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HomeMy WebLinkAbout07-21-14 I tceser 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 01-1 ^14 Name: KENNETH W,DUCKETT File No:_ a/k/a, (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: JULY 12 2014 Age at death: 90 Decedent was domiciled at death in CUMBERLAND County, PENNSYLVANIA (state)with his/her Iast principal residence at 5225 Wilson Lane,Maplewood 319,Mechanicsburg,PA 17055 umberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 5225 Wilson Lane,Maplewood 319,Mechanicsburg,PA 17055 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 Pennsy lvania. .. . ....... . ...... .. .... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ........ .......... Personal property in County $ Value of real estate in Pennsylvania.... ........ .... .. ...... .. .. .. . .. .... ....... .... .. ....... $ _. TOTAL ESTIMATED VALUE. ... $500 r 000_0 Q Real estate in Pennsylvania situated at: (Attach additional sheets,ifnecessary) Street address,Post Office and Zip Code City,Township or Bore County SIR A. Petition for Probate and Grant of Letters Testamentary m= -;-- Petitioner(s)aver(s)helshe/they is/are the Executor(s)named in the last Will of the Deccdent,dated March 24";�::?1.013'aDd Cofl Jell (sT},, thereto dated -- `- ," r,..;�-) !"r!,' C3 State relevant circumstances(e.g.renunciation,death of"center,etc) C _c Zi _ Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorc�,w'as not a ps�to a pc, n, divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323{g},an' did not havSktChild'tid'„ Y adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. _ 0 NO EXCEPTIONS Q EXCEPTIONS B. Petition for Grant of Letters of Administration (if applicable) c.t.a.,d.b.n.,d.b.mc.i.a.,pendente lire,durante absentia,durance minorltate If Administration,atm or db.n.c.ta.,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 nor ever adjudicated an incapacitated person. C)NO EXCEPTIONS Q EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets,tf neeessary): Name Relationship Address Fora,nw o2 rev.101111201) Page i of 2 i Oath of Personal Representative Official use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Petitioner(s)Printed Name Petitioner(s)Printed Address Catherine J.Duckett Executor 5225 Wilson Lane Maplewood 314 Mechanicsbur PA 17055 The Petitioner(s)above named swears)or affirm(s)the statements in the foregoing Petition are trite and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of the Decedent,the Petitioner(s)will well and truly administer the estate according to law. , Sworn to r affirmed a d su scribed efor �` t i�. c L/' t Date — me this Srday of GV��} Date By: Date For the Register Date BOND Required: Q YES 40 NO To the Register of Wills. FEES: Ple enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ 1 ` "• A orne Si re. ( yp )Short Ccrtificatets)n(s).. . . .. . . . ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . .. . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printe Name; -JOHN AKILLIAN Commission. .. . . . . . . . . .. . . . . . Supreme Court Other'(\ } rj ID Number: 07080 _ V 11. 15 Firm Name: KILLIAN&GEPHART,LLP . . . . . . . . Address: 218 Pine Street . .. . . . .. Harrisburg,PA 17101 Phone: (717)232-1851 Automation Fee. . . . . . . . . . .. .. Fax: (717)238-0592 JCS Fee. . . . . . . . . . . . . . . . . . . . . 9J Email: 'lli kitlian9enhart rnm TOTAL. . . ... . . . . . . . . . . . .. . . $ DECREE OF THE REGISTER Estate of KENNETH W.DUCKETT Fite No: a/k/a: AND NOW,_ A 21 ��t in consideration of the foregoing Petition, satisfactory proof having been pres ed before me,IT IS DECREED that Letters arYhereby granted to Q:LXL�Jr t in the above estate and(if applicable)that the instrument(s)dated 0'1C.t.YZ-h Z ZtJ1� described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. ester of W lls nt Y l Form RW-02 rev.1011112011 lJ Page 2 of 2 G7 LAST WILL AND TESTAMENT mz; �;r OF �c b QO' iH-3 77 m, KENNETH W. DUCKETT v _ I, KENNETH W. DUCKETT, declare this to be my Last Will and Testament and hereby revoke all prior wills and codicils