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HomeMy WebLinkAbout05-10-05 PETITION FOR PROBATE and GRANT OF !--ETTo/lS Estate of Charles D. Gordon No. ri /-/)';- ()'I!) also known as To: Register of Wills for the , Deceased. County of Cumberland in the Social Security No. 169-05-1453 Conunonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older and the execut rix named in the last will of the above decedent, dated October 15. 1996 and codicil(s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc,) Decedent was domiciled at death in Cumberland County, Pennsylvania, with h is last family or principal residence at 1260 Hillside Drive Mechanicsbura PA (list street, number and municipality) Decedent, then 89 years of age, died 4/14/2005 at Holv Soirit Hosoital. Cumberland County PA Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property $ 145000.00 (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: NONE WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant ofletters T estamentarv thereon. (testamentary; administration c.I.a.; administration d.b.n.c.l.a.) ~,~-:.~-cvL Paula G. Smith 1260 Hillside Drive Mechanicsbura P A 17055 ~ " " c " "" "Vi -. " ~ ~l:;' " "" c [;j .S: ~ ~.- ~& ~.... a 0 .. C ." <Ii I' \ C) ',f"'_ .......... OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYL VANIA} ss COUNTY OF Cumberland The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best ofthe knowledge and beliefofpetitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. Sworn "'" 'ffi~'I'J~ ""',ribol { ---Ib ~ d ..J(j!/j/}u~~ . ~s day of , ~~ J;tH f<- cJ!!jf- '" 0'0' '" !a " ~ ~ No. J / -oS -()l.(d'l Estate of Charles D. Gordon , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW fV) , in consideration ofthe petition on the reverse side hereof, sa sfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated 10/15/1996 described therein be admitted to probate and filed of record as the last will of Charles D. Gordon and Letters Testamentarv are hereby granted to Paula G. Smith FEES Probate, Letters, Etc.. . . . . . . . $ 260.00 Short Certificates (5 }...... $ 20.00 wi \I ' . . . . . . . . . . $ 15.00 JCP/Auto $ 15.00 TOTAL _ $ 310.00 Filed. . . . . . . . . . . . . . . . . . . . . . . . Register of WillA Marielle F. Hazen 68003 AITORNEY (Sup. Ct. !.D. No.) 2000 Linglestown Road, Suite 202 Harrisbura PA 17110 ADDRESS 717-540-4332 PHONE I 1 'J '1\<;,<';1\<; !~T~V ',11\<; This i;; to ~ertify that the information. here given is correctly copied from an original certificate of death duly filed with me as Local RegIstrar. The ongInal certIficate WIll be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. r- r! ':) lj C~ o..d~ Local Registrar Fee for this certificate, $6.00 D I 115007 No. APR 1 5 2005 Date ,......,:' \..;,-; H10!,.143~.'2I81 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS TYPEIPRlNT 'N PERMANENT 8L.ACKINK CERTIFICATE OF DEATH STATE FtLU.I"R SOCIAL SECURITY NUMBER .. 169 - 05 !;; i!l w o w o :s ~ .. AGE (LuIBlrUUy) 1.89 Yr.. COUNTY OF DEI. TH BIRTHPLACE (~and SIn or Forefan COunIry) ,Pittsburgh, PA ... FACILITY NAME (If not IMtItuIlon.lIlQ strwt and nl.ftlbelo) Jlns I .}.\ WoRITALBTATUS-Marrled, -~. ,.. Widowed SURVIVING SPOUSE (I'''',p..mus.n_l o w ~~ Old -.. 17b.countvCm1berland =1 1740 ~-==-=oI MOTHER'S NAME tFbt. MIddII, MaIlSen &<<MIme) .~ Clara Schive1y INFORMANTS MAILING ADDRESS (StnIet, CAyfTD'Mt, StIlt., ZIp COde) .... 1260 Hillside Dr Mechanic ,PA 17055 PLACE OF DlSPOSlTlON- NerM or c.me'-Y, CrwnIlory LOCATION. CltyITown, s..., ZIp Code ~"""'- ,,~Altoona Area er""",to "d. Altoona, PA ~ "'!l""DRES~OF fA\>1JIY ,.pmxny A. BeI:l<El:>1J.e F.II., LICENSE NUMBER 17c. fiI: y.., cIHedMIlVIId In Monroe .... .."..... (Month,~, Y.-) .J-OQ& ".. WAS _.....,..-ry.............erlMelt~ ... :- .- : onHC and dulh 23~ E REFERRED TO A MEDICAL EXAMINER /CORONER? V" [) 1J\B No 0 PART I: Othw tignIftcanI condllIans contrlluling 10 dutil, bul nottHUltlng In.... underlying CIIUMgIven In PART I. .. IoWfNER OF DEATH TIME. OF INJURY INJURY AT WORK1 DESCRIBE HOW INJURY OCCURRED. _........... {b' lfany,1eedlng101nmecllM8 ~. Entw UNDERLY1NO CAUSE(DIMaM or ~ e. ................. ~lIIngondeelhlL.AIT d. WAS AN AUTOPSY WERE AUTOPSY RNDINGS PERFORMED? AVAILABLE PRIOR TO COMPLETION OF CAUSE OF DEA"" DATE OF INJURY jUon...Day.Yur) o o fuONoO Couldnotblldetennlned 0 3Oa. 3Ob. M. SOc. PLACE OF INJURY - At horne, firm. strMt. t.c:tory. offici buIdlft8,-($lleaIri 2Ia. 2Ib. 21. 