HomeMy WebLinkAbout07-15-15 Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland }
Petitioner(s)Printed Name Petitioner(s)Printed Address
J.Wesley James 201 Shatto Drive
Carlisle,PA 17013
The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and
belief of Petitioner(s)and that,as Personal Representative(s)of the Decedent,Petitioner(s)wilell and truly administer the estate according to law.
r-
Sworn t4 oraffirmed an subscribed before t Date
me this ` ay of cSA L Date
By. Date
For the Register Date
BOND Required? ❑ YES NO To the Register of Wills:
FEES:
Please enter my appearance by my signature below:
Letters.......................................... $ 'O Attorney ignatur
( )Short Certificate(s)......... rj
( )Renunciation(s)..............
( )Codicil(s)........................
( )Affidavit(s)...................... Printed Name: Ivo V.Otto III
Bond............................................. Supreme Court
Commission.................................. ID Number: 27763
Other Wit 1 15
Firm Name: Martson Law Offices
' Lryl tS Address: 10 East High Street
Carlisle,PA 17013
Phone: 717-243-3341
Automation Fee............................ rj
SS.
� ,5O Fax: 717-243-1850
JCSFee.......................................
TOTAL......................................... $ 4-3��5.60
E-mail: iotto@martsonlaw.com
DECREE OF THE REGISTER
Date of Death: 07/04/2015
Social Security No:
Estate of Benjamin D.James File No: 21-15 — 1ma+
a/k/a: Benjamin D.James Sr.
AND NOW, , _ ,in consideration of the foregoing Petition,
satisfactory proof hav,13deen presEoed before me, IT IS DECREED that Letters Testamentary
are hereby granted to J.Wesley James
in the above estate and(if applicable)that the instrument(s)dated 12/04/2013
described in the Petition be admitted to probate and filed of record as the I t Will(andd}Codi il(s)mfi!i2m
l/l
R gi a of Wills
Copyright( VN 011 form software only The Lackner Group,Inc. Page 2 of 2
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:
J.Wesley James
Decedent's Information
Name: Benjamin D.James File No: 21-15
a/k/a: Benjamin D.James,Sr. (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 07/04/2015 Age at Death: 102
Decedent was domiciled at death in Cumberland County, PA (State)with his/her last
principal residence at 1000 West South Street,Carlisle 17013 Borough of Carlisle Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 1000 West South Street,Carlisle 17013 Borough of Carlisle 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 $ 300,000.00
If not domiciled in Pennsylvania................ Personal property in Pennsylvania $
If not domiciled in Pennsylvania................ Personal property in County $
Value of real estate in Pennsylvania................................................................... $ 0.00
TOTAL ESTIMATED VALUE $ 300,000.00
Real estate in Pennsylvania situated at
(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)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 12/04/2013 and Codicil(s)
thereto dated
William F.Martson sianed a Renunciation form dated 7/7/2015. n
State relevant circumstances(e.g.,renunciation,death of executor,etc.) CX) Z1 f _ G7
Except as follows:after the execution of the instrument(s)offered for probate,Decedent did not mar was not divo ga,-..Pot atpgrty toC3ppiaSFling
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g) and hPve ah�il born prC�
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. r— Mf�t M
®NO EXCEPTIONS ❑ EXCEPTIONS xs u r _
❑ B. Petition for Grant of Letters of Administration (If applicable) c-a CD —rj �N
ata.,d.b.n.,d.b.n.c.t.a.,pedente lite,durante, bsentia.Q~te miRonf to
r— rrI
If Administration,c.t.a or d.b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs. — O r
Except as follows:Decedent was not a party to pending divorce proceedingwherein the grounds for divorce had beets established� ,defined Orl
-
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adudicated 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
Form RW-02 rev.10.11-2011 Copyright(c)2011 form software only The Lackner Group,Inc. Page 1 of 2
i. F:\FILES\Clients\13490BJamcs\13490.I.wi11.2013.wpd
. RECORDED OFF'I'CE OF
RMSTER OF MILLS 5
LAST WILL AND TESTAMENT
1015 JUL 15 AM 10 37
C L E FAI "NJAMIN D. JAMES, of Silver Spring Township, Cumberland County,
OiSvani'a;�eing of sound and disposing mind and memory,do hereby make,publish and
CUM ERL di( tri;. ;.'�
declare this to be my Last Will and Testament, hereby revoking any and all former Wills or
Codicils made by me.
