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HomeMy WebLinkAbout02-27-13Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/aze 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form: Decedent's Information ~{ (~ Name: CHARLES E. MACLAY File No: ,~ ~ ~ J ~ t~ ~ _ I a/k/a~ signed by Register) a/k/a: a/k/a: Social Security No: Date of Death: FEBRUARY 19, 2013 Age at death: 86 Decedent was domiciled at death in CUMBERLAND County, pENNSYi.VANIA (State) with his/her last principal residence at 7 S. RIDGE RD.. BOILING SPRINGS 17007 S MIDDLETON TOWNSHIP CUMBERLAND Street address, Post Omce and Zip Code City, Township or Borough County Decedent died at 7 S. RIDGE RD.. BOILING SPRINGS 17007 S MIDDLETON TOWNSHIP CUMBERLAND PA Street address, Post Ofnce and Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: /f domiciled in Pennsylvania ............................ All personal property $ 500.000.00 /jnot domiciled in Pennsylvania ........................ Personal property in Pennsylvania $ Ijnot domiciled in Pennsylvania ........................ Personal property in County $ Value of real estate in Persnsylvania ......................................................... $ 177,nnn nn TOTAL ESTIMATED VALUE.... $ 677.000 00 Real estate in Pennsylvania situated at: 7 S. RIDGE RD., BOILING SPRGS. 17007 S MIDDLETON TOWNSHIP CUMBERLAND (~Att/a/ch additional sheets, if necessary.) Street address, Post Office and Zip Code City, Township or Borough County I`~J A. Petition for Probate and Grant of Letters Testamentary Petifioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated SEPTEMBER 26, 2012 and Codicil(s) thereto dated NONE State relevant circumstances (eg. renunciation, death ofexecurop etc.) Except as follows: after the execution of the instrument(s) offered for probate Decedent did not marry, was 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 EXCEPTTONS ©EXCEPTIONS © B. Petition for Grant of Letters of Administration (if applicable) c.t.a., d.b.n., d.b.n.c.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. Q NO EXCEPTIONS Q EXCEPTIONS Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the following spou~e(ifany) anrod heirs (attach additional sheets, if necessary): A w ~ m C m Name Relationshi lm ress r" s -+ o r D m I V t ri m 2' U: 7c 00 ;~ -ry 'tl C7 O -n ;~ 7 O C ~. -- C '-9 _ t" 'O C.~ N O Farmew-oz rev.tonvzoii Page 1 oft Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND Official Use Only The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are true and correct to the best ofthe knowledge and belief of Petitioner(s) and that, as Personal Representative(s) of the/De~cedent, the Petit er(s) ill well and truly administer the estate a~~cco~fding t} law. Sworn to~jr affirmed subscribed before (% ~ ~~ Date u2 7/ ~-~ me this of ~ dayhfi'~ Date Register Date BOND Required: ©YE5 ~ NO FEES: Let ers ...................... $ (~) Short Certificate(s)...... ( )Renunciation(s)........ . ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ........................ Commissio ..~. Other ...... Automation Fee ........ . ..... . ]CS Fee ..................... TOTAL ..................... $ -&A9' To the Register of Wills: Please enter my appearance by my signature below: Attorney Signature Printed Name: THOMAS E. FLOWER Supreme Court ~-°; ~ ' ~ r*1 ~ ID Number: 83993 ~ ' r rr ~~ rn 4'>n Firm Name: FLOWER LAW r~L'9 m V> ~ Address: 10 W HIGH CT ~ D r- ~ ~_ r'ARI ISi F P ATL7 ~r -•7 '~ ~ ~ _ _ O G7 Q ~ ~ ~ ~ Pbone: 717-243-5513 ~ c ~ -= ~ Fax: 717-241-4021 ' ~ ~ Email: TnM~FT nw a F~. A W ('n iv~•~ ~ -:, ~~~ , DECREE OF THE REGISTER Estate of CHARLES E. MACLAY alk/a: AND NOW, satisfactory proo the instrument(s) dated SEPTEMBER 26 2012 described in the Petition be admitted to probate and filed cord a~ the I Will (and Keg"rster oY W Ils1 L) ~ U/~- Form RW-02 rev. lonrnon Pa 2 oft File No: /a' / - ~ ~ ~ ~~~ ~~~y~--° in consideration of the foregoing Petition, ented efore me, IT IS DECREED that Letters TESTAMENTARY axe hereby granted to CHARLES E. MACLAY. JR `-~ in the above estate and (if applicable) that LAST WILL AND TESTAMENT OF CHARLES ELLWOOD MACLAY I, Charles