HomeMy WebLinkAbout03-07-11PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of ELIZABETH R- SHELLY File Number ~~ _ / /' ('~~~C~~
also known as
Deceased Social Security Number i? 0 3 -10 - 8 9 5 9
SUSAN H. CONFAIR
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' OR 'B' BELOW.)
^X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the EXECUTRIX named in the
last Will of the Decedent dated ~ / 4 / 2 0 0 5 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, 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):
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.) n
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Name Relationshi R -~- e ~_' ~~-~
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(COMPLETE INALL CASES:) Attach additional sheets ijnecessary. --- ~`~
Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his /her last principal residence at ].7 4 4
(List street address, town/city, township, county, state, zip code)
Decedent, then 94 years of age, died on 2/2~/2~11 at MANOR CARE HEALTH SERVICES
170U MARKET STREET CAMP HILL PA 17011
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 5 , 0 ~ 0.0 0
(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:
Signature Typed or printed name and residence
SUSAN H• CONFAIR 2331 MARKET STREET
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 affirmed and subscribed
~'~1
before me the -day of
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Signature of Personal Representative
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Signature of Personal Representative ~ .~ ~--~ ::C7 _
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Fo ' he Register Signature of Personal Representative C~7 ,~ ~ ~ - -+
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File Number: ~ ~ - ~ - ~ 3 ~Z-
Estate of EL IZABETH R • SHELLY ,Deceased
Social Security Number: 2 U 3 -10 - 8 9 5 9 Date of Death: 2/ 2 0/ 2 011
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AND NOW, r ~ ~~ ~'`~ , 2011 , in consideration of the foregoing Petition, satisfactory proof
having been presented befo a me, IT IS DECREED that Letters T E S T A M E N T A R Y
are hereby granted to SUSAN H• C O N F A I R
in the above estate
and that the instrument(s) dated MAY 4 , 2 0 0 5
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters ...........................
Short Certificate(s) •••••••
Renunciation(s) •••••••••••
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nYPYn~i ;U fYIPYI~`
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$ • ~/
$ _
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$ ~ ~ , ~LJ
$ Q
.... $
.... $
.... $
.... $
TOTAL ............................. $
Attorney Signature:
Supreme Court I.D. No.: 2 0 8 6 8
Address: 2331 MARKET STREET
Telephone: 717 7 6 313 8 3
Form RW-02 rev. 10.13.06 Page 2 of 2
Attorney Name: DAVID W• REALER
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ill0i.5U5 HF. ~' :01/071 ~ V ~~ -~
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee ft>r this certificate, X6.00
P 17047852
Certification Number
This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vital
Records Office for permanent filing.
~~ J1~ ~ ~,~ FE,B 2 4/2011
C.l~a~a.-,~
Local Registrar Date Issued
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STATE FILE NUMBER
7. NdM d Deadua (FlrN, natltlb, lest, wMx) 2. Sex 3. SaAn SaaNry Number 4. Deb d Deem (MOnm, del'. Year)
Elizabeth R. Shelly Female 203 - 10+ - 8959 Februar 20, 2011
- 5. Age (LeN BiMday) Under 1 Under 1 8. DNa d aM MaM 7. and Nab a M. Pba d Deem CMck one
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• In freer, Wdh Cuan. (SOeaM
Cumberland Camp Hill Manor Care tAaxlan,ParaRian,eaa White
i 1. DscedulYe IAwN d work d ais mat d We. Do nd NaN raft 12 Wee Deadens evwr m dM 13. Oeadenys Edastla (Spedly asy hkJMN grade arlgl ebdi 11, MenW StNa: Mertled, Ncrer Merced, 15. Surwvklg Spo use (11 wse, give maiden name)
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1700 Market Street Decedent's Dltl peredent
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Edward E. Pearson Elizabeth Jerusha Ruhl
20e. Iniolrnant's Name (Type / PnM) 20b. miamienys MNkg Address (Street dry I ben, ebb, dD ma)
Edward Shell 304 Fifteenth Street New Cumberland PA 17070
eta. MNlad d DisPOSitron i ^ prenbtlen ^ Donalipn 21b. Deb d Dhpasbn (Mmm, day, year) z1o. Plea d Dlepoeifon (Name a cemNery, aanetay a otllx peal ltd. Laxeon ICiry /town, state, zip cereal
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May 4, 2005
C7
LAST WILL AND TESTAMENT ~~ •~ ^' `
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ELIZABETH R. SHELLY " ` ~ ~ ~ ~ - .
