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HomeMy WebLinkAbout03-09-07 .' ... PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Estate of Nellie M. Gardner also known as CUMBERLAND COUNTY, PENNSYLVANIA File Number 21-07 - Z Z. ~ , Deceased Social Sedurity Number 170-24-2072 Thomas Larry Gardner Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE ~' or '8' BELOW:) [!] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Execut~r last Will of the Decedent, dated 09/04/1984 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 exetution of the instrument(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.; a.b.n.c.t.a.; peaente lite; aurante absentia; aurante mmpntatej 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 Ui o (COMPLETE IN ALL CASES:) Attach additional sheets if necessary, Decedent was domiciled at death in Cumb nd Cou 22 Maple Avenue, Walnut Bottom, (List street address, town/city, township, county, state, zip code) last principal r€sldence at Decedent, then 2L years of age, died on 02/22/2007 at Forest Park Health Center, 700 walnut Bottom Rd., Carlisle, PA 17013 Decedent at death owned property with estimated values as follows: (If domiciled in PA) 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 situated as follows: 22 Maple Avenue, Walnut Bottom, Cumberland County 28,952.00 $ $ $ $ 37,500.00 Wherefore! Petitioner(s) respectfully request(s) the probate of the last Will and COdicil(s) presented with this Petition and the gJ.nt of letters in the appropriate form to the underSIgned: , Signature Typed or printed nam and residence Thomas Larry Gardner 0937 Morgan Drive Shippensburg, PA 17257 dm~ Form Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of2 ~ ... COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland Oath of Personal Representative } 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. Signature of Personal Representative Sworn to or affirmed and subscribed before me this C\4-\...> day of )5~~;}, Signature of Personal Representative Signature of Personal Representative File Number: 21-07- 22..7- Estate of Nellie M. Gardner , Deceased Social Security Number: 170-24-2072 Date of Death: 02/22/2007: I AND NOW, ~h ~ <:JOOI I , in consideration of the fo~egoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Thomas Larry Gardner in the above estate and that the instrument(s) dated 09/04/1984 I described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedentl Renunciation(s)............................. $ Attorney Signature: FEES Letters.. .................................... ...... $ ,~. 00 ~.ao Short Certificate(s)........................ $ l.b\ \\ '-. \0 P ( uj~*\ lW"\. Attorney Name: Supreme Court I.D. No.: 01624 Weigle & As ociates, P .C. Address: 126 East Ki g Street Shippensburg, PA 17257 717/532-738$ Telephone: Form RW-02 Rev. 10-13-2006 Copyright (C) 2006 form software only The Lackner Group, Inc. Page 2 of 2 1105.805 REV 1/05 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. Fee for this certificate, $6.00 ~J :U~ ~1 i Date. f'J = c;:> ~ (; ~O -J23 ::;::~ S;S I \..0 P- 13236425 ......C.l~ ~ CO) ~_._~ -=-h - HI 06-143 REV 11/2006 TYPE / PRINT IN PERIiWlEHT IILACK INK i COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH · VITAL RECO~DS CERTIFICATE OF DEATH I (See Instructions and examples on reverse) o "":l .._~ 1. Nome 01 DececlonI (FnI, middle. list, Nix) 2007 6. llIIIe al Birth {MonIh, dB , 10. Race: Adlorlc:an indian, Block, While. etc. (Spdy) White 17266 12. Was llel:edInt _ in lie U.s. Armed F~ o Yea lANo =~ 17a.SIaIe Penneyl vania 17b.CounIy Cumberland 170. DYes, Docedent Lived in 17d.D9i~~Jivldwtil Walnut Bottom Twp. City /8cm Orndorff 19. MotIIer'8 Name (Fi1I, niddIe. mIiclen_) Edith Coole 2Ob. InformonI'8 MoIling AdIteu (S1r8et, city /lown, 8la1e, zip lXldo) 10937 Morgan Drive Shippensburg. PA 17257 210. PlIceol DiIpoeIIion (Name of cemetoIy. CIllIIlIIaIy OIofher) 21d. LocaIion (City /lown. 8la1e, zip code) Shippensburg. PA 1725 111m124-26 _ be l:clI11lklled by pIlIOIl who pnlI1OlI1CII dIIlII. -'1M. CAUSE OF DEATH (See Inatruct10nII .nd ....mplea) ""'" 27. ParI I: Enlef lie ~ -....., ~. 