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HomeMy WebLinkAbout05-31-06 .. , Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Benjamin R. Faust III also known as No. 21-- , Deceased Social Security No. 209-09-0187 Michael J. Faust Petitioner(s), who is/are 18 years of age or older, appl(ies) for: (COMPLETE 'A' or 'B' BELOW) ~ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the the Decedent, dated 09/0211988 and codicils dated Executor named in the last Will of State relevant circumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: (c.t.a; d.b.n.c.t.a; pedente lite; durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: o B. Grant of Letters of Administration ~. - ..., ,~ , I Name Relationship Residence " . ,J I d ,',) , "J (COMPLETE IN ALL CASES:) Attach additional sheets If necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her family or principal residence at 22 Greenspring Drive, Mechanicsburg (list street, number, and municipality) 1',) ..) Decedent, then 81 years of age, died 05/17/2006 at Holy Spirit Hospital, East Pennsboro Township (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property (If not domiciled in PAl Personal property in Pennsylvania (If not domiciled in PAl Personal property in County Value of real estate in Pennsylvania 37,000.00 $ $ $ $ 0.00 situated as follows: Wherefor!'l, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of letters In the appropnate form to the underSigned: Signature Typed or printed name and residence \\\(\. .' Michael J. Faust 34 Ashley Drive \ \ \ Dillsburg, PA 17019 Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc, Form RW-1 (1991) ~ -- . .... Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland 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 of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed ~~~4.K Michael J. F t ;.l I before me this J day of 1V1I11 ' 8..00' J/IJ/f '1 aMJA dlNJftba.ugL ~ AJ.., {M For the Register No. 21-- dOOlt . {Y/~4J Estate of Benjamin R. Faust III , Deceased also known as Social Security No: 209-09-0187 Date of Death: 05/17/2006 AND NOW, ~~d( , cXJOCr , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters [RlTestamentary Dof Administration are hereby granted to Michael J. Faust, Executor (c.I.a.; d.b.n.c.l.a.; pendente lite; durante absentia; dt{tai)te minoritate) -'\ " ...,) -_'~-J l-,'~' ( , i ':. ) : <'J 'J r ,T'1 <'o..-J in the above estate and that the instrument(s) dated 9/211988 /'.-._~' .) . .'1 -:,'} described in the Petition be admitted to probate and filled of record as the last Will of Decedent. y//h ttJa-hAJUiL 1/d.a/Jb1~1b. ~ .. / .,i/ /7- t2~ Rt9i".'oiWU",a< tfJ}'~~l Attorn~es D. gar ,""'-' ;{1 FEES Letters............................... _......... $ 90 CO Short Certificate(s)......................$ ;to. (<0 Renunciation............................... $ Affidavits ( )..........................$ I.D.No: 19475 Bogar & Hipp Law Offices Address: One West Main Street Extra Pages ( )......................$ Codicil............................... _......... $ 100,oD JCP Fee..............................._......$ Shiremanstown, PA 17011 Telephone: 717-737-8761 Inventory............... ......... ..... .._..... $ E-Mail: Other............. .lk:~:\J.1 ~:~0......$ W." TOTAL............................ $ s CC IS.ceo JlfO. ($) Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc. Form RW-1(1991) ..... ,. ~ ~ 1E&sl Bill &ttb Qrtsl&tlttttl OF BENJAMIN R. FAUST, III I, BENJAMIN R. FAUST, III, of Lower Allen Township, Cumberland County, Pennsylvania, make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST: I give and bequeath my household furniture and furnishings, my personal effects, jewelry, clothing, automobiles and all other tangible personal property, including all insurance policies covering those items, to my wife, BETTY L. FAUST, provided she survives me by sixty (60) days; or, if she does not so survive me, to my son, MICHAEL J. FAUST, and my daughter, CHRISTA F. PERRY, to be divided between them equally as they may agree. SECOND: I devise and bequeath all the rest, residue and remainder of my estate of whatever nature and wherever situate, including any property over which I hold power of appointment and together with any insurance policies thereon, unto my wife, BETTY L. FAUST, provided she survives me by sixty (60) days. THIRD: Should my wife, Betty L. Faust, predecease me or die on or before the sixty-first (61st) day following my death, I devise and bequeath all the rest, residue and remainder of my estate of whatever nature and wherever situate, including any property over which I hold power of appointment and together with any insurance policies thereon, in equal shares, to my son, MICHAEL J. FAUST, and my daughter, CHRISTA F. PERRY, provided that should either child predecease me, I give and bequeath such child's share unto his or her issue per stirpes by representation, and if there be a failure of same, then I give and bequeath such deceased child's share to my surviving child as provided herein. I am specifically making no provision herein for my daughter, McMULLIN, my son, BENJAMIN R. FAUST, IV, and my daughter, CHERYL ANN HAMILTON. \'J ~, FOURTH: In addition to all powers granted to them by law and by other provisions of this Will, I give the fiduciaries acting hereunder the following powers, applicable to all property, exercisable without court approval and effective until actual distribution of all property: (A) To sell at public or private sale, or to lease, for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms (including credit, with