HomeMy WebLinkAbout12-11-78
No, 21-.78
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PETITION FOR PROBATE OF Will AND lETTERS TESTAMENTARY
in the Estate of
LESTER G. BIXLER, JR.
, deceased.
To Richard E. Anderson, Register of Wills for the County of Cumberland,
in the Commonwealth of Pennsylvania.
IS(
Petitioner(s) are the execut ORS named In the Lost Will and
Testament of Lester Go Hi xl er, ]r.
Decedent was a citizen of the United States and a
Township
~ Cumberland
dated October 9, 1975
resident of
Lower Allen
County, Commonwealth
of Pennsylvania.
Decedent died on
Monday
the 13th
day of November
A. D. 19 78 ,in the County of
Cumberland
, State of
Pennsylvania at the age of 45 years.
ncs has ~
Decedent has not been married and has not had children born to him
since the execution of the above described Will.
Decedent was possessed of personal property to the value of
A.ppro:x:imate~y $200,000 and of real estate to the value of
None
as near as can be ascertained; said real
estate situated as follows
apply
Therefore, your petitioner(s) respectfully applies for the probate
of the said Last Will and Testament and for Letters Testamentary thereon.
Dated
November 29. 1978
Name and address
of Petitioner(s)
1510 Cedar Cliff Drive
Camp Hill, Pennsylvania 17011
COMMONWEALTH OF PENNSYLVANIA !'
ss
COUNTY OF CUMBERLAND
Suellyn Bixler and Lois B. Copeland, Trust Officer of Commonwealth National Bank
named in above application, being duly
say(s) that the statements set forth
sworn according to law
In this petition are true to the
best of
their
Sworn to
and subscribed before
knowledge and belief.
~~~
Sue lyn Bixler
Commonwealth National Bank
* ~ ,~/k,L Trust Officer
me,
~ 19 7:
Richard E. Anderson, Register
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Filed~
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December
11,
1978
Attorney:
William E. Miller, Jr.
Keefer, Wood, Allen & Rahal
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LAST WILL AND TESTAMENT OF
LESTER G. BIXLER, JR.
I, LESTER G. BIXLER, JR., of Lower Allen Township, Cumberland
County, Pennsylvania, do hereby make this my Last Will and Testa-
ment, revoking any former Wills and Codicils made by me.
FIRST: I give my tangible personal property and all in sur-
ances thereon to my wife, Suellyn Bixler, or, if she does not
survive me, to my children who survive me, to be divided between or
among them as they may agree, my Executors to represent any minor
children in such division. In the absence of agreement, my Executors
shall make such division as it deems appropriate, having due regard
for the personal preferences of my children. My Executors may sell
any such property allocated to a minor that it deems unsuitable for
such minor's use, and may pay the proceeds to the minor or to the
person maintaining said minor or may deposit said proceeds in the
minoris name in a bank or savings institution of its choice, payable
to the minor at majority. My Executors may distribute any such
property allocated to a minor directly to the minor or to the person
maintaining said minor.
SECOND: I give, devise and bequeath all the rest and remainder
of my estate, real, personal and mixed, to The Commonwealth National
Bank, 10 South Market Square, Harrisburg, Dauphin County, Pennsylvania,
Trustee under my Trust Agreement dated ~~ ~ , 1975,
IN TRUST NEVERTHELESS, to be handled in the manner provided by the
terms of said Trust Agreement.
Should the aforesaid bequest to The Commonwealth National Bank,
Trustee, fail for any reason, I give, devise and bequeath all the rest
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and remainder of my estate, real, personal and mixed, to my wife,
Suellyn Bixler, and to my issue, in the intestate proportions
provided by the laws of the Commonwealth of Pennsylvania.
Should neither wife nor issue survive me, I give, devise and
bequeath all of my estate, real, personal and mixed, as follows:
(a) One-half (1/2) to my parents, Lester G. Bixler, Sr.
and Caroline Bixler, or the survivor of them;
(b) One-half (1/2) to my wife's parents, William H.
Kuntzelman and Eleanor Kuntzelman, or the survivor of them.
In the event that either or both of the above gifts fail, such
gift as fails shall go as follows:
(a) One-third (1/3) to my sister, Sally B. Williamson,
or her issue, per stirpes;
(b) One-third (1/3) to my sister, Marybelle B. Snavely,
or her issue, per stirpes;
(c) One-third (1/3) to my wife's brother, John W. Kuntzelman,
or his issue, per stirpes.
THIRD: If any individual beneficiary who would otherwise receive
an interest in my probate estate through Item SECOND is under thirty
(30) years of age, I direct that his (the masculine to include the
feminine) interest be held in trust by The Commonwealth National Bank,
hereinafter called Trustee, until such beneficiary reaches thirty (30)
years of age.
