HomeMy WebLinkAbout05-08-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF Cumberland
COUNTY, PENNSYLVANIA
Estate of Henry Russell Grove, II
also known as H. Russell Grove
File Number
a \ () 'I ()l\ "-\ ~
, Deceased
Social Security Number 162-32-4669
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
~ A. Probate and Grant of Letters Testamentary and aver that Petitione~) is ~ the Executrix
last Will of the Decedent dated January 5,1996 and codicil(s) dated none
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; durante minoritate)
Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following spouse (if any) an~heirs: (If
Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list ofheirs.)l :~~:~
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(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
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Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal residence at 0",
551 Mountain Road. Boilim! Springs, South Middleton Township. Cumberland Countv. Pennsvlvania 17007
(List street address, town/city. township. county, state, zip code)
Decedent, then 68
years of age, died on April 24, 2007
at 551 Mountain Road, Boiling Springs, PA 17007
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) 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
go, uO~. 'O~
$
$
$
$
situated as follows:
Wherefore, Petitioner~ respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
T ed or Tinted name and residence
Evelyn K. Grove, 551 Mountain Road, Boiling Springs, P A 17007
Form RW-02 rev, 10,13.06
Page 1 of2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF Cumberland
The Petitioner(;x) 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 (;x) and that, as personal representative(s) of the Decedent, Petitioner(X) will well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
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before me the
day of
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Signature of Personal Representative
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Signature of Personal Representative
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File Number:
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Estate of Henry Russell Grove, II
, Deceased
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Social Security Number: 162-32-4669
Date of Death: April 24, 2007
AND NOW, ff\(U1 ~ , d&l
having been presented before me, IT IS DECREED that Letters
are hereby granted to Evelyn K. Grove
, in consideration of the foregoing Petition, satisfactory proof
Testamentary
in the above estate
and that the instrument(;x) dated January 5, 1996
d,,rnbed in th, p,tition h, admittod to prohare ""d fit,d of re1~ "" th, I""~till (""d Codidl(,)) of D="';'l.
FEES \.,~~~. ~~
'"\ \~ .($Jc:f:) Regist~erOfw,i~s~
Letters ............... $ d, .
Short Certificate(s) . {~. . . $ Attorney Signature:
Renunciation(s) .......... $
t>J\\\ ...$
~ ...$
.~ ...$
... $
... $
... $
... $
... $
.,. $
TOTAL .............. $ ~$5~
ptb~,~Jd 0 f
lS .0-0
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Attorney Name:
Michael A. Scherer, Esquire
Supreme Court I.D. No.: 61974
Address:
O'Brien, Baric & Scherer
19 West South Street
Carlisle, Pennsylvania 17013
Telephone:
(717) 249-6873
Form RW-02 rev. 10.13.06
Page 2 of2
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.
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Local Registrar
Fee for this certificate, $6.00
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H105-143 REV 11f2006
TYPE I PRINT IN
PERMANENT
BlACK INK
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and exemples on reverse)
STATE FILE NUMBER
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LAST WILL AND TESTAMENT
OF
HENRY RUSSELL GROVE, II
I, HENRY RUSSELL GROVE, II of Hanover County, Virginia, do
hereby make, publish and declare this to be my Last Will and
Testament, hereby revoking all former Wills and Codicils
heretofore made by me.
ARTICLE I.
Payment of Debts and Other Charges
All estate, inheritance, and other death taxes (including
interest and penalties, if any, but excluding any generation-
skipping tax), together with the expenses of my last illness and
all administration expenses including any appropriate marker for
my grave, payable in any jurisdiction by reason of my death
(including those taxes and expenses payabl~ with respect to
assets which do not pass under this Will) shall be paid out of
and charged generally against the principal of my estate. I
waIve any right of reimbursement for the recovery of those death
taxes and administration expenses, except reimbursement for or
recovery of any federal or state estate tax attributable to
property in which I have a qual i f y i n g income interest f 0 r:.l i f e
over which I have a power of appointment.
----1
ARTICLE II.
,~. .
Distribution of Mv Estate
I give my entire estate. both real and personal, tangible
and intangible, wheresoever located and howsoever held, to my
Page 1 of 5
;Jf(;.
wife, EVELYN KIRACOFE GROVE, if she surVIves me.
If my wife does
not survive me. I give my entire estate, in equal shares, to my
children, HENRY RUSSELL GROVE, III. SUSAN DIANE GROVE DAVIS, JAMES
EDWARD GROVE, and DAVID MILTON GROVE, ~ stirpes.
I suggest that my Executor consider any memorandum I may
leave regarding distribution and sale of items of personal
property. All expenses incurred in delivering my personal
property and all expenses of storing and insuring such property
pending distribution shall be paid as a cost of administering my
estate.
