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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 I 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.) '" '0 u 0: '" "0 "r;; ..- '" '" ~1::;' '" "0 0: 0: 0 e<:S "= ~...::::: 'Or~ '-,- a 0 ,. 0: on Vi ~ ~ 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 - '..... ,_;" "I:': V) ciCi' ;:: ~ ~ ~ ~ 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'" ~ 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[ I 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. II W;\XW\DOCS\Archives\Wllls\STUV\Smith, Wlnlfred E. will.doc I I I I 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. LiYI/lW' ~h n. A-... &DJS &J/IJIU./UfllUw-~. '--i ~ d..JlL .l11JI!!.l ,7lW,Uddres s fi . Ut ~~'ir! t/ 0Ju,vv- Address //~d f /A 17.:1.~'? II I W:\XW\DOCS\Archives\Wills\STUV\Smith, Wlnifred E. Will.doc SS I i \ I , aid witnessIs 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 I 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