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HomeMy WebLinkAbout02-27-07 Register of Wills of Dauphin County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of GRAY, LILLIAN E. No. rJ J - 07 - 0/%5 also known as , Deceased Social Security No. 090070343 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE "A" OR "B" BELOW:) [i] A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut OR Decedent, dated 11/29/1990 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.I.a., d.b.n.c.l.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: I Name Relationship Residence I Samuel Grav son 110 Briarwood Ln. Carlisle PA 17015 61len G. Weeks dauahter 232 Heather View Dr.#D Jonesborouah, TN 37659-73433 (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence at 13 Strawberry Dr., Carlisle, PA 17013 Decedent, then 90 (list street, number and municipality) years of age, died February 12 ,2007, at 13 Strawberry Court, 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 ........................................................................................ $ Total....................................................................................................... .............. $ 10,000.00 Real Estate situated as follows: 13 Strawberry Court, Carlisle, PA 17013 169,900.00 179,900.00 1-...., (::;::::;::') = "-,;::0 ......., Wherefore, Petitioner(s) respectfully request(s) the probate of the Last Will and Codicil(s) presented with this Petition and.J~rant of li*Prs in the appropriate form to the undersigned: , I n CJ .' ,.,~I'-" . Signature Typed or printed name and,~~nce -.J ... . ~_. ..... '=,"; -0 C) Samuel Gra 110 Briarwood Lane Carlisle PA 17015 N .r- RW-7 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 before me this 27th day of ~/ '" ,Y .!--.: ' ) -""'" F~2007 J .. tiJu. (frlllJOYlL DECREE OF REGISTER Estate of GRAY. LILLIAN E. Deceased No. d./ -() 7 ---- 01 F S also known as Date of Death: 2/12/2007 AND NOW, 2007 , in consideration of the Petition on the reverse side hereon, satisfactory roof having been resented before me, IT IS DECREED that Letters l&I Testamentary 0 of Administration (c.I.a., d.b.n.c.l.; pendente lite; duran,!e absentia; dur~ rninoritate) . ) = -OJ ~~~ ~ ,Tc ,~ ", ,-) -;d::~; u :::: --'..j are hereby granted to Samuel Gray in the above estate and that the instrument(s), if any, dated 11/29/90 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. ::::1 f'0 " -) l-'r--! Letters ... ......... .... ....... ...... ....... $ d-.(PO,OO $ 4-D.OO ~co $-16. +- ,lSfu,dIA. r.!lvwij,) ~ Register Of~ ptr ~ U +e:r FEES Short Certificate(s) ......10.... 11~I'H:IAoiati6A .WI.l.l................ $ $ Codicil................................. $ JCP Feej.Auiomo,..flbY} $ Inventory & Tax Forms............. $ $ Extra Pages ( ) ....................... )............. . ~~AA Attorney .-'" Affidavit ( /5.00 Attorney: ADDAMS, WILLIAM A. I.D. No: 06265 Address: 57 W. POMFRET ST. CARLISLE Telephone: 243-7638 DATE FILED: 2/27/2007 Other ... ...... ......... ..... ...... ......... 33000 TOTAL .............................$ , PA 17013 RW-7A !Jl05.~05 Q.SV '/05 Thi5, 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 filmg. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 No. 2Ir__~. ~b.>.-&.~ Local Registrar . p 13310688 FEB 1 S 2007 Date ~ {t~ +4t~ 5 ~~~ ~-e : \.-:2, ~~ J)(",\)~ C~("~ d-I?,--m.!f. ~f. I C) 5~~ ::r-p f-,) c::> <= --' ~ 1-0'\ i::;:J N -I ~~~~:i r '~-'. . c,::? -0 ~ .' , :.~I N .;:- \D . .~ ~/- 07-0/g5 H105-143 REV 1112006 TYPE I PfUNT iN PEAMMIENT BlACK INK COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS CERTlRCATE OF DEATH (See Instructions and examples on reverse) Bb. Coul~ 01 0e0III CtmDerland 8d.F__(Ifnol_,jjvo_",,_ 13 Strawberry Court 7._ICl1y""_" STATE FILE NUMBER 4. Dale of Death (Month, day, year) February 12, 2007 0343 ..00000l_lMonttl,doy,yoa<) 90 VIS. April>l';: r~l~. R 12. Wu Oecedent...... in the U.S.