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Home My WebLink About08-07-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Anna M. Cullings File Number 21-07 - lYL-\ also known as . Deceased Social Security 207-34-6648 NOTE: Harry M. Cullings, husband, died December 14,2004 Petitioner(s) who is/are 18 years of age or older, apply(ies) for: I X I A. Pro hate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executors named in the last Will of the Decedent dated August 25, 1994 and codicil(s) dated N/A (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: I I B. Grant of letters of Administration (lfapplicahle enter: c.t.a.: d.h.n.c.t.a.: endente 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 any) and heirs: (If Administration. c.t.a. or d.h.n.c.t.a., enter date of Will in Section A ahove and complete list of heirs.) COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent was domiciled .a~ death in Cun:berland County, Pennsylvania with his/her last principaLresidence.at" L 1, <-~ IJ. k.-" / c#7 C -<:....'r.e....<::... ist street a ress, town city, towns lip, county. state, ::.ip co e) I ('J) /U~L"""","_4,~.'::1 p/.l- ,j :/) Decedent then 32 years of age died on 7/30/07 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 si tuated 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 a ro riate form to the undersi 'ned: I I nature ')..-V\ ~~f) .,.) J'{l~-J:L/T.-~ / ADDRESS 1 NAME2 ADDRESS2 NAME3 ADDRESS3 James D. Cullings Karen Sue Cullings n ~ r N '" ," yO giTln 53'" -...JOO "';j ,....", iTl~n>UJ.- ~.....hc:>-l;,:: , /': ,q C') iTl ' . ~uJ'" ?;Jtj /': -:r.-...JOO tjnO"C'T1'T1 n~'TI~:;:;;21 Q~ v..pn ......; .. r M ~. ~UJO ..-- \K'\'J 'TI ,\ "''\ Page 1 of 2 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing petition are true and corr 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 su!?scribed / before me this I...jd //t.1..i:;',-,r.;;T .;.~()Q '7 JfOft1i)Y~1f^\ J .at0:1;{; , ' I For the Re iste File Number: ;) \. Of - I L1 q Estate of Anna M. Cullings , Deceased Social Security Number: 201-16-2367 Date of Death 30-Jul-07 , 2COLin consideration of the Petition, satisfactory proof IT IS DECREED that Letters Testamentary Harry M. Cullings, James D. Cullings and Karen Sue Cullings in the above estate and that the instrument(s) dated August 25, 1994 described in the Petition to be admitted to probate and filed of record as the last Will (and CodiCiI(s) of Decedent) AND NOW having been presente are hereby granted to FEES Signature ~ Letters q iJ ' 00 Short Certi ficates I d. . 00 Renunciation Wi 1\ J~ . oc:> ..JCP IG.Lla Cev.. -t"vmcl+,h'(\ S, cYf) Attorney Name Stephen D. Tiley Sup. Ct. J.D. No 32318 n ~ r' N~r:-: yO g!TJn 53~ -..](JO ";:i ~?=I tTJ~P>~tJ ~,;-~Cn-itTJ f L': ,'0 C") l'~ , ,;- cr.' ~ ~ 0 L': .::r. -..] 0 '"' onO"tl'TI:::n ,...,O'TI!:;;ol:;:::;'T >-:: ~ ~-, ~ v~ v..d" ""--' ..eM ...., v..>-i ~ \.... V, 0 ,- IWIj~ 'T Page 2 of 2 Address: 5 South Hanover Street Carlisle, Pennsylvania 17013 Telephone: (717) 243-5838 TOTAL.. . OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA ---;r\-~--G-~--:-~-C\~--------- Estate of Anna M. Cullings , Deceased Stephen D. Tiley , (each) a subscribing witness to 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 ~2...d subscribed befo3 me this -Bft day of -lc)~L#1 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. n ?::J :-: 0 ~:n~ ~ y 0 l"~ l" 53i?g ....:JOO H..,..,n>f/j?::J ~;;~e>-itJ , y. l', ~ tT1 tTJ ~~?'J ?::JtJ . -7:....:JOO tJnO"'tl'T:'T] ng'"r1a::R2] Q?;i (.N~n . ~ .. l"' tT1 '<i' (.N l"' ;;.. Ir0v.J 'J, Q OATH OF NON-SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA - - - - - -?i T:- (j ~r: - - i ~ -lj - - - - - -- Estate of Anna M. Cullings , Deceased Robert G. Frey and Mary C. Wert (each) being duly qualified according to law, depose(s) and say(s) that she / he / they was / were we acquainted with Theresa L. (Bentzel)Martin and am/are familiar with the handwriting and signature of the decedent,and that the signature of Theresa L.(BentzeI)Ma to the foregoing instrument purporting to be the Last Will and Tesatment of Anna M. Cullings is in his/her own proper handwriting. .}~0Jlt- (Signature) o ~oid-ru(~(,t <!:lr~t Address).--;) ~9b (#t /10/3 (City, State, Zip) (Signature) (Street Address) (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this 7 day of Au~u C> --\ 2007 n ;;r;;: r; N;;r;;:;n ~O g~c; 5:l~ -..,JOO ;n-n>E/j?= ~;:::"C>-iO , 7rr;C')h1~ ~vi~ ;;r;;:O . -~. -..,J 0 C oc;O"'tl'TJ'TJ "",O_~ ....., ,) r: oj ~ :;:; ~ Q?;i v..~n :V>-i (;.f-<tT! ;;.. 