HomeMy WebLinkAbout08-03-05
PETITION FOR PROBATE and GRANT OF LETTERS
2..1- 05-01.090
Estate of Howard M. Oppel
a/so known as
No.
To:
Register of Wills for the
Deceased. County of Cumber land in the
Social Security No. 208 - 22 - 2 4 0 8 Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitionerClt), who is/1K!I!:18 years of age or older an the execut or
in the last will of the above decedent, dated April 2 ,
XIXk~)cxildJdc
named
)ql9x 2002
,-
(state releva~t circumstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled at death in Cumberland
his last fall1ily orJlrincipal residence at 145 S. Enola
~nola, East pennsboro Townshlp
(list street. number and muncipality)
~ounty, Pennsylvania, with
Drlve,
Decendent, then 90 years of age, died Ma y 7 ,Xll9 2005,
~ Messiah Village, Upper Allen Township, Cumberland County, ~A
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: none
Decendent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(If not domiciled'in Pal Personal property in Pennsylvania
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
$
$
$
$
300,000.00
WHEREFORE, petitionerClt) respectfully request(sl the probate of the last will Jfll(lI:Jt1iBKtil(ij
presented herewith and the grant of letters tes tamentary
(testamentary; administration c.La.; administration d.b.D.c.t.a.)
theron.
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA 1- ss
COUNTY OF CUMBERLAND J
The petitioner(x) above-named swear(s) or affirm(s) that the statements in the foregoing petition are
true and correct to the b~st of the knowledge and belief of petitioner~ and that as personal represen-
tative(~ of the above decede!!t petitionerOO will well and truly administer the estate according to law.
Sworn to or affirmed3"nd subscribed { i~k n1 dP ~
~~ ~ y;.. 'll:5" Fredenck M. o,pel 1
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1l10'i.Sfl'i REV I/W,
This is to certify that fhe information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent fihng.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate. $6.00
P 11558910
No.
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
NAME OF OEctOENT IF,""_ Mo<l<lIoI. LQslI
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". REGlliT~E
Ghm.. I~/...!/I' I
No.
21- 05 - O(PgO
m. OPPEL
. Deceased
Estate of
~1tJA1ZD
DECREE OF PROBATE AND GRANT OF LETTERS
~ ~(J()?
AND NOW A lA.G US T .:k. , ~_, 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 -tll::j D 1-
described therein be admitted to probate and filed of record as the last will of
t+owkRD rY\.. Or PEL
and Letters TE::') 'A MENfll1Z'1
areherebygrantedtoSR~ICK... fYI. OPPEl-
FEES
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. :re.P of...---ftF $ ~ 5. lJ1)
Filed ...1::~.~6~~~~.=.~~
ATIO Y (Sup. Ct. I.D. No.)
3631 North Front Street
Harrisburg, PA 17110-1533
ADDRESS
(717) 236-9577
PHONE
':_,-,
LAST WILL AND TESTAMENT
"'
OF
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HOWARD M. OPPEL
I, HOWARD M. OPPEL, now of East Pennsboro Township, Cumberland County,
Pennsylvania, do hereby declare this to be my Last Will and Testament and hereby revoke all
prior Wills and Codicils made by me.
ITEM I. I direct that all of my just debts and funeral expenses, including the cost
of my gravemarker, if any, shall be paid from my residuary estate as soon as practical after my
decease as a part of the administrative expenses of my estate.
ITEM II. I give and devise all of my estate of every nature and wherever situate
to my wife, HILDA M. OPPEL, provided she survives me by thirty (30) days.
ITEM ill. Should my wife, HILDA M. OPPEL, predecease me or die on or
before the thirtieth (30th) day following my death, I then give and devise all of my estate of
every nature and wherever situate in equal shares, share and share alike, to my children,
FREDERICK M. OPPEL and CAROL ANN SEBASTIAN, or their issue, per stirpes. Should
either of my children predecease me without issue surviving, I give such deceased child's share
to my other child, or their issue, per stirpes.
ITEM IV. If any income or principal shall be payable to any person who shall be
under the age of twenty-one (21) or who shall be incapacitated for any reason, my personal
representative, as trustee, shall hold such income and principal for such beneficiary until the age
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of twenty-one (21) or during incapacity and shall be entitled to apply such income and principal
to the health, maintenance, support and education of such person without the appointment of any
guardian or committee or any authority of court, and shall be entitled to make direct application
hereunder or to make application by payment thereof to the parent or other person in charge of
such person, or to his or her guardian or to a custodian under the Uniform Transfers to Minors
Act, or to the person. Any remaining income and principal to which such person shall be
entitled shall be paid and distributed to such person upon attaining age twenty-one (21) or
termination of incapacity.
ITEM V. I appoint my son, FREDERICK M. OPPEL, Executor of this my Last
Will and Testament. Should he fail to qualify or cease to act in such capacity, I then appoint my
daughter, CAROL ANN SEBASTIAN, Contingent Executrix of this my Last Will and
Testament. No bond shall be required by my personal representative in any jurisdiction.
ITEM VI. In addition to the powers given by law to my personal representa-
tive(s) and trustee(s) [hereinafter fiduciaries] in the administration of my estate and of any
trust(s) created herein, they shall have the following discretionary powers applicable to all real
and personal property held by them, including property held for minors, effective without court
order until actual distribution.
