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HomeMy WebLinkAbout07-24-15 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: L, a M. ipi l a ti, �a . File No: o2 I - 16 ' "6t a/k/a: ) (Assigned by Register) a/k/a: a/k/a: Social Security No: / Date of Death: _ a,oZ / Age at death: Decedent was domiciled at death in County, TCA , (State)with his/her last principal residence at i m' 1P 1I( 19 vd-1N e VQ Street address,Post Office and Zip Code City,Tofvnship or Borough County Decedent died at f—b y--er I y 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 $ 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. ... $ 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 - ?' 2- 1 ( and Codicil(s) thereto dated 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. ASNO EXCEPTIONS r-1 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 db.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(if any)and heirs(attach additional sheets,if necessary): Name Relationship Address r^v d O fr1 E1. M, ; C7 c CJJ rN C7 Form RW-02 rev. 10/11/2011 Pagp hof 2 Q rte. rr7 E'er (,f) Q0 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address ct 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 well and truly administer the estate according to law. Swom to or affirmed and subscribed before ��,,, ,, fin,, �� Date `) me,this day of IJ A05 5 —� Date By:_OaDate F t e Register Date BOND Required:AYES �10 To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters. . . . . . . . . . . . . . . . . . . . . . $ Attorney Signature: ( l ) Short Certificate(s). . . . . . v� ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Commission. . . . . . . . . . . . . . . . . . Supreme Court �v Other . . . . . . . . ID Number: M . . . . . Q C_ M. } . . . . . . . . Firm Name: O . . . . . . . . 15 Address: . . . . . . . . li!: C12 . . . . . . . . Phone: C) C. '71 Automation Fee. . . . . . . . . . . . . . . Fax: JCS Fee. . . . . . . . . . . . . . . . . . . . . Email: 17 TOTAL. . . . . . . . . . . . . . . . . . . . . $ .y�co 'yt DECREE OF THE REGISTER Estate of s r�(tm 5 r. File No: a/k/a: AND NOW, J U lU ,�,in consideration of the foregoing Petition, satisfactory proof having be n presented before me,IT IS DECREED that Letters Q'_& are hereby granted to _ .« /� U'&E l, in the above estate and(if applicable)that the instrument(s)dated described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. Register of Wills Form RW-02 rev. 1011112011 '2'nage age 2 of 2 V C= ^ rrri C) rn � M � C-' o 73 LAST WILL AND TESTAMENT OF { o M � o C; '0 JOHN MICHAEL WILSON, Sr. KNOW ALL MEN BY THESE PRESENTS,that 1,John M. Wilson,Sr.,of 4344 Carlisle Road, Gardners, Cumberland County,Pennsylvania 17324,being in good health and of sound and disposing memory,do hereby make,declare,and publish this as my Last Will and Testament,hereby revoking all former Wills and Codicils heretofore made by me. FIRST: I direct that all my just debts and expenses of my last illness and funeral expenses shall be paid by my Executrix,hereinafter named, from my estate as soon after my decease as shall be found convenient. SECOND: (a) I give personal gifts of the items listed and to the individuals named on the Listing of Personal Gifts attached to this Will. (b) I give, devise, and bequeath all the rest,residue, and remainder of my estate, whether real, personal or mixed, of any nature whatsoever and wherever situated, including any lapsed or void legacy, to my wife, Cynthia M. Wilson, if she survives me by ninety(90) days. (c) If my wife, Cynthia M. Wilson, predeceases me or is not living on the ninety-first day after my death,then I give the rest, residue, and remainder of my property whether real, personal, or mixed,to my daughter Tracy M. Garman, 1460 Goodyear Road,Gardners,Pennsylvania,and my two grandchildren, Alexander J. Garman, and Olivia F. Garman, both of 1460 Goodyear Road, Gardners, Pennsylvania. Each of the three named individuals is to receive a one-third (1/3) share. The shares for Alexander J.Garman and Olivia F. Garman are to be placed In Trust and used for the health,welfare and education of each. I direct that Tracy M. Garman and Kippen C. Garman, of 1460 Goodyear Road, Gardners, Pennsylvania shall serve as Co-Trustees of the finances of Alexander J. Garman and Olivia F. Garman, and will provide each of the beneficiaries the residue of his or her share upon attaining his or her twenty-fifth (25) birthday. If any of the devisees listed in paragraph(c)predeceases me,the percentage share that would otherwise be distributed to that predeceased devisee shall be distributed to his or her issue,per stirpes, and should no issue be available to receive, then such share shall be added to the share for my other named beneficiaries. 1 THIRD: I hereby nominate, constitute, and appoint my wife, Cynthia M. Wilson, as Executrix of this my Last Will and Testament.If my Executrix fails to serve,or for any reason fails to continue to serve, I then appoint Tracy M. Garman to serve as Executrix. FOURTH: I direct that my Executrix,or her successor, shall not be required to furnish any bond or other security for the faithful performance of her duties,notwithstanding any provisions of law to the contrary. FIFTH: My Executrix shall have, in addition to the powers and authority conferred upon her by law, the following additional powers and authority: 1. To gift, sell at public or private sale, exchange, lease,mortgage, or pledge any property, real or personal,constituting a portion of this estate,at any time,and upon such terms and conditions as she shall deem wise. 2. To invest any money at any time in such bonds, stocks,notes,real estate, mortgages, life insurance, annuities, or other securities, or such property, real or personal, as she shall deem wise, without being limited by any statute or rule of law regarding investments by the Executrix. 3. To retain, without incurring any liability, as investments, any property owned by me at the time of my death,as long as she deems it wise, and even though such property is not the kind of property she would purchase as an investment,and even though to retain such property might violate sound diversification principles. 