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HomeMy WebLinkAbout04-13-15 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF BENJAMIN B. BOWER : NO. 21-15-0082 PRAECIPE TO FILE WILL OF BENJAMIN B. BOWER DATED JULY 16. 2009 TO THE REGISTER OF WILLS: Kindly file of record the attached Last Will and Testament of Benjamin B. Bower dated July 16, 2009 pursuant to the Citation dated March 23, 2015. Respectfully submitted, BARIC SCHERER LLC Micha I A. Scherer, Esquire I.D. No.: 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 (717) 249-5755 — Fax Attorney for Sylvia Bower C") a rn C-- 3:' 3:' W C CI C$ rn r O c a GIS -n y� N CERTIFICATE OF SERVICE I hereby certify that on April ��a , 2015, I, Andrea M. Ramos, secretary at Baric Scherer LLC, did serve a copy of the Praecipe to File Will of Benjamin B. Bower dated July 16, 2009, by first class U.S. mail, postage prepaid, to the party listed below, as follows: William R. Church, Esquire Keefer, Wood, Allen & Rahal, LLP P.O. Box 11963 Harrisburg, Pennsylvania 17108 Andrea M. amo LAST WILL TESTAMENT I, BENJAMIN B. BOWER, of 140 Long View, Carlisle, N. Middleton Township, Cumberland County,Commonwealth of Pennsylvania,being of sound and disposing mind,memory and understanding,do hereby make,publish and declare this as and for my Last Will and Testament, hereby revoking any and all other wills and codicils heretofore made by me. FIRST. I direct that all my just debts and funeral expenses be paid from my estate as soon after my death as practically and conveniently may be done. SECOND. I direct that my remains be interred within my burial plot in Blain Cemetery in accord with my expressed wishes. THIRD. I authorize my personal representative to expend funds from my estate, in such amounts as my personal representative shall consider necessary and desirable for the purchase, erection and inscription of a suitable marker for my grave. FOURTH. I give, devise and bequeath all of my estate of whatever nature,be it real, personal or mixed, and wherever situate unto my friend, SYLVIA JEAN LOKEY. In the event she fails to survive me by thirty(30) days, I give, devise and bequeath all the rest, residue and remainder of my estate unto Sylvia's children, RICHARD DAVIS, and DONALD DAVIS, living at the time of my death,per capita.. FIFTH. I direct that any and all Inheritance, Estate and Transfer taxes imposed upon my estate passing under my will or otherwise, shall be paid out of the principal of my residuary estate. SIXTH I hereby nominate, constitute and appoint my friend, SYLVIA JEAN LOKEY, as Executrix of this my Last Will and Testament. In the event of renunciation, death, resignation or inability to act for any reason whatsoever of my friend, SYLVIA JEAN LOKEY, I nominate, constitute and appoint RICHARD DAVIS as Executor of this my Last Will and Testament. I hereby relieve my Executrix from the necessity of posting security in connection with his duties, as such, in any jurisdiction in which she may be called upon to act insofar as I am able by law to do so. In addition to the powers conferred by law, I authorize my Executrix, in her absolute discretion, to retain in the form received, and to sell either at public or private sale any real or personal property owned by me at the time of my death. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of one typewritten page this 16-A day of J,t , 2009. BENJA B. BOWER Signed, sealed published and declared by the above named Testator BENJAMIN B. BOWER as and for his Last Will and Testament, in the presence of us, who, at his request, in his sight and presence and in the sight and presence of each other, have hereunto subscribed our names as witnesses. COMMONWEALTib OF PEN,',1SYLV4NIA_... . SS. COUNTY OF CUMBERLAND I, BENJAMIN B. BOWER, Testator whose name is signed to the attached or foregoing instrument,having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. 6 BENJAMIN B. BOWER Sworn or affirmed to and acknowledged before me, by BENJAMIN B. BOWER this day of tJ v 11 y , 2009. Notary Ablic coMMONWEAL M OF PENNSYLVANIA, NOTARIAL SEAL JOAN D.ADAMS,Notary Public Carlisle Boro.,Cumberland County My Commission Expires March 7,2011 COMMONWEALTH OFPENNSYLVANIA :SS. COUNTY OF CUMBERLAND We, INl1,VIAA4 A ! 00.1V61fAN and A/ JrW,4%2T44AAI the witnesses whose names are signed to the attached or foregoing instrument,being duly qualified,according to law, do depose and say that we were present and saw BENJAMIN B. BOWER sign and execute the instrument as his Last Will;that he signed willingly and that he executed as his free and voluntary act for the purposes therein expressed;that each of us in the hearing and sight of the Testator signed the will as witnesses; and that to the best of our knowledge,the Testator was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed to and subscribed before me by N VV 41 ,64 ALJ, A 91M A A , witnesses, this /l day of J0,--1 , 2009. Notary PVblic COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JOAN D.ADAMS,Notary Public Carlisle Boro.,Cumberland County My Commission Expires March 7,2011