HomeMy WebLinkAbout04-13-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
Estate of
also known as
Ruth S. Eater
COUNTY, PENNSYLVANIA
File Number 21-09- l~~_7"-~
CUMBERLAND
Deceased Soaal Security Number 195-32-0264
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW )
XQ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the EXeCUtrIX named in the
last Will of the Decedent, dated 12/30/2003 and codicil(s) dated 08/17/2006
arare re~evant circumstances, e. g., renunciation, death of executor, etc.
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:
Decedent was married to Edison Eater. The marriage ended in divorce in 1959.
B. Grant of Letters of Administration
app ica e, enter: c.t.a.; ..n.c.t.a.; pe ente rte; uran e a en ia; uran a moron a e
Petitioner(s1 after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If
Administrahon, c.t.a. or d.b.n.c.t.a., enter date of loll in Section A above and complete list of heirs.)
Name Relationship Residence C7 ~o
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~ _ • • r
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at ~ j
2 Broad Street Apt. 1, Newville, Newville Borough Borough, Cumberland, PA 17241
(List street address, town/city, township, county, state, zip code)
Decedent, then J2 years of age, died on 04/06/2009 at Forest Park Health Center, Carlisle, PA 17013
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:
Wherefore, Petitioner(s)
the undersigned:
80,000.00
y iequesctsi the prooate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
Signature Typed or printed name and residence
Mary E. Myers 777 Oakville Road
NaeoWie, PA 1fi44t
~`' /P ~- s l ,, ~ t ~a3 ~
Form - Z Rev. 10-132006
Copyright (c) 2006 form software only The Lackner Group, Inc.
Page 1 of 2
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.
Sworn to or affirmed and subscribed
before me ti~is _ ~ ~ day of
of
For the Register
File Number:
21-09-
Estate of Ruth S. Eater
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Deceased
Social Security Number: 195-32-0264 Date of Death: 04/06/2009
AND NOW, ~ 3 `'~''`~'~-i- , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Mary E. Myers
in the above estate
and that the instrument(s) dated 12/30/2003 08/17/2006
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters ...................................... ...... $ ~ ~ O C~c~
Short Certificate(s) ...................
..... $ ~ 2 , U ~ Regi er of Wills
Renunciation(s) ........................ ..... $ AttomeySignature: ,,_l ~ ~ ~
$ ~~- l~L~ Attorne
N
- y
ame: Richard L. Webber, Jr. Esquire
~1C~ $ 11~,c~~
~~~ ~ ~~~ 1 ls(1 $ ~ ~ Supreme Court I.D. No.: 49634
Weigle ~ Associates, P.C.
$ Address: 126 East King Street
$ Shippensburg, PA 17257
$ Telephone: 717-532-7388
TOTAL ................................. ... $ Z~Z ,
Form RW-02 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc.
Page 2 of 2
OCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fce f~rr thi~, certificate. $(~.Of)
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~`g°/ ~, ~ ~ duly lilccl with plc a~ Lncal Rc~*ISh~ar. '1'hc uri~_inal
o. ~ !z; certificate ~~~-ill be tim~~~arrle<i tip the State Vitttl
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~ACK ~ CERTIFICATE OF DEATH ~ I
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.~ STATE FILE NUMBER N
Ruth Snyder Eater z s.t 's^~~++rNaroa
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3
LAST WILL AND TESTAMENT
I, RUTH S. EATER, of the Borough of Newville, Cumberland County, Pennsylvania,
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 (except as may be barred by a Statute of Limitations)
and my funeral expenses (including my gravemarker and 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 II: I give and bequeath all of my tangible personal property (not including cash or
securities and not including any tangible personal property utilized by me in any business,
including farming, and not including any items bequeathed above) including, without limitation,
personal effects, household furniture and furnishings, automobiles, and the like, together with any
policies of insurance in effect at the time of my death applicable thereto, including any prepaid
premiums thereon, to such of my children as survive me to be divided among them as nearly as
possible in equal shares in such manner as they may agree upon or, failing agreement for any
reason whatsoever, then in such manner as my daughter, MARY E. MYERS, shall determine,
giving due regard for their personal preferences.
ITEM III: I give and bequeath the sum of One Thousand ($1,000.00) Dollars to each of my
grandchildren who survive me.
ITEM IV: I have recently made a gift of bank stock to my daughter, MARY ~YERS~
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declare that this gift is in recognition of all that Mary has done for me (and continues to do for me)
and I want to make it clear that I do not wish this gift to be considered an advancement.
ITEM V: I devise and bequeath all the residue of my estate of every nature and wherever
situate in equal shares to such of my children, MARY E. MYERS, EDISON C. EATER and
ROBERT M. EATER, as are living on the thirty-first (31st) day following my death.
ITEM VI: Should any of my children, MARY E. MYERS, EDISON C. EATER and
ROBERT M. EATER, predecease me or die on or before the thirtieth day following my death but
leaving descendants who so survive me, such descendants shall receive, per stirpes, the share that
such predeceased child would have received had he or she so survived me.
ITEM VII: If any property passes outright (either under this Will or otherwise) to a minor
(which shall be defined as anyone under twenty-one (21) years of age) and with respect to which I
am authorized to appoint a guardian and have not otherwise specifically done so, I decline to
appoint a guardian but instead authorize my Executor to distribute such property to a Custodian
selected by my Executor (and my Executor may act as such Custodian) as Custodian for the minor
under the Pennsylvania Uniform Transfers to Minors Act. Provided, however, that this
appointment shall not supersede the right of any fiduciary to distribute a share where possible to the
minor or to another for the minor's benefit.
ITEM 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
part of the expenses of the administration of my estate.