01 ~ -thai diIedIy CIlLl88ClIl1e deaIl. DO NOT enter tennInaf _lUClIas C8tdiac anest, l8llpindoIJ IIl8II, Of wnIricuIIr IilIMln wIIhout ahowlng the eIoklgy. UIl only one CIll$O on IIdl h. ~~=l~ a. ~~~k~ Due \0 tOlas a conaaquence 01): b. Due \0 (01 as a conaaquence 01): Funeral Home Inc. 2311. Ucenae Number eN~~~L ~~~~7 26. Was Case Refetrad \0 MedicaJ examinar / Coronar lor a R....., 0Iher t Clamation or Donation? o Vas ~No ~ inleMJ: 0nIeI to Deat1 P8l1 R: EnIar oIhar . but not Ill6lAting in ... unIartyilg _ ~ in P8l1!. =1iIt candlions, ~ any, \0 cause liltadon line a. Enl8r lIIlEIILYlIlCl CAUSE (diseue Of ~ thIl inI1iatad the eventsl8Sltilg 11 daa1Il) lAST. Due to (or as a oonsequenc:e 01): ()/fI ~ L CIJ. c: C 0 p(') CA 28. Did Tobacco Usa Conbil\Ile \0 Dealh? o Yes 0 ProbebIy o No 0 lMknown 29. " Female: o Not pregnant within past year o Pl9gnanlalline of daalh o Not pragnanl, bul pregnant within 42 days of death o Not p<egnant, bul pregnant 43 days 10 1 year before deaIh o lmknown W JlIl9l8nI wilhin the pas! year 32c. 1:: = :"i~j 51reet, Factory, :101I. Was an Aulopoy Pefformed1 d. 311>. Were Aulopoy Fonci1gs AvalIaIlIe Prior \0 ~ of Cause oflJYh? DYes ONo 31. Manner 01 Death fjJ Nat....1 0 Ha11idde o - 0 Pendng InvesIigaliOO o SUicide 0 CIdd Not be DeIannlned 32d. Tme ollnjwy 32g. Looation oflnjUly (51rea1, cily / town, slale) 0""" MNo M. 330. C8f1iier (chod< only....) . =~:.r:::r::."==:"~the"':..ec~IIIdI~,::':::~~~h_~~~:" ~ _ __ __ _ _ __ __ _ _ _ __ _ ~ PIonoundng IIId ...uIJIng phyIlclon (Physician bolh prortOlI1Cing daaIh and cer1ifying 10 cauoe of death) To the best '-my 1moWIedgI, deMh _ II 1hl1Ima, dale. IIId pIIce, IIld due 10 lie ClUl8(a) and manner 18 I1ItecL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0 . IIodIc:aI EIraIIlInor / Coroner On the .... .- oumlnIIIon IIld I or kMatigalIon, In my 0flln!!!!I, duI!' .,;..",... II the II.... dIlIa, and piece, and due 10 the ....88(.) IIId _ as aIoIed.. 0 ! ~ ~ ~ 35. fle9slrar's Signalur. and ~ DiopcolIion Pennit No. 3 ~ 11 . ... IAST WILL 1\NDTEST1\MENr I, NRT.T.TR M. GARINER, of walnut Botton, SOuth Newton Township, Cumber- land COunty , Pennsylvania, being of sound mirrl, manory am understanding, do make ani publish this my last Will and Testament, hereby revoking and making void any and all famer wills and codicils by me at any tiIoo heretofore nade. FIRST. I direct my hereinafter narood Executor, or Executors as the case may be, to pay all my just debts and funeral expenses as soon as conveniently may re after ~ decease; I further direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid as part of the expense of the administration of my Estate. SEXX>ND. I give, devise and bequeath all my property, real, personal and. mixed, whatsoever ani wheresoever situate, to my beloved husband, CLARENCE A. C) u; ~, absolutely. t_:-:: i _ ~;~ THIRD. I her~ naninate, constitute and app:>mt my said husband, ~CE A. GAROOER, the sole Executor of this my Last Will and Testament. ~ m I - '~-.1 FOURI'H. Provided, hoWeVer, that in the event my said husband, CLARENCE r-- C~ ~.-...,; C" ::'-~ A.J~, should predecease me, or if we should die in a camon disaster, th in either of said events, I give, devise and l::equeath all my property, real, personal and mixed, vhatsoever and wheresoever situate, to my son, THCM-\S IARRY ~, absolutely; provided further, that in the event my said sen, THCM\S IARRY GARINER, should predecease me, then in that event, I give, devise and bequeath all my property, real, personal and mixed, whatsoever and where- soever situate, in three (3) equal shares, share and share alike, one (1) equal share to my granddaughter, L. CHRISTINE BIIGER, one (1) equal share to my granddaughter, C. SUSANNE GARINER, am one (1) equal share to my grandson, THCMAS L.. GARrNER, JR., absolutely; provided further, that in the event any of my aforenanai three grandchildren should predecease me, then in that event, I give, devise and bequeath the share of the said deceased graIrlchild to the child or children, in equal shares, share aId share alike, of my said deceased 71~ )n, ~(SEAL) . II .. .. grandchild, then living at the time of my decease; provided, havever, that in the event my said deceased grandchild leaves no child or children living