Ellwood Maclay, of South Middleton Township, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST ~ I direct the payment of my just debts and expenses of my last illness and funeral from my estate as soon after my death as conveniently may be done. If there be no cemetery lot available for my interment owned by me at the time of my death, 1 authorize my personal representative to purchase such cemetery lot with a contract for perpetual care, using therefor funds from my estate in such amount as he shall consider necessary and desirable, and I authorize my personal representative to cause title to or ownership of such lot so purchased to be vested in such person as my personal representative shill desigrixte.~ m C p w rn n Further, I authorize my personal representative to expmn',~ Ci nc~fro~ ~,y ri r- rv r,1 i,t r-.~ estate, in such amount as my personal representative shall~~s~der?i'ec~s~ry and desirable for the purchase, erection and inscription of c~~aE~le,t7~arkcrc"6ar ;, ~ r- ter --s r -v c.a ~ ~ my grave. n SECOND I make the following specific bequests: A. To the Cumberland County Historical Society I give the sum of ten thousand ($10,000) dollars. B. To the Salvation Army I give the sum of ten thousand ($10,000) dollars. C. To my friend and neighbor, Ron Wilson, of 9 S. Ridge Road, Boiling Springs, I give the sum of fifteen thousand ($15,000) dollars. In the event he should disclaim, this bequest shall pass to his grandson, Logan Wilson. THIRD Because f have otherwise provided for my son William by gifts during my lifetime and in trust for his benefit, I make no other provision for him under this my Last Will and Testament. "'~~~ FOURTH To the Revocable Trust of Charles Ellwood Maclay and Jobyna Marie Maclay Under Agreement Dated September 9, 1998, as amended, I give the sum of one hundred thousand ($100,000) dollars, as well as any interest in the property at 6 Shirley Lane that I may be deemed to have retained. FIFTH I give, devise and bequeath all the rest, residue and remainder of my estate to my son, Charles E. Maclay, Jr., or his issue, per stirpes. 2 SIXTH I direct that any and all inheritance, estate, and transfer taxes imposed upon my estate passing under this Will or otherwise shall be paid out of the principal of my residuary estate. SEVENTH I do hereby nominate, constitute and appoint my son, Charles E. Maclay, Jr., of Williamsville, N.Y., to act as Executor of this my Last Will and Testament. EI HTH My executor shall not be required to give bond for the faithful performance of his duties in any jurisdiction. IN WITNESS WHEREOF, I, Charles Ellwood Maclay, have hereunto set my hand and seal to this my Last Will and Testament, consisting of three (3) typewritten pages, the first two (2) of which bear my signature in the margin for identification, this ~b~day of _, 2012. Charles Ellwood Maclay 3 Signed, sealed, published and declared by the above-named Charles Ellwood Maclay, Testator, as and for his Last WiII and Testament in the presence of us, who have hereunto subscribed our names at his request as witnesses thereto, in the presence of said Testator and of each other. ADDRESS ~D'~+~ ' Sv~ ~ ~ /z~ r3 ~. ~ ADDRESS ,i}- t~t3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND We, Charles Ellwood Maclay, Ja~.,oca+ (ow..at~ and 1~ru~N ~ • rlQU•~l, the Testator and witnesses, respectively whose names are signed to the foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and Testament and that he signed willingly and that executed as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator signed the Will as witnesses and that to the best of their knowledge the Testator was at the time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. ,~~~ s~~~ Charles Ellwood Maclay Subscribed, sworn to and acknowledged before me by Charles Ellwood Maclay, the Testator, and subscribed to and sworn or affirmed to before me by ~ a..Gre...•s., ,l,,. and Dawn ~, f~ou.-~-~ ,witnesses, this~bday of _, 2012. Notary Public COMM TF1 PPENNgyLVANIA NOTARIAL SEAL THOMAS E. FLOWER, Notary Publ'~c Carlisle Boro., Cumberland County My Commission Expires October 26, 2014 9