HomeMy WebLinkAbout05-05-15 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:
Ida Mae Black
Decedent's Information
Name: Edna P Eshleman File No: 21 -15-t��(� �
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No: 201-16-5586
Date of Death: 04I2612015 Age at Death: 88
Decedent was domiciled at death in Cumberland County, pq (State)with his/her last
principal residence at 1309 5th Street,Enola 17025 Enola Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 1309 5th Street,Enola 17025 East Pennsboro Cumberland PA
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedenYs property at death:
Ifdomiciled in Pennsylvania........................ All personal property $ 79,500.00
If not domiciled in Pennsylvania................. Personal property in Pennsylvania $
If not domiciled in Pennsylvania................. Personal property in County $
Va/ue of rea/estate in Pennsylvania........... $ 100,000.00
TOTAL ESTIMATED VALUE $ 179,500.00
Real estate in Pennsylvania situated at 1309 5th Street,Enola 17025 East Pennsboro Township Cumberland
(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 Testamentarv
Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 06118I2008 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 mar ,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.
�X NO EXCEPTIONS Q EXCEPTIONS
❑B. Petition for Grant of Letters of Administration (If applicable)
c._a_; . .n.; .b.n.c..a.;pe en e i e; uran e a sent�a; urante minontate
If Administration,c.ta 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.
� NO EXCEPTIONS� EXCEPTIONS
Petitioner(s),after a proper search has/have ascertained that Deoedent left no Wiil and was survived by the following spouse(if any)and heirs(attach
additional sheets,if necessary):
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Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
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Petitioner(s)Printed Name Petition`er(s)Printed Address [� -�.j �,, ._ c�
Ida Mae Black P.O.Box 566 �- �� r_7
Enola,PA 17025-0566 . ;,; �-, r r�
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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, itioner(s) � ell and truly administer the estate according to law.
Swom or u�med an ubscribed,.�efore'� � � Date �S-C�-ZC(5
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�For the Register
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BOND Required? � Yes � No To the RegisterofWills:
FEES Please enter my appearance by my signature below:
Le ............................................ $ '6� Attorney Signature:
c �)Short Certificate(s).......... ��.�i�
-
c )Renunciation(s)............... ���.K ���
( )Codicil(s).........................
( )Affidavit(s)....................... Printed Name: Debra K Wallet
Bond..............................................
Supreme Court
Commission................................... ID Number: 23989
ther
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., Firm Name: Law Offices of Debra K.Wallet
Address: 24 North 32nd Street
Camp Hill,PA 17011
•�" Phone: 717/737-1300
Automation Fee............................. ' '
JCS Fee......................................... � .
� Fax: 717/761-5319
TOTAL........................................... $ •" E-mail: walletdeb�aol.com
DECREE OF THE REGISTER
Date of Death: 04/26/2015
Social Security No: 201-
Estate of Edna P Eshleman File No: 21 -15-'� (� (��7
a/k/a:
�
AND NOW, , in consideration of the foregoing Petition,
satisfactory proof ha ing be presented before me,IT IS DECREED that Letters estamentary
are hereby granted to Ida Mae Black
in the above estate and(if applicable)that the instrument(s)dated O6/18/2008
described in the Petition be admitted to probate and filed of recor a ast Will(a d icil(s))of e dent. �
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REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
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,� �� � No. 2015- 00507 PA No. 21- 15- 0507
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Es ta te Of: EDNA P ESHELMAN
O D �� lFirst,Middle,Lastl
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� La te Of: EAST PENNSBORO TOWNSHIP
CUMBERLAND COUNTY
N N
Deceased
Social Securi ty No:
1750
WHEREAS, on the 5th day of May 2015 an instrument dated
June 18th 2008 was admitted to probate as the last will of
EDNA P ESHELMAN
(First,Middle,Lasd
late of EAST PENNSBORO TOWNSH/P, CUMBERLAND County,
who died on the 26th day of April 2015 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, LISA M. GRAYSON, ESQ. _, Regi s ter of Wi 11 s in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARY to:
lDA MAE BLACK
who has duly qualified as EXECUTOR(R/X)
and has agreed to administer the estate accordin_q to law, all of which
fully appears of record in my office at CUMBERLA/VD COUNTY COURT HOUSE,
CARLISLE, PENNSYL VAN/A.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 5th day of May 2015.
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**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)
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I, EDNA P. ESHLEMAN, of Enola, Cumberland County, Pennsylvania, being of
sound and disposing mind, memory, and understanding, do nereby make, publish, and declare
this to be my Last Will and Testament and hereby revoke all other Wills that I have made,
including the Will dated June 2, 1997.
