Loading...
HomeMy WebLinkAbout02-17-09 (2)PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of MARY H. MCCREA also known as COUNTY, PENNSYLVANIA File Number ~~ " ~7 - L/ ~ (.f~~ Deceased Social Security Number 181-42-8412 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 JULY 2 , 2008 and codicil(s) dated (State relevant circumstances, e.g., renunciation, death of executor, etc.) Except as follows, Decedent did not many, 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 durance absentia; durante minoritateJ N Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if an~nd heirs: (`f Administration, c.t.a. or d.b.n.c.t.a., enter date o Will in Section A above and com [ete list o heirs. C7 .r~ ? f P f ) c. ~ p -T ~..: Name Relationshi Res~¢ n ~ - - - ~'7 1'~ t.. ~' 4., ,~ .:^ ~ -' ~ 1 (COMPLETE INALL CASES:) Attach additional sheets if necessary. ~ ~ Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his /her last principal residence at 70 MCCREA ROAD NEWVILLE PA 17241 LOWER MIFFLIN TOWNSHIP (List street address, town/city, township, county, state, zip code) Decedent, then 92 years of age, died on FEBRUARY 10, 2009 at 70 MCCREA ROAD, NEWVILLE, PA 17241, 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 $ situated as 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: Si nature T ed or rioted name and residence ~ ~', A, Q J p ANDREW M. MCCREA, 150 GYPSY RUN RD, NEWVILLE, PA 17241 Form RW-02 rev. 10.13.06 Page I 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 the ~__ day of the 1, ~,1. J ,l '~ '~t ojPersonal Representative N Signature of Persona! Representative C~'7~ o - _ _ ~,Q 1'T1 ~- -' .' Signature of Persona! Representative File Number: o~ l - ~9 - ~1 l9 ~ yam-. Estate of MARY H. MCCREA `- ~~ ~ i °'r 1 .:...:.~ I © •' .. - ~ ' ..,t Deceased Social Sec ity Number: 181-42-8412 Date of Death: FEBRUARY 10.2009 AND NOW, ,p~OC3 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT DECREED that Letters TESTAMENTARY are hereby granted to ANDREW M. MCCREA and that the instrument(s) dated JULY 2 , 2008 described in the Petition be admitted to probate and filed of FEES 90 • Utz Letters ............... $ Short Certificate(s) ........ $ ~ -Ul1 Renuncigtion(s) .......... $ t ~.Q ... $ i 5 c~ $ lG • GL~ ... $ ... $ ... $ ... $ _ ... $ TOTAL .............. $~ S~f . ~ as the last Wyll (did Codicil(s)) q('Decedent. in the above estate ' i't~/7 ' Attorney Signature: Attorney Name: SALLY J. DER Supreme Court I.D. No.: 24705 Address: P.O. BOX 341 NEWVILLE, PA 17241 Telephone: Form RW-02 rev. 10.!3.06 Page 2 of 2 7~..,,,.~i',. i ~,~.... „r. ., ~ . 2~~° F~'E3 17 ~~~+ 10~ S ~ ., Mfr ~G ~~y:~~~~r~1~ill dnd-2estdment o ~~ . _ ~l~lary ~L: ~l~lcCrea I, MARY H. McCREA, of Lower Mifflin Township, Cumberland County, Pennsylvania, being of sound mind and memory declare this to be my Last Will and Testament and revoke any will or codicil previously made by me. ITEM I: I direct that all my just debts and funeral expenses, including my gravemarker and all expenses of my last illness, shall be paid from my residuary estate as soon as practicable after my decease as a part of the administration of my estate. ITEM IL• I give, devise and bequeath those articles of furniture and personal property as set forth in a separate memorandum, which I shall place with my Will and copies of which I sha[1 provide to the recipients as set forth in the memorandum prior to my decease. ITEM III: I give, devise, and bequeath all of my M & T Bank and Trust Company, or its successors and assigns, bank stock to my grandchildren living on the date of my death in shares of equal value, share and share alike. ITEM IV: I give, devise, and bequeath the full sum of Five Thousand ($5,000.00) Dollars to each of my great grandchildren, their heirs and assigns, living on the thirty-first day following my death. ITEM V: 