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HomeMy WebLinkAbout11-12-08PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Ida Jane Smith also known as COUNTY, PENNSYLVANIA File Number 21-OS- ~ I) ,Deceased Social Security Number 168-26-5530 Brian N mith Petitioner(s), who isiare 1 S years of age or older, apply(ies) for: (COMPLETE 'A' or '13' BELOW.) Q 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 04/12/1979 and codicil(s) dated State relevant circumstances, e. g., renunciation, death of 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 app ica e, en er c..a.; ..n.c..a.; pe en e r e; uran e a sen ra; uran a moron a e Petitioner(s1 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. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) r~ n a C m -; I __i Name Relationship Residence ~'"~ '-!-' ~ ~ J 7r r - ; - r ,; .~-_ -,~ N - j ;~ ~ _ ''` ' ~ p ~rt D -, W (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 Sarah A. Todd Memorial Home, Carlisle, PA (List street address, town/city, township, county, state, zip code) Decedent, then 7g years of age, died on 1 011 012 0 0 8 at Sarah A. Todd Memorial Home, Carlise, PA Decedent at death owned property with estimated values as follows: (If domiciled in PA) (If not domiciled in PA) (If not domiciled in PA) Value of real estate in Pennsylvania situated as follows: All personal property $ Over 50,000.00 Personal 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: Signature Typed or printed name and residence Brian N Smith 3474 Fort Robinson Road f C- -- Loysville, PA 17047 Fo,71t rtev. ~~-ra-woo 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. Sworn to or affirmed and subscribed before me this ~ ~~ day of r ~. ~~ _____ ~ ti~ . S-______.~ ~~`_-_~ Signature of Personal Representative Brian N Smith Signature of Personal Representative ,~ 7 ca Co rxa _t . _- - -~ v c~ - 'y ~ - ` F the Register Signature of Personal Representative - s ~_ Sri h h? _ ~_:~~ .I C-, ,-, C _ -. it. ys ~, _ r'! ~ - -~ C_ . =} File Number: 21-08- U ~,rj p W W Estate of Ida Jane Smith Social Security Number: 168-26-5530 Date of Death: 1 011 012 0 0 8 Deceased AND NOW, , in consideration of the foregoing Petition, satisfactory proof hiving been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Brian N Smith in the above estate and that the instrument(s) dated 0411 211 9 7 9 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ....................................... ..... $ 135.00 Short Certificate(s) .................... .... $ 20.00 Renunciation(s) ........................ ..... $ Automation Fee $ 5.00 -1CP Fee $ 10 00 $ $ $ $ $ $ TOTAL .................................... $ 170.00 Attt Supreme Court I.D. No.: 68003 Hazen Elder Law Address: 2000 Linglestown Rd. Suite 202 Harrisburg, PA 17110 Telephone: 717-540-4332 Form RW-OZ Rev. f0-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 Attorney Name: Marielle F Hazen ~os.iiz REV. i-os WARNING: IT IS ILLEGAL TO ALTER THIS COPY ~0R ~EEEFORrHis TO DUPLICATE BY PHOTOSTAT OR PHOTOGRAPH. cERrtFicnrE ss.oo) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HEALTH VITAL RECORDS LOCAL REGISTRAR'S CERTIFICATION OF DEp-TH CERT. NO Name of Decedent ~ ~~P~'(N OF pFyy~lt ~~'~` ~ 0 /jam !'s T 6225525 ~,~o~.'-,~d . `~s 'I ,f +I I~TMENT OF ~~-P~ Ida Jane '~' f " t' ~~' /ll October 14, 2008 Date of Issue of This Certi6catlon Smith Rrsl Mitldle Lest Sex Female _ Social Security No. 168 - 26 - 5530 Date of Death _ Oct.. 10, 2008 Date of Firth Oct._ 16, 1931 Birthplace _Loysville, PA Place of Death Sarah A. Todd Memorial Home Cumberland Carlisle Pennsylvania Fecihty Name County Clty. enough of TowcshiF Race _ White _ Occupation _ Director Armed Forces? (Yes or No) _ No ___._ Decedent's Widowed 3400 Fort Robinson Road Loysville PA 17047 Marital Status Mailing Address Number Street Qty or Town State Informant: Brian N. Smith_ Funeral Director James F» Nickel Name and Address of Nickel Funeral Home, P.O. Box 910, Loysville, PA 17047 Funeral Establishment- - - Interval Between Part I: Immediate Cause Onset and Death (a) Cerebral Vascular Accident ~ Hypertension ~~ ~ ~-` (bl - - - - (C) /!'I ~ Part II: Other Significant Conditions Dementia Manner of Death Natural ~ Homicide ^ Accident ^ Pending Investigation ^ Suicide ^ Could not be Determined ^ Name and Title of Certifier Address Describe how injuni occurred: William S. Kauffman - ~ ~ ~ ..~ ~ ~ 1 M.D. (M.D., Q.O., Cosner, M.E.) 1921 Spring 'Road, Carlisle, PA 17013 This is to certif~~ that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original cerl:ificatE~ will be forwarded to the State Vital Records Office for permanent filing. ~~~~%!'~-` J -1/d/- 50-455 L al Registrar of VRaI Records District No. October 14, 2008 1 1 Barnett St., New Bloomfield, PA 17068 Da?e Received ny .coal Registrar Street Adnress City ©orough. TcwnsYilp ca ~ - - t? ~ ~sr- ... ~.,r f~"1 ~.. _ - ~7 ':~ i ?~ N + .:. WILL -} "_ c7 x,. J ;~ ` ~ ~ . _ ._ c.$. OF - i ~~ ~ t,J ~ I. JANE SMITH I, I. JANE SMITH, of the Township of Northeast Madison, Perry County, Pennsylvania, declare this to be my last 41111 and re~~oke any Will previously made by me. ITEM I. I devise and bequeath all of my e:~tate of every nature and wherever situate to my husband, NEIL J. SMITH, providing he shall survive me by sixty (60) days. ITEM II. Should my husband, NEIL J. SMITH, predecease me or die on o before the sixtieth (60th) day following my death, acid should my son, BRIAN NEIL SMITH, be 25 years of age or older, I devise anti bequeath all of my estate of every nature and wherever situate to my so~1, BRIAN NEIL SMITH. ITEM III. Should my husband, NEIL J. SMITH, predecease me or die on ;~ or before the sixtieth (60th) day following my death, and should I have no issu then living, I devise and bequeath all of my estate of every nature and whereve situate in equal shares to my brothers and sisters and my husband's brothers .