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HomeMy WebLinkAbout06-21-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA File Number 21-07- oS9LD Estate of Frances M. Smith also known as , Deceased Social Security Number 411-38-4543 Betty A. Hicks, Earl F. Smith II and Rosemary Smith Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE ~'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 03/04/1997 and codicil(s) dated named ih 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: D B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pedente lite; durante absentIa; durante mmontate) 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 C> :x CD (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her 1113 Maple Street, Carlisle, Carlisle Borough, Cumberland, PA 17013 (List street address, town/city, township, county, state, zip code) ::->O-n - c P:o ~ last principal residence at (J't Decedent, then 90 years of age, died on 06/09/2007 at Carlisle Regional Medical Center, Carlisle, PA Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property (If not domiciled in PAl Personal property in Pennsylvania (If not domiciled in PAl Personal property in County Value of real estate in Pennsylvania situated as follows: 250,000.00 $ $ $ $ 0.00 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 form to the undersigned: . Signature Betty A. Hicks Typed or printed name and residence 35 West I Street Carlisle, PA 17013 a. ~ · .::zx:: (j) 2~~ C;;:::-::L. 6)-K~ ~ 249-2082 Earl F. Smith II 1843 Spring Road Carlisle, PA 17013 243-7208 Rosemary Smith 1113 Maple Street Carlisle, PA 17013 249-1934 Form :..02 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 Oath of Personal Representative } SS } COMMONWEALTH OF PENNSYLVANIA 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. Swom to or affirmed and subscribed .~ ''I \ before me this C( day of GJ Signature of Personal Representative Betty A. Hicks ~--a...~ ~~ "1 Earl F. Smith II File Number: 21-07- oS9G Estate of Frances M. Smith , Deceased Social Security Number: 411-38-4543 Date of Death: 06/09/2007 AND NOW, having been presented befor , d(JD I , in consideration of the foregoing Petition, satisfactory proof Testamentary are hereby granted to Betty A. Hicks, Earl F. Smith II and Rosemary Smith Renunciation(s)............................. $ Attorney Signature: (") Co ~3EJ~ m.'. a :n r- ,..... m ;~ -:0 "'_ (f) ^ 000 00." OC i~ above estate c::. ---....., ~ fIiJ:4 c::: C;) C) z c::~_;; .=-Q N :~B l=!:~ C':) C") -r"'" ---r1 It (~') . rn and that the instrument(s) dated 03/04/1997 described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent. FEES Letters........ ........... ......................... $ Short Certificate(S)......l.?J....... $ '3d'') 00 cao oC> l.~::::)\ \ \ $ \~ \c '? $ \C) oD ~v-\o $ s:;,~ $ $ $ $ $ Attorney Name: Hubert X. Gilroy Supreme Court 1.0. No.: 29943 Martson Law Offices Address: 10 East High Street Carlisle, PA 17013 Telephone: 717-243-3341 $ 3\.0000 TOTAL.................................... $ Form RW-02 Rev. 10-13-2006 Copyright (c) 2006 fonn software only The Lackner Group. Inc. Page 2 of 2 HJ05.R05 REV (01107) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 Certification Number This is to certify that the information here given i correctly copied from an original Ceritificate of Deat1 duly filed with me as Local Registvar. The origin a certificate will be forwarded to the State Vita Records Office for permanent filing; ~. ~~~W 11/2007 Local Registrar ~ bate Issued P 13620532 ~~ ~~g '1> ~:o ;z: (/) ^ ::'::Joo (-:>0 -n QC : :0 :0-4 J> l"-.) = = ...... c.... c: :z: N > ::E crt ."',,\ ..~.~ ;;~? "._J ~.D '::..) ~g C~) , ....., -n CJ rt (JJ. r- Hl05-143 REV 1112006 TYPE I PRtNT IN PERMANENT IllACK INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and axamples on reverse) PA name} 1. Name"_IFinl,_....._1 Frances M. Smith l1.OecedeIlrsUs8 lion Kind"__ Kind"_ Justice of the Pea e . le._.-.gAddr8lolSlr8e\clly/_._.zlpcode} 1113 Maple St. Carlisle, PA 17013 6. 0... " BkthIM_. . 