HomeMy WebLinkAbout08-08-08PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of R. Burton Hughes _ File Number 21- ~ ~Z~
also known as
,Deceased Social Security Number
Judith t.. Hughes
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE A' or `B' BELOW.•)
OX A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executrix named in the
last Will of the Decedent, dated 05/13/2004 and codicil(s) dated
State relevant circumstances, e.g., renunaa(ton, death ofexecutor, etc.
Except as follows, Decedent did not marry, was not divorced, and did not have a child bom 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:
B. Grant of Letters of Administration
ap , en er. a .a.; ..n.c..a.; ere; uren e a sen ia; uren a mm a ,-~
Petitioner(s~ after a proper search hasihave ascertained that Decedent left no Will and was survived by the following sp~e (if any) anirs: (1>=
Administration, c.t.a. or d.b.n.c.t.a., enter date of X11 in Section A above and complete list of heirs.) - _ ~,,,
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Name Relationship Residence .: ;-; 1
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(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
234 East Green Street Shiremanstown, Cumberland County, PA 17011
(List street address, townlcity, township, county, state, zip code)
Decedent, then 74 years of age, died on 06/09/2008 at 234 East Green Street, Shiremanstown, Cumberland County, PA 17011
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) $ 150,000.00
(If not domiciled in PA)
(If not domiciled in PA)
Value of real estate in Pennsylvania
situated as follows:
Ail personal property
Persona! property in Pennsylvania
Personal property in County
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
or printed name and residence
Shiremanstown, PA 17011
Rev. 10.132006
Copyright (c) 2006 form software only The Lackner Group, Inc.
Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA } SS
COUNTY OF Cumberland
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.
r ~ n nt ,
Swom to or affirmed and subscribed
before me this ~ day of
,, ii
ith L. Hughes
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Signature of Personal Representative `,- ~ ~~- ~:
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fgnature o ersona/ epresentatroe _ _- r-
he Register t
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File Number: 21- ~ ~~` --
Estate of R. Burton Hughes ,Deceased
A/K/A
Social Security Number: 168-26-5307
Date of Death: 06/09/2008
AND NOW, , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Judith L. Hughes
in the above estate
and that the instrument(s) dated 05/13/2004
described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters............I5~r~4~........ $ 2~Q(~ ~l
Short Certificate(s)........ ~........... $ 3~
Renunciation(s) ............................. $
$ ~U
u $ 5
$
$
$
$
$
$
TOTAL .................................... $
3a C~`""
" Registero
Attomey Signature: ~ ,/ ,
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Attorney Name: James D.
Supreme Court I.D. No.: 19475
Bogar 8~ Hipp Law Offices
Address: One West Main Street
Shiremanstown, PA 17011
Telephone: 717-737-8761
Form RW-OY Rev. 10.132006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH •
..WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate. x+6.00
P 14688304
Certification i~lumber
his is to certify that the infr~rmation here given i
~rrectly copied frrnn an original Certificate of Deat
ply filed Frith nee as Local Re~~istrar. The origin
~rtificate will he forwarded tl) the State Vit ecords O~ffi~e f~~~~permanent filing.
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vocal Registrar Ca `_-'
~: Date Issued
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~'ci'.ut aEV It'oa+ COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS . _7 -~
PP. PRINT IN _
PE,MANENr CERTIFICATE OF DEATH ~ ~`
BLACK INK (See instructions and exam les on reverse •~~/,(~~ `1
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LAST WILL AND TESTAMENT `==~=~ `~~
OF
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R. BURTON HUGHES ~~
- _:..~
I, R. BURTON HUGHES, of Shiremanstown, Cumberland .~-_
County, Pennsylvania, make, publish and declare this as and forA
my Last Will and Testament, hereby revoking all other Wills and
Codicils heretofore made by me.
FIRST: I devise and bequeath all the rest, residue and
remainder of my estate of whatever nature and wherever situate,
including any property over which I hold power of appointment and
together with any insurance policies thereon, unto my wife,
JUDITH L. HUGHES, provided she survives me by sixty (60) days.
SECOND: Should my wife, JUDITH L. HUGHES, predecease
me or die on or before the sixty-first (61st) day following my
death, I devise and bequeath all the rest, residue and remainder
of my estate of whatever nature and wherever situate, including
any property over which I hold power of appointment and together
with any insurance policies thereon, as follows:
(A) Twelve and One-half (121/ao) percent thereof to EAST
STROUDSBURG UNIVERSITY, East Stroudsburg, Pennsylvania, for
general purposes as the governing body of the school deems
appropriate.
(B) Twelve and One-half (121/2°) percent thereof to WEST
VIRGINIA UNIVERSITY, Morgantown, West Virginia, for general
purposes as the governing body of the school deems appropriate.
(C) Twenty-five (250) percent thereof to my brother,
JOHN E. HUGHES, provided that should he predecease me, then I
give and bequeath his share to his issue per stirpes by represen-
tation, as provided herein.
(D) Twenty-five (250) percent thereof to my sister,
VIRGINIA DALTON, provided that should be predecease me, then I
give and bequeath her share to her issue per stirpes by represen-
tation, as provided herein.
