HomeMy WebLinkAbout02-0487
Estate of ~;uh n
also known as
PETITION FOR PROBATE and GRANT OF LETTERS
z-. I( I/<(' n 11 l No. dl.1"'D~ -1./87
To:
Register of Wills for the
(';1f'. J! :: , Deceased. County of(' t/h7/Jt:r /,., no! in
Social Security No. /S~ - (}.5 -. 8"" 3 </7 Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of ~e or older an the executrix
in the last will of the above decedent, dated j;J e c. -e /?J 6er d, 3
and codicil(s) dated
the
named
, 19~
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled. at .death in (l u/n/;c r /12> /? ~ . 9:>ounty, Pennsylvania, with
?,/5 lastfa~orpnnclpalresldenceat ';"03 Cl/ru.Juy / r; 7t2\-f
r/)(1~tJ,;YT> It'/U..J/7';~
(list street, number and muncipality)
Decendent, then Y I years of age, died
at /r 5 I "feet'
Except as fo lows, decedent id not marry, was not divorced and did n 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:)? O/J e. '
Decendent 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:
, l') ;lev / ,
'S CXXJ.
00
$
$
$
$
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters t e .5 lum co/} ru r v'
(testamentary; admihistration c.t.a.; administration d.b.n.c.l.a.)
theron.
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA l ss
COUNTY OF CUmberland J
The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition 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 tbe estate according to law.
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~o. 21-2002-487
Estate of John E.Kilkenny
, Deceased
DECREE OF PROBATE A~D GRA~T OF LETTERS
AND NOW May 17th ~ 200~ in consideration of the petition on
the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated Nbvember ;nm. 1 qq7
described therein be admitted to probate and filed of record as the last will of
John E. Kilkenny
and Letters Testamentarv
are hereby granted to Patricia M. Kilkenny
FEES
Probate, Letters, Etc. ......... S 25.00
Short Certificates(1 ) . . . . . . . . .. S 3.00
Renunciation ................ $
x-Pages (6) S 18.00
JCP TOTAL _ $ 5.00
Filed May. .1.":2tl:1,2002.......~. .~l.P.Q...
ATIORNEY (Sup. Ct. J.D. No.)
ADDRESS
PHONE
MAILED LETTERS TO EXECUTRIX
21-2002-487
LAST WILL AND TESTAMENT
I, John E. Kilkenny, of Cumberland County,
Pennsylvania, make this Will, hereby revoking all my former
wills and Codicils.
PAYMENT OF DEBTS CLAUSE
FIRST: I direct the payment of my just debts and
funeral expenses, the expenses of my last illness and the
expenses of administering my estate.
EXECUTRIX AND SUCCESSOR
SECOND: I appoint my wife, Patricia M. Kilkenny,
executrix of this will. If my wife, Patricia M. Kilkenny,
is unable or unwilling to act or continue as executrix, for
any reason whatsoever before or after my death, I appoint my
daughter, Catherine A. McKinney, and my son, John E.
Kilkenny, Jr., or the survivor of them as executors.
DISTRIBUTION OF PERSONAL AND REAL PROPERTY
THIRD: If she survives me by thirty days, I give,
devise and bequeath to my wife, Patricia M. Kilkenny, all my
personal and real property or its proceeds. If my wife does
not survive me by thirty days, I give, devise and bequeath
all my personal and real property or its proceeds in the
following manner: if he survives me, my grandson Keelan A.
Booth shall receive one half of what would have been the one
1
~l/d ini tials
G
fifth equal share of my deceased child, Eileen M. Kilkenny,
and my other children, Catherine A. McKinney, Joan M.
Gillis, Janet M. Hein and John E. Kilkenny, Jr., shall share
equally in my personal and real property or the proceeds
thereof. If Keelan A. Booth does not survive me, his share
shall be distributed equally to my children or their issue.
If in the event any of my children predecease me
leaving issue under the age of eighteen (18) years, then and
in such event I direct my executors to hold such minor's
share in trust until the said minor attains eighteen (18)
years of age. My executors are hereby given full discretion
to use the income and/or corpus of such minor's share for
the health, education, and general welfare of any such
minor.
I direct that the expense of packing, shipping,
insuring and delivering any such property to a beneficiary
entitled thereto shall be paid by the executor as an
administrative expense of my estate. In addition, to the
extent practical in the executor's sole discretion, I
bequeath any policy of insurance on such property to the
beneficiary to whom such property is bequeathed.
