HomeMy WebLinkAbout01-04-08
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
Estate of Myrtle Eshelman
also known as Myrtle M. Eshelman
CUMBERLAND
COUNTY, PENNSYLVANIA
File Number 21-- 0'6 - t~()q
, Deceased
Social Security Number
197-05-7127
Donald E. Smith and Violet E. Smith
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 05/30/1985 and codicil(s) dated
Co-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 applicable, 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.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
Name
Relationship
Residence
c.
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. _; \ _~_ 'I
Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal rEl~id~ce at
1700 Market Street, Camp Hill, East Pennsboro, Cumberland, PA 17011
(List street address, town/city, township, county, state, zip code)
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at East Pennsboro Township, Cumberland County, PA
Decedent, then 99 years of age, died on 12/10/2007
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: NJA
70,000.00
$
$
$
$
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:
Donald E. Smith
Typed or printed name and residence
2 Red Fox Lane
Mechanicsburg, PA 17050
Signature
Violet E. Smith
2 Red Fox Lane
Mechanicsburg, PA 17050
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
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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.
L\
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siJnature of Persona Representative Donald E. Smith
Sworn to or affirmed and subscribed
before me this
day of
c#~6h~
Signature of Personal Representative Violet E. Smith
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Signature of Personal Representative
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File Number:
21-- O~ - aco9
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Estate of Myrtle Eshelman
, Deceased
Social Security Number:
197-05-7127
Date of Death: 12/10/2007
AND NOW,
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, in consideration of the foregoing Petition, satisfactory proof
CREED that Letters Testamentary
are hereby granted to Donald E. Smith and Violet E. Smith
in the above estate
and that the instrument(s) dated 05/30/1985
described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters............ ....:1.\::109.9......... $
Short Certificate(s)...........:5......... $
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ao
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// tJ 11+
Renunciation(s)............................. $
Attorney Signature:
\..;.::,)\ \ \ $ ''5"
)L~ $ \0
{~\0 $ ~
$
$
$
Attorney Name:
Supreme Court 1.0. No.: 19475
Bogar & Hipp Law Offices
Address: One West Main Street
Shiremanstown, PA 17011
$
$
$
Telephone:
717-737-8761
TOTAL................................... $
ds$'
Form RW-02 Rev" 10-13-2006
Copyright (c) 2006 form software only The Lackner Group. Inc"
Page 2 of 2
H105.805 REV 101/tJ71
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 14124493
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
Re'~AceQ' ;PII7~ I j f I err
Local Registrar Date Issued
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H105.143 REV 11/Z006
TYPE,; PRINT IN
PERMANENT
BLACK INK
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See instructions and examples on reverse)
STATE FilE NUMBER
~\
_ 7127
1 Name 01 Decedenl (Firs!. middle. Ias!, sullix)
Myrtle M. Eshelman
5. Age (La:;! 81t1hday)
99
6 Data 01 Buth (Month, day, year)
December 26,1907
,,,
most 01 wor lile 00 nol slate retired
Kind 01 Business {Industry
. 16ffaO'fthll!\t~'SfN'ety Ilown, slale. z. code)
Camp Hill, PA 17011
17b. County
19. Mottler'g Name (First, midlIe, maiden surname)
18 Falher's Name (Fils!, midlte, last, sulbx)
Raymond Booster Smi th
Sa. Place of Death (Check only one)
Hospital' OIher:
Inpatient 0 ER I Oulpallenl DooA 0 Nur&iflg Home 0 Residence Oather - SpeCIfy
9,~~~=~:~0rigin? jlQ...No DVes 10. Race: AmericankdiKl,BIack,White. ek
.....lean, p"""" Alcon, '~.I (Sped/)! White
14 MariIalStalus:Married,NeverMarried,
W-WI'd~:cr'>>
Twp
Did Decedent
Uveina
Township?
17c.O Yes, Oecedeollivedin
17dXJ ~~=IJiv9dwittWl
Camp Hill
Clljl/&ro
20a. Inloflnant's Name (Type I Print)
Donald E. Smith
Nancy Garman
2a>ln_SMaiongMJress(~"R'a'dTO'X"tan'i! Mechanicsburg, PA 17050
)
21c. Place of Disposition (Name of cemetery, crema1CKy or oIhef place)
Hollinger Creamatory
21d.locallOfl (City flown, s&lsl8, zip code)
Mount Holly Springs, PA 17065
22CNameandAdd'''M'y~ Funeral Home, Inc. 37 East Main Street Mechanicsburg, PA 17055
25. DalellOnc....lced Dead (Month. day, year)
~,c. Ir
CAUSE OF 0 ATH (See Instruction. .00 example.)
lIem 27, Pd,1 tEnter lh.t !<lliiiDJ?1~ - diseases, inJUries. oc complications -that lirec\ly caused !he death. DO NOl eoter terminal e't'ents such as cardiac arres!,
respiratory arrest. or ventliculaf libfillalion without showing the etiology. list only one cavse 00 each Iioe
(~/;/ ~) flll {WL-~ ~(J
Due ~ as a consequence f):
r4At \A,/'-,) lA-L-.<L/
Due to lor as a coosequence 01):
24. TIlll8 of Death
IIams 24-261T\lJSI 00 COOlpleled by person
whopronouflceSdeillh t.
~~e~~S~~~~~dise~
(1 rTl"/J r
Sequenliil~y Ilslcoodllions, it any,
~~:l:~~~~~=a
(disease", .....rytt.al Pnitialedlhe
evenls r~!;u/bflg 10 dei:llhl LAST.
Due to (or as a consequence 01)'
31. Manner 01 Dealh
~Niitural 0 Homicide
o AcCldiml 0 Pendmg In~esligalioo
o Suicide 0 Could Not be Determined
32a Dale of Injury (Month, day, year)
30a WasanAulopsy
Pertcrm.:11?
30b Were Aulopsy Firdngs
A~adable Prior \0 ComplehO/1
01 Cause 01 Oeath?
~Yes~
'32d.TllTIeollrltw'Y
D'''~
M.
33a Cel1iber 'check onj~ one)
Certifying physk:ian (phySICian certifying cause of oo..lh whom anolher ph~siclan has prOOOUflCed dealll and completed Item 23)
fo &he best of my knowledgl, dN&hocc:urred due 10 the CIUse(S)and manner.. slltecL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~
~~=:~~t~ =:=J:n~~::,:i~~ ~~ht=::~~e;:C~~~:~:~Iou:~:~~a: manner 15 stated.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0
:wu:.a1b~::a::~~~:= and' Of investigation, in my opinion, death occW'red allhe lime, dale, aoc:I place, and due to the cause(s)lWlCI manner as staled_ 0
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,.,...rOn...cJ
35 A
.
23b. licersse Number
23c. Date Signed (MonIh, day, yeat)
26. Was Case Relerred 10 Medical Examiner I Coroner lot a Rea$Q{l attler than Cremaboo or 000aIl0n?
Dv" ~
I ApprO~imalfl ifltelVal
: OoselloOealll
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,
,
,
,
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,
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,
Pa" II: Enter other Wlifool coOOtions conl~ 10 deall'l, 28 Did TOOacro Use ConInbult ki Dulh1
but not resulting illlhe underlying COWS8 given in Part I 0 Yes 0 Probabty
o No 0 Unknown
29 II female
o Nolpl'egnafllwlthinpaslyear
o Pregnant at lime of deaU1
o Nolpreglal"ll.butpregnantwlthin42c\.iys
oldealh
o Not pt'egnat1t, but pregnant 43 days 10 I yeill
beIoredealtl
Dlh1knownilpregoantwIDlinlhepaslyear
32c. Place olll1urt: Home, Fann. Slreet, Factory
Oftice _ elc (Sp<<dy!
32g.l0cati0noflnjury{Streel.cilyltown, stlte)
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11In~t Ifill nub ill~~tnnt~ut
OF
MYRTLE ESHEI.MA...1\J
I, MYRTIE ESHElMAN, of Hanpden Township, Cumber land Cotmty, Pennsylvania
make, publish and declare this as and for my Last Will and Testarrent, hereby re-
voking all other Wills and Codicils heretofore made by lIe.
FIRST: I direct the paynent of all my just debts and funeral expenses,
including my grave marker and all expenses of my last illness, shall be paid from
my residuary estate as soon as practical after my decease as a part of the ex-
penses of the administration of my estate.
SECOND: I devise and bequeath all the rest, residue and remainder of my
estate of whatever nature and wherever situate, together with any insurance
policies thereon, unto my son, OONALD E. SMITH.
THIRD: Should my son, Ibnald E. Smith, predecease lIe, I devise and
bequeath all the rest, residue and remainder of my estate of whatever nature and
wherever situate, together with any insurance policies thereon, as follows:
A. One-third (1/3) thereof 1IDto my daughter-in-law, VIOIET E. SMITH.
B. One-third (1/3) thereof unto my grandson, DAVID E. SMITH.
C. One-third (1/3) thereof unto my granddaughter, OONNA J. GROUP.
J
FOURTH: In addition to all powers granted to them by law and by other
provisions of this Will, I give the fiduciaries acting hereunder the following
powers, applicable to all property, exercisable without court approval and effec-
tive until actual distribution of all property:
(A) To sell at public or private sale, or to lease, for any period of
time, any real or personal property and to give options for sales, exchanges or
for such prices and upon such tenns or conditions as are deemed proper.
(B) To partition, subdivide, or improve real estate and to enter into
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agreements concerning the partition, subdivision, irnprovenent, zoning or managemen
of real estate and to impose or extinguish restrictions on real estate.
(C) To compromise any claim or controversy and to abandon any property
which is of little or no value.
