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HomeMy WebLinkAbout09-27-05 F:\FILES\DA T AFlLE\EST A TES\ 7285.1, will. petition healed: 1/4/05 2:44PM Revised: 9/26/05 4:53PM Estate of JAMES S. McKEEHAN, To: Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvanm L."-1 -, Deceased --J Social Security~o. 188-12-5365 :;) l- OS -oS6D ) r-- .., PETIjrION TO ADMIT TO PROBATE A CONFORMED COpy OF WILL , TO THE REGI~TER OF WILLS OF CUMBERLAND COUNTY: This Petition of MICHAEL HENRY, by his attorneys, MARTS ON DEARDORFF WILLIAMS & <pTTO, respectfully states that: 1. ~he Petitioner is the grandson of James S. McKeehan ("Decedent"), a resident of West Pennsborol Township, Cumberland County, Pennsylvania, who died on August 11, 2005. 2. gecedent was a widower whose sole heirs are his daughter, Sharon K. Liberator, his granddaughter, felley Henry, and Petitioner. 3. Qn May 2, 1990, Decedent executed a will, wherein he appointed Petitioner as I Executor of hisl estate and named his granddaughter, Kelley Henry, his daughter, Sharon K. I Liberator, and ~etitioner as beneficiaries of his estate. A conformed copy of said Will is attached I as Exhibit "A". I 4. T~e Will was prepared by Decedent's attorney, William F. Martson, and was witnessed by S*ah M. Greger and Lori A. Sullivan, and notarized by Corrine L. Myers, his I I employees. . 5. FtlloWing execution of the Will by Decedent, the witnesses and Notary Public, Corrine L. Myer, conformed an unsigned photocopy ofthe Will, and noted on the conformed copy that Decedent sta ed that he intended to place the original in a safe deposit box. The conformed copy (A) of the Will was r tained by Decedent's attorney. (See Exhibit "A"). 6. Decedent's funeral services, Decedent's daughter, Sharon K. Liberator, stated to the Petitioner th she would "take care of everything." 7. s. Liberator's attorney, Robert G. Frey, contacted Petitioner's attorney at Martson I Deardorff Willi~s & Otto, (hereinafter "MDWO") to determine if Petitioner's attorney had the original Will. Aittorney Frey was informed that MDWO had a conformed copy of the Will in Decedent's file. ,i\ ~ 8. A representative ofMDWO contacted Manufacturers and Traders Trust Company, Citizens Bank and Farmers National Bank of Newville, with whom Decedent had accounts, and all have no record <l>f any safe deposit box held in Decedent's name. 9. leti tioner informed Decedent's daughter, Sharon K. Liberator, that he intended to act as Executor of ecedent's estate as stated in Will dated May 2, 1990, and that Decedent had told Petitioner for m ny years that Petitioner was to be "in charge." Petitioner further requested that Ms. Liberator turn 1ver to him all financial information, Death Certificates, and the original Will. 10. qecedent's daughter, Sharon K. Liberator, delivered to Petitioner a package containing Deat' Certificates, financial information and a set of keys (which are presumed to belong to a lock-box), ~ut not an original Will. 11. P~titioner then conducted a search ofthe Decedent's house, and was unable to locate a Will, or any lo~kbox that the keys delivered to the Petitioner by Decedent's daughter might open. 12. gecedent has retained MDWO to handle various legal matters for him since September of 1*9. , 13. qn July 21,2005, Decedent's daughter contacted MDWO to determine if they had prepared a Powtt of Attorney for the Decedent, and was told that they had not. 14. dn July 22,2005, Decedent's daughter again contacted MDWO to request that an I attorney from th1 firm visit the Decedent at Green Ridge Village to determine who he would like to appoint as his P9wer of Attorney. 15. jnary A. Dean, Esquire, met with Decedent at Green Ridge Village on June 23, 2005, and dete ined that it was Decedent's wish to appoint his grandchildren, Petitioner, Michael Henry, and Kellebr Henry, to act as his agents. Ms. Dean also inquired about the status of his Will, I and was told thal"things were taken care 0[," 16. D cedent gave his checkbook to Petitioner on June 25, 2005, and Petitioner continued to pay the Deced nt's bills until his death. , 17. A~ of September 27, 2005, Decedent's lock-box, which is presumed to hold the original Will, ha1 not been found. 