My Trustee shall apply such amounts of income and principal as
it, in its sole discretion, deems proper for the support, education
and welfare of such beneficiary, and may accumulate any unexpended
balance of income to the extent permitted by law. Without the inter-
vention of a guardian, such amounts may be applied directly or may be
paid to the beneficiary or to the person with whom such beneficiary
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resides or to the person who has the care and control of such benefi-
ciary. My Trustee shall not be obliged to supervise or inquire into
the application of such amounts by such person, and the receipt of
such person shall be a complete release of my Trustee. Should the
share of a beneficiary, in the sole opinion of my Trustee, be or
become too small to warrant continuing such fund in trust, or should
its administration be or become impractical for any other reason, my
Trustee, in its sole discretion, may pay such share, absolutely,
without the intervention of a guardian, to the beneficiary, to the
person with whom such beneficiary resides, to the person who has the
care and control of such beneficiary, or may deposit such share in
the beneficiary's name in a savings account in a savings institution
of its choosing, payable to the beneficiary at majority, which I
define as twenty-one (21) years.
Should a beneficiary die prior to reaching the age of thirty (30)
years leaving issue, his interest shall be allocated among said issue
by my Trustee and held in trust for said issue, subject to the same
trust provisions of this Will, but subject to the additional qualifi-
cation that final distribution be made to each said issue upon his
reaching the age of twenty-one (21) years, or to his estate in the
event of his death.
Should a beneficiary die after reaching the age of twenty-one
(21) years, but prior to reaching the age of thirty (30) years, leaving
no issue, his interest shall be distributed as he may specifically
direct in a valid Last Will and Testament. Unless such specific direction
is made, the interest of a beneficiary who dies at any age prior to
reaching the age of thirty (30) years leaving no issue shall be divided
among his brothers and sisters and the issue of deceased brothers and
sisters, per stirpes, or, if none exists, among my issue, per stirpes,
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or, if none exists, among the persons and in the proportions set
forth in the final paragraph of Item SECOND, provided that, any portion
of such interest payable to a person who is the beneficiary of a
subsisting trust under this will shall be added to said trust, and be
paid over to said beneficiary in accordance with the provisions of said
trust.
FOURTH: In the event that my wife, Suellyn Bixler, does not
survive me, I name my parents, Lester G. Bixler, Sr. and Caroline
Bixler, or the survivor of them, as guardians of the persons of any
minor children who survive me. In the event that my parents,
Lester G. Bixler, Sr. and Caroline Bixler, are unable or unwilling
to serve, I name my wife's parents, William H. Kuntzelman and
Eleanor Kuntzelman, or the survivor of them, as guardians of the
persons of any minor children who survive me.
FIFTH: I appoint my wife, Suellyn Bixler, and The Common-
wealth National Bank as my Co-Executors. In the event that my wife,
Suellyn Bixler, is unable or unwilling to serve, The Commonwealth
National Bank shall serve alone. I direct that my Co-Executors or
Executor serve without bond in any jurisdiction in which called upon
to act.
SIXTH: I give to any Executor, Executrix or Executors and to
any Trustee or Trustees, named in this Will, or any Codicil hereto,
hereinafter referred to in the singular neuter gender, the following
powers during the administration and until the completion of the dis-
tribution of my estate, and until the termination of all trusts created
hereunder and until the completion of the distribution of the assets of
such trusts, in addition to, and not in limitation of, any authority
given it by law or by other provisions hereof:
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(a) To retain any property of any kind of which I may
die possessed, and to invest and reinvest any such property;
(b) To invest and reinvest in such stocks, bonds or other
property, either real or personal, including any common or diversified
trust funds maintained by corporate fiduciaries, as it, in its sole
discretion may deem wise, without being limited to what are known as
"legal investments" and without responsibility for diversification;
and to deposit and maintain, in its sole discretion, funds in such
amounts as it deems proper in banks of its choice, including the keeping
of reasonable amounts of cash in banks uninvested;
(c) To exercise any options to subscribe for stocks, bonds
or other investments; to vote, in person or by proxy, securities
held by it and in such connection to delegate its discretionary powers;
to join in any plan of lease, mortgage, merger, consolidation, exchange,
reorganization, foreclosure or voting trust and deposit securities
thereunder of any corporation in which my estate and trusts may hold
stocks, bonds or other securities; and generally to exercise all the
rights of security holders of any corporation;
(d) To sell, transfer, convey, mortgage, pledge, grant
options for sales or exchanges, lease for any period of time or ex-
change any property, real or personal, which at any time may form part
of my estate, for the paYment of debts or taxes, or for any purpose of
administration or distribution, at either public or private sale, for
such prices, either in cash or for credit, and upon such terms as it,
in its sole discretion, may deem wise, and to execute and deliver
deeds of conveyance or transfer thereof, without any liability on the
part of the purchaser or purchasers, or anyone else dealing with it
with respect to my said property, to see to the proper application of
the purchase money or proceeds;
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(e) To renew notes or debts of mine, and to borrow sums
of money from any person, including any fiduciary, giving such security
therefor, including a pledge or mortgage, as it, in its sole discretion,
may deem to be for the best interests of my said estate and trusts;
(f) To make settlements and to compromise claims, by or
against my estate or trusts, including without limitation, any questions
relating to taxes or to any policy of life insurance, on such terms
as it, in its sole discretion, may deem wise without the necessity
of obtaining any court approval thereof;
(g) To make distribution hereunder either in cash or in kind,
or partly in each, as it, in its sole discretion, deems wise;
(h) In its discretion, to amortize from income premiums paid
for investments which are callable, or have a fixed maturity.
