Loading...
HomeMy WebLinkAbout07-02-10PETITION FOR PROBATE AND GRANT OF LETT''ERS REGISTER OF WILLS OF CUMBERLAND Estate of Betly Jane McAllister also known as COUNTY, PENNSYLVANIA File Number 2170-Q /O ~' ,Deceased Social Security Number 162-22-6462 Judith Scott McAllister Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE A' or B' BELOW) ' ^X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the last Will of the Decedent, dated and codicil(s) dated named in the 05/10/2002 State relevant circumstances, e.g., renundetxm, 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 tfheinstrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ^ B. Grant of Letters of Administration Petitioner(s~ after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse I(ff any) and heirs: (If Administratron, c.t.a. ord.b.n.c.t.a., enter date of wll in Section A above and complete list of heirs.) Name I ° -c; ~:. ~ r.4 C r;`j I r : ~ N . ; . te ~ ~ _ e a - .._. .~- (COMPLETE INALL CASES:) Attach additional sheets if necessary. = Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal r~ideh~e at ca ~~ 325 Wesley Drive, Mechanicsburg, Lower Allen Township, Cumberland, PA 17055 ~ (ust street address town~rty townsMp county state np code) ~ ~ Decedent, then 84 years of age, died on 06/11/2010 at Decedent at death owned property with estimated values as follows: (If domiclled in PA) All personal property (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: a soo,ooo.oo S Wherefore, PBUhoner(s) respectfuly request(s) the probate of the leaf Will and Codicil(s) presented with this Petition and the grant of Letters the undersigned: or printed name and reside~ic 210 Cumberi n Lemoyne, PA I 1 appropriate town to Form RW-02 Rev. 1ar3-loos Copyright (c) 2008 form software only The Lackner Group, Inc. 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 the knowledge and belief of Petitioner(s) and that, as person>resentative(s) of the Decedent, Petitioner(s) will well ~ administer the estate according to law. (( \` ~,..~ . Sworn to or affirmed anbscribed befo me this ___~ __ day of ,~i~ For the Register J best of Signature o/Persona/ Representative w ea ~'" File Number: 21-10- - se7 Estate of Betty Jane McAllister ~~..r ~ f... t ~..^ 7 ~"' ~..1 - ~ ~ •-- ~'T-. :~ t....K - ~ i'r ~ ~ ~.~> Ci Social Security Number: 162-22-6462 Date of Death: 06/11/2010 AND NOW, ~/ ~/O , in consideration of the foregoing Pet~ti~n, satisfactory proof having been presented before me, I DECRE that Letters Testamentary are hereby granted to Judith Scott McAllister ~-~ and that the instrument(s) dated 05/10/2002 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. in me aoove estate FEES Letters ............................................ $ ~ 00 ~ . Short Certificate(s) ........................ $ ReW was t'~U Ren nciation(s) ............................. $ -- Attorney Signature: ~n 1~`'~`.i(,C 1 $ 15.oa Attorney Name: Michael L. Bans ~_ C S $ l3 ~ ~,c~ $ Supreme Court LD. No.: 41263 00 $ Address: 429 South 18th Street $ $ Camp Hill, PA 17011 $ Telephone: 717/730-7310 TOTAL .................................... ~ sp r-onn R{N-02 Rev. fo-T3-zoos Copyright (c) 2006 Tarn scllWare onty The Lxkner Group, Ina Page 2 OT 2 - - - -- _. _. _... _.. _.- __ ~I _ __ )ossos xev cmro~~ _ - LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $r5.00 • P 16586762 Certification Number. iP~nrir~ir°0° r 84 This is to certify'tl~at the information here given i. correctly copied from an original Certificate of Dead duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office .far permanent filing. ~~,. ~~ ~~ .JUN 1- 20 Local Registrar Date Issued ' C.. r`~ft j f"„ ._ , i _ ~'~ ~~ f~ tV t~ ~ y ~~ ,--~ . ~ ~ ~ ~ ~ 3 1:..~ ~ ~ ~ ~ ~ COMIEONWEALTH OF PENNSYLVANFA • DEPARTMENT OF HEALTH • VITAL R C .~ W . ~ ~ E ORDS c~rnrtcnrt of t~t,ani ••, G (Sw Irubuotlonll aM Innmpbs on rw~rr>•) Imo, w11ao, IbL - STATE PILE NUM9Eq '~~ ,Jane McAllister o usr ~ urr ~ Femme s].e a a: ~e•~rrr~•b '" ~ L 6462 ". o'~d1 Iwws. ~c 7.d 31 2010 „„*, p„ Irw rrr a 7• nd•bba 4Plwdpwll v ° ~ June 1 1926 Eiarrisbur . PA r"` ^ seaAtac~a,7wp.ao.rn aewo.yw.b~lndbw wlb~,,w.w.a.ee ~ ~ ^n.www ^oMr. s~y~: ''~ bailer Al].ert Be Vil ~ ~ no d7~ ~ ate. ,a aaas. ~ wlrr. ~. a lraori, Ba11D P1own, ilal da1Mw1~ aswnrrl~, rEficer Pubs c CJtilt 12 MY ae~errdwr h b tRB.MxbdPOwro7 DMI. ~b 1Zl OweldrM'~ E4gYpn eana+brr ~~ ~w T,~'~ 14.1b11YlIriC Mnr4 Nrw v r 1 a^~q~•M'•~.9~+•ridonnrn) ouMw Isra, ayrbwn, aae+. ~ Dodo} _ 2 Ne Ma~zied ~ ' A P ~! sotrr8~ PA 17055 auolRoadrbo rnarr em~Vly naQw.,Maareu~eb ,7n.ca.