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HomeMy WebLinkAbout05-19-06 ~ (- O~- {j~~3 . Register of Wills of Cumberland County Estate of Dora K. Kanarr also known as PETITION FOR PROBATE and GRANT OF LETTERS No. :1 ( . DiP -Olf !/J To: Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania . Deceased Social Security No. 202-20-6689 The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older, and the execut~ named in the last will of the above decedent, dated May 10 ,20 02 and codicil(s) dated None (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Messiah Village, 100 Mt. Allen Dr., Mechanicsburg, Cumberland County, Pennsylvania, with h~last family or principal residence at 100 Mt. Allen Drive, Mechanicsburg, Upper Allen Township, Cumberland County, PA (list street, number and municipality) Hospice of Central Pennsylvania, Decedent, then ~ years of age, died May 16 ,20~, at Susquehanna Township, Dauphin, County, Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after PA execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: N/A 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 Pennsylvania situated as follows: $ 25,000 $ $ $ None WHEREFORE, petitioner(s) respectfully request(s) the probate ofthe 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. s~ret~ ofPetitioner(s) (14. ~L Charlotte L. James Residence(s) ofPetitioner(s) 930 Wildwood Stt. Court, Virginia Beach, VA 2;3454-3551 , .........J !'~~:::':~) -,~, ,...... (,:,c-" ::: -<~-1 ;;;~f-{ , ( -) -> J v:::\ i ["'''I !,__~:J C.J ~3 (,A) Ul . Register of Wills of Cumberland County OATH OF PERSONAL REPRESENTATIVE } COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA The petitioner(s) above-named swear(s) or affinn(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and beliefofpetitioner(s) and that as personal representative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. .)s ~ f. ae1e1~ t' Charlotte L. James Sworn to or affirmed and subscribed Before me this 19 th May 88: day of 06 t/} 0;;' = Z A '" '-' No. () , ~ OlJ ''Vi.( 73 Estate of Dora K. Kanarr , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW May 19 20~, 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 May 10, 2002 , described therein be admitted to probate filed of record as the last will of Dora K. Kanarr ; and Letters are hereby granted to Charlotte L. James, Executrix $ 60.00 $ 15.00 $ 0.00 $ 40.00 $ 0.00 $ 15.00 $ 0.00 $ 130.00 FEES Probate, Letters, Etc. ............. Will........ .. ...... ................. Renunciation... . . . . . . . . . . . . . . . . . . . . Short Certificates ( 1 ~ .. .. .., ... .. JCP.................................. Automation Fee................... Bond............................. .... Total Filed May 19 Attorney (Sup. Ct. I.D. No.) Keefer Wood Allen & Rahal, LLP P.O. Box 11963, Harrisburg, PA 17108-1963 Address 717 -255-8059 20~ Phone :: \-C; r\.J (.oJ 0'1 Thl~. is to certify that the 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 filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. No. ~/?;r ' Local Re~ Fee for this certificate, $6.00 p 12412086 MAY 182006 Date Q,~OlP'- ;::I ;s:l, '::'\:] ::j \;q l......:\ ~'"'" <:;2 -:-,-i Hl05.143 Rev. 2187 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH STATE FILE NUMBER PRINT N 'NENT ;KINK 5. 95 VIS. COUNTY OF DEATH SEX 2female. BIRTHPLACE (City and P F TH State or Foralgn Country) HOSPITAL; Harrisburg Pa I~~m(] 7. a.. FACILITY NAME (If not Institution. give streel and number) SOCIAL SECURITY NUMBER 3.202 20 - NAME OF DECEDENT (First, Middle, last) 1. Dora K. Kanarr AGE (Last Birthday) n . ERIOulpOliem (] 00.0.0 Ruldonee 0 ~~) (] RACE. American Indian, Black, White, at . (S~ White 10. ab. Dauphin DECEDENrs USUAL OCCUPATION (~~ofRf~:'~U:ri=1 MARITAL STATUS. Marr'oed, Nayar Married. WIdowed, Divorced (Specify) 14. Widowed SURVIVING SPOUSE (If wi,., give maiden name) 17.. State Pa Did decedenl live In a decede Ive r."m~,..l ~nrl township? 