The URL can be used to link to this page

Home My WebLink About08-09-13 � �� 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: FAY E.McCOY File No: ��' ��"�7� a/k/a: (Assigned by Register) a/k/a: alk/a: Social Security No: Date of Death: 04/27/2013 Age at death: 98 Decedent was domiciled at death in CUMBERLAND County, pENNSYLVANIA (state)with his/her last principal residence at 1 LONGSDORF WAY CARLISLE 17015 S.MIDDLETON TOWNSHIP CUMBERLAND Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 1 LONGSDORF WAY,CARLISLE 17015 S.MIDDLETON TOWNSHIP 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 Pennsylvania.. ......... ....... .. .. ...... All personal property $ 44,000.00 If not domiciled in Pennsylvania. . ...................... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. . ............. .... .. .. . Personal property in County $ Value of real estate in Pennsylvania...... ..... .. .... .............. .. ....... .. ...... .... ..... $ TOTAL ESTIMATED VALUE. . .. $ 44.000.00 Real estate in Pennsylvania situated at: (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 Testamentarv Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in'the last Will of the Decedent,dated DECEMBER 22, 1995 and Codicil(s) thereto dated � RFNi TNf TATT[1N F[1R R WiT.T.iAM McC.nY ATTACHF.n HF.RF.Tn State relevant circumstances(�g.renunciation,death 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. Q NO EXCEPTIONS Q 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,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(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. Q 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 heirs(attach additional sheets,if necessary): /� ,_„ -� . `� ��A �tii� � �°�B �"'3 Name Relationshi �d��'."'ss �:-� :;�°:�� ., �:�� .c:: �..� C:") J ,� i� -v-•,n i.� �, �:;�`,�. ��' V�.� ;.•w.i � �'�. C'�3 Y,.,,'' �."� ,TMw7 ,�-� C`:�.a � -� ..:._"1 � �J . u..._ �„`r 1 `� �.� �3 N, ^;:Jy C� Fo�Rw oa rev. 10/11/2011 Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: n � - � -- COUNTY OF CUMBERLAND } °"`, �_:' � t"i`� _ �?�� Petitioner(s)Printed Name Petitioner(s)Printed Address ,^�=�' .' -' ,' . . JOAN M. POSEY 900 SANDBANK ROAD MT. HOLLY SPRINGS PA �"�0�� '`�-' ` r MARJORIE McCOY GROUP 500 OAK LANE,MT. HOLLY SPRINGS,PA 17065 ' '' —==,' � WILLIAM C. McCOY PO BOX 18 MT. HOLLY SPRINGS,PA 17065 °.;�� ~�� -a._; � �..,� f_1, .� The Petitioner(s)above-named swear(s)or affirm(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 truly administer the estate according to law. Sworn to affirmed an subscribed before Date 3 me thi ��h da of �!>J xc � Date Y ��- $y; �� -. ' ` Date��—C�'.�� ,or the Register Date BOND Required: Q YES Q NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ 90.00 Attorney Sig ure: ( 1 ) Short Certificate(s). . . . . . 5.00 ( 1 )Renunciation(s).. . . . . . . . 5.00 ( ) Codicil(s). . . . . . . . . . . . . • ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . P inted ame: MARCUS A. Mc IGHT,III Commission. . . . . . . . . . . . . . . . . . S reme Court Other . . . . . . . ID Nu 25476 WILL . . . . . . . 15.00 INVENTORY . . . . . . . . 15.00 Firm Name: IRWIN&McKNIGHT,P.C. INH TAX RETURN . . . . . . . . 15.00 Address: 60 WEST POMFRET STREET � � � � - - - � CARLISLE,PA 17013 . . . . . . . . Phone: (717)249-2353 Automation Fee. . . . . . . . . . . . . . . 5.00 Fax: (717)249-6354 JCS Fee. . . . . . . . . . . . . . . . . . . . . 23.50 Email: TOTAL. . . . . . . . . . . . . . . . . . . . . $ 173.50 DECREE OF THE REGISTER Estate of FAY E. McCOY File No: ��-�� "��j� a/k/a: AND NOW, , , in consideration of the foregoing Petition, satisfactory proof having en presente before me, IT IS DECREED that Letters TESTAMENTARY are hereby granted to JOAN M. POSEY,MARJORIE McCOY GROUP AND WILLIAM C.McCOY in the above estate and(if applicable)that the instrument(s) dated � � �� ' described in the Petition be admitted to probate and filed of reco d as the last ill (and Codic' s)) of Decedent. � (�� f ' /� �C. /�'t..J Register of Wills ` `,/ � �� - �� - 4� Form RW-02 rev. ]0/11/2011 �� P 2 Of 2 ' �-�"�-� r g�� _:�,� � � J--..,.A r!!�eq� ✓ C....J t�� }'�`� �� 4.1 f ,j �...� RENUNCIATION � ,., � �: ; �;�� n , ., � , � �:.