~y n~rl , i ~ Allen 7rip ~~~. - • t~A.L1I8CPS a ter ~7d.D go,om~urdwlri ~ gar uar a ra-ki.nbw.P~a,n+aw,m~bwwnnr)' pMre°'° ,~r~ P,1sie J. Bless Rowbw! bao 9rb 27a ~^~ SteeNrn•onaN 14Si9 190' ~.~ ~Pr~ w,rdfBeprwraal•) GtMloF~6ATNprrrrbakrwanebmr~pW) Lr LI!r•~ x]N~ IYn 27. Pa1t Errbfa,hSlltl-erwrw,rMa.l,naapbrou,_~,,,q„ys,aralllb doah:oO NO'taNrrrmYW •rar rbnrewYe Yna, ~ ~PpmMnorbbMt PtlREYaoIAr~~ blPYaorywwM,orwNa1,r16rtai~MnfarMVleM•bOKLMsyorrorboawwafib. ~ OnabONb Earolnr#gbMua ~" ~ f N ~C N l Tl p t'~J ' ;'~"'i~o~ b. ~WT ~°~~4 ~lii u.lflt~ ~.t 041u7 ~~, , ~~ a Por . ea.viris ' Wb orrwmraoyibib, ~ d. i >k Ybo waAaipy ~.Y~Yb AroP•P~ 81.UwraDwah ~ PabbbO! Anlrr Pda b Ca~IMOn ~ Opo d 61p' MmR dwy, Y.rl dEt. Owb Now b)wy Oeamtl d Cara0irb7 y~ ^H¢nYdd~ ^ ~• ^ v. p rle ^ ~odaar ^ Pabrq Ywwolpabe ad.7bb a bJuy as. bloy await 9N: ITinpurlai bJa7/areM rra ^am• ^aaa Naaoarmwbd ~ ^w, ^N• ^pLwroPrrw ^Pr.,gw ~pq„ I,,, s1-C•Arr (ap~otayay Otrr- AIM I~Nrl~~pin:oa~'0 aw a 1ooM Mn rbbr Phpiran Aoo Pbibiwod doob as -. , , n'+ w . ,'~'"~" ~ ~ AIIr MaafwSYwY;,, wraalbnr ib bbarMo)awbrrMwY1N..___ m~4rbd Mrw ~ry Vw. fWIV aw•.aMw«+N+rtrMrr~ln~.r,newr ----__-=--~~-------------- RioiNtMq'Yrwb~F.Y•mbw/ab Piawrlp doolll as gM~rybObMddWd • nare.rw,/o,,.w„ rw•,rr.,«Prw•wa arbM•Dab,p)ad~wrrMMWL.___`_____________ ^ ~ O /t.1°1 3"3~ Owllrr.ra..wrrwwrrr.rryrb,,,rwr.A+ow.wreean.erwr~w~wr,wpw,.wwra. •~{ oowoWaawtawwoarwl. ^ an,p,l~,r, jna~.a~P._snbbo 0. ~ a/SQ L,31 /I o71 /I /~ stor.PMaMa+n. ,,w) i"'~ 1'?~R.IM~ ~~ MT-ti^CI i wn,+r Nc. _ 0492724 I n ~~ ~ ~ air, serge D•r ep~bd Maas, d•7, r•al ~l O, i. 1l.OMllhhoom IAe CanYbao b OrihT aorgiAgbP L` O ~• ^RoEoCh' ^ ~ ^ uaobw• ~~I 21. MfaiWe: ----•~ ^ Nap•prilwYhrPUINa ^ Pnprarw»adrn ~`"- ^ laaggww,wrapba.rt~~2d,,, d doM ^ di•b ha pnpr119 dry• b 1 Nwr ^ UNOrwn t7pgbawaYn rM PUrlw ~a Prw d bbn. Ilewr. Prm ae.. a w..,. ~1~-2~--~~;'7 LAST WILL AND TESTAMENT ~ - ~ `3 ~ ~~' OF , ~ .c7~r ~ ~ r~ ~ i"fit F :~ BETTYJANE MCALLISTER I, ~~ ' ""~ f OQ A c „~ r~ Introductory Clause. I, Betty Jane McAllister, a resident of and domiciled ~~ C tt~ DD ' ° i-ri 4 ~~ Township of East Pennsboro, County of Cumberland and Commonwealth of Pe~m~ls lvania, do3 ~ hereby make, publish and declare this to be my Last Will and Testament, hereby r$ oking all Wills and Codicils at any time heretofore made by me. ', ITEM I Direction to Pav Debts. I direct that all my legally enforceable debts, securje~l and unsecured, be paid as soon as practicable after my death. ITEM II Direction to Pav All Taxes from Resid Estate. I direct that all estate, succession, death or similar taxes (except generation-skipping transfer taxes) assn respect to my estate herein disposed of, or any part thereof, or on any bequest or ~ in this my Last Will (which term wherever used herein shall include any Codicil any- insurance upon my life or on any property held jointly by me with another or made by me during my lifetime or on any other property or interests in property is estate for such tax purposes be paid out of my residuary estate and shall not be ch against any recipient, beneficiary, transferee or owner of any such property or inti property included in my estate for such tax purposes. ITEM III give and bequeath all my personal and household effects of every kind including b~ to furniture, appliances, furnishings, pictures, silverwaze, china, glass, books, jewe appazel, boats, automobiles, and other vehicles, and all policies of fire, burglary, pi damage, and other insurance on or in connection with the use of this property, to m Scott McAllister. I request that my beneficiazies and my Personal Representative a memorandum by me directing the disposition of this property or any part thereof. precatory and not mandatory. If any beneficiary hereunder is a minor, my Personal Representative may distribute such minor's shaze to such minor or for such minor's person with whom such minor is