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Home My WebLink About03-05-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of M. LOUISE SMITH File Number 21-07 - O/qq also known as , Deceased Social Security Number 201-18-4001 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' OR 'B' BELOW:) 00 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the EXECUTOR last Will of the Decedent dated 8/27/1984 and codicil(s) dated nameu in the (State relevant circumstances. e.g.. renunciation. death (!{ 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) otTereu for probate, was not the victim of a killing and was never adjudicated an incapacitated person: o B. Grant of Letters of Administration (lfapp/icable. enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante ahsentia; durantc mil/oritute) Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following :iP9l1se (if any)~d heirs:(/j Administration. c.t.a. or d.b./l.c.t.a.. enter date of Will in Section A above and complete list of heirs.) C~ ~2 ::.:::; Name Relationshi (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his / her last principal residence at 39 CENTER DRIVE AMP HILL PA 17011 LOWER ALLEN TWP CUMBERLAND (List s(reel address. (oWl/lcity. township, coul/ty. state, zip code) Decedent, then 81 LOWER ALLEN TOWNSHIP years of age, died on 12/31/2006 at 39 CENTER DRIVE. CAMP HILL CUMBERLAND COUNTY PA 17011 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 PA) Personal property in County Value of real estate in Pennsylvania $ $ $ $ 10.000.00 0.00 0.00 0.00 situated as follows: 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: . Signature Typed or printed name and residence GEORGE E. SMITH 9 CENTER DRIVE CAMP HILL PA 17011 Form RW-U2 rev. IU/3.U6 Page I 01'2 Oath of Personal Representative COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND SS 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 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 x Signature of Personal Representative ~- ) '.c;cO ;,,,-,,! r-.....--' 2 -~ - ::1' -i=- <:: '") :;.:; Signature of Personal Representative ~~= :-:1 " I UI .:"j -0 -"'- File Number: J 1- 07- O/Qq :':-J't -~"-"'i (.11 U1 Estate of M. LOUISE SMITH , Deceased Date of Death: 12/31/2006 Social Security Number: 201-18-4001 AND NOW, \"\\~ cs- ~O(J--=t ,in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters TESTAMENTARY are hereby granted to GEORGE E. SMITH in the above estate and that the instrument(s) dated 08/27/1984 described in the Petition be admitted to probate and filed of re L'tt"'m:~E~ $ 15~ Short Certificate(s) ..5..... $ cOD enunciation(s) ................ $ $_16~ $ -,0.88 $ t:>. $ $ $ $ $ ~ Q6lX' TOTAL FOr/II R W-Ol re\', 10./3.06 Attorney Signature: DAVID H. STONE. ESQUIRE Attorney Name: Supreme Court I.D. No.: #39785 Address: 414 BRIDGE STREET NEW CUMBERLAND PA 17070 717-774-7435 Telephone: Page2of2 T"PO:".~C'.5 ~"SV 1/05 Thi ~~ 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. 13104393 No. I2nm- 1:1 ~~~ Local Registrar 6 Fee for this certificate, $6.00 p JAN 03 2007 Date f""....) c..:~ c:.:. -, I Ui -u :21 -07-()jQQ 0"1 Ui 'leV. W2lI06 PRfIT ~ WjEHT ]IN( 1.N<moof_(FiII._,laol.odIbl) M. COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VlTAL RECORDS CERTIFICATE OF DEATH STATE FILE NUMIlER Louise Smith 006 12. W.Decedenl:..lnht US.__ Ov. UNo ~ -- 17LSlBiI Pennsvlvania 17b.eoumyCumberland :'::"*" 17c.u:V.._'lLlwdil Lower TOWlIIIhIp'1 0 17d. ~o:"",u-Old- Twp. TW!>. ~11lon> L. Hale ".- 19. -Pa~!fri:---) S. Shettel 2lI>. InbmInt'I MoIIra _ (Shot. c:tty 1_. _, zjp-I 9 Center Drive, Camp Hill, 21c. _olOllpaollon(l/mloof..-y.__.._....l Emanuel -C~me~ery' " " 220. N<moIllCl_ofFaclly PO BOX 431, New PA 17011 21d. ~(CIIyI-'_zlp_1 airview Twp., PA c.n.-_23e<:orIy_oorlfyIng ~lInal_."'of_l:> cdy_ol_. _24-2lI_be~lI\'pIIIlII1 who__. Cumberfab~, PA 17070 23b.l.blnot_ 23<. CaIt SIpd (MontI, day, Y8'Il " :!I. lintoflllllllh 25.OIIo_Dood(Mont1.day,Y8'Il rfU! If M. 6Jec. .3/ ;2.",,;; ( CAUSE OF DEATH (See __ and...........1 ....27, PART t EnlorIho!:blilJll.mDtL.