HomeMy WebLinkAbout04-11-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF Cumber land
COUNTY, PENNSYLVANIA
Estateof Gordon L. McKiernan
also known as
File Number ~ 1-07 - 0353
. Deceased
Social Security Number 0 9 0 - 1 6 - 29 7 5
Petitioner(s). who isIare 18 years of age or older, apply(ies) for:
(COMPLETE ~' or 'B' BELOW:)
UJ A. Probate ad Gnnt of l.etten Tesumeatary and aver that Petitioner(s) is I are the co - e xe cut 0 r s
last Will of the Decedent dated 3 / 1 0 / 9 8 and c::odieil(s) dated
named in the
Shirley D. Mckiernan, wife of decedent, executed Renunciation in favor of
Pe tit i 0 ne r s . (Stow nlevant ciroll1lf8tJnce8, e.g., nnllllCiation, death of execlllor, etc.)
Except as follows, Dcccdcm did not many, was not divon:cd. and did DOt have a ebild bom or adopted after execution of the inlttumcut(s) oft'ctaI
for probate, was DOt the victim of a killing and was never adjudicated an incapacitated person:
o B. Gnud of Letten of AdmiaistndioD
(l/ applicable, en/er: c.I.a.; d.h.n.c.La.; pendente lite; dllrrmte ab_tia; dMnmte mbrorltate)
Petilioner(s) after a proper sean:h bas I have ascertained tbat Decedent)eft DO Will and was survived by the following spouse (if any) and heirs: (If
Administration, c.t.a. ar db.n.c.t.a., enter cIaLe a/Will in Section A above and complete list a/heirs.) ,-.., ~~:;
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Name
Re1ationship
(COMPLETE IN ALL CASES:) AttacII tuIdIdtmtrl _eels if necelI1IIII'Y.
Decedent was domiciled at death in ~p r 1 rI ni County, Pennsylvania with his I her last principal ~ at
222 Messiah Circle, pper llen Twp. Mechanicsburq PA 17050
(T i.w .Ylreet addre.."" townIcf.91, tDwn.<thip, COIInty, .WaIe, zip rods)
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Decedent, then 8 3 years of age, died on 3 / 5 / 0 7
~;:arTi c::.hl1r']' I D~nnC':yl 'T~n; ~
at tlarrisburg ~spi tal
Decedem at death owned property with estimated values as follows:
(If domiciled in P A) All personal property
(lfnotdomiciledin~ Pe~nalp~rtyinPennsylvania
(If not domiciled in P A) Personal property in County
Value of real estate in Pennsylvania
$ Unknown
$
$
$
situated as follows:
Wherefore, Petitiona(s) respectfuJly request(s) the probate of the last Will and CodiciI(s) presmled with this Petition and the grant of Letters in the appropriate form to
the 1IIIdersigoed:
FormRW-02 "",.1O.B.06
Page 1 of2
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Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
: SS
COUNTYOF Cumberland
The Petitioner(s) above-named swear(s) or affinn(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
be ore me the ~ day of
SignaJvre ofPenonal RepruenJotive
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File Number:
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Estateof Gordon L. McKiernan
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. Deceased
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Social Security Number: 090 - 1 6 - 2 9 7 5 Date of Death: 3 / 5 /07
AND NOW, I fH1 Clpu.} .,{lCXJ7 . in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Tp- ~ t;'l mp- n t;'l ry
areherebygrantedto Jay S. McKiernan and Joel L. McKiernan
in the above estate
and that the instrument(s) dated J /1 0 / g R
described in the Petition be admitted to probate and filed of recoti
FEES
Letters ............... $
ShortCertificate(s) . .1. . . . $
~R~unciation(s) .... I. . : : : :
... $
mo.non ... $
... $
... $
... $
... $
... $
... $
TOTAL. .. .. . . .. . . . .. $
~oo
&O,OD
5", (J()
15.00
10.00
5.Co
Attorney Signature:
J. Katshir, Esquire
Attorney Name:
Supreme Court 1.0, No,:
61967
Address:
900 Market street
Lemoyne FA 17043
Telephone;
(717) 763-8133
7500
FonnRW-02 nv.lO.13.06
Page 2 of2
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This is to certify that the information here given is correctly copied fro~ 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
No.
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Local Registrar
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13378445
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H10&-143 REV 1112006
TYPE 1 PfllNT IN
PfBWENT
BlACK INK
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See Instruc:tlone and .UmplH on 18_)
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222 Messiah Circle
Mechanicsbur PA 17055
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Gordon L. fot::I(iernan
5_ Ago {WI_I! IMdor I
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~ 11a.SIiM Pennsylvania
17b_ CounIy CUmberland
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oERI~ 01lOo\ oNullingHomo 0_ oOllll-Spedly:
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... ~~-=1lIniod. 15. SunoMngI!lJcMo (I.... IlNo _.....,
Married Shirley Davis
::'::"'"' '7.-K1 v.s._Uvodil Upper Allen
T_1 17d.01lo._Uvod_
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August 2 1923 , Hi
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Harri
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Florence He
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222 Messiah Circle Mechanicsburg, PA 17055
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LAST WILL AND TESTAMENT
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OF
GORDON L. McKIERNAN
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I, GORDON L. McKIERNAN, of Mechanicsburg, CumbeJ;"~nd C)
. _ ~ J
County, Pennsylvania, make, publish and declare this as and for ~J
my Last Will and Testament, hereby revoking all other Wills and
Codicils heretofore made by me.
