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HomeMy WebLinkAbout12-30-09Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS ~ ~~ ~- I~.O ~ Estate of VIVIAN L. McCLA1R c~ c C © .s, `~' ~ ,; ~ ~.~ , ~ Deceased Social Security No. 168-26-5498 ("~ 1.1-7 -- rTl 4v~ 1 ;... - - ~. rn ~~:° c~ ~ o _ : ~ `~ ~ '~'~ ;' . JACK R. MCCLAIR C ~ ~ J`) ~ - `~? _ _ ~ :` m b ,' ; C-~ (COMPLETE "A" OR "B" BELOW:) W `~ A. Probate and Grant of Letters and aver that Petitioner is the Executor named in the Last Will of the Decedent, dated May 16, 2003. Sate n~lw~ot cia~®aa>~a, e.a., mtuneietloa deah of exmnor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: NONE B. Grant of Letters of Administration (db.aa4a: peodeote lire; ~rmte ab¢nNa: dmaete minodute) Petition s after a ro er search has/have ascertained that Decedent left no Will and was survived b the followin souse if an and heirs: Name Relationship Residence Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at Bethany Village, 325 Wesley Dr., Apt. 3110, Mechanicsburg, Lower Allen Township, PA 17055 pia sleet, taoober ma muoiciplity) Decedent, then 88 years of age, died December 19, 2009, in Bethany Village, 325 Wesley Dr., Apt. 3110, Mechanicsburg, PA 17055. p.eeaan> Decedent at death owned property with estimated values as follows: M* (If domiciled in PA) All personal property ...................................................................................................................................................... ~! V~~~ (If not domiciled in PA) Personal property in Pennsylvania ...............................................................................................................$000000000 (If not domiciled in PA) Personal property in County .........................................................................................................................$000000000 Value of real estate in Pennsylvania .......................................................................................................................................................................................................... $ Total ....................................................................................................................................................................................................................................... ~~~~~~ Real Estate situated as follows: Wherefore, Petitioner respectfully requests the probate of the last Will presented with this Petition and the grant of letters in the appropriate form to the undersigned: ~ Signature Typed or printed name and residence ~ X ~~~~ ~z /// W ~~~~~ I Bethany Village, 325 Wesley Dr., Apt. 3110, Mechanicsburg, PA 17055 lorz phupbin Coway)-Rev. 9N2 107622.1 12/29/09 Commonwealth of Pennsylvania County of Cumberland The Petitioner above-named swears and affirms that the statements in the foregoing Petition are true and correct to the best of the lmowledge and belief of Petitioner and that, as personal representative of the Decedent, Petitioner will well and truly administer the estate according to law. Sworn to and affumed and subscribed before me thi_~day of ^~~, 2009. Q .a:~r~ c~ ~; .. © Ica s 3 ~ ~T Q '~' _' r- '~ 't - ~_ 7 ~ :~~~ o ~., _~, t.~ C7 -r7 ~ zs ~ ; ~~ ~ a --l. ~D ` it N c.:, .; :,45 w ~-~~ Estate of Vivian L. McClain Deceased Social Security No: 168-26-5498 Date of Death: December 19, 2009 AND NOW,~~,J~D _ 2009, in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Jack R. McClain in the above estate and that the instrument dated May 16, 2003 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES I,etters ........................... $ y5.Ot~ Short Certificates..(3)... $ / ~t . pU Renunciation ................ $ Affidavit ( ) ................. $ Eames ( ).k-fi~.~. $! 5 . yt~ codicil .......................... $ JC$ Fee ........................ $ of ~ . 5 O Attorney: Inventory ...................... $ I.D. No• 6tker...1~tAt~cc1Y.14t~«~ $ 5 •~ Address: TOTAL ................ Register ill ` CSI/ `'`~V~~ O (~„(/(,/,l.i G ,t Vial` ~'~ ~~ cQr Matthew aar 85688 Penn National Insurance Plaza 2 North Second Street, Seventh Floor Harrisburg, PA 17101 $ Telephone: (717) 257-7524 107622.1 1229/09 c qnc 2=~~ m•/n-~ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 This is to certify that the information here given is correctly copied from an~ original Certificate of Death duly filed with me as Local Registraz. The original certificate will be forwarded to the State Vital Records Office for ermanent filin . P 16 0 2 2 015 ~/Jf DECD 2.12009 Certification Number Local Registrar Date Issued C7 r.~ c~ ~ w © ~ ~~ :t _;r -1 :::; ~ .C7~ -n- ~ ~"~ ! . r . ~• m ~ ~~. ^~ o ~ ,-~,0~ ~. ~ '; rJ ~, ~ ~ - ; T,. --i ~,p `rl3 N c : ~ t~ _ w -~-~ asxt ta+, nrrmt COMMONYYEALTH OF PEIMgY1.VM0A • 08PARTaBMT Of HEALTH r tfITAL RECOHDB ^^, ce~nFrcAre of o~-TM "110"" (t» Inatrunllana aad a>sttr*ba att nwarM) <,.~- t i v'1~'1$Il )(.. IV1~CL~t11P Female 168 - 26 - 5498 Dtae 19, 2009 S. Jrt(i~raiMtt~ lLlnt~r _ U.ir liy I. DsbrN1~/~MII Yq.~__ _T_OYIIpYj~(p~rrMM ~ a-Rw rAM Myar} "`"' °"' '~ """ williemstot-n ~* oar: -- - 88 c7~t 31 1921 „, , panne lvania 1.Mfp't a oaa t~ IUaatas aar- wcb.errt>dtt, ~. at,~.argrn.n tt.raegTr..~rir.ll+~tr.,twr.wr~ aa~.o.rrrtr,.lorw r r. xi arwwrw.,a„R Cumberland l.otaer Allen T IIPgtNa-Oaw taheM t+p• BetLany Village ~+~~+1 Nttile + r.r.rrr..~wtt-n. ~rr»^sr rt. MMdMrrrAr n tE`-1~`rrN~lt~rANt t nrarrtw.tt.l.tt ua.e.w ~ arri'~tliorYrflA artt-~o.7~f M.r.lr~rrrl Receptionlst Bankinq Orr~r+ ty Married Jack R. McClair ~ -- ~25n 14¢sle~ D~~, ,~~. 3110 Tarnrrnum ar PA _-_--- --- ira~ us ++a lrw .twxt Lotter llllcn T-rp. >wa tr 1 ~ r c oni cs o q, tn, ce..s Cumberland T0'"'wt n ^ ntrtrr~~ -----.__..-- al par ,,,~ - ----- - - - - Wi'iS wii~il~iCr8-i.~r~"_' ---_ ---- Arthur Berry Agnes Motter Jack R. 2fcClair 325 1Peeley Dr., Apt. 3110 Mechanicsburg, PA 17055 m r r`] arr.. n.r.. rn alrus•rerMwa~rr.t~4 a.w ^N.wthrtr I tx.r+rwrawetMr-rarrlea~rraraa.Mrp xa ta.rrRT-rlrtsalrraq _ we,.o.w.«rritr -+9.eK ' srY.wet.rrtarrn~~ r..Q w Dec 23, 2009 Rolling Green Ceaetery !'~mmp Hill, pA 17011 a.~e. rt.,».-*y.ua am.Ikw.thrir, zk wr.rrruretrraru - ~ ~ I - 30 N. Che nu S Di1Lab~; PA 170].9 e.~rtt~a....4.t...gt~ m roraetd.trt.o.we~ae+l,rt.,ura. alrtr.e+rraprrtwrw a- uaaewwis - orawa(tl.aaawwq ~iw r+..rorw - ~ .. - - r.a.x~...erea+.rtit..~ x Trr x. --its.rraww~rarr ------- xrar +rrrtsrruaaNrvtrwawriaita«rwla +InV~~ta~ - ~ Y. ^ rr N I:WKOi iNATM itnbraretr wrwy +IltlrarltWra Mk l 0171arr Yw lY~tlrt ~grNt anII. rwut Err tltMtrr~r~r•OaitrlalrNMMR00m11wnriM~l~r~relro~srrt OMIYOrM Irnt~~lrrYMtrrr /IrYI'!tl /'7 Mr n rlr7-~wOtMa~raiwll~MyrA11R.WalPrrea~wrA~a aJ IJ ~r~ aalRlttla dlMf~Yrrr~^ A ^ Ililnttn ~•~+vaa+M --> CEf~4"3RnVASces.AR ACCIDeTtT 2ytn>S ur oattrMastrrprwa¢ IIAMtPritrrf~ 3~, 4,e n~artetaar t-ar.ttrr..ir': " AfR_lal~_E1gRILt_/tT10tH _ , Iayt~. iwacare o.^f~~~»+F ~wr ~ Ya/gtrtrWtartt,taltrlb t ~ RM «wrrt~yl~ ` --- __. _- u.eaas.w.s -- - ^ r rtrm.ra+~,.-tT.. a ~ Boa +wrtt a ar~~ x. r.....ra..t a. orrw~rM....e.>An a rt.rTlrye~a,,..a ~~.rrrrw~.~'M.er.rraw tr~r. . s ~ rra.rura ~tarr ^ Irrtw ~+~a.+ ^ r. ~ p tr li r, ^ ~.ar p Pr+:tr:Mpr Y/. TledM~ a.r.t:tra at~rpt.w ti..r ^ ttt ttnrrttprtslalae4~rn-r+l 'C ^ arat. _ ^ arw,aw..rN to ^ w^ w ^~ ~ ur~rAtUMwur~rtyilrMprrerry rspArrrtp M1 -M~idR~r~w/i~Mrr~.Mrr.rrr~M.~_____'----------_'__----____ 1 ^-Mti"/~'A ~~Tr m~ .: ArrY/rar~aMlrlr~YrPrarrl/~~rrAMlbtaiwr nrrr.r~irdlr-rY.r..rrrr.,rr~tMarawoa..wr~y~.~~rwrr-------------'--[j aur.r.r - 0~~.+/~a-rwwq ra.trrsr.rra...af«r.grttiw.a ~arlnrr~Mr..rw.-rMrrrt~ra~rrrr<_,^ a rsar.re str y~ wtw rarN *I.e tm rw f a Nvt t1+ +~ 2/ aov s4 s~ T~~ ~" ~lL~ ~Gc.l~. . I, VIVIAN L. McCLAIR, of York County, Pennsylvania, declare this to be my Will and revoke all prior Wills. FIRST: Tangible Personal Property: I give all of my tangible personal property, including any automobiles, together with all insurance on such property, to my husband, JACK R. McCLAIR, if my husband survives me; otherwise I give such property to such of my children as survive me, to be divided as they shall agree. If there be no agreement or if any child is a minor, such property shall be divided as my Executor, in my Executor's sole discretion, deems appropriate. My