HomeMy WebLinkAbout01-20-05
Estate of
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
No. ~ I - OS- - 6OS-f(
Mary
Mary
Kelly
Walsh Kelly
also known as
, Deceased
Social Security No. 204 -40 -1097
Robert B. Kelly and William J. Kelly
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW,)
[Jg A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the execut ors named in the last Wilt of
the Decedent, dated 12/18/1996 and codicil(s) dated None
State relevant circumstances, e.g., renunciation, death of executor, etc.
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents
offered for probate; was not the victim of a killing and was never adjudicated incompetent:
o B. Grant of Letters of Administration
(c.t.a.; d.b.n.c.t.a; pendente lite; durante absentia; durante minoritate)
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:
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COMPLETE IN ALL CASES,) Attach additional sheets if necessa C)C-- - ":";c5
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County, Pennsylvania with his/he:Il rcrnt family
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Decedent was domiciled at death in
Cumberland
or principal residence at 325 Wesley Drive, Lower Allen Township
(list street, number, and municipality)
Decedent, then ~years of age, died 12/31/2004 at Bethany Village, Mechanicsburg, PA
(Location)
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Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property
(If not domiciled in PAl Personal property in Pennsylvania
(If not domiciled in PAl Personal property in County
Value of real estate in Pennsylvania
$
$
$
$
500,000.00
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil{s) presented with this Petition and the grant of
letters in the a ro riate form to the undersi ned:
T ed or rinted name and residence
Robert B. Kelly
1532 McCormick Drive, Mechanicsbur . PA 17055
William J. Kelly, 5225 Wilson Lane
A artment 3108, Mechanicsbur ,PA 17055
Prepared by the Pennsylvania Bar Association
Copyright (c) 1996 form software only CPSystems, Inc.
Form RW-1 (1991)
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumber land
The Petitioner(s) above-named swear(s) or affirm(s) that 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, Petitioner(s) will well and truly administer the estate acc9rding 0 law.
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Sworn to or affirmed and subscribed
B Ic'd
Robert B. Kelly
before me this~day of ~ ~
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.J/UJA<.dA raAA\.JAJ )it~/UL
FortheRegiSler~ ~
No.
Estate of Mary Kelly
Deceased
Social Security No, 204-40-1097
Date of Death, 12/31/2004
AND NOW,
, in consideration
of the Petition on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters []] Testamentary 0 Of Administration
(c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
12/18/1996
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are hereby granted to
Robert B. Kelly and William J. Kelly
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in the above estate and that the instrument(s) dated
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described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
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FEES
Lettl:;!rs. $
Short Certificate(s). $
Renunciation. $
Afficlavits ( $
Extra Pages ( ) $
Codicil. $
JCP Fee. $
Inventory. $
OthElr $
TOTAL. $
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Register of Wills
Attorney:
Gary L. James, Esquire
I.D. No,
27752
James Smith Dietterick Connelly
134 Sipe Avenue
Address:
Humme1stown, PA 17036
Telephone, 717/533 - 3280
Prepared by the Pennsylvania Bar Association Copyright (cl 1996 form software only CPSystems, Inc.
Form RW-1 (1991)
Register of Wills of
Cumberland
County, Pennsylvania
Estate of
Mary Kelly
OATH OF SUBSCRIBING WITNESS
No ;) / - () S - CXJS'T
also known as Mary Walsh Kelly
, Deceased
Michael R. Bradley, Esquire
(each) a subscribing witness to the [K] codicil(s) [!] will(s) presented herewith, (each) being duly qualified according to law
depose(s) and say(s) that shel he! they was/ were present and saw the above Testator(rix) sign the same and that she/he/they signed as
a witness at the request of Testator(rlx) in his/her/their presence and lKJ in the presence of each other ~ in the presence of the
other subscribing witness(es).
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2nd & Plum
Media, PA
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(Signature)
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Sworn to or affirmed and subscribed
before me this
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COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
KRISTIN A. FERRIE, Notary Public
Media Boro, Delaware County
My Commission Expires Nov. 15, 2008
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(Signature and seal of Notary ar other offici..1
qualified to administer oaths. Show date of
expiration of Notary's commission.)
NOTE: To be taken by officer authorized to administer oaths.
Please have present the original or copy of instrument(s)
at time of notarization.
Prepared by the Pennsylvania ear Assocl<illon
Copyright (e) 1996 form software only CPS:t'stElms, Inc.
Form tlRW-2 (1991)
Register of Wills of
Cumberland
County, Pennsylvania
Estate of
Mary Kelly
OATH OF SUBSCRIBING WITNESS
No. ;(1- OS - 6~~
also known as Mary Walsh Kelly
, Deceased
Mary Doran
(each) a subscribing witness to the [K] codicil(s) [!} wiIl(s) presented herewith, (each) being duly qualified according to law
depose(s) and 5aY(5) that she! he/ they wasl were present and saw the above Testator(rix) sign the same and that she/he/they signed as
a witness at the request of Testator(rix) in his/her/their presence and [!] in the presence of each other D[] in the presence of the
other subscribing witness(es).
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(Signature)
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Sworn to or affirmed and subscribed
belore me thiS--.-J 0**1 day
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Notary Public
My Commission Expires:
(Signature and seal of Notary or other official
qualified to administer oaths. Show date of
expiration of Notary's commission.)
