HomeMy WebLinkAbout06-19-06
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of JEANNE L. BOWERS
also known as
To:
No. 2-1 -0 (() "05</-6
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
Social Security No.
Deceased.
177-24-3738
The petition of the undersigned respectfully represents that:
Y our petitioner is 18 years of age or older and the Executor named in the last will of the above
decedent, dated January 23,2002, and codicil(s) [none].
Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or
principal residence at 558 West Penn Street, Carlisle Borough.
Decedent, then 74 years of age, died May 21, 2006 at 558 West Penn Street, Carlisle,
Cumberland County, P A.
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:
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; Carlisle Borough, Cumberland County
$ unestimated
$
$
$
$ unestimated
WHEREFORE, petitionerrespectfully r, uests the probate ofth
herewith and the grant of letters testamentary the n.
David A. Fitzsimons, Esquire
10 East High Street
Carlisle, P A 17013
(717) 243-3341
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA )
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COUNTY OF CUMBERLAND )
The petitioner above-named swears or affirm that the statements in the foregoing petition are true
and correct to the best of the knowledge and belief of petitioner and that as personal representative of the
above decedent, petitioner will well and truly ~,r the cc' 0 law.
Sworn to or affirmed and subscribed
before ~e this I q day of
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'-f&>- '-m)J.{U.I~ Register
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Estate of Jeanne L. Bowers, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW, \JLUJf I~ 2..{)O{P
, 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 January 23,2002 described therein be admitted to probate
and filed of record as the last will of Jeanne L. Bowers and Letters Testamentary are hereby granted to
David A. Fitzsimons.
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David A. FItzsimons, Esquire (41722)
ATTORNEY (Sup. Ct. 1.0. No.)
MARTSON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Will Book #
Page
FEES
Probate, Letters, Etc.
Short Certificates( S)
R@m,n~ei&tioR Wi II
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TOTAL
Filed JUn (. I q,3..&O&
$ f,(jJO, DD
$ .:<.0.00
$ /5.00
$ Ie:: 00
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$ -110. DO
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F\FILESIDAT AFll..EIEST ATES\12091.I.petition.ltr
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Last Will and T estaJtllerif-'~
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OF
JEANNE L. BOWERS
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I, JEANNE L. BOWERS, of the Borough of Carlisle, Cumberland County,
Pennsylvania, do make, publish and declare this to be my Last Will and Testament,
hereby revoking all Wills and Codicils by me at any time made.
ITEM I: I direct that all inheritance and estate taxes becoming
due by reason of my death, whether payable by my estate or by any recipient of any
property, shall be paid by the Executor out of the residue of my estate, as an expense
and cost of administration of my estate. The Executor shall have no duty or obligation
to obtain reimbursement for any such tax so paid, even though on proceeds of insurance
or other property not passing under this Will.
ITEM II: I direct the Executor to pay the expenses of my last
illness and funeral expenses from the residue of my estate as an expense and cost of
administration of my estate.
ITEM III: I may leave a written list in my safe deposit box or
elsewhere disposing of certain items of my tangible personal property. The Executor
shall dispose of items of my personal property as specified in the written list. If no
written list is found in my safe deposit box or elsewhere and properly identified by the
Executor within thirty (30) days after the probate of my Will, it shall be presumed that
there is no other statement or list. Any subsequent discovered list shall be ignored. I
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give and bequeath my household furniture and furnishings, books, pictures, jewelry,
silverware, automobiles, wearing apparel and all other articles of household or personal
use or adornment not mentioned in the written list and all policies of insurance thereon
to my children then living, to be divided between them as they shall agree. Should the
beneficiaries be unable to agree, the Executor shall divide this property in as nearly
equal portions as the Executor, in the sole discretion of the Executor, deems practical,
having due regard to the personal preferences of the beneficiaries.
ITEM IV: I give the residue of my estate, not disposed of in the
preceding portions of this Will, to my children in equal shares. If any of my children is
not living at the time of my death, his or her share shall be paid to his or her then living
issue, per stirpes. If, however, any issue of a deceased child has not attained the age of
thirty (30) years at the time of my death, his or her share shall be held IN TRUST by
FIRST UNION NATIONAL BANK, or its successors, as Trustee, IN TRUST
NEVERTHELESS, and shall be administered and distributed as follows:
(a) The Trustee shall pay to or for the benefit of the beneficiary
so much of the income and so much of the principal of this Trust as may be
necessary, in the sole discretion of the Trustee, after considering all other
available resources, as the Trustee considers necessary for the proper
support, maintenance, medical care and education of the beneficiary.
(b) Upon the attainment of the age of twenty-one (21) years by
the beneficiary, he or she shall receive one-third 0/3) of the principal of his
or her separate trust. Upon the attainment of the age of twenty-five (25)
years by the beneficiary, he or she shall receive one-third (1/3) of the then
remaining principal of his or her separate trust. Upon the attainment of
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the age of thirty (30) years by the beneficiary, the Trust shall terminate,
and the Trustee shall distribute to the beneficiary all of the remaining
assets of his or her separate Trust.
