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HomeMy WebLinkAbout03-28-14 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 � Name: PAULINE C. MOWERY File No: -��" �� � �� �.J �a: (Assigned by Register) a/k/a: �a: Social Security No: Date of Death: 11/17/2013 Age at death: 94 Decedent was domiciled at death in Cumberland County, PA (State) with his/her last principal residence at 121 Walnut Bottom Rd 17257 Shippensburg Twp Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 121 Walnut Bottom Road 17257 Shippensburg�Shippensburg Twp Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedenYs property at death: If domiciled in Pennsylvania................................All personal property $ 3,875.65 /jnot domiciled in Pennsylvania.............................Personal property in Pennsylvania $ !f not domiciled in Pennsylvania.............................Personal property in County $ Value of rea[estate in Pennsylvania.............................................................. $ TOTAL ESTIMATED VALUE.... $ 3,875.65 Real estate in Pennsylvania situated at: (Attach additiona!sheets,ifnecessary.) Street address,Post Otfice and Zip Code City,Township or Borough County � A. Petition for Probate and Grant of Letters Testamentarv Petitioner(s)aver(s)he/she/they is/are the Execu[or(s)named in the last Will of the Decedent,dated 1 1/3/2004 and Codicil(s) thereto dated - State relevant circumstances(e.g.renunciation,deatd of executor,etc.) Except as follows:after the execution of the 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 bom or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. � NO EXCEPTIONS ❑EXCEPTIONS � Q � ❑ B. Petition for Grant of Letters of Administration(If applicable) n `—'� c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,duran b�tia,dura�min��a� �7 = O If Administration,c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete li�o}$e,irs. � �'? � � f� N �,.�.� ;ri Except as fol►ows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had beent�sta Y�r'st�t3 as d�fj�ed ,;�� �-� in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. ": Cr? �; ,,-.j �-y ❑ NO EXCEPTIONS ❑EXCEPTIONS � � ca � a "�v .. � �� c� -n .'�_ � Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following sp�t+3e�any)and I�gjrs(a�ach� additionalsheets, ifnecessaryf: � —'� � p F-� Name Relationship Address Form RW-02 rev. 10/11/201/ Page 1 Of Z Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } COUNTY OF CUMBERLAND } SS: } Petitioner(s)Printed Name Petitioner(s)Printed Address 1814 Tuscarora Court Grace M. Reese Frederick MD 21702 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[hat as Personal Representative(s)of the Decedent,the Petitioner(s)will well and truly admiaister the estate according to law. Sworn to ffirme�an bscribed before -'�� � me 1 Yhda o 2014 --�°`°,� •La�.��'�-!� Date r By. Date° � Fvr the Register G � Date i"x7 � � � Date�- G� Q � �'J fJ7 BOND Required: ❑ YES � NO r`" � �" � �.� P�� � FEES: To the Register of Wills: D� � �- � ��� �"� Please enter my appearance b m si �� � � I i �y ,c�� Y Y ��'Se�low� ',7 –sl Letters. . . . . . . . . . . . . . . . . . $ � � �-'C.� _ � ` Attorney Signature: O � � � � � ( � )Short Certificates(s) . . . . , . ( )Renunciation(s) . . . . . . . . . . . � � �, � � ( )Codicil(s) . . . . . . . . . . . . . . �� ••.�7 ( )Affidavit(s). . . . . . . . . . . . . Bond . . . . . . . . . . . . . . . . . . . . . . . . . Printed Name Jill M. Wineka. Esq Commission . . . . . . . . . . . . . . . . Supreme Court O�the� . , , . , ` ID Number: 58802 _ _�� �l � ' . . . . . . . . >� �.. �,f'�; Firm tvame: Purcell Krua & Haller ,_���1; ' _ , �� . . . . . . . . . . , . , , . . (`�, :�. Address: 1719 North Front Street . . . . . . . . . Harrisburq PA 1710� � � � � � � � Phone: �717)234-4178 . . . . . . . . . Automation Fee . . . . . . . . . . . . . . . . . , � , (� F�� 1717) 783-4939 Jcs Fee . . . . . . . . . . . . . . . . . . . . . . . , .U�, Ema�i: winekanp pkh com ToTAL . . . . . . . . . . . . . . . . . . . . . . ' $ '� DECREE OF THE REGISTER Estate of PAULINE C. MOWERY �� - I� � �2�� a/k/a: File No: AND NOW, S� � �,�r� �� satisfactory proof havmg been presented before me,IT IS ECREED that Letter�ln cons� ration of the foregoing Petition, are hereby ganted to C e �,1 ��e� '��' — -- the instrument(s)dated � in the above estate and(if applicable)that described in the Petition be admitted to probate and filed ofrecord as the last Will(and Codicil(s))oi Decedent. � Form RW-02 rev.l0/1!