HomeMy WebLinkAbout06-29-07 (2)
PETITION FOR PROBATE AND GRANT OF LETTERS
Cum 139t.LA-AJP
COUNTY, PENNSYL VANIA
REGISTER OF WILLS OF
Estate of KA-1JI"./ltQ'~ L.., At~eK/Nr{')S#
also known as kIl-74'~1 /VIF L . h'/~~ AI n,SJ/
, Deceased
File Number
xl - 0 '1.. b>/o?
Social Security Number ;G / D - /" - / :!' b tf
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
I8l A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /..a;e the E~e.~~r
last Will of the Decedent dated /htJ,/1 ~Z 200/ and codicil(s) dated Dec.e.Itt1Jur ;Z~/ %/)/')s;-
named in the
(State relevant circumstances, e.g., renunciation, death oj 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 instrumsat(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: AJ/A 20 g ,-Aj F:~
;:c::::; ;;:g c.... lTl ("")
!;j~p ~ ~~~
'_L......-r'i P'.l I.j"t
(If applicable. enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; dU~~~I~ritate)\.O :::.J C::J
') C) C)
Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following-~~f any~d hei~s2m'ri
Administration. c.t.a. or d.b.n.c.t.a.. enter date of Will in Section A above and complete list of heirs.) . :.J ~ ~..~ (~=s
--i - r--' rn
:0 .. - 'I
Re!faence +"" U . ~--r~
o B. Grant of Letters of Administration
Name
Relationship
(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
Decedent was domiciled at death in C Ltllt J.rIuuI Coun~_Pennsylvania with his / her last principal residence at
. I/;I/tr.f.~ <i' ~-'I.LlPI' A1/~ ~.. ('1I_iBr/~Ald l..IRbIj. /oJ';/- /7o~
(List street address, towll/city. township. county. state, zip code) ,.
~S$IL~
Decedent, then
8/ years of age, died on JitJle./~ 2RJ7 at 1Jt~S,S/~ I/,'I/~e
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) All personal property
(If not domiciled in P A) Personal property in Pennsylvania
(If not domiciled in P A) Personal property in County
Value of real estate in Pennsylvania
~
$ Sill <<JtJ.. 60
$
$
$
situated as follows:
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:
Typed or printed name and residence
PAle 6~A/~~ AI'"
~~ 80x .301: {!,f.AtJ N'1t:L. /,f 17b./1
Form RW-02 reI'. 10.13.06 Page 1 of 2
O'er 0;) d
f.:F(',/)pnCn I1Ff:I('C
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COMMONWEALTH OF PENNSYLVANIA
Oath of Personal Representative
CLERK OF
The Petitione~ above-named swear(s) or affirm(s) that the statements in the foregoing Petitic@~'@1~ to the best of
the knowledge and belief of Petitioner(s) and that, as personal tepresentative(s) of the Decedent,~Mi~~6i(~)~~il1(~~u ~ truly
COUNTY OF
C. LtIH &::1UA-All>
administer the estate according to law.
.'
: SS
2007 JUN 29 PM I: 41
~I)~(;", "o4e 8;1A/..c;, API
Signature of Personal Represelllative
Signature of Personal Representative
File Number:
r// --c:;t}j 7 - w~
Estate of k A-7iYA-~NG L _ M.A&~.N .?21.JVt;' q ~ . Deceased
k'HT#~/A'F L. A1A~~nJH
Social Security u ber: :Vb-/~-/.3~tf' Date of Death: j",Jt.L /~ 21!JO-?
AND NOW, ~ ~, Zonsideration of the foregoing Petition, satisfactory proof
having been presented before e, IT IS DECREED that Letters 7e.JllLnt~nhtrj'
are hereby granted to /J/I' ~ &A/~ A/~
in the above estate
and that the instrument(s) dated /60,..// 17~ 240/ 4<<4'
described in the Petition be admitted to probate and filed of re
FEES
Letters ............... $ 90. O::J
Short Certificate(s) . . . . . . . . $ ~. cJJ
Renunciation( s) . Ai L . I: 7' .: IS :'
leA. . $ I..\.