(c) If the beneficiary dies before final distribution of the assets of
his or her Trust, but is survived by then living issue, the Trustee shall
quarterly pay the net income from this Trust to or for the benefit of the
beneficiary's issue, per stirpes, living at each time of quarterly distribution.
As soon as anyone of the beneficiary's issue attains the age of twenty-one
(21) years but in no event later than twenty (20) years following the death
of the beneficiary, the Trustee shall pay over all of the assets in the Trust
to the then living issue of the beneficiary, per stirpes. Should such
beneficiary die before final distribution of this Trust and not be survived
by issue, the provisions of Subparagraph (d) shall apply.
(d) If, before final distribution of the assets of any Trust
established for issue of a deceased child, there is no living beneficiary of
that Trust, it shall terminate. The principal of the Trust shall be added to
the outright shares or other trusts created under this Will for the benefit
of my children or their issue, in the same proportions in which the shares
or trusts were origi9ally funded. If any Trust created for issue of my
deceased children had previously been terminated, the beneficiaries who
receive the principal of that Trust shall collectively be considered a trust
for the purpose of this paragraph, and one share shall be paid directly to
each beneficiary in the same proportion by which each received the
principal of the Trust. If any beneficiary is deceased, the share of the
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deceased beneficiary shall be paid to his or her then living issue, per stirpes.
(e) In the event I am not survived by my children or any issue of
my children, or in the event there are no issue of mine surviving upon the
termination of any trust, the principal shall be paid in equal shares to my
sister-in-law, PATRICIA HEFFNER, my sister-in-law, LOUISE KADEL,
and my son-in-law, DAVID A. FITZSIMONS, if they survive me. In the
event I am not survived by any of the above-mentioned persons, his or her
share of my estate shall be paid to the FIRST EVANGELICAL
LUTHERAN CHURCH, Carlisle, Pennsylvania.
ITEM V: No part of the income or principal of any Trust created
by this Will shall be subject to attachment, levy or seizure by any creditor, spouse,
assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual
receipt of income or principal distributed. The Trustee shall pay the net income and
the principal to the beneficiaries specified by me, as their interests may appear, without
regard to any attempted anticipation, pledging or assignment, and without regard to
any claim or attempted levy, attachment, seizure or other process against the
beneficiary .
ITEM VI: The Executor and the Trustee shall each possess the
following powers, each of which may be exercised without court approval and in a
fiduciary capacity only:
(a) To retain any investments I have at my death, including
specifically those consisting of stock of any bank even if I have named that
bank as the Executor or Trustee.
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(b) To vary investments, and to invest in bonds, stocks, notes,
real estate mortgages or other securities or in other property, real or
personal, without being restricted to so-called "legal investments", and
without being limited by any statute or rule of law regarding investments
by fiduciaries.
(c) In order to divide the principal of a Trust or for any other
purpose, including final distributions, the Executor and Trustee are
authorized to divide and distribute personal property and real property,
partly or wholly in kind, and to allocate specific assets among beneficiaries
and Trusts so long as the total market value of each share is not affected
by the division, distribution or allocation in kind. The Executor and
Trustee are each authorized to make, join in and consummate partitions of
lands, voluntarily or involuntarily, including giving of mutual deeds, or
other obligations, with as wide powers as an individual owner in fee
simple.
(d) To sell either at public or private sale real and personal
property severally or in conjunction with other persons, and to
consummate sale(s) by deed(s) or other instrument(s) to the purchaser(s),
conveying a fee simple title. No purchaser shall be obligated to see to the
application of the purchase money or to make inquiry into the validity of
any sale(s). The Executor and Trustee are authorized to execute,
acknowledge and deliver deeds, assignments, options or other writings as
necessary or convenient to any of the power conferred upon the Executor
and Trustee.
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(e) To mortgage real estate, and to make leases of real estate.
(f) To borrow money from any person, including the Executor or
Trustee, to pay indebtedness of mine or of my estate, expenses of
administration or inheritance, legacy, estate and other taxes, and to assign
and pledge assets of my estate or any Trust established by this Will.
(g) To pay all costs, taxes, expenses and charges in connection
with the administration of my estate or any Trust established under this
Will. If any death taxes are payable with respect to my estate, these taxes
shall be paid from the residue of my estate.
(h) To make distributions of income and of principal to the
proper beneficiaries, during the administration of my estate, with or
without court order, in such manner and in such amounts as the Executor
deems prudent and appropriate.
(i) To vote shares of stock which form a part of my estate or any
Trust established under this Will, and to exercise all the powers incident to
the ownership of stock.
(j) To unite with other owners of property similar to property in
my estate to carry out plans for the reorganization of any company whose
securities form a part of my estate.
