HomeMy WebLinkAbout02-22-06
PETITION FOR PROBATE and GRANT OF LETTERS
')...oO<P ~ OllPg
named
,19~
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled at death in CIA IVJhrrl411d _ County, Pennsylvania, with
h e (' last!r:Rily of~~~~/~al ?,S~~h:C~ aCal-/ls/-f In /rHJ /"-5
,
(list street, number and muncjpality)
Decendent, then ) i" years of age, died (\!u. t 117ft; /5' Jf .:10( '.l~
at
Except as follows, decedent did not marry. was not <;Iivorced and did not have a child born or adopted
after excl:ution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent:
Decendent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(Ifnot domiciled in Pa.) Personal property in Pennsylvania
(I f not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follo\l,:s: I/O , 0 {' C. (.'t.'
,
/3 I Cj-y 5-- ,"t:.'
,
$
$
$
$
WHEREFORE. petitioner(s) respectfully request(~the. probate of the last will and codicil(s)
presented herewit h and the grant of letters ! ('sf( 1 11 t r> h, Il j
(testamentary; administration d.a.; administration d.b.n.c.t.a.)
theron.
:::>
~ ,./---7 ~~
"0 - - ...,/------~..
.~ I f~~c----
o::W- /
-;:) ,... - .
:- .~...-..-
z~ ---
~~
/"
~/5,J~
'1 'f L ... b -< fA ~"dl 1''\
\ J
.,..;:;..=::;;:~~
/7tJ2-L
"',
:r.
OATH OF PERSONAL REPRESENTATIVE
COl\fMONWEALTH OF PENNSYLVANIA I ~~
COBNTY OF CWnfxrlCln ci j ~:s
Th.e~petit-idner(s) above,named swear(s) or affirm(s) that the statements in the foregoing petition are
true artJ I:Off"ect to the best of the knowledge and belief of petitioner(s) and that as personal represen-
tati\'c(S) of thc,jl.bove decedent petitioner(s) wiII well and truly administer the estate according to law.
swor.~....~. to or affirnled /Ia~d SUbscribe.d {' y/,;;;:k - ~
before me this OJ.J. t day of ~ ~.
pef:)rti~ .. I~~ ~
~-.fL ~ .At:tA~ ~
..-t:JjI ^ '-1M LI.iU .J-u il, d1 A9t1AU D no ;~ t~~
No. 1-oolP - ollJJf
Estate of ferry
J....'1nne.- )....0.. VCLn tU/G
-
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW FebrualJ 2.2,...d- ~ :2-DOItJ, 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 NOV{/VIb<-Y 18 I-f,J /qq f'
described therein be admitted to probate and filed of record as the last will of
, ferry.,.. Lynne. ,t.a.Vafdure.
and Letters I esflJ.. mtrJ tarq
are hereby granted to .j 0 s h ua P 11 U. / J... fL V {U1 tar ~
C 71 ?)
.( )d{uuJ a 1aJt/1d/l. .AlA adl'tULo1,-,
Register of W~l ~ .
- (' ,.(l,.d- 7;;::
/ A1TOR~Y Sup. a, I.D. No.)
"77 <c. " /
5 '_Y'l-I '/7 0/0/:> c' 17 I .
.ADDRESS
/(
;Jr/3. , ';'7.1 2~,
PHONE
FEES h
a~ Oil
Probate, Letters, Etc. . o. o. 0 . .. $ 00
Sh C Ofi (1) $ 32 00
ort ~rtI lcates . 0 0 0 . 0 . . . . .
RC~~~ti6" . 0 0 .. . . . . . . . .. .. $ /5. tJ D
o..utv I.1C P $ i 6 . 0 ()
TOTAL _ $ a~;.tJ/)
Filed . r ~.h.t:q~, .0~/. ~ ~~.":.. . .. ... . . .
y-~'.~t
/h' I :f,,/:
I ~.
L U :~, ) -'
LAST WILL AND TESTAMENT
OF
TERRY L. LAVANTURE
KNOW ALL MEN BY THESE PRESENTS, that I, Terry L. LaVanture, of Carlisle,
Cumberland County, Pennsylvania, realizing the uncertainty of this life, and with full
confidence and trust in my Lord and Savior Jesus Christ, in His death for my sins and in
His shed blood as an atonement for my soul, and knowing that by faith in His shed blood
I have eternal life, and being in good health and of sound and disposing memory, do
hereby make, declare, and publish this as my Last Will and Testament, hereby revoking
all former Wills and Codicils heretofore made by me.
