HomeMy WebLinkAbout02-07-14 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA
Petitioner(s)named below,who is/are 18 years of age or older, apply(ies)for Letters as specified below,and in
support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form:
Decedent's Information a
Name: Susan D. Smith File No: 21 — 14-11 0
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 1/15/14 Age at death: 62
Decedent was domiciled at death in Cumberland County, PA (State)with his/her last
principal residence at 291 Smith Road 17257 Penn Township Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 291 Smith Road 17257 Penn Township. Cumberland PA
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania................................All personal property $
If not domiciled in Pennsylvania.............................Personal property in Pennsylvania $
If not domiciled in Pennsylvania.............................Personal property in County $
Value of real estate in Pennsylvania.............................................................. $ 315,000.00
TOTAL ESTIMATED VALUE.... $ 315,000.00
Real estate in Pennsylvania situated at: 1623 Walnut Bottom Road 17241 Penn Twp. Cumberland
(Attach additional sheets,ifnecessary.) Street address,Post Office and Zip Code City,Township or Borough County
® A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated 1130-8.and Codicil(s)
thereto dated one �-
C M C->
State relevant circumstances(e.g.renunciation,death of executor,etc.) --
rr1 --i
Except as follows:after the execution of the instrument(s)offered for probate Decedent did not marry,was not3�yo��pdb-was not a party-tp ii pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),z PH dizl_n%ave w4ild bWffi$Tr
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. "LJ GS
® NO EXCEPTIONS ❑EXCEPTIONS —`
� N T'" rrt
❑ B. Petition for Grant of Letters of Administration(If applicable) - i
c.t.a.,d.b.n.,d.b.n.a t.a.,pendente lite,—Arante absent44uranWmirr1qritate
If Administration,c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person.
❑ NO EXCEPTIONS ❑EXCEPTIONS
Petitioner(s),after a proper search hasihave ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirfattach
additional sheets,if necessary);
Name Relationship Address
Form RW-02 rev.10/11 1201/ Page 1 of 2
Continuation of Petition for Grant of Letters
Susan D. Smith 205-38-6051
Decedent Name Page 1 Social Security Number
Real Estate in PA
Walnut Bottom Road 17257 Penn Twp. Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
291 Smith Road 17257 Penn Twp. Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF CUMBERLAND }
Petitioner(s)Printed Name Petitioner(s)Printed Address
1623 Walnut Bottom Road
James H. Smith Newville PA 17241
The Petitioner(s)above-named swear(s)or affirm(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 Decede t,the Petitioner(s will well and truly administer the estate according to law.
Sworn Xaffirmed an subscribed befforr` Date `7-`
me this day f , Date
By: Date
For the Register Date
BOND Required: ❑ YES Uf-NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters....... . . .. . ... . . .. . ... $ Attorney Signat re:
( )Short Certificates(s) . .. . . . 2-0
( )Renunciation(s).... ... . . .
( )Codicil(s) . . .. . . ..... . . .
( )Affidavit(s).. . ..... . .... C)
q
Bond Printed Name: No V.Otto III erg rn
to
Supreme Court a-" r— M rn
Commi sg iop 27763 r M -� r
Other Y V ....... .. ID Number: ;
Firm Name: Martson Law Off°ces-,
Address: 10 East High S*t° '1
Carlisle ;a C&A uWP13
. ... ..... co
. . . .. . •• • Phone: 717 243-3341
... . . . • • • Fax: (717)243-1850
Automation Fee ... ..... . ... . .. . . Email: iotto @martsonlaw.com
JCS Fee ............... .... . . . . 4
TOTAL .. ............. ...... .$
DECREE OF THE REGISTER p
Estate of Susan D. Smith File No: 21
a/lc/a:
AND NOW, D I ,in consideration of the foregoing Petition,
satisfactory proof having been presentA before me,IT IS DECREED that Letters Testamentary
are hereby granted to James H. Smith
in the above estate and(if applicable)that
the instrument(s)dated January 18 2008
described in the Petition be admitted to probate and filed of record as thee last Will(a d Codicil(s))of Decedent.
n
Re ' ter of W' s �ek For»i RW 02 rev.10/11/2011 age 2 of 2
FAFILESUients\10248 Smith\]0248.3.will.2 t y
y
RECORDED Ci F10E OF
LAST WILL AND TMA7N fWY' "I-LS
gk4lan7d CI, SUSAN D. SMITH, of Penn Township o nty, �
n nsylvania,being of
sound and disposing mind and memory,do hereby make, l s �n'- declare this to be my Last
ORPHANS' COUR'y
Will and Testament, hereby revoking any and all f y.
E y \ 1 �r�Godici-ls,made by me.
J
1.
I direct that all my legally enforceable debts,funeral expenses,testamentary expenses and
all death 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(s) shall have no duty or obligation to
obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other
property not passing under this Will.
2.
I give all of my tools and guns to my son, JAMES H. SMITH.
3.
