Loading...
HomeMy WebLinkAbout04-17-13 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)thi following and respectfully requests the grant of Letters in the appropriate form: Lynn M. Gilmore Decedent's Information Name: Hubert A.McWilliams File No: 21 a/k/a (Assigned by Register) a/k/a a/k/a: Social Security No: Date of Death: 04/0912013 Age at Death: 78 Decedent was domiciled at death in Cumberland County, PA (State) with his/her last principal residence at 335 Beverly Road,Camp Hill 17011 Camp Hill Borough Cumberland Street address.Post Office and Zip Code City,Township or Borough County Decedent died at Holy Spirit Hospital East Pennsboro Twp. Cumberland PA Street address.Post Office and Zip Code City,Township or Borough Coanty State Estimate of value of decedent's property at death: If domiciled in Pennsylvania........................ All personal property $ 10,000.00 If not domiciled in Pennsylvania................. Personal property in Pennsylvania $ If not domiciled in Pennsylvania................. Personal property in County $ Value of real estate in Pennsylvania........... $ 175,000.00 TOTAL ESTIMATED VALUE$ 185,000.00 Real estate in Pennsylvarna situated at 335 Beverly Road,Camp Hill 17011 Camp Hill Borough Cumberland ,Attach additional sheets if necessary.: Street address,Post Office and Zip Code City.Township or Borough County ❑ X A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 0 310 8/2 01 0 and Codicil(s) thereto dateo (state relevant circumstances,e.g..renunciation,death o/executor.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(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 ❑X NO EXCEPTIONS❑ EXCEPTIONS ❑ EI. Petition for Grant of Letters of Administration (Irapplicable) c.t.a.,of b.n.; . .n.c..a.,pe en e lite,durante absentia urante minontate 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 pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C S §3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. ❑ X 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 am/)and heirs(attach additional sheets if necessary) Name Relationship Address r bnn RW-02 rev io i^7017 Copyright(c)2011 form software only The Lackner Group Inc —1 Page 1 of 2 .�Y U+ .d Oath of Personal Representative official Use only COMMONWEALTH OF PENNSYLVANIA } COUNTY OF Cumberland } REC0c;a Petitioners)Printed Name Petitioners)Printed Address ," _ + �7 Lynn M.Gilmore 107 Par 3 Drive t Millersburg,PA 17061 ('i j RPR 17 11 R Il A A1( . 0R fz. The Petitioners)above-named swears)or affirms)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioners)and that,as Personal Representative(s)of the Decedent,Petitioners)will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before ! �o Date !/z 7�/ me this day of (g I qvl I" Date By i1'. 2 il 1 r !�y e i-,�:`�� \ _ Date f-Or the Register Date BOND Required? El Yes No To the Register of Wills. FEES Please enter my appearance by my signature below: Letters..... . _ . _ _ __ $ 2-u X11 Attorney Signature: _Dl Short Certificate(s)..__ _ t� Renunciation(s).. Codicil(s) .__ . .... . c Affidavit(s) _ _ __... ...... Printed Name: Holly M Kerwin Bond _ __. ............ .. Supreme Court Commission_ _ _ _ . _ _ ID Number: 30426 Other Firm Name: Kerwin&Kerwin,LLP Address. 4245 State Route 209 Elizabethville,PA 17023 _ Phone: 7171362-3215 Automation Fee. .. __ . __._. . 1 —}—T Fax: 7171 JCS Fee ... .. __. _ ... TOTAL. ? ' E-mail: hmk @kerwinlawfirm.com DECREE OF THE REGISTER Date of Death: 04/09/2013 Social Security No: Estate of Hubert A.McWilliams File No: 21 ' a/k/a K AND NOW, ' in consideration of the foregoing Petition, satisfactory proof havir gbeen presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Lynn M.Gilmore in the above estate and(if applicable)that the instrument(s)dated 03/08/2010 described in the Petition be admitted to probate and filed of record l,Igs the last Will(and Codicil(s))of Decedent. l 1, L, gister of Wills Copyright(c)2011 form software only The Lackner Group Inc !� Page 2 of 2 1 LA- C-0 W 1 G'7 r W I L L O F Ne., ty <s H U B E R T A. M C W I L L I A M S I;7 :HW'Dert A. McWilliams, of the Borough of Camp Hill, Cufierlai County, Pennsylvania, declare this to be my Will and UJ s:�:heF'�by revg,::::'ce all prior Wills and Codicils made by me . ce 1 . I direct that the expenses of my last illness and funeral be paid from my estate as soon as practicable after my death. 2 . I hereby give, devise and bequeath the following: a. $2, 500 . 00 to Indiana University, Bloomington, Indiana. b. $1, 000 . 00 to Poplar Grove Cemetery, Monrovia, Indiana for Perpetual maintenance of the grave sites for my wife and me. 3 . I give, devise and bequeath all the rest of my property to 2 of my 4 children, to wit, Lynn M. Gilmore and Candace S. Bell, in equal shares, the share of any such deceased child to pay to his or her descendants, per stirpes. 4 . No interest: of any beneficiary of my estate or any trust herein created shall be subject to anticipation or to pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his interest, either in income or principal, nor shall the interest of beneficiary be liable or subject in any manner while in the possession of the executor, trustee, or guardian for the liability of such beneficiary whether such liability arises from his debts, contracts,, torts or engagements of any type. 5 . In the administration of my estate and any trusts herein created, my fiduciaries shall have the following powers, in addition to such powers as they may have by law: (a) To retain all or any part of my property, real or personal, in the form in which it may be at the time of my decease, including any business owned or controlled by me, or any closed corporation, partnership, or family enterprise in which I have an interest, as long as in the exercise of their discretion it may be advisable so to do, notwithstanding that said property may not be of a character authorized by law, and to operate any such business as a sole proprietorship, partnership or corporation. (b) To invest and reinvest any funds held by them in any property, real or personal, even though such property would not be considered appropriate or legal for a fiduciary apart from this provision, it being my intention to give my fiduciaries the same power of investment and reinvestment which I would possess if present and acting. (c) To sell, convey, exchange, partition, give options upon, or otherwise