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Home My WebLink About02-17-15 , � ' IN THE PROBATE COURT COUNTY OF DEKALB STATE OF GEORGIA IN RE: ESTATE OF ) � � �� ) ESTATE NO. 201�_'-0189 � �:�:a �,,�., JAMES WILLIAM McNULTY,III, ) ', _'-��_, ,-.`'''.� �.� �, DECEDENT. ) ' � _ ��' `�' ' �'' : ,_-• �, � � 3 : � � .. � ;;.i CERTIFICATE OF EXEMPLIFICATION �� ,� , -�, ,� -,-� _.`3 �-�r I, Rhonda G. Veal, Clerk of the above-named Court, do hereby certify that#he do�ner�ts r� annexed to this Certificate and described below are true copies of originals on fi7e and of reaar�� c..� c�� .. in this Court : --� �T Last Will and Testament and Petition to Probate Will in Solemn Form of James William McNulty, III I further certify that the within is still of full force and effect, and in witness whereof, I havP hereunto set my hand and the Seal of this Court, this 13th ay of February, 2 15. � ' �` / �� V� Clerk, Probate Court I,Jervl Debra Rosh, Judge of the above-named Court, do hereby certify that Rhonda G. Veal, whose name is signed to the preceding Certificate of Exemplification, is a Clerk in the said Court, duly appointed, and that full faith and crPdit arP due to her official acts. I further certify that the Seal affixed to said Certificate is the Seal o�this Court, and that the attestation thereof is in due form of law, this 13th day of Febn�ary, 2015. �,. Ju�' e of e Proba ourt I, Rhonda G.Veal, Clerk of the above-named Court, do hereby certify that Jeryl Debra Rosh, whose name is signed to the foregoing Certificate, is the Judge of this Court, duly elected and sworn, that the signature of said Judge is genuine, and in witness whereof, I have hereur�to set my hand and affixed the Seal of said Court,this 13`h d f ebrua , 2015. � , � � Clerk, Probate Court GPCSF 53 1 Eff. July 2014 , LAST WILL AND TESTAMENT ' � �,�, � � ,> r s' OF � � � .��, -�: , JAMES W. MCNULTY, III � w � � � �4 �--; ,�`,.�'� I, James W. McNulty, III, having my legal residence at 142 D Fifteenth Str�t, �w f, ,r- -� Cumberland, Cumberland County, Commonwealth of Pennsylvania, hereby declare fhis to be my Last Will and Testament, revoking all other Wills and Codicils heretofore made by me. ITEM ONE: I direct that the expenses of my last illness and funeral be paid from my estate as soon as practicable after my death. ITEM TWO: I give my tangible personal property together with all policies of insurance thereon to my daughter, Shannon A. McNulty. ITEM THREE: � All the residue of my estate I give to my daughter, Shannon A. McNulty. ITEM FOUR: All estate, inheritance, succession and other death taxes, imposed or payable by reason of my death, and interest and penalties thereon, with respect to all property comprising my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid aut of the pr�cipal of my general estate, as if such taxes were administration � .. . expenses,without apportionment or right of reimbursement. I authorize my legal representatives to pay all such t�es at such time or times as may be deemed advisable. ITEM FIVE: I appoint my daughter,Shannon A.McNulty, Executrix of this Will and direct that she be permitted to serve without bond and without any intervention of any court except as required by law. I authorize my Executrix to sell,encumber,mortgage,invest,distribute in kind,or retain any property of my estate in such manner as she shall deem proper, limited only by her own discretion. IN WITNESS WHEREOF, I have at Hershey, Pennsylvania, this � day of j � � ,2012,set my hand and seal to this,my Last Will and Testament consisting of three v'J!' �� / (3)pages, including the acknowledgment. ., � j ,.