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HomeMy WebLinkAbout07-26-05 Estate of also known as Irene F. Magaro PETITION FOR PROBATE and GRANT OF LETTERS JlI - 0 '5 - <5\..> 5Cj No. _ To: Register of Wills for the , Deceased. County of Cumberland in the Social Security No. Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(5l):, who is/xoe 18 years of age or older an the execut or in the last will of the above decedent, dated February 1 9 and codicil(s) dated May 21, 1999 named , 19~ (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in Cumberland County, Pennsylvania, with h er last family or principal residence at 770 Poplar Church Road, Camp Hill. East pennsboro Township (list street, number and muncipality) Decendent, then 91 years of age, died Jul y 1 9 , ~ 2005, at Holy Spirit Hospital. East Pennsboro Twp., Cumberland Co.. ?~ 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: none 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: $ 290,000.00 $ $ $ WHEREFORE, petitioner(M respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters testamentary theron. JL ~ " u " " ]3 " ~ 0<:1j "",0 t::';: (tl..;J ~" .ell. ,,~ BO '" " OIl U5 (testamentary; administration c.I.a.; administration d.b.n.c.La.) C_) ) :",") ~.:::::t I:::J c.r1 ~ c. (-.--: ['~".~ 'i r.....1 C'" ;; _.,J I '-::I C:) U) OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA l s~ COUNTY OF CUMBERLAND j :s The petitioner(x) above-named swear(s) or affirm(s) that th true and correct to the best of the knowledge and belief of e tative(~ of the above decedent petitioner(s) will well a ru subscribed { day of .1JJ_ -.J egister 'J .J r ~ ;. i -'-I(~ ( -'-~ ~_'.C] ; j:'~) ~. ~ ~i~! _'j l.._",J ~.__/ -r1 ,;-:-:';; rrl No. c2J -os-ot 0 5 q Estate of &Li...(\.-Q t f'(\()~l r. () , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW C)Ou <;;- 119_, in consideration of the petition on the reverse side hereof, satis actory proof having been presented before me, IT IS DECREED that the instrument(s) dated u-"--~,- ,). -- IC{c\ In C\ A" (', \ 5 --021 -- q q described therein be admitted to probate and filed of record as the last will of [, and ~~t~e;s ,,- ~~ ~ ~-:'~~ y~ r ) are hereby granted to ,( V\C'- H \ L \ \o-<-~ (' , \ FEES Ie;- ,1/0 ,-='-'L' 3 P b L E $ 10,01::) ro ate, etters, tc......,... Short Certificates( ).......... $ \ d- OD Rea\tRciatiDa-. \J-:., .'lo.~. . . ~. . . . .. $ \ S; ,cJU ~-t' ..""",~)..--'\ l .:i'-- .\;'. 'U- ~ S'. (..~0 ) (P $ Il), '-''-' TOTAL _ $ '31o 7.1,0 Filed . -:.7. :~ ~. .--' ~~ ~.~. . . . . . . . . . . . . . . . . \l,t,I\(\l}. ~(\Ali\ ~\\ S:b(;v,~,.{rqL, " Register of Will~) "'6 ~"- \ ,,JQ.'fk~ Richard L. Placey 07232 ATTORNEY (Sup. Ct. I.D. No.) 3631 North Front street Harrisburq, PA 1711Q 15JJ ADDRESS (717)236-9577 PHONE LAST WILL AND TESTAMENT o c- 0 OF IRENE F. MAGARO '" ''j I, IRENE F. MAGARO, now of Harrisburg, Dauphin County, Peni1syi~ania, do \.i:< hereby declare this to be my Last Will and Testament and hereby revoke all prior Wills and Codicils made by me. ITEM I. I direct that all of my just debts and funeral expenses, including the cost of my gravemarker, if any, shall be paid from my residuary estate as soon as practical after my decease as a part ofthe administrative expenses of my estate. ITEM II. I give my personal effects, furniture and fixtures to my sister, PAULINE A. MAGARO, if she survives me. ITEM III. I give to ST. FRANCIS ROMAN CATHOLIC CHURCH, Harrisburg, Pennsylvania, the sum of Five Hundred ($500.00) Dollars. ITEM IV. I give to ST. MARGARET MARY ROMAN CATHOLIC CHURCH, Harrisburg, Pennsylvania, the sum of Five Hundred ($500.00) Dollars. ITEM V. I give and devise all of the rest, residue and remainder of my estate of every nature and wherever situate as follows: ~0<JF'1na~ Irene F. Magaro '-~ I (. - w".