HomeMy WebLinkAbout08-19-05
INRE:
THE ESTATE OF KATHRYN F. SURFIELD
DECEASED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS COURT DIVISION
NO. 21-05-0338
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF KATHRYN F. SURFIELD, DECEASED
PETITION TO OPEN PROBATE RECORD AND ADMIT NEWLY DISCOVERED WILL
It is hereby requested that a Citation be issued to the sole heir of Kathryn F. Surfield (Robert L.
Surfield, Sr.) to show cause why letters of administration should not be revoked in the Estate of Kathryn
F. Surfield, deceased, and to open a new probate record and admit the newly discovered Will:
1. Decedent, Kathryn F. Surfield, died on February 21, 2005, a resident of 544 Mohawk Road,
Newville, Pennsylvania.
2. On April 12, 2005, Letters of Administration were granted to Robert L. Surfield, Sr. to file No. 21-
05-0338.
3. On or about August 12,2005, a Last Will and Testament for Kathryn F. Surfield was discovered
by Robert L. Surfield, Sr.
4. Robert L. Surfield, Sr., is the sole heir and was appointed as administrator of the Kathryn F.
Surfield estate and Robert L. Surfield, Sr. is appointed Executor of the newly discovered Will.
WHEREFORE, it is hereby requested that Your Honorable Register of Wills issue a Citation to
the sole heir of the Estate of Kathryn F. Surfield (Robert L. Surfield, Sr.) to show cause why letters of
administration should not be revoked and a new probate record opened to admit a newly discovered Will
and to appoint Robert L. Surfield, Sr. as Executor in the Estate of Kathryn F. Surfield according to
paragraph Fourth of said Last Will and Testament.
Respectfully submitted,
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Dated: August-J. 6P2oe5
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: BEFORE THE REGISTER OF WILLS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
ESTATE OF KATHRYN F. SURFIELD
DECEASED
: NO 21-05-0338
DECREE OF THE REGISTER OF WILLS
AND NOW, this 18th day of August, 2005, Letters of Administration in the Estate of the above-
named decedent having been granted on April 12,2005, to Robert L. Surfield, Sr., the administration
of which Estate is nearing completion, and the instrument titled Last Will and Testament of Kathryn
F. Surfield, dated July 30, 1997, having been recently discovered, in consideration of said Petition to Open
Probate Record and Admit Newly Discovered Will, satisfactory proof having been presented before me, IT
IS DECREED that the instrument dated July 30, 1997, described therein be admitted to probate and
filcd oL'record as the Last Will of Kathryn F. Surfield, but that the said Administrator shall be permitted
to conclude administration of decedent's Estate without amendment ofthe Letters of Administration which
were granted April 12,2005.
Marcus A. McKnight, III, Esquire
Robeti L. Surfield, Sf.
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LAST WILL AND TESTAMENT
OF
KATHRYN F. SURFIELD
I, KATHRYN F. SURFIELD, of Upper Frankford Township, Cumberland County,
Pennsylvania, being of sound and disposinq 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 former wills, codicils or writings in the nature thereof by me
at anytime heretofore made.
FIRST:
I hereby order and direct my executor, hereinafter named, to pay all
my just debts, funeral expenses, testamentary expenses and all inheritance, estate,
transfer and succession taxes, as soon as may be conveniently done after my death, out
of my residuary estate.
SECOND: I devise and bequeath the remainder of my estate to my husband,
ROBERT L. SURfIELD, ~R., providing he survives me.
THIRD:
In the event my husband, ROBERT L. SURFIELD, SR., fails to
survive me, I devise and bequeath the remainder of my estate of every nature and w~~Je
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ever situate to my friends, JAMES E. ARMOLD and SHIRLEY J. ARMOLD,of 650 ;:::
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Mohawk Road, Newville, Pennsylvania, as tenants by the entireties; and to the survivor
thereof if either are then deceased; upon condition that they perform and comply with the
following:
A. Furnish living quarters in my residence at my death, free of
charge, to my nephew, Paul E. Neidigh, for the term of his life.
B. Maintain and care for my dogs until their natural death.
FOURTH: I nominate and appoint my husband, ROBERT L. SURFIELD, SR.,
as Executor of this my Last Will and Testament; and as substitute Executors I nominate
and appoint JAMES E. ARMOLD and SHIRLEY J. ARMOLD. I further direct that my
personal representative shall not be required to file bond or security in any jurisdiction.
IN WITNESS WHEREOF, I hereunto set my hand and seal this ..is 0 ~j!....
day of July, 1997.
SIGNED, SEALED, PUBLISHED and
DECLARED in the presence of:
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COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
I, KATHRYN F. SURFIELD, 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.
Sworn or affirmed to and acknowledged before me, by Kathryn F. Surfield, the
Testatrix, this ~ ~() t:J\ day of July, 1997.
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, TERESA J. BURKHOlDER. Notary Public
I Carlll;le, Cumb9lland County, PA
. ~ Co,,:,"!~~ .!!i:..lrea Feb 21, 2000
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COMMONWEALTH OF PENNSYLVANIA
55
COUNTY OF CUMBERLAND
We, James D. Flower, Jr. and Merlene Marhevka ,
the witnesses whose names are signed to the attached or foregoing instrument, being
duly qualified according to law, do depose and say that we were present and saw
Testatrix sign and execute the instrument as her Last Will; that Kathryn F. Surfield,
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 knowiedge the Testatrix. was at thdt time 18 or
more years of age, of sound mind and under no constraint or undue influence.
Sworn or affirmed to and subscribed to before me by James D. Flower, Jr.
and Merlene Marhevka this '-.301::::-1\ day of July, ;997.
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TeRl!8A J. BURKHOLDeR, NotaIy PIIb/IC
C.rllol., Cumberland Counly, PA
I My C<;.l'IlmlsSiOn EllpIres Feb. 21, 2000
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