ITEM IX: I appoint my daughter, MARY E. MYERS, Executrix of this my Last Will.
2
R, s.E.
Should she fail to qualify or cease to act as Executrix, I appoint my son, ROBERT M. EATER,
Substitute Executor of this my Last Will.
ITEM X: I direct that my Executors, custodian, or their successors, shall not be required to
give bond for the faithful performance of their duties in any jurisdiction.
ITEM XI: The interests of the beneficiaries hereunder shall not be subject to anticipation or
to voluntary or involuntary alienation.
IN WITNESS WHEREOF, I hereunto set my hand and seal to this my Last Will and
Testament, written on four (4) sheets of paper, dated this 3d`~ day of
~~L ~ , 2003.
~~~~~ ~' g~ (SEAL)
RUTH S. EATER
The preceding instrument, consisting of this and three (3) other typewritten pages, each
identified by the signature or initials of the Testatrix, was on the day and date thereof signed,
published and declared by the Testatrix therein 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.
residing at `~ ~, ,A/~~ ~~ ~
residing at ~~
3
COMMONWEALTH OF PENNSYLVANIA
. ss.
COUNTY OF CUMBERLAND
I, RUTH S. EATER, the Testatrix 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; and that I signed it willingly and as my free and voluntary act for the
purposes therein expressed.
E,~.av (SEAL)
RUTH .EATER
Sworn to or affirmed and acknowledged
before me by RUTH S. EATER, the COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Testatrix, this ~N~i day of cam ~. Weimer, Notary Pubic
2003. Southampton Twp., (-~berfand
~C`~ ~~ My Commission Expires ~. 3. 007
9~ iYlember, Pennsylvania Association Of Notaries
COMMONWEALTH OF PENNSYLVANIA
. ss.
COUNTY OF UMBERLAND
r
We, ~ J (/I and / ~ the witnesses
whose names are signed to the attached or foregoing instrument, 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; 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 the
time eighteen (18) or more years of age and of sound mind and under no constraint or undue
influence.
Sworn to or affirmed and subscribed. o
before me by ~in~ /~ ~ ,Q~tv~ and
N/r/~/~' 2//~i~ ,witnesses, this
30~-day of ~-~.r , 2003
1
Notary Public
4
....... r~ufdridf Seal
, Cam J. Weimer, Notary Pubic
Southarr>pton Twp., Cumberland County
My Commission Expires Sept 3, 2007
,.. _ _..
,Mgmf,~,- ^,,~•,, , _:,.~ ,'~,~;:aciation Of Notaries
CODICIL TO LAST WILL AND TESTAMENT OF
RUTH S. EATER, .DATED DECEMBER 30, 2003
I, Ruth S. Eater, of the Borough of Newville, Cumberland County, Pennsylvania, being
of sound mind, memory and disposition, having made my Last Will and Testament dated
December 30, 2003, do hereby make, publish and declare this to be a Codicil to my said Last Will
and Testament.
A. I hereby add the following paragraph to my Last Will and Testament as follows:
"ITEM IV(A): I give and bequeath all monies and/or assets received by me from
the Anna K. Ross Estate to my daughter, MARY E. MYERS. It is my intent to
segregate the inheritance that I receive from the Anna K. Ross Estate into a
separate investment or account so that my Executrix can distinguish those proceeds
from the other assets in my estate. I declare that this gift is in recognition of the
desire of Anna K. Ross that Mary ultimately receive those proceeds."
B. In all other respects, I hereby ratify and confirm my said Last Will and Testament except
insofar as any part thereof is revoked or modified by this Codicil.
IN WITNESS WHEREOF, I Ruth S. Eater, have to this, aone-page Codicil to my Last Will and
Testament dated December 30, 2003, subscribed my name and set my seal this ~+7"'~ day of
~, ,~,~,~,~ , 2006.
~I ~~.u-~-`~` ~~ ~ 6~r~; (SEAL)
WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
This instrument was by the Testatrix, Ruth S. Eater, on the date hereof and in our presence,
signed, published and declared by her to be a Codicil to her Last Will and Testament dated
December 30, 2003, who at her request and in the presence of each other, we believing her to be of
sound and disposing mind and memory, have hereunto subscribed our names as witnesses.
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COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
I, Ruth S. Eater, the Testatrix whose name is signed to the foregoing Codicil, having been
duly qualified according to law, do hereby acknowledge that I signed and executed the instrument
as my Codicil to my Last Will; that I signed it willingly; and that I signed it as my free and
voluntary act for the purposes therein expressed.
Sworn or affirmed to and acknowledged before
me by Ruth S. Eater, the Testatfix,
this i 7~~ day of ~~ •- s ~- , 2006.
._ ~-`-/
NOTARIAL BEAL
RICHARD L, WEBBEi~ JR„ NOTARY RUBLIC
SHIPPENSBURG BORO, CUMBERLAND COUNTY
MY COMMISSION EXPIRES JULY 15, 2010
W EIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
and
f oin instrument being
: SS
the witnesses who names are signed to the
oreg g y qualified according to law, do depose and say that we were
present and saw Ruth S. Eater, the Testatrix, sign and execute the instrument as a Codicil to her
Last Will; that she signed willingly and that she 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
Codicil as witnesses; and that to the best of our knowledge the Testatrix was at the time eighteen
(18) or more years of age and of sound mind and under no constraint or undue influence.
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N6~`Af91Ai. ~iRAI,
RICHARD L. WEBBER JR., NOTARY PUBLIC
SHIPPENSBURG BORO, CUMBERLAND COUNTY
MY COMMISSION EXPIRES JULY 15, 2010
WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
witnesses, this ~ ~ ~ day of 7rt-~-c-- s ~ , ~~b.