18. P~titioner has no reason to believe that Decedent revoked or otherwise changed or altered the Will dated May 2, 1990. WHEREFORE, Petitioner respectfully requests that a citation be issued directed to Decedent's daughter, SHARON K. LIBERATOR, and Decedent's granddaughter, KELLEY HENRY, to show cause why a conformed copy of the Will dated May 2, 1990, of James S. McKeehan, DecFased, should not be admitted to probate as if it were the original. MARTSON DEARDORFF WILLIAMS & OTTO By 1Ir 11 Wi 0 .l)f alG L-fflllary A. De - 10 East High Street Carlisle, P A 17013 (717) 243-3341 Date: Attorneys for Michael Henry, Petitioner VERlFICA nON I verify that the statements contained herein are true and correct. I understand that false statements here~n are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsification to ahthorities. fYL\tt.~~ a 10CZ;,~ Michael Henry ~o 1'- ( -h~-,l-/L 'r'!.-' "A ,,0' II . /~J- ,-_/;'"..--1:.:._ . . /, " ('(C.,i~~!..-!,.. ~-(.L. ,~( <-'C'k :I .-j I ^ /--\ ,"7/t,:/() - ,/ .. ----- / . j --"1- c I ~) ,j'#-;:~d~ .. LAST WILL AND TESTAMENT I, JAMES S. McKEEHAN, of West Pennsboro Township, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last will and Testament, hereby revoking any and all former wills or Codicils by me made. 1. I direct that all my just debts, funeral expenses, testamentary expenses and all inheritance taxes shall be paid from my residuary estate as soon as practicable after my decease and as part of the administration of my estate. 2. I give and devise to my grandson, MICHAEL HENRY, the truck which I may own at the time of my death, and my tract of mountain land consisting of approximately twenty (20) acres, situate in Perry County, Pennsylvania, said devises to be absolutely. 3. I ,give and devise the house in which I presently reside, ~~gethe~ with all outbuildings appurtenant thereto, and all content" of said dwelling and outbuildings, to my said grandson, MICHAEL HENRY, absolutely. The land which shall be appurtenant to this devise shall consist of approximately two (2) acres. The eastern line thereof shall begin at the end of a board fence located on the southern 1 ine of my property and shall extend northwarldly to the northern property line. Said devise shall also be subject to the right-of-way set forth in the following paragra~h. -1- C~L-!Jif 'I A " LAW OF'FICE~ - MART~OI'O, DF.ARDOIlF'F', WILLI.\MS ,~ OTTO 4. I give and devise the dwelling, outbuildings and land appurtenant thereto, in which my daughter, SHARON K. LIBERATOR, presently resides, unto my granddaughter, KELLY HENRY, under and subject to a life estate in the said SHARON K. LIBERATOR to reside therein for the remainder of her natural life, or as long as she shall so desire. In the event the said SHARON K. LIBERATOR shall remove from said premises, this life estate shall terminate and ti tIe shall vest entirely in said KELLY HENRY. During her occupancy of said premises, SHARON K. LIBERATOR shall pay all taxes, insurance and maintenance costs for the premises. She shall also maintain said premises in good state of repair. The land included in this devise shall be the remaining part of the premises presently owned by me situate east of the property line described in the prior paragraph and shall also include a fifty (50) foot perpetual right-of-way along the northern property line of my premises extending from Springview Road to the property herein devised. Said right-of-way shall be for the \~ '< purposes of ingress, egress and regress to and from said premises and shall be perpetually appurtenant to the premises herein devised. 5. All the rest, residue and remainder of my estate I direct i'~ -, OJ e \(", III '1-:1 shall be divided as follows: One-fourth (l/4) thereof unto SHARON K. LIBERATOR; one-fourth (1/4) thereof unto MICHAEL HENRY; and the remaining one-half (1/2) thereof unto KELLY HENRY. In determining the residuary share of the residuary legatees, I -2- LAW OFt'IC~;, - MAIlT,OI\, IlEAIlDOIU'F, WILLIAM, .