HomeMy WebLinkAbout12-19-11PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTy~ PENNSYLVANIA
Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in
support thereof aver(s) the fallowing and respectfully request(s) the grant of Letters in the appropriate form:
Decedent s Information
Name: Ray E. Smith
a/k/a:
a/k/a:
a/k/a:
Date of Death: 6/25/11
Decedent was domiciled at
principal residence at 625 Wil
Street ad
Decedent died at625_ Wii_ son S
Street address,
Estimate of value of decedent's prop
If domiciled in Pennsylvania..
If not domiciled in Pennsylvar
If not domiciled in Pennsylva~
Value of real estate in Pennsvl
Real estate in Pennsylvania situated ~t
(Attach additional sheets, if necessary.)
A. Petition for Probate
Petitioner(s) aver(s) he/she/they i;
thereto dated N/A
File No: ~) - ~ ~
(Assigned by Register)
Social Security No: 192-145621
Age at death•88
~ in Cumberland County, Pennsvlvania
treet Carlisle PA 17013 Carlisle Borou h Cumberland Count (State) with his/her last
Post Offire and 7:.. r•..a,.
City, Township or Borough
t, Carlisle, PA 17013 Carlisle Borou h; Cumberland Com
Office and Zip Code City, Township or Borough
at death:
County
County State
.........................All personal property $ 20,000.00
z' • • • • • • ' • • • • • • • • • . • ..... Personal property in Pennsylvania $
: ........................ Personal property in County $
znia .......................... ... $
.................
TOTAL ESTIMATED VALUE;.... $ 20 000 00
Street address, Post Office and Zip Code City, Township or Borough
the Executor(s) named in the last Will of the Decedent, dated November 19, 2003
County
and Codicil(s)
State relevant circumstances (eg. renunciation, death of executor, etc.)
Except as follows: after the exec 'on of the instrument(s) offered forprobate Decedent did not marry, was not divorced, was not a party to spending
divorce proceeding wherein the ounds for divorce had been established as defimed in 23 Pa. C.S. § 3323(8), and did not have a child born or
adopted; and Decedent was nei r the victim of a killing nor ever adjudicated an incapacitated person.
O NO EXCEPTIONS ~ E CEPTIONS
0 B. Petition for Grant of setters of Administration (If applicable)
c. t. a., d.b.n., d.b.n.c.t.a., pendente lite, durante absentia, durante minoritate
if Administration, Gt.a. off' d b.n.c.~a., enter date of Will in Section A above and com lete list of heirs.
Except as follows: Decedent wash 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 lneither the victim of a killing nor ever adjudicated an incapacitated person.
Q NO EXCEPTIONS ~ EX EPTIONS
Petitioner(s), after a proper seazch ~as/have ascertained that Decedent left no Will and
additional sheets, if necessary): ', was survived bythe fallowing spouse (if any) and heirs (attach
Name Relattonch~n ~.. L~
~
i ~
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fit-
Form RW-02 rev. 10/11/2011
Page 1 of 2
Uath of Personal Kepresentative
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF CL~'~~'~D
Printed Name
viii~iai vx vuiy 1
,^~,:
..:~
. ",, .: i
~l Printed A' ~s ' ~` ~ i
The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are true and correct to the best of the knowledge and belief
of Petitioner(s) and that, as Personal Representative(s) of the Decedent t~hpePetitioner(s) will well and truly administer the estate according to law.
t~'"^',~'''~"' ~~ ' _ Date ~~l ~l /!
Sworn to or affirmed and subscribed before Date
me this day of ~r• v ~ Date _
$y; Date
For the Register
BOND Required: ~ YES Q NO
FEES:
Letters ...................... $ ~.
( 1) Short Certificate(s)...... '~ rte'
( )Renunciation(s)........ .
( )Codicil(s) ............ .
( )Affidavit(s)...........
Bond ........................
Commission........... • • • • • •
Other ~.~_1 ~ \ \ ....... I ~
Automation Fee.......... • • • • •
JCS Fee .....................
TOTAL .....................
