HomeMy WebLinkAbout03-07-13 PETITION 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 following and respectfully request(s)the grant of Letters in the appropriate form:
Decedent's Information � f� j3 f o2 7o2--,,Name: Sarah Arlene Fry File No: QC,
a/k/a: (Assigned by Register)
a/k/a:
a/k/a:
Date of Death: 01/03/2013 Age at death: 79
Decedent was domiciled at death in Cumberland County,Pennsylvania (state)with his/her last
principal residence at 219 York Road S.Middleton Twp Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 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 datnicikd in Pennsylvania............................ All personal property $ 58,000.00
If not domkiled in Pennsylvania. ....................... Personal property in Pennsylvania $
If not domiciled in Pennsylvania. ...... ....... ........Personal property in County $
Value of real estate in Pennsylvania......................................................... $ R5-000.00
TOTAL ESTIMATED VALUE.... $ 143.000,00
Real estate in Pennsylvania situated at: 219 York Road S.Middleton Twp Cumberland
(Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County
® A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated March 24, 1998 and Codicil(s)
thereto dated
State relevant circumstances(ag.renunciation,death of ewutor,sac.)
Except as follows:after the execution ofthe instrument(s)offered for probate Decedent did notmarry,was not divorced,was not aparty to apending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and did not have a child born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
(D NO EXCEPTIONS Q EXCEPTIONS
13B. Petition for Grant of Letters of Administration (if applicable)
e.t.a.,d.b.n.,db.n.c.t.a.,pendente lite,durance absentia,durance minoritate
If Administration,ca a. or d.&&c.ta.,enter date of Will in Section A above and complete list of heirs.
i::7- W
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for dipree had beenZoablis iligdefined
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated pers a � � o
Q NO EXCEPTIONS Q EXCEPTIONS
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survivedby the folWA W se(ifa�t y)atf e�(attach
additional sheets,ifnecessary): y, W
Name Relationship AdFr.R O
cz
O r rat
f"
Pp
Form R W-02 rev.10/1112011 Page I of 2
Oath of Personal Representative official Use Only
rn
COMMONWEALTH OF PENNSYLVANIA } X Cf C�
} SS: t1Q -gyp
COUNTY OF CUMBERLAND } ; r :a r" M
Petitioners)Printed Name Petitioners)Printed AftWo;;c CT O
Ca
Harold W.Fry 219 York Road
Carlisle,PA 17013 a t
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 Decedent,the Petiti on s)will y administer the estate according to law.
Sworn to ffirme*ans cr i d before Ce � Date me this da o Date
By: Date
r t egfsrer Date
BOND Required:Q YES NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters. . ................. ... $—L210( --- Attorney Signature:
{ )Short Certificate(s)... . . .
( )Renunciation(s)...... . . .
{ }Codicil(s). ............
( }Affrdavit(s)... .. ... .. . .
Bond. Printed Name: Mark A.Mateya
Commission. .. Supreme Court
Other ..... .. ID Number: 78931
... .. LA Firm Name: Mateya Law Firm
... .. . . Address: 55 W.Church Avenue
Carlisle PA 17013
Phone: 717-241-6500
Automation Fee. Fax: 717-241-3099
JCS Fee. . .... . .. ... ..... ... . —f1L) Email: — IV Mm
TOTAL. .. .......... ........ $`� �
DECREE OF THE REGISTER
Estate of Sarah Arlene Fry File No:
aWa:
AND NOW, l ,in considerat}* n of th foregoing Petition,
satisfactory proof having Wnpresented before me,IT IS DECREED that Lettgo
are hereby granted t
in/he above estate and(if applicable)that
the instruments)dated jZ
described in the Petition be admitted id probate and filed'of record as the st Will(an dicil(s))of Decede t.
egister of Wills
Form RW-01 rev.1011112011 Page 2 of 2
LAST WILL AND TESTAMENT
OF
SARAH ARLENE PRY
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to a -4 C7
I, SARAH ARLENE FRY, Social Security Number 19PP-5252, roJMthe
State of Pennsylvania, declare that this is my LAS F K3% ARb TASXAMENT
and I revoke all other wills and codicils previous V %ate by m1h.-n
C7 C-> C> =3 z- "
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FIRST: I appoint my Husband, HAROLD WAYNE FR myv-PerrIboal
Representative concerning this will. if he is unaltr fHX 8 Roo
serve, I then appoint my son, ANDREW EUGENE FRY to Orve a�py Pelsonal
Representative.
a. I request that my Personal Representative be permitted to
serve without bond or surety thereon and without the intervention of
any court, except as required by law. I direct that my, Personal
Representative act in unsupervised administration so as to administer
my estate with a minimum of court supervision. If it becomes necessary
to have ancillary administration of my estate in any jurisdiction where
my Personal Representative is unable or does not desire to qualify as
ancillary legal representative, I appoint as such ancillary legal
representative such individual or corporation as my Personal
Representative shall designate, in writing.
b. I direct my Personal Representative to pay the expenses
of my last illness, the expenses of a funeral appropriate to my station
in life and custom of living (including a suitable monument or marker
for my grave) , and written charitable pledges which I have made. I
grant my Personal Representative the power to extend or renew any debt
for such time as my Personal Representative shall deem appropriate.