� il �� C /�/, �� ,( (SEAL) Jam `s W. McNulty, III � i SIGNED, sealed, published and declared by James W. McNulty, III, the above named Testatrix, as and for his Last Will and Testament, in the presence of us, who, at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses. n �- � � /�� V` t 7b 3� U-� Residence .:�""�'i �' /� Residence i ! � i _ . � .: 2 ACKNOWLEDGMENT We, James W. McNulty, III � � �� l�S,d � k � �(-� o��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 signed and executed the instrument as his Last Will and that he had signed willingly (or willingly directed another to sign for her),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 witnesses and that to the best of their knowledge the Testator was at that time eighteen years of age or older, of sound mind and under o co straint or undue influ�nce. ,-� �� _� J. es W. McNulty, III �l• Witness c, � Witne Subscribed, sworn to and acknowledged before me by James W. McNulty, III, the Testator, and subscribed and sworn to before me by �a � � • ��_��i and y:L_aC � �� witnesses, this �� day of /v�v P�+ �t�^' , 2012. (SEAL) �� ot ry Public �Cli�9ii,5f3i�WWEALTh!OF PEI�NSYLVP,t�IA - Notsriai Seal � Jahii S.Davidson,Notary Public sc <. . _ _ Derry Twp.,Dauphin County �r7y�omm�ssian Expires May 3,2013 3 - IN THE PROBATE COURT '�� "� � COUNTY OF DEKALB ZQ� STATE OF GEORGIA ��Kf� �F�$'3 �'�}, 2� ,1.;? , 5S C�, pR�,�� IN RE: ESTATE OF ) , ��rl��,,�j ) ./ JAMES WILLIAM McNULTY,III, ) ESTATE NO. ��'S� C��CI DECEASED ) PETITION TO PROBATE WILL IN SOLEMN FORM The petition of SHANNON ALEXANDRA McNLJLTY, whose physical address is 836 ST CHARLES AVENUE UNIT J ATLANTA FULTON COUNTY, GEORGIA 30306, and mailing address is 836 ST CHARLES AVENUE ITNIT J ATLANTA FULTON COLTNTY, GEORGIA 30306,shows to the Court the following: l. JAMES WILLIAM McNULTY, III, whose place of domicile was 828 E. ROCK SPRINGS COURT ATLANTA DEKALB COUNTY, GEORGIA 30306, departed this life on JANUARY 13, 2014. 2. While alive, decedent duly made and published a Last Will and Testament dated NOVEMBER 16, 2012, which is herewith offered for probate in Solemn Form. Your petitioner is named as the Executor. 3. Listed below are all of the decedent's heirs at law, with the age or majority status, address and relationship to the decedent set opposite the name of each: Name Age (or over 18) Address Relationship SHANNON ALEXANDRA McNCTLTY over 18 836 ST.CHARLES AVENiJE,iJNIT J daughter ATLANTA GEORGIA 30306 C'� GPCSF 5 [Il Eff.July 2013 4. Required: Provide sufficient factual information to enable the Court to conclude that all ' of the heirs of the decedent are included and that there are no heirs of similar or higher degree according to O.C.G.A. §53-2-1. Provide the names of any deceased heirs and include the date of death for each. (See instructions for further clarification.) Also, state here all pertinent facts which may govern the method of giving notice to any party and which may determine whether or not a guardian ad litem should be appointed for any party. If any heirs listed above are cousins, grandchildren, nephews or nieces of the decedent, indicate the deceased ancestor through whom they are related to the decedent. DECEDENT WAS NOT MARRIED AT THE TIME OF HIS DEATH. DECEDENT'S ONLY LIVING HEIR IS HIS DAUGHTER AS LISTED IN PARAGRAPH 3 ABO�E. 5. (Initial one) X_(a) To the knowledge of the Petitioner, no other proceedings with respect to this estate are pending, or have been completed, in any other probate court in this state. (b) The probate of another purported Will of the decedent is pending in the State of , in the County Probate Court. The names and address(es) of the propounder(s) and the names, addresses and ages or majority status of the beneficiaries under the other purported Will to whom notice is required under O.C.G.A. §53-5-22(b) are listed on the attachment hereto, which is expressly made a part hereof, as if fully set forth herein. (c) An Administration is pending in the State of , in the County Probate Court. The names and address(es) of the Petitioner(s) and the names, and the names and address(es) of the appointed Administrator(s), if any, are listed on the attachment hereto, which is expressly made a part hereof, as if fully set forth herein. 6. (Initial if applicable) As shown in paragraph 3 above, the decedent was survived by (a)minor child(ren), and: (a) The Will names a Testamentary Guardian of the minor child(ren) of the decedent. Petitioner shows there is no living parent of said child(ren). The following individual(s) who has/have consented to serve is/are named as Testamentary Guardian in the decedent's Will: Name Address (b) The Will nam�s a Testameritary Conservatar of the minor child(ren) of the decedent for property passing under the decedent's Will. The following individual(s) who GPCSF 5 [2] Eff.July 2013 has/have consented to serve is/are named as Testamentary Conservator(s) in the decedent's Will: - Name Address , (c) There is/are now a court-appointed Conservator(s), who is/are identified as follows: Name Address 7. Additional Data: Where full particulars are lacking, state here the reasons for any such omission WHEREFORE,petitioner prays: 1. Leave to prove said Will in solemn form, 2. That due and legal notice be given as the law requires, 3. That said Will be admitted to record on proper proof, 4. That Letters of Testamentary Guardianship and/or Letters of Testamentary Conservatorship issue, if applicable, 5. That Letters Testamentary issue, and 6. That this Court order such other relief as may be proper under the circumstances. L�a�v� ��a 'v��N u �� Signature of Petitioner SHANNON ALEXANDRA McNULTY Printed Name 836 ST. CHARLES AVENUE, UNIT J, ATLANTA, GEORGIA 30306 Mailing Address (404) 769-1902 Telephone Number .-----. Signature of Attorney \_-i`-��' `�'`�"�.� Printed Name of Attorney CLAIRE A. MATTSON Address 4788 LONG ISLAND DR ATLANTA, GEORGIA 30342 Telephone Number (404)2$f-0Q20 State Bar# 429942 GPCSF 5 [3] Ef£July 2013 VERIFICATION GEORGIA, DEKALB COUNTY Personally appeared before me the undersigned Petitioner who, after being duly sworn, states that the facts set forth in the foregoing petition(and the attached exhibits) are true. Sworn to and subscribed before me this r nI I � /�n ` l � day of � � � , 20 ��t . o�-whUV� t�1,�,Q XG�d�2A �"t I�►� � Signature of Petitioner � � SHANNON ALEXANDRA McNULTY Y l��/CLERK OF PROBATE COURT Printed Name of Petitioner My Commission Expires GPCSF 5 [4J Ef£July 2013 IN THE PROBATE COURT COUNTY OF DEKALB STATE OF GEORGIA IN RE: ESTATE OF ) ) JAMES WILLIAM McNULTY,III, ) ESTATE NO. DECEASED ) ACKNOWLEDGMENT OF SERVICE AND ASSENT TO PROBATE INSTANTER We, the undersigned, being 18 years of age or older, laboring under no legal disability and being heirs of the above-named decedent, hereby acknowledge service of a copy of the Petition to Probate the Will in Solemn Form, purported Will, and notice, waive copies of same, waive further service and notice, and hereby assent to the probate of said Will in Solemn Form instanter. Sworn to and subscribed before �� " A' �, f me this �� day of f E� , 20�. ,�a.ttiv�9'►^ t�l�lX.K�a �G'v�� I`�I Signature of Heir � ' /�� Y Q� SHANNON ALEXANDRA McNULTY ��ICLERK OF PROBATE COURT Printed Name of Heir My Commission Expires r�i GPCSF 5 [5] Eff:July 2013 IN THE PROBATE COURT . . COUNTY OF DEKALB STATE OF GEORGIA IN RE: ESTATE OF ) ) ,,� JAMES WILLIAM McNULTY, III, ) ESTATE NO. 0��r �I�`� DECEASED ) OATH OF EXECUTOR I do solemnly swear or affirm that this writing being presented to this Court dated NOVEMBER 16, 2012, is the true Last Will and Testament of JAMES WILLIAM McNULTY, III, deceased so far as I know or believe, and that I will well and truly execute the same in accordance with the laws of Georgia. So help me God. Sworn to an�subscribed before � a� ^ ,��( me this �r day of��, 20�. ��'` � X I"l � "u Signature of Executor �. � SHANNON ALEXANDRA McNULTY ��7--'� CLERK OF PROBATE COURT Printed Name of Executor GPCSF 5 [7] Ef£July 2013 � IN THE PROBATE COURT COUNTY OF DEKALB STATE OF GEORGIA IN RE: ESTATE OF ) _ ) JAMES WILLIAM McNULTY, ) ESTATE NO. 2014-0189 DECEASED ) ORDER ADMITTING WILL TO PROBATE IN SOLEMN FORM An alleged Last Will and Testament dated NOVEMBER 16. 2012,was propounded. SHANNON ALEXANDR.A McNULTY was nominated Personal Representative by the Testator. The Court finds that the Decedent died domiciled within,or owning property within,the above county. The Court further finds that all of the heirs at law were served or acknowledged service. The Court further finds that no objection has been filed, and all requirements of law have been fulfilled. The Court further fmds that the propounded Will is self-proving. ACCORDINGLY, IT IS ORDERED that the Will dated NOVEMBER 16, 2012 is established as the Last Will and Testament of the Decedent; that the Will be admitted to record as proven in solemn form; and, that the nominated Executor named above has leave to qualify as Personal Representative by taking the required oath, after which Letters Testamentary shall issue. The Clerk shall serve the Personal Representative with copies of this Order and the Letters upon qualification. IT IS FURTHER ORDERED that the Personal Representative shall disburse all property according to the terms of the Will and shall maintain all records of income and disbursements until discharged by Order of this Court. IT IS FURTHER ORDERED that(initial if applicable) (a) One or more Codicils are also admitted to probate, dated as follows: (b)An inventory shall be filed. (c)Annual returns shall be filed. (d) Letters of Testamentary Guardianship and/or Conservatorship shall issue to SO ORDERED this l lth day of March , 2Q 14 d of the Probate Court GPCSF 5 [6] Eff.July 2013 IN THE PROBATE COURT . COUNTY OF DEKALB STATE OF GEORGIA IN RE: ESTATE OF ) JAMES WILLIAM McNULTY, III � j ESTATE NO. 2014-0189 DECEASED ) LETTERS TESTAMENTARY (Relieved of Filing Returns) gy Jeryl Debra Rosh , Judge of the Probate Court of the above County. KNOW ALL WHOM IT MAY CONCERN: At a regular term of Probate Court,the Last Will and Testament dated November 16� 20�2 and Codicil(s)dated N/A of �AMES WILLIAM McNULTY, III , deceased, at the time of his or her death a resident of the above County was legally proven in Solemn form and was admitted to record by order, and it was further ordered that SHANNON ALEXANDRA McNULTY , named as Executor(s) in said Will, be allowed to qualify, and that upon so doing, Letters Testamentary be issued to such Executor(s). NOW,THEREFORE,the said SHANNON ALEXANDRA M�NULTY , having taken the oath of office and complied with all necessary prerequisites of the law, is/are legally authorized to discharge all the duties and exercise all powers of Executor(s) under the Will of said deceased, according to the Will and the law. Given under my hand and official seal,the 11th day of March � 2014 Jeryl Debra Rosh Judge of the Probate Court NOTE:The following must be signed if the Judge does not sign the original of this document: Issued by: (Seal) � �� Clerk/Deputy Clerk of the Probate Court •, :� _ �� . .. GPCSF 5 [16] Eff.July 2013