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HomeMy WebLinkAbout08-21-08PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYL~AN[A Estate of Ruby B. Wilkinson File Number 21-08- ~'~j~- also known as ecease Social Security Petitioner(s) who is/are 18 years of age or older, apply(ies) for: [X] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executors named in the last Will of the Decedent dated June 1, 2004 and codicil(s) dated N/A state re evenat ctrcumstances, e.g. renunctatton, eat o executor, etc. 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: [ ] B. Grant of letters of Administration c"~ (If applicable enter: c.t.a.; .n.c.t.a.; e ente rte; urante a s i~tt Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spo 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 ,..,, ;=: ~~(if any) ahd heirs: (If i t: ", ~'. - ~ ~., 8/16!08 770 South Hanover Street Decedent at death owned property with estimated values as follows: (If domiciled in Pa.} 200,000.00 (If not domiciled in Pa.) (If not domiciled in Pa.) Value of real estate in Pennsylvania situated as follows: Dickinson Township, Cumberlan ounty, 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: j ! - 1J1.V11{ll4 L. 144.. \S!J ....~, cam- 4100 Carlisle Road Gardners PA 17324 ~ ~~ ~ Donna Rae Tate Wolf '~ ~ 14 E. Hunter Dr. Carlisle PA 17015 Carol Tate Ayers ~~,~C•~.~~" 7 ~/'.f,C~ ~ 255 Pine Grove Road, Gardners. PA 17324 C~ v Cho . ~y.~-• 80 years of age died on g~ Page 1 of 2 - - _ COMPLETE IN ALL CASES:) Attach additional sheets if necessary. `~ Decedent vas domiciled at death in Cumberland County, Pennsylvania with his/her last principal residence at_ 770 South Hanover Street Carlisle PA 17013 Carlisle Borou h ast street a ress, town city, towns ap, county, state, ztp 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 corn 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 -/ a.,~~ before me this ~.1 a r t~~Ct,..~-~.~~~ ~ ~~ Leonard L. Tate .~~ ~~ Donna Rae ate Wolf_ For the Register ~! ~ ,~ ~,~~.~~ ` ~ ~ ~' File Number: Estate Of Ruby B. Wilkinson Social Security Number: Carol Tate Ayers `' ~ ~ .--, ~== ~: ~Caf~~T'a~e arner - _ ,_; -- , ~- Deceased Date of Death August 16, 2008 AND NOW `' '1, ~ -. Z1 `r1 , 200 ~ in consideration of the Petition, satisfactory proof having been presented efore me, IT IS DECREED that Letters Testamentary are hereby granted to Leonard L. Tate (~'~~ '~'"~~~.( ~• ~ t~ r" Donna Rae Tate Wolf Carol Tate Ayers in the above estate and that the instrument(s) dated June 1, 2004 described in thte Petition to be admitted to probate and filed of record as the las Will (and Codicil(s) of Decedent) FEES Letters ?~~ CJ, Short Certificates ` Z. inc. _ _ _ _ _ _ Sup. Ct. I.D. No Renunciation ~~ ~~ . ~~.~ Address: ~~~- Ali. ~il:+ ~_ l ;'~~~ J• ~4' Telephone: TOTAL... ~ L ~~~ 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 Page 2 of 2 Signature ~ ~ Attorney Name Robert G. Frey OCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for ihi~ certificate. $6.O0 ti .. , Certification Number This is to certify that the informatio^ here given is correctly copied G~om an original Certificate of Death duly filed with me a~, Local Registrar. The original certificate will be forwarded to the State Vital Records Office for ~~x~rmanent filing. ~, ~ ~,as .~ r ~ ~~~ Lo al Registrar -~; - `~-- Date Issued _ _ _. r J {'1 ~__x ....., c1 ,. 7-1 ~,,. ~a - ~, _r-- ~ ,~ ___ -1 .. r- ~,..: r - ~ ;; Nws-w PEV n'mDS COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS t~ TYPE ~ PPINT IN .~"' PERMANENT CERTIFICATE OF DEATH _ eucN can (See Instructions and exam les on reverse --ss ~` C P ~ STA7 E FILE NUMBER / I t f X f. a 1 Name d Darxxnl IF~y, mqd! Ia31. fumal 2. Sea 7_ SOtral SeaaiN NumWr d Date nl Deam IMmm, mr. yearl R W' femal 162 - 22 - 5879 August 16 2008 5. age IWa BntMayl lMtlx t rear Under I oar 6 Date d &nn IMmm. my. year) %. S~mVacs IC~N and s:me a ~o camrvl Ba. P!ace of Deam ICIxeH mlv anal •Anml OeH Nan a•arur Noamw: Omec S0 ,,, March 15 , 1928 rdners , Pa . ^ IrwatMm ^ ER r Ouwatbm ^ DOA "N:snq Ibrne ^ Resafenca ^O1MI $penfy PO Coumy d Deam Y C.N. Bono. iro. pl peam Bd. FapMy Name IH na nstmman, 9r• Mrsm and nlmger 9. Wr Decedem d Nntanc Orign? ~[j[ Nc ^ Yq Id ?ace AmenUn moan. Baa. WOde. arc Cumberland Carlisle Chapel Point @ Carlisle '"yea'pecAyCumn. Ispetm, Mesnan. Puerto PKan. ew.l W 111 to II. LYCMenI s UsVel OC[Vpillal INM d rvaa dpN du mum d roar ' le. Ct not Sate re Weal 12. Wq Cecadenl eve in IM 17 Deamrn s EduwUm ISCeply ody nignest gram mmpalMl ld. MenW Stalin'. Ma.