/'tT.V'
. . . $ .
...$5,fr
.. . $
. .. $
.. . $
.. . $
... $
TOTAL .............. $
/ SS. crJ
Form R W-02 rev. 10. /3. 06
Attorney Signature:
Attorney Name:
t:i4Y'~ G: Shle~ :iiZ
3~S/3
~ t!hPt(~r ~
41~~L/h,c~bqY'f" ~ 17~>S-
Supreme Court LD. No.:
Address:
Telephone:
7/7- /'Ii ~ -(12.69
Page 2 of2
~ ~ C;;..2
OATH OF SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
(! ~a AI ~.64if'~COUNTY, PENNSYLVANIA
Estate of K~~he/#E=" L,
/J? ~K/ #771..5/1
f!.#H/t.LE3 E..
A1~/~/dJ# IIA ~;9-T#E7e/A'E L
, Deceased
.911 EUls -.at.
,~) a subscribing witness to
(Prim Name/s)
the 0 V/~H ~ Codicil~) presented herewith, feaehj being duly qualified according to law, depose(s) and
say(s) that sfte.+he / ifte;r- was /~ present and saw the above Te~tatQr / Testatrix sign the same
and that she"1 he / iftey- signed the same and that -she- / he /4ey- signed as a witness at the request of
the Tcst!l:toJ. " Testatrix 1D her ~ presence and in the presence of each other.
~t.~<
(Signature) C~r11!lS G;; ~.I~ 7!C
{g (!.Ipq>er /U
(Signature)
(Street Address)
(Street Address)
(c(!I,~,islN1- Af /7/)5~
(City, State. Zip)
Executed in Register's Office
.sworn to or affIrmed an~bscribed
befor~ e this c99 day
of I,' , c:XJd(
Executed out of Register's Office
Sworn to or affirmed and subscribed
before me this
day
of
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.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization.
Form RW-03 rev. /0./3.06
o '7 - Lt;J;;;
OATH OF NON-SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
~t/ /II 6~.tJ COUNTY,PENNSYL V ANIA
Estate of K/fT,f',f-/f/#E L.. $#t!R//YJ'2IJ/! aA:, ~;:W67i'/A/E L .
/11/K!&AI ;'P.5N
, Deceased
f"'>
LIN/),f LulVlJ !kJe6
--and--
~being duly qualified according to law, depose(s) and say(s) that she t h8.' they was ~ well-
acquainted with Kl'I-r,f''/-~/dE ~" /II~//VPS/l and amI~ familiar
with the handwriting and signature of the decedent, and that the signature of KA7=Y~A'~ ~- AI.II-tl,i?A//~
to the foregoing instrument purporting to be theLa3t~,1/ill ane Teatamcn:t!Codicil of KA77Y~A'1F L.
/i1,1f (!,j<I/l7P~ is in ~er own proper handwriting.
rSignature) /.J AllJA- '-It /11 f) J! (Signature)
J1/Pt "k II K ,,;.1,1 ~d)c :5" t'
(Street Address) . (Street Address)
~I /V/LL,!1/f 17' II
(City. State. Zip) , (City. State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this c:?Cf'K- day
of daJ1 .
Form RW-04 rev. 10.13.06
10:;XO'i REV 101/07)
61J,W;;;>
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
This is to certify that the information here given i~
correctly copied from an original Certificate of Dead
duly filed with me as Local Registrar. The origina
certificate will be forwarded to the State Vita
Records Office for permanent filing.
,'ee for this certificate, $6.00
!hn.-. fr(~. JUN/2 1 ~01
Local Registrar Date Issued
P 13550794
Certification Number
,....,
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COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See InstructIons and examples on rev.....)
