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Home My WebLink About10-03-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Estate of Luther M Whitcomb also known as CUMBERLAND COUNTY, PENNSYLVANIA File Number 21 D'1 09.00 , Deceased Social Security Number 182.36-3213 Thomas L. Whitcomb and Mary Luise Freeman Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE ~' or 'B' BELOW:) 00 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the last Will of the Decedent dated 06/15/2006 and codicil(s) dated Executors 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: o B. Grant of Letters of Administration (If appltcable, enter: c.I.a.; d.b.n.c.t.a.: pedente lite: durante absentIa; durante mmontate) 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.I.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Name Relationship Residence (j o co (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal residence at Thornwald Nursing Home, Carlisle, PA 17013 (List street address, town/city, township, county, state, zip code) Decedent, then 95 years of age, died on 09/26/2007 at Carlisle, PA Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property (If not domiciled in PAl Personal property in Pennsylvania (If not domiciled in PAl Personal property in County Value of real estate in Pennsylvania situated as follows: 616 Mooreland Avenue Carlisle, PA 17013 1,000.00 $ $ $ $ 149,000.00 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: Signature Typed or printed name and residence Thomas L. Whitcomb 616 Mooreland Avenue Carlisle, PA 17013 Mary Luise Freeman 901 North Main Street Byers, TX 76357 Form R -02 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland Oath of Personal Representative } SS } 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 this day of @_5jl1:::=~"i , ttJ~ Thomas L. Whitcomb ~ ....... Mary Luise Freeman Signature of Personal Representative File Number: 21 D l oq()() Social Security Number: Estate of Luther M Whitcomb Date of Death: 09/26/2007 , Deceased AND NOW, &~b" 3 182-36-3213 , aotSl , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Thomas L. Whitcomb and Mary Luise Freeman and that the instrument(s) dated 06/15/2006 described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent. iJR:~he above estate CS . ---' o ~~ ~\.DO 8 I FEES Letters................. .I~b. trJ:5:)........ $ Short Certificate(s)........................ $ Renunciation (s)............................. $ ~\\, ~lQ \\A~ TOTAL.................................... $ Form RW-D2 Rev. 10-13-2006 .~ Attorney Signature: $ $ $ $ $ $ $ $ $ \0 10 5' Attorney Name: Dale F Shu Supreme Court I.D. No.: 19373 Address: lOWest High Street Carlisle, P A 17013 Telephone: 717/241-4311 ~).. Copyright (c) 2006 form software only The Lackner Group. Inc. Page 2 of 2 H\05.~05 REV 101/071 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 13745863 Certification Number This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. ~. ~~~~EY 2 7/2007 Local Registrar Date Issued () CO '~~ .., .--\ -1 , ~{~: t.B. :.J) ~>"' f-') c;;:> c;:::> -oJ o ("; -- \ (..) C) )Q .,.~ -0 <::) CO Hl05-143 REV 1112006 TYPE 1 PRINT IN PERMANENT BLACK INK COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examplea on reverse) STATE FILE NUMBER ~\o Cf\tO 1. Namo"_I""'.-'.""',_\ Luther M. Whitcomb \ ~ 5. Ago (""'_1 95 v~. 81>. Coooty " Oaa" Cumberland &d. FacIfty Namo III nol_, gOo _roet aM r<lI!1bar) '.thobawai:dEil Home 6. 0aIa".... _, June 11, 1912 11.0ececIInt'1UtuII tion KindofWOl1ldone most 01 ....DoROtstate Physic~:n~ M~t~/~tor . ,..D~"'nt"-~t!~'nn'''m'&e '~~aWWlnatcBht!om Road Carlisle PA 17013 18. FIllhe(.Namo(firsl._.Iul._1 Murray R. Whitcomb 12..Wu 0ecedInI8YtI' in the u.s. AImed Forces? [)Yos DNa _. AduaI Residence 17a State 17b. Coooty Cumberland 19. Molher's Name (First.r:nidde, mald8n BU/'fl8ITll!l} 2Otl. _. Name (Typa I_I .. 0aIa " Oaa" I"""". dIy. ,..., Sept. 26 , 2007 OOlhe" SpociIy: 10. Raca:.\meri,an Indlon, _ _. elc. ISpoc;f)! Whi te 17c.D Yes,o.:edeAfUvedin 17d.[jNo,_l>Iod_ Carlisle _UmIlo" Emma Jane Jackson Top. Clly/Bo<o Tom Whitcomb 2Ob6~~~~r~'e.."t:r1':l.sle, PA 17013 21~~1ft!'f'!:'l"'H_ & 21d.LocabIClly/_,_.""_1 n.----crematory Carlisle, PA 17013 ~ ~ M. CAUSE OF DOom (See In8trucItone and exltfftplee) 1tern27. 