FIRST: I direct that all my just debts and expenses of my last illness and funeral
expenses shall be paid by my Executor, hereinafter named, from my estate as soon after
my decease as shall be found convenient.
SECOND:
(a) I give, devise, and bequeath all the rest, residue, and remainder of my estate,
whether real, personal or mixed, of any nature whatsoever and wherever situated,
including any lapsed or void legacy, to my son, Joshua Paul LaVanture , if he survives me
by thirty (30) days.
(b) If my son, Joshua LaVanture predeceases me or is not living on the thirty-first
day after my death, then I give as follows:
(I) to my sister Nancy D. Buffington, a one-fourth share;
(2) to my brother Richard E. Coe, a one-fourth share;
(3) to my sister Charlynne R. Kelso, a one-fourth share;
(4) to my father and mother, Charles W. Naumann and Margaret J. Naumann, a
one-fourth share.
THIRD: I herei:)y nominate, constitute, and appoint my son, Joshua Paul
LaVantu~te, asExecut~I'~of this my Last Will and Testament. If my Executor fails to serve,
or for any ~easQn fails to continue to serve, I then appoint my parents, €I.adc.& yt:"
Naumann and Margaret J. Naumann, to serve as Co-Executors.
f) '.' !' I
1
)
\
~
~
~
-~
~
(-hS-
~
-"Y)\
.../ JI
(;
FOURTH: I direct that my Executor, or his successor, shall not be required to
furnish any bond or other security for the faithful performance of his duties,
notwithstanding any provisions of law to the contrary.
FIFTH: My Executor shall have, in addition to the powers and authority conferred
upon him by law, the following additional powers and authority:
1. To sell at public or private sale, exchange, lease, mortgage, or pledge any
property, real or personal, constituting a portion of this estate, at any time, and upon such
terms and conditions as he shall deem wise.
2. To invest any money at any time in such bonds, stocks, notes, real estate,
mortgages, life insurance, annuities, or other securities, or such property, real or personal,
as he shall deem wise, without being limited by any statute or rule of law regarding
investments by the Executor.
3. To retain, without incurring any liability, as investments, any property owned
by me at the time of my death, as long as he deems it wise, and even though such property
is not the kind of property he would purchase as an investment, and even though to retain
such property might violate sound diversification principles.
4. To cause any security or other property which may at any time constitute a
portion of my estate to be issued, held, or registered in his own name, or in the name of
a nominee, or in such form that title will pass by delivery.
5. To consent to the reorganization, consolidation, readjustment of the financial
structure, or sale of the assets of any corporation or other organization, the securities of
which constitute a portion of my estate, and to take any action with reference to such
securities which, in the opinion of my Executor, is necessary to obtain the benefit of any
such reorganization, consolidation, readjustment or sale; to exercise any conversion
privilege or subscription right given to him as the owner of any securities constituting a
portion of my estate; to accept and hold as a portion of my estate securities resulting
from any reorganization, consolidation, readjustment, sale, conversion, or subscription.
6. To pay all costs, taxes, charges and expenses in connection with the
administration of my estate.
7. To determine what is "Income" and what is "Principal" hereunder, and his
decision thereon shall be final; and to purchase securities at a premium or discount, and
to apply or charge said premium or discount against income or principal as he may
determine.
8. To transfer, sell, exchange, partition, lease, mortgage, pledge, give options upon,
or otherwise dispose of any property at any time held by him, at public or private sale, or
otherwise.
2
J
~
-..~
---.>
~
(~
~
~
!
d
9. To borrow money from any person, firm or corporation, for the purpose of
protecting and preserving or improving my estate or to execute promissory notes or other
obligations for amounts so borrowed.
10. To employ legal counsel, accountants, brokers, investment advisors, custodians,
managers, and other agents and employees and to pay them reasonable compensation out
of my estate or out of any fund held hereunder to which said compensation is
attributable.