REV 11/2006
PRINTIN
4ANENT
::KINK
STATE FILE NUMBER
~. Date 01 Death (Month, day, yeer)
JUDe 19 2007
. 11. Oec8denfs UsuIl
Kird of WOI1<
Registered Burse
. 16. llecedenI'1 MaIklg Address (Street. city I town, Slate. Ul code)
601 Henry Street
. Hechanicsbur " PA 17055
18. Flllhlr's Nerne (RrsI. ~.IISI, sutlixl
Kilton Darl ton Moore
201. infomIInl's Nan (Type I Print)
Paula L. Chubb
Oecedenfs
Actual Residence 17a. Stale 17c. D Yes, Decedent lived In
17b.Coonty 17d.1J ~=olLiYldWithln Hechanicsburg
19. Molher's Nlme (FIrIl. ~. maiden sumame)
Anna Brisban Russell
2Ob. Informent's MeIIng Address (Slreet. city I town. 1181e. zlp code)
601 He Street Keehani
21b. OllIe of 0IIp0sItIcn (Month. day. year) 21c. PIece of 0IIp0sItIcn (Name of cemeI8ry. Cf8Il1lIlory or oIh8f place)
T"Il.
City I 80m
23c. Dale Signed (Month. day. year)
26. Was Case Refe!Ted to Medical Examiner I Coroner for a Reason Other than Cl8mat1oo or Donallon?
Dves DNo
25. o.te.Pmnourlced Dead (Month. day. yea~
2~. Tome of Death
OlD-lq- 0-=1-
q~\5 "M.
CAUSE OF DEATH (See InatructIona and a_plea)
hem 27. PIrt I: El1I8r the ~ - diaeMM. 1rljurIes. or CClIllpIIcItIcnI -that cIreclIy ca.-llhl deaIh. 00 NOT enter terminal events such as cardiac arrwt.
lIII*8IOI'f _. or V8IllricUer librIeIIorI wIlI10ul showing lhIllIoIogy. Ual only one _ on -=h 1Ile.
==::=)~ a. {',1.eC I".)O"'~ 7Z-'-,-nol'<. f<./", L-<...-'('j
Due 10 (0111 . consequence 01):
Part II: EnIar CIlIler IInnIftcant mdions CllIlIridIna to dMlh
but not redlngln the underlying caU18 giYen irl Part I.
28. Old Tobacco Use Contribute III Deelh?
D Yes 0 Prol}ably
o No lJrlknown
Apflroldme18 inI8nIaI:
Onset to DealII
pd"
}j;?'1 kt'~ Z-
~
tJ ;tJ/
29.~F :
Not pregnenl wilhin past year
PI8gllIIlt at line of deatI1
o Not Pf'PI1I. but pNglllIll within ~2 days
01 deelh
D NolIJl8llll8lll, but pregnant 43 dlys to 1 yetr
before dMlh
D Unknoim W JllIl1lII1I wiIhIn the past year
32c. PIBce of Injury. Heme. Fann. Str18l FIIC1Ory.
0IIi0e Buiklng, etc. (SpscJIy)
~ 1st concIIIons, W any.
IIIdtno 10 III cauoellalld online L
EIllIr 8lellNDEllLYlIIG CAll8E
. =-~.,~~
b.
Due to 101 as a consequence 01):
c.
Duo to (or IS a COfllI8qU8IlO8 01):
d.
n. w... AliIt1p/If FoncIngs
AvdebIt Prior 10 Ccmpletion
of Cause of DeetIl?
DVes DNo
31. Marvwr 01 DeetIl
~lural D HomIcIde
D Accidlr1l D Pendng InvesIIgalIon
D Suicide D Could Not be 0elennIned
308. Was an AliIt1p/If
PaIlonned'I
OVal ~ No
32g. LocatIon of Irjll'Y (Street. city I town. 1181e)
3211. TIme of IrjuIy
M.
