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HomeMy WebLinkAbout05-01-09- PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Mary V. O'DONNELL File Number 21-09- ~ ~~ also known as Deceased Social Security Number 168-24-4164 Richard E. O'DONNELL Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE ;4' 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 08/14/1995 and codicil(s) dated State relevant cin;umstances, e.g., renundaHon, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child bom 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 ap rce , en r. a .a.; ..n.c..a.; n uran a sen a; uran a mrn a e 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 Administrebon, c.t.a. ord.b.n.c.t.a., enter date of fN-ll in Section A above and complete list ofheirs.) N 0 _- ~ ~ Name Relationship Residence _ ...., ~. ; .. ..-1 U3 ~ C C~ . . +:7 ~-~ ~" "^~ i _~ .. (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. O Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 461 E King Street, Shippensburg, Shippensburg Borough, Cumberland, PA 17257 ' (List street address, town/city, township, county, state, zip code) 461 E King Street, Shippensburg, Shippensburg Borough, Cumberland Decedent, then $$ years of age, died on 04/22/2009 at County, PA Decedent at death owned propertywith estimated values as follows: (If domiciled in PA) (If not domiciled in PA) (If not domiciled in PA) Value of real estate in Pennsylvania All personal property Personal property in Pennsylvania Personal property in County situated as follows: 90,000.00 $ 110,000.00 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: atgnaiure I ypea or pnntea name and residenC Richard E. O'DONNELL 12736 Stonewall Road f ~ ~ ~ ~ /O ~ Shippensburg, PA 17257 532.7302 Form KW-OZ Rev. 1x13-2006 Copyright (c) 2006 form software only The Lackner Group, Ina Pege 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } SS COUNTY OF Cumberland 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. Swom to or affirmed and subscribed before me this ~_ day of 0. For the Register Srgnature of Persona! Representahve Srgnatufe of Personal Repfesenfatrve File Number: 21-09- fir-} l~' Estate of Mary V. O'DONNELL ,Deceased Social Security Number. 168-24-4164 Date of Death: 04/22/2009 AND NOW, __ ~ ~ S~_ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Richard E. O'DONNELL in the a estate and that the instruments dated O 0 811 4/1 9 9 5 ~°o : , ~ described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. iF ~7~n Sa ~r -_ r?~r <` -~:~ ~ r ~ ~> :,:, , r f-~-i ~ ~_7 . , .'1~j ~ ~ ~ ~ '7 2a ~' . C ~ :_.: -- ~ `O '~ ap ~ ter ;'^ FEES ~~yy~~ Letters ................................:........... $ .:~ ~ _ ;-~ _ , Short Certificate(s) ........................ $ 20 •~~ Reglsfer o .. ~ Renu nciation(s) ............................. $ Attorney Signature: ~ r ~ l Q $ '~ (~© lJl Att N , omey ame: Forest N Myers 1 ^ ~ ~ l.~I '' $ ~ ~ • C~~ ~~`~ ~(YJ.~i tm $ S' ~~ Supreme Court I.D. No.: 18064 Law Office Forest N Myers $ Address: 137 Park Place West $ Shippensburg, PA 17257-9212 $ Telephone: 717!532-9046 TOTAL .................................... $ ~ ~ ~ . W Form Rt~t~-t)2 Rev. 10.13-2006 Copyright (c) 2006 torrn software ony The Lackner Group, Inc. page 2 0T p f~l{r11pIM G. V LJVI\I\GLL PETITION FOR PROBATE AND GRANT OF LETTERS (Continued) REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of ~ Mary V. O'DONNELL ~ File Number 21-09- also known.as r ,Deceased Social Security Number '"~ 168-24-4164 Name Relationship 1 O'DONNELL, Charles L Son 2 O'DONNELL, John G Son 3 O'DONNELL, Richard E Son 4 O'DONNELL, Terry C Son 5 WfLLIS, Joanne Daughter ~ C ~ ° L' ~ . tl ~ ~/~+.~ ~lf rv 3j 1~~ ~ t 1 • ~ .i ., J .~~ --n ~ ~ ~ f _ O l ~ • ~ _ '~. _ ...r„' 'T .' s . * * LAST WILL AND TESTAMENT I, MARY V. O'DONNELL, of 461 East King Street, Shippensburg, Cumberland County, Pennsylvania, revoke my prior wills and declare this to be my Last Will: FIRST: PAYMENT OFEXPENSES - I direct that the expenses of my last illness and funeral be paid from my estate as soon as may conveniently be done. SEC011((Q;, SPECIFIC BEQUEST - I direct that my daughter-in-law, EDNA O'DONNELL, pick the clothes in which I will be buried. THIRD: SPECIFIC BEQUESTS - I give, devise and bequeath as follows: A. To my daughter, JOANNE WILLIS, my diamond rings, provided she shall survive me by thirty (30) days, per stirpes. B. To my granddaughter, NATALIE L. WILLIS, my diamond ring set, which has her name on it, provided she shall survive me by thirty (30) days, per stirpes. C. I have certain Certificate-of Deposits, held jointly with my son, CHARLES O'DONNELL, of Dauphin Deposit Bank and Trust Company and Orrstown Bank. These are joint for convenience only and the gross amount should be distributed equally among my surviving children, CHARLES L. O'DONNELL, JOANNE WILLIS, RICHARD E. O'DONNELL, JOHN G. O'DONNELL and TERRY L. O'DONNELL, per stirpes. In the event CHARLES does not divide these among my children, his share of my estate shall be reduced pro rata, as to the amount not shared. law Office of FOREST N. MYERS *.. 