HomeMy WebLinkAbout04-22-08
Estate ot
PETITION FOR PROBA TE AND GRANT OF LETTERS
REGISTER OF \VILLS OF CJ m b Q It ti.-VL of.. COUNTY, PEl'.'NSYL V ANf.;.
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File Number
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r\olLll /l ~ L 0 (e .H ~
also known ,10
, Deceased
Social Security Number D q q - 1 Y - tJ :J.g q
Petitioner(sL who ishr~ i8 years of age or older, apply(ies) for:
(COMPLETE '.-1' or '13' 13IJ0 W:)
1;2(,\. Probak ;Jilt! Grant of Letters Testamentary and aver that Petitioner(s) is! are the
last '-'ill! of tiE Dw;cknt dated ),)\'1 I g: lqqq and codicil(s) dated
[ X. -e C L.r\- <9 "
named in the
(State relevant circumstances, e.g., renunciation, 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 instlllment(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
o B. Crant of Letters of Administration
(Ifapplicable, enter: c.t.a.; d.b.l1.c.t.a.; pendente lite; durante absentia; durante minoritate)
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Petitioner(s) after a proper search has I have ascertained that Decedent left no Will and was survived by the following sPo~Sany) and~rs: (If
Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete Iisl of heirs.) ~;;g ~
c
Name
Relationship
i)
I
her last principal residence at
Decedent, then
'8" l(> years of age, died on'~ 5; dO 07 at 7: 00 4VV1..
Decedent at death owned property with estimated valllcs as follows:
(If domiciled in P A) All personal property
(If not domiciled in P A) l.~ L.,., a Personal property in Pennsylvania
,
(If not domiciled in P A) Personal property in County
Value of real estate in Pennsylvania
$ J'1 t", ()OO
$ Cf 0: 00 C> ,00
$
$
situated as follows:
Oa..", ks
a (/1 d. tfD. f\
[) tJ cYu, () ()
WherefOl"e, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Pe . ion and the grant of Letters in the appropriate form to
the undersigned:
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Ty ed or printed name and residence
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Fo,.,,, R W-(}] rep. 10 13 06
Page I of2
Oath of Personal Representative
COMMONWEALTH ur PENNSYLVANIA
COUNTY or ~, ~J
SS
The l'eti!.iCllen,1 cl0<)\':"!Ul:i.:d ~'.'.eat(s) L1f ,:'linn(s) that the statements in the foregoing Petition are tme and conect to the best of
lh,~ ~ ih)V. !cd~;e wild bellei' of Petitioner( S) and tbt, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Sworn to or affi:-med and subscribed
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before me the
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Sigllutul'e q( Personal Rl2presentative
Signature of PersoNal Representative
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/-)de It ne. [orella.. !-less e
Social Security Number: 0 qCf J '-I O~ ~
, 2008
File Number:
Estate of
, Deceased
I ~ J~s- /';;007
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Date of Death:
AND NOW,
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, in consideration of/he foregoing Petition, satisfactory proof
T<f.S to...mM 1il flj
having been presented before me, IT IS DECREED that Letters
are hereby granted to Da.nCL Xucet
and that the instrument(s) dated &pienJ.her B 1917
described in the Petition be admitted to probate and filed of recor
FEES
Letters ,.., .?/f/j{, 9~~. $
Short Certificate(s) . .s. . . . $
Renunciation(s) ..,....... $
0/~ $
-.Je $
(k..fo $
$
$
$
$
$
$
TOTAL. . . . .. .... _ .. . $
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20"0
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Telephone:
L-f /600
Form RW-1J2 rev /0./3.06
in the above estate
Page 2 of2
H]0:1.80) REV (0]1071
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6,00
P 14124724
Certification Number
This is to certify that the information here given i
correctly copied from an original Certificate of Deat:
duly filed with me as Local Registrar. The origina
certificate will be forwarded to the State Vita
Records Office for permanent filing.
