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HomeMy WebLinkAbout07-14-08PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF 'WILLS OF Cumberland COUNTY, PENNSYLVANIA Estate of Mary W. Avery (~~ ~~ ~~~~ File Number also known as Deceased Social Security Number 460-30-3359 Janet Averv Walter Petitioner(s), who is/are 18 yeazs of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) r,,, C7 A. Probate and Grant of Letters Testaments and aver that Petitioners is /are the Executrix ~=~ O t'Y () ~ name~_ to the last WiIIl of the Decedent dated December 31, 2003 and codicil(s) dated n/a _ ~~ r... = -' -CCY~~ ~ -- ...... (State relevant circumstances, e.g., renunciation, death of executor, etc.J `~ ~ ~ - ~ ~ _ - =, Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution o~h-e~- nstrumerrt~'j offeked ` ''' for probate, was not the victim of a killing and was never adjudicated an incapacitated person: no exceptions ~"_' IV ` B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d. b. n. c.t.a.; pendente life; durance absentia; durance minoritate) Petitioner(s) after a proper seazch has /have ascertained that Decedent left no Wilt 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 SectionA above and complete list of heirs.) Name Relationshi Residence (COMPLETE INALL CASES:J Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 1000 Claremont Road Carlisle PA 17013 (List street address, town/city, township, county, state, zip code) Decedent, then 90 at 1000 Claremont Road, Carlisle, PA 17013 Decedent at death owned properly with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania situated as follows: $ 30,000.00 Fornr RW-02 rev. 10.13.06 Page 1 Of 2 years of age, died on June 16, 2008 Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicils} presented with this Petition and the grant of Letters in the appropriate form to the undersigned: 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(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Signayx>~of Personal Representative Signature of Personal Representative N n f"`" ~ ~ rs+ ~, ' Signature of Personal Representative ~ .- ~ ~ ~? i?; ~ T - i ~ r- ~'", .~.. ~-t ;i File Number: ~ ~ A "'~ ~~ .. -~ Estate of Mary W. Avery , Dec~ased ~ Social Security\Nu\mber: 460-30-3359 Date of Death: June 16, 2008 AND NOW, v a-\C~ '~ ~~~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, ' IS DECREED that Letters Testamentary are hereby granted to Janet Avery Walter in the above estate and that the instrument(s) dated December 31, 2003 described in the Petition be admitted to probate and filed of record as the last Will and Codicil(s)) of Decedent. FEES ~. ;,, nn Register of Wills Letters ..... ~~. i C~~.. $ "l Short Certificate(s) ...t?r.... $ v2 Renunciation(s) .......... $ `~.s.~.1~ ... $ t _ ...$ ~a ... $ ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $ Attorney Signature: -_~,7~_ f Attorney Name: Edward L. Schorpp, Esq. Supreme Court I.D. No.: 17495 Address: 35 South Thrush Drive Carlisle, PA 17015 Telephone: 717.486.83 86 Form RW-o2 rev. 10.13.06 Page 2 of 2 Sworn to or affirmed,and subscribed ' lf~- 105.905MS REV. 6/O6 This is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance with Ar_t 66, P.L. 304, approved by the General Assembly, June 29, 1953. Military Status M1Q5-1d3 REV 1120D5 TYPE /PRINT IN PERMANENT BLACK INK ~I `3 0 WARNING: It is illegal to duplicate this copy by photostat or photograph. ~_n,~.~ ~ 2n ~~ S-- ~ C Calvin B. Johnson, M.D., M.P.H. ~ Frank Yeropoli . Secretary of Health State Registrar 1410106 No. JUN ~ 6 ~ COMMONWEALTH OF F HEALTH • VITAL RECORDS Date CERTIFICATE OF DEATH /~}}~a~ ~I`~,~L, (Sce instructions and examples on reverse) STATE FILE NUMBER ~ I C1( J ~ 1 1 1. Name 01 Decetlenl (Rmt. mnQe, IaaY, sulhx) 2. Sex 3. Sadel Security Number d. Dale of Deem (Month, day, year) Mary W. Avery female 460 - 30 - 3359 June 16, 2008 5. Aga (last Slrlhdey) UMm 1 year Untler 1 day 6. Date of &dh (MOnm, day, year) 7. &rmpace (City antl state or k n count ) fie. Place of OeeM (Check oMy orre) Ab+lc Days Noun MMae Hospital: OMer. 90 Yrs. Dec. 10, 1917 berry, KS. ^Inpetienl ^ER/Outpatient ^DOA Nurenq Fbme ^Residence ^DMer. Spectly: SD. Corny d Death &. City, Soto, Twp. of DeaM Bd. Facikly Name (p not irtslilNian, give sVeel eM cumber) 9. Was Decedent d Hisparac Odgn?