HomeMy WebLinkAbout08-12-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENS; L ~ONIA ~a
Estate of Merle F. Souder File Number
also known as s/r G / -r ui~a~sed Social Security 210-26-6451
Petitioner(s) who is/are 18 years of age or older, appiy(ies) for:
[X] A. Probate and Grant of Letters Testamentary and aver that the Petitioner is the Executrix, Cindy L. Finkenbinder,
named in the Last wll and Testament of Merle F. Souder.
state re evenat ctrcumstances e g renunctatton eat o executor etc
Except as follows, Decedent did not marry, was not divorced, and did not have a child bom 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:
[ ] B. Grant of letters of Administration
(If applicable enter: c.t.a.; d.b.n.c.t.a.; a ente tte; urante sentuz; urante mtnor:tate
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 {frill in Section A above and complete list of heirs.)
COMPLETE INALL CASES:) Attach additional sheets {/'necessary.
Decedent was domiciled at death in Cumberland Count; Newville pA 17241
10 Creek Road
st street ress, tow ctry, towns rp, county, state, zip code)
Decedent then 79 years of age died on August 7 2010
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.)
(If not domiciled in Pa.)
(If not domiciled in Pa.)
Value of real estate in Pennsylvania
situated as follows:
3.~fl~o-
e ~
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: 'I~ped or printed name and residence
SIGNATURE
-Gr-r_ ~-
Cindy L. Finkenbinder
10 Creek Road
Newville, PA 17241
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Page 1 of Z
OATH OF PERSONAL REPRESENTATIVE
COMMWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and cone
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 subscribl~
before a 's / °f l~'~"~{//q~,9T , 2010
or the Register
rue i~ uuiuer:
Estate Of MERLE F. SOLIDER
21U-26-6451
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Social Security Number:
Date of Death 7-Aug-10
AND NOW l.~w ~i ~'~
having been presented efore me, IT IS DECREED that Letters Testamentary
are hereby granted to CINDY L. FINKENBINDER
in the above estate.
and that the instrument dated January 31, 2008
described in the Petition to be admitted to pribate and filed of record as the Last
Decedent
FEES
Signature
Attorney Name
Letters Sup. Ct. I.D. No
Short Certificates
Renunciation Address:
Telephone:
TOTAL.. .
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32318
and (Codicil(s)) of
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
Page 2 of 2
Stephen D. Tiley
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00 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 forwarded to the State Vital
Records Office for permanent filing.
P 16 5 3 5 616 L.~~~'~~ at_yG i ~/20~0
Certification Number Local Registraz Date Issued
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LAST WILL AND TESTAMENT ~ ~,
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MERLE F. SOLIDER ,'=c~T r'v '- ~ `_.1,
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I, Merls F. Souder, of 10 Creekview Road, Lower Mifflin Township~~ulnberland =~ ~ :,r
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County, Pennsylvania, being of sound and disposing mind, memory and understanc~ag, ~T~
do hereby make, publish and declare this as and for my Last Will and Testament,
hereby revoking and making void any and all Wills and Codicils heretofore made.
FIRST
I direct the payment of my just debts and funeral expenses as soon after my
death as may be convenient. I desire that my body be cremated and that my ashes be
disposed of at the discretion of my Executrix or Executor.
I direct that all federal and Pennsylvania estate taxes, Pennsylvania inheritance
taxes, and generation-skipping transfer tax payable as a result of my death, not limited
to taxes attributable to property passing under this Will, shall be paid by my Executor
from my residuary estate. I direct my Executrix not to seek reimbursement for any tax
so paid from any beneficiary under this Will, heir of mine, or other transferee of property
included in my gross estate.
SECOND
declare that I am the widower of Blanche D. Souder, who died on August 25,
1974. My wife and 1 had three children, to wit: Dorothea L. Bailey, a daughter, of 306
Shed Road, Newville, Pennsylvania 17241; Merle L. Souder, a son, of 50 Asper Road,
Newville, Pennsylvania 17241; and Cindy L. Finkenbinder, a daughter, of 10 Creekview
Road, Newville, Pennsylvania 17241. I have no deceased children nor any other
children by my wife, or otherwise.
