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HomeMy WebLinkAbout09-10-15 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 'L, C � /� (� Name• {�[ccr 4, � l ��y-'TTti-,,,r File No• ,��- /� �' Q l(o`� ti a/k/a: (Assigned by Register) a/k/a: Date of Death: � � 1 ; �� 1�j Age at death: � ( Decedent was domiciled at death in [���uv�lr��r�c�.v. County, � v�S � L ` � (Srare) with his/her last principal residence at OC� � . ���e.,r� c�J Ll e,�r � t L�be � Street address,Post Oftice and Zip Code City,T wnship or Boroug6 County Decedent died at 1�� �� '��`�-�r�v e U P P�,-'�\`�- �����1 A�DC � � Street address,Post Office aod Zip Code City,Towns ip or Boroug6 County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania...... .. ............... ... .. All personal property $ �� . d� � If not domici[ed in Pennsylvania. .... ..... . ....... . .... . Personal property in Pennsylvania $ � If not domiciled in Pennsylvania. . . .... ........ ... .. .. .. Personal property in County $ Value af real estate in Pennsylvania............. ... ............ ... ... .... ... .. ...... ........ $ TOTAL ESTIMATED VALUE. ... $ � � Real estate in Pennsylvania situated at: `— (Attach additional sheets,if necessary.) Street address,Post Office aod Zip Code City,Township or Borough County �. Petition for Probate and Grant of Letters Testamentary i Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated ug � 1 Z� and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,death of executor,eta) 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 bom or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. [�10 EXCEPTIONS ❑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 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 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 Petitioner(s),aRer 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 Relationshi Addree�3 `r' '-"� �T'1 -�,» y� J� r� � ;:'7 � __ � '-7 ;7 ;:7 �,�.. �� ..{ r� � :J . ,..: _, �� :I _... . _.._ .:.:: C.> CL� -- C..� �� � N FormRW-01 rev. !0/l!/2011 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 1���� � . ��-��- ��� � � �.; ��. i�, 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 Deca�nt,the etitioner(s)will we I and truly administer the estate accor ing to law. Swom to or affirmed a subscribed before ~ Date �d /� me th's thdayy�of �i- , o�D/,� Date By: � /�L• Date the egister Date BOND Required:Q YES �NO To the Register of R'ills: c===y � �--+ FEES: Please enter my appearance by m�-�signature bNb'iw: ��''-� « • �-:7 �a��� :�., _ � -7 Letters . . . . . . . . . . . . . . . . . . . . . . $ Attorney Signature: =v � �, �1 ( � ) Short Certificate(s). . . . . . •G b �= `': � ;:� ( ) Renunciation(s).. . . . . . . . ,. _' O �;_� ( )Codici](s). . . . . . . . . . . . . _, . ,..,.. � )Affidavit(s).. . . . . . . . . . . . . �3 ._` -•'� -- _..._ Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: ,--, Commission. . . . . . . . . . . . . . . . . . Supreme Court � ?,,� +`+7 Other . . . . . . . . ID Number: _ r.� �'� a (V � ��� , , . . . . , /�•ob Firm Name: T . . . . . . . . Address: ���� n� �00 . . . . . . . . Phone: Automation Fee. . . . . . . . . . . . . . . �U6 Fax: JCS Fee. . . . . . . . . . . . . . . . . . . . . �.`� Email: TOTAL. . . . . . . . . . . . . . . . . . . . . $ . D DECREE OF THE REGISTER Estate of � t File No: �l'��' v �G T a/k/a: AND NOW, �0 , o�D/� , in consideration of the foregoing Petition, satisfactory proof having een presented before me, IT IS DECREED that Letters L' �� c'/�t C/i- are hereby granted to �' qe T � in the above e tate and(if applicable)that the instrument(s)dated /�--[,/G�l/5!' 