HomeMy WebLinkAbout05-24-11IN TIEiE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WILLS
PETITLIO11N FOR PROBATE AND GRANT OF LETTERS ~r
Estate of lj a~Lht? )O r ,Deceased ESTATE NO: 21- ~ 1 ' ~ ~~
a/k/a:
a/k/a:
a/k/a: SS NO: 14~ ~~ - Wa -'-13 O q
Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or'B' AND !'C" as
~pplit:able:
A. Probate and Grant of Letters Testamentary or ^Administration cht.a., or rd.b.n.c.t a. (complete Part Ca/so)
and aver that Petitioner(s) is/are entitled to the aforem ntio ed Letters a~ ~eSTar,~n~l~f H under
the last Will of the above-named Decedent, dated fo O ! O and codicil(s) date ea
f R
(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 tiotti f theme ~
instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated d w of a~-7~
party to a pending divorce procteding at the time of death wherein grounds for divom had been as~in
23 Pa. C.S.A. § 33Z3(g):
^ B. Grant of Letters of Administration t,..
(If applicable, enter d.b.o., pendent life, dunnte abaeatia, donate miaoritate)
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 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 party to a pending divorce
proceeding wherein grounds for divorce bad been established as provided in 23 Pa. C.S.A. § 3323(8), except as follows:-
Decedent was
At ~ 142
~ ttrnberland ~county^ PennsXlvania, with his/her last family, or principal residence
(Street address with Post Office and Zip
Decedent, then (o ~-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
k, M cipalrty: Township, Borough, L'ity) -
aa ao~ at ~.~~~1~~,1P_ P
Day, Year of death) (City and State where death occurred)
All personal Property $ `_~OO t O (~ p • 00
Personal property in Pennsylvania $
Personal property in County $
$
Total Estimated Value $
Location of Real Estate in Pennsylvania: (Provide full address ifpossible.) -(ol_~ ~ . ~,~/~~ ~. t ~nf l; ~ I[' I'i~ ~'Tp) ~
Signature(s)
N9 melelR Mea:.... AAd..---~--~
_..__,_~ - _______.e.-.... w-,tea,
Interim Form RW-02 revised 12.26.10 by Cumherlxevi r•~~.nn, .....a~..., -,..:,.., ~.. .~_ .-_..~
rage I ot2
THI5 SECTION MUST BE COMPLETED:
OATH OF PERSONAL REPRESENTATIVE
Commonwealth of Pennsylvania SS
County of Cumberland
The Petitioner(s) herein named swear or affirm that the statements in the foregoing Petition aze 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 administe/r~the estate according to law.
Sworn to or affirmed and subscribed /` :~~ ~ / if.
befor~ mn this ~ / ~~ dad of ~~
DECREE OF PROBATE AND GRANT OF LETTER
rr__r ~
~C,~~C'.`tQ ~
/ ~ ,Deceased File Number: 21- ~ 1 ~ -~~
AND NOW; this day of _
the reverse side hereon, satisfactory pros
/`Testamentary _ of Administration
the above~tate and that instruments(s) dated
admitted t probate and filed of record as the last
FEES:
Letters ....................$ _~
Will ........................
Codicil(s) ................. -~'
(1~Short Certificates
( )Renunciations.......
Bond .............................
Other .............................
.................................
Automation FEE......... 5.00
JCS FEE ................... I2~3.50
TOTAL ................$ UI, S~
niU // , in consideration of the Petition on
presented before me, IT IS DECREED that Letters
aze hereby granted to:
Interim Form RW-02 revised 12.2G. ] 0 by Cumberland County pending action by the Court
enter c.t.a., d.b.n, d.b.n.c.t.a., elc.)
and
of
described in the petition be
in
~rtenua ramer s>rasnau n, , n`%~ ~~~~/ /, / ~~~~~r~l
Register of Wills v/,V/X'~' ~%`//'~ I_/~J' _~°"(//
Signature of Counsel Required to Enter Appearance
Atty's Signature
PRINTED Name:
Supreme Court ID No.:
Address:
Phone:
Fax:
Page 2 of 2
OCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 17451144
Certification Number
xlaclu AEV 1 VlgN COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTN • VRAL RECORDS
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STATE FlLE HUTABEH
1. Nrn a OrrMM1 ~4 May, Irr wra
Mary S. Batchelor za. asoarae.nzw~ma ~. orraC.ri Pbmt aA rnA
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This is to certify that the information here given is
correctly copied from an original Certificate of Dehth
duly filed with me as Local Registraz. The original
certificate will be forwazded to the State Vital
Records Office for permanent filing.
Local Registrar Date Issued.
ltao.rrcn aw.nn ww o Co t (n t? y+~
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LAST WILL AND TESTAMENT
OF
MARY S. BATCHELOR
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I, MARY S. BATCHELOR, of Cazlisle Borough, Cumberland County, Pennsylvania,
declare this to be my Last Will and Testament and revoke any and all wills and codicils
heretofore made by me.
ITEM I: My personal representative shall pay from the residue of my estate
the expenses of my last illness, funeral and burial debts duly allowed against my estate, and all
death taxes (Pennsylvania inheritance tax and federal estate tax) occasioned by my death and
incurred with respect to all property taxed to my estate regazdless of whether such property
passes by this Will or passes outside of this Will.
ITEM II: I bequeath my automobiles, personal effects, household goods, and
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other tangible personal property of like nature (not including cash or securities), together with
any existing insurance thereon, as set forth in a separate memorandum which I shall place with
my Will to the persons therein designated. If I shall leave no separate memorandum, or with
regard to my automobiles, personal effects, household goods, and other tangible personal
property of like nature (not including cash or securities) not referenced by such memorandum, I
bequeath such tangible personal property and insurance thereon to my children, GUY F.
