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HomeMy WebLinkAbout02-08-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Kathleen C. Mixell File Number 21-07 - D \ d. L\ also known as , Deceased Social Security 191-18-3865 Petitioner(s) who is/are 18 years of age or older, apply(ies) for: (Xl A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executors of the last Will of the Decedent dated June 10,2003 and codicil(s) dated N/A / -1 Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: [ I B. Grant of letters of Administration (If applicable enter: c.t.a.; d.b.n.c.t.a.; endente 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: (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.) Name Relationship Residence Decedent then 82 years of age died on 2/1/07 177 Centerville Rd. Newville PA Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) (If not domiciled in Pa.) (If not domiciled in Pa.) Value of real estate in Pennsylvania situated as follows: s at ct0 ADDRESS 1 NAME2 ADDRESS2 NAME3 ADDRESS3 tl \ :2 [,ld 8- Page 1 of 2 OATH OF PERSONAL REPRESENTATIVE COMMONWEATLH OF PENNSYLVANIA COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and corre 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. ~,,/4 N.;uL [j-l A. Mixell ~;I}, /Ylt ~ , Wayne M. Mixell I Sworn to or affirmed and sUbscribedy- before me this 3-ih ~ (}.../J e,bV1A.Cl,(J e ;?OO?:f~ b I I. 10... {VJo.- ."1- For the Register NAME3 '~CJ -:'C] ,. ~~\ ::':"':::-1 --' ; .J File Number: ~ \ D l D\'d..L.\ ~ rl OJ I co '""'=' i'.) Estate of Kathleen C. Mixell , Decease:~r-. Social Security Number: 191-18-3865 Date of Death 1-Feb-07 AND NOW Pe bn.A,Q.'''i ~ ,2001 in consideration of the Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Paul A. Mixell Wayne M. Mixell in the above estate and that the instrument(s) dated June 10,2003 described in thte Petition to be admitted to probate and filed of record as the las Will (and Codicil(s) of Decedent) .~ FEES Signature ~~:ht. -7( Attorney Name Robert M. Frey Letters Short Certificates Renunciation 10l/ I Au-b JCp ~\b.OO 'fr - 00 Sup. Ct. I.D. No 6274 IS .00 5cb (0.00 Address: 5 South Hanover Street Carlisle, Pennsylvania 17013 Telephone: (717) 243-5838 Lf1 't UU TOTAL. . . Page 2 of 2 H 105.805 REV 110' This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. 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. 2i'~ ~. \?~_~-t"~~~. Local Registrar ,., Fee for this certificate, $6.00 p 13310418 FEB 1 2007 Date ...-=~ -Tl ;'1 :,;:.; I CO o H105-143 REV 1112006 TYPE I PRINT IN PERMANENT BLACK INK d\ 6\ a\d~ -rJ -:.,..... COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverse) STATE FILE NUMBER N I . Cumberland est Pennslx>= Twp. 11.Decedenl'sUsual lion Ki'ldofworkdooe mosIof 1ife.00notslale Kind of Work KmofBusi'less/1ndustry Hananaker Her awn hare . 16. Decedenfs Mailing AddreSS (Street, clly / town, state, $ code) 177 Centerville Rd. Newville, PA 17241 18. Father's Nama (Frst, middle, last, suffix) William Bailey 208. Informant's Name (Type I Print) 177 Centerville Rd. ..- ... 1. Name of Decedent (First, middle,1ast, sufftx) Kathleen C. Mixell '.AgeI""'''''''''''V) 4. Date 01 Death (Month, day, year) Feb. 1, 2007 Y~. 6. Date of Birth (Month, day, year) Qlhe, 82 5/9/1924 ifflin Twp., Bd. FaciiIy Name (II noI_. 1iV&_.nd nu_) 12. Was Decedent ever in the U.S. Armed Forces? OYes IXlNo Decedent's AclualResldenc8 17a.Stale OOth"._, 10. Race: American Indian, Black, White, ek:. 1- White 14. ~~~~r Married, 15. Surviving Spouse (" wife, give maiden name) WidaN'ed 8b. County of Death 17b. Counly 17,.lJh..._u.ed< West Pennsboro 17d.D No, Decedent Uved within Actual limits 01 Top. City/Bom Paul 19. Mother's Name (Arst, middle, maiden sumame) Pearl J r 2Ob. Inltlnnant's Mailing Address (SIreet, my I town, state, ~ code) 175 Centerville Rd., Newville PA 17241 21c. Place of Disposition (Name of cemetery, cnJm8tory orolhef place) 21d. Location (City I town, stale, ~ code) Evans Crenation Services Leola, PA Home, Inc., Carlisle, PA 17013 23b. Ucense Number 23c. Dale Signed (Month, day, year) iiams 24-26 must be oompleIed by pe<>on who prOllW'lC8S death. 24. TIme of Death A rx. 9:40 AM. 26. Was Case Referred ~ Examiner / Coroner lor a Reason Other than Cremation or DoI'IaIIon? Oy" ~ 3Oa. w.. an AuIopsy 31)). Were NAopsy FirdnglI Pari0nned7 AvaiablePriorIoComplelloo oICaU88olDealh? OYes ~ OYes ONo 31.Manner~ l2tNaruraJ 0- 0_10_,'''''''''''''' Os'- OCooldNolbeOelelm>led Part It Entef other slmlfr.anl condtions mntrihulirw:l to death 28. Did Tobacco Use Contribute to Death? OOtnotresullinginlheunderlyingcausegwninPartL 0 Yes DProbabIy [J.ot<b OU- 29.'!