residing or who has the caze or control of such mi with contained ~), or on ~y transfer ed in my lto or in not limited wearing ice, Judith by any request is to any without -1- further responsibility and the receipt of the person to whom it is distributed shall be''a complete discharge of my personal Representative. ITEM IV Outright Gift of Residua_N. I give, devise and bequeath all the rest, residue'Iajnd remainder of my property of every kind and description (including lapsed legacies and devise) wherever situate and whether acquired before or after the execution of this Will as follows.: ~e~ percent (10%) to Zion Lutheran Church, 15 South Fourth Street, Harrisburg, Pemisylvania,~ 'th the stipulation that the money not be used for budgetary line items; and ninety percent ~9I0%) to my niece, Judith Scott McAllister. Should my niece, Judith Scott McAllister, fail to survive me, then and in that vent only, I give, devise and bequeath all the rest, residue and remainder of my property of ev ,~ind and description (including lapsed legacies and devises) wherever situate and whether ~ ' ed before or after the execution of this Will as follows: thirty percent (30%) to the above-men~i~ned Zion Lutheran Church with the above-mentioned stipulation; thirty percent (30%) to my ~i~ter-in-law, Constance L. McAllister; and the remaining forty percent (40%) to be divided and d,i tributed in equal shares to such of the following cousins and second cousins of mine who surviv~ me: Nancy Hartmire, Margaret Reeves, Sarah McAllister Lumpp, and Clair Werner. Should any of the foregoing cousins or second cousins fail to survive me, the ~hare that otherwise would be distributed to that predeceased cousin or second cousin shall ins e his or her heirs at law, to be determined in accordance with the laws governing intes~a a pass to succession in effect in the Commonwealth of Pennsylvania as of the date of my death.. Should my sister-in-law, Constance L. McAllister, fail to survive me, then an{d in that event only, I give, devise and bequeath all the rest, residue and remainder of my prople~ty of every kind and description (including lapsed legacies and devises) wherever situate and wh~~her acquired before or after the execution of this Will as follows: fifty percent (50%) to t~~ above- mentioned Zion Lutheran Church with the above-mentioned stipulation; and fifty perk ' nt (50%) to the above-named cousins and second cousins who survive me, or to their heirs, to lh~ determined as described above. ITEM V " ` "'°"u'u ~~ jc~cniailve 'u c slon P nal R~nresentative's Fees and Other Matters. The provisions for naming the Personal Representative, Personal Representative succession, Personal Representative's fees anki other matters are set forth below: n~ 0.. ~~ a,. n- a -2- (1) Namine an In 'vidual Personal Representative. I hereby nominate,, constitute and appoint as Personal Representative of this my Last Will and Testament Judith Scott McAllister and direct that she shall serve without bond. (2) Namin Individual uccess r or ubsti to Pe nal R esentat'v '. ' If my individual Personal Representative should fail to qualify as Personal Representati a jhereunder, or for any reason should cease to act in such capacity, the successor or substitute P~~sonal Representative who shall also serve without bond shall a qualified person, to be ap~pinted by the Court having jurisdiction over the administration of my estate. ITEM VI Definition of Personal Representative. whenever the word "Personal Repr~s' tative" or any modifying or substituted pronoun therefor is used in this my Will, such words d respective pronouns shall include both the singulaz and the plural, the masculine, feminine an~ $~euter gender thereof, and shall apply equally to the Personal Representative named herein end to any successor or substitute Personal Representative acting hereunder, and such successcjror substitute Personal Representative shall possess all the rights, powers and duties, au~tl~ority and responsibility conferred upon the Personal Representative originally named herein. ITEM VII Powers for Personal Representative. I give to any Executor named in this ~pV'll or any Codicil hereto or to any successor or substitute Executor