dispose of any property, real or personal, at the time held by them, at public or private sale or otherwise, for cash or other consideration or on credit, and upon such terms and for such price as they may determine. (d) To borrow money for any purpose in connection with the administration of my estate or the trusts created in this Will, to execute promissory notes or other obligations for amounts so borrowed, and to secure the payments of such amounts by mortgages or pledges of any property which may be included in my estate or the trusts created in this Will. (e) to make loans, secured or unsecured, in such amounts, upon such terms, at such rates of interest., and to such persons, firms or corporations as they may deem advisable . (f) To renew or extend the time for payment of any obligation, secured or unsecured, payable to or by my estate or the trusts, for as long a period or periods of time and on such terms as they may determine, and to adjust, settle and arbitrate claims or demands in favor of or against my estate or the trusts created in this Will . (g) In dividing or distributing any property, real or personal, included herein, to divide or distribute in cash, in kind, or partly in cash and partly in kind, as they may determine, and to that end allot specific securities or other property or an undivided interest therein to any share or part . (h) To hold, manage, and develop any real. estate which may be held by them at any time, to mortgage any such property in such amounts and on such terms as they may deem advisable, to lease any such property for such term or terms, and upon such considerations and rentals as they may deem advisable, irrespective of whether the term of any such lease shall exceed the period permitted by law or the probable period of retention in my estate or in a trust; to make repairs, replacements and improvements, structural or otherwise, in connection with any such property, to abandon. any such property which they may deem to be worthless or not of sufficient value to warrant keeping or protecting, and to permit any such property tc be lost by tax sale or other proceeding. (i) To employ such brokers, banks, custodians, investment counsel, attorneys, and other agents and to delegate to them such duties, rights and powers as they may determine, and for M such periods as they think fit . (j ) To register any such securities at any time in their own names, in their own names as fiduciaries or in. the names of nominees, with or without indicating the trust character of the securities so registered. (k) With respect to any securities forming part of my estate or the trusts created in the Will , to vote upon any proposition or election at any meeting of the corporation issuing such securities, and to grant proxies, discret=ionary or otherwise, to vote at any such meeting; to join or become a party to any reorganization, readjustment, merger, voting trust, consideration or exchange, and to deposit any such securities with any committee, depository, trustee or otherwise, and generally to take all action with respect to any such securities as could be taken by the absolute owner thereof. (1) To determine, as to all sums of money and other things of value received by them whether and to what extent the same shall be deemed to be principal or income, and as to all charges and expenses paid by them, whether and to what extent the same shall be charged against principal or income. 6 . I direct that all estate, inheritance and succession taxes that may be assessed in consequence of my death, of whatsoever nature and by whatsoever jurisdiction imposed, shall be paid out of the principal of my general estate to the same effect as if said taxes were expenses of administration.; and all property includible in my taxable estate whether or not passing under this Will, shall be free and clear thereof. 7 . If any legatee or devisee under this Will shall die within sixty (60) days after my death he shall be deemed to have predeceased me for all purposes under this Will . 8 . 1 appoint my Daughter, Lynn M. Gilmore, as my executrix. 9 . My fiduciaries shall not be required to post bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I, the said Hubert A. McWilliams, herewith set my hand to this my last Will, typewritten on five (5) sheets of paper, including the attestation clause and signatures of witnesses, this ��, day of rC 2:010 . Hubert A. McWilliams On the v day of � `w�— , 2010, Hubert A. McWilliams, declared to us, the undersigned, that the foregoing instrument was his last Will, and lie requested us to act as witnesses to the same and to his signature thereon. He thereupon signed said Will in our presence, we being present at the same time. We now, at his request, in his presence, and in the presence of each of us hereby subscribe our names as witnesses. Each of us further declares that he believes this testator to bet1_11 of sound mind and memory. t• residing at VLF B�rLCG/t _residing at �S ACKNOWLEDGEMENT COMMONWEALTH OF PA : SS COUNTY OF I, Hubert A. McWilliams, the testator, whose name is signed to the attached or forgoing instrument, having been duly sworn according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. live,-6��` ', ' l��ll tA/ Sworn to and acknowledged before Hubert A. McW illiams me this day of `7x�141�1 2010 Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Catherine M.Blair,Notary Public New Cumberland Boro,Cumberland County My commission i;Wres June 16,2013 Member,Pennsylvania Association of Notaries AFFIDAVIT COMMONWEALTH OF PA SS COUNTY OF and the witnesses whose names are signed to the a� tached or forgoing instrument, being duly sworn according to law, do depose and say that we were present and saw testator sign and execute the instrument as his Last Will; that the testator signed willingly and executed it as his free and voluntary act for the purpose therein expressed; that each of us in the hearing and sight of the testator signed the Will as witnesses; and that to the best of our knowledge the testator was at that time eighteen (18) or more years of age, of round mind and under no constraint or undue influence. Sworn to and acknowledged before me this day of j-- --- �j� 'A 2010 . Notary Public C oMMONWEALTH OF PENNSYLVANIA Notarial Seal Catherine M.Blair,Notary Public �c�,Cumberland Boro lone IC 0 3 LY r y wmmrsslon Expires mfr,PePennsY;vanla�asoclatlon i Notaries