HomeMy WebLinkAbout07-20-06
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of Don S. Wolford
also known as Donovan S. Wolford
No.
21--
O(P-D~yr
, Deceased
Social Security No. 277 -01-6838
Elizabeth Ann Wolford Constantine
Petitioner(s), who is/are 18 years of age or older, appl(ies) for:
(COMPLETE 'A' or 'B' BELOW)
00 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the
the Decedent, dated 07/24/1992 and codicils dated 06/26/2002
Executrix
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:
D B. Grant of Letters of Administration
(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:
I Name
Relationship
Residence
I
(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 100 Mt. Allen Drive, Mechanicsburg, PA 17055
(list street, number, and municipality)
Decedent, then
93
years of age, died
04/10/2006
at 100 Mt. Allen Drive, Upper Allen Township, Mechanicsburg, PA 17055
(Location)
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
140,000.00
$
$
$
$
situated as follows:
Wherefore, 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
Elizabeth Ann Wolford Constantine, 30 Oxford Drive
) Mechanicsburg, PA 17055
Prepared by the Pennsylvania Bar Association
Copyright (c) 2004 form software only The Lackner Group, Inc
Form RW-1 (1991)
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Commonwealth of Pennsylvania
County of Cumberland
Oath of Personal Representative
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
before me this
I) 1\ (V-
," ~. day of
~ .
X · tdL~ J f!4~
E~h Ann Wolford Con tantln.
2 \t\U
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{ L. t <r (, (r r )
No.
21-- ()(P'C&Y6
Estate of Don S. Wolford
also known as Donovan S. Wolford
Social Security No:
AND NOW,
, Deceased
277 -01-6838 Date of Death:
(}/i ill 7-- G ~
I
04/10/2006
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, in consideration
of the Petition on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters 00 Testamentary Dof Administration
are hereby granted to Elizabeth Ann Wolford Constantine, Executrix
(c.t.a.; d.b.nc.t.a.; pendente lite; durante absentia; durante minoritate)
in the above estate and that the instrument(s) dated
described in the Petition be admitted to probate and filled of record as the last Will of Decedent.
~ ji, Jim.i.' S/rzt J P tJ;ll
Register 0 ills
Attome~~
I.D.No: 19475
Bogar & Hipp Law Offices
One West Main Street
FEES
Letters,..................................,...,., $
Short Certificate(s)...................... $
Renunciation.............................. $
Affidavits (
).............,..............$
).....L,~.!.I.I.......$
ExtF~ (
COdicil..................................,....... $
JCP Fee.............:-:f,...!tIl..D.i......$
Inventory...................................... $
Other.............................".............. $
TOTAL............................ $
7/24/1992
6/26/2002
2"0
.JC
/kif ('). flty~5
5
I $
Address:
15
'IS
Shiremanstown, PA 17011
Telephone: 717-737-8-761
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E-Mail:
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33 (} . c (J
Form RW-1 (1991)
Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner GroUjj,.incJ~it::.::C)
Register of Wills of
Cumberland
County, Pennsylvania
OATH OF SUBSCRIBING WITNESS
Estate of
Don S. Wolford
No. c2 ( ~ () (p. 0 if L{ 6'
also known as Donovan S. Wolford
, Deceased
Thomas A. Baldwin, Esquire
(each) a subscribing witness to the ~ 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 0 in the presence of the
other subscribing wiitness(es).
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Thomas A. Baldwin, Esquire
2345 Kemper Lane
P. O. Box 6129
Cincinnati, OH 45206-0129
(Address)
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NOTE: To be taken by officer authorized to administer oaths.
Please have present the original or copy of instrument(s)
at time of notarization.
Form # RW-2 (1991)
Register of Wills of Cumberland County
OATH OF NON-SUBSCRIBING WITNESS
Estate of Don S. Wolford
No.
:)1- 0 ([;- 0 ~ 4 r
Also known as Donovan S. Wolford
, Deceased
Elizabeth Ann Wolford Constantine
tezwb) a subscriber hereto, (ooxk:) being duly qualified according to law, depose(s) and say(s) that
she is familiar with the signature of Don S. Wol ford , testat~ of(~~~
~3CXi>>i:tlg~e!SX~!l{) the codicil/will presented herewith and thatshe l'mbElfe/believes the signature
on the codicil/will is in the handwriting of Do n S. W 01 for d to the best of
her knowledge and belief.
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(Na e) Elizabeth A Wolford Constantine
Sworn to or affirmed and subscribed
Before me this day of
,20_
8230 Oxford Drive, Mechanicsburg, PA
(Address) 17055
Register
Deputy
(Name)
(Address)
90 :01 Wt 0 ~ -"~"
G Ii If SOUZ
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Register of Wills of
Cumberland
County, Pennsylvania
RENUNCIATION
Don S. Wolford, a/k/ a Donovan S. Wolford
No.
