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Home My WebLink About07-23-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Frank Gallawav Jr also known as Frank Gallawav Jr ~ 'C-)1- C/,1),) File Number' 1l"'1 ' , Deceased Social Security Number 459-52-8747 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' OR 'B' BELOW:) lKl A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the executrix last Will of the Decedent dated 5/2/2003 and codicil(s) dated 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: D 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 anYt~nd heirs:(.if Administration, c,t,a, or db,n,c,t,a" enter date of Will in Section A above and complete list of heirs) 6 ....~-1 Name Relationshi ~~ N (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his / her last principal residence at 107 A Street Plainfield PA 17081 West Pennsboro TWD (List street address, townlcity, township. county, state, zip code) Decedent, then 77 West Pennsboro TWD years of age, died on 6/29/2007 at 107 A Street Cumberland County PA 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 $ $ $ $ 14.100,00 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 Edna Mae Gallaway 107 A Street Plainfield PA 17081 Form RW-02 rev, 10,13.06 Page 1 of2 Oath of Personal Representative COMMONWEALTH OF PENNSYL VANIA SS 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. Sworn to or affirmed and subscribed before me the ?0(d day of ~. Signature of Personal Representative y. (- Signature of Personal Representative , I ;'.- r,) w Signature of Personal Representative r..".) U1 File Number: (Qj-O'7- QwQS Estate of Frank Gallawav Jr , Deceased Date of Death: 6/29/2007 , <y. co7 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IS E REE that Letters Testamentarv are hereby granted to Edna Mae Gallawav in the above estate and that the instrument(s) dated Mav 2. 2003 described in the Petition be admitted to probate and filed ofreco d as the last Will (and Codicil(s) FEES Letters ....................,........ $ 60.00 ~w~~ Short Certificate(s) ~..~.~~ $ 8.00 Attorney Signature: Renunciation( s) ................ $ Will $ 15.00 Attorney Name: Jan L Brown Automation Fee $ 5.00 Supreme Court J.D. No.: 67993 JCP Fee $ 10.00 $ Address: 845 Sir Thomas Court Suite 12 $ Harrisbura $ $ PA 17109 $ 717-541-5550 $ Telephone: TOTAL ... ... ........ ... ..... ....... $ 98.00 Form RW-02 rev. 10.13.06 Page 2 of2 " " '"1" ./1(7 :1--1 -r.' I ~ LOCAL REGISTRAR'S CERTIFICATION OF DEATH Wt~RNING: It is illegal to duplicate this copy by photostat or photograph, t":l~ It)' thi, ccrtllicatc, Sh,OO Ccrtifil'ation ]\ulllhL'r ~(I-;;;;/--i;;;;.. ~(~\'1Ii,Oifl,t----~ Il\~/ --:r~-___ ;$~~V ii1~ \~'%. ,~~, .~.. "-PO"" ~ ~/ ~ .. \~~ ~ ~~,.f{~- ,j:b~ ... '--, ".,' .. " ~ * '-:,' . ~,~"'" ~,' .... ~ - c:::2 ',,' . ,"~' \~\", /~\,\ "'~b~ /~\\ -___ --f,.f!!1 ---\ ~\: .... ....~,;!'EN11J,;",!!!-I!' ~ This is to certif: ha! th,? inform ,lion here given is correctly copied'r 1111 ,:nJriginal ( 'ertificate of Death duly filed with 11l<~ a., Local Regstrar. The original certificate will b: it1rv'ardl'd r) the State Vital Records Officc ! ,)1' pcnn;ment tili 19. P 1362078.-I__ 2007 t'----.,) <=~I ....::.:::.~ (~ _oJ .fJ r_ "/-1 l-~- !'~ W -n _..;~ rv Ul , H1Q5.143 REV 1112006 TYPE I PRINT IN PERMANENT BLACK INK COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverse) 1. Name or Decedent (First. middle, Last, sufIlx) Frank Gallaway, Jr. 5. Age (last Birttlday) 6. Dale 01 Birth (Month, day, year) STATE FILE NUMBER Cumberland 459 - 52 8747 4, Dale of Death (Monlh, day, year) June 29, 2007 77 Vrn, Bb. County of Death 4/1/1930 RobstONll, TX Ba. Place 01 Death (Check only one) Hospilal: Other: o Inpatient 0 EA I Oulpatienl 0 DOA 0 Nursing Home lZJ Residence OOlher _ Specify: 9. Was Decedent of Hispanic Origin? ex No 0 Yes 10. Race: American Indian, Black, 'Mlite, etc. (~yes._Cu"n. (Specify) Mexican, Puerto Rican, etc.) White Bel. FacIity Name (Ilnotinstilulion,[jveslreel and nOOlDerI Twp. 107 "A" Street 17b. County PA Cumberland Did Decedent Llveina Townslllp? 17C.lKI Yes,DecedentUvedi'l 17d, 0 No,DecedeotLivedwithin Actuallimllsof Twp, 11. Decedent's UsvaI Occu alion ~d of work done most 01 we lie. Do not state retil'lld KlndofWorll KindofBusinessl1ndusll}:. hipping Foreman Quaker Oats Co. . 