at the time of my decease, then in that event, I give, devise and bequeath the share of my said grandchild to the surviving grandchild or grarrlchildren, to wit, either L. CHRISTINE BILGER, c. SUSAr\tm GA.RrNER, or, THCMAS L. GARL'NER, JR. . receive the share of the said minor child or children and invest and re- invest the same in legal or nan-legal investments, \t\hLchever in its discretion it deans proper, and the said Guardian to have full power and authority, in its descretion, to p;ly SUCh aIOOunts of incxme am principal as are necessary for the support, naintenance and education of the said mimr child or, children, and upon the said minor ch:i.ld or children reaching the age of eighteen (18) years, to pay the said share to the said child. SIXTH. Provided further, that in the event my said husbarrl, CLARENCE A. GARL'NER, should predecease Ire, or if we soould die in a ccmnon disaster, then in either of said events, I hereby naninate, constitute and appoint my said san, T!IM\S IARRY GARINER, the sole Executor of this my Iast Will and Testa"-l menti provided further, that in the event my said SOl1l., 'I'.H(}.1AS IARRY GA.RrNER, should preOE'Cease me, then in that event, I hereby naninate, constitute and appoint my said. granddaughter, L.. CHRISTINE BIIGER, my said granddaughter, c. SUSANNE GARL'NER, and my said grandson, 'lHG1AS L. GARINER, JR~, or the survivor or survivors of than, to witn, either L, CHRISTINE BIIGER, c. SUSANNE GARL'NER, or, ~ L. GARINER, JR., then living at the time of my decease, as Executors of this my last Will and Testament, my said Executor, or Executors as the case may be, to have full power and authority to do any am all things J1~ . ht · fl~ (SFAL) -2- n II I I ! . - -. necessary for the a:mplete administratim of my estate, including the ~ to sell any am all real and personal property of which I may die seized, at public or private sale, in his, or their, discretion, without any Order of any Court; and I further direct that my said Executor, or Executors as the case may be, not be required to file any Band in connecticn with the settlanent of my said Estate. IN wrINESS WHEREDF, I, NRTJ".rn M. GARDNER, have hereto set my hand and seal to this my Last Will and Test.a:rrent, written on four (4) sheets of paper, this 4th day of Septanber, 1984. 17.~ . }jf, ~~ (SFAL) Signed, sealed, published and declared by NEI.l.IE M, GARtNER, the Testatrix, as and for her last Will am Test:.amimt, written an four (4) sheets of paper, in the presence of us who have, at her request, signed our names as witnesses hereto in the. presence of the sa.i.d Testatrix ani of each other . -3- . . II -- - .. ~ OF PENNSYLVANIA SS CDmrY OF CUMBERIAND I, NELLIE M. GARI2-JER, Testatrix, whose name is signal to the attached or foregoing instnment, having 00en duly qualifiErlaccording to law, do hereby acknowledge that I signed and executed the instnment as my last Will and Testament; that I signed it willingly; and that I signed it as my free and vol\.mtary act for the purposes therein expressed", ~ )J1,~ Nellie .M. Gardner SYa:n or affinned to and acknowledged .before me by NRT.T.TE M. GARI2-JER, the Testatrix, this 4th day of September, 1984. CGKNWFALTH OF PENNSYLVANIA S5 . No lie ELllAIlTHi 8. FmER. ltOTARY U It WEST HNNSlOIO lWit.. CUIBE COUIlt MV COM.'SSION EIPIRES SIPT.12, 1917 ....,. Penn_.... AIIodltioa of loll.. COONTY OF CUMBERIAND We, roBERl' J. YOCtM and TERESA J,! BURKHOIDER, the . witnesses whose names are signed to the att.a.cred or foregoing instnment, l:;>eing duly qualified aocarding to law, do depose and . say that 'We \Ere present and. saw the Testa..... trix sign and execute the instnment as her Iast .Will am Testament; that the Testatrix signed willingly; am that. the Testatrix 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 18 or nore years of age, of sound mind, arx1 'l.1nier no oonstraint or t.mdue influence, PA Jsu-,~ ~ ~v...0&-o~ sa J", Burkholder Newburg, PA Sw:>m or affi.nned to and subscribed before me this 4th day of September, 1984. Notary EllManH.. FrtBR, M'ltY J . W~ST PlNNSBORO lWP., CUIBERLAND COUN'li MY C~..'ISION EXPIRES SEPT. 12. 19'~ _ j "tIilbtr. ftlllfts,"lnil As_lItten .f Netan" -4-