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HomeMy WebLinkAbout06-27-05 PETITION FOR PROBATE and GRANT OF LETTERS Estate of also known as Loretta I. Rice No. 21-05. s? 0 To: Social Secuirty No 199.07-4208 Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s). who is/are] 8 years of age or older and the executors named in the last will of the above decedent, dated Jan. 27,1983 and codicil(s) dated N/A NOTE: HAROLD C. RICE DIED AUGUST 11,2000 (state relevenat circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland the Decedent's last family or principal residence at. 888 Myerstown Road, Dickinson Township County, Pennsylvania, with (list street, number and municipality) Decedent, then 86 years of age, died at Chapel Pointe at Carlisle 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: No Exceptions June 22, 2005 Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (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: $ unestimated $ $ $ WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters Testamentary (testamentary; administration c.t.a.; administration d.b.D.c.t.a.) thereon. Signature(s) of Petitioner(s) Residence(s) of Petitioner(s) Marlin W. Rice Frederick DaWt Rice Linda Lou Murtoff 1004 Biltmore Rd"W,Haven FL 333881 801 Myerstown Rd"Gardners P A 17324 179 Frost Rd., Gardners PA 17324 OATH OF PERSONAL REPRSENTATIVE COMMONWEATLH OF PENNSYLVANIA COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well and truly administer the estate accor 'ng to law. Sworn to or affirmed and subscribed 1J. before me this ,;z '7::t:t day of June, 2005 ....!L-/ WR11-/'M_7/J..M1.uL/ M1t'~:~ . ~~ No. d/-()5 -0520 Estate of LORETT A I. RICE Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ;Z 7c:J. , 20_in consideration of the petition on the reverse side hereof, satisfactory roof having been presented before me, IT IS DECREED that the instrument(s) dated January 17th, 1983 , .described therein be admitted to probated filed of record as the last will of Loretta I. Rice ; and Letters are hereby granted to Marlin W. Rice, Frederick David Rice, Linda Lou Murtoff FEES $ $ $ $ $ $ $ Total_ $ Filed rVt1.1. 11Th , 20 (35 _ ~~~k~~ CWL- ~~ - ~/1t.~=10 d.'f3-,j-f;3?f Probate, Letters, Etc. Will Renunciation Short Certificates ( ::;) ~ ~ JCP Automation Fee Bond Co c200.- /0.00 ~ 0 Q.l2 I C), 0.0 .-- 00 C),- ;?) /0 Q.o ~7~Jtu~ ' egIster 0 WI RobertM. Frey, 06274 ATTORNEY (Sup. Ct. LD. No.) 5 South Hanover Street Carlisle, Pennsylvania 17013 ADDRESS (717) 243.5838 PHONE REGISTER OF WILLS OF CUMBERLAND COUNTY OATH OF SUBSCRIBING WITNESS Estate of LORETTA I. RICE NO. 21-05 -580 Also known as .Deceased Robert M. Frey (each) a subscribing witness to the will presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that HE WAS present and saw LORETTA I. RICE, the TESTATRIX, sign the same and that HE signed as a witness at the request of LORETTA I. RICE, TESTATRIX in HER presence and (in the presence of each other) (in the presence of the other subscribing witness(es)). Sworn to or affirmed and subscribed before ~ - h. "'7. ~ me this OZ 7d day of Robert M. Frey ,- JUh'I.E, 2005 Ill;. 5 S. Hanover Street. Carlisle P A 17013 )f}i~f/Y ttUMM/ ~~<r/'.R<: A/). .. It RegIster ~-<-- ~ U~. r - Deputy ('." REGISTER OF WILLS OF CUMBERLAND COUNTY OATH OF NONSUBSCRIBING WITNESS Estateof LorettaI.Rice No. 21-0S-5!fO Also known as .Deceased Robert G. Frey and Trisha A. Liess (each) a subscriber hereto. (each) being duly qualified according to law, depose(s) and say(s) that they are familiar with the signature of Loretta I. Rice, testatrix of (one ofthe subscribing witnesses to) the codicil/will presented herewith and that they believelbelieves the signature on the codicil/will is in the handwriting of Loretta I. Rice to the best of their knowledge and belief. jJ Robert G. Frey Sworn to or affirmed and subscribed Before me this ,} 1 day of 5 S. Hanover Street. Carlisle PA 17013 of 1",,2005 ~ ~ iJ~A I fl/hUA/ JtlLlA/~~ / '~,0/. I ~ Register Trisha A. Liess ~~ 5 S. Hanover Street. Carlisle PA 17013 Deputy '~Ii'; kl.Y I.