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HomeMy WebLinkAbout07-15-15 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 �e ��� Name: Elmer Babcock File No: 1 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: June 7, 2015 Age at death: 88 Decedent was domiciled at death in Cumberland County, Pennsylvania (state)with his/her last principal residence at 1 Longsdorf Way, Carlisle, PA 17015 South Middleton Townshil) Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 1 Longsdorf Way, Carlisle, PA 17015 South Middleton Township 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 $ 40,000.00 If not domiciled in Pennsylvania. . . ... .... . ... . . . . . ..... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. . . . . ..... .. .. . . . . . . . ... Personal property in County $ Value of real estate in Pennsylvania.. . . .... ...... . . . . . ... ... ... . ............. . ... . . . .... .. . . $ TOTAL ESTIMATED VALUE. . . . $ 40,000.00 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)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated June 12, 1991 and Codicil(s) thereto dated February 13 2007 15� EkdC ,-"-ro line T_ SaCOCC �c�cr�e tie_ . t aOc State relevant circumstances(e.k.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 bom 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.t.a. or d.b.n.c.t.a.,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 Qany)and heirs(attach additional sheets, if necessary): c,:l o ; Name Relationship Add e,3 s C--- O x � � rnM Cn c� to Form RW-02 rev./0111120/1 Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Mary ooys 5 Westwood Drive, Mount Holly Springs, PA 17065 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,the Petitioner(s)will we 1 and truly administer the estate according to law. Sworn to or affirmed and subscribed before `/ Date L45 me this day of Vt ,o�IJ Date By: Date For the Register Date BOND Required: [:]YES [Z]NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ O. Attorney Signature: ( 5 ) Short Certificate(s). . . . . . ( ) Renunciation(s).. . . . . . . . ( ) Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Commission. . ` k . . . . . . . . . . . . . Supreme Court o Other v\ . . . . . . . . ID Number: ::0 C mC. M . . . . . . Firm Name: 09 . . . . . . . . Address: 7 r-� . . . . . . t3 C7 :2 . . . . . . . . Phone: C� Automation Fee. . . . . . . . . . . . . . . Fax: t r rrl JCS Fee. . . . . . . . . . . . . . . . . . . . . Email: TOTAL. . . . . . . . . . . . . . . . . . . . . $ DECREE OF THE REGISTER Estate ofc ©U� File No: a/k/a: AND NOW, , in cons' l r tion of the oregoing Petition, satisfactory proof having been esented before me,IT IS DEC R ED th e t rs are hereby granted to rkru V114 h Q3 'n the aboxW estate and if applicable)that the instrument(s) dated , '7 described in the Petition be a mitted to probate and riled of record as the last Will (and C dicil(s)) of Decedent. Re ste of Wills Form RW-02 rev.10/11/2011 Page 2 of 2 ry IX O CJ7 rn LAST WILL AND TESTAMENT v C- C> I . cn : . --q Q r r, C-n rpt m OF �� �.� � � C) Co ELMER BABCOCK G' Q I , Elmer Babcock, of 90 McLand Road, Mt. Holly Springs, Pa. , 17065, being of sound and disposing mind and memory, do make, publish, and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me heretofore made. FIRST: I direct my Executor, hereinafter named, to pay all my just debts, funeral expenses and testamentary expenses as soon as convenient after my decease . SECOND: I give, devise and bequeath all the rest, residue and remainder of my estate, real, personal or mixed, wheresoever and howsoever situate, or over which I may have any power of appointment, to my Wife, Jeannette G. Babcock, her heirs and assigns forever. THIRD: In the event that my Wife, Jeannette G. Babcock, should predecease me or fail to survive ten days after my death, I give, devise and bequeath, all the rest, residue and remainder of my estate, real, personal or mixed, wheresoever and howsoever situate, to my children: Paul Kenneth Babcock, Nancy Ruth Ten Kate and Mary Ruth Vooys, equally, share and share alike. In the event that any child of mine predeceases me or fails to survive ten days after my death, I give, devise and bequeath