HomeMy WebLinkAbout11-13-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Joyce M Shillingsford File Number 21-09- ~ (~~ ~
also known as
,Deceased Social Security Number 198-30-7496
Lvnda Black
P :;itioner(s), who is/are 18 years of age or older, apply(ies) for
(COMPLETE A' or `8' BELOW.•)
QX A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the EXeCUtrlX named in the
last Will of the Decedent, dated 08/1912009 and codicil(s) dated
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:
B. Grant of Letters of Administration
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pr appuceae, en[ec c.r. a.; a. o. n. c.~, a.; peoenre nrc; ourenre aosanua; ourama onnornnro/ ~p
Petitioner(s) after a proper search has/have ascertained that Decedent left no Wilt and was survived by the following spo~'(~ ny) andiEirs: (I '`3
Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) n C~ ' ;`~
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Name Relationship Residence C~j
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(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
79 Central Blvd., Camp Hill, Hampden Township, Cumberland, PA 17011
(L/st street address, town/city, township, county, state, zip code)
Decedent, then 70 years of age, died on 10/2712009
Decedent at death owned property with estimated values as follows:
(If domiciled in PA)
(If not domiciled in PA)
(If not domiciled in PA)
Value of real estate in Pennsylvania
situated as follows:
at Carolyn Croxton Slane Residence, Susquehanna Twp., Dauphin Co., PA
All personal property $ 40,000.00
Personal property in Pennsylvania $
Personal property in County $
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:
or prlntea name
Lynda Black
8523 Rolando Drive
Richmond, VA 23229
Copyright (c) 2006 form sofhvare only The Lackner Group, Inc. Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA } SS
couNTY of Cumberland }
The Pettioner(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 this ~ day of
- ~~
For the Regis r
Lynda Black
File Number:
21-09-
Estate of Joyce M Shillingsford ,Deceased
Social Security Number: 198-30-7496
Date of Death: 10/27/2009
AND NOW, , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Lvnda Black
in the above estate
a.;~ that the instrument(s) dated 08/19/2009
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent
FEES
Letters .......................................... .. $ 90.00
Short Certificate(s) ....................... . $ 16.00
Renunciation(s) ............................ . $
Will $ 15.00
.automation Fee $ 5.00
JCP Fee $ 10.00
$
$
$
$
$
$
TOTAL ................................... . $ 136.00
Attu
Supreme Court I.D. No.: 204083
Hazen Elder Law
Address: 2000 Linglestown Road
Suite 202
Harrisburg, PA 17110
Telephone: 717-540-4332
Form RW-OY Rev. 10-13.2006 Copyright (c) 2006 Conn software only The Lackner Group, Inc. Page 2 of 2
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Attorney Name: Marci S. Miller, Esq.
.In9,~ng 2~~- rpr/n-,~ _ -
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 15691631
Certification Number
This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vital
Records Office for permanent filing. 2 r
Local Registrar C~ ~ Date ~§ued
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E IHK CERTIFICATE OF DEATH
(See Instructions and examolas on rovarsel
1. Name d Depdem lFptl, medal, bel, eunisl 2. Sr 3. soda) Sewmy Nimlber n 4. Deb d. Drb grontl~, day, yrd
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Oleppdbn Perna ~~ 0366930
LAST WILL AND TESTAMENT
OF
JOYCE M. SHILLINGSFORD
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I, JOYCE M. SHILLINGSFORD, now domiciled in Cumberland
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Co~ftity,
Pennsylvania, declare this to be my Last Will and Testament. I revoke all other wills and codicils
that I may have previously made.
Article I
My just debts and expenses of my last illness, funeral, and administration of my estate
shall be paid by my Executor from the principal of my residuary estate as soon as practicable
after my death.
Article II
All inheritance, estate, and succession taxes (including interest and penalties thereon, but
not including any generation skipping tax) payable by reason of my death shall be paid out of
and be charged generally against the principal of my residuary estate without reimbursement
from any person. This provision is not a waiver of any right which my Executor has to claim
reimbursement for any such taxes which become payable as the result of any property over
which I have the power of appointment.
