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HomeMy WebLinkAbout05-13-13 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 Name: WILLIAM A.NAGY File No: 21 - 16 - 651 aWa: (Assigned by Register) a/k/a: tea. Social Security No: Date of Death: 4/22/13 Age at death: 87 Decedent was domiciled at death in CUMBERLAND County, PA (State)with his/her last principal residence at 22 Strawberry Dr. 17015 So.Middleton Twp. Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 1000 W South St 17013 Carlilse Borough 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 domiciled in Pennsyl vania................................All personal property $ 20,000.00 If not domiciled in Pennsyl vania.............................Personal property in Pennsylvania $ If not domiciled in Pennsylvania.............................Personal property in County $ Value of real estate in Pennsyl vania.............................................................. $ 150 000.00 TOTAL ESTIMATED VALUE.... $ 170 000.00 Real estate in Pennsylvania situated at: 22 Strawberry Dr. 17013 So Middleton Twp. 17013 (Attach additional sheets,if necessary) Street address,Post Office and Zip Code City,Township or Borough County M A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)averts)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated 9/3/99 and Codicil(s) thereto dated NOn Janet K.Nagy redeceased 1/3/2004 State relevant circumstances(e.g.renunciation,deata of 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. M NO EXCEPTIONS ❑EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration(If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durance minoritate If Administration,at.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(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. ❑ 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 any)and heir attach additional sheets, if necessary): n 7 Name Relationship Xd ss m n M C c -> n a C, n o CD - Q t K� Q co y O Cn � Aar.aw-02 rev.10/1/120/1 Page ] of2 Oath of Personal Representative ofrdal us.oaiy COMMONWEALTH OF PENNSYLVANIA } I F I } SS: i COUNTY OF CUMBERLAND () h ±,_1 1IBC - Petitioner(s)Printed Name Petitioner(s)Prin ea Alress - - - 109SchoolfieldDrive 13 p� aq Amy K_Nagy Powiess _ Carlisle " PA 1'7013 CLERK OF 017wo I- .__-G�E_RL, NO OM, PA '3'he Petitioners)above-named swear(s)or affimr(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,the Petitioner(s)will well and tndy administer the estate according to law. Swom to affirmed and subscribed before� --C �7? rtS°tR'o.'a Date 0,5413113 , me 1 day of x�t n d 1 Date - - By:� � _ _._ Date — For the Register _ _.. Date BOND Required: ❑ YES 9/NO To the Register of Wills: FEES: Please enter my appearance by my signature below: ( _ r.....-- 2X..a -...... _ Letters. .. ..... .. . .. . .. . . ... . . $ _i53_ Attorney ' nature: ( j )Short Certificates(s) . . . . .. _25-00— { )Renunciation(s)........ ( )Codicil(s) . ...... .... . .. --- --- ( )Affidavit(s). . . . .. . ... . .. Bond .. .......... ... . ..... Printed Name: Hubert X. Gi it Commission .................... - Supreme Court -- Other _ 1D Number: 29943- _ Mattson Law Offices Firm Name: --- --- l ew i X°'—�` _.... ,.. k�i- Address: 10 East High Street —... . — Carlisle PA 17013 —......... — Phone: (7171243-3341 — _. .. . . . .. . LFnia, (717}243-1850 _ JCS Automation Fee ... . .. . h�ilrgy�a martsonlaw.com ICS Fee ....................... TOTAL......... .. .... ... DECREE OF THE REGISTER Estate of WILLIAM A.NAGY _ _ File No: 21 a/k/a: v — AND NOW, _ k _ in consideration of the foregoing Petition, satisfactory proof having bee resented before me,IT IS DECREED that Letters Testamentary ,v are hereby granted to A RY K.Na Y POwless in the above estate'and(if applicable)that the instrument(s)dated — described in the Petition be admitted to probate and fled of record as the last Will(and Codicil(s))of.Decedent, JC Register of wills tarn,RW-02 .m 101112011 �P I � Page 2 of 2 H105. LAST WILL AND TESTAMENT I,WILLIAM A. NAGY, of Titusville, Crawford County, Pennsylvania do make this my Will, hereby revoking any and all Wills at any time heretofore made by me. FIRST: I direct that the expenses of my last illness and funeral be paid out of my estate as soon as may be convenient after my death. SECOND: I give all my tangible personal property to my spouse, Janet K. Nagy, if my spouse survives me. If she does not survive me,except as I may have provided in a memorandum which may be attached to my Will,I give my tangible personal property to my daughters who survive me as they may each select. THIRD: If my spouse survives me, I give all the residue of my estate to be held in trust with my daughter, Amy K. Nagy Powless, acting as Trustee. The Trustee shall distribute the income from the trust to or for the benefit of