HomeMy WebLinkAbout12-28-06
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
COUNTY, PENNSYL VANIA
Estate of
Elmer m
() 'Cui /
, Deceased
File Number ,J I - ()'U - IIS'lv
'? ') ()- CQ 3/8' L
Social Security Number CJV< c1 V U T
also known as
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
~ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the
last Will of the Decedent dated and codicil(s) dated
named in 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 instlUment(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
D B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
Petitioner(s) after a proper search has I have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If
Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
County, Pennsylvania with his / her last principal residence at /0/.3 HIl1!1?.Ae"+ Sf-
Decedent, then
17
years of age, died on
/;;).J~J()(P at
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Ca,-r /I.sle
/-Iosp' fa /
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) All personal property
(If not domiciled in PA) Personal property in Pennsylvania
(If not domiciled in PAl Personal property in County
Value of real estate in Pennsylvania
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$28bOO,~
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$ ",. ;:' n
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Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Let!ers ilUhe approp~ form toC-' >_~
the undersigned: ---, ..
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situated as follows:
Ty ed or rinted name and residence
lImA- D 'CUll jJo fuX. 1../3/
Form RW.02 rev. !O.13.06
Page 1 of2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and conect 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.
before me the
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Signature of Personal Representative
Sworn to or affirmed and subscribed
Signature of Personal Representative
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Signature of Personal Representative
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File Number: j( J - D lo -115LP
Estate of p\ fY\P r {Y\ 0 I C,^ \ l
Social Security Number: ~ ....5~..... 3 i rs--Lf
AND NOW, ~(\ Q IY\ \ u ^- dJ1 ' ~{l)l.. n , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED tpat Letters t-eST-A (YLe 1'-~...c....I1'
are hereby granted to ll) A ~ ~ 0 C LA.. .lJ... u
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, Decea~'ed
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Date of Death:
I dld;}.J Ola
in the above estate
and that the instrument(s) dated
described in the Petition be admitted to probate and filed ofrec?r1 as the last Will (and Codicil(s)) of Decedent.
FEES L *it.n~~ ~a /011l.1Uh r1L)bQ..i At J pllr~' . ..;1.--
$ JO, ()D Re IsterofWllls I :-:--LA
Letters ............... ,;) ___ :..,,-,,--,
Short Certificate(s) . . . . . . . . $ \lCH ~ Attorney Signature:
Renunciation(s) .......... $
$ \5"'. uO
$ lCl. l')U
$ S.('RJ
$
$
$
$
$
$
TOTAL .,............ $
Attorney Name:
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CJ...A '- -:;\u'n-<:lo. ~'1'- . . .
Supreme Court LD. No.:
Address:
Telephone:
Form RW-O] rev. /0./3.06
Page 2 of2
H WoR05 REV 1 iO'
This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local R'~gistrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
No.
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Fe~ for this certificate. $6.00
F' 12995594
DEe 2 2 2006
Date
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TYPE f PRINT IN
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EIlAO<INK
1, Name of Decedent JFnt, rridlIB, last. suflix)
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5, AQe (Las' 8<thc!ay) Under 1
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COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS
CERTIFICATE OF DEATH
Ym,
5/22/1959 Chicago, II..
&I. Faciity Nane (If not Jnstilution, gl\le slreet and number)
328 - 58 - 3184
Sa. P1a:e of Death Qleck cne
H_,
131_ OERI_ OOOA ON......Home
9. W..-.ofH_OlIgIn? ia No Oy"
Ilf""specifyClml.
. Carlisle Regional Medical Center _,__.elc.)
12. Was DecederteverlnIhe 13. DecedenfllEducatlon(SpedfyonlyhlgheelgiOOecompletad) 14. MlriaIStatus:Manted.NeverMcrriad.
US, _ """"" E"",enOayI Secooda<y 1()'12) College (H .,,5+) -, 0Mmld 1-
fly" ONo 12 Married
Oecedent's 0idDecedenl:
Adu8I_ 17a91alB PA lMIin.
Townshlp?
Cumberland
7.
ace C' andslaleor
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I . Cumberland
11. Decedenrs Usual
Kind of Work
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10. Race: American Irdal. Black, White, etc.
(SpadIy)
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19. MoIlel's NlITle (First. midde. maiden surMne)
Yvonne Cantway
2Ob, ,_r.__I_dty/_._",oxlel
PO Box 431, Bendersville, PA 17306
21. O"'ofO_(Monh, day,"" 21e. PIaoaofDlspooiticnINamaof"""""Y.mm'*'Y"_pIlI:a) 21d. ~(CltyI_-.1lp_)
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LAST WILL AND TESTAMENT
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I, ELMER MICHAEL O'CULL, Social Security Number 328:,;.:S8-3l8b of--)
the state of Illinois, declare that I am a member of the United~~tatesq
Armed Forces and that I am currently living in the Federal Republic of
Germany pursuant to Military Orders. I declare that this is my LAST
WILL AND TESTAMENT and I revoke all other wills and codicils previously
made by me.
