HomeMy WebLinkAbout02-25-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF Cumberland
Estate of Drue S. McInnes
also known as
Deceased
COUNTY, PENNSYLVANIA
File Number C~ ~ ~ ~~/
Social Security Number 165-26-6211
Petitioner(s), who is/aze 18 years of age or older, apply(ies) for:
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Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executor
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last Will of the Decedent dated July 8, 2002 and codicil(s) dated None -, ~ ~ ~ ` ~~
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(State relevant circumstances, e.g., renunciation, death of executor, etc.) ~
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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)t~'ered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: None
B. Grant of Letters of Administration
(If applicable, enter.• c. t. a.; d.b.n.c.t.a.; pendenre 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) and heirs: (If
Administration, c. t. a. or d.b.n.c.t.a., enter date of Will in Section A above and complete /ist of heirs.)
(COMPLETE INALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her Last principal residence at
260 Winding Way Lower Allen Townshin Camn Hill PA 17011
(Gist street address, town city, township, county, state, zip code)
Decedent, then 77
years of age, died on January 24, 2009
at Holy Spirit Hospital, Camp Hill, PA 17011
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property
(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: 260 Winding Way, Lower Allen Township, Camp Hill, PA 17011
$ 1,974,000.00
$ 200,000.00
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Form RW-Ol rev. 10.!3.06 Page 1 of 2
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
COUNTY OF Cumberland
SS
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.
Swom to or affirmed and subscribed
before me the a ~~ (1day of
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Signature of Personal Representative
Signature of Personal Representative
Signature ojPersonal Representative
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File Number: ''~
Estate of Drue S. McInnes ,Deceased
Social Security Number: 165-26-6211 Date of Death: January 24, 2009
Register
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AND NOW, ~- -~-~ ~ , r~~, in consideration of the foregoing Petition, satisfactory proof
having been presentedted befdte me, IT IS DEC ED that Letters Testamentary
are hereby granted to Harold A.B. McInnes
in the above estate
and that the instrument(s) dated July 8, 2002
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters ............... $ ~I o.
Short Certificate(s) ........ $
Ren nciation(s) .......... $
... $ .~
... $
... $
... $
... $
... $
... $
TOTAL .............. $ ~ ~'3 ~~.00
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Attorney Signature: //~ i<S /`1iit%(,'1~Lf~--~-~1
Attorney Name: Vicky Ann Trimmer, Esq.
Supreme Court I.D. No.: 49679
Address: Persun & Heim, P.C.
PO Box 659
Telephone:
Mechanicsburg, PA 17055-0659
717-620-2440
Form RW-02 rev. 10.13.Oti Page 2 of 2
illls.~os are 11/i/II-, ~ ~ ` L~l ~ ' O lU
LOCAL REGISTRAR'S CERTIFICATION OF DE~~TH
WARNING: It is illegal to duplicate this copy by photostat or photogral)h.
Fee for this certificate, $6.00
P 15003243
Certification Number
ITEM # ~ 7~
SHOULD READ AS~QLLOWS. ____
This is to certify that tide information here given is
correctly copied fi-hm an original Certificate of Death
duly filed with me as 1_ocal Registrar. The original
certificate will he forw,zrded to the State Vital
Records Office for permanent tiling.
JAN 3 12009
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Local F:egistrar Date Issued
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REV 11121x16 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS Zi
uNE l" CERTIFICATE OF DEATH
;K INK (See Instructions and examples on reverse)
STATE FILE NUMBER
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1. Name of DeCetlenl (Flrst miOtlb, bst, sWfix) 2. Sex 3. Sodel Securlry Number 4. Dale of Death (Hoorn, day, year)
Drue S. McInnes female 165 -26•`-6211 Jan. 24, 2009
6. Aga It~t BiMday) UMer 1 year Under 1 day 6. Dale of &nh (Horeb, day, year) 7. emn (Cxy and slate or lor e coumry) Se. Place of Deem (Check only anal
7 7 Moiwe Days Han Nwaxu
0 e t . 4 , 19 31
Reading , P A HosWml: Omer:
Yrs Nenl ^ ER / Outpa0enl ^ DOA Nursing Home ^ Residence
^Olher - Speciry:
Bb. Count' of Deam fit. Ciry, Born, Twp. of Death 6d. FeciNty Name Q1 not insOtuNOn, give street end number) 9. Was Decedent of Hbpenic Origin? No ^Ves 10. Race. American Indian, Black. White, etc.
