HomeMy WebLinkAbout11-03-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Esther M. Fitzgerald
also known as
Deceased
File Number ~ ~ " (~ l "' ~•~ ~ '~
Social Security Number
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 J are the Executor
last Will of the Decedent dated March 7, 1996 and codicil(s) dated
(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:
(COMPLETE INALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at
48 Palmer Drive. Camn Hill. Lower Allen Townshia. Cumberland County. PA 17011
(List street address, town/city, township, county, state, zip code)
Decedent, then 73 years of age, died on April 14, 2009 at 4$ Palmer Drive, Camp Hill, Lower Allen Township,
Cumberland County, PA 17011
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ ~ ~~' d a
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $
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:
Si nature T ed or rinted name and residence
-~'?'~ ~ ichard D. Fitzgerald, 4$ Palmer Drive, Camp Hill, PA 17011
named in the
Form RW-O2 rev. 10.13.06 Page 1 of 2
s-.~s
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B. Grant of Letters of Administration C "~"' - a
(If applicable, enter: c. t. a.; d. b. n. c.t.a.; pendente liter durante absentia; minorita~ _?
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Petitioner(s) after a proper search has 1 have ascertained that Decedent left no Will and was survived by the followi >~ (if anx) and k~ir~;;F:~lf
Administration, c. t.a. or d. b. n. c. t. a., enter date of Will in Section A above and complete list of heirs.) .,~ Cis ~ , ,_.
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
The Petitioner(s) above-named swears} 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
before me the day of
Signature of Personal Representative
Signature of Personal Representative
File Number: ~ 1 ' L~ ~ ' ~ 7 Sc~•.
Estate of Esther M . Fitzgerald ,Deceased
Social Security Number:191-26-3342 Date of Death April 14, 2009
AND NOW, ~~ (,~ , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Richard D Fitz erald - --
in the above estate
and that the instrument(s) dated March 7, 1996
described in the Petition be admitted to probate and filed of reco s the last Will (and Codicil(s)) f Decedent.
r
FEES
~~ ~ ~l ~ '" Register o rills
Letters ............. $ G~I~V
Short Certificate(s) ...../... $ , ~ ~ Attorney Signature:
Re un •ati n(s} .......... $ Andrew C. Sheely, Esquire
~~~ $ ~ Attorney Name:
~ 62469
~_ ... $ ~ Supreme Court LD. No.:
$ ~ ~ ~ 127 South Market Street
$ Address:
~ P.O. Box 95
$ Mechanicsburg,PA 17055
... $
• • • $ Telephone: 717-697-7050
... $
TOTAL .............. $
Form RW-02 rev. 10.13.06
Page 2 of 2
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L,AS W AND ESTAMEN
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88THER M. FITSGERALD
I, ESTHER M. FITZGERALD, of Lower Allen Township,
Cumberland County, Pennsylvania, make, publish and declare this
as and for my Last Will and Testament, hereby revoking all other
Wills and Codicils heretofore made by me.
FIRST: I direct that all inheritance, estate, trans-
fer, succession and death taxes, of any kind whatsoever, which
may be payable by reason of my death, whether or not with respect
to property passing under this Will, shall be paid out of the
principal of my residuary estate.
SECOND: I devise and bequeath all the rest, residue
and remainder of my estate of whatever nature and wherever
situate, including any property over which I hold power of
appointment and together with any insurance policies thereon, to
my son, RICHARD D. FITZGERALD.
THIRD: Should RICHARD D. FITZGERALD predecease me, I
devise and bequeath all the rest, residue and remainder of my
estate of whatever nature and wherever situate, including any
property over which I hold power of appointment and together with
any insurance policies thereon, to my son, DANIEL J. FITZGERALD.
FOURTH: Should DANIEL J. FITZGERALD predecease me, I
devise and bequeath all the rest, residue and remainder of my
estate of whatever nature and wherever situate, including any
property over which I hold power of appointment and together with
any insurance policies thereon, in equal shares, to my grand-
children, DANIEL JOSEPH FITZGERALD, JR., DANA MARIE FITZGERALD
and DANELLE RENEE FITZGERALD.
FIFTH: In addition to all powers granted to them by
law and by other provisions of this Will, I give the fiduciaries
acting hereunder the following powers, applicable to all proper-
ty, exercisable without court approval and effective until actual
v
distribution of all property:
(A) To sell at public or private sale, or to lease,
for any period of time, any real or personal property and to give
options for sales, exchanges or leases, for such prices and upon
such terms (including credit, with or without security) or
conditions as are deemed proper. This includes the power to give
legally sufficient instruments for transfer of the property and
to receive the proceeds of any disposition of it.
(B) To partition, subdivide, or improve real estate
and to enter into agreements concerning the partition, subdivi-
sion, improvement, zoning or management of real estate and to
impose or extinguish restrictions on real estate.
(C) To compromise any claim or controversy and to
abandon any property which is of little or no value.
