HomeMy WebLinkAbout11-12-08 (2)
~" PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of MARTHA L. DAMS File Number 2.1 08 ~ ~~
also known as
,Deceased Social Security Number 220-36-9284
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 EXECUTOR named in the
last Will of the Decedent dated 7/2/08 and codicil(s) dated 10/24/2008
(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
(lfapp/icable, enter: c. t. a.; d.b.n.c.t.a.; pendente liter durante absentia; durante minoritate)
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. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
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(COMPLETE INALL CASES:) Attach additional sheets if necessary. ~ t
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Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his /her last principal residence at 47 BULLOCK
CIRCLE CARLISLE PA 17015 SOUTH MIDDLETON TOWNSHIP
(List street address, town city, township, county, state, zip code)
Decedent, then 98 years of age, died on 11/4/08 at CARLISLE REGIONAL MEDICAL CENTER
361 ALEXANDER SPRING ROAD CARLISLE PA 17015
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 1,800,000 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 $ 0 00
situated as follows:
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
~~ MANUFACTURERS AND TRADERS 717-240-4505
TRUST COMPANY_ nne WPat u;oh Qtrac4 r~,.r,~to .,. ,.,..,..
Form RW-O2 rev. ]0.13.06 Page 1 of 2
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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
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before me the _Lz ._'day of
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For the Register
of Personal R presen rive David C. Gority, Vice President & Tr Officer
Signature of Personal Representative
Signature of Persona! Representative
File Number: 21 ' OS - 1 l 1
Estate of MARTHA L. DAMS ,Deceased
Social Security Number: 220-36-9284 Date of Death: 11/4/08
AND NOW, Nuv . ~ Z , 2008 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentarv
are hereby granted to Manufacturers and Traders Trust Comnanv
Executor
in the.above estate
and that the instrument(s) dated 07/02/08 and 10/24/08
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters ............................. $ IC)lo 0 ~ DO
Short Certificate(s) ............ $ x-48 • pt~ _
Renunciation(s) ................ $
~- .... $ 15~~
J CP .... $ .l~s~_
~~b`f`tVP.~4~ .... $ 5. LA~
.... $
.... $
.... $
.... $
.... $
TOTAL ............................. $ ~ 153 . c~
Attorney Signature:
Attorney Name: No V Otto III
Supreme Court I.D. No.: 27763
Address:
Telephone:
10 East Hieh Street
Carlisle
PA 17013
717-243-3341
Form RW-O2 rev. 10.13.06 Page 2 of 2
F:\FTLES1CGents\7154 Davis\7154, Lcodicil.l
CODICIL
I, MARTHA L. DAMS, of South Middleton Township, Cumberland County, Pennsylvania,
being of sound and disposing mind, memory and understanding, do make, publish and declare this
to be a Codicil to my Last Will and Testament dated July 2, 2008.
1.
I hereby delete Item Two, C, in said Last Will and Testament .and replace it with the
following:
C. I give the sum ofTwenty-five Thousand Dollars ($25,000.00) to each
of my stepson's ex-wife, THELMA C. DAMS, and to my step-grandchildren,
KATHY DAMS HAMMOND, GARY ROBERT DAMS and THOMAS EDWARD
DAMS, all with substitution of issue.
2.
In all other respects, I hereby ratify and affirm my said Last Will and Testament dated July 2,
2008.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this a~~ day of
~(-~b-(,~~, , 2008.
Martha L. Davis
SIGNED, SEALED, PUBLISHED AND DECLARED bytheabove-named Testatrix, as and
for a Codicil to her Last Will and Testament dated July 2, 2008, in the presence of us, who at her
request, have hereunto subscribed our names as witnesses thereto, in the presence of the said
Te tatrix and o each other.
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Page 1 of 2 Pages
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
SS.
We, Martha L. Davis, ~ VV y • Ci `f'r0 ,and U (~-r~ ~. ~ ,Q- ~, . d 7'ry ,
the Testatrix and the witnesses, respectively, whose names are signed to the foregoing instrument,
being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and
executed the instrument as a Codicil to her last Will dated July 2, 2008, and that the Testatrix has
signed willingly, and that the Testatrix 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 Codicil as a witness and that to the best of his/her knowledge the Testatrix was at that time
eighteen years of age or older, of sound mind and under no constraint or undue influence.
