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HomeMy WebLinkAbout02-12-07 Register of Wills of Cumberland County PETITION FOR PROBATE and GRANT OF LETTERS Estateof mlrR..Y AN,J $1"1'/111-1 No. () (- 01 - eXYJ1 also known as To: Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania , Deceased. Social Security No. 2() 5' . 3l:? -l?b ~3 The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years ofa e or older, and the executJJ!S.. named in the last will of the above decedent, dated &-. '3 -r; . , 20 D Z. and codicil( s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in C () MBEIZ tlfI\JLJ rinci al residence at lie ,J (list street, number and unicipality) Decedent, then ~ years of age, died fX;1lJG6It.. Irrt(zoob, at FttmJlY f<,E'rO&N~E q ElIJel'< DIlIIlJi. ~ Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: County, SotJ1JI1J'I~~JJtlE7PJ rwl. 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: $ 121.f20.~ $ J $ $ WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) Residence( s) of Petitioner( s) J 7gb" t;E ?71J1 B{JlJtfJ/lJGt~. ~H~~. ~~~S ~ i, \:: -'""-:::-u - -... ....-~-..... ,,> 'C")/--.; 5:~~i~1 :::; 77 -0 .;.-.... N W Register of Wills of Cumberland County OATH OF PERSONAL REPRESENTATIVE COMMONWEAL TH OF PENNSYL VANIA } SS: COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affmn(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 above decedent petitioner(.,) will well md truly odmim,t., the estate ""co,! to I~ j itA ~ Sworn to or affmn ed anebscribed {)( ~ ' B~fjlre. me this , 1:;+ day of ~ ,2001 . No.J,I-{)7-{)Ol'-j Esta of \fU...{~ G nn Sf'C'\\fu , Deceased DECREE OF PROBATE AND GRANT OF LETTERS VJ ~. I>> C .... C1> --- CJl '-" AND NOW hereof, satisfactory proofhavin ~~~i~;;'- ~ \ Ct 200\, in consideration of the petition on the reverse side een presented before me, IT IS DECREED that the instrument(s), dated , described therein be admitted to pr ate filed ofi\ec2{d a~tJ;1: la will of ; and Letters are hereby granted to a Yrnru I FEES Probate, Letters, Etc. ............. $ Will................................. $ Renunciation....................... $ Short Certificates ( ).. .. .. . .. .. . $ ~ \..\ . <5b JCP.................................. $ \ Q' ~ AutomationFee................... $ S. 6't> Bond............................. .... $ r"\ I Total $ '8'4. 00 Filed...c2Ll I ~ 20 01 3o'OD tb,~ Attorney (Sup. Ct. J.D. No.) Address Phone H105.805 REV 1105 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. ~~'~b3.-~~ Local Registrar "'. Fee for this certificate, $6.00 p 12727768 OCT 1 4 2006 Date C) ::;;0 --"' ::0 ..~~o I"-) = c::::> -..J ..." rr1 co (J(j ~: ~~ ~h . ~- :-0 ---; ~D ]-;-.. -0 :Jl: ~.. I :'0::"'.: C! N ':./) ~:-.::: N W Hl~.143 REV. 02f.l006 l'tPE/~1N PERMoIHENT IUCKtlK 1._.._(Fi1l.-.....-, Mary Ann Smith 5. Ago (lIoI1lirhlay1 Under . _. COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH STATE FILE NUMBER '.0tIt0l000ll-,,,,."" Oct. 11, 2006 ~ ~ 58 OOlho<-Spodfy. 10. Race: Americ8n nI8rl, BlICk. Vt'hiIe, Me. r_, wt)ite lib. CcuWy of DeaIh AI 17007 12. w.OecedInt.....1he U.S. Armed FOl'C8I? Ov. mNo -... AduII ReIIdence 17a s.. 17b.Colr>Iy PA Cumberland llid_ l..Mill 17c. Cl VeI,DecederiLMdln Townltlip? 17d. 0 ~~oflMldwlflin gene A. Smith, Jr. South Middleton T.... Clly/Bclo 19. MohIr'I NImI (Fi1t. middle, IMidlIn UNmlt) Viola M. Geibel 211>. _...__I_clly/_._...._1 9 Enck Drive, Boiling Springs, PA 17007 2'0. "'-oIllIspoMon(Nomool'*""""t._..-""'1 21d. ~(Clly'-,-,"'-I CclnIIIIelII....23Konly-_ ~1I...._II...oI_b """0.