HomeMy WebLinkAbout03-31-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WILLS
PETITION FOR PROBATE AND GRANT OF LETTERS
Estate of Clyde R. Kurtz Jr
a/k/a: Ciem Kurtz
a/k/a:
a/k/a:
SS NO: 211-24-1004
Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND `~C" as
applicable:
fs~'~. Probate and Grant of Letters Testamentary or p Administration c.t.a., or d.b.n.c.t.a. (complete Part C also)
and aver that Petitioner(s) is/are entitled to the aforementioned Letters _ under
the last Will of the above-named Decedent, dated 1/12/1995 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
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(8):
^ B. Grant of Letters of Administration
(tt applicable, enter d.b.n., pendent lite, durante absentia, durante minoritate)
C. Petitioner(s), after a proper search, has/have ascertained that Decedent left no Wi11 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 and complete list of
heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a part~~ to a pending divorce
proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(8), e~~t as follows:
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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
(Month, Day, Year of death)
Deceased ESTATE NO: 21- ~' `' ~ ~ -~ (~C. ~~_
(City and State where death occurred)
All personal property ~
Personal property in Pennsylvania $
Personal property in County $
Total Estimated Value $
Location of Real Estate in Pennsylvania: (Provide full address if possible.)
5,000.00
5,000.00
ature(s} Name(s) 8 Mailing Address(es)
_ u (( gi rv i ~7Ui
Interim Form R~~--0? revised l'?.26.10 by Cumberland County pending action by the Court --
Page 1 012
THIS SECTION MUST BE COMPLETED: `r
Decedent was domiciled at death in Cumbe land County, Pennsylvania with his/her last family or principal residence
At ~ Lc,~ 's ,r>~ hc~ 2~i ®l`~ l~70l3
( eet address with Post O e and Zip Code, Municipality: Township, Borough, City)
Decedent, then 80 years of age, died 2/15/2011 at Carlisle, Pennsvlvania
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS ~ `a r r ~"
CERTIFICATE OF DEATH ~ • ~ L,.~ ~-~
(See instructions and examples on reverse) ~`°->
STATE FILE NUMBED i..ti-~, ~' ~
' Sex 3 Suclal Secuuty Number 1 Dale d DEd(h ; Mpnlh. day. year)
5 Age ,Last g.nntlay' Under t ear Male 211 - 24 - 1004 Febn
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16 Decedent s tv4uhny Address (Street wry wwn stare. [1p rodei 1 2
Decedents W1dOWed
pennSylvania ~ Decedent
405 MOUntainview Lane Actual Residence t 7a Stare Lne m
a t 7c ^ vas. Decedent Lved .n _
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Dau hin PP. 17018 1.D County Dauphin r-v
,~tl LTNo DecedentL,ved•,m,n Daup in
l3 Father s Namn IFu>t m,ddle ast suflal
Actual L,mlls tit
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Cl de R. Kurtz, Sr, tg Mothers Name lF,rst mrdde maWen >wnamel
:Oa Informant s Name .Type Pnntl Laura M. Bortz
Mlehael P
Kurtz :GD Inc«manYSMaJ,ngAdtlreaslStreet crry town state.zpcadel
. 405 Mountainview Lane Dauphin, PA 17018
Zta. Mettwd ~I G,sposihon Cremalron
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uCrernatwnwDonationAutnaaed^ 2/23/2011
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Indlantown Gap National Cemetery Anlzville
PA
22 nl Funeral ServKe Lcen ee ~« person actir as such) ~
'g _2D LKense Number 22c Name and Address of Faullty ,
~ `~ FD-013592-1 2100 Linglestown Rd. Harrisburg
PA 1711()
Complete hams 23at c+xr when cemtyu,g 23a. ?u the Deft ul my uwwkdge, Meath otturred at,lhe time. date a ,lace scat ISgnature and stler
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CAUSE OF DEATH (Sao instructions and examples)
t;am 2' Part I Erxer the :na,n ,rl 2vg;~ - yseases .r,,unas «complKalans - coal tluectly caused the deatD DO NGT en,er ~armnal a is won as .ardlac are;;
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TO the Dist of my knowlMge. deatA occurred dw to 1111 caw pnvsrc,an has uruKwrc?U daaL'~ „rid -.;mc~e:eu Item 231 !"~-~__-_ U
sots) and manner as s1alW_ _ - ~_,_
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To the txsl of my uwwkdge. death occurred at ttw hme dale. and place, and duo to tM causal s) and manner as sOted_ _ _ _ _ _ _ _ _ _ _ _ _ '" -. er>a Nwr :":: sae ?,c,,1ed Mcnln tar yeah
