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Home My WebLink About09-23-09 (2)PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Emily F. Irving also known as COUNTY, PENNSYLVANIA File Number 2 i - Z oo ~- o ~~ ~ Deceased Social Security Number 180-10-3790 Susan 1. Aigeldinger and Manufacturers and Traders Trust Company, successor to Dauphin Deposit Bank Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE A' or 'B' BELOW.•) 0/ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executors last Wil] of the Decedent dated July 29, 1998 and codicil(s) dated N/A (State relevant cu•cumstances, e.g., renunciation, death of execuia} etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and .vas never adjudicated an incapacitated person: Q B. Grant of Letters of Administration (IJapplicable, enter. c. t. a.; d.b.n.c.t.a.; pendente liter durante absentia; durante minaritate) Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spous~f any) and his: (If .9dmrnisu-ation, c. t. n. ord. b. n. c. t. a., enter dote of Wil! in Section A above and complete list of heirs.) ~Q ~ Name Residence '"C" _-; R- --`!">-_ ,_ ) ~~~ - - : ,..1 l f ~~ . - , __ i (COMPLE'T'E ITJALL CASES:) Attach ad"d'iti~,al she is ' e s r . :,~ i ~ - "l"t LdWCCC, IG1~~VUmberland - q Decedent was domiciled at death in "~"-" n""""~ County, Pennsylvania with his /her last principal residence at CJ7 32~ Wesley Drive, >,T°^'-•°^~^°'~•~-° n ---..~`•, Cumberland County, PA 17055 (L isi stre et address, tow~O~ ~ s~hip~our~ry•,~s jc~e, =iU Fp41e) GL~:Iv ~ l Wj's tcaG~~R RGt.~N `t't,P. Decedetni, then 92 years of age, died on August 31, 2009 at Bethany Village, h, Cumberland Co Decedent 8t dehth owned property with estitnated values as follows: ~sl 000 ~ O (If domiciled in PA) All persona] property $ --1-999x999-99- (Ifnot 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: None Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and they grant of Letters in the appropriate form to the undersigned: Si nature T ed or rioted name and residence ` J~ ~ Susan I. Aigeldinger, 1447 Lutztown Road, Boiling Springs, PA 17007 j -- -~_. Manufacturers and Traders Trust Company, successor to Dauphin Deposit Bank, ~ , ~ by: Anna M. Lamond, VP, 21 East Market Street, York, PA 17401 named in the Form RN'-02 rev. 10.13.06 Page 1 Of 2 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 GY~ before me the, ~~ day of ~~ ~ ~~ G ; ~~. l ~ For the Register Signaha•e oJPersonal Representative File Number: ~ ~ ZUO`~ ~ 0 Estate of Emily F. Irving ,Deceased Social Security Number: 180-10-3790 Date of Death: August 31, 2009 AND NOW, -~li 5 23~~ G~Gu~ ct ,~i'p-kmber ~~~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, I'~ IS DECREED that Letters Testamentary are hereby granted to Susan I. Aigeldinger and Manufacturers and Traders Trust Company, successor to Dauphin Deposit Bank, bq--frrttra~~S-' Lamori ic, V13- in ±he above estate and that the instrument(s) dated July 29, 1998 - described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent FEES Letters ........... ()-OCR .... $ Shgrt Certificate(s) . ....... $ Z ~ U Renunciation(s) ... ....... $ ~~ r-~~ ... $ ~a-~e ... $ ... $ ... $ ... $ ... $ ... $ ... $ TOTAL ....... ....... $ I ~ `1-~D ~-a:ee- Farm RN%02 ren. 10.13.06 Register of Wills Attorney Signature: Attorney Name: omas . Shorb Supreme Court I.D. No.: 25639 Address: Susquehanna Commerce Center East 221 West Philadelphia Street, Suite 600 York, PA 17401-2994 ?,~~' U Telephone: 717-846-9800 Page 2 of 2 LAST WILL AND TESTAMENT I, EMILY F. IRVING, of Spring Garden Township, York County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make and publish this my Last Will and Testament, hereby revoking and making void any and all former Wills by me at any time heretofore made. ITEM I. I direct that all my just debts and funeral expenses shall be first paid by my hereinafter named Executor. ITEM II. I give, devise and bequeath all of my property, real, personal and mixed, to such of my children, namely, Jane Nolley, Susan I. Aigeldinger and Frank M. Irving, III, as shall survive me and to the descendants of such of my said children as shall predecease me. ITEM III. In the event any property passes to ar vests in a beneficiary under ~: ~_ r y twenty-one (21) years of age by reason of my death, whether under the terms of this Will, or otherwise, having an aggregate value in excess of Fifty Thousand ($50,000) Dollars, then appoint Dauphin Deposit Bank and Trust Company to be Trustee of the estate of any beneficiary under twenty-one (21) years of age with respect to all or any property passing to, or vesting in, such beneficiary by reason of my death, whether under the terms of this Will or otherwise. Until such beneficiary reaches twenty-one (21) years of age, the Trustee may, in its discretion, accumulate for such beneficiary the whole or any part of the income from such beneficiary's property, or may pay, distribute or apply the whole or any part of the income and principal at any t.n tie held-#~ such beneficiary, including accumulated income, to or for the support, education and ~_- -;r- - - -, - C - ~; t ~~- ~ h.-~ ~~ (SEAL) c~ ~:LL _,~ ~-- C-j 1_ ; 1 !s_1 C = tom' ~ rn ~- e~ C~ N welfare of such beneficiary either directly or by making payment or distribution thereof to any guardian or legal representative, wherever appointed, of such beneficiary, or other parent or other person maintaining such beneficiary, or to beneficiary directly. Anything herein to the contrary notwithstanding, however, if the property passing to such beneficiary shall not amount to more than $5,000 or shall be tangible property of such nature that it may be used and enjoyed by such beneficiary although exceeding Five Thousand ($5,000) Dollars in value, said Trustee, in its absolute and uncontrolled discretion, is authorized to distribute the property to such beneficiary directly. In the event any property passes to or vests in a beneficiary under twenty-one (21) years of age by reason of my death, whether under the terms of this Will, or otherwise, having an aggregate value of less than Fifty Thousand ($50,000) Dollars, then the personal representative or representatives administering my estate shall appoint a custodian qualified under the provisions of the Pennsylvania Uniform Transfers to Minors Act to receive such property and to administer it in accordance with the provisions of the said Act for the use and benefit of such beneficiary, the undistributed balance thereof to be distributed to such beneficiary upon his or her attaining twenty-one (21) years of age; provided, however, that the personal representative may make a direct distribution to a beneficiary who has attained eighteen (18) years of age if the property to be transferred has a value which does not exceed Ten Thousand ($10,000) Dollars. ITEM IV. I appoint my daughter, Susan I. Aigeldinger, and Dauphin Deposit Bank, Co-Executors of this my Last Will and Testament. (SEAL) 2 ~ ITEM V. I direct that my Executor and Trustee and their successors shall not be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I hereunto set my hand and seal to this my Last III and Testament, written on three (3) pages and signed by me on each page, this ~ ~' day of _~ , 1998. t ~ ' ~~ ,.'~,~-c'~'tcr (SEAL) Signed, sealed, published and declared by the above named EMILY F. IRVING, testatrix, as and for her Last Will and Testament, in the presence of us, who have hereunto subscribed our names at her request as witnesses thereto, in the presence of said testatrix and of each other. 3 ., ~' We, „ E I LY F. I RVI NG, ::~:~~~'~ ~~-~. ~~' ~ ' ~~ d-r~.-~~"'~---- and ~_ ~,~?~{_ Q-~ ~.- ~ .~~~ ~} ~L~.~~.- , the t tatrix and the witnesses, respectively, whose name are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her Last Will and that she had signed willingly, and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the Will as witness and that to the best of her knowledge the testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ~ r i ~ ~ ~~~~ , ~,-s7--cr.-~,~`.''-,., `° Witness ess Subscribed, sworn to and acknowledged before, me by EMILY F. IRVING, the testatrix, ,and suf~s,pribgd and sworn to before me by ~: ~.2~c,~- ~' ~~'~ ~~ and ~~~~'i~-ti~ .;~ - i/~J A%C~2~~~ , witnesses, this~~ day~i , 1998. _ ~-; ~` =~ ~,,; .-- , "r i s ' ~' ~,~-CE~ P~otary Publi My Commission Expires: Notarial Seal LeAnna E. Sackett, Notary Publle York, York County My Commission Expires Nov. 27, 2000 Member. Pennsylvania Association of Notaries 4