HomeMy WebLinkAbout02-17-09PETITION FOR PROBA'TnE,~AND GRANT OF LETTERS
REGISTER OF WILLS OF ~iLI,rIIr,~U 1 COUNTY, PENNSYLVANIA
Estate of ..,J Q.-1'Y) ~2. S ~ O U 'Cl Y' d ~ 1 C ~~ ~l_I ~ ~~ 4''_
also known as
Deceased
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW.)
File Number ~~ "' ~ ~ ~ ~ ~ ~L'
Social Security Number 2 a8 ° 2ZJ -- ~~ J
0 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the
last Will of the Decedent dated ~_'Z SU~.I.t 1 qq 7 and codicil(s) dated
m
(State relevant circumstances, e.g., renunciation, death of executor, etc.) z ~ 3~ .,,.j -
C~ i`~ `~- - ;,
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of`'tNe`~~ent~ffered ` -=fi
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: w.. ~ ~ a ,-`r`fi
B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lice; durance absentia, durance mirtoritate)
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the 1.'ollowing spouse (if any) and heirs: (!f
Administration, c.t.a. or d. b. n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in ~`_ll tlnb ~Q.Y1 ~ County, Pennsylvania with his /her last principal residence at
(List street address, town/city, township, county, state, zip code)
Decedent, then ~_ years of age, died on ~ ~,o Ja'YItJQ,VC~ 09 at 8 bY`I 2 R ~ IJ(~ t LI Y~G ~2p~ A
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ ~ 8. S~~ ~ ~ ~FPX~
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $
U
PA~
you 1
Farm Rw-oz rev. lo.r3.o6 Page 1 of 2
situated as follows: 8 ~~ 1 Q 1J ~CJCl[i Ids I ~ t Yt C~. Sp Y 1 NG S P h1 ~ "ro~'~'
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:
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
n SS
COUNTY OF l ,~~~ ~~,,~
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 affir Jmed and subscribed
b~ re me the / ~ day of
f v'"w
For e Register
Signature of Persaia! Representative
Signature of Personal Representative "~° ~
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Signature of Persona[ Representative '- G'? -~
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File Number: ~ (~ n ~t /~~
Estate of ~, ~, ~Y1~S -C"IU 1JC~-i~t~ I~~`7"l~ I l S~ -, Deceased
Social rS-ecurity Number: of ~~ ~ ~~`~ ~7 (Y ~ J Date of Death: ~ - o.ZLe , ~~
AND NOW, ~ ! ~ ,i.(~~ (~P.b}~UQ,f~~ o`~~U , in consideration of the foregoing Petition, satisfactory proof
having been presented bef reYne,~Yl' IS DECREE that
are hereby granted to A Q ~ m ~ ~Gt ~/ ~e
-7 _ in the above estate
and that the instrument(s) dated '7 -~-~' `~
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
/ +~
FEES ~,/ ~(~ ~~ ( 7~~ _
Register of Wills ~1-
Letters ............... $ ~ ~ ~~
Short Certificate(s) ........ $
Renunciation(s) .......... $
t,l~i L~ ... $ 15<
... $
... $
... $
... $
... $
... $
TOTAL .............. $ 500
Attorney Signature:
Attorney Name:
Supreme Court I.D. No.:
Address:
Telephone:
z
Fornt RW-02 rev. 10./3.06 Page 2 of 2
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 15Q93859
Certification Number
This is to certify that the information here given is
correctlly copied from an original Certificate of Death
duly fired with me as Local Registrar. The original
certificate will be forwarded to the State Vital
Records Office for permanent filing.
~ ~~~n~ict~pet-aeac' JADd 2 7/2009
Local Registrar Date Issued
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
(See instructions and examples on reverse) STATE PttE NunneER
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s H. McAllister Male 209 _ 28 -`1463 anuary 26, 2009
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Dispositron PBriflil No. ~ ~ l~~ 7 I O I 0 (~ r .
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LAST WILL AND TESTAMENT '~~''
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JAMES HOWARD MCALLISTER
I, JAMES HOWARD MCALLISTER, Social Security Number 208-28-4463, of
the State of Pennsylvania, declare that this is my LAST WILL AND
TESTAMENT and I revoke all other wills and codicils previously made by
me.
