HomeMy WebLinkAbout03-10-08
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYL VANIA
File Number) 1-080~(p
Estate of JOHN W. MACFARLANE
also known as NI A
, Deceased
Social Security Number 193-12-8135
Petitioner( s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE ~' 0' 'B' BELOW:)
III A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is 1 are the EXECUTOR
last Will of the Decedent dated 09/09/1998 and codicil(s) dated N/A
named in the
(State relevant circumstances, e.g., renll1lCiation, 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: NI A
o B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d.b.n.c.t.a; pendente lite; dw-ante absentia; durante minoritate)
Petitioner(s) after a proper search has 1 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
)
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,-:...:-.
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- Ie;
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
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Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his 1 her last principal J'(!sii1ence aI-l
3329 BETHANY COURT, 325 WESLEY DRIVE, MECHANICSBURG, PENNSYLVANIA 17055
(List street address, town/city, township, COlDlty, state, zip code) -0
Decedent, then 96
years of age, died on JANUARY 21,2008
'I
at HOLY SPIRIT HOSPITAL, CAMP HILft.-P A 17011
I
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CO
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) All personal property
(If not domiciled in PA) Personal property in Pennsylvania
(If not domiciled in PA) Personal property in County
Value of real estate in Pennsylvania
$
$
$
$
565,000.00
0.00
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:
Tf~J -
T
JOHN MACFARLANE, 121 GLENGARY DRIVE, MOON TOWNSHIP, PA 15108
Form RW-02 rev. /0.13.06
Page 10f2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF E R I E
SS
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and cornea 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 quly
administer the estate according to law. ~ ~~
- /~~
Sworn to or affirmed and subscribed ~~
2 0th of Per~o~nT raa~e -~.=~
before me the day of
~ ~~~
,: C -
_,
F e b r u a r y ~ 0 0 g Signahve of Personal Representative ~~ _ -~ `' ~,' }
r _ r.~
Vim/ l-1 «- r .t
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Acting D e p u t y For th egister Signahae of Persona! Representative - ~-; ~ -, ...~, ~ ~;
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File Number:
Estate of JOHN W. MACFARLANE Deceased
Social Security Number: 193-12-8135 Date of Death:01/21/2008
AND NOW, ~~ !~(~/ / ~V ~~ ~ in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters TESTAMENTARY
are hereby granted to JOHN MACFARLANE
in the above estate
and that the instrument(s) dated 09/09/1998
described in the Petition be admitted to probate and filed of record as the last W • (and Codicil )) of Decedent.
FEES ~`L.~~ ,
~., Register of Wills
Letters .......~j..~P~,4~ $ ~t~L~ ~~,
Short Certificate(s) .. ~ :~ ... $ laL1 Attorney Signature:
Renunciation(s) .......... $ BARBARA G. GRAYBII,L
t ~t l ~ • • . $ 1 ~ Attorney Name:
J ~" ~ • • • $ 1 ~~ Supreme Court LD. No.: 39895
~~_ ~ ... $ ~/
~ ... $ Address: ~f ~ ~~1.~,<<'!U~ ~-I
... $ 59 ~~e ~/O~Ji~
... $ ,
... $ ~r ~ ~'/a
• • • $ Telephone: ? - 717-829-9703 ~ r ~- y~Q-~ !.~~~
... $
TOTAL .............. $ ~ 50.00
Form RW-02 rev. 10.13.06 Page 2 of 2
".
The Last Will
and
Testament
OF
John W. Macfarlane, Sr.
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I, John W. Macfarlane, of Mechanicsburg, Pennsylvania, County of Cumberland, being
of lawful age and sound and disposing mind and memory, do hereby declare this to be my Last
Will and Testament and hereby revoke all prior wills and codicils made by me.
FIRST: I direct the payment of my debts and the expenses of my last illness and funeral
from my estate as soon after my death as conveniently may be done. I direct that any and all
Inheritance, Estate and Transfer Taxes imposed upon my estate passing under my will shall be
paid out of the principal of my residuary estate. It shall not be necessary to file any claims for
debts, taxes, or administration expenses nor to have them allowed by any court.
SECOND: I direct John W. Macfarlane, Jr. and John H. Lenker, Jr., to sell or otherwise
dispose of all my tangible personal property and effects and net sale proceeds therefrom, if any,
shall be distributed as part of my residuary estate hereunder. In disposing of my aviation
memorabilia, I direct said individuals to consult with Charles Hostetter, giving due consideration
to the nature of the items; it is my intent that the preservation and/or enjoyment of such items-
and not their monetary value - be the goal of distributing these items.
THIRD: I give, devise and bequeath all of the rest, residue, and remainder of my estate,
real, personal, and mixed, of whatsoever kind and nature and wheresoever situated at the time of
my death as directed below:
a. One-third (113) to my son, John W. Macfarlane, Jr., his issue per stirpes;
b. One-third (113) to my grandson Christopher J. Macfarlane, his issue per stirpes;
c. One third (113) to my granddaughter Amber Star Macfarlane, her issue per
stirpes.
FOURTH: I hereby nominate, constitute and appoint John W. Macfarlane, Jr., as
Executor of this my Last Will and Testament, to serve without bond or security; and I hereby
authorize, and empower him to retain or to sell and convey any or all of my estate, at public or
private sale, for such price or prices, upon such terms and conditions, as in his judgment is best
for my estate, and to that end to sign, seal, execute, acknowledge and deliver all documents or
.-
other instruments necessary therefor, as effectively as I could do if I were personally present.
If and in the event that John W. Macfarlane, Jr., does not survive me or does not
complete his duties as Executor, then and in such event, I hereby nominate, constitute and
appoint Christopher J. Macfarlane as Executor of this my Last Will and Testament, to serve
without bond or security with all the rights, powers, and duties of my first-named Executor.
FIFTH: In addition to the powers conferred by law, I authorize my Executor or
successor Executor:
(a) To retain in the form received, and to sell either at public or private sale or to
give any real or personal property.
(b) To invest and reinvest in all forms of property without being confined to legal
investments, and without regard to the principles of diversification.
(c) To exercise any options or rights arising from ownership of investments.
(d) To compromise claims without court approval, and without the consent of any
beneficiary.
The enumeration of these powers shall not be used to exclude the exercise of any power
which my Executor requires for the expeditious settlement of my estate. All powers, both
enumerated and implied, are to be construed liberally toward that end.
IN WITNESS WHEREOF, I, John W. Macfarlane, Sr., the Testator, have to this my
Last ~l and T ,tament, typewritten on 2 consecutively numbered pages, set my hand and seal
this/V' aay ~,Pd/~~G~lU, 199/8. ~/?/?/1r<f~ <A
;;
Signed, sealed, published and declared by the above named Testator, as and for his Last Will and
Testament, in the presence of us, who have hereunto subscribed our names at his request, as
wi esses her~_tQl ~th~pres7nce of the said T~s:tor, .and~f each oner.
UL f 1 I, ,f '" . residing at L{/'Lf bu n /7/10
~LA il1f. / l ~
. . "'.. ' l' ~ /d+J^-- residing at -. -2-~~,'-.
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COMMONWEAL TH OF PENNSYL VANIA
SS.:
COUNTYOF8~ERL,~
/J~~C
We, \uSCH\ L. ~(vcb and~~) '~~! 7J',/):14 the witnesses whose
names are signed to the attached foregoing Last Will and Testamen , being duly qualified
according to law, do depose and say that we were present and saw JOHN W. MACFARLANE,
Sr., the Testator, sign and execute such instruments as his Last Will and Testament; that such
Testator signed this instrument willingly and executed it as his free and voluntary act for the
purposes set forth therein; that each of us, in the hearing and sight of such Testator, signed such
Last Will and Testament as a subscribing witness thereto; and that to the best of our knowledge,
such Testator was at that time 18 or more years of age, of sound mind, and under no constraints
or undue influence.
/If '. jl"e~r red to and subscribed be!p~e ,me by SU)C,." L . iu..(ch
L:t1L/-0iJ 147~ ' WItnesses, this~OayofSeptember, 1998.
and
WITNESSES: "1\
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~LLL'lj~A v6hC~t-zC
Notary Public
My Commission Expires:
NOTARIAL SEAL
SHEILA A. BROWN, Notary Public
Harrisburg, Dauphin County, PA
My Commission Expires Feb. 5, 2001