3Oe. ceRTIFIER (CMc:k onty one) SIGNATURE AND TmE l~.J"my~~t:il:':'==m~~.d~~.~.~.~.~)..................O ".. UCEIlS. N'l.MBJl1l ~~':,G':~~=~~~=:.=:=t:~Ih=:'=:u~~an~=~".lmd,.....................D 31c. MO\.tL~l.\L 31d. I 0)-- NAME AND AOORESS OF PERSON WHO COMPlETEO CAUS OF 0 TH ~th~""~:::C":~~ln.,..IlptIan,lnmy opinion, d.... oc:clIt'Nd "lhetlm.. du.,.nc1 plalA,IInden. tou..c...._C.11IncI (lI1Im27) Type or Pml tr. Alan SWeEney '1..-".~d.........................".........."........... ...............................................032. 1.C8 Iavt::l'ler:' st., ~, fJ\ lit>43 RlGlSTRAR"S SIGNATURE AND NUMBER DATE FILED (Monlh. Oay. V....) IOlSIW71/1 ...... """""', Il5l o o ......... Pendlnglnvestlgallon v"O NoD ....... ... 4 -15-{J -'- ~ -:;i '..J i~~ .,\ b'----, , '" "'" "'-..., "J " '~ I\}~~ J LAST WILL AND TESTAMENT of CHARLES D. GORDON I, CHARLES D. GORDON, of Camp Hill, Cumberland County, Pennsylvania, being of sound mind and memory, and not acting under duress or undue influence of any person or persons whatever, do make, publish and declare this to be my Last Will and Testament hereby revoking all prior wills and codicils heretofore made by me. FffiST I direct that my funeral be conducted in accordance with the wishes I have made known to my Executrix, hereinafter named. I direct that my body be cremated as soon as practicable after my death, and that said cremation should be conducted as inexpensively as possible. I further direct that my Executrix shall dispose of the remains of my cremation by distributing them as I have made known to her. \.L) 1 ) ~ ~~ ,::, \~ ~~ ) (3. C', ~) ,,~ ,s ~~j ~; SECOND I direct the payment of my debts and funeral expenses from my estate as soon after my death as conveniently may be done. I direct that my Executrix shall pay all inheritance, estate, succession and legacy taxes to which my estate or the transfer of any property hereunder may be subject, and to charge such taxes as part of the expenses of administration, payable out of my estate. THIRD I give, and bequeath, to my Executrix, those certain items of treasured personal property owned by me at the time of my death and listed on an Addendum to be attached to this, my Last Will and Testament, or otherwise identified to my Executrix. I request that she distribute those items in accordance with the wishes I have made known to her. FOURTH I give, devise and bequeath the entire rest, residue and remainder of my estate, whether real, personal or otherwise, and wherever situated, which I may own or be entitled to at the time of my death, or in which I may have any interest whatsoever, vested or unvested, matured or not matured, including any property over which I may have a power of appointment, to my wife, PHILOMENA K. GORDON. 2 ( ~I ,~ '. ~' ~~ / "- u~~ " '~I <'^" ~' ~ ",-, \~) In the event that PHILOMENA K. GORDON and I die as the result of the same accident or cause, and within thirty (30) days of one another, then PHILOMENA K. GORDON is to be presumed to have predeceased me. In the event that PHILOMENA K. GORDON fails to survive me by thirty (30) days, then I give, devise and bequeath all of my property, as aforesaid, to my three daughters, PAULA G. SMITH, of Mechanicsburg, Pennsylvania, MARY G. SOSTER, of Fair Oaks, Pennsylvania, and BARBARA G. SHADLER, of Waynesboro, Pennsylvania, to be divided between them equally, share and share alike. In the event that any of my daughters shall have predeceased me, or the distribution to her of any share of my estate due to her, then such distribution shall be paid to her child, or children, if any, per stirpes. In the event that my deceased child shall have no surviving child or children, then, in such case, her share shall be distributed to my remaining surviving children as part of the residual estate. In the event that any share hereunder is payable to a beneficiary under age 22, then such distribution shall be made to the guardian or guardians of such child, to be held in trust and paid to the beneficiary when he or she reaches 22 years of age. 3 ~ '-I ~: G~! ~ '~, , '\ ~( ~~. \ ~\ " \ ) FIFTH I hereby nominate, constitute and appoint my daughter, PAULA G. SMITH, Executrix of this my Last Will and Testament, to serve without bond or security of any type for any purpose whatsoever, and I hereby authorize, empower and direct her to sell and convey, by good and sufficient deed, in fee simple estate, any and all of my real estate, at public or private sale, for such price or prices, upon such terms and conditions, as in her judgment is best for my estate, and to that end to sign, seal, execute, acknowledge and deliver all deeds or other instruments necessary therefore, as effectively as I could do if I were personally present, without further leave of Court. My Executrix shall have all of the power and authority granted a personal representative under presently existing Pennsylvania statutes, and such additional powers and authorities as may be granted under Pennsylvania statutes existing at the time of my death. I authorize my Executrix to pay such debts, funeral or cremation expenses, administration expenses, and taxes which may be chargeable against my estate from my estate prior to any distribution. In addition, my Executrix is authorized to make any election permitted by any tax law and no adjustment of any kind shall be made between or among beneficiaries because of the exercise of any of the powers granted herein. 4 J~ <:~ "l '~~ ~) ') ~. '""', , \ ~l ,,' '0,,~~ ~\ '-~~ '.-. \ ) I direct that my estate be settled without the intervention of any Court, except to the extent required by law; and that my Executrix shall settle my estate in such manner as shall seem best and most convenient to her, and I empower her to mortgage, lease, sell, exchange and convey the real and personal property of my estate, without an order of Court for that purpose, and without notice, approval or confirmation, and in all other respects to administer and settle my estate without the intervention of any Court. My Executrix shall be entitled to take reasonable and just compensation for her time and expense incurred in the execution of my Will. SIXTH In the event that PAULA G. SMITH fails to survive me, or otherwise unable or unwilling to serve as Executrix, then I nominate, constitute, and appoint my two daughters, MARY G. SOSTER and BARBARA G. SHADLER, to serve jointly as Co-Executrices of my estate, and to serve without bond, and grant to them all the powers and authority that I have herein granted to my first named Executrix. I have named MARY and BARBARA as Co-Executrices for the sake of their convenience, since they both live a distance from my residence. 5 ) j) '~~ '~ '''- '::- ~~ ~. '" ~~ ..J " .~~ N~ i) SEVENTH If a Court of competent jurisdiction rules invalid or unenforceable any of the provisions in this Will, each such provision shall be disregarded, but the remainder of this instrument shall be given full force and effect. All questions pertaining to the interpretation, construction and administration of this instrument shall be determined in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I have hereunto set my hand and Seal to this, my Last Will and Testament, consisting of +- typewritten pages, the first -k. of which be~lignatu~e in the margin for the purpose of identification, this /5~day oLlt!h~ 1996. --r5/Ju 1i <tv /i/l/L CHARLES D. GORDON SIGNED, SEALED, PUBLISHED AND DECLARED by the above named Testator, as and for his Will, in the presence of us, who, at his request, in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses in attestation thereof. residing at ~ ~~ sA 'H Q1' eA \lO\~ ~! 8elveole/V2 .st. r/;sJ!..e Pi+ 170(3, residing at 6 I, CHARLES D. GORDON, having been duly qualified according to law, acknowledge that I signed the foregoing instrument as my Will, and that I signed it as my free and voluntary act for the purposes therein expressed. -((ilia, hI ~) K L~ '-- CHARLESD.GORDON We, having been duly qualified according to law, depose and say that we were present and saw CHARLES D. GORDON sign the foregoing instrument as his Will; that he signed it as his free and voluntary act for the purposes therein expressed; that each of us in his sight and hearing and at his request signed the Will as witnesses; and that to the best of our knowledge he was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. c-- I . . ' . !;: "'." " r'I',.. i}J':J. ., ';'.' _ rt L:' i--D!,;MISSJON [);Plr:Z'~ '\j'.....f(:.:',~.~~',< i',; r IIia5: _ . o.J '~':';'J~N',o;;'..o1. L i~'b~ 7