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Home My WebLink About07-16-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Lowrie F. Smith File Number 21~07 - U l.D~ also known as , Deceased Social Security 204-04-9429 Petitioner(s) who is/are 18 years of age or older, apply(ies) for: IX] 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 April 20, 1999 and codicil(s) dated N/A .:i..: (state relevenat circumstances, e.g. renunciation, death of executor, etc.) --4.. '" ',> Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instNm~m('S) offeTed for probate, was not the victim of a killing and was never adjudicated an incapacitated person: I ] B. Grant of letters of Administration (lfapplicable enter: c.t.a.; d.b.n.c.t.a.; endente lite; durante absentia; dttrnnrt:miflQrFtate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by tlltlJollowing spouse (if any) al)d ~eir!t (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.) . , . ' " 13.00 Decedent then 93 years of age died on 7/1/07 889 Mt. Rock Rd, Carlisle PA 17015 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: 4,000.00 '\ ~ Ji.' -'_f \ ADDRESS 1 NAME2 ADDRESS2 NAME3 ADDRESS3 < ' (") Co <"':0 .~~ -00 ~$I -' :z; S3 (I) 7' 00 o ..,., r- ::0 --4 '0 > r--.) = --' c.... c= I C7' ~.J ... ,-r1 C) ''-0'2 .-,J '':'.::J (Ii C'::J C:J -'7\ )J ,. ') r-T. ;po :x - - .. co Page 1 of 2 OATH OF PERSONAL REPRESENTATIVE COMMONWEATLH OF PENNSYLVANIA COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and corre 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. r~7-;(,J~ Ernest L. Smith Sworn to or affirmed and subscribed before me ,this 7 - I u - ~7 ~~~.rvr~, . For the Register File Number: & \ - 01 - Ul1 ';}, Estate of Lowrie F. Smith , Deceased I-Jul-07 Social Security Number: 204-04-9429 Date of Death AND NOW , 2011-in consideration of the Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Ernest L. Smith in the above estate and that the instrument(s) dated April 20, 1999 described in thte Petition to be admitted to probate and filed of record as the las Will (and Codicil(s) of Decedent) - kUtV\M.l :8a{\U..v ~r.J\b~' . - .. .... - Register of Wills fA V- ",. ~:'~P'" .......... " ._- ,-' . . . FEES Signature ~ ~I p).:.~. ." Attorney Name Robert M. Frey Letters Short Certificates Renunciation Sup. Ct. J.D. No 6274 Address: 5 South Hanover Street Carlisle, Pennsylvania 17013 Telephone: (717) 243-5838 TOTAL.. . Page 2 of 2 H10::;,S())" REV (olI()?] ~ \ -u7 '....Q (J; ~ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 13621078 Certification Number '~~ S~~\~~" d,C~':~Lld.'\ 1-1I--<>{'2:~~, . 'tJ H105-143 REV 1112008 "M'Ell'RIICTlN - IllNlI< INK This is to certify that the information here given is correctly copied from an original Certifi'2ate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. ~~ ~e.u..~...JUI/ 11/2007 Local Registrar Date Issued (") S;o >1:JJ .c, \:J ,-... ',p:\..1 .. ~ h=; ---:::0 ,.OJ^ JC)O )O-n J'= , :0 --i :g ,...." <::;) <::;) -.l c... C r- > :x TJ iT1. (") CJ '.n (.J ,'.1 I.:.;J C) C') - ) 1 -:;":1 ::U C) IT1 CT\ --.-.\ - CO COMMONWEALTH OF PENNSYLVANIA. OEPARTMENT OF HEALTH. VITAL RECORDS CER11FICATE OF DEATH (See InstructIOnS lUlCI ex_pies on ~) STATE FILE NUMBER ., DolO ..lJodI_ diy, ~ 9429 Jul 1, 2007 I. _"DocodIoI ~ _IM,_I Lowrie F. Smith 5, Ago l1Ml_ 1.