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HomeMy WebLinkAbout08-02-08w R PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND _ COUNTY, PENNSYLVANIA Estate of Joseph W. Nesmith File Number 21-- ~- also known as Joseph W. Nesmith, Jr. Deceased Social Security Number Paul E. Nesmith Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE A' ar B' BELOW) nX A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executor named in the last Will of the Decedent, dated 05/03/2007 and codicil(s) dated State relevant rsrcumstances, e.g., renunciation, death oI executor, 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: _ n~~ c°~ ~ pia B. Grant of Letters of Administration `~ ; : ~ ~ x-- ap ica e, en er. c..a.; ..n.c..a.; n e r e; uran e a sen a; uren a mmo a e -.l __i : ~--, -- Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse tifa~ and N~rs: (If Administration, c.t.a. or d.b.n.c.t.a., enter date of ill in Section A above and complete list of heirs.) - _ - ~ _ .: .:_ Name Relationship Residence --' `~'~ ~' ~~ (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 608 Alison Avenue, Mechanicsburg, Mechanicsburg Borough, Cumberland County, Pennsylvania (List street address, town/city, township, county, state, zip code) Holy Spirit Hospital, East Pennsboro Township, Cumberland County, Decedent, then $3 years of age, died on 07125/2008 at Pennsylvania Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 8,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 189,000.00 situated as follows: 608 Alison Avenue, Mechanicsburg, Mechanicsburg Borough, Cumberland County, Pennsylvania 17055 Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented wfth this Petition and the grant of Letters in the appropriate form to the undersigned: Signature Typed or printed name and residence Paul E. Nesmith 31 Argali Lane ~~ Mechanicsburg, PA 17055 %'•'/_ _ O ~ ~/~> -- - _ : ~ 737-2227 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 A w 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. argnarure or rersonar rcepresenraove pawl E. Nesmith ~-~ r-.~ c ,^; '-' (~ C:-:a: ~~1 4~ Signature of Personal Representative - _ ~ G_ :~ _~..t,7 t _ .,. -1 ~ signature or Personal Representative - r' - J_,i ~ ~ - ? ~~- ~~ G71 File Number: 21-- (~~" c~c Estate of Joseph W. Nesmith ,Deceased A/K/A Social Security Number: 196-14-3888 ~~~~~~//~~ D/ate of Death: 07/25/2008 AND NOW, ~ ~ C~LCJU ~b , in consideration of the foregoing Petition, satisfactory proof having been presented befor me, IT IS DECREED that Letters Testamentary are hereby granted to Paul E. Nesmith in the above estate and that the instrument(s) dated 05/03/2007 described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent. FEES - ~p Letters ............................................ $ i V1e-~,• Short Certificate(s) ........................ $ ~ , W Renunciation(s) ............................. $ $+IJ.~ $ ~~-'- . $ ~ d . ~J TOTAL .................................... $ ~ C~ $ $ $ $ $ $ r 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. 10-13-2006 Copyright Ic) 2006 form software only The Lackner Group, Inc. Page 2 of 2 Swom to or affirmed and subscribed Attorney Signature: ~ Attomey Name: James D. BO r • LAST WILL AND TESTAMENT OF JOSEPH W. NESMITH r A fl . ~ } ..uJ Y'~. '~~'... ~ ~:i i~~ ~_~ ~ i _. , -:~ ~ I, JOSEPH W. NESMITH, a resident of the County of CUMBERLAND, Commonwealth of Pennsylvania, do make and declare this to be my Will, and I revoke all my prior Wills and Codicils. FIRST: Declaration Concerning Family. I declare that I am divorced and that I have no children now living, and that I have no other children living or deceased. The terms "chi{d", "children" and "issue" shall include adopted children. I further declare it is my intention to dispose of all property I am entitled to dispose of by Will. SECOND: Nomination and Appointment of Executor. I hereby nominate and appoint PAUL E. NESMITH to be my Executor hereunder, to serve without bond, In the event my nominee fails to become or at any time ceases to be the duly appointed and acting Executor hereunder, I nominate DALE L. THOMAS as Executor, to serve without bond. The term "Executor " as used herein shall apply regardless of gender. THIRD: Last Illness and Funeral Expenses; Powers of Executor. I direct my Executor to pay my last illness and funeral expenses. I direct my Executor to take all actions legally permissible to have the probate of my will done as simply and as free of court supervision as possible under the laws of the state having jurisdiction over this will, including filing a petition in the appropriate court for the independent administration of my estate. I hereby grant to my Executor all of the necessary powers to discharge my directions under this Will and the power to do all other acts which in his judgment may be necessary or appropriate for the proper distribution of my estate and the pour over of my estate to the Trust. The foregoing powers, authority and discretion granted to my Executor are intended to be in addition to the powers, authority and discretion vested in him by operation of law by virtue of his office, and may be exercised as often as is deemed necessary or advisable, without application to or approval by any court in any jurisdiction. With respect to tax elections and exemptions, I have provided for such powers for the Trustee of the Trust. In the event that any tax law is interpreted to not allow the Trustee to exercise such powers, then the Executor is directed to follow the Trustee's directions with respect to such elections and exemptions. FOURTH: Debts, Taxes and Administration Expenses. I have provided for the payment of alf my debts, expenses of administration of property wherever situated passing under this will or otherwise and estate, inheritance, transfer and succession taxes, that become due by reason of my death, under THE JOSEPH W. NESMITH TRUST, (hereinafter "Trust") on the same date as the execution of this Will. if the Trust assets should be insufficient for these purposes, after the pour over, my Executor may elect to probate this Will and/or demand in a writing addressed to the Trustee of the Trust an amount necessary to pay all or part of these items, plus claims, pecuniary legacies, and family allowances by court order. 