HomeMy WebLinkAbout02-19-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Judith A. Sutton
also known as ~a
Deceased
N
Social Security Number 161-3208 °-
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File Number t~ 1 ! V ~ V / ~ 7
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW.)
m A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executor
last Will of the Decedent dated June 19, 1984 and codicil(s) dated n/a
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(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: n/a
B. Grant of Letters of Administration
(U'applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente liter durante absentia; durance minoritate)
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. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
(COMPLETE INALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at
1924 Stereos Gan Avenue, North Middleton Township, Ctumberland County, Pennsvlavia 17013
(Lrst street address, town/city, township, county, state, zip code)
Decedent, then 69 years of age, died on December 23, 2009 ~ Cazlisle, Pennsylvania
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 1,200.00
(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:
or printed name and residence
Russel M. Sutton 1924 Stereos Gap Avenue, Cazlisle PA 17013
Form RW-02 rev. 10.13.06 Page 1 of 2
Oath of Personal Representative
COMMONWEALTH 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. ~ ('1
Sworn to or affirmed and subscribed
be re me the ~~ day of
ignature of Person l Representative ~ ~
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Signature of Personal Representative `.= ~ 73
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Signature of Personal Representative ~ ~ ~ ~"<T -'
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File Number D[ _ ~ ~ u7 ~ ~~
Estate of Judith A. Sutton
Deceased
Social Security Number: 161-32-4308 Date of Death: December 23, 2009
AND NOW, ' ~I " t l ~~~1~~ ~ ~ , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Russel M. Sutton
in the above estate
and that the instrument(s) dated June 19, 1984
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. ~
FEES W U W IJ
Lett $ O• B Regrst rr °
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ers ............... ~
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Short Certificate(s) ........ $ ~' ~ Attorney Signature:
Renunciation(s) .......... $
$ ,rte- ~
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Attorney Name:
Keith O. Brenneman
... $ Supreme Court I.D. No.: 47077
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1 \ '~ ' ' ' $
Address: 44 West Main Street
$
_ , $ Mechanicsburg PA 17055
... $
... $
••• $ Telephone: 717-697-8528
...
TOTAL .............. $
$ : '~""
Form RW-O2 rev. 10.13.06 Page 2 of 2
105.805 REV (01/07)
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 16053151
Certification Number
3
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This is to certify that the information here given i
correctly copied from an original Certificate of Deat
duly filed with me as Local Registrar. The origin.
certificate will be forwazded to the State Vita
Records Office for permanent filing.
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Local Registrar Date Issued
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CERTIFICATE OF DEATH
(See instructions and exempts on reverse) BTATE FlLE NUMBED
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LAST WILL AND TESTAMENT OF }~~ ~? c"''
JUDITH A. SUTTON ~. ``~ ~~
I, JUDITH A. SUTTON of Cumberland County, Pennsylvania,~:g of ~ ~~^ ~
.L -'i .,
sound and disposing mind, memory and understanding, do hereby ma~e, publish and u
declare this as and for my Last Will and Testament, hereby revoking all other
wills and codicils heretofore made by me.
FIRST
I direct that a brief, Christian memorial service be announced and
conducted in Grace United Methodist Church by the minister of that church. My
remains are not to be present in any form. In lieu of flowers contributions
should be sent to Grace United Methodist Church, Carlisle, PA.
I hereby direct the donation of such bodily organs necessary for
transplantation, therapy, medical research or education, pursuant to any
agreement entered into by me prior to my death with any organization for such
purposes.
I direct the payment of my debts and expenses of my last illness and
cremation from my estate as soon after my death as conveniently may be done.
In this connection, I authorize my personal representative to expend funds from
my estate, in such amount as my personal representative shall consider necessary
and desirable, for the cremation of my body and the disposal of my ashes.
SECOND
I give, devise and bequeath my diamond wedding ring to my daughter,
JODY SUTTON. In the event my husband does not survive me, I give, devise and
bequeath my dishes to my daughter, JODY SUTTON, and my antique Tiffany lamp to
my brother-in-law, CLYDE C. SUTTON, if living, otherwise to my son, BRETT C.
SUTTON.
THIRD
I give, devise and bequeath all other tangible personal property owned
LAW OFFICES
FISHMAN & HESS
CARLISLE.
PENNSYLVANIA 1701:
by me at the time of my death, together with all insurance policies thereon,
unto my husband, RUSSEL M. SUTTON, if he survives me by thirty (30) days. In
the event he fails to survive me by thirty (30) days, I give and bequeath said
tangible personal property and all insurance policies thereon in as nearly
equal shares as is practicable unto such of my children as survive me by
thirty (30) days, per stirpes.
In the event the executor is unable to divide the personal property to
the mutual satisfaction of all beneficiaries, the executor shall sell all
said personal property or shall sell alI such personal property the distributic
of which has been so disputed and shall divide the proceeds per stirpes.
