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HomeMy WebLinkAbout09-16-09 (2)PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CI~MBERLAND COUNTY, PENNSYLVANIA Estate of FRANCES T. COOMBS File Number ~ f _ ~y®~~C/ l~iY `~ also known as FRANCES TENNEY COOMBS -~~ ,r ,Deceased Social Security Number ~ c %t~ ' ~~ ~ ~(o~ ROY E. COOMBS, JR. Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' OR 'B' BELOW:) ~X A. Probate and Grant of Letters Testamentary and aver that Petitioner(sj is /;e~ the EXECUTOR named in the last Will of the Decedent dated 3 /~ 8 / 2008 ~L4~C2~p~{D~iCgak (State relevant circumstances, e.g., renuncintion, 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 (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente liter durante absentia; durante minoritate) (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. (List street address, town/city, township, county, state, zip code) Decedent, then 84 years of age, died on at _ 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: PENNSYLVANIA -, . 7011 $ ?, (p3, 6v V $ --- Wherefore, Petitioner(s) respectfully request(sl 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 -~ ~ . l,-cs-fl'~r~/ l 105 COUNTRY CLUB ROAD, CAMP HILL, PA 17011 County, Pennsylvania, with his /her last r-,,,-m Rw_n~ ~o» to t~ n~ Page 1 of 2 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.) Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF [:1rM~ERLAND 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 affum/ed and subscribed before m~.xhe 1~~ day of 2009 l i -„ ~~ ~ ~ Signature onal Representative RC~Y E. COOMBS, JR. Signature of Personal Representative For the Register Signature of Personal Representative File Number: (~-~'~/ ~~~~~ Estate of FRANCES T. COOMBS ,Deceased Social Security Number: ~~~ °~'~-~ S~ ~ Date of Death: 8 / 19 / 2009 AND NOW, -~ ~1iy1 ~~G c.-,' 2009 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IS DECREED that Letters TESTAMENTARY are hereby granted to ROY E. COOMBS~ JR. in the above estate and that the instrument(s) dated 3/28/2008 described in the Petition be admitted to probate and filed of record as the last Will ~Oth~[~s~ko~~ecedent. FEES 360.00 Letters ............................. $ Short Certificate(s) •••••••••••• $ 12.00 Renunciation(s) •••••••••••••••• $ Will $15.00 JCP •„• $ 10.00 Automation •..• $ 5.00 .... $ .... $ .... $ .... $ .... $ .... $ TOTAL ............................. $ 402.00 ister of Wills ~ . ~ ~ `` Attorney Signature: _ - Attorney Name: DASTID R. GETZ, ESQUIR Supreme Court I.D. No.: 34838 WIX, WENGER & WEIDNER Address: 508 NORTH SECOND STREET P.0. BOX 845 HARRISBURG, PA 17108-0845 Telephone: (717) 234-4182 Form RW-01 rev. 10.13.06 Page 2 of 2 LAST WILL AND TESTAMENT OF ~' ~ ~; ~-- ~, - _ ^?~ -~ ~~ ~=; FRANCES T. COOMBS -- ' -z ~~: ~ v~ `~ .~ez ` :~` ~ 7 ~~n -a _ ~ ~ :, _. { of East Pennsboro Township, Cumberland ~afinty, Frances T. Coombs I ~ ~~ -~. , , Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time previously made. Provision for Taxes ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my Estate or by any recipient of any property, shall be paid by my Executor out of the property passing under this Will that is not specifically devised or bequeathed as an expense and cost of administration of my Estate. My Executor shall have no duty or obligation to obtain reimbursement for any such tax paid by my Executor even though on proceeds of insurance or other property not passing under this Will. Dispositive Provisions ITEM II: I hereby give and bequeath the sum of Ten Thousand Dollars ($10,000.00) to my sister, Katherine T. Hoyt of Athens, Georgia, if she survives me; and ITEM III: I may have placed with this Will or otherwise made known to my Executor a separate writing giving certain items of personal property to certain individuals. It is my intention that such items shall pass to such individuals to be distributed by my Executor in accordance with such writing. In the absence of such Page 1 of 8 writing, or to the extent it is incomplete or ineffective, then all my property, real, personal, and mixed, shall be distributed in accordance with Items IV and V herein. ITEM IV: I give and bequeath all my household furniture and furnishings, automobiles, books, pictures, jewelry, china, linen, silverware, wearing apparel and all other like articles of household or personal use and adornment not previously disposed of to my husband, Roy E. Coombs, Jr., if he survives me, or if my husband does not survive me, to my children, per stirpes, to be distributed between them in as equal shares as practicable, as they may agree. If they are unable to agree, my Executor shall make such decision as to distribution. ITEM V: I give, devise and bequeath all of the rest, residue and remainder of my property, real, personal and mixed, to my husband, Roy E. Coombs, Jr., if he survives me, or, if he does not survive me, to my children, per stirpes, in equal shares. ITEM VI: If at the time of my death I am not survived by my husband, by any living issue, or by any of the beneficiaries named herein, or if all of the above-named beneficiaries should die before the complete distribution of assets from my estate, I direct my Executor to distribute all of my property, real, personal and mixed, not disposed of by the preceding portions of this Will, as follows: (i) fifty percent (50%) thereof to those persons who would receive my estate had i then died intestate, a resident of the Commonwealth of Pennsylvania; and (ii) fifty percent (50%) thereof to those persons who would receive the estate of my husband, Roy E. Coombs, Jr., if he had then died intestate, a resident of the Commonwealth of Pennsylvania. Provided, however, in the event that the operation of this section would result in a distribution to the Page 2 of 8 Commonwealth of Pennsylvania, such share shall not be distributed to the Commonwealth but shall be added to and distributed to the intestate heirs of the other. Appointment of Fiduciaries ITEM VII: I nominate, constitute and appoint my