THIRD
All the rest, residue and remainder of my estate, real, personal and mixed, and
wheresoever the same may be situate, I give, devise and bequeath in equal shares, per
stirpes and not per capita, unto such of my children as shall survive me by ninety (90)
days, but should any of them fail to so survive me then the share such deceased child
of mine would have received shall pass to such of his or her issue as shall survive me
by a period of ninety (90) days, per stirpes, and if there be no such issue the same shall
lapse and be added to the remaining share or shares. I have three children, as
aforementioned.
~~
FOURTH
hereby nominate, constitute and appoint my said daughter, Cindy L.
Finkenbinder, as Executrix of this my Last Will and Testament. In the event of the
renunciation, death, resignation or inability to act for any reason whatsoever of my said
daughter, Cindy L. Finkenbinder, I nominate, constitute and appoint my son, Merle L.
Souder, as Executor of this my Last Will and Testament. In the further event of the
renunciation, death, resignation or inability to act for any reason whatsoever of my son,
Merle L. Souder, I nominate, constitute and appoint my daughter, Dorothea L. Bailey, as
Executrix of this my Last Will and Testament. I further direct that no bond or other
security shall be required of any Executor or Executrix appointed in this Will for the
performance of his, her or its duties in any jurisdiction in which he, she or it may be
Last Will and Testament of Merle F. Souder Page 1 of 3
called upon to act. The terms Executor or Executrix may be used interchangeably in
this Will and shall refer to any Executor or Executrix appointed in this will, or any other
Administrator appointed by a court of competent jurisdiction.
FIFTH
In addition to, and not in limitation of, the powers conferred by law or by other
provisions of this Will, my Executrix shall have the following powers, each of which may
be exercised from time to time by my Executrix in her sole discretion:
(a) To retain in the form received, and to sell either at public or private
sale, or to distribute in kind, any real or personal property.
(b) To manage both real and personal property.
(c) To invest and reinvest in all forms of property, notwithstanding the
fact that any or alf of the investments made are of a character or size
which but for this expressed authority would not be considered
proper for an Executrix.
(d) To exercise any option or rights arising from the ownership of
investments.
(e) To compromise claims without court approval and without the
consent of any beneficiary.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last
WIII and Testament, written on three (3) pages (including notary page), this 31st day of
January, 2008.
Merle F. Souder
Signed, sealed, published, and declared by Merle F. Souder, the Testator above
named, as and for his Last Will and Testament, in our presence, who, in his presence,
at his request, and in the presence of each other, have hereunto subscribed our names
as attesting witnesses.
-°~ ~ ~ `~
~~~.
Last Will and Testament of Merle F. Souder Page 2 of j
COMMONWEALTH OF PENNSYLVANIA )
j SS:
COUNTY OF CUMBERLAND
We, Merle F. Souder, the Testator in, and Stephen D. Tiley
and Robert G. Frey ,the witnesses, to the Last Will and
Testament, the attached or foregoing instrument, who have signed the instrument,
having been duly qualified according to law do depose and say:
a. that I, the Testator, do hereby acknowledge that I signed and executed the
instrument as my Last Will and Testament, 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 Last Will and Testament, 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 Last Will and Testament as a witness and that to the best of
our knowledge the Testator was at that time eighteen (18) or more years
of age, of sound mind and under no constraint or undue influence.
Merle F. Souder
°17~ / ` `~
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Subscribed, sworn to and acknowledged before me by the Testator and the
witnesses above-named, this 31st day of January, 2008.
Notary Public
NOTARIAL
TRISHA A. LIESS, Notary Public
Borough of Carlisle, Cumb. County, PA
My Commission Expires May 20, 2010
Last Will and Testamera of Merle F. Souder Page 3 of 3