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ocal Registrar
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H105-1-l3 REv 112000
TYPE' PRINT IN
PERMANENT
BLACK INK
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and examples on reverse)
1. Name 01 D8cl:l1enl~ {FirS!' middle, Iasl, sulfix)
Adeline Loretta Hesse
5 Age (LaSI Birthdajl)
13, Decedent's Educa\iQn (Spec-ity only l'1igheslgrade completed)
Elementary I Secondary ((}.1Z) College (1.4 or 5+)
12 4
PA
Cumberland
6, Dale 01 81rth (Monlh, day, year)
7 Birthplace (Ci
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3. Social Securily Number
099 - 14 -0289
14, Mlntal Stalus: Married, Neve, Married
Widowed, Divorced ($p9c/fIJ
Widowed
Did Decedent
lweirra
Township?
17c.~ Yes, Deceaenlllved In
17d.D No, Ckcedenllived within
.fo.t\ual limits 01
86
Yrs
June 30, 1921
New York, New York
Sa. Place of Death (Check. only one)
Hospital: Oth6r
o lnpallenl 0 ER J OtJtpatienl 0 DCA 0 NurSing Home 0 ReSidence DOlhar. SpeCIfy
9 Was Decedent 01 Hispanic OriOln? aNa 0 Yes 10 Race Amencan Irldian,S1ack., Wtute, ete
:::::;:;:~:~ '''I ISpec'fj1 White
&b, County of Death
Cumberland
ad, Facility Name (II not inslilu1ion, gi'Je street and number)
Country Meadows Retirement Home
12, Was Decedent ever in Ule
U,S. Aimed Forces?
~" DNo
Decedent's
Aclual Residence 17a State
11 Decedent's Usual Dee lion Kind 01 work dorle dllrin mast of work Ille, 00 nol slate relirea
I<lnd 01 Work Kind of Business I Industry
Artist Art Production
. 16 Decedenfs Malling Address (&reel, city flown, slale, zip code)
1784 South Meadow Drive
Mechanic:sburg, PA 17055
17b, County
19_ Molher's Name (Firs!. micUe, maiden surname)
Emma Maselli
18 Fatner's Name (First middle, last, sufllX)
James Vincent Bennintendi
Twp
Cilylf\O(o
Diana kucek
2Qb. Informanrs Mailing Address (Street, city floWn, ~. zip code)
1784 South Meadow Drive Mechanicsburg, PA 17055
208 Informants Nama (Type f Print)
21c_ Placfl ot ~ {Name of cemet9l), Clema\oI'y Of other place)
Conolite Crematory
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21d_localioo(Cityllown,SI.ilte, llpcooal
Schaefferstown, Pa. 17088
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22c. Name and M:lress of Facility
Myers Funeral Home, Inc. 37 East Main Street Mechanicsburg, PA 17055
Iiams 24.2i) must be compleled by person
. v,hii ;rooounces dealh
Sequentially ~sl condillOOS, II any,
~~1:1~0 :N'o~Rty~~AU~ a
(\1lSedstl or InjUI)' lhat ,nlllalOO lhe
~vel'\\s IllSllIIm9 III death) UST.
Due 10 lor as a consequence 01)
I AppfOxunale mlervat
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Due 10 Of as a consequence 01):
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30a Was an Autopsy
Pelkllned?