33B. C8IlIlItr (chide only one)
. C..alylftg plIpleIan (PhyU:ian C8l1IIyIng cause of deaIIl wilen anolIlIr physician has plIlflOUIlC8d deell1 and ~ 118m 23)
10"'_'" ""~ dlalhoccurnd eM"'''' C8U18(.)and _ IS BlIllId... _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ __
PrGnaunr:lng and ceItWyIng phyM:lan (Physician both jlIllIlClllIlCi deIIh and cartllyIng 10 _ III deaIIl)
To ... _ of "" ~ dIaIh 0CClIINd II "'lIme, dI1a, and ....... IIIll due III U. cawo(l) IIIllIl1ll1l1ll' 8I1lIlId.. _ _ _ _ _ _ _ _ _ _ - _ - - - -
. IIIdIcIl EumIIw I C-
On ... belli of eumlnIlIon IIIllI or ~. In "" opinion, dIaIh oecul'NlllI ... tlnII, dIIa, IIIll P*I. and eM to U. ClUM(I) and _ 81 IIIlIcL D
33d.pote Slgroed 17' day. yetr)
~ /2_12) 0-9
34. ~.~~~r)r'l'~ Ca~~ (Item 27) Type I Print
,4-U.e4~,-1;c' s 6..... fJ,A I ~sr
35. Regislrar's .
~
6 .'-l~~
LAST WILL AND TESTAMENT OF KATHERINE L. MACKINTOSH
I, KATHERINE L. MACKINTOSH, unremarried widow, of Mechanicsburg,
Cumberland County, Pennsylvania, being of sound and disposing mind, memory and
understanding, do make, publish and declare this my Last Will and Testament, hereby revoking and
making void any and all prior Wills by me at any time heretofore made.
1.
I direct the payment of all my just debts and funeral expenses as soon after my decease as
the same can conveniently be done.
2A.
I give and devise my residential real property composed of a lot of ground and the
improvements thereon erected, located at 1109 Charles Street, Mechanicsburg, Cumberland County,
Pennsylvania, as well as the furniture, linens, silverware, dishes, carpeting, personal effects, and the
like, located therein, to my beloved grandson, JEREMY R. CHUBB. I further direct my executor
and my attorney to proceed to prepare and record an executor's deed to the said property as
reasonably soon after my death as circumstances will permit.
2B.
In the event that at the time of my death, my said grandson is diligently pursuing an MBA
degree at the Pennsylvania State University, but has not then fully completed said degree, then I
hereby direct my executor to set aside a sum it deems sufficient to meet the expenses necessary to
complete said degree. This shall include, inter alia, tuition, room, board, books, student activity fees,
reasonable allowances for transportation and such other items as my executor, in its full, absolute,
unfettered and fmal discretion shall deem appropriate. In the event my said executor shall need
funds in addition to those originally set aside through error in calculation or through increases in
costs during the pursuit of such degree, I hereby authorize and direct my executor to withdraw
sufficient amounts to fully cover such costs from the trust established hereinbelow.
2C.
In the event that my said grandson fails to survive me, then the devise and gift set forth in
paragraphs 2A. and 2B. shall lapse and shall be considered to be part of the residue of my estate as
set forth hereinbelow. In the event that he survives me but dies before completing said degree, any
unspent funds shall be added to the residue of my estate.
3.
I give and bequeath any automobile that I own at the time of my death to my daughter and
son-in-law, PAULA L. CHUBB and RICHARD N. CHUBB, JR., as tenants by the entireties.
In the event that both of them fail to survive me, this gift shall lapse and shall be considered to be a
ia/Jlat;;r: 1(kiu Iu t
part of the residue of my estate.
4.
I give and bequeath my light beige linen covered sofa in my living room to my said
daughter, PAULA L. CHUBB. In the event she fails to survive me, this gift shall go to my said
grandson, JEREMY R. CHUBB. In the event he fails to survive me or disclaims this gift, it shall
then go to my granddaughter, JULIE WALIZER, currently of 123 Cambridge Drive,
Mechanicsburg, Pennsylvania. In the event she fails to survive me, this gift shall lapse and shall be
considered to be a part of the residue of my estate.
