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HomeMy WebLinkAbout08-23-05 IN RE: ESTATE OF LLOYD M. NYE, JR., DECEASED : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA : No. 21-2005-00654 : ORPHANS' COURT DIVISION OBJECTION TO PROBATE Comes now, the Objectors, Tim Nye, Linda Nye, Bryan Nye, Mike Nye, and Jackie Nye, by and through their counsel, Sally J. Winder, Esquire and do object to the appointment ofDian L. Lander as Administrator of the Estate of Lloyd M. Nye, Jr., for the following reasons: 1. Dian L. Lander filed a Petition for Grant of Letters of Administration with the Register of Wills, July 21,2005. 2. A Citation was issued August 2, 2005, and Notice of the said Petition for Letters was sent to the heirs of the decedent. 3. The Objectors allege that the Petitioner Dian L. Lander is not entitled to appointment as Administrator because she is not entitled or qualified to be Administrator as set forth under Section 3155 of the Decedents, Estates, and Fiduciaries Code of the Commonwealth of Pennsylvania 4. Specifically, Dian L. Lander is not entitled to any residuary estate under the will .--..'l as the decedent died intestate July 12,2005. :=; (") en 5. Dian L. Lander is not a surviving spouse as she and the decedent were n~~ 5~ married. iT] ~; ~:., '2 ;- ") i ':~; : 'j ~ ; :-J ,') j ;C"l " 'T1 r5 iTl , ,~, (.-) '-',/'", -0 6. The Objectors, along with their incompetent brother, Benjamin Nye, are 'thOse entitled to the residuary estate of the decedent in equal shares as the issue of the, ~cedentf." -;;~ 7. The Objectors agree, and therefore allege, that the proper person to be appointed C1' as Administrator of the Decedent's Estate is Tim Nye. 8. Dian L. Lander is not a principal creditor of the Decedent. 9. Dian L. Lander is not a fit person to be appointed as Administrator of the Estate of the Decedent. ; ~ WHEREFORE, the Objectors request the Register of Wills or the Court deny the request of Dian L. Lander to be appointed Administrator of the Estate of Lloyd M. Nye, Jr. and in her stead appoint Tim Nye as Administrator of the Estate of Lloyd M. Nye, Jr., deceased. Respectfully submitted, . . '. I verify that I am one of the Objectors in this matter and that the facts and statements contained herein are true and correct to the best of my knowledge I understand that any false statements are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. August 23,2005