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HomeMy WebLinkAbout02-1076PETITION FOR PROBATE and GRANT OF LETTERS Estate of _ ~ ~T~~t , < ~~ ~ No. d~~~Ud't -~d also known as To: Deceased. Social Security No.1 -1 ~ - Icy 1 ~ ~ Register of Wills for the County of ~ 1 ~ tit ~~ >; 2Z L 1~N 3~t the Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the execut_~~ a named in the last will of the above decedent, dated ~~ Cwc e~ ~ ~~ l y ~~ R (~~ , 19~_ and codicil(s) dated (state relevant circumstances, e.g. renuncia~ion, death of executor, etc.) Decendent was domiciled at death in ~ V ~'`z'h~L='l~L 1'lrY _ County, Pennsylvania, with last family or principal 'residence at 3 ~~ra ~ ~C,ra y ~~ri5 ~ 1~~ N ~~ ~h~ (list street, number and muncipality) 2 ~c "L. Dece d t the~~ y~a~s of , di~~ ~ ~ ~ ~ ~•'~T 3 1;~.._.t.~z) -2._., }~._ at ~ Vale o i 1, as enns ro ~i ' Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: •~( ~ Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property $ ~~~~ (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania $ ' C'(~ cwt, situated as follows: ;3 ~-1~ ~ E C~I;R'~ C (~ i'~1 n ~~ ~ L ~ y )~~ WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters Testamentary (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) theron. v ~ v ; l `J U ° / S ~ {LL~~ d~- ~0. v~ ~ ~ id ' C m ti ~~ ~.. tT OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA 1 COUNTY OF (' , A ....~~~ .~S E ~„~~ ~ 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 represen- tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed `_.. z-~,, :.;,~~ ~., ~~,~ ~~_ ~ before me this 25th day of r ~ ~' N~~ b r ~j ~ 2002 `J ~ a Donna M. Otter, 1st Deputy gister No. 21-2002-1076 Estate of George H.Espy ,Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW December 2nd }~ 20 ~ in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated November 14th,, 1996 described therein be admitted to probate and filed of record as the last will of George u Fly and Letters Testamentary are hereby granted to Geraldyne L. Espy ~_ Register of Wills ~ ~~ Donna M. Otto,lst Deputy FEES Probate, Letters, Etc. ......... ~ 235.00 Short Certificates(1) .......... ~ 3.00 Renunciation ................ $ x-Pages (3) ~ 9.00 JCP TOTAL ~ 10.00 Filed Decem~x:.2nd...~QQ2....$.2~~.00.. .ATTORNEY (Sup. Ct. I.D. No.) .ADDRESS PHONE MAILED LETTERS TO EXECUTRIX ON 12-02-2002 ~ ~ LAST WILL AND TESTAMENT OF GEORGE H. ESPY 1 --~ ~'~ .,~. ~~ . \~ .., \, I, George H. Espy, of the Township of East Pennsboro, Cumberland County, Pennsylvania, declare this to be my Last Will and revoke any Will previously made by me. ITEM 1: I give my two Carey chairs to my so~~, GEORGE H. ESPY, JR. ITEM 2: I devise bequeath all of my estate of every nature and wheresoever situate, together with insurance thereon, to my wife, GERALDYNE ESPY, providing she survives me by ninety (90) days. ITEM 3: Should my wife, GERALDYNE L. ESPY, predecease me or die on or before the ninety-first (91st) day following my death, I devise and bequeath all of my estate of every nature and wheresoever situate, together with insurance thereon, to my issue, per stirpes, living on the ninety-first (91st) day following my death. ITEM 4: I appoint my daughter-in-law, AMY ESPY, Guardian of any property which passes under this Will to a minor, provided the appointment of a Guardian shall not supersede the right of any fiduciary in its discretion to distribute a share where possible to a minor or to another for the minor's benefit. Such Guardian shall have the power to use principal as well as i, ! - income from time to time for the minor's support, medical care, and education (including college education, both graduate and undergraduate) without regard to his or her parents' ability to provide such support, medical care, and education, or to make payment for these purposes, without further responsibility to the minor or to the minor's parent or any person taking care of the minor. ITEM 5: No interest of any beneficiary passing under this Will or any Codicil hereto shall be subject to anticipation, assignment, attachment or any other voluntary or involuntary alienation. ITEM 6: I authorize my Executrix and the Guardian hereunder, and their successors, to exercise the following powers, in addition to those given by law, in their sole discretion, applicable to all property held by them, without Court order, until actual distribution: ~~ '~. ~~` (a) To retain any real or personal property which may at any time form a part of my \ \/ ~ 1 ~1 ~' estate as long as deemed advisable. (b) To invest in any real or personal property without restriction to legal investments. (c) To repair, alter, improve, mortgage or lease