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HomeMy WebLinkAbout07-06-06 c Estate of fay Ann Barbour Flohr also known as Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS No.c21 - ()/.p, 5q1 Deceased Social Security No. 161-16-1264 Petitioner(s), who is/are 18 years of age or older, applies) for: (COMPLETE "A" of"B" BELOW:) D A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the executrices named in the Last Will of fay Ann Barbour Flohr, the Decedent, dated February 20, 2001 and codicils) dated (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: LJ 8. Grant of Letters of Administration (c.t.a.; d.b.n.c.t.a, pendente 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: Name Relationship R(,:sidence "".....} c:=J ~.:.;.''''\ JJ . '-;-1 " .:.-) <::J -ur1 ; ~~~ l-;j -' (:~) (") . -.-::.), -n ('') ['1'1 ~') I--j C'i -c,"J (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. 'j r'V Decedent was domiciled at death in Cumberland County, Pennsylvania with her last family or principal residence at 1878 Holly Pike, Carlisle, South Middleton Township, Cumberland County, Pennsylvania (list street number, and municipality) Decedent, then 87 years of age, died on April 11, 2006 at Thornwald Home, Carlisle Borough, Cumberland Co. PA (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 $_,~50.,()(J $ $ $SBLf'I../()(),()/J , situated as follows: 1878 Holly Pike, Carlisle, South Middleton Township, Cumberland County, Pennsylvania Wherefore, Petitioner(s) respectfully request(s) the probate of the Last Will and Codicil(s) presented with this Petition and the grant of letters in the appropriate form to the undersigned: Signature Typed or printed name and residence ~~ Carolyn Ann Flohr, 1878 Holly Pike, Carlisle, PA 17013 Kay Paulette Flohr, 1878 Holly Pike, Carlisle, P A ] 7013 Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland Sworn to or affirmed and subscribed before me this \l...fT~ay of __~",c"5 ' 2006 ~rr(".!;h:.m l' ~:n.:t' Forth, R,gi,te'j><' ~~ No.o!/- OlD -691 Estate of Fay Ann Barbour Flohr, Deceased Social Security No: 161-16-1264 Date of Death: April 11, 2006 AND NOW, this ~ day of ~... ~cS' ,2006, in consideration of the attached Petition, satisfactory proof having ~n presented before me, IT IS DECREED that Letters Testamentary [X] Administration [ ] (c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) are hereby granted to Carolyn Ann Flohr and Kay Paulette Flohr in the above estate and tha..t the ;---"" ~:.~ I ~-.." FEES (--.) instrument(s) dated February 20, 2001 described in the Petition be admitted to probate and file(i'ofreco~ as the last will of Decedent. c ~. -';~1 ----j Letters.. .. .. .. .. .. .. .. .. .....$ 51 () .to Short Certificates..........$ 4-.to Renunciation............... $ Attorney: Affidavits ( ).............$ Extra Pages ( )u-.J...\\....$ 15 m J.D. No.: 78014 Address: 4833 Spring Road Codicil. . . . . . . . . . . . . . . . .. . ....$ Shermans Dale. PAl 7090 JCP Fee......................$ \0,1.\0 Telephone: (7 I 7) 582-4006 Inventory................. ...$ Other~-t0".~"\'...o..$ 5 ...Ob TOTAL.................... ..$6+4 .crt) . . "_~ 1-- (,.\+"- 5(';1 WILL I, Fay Ann Barbour Flohr, of Carlisle, Pennsylvania, being of sound mind, hereby revoke my prior wills and codicils and declare this to be my will: GIFTS I. Personal and Household Effects: I give all my jewelry, clothing, furniture, automobiles and other articles of personal or household use, including insurance on that property: A. To Children/Descendants: In equal share to those of my children, Carolyn Ann Flohr and Kay Paulette Flohr, and my grandson, Matthew William Flohr, who survive me by thirty (30) days to be divided as they may agree. In the absence of agreement, the division shall be made as my executor may think appropriate. My executor may choose for a minor child and distribute the property to the minor or to any person to hold for the minor. Any articles which my executor considers to be unsuitable for minors, however, may be sold, with the proceeds added to my residuary estate. II. Residuary Estate: I give the residue of my estate: , --.. Page 1 of8 ~,) J f'.:J A. To Children/Descendants: In equal share to those of my children, Carolyn Ann Flohr and Kay Paulette Flohr, and my grandson, Matthew William Flohr, who survive me by thirty (30) days. If a child does not survive me by thirty (30) days, but leaves descendants who survive me by thirty (30) days, those descendants shall receive, per stirpes, the share that the child would have received had she survived me by thirty (30) days. III. Powers of Appointment: No provision of this Will shall exercise any power of appointment that I may have. ADMINISTRATIVE PROVISIONS IV. Death Taxes: All federal, state and other death taxes payable because of my death on the property forming my gross estate for tax purposes, whether or not it passes under this