� Ct:, . �.:...� ;::� REGISTER OF WILLS ��'��` °�,� r'� � �';, �:�. �w�, —=� �.¢ CUMBERLAND, PA COUNTY, PENNSYLVANIA * " `�w� ti� ' ,�;7 c.�a �.`W� M ^ � .....� k..... �.� �� y�a, s„� �' �..n J ,l:; Estate of FAY E. McCOY , Deceased I, R. WILLIAM McCOY , in my capacity/relationship as (Print Name) EXECUTOR of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to JOAN McCOY POSEY, MARJORIE McCOY GROUP AND WILLIAM CHARLES McCOY .� �l�.�.--ti� � �� (Dat , (Signature) �� a�.c �� (Street Address) /�� / S � /�d�, — (City,State,Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Before the undersigned personally appeared the before me this day party executing this renunciation and certified of , that he or she executed the renunciatio for the purpos tated rthin on this day of �'S� , � Deputy for Register of Wills ot Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) co�oNw�.n�oF�vNSY�.�i� �� Karen S.Noel,Notary Publlc Form RW-06 rev. 10.13.06 �Bpt�p,(k�mbeFlend COUMy MyCommis�ion Expires Dec. ZQlS ' MEMBER,PENN5Y6VAN�1# � � � =�� 1`�`I C �-� -�. C�J- �... k ��'3\ . ` � T � . ' � a j ��'..� 1��^.... Mns I , 1 � �� [ \�� .d yf� � � 1 ^ n.. ' Rk� � ti •'� �„ { .. E�� .�,r"�' : �'!' CD , �:;:; � �? .�••�, e';.. ....... —�—. ..,..I ,.,.�-.� C7 �`� r• � ,�,i c."a �-� , ,�. r� `1�w .,..,., i._.� . � � 1.�..� . ._ ��.�.� � � ".,... r.� LAST W�LL AND �'ES'TAME1��' � �� '�' I, FAY E. McCOY, of the Borough of Carlisle, Cumberland County, Pennsylvania, being of sound mind, disposing memory and full legal age, do hereby make, publish and declare this instrument to be my Last Will and Testament, hereby expressly revoking a11 Wills and Codicils heretofore made by me. ONE: I direct my Executor or Executrix, as the case may be, to pay all of my debts, funeral and administrative expenses as soon as may be done conveniently after my decease. Furthermore, I direct that a11 state, inheritance, succession and other death taxes imposed or payable by reason of my death and all interest and penalties thereon with respect to a11 property composing of my gross estate for death t� purposes, whether or not such property passes under this Will, shall be paid by the Executor or Executrix of my estate. TWO: My Executor or Executrix, as the case may be, may, at his or her discretion, compromise cla,ims, borrow money, retain property for such length of time as he or she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as he or she may deem proper; and invest estate property and income withoui restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefor, in fee simple, as I could do if living. My Executor or Executri�� . , , , , , is authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executor or Executrix. THREE. I hereby give, devise and bequeath all of my estate of every nature and wherever situate to be distributed IN TRUST, for my spouse, R WILLIAM McCOY, subject to the following provisions: A. The estate shall be divided by the Trustee into two separate trusts, hereinafter referred to as Trust A(the Marital Trust), and Trust B (the Family Trust). B. Trust A, the Marital Trust, sha11 consist of all of my assets other than those : allocated to Trust B, the Family Trust. C. Trust B, the Family Trust, sha11 consist of assets equal in value to the m�imum amount, if any, that are necessary to permit my estate to use in full any federal estate t� unified credit which has not been claimed for distribution during my lifetime after considering any adjusted taxable gifts and bequests by Will which do not qualify for the marital deduction and a11 charges to principal of the estate which are not deducted in computation of the federal estate tax of my estate; provided , however, that the allocation of the Family Trust sha11 be satisfied with assets as of the date of allocation or distribution; and provided further that any assets which do not qualify for the federal estate marital deduction sha11 be used first to satisfy the allocation to 2 this Family Trust. D. From the Marital Trust, the Trustee sha11 pay all of the net income to my spouse, R WILLIAM McCOY, in monthly payments. My spouse also has the right to receive from the Trustee a11 or a portion of the principal from the