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HomeMy WebLinkAbout11-08-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY, PENNSYL VANIA Estate of Elmer S. Brewbaker also known as File Number oZl- Dl- 10lO , Deceased Social Security Number 172-24-9462 Petitioner(s), who islare 18 years of age or older, apply(ies) for: (COMPLETE ~ ' or 'B' BELOW:) IZJ Executor narned in the l:.er 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 .~..) (Ifapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante ~~ritate) (" -) --_l I "_.,_ Petitioner(s) after a proper search has 1 have ascertained that Decedent left no Will and was survived by the following spouse (irady) andfieirs: (If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) I \,.,-,,, . . I Name Relationshio Residence .---:- - 1 _. -::; ...........- .. .-."'~ -. (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent was domiciled at death in Cumberland 50 Bi S rin Ave Newville P A 17241 (List street address, town/city, township, county, state, zip code) County, Pennsylvania with his 1 her last principal residence at Decedent, then 84 years of age, died on 515/2005 at 50 Big Spring Ave, Newville, P A 17241 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (lfnot domiciled in PA) Personal property in Pennsylvania (lfnot domiciled in PA) Personal property in County Value ofreal estate in Pennsylvania 2-400.00 $ $ $ $ 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: T d or rinted name and residence Nolan E Brewbaker 7 Maple Ave, Walnut Bottom, PA 17266 FormRW-02 rev. 10.13.06 Page 1 of2 Oath of Personal Representative COMMONWEAL TH OF PENNSYLVANIA 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 beliefofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn t~ or a11irmed and subscribed before'me tile ': ~ day of Signature of Personal Representative 'I- Ji/Z-6~ ~ .~~I Signature of Personal Representative . ~~"f"k) 1St.~.~t.:, ~ &...... o{p,_., R<F"'""'~ ;--.1 C) , , '.----' File Number: {21- 0\ - \DLO C.,) Estate of Elmer S. Brewbaker , Deceased Social Security Number: 172-24-9462 Date of Death: 5/5/2005 f"__"" AND NOW, ~~ ~ , J..OO'l , in consideration of the foregoing Petition, sati~ctory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Nolan E Brewbaker in \tlie'above estate and that the instrument(s) dated October 2,1981 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s) .....:.' .~. ,..... "" " FEES Letters ............... $ 3J . OCJ Short Certificate(s) . . . . . . . . $ LJ .00 Renunciation(s) .......... $ la, 00 ~J.j ... $ l~ -00 ~ '" $ I(). ()Q Cl._ iliON.. $ 5.cfU .. . $ ... $ .. . $ ... $ ...$ .. . $ TOTAL ............. . $ , l1. o~ ~ Attorney Signature: Attorney Name: Y Supreme Court I.D. No.: '& 3/100 Address: 104 S Hun over st CUv h s le. 'PA 11013 Telephone: II, - 2- L} 3 - 74- 37 FormRW-02 rev, 10.13.06 Page 2 of2 H105.905MS REV.(Ol/03) This is to certifY that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953. WARNING: It is illegal to duplicate this copy by photostat or photograph. No. ~II~ Charles Hardester State Registrar 0621841 MAY 23 200S Date (.) HiQS. 143 Rev. 2187 COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH c; TYPE/PRINT IN PERMANENT BLACK INK ~\ STATE FILE NUMBER I. COUNTY OF DEATH 84 Yrs. BIRTHPlACE (City and State or FOreign CCU'ltry) 1fraklin Co lb. Cumberland DECEDENTS USUAL OCCUPA nON (Of~ng~~UHr~r:r . 