-01_. . ==:"-bypona> Evans Cremation Services 22l:._""'''''''''''''FadIly Brothers Funeral Hare, Inc., 23b. License Number Leola, PA . ~ Carlisle, PA 17013 Zlo.OtIt_I_...,.,.., 24. r.....OoIIh 25. DIIoPnlnauooodOoodIIob1h.day."" 2: 20 P M October 11, 2006 CAIJ8E OF DEAnt tSoo __ _ ......-1 "'27. PoIATt _"~__ijurioI,,,~,""_OIlIId"_.OONOT___""".,,,"",,""" _TECIdJIE. .....:=:--T'-.g..~. .UIt"f!1....O'-"'~.... _""-""g.J::1 _ . 't\A?'l(l~__~~rt'''2J Cdl\U< r ~.conlllqll8nC8: --. 0nIet b 0utI 26. WISCa!leReferT8d~Examer/CcronerloraReBlflOllerllBlCrtmlllonorDonallon1 o v. GIiio . ~ I: EnIIIr oI1Ir~tmdiIim. t:DI'IbibuIim k)dHIh. 28. Did Tob.x:o \JIe ConrbJIe J) 0uI1? bt.Inol_..._o.-gMln. Pat I. D v.. 0_ No Du- 29. IfFtm8lll: ..--""'... 'DPlognInIllline..- o :-do~bul__'2c1ays o :-=-bt.I.......3daysb'.,.. D Urok_W_..,_.."",... 32e. Place In;My. Home, FIfm, Snat. FPJry, ~_""I- e;n1ilt00l'lllll0nl.I fIr(. mc.-lIIIdmlntl. EMIr UHDERL YIIO CAUSE 1......<<!l:frY UlnIIMId !he "",*...-,g '" deaIh I tAST. Oueto(or_.~of)' o..to(or_.~oft Ov. JQ>. __ 31.;:lluIll '__b~ oICouIool00llh1 N..... D- o- D__ J2ll._...... D- DCcluldNol"__ D v. 0 No J2g. '-"*"01....(......""__1 301. w.~AutIpsy __11 M. V) ! o ~ I 33L ~_only....1 . ____0.-0I---~""_-""'_...231 To 1ttI.... or.." IInoWIIdge., dIIIh OCC8f'fIIdduelolhecauMtaJInd ................_ __.. _ __........................ ___........... __........... . _"'"""",",_I~""'~-""'_b......oI-1 T.... boot 01 my ___II "'Ilmo. _.... plooo,.nd ....10..."'_1........... oIIIiCl. _ _ _ _ _ _ _ _ _ _ __ _ _ _ u...D . =.:::- ~ Ind, or InvntIgItIoft,In my opinion, dNIh occ:urNd II the 11M, dIte, and pIIce, and dill to.... CIlUM(I) Md rMl'IMI' II slMfll_..D J3d. """_(Mon....,."" 35. ~ ""'~~~ lall 10.11 It) I LAST WILL AND TEST AMENT OF r--~ = <;;;..:.> -.l -., rr1 co o So , :::r.J 'y.'} J;;:F~ :t?052 N MARY ANN SMITH \~") C; -0 ) ('.~~! '''''1'1 :I: KNOW ALL MEN BY THESE PRESENTS, that I, Mary Ann Smith, 9'lmck Dr~, Boiling Springs, Cumberland County, Pennsylvania, being in good health ijild of so~d and disposing memory, do hereby make, declare, and publish this as my Last Will and Testament, hereby revoking all former Wills and Codicils heretofore made by me. FIRST: I direct that all my just debts and expenses of my last illness and funeral expenses shall be paid by my Executor, hereinafter named, from my estate as soon after my decease as shall be found convenient. SECOND: (a) I give personal gifts of the item named and to the individual listed on the Listing of Personal Gifts attached to this Will. (b) I give, devise, and bequeath all the rest, residue, and remainder of my estate, whether real, personal or mixed, of any nature whatsoever and wherever situated, including any lapsed or void legacy, to my husband, Eugene A. Smith, Jr. if he survives me by ninety (90) days. (c) If my husband, Eugene A. Smith, Jr., predeceases me or is not living on the ninety-first day after my death, then I give the rest, residue, and remainder of my property whether real, personal, or mixed, to my two children, Mark Travis Smith, 233 Conway Drive, Lititz, Pennsylvania 17543 and Tricia Bethany Smith, 9 Enck Drive, Boiling Springs, Pennsylvania; each of the two individuals to receive one-half (Y2) share. If either of the two devisees listed in paragraph (c) predeceases me, the percentage share that would otherwise be distributed to that predeceased devisee shall lapse, and the share that devisee would have taken shall go to the other devisee who survives me. THIRD: I hereby nominate, constitute, and appoint my husband, Eugene A. Smith, Jr., as Executor of this my Last Will and Testament. If my Executor fails to serve, or for any reason fails to continue to serve, I then appoint Mark T. Smith and Tricia B. Smith to serve as Co-Executors. FOURTH: I direct that my Executor, or his successor, shall not be required to furnish any bond or other security for the faithful performance of his duties, notwithstanding any provisions of law to the contrary. 