^ed. Never Nlarned, 15. 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WILKINSON ... ~;,::RUBY B. WILKINSON, widow, of Dickinson Township (mailing address: 4348 ~rlis~e; road, Gardners, Pennsylvania 17324), Cumberland County, Pennsylvania, being of ~und~a-~d disposing mind, memory, and understanding, do hereby make, publish, and declare tlis as am~i'or my Last Will and Testament, hereby revoking and making void any and all Wills {- lzy; me at any~'time heretofore made. 1. I direct my hereinafter named Executors to pay all of my just debts and funeral expenses as soon after my death as may be found convenient to do so. I direct that my body be interred on my burial lot beside that of my first husband, Donald Leroy Tate, located in Idaville Cemetery in Adams County, Pennsylvania. 2. I further direct that all inheritance, transfer, estate, succession and death taxes which may be payable on account of my death, including interest and penalties thereon, shall be paid from the residue of my estate regardless of whether the assets upon which such taxes are based are included in my probate estate. 3. All of the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and bequeath in equal shares to such of my four (4) children as shall survive me by a period of ninety (90) days, their heirs and assigns, they being, Leonard L. Tate, Donna Rae Tate Wolf, Carol Tate Ayers, and Cathy Tate Starner. Should any of my said four (4) children fail to survive me by a period of ninety (90) clays then in such event the share which such deceased child of mine would have received shall be paid to such of his or her issue as shall survive me by a period of ninety (90) days, per stirpes, but if there be no such issue the same shall lapse and be added to the shares of my other children. 4. I hereby nominate, constitute and appoint my four (4) children who are Leonard L. Tate, Donna Rae Tate Wolf, Carol Tate Ayers, and Cathy Tate Starner, or any of them, as Executors of this my Last Will and Testament and I further direct that none of therm shall be required to post any bond to secure the faithful performance of his or her duties in the Commonwealth of Pennsylvania or in any other jurisdiction. 5. Should any person less than 18 years of age be entitled to distribution from my estate, in such event the share that person would otherwise have received shall be paid to my hereinafter named Executors, in trust, to receive and invest the same, and to pay the income arising therefrom, at least annually to or for the benefit of such person, and upon such person attaining 18 years of age to pay to him or her the then remaining principal together with any undistributed income. 6. In addition to the powers conferred by law, my hereinbefore named Executors and Trustees and their successors, are empowered: a. To invest any part of the trust corpus in such securities, investments, or other property as may be deemed advisable and proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. b. With respect to any corporation, the stacks, bands, or other securities of which may be held, to vote in person or by proxy on any shares of stock; to consent to th.e merger, consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale of the property of any such corporations; to make any surrender, exchange or substitution of such stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of such corporations; to pay all assessments, subscriptions and other sums of money which may be deemed wise and expedient for the protection and maintenance of the proportionate interest of the investment in such corporations; to exercise any option or privilege which may be conferred upon the holders of such stocks, bonds, or other securities of such corporations either for the conversion of the same into