made by me. FIRST: My Executrix shall pay from the residue of my estate all my debts, funeral, and administration expenses, and all estate, inheritance, succession, and transfer taxes imposed by the United States or any state, territory, or possession, which shall become payable by reason of my death. It shall not be necessary to file any claims therefor, nor to have them allowed by any court. SECOND: I give all of my tangible personal property to CATHERINE JEAN DUCKETT, if she survives me by sixty (60) days. If CATHERINE JEAN DUCKETT is not living on the sixty-first (61st) LAST WILL AND TESTAMENT OF KENNETH W. DUCKETT day after my death, then I give such of my tangible personal property as is set forth in a separate, dated and unsigned letter of instruction, which I shall place with my Will, to the persons therein designated. If I have not left a letter of instruction or for those articles not distributed under this letter of instruction, I direct that such items be sold and the proceeds added to the residue of my estate. Any such article allotted to a minor may, as my Executrix deems advisable, either be delivered to the minor or to any person to safeguard on behalf of the minor. THIRD: I give and devise the residue of my estate, real, personal and mixed, of whatever kind and nature, and wherever situate at the time of my death, including any property over which I now have 2 LAST WILL AND TESTAMENT OF KENNETH W. DUCKETT or-hereafter acquire a power of appointment, to the Trustee hereinafter named, IN TRUST, to pay or apply the net income, accumulated income, and whatever amount of principal is necessary to pay for the maintenance, support and health care of my wife, CATHERINE JEAN DUCKETT. Upon the death of my wife, CATHERINE JEAN DUCKETT, the trust shall terminate and the remaining principal and accumulated income shall be distributed as follows% a. Seventy-five (75%) percent to my son, CHRISTOPHER SHAUN DUCKETT, his heirs and assigns forever. b. Twenty-f ive (25%) percent to be shared equally by CENTRAL PENNSYLVANIA FOOD BANK and BETHESDA 3 LAST WILL AND TESTAMENT OF KENNETH W. DUCKETT MISSION, Harrisburg, Pennsylvania. FOURTH: Except as otherwise provided herein, should any distributee of my estate or any trust created herein be a-minor, or, in the opinion of my.Executrix or Co-Trustees, be mentally or physically incapacitated, my Executrix or Co-Trustees may pay his or her share of my estate or the trust estate to the parent or guardian of the distributee, or to any person taking care of the distributee, or, in the case of a person under twenty-one (21), may deposit the share in a savings account, made payable to the beneficiary upon attaining majority, which I define as twenty-one (21) years of age. FIFTH. I nominate, constitute and appoint CATHERINE JEAN DUCKETT, Executrix of this my Lost Will and Testament, to serve 4 LAST WILL AND TESTAMENT OF KENNETH W. DUCKETT without bond or security, and to make distribution of my estate in cash or in kind, or partly in cash and partly in kind, and in such manner as she may determine. I authorize, empower and direct her to sell and convey, by good and sufficient deed, in fee simple estate, any and all of my real estate, at public or private sale, for such price or prices, upon such terms and conditions, as in her judgment is best for my estate, and to that end to sign, seal, execute, acknowledge, and deliver all deeds or other instruments necessary therefor, as effectively as I could'do if I were personally present. In the event such person does not survive me, or refuses to act as Executrix or does not complete the duties of Executrix, then I nominate, constitute and appoint CHRISTOPHER SHAUN DUCKETT i s __ r r , LAST WILL AND TESTAMENT OF KENNETH W. DUCKETT rates of commission and purchasing any securities underwritten and/or offered or issued by affiliated corporations, including those offered as a principal. (6) To execute securities transactions without providing written confirmation thereof to any beneficiary and to execute securities transactions at normal retail rates