-, ~..~.lI1IIdRcIIy_Iho_, 00 NOT....._ _lIl1UC1l.ClIdIclmlt. I8Ipial:>rylmlt...___lII1Doi1glhoolology.Llltorlycn....ooeacl1h. ::-=::-~ : -~~ "~~~ =:....~CAJie ....~-"" =:O~~~ 2lI. w.oc.._l:>__IComerI:lr._OIlertt.l~..~? o v. 1a No ~- Oratll:> DttI1 ~It: EnIilIrotw*Rbnlm'llllrlll;rmWdM bdBllh butnol,..;Jngiltholl'llltltli't_givlnil PItt I, 2lI. IlId T obtcco UK CoolrbIto l:> lllllIlh? OV.OPl1lbtbly No 0- 29'E Naf___past""" Plogntnl at time of_ o NoI_lxJtpltgnllllwlhln~dayt ol_ D NoI_IU_43daytl:l1yw of_ um-W_wiIllnthopttlyw 32c. _olIriltY:Homt.F...,_F~. Olb~ttc.(SpocI/y1 Due lrl (or _. ctII'IIIIqUMCe ol'): d. :lOa w.o an ""- - o V.. ~ 3CI>.-~FIndIrvo A__l:l~ olCauteof~? o v. 0 No 31. Mltrarolllotlh 32a _ollljty(Month.day,yt6") 32b. OttatltHowIl1jl1yOoclt!td: ~ D- 0- 0 PIndIng"""" :Dl. lintofkjlty o - 0 Could Not be llRnnl10d M. 33d. OlIo SIpd (Month. day, Y8'Il v'" 't ,7( jLP'.J) 34. NlmtIllCl_ol_Who Conl>IoItdCauteollltalh (""77) Tjpo/Pri1l /.(.(.(,,-<4 JJ. (:.,.1.,{"f' s<o"'/ ~(/7 (""W-be. /1\/"-' /1 . v,,-. .' r( /'c: , }.: .( 33t. c...<_llIIIycn' . ~phjtIcItn~~....ol____~hoIpICI1lIlI"Oltd_and~1loln231 T.... _oI..,IlI-'tdIo.__..........lI1a.....l.... -............. __.. _ _ _ _ __ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ -.1J . ...............1IllI......,..pbJoIcIto~ boll ~_IllCI~l:>ClIlttof-> T.... _01..,......... __ II..-.....and pIoct, and ......lhtctUtO(.)....__tWM._ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _.D . =..:::-~ ..../.. InwotIIgtlIon,Ill..,__.......... 11"'__ tlldploct,....duo"'...COUot(I)....-..tItlt4...D ~~~7-1~a4M .;21 ,', '. , , ... LAST WILL AND TESTAMENT OF M. LOUISE SMITH I, M. LOUISE SMITH, of P. O. Box 237, Lewisberry, York County, Pennsylvania, do hereby make this my Last Will and Testament, revoking any former Wills and Codicils made by me. FIRST: I give my tangible personal property, together with any casualty insurances that I may carry with regard to said tangible personal property, to my husband, George E. Smith. Should my husband not survive me, I direct that my tangible personal property be distributed in accordance with the provisions of the residuary clause of this my Last Will and Testament. SECOND: I give the rest and remainder of my estate to my husband, George E. Smith Should my husband not survive me, I give said rest and remainder to my daughter, Kimberly Louise Whittington, or, if my daughter does not survive me, then to her issue per stirpes. In default of issue by my daughter, I give the rest and remainder of my estate to my mother, Pauline S. i',,_"l Hale, if she survives me. \..._~ If my mother does not survive me;, I ~,-_J give said rest and remainder as follows: (a) Thirty percent (30%) to my son-in-law, Benjamin R, Whittington, Jr. C'I ~ ., c; I (51 <'/1 /J . /.." 71;. ;;(~~ -1- .~ . , (b) Thirty percent (30%) to my husband's nephew, Larry E. McSherry. (c) Fifteen percent (15%) to my cousin, Betty Jane Shay. (d) Ten percent (10%) to my husband's nephew, Donald L. Rosenzweig. (e) Ten percent (10%) to the Lewisberry United Methodist Church, Lewisberry, Pennsylvania. (f) Five percent (5%) to the Emanuel Cemetary Association, Lewisberry, Pennsylvania. THIRD: If any beneficiary under Item SECOND is under thirty-five (35) years of age, I direct that his or her interest be held in trust by Dauphin Deposit Bank and Trust Company, 213 Market Street, Harrisburg, Dauphin County, Pennsylvania, hereinafter called Trustee, until such beneficiary reaches thirty-five (35) years of age. My Trustee shall apply such amounts of income and principal as it, in its sole discretion, deems proper for the support, education and welfare of such beneficiary, and may accumulate any unexpended balance of income to the extent permitted by law. Such amounts may be applied directly or may be paid to the beneficiary or to the person with whom such beneficiary resides or who has the care and control of such beneficiary, without the intervention of a guardian. My Trustee shall not be obliged to supervise or inquire