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Home My WebLink About06-01-05 Estate of James R. Benner also known as PETITION FOR PROBATE and GRANT OF LETTERS ~'-~S-'-\'i!:,,, No. To: Register of Wills for the James R Benner' , Deceased. County of Cumberland in the Social Security No. 217-26-8263 Corrunonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Yourpetitioner(s), who is/are 18 years of age or older and the executrix named in the last will of the above decedent, dated 11/5/2004 and codicil( s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland County, Pennsylvania, with h is last family or principal residence at 47 LeAnn Court. E. Pennsboro Townshio (list street, number and municipality) Decedent, then 82 years of age, died 4/25/2005 at Harrisbura Hosoital 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 (Ifnot domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: $ $ $ $ 20.00 WHEREFORE, petitioner( s) respectfully request( s) the probate of the last will and codicil( s) presented herewith and the grant of letters testamentarv thereon. (testamentary; administration c.t.a.; administration d.b.D.c.l.a.) 'j.. ~4A-' b:14 Ann M. Benner f)PAlMtJ/t/ 47 LeAnn Court Enola PA)17025 ';:~SS . ~1~; ,-. ';:,~ ~ o Q C o :!! ~~ o ~ ",'r:' o 'Oc ;j.g 3'~ M~ ~ c '" on ~':C: ,~ ii ~,.'.- -.'" MJ : ~:I 1') 6\ OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA } ss COUNTY OF Cumberland The petitioner(~) above-named swear(s) or affrrrn(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 aY administer the estate according to law. Sworn to or affmned and subscribed {1-, .u.. M.J IV) , ()J'.AA AAP .h/ ~ before me !his \ ..... day of i5 ;;- -:s.~"'1{ . ~~~ ,":) ~ ~~'i\. \~ ~~~1.~, ~ ~-7) V ~ Register ",., -.... ,,~. Y.'" .... ~ No. '). " - ~ 5 - '-\ %" Estate of James R. Benner , Deceased DECREE OF PROBATE AND GRANT OF LETTERS ANDNOW --S"^"'~, J J...~'" <; ,inconsiderationofthepetitionon the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated 11/5/2004 described therein be admitted to probate and filed of record as the last will of James R. Benner and Letters T estamentarv are hereby granted to Ann M. Benner FEES Probate, Letters, Etc.. . . . . . . . $ Short Certificates (2 )...... $ Renunciation. . . . . . . . . . . . $ JCP:Will $ TOTAL _ $ 20.00 8.00 "'~ \"""~ ~~4 Register ofWi11s ' ~ <...~ .$~. ')"..." '$.~~..,;, Jacqueline A. Kelly , 91 7 30.00 58,00 845 Sir Thomas Court, Suite 12 Harrisbura PA 17109 ADDRESS 717-541-5550 Filed. . . . . . . . PHONE Mcu \ 1>0 cs - --n, A1brn~ N 0', HI05 Be5 ~EVU05. . . " . . ~,,- ~S _ "-\ ~ ~ ThIs IS to certify that the Informatton here given IS correctly copied from an onginal certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: " is illegal to duplicate this copy by photostat or photograph. Fee for this certificate. $6.00 p 1161A43:l No. H105143R"'2181 l~!:,"~/} f !Z/, /6 S- Date '".") COMMONWEALTli OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH "'''1'I:N.I..- ., .-...-, ~ ..-.om "-'OK'" sex Male . 82 8IRTHPL.ACE~ancl SleItOlFlnlgnco....y) Columbus. Ohio '" .. COUNTYQf OEATH Dauphin ... 0ECE0ENrS USlW. ClCO..PATIOH Mec1ia'rfJa~ng;eer n. , 47 LeAnn Court ILEnols, PA 17025 FATHElrSNAAlE(Fnt.WldiIe.LMl> .. '" - . ... IQ OFllUS1frESSflfO.JSTRY Fed. Gov'! DECEDENT ..... ~ u.s. AlJ!ED fORCES? v"jaJ ~D 11. n. 17LSl.- OECEOEHT'$I!Cll.JCAnoH ... n. - 10lCEllEHTS """" """"""" ,...- CIll"- __j 17a.c..... .... Ralph Benner Ann M. Benner n. o ~ ~ ~ T .... 0 c..-.lX).--.... 0 OlhIr(SpdyI o r 26, 2005 """"'........ .... T.......d..,~.dMII'l~""..~....IfIdp'-_ ($ienIIIn_TlIIeI nN"" ... . JJ'.I'AAT~ _..._.-..__......_..._.llIo__..._.. Uot..._____ .-"-'" --.-..-- . M~ E ~IIt-.dlliorll ~q.lHdinOlO~ . _.EnwUHOEItLYING CAl,/SE(Di_lll'irtl'Y -_iliIi8Ied_ ~ondMll'lllAST WAS Nt AUTopsy VlERE AUTOPSY FItDNGS PERFORMED? AVAA.A8l..f; PRIOR TO COMPlETIOH ~ CAUSE "''''^"'' . ~OFOEATH - !if' ...... 