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HomeMy WebLinkAbout10-21-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of Mary Goode O'Neill a/k/a: a/k/a: a/k/a: SS NO: 086-16-1032 Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as applicable: ~ A. Probate and Grant of Letters Testamentary or ~ 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 9/14~t 999 and codicil(s) dated (State relevant circumstances, e.g. renunciafion, 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 (If applicable, enter d.b.n., pendent life, duraste absentia, darante minoritate) 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 had been established as provided in 23 Pa. C.S.A. § 3323(8), epc~ept as folloiac's;_ Name Addre~ to ~_ r- T.> - ~ ~J r ~ ~ ~~ 3 ~7Q-ri ~~ USE ADDTI'IONAL SHEETS IF NECESSARY D ~1 ,~" C: ~~ s ~ -~,-, ~,- ~. a -J -- •-~-z ~n ~ --n THIS SECTION MUST BE COMPLETED: Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence At 1100 Crandon WaY Mechaniceburg, PA 17050 (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then 94 years of age, died 9/27/2011 at Mechanicsburg, PA (Month, Day, Year of death) (City and State where death occurred) 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 All personal property Personal property in Pennsylvania Personal property in County Total Estimated Vslue Location of Real Estate in Pennsylvania: (Provide full address if possible.) Deceased ESTATE NO: 21- / ~' ~/ S 367,187.85 S S 367,187.85 Signature(s) Name(s) & Mailing Address(es) (7 ~ Michael J. O'Neill 72 Presidents Drive Mechanicsburg, PA 17050 interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 1 of 2 OATH OF PERSONAL REPRESENTATIVE ~ ~:. }~ Commonwealth of Pennsylvania ~ ~ ~ ~ ' c,~ ` ~ } County of Cumberland SS r, ~ rn ~a ' The Petitioner(s) herein named swear or affirm that the statements in the foregoing Petrtion~'~'i~e au7d correct to the best of the knowledge and belief of Petitioner(s) and that, as personal represe~nt~ive(s) t~~he r :~_ : T, Decedent, Petitioner(s) will well and truly administer the estate according to law. ~• .~- `"~ ~.. Sworn to or affirmed and subscribed ~'st -- ,~ bef m this ~y f - C~ F r the Register DECREE OF PROBATE AND GRANT OF LETTERS Estate of Ma Goode O'Neill Deceased File Number: 21-~-_ AND NOW, this ~ day of 0 /1~~ ~/, in consideration of the Petition on reverse side hereon, satisfactory proof having n presented before me, IT IS DECREED that Letters Testamentary _ of Administration are hereby granted to: '~- n/ ~f aPP~WG enter c.ta., d.b.n„ d.b.n.uta., etc.) / G,hGP ~ ~ ~ /~ ~ I ~~ / / _ _ in the above estate and that instruments(s) dated _ admitted to probate and filed of record as the last of Glenda Farner St Register of Wills FEES: ~~, Ub Letters ....................$ _. Will ........................ d Codicil(s) ................. ~ ( j) Short Certificates ' ( )Renunciations....... Bond ............................ Other ............................. ................. Automation FEE......... 5.00 JCS FEE ................... 3.50 a ,so TOTAL ................$ Signature of Counsel Required to Enter Appearance Atty's Signature PRINTED Name: Supreme Court ID No.: Address: described in the petition be Phone: Fax: Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 2 of 2 C7 Q ~- ..:.~ _ _ ~-~ ,. ~ .._.-m - - m tea ~° cis ~~ `_' OATH OF SUBSCRIBING WITNESS(ES) _~ --; -. ~~~c~`= T - f ~~ .~ A - { ~n REGISTER OF WILLS ~-- , r~ ~ . Cumberland COUNTY, PENNSYLVANIA 2i-11-lll~ Estate of Mary Goode O'Neill ,Deceased ~~ ~ n ~ ~~/1 C ~r -{- (,e) i (~; ~C .~n ~ , l hC. ~ `n t'~ n ~ (each) a subscribing witness to (Print Name/s) the /^ Will ~ Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that she / he /they was /were present and saw the above Testator /Testatrix sign the same and that she / he /they signed the same and that she / he /they signed as a witness at the request of the Testator /Testatrix in her /his presence and in the presen e of each other. (Signan~re) ~(,~ ~ S~ ' C ~'- /~ (Signature) ~ (I Cu~» ~ ~ . f~'1 c . i7 : f Ci~1 (Street Address) ~f • 1~ E~5().