5.
For clarification purposes, I hereby state that I am familiar with the laws of priorities as they
relate to the specific devise and bequests made above. I understand that so long as the residue of
my estate is sufficient to pay the death taxes, administration costs, fees and the like associated with
the value of the above devise and bequests that the same shall be paid from the residue of my estate.
6.
All the rest, residue and remainder of my Estate, real, personal and mixed, whatsoever and
wheresoever situate, shall be divided into two (2) equal shares and shall be placed in trust with the
PNC Bank., N.A., as Trustee, to be administered and distributed upon the terms and conditions set
forth below:
A.) Paula L. Chubb Trust.
B.) Janice L. Collins Trust.
7.
Trustee shall manage and administer all property comprising the principal of these trusts
and may, if Trustee deems it expedient and efficient to do so, manage the respective trust assets as if
they were one trust, taking care to maintain separate accountings and bookkeeping entries for the
two (2) beneficiaries.
A.) Trustee shall pay the income to each of the beneficiaries quarterly for
and during their respective and separate and natural lives.
B.) Trustee shall not invade the principal of either trust unless such
invasion is necessary to pay for a medical emergency, for nursing home care or for
in-home care. In such event or events, Trustee shall not make such payments
without first being sufficiently and adequately assured that the beneficiary or
beneficiaries, as the case or cases may be, is unable to pay for the same from her
own funds and resources. My trustee's discretion and decision in such matters as
2
~zla21Z~ J /i(bc btLki
to the legitimacy of the need and the sufficiency of the proof shall be full, absolute,
unfettered and final.
C.) In the event my said daughter, Paula L. Chubb, fails to survive me, or
upon her death after the establishment of said Trust, I direct that her share shall be
divided and distributed, free of trust, as follows:
(i) One-half (1/2) thereof to her spouse, RICHARD N.
CHUBB, JR., provided he survives her. If he fails to survive her,
then to my granddaughter, JULIE WALIZER.
(ii) One-half (1/2) thereof to my granddaughter, JULIE
WALIZER. In the event she fails to survive her said mother, then
Julie's share shall go to her husband, MICHAEL WALIZER,
provided they were married at the time of her death. In the event that
he has failed to survive her, then to their issue, in equal shares,]lil.
stirpes.
D.) In the event my said daughter, Janice L. Collins, fails to survive me
or upon her death after the establishment of said Trust, i direct that her share shall be
distributed, free of trust, to her daughter, NICOLE ZAPATA. In the event that
Nicole has failed to survive her said mother, then to Nicole's issue, in equal shares,
Der stirpes.
8.
Conceminl: Self-Dealinl: et al. No rule of law against self-dealing, divided loyalty, or
conflict of interest shall be applied to render any transaction effected by the fiduciaries void,
voidable, or otherwise subject to attack solely for violation of such rule, nor shall the fiduciaries
incur any liability, nor shall any fiduciary commissions for acting hereunder be reduced, solely for
violation of such rule. Any transaction which involves self-dealing, divided loyalty, or conflict of
interest by the fiduciaries shall be judged by the rules of law which would apply to the same
transaction at arm's length between strangers free of any element of self-dealing, divided loyalty, or
conflict of interest. Thus, by way of illustration and not of limitation, all fiduciaries are authorized,
without giving any notice required by statute, to:
(1) Employ and compensate any fiduciary or any affiliate as broker,
agent, or professional advisor for any purpose.
(2) Borrow from the commercial department of any corporate fiduciary
or any afftliate at current interest rates.
3
/
~a2t!ld~ //tc ~fJrJ-V~
(3) Buy, retain, and sell any debt or equity security issued or
underwritten by any corporate fiduciary or any affiliate and any debt security
secured, supported, and/or otherwise enhanced by a letter of credit issued by any
corporate fiduciary or any affiliate.