all of the powers enumerat in this Will and all of the powers applicable by law to fiduciaries in the Commonwealth of sylvani~ and in particulaz through the Pennsylvania Probate, Estates and Fiduciaries Code, asl, and as in effect on the date of my death, during the administration and until the com~~lehon of the distribution of my estate. I direct that all such powers shall be construed in the broa~i~st possible manner and shall be exercisable without court authorization. (1) Power to Acquire and Retain Assets. My Executor is authorized and ~npowere to acquire and to retain, either permanently or for such period of time as my Executorr ' ay determine, any assets, including the capital stock of any closely held corporation, wh{et~her such assets are or aze not of the chazacter approved or authorized by law for investment bye ~duciarie and whether such assets do or do not represent an overconcentration in one investmc~,r (2) Power to Disclaim Interests. My Executor is authorized and empowe~fe~i to dis- claim any interest, in whole or in part, of which I, or my Executor, maybe the benefi~i~ry, devisee, or legatee, by executing an appropriate instrument (in accordance with sectignl 2518 of the Internal Revenue Code of 1986, as amended, or such similaz section as may then >b~ in effect). C -' ° ~~ -3- (3) Power to Sell Assets and Borrow Funds. My Executor is authorized and empowered to sell at public or private sale, or exchange, and to encumber or lease; ffor any period of time, any real or personal property and to give options to buy or lease any such ~ operty. Additionally, my Executor is authorized and empowered to compromise claims, tol ~orrow from anyone (including a fiduciary hereunder) and to pledge property as security theref ' ,!~ to make loans to and to buy property fiom anyone (including a fiduciary or beneficiary herder); provided that any such loans shall be adequately secured and at a fair interest rate. ' (4) Power to Allocate Receipts. My Executor is authorized and empo ~ to allo- cate property, chazges on property, receipts and income among and between princi¢ or income, or partly to each, without regazd to any law defining principal and income. ITE10~ VIII beneficiary and I should die under such circumstancesvasywouldimake it doubtful w~ ~ er the beneficiary or I died first, then it shall be conclusively presumed for the purposes of~ tiffs Will that the beneficiary predeceased me. Testimonium Clause. IN WITNESS WHEREOF, I have hereunto set my hati~i and affixed my seal this ~a~y o f , 2002. n~~~,ro4~J1~~11.) Betty J cAllister Attestation Clause. The foregoing Will was this /(1 ~~, of /n ' 2002, signed, sealed, published and declazed by the Testator as and for her t Will lajnd Testament in our presence, and we, at her request and in her presence, and in the pre Vince of each other, have hereunto subscribed our names as witnesses on the above date. /(, of /off ~j~ of v ~ 4 /705' of ~ ,~/ ~. ' 'gip/~ -4- PROOF OF WILL COMMONWEALTH OF ) PENNSYLVANIA Self-Proving Affidavit COUNTY OF CUMBERLAND ) We, Betty Jane McAllister, and Bridget M. Whitley Linda M. Gutshall and Marjorie A. Callanan th~ ~'estator and the witnesses, respectively, whose names are signed to the attached or foregoing in t~ument, being first duly sworn, do hereby declare to the ~ersigned authority that the Testa4t~r signed and executed the instrument as her Last Will and that she had signed willingly (or v~i~lingly directed another to sign for her), and that she executed it as her free and voluntary ajc~ for the purposes therein expressed, and that each of the witnesses, in the presence and hear~g of the Testator, and in the presence of each other, signed the Will as witness and to the be t of our knowledge the Testator was at that time eighteen years of age or older, of sound mi~c~, and under no constraint or undue influence. P etty J cA lister Witness - Witness ~l '' Witne Subscribed, sworn to, and acifnowledged beffor e b B e McAllister, the Te~t~.tor and subscribed and sworn to before me by Br~dget=fit. Yi~~'ey Linda M. Gutshall and Marjorie A. Callanan witnesses, this ~#~ day of _ rr~,..,1 , 2002. ' '' °~~,`~- Notary Public PATRICIA D. OL ~~` ~ HamPdea Twp,, Cumberand ~yy -5- ~ Z005