HomeMy WebLinkAbout08-30-07
PETITION FOR PROBATE AND GRANT OF LETTERS
Register of Wills of Cumberland County, Pennsylvania
Deceased
File No. ~ \ - (Sl - XO,
Social SecuritY No. 191-42-8256
Estate of
CATHLEEN J. MAY
JOHN R. MAY
Petitioner, who is 18 years of age or older, applies for:
(COMPLETE "A" OR "B" BELOW:)
~ A. Probate and Grant of Letters Testamentary and aver that Petitioner is the Executor
named in the Last Will of the Decedent, dated October 16, 1998 and codicils(s) dated
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 0 ~
(if applicable, enter: c.t.a.; d.b.n.c.t.a.; pendent elite; durant~~tia; duraiii minoritate, .~
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Relationshi Residence.. en w
Name
(COMPLETE IN ALL CASES): Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at
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208 East Main Street. Shiremanstown Boro, Cumberland County, Pennsylvania
(List street, address, town/city, county, state, zip code)
Decedent, then 93
years of age, died on
August 23. 2007 at
Shiooensbura Health Care Center. ShiDDensburQ. PA
(Location)
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) 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 ......................................................................................................................$
T ota I.................................... ........................ ............................................. $
100.00
107.000.00
107.100.00
Real Estate situated as follows:
208 East Main Street. Shiremanstown. Cumberland County. Pennsvlvania
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:
rinted name and residence
JOHN R. MAY
17 Cold Springs Road
Dillsbur ,PA 17019
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
The Petitioner above-named swears or affirms that the statements in the foregoing Petition are true and
correct to the best of the knowledge and belief of Petitioner and that, as ersonal representative of the
Decedent, Petitioner will well and truly administer the estate accord' g law.
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Sworn to and affirmed and subscribed
Before me this 2J)
day of
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File No. ,1)\ - 61 - 015 0-'
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Estate of
CATHLEEN J. MAY
, Deceased.
Social Security No: 191-42-8256
Date of Death:
Auaust23.2007
AND NOW, ,2007, in consideration of the foregoing Petition, satisfactory
proof having been presented before me, IT IS DECREED that Letters Testamentarv are hereby granted to
John R. May in the above estate and that the instrument dated October 16. 1998
described in the Petition be admitted to probate and filed of record as the Last Will of the Decedent.
FEES
Letters........................... $_ 8lDO . U ()
Lf Short Certificate(s) $ ~O. 00
Renunciation.............. $
AffiJavil ( ).\AI.\..l\..... $-11:) .00
Extra Pages ()....... $
Cod ici 1............................ $
JCP Fee....................... $] 0 . 00
Inventoryf.1uio.v:ncLtWt\ $ "5 . 00
Other.............................. $
TOTAL......... $ ?:>~O . 00
#eRJN1f). jo.mLf J%~ (lR-rd~
egister of Wills .
Attorney: ~G~l:c:;
1.0. No: 20558
Address: Johnson. Duffie. Stewart & Weidner.
301 Market Street. P.O. Box 109. Lemovne. PA 17043-
Telephone: 717-761-4540
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Certification Number
This is to certify that the information here given
correctly copied from an original Certificate of Dea
duly filed with me as Local Registrar. The origin
certificate will be forwarded to the State Vit
Records Office for permanent filing.
