HomeMy WebLinkAbout01-30-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
021-01- ~/cg'
Estate of Ma Louise Be er File Number
also known as MarX.Lou Bgyers
Deceased Social Security Dumber 209057685
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE A' OR 'B' 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 4/7/2008 and codicil(s) dated
no exceptions
(State relevant circumstances, e.g., renunciation, death of executor, etc.,l
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 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
Adminictrntinn r i n nr d h n c t n onter date of Will in Section A above and complete list ofheirsJ ~
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his !her last principal residence at
101 S Queen Street Ship~ensburgSBorol PA 17257
(List street address, townlcity, township, county, state, zip code)
Decedent, then 90 years of age, died on 1 /22/2009 at Shiooensbury Health Care Center
121 Walnut Bottom Road Shippensburg PA 17257
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 50.000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $ 100 000.00
101 South Queen Street, Borough of Shippensburg, Cumberland County, 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:
Signature Typed or printed name and residence
Mary Ann Rudy
6441 Richm nd Hi hwa #301 Alexandria VA 22306
Page 1 of 2
Form RW-02 rev. 10.13.06
(COMPLETE INALL CASES:) Attach additional sheets ijnecessary.
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 the day of
.lane, ,
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F'or th egister
Signature of Personal l~lpresentative Mary Ann Rudy
Signature of Personal Representative
Signature of Personal Representative
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Estate of Mary Louise Beyers ,Deceased
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Social Security Number: 209057685 Date of Death: 1 /22/2009
AND NOW, January , 2009 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary _
are hereby granted to Mary Ann Ruder
h~ the above estatE
and that the instrument(s) dated April 7 2008
described in the Petition be admitted to probate and filed of record as the last Will (and Codicils}) of Decedent. t
FEES v ~ ~ ~~ (ti'•
Letters ............................. 260.00
$ ! Register of Wills
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Short Certificate(s) •••••••••••• $ 24.00 Attorney Signature:
Renunciation(s) •••••••••••••••• $ j ~'
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Automation .... $ 5.00 Attorney Name: o R. Zullin er
JCP fee .... $ 10.00 Supreme Court I.D. N o.: 17516
Will .... $ 15.00
.,•• $ Address: 14 North Main Street. Suite 200
"" $ Chambersburq
.... $
.... $ PA 17201
.... $
$ Telephone: ~717~264-6029
TOTAL ............................. $ 314.00
Form RW-02 rev. 10.13.06 Page 2 of 2
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LOCAL REGISTRAR'S CERTIFICATION OF QEATFI
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this L•ertifieatL•. `•;h.O(1 ~~1H Of pE ~-~ ~Th1~ a to ~ertit~' Thai the. Inforo~ation here glen is
,r~~~, , - /y'~ correctly u~picd f)nm ,In u)iginal Certificate u1' Death
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/,~rq~; ~~~=` dul~~ tiled ~~~ith me as Local RetTrstrar. The original
~;'~f ~z~l ~erUCn.alc will he funn~~u'ded to the State Vir~rl
- ~°I ~'~ ail Recurtl~ Of ~~ 'c fur p' ta) tt filings.
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Ccrtil~icatiun _~umher ~ L et~islrrh Date Issued
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H10S743 REV 71f20D6 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
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BLACKNINNT CERTIFICATE OF DEATH -
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(See Instructions and eremoles nn rcwnrca.y . tJ ---1
1. Name d Decedent (FIfM, middle, led, eiAks) 2. Sex 3. Sodel Security Number y ^ • ` ' ,LL •u'n 4. Date a Death (Month, day„yaar) '~,
MARY LOUISE BEYERS Female 209 - OS - 7685 Jan. 22 2009
5. Age (last Bintdey) tMtler 1 year UM« 1 day 6. Dale d Birth (Month, day, year) 7. Binhplece (Cat' ark Hale a lore n ceunlry) Be. Place of Death (Check onl orw)
"°""` °"~ "°'"` ""'"'"` Shirleysburg HoaPitac Other:
90 Yre' A r • 2 191 8 ^ 1rlpalienl ^ ER (Outpaced ^ DOA ®Nursing Home ^ Residerwe ^Olher ~ Spedly.
flb. Count' o1 Deem &. City, eero, Twp. of Death Btl. FecYNy Name (II nd hstildion, give alreel aM number) B. Was Decedent d Hbpenk Onpin? ®Ne ^ Yes 1A. Raw: Amerken Indian, Black, Vyhie, ac.
