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HomeMy WebLinkAbout06-09-14 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 .%L I _ '� ( �.O�� Name: ELEANOR W.WOOD File No: `7 ��a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: MAY 25 2014 Age at death: 91 Decedent was domiciled at death in CUMBERLAND County, PF.NNSYI.VANIA (srare)with his/her last principal residence at 33 BU�OCK CIRCLE CARLISLE 17015 S MIDDLETON TOWNSHIP CUMBERLAND_ Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 33 B i OCK CIRCLE CARLISLE 17015 S MIDDLETON TOWNSHIP 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 $ 500,000.00 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. ... $ 500.000.00 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 Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated DECEMBER 21, 1999 and Codicil(s) thereto dated AUGUST 29 2001 State relevant circumstances(e.g.renunciation,death 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 born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. Q NO EXCEPTIONS Q EXCEPTIONS "' c=.- --�c ^� � ❑ B. Petition for Grant of Letters of Administration (If applicable) "°�" � ""� c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,dura��a nt{ia,du�e mi�or�e If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above and compl��I�t�i�'heirs. ,,=; �=;� - - .�-'� °r �':y Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had�i�err established as def�n�ed in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. `-=' C-� � 'L7 -,� -r-i c-� c� --r� � ,...._ R� Q NO EXCEPTIONS Q EXCEPTIONS � G- " " �7 _.0 c^y Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following,�aa�e(if any)and heij�s{a�ch additional sheets, if necessary): � � � � N Name Relationshi Address F�Ymnwoz rev. ion�i?o�i Page 1 of2 � � Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Petitioner(s)Printed Name Petitioner(s)Printed Address DAVID A.BEARDSLEY 37 WAINWRIGHT AVENUE CLOSTER NJ 07624 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 that,as Personal Representative(s)of the Decedent, e etitioner(s)wi well and truly administer the estate accordin to law. Sworn to or affirmed and subscribed before Q• Date 6" 020�� me t i day f ,�_� Date By� Date For the Register Date BOND Required: Q YES Q NO To the Register of Wills: FEES: Please enter my a pearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ 410.00 Attorney Sig tu : � ( 5 ) Short Certificate(s). . . . . . 25.00 � ( )Renunciation(s).. . . . . . . . ( 1 )Codicil(s). . . . . . . . . . . . . 15.00 , ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printe e: MARCUS A.McKI�TI ,III Commission. . . . . . . . . . . . . . . . . . S reme Court Other . . . . . . . . ID Num er: �� WILL . . . . . . . . 15.00 INVENTORY . . . . . . . 15.00 Firm Name: IRWIN&McK1vIGHT,P.C. INH TAX RETURN . . . . . . . . 15.00 Address: 60 WEST PQMFRF,T STR�F.�:T � �� � �� rn C'ARI.iSi.E,�A L701� -c-s �.� �' �— F r_� . . . . . . . � -� ..: r � —t7 ,��, ;y �=J . . . . . . rTl _..4, C,"::: - �:--1 . . ,_..� ... . . . . . . . . Phone: (717)249-235,� .� �_ t--� .• t-;; Automation Fee. . . . . . . . . . . . . . . 5.00 Fax: (717)249-63�4 -. ' � - � - �.,.�— JCS Fee. 23.50 Email: - �- - . . . . . . . . . . . . . . . . . . . . TOTAL. . . . . . . . . . . . . . . . . . . . . $ 523.50 ' �`� c:� ...:z �.� c� -- � c� �-- ---_ c �-3 QJ i"" i'�1 DECREE OF THE REGISTER -� -° � a � � � Estate of ELEANOR W.WOOD File No: �� " �y—���j a/k/a: AND NOW, �� � C� �{�nf� ,��, in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters TESTAMENTARY are hereby granted to DAVID A.BEARDSLEY in the above estate and(if applicable)that the instrument(s)dated DECEMBER 21, 1999 / AUGUST 29,2001 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. _ � egister of Will � �� Form RW-02 rev. 10/11/?011 PagE;2 Of 2 N O � s � m c o sr� � �� � C � 0 i� � z c:� =�.7 �.;� c� �� :,� -- �_� r�� • " c.o r�, ;:a WILL C; -�'1 '�, c) �.._7 �� � "� ..�r7 -•i . � � � 3 ... �'1 . I, ELEANOR W. WOOD, of 33 Bullock Circle, Carlisle, Cumberland ��ty, Per�psy��a�, declare this to be my Will and revoke all prior Wills and Codicils. ' --i r -� �...., cn o :.