16. Decedenrs MaHing Addtess (Street. city Ilown, stale, zip code) 107 "A" Street . Plainf ielo, PA 17081 18. FathM's Name (First, midcle, last, suffix) Frank Gallaway 12. Was Decedent ever in the U.S. Armed Forces? BaYes DNa Decedenrs Actual Residence 17a. Slate 13. Oecedenrs Educalioo (Specify only highest grade completed) Elementary I Secondary (0-12) College (1-4 or 5+) 4 14. Marilal Slaws: Married, Never Married, Widowed, Divorced (5pecif)ij Married CIlyfBoro c ~ !Ii ;;i 19, Mother's Name (First, midlIe, maiden surname) Anna Esther Po;vell 2Otl. IntolTl'lant's Mailing AdttnIss (Street, city !town, state, zlJ code) 107 "An Street, Plainfield, PA 17081 21c. Place of Disposition (NBmeof cemetery, crematOty orothllr place) 21d. Location (City flown, state, zip code) s Cremation Services Leola, PA Hame, Inc., Carlisle, PA 17013 DVes ONo 31. Mamerof Death ~N'~raJ 0 H_ 0- OP"",,,,I....,,.,,,, o Sulcido 0 Could Not.. Deloonl""" Approximale inlerval: Part II:, Enter other slonlficanl condlllons mnIrihulioo 10 dgAltl 28. Did Tobacco Use Contribute 10 Death? Onset to Death but>l1ot resulting in the underlying cause!jYBn in Part I. ,0 Ves 0 Probably . No D Unknown 29. If Female: , DNotpregnantwilhinpasl~r D Pl'e{P'lantal~meotdeath o Not pregnant, but pregnant wIIhill42 days of death o Not pregnant, but pregnant 43 days 10 1 year beloredeath o Unknown il pregllanl wiIhirllhe past year 32c. ~~\:n~::~~~jSlreet, Factory, Items 24-26 must be completed by person . who prnnounces death. ~~f::~~~n~~ C\disea~ 5eQuentlaIIvIistcorKllions,W8flY. IeadrIg 10 the C8U8B liated on ~ne a. Enter the l.INDEALYlNG CAUSE (dsease Of il:ljury that inilialed the events resullitlg In death) LAST. b, Due to (or as a consequence of)' d, 308. Was 8f1 Autopsy P9l'formed? 300. Were Autopsy Flmlngs AvaMabIe Prior to ComplelJon ofCaU&eotOeath? OVos )d.'"' 32d. TIIT18 of Injury 32g. Location of Injury (Slreel,ciIy/IOwn, s1atel ., Iz fii ~ i'5 " 'l' 338.. Certilier(dleckon'Yone) Certifying physlclan (Physician C9rIifying cause of death when another physician has pronouncad death and completed llem 23) To the belt of my knowledge, death occul'I1Id due to the C8Use(S) Ind manner IS stilted.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ~,:n~,.~=~,:, ~~~:thti~::e~::e1DI~=~~)~~~ manner IS stated.- _ __ _ __ _ __ _ __ __ _ __ 0 Medlcll Ellmlner f Coroner On the blala of examination and I or investigation, In my opinion, death occulTed lit the time, dale, Ind place, and due to the cause(s) Ind manner liS atatecL 0 j9~~"oM~~~~~ 1C;!llldlllOI Disposition Permit No. no,~?:'+D7 LAST WILL AND TESTAMENT OF FRANK GALLA WAY, JR. ~'--' ;-~-.:) o -..J ::0 r__ ~r~ (-) i~ .i' .. !'0 0) I, FRANK GALLAWAY, JR, of West Pennsboro Township, Cumberland Coun~yl Pennsylvania, declare this to be my Last Will, hereby revoking all prior wills and codici~;:':.j " ". -;', r-,..) c.n FUNERAL EXPENSES FIRST: I direct the payment of my funeral expenses, including my gravemarker, as soon as may be convenient after my death. PAYMENT OF DEATH TAXES SECOND: I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of the expense of administration of my estate. DISTRIBUTION OF RESIDUE THIRD: I give the rest of my estate to wife, Edna Mae Gallaway, providing she shall survive me for a period of thirty (30) days. If she shall not so survive me, I give the rest of my estate, per stirpes, to my issue who survive me for a period of thirty (30) days. PROTECTION OF BENEFICIARIES (Spendthrift Provision) FOURTH: No interest in income or principal shall be assignable by a beneficiary or available to anyone having a claim against a beneficiary before actual payment to the beneficiary. Provided, however, any beneficiary may assign any part or all of the beneficiary's interest in my estate to anyone or more of my descendants or to anyone or more of the beneficiary's descendants. MINORS AND INCAPACITATED BENEFICIARIES FIFTH: If any income or principal shall be payable to any person who shall be a minor or who shall be incapacitated for any reason, my executor as trustee shall hold such income and principal during minority or incapacity and shall be entitled to apply such income and principal to c:J 4j. initia the health, maintenance, support and education of such person during minority or incapacity without the appointment of any guardian or committee or any authority of court. My executor as trustee shall be entitled to make direct application hereunder or to make application by payment of income and principal to the parent or other person in