HomeMy WebLinkAbout12-30-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Marie B. Lindsay File Number 21-10- ~ ~~ 1
also known as
eas Social Security 208-42-3761
~.
Petitioner(s) who is/are 18 years of age or older, apply(ies) for: ~~
:'-~ C"? L,- ~~
[X] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executor named in the , ~ ~ s.:, =.
last Will of the Decedent dated October 20, 1997 and coclicii(s) dated ~- ~ ~ ~?
-- __
state re evenat circumstances, e.g. renuncia on, ea o execu or, e ~ ••
,~
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrumer~) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: No eacceptions
.~
COMPLETE INALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her last principal residence
2170 Newville Road Carlisle PA 17015 Cumberland Coun l~ ~
ist street ress, tow city, towns ip, county, state, zip co
Decedent then
t-~ Towns ~
93 years of age died on 10/ 15/ 10 at 210 Big Spring Rd, Newville
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) 20,000.00
(If not domiciled in Pa.)
(If not domiciled in Pa.)
Value of real estate in Pennsylvania
situated as follows: 2170 Newville Road, Carlisle
Dorothy L. Bush
Page 1 of 2
[ J B. Grant of letters of Administration
(If applicable enter: c.t.a.; ..n.c.t.a.; a me ite; urante sentia; urante mirrotitate .
Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and fieirrs, `-(If
Administration, c.t.a. or db.rc.cx.a., enter date of Will in Section A above and complete list of heirs.)
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:
OATH OF PERSONAL REPRESENTATIVE
COMMONWEATLH 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 corn
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 .this ~~ ~ ~ '~P~.l.l p.-.~
'~-~ ~p ~ b c r ~-C7 l
~G ; ~ ~~~ ~ ~,S~Z ~~~
' -, For the Register
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File Number: ~ I - I 0 - I a~~ ~ ~ ~ -
Estate Of Marie B. Lindsay
Social Security Number:
'.. f ~,..
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Deceasec~~ ~ --
~ ,, ~_...
208-42-3761 Date of Death ~,,710/15/1~
AND NOW [~ (1r~~..1`, ~3C~ , 20~in consideration of the Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to
Dorothy ~ L. Bush
James E. Lindsay
in the above estate
and that the instrument(s) dated
October 20, 1997
described in thte Petition to be admitted to probate and filed of record as the las Will (and Codicil(s) of Decedent)
ister of ~lls~p ~ ~,~ ~~~~~~ ~~.
Letters
FEES
Signature
Attorney Name
Robert G. N~ey
46397
Short Certificates ~ , ~,} Sup. Ct. I.D. No
Renunciation
LLB ~ ~~ I J . C3~ Address:
Telephone:
TOTAL... ~~ (`o ~~
5 South Hanover Street
--
Carlisle, Pennsylvania 17013
(717) 243-5838
Page 2 of 2
IOS.ROS REV (01/U71
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00 ,,,~~~~"""""--"'y This is to certify that the information here given is
~~H OF p
~~, t~~~,P _ Eiji''-._ correctly copied from an original Certificate of Death
~~,~~`~oy` __ `fL+ duly filed with me as Local Registrar. The original
?~ _ - ~ J - -. z certificate will be forwarded to the State Vital
-~' a~ Records Office for permanent filing.
* ~ * ~.
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P 16854894 = - ~''~ _
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Certification Number
' """"""""""~~~ Local Registrar Date Issued
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I, MARIE R LINDSAY, of Carlisle, Cumberland County, Pennsylvania, being of
sound and disposing mind, memory and understanding, do make, publish, and _d lare this
to be my Last Will and Testament, hereby revoking and making void all previous ~ and
Codicils heretofore made by me. ~
~~
cry
F/RST ~,
I order and direct my Executor hereinafter named to pay all of my juy~ debts,
funeral expenses and expenses involved or connected with the administration of my estate
as soon after my death as is reasonably possible. However, my Executor need not
accelerate and pay those unmatured obligations which, in his, her or its opinion, it might
be proper and more advantageous to retain or renew and pay as they become due and
payable.