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Locab" InjuIy 1_, cfy 1_._1 LAST WILL AND TESTAMENT OF LUTHER M. WHITCOMB I, Luther M. Whitcomb, of the Borough of Carlisle, Cumberland County, Pennsylvania, declare this to be my Last Will and Testament and revoke all Wills and Codicils previously made by me. ITEM I: I direct that my legally enforceable debts and funeral expenses, together with the expenses of the administration of my estate shall be paid from my residuary estate as soon as practicable after my decease, as a part of the expense of the administration of my estate. ITEM II: I devise unto my son, Thomas L. Whitcomb, and my daughter-in-law, Sandra L. Whitcomb, my real property located~t () -' 616 Mooreland Avenue, the Borough of Carlisle, Cumberl~ Cou~y, Pennsylvania, provided they, or either of them, shall s~~~ve ~~ by thirty (30) days. The value of this devise for distribtitio~' -. ,~'-,. ---", -.., purposes shall be determined by an appraisal of the fair,!t1R'f-ket:.': - value on my date of death prepared by a qualified real es~te .. _:J 0 appraiser who shall be selected by my Executors' attorney. co Should my son, Thomas L. Whitcomb, and my daughter-in-law, Sandra L. Whitcomb, both fail to survive me by thirty (30) days, this devise shall lapse. ITEM III: I bequeath unto my daughter, Mary Luise Freeman, a sum of money equal to the value for distribution purposes of my real estate bequeathed unto my son, Thomas L. Whitcomb, and my daughter-in-law, Sandra L. Whitcomb, as set forth above in Item II hereof. Provided, however, that should both my said son, Thomas L. Whitcomb, and my daughter-in-law, Sandra L. Whitcomb, fail to survive me by thirty (30) days, this bequest shall lapse. Provided, further, that should my son, Thomas L. Whitcomb, and my daughter-in-law, Sandra L. Whitcomb, or either of them, survive me by thirty (30) days, but should my daughter, Mary Luise Freeman, fail to survive me by thirty (30) days, this bequest ,1.4.1 ff'~ ~ '/1'[, shall be distributed to the issue, per stirpes, of Mary Luise Freeman, living on the thirty-first day following my death. ITEM IV: I devise and bequeath the rest, residue and remainder of my estate of nature and wherever situate, in equal shares, unto my two children, Thomas L. Whitcomb and Mary Luise Freeman, provided, however, that should either of my said children predecease me or die on or before the thirtieth day following my death, his or her share shall be distributed to his or her then living issue, per stirpes, and in default of such then living issue, such share shall be added to the share for my other child, if living, or his or her then living issue, per stirpes, if then deceased. ITEM V: All Federal, State and other death taxes payable because of my death, with respect to the property forming my gross Estate for tax purposes, whether passing under this will or otherwise, including any interest or penalty imposed in connection with such taxes, such be considered a part of the expense of the administration of my Estate and shall be paid out of the principal of my residuary estate without apportionment or right of reimbursement. ITEM VI: I appoint my said son, Thomas L. Whitcomb and my daughter, Mary Luise Freeman, co-Executors of this my last Will and Testaments. ITEM VII: I direct that all fiduciaries acting under this will, or their successors, shall not be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal, this ~ay of June, 2005. ~ 9f1 , ~~/ [SEAL] .. Luther M. WhltcOmb -2- The preceding instrument, consisting of two (2) other typewritten pages, each identified by the signature of the Testator, was on the date thereof, signed, published and declared Luther M. Whitcomb, the Testator therein named, as and for his last Will, in the presence of us, who, at his request, in his presence and in the presence of each other, have subscribed our names as witnesses hereto. J)~Y--w ~~.~ -3- COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND We, Luther M. Whitcomb, Dale F. Shughart, Jr., and Bradley A. Mentzer, the Testator and the witnesses, respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his last Will and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and that to the best of his/her knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ~i~e~ Subscribed, sworn to and acknowledged before me by Luther M. Whitcomb, the Testator, and subscribed and sworn to before me by Dale F. Shughart, Jr. and Bradley A. Mentzer, witnesses, this /~ii day of June, 2005. NOTARIAL SEAl BONNE L COYLE, NOTARY PUBlIC 8ORO OF CARl.ISL.E. CUMBERlAND co .. M'f"()l.'SSlON"-'" . r'A ~OCTOBER 17. 2008 ~JfN~1iC -4-