HomeMy WebLinkAbout07-03-08PETITION FOR PROBATE & GRANT OF LETTERS
Estate of GAYLE V. NICKEY No. 21-Ok~070y
also known as To: Register of Wills for fhe
deceased. County of Cumberland
Social Security No. •174-05-0120 Commonwealth of Pennsylvania
The Petition of the undersigned respectfully represents that:
Your Petitioners, who is 18 years of age or older and the Executrix named in the Last Will of the above
decedent dated August 6, 1991 ,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 914 West North Street. North Middleton Township Carlisle
Decedent, then 98 years of age, died May 25 , 2008, at Thornwald Home, Walnut
Bottom Road, Carlisle, Pennsylvania
Except as follows, decedent did not marry, was not divorced and did not have
after execution of the Will offered for probate; was not the victim of a killing and was n
incampetent:
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:
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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):
Ma A eibert
240 Harvest Drive
Carlisle, PA 17013
717-243-6011
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss
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 affir ed nd subscribed
re a this ~_ day of
2008.
Register
~ av A. Seibert
0
No. 21-08- 0~~~
Estate of GAYLE V. NICKEY ,deceased.
DECREE OF PROBATE & GRANT OF LETTERS
AND NOW, July , 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
AuQUSt 6, 1991 described therein be admitted to probate and filed of record as the
Last Will of Gavle V. Nickey ;and Letters Testamentary are hereby granted to
May A. Seibert
of Wills
FEES
Probate, Letters, Etc........ $ 210.00
Short Certificates(-3- ) .... $12.00
Renunciation(s) ....... .... $
JCP ................ .... $ 10.00
Automation Fee ....... .... $ 5.00
Other Will .... $15.00
TOTAL: .... $ 252.00
Filed ................ ............
UGHES PC
ATT NEY (Sup. Ct. I.D. No.)
35 Alexander Spring Road, Suite 1
_/~ ADDRESS
717-249-6333
PHONE
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1 nS,ft05 REV (01!071 ~L~'~.,%~~~~P„i7
LOCAL REGISTRAR'S CERTIFICATION OF DEATHI
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00 „r/~~"'°"-----. This is to certify that the information here given is
~' ~jH OFp
y3ynl~'~~,p _ _ FNy~ _- correctly copied from an crig:inal Certificate of Death
ease o'L` - ~ duly filed with me as Loyal Registrar. The original
d~r~ ~ - -r za certificate will be forw~rc+ed to the State Vital
~ °v - y ~ a ~ Records Office for permanent filing.
,r ' 3t
P 14528918
Certification Number
Local Registrar Date Issued
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H166143 REV 11/1W8 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL RECORDS
TYPE / PRINT IN
PERMANEM CERTIFICATE OF DEATf'I
SLACK INK
(See Instructions and examples on reverse) STATE FILE NUMBER
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GAYLE V. NICREY
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I, GAYLE V. NICREY, of the Borough of Carlisle, Cumberland
County, Pennsylvania, being of sound and disposing mind, memory
and understanding, do make, publish and declare this to be my
Last Will and Testament, hereby revoking and making void all
previous Wills and Codicils heretofore made by me.
FIRST
I order and direct my personal representative hereinafter
named to pay all of my just debts, funeral expenses and expenses
involved or connected with the administration of my estate as
soon after my death as is reasonably possible. However, my
personal representative need not accelerate and pay those
unmatured obligations which, in his, her or its opinion, it might
be proper and more advantageous to retain or renew and pay as
they become due and payabie. ~.If I do not od~n a-buria? plot or a
grave marker at the time of my death, I authorize my personal
representative, in his, her or its sole discretion, to purchase a
burial plot and to erect a suitable grave marker at my grave, and
Ito expend sums from my estate for this purpose.
SECOND
I give, devise and bequeath my entire estate, together with
all insurance proceeds thereon, of whatsoever nature and
G:RIFFIE & ASSOCIATES
ATTORNEYS-AT-LAW
200 NORTH HANOVER STREET
CARLISLE. PENNSYLVANIA~~~1~ 1 ~.IA~IIBERSBURG PENNSYLVANIA
LAST WILL .AND TESTAMENT OF GAYLE V. NICKEY
wheresoever situate in equal shares to my children LEE A. NICKEY
and MAY A. SEIBERT who survive me by sixty (60) days. It is
further my desire that my personal representative, after
consultation with any heir or heirs of mine who survive me, and
in his, her or its own discretion. choose such articles from my
tangible personal property (exclusive of cash, stock
certificates, bonds, and all other tangible evidenres of
intangible personal property) as he, she or it believes will be
useful to such heir or heirs or desirable for him or her or then;
to have, either from a sentimental point of view or otherwise,
and to deliver such articles to such heir or heirs or among such
heirs in equal or unequal shares as determined by the further
exercise of his, her or its discretion, provided no other heir
objects to the distribution. All tangible personal property not
so distributed is to be sold, either publicly or privately, by my
personal representative, adding the proceeds of such sale or
sales to my residuary estate and to be disposed of in equal
shares among my surviving heirs after payment of my estate debts,
taking into account the tangible personal property otherwise
provided to them.