into the application of such amounts by such person, and the receipt of '/)). ~~~J?' ~~ -2- tlf .. such person shall be a complete release of my Trustee. Should the share of a beneficiary, in the sole opinion of my Trustee, be or become too small to warrant continuing such fund in trust, or should its administration be or become impractical for any other reason, my Trustee, in its sole discretion, may pay such share absolutely to the beneficiary, or may deposit such share in the beneficiary's name in a savings account in a savings institution of its choosing, payable to the beneficiary at majority, which I define as twenty-one (21) years. FOURTH: I appoint my husband, George E. Smith, as my Executor. If he is unable or unwilling to serve, I name my daughter, Kimberly Louise Whittington, as my Executrix. If my daughter is unable or unwilling to serve, I name Dauphin Deposit Bank and Trust Company, Harrisburg, Pennsylvania as my Executor. I direct that my Executrix or Executor shall serve without bond in any jurisdiction in which called upon to act. FIFTH: I give to any Executrix or Executor and to any Trustee or Trustees named in this Will or any Codicil hereto all of the powers now applicable by law to fiduciaries in the Common- wealth of Pennsylvania and in particular, through the Probate, Estates and Fiduciaries Code, as effective and as in effect on the date hereof, during the administration and until the )/> ~~ vLIL - -3- . . completion of the distribution of my estate, and until the termination of all trusts created hereunder and until the com- pletion of the distribution of the assets of such trusts. SIXTH: I direct that this Last Will and Testament control the distribution of my property irrespective of whether there are of this Last Will and Testament. children born to me or adopted by me subsequent to the execution SEVENTH: The words "issue" and "children" whenever used in this Last Will and Testament shall include adopted children. EIGHTH: No interest of any beneficiary under this Will or tary or involuntary alienation. any Codicil hereto shall be subject to anticipation or to volun- NINTH: I direct my personal representative to pay any and all death taxes in connection with the administration of my estate from the residue of my estate. IN WITNESS WHEREOF, I have set my hand and seal on this my Last Will and Testament this 2-7~ day of 1984. SIGNED, SEALED, PUBLISHED, and DECLARED by M. Louise Smith, as and for her Last Will and Testament, on the day and year last above written, in the presence of us, who, at her request, in her presence, and in the presence of each other, all being present at the same time, have hereunto subscribed our names as witnesses: ~~ ;/},. L L1L M. LOUISE SMITH (SEAL ) ;Jbuy ~A/~.~ &n/ ;! tI~ aAZ~ V -4- .. ~ ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF DAUPHIN I, M. LOUISE SMITH, the Testatrix, whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instru- ment as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. ?h.,~~. M. LOUISE SMITH Sworn or affirmed to and acknowledged before me by M. Louise Smith, the Testatrix, this ~7~ day of ~ , 1984. J(o.-rL.,PuiJ~' ~ Notary ublic My Commission Expires: Kathryn C. HofHng~r, l'!otcry Public My Commi"ion Expires r.'or:h 14, 1 ~97 Hqnisburg. PA Dauphin Cown!y .. I,. . AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF DAUPHIN WE, Stacy L. Stefancin Carol A. Loomis , and Gary E. French , the witnesses whose names are signed to the foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as witnesses; and that to the best of our knowledge the Testatrix was at that time eighteen (18) or more years of age, of sound mind, and under no constraint or undue influence. )/t/U-y ~A5If.U/./~-! &>>1 d (;f~~ Gp [~A- Sworn or affirmed to and subscribed to before me by Stacy L. Stefancin Carol A. Loomis , , and Gary E. French , this .) 7M day of ~ ' 1984. ~c.~ Notary ubl1.c My Commission Expires: Kathryn C. Hollinger, Notary Public My Commission Ex.pires Morch 14, 19B7 Harrisburg, PA Dauphin County