17d.D ~~lnactua7~~of MOTHER'S NAME (Flnlt, Middle. Melden Sumeme) 19. Fmna Li n INFO~S.w.I'fNy ADDR~~Slre4lI. CIty~. S"18, ~p~) h V 23454 20b. 'j.jV Wl awooo ~q l,t vlrglnla Jjeac a PLACE OF DISPOSITION- Neme of Cemetery, Crematory LOCATION - CltyfTown, State, Zip Code or Other Plsos 21e.Rolling Green Cemetery NAME AND ADDRESS OF FACILITY ue.M ers-Harner Funeral Home LICENSE NUMBER 17e. ~ Ves. decedent lived In Uooer Allen lwp. 100 Mt Allen Drive 16. Mechanicsbur Pa 17055 FATHER'S NAME (First Middle. lest) 1a. William Kinderman INFORMANT'S)lAME (TYP!/Print) 20.. Cnarlotte L. James METHOD OF DISPOSITION Donation D Burial 1[1 CnImetlon Gemovel from Slate D 21 Other (Speclfy) SIGNA TU 17b. County citylboro. DATE OF DISPOSITION (Mont:'tsy,Y~b 2006 D 21b. ay , NSEE OR PERSON ACTING AS SUCH liCENSE NUMBER 22b. 011654-L To the best of my knowledge, death occurred al the time, date and plaos stated. (Signature and Title) 23a. TIME OF DEATH 24. 5', '0 21d. a. 2a. . Approxilllllle : Int_al between : onset and death PART II; Other significant conditions conbibuting to dealh. bul not re.u~lng In the undarlylng cause given In PART I. 27. PART I: Enter 1M d......., Injurtu or complications which CIIuMd the d..th. 00 n Uat only one cau.. on each line. Sequenlially list conditions { b. if eny. \eliding llllmmedleta . cause. Enter UNDERL VING CAUSE (Olaease or Injury c. . Ihallnllialed evenlll resulting on death ) lAST d. WAS AN AUTOPSY WERE AUTOPSY FINDINGS PERFORMED? AVAIlABLE PRIOR TO COMPLETION OF CAUSE OF DEATH? DUE TO (OR AS A CONSEQUENCE OF); VesD MANNER OF DEATH Natural D Homicide 0 AccIdent 0 Pending Inve.tigation D Suicide D Could not be determined D DATE OF INJURV (Month. DIY. V..r) TIME OF INJURV INJURV AT WORK? DESCRIBE HOW INJURY OCCURRED. 21a. 28b. CERTiFIER (Check only one) .~~~~:tGor~~~J.7l.",\';:\l,~e~u,:: ~ 3:':~~:~(:r~.r .r~;..le~.h:~~~~~.~~~.~~~.,:?~~~~~.~.I~~.~~.~...............,. 29. Ves D No 0 30.. 30b. M. 30e. PLACE OF INJURV . Al horne, !arm. street, fectory. offlce Widing, otc. ISpoclIy) 30.. "MEDICAL EXAMINER/CORONER . ~~:~~::I:::~~~.'~~~~. ~~~.~~.~~~~~~~.~:.I~.~. ~~~~~:.~~~~ .~~~~ .~.~.~.~.~~:.~.~~:.~.~~.~~~.~~'. ~~~.~~~. ~~.~~.~~~~.~~~ .~~~.. 0 31.. REGIS S SIGNA ~/I~/j { Ot,~ NoD 'P:"~:~I~G:=adr:'::'~HO~~~~ !.':~':'.~~:~~a~.d:~~ ::: ::Z~:~~.~~i'::~ <l,::~,(.r.. .tat.d...................... 0 34. tftJ { J- r- () ~ -()L(g~ LAST WILL AND TESTAMENT OF DORA K. KANARR I, DORA K. KANARR, of Upper Allen Township, Cumberland County, Pennsylvania, do hereby make this my Last Will and Testament, revoking any former wills and Codicils made by me. FIRST: I give my tangible personal property and all casualty insurance that I am carrying on said tangible personal property to such of my children, Charlotte L. James and Richard W. Kanarr, who are living at my death, to be divided equitably among or between them as they may determine, or if they are unable to agree, as my Executor shall determine, after considering the wishes of such children. I have complete confidence that my children and my Executor will honor any written instructions that I may leave with regard to said tangible personal property. Any such property not so distributed shall be sold and the proceeds added to my residuary estate to pass as hereafter described. SECOND: I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devises), wherever situate and whether acquired before or after the execution of this Will, to Wachovia Bank, National Association, or to its successors in ,E~~ ff V~-K-cv1/l- -1- r-<) 1 ., "'j! ( ~} ) . j Ll trust, as Trustee under that certain Trust Agreement, as amended, between William R. Kanarr and Dora K. Kanarr as Settlors and Hamilton Bank (corporate predecessor of Wachovia Bank, National Association, CoreStates Bank, N.A. and First Union National Bank) as Trustee, which Trust Agreement was originally executed on October 26, 1990. My Trustee shall add the property bequeathed and devised by this Article to the principal