HomeMy WebLinkAbout11-28-11Re
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PETITION FOR GRANT OF LETTERS ~? ~ n ~ , ~;
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REGISTER OF WILLS OF CUMBERLAND COUNTY, PE~IivIS`s~ ~ ~,
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Petitioner(s) named below, who israre lg years of age or older, apply(ies) for Letters as s~4e:~~ bele~"v, and_
support thereof aver(s) the following and respectfully request(s) the grant of Letters in the approp ~at~form: ';: ~`;7 ~
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Decedent's Information
Name: MARGARET M. SMITH
alk/a:
a/k/a:
a/k/a:
Date of Death: November 8 2011
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(.aissigned by Register)
Social Security No: 15 9 -18 - 9 3 7 3
Age at death: _ 95
Decedent was domiciled at death in Cumberland County, Pennsylvania (Stare) with his/her last
principal residence at 5225 Wilson Lane, Apt 4111, .Mechanicsburg PA 17055
Street address, Post Office and Zip Code ~. Crty, Township or Borough County
Decedent died at 503 N 21st Street, Camp Hill -_ _ Cumberland. PA
Street address, Post Office and Zip Code City, Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvanfa ............................ All personal property
If not domiciled in Pennsylvania ........................ Personal property in Pennsylvania
If not domiciled in Pennsylvania ........................Personal property in County
Value of real estate in Pennsylvania ........................................................ .
TOTAL ESTIMATED VALUE... .
Real estate in Pennsylvania situated at:
(Attach additional sheets, if necessary.)
$ 150,000.00
$~50 , 000.00
Street address, Post Office and Zip Code City, Township or Borough ~ounry
® A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s) aver(s) he/she/they is/are the Executor(s) named m the last Will of the Decedent, dated M:3y
thereto dated
State relevant circumstances (eg. renunciation, death ojexeeutor, et<~)
Except as follows: after the execution of the instrument(s) offered for probate Decedent did not marry, way not divorced, was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. §:3323(8), and did not have a child born or
adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
NO EXCEPTIONS ~ EXCEPTIONS
^ B. Petition for Grant of Letters of Administration (If applicable)
e.t.a., d.b.n., d.b.n.e.t.a., pendente life, durante absentia, durante minoritate
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.
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined
in 23 Pa. C.S. § 3323(8) and was neither the victim of a killing nor ever adjudicated an incapacitated person.
® NO EXCEPTIONS ~ EXCEPTIONS
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 (attach
additional sheets, if necessary):
Name Relationshi Address
2 5 , 2 010 and Codicil(s)
Form RW-02 rev. 10/11/?011 Page 1 of 2
HIOS.R05 REV 101/(17) ~'' ( I - ~~ ~`'~
/LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 17926926
Certification Number
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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
LZecords Office for permanent filin
~ I~OV282011
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Local Registrar Date Issued
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS ;~ ~ ri
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LAST WILL AND TESTAMENT ~~~?-~c-> ~~?
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MARGARET M. SMITH `_~~_ -:_
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KNOW ALL MEN BY THESE PRESENTS, that I, Margaret M. Smit~i of ~~ -
Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, being of
sound and disposing mind, memory and understanding, to make, publish and declare
this to be my Last Will and Testament, hereby revoking any and all Wills, Codicils and
Testamentary dispositions by me at any time heretofore made.
FIRST: I direct the payment of the expenses of my last illness and funeral as
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soon as may be convenient after my death.
SECOND: All estate, inheritance, and other death taxes, together with interest
and penalties payable with respect to the same shall be paid out of my residuary estate.
THIRD: I make the following specific bequests:
A. I bequeath my grandfather clock to ROSALIE SMITH, of Etters,
Pennsylvania, who was married to the late Michael ;smith who was my
beloved late husband, John M. Smith's nephew and the son of Charles
and Virginia Smith, provided she survives me by thirty (30) days.