C. All estate, inheritance, succession and other death taxes
with respect to all property passing under this my Will shall be paid
from and borne by the principal of my residuary estate, without regard
to reimbursement, as if such taxes were administration expenses. my
Personal Representative may pay such taxes at any time deemed
advisable, whether or not then due and payable.
d. My Personal Representative is requested to settle my
estate as soon after my death as may be practicable, and to pay or
deliver every legacy or bequest to my beneficiaries without waiting any
time that may be believed to be customary in probate matters.
PAGE 1
'NgAOF 5 PAGES
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e. I may leave a letter of intent with the executed copy of
this Will for the purpose of giving guidance to my Personal
Representative concerning the distribution or sale of certain items of
my property. I request, but do not require, that my Personal
Representative honor my wishes therein expressed.
SECOND: I give, devise and bequeath, absolutely and forever, all
of my estate and property of which I may be seized or possessed, or to
which I may be entitled, at the time of my death, wherever situated or
of whatever nature, be it real, personal, or mixed, to my Husband,
HAROLD WAYNE FRY, as his sole and absolute property if he shall survive
me.
THIRD: In the event that my Husband, HAROLD WAYNE FRY shall not
survive me, I hereby make the following specific bequests:
a. To my grandchildren, KELLY LEE FRY, BRANDON LEE FRY,
BENJAMIN TRAVIS FRY and KARA ROSE RICHARDS and to any grandchild born
after the execution of this will, I give FIVE THOUSAND DOLLARS
($5,000.00) cash.
b. To my son, ANDREW EUGENE FRY, I give my guns and gun
cabinet.
c. To my daughter, KAREN DEE BARHAM, I give my antique
bedroom suit.
d. To my daughter, JUDITH LYNN RICHARDS, I give my jewelry
and armoire.
FOURTH: In the event that my Husband, HAROLD WAYNE FRY shall not
survive me, I give, devise and bequeath, absolutely and forever, all of
the rest, residue and remainder of my estate and property of which I
may be seized or possessed, or to which I may be entitled, at the time
of my death, wherever situated or of whatever nature, be it real,
personal, or mixed, to my children, DANNY LEE FRY, ANDREW EUGENE FRY,
KAREN DEE BARHAM, and JUDITH LYNN RICHARDS, in shares of substantially
equal value to be divided as they may agree.
a. If any of my children shall not survive me, then the
share of that deceased child shall go to the descendants of that child,
who are to take per stirpes and not per capita. If any of my children
shall not survive me and shall not be survived by any descendants, then
the share of that deceased child shall be distributed to my surviving
children and the descendants of any of my other children who fail to
survive me, in the manner set forth above.
r PAGE 2
OF 5 PAGES
b. I€ they are unable to agree, the division among my
children and the descendants of any of my children who fail to survive
me shall be made by my Personal Representative, in that person's sole
and absolute discretion. I empower my Personal Representative to sell
any or all of such property, if such property is not distributed in
kind hereunder, and to distribute the proceeds among my said children
in substantially equal shares. Any determination of my
Personal Representative as to what should pass or be sold under this
paragraph and to whom it should pass or be delivered or at what price
it should be sold shall be conclusive.
FIFTH: If any beneficiary to any share of my estate which is not
subject to the provisions of any trust which may be created by this
will is at the time of distribution of his or her share, a minor under
the laws of his or her domicile? I direct that the minor's share be
converted into qualifying property and delivered to the minor's
Guardian as Custodian for the minor under the Uniform Gifts to Minors
Act or the Uniform Transfers to Minors Act as may then be in effect in
either the state in which the beneficiary or the Custodian resides, or
any other state of competent jurisdiction.
a. The Uniform Gifts to Minors Act or The Uniform Transfers
to Minors Act, as may then be in effect in the state concerned, is
hereby incorporated by reference. The property affected by the Act
shall be managed, held, and distributed in accordance with the
provisions of the Act.
b. The financial custodian will serve without bond or surety
and without intervention of any court, except as required by law.
c. The receipt by the Custodian, for the minor, of any
principal or income transferred pursuant to this paragraph shall be a
full acquittance and discharge of my Personal Representative or
Trustee, as applicable, from liability with respect to such transfer
and from further accountability for the principal or income so
transferred.
SIXTH: Except as otherwise provided in this Will, I have
intentionally failed to provide for any other relatives or other
persons, whether claiming to be an heir of mine or not. Insofar as I
have failed to provide in this Will for any of my issue now living or
later born or adopted, such failure is intentional and not occasioned
by accident or mistake.