-<'ee for this certificate, $6.00
P 13822764
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ocal Registrar . ate Issued
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COMMONWEALTH OF PENNSYLVANIA.- DEPARTMENT OF HEALTH - VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and example. on reverse)
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105-1~3 REV llr.?006
t'/PE I PRINT IN
PERMANENT
BlACK INK
STATE FILE NUMBER
17c, 0 Ves, Decedenlliv8d in TIOp
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CAUSE OF DEATH (See lnalructlona and namptea)
Itolm 27 PaI1l. ~ Iho ~ - ........, injurnls, or cornpIicatllll\6 ~ IIIaI direclly caused lhelleolh. DO NOT enl," _ e.en15 StJCh as ca"lIac arreS!,
respralory "'esI, IJI venIJictJIar ....1ion wilIlouI showing 1he ellOlogy Lis! only one cause on each ioe
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Due 10 (or as a consequence 01):
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o AcOOent 0 Pending In.oSll!ja1ion
o s..c,,", 0 COUld Not \lil lJelerlJ1lne<1
33a c...1IlJer t<l1ecl< onty onel
ConiIying p/lysiclan IPhy"",.. C8l1rlylng co.... 01 lleaill when ..lDIhef phySIcian has prOlla.Jllc8d dedlh and compIete<I \10m 231
To'" ..... oC Illy........... _ occ.....a dulla the C&lIlI/s) IIld mannor as slated.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0
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. ::::'l~":~:= Illd 1 or investigllion, in my opinion, delth occurred Illhe 1imlI, dale, IIld pto<',1Ild due to IIla call18(s) IIld m"'lIlII' as sIaIacL 0
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LAST WILL AND TESTAMENT
OF
CATHLEEN J. MAY
Introductory Clause. I, CATHLEEN J. MAY, a resident of and domiciled in the Borough
of Shire mans town, County of Cumberland and Commonwealth of Pennsylvania, do hereby
make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and
Codicils at any time heretofore made by me.
I have three living children: John R. May; Robert E. May; and Pauline E. Rife.
ARTICLE I
Direction to Pay Dehts. I direct that all my legally enforceable debts, secured and
unsecured, be paid as soon as practicable after my death.
ARTI(;T,E IT
Direction to Pay All Taxes from Residuary Estate. I direct that all estate, inheritance,
succession, death or similar taxes (except generation-skipping transfer taxes) assessed with
respect to my estate herein disposed ot: or any part thereot: or on any bequest or devise contained
in this my Last Will (which term wherever used herein shall include any Codicil hereto), or on
any insurance upon my life or on any property held jointly by me with another or on any transfer
made by me during my lifetime or on any other property or interests in property included in my
estate for such tax purposes be paid out of my residuary estate and shall not be charged to or
against any recipient, beneficiary, transferee or owner of any such property or interests in
property included in my estate for such tax purposes.
ARTICLE TII
Bequest of Specific Item of Personal Effects. I give and bequeath to Pauline E. Rife, if
she shall survive me, my jewelry.
ARTT(;T,E TV
General Bequest of Personal and Household Effects With a Precatory Memorandum. I
give and bequeath all my personal and household effects of every kind including but not limited
to fumit1ge,.applian((~fWmishings, pictures, silverware, china, glass, books, jewelry, wearing
apparel, vtj~t~~~~-W~~~ and other vehicles, and all policies of fire, burglary, property
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damage, and other insurance on or in connection with the use of this property, to my children
surviving me in approximately equal shares; provided, however) the issue (excluding Jamie K.
May) of a deceased child surviving me shall take per stirpes the share their parent would have
taken had he or she survived me. If my issue do not agree to the division of the property among
themselves, my Executor shall make such division among them, the decision of my Executor to
be in all respects binding upon my issue. I request that my Executor and my issue abide by any
memorandum by me directing the disposition of this property or any part thereof. This request is
precatory and not mandatory. If any beneficiary hereunder is a minor, my Executor may
distribute such minor's share to such minor or for such minor's use to any person with whom
such minor is residing or who has the care or control of such minor without further responsibility
and the receipt of the person to whom it is distributed shall be a complete discharge of my
Executor. The cost of packing and shipping such property shall be charged against my estate as
an expense of administration.
ARTICLE V
Outrigl1t Gift of All Property to Children, Contingent Gift to Intestate Heirs. I give, devise
and bequeath all the rest, residue and remainder of my property of every kind and description
(including lapsed legacies and devises) wherever situate and whether acquired before or after the
execution of this Will, absolutely in fee simple to my surviving children in equal shares,
provided, however, the then living issue (excluding Jamie K. May) ofa deceased child of mine
shall take per stirpes the share their parent would have taken had he or she survived me, or in
default of such issue, then to those persons, then living, who would be my heirs at law (excluding
Jamie K. May), their identities and respective shares to be determined in accordance with the law
in effect in the Commonwealth of Pennsylvania at my death, as if I had died intestate.
