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HomeMy WebLinkAbout09-08-15 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: James M.Cavanagh Decedent's Information Name: Mary T.Cavanagh File No: 21-15 -955 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 07117/2015 Age at Death: 84 Decedent was domiciled at death in Cumberland County, PA (State)with his/her last principal residence at 1 Longsdorf Way,Carlisle 17015 South Middleton Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Carlisle Regional Medical Center Carlisle Cumberland PA 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 $ 800,000.00 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 $ 800,000.00 Real estate in Pennsylvania situated at (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 Testamentary Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated ,g4/17/2006enc odicil(s) thereto dated C © M C) Renunciation was sinned by Denise M Cavanagh " =� --1 C) State relevant circumstances(e.g.,renunciation,death of executor,etc.) •'' ;^;.. ' r"t ++ Except as follows:after the execution of the instrument(s)offered for probate, Decedent did not marry,was no div6rced was FWiot a pa tyFoo 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,b6n or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. e-.) c;: = ..1y NO EXCEPTIONS ❑ EXCEPTIONS D -T " ' CC) r rn ❑ B. Petition for Grant of Letters of Administration (If applicable) r* p c.t.a.,d.b.n.,d.b.n.c.t.a.,pedentelite,durante abse6.durante mrAoritate If Administration,c.t.a ord.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 topending divorce proceedingwherein 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 adudicated an incapacitated person. ❑NO EXCEPTIONS ❑ 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 Form RW-02 rev.10-11-2011 Copyright(c)2011 form software only The Lackner Group,Inc. _ Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address James M.Cavanagh 12 South Thrush Drive Carlisle,PA 17015 « A �arneS l� CA v (717)386-9595 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 cedent, Petitioner(s ill well and trul administer the estate accordin to I w. Sworn to or affirmed and subscribed before-fes Date J� me thisf"day of � w 2*15 Date By Date For the Register I I Date BOND Required? ❑ YES k NO To the Register of Wills: Please enter my appearance by my signature below: FEES: LAL Letters.......................................... $ Attor nature: )Short Certificate(s)......... ( )Renunciation(s).............. S- M ( )Codicil(s)........................ C7 ( )Affidavit(s)...................... 42 Name: Bradley L.Griffie C © �!) Bond............................................. ro (jj �V Supreme Court 34349 f C_> z c1 i r3 Commission.................................. ID Number: Other W l � � �S .f» t'. 03 Firm Name: Griff ie&Associates, P.-d.tin ' - ' �� Address: 396 Alexander Spring Road;SLd 1 C-) c z) Carlisle,PA 17015 _.t C-) Phone: 717-243-5551 Automation Fee............................ 15. Cat) Fax: JCS Fee....................................... 3'6.6c) TOTAL......................................... $ Fj-io.So E-mail: bgriffie@griffielaw.com DECREE OF THE REGISTER Date of Death: 07/17/2015 Social Security No: Estate of Mary T.Cavanagh File No: 21-15-0O3 alk/a: AND NOW, ber 1;3 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to James M.Cavanagh tL/(� �CYmes m, CQ�Q1r , Ar. in the above estate and(if applicable)that the instrument(s)dated 04/17/2006 described in the Petition be admitted to probate and filed of record as t last Will(an Co ici s))of Decedent. c gi ter of Wills Copyright(c)2011 form software only The Lackner roup, nc. Page 2 of 2 R1=OVRDFO OFFICE OF P,FGIS i .1; OF BILI S 7015 SPP 8 9 31 LAST WILL AND TESTAMENT OF MARY THERSE CAVANAGH Dated: April 17, 2 006 Prepared by: Office of the Staff Judge Advocate, United States Military Academy Dorion S. Germany, Esq. 606 Thayer Road West Point,New York 10996 (845) 938-4541 LAST WILL AND TESTAMENT OF MARY THERSE CAVANAGH I, MARY THERSE CAVANAGH, a resident of the State of New York, make, publish and declare this to be my Last Will and Testament, revoking all wills and codicils at any time heretofore made by me. I am a dependent of a person who is retired from the military service of the United States. FIRST: I direct that the expenses of my last illness and funeral, the expenses of the administration of my estate, and all estate, inheritance and similar taxes payable with respect to property included in my estate, whether or not passing under this will, and any interest or penalties thereon, shall be paid out of my residuary estate, without apportionment and with no right of reimbursement from any recipient of any such property. SECOND: I give all the rest, residue and remainder of my property and estate, both real and personal, of whatever kind and wherever located, that I own or to which I shall be in any manner entitled at the time of my death (collectively referred to as my "residuary estate"), as follows: (a) To those of my children DENISE MARIE CAVANAGH and JAMES MATTHEW CAVANAGH who survive me, in substantially equal shares. If either DENISE MARIE CAVANAGH or JAMES MATTHEW CAVANAGH predeceases the other,the remaining party shall receive both shares. (b) If no issue of mine survives me, my residuary estate shall be paid and distributed to those of SPENCER P. CAVANAGH and JARRETT M. CAVANAGH who survive me; in equal shares. (c) If none of the beneficiaries described in clauses (a) and (b) above shall survive me, then I give my residuary estate to those who would take from me as if I were then to die without a will, unmarried and the absolute owner of my residuary estate, and a resident of the State of New York. THIRD: If any property of my estate vests in absolute ownership in a minor or incompetent, my Executors, at any time and without court authorization, may: distribute the whole or any part of such property to the beneficiary; or use the whole