HomeMy WebLinkAbout07-08-05
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Register of Wills of Cumberland County
Estate of ZELLA K. BOWERS
a/so known as
PETITION FOR PROBATE and GRANT OF LETTERS
dJ-{)S-Ofo07
No.
To:
, Deceased.
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
Social Security No. 188-12-3339
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older, and the exec"! RIX named in the last will of the
above decedent, dated MAY 24, 1994 , 20
and codicil(s) dated KFNNFTH F ROWFR~ NAMFn FXFCIITOR DIED JUNE 19 1996 RACK UP EXFCIITOR (.;ARY L
BOWERS AND OTHER SISTER MARY ANN TRAINA HAVE RENOUNCED IN FAVOR OF KAREN J.B.
AMMERMAN, FORMERLY KAREN JEAN BOWERS
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in CUMBERLAND County,
Pennsylvania, with h_last family or principal residence at
CHAPEL POINTE OF CARLISLE, 770 SOUTH HANOVER STREET, CARLISLE, PA 17013 (BORO OF CARLISLE)
(list street, number and municipality)
Decedent, then ~ years of age, died JUNE 23 , 20~, at Carlisle Regional Medical Center
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 ofa killing and was never adjudicated incompetent:
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(lfnot domiciled in Pa.) Personal property in Pennsylvania
(Ifnot domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
$ 1,000.00
$
$
$ 0
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented
herewith and the grant of letters OF ADMINISTRATION C.TA
(testamentary; administration c.t.a.; administration d.h.n.c.t.a.)
nature(s) ofPetitione s)
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Residence( s) of Petitioner( s)
408 BURGNERS ROAD, CARLISLE, PA 17013
.
Register of Wills of Cumberland County
OATH OF PERSONAL REPRESENTATIVE
COUNTY OF CUMBERLAND
COMMONWEALTH OF PENN5YLV ANIA
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55:
The petitioner(s) above-named swear(s) or affinn(s) that the statements in the foregoing petition are true and
correct to the best of the knowledge and belief ofpetitioner(s) and that as personal representative(s) of the above
decedent petitioner(s) will well and truly administer the estate according to law.
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Sworn to or affirmed aod :wl>,o/ibed
Before me this I ~ of
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No.
Estate of ZELLA K. BOWERS
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW JULY 'X.ff. 20~, in consideration of the petition on the reverse side
hereof, satisfactory proof having been presented before me, IT 15 DECREED that the instrument(s), dated
MAY 24,1994 ,described therein be admitted to probate filed of record as the last will of
ZELLA K. BOWERS ; and Letters are hereby granted to
KAREN J.B. AMMERMAN
FEES
Probate. Letters, Etc, ,.......,.... $
Will................................. $
Renunciation...... ... ..l.l.)... .... $
Short Certificates (g,) .to.'I....... $
JCP,..,."..,...................,.." $
Automation Fee................... $
Bond................................. $
Total ~ $ (O~1 00
Filed ~!bf7 20.o.:L .
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Attorney (Sup. Ct. I.D. . .)
35 EAST HIGH STREET, SUIT
CARLISLE, PA 17013
Address
203
717-241-4311
Phone cV
.~aLle~
RENUNCIATION
rJ.f-05- (PO,
In Re Estate of
Zelia K. Bowers
deceased.
To the Register of Wills of
Cumberland
County, Pennsylvania.
The undersigned Executor, Gary L. Bowers, and Mary Ann Traina
of
the above decedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that Letters
of Admi~istration C.T.A.
be issued to Karen J.B. Ammerman
WITNESS
my
hand this 27th day of June
. 19--2Q.Qs
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(Signature) G L B
ary . owers
623 Upper Grassy Hill Road
Woodbury, CT 06798
(Address)
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Mary Ann Traina
33 West Quarry Street
Newton Falls, OH 44444
(Address)
Sworn and subscribed before me,
this 27th day of June, 2005.
1f~X~Po
(Signature)
(Address)
NOTARIAlSEA1.
BONNIE L COYLE. NOTARY PUBUC
BORO OF CARLISLE. CUMBERlAND CO. PA
MY COMMISSION EXPIRES OCTOBER 17. 2006
LAST WILL AND TESTAMENT OF
ZELLA K. BOWERS
;)/~05 -foo7
I, ZelIa K. Bowers, of the Borough of Carlisle, Cumberland
County, Pennsylvania, declare this to be my last will and
Testament and revoke all Wills and Codicils previously made by
me.
ITEM I: I direct that my just debts, funeral expenses, and
the expenses of the administration of my estate, including any
state, federal or other death taxes payable because of my death,
shall be paid from my residuary estate as soon as practicable
after my decease, as a part of the expense of the administration
of my estate.
