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Home My WebLink About08-21-13 ' F:�FILES\ClientsV 5312 Marcelais Estate\I5312.1.petition.wpd : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA IN RE: . � . - �-� Estate of Joan A. Marcelais, : NO. 21-13- �� ' - C '� Deceased : �; �� - .� ,' �� : ORPHANS' COURT DIV ��1';�._, r'�:A °. ; �..�_ . • �n _ ,y c:., :.:' < , .; ., ,. . _ ,, �._:i ...'-� �� _._..3 _ PETITION TO ADMIT A COPY OF THE , ,: �.:= � ` F--� ORIGINAL WILL TO PROBATE ° " � ` � � _ ; �_, �;.:, C-.. E_- .:;;i . ,-' Petitioner, Hubert X. Gilroy, Esquire, respectfully represents the following: 1. Petitioner is an attorney admitted to practice in the Commonwealth of Pennsylvania with a business address of 10 East High Street, Carlisle, Cumberland County, Pennsylvania. 2. Petitioner was the attorney for Joan A. Marcelais and Robert J. Marcelais, having prepared Wills for Mr. and Mrs. Marcelais in 1989. 3. Robert J. Marcelais died on July 23, 1993, survived by his wife, Joan A. Marcelais. 4. Joan A. Marcelais died on July 22, 2013. 5. A copy of a Will for Joan A. Marcelais is attached hereto and marked Exhibit "A" and, as per Item Three in said Will, the undersigned was appointed as alternate executor and is prepared to serve since Robert J. Marcelais predeceased his wife. 6. The original Will for Joan A. Marcelais was kept at the former offices of the undersigned at 4 North Hanover Street, Carlisle, Pennsylvania, from 1989 when Mrs. Marcelais signed the Will. The undersigned relocated from the Broujos firm at 4 North Hanover Street, Carlisle, Pennsylvania, to his current firm approximately seven (7)years ago. 7. After a diligent search, the original Will cannot be found. 8. The sole beneficiary of Joan A.Marcelais is her daughter,Lynda A.Davis f/k/a Lynda A.Marcelais. Lynda A.Davis believes that the attached Will is an accurate copy of the original Will executed by her mother and believes that her mother did not execute any other Wills. Additionally, Lynda A. Davis is the only surviving child of the decedent,Joan A. Marcelais, and,as such,would be the sole intestate beneficiary of her mother's Estate in the event an intestacy was declared in this situation. 9. As per the attached statement, Lynda A. Davis f/k/a Lynda A. Marcelais waives the issuance of any citation and requests the Court to accept the attached copy of a Will for probate. WHEREFORE, Petitioner respectfully requests that this Court issue an Order allowing the probate of a copy of the Will of Joan A. Marcelais into probate. MARTSON LAW OFFICES By Hubert X. Gilroy, Es ire I.D. No. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Petitioner and Attorneys for Estate of Joan A. Marcelais Date: �; 1 <�� .�C, > W I L L I, JOAN A. MARCELAIS, of 41 East Oakwood Drive, Carlisle, Pennsylvania declare this to be my last will and revoke any will previously made by me. ITEM ONE: I direct that all my debts and funeral expenses, includinq my gravemarker shall be paid from my residuary estate as soon as practicable after my decease as a part of the expense of the administration of my estate. ITEM TWO: I give, devise and bequeath my entire estate to my husband, ROBERT J. MARCELAIS if he survives me by 60 days. In the event that my husband predeceases me or is not then livinq on the 61st day after my death, then I give, devise and bequeath my entire estate to my daughter, LYNDA A. MARCELAIS. ITEM THREE: I appoint my husband, ROBERT J. MARCELAIS Executor of this my last will. Should he fail to qualify or cease to act as Executor, I appoint my attorney, HUBERT X. GILROY to act as Executor with the same, rights, powers and duties. ITEM FOUR: All estate, inheritance, succession and other taxes, imposed or payable by reason of my death, and interest and penalties thereon, with respect to all property comprising my gross estate for