~~ ~cC ch ~S (~ ~ y~ (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of , Deputy for Register of Wills 19 ~ ~ ~ ;tom 3s ,tea,-S~~ (Street Address) (City, State, ip) Executed out of Register's Office Sworn to or affirmed and subscribed before me this '~ ~ day of ~ G~Z> ber ~Z,G // . tary P lic y Co remission Expi s: #~dP 0 MYLOQ (Signature and Seal of Notary or other official qu administer oaths. Show date of expiration of Notz~~,a~Qq.> AT ~ pW NOTE: 'to be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of ~T~T~ OF NTE /W,{ ~IE/R1SEY Fnrm RW-03 rev. IOJ3.06 ~'n ~~g ~imar• nF ~na.,~wNU I, MARY G. O'NEILL, residing at P.O. Box 414, Normandy Beach, New Jersey, being of sound mind, memory and understanding, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me, in manner and form following, that is to say: FIRST: I order and direct that all of my just debts and funeral expenses be paid out of my estate as soon after my decease as shall be practicable. SECOND: Any state or federal taxes imposed by reason of my death will be paid from my residuary estate. THIRD: I direct my Executor to distribute such personal items as may be described in a letter to be attached to this, my Last Will and Testament, to the people named therein in accordance with the directions contained therein. In the event that there shall be items of property not accounted for in su~,~h letter, or if no such letter is attached, then I direct that my Executor shall distribute such items of personal property, in kind, equally, among my residuary legatees and my Executor shall have absolute discretion to determine such division. FOURTH: Should my husband, IGNATIUS O'NEILL predecease me or not survive me for a period of thirty (30) days, then I give, devise and bequeath the sum of TEN THOUSAND DOLLARS ($10,000.00) to MAUREEN MALLEN O'NEILL and if she predeceases me or does not survive me for a period of thirty (30) days, then I give, devise and bequeath said share to her issue, per stirpes, share and share alike. FIFTH: Should my husband, IGNATIUS O'NEILL, predecease me or not survive me for a period of thirty (30) days, then I give, devise and bequeath the sum of TWENTY THOUSANr ^OLLARS ($20,000.00} ~~ my gras~~_~~,=w~ldren, MEAGHAN O'NEILL and CAITLIN O'NEILL, subject to trust. I, MARY G. O'NEILL, residing at P.O. Box 414, Normandy Beach, New Jersey, being of sound mind, memory and understanding, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me, in manner and form following, that is to say: FIRST: I order and direct that all of my just debts and funeral expenses be paid out of my estate as soon after my decease as shall be practicable. SECOND: Any state or federal taxes imposed by reason of my death will be paid from my residuary estate. THIRD: I direct my Execrator to distribute such personal items as may be described in a letter to be attached to this, my Last Will and Testament, to the people named therein in accordance with the directions contained therein. In the event that there shall be items of property not accounted for in su~:h letter, or if no such letter is attached, then I direct that my Executor shall distribute such items of personal property, in kind, equally, among my residuary legatees and my Executor shall have absolute discretion to determine such division. FOURTH: Should my husband, IGNATIUS O'NEILL predecease me or not survive me for a period of thirty (30) days, then I give, devise and bequeath the sum of TEN THOUSAND DOLLARS ($10,000.00) to MAUREEN MALLEN O'NEILL and if she predeceases me or does not survive me for a period of thirty (30) days, then I give, devise and bequeath said share to her issue, per stirpes, share and share alike. FIFTH: Should my husband, IGNATIUS O'NEILL, predecease me or not survive me for a period of thirty (30) days, then I give, devise and bequeath the sum of TWENTY THOUSANr ryOLLARS ($20,000.00) ~. my gras~~:~~~?