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HomeMy WebLinkAbout06-19-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA File Number 21-08-1138 Estate of ELSIE B. MILLER also known as Social Security Number 183-10-7274 Deceased Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' OR 'B' BELOW:) named in the a A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is !are the last Will of the Decedent dated ~°hn,ar 1 R 1996 and codicil(s) dated (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: a lecable, enter: c.t.a.; d. b. n. c.t.a.; pendente liter durante absentia; durante minoritate B. Grant of Letters of Administration ~f pp Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spo~e (if any) an~ eirs: (If C' ~ c.' Administration, c. t. a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ~ ,~~ ~ ,~ r't'1 -- r i .~ _.~ tD (COMPLETE INALL CASES:) Attach additional sheets if necessary. Penns lvania, with his /her last principal residence at Decedent was domiciled at death in Cumberland PA u 17055 y 100 Mt. Allen Drive Mechanicsbur (List street address, town city, township, county, state, yip code) gg years of age, died on 3/10/2008 at Hol S irit Hos ital Decedent, then with estimated values as follows: $ 500-00 Decedent at death owned property All personal property (If domiciled in PA) $ (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ 500.00 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: Typed or printed name and residence F ~1~~3 ~~'~ ~,t~~! Gld 1..~ 1, r ~ ~~ l' 7~~s Page 1 of 2 Firm RW-02 rev. 10.13.06 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 PetiPetitioner s) wal wellcand ~1 best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, ( administer the estate according to law. ~~~ Sworn to or afffirme/d and subscribed before e e / ~ day of nQ G'~~ .t ` > ,~ the Register Signature of Personal Representative Signature of Personal Representative - " c._. T~`_~C7 ~ _i~r Signature of Personal Representative ;,'r' ~ j[~,'L~ - ---i ~: CA .~- t.a File Number: 21-08-1138 ,Deceased Estate of ELSIE B. MILLER _, y =t _. s.:_i ^t _,-, rri ,; 183 10-7274 Date of Death: 310/2008 Social Security Number: g g ry roof (~-Y/~ d _~ , ~ c nsideration o the fore oin Petition, satisfacto p AND NOW, 1 rI ---- ~ , having been presented before, e, IT IS ~C _ ED,Tat ~~ ers are hereby granted to .lam- in the above estate t r v~ ~~~ and that the instrument(s) dated described in the Petition be admitted to probate and FEES y d ~ ....... ... ~.W... Letters ....... ~ $-'~--o --- $ ~4~ •••••• Short Certificate(s) •• Renunciation(s) •••••••••~•••••• $ .-- ~ r--- .... $ ~-- .... $ ... . . f ~vc' . $ ~.------ TOTAL ........................... of record as the last Attorney Signature: of Decedent. Supreme Court I.D. No.: 74424 Address: P.O. Box 8585 Harrisbur PA 17105-8585 Telephone: 909-2339 Page 2 of 2 Form RW-02 rev. 10.!3.06 Attorney Name: Donald F. Davis Es . n~ ~-~ n ~ i ~ . -~ . ~-~~ c_ e, - . ~7 :~ _ LAST WILL AND TESTAMENT ~Ti~ ~ ~ ~r~"~ c.._ ELSIE B . MILLER ~..~"=`+ `' ~~ ` ~ li ~ I, ELSIE B. MILLER, a resident of Cumberland County, State of Pennsylvania being of sound and disposing mind and memory, and not actingersonr duress, menace, fraud or undue influence of any p whomsoever, publish and declare this to be my Will expressly revoking all former Wills and Codicils to Wills made by me. I, Marital Status. I declare that I am ~,y.~~ unmarried. II. Debts and Funeral Expenses. I direct my Personal Representative to pay my administration and funeral expeforceable debtssas soonyasapracticalsafter all of my en my decease. in the In the event it becomes necessary discretion of my Personal Representative to obtain cash with which to pay the debts and expenses of administration, I direct the same to first seek suchor cash by selling the assets of my probate estate to, borrowing on the security of suc~i assets from, Lhe Trustee of the ELSIE B1991LLon suchTtermscandrust bears the date February 21, conditions as may be satisfactory to my Personal Representative. In the event the residuary assets are insufficient to satisfy such obligations, the Personal RepresentalLLERsTRUSTsowhorshalltsatisfyrsuchefromtthe ELSIE B. M trust corpus. III. Disposition of Residue. I hereby give, devise and bequeath all of the rest, residue and remainder of my estate, of every kind or nature and wherever situated, including property over which I have power of appointment to the Trustee under that certain Declaration of Trust known as the ELSIE B. MILLER TRUST, bearing the date February 21, 1991, and executed prior to the execution of this Will, wherein I am Grantor, and I direct that such residue shall be held, managed, administered and distributed under the terms and provisions of such trust agreement and any amendments thereto made prior to my death, it being my intention not to create a separa~e or testamentary trust nor to subject such living trust to the jurisdiction of the Probate Court. IV. Personal Representative. I appoint DONALD F. DAVIS, as Personal Representative of this my Will. Should he fail to qualify or, having qualifiodnt cease to act as Personal Representative, then I app WILLIAM M. PIERSON. No Personal Representative qualified hereunder shall be required to give bond or security for the faithful performance of duties in any jurisdiction whatsoever. 