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HomeMy WebLinkAbout04-01-15 (3) 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 request(s)the grant of Letters in the appropriate form: Decedent's Information Name: M A P-Y 6 L(E"-T H File No: �� � ( I ��� 2- a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: O O/`f Age at death: ? -)— Decedent -)Decedent was domiciled at death in 0-u mbe r lc nd County, 1�4 (state)with his/her last principal residence at 190-5' L457- 2t ti o c4r lZd t'�I7 e(hq i1 1 c5 AtA r e.- 10# /70 5-0 Cifm6e✓/g s, Street address,Post Office and Zip Code City,Township or Borough County Decedent died at loo rq• i4lleo br, kie-chAiv,cs buy,,�- pfi- 1106-6 64-1nbe✓1QnW OK/4 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 $� 00 a 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. ... $ 4�y o D Real estate in Pennsylvania situated at: (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent, to ®(e /`J�� c/�'9 and Codicil(s) 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. 'ONO EXCEPTIONS E]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,durante minoritate 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 a 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. ❑NO EXCEPTIONS ❑EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survivedby the following spouse(if any)and heirs(attach additional sheets, if necessary): Name Relationship Address ry C> o C> Cl) m ��. CD r- M Form RW-02 rev.10/1112011 Nom, GJ plgecll Of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address ne L. /), lvOs` l t e_5Ti LA e %705 v 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).gdd that,as Pez..,3m'Representative(s)of the Decedent,theetitioner(s)w ell a truly administer the estate according to law. Sworn to affirmed and subscribed before Date � 1 day of Date 13yi_ Date Fvr the Regist,,er' Date BOND Required:MXES E3-" To the Register of Wills: FEES: ��-11 Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ 3C) Attorney Signature: ( ) Short Certificate(s). . . . . . 6 ( 1 ) Renunciation(s).. . . . . . . . C= ( ) Codicil(s). . . . . . . . . . . . . Grni ( )Affidavit(s).. . . . . . . . . . . t 1ZZ C-) Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: jX J" : l Commission. . . . . . . . . . . . . . . . . . Supreme Court µ Other . . . . . . . . ID Number: -) C1 _rl 11V�Q Y�4f1�1 . . . . . . . . Firm Name: C_� . . . . . . . Address: ,, -t C� —1�'- M' CA CJ7 C>i . . . . . . . . Phone: Automation Fee. . . . . . . . . . . . . . . ; Fax: JCS Fee. . . . . . . . . . . . . . . . . . . . . o Email: TOTAL. . . . . . . . . . . . . . . . . . . . . $ DECREE OF THE REGISTER n �1 " Estate of t AQs�1 . LQ. -File No: /I Zl1 2- a/k/a: s� AND NOW, ` �J ,in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters are hereby granted to L . lurinQ in the above estate and(if ap cable)that the instrument(s) dated CACXAH d described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. r\��A t Anj�jla) 4 egis er of Wills Form RW-02 rev.10111/2011 age 2 of 2 OATH OF NON-SUBSCRIBING NVITNESS(ES) REGISTER OF WILLS (iL,4m 6ev- )4 r) COUNTY, PENNSYLVANIA Estate of P_ Deceased and (each) being duly qualified according to law, depose(s) and say(s) that ( she/he)/they was were well- acquainted with MA-rq and am/are familiar with the handwriting and signature of the decedent, and that the signature of AA r-� )_eG'A-r H, to the foregoing instrument purporting to be the Last Will and Testament/Codicil of M,4� 4ec_,_jj_j1 is in his/her own proper handwriting. (Signature) (Signature) 5 7- 4,e�A� 6&� � _ (Street Address) reel Address) z {City,State, Zip) 1�-7 0 (City.Stare,Zip) Executed it Register's Off Sworn to or affirmed, �ds'bgcrib' 4 u ed C= M ' before me this' day M ofQQZ. M M M � cn 7-Vt cam" c*)� Deputy for Register of Wills c� rn W C� CD Form RW-04 rev. 10.1106 RENUNCIATION REGISTER OF WILLS ,c Crl M' CUMBERLAND COUNTY, PENNSYLVANIA ,c � C' ' a > r- . t- M rpt . > r:, 7,tom y =D -*i co rn Estate of M14R y 1,e&4 rN " `� WDeopagd co I, T�f4l S �er�� , in my capacity/relationship as Y (Print ame) �,D eX uT_0 4. .SD A/ of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to (Date) (Signature) (Street Address) 6ro-t (city.State,zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Before the undersigned personally appeared the before me this day party executing this renunciation and certified of that he or she executed the renunciation for the purposes stated w'thin on this /?1-4 day of �u Z-0I.