SEVENTH: Any beneficiary who fails to survive until one hundred
twenty (120) hours after my death shall be deemed to have predeceased
me, and the gift to that beneficiary shall be disposed of accordingly.
PAGE 3
OF 5 PAGES -�� �
EIGHTH: Definitions:
a. The term "children" as used in this Will includes adopted
and afterborn persons. The term "children" as used in this Will shall
not include step-children, the natural born or adopted children of a
person's spouse who are not the natural born or adopted children of the
person. A relationship by or through legal adoption shall be treated
the same as a relationship by or through blood for purpose of
succession to property under this Will.
b. The term "descendants" as used in this Will means the
immediate and remote lawful, lineal descendants by blood or adoption of
the person referred to who are in being at the time they must be
ascertained in order to give effect to the reference to them.
C. The term "Personal Representative" as used in this Will
means Executor, Executrix, Independent Executor, or any other title of
like import which is used to describe such a fiduciary.
d. The term "per stirpes" as used in this Will means that
whenever a distribution is to be made to the descendants of any person,
the property to be distributed shall be divided into as many shares as
there are ( 1) living children of the person, and (2) deceased children,
who left descendants who are then living, of the person. Each living
child (if any) shall take one share and the share of each deceased
child shall be divided among his then living descendants in the same
manner.
NINTH: In addition to any powers granted by the laws of the state
in which this Will is probated, I hereby authorize and empower the
fiduciaries named in this Will, to the extent of the discretion herein
granted, to sell, exchange, convey, transfer, assign, mortgage, pledge,
lease or rent the whole or any part of my real or personal estate, to
invest, reinvest, or retain investments of my estate, to perform all
acts and to execute all documents which my fiduciaries may deem
necessary or proper in regard to my property. If any of my fiduciaries
elect to receive compensation for services, such compensation will be
that allowed by law.
TENTH: If any part of this Will shall be invalid, illegal, or
inoperative for any reason, it is my intention that the remaining
parts, so far as possible and reasonable, shall be effective and fully
operative. My Personal Representative may seek and obtain court
instructions for the purpose of carrying out as nearly as may be
possible the intention of this Will as shown by the terms hereof,
including any terms held invalid, illegal, or inoperative.
PAGE 4 n /
OF 5 PAGES
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1 �/ p �IIN WITNESS WHEREOF, I have at Carlisle Barracks, Pennsylvania, this
,� day of ai1�'.k , 19�, set my hand and seal to
this my LAST WILL AND TESTAMENT, consisting of 5 typewritten pages,
each page bearing my handwritten signature.
This document was prepared under the authority of 10 U.S.C.
section 1044, and implementing military regulations and instructions
by Captain John T. Rothwell, who is licensed to practice law in the
State of Arkansas.
(SEAL)
tAH ARLENE FRY
The foregoing instrument was, at Carlisle Barracks, Pennsylvania,
this _ day of /�I , 19-2-L, signed, seal
g , ed, published
and declared by SAR
AN ARLENE FRY, the testatrix, to be her LAST WILL
AND TESTAMENT in the presence of all of us at one time, and at the same
time we, at her request and in her presence and in the presence of each
other, have hereunto subscribed our names as attesting witnesses, and
we do so verily believe that the said testatrix is of sound and
disposing mind and memory at the date hereof.
Soc.Sec.No.662f 39; 7,5ur4- Soc.Sec.No.�pp_��,3�"�! Soc.Sec.No. L7 yd-17A.5
OF 1701 S OF OF r
PAGE 5
OF 5 PAGES
COMMONWEALTH OF PENNSYLVANIA
CUMBERLAND COUNTY
ACKNOWLEDGMENT
I, SARAH ARLENE FRY, testatrix, 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.
(SEAL)
—Sxuff ARLE E RY
/± AFFIDAVIT
G
We, ` 6-. tQ4k),k)S ► ST,..� ie-^j A:-. „ ' i&}--T and
�JS,A,j m mtXa - , the witnesses, sign our names to this
instrument, being duly qualified according to law, do depose and say
that we were present and saw the testatrix sign and execute the
instrument as her Last Will; that the testatrix signed willingly and
executed it as her free and voluntary act for the purposes therein
expressed; that each subscribing witness in the hearing and sight of
the testatrix signed the will as a witness; and that to the best of our
knowledge the testatrix was at that time 18 or more years of age, of
sound mind and�under no constraint or undue influence.
Wi.t' n Wit ess Witness I ' �
Subscribed, sworn to and acknowledged before me by SARAH ARLENE
FRY, the testatrix, and subscribed and sworn to before me by
1� LC, ly��K1l�1S : CZ...n., -a �. .d�7,'�E-rrr , and
�LfirJZ,�J.. Z[Is-OS- , the witnesses, this day of
19�.
NO Y BLIC My Ca
N ar a o tart'Pul
Betty le Sta rid48,
Carlisle Boro,Cumberland Ga4u2o�1
MY Gomni1ss�on Expires MaY
Memhg! PennsYivanis Association 01 Notaries