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HomeMy WebLinkAbout03-31-05 PETITION FOR PROBATE and GRANT OF LETTERS j..~- ~S- ~~~ TINDALL No. To: Estate of J UfES M also known as Register of Wills for the , Deceased. County of Cum be r 1 and in the Social Security No. 2 1 4 - 05- 1 336 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is! are 18 years of age or ol~r an tfe i1rcut 0 r in the last will of the above decesent, dated p r ~ · and codicil(s) dated c 01) e r L L. 1 ~ ~ j . named , 19~ RECORDED - OFFICE OF REGISTER OF WILLS 2005 MARCH 31 h (state relevant circumstances, e.g. renunciation, death of executor, et< ~ S,L COt.. Cumberland County P A Road (73 Oak Circle) Y\. (list street, number and muncipality) Decendent. thep (8 6 years of age, died Mar c h 2 4. 2 0 0 'l ;xW , at GbtlVl,'7 I{ lL~cerJnal Y\I\,~dJl:.C1r c1--",1eIL- . 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: Decendent 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: $ 10.000 00 $ $ $ WHEREFORE, petitioner(s) respectfully reQuest(s) the probate of the last will and codicil(s) presented herewith and the grant of letters 1: est am e n tar y (testamentary; administration c.t.a.; administration d.b.n.c.La.) ~ "' 'U u C <I) ." ~ .- "' "'~ <I),," ,,<I) C ." C'- ~..;: 3~ <1),- ~o ~ C bO Vi ?jCi:----.---. .~ m P R M T; n d a 1 \ I I :I: 421 Cedar Cree Dr~ve Bonita Springs. FT.'141'1'l OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA I S8 COUNTY OF CUMBERLAND J The petitioner(s) above-nam. ed swear(s) or affirm(s) that the.st~te ents in the foregoing petition are true and correct to the best of the knowledge and . f pet~tion (s) and that as personal represen- tative(s) of the above decedent petitioner(s) w~ll well and truI~ ~.. inister t~e es~g to law. Sworn to or affirmed and subscribed "X >\( ..._~. ~ before me this 3 -\ ~ day of ~. March, 2005. J9S . III ~ ~~k ~~ ~:~~ ~ ~~.'<.~\'")..y.,...~~ ~ --fr- H 105.H05 REV lI05 ";). '\ ~ ~ 5 - "J... ~ ~. This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original 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. Fee for this certificate, $6.00 '3.:-~.~~~ Local Registrar p 11330724 MAR 2 7 2005 No. Date RECORDED - OFFICE OF REGISTER OF WILLS 2005 MARCH 31 ~~\l... Cumberland County P A H105.143 Rev. 2187 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH TYPEIPAINT IN IIERMAHENT BLACK INK NAME OF DECEDENT (Fwst. Middle, Last) SEX SW'E FILE NUMBER SOCIAL SECUAfTY NUMBEA fil .. :> !i ::l "' James M. UNDER 1 YEAR Months Days 2005 1. AGE(la8lBirthday) BIRTHPLACE (City and Stale or Foreign Country) 86 v... ~)O .. COUNTY OF OEMH 6<1 . lb. SURVIVING SPOUSE (It wife, give maiden name) 17b. Cumb DId - IlYeln. -10' w ..... P'i'J:Hl.li"'oro dtylborn. >>,~llinger Crematory NAME AND ADDRESS OF FACIUTY Holly Springs pa 15 Big Spring Ave UCENSE NUMBER '" .... ~ "<:.: 7 ~ t : ~~ .--.j '--J ~ ~ ~ INJURY /fJ Vt'OAK? DESCRIBE HO'N INJURY OCCURRED. WERE AU10PSY ANDlNG$ A\AIlABLE PRIOR 10 COMPLETION OF CAUSE OF DEATH? MANNER Of DERH 01J"E OF INJURY (Month, Day, 't8af) TIME OF INJURY 0"'""" o o -- Pending InYnllgation o o o ~OFINJURY-Athome,tarm,street.factory,office M. building, etc, (Specllyj 300. Homicide Ha..... Yes 0 NoD Could not be determined NO~ .....0 Su_ '- .... CERTIFIER (Check only one) -CERT1F'f1NQ PHYSICIAN (Physicien certifying cause of death wt'len another physician has pronounced death and cc:mpleted lIem 23) TQthebMtofmy~.dIlathOCCunMduetotheCllUllll(.)and"","""'''Nted....,....,."".,.,.,.",.""".,.,.",..,.,.,.,... , 2.. ~ !;: w o w o w o i!; I ~ ~PRONOUNCING AND CERTtFYtNG PHYSICIAN (Physician both pronouncing death and certifying to caused death} To the best ot my knowtedge. dHttl occutNd at the time, date, and piece, Md due to theaUM(s) and IMnner as stated.. , ,.,.,.,.,...,.." ,.,.,. ~MEOICAL EXAMINERICORONER On the buie of eumtnaUon MtdIor lnYeetIgatIon.ln my optnlon, death occumtd at the time. d8te, and place, end due to the C8UH(a) and manner...e.ted......."