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HomeMy WebLinkAbout10-10-05 rr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ORPHANS' COURT DIVISION In Re: Estate of Agatha R. Haut No 2005- ~ CAVEAT This is in the matter of the above estate and in the matter of a certain written instrumerlt dated on or about May 13, 1999, which has been offered for probate to the Honorable Regi~ter of Wills of Cumberland County, as the will of Agatha R. Haut, deceased. I Now, this 10th day of October, 2005, before admission to probate, Henry D. Henson, Sri, Caveator comes before the Register to object to the admission to probate of the written ' instrument dated May 13, 1999. In support of this caveat, Henry D. Henson, Sr., offers the I following: 1. The written instrument offered for probate is not the last will of Agatha R. Haut, . deceased, as she executed a subsequent Will on June 1, 2000, a copy of which will be mad~ available as required, but this is not the appropriate county for probating said Will. . 2. The execution of the written instrument was obtained by fraud or undue influence of Paul H. Haut, Jr., who was in a confidential relationship with decedent. , 3. The decedent did not live in Cumberland County, as falsely asserted by Paul H. Hauti Jr., but lived instead in Franklin County at and prior to the time of her death and was a reSi~!ent of Franklin County, all as demonstrated by her death certificate and other evidence. ' 3. The Caveator is the son of the decedent and her heir under the will of June 1, 2000. 4. The persons interested in the estate are believed to have been set forth in the Petitior for Probate by Paul H. Haut, Jr., and Caveator will provide further information regarding th~ same if and as required: i WHEREFORE, Caveator respectfully requests that the Register of Wills refuse to probate) the written instrument dated May 13, 1999, or any other instrument presented by Paul H. Hautl, Jr., as the will of Agatha R. Haut, deceased, and to close her file without requiring bond, asl Paul H. Haut, Jr., improvidently and wrongly filed in the wrong county and as the alleged 1i11 is not entitled to probate. I ----11~J2--1e ~ C ---- _ 0 ct- J (j.l 2 U 0 -S . Henry D. Henson, Sr. Caveator COrvllYlONl'lEALTH OF PENNSYLVA1\lIA OF ~Pt! 1t0 55. Henry R. Henson, Sr., being duly sworn according to law, deposes and say that he/she is the Caveator herein; that he/she has reviewed this Caveat; and that the facts set fotth I her~r J!t.~e atc:ect to the best of his/her knowledge, information and belief.' '-'1___________ taveator' b b b f h '0 '0 day of [)e:;--~ ""t::J? 20 "-c:- Sworn to and su scri ed e ore me t is L'. ,y. ..,~ {/>2- My Commission expires: Of NOTARIAL SEAL CAROl A. LYTER. Notary Public City d Harrisburg. Dauphin County My CornrnIIIton ~81 Dec. 26. 2006