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Home My WebLink About04-16-09 (2)PFTITIO~ FOIZ PI~OBATF 1~~iD (~R:~tiT OF LE TTFI~;~ REGISTER Oi' ~'v'ILLS OF Estate of ~~ /~ ~/6 f / ~ 6~ t ~~~ ~~Q a;so kno.vn as Deceased Petit one: (s), who is/are 13 years of age or older, app(y(ies) for: (CO,LIYLETE 'A' or 'B' BELOGY:) CGL'~+TY, PE~vSYLV:=._vIA File Number ~.~ -~4- ~~~ Secial Securih/ dumber _1' <J_~-v1 ~ ~_ / ~ ~ lJ ^ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the w `- named in the last 'vVii; of the Decedent dated % ~2 ',~ g~ l9Sg and codicil(s) dated G -/ ~ - o~GD~ (Stele relevant circumstances, e.g., renunciation, death eJececutor, etc.) Except as follows, Decedent did not marts, was not divorced, and did not have a child born or adopted after execution of the inshument(s) offered for probate, was not the victim of a killing and '.vas never adjudicated an incapacitated person: ^ B. Grant of Letters of Administratio (ljapp(icable, enter. c. t. n.; d. b.a.ct.a., pendenre file; durantz absentia; Petitioner(s) after a proper search has 1 have ascertained that Decedent left no Will and was survived by the following p Administration, c. t. a. or d.b n.c1.a., enter date of W"ill in Section A above and complete list of heirs.) ,.J Name Relationsh c nte) .,o _, . _._ ,t A ,:. 7 any)~i heirS_i,~`If.~~ rn r- '-•7 F '- ~ - _ W (CO;YIPLETE LV ALL CASES:) Attach additional sheets/i/f~necespsary. Decedent was domiciled at death in ~~2/~.?(D( County, Pennsylvania with his /her last print gal residence at iJ (List sweet address, town/city, township, count~~, state, zip code) -7 L/ n Decedent, then ~ years of age, died on ~ -~`-2~~ at / T S /'( ~ - 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: $ (/ W herefure, Petitioners} respectfully request(s) the probate of the last Will ar,d Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Signature Ty ed or tinted name and residence ~ '`C'~ ~ _ ..~ ~ ~ ~ ~ s ~. ~~ is f~ ~.~. For,,, R4V-0? re~~ !0.!3.06 Pale 1 of 2 raver i nr i ~ Z ( tl~ ~ • Bledkal EaanB wrJCaraw On the brie d erminatlm arM / «IrwrtlgaWn, In my opbbn, death occurred M the 11ma, deb, and glare, ad due b the cama(s) and mentor a shied- ^ I . t V`~ 3A. Name and AwrHS d Pelson Who Canpbbd Cause of Death (Hem 271 Type / Pma Pegisuer'S and e FBr (Monet, hy, ` I ( I I I I ~ a-21 ~ , Dbpodtpn Permit No. ~ ~~ l I~ V G(/ , I 1 w t V p~ q-~ LAST WILL AND TESTAMENT OF CHARLOTTE M.MILLER I, CHARLOTTE M. MILLER of Newville, Pennsylvania, declare this to be my Will and hereby revoke all prior wills and codicils. FIRST I give all my tangible personal property not specifically bequeathed elsewhere in this will, including but not limited to, any and all automobiles, furnishings, jewelry, and wearing apparel, but excluding cash on hand, together with any insurance thereon, to my husband, RICHARD E. MILLER, if he survives me by thirty days, or if he does not so survive me, to be divided equally among my children, VIRGINIA E. WERT and CHAkLE~ GU'i'SHALL, as they may agree, or in the absence of agreement, or if any of them is a minor, as my Executor in my Executor's sole discretion, may think appropriate. Should any of my children fail to survive my death by thirty days, I give the share of such deceased child to his or her issue, and should any of my children predecease me leaving no issue surviving me, I give his or her share to be divided among my surviving issue as set forth above. If none of the above beneficiaries survive me by thirty days, this bequest shall lapse and be distributed as part of my residuary estate. SECOND I give the residue of my estate to my husband, RICHARD E. MILLER, provided that he survives me by sixty days. If he should fail to survive me by sixty days, then I give the residue of my estate to my children VIRGINIA E. WERT and CHARLES GUTSHALL, in equal shares. Should any of my children fail to survive my death by sixty days, I give the share of such deceased child to his or her issue; and should any of my children predecease me leaving no issue surviving me, I give his or her share to be divided among my surviving issue as set forth above. c~ N THIRD ===i -;~ -°z ~ ~:~' ~ . r ._ I appoint my husband, RICHARD E. MILLER, Exec~2-tgr. c3,In ` the event he is unwilling or unable to act, I app~~.JCHA,~LEg . . ~~; L. GUTSHALL substitute Executor. ~:.->~%~1 _... ,v ~ ~ 1 -= FOURTH My Executor shall not be required to file a bond in this or any other jurisdiction. FI F~I'H In addition to powers given them by law, my Executor and any successor Executors shall have the following powers, applicable to all property held by them, effective without court order and until actual distribution: (a) To retain any property received by them, including the stock of any corporate fiduciary acting hereunder; (b) To sell real estate for any purpose, publicly or p?'