/201! Register of Wills — Pa e2of2 � � .� `.� � r C:7 � �;7 p :i � .�e r;n ..� � C'? a �-�;y j.�� � . . -;.i -,y 1°" ^� ...� i t"i a,__ '—'.�. �"l QJ ::1:7 `�"7- .'.;) - c ., c.':� ...._ `..• "Z.7 m�� : --� C? C::� �� �� � <� "��1 � G7 LAST WILL AND TESTAMENT •``' � `-'' r-�- � -v --� � U' �. OF � ,j;` PAULINE C. MOWERY I, PAULINE C. MOWERY, of iUl North Prince Streei, Shippensburg Fast �ffice, Cumberland County, Pennsylvania, revoke any prior Wills and Codicils and declare this to be my Will. ITEM 1. I give my automobiles,household and personal effects and other tangible personalty of like nature (not including cash and securities), together with any existing insurance thereon, in as nearly equal shares as practicable, to my children, SAMUEL A. MOWERY, MARY C. MASON, CHARLES B. MOWERY,NORMAN G. MOWERY, JOY M. MOWERY, GRACE M. REESE, and EVA JANE TUTCH. The gifts in this Item 1 of my Will are subject to the deductions set forth in Item 2 regarding gifts to JOY M. MOWERY and SAMUEL A. MOWERY. ITEM 2. I give all the rest, residue, and remainder of my estate in equal shares to my children, SAMUEL A. MOWERY,MARY C. MASON, CHARLES B. MOWERY, NORMAN G. MOWERY, JOY M. MOWERY, GRACE M. REESE, and EVA JANE TUTCH, each to receive his or her share upon surviving me by thirty days. Notwithstanding this bequest, however, with this bequest and the bequests of Item 1 of this Will, I direct that there be deducted from the share of JOY M. MOWERY the total sum of Three Thousand Dollars ($3,000),which I 313755-1 had previously extended to her as a loan. I also deduct from the share of SAMUEL A. MOWERY the total sum of Eight Thousand One Hundred Forty-One Dollars ($8,141). These deducted sums shall be given instead in equal shares to my other children or their issue per stirpes. ITEM 3. If any child is not living on the thirty-first day after my death, I give his or her share tu nis or her issue per stirpes who survive me by thirty days. If any child is not livir_g on the thirty-first day after my death and leaves no issue who are living on the thirty-first day after my death, that child's share shall lapse and be given instead to my other beneficiaries in proportion as they take shares of my estate. ITEM 4. I direct that all my just debts and the expenses of my illness and burial, including my grave marker, shall be paid from my residuary estate as soon as practicable after my death as part of the expense of the administration of my estate. ITEM 5. In addition to the powers granted by law or by other parts of this Will, my Executrices and Trustee shall have the following powers: (a) To retain any and all assets of my estate and trust, real,personal, or mixed, without regard to any principle of diversification,risk, or productivity, except as may be otherwise expressly provided herein; (b) To sell at public or private sale, to exchange, to lease,to pledge, to mortgage, to transfer, to convert, or otherwise dispose of, and to grant options with respect to, any and all property, real, personal, or mixed, at any time forming part of my 313755-1 estate or trust estate in such manner, at such time or times, for such purposes, for such price or prices and upon such terms, credits, and conditions as may be deemed advisable; (c) To invest and reinvest the estate and trust property in stocks, bonds, mortgages, notes, insurance policies, annuities, common trust fund participation, or other property of any kind, real, personal, or mixed, irrespective of any statute, case, rule, or custom limiting the investment of trust funds, except as expressly provided otherwise herein; (d) To settle, compromise, contest,prosecute, or abandon claims in favor of or against my estate or any trust as may be deemed advisable; (e) To allocate receipts and disbursements to principal or income or partly to both and to ascertain principal or income in accordance with the laws of the Commonwealth of Pennsylvania; (fl To make distribution or division of the trust or estate in cash, in kind, or partly in both, to postpone distribution by agreement with a beneficiary and to distribute articles of tangible property to a minor or to any person to hold for a minor within the limits authorized by statute or rule of law; and (g) To exercise any law-given option to treat administration expenses either as income tax or estate tax deductions,without regard to whether the expenses were