RESIDUARY CLAUSE
FOURTH: I devise and bequeath all the residue of
my estate, real and personal, to my wife, Patricia M.
Kilkenny, if she survives me by thirty days. If my wife
does not survive me by thirty days, I devise and bequeath
2
~initialS
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all the residue of my estate, real and personal, in the
following manner: if he survives me, my grandson Keelan A.
Booth shall receive one half of what would have been the
equal one fifth share of my deceased child, Eileen M.
Kilkenny, and my other children, Catherine A. McKinney, Joan
M. Gillis, Janet M. Hein and John E. Kilkenny, Jr., shall
share equally in my residual personal and real property or
the proceeds thereof. If Keelan A. Booth does not survive
me, his share shall be distributed equally to my children or
their issue.
If my named beneficiaries do not survive me, such
property shall be distributed to the person or persons who
would be entitled thereto if I had died intestate and
unmarried, seized, and possessed thereof, and domiciled in
the Commonwealth of Pennsylvania.
POWERS CLAUSE
FIFTH: No fiduciary under this will shall be
required to give bond or other security for the faithful
performance of the fiduciary's duties. Any such fiduciary
shall have the following powers, in addition to those given
by law:
To invest in, accept and retain any
real or personal property, including stock
of a corporate fiduciary or its holding
company, without restriction to legal
investments;
To sell, exchange, partition or
lease for any period of time any real or
personal property and to give options
3
~~~~itialS
therefore for cash or credit, with or
without security;
To borrow money from any person
including any fiduciary acting hereunder,
and to mortgage or pledge any real or
personal property;
To hold shares of stock or other
securities in nominee registration form,
including that of a clearing corporation
or depository, or in book entry form or
unregistered or in such other form as will
pass by delivery;
To engage in litigation and
compromise, arbitrate or abandon claims;
To make distributions in cash, or
in kind at current values, or partly in
each, allocating specific assets to
particular distributees on a non-pro rata
basis, and for such purposes to make
reasonable determinations of current
values;
To make elections, decisions,
concessions and settlements in connection
with all income, estate, inheritance, gift
or other tax returns and the payment of
such taxes, without obligation to adjust
the distributive share of income or
principal of any person affected thereby;
To payoff any loans I may have
taken against any life insurance policies
owned by me that remain unpaid at the time
of my death; and
To retain uninvested cash, in such
amounts and for such period of time as the
fiduciary shall deem advisable for the
proper administration of the property.
PROVISION FOR TAXES
SIXTH: All estate taxes, inheritance taxes,
transfer taxes and other taxes of similar nature payable by
reason of my death to any government or subdivision thereof
upon with respect to any property subject to any tax, and
4
&t:/c) initials
any penalties thereon, shall be paid by the executrix out of
the principal of that portion of my estate disposed of by
any ARTICLE of this Will, and all interest with respect to
any such taxes shall be paid by the executrix out of the
income or principal or partly out of the income and partly
out of the principal of such portion of my estate, in the
absolute discretion of the executrix, without reimbursement
from apportionment among the beneficiaries, recipients or
owners of such property for any such taxes, penalties or
interest; provided, however, that the executrix shall not
pay any such taxes, penalties or interest attributable to
any property included in my estate solely because of a power
of appointment thereover which I possess but have not
exercised or any transfer subject to generation-skipping
transfer tax.
INTERCHANGEABILITY OF LANGUAGE AND HEADINGS
SEVENTH: Any term used in the singular or plural,
or in the masculine, feminine or neuter form, shall be
singular or plural, or masculine, feminine or neuter as a
proper reading of this will may require. The headings used
in the various paragraphs of this will are included for
convenience only and shall have no legal significance.
GOVERNING LAW
EIGHTH: Questions pertaining to the validity,
construction and powers created under this will shall be
5
~:F;~initiaIS
determined in accordance with the Laws of the Commonwealth
of Pennsylvania.
IN WITNESS WHEREOF, I have hereunto set my hand
and seal this my Will comprised of seven pages this ~3~
day of ~C eMA1-/2.1VI..
/
, 1997.
~"h1' ~~EALJ
.ohn E. Kilkenny
Signed, sealed, published and declared by the
above-named John E. Kilkenny, as and for his last Will, in
the presence of us and each of us, who, at his request and
in his presence and in the presence of each other, have
hereunto subscribed our names as witnesses thereto the day
and year last above written.
~tu- 1f). I31M1r7
residing at
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C~initialS
COMBINED ACKNOWLEDGMENT AND AFFIDAVIT
Commonwealth of Pennsylvania
58:
County of Cumberland
Kilkenny, the te .' .~9r in,
(JOrIJ and '/"//7?t!/...?
t e witnesses to the last Will, in the atta or
instrument, who have signed the instrumen having
qualified according to law do depose and lay:
(a) that I, the testator, do hereby acknowledge that I
signed and executed the instrument as my last Will, that I
signed it willingly and as my free and voluntary act for the
purposes therein expressed; and
(b) that we, the witnesses, were present and saw the
testator sign and execute the instrument as his last Will,
that he signed it willingly and executed it as his free and
voluntary act for the purposes therein expressed; that each
of us in the hearing and sight of the testator signed the
will as a witness and that to the best of our knowledge the
testator was at that time 18 or more years of age, of sound
mind and under no constraint or undue influence.
QP~A/F~7
(T . tator)
.Ak4 m, litcrnn
W~tness
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Sworn to or affirmed and acknowledged and subscribed to
b7fore me by ~he ~b~v~ Testator/T~statrix and above
w~tnesses, th~s ~~ day of tk<e~ , 1997.
Notarial Seal
Thomas M. Devlin, Notary Public
Camp Hill Bore, Cumberland County
My Commission Expires Sept. 24, 2001
Member Pennsylvania Association oj Notaries
~/zfg~
S~gnature of officer or attorney
(Seal and official capacity of
officer or state of admission of
attorney)
7
~initialS
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CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Name of Decedent:
,John E - -k, \-Ketl (h'
I
Sf' pJ .,( ~()O I
Date of Death:
Will No. .:- C' CJ :z.
CI (i 'f &-- 7
Admin. No.
~ / - C 2 -
c '-/ (f' 7
To the Register:
I certify that notice of (beneficial interest) estate administration required by Rule 5.6 a) of the OIJ2..hans' Cour:r Rules was
served on or mailed to the following beneficiaries of the above-captioned estate on V .;).,:) CXJ :
Name
Address
t-,o~ b-'\n'~~ Dr-,. (1~Mr+LlJ1 Pd. \ 10 II
(J-J'\,\+-r,(Op U'riJ 14YH...o..s'~ PA'llto,03
Co Coovex Ct'1 D;\(')bUfj vA )10(<7
3~() Z-. (Y)C"cl.d u t.0 L\. i (}lp< /" bj I P,i \ ]1) ,n/
J-u..Y\,vt H c\ II \ \ \ 0 rYlorn I G vlo -r /j. (lJVJ.J m V)
j 0 h r\ V \ \ ken '('. 'Y j \ 0 'S \ so 1\ / { \1 '(\ ~ i 0 (1; V A c),;). O-Dl{
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except
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<2~Q.. !(-...t r. \~+11 r Y I,{
G.~ r,e.r \ '(',iC'_ {rkK II', nfA1
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Date: ..1J &'(0 I ()~
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Signature
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Name ~+rl uev (Ill. +(i i t<P (\ r', ,/
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Address 603 Fllr-~ur,l) br .
c...cUI\_P H-, \ I, Pti 170 I (
Telephone (717) ~ - <!Y 7 3
Capacity: ~ersonal Representative
_Counsel for personal representative
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STATUS REPORT UNDER RULE 6.12
Name of Decedent:
\loA t1J Z JD / /((#1) )
9.7.{)/
Date of Death:
Will No.: .:/ 4' i!) :? .
~ tJ '-/8'7
Admin. No.:
Pursuant to Rule 6.12 ofthe Supreme Court Orphans' Court Rules, I report the
following with respect to completion of the administration ofthe above-captioned estate:
1. State ~ther administration of the estate is complete:
Yes fQ1 No 0
2. If the answer is No, state when the personal representative reasonably believes
that the administration will be complete:
3. If the answer to No. 1 is Yes, state the following:
a. Did the personal r:Pesentative file a final account with the Court?
Yes _ No RJ
b. The separate Orphans' Court No. (if any) for the personal representative's
account is:
c. Did the personal r'presentative state an l;lccount informally to the parties
in interest? Yes [J No 0
c. Copies of receipts, releases, joinders and approval offorma! or
informal accounts maybe filed with the Clerk of the Orphans' Court
and may be attached to this report.
Date:
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Signature
Name
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Address
c ff(h f IJ, 1/
f/0/ 70'('
7/7- 7,,/- yc()3
Telephone No.
Capacity: ~ersonal Representative
o Counsel for personal representative
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