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HomeMy WebLinkAbout09-13-13 BEFORE THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE ROBERT ERVIN MCCREARY, A.K.A. ROBERT E. MCCREARY, DOCKET NO. 21-13-0953 DECEASED DECREE OF THE REGISTER OF WILLS AND NOW, this 13th day of September,2013, upon consideration of the Petition for Grant of Letters filed by Brett P. McCreary and Kelly M. Losh, by and through her attorney, Keith O. Brenneman, Esquire, and the instrument offered for probate as the Last Will and Testament of Robert Ervin McCreary, dated June 23, 1973, and containing certain modifications thereon, the Register of Wills having given consideration thereto, has made an official determination regarding the document and renders the following decision: IT IS DECREED the document, with only the provisions set forth in the Copy Fair, filed on September 11, 2013 (attached), is admitted to probate. IT IS FURTHER DECREED that Letters Testamentary are hereby issued to Brett P. McCreary and Kelly M. Losh, who shall have all the rights and duties of fiduciaries under the laws of Pennsylvania and shall proceed with the administration of this Estate according to law. Glenda Farner Strasbaugh, Register of W' s J� to a r"n 'r- r — ; 's ryl W a C7 C: P' 0 :2 rn - en LAST WILL AND TESTAMENT BE IT REMEMBERED THAT 1, ROBERT ERVIN McCREARY, of Lower Allen Township,',0Zunty of"Cumberland, and State of Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking and making void any and all Wills and Codicils, or writings in the nature thereof, at any time heretofore made by me. FIRST: I direct that my debts and funeral expenses be paid by my Executor out of the principal of my residuary estate, as part of the expenses of administration thereof, as soon after my death as is practicable. SECOND: I direct that all estate, succession, legacy, inheritance or other transfer taxes, however, designated,that shall become payable by reason of my death in respect of all property comprising my gross estate for death tax purposes, whether or not such property passes tinder this Will shall be paid by my Executor out of my residuary estate as part of the expenses of administration thereof. THIRD: I give and bequeath all my tangible personal property, including any motor vehicles which I may own at the time of my death, to my wife, PATRICIA LEE, if she survives me;but if she fails to survive me, then to my son, BRETT PAUL, and my daughter, KELLY SUE, and the children of my deceased daughter, PAMELA ANN, to be divided between them as they may agree, and if they are not able to agree,then as my Executor in his discretion shall determine. FOURTH: I give, devise and bequeath all real property used by me at my principal place of residence, which I may own at the time of my death,together with the improvements thereon and the appurtenances thereto, and all my right,title and interest in and to any policies of insurance relating to such property, to my wife, PATRICIA LEE McCREARY, if she survives me. FIFTH: All the rest, residue and remainder of my estate,real and personal, wherever situated, including any property over which I may have power of appointment or in which I may have any interest at the time of my death, I give, devise and bequeath as follows: A. To my wife, PATRICIA LEE McCREARY, if she survives me, or B. If my wife fails to survive me, then to my sort, BRETT PAUL, my daughter KELLY SUE, and the children of PAMELA ANN,being JENNIFER MARIE BOOK, SHANNON LEE BOOK and ANDY ROBERT BOOK,with BRETT PAUL receiving one-third, KELLY SUE receiving one-third and the children of PAMELA ANN receiving one-third; or PAUL receiving one-third, KELLY SUE receiving one-third and the children of PAMELA ANN receiving one-third; or C. If my wife and all of my children, natural and adopted, fail to survive me, then I give everything to my grandchildren. SIXTH: Any residue and remainder of my estate existing after the provisions of this Last Will are satisfied, including any property which is not distributed Linder this Last Will by reason of the failure of the designated legatee to survive me,I give, devise and bequeath to my descendents per stirpes, their heirs and assigns forever. SEVENTH: If any part of my estate shall vest in a person under eighteen(18) years of age, the Executor or Trustee may,with absolute discretion, deliver such part, or any portion thereof, without bond, to the parent or guardian of such person to be held for such person until he or she reaches eighteen(18)years of age. The receipt by such parent or guardian shall be a complete discharge and acquittance of the Executor or Trustee and shall be final and binding on all persons in interest EIGHTH: If my wife shall die simultaneously with me or under such circumstances as to render it impossible to determine who predeceased the other, I direct that I shalt be deemed to have predeceased my wife and that the provisions of my Will shall be construed upon that assumption notwithstanding the provisions of any law establishing a contrary presumption. NINTH: If any legatee or devisee other than my wife shall fail to survive me by thirty(30) days, I direct that I shall be deemed to have survived such legatee or devisee and that this Last Will and all of its provisions shall be construed upon that assumption notwithstanding the provisions of any law establishing a contrary presumption. TENTH: There is no need for a guardian of the person and property of any of my children since all such children are over eighteen (18) years of age. ELEVENTH: I nominate and appoint my wife, PATRICIA LEE McCREARY, to be the Executrix of this my Last Will and Testament. In the event my wife is unable or ceases to act for any reason whatsoever, I nominate and appoint my two children, BRETT PAUL and KELLY SUE,to be equal in being Executor and Executrix of this Will. TWELFTH: I direct that no Executor, Trustee or Guardian nominated and appointed by the provisions of this Last Will and Testament shall be required to give any bond or post any security, and that if, notwithstanding this direction, any bond or security is required by any law or -2- order of court, no sureties be required thereon. IN WITNESS WHEREOF, I have subscribed my name and affixed my seal this Vj' day of December, 2002. /S/ Robert Earnest McCrea (SEAL) _3_ ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: ROBERT ERVIN MCCREARY CUMBERLAND COUNTY PENNSYLVANIA NO. 13-0953 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 09/13/13 JUDGE'S INITIALS: GF TIME STAMP DATE: 09/13/13 IN RE: DECREE OF THE REGISTER OF WILLS SERVICE TO: KEITH BRENNEMAN-CALLED 09/16/2013 -KEEP IN OUR OFFICE HE WILL PICK UP WITH LETTERS METHOD OF MAILING: ENVELOPES PROVIDED BY: ®USPS ❑ PETITIONER CI RRR ❑JUDGE ❑HAND DELIVERED ❑CLERK OF ORPHANS COURT ❑OTHER_, MAILED:09/16/2013 , ,, , SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: m USPS ❑ PETITIONER ❑ RRR ❑JUDGE ❑ HAND DELIVERED ❑CLERK OF ORPHANS COURT ❑OTHER MAILED: l DeP ty Clerk of Orphans Court