HomeMy WebLinkAbout03-25-15 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 requests the grant of Letters in the appropriate form:
Rufus G.Eshleman,Jr.
Decedent's.Information �J
Name: Rufus G.Eshleman File No: 21
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 03/16/2015 Age at Death: 97
Decedent was domiciled at death in Cumberland County, PA. (State)with his/her last
principal residence at 309 Fifth Street,Enola 17025 East Pennsboro Twp. Cumberland
Street address,Post Office and Zip Code City,Township,or Borough County
Decedent died at 1995 Technology Parkway 17050 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 $ 55,000.00
if not domiciled in Pennsylvania................. Personal property in Pennsylvania $
If not domiciled in Pennsylvania................. Personal property in County $
Value of real estate in Pennsylvania........... $
TOTAL ESTIMATED VALUE $ 55,000.00
Real estate in Pennsylvania situated at
(Attach additional sheets,if necessary.)
Street address,Post Office and Zip Code City,Township or Borough County
❑X A. Petition for Probate and Grant of Letters.Testamentary
Petitioner(s)aver(s)that he/sheithey is/are the Executor(s)named in the Last Will of the Decedent,dated 02/03/1998 and Codicils)
thereto dated
(State relevant circumstances;e.g.,renunciation,death of executor;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.
-QX NO EXCEPTIONS Q EXCEPTIONS
❑ B. Petition for Grant of Letters of Administration (if applicable)
c.7.775.n.; ...n.c..a.;pe en e lite;durante absentia; urante minonta e
If Administration,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 party to 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.
FIND 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,if necessary):
Name Relationship Address t;- a"
21n V-1
Tv t` f'i1
Form RW-02 rev.10-11-2011 - Copyright(c)2011 form software only The Lackner Group,inc. - Page 1 of 2
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Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
COUNTY OF Cumberland } ss:
Petitioner(s)Printed Name Petitioner(s)Printed Address o '
Rufus G.Eshleman,Jr. 820 Pottsville Street
Lykens,PA 17048 07,
r" f-"'1 cri - CI
co
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 Decedent,Petitioner(s)will�well and truly administer the estate according to law.
��Ll^�o ��//�1 �t/
Sworn to or affirmed and subscribed before Date
- -
me this day of r Date
BY L- d d8_ Date
Forthe Register ', _ Date
BOND Required? Yes �No To the Register of Wills:
FEES Please enter my appearance by my signature below:
Letters............................................ $ x(35 Attorney Signature:
(-5—)Short Certificate(s).......... �
( )Renunciation(s)...............
( )Codicil(s).........................
Affidavit(s)....................... Printed N e: Terrence J Kerwin
Bond.............................................. Supreme Court
Commission.............................:..... ID Number: 29922
Other
M I 1 Firm Name: Kerwin&Kerwin,LLP
it\u nioN I Address: 4245 State Route 209
Elizabethvilie,PA 17023
Phone: 7171362-3215
Automation Fee............................. Fax: 717/362-4459
JCSFee.........................................
TOTAL........................................... $ (79 Ll E-mail: tjk@kerwinlawfirm.com
DECREE OF THE REGISTER
Date of Death: 03/16/2015
Social Security No:
Estate of Rufus.G.Eshleman File No: 21 -
alk/a:
AND NOW, ,� a o�d 5 in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary
are hereby granted to Rufus G.Eshleman,Jr.
in the above estate and(if applicable)that the instrument(s)dated 02/03/1998
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil s))of Decedent.
Register o WIIis
copyright(c)2011 form software only The Lackner r up, ic. Page 2 of 2
LAST WILL AND TESTAMENT OF
<75
RUFUS G. ESHLEMAN '
:W'
I, RUFUS G. ESHLEMAN, of Cumberland County, Pennsylvania`; do
hereby make this my Last Will and Testament, revoki.ng,ryany ,fo�r-per ' 'x
r C"J
Wills and Codicils made by me.
FIRST: I am married to Edna P. Eshlemanand all refe ncesa
to my wife in this -Will are to her. I. have three children from
my prior marriage: Joyce Ann Myers (born September 5, 1947) ;
Rufus G. Eshleman, Jr. (born July 7, 1949) ; and Karen L. Eshleman
(born July 20, 1951) . All references to my children in this Will
are to them.
SECOND: I give my tangible personal property and all
casualty insurance that I am carrying on said tangible personal
property to my wife and my children, to be divided equitably
among or between them as they may determine, or, if they are
unable to agree, as my Executor shall determine, after consider-
ing the wishes of my wife and my children. Provided, however,
that if my wife shall survive me, I give her all of my right,
title and interest in and to our 1993 Nomad Travel Trailer. I
have complete confidence that my wife, my children or my Executor
will honor any written instructions that I may - leave with regard
to tangible personal property. Any such property not so distrib-
uted shall be sold, and the proceeds added to my residuary estate
to pass as hereafter described.
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THIRD: I give, devise and bequeath all the rest, residue
and remainder of my property of every kind and description
(including lapsed legacies and devises) wherever situate and
whether acquired before or after the execution of this Will,
absolutely in fee simple to my children, per stirpes.
FOURTH: If all the beneficiaries described in Article Third
above are deceased and no other disposition of the residue of my
estate is directed by this Will, then and in that event only, I
give, devise and bequeath such rest, residue and remainder of my
estate, real and personal, to those persons living at the date of
my death who would be my heirs, their identities and respective
shares to be determined in accordance with the law in effect in
the Commonwealth of Pennsylvania at my death, as if I had died
intestate.
FIFTH: No person shall benefit hereunder unless such
beneficiary shall survive me by thirty (30) days.
SIXTH: (1) I name my son, Rufus G. Eshleman, Jr. , as my
Executor. If he is unable or unwilling to serve, I name my
daughters, Joyce Ann Myers and Karen L. Eshleman, as my Co-
Executors. I direct that my Executor or Co-Executors,. herein
referred to as my Executor regardless of number or gender, serve
without bond in any jurisdiction in which called upon to act.
(2) Except as otherwise provided herein, if all of the
above persons should fail to qualify as my Executor hereunder, or
for any reason should cease to act in such capacity, the succes-
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sor or substitute Executor shall be some attorney or bank or
trust company with trust powers, which successor or substitute
Executor shall be designated in a written instrument filed with
the court having jurisdiction over the probate of my estate and
signed by my wife, or if she fails to act, signed by or on behalf
of my oldest living child, or if he or she fails to act, by the
court having jurisdiction over the probate of my estate.
(3) My Executor shall receive reasonable compensation
for services rendered.
tSEVENTH: (1) I give to any Executor named in this Will or
any Codicil hereto or to any successor or substitute Executor all
of the powers enumerated in this Will and all of the powers
applicable by law to fiduciaries in the Commonwealth of Pennsyl-
vania and in particular through the Pennsylvania Probate, Estates
and Fiduciaries Code, as effective and as in effect on the date
of my death, during the administration and until the completion
of the distribution of my estate. I direct that all such powers
shall be construed in the broadest possible manner and shall be
exercisable without court authorization.
(2) My Executor is authorized and empowered to acquire
and to retain, either permanently or for such period of time as
my Executor may determine, any assets, including the capital
stock of any closely held corporation, whether such assets are or
are not of the character approved or authorized by law for
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investment by fiduciaries and whether such assets do or do not
represent an overconcentration in one investment.
(3) My Executor is authorized and empowered to dis-
claim any interest, ' in whole or in part, of which I, or my
Executor, may be the beneficiary, devisee, or legatee, by execut-
ing an appropriate instrument (in accordance with section 2518 of
the Internal Revenue Code of 1986, as amended, or such similar
secton; as, may then .be in effect)
(4) My Executor is authorized and empowered to sell at
public or private sale, or exchange, and to encumber or lease,
for any period of time, any real or personal property and to give
.r options to buy or lease any such property. Additionally, my
Executor is authorized and empowered to compromise claims, to
_ ,._ ... borrow from anyone (including a fiduciary hereunder) and to
pledge property as security therefor, to make loans to and to buy
property from anyone (including a fiduciary or beneficiary
hereunder) ; provided that any such loans shall be adequately
secured and at a fair interest rate.
(5) My Executor is authorized and empowered to allo-
cate property, charges on property, receipts and income among and
between principal or income, or partly to each, without regard to
any law defining principal and income.
EIGHTH: 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
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gross estate for death tax purposes, whether or not such property
passes under this Will, shall be paid out of the residue of my
estate, as if such taxes were expenses of administration, without
apportionment or right of reimbursement. I authorize my Executor
to pay all such taxes at such time or times as deemed advisable.
IY WITNESS WHEREOF, I have set my hand and seal on this my
Last Will and Testament this �jday of --e6ruc-&T 1998.
(SEAL)
4RS . ESHLEMAN
SIGNED, SEALED, PUBLISHED, and
DECLARED by RUFUS G. ESHLEMAN,
as and for his Last Will and
Testament, on the day and year
last above written, in the
presence of us, who, at his
request, in his presence, and
in the presence of each other,
all being present at the same
time, have hereunto subscribed
our names as witnesses:
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SELF-PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA .
SS.
COUNTY OF CCc%In,�e
WE, RUFUS G. ESHLEMAN and WILLIAM E. MILLER, JR.
and KAREN M. PARIS , 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 (willingly directed another to sign for
him) , 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 to the best of his or her knowledge the Testatorwas
at that time. eighteen (18) years of age or older, of sound mind,
and under no constraint or undue i lue e.
RfJZJS G. ESHLEMAN, Testator
Witness
Witness
Witness
Subscribed, sworn to, and acknowledged before me by RUFUS G.
ESHLEMAN, the Testator, and subscribed and sworn to before me by
WILLIAM E. MILLER, JR. , , and
KAREN M. PARIS , witnesses, this �Jrd day
of - �1'Ll�� , 1998.
otary Pu is
NOTARIAL SEAL
TRACEY G.EARNER,Klotary Public
Enola,Cumberland County —6—
iVly CornmiSsjor;r'_Y;�ires April 2,2001