HomeMy WebLinkAbout04-11-05
Estate of MARIE J. DEVINS
also known as MARIE J. McHUGH
PETITION FOR PROBATE and GRANT OF LETTERS
&1-05 -0;)')7
No.
To:
Register of Wills for
County of Cumberland in the
Commonwealth of Pennsylvania
Deceased
Social Security No. 186-16-7376
The petition of the undersigned respectfully represents that:
Your petitioner, who is 18 years of age or older and the executor named in the last will of
the above decedent, dated J anuarv 7, 1964 and codicil( s) dated _
NOT APPLICABLE
Decedent, was domiciled at death in Cumberland County, Pennsylvania, with
her last family or principal resident at 1909 Letchworth Drive, Lower Allen Twp, .
Decedent, then 82 years of age, died December 6. 2004
at Holv Spirit Hospital. East Pensboro Twp.. 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:
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property $ 500.00
(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: 1909 Letchworth Drive. Camp Hill, Lower Allen Twp.. Cumberland
County, Pennsvlvania, 170 II
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and
codicil(s) presented herewith and the grant ofletters testamentary
thereon.
J r S K. Devins, Executor, Petitioner
576 N. Galloway Street
Xenia, OH 45385
OATH OF PERSONAL REPRESENTAIVE
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The petitioner(s) above-named swear(s) that the statements in the following petition are we and correRto
the best of the knowledge and belief of petitioner(s) and that as personal representative(s) of the above deceden'(-
petitioner(s) will well and truly administer the estate according to law.
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STATE OF
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Sworn to or affirmed and subs~bed
hefore me this I G T day of
-, (,200&-
Public
,-~ In and For taiiflitifl0hiO
My commission lia5 No Expiration Date
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No. aU CJ 5 - 015-1
Estate of MARIE J. DEVINS, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW (lp~ \ \ , 20lJ 5, in consideration ofthe
petition on the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated
JANUARY 7, 1964
Described therein be admitted to probate and filed of record as the last will of
MARIE J. DEVINS
TESTAMENTARY
And Letters
Are hereby granted to
Jik~~6.H'ClA_l ~\,o, ~~ i}.~~
Register of Wills :t:J
lli,-,-t"""'{~
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FEES
Probate, Letters, Etc.........$ dD .[)O
S~~( ).......$ Sell)
-~Il.~.\.0.ill........$ 15 .(j:)
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Filed ....':I.~W~~.~.~.:~~..~~....
Christopher S. Lucas, Esq. (Sup. Ct.lD. No 77903)
220 Cumberland Parkwav St.e 4. Mechanicsbul1!' PA 17055
ADDRESS
(717) 691-0203
C'.o.m~ .." (Y'I,~..J... PHONE
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. Register of Wills of Cumberland County
OATH OF SUBSCRIBING WITNESS
Estate of ---.ill PrRI ~ J. PtVlt-J5
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Also known as
, Deceased
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(each) a subscribing witness to the will/codicil presented herewith, (each) being duly qualified according
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to law, depose(s) and say(s) that --L present and saw
tv\ Pr1\ 1G: bLV INS , the testat BY-. sign the same and that
M ftK 1 E:. J>f21LI N S signed as a witness at the request of the testa!.!! in h f::I<-
presence and (in the presence of each other) (in the presence of the other subscribing witness(es).
Sworn to or affirmed and subscribed
Before me this 23 day of
M Pr1~Ci+- , 20~
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Register pv1fm ~~
Deputy f
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Register of Wills of Cumberland County
OATH OF NON-SUBSCRIBING WITNESS
Estateof HIrtC--;: T. ""D6Vj::t-f::"
No.
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Also known as
, Deceased
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(each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that
I AM familiar with the signature of I-'t~ J. 'PEVr:N<;' ,testatltn of (one of the
subscribing witnesses to) the codiciVwiII presented herewith and that l believelbelieves the signature
on the codiciVwilI is in the handwriting of j-{A-{L-r;-r= .J.1)cv ~<;;. to the best of
M'I knowledge and belief.