7. . (City and slale or 5. Age lWl Bl......1 90 v~. !lb. County " Doalh I . Cumberland Mar. 27, 1917 York Co., T lld. FaciIIy Name l"noI_.Qiw_and_ Carlisle Regional Medical ...." Ife.Donol_ Kind"-.../1nduIlry Gov't 12. Was Decedent ever in the U.S. Am1ed Fon:eo? OVes IilNo Decedenf. AcklllResldence 17..State 13._r.E_llonlSpecllyon~__""'"PleIBd) EIomenta'Y I Seconda<y II,.,'} C~1ege 11-4 or 5+1 4 17b. County Cumberland 19. Mother's Name (First, midcIe, maiden sumame) 17c. D Vel, Decedent I.Ned i\ 17d.1iI ~"'='.\""'_ TWO. Carlisle CIly/Boro 18. Father's NMI8 (Rm, midlIe,last, sufIix) Raymond A. Myers Rose Brougher 2Oa, Inform8nt's HarM (Typct I PrW) 2(1). Inlormanl's ~ Addnls8 LStreet, city I town, state, zip code) 1113 Maple ~t., Carlisle, PA 17013 . ~ ~_23t-<~__ phyIIcian Ianol millbltat IimI afdell\ to cerlfycueafde811. _ '4-26....bo _ byPMOll whopronotn:eldellh. Hoffman Roth Funeral 21d.locaIlonIClly/klWn._.zlpcode} , Carlisle PA 17013 21 L Method of DiIpoeIlIon . OBulal 0___ o OlI1or.Specify: : 22a. s.Mce ( 21c.Pl&ce"DiIpoollionl"""'''_.mmatory'''_plocol Hoffman-Roth Funeral Home & Cremator 231:1. l.Icen8e Number 2.(, Tine of DeaIt1 g 40 AM. orOonation? 3Oa.WuanAulapey PeIfonnod'I d. 3Ob. __ FinlqI AvalablePriortoCompletion ~ Cauoo " Doolh? OVel DNa 31. Manner CII DeflIh 01liNraI 0_ O-OPondlng_ OSuicide OC<luldNolbellot8m;ned ApproUnate interval: P8/111: ~ other IimlIicant conriIIiDn!l mntrtJutInn to dMIh '"28. Old Tot.cc:o Use to Death? o..etloDoslh bulnol_.lhe~C8UIOgMlnjnPa.1. 0 Vel 0-' o No 0 Un..... .29. 11 Female: : o NoIprognont_,.,..yeor o _....."..... o NoIprognont.bulP"9nanl"","""ys ,,- o NoI_.bul~43dayslolyeor o =-nown~J)ItlgNflt I !tIepaslyear 32l:.Pl&ceofIrjuoy.Hame.F .-.F"""",. 0IIlc0 8uOdng. .... ( 1 ~~=)~ a. C 41'-/>,.0 0f ..II C >if-c(o.< Due 10 (or u a consequence 01): .t< vif' Hi 0 (k,'-.b(kL /',JF/\I4:T1c"'/ Due to (or as a consequence of);{ -"''''-'."any. IelClnaIo lhecause lilted on linea. _1Ia UNDERLYING CAUSE =-~":..."l't'1h~ b. Dueto(or1Hl1consecJ.l8nC8of): OVao ~ 32d. lime 01 Injury M. 321. II TransportBtion 1'*"Y (Specify) o Drlwr/_ 0 Paosengor 0- Qhlr.Spoc;fy: 331), SpUr! and TI\te of CertIIler ~ ~ . License Numb8r M], Cl,'4(&fL 32lI.locaIlonollnjulyt-'clly/_._} 35. ~ 16l, I I I do I \ 10 I _Paml"No ()(J3,.~~ c~ ~ z w @ !!l o ~ 33a.~lchocl<~ona) . ~_(Physml_C8UIO""'~___""_deathand_'''m23) Totbebelltolmyknowledge.dellhoccurreddultolhlcause(.)andmanner8latated..........._.... ___.. _.... __.................. __.......... 0 . Pn>nauncIng ond CO<1IIyfng _ l_ bcd1 ~ death and call1fy;ng IoC8UlO" death} lothl bell 01 my knowIIdgt, deIIh ocamld II the lime, date, and pIIct, tnd due to the CluR(e' and manner.. alllecL.................................. ::- =::-~c: and I or 1nveatIgatton, In my opinion, dMIh occllfTed It the time, dIte,lI'Id place, and due to the cause(a) and manner "8111:8(L 0 I'IIe i 7oi3 LAST WILL AND TESTAMENT OF FRANCES M. SMITH I, FRANCES M. SMITH, of North Middleton Township, Cumberland County, Pennsylvania, declare this to be my last will and revoke any will previously made by me. I'.rEM ONE: I direct that all my debts and funeral expenses, including my gravemarker shall be paid from my residuary estate as soon as practicable after my decease as a part of the expense of the administration of my estate. I'.rEM '.rWO: I give, devise and bequeath such of my household furniture as she may desire to my daughter, Rosemary Smith, recognizing that much of the furniture in the home already belongs to her. I'.rEM '.rUREE: I specifically devise my real estate at 940 Gobin Street, Carlisle, Pennsylvania to my daughter, Rosemary Smith, recognizing that my daughter has in the past contributed towards maintenance and all bills on the real estate and noting my desire that my daughter Rosemary shall have this real estate upon my death. I'.rEM FOUR: I give, devise and bequeath the rest, residue and remainder of my estate to my three children, Betty A. Hicks, Earl F. Smith, II and Rosemary Smith, share and share alike per stirpes. I'.rEM FIVE: I appoint Betty A. Hicks, Earl F. Smith, II and Rosemary Smith Co-Executors of this my Last will. I'.rEM SIX: I appoint Farmers Trust Company guardian of any property which passes to any person under the age of 21 years and with respect to which I am authorized to appoint a guardian and have not otherwise specifically done so. Said guardian shall have the power to use income from time to time for the beneficiary's education, support and welfare without regard to