A. To retain any property owned by me at my death and to invest any funds held
by them in any stocks, bonds, notes or other securities or property, real or personal, including
common trust funds, mutual funds and money market deposit accounts operated or offered by
my corporate trustee, if any, or any affiliate of it.
I/hr/tt'.d4;rl -?J~
Howard M. Oppel
2
B. To sell or otherwise dispose of any property, real or personal, at any time
forming a part of my estate or the trust estate, for cash or upon credit, in such manner and on
such terms as they see fit, and no one dealing with the fiduciaries shall be bound to see to the
application of any monies paid.
c. To manage, operate, repair, improve, mortgage or lease for any term [even if
beyond the duration of the trust(s)] any real estate at anytime held or owned by them as
fiduciaries.
D. To hold investments in the name of a nominee and exercise and dispose of
warrants.
E. To engage in litigation and compromise, arbitrate or abandon claims and
property.
F. To conduct any business in which I am engaged or in which I have an interest
at the time of my death for such period as the fiduciaries deem advisable, with the power to
borrow money and to pledge the assets of the business and to do all other acts which I, in my
lifetime, could have done, or to delegate such powers to a partner, manager or employee without
liability for any loss occurring therein.
G. To allocate items of receipt or disbursement between principal and income as
the fiduciaries deem equitable regardless of the character given such items by law; to distribute
in cash or kind or partly in each at valuations fixed by the fiduciaries.
H. To borrow money, including the right to borrow from any corporate trustee, if
any, and to mortgage or pledge as security or to hold its own stock if a corporate trustee.
1I~'-<i'/ <r- ~'f?
Howard M. Oppel
3
1. To join in any merger, reorganization, voting trust plan or other concerted
action of security holders, and to delegate discretionary duties with respect thereto.
J. Should the principal of any trust herein provided for be or become too small in
trustee's opinion so as to make establishment or continuance of the trust inadvisable, my
trustee(s) may make immediate distribution of the then remaining principal and any accumulated
or undistributed income outright to the person or persons and in the proportion they are then
entitled to income. Upon such termination, the rights of all beneficiary(ies) who might otherwise
have an interest as succeeding income beneficiary(ies) or in remainder shall cease.
K. In general, to exercise all powers in the management of the assets of my estate
or the trust estate which any individual could exercise in the management of similar property
owned in his own right, upon such terms and conditions as the fiduciaries may deem best, and to
execute and deliver all instruments and to do all acts which the fiduciaries may deem necessary
or proper to carry out the purposes of this will or any trust(s) created herein.
1. To apply income or principal to which any beneficiary is entitled, directly for
his or her comfort, maintenance and support, should the fiduciaries deem such beneficiary
incapable of receiving the same by reason of age, illness, infirmity or incapacity, or to pay the
same to such person or persons as the fiduciaries select to disburse it, whose receipt shall be a
complete acquittance therefore without the intervention of any guardian.
M. To assume continuance of the status of any beneficiary with reference to
death, marriage, divorce, illness, incapacity or other change in the absence of information
deemed reliable without liability for disbursements made on such assumptions.
~Wa;d~~~ Ot:6t.tR
4
N. All principal and income shall, until actual distribution to any beneficiary, be
free of the debts, contracts, alienations and anticipations of any beneficiary, and the same may
not be liable for any levy, attachment, execution or sequestration while in the hands of any
fiduciaries. Provided, however, any beneficiary may assign any part or all of the beneficiary's
interest in my estate or the trust(s) to anyone or more of the beneficiaries or my descendants.
IN WTINESS WHEREOF, I have hereunto set my hand and seal this 2nd day of
April, 2002.
~;fl;r/~~j~~
F Howar M. Oppel
The preceding instrument, consisting of this and four other pages, identified by the signature of
the testator, was on the day and date thereof signed, published and declared by Howard M.
Oppel, 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, subscribed our names as witnesses
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA:
:8S.
COUNTY OF DAUPHIN
I, HOWARD M. OPPEL, 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, that I signed it willingly, and that I signed it
as my free and voluntary act for the purposes therein expressed.
~~/^'4/~~
I oward M. Oppel
Sworn or affirmed to and acknowledged before me, by Howard M. Oppel, testator,
this 2nd day of April, 2002.
~~Kd
Notary Public
NOTAR!Al SEAL
My Commission Expir s: HOLLY S. KIRK, NolalY Public
Harrisburg, Dauphin County
AFFIDAVIT My COlTlmh!lon Expires Feb. 15.2003
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF DAUPHIN
On d --!)a r1d ( t1. 1. !3f1Y1C(ui
the witnesses whose names are signed to the attac d or foregoing instrument, being duly
qualified according to law, do depose and say that we were present and saw testator sign and
execute the instrument as 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 ofus in the hearing and sight of
the testator signed the Will as witnesses; and that to the best of our owledge. e testator was at
that time 18 or more years of age, of sound mind and under no co aint uence.
We,
ichar{(
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Sworn to and subscribed before me this 2nd day of April, 2002.
~~.Kd
Notary
--~
NOTARIAL SEAL
HOLLY S KIRK. N'oiary PubliC
My Commission Expire Hanisburg, Dauphin County
My Commlr.s1on Explre~ Feb 15, 2003