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HomeMy WebLinkAbout03-07-14 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 �t Name: Ruth E.Fulton File No: c 4 - I L{ - Z()"i a/k/a: (Assigned by Register) alkla: alkla: Social Security No: Date of Death: January 13,2014 Age at death: 91 Decedent was domiciled at death in Cumberland County, Pennsylvania (state)with his/her last principal residence at 1910 Rimer Highway Shippensbure Cumberland Street address,Post Otnce and Zip Code City,Township or Borough County Decedent died at I Lonesdorf Way Carlisle 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 S 50,000.00 Ifnot domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ Iftrot domiciled in Pennsylvania. ....................... Personal property in County S Value of real errata in Pennsylvania........................................... ............. $ TOTAL ESTIMATED VALUE. ... S 50.000.00 Real estate in Pennsylvania situated at: None. (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 Petitioners)aver(s)helshelthey istare the Executor(s)named in the last Will of the Decedent,dated May 28,2002 and Codicil(s) thereto dated None State relevant circumstances(ai;.renunciation,death of execrnor,eta) Exceptasfollows: after the execution ofthe instrument(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 barn or adopted;and Decedent was neither the victim of a killing not ever adjudicated an incapacitated person. 0 NO EXCEPTIONS ©EXCEPTIONS •® B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a-imndente lite,durance absentia,durante minoritate If Administration,c.t.m 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 not ever adjudicated an incapacitated person. 0 NO EXCEPTIONS 0 EXCEPTIONS Petitioner(s),aftera proper search has/have ascertained that Decedent left no Will and was suevivedby the following spouse(if any)and heirs(attach additional sheets,if necessary): Name Relationship Address r" Sic) t5 E b cx Form Sw--o2 rev.1011112011 Page I of 2 Oath of Personal Representative °mold E � C COMMONWEALTH OF PENNSYLVANIA } rIECI: 1?; S } COUNTY OF CUMBERLAND } SS: _ 4014 MAR -7 AM 10, i Petitioner(s)Printed Name Petitioner(s)Printed Address Robert C.Fulton Jr. to go T 1930 Ritner Highway,Shippensburg,PA I7257-9760 ORPHAN S ('OUR! Sandra L.Long 201 Sulphur_Spring Road,Carlisle,PA 17013-8729 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 ent,the Petitioners)will well and truly administer the estate according to taw. Sworn to or affirmed and subscribed before d1z_ Date 3'7 me day of %A/ �L Date By� /' / Date For the Register - Date BOND Required: YES (D No - To the Register of Wills: FEES: - Please enter my appearance by my signature below: Letters....... .. .. :.'....... . . $ 7th Attorney Signature: _ { 5}Short Certificate(s)...... 011-7 ( )Renunciation(s).. . . . . . . . ( ) Codicil(s). . . .... . . . �.i.t.pAA t-Yn n.rn.�–•:r— . { )Affidavit(s).... ... ..... Bond.. . . . . . . . . . . . . . . . . . . .. . . Printed Name: Vicky Ann Trimmer Commission. . . . . . . . . . . . . . . . . . Supreme Court Other . ....... ID Number: 49679 . .. ... .. 15 . . . . . , , , 1'5 Firm Name: Person&Heim,P.C. . . . . .. . . 1"; Address: PO Box 659 . .. ..... 1700 Bent Creek Blvd Suite, 160 ... ... . . Mechanicsburg,PA 17055-0659 . .. . . . Phone: 717-620-2440 Automation Fee. Fax: 717-620-2442 JCS Fee. . . . . . . . . . Email: vatrimmer0persnnbdra rum TOTAL. . . .. . . . . . . . . . . . . . . . . $ ' DECREE OF THE REGISTER Estate of Ruth E.Fulton File No:c 1-1 209 atkta: AND NOW, ri.r(-JA 7 in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Robert C.Fulton,Jr,and Sandra L.Long in the above estate and(if applicable)that the instrument(s)dated May 28,2002 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. Register of Wills 0 P Form RW-02 rev.1011112011 Page 2 of 2 rfr Cvf tJk J 157G OF RE'G;"—;p r X14 tia -? 0, 10: 20 Last Will and TeStame?2��B�R�t�o co pA Of RUTH E. FULTON I, RUTH E. FULTON, of Shippensburg, Cumberland County, and Commonwealth of Pennsylvania, make this my Last Will and revoke any and all of my prior Wills. ARTICLE 1. PAYMENT OF DEBTS AND FUNERAL EXPENSES. I,direct my Executor to pay all my just debts and funeral expenses from my estate. ARTICLE II. TRANSFER OF PERSONAL AND HOUSEHOLD ITEMS. My automobiles, clothing, jewelry, books, pictures, furniture, furnishings, and other personal or household items shall be transferred according to a list which I intend to attach to this Will. If there is no list, or to the extent that any such items are not included on the list, then such personal and household items shall be paid over and transferred to my children according to their own arrangements. If they cannot agree or arrange for a division in a friendly way, then my Executor may distribute or dispose of those items in any way he deems to be fair, including private sales or a public sale. If any minor becomes entitled to any items under this Article, those items may be delivered to the minor whenever my Executor decides, provided that the transfer shall take place not later than the date when the minor reaches the age of twenty-one (21) years. ARTICLE III. RESIDUE AND REMAINDER. Fulton, Ruth will 5/11/02#294950 A. All the remainder of the property that I may own or that I may be entitled to dispose of or to appoint at the time of my death shall be divided into three (3) equal shares. 1 give, devise, bequeath, and appoint one (1) equal share to each of my children. Any reference to my "child" or"children" shall refer to SANDRA L. LONG, JANET L. HALSTON, and ROBERT C. FULTON, JR.. Any reference to the masculine in my Will as it relates to my child or children shall also include the feminine wherever necessary. In the event that any child fails to survive me and leaves issue, then I give, devise, and bequeath that deceased child's share in equal parts to the issue of that deceased child, per stirpes. The share of any such issue under the age of twenty-one (21) years shall be paid over and transferred to a Trustee, IN TRUST, NEVERTHELESS, for such issue and that trust shall be administered as a separate trust for that issue according to the terms of Article III-B below. In the event that any child fails to survive me and leaves no issue, then I give, devise, and bequeath that deceased child's share in equal shares to my other children, per stirpes. B. The share of any issue of a deceased child shall be paid over and transferred to a Trustee, IN TRUST, NEVERTHELESS, for such issue if such issue is under the age of twenty-one (21) years at the time a distribution is to be made to such issue. The share of each such issue under the age of twenty-one (21) years shall be administered as a separate trust for such issue according to the following terms and provisions. The Trustee shall pay over or use, apply, and expend income or principal or both for such issue in such amounts as the Trustee, in his sole discretion, shall deem advisable in order to provide health, support, maintenance, and education for such issue. At the time when such issue attains the age of twenty-one (21) 2 years, that issue shall have the right to withdraw all the accumulated income and the entire remaining principal, and the separate trust for such issue shall then terminate. Should the principal of any such trust become too small, in the Trustee's sole discretion, so as to make the continuance of the trust inadvisable, the Trustee may terminate the trust and make immediate distribution of the then remaining principal and any accumulated income or undistributed income outright to such issue, and the rights of any other potential beneficiaries of such trust shall automatically cease and determine. The Trustee of each such trust for the issue of a deceased child of mine shall be appointed by the court that has jurisdiction of this type of matter at that time. ARTICLE IV. APPOINTMENT OF EXECUTOR. I appoint my son and daughter, ROBERT C. FULTON, JR. and SANDRA L. LONG, to be Co-Executors of this my Last Will. In the event that they are unable or unwilling to act or to continue to act in said office, then I appoint the following as alternate: First Alternate Executor: My daughter, JANET L. HALSTON. Any reference to "Executor" in my Will shall be deemed and taken to include each and every person or party named or appointed to serve as the personal representative of my estate, whether there is one or more than one. Also, any reference to the masculine in my Will as it relates to my Executor shall also include the feminine and the neuter wherever necessary. In the event that a co-executor is unable or unwilling to act or to continue to act in said office, then the other(s) may serve or continue to serve without the need for the appointment of another co-executor. Also, in the event that co-fiduciaries have been named for one or more of the fiduciary positions above, then a decision of the said fiduciary shall be made by a simple majority of the co-fiduciaries. 3 ARTICLE V. WAIVER OF BOND. To the extent that such requirements can legally be waived, I direct that no Executor named in my Will or any persons succeeding in that office, whether in the Commonwealth of Pennsylvania or elsewhere, shall ever be required to post any bond or give any security in connection with his duties. ARTICLE VI. EXECUTOR'S POWERS. In addition to powers given him by law and by other provisions of my Will, my Executor shall have the following powers, applicable to all property held by him, and these powers shall be effective without court order and until actual distribution: A. To sell at public or private sale, mortgage, exchange, transfer, or lease for any period of time any real or personal property and to give options for sales, exchanges, or leases for such prices and upon such terms or conditions as he deems proper. No purchaser shall be held liable to see to the application of any purchase money; B. To retain any and all of the assets of my estate, real or personal, in the sole discretion of my Executor, without being restricted to investments authorized for Pennsylvania fiduciaries and without regard to any principle of diversification or risk; C. To delegate discretionary powers to agents, remunerate them, and pay their expenses; D. To collect rents and other proceeds from real estate, paying all carrying charges and making such repairs as he may deem proper, all without the necessity of obtaining leave of any court; E. To carry on any business owned or controlled by me at the time of my death for whatever period of time he shall think proper, with full powers in the property, including the power to borrow and to pledge assets contained in my estate as security for said borrowings; 4 F. To exercise any rights or elections to pay death taxes in installments and to make interest payments on such installments as a charge against the principal of my estate; G. To disclaim on my behalf any interest as my Executor deems advisable. All the foregoing powers, together with those granted by law to executors, may be exercised by the Executor named in my Will and by all persons succeeding in said office, including administrators with Will annexed. IN WITNESS WHEREOF, I, RUTH E. FULTON, the Testatrix, have to this my Last Will, typewritten on six (6) sheets of paper(including the witnesses' signatures), of which this is Sheet No. 5 set my hand and seal this day of 20 02 (SEAL) u h E. Fulton 5 SIGNED, SEALED, PUBLISHED, AND DECLARED, by RUTH E. FULTON as and for her Last Will, in the presence of us, who at her request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses this 2B day of 2obz ADDRESS C OUr CtSIe {pc,_ Witnes s 1 Town and State 14 /� ADDRESS &LL1151e, , P,4 Witness Town and State ADDRESS Witness Town and State 6 e ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF 6U17'e >✓cv/"4 NQ The Testatrix, Ruth E. Fulton, whose name is signed to the foregoing instrument and the witnesses whose names are signed to the foregoing instrument, being duty qualified according to law, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of the witnesses, in the hearing and presence of the Testatrix, signed the Will as a witness; and that to the best of their knowledge and belief the Testatrix was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. .� (SEAL) th E. Fulton s�R�t (SEAL) Witness J ff �..1 '/') (SEAL) Witness (SEAL) Witness Subscribed, sworn to and acknowledged before me by Ruth E. Fulton, the Testatrix, and subscribed and sworn to before me by } z =SE l4exr- and the witnesses, this day of / "l _ , 20 -0 � cu _g (Notary Public) Notaria Seal V'�cky Mn Trimmer,Notary Public :294950_l Susquehanna Twp.,Dauphin County . My Commission Expires Mar.1 S,2006 Member.PenroAvania A%odation of Notaries