111. Ma i n tance llaFeed M' 11 DECEDENT'S MAILING ADDRESS (Street, CilylTown. Stat.. Z'" Code) DECEDENT'S ACTUAL RESIDENCE (See instructions on other side) MARITAL STATUS - Married. N~:':~S=ed, M ~~:~f)ll 0 RACE. American tndian. Black, \I\t1ite, at (Specify) white SURVIVING SPOUSE Ofwlfe.givemeldennlme) 178. State Did decedent Iivelne township? i7e. 0 Yes. decedent fived in twp 17b. County f" 11 m 'h citylboro 28. , Approximate : interval bttwee : onset end death He oF): t.. \J Sequentially li,t conditions { b. tf any, leading to Immediate caUle. Enter UNDERLYING CAUSE (D1seas8 or iriury c. that Initiated events resulting on death) LAST d. WAS AN AUTOPSY WERE AUTOPSY FINDINGS PERFORMED? AVAILABLE PRIOR TO COMPLETION OF CAUSE OF DEATH? DU (0 A C NSEau NC OF); 0j DUE TO (OR AS A CONSEQUENCE OF,; MANNER OF DEATH No Ii1:J Natural Accident Suicide .eJ> o o DATE OF INJURY (Monti. Day. Yeer) TIME OF INJURY INJURY AT v.JORK? DESCRIBE HOW INJURY OCCURRED. '"' - -- LD YesO NOW Ye.O Homicide Pending Investigation Could not be determined o o Ye.O NOD O 300. 3Ob. M. 3Oc. PLACE OF INJURY - At home. 'ann. sveel, factory, office tQIdIng.etc.(S~M 308. 34. 21.. 28b. CERTIFIER (Check only one) ~f~~~'ir':tGJ~~\!~~~~5~~:a. cg~~u,:g 8:~~=(:r~3~~~~~h~.'d'~~~~.~.~~~~.~.~~~~~~.~.i~~~.~~). 21. I- Z W o w U w o u.. o w :l! < z .P.rOO~~=I~Gm~~~;~:J:r.~::J:~~:f= ~~:I~ne~~~~~~~,d.e':d~r:t:~Z~~u~~i:': ::~~er I. ltated, "MEDICAL EXAMINERlCORONER On the bul. of examlnltton Indlor Investigation, In my opinIon, death occurred at the tlm., date, and place, and due to the cau.el(l' and manner.. sblted. ....... ....................... ...... .......... ..................... ............................. 31a. REGISTRAR'S SIGNATURE AND NUMBER 1~1l 1;).11 101 RENUNCIATION Cumberland REGISTER OF WILLS COUNTY, PENNSYL VANIA Estate of Elmer S. Brewbaker () - 'J I ,. ,..... , peceased C') Co-Executor I, Norman Elmer Shughart (Prim Name) , in my cap~~ty/relatlqnship as 1 .. of the above Decedent, hereby:r~nounce t~ right to administer the Estate of the Decedent and respectfully request that Letters be issued to Nolan Ezra Brewbaker I () ,:') f'- C' 7 (Date) nf:~ (Signature) 551 Middle Road (Street Address) Newville, PA 17241 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purposes stated within on this day of Deputy for Register of Wills Notary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission) FormRW-06 rev. 10.13.06 RENUNCIATION Cumberland REGISTER OF WILLS COUNTY, PENNSYL V ANI~ : ,~) Cd -_1 C,) Estate of Elmer S. Brewbaker , , --, , Deceased ,.."J Co-Executor I, Judy Davis formerly Judy Mae Shughart (Print Name) C) , in my capacity/relationship as of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Nolan Ezra Brewbaker (Date) l (')~ 01- ~ ~ature) ~ ~ 19325 Erin Tree Court (Street Address) Gaithersburg, MD 20879 (City. State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renuncia~n for the purpo,ses stated within on this _2~.__ day of NHe.mh(!J'L- . ;"007 . . ~~ Nota ublic My Commission Expires: April t./, 200cr Deputy for Register of Wills (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) tl>TARIALSEAL .lOO1( S. SMITH, M>TARY flUBUC CIIisk:. !3oro. QJnbeItent' ~ lilt CclrrmsaIon &pns April" 2008 Form RW-06 rev. 10.13.06 " .. LAST WILL AND TESTAMENT OF ELMER S. BREWBAKER I, ELMER S. BREWBAKER, of the Borough of Newville, Cumberland County, Pennsylvania, declare this instrument to be my Last Will and Testament, in manner and form following: 1. I hereby expressly revoke all Wills and Codicils heretofore made by me. 2. I hereby direct my Executrix to pay all my just debts, funeral and administrative expenses out of my estate, as soon as practicable after my death. 