ARTICLE VI
Naming the Executor, Executor Succession, Executor's Fees and Other Matters. The
provisions for naming the Executor, Executor succession, Executor's fees and other matters are
set forth below:
(1) Naming an Individual Executor. I hereby nominate, constitute and appoint as
Executor of this my Last Will and Testament John R. May and direct that he shall serve without
bond.
(2) Naming Individual Successor or Substitute Executor. Ifmy individual Executor
should fail to qualify as Executor hereunder, or for any reason should cease to act in such
capacity, the successor or substitute Executor who shall also serve without bond shall be Pauline
E. Rife.
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(3) Fee Schedule for Individual Executor. For its services as Executor, the individual
Executor shall receive reasonable compensation for the services rendered and reimbursement for
reasonable expenses.
ARTICLE VII
Definition of Executor. Whenever the word "Executor" or any modifying or
substituted pronoun therefor is used in this my Will, such words and respective pronouns shall
include both the singular and the plural, the masculine, feminine and neuter gender thereof, and
shall apply equally to the Executor named herein and to any successor or substitute Executor
acting hereunder, and such successor or substitute Executor shall possess all the rights, powers
and duties, authority and responsibility conferred upon the Executor originally named herein
ARTICLE VIII
Powers of Executor. I give to any Executor named in this Will or any Codicil hereto or to
any successor or substitute Executor all of the powers enumerated in this Will and all of the
powers applicable by law to fiduciaries in the Commonwealth of Pennsylvania and in particular
through the Pennsylvania Probate, Estates and Fiduciaries Code, as effective and as in effect on
the date of my death, during the administration and until the completion of the distribution of my
estate. I direct that all such powers shall be construed in the broadest possible manner and shall
be exercisable without court authorization.
(1) Specific Power regarding investments. My Executor is authorized and
empowered to acquire and to retain, either permanently or for such period of time as my
Executor may determine, any assets, including the capital stock of any closely held corporation,
whether such assets are or are not of the character approved or authorized by law for investment
by fiduciaries and whether such assets do or do not represent an overconcentration in one
investment.
(2) Specific Power regarding disclaimers. My Executor is authorized and empowered
to disclaim any interest, in whole or in part, of which I, or my Executor, may be the beneficiary,
devisee, or legatee, by executing an appropriate instrument (in accordance with section 2518 of
the Internal Revenue Code of 1986, as amended, or such similar section as may then be in
effect).
(3) Specific Power regarding sales and leases. My Executor is authorized and
empowered to sell at public or private sale, or exchange, and to encumber or lease, for any period
of time, any real or personal property and to give options to buy or lease any such property.
Additionally, my Executor is authorized and empowered to compromise claims, to borrow from
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anyone (including a fiduciary hereunder) and to pledge property as security therefor, to make
loans to and to buy property from anyone (including a fiduciary or beneficiary hereunder);
provided that any such loans shall be adequately secured and at a fair interest rate.
(4) Specific power regarding fiduciary accounting practices. My Executor is
authorized and empowered to allocate property, charges on property, receipts and income among
and between principal or income, or partly to each, without regard to any law defining principal
and income.