� N �i ,° FIRST: Disposition of Remains I wish my body to be cremated and my ashes to be placed in Mayflower Cemetery, Duxbury, Massachusetts, Lot 65, known as George Weston Lot beside those of my husband, Robert L. Wood, or if this is not possible, that my ashes be disposed of as my family sees fit. SECOND: Tangible Personal Property. I give all tangible personal property owned by me at my death and all insurance policies on such property as follows: (a) To those individuals who survive me by thirty days who are designated on a list or memorandum signed by me which refers to this Will or is found with a copy thereof, the items listed beside their names; provided that no such list or memorandum shall be valid unless it is received by my Executor within sixty days of my Executor's qualification. � (b) The balance lincluding any item under subparagraph (a) the bequest of which has Iapsed) in equal shares to my sisters, MARTHA J. BEARDSLEY and JOAN Q. MEDLIN. As to any item on which my sisters do not agree, my sisters shall draw lots to determine the order in which they shall select from the remaining items and when the order of selection is determined, my sisters shall then select items for themselves in that order until all items have been chosen. For purposes of this selection process, an "item" shall mean and include all pieces of any set, for example, a set of china, which naturally should be kept together. (c) With respect to any item passing under subparagraph (a) or (b) to a minor, my Executor (i) may hold and deliver it to the minor at majority or earlier, or deliver it to any person to hold for the minor; or !ii) may sell it, !��!d a^d Envest the p,��eecls and, at any �ime, pay the proceeds to the minor, to the Custodian appointed in this Will or to the guardian of the person or estate of the minor to hold for the minor, or apply the proceeds for the minor's benefit for any reason without considering other funds available to the minor. The receipt of any person who receives an item or payment hereunder shall be a complete discharge to my Executor. (d) My Executor shall pay, as an expense of settling my estate, all costs of delivering such tangible personal property, including the costs of packaging, delivery and insurance. l�l/ PAGE ONE OF SIX PAGES THIRD: Residue. (a) i give, devise and bequeath the sum of ONE THOUSAND DOLLARS ($1,000.00) to MAYFLOWER CEMETERY, Duxbury, Massachusetts, for the perpetual care of my grave site, as more particularly referenced in Item FIRST above. (b) I give, devise and bequeath the sum of ONE HUNDRED FtFTY THOUSAND DOLLARS (5150,000.00) to the UNITED PARISH CHURCH, 1306 Hancock Street, Quincy, Massachusetts. (c) I give, devise and bequeath the sum o# FIVE THOUSAND DOLLARS (55,000.00) to each of my nieces and nephews who survive me. (d) I give the remainder of my estate in equal shares to my sisters, MARTHA J. BEARDSLEY and JOAN Q. MEDLIN, who survive me, per stirpes. FOURTH: Spendthrift Provision. Until distributed, no gift or beneficial interest shall be subject to anticipation or to voluntary or involuntary alienation. FIFTH: Death Taxes. (a) All death taxes (and interest and penalties thereon) imposed upon any property passing under my Will and upon proceeds of insurance on my life, but not otherwise, shall be paid out of my residuary estate. SIXTH: Administrative Powers. My Executor shall have the following powers in addition to those conferred by law until all property is distributed: (a) To retain any real or personal property in the form received and to sell it at public or private sale. (b) To manage real estate. (c) To purchase all forms of property without being confined to so-called legal investments and without regard for the principle of diversification. (d) To exercise any option or rights arising from ownership of investments. � PAGE TWO OF SIX PAGES (e) To compromise claims without order of court or consent of any legatee. (f) To distribute in cash or in kind. (g) To employ accountants, agents, investment counsel, brokers, bank or trust company to perform services for and at the expense of my estate and to carry or register investments in the name of the nominee of such agent, broker, bank or trust company. The expenses and charges for such services shall be charged against principal or income or partly against each as my Executor may determine. My Executor is expressly relieved of any liability or responsibility whatsoever for any act or failure to act by, or for following the advice of, such accountants, agents, investment counsel, brokers, bank or trust company, so long as my Executor exercises due care in their selection. The fact that an Executor may be a member, shareholder or employee of any accounting, investment or brokerage firm, agent, or bank or trust company so employed shall not be deemed a conflict of interest. Any compensation paid pursuant to this subparagraph shall not affect in any manner the amount of or the right of my Executor to receive commissions as a fiduciary. (h) With respect to the interest vesting in a beneficiary who, in the opinion of my Executor, is incapacitated by reason of age (other than minority) or illness (mental or physical) when such interest vests in him or her: to hold the interest during his or her incapacity and to invest the interest and all accumulations thereon; to apply so much of the income and principal as my Executor deems advisable for such beneficiary's benefit for any reason without considering other funds available to him or her; and to deliver the balance of principal and income to the beneficiary at such time as he or she gains capacity. In addition, at any time to pay the entire interest to the guardian of the estate of the incapacitated beneficiary to hold for his or her benefit. The receipt of a guardian or such other person as may be selected by my Executor to receive a distribution under this subparagraph shall be a full and complete discharge to my Executor. SEVENTH: Definitions. (a) The words "Executor," "Guardian" and "Custodian" when used herein shall include all genders and the singular and plural as the context may require. (b) When distributing residue to the descendants "per stirpes" of any individual under this Will, such residue shall be divided into as many equal shares as there are children of such individual then living and such children then deceased represented by descendants then living, and each then living child shall receive one share, and the share of each deceased child shall be divided among his or her descendants in the same manner, repeating this pattern with respect to succeeding generations until all shares are determined. � ��-C�' PAGE THREE OF SIX PAGES (c1 Paragraph headings in this Will are for reference only and shall not affect the meaning, construction or effect of this Will. EIGHTH: Custodian. (a) I appoint such individual or corporation (including a fiduciary serving hereunder) as is designated in writing by my Executor or Trustee as Custodian for (i) any beneficiary who has not attained age twenty-one (21) at the time an interest is distributable outright to him or her under this Will, and (ii) except to the extent a valid appointment of a Custodian has otherwise been made, any person who has not attained age twenty-one (21) at the time an interest is distributable outright to him or her as the result of my death from any other source. Such appointment shall be deemed to be made under the Uniform Gifts to Minors Act or Unitorm Transfers to Minors Act then in effect in: 1 . The jurisdiction in which I am domiciled at death, or 2. The jurisdiction in which the beneficiary is domiciled, or 3. The jurisdiction of an existing Uniform Act custodianship for the minor. The selection among the foregoing shall be made by my Executor or Trustee, in my Executor's or Trustee's absolute discretion. (b) If the applicable Uniform Act in the governing jurisdiction permits the postponement of distribution to an age beyond age twenty-one (21) if so directed in the governing instrument, I hereby direct that distribution shall be postponed until the maximum age permissible under the Uniform Act. (c) If I am Custodian under the Uniform Transfers (or Gifts) to Minors Act for any Custodianship property, and no successor has been otherwise appointed, I hereby appoint my Executor (or if my Executor declines to serve, such individual or corporation as may be designated in writing by my Executor) to serve as Custodian under the Uniform Transfers (or Gifts) to Minors Act for any Custodianship property of which I am the Custodian. Upon written acceptance of the successor Custodianship, my Executor (or such designee) shall be authorized to take custody of any such property. NINTH: Executor. I appoint my nephew, DAVID A. BEARDSLEY, Executor. If my said nephew, DAVID A. BEARDSLEY, fails to qualify or ceases to act for any reason, I appoint my niece, GAIL A. —���1�1�!� PAGE FOUR OF SIX PAGES BEARDSLEY, Executrix in his place. My Executor shall not be required to post security in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand this��iay of �C�ir-��jy� , 1999. SIGNED � ��, (G'c'��L� ELEANOR W. WOOD. The preceding instrument, consisting of this and five (5) other typewritten pages each identified by the signature of the Testatrix was on the day and date thereof signed, published and declared by the Testatrix therein named as and for her last will, in the presence of us, who at her request, in her presence and in the presence of each other have subscribed our names. � � COMMONWEALTH OF PENNSYLVANIA : : ss COUNTY OF CUMBERLAND . We, y�j �,, � �.