his or her parent's ability to provide for such education, support or welfare, or to make payment for these purposes, without further responsibility, to the beneficiary or to the beneficiary's parents or to any person taking care of the beneficiary. Said guardian shall administer the separate and equal share of each beneficiary until he or she becomes 21 years of age, at which time the share of each beneficiary remaining in the guardianship account shall be paid to said beneficiary in full. In the event of the death of any beneficiary after my decease and prior to reaching the age of 21 years, his or her share shall be distributed equally to the surviving children or child to be administered in accordance with this guardianship provision. I'.rEM SEVEN: All estate, inheritance, succession and other taxes, imposed or payable by reason of my death, and interest and penalties thereon, with respect to all property comprising my gross estate for tax purposes, whether or not such property passes under this will, shall be paid out of the principal of my residuary estate, without apportionment or right of reimbursement. I'.rEM EIGU'.r: shall not be their duties I direct that my personal representative or guardian required to give bond for the faithful performance of in any jurisdiction. Vd~W~~~rc ~.-. ~ ~. j".:-:ftt, j() >ltB18 S I :9 WV ~~Ir Ji~ OF THREE ITEM NINE: In addition to the rights and powers given to the fiduciaries by law or elsewhere in this will, I give to my Executor during the full time necessary and for the administration of my estate the following rights and powers to be exercised in his sole discretion. A. To retain any real or personal property which may at any time form a part of my estate so long as he or she deems it advisable. B. To invest in any real or personal property without restrictions to legal investments. c. To repair, alter, improve or lease for any period of time any real or personal property and to give options for leases. D. To sell at public or private sale, for cash or credit, with or without security, to exchange or to partition real or personal property, and to give options for leases. E. To make distribution in kind. F. To compromise claims. IN WITNE~S WHEREOF, I have hereunto set my hand this }1AfA,G-L, , 1997. -.rlt 4: day of SIGNED ~/2./.d) ~ . ~ FRANCES M. SMITH The preceding instrument, consisting of this and two other typewritten pages each identified by the signature of the Testatrix was on the day and date thereof signed, published and declared by 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 SUb~6:J1P fi} J,.A"4>JC/-.-- &csili~ COMMONWEALTH OF PENNSYLVANIA 55 COUNTY OF CUMBERLAND /-th_ 'I. GJ/t# 'I and ,g.~D c,;;:. r AN,.) GvLc.,~ 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 the Testatrix sign and execute the instrument as her last will; that she signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the will as witnesses; and that to the best of our knowledge, the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. 6V CuJJ PAGE TWO OF THREE Sworn and subscribed to ~ before me this ~ day of It?fAY'Lh , 1997. ~J~ Notary Pub ic ''ll'1III "*,.".-: ;'. .0,,~1".......,~ Cadi... Bor~. . ..,,,to....11IfId CcMIIr. 'A .., CDIII......lon fu.pti~ lil"l\:ll 18, sttlI COMMONWEALTH OF PENNSYLVANIA 55 COUNTY OF CUMBERLAND I, FRANCES M. SMITH, whose name is signed to the attached instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my last will; that I signed it as my free and voluntary act for the purposes therein expressed. ~~(V~ Lnt,. ~'-2.L FRANCE M. SMITH . S'\f~rn and affirmed to and acknowledged before me this ij'fh day of /f\fA rt.h _ ' 1997. ~d~ Notary Publ' ......... ... ..... P. .,.., ....., ...... c.IIIe ...... c..IIIrIMd eo.e,. 'A .., C A 11115'llltloft EIpIr-. ..... 11, ,.. PAGE THREE OF THREE ~ \ 0 '1 o':)9~ i~11 !1~1 !il.11. '.I.J~i~ J,oSI t !t 'tUh ~i '. i . .. ;.:......1... ",'~, ' ,.,', "w:."".....,:.:..,._ f'-..) o 25 Co -.I s::: ::0 <- m-o <= fTI. ~ 0 :z: ::OzFn. N ~u3~ :-:::JOO =- (")0" o c ::z: '::0 9? ::0--1 )> c.n ~ \ ()~oSq~ No 13 348 702 Dupe D08 0311411.... Sell . C~. Ey~G Endcfse -N- HelQht . ~R$tf *11 Jseued' 0311112004 'Exptlllll 03l15/200t ORGAN 00N0tt ~~~. s::~%.. 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