SECOND
I give, devise and bequeath the rest, residue and remainder of my estate together
with all insurance proceeds thereon of whatsoever nature and wheresoever situate in equal
shares to my children, HARRY D. LINDSAY, DOROTHY L. BUSH, JAMES E.
LINDSAY, BETTY J. JOHNSON, and H. JOHN LINDSA Y and my granddaughter,
JENNIFER R ARBUCKLE, daughter of my deceased child, Fred Lindsay, provided
they survive me by sixty (60) days. In the event any of my children predecease me or dies
within sixty (60) days following my death, I give, devise, and bequeath the share of my
estate to which he or she would otherwise have been entitled in equal shares to their
children, per stirpes. In the event that my granddaughter, JENNIFER R ARBUCKLE,
predeceases me or dies within sixty (60) days following my death, I give, devise, and
bequeath the share of my estate to which she would have been entitled in equal shares to
my surviving children.
GRIFFIE & ASSOCIATES
ATTORNEYS AT LAW
14 NORTH MAIN STREET
200 NORTH HANOVER STREET
CARLISLE, PA 17013 SUITE 307
PAGE ~ OF 4 CHAMBERSBURG, PA 17201
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I direct my Executor to divide among such beneficiaries all personal property of
sentimental or family nature (exclusive of cash, stock, bonds, and the like), including but
not limited to jewelry, household goods, antiques, furniture and memorabilia, in
accordance with a separate memorandum which I may place with my will or deposit with
my attorney. In the absence of such disposition by memorandum, I direct that the said
tangible personal property be divided between my residual beneficiaries with due regard
for their personal preferences in as nearly equal shares as practical, with the value of such
dispositions being credited to the share of each respective recipient. If the said
beneficiaries do not agree to the division of the personal property provided for hereunder,
the decision of my Executor, including the decision to sell the property at public or private
sale and distribute the proceeds therefrom as provided hereinafter, shall be final and
conclusive on all parties.
THIRD
I grant my Executor the following powers in addition to and not in limitation of
such powers as my personal representative shall hold by law:
(a) To retain all property received including the stock of any corporate fiduciary
acting hereunder, provided such property remains productive.
(b) To join in any corporation, partnership, recapitalization, merger, reorganization
or voting trust plan; to delegate authority with respect thereto; to deposit
investments under agreements and pay assessments; and generally to exercise
all rights of investors, including but not limited to, the voting of shares.
(c) To manage, operate, repair, improve, mortgage or lease on any terms any real
estate held or owned by nny estate.
(d) To operate any business that I may own at my death.
(e) To invest any funds of my estate in any stocks, bonds, notes or other securities
or property, real or personal, without regard to the principle of diversification
or any other statute or general rule of law in his, her or its absolute discretion,
it being my intention to give my personal representative the broadest
investment powers possible, providing such investments do not unnecessarily
prevent the prompt settlement of my estate.
GRIFFIE & ASSOCIATES
ATTORNEYS AT LAW
14 NORTH MAIN STREET
SUITE 550 200 NORTH HANOVER STREET
CHAMBERSBURG, PA 17201 CARLISLE, PA 17013
PAGE 2 OF 4
(f) To sell or otherwise dispose of any property, real or personal, tangible or
intangible, at any time forming a part of my estate in any manner and on such
terms and conditions as my personal representative shall see fit in his, her or its
absolute discretion.
(g) To borrow money for the payment of taxes or for any other proper purposes in
the administration of my estate, and to mortgage or pledge estate assets as
security.
(h) To compromise claims without approval including, but not limited to, any
FOURTH
No interest of any beneficiary of my estate, either in income or in principal, shall be
controversies with the United States of America or the Commonwealth of
Pennsylvania concerning estate and inheritance taxes on any interests that may
pass under this my Last Will and Testament.
