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HomeMy WebLinkAbout09-20-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Eleanor K. Lawler also known as Deceased COUNTY, PENNSYLVANIA File Number ~I + I ~~ ~ ~© Social Security Number 176-18-5437 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 Executrix last Will of the Decedent dated October 17, 2005 and codicil(s) dated i (State relevant circumstances, e.g., renunciation, death of executor etc.) named in the r~ -a - ~_ -; rn r: ' 7 ` r- i -_" J' tT1 N ~- -- Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of ~ Z~ment(s~offeretd for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~ ~^-~ -n _ ...i..i _a~ W _.~ B. Grant of Letters of Administration -C~ --t ~_- ~ t,..~ (If applicable, enter: c. t. a.; d.b.n.c.t.a.; pendentelite; duranteabsentia; duranieminoritate) ~,,,r! ~~ 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.) (COMPLETE INALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at ~_ Sarah A. Todd Memorial Home 1000 West South Street Borou h of Carlisle Cumberland Coun Penns Ivania 17013 (Gist street address, town/city, township, county, state, zip code) Decedent, then 88 years of age, died on 09/05/2010 at Sarah A. Todd Memorial Home, Carlisle, PA 17013 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 70,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 0.00 situated as follows: 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: Form RW-02 rev. 10.13.06 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 to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed bore me the ~~ day of Register Personall Signature of Personal Representative N C7 ~ C~ o ~ ~t1 Cn Signature of Personal Representative F'*"f n -~ ~~~~ tV `.~-Cr ~ O File Number: ~ w ~~ 0 Estate of Eleanor K. Lawler ,Deceased ~~ i c:. -; ~ _, - . , ~-; Social Security Number: 176-18-5437 Date of Death: 09/05/2010 AND NOW, I ~~ yin '` °I r t ,~1~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT I DECREED that Letters Testamentary are hereby granted to Rosemary A. Huff and that the instrument(s) dated October 17, 2005 in the above estate described in the Petition be admitted to probate and filed of FEES _ ~~ Letters ............... $ Short Certificate(s) ........ $ . Renunciation(s) .......... $ ... $ ... $ ~•(~ ... $ ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $ ®, as the last Will (and Codicil(s)) of Attorney Signature: Attorney Name: Supreme Court I.D. No.: 34349 Address: 200 North Hanover Street Carlisle, PA 17013 Telephone: (717) 243-5551 Form RW-02 rev. 10.13.06 Page 2 of 2 LAST tiVILL A ND TESTAMENT ~., ~o 0 pin ~ ~ ~ OF n -~;x o 1:7 t--~ C7 C7 O T1 ~ ELEANOR K. LAWLER `~ ~ ~,, ~. I, ELEANOR K. LAWLER, of 101 Strayer Drive, Cazlisle, Cumberland County, ~cr Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declaze this to be my Last Will and Testament, hereby revoking and making void all previous Wills and Codicils heretofore made by me. FIRST I order and direct my Executor hereinafter named to pay all of my just debts, funeral expenses and expenses involved or connected with the administration of my estate, including all taxes that may be assessed in consequence of my death, as soon after my death as is reasonably possible from the proceeds and assets of my estate prior to any other distributions. I direct my Executor to pay all inheritance, estate, succession and legacy taxes, to which my estate or the transfer of any property hereunder may be subject, and to charge such taxes as part of the expenses of the administration of my estate. However, my Executor need not accelerate and pay those unmatured obligations which, in his, her or its opinion, it might be proper and more advantageous to retain or renew and pay as they become due and payable. If I do not own a burial plot or a grave marker at the time of my death, I authorize my Executor/Executrix, in his, her or its sole discretion, to GRIFFIE 8c ASSOCL4TES Attorneys At Law 200 N. Hanover Street 100 Lincoln Way East, Suite D Carlisle, PA 17013 Page 1 of 7 Chambersburg, PA 17201 ~~-,- ".' _' ; ~; ,- c=-'~~; ~.1 r ~4~..-~ e ' ':_l: -, , _.T ~ _ 'j.,~ _» ;-.~; ~...~ ~, --~, purchase a burial plot and to erect a suitable grave marker at my grave, and to expend sums from my estate for this purpose. SECOND I give, devise and bequeath my estate together with all insurance proceeds thereon of whatsoever nature and wheresoever situate in equal shazes to my children, KATHLEEN M. BATH, ROSEMARY A. HUFF, and THOMAS J. LAWLER, who survive me by sixty (60) days per stirpes. I direct my Executor/Executrix to divide among such beneficiaries all personal property of a sentimental or family nature (excluding cash, stocks, bonds and the like), including but not limited to jewelry, household goods, antiques, furniture and memorabilia, in accordance with a sepazate memorandum which I may place with my Will or deposit with my attorney. In the absence of such disposition by memorandum, I direct that the said tangible personal property be divided between my residual beneficiaries with due regard for their personal preferences in as neazly equal shazes as practical, with the value of such dispositions being credited to the shaze of each respective recipient. If the said beneficiaries do not agree to the division of the personal property provided for hereunder, the decision of my Executor/Executrix, including the decision to sell the property at public or private sale and distribute the proceeds therefrom as provided hereinafter, shall be final and conclusive on all parties. THIRD I grant my Executor/Executrix the following powers in addition to and not in limitation of such powers as my Executor/Executrix shall hold by law: GRIFFIE & ASSOCIATES Attorneys At Law 200 N. Hanover Street Page 2 of 7 100 Lincoln Way East, Suite D Carlisle, PA 17013 Chambersburg, PA 17201 f (a) To retain all property received including the stock of any corporate fiduciary acting hereunder, provided such property remains productive. (b) To