To the Register of Wills:
....o~ranre by my signature below:
Attorney Signature:
Printed Name: Robert G. Fre -
Supreme Court
ID Number: 46397 -
Firm Natne: Fre & Tile -
Address: ~ ~ ___aL TT..-....m.• chpPt -
,. ,~_,_ ne ~^rnt~ -
Phone: 717-243-5838
Fax: - -
Email:
DECREE OF THE REGISTER
Estate of Ra E. Smith
a/k/a:
AND NOW, ~ °" ~'-D `~ ~ ~ ~ ~ ~ in consideration of the foregoing Petition,
IT IS DECREED that LettersTestament?+-v
satisfactory proof having been presented before me,
are hereby granted toKa n L. Smith (, pp
in the above estate and tf a licable) that
the instrument(s) dated November 19, 2003
described in the Petition be admitted to probate and filed of~rencord as the last Will (and Codic,~l(s)) of Decedent.
of Wil)~ '~ ~~~~.~
~~ Page 2 of 2
File No: ~~ _ f I ~ / ~~
$ 0
)U 7 . SZ~
FormRW-02 rev. 10/11/2011
'OATH OF SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
Estate of Ray E. Smi
Trisha A. Liess
CUMBERLAND
COUNTY, PENNSYLVANIA
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_, Deceased
Robert M. Frey
(each) a subscribing witness to
(Print NameJs)
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 / th~y signed the same and that she / he /they signed as a witness at the request of
the Testator / Testat>~ix in her /his presence and in the presence of each other.
(Signature) ', (Signature)
307 Shed Road ', 5 South Hanover Street
(StreetAddress) (StreetAddress)
Newville, PA 17241
(City, State, Zip) ',
sly
Executed in Register ~ Office
Sworn to or affirmed and subscribed
before me this I day
of j
Carlisle, PA 17013
(City, State, Zip)
Executed out of Register's Office
Sworn to or affirmed and subscribed
before me this ~ ~ ~ day
of -~Q c~,w.,~ ~ Z ~ l ( .
'.
Deputy for Register o Wills Notary Public
I, My Commission Expires:
(Signature and Seal of Notary or other official qu d to
administer oaths. Show date of expiration of Notary's Commission.)
NOTE: To be taken by Office[ authorized to administer oaths. Please have present the original or wpy of instrument(s) at time of notarization.
FormRW-03 ,rev. 10.13.06 7M CF yN~
NoraRU~ aFx
IIOBERf G. TREY, Nuoryrb6~t
~M-Y~C.omm Epdr ~ ~~
-_ ___ _I
u.r)59n~ Syr, J.,~
This is to certify that this is a true copy of the record which is on file in the Pennsylvania :Department of Health, in accordance with
the Vital Statistics Law of 153, as amended.
WAIRNING: It is illegal to duplicate this copy by photostat or photograph.
6303390
o.
`1~'V~ow;.r.~ 0' 1~-u~-~ `11v~
Marina O'Reilly Matthew
Acting State Registrar
JUL 13 2011
Date
g~~
N,osta3 REV IlrmoS COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
~PErow+a"'NT" CERTIFICATE OF DEATH
BI.ACN M3(
(See Instrut:tfons end exemplp On nweree) STATE FILE NUMBER
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LAST WILL AND TESTAMENT
OF
RAY E. SMITH
I, RA"~t" E. SMITH of 625 Wilson Street in the Borough of Carlisle, Cumberland
County, Penn' ylvania, being of sound and disposing mind, memory, and understandin ,
do hereby ma~Ce, publish, and declare this as and form La g
revoking and #naking void any and all Wills by me at any time heretofore made.nt, hereby
1 • I direct my hereinafter named Executrix or Executors to pay all of m 'ust
debts and fune al expenses as soon after my death as may be found convenient to do so. I
direct that m funeral services be conducted by Ewing Brothers Funeral Home, 630
South Hanove Street, Carlisle, Pennsylvania, and that my body be interred on my burial
lot in Westminster Cemetery located in North Middleton Township near the Borough of
Carlisle, Pennsylvania.
2• direct that all inheritance, transfer, succession, estate an
which may be ayable on account of my death shall be paid from the residue ofemy state
regardless of hether the assets upon which such taxes are based are included in my
probate estate.
3• 11 the rest, residue, and remainder of my estate, real, personal, or mixed,
and wheresoev r the same may be situate, I give, devise, and bequeath to my wife,
KATHRYN L. SMITH, her heirs and assigns, to the exclusion of my children, born or
unborn. '~
4• ',Should my said wife, Kathryn L. Smith predecease me, then in such
event all the re$t, residue and remainder of my estate, real, personal and mixed, and
wheresoever thell~,same may be situate, I give, devise and bequeath as follows:
(a) All of my household goods and furnishings I
give and (bequeath in equal shares to my two children, KERRY RAY
SMITH nd KIMBERLY S. FLEMING as they may agree, but
should they fail to agree, then the same shall be distribut
persons ~ have named in a list I intend to place with thirst Will
indicating the item to be received by each person on that list. Should
there be o such list and should they fail to agree, then the same shall
be sold a public sale by my Executors at which sale each of them is
entitled t bid on each and every item he or she desires to have and
the toal b d by each of them shall be deducted from the share of the
estate to hich each of them is entitled.
(b)I The balance thereof I give, devise and bequeath as
follows:
1. 2% thereof to be divided equally
amlong the four (4) children of my daughter ~ .
Ki berly S. Fleming who are HILLARY ALICE ~ -
FL MING, BILLIE OLIVIA FLEMING
_,
:.~~ ~~
NI ,
HOLAS MITCHELL FLEMING and SANDRA '" ~ ~
~
LO RAINS JUDD. -
-~' ~ ;=' -
2. 10% thereof to the three (3) children -~ ~ ~ 7 .. ~~
of y son Kerry Ray Smith who are ALEXANDER ~> ~~ '
'~ ~
•; ~,
Mc EIL SMITH, JORDAN ELIZABETH SMITH _
;
~ -'''
and DEVIN KATHRYN SMITH.
(c) ''~ 10% thereof to the Official Board of First United
Methodist hurch, East North Street, Carlisle, Pennsylvania, to be
used for su h purpose or purposes as said Board shall deem best.
~IIII
~d) 78% thereof to be divided equally between my two
child en who are KERRY RAY SMITH and KIMBERLY S
FLEl~IING, but should Ke
share ~e would have received shall passe to such of his lee me then the
as shall survive me b a gitimate issue
there l~e no such issue the sa a shall lapse90nd be aper stirpes, and if
of my I other child. Should my daughter Kimberly S F erring failato
survive me then the share she would have received shall be ad
the share provided for my son, Ke ded to
rry Ray Smith.
5• I hereby nominate, constitute, and a
SMITH, as Ex cutrix of this my Last Will and Testamentolbut shou d sh KATHRYN L,
or fail to quali y, or cease serving as such, then in such event I nominate Predecease me
appoint my t o children or either of them the been ~ onstitute, and
KIMBERLY SI. FLEMING as alternate or successor Exe u oPRRd R U Y SMITH and
none of them s all be required to post any bond to secure the faithful performanc
her., or its dutie in the Co rther direct that
mmonwealth of Pennsylvania or in any other jurisdiction, of his,
6• hould any person less than 21
from my estate I direct that the same shall be paid to the parentsto fsuo distribution
h person as
guazdian of the states of such person and I authorize and direct said guardian to i
the same, and to pay the income arising therefrom, together with so much of the nvest
thereof as in the opinion of the guardian is necessary or desirable to be ex endedrincipal
p for the
proper mainten nce, support, and education of such person, and upon such person
attaining 21 ye s of age to pay to him or her the then remaining principal together wit
any undistribute income. Should the parents of such person be unable or unwillin to
serve as guazdia , then I direct that the Executors and the survivor of them shall be~he
alternate or succejssor guardian.