THIRD
Should either of my aforenamed children predecease me or die
~, on or before the sixtieth (60th) day following my death, then I
give, devise and bequeath that deceased child's share of my
~ estate which he or she would otherwise have received in equal
S~
shares as follows:
GRIFFIE & ASSOCIATES
ATTORNEYS-AT-LAW
200 NORTH HANOVER STREET
CARLISLE, PENNSYLVANIA 17013
PAGE 2 OF 7
LAST WILL AND TESTAMENT OF GAYLE V. NICKEY
(A) 50$ divided equally among my deceased child's
issue; and
(B) 50~ divided equally among my deceased child's
spouse;
FOURTH
Any devise or distribution under this Last Will and
Testament which is payable to any beneficiary who may be under
18 years of age or, in the judgment of my persona].
representative, mentally disabled, shall be held in a separate
trust by my personal representative as trustee until such
beneficiary reaches 21 years of age or during such period of
disability. In the case of a beneficiary under 18 years of age,
the Trustee may distribute up to one-half (1/2) of the then
remaining principal and accumulated income on the request of the
said beneficiary, at or after attaining 20 years of age; and up
to the entire remaining balance of principal and accumulated
interest at or after attaining 21 years of age. During the term
of any trust created pursuant to this Paragraph, the Trustee is
authorized to expend and apply so much of the net income and
principal of each such trust as the Trustee shall consider
advisable for the health, maintenance, support, and education
(including college education, undergraduate and graduate) of each
such beneficiary until he or she attains 21 years years of age,
or until all such amounts are paid out of trust. I direct that
no Guardian shall be required to give or post bond for the
faithful performance of the Guardian's duties in this or any
GRIFFIE & ASSOCIATES
ATTORNEYS-AT-LAW
200 NORTH HANOVER STREET
CARLISLE, PENNSYLVANIA 17013
PAGE 3 OF 7
LAST WILL AND TESTAMENT OF GAYLE V. NICKEY
other jurisdiction.
FIFTH
I grant my personal representative the following powers in
addition to and not in limitation of such powers as my personal
representative shall hold by law:
(a) To retain all property received including the stock of
any corporate fiduciary acting hereunder, provided such
property remains productive.
(b) To join in any corporation, partnership,
recapitalization, merger, reorganization or voting
trust plan; to delegate authority with respect thereto;
to deposit investments under agreements and pay
assessments; and generally to exercise all rights of
investors, including but not limited to, the voting of
shares.
(c) To manage, operate, repair, improve, mortgage or lease
on any terms any real estate held or owned by my
estate.
(d) To operate any business that I may own at my death.
(e) To invest any funds of my estate in any stocks, bonds,
notes or other securities or property, real or
personal, without regard to the principle of
diversification or any other statute or general rule of
law in his, her or its absolute discretion, it being my
`~.
intention to give my personal representative the
GRIFF[E & ASSOCIATES
ATTORNEYS-AT-LAW
200 NORTH HANOVER STREET
CARLISLE, PENNSYLVANIA 17013
PAGE 4 OF 7
LAST WILL AND TESTAMENT OF GAYLE V. NICKEY
broadest investment powers possible, providing such
investments do not unnecessarily prevent the prompt
settlement of my estate.
(f) To sell or otherwise dispose of any property, real or
personal, tangible or intangible, at any time forming a
part of my estate in any manner and on such terms and
conditions as my personal representative shall see fit
in his, her or its absolute discretion.
(g) To borrow money for the payment of taxes or for any
other proper purposes in the administration of my
estate, and to mortgage or pledge estate assets as
security.
(h) To compromise claims without court approval including,
but not limited to, any controversies with the United
States of America or the Commonwealth of Pennsylvania
concerning estate and inheritance taxes on any
interests that may pass under this my Last Will and
Testament.
(i) To distribute in cash or in kind upon any division or
distribution of my estate.