(k) To disclaim any interest in property which would devolve to
me or my estate by whatever means, including but not limited to the
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following means: as beneficiary under a will, as an appointee under the
exercise of a power of appointment, as a person entitled to take by
intestacy, as a donee of an inter vivos transfer, and as a donee under a
third-party beneficiary contract.
(l) To prepare, execute and file tax returns of any type required
by applicable law, and to make all tax elections authorized by law.
(m) To employ custodians of property, investment or business
advisors, accountants and attorneys as the Executor or Trustee deems
appropriate, and to compensate these persons from assets of my estate or
trust, without affecting the compensation to which the Executor and
Trustee are entitled.
(n) To divide any Trust created in this Will into two or more
separate Trusts so that inclusion ratio for purposes of the generation-
skipping transfer tax shall be either zero or one, in order that an election
under Section 2652(a)(3) of the Internal Revenue Code may be made with
respect to one of the separate Trusts, or for any other reason.
(0) To allocate administrative expenses to income or to principal,
as the Executor or Trustee deems appropriate. However, no allocation to
income shall be made if the effect of the allocation is to cause a reduction
in the amount of any estate tax marital deduction or estate tax charitable
deduction.
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(p) To do all other acts in their judgment necessary or desirable
for the proper and advantageous management, investment and
distribution of the estate and Trusts established under this Will.
ITEM VII:
The Trustee is authorized to distribute principal
and/or income in anyone or more of the following ways if the Trustee, in the sole
discretion of the Trustee, considers the beneficiary unable to apply distributions to the
beneficiary's own best interests, or if the beneficiary is under a legal disability:
(a) Directly to the beneficiary;
(b) To the legal guardian or conservator of such beneficiary;
(c) To the Trustee, or to another person selected by the Trustee,
as custodian under the Pennsylvania Uniform Transfers to Minors Act as
to a beneficiary under the age of twenty-one (21) years;
(d) To a relative of the beneficiary, to be expended by that
relative for the benefit of the beneficiary; or
(e) By directly applying distributions for the benefit of the
beneficiary .
ITEM VIII:
Any person who has died within thirty (30) days of my
death, or under such circumstances that the order of our deaths cannot be established
by proof, shall be deemed to have predeceased me. Any person (other than myself) who
has died at the same time as any beneficiary under this Will, or in a common disaster
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with that beneficiary, or under such circumstances that the order of deaths cannot be
established by proof, shall be deemed to have predeceased that beneficiary.
ITEM IX:
I make the following provisions with respect to
Executors and Trustees:
(a) I appoint my son-in-law, DAVID A. FITZSIMONS, to serve as
Executor. In the event of his death, inability or refusal to serve, I appoint
my son, JACK G. BOWERS, to be the Executor.
(b) I appoint FIRST UNION NATIONAL BANK, or its
successors, to be the Trustee.
(c) Each Trustee shall have the power to appoint his or her
successor.
(d) Each appointment of a successor Trustee shall be in writing
and shall be filed with the court in the jurisdiction which is the situs of the
Trust. The written instrument shall be signed by the person having the
power to make the appointment.
(e) Each Executor and Trustee shall have the right to receive
reasonable compensation for services rendered.
(f) Each Executor and Trustee is specifically relieved from the
duty of filing bond or entering security.
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IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will
and Testament, consisting of this and the preceding nine (9) pages, at the end of each
page of which I have also set my initials for greater security and better identification
this a S day Of,fI:t"'tlUl'~-'j _ , 2002.
~~V{~oi'~~-'" 'C-7oC-/ (SEAL)
We, the undersigned, hereby certify that the foregoing Will was signed,
sealed, published and declared by the above-named Testatrix as and for her Last Will
and Testament, in the presence of us, who, at her request and in her presence and in the
presence of each other, have hereunto set our hands and seals the day and year first
above written, and we certify that at the time of the execution thereof, the said
Testatrix was of sound and disposing mind and memory.
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF JfIa~,(f?At~
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I, JEANNE L. BOWERS, 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 and Testament;
that I signed it willingly; and that I signed it as my free and voluntary act for the
purposes therein expressed.
(SEAL)
Sworn to anj subscribed before
me this ~ J" day of
JC\Y\'''/\'--l ' 2002.
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Notary Public
My Commission Expires:
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF On L\ Orl1rU
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We, -r~ \ t't\ \L o,d Ex::tLd , \-J:,l/J /1 /1) /(?/~nr1l) and
(".':/'L\. ':A'.\. r\ \/ (\ nd2'\jc;,C' VI , 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 Testatrix, JEANNE L. BOWERS, sign and execute the
instrument as her Last Will and Testament; that Testatrix signed willingly and that she
executed said Will as her free and voluntary act for the purposes therein expressed; that
each of us in the hearing and sight of the Testatrix signed the Will as Witnesses; and
that to the best of our knowledge the Testatrix was at that time eighteen (18) or more
years of age, of sound mind and under no constraint or undue influence.
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Sworn to ane} subscribed before
mj this :is ,-,' day of
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My Commission Expires:
(SEAL)
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