4~ ~5%'m V. Fiduciary Powers. Any fiducoWerssin appointed herein shall have the following p addition to, and not in limitation of, the powers vested in fiduciaries by law: A, To retain any investments and properties for as long as they may deem proper; g. To make investments and reinvestments of principal and accumulated income without limitation to what are known as legal investments and in such proportions as they may consider proper, including and not being limited to holding cash balances and tangible personal property and investments in preferred and common stocks of corporation and interests in common trust funds, whether or not operated by any corporate fiduciary, being my intention to give to my fiduciaries the broadest powers of investment; C. To alter, repair, improve, sell, mortgage, lease, exchange or otherwise develope, operate or dispose of any real or personal property any time for such prices and on such terms and in private or public transactions as shall be deemed appropriate, without liability on the purchasers to to the application of the purchase money; D. To compromise, arbitrate, or otherwise adjust claims in favor of or against my estate; it at see E. To make distributions in cash or in kind, or partly in each; F. To hold any trust shares as separate trusts or to hold them or any number of them as one trust. VI. Protective Provision. To the extent permissible by law, no interest in income or principal hereunder shall be subject or liable to anticipation, sale, assignment, pledge, debts, contracts engagements, orders, or liabilities, nor be subject or liable to levy, attachment, execution, sequestration, or seizure under any legal, equitable or other pY~ocesses. VII. Taxes. I direct that all inheritance taxes, Federal Estate taxes and all other similar taxes payable by reason of my death including any such tax levied against life insurance, property passing by operation of law and all other property which is taxable in my estate for purposes of any such death tax 2 (whether or not such property passed under the terms of this, my Will) shall be paid out of the principal of my residuary estate and that no person shall be required by my Personal Representative or cortionuofnsuch taxes. contribute to the payment of any p In the event that probate assets are insufficient to pay such taxes, however, my Personal Representative shall so cerallysatisfy suchtfromftheetrustEcorpusLLER TRUST who sh IN WITNESS WHEREOF, I have hereunder set my hand and seal this 16th day of February 1996. ~~ y ~ CX,Q~,G~ ~ ' }~-CA~w ELSIE B. MILLER The foregoing instrument, consisting of three (3) pages, including this page, was signed, sealed, declared and published by the above-nresencesoft~s,athe her Last Will and Testament, in the p undersigned, who at her special instance and request, do attest as witnesses after said Testator subscribed her name thereto, in his presence and in the presence of each other. residing at , /~ i residing at /,.~-' ~~'~-~~~~ ~~ COMMONWEALTH OF PENNSYLVANIA ~ ss. COUNTY OF YORK ) ~.; ~ ,; % e, ELSIE/JB. MILLER, ~.~'''-~-t~~'~ ~~~~~ and j,~'%~~'~~~ f~~ !'~-~ ~''~ , the Testator and w' nesses, respectively, whose names are signed to the attached instrument, being first duly sworn, do hereby declare to the undersigned authority that: the Testator signed and executed the instrument as her Last Will and Testament; signed willingly; she executed it as her free and voluntary act for the purposes therein expressed; each witness signed the Will as witness in the presence and hearing of the Testator; and to the best of each witnesses' knowledge, the Testator was at the time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. ELSIE B. MILLER ~j°' ~- Witness Witness Subscribed, sworn to and acknowledged before me by ~LSIE B.MILLER the Test tor, and witnesses, on this 16th day of February, 1996. otary Public, Commonwealth. cf Pennsylvania My commission expires /G ~ _°>i __ Janice E. Kr.~n~;.:, '~!eiary public ~eniCVl@W TWA,.. ~1'nFl: GrJUfiiY MY Contmi;sion Expires ~7cT. ~7, 1097 .iucrOYl Of ~,t.31'IC~ 4