_F~ !;d'"Not pregnant wti1 past year o P<8g'''''al,",,~dea~ o Not pregnant, but pmgnanl wiltin 42 days ~- 0..._"",..,.....43""101.... """"'- o Unkoownll,..,....._...past.... 32c. Place of Injury: Home, Farm, Street. Factory, Olllce_.etc. ISpedfyi =:.r..~.;~. Enter !he UNDERLYfNG CAUSE =-~.':.~'" I ApproxImate 1nlel'Val: : Onset to Death . a. /1-C.N1:f- &:J/I.{)IOIYf~fJMlTrJtlr fflibvNt- ! """10(",,,,,,,,,,,,,,",,,,01)' ,of"'? ~ b. lAm Arltrll/'f !JA 7'Plf Hfe-/Jf~ ;;'/1- ;"I~ df' /,(/115' DlIe)ror as a oonsequence of): . I vln-o rlfl/l/I JI 'IfrIV1fr/5/p N : Due k) (or as a consequence of): ' . : , d. CAUSE OF DEATH (See Instructions and examples) Item 27. Part 1: Enter the ~ - dseases, injuries, or compllcallons -lhat thctIy caused the death. DO NOT enter terminal events such as cardiac arrest, respiratory arrest, 01 ventricl.Wlilrllation withoul showing the etiology. list only ona causa on each line. ==~=)~ 32d. Time of Injury M. 33a.~I"""'''''Y'''') Cerllfylngpl1yalc:ianIP__oausa~dea~_anoIherphysidanhasp__andClllllplaled'lem23) To the belt 01 my knowledge, dIBth 0CCUf'I'ItCI due 10 1M ClHJfMJ(1) and manner 81 stBteeL _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - -- ~-==~~~=ti:':e~dea~~=~to~=~~a~manneras stalecL_ ___ __ _ _ _ __ __ _ __ _ 0 =' =:-~c::: and I or lnvatlgation, in my opinion, dHth occumd at the thne, ate, and pI8ce. and due to the Cluse(a) and manner as stated- 0 ~ i o ~ -~~~ \f;ll\ lal\ 101 ni....."'" 0""," No (I (f7.C:;-~ LAST WILL AND TEST AMENT OF KA THLEEN C. MIXELL I, KATHLEEN C. MIXELL, of West Pennsboro Township (mailing address: 177 Centerville Road, Newville, PA 17241), Cumberland County, Pennsylvania, being of sound and disposing mind, memory, and understanding, do hereby make, publish, and declare this as and for my Last Will and Testament, hereby revoking and making void any and all Wills by me at any time heretofore made. 1. I direct my hereinafter named Executor or Executors to pay all of my just debts and funeral expenses as soon after my death as may be found convenient to do so. I direct that my body be cremated and that my funeral services be conducted by Ewing Brothers Funeral Home, 630 South Hanover Street, Carlisle, Pennsylvania, and that my ashes be delivered to my Executor or Executors for disposition in whatever manner is deemed appropriate by my Executor or Executors. 2. I direct that all inheritance, transfer, estate, succession, and death taxes which may be payable on account of my death, including interest and penalties thereon, shall be paid from the residue of my estate regardless of whether the assets upon which such taxes are based are included in my probate estate. 3. All the rest, residue, and remainder of my estate, real, personal, or mixed, and wheresoever the same may be situate, I give, devise, and bequeath to my husband, SYLVESTER A. MIX ELL, his heirs and assigns, to the exclusion of my children, born and unborn. 4. Should my said husband, Sylvester A. Mixell fail to survive me, I give and bequeath all lawn care equipment and tools including tractors and mowers to my son, PAUL A. MIXELL, but should he predecease me then the same shall lapse and be included in the residue of my estate. 5. If at the time of my death I am the owner of the mobile home park located at 75 Bonnybrook Road in South Middleton Township, Cumberland County, Pennsylvania, I give, devise, and bequeath the same, including all mobile homes and equipment located at said park which are owned by me, in equal shares to my two sons, PAUL A. MIXELL and WAYNE MELVIN MIXELL, their heirs and assigns, provided each of them shall survive me by a period of ninety (90) days, but should either of them fail to so survive me then the share such deceased son would have received shall pass to such of his legitimate issue as shall survive me by a period of ninety (90) days, their heirs and assigns, per stirpes. .~ 6. .Should my said husband Sylvester A. Mixell fail to survive me, then in such event, all _t~e rest, ,residue and remainder of my estate, real personal and mixed, and wheresoever the same "~ay be Si-tuate, I give, devise and bequeath as follows: (a) 5% to my grandson, PAUL A. MIXELL, JR., his heirs and assigns, provided he shall survive me by a period of ninety (90) days, but should he fail to '--so survive me then to such of his legitimate issue as shall survive me by a period ?f. ?i~ety (90) days, their heirs and assigns, pe~ stirpes, and if there be no such lssu~the same shall lapse and be added proportIOnately among the other legatees set forth in subparagraphs below. ~,'.) (b) 5% to my granddaughter KATHY FREDERICK, nee MIXELL, her heirs and assigns, provided she shall survive me by a period of ninety (90) days, but should but