11. To do all other acts in his judgment necessary or desirable for the proper and
advantageous management, investment, and distribution of my estate.
SIXTH: I direct that all transfer and inheritance taxes, state or federal, assessed
because of my death, whether the funds, property, or insurance proceeds to which such
taxes are attributable pass under this Will or not, shall be paid out of my residuary estate
just as if they were my debts and none of those taxes shall be charged against any
beneficiary; that my Executor pay, or provide for payment, of all such taxes at such time
or times and in such manner as my Executor deems best.
SEVENTH: AIl questions as to the validity of this, my Last Will, or the
administration of the Will shall be governed by the laws of the Commonwealth of
Pennsylvania.
EIGHTH: If my son, Joshua Paul LaVanture, and I shall die simultaneously or
under circumstances which make it difficult to determine which of us died first, I direct
that I shall be determined to have predeceased my son and I direct further that the
provisions of this Will shall be construed upon that assumption irrespective of any
provisions of law establishing a contrary presumption or requiring survivorship for a
fixed period as a condition of taking property by inheritance.
NINTH: Should my son, Joshua Paul LaVanture, and the issue of my son all fail
to survive me, then I give, devise, and bequeath all the rest, residue, and remainder of my
estate of whatsoever nature and wheresoever situate to the individuals in the percentage
share shown in paragraph 2 (b) above.
TENTH: Except as otherwise provided in this Will, I have intentionally failed to
provide for any other relatives or other persons, whether claiming to be an heir of mine
or not. Insofar as I have failed to provide in this Will for any of my issue now living or
later born or adopted, such failure is intentional and not occasioned by accident or
mistake.
IN WITNESS WHEREOF, I, Terry L. LaVanture , the Testatrix to this, my Last Will
and Testament, typewritten on four (4) sheets of paper which I have identified in the
3
~
~
~
-~
~
~
~
:s
I
margin of each page by my signature, hereunto set my hand and seal this eighteenth day
of November, 1998.
GJA~&j:# L~J)J.tu~
Terry L. Vanture
The preceding instrument consisting of four (4) typewritten pages, each identified
by the signature of the Testatrix, Terry L. LaVanture, was on this day and date signed,
published, and declared by her, 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.
7fu6u", ~
/I'
tf/~L~
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF CUMBERLAND )
I, Terry L. LaVanture, Testatrix, 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 on the eighteenth day of November,
1998; that I signed it willingly; and that I signed it as my free and voluntary act for the
purposes therein expressed. c"j}~q!? 10 Un /td{)~
Terry Vanture
Sworn or affirmed to and acknowledged before me, by Terry L. LaVanture, the Testatrix,
this eighteenth day of November, 1998.
YlUlUAA
Notary Public
~.l
4
Notarial Seal
Niven J. Baird, Notary Public
Carf/ste Boro, Cumbertand County
My Commission Expires Nov. 2. 2002
'-L'.f.P.lT1!\e.. Pennsylvania AssocIatlon of Notalles
...
.
- - .
-'I r
1
Lr_
>'- ,
iii-
-.~."..."".""l",,''''__uu''ili.,"~
..
11i;
COMMONWEALTH OF PENNSYLVANIA )
) ss:
COUNTY OF CUMBERLAND )
.
We, the witnesses whose names are signed to the attached or foregoing instrument,
being duly qualified according to law, do depose and say that we were present and saw
Terry L. LaVanture sign and execute the instrument as a codicil to her Last Will; that she
signed willingly and that she executed it as her free and voluntary act for the purposes
therein expressed; that each of us in the hearing and sight of Terry L. LaVanture
signed the codicil as witnesses; and that, to the best of our knowledge, Terry L. LaVanture
was at the time eighteen (18) or more years of age, of sound mind, and under no
constraint or undue influence.
.>/f~
$I~~.L
Sworn or affirmed to and subscribed to before me by the
above-named witnesses, this eighteenth day of November, 1998.
Dl~ lli~l
Notary Public
NotarIal Seal
NIven J. BaIrd, NaIary PubHc
CarII8Ie Boro, CWnbert8nd CcultY
My CommII8Ion ExpIree Nov. 2, 2002
Menlber. Pennsytvanla AssoCI8tlon of NotarIeS
5
~