HomeMy WebLinkAbout12-08-06
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of Ethel L. Brixius
also known as
No. 21-2006- i O~ 5
, Deceased
Social Security No. 188-12-1282
Dennis W. Brixius
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 Executor named in the last Will of
the Decedent, dated 07/17/1994 and codicils dated
Darryl W. Brixius, named Co-Executor under the Last Will and Testament of Ethel L. Brixius, renounces.
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:
o 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 spo~ (if any) an~irs:
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Name
Relationship
Residence
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(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 Sarah Todd Memorial Home, Borough of Carlisle
(list street, number, and municipality)
Decedent, then
84
years of age, died
11/03/2006
at 1000 West South Street, Carlisle, PA 17013
(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
90,000.00
$
$
$
$
0.00
situated as follows: N1A
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:
I Signature Typed or printed name and residence
O . / A i) Dennis W. Brixius 83 Cross Highway
~ -ill~' r ' Redding, CT 06896
I
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
+L
before me this ~__ day of
ti) .~~
Dennis W. Brixius
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~\ 't.~rtheRegister
No.
21-2006- 1[1(,.5
Estate of
Ethel L. Brixius
, Deceased
also known as
Social Security No: 188-12-1282 Date of Death: 11/03/2006
AND NOW, ~ SLl~"-- <?( . r:K- c5l 0 . in consideration
of the Petition on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters [glTestamentary 0 of Administration
(c.I.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
are hereby granted to Dennis W. Brixius, Executor
in the above estate and that the instrument(s) dated 7/17/1994
described in the Petition be admitted to probate and filled of record as the last Will of Decedent.
Renunciation ... ...... ...... ...... .... ...... $
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FEES
Letters............................... _.........$
8\0.0,::)
1\...0 .OD
Short Certificate(s)...................... $
\S.OD
I.D. No: 19475
Bogar & Hipp Law Offices
Address: One West Main Street
Affidavits ( )..........................$
Extra Pages ( )N.~.k\,.,......$
Codicil......................................... $
Shiremanstown, PA 17011
JCP Fee..............................._......$
lO 00
Telephone: 717-737-8761
Inventory............. ........... ..... .._..... $
E-Mail:
Other~~~.~~.~......$
5.00
TOTAL............................ $
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Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc.
Form RW-1(1991)
This is to certit\ that the infurmation here given is correctly copied from an original certifi,<lte of llc~lth dulv Ilkd \\\tl1 me d',
Lncal Registrar. I he original c'2rtilicate will be fonvarded to the State Vital Records 011ice fur pennarW111 tiling
WARNING: It is illegal to duplicate this copy by photostat or photograph.
FL'c' lor thiS cend'lealc. S6.00
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COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH. VITAL RECORDS C?
CERTIFICATEOFDEATH ...... 1-'..... __I'''''~
0< '-^" \<) u.... STATE FILE NUMBER-:c! N
4. DafO of Dea~ (Moolh. day, yea-)
- J,...;{ -/o?iv2 /1 - ~3 - d ,-:7.:'(,
7. Birthplace C' and state or
,71
Yrs.
11,1922
inersville,PA
Sa. Pla::e of Oealtl Check on one
HospiIaI:
o Inpatient OERIOuqlatient OOOA
9. Was Decedent of Hispanic OfiDin?
(lfjllS, specify Cuban.
Mexican, Puer!o RIcan, ele.)
14. Marital Status: Married, Never Married,
_, DMln:adISpecIfy)
widowed
Did Deoedeot
Uveina
Township?
Tw,
8b. County of Death
&I. Facility Name (If not instilution, give street and rlurnber)
Cumberland
Sarah Todd Memorial Home
83 Cross Highway
Reddin CT 06896
18. Father's Name (FlJSt, mitkfle, last, suffix)
12. Was Decedent ever in !he
U,S, Armed Forces?
DYes ~
Decedent's
Actual Residence 17a. State
13. Decedenfs Educallon (Specify only hlghesl grade completed)
Elementary I Secondary (0-12) College (1-4 or s+)
12 2
17b. County
P~nnRylvilniil
Cumberland
17c. 0 Yes, Decedent Lived in
17d)!l~o:'Jvedwilhin Carlisle
City/Born
21b. Dale of D1sposilioo (Mon~. day. year)
19. Mother's Name (First, middle, maiden surname)
Lillian Shade
2Ob. Inform..,r. Mal1Ing Address (S1reet, city 1_, _. zJp code)
83 ~ross Highway, Redding,CT 06896
210. PlaoeofDisposilioo(Nameofcemelely,,,,,",al:lIy.._p1ace} 21d. LocaIion(cay%itzi'oodeJ
St. John's Cemetery ampden'~wp.,PA
Roy Lauck,Sr.