ARTICLE IX
Provision for Executor to Act as Trustee for Beneficiary 1 Jnder Age Twenty-One. If any
share or property hereunder becomes distributable to a beneficiary who has not attained the age
of Twenty-one (21) years or if any real property shall be devised to a person who has not attained
the age of Twenty-one (21) years at the date of my death, then such share or property shall
immediately vest in the beneficiary, but notwithstanding the provisions herein, my Executor
acting as Trustee shall retain possession of the share or property in trust for the beneficiary until
the beneficiary attains the age of Twenty-one (21), using so much of the net income and principal
of the share or property as my Executor deems necessary to provide for the medical care,
education, support and maintenance in reasonable comfort of the beneficiary, taking into
consideration to the extent my Executor deems advisable any other income or resources of the
beneficiary or his or her parents known to my Executor. Any income not so paid or applied shall
be accumulated and added to principal. The beneficiary's share or property shall be paid over,
distributed and conveyed to the beneficiary upon attaining age Twenty-one (21), or ifhe or she
shall sooner die, to his or her executors or administrators. Whenever my Executor determines it
appropriate to pay any money for the benefit of a beneficiary for whom a trust is created
hereunder, then the amounts shall be paid out by my Executor in such of the following ways as
my Executor deems best: (1) directly to the beneficiary; (2) to the legally appointed guardian of
the beneficiary; (3) to some relative or friend for the care, support and education of the
beneficiary; (4) by my Executor using such amounts directly for the beneficiary's care, support
and education; (5) to a custodian for the beneficiary under the Uniform Gifts or Transfers to
Minors Act. My Executor as trustee shall have with respect to each share or property so retained
all the powers and discretions conferred upon it as Executor.
ARTICLE X
Definition of Children. For purposes of this Will, "children" means the lawful blood
descendants in the first degree of the parent designated; and "issue" and "descendants" mean the
lawful blood descendants in any degree of the ancestor designated; provided, however, that if a
person has been adopted, that person shall be considered a child of such adopting parent and such
adopted child and his or her issue shall be considered as issue of the adopting parent or parents
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and of anyone who is by blood or adoption an ancestor of the adopting parent or either of the
adopting parents. The terms "child," "children," "issue," "descendant" and "descendants" or
those terms preceded by the terms "living" or "then living" shall include the lawful blood
descendant in the first degree of the parent designated even though such descendant is born after
the death of such parent.
The term "per stirpes" as used herein has the identical meaning as the term "taking by
representation" as defined in the Pennsylvania Probate, Estates and Fiduciaries Code.
ARTICLE XI
Statement by Testatrix of Intent Not to Exercise Power of Appointment. I hereby refrain
from exercising any power of appointment that I may have at the time of my death.
ARTICLE XII
Simultaneous Death Provision Presuming Beneficial}' Predeceases Testatrix. If any
beneficiary and I should die under such circumstances as would make it doubtful whether the
beneficiary or I died first, then it shall be conclusively presumed for the purposes of this Will that
the beneficiary predeceased me.
Testimonium Clause. IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my seal this ~ day of October, 1998.
CA~Y~ .k(
(SEAL)
Attestation Clause. The foregoing Will was this Ie. fj day of October, 1998, signed,
sealed, published and declared by the Testatrix as and for her Last Will and Testament in our
presence, and we, at her request and in her presence, and in the presence of each other, have
hereunto subscribed our es as witnesses on the above date.
of 415 Fa110wfield Road, Camp Hill, PA 17011
W.. ~-:.- of 415 Fa11owfie1d Road, Camp Hill, PA 17011
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PROOF OF WILL
COMMONWEALTH OF
PENNSYLVANIA
)
) Self-Proving Affidavit
)
COUNTY OF CUMBERLAND
We, CATHLEEN J. MAY, and Wayne M. Pecht ,
Shawn W. Weis and Bridget M. Whitley the Testatrix
,
and the witnesses, respectively, whose names are signed to the attached or foregoing instrument,
being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed
and executed the instrument as her Last Will and that she had signed willingly (or willingly
directed another to sign for her), and that she executed it as her free and voluntary act for the
purposes therein expressed, and that each of the witnesses, in the presence and hearing of the
Testatrix, and in the presence of each other, signed the Will as witness and to the best of our
knowledge the Testatrix was at that time eighteen years of age or older, of sound mind, and
under no constraint or undue influence.
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Subscribed, sworn to, and acknowledged before me by CATHLEEN J. MAY, the Testatrix and
subscribed and sworn to before me by Wayne M. Pecht
Shawn W. Weis and Bridget M. Whitley
witnesses, this \ ~.A.h day of October, 1998.
NOTARIAL SEAL
PATRICIA O. OlYMNIK, NotIIy Public
Hampden Twp., Cumberfand County, PA
My Commission Expires August 27. 2001
. V.
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