HomeMy WebLinkAbout01-04-08
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
CUMBERLAND
COUNTY, PENNSYL VANIA
Estate of J. Wayne Tisdale
also known as
File Number
Qj - {)g - {)()15
. Deceased
Social Security Number 432-03-9829
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE ~' or 'B' BELOW:)
IZI A. Probate and Grant of Letters Testamentary and aver that Petitioner(s).i&+.are the Co-Executors
last Will of the Decedent dated August 25, 2005 and codicil(s) dated none
named in the
(State relevant circumstances, e.g., renunciation, dwth of executor, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution ofthe 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
...."
(lfapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durartt!ry'linoritate) g
C::;O co
Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following spCi~ifJf any) a~eirs:
Administration, c.t.a. or d.b.n.c.t.a., enter date 0/ Will in Section A above and complete list o/heirs.) ~:C c') z
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(COMPLETE IN ALL CASES:) Attach additional sheets ifn1fPfry.
Decedent was domiciled at death in Cumberland tg.1l! " County, Pennsylvania with his-I-fteF.last principal residence at
5225 Wilson Lane. Apt. 3104. Bethanv Village West. tJMJer Allen Township. Cumberland County. PA
(List street address, town/city, township, county, state, zip code)
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Decedent, then 88
years of age, died on December 30, 2007
at
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) All personal property
(If not domiciled in P A) Personal property in Pennsylvania
(If not domiciled in PA) Personal property in County
Value of real estate in Pennsylvania none
1,200,000.00
$
$
$
$
situated as follows: N/A
TOTAL
0.00
1,200,000.00
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:
T ed or rinted name and residence
:ward W. Tisdale, 3420 S.W. First Place, Cape Coral, FL 33904
Jennifer Greene, 4700 Hunt Circle, Harrisburg, PA 17112
Page 1 of2
Oath of Personal Representative
COMMONWEALTH 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 belief ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
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1.\ For the Register
~ SlgM'" .fP"'-IR_".'~
!if ore me the.
t' '
.
Sworn to or affirmed and subscribed
L I-u..J
1 day of
Q..)OO '(
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File Number: ~/- 08'- 00 j 5
Estate of J. Wayne Tisdale , Deceased
Social Security Number: 432-03-9829
Date of Death: December 30,2007
AND NOW,
having been presented before me, IT IS DECREED that Letters
are hereby granted to Edward W. Tisdale and Jennifer Greene
January 4
2008
, in consideration of the foregoing Petition, satisfactory proof
Testamentary
in\fheabove estate
and that the instrument(s) dated August 25, 2005
-, '......
described in the Petition be admitted to probate and filed of record as the last Will (1iR8 Ce8iei1€"n ofDecedel)t. .
FEES
Letters ............... $~ .00
Short Certificate(s) . .r;; . . . . $ 6l0. oc..)
Renunciation(s) .......... $
lD, \\ ... $ IS.DO
~J) ... $ ID,()\)
lll.l-tllYvvl :1-, i'iY'I . . . $ 5.00
.. . $
.. . $
... $
.. . $
. .. $
.. . $
TOTAL ...... .. .. .. .. $ 8' iO . ~U .9.QQ
Attorney Signature:
(j
Attorney Name:
Richard W. Stevenson
Supreme Court I.D. No.: 7120
Address:
McNees Wallace & Nurick LLC
100 Pine Street, P. O. Box 1166
Harrisburg, PA 17108-1166
Telephone:
717-237-5208
Form RW-02 rev. 10.13.06
Page 2 of2
LAST WILL AND TESTAMENT
OF
J. WAYNE TISDALE
I, J. WAYNE TISDALE, of Cumberland County, Pennsylvania, make this Will, hereby
revoking all my former Wills and Codicils.
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ARTICLE ONE ;'<
PECUNIARY BEQUESTS "-;;3('~ ~ (::: '~;~
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9 1.1 I bequeath the sum of Ten Thousand Dollars ($10,000) to my fn~d, MARJQRIE v) ,-)
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McCLAIN, presently of 593-13 Geneva Drive, Mechanicsburg, Pennsylvania, if she survives me.
ARTICLE TWO
RESIDUE
92.1 I devise and bequeath all the residue of my estate to my issue living at my death,
per stirpes.
ARTICLE THREE
APPOINTMENT OF FIDUCIARIES
93.1 I appoint my son, EDWARD W. TISDALE ("My Son") and my daughter,
JENNIFER GREENE ("My Daughter") as Co-Executors of this Will. If either My Son or My
Daughter is unable or unwilling to act or continue to act, for any reason whatsoever, my
remaining child shall thereafter serve as sole Executor. If neither of my children is able and
willing to act or continue to act, KA THRENE GREENE WEBB shall serve as successor
Executor. All references herein to the "Executor" shall mean my originally appointed Executors
or my successor Executor, as the case may be.
