Loading...
HomeMy WebLinkAbout06-23-08PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Donald N. White File Number ~! (- Q~ - ~(p 73 also known as ecease Social Security 11!3-10-3372 Petitioner(s) wha is/are 1$ years of age or older, apply(ies) for: [ ] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the named in the last Will of the Decedent dated Ma 3, 1991 and codicil(s) dated Christo her J. Nicelv has been a ointed successor Executor to V.-' ame -ce v by the Surrogate's Court of Bronx County, New York. atne tce e ~, executnx a otnte to t e state o ona rte, to av Cc ar tte. executor name m ast wt an testament to eptem er 1 e. g. renunciation, death of executor, Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: [X] B. Grant of letters of Administration 3~1lx.c.t.a. (If applicable enter: c.t.a.; .n.c.t.a.; en ente ite; urante a sentia; urante minoritate) Petitioner(s) after a proper search has/have ascertained Chat Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Decedent then 92 years of aQe died on 5/24/06 at `Vieler Hospital, New York, NY. Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) _ (If not domiciled in Pa.) (If not domiciled in Pa.) Value of real estate in Pennsylvania situated as follows: 144 West Orange Street, ShippensTurg, A Wherefore, Petitioner(s) respectfully request(s) the probate of the last wll and Codicil(s) presented with this PeCition and the grant of Letters in the a ro riate form to the undersi ened: ~ natu v e or ante name an ress ence r~stop er 1 C E Lt•= 1134 W combe Park, Lane, Glenn Daae, MD 20769 i C7 c r 0 `:' c_._ = - ~~ r ' T W ~ ;. _ C7 ~ • . _. _... , , -,~ ~ 3~ ~ ,.._ A --i ~ _ ~ Page 1 of 2 COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her last principal residence at 1161 East 224th Street, New York, New York ( ist street a ress, town city, towns ip, county, state, zip co e) OATH OF PERSONAL REPRESENTATIVE COMMONWEATLH OF PENNSYLVANIA couNTY of CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and corre to the best of the knowledge and belief of petitioner(s) and that as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to 1 Sworn to or affirmed a~d subscribed before me this ~ ~ ~~1 Z~ For the Register ~ry .-, ~ - = ~..._ N ~.' C~ =~ _ -„ ~ - File Number: a ~ - U ~- U[~ 7, 3 }rJ ~ ~ `iJ --1 .. _L> C~ Estate Of Donald N. White ,deceased Social Security Number: ~~~ - ~ (~ - ~3 ~,~pate of Death _~ ~~ y ~~~ hav~n~ been presente befo me, IT IS DECREED that Le to s -~~ ~--~~~ ~~~,~5 ~,-i~ t~,c~., CAA. are hereby granted to Christopher J: ~icel~ r'/+GtL~.Y in the above estate and that the instrument(s) dated May 3, 1991 described in thte Petition to be admitted to probate and filed of record as the las Will (and Codicil(s) of Decedent) FEES Attorney Name Robert G. Frey ~.~ Letters ~~1. (~© Short Certificates Sup. Ct. LD. No Renunciation ~Xern.p CDP,cS ~. c~r> Address: JCp ~~. coo Pct t~b~ ~Yl J . U ~ Telephone TOTAL... ~~ 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 Page 2 of 2 AND NOW , 20~~ in consideration of the Petition, satisfactory proof . ,•, Timor+~~ Q t r ~ I ti ~~ ~~~ Control# 1096 File Name: Donald White File# 623P2006 Certification of Copy of Document Filed with the Court SURROGATE'S COURT OF THE STATE OF NEVI) YORK BRONX COUNTY I, Diana M Cruz ,Chief Clerk, of the Bronx County Surrogate's Court, a Court of Record, in the Unified Court System of the State of New York, hereby certify that the copy of the following document: LAST WILL & TESTAMENT is a true copy of the original document filed with or recorded in this Court and is a part of the case record maintained by the Court, the same being either a: (1) photographic reproduction of the original document reproduced on an office copier, (2) printed copy of the electronically scanned document stored in the court's computer system, or (3) printed reproduction of original document photocopied on microfilm. In addition, I certify that the attached document is a correct transcript of 'the entire contents of the original document that was so filed or recorded. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Bronx Surrogate's Court on April 9, 2008. ~~iL /J`rLs~.