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HomeMy WebLinkAbout10-12-05 PETITION FOR PROBATE and GRANT OF LETTERS Estate of Catherine T. Flowers a/so known as No. e2/-OS. cqoo To: Deceased. Social Security No. 208-38-6830 Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the execut or .in the last will of the above decedent, dated December 2 and codicil(s) dated __ na ed (state relevant circnmstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in Cumberland her last family or principal residence at 8 Country Club East Pennsboro Township County, Pennsylvania, wlth Place West. ~ (list street, number and muncipality) 94 years of age, died September 28 200 at Holy S irit Hos ital Cam Hill East Pennsboro Town hi Except as follows, decedent did not marry, was not divorced and did not have a child born or adop ed after execution of the will offered for probate; was not the victim of a killing and was never adjudica ed incompetent: Decendent 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: 212 Vine Street, Borou h of Williamstown Dau and 226 Spruce Street, Borou h of Williamstown, Dau hin Count 'i1' L.OUf1/rfl Y <:LI.Jf3 Ll1cE u,c<>/) c.fI P I JL l f1.0IiU)t./6' I WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codici (s) presented herewith and the grant of letters testamentary (testamentary; administration c.I.a.; administration d.b.n.c.t a.) theron. ~ <I) u c: <I) ~3 <I) '-< 0:::<1) c: -00 C';:: (lj'~ 3ct: <I) '- 50 'iii c: Ol) Ui ,.)( Terrence 27 North Front Harrisburg, PA ,-.~) 1 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA I ss COUNTY OF J The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition e true and correct to the best of the knowledge and belief of petitioner(s) and that as personal repres n- tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to I w. { ~ '>> n~J 'J.cv---- ' Sworn to or affirm~and subscribed bef~ me thislC) day of L ~'- '-- ~(c,s It9 '- ~ll~ttA- '-,IU~,<'tDa~i.-""', . \ ~. k " '. lJ...5t ~ t..~L~S eglster V'.l OQ' :::! l::l ..... ;:: ~ ~ .' ~- -.'::J } -"-1 c') .._i"-/ .,;'j ,~,'5 i J-7 No.,-J 1- 05- oq OD Estate of Catherine T. Flowers , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW [) ~ \:0~',- J adO 0 S ..H_, 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 I d. - d. - ~C:C~ described thereAt be admitted to probate and filed of record as the last will of ~ 'C\..'tn~ J T 'j:: te,l 0-Q it ~ and Letters IG~,,~. ~ . are hereby granted to ~ "...)(' OA...l ~ FEES Register of Wills ' ~~vO-tf}:/A~~ Terrence J.G/erwin, Esq. 29922 ATTORNEY (Sup. Ct. J.D. No.) '~J u \.&Ll r 3iQ oC Probate, Letters, Etc. ......... $ . ' ) Short Certificates( ).......... $ C) ~ ( cD ~~~ $ IS cJ.:) --~---l'~UrV'(~-~fi5'-{Rx $i~.~ TOTAL _ t ~g,{)O Filed ... ~ 0 . ~ !,.:? . ". dQQ5 . . . . . . . . . . . . . 27 North Front Street, Harrisburg, PA 17101 ADDRESS (717) 238-4765 PHONE T hi -. is to certify that the information here given is correctly copied from an original certificate of dcath duly filcd with me as Lm.t1 Registrar. The original certificate will be forwarded to the State Vital Rccords Office for permanent fili 19. No. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 11969911 ~.J.'- ') ~-'.~ "i ::) '"I"I , -:J c -) , "Tl r.J r .J .IC$...._. _ COMMONWEAL"" 01' PIlIDlIVLVANIA' DIPARTMIHTOF HI!ALTH . VITAL RlCORDS CERTIFICATE OF DEAtH ....- . ,- --- ;{! -OI'_""_UolI ,. Catherine If. AGl:llMI~ ..94 COlINIY OF DUlIt ao,. v..J ::"'0 - .... i I llIIIOI' _ _AT_ __ YMCJNIlC I ~ 1 Register of Wills of Cumberland County OA TH OF SUBSCRIBING WITNESS Estate of ~ av--f{, ~r "111 e- -r: F 10 \...Ue..c S NO.r:2/-Q5 - OqOO Also known as , Deceased Ie ("'.c. ,...\.cc.- ::::r. \(-\?..( u.) l\",",", ~ ll'( M. K~( vV I' YI (each) a subscribing witness to the will/codicil presented herewith, (each) being duly qualified accor ing to law, depose(s) and say(s) thatt~t1 Wtr(,.. present and saw Cc~e..~V\e.- -r: F \ 0 \N'e.-S , the testat~, sign the same and that -K~ signed as a witness at the request of the testatdtin he r presence and (in the presence of each other) (in the presence of the other subscribing witness(es). Sworn to or affirmed and subscribed Brfore me this I d,-+\.......