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Home My WebLink About06-03-15 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: Phyllis H. Dunton File No: �� "U 1-7 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 5/29/2015 Age at death: 86 Decedent was domiciled at death in Cumberland County, Pennsylvania (State) with his/her last principal residence at 76 West King Street 17257 Borough Shippensburg Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Chambersburg Hospital 17201 Borough Chambersburg Franklin PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: Ifdomiciled in Pennsylvania................................All personal property $ 500.000.00 Ifnot 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.... $ 500.000.00 Real estate in Pennsylvania situated at: none (Attach additional sheets,ifnecessary.) 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 2/17/2012 and Codicil(s) thereto dated none none State relevant circumstances(eg.renunciation,death ofexecutor,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. M NO EXCEPTIONS ❑EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration(Ifapplicable) c.l.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minorilate If Administration,ca.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 parry 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 0 Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the followingq)ouse(if any)W heirs;(quR additional sheets,if necessary): r p C_ Mn C> r _n C?, Name Relationship Address CDO ---T rl -T1 4C 1 J CO EW M •-1 r— p C7 Form RW-02 rev.10/11/2011 Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } ) SS: At CORCFG CF-FI .,E OF COUNTY OF CUMBERLAND } R E G I S T C F V ;L.LS' Petitioner(s)Printed Name ilio )Pte ddress 76 West King Street Ann L. Fa ue Shippensburg F-7 OF PA 17257 ORPHAI'.C' C` r,q. r,bEt,_ r+ 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,the Petitioner(s)will well and truly administer the estate according to law. �+ Sworn t�Oafrmed;agnsubscribed bef�oyr�e�� Datemed l Date By- Date For the Register Date BOND Required: ❑ YES M NO To lite Register of Wills. FEES: Please enter my appearance by my signature below: Lett rs.... ..... . . ....... . .... $ 410.00 Attorney Signature: ( )Short Certificates(s) ...... 25 4A9 ( )Renunciation(s).......... ( } Codicil(s) .............. ( )Affidavit(s)... ..... .. ... Bond ......................... rioted Name: Joel R. Iinger Commission .................... Supreme Court Other Will .....•.., 15.00 ID Number: 17516 Inheritance Return 15.00 Inventory ......... 15.00 Firm Name: Zullinger Davis. P.C. Address: 14 North Main Street Suite 200 Chambersburg PA 17201 ••••••••• Phone: (717)264-6029 ••••••• Fax: (717)264-1884 Automation Fee ................. 5.00 Email: jzullinger agzullinger-davis.com JCS Fee ....................... 35.50 TOTAL......................$ •-5$5'50 DECREE OF THE REGISTER t� Estate of Phyllis H. Dunton File No: a/k/a: AND NOW, ,in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Ann L. Fague in the above estate and(if applicable)that the instrument(s)dated February 17. 2012 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. —c&u W Avvw Register of Wills Form RW-02 rev.10/11/1011 Page 2 of 2 JRZ - 5 . 1 dunton.2 February 13,, 2012 LAST WILL AND TESTAMENT I, Phyllis H. Dunton, of 825 Crescent Drive, Shippensburg, Franklin County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby declare this to be my will, hereby revoking any and all former wills and codicils thereto by me heretofore made. I. I direct that all my just debts and funeral expenses, including all expenses of my last illness, shall be paid from my estate as soon as practicable after my decease as a part of the expense of the administration of my estate. II. I give and bequeath those items listed on a separate unsigned memorandum which refers to this my will by date to the individuals named therein. In the event that no such memorandum is found ,v within thirty days following my death, this beque. shal1'EE2Dec,9 C- Q i c� null and void. ' •j„ CO ! r9 III. I give the sum of $5, 0000 . 00 cash to the Middle Spring Presbyterian Church, 135 Middle Spring Road, Shippensburg, Pennsylvania. IV. I give, devise and bequeath the residue of my estate of every nature and wherever situate to my children, namely Judith E. Lewis, Jane S. DeBaun, and Ann L. Fague, in equal shares, provided that the share of any child who predeceases me or dies on or before the thirtieth day following my death shall be distributed to said beneficiary' s issue, per stirpes, living on the thirty-first day following my death, and in default of any such then-living issue, such share shall be added to the share or shares of my other children. V. In the event that anyone entitled to a share of my estate shall be under the age of twenty-two years at the time for distribution to such beneficiary, I