ELMER MICHAEL O'CULL
FIRST: I appoint my Wife, WILMA MARIE O'CULL, as my Personal
Representative concerning this Will. If she is unable or fails to
serve, I then appoint my mother YVONNE M. O'CULL to serve as my
Personal Representative.
a. I request that my Personal Representative be permitted to
serve without bond or surety thereon and without the intervention of
any court, except as required by law. I direct that my Personal
Representative act in unsupervised administration so as to administer
my estate with a minimum of court supervision. If it becomes necessary
to have ancillary administration of my estate in any jurisdiction where
my Personal Representative is unable or does not desire to qualify as
ancillary legal representative, I appoint as such ancillary legal
representative such individual or corporation as my Personal
Representative shall designate, in writing.
b. I direct my ~ersonal Representative to pay the expenses
of my last illness, the expenses of a funeral appropriate to my station
in life and custom of living (including a suitable monument or marker
for my grave), and written charitable pledges which I have made. I
grant my Personal Representative the power to extend or renew any debt
for such time as my Personal Representative shall deem appropriate.
c. All estate, inheritance, succession and other death taxes
with respect to all property passing under this my Will shall be paid
from and borne by the principal of my residuary estate, without regard
to reimbursement, as if such taxes were administration expenses. My
Personal Representative may pay sftch taxes at any time deemed
advisable, whether or not then due and payable.
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PAGE 1 c:0-;?'
OF S PAGES /Z
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d. My Personal Representative is requested to settle my
estate as soon after my death as may be practicable, and to payor
deliver every legacy or bequest to my beneficiaries without waiting any
time that may be believed to be customary in probate matters.
e. I have served in the Armed Forces of the United States.
Therefore, I direct my Personal Representative to consult with a Legal
Assistance Attorney at the nearest military installation and with the
Department of Veterans Affairs and the Social Security Administration
to ascertain if there are any benefits to which my family members are
entitled by virtue of my military service.
f. I may leave a letter of intent with the executed copy of
this Will for the purpose of giving guidance to my Personal
Representative concerning the distribution or sale of certain items of
my property. I request, but do not require, that my Personal
Representative honor my wishes therein expressed.
SECOND: I give, devise and bequeath, absolutely and forever, all
of my estate and property of which I may be seized or possessed, or to
which I may be entitled, at the time of my death, wherever situated or
of whatever nature, be it real, personal, or mixed, to my Wife, WILMA
MARIE O'CULL, as her sole and absolute property if she shall survive
me.
THIRD: In the event that my Wife, WILMA MARIE O'CULL shall not
survive me, I give, devise and bequeath, absolutely and forever, all of
my estate and property of which I may be seized or possessed, or to
which I may be entitled, at the time of my death, wherever situated or
of whatever nature, be it real, personal, or mixed, to my children
TIMOTHY PATRICK O'CULL, JASON MICHAEL O'CULL, and to any child or
children that may be born to or adopted by me, in shares of
substantially equal value to be divided as they may agree.
a. If any of my children shall not survive me, then the
share of that deceased child shall go to the descendants of that child,
who are to take per stirpes and not per capita. If any of my children
shall not survive me and shall not be survived by any descendants, then
the share of that deceased child shall be distributed to my surviving
children and the descendants of any of my other children who fail to
survive me, in the manner set forth above.
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PAGE 2 ~
OF 5 PAGES ';L
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b. If they are unable to agree, the division among my
children and the descendants of any of my children who fail to survive
me shall be made by my Personal Representative, in that person's sole
and absolute discretion. I empower my Personal Representative to sell
any or all of such property, if such property is not distributed in
kind hereunder, and to distribute the proceeds among my said children
in substantially equal shares. Any determination of my Personal
Representative as to what should pass or be sold under this paragraph
and to whom it should pass or be delivered or at what price it should
be sold shall be conclusive.
FOURTH: If any beneficiary to any share of my estate which is not
subject to the provisions of any trust which may be created by this
will is, at the time of distribution of his or her share, a minor under
the laws of his or her domicile, I direct that the minor's share be
converted into qualifying property and delivered to the minor's
Guardian as Custodian for the minor under the Uniform Gifts to Minors
Act or the Uniform Transfers to Minors Act as may then be in effect in
either the state in which the beneficiary or the Custodian resides, or
any other state of competent jurisdiction.
a. The Uniform Gifts to Minors Act or The Uniform Transfers
to Minors Act as may then be in effect in the state concerned is hereby
incorporated by reference. The property affected by the Act shall be
managed, held, and distributed in accordance with the provisions of the
Act.
b. The financial custodian will serve without bond or surety
and without intervention of any court, except as required by law.
c. The receipt by the Custodian, for the minor, of any
principal or income transferred pursuant to this paragraph shall be a
full acquittance and discharge of my Personal Representative or
Trustee, as applicable, from liability with respect to such transfer
and from further accountability for the principal or income so
transferred.
FIFTH: Except as otherwise provided in this Will, I have
intentionally failed to provide for any other relatives or other
persons, whether claiming to be an heir of mine or not. Insofar as I
have failed to provide in this Will for any of my issue now living or
later born or adopted, such failure is intentional and not occasioned
by accident or mistake.