charge of such minor or incapacitated person, or to his or her guardian or to a custodian under the Uniform Transfers to Minors Act. Any remaining income and principal to which such person shall be entitled shall be distributed to such person upon the termination of minority or incapacity. My executor as trustee shall have the same powers as my executor. POWERS OF EXECUTOR SIXTH: I confer upon my executor the right to sell or otherwise convert any real or personal property at public or private sale, at such time or times, in such manner, and for such price or prices, and on such terms and conditions as my executor shall determine, and to execute and deliver good and sufficient conveyances, assignments and transfers of the property, without liability of any purchaser for the application of any consideration; to borrow money and to secure its payment by mortgage of real or personal property, pledge of investments, or otherwise, without liability on the part of the lenders to see to the application thereof; to retain any investments at discretion; to invest and reinvest at discretion, without restriction to so-called "legal investments"; to make distribution in cash or in kind; to allocate and distribute different kinds or disproportionate shares of property or undivided interests in property among beneficiaries, in cash or in kind, or partly in each; and to do all other acts and things necessary or appropriate in the management, administration and distribution of my estate. APPOINTMENT OF GUARDIAN OF ESTATES OF MINORS SEVENTH: I appoint my executor as guardian of the estates of minors with power to hold all property payable by law to a guardian appointed by my will and to use it for the minor's health, maintenance, support and education, either directly or by payment to any person selected by my executor to disburse it whose receipt shall be a complete acquittance. Guardian may, in discharge of all the guardian's duties, pay any minor's share deemed impractical of administration to the parent or other person in charge of the minor or to his or her guardian or to a custodian for the minor under the Uniform Transfers to Minors Act. My executor as guardian shall have the same powers as my executor. APPOINTMENT OF EXECUTOR!RIX EIGHTH: I appoint my wife, Edna Mae Gallaway, Executrix of my will. If Edna Mae Gallaway is unable or unwilling to qualify as Executrix or having qualified is unable or unwilling to act, I then appoint Debra Goodwin as Executrix hereof c=T df~l mIll WAIVER OF BOND NINTH: I direct that no fiduciary hereunder shall be required to furnish bond in any jurisdiction, and if any bond is necessary, no surety shall be required. INTERCHANGEABILITY OF LANGUAGE TENTH: Words used in the singular may be read to include the plural or the plural may be read as the singular. Similarly, the masculine form may be read to include the feminine and neuter; the feminine may be read to include the masculine and neuter; and the neuter may be read to include th(: masculine and feminine. HEADINGS ELEVENTH: The headings used on the various paragraphs of this will are included for convenience only and shall have no legal significance. I have signed this will this J ~ day of ~y ,2003. c=X7/4>?'-"" ~~..,~? . Frank Gallaway, Jr. -.. ~~ Witness ;tk;J ?1J ~ Witness ACKNOWLEDGMENT and AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) We, Frank Gallaway, Jr., the Testator in and the undersigned witnesses to the will, the attached or foregoing instrument, who have signed the instrument, having been qualified according to law do depose and say: (a) that I, the Testator, do hereby acknowledge that I signed the instrument as my will, that I signed it willingly and as my free and voluntary act for the purposes therein expressed; and (b) that we, the witnesses, were present and saw the Testator sign and execute the instrument as his will, that he signed it willingly and executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the will as a witness and that to the best of our knowledge the Testator was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. ~..,.,.~ ~/~.-vq~ ' Frank Gallaway, Jr., Testato ~/tbWz Witness ~?h~ Witness I CA~,\ /' C\ :~t ~ 1\, '~~'-)Gv ( Notary Public Ij 0 i Notarial Seal I ,:3,~san K. Guyer, Notary Public I Carlisle BOlO, Cumberland County L My Co~mi~~on Expires Sept. 4, 2003 :v!t)mL~~>' i"\p.;wsyh:2!r)'-~ A'~S(lG!9,tlon of Notaries