Sworn to or affirmed and subscribed
Before me this \ \+t.....- day of
(1 f\ ~ J.. , 20 J;EL
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(Name
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(Address) c-< a::.1-+Af-.>:;::Cs.€, l.XU.., I?i+ nD5<:;
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Register
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Deputy
(Name)
(Address)
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This is to certify that thc information here given is correctly copied from an original certificate of dcath duly' filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office tor penn anent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograptf!
No.
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COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS
CERTIFICATE OF DEATH
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PERMANENT
BLACK INK
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COUNTY Of OCATH
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MARIE J. DEVINS
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z. Female
8IRTHPLACEICjry_ T
State or FO"'.gn Counlry) SPITAl.
7. Scranton, PA ;:.-htJl B"""
FACIUTY NAME (1I<1Cl1"',~lWan, gi"'lrMland,lIUITIbw)
nA'fFllf_IIER
SOCIA.t. SECURITY NU'-l8ER
NAME OF DECEDENT (FnI. MIddII. List)
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AGE (LUlBo'I/ldIy)
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186- 16
7376
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Cumberland
k. East Pennsboro
KINO OF BUSINESS /INOUSTRY
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AS CE NTEVfR1N
U.S,...RMEDFOIlCES7
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R"'CE.Ament.inlnclliUl,BI~,"""'e..'
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DECEDENT'S USUAL OCCUP... TlON
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White
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FATHER'S NAME (Fir$I,"'iddll. LUI)
,.. Martin Mc.Cu h
I OR......NT NAME (Type/Prlrll)
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. SIGNATURE OF FUNERAl. $CRVICE UCENSEE ~ PERSON ACTlNG.IIS SUCH
1l11.CaunIII
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ennsy vanIa Did
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live in. ONo~livecl
Cumber land l"""n.",p7 17d. within ..:wII1mn, 0(
IoICTHEII"S WlME (FIBI. Middl.. Mild." S~.!
II. Mar Reed
INFORWlNTS MAILING ADDRESS (Strllll. CllylTown. Stilt'. Zip COd.l
,...576 N. Gallowa St. Xenia OH 45385
PlACE OF DISPOSITION. N_ o(Carnelefy. C,.,....lDry LOCAnON. C'tyfrown, SI.IlI. Zip COCIfI
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MARIT"'l ST...TUS. Mamf/d.
Ne...!.I.n.d,.....OOWed,
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1.... Widowed
n...!B '1..~heclifl Lower Allen
SURVIVING SPOUSE
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11.. 1.0 istics 1111. Na De t
D C DE MAllI A (SlrMl, CIl)" CIWI1. Stele. Zip Code) DECEDENT'S
1909 Letchworth Drive ~~~NCE
Camp Hill, PA 17011 ~=::i.
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James K. Devins
Cremator
N.O.MEANOJ.OORESSOFFAClLlTY
2U. Hetrick Funeral
UCENSENUMBER
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REGISTRAR'S SIGNATURE AND NUMBEIl.
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LAST WILL AND TESTAMENT
OF
MARIE J. DEVINS
I, MARIE J. DEVINS of the Borough of camp Hill, Cumberland
county, pennsylvania, declare this to be my last will and revoke
all wills which I have previously made.
ITEM I. I direct my personal representative hereinafter
named to pay my just debts and funeral expenses as soon as con-
venient after my decease.
ITEM II. I give, devise and bequeath the residue of my
estate of whatever nature and wherever situate to my son, JAMES
K. DEVINS, 3rd, providing he shall survive me by thirty days.
Should my son predecease me or die on or before the thirtieth
day following my death, I give, devise and bequeath the residue
of my estate of whatever nature and wherever situate to my
brother, JOHN McHUGH of Hartford, Connecticut. Should my brother
predecease me then I give, devise and bequeath the residue of
my estate to my heirs under the Intestate Laws of the Commonwealth
of pennsylvania as then in force.