JI-O(P-'O~4r;
Estate of
also known as
, Deceased
The undersigned,
James Jordan Wolford '
Son Co-Executor
(Relationship) (Capacity)
the above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that Letters be issued to
of
Elizabeth Ann Wolford Constantine
WITNESS my/our hand(s) this
(~rr~ ~~/ 1V~d
James Jordan Wolford
850 Aberdeen Court
Bolinabrook. IL 60440-1134
(Address)
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Sworn to or affirmed and subscribed
before me this
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day
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Notary Public
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My Commission Expires:
(Signature and seal of Notary or other official
qualified to administer oaths. Show date of
expiration of Notary's commission.)
Prepared by the Pennsylvania Bar Association
Copyright (c) 2004 form software Dnly The Lackner Group, Inc.
NOTE: Renunciations executed outside the Office of Register of Wills
in some counties are required to be notarized.
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, H REMANSTOWNBORO.,'CUMBERLANrrco
MY COMMISSION EXPIRES NOV. 13, 2007 .
Form#RW-4 (1991)
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH STATHllENIlMBER
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TYPEi!'flfHT Of
PERMAHENT
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Cumberland County
Upper Allen Township
Upper Allen T~
rib. eou"",
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19. Mochf('Name(f"nt.~.lN.iStnSUfNrN)
Martha L. Semler
2Ob. InlonNnt's MlMg Address (SUe<<. cty.1own. 1lI1.. zil c:odt)
Emory C. Wolford
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30 N. Chestnut Street, Dlllsburg, PA 17019
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LAST WILL AND TESTAMEN'l'
OF
r,)
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C':~:,.t
C:'-"'\.
DON S. WOLFORD
r~ ~_~ ~2
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Cf
I, DON S. WOLFORD aka DONOVAN SEMLER WOLFORD, of Butler,
;:.:'-jil
County, Ohio, declare this to be my Will and I revoke any: priore,
0",
will or codicil.
FIRST:
I am married to DOROTHY J. WOLFORD, herein
referred to as my wife or my spouse. I have two children, both of
my marriage to Dorothy: JAMES JORDAN WOLFORD and ELIZABETH ANN
WOLFORD CONSTANTINE.
SECOND:
I direct that all of my enforceable debts (other
than claims of any mortgage), my funeral expenses, and the cost of
administration of my estate be paid as soon as practicable after my
death. All estate, inheritance, transfer, succession, legacy and
other similar taxes, including any interest and penalties thereon,
which shall become payable upon or with respect to any and all
property required to be included in my taxable estate under the
provisions of any tax law, whether or not passing under this will
or any Codicil hereto (eXCluding, however, any such taxes
attributable to any trust property required to be included in my
taxable estate), shall be paid out of my residuary estate as an
administration expense, without proration or apportionment against
any legatee, devisee, beneficiary, transferee, or other recipient
of such property. All my funeral expenses, last illness expense
and estate administration expenses shall be similarly paid from the
principal of my estate.
)9~d~
DON S. WOLFORD .
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THIRD:
I give and devise all my tangible personal
property, together with any fire, theft or other insurance covering
such property, to my wife, if she survives me for a period of
thirty (30) days. If my wife should not survive me for such
period, then all my tangible personal property shall be distributed
to my then living children, to be divided among them by themselves,
or otherwise disposed of as they see fit. If the children have not
agreed upon the division within three (3) months after the
appointment of my executrix, the same shall be divided by my
executrix among the children in as nearly equal shares as
practicable, as my executrix, in her sole discretion may
determine. Notwithstanding the foregoing I give and devise certain
specific items of my tangible personal property to my Executrix or
her successor to be distributed as I have directed in the separate
memorandum signed most recently by me for this purpose. Any
storage or delivery costs shall be paid by my estate.
FOURTH:
All the rest, residue and remainder of my estate,
both real and personal, of whatsoever kind, nature and description
and wheresoever situated, which I may own or have the right to
dispose of by my Will at my death (my "residuary estate"), I give
and devise to the Trustee then in office under a certain Trust
Agreement dated July 24, 1992, created by myself, DON S. WOLFORD,
as both "Grantor" and "Trustee", to be added to the principal of
such trust and held, administered and disposed of as a part
thereof.
