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HomeMy WebLinkAbout05-10-05 PETITION FOR PROBATE and GRANT OF LETTERS Estate of DAVID WILLIAM DONOVAN No. d I - oS- - 0 l/ ~ also known as To: Register of Wills for the , Deceased. County of CUMBERLAND in the Social Security No. 205386734 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older and the execut rix named in the last will of the above decedent, dated SEPTEMBER 8. 1982 and codicil( s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in NEWVILLE. CUMBERLAND County, Pennsylvania, with h is last family or principal residence at 2278 PINE ROAD. NEWVILLE (PENN TOWNSHIP) CUMBERLAND COUNTY. PENNSYLVANIA 17241 (list street, number and municipality) Decedent, then 55 years of age, died 3/3112005 at 2278 PINE ROAD. NEWVILLE. PA 17241 Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: $ $ $ $ WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters testamentary tlrere~/t.'^.'_".'__(-"'Y;';=';; ;~.~:.";",.....,...) 3 ~ CARLISLE PA 17013 g PA E L N DONOVAN " "" 'r;;,-, " ~ r:.:'t:" " "" " " 0 ~'';:: ~.~ ,,0.. -"-< .a 0 '" " Ol) u; ~,- .. OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA} COUNTY OF CUMBERLAND 55 HAROLD S. IRWIN, III C,:) 1"'; The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and beliefofpetitioner(s) and that as personal represen- tative( s) Df the above decedent petitioner( s) will well and Iy ~dminister the estate according to law. SWOnl to or affirmed JIP,4 subscribed { before me this 'f'11'l day of ~05.L-. ~ r-~ '" 00' " " " ~ ~ Nu. ~ ~ -as- ~~a~ Estate Of DAVID WILLIAM DONOVAN ,Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ~AAY ~ ~ .2005 , in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated 9/8/1982 • described therein be admitted to probate and filed of record as the last will of DAVID WILLIAM DONOVAN and Letters TESTAMENTARY are hereby granted to PAIGE LYNN DONOVAN FEES Probate, Letters, Etc......... $ Short Certificates (7 } ...... $ Renunciation ............ $ TOTAL $ Filed ....................... . R w~u~ HAROLD S. IRWIN, I ~~ ~ c 29920 ~ ;1_ _ ATTORNEY (Sup. C~ I.D. No.) r"`~/"-~ 64 SOUTH PITT STREET / CARLISLE PA 1 01~_ ADDRESS 717-243-6090 PHONE PETITION FOR PROBATE and GRANT OF LETTERS Estate of DAVID WILLIAM DONOVAN No. 07 ~ ' 65^ _ ~ y oZ.jo also known as Deceased. To: Register of Wills for the County of CUMBERLAND in the Social Security No. x,05386734 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older and the execut rix named in the last will of the above decedent, dated SEPTEMBER 8. 1982 and codicil(s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in NEWVILLE. CUMBERLAND County, Pennsylvania, with h Is last family or principal residence at 2278 PINE ROAD. NEWYILLE (PENN. TQWNSHIPI CUMBERLAND COUNTY PENNSYLVANIA 17241 (list street, number and municipality) Decedent, then 55 years of age, died 3131 /2005 , at 2278 PINE ROAD NEWVILLE PA 17241 Except as follows, decedent did not marry, was not divorced and did not have a child bom or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters testamenterv there0~ (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) 64 SOUTH PITT STREET y CARLISLE PA 17013 P E L N DO OVAN ~_ m y PC ~ b k s o .~ u P. w -, ~ . O '~ A _. '~` b0 rn - -~ ~', OATH OF PERSONAL REPRESENTATIVE ~ ' COlIZMONWEALTH OF PENNSYLVANIA t ~ COUNTY OF CUMBERLAND f ss HAROLD S. IRWIN, III The petitioner(s) above-named sweaz(s) or affirm(s) that 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 represen- tative(s) of the above decedent petitioner(s) will well and tly administer the estate according to law. Sworn to or afI"irmed subscribed v'L before me this day of y last Bill aub ~t$latntttl I, DAVID WILLIAM DONOVAN, of Penn Township, Cumberland County, Pennsylvania, do hereby make, publish and declare this to be my last will and testament, hereby revoking any and all wills heretofore made by me. 1. I direct my personal representative to pay all of my debts, funeral and administrative expenses as soon as convenient after my decease. 2. I authorize and empower my personal representative to sell any realty and/or personalty owned by me at my death and not specifi- cally devised or bequeathed herein, at either public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefor, in fee simple, as I could do if living. My representative is authorized and empowered to continue to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said representative. 