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I, ELIZABETH R. SHELLY of New Cumberland, Cumberland County, Pennsylvania, being of
sound and disposing mind, memory and understanding, do hereby make, publish and declare this my
Last Will and Testament, hereby revoking any and all prior Wills and Codicils thereto by me at anytime
heretofore made.
1. IDENTIFICATION OF FAMILY. I declare that I have two (2) children whose names are
EDWARD Q. SHELLY and BRUCE E. SHELLY. As used in this Will, the term "my
children" refers to all my natural children and adopted children. As used in this Will, the term
"issue" refers to all lineal descendants of the indicated person of all generations, with the
relationship of parent and child at each generation determined by the definition of
"child/children" set forth in this paragraph.
2. PAYMENT OF BURIAL EXPENSES AND DEBTS. I authorize my executor to pay all the
expenses of (1) a funeral or memorial service; (2) the internment of my remains, including the
costs of a gravesite, if necessary; and (3) the installation and inscription of a suitable marker at,
and perpetual care of, the gravesite. I further direct my executor to pay all of my debts that my
executor in his or her sole discretion may allow as claims against my estate.
3. DISPOSITION OF TANGIBLE PERSONAL PROPERTY. I give all of my tangible
personal property of every kind and description, including, but not limited to, books, pictures,
clothing, articles of household or personal use or adornment, household furnishings and effects,
and automotive vehicles and their accessories, but excluding any money, evidences of
indebtedness, documents of title, and securities and property used in connection with the
operation of any trade or business, in equal shares, to my children. PROVIDED THAT if any of
my children are not living on the sixtieth (60) day after the date of my death, I leave the share of
that deceased child to his respective spouse; FURTHER PROVIDED THAT, if such deceased
child's spouse does not survive me, I leave my tangible personal property, in equal shares, to such
deceased child's children (my grandchildren), who survive me, per stirpes.
Any item of personalty passing to a minor under this Section 3 may be delivered to the minor or
to any person to hold for the minor, as my Executor thinks advisable, and the receipt of any such
persons, including the minor, shall constitute a full and complete discharge to my Executor.
4. DISPOSITION OF RESIDUARY ESTATE. All of the rest, residue and remainder of the
property that I own at the time of my death, both real and personal, and of every kind and
description, wherever situated, to which I may be legally or equitably entitled at the time of my
death (my "residuary estate"), I give outright and absolutely to my children, EDWARD Q.
SHELLY and BRUCE E. SHELLY, to be divided equally. PROVIDED THAT IF EDWARD
Elizal~'th R. Shelly
S:\WPWin\WILLS\She11yE Will.doc
May 4, 2005
Q. SHELLY is not living on the sixtieth (60) day after the date of my death, I leave his share to
his spouse, PATRICIA A. SHELLY. PROVIDED THAT IF BRUCE E. SHELLY is not
living on the sixtieth (60) day after the date of my death, I leave his share to his spouse,
KATHY SHELLY. FURTHER PROVIDED THAT, if such deceased child's spouse does not
survive me, I leave my residuary estate, in equal shares, to such deceased child's children (my
grandchildren) who survive me, per stirpes.
5. POWERS OF ADMINISTRATION.
5.1. Grant of Powers. My executor, in the administration of my estate, (my "fiduciaries")
shall have the powers and authorities set forth in this Article 5. These powers and authorities
may be exercised by my executor and trustee in their sole and absolute discretion, without the
permission or order of any court. These powers shall be supplementary to those conferred by
law, including, but not limited to, those set forth in Title 20, Chapter 33, of the Pennsylvania
Consolidated Statutes.
5.2. Retention of Assets. My fiduciaries shall have the power to retain any or all property of
my estate, however received and acquired, for so long as they deem appropriate. This power may
be exercised even though the property may not be of the type authorized by law for investment,
and even though the retention may leave a disproportionately large amount of the value of my
estate invested in one type of property.
5.3. Transfer of Assets. My fiduciaries shall have the power to sell, transfer, and convey any
property, of whatever nature, including real property, and wherever situated, that I may own at
the time of my death, or that may come into my estate or after my death. The sale, transfer, or
conveyance may be by public or private sale, at such time, on such terms and conditions,
including selling price and credit, in such manner, and for any reason that my fiduciaries deem
appropriate, including, but not limited to, the purpose of obtaining net proceeds to be distributed
to my residuary beneficiaries.