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NOTE: To be taken by officer authorized to administer oaths.
Please have present the original or copy of instrument(s)
at time of notarization.
Prep,lred by the Pennsylvania Bar Association
Copyright (c) 1996 form software only CPSystems, Inc.
Form NRW-2 (1991)
Thj.., IS to certify that the infonnation here gi\.'cn is correctly copied (rom an original certificate of death duly filed with me as
Lucal Regi':-ltrar. The original ccrtif1cate will he forwarded to the State Vital Records Office for perrnanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
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Fee for this certificate. $2.00
P 11134238
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NAME /lNO "'ODRE$$OFJFI$9~ WH,?COMPLIiTEOCAUSE OFOEATH
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o. I my kno..t.cf'i.,dull\occ~.nt<l.atu..tl<\'4.<I".. _~t.. oTl1l1l\,e,,,'h. e.".',lt).'ld m."'''''.' .1..HI
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LAST WILL AND TESTAMENT
OF
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MARY KELLY
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I. MARY KELLY. being of sound and disposing mind. memory and understanding. do
hereby make, publish and declare this as and for my LAST WILL and TESTAMENT,
hereby revoking and making null and void all Wills and Testaments by me at any time
heretofore made.
FIRST:
I direct the payment of my just debts and funeral expenses.
give. devise, and bequeath the sum of Four Thousand Dollars
SECOND:
($4000.00) to each of my grandchildren. with the exception of my grandson Patrick
Doran.
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THIRD:
All of the rest, residue, and remainder of my estate, real,
personal or mixed, of whatsoever kind and wheresoever situate, I give, devise and
bequeath in the following manner:
A. One-fourth (1/4) to my beloved son William J. Kelly. In the event that
William J. Kelly should predecease me, then I direct his share to go to his
wife, Roseanne Kelly.
B. One-fourth (1/4) to my beloved daughter Barbara Kelly. In the event that
Barbara Kelly should predecease me, then I direct that her share shall
lapse and thereby become part of my residuary estate.
C. One-fourth (1/4) to my beloved daughter Mary Kelly Doran, per stirpes.
D. One-fourth (1/4) to my beloved son Robert B. Kelly, per stirpes.
FOURTH: I nominate, constitute and appoint my two sons, WILLIAM J.
KELLY and ROBERT B. KELLY, to serve as the Co-Executors and Co-Trustees of this
my LAST WILL and TESTAMENT, and I direct that they be not required to enter
security for their performance of the duties of that office in any jurisdiction in which
they may act.
FIFTH: I hereby expressly authorize and empower the Co-Executors and Co-
Trustees of my estate, in addition to the powers conferred by law and at their
discretion:
2
(a) To retain or convert any property or securities of which I may die
possessed. In the exercise of such power, my Co-Executors and Co-Trustees shall
use the degree of judgment and care which a prudent person would use if he was the
owner of such assets.
(bl To invest principal and accumulated income in any property which they
may deem suitable, without restriction to legal investments, including any common
trust fund operated by a corporate fiduciary hereunder and to keep cash uninvested in
his discretion.
(c) To subscribe for stock and bond privileges and join in any merger or
reorganization involving corporation, the securities of which I may die possessed, or
which may subsequently be acquired or held by my Co-Executors.
(d) To register investments in their name or the name of a nominee or to hold
investments unregistered.
(el To sell or lease any property, for such prices, on such terms, either at
private or public sale or sales, as they may deem proper, and to grant options for the
purchase or lease of such property.
(fl To borrow money, mortgage real estate, pledge personal property as
collateral for loans, and to compromise any claims, whether in favor of or against my
estate, as they may deem proper.
3
(g) To apply income for the maintenance, education and support of any
beneficiary entitled thereto who may be incapable of disbursing the same.
(h) To expend for the comfort, education or support of any beneficiary such
sums out of the share of principal from which he may be receiving the income as my
Co-Executors or Co-Trustees may consider proper.
(i) To allocate any property received or charge incurred, to principal or income,
or part to each, without regard to the usual rules of trust accounting,
unless otherwise directed by me.
SIXTH: My Co-Trustees shall hold each share of principal in trust which shall
vest in a beneficiary under the age of twenty-two (22) years until said beneficiary
reaches the age of twenty-two (22) years. My Co-Trustees may invest the principal
and interest in authorized legal investments; apply income and principal as necessary
for the comfort, education and support of such beneficiary; accumulate and invest as
aforesaid income not needed for such purposes; and pay over and distribute all
remaining principal and accumulated income to such beneficiary at his or her
attainment of the age of twenty-two (22) years or to the estate of such beneficiary at
his or her death prior thereto.
4
SEVENTH: No heir shall be allowed to assign or anticipate any interest in any
income or principal held or payable and no heir's creditors shall be allowed to attach
or otherwise reach any such interest.
IN WITNESS WHEREOF, I, Mary Kelly, the above Testatrix, have
hereunto set my hand and seal to this my LAST WILL and TEST AMENT, which
consists of five (5) pages, this /f day of ./lrA.-L'''' ~ , 1996.
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MARYK~LY ~
SIGNED, SEALED, PUBLISHED and DECLARED, by the above Testatrix as and
for her LAST WILL AND TESTAMENT, in the presence of us, who, at her request and
in her presence and in the presence of each other, have hereunto subscribed our
names as witnesses.
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