9-2 FIFTH: Disposition of Residue of Estate. (1) All my personal and household effect were transferred to the Trust as a result of the Assignment of Personal Properly to Trust signed in connection with the Trust. if there are any questions regarding the ownership or disposition of these assets or any other assets not listed therein, it is my desire that all my assets pour into the Trust. (2) Accordingly, I give, devise, and bequeath all the rest, residue, and remainder of my property of every kind and description (including lapsed legacies and devises), wherever situated and whether acquired before or after the execution of this Will, to the Trustee under the Trust executed by me on the same date of the execution of this Will. I direct my Executor to transfer over to the Trust all of my right, title and interest in all property that I own or that I might have an interest in. The property is to be transferred to the Trust subject to all liens and encumbrances, if any. The Trustee shall add the property bequeathed and devised by this will to the corpus of the Trust and shall hold, administer and distribute said property in accordance with the provisions of the Trust, including any amendments thereto made before my death. (3) If for any reason the said Trust shall not be in existence at the time of my death or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said Trust as it exists at the time of my death to be invalid, then I give all of my estate including the residue and remainder thereof to that person who would- have been the Trustee under the Trust, as Trustee and to their substitutes and successors under the Trust, described herein above, to be held, managed, invested, and distributed by the Trustee upon the terms and conditions pertaining to the period beginning with the date of my death as are constituted in the Trust as at present constituted giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such Trust by reference in full in this my Will. SIXTH: Partial Invalidity. Should any part, clause, provision, or condition of this Will be held to be void, invalid, or inoperative, then I direct that such invalidity shall not affect any other provision hereof, which shall be effective as though such invalid provisions had not been made. SEVENTH: Omitted Heirs; Will Contests. Except as otherwise specified in this Will, l have intentionally and with full knowledge omitted to provide for my heirs at the time of my death. If any beneficiary under this Will or heir at law of mine or person claiming through any of them shall contest or otherwise challenge the validity of this Will or attack any of its provisions or the trust described in Paragraph FOURTH herein, directly or indirectly, any share or interest in my estate given to such person under this Will is hereby revoked, and such share or interest shall be distributed in the same manner provided herein as if such person had predeceased me without issue. • 9-3 IN WITNESS WHEREOF, I, JOSEPH W. NF~~IITH, sign, s 1, publish and declare this instrument as my Last Will and Testament this ~_ day of R „~:~ JOSEPH W. NESMITH, Testator The foregoing instrument consisting of four (4) typewritten pages was signed, sealed, published and declared by JOSEPH W. NESMITH, the above-named Testator, to be his Last Will and Testament in our presence, all being present at the same time, and we, at his request and in his presence and in the presence of each other, have subscribed our names as witnesses on the date above written. Witness Signature ~ ~ Print name ` , ~ ~ i / ~ ~ ~ n ~~ Address ~ ~ ~ ~ ~ ~ ~ U ~ ~ /E ~t ~C s ~ w i Witness Signature ~ Print name ~~ ~~iJ ~"~ ~ °~~~~'- Address ~ f ~ ~ ~ ~ S ~ M Ig /~ .~ l ~~~~ ACS inl I END OF WILL • 9-4 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND, ss. I, JOSEPH W. NESMITH and o ~~ ~ ~ `~ ~ and ~~~ `~y n t~G, the Testator and the witnesses respectively, whose names are signed, to the att ched or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator, Joseph W. Nesmith, signed and executed said instrument as his Last Will and Testament in the presence and hearing of the witnesses, and that he had signed willingly, and that he executed it as his free and voluntary act and deed for the purposes therein expressed, and that each of the witnesses at the request of the Testator, in the presence and hearing of the Testator and each other, signed the will as witness, and that to the best of his or her knowledge the Testator was at the time at least eighteen years of age, of sound mind and under no constraint, duress, fraud or undue influence. r w. ,-~"c~ estator oA~~~~ Witness rYitness Subscribed, sworn to and acknowledged before me by the said JOSEPH W. NESMITH,~Testator, and subscribed and swt~rn to fore me by the above-named witnesses, this _~ day of ~~-/f COMMONW_ EAL"rH OF PENNSYLVANIn NOTARVAL SEAL JAMES S. WELCH, Notary Public Bensalem Twp., Bucks County My Commission Expires Februa 17, 2010 My coFnmission expires on • 9-5