~ No ^ Yes 10. Race: Amed®n Intlian, &eck, White, ett. pt yes, spedry amn, (SS,e~M Cumberland. Middlesex leap. Claremont Nursing & Fl~hab Mexlran,PuertoFiicen,ek.) white 11. Decetlanl's Usual Occu Kind of work d one du' moat al works tile. Do trot slate reeretl 12. Wes Decedent ever in the 13. Decedent's Education (Spe61y o,dy highest gratle wrtp lmatl) 16. Marital SIGNS: MemeQ Never Merced, 15. Surviving Spo use (Ii wife, give maitlen name) KiM d Work Kntl d Business I IMUStly U.S. Armetl Forces? Elementary 1 Secondary (0.12) College (id or 5+) NAdoweQ Divorced ISpxiM rnirse education ^Yea ~q 12 9 widowed 16. Decetlenys Mating Atldrass (Sheet oily /town, state, np code) Decetlanfs Did Decedent PA 10(~ Claremont Rd Actual Residence 17e. gate Townahy7 17c. ®Yea. Oecetlent lived in Ml ~~ ~ PRPY Twp . 77b.Counly (:13mharlanfl 17d.^No,DecedenllivedwMin Carlisle Pa. 17013 AcNalLimilsd ap.;eore 18. FeMer's Name (FlrsL mkkb, last surex) Joseph L. Wright /9. Mdher's Name (Flml, mltldN, maidm surname) Leslie Goldie(Sheehan) 20e. InformenYs Nenle (TYpe /Print) ZOb. Idonnenys MaArg Address (Street city /town, state. zip model Janet A. Walter 1321 Georgetown Circle Carlille, Pa. 17013 21 e. Mdhod d Diapositlon ~ ~rematbn ^ Darelnn 21 b. Dale o! Oispceabn (MmM, tlay, year) 21 c. Race al Disposidan (Name d cemetery, crematory m oMer pace) 21 d. Lacaace (City / ~~ state, Sip ado) SSe Q Ramoralholnsula j e E °wvtlo A"iivr1xi° ^ p y i Yaeial umitw/ c«aa. ^ lk vas^Ng 6 17 2008 Hollis er Ftiuieral Home and. Creme Mt. Holt S tin s Pa 22a. Signature d Funarel Service li®nsee (or person acwlg as such) 22b. License Numbs[ h 72c. Name and Atltlress d FBWity - Allen L . DU an ~ O ~_ 2 -L Ftaneral Home Inc. Lendersville Pa. 17306 Compw'.e tlema 23e-c only wMn wrlilyirg 23a. To Me best d rty knowkMge, deeM n Signatu re aW Iitla) etl et t he O me, date and place soled. ( 23 b. Llceme Number Signed (Mo 234 D at e n th, say, year) physidan nd Gee Nk: al ikrle of death to s / ~ 1 ~ / ~ ~ y „/ , /t _ ~ ~ ( ~ (~ / / / ~ ~j / ~ ~ a ~ © ~` ~ I u • D---+LIIL 4..C_.1~y1 / T M1J /yM y~ ~ f 4 ~ ~ -1 b p l7 V Items 24-2fi moat be CCnplele0 Dy pesos 24. Time d Deets 25. Dale Prmaurcetl Dead (MOnM, eey, yeah 26. Was Caae Relerted to Medical Examiner / Corarer for a Reesan OMer than Cremetgn or Donation? wro amnaunces deem. Q (v Ot3 M. ~/ l p a ~~ p ^ yes ^ No CAUSE OF DEATH (See Inatruellon antl exemplea) r Approxanate interval: Pan II: Enter Mher Slgmtlcad mndNms mnMb~yl to death, 29. Did TCbemo Use Conndsle to DAM? Item 27. Part I: Enter Bat than d avails -diseases, stories. a compicaema -Mel dlredty celeed the tl6eM. DO NOT entm terminal events such as wrdlac arrest, Onset [o Dean but net resudng In MB Intlerlymg reuse given in Ped I. ^Yea ^ ProWDIy respiretary arrest or venirkWr IbriHtan wiMOUt showing the etiobgy. List Doty me Celbe an 6aCt line. [v]'No ^ Unknown IY~a~A~N SSE ((Final cheese or Outlr) -~ a. ~E•`ItiI.IT IA .1N6WlTL~1.f, 291,1 ~~°k: ' Due to (or as a comequence d): J Nol Pregnant wiMn pall y~r L Sequ e lpiaM list cCntlfiore, it amy, p, ^ Pregnant al Dme of deeM r g Er~er BmoUNDERLY MO CAU9E a Due to (or as a consequence di: ^ Nol pregnant but Pregnant mottles 42 days (a~aaml"ry teal rilpated Me ng n deeM) LASE c d seem . Due to (or as a canaequenm oq: Nm sent, but pregnant 43 tle t 1 ^ preg Ys o Yeer d, before dBruh ^ Unknown if pregnant wahn me past year 30a Wss en AutCpay 30b. Were Autopsy RMngs Manner d DeaM 31 . 32a. Dale d Inlury (Monts, day, year) 32h: Desrnbe Itow Injury Ottunetl 32c. Race of Injury: Home, Farm, Street, Factory, Palormetl? AvaNade Pem to Completlon d Caux d Deelh? r y trJ Natural ^ Florninde OMce SWldrg, etc. (Syecily) ^ Yns dNO ^ Vas ^ No ^ Acdtled ^ Pentling Imesagal'pn 32tl. Tme of Irqury 32e. Injury at Work? 321. M Trempmiaam Injury ($pBGly) 32g. LCCatlon d Injury (SIreeL ciy /lows, state) ^ Suiotle ^ CoWO Nd be Determined ^ Yas ^ No ^ Dirver / Opemlor ^ Passenger ^ Pedestrian M ^~r' St~'M. 33a cemr (neck only one) 33b. sigrewre and me or cernner • D•rltlYln9 physidr, (Physician codifying cause d deaM when amiher pysidan has pronounced deeM eM cempeted Item 23) - Tom. b..t d my knewaeag,. seen occumee Mr. to the ausa(,) .ne manner