his or her share of my estate to the issue of such deceased child then surviving me, per stirpes, equally, share and share alike. In the event such child of mine leaves no issue surviving me, I give, devise and bequeath the share of such deceased child to my then surviving children, equally, share and share alike. FOURTH: In the event that any part of my estate is payable or distributable to any grandchild or grandchildren of mine, who have not attained the age of twenty-one years, I give, devise and bequeath the share of such grandchild or grandchildren to my Trustee, hereinafter named, in Trust, nevertheless, for the benefit of such grandchild, upon the following terms and conditions : To hold and administer the share of each such grandchild separately and pay to or apply to or for the benefit of each such grandchild so much of the income and principal at such times and in such amounts as my trustee in his or her absolute discretion may deem necessary or appropriate for the support, education, and welfare of such grandchild. At such time as any such grandchild shall attain the age of twenty-one years, the trust as to him or her shall terminate and the balance of principal and undistributed income, if any, shall be paid to such child outright. In the event a Trust is established for any grandchild of mine who then dies prior to the termination of the Trust, the principal and undistributed income, if any, shall be paid to such grandchild' s then surviving brothers and/or sisters, equally, share and share alike. In the event that any such grandchild dies leaving no brothers or sisters him or her surviving, the Trust fund shall be paid to such child' s surviving parent, absolutely and forever. FIFTH: I nominate and appoint my daughter, Nancy Ruth Ten Kate as Trustee under any Trust herein established for any child or children of my son, Paul Kenneth Babcock; and my daughter, Mary Ruth Vooys as alternative Trustee in the event the aforementioned Nancy Ruth Ten Kate fails to qualify as Trustee under the above-mentioned Trust. I nominate and appoint my son, Paul Kenneth Babcock as Trustee under any Trust herein established for any child or children of my daughter, Nancy Ruth Ten Kate; and my daughter, Mary Ruth Vooys as alternative Trustee in the event the aforementioned Paul Kenneth Babcock fails to qualify as Trustee under the above-mentioned Trust. I nominate and appoint my son, Paul Kenneth Babcock as Trustee under any Trust herein established for any child or children of my daughter, Mary Ruth Vooys; and my daughter, Nancy Ruth Ten Kate as alternative Trustee in the event the aforementioned Paul Kenneth Babcock fails to qualify as Trustee under the above-mentioned Trust. SIXTH: I direct that any and all Inheritance, Estate and Transfer Taxes imposed upon my estate passing under my will shall be paid out of the principal of my residuary estate. SEVENTH: I nominate and appoint my wife, Jeannette G. Babcock, as Executrix of this my Last Will and Testament. Should my wife, Jeannette G. Babcock, predecease me, fail to survive me by ten days or for any other reason fail to qualify as executrix or having qualified, fails to complete the administration of my estate, I nominate and appoint my son, Paul Kenneth Babcock, as Executor of this my Last Will and Testament. Should my son, the aforementioned Paul Kenneth Babcock, fail to qualify as Executor for any reason or having qualified, fail to complete the administration of my estate, I nominate and appoint my daughter, Nancy Ruth Ten Kate, as Executrix of this my Last Will and Testament. Should my daughter, the aforementioned Nancy Ruth Ten Kate, fail to qualify as Executrix for any reason or having qualified, fail to complete the administration of my estate, I nominate and appoint my daughter, Mary Ruth Vooys, as Executrix of this my Last Will and Testament. EIGHTH: I further order and direct that no bond or other security shall be required of my aforesaid Executor or Executrix and Trustee for the faithful performance by them of their duties in the administration of my estate in any jurisdiction. NINTH: In the administration of my estate and the Trust and powers hereby established or created, and with