�, and �o�� , � J. %r�tt witnesses who names are signed to the attached or foregoing instrument being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her last will; that she signed 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 will as witnesses; and that to the best of our knowledge, the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. � �z� PAGE FIVE OF SIX PAGES Sworn and subscribed to before me this �/day of ��,2rn�h�, 1999. n�rnFnu.�, KAREN F.HYE6/t8y���lIpO�TA�A.Y��PUMJC � ti.A��.«.�g��r`^+w�c�.q/R/�ti� �;�ti����������� 9� � .. . . ... .. . . . - - Notary �%ui�lic COMMONWEALTH OF PENNSYLVANIA : : ss COUNTY OF CUMBERLAND . I, ELEANOR W. WOOD, whose name is signed to the attached instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my last will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. , �� � ��Lf.-��' �'ll � ��C/C�'� ELEANOR W. WOOD Sworn and affirmed to and acknowledged before me this ��day of ,�Q�,��� , 1999. . � otary Public �� pota�nu.� KAREN F.BYe1i8,NOTARY PUM.IC GARUSLE BOAO.(XJi1BETi�ID CO.,PA 9AY CO�II�ON EXiMREB YAjiCll t 900i0 PAGE SIX OF SIX PAGES CODICIL I, ELEANOR W. WOOD, of South Middleton Township, Cumberland County, Pennsylvania,being of sound and disposing mind and memory,do hereby make,publish and declare this to be a Codicil to my Will dated December 21, 1999. 1. I hereby delete the existing item(d)from paragraph THIRD of my aforesaid Will and replace same with a new item(d),as follows: "I give,devise and bequeath all the rest,residue and remainder of my estate, in eyuai si:ares,unto my sisters,MARTHA J.BEARDSLEY and JOAN Q. MEDLIN, with substitution of issue per stirpes." 2. I here.by delete the existing paragraph NINTH of my aforesaid Will and replace same with a new paragraph NINTH, as follows: "I nominate, constitute and appoint my nephew, DAVID A. BEARDSLEY, as Executor of my estate. In the event my said nephew shall predecease me or be otherwise unable or unwilling to so serve,then I nominate,constitute and appoint my niece,GAIL A. BEARDSLEY MCNAUGHTON, and my nephew, PHILIP B. MEDLIN, as Co-Executors of my estate. I direct that my Executor(s) shall not be required to post a bond or other security in any jurisdiction." 3. In all other respects, I hereby ratify and affirm my aforesaid Will dated December 21, 1999. IN WITNESS WHEREOF I have hereunto set my hand and seal this 29th day of August, 2001. �iI �1��iZ�"� //l�� L�/Gh���/�AL) Eleanor W. Wood SIGNED, SEALED,PUBLISHED AND DECLARED by the above-named Testatrix,as and for a Codicil to her Will dated December 21, 1999, 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. �c . 2�-- Page 1 of 2 Pages � 7� � COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I, ELEANOR W. WOOD, Testatrix, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as a Codicil to my Will dated December 21, 1999;that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. , � � � �„�G�/wB/' , Eleanor W. Wood Sworn or affirmed to and acknowledged before me by ELEANOR W.WOOD,the Testatrix, this?.9t" day of August, 2001. �--�:���--�-�— � ��Z���� Notary Public Notarial Seal CJMMOT!V��EAi,TH OF PENNSYLVANIA Marika T.Chronister, Notary Public r T � � NorthMiddletonTwp.,CumberlandCounty : SS. MY Commission Expires Mar.14,2005 C(�i!Tt'dT"Y' i?�' CUMBERLAND Me►►iber,PennsylvaniaASSOCiationofNOtaries ) We, �G�� L. ���lirv� and l.�b�� l�t- e�(�-���UC� the witnesses whose names are signed to the attached or foregoing instrument,being duly qualified according to law, do depose and say that we were present and saw ELEANOR W. WOOD, the Testatrix,sign and execute the instrument as a Codicil to her Will dated December 21, 1999;that the Testatrix signed willingly and that the Testatrix 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 Codicil as witnesses;and that to the best of our knowledge the Testatrix was at that time 18 or more years of age, of sound mind and under no constraint or uridue influence. ddress �/DD /1,�,�s ��.� �� I �`s � 1 O 3 � A dre s /�C� /�I`.�l C_ t G�5 �� !�3� . Sworn or affirmed to and subscribed before me this 29`" day of August, 2001. � � � ' Z Notary Public Notarial Seal C:\SLB�;state P'wnying\}0260.1cod.l.doc Marika T.Chronister, NOtBry PUbiIC North MlddletonTwp.,CumberfandCounty My Commission Expires Mar.14,2005 Page 2 of 2 Pages ^'��.Pennsylvenia,assoaationotNomries