HomeMy WebLinkAbout04-29-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WII,LS OF CUMBERLAND COUNTY, PENNSYLVANIA
R u+h I . Stanv File Number (/~ ~ - ~ q ~ d ~ ~~
Estate of -
also known as
,Deceased Social Security Number 204053429
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE A' OR 'B' BELOW.)
X^ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the executor named in the
last Will of the Decedent dated 5/26/1976 an dicil(s dated
Dale W Starry Sr predeceased the decedent on 11'~.f~~ 3p~ I r
(State relevant 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:
B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durante absentia; durance minoritate)
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If
Administration, c.t.a. or d.b.n.c.t.a., enter date of Wil! in Section A above and complete list of heirs.)
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(COMPLETE I1V ALL CASES:) Attach atldltlonal sheets f necessary. ~ `i ~ , ~-
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Decedent was domiciled at death in Cumberland County, Pennsylvania, with his /her last principal residence at ~_°' ~ .
Washinat~n Street Shi~~ensbura PA 17257 Shinnensbura __ Borough
(List street address, town/city, township, county, state, zip code)
Decedent, then 89 years of age, died on 4/9/2009 at Shi~oensburg Health Care Center
71 Waln~if Rnf4nm Read Shio~ensburg PA 17257
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 5.000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $ 139.000.00
115 North Washington Street, Borough of Shippensburg, Cumberland County, 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:
Typed or printed name and residence
Dale W. Starry, Jr.
Form Rw-oa rev. 10.13.06 Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF {=~ ~MRFRI AN9
The Petitioners} above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of
the lrnowledge 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 ~
Signature of Personal Representative Dal , Jr~ d
before me the 29th day of ~ ~ ~„
Anril ?OOQ
._., , - Signature of Personal Representative
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For the Register Signature of Personal Representative ~ ~ ~ y` _.` ~;1
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File Number: ~~ ' ~~ ' bt-1 OFf
Estate of R"+h ~ Starry ,Deceased
Social Security Number: 204053429 Date of Death: 4/9/2009
AND NOW, Anril 29 ,~_, in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Dale ~"J Starry Jr
in the above estate
and that the instrument(s) dated A~..~Y ~~ '~ O7S
described in the Petition be admitted to probate and filed of record as the last Will~and Codicil(s)) of Decedent.
FEES
Letters .........................
Short Certificate(s)
Renunciation(s) ••••••••••••
Will
Automation
JCP fee
.... $ 260.00
.... $ 20.00
.... $
,,,, $ 15.00
,,,, $ 5.00
,,,, $ 10.00
.... $
.... $
TOTAL .............................
$ 310.00
gtster of Wills V ~ U ~ ~` JQ,Q,~_
Attorney Signature: ~ ."" r _
Attorney Name:
Supreme Court I.D. No.: 17516
Address: 14 North Main Street. Suite 200
Telephone: 1Z1Z)264-6029
Form RW-02 rev. 10.13.06 Page 2 of 2
~~~~ ilk ~.n~r C~.~~t~xmPxtt
I, Ruth L. Sta rry, of 115 North Washington Street, Shippensburg,
Cumberland County, Pennsylvania, being of sound and disposing mind, memory and
understanding, do hereby declare this to be my Will, hereby revoking any and
all former Wills and Codicils thereto by me at any time heretofore made.
FIRST: I direct that all my just debts and funeral expenses, including
the expenses of my last illness shall be paid from my estate as soon as practicable
after my decease as a part of the expense of the administration of my estate.
SECOND: I give, devise and bequeath the residue of my estate of every
nature and wherever situate to my husband, Dale W. Starry, Sr., providing he shall
survive me by thirty (30) days.
THIRD: Should my husband, Dale W. Starry, Sr., predecease me or die on or
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before the thirtieth (30th) day following my death, I give, devise and bequeath the
residue of my estate of every nature and wherever situate to my children, namely,
Dale W. Starry, Jr., Kevin J. Starry, and Brian W. Starry, in equal shares, provided
that the share of any child who predeceases me or dies on or before the thirtieth
(30th) day following my death shall be distributed to his or her issue, per stirpes,
living on the thirty-first (31st) day following my death, and in default of any
such then living issue such share shall be added to the share or shares for my other
children.
