HomeMy WebLinkAbout03-16-05
PETITION FOR PROBATE and GRANT OF LETTERS
Sylvester A. Mixell No 21-05 -~J..~ ~
To: Register of Wills for the
County of Cumberland in the
204-03-1929 Commonwealth of Pennsylvania
Estate of
also known as
Social Security No.
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older and the executrix
in the last will of the above decedent, dated June 10,2003
and codicil(s) dated N/A
named
(state relevenat 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
177 Centerville Road, Penn Township
(list street, number and municipality)
Decedent, then 84 years of age, died
at Penn Township, Cumberland County
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: No Exceptions
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:
Jan. 10,2005
$ unestimated
$
$
$
Total:
unestimated
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters testamentary
(testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
thereon.
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Kathleen C. Mixell
177 Centerville Road
Newville PA 17241
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UATH Ul" Pt.:KSUNAL Kt.:PKSt.:NTATl V t.: ,.c .~-,
COMMONWEATLH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing pdt~gn are
true and correct to the best of the knowledge and belief of petitioner(s) and that as personall'~ptesen- ,,_
tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. r<'~,
Sworn to or affirmed and subscribed ~ '" r ~(<1fo.1!. h.1 ~4
before me this '\ ~3, \.. day of "" ~~ ~, ~ ~~
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Register
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REGISTER OF WILLS OF CUMBERLAND COUNTY
OATH OF SUBSCRIBING WITNESS
ROBERT M. FREY and TRISHA A. LIESS
(each) a subscribing witness to the will presented herewith, (each) being duly qualified according
to law, depose(s) and say(s) that they were present and saw Sylvester A. Mixell, the testator sign
the same and that they signed as a witnesses at the request of testator in his presence and (in the
presence of each other) (in the presence ofthe other subscribing witness(es)).
Sworn to or affirmed and subscribed before
me this , \0 ~ day of
~~'\~ I 2005
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ROBERT M. FREY
5 South Hanover St. Carlisle
,
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TRlSHA A. LIESS
5 South Hanover St.. Carlisle PA 17013
(each) a subscriber hereto, (each) b . g duly qual' ed according to law, depose(s) and say(s) that
they are familiar with the signature o~ ~'''''., . ' (one of the S~b~c~bing witness~s. to) the will
presented herewith and that each behev t~."slgnature on the wIllIS In the handwTlting of
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to the best of our kn ledge anCt-t>elief. - .
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OF WILLS OF CUMBE
OF NONSUBSCRIBIN
D COUNTY
ITNESS
Sworn to or affirmed and subsc .
me this
Register
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H105.805 REV 9/86 .... II.
Th' . 'f h h' f" ". .a.. \ ~~ S - ~ J... ""~
IS IS to ~ertl y t at t .e .mlorma~I?n here. gIven IS correctly copIed from an original certificate ofCleatn duly tiled with
Local RegIstrar. The ongmal certIfIcate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
me as
No.
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Local Registrar ~
Fee for this certificate. $2.00
p
11018028
JAN 1 1 2005
Date
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10
..
Hl05.t"'~II'I.2187
COMMONWEALTH OF PENNSYLVANIA. OEPARTMENT OF HEALfH . VITAL RECOROS
CERTIFICATE OF DEATH
PiElPRfHT
IN
tllA/OENT
.ACKII/t(
bZ.\
NAME OF OECEDENT IF.... Mid(te. to.,
.. Sylvester A. Mixell
-iLUl_ UHIlER 1 YEAR
_ Do,.
SEX
STAtt FilE NUMBER
5OCJ.4l SECURIT't NI,JM8ER
>Male
.. 204 - 03
1/10/2005
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PlACE CW DEATH (Chedi Ofttyl]N ...'r'IS1fUCt!OnS onoawr __I
HOSMlIL
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1. ...
FAOUTY I\lAME (It not 1OSMUhDr\. QMII SUeel and I'1l..Imben
BJRTHPlACE IC~ iIA(I
sa..Q1 FcrtlgllCotona'V)
84
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COUNTY OF OERH
,....
