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Home My WebLink About08-07-14 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CunnBER�N� 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 1 ' Name: Jesse E.Davis File No: �) ' ��-f�- ��"Jr a/k/a: Jesse Emanuel Davis (Assigned by Register) a/k/a: a/k/a; Social Security No: Date of Death: July 23,2o�a Age at death:sa Decedent was domiciled at death in Cumber�and County, Pennsvlvanfa (state)with his/her last pI'1riC1p11 ieSldeIICe 8t 953 Ridge Road Shippensburg PA 17257 Hopewell Township Cumberland Skreet address,Post Office and Zip Code City,Township or Boroug6 County DeCederit died at Chambersburg Hospital 112 North 7th Street Chambersburg Borough Franklin PA Street address,Post Office and Zip Code City,Townsh'ry or Borough County State Estimate of value of decedent's property at death: If domiciled ia Pennsylvania............................ All personal property $ 50.000.00 If not doeniciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsytvania. ....................... Personal property in County $ Value of real estate in Pennsylvania......................................................... $ 145.000.00 TOTAL ESTIMATED VALUE. ... $ 195.000.00 Real estate in Pennsylvania situated at: 953 Ridge Road Shippensburg PA 17257 Hopewell Township Cumberland (Attach additional sheets,if necessary.) Street rddress,Post Office tnd Zip Code City,Township or Borough County � A. PetiNon for Probate and Grant of Letters Testamentarv Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated September 10,2001 and Codicil(s) thereto dated c C�• ti .ti r n....:.,a:�a,..,cNNOn�w ��,.4 I oo ns�.ic ic��v�rocc..r FxecLtor � State relevant circumatances(�g.renunciation,death of execumr,etc.) Except as follows:after the execurion 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. Q NO EXCEPTIONS Q EXCEPTIONS — ❑ B. Petition for Grant of Letters of Administration (If applicable) . c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,Jurante minor-�tate I�Administration,G�a or db.n.c.�a.,enter date of VVill in Section A above and completg list of heirs, Except as foltows: Decedent was not a party to a pending divorce procee�ing wherein the grounds for divorce haQ�lean estat�lisHe�as de.fin� . in 23 Pa.C.S. 3323 and was neither the victim of a killin nor ever ari'udicated an inca acitated erson. � � -��J'T' § �S) 6 l P P ��) 3a. r*�i C7 Q NO E��EPTIONS Q EXCEPTIONS _, _�_ �� T= "s`t r c _y� `� � � Petitio�rr(s),after a proper search has/have ascertained that Decedent lsft no Will and was survived by the followin$s��i�f�ny)and�ir�(ri�,�h�,_' [�. : additiunal sheets,if necessary): �� -- � . �, : - �, ��. Name Rzlatino�hip �^ ' Address OT. -� _ --�----+•� D _' � �/� .�.,. -----�— . Forrn RW-01 ��-ev.1�D/11/2011 Pag� l ':)�'� Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Petitioner(s)Printed Name Petitioner(s)Printed Address Jack Lee Davis 932 Balsam Street,Barefoat Ba , FL 32976 The Peritioner(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 Deced t,the Petitioner(s will well and truly administer the estate according to law. Sworn to or affirmed a d subscri ed before C`.. �. a,_._ Date g / me t ' tiay of ,��" Date By. Date For the Register �'�Date �-� - ' �--� � i � �.._-; t::% �t� � �,. _c� �7: BOND Reqaired. Q NO To the Register of Wills: ��;, � r � FEES' Please enter my appearance by my sfgnat��ielow: "� _� ' `/V C ;; y�. _ ' i-�� - . Letters . . . . . . . . . . . . . . . . . . . . . . $ � Attorney Signature: ��=- � '�- �=�� • .,-.. _ . _ ( )5hort Certificate(s).. . . . . J�' � '�� IO . .�._. ' ._...� .. f.,.r ( )Renunciation(s).. . . . . . . . D clt `� 'T'+ ( )Codicil(s). . . . . . . . . . . . . �'' ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Thomas P. Gleason, Esquire Commission. . . . . . . . . . . . . . . . . . Supreme Court Ott�er . . . . . . . . ID Number: 82259 . . . . . . . Firm lvame: Law Office of Thomas P. Gleason . . . . . . . , Address: 49 West Orange Street. Suite 3 . . . . . . . . �'n,�nPnghi�r�. PA 17257 _--_ . . . . . . . Phone: 717-532-3270 Automation Fee. . . . . . . . . . . . . . . . Fax: 717-532-6673 JCS Fee. . . . . . . . . . . . . . . . . . . . . . Emai1: �qleason(�pQqleasonlaw.com TOTAL. . . . . . . . . . . . . . . . . . . . . $ . 9:90' DECREE OF THE REGISTER Estate of Jesse E.Davis File No: ��7"" V��J� a/k/a: AND NOW, ,�,in consideration of the foregoing Petition, satisfactory proof having be n resen ed efore me,IT IS DECREED that Letters Testamentary are reby granted to Jack Lee Davis in the above estate and(if applicable)that the instnlment(s)dated September 10,2001 described in the Petition be admitted to probate and filed of rec d as the last Will(and Codici:�s))of Decedent. Register of Wil � Form RW-02 rev.10/11/2011 Pag Of 2 �,�,��-��>.� __--�.�..�,..�,�. .��.,.,�.