Loading...
HomeMy WebLinkAbout08-18-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA Estate of Thomas W. McMillen (~'~ File Number :T I ' l L' -- E--~ `J<~-~ also know,naAs ~ -"~t~)~ ceased Social Security Number 199-03-4390 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 Executrices last Will of the Decedent dated 10/05/2002 and codicil(s) dated None (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: No Exceptions B. Grant of Letters of Administration ~ ; '~' (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lire; durante absentia; duranz~n3iritate) __ = , P.=~ Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse:(if'~y) an~Reirs: (If Administration, c.t.a. ord. b. n. c.t.a., enter date of Will in Section A above and complete list of heirs.) -- ~=~ ~-n ~---- --. ..r.~ named in the ice' •~~% ~.~ ~,~~ ~ ~ _ , -- ._ _, _., --7 , ~ ~ .-- ~y ~ t. , ~ [ Y (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 2624 Walnut Bottom Road, Carlisle, PA 170150000 (Penn Township) (List street address, town/ciry, totivnship, county, state, zip code) Decedent, then 92 years of age, died on 8/12/2010 at 2624 Walnut Bottom Road, Carlisle, PA 170150000 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 130,000.00 (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: 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: Si nature T ed or rinted name and residence ArJ ~~ ~~ ~~~~ Gail M. Black, 60 Conway Street, Carlisle, PA 170130000 C~ C~-Z ~~ ~ ~,~ ~ /~~ Charlotte M. Klein, 2624 Walnut Bottom Road, Carlisle, PA 170150000 Form RW-02 rev. 10.13.06 Page 1 of 2 _OC~AL REGISTRAR'S CERTIFICATION OF DEA1'R Uii~4i=tNINC: It is illegal to duplicate this copgo by photostat or photograph. ~'t-'t' fOt- lhi~ Ct'i'!;!M il'al:'_ `'eft.( II ~ ~ ~ ~;~,,. ,Irr'''P~~?~ ~F,pF .~ ;~tt~`~ ~,~ -=~ ;,;1'0~,' ~`~~-~~, r; .r,' `- ' ~ i ~ ;~ ~\. +~. - ---- __.-- -_ __.._ _ _ _ - - f N~ D r ~6~'his iti tO L:ea-tif>-~ th<)t the illfisrmation hem given is ~~~~-ectly r~~pied t~r(1n~ an t>rigir.~al Certificate of~ Death 11)Ily l~ilcd pith Inc r)s 1,t~ca1 Etiegi~~trar. Th,e ~~riginal ~ r~rtit-i~ ate w~i11 rte ttt:,-hval-de~1 to the State Vital ~Ze~xn•~i~, Ofticc i~~~r I7eI-I»anerlt filing. ~_(~Ical I~e~~I~tr~tr Date Issued ..~ C:7 ~:~ ,. , r 7 ~,.. ;., t` _"~ .... „ - _ .~.. r ._ -. _ .~ :~ µr . f4 ~ 1105-143 REV 11/2008 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS TYPE /PRINT IN PERMANENT CERTIFICATE OF DEATH BLACK INK (See Instructions and examples on reverse) STATE FILE NUMBER 1. Name a Decedernl (Fret; middle, last, sulfltr) 2 Sex 3. Sodel Security Number 4. Date d Death (Month, day, year) Thomas W. McMillen, Jr Male 199 _ 03_ 4390 Aug. 12, 2010 5. Age (Last Binftdayj lMder 1 r Under 1 day 6. Date d BiM (Madh, day, r) 7. Birthplace Cgy and state or breign canlry) Ba. Place of Death (Cheer only one) 92 ~"°° era '~'" "`""" Feb. 14, 1918 Clairton, PA Hoepltal: Other. Yrs. ^ Inpatient ^ ER / Outpatlent ^ DOA ^ Nursing Fbme ^X Residence ^Other • Speciy: Bb. County a Death Bc. City, Boro, Twp. of Death Bd. Fariflty Name (If not ktstltutlon, give street and number) 9. Was Decedent d Hispanic Odgin7 ®No ^ Yes 10. Race: American Indian, Black, White, etc. Cumberland Penn Twp. 2624 Walnut Bottom Road olyea,epeaycuban, (spea/y) Mexican, PueM Rican, etc.) White 11. Decedent's Usual lbn Kind d work done Our most a IHe. Do nd state refired 12. Was Decedent ever h the 13. Decedents Educalbn (Spedry onry highest grade completed) 14. Metflal Status: Menied, Never Manied, 15. Surviving Spouse (II wife, give maiden name) rd a Kind d Buakress / Irxlrstry U.S. Amted Forces? Elementary / Secondary (0.12) Cdlege (1.4 or 5+) Widowed, Divorced (Specify) High Sc~ioo"~°cprincip 1 public School ®Yea ^Nd 5+ Widowed. - 18. Decedent's Malang ( sty /town, stele { ) Decedent's PA Did Decadent 2624 WalIlllt bottom ICOS~ AaaalReaiderrca nesters Liveha ,7c.