Loading...
HomeMy WebLinkAbout01-14-14 Resef PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY,PENNSYLVANIA Petitioner(s) named below, who is/are 1S years of age or older, apply(ies) for Letters as specified below, and in support thereof avers)the following and respectfully request(s)the grant of Letters in the appropriate form: Decedents information } Name: Barbara J.McGiHvray File No; a/k/a: Barbara Jean McGilivray (Assigned by Register) a/k/a: Barbara B McGillvrav a/k/a: Barbara McGillvray Social Security Not Date of Death: December 20 2013 Age at death:78 Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last principal residence at 120 Buttermilk Road,Newville 17241 Uooer Frankford Townshiri Newville Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 120 Buttermilk Road.Newville 17241 Upper Frankford Township/Newville Cumberland PA_ Street address,Past Office and Ztp Code City,Township or Borough County Stare Estimate of value of decedent's property at death: Ifdomiciled in Pennsyl vania.. ..... ...... . ... . .... .... .. All personal property $ 10,000.00 If not domiciled in Pennsylvania, ........... ............ Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania.... ............... .... ...... . ..... .... . .... . ....... .... . $ 7500000 TOTAL ESTIMATED VALUE. .. . $ 85.000.00 Real estate in Pennsylvania situated at: 120 Buttermilk Road,Newville 17241 Upper Frankford TownshiplNewville Cumberland (Attach additional,sheets,if necessary) Street address,Post Office and Zip Code City,'rownship or Borough County ® A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)averts)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated November 21,2013 and•EedieiF{w} dretei,rrlated see attached Statement State relevant circumstances(eg,renunciation,death ofevecufor,etc.) - Exceptas follows:after the execution ofthe instrument(s)offered for probate Decedent did not marry,was not divorced,was not a party to apending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(g),and did not have a child bom or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS ©EXCEPTIONS ® B. Petition for Grant of Letters of Administration (Ifapplicable) _ a1.a.,d.b.n.,db.n.e.t.a.,pendente life,durante,ab$ahtia,duran'a minoritate M If Administration,c.ta. or db.n.c.ta.,enter date of Will in Section A above andreoDlete lisf'of helrs�, Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds to vWme had bqe tar h'lkl as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated per�agr>� ice- }_ m 4 NO EXCEPTIONS 0 EXCEPTIONS n M T. CS C7 Petitioner(s),after a proper search haaave ascertained that Decedent left no Will andwassurvivedbythe f¢11gwjnF3pouxrVfany nditirs(attach additional sheets,if necessary): n Q -r7 Z-3 ,rt C3 C Name Relationship dross r Farm RW-02 rev.1011112011 Page I of 2 STATEMENT ATTACHED TO PETITION FOR PROBATE WILL OF BARBARA J. McGILLVRAY, aka BARBARA JEAN McGILLVRAY, BARBARA B. McGILLVRAY, BARBARA McGILLVRAY The writing submitted herewith is the last will and testament of Barbara McGillvray aka, Barbara J. McGillvray, Barbara Jean McGillvray, Barbara B. McGillvray. It is in writing and signed by the Testatrix at the end thereof. It clearly is testamentary in nature and was done at a time when the Testatrix was of sound and desposing mind and memory. It was written and signed at the time of discussion concerning its intent and content between the Testatrix and her longtime Attorney, Hamilton C. Davis. There is no caveat or dispute concerning the meaning of the will. The will's beneficiaries are the sole surviving child of the Testatrix(she having had 4 children who pre-deceased her) and all five of her grandchildren. The executor designated in the will is the oldest grandson of the Testatrix. The genuiness of the Testatrix' signature will be proved by the sworn statements (oath of non-subscribing witnesses) of her longtime, over 30 years, Attorney, Hamilton C. Davis and the Attorney's paralegal,Nichole J. Kellert with whom the decedent worked on a regular basis for over 10 years. There is no question under the law and rules of court that the Register of Wills of Cumberland County has primary jurisdiction over this matter(the Probate of the Will and Grant of Letters, see: 20 P.S.§ 711 (12); 20 P.S.§ 901; 20 P.S.§ 907). It is submitted, no hearing is required by law or rule of court and none is justified under the facts of this matter. [Were the matter such as to justify any hearing,the same should be held by the Register of Wills]. C _tl :Ir _Z1SCS 2 ink z '� :�o = zv C_> (Z) 't7 0 7 _0 E �r II co t Q-) to O -*1 Official use only Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA ) } SS: COUNTY OF Cumberland _ } Petitioner(s)Printed Name Petitioner(s)Printed Address Eric B.McGilivray 60 Michelle Way,Hanover PA 17331 The Petitioner(s)above-named swear(s)or affirr (s)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 Dece ent,the Petitioner(s)will well and truly administer the estate according to law. 1 J SW rn to ffirmed an ubscribed before jB __ _ Date Date ox�R'rter Date BOND Required: 0 YES 0 NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $—ri��7�7�y`�,�•r� AttornySigna ure:25}Short Certificate(s)..,... t��..�— ' ( )Renunciatio❑(s).. . . . . . . . ( )Codicil(s). .... .... .. .. ( )Affidavit(s).. . . . . . . . . . . Bond_ . .. . . . . . . . . . . .. .. . .. .. Printed Name: Hamilton C.Davis Commission.I. . . . .. .. . . . . . . . Supreme Court Other . . . . . . . . —_� ID Number: 10264 U . . . . . . (Dzo Firm Name: Zullinger-Davis PC Address: 20 E.Hard Street rr. - P O Box 40 3. @ –• M rrl .. .. ... . ShiaPensbur¢,PA 17257 .., GP o co ::a . . .. . ... i Phone: (717)532-5713 r - --1 Q7 Y+ r f + Automation Fee. . . . . . . . . . . . . . . _ _ Fax: (717530-5222 L,~ ' -ter –� zi o JCS Fee. . . .. .. . .. .. . . .. . .. . . Email: hdavis�7nllmger_Oavic,pn, TOTAL, . . . . . . . .. . . . . . . . . DECREE OF THE REGISTER cn Co' ° a r' / J Estate of Barbara J.McGilIvrav File No: / /�� - 0 oL17 alkla:Barbara Jean McGillvray.Barbara B.McGiHvTav,Barbara McGillvray AND NOW, in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Eric B.McGillvray in the above estate and(if applicable)that the instrument(s)dated November 21 2013 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s))of Decedent. Register of Wills FonnRrvo2 rev.101112011 Page 2 of 2 II � z � ( i3o r �� rn CY ha Z t� ,--s ^i "'• c? -C o A c r21 C r c> it rr? 1 13 tL4r T `e� c31 l C° t L � L4c .4- Iv, c�Z - s sr d,, CA Ilk yq OATH OF NON-SUBSCRIBING WITNESS(ES) REGISTER OF WILLS Cumberland COUNTY, PENNSYLVANIA Estate of Barbara I. McGillvray(see attached re: aka) Deceased Ronald E. Fickes and (each) being duly qualified according to law, depose(s)and say(s)that stye/he I they was/were well- acquainted with Barbara J. McGillvray(see attached re: aka) and am/are familiar with the handwriting and signature of the decedent,and that the signature of Barbara J. McGillvrav(see to the foregoing instrument purporting to be the Last Will and Testament/Codicil of attars) Barbara J. McGillvray(see attachment) is in4iis/her own proper handwriting. '(Signawle) (Signature) 500 Belvedere Street (Street Address) (Street Address) Carlisle, PA 17013 _ (City,stale,Lip) (City,State,Zip) M� C> C. Grnj O 7 � S n Cn CJ rn rn rzrn _� Executed in Register's Office > �? Sworn to or affirmed an subscribed c� c n befor me this ay o Cl) r-, m U Cll C.0 Q afwV� m Deputyfo 64slaAf w ills Form RW-04 rev.10,13,06 OATH OF NON-SUBSCRIBING WITNESS(ES) REGISTER OF WILLS Cumberland COUNTY, PENNSYLVANIA Estate of Barbara J. McGillvrav(see attached re: aka) Deceased Scott E. Fickes and , (each)being duly qualified according to law, depose(s)and say(s)that -she 1 he/44ey was 1 vrefo. well- acquainted with Barbara J. McGillvrav(see attached re: aka) and am/are