HomeMy WebLinkAbout03-23-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of Charles L. Franklin
also known as
Deceased
COUNTY, PENNSYLVANIA
File Number r~ (' ~ ~ "' 6~~ O
Social Secwity Number 162-22-5759
Petitioner(s), who is/are 18 years 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 is not the Executor named in the
last Will of the Decedent dated May 14, 2007 and codicil(s) dated
Renunciation by Executor, M&T Bank, renunciation by brother, Ebert L. Franklin, renunciation by sister-in-law. Bettv Franklin and renunciation by
nephew. Charles F. Franklin, who all reside in Geor¢ia and are the only livin¢ relatives. Decedent never married and had no children.
(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 flue 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
(Ijapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durance absentia; durante 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.)
Decedent, then 80 years of age, died on February 17, 2010 at 1100 Grandon Way, MechanicsbwR, Cumberland County,
Pennsylvania 17050
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 60,000.00
(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: N/A
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:
Si lure T d or rinted name and residence
~~ ~ / Steven P. Miner, Esquire, 1035 Mumma Road, Suite 101, Wormleysbwg, PA 17043
Form RW-02 rev. 10.13.06 Page 1 of 2
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(COMPLETE INALL CASES:) Attach additional sheets if necessary. `;~~ ~ ,~•;
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Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal ~id ne ce at~~,~
1100 Grandon Wav. Mechanicsbw¢, Hampden Township. Cumberland Countv. Pennsvlvania 17050
(List street address, town/city, township, county, state, zip code)
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LOCAL REGISTRAR'S CERTIFICATION OF DEAT~~
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 16244462
Certification Number
tno,:tp rtEV n/zaa COMMONWEALTH OF PENNSYLVANIA . DEPARTMENT OF HEALTH • VITAL RECORDS
TYPE! PWIf N
en.c CER'TIFlCATE OF DEATH
(See Instructions and examples on reverse)
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This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Lt~cal Registrar. The original
certificate will be forwarded to the State Vital
Records Office for perm:~nenr filing.
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Local Registrar Date Issued
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LAST WILL
OF
CHARLES L. FRANKLIN
I, Charles L. Franklin, now domiciled in Cumberland County, Pennsylvania, declare this
to be my Last Will. I revoke all other wills and codicils that I may have previously made.
ARTICLE 1
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 11
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. o
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Page 1 of 5
ARTICLE 111
I give, devise and bequeath all of my property, real, personal, and mixed, as follows:
A. One-third (1/3) to my brother, Ebert L. Franklin, provided that he survives me by
thirty (30) days. In the event that Ebert L. Franklin fails to survive me by thirty (30) days, I give,
devise and bequeath his share of my estate to his son, Frederick Franklin.
B. One-third (1/3) to my sister, Betty Franklin, provided that she survives me by
thirty (30) days. In the event that Betty Franklin fails to survive me by thirty (30) days, I give,
devise and bequeath her share of my estate to her son, Frederick Franklin.
C. One-third (1/3) to my neighbor, Sandra Kuhn, provided that she survives me by
thirty (30) days. In the event that Sandra Kuhn fails to survive me by thirty (30) days, I give,
devise and bequeath her share to the above-named beneficiaries, Ebert L. Franklin and Betty
Franklin, in equal shares.
ARTICLE IV
In addition to the powers conferred by law, I authorize my Executor in its 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;
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;
Page2of5
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RENUNCIATION ~ ° `='
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REGISTER OF WILLS `''%' w -
CUMBERLAND COUNTY, PENNSYLVANIA "~~ ~ -,-,
„fit-1~-0~`5~ :D G:, -~r~
Estate of Charles L. Franklin
Deceased
I, Charles F. Franklin , in my capacity/relationship as
(Print Nome)
nephew of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Steven P. Miner, Esquire
~~
3lg~a , ~.
(Date) (Signature)
3191 Le ion Drive •••'~ ~, ''•••,
(StreetAddress) ~(~~+~•`";i'~Ry++..~ •
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Covington, GA 30014 ' ;., ~ry.~. pip,
(City, State, ZiP) + (~?(:at,r,. ;18, 201
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of ,
Deputy for Register of Wills
~~+
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Executed out of Register s O.a~~N~a~~
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
purposes stated within on this ~~ day
of /V~Lf /~1~2 2C~/ lJ
~~~G!1/7[~w~ r 71C~~~/s!'~
Notary Public
My Commission Expires: ~a/(R /~3
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
Form RW-06 rev. 10.13.06
RENUNCIATION ~o
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REGISTER OF WILLS .-J ~'
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CUMBERLAND COUNTY, PENNSYLVANIA -
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Estate of Charles L. Franklin
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Deceased
I, Ebert L. Franklin , in my capacity/relationship as
(Print Name)
brother of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Steven P. Miner, Esquire
3 / 9 ~o
(Date)
(signature) ...ouu.--
747 Greenview Avenue NF~.•`~~p~-.
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(Street Address) ~ P ; ,~~,
V i ~P• ,'
GA 30305 ? ~' `'~ 19 ~9
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of
(City, State, Zip) % S"" ~ (~ .°
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~y~~Q~+~ ~dJ~~
Executed out of Register's
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
purposes stated within on this ~ day
of f.~ /~, yU l U
('.h.Ll././_. (mil "~~.~~
Deputy for Register of Wills
Notary Public ~ p l r 9/ ~~
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
Form RW-06 rev. 10.13.06
RENUNCIATION
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Charles L. Franklin
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administer the Estate of the Decedent and respectfully request that Letters be issued to
Steven P. Miner, Esquire
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(Dare)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of ,
Deputy for Register of Wills
Form RW-06 rev. 10.13.06
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(signature)
I, Betty Franklin , in my capacity/relationship as
(Print Name)
sister-in-law of the above Decedent, hereby renounce the right to
747 Greenview Avenue NE
(Street Address)
Atlanta, GA 30305
(City State. Zip) ,`,0~~~~~IIIq~%,
~~~• P ADq
Executed out of Register's
Deceased
OR?
Before the undersigned personally a~
party executing this renunciatiori'~(~ ert'
that he or she executed the renunc
purposes stated within on this 1 ~ e~~ ~C
of _~(~.(., ~t a
n~,~~, o ~~ (~? _ _~j
Notary Public ~ ~ r q / 13
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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RENUNCIATION ~ ° ~ ~'~'" ;
~= c-~ ~v ~ ,-- ~ ;
REGISTER OF WILLS ~' ~ ~"' ~ ~'
Cumberland COUNTY, PENNSYLVANIA c~c..3 -„ ~-
Estate of Charles L. Franklin _ ,Deceased
I, M & T Bank , in my capacity/relationship as
(Print Name)
Executor of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Steven P. Miner, Esquire
March 15, 2010
(Date)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of
~~
(Signs )
One West High Street
(street Address)
Carlisle, PA 17013
(City, State, Zip)
Executed out of Register's O, Bice
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
purposes stated within on this ~ day
of ~(~ Ql.t 1~ _ _ th 1 t)
Deputy for Register of Wills
Form RW-06 rev. 10.13.06
Notary Public + i1~aaJao/~
My Commission Expires: d
(Signature and Seal of Notary or other offacial qualified to
administer oaths. Show date of expiration of Notary's Commission.)
co~inoNVVEA~rH og PeaNSnva~~
Notarial Seal
Gwendolyn E. Killian, Notary Public
Carlisle f3oro, Cumberland County
rally Commission Expires Nov. 22, 2012
llAsrnber, Pennsylvania Association of Notaries
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CERTIFICATE OF AUTHORITY -.J ~
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MANUFACTURERS AND TRADERS TRUST COMPANY . y -a ~ ~ ~ " ` -'
I, Jane F. Burke, a Vice President of the MANUFACTURERS AND TRADERS TRUST
COMPANY, do hereby certify that the following is an abstract from the By-Laws of said corporation,
which are now in force:
"The Chairman of the Board, the President, any Vice President, any Assistant Vice
President, the Secretary, any Assistant Secretary, the Treasurer and any Trust Officer shall each have
power and authority:
"To sign, countersign, certify, issue, assign, endorse, transfer andlor deliver notes, checks,
drafts, bills of exchange, certificates of deposit, acceptances, letters of credit, advises for the transfer or
payment of funds, orders for the sale and for delivery of securities, guarantees of signatures, and all other
instruments, documents and writings in connection with the business of the corporation in its corporate or
in any trust or fiduciary capacity;
"To sign the name of the corporation and affix its seal, or cause the same to be affixed, to
deeds, mortgages, satisfactions, assignments, releases, proxies, powers of attorney, trust agreements, and
all other instruments, documents or papers necessary for the conduct of the business of the corporation,
either in its corporate capacity or in any trust or fiduciary capacity;
"To endorse, sell, assign, transfer and deliver any stocks, bonds, mortgages, notes,
certificates of interest, certificates of indebtedness, certificates of deposit and any evidences of indebted-
ness or of any rights or privileges which now are or may hereafter be held by or stand in the name of the
corporation, either in its corporate capacity, or in any fiduciary or trust capacity, and to execute proxies,
powers of attorney or other authority with respect thereto;
"To accept on behalf of the corporation any guardianship, receivership, executorship or
any general or special trust specified in the Banking Law of the State of New York;
"To authenticate or certificate any bonds, debentures, notes or other instruments issued
under or in connection with any mortgage, deed of trust or other agreement or instrument under which the
corporation is acting as trustee or in any other fiduciary capacity;
"To sign, execute and deliver certificates, reports, checks, orders, receipts, certificates of
deposit, interim certificates, and other documents in connection with its duties and activities as registrar,
transfer agent, disbursing agent, fiscal agent, depositary, or in any other corporate fiduciary capacity.
"The powers and authority above conferred may at any time be modified, changed,
extended or revoked, and may be conferred in whole or in part on other officers and employees by the
Board of Directors or the Executive Committee."
(continued on next page)
,,~ . ,
CERTIFICATE OF AUTHORITY -Page 2
I further certify that the following is a true and correct copy of a resolution duly adopted on
November 15, 1976, by the Executive Committee of the Board of Directors of MANUFACTURERS AND
TRADERS TRUST COMPANY at a meeting duly called and held in accordance with the By-Laws, at
which a quorum was present and acting throughout, and that such resolution has not been amended or
revoked and is now in full force and effect:
"RESOLVED, that pursuant to the authority conferred upon the Board of Directors by
Article IV, Section 14 of the By-Laws of the corporation, all of the power and authority
conferred by such Section on the officers mentioned therein shall, until further action of
the Board of Directors or the Executive Committee of this corporation, be, and it hereby
is, conferred upon each person duly elected or appointed to the following offices with this
corporation: Vice Chairman, Banking Officer, Audit Officer, Municipal Securities
Officer, Pension Officer, Security Officer, Senior Appraisal Officer, Trust Officer, Trust
Investment Officer. "
I further certify that the following persons are the duly elected, qualified, and acting
incumbents of the offices set forth opposite their names and (if not deleted) that the signatures appearing
opposite their names are the genuine signatures of such persons.
NAME OFFICE SIGNATURE
David C. Gority Vice President
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
MANUFACTURERS AND TRADERS TRUST COMPANY this 16th day of March, 2010.
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Jane .Burke, Vice President