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
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FRANCES T. COOMBS
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of East Pennsboro Township, Cumberland ~afinty,
Frances T. Coombs
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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.
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Page6of8
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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
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