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HomeMy WebLinkAbout02-28-08 In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division In re: the Estate of Richard J. Worrall, deceased Late of Upper Allen Township No. d\ 0<6 Od-d1 ~ '. " l,U) -";'1 PETITION FOR AUTHORIZATION TO RETRIEVE LAST WILL AND TESTAMENT; 1 r~. 1 FROM SAFE DEPOSIT BOX AT M&T BANK c:> AND NOW COMES the petitioner, MARLENE W. McHALE, by and throughherundersrgned attorneys, and states the following in support of her petition: ,/;' r' 1. Richard J. Worrall ("Decedent") died February 24,2008. 2. At the time of his death Decedent resided in Upper Allen Township, Cumberland County, Pennsylvania. 3. The petitioner, Decedent's sister, resides at 1198 Ragley Hall Road N.E., Atlanta, GA 30319. 4. Decedent provided the petitioner with a photocopy of his last will and testament executed by him on June 24, 2005. (Copy attached to this petition.) 5. Decedent appointed the petitioner as his executrix by Item Eighth of his said will. 6. Decedent informed the petitioner that he had placed the original of his said will in his safe deposit box at the Simpson Ferry Road, Mechanicsburg branch ofM&T Bank. 7. 72 Pa. C.S. 9 9192(e) permits-but does not require-the bank to allow entry into a decedent's safe deposit box for the sole purpose of removing the decedent's will and evidence of ownership of a burial plot. 8. M&T Bank personnel will not permit the petitioner to enter Decedent's safe deposit box for the sole purpose of removing his will, unless she has the Court's authorization. WHEREFORE, the petitioner prays for an Order authorizing her to enter Decedent's safe deposit box at the Simpson Ferry Road, Mechanicsburg branch of M&T Bank for the sole purpose of removing Decedent's will. Respectfully submitted, Saidis, Flower & Lindsay Dated: 7/~~ Ie?' / . By: 0l~ ~'/4A.R\ Thomas E. Flower S.Ct. #83993 2109 Market Street Camp Hill, P A 17011 (717) - 737 - 3405 Attorneys for the petitioner In the Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division In re: the Estate of Richard J. Worrall, deceased Late of Upper Allen Township No. VERIFICATION I, MARLENE W. McHALE, hereby verify that the statements made in the foregoing Petition are true and correct, to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S 4904, relating to unsworn falsification to authorities. DATED: o/~~c?"p By / /JJ.. h: "}/, ~ -~ I /I{jf_~~____Jr " 't-,/N~ Marlene W. McHale - LAST WILL AND TESTAMENT OF RICHARD J. WORRALL I, RICHARD J. WORRALL, of Mechanicsburg Borough, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST I direct the payment of my just debts and the expenses of my last illness and funeral from my estate as soon after my death as conveniently may be done. If there be no cemetery lot available for my interment owned by me at the time of my death, I authorize my personal representative to purchase such cemetery lot with a contract for perpetual care, using therefor funds from my estate in such amount as she shall consider necessary and desirable, and I authorize my personal representative to cause title to or ownership of such lot so purchased to be vested in such person as my personal representative shall designate. Further, I authorize my personal representative to expend funds from my estate, in such amount as my personal representative shall consider necessary and desirable for the purchase, erection and inscription of a suitable marker for my grave. SAIDIS mUFF, FLOWER & LINDSAY SECOND AlTORNEYS.AToLAW 2109 Market Street Camp Hill. PA I give and bequeath to Wichita State University the sum of Two Hundred Fifty Thousand ($250,000) Dollars, in memory of Forrest Eugene Richert. I desire that these funds be devoted by the University to create a memorial scholarship fund in the name of Forrest Eugent Richert. I further specify that the funds are intended for the educational support of students in the Voice and/or Theater Performance Programs; provided, that ~~ ~ SAlOIS mUFF, FLOWER & LINDSAY AlTORNEYS'AT'!.A "; 2109 Market Streeil Camp Hill. PA each recipient of scholarship funds shall be required to pursue concurrently a major in voice or theater performance, along with a minor in one of the following fields: business, accounting, economics, physics, biology, chemistry, education, engineering, mathematics, pre-medical studies, or another field of equivalently practical knowledge. My purpose in so specifying is to deter any such scholarship recipient from relying upon music as his or her sole prospective career. It is my intention to make this gift to the University during my lifetime, and, in the event that I have done so before my death, this gift under my will shall have been fully satisfied thereby and shall be void. THIRD I give and bequeath the sum of Fifty Thousand ($50,000) Dollars to S1. Luke's Episcopal Church, Keller Street, Mechanicsburg, PA. I request that this bequest