HomeMy WebLinkAbout02-27-07
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PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF Cum (JjER..LAAll)
COUNTY, PENNSYLVANIA
. Deceased
File Number 2'- Di- 1&'7
,Q2 -~C)- tq"o
Social Security Number
Estateof Jv\A-t<.CU'\'l<tLL~'i Mt LLl;-~
also known as
Peti.tioner(S), who islare 18 years of age or older, apply(ies) for:
(COMPLETE ~' 01' 'B' BELOW:)
El A. Probate and Grant of L.etten Te!tamentary and aver that Pe1itioner(s) is l.tu:etbe CE X E ( u T R \ X
last Will of the Decedent dated L{ / "5/)" 002. and codicil(s) dated
~mthe
(Stille relevant circumn:mces, 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 instrument(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
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1mB. Grant oftAUen of Admlnistratioo ~ n ~ ..-,- , tl
(lfapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durrmte abMmUo; durrm~~lllte) ~ >~.!. ;:-.-...;
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Petitioner(s) after a proper search has I have ascertained that Decedent left no Will and was survived by the following ~) .anc'J)eirs: (If:" ,;:
Administration, C.t.a. or db.n.c.t.a., enter dote of Will in Section A above and complete list ofheirs.)~= (;3 ;~ -.I _~_; r.~'_'3
Name
Relationship
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CX)
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: -== C)
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(COMPLETE IN ALL CASES:) Attllcll addltiOllal sheets if necessary.
County, Pennsylvania with his I her last principal residence at 0
\ RC MAfJOR, CA-~C AJiJ~~J1V()- ....a~€
Cn-W\ PHI L L fb ,> R ov,,~ t-l J Cv v'Y\ ~ e-~ LA-ND c:. () UN TY
Decedent. then <if ~ years of age, died on q / ~ J ).. 00 b at A to 0\) ~ R. es , 0 € file G, It4 ~ G
Y\1 A No R. (^ R 6 I ,., 0 0 VVl A- R.. t: ~ , $" T , ('" A- "'" P ,..... I U I P 1+ i '/0. .
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) All personal property
(If not domiciled in P A) Personal property in Pennsylvania
(If not domiciled in P A) Personal property in County
Value ofreal estate in Pennsylvania
$ '?3q~",
$
$
$
situated as follows: So \l E. R c 16- '" ~ A N K. C'"' E ~ I N 6- ~((" duN -r
Wherefme, Petitiona'( 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 fonn to
the undersigned:
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1\1 t"-1U..t A- W\
CSA.IT 1,-, 'I S: Mt:-J\-OoW DIVe
yY\ celt ANuG CS ~ u ~6-- PI1 17o~-j-
FormRW-02 rev.l0.1J.06 Page 1 of2
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Oath of Personal Representative
COMMONWEALm OF PENNSYLVANIA
: SS
COUNTY OF rUM p, E R L-A- f\I C
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 ofPetitioner(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
before me the :2 'l~ day of
~~ .:loen
(y,~~Q Ch,a ~
. For the Register
V7-11uA"€/~"YYl ~~
Signature o/Personal epresentative
Signatllre o/Personal Representative
Signature of Personal Representative
File Number: :2..1 - 0, - I 'K1
Estate of WI P. (2 Cl A 1< E LLe 'i M, LL ~. FCL . Deceased
Social Security Number: ,t:t) - :lo - l q to 0 Date of Death:--9J ~-I ?- 00 ,
AND NOW, ~Ao...J.J. j ~1 .,!).(x),. in consideration of the foregoing Petition, satisfactory proof
having been presented before me, mIS DECREED that Letters \e~M&;: ~IA.~(
are hereby granted to ~ ~ (L YY\. ~ b rt
in the above estate
and that the instrument(s) dated 4 - s- - 0 d-
described in the Petition be admitted to probate and filed of r
FEES
Letters ............... $30.00
Short Certificate(s) . . . . . . . . $ \~. 0\.:>
Renunciation(s) .......... $ S-. cJt)
~ \\ ... $/~ .()C)
.Jc.p . . . $ \0.00
CL..-+v-r-~-tl~ ... $ S. ()U
'" $
. .. $
... $
...$
...$
.,. $
TOTAL.............. $11.~O .o;c>>
Form RW-02 rev. 10.13.06
Attorney Signature:
Attorney Name:
Supreme Court J.D. No.:
Address:
Telephone:
Page 2 of2
:0~Y.(~~ ?ZSV :Ir;~
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.
Fee for this certificate, $6.00
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Date
Local Registrar
p
12838213
SEP 0 8 2006
No.