~ , . A. One-half (Yz) thereof! give to my sister, PAULINE A. MAGARO. B. The remaining one-half (Yz) thereof, or all thereof if my sister, PAULINE M. MAGARO, does not survive me, I give in equal shares to my niece, BERNADETTE HARRIS, and my nephew, LOUIS MAGARO, or their issue, per stirpes. ITEM VI. If any income or principal shall be payable to any person who shall be a minor or who shall be incapacitated for any reason, my personal representative, as trustee, shall hold such income and principal during minority or incapacity and shall be entitled to apply such income and principal to the health, maintenance, support and education of such person during minority or incapacity, without the appointment of any guardian or committee or any authority of court, and shall be entitled to make direct application hereunder or to make application by payment thereof to the parent or other person in charge of such minor or incapacitated person, or to his or her guardian or to a custodian under the Uniform Transfers to Minors Act. Any remaining income and principal to which such person shall be entitled shall be paid and distributed to such person upon the termination of minority or incapacity. ITEM VII. I appoint DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Harrisburg, Pennsylvania, Executor ofthis my Last Will and Testament. No bond shall be required by my personal representative in any jurisdiction. ITEM VIII. In addition to the powers given by law to my personal representa- tive( s) and trustee( s) [hereinafter fiduciaries] in the administration of my estate and of any trust(s) created herein, they shall have the following discretionary powers applicable to all real and personal property held by them, including property held for minors, effective without court ~.~r/l-O Irene F. Magaro 2 ,- '. order until actual distribution. A. To retain any property owned by me at my death and to invest any funds held by them in any stocks, bonds, notes or other securities or property, real or personal, including common trust funds, mutual funds and money market deposit accounts operated or offered by my corporate trustee, if any, or any affiliate of it. B. To sell or otherwise dispose of any property, real or personal, at any time forming a part of my estate or the trust estate, for cash or upon credit, in such manner and on such terms as they see fit, and no one dealing with the fiduciaries shall be bound to see to the application of any monies paid. C. To manage, operate, repair, improve, mortgage or lease for any term [even if beyond the duration of the trust(s)] any real estate at any time held or owned by them as fiduciaries. D. To hold investments in the name of a nominee and exercise and dispose of warrants. E. To engage in litigation and compromise, arbitrate or abandon claims and property. F. To conduct any business in which I am engaged or in which I have an interest at the time of my death for such period as the fiduciaries deem advisable, with the power to borrow money and to pledge the assets of the business and to do all other acts which I, in my lifetime, could have done, or to delegate such powers to a partner, manager or employee without liability for any loss occurring therein. ..1/l~.z.~ Irene F. Magaro 3 '. .- . . . . G. To allocate items of receipt or disbursement between principal and income as the fiduciaries deem equitable regardless of the character given such items by law; to distribute in cash or kind or partly in each at valuations fixed by the fiduciaries. H. To borrow money, including the right to borrow from any corporate trustee, if any, and to mortgage or pledge as security or to hold its own stock if a corporate trustee. L To join in any merger, reorganization, voting trust plan or other concerted action of security holders, and to delegate discretionary duties with respect thereto. ]. Should the principal of any trust herein provided for be or become too small in trustee's opinion so as to make establishment or continuance of the trust inadvisable, my trustee(s) may make immediate distribution of the then remaining principal and any accumulated or undistributed income outright to the person or persons and in the proportion they are then entitled to income. Upon such termination, the rights of all beneficiary(ies) who might otherwise have an interest as succeeding income beneficiary(ies) or in remainder shall cease. K. In general, to exercise all powers in the management of the assets of my estate or the trust estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as the fiduciaries may deem best, and to execute and deliver all instruments