Cumberland East Pennsboro Holy Spirit Hospital McO~can~PueoRan.ata) white
11. Decden's Usual tlan Kind d work d one moll of world Ixe. Do not slate retired 12. Was Decedent aver in the 13. Decedent's Education (Specify Dory highest grade comp leted) Id, Marital Bolus: Meme0. Never Marred, 15. Surnving Spo use (II wile, gNe maiden name)
KiM of Wax Kind of Business I IMUahy
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h U.S. Armed Forces?
~ Elemen ry t Secondary (0-12)
1~ College (1 d ar Sr)
3 Widowed, Divorced (Spedly)
married
Harold McInnes
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• 16. Decedent's Mating Adiess (Street, city I town, slate, zq codel Decedent's Did Decedent
Sab Pennsylvania t
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„c~veaDecetlentLWedin Lower Allen Tw
AduelRealtlence 17a
260 Winding Way ~
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PA 17011
Hill
Cam fro. count' Cumber ; 1 a n d nd. ^ rvo, Daceeem lived wi1Nn
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p Aaatu umrow city/Boro
18. Famer's Name (Pint middle, IaeL suNix) 19. Homer's Name (First, mklde, maiden eumeme)
Robert Stewart Arline Bernheisel
209. Inbrmant's Name (Type /Print)
Harold McInnes 20b. InlomenYS Malang Address (Street ally! bNm, slate, zip colt)
260 Winding Way, Camp Hill, PA 17011
21e.
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f Daposean i ^ Gema0on ^ Donation 21h. Dale of Diepodtlon (Month, day, year) 21 c. Place of D'epositbn (Name al cemetery, crematory or Omer dote) 21 d. Location ICIry /sown, stale, zip code)
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~"'N ^ Rerrlwal horn Slate j wu crsmedon or Donatwn atrnwrizee Jan . 2 8 , 2 0 0 9 Rolling Green Cemetery Camp Hill , P A17 011
^ - SperJly: i M NedkN Fxeminx / Caroner7 ^ Yes ^ No
W Ftnerel (or person acOng as such) 22b. Lkenee NunWr 22c. Name antl Adtlreu o1 FecilXy
,,p,,~ ~~~~,~~ FD-013163-L Musselman FH&CS,324 Hummel Ave. ,Lemoyne, PA 17043
Cmgeb pnro aMy when certllYNtg
pAyaiden b nd evekbb et Pone of deem to 23a. To me best of my the a erltl place ebted. (' to and Orb)
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CAUSE OF DEATN (See InWUCtlons arxl exempNa) r Approxhneb Interval: PM II: Eller Omer ~ 26. Did Tobeao Use CamlhMe to Deem?
Item 27. Pen l: Enter the - 6aeases, njuWS, ar rxxnplice0ore - mat dieNy ceuaed me tleem, DO NOT ertbr temdrlel everla such u ceniec arrest t Onset m Deem btA not resultl b me
n9 YInA ceme givan'm Pan 1.
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reegratary arrest or vemricular f~Orillaeon wxhpA sltowirlg the etldogy. Ust axY one cetee on eedt Nce. r
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YNEDIAiE GUSE,~F,raet duease a r
rorr3NOn realxNlpb""""') --~ a. it l~1.(~ ` i.~lL1 /~I 11~'n'{ ~ 29. N Female:
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Ergar fie UNDERLYING CAUSE to~7re ~: r Not nant bn r
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ivatte reau n de91h LAST of death
Due to (or as a consequence oQ: r ^ Not pregnant. WI pregnant 0.7 days to 1 year
d. ~ Wlore death
^ Urdtnown x pregnant wenin Me pest year
30a. Wu an Autopsy 30b. Were AMOpsy FNlrbngs 01. d Deem 32a. Date of Injury (Moron, day, year) 32b. Deecdhe flow Injury Ocamd 32c. Place of Injury: Hama, Farm. Street Factory,
Performed? AvaNade Prior to Cortplelion
aturel ^ Hamxxtle Ofice Building, etc (Slerx'y)
of Cause of Deam7
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^Ves o ^ Aod0em ^ Pentlxg Invesegelion 32d. Time d Injury 32e. Injury et Work? 321. II TrempoMtlon Injury (Spec/!y) 32g. Locefan d In'ryry (Street city t town, smle)
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^ Yea ^ No ^ Driver / Opemmr ^ Peeaerger ^ Pedestder
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33e. CeN6er (Cltedt oM' one) 33h. Slpelure all
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On the Web of enminatlon and / or lnvestlgallon, m my oplnlan, deNn occurred et IM tlma, data, and place, sod sue ro tW csuea(a) tine manntx u aleterl_ ^ ,
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McINNES
DRUE S _...
