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.)
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Paula G. Smith
1260 Hillside Drive
Mechanicsbura
P A 17055
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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
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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
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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.
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Local Registrar
Fee for this certificate, $6.00
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115007
No.
APR 1 5 2005
Date
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H10!,.143~.'2I81
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
TYPEIPRlNT
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PERMANENT
8L.ACKINK
CERTIFICATE OF DEATH
STATE FtLU.I"R
SOCIAL SECURITY NUMBER
.. 169 - 05
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AGE (LuIBlrUUy)
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COUNTY OF DEI. TH
BIRTHPLACE (~and
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,Pittsburgh, PA ...
FACILITY NAME (If not IMtItuIlon.lIlQ strwt and nl.ftlbelo)
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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
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LICENSE NUMBER
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RlGlSTRAR"S SIGNATURE AND NUMBER DATE FILED (Monlh. Oay. V....)
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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.
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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.
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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.
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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.
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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.
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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
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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.
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