HomeMy WebLinkAbout10-31-11PETtT[ON FOR PROBATE AND GRANT OF LETTE
RS
REGISTER OF WILLS OF CUMBERLAND
Estate of Carl P. Stewart COUNTY, PENNSYLVAN[A
also known as Fife PEumber 24_44 _ ' ~ ~~, l~
Petitioner(s), who is/are 18 years of age or older, apply(ies) for
(COMPLETE ;4' or 8' BELOW.•)
0 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s)
last WII of the Decedent, dated 10/26!1988 and codicil(s) dated
is/are the Executrix
named in the
After the execution of the documents offered for probate a Decedent did not ma anon deam otexerutor etc
wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. 3323
a killing; and was never adjudirxted an incapacitated person, except as follows ~' was not divvorced; was not a party to a pending divorce proceeding
§ (g); did not have a child bom or adopted; was not the victim of
Decedent was married to the undersigned Executrix at the time of his death.
B. Grant of Lntte.c ..E
du aPP~ao~e, errter. c.t.a.; d.b.n.c[a; Pederrte tde; durante absentia; durance minorttafe)
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 db.n.c. t.a., enter date of mil/ on Section A above and complete list of heirs); was not the victim of a killing; was never
provided in 23 Pa. C.SA_ § 3323 (g), except as follows:
adjudicated an incappacitated person; and was not a party to a pending divorce proceeding wherein grounds for divorce had been established as(
Name
Residence
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. 'Y r-- ~--'
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal resldetrce~ ~` __
492 Carlisle Road Mewvi[le West Pennsboro Townshi Cumberla - Coun PA 1724 ~ ~~
(list street address town/ciry, township, aunty, state, zip code) 4 ~--~
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Decedent, then :~ - c.•~: ~~
76 years of age, died on 10/15/2041 at Carlisle Re iortal Medical Center, Carlisle, PA 17013 r'
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property
(If not domiciled in PA) Personal property in Pennsylvania ~ 250 000.00
(If not domiciled in PA) Personal ro e
Value of real estate in Pennsylvania p p ~ In County ~
situated as follows: Total 250,000.00
e ~
~~~~_, rCawner(s) respectfully request(s) the probate of the fast Will and Codicil s
()Presented with this Petition and the grant of Letters in the appropriate form to
Signature
Typed or printed name and residence
i~: (• Doris J. Stewart 192 Carlisle Road
IVewvi[le, ~A 17241
Form
_~ . ~ ~„aanm roan, ~en~'ng anion by the Court) CoPYh9.`rt lc) 26oS form software only 7Yre Laclmer 6roeep, Inc.
Deceased Social Security Number 18Q_28_2901
Pag=_ 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland } SS
}
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the be
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. st of
Signature
QOtIS .). Stewart
Signature of Personal Representative ~ - _~:~
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Signatu2 of Persona/Representative ~ f'rl ! .:-7
File Number.
21-11 -
Estate of Carl P. Stewart
-~
=:~7 -
E':T
Deceased
Social Security Number. 1$0_28_2901
~I ~.~ ~~ ~~ Date of Death: 10/15/2011
AND NOW, ~ ~~
having been presented before me, IT IS DECREED that Letters Tpcf _ In consideration of the foregoing Petition, satisfactory proof
are hereby granted to
and that the instreiment(s) dated
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters ................. S ~ ~ l . ("-i~^
Short Certificate(s) ....................... S , ~`"~~~.
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Renunciation(s) ............................ ,~
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TOTAL.e ................................. S [~
Form RW-02 Re~.ro-~s-zoos
Attorney Signature:
Attorney Name:
Supreme Court I.D. No.
Address:
Telephone:
Ricftard L .Webber Jr. Es uire
49634
Weigle ~ Associates, P.C,
126 East Kin Street
SF~ippensburg, PA 17257
71732-7388
CoPYrl4~t (cj 200o form software on9y TFse LaJmer Groeip, Inc.
in the above estate
Pale 2 of 2
Sworn to or affirmed and subscribed
before me this ' ~~ ~ ~_.. _~
LOCAL REGISTRAR'S CERTIFICATION OF DEAT
WARNING: It is illegal to duplicate this copy p I'I
y photostat or photograph.