B. I bequeath my wall mirror to ROSALIE SMITH, of Etters, Pennsylvania,
who was married to the late Michael Smith who was my beloved late
husband, John M. Smith's nephew and the son of Charles and Virginia
Smith, provided she survives me by thirty (30) days.
C. I bequeath my painting, "The Presence" to my beloved niece, SISTER
GRETCHEN STEINER, S.S.J. of Bellefonte Delaware, to be used solely
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for her personal needs, provided she survives me by thirty (30) days.
D. I bequeath all of my clothing, jewelry, and personal effects, other than
jewelry and property specifically bequeathed in this Paragraph Third, and
other than household property, to my beloved niece, SISTER GRETCHEN
STEINER, S.S.J. of Bellefonte, Delaware, to be used solely for her
personal needs, provided she survives me by thirty (~30) days. In the
event that a question arises as to what constitutes my personal effects
and what constitutes household property, I authorize my Executrix to
make such determination and her decision shall be final
FOURTH: I give, devise and bequeath all of the rest, residue and remainder of
my estate, real, personal and mixed, of whatsoever nature and wheresoever situate as
follows:
A. Twenty-Five percent (25%) to my beloved niece, SISTER GRETCHEN
STEINER, S.S.J., of Bellefonte, Delaware, to be used solely for her
personal needs and travel expenses, provided she survives me by thirty
(30) days.
B. Ten percent (10%) to JOHN McNAMARA, of Norristown, Pennsylvania
who was wed to my beloved late niece, Elizabeth McNamara, provided he
survives me by thirty (30) days. I make this bequest in recognition of the
kindness shown by JOHN McNAMARA to my late sister, Catherine Fretz
and me.
C. Fifteen percent (15%) to my beloved nephew, GEORGE STEINER, of
North Wildwood, New Jersey, in recognition of the kindness shown to his
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brother, William Steiner, provided GEORGE STEINER survives me by
thirty (30) days.
D. Five percent (5%) to my beloved niece, SALLYANNE: REIDENHOUR, of
Collegeville, Pennsylvania provided she survives me by thirty (30) days.
E. Fifteen percent (15%) to KIMBERLY McCLELLAN of Pottstown,
Pennsylvania, STACEY HIRES of Collegeville, Pennsylvania, and TINA
SINGLETON of Norristown, Pennsylvania, who are the daughters of my
beloved late niece, Christine Granice, to share and share alike. If any of
the beneficiaries named in this Paragraph Fourth, "E," should fail to
survive me by thirty (30) days, the surviving beneficiaries or beneficiary of
this Paragraph Fourth, "E," shall receive their share :set forth in this
Paragraph Fourth, "E."
F. Five percent (5%) to my beloved great-niece, ELIZABETH MOLNAR, of
Collegeville, Pennsylvania, provided she survives me by thirty (30) days.
G. Five percent (5%) to my friend, COLLEEN BURDA, of New Bloomfield,
Pennsylvania, provided she survives me by thirty (30) days.
H. Ten percent (10%) to my beloved Roman Catholic Church parish
named and known as THE CHURCH OF GOOD SHEPHERD, in Camp
Hill, Pennsylvania to be applied to Masses to be said in my name and to
such other needs as the church parish may designate, provided the
church parish is in existence on the date of my death.
I. Ten percent (10%) to the SISTERS OF SAINT JOSEPH, ST. JOSEPH
GUILD, of Flourtown, Pennsylvania to be applied to Masses to be said in
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the name of my deceased sisters and to such other needs as the order
may designate, provided that the order is in existencE; on the date of my
death.
J. In the event that in any of the Sections "A" through "G" of this Paragraph
Fourth there are no beneficiaries surviving me by thirty (30) days, the
residual share set forth in that section shall be paid to the other residuary
beneficiaries named in this Paragraph Fourth in proportion to their
respective shares in the residue. AND, in the event that any of the
beneficiaries set forth in Paragraph Fourth, Sections "H" and "I" are not in
existence on the date of my death, their residual share shall be paid to the
other residuary beneficiaries named in this Paragraph Fourth in proportion
to their respective shares in the residue.