FIRST: I appoint my Wife, NAOMI GAY MCALLISTER, as my Personal
Representative concerning this Will. If she is unable or fails to
serve, I then appoint my son, PATRICK VINCENT MCALLISTER of Virginia to
serve as my Personal Representative.
a. I request that my Personal Representative be permitted to
serve without bond or surety thereon and without the intervention of
any court, except as required by law. I direct that my Personal
Representative act in unsupervised administration ~~o as to administer
my estate with a minimum of court supervision. If it becomes necessary
to have ancillary administration of my estate in ar.~y jurisdiction where
my Personal Representative is unable or does not desire to qualify as
ancillary legal representative, I appoint as such ancillary legal
representative such individual or corporation as my Personal
Representative shall designate, in writing.
b. I direct my Personal Representative to pay the expenses
of my last illness, the expenses of a funeral apprc>priate to my station
in life and custom of living (including a suitable monument or marker
for my grave), and written charitable pledges whicri I have made. I
grant my Personal Representative the power to extend or renew any debt
for such time as my Personal Representative shall deem appropriate.
c. All estate, inheritance, succession and other death taxes
with respect to all property passing under this my Will shall be paid
from and borne by the principal of my residuary estate, without regard
to reimbursement, as if such taxes were administration expenses. My
Personal Representative may pay such taxes at any tame deemed
advisable, whether or not then due and payable.
d. My Personal Representative is requested to settle my
estate as soon after my death as may be practicable, and to pay or
deliver every legacy or bequest to my beneficiarie:~ without waiting any
time that may be believed to be customary in probate matters.
PAGE 1
tii c ~' OF 4 PAGES QmL
i~
e. I have served in the Armed Forces of the United States.
Therefore, I direct my Personal Representative to consult with a Legal
Assistance Attorney at the nearest military installation and with the
Department of Veterans Affairs and the Social Security Administration
to ascertain if there are any benefits to which my family members are
entitled by virtue of my military service.
f. I may leave a letter of intent with the executed copy of
this Will for the purpose of giving guidance to my Personal
Representative concerning the distribution or sale of certain items of
my property. I request, but do not require, that my Personal
Representative honor my wishes therein expressed.
SECOND: I give, devise and bequeath, absolutely and forever, all
of my estate and property of which I may be seized or possessed, or to
which I may be entitled, at the time of my death, wherever situated or
of whatever nature, be it real, personal, or mixed, to my Wife, NAOMI
GAY MCALLISTER, as her sole and absolute property if` she shall survive
me.
THIRD: In the event that my Wife, NAOMI GAY MCALLISTER shall not
survive me, I give, devise and bequeath, absolutely and forever, all of
my estate and property of which I may be seized or possessed, or to
which I may be entitled, at the time of my death, wherever situated or
of whatever nature, be it real, personal, or mixed, to my son, PATRICK
VINCENT MCALLISTER and my daughter, MARY KATHLEEN MCALLISTER and to any
child or children that have been or may be born to or adopted by me, in
shares of substantially equal value to be divided a:s they may agree.
a. If any of my children shall not survive me, then the
share of that deceased child shall go to the descendants of that child,
who are to take per stirpes and not per capita. If any of my children
shall not survive me and shall not be survived by any descendants, then
the share of that deceased child shall be distributed to my surviving
children and the descendants of any of my other children who fail to
survive me, in the manner set forth above.
b. If they are unable to agree, the division among my
children and the descendants of any of my children who fail to survive
me shall be made by my Personal Representative, in that person's sole
and absolute discretion. I empower my Personal Representative to sell
any or all of such property, if such property is not distributed in
kind hereunder, and to distribute the proceeds among my said children
in substantially equal shares. Any determination of my Personal
Representative as to what should pass or be sold ur.~der this paragraph
and to whom it should pass or be delivered or at wY:iat price it should
be sold shall be conclusive.
PAGE 2
~~ ~ ~~~ OF 4 PAGES
~~~ 7a~
___ _-
FOURTH: Except as otherwise provided in this Will, I have
intentionally failed to provide for any other relatives or other
persons, whether claiming to be an heir of mine or not. Insofar as I
have failed to provide in this Will for any of my issue now living or
later born or adopted, such failure is intentional and not occasioned
by accident or mistake.
FIFTH: Any beneficiary who fails to survive until one hundred
twenty (120) hours after my death shall be deemed to have predeceased
me, and the gift to that beneficiary shall be disposed of accordingly.
