HomeMy WebLinkAbout03-04-11PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA -=
Estate of Dorothy M. Sweitzer File Number ~ ~ ~ ~ ~ ~~~~
also known as
Deceased Social Security Number
William C. Porter
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE A' OR 'B' BELOW.)
0 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the executor named in the
last Will of the Decedent dated 3/19/2010 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, was never adjudicated incapacitated, and was not a party to a pending divorce proceeding at the time
of death wherein grounds for divorce had been established as provided in 23 PA C.S. section 3323 (g):
none
^ B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente liter durante absentia; durante minoritate)
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 Will in Section A above and complete list of heirs.)
Name Relationshi Residence
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Decedent was domiciled at death in Cumberland County, Pennsylvania, with his /her last principal residence at -~`" `'"~
101 N. Prince Street. Aot. 212 Shiooensburg PA 17257 Borough of Shippens ra
(List street address, towrr,/crty, townshrp, county, state, zip code)
Decedent, then 87 years of age, died on 1/28/2011 at Chambersbur. Hospital
Chambersburg PA 17201
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 5.000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $
none
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:
Signature Typed or printed name and residence
,~--~ -- , -
' William C. Porter 110 Stewart Place
Shi ensbur PA 17257
Page 1 of 2
Form RW-02 rev. 10.13.06
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA ;
SS
COUNTY OF CUMBERLAND
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 representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
__.--._ ,
Sworn to or affirmLe~d and subscribed
before me the _! t h day of
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Signature of Personal Representative William C. Porter
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Signature of Personal Representative r-
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For the Register Signature of Personal Representative ~ ~ ~ ! , , '
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File Number: ~ ~
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Estate of Dorothy M. Sweitzer ,Deceased
Social Security Number 202201894 Date of Death: 1 /28/2011
AND NOW, March t ~ , 2011 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to William C. Porter __
in tl:e above estate
and that the instrument(s) dated March_ 19, 2010
described in the Petition be admitted to probate and filed of record ~s the last Will (and Codicil(s)) of I~cedent. s~ ~ ~
FEES
Letters $ 30.00 Register o ill ~ "'
~~.
Short Certificate(s) • • • • • • • • • • • • $ 8.00 Attorne Si afore:
Y ~ - • ` - Z~ ~
--
Renunciation(s) •••••••••••••••• $
JCS fee .... $ 23.50 Attorney Name: J . Zullin er
automation .... $ 5.00 Supreme Court I.D. No.: 17516
will .•.. $ 15.00
.,., $ Address: 14 North Main Street. Suite 200
•"' $ Chambersburq
.... $
.... $ PA 17201
.... $
$ Telephone: (717264-6029
TOTAL ............................. $ 81.50
Form RW-02 rev. 10.13.06 Page 2 of 2
JRZ - 5.1 sweitzer.2 March 16, 2010
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. LAST WILL AND TESTAMENT ~ :`~, ~,-, ~~ ~.-.,:-
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I, Dorothy M. Sweitzer, of 101 Prince Street, Room 212,
Shippensburg, Cumberland County, Pennsylvania, being of sound and
disposing mind, memory and understanding, do hereby declare this to
be my will, hereby revoking any and all former wills and codicils
thereto by mP heretofore made.
I.
I direct that all my just debts and funeral expenses,
including all expenses of my last illness, shall be paid from my
estate as soon as practicable after my decease as a part of the
expense of the administration of my estate.
II.
I give, devise and bequeath the residue of my estate of every
nature and wherever situate to my brother, William C. Porter,
providing he shall survive me by thirty days.
III.
Should my brother predecease me or die on or before the
thirtieth day following my death I give, devise and bequeath the
residue of my estate of every nature and wherever situate to my
niece, Grace E. Commerer.
IV .
..
,`~ An fiduciary under this will shall have the following powers
Y
in addition to those vested in them by law and by other provisions
of my will applicable to all property whether principal or income,
including property held for minors, exercisable without Court
approval, and effective until actual distribution of all property:
A. To retain any and all of the assets of my estate, real or
personal, without regard to any principle of
diversification of risk.
B. To invest in all forms of property including stock,
common trust funds and mortgage investment funds without
restriction to investments authorized for Pennsylvania
fiduciaries as they deem proper, without regard to any
principle of diversification of risk.
C. To sell at public or private sale, to exchange 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 or conditions
as they deem proper.
D. To allocate receipts and expenses to principal or income
or partly to each as they from t ime to t ime think proper .
E. To compromise any claim or controversy.
F. To distribute in cash or in kind or partly in each.
Page 2
3
G. To hold property in their names without designation of
any fiduciary capacity or in the name of a nominee or
unregistered.
V.
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 a part of the expense of
the administration of my estate.
VI.
I appoint my brother, William C. Porter, as executor of this
my will. Should my brother predecease me, fail to qualify or cease
to act, I appoint my niece, Grace E . Commerer, as executrix of this
my will.
VII.
No bond shall be required of any fiduciary hereunder in any
jurisdiction.
2N W2TNESS WHEREOF, I hereunto set my hand and seal to this my
last will and testament, consisting of five typewritten pages, the
first three of which bear my signature in the margin for the
Page 3
purpose of identification this _! Q ~. day of
..~~~ 2~
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( SEAL )
Signed, sealed, published and declared by the above-named
testatrix as and for her last will and testament in our presence,
who in her presence, at her request and in the presence of each
other have hereunto set our hands as attesting witnesses.
/YH~~¢~nk~e~/a.
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~! ~6c1/Tmllaw ~d, ~iLSdav4- ~~
We, Dorothy M. Sweitzer, ~. ~ /~ /'- and
(f~Yld ~~ ~.J • ~ e ~~ , the testatrix 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 testatrix signed and executed the
instrument as her last will and testament and that she executed it
as her free and voluntary act for the purposes therein expressed
and that each of the witnesses, in the presence and hearing of the
said testatrix, signed the will as witnesses and to the best of
their knowledge, said signer was at that time eighteen years of age
Page 4
or older, of sound mind and under no constraint or undue influence .
Subscribed, sworn to and acknowledg~.~
before me by the above-named signer and
subscribed and sworn to before ~ne by the
above-named witnesses this ~ day of
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Notar Public
COMMONWEALTH 0_F PENNSYLVANIA
Notaclal Seal
Angela M. Schaei4'er, Notary Public
Shtppensburg Boro, Cumberland County
My Commission Expires May iS, 2011
Member, Pennsylvania Association of Notaries
Page 5
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Test rix