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HomeMy WebLinkAbout05-15-78 No, 11-78 '?'!:\'1' (, ,- ...,. .... PETITION FOR PROBATE OF WILL AND LETTERS TESTAMENTARY in the Estate of EUGENE o. mLYOIT , deceased. To Richard E. Anderson, Register of Wills for the County of Cumberland, in the Commonwealth of Pennsylvania. IS Petitioner(~ the execut rix named In the Last Wi II and Testament of Eugene o. Colyott Decedent was a citizen of the United States and a ~ Newville Borough, Cumberland of Pennsylvania. Decedent died on dated Februaxy 19, 1974 resident of County, Commonwealth Fridav the 14th day of April A. D. 19 78 ,in the County of Cumberland State of Pennsylvania at the age of 56 years. ~ ~ ~ Decedent has not been married and has not had children born to him since the execution of the above described Will. Decedent was possessed of personal property to the value of $2,000.00 and of real estate to the value of $30,000.00 as near as can be ascertained; said real estate situated as follows Borouqh of Newville, CUmberland County, Pa. apply Therefore, your petitioner(s) respectfully applies for the probate of the said Last Will and Testament and for Letters Testamentary thereon. Dated April 28 , 1978 Name and address of Petitioner(s) .f ,r. -" .: ,,/ji ~at~~~l~'~: /~ car;ott' _// i I 58 South High Street Newville, Pa. 17241 COMMONWEALTH OF PENNSYLVANIA! ss COUNTY OF CUMBERLAND Patricia E. Dube Colyott named in above application, being duly S\\Dm according to law say(s) that the statements set forth in this petition are true to the best of her knowledge and bel ief. S\\Dm to and subscribed before ~ 1~78 Richard E. Anderson, Register . ,I" ,::.',1"" / i Y </,~~_;.-- :~<_l / _ "..-;. <, ',' ,...~- -: /.. , Patricia if. Dube Colyott / 'r I . Fi led; May 15, 1978 ~ ' _';)/(1('_1 a)//uu v . Attorney: ;7/Q C. (r'eA. l-)) /.~lIl S . ....,~. < /../. rL <+ A; /}, ),/.//p' "?;A OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA} . COUNTY OF CUMBERLAND SS. Before me, the Register for the Probate of Wills and granting of Letters of Administration in and for the County of Cumberland, personally came ......J?~g~~~~..~!...~..Q;>lyQ:t.t............................................... who, being duly .......SMOrn..........., do ,es...... depose and say that as.....Executrix......................................... of the last Will and Testament of ..........~g!=m~..9.!...<;:;Q.+Y9tt..............................................................deceased ......~~............. will well and truly administer the goods and chattels, rights and credits of said deceased according to law. And also will diligently comply with the provisions of the law relating to Transfer Inheritances. .....~m..~....... and subscribed before me. ~,1"h1'.i:;.~..~.,"""...:..':. / / i , / / ,,' /<' / / ! ; " / /. " /" .............. PatricIa: . E.: ..Dillie. .COIyott........'............ . . . . .. .. .. . . . . . . . . .. . . . . . . . . .. . . . ~ .. .. . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . o Z $ cd ., 00 ~ :"t:i :Q) :00 .cd :Q) :u :Q) :0 u.. co: ~j r--: 0 :::ft::: :>:!: j..:l: ~ ...J 8~ 0 0 ...J . . o::l 0: - - . : ~! ..-< 0: ~ ~ 8: ~ J:il: ..-< r:LI: "0 (\J: Q) "0 l.f\: ... ...c: 0 u 01:1--: Q) ."t...: ... Q) "0 an ~ cd cd p.. DECREE cc' . '. r.-. L -'. ~ M. \..,.~ Vj ;:,2 ,~, : u o. r"" : .fJO ........ I "..- ~""..... t>>: ct: ';' : t"'-< : o Z "0 Q) - ~ Be it remembered that on the ......J.5..th........ day of .............................t1.~.y............., A. D., 19 ..?~..., there was probated and recorded the last Will and Testament of .....~~~..~.....~~y.~'!:'!:....................................., late of...:t;:h.~..~~ql;J;qJ:1..9.:f..~~w0.~~~............................, Cumberland County, Pennsylvania, Deceased. Letters ............~~'!:~~.................... were granted to ....?~~~.<?~~..~.~..~..s:?~.X<?~~............ Witness my hand and official seal the day and ye~r aforesaid. Richard E. Anderson, Register. ..... t":~~ OA TH OF NON-SUBSCRIBING WITNESS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } 55: This, the 9th day of May A. D. 19zJL, before me, Richard E. Anderson, Register for the Probate of Wills and Granting Letters of Ad ministration in and for the county of Cumber- land, in the Commonwealth of Pennsylvania, personally came TOOmas E. Gsell who being duly swam according to law deposed and say that they are well acquainted with the handwriting of Eugene O. Col yott whose name is attached as testator to an instrument of writing purported to be the Last Wi II and Testament of Euqene o. Colyott late of Borough of Newville, CUnberland County, Pennsylvania , deceased and that the said signature is true and genuine, and that the said Ja:rn:=s R. Huntington II and William A. D3.ring are absent ~mto and subscribed before me, this 9th day of A. D. 197~ Richard E. Anderson, Register per Deputy Reg ister '"' t,., t.:" . "." OATH OF SUBSCRIBING WITNESS COMMONWEALTH OF PENNSYLVANIA l ss: COUNTY OF CUMBERLAND ~ This... .......... ............~ ~.t.~............. ........ ........ ......... day of ... .................. ...... .~.~i{.... ......... .......... ...... A.D., 19 18 '0. ..., before me Richard E. Anderson, Register for the Probate of Wills and granting letters of Administration in and for said County of Cumberland, in the Commonwealth of Pennsylvania, personally came .............. Judy T. Sosa, one of ................................................................................................................................................................................ the subscribing witnesses to the foregoing instrument of writing purporting to be the last Will and Testament of ....... .~9."~~. .9.~.. 9:?~y~:t;:t;........................................................... Dated .. :':~:':?~.. ~~!.. .~??~...... late of ....... R9;9.~gh..<?+. .N~;i,.hh~............. .......... .................... .............. ....... Cumberland County Pa., deceased who being duly ..........~rn....................... according to law, depose and say, that .P.~..~......................... present, and saw and heard the testat.9.~.... .... ...... ............, ...~1+g~..9. ,...C9ly9.tt.... ...... ............... ...... .... ...... sign, seal, publish, pronounce and declare the said instrument of writing as and for h.;i,~........... Testament and Last Will, and at the time of so doing .J;:.l,l,g:~~..Q."'..~;l.y.Qt;t..............was of sound and disposing mind memory and understanding, to the best of .........h-~~...............................knowledge, observation and belief. ..............~m..:t;Q.................. d subscribed before ~ ~. . :-f.' \y ',-- Y / J u C:::::.j. /4<,'}-"1".J .............. .~~M"T"""""'" .0;;;:;. .,,~:,-: .<;,.............................. f ) / ) ~/ '~,_/ AFFIDA VIT OF DEATH COMMONWEALTH OF PENNSYLVANIA ~ ss: COUNTY OF CUMBERLAND \ . . .. ....p..~t:~:hC?:h~J?~..~..~:J-.Y.<?t:t......... ...... ........ ...... ........ .... ............ ..being duly ............................................ .... . ..........~PL.......................... says that as nearly as can be ascertained the said decedent .......................... ... ...................... F.:-yg~~r...9.!.. .<0?.+Y9:t:t;................................................................................................. ....... .died on ......... ~:,:~~y............................ the ... ...~~~.................. day of ........ :~7.~~............ ....................... A.D., 19~~...., at or about .............. ~:. ~ ~.................... 0' clock, ~..M. .....~.~..:t:?...... ...... ...... ............. .and subscribed this 28th Anril ............................ ~................... day of ......:................. 19, .?~...., before ! f. //. ,. . . , ( , .. .". "I' /' ' ." / I "" ;. ',.' -- . ,,' / ......................:...............;.....................................,........ Patricia E. Dube Colyott jJI!<"A....".. Richard E. Anderson, Register nt:.c ~ ~ ...~ ~ \:J \j .\ J t '~ ,~ . 'y ~ LAST WILL AND TESTAMENT OF EUGENE O. COLYOTT I, EUGENE O. COLYOTT, a domiciliary of the Co'mmonwealth of Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this instrument to be my LAST WILL AND TESTAMENT. FIRST. I hereby revoke any and all wills and codicils by me heretofore made, including the Will I executed 18 March 1966. SECOND. I direct that all 'my just debts and funeral expenses be paid as soon as conveniently can be done after my death. THIRD. I give, bequeath and devise all my estate and property, including all property of which I shall die seized and possessed, all property to which 'my estate shall be otherwise entitled at the time of my