Did
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Cumberland - 'Till ::..."':".::'.,
IIOTHEIl'S......\Fnl. _. _&.mama)
... Cora L. Pech'ilrt
lNFOAMANT'$......... AIlDf1ESS_. """""" _lip~
177 Centerville Rd., Newville, PA 17241
PlACE OF 00SP0SmClN....... .,c.-", "'- lOCoG1OH......-.. ......lip<:.-
..""'"'-
Eagle Cranation Srves.... Leola, PA
NAME ANDAOQRESSOF FACIlJ1Y
in Brothers Funeral
MAfUlAL STATUS- w.m.cI
NeoM~,~.
_ts_
...Married ...Kathleen C.
11..1KI.....__.. West Peimsroro
RAce - Amencan IncIeft.. 8Iack. WhU. etc.
-
'0. White
SUR\ltV1NG SPOUSE
lIfi!lM. ~malden~
.. Cumberland
Bailey
177 Centerville Road
.... Newville, PA 17241
FRltER'S NAME 1F'nt. Middle. Last)
1. Jamb L. Mixell
_s......(1_P""l
Kathleen C. Mixell
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I Appruimare PARI' :
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0UE1O(OR AS ACONSEOUENCE OF):
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WERE AUTOPSY FINDINGS
"""tAllLEPRIOAlO
COOotPlE11OttOF CAUSE
01' DERH?
"AHNER Of 0EAJ}f
DATE: Of INJURY
(ManIh. o.y. ....
TlIlEOFlHJ\JftY
HNAV R'IlW)Rl(1 DESCRIBe HOW It.UURYOCCUAREQ.
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'1lEI)1CAL EXAlllNElVCORONER
On 11M buia of ellUl'lln"lon andItH (nv..tlgation, In my opinion. death occurred.t 1M time, date, and place. and due to the CauM(5) aIWf
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.ClllTIFYJNG PMYIICIAN (PhySlClW\certIfyino cause d dnI'l ~ ~ tIlySllC.an ha$prClnOUfQOaaIt anctccrnpeledbn 23)
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.PRONOtJNtING AND CERTIFYING PftYSICLUI~ boItt J,ll'0I"I0utICII'lg deaIh andcen&fyInQ 1ocau5e 01 deathl
7o"beeloI"")I~. dMlhOCCWNd at""""'. da... .ndptac..and"'~"'c.UM(.I.ndm.",.......e.tH....._... __.... ._...... ...
REGISTRA.A'SSIGNATUREANDNUUBE~ . " ~
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LAST WILL AND TEST AMENT
OF
SYLVESTER A. MIXELL
I, SYLVESTER A. MIXELL, of West Pennsboro Township (mailing address: 177
Centerville Road, Newville, PA 17241), Cumberland County, Pennsylvania, being of sound and
disposing mind, memory, 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 by me at any time
heretofore made.
1. I direct my hereinafter named Executrix or Executors to pay all of my just debts and
funeral expenses as soon after my death as may be found convenient to do so. I direct that my
body be cremated and that my funeral services be conducted by Ewing Brothers Funeral Home, 630
South Hanover Street, Carlisle, Pennsylvania, and that my ashes be delivered to my Executrix or
Executors for disposition in whatever manner is deemed appropriate by my Executrix or Executors.
2. I direct that all inheritance, transfer, estate, succession, and death taxes which may be
payable on account of my death, including interest and penalties thereon, shall be paid from the
residue of my estate regardless of whether the assets upon which such taxes are based are included
in my probate estate.
3. All the rest, residue, and remainder of my estate, real, personal, or mixed, and
wheresoever the same may be situate, I give, devise, and bequeath to my wife, KATHLEEN C.
MIXELL, her heirs and assigns, to the exclusion of my children, born and unborn.
4. Should my said wife, Kathleen C. Mixell fail to survive me, I give and bequeath all
lawn care equipment and tools including tractors and mowers to my son, PAUL A. MIXELL, but
should he predecease me then the same shall lapse and be included in the residue of my estate.
