HomeMy WebLinkAbout02-22-05
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of MAYNARD L. SHUGHART
also known as
Deceased.
Social Security No. 204-03-1599
No. 91- 05- on5
To: Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner is 18 years of age or older and the Executrix named in the last will of the above
decedent, dated March 10, 1992, and codicil(s) dated April 12, 2004.
(State relevant circumstances. e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or
principal residence at 19 Clifton Terrace, Carlisle, South Middleton Township.
(List street, number and municipality)
Decedent, then 86 years of age, died February 12, 2005, at 770 South Hanover Street, Carlisle,
Pennsylvania.
Except as follows, decedent did not marry, was not divorced and did not have a child born or
adopted after execution of the will offered for probate; was not the victim of a killing and was never
adjudicated incompetent:
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(If not domiciled in Pa.) Personal property in Pennsylvania
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
$ unestimated
$
$
$
WHEREFORE, petitionerrespectfully requests the probate ofthe last will and codicil( s) presented
herewith and the grant ofletters testamentary thereon.
(Testamentary, administration c.La.; administration d.b.n.c.t.a.)
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Martha R. Shughart
19 Clifton Terrace
Carlisle, P A 17013
(717) 243-4200
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA )
: SS.
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C,n
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COUNTY OF CUMBERLAND
The petitioner above-named swears or affirms that the statements in the foregoing petition are true
and correct to the bes( of the knowledge and belief of petitioner and that as personal representative of the
above decedent, petitioner will well and truly administer the estate according to law.
Sworn to or affirme~d subscribed
~re me this 2;; _ day of
)jl:~~t:!tk~t!:v~ctL )~I ~
" Register IrQ \b.., , ,
!~;-r:
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/lfq'idvr R j~~
Martha R. Shughart
No. ;21- 0 5- ()n5
Estate of Maynard L. Shughart, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW, :J.I! huA fA, ts /};). d-OO 5 , 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 March 10, 1992 and April 12, 2004, described therein be
admitted to probate and filed of record as the last will of Maynard L. Shughart and Letters Testamentary
are hereby granted to Martha R. Shughart.
C-c.c\.Ac:, \ FEES
Probate, Letters, Etc.
Short Certificates( )
~~U0\\\
.J0P ~ ~-\c'IT>O.\:'''''<--
TOTAL
15 00
$ /35 . nO
$ !.;l.Q0
$\500
$ \5 OD
$ \q~.c.O
J:Lunria ~(lM-tO^ J~D.~~
Register of Wills~l1
Ivo V. Otto III, Esquire (27763) ~'-~
ATTORNEY (Sup. Ct. LD. No.)
MARTSON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Will Book #
Page
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11...;" ;", ~~1 C(,;~-I::\' ~:lat the information here given is correctly copied from an original certificate of death duly filed with me as
Local R,'glStral. The original certificate will be forwarded to the Slate Vital Records Office for permanent filing.
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COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH. VITAL RECOROS
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RaOIS1AAR'IlIlIGNATURE AND NUM8ER
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CODICIL
I, MAYNARD L. SHUGHART, of South Middleton Township, Cumberland County,
Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and
declare this to be a Codicil to my Last Will and Testament dated March 10, 1992.
1.
The following shall be added as a second paragraph to Item 4 of said Last Will and
Testament:
I direct that the share of my son, DAVID SHUGHART, shall be reduced by
the sum of $1 ,200.00, which funds were advanced to him prior to my death.
2.
In all other respects, I ratify and affirm my said Last Will and Testament dated March 10,
1992.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 1,Q<1/.v day of
~JL ,d.u01.
:!!!u~gcfart~(SEAL)
SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, as and
for a Codicil to his Last Will and Testament dated March 10, 1992, in the presence of us, who at his
request, have hereunto subscribed our names as witnesses thereto, in the presence ofthe said Testator
and of each other.
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Page 1 of 2 Pages
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
We, Maynard 1. Shughart, J?<C-r;w-f,CJc A tu,.,[~.- ,and VlcJon~ L. 0 fu
the Testator and the witnesses, respectively, whose names are signed to the foregoing instrument,
being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and
executed the instrument as a Codicil to his last Will dated March 10, 1992, and that the Testator has
signed willingly, and that the Testator 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 Codicil as a 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.
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Witness
and subscribed and sworn to
1) IC+DneL 1.... IJ #n
Subscribed, sworn to and acknowledged before me by Maynard 1. Shughart, the Testator,
-~
before me by dNt,oj,;,~ A. })ech~ and
, the witnesses, this jr)".{a'ay of a~ ,2cc'-/.
~~-~"-n~p~
Notary Public.
NOTARIAL SEAL
CORRINE L MYERS, NOTARY PUBLIC
CARLISLE BORO, COUNTY OF CUMBERLAND
MY COMMISSION EXPIRES MAY 27,2007
Page 2 of2 Pages
LAST WILL AND TESTAMENT
I, MAYNARD L. SHUGHART, of South Middleton Township,
Cumberland County, Pennsylvania, being of sound and disposing mind
and memory, do hereby make, publish and declare this to be my Last
Will and Testament, hereby revoking any and all former Wills or
Codicils by me made.
1.