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 part of the expenses of the administration of my estate. ITEM VL• I appoint ANDREW M. McCREA, guardian and trustee of any property which passes either under this Will or otherwise to a person under the age of twenty-one (21), or other person entitled to distribution under the terms of Item III above, and with respect to which I am authorized to appoint a guardian and have not otherwise specifically done so, provided that this appointment of a guardian and trustee shall not supersede the right of any rduciary in its discretion to distribute a share where possible to the person under the age of twenty-one (21)or to another for the person under the age of twenty-one (21) years' benefit. Such guardian and trustee shall have the power to use principal as well as income from time to time for any person under the age of twenty-one (21) years' support. and education (including college education, both graduate and undergraduate) without regard to his or her parent's ability to provide for such support and education, or to make payment for these purposes, without further responsibility to the person under the age of twenty-one (21) years or to their parent or to any person taking care of the person under the age of twenty-one (21) years. ITEM VII: I give, devise and bequeath the rest, residue and remainder of my estate of every nature and wheresoever situate to my three children, ANDREW M. McCREA, MARY JANE SPENCER, AND LUCY M. BERII,LA, their heirs and assigns, in equal shares, share and share alike, provided however, that the calculation of these shares shall take into account the listing of lifetime gifts which I have made to my above-named children and which are set forth on a separate memorandum which I have signed and dated contemporaneously with this Last Will and Testament. Provided, however, that the residuary shares distributable to Lucy M. Berilla and Mary Jane Spencer, as set forth herein, shall be held IN TRUST, by ANDREW M. McCREA, and the income and principal shall be accumulated and distribution from these funds shall be made to each beneficiary at a rate often (10) percent per annum of the net distributable share of each beneficiary until such time as such beneficiary shall have depleted her share or shall have filed for, and begun to receive, Social Security benefits (excluding those received, or entitled to be received by Lucy M. Berilla as death benefits arising out of the death of William C. Berilla, Jr.) . At such time the beneficiary thus qualifying shall receive the balance of her net distributable share as well as any accumulated income accountable to her share. Upon the death of any beneficiary, the net distributable share shall be immediately distributable to the estate of the deceased beneficiary. ITEM IX: No interest in income or principal shall be assignable by a beneficiary or available to anyone having a claim against a beneficiary before an actual payment to the beneficiary. ITEM X: I appoint ANDREW M. McCREA, Executor of this, my Last Will and Testament. Should he fail to qualify or cease to act as executor, I appoint LUCY M. BERILLA executrix of this, my Last Will and Testament. ITEM VI: I direct that my Executors or their successor shall not be required to give bond for the faithful performance of their duties in any jurisdiction. 