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HomeMy WebLinkAbout02-28-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of HELEN M. BROLLY a/k/a: a/k/a: a1k/a: (If applicable, enter d.b.n., pendent lite, durante absentia, durante minoritate) 182-22-8949 Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as applicable: D A. Probate and Grant of Letters Testamentary or ~ Administration c.t.a., or d.b.n.c.t.a. (complete Part a also) and aver that Petitioner(s) is/are entitled to the aforementioned Letters TESTAMENTARY under the last Will of the above-named Decedent, dated 6/13/2002 and codicil(s) dated . KATHLEEN S. DALY, DAUGHTER OF DECEDENT, AND WILLIAM R. BROLLY, SON OF DECEDENT, ARE NAMED AS CO-EXECUTORS OF DECEDENT'S WILL. WILLIAM R. BROLLY RENOUNCED HIS POSITION ON 02/18/2011. (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 instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established. as defined in 23 Pa. C.S.A. § 3323(g): O B. Grant of Letters of Administration C. Petitioner(s), after a proper search, has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (If Administration c.t.a. or d.b.n.c.t.a., enter date of Wiii in Section. A and. complete list of heirs); was not the victim of a killing; was never adjudicated an incapacitated person; anal was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(g), except as follows:- Name Address Rela s i to Decedent ~` t' - i> ~ ._ .~-- ,, r,- J? .--sue ... _ } ._~ ~-~~f° USE ADUITI(~NAL SHEETS IF NECESSARY Total Estimated Value 7~7 .~ _, :,-¢ `. `. , -~ l ,- J '~ ~ c`~ ~ __._ THIS SECTION MUST BE COMPLETED: ~ c.,,~ `''~ G Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal resf~ence At 624 Gutshall Road, Boiling Springs, PA 17007 (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then 81 years of age, died Estimated value of decedent's property at death: If domiciled in PA If not domiciled in PA If not domiciled in PA Value of Real Estate in Pennsylvania Location of Real Estate in Pennsylvania: (Provide full address if possible.) Signature(s) ~~ ~ ---~ .. 94,000.00 94,000.00 Narne(s) & Mailing Address(es) Kathleen S. Daly, 624 Gutshall Rd., Boiling Springs, PA 17007 t„rP,;,,, Fnf,» R W_(1'J ,-P~;~P~1 1 ~ 2f. t (1 by f'umherlanri County nendinE action by the Court Pale 1 of 2 2/6/2011 (Month, Day, Yeaz of death) Deceased ESTATE NO: 21- 1 ~' Q ~ 7~ SS NO: at BOILING SPRINGS, PENNSYLVANIA (City and State where death occurred) All personal property Personal property in Pennsylvania Personal property in County OATH OF PERSONAL REPRESENTATIVE ~ =~~ ~ Commonwealth of Pennsylvania ' ~'~ ~ ~ L ~ ~ ~- County of Cumberland SS t ' ' ~ ~"`_~ ~ -~ ,~ ~,_ ~., ....~. ~ f"'1.•4 '.,. . ~ The Petitioner(s) herein named swear or affirm that the statements in the foregoing Peritic~ri ~e true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal repre~'ritative(s) o~ they .:~ Decedent, Petitioner(s) will well and truly administer the estate according to law. ~ `~~ Sworn to or affirmed and subscribed ? bef e e this ~~t~ da of ~ D~ v, r the Register DECREE OF PROBATE AND GRANT OF LETTERS Estate of HELEN M. SHOLLY ,Deceased File Number: 21- - Jr~- AND NOW, this ~~day of ~ Y' ~ ~1 , in consideration of the Petition on the reverse side hereon, satisfactory proof having been pr sented before me, IT IS DECREED that Letters x Testamentary of Administration are hereby granted to: (If applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.) KATHLEEN S. DALY in the above estate and that instruments(s) dated 2J6/2oo2 described in the,petition be admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. Glenda Farner St Register of Wills FEES: Letters ....................$ ~ DZ) Will ....................... Codicil(s) .............. . (~ Short Certificates ( )Renunciations....... Bond ............................ Other ............................. Automation FEE......... 5.00 JCS FEE ................... 23.50 J _rj~2IJ~C~ TOTAL ................ $ Signature of Counsel Required to Enter Appearance Atty's Signature r PRINTED Name: ANDREW J. BENDER, ESQUIRE Supreme Court ID No.: 205763 Address: 61 WEST LOUTHER STREET CARLISLE, PA 17013 Phone: (717) 249-1177 Fax: (717) 249-4514 Interim Fonn RW-02 revised 12.26. l0 by Cumberland County pending action by the Court Page 2 oti 2 C~ ~ RErfUNCIATION ~ ~~' ~~ ~~~ ~~~ REGISTER OF WILLS ~_ : {--~~ 4 CUMBERLAND COUN'T'Y, PENNSYLVANLA - ,- ~j -' ~' ~--= Estate of HELEN M. SHOLLY wx . ~._ -~ ~~~ ~ -r ~~ ~~:., _ 1 , ._.~ _ _ ~.,~~ ,} ~;, , _.__ ;~ I Deceased I, WILLIAM R. SHOLLY , in my capacity~relationship as (PrfntNaine) SON/CO-EXECUTOR NAMED IN TTY WILL of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to KATHLEEN S. DALY Z -/~ ~f ~~ Executed in Register's O,~ice Sworn to or affirmed and subscribed before me this day of Deputy for Register of Wills Form RW-0'6 rex 10.13. U6 ~1..~- ~I ~'p ~~t,~a~, __ '~~I~a 3 ~7 (ctry, srar~e, z~~ Executed out of Register's O, f~ae Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purposes stated within on this ~~' ~` h day of ~ bra ~.~ , ~.ea i1 .J Notary Public My Conunission Expires: /~2-5 a2t.~i/ (Sign~atonc and Seal of Notary or other official goali5od to administer oaths. Slow da6e of expa~tian of Notary's Commission.) ^rr•^^r^martrrrrsrr^rr•nrrrrrrr^r^^^r^^^^• LAUREN KAY. EVAN3 ~uusti~y ~ r p, Comm# DD0739583 Expires 12!5/2011 Florida NafsryAssn.. ktc `~+~rrrrrrnun•••usrrnnrunrrnramu~ ~,--~ _~..`.,rv =~=~ ~~ _. ~ f 1 ~ t_ J ~., ,e LAST WILL AND TESTAMENT _~~ ~,r4 ,-- j "" - , t--;-, ~, , r .~ ,~.~ p-~~.,+4 ~! ; ~~, 4 ...._ .:,.., ^Z; Helen M. Sholly .~ ~-' taw,'.