(i.' This is to ~cr(ify that t1~e .infonml~i.~m here. given, is correctly copied from an original certificate of death duly filed with me as Local RegIStrar. The ongmal CCrllllcalc wr/I be lorwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. h:e for this certificate, ~6.0() No. ~.."UHH"~~ \\I,'I'(~\l~J[ jil;'~-~-~_ l'#/ ~4'..(;.\ l~~/' ~~~" ~~: '.-. \"7':. ~QI' .ia,. I~~ ~~'. .fll. "I:b~ ,*i;l.~. 'f*, l~\ d.. /~l '\.~~....--. /-$>/ '.,.!lMfN1 ~(~\:",,'" ~,-"""////,,,,,,,,,,'II" li~ t:\. \='~&..-t"~~~ Local Registrar P, 113"?')7'.{ .j..... t. ! ~, JUN 2 3 2005 Date ;< 1- 05-5 g6 l". H105.t-43f\...~87 COMMONWEALTH OF PEHHSYL\lANIA . DEPARTMENT OF HEALTH. "'ITAL RECORDS CERTIFICATE OF DEATH ._, . ~,"fJiT .... N.AAlEQFOE:C~obrrlf""',M"''''.,l_1 '" Sl"'iF.LU.U.....ER SOCIAlSECVPITI'NL!\UlHI DAT~ OF DEATrI,M<lI'01l. Oo.~. ._! '. LORETTA RICE I. Female 3..199 - 07 - 4208 ~. June 22, 2005 ~\ COUN'T'l"OFOE.V" AGEtI....SiltMov\ 86 '" Ur<<lEFI 1 YEAA MoroI'IlI D.,. VtfOI;R1DJI// tioo.n1- Sll'lT"P~(C,~..-'" Pl.ACEOFDO.r..<<:N>c,ot>Iy""" ""'''''''UC1'''''''''''__1 $tao."'F"'_C",,".'l'l t<OSPIlAL Gardners, Pa __fg E~..", 0 , .. fACILIT'1' NAME III ""'''''''''''''''. g..."'...."""""'_, ::-""10 Cumberland AACE.A"'ooricOnndl.n.llIod1,_.elC "...." N. White SURVWlNOSPOUl;E III.......~..._-I 888 Myerstown Road ~Gardners Pa 17324 F/lnfER'S_tF""l t.\;d(ll., lasll Earl Wilson GrOll sw.w:fT~Pt""l Frederick Rice OF DISPOSITION a.-9 c............D _"""'81...0 oo.or(Spd\I\ - ,~~ Cumberland '7cf.o~~:::... UOTHER.SNAM!:tF....M;.J,lIO.M.olQn$ol"'""l'l I. Ene Susanna S an ler INFOI'lMANrS..........NGADOAeS$(Srw<.C~._.Zi>C<<Iej 801 M erstown Rd, Gardners, Pa 17324 PlACE OF ()lSPOSmON.N......~tC........-;; C''''''""'''"'' lOCAnOH .Cily/'Iown. StotO.ltIc... "'~~and Valley Merrorial Carlisle, Pa J70/3 Gardens 1 . llAUEANOAOllFlESSOFFA<;lt.lTY _. 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"1,,11):" 'Pf'OMOIJIiCIHQANDa>:RT1FY'OOPHV8ICIAHIPI>VS";...""",,,,",,,,,,"""'ll"'"""'_ctlOi""'og,o<Ousool"""O' Toltloo_of"'yfu\aIrildg~,_~~""'-'d.l<o..""plK..__\O"'.c'U"l'l."""'.nn.,...""o<:I 'IftDICALEXAMINI!AICOROIllER 31_~'=' ~:~..::~~~"'I"'ll~n .~.....lnv~.lI~~~IoI\.I".,V OP'''io~: ~e~~~~~<U~~Od .Ilhe lhn....d.l~: ~nd PI..e: :~d d"".'~ '~~ .'U~'l_ 0 n. """'~'''''.~"'~.".'''~ t:\. ~~~~~ tlLlwJ..&J 706<,- <1.:" atlas- , ~ \ ~j i J\J .. J . . LAST WILL AND TESTAMENT OF LORETTA 1. RICE !)..1'Ob'-Sg6 I, LORETTA 1. RICE, of Dickinson Township (mailing address: R. D. #2, Box 196, Gardners, Pennsylvania 17324), Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void any and all Wills by me at any time heretofore made. 1. I direct my hereinafter named Executor to pay all of my just debts and funeral expenses as soon after my death as may be found convenient to do so. I direct that my funeral services be conducted by whatever funeral director my Executor deems appropriate, and that my body be interred on my burial lot located in Cumberland Valley Memorial Gardens in West Pennsboro Township, Cumberland County, Pennsylvania. 