__1 Ov.. IXlNo _. AcluaJResidenoe 17a.SIatt OOltler,Sped~, 10. Race: Amefican IndI8n, Black, Whitt, ele. I~. Whlte l'.DooodorlsUsuel Kildol_ '7b. CounIy D1d~.. lMI", T"""""1 17.e.l(JYes,__in 17.d.ONo,___n _"""01 s Mic'kn~ton Top. 18. Father'sNlwne (First,mIddIe,1ast, 1IlMix) Thomas Hillis 2Oa.1=,'~;;-'_ 19. Mocher's Name (Fht, n1ddIe, maiden uname) Nora Healy 2Ob........r."""".......I......cly/_._,zlp_1 110 Briarwood Lane, carlislePA 17015 21. Ploceol_(HImeol_,_,,_.....J 21d. lccollcnIClly/....,_, zlp-J Hoffman-Roth Funeral Home & carlisle PA 17013 Home & Crematory ClIy/Boro ~ ~ ~ 23c. Date Signed (Monlh. do" ,..~ . .. """- _23KcnIy__ ptl)'IlicIInlanatlVlillbleal1ineofdIBlhlo t*Ify (8JM of de8Il. _2<46_be_bype<1Cll 24.TlIIIOcfOealh 2S.DeleI'rcnclSlcodOeedlMon~,day,yoa<) ~ ""'_deotL 9:26 am lA. February 12, 2007 CAUSE OF DEATH (See __ _ __) IIern 27. Part I: EnI8t 1he~-d8eeIeI,...., or~-lheIchctlyCllUlled the death. 00 NOT ernrlllrminal MnIs suc:f1 as CMiac arrest, respiratory IIT8lIt, or WW1IricuI8r lldallon wIthoU showing !he eIIoklgy. List cnIy one C8UIII on eech 1nlI. ~~='I~ a. /fvt':f- ~t() /t-i~ I'JI'tlf-r~rrl --iPJ Z,1/n-f-; DueIo(orasaCOO!8lJ,J8nCeof); ~ I b. Ih (:. II" t:.Q 7m .ft&-U,..t'-P / T/W IlVtr : e. O~";"~." .~~' /II'! {..~. ' i n-J i Due to (or. I caneequence: '" . . I d. -; YU (.(,.. : 3lIa.Wasan_ 3011._"""'_ 31._0I0aaIh 32aDeleollniU<Y_,day.~ 32b.__,,*,~"""- ..........., ---"""'- M cfea....cfOoalhl 11'1(- D- O- 0_'_"", 32dTmecf',,"~ o - 0 Coo~ Not be llaI-..cI I AppIOXImeIeinterval: : Onset 10 Death 28. Old Tobacco Use ContrbJle to Death? . o v.. OPTcbably ONo 0- 29.IfFtmale: o Not__past_ o P<agnn""",,efdeotL o Ncl_butfl'llll1ll"_<2...ys cfdealh o Ncl_but_43doysto,_ -.- o -'__hlpast_ 321:. Place of Infury: Home, Fenn, &r88t, Factory, OlIIco_,otc.I_J -"'-,''''' IeIl:nJtotht,*-IIIedCllha. ....Iha UIIlERLYlNQ CAlISE =-~':.~.... ~ l'j ~ l'; ! M. DYes '(:i(tNo Ov.. ONe 329. LocationofInjwyIStrMl, clty/lown,salel 33a. CaIfiorlchackcnlycnol . Certlfrlngptryslciln(Physlctancerttryingcauseofdealhwhenanotherphysicianhaspl'OflOl.ftl8d death and completed 1t8m23) 1d111~1\1()1 Disposition Pennit No. ()lI15 410(0 " THE LAST WILL AND TESTAMENT OF LILLIAN E. GRAY Being of lawful age and sound and disposing mind and memory and not acting under any duress, fraud, undue influence or inducement of any person, I, LILLIAN E. GRAY, a domiciliary of Mount Holly Springs, Pennsylvania: ITEM 1 Hereby make, publish, and declare this my last Will and Testament, revoking and rendering null and void other Wills and codicils heretofore made by me. ITEM 2 I direct my Executor to pay the following as soon after my death as may be practicable: a. All of my just debts and the expenses of my last illness, funeral and of the administration of my estate; but my Executor need not accelerate and pay those unmatured obligations which, in his opinion, it might be proper and more advantageous to retain or renew and pay as they become due and payable. b. All inheritance, transfer, estate and similar taxes (including interest and penalties) assessed or payable by reason of my death, on any property or interest in my estate for purpose of computing taxes. My executor shall not require any beneficiary under this will to reimburse my estate for taxes paid on property passing under the terms of this will. ITEM 3 TESTATOR - The term "Testator" as used in this Will refers to the maker of this Will, whether male or female. EXECUTOR - The term "Executor" as used in this Will refers to the person I appoint to execute this Will, whether male or female. SURVIVAL - Whenever a provision of this Will conditions a beneficiary's taking by that beneficiary surviving the Testator, such condition of survival shall be construed as a condition precedent to the validity of the