HomeMy WebLinkAbout09-16-05
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of Winifred E. Smith No. ~ 1- 05, OR"3..:l
also known as To:
II
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Decedent was dam
h er last famil
217 -20-3205 Commonwealth of Pennsylvania
undersigned respectfully represents that:
who is/are 18 years of age or older and the execut ors named
above decedent, dated May 6. 2002
ied on July 1, 2005
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
iciled at death in Shiopensburg Township Cumberland County, Pennsylvania, with I
y or principal residence at 127'55 f3l:m Mar ~udd. \N:wne~borQ. Fr:aAI<lift Count'-,. PA I
s
(list street, number and municipality) '-
years of age, died 9/13/2005 ,
ealth Care
decedent did not marry, was not divorced and did not have a child born or adopted
will offered for probate; was not the victim of a killing and was never adjudicated
ed property with estimated values as follows:
All personal property $ 180.000.00
a.) Personal property in Pennsylvania $
a.) Personal property in County $
. Deceased
Register of Wills for the
County of Cumberland
in the
Social Security No.
The petition of the
Your petitioner( s),
in the last will ofthe
and codicil(s) dated
Thomas M. Smith d
Decedent, then 79
at Shiooensburg H
Except as follows,
after execution ofthe
incompetent:
Decedent at death own
(If domiciled in Pa.)
(If not domiciled in P
(If not domiciled in P
Value of real estate in Pennsylvama
situated as follows:
:2. I w c-.I ^ "'" f
:!'ol-i",,~ t<.J.
L..'f{'~.-d, \"<"" "J/
......~6,r(.:..-.d C'""
(JA.
$
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters testamentary
thereon. (testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
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6513 Toogoodoo Road
MeQgett
12755 Pen Mar Road
Wavnesboro
SC 29449
PA 17268
RECORDED OFFICE OF
REGISTER OF WILLS
2005 SEP 16 I
CLERK OF ORPHANS COVI1 T
CUMBERLAND CO. PAl
OATH OF PERSONAL REPRESENTATIVE
COMMONWEAL TH OF PENNSYL VANIA } ss
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 ofpetitioner(s) and that as personal represen-
tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law.
Sworn to or ~ffinne~~ubs cr, ibed { !f~Jfs~~~
beti e mt) thIS l \j day of
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No. (').\ -0'5-- O~3.J.
Estate of Winifred E. Smith
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW \.Ju pl- ILP C) OC)S , 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 5 .. lo . o;~
describe~ tht;rein be admitted ~proba~and filed of record as the last will of
\,~^.~c ~
:: h~::; _ted to .. ~ ,:.:;' .;. . '; '><:I=-: (MV\ :Y;y-.,n f\ ~ i\: i-.
t~
:f-c~:t~.
FEES
Probate, Letters, Etc.. . . . . . . . $..;2((/J. dO
Short Certificates ( }...... $ ,6. (..';'D
~~ $ t5.(.)\.)
~<.~~~ 1 5 <:0
.)cP$ ID. .."0
TOTAL _ $
William S. Dick
24566
ATTORNEY (Sup. Ct LD. No.)
13 West Main Street, Suite 210
Wavnesboro PA 17268
ADDRESS
(717) 762-1160
Filed. . . . . . . .
PHONE
H10S.112 REV. 1/0S
(FEE FOR THIS
CERTIFICA TE S6 00)
WARNING: IT IS ILLEGAL TO ALTER THIS COpy OR
TO DUPLICATE BY PHOTOSTAT OR PHOTOGRAPH.
COMMONWEALTH OF PENNSYLVANIA
OEPARTMENT OF HEALTH VITAL RECORDS
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
CERT. NO. T 5950404
~. It{- 'UiOs'
Date of Issue of This ce"~IC ,lion
Name of Decedent ~'f-
Sex ~ociar Security No. 01'.1
Date of Birth ~ ./~3 11 '-.6 Birthplace
Place of De-'Jh~-4A. - ~..".-n~
Race ~~:upatiO;ecedent'o/..11 ~Armed Fore '''c ~.."" oc '~"'"'
Marital Statu~ Mailing Acldl'g~s~~~
~~%;:~td~ct~~ ~.tL F~~:;al Director "coo
Funeral E~t:~ - ~ 7.;trO) 7.::~')
Part I: Immediate Cause
(a) .tM.J- ~~ ~~
(b) ClJ f .D
(c)~~~'~ .
Oth~!S~S ~~
4-
Qf~
Middl"
Part 1\:
Manner of Death
Natural ~
Accident
Describe how inj
RECORDED OFFIC
REGISTER OF WIL
2005 SEP 16
CLERK OF ORP
CUMBERLAND C
S COURT
.PA
Suicide
Homicide
Pending Investigation
Could not be Determined
l'
r-~
U
(M.D., D.O., Coroner, M.E.)
This is to certify that the information here given is correctly copied from an original certi icate
of death duly filed with me as Local Registrar. The original certificate will be forwarded 0 the
State Vital Records Office for permanent filing. '
. /tpj 2,Q.Os'"
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W:\XW\DOCS\Arehives\Wills\STUV\Smith, Winifred E. Wi l.doe
LAST WILL AND TESTAMENT
I, Winifred E. Smith, of Rouzerville, Franklin County,
Pennsylvania, declare this to be my Last Will and revoke any
will previously made by me.
I. The expenses of my last illness and my funeral expenses if
not pre-paid at the time of my death) shall be paid by
estate.
