HomeMy WebLinkAbout10-26-05
Register of Wills of Cumberland County
PETITION FOR PROBATE and GRANT OF LETTERS
Estateof (!L,nf6y. L IJDJM~ St No. f}..1-;2{)O H<{7
, /
also known as To:
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
, Deceased.
Social Security No. dDI-lea -to d Ob
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older, and the executLiK.. named in the last will of the
above decedent, dated 5 - /9 -tJ L/ , 20--.a L{
and codicil( s) dated
(state relevant circumstances, e.g. renunciation, death of executor, ei:c.)
Decedent was domiciled at death in .P~ ~L (}u m b Jon h/l d-
sylvania, with hfJ last famil?, or principal residence at 1ft;() (! t. 0 Jt(( St
(list street, number and municipality)
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Decedent, then D!.L years of age, died 10 -I (0 , 20~, at In I ~O fV\
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:
fJ1-
170~)
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 Pennsylvani~
situated as follows: I Go (!t~.8~ 1L-
Mi U6l Y 5 1111.05
$ 5/ lX:O. cP
$
$
$ l/o.tXXJ. ~
f
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented
herewith and the grant of letters
---.
(testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
thereon.
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Register of Wills of Cumberland County
OATH OF PERSONAL REPRESENTATIVE
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COUNTY OF CUMBERLAND
COMMONWEAL TH OF PENNSYL VANIA
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 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. ,
Sworn to or affIrmed.. and-JirJ. bscribed {(I, .~ 11. : j E Jtda~
Before me this__~. day of ~
OCr: . _,20 fJ5
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~ I - d t oS' - ()9'tJ ' Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
Estate of
AND NOW Oo/i{.J..--{!,(-" (). ~ ~ 20~ consideration of the petition on the reverse side
here?:$.atiSfactOry proof having been presented before me, IT IS DECREED that the instrument( s), dated
I r ~ y . ' described therein be admitted to probate filed of record as the last will of
C f <X . tv 1trV'& J,-; and Letters are hereby granted to ~LC~~~
FEES
Probate, Letters, Etc. ............. $
Will..... .. ... . .. ...... .. .. .... . ..... $
Renunciation....................... $
Short CertifIcates qO) ............ $
JCP.................................. $
Automation Fee.. .. . . .. .. . .. .. .. .. $
Bond............................. .... $
Total M $
Filed ('X;f a " 20 0 5
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Attorney (Sup. Ct. LD. No.)
Address
Phone
HI05.805REV 1105 . .' . .. 21 ~tl-..otJ S"-t;9~. .
This is to certify that the information here gIven IS correctly copIed from an ongmal certIfIcate Jf death duly flied wIth me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photo,graph.
p
11852103
No.
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Lo:al Registrar
Fee for this certificate, $6.00
OCT 1 8
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Hl05.143 Rev. 2187
COMMONWEALTH OF PENNSYlVANIA. DEPARTMENT OF HEALTH · VITAL RECORDS
CERTIFICATE OF DEATH
(PEIPRINT
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IllImiPlACE (City and
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PART n: Olher SlgnlllcMl condIIiane.canIrIIulIng to _'. but
nor _Ing In'" UIWletIyIng _..... in IWlT I.
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DUE "10 (OR AS ACONSEQUENCE OF):
WERE AU10PSY FWIlINGS
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COUPlET1ON oF CAUSE
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MANNER OF DEATH
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ORE OF INJURY
(Month. Oey. ~
TiMe OF INJURY
INJURY Ifi( WORK?
DESCRl8li HOW INJURY OCCURRED.