aa,tem~ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ __ _ _ _ _ _ _ __ _ ----- ' • Pronouncing one certlF/Mg phyaklen (Physcian bran pronWncng tleaM aM cer6tying to cause of deem) ^ 3&. License Number 330. Dale Signetl (Mmlh, tlay, year) • 7o Malroatd my lmowtaege, eeaM aecemabthe tlme,tlHe, one place, antl sue to the cau~e(,)and manner ea EYtaL_________________ MbIW E i lC L ~_ bI)'041( `i si ~' ~ '~ xem nx Orortx antl due to Me aux(s) antl manner as sbtsd in my opinion tlealh accunee al Ms tlme date aM pace On tM Ibat of examinatlon ens / ar Inveellgatlan ^ , , , , _ , , ~ Name antl Atldress d Persm Woo Campleled Cause W DeaM (Item 27) Typo / Pdnt 35. Rig' rb.Si4naWrea O'g Ndmber y / ~ f ~ I ~ ~ I ~ 36. Dela Rlad oM, da, j ~, ~ ~ ~?NL~! M' `~O-S `'Trl"~ ~ lt`~~e a s -\:: - I / . l . ~ i k i~3o v~~~~ i-f,~Pe- ~~ L~w~c-.~, 7 Dispoeioon Pem+il No. ~ ~ ~ ~ /l! _ ~y /~ ~~ ti l t~ t~ . L~ _, ~ l ^~ ~ _f ..__ rT -=3 ,F- ~ `~ ~ ~>> - 27a 7 LAST WILL AND TESTAMENT OF MARY W. AVERY I, Mary W. Avery, of Sacramento, California, being of sound and disposing mind, memory and understanding; do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST I direct the payment of my just debts and expenses of my SAIDIS SHUFF, FLOWER & LINDSAY' 26 W. High Stree[ Carlisle, PA r,~ ~~~ last illness and funeral from my estate as soon after my death as conveniently may be done. If there be no cemetery lot available for my interment owned by me at the time of my death, I authorize my personal representative to purchase such cemetery lot with a contract for perpetual care, using therefore funds from my estate in such amount as they shall consider necessary and desirable, and I authorize my personal repres~ativ~ to,-~ ! ;--~ ,._ cause title to or ownership of such lot so purchase~l~~o ~e ~:~ _, r-, ~ c _`` t~1 -~ ~ --r-i vested in such person as my personal representat~v~s~al~ __ -; r .'.T-~ L'> : =r designate . ~' ~-'. ~ Further, I authorize my personal representative to expend funds from my estate, in such amount as my personal representative shall consider necessary and desirable for the purchase, erection and inscription of a suitable marker for my grave. SECOND I give, devise and bequeath all the rest, residue and remainder of my estate to my beloved daughter, Janet Avery Walter, per stirpes, absolutely and in fee simple if she survives me by thirty (30) days. THIRD In the event that my daughter, Janet Avery Walter, fails to survive me by thirty (30) days, then I give, devise and bequeath all the rest, residue and remainder of my estate in equal shares unto my grandchildren, Amanda Avery Walter and Whitney Marie Walter, per stirpes, provided that if any of my grandchildren have not attained the age of twenty-two (22) years, then I give, devise and bequeath my entire estate together with any other property which may be added, unto HERSHEY TRUST COMPANY, Pennsylvania, IN TRUST, upon the following terms and conditions: (A) To hold, manage, invest and reinvest the principal so received, and accumulation of income thereon, SAIDIS SHUFF, FLOWER R, i TATiICAV 26 W. High Street Carlisle, PA and to use, pay and apply the income and principal or so much thereof as in Trustee's sole discretion may be necessary for the maintenance, support, medical expenses ~~ 2 and education of my grandchildren whether the same be born before or after the signing of these presents. (B) The payments authorized by this trust shall be made without any regard to equality of distribution among my said grandchildren and without further responsibility to said grandchildren or to any person taking care of said grandchildren. Said payments may be made by my trustee directly to said grandchildren, or such of them as may be, in the sole opinion of trustee, of such age and ability to handle properly the funds so paid, or may be made directly to the person having custody and care of any of said grandchildren, or may be made directly to any institution entitled to such payment by reason of services rendered or to be rendered to any of said grandchildren. (C) The amount to be paid for the benefit of said SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA t~~ grandchildren shall be determined from time to time by the need of the grandchild, and the amounts and times of said payments shall be determined by such need, provided that payments be made at least monthly. (D) All payments of principal and income hereby given shall be free from anticipation, assignment, pledge or obligations of beneficiaries, and shall not be subject to any execution or attachment. 