2. All the rest, residue and remainder of my Estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and bequeath to my hereinafter named Trustees, in Trust, to receive and to invest the same, and to pay the income arising therefrom to or for the benefit of my husband, Harold C. Rice, so long as he shall live, and upon the death of my husband, Harold C. Rice, if he shall survive me, or upon my death, if my husband, Harold C. Rice, shall have failed to survive me, I direct that sixty (60%) per cent thereof shall be divided equally among such of my three (3) children as shall survive me by a period of ninety (90) days, they being Marlin W. Rice, Frederick David Rice, and Linda Lou Murtoff, but should any of said three children fail to so survive me then the share such deceased child would have received shall pass to such of his or her issue as shall survive me by a period of ninety (90) days, per stirpes, and should there be no such issue, then such share shall lapse and be added to the remaining share or shares, per stirpes; and the remaining forty (40%) per cent thereof I direct shall be retained in Trust by my hereinafter named Trustees and so much of the income arising therefrom as in the opinion of said Trustees is reasonably required to provide for the support and maintenance of my son, Lonny H. Rice, in addition to whatever other income he may have, shall be paid to or for the benefit of my son, Lonny H. Rice, at regular intervals each year so long as he shall live, but should the income in any calendar year be in excess of that which is reasonably required to pay for his proper maintenance and support in excess of any other income which he may have, then such excess income arising from said Trust shall within the last ten calendar days of each calendar year be distributed equally among my said other three children, Marlin W. Rice, Frederick David Rice and Linda Lou Murtoff, but should any of them become deceased then the share such deceased child would have received shall be paid to his or her issue, per stirpes; and upon the death of my son, Lonnie H. Rice, said Trust shall terminate and the principal thereof together with any undistributed income shall be divided equally among my said three other children, but should any of said three other children be then deceased, the share such deceased child would have received shall be paid to such of his or her issue then living, per stirpes. 3. I hereby nominate, constitute and appoint as Trustees my husband, Harold C. Rice, and my three children, Marlin W. Rice, Frederick David Rice, and Linda Lou Murtoff, r'" Page 1 of 2 Pages lit I ,. , . , but should all of them become deceased or choose to cease serving, then I direct that they or the survivors of them shall select one or more trust companies to act as successor Trustee, but in the event they shall fail to make such a selection, I direct that either Bendersville National Bank of Bendersville, Pennsylvania, and its successors, or Barnett Bank of Auburndale, Florida, and its successors, shall be successor Trustee. 4. I hereby nominate, constitute and appoint my said husband, Harold C. Rice, as Executor of this my Last Will and Testament, but should he predecease me or fail to qualify or cease acting as such, then I nominate, constitute and appoint my three children, Marlin W. Rice, Frederick David Rice and Lind Lou Murtoff, or any of them, as co-Executors, but should all of them fail to qualify or cease acting as such, then I nominate, constitute and appoint whatever trust company may be nominated by my said husband and/or three children as alternate or successor Executor, but should they fail to make such a nomination, I then nominate, constitute and appoint either Bendersville National Bank of Bendersville, Pennsylvania, or Barnett Bank of Auburndale, Florida, as alternate or successor Executor, and I further direct that none of them shall be required to post any bond to secure the faithful performance of his, her or its duties in the Commonwealth of Pennsylvania or in any other jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal to and Testament, written on two (2) pages, the 27th day of January this my Last , 1983. Will ~ p925P~r ~ Loretta I. Rice (SEAL) Signed, sealed, published and declared by LORETTA I. RICE, the Testatrix above named, as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. ~~~ \ Page 2 of 2 Pages