for any period of time any real or J personal property and to give options for leases. ` ~~ (d) To sell at public or private sale, for cash or credit, with or without security, to ~V '`- exchange or to partition real or personal property and to give options for sales or exchanges. ~ (e) To compromise claims. ~ (f) To make distribution in kind. ITEM 7: I appoint my wife, GERALDYNE L. ESPY, Executrix of this my Last Will. Should my wife, GERALDYNE L. ESPY, fail to qualify or cease to act as my Executrix, I appoint my son, GEORGE H. ESPY, JR., Executor of this my Last Will. Should both my wife, GERALDYNE L. ESPY and my son, GEORGE H. ESPY, JR., both fail to qualify or cease to act as Executrix, I appoint my daughter-in-law, AMY ESPY, Executrix of this my Last Will. ITEM 8: I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as apart of the expense of the administration of my Estate. ITEM 9: I direct that my personal representatives or their successors shall not be required to give bond for the faithful performance of their duties in any jurisdiction. ITEM 10: Upon my demise, I direct that my body be buried in the Fern Knoll Cemetery, Dallas, Luzerne County, Pennsylvania. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, this ' `~ day of ~' c.? ~-!~,% ,~1 ° ~'rd._ 996. i jai`/ ~, GEORGE 1~ ESPY ~ . E--------+----- r Signed, sealed, published and declared by the above-named Testator as and for his Last will and Testament in our presence, who, at his request, in his presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses. ~' ~~. ~ ~ " . residing at l _~V ~V/g5' I ~~ /~U/ ~d -~ - _-- residing at ~~- /~,, , ~ c ~" ; ,~~ / 7~~ ~- ,_ •.~_ . .. COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF CUMBERLAND ) We, GEORGE H. ESPY, .i~ P,~,,, ~- ~ _~> ~ rA ~ ~~~ ~~~-y/4/~a~i'd U L ~ SlC `~~(X~-; ~ ~J,,j ~f J ,the Testator and the witnesses respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and that he had signed willingly, and that he executed it as his free and voluntary act for the purpose therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the will as witness and that to the best of his or her knowledge, the Testator was at the time eighteen (18) years of older, of sound mind and under no constraint or undue influence. ~ ; . / ~, ,. z ~ w~. ~GEORG~ H. ESPY `~ , ,~ _ ,~ Witness / ,~ W ~ ess Subscribed, sworn and acknowledged before me r ,~/~~ by GEORGE .ESPY, the Testator, and subscribed and sworn to before me y L - ' ~i% and ~ ; ` ~Q /7~~ e- ~p ~/.c~ ~. ,the witnesses, this ~i day of r~C,l2t h P , 1996. _ Notary Public _ ~ .~~s (~'I~A] ~.~ Re, T~w?Er.e. or;~..-?.8. HE~tR'! F. ~"'~Y~tE, t•as:,+r ~r,sg:"i;: Hampden Twp., Cueroirr~ar~:zs:.;•,# ~~+*^dn~'t, ~~' My Corr+miuion Expires .Jvr~ ~;, ~dd:0 ~ _ _._ _ _~ J J J 0 A O1 A D 2 ~o'aZ _ o ~ D A ~ ~ Z mx{~1 2 ~ D dl D m O "~ ~ Z m ~.; ~. I r~ x o F ~3 ~ ~ 'U H t" ~-C ~ CERTIFICATION OF NOTICE UNDER RULE 5.6(al Name of Decedent: ~..~~~~ ~r R-~, ~`~ C~ Date of Death: g .r. G~ ~ '~ \ _ ~- o ~ ~ Will No. ~ ~ ~ ,~. al_`~~ ~ (~ ~ lA Admin. No. To the Register: I certify that notice of (beneficial interest) estate administration required by Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on Name ~~--i< 3 C Address 'v a Notice has now been given to all persons entitled thereto under Rule 5.6(a) except J Date: \ ~ _cl. - ~_ f) U Z- _J ~~. Signatu Name ~ ~_ ~~... ~~ ~ , ~ ~,~ ter.: c. Address ~ ,_Q~--~ \C~_-~_- Telephone ( ) ._l (~ ] - '1 (a l j 2 -1 ~ Capacity: Personal Representative Counsel for personal representative Cumberland County - Register Of Wills Hanover and High Street Carlisle, PA 17013 Phone: (717) 240-6345 Date: 7/08/2004 ESPY GERALDYNE L 3 GALE ROAD CAMP HILL, PA 17011-2620 RE: Estate of ESPY GEORGE H File Number: 2002-01076 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6 12) in the above captioned estate. ' As per the AMENDMENTS TO SUPREME COURT ORPHANS, COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing will become delinquent on: 8/31/2004 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, GLENDA FARNER STRASBAUGH REGISTER OF WILLS cc: File Counsel Judge STATUS REPORT UNDER RULE 6.12 Name Date ofneath: Will No.: Admin. No.: Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State w~ether administration of the estate is complete: Yes ~15~ No[-'] 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yesy No [~ b. The separate O~hans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes [~] No [~] Co Copies of receipts, releases, j oinders and approval of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Signatu~ - - (2~ 1~ ~ Name Address Telephone No. Capacity: ~l Personal Representative [~l Counsel for personal representative