~ and sisters who are living on the sixty-first (61st) day following my death. `'~ ITEM IV. Should my husband, NEIL J. SMITH, predecease me or die on o U ~, ;~ `' before the sixtieth (60th) day following my death, and should my son, BRIAN NEIL SMITH, not yet be 25 years of age, I devise and bequeath all of my estate of every nature and wherever situate to my trustees Hereafter named, IN TRUST, for the following uses and purposes: A. To pay the net income therefrom to my son, BRIAN NEIL SMITH, or to use same for his benefit, until he rE~aches the age of 25 years. B. As much of the principal of this trust as my trustees in their sole discretion may from time to timE~ think advisable for the support of my son, BRIAN NEIL SMITH, (including college education, both graduate and undergraduate), or during; illness or emergency, shall be either paid to him or else applied directly for him or his Page 1 of 3 Pages benefit by my trustees after taking into account his other readily available assets and sources of income and support. C. When my son, BRIAN NEIL SMITH, reaches the age of 25 years, the then-remaining principal and any income accumulated thereon shall be distributed directly to him. ITEM V. The interest of the beneficiary hereunder shall not be sub- ject to anticipation or to voluntary or involuntary :alienat.ion. ITEM VI. My executors and trustees shall Have the following powers addition to those vested in them by law and by other provisions of my Will applicable to all property, whether principal or inc~~me, including property held by a minor, exercisable without court approval, and effective until actual distribution of all property: A. To retain any or all of the assets of my estate, real or per- ~) ,'}~ sonal, without restriction to investments ,authorized for Pennsylvania -: Fiduciaries, as they deem proper without regard to any principle of i~ diversification or risk. ,~ B. To invest in all forms of property without restriction to ~-~ investments authorized for Pennsylvania Fiduciaries, as they deem p ,~, ., per, without regard to any principle of diversification or risk. ~. - C, To sell at private or public sale, to exchange, or to lease for any period of time, any real or personal property and to give op- tions for sales, exchanges, or leases, for such prices and upon such terms or conditions as they deem proper. D. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper in their sole discretion. ITEM VII. I appoint my sister, VONNY R. :LATCHFORD, and my sister-in law, VIRGINIA M. EARNEST, trustees of the trust created by this my last Will. Should either of my named trustees fail to qualify or cease to act as trustee, the remaining one shall act alone in that capacity. Page 2 of 3 Pages ITEM VIII. I appoint my husband, NEIL J. SMITH, executor of this my last Will. Should my husband, NEIL J. SMITH, fail to qualify or cease to act as executor, I appoint my son, BRIAN NEIL SMITH, executor of this my last Will if he is 25 years of age at the date of my death. Should my son, BRIAN NEIL SMITH, fail to qualify or cease to act as executor, or should he not be 25 year of age at the date of my death, I appoint my sister-in-law, VIRGINIA M. EARNEST executrix of this my last Will. ITEM IX. I direct that my executors and trustees shall not be re- quired to give bond for the faithful performance of 1=heir duties in any juris- diction. IN WITNESS WHEREOF, I hereunto set my hand this ;%,~'j"~ day of ~:,~~'~L~ 1979. I. Jane Smith The preceding instrument, consisting of t:h:i.s and two other typewritte pages, each identified by the signature of the testae=rix was on the date thereo signed, published and declared by I. Jane Smith, the testatrix therein named, as and for her last Will, in the presence of us, who,, at her request, in her presence, and in the presence of each other, have sut~scribed our names as wit- nesses hereto. ,. ._ -, ~ ~ i' } ~. ~: '~ ,~ r ~ ,~~~~ ~-~ Page 3 of 3 Pages (-C~Y'lJl~~ OATH OF NON-SUBSCRIBING WITNESS(ES) REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Ida Jane Smith Deceased ~ei>A~ N. JIrYI. ~~ and ~~~cri~~ ~ 'P ~ , ~' h+~ Q ~ (Print Name) (Print ame) (each) being duly qualified according to law, depose(s) and say(s) that she / he /they was /were well- acquainted with Ida Jane Smith and am/are familiar with the handwriting and signature of the decedent, and that the signature ofida Jane smith to the foregoing instrument purporting to be the Last Will and Testament/Codicil of Ida Jane Smith /f . ~~ ~-~ is in his/her own proper handwriting. (Signature) 3~7~ ~aRT ~o~:.vso~/ /~o~ (Sheet Address) !..-~ ysv : l l~E ~ t 7a ~f 7 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this ~ ~ ~ ~ day of ;~ , ~~ . Deputy for Register~f Wills _Z aw.c,.,,,tr~e ~ _ C ` i _~ (Signature) !v~ ~/a~ (Street Address) (City, State,Qip) ~ `r~ ~ ~ .~ _i..t _1 J ~ ~ - ~ at.:.: 7 - '.,~ ' t.. ~ `~~~ i- _i _ - ;'C. 7 C r y w - - .-~ w Form RW-O4 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc.