HomeMy WebLinkAbout10-14-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of ANN GRAHAM FLATLEY File Number 21 10 r~.~~
also known as
' BELOW.•)
A. Probate and Grant of Letters Testamentaryand aver that Petitioner(s) is /are the Executors named in the
last Will of the Decedent dated 8/24110 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:
B. Grant of Letters of Administration
(If applicable, enter: c. t. a.; d.b.n.c.t.a.; pendente liter duranteabsentia; durance ininoritate)
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouses (if any) and heirs:(I/
.Administration, c. t. a. or d. b. n. c. t. a., enter date of Will in Section A above and complete list of heirs.) s~.~
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his /her last principal residf°nce at
303 South Ride Road Boiling Springs PA 17007 South Middleton Twp
(List street address, town/city, township, county, state, zip code)
Decedent, then years of age, died on 10/8/10 at 303 South Ride Road
Boiling Springs South Middleton Twp PA 17007
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ S8 StJO~ , d`o
(1f not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Persona] property in County $
Value of real estate in Pennsylvania ~ .~ S~ ~U'~ '. D~
Carlisle Borough and South Middleton Twp.
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 t'rn-m <<~
the undersigned:
Signature Typed or printed name and residence
KATHRYN ANN HILLEARY 166 WEST SOUTH STREET
CARLISLE PA 17013
S~ GEORGE EUGENE MARTZ 326 SNUFF MILL ROAD
WILMINGTON DE 19807
Page 1 of
Form RG~-02 rev. 10.13.06
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. r~;:
Oath of Personal Representative ~.,
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COMMONWEALTH OF PENNSYLVANIA ~=~~ ~•~ ~'
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SS ~ _Iy. ~ --~
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COUNTY OF CUMBERLAND ~ _-=~ ~ ~ r -- ~:
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The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are tx~~,a~id;,=~orre~to thebest ~'f
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the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioners) rill well ~d trul~y~~ r:
administer the estate according to law. - _._. ~~ ~'~ ~_
Sworn to or affirmed and subscribed
before me the f ~~_ day of
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or the Register
Signature`~~ers al Represent ive Kathryn Ann Hilleary
Signature of P~~onal Representative George Eugene Martz
Signature of Personal Representative
File Number: 21 "~ /Q ~ ~ ~~~
Estate of ANN GRAHAM FLATLEY ,Deceased
Social Security Number:171-20-9879 Date of Death: 10/8/10
AND NOW, • t~ , 2010 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Kathryn Ann Hilleary and George Eugene Martz
_ in the above estate
and that the instrument(s) dated 8/24/2010
described in the Petition be admitted to probate and filed of recy~rd_as the last Will (and Codicil(s)) of decedent.
FEES ~' / r
~~ ~~ egister of lls t`
.........(..j........... $
.... _ .
Letters $ ` ~~~
Short Certificates ••.•..•.•.• Q
Attorney Signature:
Renunciation(s) ••••••••••••••.• $ y
$ ~l Attorney Name: Hubert X. Gilroy ~~
.... $ •g
.- Supreme Court LD. No.: 29943
.... $
•,•_ $ Address: 10 East High Street
.... $
Carlisle
.... $
.... $ PA 17013
.... $
$ Telephone: 717-243-3341
TOTAL ............................. $
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Form RW-02 rev. 10.13.06 pa~e Z pt
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F:AFILES\CGents'+13973 Fladey\13973.1,will _ ,
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LAST WILL AND TESTAMENT -
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I, ANN GRAHAM FLATLEY, of South Middleton Township, Cumberland County, - ~ ~:
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Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare
this to be my Last Will and Testament, hereby revoking any and all former Wills or Codicils made
by me.
1.
I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and
all death taxes (whether such taxes may be payable by my estate or by any recipient of any property)
shall be paid from my residuary estate as soon as practicable after my decease and as part of the
administration of my estate. My Executors shall have no duty or obligation to obtain reimbursement
for any such tax so paid, even though on proceeds of insurance or other property not passing under
this Will.
2.