SIXTH: Any beneficiary who fails to survive me by one
hundred and twenty (120) hours shall be deemed to have predeceased me,
and the gift to that beneficiary shall be disposed of accordingly.
---;:(#i// ~~-
PAGE 3 4>
OF 5 PAGES ~
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SEVENTH: Definitions:
a. The term "children" as used in this Will includes adopted
and afterborn persons. The term "children" as used in this will shall
also include step-children, the natural born or adopted children of a
person's spouse. A relationship by or through legal adoption shall be
treated the same as a relationship by or through blood for purpose of
succession to property under this Will.
b. The term "descendants" as used in this Will means the
immediate and remote lawful, lineal descendants by blood or adoption of
the person referred to who are in being at the time they must be
ascertained in order to give effect to the reference to them.
c. The term "issue" as used in this Will means all persons
who are descended from the person referred to either by legitimate
birth to or legal adoption by that person, or any of that descendant's
legitimately born or legally adopted descendants.
d. The term "Personal Representative" as used in this Will
means Executor, Executrix, Independent Executor, or any other title of
like import which is used to describe such a fiduciary.
e. The term "per stirpes" as used in this Will means that
whenever a distribution is to be made to the descendants of any person,
the property to be distributed shall be divided into as many shares as
there are (1) living children of the person, and (2) deceased children,
who left descendants who are then living, of the person. Each living
child (if any) shall take one share and the share of each deceased
child shall be divided among his then living descendants in the same
manner.
EIGHTH: In the event that I shall die leaving a minor child or
children surviving me, and my Wife, WILMA MARIE O'CULL, shall not
survive me, then I hereby appoint my mother-in-law DORIS DURRER as
Guardian of each minor child of mine, during his or her minority. The
Guardian shall serve without bond or surety and without the
intervention of any court or courts, except as required by law.
NINTH: In addition to any powers granted by the laws of the state
in which this Will is probated, I hereby authorize and empower the
fiduciaries named in this Will, to the extent of the discretion herein
granted, to sell, exchange, convey, transfer, assign, mortgage, pledge,
lease or rent the whole or any part of my real or personal estate, to
invest, reinvest, or retain investments of my estate, to perform all
acts and to execute all documents which my fiduciaries may deem
necessary or proper in regard to my property. If any of my fiduciaries
elect to receive compensation for services, such compensation will be
that allowed by law.
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PAGE 4 ~<
OF 5 PAGES 7
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TENTH: If any part of this Will shall be invalid, illegal, or
inoperative for any reason, it is my intention that the remaining
parts, so far as possible and reasonable, shall be effective and fully
operative. My Personal Representative may seek and obtain court
instructions for the purpose of carrying out as nearly as may be
possible the intention of this Will as shown by the terms hereof,
including any terms held invalid, illegal, or inoperative.
IN WITNESS WHEREOF, I have at Babenhausen, Germany, this
rtl
I day of rc-bt::'f/Mv( ,19 Of I set my hand and seal to this my
LAST WILL AND TESTAMENT, consisting of 5 typewritten pages, each page
bearing my handwritten signature.
-?4L/c!L
ELMER CHAEL O'CULL
(SEAL)
The foregoing instrument was, at Babenhausen, Germany,
this .::}~ day of tIGP;':"u/'t/'2-,', 193.1, signed, sealed, published and
declared by ELMER MICHAEL O'CULL, the testator, to be his LAST WILL AND
TESTAMENT in the presence of all of us at one time, and at the same
time we, at his request and in his presence and in the presence of each
other, have hereunto subscribed our names as attesting witnesses, and
we do so verily believe that the said testator is of sound and
disposing mind and memory at the date hereof.
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WITH THE UNITED STATES ARMED FORCES AT
BABENHAUSEN, GERMANY
Each of the undersigned, attesting witnesses to the will of ELMER
MICHAEL O'CULL, dated the r day of (i;.-&UV4fd'..-r ,19 CYI, of which
this affidavit is a part, first having been sworn on oath states that
said testator stated to us that the above and foregoing instrument was
his Last Will and requested each of us to witness his signing of said
will, that each of us was present and saw the said testator sign said
will in the presence of each of us, that said will was attested by each
of us in the presence of the said testator and each other and that each
of us believed said testator to be of sound mind and memory at the time
of signing said will.
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l.tness
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Subscribed, sworn to and acknowledged before me by ELMER MICHAEL O'CULL, the testator. who is known to me to be a
member of the Armed Forces of the United States serving on Active Duty. and subscribed and sworn to before me by
.)"'7' L. x'urc, , hi/I IJ~WICC /J!~\ , and (!l4llv!;,,u b, ~ACKS;()fv , the
witnesses, this ~~ day of ~~tl~ ' 1~1 . This acknowledgement is executed in my capacity as a
Commissioned Off~er the autho~i~y grant by Title-fO. United States Code. Section 936. which also states that no
seal is requP7\d on this acknowledgement.
(Sign) t'~ M. eu..Ue.v\ OFFICIAL CAPACITY LEGAL ASSISTANCE ATTORNEY
(Print) _rc.... ~ M.. G.;vL.eJ'..I RANK/COMPONENT CPr. U.S. ARMY, JUDGE ADVOCATE