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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 ~~ a , -r~-n ~ t .:> rn --- - - , ._ ' :J `~ :~ (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 -- v -~ T) -t7 _, T C'7 w 2~. i i , ~ s _) ~a r w ` ~ - "~ ry W - -- __ ~ S~'-- ~+i~ . fV 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) ~; ~"'rp,TH OF"„~ "Chi; I; to ccrtily thal the infurnlatiun hole ,ll ~ ~ _Pf'-' ~rncn i> /' y~ ~ '~~iy~ correctly cu~ied hum an .original CcrtiCicate of Ur,lth ~`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 ~ ~ ~ *'f Re rd~ ~fi ~e ti>I er ~, * ~ , OI Inept till ` __ .~52~~56~ ,, ~ Il_. OFiO\~ .`~ a, -- ---- = 9 „!!!'~~~ ('ertificatiun Number "9l%tif~ NTpE~` _- __ _ ~¢/ 7• ,~,r.,- rv Date I~.~ued C7 ° 0 ~0 .a ._I_,_.1- ~,_ ~ _ ' _; ~.` A . __ ~ - ~ ~~ MIOS~ISJ REV II/pp5 `. / ...J 'e`i ~ _ ~-I PERMANENT N _ _ - TYPE! PRINr w COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH .VITAL RECORDS ~_7 ~ ~ACK ~ CERTIFICATE OF DEATH ~ I (See Instructions and examples on reverse) A ~' t Nam. d Dacaaem (Fvp, nwy, np, weal .~ STATE FILE NUMBER N Ruth Snyder Eater z s.t 's^~~++rNaroa _~ eAal r' lAbal 195. _ 32 _ 0264 a April 6,ry 2009 unoar l s. ar a Bvm Monlh M'nuyt W Wr « ~r Dart Ibun T' ~ !a. Pram a owm Cned „~ 92 Yrs. 9/9/1916 Marysville, PA Now~w: ee C«^h a Wam ~: Cumber 1 a n d & Gn liwo ry a Dam ^ pbaeant ^ ER / DeVapanl ^ lxM Nom. ^ w.,m,b. ^ aw seedy S. Middleton e..F.~"wm.laAaw"°'.~'°""`~.'"""'"'b.^ Tw Forest Park Health 9 Wj p"'""~^'a"I>o.~,;`°"p"' (~I Center Iq Ya, toady CuOen, ~ No ^ Yes t0. Race: American Irlaan. Blatt, wRtt elc. I I. 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D o S !f /~G LAG' ~T vr~~r iV /1Ly Dislwsi0m Penal No. 1L l ~~ . ~ n 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~ ~ ~ `~ ~ .:L C-3 >~' .7 -~ `, _"~ , V N -~ _'.; Y.._i ___ F 7 _ ~! l ~ .. fT~ (. `' -.~ ~~ ~, L 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. j, ~ ; ~ A ~~~ ~ ;''` ~.~. `nom ~ ~~ 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. ~'' U ~~ /~ ~-_ ~ .. /, / y7~ ,/~ ~ ~' //i _~t ,,~ ~ t `y~i ,~ ~~ 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.