....,....,...,..,....,...............,..,...,....,...,.....,.........,....,.....,....,.. . 31.. REGISTRAR'S S1GNRlJRE ANC NUMBER o /"? 2 <.// ~.~~~ I~I \ IdJ \ 101 34. LAST WILL AND TESTAMENT OF JAMES M. TINDALL I, James M. Tindall, of the West Pennsboro Township, Cumberland County, Pennsylvania, declare this to be my last Will and Testament and revoke all wills and Codicils previously made by me. ITEM I: I direct that my just debts, funeral expenses, and the expenses of the administration of my estate, including any state, federal or other death taxes payable because of my death, shall be paid from my residuary estate as soon as practicable after my decease, as a part of the expense of the administration of my estate. ITEM II: I devise and bequeath all of my estate of every nature and wherever situate unto my wife, June K. Tindall, provided she shall survive me by thirty (30) days. ITEM III: Should my said wife, June K. Tindall, predecease me or die on or before the thirtieth day following my death, I bequeath all of my jewelry and other personal effects, household furniture and furnishings and other tangible property of like nature (not including cash, securities or any motor vehicles I may own at the time of my death) unto my four children, James M. Tindall, III, Anne Stewart Markley, Thomas Melvin Tindall, and Barbara Williams Tindall, who shall be living on the thirty-first day following my death, to be divided among them as hereinafter set forth. The choice of each article of such property shall be RECORDED - OFFICE OF REGISTER OF WILLS L 2005 MARCH 31 ~~\ (_- /// C~F ,^" -..-..........::::..- .. ,,' .,/ ~ Cumberland County P A made in turn by such of my children in rounds of one choice each, the choices in the first round to be made in the order of seniority and choices in each succeeding round to be made so that the child having the second choice in the preceding round shall have the first choice on the next round, and the one having the first choice in the preceding round shall have the last choice in the next round. Where several pieces of furniture together comprise a set which normally would be used together, they shall be considered the subject of a single choice. The judgment of my personal representative as to what is to pass under this Paragraph and as to what may be included in each choice shall be conclusive. ITEM IV: Should my said wife, June K. Tindall, predecease me or die on or before the thirtieth day following my death, I devise and bequeath the rest, residue and remainder of my estate of every nature and wherever situate in equal shares unto my four children, James M. Tindall, III, Anne Stewart Markley, Thomas Melvin Tindall, and Barbara Williams Tindall. Provided, however, that the share of any of my said children who predeceases me or dies on or before the thirtieth day following my death shall be distributed to his or her issue, per stirpes, living on the thirty-first day following my death and in default of such then living issue, such share shall be added to the share or shares for my other then living children and the issue, per stirpes, of my then deceased children. ITEM V: I appoint my wife, June K. Tindall, Executrix of this my last will and Testament. Should my said wife fail to :;? ):// c- A~1 D- ~- qualify or cease to act as Executrix, I appoint my son, James M. Tindall, III, Executor of this my last will and Testament. ITEM VI: I direct that my personal representative, as well as their successors, shall not be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal, this /rf day of April, 1994. .