of the above Trust and shall hold, administer and distribute the property in accordance with the provisions of the Trust Agreement, including any amendments thereto made before my death. THIRD: In the event for any reason the bequest and devise above is ineffective and invalid, then I hereby give, devise and bequeath the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devises), wherever situate and whether acquired before or after the execution of this Will, to Wachovia Bank, National Association, or to its successors, as Trustee, with the same to be held, administered and distributed in accordance with the provisions of that certain Trust Agreement between William R. Kanarr and Dora K. Kanarr as Settlors and Hamilton Bank dated October 26, 1990, as amended, which Trust Agreement is hereby fully incorporated herein by this reference and made a part hereof the same as if the entire Trust Agreement were set forth herein. If for any dS)tyl'C1- 10( 1\1 CUt--~,,~ -2- reason Wachovia Bank, National Association, is unable or unwilling to serve then I hereby nominate, constitute and appoint as successor or substitute Trustee a bank or trust company qualified to do business in the state of my domicile at the time of my death, which successor or substitute Trustee shall be designated in a written instrument filed with the court having jurisdiction over the probate of my estate and signed by or on behalf of my oldest living child or if he or she fails to act, by the court having jurisdiction over the probate of my estate. FOURTH: If any beneficiary and I should die under such circumstances as would render it doubtful whether the beneficiary or I died first, then it shall be conclusively presumed for the purposes of this my Will that said beneficiary predeceased me. FIFTH: I hereby nominate, constitute and appoint as Executor of this my Last Will and Testament Charlotte L. James and direct that she shall serve without bond in any jurisdiction in which called upon to act. If she should fail to qualify as Executor hereunder, or for any reason should cease to act in such capacity, the successor or substitute Executor who shall also serve without bond shall be Richard W. Kanarr. My Executor shall receive no compensation but shall be entitled to reimbursement for reasonable expenses. ~ ~..tt- 7y ;1!au-~ -3- Whenever the word "Executor" or any modifying or substituted pronoun therefor is used in this my Will, such words and respective pronouns shall 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 or substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers and duties, authority and responsibility conferred upon the Executor originally named herein. SIXTH: (1) I give to any Executor named in this Will or any Codicil hereto or to any successor or substitute Executor all of the powers enumerated in this Will and all of the powers applicable by law to fiduciaries in the Commonwealth of Pennsyl- vania and in particular through the Pennsylvania Probate, Estates and Fiduciaries Code, as effective and as in effect on the date of my death, during the administration and until the completion of the distribution of my estate. I direct that all such powers shall be construed in the broadest possible manner and shall be exercisable without court authorization. (2) My Executor is authorized and empowered to acquire and to retain, either permanently or for such period of time as my Executor may determine, any assets, including the capital stock of any closely held corporation, whether such assets are or ~d- k'f~~.