<--- . -1UC A.SAINT-VICTOR Deputy for Register of Wills Notary 1 _•; Notary Public-State of Florida My Comm' ion lid My Comm.Expires Nov 8,2016 OFF, Commission#EE 850568 ••�11 F, (Signature and Seal of Notary or other of is a u i t administer oaths. Show date of expiration of Notary's Coimnission) Foran RW-06 rev.10.13.06 Iravit Vill antr '(51:evitament I, MARY B. LEGATH, widow, of the Borough of Aspinwall, do make this my Last Will and Testament, hereby revoking any and all Wills and Codicils at any time previously made by me. FIRST: I direct that the expense of my last illness and funeral be paid out of my estate as soon as may be c��ongeniep'_A M {` after my death. f =0 U' '�U` i .M, SECOND: I give my automobile, together with an i`isuMln e -�'l �? thereon, to my son, REGIS F. LEGATH, if he survives --me; or he C-0 U) o: -, y ssurvfails to survive me, I give said property to such of his issue as - survive ive me, per stirpes. THIRD: I give my jewelry and clothing to my daughter, ELAINE LEGATH McKENNA, if she survives me; or if she fails to survive me, I give said property to such of her issue as survive me, per stirpes. FOURTH: I give the rest of my personal property, furniture and furnishings, together with any insurance policies thereon, to my children, REGIS F. LEGATH and ELAINE LEGATH McKENNA, to be divided and distributed between them as they shall agree and in -l- as nearly equal shares as they deem practicable. Should my son and/or my daughter fail to survive me, I give his or her share of said property to such of his or her issue as survive me, per stirpes; and in default of such issue, his or her share of said property shall be added to the share for the other named child or his or her issue. FIFTH: I give the house and lot, presently known and numbered as 306 Fourth Street, in the Borough of Aspinwall, Allegheny County, Pennsylvania, together with any insurance thereon, jointly to my daughter, ELAINE LEGATH McKENNA and my son, REGIS F. LEGATH. If either of said ELAINE LEGATH McKENNA or REGIS F. LEGATH shall want sole title to said residence and real estate, and the other concurs, said child shall take title an ownership of the residence and real estate upon payment of fifty percent ( 50%) of the fair market value of said residence and real estate to the other. Otherwise, said residence shall be sold for at least the fair market value and the proceeds split equally between ELAINE LEGATH McKENNA and REGIS F. LEGATH. If either ELAINE LEGATH McKENNA or REGIS F. LEGATH shall survive me while the other does not, the one-half share which would otherwise have been that of the deceased ELAINE LEGATH McKENNA or REGIS F. LEGATH shall be split per stirpes among the surviving children of said ELAINE LEGATH McKENNA or REGIS F. LEGATH, whichever is deceased. If neither ELAINE LEGATH McKENNA or REGIS F. LEGATH -3- survive me, the one-half share of the house and lot which would otherwise have been that of ELAINE LEGATH McKENNA or REGIS F. LEGATH shall be split per stirpes among the children of each; i.e. , the children of REGIS F. LEGATH shall split equally his one-half share while the children of ELAINE LEGATH McKENNA shall split equally her one-half share. SIXTH: All the rest, residue and remainder of my estate I give in two equal shares, one of said shares to each of my children, REGIS F. LEGATH and ELAINE LEGATH McKENNA. Should my son and/or my daughter fail to survive me, I give his or her share of my estate to such of his or her issue as survive me, per stirpes; and in default of such issue, his or her share of my estate shall be added to the share for the other named child or his or her issue. SEVENTH: I direct that all estate, inheritance and other taxes in the nature thereof, together