or any part for the health, education, maintenance and support of the beneficiary; or distribute the whole or any part to a guardian, committee or other legal representative of the beneficiary, or to a custodian for the beneficiary under any gifts to minors or transfers to minors act, or to the person or persons with whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed by the person to whom the distribution is made shall be a full discharge of my Executors from any liability with respect thereto, even though my Executors may be such person. If such beneficiary is a minor, my Executors may defer the distribution of the whole or any part of such property until the beneficiary attains the age of eighteen (18) years, and may hold the same as a separate fund for the beneficiary with all of the powers described in Article FIFTH hereof. If the beneficiary dies before attaining said age, any balance shall be paid and distributed to the estate of the beneficiary. FOURTH: I appoint DENISE MARIE CAVANAGH and JAMES MATTHEW CAVANAGH as co-Executors of this will. If either of my Executors shall fail to qualify for any` reason as Executor or, having qualified shall die, resign or cease to act for any reason as Executor, the other Executor may act alone as my Executor. I direct that no Executor shall be required to file or furnish any bond, surety or other security in any jurisdiction. FIFTH: I grant to my Executors all powers conferred on executors under the New York Estates, Powers and Trusts Law, as amended, or any successor thereto, and all powers conferred upon executors wherever my Executors may act. I also grant to my Executors power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and otherwise deal with any kind of property, real or personal, for cash or on credit; to borrow money and encumber or pledge any property to secure loans; to exercise all powers of an absolute owner of property; to compromise and release claims with or without consideration; and to employ attorneys, accountants and other persons for services or advice. The term "Executors" wherever used herein shall mean the executors, executor, executrix or administrator in office from time to time. SIXTH: I direct that for purposes of this will a beneficiary shall be deemed to predecease me unless such beneficiary survives me by more than thirty days. 2 IN WITNESS WHEREOF, I, MARY THERSE CAVANAGH, sign my name and publish and declare this instrument as my last will and testament this 17th day of April, 2006. THERSE CAV NAGH The foregoing instrument was signed, published and declared by MARY THERSE CAVANAGH, the above-named Testatrix, to be her last will and testament in our presence, all being present at the same time, and we, at her request and in her presence and in the presence of each other, have subscribed our names as witnesses on the date above written. DORION GERMANY having an address at: NEW YORK,NY PATRICK LEWIS having an address at: HIGHLAND FALLS,NY 3 AFFIDAVIT OF WITNESSES STATE OF NEW YORK, COUNTY OF ORANGE: Each of the undersigned, DORION GERMANY having an address at , NEW YORK, NY, and PATRICK LEWIS having an address at HIGHLAND FALLS, NY, respectively, being individually and severally duly sworn, did depose and say that: The foregoing last will and testament was subscribed in our presence and sight by MARY THERSE CAVANAGH, the Testatrix named therein. The undersigned witnessed the execution of said will of MARY THERSE CAVANAGH on the 17th day of April, 2006, at WEST POINT,NY. At the time the instrument was so subscribed, the Testatrix declared said instrument to be her last will and testament. The undersigned thereupon signed their names as witnesses at the end of said will at the request of the Testatrix, in the presence of the Testatrix and each other. At the time of so executing said will, in our respective opinions, the Testatrix was at least eighteen years of age or emancipated, and was of sound mind, memory and understanding, under no constraint, duress, fraud or undue influence, and in no respect incompetent to make a valid will. In our respective opinions, the Testatrix was able to read, write and converse in the English language, and was not suffering from any defect of sight, hearing or speech, or from any other physical or mental impairment which would affect her capacity to make a valid will. Each of us was acquainted with the Testatrix, and.we make this affidavit at her request. Said will was shown to us at the time this affidavit was made, and we examined it as to the signature of the Testatrix and our signatures. Said will was executed as a single, original instrument, and not in counterparts. C5 DORION GERMANY c Witness PA RICK LEW S Witness verally subscribe sworn before me this 17th day of April, 2006. Notary Public Q My coiunission expires ons ©d / MARY C.McOORMP=1 Qualified In Stateof CNow ouurrri�yy Registration No.01MC61918110 9 Y Ommlealon Expires August 1.200FAW W RENUNCIATION REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Mary T. Cavanagh Deceased t, Denise Marie Cavanagh in m capacity/ratatio c, t _ g Y r n,.h'p as (Print Name) daughter of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that tetters be issued to James M. Cavanagh (Date) lc-alt l �.;a ''`._; •_-;>':,l (Sign'fur Denise Marie Cavanagh PO Box 154 (Street Address) co Highland Mitts NY 10930 ��rt yy (City,State,Zip) ttd C) cam,. 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 that he or she executed the renun i ion for the Of purposes stated within on this day of Att Deputy for Register of Wills Notar Pu tic �� C mmission Expires: (Signature and seal of Notary or other official qualified o administer oaths. Show date of expiration of Notat y cmmtnissiorl.') v 6 {{ "t E'f�E�ArEA�E.f4tf P `,�C*{lb CSCfi8C80089. 3�w Fotary F'ub r6 �tatc�of(Jew York �ualkf3�d-gin Z7(taegeaCaur3ty rr?i;: ,y Carr�lttnks�ior5 Ex(iy©s 09J09I �� Form RW-06 Rev.10-13-2006 Copyright(c)2006 form software only The Lackner Group,Inc.