gift, devise or bequeath; and such condition shall be satisfied only upon survival by the beneficiary for a period of thirty days after the date of death of the Testator or until this Will is probated, whichever shall be the first to o~~lr, unl~s e>:pressly stated otherwise in a provision of this Will. "-::Q-' "-" PAGE ONE OF SIX PAGES <;..U f'J -.J r-q -.) ~ -tli A AA.u ro: qff"1 ~ '<!fL7iJ3-i ~ ~ .J ----------------- -- ---___~__ ___n_____ CHILDREN - The term "children" as used in this Will shall include any children hereafter born to or adopted by me, and any minor stepchildren living with me at the time of my death, as well as the children I now have, EILEEN WEEKS and SAMUEL GRAY, IV, unless expressly stated otherwise in some provision of this Will. MINOR - The term "Minor" as used in this Will means a person under years of age. DESCENDANTS - The term "Descendants" as used in this Will means the immediate and remote lawful lineal descendants or offspring 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. PER STIRPES - The term "Per Stirpes" as used in this Will means that whenever distribution is to be made per stirpes, the estate or portion of the estate, to be so distributed, shall be divided into as many shares as there are surviving heirs in the nearest degree of kinship to the decedent and deceased persons in the same degree of kinship who left issue who survive the decedent. This degree of kinship shall be termed the root generation. Each surviving heir in the root generation shall take one full share. Those remaining heirs, i.e. the surviving issue of the deceased persons in the root generation, shall take the share of their deceased ancestor in the root generation, such share being divided in the following manner: each surviving issue shall take the fractional share that his or her immediate ancestor would have taken had he or she survived; and when there are two or more such surviving issue in the same degree of kinship they shall divide such fractional share equally among them. PER CAPITA - The term "Per Capita" as used in this Will means that whenever distribution is to be made per capita, the estate or portion of the estate, to be so distributed, shall be divided into as many equal shares as there are surviving issue, standing in the same degree of kinship to the decedent. Distribution shall be made without reference to right of representation of the surviving issue. ISSUE - 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 adoption by that person or any of that descendant's legitimately born or legally adopted descendants. INTENTIONAL OMISSION - I have intentionally omitted to provide for any relative or other person, not named as a beneficiary, under this my Last Will and Testament, whether claiming to be an heir of mine or not, unless otherwise provided for in this my Last Will and Testament. PAGE TWO OF SIX PAGES ~;p~ ~ -4."1 flU} ~t3 & ITEM 4 I hereby give, devise and bequeath all the rest, residue and remainder of my said estate and property of which I may die seized and possessed, and to which I may be entitled at the time of my death, of whatsoever kind and nature, and wheresoever it may be situated, be it real, personal or mixed including any power of appointment that I may have, absolutely and in fee simple forever to my children, who shall survive me, in equal shares, and to the issue, living at my death, of such children who shall predecease me, per stirpes and not per capita. ITEM 5 In the event that the above beneficiaries shall not survive me, I hereby give, devise and bequeath all the rest, residue and remainder of my said estate and property, of which I may die seized, and possessed, and to which I may be entitled at the time of my death, of whatsoever kind and nature, and wheresoever it may be situated, be it real personal, or mixed, including any power