1\~{i if, Q OATH OF NON-SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA -----2-\-:-2)1-:-~-i:i~--------- Estate of Anna M. Cullings , Deceased Robert G. Frey and Mary C. Wert (each) being duly qualified according to law, depose(s) and say(s) that she / he / they was / were we acquainted with Theresa L. (Bentzel)Martin and am/are familiar with the handwriting and signature of the decedent,and that the signature of Theresa 1..(Bentzel)Ma to the foregoing instrument purporting to be the Last Will and Tesatment of Anna M. Cullings is in his/her own proper handwriting. \~Xd, (Signature) 5 ~...J ~ \-\c~""-D V-\..I--- ~ t . (Street Address) (Signature) (Street Address) (",-" l,'~ ~ ~ fA\'7 D L'~ (City. State, Zip)) (City, State, Zip) Executed in Register's Office Sworn to or affirmedrjfd subscribed befoD me this 4:> day of liG{&Ji- 2007 ') r.;. ~ C:" N:>:::tTJ ~v O~(-., ~~ o~>-! tl:! 'V -...:J ,- v tTJ'"T'r;.....vofJ ~ r,~"'- , ~ '- ~ , 7: [TJ c:: tTi tT! r; v; ?:1 C') ?::J tJ /, -?":-...:J ~PO'"tlQQ , - r'-' 'T; ~ ..-; 'T' o -< ~ X H "?::J t.N;::::J >-J !'" tTJ ,'V "t.N r< .;- '\1' ,^,,"" VJ Q \ ~- \ -, LAST WILL AND TESTAMENT OF ANNA M. CULLINGS I, ANNA M. CULLINGS, of South Middleton Township (mailing address: 128 South Ridge Road, Boiling Springs, Pennsylvania 17007), <;=umberland County, Penn~ylvania, being of sound and disposing mind, memory and understandmg, do hereby make, publIsh and declare this as and for my Last Will and Testament, hereby revoking and making void any and all Wills by me at any time heretofore made. 1. I direct my hereinafter named Executor or Executors to pay all of my just debts and funeral expenses as soon after my death as may be found convenient to do so. I further direct that all inheritance and estate and death taxes which may be payable on account of my death shall be paid from the residue of my estate regardless of whether the assets upon which such taxes are based are included in my probate estate. 2. 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 to my husband, Harry M. Cullings, his heirs and assigns, to the exclusion of my children, born and unborn, provided my said husband, Harry M. Cullings, shall survive me by a period of ninety (90) days. 3. Should my said husband, Harry M. Cullings, predecease me or fail to survive me by the aforesaid period of ninety (90) days, then in such event 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 as follows: a) I give and bequeath the sum of $5,000.00 to my grandson, James D. Cullings, II, his heirs and assigns, provided he shall survive me by a period of ninety (90) days, but should he fail to so survive me then to such of his legitimate issue as shall survive me by a period of ninety (90) days, per stirpes, and if there be no such issue then the same shall lapse. b) I give and bequeath the sum of $5,000.00 to my granddaughter, Anthea Cullings Abers, her heirs and assigns, provided she shall survive me by a period of ninety (90) days, but should she fail to so survive me then to such of her issue as shall survive me by a period of ninety (90) days, per stirpes, and if there be no such issue then the same shall lapse. c) The balance thereof I give, devise and bequeath in equal shares to such of my three (3) children, their heirs and assigns, as shall survive me by a period of ninety (90) days, my said three children being Harry Michael Cullings, James D. Cullings, and Karen Sue Cullings. Should any of my said three children predecease me or fail to survive me by the aforesaid period of ninety (90) days, then in such event I direct the share such deceased child of mine would have received shall pass to such of his or her legitimate issue as shall survive me by a period of ninety (90) days, per stirpes, and if there be no such issue the same shall lapse and be added to the share or shares of my other children, per stirpes. 4. I hereby nominate, constitute and appoint my husband, Harry M. Cullings, as Executor of this my Last Will and Testament but should he predecease me or fail to qualify or cease serving as such, then in such event I nominate, constitute and appoint my three (3) children, Harry M. Cullings, James D. Cullings and Karen Sue Cullings, or any of them, as alternate or successor Executors, and I further direct that none of them shall be required to post any bond to secure the faithful performance of his or her duties in the Commonwealth of Pennsylvania or in any other jurisdiction. 