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HomeMy WebLinkAbout01-07-14 PETITION FOR PROBATE AND GRANT OF LETTERS Register of Wills of Cumberland County, Pennsylvania Petitioner, named below, who is 18 years of age or older, applies for Letters as specified below, and in support thereof, avers the following and respectfully requests the grant of Letters in the appropriate form:: DECEDENT'S INFORMATION Estate of GEORGE F. MYERS File No. a/k/a GEORGE FRANCIS MYERS Deceased Social Security No. Date of Death: November 15, 2013 Age at Death: 93 Decedent was domiciled at death in CUMBERLAND County, Pennsylvania,with his last family or principal residence at Messiah Village 100 Mt. Allen Road Mechanicsburg, Upper Allen Township, Cumberland County, PA 17055 (List street,address,town/city,county,state,zip code) Decedent died at Messiah Village 100 Mt.Allen Drive Mechanicsburg 17055 Upper Allen Twp, Cumberland County,PA List street,address,Post Office and zip code City,township or Borough County,State Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 30,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ TOTAL $ 30,000.00 Real Estate situated as follows: (attache additional sheets ifnecessary) Street address,Post Office and Zip Code City,Township or Borough County,State QA. Petition for Probate and Grant of Letters Testamentary Petitioner avers it is the Executor named in the Last Will of the Decedent, dated July 10, 2008 State relevant circumstances,e.g.renunciation,death of Executor,etc. Except as follows, After the execution of the instrument offered for probate, Decedent did not marry, ysras not d! and was not a party to a pending divorce proceeding at the time of death wherein grounds foRivorce ha!$;��enZbWblished as defined in 23 Pa.C.S.A. § 3323(g) and did not have a child born or adopted and the Dece�eA vwas n@+ther Q atim of a killing and was never adjudicated an incapacitated person `'v n cr> W a 0 NO EXCEPTIONS ❑ EXCEPTIONS r— M cs ca El B. Petition for Grant of Letters of Administration (if applicable) c� C> -n `J� enter:c.t.a.;d.b.n.c.t.a.;pendent elite;ca�fa1 iw absentiMurartte*nr npritate p If Administration, c.t.a. or db.n.at.a., a Except as follows: Decedent was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce has been established as defined in 23 Pa.C.S.A. § 3323(g) and was neither a victim of a killing and was never adjudicated an incapacitated person ❑ NO EXCEPTIONS ❑ EXCEPTIONS Petitioner, after a proper search, has ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (attached additional sheets, if necessary) Name Relationship Residence OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA Official Use Only COUNTY OF CUMBERLAND Petitioner's Printed Name Petitioner's Printed Address FULTON BANK, N.A.,SUCCESSOR By MERGER WITH FULTON One Penn Square FINANCIAL ADVISORS, N.A. P.O. Box 7989 Lancaster, PA 17604 The Petitioner above-named swears or affirms that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner and that, as personal representative of the Decedent, Petitioner will well and truly administer the estate according to law. Sworn to and affirmed and subscribed FULTON BANK, N.A.,SUCCESSOR By MERGER WITH FULTON FINANCIAL ADVISORS, Before me this day of By Ckf)Uff YLO 2013. For the Reylstel BOND Required 0 YES 10 NO FEES: To The Register of Wills Letters.................. $ 90.00 Please enter my appearance by my signature below: Short Certificate(s) $ 40,00 Attorney Signature: Renunciation..............$ Codicil(s) $ 40±4 Affidavit(s).................. $ Bond $ Commission Printed Name: EERUND G. Nl=&S;r�o rn $ " C:�' - -- Other $ Supreme Court 115 I.D. No: 209g Firm Name: Johnson, D&ia_�_-_ wart iMer, TM YMUX-n Y5 Address: 301 Market P.O. Box $ Lemoyne, PA 7A4 I $ Phone: 717-761-4540 c-> cRl Automation $ Fax: 717-761-3015 r­ M JCP Fee....................... $ 23. TOTAL..,...... $ Email: egm(a)idsw.com -o 40M tv DECREE TO THE REGISTER Estate of GEORGE F. MYERS Deceased. File No. Cue Social Security No: tt Date of Death: November 15, 2013 AND NOW, Li 2013, in consideration of the foregoing Petition, satisfactory proof n having been presente before me, IT- DECREED that Letters Testamentary are hereby granted to FULTON BANK, N.A. SUCCESSOR By MERGER WITH FULTON FINANCIAL ADVISORS, N.A. in the above estate and that the instrument dated July 10, 2008 described in the Petition be admitted to probate and filed of record as the Last Will of the Decedent. 4gister o Wills per pe RECORDED OFFICE OF REGISTER OF V'I'LLS Last Will and Testae lei 7 F11 12 11 CLERK of OF ORPHANS' COURT CUMBERLAND CO... RA GEORGE F. MYERS 1, GEORGE F. MYERS, of Mechanicsburg, Cumberland County, Pennsylvania, 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 void any and all Wills or Codicils at any time heretofore made by me. ARTICLE I DEBTS I direct the payment of all my legal debts and the expenses of my last illness and funeral from my Estate as soon after my death as conveniently may be done. ARTICLE II TANGIBLE PERSONAL PROPERTY I give and bequeath my household furniture and furnishings, books, pictures, jewelry, automobiles, wearing apparel and all other articles of household or personal use or adornment, together with any existing insurance thereon unto my wife, VIRGINIA D. MYERS,provided she survives me. If my wife, VIRGINIA D. MYERS, predeceases me, I give and bequeath such articles of personalty to those persons I have listed in a written memorandum, which I intend to place with this, my Last Will and Testament. If no such memorandum is located or received by my Personal Representative within sixty (60) days after taking office as such, after conducting a reasonable search for such memorandum, the Personal Representative