JOb Were Aulopsy Findings
.6.1IC1ilablePriot\oComple\lon
01 Cause o! Dealtl?
31, Manner 01 Dealh
MNalllral o HollHCI(le
o ;l..cudeot 0 Pi::ndmg lnvesligalion
o SUIClue 0 Could Nut be Determined
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32d Time 01 \fljury
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33a Certllier (cnec~ only onel
CQrti~in~ ph~5ic~ (f'l\Y'i.\C\3l'. cert\\yw.g, ca.u-:.e 01 dtlaUl when "fIlJIl1C,l ph)'$I(Ii.ln hil.!> pforlOUI1CBd ooJ.lr, and completed lll:rTl 23)
To lhe best (It mw knowl.ctge. death OCCUf'fed dut 10 lhe cause('l and manner as stated-, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
~~~n:U:;~~I/;~ :~~:~J:~~~:::r~I~~ ~;t~i=~~~~~n:'l~e~~~~~~f~~~i~~:~~:~:~a.~ manner as alaled_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0
~::~:11~~::~:= arn:t I QI" in~estl9a\ion. in my opinion, de;]th Dtcurted ill tllt! lime, dale. and place, and due 10 lhe cause(s) and manner n staled_ [J
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Pelt! II: Enler other coodilions contributina IQJlutb
bull)O\ resulting in ltIe IJI"Iderlying cause gi~BIl in Part I
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329 localion ollfljury 1St/eel, city Ilown. !>i<I\e1
28, Old Tobacco US& CGOlnbute 10 Oeatil?
D y" DP,obal>ly
o No u;f Unknown
29 "Female
o NotpregllantwllhlOlpasl,6af
o Pfegoanl allime 01 dealh
[] I-kJlpll9f'dfll,ltulj.JIl:!jUdlllWlltufl420il/l>
oIde,,1tI
o Not pregnanl, but pregnafll 43 days to 1 Veal
belOledealh
o UnknOwn if pregnanl Within the past year
32c P\ace of l'lfLlry: Home Fijfffi, Streel. Factory,
Office BUlking:, file, (Specify)
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I, ADELINE L. HESSE,. of Ocala~ the. County of Marion, St~~~f ..,..,.
Florida, being of sound mlnd and dlsposlng memory, do herebY:~rske, 5:
publish and declare this my Last Will and Testament, :li!-~eby '!?
revoking and annulling any and all former Wills and Codicil~DY me ~
at any time heretofore made.
LAST WILL AND TEST AMIDIT
OF
ADRUNE L. HESSE
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ARTICLE I
I direct that my Personal Representative, hereinafter named,
to cremate me in accordance with my then station in life.
ARTICLE II
I direct that my Personal Representative, hereinafter named,
pay all of my just debts, lawful expenses and funeral expenses as
soon after my demise as may be practicable and expedient.
All estate, inheritance, legacy, succession and transfer
taxes, including any interest and penal ties thereon, becoming
payable because of my death with respect to the property comprising
my gross estate for death tax purposes, whether or not such
property passes under this Will and whether such taxes be payable
by my estate or by any recipient of any such property, shall be
paid out of my general estate (i. e., the estate subj ect to
administration by my Personal Representative) as if such taxes were
my debts, and my Personal Representative, hereinafter named, shall
not seek reimbursement or contribution from any recipient of any
such property.
ARTICLE III
If I shall leave a written list of tangible personal property
items with the names of persons to whom they are to be given, and
that list is dated and signed by me, I hereby devise said items to
said persons as though each item and recipient were named herein,
and direct my Personal Representative to deliver said items to the
named recipients as soon as it can reasonably be done. Should there
be more than one list, and the provisions of one conflict with
those of another, the list of most recent date shall be
controlling.
ARTICLE IV
I hereby give, devise and bequeath all the rest, residue and
remainder of my property, whether real, personal or mixed, of
whatsoever kind or character and wheresoever situated, to my
1
beloved I-rusband, EDWIN F. HESSE, absolutely and J.n fee simple
forever.
In the event my beloved Husband, EDWIN F. HESSE, predeceases
me or we both perish as the result of a common disaster, I hereby
give, devise and bequeath all the rest, residue and remainder of my
property, whether real, personal or mixed, of whatsoever kind or
character and wheresoever situate to my beloved children, DIANA
HESSE KUCEK of Mechanicsburg and MYRNA HESSE HILL of Oceana, West
Virginia and any afterborn children of mine, in equal shares, share
and share alike, per stirpes and not per capita.
ARTICLE V
Should my Husband, EDWIN F. HESSE, and I die in such a manner
that it is impossible to determine who died first, it shall be
conclusively presumed that I survived my husband.
ARTICLE VI
I hereby nominate and appoint my beloved Husband, EDWIN F.
