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Home My WebLink About12-14-06 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS No. ;} I-OcP- /1/5 Estate of Ann M. Benner also known as Ann M. Benner , Deceased Social Security No. 165-38-2425 Allen P. Sutton. Nancy N. McCrea. Co-Executors Petitioner(s), who isfare 18 years of age or older, apply(les) for: (COMPLETE "A" OR "B" BELOW:) iii A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut ors Decedent, dated 5/19/2005 and codicil(s) dated named in the Last Will of the 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 incapacitated: o B. 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 the Decedent left no Will and was survived by the following spouse (if any) and heirs: Name Relationship 1"0.) (COMPLETE IN ALL CASES:) Attach additional sheets If necessary. Decedent was domiciled at death in Cumberland residence at 47 LeAnn Court. East Pennsboro Township (list street, number and municipality) years of age, died December 9 ,2006, at Bon Secours Reaional Hospital (Location) o County, Pennsylvania, with his/her last family or principal Decedent, then 85 ~ 'f-(J(), m A'IJ 999,99 . 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 ........................................................................................ $ Total . ................ ................................................................ ........ ...................... ...... $ Real Estate situated as follows: 47 LeAnn Court, Enola, PA 17025 180,000.00: / 1.080,g99.00 ~ SiO OlD w A,.,.J , 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: Typed or printed name and residence RW-7 . ...."C., '.J Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) and 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 and affirmed and subscribed ~ \fJ ' '-f f-It Allen P. Sutton before me this I day of ~ 1\ (M\~ ~~~~~~ligeni'Mccr ~CfJ~ c Estate of Ann M Benner DECREE OF REGISTER Cumberland County, Pennsylvanian Deceased No. f) I-lfu -III~ also known as Date of Death: 12/9/2006 ,-..,., (') c:::::J AND NOW, 2006 , in consideratiofioOhe Peti!On ._.l.i it~ on the reverse side hereon, satisfactory proof having been presented before me, Z~ ~ p ~ g~ ~ IT IS DECREED that Letters IXt Testamentary 0 of Administration (c.t.a., d.b.n.c.t.; pendente lite; duranj~ dura,imino~ 6 ". c'''' ':.' (') 0 --- -';~'~l C) :: )011 'OJ ...., <:> r- :JlI:: ""'--- .'" . ::;0 W ,.c:::;() :u-i .. r- rn "")5. ~ /) (~ -.T"'~ Social Security No: 165-38-2425 are hereby granted to Allen P. Sutton and Nancy N. McCrea o in the above estate and that the instrument(s), if any, dated 5/19/05 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters .................................... Short Certificate(s) 5@!!~ $ $ $ $ $ $ Inventory & Tax Forms............. $ Other . ~~~9m~~i~r! .f~!L.... ...... . $ Renunciation .......................... Affidavit ( Extra Pages ( ) ....................... )............ .. Codicil .............. ........... ........ JCP Fee ................................. TOTAL... ..... ............. ........$ RW-7A $ (? ~t..f~O.O{) o q lO.Do -268.60 20.00 10.00 5.00 5\0 .00 ~ ~mr 00 f,w~ !P~ Attorney: JaCQueline A. Kellv 1.0. No: 91973 Address: 845 Sir Thomas Court, Suite 12 Harrisburg PA 17109 Telephone: 717-541-5550 DATE FILED: _\2 \ \ ~ ' OLD LAST WILL AND TESTAMENT OF ANN M. BENNER I, ANN M. BENNER, now domiciled in Cumberland County, Pennsylvania, declare this to be my Last Will and Testament. I revoke all other wills and codicils that I may have previously made. Article I My just debts and expenses of my last illness, funeral, and administration of my estate shall be paid by my Executor from the principal of my residuary estate as soon as practicable after my death. ("") ~ ~O ~ .."'- :0 0 Article IT ~{~ ~ :<: en ~ .s:.- All inheritance, estate, and succession taxes (including interest and penalties thm~ut n~ C) c :::JC ~ ::0 including any generation skipping tax) payable by reason of my death shall be paid ~t<1f and 6i , - o charged generally against the principal of my residuary estate without reimbursement from any person. This provision is not a waiver of any right which my Executor has to claim reimbursement for any such taxes which become payable as the result of any property over which I have the power of appointment. . -_r.....,.'~rTs......D...-1.... r-n (,:} . <:0 ~t.'- fT"l . :D '- I~)b '-i'l~ i=~~ toO) Article ill I give, devise and bequeath in accordance with any memorandum which I have either handwritten or signed, located with my will or with my valuable papers and found within 30 days of the probate of my will. Gifts may only be to persons who survive me or to organizations which exist at my death, and if there is a conflict, the memorandum having the latest date shall govern. Article N All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, I give, devise and bequeath according to the following schedule: A. FIFTY PERCENT (500/0) of my estate IN EQUAL SHARES to my children, ALLEN P. SUTTON, WARREN L. SUTTON, ROGER L. SUTTON, and JEFFREY T. SUTTON. If any of my beneficiaries listed in this paragraph predecease me or fail to survive me by thirty (30) days, I give, devise and bequeath his or her share to his or her issue who survive me, per stirpes, or ifhe or she has no issue, the share(s) are to be added equally to the other shares of those beneficiaries listed in this paragraph (Article N, paragraph A). B. FIFTY PERCENT (50%) of my estate shall be distributed according to the following schedule: 1. TWENTY-FOUR PERCENT (240/0) of the FIFTY PERCENT (50%) to my stepdaughter, PAGE KNOX, of Blue Bell, Pennsylvania. In the event PAGE KNOX predeceases me or fails to survive me by thirty (30) days, I give, devise and bequeath her share to JAMES R. BENNER, JR. -2- 2. TWENTY-FOUR PERCENT (24%) of the FIFTY PERCENT (50%) to my stepdaughter, SUZANNE C. GRASHOF, of Chester Springs, Pennsylvania, per stirpes. 3. TWENTY-FOUR PERCENT (24%) of the FIFTY PERCENT (50%) to my stepdaughter, NANCY N. McCREA, of Limerick, Pennsylvania, per stirpes. 