(D) To invest in all forms of property, including
stocks, common trust funds and mortgage investment funds, without
restriction to investments authorized for Pennsylvania fiduci-
aries, as are deemed proper, without regard to any principle of
diversification, risk or productivity.
(E) To exercise any option, right or privilege granted
in insurance policies or in other investments.
(F) To exercise any election or privilege given by the
Federal and other tax laws, including, but not necessarily being
limited to, personal income, gift and estate or inheritance tax
laws.
(G) To make distributions to my herein named benefici-
ties in cash or in kind or partly in each.
~`~~- (H) To borrow money from themselves or others in order
to pay debts, taxes, or estate or trust administration expenses,
to protect or improve any property held under my will, and for
investment purposes.
(I) To select a mode of payment under any qualified
retirement plan (pension plan, profit sharing plan, employee
.~ stock ownership plan, or any other type of qualified plan) to the
2
extent the plan or the law permits them to do so, and to exercise
any other rights which they may have under the plan, in whatever
manner they consider advisable.
SIBTH: I nominate and appoint RICHARD D. FITZGERALD,
Executor of this, my Last Will and Testament. In the event of
the death, resignation or inability to serve for any reason
whatsoever of the said RICHARD D. FITZGERALD, I nominate and
appoint DANIEL J. FITZGERALD, Executor of this, my Last Will and
Testament. I direct that my Executor, and his successors, shall
not be required to post security or a bond for the performance of
their duties in any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and
seal to this, my Last Will and Testament, this ~ ~ day of
-~ ,y, ~ -
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( SEAL)
ESTHER M. FI RALD
Signed, sealed, published and declared by the above-
named Testatrix as and for her Last Will and Testament in our
presence, who, at her request, in her presence and in the
presence of each other, have hereunto subscribed our names as
attesting witnesses.
Address
Address
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OATH OF SUBSCRIBING WITNESS(ES)
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REGISTER OF WILLS ~ O
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CUMBERLAND COUNTY PENNSYLVANIA ~ ~
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Estate of ESTHER M. FITZGERALD , ~'eceased
Andrew C. Sheely _, (eae~) a subscribing witness to
(Print Name/s)
the ~ Will ~ Codicil(s) presented herewith, (~e~h) being duly qualified according to law, depose(s) and
say(s) that s~re~ / he / t~rcq was / `~e~e present and saw the above ~~-/ Testatrix sign the same
and that tee-/ he / t~ signed the same and that she / he / t~ signed as a witness at the request of
the ~~,r /Testatrix in her /his
(Signature)
presence and in the presence of each other.
(Signa re)
(Street Address)
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this
of
day
701 Jenna Court
(Street Address)
Mechanicsburg, PA 17055
(City, State, Zip)
Executed out of Register's Office
Sworn to or affirmed and subscribed
before me this ~~ 7 ~`~ day
of CMG ~l~ ~ ~~.- a~ ~ U
Deputy for Register of Wills
No ary ublic
My ommission Expir s:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present .`,he original or copy of instrument(s) at time of notarization.
,y;^;;i
Form RW-03 rev. ]0.13.06 ~. .Y~~.,.__`~~~1...j
~~ BQi'9~ ~..lisil{~vi ~i 1Y CA.
X91 Exams x.19, 2010
OATH OF SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS „~ ~~,.- we `. - , ~:
CUMBERLAND COUNTY, PENNSYLVANIA ~=~ ~,; ~ w '.: f-. ':--}
a ~.. ~: ~~
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Estate of ESTHER M. FITZGERALD ,Deceased
Catherine J. Barra ) a subscribing witness to
(Print Name/s)
the ~ Will ~ Codicil(s) presented herewith, (~ec~e~-) being duly qualified according to law, depose(s) and
say(s) that she / ~e-/ t was / were present and saw the above T>~ /Testatrix sign the same
and that she / ~ / signed the same and that she / ~e / signed as a witness at the request of
the ~el~ /Testatrix in her /mss presence and in the presence of each other.
(Signature)
~;
~ ~
(Signature) t
c
(Street Address)
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of
Deputy for Register of Wills
1041. Mountain Road
(Street Address)
Dauphin, PA 17018
(City, State, zip) COMMONI~EALTH {}~' PENNSYIYANiA
~10TA1~1AL SEAS
ElJZA1~ETH A. C~.EY, t~oary Plab~~
Sr~s~~ha~na Twp., p~l.~h~>~ Ca~lni~r
C,ptaa~i ' ss RAay 12, 2{111
Executed out o
Sworn to or affirmed and subscribed
before me this ~~ ~ day
of ~~~ , ' o
otary Public
My Commission Expires. ~ /",~.~ol/
(Signature and Seal of Notary or other ff ~ 1 q~ali red to
administer oaths. Show date of expiratio f Notary's Commission.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization.
Form RW-03 rev. 10.13.06