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Home My WebLink About07-08-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of James P. Burgess Jr. File Number 21-09- ~ 2 also known as ,Deceased Social Security Number 048-09-2780 James P. Burgess III Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE `A' or `B' BELOW ) QX 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 09/09/2003 and codicil(s) dated State relevant circumstances, e.g., renunciatan, 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 ap rca e, en er. c..a.; ..n.c..a.; n e e; uran e a sen ~a; uran a mino 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 Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) f~ ~ ~ C r~, ..mac ~~ Name Relationship Residence ~ r~~~~': ~;::~> ~c~- ~ :~° Y~.:~~ t... .. ~,p_ .~ 4.. ..~ (COMPLETE /N ALL CASES:) Attach additional sheets if necessary. ~ Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 824 Lisburn Rd., Apt. 513, Camp Hill, Lower Allen Township, Cumberland, PA 17011 (List street address, town/city, township, county, state, zip code) Decedent, then 89 years of age, died on 06/25/2009 Decedent at death owned property with estimated values as follows: (If domiciled in PA) (If not domiciled in PA) (If not domiciled in PA) Value of real estate in Pennsylvania situated as follows: at Holy Spirit Hospital, Camp Hill, PA All personal property $ Personal property in Pennsylvania $ Personal property in County $ 700,000.00 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: Signature Typed or printed name and residence J~--T,~ James P. Burgess III 11700 Dinwiddie Drive ~L~ Rockville, MD 20852 Fom- RW-OZ Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 . ~ s 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. Sworn to or affirmed and subscribed Q~'~ before me this U day of ,o?do For the Register X James P. Burgess III Signature of Personal Representative Signature of Personal Representative File Number: 21-09- (~(~ ,2~ Estate of James P. Burgess Jr. Deceased Social Security Number: 048-09-2780 Date of Death: 06/25/2009 AND NOW, ~ , in consideration of the foregoing Petition, satisfactory proof having been presented before , IT IS DECREED that Letters Testamentary are hereby granted to James P. Burgess III in the above estate and that the instrument(s) dated 09/09/2003 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ............................................ $ ~~7 ~ ~ •~ Short Certificate(s) ........................ $ i ~ • tJ0 Renunciation(s) ............................. $ MCP $ [~.~ TOTAL .................................... $ ~ l~ O • ~ U A Supreme Court I.D. No.: 29078 The Wiley Group, PC Address: 130 W. Church Street Dillsburg, PA 17019 Telephone: 717-432-9666 Fom- RW-02 Rev. 10-13-2006 Copyright (c) 2006 forth software only The Lackner Group, Inc. Page 2 of 2 Attorney Name: David J. Lenox WILL OF JAMES P. BURGESS, JR. I, JAMES P. BURGESS, JR., currently of Cumberland County, Pennsylvania, declare this to be my Last Will and Testament, hereby revoking any and all prior Wills and Codicils made by me. I. I direct that all my just debts and funeral expenses be paid from the assets of my estate as soon as practicable after my demise. II. I direct that all estate and inheritance taxes that may be assessed in consequence of my death, shall be paid out of the principal of my general estate to the same effect as if said taxes were expenses of administration and all property includable in my taxable estate whether or not passing under this Will shall be free and clear thereof. III. All the rest, residue and remainder of my estate, of whatever nature and wherever situate, including property over which I hold a power of appointment, I devise and bequeath as follows: A. ~ Twenty-six percent (26%) unto my son, James P. Burgess, III. If he predeceases me, this bequest shall pass to his surviving spouse, or his issue per stirpes, if his spouse does not survive him. B. Twenty-six percent (26%) unto my daughter, Susan E. Whittier. If she predeceases me, this bequest shall pass to her surviving spouse, or her issue per stirpes, if her, spouse does not survive her. C. Forty-eight percent (48%) to be divided among my following grandchildren who survive me: Scott J. Whittier, Lena R. Kemble and Ruth E. Burgess. IV. I appoint my son, James P. Burgess, III, Executor of this my Will. In the event that he fails to qualify or ceases to act as Executor, I appoint my daughter, Susan E. Whittier, Executrix in his place. dd '~~ ~~~I~°€~~~~`i~~ l~f ~~~ ~,N'dr~r~~0 ~~ ~~3~ £~ ~011~ ~~ e + s~^~ ~ t 1 ~ ~. F.,,~ ""~~..3 ~a~~~ ~ 1 +~~, ~.ti..~a V. I direct that no bond be required of my fiduciary for the faithful performance of his or her duties in any jurisdiction. IN WITNESS WHEREOF, I, JAMES P. BURGESS, JR., herewith set my hand to this my Last Will, typewritten on two (2) sheets of paper including the attestation clause and signatures of witnesses, this ~ Y`~ day of September, 2003. '~-c~n'~' ~ Y~-~'~~~~ (SEAL) MES P. BURGESS, JR. Signed by JAMES P. BURGESS, JR., by him declared to be his Will in our presence, who have hereunto subscribed our names as witnesses in his presence and at his request, this ~j ~ day of September, 2003. , ~~ :.-. residing at ~~;g.a,r,~ %~,~ti residing at r -2- COMMONWEALTH OF PENNSYLVANIA COUNTY OF I.E~I~B P`! WE, JAMES P. BURGESS, JR., GERALD J. BRINSER and .S~f~~ ~ !-•~tf~TT ~:-L the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly affirmed, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his Last Will and that he signed willingly (or willingly directed another to sign for him), and that he executed it as his free and voluntary act for the purposes 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 of our knowledge the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ~ - . ,~t, . J ES P. BURGESS, JR. ~~~,, WITNESS ~~.. r~ . Y/~. WITNESS Subscribed, sworn or affirmed and acknowledged before me by JAMES P. BURGESS, JR., the testator, GERALD J. BRINSER and s~~-~ ~ ~- ~- ~' ~ '"' ~ '~ witnesses, this 9~ day of September, 2003. 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