- day of C~ --\o'o-vL , 20 OS ~I}~ . (Name) ;;"7 tv. ~f.A;; ~' OJFI L7 0) (Address) , J. . L H \:s rAL~Cl.uuvI u1t,,~ ~ \~:t~ ~, O!wl+ D puty 1/':fif Ph, ~ (Name) /Vl~~ZJ ?/t- (Address) l e, ! 1 J ::' I 60 : 't..c ~ i U V t LAST WILL AND TESTAMENT OF CATHERINE T. FLOWERS I, CATHERINE T. FLOWERS, currently of 8 Country Club Place West, , "..- -~\ \ Township of East Pennsboro, County of Cumberland and Commonwealth of Penp.sylvania, ! i being of sound mind, memory and understanding, do make and publish this, my I Last Will ! and Testament, hereby revoking and making void all former Wills by me a~ any time heretofore made. FIRST: I direct my hereinafter named Executor to pay all nty legally ! enforceable debts, funeral expenses, administration expenses, and inheritanje, estate, succession or excise taxes, which I owe or may become due on account of my death, as soon as may be convenient after my decease. I direct that all inheritance taxes be paid out i of the residue of my estate and no distinction is to be made if a residuary bene1ciary is a charity or an individual. The tax burden is to be shared equally. I direct that t~ere shall be no public sale of any property I own at the time of my death. SECOND: I give and bequeath the sum of Ten Thousand Dollars ($lb,ooo.oO) to my sister-in-law, MILDRED GROUPE, if she survives me. THIRD: I give and bequeath the sum of One Thousand Dollars ($1,000.00) to my cousin, NORMA MATTER. FOURTH: I give and bequeath the sum of Five Hundred Dollars ($SrO.OO) to GREGORY M. KERWIN TERRENCE J. KERWIN JOSEPH D. KERWIN HOLLY MCCLURE KERWIN ATTORNEYS AT LAW KEN FLOWERS. Page 1 of 8 Pages aL1U~4S:~~AL) CATHERINE T. FLOWERS GREGORY M. KERWIN TERRENCE J. KERWIN JOSEPH D. KERWIN HOLLY MCCLURE KERWIN ATTORNEYS AT LAW FIFTH: I give and bequeath the sum of Five Hundred Dollars ($~OO.OO) to I I I I I I I give and bequeath the sum of Five Hundred Dollars f$500.00) I LORNA FLOWERS THOMPSON. SIXTH: to BENJAMIN RHINE. SEVENTH: I give and bequeath the sum of One Thousand Dollars (,,000.00) to LA VERNE CULTON. EIGHTH: I give and bequeath the sum of One Thousand Dollars ($V,OOO.OO) to my friend, MARY STOVER. NINTH: to IVA CULTON. I give and bequeath the sum of One Thousand Dollars ($~,OOO.OO) I I TENTH: I give and bequeath the sum of Five Hundred Dollars ($100000) to GLORIA WALLACE. I ELEVENTH: I give and bequeath the sum of Five Hundred Dollars f$500.00) to WILLIAM WALLACE. TWELFTH: I give and bequeath the sum of One Thousand Dollars ($1,000.00) I to MATTHEW ELLIS. In the event MATTHEW ELLIS is under the age of eighteen (18) years at the time of my death, I direct that this bequest be paid to hil mother, PAULINE ELLIS, for the benefit of MATTHEW ELLIS to provide some felP with education expenses. Page 2 of 8 Pages ~..~ ,. ~ ~Q:~kq&~~AL) CATHERINE T. FLOWERS I I give and devise the unimproved lot of ground that lawn I located on Spruce Street, Williamstown, Pennsylvania, to TERRY CULtON and ! THIRTEENTH: CHARLES CULTON, equally. FOURTEENTH: I give, devise and bequeath all the rest, residue and remainder of my estate, be it real, personal and mixed, whatsoever and wheresoever the Same may be situate at the time my death, in equal shares, as follows: A. One-Twelfth (1/12) of the residue of my estate shall pass to IIny niece, I JANICE CULTON, if she survives me. In the event that rpy niece, JANICE CULTON, predeceases me or fails to survive me, I direft that her One-Twelfth (1/12) share of the residue of my estate shalllapsel and shall pass into the residue of my estate. I I I B. One-Twelfth (1/12) of the residue of my estate shall pass to rpy niece, VICKI CULTON, if she survives me. In the event that my niece, VICKI c. CULTON, predeceases me or fails to survive me, I direct that Iher One- Twelfth (1/12) share of the residue of my estate shall lapse and ~hall pass I I into the residue of my estate. I One-Twelfth (1/12) of the residue of my estate shall pass to ~y niece, ! I ELAINE CULTON BRAUCHER, if she survives me. In the Jvent that my niece, ELAINE CULTON BRAUCHER, predeceases me ~r fails to survive me, I direct that her One-Twelfth (1/12) share of the residue of my estate shall lapse and shall pass into the residue of my estate. GREGORY M. KERWIN TERRENCE J. KERWIN JOSEPH D. KERWIN HOLLY MCCLURE KERWIN ATTORNEYS AT LAW D. One-Twelfth (1/12) of the residue of my estate shall pass to my nephew, TERRY CULTON, if he survives me. In the event that my jnePhew, I TERRY CULTON, predeceases me or fails to survive me, I dire1t that his One-Twelfth (12) share of the residue of my estate shall pass to ~iS wife, Page 3 of 8 Pages ~~5~ I L/ , .,.