respect to any accumulation of income authorized herein, my Executor or Executrix and Trustees shall, in addition to and not in limitation of the powers provided by law, have the following powers which may be exercised in either or both capacities as they in their absolute discretion may deem .necessary or advisable and without authorization by any Court: A. To sell and convey any real property whereof I may die seized, at such times and upon such terms as they may deem for the best interest of my estate, and in the exercise of such power of sale, the purchaser shall not be obliged to look into the application of sale proceeds, nor inquire into the sufficiency, necessity or legality of the exercise of such power of sale, B. To invest and reinvest the assets of my estate in such way and manner as they may deem for the best interest of my estate, C . To generally do any and all things necessary for the complete administration of my estate . IN WITNESS WHEREOF, I have hereunto set my hand and seal this a day of , 1991. Elmer Babcock The preceding instrument, consisting of this and five preceding typewritten pages, was on the day and date thereof signed, published and declared by Elmer Babcock, the Testator therein named, as and for his Last Will and Testament, in the presence of us, who at his request, in his presence, and the presence of each other have subscribed our names as witnesses hereto. Witness Witness Witness I, Elmer Babcock, Testator, whose name is signed to the within instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purpose therein expressed. Elmer Babcock Sworn or affirmed to and acknowledged before me by the Testator herein, known or proven to me to be Elmer Babcock, this day of 1991. ,Y Notarial Seal Cynthia L.Darr.Notary Pubfic South Middleton Twp.,Cumbertaruf County My Commission Expires May 18,1992 _ Member,Pennsyfvania Association of Notaries We, the witnesses whose names are signed to the foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute the instrument as his Last Will and Testament; that Elmer Babcock signed willingly and that Elmer Babcock executed as his free and voluntary act for 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 or more years of age, and under no constraint or undue influence. Witness Witness Lz::�L(ZL=4� Witness Sworn or affirmed to and acknowledged before me by the Witnesses herein, known or proven to me to be said witness so named, this day of 1991 . Notary Public B:BABWILLE �J OATH OF SUBSCRIBING WITNESS(ES) w m rn REGI--STER OF WILLS r-- r` n C1n r a h C7 COUNTY,PENNSYLVANIA ; c� Estate of i `ll r C�OL� _ _-- s , Dece9sed n ..1 , (each)a subscribing witness to (Print Afa-eft) the MWill (3 Codicil(s)presented herewith, (each)being duty 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. (Siymn e) U (.Signature) wooc(i2oa�1 (Street Address) (Street Address) eoyk3le NY t (7 (G'ity,State.'Lip) --- (City.State. 'Lip) 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 8 day of _ of 5U Z-d. Deputy for Register of Wills Notary Public My Commission Expires: (5ignatum and Seal of Notary or other official qualified to administer maths. Show date of expiration of Notary's Commission.) NOTE: To he taken by Officer authorized to adminiucr oaths. Maw have present the original or Copy of instrumcnt(s)at time of notarization. DOUGLAS VOLPICELLI r'orm kw_03 rev.10.13.06r potary Public, state of New York "jified to Tompkins CountyQua NO. ()J\104678098 my My commission Expires OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS cn rn rn c )M&Efa h COUNTY, PENNSYLVANIA to C;>0 �� . rncs -+ C:) 7 y r- r-k rn rn �— � m un :)o 1:3 U) o c� v c� v -rt �I'1'1 e rZ br?(7��� c> -TI Estate of �_a �-- t.r.Deceased (�cp� -s , (each) a subscribing witness to (Print Nam els) r the[gWill 0 Codicil(s)presented herewith, (each)being duly qualified according to law, depose(s) and +`e 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. E (Si ature (Signature) w e-, f; t Oocl (Street Address) (Street Address) M4, H v(f�r�pr,l�q�, r�Ya- IDLs (City,State,,Zip) (City.State,Zip) 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 his 157 day before me this day of ;� of i putt'for e to f 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 rV r'('t- -r C> CODICIL m 1710 M � , s a I, ELMER BABCOCK, of the Borough of Mt. Holly Spring.