Loading...
HomeMy WebLinkAbout09-25-07 Estate of also known as PETITION FOR PROBATE & GRANT OF LETTERS No. 21-07- 81~ To: Register of Wills for the County of Cumberland Commonwealth of Pennsylvania James W. Shelton . deceased. Social Security No. 176-32-5059 The Petition of the undersigned respectfully represents that: Your Petitioners, who is 18 years of age or older and the Executor named in the Last Will of the above decedent dated Auqust 3, 2006 , and codicils dated none The Executor named none died . Renunciations for none attached hereto. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence at 24 Parsonaqe Street, Newville Borouqh Decedent, then -II- years of age, died Hospital September 19 ,2007, at Harrisburq Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the Will offered for probate; was not the victim of a killing and was never adjudicated incompetent: 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 PA (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania, situated as follows: $120,000.00 $ $ $ WHEREFORE, Petitioners respectfully requests the probate of the Last Will and Codicil(s) presented herewith an the ant of letters testamentary thereon. \,.$ignature(s) and esid ce(s) of Petitioner(s): >. I,~ A.," 642 Lancaster Street. FredericksburQ, VA 22405 (540) 907-2973 C" c;o :<"~.~ '" c- "", " OATH OF PERSONAL REPRESENTATIVE c~ . COMMONWEALTH OF PENNSYLVANIA C.J ss C.) \,() 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) nd toat as personal representative of the above decedent, petitioner(s) will well and truly adminis~.t~e estate ord 9 to law. Sworn to or affirmed and subscribed -I ~ before me this 1-0"-0 day of September ,2007. ~.' .lQLuLr"2) Q~--d U~rt'r\ \ RegIster .1-- - \.l '- \ No. 21-07- Estate of JAMES W. SHELTON, deceased. DECREE OF PROBATE & GRANT OF LETTERS AND NOW, September ZS , 2007, in consideration of the Petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated Auqust 3. 2006 described therein be admitted to probate and filed of record as the Last Will of James W. Shelton ; and Letters Testamentary are hereby granted to James W. Shelton Jr. FEES Probate, Letters, Etc. . . . . . . . $'260.00 Short Certificates(-3- ) . . . . $,12.00 Renunciation(s) .. . . . . . . . . . $ JCP . . . . . . . . . . . . . . . . . . . . $ 10.00 Automation Fee. . . . . . . . . . . $ 5.00 Other Will . . . . $ 15.00 TOTAL: .... $ 302.00 Filed. 9.-. z..s.-. O~ . . . . . . . . . . . . . . . LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING' It 's illegal to duplicClte this copy by photostat or photograph p 13745810 .,:I'/i..I...'....',f...,..; ,"">:.:\\\ in D"" I \' iil~>t ~ -' : -.' t'~1':~~~:;__ /~" - ''.,k",-- ~,~ ~~(L: "- ,:~ "~'''' ~> ,,'1'1, 1'1 >I 's:3~" :zi I<u">ld, \ II !,q 'I \~~ ~. ~~~ "- C'" t\~ \ ~~'-!.~~~fFN1 \i\~~"/\~!'1. ~~~~a.(>> ,JER ,,,,,,.,,,,,,,'1:/ 1.I"tI RC'~:i"""'--cs.-- ill\' 1\: I. 1.\11 '\_''11\ 1,\ "iii.' ! ! ~ ~ \ t I \ ilL d Ili'll,,' 2 1" 2007 (') ( " I I' r" , c." 1 .:. (:::i ,\ Hl05.143 REV 1112006 TYPE I PAINT IN PERMANENT BLACK INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) STATE FILE NUMBER Bd. Facility Nama {II nol ir\Slitution.gi....eslreeland number) eelurton, Ky npatienl 0 ER! Outpatient 0 DOA 0 Nursing Home D Residence DOther - Specify: g, Was Decedent of HisparJic OrigirJ? XX No 0 Yes 10. Race: Americarllndlan, Black, lNhile, etc. (I/yes, soecifyCuban. (Specify) Mexican, Puerto Rican, etc.) W hit e 1. Name oj Decedenl (First. middle, lasl,suffix) James W. Shelton d. 77 v" 8b. Counly of Death ept 25 1929 5. Age (last Birthday) 6. Date 01 Birth (Momh, day. year) Dauphin Harrisburg Hasp. . 16 Decedenfs Mailing Address (Street, city / town. stale, zip code) 24 Parsonage St. wvi . 18. Father's Name (First, middle. last. SUff~ AME SM. 17b. County Pa Cumb Did Decedenl Live in a Township? ; 7c. 0 Yes, Decedent Lived in 17d.O NO,Decadentlivedwithin AClualUmits0' Twp CMn'R"'W'Ret. Kind 01 Business I Industry U.S. Navy 12. Was Decadent ever in the u.s. Armed Forces? [Xyes DNa DecedenYs Actual Residence 17a. State 13. Dscedent's Education (Specify only highest grade completed} Elememary I Secondary (O-;2} College (1.4 or 5+) 2 14. Marital Status: Married, Never Married. Widowed, Divorced (Specify) married Newville City/8aro SHELTON ;9. Mother's Name (First, mldd~, maiden sumame) Leora E. Weber 20a.lrltormant's Name (Type/Print) Ruth H. Shelton 2Ob.ln/armanl'sMailingAddress(Streel,cityltowrI,state, Zip code) 24 Parsona e St. Newville, o ~ " ~ < 'I ig Spring Presby. 