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Home My WebLink About04-08-08 PETITION FOR PROBATE and GRANT OF LETTERS Estate of ARTHUR B. MACKEY No. 21-2008- 6L\:b' also known as To: Register of Wills for the , Deceased. County of CUMBERLAND in the Social Security No. 199-05-8409 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older and the execut rix named in the last will of the above decedent, dated Aoril 7. 2003 and codicil(s) dated not aoolicable none (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland County, Pennsylvania, with h is last family or principal residence at 415 Ooossum Lake Road. Carlisle (Lower Frankford Townshio). PA (list street, number and municipality) Decedent, then 89 years of age, died 12/17/2007 at ManorCare Health Services. Carlisle. South Middletown Townshio. PA Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted afb~r execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: none Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (lfnot domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: Laurel Run Road, Route 00233, Tyrone Township, Perry County, PA $ $ $ $ 73.000.00 WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters Testamentary thereon. (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) ~ ~ d) C,) c d) :g "'~. ~~' d) "" c c c ~ '';:: ~'';:::: ~~: :; t: 'oj c OJ) Vi r L . .' ') oJ.,c' ,/ Mabel K. Mackey 415 Opossum Lake Road Carlisle PA 17015 ~o .. :IJ lr::; .~.:~~ _'J3x .'=, (') .,."",0 J .....-.J ~'l, ",J1;, -=9 -..0 J> OATH OF PERSONAL REPRESENTATIVE COMMONWEAL TH OF PENNSYLVANIA } MABEL K. MACKEY 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 ofthe knowledge and belief ofpetitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well~nd trul administe~ th e tatea~rrd!nt,1toilaw. Sworn to ora.ffirm. ed, a, n, d. SU"b" scribed { n (;."J,~.. ?) "{t, ().R bdore me this '?J ~ day of ",' ~~~ . . Register ~ = = CQ ;r:.. -0 ::0 , CO -0 3: JI o o ~ Otl' ::s I:> ~ ~ ~ , ./ " c-:;> No. 21-2008- oZfo\ Estate of ARTHUR B. MACKEY , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW Aoril i 2008 , in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated 4/7/2003 described therein be admitted to probate and filed of record as the last will of Arthur B. Mackey and Letters Testamentary are hereby granted to Mabel K. Mackey FEES Probate, Letters, Etc.. .7.3, DOt;>. $ Short Certificates ( 2-} . . . . . . $ D. .. . .".It $ IXCntll.e:llit1en . 11-'"./. . . . . . . . . ".kP+~ $ TOTAL _ $ Filed. . . . . . . J}o~~~Pr R09J M. Morgenthal ~ SMIGEL. ANDERSON & SACKS. LLP ATTORNEY (Sup. Ct. J.D. No.) 4431 N. Front Street, 3rd Floor Harrisbura PA 17110 ADDRESS 13S 1:: IS- is- 2.13 (717) 234-2401 . . . . . . . . . . . . . . . . PHONE L'f..-e/Y'" p LiD C) r-":'" ':9~ . ""T: 0 _ .~r-- ~. ;::' 9j '-'i .",) ;;>;;: ..C) .<Q~ >---~'\- ::"'0 ~p-l ...,J.:-'. 1'0...) <:::::, c:-::::. <::l::> :t:.. -0 :.:0 , Q) ~ , r o o ( ,;-~) -. ~3 ;...., <.: ) , ;) r' !I)"\),{):" RF.\ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. fee for this certi ficate. S6.00 P 13888697 Certificatwn Number ~ , H105.143 REV 1112006 TYPE I PRINT IN PERMANENT BLACK INK This is to certify that the informatIon here given is correqly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. ~.~b.t.-~~~E~ 18/2007 Local Registrar Date Issued r---:> = = co :P>o -0 :;;:0 I CO o ::u ""CJ (") :I, :Pm ;~~ C)O ) C) '" ~..)c : - :::D -,J --I :t-> ..." ::E: N o o c.,~ COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) J '6 bL\:C;\ 89 v~. Bb. County 01 Death 1. Name of Decedent (First, middle, last, suffix) Arthur 5. Age (LaS1Biirthday) 6. Dale of Birth (Month, day, year) 7. Birthplace(CI 10/03/1918 ranklin County, PA cumberland Bel. Facility Name (If not inslilulion, rjve street and nllTlber) ManorCare Health Services 12. Was Decedent ever in the UB. Armed Forces? j1gVes DNo 13. Decedent's Education (Specify only highest ~ completed) ElemBry I Secondary {()'12) College (1-4 or 5+) 11. Decedent's Usual Kind of Work FarmElr . 16. Decedent's Mailing Address (Street, city flown, state, zip code) 415 Opossum Lake Rd. Carlisle, PA 17015 18. Father's Name (First. middle. last. suffix) Ben:iarnin H. Mackey Decedenfs Actual Residence 17a.State PA Cumberland 17b. County 19'Ci~~t~'li:nsu~s City/Boro 8409 ;) ":+- 8a. Place of Death (Check only ona) Hospital: other: o Inpatient 0 ER I Outpatient 0 OOA ~ing Home 0 Residence DOlher. Specify: 9. Was Decadef1t of Hispanic Origin? IXI No 0 Yes 10. Race: American Indian, Black, 'Nhite, etc. (lfY"s. specify C_. ISpecifyl Mextcan. Puerto Rican. 'Ie.) White 14. Marital Status: Married, Never Married, WKlowed. 0M>n:ed (Specifyl Married Did Decedent Uveina Township? Twp. 17c. [J:Yes, Decedent Lived in 17d.D No, Oecedenl Lived within Actual Umits of 1 K. Crull LcMer Frankford Mabel K. Mack 2Ob. Informant's Maillng Addl'9ss (Street, city I town, state, zip code) Carlisle PA 17015 21d.locatlon(Citylfown.state,zjpcode) "PProximate Interval: Part II: Enter other sianilicl!lnt conditions cnnlribl.llina to death, 28. Did Tobacco Use Contribute to Death? Onset to Death but not resutting in the undertying cause given in Part I. 0 Yes 0 Probably D No DUnk_ 29. If Female: o Not pregnant wilhin past year D Pregnant at time of death o Notpregnanl,bul:pregnantwithin42days o!dea~ o Nolpregnanl. bulpr9Q1lant 43 days 10 1 year before<iealh o Unknown if pregnant wtthin the pasl year 32c. P111C8 of In/U'Y: Home, Farm, Street, FacIoIy, Office Building, etc. (Specify) 208. InlDm'l8nl's Name (Type I Print) . ~ lIems 24-26 must be completed by person . who pro~!S death. =~~:n~Si~~\dise~ a. f. ^ Q.,v ''''0 It\ ~\ 0. Due to (or a consequence of): ~Iil~:'~~i~a. Enter \he UNCERLYING CAUSE (dsease or i~IJ"I that inlliated the iw9nts~glndealh)LAST. Due to (or as a consequence of): b. Due to (or as,a consequence of): c. d. 31. Manner 01 0ea1l1 ~ DHomicide DAccklent DPendlnglnvestigalion D Suicide D Could No! be Dat.nnined 308. Wu an }lUIopsy 3Qb. Wel'9 Autopsy Findings Performed? Available Prior to Completion of Cause of Death? DVes I~ DVes DNo 32d. Time of Injury M. 33a. Certifier ,:check only one) Certifying physician (Physician certilyiog cause 01 death when another physician has pronounced death and completed tlem 23) To the best of my knowledge, dtlth occurred due to the cause(s) and manner as stated.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - -- ~~:u~n~: =~~a:!===hti~:;::oe~=~oto::~~~ manner as stated.. __ __ __ _ _ __ _ __ __ _ _ D :::::~m~":~=::. and f or Investigation, in my oplman, death occurred at the time, date, and place, and due to the cause(s) and manner as stated.. 0 z a u a o ~ I,~ I[ Id 1\ I() I Dispos;I;" Pa",,' No. O(f17 5"~ Carlisle, PA Hane, Inc., Carlisle, PA 17013 23b.license Nurnber R~S{)/90.:sL 32g.Localionoflnjury(Streel,city/lown.stale) o. ~ = o = ~o ~ -~:o ...- ARTHUR B. MACKEY , ~ -0 0 ;g ",]~r- I, ARTHUR B. MACK~~:Y, married man, of Lower Frankford Township (mail~~res~ 415 Opossum Lake Road, CarlIsle, PA 17013), Cumberland County, Pennsylvania, beingc:9bounao and disposing J?ind, memory, and understandil!g, do hereby mak~, publish, and d~clare~ 11 ana'= for my Last WIll and Testament, hereby revoking and making VOId any and all WIlls bv ~ at anf.'? time heretofore made. ~ 0 , 0 LAST WILL AND TEST AMENT OF """', ~J (_.:,j ;.-') (::> '0 (':J ,-Tl c:J (" C) "n -"' ~'~\ , C) rn ,-) -'~'-1 1. I direct my hereinafter named Executor to pay all of my debts to which I am bound and the expenses of my funeral, last illness, and of the administration of my estate as soon after my death as may be found convenient to do so. 2. I declare that I am married to MABEL K. MACKEY and that we have two children, CAROLYN MARIE WAHLS, and REBECCA RUE GATTEN. I further declare that I have no other children. 3. All the rest, residue, and remainder of my estate, real, personal, or mixed, and wheresoever the same may be situate, I give, devise, and bequeath to my wife, MABEL K. MACKEY, her heirs and assigns, to the exclusion of my child or children, born or unborn, provided my said wife shall survive me by a period of ninety (90) days. In the event that my said wife should predecease me or fail to survive me by the aforesaid period of ninety (90) days, then in such event all the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and bequeath as follows: (a) I give the sum of One ($1.00) Dollar to my daughter Rebecca Rue Gatten and the sum of One ($1.00) Dollar to my son-in-law, William Gatten. I have made no further provision for either of them for the reason that provisions that were made for each of them during their lifetime. (b) All the rest, residue and remainder of my estate, real personal and mixed, and wheresoever the same may be situate, I give, devise and bequeath to my daughter , CAROLYN MARIE W AHLS, her heirs and assigns, per stirpes. 4. Should any person less than 21 years of age be entitled to distribution from my estate, in such event the share that person would otherwise have received shall be paid to my hereinafter named Executrix or Executor in trust. I authorize the herein named trustee to receive and invest the same, and to pay the income arising therefrom, together with so much of the principal thereof as in his or her opinion is necessary or desirable to be expended for the proper maintenance, support, and education of such person, to or for the benefit of such person, and upon such person attaining 21 years of age to pay to him or her the then remaining principal together with any undistributed mc:ome. 5. I hereby nominate, constitute, and appoint my wife, MABEL K. MACKEY, as Executrix of this my Last Will and Testament, but should she predecease me or fail to qualify, then in such event I nominate, constitute, and appoint my son-in-law, ROBERT P. W AHLS as Executor , and I fUlther direct that neither of them shall be required to post any bond to secure the faithful pelformance of his, her, or its duties in the Commonwealth of Pennsylvania or in any other jurisdiction. 6. In addition to the powers conferred by law, my herein named Executors and Trustees are empowered: a. To invest any part of the trust corpus in such securities, investments, or other property as may be deemed advisable and proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. b. With respect to any corporation, the stocks, bonds, or other securities of which may be held, to vote in person or by proxy on any shares of stock; to consent to the merger, consolidation or reorganization of such corporations; to consent to the leasing, mortgaging, or sale of the property of any such corporations; to make any surrender, exchange or substitution of such stocks, bonds, or other securities as an incident to the merger, consolidation or reorganization of such corporations; to pay all assessments, subscriptions and other sums of money which may be deemed wise and expedient for the protection and maintenance of the proportionate interest of the investment in such corporations; to exercise any option or privilege which may be conferred upon the holders of such stocks, bonds, or other securities of such corporations either for the conversion Page I vr IJ 1t1 of the same into other securities or for the purchase of additional securities, and to make any and all necessary payments which may be required in co~.ection therewith; an~ g~n.erally to have a~d exercise as to all such stocks, bonds, and other secuntles, the powers of an mdividual owner who is under trust obligation. c. To hold the trust corpus in one or more consolidated funds in which separate shares shall have undivided interests. d. To sell at public or private sale for cash or upon credit, or partly for cash and partly on credit and upon such terms and conditions