(4) Buy, retain, and sell any security of any investment company or trust
registered under the Investment Company Act of 1940 to which any corporate
fiduciary or any affiliate renders services for compensation.
(5) Buy property from or sell property to any beneficiary or fiduciary
acting hereunder or otherwise on arm's length terms.
An "affiliate" means any entity which owns, directly or indirectly, an interest in any
corporate fiduciary, any entity in which any corporate fiduciary owns an interest, directly or
indirectly, and any entity in common control with any corporate fiduciary.
8a.
My Executorffrustee may resign at any time without court approval by notifying in writing
the then current beneficiaries.
8b.
My Executor/Trustee shall be compensated in accordance with its standard fee schedule in
effect when its services are rendered to the estate or trust.
9.
I nominate, constitute and appoint PNC BANK, N.A., to be the Executor of this my Last
Will and Testament. I further direct that it shall not be required to file bond or other security in the
Office of the Register of Wills for the purpose of administering my Estate.
10.
I specifically make it known hereby regarding the powers of my Executorffrustee: In
addition to the powers given to it by law, my executor/trustee shall have the following discretionary
powers applicable to all property held by it, effective without court order and until actual
distribution:
(1) To retain any property received by it, without regard to any principle of investment
diversification.
(2) To invest in all forms of property, without restriction to investments authorized by law
4
at(dxi{d J(l/Itlc!L~
and without regard to any principle of investment diversification.
(3) To compromise controversies.
(4) To buy, exchange, or sell real or personal property publicly or privately, for such prices
and on such terms as it deems proper; to lease for any term regardless of the duration of any
administration hereunder; and to give options for these purposes without obligation to repudiate
them in favor of a higher offer.
(5) To borrow money from any source, and to mortgage or pledge as security.
(6) To hold investments in the name of a nominee.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this ,;zllt day of
,
aped'
, A.D. 2001.
Signed, sealed, published and declared by the above-named KA THERlNE L.
MACKINTOSH as and for her Last Will and Testament, in the presence of us, who at her request
and in her presence, and in the presence of each other, have hereunto subscribed our names as
~
,
g;~u a~
5
. .
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF CUMBERLAND
I, 'kCi.~ rl 1\e L. lY\o.cA<i n b5~ , Testator/Testatrix, whose name is signed to the
attached or foregoing 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 willingly
and that I signed it as my free and voluntary act for the purposes therein expressed.
1~~~ ff~dM
Sworn or affirmed to and acknowledged before me by the above Testatorlfestatrix this :2 7 H,
day of ~ ' A.D. 2001.
'\jO;i::\P;)! ';eal
Charles t.,hltW '~"! ~otary Public
Monroe "'wp , . .~;~r!and CountY
My Camml!) :'Dn !' ;'1P 20, 2004
Member, P8MSYlvarnaASSOClcii;; '\IOtanes
tI~E~:;:
Notary Public
Notarial Seal
Charles E. Shields III, Notary Public
Monroe Twp., Cumberland Coun
My CommissiOn Expires June 20, 2~
Member, Pennsylvania Association otNotaries
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF CUMBERLAND
We, Uo..v; d A. '13 rc U.l w"\ and -=P~ h- ; c. ; fA. Ii:. l\J fa. vvr , the
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 k",tRe:ri tl(. L. mAc.kirl-n,Sh,
Testatorlfestatrix, sign and execute the instrument as his/her Last Will; that
~ executed it as hislher free and voluntary act for the purposes
therein expressed; that each of us, in the hearing and sight of ':>4..; J ,
Testatorlfestatrix, signed the Will as witnesses; and that to the best of our knowledge, the
Testatorlfestatrix was at that time eighteen (18) or more years of age, of sound mind and under no
constraint or undue influence.
~
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~
Sworn or affirmed to and subscribed before me this ~)day of ~ ' A.D. 2001.
