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HomeMy WebLinkAbout08-15-08PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Cumberland Estate of Chlo T. RICe also known as Deceased COUNTY, PENNSYLVANIA File Number Z ~ ' ~~' 0 TT~ Social Security Number Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.•) ^/ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the executors last Will of the Decedent dated February 20, 2'0$a and codicil(s) dated None named,in tl7e 1`i`!L -, ~~ ` !'~ - (State relevant circumstances, e.g., renunciation, death of executor, etc.) - ~~- , yx. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of tlae lttstritment~J offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: -' ~~_ ? ~ , .~ C~ B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d. b. n. c.t.a.; pendente life; durante absentia; durance minoritateJ Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administration, c. t. a. ord. b. n. c.t.a., enter date of Will in Section A above and complete list of heirs.) (COMPLETElNALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 621 Walton Street. Lemoyne. Cumberland County. Pennsylvania 17045 (List street address, town/city, township, county, state, :ip code) Decedent, then 79 years of age, died on July 6, 2008 at Harrisburg PA 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 Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania situated as fo $ 20,000.00 $ 162,678.60 736 Wisteria Dr., Warrington, PA 18976 Form RW-02 rev. 10.13.06 Page 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: Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF ~l`.~~~ (~~ 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. Sworn to or affirmed and subscribed before me the ~ ~Y~ dd~a.,y Hof ~ ~~~~ '>r~~ ~ ~~ ... $ ... $ For the Register Signature of Persona! Representative ~+ C7 c~ ~~ ~ !' y .l7 t,:r. (~ File Number: ~,' ' ~i ~ ' p ~ ~ ~ '' t? ~j ~ ' _- -; c" Estate of Chio T. Rice .} ~- ~q' _ Gl~ee~sed t® _.; .. o Social Se/c~urity Number: Date of Death: JuIV 6, 2008 AND NOW, ~ l~ (~l Grl.~- l ~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Suzzane P. Mover and Gerald B. Rice and that the instrument(s) dated described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Deceden±. FEES L L ~ + ~~ Y f`1Q1~ , r} ~~~ Letters ............... $ Short Certificate(s) ........ $ Renunciation(s) .......... $ wl~ tl ... $ l5. ~n c~ ... $ ~ ~1L ... $ S -C~ ... $ Representative of Persona! Representative of Wi!!s in the above estate Attorney Signature: /' ~L(~.~^~' Attorney Name: William C. issinger Supreme Court I.D. No.: 27737 Address: ... $ ' ' ' $ Telephone: ... $ TOTAL .............. $ _'3 S 0.00 400 South State Road Marysville PA 17053 717) 957-3474 Form RW-02 rev. 10.13.06 Page 2 of 2 ~tc,), ~Ea , o.; WARNING: IT IS ILLEGAL TO ALTER THI> COPY OR ~FEr Foti rris TO DUPLICATE BY PHOTOSTAT OR PHOTOGRAPH. CEF;nFiccrE ss o<s` COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HEALTH VITAL RECORDS LOCAL REGISTRAR'S CERTIFICATION ~OF DEATH CERT. NO Name of Decedent Fist ts~<~d~e Sex Female _ Social Security No. 19 5 - 3 2 - 0 2 3 4 Date of Birth Aug . 12 , 19 28 Birthplace Japan July 6, 2008 Harrisburg Hospital Dauphin Harrisburg Place of Death _ Pennsylvania Faal~ty Name County City, f3uiough of T~wnshi{~ Race Asian _ Occu ation Seamstress ~ No p Armed Forces . (Yes or No) Decedent's Marital Status Widow Mailing Address 621 Walton Street Lemoyne PA 17043 Number Street Ciry or Town Stale Informant Suzzanne Moyer Funeral Director.--. Douglas T. Boyer Name and Address of Boyer Funeral Home, P.O. Box 11, New Bloomfield, PA 17068 Funerai Establishment-_ Interval Between Part I: Immediate Cause Onset and Death (a) Metastatic Adenocarcinoma of Colon ~ t--= (b) - ~ .~.~ Neutropenic Sepsis '~>~~ (c) (d) Part II: Other Significant Conditions .,--, -r,~=,>~ _u ;-. ~: -,-, ~r--~--~--=- C,! I , x~ - ~O ~t ~ Manner of Death Describe how injury occurred: Natural ~ Homicide ^ Accident ^! Pending Investigation [] Suicide ^ Could not be Determined Name and Title of Certifier Alan Sweeney M.D. 108 Lowther St. , Lemoyne, PA 17043 (M.D., D.O., Coroner, M.E.) Address This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. ~..~.. 1 C ~; ~- ~-~L<~_~~ 50-455 Lo I Registrar of Vital Reco-ds District No _ July 9, 2008 101 Barnett Sty, New Bloomfield PA 17068 Date He_eivud by t. o:.al faeyt!ra~ Street Adores, oN Borough. Tov+nsh~~ i~! R r ~~ ~~{{~ A ~J~f~~ a2 T 626~07~ ~~40 ~ :,>", F .. f,,+t~ I~TMfNT OF ~oP/ Chio T. Date of Issue of This Certiticatlon Rice July 9, 2008 Last Date of Death _ ^ LAST WILL AND TESTAMENT ch ,- 1,. ~ __ nr..t :~ OF ~c_ CHIO T. RICE _~ ~._: ;= ~i C±. . ` ;=- T, Chio T. Rice of 621 Walton Street, Lemoyne, Cumberland c.; Co~~~y, Pennsylvania, being of sound and disposing mind, memory and v unde~tandinq, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and codicils heretofore made by me. ITEM I. I direct that all my debts and funeral expenses, including my cemetery lot and gravemarker and all expenses of my last illness, shall be paid from my residuary estate as soon as practicable after my death as part of the expense of the administration of my estate. ITEM II. I devise and bequeath all of my estate of every nature and wherever situate to my husband, Benjamin P. Rice if he survives me by thirty (3d) days. ITEM III. If my husband, Benjamin P. Rice, predeceases me or dies on or before the thirtieth day following my death, I devise and bequeath all of my estate of every nature and wherever situate equally unto the children of the union of myself and my husband, Benjamin