2Oa. Informanl'sNlITIe (TypefPrint)
Dennis w.
220. Nane..,d Address of Fac111Iy
Ie 1Ien1s Zl&<:on~"""'a>1ifyIDg
physDiIl is ootavcilctJleattimeofdeath 10
certify cause of death.
IIems 24-26 mllSt be oomplalBd by peI50Il
. who ~nounces dealt!.
d.c'3c.'
~
usselman FH&CS,324 Hu~mel Ave~ ,Lemoyne,PA17043
23b. l.i:enge-NlBTIber 23c. Dale Signed (Month, day, year)
;( /I./.5.3/lo! / c;.. L ! /.. ~. ,.J c" C (.
26. Was Case Referred to Medical Examiner I Coroner for a Reason Other than Crematkm or Donation?
DYes l1!J.NO
CAUSE OF DEA TIi (See instructions and exampl..)
Item 27. PART I: Enter the~. diseases, iljuries, orcomplications - thai ditlclly caused the death. 00 NOT enter lem1inal events such as cardiac arrest,
l8IIfliratory amm. or veniicular fibrillation without showing the etiOOJgy. List only one C8lll56 on each line
Approximaleillerval
Onsello Dea~
Part II: EnterolhersiQrWficMtcnndilionscmln~ 10 death
but not resulting il the underlying cause given ill Part I.
2a, Did Tobacco Use Cootrloole 10 Death?
o Yes 0 Probal;y
o No Unknown
29. Hemale:
o Nol pmgnenl within past year
o Pregnant at time of death
o Not pregnan~ but pregnant withIn 42 days
of death
o Not pregnan~ but pregnant 43 days 10 1 yeps
of death
o Unknown if pregnant within tile pasl year
32c. Place of Injury: Home, Farm, Street, Factory,
0fIk:e Bulkllng, e. (Spec.,.)
=~~~S:=dis9;e~
~'S.lJD
Due to (or as s consequence of)'
Ui\l""",--
=lia11ylslconditions.~'"'Y'
to cause listed on Une a.
Enter UNDERLYING CAUSE
(d"lSeaSeoriJYu1ythatinilialed1he
events resulting In death J LAST.
b.
Due to (or as a. consequence ot).
Due to (or as a. consequence of)'
d.
o Yes "~
DYes ONo
8.- 0 Homk:ile
b AccIdent 0 Pending InvesUget10n
o Sulclde 0 Could Not be Detonnlned
320. Time of Injury
32g. Location of Injury (Street, city ( town, stBtB)
3Oa. Was an Aulcpsy
Performed?
3Gb. Were Autopsy Rndlngs
Avaiable_IOCam~oo
of Cause of Death?
31. MannerofDeath
32f.lfT"",._,njuy(SpecIfy)
o om../ ()pe<W, 0 Passenger 0 Pedesbian
M. OOlher, Specify
330. Certifier (cheel< oo~ one) :. Sign,~ Old Ti,ilIe ~ c.ro_'Iier(l "-. .
=:r:~~=~:=:=:u::~==~~=~~:=~~e~~~:~:~_~~)__________________.0 po" ~ IF D'~ ~ ~
~::u~~a: :::=h:~8~=:thU:~n~::~~:: =:U~=d manner as stattd_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.0 33c. LJcense NumOOr
'(""-<i::l ~ \ ~ '<.4 ( C
-On .... =~;r= aBd f or Inv"-"aUon, In my opinion, death occurred at the time, date, and place. and due to the Clueeea) and manner as stabJd_ _ .lJ
<,II'" -"!I _ 34. Name~Ad~ofPersonWhoComp~CauseofOeelh(ltem27) Type/Print
. <06~'J'" @. 'Q{"'\~,",~v....>\'"r'"\ -.\..., ""tl
CO.:sC 1....,;,.~:..I.,"''''\ &:Jt\"" \R1l c..~f'4.)"-
33d. Dale Signed (Moo~, day. yo"J
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(See instructions and examples on reverse)
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I, ETHEL L. BRIXIUS, of Lower Allen Township, Cum.o.er- ~""
land County , Pennsylvania, make, publish and declare this .a~ and::::::
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for my Last will and Testament, hereby revoking all other::tvills ~~
and Codicils heretofore made by me. V)
FIRST: 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 children, DARRYL W. BRIXIUS and DENNIS W. BRIXIUS.
