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HomeMy WebLinkAbout11-20-08PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Margaretta Neff File Number 21-- (fig- ~I~ also known as ,Deceased Social Security Number 180-07-6848 Linda K. Klein Petitioner(s), who isiare 18 years of age or older, apply(ies) for: (COMPLETE `A' or `8' BELOW.) ~X A. Probate and Grant of Letters Testamentaryand aver that Petitioner(s) isiare the Executrix named in the last Will of the Decedent, dated 01/12/2001 and codicil(s) dated Jack F. Kenyon predeceased 2-8-2008 State relevant circumstances, e.g., renunciation, death ofexecuto~ 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.; p en e ~ e; uran e a sen ~a; uran a moron a e 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(/f Administration, c. t. a. or d. b. n. c. t. a., enter date of Wll in Section A above and complete list of heirs.) Name Relationship Residence ~, .rte `~..', "^. ~. ~ ~ `~~ r -' ~-;` N _-.; f S"! p -': 't J L~ ,.; - + ~ . ~ ~ - ~ . 7 (COMPLETE IN ALL CASES.) Attach additional sheets if necessary. ; j ~ ~ -- Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal resid~Ir.-te at ~ Shi ensbur Health Care Center Shi ensbur Shi q pp 9 pp g, ppensburg Township, Cumberland, PA 17257 (List sfreet address, town/city, township, county, state, zip code) Decedent, then 95 years of age, died on 11/03/2008 Shippensburg Health Care Center, 121 Walnut Bottom Road, at Shippensburg, PA, 17257 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 All personal property Personal property in Pennsylvania Personal property in County situated as follows: 48,000.00 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 ~<C;~ Linda K. Klein 405 Maple Hill Avenue Shippensburg, PA 17257 ` ,1 Form KW-UZ Rev. >0-13-2006 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 Ot~~~h day of L~ 'J For the Register Linda K. Klein Signature of Personal Representative Signature of Personal Representative File Number: 21-- (('~ Estate of Margaretta Neff ,Deceased Social~Ste~curity Number: 180-07-6848 ~1 Date of Death: 11/03/2008 AND NOW, 1 VOVPsrn~k.n.. ~® ocOV'8 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Linda K. Klein and that the instrument(s) dated 01/12/2001 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters .................................... ...... $ "I V •W Short Certificate(s) .................. ...... $ Renunciation(s) ....................... ...... $ ~ ~t Y ~ $ ~ ~ ~7 ~~ // ~~ $ ~V •~ A~ ~-~ to ~+~ ~. $ 5 _ ~w $ $ $ $ $ TOTAL .............................. .... $ ~ a0 . ~7 in the above estate A A Weigle 8~ Associates, P.C. Address: 126 East King Street Shippensburg, PA 17257 Telephone: 717/532-7388 Form RW-OY Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 Supreme Court I.D. No.: 01624 ,~ ,~ LAST WILL AND TESTAMENT y.~ ~." ;`,_ , _, ~~ r> i L I, MARGARETTA NEFF, presently residing at 207 South Penn Street, Borough of Shippensburg, Cumberland County, Pennsylvania 17257, being of sound mind, memory and disposition, do hereby make, publish and declare this my Last Will and Testament, hereby revoking and making void all wills by me at any time heretofore made. FIRST. I order and direct the payment of all my legally enforceable debts and funeral expenses as soon as may be convenient after my decease. SECOND. I give, devise and bequeath all my estate, real, personal and mixed, whatsoever and wheresoever situate, as follows: A. I give, devise and bequeath one-fourth (1/4) of my estate to my son, JACK FREDERICK KENYON, presently residing at 203 South Penn Street, Borough of Shippensburg, Cumberland County, Pennsylvania 17257, provided he survives me by sixty (60) days. In the event Jack Frederick Kenyon predeceases me or is not living on the sixtieth (60~') day following my death, I then give, devise and bequeath his share to my daughter-in-law, MARY A. KENYON, presently Q, residing at 203 South Penn Street, Borough of Shippensburg, Cumberland o ~_ ~ County, Pennsylvania 17257, on a per stirpes distribution basis. ._ cr ~ _=; ~'-~ ~~$: I give, devise and bequeath one-fourth (1/4) of my estate to my grandson, ~'>~' "_~ COURTLAND ALEXANDER KENYON, on a per stirpes distribution basis. ca cr =-- ~„ tv r' , ~~ I give, devise and bequeath one-fourth (1/4) of my estate to my grandson, JACK ~ =~ CHANDLER KENYON, on a per stirpes distribution basis. `~ v 0 N D. I give, devise and bequeath one-fourth (1/4) of my estate to my grandson, BARCLAY KENNETH KENYON, on a per stirpes distribution basis. THIRD. In the event that any beneficiary of this my Last Will and Testament is under the age of eighteen (18) years, I then give and bequeath said beneficiary's share to and appoint as Guardian of any property which passes under this Will or otherwise, ORRSTOWN