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HomeMy WebLinkAbout03-14-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYL VANIA Estate of ESTHER I. HARRIS also known as File Number 2J -0,- 2'-f?f , Deceased Social Security Number 183-18-7122 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 EXECUTORS last Will of the Decedent dated 7/26/1983 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 execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: o B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia: dU/'Unle minorilalej 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:({{ 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 Relationshi 1"'__) C:~'l -,". I -.--1 County, Pennsylvania, with his / her last principal residence at PA 17 7 BOROUGH OF NC CUMBERLAND o ill Decedent, then 84 5005 NORTHWEST WAY years of age, died on 3/9/2007 at HURRICANE WV 25526 Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (lfnot domiciled in PAl Personal property in Pennsylvania (lfnot domiciled in PAl Personal property in County Value of real estate in Pennsylvania 422 FOURTH STREET, NEW CUMBERLAND, PA 17070 $ $ $ $ 1.000.00 0.00 0.00 100.000.00 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 lonn to the undersigned: Typed or printed name and residence WV 2 26 NY 13104 Form RW-02 rev. 10.13.06 Page I of2 .> Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND 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. Sworn to or affirmed and subscribed before me the _l ~ day of ~(L lW\ ~ "'-'-""" ~ 1:L.d- · C\ ^ - \ For the Registe~ ~ xku #. ~aA/J Sig;;atur ofpersanfll Re7Yentative ~UE H. CLARK A-Yz If. .~ Sig ature of Personal Represen DAVID HARRIS Signature afPersonal Representative File Number: 2/- 0""'"'1 -~y. % Estate of ESTHER I. HARRIS , Deceased Social Security Number: 183-18-7122 Date of Death: 3/9/2007 AND NOW, '("(\ox-cL \ ~ ,~Ol , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters TESTAMENTARY are hereby granted to SUE H. CLARK and DAVID HARRIS in the above estate and that the instrument(s) dated 07/26/1983 described in the Petition be admitted to probate and filed ofrec rd as the last Will (and Codicil(s)) of Decedent. TOTAL ............................. $ ~Lo 0 . (j\) $ \"-" . uD Attorney Signature: $ $ \S-_ Ou Attorney Name: DAVID H. STONE. ESQUIRE $ \0.0\) Supreme Court I.D. No.: #39785 $ S . tJi) $ Address: 414 BRIDGE STREET $ NEW CUMBERLAND $ $ PA 17070 $ $ Telephone: 717-774-7435 $ 60S- , uU FEES Letters ............................. Short Certificate(s) ............ Renunciation(s) ................ ~~\\ '- \CP ~~~\U-<- Page 2 01'2 Form R W-02 rev. /0./3.06 "'p€., 1tJI,' ~ WEST VIRGINIA DEPARTMENT OF HEALTH & HUMAN BUREAU FOR PUBLIC HEALTH - VITAL RE PHYSICIANS I MEDICAL EXAMINER'S CErtnFl ROOM 165, 350 CAPITOL STREET, CHARLES If .~ PER~,^,"'NT , 1IL.o..:I< iNK 1DECl:DE ( Esther MiIEOWE CAUSE fFinoI _or....- -..gindoothl -to-- ( 1-e.- ~ ~e UV\tt V DUE 10 lOA AS " CONSEClUeNCE OF) f'l }.' , ' ~ 1iII....-.., , My, IHding ~..-. ...., ',m.r llIlDEl'llVlNG CI\USE (Dioeue or,~ 1haI,;___ ...lUIling.. _1t1.~~ b. DUE 10 lOA AS " COHSEQUeNCE OF) L DUE TO lOA AS " COHSEClUeNCE OF) " 1!NI1"Qb[ 29WZ ATH D- o SuocicIt 0_ ta. CERTIFIER IChecIl cn/lf -I 0..""""",,, ~ D.~noI'" ~ I \ , ' ~(~~::~d::~""'''''~''-'~"~f:~n:t",,,,~I\''_lil!;,~II~','I'I'''lill'I'ill'I'il'ii,III",':" TO.......cI"'I'~._~_IO.,._.I.._...""'Ied. ' ,'" .." ","""'",",, "'''''''"",', - ----- - -......_,- -:......,--,~... - -'~,"" -~""""'- - -- -- -:- - -,%"p ""'!I,~,',',: .;.;,.1I',6"."'I'~ _1,,1il\~~'_li~ ~,'=II_ o PIlOIolOl.a<CINGANO__~(~_ ~ ......~ ~ ro ca;;.;.d'a.:;;'I., TO lie.... dI "'I' kn.......'> _ __ at... _ ...., _-.' _ <Iile 10 tlllt __I."" ~.,',..,',',,;g, ------ - - -'- - - ---.;.; ----- -- - - --,- - -'-- - - - -,'7"':,J!!!!T'!,,- - - -"."."'I'="'_"':~_ OIi!Elllldel.EX_A~A ":' "",' ,"'" ", On the ... of examinaIian MtJIOI ~. ... my QC:linion. death OCQIrre<t allhe lime, dtle, and Place and due to the c:.tu:M(SI and mal'\fW as _feci A Form VS-002 (Rev. 6/92) :":~.",, , V STATE COPY' t STONE, SAJER 8c STEWART Attorneys at Law 414 B rIdge Street New Cumberland, Pa. 17070 ;r. II -J- :1 LAST WILL AND TESTAMENT ': -) '---:..