HomeMy WebLinkAbout09-25-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of MARL' FRANCES FULTON
also known as
COUNTY, PENNSYLVANIA
Deceased
File Number Z ~ '" G~q () 9 U
Social Security Number 180-09-4214
Petitioner(s), who is/aze 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW.)
A. Probate and Groat of Letters Testamentary and aver that Petitioner(s) is /are the EXECUTOR named in the
last Wil] of the Decedent dated NOVEMBER 19, 2001 and codicil(s) dated
RENUNCIATION FOR ELIZABETH M. CUTTER IS ATTACHED HERETO
JOHN EDWARD FULTON DIED ON 8/15/2003
(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:
a B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durante absentia; durante minoritate)
Petitioners} 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. or d.b.n. c. t.a., enter date of Will in Section A above and complete list of heirs.)
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his /her last principal residence at
770 S. HANOVER STREET CARLISLE CUMBERLAND COUNTY PENNSYLVANIA 17013
(List street address, town city, township, county, state, zip code)
Decedent, then 94 years of age, died on SEPTEMBER 11, 2009 at CHAPEL POINTE AT CARLISLE, CARLISLE,
CUMBERLAND COUNTY PENNSYLVANIA 17013
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 5,000.00
(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:
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;
JAMES R. FULTON, 911 W. SOUTH STREET, CARLISLE, PA 17013
Form RW-02 rev. 10.13.06 Page 1 Of 2
Oath of Personal Representative
CONIMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
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
t3.
before me the `~ day of
For the Register
Signature of Personal Representative
Signature of Personal Representative
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File Number: 2 ~ ~ Z ~ ~ - D ~ U ~ ~ n t
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Estate of MARY FRANCES FULTON , Deceasa~"~ ;._', <
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Social Security Number: 180-09-4214 Date of Death: SEPTEMBER 11, 2009-~' Y~ C.J _
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AND NOW, ,~ ~ eiv Q in consideration of the foregoing Petition, satisfacto~,proof 1
having been presented before me, T IS DECREED that Letters TESTAMENTARY
are hereby granted to JAMES R. FULTON
in the above estate
and that the instrument(s) dated NOVEMBER 19, 2001
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. ,~
FEES ~ ~y /~/~a/ ~:~ ~-Ql/b ~ Y
30.00 Register of Wills
Letters ............... $ -- //~~
Short Certificate(s) ........ $ 4.00 Attorney Signature: 3 •C~
Renunciation(s) .......... $ 5.00
JCP 10.00 Attorney Name: ROGER . I IN, ESQUIRE
... $ _-
AUTOMATION FEE
WILL
$ 5.00
$ 15.00
... $
... $
... $
... $
... $
... $
TOTAL .............. $ 69.00
of Personal Representative
Supreme Court I.D. No.: 62,82
Address:
60 WEST POMFRET STREET
CARLISLE, PA 17013
Telephone: (717) 249-2353
Form RW-02 rev. 10.13.06 Page 2 of 2
LAST WILL AND TESTAMENT
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MARY FRANCES FULTON ~;~T, ~~-~ -
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I, Mary Frances Fulton, of Cumberland County, Pennsylvania, beifig of --
sound mind, memory and understanding, do hereby make, publish and declare this as
and for my Last Will and Testament, hereby revoking all other wills and codicils
heretofore made by me.
FIRST
I direct the payment of my debts and the expenses of my last illness and
funeral from my estate as soon after my death as conveniently may be done.
SECOND
I give, devise and bequeath my entire estate of whatever nature or
wherever situate to my beloved husband, John Edward Fulton, if he shall survive me by
thirty (30) days.
THIRD
In the event I am not so survived by my said husband, John Edward Fulton, I give,
devise and bequeath the remainder of my estate of whatever nature or wherever situate
to my niece, Elizabeth M. Lutter of New Freedom, Pennsylvania, and my nephew,
James R. Fulton of Carlisle, Pennsylvania, per stirpes. I wish that James keep the dry
sink as a part of his share of my estate.
FOURTH
I direct that no trustee, personal representative, guardian or other fiduciary
named, nominated, or appointed by this my Last Will and Testament shall be required
to post any bond or give any security of any type for any purpose whatsoever, any law
or rule of the court of the Commonwealth of Pennsylvania or any otherjurisdiction to
the contrary notwithstanding.