(E) Twenty-five (25~) percent thereof, in equal
shares, to my nephew, KIRK HUGHES, my nephew, JOHN MICHAEL
HUGHES, my niece, SHEILA RAIN, my nephew, JOHN DALTON, and my
niece, LYNE MARIE DALTON, provided that should any of these
;specifically named nieces or nephews predecease me, I give and
:bequeath their share unto their issue per stirpes by
representation and if there be a failure of same, then I give and
:bequeath such deceased niece's or nephew's share to my surviving
nieces or nephews as set forth herein.
THIRD: In addition to all powers granted to them by
law and by other provisions of this Will, I give the fiduciaries
acting hereunder the following powers, applicable to all proper-
ty, exercisable without court approval and effective until actual
distribution of all property:
(A) To sell at public or private sale, or to lease,
for any period of time, any real or personal property and to give
options for sales, exchanges or leases, for such prices and upon
such terms (including credit, with or without security) or
conditions as are deemed proper. This includes the power to give
legally sufficient instruments for transfer of the property and
to receive the proceeds of any disposition of it.
(B) To partition, subdivide, or improve real estate
u and to enter into agreements concerning the partition, subdivi-
sion, improvement, zoning or management of real estate and to
impose or extinguish restrictions on real estate.
(C) To compromise any claim or controversy and to
abandon any property which is of little or no value.
(D) To invest in all forms of property, including
stocks, common trust funds and mortgage investment funds, without
restriction to investments authorized for Pennsylvania fiduci-
2
cries, as are deemed proper, without regard to any principle of
diversification, risk or productivity.
(E) To exercise any option, right or privilege granted
in insurance policies or in other investments.
(F) To exercise any election or privilege given by the
Federal and other tax laws, including, but not necessarily being
:Limited to, personal income, gift and estate or inheritance tax
:laws.
s
(G) To make distributions to my herein named benefici-
aries in cash or in kind or partly in each.
(H} To borrow money from themselves or others in order
to pay debts, taxes, or estate or trust administration expenses,
to protect or improve any property held under my will, and for
investment purposes.
(I) To select a mode of payment under any qualified
retirement plan (pension plan, profit sharing plan, employee
stock ownership plan, or any other type of qualified plan) to the
extent the plan or the law permits them to do so, and to exercise
any other rights which they may have under the plan, in whatever
manner they consider advisable.
FOURTH: I direct that all inheritance, estate,
transfer, succession and death taxes, of any kind whatsoever,
which may be payable by reason of my death, whether or not with
respect to property passing under this Will, shall be paid out of
the principal of my residuary estate.
FIFTH: All interests hereunder, whether principal or
income, which are undistributed and in the possession of the
fiduciaries acting hereunder, even though vested or distribut-
able, shall not be subject to attachment, execution or sequestra-
tion for any debt, contract, obligation or liability of any
beneficiary, and furthermore, shall not be subject to pledge,
assignment, conveyance or anticipation.
3
SIXTH: I nominate and appoint my wife, JUDITH L.
HUGHES, Executrix of this, my Last Will and Testament. In the
event of the death, resignation or inability to serve for any
reason whatsoever of the said JUDITH L. HUGHES, I nominate and
appoint my brother, JOHN E. HUGHES, Executor of this, my Last
Will and Testament. I direct that my Executrix or Executor, as
the case may be, and their successors, shall not be required to
post security or a bond for the performance of their duties in
any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set m hand and
3~
seal to this, my Last Will and Testament, this ~ day of
~~ `'~L~/`e'st ~'~-~Pr~ ( SEAL )
R. BURTON HUGHES
Signed, sealed, published and declared by the above-
named Testator as and for his Last Will and Testament in our
presence, who, at his request, in his presence and in the
presence of each other, have hereunto subscribed our names as
attesting witnesses.
Address
Address
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4
-Z~ 0`6 ~~'L1
OATH OF SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
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Estate of R. Burton Hughes Deceased
James D. Bogar, Esquire and Beth B. Lengel , (each) a subscribing witness to
(Print Name/s)
the ®Will ®Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and
say(s) that sl~~ /they ~~ /were present and saw the above Testator /sec sign the same
and that s~>~~1~/ they signed the same and that ~~~la~/ they signed as a witness at the request of
the Testator ~~1~ in ~/his presence and in the presence of each other.
(Signat e)
1 West Main Street
(Street Address)
Shiremanstown, PA 17011
(City, Stare, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this
day
of ,
Deputy for Register of Wills
Executed out of Register's Office
Sworn to or affirmed and subscribed
before me this Y ~-' day
of ~ aoo8~ .
NOTARIAL SEAL
CAROL A. BOGAR, NOTARY PUBLIC
~,~ SHIREMANSIOWN BORO, CUMBERLAND COUNTY
Notary Public EXPIRES NOVEMBER 13, 2011
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization.
(Signature)
1 West Main Street
(Street Address)
Shiremanstown, PA 17011
(City, State, Zip)
Form RW-03 rev. 10.13.06