HomeMy WebLinkAbout07-14-05
Register of Wills of . _Cumberland. County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of Helen F. Darcy
also known as
No. 21-- <::J S - l.o J... 'l
, Deceased
Social Security No. 194-03-8760
Joseph M. Darcy
Petitioner(s), who is/are 18 years of age or older, appJ(ies) for:
(COMPLETE 'A' or 'B' BELOW)
00 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the
the Decedent, dated 0612512002 and codicils dated
named in the last Will of
JOhi~ (),,"'<~
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State relevant circumstances, e.g., renuncia lon, death of executor, etc.
Except as follows. Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents
offered for probate; was not the victim of a killing and was never adjudicated incompetent
o B. Grant of Letters of Administration
(c.t.a; d.b.n.c.t.a; pedente lite; durante absentia; durante minoritate)
Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs:
I Name Relationship Kesidence 1
3415 Fr)f l<oaa
Joseph M. Darcy Son Harleysville, PA 19438
2138 Yale Avenue
Gerald F. Darcv Son Camp Hill, PA 17011
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her family
or prinCipal residence at 2810 Yale Avenue, Camp Hill
(list street, number, and muniCipality)
Decedent, then 92
years of age, died 0610812005
at
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 PAl Personal property in County
Value of real estate in Pennsylvania
(Location)
$3,000.00
$
$
$
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant
of letters in the appropriate form to the undersigned:
Ignature
Vd '08 ON{lcEi8Viffi
18f108 S,t'NHdtlO
Joseph M. Darcy
yped or printe name and reSidence
3415 Fry Road
Harleysville, PA 19438-3201
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Prepared by the pennsyrv'anla ~ar MSociatlOll
Copyright (el 2004 form softWare only The Lackner Group. Ine
Form RW~1 (1991)
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
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 representative(s) of
the Decedent, Petitioner(s) will well and truly administer the estate according to law
~~~~
6Yoseph . Darcy
Sworn to or affirmed and subscribed
~-
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before me this '\"
day of
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, "J..'O<::,S
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For the Registe~~' )
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No.
21-- <;:)5 - ~ "),,'1
Estate of
Helen F. Darcy
, Deceased
also known as
Social Security No: 194-03-8760
Date of Death:
06/08/2005
AND NOW,
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, in consideration
of the Petition on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters 00 Testamentary 0 of Administration
(c.ta" d.b.n.c.ta., pendente lite: durante absentia: durante minoritate)
are hereby granted to Joseph M. Darcy.
in the above estate and that the instrument(s) dated
6/25/2002
described in the Petition be admitted to probate and filled of record as the last Will of Decedent.
FEES
Letters. .$ 7><:0 .
Short Certificate(s) <,,~). ...$ )."
Renunciation. ..$
"'\'-'- \':; .
Affiela"ttt ( ). ... .$
Extra Pages ). ...$
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Registe( of Wills
AttorneY~B!nr ~.Y...
41263
1.0. No:
Address:
429 South 18th Street
Codicil..
...$
Camp Hill, PA 17011
JCP Fee..
. . ....$
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Telephonel 717/730-7310
E-Mail:
Inventory....
...$
Other.."'~~."<'"
$
.s.
TOTAL.
..$
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Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc
Form RW-1(1991)
H105.S05REVI/O:l ~\- ~5 - <..0"";)",
This is to certifv that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar~ The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate. $6.00
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11560383
No.
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Local Registrar
JUN 1 0 2005
Date
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COMMONWEALTH OF PENNSYLVANtA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
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MOTHER'S NAME {Fnt. Middle, Maid<<! S__l
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INF~MANT'S MAILING ADDRESS {$!nel. CllyITown, S\Ql, Zip CoOe)
2Ob. t13B Yale Ave. Hill PA 17011
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LAST WILL AND TESTAMENT
(pour-Over Will)
OF
HELEN F. DARCY
2OG5 JUL 14 AM g: 08
CLERK
ORPHAN'S mum IDENTITY
CU' 'BERL t' .r. t'n Pi'
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I, HELEN F. DARCY, residing in the County of Cumberland, Co
being of sound mind and memory, and not acting under duress or un
whomsoever, hereby declare this to be my Last Will and Testament, and I
former Wills and Codicils to Wills heretofore made by me. My Social Security
All reference made herein to "spouse or my spouse" refers to the person to whom I am currently
married, namely, JOHN C. DARCY By the ensuing provisions of this Will, it is my intention to dispose
of my interest in our property; I do not intend to dispose of anything belonging to my husband or to put
him to any election.