II. I d~rect ":=hat In)" ch~lctrer~ 3l-.i.a.~1 di'"v-"~de the re,s:_c}-u2 c,f rr~~{
tangible household personal property among themselves as
they shall agree; or in the alternative, should they be
unable to agree on such division, I direct that any item
I
desired by two or more of my children shall be chosen by Imy
children by lottery conducted by my Executors. (Matchin
sets of property shall be deemed a single item.) The
appraised value of each child's share of personal property
taken in kind shall be set off against that child's
residuary inheritance.
III. By way of explanation, I have given my sons, John A. Smith
and Thomas M. Smith, gifts of Twenty-five Thousand Dollar
($25,000.00) each during my lifetime.
In order to equali e
these gifts to my sons, I direct that the following
bequests be made at my death:
A. To Joyce E. Wilhide, my daughter, the sum of Twenty-
five Thousand Dollars ($25,000.00).
RECORDED OFFI<CE OF
REGISTER OF WnLLS
2005 SEP 16 .
CLERK OF ORPHANS COURT
CUMBERLAND CO. PA
I[
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W:\XW\DOCS\Archives\Wills\STUV\Smith, Winlfred E. will.doc
B. To Judy A. Robison, my daughter, the sum of Twenty-
five Thousand Dollars ($25,000.00).
IV. I specifically give to each of my grandchildren and grea -
grandchildren living at the time of my death the sum of
Five Thousand Dollars ($5,000.00) each.
In the event an
grandchild or great-grandchild who has not attained the ge
of twenty-one (21) years shall inherit under this Item 0
my Last Will and Testameht, that grandchild or great-
grandchild's inheritance shall be held by the beneficiar 's
parent, as Custodian, under the Pennsylvania Uniform
Transfers to Minors Act, and my said Custodian shall use
said income and principal for the benefit of the minor
beneficiary as my Custodian alone shall deem appropriate
pursuant to the terms of the Act. Upon each minor
beneficiary attaining twenty-one (21) years of age, all
remaining principal and interest in said account shall be
paid to him or her.
V. I direct that any motor vehicles I may own at my death
shall be made available to any of my children to purchase
from my estate at their then existing fair market value.
In the event two or more children desire to purchase the
same motor vehicle, I direct that my Executors shall
conduct a private auction among those children wishing to
purchase same.
W:\XW\DOCS\Archives\Wills\STUV\Smith, Winlfred E. W~ll.dOC
VI. I direct that all the rest, residue and remainder of my
estate, wherever situate, shall be divided into seven (7
equal shares, which I give as follows:
A. To Joyce E. Wilhide, my daughter, one (1) share.
B. To Judy A. Robison, my daughter, two (2) shares.
C. To Thomas M. Smith, my son, two (2) shares.
D. To John A. Smith, my son, two (2) shares.
If any of the above-named beneficiaries fails to survivei
me, I direct that that beneficiary's share shall descend to
that beneficiary's surviving issue, per stirpes.
In the
event that any of the above-named beneficiaries fails to
survive me without issue then surviving, I direct that s
or her share be added to the shares of the others in the
same proportions they now bear to each other.
VII. All administrative costs, including inheritance taxes,
estate taxes and transfer taxes imposed upon my estate
passing under my Will or otherwise shall be paid out of the
principal of my residGary estate.
I
VIII.I appoint as Executors of this, my Last Will, my childre~,
Judy A. Robison, Thomas M. Smith and John A. Smith, or th
survivors of them.
I direct that no trustee, executor,
y
guardian or other fiduciary named, nominated, or appointe
in this Will shall be required to post any bond
security of any type for any purposes whatever.
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W;\XW\DOCS\Archives\Wllls\STUV\Smith, Wlnlfred E. will.doc
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IN WITNESS WHEREOF, I, Winifred E. Smith, the above-namet
Testatrix, have to this, my Last Will and Testament, set my h nd
and seal this ~day of ~~ ' 2002.
-Z)4./viC L:d
Winifre E. Smlth
I
SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named
Testatrix, as and for her will, in the presence of us, who at
her request, in her presence, and in the presence of each oth~r,
have hereunto subscribed our names as witnesses in attestation
thereof.
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W:\XW\DOCS\Archives\Wills\STUV\Smith, Wlnifred E. Will.doc
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF FRANKLIN
We, Winifred E. Smith, mifRaRt2eT I1L 1f~f<e/YfJf}IJ
CA-R OL If. ,S(!jfof2/J ' the Testatrix and the
respectively, whose names are signed to the foregoing
instrument, being first duly sworn, do hereby declare to the
undersigned a~thority that the Testatlix signed and executed the
instrument as her Last Will and Testament and that she executed
it as her free and voluntary act for the purposes therein
expressed, and that each of the witnesses, in the presence ani
hearing of the Testatrix, signed the Will as witnesses and th t
to the best of their knowledge the Testatrix was at the time
eighteen years of age or older, of sound mind and under no
constraint or undue influence. . . . I
~~/c:~L I
Winifr E. Smlth I
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1fl 0 A ~ll o-tYYL. t1Jm0fJUUJL
Wi tneu
d,,-/ tl x:1~~
Witness
Subscribed, sworn to and acknovJledged before me by the
Testatrix and subscribed and sworn to before me.~y
'Y)a~t1re + rY1 {{(!ur/J1tlIL and r:nart! I A, 5V10Yfl
witne es, this (ytf: day of a.y , 2002.
Nofr;~CC. :k(J
Notarial Seal
Karla C. Terry, Notary Public
Waynes~or~ Bora, Franklin County
My Commission Expires May 19, 2005
Member, Pennsylvania Association 01 Notanes