familiar with the handwriting and signature of the decedent, and that the signature of Barbara J. McGillvrav(see to the foregoing instramnent purporting to be the Last Will and Testament/Codicil of attached) Barbara J. McGitivray(see attachment) is in+ielher own proper handwriting. FSi re} (SiRnawre) 525 S. dford Street (Street Address) (Street Address} Carlisle, PA l�t}l3 r. m (0011 Stale, ip) FC;ty.Stare„Zip) o e� M r- M r ➢ r t� rrt YJ CJ Executed in Register's Office a cr o Sworn to or affirmed and subscribed a = t M M � ( { r- o of me this_�` dpy ° T A t *epufcr e ' er Wilts Form RNN04 rev.10.13.06 r )y - qi� OATH OF NON-SUBSCRIBING WITNESSES) REGISTER OF WILLS Cumberland COUNTY, PENNSYLVANIA Estate of Barbara J.McGillvrav(see attached re: aka) Deceased Hamilton C. Davis and (each)being duly qualified according to law,depose(s)and say(s)that 'shn 1 he(they was/were well- acquainted with Barbara J. McGillvrav(see attached re: aka) and am/are familiar with the handwriting and signature of the decedent,and that the signature of Barbara J. McGillvray(see to the foregoing instrument purporting to be the Last Will and Testament/Codicil of attached) Barbara J. McGillvrav(see attachment) is in i+Aer own proper handwriting. Signature) (Signature) 9 Hilltop Drive (.Street Address) (Street Address) ShippensburQ, PA 17257 (CtOS State,2 p) (City,State,zip) C) .- Executed in Register's Office `' Sworn to or affirmed and subscribed rr befor me this� ay r rn l rn —r o of Q���J o L J ZZ r m rn o Jepupu t y for to f Wills '? Form RW-04 ram. 70.73.06 �� - Nq Barbara McGillvray Estate Information aka Barbara B. McGillvray, Barbara J. McGillvray, Barbara Jean McGillvray Executor— Grandson Eric B. McGillvray 60 Michelle Way Hanover, PA 17331 X o� c- rn a cn m x, Cy = Cell (717)465-8962 n '- m Home (717)632-5286 z ° � o 0 Work (410)875-1408 ° " -" �' n M w r- m � cn � o rn Beneficiaries: Colleen M. Kemp (daughter) 1237 New Ridge Road Millerstown, PA 17062 Home (717)961-1775 Melissa Oliphant (granddaughter) Eric B. McGillvray(grandson) 16 Westminster Ct 60 Michelle Way Carlisle Pa 17013 Hanover, PA 17331 717-462-3053 Cell (717)465-8962 Home(717)632-5286 Megan Oliphant(granddaughter) Kevin McGillvray(grandson) 527 5 Pitt Street Apt 14 4991 E. Prospect Road Carlisle, PA 17013 York, PA 17406 717-462-0923 Cell (717)515-2431 MelanyAn (granddaughter) 2343 Dulles Station Blvd,Apt 127 Herndon,VA 20171 703-232-5297 , �- q (COPY FAIR) c, ^R = ca L c'nxi LAST WILL AND TESTAMENT n OF ° }` c C? C�j Ci "'O b !_ 'r"1 BARBARA McGILLVRAY (aka Barbara B. McGillvray, Barbara J. McGillvray, Barbara Jean McGillvray�; c �'n I, BARBARA McGILLVRAY, of Upper Frankford Township, Cumberland County, Pennsylvania, declare this to be my Last Will and Testament and revoke any Will or Codicil previously made by me. ITEM I: I direct that all my just debts (except as may be barred by a Statute of Limitations) and my funeral expenses (including my gravemarker and expenses of my last illness) shall be paid from my residuary estate as soon as practicable after my decease as a part of the administration of my estate. ITEM II: I am presently not married (being WIDOWED) and I have one surviving child: COLLEEN KEMP and 5 surviving Grandchildren ERIC McGILLVRAY, KEVIN McGILLVRAY, MELANIE MCGILLVRAY, MEGAN OLIPHANT AND MELISSA OLIPHANT. I make this will in this context. ITEM III: I bequeath those articles of my household furniture and furnishings and those articles of my personal effects and personal property as I have or may set forth in a separate memorandum(which is or will be signed by me, dated and make specific reference to this Will and memorandum,which I shall place with my Will or deposit with my attorney), to the persons therein designated. ITEM IV: I devise and bequeath all the residue of my estate of every nature and wherever situate as follows: A. 2/3 thereof shall go to my five Grandchildren, in equal shares per capita. B. 1/3 thereof shall go to the Trust for the benefit of my daughter, Colleen Kemp. ITEM V: Should any of my said grandchildren , predecease me his or her share shall lapse and pass as part of the share of those grandchildren who survive me. If my Daughter, COLLEEN KEMP shall predecease me her share shall pass as a part of the Residuary of her trust for the benefit of Colleen's grandchildren(Alex, Emily, Kira,Lacy and Phoenix). ITEM VI: I£any property passes outright (either under this Will or otherwise) to a minor (which shall be defined as anyone under twenty-five (25) years of age) and with respect to which I am authorized to appoint a guardian and have not otherwise specifically done so, I decline to appoint a guardian but instead authorize my Executor to distribute such property to a Custodian selected by my Executor (and my Executor may act as such Custodian) as Custodian for the minor under the Pennsylvania Uniform Transfers to Minors Act. Provided, however, that this appointment shall.not supersede the right of any fiduciary to distribute a share where possible to the minor or to another for the minor's benefit. ITEM VII: I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as part of the expenses of the administration of my estate. ITEM VIII: I appoint my GRANDSON, ERIC B. McGillvray, Executor of this my Last Will. Should he fail to qualify or cease to act as Executor , I appoint MY FRIEND, NICHOLE KELLERT, Substitute Executor of this my Last Will. 2 ITEM IX: I direct that my Executor, custodian, or their successors, shall not be required to give bond for the faithful performance of their duties in any jurisdiction. ITEM X: The interests of the beneficiaries hereunder shall not be subject to anticipation or to voluntary or involuntary alienation. IN WITNESS WHEREOF, I hereunto set my hand and seal to this my Last Will and Testament, written on sheets of paper, dated this day of , 20 (SEAL) BARBARA McGILLVRAY, TESTATRIX (aka BARBARA B. McGILLVRAY, BARBARA J. McGILLVRAY, BARBARA JEAN McGILLVRAY) The preceding instrument, consisting of this and other typewritten pages, each identified by the signature or initials of the Testatrix, was on the day and date thereof signed, published and declared by 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 as witnesses hereto. residing at residing at COPY FAIR - WILL OF BARBARA McGILLVRAY, aka BARBARA J. McGILLVRAY, BARBARA JEAN McGILLVRAY,BARBARA B. McGILLVRAY 3 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND I, BARBARA McGILLVRAY (aka BARBARA B. McGILLVRAY, BARBARA J. McGILLVRAY, BARBARA JEAN McGILLVRAY) the Testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. (SEAL) BARBARA McGILLVRAY (aka BARBARA B. MCGILLVRAY, BARBARA J. McGILLVRAY, BARBARA JEAN McGILLVRAY) Sworn to or affirmed and acknowledged before me by(NAME), the Testatrix, this day of 120 . COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND We, and the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to Iaw, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will; that the Testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Will as a witness; and that to the best of our knowledge the Testatrix was at the time eighteen(18) or more years of age and of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by and , witnesses,this day of u_ i,20 Notary Public 4 PERSONAL PROPERTY MEMORANDUM TO ACCOMPANY WILL OF BARBARA McGILLVRAY (aka BARBARA B. McGILLVRAY, BARBARA J. McGILLVRAY, BARBARA JEAN McGILLVRAY) As provided in ITEM II of my Will, I hereby designate that the following listed property shall go to the persons whose names are designated hereon. ITEM NAME DATED: SIGNED: BARBARA McGILLVRAY (aka BARBARA B. McGILLVRAY, BARBARA JEAN McGILLVRAY, BARBARA J. McGILLVRAY) (END OF COPY FAIR — WILL OF BARBARA McGILLVRAY, aka BARBARA B. McGILLVRAY,BARBARA J.McGILLVRAY, BARBARA JEAN McGILLVRAY)