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PRIN1' IN
lAIlEHT
CK INK
1. No.. 0I~ (Frst niddIt.losl)
COMMONWEALTH OF PENNSYLVANIA - DEPARTMENT OF HEALTH- VITAL RECORDS
CERTIFICATE OF DEATH
Cullberland
C8IIp Bill
3. Soelal SoctNlIy N_
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82 VIs.
lIIl. CounIy 0I1l1a1ll
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Wkfowed, 0MlIcad (~
II. ~sU'" ofW<lll<done lI1Dlllof Ift'danae_relired
KftIofWcR _ J<ildol~ry
Professor UIl1vers1ty
_ 16. lltcIdInI'IlWng Addr.- (5nII. ety_, _, ~ code)
1700 Market Street
C8IIp Bill. Pennsylvania 17011
Oil Otcedenl
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Township?
17b. CounIy CullberlaDd
I7d.]I :=o~1lI wIhIn Cap Hill
ITC. 0 VIS, DeclllenlliYllIln TWIl.
Clymoro
18. F...... NaIna (FnI, niddIt, Iul)
Fred H. Kelley
200. InilmanI's - (TYI*PftnI)
Marcia lIesbit
19.
. Nlme (FilsI, niddIt, molden lumarna)
Mary Schuyler
2011. _nr.....1na Addrou (SlrHl. cly.1ooMI. llIta, .-. code)
1774 S. Meadow Drive
Mecbanicsburg. Pennsylvania
21c. PIoc. of OIIpcellion (N1IIlI of ctmaIIry. .rema\oly or other plitt)
Cr~tion Society of PA
o A8IftlVIf """ StatAl
2006
17055
21d. loc:Ition (City_......,.-. code)
rrisburg. PA 17109
28: Oil Taboc:al U.. CoIWblIe 10 Od?
o VII 0 ProbobIy
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29. K Femela:
;I(Nol1JlllPlllll wIIIlIn pest year
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o Not pregnar(, bUI prtgIlIIlI wiIhi1 ~ doY5
oldllatll
o Not prtgIlIIlI, bUI pragnanl ~ doys 10 1 yeor
betlto cIoo.II\
o Una-. prIGIIIIII......1ho pest year
32c. PIocI of \njUrf: HIlma, Farm. SIr. Fadory. (lib
llJId/ng.eIC.(~
o Donation
09';'S ,4-1A.
CAUSE OF DEATH lSelInllrucllolll )
.... 27. Part I: EnIar 110 ~ -........, ...... Of COI1'4IbliGns -1haI dieclIy ca....1ha dIIaIh.ll(l NOT enter 1llll1Dl...anIs such II canliac 11IlIS1,
rospiIaIory 11rIII, or ___, IbrIatlon _ sIlowilg tho 1lIobgr. 00 NOT alllIr...... EnIar only... ClUIO on a ....
=::o~t-::~ a. Cun q ~ shv<. H f'''''''' t 1=....; \v.>rCo
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1waiIIllI Prior 10 Carr.,IIIlon
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3211. nno 01 ~ry
35.
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321. DIll 01 Injury (Month, day, year)
31. ~0I00a1h
)It'Ju1url1 0 HonicidII
o _ 0 PendIng IIwta\IgIIIon
o SuIcide 0 Cautl Not eo Oellminod
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330. C<<tIftor (chock only onal
c..tlfrIng p/IrIIclln (I'lIysi:ion cet1iIyinQ calM of _ _1_' p/Iysil:iIn hU pronounced doath and OOfl'lIioled Itam 23)
TD __ of my IINMIIdoI. _ DCeUn*I duo" _ ClUH(I' and _IS 1lIled_...._........_.__....._..__.....___...._....._................_....._._._.0
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IIodIcaI ua...............
On _ basil DloxarNnlllon anellor lnvatlgatlon, In my opinion, ....lh occurred II \Ill lima, dill, Ind plate, and due III \Ill caUllf.llnd "'"MIl' II "'l~ _.....0
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32g. Location (SlrIIl, cly.1ooMI, 11110)
33d. Dlla SIonIlI (MonllI. diy, yea~
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LAST WILL AND TEST AMENT
OF
MARCIA K. MILLER
I, MARCIA K. MILLER, of Lancaster 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.
Article II
All inheritance, estate, and succession taxes (including interest and penalties thereon, but not
including any generation skipping tax) payable by reason of my death shall be paid out of and be
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 h~e the po~
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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 to my daughter, MARCIA M. NESBIT, of Cumberland
County, Pennsylvania. In the event that MARCIA M. NESBIT predeceases me or fails to
survive me by thirty (30) days, I give, devise and bequeath the residue of my estate according to
the following:
1. To my granddaughter, KELLY D. NESBIT, I give forty-six percent
(46%) of the residue of my estate; and
2. To my grandson, DOUGLAS E. NESBIT, I give forty-six percent (46%)
of the residue of my estate; and
3. To my step-granddaughter, ERIN NESBIT, I give eight percent (8%) of
the residue of my estate.
If any of my beneficiaries 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 have on issue, the share( s) are to be added equally to the other shares.
-2-
Article V
If a beneficiary under this Will has not attained the age of twenty-five (25) years, the share of
the beneficiary shall be placed in a separate trust, for the benefit of that beneficiary according to the
terms in Article VI.