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QI yes, apedly Cuban, (SpecAy)
Cumberland Shi Shi ensbur Health Care. Center Alexicen,PUedoRican,etc.) White
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11. Decetled
a Usual ion Nintlal work done
moa7 d wo ~ Re. Do not stale rekretl 12. Was Decedent ever in the 13. Decedent's Edumlan (Spedty oat' highest grade completed) 14. MerNa1 SYa1us: Married, Never Martietl, 15. Surviving Spouse (N wife, give maiden reme)
Kid a Work KiM d Baseless /Industry U.S. Armed Fomes? Elementary /Secondary (PIT) College (1-1 w 5+) Widowed, DW«cetl (Spedly)
Readin s ecialist in StdLOOi Dis ^Yea ®No 12 rs. 5+ rs. Widowed
16.Decedent's lAagip Adtlreas lStreet, dtyftown, stele, Zip urotle) Deceaem•a
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1 0 1 S . Queen S t . Adml Resitlence 176. bYate Y U
nc. ^ res. Dec¢danl Lined m T
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nb.co~my Cumberland 17tl.®No,DecedeniLiveewnhin Shippensburg
Shi ensbur PA 17257 Ad
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18. Fa9rer's Name (Fist, mitltlle, reel, wflix) 19. Mdher's Neme (Fast, middle, maiden sumeme)
Ro Li htner Anna Lutz
Zda. IrdomlHM's Name (Typ¢! Pixd) 20b. mlamad'a McNing Atlaeas (Sbeet, city /town, Nle, zip rode)
Mar Ann Reeser-Rod 6441 Richmond Hw 301 Alexandria VA 22306
21e. Method d Di6pmllkn ^Crematon ^ Donation 216. Dale o1 DispmNion (Monm, day, year) 21c. Place a Dispwilun (Name a mmelery, «amkory w finer place) 21d. Localx>n iCity / kwn, stele, zip code)
® Bwial ^ Removal Iran Stele I W
as DremMion w Donegon Aahor¢ed
^ ~r-~r 1 byMediealExNniner7coronen ^Yes^No Jan. 28 2009 S vin Hill Cemeter Shi ensbur PA 17257
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to Fawner Service lea ~~o
) 226. License Number 22c. Neme aMAtldress d FadNy ~ 112 W. K1Tiy $t.
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FD 011776-L 1 er-ffiidcer Flmeral Fkme Inc, p.0. Box 336 Shi PA 17257
Comgkte hems 23a<aJy when ced¢ying 23a. To Nw best a my knowledge, doam occurred et the firm, tlate ark
pWce aWled. (SiprleWre end INk) 23b License Nimber 23c Dale S' Me
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physidan is not aveikde el8me d deem b /A'/ ', J
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conpleled by person ~ 25. Dale Pmnourlcetl Dead Month, da , ar
Neme 2a-26 mra be 24. Tana d Death ( y y¢) 26. Was Case Relerted b dial Examirrer 1 Coroner
rAro pronounces death
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~ for a Reason Olh¢r than Cremation or Donetbn7
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c/ ' ~ M. C- l1 U~i1 G'V ,'~,c~^ . n. L~ E)
CAUSE OF DEATH (See InaMUCtbm and example r Approximate ntervel: Pan II: Eder aher;f odkcent eomaons coddbucno to deem,
xem 27. Pad I: Enter the duin d ewnls -diseases, ilyaiea, or rompliraACns -mat directly caused ma deem, DO NOT rxner laminar events such as cardiac a
rest 2B. Diu Tobago Use Contddae b Death?