~ r ' c~- (,/-111- ~(~tt/ [SEAL] ~/James M. ~~ndall The preceding instrument, consisting of this and two (2) other typewritten page, each identified by the signature of the Testator, was on the date thereof, signed, published and declared by James M. Tindall, the Testator therein named, as and for his last will, in the presence of us, who, at his request, in his presence and in the presence of each other, have subscribed our names as witnesses hereto. 1(1) /1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND We, James M. Tindall, Dale F. Shughart, Jr. and Mary M. Price, the Testator and the witnesses, respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his last will and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the will as witness and that to the best of his/her knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. 'If ) tJ. G~ d' Witness Subscribed, sworn to and acknowledged before me by James M. Tindall, the Testator, and subscribed and sworn to before me by Dale F. Shughart, Jr., and Mary M. Price, witnesses, this {~day of April, 1994. ~>)C ~- . Notary Pt1liC ~,:.~ .,,:C:' "''-':1('" :'~:;7,:;"'.----::=,;.-;:-<..I_-"~ . ~: -,,? .;"::~:<:'1 ,,~ I : ,:;. ,'f,,:', "C'::. ."",:,,': l, " ., ",' ~'" ,'" ,', 'r' . ',,', II '~~ ":~"-~.,,,,- -*"'-~'~_:._~-~~~~~.~:.. "-.:....;;;.d CODICIL I, James M. Tindall, of West Pennsboro Township, Cumberland County, Pennsylvania, declare this to be the sole Codicil to my Last Will and Testament, dated April 18, 1994. ITEM I: I hereby revoke ITEM V of my Last Will and Testament in its entirety and in lieu thereof provide as follows: ITEM V: My wife, June K. Tindall, having predeceased me, I appoint my son, James M. Tindall, III, Executor of this my Last Will and Testament. Should my said son fail to qualify or cease to act as Executor, I appoint my daughter, Anne Tindall Markley, Executrix of this my Last Will and Testament. ITEM II: In all other respects, I hereby ratify, confirm and republish my last Will and Testament, dated April 18, 1994, together with this sole Codicil, as and for my Last Will and Testament. IN WITNESS WHEREOF, I hereunto set my hand and seal this 22nd day of October, 1995. //7 Jjl. ~~ Oames M. Tindall Signed, published and declared on the date thereof by the above named James M. Tindall as and for the sole Codicil to his last will dated April 18, 1994, in the presence of us, who, at his request, in his presence and in the presence of each other, have subscribed our names as witnesses hereto COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND We, James M. Tindall, Dale F. Shughart, Jr., and Mary M. Price, the Testator and the witnesses, respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his sole Codicil to his last Will and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the sole Codicil as witness and that to the best of his/her knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ~~i~ Subscribed, sworn to and acknowledged before me by James M. Tindall, the Testator, and subscribed and sworn to before me by Dale F. Shughart, Jr. and Mary M. Price, witnesses, this 22nd day of October, 1996. ~~~~ o ary Public NOTARIAL SEAL BONNIE L. COYLE, NOTARY PUBLIC BORa OF MT HOLLY SPRINGS, CUMBERLAND CO. MY COMMISSION EXPIRES OCTOBER 17. 1998 No. J.. '\ ; <:JS - ~ '\ ~ Estate of JAMES M. TINDALL , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ~~~ ~\\ ~ '\ } 2005 x1;jA..--. in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrurnent(s) dated A p r ill 8, 1 9 9 4 described therein be admitted to probate and filed ofrecord as the last will of James M. Ti nd all and Letters T est am e n tar y are hereby granted to J ame sM. T; n c1 R 1 1 -m Probate, Letters, Etc. ,........ Short Certificates( s) . . . . . , . . . . ~\\.\.. :-\1-. ~'\\'t\\\l... ReBUll:01at'lea .,....,....,.,.. ~~'O} ~ ~~ ",~ $ $ $ $ TOTAL _ $ ""~.~~ . . .~.: A '\ :.~~. . . . . . . . . . . . . . . . . . . . . 4.5 ":t~ ~~ \S Regist ~r Dale F. Shug ATTORNEY (Sup. Ct. 1.0. No.) 35 East High Street, Suite 203 Carlisle. PA 17()1 i ADDRESS 19373 FEES Filed (717) 241-4311 PHONE