PIRST: I devise and bequeath all the rest, residue and
remainder of my estate of whatever nature and wherever situate,
including any property over which I hold power of appointment and
together with any insurance policies thereon, unto my wife,
SHIRLEY D. McKIERNAN, provided she survives me by sixty (60)
days.
SECOND: Should my wife, SHIRLEY D. McKIERNAN, prede-
cease me or die on or before the sixty-first (61st) day following
my death, I devise and bequeath all the rest, residue and remain-
der of my estate of whatever nature and wherever situate, includ-
ing any property over which I hold power of appointment and
together with any insurance policies thereon, in equal shares, to
my children, JAY S. McKIERNAN and JOEL L. McKIERNAN, provided
that should any of my children predecease me, I give and bequeath
such child's share unto his issue per stirpes by representation,
and if there be a failure of same, then I give and bequeath such
deceased child's share to my surviving child as provided herein.
THIRD: Should any of my grandchildren not have
attained the age of twenty-five (25) years at the time for dis-
tribution to him or her, I give, devise and bequeath the share of
each such grandchild to my hereinafter named Trustee or Trustees,
IN SEPARATE TRUSTS, to hold, manage, invest and reinvest the
shares so received, and to use and apply from time to time such
portion of income and principal for the said grandchild's
education (including college, trade school or other similar
training or education), as my Trustee or Trustees, in their sole
discretion, deem advisable.
~
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Upon each of my grandchildren attaining the age of
twenty-three (23) years, I direct that they shall be entitled to
receive one-half (1/2) of the principal and any and all accumu-
lated income in the trusts established hereunder for their
benefit. All remaining principal and any and all accumulated
interest shall be paid, absolutely, to said grandchild upon that
grandchild reaching the age of twenty-five (25) years. In the
event any grandchild dies prior to the termination of this trust,
the interest of said grandchild in said trust shall cease with
any income and principal being divided evenly between or among my
other grandchildren or the separate trusts established hereunder
for their benefit.
FOURTH: In addition to all powers granted to them by
law and by other provisions of this Will, I give the fiduciaries
acting hereunder the following powers, applicable to all proper-
ty, exercisable without court approval and effective until actual
distribution of all property:
(A) To sell at public or private sale, or to lease,
for any period of time, any real or personal property and to give
options for sales, exchanges or leases, for such prices and upon
such terms (including credit, with or without security) or
conditions as are deemed proper. This includes the power to give
legally sufficient instruments for transfer of the property and
t to receive the proceeds of any disposition of it.
(B) To partition, subdivide, or improve real estate
and to enter into agreements concerning the partition, subdivi-
sion, improvement, zoning or management of real estate and to
impose or extinguish restrictions on real estate.
(e) To compromise any claim or controversy and to
abandon any property which is of little or no value.
(D) To invest in all forms of property, including
stocks, common trust funds and mortgage investment funds, without
restriction to investments authorized for Pennsylvania fiduci-
aries, as are deemed proper, without regard to any principle of
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diversification, risk or productivity.
(E) To exercise any option, right or privilege granted
in insurance policies or in other investments.
(F) To exercise any election or privilege given by the
Federal and other tax laws, including, but not necessarily being
limited to, personal income, gift and estate or inheritance tax
laws.
(G) To make distributions to my herein named benefici-
aries in cash or in kind or partly in each.
(H) To borrow money from themselves or others in order
to pay debts, taxes, or estate or trust administration expenses,
to protect or improve any property held under my will, and for
investment purposes.
(I) To select a mode of paYment under any qualified
retirement plan (pension plan, profit sharing plan, employee
stock ownership plan, or any other type of qualified plan) to the
extent the plan or the law permits them to do so, and to exercise
any other rights which they may have under the plan, in whatever
manner they consider advisable.
FIFTH: I nominate and appoint my sons, JAY S. McKIERNAN
and JOEL L. McKIERNAN, or the survivor thereof, as Trustees of
the hereinabove described trusts, who shall serve without bond
and shall receive fair and reasonable compensation.
SIXTH: I direct that all inheritance, estate,
transfer, succession and death taxes, of any kind whatsoever,
which may be payable by reason of my death, whether or not with
respect to property passing under this Will, shall be paid out of
the principal of my residuary estate.
SEVENTH: All interests hereunder, whether principal or
income, which are undistributed and in the possession of the
fiduciaries acting hereunder, even though vested or distribut-
able, shall not be SUbject to attachment, execution or sequestra-
tion for any debt, contract, obligation or liability of any
beneficiary, and furthermore, shall not be subject to pledge,
3
assignment, conveyance or anticipation.
EIGHTH: I nominate and appoint my wife, SHIRLEY D.
McKIERNAN, Executrix of this, my Last Will and Testament. In the
event of the death, resignation or inability to serve for any
reason whatsoever of the said SHIRLEY D. McKIERNAN, I nominate
and appoint JAY S. McKIERNAN and JOEL L. McKIERNAN Co-Executors
of this, my Last Will and Testament. I direct that my Executrix
or Co-Executors, Trustee or Trustees, as the case may be, and
their successors, shall not be required to post security or a
bond for the performance of their duties in any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and
seal to this, my Last Will and Testament, this /u Y< day of
~ ,1998.
~2'~~
GORDON L. McKIERNAN
( SEAL)
Signed, sealed, published and declared by the above-
named Testator as and for his Last will and Testament in our
presence, who, at his request, in his presence and in the
presence of each other, have hereunto subscribed our names as
attesting witnesses.
Address
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Address
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MEMORANDUM
In conjunction with my Last will and Testament, dated
~~~ , 1998, the following information may be of some
help to my personal representatives in the administration of my
estate. This information is in no way intended to be a part of
my Will nor to alter in any way anything contained in my said
Will.
1. I direct that my remains be cremated and, further,
that there be no viewing. I further direct that my ashes be
scattered as my family sees fit.
Date: ~".r,/~ I"f';".P ~ ~ ~SEAL)
/ OORDON L. McKIERNAN ~
Cumberland
REGISTER OF WILLS
COUNTY, PENNSYLVANIA
81-D7-1/362>
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OATH OF SUBSCRIBING WITNESS(ES)
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Estate of Gordon L. McKiernan
, Deceased
James D, Bogar . (_) a subscribing witness to
(print Name/s)
the I!JWill [] Codicil(s) presented herewith, (Mdt) being duly qualified according to law, depose(s) and
say(s) that - I he 1_ was I Went present and saw the above Testator I lSwrik sign the same
and that ~I he I tll. signed the same and that xboo' he lxbe,' signed as a witness at the request of
the Testator I 'I~ m Jmr I his presence and in the presence of each other.
1 West
(Signature)
(Street Address)
(Street Address)
(City, State, Zip)
Shiremanstown, PA 17011
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this
of
day
Executed out of Register's Office
Sworn to or affirmed and subscribed
d-nd
before me this
of~'LP
day
, :;;"007
Deputy for Register of Wills
-:B0)nl~ cI Lt1Q0.~
Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.) -
Form RW-03 rev. 10.13.06
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instnunent(s) at time of notarization..
JlI OF PENNWAfftA
NOTARiAl SEAL -
IOIINIE l. W1WAMS, NOTARYPUBUC
IIIIREMANSTOWN BORO., CUMBERIN4D co.
MY COMMISSION EXPIRES APRil 18 2009
OAm OF NON-SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
Cumberland COUNTY. PENNSYLVANIA
fA \ -07 - 0353
Estate of Gordon L. McKiernan
. Deceased
Jay S. McKiernan
~ Joel L. McKiernan
(each) being dUly qualified aceording to law. depo~and say~) that De hm / they was / were well-
acquainted with Gordon L. McKiernan and .ware familiar
with the handwriting and signature of the decedent, and that the signature of ~nrnnn T. M ('OJ{ ; t:1 r n ~ n
to the foregoing instrument purporting to be the Last Will and Testament/Codicil of
Gordon L. McKiernan is in hisIk.. own proper handwriting.
~4/!Jk~lfll1~
J 6 ~. (bieN fJo~A-^J DR.
(SIner Adtmu)
~r.~ffl.-S PA /7":JICf
Exec"ted in llegistB's OjJice
Sworn to or affirmed and subscribed
before me this II +h day
of 9 ptiJ .~/)D7 .
ClMim Q~
Deputy for Register ills
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RENUNCIATION
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REGISTER 'OF WILLS
-.--.------Cumberland COUNTY, PENNSYLVANIA
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~, - 07 - D353
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Estate of
Gordon L. McKiernan
. Deceased
I,
Shirley D. McKiernan
(print Nam.)
wife
. 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
Jay S. McKiernan and Joel L. McKiernan
~y, '/ /1,) J..oo'1
(Date
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(Stgnabtre)
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(Street Adlh.u)
~ /l/'1 17 t>!J7:'-
i:h,.. State, Z~) ~ - J /
Executed in Register's OjJice
Sworn to or affirmed and subscribed
~fureme~s ooy
of
Executed out of Register's OjJice
Before the undersigned personally appeared the
party executing ~s renunciation and certified
that he or she .execmed ~ ---U~ ilie
purposes tated within on ~s . day,
of r\ \ 2.. 0 ..
Deputy for Register of Wills
Notaty Pubb
My Commission Expires: .
Form RW-06 nI'. 10.13.06