3J� �D46 described in the Petition be admitted to probate and filed of record as the last Will(an odicil(s)) of Decedent. � � egister of Wills c��� i Form RW-02 rev. 10/!l/?01/ " P1g0 2 Of 2 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA ; i'� oF cu�y �,�`� r�� e�`�` No. 2015- 00964 PA No. 21- 15- 0964 Es ta te Of: MARY M MCCARTHY O � (Fiist,Middle,Lasl1 � � v � La te Of: UPPER ALLEN TOWNSHIP CUMBERLAND COUNTY N Deceased Soci al Securi ty No: 1750 WHEREAS, on the lOth day of September 2015 an instrument dated August 31st 2006 was admitted to probate as the Iast will of MARY M MCCARTHY /First,Middle,Lastl late of UPPERALLEN TOWNSH/P, CUMBERLAND County, who died on the lst day of August 2015 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, L/SA 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: M/CHAEL T MCCARTHY who has duly qualified as EXECUTOR(R/X) and has agreed to administer the estate according to law, all of which fully appears of record in my offi ce a t CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 10th day of September 2015. � ' i �T ��;v L� C� �.-' Regisier of Wil � �,., �_ l.�_! _._ CJ7 ��• C.i ;:' t__ : EJ Deputy , �_ . c_. + L,�% . � ; ; 0 . _ . .�, . - r—i . t.:: C..�S ` C, L:.J C.�:_ r_�..:_ �l t"` C:'? � C:' CJ' � �;•_ i � � � �� � �.`, �, **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) ,� ; �� � � ' � � � _ O ��'�Z �"j -"� ;_l f� C.'? C•� r',� t-r� _..,_ ��., _" .,-, —p � -'IJ - - ' ; 1::7 `� � ^--- �,_„a .,.. ., i �._, --' . . .. C..7 �':J :� .; .... .. c:� =IJ ,-� ;! -- _.�� �3 Will : � �-:; c,.a C�7 � C,J _.r.� I, MARY M. McCARTHY, of 139 W. Pomfret Street, Carlisle, Cumberland County, Pennsylvania, declare this to be my last will and revoke any will previously made by me. Item One: I direct that all my debts and funeral expenses including services at Arlington National Cemetery shall be paid from my residuary estate as soon as practicable after my decease as a part of the expense of the administration of my estate. Item Two: I give. devise, and bequeath my entire estate to be divided equally among my three sons, MIC�AEL T. McCARTHY, SEAN R McCARTHY, and KEVIN J. McCARTHY per St1P}�e�. Item Three: I appoint my son MICHAEL T. McCARTHY, Executor of this my last will. � Should he fail to qualify or cease to act as Executor, I appoint my son KEVIN J. McCARTHY � of Hanover, New Hampshire, to act as Executor with the same rights, powers, and duties. Item Four: I appoint my son MICHAEL T. McCARTHY Guardian/Trustee of any property �� which passes to any person under the age of 22 years and with respect to which I am authorized to appoint a Guardian/Trustee and have not otherwise specifically done so. Should he fail or cease to act as Guardian/Trustee, I appoint my son, KEVIN J. McCARTHY to act with the same rights, powers, and duties. Guardian shall establish separate guardianship accounts and shall have the power to use income from time to time for the beneficiary's education, including technical and vocational training and graduate school, travel, support, and welfare without regard to his or her parents' ability to provide for such education, travel, support, and welfare, or to make payment for these purposes, without further responsibility, to the beneficiary or to the beneficiary's parents or to any person taking care of the beneficiary. Guardian shall administer the account until the beneficiary becomes 18 years of age, at which time the Guardian shall transfer the principal and incoine remaining in the separate guardianship account to my Trustee, being the same person as my designated Guardian, who shall then administer a trust account, of both principal and income and anv ��ther funds transferred to the accounts designated, for the benefici��ry's education, including technical and vocational training and graduate school, travel, sup�oi�t, IlealTh, and wel��are. V�'hen tlie gua.rciianship or trust account is or becomes less than $1,000.00 or the beneficiary of the separate trust becomes 22 years of age,the share of the bei;eficiary remaining in the account shall be paid to the beneficiary in full and the guardianship or trust terminated. In the event of the death of any beneficiary after my decease and prior to reaching the age of 22 years, his or her share shall be distributed equally, share and share