ITEM II: I bequeath any automobiles which I may own at the
time of my death, together with any insurance thereon, jewelry
and other tangible property of like nature (not including cash or
securities) to my husband, Kenneth E. Bowers, provided he shall
survive me by thirty (30) days.
ITEM III: I devise and bequeath the rest, residue and
remainder of my estate of every nature and wherever situate unto
my husband, Kenneth E. Bowers, provided he shall survive me by
thirty (30) days.
ITEM IV: Should my said husband, Kenneth E. Bowers,
predecease me or die on or before the thirtieth day following my
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death, I devise and bequeath all of my estate of every nature and
wherever situate as follows:
A. Three-quarters thereof into equal shares unto three
children, Gary Lee Bowers, Karen Jean Bowers, and Mary Ann
Traina. Provided, however, that the share of any of my said
children who predeceases me or dies on or before the thirtieth
day following my death shall be distributed to his or her issue,
per stirpes, living on the thirty-first day following my death
and in default of such then living issue, such share shall be
added to the share or shares for my other then living children
and the issue, per stirpes, of my then deceased children.
B. one-quarter thereof in equal shares unto my eight
(8) grandchildren, Jennifer Lynn Lopiano, Amanda Sue Lopiano,
vincent Salvatore Lopiano, Tara Alexis Bowers, Justin Avery
Bowers, Shannon Michelle Stull, Derek Michael Stull and Elizabeth
Kathryn Traina. Provided, however, that the share of any of my
said grandchildren who predeceases me or dies on or before the
thirtieth day following my death shall be distributed to his or
her issue, per stirpes, living on the thirty-first day following
my death and in default of such then living issue, such share
shall be added to the shares for my other then living
grandchildren and the issue, per stirpes, of my then deceased
grandchildren.
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ITEM V: Should any person entitled to a share of my estate
not have attained the age of twenty-five (25) years at the time
of distribution to him or her, I devise and bequeath the share of
such person to my Trustee hereinafter named, IN SEPARATE TRUST,
to hold, manage, invest and reinvest the share so received, and
the accumulation of income thereon, and to use and apply the
income and principal, or so much thereof as, in the sole
discretion of my Trustee, may be necessary or appropriate for
such beneficiary's support, health and medical care, and
education (including undergraduate and graduate college
education), or to make payment for these purpose, without further
obligation or responsibility to see to the proper expenditure
thereof, directly to such beneficiary or to any person taking
care of such beneficiary. Any principal or income not so applied
shall be distributed to such beneficiary absolutely when he or
she attains the age of twenty-five (25) years. If he or she dies
before attaining age twenty-five (25) the share shall be
distributed to his or her personal representative(s), discharged
of trust.
ITEM VI: The following provisions shall apply to the Trusts
created under Items V hereof and to each share thereof:
A. In case the income or any discretionary payments of
principal become payable to a minor, or to a person under legal
disability or to a person not adjudicated incompetent, but who,
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by reason of illness or mental or physical disability, is in the
opinion of my Trustee unable properly to administer such amounts,
then such amounts shall be paid out by my Trustee in such of the
following ways as my Trustee shall deem best:
(1) Directly to such beneficiary;
(2) To the legally appointed guardian or trustee
of such beneficiary;
(3) To some relative or friend for the support,
health and medical care, and education of such beneficiary; or
(4) By my Trustee, using such amounts directly
for such beneficiary's support, health and medical care, and
education.
B. No beneficial interest under the Trusts, whether in
income or principal, shall be subject to anticipation,
assignment, pledge, sale or transfer in any manner, nor shall any
beneficiary have the power to anticipate, encumber or charge such
interest, nor shall such interest, while in the possession of my
Trustee, be liable for or subject to the debts, contracts,
obligations, liabilities or torts of any beneficiary.
c. Any income, accrued or undistributed at the
termination of any estate or interest, shall be paid by my
Trustee as income to the persons entitled to the next successive
interest in the proportions in which they take such interest.
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D. For convenience of administration and investment
and insofar as may practicable, my Trustee is authorized to hold
the several Trusts as a common fund, dividing the income
proportionately among them, to assign undivided interests to the
several Trusts and to make joint investments of the funds
belonging to my Trustee. For such purposes and insofar as may be
practicable, my Trustee may consolidate any separate Trust with
any other trust or trusts created by me or any member of my
family by will or agreement, and may hold, administer and invest
the several trusts as one or more common fund or funds and make
joint or several distributions of income and principal thereof,
whichever my Trustee shall deem advisable.