~ -4- are not of the character approved or authorized by law for investment by fiduciaries and whether such assets do or do not represent an overconcentration in one investment. (3) My Executor is authorized and empowered to dis- claim any interest, in whole or in part, of which I, or my Executor, may be the beneficiary, devisee, or legatee, by execut- ing an appropriate instrument (in accordance with section 2518 of the Internal Revenue Code of 1986, as amended, or such similar section as may then be in effect) . (4) My Executor is authorized and empowered to sell at public or private sale, or exchange, and to encumber or lease, for any period of time, any real or personal property and to give options to buy or lease any such property. Additionally, my Executor is authorized and empowered to compromise claims, to borrow from anyone (including a fiduciary hereunder) and to pledge property as security therefor, to make loans to and to buy property from anyone (including a fiduciary or beneficiary hereunder) i provided that any such loans shall be adequately secured and at a fair interest rate. (5) My Executor is authorized and empowered to allo- cate property, charges on property, receipts and income among and between principal or income, or partly to each, without regard to any law defining principal and income. (insert powers section) ~9-crl /2_ 'f(: ~t-L~ -5- SEVENTH: I hereby exercise to the extent herein provided, the power of appointment granted to me under Article 2.05 of the Trust Agreement between William R. Kanarr and Dora K. Kanarr as Settlors and Hamilton Bank as Trustee, dated October 26, 1990, as amended, as follows: (1) The Trustee shall distribute the entire remaining part or all of the trust estate, including any accrued or undistributed income, among the following beneficiaries, or if a beneficiary shall not survive to the distribution date, then to such deceased beneficiary's then-surviving issue (not including Andrew K. LeVan, Sr.), per stirpes: Charlotte L. James (my daughter) . . . 27% Richard W. Kanarr (my son) 5% Patti W. Kanarr (my daughter-in-law) 5% Christine M. LeVan (my granddaughter) 9% Alyssa M. James (my granddaughter) 16% Andrew K. LeVan, Jr. (my great-grandson) 18% Brendon A. James (my great-grandson) . 18% Jerica Ruth Lahr (daughter of Jocelyn LeVan) ~ 100% (2) I make no provision for my grandson, Andrew K. LeVan, Sr., and no portion of the trust estate shall be distributed to him. o<9t7{c~ ;f: 7~~ . -6- (3) If any beneficiary named in paragraph (1) above shall die without issue surviving on the distribution date, then such deceased beneficiary's share shall be divided among the remaining beneficiaries, in the relative proportions specified. EIGHTH: 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 residue of my estate, as if such taxes were expenses of administration, 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 hereunto set my hand and affixed my seal this /tJzt day of Lllc:JI- , 2002. o!J-tH-"cL Y ~au.-~(SEAL) DORA K. KANARR SIGNED, SEALED, PUBLISHED, and DECLARED by DORA K. KANARR, as and for her Last Will and Testament, on the day and year above written, in the presence of us, who, at her request, in her presence, and in the presence of each other, all being present at the same time, have hereunto subscribed our names as witnesses: -7- SELF-PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND We, Dora K. Kanarr, and Brtdjef A,I. Whitley Soy G. Al b~("t and , the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as her Last Will and that she had signed willingly (or willingly directed another to sign for her), and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, and in the presence of each other, signed the Will as witness and to the best of our knowledge the Testator was at that time eighteen years of age or older, of sound mind, and under no constraint or undue influence. g~C{.., 'Jt: (raa~'v Dora K. Kanarr Lr Jf( df6I7 Witnes Witn~ t: (tQQ",,,1 Witness Subscribed, sworn to, and acknowledged before me by Dora K. Kanarr, the Testator and subscribed and sworn to before me by "By ,d J~'" jt.{. Wi\! t' "'I 301 E. /N h RI.t and , witnesses, this r~ day of M(hr ' 2002. (Seal) Notarial Seal Jennifer R. Freeland, Notary Public Upper Allen Twp., Cumberland County My Commission Expires Dec. 13, 2004 - 8 - Member, Pennsylvania ,l\s~oc;atjOfl ot Notanes