HESSE, as Personal Representative of this my Last Will and
Testament, and direct that he shall not be required to furnish any
bond or other security for the faithful performance of his duties.
In the event my beloved Husband, EDWIN F. HESSE, is unable to
serve as said Personal Representative or declines to so serve, I
hereby nominate and appoint my daughter, DIANA HESSE KUCEK of
Mechanicsburg, Pennsylvania, as alternate Personal Representative,
and I direct that said alternate Personal Representative shall also
be allowed to qualify and act as such without being required to
give bond or other security whatsoever.
ARTICLE VII
I hereby grant to my Personal Representative with respect to
any and all property whether real or personal, of which I am the
owner at the time of my death, or which shall at any time
constitute a part of my estate, and to my Trustee with respect to
any and all property, whether real or personal, which at any time
constitutes a part of any Trust, if any created hereunder, the
following powers, in addition to those conferred by law:
(a) To retain any such property as an investment without
regard to the proportion which such property or property of a
similar character, so held, may bear to the entire amount of my
estate, or of the Trust, if any, in which such property is of the
class in which fiduciaries are authorized by law or any rule of
Court to invest such trust funds.
(b) To sell such property at either public or private sale
for cash or on credit; to exchange such property and to grant
options for the purchase thereof.
2
(c) To operate any business forming part of my estate or any
Trust hereunder.
(d) To invest and reinvest in property of any character,
whether real or personal, foreign or domestic, including, but
without limiting the generality of the foregoing, bonds, notes,
debentures, mortgages, common and preferred stock, shares or
interests in investment trusts, without being limited to the class
of securities in which fiduciaries are authorized by law or any
rule of Court to invest trust funds and without regard to the
proportion which any such property or property of similar character
held by my Personal Representative may bear to the entire amount of
my estate or of the trust, if any, in which such property is held.
(e) To consent to and participate in any plan of
reorganization, consolidation, merger, combination or other similar
plan, and to consent to any contract, lease, mortgage, purchase,
sale or other action by any corporation pursuant to such plan; to
deposit any such property with any protective, reorganization or
similar committee, to delegate discretionary power thereto, to pay
out of it expenses and compensation and any assessments levied with
respect to such property and to charge such expense, compensation
or assessments to principal and income.
(f) To exercise all conversion, subscription, voting and
other rights of whatsoever nature pertaining to any such property
and to grant proxies, discretionary or otherwise, in respect
thereof.
(g) To manage any real property in the same manner as if the
absolute owner thereof, including but not by way of limitation, the
power from time to time to lease, or grant options to lease, any
such real property for any term or terms, although any such term
may extend beyond the probable duration of any trust under this
Will, without application to any court; and to enter into any
covenants or agreements relating to the property so leased, or any
improvements which may then or thereafter be erected thereon, to
make ordinary and extraordinary repairs and alterations to any
building, to raze old buildings and to erect new buildings and make
other improvements; to insure against loss by fire or other
casualties i to make partition or enter into any agreements of
partition of any real property, which, or an interest in which,
shall at any time constitute part of my estate or any trust under
this Will, even though my Personal Representative may hold an
interest in the same property in some other capacity, and to give
or receive money or other property for equality or partition.
(h) To allocate in whole or in part, to principal and income,
all receipts and disbursements for which no expressed provision is
made hereunder.
(i) To borrow money and to pledge or mortgage any such
property as security, including the power to borrow from my
Personal Representative at the prevailing rate of interest.
3
(j) To appoint agents to act and to delegate discretionary
power to such agents.
(k) To extend the time of payment of any obligation and to
compromise, settle or submit to arbitration upon such terms as my
Personal Representative may deem advisable, or to release, any
claim in favor of or against my estate or any trust, if any,
created hereunder.
(1) To allocate to two or more trusts, if any, under this
will an undivided interest in one or more properties or blocks of
securities, including stocks.
(m) To cause any securities or other property to be
registered and held in the name of a nominee or in the name of my
Personal Representative without the addition of any word or words
showing their fiduciary capacity, or bearer form.
