HomeMy WebLinkAbout04-25-78
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IN RE: ESTATE OF LOUISE M.
DARLINGTON, Deceased
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
Q
NO. ,,( / c; D-~t-iLo."'4' J 9 n
DECREE OF DISTRIBUTION
PURSUANT TO SECTION 3102 OF THE
PROBATE, ESTATES AND FIDUCIARIES CODE
II b. _ , YI I.( 7!:
NOW,' V"Jrl/V-' 7 , 1978,
AND
upon consideration
of the petition heretofore filed by HARRY M. DARLINGTON, husband
to and party-in-interest of Estate of Louise M. Darlington, and
after hearing, distribution of the personal property of which
LOUISE M. DARLINGTON died possessed, including the $732 for the
Estate of Rosemarie B. Milliken and Equitable of Iowa Contract of
$12,500 on life of Harry M; Darlington, Contract # 1321545, is
hereby ordered and decreed, pursuant to Section 3102 of the Probate,
Estates and Fiduciaries Code, as amended, to be made to HARRY M.
DARLINGTON as reimbursement of expenses paid and to be paid by
him, as set forth in petition, and as distribution to him as sole
beneficiary under Louise M. Darlington's Last Will and Testament
dated May 2, 1971, attached hereto as Exhibit nAn.
BY THE COURT:
BOOk 104 fACt 872
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IN RE: ESTATE OF LOUISE M.
DARLINGTON, Deceased
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO.
PETITION
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
The Petition of HARRY M. DARLINGTON, husband of
Louise M. Darlington, Deceased, is made under and pursuant to
Section 3102 of the "Probate, Estates and Fiduciaries Code",
as amended.
1. The decedent, Louise M. Darlington, who died on
February 27, 1978, resided at 50 North 30th Street, Camp Hill,
Cumberland County, Pennsylvania.
2. Your petitioner, whose address is 50 North 30th
Street, Camp Hill, Cumberland County, Pennsylvania, is the
husband of the decedent.
3. The decedent and Petitioner were married on
October 6, 1934.
4. The decedent left a will dated May 2, 1971, the
original of the same being attached hereto as Exhibit "A".
5. The said Louise M. Darlington left her surviving
the following persons entitled to share in her. estate:
Harry M. Darlington, Husband, Sole Beneficiary
under decedent's will dated May 2, 1971.
aoOk 104 Fm 868
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6. The person entitled to the family exemption is
HARRY M. DARLINGTON, who is the decedent's spouse.
7. The property of the decedent and the values of
the several items thereof is as follows:
Estate of Rosemarie B. Milliken
Cash Value of $12,500 Insurance
Policy on life of Harry M.
Darlington. Equitable of,Iowa
#1321545
Total
$ 732.00
$4150.00
$4880.00
8. The following disbursements have been made on
behalf of the estate by decedent's husband prior to the filing
of this petition:
To Whom
For What
Funeral, lot,
Cremation, food
Minister
Organist
Stone for lot
Hbg. X-Ray Assoc.
Final bill
Cardio-Thoracic
Assoc.
Diagnosis
Bell Telephone
Phone
Post office
Stamps
.Total
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aOOK 104 f~Cf 869
Amount
$ 644
20
15
465
114
50
20
5
$1333
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9. The names of all unpaid claimants of whom the petitioner
has notice or knowledge are:
Shearer, Mette & Woodside
Est. $250.00
Miscellaneous Admin. Expenses
$ 50.00
10. A schedule of assets and deductions for inheritance
tax purposes has been filed with the Register of Wills on or about
April 22, 1978, inheritance tax was assessed in the amount of $71.19
(with 5% discount), which was paid on April 22, 1978, receipt for
which is attached hereto.
11. WHEREFORE, petitioner prays that the Court direct
distribution of the $732 due from the Estate of Rosemarie B.
Milliken, and the Equitable Iowa #1321545 on the life of Harry M.
Darlington, which is all of the property of the said Louise M.