/ (j) To undertake any and all acts deemed necessary and
proper by my personal representative for the proper,
~ advantageous and prompt management of the settlement of
® my estate.
GRIFFIE & ASSOCIATES
ATTORNEYS-AT-LAW
200 NORTH HANOVER STREET
CARLISLE. PENNSYLVANIA 17013
PAGE 5 OF 7
LAST WILL AND TESTAMENT OF GAYLE V. NICKEY
(k) In general, to exercise all powers in the management of
my estate which any individual could exercise in the
management of similar property owned in his own right,
.upon such terms and conditions as to him, her or it
may seem best and to execute and deliver all
instruments and to do all acts which he, she or it
deems necessary or proper to carry out the purposes of
this, my Last Will and Testament.
SIXTH
No interest of any beneficiary of my estate, either in
income or in principal, shall be subject to anticipation or
pledge, assignment, sale or transfer in any manner, nor shall any
beneficiary have the power in any manner to charge or encumber
his interest either in income or principal, nor shall the
interest of any beneficiary be liable or subject in any manner
while in the possession of my personal representative for the
liability of such beneficiary.
SEVENTH
_s nominate, constitute and appoint my daughter, MAY, as
Executor of this my Last Will and Tes~ament. In the event my
daughter is deceased, unable or unwilling to serve or shall cease
r
~, to serve for any reason whatsoever, then I nominate, constitute
and appoint my son-in-law, CHARLES as personal representative of
this my Last Will and Testament. I direct that my personal
representative shall not be required to give or post bond for the
faithful performance of his, her or its duties in this or any
GRIFFIE & ASSOCIATES
ATTORNEYS•AT-LAW
200 NORTH HANOVER STREET
CARLISL~~~I~N[~51(~~Al~IA 17013
~~ ~~~
LAST WILL AND TESTAMENT OF GAYLE V. NICKEY
other jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand to this my
Last Will and Testament this ~ day of
~~ 1991.
WITNES
U ~ '
GAYL NICKEY
GRIFFIE 8e ASSOClA7ES
ATTORNEYS-AT-LAW
200 NORTH HANOVER STREET
CARLISLE, PENNSYLVANIA 17013
PAGE 7 OF 7
LAST WILL AND TESTAMENT OF GAYLE V. NICKEY
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
. SS.
COUNTY OF CUMBERLAND
I, GAYLE V. NICKEY, the Testatrix whose name is signed to
the attached or foregoing instrument, having been duly qualified
according to law, do hereby acknowledge that I signed and
executed the instrument as my Last Will and Testament; that I
signed it willingly; and that I signed it as my free and
voluntary act for the purposes therein expressed.
GAYLE NICKEY
Sworn or affirmed and acknowledged before me by GAYLE V.
77~
NICKEY the Testatrix this ~~ day of
S , 1991.
~/~iYf"1a~~ ~ l ~~,1 0~ _
Robin J G~.srk: ~ wry Publio
Gar~~~«:~=.~a. ~:~ : ~t~r#arxl County
~4 ,. _ :::'.~~; r t,ft+~,, April ti, 1995
GRIFFIE & ASSOCIATES
ATTORNEYS-A7-LAW
200 NORTH HANOVER STREET
GAR LISLE, PENNSYL~JANIA 17013
LAST WILL AND TESTAMENT OF GAYLE V. NICKEY
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
. SS.
COUNTY OF CUMBERLAND ~~
WE , ~/'o~ ~ e., ~ . (~ ~ ,'ll", P and ~ ~n ~ - f~ the
witnesses whose names are attached to the foregoing document,
being duly qualified according to law, do depose and say that we
were present and saw Testatrix sign and execute the instrument as
her Last Will and Testament; that she signed willingly and that
she executed it as her free and voluntary act for the purposes
therein expressed; that each subscribing witness in the hearing
and sight of the Testatrix signed the Last Will and Testament as
witnesses and that to the best of our knowledge the Testatrix was
at the time 18 or more years of age, of sound mind and under no
constraint or undue influence.
Sworn or affirmed and
subscribed before me by
ares:.dle•} C.. G rf~'~ G and this ~ day of
~ J~ ~5~ 1991.
iJotariai Seal `~/
Robin J. Goshen, Nof~ Rabic , 6-~Z~~-C~~-/
Cr+~"~sb rr^vxo Cumberland County
b`..' gin;~.issMnF~ireSAprif 17 196
GRIFFIE & ASSOCIATES
ATTORNEYS-A7-LAW
200 NORTH HANOVER STREET
CARLISLE, PENNSYLVANIA 17013