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HomeMy WebLinkAbout02-10-14 r 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 / Name: SARAH E. FRANKLIN File No: 21 - L� 12"1 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 1/14/14 Age at death: 99 Decedent was domiciled at death in CUMBERLAND County, PA (State)with his/her last principal residence at 153 EAST MAIN ST. 17266 SO.NEWTON TWP. CUMBERLANO Simi address,Post Office and Zip Code City,Township or Borough County Decedent died at 153 EAST MAIN ST. 17266 SO.NEWTON TWP. CUMBERLAND PA_ Street address,Post Once 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 E 30.000.00 Ifnot domiciled in Pennsylvania.............................Personal property in Pennsylvania $ If not domiciled In Pennsylvania.............................Personal property in County E Value of real estate in Pennsylvania.............................................................. $ 100.000.00 TOTAL ESTIMATED VALUE.... S 130 000.00 Real estate in Pennsylvania situated at: 153 East Main Street 17266 So.Newton Twp. Cumberland (Attach addiamralshrela,lfnecessory.) Street address,Post Office and'Zip Code City Township or Borough County M A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/arc the Executor(s)named in the last Will of the Decedent,dated 31403 and Codicils) thereto dated `LiQne State relevant circumstances(ag.renunciation,death of ereeutor,ere.) Except as follows:after the execution of the instrument(s)offered for probate Decedent did not many,was not divorced,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 did not have a child bom or adopted;and Decedent was neither the victim of a killing not ever adjudicated an incapacitated person. M NO EXCEPTIONS ❑ EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration(If applicable) aLa.,d.b.n.,d.b.n.al.a.,pendente lite.durance absentia,durance minoritate 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. Cl NO EXCEPTIONS ❑ EXCEPTIONS Petitioner(s),after a proper starch has/have ascertained that Decedent left no Will and was survived by the following spouse(irony)and heirtaaach additional sheets,if necessary): Name Relationship Address i n o —rn-C�> co rrn � o s c-� CM cn X riM F-' mm nrn � ° zo n o T � ^� r— m f4vm hIP-dl rev.101i 1,1011 r� �rf age 1 of Oath of Personal Representative onleial Use Only COMMONWEALTH OF PENNSYLVANIA ) } SS: COUNTY OF CUMBERLAND } [RECORDED OFFICE OT 1ST F_,,s)Printed Name '� SE—P-0-_w I EI=s ( Petitioner(s)Printed Address 212 Springfield Road I;Ily FEB 10 P(� 2 Roy M. Franklin �Newville PA 17741 x463 West Main Street 0 MarjorieE. Tamer Walnut Bottom R�CLERK RK I7266 600 Mountain Road Ha C. Franklin Boilinp S rings CUMBERLAND P.Q, INt),07 The Petitioner(s)above-named swears)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 Decedent,the Petitioner(s)will well and truly administer the estate according to law. Sworn to�f�affirmed an bscri ed before Date-7"-Q-^ `-ti' ' t-{ me is ./L�-_ day of _ _ Date .�f_G .� By Date For the Register Date r BOND Required: ❑ YES 7-NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters. .. .. .. . . . . . . .. . . .. . .. . $ (P Q Attorney Signature: ( 3 )Short Certificates(s) . . .. . . �5 ( )Renunciation(s) . . .. . .. . . . ( )Codicil(s) . . .. . . .. . . . . . . �• ��� ( ) Affidavit(s).. . .. . .. . . . .. Bond ;Prin d N ame: John B. Fowler,III Commission . .. .. . .. . . .. . .. . ... . eme Court Other . .. . . ,• • umber: 06273 . . .. . .. . . na r �lr — Firm Name: Martson Law Offices �-"�- t5 Address: 10 East High Street " ' Carlisle PA 17013 • Phone: 717 243-3341 Fax: (717)243-1850 Automation Fee .. .. . .. .... . . .. . . Email: jfo wler martsonlaw.com J JCS Fee . ... .... .. . . . . ... . . .. . . 23 _` TOTAL ... .. .. .. .. . ... . .. . . ..$ DECREE OF THE REGISTER Estate of SARAH E. FRANKLIN File No: 21 } - IZy a/k/a: AND NOW, b 201 in consideration of the foregoing Petition, satisfactory proof having been presen ed before me,IT IS DECREED that Letters Testamentary are ereby granted to Roy M.Franklin, Marjorie E.Tamer and Harry C.Franklin in the above estate and(if applicable)that the instrument(s)dated 3/4/2003 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. egtster of Wills For RW-01 rev.10111/101/ Page7o 2 F.�LMDATAFILE1Enne PlamingM7804.w81 LAST WILL AND TESTAMENT I, SARAH E. FRANKLIN, of South Newton 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 made by me. 1. I direct that all my legally enforceable debts, funeral expenses, including all expenses of my last illness,and testamentary expenses shall be paid from my residuary estate as soon as practicable after my decease and as part of the expense of the administration of my estate. 2. r., C) .9 I give and bequeath my extension table and table boards to my daugtg,MAIgORdR_� aD rn O E. TARNER. °J --j v r y m m m CZ) nC, � zv 3. . v n C> n I bequeath any automobiles or motor vehicles I may own at my & t�h,'my rsorraM 37 N r-- rn . effects, my remaining household goods and other tangible personal prolerTy of lik�naRq> N -n (not including cash or securities),together with any existing insurance thereon;to such of my children as are living on the thirty-first day after my death, to be divided among them with due regard for their personal preferences in as nearly equal shares as practical and as they shall mutually agree. I direct that any of the foregoing articles not selected by such children or about which there is no agreement shall be sold at public or private sale by my personal representative(s), and I further direct that the net proceeds thereof shall be administered and distributed as a part of the residue of my estate. 4. I devise and bequeath the residue of my estate of every nature and wherever situate �1 [Initials] Page 1 of 4 in equal shares to my children, ROY M. FRANKLIN, MARJORIE E. TARNER and HARRY C. FRANKLIN, provided that the share of any child who predeceases me or dies on or before the thirtieth day following my death shall be distributed to his or her then living issue(to include step-children),per stirpes, and in default of any such then living issue,such share shall be added to the share or shares for my other children, or their then living issue (to include step-children). 5. I appoint ORRSTOWN BANK,a Pennsylvania banking corporation, with offices in Cumberland County, Pennsylvania, guardian of any property which passes either under this Will or otherwise to a minor, and with respect to which I am authorized to appoint a guardian and have not otherwise specifically done so, provided that this,appointment of a guardian shall not supercede the right of any fiduciary in its discretion to distribute a share where possible to the minor or to another for the minor's benefit. Such guardian shall have the power to use principal, as well as income, from time to time for the minor's support,health and medical care,and education(including college education),or to make payment for these purposes,without further obligation or responsibility to see to the proper expenditure thereof, directly to the minor or to the minor's parent or to any person taking care of the minor. 6. All Federal, State and other death taxes payable because of my death, with respect to the property forming my gross estate for tax purposes, whether passing under this Will or otherwise,including any interest or penalty imposed in connection with such taxes, shall be considered a part of the expense of the administration of my estate and shall be paid out of the principal of my residuary estate without apportionment or right of reimbursement. 7. I appoint my children,ROY M.FRANKLIN,MARJORIE E. TARNER and HARRY C. FRANKLIN, or the survivor(s), Executors of this my last Will. [Initials] Page 2 of 4 8. I direct that all fiduciaries acting under this Will,whether or not named herein, shall not be required to give bond for the faithful performance of their duties in any jurisdiction IN WITNESS WHEREOF, I have hereunto set my hand and seal, this day of 2003. �� ya �✓ta� [SEAL] Sarah E. Franklin 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. i Page 3 of 4 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND We, Sarah E. Franklin, John B. Fowler, 111, and l �tcc ,-camt2�/a7Jre�� , 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 she has signed willingly, and that she 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 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. Sarah E. Franklin, Testatrix � ��1._+�•r— ttne'ssss Q rlrY ^— Subscribed,sworn to and acknowledged before me by Sarah E.Franklin,the Testatrix, and subscribed and sworn to before me by John B. Fowler, 111, and witnesses, this day of^� , 2003. Notary Public iustr RIA =CffdMB:0ER CA8ORPage 4 of 4 MMISSI