Marital Trust and to change the beneficiaries of this Marital Trust in my spouse's discretion. At the death of my spouse, the Trustee sha11 distribute the rema.ining principal and accumulated income of the Marital Trust to my children, JOAN McCOY POSEY, MARJOItIE McCOY GROUP and WILLIAM CHARLES McCOY, in equal shares, per stirpes, which provides that the child or children of any deceased child taking the share their paxent would have taken if living. If one of my children dies without living issue, the shaxe of said deceased child shall be distributed to the other children living at that time. E. From the Family Trust, the Trustee sha11 pay a11 of the net income to my spouse, R WILLIAM McCOY, in monthly payments. The Trustee may distribute to my spouse such amounts from the principal of the Family Trust as provided hereunder, up to the whole thereof, as the Trustee, in his or her discretion, sha11 deem necessary or advisable to provide for the care, ma.intenance and support of my spouse, so as to support my spouse in my spouse's accustomed manner of living, provided, however, the Trustee shall consider any other sources of income available to my spouse when making payment hereunder. The Trustee sha11, when requested by my spouse, pay five(5%) percent of the principal or$5,000.00, whichever amount is 3 greater, annually to my spouse during my spouse's lifetime, but in no way sha11 the Trustee distribute more of the principal of this Family Trust to my spouse than in the above amounts. This limited right to make withdrawals from the prineipal of the trust estate is noncumulative, so that an amount which might have been withdrawn during a particular year may not be withdrawn in any subsequent year. Upon the death of my spouse, the remaining accumulated income and principal of the Family Trust sha11 be distributed to my children, JOAN McCOY POSEY, MARJORIE McCOY GROUP and WILLIAM CHARLES McCOY, in equal shares, per stirpes, which provides that the child or children of any deceased child taking the share their parent would have taken if living. If one of my children dies without living issue, the share of said deceased child shall be distributed to the other children living at that time. F. In the event that my spouse predeceases me, dies simultaneously or I choose for whatever reason during my lifetime to withdraw a11 of the assets from the Marital Trust set forth in my spouse's Last Will and Testament or if I have accumulated any other assets which are not being held in trust hereunder or under any written trust document executed by me during my lifetime, then in that event, I hereby give, devise and bequeath all the rest, rema,inder and residue of my� estate�under this Paragraph Three to be distributed to my children, JOAN McCOY POSEY, MARJO1tIE McCOY GROUP and WILLIAM CHARLES McCOY, in equal shares, per stirpes, which provides that the child or children of any deceased child taking the share their parent would have taken if living. If one of my children dies without living issue, the share 4 of sa.id deceased child shall be distributed to the other children living at that time. FOUR. The Trustee, as well as my Executor or Executrix, sha11 have the following powers, in addition to those vested in it by la�w, for my property held for the benefit of my beneficiaries, whether income or principal, exercisable without court approval and effective until the distribution of a11 property under the terms of the trusts set forth in Paragraph Three or Paragraph Four above: The Trustee, at its discretion, may compromise claims, borrow money or retain property for such length of time as it may deem proper, sell lease, pledge, mortgage, transfer, exchange, convert or otherwise dispose of or grant option of all or any portion of trust property for such prices and on such terms in public or private transactions as it may deem proper; and invest trust property and income without restrictions to legal investments. The deternunation of the Trustee with respect to the advisability of making payments out of the income or principal to any heir or beneficiary inheriting hereunder sha11 be conclusive and binding on a11 persons howsoever interested in the respective