husband, Roy E. Coombs, Jr., to be my Executor. In the event of the death, resignation, refusal or inability of Roy E. Coombs, Jr., to serve as my Executor, I nominate, constitute and appoint my daughters, Martha C. Parvis and Cynthia C. Harbert, or the survivor of them, to serve as Co- Executors (herein collectively referred to as "Executor") in his place. ITEM VIII: If at any time any minor child or legally incompetent person shall be entitled to receive any assets hereunder, I hereby nominate, constitute and appoint my Executor to act as Guardian of the assets payable to such person. Said Guardian may receive and administer all assets authorized by law and shall have full authority to use such assets, both principal and income, in any manner said Guardian shall deem advisable for the best interest of such person, including college, university, post-graduate or other education, without securing court order. Said Guardian shall have all the rights and privileges as to the Guardianship and the assets thereof as are herein granted to my Executor as to my Estate and the assets therein. ITEM IX: My Executor and Guardian are specifically relieved from the duty or obligation of filing any bond or bonds. Page 3 of 8 Powers of Fiduciaries ITEM X: In the settlement of my Estate, my Executor shall possess, among others, the following powers to be executed for the best interest of the beneficiaries: (a) To sell either at public or private sale and upon such terms and conditions as my Executor may deem advantageous to my Estate, any or all real or personal estate or interest therein, whether owned by me severally or in conjunction with other persons or acquired after my death by my Executor, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings that may be necessary or desirable in carrying out any of the powers conferred upon my Executor in this Item X(a) or elsewhere in my Will. (b) To pay all costs, taxes, expenses and charges in connection with the administration of my Estate. My Executor shall pay expenses of my last illness and funeral expenses. (c) To distribute my Estate in kind or in money. If any assets are distributed in kind, they shall be distributed at their respective value(s) on the date(s) of their distribution. (d) To retain any investments I may have at my death so long as my Executor may deem it advisable to my Estate so to do. (e) To vary investments, when deemed desirable by my Executor and to invest in such bonds, stocks, notes, money markets, real estate mortgages or other securities or in such other property, real or personal, as my Executor shall deem wise, without being restricted tc so-called "legal investments." (f) To mortgage real estate and to make leases of real estate. (g) To borrow money from any party to pay indebtedness of mine or of my Estate, expenses of administration or inheritance, legacy, estate and other taxes. Page 4 of 8 (h) To vote any shares of stock that form a part of the Estate and to otherwise exercise all the powers incident to the ownership of such stock. (i) In the discretion of my Executor, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of the Estate. (j) To distribute my personal property directly to the Guardian of the person of any minor beneficiaries hereunder. (k) To elect such settlement options as deemed most appropriate by my Executor with respect to any pension, profit sharing or other retirement plan in which I am a participant. (I) To do all other acts that, in the judgment of my Executor, are necessary or desirable for the proper and advantageous management, investment and distribution of my Estate. Miscellaneous Provisions ITEM XI: I hereby exercise all powers of appointment that I may have at the time of my death in favor of my Executor, and all property subject to all such powers shall be included in my Estate. ITEM XII: As used in this Will, the terms "my child" or "my children" shall mean my daughters, Martha C. Parvis now or formerly of Newtown, Connecticut, and Cynthia C. Harbert, now or formerly of Hampden Township, Cumberland County, Pennsylvania. ITEM XIII: Any person who shall have died at the same time as me, or in a common disaster with me, or who shall fail to survive me by ninety (90) days, shall be deemed to have predeceased me. Page 5 of 8 IN WITNESS WHEREOF, I have set my hand and seal to this my Last Will and Testament, consisting of this page, the next two pages, and the preceding five pages this day of l`C1c~,CCh , 2008. Frances T. Coombs SIGNED, SEALED, PUBLISHED AND DECLARED by the above named Testator, Frances T. Coombs, as and for her Will, in the presence of us, who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses in attestation thereof. n .~ '~ Address ~t a ~~%~~ ~~-~ ~`~._ ~~ Address Address %J Page6of8 ~n,~? i~ 1 I~ P~ t ~a1 I ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN I, Frances T. Coombs, the Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn, c~i or affirmed and acknowledged before me by Frances T. Coombs, the Testator, this day of iMac'sr h , 2008. c'.~d ~. ~'.- v c? vvc..~ Frances T. Coombs, Testator Ohl Public Commission Expires: NOTARIAL SEAL Lisa M Sites, Notary Public City of Harrisburg, Dauphin County My counmi~ion axpiras April 28, 2009 Page7of8 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN _ We, Oct~t~c1 Cx.~, o~cxr, ~c.e., ~ , and ~ ~~ `~,i~,~,rr~.9-n ,the witnesses whose names ar signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute the instrument as her Last Will; that the Testator signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness, in the hearing and sight of the Testator, signed the Will as a witness; and that to the best of our knowledge, the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by i~~cicl Y~--• [~ ~~~c:¢.. ~ ~ c~cwr~ ,and ~~~n •i,~e, 4~ c~.U.~witnesses, this ~$ day of ~.a~,h , 2008. _ t Witness ~,~~ fitness ~ry Public Commission Expires: F:\dbw\W ills\Coombs\Frances - W ill.doc NOTAItIpL Lisa M Sites, Not~L City of ~'riaburg, Daupha~~ty My commission expires April 28, 2009 Page 8 of 8