Fee for this certificate, $6.00
-- P 1772629
Certification Number
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correcil~ copieL~ trla!n an c,:i~rin~:i t-~c(til~rate (,1 J~<
duly filed uiiI !ne :.~ 1_uL.~a! }~.~(aj
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H10S143 REV 71f2005
PERMANENT
TYPE /PRINT IN COMMONWEALTH OF PENNSYLVANIA .DEPARTMENT OF HEALTH .VITAL RECORDS
&ACK INN
(See instru~cTttonsCand a OmpDE on Hverse)
t. Name m Decedent IFirst mMdk, last sueix)
Carl P, St~7a~ STATE FILE NUMBER
2. Sex 3. SoNN Securay Number
5. Age (Leal BiMdaY1 lhitler 1 r Male 1 80 4. Date d Deem (MOnm, tlay, Year)
ume++ 6. Data of &M Monm, de , r - 28 - 29O 1 10/15/2011
Mpnms Days Haim MkwMa 7. B' lace C' aM state w to ' n spun
76 ea. Playa or Dpm cMpk on are
vrs. 9/ 18/ 1935 Hospital:
~ DIY of Daam rson Valley, PA a^er
tk. Ciy, Bao, Twp, of Deam Btl. Faa7iry Name (II Trot inemulpn, Siva etrpet and number) ®inpeaent ^ ER / Ou
gmdent ^ DOA ^ Nursing Honre ^ Resider¢e ^ Omer - Spadly:
I Ctnnberland ,S . jvi ~ e. Was Decedent o/ Hispanic Ongm7 ®Np ^ vas lo. Repo: Amedcen Indian, Black, wnite, em.
iddleton Carlisle Tonal ("''~• ~`"'' °i~''
71. DepetlOnl'9 UwN lion KiM of work dprre du mpN of work I"e. Do not state retl 12. Was Depdanl ever In the 13. Ib«;edenYS Edxatlw,~l Mexican, (Speci/y)
Center Pueno Rican, etc.)
qrq at W«k KIrM of Business/ IMUSIry U.B. AmeO Forces? (pecily only highest grede w Wh1te
Tech Service Elementary / Secorxla ~B~ 14. Marcel SlaNS: Martkd, Never Merited, 15. BuMVing Spouea (II wile, give meitlen name)
Carli le Tire & Wheel ^ y~ ~ ry (o-,z) cpllege (,.4 w s.) wapwed, oiwrpd /spac/y/
16. Decedents Maifing Adtlress (Street d+Y /town, slate, zip soda) 12
192 Carlisle Road Dece°an''' Married i J R
- Newville, PA '~'18I Rasitlance na. slate PA Did Decedent
17241 uveina tTp,~.~ DecedeMLivetlin West P
nb. cpanry Glmlberland Township? ennsboro
18. Father's Name (First middle, last sumxl 77tl. ^ No, Decedent Lived within TwP.
William P • Stewart 19. Momels Name (First, miadfe, maiden wmame) AcNal Limtts o/
Ciry/BOro
20a. InlormanYS Nama (7ype/PnnQ Zelda - Stake
Doris J . Stewart zab. mromreM•a Maamg edemas (street Airy / row,,, arero, ~ ~)
z,a. Memcd pl Oiapoaition 192 Carlisle
w ~ Burial ^ RemovN Irwn smte ^ cremeeon ^ Donatlpn 21 b. Date al Disposidpn (Monet ) Road Newville PA 1 2
wee crematl«r Donaearr A dev, year ztc. Play a oisaoNrron (Nana of cemetery, aemarory a om« pep)
^ ant,- ~gMaawex„M,,,,/corprw""°"x°d^vaa^Np 10 19 2011 zld.L«at~pn(ay/mwn,:lace,x;p~e)
a ~ s F ucensee(" rland Valle
- - - ' nb ~°~~r z2p.NamearMAddmsaprFaaldy Manorial Garden Carlisle, PA
demo 23a<m 1Y„°„~ FD 012633 L Ekain Brothers Funeral H
N ~g 23e.rpmebeslamy ,deemoccurredNlhetlme,deteand ome, Inc. Carlisle, PA
MrNNan a not avaaaae at nme a deem to pace slated. (signaw and Nle) 17013
cemly cause of deem. ~ M 23h. Lkense Number
- It«ns 24% muN be can led 24, Tirtre al Deem [, /~ ~ ~ Q~ ,(~ /~ (./~` / 1 23c DalenSgnetl (Monet, tlay, year)
~ who pronpurrcee deem ~ ~' persm ! Z Zl x'1 M. 25. Date Prorwlncetl Deatl (Monet. deY, Year) I ~ V ~v ~ / I O ~ ~'•I J V f ~ ~O I I
t0 M I O s~ ~O I %. Was Case Refelrtged to Medical Examiner / Coroner for a Reason Olmer tMn Cramapon w Donation?