and to do all acts which the fiduciaries may deem necessary or proper to carry out the purposes of this will or any trust(s) created herein. L. To apply income or principal to which any beneficiary is entitled, directly for his or her comfort, maintenance and support, should the fiduciaries deem such beneficiary incapable of receiving the same by reason of age, illness, infirmity or incapacity, or to pay the ~A'&' Fm~ Irene F. Magaro 4 . ... - same to such person or persons as the fiduciaries select to disburse it, whose receipt shall be a complete acquittance therefore without the intervention of any guardian. M. To assume continuance of the status of any beneficiary with reference to death, marriage, divorce, illness, incapacity or other change in the absence of information deemed reliable without liability for disbursements made on such assumptions. N. All principal and income shall, until actual distribution to any beneficiary, be free of the debts, contracts, alienations and anticipations of any beneficiary, and the same may not be liable for any levy, attachment, execution or sequestration while in the hands of any fiduciaries. Provided, however, any beneficiary may assign any part or all of the beneficiary's interest in my estate or the trust(s) to anyone or more of the beneficiaries or my descendants. / IN WITNESS WHEREOF, I have hereunto set my hand and seal this li ra7 ,1996. (~Lf 4A f7 :E:!2;t-aqz:UZ-O-- lren' F. Magaro .'~ (j The preceding instrument, consisting of this and four other pages, identified by the signature of the testatrix, was on the day and date thereof signed, published and declared by Irene F. Magaro, the testatrix therein named, as and for her last Will, in the presence of us, who, at her request, in her presence(,. d inpre':k~. f ,aoh oth"" ,oh",rihed noIT naIDo, '" wiln'''. 0, h'''. to. ~~ e c' .2 OcJ AI :s /' J Jf.f0k"'/'#F ( ') /'0 I j.t-t(g'~ 7 :Jf/'-<- 4<1 !'c, 24 Z~~ ~/ )u..//;!L I) 1// 5 .. , ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF DAUPHIN I, IRENE F. MAGARO, testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my last Will, that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. &AA# >F:c:mr7rYl Irene F. Magaro this /qf1, Sworn or a firmed to and acknowledged before me, by Irene F. Magaro, testatrix, day of ruq ,1996. ~ ANOd~, My Commission NO r J<i{IAL SEAL HOLl.Y S. K!Rf( Notary Public Hamsh1.,,'. . 'li: )[lin County My Comln!' ".'ii 'XOI(6<' ;:eb. 15,1999 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: : SS. ......-.- COUNTY OF DAUPHIN We, !6'cJ1o..rd L Pia () (lcJ (;/1 r' -f en~' ,the witnesses whose names are signed to the attached or foregoing instrument, being duly quali led according to law, do depose and say that we were present and saw testatrix sign and execute the instrument as her last Will; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight fthe testatrix signed the Will as witnesses; and that to the best of our knowledge the test . asa t time 18 or more years of age, of sound mind and under no constraint or / ,--- /' r 1996. 50, ~ ?- :/{ -p<p_~~ Sworn to and subscribed before me this J q1rl dy of 'f b ruC/ ^f ~..1} ;/~ Notary Public My Commission . NOT /l1i/Al SEAL HOLlY S. KIRK Notary Public Ha(ri~h~'rr.. Dawhin County My Corllml"""'" ~xp\le3 Feb. 15,1999 -,_,- I FIRST CODICIL TO THE LAST WILL AND TESTAMENT OF IRENE F. MAGARO r--.> I, IRENE F. MAGARO, now of Harrisburg, Dauphin County, pepn~J;lvania~~ao ,'. J" hereby make, publish and declare this to be the First Codicil to my Last Will and, 1:~tanlent ,( -, ... -I ''-' Ut Gl dated February 19, 1996. :;--'"J I .-. .~ ITEM 1. Item VI of my said Last Will and Testament is deleted inif,s entir~&, I and, in lieu thereof, the following is inserted: (::1 ,,0 "ITEM VI. I appoint RICHARD L. PLACEY, Executor of this my Last Will and Testament. Should he fail to qualify or cease to act in such capacity, I then appoint FINANCIAL TRUST SERVICES COMPANY, Harrisburg, Pennsylvania, Contingent Executor of this my Last Will and Testament. No bond shall be required by my personal representative in any jurisdiction." ITEM II. In all other respects, I hereby confirm and republish my Last Will and Testament dated February 19, 1996. IN WITNESS WHEREOF, I hereby set my hand to this First Codicil to my Last Will and Testament dated February 19, 1996 on this ~ I ~ of M A" /' , '/ 1999, at Harrisburg, Pennsylvania. ~!fIJu,1~ Irene F. Magaro ... '"-:J ~ ; I ,-) (.