I authorize my Executor to deliver such articles to which a minor may
f be entitled under this paragraph to the guardian of the minor or to the person
having custody of the minor, or to retain such property until an age at which
my executor considers it appropriate to deliver the property to him or to her,
provided in no event shall such property be retained by my executor beyond
the time the minor attains his or her majority. The receipt of such of the
above enumerated persons as may be selected to receive delivery of such
property shall be a full and complete discharge to my executor. In the event
my executor at any time decides it is desirable to sell any item or items of
tangible personal property held hereunder for a minor, the proceeds of such
sale or sales shall be delivered to the guardian of the property of the minor
appointed in paragraph SEVENTH hereinafter to be held under the terms and
conditions thereof.
FOURTH
I give, devise and bequeath all the rest, residue and remainder of my
estate unto my husband, RUSSEL M. SUTTON, if he survives me by thirty (30) da
In the event he fails to survive me by thirty (30) days, I give, devise and
bequeath all the rest, residue and remainder of my estate unto such of my
children as shall survive me by thirty (30) days, per stirpes.
FIFTH
I direct that any and all Inheritance, Estate and Transfer Taxes
upon my estate passing under my Will or otherwise, shall be paid out of the
principal of my residuary estate.
SIXTH
In addition to the powers conferred by law, I authorize my executor,
in his absolute discretion:
a. to retain in the form received, and to sell either at public or
private sale any real or personal property;
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 principle of
diversification;
d, to exercise any option or rights arising from ownership of
investments;
e. to compromise claims without court approval, and without the
consent of any beneficiary;
f. to join with my husband, RUSSEL M. SUTTON, or his personal repre-
sentative in the filing of any federal income tax return for any year for
which I have not filed such return prior to my death, and to consent to the
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treatment of any gifts made by him as being made one-half by me far gift tax
purposes notwithstanding the fact that such action may result in additional
liabilities for my estate. Any income or gift taxes due on such returns and
any deficiencies, interest, penalties, or refunds thereon, shall be allocated
between my estate and my said husband or his estate, or all to any of them,
in such manner as my executor and my said husband or his personal representa-
tive may agree.
SEVENTH
I appoint CLYDE C. SUTTON of Carlisle, Pennsylvania, guardian of any
property, including but not limited to all proceeds of insurance on my life,
which passes to a minor and with respect to which I am authorized to appoint a
guardian and have not otherwise specifically done so. In addition to the
powers given by law, I authorize the guardian (a) to use such amounts of both
income and principal as he, in his sole discretion, deems proper for the suppo t
education and welfare of such minor without leave of any court, and (b) to
invest in any property without restriction to legal investments. The guardian
shall not be required to give bond or furnish sureties in any jurisdiction.
EIGHTH
In the event my said husband, RUSSEL M. SUTTON, predeceases me, I
appoint MR. and MRS. BRADFORD E. AUMAN of Carlisle, Pennsylvania, guardian of
the person of any of my children who may be minors at the time of my death.
NINTH
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 the said children, or
any of them, shall be made upon the sole receipt of the respective individual
" to whom the payment is made, and free from anticipation, alienation, assign-
ment, 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.
TENTH
I nominate, constitute and appoint my husband, RUSSEL M. SUTTON,
Executor of this my Last Will and Testament. In the event of the renunciatic
death, resignation or inability to act for any reason whatsoever of my husba~
if either or both of my children are minors, I nominate, constitute and
appoint CLYDE C. SUTTON, Executor of this my Last Will and Testament, and in
the event both children are over age eighteen (18), I appoint my children
JODY SUTTON and BRETT SUTTON, or the survivor thereof, Co-Executors. I here
relieve my Executor from the necessity of posting security in connection with!
his duties as such in any jurisdiction in which he may be called upon to act
insofar as I am able by law to do so.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my
Last Will and Testament, consisting of five (5) typewritten pages, the first
four (4) of which bear my signature in the margin for the purpose of
identification, this ~`t°-~ day of ~ 1984.
t.~~.,G . - (SEAL)
JU ITH A. SUTTON
Signed, sealed, published and declared by the above named testatrix,
JUDITH A. SUTTON, 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.
~~~~ /~ //
C ADDRESS C~ .r-~-e ~Q r Cl
ADDRESS d/"~ ~ - ~ ~~zc-~~
COMMONWEALTH OF PENNSYLVANIA:
:SS.
COUNTY OF CUMBERLAND j~
Ci~~~ ~ • and
We, JUDITH A. SUTTON,
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 instrumen
as her Last Will, and that she signed willingly, and that she executed as her
free and voluntary act for the purposes therein expressed, and that each of th
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 con-
straint or undue influence.
Sworn to and subscribed before me
day of 1984
this
~~ 1 1
RENEE tO~ISE ~ IGHT, Notary ~'~
My Commss.on Expires OCt. 21, 19~
Harrisburg, Pa., Dauphin Coutltx