5.4. Investment. My fiduciaries shall have the power to invest and reinvest any property in
my estate in preferred and common stocks, bonds, notes, common trust funds (including any
managed by any corporate fiduciary), interests in investments, trusts, mutual funds, leases,
mortgages on property wherever located, and, generally, in any property and in proportions of
property as my fiduciaries deem advisable, even though the investments are not of the character
or proportions authorized by applicable law for the investment of the funds.
5.5. Power to Borrow. My fiduciaries shall have the power to borrow money for any
purpose, for any periods of time, and on any terms and conditions as they deem advisable
(including the power to borrow from any corporate fiduciary), and to pledge, mortgage, or
otherwise encumber any property in my estate to secure repayment of any loan, as well as the
power to renew existing loans either as maker or endorser.
5.6. Power to Hold Property in Nominee Form. My fiduciaries shall have the power to
hold any property in the name of a nominee or in bearer form.
f.
2
Eliza R. Shelly /
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May 4, 2005
5.7. Distribution in Cash or in Kind. My fiduciaries shall have the power to make
distributions in cash or in kind, or partly in cash, in divided or undivided interests, as amended,
or other applicable law, and to determine which assets shall be sold and which shall be
distributed in kind, without notice to or consent by any beneficiary.
5.8. Distribution to Minors and Persons Under Disability. My fiduciaries shall have the
power to make distributions or payments to or for the benefit of any beneficiary who is a minor,
an incompetent, or who in the fiduciaries' judgment is incapacitated. The distributions or
payments shall be made in any one or more of the following ways: (1) directly to the beneficiary;
(2) directly to the creditor in payment of the debts or expenses of the beneficiary; (3) to the
guardian of the person or estate of the beneficiary; (4) to any custodial parent of a minor
beneficiary; (5) to a custodian for the beneficiary under any law related to gifts to minors,
including to my fiduciaries in that capacity; or (6) to any other person who shall have the care
and custody of the person of the beneficiary. There shall be no duty to see to the application of
funds so paid, provided due care was exercised in the selection of the person to whom the funds
were paid, and the receipt of the person shall be full acquittance of the fiduciaries.
5.9. Continuation or Liquidation of Business. My fiduciaries shall have the power to
continue or to permit the continuation of any business, incorporated or unincorporated, in which I
may have any interest at the time of my death for any period of time, or to liquidate the business
on any terms as they deem appropriate. This power includes, but is not limited to (1) the power
to invest additional sums in any business, even to the extent that my estate may be invested
largely or entirely in the business, without liability for any loss resulting from lack of
diversification; (2) the power to act as or to select other persons to act as directors, officers, or
employees of any business, to be compensated without regard to being a fiduciary under this
Will; and (3) the power to make any other arrangements in regard to any business as my
fiduciaries shall deem proper.
5.10. Employment of Agents. My fiduciaries shall have the power to employ and pay the
compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts, investment
counsel, accountants, bookkeepers, or other agents or providers of services as my fiduciaries
deem advisable in the administration of my estate.
5.11. Commissions. My fiduciaries shall have the power to take reasonable commissions on
account at any time during the administration of my estate without the approval of any
beneficiary or of the court, but subject to allowance or disallowance on the settlement of the final
accounts of my fiduciaries.
5.12. Third Party Reliance. No person or corporation dealing with my executor shall be
required to see to the application of any property paid or delivered to my executor, or to inquire
into either the authority of my executor to enter into any transaction or the expediency or
propriety of any transaction entered into by my executor.
3
Elizab R. Shelly
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5.13 Charitable Donations. In the event that any of my tangible personal property is donated
to a charitable organization(s) then my fiduciary is instructed to use the value of said donation(s)
as an inheritance tax deduction for any inheritance tax return which may be required to be filed as
a consequence of my death.
6. PAYMENT OF DEATH TAXES.
6.1. Payment of Estate Taxes. I direct that all federal and Pennsylvania estate taxes payable
as a result of taxes assessed on property passing under this Will shall be paid from my residuary
estate as a part of the expenses of the administration of the estate.