AccIdent
Homicide
Pending l..-!gallon
Could nor be dIl.....ined
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building. lie. (Speclfy)
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'MEDICAL EXAIIWERICORONEA
On......... oIell-.uGn _or Invealptlon.ln my opinion. deah OCCUrred allhe lime. dele. and place. and due 10 .... cauae(a'and
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REGISTRAR'S SIGNI1ifURE AND NUMBER
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CIIn_lCI>atIl any<ltlel
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.PItDNOUNClNG ANDCERTII'YING PHYSICIAN (Phy8ician boIh pronounongde8tl\ and certitylng to cause c/ <lea"')
To the... 01 my...-..... death __ a 1hI11ml1. daI, and place. and dUI to the Cauae(I'_ me_ ...Ialed.. . . . . . . . . . . . . . . . . . . . . . . . .
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tX I ~ l--O /; 5-~? Y7
LAST WILL AND TESTAMENT
(Pour-Over Will)
OF
CLINTON L. WOLAVER, SR.
IDENTITY
I, CLINTON L. WOLAVER, SR., residing in the County of Cumberland, Commonwealth of
Pennsylvania, being of sound mind and memory, and not acting under duress or undue influence of any
person whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all
other former Wills and Codicils to Wills heretofore made by me. My Social Security Number is 201-16-
6206.
I have the following children: Cynthia E. Liddick, born October 2, 1956, and Steve R. Wolaver,
born November 9,1954, and Clifford L Wolaver, born June 21,1950, and Clinton L Wolaver, Jr., born
June 16, 1947, and Sarah Ann Wolaver, deceased.
DEBTS, TAXES AND ADMINISTRATION EXPENSES
I have provided for the paYment of all my debts, expenses of administration of property wherever
situated passing under this Will or otherwise, and estate, inheritance, transfer, and succession taxes, other
than any tax on a generation-skipping transfer that is not a liability of my Estate (including interest and
penalties, if any) that become due by reason of my death, under THE CLINTON L. WOLAVER, SR.
REVOCABLE LIVING TRUST executed on even date herewith (the "Revocable Trust"). If the
Revocable Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items
from the residue of my Estate passing under this Will, without any apportionment or reimbursement. In
the alternative, my Executor may demand in a writing addressed to the Trustee of the Trust an amount
necessary to pay all or part of these items, plus claims, pecuniary legacies, and family allowances by court
order.
PERSONAL AND HOUSEHOLD EFFECTS
It is my intent that all my personal and household effects were transferred to the Revocable Trust
as a result of the Declaration of Intent signed this date. If there are any questions regarding the ownership
or disposition of these assets, it is my desire that such assets pour into the Revocable Trust, signed by me
this date in accordance with the provisions of the section titled "Residue of Estate."
RESIDUE OF ESTATE
I give, devise and bequeath all the rest, residue and remainder of my property of every kind and
description (including lapsed legacies and devices), wherever situated and whether acquired before or
after the execution of this Will, to the Trustee under that certain Trust executed by me on the same date of
the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the
corpus of the above described Trust and shall hold, administer and distribute said property in accordance
with the provisions of the said Trust, including any amendmehts it~~eto made..before my death.
...... / I ,~.,: . i
02:1 ~;:J ~~:.~.l
POUR-OVER WILL
Page 1 ~)
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Testatrix
.
If for any reason the said Trust shall not be in existence at the time of death, or if for any reason a
court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under
said Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the
residue and remainder thereof to that person who would have been the Trustee under the Trust, as
Trustee, and to their substitutes and successors under the Trust, described herein above, to be held,
managed, invested, reinvested and distributed by the Trustee upon the terms and conditions pertaining to
the period beginning with the date of my death as are constituted in the Trust as at present constituted
giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such
Trust by reference into this my Will.
EXECUTOR
I hereby nominate and appoint Cynthia E. Liddick to serve without bond as my Independent
Executor of this my Last Will and Testament.
In the event the first named Executor shall predecease me or is unable or unwilling to act as my
Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint Clifford L.
Wolaver to serve without bond as my Independent Executor.
In the event the second named Executor shall predecease me or is unable or unwilling to act as
my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint Steve R.
Wolaver to serve without bond as my Independent Executor.
In the event the third named Executor shall predecease me or is unable or unwilling to act as my
Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint Clinton L.