Notarial Seal
Charles E. Shields III, Notary Public
Monroe lWp., Cumberland County
My CommIssiOn Expires June 20, 2004
Member, Pennsylv8n1aAssociation otNotaries
~/ !!/tdc&/:&
Notary Public
, .
CODICIL TO LAST WILL AND TESTAMENT
OF
KATHERINE L. MACKINTOSH, a.k.a. KAmARlNE L. MACKINTOSH
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I, KATHERINE L. MACKINTOSH, a.k.a. KATHARINE L. MACKINTOSH, an
unremarried widow, currently of Lower Allen Township, formerly of Mechanicsburg Borough,
Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding,
do make, publish and declare this Codicil to my Last Will and Testament dated April 27, 2001.
I revoke Paragraphs 2A, 2B, and 2C of my said Will, and substitute in their place the following:
2.
I have formerly provided in the above-referenced Last Will and Testament for a specific devise
of my residential property at 1109 Charles Street, Mechanicsburg, Cumberland County, Pennsylvania,
and for a bequest of certain of the contents therein, to my grandson, Jeremy R. Chubb, as well as for
financial assistance for his post-graduate college education. A change in circumstances and not any
personal displeasure toward my grandson has led to my revocation of both the devise and the bequest
in whole or in part as I set forth more fully herein below.
My said grandson is in the process of purchasing the said premises at 1109 Charles Street and
is obtaining a purchase money mortgage to do so. In the event that at the time of my death, there is
any balance then due and owing on such purchase money mortgage or on any successor mortgage
thereto or on any refinance of such mortgage, then I give, devise, and bequeath in the form of a
specific legacy to pay a debt the sum necessary to pay-off and satisfy such mortgage in full. I direct
my Executor to determine whether such mortgage still exists and, if so, to determine the amount due
and owing at the time of my death, to arrange for and to make payment of the same as soon as
conveniently may be after my demise.
In the event that my net Estate may appear to possibly be less than is necessary to pay this said
debt in full, then my Executor is authorized to pay such part of it as may be conveniently and safely
done and to augment the said initial payment later as information and circumstances may dictate. In
the event my Executor deems it prudent and wise, it may delay payment in whole or in part until the
amount set aside has been confirmed as part of an Accounting, partial or final, by the Orphans' Court.
As an example for the purposes of clarification: If the amount due at the time of my death is
$100,000.00 and because of uncertainties of any sort, payment is delayed so that my said grandson
makes continuing payments such that the balance is reduced to $95,000.00 at the time payment is
actually made, and if my Estate is sufficient to pay the entire debt as it stood at the time of my death,
then my Executor shall arrange payment of the final balance to the lender and shall reimburse my said
grandson for any mortgage payments he has made in the meantime as to both principal and interest.
, ,
I also give, devise and bequeath the household contents of the said premises that have not been
sold or otherwise been disposed of during my life and are still remaining therein at the time of my
death to my said grandson, for example: furniture, linens, silverware, dishes, carpeting, personal
effects, and the like.
If for any reason, the final settlement on my said realty has not taken place at the time of my
death, then instead of the above specific legacy to pay a debt, I give, devise and bequeath my said
realty to my said grandson as a specific devise. In such case, I further direct my Executor and my
attorney to proceed to prepare and record an Executor's Deed to the said property as reasonably soon
after my death as circumstances will permit.
IN WITNESS WHEREOF, I hereunto set my hand ~d seal this '2&/t day of ~
i11'.I~ ,A.D. 2005. I/rrtk~ ~dff1aa~
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Signed, sealed, published and declared by the above-named KATHERINE L.
MACKINTOSH, a.k.a. KATHARINE L. MACKINTOSH, as and for a Codicil to her Last Will and
Testament dated April 27, 2001, in the presence of us, who, at her request and in her presence, and in
the presence of each other, have hereunto subscribed our names as witnesses.
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