HomeMy WebLinkAbout01-27-05
PETITION FOR PROBATE & GRANT OF LETTERS
, deceased.
No. 21-05-8b'
To: Register of Wills for the
County of Cumberland
Commonwealth of Pennsylvania
Estate of DOUGLAS A. HEISEY
also known as
Social Security No.
165-46-8586
The Petition of the undersigned respectfully represents that:
Your Petitioners, who are 18 years of age or older and the Co-Executors named in the Last Will of the
above decedent dated May 11. 1983 , and codicils dated none . The Executrix
named Louella M. Heisey was divorced from Doualas A. Heisey on November 21.2000 . Renunciations
for none attached hereto.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal
residence at 120 Bover Road. Monroe Township. Carlisle. Pennsvlvania
Decedent, then ~ years of age, died
January 16
, 2005, at
his residence
Except as follows, decedent did not marry and did not have a child born or adopted after execution of
the Will offered lor probate; was not the yictim of a killing and was never adjudicated incompetent:
NJA
Decedent at death owned property with estimated values as follows:
(If domiciled in PAl All personal property
(If not domiciled in PAl Personal property in PA
(If not domiciled in P A) Personal property in County
Value of real estate in Pennsylvania, situated as follows:
120 Bover Road. Carlisle
Cumberland County. PA
$25.000.00
$
$
$165.000.00
WHEREFORE, Petitioners respectfully requests the probate of the Last Will and Codicil(s) presented
herewith and the grant of letters testamentary thereon.
Sign U (5) and Residence(s) of Petitioner(s):
- ~ ~
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA
55
COUNTY OF CUMBERLAND
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 of
the above decedent, petitioner(s) will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed f. 7jJJ4~ f .s.:. 71 ~
before me this 27'" day of Michael S. Heisey
January, 2005. 'J
~~ll~~"n b()H,\~
~ RegIster
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No. 21-05- 8s-
Estate of
DOUGLAS A. HEISEY, deceased.
DECREE OF PROBATE & GRANT OF LETTERS
AND NOW, Januarv 27 , 2005, in consideration of the Petition on the reverse
side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated
Mav 11. 1983 described therein be admitted to probate and filed of record as the
Last Will of Doualas A. Heisev ; and Letters T estamentarv are hereby
granted to Michael S. Heisev
FEES (check form from Register of Wills)
Probate, Letters, Etc. . . . . . . . $ 260.00
Short Certificates( -2- ) . . . . $ 8.00
Renunciation(s) ..... . . . . . . $ 0.00
JCP .................... $ 10.00
Automation Fee. . . . . . . . . . ..$ 1'9.QO 5.0<::>
Other - Will. . . .. .. .. . . ....$ 15.00
TOTAL: .... $ 303.00
Filed........................... .
IRWIN & McKNIGHT
Doualas G. Miller. Esauire (83776)
ATTORNEY (Sup. Ct. I.D. No.)
60 West Pomfret SI.. Carlisle. PA 17013
ADDRESS
717-249-2353
PHONE
REGISTER OF WILLS OF CUMBERLAND COUNTY
OATH OF NON-SUBSCRIBING WITNESS
Janel Davis and Kristin R. Heisey, each a subscriber hereto, each being duly qualified
according to law, deposes and says that they are familiar with the signature of Douglas A.
Heisey, Testator of the will presented herewith, and that they believe the signature on the will is
in the handwriting of Douglas A. Heisey to the best of their knowledge and belief.
Sworn to or affirmed and subscribed before
me this 27th day of January, 2005.
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Jan I Davis
203 Pine Wood Way
Oak Harbor, W A 98277
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Kristin R. Heisey
1927 Queenswood Drive, Apt F-206
York, PA 17403
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Thi, i, to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permane~t filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
No.
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II..
LAST WILL AND TESTA}1ENT
I, DOUGLAS A. HEISEY, of the Township of Middlesex, County of
Cumberland, Commonwealth of Pennsylvania, being of sound and dis-
Dosing mind, memory and understanding, do make, publish and declare
this as and for my Last Will and Testament, hereby revoking and
making void all former wills and codicils by me at any time hereto-
fore made.
FIRST.
,')
)
de [)es
,
and funeral
I order and direct that all my just
expenses be paid by my Executor or Executrix, as thecaseimay be,
hereinafter named, as soon as conveniently may be done after my
decease.
SECOND. All the rest, residue and remainder of my Estate,
real, personal and mixed, whatsoever and wheresoever situate, I
give, devise and bequeath unto my wife, LOUELLA M. HEISEY, absolut
ly and in fee simple, if she survives me. For the purposes of thi
my Last Will and Testament, a person shall not be deemed to have
survived me unless he or she shall have survived me by more than
~ ninety (90) days.
--
THIRD. If my wife, LOUELLA M. HEISEY, fails to survive me,
then and in that event, I give, devise and bequeath all the said
residue of my Estate unto such of my children who shall survive me,
~ absolutely and in fee simple, in equal shares.
FOURTH. If my wife, LOUELLA M. HEISEY, and all of my childre
WAYJIfI!: F. SHADE
Attom.,. at Law
. aoath. Hancwer Street
Car lie'., PMl!WJ'lvallia 17013
should fail to survive me, then and in that event, I order and
direct that the said residue of my Estate be divided into two
equal shares and distributed, as follows:
,'\ ;:
~
-
~
C)
WAYD F. SHADE
Attorn.,. at Law
5 IHth HUOYer-atreet
earli..le. Peanlylvall.ia 17013
(a) The first of said shares unto my mother and father,
JAY M. HEISEY and FAYE M. HEISEY, as tenants by the
entireties; and
(b) The second of said shares unto my father-in?law and
my mother-in-law, MELVIN N. l{EAVER and VIRGINIA H.