I direct that all my just debts,
funeral expenses,
testamentary expenses and all inheritance taxes (whether such taxes
may be payable by my estate or by any recipient of any property)
shall be paid from my residuary estate as soon as practicable after
my decease and as part of the administration of my estate. My
Executor shall have no duty or obligation to obtain reimbursement
for any such tax so paid, even though on proceeds of insurance Qr
,
other property not passing under this Will.
,
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2 .
C".l
I direct that my personal property comprised of t1'l.Ei! shop
equipment and related equipment and an antique car shall be' sold by
my Executrix, and the interest on the proceeds thereof, along wrth
the interest on any cash or other investments which I may have at
the time of my death, shall be for the benefit of MARTHA R.
SHUGHART for the period of her natural life and shall be paid to
her. Upon her death the same shall pass under the residuary clause
/17.-1.1..
M.L.S.
Page 1 of 5 Pages
of this my Last Will and Testament.
3.
We are presently having constructed a dwelling at 19 Clifton
Terrace, South Middleton Township, Carlisle, Pennsylvania, to which
both MARTHA R. SHUGHART and I will be each contributing one-half of
the cost thereof.
Accordingly, we contemplate an agreement by
virtue of which one-half of said real estate shall be vested in
each of us, and I direct that my one-half shall be for the benefit
of MARTHA R. SHUGHART for the remainder of her life, if she shall
survive me, and upon her death my one-half interest therein shall
pass to my residuary estate. I clearly intend that the remaining
one-half of said real estate shall pass under the Last Will and
Testament of the said MARTHA R. SHUGHART.
4 .
All the rest, residue and remainder of my estate, including
those items which shall vest in my residuary estate upon the death
of MARTHA R. SHUGHART, I direct shall be sold by my Executrix and
converted into cash, and I direct that the same shall be divided
equally among my children, JAY SHUGHART, PARKER SHUGHART, NANCY
HOFF, JUDY LINE, VIRGINIA WESSELS, ROBERT SHUGHART, DIXIE FENICLE
and DAVID SHUGHART, absolutely.
5.
I nominate, constitute and appoint MARTHA R. SHUGHART as
Executrix of my estate.
In the event she shall be unable or
PJJu/ J
M.L.S.
page 2 of 5 Pages
unwilling to serve in such capacity, then I appoint JAY L. SHUGHART
to act in such capacity.
6 .
I direct that my Executrix or Executor shall not be required
to file a bond to secure the faithful performance of her/his duties
in any jurisdiction.
7 .
I authorize and empower my personal representative, in her/his
sole and absolute discretion, to purchase or otherwise acquire and
retain any investments of which I die seized or any real or
personal property of any nature; to sell, lease, pledge, mortgage,
transfer, exchange, dispose of or grant options in regard to any or
all property of any kind forming a part of my estate for such terms
and such prices as they may deem advisable; to borrow money for any
purposes connected with the protection and preservation of my
estate; to mortgage or pledge any real or personal property forming
a part of my estate or to join in or secure the partition of same;
to compromise any claims or demands of my estate against others or
of others against my estate; to make distribution in kind and to
cause any share to be composed of cash, property or undivided
fractional shares in property different in kind from any other
share; and to execute and deliver such instruments as may be
'}7J. ;;( 1~
M.L.S.
Page 3 of 5 Pages
necessary to carry out any of these powers.
IN WITNESS WHEREOF I have hereunto set my hand and seal this
Jc)-/tl day of
'7JJr;t/( dl)
, 1992.
2%~~h~
(SEAL)
SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named
Testator, as and for his Last Will and Testament, in the presence
of us, who at his request, have hereunto subscribed our names as
witnesses thereto, in the presence of the said Testator and of each
other.
~:' 4'd
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Page 4 of 5 Pages
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
I, Maynard L. Shughart, Testator, 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, that I signed it willingly, and
that I signed it as my free and voluntary act for the purposes
therein expressed.
~~d~~:17-
Maynar L. Shughart
Notarial seal
Com"" L. M}'€fS, NolaIy NlIic
Cartisle Bora, Cumberland COUl1\y
My Commission Expires May 22.1995
co~~1W'fl~~VANIA
SS.
COUNTY OF CUMBERLAND )
/7 -~ (I / /!
We ,~"- ".--L >7-.J.~.y4:..h,-(;{ (!J(.'L"t1.(J. ~('<- ( ,-..--:1t.I.L r!,
the witnesses whose names v1e signed to the attached or foregoing
instrument, being duly qualified according to law, do depose and
say that we were present and saw Maynard L. Shughart, the Testator,
sign and execute the instrument as his Last Will; that the Testator
signed willingly and that the Testator executed it as his free and
voluntary act for the purposes therein expressed; that each of us,
in the hearing and sight of the Testator, signed the Will as
witnesses, and that to the best of our knowledge the Testator was
at that time 18 or more years of age, of sound mind and under no
constraint or undue influence.
Sworn or affirmed to and subscribed before me this /O-fJ... day of
'1fJrkkdLr 1992.
~. .
: - I)J/UtJ, if
Notary Public
}/fL., <2-''<4-:
U
~.. Notarial Seal
Comne L. MyeIS, NolaIy NlIic
Carlisle Bora, Cumbertand County
My Commission Expires May 22, 1995
Member, Pennsylvania AVCQQation gf ~
Page 5 of 5 Pages