~,cf~
DON S. WOLFORD
2
FIFTH:
I appoint my wife as executrix of this, my Last
Will and Testament. If for any reason she shall fail or cease to
act as such executrix, I appoint my son JAMES JORDAN WOLFORD and my
daughter ELIZABETH ANN WOLFORD CONSTANTINE, or the survivor of them
in her place and stead. My executrix and her successor shall not
be required to give any bond or security of any kind in any
jurisdiction in which they may act.
SIXTH:
without limitation of the powers conferred upon
them by law, I authorize and empower my executrix and her
successor:
(a) To retain any investments, securities or other property
in my estate in the same form as received by them.
(b) To sell, at public or private sale, transfer, assign,
convey, exchange, lease for a term or perpetually and with or
without privilege of purchase, pledge, mortgage or otherwise
dispose of any investments, securities or other property, real or
personal, held in my estate without appraisement, valuation,
advertisement, notice, court order or other legal formality, and
for such amount on such terms of credit or otherwise as they may
deem advisable. No purchaser need look to the application of the
purchase money.
(c) To employ a licensed real estate broker or brokers, in
connection with the sale of any real property held in my estate,
and to pay a real estate brokerage commission for services rendered
by the broker or brokers effecting such sale.
~A~
DON S. WOLFORD--
3
(d) To invest and reinvest any of the funds held in my
estate in such amounts as they may see fit in such stocks, bonds or
other investments or property, as they may, in their discretion,
deem advisable, all without reference to the laws of any state,
court order, or the rules of any court governing the investments of
executors.
(e) To improve, insure, manage and otherwise deal with any
real estate in their absolute discretion.
(f) To value any securities, investments or other property
in my estate for the purpose of making distribution thereof, and
any value so placed on any property by my executrix or her
successor shall be final, binding and conclusive upon all persons
whomsoeve r .
(g) To compromise any and all claims in favor of or against
my estate as they deem proper.
(h) To give proxies for corporate stocks, bonds or other
securities, with or without power of substitution, or to vote in
person such stocks or securities at corporate meetings, and also to
consent to or approve such corporate changes as shall to them seem
advisable; and to exercise or sell any options, rights or
privileges with respect to any stocks, bonds or other securities
held in my estate.
(i) To file joint federal income tax returns of the income
of my wife and myself for any period or periods for which such a
Dt€~d~
4
return may be permitted, and I request my executrix or her
successor to do so if the same appears to bring about less taxes
than the aggregate amount payable on separate returns and any
additional tax, interest and penalty thereon.
(j) To claim as income tax deductions, all or any portion of
the expense of administration of my estate, expenses for my estate,
expenses for my taxes imposed upon my estate and/or on the income
therefrom and/or on the income received by the beneficiaries from
my estate. I further direct my executrix or her successor not to
make any adjustments between income and principal or in the amount
of any bequest passing to any beneficiaries of my estate as a
result of any such election.
Each and all of the foregoing may be done without court order
or other legal formality and my executrix or her successor shall
not be liable to any person whomsoever by reason of carrying out
the provisions hereof.
IN WITNESS WHEREOF, I have hereunto subscribed my name to
this, my Last Will and Testament, consisting of this page and the
four (4) previous typewritten pages, each bearing my signature at
the bottom, thi~1L~day Of~~~ ,1992.
cf}C/t//~
DON S. WOLFORD .
5
Signed, published and declared by DON S. WOLFORD, the
testator, as and for his Last Will and Testament, in the presence
of the undersigned witnesses, who, at his request, in his presence
and in the presence of each other, signed the same as witnesses, on
the day and year above mentioned.
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FIRST CODICIL TO
LAST WILL AND TESTAMENT
OF
DON S. WOLFORD
I, DON S. WOLFORD, being of sound mind, do hereby make, publish and declare this to
be the First Codicil to my Last Will and Testament dated July 24, 1992.
Article FIFTH shall read as follows:
FIFTH:
I appoint my son, JAMES JORDAN WOLFORD and my daughter,
ELIZABETH ANN WOLFORD CONSTANTINE, or the survivor of them, to act as executor.
My executors and their successors shall not be required to give any bond or security of any kind
in any jurisdiction in which they may act.
I hereby ratify and confirm my said Last Will and Testament in all other respects.
IN WITNESS WHEREOF, I have hereunto set my hand to this First Codicil to my Last
Will and Testament at Cincinnati, Ohio, on this 26th day of June, 2002.
::l)/tlLA %~d!
DON S. WOLFORD
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This Codicil was, on the date hereof, signed, declared, acknowledged and published by
DON S. WOLFORD, whom we and each of us believe to be of sound and disposing mind and
memory, to be the First Codicil to his Last Will and Testament, in our presence, who at his
request and in his presence and in the presence of each other have subscribed our names hereto as
.#~ last aforesai:DREss
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