ARTICLE III.
provisions for Interests Vesting In
Beneficiaries Under Age 2~
Notwithstanding the foregoing provisions, whenever any
interest in my estate vests absolutely in a beneficiary under age
21, I direct the adult person(s) standing in loco parentis to that
beneficiary, shall retain the interest upon a separate trust and
pay to the beneficiary as much of the net income or principal as
the aforesaid trustee may deem appropriate to provide for the
beneficiary's support, other needs or education until the
beneficiary reaches age 21, when the interest shall go outright to
the beneficiary. If the beneficiary dies before reaching that
age, the interest shall constitute a part of the beneficiary's
estate. These are powers only and do not prevent absolute vesting
of the interest in the beneficiary; provided, however. my Executor
Page 2 of 5 1+ ~ &-
shall have all the powers referred to in Paragraph S, Article IV
of this will with regard to such interest.
ARTICLE IV.
Executors
A. I name my wife, EVELYN KIRACOFE GROVE of Hanover County,
Virginia, to be my Executrix. In the event she predeceases me or
fails to qualify, I name DAVID MILTON GROVE of Henrico County,
Virginia. and JAMES EDWARD GROVE of Cumberland County,
Pennsylvania, to be my Co-Executors.
B. In addition to the powers granted by law, I grant my
Executor the powers set forth in Section 64.1-57 of the Code of
Virginia, 1950. as amended, and I incorporate that Code Section in
my Will by this reference. Any successor Executor shall have all
the powers, immunities and discretion which I have granted to my
named Executor.
C. My Executor may distribute tangible personal property
passing to a minor to any adult person standing in loco parentis
to such minor as trustee for such minor as enumerated in Article
III and that person's receipt shall be a sufficient voucher in the
accounts of my Executor. I authorize my Executor either to
request or not to request the Court or Clerk to appoint appraisers
for my estate as my Executor, in its sole discretion, shall deem
to be in the best interests of my estate.
D. I request that no surety or security be required of my
Executor on his bond.
Page 3 of 5 t+R t.
E. My Executor shall be entitled to take and receive a fee
of 5% of my gross estate subject to probate for the services which
it renders from time to time in the discharge of its duties as
Executor.
ARTICLE V.
Miscellaneous Provisions
A. Spendthrift Trust. To the extent permitted by law,
neither the principal nor Income of any trust shall be liable for
the debts of any beneficiary or, except to the extent otherwise
specifically provided, to alienation or anticipation by a
beneficiary.
B. Matters of Interpretation. For simplicity, I have
expressed pronouns and other terms in one number and gender. but
where appropriate to the context these terms shall be deemed to
include the other numbers and genders. The underlined headings
are for convenience only and shall not affect interpretation.
C. Severability clause. In the event any provision(s) of
this Will is declared invalid by a court of competent
jurisdiction, the remaining clauses shall remain in full force and
effect.
D. Savings Clause for Rule Against Perpetuities. If it
shall be determined that any provision of any trust created by the
ill violates any rule against perpetuities or remoteness of
vesting now or hereafter in effect in the Commonwealth of
Virginia, that portion of the trust herein created shall be
administered as herein provided until the termination of the
Page 4 of 5 Ii e c-
maximum period allowed by law, at which time and forthwith such
part of the trust estate shall be distributed in fee simple to the
person(s) then entitled to receive income therefrom and, for this
purpose, it shall be presumed that any person entitled to receive
support from the income or principal of any particular fund is
entitled to receive income therefrom.
IN TESTIMONY WHEREOF, I have set my hand and seal to this my
Last Will and Testament consisting of five (5) typewritten pages
on all pages of which I have placed my initials or signature for
security and identification this 5th day of January, 1996.
~~111-~
Henry ussell Grove, ~I
(SEAL)
Page 5 of 5 H t G-
Signed, sealed, published and declared for and as HENRY RUSSELL
GROVE, II'S Last Will and Testament by the testator in our
presence, we all being present at the same time; and we, in his
presence and at his request in the presence of each other, have
subscribed our names as witnesses whereof, all on the date last
above written.
f0uM II. ~mA7:
~h MGr\So
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of
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of
of
COMMONWEALTH OF VIRGINIA,
COUNTY OF HENRICO, to-wit:
Before me, the undersigned authority, on this day personally
appeared HENRY RUSSELL GROVE, I I, and Elizabeth A. Lamberti
Stephanie A. Atkinson , and Lori J. Benton , known
to me to be the testator and the witnesses, respectively, whose
names are signed to the attached or foregoing instrument and, all
of these persons being by me first duly sworn, HENRY RUSSELL
GROVE, II, the testator declared to me and to the witnesses in my
presence that said instrument is his Last Will and Testament and
that he had willingly signed and executed it in the presence of
said witnesses as his free and voluntary act for the purposes
therein expressed; that said witnesses stated before me that the
foregoing Will was executed and acknowledged by the testator as
his Last Will and Testament in the presence of said witnesses, who
in his presence and at his request, and in the presence of each
other, did subscribe their names thereto as attesting witnesses on
the day of the date of said Will, and that the testator. at the
time of execution of said Will, was over the age of eighteen (18)
years and of sound and disposing mind and memory.
SUBSCRIBED, SWORN and ACKNOWLEDGED before me by HENRY RUSSELL
GROVE, II, the testator,
Elizabeth A. Lamberti
Lori J. Benton
1996.
and subscribed and sworn before me by
Stephanie A. Atkinson , and
, witnesses, this 5th day of January,
My commission expires:
06/30/96.
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