Loading...
HomeMy WebLinkAbout03-09-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY, PENiNSYLVA 'NIA Estate of Elizabeth M. Martin a / k/ a E 1 i z a b e t h D Martin File Number __/]/ f ~~( J/Q ~ Q~c~ also known as Deceased Social Security Number 182-22-8543 Petitioner(s), who is/are 18 yeazs of age or older, apply(ies) for: (COMPLETE'A' or 'B' BELOW.) ® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executor last Will of the Decedent dated November l4, 2006 and codicil(s) dated none named in the (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 ar adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: Predeceased by husband, Robert C. Martin ^ B. Grant of Letters of Administration Cn o' s7 (Ijapplicable, enter: c.t.a.; d.b.rt.c.t.a.; pendente life; durante absentia; ddt~ ninoritat C") Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the followinp~}y~if anyrand hem Administration, c.l.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) _;" cis ~ ~O _,~ Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at Thomwald Home. 442 Walnut Bottom Road Carlisle Cumberland County PA 17013 (List street address, town city, township, county, state, zip code) Decedent, then 90 years of age, died on January 20, 2010 at Thornwald Home 442 Walnut Bottom Road. Cazlisle Cumberland County PA 17013 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 100.00 (If not domiciled in PA) Personal property in Pennsylvania $ (1f not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 0.00 situated as follows: None. 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: Donald R. Boyne, 5 Ladnor Lane, Carlisle, PA 17015 Form RW-01 rev. 10.13.06 Page 1 of 2 (COMPLETE INALL CASES:) Attach additional sheets ifnecessary. Oath of Personal Representative ~-~ ~< r ~;~, c COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ss 2Q10 MAR -9 PM 3~ 33 The Petitioner(s) above-named sweaz(s) or affirm(s) that the statements in the foregoing Petition are t~~r„~1~~~~,tke best of the lrnowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petiti~ fr1~11 di I administer the estate according to law. Sworn to or affirmed and subscribed before mE the ~~ day of For Register Signature of Personal Signature of Personal Representative Signature ojPersona! Representative File Number: OG/'c~~Q c:~~ - Estate of Elizabeth M. Martin a / k/ a Elizabeth D . Martin ,Deceased Social Security Number: 182-22-8543 Date of Death: January 20, 2010 AND NOW, ~~1~ G ~~, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters testamentary are hereby granted to Donald R. Bonne in the above estate and that the instrument(s) dated November 14, 2006 described in the Petition be admitted to probate and filed of re^ ~das th ~ last Vft'ill (and Cod~ci~(s)) of Decedent. ~ FEES Letters ............... $ V i~ Short Certificate(s) ....... $~_ enuncration s .. $ .. $-Jca~ .. $ .. $ .. $ .. $ .. $ .. $ TOTAL .............. $ Form RW-02 rev. 70.13.06 Attorney Signature: Attorney Name: David A. Banc Supreme Court I.D. No.: 44853 Address: Baric Scherer 19 West South Street Carlisle, PA 17013 Telephone: (717)249-6873 Page 2 of 2 H105.805 REV (01!07) LOCAL REGISTRAR'S CERTIFICATION OF DEATH ~v-°7~S- WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 16053741 Certification Number OF p°~~ This is to certify that the information here given is -__ , FMyJ` _ correctly copied from an original Certificate of Death =_ -_ r ~ duly fi]ed with me as Local Registrar. The original y~ certificate will be forwarded to the State Vital s~ Records Office for permanent filing. ._ ,,,,~ ii~01.L( T OE,„~~ k`ocal Registrar Date Issued I M10SIa3 nlEV !lame TYPE i PNNf N BV[3(BM( COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORD8 CERTIFICATE OF DEATH (Sea InNrucUons and slu~Blnq on nverw) er,r~ r'a C7 ° C o ~~; ~~ ~ rr_,',"7 z~ -p 2a t., ~ '' 7 ~ r ~ c-`'' _' , ~ f'r7 1 -, t.. f"1"i i"r't a:r Jj~ \C! 3% 1::7 -.~ ~ _ ~ W ; _: rri b t.J '.'