' MedKal Examiner 1 Coroner - - - - - t.~
On lht Dasrs d )nation and / or investlgatron. m opmron. death occurred al the time, date, and place, and due to the caw /~ G' r C 1" ( ~ L ? ! / ~ ~ Z /
sNs) and manner as >lated_ [~
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LAST tiVILL AND TESTAMENT ~- `~~' ~.:: -_--,
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OF ~ ~ ,T
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CLYDE R. KURTZ, JR. ~ . ~ ,. ~ . __ ~ ~ ~ t~~
T~ , ,
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I, Clyde R. Kurtz, Jr. a/k/a Clem Kurtz, presently residing
and domiciled in the Borough of Dauphin, Dauphin County,
Pennsylvania, being of sound mind and disposing memory and not
under the restraint or undue influence of any person, do make,
publish and declare this to be my Last Will and Testament, hereby
revoking all former wills and codicils executed by me.
ITEM I: I hereby direct that all my just debts, including
unpaid charitable pledges whether or not the same are legally
enforceable obligations of my estate, the expenses of my last
illness, funeral and burial, and the cost of a suitable marker at
my grave, and the taxes or other expenses in connection with the
probate of this Will and administering my estate, shall be paid
by my Executrix, hereinafter named, from my residuary estate as
part of the expense of administration of my estate.
ITEM II: I hereby nominate and appoint my wife Ann Marie
Kurtz, as the Executrix of my estate. In case of her death,
c:~~si~~a~~km.W;~
November 8, 1994
either before or after mine, or if she should resign or be
disqualified or unable to act, or be removed, then and i.n such
event I nominate and appoint my son Michael Kurtz of Dauphin,
Pennsylvania and my daughter Joyce Kurtz of Newport, Pennsylvania
as Co-Executors, and confer upon them in such capacity all of the
rights, privileges, and powers which I have given unto my wife as
Executrix.
ITEM III: I devise, bequeath and appoint to my wife, Ann
Marie Kurtz, all of my property, or every nature and wherever
situate, providing she shall survive me by sixty days.
ITEM IV: Should my wife predecease me or die on or before
the sixtieth day following my death, I devise and bequeath my
estate of every nature and wherever situate to my children, Gary
Kurtz, Michael Kurtz, Arthur Kurtz, and Joyce Kurtz or those of
their issue who survive me on the sixty-first day following my
death in equal shares, share and share alike. However, as my
sons Gary and Michael and my daughter Joyce have jointly
purchased a parcel of land comprised of ten (10) acres more or
less, currently held in the name of Gary Kurtz, and as one of
them may wish to purchase the interests of my other children
named above but have insufficient funds to do so, I direct that
the funds necessary to buy out the remaining equitable owners at
the fair market value of their interest be paid from my estate
with a corresponding reduction in the share to which he or she
c:~~si~aa~~~.W~
November 8, 1994 2
may be entitled pursuant to this paragraph. Should they so
desire, and if municipal ordinances permit, they shall have the
option to subdivide the land into proportionate shares. In such
event, the conditions expressed in this paragraph shall not be
operative, and my children shall be entitled to share in my
estate on an equal basis with no reduction.
ITEM V: If any beneficiary hereunder should die within
sixty (60) days after my death, he shall be deemed to have
predeceased me for all purposes hereunder.
ITEM vI: My personal representatives, trustees, and
guardian of any minor children, shall have the following powers
in addition to those vested in them by law and by other
provisions of my Will, applicable to all property, including
property held for minors, whether principal or income,
exercisable without court approval, and effective until actual
distribution of all property:
A. To retain any or all of the assets of my estate,
real or personal, without regard to any principle of
diversification, risk or productivity.