-: .,, . .y,. I, Helen M. Sholly, of 405 Valley Street, Mechanicsburg, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making void all previous Wills and Codicils heretofore made by me. 1 I order and direct my personal representative hereinafter named to pay all of my just 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 personal representative 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. If I do not own a burial plot or a grave marker at the time of my death, I authorize my personal representative, in his, her or its sole discretion, to purchase a burial plot and to erect a suitable grave marker at my grave, and to expend sums from my estate for this purpose. 2 I give, devise and bequeath the following property with all insurance proceeds thereon as follows: Any and all items of my personal property which my daughter Kathleen S. Daly and my son William R. Sholly may desire to have may be taken by them and kept as their own. The rest, residue and remainder shall be sold ,either publicly or privately, by my personal representative Page 1 of 8 ~C:,. ~;a~ Crr " i ~/ ~..e- and the proceeds of the sale shall be divided as stated herein after payment of my estate debts, without taking into account the tangible personal property otherwise provided to them. 3 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 of one third each to my children Kathleen S. Daly and William R. Sholly who survive me by sixty (60) days per stirpes. The remaining one third share is to be divided between my granddaughters Josette D. Fought and Jaime Fought, with Jaime receiving either 2°10 of the one third share, or $500.00, whichever is the lesser amount. 4 Any devise or distribution under this Last Will and Testament which is payable to any beneficiary who may be under 25 years of age or, in the judgment of my personal representative, mentally disabled, shall be held in a separate trust by my personal representative as trustee until such beneficiary reaches 25 years of age during such period of disability. In the case of a beneficiary under 25 years of age, the Trustee may distribute the entire remaining balance of principal and accumulated interest at or after attaining 25 years of age. During the term of any trust created pursuant to this Paragraph, the Trustee is authorized to expend and apply so much of the net income and principal of each such trust as the Trustee shall consider advisable for the health, maintenance, support, and education (including college education, undergraduate and graduate} of each such beneficiary until he or she attains 25 years of age, or until all such Page 2 of 8 ame amounts are paid out of trust. I direct that no Guardian shall be required to give or post bond for the faithful performance of the Guardian's duties in this or any other jurisdiction. 5 I grant my personal representative 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 my 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. Page 3 of 8 L... vyr. d~a (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 its absolute discretion. (g) To borrow money for the payment of taxes of 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 court approval including, but not limited to, any 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. Page 4 of 8 ~~ L~1~i A `N~~ N e 6 No interest of any beneficiary of my estate, either in income or in principal, shall be 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 personal representative for the liability of such beneficiary. 7 I nominate, constitute and appoint my children, Kathleen S. Daly and William R. Sholly as co-executors of this my Last Will and Testament. In the event that one of my children are deceased, unable or unwilling to serve or shall cease to serve for any reason whatsoever, then I nominate, constitute and appoint the other child as personal representative of this my Last Will and Testament. I direct that my personal representative shall not be required to give or post bond for the faithful performance of his, her or its duties in this or any other jurisdiction. 8 I hereby declare it to be my expressed desire that my personal representative employ the law firm of Stephanie E. Chertok, Esquire, of Cumberland County, Pennsylvania, for legal advice and assistance regarding this my Last Will and Testament, they having considerable knowledge of my affairs, views and wishes respecting any matters that may arise at the probate Page 5 of 8 N of this instrument, the administration of my estate, and the execution of the powers herein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament this ~ day of ~IY-2. , 2002. WITNESS: Helen M. Sho y ,.~ -t/~,.~- Page 6 of 8 ~I. ~i 4~. -~~~ me ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS I, Helen M. Sholly, 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. ~~~~ l `'' ,Q ~~ ~ elen M. Sh ly Sworn or affirmed and acknowledged before me by Helen M. Sholly the testatrix this _ day of _, 2002. _ j, ~~~~ .~-~ NOTARIAL SEAL Stephen B. Lipson, Notary Public Carlisle Borough, County of Cumberland iU1y Commission Expires Jan. 15, 2004 Page 7 of 8 ,~' AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND -,. ~~ ~ ` ~. Q and ~tC~~1nr~-r~..~-e /~~~v~ ,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 testatrix sign and execute the instrument as her Last Will and Testament; that she signed willingly and that she executed it as her 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. ~~ ~-,~ Sworn or affirmed and subscribed before me by ~~'~°~ ~~ ~~= ~~ ~',-- ;~~z and ~S~ , ~ ~~ t ~ ~ /~f ~ ~..~,~~-- this ~ ~ `~--day of ~ ~, ~. ~ , 2002 . IV07'ARIAL SEAL , .~- ~ ~ ,, =' Stephen B. Lipson, Notary Public Cariisie Borough, County of Cumberland ~y Comrr~issir~n expires Jan; 15, 2p(~4 Page 8 of 8 a/ o..,~