HomeMy WebLinkAbout04-29-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF,~iu.m~ v ~?ru'~ COUNTY, PEN~iSYLVANI~
Estate of ~~ ~S~PN ~o1Q DOn~ ~f~ L N ~ ~/~ . File Number ~ ~ ' V ~ ~ `~ 1
also known as
,Deceased Social Security Number ~ 3 (a "~ ~' ~~~~~
Petitioner(s), who is/are 13 years of age or older, apply(ies) for:
(CO,L-lPLETE 'A' or 'B' BEL06{!)
A. Probate and Crant of Lett rs T tamentary and aver that Petitioner(s) is /are the Ex ~~ u. ~ -~ named in the
last Will of the Decedent dated ~ r~~+ Og' and codicil(s) dated 11 d h ~
(State reievmu circumstarsces, e.g., renunciation, death of executor, etc.) ~,,. Q `~
,~: z ~L 1
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of ~'Il ~tumet~) offer=ed',
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: -~ x= r-ri-j r``=' -
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^ B. Crant of Letters of Administration ~~
(ljappficable, enter: e.t.a.,, d.b.n.c.t.n.; penderstelite; durance absentia; durdate toritnteJ
D _ -,
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) a t~,heirs: (If
Adntittistratiott, c. t. a. ord. b. n. c. t. a., enter date of {~Yill in Section A above and complete list of heirs.)
- - - -
(COrY1PLETE IN ALL CASES:) Attach/'additional sheets if_npecessary.
Decedent was domiciled at each in l.lA,Yri ~ r ~ ~nc~l County, nnsylvania with his /her last principal residence at
~5 S~1/e51~1 Dr ~nf. 3~Y,~~~ei.•I12~r.t'c96t,2y6) ~Lewev l}ll~r, Tow,~sh~f~~ Gc~.rhb~yl~ G
(List street address, !oti n/cci~ty, towns iip, coung~, state, zip cone) PZ y~nSe, ~ V2+yri ~ X705 ~ ~-
Decedent, then 3 ~ years of age, died on ,~5 O at _ ~~ c'~ Vr L5 ~~i Y~ -~~l ~ca(
~a ~- r t'sb~,,~ ~ ~ PA
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ ~ 00 U
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in Counry $
Value of real estate in Pennsylvania $ ~--
situated as follows:
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:
Si nature Typed or printed name and residence
,K..t.-~,~,~J
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~YI~ e,w aYns
ri3os FC'~-~i'Yc. Circle ~ I~~c1~-z~t cS~~.~v~ PA t70SS
Form R6V-0? rev. 10.!3.06 P3b@ 1 Of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANLA
C~~exic~. : SS
COUNTY OF
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and con•ect 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 theme ~ ~ day of
~ ~.0
Fo e Register
L'17/~~
Signature ojPersonnl Representative
Signature ojPersonnl Representative
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Signature ojPersonnl Representative
_'G7~ Lfl
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File Number:_ ~' V ~ O -1' ~ ~ ~'
Estate of ~ V b Y l ~r~~d (7Y1 ~ ~ ~.r J 1_ ,Deceased
Social Security Number: ~~3~p ` ~ `~ ` O b (~~ Date of/Death: ~""02~~ ~~
AND NOW, Ort"i~-1~U,1~~ iJ~~. /~~j~~ , ~~ / , inn jconsideration of the foregoing Petition, satisfactory proof
having been presented before lie, I'GIS DECREED that Letters ~e7TQ.!'Yl~'11~Q,I~C,~
are hereby granted to
~ v
inthe above estate
and that the instrument(s) dated ~
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. - t n
FEES
Letters ............... $
Short Certificate(s) ........ $
Renunciation(s) .......... $
~l 11 ... $ 5.
...$ ~
... $
... $
... $
... $
... $
... $
... $
TOTAL .............. $_~.~
Attorney Signature:
Attorney Name:
Supreme Court I.D. No.:
Address:
Telephone:
RegisterojWills f~~/
r-~~n, Rw-o? ,w 10.13.or> Page 2 of 2
/-~ -~~~
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
~.~~936~1
Certification Number
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Ntosta3 REV tu2oa COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
trPE / PwNr w
~ CERTIFICATE OF DEATH
(Soe InstructloYU snd exampbs on roverse) sTATe FNe NueaeEa
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1. Name tl Decetlw IFirsl, midde, laq, audal 2. Ses 3. Saael SewXy NurD« ~. Dpe Oeah 1 . deY, Y.