Darlington, Deceased, to her husband, HARRY M. DARLINGTON, as
reimbursement of expenses paid and to be paid, as aforesaid, and
as distribution to him as sole beneficiary under her will dated
May 2, 1971.
A,
Darl~ngton,
aOOK 104 rm 870
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COMMONWEALTH OF PENNSYLVANIA
fL ~ L"
COUNTY OF ~'V
55.
HARRY M. DARLINGTON, being duly sworn according to law,
deposes and says that the facts set forth in the foregoing
petition are true, to the best of his knowledge, information
and belief.
Sworn to and subscribed
before me this ao4c day
of ~
, 1978.
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LAST WILL AND TESTAMENT
OF
LOUISE M. DARLrnGTON
I, LOUISE M. DARLrnGTON, of the City of Camp Hill, County of
Cumberland and State of Pennsylvania, being of full age and of sound and
disposing mind and memory, do make, publish and declare this to be my Last
Will and Testament, hereby revoking and annulling any and all Wills and
Codicils heretofore made by me.
ITEM I
I direct that all my,just debts, including the expenses of my
last illness and funeral, and the costs of administration of my estate,
be first paid out of my estate. I further direct that all inheritance,
estate, succession and other taxes of a similar nature levied or imposed
by reason of my death, together with interest and penalties thereon, if
any, regardless of whom the same may be assessed against, shall be paid
by my Executor from the ,principal of my estate in the same manner as any
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debt thereof and that said Executor shall--not seek reimbursement therefor
from any person whomsoever.
ITEM II
All of the residue of my property, personal and real, to which
I may be legally or equitably entitled at the time of my death, and any
property over which I may have the right of testamentary disposition, I
gi ve, devise and bequeath to my husband, HARRY M. DARLrnGTON, if he sur-
vives me for a period of thirty (30) days.
ITEM III
In the event that my husband shall not survive me for a period
of thirty (30) days as aforesaid, then I give, devise and bequeath all of
EXHIBIT "A"
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the aforesaid residue of my property in, equal shares to such of my children
as survive me, counting as a living child the then living issue per stirpes
of any deceased child of'mine.
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At the time of the execution of this Will, I have two (2)
children; namely, HARRY M. DARLINGTON, JR. and STEPHEN M. DARLINGTON.
ITEM IV
I nominate and appoint HARRY M. DARLINGTON, as Executor of this
my Last Will and Testament, and I direct that he be relieved from giving
bond as Executor hereunder. I authorize and empower my Executor to make
distribution in cash or in kind, or partly in cash and partly in kind, to
settle, compromise, adjust, release and discharge all debts and claims
which may be presented against my estate, or which may be due to me, to
invest or reinvest any cash or other property in my estate, or the proceeds
thereof, to retain or to sell at public or private sale or in such manner,
at such prices, upon such terms of credit or otherwise as he may deem
best, all or any part of my real or personal estate, without order of court
or other authority, and to execute and deliver deeds and other proper in-
struments of conveyance or assignment thereof to the purchaser or purchasers,
and to do any and all other things necessary or convenient to the proper
and legal management of my estate.
In the event of the death, renunciation, resignation or inability
of said Executor to act, I nominate and appoint my son, STEPHEN M. DARLINGTON,
of North Olmsted, Ohio, to be the Executor of this my Last Will and Testa-
ment, to serve ;,ithout bond, and such Executor shall enjoy and have the same
immunities, privileges, rights, powers and duties as in and by this instru-
ment are reposed in the Executor first named.
In the event of the death, renunciation, resignation or inability
of said STEPHEN M. DARLINGTON to act, I nominate and appoint my son,
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HARRY M. DARLINGTON, JR., of Wheeling, West Virginia, to be the Executor
of this my Last Will and Testament, to serve without bond, and such Executor
shall enjoy and have the same immunities, privileges, rights, powers and
duties as in and by this instrument are reposed in the Executor first named.
IN WITNESS WHEREOF, I have hereunto set my hand to this my Last
.
this
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, 1971.
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Will and Testament, at
day
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v LOUISE M. DARLINGTON /
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