3. Should my wife, Elizabeth K. Brewbaker, survive me for a period of thirty days following my death, I devise and bequeath the remainder of my estate to Elizabeth K. Brewbaker. 4. Should my wife, Elizabeth K. Brewbaker, predecease me or die on or before the thirtieth day following my death, I devise and bequeath the remainder of my estate as follows: A. I give and bequeath the sum of One Dollar ($1.00) to my daughter, Linda Darlene Brewbaker, absolutely. B. I devise and bequeath the remainder of my estate to my son, Nolan Ezra Brewbaker, and to my stepchildren, Norman Elmer Shughart and Judy ~1ae Shughart, in equal shares, share and share alike; and to the issue, per stirpes, of any child or stepchild who shall predecease me. 5. I nominate and appoint Farmers Trust Company, Carlisle, Pennsylvania, Trustee of the share of any beneficiary who may be a minor. The income and/or principal of said trust may be accumulated or expended for the maintenance, education and support of such beneficiary as my Trustee in its sole discretion may determine; and my Trustee, in the expenditure ~~ incocl~ and/ -- ,."-.... "~--.J or principal for such purposes, may, at its discret~6hJ" apply the I same directly without the intervention of a guardian of pay the same to any person having the care or control of said bene_ficiary or with whom the beneficiary resides, without duty 0n the.part of c:. the Trustee to supervise or inquire into the application of the ( , funds by any person to whom any payment is so made. The balance - 1 - " of such income and/or principal shall be paid to such beneficiary upon reaching majority, or to such beneficiary's estate in the event of death prior thereto. 6. I nominate and appoint my wife, Elizabeth K. Brewbaker, as Executrix of this my Last Will and Testament; and as substitute Executors I nominate and appoint my son, Nolan Ezra Brewbaker, and my stepchildren, Norman Elmer Shughart and Judy Mae Shughart. 7. I direct that my personal representative and Trustee, as well as their successors, shall not be required to file bond or security in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 2 V\..AI\ day of October, 1981. WITNESS: 14?;:# ~ A~~~y--- Elmer S. Brewbaker (SEAL) ~fl,", 1t111~ ~\J~ COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, Elmer S. Brewbaker, Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will, that I signed it will- ingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to and acknowledged before me, by Elmer S. Brewbaker, Testator, this 1.-,~ day of October, 1981. ,d'Lk " ~ " '/' ') I~Z~ 'l?.d/.~/ Testator ... ~r:w."V(. \\~ , 1\ ~'''rr- r- 1-''''''' .' r~ "-, '.~' I ""<T71.J?R, NOTARY PUBLIC ! ' 1 -r- ~~1''',''''1 ("n(l:ty Carlisle, PA len Expires January 27, 1983 - 2 - II C01~10NWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND We, Roger M. Morgenthal and Tom H. Bietsch, the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we I were present and saw Testator, Elmer S. Brewbaker, sign and I execute the instrument as his Last Will; that he signed will- . ingly and that he executed it as his free and voluntary act for the purposes therein expressed; that both of us in the hearing and sight of the Testator signed the will as witnesses, and that to the best of our knowledge the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed to and subscribed to before me by Roger M. Morgenthal and Tom H. Bietsch, witnesses, this ~ day of () ~ ,1981. ~ (2~ Yh~ '. Tfl( t~s ~IJ~ Witness ~~ '-t. ~~~ JA~'ICF E. Pl=OT7LFR, 'NOTARY PI In, 'C- t"", ,l"\....h..,,~.(""- -I r....,.nty Carlisle, p' N\.y Commission Expires January 27, 1983 - 3 -