BATCHELOR IV, GEORGE F. BATCHELOR, and ANDREW L. BATCHELOR, to be
divided among them by my Executor with due regazd for their personal preferences in shazes that
need not be of equal value. I authorize my Executor to sell items that are not desired by the
distributees named herein with the proceeds to be added to the residue of my estate. I also
authorize my Executor to donate or discazd items that aze not desired and that do not have
sufficient market value to warrant a sale. My Executor's discretion in the disposition of this
personal property is absolute.
ITEM III: I devise and bequeath the residue of my estate, of every nature and
wherever situate, in equal shares, to my children, GUY F. BATCHELOR IV, GEORGE F.
BATCHELOR, and ANDREW L. BATCHELOR, with ANDREW'S shaze to be held in
Trust as provided in ITEM N.
ITEM IV: Should ANDREW L. BATCHELOR not have obtained the age of
twenty-eight (28) years at the time of my death, I direct that his share shall be transferred to my
sister, ANNE M. PETERS, of Midway, Kentucky, TRUSTEE, IN SEPARATE TRUST, to
hold, manage, invest, and reinvest the shaze so received, and the accumulation of income thereon,
and to use and apply the income and principal, or so much thereof as, in the Trustee's discretion,
ma be necess
y ary or appropriate for ANDREW'S support and education (including college
education, both graduate and undergraduate).
Any income not so used or applied shall be accumulated and added to and thereafter
treated as part of principal. When ANDREW attains the age of twenty-four (24) years, or at such
time as he receives a Bachelor's degree [whichever comes first], one-third (1/3) of the value of
this trust shall be paid to him. When ANDREW attains the age of twenty-six (26) years, one-half
(1/2) of the then existing value of this trust shall be paid to him. When ANDREW attains the age
of twenty-eight (28) years this Trust shall terminate and the principal and any accumulated
income shall be distributed to him or her absolutely. If ANDREW dies before attaining age
twenty-eight (28) years, the trust shall terminate and such share shall be distributed to his or her
issue, and in default of such issue, to my other issue as identified herein.
ITEM V: No interest of any beneficiary under this Will, any codicil hereto,
or any Trust created herein, shall be subject to anticipation or voluntary or involuntary alienation.
ITEM VI: My Executor and Trustee, and their successors, 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, whether income or principal, including property held for minors,
exercisable without court approval, and effective until actual distribution of all property:
A. To borrow money from any person or institution, including my Executor or
Trustee, and to mortgage or pledge any or all real or personal property as my Executor or
Trustee in its sole discretion shall choose.
B. To compromise any claim or controversy.
C. To retain any or all of the assets of my estate, real or personal, without regard
to any principal of diversification or risk.
4
D. 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.
ITEM VII: I appoint my Son, GiTY F. BATCHELOR IV, of Cazlisle, PA
Executor of this my Last Will and Testament. Should GUY fail to qualify or cease to act as
Executor, I appoint GEORGE F. BATCHELOR of Cazlisle, PA, as First Alternate Executor of
my estate. Should GEORGE fail to qualify or cease to act as Executor, I appoint ANDREW L.
BATCHELOR, of Cazlisle, PA, as Second Alternate Executor of my estate.
ITEM VIII: I appoint ANNE M. PETERS, of Midway, Kentucky, as Trustee
the Trust created by this Will.
ITEM IX: I direct that neither my Executor nor my Trustee shall be required
to post a surety bond as a precondition to becoming appointed as Executor or Trustee. I hereby
excuse any the requirement of any bond that may be imposed by law for my Trustee or my
Executor.
IN WITNESS WHEREOF, I, MARY S. BATCHELOR, have hereunto set my hand
and seal to this my Last Will and Testament, consisting of six (6) printed pages, each of which
beazs my signature, this -<s~ day of January, 2010.
MARY S. TCHELOR, Testatrix
Signed, sealed, published and declazed by the above-named Testatrix, MARY S.
BATCHELOR, as and for her Last Will and Testament, in the presence of us, who, at her request, in
her sight and presence, and in the sight and presence of each other, have hereunto subscribed our
names as witnesses.
G ~
COMMONWEALTH OF PENNSYLVANIA )
. SS.
COUNTY OF CUMBERLAND )
WE, MARY 5. BATCHELOR, TAYLOR P. ANDREWS, and RONALD E. JOHNSON
the Testatrix and witnesses, respectively, whose names aze signed to the foregoing or attached
instnunent, being first duly sworn, do hereby declaze to the undersigned authority that the Testatrix
signed and executed the instrument as and for her Last Will and Testament and that she signed
willingly and that she executed as her free and voluntazy act for the purposes therein expressed, and
that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witnesses
and that to the best of their knowledge the Testatrix was at the time eighteen (18) or more years of
age, of sound mind and under no constraint or undue influence.
MARY~I. BATCHE~OR, Testatrix
P. Andrews, Witness
v C
,Witness
Subscribed, sworn to and acknowledged before me by MARY S. BATCHELOR, the
Testatrix, and subscribed to and sworn or affirmed to before me by TAYLOR P. ANDREWS and
RONALD E. JOHNSON witnesses, this o?~ day of T~anuary, 2010.
AAON TH OF P ,.NNSYLVANIA "
1~0 ~~ gFq~ Notary
SHELLY SEXTON, Notary PubNc
Carlisle Bono, Curritferland County
My Commission 'I 26, 2011
IN RE:
ESTATE OF Mary S. Batchelor
DECEASED
To the Register of Wills:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
N0.21-11-0612
PRAECIPE
Please enter my appearance as counsel for the above captioned estate.
Respectfully submitted,
ANDREWS &
Tay .Andrews, Esquire
7 est Pomfret Street
Carlisle, PA 17013
(717) 243-0123
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