HomeMy WebLinkAbout01-14-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
COUNTY, PENNSYLVANIA
Estate of ~.u C•, ~~F ~~ . ~• ~ ~S~i1 File Number t~ (- vq - ~~ Z
also known as
Deceased Social Security Number c ~' ~ - '3(,, -- ,rj j~'~-
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
~(-C,O/rLIPLETE A' or B' BELOW:)`y_
L"! A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / a~Clie 3~`,F r\ S , .~Qy~-~ named in the
last Will of the Decedent dated Jq~r1rL- and codicil(s) dated
(State relevant circwnstances, e.g., renuncratron, death ojexecutor, 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
(COMPLETE INALL CASES:) Attach additional s/:eets if necessary.
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Decedent was domiciled aCt~d~eath in ~w ,r' County, Pennsylvania with his /her last principal residence at (~~ l ~l
_ ~le~h ~S~ si ~ra~ '__. S~P Y.,_Qi~ 17Q~__
(Listsueeladdress, town/ciq~, totivnship, county, state, zip~eode) -
Decedent, then -sue years of age, died on at ~~ ~ ~At~l ~~~..~ ~ ~C.~.,• SrP ~7~ 1
Decedent at death owned property with estimated values as follows
(If domiciled in PA) Al] personal property $ ~ ~, mn, r~,
(If 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:
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:
1'y ed or rioted name and residence __~
Form R4Y-0? rev. !0.[3.06 Pabf9 I Of 2
(Ijapplicabte, enter c. t. a.; d. b. n. c. t. a.; peadente lire; durante absentia; durar ritate)
Petitioners} after a proper search has /have ascertained that Decedent left no Will and was survived by the following spo i~t y
Adntinistration, c. t. a. ord. b. n. c. t. a., enter date of Will in Section A above and complete list of heirs.) ~ ! ' ' )
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Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANLA
SS
COUNTY OF
"The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and con-ect 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 rruly
administer the estate according to law.
Sworn to or affirmed and subscribed
-+-
befcre me the ~ ~" ~ day of
---~ awg
L~ ~ For the Register
Estate of
Deceased
Social Security Number: U'o~- ~ o -.~~ Date of Death: ~ 15 `Qq
AND NOW, ~ , ~~, in consideration of the foregoing Petition, satisfactory proof
having been present before me, I S DECREED that Letters ~e4~TA me ~'~~'U.k
are hereby granted to ~ . ~~1th
-~_ L- _~i''L- -
Signnlure aJPersonal Representative
Signature ojPersonal Representative
Signature ojPersonal Representative
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File Number: C~.1 -~~ -~~~,
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and that the instrument(s) date _~ Lp - I a~ ' ~~
described in the Petition be admitted to probate and filed ofrecord as the last
FEES
Letters ......... ...... $ "-O ~ ~~
Short Certificate(s) ........ $ O7~ .~O
Renunciation(s) .. ........ $
. ~jc P ... $ icy . Z~
... $
... $
... $
... $
... $
... $
TOTAL ....... ....... $ `~ d ~ c.`1~
(and Codicil(s)) of Decedent.
Register of Wills
Attorney Signature:
Attoney Name:
Supreme Court I.D. No.:
Address:
Telephone:
in the above estate
Fir»~ Rw-oz rev. l0.l3.oh Page 2 of 2
N
LAST WILL AND TESTAMENT c ~o
OF ~ 'r n
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LUCILLE J. SIMPSON ~ ,La-:
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I, Lucille J. Simpson, of Cumberland County, Pennsylvania, being of sound mind,
memory and understanding, do hereby make, publish and declare this as and for my Last Will
and Testament, hereby revoking all other wills and codicils heretofore made by me.
FIRST
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I direct the payment of my debts and the expenses of my last illness and funeral
from my estate as soon after my death as conveniently may be done. If there be no cemetery lot
available for my interment, owned by me at the time of my death, I authorize my personal
representative to purchase such cemetery lot with a contract for perpetual care, using therefor
funds from my estate, and I authorize my personal representative to cause title to or ownership of
such lot so purchased to be vested in such person as my personal representative shall designate.
Further, in this connection, I authorize my personal representative to expend funds
from my estate, in such amount as my personal representative shall consider necessary and
desirable, for the purchase, erection and inscription of a suitable marker for my grave.
SECOND
I give, devise and bequeath my entire estate of whatever nature and wherever
situate to my sons, Jack R. Simpson, Jr. and Steven C. Simpson, in equal shares, per stirpes.
THIRD
In the event a portion of my estate passes to an heir under the age of twenty-one
(21), then that portion of my estate passing to the heir shall be placed with my son, Steven C.
Simpson, as Trustee. In the event my son, Steven C. Simpson is unable or unwilling to serve as
Trustee, I nominate and appoint my son, Jack R. Simpson, Jr. as Trustee, under the following
conditions:
1. My Trustee shall pay principal and income to or for the benefit of the heir
during his life as my Trustee, from time to time, shall deem advisable for the health,
maintenance, support and complete education of such heir and the members of his or her
immediate family. In addition, my Trustee in his sole discretion may advance principal to said
beneficiary against the fractional shares to be advanced hereunder for the costs of marriage, or
the purchasing of a home or costs of entering a business or profession if my said Trustees shall
deem such expense reasonably prudent.