5. If at the time of my death I am the owner of the mobile home park located at 75
Bonnybrook Road in South Middleton Township, Cumberland County, Pennsylvania, I give, devise,
and bequeath the same, including all mobile homes and equipment located at said park which are
owned by me, in equal shares to my two sons, PAUL A. MIXELL and WAYNE MELVIN
MIXELL, their heirs and assigns, provided each of them shall survive me by a period of ninety (90)
days, but should either of them fail to so survive me then the share such deceased son would have
received shall pass to such of his legitimate issue as shall survive me by a period of ninety (90)
days, their heirs and assigns, per stirpes.
6. Should my said wife, Kathleen C. Mixell fail to survive me, then in such event, 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 as follows:
(a) 5% to my grandson, PAUL A. MIXELL, JR., his heirs and assigns,
provided he shall survive me by a period of ninety (90) days, but should he fail to
so survive me then to such of his legitimate issue as shall survive me by a period
of ninety (90) days, their heirs and assigns, per stirpes, and if there be no such
issue the same shall lapse and be added proportionately among the other legatees
set forth in subparagraphs below.
(b) 5% to my granddaughter KATHY FREDERICK, nee MIXELL, her
heirs and assigns, provided she shall survive me by a period of ninety (90) days,
but should but should she fail to so survive me then to such of her legitimate
issue as shall survive me by a period of ninety (90) days, their heirs and assigns,
per stirpes, and if there be no such issue the same shall lapse and be added
proportionately among the other legatees set forth in subparagraphs above and
below.
(c) 5% to my grandson, ANTHONY WAYNE MIXELL, his heirs and
assigns, provided he shall survive me by a period of ninety (90) days, but should
he fail to so survive me then to such of his legitimate issue as shall survive me by
a period of ninety (90) days, their heirs and assigns, per stirpes, and if there be no
such issue the same shall lapse and be added proportionately among the other
legatees set forth in subparagraphs above and below.
:' )
(d) 5% to my great-grandson TYLER A. MIXELL, his heirs and assign~
provided he shall survive me by a period of ninety (90) days, but should he fail to
so survive me then to such of his legitimate issue as shall survive me by a perioq.
of ninety (90) days, their heirs and assigns, per stirpes, and if there be no su~h
issue the same shall lapse and be added proportionately among the other legatefts
Page 1 of 2 pages
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set forth in subparagraphs above and below.
(e) 20% to my son, PAUL A. MIXELL, his heirs and assigns, provided
he shall survive me by a period of ninety (90) days, but should he fail to so
survive me then to such of his legitimate issue as shall survive me by a period of
ninety (90) days, their heirs and assigns, per stirpes, and if there be no such issue
the same shall lapse and be added proportionately among the other legatees set
forth in subparagraphs above and below.
(f) 20% to my son, WAYNE MELVIN MIXELL, his heirs and assigns,
provided he shall survive me by a period of ninety (90) days, but should he fail to
so survive me then to such of his legitimate issue as shall survive me by a period
of ninety (90) days, their heirs and assigns, per stirpes, and if there be no such
issue the same shall lapse and be added proportionately among the other legatees
set forth in subparagraphs above.
7. The meaning of "legitimate issue" as used in this Last Will and Testament shall
be limited to a child or children born to a female descendent of Testator regardless of whether the
mother is married to the father of such child or children, and shall be limited to a child or children
born to a male descendent of Testator where the father of such child or children is married to the
mother either before or after the birth of the child or children. In any case the meaning of child or
children or legitimate issue as used above shall not include any adopted child or children.
8. I hereby nominate, constitute, and appoint my wife, KATHLEEN C. MIXELL,
as Executrix of this my Last Will and Testament, but should she predecease me or fail to qualify, or
cease serving as such, then in such event I nominate, constitute, and appoint my two sons, PAUL A.
MIXELL and WAYNE MELVIN MIXELL, as alternate or successor Executors and I further
direct that none of them shall be required to post any bond to secure the faithful performance of his
or her duties in the Commonwealth of Pennsylvania or in any other jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and
Testament written on 2 pages, this 10th day of June, 2003.
~ fP/!'~SEAL)
S VESTER A. MIXE
Signed, sealed, published and declared, by SYLVESTER A. MIXELL, the Testator above
named, as and for his Last Will and Testament, in our presence, who, in his presence, at his request,
and in the presence of each other, have hereunto subscribed our names as attesting witnesses.
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