FIRST: It is my wish, and I direct, that after my death, my body be buried in my
lot at Rolling Green Cemetery.
� SECOND: I give and bequeath:
A. The sum of One Thousand ($1,000) Dollars to my daughter, ELEANOR
MAE BRICKER, of Enola, Pennsylvania, so long as she shall survive me by thirty (30) days;
� B. Any vehicle that I own at the time of my death to my husband, RUFUS
�..
G. ESHLEMAN, of Enola, Pennsylvania, so long as he shall survive me by thirty (30) days.
�`v THIRD: With res ect to the real ro ert which I ow�i at 309 Fifth Street Enola
� P P P Y , ,
Cumberland County, Pennsylvania, my husband, RUFUS G. ESHLFMAN, shall have the
right to live in this property until his death, or until he establishes a permanent residence at
some other location, or he leaves the property for a period of sixty (60) consecutive days,
whichever shall first occur. During the period of time that RUFUS G. ESHLEMAN exercises
his right to this life estate in the property, RUFUS G. ESHLEMAN shall pay all expenses of
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living in this property, including property taxes and maintenance, together with the costs of
any improvements to the property, whether necessary or cosmetic. He shall have the duty to
keep the property in good repair. Upon his death or the establishment of a permanent
residence at some other location, the property is to be sold and the proceeds divided in
accordance with Paragraph FOURTH below.
FOURTH: I give, devise, and bequeath all the rest, resiciue, and remainder of my
Estate, of whatever nature and wherever situate, in equal shares, to the following individuals
who shall survive me by thirty (30) days: my daughter, IDA �v1AE BLACK, of Enola,
Pennsylvania; and my son, EDWARD R. SCHLUSSER, of Salem, New Hampshire. It is my
wish to provide here for my children, not for my grandchildren. Shc:�uld either of my children
fail to survive me by thirty (30) days, then this child's share is to be given to my surviving
child.
FIFTH: All interests of any beneficiary in the income or principal of this Estate,
� while undistributed and in the possession of my Executrix, even though vested and
�-- distributable, shall not be subject to attachment, execution or sequestration for any debt,
� contract, obligation or liability of any beneficiary and, furthermore, shall not be subject to
� pledge, assignment, conveyance, or anticipation.
SIXTH: All inheritance, estate, and succession taxes (including interest and any
penalties thereon) payable by reason of my death shall be paid out of and be charged generally
against the principal of my residuary estate, without apportionment or right of reimbursement
from any person. In the event that a substantial portion, as determin�d in the sole and absolute
judgment and discretion of my Executrix, of the non-probate assets such as an annuity or
mutual funds are directed to be paid to a beneficiary or beneficiaries, so that the taxes referred
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deductions or inheritance or estate tax deductions, without regard to whether they were paid
from principal or income and without requiring adjustments between principal and income for
any resulting effect on income or estate taxes, and a deduction of such expenses for income tax
purposes shall be given effect in computing the respective shares of all persons interested in
my estate set forth herein, even though the effect is to increase the share of one beneficiary or
class of beneficiaries hereunder at the expense of another; and to make such adjustments, if
any, between beneficiaries with respect thereto as she shall deem appropriate in view of the
nature of the transaction and the amounts involved.
J. When permitted under the Internal Revenue laws of the United States, or
of any state, to join with my spouse in filing a joint income tax return without requiring my
� spouse to indemnify my estate against liability for the tax attributable to my spouse's income,
� and to consent to any gifts made by my spouse during my lifetime being treated as having been
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made one-half by me for the purpose of federal laws relating to gift tax.
`� K. To distribute in cash or in kind or partly in each.
�` L. To employ agents, legal counsel, brokers, and assistants, and to pay their
fees and expenses as she may deem necessary or advisable to carry out the provisions of this
� Will or any Trust.
The powers granted hereunder shall be exercisable with respect to all real and personal
property, including, but not limited to, income and principal held for minors or disabled
beneficiaries at any time, until the actual distribution of all property. All powers, authorities
and discretion granted here shall be in addition to those granted by law and shall be exercisable
without leave of court. However, nothing herein shall be interpreted or construed to
encourage, authorize, empower, or permit the Executrix to act or cause anyone to act in a
n�^murur���,�,�..,��nr^�•r� i
to herein would be paid out of the probate residue passing to the beneficiary or beneficiaries of
this will (whether or not the same as the beneficiary or beneficiaries under the non-probate
assets), my Executrix, in the Executrix's sole and absolute judgment and discretion, shall have
the right to allocate the full or partial payment of the taxes to the beneficiary or beneficiaries of
the non-probate assets.