(n) To satisfy any general legacy or any part thereof by
delivering property in kind; and in the division or distribution of
my estate or of any trust fund, or any part thereof, to make
partition, division or distribution of property in kind; and for
any such purpose to determine to the extent permissible by law the
value of any such property.
(0) To exercise any stock options which I may own at the time
of my death and to retain as a part of my estate the stock
purchased on the exercise of such options and to exercise all other
powers in respect to such stock as though such stock had formed
part of my estate at the time of my death.
(p) To receive additional property from any source and add it
to and mingle it with the trust or trusts, if any, created
hereunder.
(q) To join in or consent to income and gift tax returns
filed with or by my surviving spouse and to pay any part or all of
the income or gift tax due upon such tax returns.
(r) To determine whether to claim deductions available to me
or to my estate tax or on income tax returns without thereafter
making any adjustment between income and principal on account of
any such determination.
(s) To do such acts, take all such proceedings and exercise
all such rights and privileges, although not hereinbefore
specifically mentioned, with relation to any such property, as if
the absolute owner thereof, and in connection therewith to make,
execute and deliver any instruments and to enter into any covenants
or agreements binding my estate or any trust under this Will.
(t) My Personal Representative shall have all the power and
authority which I could give and grant unto them under the laws of
the State of Florida as fully and completely as if all of said
4
powers and all of such authority were hereby enumerated and set out
in detail.
ARTICLE VIII
My Personal Representative shall not be liable for loss,
damage or shrinkage in value of any property in my estate except in
the case of failure to exercise ordinary business-like care and
prudence.
ARTICLE IX
This instrument shall be governed by the laws of the State of
Florida as they exist at the date of execution of this Will.
ARTICLE X
Except as otherwise herein provided, I direct that payments to
all beneficiaries shall be made to such beneficiaries in person or
upon their personal receipt and to no one else.
IN WITNESS WHEREOF, I sign, seal, publish and declare this
instrument to be my Last Will and Testament, in the presence of the
persons witnessing it at my request, on the 8th day of September,
1997.
4~~1~~ #tV# L
Adel . S
The foregoing instrument was signed, sealed, declared and
published by ADELINE L. HESSE, the above named Testatrix, as her
Last Will and Testament, in the presence of us, the undersigned,
who, at her special instance and request, in her presence and in
the presence of each other, have subscribed our names as witnesses
after said Testatrix has signed her name thereto this 8th day of
sePte~~ of fL
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of
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STATE OF FLORIDA )
)
COUNTY OF MARION )
We, ADELINE L. HESSE, Theresa A. Reth ,
and r.nrtrlpn~ Rrink , the Testatrix and
the witnesses respectively, whose names are signed to the attached
or foregoing instrument, being first duly sworn, do hereby declare
to the undersigned officer that the Testatrix signed the instrument
as her Last Will and Testament and that she signed voluntarily, and
that each of the witnesses in the presence of the Testatrix, was
at that time eighteen (18) or more years of age, of sound mind, and
under no constraint or undue influence.
<A>L{~,~~;I .;I,! j;~fY<-
Adeline L. Hesse ( ...
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Witn~s ~
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Witness
STATE OF FLORIDA
COUNTY OF MARION
The foregoing instrument was acknowledged before me this 8th
day of September, 1997, by ADELINE L. HESSE
who is personally known to me
x] who has produced
as identification
F]nrjrL:'l nrivpr'!'=: T,irpnsp
and who [ X] did
Theresa A. Reth
did not take an oath
and
Charlene Brink
x] who are personally known to me
who has produced
as identification
and who [ x] did
(Seal)
did not take an oath
fdnvk~&JfJwJ
Notary Public, State of Florida
My commission expires:
6
:\~~v Pu~ OFFICIAL NoTARY SEAL
o 'C- PAMELA ANN BUTCHER
~..I <; COMMISSION NUMBER
':!? ~ ~ CC470594
'1<- ~ MY COMMISSION EXP.
OFF'-O JULY 181911