alike, among his or her children; otherwise to my surviving children or child, per stirpes, equally, share and share alike, to be admir;istered in accordance with the guardianship and/or trust provisions. Guat•dian and Trustee shall not be required to file accountings with any court. In the event that any provision of this will shall be interpreted to violate the Rule Against Perpetuities, then the remaining provisions of this will shall not be invalid. Trustee shall administer the trust and dispose of assets so as not to violate the rule, making distribution as required to a life or lives in being plus 21 years. , � ' Item Five: All estate, inheritance, succession, and other taxes, imposed or payable by reason of my death, and interest and penalties thereon, with respect to all property comprising my gross estate for tax purposes, whether or not such property passes under this will, shall be paid out of the principal of my residuary estate, without apportionment or right of reimbursement. (tem Six: I direct that my personal representative or guardian shall not be required to give bond for the faithful performance of their duties in any jurisdiction. Item Seven: In addition to the rights and powers given to the fiduciaries by law or elsewhere in this will, I give to my Executor during the full time necessary for the administration of my estate the following rights and powers to be exercised in his or her sole discretion. A. To retain any real or personal �roperty which may at any time form a part of my estate so l�n�=. �.� he or s],e deen�� it ��d��i�a�,l�, B. To invest in any real or personal property without restr�ictions as to legal investments. C. To repair, alter, improve or lease for any period of time any real or personal property and to give options for leases. D. To sell at public or private sale, for cash or credit, witl� or without security, to exchange or to partition, to mortgage or pledge real or personal property, and to give options for leases. E. To make distribution in kind. F. `To compromise claims. IN WITNESS WHEREOF, I have hereunto set my hand this 31 st day of August, 2006. � '�� "'.� _ �� Signed �i - ^ � . �' MARY�McCARTHY '"� Tbe precedinr in�r.nament, consistin�of this an�i riv� otbe;•r��ne��ritten pa�.es eacl-a icler�tifiP�1 rv rt,e signature of the Testatrix was on the day and date thereof signed,published and declared by the Testatrix therein named as and for her last will, in the presence of us, who at her request, in her presence and in the presence of each other have subscrib� ou n�n�e�-� �� � ,Y ` '�c'�� `�-c-�,� .-�-�� � �_�-i�l� COMMONWEALTH OF PENNSYLVANIA . : ss COUNTY OF CUMBERLAND . �� ' � We, John H. Broujos and Faye Brown, witnesses whose names are signed to the attached or foregoing instrument being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her last will; that she signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the will as witnesse,; and that to the best of our knowledge,the Testatrix was at the time 18 or more years o ge, of sound mind and under no constraint or undue influence. \ � % ��c� �-z� Sworn and subscribed to before . _ me this 31 st day of August, 2006. ,^,i;P��6'�I�1iVS�Y�VH�VIA Z�'���� r� �v�i�^al Seal �E' � � , � � ��e- Srrn�,�latary Public TARY PUBLIC � ��� ��-��=�� �.��3�ber�and County , ,�: L ,-,r :x4,�:�c�Aug.5,2009 _. _.�_ _ .._. . . . . . . , . . .,�,�:,rr,�,f N4C^uClBS COMMONWEALTH OF PENNSYLVANIA . : ss COUNTY OF CUMBERLAND . I, MARY M. MeCARTHY, whose name is signed to the attached document,having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my last will; that I signed it as my free and voluntary act for the purposes therein expressed. � MAR . McCARTHY, Tes� rix Sworn and affirmed to and acknowledged before me this 31 st day of August, 2006. 7 �� � � � . ,,�t,,�;��}��F'EPdNSYLVANI ",�� Notarial Sea� Publ'�c TARY PUBLIC ' ,;t;e;sy BrooVcs,Notary +;I�EkrTa,�umberland�2009 ,�,� :r�a�s�an�pires Aug. . .. .,. ;-;^`.ocin4ior 43�lotarfes