4. To cause any security or other property which may at any time constitute a portion of my estate to be issued,held,or registered in her own name,or in the name of a nominee,or in such form that title will pass by delivery. 5. To consent to the reorganization, consolidation, readjustment of the financial structure, or sale of the assets of any corporation or other organization, the securities of which constitute a portion of my estate, and to take any action with reference to such securities which, in the opinion of my Executrix, is necessary to obtain the benefit of any such reorganization, consolidation, readjustment or sale; to exercise any conversion privilege or subscription right given to her as the owner of any securities constituting a portion of my estate; to accept and hold as a portion of my estate securities resulting from any reorganization,consolidation,readjustment,sale,conversion,or subscription. 6. To pay all costs,taxes,charges and expenses in connection with the administration of my estate. 2 7. To determine what is "Income" and what is "Principal" hereunder, and her decision thereon shall be final; and to purchase securities at a premium or discount, and to apply or charge said premium or discount against income or principal as she may determine. 8. To gift,transfer, sell, exchange,partition, lease,mortgage,pledge, give options upon,or otherwise dispose of any property at any time held by her, at public or private sale, or otherwise. 9. To borrow money from any person,firm or corporation,for the purpose of protecting and preserving or improving my estate or to execute promissory notes or other obligations for amounts so borrowed. 10. To employ legal counsel, accountants, brokers, investment advisors, custodians, managers, and other agents and employees and to pay them reasonable compensation out of my estate or out of any fund held hereunder to which said compensation is attributable. 11. To do all other acts in her judgment necessary or desirable for the proper and advantageous management, investment, and distribution of my estate. SIXTH: I direct that all transfer and inheritance taxes, state or federal, assessed because of my death, whether the funds, property, or insurance proceeds to which such taxes are attributabl pass under this Will or not,shall be paid out of my residuary estate just as if they were my debts and none of those taxes shall be charged against any beneficiary;that my Executrix pay, or provide for payment of all such taxes at such time or times, and in such manner as my Executrix deems best. SEVENTH: All questions as to the validity of this, my Last Will, or the administration of the Will shall be governed by the laws of the Commonwealth of Pennsylvania. EIGHTH: If my wife and I shall die simultaneously or under circumstances which make it � difficult to determine which of us died first, I direct that my wife, Cynthia M. Wilson, shall be determined to have predeceased me, and I direct further that the provisions of this Will shall be construed upon that assumption irrespective of any provisions of law establishing a contrary presumption or requiring survivorship for a fixed period as a condition of taking property by inheritance. NINTH: Should my wife, Cynthia M. Wilson,my daughter Tracy M. Garman and my two grandchildren,Alexander J.Garman and Olivia F.Garman,all fail to survive me,then I give,devise, and bequeath all the rest,residue,and remainder of my estate of whatsoever nature and wheresoever situate to Charles J. Ilaria, Jr., 109 Flintstone Drive,Newville, Pennsylvania. 3 TENTH:Except as otherwise provided in this Will,I have intentionally failed to provide for any other relatives or other persons,whether claiming to be an heir of mine or not. Insofar as I have failed to provide in this Will for any of my issue now living or later born or adopted, such failure is intentional and not occasioned by accident or mistake. IN WITNESS WHEREOF, 1, John M. Wilson, Sr.,the Testator to this, my Last Will and Testament, typewritten on four (4) sheets of paper which I have identified in the margin of each page by my signature,hereunto set my hand and seal this �,Z� day of February, 2014. )4n M. Wilson, Sr. The preceding instrument consisting of four (4) typewritten pages, each identified by the signature of the Testator, John M. Wilson, Sr., was on this day and date signed, published, and declared by him,the Testator therein named, as and for his Last Will, 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. Q-6�-Z- V � COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) 1, John M. Wilson, Sr., 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 on the 22,E day of February, 2014; that I signed it willingly; and that I signed it as my free and voluntary act for t purposes therein expressed. JAn M. Wilson, Sr. 4 Sworn or affirmed to and acknowledged before me, by John M. Wilson, Sr., the Testator, this 2 day of February, 2014 . UJA Notary Public COMMONWEALTM Of PE YLVANIA Notarial Seal Niven I Baird,Notary Public Carlisle Koro,cumieri nd County 2014 COMMONWEALTH OF PENNSYLVANIA ) My commission� member.Pennsuivania Assod atlon of Notaries SS: COUNTY OF CUMBERLAND ) We, 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 John M. Wilson, Sr. sign and execute the instrument as a codicil to his Last Will;that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of John M. Wilson, Sr. signed the codicil as witnesses; and that,to the best of our knowledge, John M. Wilson, Sr. was at the time eighteen(18) or more years of age, of sound mind, and under no constraint or undue influence. Sworn or affirmed to and subscribed to before me by the above-named witnesses, this 2,29 day of February, 2014. IUAD,tA I &LA 10 ' Notary Public a EALIIi OF PEN YLVANIANotarial Seal7.Baird,Notary PublicBoro,Cumberland countyission Expires Nov.2,201A Member.Penns* Association of NotaAes 5