Executor shall pay, as an expense of settling my estate, the costs of packing, storage, shipping and insurance incurred in connection with the distribution of the gifts of tangible personal property made above. SECOND: Residue: I give, devise and bequeath all of the residue of my estate, of whatever nature and wherever situated, to my husband, JACK R. McCLAIR, if my husband survives me; otherwise my Executor shall divide my residue into as many equal shares as there shall be children of mine living at my death, and make distribution accordingly. THIRD: Disability Provision: If a beneficiary shall, in the sole opinion of the Executor, become mentally or physically incapacitated, the Executor may apply the share to which such beneficiary is otherwise entitled hereunder for such beneficiary's support, health and welfare, directly, without the intervention of a guardian. FOURTH: Protective Provision: All principal and income shall, until actual distribution to the beneficiary, be free of the debts, contracts, alienations and anticipations of n ,C any beneficiary, and shall not be liable to any levy, attachment, execution or segation ~ _.; ~~_i ~,- r, _ _ while in the hands of my Executor. . ~- ~, ~, , c . ~_ n ~ ' ~ ~; 97497.15/14/03 (~ `~~i FIFTH: Tax Clause: All estate, inheritance, succession and other death taxes, imposed or payable by reason of my death, and any penalties thereon, with respect to all property owned by me at the time of my death and passing under this Will or under any Codicil hereto, shall be paid out of the principal of my residuary estate, without apportionment or right of reimbursement. Such taxes shall be paid at such time or times as my Executor may deem advisable. SIXTH: Powers of Executor: In addition to the powers given by law, my Executor, and any successors, without any order of court and in the sole discretion of the Executor, may: a. Retain any real or personal property, as long as deemed advisable. b. Invest in any real or personal property in accordance with the prudent investor rule. c. Subscribe for stocks, bonds or other investments; join in any plan of lease, mortgage, merger, consolidation, exchange, reorganization, foreclosure or voting trust and deposit securities thereunder;. and generally exercise all the rights of security holders or employees of any corporation. d. Register securities in the name of a nominee or in such manner that title will pass by delivery. e. Vote securities in person or by proxy, and in such connection delegate discretionary powers. f. Repair, alter, improve or lease, for any period of time, any real or personal property, and give options for leases. g. Sell at public or private sale, for cash or credit, with or without security, exchange or partition any real or personal property, and give options for sales or exchanges. h. Borrow money from any person, including any fiduciary, and mortgage or pledge any real or personal property. i. Disclaim any interest or power granted to me under any instrument or by operation of law. 97497.1 5/14/03 _2_ j . Employ investment and legal counsel, accountants, brokers and other specialists, and, whenever there shall be no corporate fiduciary in office, a corporate custodian, and compensate them and reimburse their expenses out of income or principal or both (in addition to fiduciary commissions), and delegate to investment counsel (including an account executive at a securities firm) discretion with respect to the investment and reinvestment of any or all of the assets held hereunder. k. Pay administration expenses, including, without limitation, interest on death taxes ("administration expenses") from principal or income, including income otherwise payable to my surviving spouse or to charity; provided, however, that no allocation of administration expenses to income shall be made that would prevent any assets from otherwise qualifying for the federal estate tax marital deduction or the federal estate tax charitable deduction. 