3. All the rest, residue and remainder of my property, real and personal, I give, devise and bequeath to my spouse, Paige Lynn Donovan. 4. If said spouse should not survive me for a period of sixty days and if none of my children are under the age of twenty-one years, ") at my death, then my property, I give, devise and bequeath to-~~ children, share and share alike, the child or children of any tleneased child taking the share their parent would have taken if living. 5. If said spouse should not survive me for a period ofs1xty days and if any of my children are under the age of twenty-one years' at my death, then all of my estate, I give, devise and bequeath to be held in trust by the hereinafter named trustee according to the following terms and conditions: The trustee, as well as my representative, is hereby authorized to retain, unconverted, any property, real or personal, that I may own at my death and shall be under no duty to convert the same into legal investments. The trustee shall have the power and authority to sell, transfer, convey, invest and reinvest and to pay over the net income of the trust property, to or for the use and benefit of my children or to accumulate the same in the sole discretion of the trustee. The trustee is also authorized and empowered to pay over to, or for the use and benefit of my children, such portion of or all of the principal of the trust estate as in the trustee's sole discretion seems proper, for the maintenance, education or setting up of a child in business or in a profession or for a similar purpose. My primary object is to insure the support, maintenance and education of my children until they are twenty-one years of age. When the youngest of my children reaches the age of twenty-one years, then whatever remains of income or principal of the trust estate shall be distributed to my children, share and share alike, the child or children of any deceased child taking the share their parent would have taken if living. 6. I nominate and appoint my spouse as personal representative of my estate to serve without bond, and if for any reason my spouse cannot or does not serve, then I appoint Lee Roy Donovan, as substitute representative without the filing of any bond and with the same powers. 7. If the gift in paragraph five takes effect, I direct that Stephen Darr and Deborah Darr shall serve as guardians of any of my - 2 - children who are under the age of eighteen years at my death. 8. The First National Bank, Newville, Pennsylvania, is hereby named as trustee of any trust created herein to serve as such without bond. WITNESS my hand and seal this ~~~ day of September, 1982. W4J~CJ~ DAVID WILLIAM DONOVAN (SEAL) Signed, sealed, published and declared by the above named person, as and for a last will and testament, in our presence, who, at said person's request, in said person's presence, and in the presence of each other have hereunto set our names as subscribing witnesses. ~djcf--H d yJ.keA ~-r~~o..~ ~, - 3 - ," 0" ACKNOWLEDGEMENT AND AFFIDAVIT - --~._----_._-----_. We, DAVID WILLIAM DONOVAN SHARON L. SCHWALM and KATHLEEN M. KENNEY , the testator and witnesses, respectively, whose names are c3igned to the for'er;ving in,;trurnent, being first duly sworn, do hereoy declare to the lmder:3:ir~necl authority that the testator signed and executed ttie instrument as his Last Will and that he had signed willingly, dnd that he executed it as his free and voluntary act for the purpose there5.n expressed, and that each of the witnesses, in the presence and hearin[", of' the testator, signed the Wi.li ;}s a witr;e,,::3 and Peat to the best of their knowledge the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ~ IW~ ~_____ DAVID WILLIAM DONOVAN -~~ L0J1ff~{?k.J----- 4~~tEEN4'KE~--.. COMMONWEALTH OF PENNSYLVANIA: ss COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by DAVID WILLIAM DONOVAN , the testator, and :3uiJscribed and sworn to before me by SHARON L. SCHWALM , and KATHLEEN M. KENNEY f'- , witnesse~, Lhts e Jay of September , 1982. ~rf2 ---~~-_._~--_._----- Ro.e.ER c>-'f; li'J, f\C>",;:;';" (~!:j~:C C!\RiISlE BORO, L\J:vl3Ei\iAND COUNTY MY COMMISSION EXPIRES OCT. 3, 1984