� LAST WILL AND TESTAMENT OF JESSE E. DAVIS �:. Dated: /� S •C:��1Li 1=-�� , 2001 Prepared by: MARTIN I. KLEINMAN, ESQUIRE 1518 WALNUT STREET 18TH FLOOR PHILADELPHIA, PA 19102 215 790-0303 � r� n �� "� -� -f7+'n .:.:-.,,.,,, ''��? �. rt"k r�? CA-Ci C C,"C,_� � G7 C,'� c?: �1 � �:�' ��4 1 � ' . ��r� '_ -rJ ' � ��.' LAST WILL AND TESTAMENT ��--, i: =':_-;% �. , ��_= � �.,-�� C - ��3 �F' - ...:� t,p �= ,�T, t_. � ---� � ��p ",�'t t JESSE E. DAVIS I,Jesse E.Davis,a resident of and domiciled in the Commonwealth of Pennsylvania, make,publish and declare this to be my Last Will and Testament,revoking all wills and codicils at any time heretofore made by me. FIRST: I direct that the expenses of my last illness and funeral,the expenses of the administration of my estate,and all estate,inheritance and similar taxes payable with respect to prop- erty included in my estate, whether or not passing under this will, and any interest or penalties thereon, shall be paid out of my residuary estate,without apportionment and with no right of reim- bursement from any recipient of any such property (including reimbursement under Section 2207B of the Internal Revenue Code). The provisions of this Article FIRST shall not apply to the extent that contrary provisions concerning the payment or apportionment of any such taxes have been or shall be made in any inter vivos instrument executed by me relating to any insurance,trusts, gifts or other transfers,jointly owned property or accounts, or property subject to power of appointment. � SECOND: I give all tangible personal property owned by me at the time of my death, including without limitation personal effects, clothing,jewelry, furniture, furnishings, household goods, automobiles and other vehicles, together with all insurance policies relating thereto, to my wife Elizabeth C. Davis, if she survives me, or if she does not survive me, to those of my children (Jack Lee Davis, Wesley Arthur Davis and Timothy Clark Davis)who survive me, in substantially equal shares,to be divided among them as they shall agree, or if they cannot agree, as my Executor shall determine. THIRD: I give all the rest, residue and remainder of my property and estate, both real and personal, of whatever kind and wherever located, that I own or to which I shall be in any manner entitled at the time of my death (collectively referred to as my "residuary estate"), to the trustee under the following trust to be held and disposed of in accordance with the terms,covenants and conditions of such trust: Jesse E. Davis and Elizabeth C. Davis Living Trust Dated: Even Date Herewith. In connection with the preparation of any tax return for me or my estate, I authorize my Executor: to determine whether to elect to qualify any property as qualified terminable interest property for Federal and/or State estate tax purposes; to make any election available under Section 2652(a)(3)of the Internal Revenue Code with respect to qualified terminable interest property as my Executor may deem advisable; to make any election available with respect to Chapter 13 of the R Internal Revenue Code and to allocate the same to property eligible for such allocation,whether or �- � not such property is held hereunder,including property transferred by me during my life as to which � I did not make an allocation prior to my death,in such amounts and proportions as my Executor may deem advisable; to determine whether to include or exclude any item of property; to determine within permitted limits the date of valuation of my estate; to determine whether certain deductions shall be taken as income tax deductions or estate tax deductions; and to determine whether to adjust between principal and income. FOURTH: If any property of my estate vests in absolute ownership in a minor or incompetent, my Executor, at any time and without court authorization, may: distribute the whole or any part of such property to the beneficiary;or use the whole or any part for the health,education, maintenance and support of the beneficiary; or distribute the whole or any part to a guardian, committee or other legal representative of the beneficiary,or to a custodian for the beneficiary under any gifts to minors or transfers to minors act,or to the person or persons with whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed by the person to whom the distribution is made shall be a full discharge of my Executor from any liability with respect thereto,even though my Executor may be such person. If such beneficiary is a minor,my Executor may defer the distribution of the whole or any part of such property until the beneficiary attains the age of twenty-one (21)years, and may hold the same as a separate fund for the beneficiary with all of the powers described in Article SIXTH hereof. If the beneficiary dies before attaining said age, any balance shall be paid and distributed to the estate of the beneficiary. FIFTH: I appoint my wife Elizabeth C. Davis to be my Executor. If my wife does not survive me, or shall fail to qualify for any reason as my Executor, or having qualified shall die, .,� resign or cease to act for any reason as my Executor, I appoint Jack Lee Davis as my Executor. If Jack Lee Davis shall fail to qualify for any reason as my Executor, or having qualified shall die,re- sign or cease to act for any reason as my Executor, I appoint Timothy Clark Davis as my Executor. I direct that no Executor shall be required to file or furnish any bond, surety or other security in any j urisdiction. SIXTH: I grant to my Executor all powers conferred on executors under the Pennsylvania Probate, Estates and Fiduciaries Code, as amended, or any successor thereto, and all powers conferred upon executors wherever my Executor may act. I also grant to my Executor power to retain,sell at public or private sale,exchange,grant options on,invest and reinvest,and otherwise deal with any kind of property, real or personal, for cash or on credit; to borrow money and encumber or pledge any property to secure loans;to pay any legacy or distribute,divide or partition property in cash or in kind, or partly in kind, and to allocate different kinds of property, dispropor- tionate amounts of property and undivided interests in property among any parts, funds or shares, and to determine the fair valuation of the property so allocated,with or without regard to tax basis; to exercise all powers of an absolute owner of property;to compromise and release claims with or without consideration;and to employ attorneys,accountants and other persons far services or advice. The term "Executor" wherever used herein shall mean the executors, executor, executrix or admin- istrator in office from time to time. �. 2 .� SEVENTH: If any beneficiary under this will and I die in a common accident or _�. under circumstances in which it is difficult or impractical to determine who survived the other,such beneficiary shall be deemed to have predeceased me. IN WITNESS WHEREOF, I, Jesse E. Davis, sign, seal, �ublish and declare this instrument as my last will and testament this �� day of ' � , 2001. I also have affixed my initials on the bottom of each of the preceding pages hereof. � /�� L.S. U esse E. Davis The foregoing instrument was signed, sealed, published and declared by Jesse E. Davis,the above-named Testator,to be his last will and testament in our presence,all being present at the same time, and we, at his request and in his presence and in the presence of each other, have subscribed our names as witnesses on the date above written. %�/U r / - - residing at i 9'S�� /Q�,D�C /4'a�d s�r�� s� %� �v� �-�, 1�a��. residing at � �` � �'t �`�� /'°g• s�..� ��-� � 2 S 7 � 3 - ACKNOWLEDGMENT AND AFFIDAVIT '� COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND, ss. We, Jesse E. Davis 1�V2t�'c'c� +v• b�(9'�/'�� / �''Yq'�-2�/ �• �5�� , the Testator and the witnesses respectively, whose names are signed to the attached or foregoing instrument,being first duly sworn, do hereby declare to the undersigned authority that the Testator, Jesse E. Davis, signed and executed said instrument as his last will and testament in the presence and hearing of the witnesses, and that he had signed willingly, and that he executed it as his free and voluntary act and deed for the purposes therein expressed, and that each of the witnesses at the request of the Testator, in the presence and hearing of the Testator and each other,signed the will as witness,and that to the best of his or her knowledge the Testator was at the time at least eighteen years of age, of sound mind and under no constraint, duress, fraud or undue influence. �� sse E. Davis Testator � � Witness � � �62��, �� Witness Subscribed, sworn to and ac e by the aid Jesse E. Davis, Testator, and subscribed and sworn efore me b he abo me � n , this /� day of v I�' ,�6?' , 200 . �. N • Publ' My commission expires on ' Notarial Seal Patrick J.McLaughlin,Notary Public Upper Moreland Twp., Montgomery County My Commission Expires June 21,2004 Member,Pennsylvania Association ot Notaries REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA � g � �, No. 2014- 00735 PA No. 21- 14- 0735 Es ta te Of: JESSE E DA VlS lFiist,Midd/e,Lasfl a/k/a: JESSE EMANUEL DA VlS La te Of: HOPEWELL TOWNSHIP CUMBERLAND COUNTY Deceased Soci al Securi ty No: WHEREAS, on the 7th day of August 2014 an instrument dated September lOth 2001 was admitted to probate as the last will of JESSE E DA VlS /First,Midd/e,LasU a/k/a JESSE EMANUEL DAVIS late of HOPEWELL TOWNSH/P, CUMBERLAND County, who died on the 23rd day of July 2014 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, L/SA 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 TESTAMENTARY to: JA CK L EE DA VlS who has duly qualified as EXECUTOR(R/Xl and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 7th day of August 2014. � Registe f Wi!ls . V , l/ Deput **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)