1.
I direct that all my legally enforceable debts,funeral expenses,testamentary expenses
and all death taxes (whether such taxes may be payable by my estate or by any recipient of
any property)shall be paid from my residuary estate as soon as practicable after my decease
and as part of the administration of my estate. My Executors shall have no duty or obligation
to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or
other property not passing under this Will.
2.
I give the following:
a. The sum of THREE THOUSAND DOLLARS($3,000.00)unto DICKINSON
COLLEGE located in Carlisle, Pennsylvania;
b. The sum of ONE THOUSAND ONE HUNDRED DOLLARS($1,100.00)unto
ST. JOHN'S EPISCOPAL CHURCH located in Carlisle, Pennsylvania;
C. The sum of ONE THOUSAND ONE HUNDRED DOLLARS($1,100.00)unto
THE UNITED WAY OF CARLISLE and CUMBERLAND COUNTY located in Carlisle,
Pennsylvania;
d. The sum of FIVE HUNDRED DOLLARS($500.00)unto PROJECT SHARE
located in Carlisle, Pennsylvania.
3.
I give, devise and bequeath all the rest,residue and remainder of my estate, both real
and personal property, in the following manner:
Page 1 of 5 Pages
a. FIFTY-FIVE PERCENT (55%) thereof unto my son, J. WESLEY JAMES;
b. TEN PERCENT (10%) thereof unto my grandson, SCOTT JAMES;
C. TEN PERCENT (10%) thereof unto my granddaughter, KRIS FURNESS;
d. TEN PERCENT (10%) thereof unto my granddaughter, SHARI BLACK;
e. FIFTEEN PERCENT (15%) thereof in equal shares unto each of my great-
grandchildren, RYAN JAMES, BRANDON JAMES, KACEY JAMES, ERICA JAMES,
JONATHAN FURNESS, DEVIN FURNESS, LAUREN BLACK, MICHAEL BLACK,
ABBY BLACK, ANDREW BLACK and MATTHEW FARACE.
f. I direct that any gift to any beneficiary under the age of twenty-one(2 1)years
shall be paid to such beneficiary's parent,who is my lineal descendent,as custodian for such
beneficiary under the Pennsylvania Uniform Transfers to Minors Act, or, if such lineal
descendent is not then living,to be paid to any adult individual selected by my Executors as
custodian for such beneficiary under the Pennsylvania Uniform Transfers to Minors Act.
4.
I nominate, constitute and appoint my son, J. WESLEY JAMES, and WILLIAM F.
MARTSON,as co-Executors of my estate,both of whom are to be compensated on an hourly
basis.
5.
1 direct that all fiduciaries acting under this Will,whether or not named herein, shall
not be required to give bond for the faithful performance of their duties in any jurisdiction.
6.
I authorize and empower my Executors, in their sole and absolute discretion, to
purchase or otherwise acquire and retain any investments of which I die seized or any real
or personal property of any nature; to sell, lease, pledge, mortgage, transfer, exchange,
dispose of or grant options in regard to any or all property of any kind forming a part of my
estate for such terms and such prices as they may deem advisable; to borrow money for any
[Initials]
Page 2 of 5 Pages
purposes connected with the protection and preservation of my estate;to mortgage or pledge
any real or personal property forming a part of my estate or to join in or secure the partition
of same; to compromise any claims or demands of my estate against others or of others
against my estate; to make distribution in kind and to cause any share to be composed of
cash, property or undivided fractional shares in property different in kind from any other
share; to employ agents, attorneys and proxies and to delegate to them such power as my
Executors consider desirable and to pay reasonable compensation for such services as may
be rendered by such agents, attorneys and proxies; and to execute and deliver such
instruments as may be necessary to carry out any of these powers. In addition, I direct that
my Executors shall have the power to conduct an inventory of any safe deposit box necessary
to the administration of my estate.