0 o Oo\TE OF IN..lURY ~Doy.YOlfl N (J\ ~~TY~ _0 -0 "" - ..... - '= 0 -0 ::.wID WAS OECEOEHTOIF 0ftlGIfn .M>WocIn 1rdwI..-. _. et N1Jri! v.n_....._.. '- _. ~N1ft White .. t.wtITAt..TATW_........ SUfM't/lNGsPOUSE ,...,.........~ (11_....__ ClMIrwd~rrid Ann M. Eshelman ,.. tl. 17c. DiJ'v............... . Pennsboro Twp. .c....'"" ... "'- Harrisbu . PA 17110 053 (~Owt.Y-1 n.. >CORON<'" "0 01.- .....~~todNlh.tM.t "--'In"~_glvMinPARTI TIWEC)F1NJl.JRY IN.IUR'I"ATw:)RIt? OESCA!IlE'tCNIHJORYOCC\)RREO - P.,.qkMllligllliDn Could not be.........., o o VetO HoC] ... .. Y. :Me. o PlACEOFINJURY-NIlome.farin..WML-,..'*'- --- ... v-D NIl "0 '"0 -- " z ~ . u ~ ~ . . < z ... T'" ceRnFIER~~WWJ l~'=A~~:::::~~~~.~~.~.~.~~ .~.Y-1 0, "'^'" LAST WILL AND TESTAMENT OF JAMES R. BENNER .c= '.-1 o. I, JAMES R. BENNER, a married person residing in the County of Cumberllmd, State IGf (.,:1 Pennsylvania, do make, publish and declare this instrument to be my Last Will and Testament, hereby revoking and canceling all former Wills and Codicils by me at any time heretofore made. ARTICLE ONE. I direct that all my lawful debts, allowed as claims against my estate, including the expenses of my last illness and funeral, shall be paid out of my estate by my Personal Representative hereinafter named. ARTICLE TWO. I hereby bequeath all the remaining property of every kind and description, (including lapsed legacies and devises), wherever located and whether acquired before of after the execution of this Will, to the Trustee under the JAMES R. BENNER AND ANN M, BENNER LIVING TRUST AGREEMENT executed prior to the execution of this Will. My Trustee shall add the property bequeathed by this Article to the principal of the above Trust and shall administer and distribute said property in accordance with the provisions of the Trust Agreement, including any amendments made before my death, ARTICLE THREE. I hereby nominate, constitute and appoint my wife, ANN M. BENNER, of Cumberland County, Pennsylvania, as Personal Representative ofthis my Last Will and Testament. In the event ANN M. BENNER cannot act or is unable, then I appoint ALLEN P. SUTTON and NANCY N. McCREA as successor Co-Personal Representatives. In the event of the renunciation, death, or inability to act, for any reason whatsoever of ALLEN P. SUTTON, then I nominate, constitute and appoint JEFFREY T. SUTTON as a replacement Successor Co-Personal Representative. In the event of the renunciation, death, or inability to act, for any reason whatsoever of NANCY N. McCREA, then I nominate, constitute and appoint SUZANNE C. GRASHOF as a replacement Successor Co-Personal Representative. I further direct that any entity named as Personal Representative herein shall not be required to give any bond in any jurisdiction, and that if, notwithstanding this direction, any bond is required by any law, statute or rule of Court, no sureties shall be required thereon. My personal Representative is authorized to administer my estate under independent administration without adjudication, order, or direction of the court. ARTICLE FOUR. Section 1. Definition of Death Taxes. The term "death taxes" as used in my Will, shall mean all inheritance, estate, succession and other similar taxes that are payable by any person on account of that person's interest in the estate of the decedent or by reason of the decedent's death, including penalties and interest, but excluding the following: a. Any addition to the federal estate tax for any "excess retirement accumulation" under Internal Revenue Code Section 4980A. b. Any additional tax that may be assessed under Internal Revenue Code Section 2032A. c. Any federal or state tax imposed on a generation-skipping transfer, as that term is defined in the federal tax laws, unless the applicable tax