5. Should any person less than 21 years of age be entitled to distribution from my estate, in such event I direct the same shall be paid to the person or persons or corporate fiduciary which may be selected by my Executors as Guardian of the estate of such person and if the amount is in excess of $10,000.00 such appointment shall be approved by the Orphans' Court Division of the Cumberland County Court of Common Pleas or such other court as may have jurisdiction, and I authorize and direct such Guardian to receive and to invest the same and pay the income arising therefrom together with so much of the principal thereof as in its opinion is necessary or desirable to be expended for the proper maintenance, support and education of such person, and upon such person attaining 21 years of age to pay to him or her the then remaining principal together with any undistributed income. 6. My Executor and Executors and the Guardian of the estate of any distributee, in addition to the powers conferred by law, are authorized and empowered: a. To invest any part of the trust corpus in such securities, investments, or other property as may be deemed advisable and proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. Page 1 of 2 Pages RECORDED OFFICE OF REGISTER 01. \X1LLS 2007 ~UG ~ PM 3:31 ) CLI~RK. Of. If!< ORPH.'\.?\S' COCRT l' CU\IBERL\:'\D co., P.'\. ' .. b. With respect to any corporation, the stocks, bonds, or other securities of which may be held, to vote in person or by proxy on any shares of stock; to consent to the merger, consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale of the property of any such corporations; to make any surrender, exchange or substitution of such stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of such corporations; to pay all assessments, subscriptions and other sums of money which may be deemed wise and expedient for the protection and maintenance of the proportionate interest of the investment in such corporations; to exercise any option or privilege which may be conferred upon the holders of such stocks, bonds, or other securities of such corporations either for the conversion of the same into other securities or for the purchase of additional securities, and to make any and all necessary payments which may be required in connection therewith; and generally to have and exercise as to all such stocks, bonds and other securities, the powers of an individual owner who is under trust obligation. c. To hold the trust corpus in one or more consolidated funds in which separate shares shall have undivided interests. d. To sell at public or private sale for cash or upon credit, or partly for cash and partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of the trust estate, and no purchaser at any such sale shall be bound to inquire into the expediency or propriety of any such sale or to see to the application of the purchase moneys arising therefrom. e. To keep on hand and uninvested such money as may be deemed proper and for such period as may be found expedient. f. To compromise, settle or arbitrate any claim or demand in favor of or against the trust estate. g. In the discharge of fiduciary duties, to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the principal or income of the trust fund, and shall further be entitled to charge against the principal or income such other reasonable expenses and charges as may be necessary and proper to incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. h. In making any division of property into shares for the purpose of any distribution thereof directed by the provisions of the trust, to make such division or distribution, either in cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any division or distribution in kind may allot any specific security or property or any undivided interest therein to anyone or more of such shares, and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value for purposes of distribution of the securities or property so allotted shall be final and conclusive upon all persons interested in the trust or in the division or distribution thereof. i. To register any shares of stock or other assets of any trust in their own names or in the name of a nominee. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament, written on two (2) pages, this 25th day of August, 1994. ~, ,; /l',?,;//; Anna M. Cullings / ( (i 1.'/ (SEAL) Signed, sealed, published and declared by ANNA M. CULLINGS, the Testatrix above- named, as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. ~ .,/ --- ~~ /) .. . L 4' ~'l'-<'--"i.'/- I,' ~ .?~//l l ' I I- i. I - ..- /"',