~ eM_" IlI.Ploto"!lIII\ ~ Mifflin Twp., ~ 0II>0r. 1914 PA CI_ OERJ~ ODOA ONlning- 0_ OOlllot.l\lOdfy: 8d.FdIy_III",_,gIvo_eM_ ..__........0llgIn' IllINo O'tto 10. Roco:___-,""', . 1 Reg' a1 u_.."' 1 Cente {w,",,~~, (5JIoofIl . Carl1S e 1011 ,.-.....ca r -,--,....) White 12.___~ll1o 13.__{SpIdIyonlyr;potpll~ 1.,_____ 15,~Slx>uOIIII....gIvo-....) U.S.__' _/s-ndIry(O-l2) CoIoIIItI......S+) -.-{5JIoofIl O'tto itlNo 4 iOOwed =""'_I1L_ PA ['I:l.~ 17C,Xlv..__~ Perm Cumberland -.ohIp' l1d,O No.___ l1b. Ccully _Ulilocl 1..-'_~___1 Nena - Morrison 2Ob.-.-.g_{_cIly/_,_~_) 889 Mt. Rock Rd., Carlisle, PA 17015 O~ 0- 21._..__01_,_.._.....1 :-':::-~~-O'ttoONo 7/6/2007 Cumberland Valley Marorial Gar 22o._1lICl_..FICIly &ling Brothers Funeral Hare, Inc., Car lisle, PA 1 7013 _.......,dIIolllCl....._. ~......I 23b, ~....- '--;-C:'... C~ ....,,,, MbcL'41 /p tsL 93 y". lib, Ccully" DoIIh Cumberland 11.-.r.UMI _.. "'00"'_ Kildol_ KiId.._,_ Famer is own fann l~-.-.g_~cIly/__,ll>_) 889 Mt. Rock Rd. Carlisle, PA 17015 1~-'_~_1III.1lliIlI Ervin L. Smith lllLlnfannInt'I-lT""/PrInIl Ernest L . Smith ~ ~ 21.. MIftod rI 0iIp0III0n CD- 0--- OOlhor.~ 22L ap.n.. '-1" .. ~ -.... only - cd'jIng ..-."'_.....01_.. ....,-..-. ___bo.....-by_ ...--. ... _.. DoIIh =rI:~=~ L~~~ b. ~~~ CcI..k.-. ~~".,_oI): ~ 1/:;, JJ c. ~ i ,~~ tMlo~conIIIqUInCIoI): d. I-- I On....oOellh I I . I , I , I I , , : . , I =1oI_,DlIIl\ .....---....... EnIar __CAU8E =-..:Jitl,~ 3lIa.Woa"'_ - 31._oIDa11h ~O- 0- Ol'lnq_ 0- OCcUdNolbo_ OVla ~ 3Ob,___ --..-- .. c...o 01 IloIIh? O'tto ~ C ..J I ~ ! ... .. I~ II I~I I 1(\ I ~_Nc. l'Iop. Cly/- 2111. t..-. {CIy1_ _, zip_I S Carlisle, PA 23c. 0aIa SJgnad (MInh, diy, )'llIj ~tl'2-c"'-:;' 26.WoaClto_~_leor-for._Olhorlhanc...-..-. o VIa crNo PlJtIl:.ErdlrolWannihnttJtlnllllDnamnHUmmdMil. 28.DiI-rat.:co~CclrMIJtI.IoOlllh? 1lol",,,,,,,,,,klll1o.-.,.ng_p.onklPlrtL "0 'tto 0"""""" EJNo ~ Jt.~~:h ~ f~ 29.IfFtm118: o NoI__paatyaar 0"-".......- o NoI-.bd__a.... d_ O NoI-...._<:I....","" -- O_w__....paat"" 32c.==~_F.oy, 32Q.t..-..."*"'~cIly/__1 /l ) ~ .( .~ f'" ..-" -....~ ~ () ;5 So -.I ~',~~(} ~ ~~:~gj en \-:t3.~ ~ I, LOWRIE F. SMITH, widower, of Penn Township (mailing address: 889-~ Rock Road, Carlisle, Pennsylvania 17013), Cumberland County, Pennsylvania, being of:iOund anL disposing mind, memory and understanding, do hereby make, publish and declare this as and foP> my Last Will and Testament hereby revoking and making void any and all Wills by me at any time heretofore made. LAST WILL AND TEST AMENT OF LOWRIE F. SMITH TJ r--rJ C--:) ,.-:) ':XJ CJ ,:h C::-J ~;;~ -'''1 ("5 n-"1 1 . I direct my her~inafter named Executors to pay all of my just debts and funeral expenses as" s0911 aft,~r my dejith. a~ Ill,ay b~ Jpund conveni~qt to dO,8,9, I. qir,~ct tJ;1~ Wy fpt}~5c;U s~{Yices".b~ ~onducted 'oy Ewing ~roih~rS'. Fu~ralHotfie,630 South Hanover ~~eet;'carlis1e:\p'ennS'ylvania, III a manner substantmlly sundar to the arrangements made by me for the services "for my wife, Cora M. Smith, and that my body be interred beside hers on my burial lot located in Cumberland Valley Memorial Gardens, along Governor Ritner Highway near the borough of Carlisle, Pennsylvania. 