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HomeMy WebLinkAbout03-11-15 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 request(s)the grant of Letters in the appropriate form: Decedent's Information Name: DeSales M. P. Smith File No: 21'15" bpsq a/k/a: (Assigned by Register) a/k/a: _ a/k/a: Social Security No: _ Date of Death: February 7, 2015 Age at death: 72 Decedent was domiciled at death in Cumberland County, Pennsylvania (state)with his/her last principal residence at 4 Pleasant View Drive, Mechanicsbur, PA 17055 Silver Spring Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 1000 Claremont Road, Carlisle, PA 17013 Middlesex Township Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: 10,000.00 If domiciled in Pennsylvania....... . .... ... ............. All personal property $ 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. ... $ Real estate in Pennsylvania situated at: None (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,dated July 31, 2014 and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,death of executor,eta) Except as follows: after the execution ofthe 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. ,[2]NO EXCEPTIONS EXCEPTIONS B. Petition for Grant of Letters of Administration (If applicable) e.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite, durante absentia, durante minoritate If Administration,e.t a. or dA mc.ta.,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. C=> m -r F]NO EXCEPTIONS ❑EXCEPTIONS c> --,� Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the folloSgV g�ope(if on?)and•heirpf-ttach additional sheets, if necessary): ;, �-- F—a ,i r t` Name Relationship 'Address COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Patricia J. Smith 4 Pleasant View Drive, Mechanicsburg, PA 17059 The Petitioner(s)above-named swe'r(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 Persbna.'R,-presentative(s)of the Decedent,the Petitioner(s)will we ll and truly administer the estate according to law. Sworn to or of.ixined artd b`sc,�ihed before �� „cr��• N�J Date /o /S me thi -d y,a ,�� Date By: Date o e Reg ter. . _ _ Date BOND Required:❑YES --JNO To the Register of Wills: FEES: \ Please enter my appearance by my signature below: Lett s . . . . . . . . . . . . . . . . . .. . . $ v�v\ Attorney Sig ature: ( Short Certificate(s). . . . . . ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . ' ( )Affidavit(s).. . . . . . . . . . . ' Robert G. F@ m Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: e. Commis ion. . . . . . . . . . . . . . . . . Supreme Court ZZ '' Other ID Number: 46397 C.�- i i .s . . . . . . . Firm Name: Frey&Tiley _ . . . . . . . Address: ou anover ree i arise, i CI'1 Ltd C? . . . . . . Phone: 717-243-5838 ; cri Automation Fee. . . . . . . . . . . . . . . Fax: JCS Fee. . . . . . . . . . . . . . . . Email: rey re ey.com TOTAL. . . . . . . . . . . . . . . . . . . . . $ DECREE OF THE REGISTER Estate of DeSales M.P. Smith File No: 21-15- a/k/a: AND NOW, March f 2015 ,in consideration of the foregoing Petition,' satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Patricia J. Smith in the above estate and(if applicable)that the instrument(s) dated July 31, 2014 described in the Petition be admitted to probate and filed of record as the last Will(a d Codicil(s)) of Decedent. g' ter of Wills LAST WILL AND TESTAMENT OF DESALES M.P.SMITH I, DESALES M. P. SMITH,married man, of four (4) Pleasant View Dr.,Mechanicsburg, Pennsylvania 17050, Cumberland County, Pennsylvania, being of sound and disposing mind, memory, and understanding, do hereby make, publish, and declare this as and for my Last Will and Testament,hereby revoking and making void any and all Wills by me at any time heretofore made. 1. I direct my hereinafter-named Executrix to pay all of my debts to which I am bound and the expenses of my funeral, last illness, and of the administration of my estate as soon after my death as may be found convenient to do so. 2. I declare that I am married to PATRICIA J. SMITH, and that I have four children,all of whom are adults: BRIAN D. SMITH, SHERI J. DIEHL, SHARON R. KONIECZNY and SARAH B.BARR. I further declare that I have no other children. 3. All the rest, residue, and remainder of my estate, real, personal, or mixed, and wheresoever the same may be situate, I give, devise, and bequeath to my wife, PATRICIA J. SMITH, her heirs and assigns,to the exclusion of my child or children,born,or unborn,provided my said wife shall survive me by a period of ninety (90) dayf,, In the eft that i,,y said wife should predecease me or fail to survive me by the aforesaid p&664 of nirmy (99)�ays, then in such event all the rest, residue and remainder of my estate,'Irel perseal and-?mixed, and wheresoever the same may be situate,I give,devise and bequeath a§f6 lo a. I give and bequeath those items of tangible personal propertOy-" wned_by me at the time of my death to the persons named on a separate writing thoJ have}irepared. b. All the rest residue and remainder of my estate I give devised bequeath in equal shares to such of my children as shall survive me by a period of ninety (90) days. c. The share payable to my son, Brian Smith pursuant to paragraph 3.a. above shall be paid to my daughter, Sarah Barr, in trust for the benefit of my said son,Brian Smith. I authorize the herein named trustee to receive and invest the same, and to pay the income arising therefrom, together with so much of the principal thereof as in her opinion is necessary or desirable to be expended for the proper health, maintenance, support, of Brian Smith, to or for the benefit of him. Upon the death of Brian D. Smith, the trust shall terminate and the balance held in trust shall be paid to such of his issue as are then living and if there be no such issue, then to such of my issue as are living at the time of his death. d. The share any deceased child would have received shall pass as follows: the sum of $1,000.00 shall be paid to any living unremarried spouse of said deceased child and the balance shall be paid to the issue of the deceased child, per stripes, and if there be no such issue,said share shall lapse and be added to the remaining share or shares per stirpes At the present time I have four(4) children as aforementioned. 4. Should any person less than 21 years of age be entitled to distribution from my estate, in such event the share that person would otherwise have received shall be paid to my hereinafter named Executor or Executors, in trust. I authorize the herein named trustee to receive and invest the same,and to pay the income arising therefrom,together with so much of the principal thereof as in his, her or their opinion is necessary or desirable to be expended for the proper maintenance, support, and education of such person, to or for the benefit of such person, and upon such person attaining 21 years of age to pay to him or her the then remaining principal together with any undistributed income. 