~ w n.nrmed DSrMIRa. nntlaa,rq edW 28u 98edY 3•a•W wn1w lDrad Drr (MmB4EgtYW t t+q•P+r Bxnag9 Onbr ins uMr1 e.DwaBM ~. snarwa b. FYOe aDaer lDllea w eEna° B•1• n°r• eurlr f1xePlrC once 90rr. March 17 1979 Carlisle Pa ^w.na+ ^En/odPened ^oae rarywm• ^waanw ^aAn-sbaay ^.fnaaytl OarA Ba qy, Barq Tap.d0.ah Bd FaoW Na 111na xWWlrAtlr eYMen0 irlbar) B. Vas Daerrp el WgirYe OiiBla2 ~. N° ^Yr 1B.Hw:MrknrW~~Bbb WW, rc. Cumberland Carlisle Thornwald Home wrra~w.r.) 1'~h• fl. Deaeleae Urrl daaA d er r°rtl ra Do na 122nr DanarnawNN la Deeenrn'a Earanm lSyrny any r21w1 gar mrylMadl 1/. Anna 9rds: AlnnM.NmrAYrrd 1s. $aYF1Ap 91a w IN Mr,yr nrarinana) 1DmdwrA waarrrrlra.rY u.s.2wnen Fmra7 Er1wlWy/sranaar ldnxl CanYM l++as.) YAIww4 owmre lsL.dy1 Housewife o ^+~• ~~ 11 rs. Widow iaDwe~mwwv~mr.tsn+,av~bal.rw.roooa.) o.aaaa'° aao°ra~d 442 Walnut Bottom Road ,T~^Yworrwnu.ab T«P. "`b""""'"" "° ~'" ra `"°r° Carlisle Pa 17013 a^•°a"^ Carlisle ~ °•°a" 'min Cumberland p7 "d 4t" , . , „ ~b ~/~ ea FYrfa ewr tact mea°, beA rrM ea rdw~e rem• I+neA mme, mewl rmenr) 20°Nmraekm (TIO•/Prtl) mB. rbnwYY WB1p,tlBaee lBxrA dq /ban. gar. dP md•I Donald R Bo n 2ta. Artlrdd Dipoan°n nwro•.1 nanlsr ~ ^CmrYn ^oartlm "" ° " ~" d x1B. Dr.d Dy°rbalWri,nM'. Y••A 21e. PradDYPOelnm lrrlaaarnerlµ aanrbry aanrrdral xld taonon lWl/b.n, aaa, qo mda) ^a r, sla° o~°B. ar °aronwT °b1 ^na^w Jan. 23, 2010 Mt. Zion Cemetery Boiling Springs, Pa. ~ ~~~ ~'°rr1N°~°a 78CNr"ntl~°dF°`"~ 501 N. Baltimore Ave. - FD-011932-L 'n Pa 17065 BrrxBwmy MradiryMq 29a. bIM BMd delYl aaendaM Yr, ale ra dermba rlYYel 29e. u°rnaNmOr 23c0W 31PrB @1aNi,aM~Yar1 YrlerrbtlarYmeatlerab r1Wx eaW a 6nA - yA~yB~r~pyrnb,p,~ x1.1Md0ra xS. Der PlnbulaE MtlIWYA, aB, yae1) 20. Wr Cra flManeEbAYrrl Eeeldnr/oaanr bra R•ae°n Onw br Cmrbna Dartln9 ab Pmree:rr arh ©~ ~ 0 ~M. O..l -, - ~ Q ~, ^Yr CADrE OF OLMII ryiaa Naruelbna rtl arnPra) , MP°amra brwl: nemT2. Pan I: Earnr 10ehd-l~l-der. grre. a mlplolbr-1Aa rsI/ rrsnh brR DO /MrnaM~M1r wanl• w[•t r rrWe OnW bOra a'•a' PN p: Err °n1v Wrl rarllBMnrnWY/Yq uregMnrPN I. &L Otl TOhao Ur CadihrbDW17 ^Yr ^PrAal) ; laeprbl2emY,awrblr ArB11°n arcs ehwrxp Yrand°pK lla alt me rurmarA lna ~ ~11BE~rysegos a 'E ^ fb ^ Ihi•loan ,~ ~( , m~ rr+B~Yi hrli) _,y r Cc7~rYjyv~1 ~~Q. ~~-~ ~` Lvr.~ i 2BnFamb: ^ Dr blare aq: ~ Nol Paprr aYlYn Paa Wr Mwan°m.nrry, y, ~ b awYtlmbs ^ PrpWer Marty Grrlaremr7rme al: e 6 ~ NB II IR Y IM B C W B F ^ nolagail Edaa7lrn aqr /x trp ~ r.~ B1 r y ~ ey ~ ~1 y ~ ry rrlle abwnxb b/11 LAR. c. + ' ddrr b nra anwxewtr dl: . ^ No1 R•Pr0.Ba pe2faa A3 apsbtyer a, ' ' Aaaa Eeen1 ^ ui+m.nnaaBa+.MrB.Pr rrr 90r 2ir n,4apy 3nA Wrarrpy FYla1R 31. rerlydDaer 321 ardblr, 02a4 Aq'. naeA 91G Dembllr xiev orcraB 32c PlYndkpy Nar. Fam~Bha•t FSlay. Prbmrm Avrtlle Mar[anpaiai OAIw ac. (+$aFYf ^raa 5P`~ ^Yr ^r• ^''~rn ^P°°&e ~M7•s°^ 3m nlraBNr ame. A~•YMWwAi 3>I.NTrwarnea AVW (SaaN/ aaB.lariondbFer l3B•aA dly/man, ar) ^sartle ^C°de rdaDariarU ^wa ^No ^awr/DVrra Paaarn ~ DBr ~ ~eaS' Yr. GanYbr Idriar/wl ~~ • Dr1MropMrrrl lPMrra r~rMnaueadaar Min rrnrr gryadrilw Parawtl era elm mnprw eer Eq - O Yr a.ewar, braYlP,rrB anwaB armor crryy rrrrnnrrelrl___________°- ^ """'""'"'________ - ' PlarrrBp NrrN2p plyebYnlPlryvnn Bdh Pna••'rB Eeem ra.wlhnbbrradOM) b ,atrBaaearyr nrtln aW anO plrr warbtlr earNUar rrraraaaL ^ ~ 9M OW e1pW IAluirt aY. lea) • ~~~ ~ , , , _________________ On Br baW Murata YlrW rbn rm a bY°a ara a tl a a ^ OQI O I s^ L ~~Z ~(CO y , , p , oa+m r r na. r, ntlpb,ra arraarralq eM mrrrraerL ,~~.r yro .,gym ~ . ~ ~ ~ 3x ~ speaa.raorBa ~1~ °~~ ~ / 3B nanlraMtM.Y•aA y~r. Daft l W p.O ~ S I'1D15 ' hsht ~ s~ 5i ~ - I~'+ I rta..za ao 0 p t . ~ ,Carlin-+, k Drpaalm PrmN No U`f ~,3~F 7~ p . ~` , S'~"' • ~ D . o . o -~35` C~ o ~ x} ;~ LAST WILL AND TESTAMENT ~~ _ ' ~ ~n Z ~ m ._ .+ ~' v `-' ~ ~ ~ „ . - ~ ;_ cn ~ v7 r-;- ~_~ r~~ OF ` ~ ~rj` ~ `.' ELIZABETH D. MARTIN ~~~ w ~`~~ .-' ~n J ` `~ ~ y 4 i ~ I, ELIZABETH D. MARTIN, a resident of the County of CUMBERLAND, Commonwealth of Pennsylvania, do make and declare this to be my Will, and I revoke all my prior Wills and Codicils. FIRST: Declaration Concerning Familv. I declare that I am currently married and that my husband's name is ROBERT C. MARTIN, and that I have one (1) child now living, namely DONALD BOYNE, and that 1 have no other children living or deceased. The terms "child", "children" and "issue" shall include adopted children. I further declare it is my intention to dispose of all property I am entitled to dispose of by Will. SECOND: Nomination and Appointment of Executor. I hereby nominate and appoint • ROBERT C. .MARTIN to be my Executor hereunder, to serve without bond. In the event my nominee fails to become or at any time ceases to be the duly appointed and acting Executor hereunder, I nominate DONALD BOYNE as Executor, to serve without bond. In the event DONALD BOYNE is unable or unwilling to act, then I nominate and appoint ANN MARIE STOUFFER as Executor, to serve without bond. The term "Executor " as used herein shall apply regardless of gender. THIRD: Last Illness and Funeral Expenses• Powers of Executor. 1 direct my Executor to pay my last illness and funeral expenses. I direct my Executor to take all actions legally permissible to have the probate of my will done as simply and as free of court supervision as possible under the laws of the state having jurisdiction over this will, including filing a petition in the appropriate court for the independent administration of my estate. I hereby grant to my Executor all of the necessary powers to discharge my directions under this Will and the power to do all other acts which in his judgment may be necessary or appropriate for the proper distribution of my estate and the pour over of my estate to the Trust. The foregoing powers, authority and discretion granted to my Executor are intended to be in addition to the powers, authority and discretion vested in him by operation of law by virtue of his office, and may be exercised as often as is deemed necessary or advisable, without application to or approval by any court in any jurisdiction. With respect to tax elections and exemptions, I have provided for such powers for the Trustee of the Trust. In the event that any tax law is interpreted to not allow the Trustee to exercise such powers, then the Executor is directed to follow the Trustee's directions with respect to such elections and exemptions. .. 9-7 • FOURTH: Debts. Taxes and Administration Expenses. I have provided for the payment of all my debts, expenses of administration of property wherever situated passing under this will or otherwise and estate, inheritance, transfer and succession taxes, that become due by reason of my death, under THE MARTIN FAMILY TRUST, (hereinafter "Trust") executed on the same date of the execution of this Will. If the Trust assets should be insufficient for these purposes, after the pour over, my Executor may elect to probate this Will and/or demand in a writing addressed to the Trustee of the Trust an amount necessary to pay all or part of these items, plus claims, pecuniary legacies and family allowances by court order. FIFTH: Disposition of Residue of Estate. (1) All my personal and' household effect were transferred to the Trust as a result of the Assignment of Personal Property to Trust signed in connection with the Trust. If there are any questions regarding the ownership or disposition of these assets or any other assets not listed therein, it is my desire that all my assets pour into the Trust. (2) Accordingly, I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devises), wherever situated and whether acquired before or after the execution of this Will, to the Trustee under the Trust executed by me on the same date of the execution of this Will. I direct my Executor to transfer over to the Trust all of my right, title and interest in all property that 1 own or that I might have an interest in. The property is to be transferred to the Trust subject to all liens and encumbrances, if any. The Trustee shall add the property bequeathed and devised