4. TWENTY-FOUR PERCENT (24%) of the FIFIY PERCENT (50%) to my stepson, THOMAS A. BENNER, of Lansdale, Pennsylvania. In the event THOMAS A. BENNER predeceases me or fails to survive me by thirty (30) days, I give, devise and bequeath his share to his issue, per stirpes, or in the event he dies without leaving any issue, then to his wife, RACHEL S. BENNER. 5. FOUR PERCENT (40/0) of the FIFfY PERCENT (500/0) to my stepson, JAMES R. BENNER, JR., of Baltimore, Maryland, per stirpes. If any of my beneficiaries listed in paragraph B of this Article, with the exception ofP AGE KNOX and THOMAS A. BENNER, predecease me or fail to survive me by thirty (30) days, I give, devise and bequeath his or her share to his or her issue who survive me, per stirpes, or if he or she has no issue, the share(s) are to be added equally to the other shares of those beneficiaries listed in paragraph B of this Article. In the event that PAGE KNOX predeceases me or fails to survive me by thirty (30) days, I give, devise and bequeath her share to JAMES R. BENNER, JR., per stirpes. In the event that THOMAS A. BENNER predecease me or fails to survive me by thirty (30) days, I give, devise and bequeath his share to his issue, per stirpes, or in the event he dies without leaving any issue, then to his wife, RACHEL S. BENNER. -3- Article V Except as otherwise provided in this Will, I have intentionally failed to provide for any other persons or relatives, whether claiming to be an heir and/or relative of mine or not. Insofar as I have failed to provide in this Will for any of my relatives, and/or issue now living or later born or adopted, such failure is intentional and not occasioned by accident or mistake. Specifically, WILLIAM R. BENNER and JOHN W. BENNER are not to inherit any monies or property, personal or real, under the terms of this Will. Article VI If any person or entity other than me singularly or in conjunction with any other person or entity directly or indirectly contests in any court the validity of this Will, including any amendments or codicils thereto, then the right of that person or entity to take any interest in my estate shall cease, and that person or entity shall be deemed to have predeceased me. Article vn I nominate, constitute, and appoint my son, ALLEN P. SUTTON, and my stepdaughter, NANCY N. McCREA as Co-Executors of my Last Will and Testament. In the event of the renunciation, death, or inability to act, for any reason whatsoever of ALLEN P. SUTTON, then I nominate, constitute and appoint JEFFREY T. SUTTON as a replacement Successor Co-Executor. In the event of the renunciation, death, or inability to act, for any reason whatsoever of NANCY N. McCREA, then I nominate, constitute and appoint SUZANNE C. GRASHOF as a replacement Successor Co-Executor. I direct that my Co-Executors or successor Co-Executors be permitted to serve without bond and in addition to those powers granted by law, I grant them power to distribute -4- in cash or in kind in like or in unlike shares and to file any qualified disclaimer I could have filed if living. My Co-Executors or successor Co-Executors shall receive reasonable compensation for services rendered to my estate. Article vm In addition to the powers conferred by law, I authorize my Co-Executors and successor Co- Executors, in hislher absolute discretion: (a) to retain in the form received and to sell either at public or private sale, any real estate or personal property except that which I specifically bequeath herein, (b) to manage real estate, (c) to invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principal of diversification, (d) to exercise any option or right arising from the ownership of investments, (e) to compromise claims without court approval and without consent of any beneficiary, (f) to file any federal income tax return for any year for which I have not filed such return prior to my death, (g) to make distributions in cash or in kind, or in both, and to determine the value of any such property, (h) to employ any attorney, investment advisor, or other agent deemed necessary by my Executor; and to pay from my estate reasonable compensation for all their services, (i) to conduct alone or with others, any business in which I am engaged in, or have an interest in at time of my death, and -5- G) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. IN WITNESS WHEREOF, I, ANN M. BENNER, hereby set my hand to this my Last Will and Testament, on '1Y1 (j l1 2005. ~ IYI, fy~ ANN M. BENNER In our presence, the above-named ANN M. BENNER signed this and declared this to be her Last Will and Testament and now at her request, in her presence, and in the presence of each other, we sign as witnesses. Name 9~~~ Address 845 Sir Thomas Court. Suite 12. Harrisbure. P A 17109 845 Sir Thomas Court. Suite 12. Harrisbur2. P A 17109 - 6- I, ANN M. BENNER, Testatrix, who signed the foregoing instrument, having been duly qualified according to law, acknowledge that I signed and executed this instrument as my Will, and that I signed it willingly as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by ANN M. BENNER, the Testatrix on , 1) - { 9 2005. rj~ d. Jilt otary blic ~M' rn ANN M. BENNER B~ We, the undersigned witnesses who signed the foregoing instrument, being duly qualified according to law, depose and say that we were present and saw the Testatrix sign and execute this instrument as her Will; that she signed and executed it willingly as her free and voluntary act for the purposes therein expressed; that each of us in her sight and hearing signed the Will as witnesses, and that to the best of our knowledge, that she was at that time eighteen (18) years or more of age, of sound mind, and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by Ju ctJ-/1.. ft. E "5:" Ie.. and RiulaL witnesses, on , 2005. ~ CllL~ tJ. E-Irut $04 Itness ~ {Uldj Witness :ntOF .....A. ~ _AIr'" IMR PAXJOIt lW,..... cournr ., ~ISSIOII DPIIO DEC.17 lD87 - 7 -