2. I bring to the attention of my Executors that all of the farm machinery and tools and equipment and household goods located on the premises where I reside with my son, Ernest L. Smith, are the property of Ernest L. Smith and his wife, Phebe C. Smith. All of such property which I previously owned was disposed of by me after the death of my wife, Cora M. Smith. 3. If at the time of my death I am still the owner of any truck or passenger automobile, I give and bequeath the same to my son, Ernest L. Smith. 4. 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 in equal shares to my four (4) children and their spouses, their heirs and assigns, as follows: a). One share to my daughter, Catherine I. Comp and her husband, Harry F. Comp, as tenants by the entirety, provided at least one of them shall survive me by a period of ninety (90) days, but should both of them fail to so survi ve me then to such of their legitimate issue as shall survive me by a period of roinety{90Jdays, thelrln::irsanclassigllS-l':;perstirpes" b). One share to my son, Ervin B. Smith and his wife, Catherine Smith, as tenants by the entirety, provided at least one of them shall survive me by a period of ninety (90) days, but should both of them fail to so survive me then to such of their legitimate issue as shall survive me by a period of ninety (90) days, their heirs and assigns. per stirpes, c). One share to my son, Ernest L. Smith and his wife, Phebe C. Smith, as tenants by the entirety, provided at least one of them shall survive me by a period of ninety (90) days, but should both of them fail to so survive me then to such of their legitimate issue as shall survive me by a period of ninety (90) days, their heirs and assigns, per stirpes, d). One share to my son, Carl E. Smith and his wife, Betsy L. Smith, as tenants by the entirety, provided at least one of them shall survive me by a period of ninety (90) days, but should both of them fail to so survive me then to such of their legitimate issue as shall survive me by a period of ninety (90) days, their heirs and assigns, per stirpes, e). The meaning of "legitimate issue" as used in this Last Will and Testament shall be limited to a child or children born to a female descendent of Testator regardless of whether the mother is married to the father of such child or children. and shall be limited to a child or children born to a male descendent of Testator where the father of such child or children is married to the m)tl1~f ei(h~r bet.:,}',.: or aJkr the l"1rth ('1' th~ child (;j' ci'lildrt'll. 111 Jny t:;welht'.- ilic..ming of "child" or "children" or "legitimate issue" as used above shall NOT include any adopted child or children. 