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HomeMy WebLinkAbout02-27-14 Reset 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 /J[r 1 V— 196 Name: RUBY G.WHITE File No: (�j 1 7 !J Q�t? a/k/a: (Assigned by Register) a/k/a: aWa: Date of Death: February 21,2014 Age at death: 86 Decedent was domiciled at death in Cumberland County,Pennsylvania (state)with his/her last principal residence at 29 Smith Road Gardners,South Middleton Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Harrisburg Hospital Harrisburg Dauphin :A 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 $ 75,000.00 If not domiciled in Pennsylvania. ........................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania..............................:............... ........... $ TOTAL ESTIMATED VALUE.... $ 75.000.00 Real estate in Pennsylvania situated at: (Attach additional sheets,if necessary) Street address,Post Office and Zip Code City,Township or Borough County ® A. Petition for Probate and Grant of Letters Testamentary Pefitioner(s)aver(s)he/shelthey is/are the Executor(s)named in the last Will of the Decedent,dated August 2,2010 and Codicil(s) thereto dated State relevant circumstances(e.8-renunciation,death of executory etc.) Except as follows: after the execution ofthe instrnment(s)offered for probate Decedent did not marry,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 born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. C7' NO EXCEPTIONS 0 EXCEPTIONS ® B. Petition for Grant of Letters of Administration (if applicable) c.t.a.,d.b.n.,d,b.n.c.ta.,pendeme lite,durante absentia,durance minoritate If Administration,c.r.a. or d..b.mata.,enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a parry 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. 0 NO EXCEPTIONS 0 EXCEPTIONS se,: Petitioner(s),after a proper search has/have ascertained that Decedent W1 no Will and was survived by the following spotise;(if any)andfi srs(attach - additional sheets,if necessary): Name Relationship AddressS' Form RW-02 rev,1011112011 Pagel of 2 Oath of Personal Representative Official use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Petitioners)Printed Name Petitioner(s)Printed Address Judy Lynn Barrick 38 West Eppley Drive Carlisle PA 17015 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 Representatives)of Decedent,the Petitioner s)will well and truly administer the estate according to law. Swam to firmed bscribed before =� �C M —Date me thi ay f Date By- _ Date egister Date BOND Required: DYES (D NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Let rs. . . . . . . . . . . . .. . . . .. . . . S Attorney Signature: { )Short Certificate(s).. . . . . { )Renunciation(s).. . ... ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.... ........ Printed Name: Stephen D.Tiley Commission. . Supreme Court Other_, . . . . . . . . ID Number: 32318 ... . . . Firm Prey and C> . . r . . . . . . . . Address: 5 South Hanover Street . ... , . . . Carlisle PA 17014 C.r) c :7 .. .... . . ,-(� Phone: 717-243-5838 �-�. ..- ... Automation Fee. . ... . .. ... .. Fax: 717-243-6441 '3 - ' JCS Fee. .. . . . . . . . . . . . . . . . . . . Email: ctitefrPyJi)rvT,rnm . =- .• ? TOTAL. .......... . .... .. . . . S a DECREE OF THE REGISTER r / /�/ Estate of RUBY G.WHITE Fite No: /1 I /1 C✓I a/k/a: AND NOW, f inconsideration of the foregoing Petition, satisfactory proof having been presented a ore me,IT IS DECREED that Letters Testamentary are hereV granted to Judy Lynn Barrick in the above estate and(if applicable)that the instrument(s)dated Aueust 2,2010 described in the Petition be admitted to probate and filed of record as�the last Will(and Codicil(s))of Decedent. las e ' ter of Wills (/� Form nW-02 re V.10/11/2011 Page 2 of 2 LAST WILL AND TESTAMENT OF RUBY G. WHITE I, Ruby G. White, of 29 Smith Road, Gardners (South Middleton Township)';�. Cumberland County, Pennsylvania 17324, being of sound and disposing rind, memory; , ;_v 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 and Codicils ry heretofore made. FIRST Cn -, I direct the payment of my just debts and funeral expenses as soon after my death as may be convenient. I direct that all federal and Pennsylvania estate taxes, Pennsylvania inheritance taxes, and generation-skipping transfer tax payable as a result of my death, not limited to taxes attributable to property passing under this Will, shall be paid by my Executor from my residuary estate, including any part of my residuary estate that otherwise qualifies for a deduction for federal estate tax purposes, however, no federal or Pennsylvania estate tax, Pennsylvania inheritance tax, or generation-skipping transfer tax shall be payable from or chargeable to any property that passes to my surviving spouse, whether under this Will or otherwise, and that qualifies for the federal estate tax marital deduction. I direct my Executor not to seek reimbursement for any tax so paid from any beneficiary under this Will, heir of mine, or other transferee of property included in my gross estate. SECOND I declare that I am now married to Thomas J. White. We were married on August 2, 1952. We have two children together, to wit: Thomas Bruce White, a son born July 22, 1953; and Judy Lynn Barrick, a daughter born June 4, 1954. We each also have a child by a prior marriage. I have a daughter, Carol Bruce Cipolla, born September 15, 1945, and my husband has a daughter, Ruth Ann LeBlanc, born August 22, 1947. We both consider all four children to be equally our children. As used in this Will, the word "c "children" shall refer to all four of the aforementioned children and I refer to all as my hild" even though Ruth Ann LeBlanc is not a natural or legally adopted child of mine. I have no deceased children nor any other children living by my husband or otherwise. THIRD (a) All the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and bequeath to my husband, Thomas J. White, his heirs and assigns, to the exclusion of my child or children, born or unborn, provided my said husband shall survive me by a period of ninety (90) days. (b) In the event that my said husband should predecease me or fail to survive me by the aforesaid period of ninety (90) days, then in such event I give and bequeath any and all automotive tools that I may have at the time of my death to my son, Thomas Bruce White. (c) Also in the event that my said husband should predecease me or fail to survive me by the aforesaid period of ninety (90) days, then in such event, after the aforementioned specific bequest, all the rest, residue and remainder of my estate, real, personal and mixed, and whisesoever the same may be situate, I give, devise and bequeath, in four equal shares, per stirpes and not per capita, unto the following: Last Will and Testament of Ruby G.White Page I of 4 (i) One-fourth (1/4) to Jeremy Mitchell, of 15 High Street, Livermore Falls, Maine 04254, who is the son of Ruth Ann LeBlanc, and who is my husband's grandson, and as a grandson to me, provided he shall survive me by ninety (90) days; (ii) One-fourth (1/4) to Carol Bruce Cipolla, of 165 Station Road, Bernville, PA 19506, who is my daughter, provided she shall survive me by ninety (90) days; (iii) One-fourth (1/4) to my son, Thomas Bruce White, of 1611 Fulton Road, Dauphin, PA 17018, provided he shall survive me by ninety (90) days; and (iv) One-fourth (1/4) to my daughter, Judy Lynn Barrick of 38 West Epply Drive, Carlisle, PA 17015, provided she shall survive me by ninety (90) days. Should any of the said four residuary beneficiaries fail to so survive me then the share such deceased child or grandchild would have received shall pass to such of his or her issue as shall survive me by a period of ninety (90) days, per stirpes, and if there be no such issue the same shall lapse and be added to the remaining share or shares. (d) I make the following non-binding declaration: I have made no provision for Ruth Ann LeBlanc, not for want of any love or affection for her, but rather because of her ongoing medical conditions. Her son, Jeremy Mitchell, has assisted her in many ways, and I hope that he will continue to do so with his share of my estate. I am confident that he will continue to do so, but he shall be under no legal obligation to do so. FOURTH I hereby nominate, constitute and appoint my said husband as Executor of this my Last Will and Testament. In the event of the renunciation, death, resignation or inability to act for any reason whatsoever of my said husband, I nominate, constitute and appoint my daughter, Judy Lynn Barrick, as Executrix of this my Last Will and Testament. In the further event of the renunciation, death, resignation or inability to act for any reason whatsoever of my said daughter, Judy Lynn Barrick, I nominate, constitute and appoint my son-in-law, Eugene ("Lester") I. Barrick, of the same address as Judy Lynn Barrick, as Executor of this my Last Will and Testament. I further direct that no bond or other security shall be required of any Executor or Executrix appointed in this Will for the performance of his, her or its duties in any jurisdiction in which he, she or it may be called upon to act. The terms Executor or Executrix may be used interchangeably in this Will and shall refer to any Executor or Executrix appointed in this will, or any other Administrator appointed by a court of competent jurisdiction. FIFTH In addition to, and not in limitation of, the powers conferred by law or by other provisions of this Will, my Executor shall have the following powers, each of which may be exercised from time to time by my Executor in his sole discretion: (a) To retain in the form received, and to sell either at public or private sale, or to distribute in kind, any real or personal property. (b) To manage both real and personal property. (c) To invest and reinvest in all forms of property, notwithstanding the fact that any or all of the investments made are of a character or size Last Will and Testament of Ruby G.White Page 2 of 4 which but for this expressed authority would not be considered proper for an Executor. (d) To exercise any option or rights arising from the ownership of investments. (e) To compromise claims without court approval and without the consent of any beneficiary. (f) To join with my husband, or his personal representative in the filing of, any federal income tax return for any year for which I have not filed such return prior to my death and to consent to the treatment of any gifts made by him as being made one-half by me for gift tax purposes, notwithstanding the fact that such action may result in additional liabilities to my estate. Any income or gift taxes due on such returns and any deficiencies, interest, penalties or refunds thereon, shall be allocated between my estate and my husband or his estate, or all to any of them, in such manner as my Executor and my said husband or his personal representative may agree. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament, written on four (4) pages (including notary page), this 2nd day of August, 2010. SEAL) Ruby Ruby G. hite Signed, sealed, published, and declared by Ruby G. White, the Testatrix above named, as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. ` o4 � ! �. Last Will and Testament of Ruby G.White Page 3 of 4 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) We, Ruby G. White, the Testatrix in, and Stephen D. Tiley and Robert G. Frey , the witnesses, to the Last Will and Testament, the attached or foregoing instrument, who have signed the instrument, having been duly qualified according to law do depose and say: a. that I, the Testatrix, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament, that I signed it willingly and as my free and voluntary act for the purposes therein expressed; and b. that we, the witnesses, were present and saw the Testatrix sign and execute the instrument as her Last Will and Testament, that she signed it willingly and executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Last Will and Testament as a witness and that to the best of our knowledge the Testatrix was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. Ruby G. Fite Subscribed, sworn to and acknowledged before me by the Testatrix and the witnesses above-named, this 2nd day of August, 2010. f,,f3nCn / Notary Public q�IM W aaM Last Will and Testament of Ruby G.White - Page 4 of 4