of appointment that I may have, absolutely and in fee simple forever to: SAINT PATRICKS CATHOLIC CHURCH in Carlisle, Pennsylvania. ITEM 6 I hereby appoint my son, SAMUEL GRAY IV as Executor of my Will. If my Executor fails to serve, or for any reason fails to continue to serve, I then appoint my daughter, EILEEN WEEKS to serve as Executor. ITEM 7 I designate my Executor to be an Independent Executor to the fullest extent permissible under the laws of the State of Pennsylvania. I direct that no bond or other security be required. I further direct that no action be had in any court relative to the administration of my estate other than to prove and record this Will and to return an inventory, appraisal and list of claims of my estate. ITEM 8 My Executor shall have the following powers, which are to be construed in the broadest manner consistent with the validity of this Will and with their duties as fiduciaries. The powers stated herein are not intended to be exclusive, but shall be in addition to those granted by law and shall also pertain to any administrators or trustees who succeed the fiduciaries I have appointed. These powers are: a. to take possession of property, to keep it safely, and to segregate it from other property owned or held by the fiduciary; PAGE THREE OF SIX PAGES ) ::tdfj~ / ~f ~ ~ @ b. to retain and to invest in property, or an undivided interest in property, including residential real estate, for any period, whether or not the property be of the character permissible for investment by fiduciaries; c. to sell, transfer, exchange, lease, rent, mortgage, pledge, give options upon, partition and otherwise dispose of real or personal property, at private or public sale, for cash or upon whatever terms the fiduciary deems advisable, without notice or order of court; d. to render liquid my estate, in whole or in part, and to hold cash or readily marketable securities of little or no yield for such period as my fiduciary deems advisable; e. to borrow in the name of my estate or of the trust, upon whatever terms and conditions and for whatever periods my fiduciary deems advisable for the purpose of preserving, protecting or improving property held by him; f. to pay, compromise, adjust, settle, compound, renew or abandon claims held by my fiduciary and claims asserted against my fiduciary, on whatever terms he deems advisable, without prior court authority; g. to distribute in cash or in kind, or partly in cash and partly in kind, in divided or undivided interests, notwithstanding the fact that distributive shares may as a result be composed differently; h. to insure the property he holds as fiduciary against the risks, and in the amounts he, in his discretion, deems expedient, and to obtain and pay for life, health, liability and other forms of insurance for the beneficiaries of the trust, in his discretion; i. to employ attorneys, accountants, investment advisors and other professional assistants including depositaries, proxies, agents, and appraisers; j. to enter into transactions with other fiduciaries including executors or trustees of estates and trusts in which my beneficiaries have an interest, and including him as fiduciary for other estates and trusts; V to engage in the powers necessary to the effective administration of corporate securities, including, without limiting the generality of this power: 1. power to vote in person or by proxy upon all securities held by the fiduciary; 2. power to engage in a voting trust or voting agreement with respect to securities; PAGE FOUR OF SIX PAGES ~1i',up..t<- t.A1r..1J ~ ~ --- Q€: 3. power to consent or become a party to, or participate in; mergers, consolidation, sales of assets, recapitalization, reorganizations, dissolutions or other alterations of corporate structure, including adjustments in capital structure affecting