Jose Gordon Dal Jr.
!Male
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Marleen Karns 2305 Foxfire Circle Mechanicsburg, PA 17055
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This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vital
Records Office for permanent filing.
Y~~ 09
ocal Registrar ate Issued
v ~ . U ~ Diaposmm~ Permn No. 031 A617 ~
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Last Will and Testament °~
~ ~~
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JOSEPH GORDON DALY, JR. ~ c~
I, Joseph Gordon Daly, Jr., of Mechanicsburg, Cumberland County, Pennsylvania, do
make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and
Codicils by me heretofore made.
ITEM I: Family Information. I am not married. I have three children: Joseph Gordon
Daly, III (born October 6, 1948), Maureen C. Kirsch (born September 25,1949), and Marleen E.
Karns (born July 3, 1956). These children are described in this Will as "my children", or as "a child
of mine". Any person born to or adopted by a child of mine is referenced in this Will as my issue.
Provided, however, no adopted person shall benefit under this Will unless the order or decree of
adoption is entered before the adopted person attains the age of twenty-one (21) years.
ITEM II: Death Taxes. 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, except that no taxes shall be charged against any gift qualifying for the charitable deduction in
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 III: Debts and Final Expenses. 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 IV: Tangible Personal Property. I give all my tangible personal property,
including but not limited to, all of my household furniture and furnishings, books, pictures, jewelry,
silverware, automobiles, wearing apparel and all other articles of household or personal use or
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adornment and all policies of insurance thereon to my children, Joseph Gordon Daly, III, Maureen
C. Kirsch, and Marleen E. Karns, in equal shares to be divided among them as they shall agree. If
my son, Joseph Gordon Daly, III, or my daughter Maureen C. Kirsch fails to survive me by thirty
(30) days, their share shall be distributed in equal shares between my surviving children. If my
daughter Marleen E. Karns fails to survive me by thirty (30) days, her share shall be distributed to
her children in equal shares, per stirpes. Should there be no agreement, the Executor shall divide this
property among them in as nearly equal portions as the Executor deems appropriate, having due
regard to the personal preferences of my children. 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 tangible 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 subsequently
discovered list shall be ignored.
ITEM V: Specific Bequests.
A. I give to Babson College, 231 Forest Street, Babson Park, MA
02457-0310, the amount of Five Hundred Dollars ($500.00) for qualified purposes.
B. I give to Hospice of Central Pennsylvania, P.O. Box 266, 98 South
Enola Drive, Enola, PA 17025, the amount of Five Hundred Dollars ($500.00) for
qualified purposes. Hospice of Central PA is atax-exempt organization under
Section 501(c)(3) of the Internal Revenue Code.
C. I give to Tutwiler Clinic, 205 Alma Street, Tutwiler, Mississippi
38963-04628, the amount of Five Hundred Dollars ($500.00) for qualified purposes.
The Tutwiler Clinic is atax-exempt organization under Section 501(c)(3) of the
Internal Revenue Code.
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D. I give to Service Dogs for America, Great Plains Assistance Dogs
Foundation, Inc., P.O. Box 513, 920 Short Street, Jud, North Dakota 58454, the
amount of Five Hundred Dollars ($500.00) for qualified purposes. Service Dogs for
America, Great Plains Assistance Dogs Foundation, Inc., is atax-exempt
organization under Section 501(c)(3) of the Internal Revenue Code.
ITEM VI: Residue. I give the residue of my estate, not disposed of in the preceding
portions of this Will, in equal shares to my children, Joseph Gordon Daly, III, Maureen C. Kirsch,
and Marleen E. Karns, if they survive me. If my son, Joseph Gordon Daly, III, or my daughter
Maureen C. Kirsch fails to survive me by thirty (30) days, the residue shall be distributed in equal
shares between my surviving children. If my daughter Marleen E. Karns fails to survive me by
thirty (30) days, her share of the residue shall be distributed to her children in equal shares, per
stirpes.
