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Home My WebLink About08-31-10IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, ORPHAN'S RUTH A. LONG COURT DIVISION ,~~, ~~ ~ 1~ PETITION FOR PROBATE OF LOST WILL ~ ~ ~ = n c~-~ ~ -- ,~ ,. - :~~~~ .. - TO THE HONORABLE GLENDA FARNER STRAWSBAUGH, REGISTER OF`- .? ~' , _v -~ ~ ~ ` WILLS AND CLERK OF ORPHAN'S COURT: ~ ~, ~`~ .~-~ Your Petitioners, Jesse W. Long and Maynard L. Long, respectfully represent: 1. Your Petitioners are Jesse W. Long and Maynard L. Long, named as Executors in paragraph No. 6 of the Last Will and Testament of Ruth A. Long, dated Apri18, 1981, a copy of which is attached hereto marked Exhibit "A." 2. Ruth A. Long died on July 29, 2010, a resident of 200 Sulphur Spring Road, Carlisle, Middlesex Township, Cumberland County, Pennsylvania. 3. Decedent Ruth A. Long made a Last Will and Testament dated Apri18, 1981, a copy of which is attached hereto marked Exhibit "A." 4. The original Last Will and testament of dated Apri18, 1981 has been lost or mislaid. 5. Your Petitioners are convinced that Decedent did not intend to delete or rescind the provisions of her Last Will and testament dated April 8, 1981. In part, this belief is based on the fact that the Decedent preserved and maintained a copy of that will with her important papers. Petitioners believe and aver that Decedent thought that the copy was the original will. 6. So far as is known to your Petitioner, the assets of the estate of Ruth A. Long consist of a bank account with Sovereign Bank, with a balance of approximately $14,600.00 and miscellaneous personal property. Petition For Probate of Lost Will Page 1 of 3 7. Decedent died as a widowand was survived by 6 children, as follows: Jesse W. Long Maynard L. Long, Jr. 1152 Easy Road 201 Sulphur Spring Road Carlisle, PA 17015 Carlisle, PA 17013 Faye Hain 10 Circle Drive Carlisle, PA 17013 Thelma Snyder 324 Acre Drive Carlisle, PA 17013 Brenda Long 200 Sulphur Spring Road Carlisle, PA 17013 Judy Johnston 52829 200`b Street Morris, MN 56267 8. Two children, Leroy Long and Louise Otto, predeceased the Decedent leaving the following surviving issue: Heirs of Louise Otto Heirs of Leroy Long Robert Otto, Jr. Anita Long 7741 Wertzville Road 1916 Fry Loop Avenue Carlisle, PA 17013 Carlisle, PA 17015 Steven Otto 3670 Carlisle Springs Road Carlisle, PA 17013 Kristie Long 317 Zion Road Mt. Holly Springs, PA 17065 Cindy Willhide 1526 Terrace.Avenue Carlisle, PA 17013 Petition For Probate of Lost Will Page 2 of 3 9. These 8 children and 5 grandchildren would constitute the sole heirs-at- law had the Decedent died intestate and all are heirs pursuant to paragraph 4 if the will is admitted to probate. 10. It is believed and averred that probating the copy of the Last Will and Testament of Ruth A. Long, dated Apri18, 1981 will be in the furtherance of doing what the Decedent had intended. 11. Petitioners have filed contemporaneously with this Petition documents necessary for the probating of the copy of the will. WHEREFORE, Petitioner prays that a copy of the Last Will and Testament of Ruth A. Long, dated Apri18, 1981, be accepted for probate as the Last Will and Testament of said Ruth A. Long, agreeable to the provisions of Section No. 3132 of the Pennsylvania Probate, Estates and Fiduciaries Code, (20 Pa. C. S. A. 3132) as interpreted by various cases including In Re Forish's Estate 40 D. & C. 2d 15. Respectfully Submitted, ~.J ~ - Robert G. Frey Sup. Ct. I.D. No. 46397 5 South Hanover Street Carlisle, PA 17013 717-243-5838 We verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. § 4904 relating to unsworn falsification to authorities. Dated: August 24 , 2010 Jesse W. Long ~. Maynard L. Long, Jr. Petition For Probate of Lost Will Page 3 of3 LAST WILL AND TESTAMENT OF RUTH A. LONG I, RUTH A. LONG, widow, of Middlesex Township (200 Sulphur Springs Road, Carlisle) Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament hereby revoking and making void any and all Wills by me at any time heretofore made. 1. I direct my hereinafter named Executors to pay all of my just debts and funeral expenses as soon after my death as may be found convenient to do so. 2. I give, devise and bequeath an amount equal to eight (8%) percent of the gross amount of my estate in equal shares to such of my five daughters as shall survive me by a period of Ninety (90) days, the