item 27. Pad I: Enter me CAUSE OF DEATH (See Instruetlona arW examples) 1J ^ Y°s 'AyI 1~
gDam91gY9et4- rAsaases, iryurias, or mmplirad«m . Net drectly ceusetl me deem. Dp NOT enter knnroai events sucA as pM'ac arrest, ~ Approximaro interval: Pen II: Enter Omer lion fipnl d~^^- ---•,
respiraatory aneN, or ventricuWr Abndatlm witlwin shoeing tM etloggy. lust ceN one cause an eeW line. Onset ro Deam ~ 28. Did Tobe"o Use CanriMde tp Deam7
lcaitlilan resulting$EdesP1Bthj dopse « C but not resulting in me underryirg cause given in Pen 1.
m G N Gi ST r I J1 L-• ^vaa ^ ProMMy
-~- a. E ~ ~G TI lA(1 T r ~~ ~- ~'-~_ ~ pay S ^ No ^ Unkmwn
~: Due to (« as
"line e. b' ' %.Il Femel9:
Eller t1NDERLwNG CAUSE Duero (or ce e cpnsequerrs R ' L ~' r v i /~ r S ^ NM Pregnant wdhM past year
,~ r tl,al inma~d me p ~ MU LT ^ P
g deem LAST. - l p LE h'(y E LO M A- ~ `/ E A' t al tlma a deem
Due b (a as a cormequerxre o~ - ^ N" Pmgnent but pregnant within 42 days
' or deem
f d. ~
J 3oe. was an A ~ ^ Npt Ixegnant bet pregnant a3 days tp l year
Perlw~ 30b. Were Autppsy Farcfmps 31 Men beam ~ Mtwe deem
Aveilabk Pry l0 Oarrrplalion ^ ~~ 37a. Date of Injury (Monet, day year) 3ffi. DBSCriM ligv Injury Ocpunetl ^ Unkrroxn it pregnant wINN me ypr
of Cause at Dpih7 NaNrN pass
32c PMce al Injury. Home, Fame Street, Factory,
YB9 No ^ Yes ^ Np ^ A«itlent ^ Panting Inveslgetlon 32d. Tune of Injury 32e, I Olika BWltlirg, etc. (SperiyyJ
rpury et Work? 321. If TransppnaMrr Injury (Speci/y/
^ Suintle ^ CouH Npf M Determined ^ Deter/ 329, Locetpn of injury (Street, city /town, state)
d 33e. Certifier (cMCk onh me) M. ^ Yes ^ No Operator ^ Passenger ^ Pedestdan
Omer ~ Spec/y~
G~ Ib°8t nM'IBf1k^owyd8a, deem oceuned dw to tM un ~~r ""~~n has prpnaurced daeM ant cpmpleled Item 23) 33b~ SigrraNre and TNe of Certifier A -~/~<~Y1
F Pronouncing and cartiyln®pnyalelan (PlMsicien b"h 1°°(e) ant manner a eblad_ - - _~jl •~`•~ ~ ~ILI.~i ~ 1 - 1 V
w Toth bestMmy knowktlge,dwtlr oceurtatl Hthe ll ~ agry~m ~CBto ease of deem) __________________________ ^
° Matlipal ExemhnrlCorwrer Plea, ant due to tM pose(s) and manner as slated- _ _ _ _ _ _ ~ Lkense Number
On fM Msb d exammallon antl / or InvesB Ion, In M J~ (•11 r I O 'I ~ 33d. Date 8ignad (Monet, day, year)
~ ~ myoplnion,demnopcarratlNnr.nms,daM,and ---------- -~J "1 j) I I~ 16 yo i I
'~ Plec4 arM due to me cause(s) and manmr u staled- ^ 3q. Nam entl Address d Person Who
35. Regislmr'e a ant DuJ\Dc\f I 1 y~G ~•COrrpleled Cause of Death (Item 2>) Type / Pnnt
~ , i't • ~9.1.LY r~,ri L~ ~ ~ ~ Ol I ~ ~ Q ~ Filed; onm, daY, Yaer) ~Kr ILD I ~~f ~U
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Disposmon Parma No. ~ r, (~ ~~ n -, n
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LAST WILL AND TESTAMENT ~' { -~ '-'
`."' ~_ ,
I, CARL P. STEWART, of West Pennsboro Township, Cumberland
County, Pennsylvania, being of sound and disposing mind and
memory, do hereby make, publish and declare this to be my Last
Will and Testament, hereby revoking any and all former Wills or
Codicils by me made.
