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HomeMy WebLinkAbout11-21-08~ ~ PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Eleanor D. Bailey also known as COUNTY, PENNSYLVANIA File Number ~` OO - l ~ `Q Deceased Social Security Number 205-12-9156 Petitioner(s), •~•ho 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 person named in the last Will of the Decedent dated Dec. 26, 2003 and codicil(s) dated and appointed as Executor (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 (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durante absentia; durance minoritate) Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) att~teirs: (If Administration, c. t. a. ord. b.n. c. t. a., enter date of Will in Section A above and complete list of heirs.) ar'} ~ ~ © m ~-' Name uPiA~:,,~~ti:., „__ ,E==,,_._., r-, r:~ (COMPLETEINALL CASES:) Attach additional sheets if necessary. ~ ~ p 4`_'= ~' Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal restdence at 309 N. 21 s1 Street. Camp Hill, PA 17011 (List street address, town/city, township, county, state, zip code) Decedent, then ~_ years of age, died on November 2, 2008 at 209 N. 21st Street, Camp Hill, PA 17011 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 278,000.00 (1f 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 follows: Wherefoi e, 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: Si nature T ed or Tinted name and residence ~ Lawrence J. Bailey, 58 Little Run Road, Camp Hill PA 17011 Form RW-02 rev. 10.13.06 Page I of 2 Oath ofPersonal 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. /l _ ~ r- Sworn to er affirmed and subscribed before me Yre ~~ day of I~ove~Y,l~-e.~ , o~CX~~ ~ / .. ~ ~ Fo* the Register ~~L X t/ `rr~~(~rY~~~ I Signature of Persona[Represer atiy Signature ofPersonal Representative Signature ofPersonal Representative File Number:_ ~ ~ - (~ $ - ~ (Lo I Estate of Eleanor D. B ;;~cial Security Number: 205-12-9156 Deceased Date of Death: November 2, 2008 AND NOW, ~jvp~rn ~.w „ ~ 1 ,apQ~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Lawrence r Bailey _ in the above estate and that the instrument(s) dated December 26, 2003 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES ~ $ ~~/ ,.O , ~ Registe f,.W Letters ............... l.U `~~ Shon Certificate(s) ........ $-~-~S~Z Attorney Signature: ~ ~Z _ _ _o Renunciation(s) .......... $ ~C(-~ . g ,.•,Ol~ ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $.31 U . (x~ ~'B` Attorney Name: William L. Grubb, Esq. Supreme Court LD. No.: 72661 Address: 3803 Gettysburg Road Camp Hill, PA 17011 717 763-5580 Telephone: Porm Ru'-01 °e v. 10.13.06 Page 2 of 2 Last Will and Testament of Eleanor D. Bailey I, ELEANOR D. BAILEY, of 1207 Scenery Drive, Mechanicsburg, Cumberland ~ County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making void all previous Wills and Codicils heretofore made by me. FIRST ~. I order and direct my personal representative hereinafter named to pay all of my ~ just debts, expenses of my last illness, funeral expenses, including my grave marker and perpetual care, and expenses involved or connected with the administration of my estate, as soon after my death as is reasonably possible. However, my personal representative need not accelerate and pay those unmatured obligations which, in his, her or its opin it might be proper and more advantageous to retain or renew and pay as they ble i-~n and payable. - SECOND ~=° ~~ .:.~ ~ ~_i I give, devise, and bequeath the rest, residue and remainder of my Esta e -» "-~ nature and wherever situate, at my date of death, together with all insuranc~'proa thereon, to be divided in equal shares as practicable, to my children ROBERT E. BAILEY, of Mountain Home, Idaho, RICHARD T. BAILEY, of Enola, Pennsylvania, and LAWRENCE J. BAILEY, of Camp Hill, Pennsylvania, per stirpes. THIRD No interest of any beneficiary of my estate or of any trust created by this Last Will and Testament, either in income or in principal, shall be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have the power in any manner to charge or encumber his interest, either in income or principal, nor shall the :; ;~ , -; ,_: r_~:~-, '-_-~ --r-i -- r~_t "~" ` 1 interest of any beneficiary be liable or subject in any manner while in the possession of my personal representative for the liability of such beneficiary. FOURTH I order and direct that any estate, inheritance or similar tax due as a result of my death with respect to any property passing as a result of my death, shall be paid from the residue of my Estate before its division into shares and prior to distribution as an expense of administration and that no part of the taxes should be prorated or apportioned among the persons or beneficiaries receiving the taxable property. It is my express intention that all inheritance taxes imposed as a result of my death be paid from the residue of my estate whether or not the property passes under my Last Will and Testament. My personal representatives shall have full power and authority to pay, compromise or settle any such v taxes at anytime whether with respect to present or future interests. FIFTH I hereby authorize and empower my Executor hereinafter named to sell all of the real property and any or all of the personal property not specifically bequeathed herein, ~ which I may own or to which I am entitled at the time of my death, in the sole discretion ~~ of my Executor at private or public sale, with or without an Order of Court, at such time or times and upon such terms as the said Executor shall deem proper for the best interests of my estate or of my beneficiaries, thereby converting the same to cash. I further authorize and empower my said Executor to execute, acknowledge and deliver all proper writings and deeds of conveyance and transfer thereof. SIXTH I nominate, constitute and appoint my son, LAWRENCE J. BAILEY, as executor of this my Last Will and Testament. If he is unable or unwilling to serve or ceases to act as executor, then I nominate, constitute and appoint my son, ROBERT E. BAILEY, as executor of this my Last Will and Testament. I direct that my personal representative 2 shall not be required to give or post bond for the faithful performance of his, her or its 'duties in this or any other jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament which consists of three (3) pages to each of which I have affixed my signature, this ~ day of ~i C~z~/;'~003. (~ I Eleanor D. Bailey Signed, sealed published and declared by the above ELEANOR D. BAILEY as and for her Last Will and Testament, in the presence of us and each of us, who, at her request and in her presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. ~~ ~ ~/L~C~f~ 3 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS I, ELEANOR D. BAILEY, the testator whose name is signed to the attached or foregoing instrument, having been duly qualif ed according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Eleanor D. Bailey Sworn or affirmed and acknowledged before me by ELEANOR D. BAILEY, the testator, this ~ (,`~ day of J , 2003. ~~~ ' ~ . Notary NOTARIAL SEAL WILL{AM L. GRl>R$, Nfllary Public Lower Allen Twp., Curr~berland County My Commission Expass Aug. 13, 2005 1 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND WE, ,~~ , ~,,,., /~ Gru ~ b , and CVn~ i0. ~-. ~l.~lnct,5G~A.lA,V~ the witnesses whose names are attached to the foregoing instrument, being duly qualified according to law, do depose and say that eve v~°ere present and saw testator sign and execute the instrument as his Last Will and Testament; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the Last Will and Testament as witnesses; and that to the best of our knowledge the testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. ~.~n~-,` ~~ (seal) ~`b ~//] ~nr~l, ,l~Lt,V~- (seal) Sworn or affirmed and subscribed before me byS,;,~,aJ N~(- ~~b~ ,and ,,~ ~, ~)A,~.q~~2,q,.~, witnesses, this O~l.o~ day o~~_, 2003. W nn '`. . .K~-' Notary NOTARIAL SEAL WILLIAM L. GRt18B, IVoiery Public Lower Allen Twp., Curr~berfand County My Commission Expires Aug. 13, 2005 2