~Id~en, MEAGHAN O'NEILL and CAITLIN O'NEILL, subject to trust. SIXTH: All the rest, residue and remainder of my estate, real, personal and mixed, of whatsoever the same may consist and wheresoever situate, of which I may die, seized, possessed or entitled, I give, devise and bequeath to my husband, IGNATIUS O'NEILL, if he survives me for a period of thirty (30) days, and if he predeceases me or does not survive me for a period of thirty (30) days, then i give, devise and bequeath all the rest, residue and remainder of my estate to my son, MICHAEL J. O'NEILL. SEVENTH: I nominate, constitute and appoint my son, MICHAEL J. O'NEILL, as Trustee to act in accordance with any trust created herein of this my Last Will and Testament, giving unto my said Trustee full power and authority to sell, mortgage or convey any and all real estate whereof I may die seized or possessed. It is my wish and I do hereby order and direct that my said Trustee be not required to give bond or other security as such Trustee in this or any other jurisdiction wherein proceedings may be required to be taken in connection with this my Will. EIGHTH: My Trustee named herein shall act according to the following terms and conditions: A. My Trustee shall divide the appropriate portion of my residuary estate into equal shares and hold each share for the benefit of the child for whom it is set aside. B. As soon as each child has attained the age of twenty-three (23) years, my Trustee shall distribute the principal of such child's share, together with any accrued or undistributed income to such child, free of trust. C. During the management of any separate trust share, my Trustee is authorized to pay or apply any sums from the principal, to or for the benefit of the child for whom it is held if my Trustee decides that principal is needed, in addition to income to provide for such child's support, maintenance or education. D. If any child dies before receiving the balance of his share, my Trustee will distribute the balance among such deceased child's descendants, or if none is living, among my descendants in equal shares. E. If this Article of my Will has the effect of requiring the continuation of any trusl share for a longer period of time than that which the law permits, such share will terminate the end of the longest legally permissible term at which time my Trustee will distribute the balance of such share to the beneficiary of the share, then I give, devise and bequeath said rest, residue and remainder of my estate to my children, in trust, if living at the time of my decease and if not living, to their issue, in equal shares, share and share alike. NINTH: I nominate, constitute and appoint my husband, IGNATIUS O'NEILL, Executor of this my Last Will and Testament, and if my husband, IGNATIUS O'NEILL predeceases me, or does not survive me for a period of thirty (30) days, resigns, is disqualified or unable or unwilling to act as such, either before or after having qualified as Executor, then I nominate, constitute and appoint my son, MICHAEL J. O'NEILL, to be alternate Executor under this, my Last Will and Testament giving unto my said Executor(s) full power and authority to sell, mortgage or convey any and all real estate whereof I may die seized or possessed. It is my wish and I do hereby order and direct that my said Executor(s) be not required to give bonds or other security as such Executor(s) in this or any other jurisdiction wherein proceedings may be required to be taken in connection with this my Will. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 9th day of November, 1999. MARY G. 'NEILL, L.S. Signed, Sealed, Published and Declared by the said Testatrix MARY G. O'NEILL, as and for her Last Will and Testament, in the presence of us, who were all present at the same time, and who, at her request and in her presence and in the presence of each other, all present together, have hereunto subscribed our names as witnesses: WITNESS WITNESS 199 Pershing Blvd. Lavallette, New Jersey 08735 Grand Central Avenue Lavallette, New Jersey 08735 3 SELF-PROVING AFFIDAVIT STATE OF NEW JERSEY: COUNTY OF OCEAN MARY G. O'NEILL, Dawn L. Spencer and William H. McKinnon the Testatrix and the witnesses, respectively, whose names are signed to the attached 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 signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed and that each witness states that he/she signed the Will as witnesses in the presence and hearing of the Testatrix, and that to the best of his/her knowledge, the Testatrix was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. ~- MARY G. 'NEILL ~~:~ Witn ss Witn s Subscribed, sworn to and acknowledged before me by, MARY G. O'NEILL, and subscribed and sworn to before me by Testatrix, Dawn L. Spencer and will; am H _ M .Ki nnon ,witnesses, November 9, 1999. "~ 'x _,... ~., . _ ' e~~ ~' Q