shall be held harmless for distributing such property as hereafter provided. I give and bequeath such tangible personalty not disposed of by such memorandum, or all of such tangible personalty if no such memorandum is located or received, unto those of my children who survive me, to be divided among them as they shall agree. In case of disagreement among my children, my Personal Representative is authorized to make the division, having due regard for the personal_ preferences. of my children, but making such division is as nearly equal shares as the Personal Representative deems practicable. ARTICLE III REST,RESIDUE AND REMAINDER I give, devise and bequeath all the rest, residue and remainder of my Estate, of whatsoever nature and wheresoever situate, unto the Trustee of my Revocable Deed of Trust dated November 15, 2007, as amended on �Tt/ty 110 , 2008 (My Revocable Trust), to be administered and distributed in accordance therewith. Any portion of property hereby given to the Trustee of My Revocable Trust which would immediately be subject to final distribution by the Trustee may be distributed by my Personal Representative in its sole discretion directly to the beneficiaries of such Trust to avoid a needless transfer through the My Revocable Trust. If, for any reason, a Court of competent jurisdiction shall declare this testamentary transfer to My Revocable Trust to be invalid, then I direct that my residuary estate shall be held, managed, invested, and reinvested in exactly the same manner described in My Revocable Trust, giving, if the Court shall allow, effect to all then-existing amendments of My Revocable Trust, and in any event giving effect to all terms of My Revocable Trust now in effect, to be managed 2 by My Revocable Trustee therein named. Thus, for those purposes, I do hereby incorporate that same Trust Agreement, by reference hereto, into this, my Last Will and Testament. In the event that My Revocable Trust is not in effect, I give, devise and bequeath the rest, residue and remainder of my Estate unto my Personal Representative under this Will as Trustee (without bond)to hold, administer and distribute the same as a Trust under Will the provisions of which shall be identical with those of the My Revocable Trust which provisions are incorporated herein by reference. ARTICLE IV POWERS OF PERSONAL REPRESENTATIVE AND TRUSTEE My Personal Representative and Trustee shall have the following powers in addition to those vested in them by law and by other provisions of my Will applicable to all property, whether principal or income, including property held for minors, exercisable without court approval and effective until actual distribution of all property: A. To have full authority to deal with any business interest as freely as I might in my lifetime. B. To make distribution in cash or in kind, or partly in cash and partly in kind, and in such manner as they may determine. C. To retain any or all of the assets of my estate, real or personal, without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification or risk. 3 D. To invest in all forms of property without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification or risk. E. To sell at public or private sale, to exchange, or to lease for any period of time any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms or conditions as they deem proper. F. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper. G. To borrow from or to sell to my Trustee even though such Trustee may be my Personal Representative. H. To compromise any claim or controversy. ARTICLE V SPENDTHRIFT PROVISIONS I direct that the interest of the beneficiaries shall not be subject to anticipation or to voluntary or involuntary alienation. ARTICLE VI PERSONAL REPRESENTATIVE I name, constitute and appoint FULTON FINANCIAL ADVISORS, N.A., Executor of this my Last Will and Testament. I direct that no fiduciary appointed hereunder shall be required to post bond for the faithful administration of the duties required in any jurisdiction. 4 I. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament,this�� � day of , 2008. (SEAL) GEOR . ' YERS J i" Signed, sealed, published and declared by the abovednamed Testator, as and 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 hereunto subscribed our names as witnesses. /1 Wi ss 0 ,0 Wi es :320114A 5 ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND We, GEORGE F. MYERS, 'S u z _n n P_ , A fc1 ! �W and �Y1 f f e+ , the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and that he had signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and that to the best of his/her knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence: EORGE F: RS AZ,(4 Witne s Subscribed, sworn to and acknowledged before me by GEORGE F. MYER S, Testator, and subscribed and sworn to before me by SLLzo_nr e- . ArcW4'1Ctf-/ and f K,,C ,fe, *RdA , witnesses, this day of �ULt4 , 2008. n Edmund G. M rs Attorney I.D. #20558 6 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND On this,the (}day of , 2008, before me, the undersigned officer, personally appeared Edmund G. Myers, Attorney I.D.. #20558, known to me (or satisfactorily proven)to be a member of the bar of the highest court of Pennsylvania and certified that he,was-persorially present when the foregoing acknowledgement and affidavit was signed by the Testator and the witnesses. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH Of?ENNSNUANiA NOTARIAL SF_AL GAIL J. MAHONEY. Nulary Public Lemoyne Boro.,Currivadan(l County My Commission Expire:, Feb.19,2010 COMMONWEALTH Of PENNSYLVANIA NOTARIAL. -=-ML. GAIL J. MAHONEY. v.otlry Public Lemoyne Boro.,Cuniaerlamd County My Commission Expires Feb.19,2010 7