death, and all property over which I shall have power of appointment, of whatsoever kind or nature and wheresoever situated, be it real, personal or mixed, absolutely and forever, to my wife, PATRICIA A. COLYOTT. FOURTH. In the event that PATRICIA A. COLYOTT shall predecease me, I give, bequeath and devise all of my said estate, share and share alike, absolutely and forever, to my children, PATRICIA E. DUBE, VICTORIA L. COLYOTT, and WILLIAM E. COLYOTT, and to the issue of any predeceased child, such issue to take per stirpes, and not per capita. FIFTH. I hereby expressly state that my wife and I own all of our personal property jointly with right of survivorship; and if my wife shall survive me, then said property shall not be included in my estate, but shall be owned by my wife through operation of law. SIXTH< This Will is hereby expressly made in contemplation of (Page I of 3 Pages) , "- ''/" .:$.L) c.~.7 ,j L (t;1 ,~ ~:.~ ,.."...,0 ~ '\\ I;t '" \. .. ~'V ~ ~ (...., '0 \ I J l\ " "-! ,~"- , 'Y '~ the fact that children may be born to me or adopted by me after the execution hereof and accordingly, I direct that all references in this Will to "children" or "child" shall be construed to include those born to me or adopted by me after the execution of this Will. SEVENTII. Wherever in this my IAST WILL AND TESTAMENT it is provided that any person shall benefit hereunder if such person shall survive me, such person shall be deemed not to have survived me if he or she shall die within thirty (30) days after my death. EIGHTH. In the event that my wife, PATRICIA A. COLYOTT, shall predecease me and I shall die leaving a minor child, or minor children surviving me, then I request that my daughter, PATRICIA E. DUBE, Dallas, Texas, be appointed as guardian of the person and property of each minor child of mine who shall survive me, to serve during the minority of such child or children. I request that no bond or surety be required of the guardian appointed under this paragraph. NINTH. I nominate and appoint PATRICIA A. COLYOTT as executrix of this Will, and I request that my executrix be prmitted to serve without bond or without surety thereon and without the intervention of any court except as required by law; and in the event PATRICIA A. COLYOTT shall predecease me, or fail to qualify or complete the administration of my estate, then I appoint PATRICIA E. DUBE as successor executrix of this Will undex the same conditions as heretofore set forth in this paragraph. TENTII. I give my said executrix or alternate executrix, as the case may be, absolute discretion and the fullest authority in all matters including, but not limited to, complete authority to sell (at public or private sale, for cash or credit, with or without security), mortgage, lease, and dispose of all property, real, personal or mixed, at such (Page 2 of 3 Pages) -A :s, r/fll-' LJ.VYJ i -.. ~:: "l times and upon such terms and conditions as she shall determine. I direct that the administration of my estate be as independent of probate court proceedings as the laws in force at my death shall permit. IN WITNESS WHEREOF, I have at Carlisle Barracks, Pennsylvania, / C? this / / day of /~ 6/'-'<-1.'7/'-'7 to this my LAST WILL AND TESTAMENT consisting of three (3) typewritten , 1974, set my hand and seal pages, this included, the preceding pages hereof bearing my signature. -g; "] ;. / ~.~. r--/u~ {[/, Cd~7~-Z- 'EUGENE O. COLYOTT (SEAL) Signed, sealed, published and declared by the above-named Testator, EUGENE O. COLYOTT, as his LAST WILL AND TESTAMENT, in the presence of all of us at one time, and at the same time, we, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses, and we do hereby attest to the sound and disposing mind and memory of said testator at the date hereof, and to the performance of the aforesaid,acts of execution at Carlisle k PI" h" '{JjIa f ,-;/ I 1974 Barrac s, ennsy van~a, t ~s ay 0 ;();i./ i 1/1 'LA;} , . NAME ADDRESS " d J-r. b. . .~.~;:)/;...) >tVV ~j L. l' . //9 ',:1''8' )3~ r J{M,i ~~ ,7/ / / ' 2. ',;s ,)., {;! (i 0 (;;, t \.. i :" 'J ' I it J" , , ,( ,"~'L' L. ,,[,t/t...-l/'v't V iJ v /.. D lL(, '/ i' ;' "c'{/UI,.L 2J(J:.j , 1',.-:.:.. / 1':: d - ('--/1 /.//5' /)..1 v' JF{ G),' /- -' '-9c-. j //1 ! /\ /1 f/ (,-' !?C'-Y J ,) l7U-tf--/I''UA2.-t'4L./ , J cd (Page 3 of 3 Pages) .'t,. ,., 'Vi.