I give, devise and bequeath my real property in the following manner:
a. If I own it at the time of my death, I give my real property consisting of
approximately thirty(30)acres and being identif ed.as Parcel Nos. 31-11-0300-022F and
31-11-0300-032A, including the free-stall barn, milking barn, machine shed, animals,
machinery, equipment and any corn, hay, grains or other crops contained thereon, unto
my son, JAMES H. SMITH.
b. If I own it at the time of my death, I give my real property consisting of
approximately .84 acre and being identified as Parcel No. 31-11-0300-049, containing
my residence, and the contents thereof, and any outbuildings thereon, unto my son,
JASON M. SMITH.
C. In the event that I no longer own any of the aforementioned parcels of real
estate but instead own another residence at the time of my death, then I direct that my
residence and the contents thereof be sold and the net proceeds thereof be distributed as
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Page 1 of 5 Pages
follows: Fifty percent(506/o)thereof unto my son,JAMES H. SMITH,and fifty percent
(50%) thereof unto my son, JASON M. SMITH.
4.
All the rest, residue and remainder of my estate, I give, devise and bequeath in equal
shares unto my sons, JAMES H. SMITH, CHARLES J. SMITH and JASON M. SMITH,
absolutely.
5.
In the event any of my said sons shall predecease me or fail to survive me by thirty(30)
days and be survived by issue, then I direct that his share shall be distributed to his issue, per
stirpes. In the event any of my said sons shall predecease me or fail to survive me by thirty(30)
days and shall not be survived by issue, then I direct that his share shall be distributed equally
to my surviving sons, or, if deceased, to their issue, per stirpes.
6.
In the event that any of the beneficiaries hereunder shall not have attained the age of
twenty-one (21) years at the time for distribution, then his or her share shall be held by my
Trustee(s) under the following conditions:
a. I direct that my Trustee(s) shall hold, invest and reinvest the same, collect the
income arising therefrom,and after paying all expenses incident to the management of the trust,
to use and apply as much of the income and principal as may be necessary in the sole discretion
of my Trustee(s) for the support, well-being and education of the beneficiary of such trust.
b. I direct that the beneficiary shall have the right of withdrawal of the principal and
any accumulated income of such trust as he or she attains the age of twenty-one (21) years.
C. Prior to the distribution of the principal, my said Trustee(s) shall have the sole
discretion to invade the principal of said trust for the support,maintenance and education of the
beneficiary thereof, regardless of age.
d. To the extent that the same is permitted by law, none of the beneficiaries
hereunder shall have any power to dispose of or to charge by way of anticipation any interest
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given to such beneficiary;and all sums payable to such beneficiaries hereunder shall be free and
clear of the debts, contracts, alienations and anticipations of the beneficiaries, and all liabilities
for levies and attachments and proceedings of whatsoever kind, at law or in equity.
7.
I nominate,constitute and appoint my son,JAMES H. SMITH,as Executor of my estate.
In the event he shall be unable or unwilling to serve in such capacity, then I appoint my sons,
CHARLES J. SMITH and JASON M. SMITH, to act in such capacity.
8.
I nominate, constitute and appoint my sons, JAMES H. SMITH, CHARLES J. SMITH
and JASON M. SMITH, or the survivor(s) of them, as Trustee(s) under the terms of this Last
Will and Testament.
9.
I direct that neither my Executor(s)nor my Trustee(s) shall be required to file a bond to
secure the faithful performance of their duties in any jurisdiction.
10.
I authorize and empower my Executor(s) and Trustee(s), in their 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 apart 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;to employ agents,
attorneys and proxies and to delegate to them such power as my Executor(s) and Trustee(s)
consider desirable and to pay reasonable compensation for such services as may be rendered by
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Page 3 of 5 Pages
such agents, attorneys and proxies; and to execute and deliver such instruments as may be
necessary to carry out any of these powers. In addition, I direct that my Executor(s) shall have
the power to conduct an inventory of any safe deposit box necessary to the administration of my
estate.
IN WITNESS WHEREOF I have hereunto set my hand and seal this /9" day of
(SEAL)
Susan D. Kmith
SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testatrix,
as and for her Last Will and Testament,in the presence of us,who at her request,have hereunto
subscribed our names as witnesses thereto,in the presence of the said Testatrix and of each other.
Page 4 of 5 Pages
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
We,Susan D. Smith,JA.;6 C1GV�d_ l�.l.' and Ai�_-cI z Cam T-(N"h ,
the Testatrix 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
Testatrix signed and executed the instrument as her last Will and that the Testatrix has signed
willingly,and that the Testatrix executed it as her free and voluntary act for the purposes therein
expressed,and that each of the witnesses,in the presence and hearing of the Testatrix,signed the
Will as a witness and that to the best of his/her knowledge the Testatrix was at that time eighteen
years of age or older, of sound mind and under no constraint or undue influence.
Susan D. S h, Testatrix
Witness
Witiess
Subscribed,sworn to and acknowledged before me by Susan D. Smith,the Testatrix,and
subscribed and sworn to before me by _Ld (Q ,T1Z and
Y. Ccma` or- , the witnesses, this /A""t day o
8 C�� U
Notary Public
COMMONWEALTH OF pENNSYLVANIA
LcadlistoelBo's,TARIAL SEAL
L.Otto,Notary Publ -ough,Cumberl"andtounty�ion expir� es�ber 20,2010
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