5. I hereby nominate, constitute and appoint my son, Ernest L. Smith, and my son, Ervin B. Smith, as Executors of this my Last Will and Testament, and I further direct that neither of them shall be required to post any bond to secure the faithful performance of his duties in the Commonwealth of Pennsylvania or in any other jurisdiction. I wish to note further that it is my expectation and desire that my Executors be compensated at the usual commission rate of 5% of the assets which comprise my probate estate. Page 1 of 2 Pages r--" . .... -,- IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament written on two (2) pages, this 20th day of April, 1999. ~~ 7:~SEAL) Signed, sealed, published, and declared by Lowrie F. Smith, the Testatrix above named, as and for his Last Will and Testame,Jlt, 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. ~-A ~1 _~ a JJ:fy~ Page 2 of 2 Pages 9,\ -Ol-Olt~a OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of Lowrie F. Smith , Deceased Robert M. Frey , (each) a subscribing witness to the [ ]Will []Codicil presented herewith, (each) being duly qualified according to law, depose(s) an. say(s) that she / he / they was / were present and saw the Testator / Testatrix sign the same and that she / he / they signed as a witness at the request of Lowrie F. Smith the Testator / Testatrix in her / his presence and in the presence of each other. ~'h,;,rr-::+- (Signature) (Signature) 5 South Hanover Street (Street Address) (Street Address) Carlisle PA 17013 (City, State, Zip) (City, State, Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed before me this__ llo day of . ()uti ". 2007 Sworn to or affirmed and subscribed before me this day of 2007 " 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. l".) o = So ~ "':j:D '- ,j-o <= '] .;;r: 0 r- --~- ~ :;; -<'-:; :D :-:; C/') ^ 0"\ 8~ ~ C'" -'10. .:::6 --I ,)i! - .. co :1:) FMo C~.J ,~=:> (:~_) =rJ -Ie) ,.; i" =DCJ c) , II II ("') rn I, ~"l (~ I...i_ W_ I.' . c) C) elCx.:: U.J L~.J C.:-i I -. 0: <;'-.2 C) C.~) &3~~"J cr: d\-O 1- u.u d. Reaister of Wills of Cumberland County OATH OF NON-SUBSCRIBING WITNESS Estate of Lowrie F. Smith No. 21-07 Also known as , Deceased Robert G FREY AND MARY C. WERT, (each) a subscriber hereto (each) being duly qualified according to law, depose(s) and say(s) that they are familiar with the signature of Kimberly Mayberry. testatrix of the Will presented herewith and that each believes the signature on the Will is the handwriting of Lowrie F. Smith to the best of our knowledge and belief. Sworn to or affirmed and subscribed before me this l <..0 day of July, 2007. 5 South Hanover Street Carlisle, PA 17013 .liLt Vl1' 11m -4a. f)'LL r -Jf TOJJ bcwgh Register D~~~ O. ;VL~. 7!l~~t 5 South Hanover Street Carlisle, PA 17013 0:> M Cf I- (:c --, u...c OC),. ::::<::: ~. cc Sf) , --::t"'-- :::~i; DlEt: ccS.. 0:3 D :a:: c:c \.D -l => -, I'"'- = c:::> "" c9\-07 -~~a RENUNCIATION In Re Estate of LOWRIE F. SMITH To the Register of Wills of CUMBERLAND County. Pennsylvania. The undersigned Ervin B. Smith deceased. the above decedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that Letters Tel'ltAmentAry be issued to Ernest L. Smith WITNESS hand this 1 Rth day of .July mv . ~J. 2007 . (5~ (Y.~~ (Sianature) ERVIN B. SMITH 406 Heisers Lane . Carlisle PA 17015 (Address) (Signature) (Address) (") ~o < ::0 (Sjanature)c~ -0 (") 3;;;!;,- --~.~ :~ S3 -.::(/)^ :7 (') 0 :-)0., (Address) :-J:o 0-; :z> r-...:> <::::) c:::t --.I L C ,- 0'\ ::r:> .,. - .. co of :n ::J..J r- t 1 !nO G)C'") (?~ tg n-lit1 :::11 C:J (-:) ~ ---n ('-) rTl