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HomeMy WebLinkAbout07-22-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF COUNTY, PENNSYLVANIA Estate of G L R'A ~ ~ ~, ~ ~/~_ File Number ~'I - V -f ~~ also known as Deceased Social Security Number ~~ ~ -" yQ .- ~ ~ Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) ^ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the ~--.11tt~~ ~ ~O~ L~Snarned in the last Will of the Decedent dated ~~-, q ~~"~ and codicil(s) dated 1 (State relevant circwnstances, 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 (!~ applicable, enter: c.t.a.; d. b. n. c. t. a.; pendente life; durance absentia; durance ntiitoritate) 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. ord.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ~~ Decedent, then Cca b years of age, died on O aQ 4 at ~ T~" ~ . Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania situated as follows: ~~~ ~. `'~ t S~' $_ 1S'ap , ~ $ 140 ©©O . ©O POD : \~`l ~ 1 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 ~ . C~s-C yped or printed name and residence I Form R6V-03 rev. 10.13.06 Page 1 of 2 =~ (COMPLETE INALL CASES:) Attach additional sfieets if i:ecessary. ~ ~'~ `'~ ~` ~ ' ~ r Decedent was domiciled at death in ~ ~ -"' '"~` -`-r=i County, Pennsylv is wit his /her last principa~si~ence at ~-~ :. a. ":,~ (List sd•eet address, town/city, township, county, state, zip code) ~ Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF 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 before me the ~ day of ,LPL c~u ~ For the Register ----- - Signature of Personal Representative Jignature ojPersonal Representative Signature of Personal Representative tv ~ ~ /`~~'r~fr C"" .7" ~ ! , 1 ., .> C,l'3 ~ N r..~ t,..,1 .,--.. ~. ~ v ~ ~ ~ File Number: ~ f " ~~ ` ~~O ~ $ ~~ ~ -- v --~ .: ~ ~ Estate of ~o (JL~ n~ ~,C_ ,Deceased N v Social Sec rity Number:. ~ ~ S - t-{p • S ~ ~ ~ ~ Date of Death: 2 ~ - ~9 .~.., dt -.,..,_ ; ~~ ~ ~ r. ; -~~ ~'..~ -.,~ ` 1 ;~_.. AND NOW, ~ C7(j , in consideration of the foregoing Petition, satisfactory proof having been presented ore IT IS DECREED that Letters are hereby granted to I ~p~ in the above estate and that the instrument(s) dated described in the Petition be admitted to probate and filed of record the last Will (a d o icil(s)) of Deced t. ~~ FEES ~ al ~,~r,~_ ~ Awn.. ,. ~~.~~)r,,, _~~,. Letters ............... $ 'z,~.DO •~ Short Certificate(s) ........ $ 2 O • cx~ Renunciation(s) .......... $ J~P ... $ 1b,1~ ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $~1 U ~ V~ Register Attorney Signature: Attorney Name: Supreme Court I.D. No.: Address: Telephone: ,~ Furni RW-0? rev. 1U.13.U< Page 2 of 2 LAST WILL AND TESTAMENT OF GERALD PATRICK NYE Dated: April , 2009 c N '° d t ' ~, Prepared by: T ~~~ ~ ~ ~ „ ' ~~Vr `~~ - rv , ; ;~ John P. Mitcham, Esq. ~ ~ ~ ' Bldg 201 Custer Road ~+ ~ ~'' ...._ ';: . ~ .' ~ , Fort Myer, VA 22211 -~' , , '~-'f ~~ -4. 703 696-0761 LAST WILL AND TESTAMENT OF GERALD PATRICK NYE I, GERALD PATRICK NYE, a resident of the Commonwealth of Pennsylvania, make, publish and declare this to be my Last Will and Testament, revoking all wills and codicils at any time heretofore made by me. FIRST: I direct that the expenses of my last illness and funeral, the expenses of the administration of my estate, and all estate, inheritance and similar taxes payable with respect to property included in my estate, whether or not passing under this will, and any interest or penalties thereon, shall be paid out of my residuary estate, without apportionment and with no right of reimbursement from any recipient of any such property. I may leave a letter of intent with the executed copy of this Will for the purpose of giving guidance to my executor concerning the distribution or sale of certain items of my property. I request, but do not require, that my executor honor my wishes therein expressed. SECOND: I give all the rest, residue and remainder of my property and estate, both real and personal, of whatever kind and wherever located, that I own or to which I shall be in any manner entitled at the time of my death (collectively referred to as my "residuary estate"), as follows: (a) To those of my children LAUREN REBECCA NYE and JOCELYN ALEXIS NYE who survive me and to the issue who survive me of those of my children who shall not survive me, per stirpes. (b) If no issue of mine survives me, I give my residuary estate to those who would take from me as if I were then to die without a will, unmarried and the absolute owner of my residuary estate, and a resident of the Commonwealth of Pennsylvania. THIRD: If any property of my estate vests in absolute ownership in a minor or incompetent, my Executor, at any time and without court authorization, may: distribute the whole or any part of such property to the beneficiary; or use the whole or any part for the health, education, maintenance and support of the beneficiary; or distribute the whole or any part to a guardian, committee or other legal representative of the beneficiary, or to a custodian for the beneficiary under any gifts to minors or transfers to minors act, or to the person or persons with whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed by the person to whom the distribution is made shall be a full discharge of my Executor from any liability with respect thereto, even though my Executor may be such person. If such beneficiary is a