by this will to the corpus of the Trust and shall hold, administer and distribute said property in accordance with the provisions of the Trust, including any amendments thereto made before my death. (3) If for any reason the said Trust shall not be in existence at the time of my death or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said Trust as it exists at the time of my death to be invalid, then I give all of my estate including the residue and remainder thereof to that person who would have been the Trustee under the Trust, as Trustee and to their substitutes and successors under the Trust, described herein above, to be held, managed, invested, and distributed by the Trustee upon the terms and conditions pertaining to the period beginning with the date of my death as are constituted in the Trust as at present constituted giving effect to amendments, if any, hereafter made and for that purpose 1 do hereby incorporate such Trust by reference in full in this my Will. SIXTH: Omitted Heirs; Will Contests. Except as otherwise specified in this Wilt, I have intentionally and with full knowledge omitted to provide for my heirs at the time of my death. If any beneficiary under this Will or heir at law of mine or person claiming through any of them shall contest or otherwise challenge the validity of this Will or attack any of its provisions or the trust described in Paragraph FIFTH herein, directly or indirectly, any share or interest in my estate given to such person under this Will is hereby revoked, and such share or interest shall be distributed in the same manner provided herein as if such person had predeceased me without issue. SEVENTH: Partial Invalidity. Should any part, clause, provision or condition of this Will be held to be void, invalid or inoperative, then I direct that such invalidity shall not affect any other provision hereof, which shall be effective as though such invalid provisions had not been made. • 9-8 • ., i IN WITNESS WHEREOF, I ELIZABETH D. MARTIN sign, seal, publish and declare this instrument as my Last Will and Testament this ~_ day of ~ 0 J E w~/~E,.. , 200 b ELIZABET D. MARTIN The foregoing instrument consisting of four (4) typewritten pages was signed, sealed, published and declared by ELIZABETH D. MARTIN, the above-named Testator, to be her Last Will and Testament in our presence,. all being present at the same time, and we, at her request and in her presence and in the presence of each other, have subscribed our names as witnesses on the date above written. Witness ~p ~~ Signature ~ ~'f'}'/ `,~; pf,,.,.,.... ~ -o.-- - - - - - - Print name~ei~e h2 ,F,l,. l ~-t •~, A,-.~ Address _ ~J 0 -j ~1 ~,.~ ~ A Witness ~/~ Signature Print name ~~~a~,, ~ ~ n Address ~ 2 ~ W 1 ~.-D ~.J o rJ,IJ / (,Q, C,~ pus ~F ~,~ ~ 7 ~ , ,--- END OF WILL 9-9 • COMMONWEALTH OF PENNSYLVANIA, COUNTY OIF CUMBERLAND, ss. We, ELIZABETH D. MARTIN and ~-b~S N1 '`~'~ k_-rE and ST'E~k~J TA ~ nnd~'- , the Testator 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 Testator, ELIZABETH D. MARTIN, signed and executed said instrument as her Last Will and Testament in the presence and hearing of the witnesses, and that he had signed willingly, and that he executed it as her free and voluntary act and deed for the purposes therein expressed, and that each of the witnesses at the request of the Testator, in the presence and hearing of the Testator and each other, signed the will as witness, and that to the best of his or her knowledge the Testator was at the time at least eighteen years of age, of sound mind and under no constraint, duress, fraud or undue influence. Subscribed, sworn to and acknowledged before me by the said ELIZABETH D. MARTIN, Testator, an subscribed and sworn to before me by the above-named witnesses, this ~ `~ day of ov w 2 p (o ~s~.~ Notary Public My commission expires on V'lJ ~!1©NWkw~ ~ ki pF PENNSYLVANIq Ronald W. P~~~ Warwick 7yirp„ MYCommissiorrExpireagpr X10 Member, P®nnsy~vania Assx;eNUn ~ Notarle8 9-10 ~6 W Hess