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):
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OATH OF PERSONAL REPRESENTATIVJh~
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COMMONWEALTH OF PENNSYLVANIA ~~
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Linda K. Ruth
5201 Gibson Hill Rbad
Edinboro, PA 16412
814-734-1528
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COUNTY OF CUMBERLAf':JD
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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
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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
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COMMONWEALTH OF PENNSYlVANIA. DEPART1IIENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
FebruaJ:y 26,1930
Greencastle Pa.
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(See instructions and examples on reverse)
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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 ;;
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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
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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.
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Nptary Public,
My Commission Expires
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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. &)
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Witness: I,"'J S Ae ~ Id
Address: ? ~.90'l (.(),,~
Cr"e.:-.VkJ b./ fA- O~'I
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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
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Page 4 of5
INITIALS .11 t (J