21d Locatioll (City I towll,state, ztpcode) 21 a. Method ot Disposition 21c. Place of Disposition (Name ot cemetery. crematory or other place) pa 172-'-1\ . ~ Funeral Home Ine fi dtJ 1 26. Was Case Re/erred to Medical Examiner I Coroner for a Reasoo Other than Cremalion or Donation? Dv" ~NO Approximate interval Part II: EnterolhersianificantcondijiOflscorllliDutillalodealh, Onset to Death but not resullil19 in the underlying cause givell in Part I SeqlJenjial~listcondllions, It any ~~~;~~o U:DC:~~~I~b~~~~e a (disease or inJury that initiated the e~ents resulllng In death) LAST. /).r~ ~tJ('if-'l C-/ L.. "/ ? 20 '1/: 2B. Did Tobacco Use Contribute 10 Dealh? DYes DProbably o No 0 UllkllOWIl 29. If Female o Nal pregnant wi\hin past year o Pregnant at time of death o Not pregnant, bul pregllant within 42 days ofdeeth o Notpregnafll,butpregnant43daysto1year beloredeath o Unknown II pregnant within the past year 32c. PI~ of Injury: Home, Farm, Street, Factory, OfllceBUlldlng, ale. (SpBClfy) ~~Ttg'~ie;Sttn~~~ d~~\ dise~ z W D o o :0 ~ < z I 6l. I f I;:). I I I 0 I 32d. Timeotllljury 32g. Localion ot IlljUI)' (Streel, dty I tOWrl, slate) 3Oa. Was an Autopsy Perlormed? 3Ob. Were Autopsy Findings Available PnortoCompletion of Cause of Death? DYes :Ki No DYes DNo 31. Mannero/Death D Natural 0 Homicide o Accident OPendinglnvasllgaliOfl o Suicide 0 Could Not be Delermined 311. Cerliiier (check only one) Certifying physician (physician certifying cause of dealh when allolher phYSICian has pronounced dealh and compleled Ilam 23) To the best of my knowledge, death occurred due to the CIlUse(S) and manner as slaled_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0 ;~~:~Ilec~~;t~~ ~~~:r~:tJ:~~~a~c~;:r:~~ l:htl~~~~:nagn~e;lt:C~~~~~~f:ioj~h~~:~(~)~~~ manner as stated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0 ~~~ealb;~~Sm~~:~;~~::~ and I or investigallon, ill my opillion, death occurred at the time, date, and place, and due to the cause(s) an'; manner as slated_ D DiSposition Permit No LAST WILL AND TEST AMENT OF JAMES W. SHELTON . 2 I, JAMES W. SHELTON, a resident of the Commonwealth of PennsylVania, make, publish and declare this to be my Last Will and Testament, revoking all wills and codicils as any~time heretofore made by me. I am retired from the military service of the United States. -'~' . FIRST: I direct that the expenses of my last illness and funeral, the expenses otthe administration of my estate, and all estate, inheritance and similar taxes payable with respect to prop~rty included in my estate, whether or not passing under this will, and any interest or penalties thereon,_Shall be paid out of my residuary estate, without apportionment and with no right of reimbursement from=any recipient of any such property (including reimbursement under Section 2207B of the Internal Revenue Code). SECOND: I give all real estate owned by me at the time of my death, and all rights that I have under any related insurance policies, to my wife RUTH H. SHELTON, if she survives me. THIRD: If my wife does not survive me, I give the sum of Ten Thousand Dollars ($10,000.00) to the BIG SPRINGS PRESBYTERIAN CHURCH, Newville, Pennsylvania. FOURTH: If my wife does not survive me, I give the sum of Ten Thousand Dollars ($10,000.00) to the JOHN GRAHAM LIDRARY, Newville, Pennsylvania. FIFTH: I give all the rest, residue and remainder of my property and estate, both real and personal, of whatever kind and wherever located, that I own or to which I shall be in any manner entitled at the time of my death (collectively referred to as my "residuary estate"), as follows: (a) If my wife RUTH H. SHELTON survives me, to my wife outright. (b) If my wife does not survive me, then to my son my son JAMES W. SHELTON, Jf. if he survives me, or if he does not survive me to any then living issue of my son, W stirpes. (c) If my wife does not survive me and there shall be no issue of mine then living, my residuary estate shall be paid and distributed to the BIG SPRINGS PRESBYTERIAN CHURCH, Newville, Pennsylvania. SIXTH: If any property of my estate vests in absolute ownership in a minor or incompetent, my Executor, at any time and without court authorization, may: distribute the whole or any part of such property to the beneficiary; or use the whole or any part for the health, education, maintenance and support of the beneficiary; or distribute the whole or any part to a guardian, committee or other legal representative of the beneficiary, or to a custodian for the beneficiary under any gifts to minors or transfers to minors act, or to the person or persons with whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed by the person to whom the distribution ~U/~ is made shall be a full discharge of my Executor from any liability with respect thereto, even though my Executor may be such person. If such beneficiary is a minor, my Executor may defer the distribution