HomeMy WebLinkAbout01-09-15 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF 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 nformation �m�� h �� � ��--- �O2`�
Name: Ct(' � � O5�(��'1 G File No:
a/k/a: � (Assigned by Register)
a/k/a:
Date of Death: ��-a� - � � �{ Age at death:
Decedent was domiciled at death in �1�(�'1 L-i'��nC� County �,� (scace)with his/her last
principal residence at a� �.�.�. " C '( � f in erlGi�(,�
Street address,Post Office and Zip Code � City,Town ip or Borough County
Decedent died at I C�� �.(�. J��� ���(�f , Cu rl►�s�c�� ' C�rnhC��GYI� �'1
Street address,Post Office and Zip Codc � City,Township or Barough County State
Estimate of value of decedent's property at death:
If donaiciled in Pennsylvania.......... . . ....... . ... ..... All personal property $ 'U���. ���
If not don:iciled in Pennsy[vania. ... .......... ... ....... Personal property in Pennsylvania $
If not domiciled in Pennsyh�ania. ......... .............. Personal property in County $
I�alue of real estate in Pe�:nsylvania........ ..... ........ ............ ...... ... ............... $
TOTAL ESTIMATED VALL'E. ... $ D(���_
Real estate in Pennsylvania situated at: 1�► 'T'�
(Attnch cidditionnl sheets,i�necessary.) Street addr ss,Post Oftice and Zip Code City,Township or Borough County
„� A. Petition for Probate and Grant of Letters Testamentary GG
Petitioner(s)aver(s) sh they is/are the Executor(s)named in the last Wili of the Decedent,dated �� "� 7' � I p�and Codicil(s)
thereto dated �`�L`�GC��
State relevant circumstances(e.g.ren�u:ciation,deadi of exendor,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.
�NO EXCEPTIONS [�'EXCEPTIONS
�l�
❑ B. Petition for Grant of Letters of Administration (If applicable)
c.t.a.,d.G.n., d.b.n.c.t.a.,pendente lite,dura��te abse�2tia,detra�ste�ninoritate
If Auministration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs.
Except as follows: Decedent was not a parry to a pendiug divorce proceeding wherein the grounds for divorce had been e�ilished as defined
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person� � � aD
('r'1
❑NO�XCEPTIONS �EXCEPTIONS � C> rn C'�
Petitioner(s),after a: -oper search has/have ascertained that Decedent lefr no Will and was survived by�'ie follo�n�o�e(if�and heirs�ttuch �
udditional sheets, i/necessury): ;;r;) `�' �--� � �`�
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Name Relationshi Addr�ssr': ;. i'a �'�
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Oath of Personal Representative Official Usc Only
COMMONWEALTH OF PENNSYLVANIA �
} SS:
COUNTY OF C�`►�'1l�r�a11� }
Petitioner(s)Printed Name Petitioner(s)Printed Address
� . �r �n hlr�-h� t-cn _3.�_�� R �nt :Str�t- r�r-Y, . N��� �'q ►��( �
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 De•edent,the Petitioner(s will el a t administer the estate according to law.
Sworn to or affirmed and subscribed before x ��f/ � ` Date'7���'�,�
me t is�d�y of ,�[5 Date
$y; � i Date
For the Re,;ister Date
BOND Required:�YES NO To the Register of Wi![s:
FEES' Pleasc enter my appearance by my signature below:
Letters . . . . . . . . . . . . . . . . . . . . . . $ 2v'� Attorney Signature:
( � ) Short Certificate(s). . . . . . ���
( ) Renunciation(s).. . . . . . . . n �
� � � coa��>>�s>. . . . . . . . . . . . . t5•D� � `." '�?
( ) Affidavit(s).. . . . . . . . . . . � � � �
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: �r� � c-� � � :�
Other ID Nwnber: � •� t_" �,,�E'l
Commission. . . . . . . . . . . . . � _
. . . . . Supreme Court 3 y
� f 7 �p J
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"'r I �.�. �_b� Firm Name: „ ����'-_�— � s7
/' . . . . . . . ��� Address: .
; 1:1 I:..' _1
. . . . . . . �� F�
. . . . . . . . .,`� C.J � r'I
. �
. . . . . . . Phone:
Automation Fee. . . . . . . . . . . . . . . Fax:
JCS Fee. . . . . . . . . . . . . . . . . . . . . Email:
TOTAL. . . . . . . . . . . . . . . . . . . . . $ .
DECRE� OF' THE REGISTER
Estate of___� I_ �.L`�S 1 File No: _�o�� � �S`"�o� _ .
a/k/a:
AND NOW, �� ���bt,1 U ,�, in consideration of the foregoing Petition,
satisfactory proof having been presented bef ne,IT IS DECI2EED that Letters
are hereby granted to ,
in the above es e and(if applicable) that
the instr�iinent(s) dated _
described in the PetiCion be dm tted to probate and filed f c rd as the last ill(aud C�dicii(s)) of Decedent.