P. Rice and their-issue ~l si:irpes. ITEM IV. I direct that any and all Inheritance, Estate and Transfer taxes imposed upon my estate passing under my Will or otherwise, shall be paid out of the principal of my residual estate. ITEM V. I appoint my husband, Benjamin P. Rice, Executor of this my Last Will and Testament. In the event of his renunciation, death, resignation or inability to act for any reason whatsoever, I appoint Suzanne P. Moyer and Gerald B. Rice or the survivor thereof, Executors of this my Last Will and Testament. I relieve my Executor from the necessity of posting security in connection with his or her duties as such in any jurisdiction in which he or she may. be called upon to act. ITEM VI. This Will is made pursuant to a written contract between myself and my husband, Benjamin P. Rice dated February ~~ 1992. This contract is attached to this Will and is incorporated by reference. By the terms of this contract, this Will is irrevacablp, and any future will or codicil is invalid to ttie extent it is inconsistent with the terms of the contract. ITEM VII. In the event my husband, Benjamin P. Rice dies under such circumstances that there is not sufficient evidence to determine absolutely whether he survived me, I direct for purposes of this Will that he shall be conclusively presumed to have survived me. IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament, which consists of `~ pages, to each of which I have affixed my signature this day of February, one thousand nine hundred and ninety-two (1992). ChiorT. Rice COMMONWEALTH OF PENNSYLVANIA ` ss COUNTY OF l~~ ~ bc~-r(anc~ We Chio T. Rice and ~c.r~i~'r~-'~ir~ ~') ~.`~c ~_ and ;_ , ' ? ; , ~ r t ?'' ^v~ ~<.„. ,, r ~~.~- -- the testatrix and the witnesses respectively, whose na es are signed to the attached or foregoing 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 that she had signed willingly, and that she executed it 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 witness and that to the best of their knowledge the testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. i .. ; _- i s~::f~r~ ~-- .~ . /~ ~~ ~ - Testa~ix j f f / /i f( //J ~,• Witnes /`,'` , j' y Wetness ~ Subscribed and sworn to and acknowledged before me by Chio T. Rice, Testator and subscribed and sworn to and acknowledged before me by _1'==,. :~~•,b ,/,.~ art z: and ~,_-;'f/~Cr•~~ ~~ llii~~`i~~~ r'1-----~ ~ witne ses this .~~~~ r~ day of February, 1992 . ~. Nc~t ry P~:blic ~ ~...~...o.,e.a,.~- - - ._,...~.~~..e ~..~. ~do~AR~a~ s~.ai. ~_.$ JODi A. C';l.'",a,! !C4; R'~'an,= Pu'oliC Camk, Hiil u:rc, C~":.~_,erl,:n;± C~o., Fa. My Conimis_ion er.Nin:~, snug. 30,--1993 ~ CONTRACT TO MAKE MUTUAL WILLS 1. This Agreement is made on ~~.~~ ~(_' , 1992, at Marysville, Perry County, Commonwealth of Pennsylvania between Benjamin P. Rice and Chio T. Rice. The parties reside at 621 Walton Street, Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, and ever since have lived together as husband and Wife. Children of the Parties 2. `The panties hereto have four (4) children. Nature of Agreement 3. This Agreement is not a Will. However, pursuant to this Agreement each party is required to execute a Will containing the provisions set forth in this Agreement. Agreement for Mutual Reciprocal Wills 4. In consideration of the mutual promises made in this Agreement, the parties each agree that they shall execute separate Wills contemporaneously with this Agreement setting forth the testamentary disposition of each as required in this Agreement. Property Subject to Agreement 5. The parties agree that all property owned by either of them absolutely or beneficially, solely or jointly, whether tangible or intangible, real or personal, and regardless of its character as separate property or marital property as of the date of death of the survivor between them shall be subject to this Agreement, and ust pass by Will as provided in this Agreement. Disposition on Death of First Party to Die 5. The parties agree that the Will of each shall provide that if Ze or she dies before the other, all property subject to this agreement shall pass to the survivor in fee simple, for the use, enjoyment, and benefit of the survivor without restriction or Limitation of any kind. .- ~ < Disposition on Death of Surviving Spouse 7. The parties agree that the Will of each shall provide that if he or she survives the other, all property subject to this Agreement shall pass as follows: equally to the children of the union of Benjamin P. Rice and Chio T. Rice and their issue per stirpes. Agreement Not to Revoke Wills 8. For the consideration set forth in Paragraph 4. of this Agreement, each of the parties agrees never to revoke or alter in any way, for any reason, his or her Will executed pursuant to this Agreement. Should any Will required by this Agreement be revoked, either party, any beneficiary as set forth in Paragraph 7., or the personal representative of any of them may bring an action at law for monetary damages, or an action in equity for specific performance or other appropriate equitable relief, including the imposition of a constructive trust on the property of any estate in the hands of a personal representative or of any beneficiaries. Power to Rescind Jointly 9. The parties reserve the power to rescind this Agreement by their mutual written consent, and subsequent to any rescission to revoke any Will or Codicil made in execution of this Agreement. --~ ? ', EXECUTED in Duplicate Originals on ~;~~` ~ ~ \~ , 192 . I ~ ~ / l i ,i ~ // Ben//' min P. Rice (Husband) ~i Chio T. Rice (Wife)