HomeMy WebLinkAbout07-27-12IN RE: ESTATE OF
FRED MCGILLVRAY, Deceased
Upper Frankford Township
Cumberland County, PA
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-12-
AFFIDAVIT
1. I, Hamilton C. Davis, Esquire, was counsel for Fred McGillvray, who died on
July 10, 2012.
2. I met with Mr. McGillvray at his home located at 122 Buttermilk Road, Newville,
Pennsylvania, on June 19, 2012.
3. Mr. McGillvray signed and dated a handwritten Will, prepared by me, detailing the
distribution of his Estate, a copy of which is attached hereto and marked as Exhibit "A."
4. The primary asset of the Estate is a dairy farm consisting of real estate, cattle and
equipment.
5. The Will devised the farm, including the cattle and equipment to "Jess."
6. The Will named "Jess" as Executor and HCD (me, Hamilton C. Davis) as alternate
Executor.
7. Jess is known to me as Jessica L. Nailor.
8. Jessica L. Nailor was present when the Will was signed and it was the intention of
Mr. McGillvray to have Jessica appointed as Executor and Beneficiary in the Will as he expressed
that to me personally on June 19, 2012.
9. Also present and witness to the signing of the Will were Angie Schaeffer and Tricia
Bailey of my office.
10. This Affidavit is submitted to have Jessica L. Nailor appointed as the Executrix of
the Estate of Fred McGillvray.
Dated: ~ a By: ~ C
Hamilton . Davis, Esquire r, ,,
20 East Burd Street ~ ~-'
Shippensburg, PA 17257 ~~ ~-. ~ ~
(717) 532-5713 ~s ` ~ `'=' `:-~
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Sworn to an~ subscribed before me ~ ~ ; - .,N,~ ' ~`~ ~
this 7 of jl , 2012. ~~
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M:~RTSON
LAW OFFICES
Wi~cnM F. Mnx~rsoN
JOHN B. FOWLER III
DANIEL K. DEARDORFF
TxoMns J. Wir.i.tnMS*
Ivo V. Orro III
HUBI:RT X. GILROY
GEORGE B. FALLER JR.*
DAVID A. FITZSIMC)NS
CHRISTOPHER E. RICE
JENNIFER L. SPE9RS
SETH T. MOSEi3EY
KnrcF J. Mn~vEU.
R. C. VANLANDINGFIAM
10 EnsT Hicx Sra~.~T
C~si.F, PaNNSn.vnNin 17013
TELErxoNE (71"~ 243-3341
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Ms. Glenda Farner Strasbaugh
Register of Wills
Cumberland County Courthouse
One Courthouse 5quare
Carlisle, PA 17013
RE: Estate of Fred McGillvray
Our File No. 14857.1
Dear Ms. Strasbaugh:
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Earlier this week, I filed on behalf of Jessica L. Nailor a Petition for Issuance of Letters
Testamentary in the above estate naming her as the Executrix. Because the Will may, arguably, have
some different interpretations, I have obtained and hereby file the Affidavit of Attorney Hamilton
C. Davis who was present when the Will was executed. As you can see from the enclosed Affidavit,
Attorney Davis verifies that the intended Executrix for this Will is Jessica L. Nailor.
We ask that you proceed with issuing Letters to Ms. Nailor as soon as possible. The decedent
had an ongoing cattle operation which the Executrix needs to secure for the health of the animals to
preserve the assets for the beneficiaries.
Obviously, we will give appropriate notices to all family members and interested parties once
these Letters are issued and those parties will have an opportunity to object if they believe there is
a problem.
Thank you for your cooperation. I am happy to answer any questions you may have.
Very truly yours,
HXG/mas
Enclosure
F~.~F'ILES\Clients\14857 McGiiivrayU4857. Lregisterofwills.l
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