BANK, of Shippensburg, Cumberland County, Pennsylvania, AS GUARDIAN, NEVERTHELESS, to invest and re-invest the same until the said beneficiary reaches the age of eighteen (18) years, with the following powers in addition to those presently given by law: A. The power to expend the income towards the health, support and maintenance, and education, including a college (both undergraduate and graduate), trade, business or technical school education, of the said beneficiary; cr c- . © ~ - ~'C~ (~ 1 jWEIGLE. ~NS & ASSOCIATES -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-]397 ~~o B. The power to expend the principal, within the discretion of the said Guardian, if the income is insufficient, towards the health, support and maintenance, and education, including a college (both undergraduate and graduate), trade, business or technical school education, of the said beneficiary; C. The power to sell any and all real estate, within the discretion of the said Guardian; D. The power and obligation to distribute the balance of principal and interest, if any remaining, when the said beneficiary reaches the. age of eighteen (18) years, without the necessity of a formal adjudication of the Guardian's Account in the Court of Common Pleas of Cumberland County, upon the receipt of a good and valid release; and E. The principal of the Guardianship and the income therefrom shall be free from the debts, liabilities, and engagements of those beneficially interested therein, and shall not be subject to assignment by him or her, nor to attachment or execution under any legal, equitable or other process for the enforcement oi: judgments or claims of any sort against them, either individually or collectively. FOURTH. I nominate, constitute and appoint my son, JACK F. KENYON, to be the Executor of this my Last Will and Testament; if he be unable to fulfill the duties of Executor, I then nominate, constitute and appoint LINDA K. KLEIN, presently residing at 405 Maple Hill Avenue, Shippensburg, Franklin County, Pennsylvania 17257, to be the Executrix of this my Last Will and Testament. FIFTH. I direct that neither my personal representatives nor Guardians shall be required to give bond for the faithful performance of their duties in any jurisdiction. SIXTH. I hereby direct that all federal, state and other death taxes payable because of my death, with respect to the property forming my gross estate for tax purposes, whether or not passing under this Will, including any interest or penalty imposed in connection with such taxes, shall be considered a part of the expense of administration of my estate and that such be paid out of the rest and residue of my estate. SEVENTH. I direct my Executor to retain the services of DAVID P. PERKINS, ESQUIRE, of the firm Weigle, Perkins & Associates, with respect to the settlement of my estate due to his familiarity with my affairs. IN WITNESS WHEREOF, I, MARGARETTA NEFF, have hereunto set my hand and seal to this my Last Will and Testament, written on two (2) pages, the first page signed for identification only, this 1 ~ -~ day of /~,~,~-c , 2001. ~~.ciyc: a::t c~~ ~ 1 ~ s - l ~..,~ (SEAL) ~,~ WEIGLE, PERKINS & ASSOCIATES -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ~.~. .. .. ~, , COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND , G the witnesses whose names are signed to the foregoing i trument, eing duly qualified according to law, do depose and say that we were present and saw Margaretta Neff, the Testatrix, sign and execute the instrument as her Last Will; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix, signed the will as witnesses; and that to the best of our knowledge the Testatrix was at the time eighteen (18) or more years of age and of sound mind and under no constraint or undue influence. _, Sworn or affirmed to and subscribed before me by ~flyib P. P~~~c~,~~ witnesses, this j ~ day of , 2001. Jerry A Weigle, Notary f'ubl'iC WEIGLE, PERKINS & ASSOCIATES -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 This instrument was by the Testatrix, on the date hereof, signed, published and declared by her to be her Last Will and Testament, in our presence, who at her request and in the presence of each other, we believing her to be of sound and disposing mind and memory, have hereunto subscribed our names as witnesses. ~cG~ / r~ + ~~ , COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, MARGARETTA NEFF, the person whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to and acknowledged before me by Margarett eff, the Testatrix, this ~ Z ~ day of 2001. G I~ ~Y A- Wei9~, Notary Public ~Ilippensburg, PA Cumberland County fission Fxl~>res Cct!~f~;r 07 200 WEIGLE, PERKINS & ASSOCIATES -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397