ARTICLE FOUR
POWERS OF FIDUCIARIES
~ 4.1 No fiduciary under this Will shall be required to give bond or other security for the
faithful performance of the fiduciary's duties.
~ 4.2 Any such fiduciary shall have the powers set forth in the Pennsylvania
Probate, Estate and Fiduciaries Code.
ARTICLE FIVE
PROVISION FOR TAXES
~ 5.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar
nature payable by reason of my death to any government or subdivision thereof upon or with
respect to any property subject to any such tax, and any penalties thereon, shall be paid by the
Executor out of the principal of that portion of my estate disposed of by Article Two of this Will.
ARTICLE SIX
PROVISION FOR DEBTS AND EXPENSES
~ 6.1 I direct that any of my legally enforceable debts, any expenses of my last illness,
funeral and burial, and any of the administrative expenses of my estate shall be paid from the
principal of that portion of my estate disposed of by Article Two of this Will.
ARTICLE SEVEN
MISCELLANEOUS PROVISIONS
~ 7.1 If any person and I die under such circumstances that it is impossible to
determine which of us survived, it shall be conclusively presumed and this Will shall be
construed as if such person had predeceased me.
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97.2 Whenever a fiduciary is directed to distribute property to or for the benefit of any
beneficiary who is under (a) twenty-one (21) years of age, or (b) a legal disability or otherwise
sutters from an illness or mental or physical disability that would make distribution directly to
such beneficiary inappropriate (as determined in such fiduciary's sole discretion exercised in
good faith), the fiduciary may distribute such property to the person who has custody of such
beneficiary, may apply such property for the benefit of such beneficiary, may distribute such
property to a custodian for such beneficiary, whether then serving or selected and appointed by
the fiduciary (including the fiduciary), under any applicable Uniform Transfers to Minors Act or
Uniform Gifts to Minors Act, may distribute such property to the guardian of such beneficiary's
estate, may distribute such property directly to such beneficiary's estate, or may distribute such
property directly to such beneficiary (except if any of the conditions hereinbefore described in
(b) apply), without liability on the part of the fiduciary to see to the application of such property.
This provision shall not in any way operate to suspend such beneficiary's absolute ownership of
such property or to prevent the absolute vesting thereof in such beneficiary.
9 7.3 Except as otherwise may be provided in this Will, during the continuance of any
of the trusts created under the provisions of this Will, and thereafter until the property is
distributed to and received by any beneficiary hereunder, the principal sums thus held in trust
for any beneficiary, respectively, and the income thereof shall not be subject to or liable for any
contracts, debts, engagements, liabilities or torts of such beneficiary now or hereafter made,
contracted, incurred or committed, but shall be absolutely free from the same, and such
beneficiary shall have no power to sell, assign or encumber all or any part of the principal sums
or such beneficiary's interest therein, respectively, or the income thereof, or to anticipate the
income.
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~ 7.4 An individual fiduciary shall be entitled to receive reasonable compensation for
such fiduciary's services hereunder.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 25th day of
August, 2005.
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j. WAYNE TISDALE
(SEAL)
Signed, sealed, published and declared by the above named J. WAYNE TISDALE as
and for his Last Will, in the presence of us and each of us, who, at his request and in his
presence and in the presence of each other, have hereunto subscribed our names as witnesses
th eto the day and year last above written.
Residing a! ~~ 12
Residing a! E\ ['t J.ut-h~ ,eA
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~ . . .
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF DAUPHIN
We, J. WAYNE TISDALE, the testator, and ~'ISI1 {;J. c::. re e. n e..- and
~:c....~~ \.0. St~ ven...Sol'\ , 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 signed and executed the instrument as his Last Will; that the testator signed
willingly and executed it as his free and voluntary act for the purposes therein expressed; that
each subscribing witness in the hearing and sight of the testator signed the Will as a witness
and that to the best of his or her knowledge the testator was at that time eighteen (18) years of
age or older, of sound mind and under no constraint or undue influence.
WITNESS:
TESTATOR
cL~v .1,~ I ~& ..:
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fWA~SDALE
Subscribed, sworn to and acknowledged before me bid' WAYNE TISDALE, the
~ and subscribed and swor~ to before ~e by I ;.5&. . Qrc.e. I'\e.. and
. ~ W. S.J.eIlP .....$(:111 , Witnesses, thiS 25 h day of August, 2005.
NOTARIAL SEAL
KAREN D. RAFFERTY, Notary PlbIic
City of HaTiebJrg,. PA Dauphin County
My Commission Expires Feb. 13, 2006
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