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I, DRUE S. Mc1NNES, of Cumberland County, Pennsylvania, do make,
publish and declare this to be my Last Will and Testament, hereby revoking all Wills and
Codicils by me at any time made.
ITEM I: I direct that all inheritance and estate taxes
becoming due by reason of my death, whether payable by my estate or by any recipient
of any property, shall be paid by the Executor out of the residue of my estate, as an
expense and cost of administration of my estate. The Executor shall have no duty or
obligation to obtain reimbursement for any such tax so paid, even though on proceeds
of insurance or other property not passing under this Will.
ITEM II: I direct the Executor to pay the expenses of
my last illness and funeral expenses from the residue of my estate as an expense and
cost of administration of my estate.
ITEM III: I may leave a written list in my safe deposit
box or elsewhere disposing of certain items of my tangible personal property. The
Executor shall dispose of items of my personal property as specified in the written list.
If no written list is found in my safe deposit box or elsewhere and properly identified by
the Executor within thirty (30} days after the probate of my Will, it shall be presumed
that there is no other statement or list. Any subsequent discovered list shall be ignored.
Page 1 ~~
I give to my children, who survive me, any tangible personal property not set forth in a
written list, to be divided among them as they shall agree. If my children are unable to
agree, the Executor shall divide this property among my children in as nearly equal
portions as the Executor, in the sole discretion of the Executor, deems practical, having
due regard to the personal preferences of my children.
ITEM N: If my husband, HAROLD A. B. MCINNES,
(herienafter "my Husband") shall survive me, he shall be permitted to use my house at
260 Winding Way, Lower Allen Township, Cumberland County, Pennsylvania, for as long
as he is desirous or capable subject to the following:
(a) So long as my Husband. is living in the house at 260 Winding
Way, he shall be entitled to use all of the household goods and furnishings
contained therein which belong to me.
(b) My Husband's entitlement to use the aforementioned house
and personal property shall be subject to the condition that. he pay the cost
of taxes, fire insurance and reasoable upkeep and maintenance, together
with all other municipal claims and charges relating to the ownership and
occupancy of the house.
(c) Harold A. B. McInnes's rights under this Will shall not be
terminated in the event that he remarries.
(d) At the death of Harold A. B. McInnes or at such time as he is
no longer willing or able to maintain his personal residence in the house,
Page 2 ,d
the house and its contents shall be disposed of in accordance with Item V
of my Will.
ITEM V: I give the residue of my estate, not disposed
of in the preceding portions of this Will, to my husband, HAROLD A. B. McINNES, and
ALLFIR,ST NATIONAL BANK, as successor Co-Trustees, IN TRUST, to be administered
and distributed in accordance with the termDs of an Agreement of Trust executed by me
as Trustee and by me as Settlor on the y ~ day of c~u ~i~ , 2002. I
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confirm and ratify this Agreement of Trust in every respect.
ITEM VI: The Executor shall possess the following
powers, exercisable without court approval and in a fiduciary capacity only:
(a) To retain any investments I have at my death, including
specifically those consisting of stock of any bank even if I have named that
bank as the Executor.
(b) To vary investments and to invest in bonds, stocks, notes, real
estate mortgages or other securities or in other property, real or personal,
without being restricted to so-called "legal investments", and without being
limited by any statute or rule of law regarding investments by fiduciaries.
(c) In order to divide the principal of my estate or make
distributions, the Executor is authorized to distribute personal property
and real property partly or wholly in kind, and to allocate specific assets
among beneficiaries so long as the total market value of each share is not
affected by the division, distribution or allocation in kind. The Executor is
Page 3 YK ~
authorized to make, join in and consummate partitions of lands, voluntarily
or involuntarily, including giving of mutual deeds, or other obligations, with
as wide powers as an individual owner in fee simple.
(d) To sell either at public or private sale any or all real or
personal property severally or in conjunction with other persons, and to
consummate sale(s) by deed(s) or other instrument(s) to the purchaser(s),
conveying a fee simple title. No purchaser shall be obligated to see to the
application of the purchase money or to make inquiry into the validity of
any sale. The Executor is authorized to make, execute, acknowledge and
deliver deeds, assignments, options or other writings as necessary or
convenient to carry out the powers conferred upon the Executor.
(e) To mortgage real estate, and to make leases of real estate.
(f) To borrow money from-any person, including the Executor, to
pay indebtedness of mine or of my estate, expenses of administration or
inheritance, legacy, estate and other taxes, and to assign and pledge assets
of my estate.
(g) To pay all costs, taxes, expenses and charges in connection
with the administration of my estate.