(i) To distribute in cash or in kind upon any division or distribution of my estate.
(j) To undertake any and all acts deemed necessary and proper by my personal
representative for the proper, advantageous and prompt management of the
settlement of my estate.
(k) In general, to exercise all powers in the management of my estate, which any
individual could exercise in the management of similar property owned in his
own right, upon such terms and conditions as to him, her or it may seem best
and to execute and deliver all instruments and to do all acts which he, she or it
deems necessary or proper to carry out the purposes of this, my Last Will and
Testament.
subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any
beneficiary have the power in any manner to charge or encumber his interest either in
income or principal, nor shall the interest of any beneficiary be liable or subject in any
manner while in the possession of my Executor for the liability of such beneficiary.
GRIFFIE & ASSOCIATES
ATTORNEYS AT LAW
14 NORTH MAIN STREET
SUITE 550
CHAMBERSBURG, PA 17201
200 NORTH HANOVER STREET
CARLISLE, PA 17013
PAGE 3 OF 4
FIFTH
I nominate, constitute and appoint my son and daughter, JAMES E. LINDSAY
and DOROTHYL. BUSH, or the survivor of them, as Executors of this my Last Will and
Testament. I direct that my Executors shall not be required to give or post bond for the
faithful performance of his or her duties in this or any other jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and
Testament this ~~~ day of ~C, ~y ~ , 1997.
WITNESS:
MARIE x LINDSAY
GRIFFIE & ASSOCIATES
ATTORNEYS AT LAW
14 NORTH MAIN STREET
SUITE 550
CHAMBERSBURG, PA 17201
200 NORTH HANOVER STREET
PAGE 4 OF 4 CARLISLE, PA 17013
ACKNON~LEDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
I, MARIE ~ LINDSAY, the Testatrix, whose name is signed to the attached or
foregoing instrument, having been duly qualified according to law, do hereby acknowledge
that I signed and executed the instrument as my Last Will and Testament; that I signed it
willingly, and that I signed it as my free and voluntary act for the purposes therein
expressed.
!Y~ a~ Y3 ~
MARIE x LINDSAY
Sworn or affirmed and acknowledged before me, MARIE ~ LINDSA Y, the
Testatrix, this _ i~~"-~' day of , 1997.
'~ Notarial SQaI
trash A. Milipr, Notary Public
Carlisle ~3prp, Gurnberland County
My Commission Expires April 17, 20QQ
GRIFFIE & ASSOCIATES
ATTORNEYS AT LAW
14 NORTH MAIN STREET
SUITE 550 200 NORTH HANOVER STREET
CHAMBERSBURG, PA 17201 CARLISLE, PA 17013
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
~ e 11 e 4 v~e../ ~- and a n ~ ~ Imo- ~ 1 ~ ~ ~
We, ~ t ~- ~ ~.I
the witnesses whose names are attached to the foregoing document, being duly qualified
according to law, do depose and say that we were present and saw the Testatrix sign and
execute the instrument as her Last Will and Testament; that she signed willingly and that
she executed it as his free and voluntary act for the purposes therein expressed; that each
subscribing witness in the hearing and sight of the Testatrix signed the Last Will and
Testament as witnesses and that to the best of our knowledge the Testatrix was at the time
18 or more years of age, of sound mind and under no constraint or undue influence.
~1
Sworn or af~irme//d ~and~su~bscribe~
and ~/'j /~ /~.~. ~-,/fir"
1997.
me by /' ~~ ~ ~ ~~~
this c:~l .~~ ~ day of
Notarial Seal
Leah A. Miller, Notary public
Carlisle Baro, Cumber-a.7r~ Coun~
My Commission Expires Atartl 17.2 . n0
GRIFFIE & ASSOCIATES
ATTORNEYS AT LAW
14 NORTH MAIN STREET
SUITE 550 200 NORTH HANOVER STREET
CHAMBERSBURG, PA 17201 CARLISLE, PA 17013