-,,EZ` wnt9Ebf -y . Cumberland and Commonwealth of Pennsylvania, having made my LasLwillc rd ' Testament dated June 12, 1991, d.o hereby make, publish and declare this to be a Codicil to my said Last Will and Testament. ti FIRST. I hereby revoke Item SEVENTH of my said Last Will and Testament and replace it with the following: SEVENTH. I nominate, constitute and appoint my wife, JEANNETTE G. BABCOCK, Executrix of this, my Last Will and Testament, but if for any reason she shall fail to qualify as such Executrix or cease so to serve, then I nominate, constitute and appoint my daughter, MARY RUTH VOOYS, of Mt. Holly Springs, Pennsylvania, to serve in her place and stead, but if for any reason she shall fail to qualify as such Executrix or cease so to serve, then I nominate, constitute and appoint my son, PAUL KENNETH - BABCOCK, of Midland Park, New Jersey, to serve in her place and stead, but if for any reason he shall fail to qualify as such Executor or-cease sb'to serve, then I nominate, constitute and appoint my daughter, NANCY RUTH TEN KATE, of Freeville, New York, to serve in his place and stead, all to serve without bond in this or any other jurisdiction LAW OFFICES SECOND. -In all other respects, I hereby ratify, confirm and MARLIN R. McCALEB r republish my.Will dated June 12, 1991, together with this Codicil, as and for my Last Will and Testament. IN WITNESS WHEREOF, I; ELMER BABCOCK, have hereunto set my hand and seal to this Codicil to my Last Will and Testament dated June 12, 1991, this day of V t �7 , A.D., Two Thousand Seven (2007). (SEAL) The preceding instrument, consisting of two (2) pages, was on the date thereof signed, sealed, published and declared by ELMER BABCOCK, the Testatator therein named, as and for a Codicil to his Last Will and Testament dated June 12, 1991, in the presence of us, who, at his request, in his presence and in the presence,of each other, have subscribed our names as witnesses hereto. f LAW OFFICES MARLIN R. McCALEB -2- rn' o rn C ca o. M > w C7 OATH OF SUBSCRIBING WITNESS(ES)� ID REGISTER OF WILLS " s "' Ou 133 be a t-ld COUNTY, PENNSYLVANIA Estate of r I hn(L.r Bahcnc , Deceased (*ask) a subscribing witness to (Print Nam els) the E_ Will W Codicil(s)presented herewith, (flask)being duly qualified according to law, depose(s) and say(s)that sloe/he/4iey was/ e present and saw the above Testator/'T'�ri-x- sign the same and that se/he/- signed the same and that 4w/he/ signed as a witness at the request of the Testator/west in -hef/his presence and in the presence of each other. ' G Signature) (Signature) ,Q1C1e�-�- (Street Address) (Street Address) D leaf ranrc sbur PPc 1-7055 (City,State,Zip) (City,State,Zip) 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 t is day before me this day of `'�'� ,�. of )Vb'epuotyfor�o�egiggof0vills 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 1 S- -7�3 OATH OF SUBSCRIBING WITNESS(ES) -. REGISTER OF WILLS C— �-,rri` CUMBERLAND COUNTY, PENNSYLVANIA r-- C-n r rt C CZ Q 7 r— n Estate of Elmer Babcock 6a ,PeEgased s -T1 Emily A. Foster formerly known as Emily A. Joreg , (eater) a subscribing witness to (Print Name/s) the 0 Will 1 Codicil(s) presented herewith, (eas4}being duly qualified according to law, depose(s) and say(s) that she /4tee/-key was/.tee- present and saw the above Testator/4ee� sign the same and that she /-h@-/try signed the same and that she/4&/ signed as a witness at the request of the Testator/T,.- in her-/his presence and in the presence of each other. (Signature) (Signature) d 153 Melbourne Lane (Street Address) (Street Address) Mechanicsburg, PA 17055 (City,State,Zip) (City,State,Zip) 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 q- day Deputy for Register of Wills Notary Public My Commission Expires: k ` (Signature and Seal of Notary or other official qualified to administer oaths. Show date ofexpiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the origin XVpRyMVW9jAV�� �VA NI Wren R VeAld,Mahn Pub k Form 2W--03 rev. 10.13.06 Neel inks"Bom CmbwWW CaU* My Coramfs W Expires Ow-K 2"1 ■Er• R.PENNYLVIVA 0TRUW1 OF 89TARNS