minor, my Executor may defer the distribution of the whole or any part of such property until the beneficiary attains the age of twenty-one (21) years, and may hold the same as a separate fund for the beneficiary with all of the powers described in Article FIFTH hereof. If the beneficiary dies before attaining said age, any balance shall be paid and distributed to the estate of the beneficiary. FOURTH: I appoint LINDA NYE TOOLES to be my Executor. If LINDA NYE TOOLES shall fail to qualify for any reason as my Executor, or having qualified shall die, resign or cease to act for any reason as my Executor, I appoint LESLIE BEATTY NYE as my Executor. I direct that no Executor shall be required to file or furnish any bond, surety or other security in any jurisdiction. FIFTH: I grant to my Executor all powers conferred on executors under the Pennsylvania Probate, Estates and Fiduciaries Code, as amended, or any successor thereto, and all powers conferred upon executors wherever my Executor may act. I also grant to my Executor power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and otherwise deal with any kind of property, real or personal, for cash or on credit; to borrow money and encumber or pledge any property to secure loans; to hold property in bearer form or in the name of a nominee; to pay any legacy or distribute, divide or partition property in cash or in kind, or partly in kind, and to allocate different kinds of property, disproportionate amounts of property and undivided interests in property among any parts, funds or shares; to determine the fair valuation of property, with or without regard to tax basis; to exercise all powers of an abso- lute owner of property; to incorporate any business and form limited liability companies and hold any interests in corporations and limited liability companies; to vote stock or securities, in person or by proxy; to exercise subscription and conversion rights, and to participate or refuse to participate in any reorganization, recapitalization, merger, consolidation, liquidation, dissolution or other action with respect to any corporation; to transfer any business or property to a partnership and to be a general or limited partner; to compromise and release claims with or without consideration; to execute and deliver instruments, including releases; and to employ attorneys, accountants and other persons for services or advice. My Executor shall have the authority to determine what property shall receive basis increases pursuant to Section 1022(b) and (c) of the Internal Revenue Code and the amount of such increases and to make such determinations without regard to any duty of impartiality as between different .beneficiaries. I suggest, but do not direct, that the step-up in basis be allocated to assets with readily ascertainable fair market value and that the benefit of the step-up in basis be equitably adjusted among the beneficiaries of my estate. The term "Executor" wherever used herein shall mean the executors, executor, executrix or administrator in office from time to time. The term "Executor" wherever used herein shall mean the trustees or trustee in office from time to time. Each Executor and Trustee shall have the same rights, powers, duties, authority and privileges, whether or not discretionary, as if originally appointed hereunder. 2 SIXTH: I direct that for purposes of this will a beneficiary shall be deemed to predecease me unless such beneficiary survives me by more than thirty days. IN WITNESS WHEREOF, I, GERALD PATRICK NYE, sign my name and publish and declare this instrument as my last will and testament this ~ day of April, 2009. ~.~,0 ~.t~ ~'1 GERALD PATRICK N The foregoing instrument was signed, published and declared by GERALD PATRICK NYE, the above-named Testator, to be his last will and testament in our presence, all being present at the same time, and we, at his request and in his presence and in the presence of each other, have subscribed our names as witnesses on the date above written. having an address at ~ll7~i~c'~.~ ~l.z .s',,.~ i~ifl~f~~~~ ~~~~~.~~ having an address at ~/D `~/~ /~~ C. ~I71 r7 ~~~,~~ 2 Zv 3L. 3 ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF VIRGINIA, COUNTY OF ARLINGTON, SS We, the Testator and the witnesses, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator, GERALD PATRICK NYE, signed and executed said instrument as his last will and testament in the presence and hearing of the witnesses, and that he stated that said instrument was his last will and testament, and that he had signed willingly, and that he executed it as his free and voluntary act and deed for the purposes therein expressed, and that each of the witnesses at the request of the Testator, in the presence and hearing of the Testator and each other, signed the will as witness, and that to the best of his or her knowledge the Testator was at the time at least eighteen years of age or emancipated, of sound mind and under no constraint, duress, fraud or undue influence. GERALD PATRICK NYE Testator ~ ~,~ - print: ~~l..s'' U~~~1~ . Witness ~. , print: ~~60~~~ ~ ~.<<~~~~/sv~ Witness Subscribed, sworn to and acknowledged PATRICK NY estator, and subscribed witnesses, this ay of April, 2009. before. me by the said GERALD above-named ~~ ~GY~AgN~: ~P' ~NOtARY ~ • '~ PU81.IC ~~'~. • REG # 170470 `'• 'i, ~iYCO~.'~,11SSION .`~t~- ~~ ~ ~R~RES ~ '' ~~'.'' &3042009 .•~G ~~ ~~~, ~,~~ ~ ,~