securities held by the fiduciary, whether or not these adjustments involve payments by or to the fiduciary; and 4. power to hold securities in unregistered form or in the name of a nominee; 1. to pay himself reasonable compensation for his services. ITEM 8 If any part of this Will, or any trust hereby created, 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 Executor may seek and obtain court instructions for the purpose of carrying out as nearly as may be possible the intention of this Will shown by the terms hereof, including the term held invalid, illegal or inoperative. ITEM 9 Either I or my spouse have served in the Armed Forces of the United States. Therefore, I direct my Executor to consult the Legal Assistance Officer at the nearest military installation to ascertain if there are any benefits to which my estate or my descendants are entitled by virtue of such service. Regardless of my military status at the time of my death, I direct my Executor to consult with the nearest Veteran's Administration Office to ascertain if there are any benefits to which my survivors may be entitled. ITEM 10 I have made, or may from time to time make, a written memorandum expressing my desire to give certain items of personal property to specific persons. I urge my E>:ecutor and beneficiaries to respect these wishes. Such a memorandum, if made, shall be stored in conjunction with this Will. PAGE FIVE OF SIX PAGES ;lA!ld~ e,~ ~ 4M --. BE- " " IN WITNESS WHEREOF I have hereunto set my hand and seal in the presence of the witnesses whose names appear hereafter, published this ~r day of '---V1..J.-tu, u ~ 19 ~. ~./ '/",-4-, fI ~ LILLIAN E. GRAY (SEAL) ATTESTATION On thiso?~~ day of ~~~~, 19~, LILLIAN E. GRAY, the Testator, personally Published and Declared the foregoing Last Will and Testament, in the presence of each of us and all of us together, who, at the Testator's request, personally witnessed the Testator Sign and Seal the same. We then, at the Testator's request, and in the presence of the Testator and of each other, also signed each page of the said document as witnesses. We further state that each of us believes that at the time the Testator executed the foregoing instrument said Testator was of sound mind and memory, of lawful age, and did so execute it as a free act and deed and not under the unlawful influence of any person. NAME. ~ ~~ / NAME: ~ 7?v.0~ 3e2 tf CaH-ittJe.. )/tJtl-Se- JJr. ADDRESS: Ca-.~ lIill, lit /7<J/1 ADDRESS: .3g,-~~/~. ~Jkv.,'(P4 NAME: ..:A~ ~ .:Ka.....J- ADDRESS: Co 2..G( Acia.",^~ Rri C""'-.... (~s'e PAGE SIX OF SIX PAGES " ,. Commonwealth of Pennsylvania Self-Proving Clause STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND I, LILLIAN E. GRAY, Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. d.lh h. _ c! ~ LILLIAN E. GRAY . Sworn or affirmed to and E. GRAY, the Testator, this by LILLIAN Notarial Seal Wanda K Hunter, Naary PlbIc Carlisle Boro, CumberIwif Ccu1Iv MtCommission ExpiresQ:t. 18, 1993 Member. P~niYlvania A'>SOCialion of NY<l'!es Affidavit STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND We, EI.J~ENF t1/. llEdT€L , j)Ot-M!.-ES IYJ. f3ccJTeL- , and TV\o """'G..~ (".., \<.a V\4t ,the wi tnesses whose names are si gned to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute this Will as her Last Will; that LILLIAN E. GRAY signed willingly and that LILLIAN E. GRAY executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and that to best of our knowledge the Testator was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. WI~.<A&,~ ~~.~ WITNESS ~~ n. n .P- K o--l WITNESS by and 1 Sworn or affirmed to and subscribed to before me ELl6~'</~ W':' 8et../ra- , iJoLol€C5 111. 13EtJTEG- ~ ""'=~_K',^-<,' witne~~~...w~' ,ij?Y'c:? Wanda K Hunter, NoIaIy NlIc Not a r y Mt~~~ Member, PennSylVania AsiiociaIiCln of Notaries --------------------- -- - - -