FIFTH: If, under the provisions of this Will, a share of my estate shall become
payable to any person who by reason of illness or other incapacity is incompetent to
receive any or all of the share to which he or she is entitled hereunder without the
appointment of a guardian or other fiduciary or the delivery of security, I hereby appoint
PNC BANK in Harrisburg, Pennsylvania, Trustee and Guardian four such beneficiary, to
hold in trust for the benefit of such beneficiary, his or her share of my estate, and in this
respect the said Trustee shall have power to use principal as well as income in such
amounts and at such times that it, in its sole discretion, deems advisable for the welfare
and support of such beneficiary. AND, further, the said Trustee shall have the full
power and authority to retain, sell, exchange, lease, invest and reinvest any property,
real or personal of said trust without the necessity of petitioning any court for permission
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to make such retention, sale, exchange, lease, investments or reinvestments in any
manner it deems best, without being limited to such investments prescribed by the laws
of Pennsylvania then in force for the investment of trust funds. AND, further, the said
Trustee shall have the full power and authority to borrow money from any person or
institution, including its own lending department, and to mortgage or pledge any or all
real or personal property comprising the trust, if such borrowing is necessary to prevent
the sale of any or all of the real or personal property comprising the trust at a price less
than the fair market value of such property. AND, further, the said Trustee shall have
the full power and authority to compromise any claim or controvert>y, without the
necessity of petitioning any court for permission to make such compromise. The said
Trustee shall pay to any beneficiary when such incapacity is removed, or to his or her
estate if he or she should die before such incapacity is removed, all of the property or
funds then in its hands which represent the said beneficiary's share of my estate.
SIXTH: All shares of principal and income hereby given shall be free from
anticipation, assignment, pledge or obligation of the beneficiaries and any of them, and
shall not be subject to any execution, attachment, levy or sequestration or other claims
of the creditors of said beneficiaries or any of them.
SEVENTH: I appoint my beloved niece, GRETCHEN STEINER, S.S.J. of
Bellefonte, Delaware, Executrix of this Last Will and Testament and direct that she be
permitted to serve without bond and without any intervention of any court except as
required by law. I authorize my Executrix to sell, encumber, mortgage, invest, distribute
in kind, or retain any item or property of my estate in such manner as she shall deem
proper, limited only by her own discretion provided, however, (1) that my Executrix shall
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first allow, at a private sale, any of the beneficiaries name in this Last Will and
Testament the opportunity to purchase any of my personal property, which is not
otherwise specifically bequeathed herein, at fair market value, and (2) that my Executrix
shall not permit a public sale of any of my personal property at my place of residence.
If, for any reason, my Executrix appointed under this Last Will and Testament should fail
to serve in that capacity, I appoint my attorney, RICHARD C. SENECA, ESQUIRE, my
Executor with the same powers and privileges set forth above.
IN WITNESS WHEREOF, I have, at Mechanicsburg, Pennsylvania, this 25th day
of May 2010, set my hand and seal to this my Last Will and Testament.
MARGA T M. S~ M~~
Signed, Sealed, Published and Declared by the above-named MARGARET M.
SMITH as and for her Last Will and Testament, in the presence of us who, at her
request, in her presence and in the presence of each other, have hereunto subscribed
our names as witnesses:
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
We, MARGARET M. SMITH, and ~ ~i S ~unti/hGu ,and
`~~` ~ ~~~~ ,the Testatrix and the witnesses respectively,
whose names are signed to the foregoing 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, that she
executed as her free and voluntary act for the purposes therein expressed, 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) years of age or older, of sound mind and under no constraint or undue
influence.
~~~ ~~
MA GARET M. SMITH
Testatrix
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Sworn to and Subscribed before me
this 25th day of May 2010. n
Notar~/Publi
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