SEVENTH: I direct that this Last Will and Testament control
the distribution of my property irrespective of whether there are
children born to me or adopted by me subsequent to the execution
of this Last Will and Testament.
EIGHTH: The words "issue" and "children" whenever used in
this Last Will and Testament shall include adopted children.
NINTH: No interest of any beneficiary under this Will or
any Codicil hereto shall be subject to anticipation or to volun-
tary or involuntary alienation.
TENTH: All estate, inheritance, succession and other death
taxes imposed or payable by reason of my death and interest and
penalties thereon with respect to all property comprising my gross
estate for death tax purposes, whether or not such property passes
under this Will, shall be paid out of the principal of that por-
tion of my general estate which does not constitute part of the
marital deduction, as if such taxes were expenses of administration
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without apportionment or right of reimbursement. I authorize my
Executor and Trustee to pay all such taxes at such time or times
as deemed advisable.
IN WITNESS WHEREOF, I have set my hand and seal on this my
Last Will and Testament this
9 day of a~, 1975.
LEST~~/'!~~ ·
(S EAL )
SIGNED, SEALED, PUBLISHED and )
DECLARED by Lester G. Bixler, )
Jr., as and for his Last Will )
and Testament, on the day and )
year last above written, in the )
presence of us, who, at his re- )
quest, in his presence, and in )
the presence of each other, all)
being present at the same time, )
have hereunto subscribed our )
names as witnesses: )
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OATH OF SUBSCRIBING WITNESS .
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
f ss:
. 8th December 1t'8
ThIs...........................:............................................ day of ................................................................ A.D., 19........,
before me Richard E. Anderson, Register for the Probate of Wills and granting letters of Administration
in and for said County of Cumberland, in the Commonwealth of Pennsylvania, personally came ..............
... Ar. M~Y...W~.. .C::r.~~.~.l;l.J:.l.q... !H~~. .'itiJ1~~. .~!.. !:1.:t.:!-.:!-.~r. ).. .Jr.........................................................................................
the subscribing witnesses to the foregoing instrument of writing purporting to be the last Will and
Testament of .............. .J;..~.~~.~r... ~.... .~~~~~.? ..J.~. ~............................................. Dated .. .~~~~~~:.. .??. .~.?.?.~.........
late of ......... .~'?.\f.~:r:..~.:!-.:!-~~.J:~~~.~t.P... .... .............. ...................... ................. Cumberland County Pa., deceased
who being duly .......a\Y.oxXl........................... according to law, depose and say, that ....~h~y...w~:r.~..................
present, and saw and heard the testa..~~r..........................., ............~~~.~.~.~...C?-.~..~.~~!:-~r.,...J.:............................
sign, seal, publish, pronounce and declare the said instrument of writing as and for h................ Testament
and Last Will, and at the time of so doing ..............~.~...............................was of sound and disposing mind
memory and understanding, to the best of ..................t.l\~i:r...................knowledge, observation and belief.
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AFFIDAVIT OF DEATH
COMMONWEALTH OF PENNSYLVANIA l ss:
COUNTY OF CUMBERLAND ~
. ~!-l~J..J..Y.H. .l},~:~J.~r.. .~;r}-~.. ~;i; ~..~~.. .9.9.P.~J.~.l);q. ~.. ~r.~~~.. ~~~~~~~.?. .9.<?~~~~~~~:t:~..~?: ~~?~~.. !}.~.~...... being duly
.................sw'u:~n..................... says that as nearly as can be ascertained the said decedent ..........................
..................................................... Lester. ..G... .Bix:Ler.,.. Jr....................................................................... .died on
..... .~~~~?::r........ ....................... the .............. .~~.~.l;t.......... day of ........ ..~?'Y.~~~.~.~............................ A.D., 19.. .7.8.,
at or about .....................9.................... o'clock, J?M.
. ....... ..J~}Y~r.n-.J;Q... .......... .... ...... ..and subscribed this
................... .~.9.~h-..................... day of .... ..~.'?Y.~!!lR.~r....
78
19, ........, before
Richar
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