With respect to the real estate I own, I direct as follows:
a. I own property at 166 West South Street, Carlisle, Pennsylvania, jointly with my son,
George E. Martz. The deed for this property reflects that it is owned as joint tenants with right of
survivorship, and it is my intention upon my death that my son, George E. Martz, shall be the sole
owner of said real estate.
b. I own approximately 51.26 acres at 303 South Ridge Road, Boiling; Springs,
Pennsylvania, jointly with my daughter, Kathryn Hilleary. The deed for this property reflects that
it is owned as joint tenants with right of survivorship, and it is my intention upon my death that my
daughter, Kathryn Hilleary, shall be the sole owner of said real estate.
c. I own a one-half interest in real estate at 820 York Road consisting of approximately
33.87 acres, which one-half interest is owned jointly with my son, George E. Martz. The deed for
this property reflects that it is owned as joint tenants with right of survivorship, and it is my intention
upon my death that my son, George E. Martz, shall be the sole owner of said one-half interest in this
real estate.
d. I own a one-half interest in real estate on York Road consisting of approximately six
acres, which one-half interest is owned jointly with my son, George E. Martz. The deed for this
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[Initials]
Page 1 of 4 Pages
property reflects that it is owned as joint tenants with right of survivorship, and it is my intention
upon my death that my son, George E. Martz, shall be the sole owner of said one-half interest in this
real estate.
3.
I give unto FREDA K. NEIDIGH the sum of Five Thousand Dollars ($5,000,.00).
4.
I give unto my daughter, KATHRYN ANN HILLEARY, my grandfather clock, sleigh bells,
gun and all of my jewelry.
5.
I give unto BRAD HILLEARY the oriental wall hanging (which Tom Flatley wanted
bequeathed to him upon his return from Japan).
6.
I give, devise and bequeath all the rest, residue and remainder of my estate, in equal shares,
unto my children, KATHRYN ANN HILLEARY and GEORGE EUGENE MARTZ, or if they
predecease me, then to their issue, per stirpes.
7.
I nominate, constitute and appoint my children, KATHRYN ANN HILLEARY and
GEORGE EUGENE MARTZ, or either of them if one is unable or unwilling to sc- serve, as
Executors of my estate.
8.
I direct that all fiduciaries acting under this Will, whether or not named herein, shall not be
required to give bond for the faithful performance of their duties in any jurisdiction.
9.
I authorize and empower my Executors, and their successors, in their sole and absolute
discretion, to purchase or otherwise acquire and retain any investments of which I die seized or any
real or personal property of any nature; to sell, lease, pledge, mortgage, transfer, exchange, dispose
of or grant options in regard to any or all property of any kind forming a part of my estate for such
terms and such prices as they may deem advisable; to borrow money for any purposes cc-nnected
with the protection and preservation ofmy estate; to mortgage or pledge any real or personal property
[ itials]
Page 2 of 4 Pages
forming a part of my estate or to join in or secure the partition of same; to compromise any claims
or demands of my estate against others or of others against my estate; to make distribution in kind
and to cause any share to be composed of cash, property or undivided fractional shares in property
different in kind from any other share; to employ agents, attorneys and proxies and to delegate to
them such power as my Executors, and their successors, consider desirable and to pay reasonable
compensation for such services as may be rendered by such agents, attorneys and proxies; and to
execute and deliver such instruments as maybe necessary to carry out any of these powers. In
addition, I direct that my Executors, and their successors, shall have the power to conduct an
inventory of any safe deposit box necessary to the administration of my estate. (f/
IN WITNESS WHEREOF I have hereunto set m hand and seal this ~ ~da of
Y .~ Y
G~ ~ ~o /~
Ann Graham Flatley
SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testae:rix, as and
for her Last Will and Testament, in the presence of us, who at her request, have hereunto subscribed
our names as witnesses thereto, in the presence of the said Te~.t~trix and of each other.
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Page 3 of 4 Pages
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND
We, Ann Graham Flatley, ~Cc,~'1 ~ ,,1, ~'f ~Q,~t.~f j and j~~ ~, . ~,
the Testatrix and the witnesses, respectively, whose names are signed to the foregoing; instrument,
being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and
executed the instrument as her last Will and that the Testatrix has signed willingly, and that the
Testatrix executed it as her free and voluntary act for the purposes therein expressed, ar~d that each
of the witnesses, in the presence and hearing of the Testatrix, signed the Will as a witness and that
to the best of hislher knowledge the Testatrix was at that time eighteen years of age or older, of
sound mind and under no constraint or undue influence.
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Ann Graham Flatley, Testatrix
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Witness
Subscribed, sworn to and acknowledged before me by Ann Graham Flatley, the Testatrix,
R ~`~" / ~'.~,.,
and subscribed and sworn to before me by ~~"i ~ -.~, J`Zt,~tu2~l and ~ 1UU ~~~-- ~ • t~~ ,
the witnesses, this d ~~day of ~' ,alb 1 U
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Notary Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Corrine L. Myers, Notary Public
Carlisle Borough, Cumberland County
My commission expires May 27, 2011
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