should she fail to so survive me then to such of her legitimate issue as shall survive me by a period of ninety (90) days, their heirs and assigns, per stirpes, and if there be no such issue the same shall lapse and be added proportionately among the other legatees set forth in subparagraphs above and below. (c) 5% to my grandson, ANTHONY WAYNE MIXELL, his heirs and assigns, provided he shall survive me by a period of ninety (90) days, but should he fail to so survive me then to SUc;\ uf his legiiilIJaic issue as shaH survive me by a period of ninety (90) days, their heirs and assigns, per stirpes, and if there be no such issue the same shall lapse and be added proportionately among the other legatees set forth in subparagraphs above and below. (d) 5% to my great-grandson TYLER A. MIXELL, his heirs and assigns, provided he shall survive me by a period of ninety (90) days, but should he fail to so survive me then to such of his legitimate issue as shall survive me by a period of ninety (90) days, their heirs and assigns, per stirpes, and if there be no such issue the same shall lapse and be added proportionately among the other legatees Page 1 of 2 pages ~{~LC0( ~ Yn ~f set forth in subparagraphs above and below. (e) 20% to my son, PAUL A. MIXELL, his heirs and assigns, provided he shall survive me by a period of ninety (90) days, but should he fail to so survive me then to such of his legitimate issue as shall survive me by a period of ninety (90) days, their heirs and assigns, per stirpes, and if there be no such issue the same shall lapse and be added proportionately among the other legatees set forth in subparagraphs above and below. (f) 20% to my son, WAYNE MELVIN MIXELL, his heirs and assigns, provided he shall survive me by a period of ninety (90) days, but should he fail to so survive me then to such of his legitimate issue as shall survive me by a period of ninety (90) days, their heirs and assigns, per stirpes, and if there be no such issue the same shall lapse and be added proportionately among the other legatees set forth in subparagraphs above. 7. The meaning of "legitimate issue" as used in this Last Will and Testament shall be limited to a child or children born to a female descendent of Testator regardless of whether the mother is married to the father of such child or children, and shall be limited to a child or children born to a male descendent of Testator where the father of such child or children is married to the mother either before or after the birth of the child or children. In any case the meaning of child or children or legitimate issue as used above shall not include any adopted child or children. 8. I hereby nominate, constitute, and appoint my husband, SYLVESTER A. MIXELL, as Executor of this my Last Will and Testament, but should he predecease me or fail to qualify, or cease serving as such, then in such event I nominate, constitute, and appoint my two sons, PAUL A. MIXELL and WAYNE MELVIN MIXELL, as alternate or successor Executors and I further direct that none of them shall be required to post any bond to secure the faithful performance of his duties in the Commonwealth of Pennsylvania or in any other jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament written on 2 pages, this 10th day of June, 2003. )t; CL{';~ ~ ~ ~t4.Lf7 (SEAL) KATHLEEN c. MIXELL Signed, sealed, published and declared, by KATHLEEN C. MIXELL, the Testatrix above named, as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. 1/2.4 --'j ~ V YJ rru-z..t ~ - I d / 'I,- IJ , _ f~ Page 2 of 2 pages ~\ 0\ ()\&:--1 OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of Kathleen C. Mixell , Deceased Robert M. Frey and Trisha A. Liess , (each) a subscribing witness to the II Will II Codicil presented herewith, (each) being duly qualified according to law, depose(s) a say(s) that she / he / they was / were present and saw the above Testator / Tesatrix sign the same and that she / he / they signed as a witness t the request of Kathleen C. Mixell the Testator / Testatrix in her / his presence and in the presence oteach other. '. ././....._=1;;...~.../"" cIJ' - , ~ /';. / ~ k /d? Lu_..__O<! .5 r, ..f'" (Signature) (Signature) 5 South Hanover Street (Street Address) 5 South Hanover Street (Street Address) Carlisle PA 17013 (City, State, Zip) Carlisle PA 17013 (City, State, Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed Wd subscribed before me this ~ day of R-'oruOJl.f ~ 2007. . Sworn to or affirmed and subscribed before me this day of ,2007. Notary Public My Commission Expirees: (Signature and Seal of Notary or other offical qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. ; oj; k) if' :~ ("; c.;- :~: