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HomeMy WebLinkAbout04-18-08 PETITION FOR PROBATE & GRANT OF LETTERS Estate of GLADYS L. WISER also known as No. 21-0 7 ()~ To: Register of Wi! s for the County of Cumberland Commonwealth of Pennsylvania . deceased. Social Security No. 177 -24-7196 The Petition of the undersigned respectfully represents that: Your Petitioners, who is/are 18 years of age or older and the Executrix named in the Last Will of the above decedent dated February 13. 2006 , and codicils dated none . The Executor named none died . Renunciations for none attached hereto. Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at 100 Cleversburg Road. Southhampton Township Decedent, then ---.BL years of age, died Care Center March 18 , 2008, at Shippensburg Health Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the Will offered for probate; was not the victim of a killing and was never adjudicated incompetent: 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 PA (If not domiciled in PA) Personal property in County ValuE~ of real estate in Pennsylvania, situated as follows: 100 Cleversburg Road. Shippensburg, $2.500.00 $ $ $115,000.00 WHEREFORE, Petitioners'respectfully requests the probate of the Last Will and Codicil(s) presented herewith and the grant of letters testamentary thereon. Signature(s) and Residence(s) of Petitioner(s): 2&'I0-~'-K P,l .l{ k- C) S:;o "" :"."'i:J:J ,'- v ~ds;P ., ~~_: ~IJ OATH OF PERSONAL REPRESENTATIVJh~ : )O-n ,-.. c:: COMMONWEALTH OF PENNSYLVANIA ~~ :t> Linda K. Ruth 5201 Gibson Hill Rbad Edinboro, PA 16412 814-734-1528 S5 COUNTY OF CUMBERLAf':JD l'~ c:;;;';J ,~. = :L~ -0 :::v 0':) -0 ::J: W -C'" N 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 of Petitioner(s) and that as personal representative of the above decedent, petitioner(s) will well and truly administer the estate according to law. Sworn to or affirm~nd subscribed Iv .\{/~ 1< 1'5t., flL ~ me tI1is I day of , 008. Linda K. Ruth No. 21-08- Estate of GLADYS L. WISER , deceased. DECREE OF PROBATE & GRANT OF LETTERS AND NOW. April l.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 February 13, 2006 described therein be admitted to probate and filed of record as the Last Will of Gladys L. Wiser ; and Letters Testamentary are hereby granted to Linda K. Ruth FEES Probate, Letters, Etc. . . . . . . . $ 260.00 Short Certificates(-3- ) . . . . $12.00 Renunciation(s) .. . . . . . . . . . $ JCP . . . . . . . . . . . . . . . . . . . . $ 10.00 Automation Fee. . . . . . . . . . . $ 5.00 Other. Will . . . . $ 15.00 TOTAL: .... $ 302.00 Filed........................... . . cH lase s. 8 4 T NEY (Sup. Ct. 1.0. No.) 54 Alexander Spring Road, Suite 1 Carlisle. PA 17015 ADDRESS 717 -249-6333 PHONE ("") .S;o :.". ::0 fTl-u "TIO "." )::>r- .~--:z~ :;,.. (/) ::;;.:' C5 C) C; ,-) (~ il !-"c- >.., :Xi :::0--1 )> I"'V = = = ;Do v :AJ co u -!~ w r N HI05.805 REV 111]1071 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this c€rtificate, $6.00 P 1.4235131 This iJ to certify that the information here given i correctly copied from an original Certificate of Deat duly filed with me as Local Registrar. The origim certificate will be forwarded to the State Vit, Reco fice for per filing. Certification Number H1l15.143 REV. 07tllI06 TYPE IPRM fj I'ERIINI8iT IUQ( N< 1-.\0 '(L\ ~l\ (") ~O ~:3;;:g iJ :r: (") ") -. - '-rn .~, -.::: -lJ (f) >< 00' . 'lO"'l ijC .- ::0 '" = = = :r;:.. -0 ::::v ro 7. .11*0' 0-.. OOlhor.Spocify: 10.~__.__.el::. W'lite COMMONWEALTH OF PENNSYlVANIA. DEPART1IIENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH FebruaJ:y 26,1930 Greencastle Pa. ~\ lib. r...nr <1-. OmDer1and Ill. F...,....(lIllII~g;,e_n......, Sh:4;pensI:urg Health Care Center 11.-'UouoI _<I kllolllll__ Beamer ~~ 1klf:m::<I=1ldJoIry 16._-,_~cIy'__lipcodo) 100 ClEwershIrg Rd. SIifpensblrg Fa 17257 12. Woo__~'" u.s.__ Ov. E1No ~ ~ RIIidera 17a s.e Fa 1'11:.Ei1 v.._~~Southamotcn Two. 17d. 0 :...eo::<lu.- Twp. 17b.Clu1lJ Ollli-PrlBnd Cily/- lB. -.-(FiIt._.....dIl Ed]ar ~r. Lei.di.g 310. __ lfp'PlH) Linda K. Ruth 19.__(FiIt.__-J Catherine M. Hykes D. --.-lShot.cIy'-'_Iip_l 5201 Gibeoo Hill Road E'dinboro Fa. 16412 2t~ _<l~(Non<l_.-"'*"J"_pIIoo) 2td. l..-.{CIlrI-'_.Iip_l ~ ~ 9nithshIrg CraIatariun 22t. NllnBn_<lF1dIy -Bricker FUneral Ik:me Inc. 9nithshIrg M:j 21783 AilIm*llIIIe_: Onoo!u -. PIlI It Er*r oIJer Ii:DIDn anIIirnt mrtiI.... b dl!aIIh bullll11.....~...IIllilItyi1g_gMr1~PlrtI. 211. DId T oboot:o lJoe ConobJ1o U 000Ih? Ov. O~ o No 0 U'*nown 29.1_: o Not__postlOO< OP/ognlnlolllme<ldeolh o Not_bul_wIlh~Gdays DI- D Nol_bul_43daysu1lOO< <1_ OU""-w__1Ilepostyeer 32t. _<l~:_.F,"",._FadD!y, ObIluilng.eIc.(SpodryJ ==~=--+ & ...utJ.'I.E...!~ A Ai {)J /1/ (r 12 j .. L-/I/Etfl- IVlF7/1{T~.J) Co ......I.."fJ-r7l'f; 0 f2- A 7 I oN Due 10 (or _ .lXlfII1Iq.... J. d. ~1II_,'rnt. mClMelllldmha. EnIIlr _YII&CIoIJSE =-..:=.'=.e,~~ Ov. ~ Ov. ON<> K1- D- O- O~......... 3al. T....<I~ 0- OClUdNotbe~ 3711. l..-.<lI>1o>Y(SRoI.clIy/_._1 300. Woo.. A'*'PoJ _.."d? n. -Al*lpofAndivs __u~ <lCouoeGlIlllolh? 31. ......<l1looIl i u ~ o I 32f.rr~~(S!Iocijj O-"'~ 0"- 0- M. Ocr.. Spody. 33a ~(-criy"" D>. SVllUo . ~~"=:='''::''~:-'';~~~~~~_-:~_m_m___m____MJ .. M Q . ~_"""""'-~baIJ~_n...w,qu_<l_) :no u... 33d -SIgnod(Monlh cloy l'8)...., . ===--....-.-..........-....tho......I....---""'R<l..__m______m___.D M 0 t;'f'17S I L- 3' I q : ;, 't OnIho_fII__,rw ...., _oIthotlmo._.............d............)ond_.""'ft_.D 34 NllnBn~<I_Who~CouoeDl~t2~TIP"IPrirt 35.Ilogion'5SVllUon - _ 36_Fiod<-.doJ.JlII! ~~rl~';.tk;vjj'(.~VE' ttJ/'IMIlGt2J(j(/R6- ~ 121/1:z.1/1~1 .2.P.U~shn OJ ~ J77o) (See instructions and examples on reverse) f\:rlh:-t '1:f' 00 76 / 9 b LAST WILL AND TESTAMENT of Gladys L. Wiser I, Gladys L. Wiser, currently residing at 100 Cleversburg Road, Shippensburg, 17257, Cumberland County, Pennsylvania, being of sound mind and memory, declare this to be my last will and testament, hereby revoking any and all prior wills and codicils. Disposition of Remains FIRST: I direct that my body shall be buried in accordance with directions provided by my executor herein named at a pre-arranged burial lot next to my husband, Ward Wiser. Distribution of Personal Property SECOND: I give and bequeath all personal and real property in accordance with the Distribution of Residue clause below. Distribution of Residue THIRD: The rest of my estate, both personal and real, I bequeath to my seven children, N.IDcy L. Wright, William E. Wiser, Tommy R. Wiser, Samuel E. Wiser, Clay A. Wiser, Roy E. Wiser, Linda K. Ruth, to share and share alike. Anti-Lapse Provisions FOURTH: If any gift herein fails to vest with the designated beneficiary for any reason, the:n if the predeceased beneficiary has living biological children at the time of my demise, then the gift shall pass to said living biological children in equal shares; if the predecease~benefici~has no living biol~gi~al children ~t the time of my demis:, then the gift shall be shar~~ually among all my beneficIanes of the reSIdual clause to whom gIftS have vested. FE{:::o <J ;; ,:g ~ r- :::0 '" 2: ill ': 0::::0 f':J~^ co ~'oo ....,..., o c:: 1'1 ::iC ~ :::0 :;g --j s> .e:- N INITIALS )J ~ 0 Page 1 of5 Minors and Incapacitated Beneficiaries FIFTH: Unless otherwise specifically stated within a bequest herein, if any income or principal shall be payable to any person who shall be a minor or who shall be incapacitated for any rt:ason, my executor as trustee shall hold such income and principal and distribute to the beneficiaries in accordance with the Uniform Transfers to Minors Act. The trustee shall be entitled to apply such income and principal to the health, maintenance, support and education of such person during minority or prior to the time of distribution noted above without the appointment of any guardian or committee or any authority of court. My executor as trustee shall be entitled to make direct payment of income and principal to the parent or other person in charge of such minor or incapacitated person, or to his or her guardian or to a custodian under the Uniform Transfers to Minors Act. My executor shall have the power to establish a trust with a recognized bank or trust company to carry out the foregoing functions in part or in whole. The selection of such bank or trust company shall be at the sole discretion of my executor. My executor shall have the authority and power herein to appoint someone else as trustee of any trusts established herein, and said appointed tmstee shall have all the rights herein stated. Payment of Burial Expenses and Death Taxes SIXTH: All expenses of my last illness, my funeral and burial, and administration of my estate are to be paid from assets of my estate. I expressly state that I do not prefer an overly expensive casket as I view that expense as a waste of money. All estate, inheritance and other death taxes, together with interest and penalties on them, payable with respect to property or interests subject to taxation by reason of my death and whether passing under my will or any codicil thereto, or otherwise, including jointly held and other non-testamentary property shall be paid out of the principal of my residuary estate without apportionment. Powers of Executor SEVENTH: I confer on my executor the right to sell or otherwise convert any real or personal property at public or private sale, at such time or times, in such manner, and for such price or prices, and on such terms and conditions as my executor shall determine, and to execute and deliver good and sufficient conveyances, assignments, and transfers ofthe property, without liability of any purchaser for the application of any consideration; to borrow money and to secure its payment by mortgage of real or personal property, pledge of investments, or otherwise, without liability on the part of the lenders to see to the application thereof; to retain any investments at discretion; to invest and reinvest at discretion, without restriction to so-called "legal investments"; to make distribution in cash or in kind; to allocate and distribute different kinds or disproportionate shares Page 2 of5 INITIALS ~ ~ &) of property or undivided interests in property among beneficiaries, in cash or in kind, or partly in each; and to do all other acts and things necessary or appropriate in the management, administration and distribution of my estate. Appointment of Executor EIGHTH: I appoint my daughter, Linda K. Ruth, ofEdinboro, Pennsylvania, as personal representative, executrix, of my last will and testament. If for any reason she is unable or unwilling to qualify as executrix or having qualified is unable or unwilling to act, then I appoint my son, Tommy R. Wiser, as my executor. Waiver of Bond NINTH: I direct that no fiduciary hereunder shall be required to furnish bond in any jurisdiction, and if any bond is necessary, no surety shall be required. Interchangeability of Language TENTH: Words used in the singular may be read to include the plural or the plural may be read as the singular. Similarly, the masculine form may be read to include the feminine and neuter; the feminine may be read to include the masculine and neuter; and the neuter may be read to include the masculine and feminine. Executor and executrix shall be interchangeable and read as is consistent with the use within the context contained. Headings ELEVENTH: The headings used on the various paragraphs of this will are included for convenience only and shall have no legal significance. I have signed this Last Will and Testament this )"3 day of ~ ~ I ,2005. )J2~(:J()~ Gladys L. lser Page 3 of 5 INITIALS )! t tJ Acknowledgment Commonwealth of Pennsylvania County of Cumberland ) ) SS ) On this, the W"dayof A.bruo,[J.~ , 2006, before me1f!el/'><5tJ- !( aJdo~ , the undersigned officer, personally appeare Gladys L. WIser, known to me or satisfactorily proven to be the person whose name is ascribed to the foregoing document and that she executed the same for the reasons therein contained. Z I have Signe. d my name and affixed my seal. '-1,:/ ~/~ Nptary Public, My Commission Expires r N' I ,. otanal Seal ~h lv1ellssa R. Wi/son, Notary Public I ~ Ippensburg. 801'0, Cumberland County _.~.~ Commission Expires Feb. 15,2006 . """DnR' PennsVlvarua Association ot Notanes Page 5 of 5 INITIALS Jj t. &) ~1f::-<<~ Witness: I,"'J S Ae ~ Id Address: ? ~.90'l (.(),,~ Cr"e.:-.VkJ b./ fA- O~'I ~j Witness:'])Qw~ S~..m&C/ Address: 303 S. C'lll<<.., 'S"+-. Sh"Pf6'\S~~'\ -fir /7~S 7 Acknowledgment and Affidavit Commonwealth of Pennsylvania, County of Cumberland We, the testator in and the undersigned witnesses to the Last Will and Testament, the attached or foregoing instrument, who have signed the instrument, having been qualified according to law do depose and say: (a) that I, the testator, do hereby acknowledge that I signed the instrument as my Last Will and Testament, that I signed it willingly and as my free and voluntary act for the purposes therein expressed; and (b) that we, the witnesses, were present and saw the testator sign and execute the instrument as the testator's will, that the testator signed it willingly and executed it as the testator's free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the testator signed the will as a witness and that to the best of our knowledge the testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. c!6~~ iJ~ Gladys L. iser ~~~ [toess ~. ~;u Page 4 of5 INITIALS .11 t (J