2. Notwithstanding the foregoing provisions, after attainment of twenty-one
(21) years each heir may withdraw the remainder of said principal and undistributed income.
3. In the event of the deat),. of a trust beneficiary prior to age twenty-one ('l l )
then my Trustee shall distribute any remaining principal and interest as such beneficiary shall
appoint by specific reference to this power in his or her will, or if such power is not exercised in
full, the unappointed principal shall be distributed to his or her issue, per stirpes, or in default of
such issue, to my issue, per stirpes; provided, however, any portion of such principal, which
would be distributed to any beneficiary for whom a trust is then held hereunder, shall be added to
such trust.
4. Should the principal of any trust herein provided for be or become too
small in my Trustee's discretion to make establishments or continuance of the trust advisable, my
Trustee may distribute the remaining principal and any accumulated or undistributed income
outright to the beneficiaries in the proportions to which they are then entitled to. The receipts
and releases of the distributees will terminate absolutely the rights of all persons who might
otherwise have future interest in the trust, whether vested or contingent, without notice to them
and without the necessity of filing an account with the court.
FOURTH
I direct that no Trustee, Executor or other fiduciary named, nominated, or
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appointed by this my Last Will and Testament shall be required to post any bond or give any
security of any type for any purpose whatsoever any law or rule of the court of the
Commonwealth of Pennsylvania or any other jurisdiction to the contrary notwithstanding. I
direct that the law of the Commonwealth of Pennsylvania shall apply to any interpretation or
application of the validity of this instrument.
FIFTH
My Executor and Trustee shall have the following powers in addition to those
vested in them by law and by other provisions of this Will, applicable to all property, real,
personal or mixed and wheresoever situate, including property held for minors, whether principal
or income, exercisable without court approval, and effective, with respect to each item of said
property until actual distribution thereof.
A) To retain, as investments of my estate or trust, any or all assets of my
estate, real, personal, or mixed, without regard to any principal of diversification, and to purchase
and acquire real or personal property and to hold any or all of such real and personal property
retained or acquired without making the same productive of income.
B) To permit the children, or any of them, to occupy any real estate retained
or acquired upon such terms and conditions as my executor or trustee shall deem proper.
C) To pay all taxes, charges and expenses of maintenance, upkeep,
improvements, development, protection, preservation and investment of any retained or acquired
real or personal property, such payments to be made from either principal or income as my
executor or trustee shall determine.
D) To retain or invest any and all funds, whether principal or income, in any
real or personal property without restriction to legal investments; to purchase investments at
premiums; to exercise all rights of a security holder or share holder in any corporation; and to
lease, mortgage, pledge, give options upon or sell at public or private sale and without approval
of any court, any real or personal property, or portion or portions thereof, irrespective of the
manner or the means by which the same was acquired by my said executor or trustee.
E) To make payment or distribution herein provided for in cash, kind or
partly in cash and partly in kind, at valuations fixed by my executor or trustee at the time of
distribution.
SIXTH
Any and all payment or payments of any sum or sums, whether in cash or in kind
and whether for principal or income, payable to an heir, or any of them, shall be made upon the
sole receipt of the respective individual to whom the payment is made, and free from
anticipation, alienation, assignment, attachment, and pledge, and free from control by the
creditors of any such beneficiary.
SEVENTH
I appoint my son, Steven C. Simpson, Executor of this my Last Will and
Testament. Should my son, Steven C. Simpson be unable or unwilling to serve as Executor, I
nominate and appoint my son, Jack R. Simpson, Jr. as Executor.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last
Will and Testament, consisting of six (6) typewritten pages, the first four (4) of which bear my
signature in the margin for the purpose of identification, this 12th day of June, 2002.
,~
' (SEAL)
ucille J. Si pson
Signed, sealed, published and declared by the above named testatrix, Lucille J.
Simpson, as and for her Last Will and Testament, in the presence of us, who, at her request, in
her sight and presence, and in the sight and presence of each other, have hereunto subscribed our
names as witnesses.
~',~x~. `~. ~~~~.,c ADDRESS 3(o y0~/"~l-~~ ~Q~Juue.,, ~QQh~~ Pct.
!c/yl,Q.n~ ~(~~ ADDRESSSi~nlorth L~lain~ztS't. M{. Lily s~,~,~?~ f764,5
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COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
We, Lucille J. Simpson, (~~~ ~" ~'~'n'~' and (,~{Y~Ia26~J (~~ ~~~`~
the testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing
instrument, being first duly sworn, do hereby declare to the undersigned authority that the
testatrix signed and executed the instrument of her Last Will and Testament, and that she signed
willingly and that she executed 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 Will as
witnesses, and that to the best of their knowledge, the testatrix was at the time eighteen (18) years
of age or older, of sound mind and under no constraint or undue influence.
Sworn to and subscribed before me this 12th day of June, 2002.
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