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HomeMy WebLinkAbout05-19-15 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form: Decedent's Information Name: Alice B. Fought File No: 21-15- -5,�9 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: AL/ Age at death: 70 Decedent was domiciled at leath in Cumberland County, Pennsylvania (State) with his/her last principal residence at 207 S. Hanover St., apt 2, Carlisle,PA 17013 arlisle Borough Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania................. ...... .... . All personal property $ 50,000.00 If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ Ifnot domiciled in Pennsylvania. .. .... .. ....... ........ Personal property in County $ Value of real estate in Pennsylvania.............. .. .. ..... ............ ............. . .. ... .. . $ TOTAL ESTIMATED VALUE. ... $ Real estate in Pennsylvania situated at: None (Attach additional sheets.if necessary.) Street address,Post Office and Zip Code City,Township or Borough County © A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)ave s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated August 7, 2007 and Codicil(s) thereto dated N� State relevant circumstances(e.g.renunciation,death of executor,etc) Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. § 3323(g),and did not have a child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ❑✓ NO EXCEPTIONS ❑EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (if applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,c ta. or db.n.c.ta.,enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. ❑NO EXCEPTIONS ❑EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets,if necessary): Name Relationship Address = r o ZD—Fq n rn ..n J N r— rr1. CD a COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Alvin F Bonawitz, Jr. 29 Church Road, Carlisle, PA 17015 iv Saundra L. Bonawitz 29 Church Road, Carlisle, PA 17015 C5 C= rT c r-1 CO N CJ - J• The Petitioner(s)above-named swears)or affirm(s)the statements in the foregoing Petition are true and correct to the.bestof theowleehe Vd belief of Petitioner(s)and that,as Personal Representative(s)of the Deced t,the Petitioner(s)will w and truly administer accor(ggg law. Sworn toN'day ffirmed and subscribed before J - Date met of Date V , ='!�_/,� By: �� Nut Date For the Register Date BOND Required:❑YES aNO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ Attorney Signature: ( 3 )Short Certificate(s). . . . . . f ( )Renunciation(s).. . . . . . . . /J s { ) Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . .. . . Printed Name: Robert G. Frey Commission. . . . . . . . . . . . . . . . . . Supreme Court Other . . . . . . . ID Number: 46397 IAM -__ . . . . . . . Firm Name: Frey&Tiley �mw�— . . . . . . . 15 Address: ou ree Carlisle, A 1101 . . . . _ Phone.. 717-243-5838 Automation Fee. . . . . . . . . . . . . . . Fax: 11 1-243-b441 JCS Fee. . . . . . . . . . . . . . . . . . . . . 0 Email; rey re i ey.com TOTAL. . . . . . . .. . . . . . . . . . . . . $ DECREE OF THE REGISTER Estate of Alice B. Fought File No: 21-15- a/k/a: AND NOW, May V 2015 , in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Alvin F. Bonawitz, Jr. and Saundra L. Bonawitz in the above estate and(if applicable)that the instrument(s)dated August 7, 200 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s)) of Decedent. Register of Wills ! OATH OF SUBSCRIBING WITNESS(ES) C REGISTER OF WILLS CUMBERLAND COUNTY,PENNSYLVANIA C= rT1 rn = C:1 M CO C'-) --1 C> Alice B. Fought 0, Estate of G_L ,pDeceased Robert G. Frey (each)A subscribing witness to (PrintNames) the M Will 0 Codicil(s)presented herewith, (each)being duly qualified according to law, depose(s)and say(s)that she/he/they was/were present and saw the above Testator/Testatrix sign the same and that she/he/they signed the same and that she/he/they signed as a witness at the request of the Testator/Testatrix in her 1 his presence and in the presence of each other. V\4Xj"-U 772-,' (Signature) (Signature) 5 South Hanover Street (Street Address) (Street Address) Carlisle,PA 17013 (City.State,Zip) (City,State,Zip) Executed in Registe-,.s Office Executed out of Register's Office Swoi-A to or affirmed aid subscribed Sworn to or affirmed and subscribed before&w this-,-, day before me this day of Of Deputy for Register of Wills Notary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To betaken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s)at time of notarization. Form RW-03 rev.10.13.06 C= rn rrl OATH OF SUBSCRIBING WITNESS( n, r �2 :,� r- I,— rn rrf REGISTER OF WILLS M CO ;0 CD 7, �,-j -,-I (D CUMBERLAND COUNTY, PENNSYLVANIA — —0 --n -TI r%,.) r— rn U) O Estate of Alice B. Fought Deceased Trisha A. Liess (each) a subscribing witness to (Print Names) the MWill 0 Codicil(s)presented herewith, (each)being duly qualified according to law, depose(s) and say(s) that she/he/they was/were present and saw the above Testator/Testatrix sign the same and that she/he/they signed the same and that she/he/they signed as a witness at the request of the Testator/Testatrix in her/his presence and in the presence of each other. (Signature) (Signature) 5 South Hanover Street CIS So (Street Address) (Street Address) Carlisle, PA 17013 0 0-.r 45/e, Pa, / 2-013 (City,star--,zip) (City,SUVA zip) J Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed before me this day before me this day I S, Of Of MA�n Deputy for Register of Wills Notary Public My Commission Expires: (Signature and Seat of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s)at time of notarization. COMMONWEALTH OF PENNSYLVANLA. Form RW-03 rev.10.13.06 NOTARIAL SEAL ROBERT G.FREY,Notary Public rough of Carlisle,Cumberland County,PA LBO My Commission Expires June 27,2018 ry C> r-71 ty LAST WILL AND TESTAMENT rn OF 0 I _ tD ALICE B. FOUGHT 1, ALICE B. FOUGHT unmarried woman, of the Borough of Carlisle Cu rland �3 rri County, Pennsylvania (mailing address: 207 South Hanover Street, Apt.,,-#Z Carlis�.' P3 Co: 17013), being of sound and disposing mind, memory and understanding,"'ao herebY=Inake, publish and declare this as and for my Last Will and Testament hereby revoking and making void any and all Wills by me at any time heretofore made. 1. 