SECOND: Should my son, DARRYL W. BRIXIUS, predecease
me, I devise and bequeath his share under this, my Last will and
Testament, to his children, JENNIFER M. BRIXIUS and WILLIAM J.
BRIXIUS, in equal shares.
THIRD: Should my son, DENNIS W. BRIXIUS, predecease
me, I devise and bequeath his share under this, my Last Will and
- -
_ .-'Festament, to his daughter, TRACY E. BRIXIUS.
FOURTH: In addition to all powers granted
law and by other provisions of this Will, I give the
acting hereunder the following powers, applicable to all proper-
ty, exercisable without court approval and effective until actual
distribution of all property:
(A) To sell at public or private sale, or to lease,
f?r any period of time, any real or personal property and to give
options for sales, exchanges o~ leases, for such prices and upon
.~
i7j 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, subdivi-
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LAST WILL AND TESTAMENT
OF
~~2
ETHEL L. BRIXIUS
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to them by
fiduciaries
sion, 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
limited to, personal income, gift and estate or inheritance tax
laws.
(G) To make distributions to my herein named benefici-
aries in cash or in kind or partly in each.
(H) To borrow money from themselves or others in order
to pay debts, taxes, or estate or trust administration expenses,
to protect or improve any property held under my will, and for
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, trans-
fer, 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
-~ principal of my residuary estate.
~
SIXTH: I nominate and appoint DARRYL W. BRIXIUS and
DENNIS W. BRIXIUS, Co-Executors of this, my Last will and Testa-
2
ment. I direct that my Co-Executors, 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 to this, my Last will and Testament, this '"7 day of
if1U'~.t. .
,"'
1994.
'C: . '"J /). .
(~/tk.( it l)jlA,"'yvD(4_)
ETHEL L. BRIXIUS
(SEAL)
signed, sealed, published and declared by the above-
named Testatrix as and for her Last will and Testament in our
presence, who, at her request, in her presence and in the
presence of each other, have hereunto subscribed our names as
attesting witnesses.
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Address
Address
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Register of Wills of
Cumberland
County, Pennsylvania
OATH OF SUBSCRIBING WITNESS
Estate of
Ethel L. Brixius
No. 21-2006- I 0 ~5
also known as
, Deceased
James D. Bogar, Esquire
(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
other subscribing wiitness(es).
(h~/J~
(Signat re
James D. Bogar, Esquire
One West Main Street
Shiremanstown, PA 17011
(Address)
(Signature)
before me this
of "tu ~'l;""'j~ r-
YQ;V\ii
NeIer] rtlelic ~ y- '\
My Commission Expires:
(Signature and seal of Notary or other official
qualified to administer oaths. Show date of
expiration of Notary's commission.)
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Sworn to or affirmed and subscribed
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(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 Pennsylvania Bar Association
Copyright (c) 2004 form software only The Lackner Group, Inc.
Form #RW-2 (1991)
Register of Wills of Cumberland County
OA TH OF NON-SUBSCRIBING WITNESS
Estate of Ethel L. Brixius
No. .a 1- OLD- IO~5
Also known as
, Deceased
Dennis W. Brixius
~a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that
he familiar with the signature of Ethel L. Brixius , testat rix of(~
~ to) the ~will presented herewith and that he believelbelieves the signature
on the ~/will is in the handwriting of Ethel L. Brixius to the best of
his
knowledge and belief.
Sworn to or affirmed a~subscribed
Be.tQre me this ~ day of
~~'- ,20 C10
Q'~'(
( ame) Dennis W. Brixius
83 Cross Highway
Redding. CT 06896
(Address)
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Register ~
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Register of Wills of
Estate of
Ethel L. Brixius
No. 21-2006-10'65
also known as
Cumberland
County, Pennsylvania
RENUNCIATION
, Deceased
The undersigned,
Darryl W. Brixius,
Co-Executor
of
(Relationship) (Capacity)
the above Decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that Letters be issued to
Dennis W. Brixius
WITNESS my/our hand(s) this
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Sworn to or affirmed and subscribed
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before me this g( day
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Notary Public
My Commission Expires: Il)~ :2111
(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 only The Lackner Group, Inc.
27 'TJ4
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~ignature)
day of NCJ11G.lA.P.oL.
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Darryl W. Brixius
723 Summit Lane, Unit 5256
Elliiar GA 30540
(Address
(Signature)
(Address)
(Signature)
(Address)
NOTE: Renunciations executed outside the Office of Register of Wills
in some counties are required to be notarized.
Form #RW-4 (1991)