share any deceased daughter would have received to be paid to her issue per stirpes and if there be no issue such shares shall lapse and be disposed of as a part of the residue of my estate. My five daughters are Faye L. Stewart, Louise C. Otto, Thelma K. Snyder, Brenda L. Long, and Judy A. Long. 3. If I am still the owner at the time of my death of the tract of land situate in Middlesex Township, Cumberland County. Pennsylvania, containing 24 Acres, 98 perches, more or less, and improved with a dwelling house, said premises being described in deed from William Lee Adams and wife to Maynard L. Long and wife dated May 1, 1962 and recorded May 15, 1962 in the Office • of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsyl- vania, in Deed Book "N", Volume 20, Page 86, together with a 50-feet wide right-of-way exce~d~d reserved by mDe~~ d~xn~g from Township Road T-708 ~/~T~ ~~ a ect to - through the 2[d]O~d1~:~' owned by me whit I/co vey to my son, Maynard L. Long, Jr. and wife, in such event I direct my hereinafter named Executors Page i of 3 Pages ~ '~ to give first opportunity to purchase said tract of land containing 24 Acres 98 perches, more or less, to my son, Maynard L. Long, Jr., on such terms as my Executors shall determine with the approval of a majority of my five daughters, provided hpe~shall exercise such right within Ninety (90) days from the date the propa d terms and conditions are communicated to him in writing from my Executors, but should he decline or neglect to complete the purchase of same in accordance with such terms,. then I direct that my hereinafter named Executors shall proceed to sell the same thereafter free and clear of this right of first privilege to purchase, provided that thereafter my said son, Maynard L. Long, Jr, shall have a right of first refusal to purchase same on whatever terms and Conditions are acceptable to my Executors for the sale of said premises to a third person, provided my son, Maynard L. Long, Jr. shall elect to purchase same on such acceptable terms and conditions within ten days from notification in writing to him to accept or decline to purchase same. 4. All the rest, residue and remainder of my estate, including the proceeds of sale of property mentioned in paragraph #3 above, I give, devise and bequeath in equal shares to such of my eight children as shall survive me by a period of Ninety (90) days, the share any deceased child would have received to pass to such of his or her issue, per stirpes, as shall survive such deceased child by a period of Ninety (90) days. My eight children are the following persons: Faye L. Stewart, Louise C. Otto, LeRoy H. Long, Thelma K. Snyder, Jesse W. Long, Maynard L. Long, Jr. , Brenda L. Long, and Judy A. Long. 5. Should any person less than 18 years of age be entitled to distri- bution from my estate, in such event I nominate, constitute and appoint Commonwealth National Bank and its successors, 1 North Hanover Street, Carlisle, Pennsylvania, as guardian of the estate of each such person and authorize and direct it to receive and to invest the same, and to pay the ~~~ Page 2 of 3 Pages income arising therefrom, together with so much of thc• principal thereof as in its opinion is necessary or desirable to be expended For the proper maintenance, support and education of such person, to or for the benefit of such person, and upon such person attaining 18 years of age to pay to him or her the then remaining principal together with any undistributed income. 6. I hereby nominate, constitute and appoint my three sons, i~eRoy H. Long, Jesse W. Long, and Maynard L. Long, Jr. , or any of them, as Co-Executors of this my Last Will and Testament and direct that they shall be paid a commission Por their services as Executors in the amount of Five (5%) percent of the gross value of my estate as determined for purposes of Pennsylvania Transfer Inheritance Tax, and I further direct that none of them shall be required to post any bond to secure the faithful performance of his duties in .the Commonwealth of Pennsylvania or in any other jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament written on 3 pages this 8th day of April, 1981. ~„ SEAT. ) Ru A. Long Signed, sealed, published. and declared by RUTH A. LONG, the Testatrix above named, as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. i'1n,~,~- ~, Page 3 of 3 Pages ~ ~ ~~