~' ) -......J --7~6 1 OF ESTHER I. HARRIS ~-""J :::-.:) \.0 It ESTHER I. HARRISt of the Borough of New Glmberland, County of Cumberland and Commonwealth of Pennsylvania, declare this to be my last Will and revoke any will previously made by me. ITEM I: I devise and bequeath all of my estate, of every nature and wherever situate, as follows: A. One-third thereof to my daughter, SUE H~ - CLARK~ if she is living on the thirty-first day following my death and if she is not then living this share shall be distributed to her issue, per stirpes, living on the thirty-first day following my death. Should neither the said SUE ll.CLARK, nor any of her issue be living on the thirty-first day following my deatht then this share shall be added to and treated as part of the shares created in Paragraphs Band C below. B. One-third thereof to my son, DAVID HARRIS, if he is living on the thirty-first day following my death and if he i.s not then living this share shall be distributed to his issue, per stirpes, living on the thirty-first day following my death. Should neither the said DAVID HARRIS, nor any of his issue be living on the thirty-first day following my death, then this share shall be added to and treated as a part of the shares created in Paragraphs A and C of this Item I. Page I of 6 pag~s " L STONE, SAJER II< STEWART Attorneys at Law 414 BrIdge Street New Cumberland, Pa. 17070 " Ii I C. The remaining one-third thereof to the Trustees hereinafter named, IN TRUST, for the following uses and purposes: 1. The Trustees shall pay to my daughter, ANN M. HARRI or apply for her benefit as much of the income and principal of this trust as the trustees in their sole discretion deem advisable for the support, education and general welfare of the said ANN M. HARRIS. The trustees shall apply such income and principal for any special education and maintenance, either in an institution or otherwise, and such other purposes and needs as the trustees deem fit and proper in view of the physical and mental limitations of my said daughter. 2. Upon the death of my said daughter, ANN M. HARRIS, or upon my death, if my said daughter prede<;eases me, the trust shall terminate and the trustees shall distribute all of the then remaining principal and accumulated income to the issue of the said ANN "M.' HARRIS ,per stirpes, then living. Should there be no issue of the said ANN M. HARRIS then living, the then remaining principal and accumulated income shall be distributed to my then living issue, per stirpes. ITEM II: I appoint my executors and their successors guardians of any property which passes either under this will or otherwise to a minor and with respe.ct to which I am authorized to appoint a guardian and have not otherwise specifically done so, provided that this appointment of a guardian shall not supersede the right of any fiduciary, in its discretion, to distribute a share where possible to the minor or to another for the minor's benefit. Such guardian shall have the power to use principal as well as Page 2 of 6 pages STONE, SAJER a. STEWART Attorneys at Law 414 Bridge Street New Cumberland, Pa. 17070 II I income from time to time for the minor's support and education Uncluding colleg education, both graduate and undergraduate) without regard to his or her parent's ability to provide for such support and education, or to make payment for these purposes, without further responsibility to the minor or to the minor's parent or to any person taking care of the minor. ITEM III: In view of the physical and mental limitations of my daughter, ANN M. HARRIS, I appoint my daughter, SUE II. CLARK;' and my son, DAVID HARRIS, Guardians of the person of my said daughter, ANN M. HARRIS. ITEM IV: I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of the expense of the administration of my estate. ITEM V: The interests of the beneficiaries hereunder shall not be subject to anticipation or to voluntary