other securities or for the purchase of additional securities, and to make any and all necessary payments which may be required in Page 1 of 3 Pages .. .. connection therewith; and generally to have and exercise as to all such stocks, bonds and other securities, the powers of an individual owner who is not under trust obligation. c. To hold the trust corpus in one or more consolidated funds in which separate shares shall have undivided interests. d. To sell at public or private sale far cash or upon credit, or partly for cash and partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of my estate or the trust estate, and no purchaser at any such sale shall be bound to inquire into the expediency or propriety of any such sale or to see to the application of the purchase moneys arising therefrom. e. To keep on hand and uninvested such money as may be deemed proper and far such period as may be found expedient. f. To compromise, settle or arbitrate any claim or demand in favor of or against my estate or the trust estate. g. And authorized in the discharge of fiduciary duties, to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the principal or income of the trust fund, and shall further be entitled to charge against t:he principal or income such other reasonable expenses and charges as may be necessary and proper to incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. h. In making any division of property into shares for the purpose of any distribution thereof directed by the provisions of the trust, to make such division or distribution, either in cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any division or distribution in kind may allot any specific security or property or any undivided interest therein to any one or more of such shares, and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value far purposes of distribution of the securities or property so allotted shall be final and conclusive upon all persons interested in the trust or in the division or distribution thereof. i. And authorized to register any shares of stock or other assets of any trust in their own names or in the name of a nominee. To retain and invest in shares of stock of my Trustee. k. To retain any investments including mutual funds which I may own at the time of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. 1. To determine from time to time whether all or some portion of realized capital gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal to be retained as part of the corpus, and such designation need not be consistent from one year to another. IN FITNESS ~'VHEREOF, i have hereunto set my hand and seal to this my Last Will and Testament written on four (4) pages this f'~f day of June, 2004. ~' % ~ ~~ (SEAL) Ruby B, ilkinson Page 2 of 3 Pages • Signed, sealed, published and declared by Ruby B. Wilkinson, the Testator above-named, as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the presence of each other, have hereunto set our names as attesting witnesses. ~~ ~~ ~ ~~~. ,~ .:. ___ :~, -- i ~ ~~ __ _ _ ~ ~ N•5 e~ Page 3 of 3 Pages OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of Ruby B. Wilkinson ,Deceased Trisha A. Liess and Leonard L. Tate , (each) a subsribing witness to the [ ]Will [ ]Codicil presented herewith, (each) being duly qualified according to lavw, depose(s) a say(s) that she / he /they was /were present and saw the above Testator / Tesatrix sign the same and that she / he /they signed as a witness at the request of the Testat . r /Testatrix in her /his presence and in the pres ce of each other. ____.~ (Signature) (Signature) 5 South Hanover Street (Street Address) 4100 Carlisle Road (Street Address) Carlisle, PA 17013 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed bef me this day f 'L~-Q- eputy for Register of Wi11s Gardners, PA 17324 (City, State, Zip) Executed out of Register's Office Sworn to or affirmed and subscribed before me this _day of , 20_ Notary Public My Commission Expirees: (Signature and Seal of Notary or other offic<il qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To betaken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization.