HomeMy WebLinkAbout07-24-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF Cum b ~r~av-d COUNTY, PEi~1Iv SYLVANIA
~~-0~'-C.~C9~"7
Estate of ~Q~j ~, r ~ ~~~,-~~'~ ~~ File Number
also known as
Deceased Social Security Number Z~ I ~ ~p ~ ~_~
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(CO~LIPLETE 'A' or 'B' BELOYI':)
tc~. A. Probate and Grant of Letters Testamentary and aver that Petitioner(s)/i~s /are the _~UGil1 /7~, ~j1G /~ Warned in the
last Will of the Decedent dated ~ObtJ`.?/. ?ODD and codicil(s) dated }7tJA1J:~t ~~. ~DD~
- - ~
(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:_ _ n ~
c ,r, ,
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^ B. Grant of Letters of Administration _ ~~ ~ <~~ '
(/japplicable, enter: c.t.a.; d. b. n. c. t. a.; pendente lire; durarste absentia; durti ire r~~+toArJate) N - --
. `, ~
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spa>¢ss, any) and heirs;,` off -•
Administration, c. t. a, or d.b.n.c.t.a., eater date of Will in Section A above and complete list of heirs.) _'~r~'7 ~-t ~
Name noi,,,,,,,~~,:., .,--`~`--i -- s
(COMPLETElNALL CASES:) Attach additional sheets if necessary.
Decedent was don tiled at death in ~ ~ County Pe ns lvania wit his /her last princip ] resi nce at
(LLrt street rtddres:,, lotvn/cite, township, cowtl~~, state, p cor.'e)
Decedent, then c~/o ~ years of age, died on~j1/ /~3''~ at fy5.1~1"fUyr;,5 ~~~[_„l,~r~/~,~/~~~
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ ~ j {
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value orf real estate in Pennsylvania g ~'Z ~~j/~' ~-
situated as follows: ~-2~~N- ~'~1'~Z:~b-~~~j~~~'~ ----
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 Ty ed or rioted name and residence
1
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Form RVY-t)? rev. 10.13.06 Page I of 2
Oath of Personal Representative
CONI~IONWEALI'H OF PENNSYLVANIA
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COUNTY OF l _~irr- ~ r I~Ytrt.
"The Petitioner(s) above-varied s•:vear(s) or afnrm(s) that the statements in the foregoing Petition are five and ccn~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 the ~ day of
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Forth gister
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Signature ojPersonal Represenrntive - --~
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File Number: ~ ~ ~ ~~~ ^ ~~o~
Estate of ~D,~je..°/^ ~~~U OT-~ __, Deceased
Social Security Number: ~°~~- l~ -~~~L~ Date of Death:~y~~
AND NOW, `~'~ f - f
having been presented before me,
are hereby granted to
and that Che instrument(s) dated _
described in the Petition be admit
m co siderahon f the foregoing Pehtic.n, sags actory ptoo
IS C ED at Letters Te~~
in the above estate
_112-- a- I' _~- ~ t l - ~~-------------------- - -
:ed to probate and filed of record as the last Will (and Codicil(s)) of Decedent. ~r1 /~
n o n i ~ ~: ~~._ _ L 1/
FEES
Letters ............... $
Short Certificate(s) ........ $
Renwlciation(s) .......... $ ~•
... $
... $
... $
... $
... $
... $
... $
TOTAL .............. $ ~~~~
of
Attorney Signature:
Attorney Name:
Supreme Court I.D. No.: '~~.7~~
Address:
Telephone:
I-2,rm R6V-(1? rev. !0.13.0( Page 2 of 2
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photogr~lph.
Fee for this certificate, $6.00
P 15609215
This is to certify that the information here given is
correctly copied 1-rom an original Certificate of Death
duly filed with ml~ as Local Registrar. The original
certificate will be forwarded to the State Vital
Records Office for permanent filing.
L~e. ~~~e~.~.c~-~,- ~D~rt~~c' ,~(~}/ i 3/2009
Local Registrar Date Issued
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Certification Number
ilos./a REV ltrzao6
TYPE / PRIM IN
PERMANFM
BLACK INN X32-057
COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CORONER'S CERTIFICATE OF DEATH
(See Inetructlona and examples on reverse) STgLE FILE NUMBER
1. Name a Derodent (Rrsl, nadde, last, su6a) 2. Sex 3. Social 3ewdry Nanner 4. Date d Daam (Halm, day, year)
Robert G Murtoff Male 201 -16 -5973 July 5, 2009
5. Age (lmt Badearl Untler 1 l1Ma 1 day 8. Dale d BIM (MOnm, ) 7. BlMplma ( end state a } 8a. Plecs d Deem (Check only ale)
86 wroe deYe H,un MrwW Hoepihl: Omer.
Sep. 6, 1922 Carlisle
PA
,
Yrs
^Inpetlem ^ERIOulpetlenl ^DOA ^NUrsing Hans Reakbnce ^plter-Seedy:
• 80. Carty a Deem Bc. Ciry, 7wp. Deem Bd. Fadery Name (II nd iutllufiorl, giro prep end nlnlner) 9. Wee Decedent d Hlepenk Origm? ~ No ^ Yes 10. Rocs: Pmericen kx7ian, aleck, White, etc.
(If yea, apedry Cuhen, (Speraly)
Cumberland Lower Frankford 1522 McClures Gap Road Meldcarl,PuenoRican,elc) White
11. DscsdeM's Usud IGq d work d au moo d lire. Do rut fLla rot 12. Vles Decoded ever in ma 13. DecedenYe Edueatlon (Spsdty ony hghen grede camp htedj id. Merihl Brelu6: Married, Never McMed, 18. Surviving Spo use pf wile, gNe maiden name)
Kktl a WPrk Khtl d Buakues / Irgwby U.S. Armed Facea7 Elementary /Secondary (D-12) Cdlege (1-4 Pr 5+) wroo~• ~0~ (SDedM
E uio. S eciali t Govt. ~Y~ ^No 11 rs i
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18. i7eredsd'b Metlkg Address ISUen, dlY /tam. auh, s4 Dods) ~
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1 522 McClures Gap Road m
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Residence i7a. dale P a _
77G CAYaa. Decedent Uved'n I+G]Id22' F r d_1C f and rwP~
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nd ^ No Dawdenturedwnikn
1n.caanry Cumberland
Carlisle
Aaun limi6 a
aryreoro
18. Femefs Nmne (Peal, nadde, lest suffix) 1B. Momn's Name (First, netlAe, maklen sumeme)
20a. Irdmred's Name (rye. l Prkn) 20b, mmrmenYS Md9rg Addreea (Sheet, exv /tam. ehh. xIP Dods)
Lucien R. Enck
27 e. Memod a Dlapcedion I ®Cnmatbn ^ DarMhPll 21 D. Dare a Dlapoehan (Noah. der, Year! 21c. Place d Olepondm (Name d CMtlnel'/, cmmatay a dYmr place) lid. Locetldn (City /town. pare, 8P code)
^ ~"~ ^ RemPwhans.re wLaW .I~Elramrw~rmmer res^NP
^ ~•r• Jul 11 2009 Hollin er FH Cremator Inc.
4 ~ Y Mt.Holl S s.Pa.17065
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a Furern Servipre ( ng as s 22b. Ucense Nlmber 71c. Noma eM Adereee d Faddy 5 01 N . Ba 1 t i more Ave .
F - llin er FH Cremator Inc. 11 S rip s Pa. 17065
e Ihrru 23et any whin certlrymA 23a. To a my krgwbdge, deem maned at m• tlme, doh eM place ehhd. (Sigrewre and mhl 23b. Ucenee Number 23c. Dare sigred (MOnm, tley, yaerl
h rql aveiabb et Tare a deem b
ca,+ry mama a deem.
w Ikxre 2426 man be mopped by Pereo^
' 20. Tkna d Deem Ap rx . zs. Doh Pralounwd Dead (MPMn, mY, rear)
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CAUSE OF DEAIN (Sae MaMUClbna and examples) I Appommaae haerva: Pan II: Enter ama 28. DN Tobacco llw Catbldde Po Deem?
Ihm 27. Pell I: Eller tle dylDgpmpg- deMaes, inJurhs, a oanparatlare -mn directly waved tlu O~m. DO N0T solar terrrJnel evaas such u rardrec erteek r pun h Deem ba na rewpng m ma uMedYln9 awe given m Pan I. ^ Yea ^ Prowdy
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"vaOadePi"r'°c°"'~°"°" 31. Manner of Deem 32a. Dare a Injury (Mmm, day. Year( 326. Deecr6e How Inlrcy Oceared 32c. Pace a InIury: Hare, Farm, Sheet, Factory,
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^ Yea No ^ McClures Gap Rd. , Carlisle, PA
. Omer- Spedry:
33a. CsrtiFn (duck ody ax) 336. Signelae art Title of
• CertMyhtp phy.iwn (Phyachn certllytp nave d seam wnen emtlur phyakan pas pmrewKeO seam arE anpbred Ihm 23) Coroner
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IM mr buY a rrxamYUtlgn end / a InwMigstlon. m my opYdon, deem occurN n m, tens, asee, sod place, mxl due h dls ease(s) art manner n ateniL ~ ,
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34. tMne and Adtlress a P•rem WM Comphted Ceuee d Deem (lam 27) Type I Pdnl
3s. Regsbpr'a am
36 Dne Ftlee (Haan. wy, year) Michael L. Norris, Coroner
6375 Basehore Road Suite X61
~ ~ Mechanicsbur PA X7050
Disposition Pem,t No. .. ~c17Q ~ !1V I7
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I Robert G. Murtoff of Lower Frankford Townshi Cumberland Count 'r=~+`'
P~ y~ r>c_ ~ ='
Pennsylvania, declare this to be my last will and revoke any will previously mad~~'y me. ~~`•' ~
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Item One: I direct that all my debts and funeral expenses including my gravemarker
shall be paid from my residuary estate as soon as practicable after my decease as a part of
the expense of the administration of my estate.
Item Two: I give, devise, and bequeath my entire estate to my wife Rose M. Murtoff,
if she survives me by 60 days. In the event that she predeceases me or is not then living
on the 51st day after my death, then I give, devise, and bequeath my entire estate to my
children Lucian R. Enck, 217 Forge Read, Boiling Springs, PA, 17007 and Jennifer L.
McAlister, 349 Kerrsville Road, Carlisle, PA, 17013, equally, share and share alike, per
stirpes..
Item Three: I appoint my children Lucian R. Enck and Jennifer L. McAlister
Executrices, or the survivor as Executrix, of this my last will, with the same rights,
powers, and duties.
Item Four: Iappoint my children Lucian R. Enck and Jennifer L. McAlister or the
survivor thereof as Guardians/ Trustees of any property which passes to any person under
the age of 21 years and with respect to~which I am authorized to appoint a
Guardian/Trustee and Have not otherwise specifically done so, with the same rights,
powers, and duties. Guardian shall establish separate guardianship accounts and shall
have the power to use income from time to time for the beneficiary's education, including
technical and vocational training and graduate school, travel, support, and welfare
without regard to his or her parents' ability to provide for such education, travel, support,
and welfare, or to make payment for these purposes, without further responsibility, to the
beneficiary or to the beneficiary's parents or to any person taking care of the beneficiary.
Guardian shall administer the account until the beneficiary becomes 18 years of age, at
which time the Guardian shall transfer the principal and income remaining in the separate
guardianship account to my Trustee, being the same person as my designated Guardian,
who shall then administer a trust account, of both principal and income and any other
funds transferred to the accounts designated, for the beneficiary's education, including
technical and vocational training and graduate school, travel, support, health, and welfare.
When the guardianship or trust account is less than $5,000.00 or the beneficiary of the
separate trust becomes 21 years of age, the share of the beneficiary remaining in the
account shall be~ paid to the beneficiary in full and the guardianship or trust terminated.
In the event of the death of any beneficiary after my decease and prior to reaching the age
of 21 years, his or her share shall be distributed equally among his or her children,
equally: otherwise to my surviving children or child, per stirpes, to be administered in
accordance with the guardianship~and/or trust provisions. No interest under this
instrument shall be transferable or assignable by any beneficiary, or be subject during its
life to the claims of creditors. Guardian and Trustee shall not be required to file
accountings with any court. In the event that any provision of this will shall be
interpreted to violate the Rule Against Perpetuities, then the remaining provisions of this
will shall not be invalid. Trustee shall administer the trust and dispose of assets so as not
to violate the rule, making distribution as required to a life or lives in being plus 21 years.
Item Five: All estate, inheritance, succession, and other taxes, imposed or payable by
reason of my death, and interest and penalties thereon, with respect to all property
comprising my gross estate for tax purposes, whether or not such property passes under
this will, shall be paid out of the principal of my residuary estate, without apportionment
or right of reimbursement. In the event that a substantial portion, as determined in the sole
and absolute judgment and discretion of my Executor, of the non-probate assets such as an
annuity or mutual funds are directed to be paid to a beneficiary or beneficiaries, so that the
taxes referred to herein would be paid out of the probate residue passing to the beneficiary
or beneficiaries of this will (whether or not the same as the beneficiary or beneficiaries
under the non-probate assets), my Executrix, in the Executrix's sole and absolute judgment
and discretion, shall direct or have the right to allocate the full or partial payment of the
taxes to the beneficituy or renefciaries of the noneproba~e assets.
Item Six: I direct that my personal representative or guardian shall not be required to
give bond for the faithful performance of their duties in any jurisdiction.
Item Seven: In addition to the rights and powers given to the fiduciaries by law or
elsewhere in this will, I give to my Executrix during the full time necessary for the
administration of my estate the following rights and powers to be exercised in her sole
discretion.
A. To retain any real or personal property which may at any time form a part of my
estate so long as he or she deems it advisable.
B. To invest in any real or personal property without restrictions as to legal
investments.
C. To repair, alter, improve or lease for any period of time any real or personal
property and to give options for leases.
D. To sell at public or private sale, for cash or credit, with or without security, to
exchange or to partition, to mortgage or pledge real or personal property, and to
give options for leases.
