HomeMy WebLinkAbout07-06-06
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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
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
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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
$
$
$SBLf'I../()(),()/J
,
situated as follows: 1878 Holly Pike, Carlisle, South Middleton Township, Cumberland County, Pennsylvania
Wherefore, Petitioner(s) respectfully request(s) the probate of the Last Will and Codicil(s) presented with this
Petition and the grant of letters in the appropriate form to the undersigned:
Signature Typed or printed name and residence
~~
Carolyn Ann Flohr, 1878 Holly Pike, Carlisle, PA 17013
Kay Paulette Flohr, 1878 Holly Pike, Carlisle, P A ] 7013
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
Sworn to or affirmed and subscribed
before me this \l...fT~ay of
__~",c"5 ' 2006
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Forth, R,gi,te'j><' ~~
No.o!/- OlD -691
Estate of Fay Ann Barbour Flohr, Deceased
Social Security No: 161-16-1264 Date of Death: April 11, 2006
AND NOW, this ~ day of ~... ~cS' ,2006, in consideration of the
attached Petition, satisfactory proof having ~n presented before me, IT IS DECREED that Letters
Testamentary [X] Administration [ ]
(c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
are hereby granted to Carolyn Ann Flohr and Kay Paulette Flohr in the above estate and tha..t the
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FEES
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instrument(s) dated February 20, 2001 described in the Petition be admitted to probate and file(i'ofreco~
as the last will of Decedent.
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Letters.. .. .. .. .. .. .. .. .. .....$ 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)
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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:
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Page 1 of8
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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.
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Dated: ':+". .(~r.{,'
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,2001
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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:
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(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.
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Fay Ann Barbour Flohr
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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)
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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
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(WITNESS)
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