1.
I direct that all my just debts, funeral expenses,
testamentary expenses and all inheritance taxes shall be paid
from my residuary estate as soon as practicable after my decease
and as part of the administration of my estate.
I 2.
If my wife, DORIS J. STEWART, shall survive me by thirty
(30) days, then I give, devise and bequeath all of my estate,
both real and personal property, unto my said wife, absolutely.
3.
In the event my said wife, DORIS J. STEWART shall
predecease or fail to survive me by more than thirty (30) days,
o.~, then I give, devise and be ueath all of m
~;: q y estate to my
~: daughter, ROXANNE E. JOHNSON.
,` ~ 4 .
~~ ~' In the e
--.~~ ~ vent my said wife, DORIS J.
~~ ~~3 STEWART, and my
'~~`~ ~ daughter, ROXANNE E. JOHNSON, shall predecease or fail to
., `
,~,~a
survive me by more than thirty (30) days, then I give, devise
~:,^~ and bequeath all of my estate, both real and personal propert
Y~
,~~~U unto my Trustee, in trust, for the following pur oses:
ii P
1
LAW OFFICRS - MARTSON. pF,ARDONFF, WILLIAMS 8r OTTO
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(a) I direct that my Trustee shall hold, invest and
reinvest the same, collect the income arising therefrom, and
after paying all expenses incident to the management of the
trust, to use and apply as much of the income and principal as
may be necessary in the sole discretion of my Trustee, in equal
shares, for the support, well-being and education of my
grandchildren, DERRICK M. JOHNSON and BLAKE T. JOHNSON.
(b) I direct that the income arising from said trust shall
be payable in equal shares directly to said grandchildren as
they attain the age of eighteen (18) years.
(c) I direct that each of my said grandchildren shall have
the right of withdrawal of his or her equal share of the
principal of said trust in the following manner: one third
(1/3) thereof as each attains the age of twenty-one (21) years
and the remainder of said share as each attains the age of
twenty-five (25) years.
(d) Prior to the distribution of the principal of any
share, my said Trustee shall have the sole discretion to invade
the principal of said share for the support, maintenance and
education of such children or issue of such deceased children,
regardless of age.
(e) To the extent that the same is permitted by law, none
of the beneficiaries hereunder shall have any power to dispose
of or to charge by way of anticipation any interest given to
such beneficiary; and all sums payable to such beneficiaries
hereunder shall be free and clear of the debts, contracts,
alienations and anticipations of the beneficiaries, and all
2
LAW OFFICES-M9RT5ON, DF,ARDORFF, WILLIAMS & OTTO
liabilities for levies and attachments and proceedings of
whatsoever kind, at law or in equity.
5.
I nominate, constitute and appoint my wife, DORIS J,
STEWART as Executrix of my estate. In the event DORIS J.
STEWART shall be unable or unwilling to serve in such capacit
then I a Y~
ppoint my daughter ROXANNE E. STEWART, to act in such
capacity. In the event both DORIS J.
