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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. ~ " u ~ " ~3 " ~ 0::" ~ -00 c'= (';$'';:; 3~ ,,~ ~ 0 ;;; ~ 00 V) ~~ Ii-- r::~ Pt<lFi!iC.,~ i'h K I f' (j 3~G i HU::'y C' I /I '<F' I 4... .... paJ 1<'('/1.' 'I) '( ~'" /7011 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. Il<-T'cLt:-eA--- 7i, ~~ 7. . 7 Vl ;Q' ;:: ., - s:: Ol :s: ~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 u 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 'l Iy /'- .h-e<<L'?C residingat' / / /~ {. li,t :fJ;~~ PI! J 7tJ'10 6 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 ;/ I 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 (~ o 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 ~ " ;., , i'.;.- o..tIl ( 'c,,-, -6, I i\, e r'i (\ \1 <2~Q.. !(-...t r. \~+11 r Y I,{ G.~ r,e.r \ '(',iC'_ {rkK II', nfA1 'Io 0.:." G \ \ h.s -'I Date: ..1J &'(0 I ()~ ~,~ 7>, -r:-~" Signature 7 Name ~+rl uev (Ill. +(i i t<P (\ r', ,/ I 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 .. ~~. v 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: fi;7;, ~~ ~ fU'~" 7' 7 Signature Name c......: ~ c'S 7& Ie lV/J, Ute 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 -