-, ...p.h J '--'SEAL) THERINE T. FLOWERS GREGORY M. KERWIN TERRENCE J. KERWIN JOSEPH D. KERWIN HOLLY McCLURE KERWIN ATTORNEYS AT LAW CAROL CULTON, and in the event CAROL CULTON also p edeceases me, then I direct that this share of my estate shall pass in equa shares to their children, COLLEEN C. CULTON, In Trust, as pro vi ed for in paragraph FOURTH, Subparagraph G of this, my Last Will and estament, and EDWARD CULTON and PAULINE ELLIS. E. One-Twelfth (1/12) of the residue of my estate shall pass to my nephew, CHARLES CULTON, if he survives me. In the event that m~ nephew, CHARLES CULTON, predeceases me or fails to survive me, I irect that his One-Twelfth (1/12) share of the residue of my estate shall lapse and shall pass into the residue of my estate. F. One-Twelfth (1/12) of the residue of my estate shall pass to my g PAULINE ELLIS, if she survives me. In the event that my gr at-niece, PAULINE ELLIS, predeceases me or fails to survive me, I dire t that her One-Twelfth (1/12) share of the residue of my estate shall pass to MATTHEW ELLIS. G. One-Twelfth (1/12) of the residue of my estate shall pass into a Special Needs Trust for the benefit of my great-niece, COLLEEN C. C TON. I nominate, constitute and appoint JANICE CULTON as Truste , for the Trust established herein for the benefit of COLLEEN C. C TON. During COLLEEN C. CULTON'S lifetime, Trustee shall I pay and distribute income to or for the benefit of COLLEEN C. C~TON, provided, however, that any income distributed to or for the benefit of I COLLEEN C. CULTON shall be for needs not otherwise provided for by government financial assistance and benefits or by the provider. of such services. Such needs of COLLEEN C. CULTON, shall inc1ud , by way of description and not by way of limitation, travel, entertainmen , I I I Page 4 of 8 Pages 8 .JJa~..:-'J'':. ~AL) CATHERINE T. FLOWERS televisions, radios, gifts for family members, spending money I mOVIes, I ! additional food and clothing, health services not provided, and 1tereo and computer equipment. Trustee is under no obligation to distribute income i to or for the benefit of COLLEEN C. CULTON for such needs, land in no case shall Trustee payor reimburse any amount to federal or state government or to any government agency or subdivision. In m'ilking any i income distributions to COLLEEN C. CULTON, Trustee shall take into consideration the amount to which COLLEEN C. CULTON shall be , ! entitled from any government agency, including, but not limited lO, social ! i i security administration benefits, medicaid and supplemental security income benefits. If possible, Trustee shall make distributions directly to 1e service provider and not to COLLEEN C. CULTON. I further direct tfat in the I event COLLEEN C. CULTON, predeceases me or dies d~ring the existence of this Trust, then this bequest, or the balance in the Tnlst, as the case may be, shall be divided amongst all, and only, the residuary i beneficiaries listed in this, my Last Will and Testament, excludinglthe three charitable beneficiaries set forth in Paragraph FOURTEENTH (~) of this, my Last Will and Testament, who are living at the time of COL4EEN C. CULTON's death, or my death, whichever occurs later. In the evtnt of the death of JANICE CULTON during the term of the Trust, or in the event ! JANICE CULTON is unable or unwilling to act as Trustee, I dtrect that DEBRA SENTER be substituted as Trustee to take the plade of the deceased Trustee. In the event of a vacancy in the position of Trustee due to death or if the