FIFTH
My personal representative shall have the following powers in addition to
those vested in them by law and by other provisions of this will, applicable to all
property, real, personal or mixed and wheresoever situate, including property held for
minors, whether principal or income, exercisable without court approval, and effective,
with respect to each item of said property until actual distribution thereof.
A) To retain, as investments of my estate or trust, any or all assets of my
estate, real, personal, or mixed, without regard to any principal of diversification, and to
purchase and acquire real or personal property and to hold any or all of such real and
personal property retained or acquired without making the same productive of income.
B) To permit my heirs, or any of them, to occupy any real estate retained
or acquired upon such terms and conditions as my trustee shall deem proper.
C) To pay all taxes, charges and expenses of maintenance, upkeep,
improvements, development, protection, preservation and investment of any retained or
acquired real or personal property, such payments to be made from either principal or
income as my trustee shall determine.
D) To retain or invest any and all funds, whether principal or income, in
any real or personal property without restriction to legal investments; to purchase
investments at premiums; to exercise all rights of a security holder or share holder in
any corporation; and to lease, mortgage, pledge, give options upon or sell at public or
private sale and without approval of any court, any real or personal property, or portion
or portions thereof, irrespective of the manner or the means by which the same was
acquired by my said trustee.
E) To make payment or distribution herein provided for in cash, kind or
partly in cash and partly in kind, at valuations fixed by my trustee at the time of
distribution.
SIXTH
Any and all payment or payments of any sum or sums, whether in cash or
in kind and whether for principal or income, payable to an heir, shall be made upon the
sole receipt of the respective individual to whom the payment is made, and free from
anticipation, alienation, assignment, attachment, and pledge, and free from control by
the creditors of any such beneficiary. All shares of principal and income herein given
shall be free from anticipation, assignment, pledge, or obligations of any beneficiary
and shall not be subject to any execution or attachment.
SEVENTH
I appoint my husband, John Edward Fulton, Executor of this my Last Will and
Testament. Should my said Executor fail to survive me or for any reason fail to qualify
as Executor, then I appoint my niece and nephew, Elizabeth and James, as Co-
Executors of this my Last Will and Testament.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last
Will and Testament, consisting of four (4) typewritten pages, the first four (3) of which
bear my signature in the margin for the purpose of identification, this 19th day of
November, 2001.
~ri ,~,~~~ (Seal)
ry Frances Fulton
Signed, sealed, published and declared by the above named testatrix, Mary
Frances Fulton, as and for her Last Will and Testament, in the presence of us, who, at
her request, in her sight and presence, and in the sight and presence of each other,
have hereunto subscribed our names as witnesses.
~___ i~ ~-- ADDRESS i ~ ~. Oak.~or~ ~ c. Ca~~.s ~ Q ~ ~ 7~ ~ 3
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
We, Mary Frances Fulton, /P~~ 0~4~~2-cam and ~.p-~c.~c-c,[1r~ S~-~cdr,~.~J
the testatrix and the witnesses, respectively, whose names 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 of her Last Will and
Testament, and that she signed willingly and that she executed 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 witnesses, and that to the best
of their knowledge, the testatrix was at the time eighteen (18) years of age or older, of
sound mind and under no constraint or undue influence.
Sworn to and subscribed before me this 19th day of November, 2001.
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Nontagriat seat
CaeBoro, Cwnb riandPCounty
My Commission Expires Oct. 7, 2004
Member, PenruylvaniaAssocrationotlvotaries
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RENUNCIATION
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REGISTER OF WILLS _
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CUMBERLAND COUNTY, PENNSYLVANIA 7
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Estate of MARY FRANCIS FULTON
I, ELIZABETH M. CUTTER
(Print Name)
CO-EXECUTRIX
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Deceased
in my capacity/relationship as
of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
JAMES R. FULTON
SEPTEMBER 11, 2009
(Date)
Executed in Register's Office
Sworn to or affirmed nd subscribed
befo me this ~x day
of _ ,
(Signature
209 N. SECOND STREET, BOX 425
(Street Address)
NEW FREEDOM, PA 17349
(city, state. zip)
Executed out of Register's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
purpos st~at~d+ wrt ym, n this ~ "~- day
of ~~~ /ll-~n~~lii~ c 7
Deputy for Register of Wills
Form RW-OG rev. 10.13.06
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
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