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HomeMy WebLinkAbout04-08-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Edith A. Minnich File Number 21-09- a3~~j Social Security Number 164-30-4009 Petitioner, who is 18 years of age or older, applies for: (COMPLETE `A' or `B' .BELOW:) ® A. Probate and Grant of Letters Testamentary and aver that Petitioner is the Executrix named in the last Will of the Decedent dated January 5, 2004. 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. (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with her last principal residence at 381 Criswell Drive, Boiling Springs, PA 17007. Decedent, then 77 years of age, died on March 18, 2009, at Carlisle Regional Medical Center, Carlisle, PA. Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 15.000 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $116,000 situated as follows: 381 Criswell Drive, Boiling Springs, PA Wherefore, Petitioner respectfully requests the probate of the last Will presented with this Petition and the grant of letters in the appropriate form to the undersigned: Signature Typed or printed name and residence Lisa M. Minnich n.> 38] Criswell Drive ~ r; ~ Boiling Springs, PA 17007 '=;~ _ ~- ~> ~ _ j ~~ . ~ I e .~ .? . ~ ., T / .. ~ /\ . ._. ~ J . n ~ _ -r ~ ~ ` _ c.rt ~•=; C!1 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) The Petitioner above-named swears or affirms that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner and that, as personal representative of the above Decedent, Petitioner will well and truly administer the estate according to law. ffirmed and subscribed ~" S°,vorn ~o or a ~~ before me this 8th day of Lisa M. Minnich April, 2009 ~ ~ ~ . Q. nom For the Register File Number 21-09- ~Jo~~?l Estate of Edith A. Minnich, Deceased Social Security Number: 164-30-4009 Date of Death: March 18, 2009 AND NOW ~-- ~ 02~`~ , 2009, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Lisa M. Minnich in the above estate and that the instrument dated January 5, 2004, described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters .................. $ 2.(0 ~ . cv Short Certificate(s) ........ $_~_~~_ Renunciation(s) ........... $ ~ ~ 1 ... $ ice; .r~~~. JCP ... $ -o.c~; ... $ ... $ Register of Wills /~ ~'~~ ~J~ Attorney Signature: ~~ ~~_l.-~ Attorney Name: Wayne F. Shade, Esquire Supreme Court ID No.: 15712 Address: 53 West Pomfret Street Telephone: Carlisle, PA 17013 717-243-0220 TOTAL .......... $ ~} .00 LAST WILL AND TESTAMENT I, EDITH A. MINNICH, of the Township of Monroe, County of Cumberland, Commonwealth of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void all former wills and codicils by me at anytime heretofore made. FIRST. I order and direct that all my just debts, funeral expenses and expenses in connection with administration of my Estate be paid by my personal representative or representatives, hereinafter named, as soon as conveniently may be done after my decease. I further authorize my personal representative to expend funds from my Estate in such amounts as my personal representative shall consider appropriate, for the disposition and memorial of my remains. SECOND. I give, devise and bequeath my interest in the real estate premises known and numbered as 381 Criswell Drive, Boiling Springs, Cumberland County, Pennsylvania, with improvements thereon erected, unto my brother, WILLIAM L. GOUSE, if he survives me. THIRD. I give and bequeath my coin collection unto my daughter, LISA M. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 MINNICH, if she survives me. ~ r..= (--- '--= o FOURTH. I give and bequeath all of my jewelry unto my darted, AIRY L .; , MINNICH, if she survives me. ,`_~ , ~~ ~ co f ~ -;~ ` ~; _? _~ ~~>„ ~~ `. C1T - _ Cf1 FIFTH. All the rest, residue and remainder of my Estate, real, personal and ,1~, vV mixed, whatsoever and wheresoever situate, I give, devise and bequeath unto my daughters, LISA M. MINNICH and AMY L. MINNICH. If either of them should fail to survive me, I give, devise and bequeath the entire said residue of my Estate unto the one of them who shall survive me. SIXTH. For the purposes of this my Last Will and Testament, a person shall not be deemed to have survived me unless he or she shall have survived me by more than ninety (90) days. SEVENTH. I order and direct that any estate, inheritance or similar tax due as a WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 result of my death with respect to any property passing as a result of my death, shall be paid from the residue of my Estate before its division into shares and prior to distribution as an expense of administration and that no part of the taxes should be prorated or apportioned among the persons or beneficiaries receiving the taxable property. It is my express intention that all inheritance taxes imposed as a result of my death be paid from the residue of my Estate whether or not the property passes under my Last Will and Testament. My personal representative shall have full power and authority to pay, compromise or settle any such taxes at anytime whether with respect to present or future interests. EIGHTH. I order and direct that any liens against any personal property which passes to a designated person either under this my Last Will and Testament or otherwise -2- shall be paid from the residue of my Estate prior to distribution as an expense of ~~ administration and that such specific bequests of personal property not pass subject to any liens thereon. NINTH. Any and all decisions, determinations or actions made or taken by a personal representative hereunder, if made in good faith, shall be final and conclusive on all persons who are or may become interested in my Estate. No fiduciary acting under this my Last Will and Testament shall be liable for any error in judgment or for any depreciation or reduction in value of any Estate or Trust assets at anytime, in the absence of willful default. TENTH. I order and direct that, upon my death, my body be cremated in lieu of burial and that disposition of my ashes be at the discretion of my personal representative. LASTLY. I nominate, constitute and appoint my daughter, LISA M. MINNICH, to be the Executrix of this my Last Will and Testament, but if, for any reason, she should fail to qualify as such Executrix or decline or cease so to serve, I nominate, constitute and appoint my daughter, AMY L. MINNICH, to be the Executrix hereof, each to serve without bond. IN WITNESS WHEREOF, I, EDITH A. MINNICH, have hereunto set my hand WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 and seal to this my Last Will and Testament which consists of six (6) typewritten pages to -3- each of which I have affixed my signature, this 5th day of January , A.D. Two Thousand Four (2004). ~'~ ~ ~-~.-t-~-`~,~. (SEAL) Edith A. Minnich The preceding instrument, consisting of this and five (5) other typewritten pages, each identified by the signature of the Testatrix, was on the date thereof signed, sealed, published and declared by EDITH A. MINNICH, the Testatrix therein named, as her Last Will and Testament, 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. Acknowledgment WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, EDITH A. MINNICH, the person whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I -4- ~~~~ ~ Edith A. Minnich ~~~ Notary Pub c __. , Notarial Seal Connie J. Tritt, Notary Publ Carlisle, Cumberland Coun , My Commission Expires Oct. 5 ' "~j Affidavit WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 signed and executed the instrument as my Last Will and Testament and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by EDITH A. MINNICH, this 5th day of January , 2004. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: We, Wavne F Shade and Helen H. Shade ,the witnesses whose names are signed hereto, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will and Testament; 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 our knowledge, the Testatrix was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. -5- Sworn to or affirmed and subscribed to before me by Wayne F. Shade and Helen H. Shade 5th day of Januar 2004. witnesses, this ~~~~ ~~ Cam-,-- ~-wr~ Notary Publ'c Notarial Seal Connie J. Tritt, Notary Public Carlisle, Cumberland County My Commission Expires Oct. 5, 2004 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -6-