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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 ~~~~~ :'., .'.' ) .-,. -~,~ --:'.. .- Name Relationship ~ --.- : j~'~~ ,n-f![' "1 . ::') t') ) C) . "oJ ;. r..,:f:,.~ ... <: ) ~_ _ 1--'-. :.... ,"-.l (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) + U1 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. -~j 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 '( '1 -. 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. o (:;0 -:_--:u r--.;) <= = ex:> ':"';:J -, ,.1 :~~-5 '. -'h ---i t,., --) ~.: I .1'1'1 : I ~-~) <- 'Tl > ,KP z " ~~ I ~ ARTICLE ONE ;'< PECUNIARY BEQUESTS "-;;3('~ ~ (::: '~;~ .?~ ~ ~'__ ~~.i 9 1.1 I bequeath the sum of Ten Thousand Dollars ($10,000) to my fn~d, MARJQRIE v) ,-) . I 0"\ 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. -2- 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. -3- ~ 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. ~I(~ ~~ 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 -4- ~ . . . 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 ~& ..: ~tJ ~~ 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 -5-