individuals named above are unable or unwilling Ito act as Trustee, then I nominate, constitute and appoint TERRE~CE J. KERWIN, ESQUIRE, as Trustee. GREGORY M. KERWIN TERRENCE J. KERWIN JOSEPH D. KERWIN HOLLY MCCLURE KERWIN ATTORNEYS AT LAW Page 5 of 8 Pages @-m~&:~-Lf<JpiF.A.E) CATHERINE T. FLOWERS H. One-Twelfth (1/12) of the residue of my estate shall pass to my g1eat-niece, DEBRA SENTER, if she survives me. In the event that my gr at-niece, DEBRA SENTER, predeceases me or fails to survive me, I dire t that her One-Twelfth (1/12) share of the residue of my estate shall pass t her son, TRAVIS SENTER. I. One-Twelfth (1/12) of the residue of my estate shall pass to my grrat-niece, KAREN CARROLL, if she survives me. In the event that my gr~t-niece, KAREN CARROLL, predeceases me or fails to survive me, I Jirect that her One- Twelfth (1/12) share of the residue of my estate shall P~s to her I J. son, JUSTIN WELKER. One- Twelfth (1/12) of the residue of my estate shall pass to my 1usband' s great-niece, BARBARA D'AUGOSTINE, if she survives me. In the event that my husband's great-niece, BARBARA D'AUGOSTINE, pr~deceases me or fails to survive me, I direct that her One-Twelfth (1/12) shlre of the residue of my estate shall pass to her husband, LEWIS D' AUGOSTINE. K. One-Twelfth (1/12) of the residue of my estate shall pass to nephew, EDW ARD CULTON, if he survives me and he has att ined the age of twenty-one (21) years at the time of my death. In e event EDWARD CULTON, is under the age of twenty-one (21) years a the time of my death, I direct that his One-Twelfth (1/12) share of the residfe of my estate shall pass In Trust, and I nominate, constitute and appoint ~ANICE CULTON and DEBRA SENTER, as Co-Trustees, with the authority to I make distributions from the Trust for EDWARD CULTON's education and health expenses. The Trust will terminate on EDWARD ClJ1..TON's twenty-first (21st) birthday, at which time the proceeds of the T paid to him outright. In the event my great-nephew, EDWARD C GREGORY M. KERWIN TERRENCE J. KERWIN JOSEPH D. KERWIN HOLLY MCCLURE KERWIN ATTORNEYS AT LAW Page 6 of 8 Pages ~~ . . ~AN>h -" ..(SEAL) NE T. FLOWERS GREGORY M. KERWIN TERRENCE J. KERWIN JOSEPH D. KERWIN HOLLY McCLURE KERWIN ATTORNEYS AT LAW predeceases me or fails to survive me, I direct that his one-Twefh (1/12) share of the residue of my estate shall pass to PAULINE ELLrS, if she survives him. \ L. One-Twelfth (1/12) of the residue of my estate shall pass in equals shares to the WILLIAMSTOWN UNITED METHODIST CHURCr for the Building/Maintenance Fund, to the BETHESDA MISSION I and the I RADIO BIBLE CLASS MINISTRIES (each to receive one-thtrd of the I aforesaid one-twelfth share). \ FIFTEENTH: I nominate, constitnte and appoint TERRErCE J. KERWIN, as Executor of this, my Last Will and Testament, authorizing and emtowering him to sell and convey any and all real estate of which I may die seized and possessed. In the event TERRENCE J. KERWIN, fails to survive me, or is unable or unVr'illing to I serve as Executor of this, my Last Will and Testament, I nominate, constitute ant appoint my niece, JANICE CULTON, and my great-niece, DEBRA SENTER, as cO-E1ecutrices of this, my Last Will and Testament. I further direct that my Executor or personal representative shall not be Irequired to post bond to act in said capacity. Page 7 of 8 Pages ~ J-~~ I ~#'-~ ~!'(SEAL) HERINE T. FLOWERS i GREGORY M. KERWIN TERRENCE J. KERWIN JOSEPH D. KERWIN HOLLY MCCLURE KERWIN ATTORNEYS AT LAW ~ 1 .' '. I I IN WITNESS WHEREOF, I, CATHERINE T. FLOWERS, have h~eunto set hand and seal to this, my Last Will and Testament, this ;:l ~ day of I i my 1) e.. C eM to Q.. .. ,2003. SIGNED, SEALED, PUBLISHED and DECLARED by the above- named Testatrix, CATHERINE T. FLOWERS, as and for her Last Will and Testament, in the presence of us, who at her request and in the presence of each other, have hereunto set our names as witnesses: ?'-;//'J(&_.uf) ~ifbA'~: Residing at: ~/AK~jtfp _ ~.'K~ Residing . Ill! (~~ Pit- Page 7 of 7 Pages ( D,\PJW\WILL\FLOWERS.CTF .~ ".! . K~ : . ~.~& ) : CATHERINE T. FLOWERS I I ! I i I