~.va.tely, for such prices at~d on sLCh terms as they deem proper, witho~.:t lial:ility to the pui:chasars to see to ~' application of the purchase monies; (c) To compromise controversies; (d) To distribute in cash or kind or both at such valuations as they may fix; and (e) To distribute property passing to a minor under this will either to the minor or to any person to hold for a minor; (f) To sell articles passing to a minor under this will if the Executor, in his sole discretion considers such articles unsuitable for a minor and to use the proceeds of such sale to equalize the shares of the other beneficiaries of this will. (g) To hold investments in the name of a nominee. SIXTH All federal, state, and other because of my death on the property f.or t.ax purroses , t:~hetrer ar •r.~t it shall be paid out of the principal that the burden thereof falls on my beneficiary, or a.ny outside fund. death taxes payable forming my gross estate passes Z:n~i,r tip Till, ~f my probate estate so residuary estate, any IN WITNESS WHEREOF, I have hereunder set my hand and seal this a 9 ~ day of ,~ 1988. `~ ~~~, , ~ CHARLOTTE M. MILLER 2 The preceding instrument, consisting of this and two (2) other typewritten pages, was on the day and date thereof signed, by the above-named Testatrix as 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 (~1 ~$~~~Z~ rESiding at ", ~~~~-l~~LL c~ 3 COMMONWEALTH OF PENNSYLVANIA ss. '; I COUNTY OF ~~+~Ph' ~ I, CHARLOTTE M. MILLER, 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 this 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. °h? CHARLOTTE M. MILLER Sworn to and subs~:ribed before me this 29~h day of 1~ece~-nb2~I 1988. ~~ 0 NOTARIAL SEAL C~WYNNE C. PRINGLE, Notary Public Harrisburg, PA Dauphin County My Commission Expires May 29, 1989 4 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DouQh~r~ ss. we, ~Ghn C. I~e-~eYso,n and C~no(v C. t ~r~n~rk~vr 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 CHARLOTTE M. MILLER, Testattrix, sign and execute the instrument as her Last Will; 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 Will as witnesses; and that to the best of our knowledge tY:e Testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. c~ residing at ~L ~~~~~ ZuS ~.tz.ys~~,F~ ~7c~t3 residing Sworn to and subs ribed before me this 2R~`" day o ~ecPmbe~( 1988. Nota y Public NOTARIAL SEAL GWYNNE C. PRiNGLE, Notary Pubtio Harrist~urg, PA Dauphin County My Commission Expires May 29, 1989 5 at ~ ~, . ~ it FIRST CODICIL I, CHARLOTTE M. MILLER, of 970 Green Spring Road, Newville, North Newton Township, Cumberland County, Pennsylvania, do hereby make this as a first Codicil to my Last Will and Testament dated December 29, 1988. Item 1. I hereby delete the name of my deceased husband, RICHARD E. MILLER, from Paragraphs FIRST and SECOND of my Last Will and Testament. Item 2. I hereby revoke Paragraph THIRD of my Last Will and Testament and insert the following in its place: "I appoint my children, CHARLES L. GUTSHALL and VIRGINIA E. HOOVER as Co-Executors of my estate." Item 3. In all other respects, I hereby ratify, confirm and republish my said Last Will and Testament dated December 29, 1988, and the same is incorporated by reference herein. c~ a ca "7 ~ ~ IN WITNESS WHEREOF, I have hereunto set my hand to this First Codicil to z~ast Val ~~ and Testament this 1 ~ day of .~ ~. ~, ~- , 2001. ,,.:: ;~; ~ ~ r~' ~~ ~ _% (._ ~ ~ W WITNESS: ~' '~i~ ~ ~ 1 .~ ~, f ' J.J 0 ~., f ~ 7 ~9 (._.:. ~ ^~ ~~ ~ r- ( 1. '!"i ,. -, Charlotte M. Miller Sworn or affirmed and acknowledged before me by CHARLOTTE M. MILLER, the ~h Testatrix, this ~ ~1 'day of ~,,~_ , 2001. ~`~.. ~ rr-F~'w Notarial Sea! Terry E. Walker, Notary Publla SouthMiddietonTwp CumbarlendGbun My Commission Expires Mar. 31, 2~3 Member, PennsyWania AssoClatlOn -ties AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. WE, ~`-.- ~ ~ ~ - ~ ~- ~/F ~ ~ ,- J- and ~Gc ~ y /y? • P~~ C~ the ,~=' , witnesses whose names are attached to the foregoing document, being duly qualified to law, do depose and say that we were present and saw CHARLOTTE M. MILLER sign and execute the instrument as her First Codicil to his Last Will and Testament dated December 29, 1988; that she signed willingly and that she 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 First Codicil as witnesses and that to the best of our knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. ~- L ~ ~l. ~~.~ Sworn or affirmed and subscribed before me by ~~ ~~d ~ - w-~~/J'- ~ and _ /)')a ~- ~ h'- - ~~, c~ this l q`~ day of ~ , 2001. 7 ~~~ ~~~ 0 F:\User Folder\Firm Docs\Wills\1614-lcmmcodicil.wpd Notarial Seal Terry E. Walker, Notary Pudic South Middleton twp., C.uraberiatnd County My Commission Expires Mar. 31, 2003 Member, Pennsylvaraa Associatronot Notaries 2