Wolaver, Jr. to serve without bond as my Independent Executor.
.
Whenever the word "Executor" or any modifying or substituted pronoun therefore is used in this
my Will, such words and respective pronouns shall be held and taken to include both the singular and the
plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named
herein and to any successor to substitute Executor acting hereunder, and such successor or substitute
Executor shall possess all the rights, powers, duties, authority, and responsibility conferred upon the
Executor originally named herein.
EXECUTOR POWERS
By way of lllustration and not of limitation and in addition to any inherent, implied or statutory
powers granted to executors generally, my Executor is specifically authorized and empowered with
respect to any property, real or personal, at any time held under any provision of this my Will: to allot,
allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract
with respect to, continue any business of mine, convert, deal with, dispose of, enter into, exchange, hold,
improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options
with respect to, take possession of, pledge, receive, release, repair, sell, sue for, make distributions in cash
or in kind of partly in each without regard to the income tax basis of such asset and in general, exercise all
of the powers in the management of my Estate which any individual could exercise in the management of
similar property owned in its own right upon such terms and conditions as to my Executor may seem best,
and execute and deliver any and all instruments and do all acts which my Executor may deem proper or
necessary to carry out the purpose of this my Will, without being limited in any way by the specific grants
or power made, and without the necessity of a court order.
.
POUR-OVER WILL
Page 2
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Testatrix
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My Executor shall have absolute discretion, but shall not be required, to make adjustments in the
rights of any Beneficiaries, or among the principal and income accounts to compensate for the
consequences of any tax decision or election, or of any investment or administrative decision, that my
executor believes has had the effect, directly or indirectly, of preferring one Beneficiary or group of
Beneficiaries over others. In determining the Federal Estate and Income Tax liabilities of my Estate, my
Executor shall have discretion to select the valuation date and to determine whether any or all of the
allowable administration expenses in my Estate shall be used as Federal Estate Tax deductions or as
Federal Income Tax deductions.
CONTESTS AND SPECIFIC OMISSIONS
If any beneficiary under this will, singly or in conjunction with any other person or persons, directly or
indirectly:
1. contests in any court the validity of this will or, in any manner, attacks or seeks to impair or
invalidate any of its provisions;
2. contests in any court the validity of the Testator's/Testatrix's Will or, in any manner, attacks or
seeks to impair or invalidate any of its provisions;
3. seeks to obtain an adjudication in any proceeding in any court that this trust or any of its
provisions or that Testator's/Testatrix's Will or any of its provisions is void;
4. claims entitlement by way of any written or oral contract to any portion of the
Testator's/Testatrix's estate, whether in probate or under this instrument;
5. unsuccessfully challenges the appointment of any person named as Executor or successor
Executor of the Testator's/Testatrix's Will;
6. objects in any manner to any action taken or proposed to be taken in good faith by the Executor
of the Testator's/Testatrix's Will;
7. objects to any construction or interpretation of this Will, or any provision of it, that is adopted or
is proposed in good faith by the Executor;
8. unsuccessfully seeks the removal of any person acting as the Executor of the
Testator'sfTestatrix's Will;
9. files any creditor's claim in Testator's/Testatrix's estate (without regard to its validity), whether
the claim arose before or after the date of this instrument, but excepting claims for cash advanced
or paid for expenses of the Testator's/Testatrix's last illness or funeral paid by said claimant;
10. attacks or seeks to invalidate any designation of beneficiaries for any life insurance policy on
Testator'sfTestatrix's life;
11. attacks or seeks to invalidate any designation of beneficiaries for any pension or IRA or other
form of qualified or non-qualified asset or deferred compensation account, agreement or
arrangement;
12. attacks or seeks to invalidate any will which Testator/Testatrix has created or may create during
Testator's/Testatrix's lifetime, or any provision thereof, as well as any gift which
Testator/Testatrix has made or will made during Testator's/Testatrix's lifetime, whether before or
after the date of this instrument;
13. attacks or seeks to invalidate any transaction by which Testator/Testatrix sold any assets (whether
to a relative of Testator's/Testatrix's or otherwise); or
14. refuses a request of Testator's/Testatrix's, Executor or other fiduciary to assist in the defense
against any of the foregoing acts or proceedings,
POUR-OVER WILL
Page 3
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Testatrix
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then that person's right to take any interest given to him or her by this trust shall be determined as it would
have been determined if the person had predeceased the execution of this will instrument without issue
SurvtVIng.