be devoted to specific tangible purposes of the church, and it shall not simply be devoted to the current, general operating expenses of the congregation. It is my intention to make this gift to the church during my lifetime, and, in the event that I have done so before my death, this gift under my will shall have been fully satisfied thereby and shall be void. FOURTH To each of the following twelve nieces and nephews of mine I give and bequeath the sum of Ten Thousand ($10,000) Dollars: Linda M. (Worrall) Adams, Janice L. (Worrall) Lalich, Jeffrey L. Worrall, Clifford R. Worrall, Kenneth Worrall, Robert W. Worrall, Angela M. (McHale) Shook, Michelle A. (McHale) Reisweber, Kathleen P. (McHale) Newbern, Thomas M. McHale, Michael J. McHale and Judith A. (Worrall) Crowe. It is my intention to make these gifts during my lifetime through 529 Plan contributions for the named individuals; and, in the event, and to the extent, that I have 2 ~ r \] SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 21 09 Market Street Camp Hill, PA done so before my death, the foregoing gifts under this item of my will shall have been fully satisfied thereby and shall be void. FIFTH I give, devise and bequeath all the rest, residue and remainder of my estate unto my sister, MARLENE W. McHALE, of Atlanta, Georga, or her issue, per stirpes. SIXTH I direct that any and all inheritance, estate, and transfer taxes imposed upon my estate passing under this Will or otherwise shall be paid out of the principal of my residuary estate. SEVENTH In addition to the powers conferred by law, I authorize any personal representative acting under this instrument, in her absolute discretion: (a) To retain in the form received, or to sell either at public or private sale any real or personal property; (b) To exercise any options to subscribe for stocks, bonds, or other investments; (c) To join in any plan of lease, mortgage, consolidation, exchange, reorganization or foreclosure of any corporation in which my estate or any trust may hold stocks, bonds or other securities; (d) To sell, transfer, convey, mortgage, pledge, lease or exchange any property, real or personal, which at any time may form part of my estate, for the payment of debts or taxes, or for any purpose of administration or distribution, for such prices and upon such terms as they, in their sole discretion, may deem wise, and to execute and deliver deeds of conveyance or transfer thereof; 3 SAlOIS iHUFF, FLOWER & LINDSAY ATfORNEYS.AT.LA \II 2109 Market Street Camp Hill. PA (e) To make settlements and compromises on such terms as she, in her sole discretion may deem wise without the necessity of obtaining any court approval thereof; (f) To make distribution hereunder either in cash or kind, as she, in her discretion may deem wise. EIGHTH I do hereby nominate, constitute and appoint my sister, MARLENE W. McHALE, of Atlanta, Georgia, to serve as executrix of this my Last Will and Testament. In the event that MARLENE W. McHALE is unable or unwilling to serve in that capacity, appoint my brother-in-law, THOMAS M. McHALE as alternate executor. NINTH I direct that no personal representative or other fiduciary appointed under this instrument shall be required to give bond for the faithful performance of his or her duties in any jurisdiction. IN WITNESS WHEREOF, " RICHARD J. WORRALL, have hereunto set my hand and seal to this my Last Will and Testament, consisting of four (4) typewritten pages, the first three (3) of which bear my signature in the margin for identification, this ~/j day of Ji/AJ ~ ,2005. 4 . . Signed, sealed, published and declared by the above-named Testator, RICHARD J. WORRALL, as and for his Last Will and Testament in the presence of us, who have hereunto subscribed our names at his request as witnesses thereto, in the presence of . Testator an ach other. ADDRESS {)to9 ~().-{j~ ~, C~Wf. fA- ;;J,1D1 ~M( ~ foAM r I{.; II, ff+ ADDRESS COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND WE, RICHARD J. WORRALL, ~Hrts.f, FL<JW~ and 1.;1JJ'iJ rfldf;/, the Testator and witnesses, respectively whose names are signed to the foregoing or attached 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 Testament and that he signed willingly and that he executed 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 their knowledge the Testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. ~.#~ C RD J.. ORRALL, Testator ~~ SAlOIS SHUFF, FLOWER & LINDSAY . I AITORNEYS'AT'LAW 2109 Market Street Camp Hill. PA Subscribed, sworn to and acknowledged before me by RICHARD J. WORRALL, Testator and subscribep ~o and sworn o~ affirmed ~o befg~ me by 11M _~nd ~J r NJtIsPi WItnesses, thIS ~ day of ,200.h..... ~ COMMONWEALTH OF PENNSYLVANIA J ~ . N-wSom U Sara 1. Ensinger, Notary Public .. Y. . Camp HilI Boro, Cumberland County I,otary P IIc My Commission Expires Oct. 17, 2005 5 Member, Pennsylvania Association of Notaries