Article III
If my husband, JOHN S. SHILLINGSFORD, survives me, I direct that all the furniture
and furnishings, with the exception of my highback rocking chair, which I may own at the time
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of my death that are located in a residence used by myself and my husband, may be used by him
throughout his lifetime or until such time as he remarries. Upon my husband's death or
remarriage, said furniture and furnishings shall be distributed in accordance with any
memorandum I have handwritten or signed, located with my will or with my valuable papers and
found within thirty (30) days of the probate of my will.
I give, devise and bequeath all other tangible personal property not including the furniture
and furnishings referenced in the preceding paragraph in accordance with any memorandum I
have handwritten or signed, located with my will or with my valuable papers and found within
thirty (30) days of the probate of my will.
Gifts may only be to persons who survive me or to organizations which exist at my death,
and if there is a conflict, the memorandum having the latest date shall govern. To the extent no
such memorandum is found, or all of my tangible personal property is not disposed of pursuant
thereto, my tangible personal property shall be added to my residuary estate and pass under
Article VI hereof.
Article IV
It is my intent that all life insurance, annuities, individual retirement accounts and any
other assets in which I may designate a beneficiary will pass to the beneficiary that I have named
and will not be controlled by the provisions of this Will. It is also my intent that any assets I own
jointly with another with rights of survivorship or a presumed right to survivorship which such
joint ownership was created before or after this Will, will pass to the surviving joint owner and
will not be controlled by the provisions of this Will. Specifically, I acknowledge that any real
property, bonds, bank accounts, mutual funds, and stocks that I own jointly with my husband,
JOHN S. SHILLINGSFORD, at the time of my death will pass to him by operation of law,
2
should he survive me, and will become his sole and individual property as the surviving joint
owner.
Article V
If my husband, JOHN S. SHILLINGSFORD, predeceases me and if at the time of my
death, I own that real property located at 29 Central Boulevard, Camp Hill, Pennsylvania, then
such real property shall be sold and the net proceeds, after payment of any outstanding debts,
liens, taxes, utilities and/or inheritance tax owed against the property, shall be distributed as
follows:
A. The lesser of TWENTY SEVEN THOUSAND ($27,000.00) DOLLARS or
THIRTEEN AND ONE-HALF PERCENT (13 '/z%) of the net proceeds to be divided
1N EQUAL SHARES between my children, LYNDA BLACK, of Richmond, Virginia,
per stirpes, and WILLIAM BLACK, of Cumberland County, Pennsylvania, per stirpes;
B. The lesser of SIXTY THOUSAND ($60,000.00) DOLLARS or THIRTY
PERCENT (30%) of the net proceeds to be divided 1N EQUAL SHARES between my
husband's two (2) children, JOHN S. SHILLINGSFORD, JR., of Commack, New
York, per stirpes, and DAVID S. SHILLINGSFORD, of St. Louis, Missouri, per
stirpes;
C. FIFTY PERCENT (50%) of the balance, if any, of the remaining net proceeds
to be divided IN EQUAL SHARES between my children, LYNDA BLACK, per stirpes,
and WILLIAM BLACK, per stirpes; and
D. FIFTY PERCENT (50%) of the balance, if any, of the remaining. net proceeds
to be divided IN EQUAL SHARES between my husband's two (2) children, JOHN S.
SHILLINGSFORD, JR., per stirpes, and DAVID S. SHILLINGSFORD, per stirpes.
3
Article VI
All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever
situate, I give, devise and bequeath IN EQUAL SHARES to my children, LYNDA BLACK, of
Richmond, Virginia, per stirpes, and WILLIAM BLACK, of Cumberland County,
Pennsylvania, per stirpes. If a beneficiary fails to survive me by thirty (30) days, but leaves
descendants who survive me by thirty (30) days, those descendants shall receive, per stirpes, the
share the beneficiary would have received had he or she survived me by thirty (30) days. The
share of any deceased child who does not have living issue shall be distributed to my remaining
child, per stirpes.
