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)
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last principal residence at
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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. ~
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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
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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:
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000
00."
OC
i~ above estate
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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
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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
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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
. ~
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phyIIcian Ianol millbltat IimI afdell\ to
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Hoffman Roth Funeral
21d.locaIlonIClly/klWn._.zlpcode} ,
Carlisle PA 17013
21 L Method of DiIpoeIlIon
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. 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..................................
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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,
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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
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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'
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PAGE THREE OF THREE
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