1 . . FIFTH: My Executor shall have, in addition to the powers and authority conferred upon him by law, the following additional powers and authority: I. To gift, sell at public or private sale, exchange, lease, mortgage, or pledge any property, real or personal, constituting a portion of this estate, at any time, and upon such terms and conditions as he shall deem wise. 2. To invest any money at any time in such bonds, stocks, notes, real estate, mortgages, life insurance, annuities, or other securities, or such property, real or personal, as he shall deem wise, without being limited by any statute or rule of law regarding investments by the Executor. 3. To retain, without incurring any liability, as investments, any property owned by me at the time of my death, as long as he deems it wise, and even though such property is not the kind of property he would purchase as an investment, and even though to retain such property might violate sound diversification principles. 4. To cause any security or other property which may at any time constitute a portion of my estate to be issued, held, or registered in his own name, or in the name of a nominee, or in such form that title will pass by delivery. 5. To consent to the reorganization, consolidation, readjustment of the financial structure, or sale of the assets of any corporation or other organization, the securities of which constitute a portion of my estate, and to take any action with reference to such securities which, in the opinion of my Executor, is necessary to obtain the benefit of any such reorganization, consolidation, readjustment or sale; to exercise any conversion privilege or subscription right given to him as the owner of any securities constituting a portion of my estate; to accept and hold as a portion of my estate securities resulting from any reorganization, consolidation, readjustment, sale, conversion, or subscription. 6. To pay all costs, taxes, charges and expenses in connection with the administration of my estate. 7. To determine what is "Income" and what is "Principal" hereunder, and his decision thereon shall be final; and to purchase securities at a premium or discount, and to apply or charge said premium or discount against income or principal as he may determine. 8. To gift, transfer, sell, exchange, partition, lease, mortgage, pledge, give options upon, or otherwise dispose of any property at any time held by him, at public or private sale, or otherwise. 9. To borrow money from any person, firm or corporation, for the purpose of protecting and preserving or improving my estate or to execute promissory notes or other obligations for amounts so borrowed. 2 ~ ~ 10. To employ legal counsel, accountants, brokers, investment advisors, custodians, managers, and other agents and employees and to pay them reasonable compensation out of my estate or out of any fund held hereunder to which said compensation is attributable. II. To do all other acts in his judgment necessary or desirable for the proper and advantageous management, investment, and distribution of my estate. SIXTH: I direct that all transfer and inheritance taxes, state or federal, assessed because of my death, whether the funds, property, or insurance proceeds to which such taxes are attributable pass under this Will or