Article VII
I nominate, constitute and appoint my daughter, LYNDA BLACK, as Executrix of my
Last Will and Testament. In the event of the renunciation, death, or inability to act, for any
reason whatsoever of my Executrix, I nominate, constitute and appoint my son, WILLIAM
BLACK, as successor Executor of my Last Will and Testament. I direct that my Executrix or
successor Executor be permitted to serve without bond. In addition to those powers granted by
law, I grant them power to distribute in cash or in kind, in like or in unlike shares, and to file any
qualified disclaimer I could have filed if living. My Executrix or successor Executor shall
receive reasonable compensation for services rendered to my estate.
Article VIII
In addition to the powers conferred by law, I authorize my Executrix or successor
Executor, in her/his absolute discretion:
(a) to retain in the form received and to sell either at public or private sale, any real
estate or personal property except that which I specifically bequeath herein,
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(b) to manage real estate,
(c) to invest and reinvest in all forms of property without being confined to legal
investments, and without regard to the principal of diversification,
(d) to exercise any option or right arising from the ownership of investments,
(e) to compromise claims without court approval and without consent of any
beneficiary,
(f) to file any federal income tax return for any year for which I have not filed such
return prior to my death,
(g) to make distributions in cash or in kind, or in both, and to determine the value of
any such property,
(h) to employ any attorney, investment advisor, or other agent deemed necessary by
my Executrix or successor Executor; and to pay from my estate reasonable compensation for all
their services,
(i) to conduct alone or with others, any business in which I am engaged in, or have
an interest in at time of my death, and
(j) to receive reasonable compensation in accordance with their standard schedule of
fees in effect while their services are performed.
IN WITNESS WHEREOF, I, JOYCE M. SHILLINGSFORD, hereby set my hand to
this my Last Will and Testament, on ~ ~6® , 2009, at Harrisburg,
Pennsylvania.
~~
O CE M. SHILLINGSFO
5
In our presence, the above-named JOYCE M. SHILLINGSFORD signed this and declared this
to be her Last Will and Testament and now at her request, in her presence, and in the presence of
each other, we sign as witnesses.
Name Address
2000 Linglestown Rd., Suite 202, Harrisburg PA 17110
~1 ~ ~C:~~Z 2000 Linalestown Rd., Suite 202, Harrisbur> PA 17110
I, JOYCE M. SHILLINGSFORD, Testatrix, who signed the foregoing instrument,
having been duly qualified according to law, acknowledge that I signed and executed this
instrument as my Will, and that I signed it willingly as my free and voluntary act for the
purposes therein expressed.
Sworn to or affirmed and
Acknowledged before me by
JOYCE M. SHILLINGSFORD, the Testatrix
on ~} orb ~ S ~ / ~ , 2009.
Notary Public
,.
~~ ,~
JO CE M. SHILLINGSF
COMMONVVieAf~Tii OF PENNSYLVANIA
Notarial Seal
Melissa M. Kain, Notary Public
Susquehanna Twp., Dauphin County
My Commission Expires Aug.11,2010
6
We, the undersigned witnesses who signed the foregoing instrument, being duly qualified
according to law, depose and say that we were present and saw the Testatrix sign and execute
this instrument as her Will; that she signed and executed it willingly as her free and voluntary act
for the purposes therein expressed; that each of us in her sight and hearing signed the Will as
witnesses, and that to the best of our knowledge, that she was at that time eighteen (18) years or
more of age, of sound mind, and under no constraint or undue influence.
Sworn to or affirmed and
Subscribed to before me
by VV) ~9-f'~ (S` X211 L~
and'M~u=~.,~ P. D~Qn~,,,.n,
witnesses, on ~~ ~~T ~ j , 2009.
~~~~c.~1S `~~ ~
Notary Public
Witness
~. ~~~lYtnG~
Wit
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Melissa M. Kain, Notary Public
Susquehanna Twp., Dauphin County
My Commission Expires Aug.11,2010
7