paid from principal or income, and without requiring reimbursement. ITEM 6. Notwithstanding any other provision of this Will, I direct that if any beneficiary of mine is under twenty(20) years of age,my Trustee shall retain whatever share such beneficiary otherwise would have received hereunder and apply so much of such share or 313755-1 the income thereof as my Trustee considers advisable for the beneficiary's support, education, and maintenance, accumulating any income not needed for these purposes. It is my wish that such beneficiary have an education beyond high school, if desired, and funds may be used for such education if the beneficiary so desires, including vocational and business school, college, graduate, and post-graduate school. When a beneficiary attains the age of twenty(20) years, the Trustee shall distribute to such beneficiary the then remaining principal and income of his or her share, discharged of the trust, or shall be paid to such beneficiaries of the estate in the event of death prior to that time. ITEM 7. No interest of any beneficiary under this Will or any trust established hereunder or any codicil hereto shall be subjected to anticipation. ITEM 8. No bond shall be required by my Executrices and Trustee,but if bond is nevertheless required, it shall be without surety. - ITEM 9. I appoint my daughters, GRACE M. REESE and EVA JANE TUTCH, Executrices. If either of my daughters fail to qualify or cease to act, the remaining daughter shall serve as Executrix. ITEM 10. I appoint MANUFACTURERS AND TRADERS TRUST COMPANY, (M&T BANK), successor to Allfirst Bank, Trustee. If, however,this Bank declines to serve as Trustee of any trust, I appoint my Executrices, or the survivor of them, as Trustee(s). 313755-1 ITEM 11. I note to my Executrices that I have retained the services of Jered L. Hock, Esquire, and the firm of Metzger, Wickersham, Knauss &Erb, P.C., in connection with the writing of this Will. Executed this�3� day of No�embe.c' , 2004. , -�°C%�c�� G' yh, ��c�� Pauline C. Mowery Signed, sealed, and published and declared by the above-named Testatrix, PAULINE C. MOWERY, as and for her Last Will and Testament, in the presence of us,who, at her request, in her sight and presence, and in the sight and presence of each other, have hereunto subscribed our names as witnesses. .— �/� -- � � Address �•� G�.•���l...��r� Address Z, �_ ��- 313755-/ Commonwealth of Pennsylvania : : ss County of �ci;��h�,�, : We,PAULINE C. MOWERY, and pa�;d N ����;nP Q� , and .�e red L. I�-4o�� ,the Testatrix and the witnesses,respectively,whose names are signed to the attached ar 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 had signed willingly(or willingly directed another to sign for her), 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 our knowledge the Testatrix was at that time eighteen years of age or older,of sound mind and under no constraint or undue influence. c �� �� � ���� Testatrix �.��-`"�`7 �di% - - -/, Witness Witness SWORN to or affirmed and acknowledged before me by the above named Testatrix and witnesses this�day of Q�,,,,��I�,�- , 2004. Notary Pu ic My Commission Expires: (SEAL) Notarial Seal Angela M. Miller, Notary Public City of Hartisburg, Dauphin County My Commission Expires Oct. I5, 2006 313755-1 RENIINC�ATrON � a ° �, � � � � ? ,� � � ° REGISTER OF WILLS `'' � CLUnberland � �,. � rv --� �' C��'I',PENNSYL�rAj� �'�;" °' rr;� c� c� -v -, ,-� c� o -� 3 .:;�.� `,.r v c A._ -�n - : � �', �°" m 2+,�, �,,, r Estate of Pauline C -v "' -° Mowery I, Eva Jane Tutch � Deceased executer �'Tnt N�� �my capacity/relationship� administer the Est�te of the Decedent anci res �f�e above Decedent,hereby r�nounce t�e ri pectfull �t to G�Ce Y request that I,�tte� be issued to . Reese � IC (Date� ��� (S+Bnature) � ��� (Street Address) � � (Cth;State,Zip) " ` � ��p� " Executed in Reg�ter's p�Ce S�'orn to or afi�"ut�ed and subscribed �ecuted out o , before me this f Reg�ter s pf.�ee of day Before the undersigned personall a P�y executirig t�ls renuncianon y ppe�ed the that he or she executed the renunc ation ofi� �os�stated within on t�is�_�e y�' " Y � c�Ul� DepUty for Register of Wills �� �� .�.���^ �5 Notary public MY Commission Expues: �S�g�►ature and S��of Notary or other official q�ua]ified to administer oati�s. S}ww d��ofexpiration ofNotazy's Commission.) Fnrin RW-Oh rev. �`�•'r''°w'+�e.vo �2�3.nh �� No����� ��C�PA Cpt�ITy ���►�.°'�'ra"�°�.�+e.r.aw��7.20t4 �►