my spouse. If the income is insufficient to provide for the health, welfare and comfortable support of my spouse, the Trustee shall have the discretion to use principal for said purposes. Upon the death of my spouse or upon my death if my spouse does not survive me, the residue of my estate or the trust as the case may be shall be distributed in equal shares to my daughters who survive me, Amy K. Nagy Powless, Jennifer O'Brien and Elizabeth M. Nagy. The share of any daughter not then living shall be distributed to her issue per stirpes or if she has no issue, said share shall be distributed to my other daughters in equal shares. Provided, however,the share any grandchild may receive under this article who has not yet attained the age of thirty (3 0) years shall be held as follows: (i)Until my said grandchld's thirtieth(30th)birthday, the Trustee may pay to said grandchild or to the person having custody of him or her,without liability on the part of the Trustee to see to the application thereof, or may expend directly such sums from Income or principal as she deems advisable for his or her health, welfare, comfortable support and education, in vow of otherjncome-v of which she has knowledge and shall add any excess Income to principal and Nvosst it as Stich. 6 rn = r- _ o vr- ' M w Q:) a C7 r7 O V Q CD � (ii)Upon said grandchild's thirtieth(30') birthday, the trust shall terminate and the principal shall be transferred and delivered to him or her free of trust. In the event of his or her prior death, the principal, including any accrued or undistributed Income, shall be transferred to said grandchild's surviving children equally, or, if he or she has none, to the then living issue per stirpes of his or her parent who was my child, the share of any other grandchild under such age to be added to his or her separate trust hereunder. (B) The interest of any beneficiary hereunder, in Income or principal, shall not be subject to assignment, alienation,pledge, attachment or claims of creditors until after payment has actually been made by the Trustees as hereinbefore provided. FOURTH: The Trustee and Executrix shall have the following powers, in addition to and not in limitation of those granted by law; to accept assets in kind in distribution from my estate; to collect proceeds of insurance on my life; to retain assets in kind,to sell the same and to invest and reinvest the proceeds without being restricted to investments which are listed as legal for trust funds; to pledge, exchange or mortgage real or personal property and to lease the same for terms exceeding five (5) years; to give options for sales, leases, and exchanges; to borrow money, to compromise claims; to make division or distribution hereunder either in cash or in kind; and to allot different kinds of or interests in property to different shares. FIFTH: I appoint my spouse, Janet K. Nagy, Executrix of this my Will. If my spouse is unable or unwilling to serve as Executor, I appoint my daughter, Amy K. Nagy Powless, Executrix. If she is unable or unwilling to serve as Executrix, I appoint my daughter, Jennifer O'Brien,Executrix. If she is unable or unwilling to serve as Executrix, I appoint my daughter, Elizabeth M. Nagy,Executrix. No bond shall be required of my Executrix in this or any other jurisdiction. SIXTH: I direct that all estate,inheritance,and other taxes whatsoever, whether or not the property upon which such tax is levied passes as part of my estate,be paid from the principal of my residuary estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 3 day of .S R P1 1999. ) C�J (SEAL) Signed, sealed,published and declared by William A. Nagy, the Testator above named, as and for his Will,in the presence of us,who, at his request, and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses hereto. -AW11 a COMMONWEALTH OF PENNSYLVANIA COUNTY OF We, William A. Nagy, -'n7GP_J IN . VA1.ppito, and ��� ;� , �ut4r� the Testator and the witnesses, respe velcl y�who a names are signed to the foregoing Will,being first duly sworn according to law, do depose and say that the Testator signed and executed the foregoing instrument as his Will and that he signed willingly, that he executed it as his free and voluntary act for the purposes therein expressed, that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witnesses and that to the best of the knowledge of each of them the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. Testator vQ—� f V A k1 WL We ss QI-9�, :[ - �' W' ess Subscribed, sworn to and acknowledged before me by William A. Nagy, the Testator, and subscribed and sworn to before me by TRP(ty 4. ff1MF and JULIE L. SUTION witnesses,this 3U day of $EPTEM$£R 1999. Notary Public . ••...NOTA61Al S. SEAL - `I DARLA MAUCK,Nalory AMIC �.. M y Gaowiien ExOn ix 2= ' MEMORANDUM I