statutes provide that the generation- skipping transfer tax is payable directly out of the assets of my gross estate. -2- - Section 2. Payment of Death Taxes. Pursuant to the terms of my Revocable Living Trust, all death taxes, whether or not attributable to property inventoried in my probate estate, shall be paid by the Trustee from that Trust. However, if that Trust does not exist at the time of my death, or if the assets of that Trust are insufficient to pay the death taxes in full, I direct my personal representative to pay any death taxes that cannot be paid by the Trustee from the assets of my probate estate by prorating and apportioning those taxes among the beneficiaries of this Will. Notwithstanding any other provision in my Trust, all death taxes incurred by reason of assets transferred outside of my trust or probate estate shall be assessed against those persons receiving such property. ARTICLE FIVE. Section I. No Contest Clause. If any person or entity other than me singularly or in conjunction with any other person or entity directly or indirectly contests in any court the validity of this Will, including any codicils thereto, then the right ofthat person or entity to take any interest in my estate shall cease, and that person or entity shall be deemed to have predeceased me. Section 2. Captions. The captions of Articles, Sections and Paragraphs used in this Will are for convenience of reference only and shall have no significance in the construction or interpretation of this Will. Section 3. Severability. Should any of the provisions of my Will be for any reason declared invalid, such invalidity shall not affect any of the other provisions of this Will, and all invalid provisions shall be wholly disregarded in interpreting this Will. -3- Section 4. Governinl!: Law. This Will shall be construed, regulated and governed by and in accordance with the laws ofthe State of Pennsylvania. I, JAMES R. BENNER, the Testator, sign my name to this instrument this ~ day of ^JoWvn hk, 2004, and being first duly sworn, do hereby declare to the undersigned authority that I sign this instrument as my Last Will and Testament and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. arlj.R.o i? I] M~ ES R. BENNER In our presence JAMES R. BENNER signed this and declared it to be his will, and now at his request, in his presence, and in the presence of each other, we sign as witnesses: Witnesses: t""'C/i (J[k,~ ~~ 845 Sir Thomas Court. Suite 12, Hbg., P A 17109 845 Sir Thomas Court. Suite 12, Hbg., P A 17109 -4- JAMES R. BENNER, who signed the foregoing instrument, having been duly qualified according to law, acknowledge that I signed and executed this instrument as my Will, and that I signed it willingly as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by JAMES R.IJE~R, the Testator, On 11- ,2004. ~ Q. 76J~- ot Public CM1ti4;? B~ ES R. BENNER OF MIAl JM:QUBJIlE A. mu: lilliMIl' PU8UC UIWER NXIOIl TWP., IIAUPIIIfl COUIllY IYCOMMISSIOII EXPIRES DEC.17 2007 We, the undersigned witnesses who signed the foregoing instrument, being duly qualified according to law, depose and say that we were present and saw JAMES R. BENNER sign and execute this instrument as his Will; that he signed and executed it willingly as his free and voluntary act for the purposes therein expressed; that each of us in his sight and hearing signed the Will as witnesses, and that to the best of our knowledge, that he was at that time eighteen (18) years or more of age, of sound mind, and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me bY~W~~~ and ~.l 1 _ I , witnesses, on - , 2004. ~tJf< Y'- {/ E kv. ~0-4 Itness ~ h.aA~ Witness ~t~ fJ.,fMu otary ubhc--O COMlIONlIEAllll OF PENNSllYAIlIA NOTARIAl SEAl MCCIUnINE A.1lEU.'( NOrAllf P\J8UC lOWER PAXTOlllWP..1lAUPHIN CllUNlf IY COMMISSION EllPIIlfS DEe. 17 2007 -5-