IN WITNESS WHEREOF I have hereunto set my hand and seal this day of
December, 2013.
f '
(G, r; •r �L- %;ri`s'k? y :SEAL)
enjam�n D. James
SIGNED,SEALED,PUBLISHED AND DECLARED by the above-named Testator,
as and for his Last Will and Testament, in the presence of us, who at his request, have
hereunto subscribed our names as witnesses thereto, in the presence of the said Testator and
of each other.
Page 3 of 5 Pages
COMMONWEALTH OF PENNSYLVANIA )
. SS.
COUNTY OF CUMBERLAND )
I,Benjamin D.James,the Testator,whose name is signed to the foregoing instrument,
being first duly sworn, does hereby declare to the undersigned authority that the Testator
signed and executed the instrument as his last Will and that the Testator has signed willingly,
and that the Testator executed it as his free and voluntary act for the purposes therein
expressed.
SOP 2LA--i ,z
Benjamin D. James, Tes talor
Subscribed, sworn to and acknowledged before me by Benjamin D. James, the
Testator, and subscribed and sworn to before me this day of December, 2013.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Melissa A. Scholly, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Jan. 19, 2018
MEMBER.PENNSYLVANIA ASSOCIATION OF NOTARIES
Page 4 of 5 Pages
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
We,Ivo V. Otto III and Melissa A. Scholly,the witnesses,respectively,whose names
are signed to the foregoing instrument, being first duly sworn, do hereby declare to the
undersigned authority that the Testator signed and executed the instrument as his last Will
and that the Testator has signed willingly, and that the Testator executed it as his free and
voluntary act for the purposes therein expressed, and that each of the witnesses, in the
presence and hearing of the Testator, signed the Will as a witness and that to the best of
his/her knowledge the Testator was at that time eighteen years of age or older,of sound mind
and under no constraint or undue influence.
Witness
Witness
Subscribed, sworn to and acknowledged before me by Ivo V. Otto III and Melissa A.
Scholly, the witnesses, this yday of December, 3.
l r a
Notary Public
CpMMONWEAi,TH of PEMSYLVAMA
NOTARIAL SEAL
Victoria L.Otto,Notary Public
Carlisle Boro,Cumberland County
My commission expires December 20,2014
Page 5 of 5 Pages
RENUNCIATION
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Benjamin D.James Deceased
William F. Martson in my capacity/relationship as
(Print Name)
Executor of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
J.Wesley James
l.r_ cl-
o cn Cn
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07/07/20.1
(Date) (Signature)
C,:) � V) William F. Martson
LULU z
a U) ca w
Q- co 770 South Hanover Street
ca ,� `3 -E
--a o (Street Address)
Ca C.3
Cl—i
Carlisle, PA 17013
(City,State,Zip)
Executed in Register's Office Executed out of Register's Office
Sworn to or affirmed and subscribed Before the undersigned personally appeared the
before me this day party executing this renunciation and certified
that he or she executed the renunciqlIion for the
of purposes stated within on this IrN day
of
� -M�,
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.)
COMMONWEALTH OF PENNSYLVANIA
Notarial Seat
Melissa A. Scholly, Notary Public
Carlisle Boro, Cumberland County
My commission Expires Jan. 19, 2018
Form RW-06 Rev.10-13-2006 Copyright(c)2006 form software only The Lackner Group,Inc. MEMBER,PENNSYLVANIA ASSOC1AT10N bF NOTARIES