of commissions. © To employ and compensate from the Trust Fund, investment counsel or advisors, guardians, brokers, agents or attorneys, which compensation or fees shall be paid from the Trust. (D) To vote directly or by proxy at any election or stockholder's meeting any shares of stock held hereunder, including shares of any mutual fund. (E) To hold any or all securities or property in Trust's name, in the name of the Co-Trustees, or in the name of a nominee. (F) The Co-Trustees shall render an accounting of receipts and disbursements at least annually to each beneficiary who is sui juris, or to the guardian of the beneficiary if the beneficiary is not then sui juris, for such beneficiary's share, The Co-Trustees shall be reimbursed for all reasonable expenses incurred in the administration LAST WILL AND TESTAMENT OF KENNETH W. DUCKETT of the Trust. SEVENTH: No beneficiary shall have the power to anticipate, encumber or transfer his or her interest in my estate or any trust created herein in any manner other than by the valid exercise of a power of appointment. No part of any trust or my estate shall be liable for or charged with any debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of a beneficiary. IN WITNESS WHEREOF, I, KENNETH W. DUCKETT, the ` Testator, have to this my Last Will and Testament, set my hand and seal this2-day of March, 2013. (SEAL) KENNETH W. DUCKETT 8 Signed, sealed, published and declared by the above named Testator, as and for his Last Will and Testament, in the presence of us, who have hereunto-subscribed our names at his request, as witnesses hereto, in the presence of the said Testator, and of each other. The preceding document consists of this and eight (8) other consecutively numbered typewritten pages. residing at �S6 f�cr", (�� N�erl o�.°es���q� PA �7nS residing 10,9��� s ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) ss.: COUNTY OF DAUPHIN } I, KENNETH W. DUCKETT, the Testator 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 my Last Will, and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and ackno edged before me by KENNETH W. DUCKETT, the Testator, thisf ' day of March, 2013. Testator TxoFesnaaNtn Notary bliC corrntoNwF.nt. NOTARIAI.s£Af- Rhonda Iang,Notary Public City of Harrisburg,Dauphin County M eommission ex ices Au ust 09,2016 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ) ss. COUNTY OF DAUPHIN ) We, 9;"K V`6 I' ;.5 and �ltrrA/ 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 the Testator sign and execute the instrument as his Last Will, that the Testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testator signed the Will as a witness, and that, to the best of our knowledge, the Testator was at that time 18 or more years of age, of sound mind, and under no constraint or undue influence. Sworn tp,or off irmed and subscribed to before me by N-. VwP,S A and ,�t)4u 6 Sit/'lzty witnesses, this- day of March, 2013. Witness r � --11.1/-Witness �v��.Ct-lam �C• , ^,...,, = a (SEAL) Notary Kublic COMMONWEALTH OFPENNSYLVAMA NOTARIAL SEAL, , t* ` >> Rhonda Lang,Notary Public City of Harrisburg,Dauphin County My commission expires August 04,2016 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA 0 No. 2014- 00672 PA No. 21- 14- 0672 Estate Of: KENNETH W DUCKETT IF'rst,Mitltlle,Lastl Late Of: L 0 WER A L L EN TO WNSHIP �� c. CUMBERLAND COUNTY m r c s c Deceased � L - c? �=!.. N � l� r Social Security No: 5329u — oc_ _. .: WHEREAS, on the 21st day of July 2014 an instrument dared o `� March 22nd 2013 was admitted to probate as the last will of KENNETH W DUCKETT /First Mitltl/e,Lasll late of LOWERALLEN TOWNSHIP, CUMBERLAND County, who died on the 12th day of July 2014 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, LISA M. GRAYSON, ESQ. Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARYto: CATHERINE J DUCKETT who has duly qualified as EXECUTOR(RIX) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal Of my office on the 21st day of July 2014. Regis! F of Wills ep ty **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDT)T,F.. T.a cm i