STEWART and RO%ANNE E.
STEWART shall be unable or unwilling to serve in such capacity,
then I appoint MICHAEL E. JOHNSON as both Executor and Trustee.
6.
I direct that neither my Executrix nor Executor nor my
Trustee shall be required to file a bond to secure the faithful
performance of their duties in any jurisdiction.
7.
I authorize and empower my personal representative and
Trustee, in their sole and absolute discretion, to purchase or
otherwise acquire and retain any investments of which I die
seized or any real or personal property of any nature; to sell
lease, pledge, mortgage, transfer, exchange, dispose of or grant
v
a, options in regard to any or all property of any kind formin
-~' g a
,~, part of my estate for such terms and such prices as the
~~ deem advisable to borrow mone for an Y may
' Y y purposes connected with
~' the protection and preservation of
`'~~ a my estate; to mortgage or
„~ ~ pledge any real or personal property forming a part of my estate
~~~ ~' or to
`~ ~ join in or secure the partition of same; to compromise an
claims or demands of my estate against others or of others
3
LAW OFFICES - MARTSOti, DEARDORFF, WILLIAMS ~ OTTO
against my estate; to make distribution in kind and to cause any
share to be composed of cash, property or undivided fractional
shares in property different in kind from any other share; and
to execute and deliver such instruments as may be necessary to
carry out any of these powers.
I direct that my personal representatives shall have
specific powers to comingle other assets which they may receive
for the beneficiaries of the Trust, including, but not limited
to, life insurance proceeds and savings accounts.
IN WITNESS WHEREOF I have hereunto set my hand and seal
this ~~ ~~` day of (~~~~~tas~~----
1988.
(SEAL)
Carl P. Stewart
SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named
testator, as and for his Last Will and Testament, in the
presence of us, who at his request, have hereunto subscribed our
names as witnesses thereto, in the presence of the said testator
and of each other.
.,.~,.
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4
LAW OFFICES - MARTSON. DEAHDORFF, WILLIAMS R OTTO
COMMONWF.AT•TH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND ~ SS.
I, Carl P. Stewart, testator, whose name is signed to the
attached or foregoing instrument, having been duly qualified
according to law, do hereby acknowledge that I signed and
executed the instrument as my Last Will; that I signed it
willingly; and that I signed it as my free and voluntary act for
the purposes therein expressed.
(J/~ ~. ~~ ,... ,
Carl F. Stewart
Sworn or affirmed to and acknowledged before me by CARL p•
STEWART, the testator, this 26~-~
,. day of ~C~r~>er , 1988.
Ptataria! Sep ~ ~._
Jacqueline A. Docker, Notary Public f ~~' ~~~~
Carlisle 8oro, Cumberland county O ry Pub11C
My Commission Expires Jan. 13, 1992
COMMO OF PENNSYLVANIA )
COUNTY OF CUMBERLAND SS.
We, S~-r~y;~rr ~ . $1 cc ~~ Govt G~c• ~<, ~. ~c;)ler-
the witnesses whose names are signed to the attached or
foregoing instrument, being duly qualified according to law, do
depose and say that we were present and saw Carl P. Stewart, the
testator, sign and execute the instrument as his Last Will; that
the testator signed willingly and that the testator executed it
as his free and voluntary act for the
expressed; that each of us, in the hearing andos ght ofrthe
testator, signed the Will as witnesses; and that to the best of
our knowledge the testator was at that time 18 or more years of
age, of sound mind and under no constraint or undue influence.
__
ores s~`~G_~~ -~-- ~ ~ "`
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(' L y ",t~, / ~, 1~, , ~~ ,
Sworn or affirmed to and subscribed before me this, Erg da
of OL'~r~~~~--- , 1988. y
~ _, ~_
p},' a:~ Seal ~ ,_ -~
Ject}ueiine A. Drsche-, Notary Public pt ~~~ ° _ `" '~~
CevlislFS 8oro, Cumberland County ~ Pu}J11C
My G~rnmisairxi Expires Jan. 13, 1992
5
LAW OFFICES - MARTSON, DF,ARDORFF, WILLIAMS K OTT(l