WEAVER, as tenants by the entireties.
FIFTH. If one of the two shares designated in Item Fourth
above should lapse for want of a beneficiary, then and in that
event, I order and direct that the said laosed share be added to
the other share under said Item Fourth for ultimate distribution
unto the surviving legatee or legatees under said Item Fourth.
SIXTH. If my wife, LOUELLA M. HEISEY, should fail to survive
me, or at or after my death, be subject to any legal disability
whatsoever, then and in that event, I nominate, constitute and
appoint FARMERS TRUST COMPANY, of Carlisle, Pennsylvania, to serve
without bond as the Guardian of any property which shall pass, eit r
under this my Last Will and Testament or otherwise to a minor or to a
person who is then subject to any other legal disability whatsoeve
and with respect to whom I am authorized to appoint a Guardian and
have not otherwise specifically done so; provided that this appoin
ment of Guardian shall not supersede the right of any fiduciary in
its discretion to distribute such share to the said minor or perso
subject to other legal disability or to another for the benefit of
the said minor or person subject to other legal disability. The
said Guardian is hereby vested with the power to sell, assign,
transfer, pledge, mortgage, lease, manage, control, retain, invest
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and reinvest the corpus of said guardianship in such securities
and other property as shall be deemed prudent without being
restricted to investments known as legal investments for fiduciarie
under the laws of the Commonwealth of Pennsylvania. The Guardian
shall have the power to manipulate the proceeds of the guardianship
in any manner that will guarantee maximum conservation of the
guardianship funds and the greatest production of income for the
beneficiaries.
I hereby authorize the said Guardian to expend any
monies from principal or interest for the beneficiaries that in th
sole discretion of the Guardian is deemed necessary for their care,
health, education, maintenance and general welfare; the word
"education" shall be construed to mean a pre-college course, high
school education, college education and post-graduate education.
~ It is my intention that the foregoing powers may be exercised by
the said Guardian without prior Court approval and without further
responsibility to the beneficiaries, their parents or to any other
person or persons taking care of the minor beneficiaries. The age
~ of majority for all purposes concerning this my Last Will and
Testament shall be deemed to be the age of twenty-five (25) years.
SEVENTH. Should my wife, LOUELLA M. HEISEY, fail to survive
me or at or after my death, be or become subject to any legal
disability whatsoever, then and in that event, I nominate, constit e
and appoint my brother-in-law, ELVIN M. WEAVER and his wife,
LOIS ~~AVER, as the Co-Guardians of the persons of such of my
children who, being minors or subject to any other legal disabilit
WAYlfB F. SHADE
whatsoever at the time of my decease, shall survive me.
If, for
Attome,. at lAw
. &o.th Bu.OV'er oStreet
Carli"., PealIlwlvuia 11013
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. .
any reason, it should become impractical for both of said
Co-Guardians to act as such, then and in that event, I nominate,
constitute and appoint my brother-in-law, ELVIN M. ~~AVER, to act
alone as such Guardian. If, for any reason, either of the said
Co-Guardians should fail to qualify as such or cease so to serve,
then and in that event, I nominate, constitute and appoint the
other to act alone as such Guardian. If, for any reason, both of
said Co-Guardians should fail to qualify as such or cease so to
serve, then and in that event, I nominate, constitute and appoint
my sister-in-law, LORRAINE V. LEININGER, as such Guardian.
EIGHTH. In the event that I should, by reason of physical or
mental disability, become unable to take ~art in decisions for my
own future, I order and direct that, where there is no reasonable
\\
expectation of my recovery from physical disability, I be permitte
to die and that I not be kept alive by artificial means. It is my
express desire that I not be permitted to suffer the indignities
of deterioration, dependence and hopeless pain and that therefore,
~ medication be mercifully administered to me only to alleviate my
suffering, even though this ~ay hasten the moment of death.
LASTLY. I nominate, constitute and appoint ~y wife, LOUELLA
M. HEISEY, to be the Executrix of this my Last Will and Testament,
but if, for any reason, she should fail to qualify as such Executr.x
or cease so to serve, then and in that event, I nominate, constitu e
and appoint my brother, MICliAEL S. HEISEY, to be the Executor here f,
each to serve without bond.
WAYO F. SHADE
Attor:a.,. at Law
S loath &"09'01' Street
Carll.le. Pen'ylv..i. 11013
IN WITNESS WHEREOF, I, DOUGLAS A. HEISEY, have hereunto set m
- 4 -
. . . ..
WAYI'fI!: F. SH.o\DE
AttlM'Dey at Law
S-8ov.th Huo..r Street
Carli.le, PHIl.:rlnnla 17013
. .
hand and seal to this, my Last Will and Testament which consists of
five (5) typewritten pages to each of which I have affixed my
signature this (t~ day of ~ ' A.D., One Thousa
Nine Hundred Eighty-three (1983). 0
V~t/~~'
Douglas A. Heisey
(SEAL)
The preceding instrument, consisting of this and four (4)
other typewritten pages, each identified by the signature of the
Testator, was on the date thereof signed, sealed, published and
declared by DOUGLAS A. HEISEY, the Testator therein named, as for
his Last Will and Testament, in the presence of us, who, at his
request, in his presence, and in the presence of each other, have
subscribed our names as witnesses hereto.
~~ ~SI~
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