E. To make distribution in kind.
F. To compromise claims.
IN WITNESS WHEREOF, I have hereunto set my hand this ~ ~
2004.
Signed
day of October,
obert G. Murtoff
The preceding instrument, consisting of this and two other typewritten pages each identified
by the signature of the Testator was on the day and date thereof signed, published and
declared by the Testator therein named as and for his last will, in the presence of us, who at
his request, in his presence and in the presence of each o er e subscri ed ou ames.
-~f~
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
We, John H. Broujos and Melissa S. Kiner, witnesses whose names are signed to the
attached ol• foregoing illstniirlent being eiuly qualified according ±o la~v, do depose and say
that we were present and saw the Testator sign and execute the instrument as his last will;
that he signed willingly and executed it as his free and voluntary act for the purposes therein
expressed; that each of us in the hearing and sight of the Testator signed the will as
witnesses; and that to the best of our knowledge, the Testator was at the time 18 or more
years of age, of sound mind and. under no constraint o
Sworn and subscribed to before
met 's day of O tober, 2004.
~~ ~ ~r ~,
N TARY PUBLIC
Notarial Seal
Bridget Ann Corcoran, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires June I0, 2006
Member. PennsYi~~ania Association of Notaries
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss
I, Robert G. Murtoff, whose name is signed to the attached document, having been duly
qualified according to law, do hereby acknowledge that I signed and executed the
instrument as my last will; that I signed it as my free and voluntary act for the purposes
therein expressed.
4
~ '' ~~-
Robert G. Murtoff, Testatrix
Sworn and affirmed to and acknowledged
before me this ~ (~-`' day of October, 2004.
~~ ~ Notarial Seal
L-~ ~~~i Bridget Ann Corcoran, Notary Public
Carlisle Boro, Cumberland County
NOT RY PUBLIC My Commission Expires June 1Q 2006
r~rember F'Pnr~~v~vaniaASSOCiationo[Notaries
Cod ici I r::~;
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I, Robert G. Murtoff, of Lower Frankford Township, Cumberland Coun~` ; ~~., ..~
Pennsylvania, having made my last will and testament dated October 21, iib --
hereby make, publish, and declare this to be a Codicil to my said last will a, ':~'
testament. ~ s .~-
ITEM ONE: I amend my will to delete Item Two of the will thereof and to substitute
therefore the following:
"ITEM TWO:
A. I give and bequeath to my son-in-law Arthur V. Enck Jr. 217 Forge
Road, Boiling Springs, PA 17007, my John Deere tractor, plow, mower, and
accessories with the condition that he pay the balance of the cost of the tractor.
B. I give, devise, and bequeath the remainder of my entire estate to
my children Lucian R. Enck, 217 Forge Road, Boiling Springs, PA, 17007 and
Jennifer L. McAlister, 349 Kerrsville Road, Carlisle, PA, 17013, equally, share and
share alike, per stirpes."
ITEM TWO: I hereby ratify and confirm my said last will and testament in all other
respects excepting insofar as any part thereof is revoked or modified by this Codicil.
IN WITNESS WHEREOF, I have hereunto set my hand this /_ day of August,
2008.
Robej-t G. Mur~cff `r
The preceding Codicil, consisting of two typewritten pages, was on the day and date
thereof signed, published and declared by Robert G. Murtoff as a Codicil to his last
will and testament, and we, in the presence of each other.,, have subscribed our names
as witnesses hereto.
~CL~
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RENUNCIATION -
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REGISTER OF WILLS
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CUMBERLAND COUNTY, PENNSYLVANIA
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Estate of ROBERT G. MURTOFF, Deceased
I, .IENNIFER L. McALISTER, in my capacity/relationship ac da~,g>,ter_~f th_e ahwe
Decedent, hereby renounce the right to administer the Estate of the Decedent, which does not
affect my benefits, and respectfully request that Letters be issued to LUCIAN R. ENCK.
v
(Date)
STATE OF NEW YORK
COUNTY OF `j1,~(-FCC 1 ~(..
.-.
JE IFER L. Mc IS ER
28 Richardson Avenue
East Hampton, NY 1193 7-1240
SS
On this, the ~`~
__L _ day of ,(,(~ , 2009 before me a Notary Public, the
undersigned officer, personally appeare JENNIFER L. McALISTER, known to me (or
satisfactorily proven) to be the persons whose name is subscribed to the within instrument, and
acknowledged that she executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
CHRIBTiNE FROMM
NOt~ry Public, Stats of Naw ~xlt /~
No, 01FR6187273 K.,~,L,2.~,'
Qt~aNfied M 8tdfolk
~~~ ~~ ~r~z Notary Public
For~rtRif"-06 rer.l0.1.06