or without security) or conditions as are deemed proper. This includes the power to give legally sufficient instruments for transfer of the property and to receive the proceeds of any disposition of it. (B) To partition, subdivide, or improve real estate and to enter into agreements concerning the partition, subdivision, improvement, zoning or management of real estate and to impose or extinguish restrictions on real estate. (C) To compromise any claim or controversy and to abandon any property which is of little or no value. (D) To invest in all forms of property, including stocks, common trust funds and mortgage investment funds, without restriction to investments authorized for Pennsylvania fiduci- aries, as are deemed proper, without regard to any principle of diversification, risk or productivity. (E) To exercise any option, right or privilege granted in insurance policies or in other investments. (F) To exercise any election or privilege given by the Federal and other tax laws, including, but not necessarily being C\.. l~ limited to, personal income, gift and estate or inheritance tax ~ laws. ~ 'JI ::i:~yi:e:::: :::~:~::::e:::::r:::::::::::::::s::a::::r:x::n:::~r (G) To make distributions to my herein named benefici- protect or improve any property held under my will, and for 2 ~ ~ '~ ~) investment purposes. (I) To select a mode of payment under any qualified retirement plan (pension plan, profit sharing plan, employee stock ownership plan, or any other type of qualified plan) to the extent the plan or the law permits them to do so, and to exercise any other rights which they may have under the plan, in whatever manner they consider advisable. FIFTH: I direct that all inheritance, estate, transfer, succession and death taxes, of any kind whatsoever, which may be payable by reason of my death, whether or not with respect to property passing under this Will, shall be paid out of the princi- pal of my residuary estate. SIXTH: All interests hereunder, whether principal or income, which are undistributed and in the possession of the fiduciaries acting hereunder, even though vested or distributable, shall not be subject to attachment, execution or sequestration for any debt, contract, obligation or liability of any beneficiary, and furthermore, shall not be subject to pledge, assignment, conveyance or anticipation. SEVENTH: I nominate and appoint my wife, BETTY L. FAUST, Executrix of this, my Last Will and Testament. In the event of the death, resignation or inability to serve for any reason whatsoever of the said Betty L. Faust, I nominate and appoint my son, MICHAEL J. FAUST, Executor of this, my Last Will and Testament. In the event of the death, resignation or inability to serve for any reason whatsoever of the said Michael J. Faust, I nominate and appoint my daughter, CHRISTA F. PERRY, Executrix, of this, my Last Will and Testament. I direct that my Executor or Executrix, as the case may be, and their successors, shall not be required to post security or a bond for the performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal 3 to this, my Last Will and Testament, this -;/).d day Of~ 1988. ~ 7Z ~SEAL) B j in R. Faust, III Signed, sealed, published and declared by the above- named Testator as and for his Last Will and Testament in our presence, who, at his request, in his presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses. , J fMUb f) OUtllV ! ~~ t, ~~) Address Address 4 Register of Wills of Cumberland County, Pennsylvania OATH OF SUBSCRIBING WITNESS Estate of Benjamin R. Faust III No. 21-- <<'t~ D <jf.cJf.t also known as , Deceased James D. Bogar (each) a subscribing witness to the D codicil(s) [!] will(s) presented herewith, (each) being duly qualified according to law depose(s) and say(s) that she/he/they was/were present and saw the above Testator(rix) sign the same and that she/he/they signed as a witness at the request of Testator(rix) in his/her/their presence and [!] in the presence of each other D in the presence of the N otliersubscribing'iViitness(es). Q~()~ (Signature) James D. Bogar 1 West Main Street Shiremanstown, PA 17011 (Address) (Signature) NOTARIAL SEAl CAROLA. BOGAR, NOTARY PUBLIC SHIREMANSTOWN BORO., CUMBERLAND co. MY COMMISSION EXPIRES NOV. 13 2007 Sworn to or affirmed and subscribed (Address) before me this ..30/Co day (Signature) of I1l tt.-J f7a 4 t; }"~f A_ , / Notary Public l My Commission Expires: (Signature and seal of Notary or otner official qualified to administer oaths. Show date of expiration of Notary's commission.) ~OO& (Address) NOTE: To be taken by officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. Prepared by the Pennsyl'/ariicl Bar Association Copyright (c) 2004 form soltwaro O';iy The Lackner Group, Inc. Form #RW-2 (1991) '\\IV Register of Wills of Cumberland County OATH OF NON-SUBSCRIBING WITNESS Estate of Benjamin R. Faust III No. c9l / cJo.)~' . (jl/(,f/ Also known as , Deceased Michael J. Faust ~ a subscriber hereto, (~being duly qualified according to law, depose(s) and say(s) that he is familiar with the signature of Benjamin R. Faust, III , testat~ of~ ~ the xmm:>>/will presented herewith and that he ~elieves the signature on the~l/will is in the handwriting of Benjamin R. Faust, III to the best of his knowledge and belief. l\ ;\\~ (Name) . ha 1 J. Faust Sworn to or affirmed and subscribed Before me this .=3 j day of ~ ,20~ . ~J7.d4. '-iO/L/l.M ~~ . Register , . (J' '--' -:JIJL1~ ~LAJ- ~ 34 Ashley Drive, Dillsburg, PA 17019 (Address) (Name) (Address) 2"' ", l '.' : ',' -] . <,J' ~.~ ".-' ,.~,,' _' ,'~i ;'....