or involuntary alienation. ITEM VI: My Executors, Trustees and Guardian shall have the following powers in addition to those vested in them by law, and by other provisions of my will applicable to all property, whether principal or income including property held for minors, exercisable without court approval and effective until actual distribution of all property: A. To retain any or all of the assets of my estate, real or personal, including stock of my corporate fiduciary or of its parent holding company. Page 3 of 6 pages STONE, SAJER 80 STEWART Attorneys at Law 414 Bridge Street New Cumberland, Pa. 17070 " B. To invest in all forms of property, including stock, common trust funds and mortgage investment funds, whether operated by my corporate fiduciary or others, without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification. C. To sell at public or private sale, to exchange or to lease, for any period of time, any real or personal property and to give option for sales, exchanges or leases, for such prices and upon such terms and conditions as they deem proper. D. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper. E. To borrow from, or to sell to, my Trustees, even though such Trustees may be my Executors. F. To compromise any claim or controversy. ITEM VII: I appoint my daughter, SUE H~CLARK,. and my son, DAVID HARRIS, Trustees of any trusts created by this my last will. Should both my duaghter, SUE H~ . CLARK, and my son, DAVID HARRIS, fail to quali.fy or cease to act as trustees, I appoint CCNB Bank, N. A., of New Cumberland, Pennsylvania Trustee of any trusts created by this my last will. ITEM VIII: I appoint my daughter, SUE H.C~~ and my son, DAVID HARRIS, Executors of this my last will. Should both my daughter, SUE H~ CLARK., and my son, DAVID HARRIS, fail to qualify or fail to act as Executors, I appoint CCNB Bank, N. A., of New Cumberland, Pennsylvania Executors of this my last will. Page 4 of 6 pages /~.j STONE, SAJER a. STEWART Attorneys at Law 414 Bridge Street New Cumberland, Pa. 17070 " -,.....^- I' " Ii ITEM IX: I direct that my Executors, Trustees and Guardians shall not be required to give bond in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~~ ,~ day of p~ , 1983. 7'~ WL~( , ESTHER I. HARRIS (SEAL) SIGNED, SEALED, PUBLISHED and DECLARED, by ESTHER I. HARRIS, the Testatrix above named, as and for her Last Will and Testament, and in the presence of us, who at her request, in her presence and in the presence of each other, have subscribed our names as witnesses. <~r~ Mitness f ca~~ AI r/4tv Witness ~?~ /l~~~J~~ Adtlress ---'\ /1.w- a~( a, Address ' Page 5 of 6 pages n -'. ,--,.."".-,n-e;,'~""'-'i'" ,',.,".j il i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. I, ESTHER 1. HARRIS, Testatrix 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 this 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 contained. ~~UJJ~< Esther L Harris Sworn or affirmed to and the Testatrix, this ~ ~day of a. ckno)f~e~ed before me by ESTHER I. HARRIS, '~ ' 1983. Q~/ 4L!)~~ (:::7 Notary Public C/ JOAN A. DERAGO, Notary Public My Comrrnssion Expires Oct. 1, 1984 New Cumberland Cumbo Co" Par COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :ss. I, and C@a l<d~ the witnes s whose names are signe to the attached or oregoing instrument, being duly qualified according to law, do depose and say that we were present and saw testatrix sign and execute the instrument as her last will; that testatrix signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the heari.ng and sight of the testatrix signed the will as witnesses; that to the best of our knowledge the testatrix was at the time eighteen or more years of age, of sound mind and under no constraint or undue influence. ," / ~r We ;~ d:ft:f Sworn or ?~ ff. rmed to and subscribed ;7 and </~, ~ J ./'1)- , 1983. ~j-'./ STONE, SAJER lie STEW ART Attorneys at Law 414 Bridge Street New Cumberland, Par 17070 Notary Public JOAN A. DERAGO, Notary Public My Commission Expires Oct. 1, 1984 pages New Cumberland Cumbo Co" p.. Page 6 of 6