I have the following children: Joseph M. Darcy, born January I, 1944 and currently residing in
Worchester, PA 19490, and Gerald J#. Darcy, born May IS, 1952 and currently residing in
Elizabethtown,KY 42701. j:: t1f1Rt-H.:l~ J'l'lf?'
DEBTS, TAXES AND ADMINISTRATION EXPENSES
I have provided for the payment of all my debts, expenses of administration of property wherever
situated passing under this Will or otherwise, and estate, inheritance, transfer, and succession taxes, other
than any tax on a generation-skipping transfer that is not a liability of my Estate (including interest and
penalties, if any) that become due by reason of my death, under THE JOHN C. DARCY AND HELEN F.
DARCY REVOCABLE LNING TRUST executed on even date herewith (the "Revocable Trust"), or if
my spouse predeceases me, under the Survivor's Trust created by the said Revocable Trust. If the
Revocable Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items
from the residue of my Estate passing under this Will, without any apportionment or reimbursement. In
the alternative, my Executor may demand in a writing addressed to the Trustee of the Trust an amount
necessary to pay all or part of these items, plus claims, pecuniary legacies, and family allowances by court
order.
PERSONAL AND HOUSEHOLD EFFECTS
It is my intent that all my personal and household effects were transferred to the Revocable Trust
as a result of the Declaration of Intent signed this date. If there are any questions regarding the ownership
or disposition ofthese assets, it is my desire that such assets pour into the Revocable Trust, signed by me
this date in accordance with the provisions ofthe section titled "Residue of Estate."
RESIDUE OF ESTATE
I give, devise and bequeath all the rest, residue and remainder of my property of every kind and
description (including lapsed legacies and devices), wherever situated and whether acquired before or
after the execution of this Will, to the Trustee under that certain Trust executed by me on the same date of
the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the
POUR-OVER WILLS
Page I
~~JV
Testatrix
corpus of the above described Trust and shall hold, administer and distribute said property in accordance
with the provisions of the said Trust, including any amendments thereto made before my death,
If for any reason the said Trust shan not be in existence at the time of death, or if for any reason a
court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under
said Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the
residue and remainder thereof to that person who would have been the Trustee under th Trust, as
Trustee, and to their substitutes and successors under the Trust, described herein ab ve, 0 be held,
managed, invested, reinvested and distributed by the Trustee upon the terms and conditi n ertain'ng to
the period begmning with the date of my death as are constituted in the Trust as at r t co tituted
gIving effect to amendments, if any, hereafter made and for that P~I do h \b 'co orate s
Trust by reference into thIs my WIll,
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EXECUTOR ~"""ii,"'" ,~~?:,eW ~~';....e;(l/>
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l hereby nominate and appoint John C. Darcy as my Independent ec'lf":("~" ill
and Testament, to serve without bond. c:~~oCo<"""
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In the event the first named Executor shan predecease me or is unable'lrr unwilling to act as my
Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint Joseph M.
Darcy to serve without bond as my Independent Executor.
In the event the second named Executor shall predecease me or is unable or unwilling to act as
my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint Gerald
MrDarcy to serve without bond as my Independent Executor.
/"
Whenever the word "Executor" or any modifying or substituted pronoun therefore is used in this
my Will, such words and respective pronouns shall be held and taken to include both the singular and the
plural, the masculine, feminine and neuter gender thereof, and shan apply equally to the Executor named
herein and to any successor to substitute Executor acting hereunder, and such successor or substitute
Executor shall possess all the rights, powers, duties, authority, and responsibility conferred upon the
Executor originally named herein.
EXECUTOR POWERS
By way of D1ustration and not of limitation and in addition to any inherent, implied or statutory
powers granted to executors generally, my Executor is specifically authorized and empowered with
respect to any property, real or personal, at any time held under any provision of this my Will: to allot,
allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract
with respect to, continue any business of mine, convert, deal with, dispose of, enter into, exchange, hold,
improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options
with respect to, take possession of, pledge, receive, release, repair, sell, sue for, make distributions in cash
or in kind of partly in each without regard to the income tax basis of such asset and in general, exercise all
of the powers in the management of my Estate which any individual could exercise in the management of
similar property owned in its own right upon such terms and conditions as to my Executor may seem best,
and execute and deliver any and all instruments and do all acts which my Executor may deem proper or
necessary to carry out the purpose of this my Will, without being limited in any way by the specific grants
or power made, and without the necessity of a court order.
My Executor shall have absolute discretion, but shall not be required, to make adjustments in the
rights of any Beneficiaries, or among the principal and income accounts to compensate for the
POUR-OVER WILLS
Page 2
~u
Testatrix
consequences of any tax decision or election, or of any investment or administrative decision, that my
executor believes has had the effect, directly or indirectly, of preferring one Beneficiary or group of
Beneficiaries over others. In determining the Federal Estate and Income Tax liabilities of my Estate, my
Executor shall have discretion to select the valuation date and to determine whether any or all of the
allowable administration expenses in my Estate shall be used as Federal Estate Tax deductions or as
Federal Income Tax deductions and shall have the discretion to file a joint income tax return with my
spouse.