not, shall be paid out of my residuary estate just as if they were my debts and none of those taxes shall be charged against any beneficiary; that my Executor pay, or provide for payment of all such taxes at such time or times, and in such manner as my Executor deems best. SEVENTH: All questions as to the validity of this, my Last Will, or the administration of the Will shall be governed by the laws of the Commonwealth of Pennsylvania. EIGHTH: If my husband and I shall die simultaneously or under circumstances which make it difficult to determine which of us died first, I direct that I, Mary Ann Smith, shall be determined to have predeceased my husband, Eugene A. Smith, Jr., and I direct further that the provisions of this Will shall be construed upon that assumption irrespective of any provisions of law establishing a contrary presumption or requiring survivorship for a fixed period as a condition of taking property by inheritance. NINTH: Should my husband Eugene A Smith, Jr., my children Mark T. Smith and Tricia B. Smith, and the issue of my children all fail to survive me, then I give, devise, and bequeath all the rest, residue, and remainder of my estate of whatsoever nature and wheresoever situate to Alberta M. Stockard, 206 Pinewood Drive, Butler, Pennsylvania 1600 l. TENTH: Except as otherwise provided in this Will, I have intentionally failed to provide for any other relatives or other persons, whether claiming to be an heir of mine or not. Insofar as I have failed to provide in this Will for any of my issue now living or later born or adopted, such failure is intentional and not occasioned by accident or mistake. 3 ~ , . IN WITNESS WHEREOF, I, Mary Ann Smith, the Testatrix to this, my Last Will and Testament, typewritten on four (4) sheets of paper which I have identified in the margin of each page by my signature, hereunto set my hand and seal this 13th day of March, 2002. ~~,Ld Mary An mith The preceding instrument consisting of four (4) typewritten pages, each identified by the signature of the Testatrix, Mary Ann Smith, was on this day and date signed, published, and declared by her, the Testatrix therein named, as and for her Last Will, 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. ro'+~~ 7'{~ ('J-L.. L COMMONWEALTH OF PENNSYLVANIA ) ) SS: ) COUNTY OF CUMBERLAND I, Mary Ann Smith, 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 the instrument as my Last Will on the 13th day of March, 2002; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. M~~~ 4 ~ , . Sworn or affirmed to and acknowledged before me, by Mary Ann Smith, the Testatrix, this 13th day of March, 2002. niA1l1A'-~A' J Notary Public Notarial Seal Niven J. Baird, Notary Public CarlIsle Boro, Cumberland County My CommIssion Expires Nov. 2, 2Ob2 Member, Pennsylvan'a !\ssoclatiOn of Notaries COMMONWEAL TO OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) We, the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Mary Ann Smith sign and execute the instrument as a codicil to her Last Will; 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 Mary Ann Smith signed the codicil as witnesses; and that, to the best of our knowledge, Mary Ann Smith was at the time eighteen (18) or more years of age, of sound mind, and under no constraint or undue influence. ~P,~ck- ~~ Sworn or affirmed to and subscribed to before me by the above-named witnesses, this 13th day of March, 2001. -',- (\lllO~~j Notary Public " 5 '.jotarial Seal Niven J. 8aird, Notary Public CarIsIe Bore, Cumbert8nd County My Commission; '""ires Nov. 2, 2002 Men1ber, Pennsylva, " ,. ';!i'tlon of Notaries