Will, shall be paid out of the principal of my probate estate so that the burden falls on my residuary estate. None of those taxes shall be charged against any beneficiary. This article shall not apply to generation-skipping taxes and any property over which I have a general power of appointment for federal estate tax purposes. V. Tax Options: I authorize my executor to exercise any options available in determining and Page 2 of8 paying any taxes in my estate, and to allocate my generation-skipping tax exemption. These decisions may be made without requiring adjustments between income and principal. The decision of my executor shall be conclusive upon all persons concerned. VI. Beneficiaries Under Twenty-One (21) Years of Age: Any property passing under this Will to a person under twenty-one (21) years of age shall be paid to his parent as custodian for that beneficiary under the Uniform Transfers to Minors Act ofPennsy1vania. Ifhis parent for any reason fails to qualify or ceases to act as custodian, my executor shall appoint the custodian in her place. VII. Protective Provisions: To the greatest extent permitted by law, before actual payment to a beneficiary or to his or her account, no interest in income or principal shall be assignable by a beneficiary or available to anyone having a claim against a beneficiary. VIII. Management Provisions: I authorize my executor to: A. RetairJlnvest: Retain and invest in any' form of real or personal property anywhere which, in my executor's opinion, is appropriate for my estate, without being required to diversify; Page 3 of8 B. Compromise: Compromise claims and abandon any property which, in my executor's opinion, is of little or no value; C. Borrow: Borrow from anyone and pledge property as security for repayment of any funds borrowed; D. SelVLease: Sell at public or private sale, exchange or lease or lend for any period of time, any real or personal property, and give options for sales or leases; E. Capital Changes: Join in any merger, reorganization, voting trust plan or other concerted action of security holders and delegate discretionary duties with respect to these powers; F. Distribute: Distribute in cash or in kind and allocate specific assets among the beneficiaries (including any custodianship) in such proportions as my executor may think best, so long as the total market value of any beneficiary's share is not affected by such allocations. The powers, authorities and discretion given under my will shall be in addition to those granted by law, shall continue until the distribution of the property, and shall be exercisable without court authorization. Page 4 of8 FIDUCIARIES IX. Executor: I appoint Carolyn Ann Flohr and Kay Paulette Flohr to act as Co-Executors of my Will. If they fail to qualify or cease to act, I appoint Matthew William Flohr executor. I direct that: A. Conflicts ofInterest: My executor may use any aspect of the investment or banking business operated by an entity in which any executor has an interest and may pay such entity its customary fees, regardless of any rule regarding conflicts of interest. B. Resignation: Any executor may resign at any time without court approval. C. Bond: No executor shall be required to give bond or security in any jurisdiction. ..-r /' Dated: ':+". .(~r.{,' '/ / A. ,2001 ." -0' " ' 'I ./<, ri,., / /' '. '",' ,,' )." . ,,' ~-/(. -- ":;7",<,../{ C,/VIC.. vt'"tl:-.;..{..fi/ <.f C j .' FAY ANN BARBOUR FLOHR Page 5 of8 In our presence Fay Ann Barbour Flohr signed this and declared it to be her Will, and now at her request, in her presence, and in the presence of each other we sign as witnesses: I f J;": ~" "y'" ,... Lv/ ! ~Zd"'t{'t> --/' (WITNESS) .tn~ 'v r\ (>~ 2' JL' \ 'ZJz 14 ...../'L. ~_ _" I. ;;,L-- .I'") _' .../ t ~ ' ....t'_L". '- (WITNESS) Page 6 0[8 ST ATE OF PENNSYLVANIA COUNTY OF CUMBERLAND I, Fay Ann Barbour Flohr, having been duly qualified according to law, acknowledge that I signed the foregoing instrument as my Will, and that I signed it as my free and voluntary act for the purposes therein expressed. -;;["1 /L:,P/ b",dft~. Fay Ann Barbour Flohr (,::7--6; Ie..-( We, having been duly qualified according to law, depose and say that we were present and saw Fay Ann Barbour Flohr sign the foregoing instrument as her Will; that she signed it as her free and voluntary act for the purposes therein expressed; that each of us in her sight and hearing and at her request signed the Will as witnesses; and that to the best of our knowledge she was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. [/)db&;t ~ ftD1kd- (WITNESS) Page 7 of8 4 . , Subscribed, sworn to or affirmed, and acknowledged before me by the above- named testator and by the witnesses whose names appear opposite on ~j, OI~+H My Commission Expires: ,2001 Page 8 of8 (' C ~.- "; ~<_A-'_-"- ('t r"" ;) /-;" I '13 VA .I/r I'l.;;tf- (WITNESS) ~ L!1~ NOT Y PUBLIC