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 _
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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 ~-<-- ~
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Deputy
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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.
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COMMONWEALTH OF PEHHSYL\lANIA . DEPARTMENT OF HEALTH. "'ITAL RECORDS
CERTIFICATE OF DEATH
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LORETTA RICE
I. Female
3..199 - 07
- 4208
~. June 22, 2005
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COUN'T'l"OFOE.V"
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Earl Wilson GrOll
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Frederick Rice
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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
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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.
~~~
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Page 2 of 2 Pages