join in any corporation, partnership, recapitalization, merger, reorganization or voting trust plan; to delegate authority with respect thereto; to deposit investments under agreements and pay assessments; and generally to exercise all rights of investors, including but not limited to, the voting of shazes. (c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate held or owned by my estate. (d) To operate any business that I may own at my death. (e) To invest any funds of my estate in any stocks, bonds, notes or other securities or property, real or personal, without regazd to the principle of diversification or any other statute or general rule of law in his, her or its absolute discretion, it being my intention to ive m E g y xecutor/Executrix the broadest investment powers possible, providing such investments do not unnecessarily prevent the ~,,'~ prompt settlement of my estate. (i) To sell or otherwise dispose of any property, real or personal, tangible or intangible, at any time forming a part of my estate in any manner and on such terms and conditions as my Executor/Executrix shall see fit in his, her or its absolute discretion. (g) To borrow money for the payment of taxes or for any other proper purposes in the administration of my estate, and to mortgage or pledge estate assets as security. 200 N. Hanover Street Carlisle, PA 17013 GRIFFIE & ASSOCIATES Attorneys At Law Page 3 of 7 100 Lincoln Way East, Suite D Chambersburg, PA 17201 (h) To compromise claims without court approval including, but not limited to, any controversies with the United States of America or the Commonwealth of Pennsylvania concerning estate and inheritance taxes on any interests that may pass under this my Last Will and Testament. (i) To distribute in cash or in kind upon any division or distribution of my estate. (j) To undertake any and all acts deemed necessary and proper by my Executor/Executrix for the proper, advantageous and prompt management of the settlement of my estate. (k) In general, to exercise all powers in the management of my estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to him, her or it may seem best and to execute and deliver all instruments and to do all acts which he, she or it deems necessary or proper to carry out the purposes of this, my Last Will and Testament. FOURTH No interest of any beneficiary of my estate, either in income or in principal, shall be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have the power in any manner to charge or encumber his interest either in income or principal, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my Executor/Executrix for the liability of such beneficiary. 200 N. Hanover Street Carlisle, PA 17013 GRIFFIE & ASSOCL4TES Attorneys At Law Page 4 of 7 100 Lincoln Way East, Suite D Chambersburg, PA 17201 } FIFTH I nominate, constitute and appoint my daughter, ROSEMARY A. HUFF, as Executrix of this my Last Will and Testament. In the event my daughter is deceased, unable or unwilling to serve or shall cease to serve for any reason whatsoever, then I nominate, constitute and appoint my daughter, KATHLEEN M. BATH, as Executrix of this my Last Will and Testament. I direct that my Executrix shall not be required to give or post bond for the faithful performance of his, her or its duties in this or any other jurisdiction. SIXTH I hereby declare it to be my expressed desire that my Executor/Executrix employ the law firm of Griffie & Associates, of Carlisle, Pennsylvania, for legal advice and assistance regarding this my last Will and Testament, they having considerable knowledge of my affairs, views and wishes respecting any matters that may arise at the probate of this instrument, the administration of my estate, and the execution of the powers herein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of seven (7) typewritten pages, the first four (4) of which bear my signature on the side margin, for purpose of identification, this ~ 7 ~ day of /r ~ .~ , 2005. WITNESS: ~~ 200 N. Hanover Street Carlisle, PA 17013 ELEANOR K. LAWLER GRIFFIE & ASSOCL4TES Attorneys At Law Page 5 of 7 100 Lincoln Way East, Suite D Chambersburg, PA 17201 k a ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF CUMBERLAND ; I, ELEANOR K. LAWLER, the Testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. ELEANOR K. LAWLER Sworn or affirmed and acknowledged before me by the Testatrix this ~ day of ~~~~ , 2005. t00 N. Hanover Street Carlisle, PA 17013 GRIFFIE & ASSOCL4TES Attorneys At Law Page 6 of 7 l00 Lincoln Way East, Suite D Chambersburg, PA 17201 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF CUMBERLAND WE ~ wC/bV /~. l + 1~ Z(.~ and ~.. ~~((U, L . ~~, ~< , the witnesses whose names aze attached to the foregoing document, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the heazing and sight of the Testatrix signed the Last Will and Testament as witnesses and that to the best of our knowledge the Testatrix was at the time 18 or more yeazs of age, of sound mind and under no constraint or undue influence. Sworn or affirmed and subscribe ands ~ ~( ~ . , < ; Notary Publi NOTARIAL SEA ROBINI. fOSNORN, NOTARY PUBLIC CARLISLE BORO., CUMBERLAND COUNTY MY COMMISSION EXPIRES APRIL 11 2007 200 N. Hanover Street Carlisle, PA 17013 GRIFFIE 8c ASSOCL4TES Attorneys At Law Page 7 of 7 100 Lincoln Way East, Suite D Chambersburg, PA 17201 this ~ day of r~~a- , 2005. IOS.RD~ REV VU5 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be farwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photo ~' . Fee for this certificate, $6.00 ate ° ; ;~ ~~ ~ n -p r_.,-; _ ra r - fn N r-~ ~ %'i ~ p : i~ a ~.:~) ~ ~C'7~ -fl ~:' ~r C 7 0 -n = -n H,os.,arlw ~ COMMONWEALTH Of PENNSYLVANUI • DEPARTMENT OF HEALTH • VRAL RECORDS A Q ' ' ~PEIiTI CERTIFICATE OF DEATH ~'~ BIACK pN BTATE FILE tOUIIBER l ,. NamadDacadralFariniOia.WtwfU 7. Sr 7. Sm~ISaoadYNrnDa t. WYdOMd~•tlN•lral S. ~i•ILaN BatlalaYl IMalrl UMr1 6. DdedBT IlontlL 7. ~ and uar ar tN. 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