Article VI
In the event that a Trust is created by or as a result of any part of this Will, the terms and
conditions of the Trust shall be as follows:
A. To expend and apply so much of the net income and so much of the principal ofthe
Trust as the Trustee shall consider advisable for the support, health, care and education of the child
until the child attains the age of twenty- five (25) years.
B. Upon attaining the age of twenty-two (22), one-third (1/3) of the principal and
accumulated income, of the child's share shall be distributed outright to the child.
C. Upon attaining the age of twenty-five (25), the remaining principal and accumulated
income of the child's share shall be distributed outright to the child.
D. No beneficiary or remainderman of this Trust shall have any right to alienate,
encumber, or hypothecate his or her interest in the principal or income of the Trust in any manner,
nor shall any interest be subject to claims of his or her creditors or liable to attachment, execution, or
other processes of law.
Article VII
In order to carry out the purposes of the Trust established by this Will, the Trustee, in
addition to all other powers granted by this Will or by law, shall have the following powers over the
Trust estate, subject to any limitations specified elsewhere in this Will:
- 3 -
(a) to retain in the form received and/or 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 fiduciary/income tax returns and pay the tax due for any year for which such a
return is required,
(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 along with or with others, any business in which I am engaged in or have
an interest in at the time of my death, and
G) to receive reasonable compensation in accordance with their standard schedule offees
in effect while their services are performed.
Article vm
I hereby appoint my son-in-law, DAVID D. NESBIT, as Trustee of any Trust(s) created in
this Will.
-4-
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Article IX
I nominate, constitute, and appoint my son-in-law , DAVID D. NESBIT, Executor of my Last
Will and Testament. In the event of the renunciation, death, or inability to act, for any reason
whatsoever of my Executor, I nominate, constitute and appoint my daughter, MARCIA M.
NESBIT, successor Executrix of my Last Will and Testament. I direct that my Executor or
successor Executrix be permitted to serve without bond and in addition to those powers granted by
law, I grant them power to distribute in cash or in kind in like or in unlike shares and to file any
qualified disclaimer I could have filed ifliving. My Executor and successor Executrix shall receive
reasonable compensation for services rendered to my estate.
Article X
In addition to the powers conferred by law, I authorize my Executor and successor Excj,cutrix,
I
in his/her absolute discretion:
I
(a) to retain in the form received and to sell either at public or private sale, anyre~l 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 t<l> 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 bene~ciary, .
(f) to file any federal income tax return for any year for which I have not filed sucq return
prior to my death,
- 5 -
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.
(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 necessaI){ 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 bave an
interest in at time of my death, and
G) to receive reasonable compensation in accordance with their standard scheduler of fees
in effect while their services are performed.
IN WITNESS WHEREOF, I, MARCIA K. MILLER, hereby set my hand to this nI1y Last
~/1 ^ ~'~ S-
Will and Testament, on ~ ' 2002, at Harrisburg, PennsyiIvania.
k.. Vl^f()n
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MARCIA K. MILLER
In our presence, the above-named MARCIA K. MILLER 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
Address
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.
I, MARCIA K. MILLER, 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
MARCIA K. MILLER, the Testatrix,
on 4 -5 ,2002.
c3~' ell- cjl. MUtd
tary Public
.m~ J<
MARCIA K. MILLER
~
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
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WI ess .
~UldIJ,t J4r/tIlA:t
WItness
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RENUNCIATION
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REGISTER OF WILLS
r u VY\ B ~ R LAN [) COUNTY, PENNSYL VANIA
:61-01- 1~1
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Estate of f\I\ Pt R. c.. I A 1.( ELL E" "{ M l LEt'<-
I, D A V l D D,N ~"S 8> I -r
(print Name)
SOI\J- 1l\J-L~\^,
, Deceased
, in my capacity/relationship as
of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
M A- (? c.. (~ M . N ES ~ I.
::JttV\utirtt [2.2.007
(Date)
Executed in Register's Offlce
Sworn to or affirmed and subscribed
before me this day
of
Deputy for Register of Wills
F'O"" RW -06 '!-V~ W n06
~
(Signature)
\ II 4 So uT 1-\ t"^ E:A- Do(.\,) or<, VE'
(Street Address)
Vh ~c H A N Ie 5 e u R. 6-, PA 170 S S-
(City, State, Zip)
Executed out of Register's Offlce
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
purposes stated within on this I .2 day
of,- JewLlU-rJ. . , ~7
~~~
Notary Public
My Commission Expires:
(~~ ~m!~J 9fNg!lID' gr gtb~ gffi~~J ID!!JJj.fi.~ ~9
administer~. Show date of expiration of Notary's Commission.)
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAl ,
ROBERTA E. BIESECKER, NaWy Public
Camp HIM 80(0, CtJrnbertIftCl County
~Conwnis,i~ [xD!res J~Y ,2~, 2009
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