The provisions of the foregoing paragraph shall not apply to any disclaimer by any person of any benefit
under this will. In the event that any of this provision is held to be invalid, void or illegal, the same shall
be deemed severable from the remainder of this provision and shall in no way affect, impair or invalidate
any other provision in this will; and if such provision shall be deemed invalid due to its scope or breadth,
such provision shall be deemed to exist to the extent of the scope or breadth permitted by law.
S~ULTANEOUSDEATH
If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively
presumed for the purpose of this my Will that said Beneficiary predeceased me.
~ ~. z-. 'it: w-L S~.
CLINTON L. WOLA WR, SR.
Testatrix
This instrument consists of 6 typewritten pages, including the Attestation Clause, Self-Proving Clause,
signature of Witnesses, and acknowledgment of officer. I have signed my name at the botto~,f each of
the prece . g pages. This instrument is being signed by me on this I , -' day of
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POUR-OVER WILL
Page 4
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ATTESTATION CLAUSE
The Testatrix whose name appears above declared to us, the undersigned, that the foregoing
instrument was his/her Last Will and Testament, and he or she requested us to act as witnesses to such
instrument and to his/her signature thereon. The Testatrix thereupon signed such instrument in our
presence. At the Testatrix's request, the undersigned then subscribed our names to the instrument in our
own handwriting in the presence of the Testatrix. The undersigned hereby declare, in the presence of
each of us, that we believe the Testatrix to be of sound and disposing mind and memory.
Signed by us on the same day and year as this Last Will and Testament was signed by the
Testatrix.
WITNESSES:
ADDRESSES:
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(Printed Name of Witness)
~~. \\o\\~~\~J PA \'lD105
CIty, State, ZIp -, ~
vhAtd~,';J. ~
(,o~o :t.~ ~tL.
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City, State, Zip
~l'~~ N" SIV/Al?r
(Printed Name of Witness)
POUR-OVER WILL
Page 5
ctJ
Testatrix
COMMONWEALTH OF PENNSYLVANIA
e COUNTY OF CUMBERLAND
SELF-PROVING CLAUSE
BEFORE ME'::i]Signed auth "ty; n!hi d appeared CLINTON L.
aA~ ./1 ~ SR., . and
AL W, -J ~ , known to me to b e Testatrix and the witnesses,
respectively, whose names are subscribed to the foregoing instrument in their respective capacities, and
all of them being by me duly sworn, CLINTON L. WOLAVER, SR., Testatrix, declared to me and to the
witnesses, in my presence, that the instrument is his/her Will and that he or she had willingly made and
executed it as his/her free act and deed for the purposes therein expressed; and the Witnesses, each on his
or her oath, stated to me in the presence and hearing of the Testatrix, that the Testatrix had declared to
them that the instrument is his Will and that he or she executed the same as such and wanted each of them
to sign it as a witness; and upon their oaths, each witness stated further that he or she did the same as a
witness in the presence of the Testatrix, and at his request and that he or she was at that time eighteen (18)
years of age or over and was of sound mind, and that each of the witnesses was then at least fourteen (14)
years of age.
.
4~7":~ 'i~
CLINTON L. WOLAVER, SR.
Testatrix
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Witness
&\c-Kf\ P ('~ p'M\\
(Printed Name of Witness)
Witness
;fr ItuilL ~. ~
~I?~~A fA SMIft?T.
(Printed Name of Witness)
day of
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POUR-OVER WILL
Page 6