6• In I addition to the
hereinbefore named
Executors and Guardian and their sucocessors are authorized and m owered•
P
a. '~'o invest any part of the trust corpus in such securities, investments or
other prope~y as may be deemed advisable and proper, irrespective of whether the
same are a thorized for the investment of trust funds under the laws of any
governing jurisdiction.
b. V~Jith respect to any corporation, the stocks, bonds, or other securities of
which may b~ held, to vote in person or by proxy on any shares of stock; to consent
to the merge ,consolidation or reorganization of such corporations; to consent to
the leasing, mortgaging, or sale of the property of any such corporations; to make
any surrenders exchange or substitution of such stocks, bonds, or other securities as
an incident t the merger, consolidation or reorganization of such corporations• to
pay all assess ents, subscriptions and other sums of money which may be deemed
wise and exp dient for the protection and maintenance of the proportionate interest
of the invest ent in such corporations; to exercise any option or privilege which
may be confer~•ed upon the holders of such stocks, bonds, or other securities of such
corporations 'ther for the conversion of the same into other securities or for the
purchase of a ditional securities, and to make any and all necessary payments
which may be equired in connection therewith; and generally to have and exercise
as to all such s ocks, bonds, and other securities, the powers of an individual owner
who is under t st obligation.
c. To hold the trust corpus in one or more consolidated i'unds in which
separate shares hall have undivided interests.
d. To dell at public or private sale for cash or upon credit, or partly for
cash and partly 'on credit, and upon such terms and conditions as shall be deemed
proper, any part or parts of the trust estate, and no purchaser at any such sale shall
be bound to inq ire into the expediency or propriety of any such sale or to see to the
application of th purchase money arising therefrom.
~y Fes;,-~
e. To keep on hand and uninvested such moneys as may be deemed ro er
and for such period as may be found expedient.
p P
' f. To compromise, settle, or arbitrate any claim or demand in favo
against tlhe trust estate. r of or
I' g. And authorized in the discharge of fiduc'
iary duties, to employ counsel
and to d termine and to pay such counsel reasonable compensation which sh
charged against the principal or income of the trust fund, and shall fu all be
entitled t charge against the principal or income such other reasonable Xher be
and char es as may be necessary and proper to incur for the proper dischar
fiduciary duties and for the proper management and administrati penses
ge of
estate. on of the trust
. In making any division of property into shares for. the purpose of an
distributi n thereof directed by the provisions of the trust, to make such divisi Y
distributio ,either in cash or in kind, or partly in cash and partly in kind, as shal or
deemed ost expedient, and in making any division or distribution in kind 1 be
allot any s ecific security or property or any undivided interest therein to an o may
more of su h shares, and to that end may appraise any or all of the property so to be
allotted an the judgment as to the propriety of such allotment Y ne or
value for urposes of distribution of the securities or property so allo~ted shall ive
final and conclusive upon all persons interested in the trust or in the divisio be
distributiorri thereof. nor
i. 'Authorized to register any shares of stock or other assets of any trust in
their own n~mes or in the name of a nominee.
j. ~'o retain and invest in shares of stock of my Trustee.
k. To retain any investments including mutual funds which I m
the time of r~y death and in add' ' a own
ition to invest an Y at
mutual fund for mutual funds as may be deemed ad psable or proper, irrepective of
whether the dame are authorized for the investment of trust funds under
any governm~ jurisdiction. the laws of
1. To determine from time to time whether all or some portion of realized
capital gains hall be treated as ordinary income for distribution to a benefici
treated as pri cipal to be retained as part of the corpus, and such designation nee r
not be consist nt from one year to another. d
IN WITNE~S WHEREOF, I have hereunto set m hand
Will and Testament ,,written on 3 pages, this Y d seal to this my Last
~~ day of ~vs~z'-....G.~,.-~ , 2003.
RAY .SMITH (SEAL)
Signed, seale ,published and declared, b
named, as and for his Last Will and Testament, in ourr presence,Ilw o'thn h S staeor above
his request, and in t e presence of each other, have hereunto subscribed o p sence, at
attesting witnesses. ur names as
~ q, ~,~~_