3 IN WITNESS WHEREOF, I hereunto set my hand and seal to this my Last Will and 1 Testament, written on ~_ sheets of paper, dated this day of July, 2008. ~~ ~~~,~a// J-~(`~Cd~ (SEAL) ARY . McCREA The preceding instrument, consisting of this and ~ other typewritten page(s), each identified by the signature of the testatrix, MARY H. McCREA, was on the day and date thereof signed, published and declared by MARY H. McCREA, the testatrix herein named, as and for her Last Will, in the presence of us, who, at her request, in her presence, and in the presence of each other, have subscribed our names as witnesses hereto. < V~~ ~~-(If/ residing at ~ l/~( ~i~ l~ ~~ ,~ t/ residing at 4 4„~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS We, MARY H. McCREA, the testatrix in, and the undersigned witnesses to, the will, the attached or foregoing instrument, who have signed the instrument, having been qualified according to law do depose and say: (a) that I, the testatrix, do hereby acknowledge that I signed the instrument as my will, that I signed it willingly and as my free and voluntary act for the purposes therein expressed; and (b) that we, the witnesses, were present and saw the testatrix sign and execute the instrument as her will, that she signed it willingly and 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 a witness and that to the best of our knowledge the testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. %~~~ . ' ~~ MARY H cC EA ~~ _ ~~~ fitness i ~ ~^'~~ . Wi ess Subscribed to and subscribed or affirmed and acknowledged before me by Mary H. McCrea, the testatrix and the itnesses whose names are signed above this day of July, 2008. tary Pu I c `" COMMONWEAL~FI OF PENNSYLVANIA NOTARIAL SEAL SALLY J. WINDER, NOTARY PUBLIC CITY OF SHIPPENSBURG, FRANKLIN COUNTY MY COMMISSION EXPIRES 3J14J2012 OATH OF SUBSCRIBING WITiVESS(ES~© j, , , -~ r; '~ ' REGISTER OIt WILLS _ i ~ ~ `- '~ } COUNTY, PENNSYLVANIA = c.. ~ v ~ ~ .~ .. ~ j <~ 3a -~ ~ i-t ~ _ ~'" .`1 _ ~ _ ^n„) Estate of /~ ~ ~t.2` S ~ ,Deceased kr~n ~,s (PrtatName/sJ (each) a subscribing witness to the ^ Will Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that she / he /they was /were present and saw the above Testator /Testatrix sign the same and that she / he /they signed the same and that she / he /they signed as a witness at the request of the Testator /Testatrix in her /his presence and in the presence of e h other. (Sig~rature) nn // (Si lure) (Su eet Addy essJ (Street Address) ~(~~t6(.Z ~~ GZa.~I (Cuy, state, Zip) EYeczzted in Register's Office Sworn to or affirmed and subscribed before me this _____~ day of Deputy for Register of Wills IU~I~ ~-~ ~ -~a~ 1 (City, State, Zip) Executed out of Register's Office Sworn to or affirmed and subscribed before me this t ~ day of ~z~q~, =i ~J Notary Pu is My Commission Expires: (Signature and Seal ofNotary or other o~ciat qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy C~MMD ~~apF~lAISYLVANIA Forou Rite-03 rev. 10.13.06 S~LYJ N07ARIAE gEgE CITY OF SHIPPENSBURG, ~TARV PUg~IC MY COMMISSION EXPIR~N3 14 COUNTY ~ /2012 r~ OATH OF SUBSCRIBING `VITNESS(ES) ~o ~~ , ' ~, ~, r,-c7~ ~ -_ ~; nn REGISTER. OF WILLS ,,r ! n ~ ~-acm ~ ~l~~.b~. COUNTY PENNSYLVANIA ~ i~? ~~ - _~ .s .~„ /y~ r..~ Estate of I - l~l G~~ ,Deceased /V I. S~,,~, .~,,,~ PY'1 krtic~ I,C/i.Q~, lti S /)'1...~an sP.rv~.~. (each) a subscribing witness to (Print Name/s) the 0 Will Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that she / he /they was /were present and saw the above Testator /Testatrix sign the same and that she / he /they signed the same and that she / he /they signed as a witness at the request of the Testator /Testatrix in her /his presence and in t e presenc f e ch other (Signatu2re (S' afure) J ` (Slreel Address) _A1'~vv~ l ce, P~ ~ ~~-~ l (C'ity, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this of day Deputy for Register of Wills 3r W. 1N1a~~ ~t~', (Street Address) NG~w~~(le ~~ t?~.~ft (City, State, Zip) Executed oart of Register's Office Sworn to or affirmed and subscribed before mre this ~ ~ day of + , _~' . . w~-~-- otary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the origin CiQMM~Nt:rEALTrI ©~' PENNSY~VAN~A A l SALLY J. WINDER, NOTARY PUBLIC Forst RW-03 rev. 10.13.06 f CfTY OF SHIPPENSBURG, FRANKLIN COUNTY MY COMMISSION EXPIRES 3/14/2012