SIXTH: Definitions:
a. The term "children" as used in this Will includes adopted
and afterborn persons. The term "children" as used in this Will shall
not include step-children, the natural born or adopted children of a
person's spouse who are not the natural born or adopted children of the
person. A relationship by or through legal adoption shall be treated
the same as a relationship by or through blood for ;purpose of
succession to property under this Will.
b. The term "descendants" as used in this Will means the
immediate and remote lawful, lineal descendants by ,blood or adoption of
the person referred to who are in being at the time they must be
ascertained in order to give effect to the reference to them.
c. The term "Personal Representative" as used in this Will
means Executor, Executrix, Independent Executor, or any other title of
like import which is used to describe such a fiduciary.
d. The term "per stirpes" as used in this Will means that
whenever a distribution is to be made to the descendants of any person,
the property to be distributed shall be divided into as many shares as
there are (1) living children of the person, and (2) deceased children,
who left descendants who are then living, of the person. Each living
child (if any) shall take one share and the share of each deceased
child shall be divided among his then living descendants in the same
manner.
SEVENTH: In addition to any powers granted by the laws of the
state in which this Will is probated, I hereby authorize and empower
the fiduciaries named in this Will, to the extent of the discretion
herein granted, to sell, exchange, convey, transfer, assign, mortgage,
pledge, lease or rent the whole or any part of my real or personal
estate, to invest, reinvest, or retain investments of my estate, to
perform all acts and to execute all documents which my fiduciaries may
deem necessary or proper in regard to my property. If any of my
fiduciaries elect to receive compensation for servi~~es, such
compensation will be that allowed by law.
PAGE 3
c OF 4 PAGES ~ ~ /~~ m~'
4
EIGHTH: If any part of this Will shall be invalid, illegal, or
inoperative for any reason, it is my intention that the remaining
parts, so far as possible and reasonable, shall be effective and fully
operative. My Personal Representative may seek and obtain court
instructions for the purpose of carrying out as nearly as may be
possible the intention of this Will as shown by the terms hereof,
including any terms held invalid, illegal, or inoperative.
IN WITNESS WHEREOF, I have at Carlisle Barracks, Pennsylvania, this
~~ ~ day of ~w~~6 19~~, set my hand and seal to
this my LAST WILL AND TESTAMENT, consisting of 4 typewritten pages,
each page bearing my handwritten signature.
This document was prepared under the authority of 10 U.S.C.
section 1044, and implementing military regulations and instructions,
by John T. Bothwell, who is licensed to practice law in the State of
Arkansas.
,~ ( SEAL )
AMES HOWARD MCALLISTE
The foregoing instrument was, at Carlisle Barracks, Pennsylvania,
this aa^~ day of ~t~c.~y 19Q7 signed, sealed, published
and declared by JAMES HOWAR MCALLISTER, the testator, to be his LAST
WILL AND TESTAMENT in the presence of all of us at one time, and at the
same time we, at his request and in his presence ar~d in the presence of
each other, have hereunto subscribed our names as attesting witnesses,
and we do so verily believe that the said testator is of sound and
disposing mind and memory at the date hereof.
Soc .Sec . No . ~ ~a~~-Soc .Sec . No .,~•~(j.~,~137 Soc .Sec . No . p f~- - ~' ~]
OF OF OF 1
/~~l/ 17/U~ l 7/ o ~
~~
PAGE 4
OF 4 PAGES ~ ~/~
COMMONWEALTH OF PENNSYLVANIA
CUMBERLAND COUNTY
ACKNOWLEDGMENT
I, JAMES HOWARD MCALLISTER, testator, whose name is signed to the
attached or 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.
~ c ~~~~~~ ( SEAL )
ES HOWARD MCALLISTEF',
AFFIDAVIT
.nn.• /ti
We , l> ~' u l~~/ ~ I/` C, and
GOER 9~~~ Lr~ McG/Q Il Lf s the witnesses, sign our names to this
instrument, being duly qualified according to law, do depose and say
that we were present and saw the testator sign and esxecute the
instrument as his Last Will; that the testator signed willingly and
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 will as a witness; and that to the best of our
knowledge the testator was at that time 18 or more •years of age, of
soun mind and under no c straint or undue
Witness Witness
Subscribed, sworn to and acknowledged
MCALLISTER, the testator,
inf lue ~^e .
Witness
before me by JAMES HOWARD
and subscribed and sworn to before me by
~ ~Y1 SCR I ~~ ~ S _,
and
~~ ~d day of
(~R/~L--~ tL~ McGRIIL~s the witnesses, this
~i~~ .1 . 19~~ .
/~ - n
Y PUBLIC p My Commi -e~s-:~°-
Notar~al Seaf
Betty 'R. Standridge, Notary Publio
Carlisle Boro, Cumberland County
My Commission Expires May 14, 2001
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