FOUR'PtH: In the event that anyone entitled to a share of my estate should
be a minor at the time for distribution to him or her, I constitute and appoint The
First National Bank of Shippensburg, Shippensburg, Pennsylvania, Guardian of any
property which passes either under this Will or otherwise to said minor. Said
Bank, as Guardian aforesaid, shall, in its sole discretion and without Order of
Court, have the power to retain such property in kind or to sell the same, giving
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good title to any real estate, to invest and reinvest in stocks,- bo~~jor ot~iir _," =;
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investments, without being limited to investments which would be leq~~r mi~ors~ ~-`~'
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funds, and to use principal as well as income from time to time as ~~~~ear to ].?e:-;
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Page One of a Three Page Will w
necessary for the minor's welfare, comfort, medical care, recreation, support
and education, without responsibility to the minor or to any person taking care of
the minor; and any balance in the hands of said Bank, as Guardian aforesaid, shall
be distributed to said minor when he or she attains the age of eighteen (18) years.
If such minor dies prior to attaining the age of eighteen (18) years, said Guardian
is authorized in its discretion to pay part or all of his or her funeral expenses
and the remaining balance in the hands of said Bank, as Guardian aforesaid, shall be
distributed to his or her personal representative. In the event the funds held by
the Guardian for any minor become, in the opinion of the Guardian, too small for
proper and efficient administration, the Guardian, in fits sole discretion, may
deposit such funds in a savings account in the name of the minor.
FIFTH: My Executor and Guardian shall have the following powers in
addition to those granted to them by law and by other provisions of my Will
applicable to all property, whether principal or income, including property held
for minors, exercisable without Court approval, and effective until actual
distribution of all property:
A. To retain any and all of the assets of my estate, real or
personal, including stock of my corporate fiduciary, without regard to any principle
of diversification or risk.
B. To invest in all forms of property, including stock, common
trust funds and mortgage investment funds, whether operated by my corporate fiduciary
or others, without restriction to investments authorized for Pennsylvania fiduciaries,
as they deem proper, without regard to any principle of diversification or risk,
C. To sell at public or private sale, to exchange or to lease, for
any period of time, any real or personal property, and to give options for sales,
exchanges or leases, for such prices and upon such terms or conditions as they
deem proper.
D. To allocate receipts and expenses to principal or income or
partly to each as they from time to time think proper.
E. To compromise any claim or controversy.
Page Two of a Three Page Will
E. To distribute in cash or in kind or partly each.
G. To hold property in their names without designation of any
fiduciary capacity or in the name of a nominee or unregmstered.
SIXTH: 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 a part of the expense of the administration of my
estate.
SEVENTH: I appoint my husband, Dale W. Starry, 5r., Executor of this,
my Will. Should my husband, Dale W. Starry, Sr., fail to qualify or cease to act
as Executor, I appoint my son, Dale W. Starry, Jr., Executor of this, my Will.
EIG~iTH: No bond shall be required of any fiduciary hereunder in any
jurisdiction.
IN WITNESS WHEREdE', I have hereunto set my hand and seal to this, my
Last Will and Testament consisting of three typewritten pages, the first two of
which bear my signature in the margin for the purpose of identification, this
~~b day of~ 1976.
/L ~ EAL)
Signed, sealed, published and declared by the above named Tes rix, Ruth
L. Starry, as and for her Last Will and Testament, in our presence, who, in her
presence, at her request and in the presence of each other have hereunto set our
hands as attesting witnesses.
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Page Three of a Three Page Will
OATH OF SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
Estate of R~~+h ~ Starrv ,Deceased
Jnpl R 7ullingpr anri Caml L ~ratton , (each a subscribing witness to
(Print Names)
the ®Will ^ Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and
say(s) that she / he /they was /were present and saw the above Testator /Testatrix sign the same
and that she / he /they signed the same and that she / he /they signed as a witness at the request of
the Testator /
(Signature)
14 North Main Street. Suite 200
(Street Address)
Chambersburg PA 17201
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed an_d~subscribed
before me this ~ dgay
of r ,~.
in her /his
presence and in the presence of each other.
(Si lure)
14 North Main Street. Suite 200
(Street Address)
Chambersburq PA 17201
(City, State, Zip)
Executed out of Register's Office
Sworn to or affirmed and subscribed
before me this ~~' day
of Ori ~ ,°?~ .
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putt' or Re ster of Wills Notary Public ~
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization.
Form RW-03 rev. 10.13.06
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