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, s Oreel b Death bd not rewtlig in the uM«tyutg cause gven in Pad I,
respuralory anent, or veneicWer IiDdlatbn rdlhoul ahowhtp Uw eliokpy. L1N ony oce muse on each Are. t ^ Yes ^ Probabty
NWEDIATE CAUSE (Firer tlsease or ~r_ • I ^ No ^ UNcrown
caldilion reatiNrog n death) ~, a C..L/Yi,'~1tZ~wi ~L2r-+~s _ ~yZ~./i r
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29. II Female:
Due W (or a& a wrls
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batlnq ro tM muse fisted on Nce a
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^ Pregmnl a1 Ame a death
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EMtt &w UNDERLYMC CAUSE (or as a cwlaequence op: r
^ Nd pragmnl, bd progneM wiNCa az days
Idsease a h?Jury mat kalleletl the o
MriU reudug in death) LAST, d death
Due to (or es a con
sequence olY Nol re
^ P Anent, bM Dregrent 43 days to t year
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^ Unknown II gegnanl wuhin the pal year
3Aa. Was m Autopsy 30b. Were Auopsy Fvideps 31. Men a Deem 32e. Dale of Injury (Modh, day, year) 32b. Desixibe How Iryury Oxurted
Padariied? Avetlade Prior to Canpletion 32o Plain d mM^Y: Home, Farm, Shea, Fadory,
d Cause d Death? rural ^ Homkke Office Butlding, ek. (SprcNy)
Yes ~
^ Yes No
^ [} ^ Acdtlent ^ Pend'nA tmrestigaLion 32a. Tine d hyury 32e. liyury el Work? 321. Il7rarsponation I
nWry (SPecnYJ
32g. Location d lipiry IStreel, dry
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^ Siidtle ^ Cook Nd be Determined ^ Yes ^ Nc ^ ewer! Operator ^ Passenger ^Peik+slnen
M~ ^Olher~$pecily
33a. Caliller (check ody one)
' Cartitying physkian (Plrysiden cedNL'in
cause al tleaN
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Tome Debt of my krwwliidpe, dulh ottwred tlue to the cause(s) end menrer es staled_ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _
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To the beat d my knowledge, death occurred m the Ilme, dtle, end plain, and due to the cauae(sl aM manner u staler. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^
• MetllcN Examiner 1 Coroner 33c. Liceme Numb«
M ~ !7 S ~ 3 o CI _ L 33d. Dale Slgcetl (Monty day, year)
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Dn IM hints a examMetbn arm / or Inreatigallon, b my oDi death ac«red n the time, date, and plsce, entl due to the cauee(c) end.manner u ateted
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_ 34. Name and Address of Perao
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35. Regisuefs Signature and D
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JRZ - 5.1'beyers.2 January 31, 2008
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LAST WILL AND TESTAMENT a, c~
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T, Mary Louise Beyers, of 101 South Quee-~fi Stmt,
Shippensburg, Cumberland County, Pennsylvania, being of sound and
disposing mind, memory and understanding, do hereby declare this to
be my will, hereby revoking any and all former wills and codicils
thereto by me heretofore made.
I.
I direct that all my just debts and funeral expenses,
including all expenses of my last illness, shall. be paid from my
estate as soon as practicable after my decease as a part of the
expense of the administration of my estate.
II.
I give, devise and bequeath the residue of mjr estate of every
nature and wherever situate as follows:
A. Two percent thereof to Shippensburg University
Foundation, Inc.;
B. Two percent thereof to my grandson, Eric Reeser, if he
survives me by thirty days. In the event my said
grandson predeceases me or dies on or before the
thirtieth day following my death, his share shall be
distributed equally among my remaining grandchildren in
these remaining paragraphs C, D, and E;
C. Two percent thereof to my grandson, Will Reeser, if he
survives me by thirty days. In the event my said
~~
grandson predeceases me or dies on or before the
thirtieth day following my death, his share shall be
distributed equally among my remaining grandchildren in
these remaining paragraphs B, D and E;
D. Two percent thereof to my granddaughter, Ann Reeser, if
she survives me by thirty days. In the event my said
granddaughter predeceases me or dies on or before the
thirtieth day following my death, her share shall be
distributed equally among my remaining grandchildren in
these remaining paragraphs B, C, and E;
E. Two percent thereof to my granddaughter, Emily Ryan, if
she survives me by thirty days . In the event my said
granddaughter predeceases me or dies on or before the
thirtieth day following my death, her share shall be
distributed equally among my remaining grandchildren in
these remaining paragraphs B, C and D;
F. Ninety percent thereof to my children, namely Mary Ann
Rudy, William E. Beyers, Jr., Beverly D. Ryan and Jane A.