3 (E) All principal and accumulated income, not so applied, shall be distributed in equal shares to my grandchildren, per stirpes, when my youngest then living child attains the age of twenty-two (22) years. FOURTH I direct that any and all inheritance, estate, and transfer taxes imposed upon my estate passing under this Will or otherwise shall be paid out of the principal of my residuary estate. FIFTH In addition to the powers conferred by law, I authorize any personal representative acting under this instrument, in their absolute discretion: A. To retain in the form received, or to sell either at public or private sale any real or personal property; B. To exercise any options to subscribe for stocks, bonds, or other investments; C. To join in any plan of lease, mortgage, consolidation, exchange, reorganization or foreclosure of SAIDIS SNUFF, FLOWER P_ T TATTC AV 26 W. High Street Carlisle, PA any corporation in which my estate or any trust may hold stocks, bonds or other securities; D. To sell, transfer, convey, mortgage, pledge, lease or exchange any property, real or personal, which at any ~~ ~~ 4 time may form part of my estate, for the payment of debts or taxes, or for any purpose of administration or distribution, for such prices and upon such terms as my personal representative, in their sole discretion, may deem wise, and to execute and deliver deeds of conveyance or transfer thereof; E. To make settlements and compromises on such terms as my personal representative in their sole discretion may deem wise without the necessity of obtaining any court approval thereof; F. To make distribution hereunder either in cash or kind, as my personal representative in their discretion may deem wise. SIXTH I do hereby nominate, constitute and appoint my daughter, SAIDIS SHUFF, FLOWER p r rrrr~c ev 2G W. High Street Carlisle, PA n Janet Avery Walter, to act as Executrix of this my Last Will and Testament. Provided, however, that if Janet Avery Walter is unwilling or unable to act as Executrix, I direct the duties of Executor to be performed by Robert Elwood Walter. SEVENTH I direct that no personal representative, guardian, trustee or other fiduciary appointed under this instrument shall be 5 required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I, Mary Virginia Wright Avery, have hereunto set my hand and seal to this my Last Will and Testament, consisting of six typewritten pages, the first five of which bear my initials in the margin for identification, this 31St day of December, 2003. Mary Avery Signed, sealed, published and declared by the above-named SAIDIS SHUFF, FLOWER p. r rwmc ev 2G W. High Street Carlisle, PA Mary W. Avery, Testatrix, as and for her Last Will and Testament in the presence of us, who have hereunto subscribed our names at her request as witnesses thereto, in the presence of said Testatrix and of each other. /' ~_~~ ADDRESS 26 West High Street Carlisle, PA 17013 `i~~f ~ ~ (~_ ' ADDRESS 26 West High Street Carlisle, PA 17013 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND We, Mary W. Avery, Tanva Ware and Phvllis McCoy , the Testatrix and witnesses, respectively whose names are signed to the foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and Testament and that she signed willingly and that executed as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix signed the Will as witnesses and that to the best of their knowledge the Testatrix was at the time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. '7 1 Mafrgy W . Avery ' '~i~ Tanya re ,Witness ~~~ ~~~,r Phyl s McCoy - , Wi ness Subscribed, sworn to and acknowledged before me by Mary W. Avery, the Testatrix, and subscribed to and sworn or affirmed to before me by Tanya ware and Phyllis McCoy , witnesses, this 31st day of December, 2~.9~03. Notary Public SAIDIS SHUFF, FLOWER & LINDSAY a~rrnn~vc.eT.r sw 26 W. High Street Carlisle, PA ~._.._.. ~Vt3~'Ati~~i~ C~tiisie ~xc~, Ct~m~rn! Coul~r, Py'~ ~Y Commission ~~ut~s C.ioc.1~, 2005 7