ITEM VII: All fiduciaries acting under this will, whether
or not named herein, shall have the following powers in addition
to those vested in them by the common law, by statute or by the
other provisions hereof, all of which shall be exercised in a
fiduciary capacity, primarily in the interests of the
beneficiaries, applicable to all property, including property
held for minors, whether principal or income, exercisable without
court approval and effective until actual distribution of all
property:
A. To retain and to hold any securities or other
property, real, personal or mixed, received from my estate
without regard to any principle of diversification or risk.
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B. To invest and reinvest in all forms of property,
including stocks, bonds, funds and other securities, whether
operated by my Trustees, an affiliate or others, without
restriction to investments authorized for Pennsylvania
fiduciaries, as they shall deem proper without regard to any
principle of diversification or risk.
c. To sell at public or private sale, to exchange, or
to lease for any period of time any real or personal property,
and to give options for sales, exchanges or leases for such
prices and upon such terms and conditions as they shall deem
proper.
D. To hold property in the name of any of the Trusts
created hereunder, or in the name of my Trustees without
designation of any fiduciary capacity, or in the name of a
nominee or unregistered.
E. To allocate receipts and expenses to principal or
income, or partly to each, as they from time to time, in their
sole discretion, shall think proper.
F. To vote in person or by proxy all securities, and
to become a party to any stockholders' agreements deemed
advisable by them in connection with such securities.
G. To borrow money from any person or institution,
including my Trustees or an affiliate, upon their bond or
promissory note, and to secure the repayment thereof by
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mortgaging, creating a security interest in, pledging or
otherwise encumbering any or all real or personal property as
they, in their sole discretion, shall choose without regard to
the dispositive provisions of this will.
H. To make any divisions or distributions required
hereunder, wholly or in part, in kind or in cash, and to make
non-prorata distributions of assets in kind.
I. To exercise any election or privilege given by the
Federal tax and other tax laws, including without limiting the
foregoing, the joinder with my said husband in filing income tax
returns, the election of the alternate valuation for Federal
Estate tax purposes, the election to claim items of deduction for
estate tax or for income tax purposes, and to make or not to make
equitable adjustments or apportionments for the exercise or
nonexercise of any such election or privilege.
J. Should the principal of any of the Trusts created
hereunder be or become too small so as to make establishment or
continuance thereof inadvisable, my Trustees, in their sole
discretion, may make immediate distribution of the then remaining
balance of the principal and accumulated income of any
beneficiary's share to the legally appointed trustee of such
beneficiary under Item VI(A) (2) hereof, or may appoint and pay
such share to a custodian for such beneficiary under the Uniform
Gifts to Minors Act of any state, without further obligation or
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responsibility for such distribution so paid. Upon such
termination, the rights of all persons who might otherwise have a
successive interest therein shall cease.
K. To compromise any claim or controversy.
ITEM VIII: I appoint Farmers Trust company of Carlisle,
Pennsylvania, Trustee of the trusts created under Item V hereof.
ITEM IX: I appoint my husband, Kenneth E. Bowers, Executor
of this my last will and Testament. Should my said husband fail
to qualify or cease to act as Executor, I appoint my son, Gary L.
Bowers, Executor of this my last will and Testament.
ITEM X: I direct that my personal representative and
Trustee, as well as their successors, shall not be required to
give bond for the faithful performance of their duties in any
jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal,
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this j '/ day of May, 1994.
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'ZelIa K. Bowers
[SEAL]
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The preceding instrument, consisting of eight (8)
typewritten pages, each identified by the signature of the
Testatrix, was on the date thereof, signed, published and
declared by ZelIa K. Bowers, the Testatrix therein named, as and
for her last will, in the presence of us, who, at her request, in
her presence and in the presence of each other, have subscribed
our names as witnesses hereto.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
We, Zella K. Bowers, John B. Fowler, III and Mary M. Price,
the Testatrix and the witnesses, respectively, whose names are
signed to the foregoing instrument, being first duly sworn, do
hereby declare to the undersigned authority that the Testatrix
signed and executed the instrument as her last will and that she
had signed willingly, and that she executed it as her free and
voluntary act for the purposes therein expressed, and that each
of the witnesses, in the presence and hearing of the Testatrix,
signed the will as witness and that to the best of his/her
knowledge the Testatrix was at that time eighteen years of age or
older, of sound mind and under no constraint or undue influence.
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Testatrix
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witness
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witness
subscribed, sworn to and acknowledged before me by
Zella K. Bowers the Testatrix, and subscribed and sworn to before
me by John B. Fowler, III, and Mary M. Price, witnesses, this
;2<fJ} day of May, 1994.
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MY COMMI3S,'11:\! ,';,nH"..-:. .,"1('-'-",," -'11/ .on~
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( Nota Public