Beyers, in equal shares, provided that the share of any
child who predeceases me or dies on or before the
thirtieth day following my death shall be distributed to
said beneficiary's issue, per stirpes,, living on the
Page 2
thirty-first day following my death, and in default of
any such then-living issue, such share shall be added to
the share or shares of my other then-living children.
G. When issue is used herein, it shall not include step-
children.
III.
Any distribution to be made to my daughter,. Jane A. Beyers,
shall not be distributed outright to her, but shall be distributed
to my daughters, Mary Ann Rudy and Beverly D. Ryan, IN TRUST, for
the benefit of my daughter, Jane A. Beyers, as follows:
A. During the life of my daughter, Jane A. Beyers, no
portion of the principal of this trust shall be paid to
said beneficiary or expended for said beneficiary's
benefit nor distributed for any other purposes whatsoever
except as hereinafter expressly provided.
B. No payments of income shall be made from this trust to or
for the benefit of my daughter, Jane A. Beyers, until the
trustee has taken into consideration all of said
beneficiary's available assets and sources of income
including entitlement to benefits and services from any
local, state or Federal government or agency (or from any
private agency).
C. During the life of my daughter, Jane A. Beyers, no
portion of this trust, either principal or income, shall
Page 3
be subject to anticipation, pledge, assignment or
obligation of my daughter, Jane A. Beyers, nor be subject
to any reimbursement, execution, attachment, levy or
sequestration or other claims of or interference from the
creditors of my daughter, Jane A. Beyers, or of said
beneficiary's estate or of any one who may be obligated
for said beneficiary's support, including any government
or governmental agency or private agency which has
provided benefits or services to my daughter, Jane A.
Beyers.
D. During the life of my daughter, Jane A. Beyers, subject
to the consideration stated in subparagraph B and C
herein, my trustee may expend upon my daughter, Jane A.
Beyers, for said beneficiary`s health and medical care,
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support and maintenance and reasonable comfort, so much
of the income or the principal of the trust as my trustee
shall determine. My trustee shall have sole and absolute
discretion in determining whether such expenditure for
is to be made. It is my desire that the trustee provide
such resources and experiences that will contribute to
and make my daughter`s life as pleasant, comfortable and
happy as if feasible. It is my intention that this trust
be a supplemental needs trust (and not a support trust)
for the supplemental and special needs of my daughter,
Jane A. Beyers.
E. During the life of my daughter, Jane A. Beyers, all
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payments from this trust which go for said beneficiary's
direct benefit shall be direct payments to the person or
entity supplying regular services to said beneficiary at
the request of the trustee.
F. Should the existence of this trust disqualify my
daughter, Jane A. Beyers, from eligibility for any
substantial government or private aid or benefits or
services, then this trust may, in the sole discretion, of
the trustee be terminated and the then-remaining
principal and any accumulated and undistributed income be
distributed to my remainder beneficiaries under
subparagraph G hereof.
G. Upon the death of my daughter, Jane A. Beyers, this trust
shall terminate and all principal and any accumulated and
undistributed income shall be distributed to my issue,
per stirpes, living at the time of my daughter's death.
IV.
My daughter, Mary Ann Rudy, shall be given the opportunity to
purchase my real estate at 101 South Queen Street, Shippensburg,
Pennsylvania, at its value as established by appraisal for
Pennsylvania inheritance tax purposes, and my executor may credit
my daughter's share of my estate against the amount due for my
home. For any additional amount owed, my daughter may sign a
promissory note amortized over a ten-year period at five percent
Page 5
interest payable to my three remaining beneficiaries equally.
V.
As of the time I have executed this will, I have over the
years, already given my son, William E. Beyers, Jr., the sum of
approximately $25,000.00, and my daughter, Jane A. Beyers, the sum
of approximately $25,000.00. In order to be fair to all my
children, I direct my executor to deduct from the share of said
child under this will the amount I gave them out of necessity over
the years.