- Diana ~1 Cruz. ,Chief Clerk (Facsimile signature may be used pursuant to Section 2609 of the Surrogate'~~ Court Procedure Act) STATE OF NEW YORK ) SURROGATE'S COURT ) COUNTY OF BRONX ) I, Diana M Cruz, Chief Clerk of the Bronx County Surrogate's Court, being a Court of Record, do hereby certify that the copies of the documents listed below, were compared to the original records of the Court filed in the Surrogate's Office of the County of Bronx, and in my care and custody as the Chief Clerk of the Surrogate's Court, and that the same are full, exact and correct transcripts therefrom, and of the whole of each original record. STATE OF NEW YORK ) SURROGATE'S COURT ) COUNTY OF BRONX ) Control# 1097 EXEMPLIFICATION FILE#: 623 P2006 FILE NAME: Donald White IN TESTIMONY WHEREOF, I have hereunto set my hand, and affix the seal of the Bronx Surrogate's Court on April 9, 2008. ~~ ~~ ~~• Diana IN Cruz, Chief Clerk I, Lee L Holzman, Presiding Judge of the Surrogate's Court, do hereby certify that Diana M Cruz, the person attesting the above certificate, is Chief Clerk of the Surrogate's Court, that his/her signature to the attestation is genuine, that he/she is the legal custodian of the records and files of the Court, and that the certificate and attestation are in due form. STATE OF NEW YORK ) SURROGATE'S COURT COUNTY OF BRONX ) IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Brorix Surrogate's Court on April 9, 2008. °' Lee L I:olzman, Surroyate I, Diana M Cruz, Chief Clerk, of the Bronx County Surrogate's Court, do hereby certify that the Honorable Lee L Holzman, is the Surrogate of Bronx County, duly commissioned and qualified, and the Presiding Judge of the :surrogate's Court, and that his/her signature to the foregoing certificate is genuine. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Bronx Surrogate's Court on April 9, 2008. • ~~~ Diana M Cruz, Chief Cler Inature may be used pursuant to Section 2609 of the Surrogate': Court Procedure Act) I ----- -_-- -- I' LA5T WILL AND TESTAMErdT ~, of DONALD N. WHITE I, DONALD N. WHITE, residing in tree County of The Bronx, City and State of New York, do hereby make, publish, and declare this to be my Last Will and Testament, hereby revoking any and all other wills and codicils by me at any time heretofore made. FIR5T: Any and all Federal, State, foreign, or other inheritance, estate, transfer, succession, death, or similar duties and taxes, levied, based, or imposedl upon or measured by property that passes by my Will, or levied, based, or imposed upon or measured by any other property, shall be paid out of my residuary estate as an expense of administra~~tion and shall not be equitably prorated or charged against the gifts provided by my Will or against such other property. SECOND: A. I give and bequeath all the rest, residue land remainder of the property, both real. and personal and wheresoever situate, which I may own or be entitled to at the time of my death {all such property being herein sometimes referred to as my "residuary estate"), to the Trustee of the DONALD N. WHITE TRUST, to be held, managed and disposes of in accordance with the provisions of said TRUST which was established by a Declaration of Trust dated May 3, 1991, between Donald N. White, as Grantor and Donald N. White, as Trustee, and which is now in existence. THIRD: If any beneficiary mentioned in my Will who is entitled to receive any part of my residuary estate shall die (1) prior to the payment, delivery, or distribution to the said beneficiary of all o:` the residuary estate given to the said beneficiary; and (2) within six (6) months subsequent to my death, then all such part of my residuary estate not theretofore paid, delivered, or distributeu to thE: said beneficiary (including such part of my residuary estate as such beneficiary would have received as a gift over pursuant to the provisions of this Will because of the death subsequent to my death of any beneficiary name in my Will) shall be disposed of pursu~~nt to the provisions of my Will as if the said beneficiary had nc7t survived me. FOURTH: I appoint my son, RICHARD C. WHITE and my daughter, ELAINE NICELEY to be executors of my last will and testament. Whenever the word "executor" appears in my Will, it ',shall be construed to mean the executor, executrix or executors jthen qualified and acting. Flf'TH: Nora. :~f .,~Y, executors sha]_1 be required to give any bond or other security for the faithful performance of his or 'her duties as executor in the State of New S'ork or elsewhere. SIXTH: My executor or my substitute executor shall ~/ j~have all the express and implied powers grartted to executors by LAST WILL & TESTAMENT OF DONALD N. WHITE Page 2 SIXTH: My executor or my substitute executor shall have all the express and implied powers granted to executors by the laws of the State of New York, at the tame of my death except as modified by the following powers grantedl to each of them: (A) To invest and reinvest all of the property in his or her possession in bonds, mortgages on real estate in the State of New York or elsewhere, stocks of any classification, other securities and other property, real or personal, foreign or domestic, whether productive of income or a wasting asset or whether or not said investments are authorized by the laws of the State of New York or any other applic<~ble jurisdiction, in force