®Yes,DecedentLi„ed;n Fenn Twp. Carlisle, PA 17015 1m.~,,,,ry Cumberland T°"'"~i1p7 17d.^No,DecedamLivedvritldn actual UrNls a city / Bono 18. Father's Name (Flet, midde, lest, suffix) 19. Momer's Name (Flrst, rttiddle, maiden samaras) Thomas W. McMillen Maretta Grace crloan G J Zoe. Informant's Name (Type / Print) Ga 11 B 1 a C k 2 ' I 1 Ys MaYhg (Street ~ /town slate code) ~6~~onwayt. , `~arlis~e, PA 17013 z1 a. Method of Disposition ~] cremation ^ Donation z1 b. Date a DL9positlon (Monty, day, rear) 21c. Place d Dispositbn (Name al cemetery, aemetory or outer place) z1 d. Locatbn (City I town, state, zip code) ~ ^ Burial ^ Removal fromSlare I WasCremstionaOonsBonAutttorizud August 14, 2010 Hoffman-Rot Funeral Home & Carlisle p omen - s edlcalExaminerlCoronerT Yea^No rematory , PA 17013 - 22a. SigneWr ~une Service (or ~ 22b. License Number 22c. Name and Address a Fadlity . - - - 13R5f14 Hoffman-Roth Funeral Home & Crematory, Inc. Complete Rams 23ac on tYh9 physician is its aveaable at time a death to 23a. T I my krtow4edga, death orxu ad at the Brae, date and place slated. (SigrtaWre and tltle - i ~ ' ~ ~ 23b. License Number y " 23c. Date Signed (Month, day, Year) ~~ly au~ ~t deem i ~~~-~,, ~~ s~~~/ ,~,~~1 G ~- ,~t ~ L- -'~~.~ 3 /~ C~`~ -~,~ ~a l0 - flame 24-20' mrrsl be completed by person who pronourr„es death 24. Time d Death ~ ~ 25. I'Atepr~ntxtced~Dead (Nbnal, day, ear) ' ~ • ~ /G~ 26. Was t',asa Referred to 6raminer /Coroner for a Reason Other ittan Cremation or Donalbn7 . M. C' ^ Tee 1 .w,,..,,.,-w.,w,..,. Item 27. Pad I: Enter the Utah devents - dlseaees, , ar cortpNcatlorre - that drectly ceased ale deem. DO NOT enter lerntinal events such es cardiac arrest, 1 Onset ro Death resplretery 8n881, IX YBrItdCl~Bf fritdfletbn wfltled atlOWhg the BIIOIegY. List erll'f Orle Ca1156 en Bach grle 1 Td, ,,. o~~ w~A anm~~ - •~ -.. •••••- •,•,•,,,•~~.~, ,,• •r-",, but not insulting h the UlWadyklg cause given h Pad i. za. rho iooecco use ~ontnouta w ueamt ^ Yes PfWady . ~ ~ IMMEDIATE CAUSE Fnal disease a o ^ Unknown CorMilion %su8hg In ~am) ~.."~ ~ s 29. If Female: ~ . Due to (or as a ~ S Mi l p li8 ~ aq ce 1 ~ ^ Nol pregnant wi1Nn pest year eque a ty si wrs ons, if any, b• -. ~ / e _ ~ ~ leadug a tare cause wstad an kne a. ^ Pregnant at Ume of death Due to conseq ) Enter fha UNDERLYING CAUSE (or as a uence of : r ^ Na pregnem, but pregnant within 42 days - r 1 evdan~ceresIXirlt ~tah)reLAST~ c' of death Due to (or as a cortsegrrence of): ~ ^ Not pregnant, but pregnant 43 days to 1 year d. r 1 before death ^ Unknown II pregnant within the past year 30a. Was an Autopsy Pedomted7 30b. Were Autopsy Findings Avapeda Prpr to Completion 31. Manner a beam 32a. Dale d Injrxy IMonm, day, Year) 32b. Describe Haw Injury Ocarned 32c. Place a Injury: Hortte, Farm, Slreel, Factory, d Cause d Death? Natural ^ Fiomiciris Office Building, eta (Seedy) ^ y~ ~7,~ ' ~ ~' ^ y~ ^ ~ ^ Accident ^ Pending Investigation 32d. Time a Injury 32e. Injury at Work? 32t. If Transportation Injury (SpecilyJ 32g. lnration a In)ury (Street, dty /town, state) ~ ^ Subide ^ Cottb Na be Delemthed M. ^ Yes ^ No ^ Dm'•r I Operator ^ Passenger ^Fedesttlan 33a. Certifier (dwck only one) Certllyln9 PhY•ki•n (~Y~•n ~BYh9 cause of death when another 33b. SlgnaWre and Tilt a Cerlgrer To ale beat of phyeiden ita5 prortorxrsd deem end correlated Item 23) r i~~/ rap knorlsdga, death oceumd due to the awe(s) and rrlaruler as stated_ _ _ _ _ _ _ _ __ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ ~ ~/ ~ F • Pronouncing and annyhg ptryddrt (PhyaMaart both prortorxtartg death and certityhg to cause d deem) 33c. License yurttber / 33d. to Signed (Month, y, year) /~ = To ltte bast of my krlowledga, deslh occumd N the time, date, and place, and due to the ease(s) arld manner as Nated_ _ _ _ _ _ _ _ _ _ _ _ ^ !~ ,ft ~ ~ ~ / J I ~ ,L ~ • ~l , o Medial Examiner / Coroner - - - - - - IF~1 AVL !v w On tM basis d examination and / of Investigation, In my opinion, deem occumd at the Brae, dale, eM pka, rend due to the ease(s) and manner as staled- ^ ~ Name and Address of Person Wla CortKtleted Cause of Death (Item 27) Type t nt 0 DONALD J. KOVACS, MD 0 35. Registrar' lure artd District yumber (~ ,,) n 3(6~Dale Filed (Monet, day, yearn) Yelbw Breeches Famiy Practice Center z , e. tt'~ . ~O.u~~~~Cl~~ ~ ~ ~ I ~ I I I ~ l ' rm` f,C1,.. ~ ryi ~~ ~ 1 ). ~ 1358 Lutriown Rd., 9alin9 SPrirtgs, PA 17007- t Disposition Permit No. LAST WILL AND TESTAMENT OF THOMAS W. McMILLEN I, THOMAS W. McMILLEN, of Penn Township, Cumberland County, Pennsylvania, declare this to be my Last Will, hereby revoking all prior wills and codicils. FUNERAL EXPENSES FIRST: I direct the payment of my funeral expenses, including my gravemarker, as soon as may be convenient after my death. PAYMENT OF DEATH TAXES SECOND: I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of the expense of administration of my estate. DISTRIBUTION OF PERSONAL PROPERTY THIRD: I give all my personal property, household goods and automobiles, in equal shares, to my two daughters, Gail M. Black and Charlotte M. Klein, or their issue, per stirpes. BEQUESTS FOURTH: I give the real estate, amounts or items to the following individuals: A. To Gail M. Black, my daughter or her issue, my real estate in Milroy, Mifflin County, Pennsylvania, being mountain land and containing forty- two (42) acres, more or less, my cabin property in Pine Grove Furnace, Cook Township, Pennsylvania, which I lease from the Commonwealth of Pennsylvania and the sum of Twenty-four Thousand ($24,000.00) Dollars; and B. To Charlotte M. Klein and Thomas S. Klein, or their issue, all of my interest in certain real property, together with the improvements thereon -, erected situate in Penn Township, Cumberland County, Pennsylvania, =- ---° ~~ ~ containing five (5) acres, more or less. . ~- ..e . . ~.:._ s.: ~ `_ ._.. ..~__ ~ ~ _; ~ ; nitials ~~r' ~_ W -.. ___ , aa1~ Y::. ~.___ . .. . .. ~" ;:'~~ F ~ { e ~ DISTRIBUTION OF RESIDUE FIFTH: I give the rest of my estate, in equal shares, to my two daughters, Gail M. Black and Charlotte M. Klein, or their issue, per stirpes. MINORS AND INCAPACITATED BENEFICIARIES SIXTH: If any income or principal shall be payable to any person who shall be a minor or who shall be incapacitated for any reason, my executor as trustee shall hold such income and principal during minority or incapacity and shall be entitled to apply such income and principal to the health, maintenance, support and education of such person during minority or incapacity without the appointment of any guardian or committee or any authority of court. My executor as trustee shall be entitled to make direct application hereunder or to make application by payment of income and principal to the parent or other person in charge of such minor or incapacitated person, or to his or her guardian or to a custodian under the Uniform Transfers to Minors Act. Any remaining income and principal to which such person shall be entitled shall be distributed to such person upon the termination of minority or incapacity. My executor as trustee shall have the same powers as my executor. POWERS OF EXECUTOR SEVENTH: I confer upon my executor the right to sell or otherwise