~) .,;~) '''00'') In c.) -',:: (:~~~ :'1'J - CJ rTl .-, ::-11 The preceding instrument, consisting of this typewritten page and an acknowledgment page, identified by the signature of the testatrix, was on the day and date thereof signed, published and declared by Irene F. Magaro, the testatrix therein named, as and for her First Codicil to her Last Will and Testament, in the presence of us, who, at her request, in her presence and in the presence of each other, subscribed our names as witnesses hereto. t.CN7.~ J;~rA /7//3 1'd;1rL~A'()ODJ. '~trn'JdJD;;r;.,.'M fl. 17057 '~~ Ad~r- ~41 i);P'/,4~ ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF DAUPHIN I, IRENE F. MAGARO, testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my First Codicil to my Last Will and Testament, that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. ~ ~m t?~- f '4~ Irene F. Magaro . " I j).S.wom or affi~ ~ and, acknowledged before me, by Irene F. Magaro, testatrix, thls~l~ayof ~y ,1999. ,. , .~yj~d Nota y Pubhc NOTARIAL SEAL My Commission Ex ireS'JOLLY S. KIRK, Notar~' Pu~lic Harrisburg, Dauphin County AFFIDAVIT My Commission Expires Fea 15, 2003 COMMONWEAL TH OF PENNSYLVANIA: : S5. COUNTY OF DAUPHIN , We, Ilt 0/1 rno C1 I\{t 'vV , the witnesses whose names are si ed to the attached or foregoing in ent, ing uly qualified according to law, do depose and say that we were present and saw testatrix sign and execute the instrument as her First Codicil to his Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the testatrix signed the Will as witnesses; and that to the best of our knowledge the testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. 1999. M4'j PU~RY S. KIRK. Notary Public Harrisburg, Dauphin Counly My Commission Exp Mls~ommisslon Expires Feb 15,2003 H \O'il<<)" RFV I !n., This is to certify 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. WARN1NG: It is illegal to duplicate this copy by photostat or photograph~:;; , ""I 1. 7 7"1: r:; f' r " L. ''''. ',., ,,.I ',} No. Fee tor this ccrliticate. $6.00 ,,' ~J 7 JO <f) ~ Date ,-:> C~~ ...~;:~ ....:..), --~.J 1-;-' () (J , :.D . \ ) ;~:i-' .'.., ~~.J r~,.) LY'\ o<.aSq ,2,.()S ~ H1Q51.(3!tev. lI81 COMMONWEALTH OF PENNSYLVANIA' OEPARTMENT OF HEALTH . VITA~ RECORDS CERTIFICATE OF DEATH STATE I'II.ENUIoIBER , ';'7';; j"\ --,.. - C-) tIt .j'> I~~~ TVPEl'PRIMT .N PERMANENT BlACK INK NAME OF DECEDENl (FiI'st, Middle. Lull 1. IRENE F. MAGARO AGE (tasl BirtMay I l'+OSPIT..... -0 91 v,.. .. COUNTY OF DEATH SEX SOCIAL seCURITY NUMBER 2 Female 3. 195,- 07 - A'TH '.511 irll ERIOu~"'~ ~IO RAce. AmeticaIllno;liMl, B~. While. c ISpecity) 15Wnite SURVIVING spouse \~"''''.~~.'''''''''_l 11c. gl,YeS.d~lllvedjn 17d.D; ~~e:r=ol MO"fHER'S NAME (Firsl. MiOdle. M.idert Surname) ,.. lNFOR:~S MAILING ADDRESS (Street, CityfTowro, Slate.1Jp Code) 1~3631 N. Front St., Harrisbur PA 17 0 PLACE OF OlSf'QSITION- NatMI 01 Ce,neterY, CremillOfY LOCATION. Cityrrown. S~r.t. lip Cod. QlOlherPtac. ' , '-'p atyi'boro ~ " !g ~ , PAI7l04 .. ,.. , ;~te . k1tl1l'\1~ belWMn :~lInClde.th : \! Af..._ 4L d..e.~'s /, S~ ,<;; l' _Iy"'_. [b: 'My. IeadinilD ilMwd\a'" . ceUM. ErQr UNDER&. YlNG CAUSE {0IsNH Of injury c. 1tIat1nllilllM1....rns ~ondHth)l.AST d. WAS AN AUTOPSY WERE AUTOPSY FINDINGS PERFORMED? AVAIlABLE PRIOR TO COMP\...ETLON OF CAUSE OF DEATH? C$ OVE v.. 0 w.NNER Of 0E/Ill1 119- o o DATE OF INJURY (.........O.y.'hatl TIME OF INJURY INJURY' AT WORK? DESCRIBE t-\OW ltUUR't' OCCIJRREO. Yfl 0 No NoD ...... -- Syidd. -. PlltldlnglnvtlltigaUorl Could not be del..-mined o o 30.. 3Gb."'. o PLACE OF INJURY..oId hQfM, f.nn. strHl. fac::1Oly.:oflIc. bulldtng,..{S~1 30.. ~ w Q w U w Q ~ ! 2'& lab. CERTIFIER (Chedt only one) 1~~of~~~Jt7.~~"m=~&.~':~:)~rf'~.h:~.~~~.~~~~~.~.~~.I.... ,.. .PRQMOUHCIHG AND ~ERnfY1NQ PHYSlCIAH (PhyUan boIh pronouncing dlettl and COIfifyirIg to cause Of c.alh) To the aa... of my knowlHga, dMth occ:urrM at.... "me. d_. WMS p1aCltl. and au. \0 the ~u...(.) arid nur.rmer.. .tatecl........ ~1d0tdt d- ...