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(D) To invest in all fonns of property, including stocks, carmon trust
fLmds and nortgage invest::rrent funds, without restriction to investments authorized
for Pennsylvania fiduciaries, as are deemed proper, without regard to any principl
of diversification, risk or productivity.
(E) To exercise any option, right or privilege granted in insurance
policies or in other investments.
(F) To exercise any election or privilege given by the Federal and
other tax laws, including, but not necessarily being limited to, personal incorre,
gift and estate or inheritance tax laws.
(G) To make distributions to my herein naned beneficiaries in cash or .
kind or partly in each.
FIFTH: I direct that all inheritance, estate, transfer, succession
and death taxes, of any kind 'Whatsoever, which may be payable by reason of my
death, whether or not with respect to property passing tmder this Will, shall be
paid out of the principal of my residuary estate.
SIXIH: All interests heretmder, whether principal or incorre, while
undistributed and in the possession of the fiduciaries acting heretmder, even
though vested or distributable, shall not be subject to attachment, execution or
sequestration for any debt, contract, obligation or liability of any beneficiary,
and furthenrnre, shall not be subject to pledge, assigrnrent, conveyance or anti-
cipation.
SEVEN'IH: I nominate and appoint OONALD E. SMI'IH and VIOlEI' E. SMI1H,
or the survivor thereof, Co-Executors of this, my Last Will and Testament. I
hereby relieve my Co-Executors from the necessity of posting security in connecti
\\r.Lth their duties as such in any jurisdiction in which they may be called upon to
act insofar as I am able by law to do so.
rn WI'lNESS WHEREOF, I have heretmto set my hand and seal to this, my
Last Will and Testanent, this 3 Gl day of ')'"}]C;-vLr!-'
\)
, 1985.
\ . ." '--:(/': i
;}7 ~Mr.'\~-'Es(e~' ~--;;r~/';4 4-0'
(SEAL)
-2-
Signed, sealed, published and declared by the above na:rred Testatrix. as
and for her Last Will and Testarrent in our presence, who, at her request, in her
presence and in the presence of each other, have hereunto subscribed our narres as
attesting witnesses.
Address
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Address
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OATH OF SUBSCRIBING WITNESS(ES)
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REGISTER OF WILLS
CUMBERLAND COUNTY PENNSYLVANIA
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Estate of Myrtle Eshelman, a/k/a, Myrtle M. Eshelman
, Deceased
James D. Bogar
, (each) a subscribing witness to
(print Namels)
the iaWillIJCodicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and
say(s) that she / he / they was / were present and saw the above' Testator / Testatrix sign the same
and that she / he / they signed the same and that she / he / they signed as a witness at the request of
the Testator / Testatrix In her / his presence and in the presence of each other.
(Signature)
One West Main
(Street Address)
(Street Address)
(City, State, Zip)
Shiremanstown, P A 17011
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
Executed out of Register's Office
Sworn to or affirmed and subscribed
before me this
day
before me this d /11 J.. _
of
day
of
NCJT1\ IAl SEAL
CAROL A. BOGAR, NOTARY PUBLIC
SHIREMANSTOWN BORO, CUMBERLAND COUNlY
MY COMMISSION EXPIRES NOVEMBER 13,2011
Deputy for Reg ster of Wills
A.nr/I /3Pf/~
Notary Pub"lic .-
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
NOTE: To be taken y Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization.
Form RW-03 rev. 10.1 .06
a \ 0"6 000'1
OATH OF SUBSCRIBING WITNESS(ES)
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REGISTER OF WILLS
CUMBERLAND COUNTY PENNSYLVANIA
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Estate of My Ie Eshelman, a/k/a Myrtle M. Eshelman
, Deceased
Lisa A Kisbaugh
(each) a subscribing witness to
(Print Name/s)
the iaWill [J odicil(s) presented herewith, (each) being duly qualified a<;cording to law, depose(s) and
say(s) that s e / he / they was / were present and saw the above Testator / Testatrix sign the same
and that she / he / they signed the same and that she / he / they signed as a witness at the request of
the Testator / Testatrix III her / his presence and in the presence of each other.
(Signature)
~(l~~
(Street Address)
825 Eppley Road
(Street Address)
(City, State, Zip)
Mechanicsburg, P A 17055
(City, State, Zip)
before me this
day
Executed out of Register's Office
Sworn to or affirmed and subscribed
before me this ..;-;" L- day
of 9"-fI'~o ' dcdl .
NOTARIAL SEAL
I 1 CAROl A. BOGAR, NOTARY PUBLIC
IU 'II r SHIREMANSTOWN BORa, CUMBERLAND COUNlY
Notary Pubr c NOVEMBER 13, 2011
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
Executed in egister's Office
Sworn to or a lrmed and subscribed
of
Deputy for R gister of Wills
NOTE: To be tak~ by Officer authorized to administer oaths. Please have present the original or copy of instrument( s) at time of notarization.
I
FormRW-03 rev. 10.13.06