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ITEM III. Any share of my estate which becomes 4~~F+bu~~le
,',:'5~;;;:':;-'1 -~
to a person under the age of twenty-five shall be distri~.d fo
following provisions:
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JOHN McHUGH of Hartford, Connecticut, IN TRUST, subject
A. To apply the entire income and discretionary
amounts of principal as determined by my
Trustee, for the support, health, education.
maintenance and general welfare of the
beneficiary.
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B. Payments on behalf of the beneficiary
may be applied directly or may be paid
to the person or institution, with whom
the beneficiary resides, or who has the
care or control of such beneficiary,
without the intervention of a guardian.
C. should the share of a beneficiary, in
the opinion of my Trustee, be or become
too small to warrant the placing or con-
tinuing such fund in trust, or should its
administration be or become impracticable
for any other reason, my Trustee may pay
such share absolutely to the person or
institution maintaining the beneficiary
or may deposit such share in the benefi-
ciary's name in a savings account of its
choosing, payable to the beneficiary at
majority.
D. There shall be paid to the beneficiary,
upon___:the -attainment of! _his_twenty-fifth_
birt~day, all of the principal and any
undistributed income remaining in this
Trust, abSOlutely.
E. All shares of principal and income
hereby given shall be free from anti-
cipation, assignment, pledge or obli-
gations of beneficiaries, and shall not
be subject to any execution or attachment.
ITEM IV. My Executor and Trustee and its successors and
assigns shall have the following powers in addition to those
given by law, to be exercised in their sole discretion:
1. To retain all or any of the assets of my
estate, real and personal.
2. To sell at private sale, or public sale,
to exchange or to lease for any period of time, any real estate
or personal property and to give options for sales, exchanges
or leases.
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3. To conduct any business in which testatrix
is engaged or in which she has an interest at the time of her death,
for such periods as they may deem advisable and with the power to
borrow money and pledge the assets of the business and do all other
acts which I in my lifetime could have done or to delegate such
powers to any partner, manager, or employee, without liability for
any loss occurring therein; provided, however, that no assets of
my estate which I have not devoted thereto in my lifetime shall
be liable for the debts and contracts of such business.
4. To make distribution in kind.
5. To exercise all power, authority and discretion
given by this Indenture after the termination of any Trust created
herein until the same is fully distributed.
6. All principal and income shall, until actual
distribution to the beneficiary, be free and clear of the debts,
contracts, alienations and anticipations of any beneficiary and
the same shall not be liable to any levy, attachment, execution
or sequestration while in the hands of my EXecutor or my Trustee.
7. Trustee may at any time receive from any other
source, any real or personal property as additions to this Trust,
by deed, will or in any other manner.
8. Questions pertaining to the validity,
construction and administration of the Trust shall be determined
in accordance with the laws of pennsylvania.
ITEM V. Any real estate, inheritance, succession or other
death taxes which may be assessed against the assets of my estate,
or any other estate which may be added to the principal of this
Trust, as well as all administration expenses of my estate or of
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any other estate which may be added to the principal of this Trust,
may be paid at the Trustee's discretion out of the assets of this
Trust.
ITEM VI. Trustee may, without incurring liability,
compromise and settle any questions relating to any insurance
upon such terms as it deems wise. Trustee need not institute
litigation to collect any insurance unless it is reasonably
indemnified for costs, counsel fees and other expenses of such
litigation.
ITEM VII. I appoint JOHN McHUGH of Hartford, connecticut,
guardian of the person of any minor children who may survive me.
ITEM VIII. I appoint my son, JAMES K. DEVINS, executor
of this my last will. should he fail to qualify or cease to act
as such, I appoint JOHN McHUGH, executor of this my last will.
I direct that my executor shall serve without bond.
IN WITNESS WHEREOF, I have hereunto set my hand this 7th
day of January, 1964.
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Sir,,,,.....
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The preceding instrument, consisting of this and three other type-
written pages, identified by the signature of the testatrix, was on
the day and date thereof, signed, published and declared by Marie J.
Devins, the testatrix therein narned, as and for her last will in the
presence of us, who, at her request, in her presence and in the
pres nce/o~(~?her, have Sub;C:i~~d our ~j.e~.as/w~tnes:es here;o.
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