SEVENTH: In addition to all rights and powers conferred by law, I authorize and
empower my Executrix and her successors, in her absolute discretion and without necessity of
obtaining court approval:
A. To buy investments at a premium or discount.
B. To hold property unregistered or in the name of a nominee.
C. To give proxies, both ministerial and discretionary.
D. To compromise claims.
E. To join any merger, consolidation, reorganization, voting trust
� plan, or any other concerted action of security holders and to delegate discretionary duties with
�
� respect thereto.
� F. To lend to, and buy from, my estate.
G. To borrow and to pledge real and personal property as security therefor.
H. To sell at public or private sale for cash or credit or partly for each, to
exchange, or to lease for any period of time, any real or personal property, and to give options
for sales, exchanges, or leases.
I. To exercise any option permitted by law which she believes to be
advantageous from the viewpoint of overall tax reductions, including, without limitation of the
foregoing, power and authority to claim administration or other expenses either as income tax
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manner contrary to or inconsistent with accepted standards of portfolio diversification and risk
management.
EIGHTH: I nominate, constitute, and appoint my daughter, IDA MAE �LACK, as
Executrix of this, my Last Will and Testament. In the event of the renunciation, death,
resignation, or inability of my daughter to act for whatever reason in this capacity, then I
nominate, constitute, and appoint my son, EDWARD R. SCHLUSSER, as Executor of this,
my Last Will and Testament.
I direct that no representative named above shall be required to post security for the
faithful performance of his/her duties in any jurisdiction insofar as I am able by law to relieve
him/her of such obligation. Any of my representatives shall be entitled to reasonable
compensation for the performance of the duties set forth here.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 1 Sr h day of
1��� , 2008, on this, the fifth of five typewritten pages. I have also signed the
left-hand margin of the first four of these pages for purposes of identification only.
�
t�r �_ .�.4d
EDNA P. �SHLEMAN '°'�'��-
,-•7i in-in.i.,.i.a...,i,.ni•,�,i„ ,
SIGNED, PUBLISHED, and DECLARED by the Testatrix, EDNA P. ESHLEMAN,
as her Last Will and Testament, 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.
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ACKNOWLEDGMEN 'T
Commonwealth of Pennsylvania
County of Cumberland
I, EDNA P. ESHLEMAN, Testatrix, whose name is signed to the attached instrument,
having been duly qualified according to law, do hereby acknowledge that I signed and executed
the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as
my free anci voluntary act for the purposes therein expressed.
�,� �i`�.�;,,�,.;y����,,,�,,,�,...,,�
EDNA P. ESHLF.,MAN
Sworn or affirmed to and subscribed before me by EDNA P. ESHLEMAN, the
Testatrix, this ��day of ��.� , 2008.
�.
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Notary Publi�
COMMONWEALTH OF!'�NNSYLVANIA
Nota�ial Seal
MarY M-LoPer•NofarY Pub�c
! Camp Fiill Boro.Ctmbe�iand CauraY
i My C.�ortxnission E�ites Od.27.2011
�Member,Pennsylvania Associatbn of Hotaries
..,�n urm u7�-v�m'nr' �
AFFIDAVIT
Commonwealth of Pennsylvania
County of Cumberland
We, Debra K. Wallet and �;i 1�D�.� j-. (�� I(1� 1' , the witnesses whose names
are signed to the attached instrument, being duly qualified according to law, depose and say
that we were present and saw the Testatrix, EDNA P. ESHLEMAN, sign and execute the
instrument as her Last Will and Testament; that she executed it as her free and voluntary act
for the purposes therein expressed; that each of us in the hearing anci sight of the Testatrix
signed the Will as witnesses; and that, to the best of our knowledge, the Testatrix was at that
time 18 years of age or older, of sound mind, and under no constraint or undue influence.
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Sworn or affirmed to and subscribed before me by Lr, '���f� �, }�: �,f��f(,�� and
O �- � � ��_ � i 8�`' day of _.,��.�rLA� , 2008.
witnesses, this �
, � '�'1
Notary Pub1i
COMMO ALTH OF PENNSYl.VANIA
No�al Seal
MarY M.Lnper,NotarY PubNc
���Cumbaland Caxi�
Member,Pennsylvanfa Association of Notaries