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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 -- , (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. r~;: Oath of Personal Representative ~., ~} C~~ „_ COMMONWEALTH OF PENNSYLVANIA ~=~~ ~•~ ~' ~ ,~ ~ _. SS ~ _Iy. ~ --~ ::_• ~- COUNTY OF CUMBERLAND ~ _-=~ ~ ~ r -- ~: . -_,; 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 -- 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 ~~ ~ %" t.1~' 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 ............................. $ ,J~ Form RW-02 rev. 10.13.06 pa~e Z pt ~.M , F:AFILES\CGents'+13973 Fladey\13973.1,will _ , ~. -'.} e ~ ~? ..~ _-i._3 ,--~ a _~~ t..; ....~ ~_ • . _ _.._, r ~_.~- `_ LAST WILL AND TESTAMENT - ~... ~1.. I, ANN GRAHAM FLATLEY, of South Middleton Township, Cumberland County, - ~ ~: ~~~~ 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 . r~~ _ [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. ~," /~ . l ~ 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. ~~ ,~t~ Ann Graham Flatley, Testatrix itne a ~ _ ,.--- ~~ ~~ 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 j ~~ Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Corrine L. Myers, Notary Public Carlisle Borough, Cumberland County My commission expires May 27, 2011 Page 4 of 4 Pages