convert any real or personal property at public or private sale, at such time or times, in such manner, and for such price or prices, and on such terms and conditions as my executor shall determine, and to execute and deliver good and sufficient conveyances, assignments and transfers of the property, without liability of any purchaser for the application of any consideration; to borrow money and to secure its payment by mortgage of real or personal property, pledge of investments, or otherwise, without liability on the part of the lenders to see to the application thereof; to retain any investments at discretion; to invest and reinvest at discretion, without restriction to so-called "legal investments"; to make distribution in cash or in kind; to allocate and distribute different kinds or disproportionate shares of property or undivided interests in property among beneficiaries, in cash or in kind, or partly in each; and to do all other acts and things necessary or appropriate in the management, administration and distribution of my estate. APPOINTMENT OF GUARDIAN OF ESTATES OF MINORS EIGHTH: I appoint my executor as guardian of the estates of minors with power to hold all property payable by law to a guardian appointed by my will and to use it for the minor's health, maintenance, support and education, either directly or by payment to any person selected by my executor to disburse it whose receipt shall be a complete acquittance. Guardian may, in discharge initials of all the guardian's duties, pay any minor's share deemed impractical of administration to the parent or other person in charge of the minor or to his or her guardian or to a custodian for the minor under the Uniform Transfers to Minors Act. My executor as guardian shall have the same powers as my executor. APPOINTMENT OF EXECUTOR/RIN NINTH: I appoint Gail M. Black or Charlotte M. Klein, or the survivor thereof, as Executrix of my will. WAIVER OF BOND TENTH: I direct that no fiduciary hereunder shall be required to furnish bond in any jurisdiction, and if any bond is necessary, no surety shall be required. INTERCHANGEABILITY OF LANGUAGE ELEVENTH: Words used in the singular may be read to include the plural or the plural may be read as the singular. Similarly, the masculine form may be read to include the feminine and neuter; the feminine may be read to include the masculine and neuter; and the neuter may be read to include the masculine and feminine. HEADINGS TWELFTH: The headings used on the various paragraphs of this will are included for convenience only and shall have no legal significance. ~''r day of ~ I have signed this will this ,~ ~ S , 2002. ~' Thomas W. McMillen ~~ Witness `~ r ~ / . Witness ACKNOWLEDGMENT and AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND We, Thomas W. McMillen, the Testator in and the undersigned witnesses to the will, the attached or foregoing instrument, who have signed the instrument, having been qualified according to law do depose and say: (a) that I, the Testator, do hereby acknowledge that I signed the instrument as my will, that I signed it willingly and as my free and voluntary act for the purposes therein expressed; and (b) that we, the witnesses, were present and saw the Testator sign and execute the instrument as his will, that he signed it willingly and executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the will as a witness and that to the best of our knowledge the Testator was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. ~~ ~ Thomas W. McMillen Witness ~ ,. ,- ~. , ;- Witness Notary Public Notarial Seal Robert R. Black, Notary Public Carlisle Bono. Cumberland County My Commission Expires Sept. 10, 2005