trust. Further, the Trustee sha11 be authorized to receive additions to the respective trust of any kind or any property whatsoever from sources other than my estate and at any time in the sole discretion of the Trustee. FIVE. I hereby nominate and appoint my spouse, R WILLIAM McCOY, to be the 5 Executor of this my Last Will and Testament. If my spouse has predeceased me, failed to qualify, renounced or ceased to serve as Executor for whatever reason, I then appoint my children, JOAN McCOY PUSEY, MARJORIE McCOY GROUP and WILLIAM CHARLES McCOY, to serve as the Co-Executors in his place, said substitute personal representatives having the same powers as are given to the original Executor hereof. SIX. I hereby nominate and appoint ORRSTOWN BANK, to serve as Trustee of any trust(s) created herein. SEVEN. No Executrix, Executor, or Trustee acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. EIGHT. No person or persons sha11 benefit hereunder unless such beneficiary shall survive me for a period of at least thirty(3 0) days. NINE. In the event of a common disaster causing the death of myself, my spouse and a11 of my children and grandchildren, without surviving issue, a11 within a period of thirty (30) days, and no other disposition of the residue of my estate is directed by this Will, then in that event only, I give, devise and bequeath the rest, residue and remainder of my estate, real and personal, : to be divided equally, per stirpes, between the rema.ining heirs of my family, the respective identities of those heirs to be determined in accordance with the intestate law in effect in the 6 Commonwealth of Pennsylvania at the time of my death and the rema.ining heirs of my spouse's family, the respective identities of those heirs to be determined in accordance with the intestate law in effect in the Commonwealth of Pennsylvania at the time of my death. TEN. No beneficiary may assign or anticipate his or her interest in any income or principal held or distributable hereunder; and no beneficiary's creditors may attach or otherwise reach any such interest. ELEVEN. If any person or institution entitled to share in any distribution under the terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest the , probate of this Last Will and Testament, such person or institution shall forfeit his, her or its entire interest inherited hereunder and a11 provisions in favor of such person or institution shall be declared void and of no effect. The shaxe of such person or institution so forfeited sha11 be distributed as part of the residue pursuant to Paragraph Three G. hereof except that if such person or institution is entitled to share in the said residue, that interest sha11 be distributed proportionately to the other residuary distributees. T'WELVE. The validity and administration of any trust established hereunder and any question or disputes relating to the construction or interpretation of any said trusts shall be 7 governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. ��(.� IN WITNESS W�IEREOF, I have hereunto set m hand and seal this��" da of Y Y � 995. � SEAL) F E. McCUY Signed, sealed, published and declared by the above-named person as and for a Last Will and Testament, in our presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set our names as subscribing witnesses. i�� 8 ACKNQWL�DGMENT AND AFFIDA V�T WE, FAY E. McCOY, CHERYL L. CLELAND and TERESA M. HENRY, the testatrix and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her Last Will and that she had signed willingly, and that she executed it as her free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the Will as a witness and that to the best of their knowledge the testatrix was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. . � Y E. McCOY HERYL L. CLE , TERESA M. HENRY COMMONWEALTH OF PENNSYLVA1vIA : : SS: COUNTY OF CUMBERLAND : Subscribed, sworn to and acknowledged before me by FAY E. McCUY, the testatrix herein and subscribed and s rn to efore me by CHE L L. CLE D and TERESA M. HENRY,witnesses,this �a of 1995. . �� y � � � t]��. ne ra au—gT�;I�o�ary Publi Carliste ro,Cumberland County My Commission Expires Aug.14,1999 I�rr�ber,pennsylvarwaAssodation�of IVot�ries