B• To invest in all forms of property without
restriction to investments authorized for Pennsylvania
fiduciaries, as they deem proper, without regard to any principle
of diversification, risk, or productivity.
C:\.vp5lkd\clem.wil
November 8, 1994 3
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 deem proper at their sole
discretion.
E• To borrow money from any person or institution,
including any Executor or Trustee and to mortgage or pledge any
or all real or personal property as my executors and trustees in
their sole discretion shall choose.
F. To compromise any claim or controversy.
G. To exercise any option, right or privilege granted
in insurance policies or in other investments.
H• To repair, alter or improve any real or personal
property.
I. To distribute in cash or in kind or partly in each
at valuations fixed by the Trustee.
J• To purchase investments at premiums and to charge
premiums to income or principal or partly to each.
K• To subscribe for or to exercise options for
stocks, bonds or other investments; to join in any plan of lease,
mortgage, merger, consolidation, reorganization, foreclosure, or
voting trust and to deposit securities thereunder; and to
generally exercise all the rights of security holders or
employees of any corporation.
c:~~si~oa~~~.W;~
x~~~r s, i~a 4
L. To register securities in the name of a nominee or
in such manner that title shall pass by delivery.
M• To assume continuance of the status of any
beneficiary with reference to death, marriage, divorce, illness,
incapacity, or other change in the absence of information deemed
reliable, without liability for disbursements made on such
assumption.
N• To add to the principal of any trust created by
this instrument any real or personal property received from any
person by Deed, Will or in any other manner.
~• To exercise all power, authority and discretion
given by this instrument after the termination of any trust
created herein until the same is fully distributed.
P. To employ attorneys, accountants, engineers and
such other persons, professional or otherwise, as may be
necessary for the proper administration of this estate and to pay
their compensation from such funds.
Q• I authorize my personal representatives to pay an
amount which they shall determine as proper and reasonable to
compensate the guardian of the person of any minor beneficiary.
It is my desire that whoever should assume the responsibility of
raising minor children should be properly compensated from my
estate or any Trust created herein.
ITS oII: If my wife and I shall die under such
circumstances that the order of our deaths cannot be established
c:~~si~aa~~~.Wu
xo~~t~r s, i~a 5
it shall be conclusively presumed for all purposes of this Will
that I survived my wife.
ITEM VIII: I direct that my personal representatives,
trustees, and guardians, as well as their successors, shall not
be required to give bond for the faithful performance of their
duties in any jurisdiction.
C:\wp51\od\cl~.wil
November 8, 1994
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF ^~w~ ~~ ~ ~` : ss
We ~Z:~q M wYSc~C.% ~ 1
and Clyde R. Kurtz the testator and'the`,wit a ~ Y S~~,c. A '
are signed to the attached or foregoing instrument,wbein nfirst
duly sworn and qualified according to law, do hereby declare to
the undersigned authority that we were present and saw the
testator sign and execute the instrument as his Will, and that he
executed it as his free and voluntary act for the purposes
therein expressed, and that each of the witnesses in the presence
and hearing of the testator signed the Will as witnesses and that
to the best of their knowledge the testator was at that time
eighteen years of age or older, of sound mine and under no
constraint or undue influence; and I, the said testator, do
hereby acknowledge that I signed and executed the instrument as
my Last Will, that I signed it willin 1
free and voluntary act for the purposesytherein exgressed,as my
P
•~. _
Testator
- Wi ess
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~ " ~~•,~
Witne
...
Sworn and subscribed to before me
this ~`ZZ day of -~ A-~ 199,
Note '~ublic ~
My Co i~sion Expi nn~ 2c ~) 3 ' `c;~ l
Notarial Ssal
John A Reichard, Jr., Notary Pubic
Dauphin Poro, Dauphin County
My Comrrusslon moires March 23,1997
Member, penr~sylvaniaAsscx~atiori of Notaries
c:~~si~~a~~~.Wil
November 8, 1994 .7