at the time of the investment, as an investment for estate or trust funds. (B) To retain any property constituting a part of my estate at the time of my death, whether or not the said property shall be an investment of the character permitted to executors or trustees by the laws of the State of New York or of any other appiicabie jurisdiction or by the provisions of my Will. (C) To borrow money for the prope~~ administration of my estate or any trust created by my Will and to give security for such loan. LAST WILL & TESTAMENT OF DONALD N. WHITE Page 3 /. I IN WITNESS WHEREOF, I have hereunto set my hand this tc_~~- day of May, in the year One Thousand Nine Hundred and Ninety-one. ~. :~ ~ ;, DONALD N. WHITE Signed, published, and declared by the testator, DONALD I N. WHITE as and for his Last Will and Testament, in our presence and hearing, and we, thereupon, at his requEast, in his presence and in the presence of each other, subscribed our names as witnesses thereto this 3rd day of April, 1991. '. .- ,- ~,~ ~~ r~~-tom _~ ~ _~.~")a(~ residing at -~~~-~~`) ~-~r_~. ~a ~i5 '~ ~,i? l~ T~~ 9 r`° ' t ~--` - %'~ residing at ~'i / C'~:?rt ~ ~~ ~ ~..~ ~,. I J ~ ~ i i residing at ~ ~'- ti -- C.~ ~~ r- s • ~; ~;. ~ LAST WILL & TESTAMENT OF DONALD ]V. WHITE Page 4 I i1 STATE OF NEW YORK ) s.. COUNTY OF NEW YORK ) Each of the undersigned, individually and severally, being duly sworn, depose and say: The within Will was subscribed to in ot~r presence and sight at the end thereof by DONALD N. WHITE the within named testator, on the 3rd ~~ay of May, 1991. Said testator, at the time of making such subscription declared the instrument so subscribed to ~~e his Last Will and Testament. Each of the undersigned thereupon signed his or her name as a witness at the end of the said Will at the request of said testator and in the presence of and sight of: each other. Said testator was at the time of so exe~~uting said Will over the age of 18 years, and in the respective opinion of the undersigned, of sound mind and memory and understanding and not under any restraint or in any respect incompetent to make a Will. The testator, in the respective opinions of the undersigned, could react, write and converse in the English lang~iage and c>>as suffering from no defect of sight, hearing or speech or from any other physical or mental impairment which would affect his capacity to make a valid Will. The Will was executed as a single ',original instrument and was not executed in counterpart. Each of the undersigned was acquainted with said testator, DONALD N. WHITE at such time and :make this affidavit at his request. The within Will was shown to the under~;igned at the time this affidavit was made and was examined by each of them as to the signature of said tc~statcr, DONALD N. WHITE and of the undersigned. The foregoing instrument was executed x~y the testator, DONALD N. WHITE and witnessed by each of the undersigned affiants. ~~~ r ~-- f :: _. ;k ,; ~ -~ , - , ,~ zL~, sr .~,; Severally sworn to before me this 3rd day of May/, 1991 / ~( ~~ U a ~J a..,y s ~.'y ~`A lye j.a .b, i~. ~L> , P.~i, ~ ~ i a ~ ~ ~ ~ r l>>-; . i l;',"i'ce' f_;% r 3 C20 (Rev. 1/07) Certi1'fcate# 26 ~ SURROGATE'S COURT OF THE STATE OF NEW YORK BRONX COUNTY File #: 623P2006/A CERTIFICATE OF APPOINTMENT OF ADMINISTP:ATOR(S) I~1" IS HEREBY CERTIFIED that Letters in the estate of the Decedent named below have been ranted by this court, as follows: i Dame of Decedent: Donald White Date of Death: May 24, 2006 aka Donald N White Donald Nelson White r~ omicile of Decedent: Bronx NY` ~ ? ~ ' o ~ -~. ;. . , _ ~ _, fiduciary Appointed: Christopher Niceley ~ ' c ~ :~ ailing Address: 11304 bVycombe Park Lane ~ =; _, rv .~ ,: ~ ;-. Glenn Dale MD 20769 ' ~"' ,~ -~' -, _,-, ~~= , ~~ ~ ~~ ~ype of Letters Issued: LETTERS OF ADMINISTRATION CTA Fetters Issued On: August 23, 2007 `° imitations: These letters authorized the'collection of a total of $51, 000.00 . The collection in xcess of that amount must be authorized by a furtherorder of the Surrogate upon the filing of an additional ond. it is further odererd that the'Letters of Administration CTA shall be subjject of the provisions of SCPA (3) with regards to the disposition of any real property. :red that the Letter Testamentary herefore issued to VIVIAN ELAINE NICELY, now deceased, be and the e are hereby revoked. such Letters are unrevoked and in full force as of this date. d: December 10, 2007 IN TESTIMONY WHE=REOF, I have hereunto set my hand and affixed 'the seal of the Bronx Surrogate's Court at 13ronx, New York. WITNESS, Hon. Lee L Holzman, Judge of the Bronx Surrogate's Court. ~~ ~~ Diana M Cruz, Chief Clerk Bronx Surrogate's Court This Certificate is Not Valid Without the Raised Seal of the Bronx County Surrogate's Court