6.2. Inheritance Tax. I direct that the Pennsylvania inheritance taxes payable as a result of
my death, limited to taxes assessed on property passing under this Will, shall be paid out of my
residuary estate and shall not be deducted or collected from any beneficiary under this Will or
other transferee.
7. EXECUTOR.
7.1. Appointment. I name, constitute, and appoint SUSAN H. CONFAIR, ESQUIRE, as
executor of my estate. If SUSAN H. CONFAIR, ESQUIRE shall not survive me, shall not
serve as executor for any reason, or shall cease to serve as executor for any reason after
appointment, I appoint EDWARD Q. SHELLY and BRUCE E. SHELLY as successor co-
executors in her place.
7.2. Bond Not Required. None of the individuals named in Section 7.1 shall be required to
furnish a bond for the faithful performance of his or her duties as executor.
8. PRESUMPTION IN CASE OF SIMULTANEOUS DEATH. For the purposes of this Will, in
determining whether a person has survived me or another person, a person shall not be deemed to
have survived me or another person if he or she dies within sixty (60) days of my death or of the
death of the other person.
9. LIABILITY OF EXECUTOR. My executor shall not at any time be liable for mistake of law
or of fact, or both law and fact, or errors of judgment, nor for any loss coming to any beneficiary under
this Will, or to any other persons, except through actual fraud or willful misconduct on the part of the
executor or trustee. My executor may, from time to time, consult with counsel with respect to the
meaning, construction, and operation of this Will, particularly with respect to the appointments,
allocations, and disbursements, and may act on the advice of counsel in all matters without incurring
liability on account of his or her actions.
10. INTERPRETATION.
10.1 Successors of Fiduciaries. All pronouns
"executor" shall be construed to mean any person acting
representative, or administrator, as the case maybe.
4
referring to an executor and the term
as my executor, co-executor, personal
Elizab R. Shelly
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May 4, 2005
10.2 Number and Gender. If required by the context of this Will, singular language shall be
construed as plural, plural language shall be construed as singular, and the gender of personal pronouns
shall be construed as either masculine, feminine, or neuter.
10.3 Headings. All headings used in this Will to describe the contents of each article,
paragraph, or other division are provided for convenience only and shall not be construed to be a part of
this Will.
10.4 Governing Law. This Will shall be construed in conformity with the law of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and
Testament, consisting of five (5) typewritten pa es, the first four (4) of which bear my signature in the
margin for the purpose of identification, this ~~ day of ,~v , 2005.
~~
ELI BETH R. SHELLY, Testa
Signed, sealed, published and declared by the above-named Testatrix, ELIZABETH R.
SHELLY, as and for her Last Will and Testament, in the sight and presence of us, who, at her request,
in her sight and prese and in the sight and presence of each other, have hereunto subscribed our
names as witnesses.
Witness Address
Witnes Address
5
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May 4, 2005
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
I, ELIZABETH R. SHELLY, THE TESTATRIX, WHOSE NAME IS SIGNED TO THE 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.
SWORN OR AFFIRMED TO AND ACKNOWLEDGED BEFORE ME BY ELIZABETH R.
SHELLY, THE TESTATRIX THIS M DAY OF ~ 2005.
~ ~ /
ELI BETH R. SHELLY
-~L~~-~.~..w---lam .,~.,~e~sio~-~..~..~.~-y--
NOTARY PUBLIC
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
wE, _~-1 ~~~. Lh C ~ AND IYJGZ-r~ I~'Ileo~ ~A~~a ~
THE WITNESSES WHOSE NAMES ARE SIGNED TO THE FOREGOING INSTRUMENT, BEING DULY
QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND SAW THE
AFORESAID 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 OF US IN THE
HEARING AND SIGHT OF THE TESTATRIX SIGNED THE WILL AS WITNESSES; AND THAT TO THE
BEST OF OUR KNOWLEDGE THE TESTATRIX WAS AT THE TIME EIGHTEEN (18) OR MORE YEARS
OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE.
SWORN OR AFFIRMED
~/fj~ ~~ , 2005.
TO AND SUBSCRIBED TO BEFORE ME, THIS ! DAY OF
COMMONVIFEALTH OF PENNSYLVANIA
Notarial Seal
Cassandra T. Rasenbatxn, Notary PubNc
Came HiN Born, Cum ~. 4 2008
My Cortmrssiort Expi
Member, Pennsylvania Association Of Notaries
WITNESS
WITNESS
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NOTARY PUBLIC f