Subscribed, sworn to and acknowledged before me by Martha L. Davis, the Testatrix, and
subscribed and sworn to before me by ~ VV ~ • ~ TTC~ 1 l _ and
1 C."7p 21 fF- )... • (~iTD ,the witnesses, this~~~`day of , 2008.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
NOTAItIAI, SEAL
Corrine L. Myers, Notary Public
Carlisle Borough, Cumberland County
My commission expires May 27, 2011
Page 2 of 2 Pages
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Martha L. Davis, T atrix
' F:\FILES\Climts\7154 Davis\7154-1.w.wid.2004
LAST WILL AND TESTAMENT
I, MARTHA L. DAVIS, of South Middleton Township, Cumberland County,
Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and
declare this to be my Last Will and Testament, hereby revoking any and all former Wills or
Codicils by me made.
ITEM ONE
I direct that all my legally enforceable debts, funeral expenses, testamentary expenses
and all inheritance taxes (whether such taxes may be payable by my estate or by any recipient
of any property) shall be paid from my residuary estate as soon as practicable after my
decease and as part of the administration of my estate. My Executor shall have no duty or
obligation to obtain reimbursement for any such tax so paid, even though o~-.proceeds~f
insurance or other property not passing under this Will.
ITEM TWO _; ~rr ~, ~,
J,VI~
I give, devise and bequeath all of my estate, both real and personal ~, `ico~`erty,
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follows: :,.~ =~ `t?
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A. I give such items of personalty as are itemized in a certain list attached hereto
to the persons named thereon, which list is signed and dated by me at the end thereof.
B. I give the sum of Two Hundred Thousand Dollars ($200,000.00) to each of my
nieces, MEREDITH LAUDENSLAGER RIALS and PHYLLIS LAUDENSLAGER
CHIRGOTIS, with substitution of issue. '
C. I give the sum of One Hundred Thousand Dollars ($100,000.00) to each of my
stepson's ex-wife, THELMA C. DAVIS, and to my step-grandchildren, KATHY DAMS
HAMMOND, GARY ROBERT DAVIS and THOMAS EDWARD DAMS, all with
substitution of issue.
D. I give the sum of Twenty Thousand Dollars ($20,000.00) to the SNYDER
COUNTY, PENNSYLVANIA, HISTORICAL SOCIETY.
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M.L.D.
Page 1 of 4 Pages
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E. I give the sum of Ten Thousand Dollars ($10,000.00) to the MOAA
SCHOLARSHIP FUND, Alexandria, Virginia.
F. I give all the rest, residue and remainder of my estate, both real and personal
property, unto SUSQUEHANNA UNIVERSITY to be added to THE LAUDENSLAGER
FUND FOR EDUCATION.
ITEM THREE
I nominate, constitute and appoint MANUFACTURERS AND TRADERS TRUST
COMPANY, a New York banking corporation with offices in Carlisle, Pennsylvania, as
Executor of my estate.
ITEM FOUR
I direct that my Executor shall not be required to file a bond to secure the faithful
performance of its' duties in any jurisdiction.
ITEM FIVE
I authorize and empower my Executor, in its' sole and absolute discretion, to purchase
or otherwise acquire and retain any investments of which I die seized or any real or personal
property of any nature; to sell, lease, pledge, mortgage, transfer, exchange, dispose of or
grant options in regard to any or all property of any kind forming a part of my estate for such
terms and such prices as it may deem advisable; to borrow money for any purposes connected
with the protection and preservation of my estate; to mortgage or pledge any real or personal
properly forming a part of my estate or to join in or'secure the partition of same; to
compromise any claims or demands of my estate against others or of others against my estate;
to make distribution in kind and to cause any share to be composed of cash, property or
undivided fractional shares in property different in kind and to cause any share to be
composed of cash, property or undivided fractional shares in property different in kind from
any other share; to employ agents, attorneys and proxies and to delegate to them such power
as my Executor considers desirable and~to pay reasonable compensation for such services as
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M.L.D.
Page 2 of 4 Pages
may be rendered by such agents, attorneys and proxies; and to execute and deliver such
instruments as may be necessary to carry out any of these powers. In addition, I direct that
my Executor shall have the power to conduct an inventory of any safe deposit box necessary
to the administration of my estate.
IN WITNESS WHEREOF I have hereunto set my hand and seal this~~'day of
Q ~- , 2008.
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c~x~ (SEAL)
Martha L. Davis
SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testatrix,
as and for her Last Will and Testament, in the presence of us, who at her request, have
hereunto subscribed our names as witnesses thereto, in the presence of the said Testatrix and
of each other.
Page 3 of 4 Pages