constitute and appoint the Orrstown Bank, Shippensburg, Pennsylvania, as trustee of any property which passes either under this will or otherwise to said beneficiary. Said trustee shall in the trustee' s sole discretion Page 2 and without order of court, use principal as well as income from time to time as may appear to be necessary for the beneficiary' s welfare, comfort, medical care, recreation, support and education, without responsibility to the beneficiary or to any person taking care of the beneficiary; and the remaining balance in the hands of said trustee shall be distributed to said beneficiary when the beneficiary attains the age of twenty-two years . If such beneficiary dies prior to attaining the age of twenty-two years, said trustee is authorized in the trustee' s discretion to pay part or all of the beneficiary' s funeral expenses and the remaining balance in the hands of said trustee shall be distributed to the beneficiary' s personal representative. In the event the funds held by the trustee for any beneficiary become in the opinion of the trustee too small for proper and efficient administration, the trustee, in the trustee' s sole discretion, may deposit such funds in a savings account in the name of the beneficiary. VI. Any fiduciary under this will shall have the following powers in addition to those vested in them by law and by other provisions of my will applicable to all property whether principal or income, including property held for minors, exercisable without Court approval, and effective until actual distribution of all property: A. To retain any and all of the assets of my estate, real or personal, without regard to any principle of Page 3 diversification of risk. B. To invest in all forms of property including stock, common trust funds and mortgage investment funds without restriction to investments authorized for Pennsylvania fiduciaries as they deem proper, without regard to any principle of diversification of risk. C. To sell at public or private sale, to exchange or to lease for any period of time any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms or conditions as they deem proper. D. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper. E. To compromise any claim or controversy. F. To distribute in cash or in kind or partly in each. G. To hold property in their names without designation of any fiduciary capacity or in the name of a nominee or unregistered. VII. The interest of the beneficiaries hereunder shall not be subject to anticipation or to voluntary or involuntary alienation; and the principal and income shall be paid by the trustee or guardian directly to or for the use of the beneficiary entitled thereto, without regard to any assignment, order, attachment or Page 4 claim whatever. VIII. I direct that all taxes that may be assessed in consequence of my death of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of the expense of the administration of my estate. IX. I appoint my daughter, Ann L. Fague, as executrix of this my will . Should my daughter predecease me, fail to qualify or cease to act as executor, I appoint my son-in-law, Philip E. Fague, as executor of this my will . X. No bond shall be required of any fiduciary hereunder in any jurisdiction. IN WITNESS WHEREOF, I hereunto set my hand and seal to this my last will and testament, consisting of seven typewritten pages, the first five of which bear my signature in the margin for the purpose Page 5 4. of identification this day of khru&ro 26�- d— L�f' (SEAL) Signed, sealed, published and declared by the above-named testatrix as and for her last will and testament in our presence, who in her presence, at her request and in the presence of each other have hereunto set our hands as attesting witnesses. 4` �l U fir A(Sh a,d We, Phyllis H. Dunton, LIQ and / 'Lrnthe testatrix 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 testatrix signed and executed the instrument as her last will and testament and that she executed it as her free and voluntary act for the purposes therein expressed and that each of the witnesses, in the presence and hearing of the said testatrix, signed the will as witnesses and to the best of their knowledge, said signer was at that time eighteen years of age Page 6 or older, of sound mind and under no constraint or undue influence. ' � ..�- T tat i W' tness Witness Subscribed, sworn to and acknowledged before me by the above-named signer and subscribed and sworn to before me by the above=named witnesses this day of hin Lan► 2 v U v COMMONWEALTH OF PENNSYLVANIA Notarial Seal Angela M.Schaeffer,Notary Public ShiPPensburg Boro,Cumberland County COMMON LTH F PENNSYLVANIA MY Commission 6cplres Ma 15 2015 to dal Seal i MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES L�ngela M. Teffer,Notary Public ^�nsburg ,Cumbedanj County mmisSlon Tre May 1?aF,2015 MEMBER o +� V NIA OCIATION OF NO fARY Page 7