VI.
In the event that anyone entitled to a share of my estate
shall be under the age of eighteen years at the time for
distribution to such beneficiary, I constitute and appoint my
executors as guardian of any property which passes either under
\ this will or otherwise to said minor. Said guardian shall in the
J guardian's sole discretion and without order of court, use
principal as well as income from time to time as may appear to be
necessary for the minor's welfare, comfort, medical care,
recreation, support and education, without responsibility to the
minor or to any person taking care of the minor; and the remaining
balance in the hands of said guardian shall be distributed to said
minor when the minor attains the age of eighteen years. If such
Page 6
minor dies prior to attaining the age of eighteen years, said
guardian is authorized in the guardian's discretion to pay part or
all of the minor's funeral expenses and the remaining balance in
the hands of said guardian shall be distributed to the minor's
personal representative. In the event the funds held by the
guardian for any minor become in the opinion of the guardian too
small for proper and efficient administration, the guardian, in the
guardian's sole discretion, may deposit such funds in a savings
account in the name of the minor.
VII.
Any fiduciary under this will shall have the following powers
~~~ in addition to those vested in them by law and by other provisions
of my will applicable to all property whether principal or income,
^ including property held for minors, exercisable without Court
approval, and effective until actual distribution of all property:
A. To retain any and all of the assets of my estate, real or
personal, without regard to any principle of
diversification of risk.
B. To invest in all forms of property including stock,
common trust funds and mortgage investment funds without
restriction to investments authorized for Pennsylvania
fiduciaries as they deem proper, without regard to any
principle of diversification of risk.
C. To sell at public or private sale, to exchange or to
Page 7
lease for any period of time any real or personal
property and to give options 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.
E. To compromise any claim or controversy.
F. To distribute in cash or in kind or partly in each.
.~ G. To hold property in their names without designation of
~-~ any f fiduciary capacity or in the name of a nominee or
unregistered.
VIII.
I direct that all taxes that may be assessed in consequence of
my death of whatever nature and by whatever jurisdiction imposed,
shall be paid from my residuary estate as a part of the expense of
~ the administration of my estate.
IX.
The interest of the beneficiaries hereunder shall not be
subject to anticipation or to voluntary or involuntary alienation;
and the principal and income shall be paid by the trustee or
guardian directly to or for the use of the beneficiary entitled
thereto, without regard to any assignment, order., attachment or
Page 8
claim whatever.
X.
I appoint my daughter, Mary Ann Rudy, as executrix of this my
will. Should my daughter, Mary Ann Rudy, predecease me, fail to
qualify or cease to act, I appoint my daughter, Beverly D. Ryan, as
executrix of this my will.
XI.
No bond shall be required of any fiduciary hereunder in any
jurisdiction.
IN WITNESS WHEREOF, I hereunto set my hand and seal to this my
last will and testament, consisting of eleven typewritten pages,
the first eight of which bear my signature in rth~e ~ argin for the
purpose of identification this / __ day of
~nri 1 _, 2~-
(SEAL)
Signed, sealed, published and declared by the above-named
testatrix as and for her last will and testament in our presence,
who in her presence, at her request and in the presence of each
Page 9
other have hereunto set our hands as attesting witnesses.
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We, Mary Louise Beyers, ~~ I ~, ~ ~_)11'1C}~,I~ and
~YYII ~ ~ <I L[,VI~ 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 as her last will and testament and that she 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
said testatrix, signed the will as witnesses and to the best of
their knowledge, said signer was at that time eighteen years of age
or older, of sound mind and under no constraint or undue influence.
Page 10
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Subscribed, sworn to and acknowledged
before me by the above-named signer and
subscribed and sworn to befor~ me by the
above ~amed witnesses this Z- day of
Notary Pub
COMMONWEALTH OP PENNSYLVANIA
Notarial Seal
Angela M. Schaeffer, Notary Public
Shippensburg Boro, Cumberland County
MY Commission Expires May 15, 2011
Member, Penns~!t-.•~;~q..~.,,,.~~tlon ~f Notaries
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