of the whole or any part of such property until the beneficiary attains the age of eighteen (18) years, and may hold the same as a separate fund for the beneficiary with all of the powers described in Article EIGHTH hereof. If the beneficiary dies before attaining said age, any balance shall be paid and distributed to the estate of the beneficiary. SEVENTH: I appoint my son JAMES W. SHELTON, Jr. to be my Executor. I direct that no Executor shall be required to file or furnish any bond, surety or other security in any jurisdiction. EIGHTH: I grant to my Executor all powers conferred on executors under the Pennsylvania Probate, Estates and Fiduciaries Code, as amended, or any successor thereto, and all powers conferred upon executors wherever my Executor may act. I also grant to my Executor power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and otherwise deal with any kind of property, real or personal, for cash or on credit; to borrow money and encumber or pledge any property to secure loans; to pay any legacy or distribute, divide or partition property in cash or in kind, or partly in kind, and to allocate different kinds of property, disproportionate amounts of property and undivided interests in property among any parts, funds or shares, and to detenrune the fair valuation of the property so allocated, with or without regard to tax basis; to detenrune what property shall receive basis increases pursuant to Section 1022(b) and (c) of the Internal Revenue Code and the amount of such increases and to make such determinations without regard to any duty of impartiality as between different beneficiaries; to exercise all powers of an absolute owner of property; to compromise and release claims with or without consideration; and to employ attorneys, accountants and other persons for services or advice. The term "Executor" wherever used herein shall mean the executors, executor, executrix or administrator in office from time to time. NINTH: I direct that for purposes of this will a beneficiary shall be deemed to predecease me unless such beneficiary survives me by more than thirty days. TENTH: I have served in the Armed Forces of the United States. I therefore request that my Executor make appropriate inquiries to ascertain whether there are any benefits to which I, my dependents or my heirs may be entitled by virtue of any military affiliation. I specifically request that my Executor consult with a retired affairs officer at the nearest military installation, the Department of Veterans Affairs, and the Social Security Administration. This document was prepared under the authority of 10 U.S.c. S 1044 and implementing military regulations and instructions, by Captain Joseph Krill, United States Army, who is licensed to practice law in the State of Pennsylvania. IN WITNESS WHEREm', I, JAMES W~LT{),1~";1 name and publish and declare this instrument as my last will and testament this r day of , 2006. ~~tvJJ~ V JAMES W. SHELTON The foregoing instrument was signed, published and declared by JAMES W. SHELTON, the above-named Testator, to be his last will and testament in our presence, all being present at the same 2 time, and we, at his request and in his presence and in the presence of each other, have subscribed our names as witnesses on the date above written. -&~ ~ldZ having an address at ~{l~ fJ7- I . ~c.~ 70/3 having an address at ~~~lJ 17tJ.JJ- 3 ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND, ss. We, the Testator and the witnesses, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator, JAMES W. SHELTON, signed and executed said instrument as his last will and testament in the presence and hearing of the witnesses, and that he had signed willingly, and that he executed it as his free and voluntary act and deed for the purposes therein expressed, and that each of the witnesses at the request of the Testator, in the presence and hearing of the Testator and each other, signed the will as witness, and that to the best of his or her knowledge the Testator was at the time at least eighteen years of age or emancipated, of sound mind and under no constraint, duress, fraud or undue influence. ~ tJJ?/d{,--J ~- Y JAMES W. SHELTON Testator ~ ~ .~Y:-- print: ES";c~ ~ lC<: k;sa ~ print: ~P.r~ /I~ cJ~ Z Witness Subscribed, sworn to and acknowledged before me by the said JAMES W. S~TON, Trr:;:':1 subscribed and sworn to before me by the above-named witnesses, tbis ~ day of ,2006. ~ck . tJ~ Nary Public My commission expires on ~. I{ ;LiJo9 COMMONWEALTh OF PENNSYLVANIA I Notarial Seal i Batty S. KisUer, Notary Public I ! Carlisle Bora, Cumberland County j I My Commission Expires May 14, 2009 Member. Pennsylvania Association of Notaries