ITEM VII: Survival. Any person who has died within thirty (30) days after my death, or
under such circumstances that the order of our deaths cannot be established by proof, shall be
deemed to have predeceased me. Any person (other than myself) who has died at the same time as
any beneficiary under this Will, or in a common disaster with that beneficiary, or under such
circumstances that the order of deaths cannot be established by proof, shall be deemed to have
predeceased that beneficiary.
ITEM VIII: Executors. I make the following provisions with respect to Executors:
A. I appoint my daughter Marleen E. Karns of Mechanicsburg,
Pennsylvania, to be the Executrix of my Estate. In the event that my daughter is
unable or refuses to serve as Executrix of my estate, I appoint my son, Joseph
Gordon Daly, III, of Winston Salem, North Carolina, to serve as Executor of my
estate.
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ITEM IX: Administrative Powers. In addition to the powers granted at law, the Executor
shall possess the following powers, each of which shall be construed broadly and maybe exercised
without court approval, but 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, to make loans, 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. The Executor is authorized to divide and 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 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 real and 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(s). The Executor is authorized to execute, acknowledge
and deliver deeds, assignments, options or other writings as necessary or convenient
to any of the power conferred upon the Executor and Trustee.
E. To mortgage real estate, and to make leases of real estate.
4
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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 Will.
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 the Executor deems prudent and appropriate.
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 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 athird-party beneficiary contract.
L. 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 employ custodians of property, investment or business advisors,
accountants and attorneys as the Executor deems appropriate, and to compensate
5
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these persons from assets of my estate or trust, without affecting the compensation to
which the Executor is entitled.
N. 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 reduction in the amount of any estate tax
deduction or estate tax charitable deduction.
O. To make any adjustment to basis authorized by law, including, but not
limited to increasing the basis of any property included in my estate, whether or not
passing under this Will, by allocating any amount by which the bases of assets may
be increased. The Executor shall be under no duty and shall not be required to
allocate basis increase exclusively, primarily, or at all to assets which pass as part of
my probate estate as opposed to other property for which a basis adjustment is
allowable. The Executor shall allocate basis increase equitably among those
beneficiaries receiving property as a result of my death, but shall not be liable to any
person, nor subject to removal or surcharge, for any reasonable allocation of basis
increase.
P. To compromise claims.
To do all other acts in his or her judgment necessary or desirable for the proper and
advantageous management, investment and distribution of the estate established under this Will.
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 this ~~ 4day of August 2008.
J h ordon Daly, Jr.
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SIGNED, SEALED, PUBLISHED and DECLARED by Joseph Gordon Daly, Jr., the above named
Testator, as and for his Last Will and Testament, in the presence of us, who, at his request and in his
presence, and in the presence of each other, have hereunto subscribed our names as witnesses.
Residence ~ ~ ~a n, ~.rb ~ r3 Y~
Residence /"/cc~hics bars 17,E
7
I ' als
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
ss:
COUNTY OF CUMBERLAND
We, Joseph Gordon Daly, Jr., ~ Q (~1~ ,~ ~~C.~~ and ~ .Q~uO
Testator and witnesses, respectively, whose names are signed to the attached and foregoing instrument,
being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and
executed the instrument as his last will and that he had signed willingly, and that he executed it as his
free and voluntary act for the purpose therein expressed, and that each of the witnesses, in the presence
and hearing of the Testator, signed the Will as witnesses and that to the best ofhis/her knowledge the
Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue
influence.
Joseph Gordon Daly,
Testator
Witness
Witness
Subscribed and sworn to and acknowledged before me by Josep~ordon Daly, Jr., the
stator and subscribed and sworn to before me by OwYr~~ ~(lf 1. ~.a~e..~jC and
o ~p,p ,witnesses, on this ~Z(~''~'`day of August 2908.
~~ ~ otary Public
dLENI A ME11NN11
Nolory l1i011o
110RK G111. ~~OMf COYNfr
Mir CanmltWort btpMw Apt t0. !Ot 1
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