1. Use administration expenses as deductions for federal estate tax purposes or fiduciary income tax purposes or partly for each, without making adjustments between principal and income in consequence of the exercise of such discretionary power. m. File joint income tax returns with my husband and pay a portion of such tax, and consent to gifts made by my husband and pay a portion of any gift tax thereon. n. Compromise claims. o. Divide any trust hereunder, which division may be made on a non- pro rata basis, into two or more separate and independent trusts and make any principal distributions otherwise authorized hereunder from the trusts on a non-pro rata basis. p. Add to the principal of any trust created hereby any property received from any person by Deed, Will or in any other manner. q. At any time merge any trust hereunder with any other trust held by my Executor, whether created by me or by any other person by Will or Deed, if the terms of the trust are then substantially similar and held for the primary benefit of the same person or persons. r. Make distributions without the consent of any beneficiary, in cash or in specific property, real or personal, or an undivided interest therein, or partly in cash and partly in such property and do so, except as otherwise specifically provided elsewhere herein, without regard to the income tax basis of specific property allocated to any beneficiary (including any trust) and without making pro rata distribution of specific assets. 97497.1 S/t4/03 -3- s. Allocate basis pursuant to Section 1022 of the Internal Revenue Code of 1986, as amended, or successor provisions (the "Code"); provided, however, that such allocation shall be made in a fair and equitable manner among the beneficiaries of my estate, as my Executor, in my Executor's sole discretion, shall determine. t. Exercise all power, authority and discretion given hereby, after the termination of any trust created herein until the same is fully distributed. My Executor may make, but shall not be required to make, any adjustment of the amount distributed to either beneficiary who would have received a greater or lesser amount if my Executor had made a different or contrary decision in reference to any of the above matters. I exonerate my Executor from any liability arising from any exercise or failure to exercise these powers, provided the actions (or inactions) of my Executor are taken in good faith. SEVENTH: Appointment of Fiduciaries: I appoint my husband, JACK R. McCLAIR, Executor of this Will. Should my husband, for any reason, fail to qualify or cease to act as such during the administration of my estate, I appoint my son, BARON R. McCLAIR, Executor of this Will to serve with the same duties, powers and discretion as if originally appointed. No Executor named herein shall be required to give bond or furnish sureties in any jurisdiction. /~ IN WITNESS WHEREOF I have hereunto set my hand and seal this l t0 day of May, 2003. c ~`~VIVIAN L. McCLAIR `` 97497.1 5/ 14/03 _ A SIGNED, SEALED, PUBLISHED and DECLARED by the above named VIVIAN L. McCLAIR as and for her last Will and Testament, 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. Q,. ¢_c WITNESS ,,. ~ Q ~ ~ ~~~~ WITNESS ADDRESS ADDRESS ~.. 1~C3 97497.1 5/14/03 _5_ COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF C,~(,.C,yi~! ,~Q~'l~ We, VIVIAN L. McCLAIR, the testator, and ~~,~,,~ ~ . Se(~ li~,r~~~C~f and ~ ~~ ~ ~~.~(~~ ,the witnesses, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as her last Will and that she 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 testator, signed the Will as a witness and that to the best of the witnesses' knowledge the testator was at that time over eighteen years of age, of sound mind and under no constraint or undue influence. --> Fl i - ~ VIVIAN L. McCLAI Q~ ~- Witness ~~• Witness Subscribed, sworn to and acknowledged before me by VIVIAN L. McCLAIR, the testator, and subscribed and sworn to before me by ~~-~ ~.~ and / ' / l/ ~-- ,~~, /~f . ~~j~iJ~ ,the witnesses, this /(o day of May, 2003. ~~ _ N tary Publi Notarial Seal Rebecca J. Ochs, Notary Public iemoyne Boro, Currlberlarxl ~Y MY Commission Expires Nov.12, 2006 ~"~. Pe-nsytvarra Association Of Notaries 97447.1 5/14/03 -6-