HomeMy WebLinkAbout04-30-15 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 ^ Q
Name: Wilmer F.Maryberry File No: I
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: Age at death: 102
Decedent was domiciled at death in Cumberland County, Pennsylvania (state)with his/her last
principal residence at Sarah A.Todd Memorial Home,1000 West South Street,Carlisle,PA 17013
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 1000 West South Street,Carlisle,PA 17013
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedent's property at death:
0.00If domiciled in Pennsylvania.. ... ...................... All personal property Y $
If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $
If not domiciled in Pennsylvania. ....................... Personal property in County $
Value of real estate in Pennsylvania........................ .'.........1......I ... ...... ...... $
TOTAL ESTIMATED VALUE. ... $ 0.00
Real estate in Pennsylvania situated at: None.
(Attach additional sheets,if necessary) Street address,Post Office and Zip Code City,Township or Borough ggwty
ri t„Gctl7.
• A. Petition for Probate and Grant of Letters Testamentary o
Petitioner(s)ave s he/she/the is/are the Executors named in the last Will of the Decedent,dated 10/29/199 0 end L s
thereto dated a r� W rr 3 tT?
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,e6 not a p'�to a,enftg
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(g),and'drdriot hav hlMp�rr
! adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
Q NO EXCEPTIONS O 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 db.nxa 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.
Q NO EXCEPTIONS O 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
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF }
Petitioner(s)Printed Name Petitioner(s)Printed Address
Judy A.Kennedy 5 Eastwick Lane,Carlisle,PA,17015
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 D dent,the Petitioner )will well and truly administer the estate accor mg to law.
Swom to or affirmed a d subscribed before Datel `
me this 3511 day of t 15 Date
By: ✓K ` Date
For the Register Date
BOND Required: Q YES NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Les . . . . . . . . . . . . . . . . . . . . . . $ Attorney Signature:
( ) Short Certificate(s). . . . . . a•n
( )Renunciation(s).. . . . . . . .
( )Codicil(s). . . . . . . . . . . . .
( )Affidavit(s).. . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed TltXame. John B.Whalen,Jr.,Esq.
Commissiop. ( . . . . . . . . . . . . . . . . Supreme Court
Other ( ) ID Number: 60297
John B.Whalen,Jr.,J.D,LL.M. r
an may yz 1!Y1 1 Firm Name: r,
. . . . . . . . Address: 1199 Heyward Road= �, —rF6
. . . . . . . . Wayne,PA 1.9087 � , —
610-407-0220
C=) rnFri
.
. . . . . . . . Phone: '' G�
S r '` Yt
Automation Fee. . . . . . . Fax: 610-407-0220 �
. . . . . . . . "
JCS Fee. . . . . . . . . . . . . . . . . . . . . Email: jw60297@me.com -1173 �»
�
Cil
DECREE OF THE REGISTER
Estate of Wilmer F.Maryberry File No: 2 '113r it
a/k/a:
AND NOW, (� ,in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters
are hereby granted tor)P—
in the above estate and(if applicable)that
the instrument(s)dated��2 1, �
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent.
kegfiter of Wil
'REGI'STr" ()F WILLS,
?� PPR 30LAWMLL AND TESTAMENT
GLERK GE
I, WHR NP. CMA-'�YERRY, of the Township of Middlesex, County
'UMBERL...'�`? . , PA
of Cumberland, Commonwealth of Pennsylvania, being of sound and
disposing mind, memory and understanding, do make, publish and
declare this as and for my Last Will and Testament, hereby
revoking and making void' all former wills and codicils by me at
anytime heretofore made.
IFIRST. I order- and direct that all my just debts and
funeral expenses be paid by my personal representative or
representatives, hereinafter named, as soon as conveniently may
be done after my decease.
SECOND. I gi,-.re and bequeath my Savage 12 gauge pump shotgun
to my nephew, JOHN MAYBERRY, absolutely and in fee simple, if he
survives me.
THIRD. All the rest, residue and remainder of my Estate,
eat, personal and mixed, whatsoever and wheresoever situate, I
give, devise and bequeath unto my wife, ESTHER S. MAYBERRY,
absolutely and in fee simple, if she survives me.
FOURTH. For the purposes of this my Last Will and
Testament, a person shall not be deemed to have survived me
unless he or she shall have survived me by more than ninety (90)
days.
FIFTH. If my wife, ESTHER S. MAYBERRY, should fail to
_survive me, I give, devise and bequeath all of the said residue
of my Estate unto my daughter, JUDY A. KENNEDY, absolutely and in
WAYNE F. SHADE
Attorney at Law
5 South Hanover Street
Carlisle, Pennsylvania
17013
i
r
r
fee simple. If she should fail to survive me, I give, devise and
bequeath the same unto my granddaughter, STACEY GOLEC, absolutely
and in fee simple, if she survives me.