5. I hereby nominate, constitute, and appoint my wife, PATRICIA J. SMITH, as Executrix of this my Last Will and Testament, but should she predecease me or fail to qualify, then in such event I nominate,constitute,and appoint my children,BRIAN D. SMITH, SHERI J. DIEHL, SHARON R. KONIECZNY and SARAH B. BARR, or any of them as Executors, and I Page 1 of 3 pages further direct that none of them shall be required to post any bond to secure the faithful performance of his or her duties in the Commonwealth of Pennsylvania or in any other jurisdiction. 6. In addition to the powers conferred by law,my herein named Executors and Trustees are empowered: a.To invest any part of the trust corpus in such securities,investments,or other property as may be deemed advisable and proper,irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. b.With respect to any corporation,the stocks,bonds,or other securities of which may be held,to vote in person or by proxy on any shares of stock; to consent to the merger, consolidation or reorganization of such corporations; to consent to the leasing,mortgaging,or sale of the property of any such corporations; to make any surrender,exchange or substitution of such stocks,bonds,or other securities as an incident to the merger,consolidation or reorganization of such corporations; to pay all assessments,subscriptions and other sums of money which may be deemed wise and expedient for the protection and maintenance of the proportionate interest of the investment in such corporations; to exercise any option or privilege which may be conferred upon the holders of such stocks,bonds,or other securities of such corporations either for the conversion of the same into other securities or for the purchase of additional securities,and to make any and all necessary payments which may be required in connection therewith; and generally to have and exercise as to all such stocks,bonds,and other securities,the powers of an individual owner who is under trust obligation. c.To hold the trust corpus in one or more consolidated funds in which separate shares shall have undivided interests. d.To sell at public or private sale for cash or upon credit,or partly for cash and partly on credit,and upon such terms and conditions as shall be deemed proper,any part or parts of the trust estate,and no purchaser at any such sale shall be bound to inquire into the expediency or propriety of any such sale or to see to the application of the purchase money arising therefrom. e.To keep on hand and uninvested such moneys as may be deemed proper and for such period as may be found expedient. f.To compromise,settle,or arbitrate any claim or demand in favor of or against the trust estate. g.And authorized in the discharge of fiduciary duties,to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the principal or income of the trust fund,and shall further be entitled to charge against the principal or income such other reasonable expenses and charges as may be necessary and proper to incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. h.In making any division of property into shares for the purpose of any distribution thereof directed by the provisions of the trust,to make such division or distribution,either in cash or in kind,or partly in cash and partly in kind,as shall be deemed most expedient,and in making any division or distribution in kind may allot any specific security or property or any undivided interest therein to any one or more of such shares,and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value for purposes of distribution of the securities or property so allotted shall be final and conclusive upon all persons interested in the trust or in the division or distribution thereof. i. Authorized to register any shares of stock or other assets of any trust in their own names or in the name of a nominee. j. To retain and invest in shares of stock of my Trustee. Page 2 of 3 pages k. To retain any investments including mutual funds which I may own at the time of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper,irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. 1. To determine from time to time whether all or some portion of realized capital gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal to be retained as part of the corpus,and such designation need not be consistent from one year to another. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament written on 3 pages,this 31" day of July,2014. (SEAL) DESALES M.P. SMITH Signed, sealed, published and declared, by DESALES M. P. SMITH, the Testator above named, as and for his Last Will and Testament, in our presence, who, in his presence, at his request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) We,DESALES M.P.SMITH,the Testator herein,and Robert G.Frey and ,the witnesses,to the Last Will and Testament,the attached or foregoing instrument,who have signed the instrument,having been duly qualified according to law do depose and say: a. that I,the Testator,do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament,that I signed it willingly and as my free and voluntary act for the purposes therein expressed;and b. that we,the witnesses,were present and saw the Testator sign and execute the instrument as his Last Will and Testament,that he signed it willingly and executed it as his free and voluntary act for the purposes therein expressed;that each of us in the hearing and sight of the Testator signed the Last Will and Testament as a witness and that to the best of our knowledge the Testator was at that time eighteen(18)or more years of age,of sound mind and under no constraint or undue influence. DES ES M.P.SMITH 7, �! Subscribed,sworn to and acknowledged before me by the Testator and the witnesses above-named,this 31' day of July,2014. fQ/d� Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL TRISHAA.LIESS,Notary Public 8"h of Carlisle,Cumberland County,PA My Commission Expires May 20,2018 Page 3 of 3 pages REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA of CU No. 2015- 00259 PA No. 21- 15- 0259 J Estate Of: DESALES M P SMITH 0 D ?j (First,Middle,Last) � v Late Of: SILVER SPRING TOWNSHIP CUMBERLAND COUNTY Deceased 1750 Social Security No: WHEREAS, on the 11th day of March 2015 an instrument dated July 31st 2014 was admitted to probate as the last will of DESA LES M P SMITH (First,Middle,Last) late of SILVER SPRING TOWNSHIP, CUMBERLAND County, who died on the 7th day of February 2015 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, LISA 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: PA TRI CIA J SMITH .who has duly qualified as EXECUTOR(RIX) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYL VA NIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my-, office on , the 11th day of March 2015. C\1 r- l.L.. �- gis ter of l s C= C a Dty CJ U E- Cx -.' Ci.9 CD LIJ C� C> r� **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)