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egister of Wills� �� ���� �
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WILL � �'
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I , CARL JOSEPH SMEIGH, of New York, New York County, New
York, declare this to be my last will and revoke any will
previously made by me.
ITEM I. I direct that all my just debts and funeral
expenses, including the cost of a suitable gravemarker and
perpetual care for my burial plot, shall be paid from the
assets of my estate as soon as practicable after my decease.
ITEM II. I give all the residue of my estate, real and
personal to my sister, MARY S. WITHINGTON, provided she
survives me by thirty ( 30 ) days ; if she does not so survive
me, I give the residue of my estate, real and personal , to my
brother-in-law, JACK R. WITHINGTON, provided that he survives
me by thirty ( 30) days; if he does not so survive me, I give
the residue of my estate, real and personal, in equal shares to
the children of my sister, BRADLEY RAY WITHINGTON and JACK
BRYAN WITHINGTON, provided that the share of any child 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 any such then-living issue such shares shall be
added to the share or shares for my sister's other children.
ITEM III. No interest in income or principal shall be
assignable by or available to anyone having a claim against a
beneficiary before actual payment to the beneficiary.
ITEM IV. Al1 federal, state, and other death taxes
payable on the property forming my gross estate . for tax
Page 1 of 5 Pages
J .
ITEM V. I authorize my executor:
A. to retain and to invest in all forms of real and
personal property, regardless of ( i ) any limitations imposed by
law on investments by executors or trustees, ( ii ) any principle
of law concerning delegation of investment responsibility by
executors and trustees , or ( iii ) any principle of law
concerning investment diversification;
B. to compromise claims and to abandon any property
which, in my executors ' opinions , is of little or no value; to
borrow from, and to sell property to others , and to pledge
property as security for repayment of any funds borrowed;
C. to sell at public or private sale, to exchange or to
lease for any period of time any real or personal property, and
to give options for sales or leases ;
D. to join in any merger, reorganization, voting-trust
plan or other concerted action of security holders, and to
delegate discretionary duties with respect thereto;
E. to use administrative or other expenses of my estate
as income tax or estate tax deductions and to value my estate
for tax purposes by any optional method permitted by the law in
force when I die, without requiring adjustments between income
and principal for any resulting effect on income or estate
taxes ; and
F. to distribute IN KIND and to allocate specific
assets among the beneficiaries in such proportions as my
executors may think best, so long as the total market value of
any beneficiary 's share is not effected by such allocation.
Page 2 of 5 Pages
These authorities shall extend to all real and personal
property at any time held by my executors and shall continue in
full force until the actual distribution of all such property.
Al1 powers, authorities, and discretion granted by this will
shall be in addition to those granted by law and shall be
exercisable without leave of court.
ITEM V. I appoint my sister, MARY S. WITHINGTON,
Executor under this will. Should MARY S. WITHINGTON fail to
qualify or cease to act as Executor, I appoint my brother-in-
law, JACK R. WITHINGTON, Executor of this will. Should JACK R.
WITHINGTON fail to qualify or cease to act as Executor, I
appoint my nephew, JACK BRYAN WITHINGTON, as Executor of this
Will.
ITEM VI. The term "executor" , or any pronoun used to
indicate the executor, any other fiduciary or beneficiary,
shall be deemed to apply to one or more than one person and/or
corporation, and to the masculine, feminine and/or neuter
gender as the case may be. I direct that any fiduciary acting
hereunder shall not be required to give bond or other security
in any court or jurisdiction in which said fiduciary may be
called upon to act.
Page 3 of 5 Pages
IN WITNESS WHEREOF, I have hereunto set my hand and seal
to this , my last will, this ���` day of ���.�-- ,
1986.
►
��� � �
CARL JOSE SM IGH
SIGNED, SEALED, PUBLISHED and DECLARED by the above
testatrix, as and for his last will , in the presence of us, who
thereupon at his request, in his presence and in the presence
of each other, have hereunto subscribed our names as witnesses.
�� ��� �
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Page 4 of 5 Pages
COMMONWEALTH OF PENNSYLVANIA:
SS:
COUNTY OF DAUPHIN .
We, CARL JOSEPH SMEIGH, ry����� ���-A'�{-- , and
�~�.���-�-� � _��j�L��-Q� , the testator and
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 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 our
knowledge, the testator was at that time eighteen years or
older, of sound mind and under no constraint or undue
influence.
�� �
CAR S PH MEIGH
� �i� ` _ : -.
1�--� rs`T• �%T1Gl'�./'1:�/C�
SUBSCRIBED, sworn to and acknowledged before me by CARL
JOSEPH SMEIGH, the testator, and subscribed and sworn to before
me by ~-,�--�=-t�r�.s�. ��r;� and ��r1,c'�C�����{ 'k� ,�,rr the
witnesses, on the ��' day of G�^�' ,
1986.
�~� �
Notary Public
PAULINE PATTI THOMAS, NOTARY PUBLf�
HARRISBURG, PA DAUPHIN COUNTY
MY COMMISSION EXPIRES MARCH 9, 198i,
Member Pa Assoc. of Notariet
Page 5 of 5 Pages
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CODICIL TO ' �'� � � �
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THE LAST WILL AND TESTAMENT .�� `p �-- '�"
OF r.;:a �,� �,, o
ct�
CARL JOSEPH SMEIGH
I, CARL JOSEPH SMEIGH, of Camp Hill, Cumberland County, Pennsylvania, do
declare this to be my First Codicil to my Last Will and Testament dated October 7, 1986.
ITEM I. I specifically change ITEM II of my Will to read:
ITEM II. I give all the residue of my estate, real and personal, in equal
shares to J. BRYAN WITHINGTON, MARY JULIA WITHINGTON and NANCY
SMEIGH EICHELBERGER, provided that they survive me by thirty (30) days; if any
of them do not so survive me, their share shall be added to the share or shares of the
surviving named beneficiaries. Should none of them so survive me, then I give all the
residue of my estate, real and personal, to The Helen Krause Animal Foundation(located
in Mechanicsburg, Pennsylvania).
ITEM II. I specifically change ITEM V. of my Will to read:
ITEM V. I appoint my nephew, J. BRYAN WITHINGTON, as Executor
of this Will. Should my nephew, J. BRYAN WITHINGTON, fail to qualify or cease to
act as Executor, I appoint my nephew's wife, MARY JULIA WITHINGTON, as
Executrix of this Will. Should my nephew's wife, MARY JULIA WITHINGTON, fail
to qualify or cease to act as Executrix, I appoint my niece, NANCY SMEIGH
EICHELBERGER, as Executrix of this Will. No personal representative appointed
hereunder shall be required to give bond or other security in any court or jurisdiction.
Page 1 of 3
ITEM III. In all other respects, I hereby ratify, confirm and republish my Last Will and
Testament dated October 7, 1986, together with this First and Sole Codicil as my Last Will and
Testament.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this F���--Qay of
2001.
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CARL SE SMEIGH
SIGNED, SEALED, PUBLISHED, and DECLARED by the above Testator, as and for
his Codicil, in the presence of us, who thereupon at his request, in his presence and in the presence
of each other, have hereunto subscribed our names as witnesses.
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c�r—<-- � � �
42723.1
Page 2 of 3
STATE OF PEN YLVANIA )
�� ) ss:
COUNTY OF � )
We, CARL JOSEPH SMEIGH, �nYi�1,S ����1��1�-! and �{,1�L�t, � . �C�C�—t
the Testator and 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
signed and executed the instrument as a 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 will as witness and that to the
best of our knowledge, the Testator was at that time eighteen years of age or older, of sound mind
and under no constraint or undue influence.
G�� ~
i
Witness CARL JOS H S EIGH
�,�.✓�- �--:
Witness
SUBSCRIBED, sworn to or affirmed, and acknowledged before me by the above-named
Testator and by the witnesses whose names appear above on th���day o � 2001.
. � ��.�
�
Notary Public
Notarial Seal
CBthI�A�A Koh�,^�ot�ty PubliC
Fle,rr�sburg,(�eu,►�hin COunty
IrAy Ccxri�ttt§stAn�xplre�a Feb.7,2004
�16mGer,Penne}r�vartie Aesoalatlon ot Noiaries
42723.1
Page 3 of 3
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
�
�l �F C V�je _ „ � � �`
�� ('q.�,� �� No. 2015- 00029 PA No. 21- 15- 0029
O $ Es ta te Of: CARL JOSEPH SME/GH
� � (Fi�si,Middle,Last)
�
� La te Of: CARLISLE BOROUGH
N �� ��
CUMBERLAND COUNTY
Deceased
Soci al Securi ty No:
y750 —
WHEREAS, on the 9th day of January 2015 instruments dated:
October 7th 1986 October 30th 2001 were admitted
to probate as the last wi11 and codicil of CARL JOSEPH SMEIGH
(First,Middle,Lastl
Ia te of CARLISLE BOROUGH, CUMBERLAND County,
who died on the 27th day of Decem.ber 2014 and
WHEREAS, a true copy of the wi11 &codicil as probated is annexed hereto
THEREFORE, I, LISA M. GRA YSON, ESQ. , Regi s ter of Wi 11 s in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARY to:
J BRYAN WITHINGTON
who has duly qualified as EXECUTOR(R/X)
and has agreed to administer the estate according to law, all of which
fu11y appears of record in my offi ce a t 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 9th day of January 2015.
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**NOTE** ALL NAMES ABOVE APPEAR (FIRST. Mrnnr,�. r,A.4T)