1 direct my hereinafter named Executor or Executrices to pay all of my just debts and funeral expenses as soon after my death as may be found convenient to do so. I further direct that all inheritance, transfer, succession, estate and death tax-cs, including interest and penalties thereon, which may be payable on account of my death shall be payable from the residue of my estate regardless of whether the assets upon which such taxes are based are included in my probate estate. 2. 1 declare that I am unmarried and that I have three (3) adult children, CATHERINE MAE FOUGHT, ALAN L. FOUGHT, and WAYNE L. FOUGHT. I have intentionally made no provision in this my Last Will and Testament for any child of mine. 3. All of the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and bequeath jointly to my brother, ALVIN F. BONAWITZ, JR., and his wife, SAUNDRA L. BONAWITZ, or the survivor of either of them. Should neither my brother, Alvin F. Bonawitz, Jr., nor my sister-in-law, Saundra L. Bonawitz survive me, then in such event all the rest residue and remainder of my estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and bequeath to their issue, per stirpes. 4. 1 hereby nominate, constitute and appoint my brother, ALVIN F. BONAWITZ, JR., and my sister-in-law, SAUNDRA L. BONAWITZ, or either of them, as Co-Executors of this my Last Will and Testament, and I further direct that neither of them shall be required to post any bond to secure the faithful performance of his or her duties in the Commonwealth of Pennsylvania or in any other jurisdiction. S. In addition to the powers conferred by law, my hereinbefore named Trustees and Executors and their respective successors, are empowered: a. To invest any part of the trust corpus in such securities, investments, or other property as may be deemed advisable and proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. b. With respect to any corporation, the stocks, bonds, or other securities of which may be held, to vote in person or by proxy on any shares of stock; to consent to the merger, consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale of the property of any such corporations; to make any surrender, exchange or substitution of such stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of such corporations; to pay all assessments, subscriptions and other sums of money which may be deemed wise and expedient for the protection and maintenance of the proportionate interest of the investment in such corporations; to exercise any option or privilege which may be conferred upon the holders of such stocks, bonds, or other securities of such corporations either for the conversion of the same into other securities or for the purchase of additional securities, and to make any and all necessary payments which may be required in connection therewith; and generally to have and exercise as to all such stocks, bonds and other securities, the powers of an individual owner who is not under trust obligation. C. To hold the trust corpus in one or more consolidated funds in which separate shares shall have undivided interests. d. To sell at public or private sale for cash or upon credit, or partly for cash and partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts �' ^Z of the estate, and no purchaser at any such sale shall be bound to inquire into the expediency or propriety of any such sale or to see to the application of the purchase moneys arising therefrom. e. To keep on hand and uninvested such money as may be deemed proper and for such period as may be found expedient. f. To compromise, settle or arbitrate any claim or demand in favor of or against the trust estate. g. And authorized in the discharge of fiduciary duties, to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the principal or income of the trust fund, and shall further be entitled to charge against the principal or income such other reasonable expenses and charges as may be necessary and proper to incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. h. In making any division of property into shares for the purpose of any distribution thereof directed by the provisions of the trust, to make such division or distribution, either in cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any division or distribution in kind may allot any specific security or property or any undivided interest therein to any one or more of such shares, and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value for purposes of distribution of the securities or property so allotted shall be final and conclusive upon all persons interested in the trust or in the division or distribution thereof. i. And authorized to register any shares of stock or other assets of any trust in their own names or in the name of a nominee. j. To retain and invest in shares of stock of my Trustee. k. To retain any investments including mutual funds which I may own at the time of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. 1. To determine from time to time whether all or some portion of realized capital gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal to be retained as part of the corpus, and such designation need not be consistent from one year to another. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament written on one (2) pages, this rf day of �v� v sfi 2-00 7 (SEAL) ALICE B. FOUGHT Signed, sealed, published, and declared by ALICE B. FOUGHT, the Testatrix above named, as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses.