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HomeMy WebLinkAbout05-04-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANI~ Estate of James S. Fer2uson . File Number 21-07- D<..\-o~ also known as , Deceased Social Security 182-40-9589 Petitioner(s) who is/are 18 years of age or older, apply(ies) for: [Xl A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the _Executor_ named in the last Will of the Decedent dated November 2, 2006 and codicil(s) dated N/A 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: No exceptions [ 1 B. Grant of letters of Administration (If applicable enter: c.t.a.; d.b.n.c.t.a.; endente lite; durante absentza; durante mznoT/tate) 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 Decedent then 47 years of age died on 4/2/07 Holy Spirit Hospital, Camp Hill PA Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) (If not domiciled in Pa.) (If not domiciled in Pa.) Value of real estate in Pennsylvania situated as follows: 10,000.00 e rey . erguson 109 Glen Drive Do lestown PA 18901 ,--, ~ --.J , ~.;... r...) ()l Page 1 of 2 OATH OF PERSONAL REPRESENTATIVE COMMONWEATLH OF PENNSYLVANIA COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirrn(s) that the statement in the foregoing peition are true and com: 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. ~e~~~~ Sworn to or ~firmed ~ SU.bSCribed before me thIS . fJ1CVj ;;2f:67 t1qt2if'JJbv<- For the Register . . . ,\ , ,J. File Number: (\ \ 6'\ b\.f:. ?}-{ r',,~) .... -'-, Social Security Number: ) ~ ~ Lfoi c;Z7 , Deceased Date of Death Lf /;;7/01 I Estate of James S. Ferguson AND NOW mal1. tf ' 2oQl.5n consideration of the Petition, satisfactory proof having been presented bef re me, IT IS DECREED that Letters Testamentary are hereby granted to Jeffrey S. Ferguson in the above estate and that the instrument(s) dated November 2,2006 described in thte Petition to be admitted to probate and filed of record as the las Will (and Codicil(s) of Decedent) ~,~~u Register of Wills ~cht j, Attorney Name Robert G. Frey FEES Signature Letters Short Certificates Renunciation l,0)IL ~cV ~+o ~ Sup. Ct. J.D. No 46397 IS- to C; Address: 5 South Hanover Street Carlisle, Pennsylvania 17013 Telephone: (717) 243-5838 ~~DlJ Page 2 of 2 TOTAL.. . 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. Fee for this certificate, $6.00 Li....~..~~~~ Local Registrar p 13445870 APR a 0 2007 Date No. r~.) H105-143 REV 1112006 TYPE , PRINT IN PERMANENT BlACI< INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examplea on reverse) "J \l6~ C.f1 1......0I_1Flnl._....._1 James S. Ferguson 5.Njo(lBIIBb1I1day) 47 v"- lib. Co.I1Iy 01 0e01h DOIhor - ~ 10. Race: Atnerican..... Black. WhIt8, etc. l_ White . la_.-.g-"'I_dIyl_,-,2lp-1 111 Parker St. Carlisle, PA 17013 1B.F-......~-,....-1 _. AclullIResid9nce 17a.State 17b.Co.I1Iy 17c.Dv.,_I.MIdi1 17d.!iI No,_I.MId_ Carlisle _~0I Twp. Cumberland 19. Mother's Name (AJIt. Tl'lktIe, malden sti'n8me) Cftyl.... Jacqueline Dunbar James J. Ferguson 200.-._(TypeIPl1nl) 2lM>._.-.g_I-.dIyl-.-,2lp-1 111 Parker St., Carlisle, PA 17013 R'om~m1"'rmle~:r"!'ro'~) % 21d locIIlal (Cly ,-'-, 2lp-1 Crematory Carlisle, PA 17013 James Ferguson ~ ~ ~ 22<:. 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Id II I~ II I () I ~ Petm~ No. LAST WILL AND TESTAMENT OF JAMES FERGUSON I, JAMES FERGUSON, married man, of the Borough of Carlisle, Cumberland County, Pennsylvania, (mailing address; 111 Parker Street, Carlisle, PA 17013), being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament hereby revoking and making void any and all Wills by me at any time heretofore made. 1. I direct my hereinafter named Executor or Executrices to pay all of my just debts and funeral expenses as soon after my death as may be found convenient to do so. I further direct that all inheritance, transfer, succession, estate and death taxes, including interest and penalties thereon, which may be payable on account of my death shall be payable from the residue of my estate regardless of whether the assets upon which such taxes are based are included in my probate estate. I hereby direct my hereinafter named Executor to make arrangements for the cremation of my body and the interrment of my ashes at the Memorial Garden of the Second Presbyterian Church, Carlisle, Pennsylvania. 2. I declare that I am currently married to SUE FERGUSON, and that I have two adult children, ERIN FERGUSON and CARRIE FERGUSON. I declare that I have no other children. 3. All of the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and bequeath to such of my children as shall survive me by a period of ninety (90) days, the share any deceased child would have received to pass to her issue, per stirpes, and if there be no such issue, said share shall lapse and be added to the remaining share. At the present time I have two children as aforementioned. 4. Should any person less than 21 years of age be entitled to a distribution from this my Last Will and Testament, the share that person would otherwise have received shall be paid to my hereinafter-named Executor in trust. I auth~~ the he~in named Trustee to receive and invest the same and to distribute the incometo)ether wtth so much of the principal as in my Trustee's opinion is necessary for the prqper cafe, maintenance, and support of the child and to distribute the principal together/with .~ny undistributed income to that person upon that person attaining 21 years of age..j' 5. I have intentionally made no provisions for my wife, Sue Fer~son, fof.ihe reason that we have previously made provision for the division of property among us.~':: 6. I hereby nominate, constitute and appoint my brother, JEFFREY FERGUSON, as Executor of this my Last Will and Testament, and I further direct that he shall not be required to post any bond to secure the faithful performance of his duties in the Commonwealth of Pennsylvania or in any other jurisdiction. 7. In addition to the powers conferred by law, my hereinbefore named Trustee and Executor and his respective successors, are empowered: a. To invest any part of the trust corpus in such securities, investments, or other property as may be deemed advisable and proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. b. With respect to any corporation, the stocks, bonds, or other securities of which may be held, to vote in person or by proxy on any shares of stock; to consent to the merger, consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale of the property of any such corporations; to make any surrender, exchange or substitution of such stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of such corporations; to pay all assessments, subscriptions and other sums of money which may be deemed wise and Page 1 of3 \~ expedient for the protection and maintenance of the proportionate interest of the investment in such corporations; to exercise any option or privilege which may be conferred upon the holders of such stocks, bonds, or other securities of such corporations either for the conversion of the same into other securities or for the purchase of additional securities, and to make any and all necessary payments which may be required in connection therewith; and generally to have and exercise as to all such stocks, bonds and other securities, the powers of an individual owner who is not under trust obligation. c. To hold the trust corpus in one or more consolidated funds in . which separate shares shall have undivided interests. d. To sell at public or private sale for cash or upon credit, or partly for cash and partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of the estate, and no purchaser at any such sale shall be bound to inquire into the expediency or propriety of any such sale or to see to the application of the purchase moneys arising therefrom. e. To keep on hand and uninvested such money as may be deemed proper and for such period as may be found expedient. f. To compromise, settle or arbitrate any claim or demand in favor of or against the trust estate. g. And authorized in the discharge of fiduciary duties, to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the principal or income of the trust fund, and shall further be entitled to charge against the principal or income such other reasonable expenses and charges as may be necessary and proper to incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. h. In making any division of property into shares for the purpose of any distribution thereof directed by the provisions of the trust, to make such division or distribution, either in cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any division or distribution in kind may allot any specific security or property or any undivided interest therein to anyone or more of such shares, and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value for purposes of distribution of the securities or property so allotted shall be final and conclusive upon all persons interested in the trust or in the division or distribution thereof. i. And authorized to register any shares of stock or other assets of any trust in their own names or in the name of a nominee. J. To retain and invest in shares of stock of my Trustee. k. To retain any investments including mutual funds which I may own at the time of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. I. To determine from time to time whether all or some portion of realized capital gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal to be retained as part of the corpus, and such designation need not be consistent from one year to another. \4r{ Page 2 of3 IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament written on three (3) pages, this 2;'~ day of Oeteher, 2006. vVOV.f. w0..v L/~/~_ AAMES ER SON . (SEAL) Signed, sealed, published, and declared by JAMES FERGUSON the Testator above named, as and for his Last Will and Testament, in our presence, who, in his presence, at his request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. ~ Page 3 of3 [;) \ OJ 043-1 OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA --------------------------------- Estate of James S. Ferguson , Deceased , (each) a subsribing witness to the [x] Will [] Codicil presented herewith, (each) being duly qualified according to law, depose(s) ; say(s) that she / he / they was / were present and saw the above Testator / Tesatrix sign the same and that she / he / they signed as a witness at the request of the T stator / Testatrix in her / his presence and in the resenc 5 South Hanover Street (Street Address) 5 South Hanover Street (Street Address) Carlisle, PA 17013 (City, State, Zip) Carlisle, PA 17013 (City, State, Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed a before me this of fY1tut subscribed day () Sworn to or affirmed and subscribed before me this day of ,20 Notary Public My Commission Expirees: (Signature and Seal of Notary or other offical qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument( s) at time of notarization. f0 ',,--,"