as shall be deemed proper, any part or parts of the trust esu{te, and no purchaser at any such sale shall be bound to inquire int? the expediency or propriety of any such sale or to see to the application of the purchase money ansmg therefrom. e. To keep on hand and uninvested such moneys as may be deemed proper and for such period as may be found expedient. f. To compromise, settle, or arbitrate any claim or demand in favor of or against the trust estate. g. And authorized in the discharge of fiduciary duties, to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the principal or income of the trust fund, and shall further be entitled to charge against the principal or jincome such other reasonable expenses and charges as may be necessary and proper to incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. h. In making any division of property into shares for the purpose of any distribution thereof directed by the provisions of the trust, to make such division or distribution, either in cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any division or distribution in kind may allot any specific security or property or any undivided interest therein to anyone or more of such shares, and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value for purposes of distribution of the securities or property so allotted shall be final and conclusive upon all persons interested in the trust or in the division or distribution thereof. i. Authorized to register any shares of stock or other assets of any trust in their own names or in the name of a nominee. j. To retain and invest in shares of stock of my Trustee. k. To retain any investments including mutual funds which I may own at the time of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. 1. To determine from time to time whether all or some portion of realized capital gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal to be retained as part of the corpus, and such designation need not be consistent from one year to another. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament written on 3 pages, this 7ft... day of A- f \' l' ~ ,2003. I l , /tY /! (SEAL) . MACKEY ( \./ Signed, sealed, published and declared, by ARTHUR B. MACKEY the Testator above named, as and for his Last Will and Testament, in our presence, who, in his presence, at his request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. ~~-J. IJ.~ APR-08-2008 01:18AM FROM-SMf GEL ANDERSON SACKS TI 72343611 T-548 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COuNTY. PENNSYLVANIA OFFICE OF THE REGISTER OF WILLS OATH OF SUBSCRIBING WITNESS Estate of ARTHUR B. MACKEY No. 21 2008 al$O known as . Deceased - ROBERT G. FREY. ESQUIRE. and TRISHA A. L1ESS, P.002/004 F-140 2- \ 0<6 c>,*O\ (each) a subscribing witness to the a codiCil(s) Ii) Will(s) presented herewith. (each) duly qualified according to law depose(s) and say(s) that sheJhelthey waslwere present and saw the above Testator(rix) sign the same and that she/he/they signed as a witness at the request of the Testator(rix) in her/his/their presence aneW in the presence of each other 0 in the presence of the other bscribin wrtness(es). Trisha A. Liess 5 South Hanover Street. carlisle (AddreSS) r- - -- NOTARIAL SEAL b SUSAN R. HENRY. NOTARY PUBLIC Carlisle Borough, Cumberland County My Commission Expires December 15, 2009 OTN 'i' ,F:.!\l k ScUaSArliSINe Bo' rHrfi .,f.~{ r\JP'iC "l I ,'oj ;~~ ._.\.)l rr-'tv My Commis5.' . ")09 PA 17013 PA 17013 (St91'18t1ote Slid _I of N01lIry or O\fIer GffldaI QlIaIlfIe(IlO adIllini&t8f oaIhll. SflQW ~Ite of eKpIrllllol'l or Notary's cammillBion.) NOte;: To be taken by otflcar autllOtiUO lU administer oatMs. Please have present tMe original or copy of instrument(s) at time of notarization. FlW.2 \."J ;;;~ '::1 ;::CO 1>r- '':71Tl ~ j;~ ;;g ~ ~ /"'\, :,Po .c' ~d T1 ..)'- :::0 --oj -[1 -0 :Jt ~ o o I'-..;) = = = :boo v ::::0 I 0:> "j