\ OTTO direct that my Executor shall include in the computation thereof any property which shall pass outside the operation of this Will and by operation of law; i. e. any property which I may own jointly with any of said residuary legatees and is included in my estate for inheritance tax purposes. It is my intention by making this provision that the residuary estate shall include said assets in order to equitably divide the residuary estate. 6. I hereby nominate, constitute and appoint my said grandson, MICHAEL HENRY, as Executor of this Last Will and Testament. 7. I direct that my Executor shall not be required to file a bond to secure the faithful performance of his duties in any jurisdiction. 8. '~ j , e beneficiaries hereunder shall have any power to dispose of or to To the extent that the same is permitted by law, none of the "'sharge by way of anticipation any interest given to such ,./ beneficiary; and all sums payable to such beneficiaries hereunder shall be free and clear of the debts, contracts, alienations and anticipations of the beneficiaries, and all liabilities for levies and attachments and proceedings of whatsoever kind, at law or in equity. 9. I authorize and empower my personal representative, in his sole and absolute discretion, to purchase or otherwise acquire and retain any investments of which I die seized or any real or -3- LAW OFFICF;S - MARTSON, BF;ARBOllFF. WILLIAMS'" OTTO \ personal property of any nature; to sell, lease, pledge, mortgage, transfer, exchange, dispose of or grant options in regard to any or all property of any kind forming a part of my estate for such terms and such prices as they may deem advisable; to borrow money for any purposes connected with the protection and preservation of my estate; to mortgage or pledge any real or personal property forming a part of my estate or to join in or secure the partition of same; to compromise any claims or demands of my estate against others or of others against my estate; to make distribution in kind and to cause any share to be composed of cash, property or undivided fractional shares in property different in kind from any other share; and to execute and deliver such instruments as may be necessary to carry out any of these powers. IN WITNESS WHEREOF, I have hereunto",~~t my hand and seal thiso")"'{ day of ./) "'1 . ! ,OJ (SEAL) SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, as and for his Last will and Testament, in the presence of us, who at his request, have hereunto subscribed our names as wi tnesses thereto, in the presence of said Testator and of each other. ,Is.l ,,) ,,,-)c,~.,I\ 71/, /,) ) ,~t.'t..: (/ 7) /"- ,--- ') ,-, e:>, ~ ,L. :/.. - L,J.".. '....-:~ "-- (j j ....."..J-I"I ~e,;/ .._-'L'Ct.-t" .f'\..,.,j -4- I.AW OFFICF:S - MAIlTSOI\, DEAIlIlOIWF, WII.J.IAMS ,~ OTTO \ COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF CUMBERLAND I, James S. McKeehan, Testator, 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. i ""1. ' "j "I'~ . . ,i.').} 1," U i'), .'-.4<--<.;.7Yl,-:ct.::". f":..~.J';:,;. Ie. /L-",:'.(:,JL;~.~.;.... J amEis,;S..,':_MoK~e han Sworn or affirmed to and ackno;ledged before McKeehan, the Testator, this .':;""",cday of ~/n"'-'1 me by James S. , 1990. L::; J t'ti.{'l.."HA ,)>)"/ Notary Public / ) C<':H:.<,*v Ii COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF CUMBERLAND We, ~t,-[ ,-A'~_ -j) ,<.~IG:? ~I:..' .,L.vZ. ~/;:1;'j~-~ ...J( ....',..(_"&--.;,,,_.. / the witmesses whose name~ are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute the instrument as his Last Will; that the Testator signed willingly and that the Testator executed it as his free and VOluntary act for the purposes therein expressed; that each of us, in the hearing and sight of the Testator, signed the Will as witnesses; and that to the best of our knowledge the Testator was at that time l8 or more years of age, of sound mind and under no constraint or undue influence. 1- I J -'..' . ' J,--' ' .. .<:.' /~ _-Ii Address 'I) i _ '1, ,/ ' '...::' " ,,'t..;.: el/'t J (j ;.- / ....,1" ...t /-,-~..:\ / t,:/\. ti:>tL (.f, .,J(.-t.,t':.I iL,.l.;'.___.lv Address Sworn of -ii' or affirmed to and subscribed before me this "0--11.,/( day , 1990 1.<.,5 //' (:~:,.'Lt:( ~j(_e.' " x:--' Notary Public V), . .1 '---<'-it: . ~~.L) (jl LAW OFFICES - MARTSOi'i, IlEAlmOIlFF. WIJ.I.IAMS ,~ OTTO