tax purposes, whether or not such property passes under this will, shall be paid out of the principal of my residuary estate, without apportionment or right of reimbursement. ITEM FIVE: I direct that my personal representative or guardian shall not be required to give bond for the faithful performance of their duties in any jurisdiction. ITEM SIX: In addition to the rights and powers given to the fiduciaries by law or elsewhere in this will, I give to my Executor durinq the full time necessary and for the administration of my estate the following rights and powers to be exercised in his sole discretion. A. To retain any real or personal property which may at any time form a part of my estate so long as he or she deems it advisable. B. To invest in any real or personal property without restrictions as to legal inves ents. 0 Exhibit "A" ,- . C. To repair, alter, improve or lease far any periad af time any real or personal praperty and to give options for leases. D. To sell at pub2ia or grivate sale, for cash or credit, with or without security, ta exchange ar to partition real or gersonal property, and ta qive options for leases. E. To make distributian in kind. F, To compromise claims. r� IN WITNESS WH8RE0�, I have hereunto set my hand this � day of /,l�ot� 1989. a S 2 GNE ,�,_ J AN A. MARCE .> The preceding instrument, consist g of this and two other typewritten pages each identifiec3 by the signature of the fiestatrix was an the day and date thereof siqned, published and declared �y the Testatrix therein named as and for her last will, in the presence of us, who at her request, in her presence and in the presence of each other have subscribed our names. �' / �� COMMQNWEALTH OF PENNSYLVANIA . . SS COUNTY OF Ci7MBERLAND . we �„�rti►r x Gr'!Rs �/ ana C�+�i t��:,. �, t�u.a �.� witnesses whose names lare signed ta the ttachect or faregaing instrument being duly qualified aacording to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her iast wil2; that she signed willing2y and executed it as her free and voluntary act far the purposes therein exgressad; that each of us in the hearinq and sight of the Testatrix signed the will as witnesses; and that to the best of our knowledge, the Testatrix was at the time 18 or more years af age, of sound mind and under no constraint or undue influence. �.Le_'-�s�� Sworn and suhsaribed to befare me this �'�h day of ��t�(rs.....� r 19$9. �--'ii �t,c.�.� t.�.�o-✓W �� 7',. Natary Public NoTns+ai �,"'� '� CONSUELp M.ROSi?n, ^1,r>,,,P�:F�,Ip Boro oE Car!'rsle.Eu;:a�,�c°na-,7:;-.,.,')= R�. My{��,ny;s5fnn Exp,res�ct�ber 5 1991 � " """",----�----.-__..«._.�, COMMONWEALTH OF PENNSYLVANIA . . SS COUNTY OF CUMBERLAND . I, JOAN A. MARCELAIS, whose name is signed to the attached instrument, having been duly qualified according to law, do hereby acknowledqe 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. a J AN A. MARCE A Sworn and affirmed to and cknowledged before me this 7�7 day of �c„w,,,,,,(„�� , 1989. �urti.a.ad.a.�ti t�.�_••� Notary Public NOTARIAL SEAL CONSUftO M.ROSITO,Notary Puhlic BorO of Carlisle,Cumbarland C.unty,Pa. My Commission Expires Oc^ober 5,1992 __ �. _ _ -,_ .. � . . . �. w � �.. . _ � _�_ . . , . : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA IN RE: : Estate of Joan A. Marcelais, : NO. 21-13- Deceased : : ORPHANS' COURT DIVISION STATEMENT OF BENEFICIARY I, LYNDA A. DAVIS f/k/a LYNDA A. MARCELAIS, being the daughter of Robert J. Marcelais and Joan A.Marcelais,and being the sole beneficiary under the Will of Joan A.Marcelais, agrees with the terms of the attached Petition filed by Hubert X. Gilroy,Esquire,and asks the Court to allow a copy of my mother's Will dated November 7, 1989, to be admitted to probate. .� ,.- Date: ��z� <��j =°� � ; ; �, �._ Lyn A. Da � a Lynda . Marcelais t' ;% _....--, . ,. � ;;� f�1 ,,� �` :��,;�:� , � :� ��