SIXTH. If all of the aforesaid should fail to survive me, I
give, devise and bequeath the said residue of my Estate unto my
sisters, DOROTHY M. MILLER and ROSAMOND S. KERR, absolutely and
in fee simple, in equal shares. If either of them should fail to
survive me, I give, devise and bequeath the said residue of my
Estate unto the one of them who shall survive me, absolutely and
in fee simple.
SEVENTH. I order and direct that any estate, inheritance or
similar tax due as a result of my death with respect to any
property passing as a result of my death, shall be paid from the
residue of my Estate before its division into shares and prior to
distribution as an expense of administration and `that no part of
the taxes should be prorated or apportioned among the persons or
beneficiaries receiving the taxable property. It is my express
kroperty
tention that all inheritance taxes imposed as a result of my
ath be paid from the residue of my Estate whether or not the
passes under my Last Will and Testament. My personal
representative shall have full power and authority to pay,
LQ
compromise or settle any such taxes at anytime whether_ with
respect to present or future interests.
EIGHTH. Any and all decisions, determinations or actions
made or taken by a personal representative or Trustee hereunder,
WAYNE F. SHADE
Attorney at law —2-
5
2-
5 South Hanover Street
Carlisle, Pennsylvania
17013
if made in good faith, shall be final and conclusive on all
persons who are or may become interested in my Estate. No
fiduciary acting under this my Last Will and Testament shall be
liable for any error in judgment or for any depreciation or
reduction in value of any Estate or Trust assets at anytime, in
the absence of willful default.
LASTLY. I nominate, constitute and appoint my wife, ESTHER
S. MAYBERRY, to be the Executrix of this my Last Will and
Testament, but if, for any reason, she should fail to qualify as
such Executrix or decline or cease so to serve, ,! nominate,
constitute and appoint my daughter, JUDY A. KENNEDY, to be the
Executrix hereof, each to serve without bond.
IN WITNESS WHEREOF, I, WILMER F. MAYBERRY, have hereunto set
my hand and seal to this my Last Will and Testament which
consists of five (5) typewritten pages to each of which 1 have
affixed my signature, this 29th day of October , A.D.
One Thousand Nine Hundred Ninety-Four (1994) .
(SEAL)
Wilmer F. May er
The preceding instrument, consisting of this and four (4)
other typewritten pages, each identified by the signature of the
Testator, was on the date thereof signed, sealed, published and
declared by WILMER F. MAYBERRY, the Testator therein named, as
his Last Will and Testament, in the presence of us, who, at his
WAYNE F. SHADE
Attorney at Law —3-
5
3-5 South Hanover Street
Carlisle,Pewtsylvania '
17013
request, in his presence, and in the presence of each other, have
subscribed our names as witnesses hereto.
Acknowledgment
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF CUMBERLAND )
I, WILMER F. MAYBERRY, the person whose name is signed to
the foregoing instrument, having been duly qualified according to
law, do hereby acknowledge that I signed and executed the
instrument as my Last Will and Testament and that I signed it
willingly and as my free and voluntary act for the purposes
therein expressed.
Sworn to or affirmed and acknowledged before me by WILMER F.
MAYBERRY, this 29th day of October 1994 .
Wilmer F.. Mayberr
Notary Pu45lic
EConnle
tarial Seat
Tritt. Notary Public
AffidavitCumberland .County
n Expires Oct. 5. 1996
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF CUMBERLAND )
We, Wayne F. Shade and Krista King the
witnesses whose names are signed hereto, being duly qualified
according to law, do depose and say that we were present and saw
the Testator sign and execute the instrument as his Last Will and
Testament; that the Testator signed willingly and executed it as
WAYNE F. SHADE
Attorney at Law —4-
5
4—
S South Hanover Street
Carlisle, Pennsylvania '
17013
r
his free and voluntary act for the purposes therein expressed;
that each subscribing witness in the hearing and sight of the
Testator signed the Will as a witness; and that, to the best of
our knowledge, the Testator was at that time eighteen or more
years of- age, of sound mind and under no constraint or undue
influence.
Sworn to or affirmed and subscribed to before me by
Wayne F. Shade and Krista King witnesses,
this 29th day of October 1994.
a`.
Notary Public
Notarial. Seal
Connie J. Tritt, Notary Public
Carlisle. Cumberland County
My Commission Expires Oct. 5. 1996
WAYn F. SHADE
Attorney at Law —5-
5
5-
5 South Hanover Street
Carlisle, Pennsylvania '
17013