with any interest and penalties thereon, becoming payable because of my death with respect to the property constituting my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid from the principal of my residuary estate; and no person receiving or having a beneficial interest in any such property, whether under this Will or otherwise, shall at any time be required to contribute to or refund any part thereof; -4- PROVIDED, however, that this direction shall not apply to the taxes on any property included in my estate solely because of a power of appointment thereover which I possess but have not exercised or to any generation-skipping transfer taxes. EIGHTH: I direct my Executors to claim any expenses of administration of my estate as income tax deductions upon an income tax return or returns whenever in the Executors' sole judgement such action will achieve an overall reduction in the total income and death taxes. No compensating adjustments between income and principal shall be made as a result of such action. NINTH: No bond or other security shall be required of any fiduciary or successor fiduciary hereunder in any jurisdictio . TENTH: I appoint my son, REGIS F. LEGATH, and my daughter, ELAINE LEGATH McKENNA, Co-Executors of this my last Will. In case of the inability or unwillingness of either Co- Executor to act or to continue as a Co-Executor, I appoint the other Co-Executor as Sole Executor or Sole Executrix of this Will as the case may be. As used in this Will, the term Executors shall refer to the Co-Executors, Executor or Executrix serving at the time. i -5- ELEVENTH: I appoint REGIS F. LEGATH and ELAINE LEGATH McKENNA Co-Guardians of the estate of any minor receiving any sums of money, real property or other intangible personal property free of trust by reason of my death, if such property is in excess of the amount which may be paid to the natural Guardian; and I authorize said Guardians, in their sole discretion and without order of court, to retain such property in kind or to sell the same, without being limited to "legal" investments and to use both income and principal for the minor' s welfare, comfortable support and education, including college expenses. In case of the inability or unwillingness of either Guardian to act or continue as a Guardian, I appoint the other as sole Guardian. -6- IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of 19_ ,u (SEAL) Signed, sealed, published and declared by the Testatrix above named, as and for her Will in the presence of us, who at her request, in her presence and in the ,presence of each other, have hereunto subscribed our names as witnesses hereto. Addr ss: Ad res 42YQ Address: (� V -7- COMMONWEALTH OF PENNSYLVANIA. ) COUNTY OF ALLEGHENY ) I, MARY B. LEGATH, the Testatrix whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the said instrument as my Will, that I signed it willingly and that I signed it as my free and voluntary act for the purposes therein , expressed. Sworn to and acknowledged before me, the undersigned Notary Public, by the said MARY B. LEGATH, Testatrix, this 1�day of 19M. OA44te" Fi { NOTARIAL XAL CH NOTARYPUBLIC COMMONWEALTH OF PENNSYLVANIA PITTSBURGH.ALLEGtNYCOUNTY MYCOMMiS9,0N WIRES MAY 11,199'2 COUNTY OF ALLEGHENY ) Member,PenaWyania Association of Notatles r We, zr and ' ^� �� the witnesses whose names are signed to the foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw MARY B. LEGATH, the Testatrix therein named, sign and execute the said instrument as her will, that she signed willingly and that she executed it as her free and voluntary act .i 8- for the purposes therein expressed; that each of us in the hearing and sight of the said Testatrix signed the Will as witnesses; and that to the best of our knowledge the said Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn- to and subscribed to before me, the undersigned Notary Public, by the said witnesses, , and , this � day of ��� 19Ff l _ Notary Public M�0141_SEAL CHARLENE A BARKEt NOTARY PUBLIC KrrSBURGH..SLI.EGNEWY COUNTY MYCOMMiS.%ON EXPIRES MAY 11,1992 Member,Peft aegtrania Association of Notaries