10000 Molly Pitcher Highway Shippensburg, PA 17257 (717)532-9046 FOURTH: RESIDUE OF ESTATE - I direct that all my property, whether real or personal, tangible or intangible, together with all insurance policies thereon be sold and the proceeds therefrom shall be given to my children, CHARLES L. O'DONNELL, JOANNE WILLIS, RICHARD E. O'DONNELL, JOHN G. O'DONNELL and TERRY L. O'DONNELL, provided they shall survive me by thirty 130) days, in as nearly equal shares as possible, per stirpes. N_ FIFTN: PROTECTIVE PROVISION • To the greatest extent permi~~y law~efor~ ~a~.tual payment to a beneficiary, no interest in income or principal shall be (i- as~~bla to a~eneia~r, or (ii) available to anyone having a claim against a beneficiary. ~ ~ ~ ~~= ; -.- c„ ~ - _n-~ ~-: ,~.. ~ --_ -~, N C~ SIXTH: DEATH TAXES • All federal, estate and other death taxes payable on the property forming my gross estate, whether or not it passes under this will, shall be paid out of the principal of my probate estate just as if they were my debts, and none of those taxes shall be charged against any beneficiary. This provision shall not apply to any property over which I have a general power of appointment for federal estate tax purposes. SEVENTH: MANAGEMENT PROVISIONS - I authorize my Executor, as follows: A. Retainllnvest: To retain and to invest in all forms of real estate and personal property, including common trust funds, mutual funds and money market deposit accounts and certificates of deposit, regardless of any limitations imposed by law on investments by executors or any principle of law concerning investment diversification; B. Compromise: To compromise claims and to abandon any property which, in my Executor's opinion, is of little or no value; C. Borrow: To borrow from and to sell property to my children or others, and to pledge property as security for repayment of any funds borrowed; D. SeIIILease: 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 or leases; E. Capital Changes: To join in any merger, reorganization, voting-trust plan or other concerted action of security holders, and to delegate discretionary duties with respect thereto; F. Distribute: To distribute in kind and to allocate specific assets among the beneficiaries (including any custodian hereunder) in such proportions as my trustee may think best, so long as the total market value of any beneficiary's share is not affected by such allocation. These authorities shall extend to all property at any time held by my Executor or my Trustee and shall continue in full force until the actual distribution of all such property. All powers, authorities and discretion granted by this will shall be in addition to those granted by law and shall be exercisable without court authorization. EIGHTH: EXECUTOR • I appoint my son, RICHARD E. O'DONNELL, Executor of my Will. In the event of the death, resignation, renunciation or inability of my son to act as Executor, I appoint my daughter, JOANNE WILLIS, Executrix of this, my Will. Neither my Executor, nor any successor shall be required to give bond. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 14th day of AUGUST, 1995. ~1~~Dd5 A Maly V, O'Donne/% Testatrix In our presence, the above-named Testatrix signed this and declared it to be her will, and now, at her request and in her presence and in the presence of each other, we sign as witnesses: ---_-t-~.~. ~~,._ ~ ~~cah COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN :SS I, MARY V. O'DONNELL, having been duly qualified according to law, acknowledge that I signed the foregoing instrument as my Will, and that I signed it as my free and voluntary act for the purposes therein expressed. -~"~~Q Mary V O'Donne/% Testatrix We, MARY V. O'DONNELL, the Testatrix in and the undersigned witnesses to the Will, the attached or foregoing instrument, who have signed the instrument, having been qualified according to law do depose and say: (a) that I, the Testatrix, do hereby acknowledge that I signed the instrument as my Will, that I signed it willingly and as my free and voluntary act for the purposes therein expressed; and (b) that we, the witnesses, were present and saw the Testatrix sign and execute the instrument as her Will, that she signed it willingly and 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, the Testatrix was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. M~ f'ro ~ ~ Mary V. O'Donnell, Testatrix N ~_ Witness Witness Subscribed, sworn to or affirmed, and acknowledged before me by the above•named Testatrix and by the witnesses whose names appear on this _ 14th day of AUGUST, 1995. Notary Public ~ NOTARIAL SEAL JEANNE MARIE ARNOLD. Notary public Shippenstwrg, PA, FranWin County My Commission Expires Apra 11, 7996