(h) To make distributions of income and of principal to the proper
beneficiaries, during the administration of my estate, with or without court
order, in such manner and in such amounts as my Executor deems prudent
and appropriate.
Page 4 ~ ~
(i) To vote shares of stock which form a part of my estate, and
to exercise all the powers incident to the ownership of stock.
(j) To unite with other owners of property similar to property in
my estate to carry out any plans for the reorganization of any company
whose securities form a part of my estate.
(k) To disclaim any interest in property which would devolve to
me or my estate by whatever means, including but not limited to the
following means: as beneficiary under a will, as an appointee under the
exercise of a power of appointment, as a person entitled to take by
intestacy, as a donee of an inter vivos transfer, and as a donee under a
third-party beneficiary contract.
(1) To prepare, execute and file tax returns of any type required
by applicable law, and to make all tax elections authorized by law.
(m) To allocate administrative expenses to income or to principal,
as the Executor deems appropriate. However, no allocation to income shall
be made if the effect of the allocation is to cause a reductian in the amount
of any estate tax marital deduction or estate tax charitable deduction.
(n) To employ custodians of property, investment or business
advisors, accountants and attorneys as the Executor deems appropriate,
and to compensate these persons from assets of my estate, without
affecting the compensation to which the Executor is entitled.
Page 5 ~.~ 71t ~
(o) To do all other acts in the Executor's judgment deemed
necessary or desirable for the proper and advantageous management,
investment and distribution of the estate.
ITEM VII: Should my said husband, HAROLD A. B.
McINNES, by Will or Agreement of Trust, establish Trusts similar to the Trusts I have
established for the benefit of my issue, the Trustee of each Trust created in this Will shall
have the right to merge it with the similar Trust created by my Husband for the same
beneficiaries. If merged, the Trustee shall operate the merged Trusts as a single Trust.
ITEM VIII: If my Husband and I die under such
circumstances that it is impossible to determine which of us survived, it shall be
conclusively presumed and this Will shall be construed as if my Husband had survived
me.
ITEM 1X: I appoint my husband, HAROLD A. B.
McINNES, to be the Executor. In the event of his death, inability or refusal to serve, I
appoint my children, STEWART L. FENTON, LEE F. N'b~XWELL and LISA F. MOLEY, to
be the Co-Executors. The Executor(s) are specifically relieved from the obligation of
filing bond or entering security.
Page 6 ~ ~
IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will
and Testament, consisting of this and the preceding five (5) pages, at the end of each
page of which I have also set my initials for greater security and better identification this
~~day of ` , 2002.
DRUE S. McINNES
We, the undersigned, hereby certify that the foregoing Will was signed,
sealed, published and declared by the above-named Testatrix as and for her Last Will
and Testament, in the presence of us, who, at her request and in her presence and in the
presence of each other, have hereunto set our hands and seals the day and year first
above written, and we certify that at the time of the execution thereof, the said Testatrix
was of sound and disposing mind and memory.
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Residing at ,
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Page 7
COMMONWEALTH OF PENNSYLVANIA
. SS.
COUNTYOF QJ}v~PH~iv .
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We, DRUE S. McIlVNES, the testatrix, and ~e? J'`~°--' G/ ~ m co
' and the witnesses, whose
names are signed to the attached or foregoing instrument, being rat duly sworn, do hereby
declare to the undersigned authority that the testatrix signed and executed the instrument
as her Last Will; that the testatrix signed willingly and executed it as her free and voluntary
act for the purposes therein expressed; that each subscribing witness in the hearing and
sight of the testatrix signed the Will as a witness and that to the best of his or her
knowledge the testatrix was at that time eighteen (18) years of age or older, of sound mind
and under no constraint or undue influence.
DRUE S. McINNES_
S
\~~ Subscribed, sworn to and acknowledged before me by DRUE S. McINNES,
the testa r ,and subscribed and sworn to before me by ~c~~~,,-t ,
Ci-a, 1 ~ uw~`a and i G ~ o °_ ~.- , witn sses, this ~rti
day of ~ ~ , 200 .
(SEAL)
Page 8
. _.. __.
Notary Public
Notarial Seal
Melisa M. Lucas, Notary Public
City of Harrisburg. Dauphin County
My Commission Expires Oct. }3. 2003
Member, Pennsylvania ASSOt:iationotMt)talles
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PERSONAL MEMORANDUM TO LAST WILL AND TESTAMENT
OF DRUE S. McINNES
DATED:
PERSON TO RECEIVE ITEM
DESCRIPTION OF ITEM
:298556 1