SPECIFIC OMISSIONS
I have intentionally omitted any and all persons and entities from this, my Last Will and
Testament, except those persons and entities specifically named herein. If any person or entity shall
challenge any term or condition of this Will, or of the Living Trust to which I have made reference in the
sections "Household and Personal Effects" and "Residue of Estate," then, to that person or entity, I give
and bequeath the sum of only one dollar ($1.00) only in lieu and in place of any other benefit, grant,
bequest or interest which that person or interest may have in my Estate or the Living Trust and its Estate.
SIMULTANEOUS DEATH
If my spouse and I should die under circumstances such that the order of our deaths cannot be
determined, then it shall be conclusively presumed for the purpose of this Will that my spouse survived
me.
If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively
presumed for the purpose of this my Will that said Beneficiary predeceased me.
HEiiJ.~ ~ 0 ~
HE N F. DARCY
Testatrix
POUR-OVER WILLS
Page 3
This instrument consists of 5 typewritten pages, including the Attestation Clause, Self-Proving
Clause, signature of Witnesses, and acknowledgment of officer. I have signed my name at the bottom of
each of th~ pages. This instrument is being signed by me on this '2 l---.:iay of
, -W"2---
ATTESTATION CLAUSE
The Testatrix whose name appears above declared to us, the undersigned, that the foregoing
instrument was his Last Will and Testament, and she requested us to act as witnesses to such instrument
and to her signature thereon. The Testatrix thereupon signed such instrument in our presence. At the
Testatrixr's request, the undersigned then subscribed our names to the instrument in our own handwriting
in the presence of the Testatrix. The undersigned hereby declare, in the presence of each of us, that we
believe the Testatrix to be of sound and disposing mind and memory.
Signed by us on the same day and year as this Last Will and Testament was signed by the
Testatrix.
WITNESSES:
ADDRESSES:
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P'~~
c~cf"c,;>-
4/ ft-e/E #/7'4i' SH /.?/C::/C
(Printed Name of Witness)
vbL,r!? /7/E
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City, State, ~ip
p~ /;;>on
:/tf/2 j- /' ~ I/:.n - ,,': I
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(Printed Name fWltness)
2t!t:7. ') V.4-',q ,/-l-v~
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C47'1~ !tt< ~, 17CJ 1/
City, State, Zip
POUR-OVER WILLS
Page 4
~
Testatrix
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SELF-PROVING CLAUSE
BEFORE ~' the up!l.ersigned a~ t~ day personally appeared HELEN F. DARCY,
1/I.tM (~ /- A ^-k"''i/1 {1L.md 1l^-:f'Vl 'Ie , known to me to be the
Testatrix and the witnesses, respectively, whose names are subscribed to the foregoing instrument in their
respective capacities, and all of them being by me duly sworn, HELEN F. DARCY, Testatrix, declared to
me and to the witnesses, in my presence, that the instrument is her Will and that she had willingly made
and executed it as her free act and deed for the purposes therein expressed; and the Witnesses, each on his
or her oath, stated to me in the presence and hearing of the Testator, that the Testator had declared to them
that the instrument is her Will and that she executed the same as such and wanted each ofthem to sign it
as a witness; and upon their oaths, each witness stated further that she did the same as a witness in the
presence of the Testatrix, and at her request and that she was at that time eighteen (18) years of age or
over and was of sound mind, and that each of the witnesses was then at least fourteen (14) years of age.
~.~ ';f- rJr9
HEL NF.DARCY
Testatrix
~~~. #'~hr'/
Wi ess
# #/1'/ ',F /-/4#-5;# /l /C'k
(printed Name of Witness)
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Wi ss
.yOf-;cf/ F ~/("~PtC!1:'
(Printed Na e of WItness)
SUBSCRIBED AND ACKNOWLEDGED b~e by HE~N F. P1\R,9Y, Testatrix, and
SU'~d s:p\rn tOI before me by t (.z AA.....l /VIi; c::... and
Atv...l MilL , witnesses, this the 'l- J--- day of
~~ ,~2- ct ~
~0J#
Notary Public, Commonwealth of Pennsylvania
Notarial Seal
. William. M. Hankins, Notary Public
City of Philadelphia. Philadelphia County
My Commission Expires Apr. 30. 2006
Member, F'ennsytvanliAssoda1ionOf NOIarieS
POUR-OVER WILLS
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