HomeMy WebLinkAbout10-18-05
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PETITION FOR PROBATE & GRANT OF LETTERS
, deceased.
No. 21-05- Oct I ~
To: Register of Wills for the
County of Cumberland
Commonwealth of Pennsylvania
Estate of DOROTHY LOUISE SW AIN
also known as
Social Security No.
177-24-7470
The Petition of the undersigned respectfully represents that:
Your Petitioners, who are 18 years of age or older and the Co-Executors named in the Last Willi of the
above decedent dated December 23. 2004 , and codicils dated none . The
Executor named none died . Renunciations for none attached hereto.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or Rrincipal
residence at 11 Buttonwood Lane. Carlisle, Pennsvlvania . !
Decedent, then ..l!i.- years of age, died
October 8
, 2005, at
Except as follows, decedent did not marry, was not divorced and did not have a child born or a opted
after execution of the Will offered for probate; was not the victim of a killing and was never adjudicated
incompetent: N/ A
X:7/P:~p
William S. Yiengst
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $4,000.00
(If not domiciled in PA) Personal property in PA $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania, situated as follows: $ , I
WHEREFORE. Petitioners respectlully requests the probate of the Last Will and Codicil(s) ~esented
herewith and the grant of letters testamentary thereon. '
Signature(s) and Residence(s) of Petitioner(s):
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COMMONWEALTH OF PENNSYLVANIA 1\
ss
COUNTY OF CUMBERLAND: I
The Petitioner(s) above named swear(s) or affirm(s) that the statements in the foregoing P4~ition are
true and correct to the best of the knowledge and belief of Petitioner(s) and that as personal represel~tative of
the above decedent. petitioner(s) will well and truly administer the eslale according ~~ _, ----",A ,.',', OJ ~
Sworn to or affirmed and subscribed X~~ ~
before me this ~ day of William S. Yieng~ . I:
October, 2005. I
" ~ Q n~(/ ~ho.l.ltj,---,
~\. 0- - C~~Register 0
OATH OF PERSONAL REPRESENTATIVE
No. 21-05- 001 't
Estate of
DOROTHY LOUISE SWAIN, deceased.
DECREE OF PROBATE & GRANT OF LETTERS
q,....
AND NOW, October~. I ~ , 2005, 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 December 23. 2004 described therein be admitted to probate and filed of record as the
Last Will of Dorothv Louise Swain ; and Letters Testamentarv are hereby
granted to William S. YienQst
FEES
Probate, Letters, Etc. . . . . . . . $ 30.00
Short Certificates( -1-) . . . . . . . $ 4.00
Renunciation(s) ........... $
JCP '" . . . . . . . . . . . . . . . . . $ 1 0.00
Automation Fee............$ 5.00
Other Will .. .. ... .... $ 15.00
TOTAL: .... $ 64.00
Filed. .\0. -:-16~.O-S . . . . . . . . . . . . .
Register of Will~A.... _
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~~~I~"~ Miller. Esquire (83776)
ATTORNEY (Sup. Ct. 1.0. No.)
60 West Pomfret St.. Carlisle. PA 17013
ADDRESS
717 -249-2353
PHONE
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Thi" is to .~ertifY that t~e .informa~i?n here. given is correctly copied fro~ an original cer~ificate of de~th 9ul~.iiled with
LOCll RegIstrar. The ongmal certIfIcate WIll be forwarded to the State V Ital Records Office for permanent fIhlg.
WARNING: It is illegal to duplicate this copy by photostat or photograph. :
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Fee for this certificate, $6.00
P 12064395
No.
me as
t._"
H105143 Rev 2/87
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
ST^TE FllE.HUMJ;?kfl,.
TYPEJPRINT
IN
PERMANENT
BLACK INK
5. 76 Yrs
COUNTY OF DEATH
SEX
female
PLA OF 0 ATH
7~~::~fur
84.
FACILITY NAME (If not inslilUlion, give streel and number)
NAME OF DECEDENT (First, Middle. last)
,. Dorothy Louise Swain
AGE (Last Birthday)
BIRTHPLACE (City and
Slate or Foceign Country)
8b
Cumberland
DECEDENT'S USUAL OCCUPATION
{~lv:a~I~~';;~~Q~.u~~~~r';:t
Laborer
E
DUE TO (OR....S /4. CONSEQUENCE OF)
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WERE AUTOPSY fINDINGS MANNE:R OF DEATH
AVAllABlE PRIOR TO ~ 0
COMPLETION OF CAUSE Natural Homicide
OF DEATH? 0
Accident Pending In'o'esligdtiol1
v., 0 No v., 0 NoD Suiude 0 Could nol be determined 0
DATE OF INJURY
(Monl/l.Oay. Y.arl
J...
L.
30a. 30b.
PLACE OF INJURY
bu,ldlnY. etc (Specify)
2". 21b. 29. 30..
CERTifIER {Ch&dI. only one)
e~~~~F~~IGor~~\'~~~~g':.$~~:~hC:~~~~ici~u~: I': ~~:~~r:~:~(:r~~3rrC~~~j~a~~ h:t~f~d.~~~~:~.~ .~~~~. ~~~ .:?~~~~~~.~ .i~~.~~ .~~.).,..
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.PRONOUNCING AND CERTIFYING PHYSICIAN (Physician bolh pronouncing death and certifying 10 cause of death)
To the ~.t of my knowl.due, death occulTed at the time, date, and place, and due to the causaa(s} and mann..... alated."..
eMEDICAl eXAMINER/CORONER
:~:rb::I:::e~~~lnaUon and/or In.....tlgatlon. In my opinion, death occurred 1.1 tha tlma, dale. and place, and due 10 the caua..(a) and 0
>I.
REGIST
III t 1;<,] I 1)1
3.
h ck nl n
~~~ty) 0
RACE, merican Indian. Black, While, at
lSpecitti
W. i te
MARITAl STA.TUS. Married, S RVIVING SPOUSE
Ne'o'er Married, Widowod, ( Wile. gl~. /l'l"odItn f\oIr-n.1
Di'o'orced (Specify)
14. Wi dowed
11c. ~ v.,. ..ced.nll'v.. in Mid d 1 e sex
,
11d.O ~~~e~~~llli~::Of
owp
CllyltJow
5
26.
; Appcoximate
: ~~:a~:~::~
TIME Of INJURY
INJURY ~1 WORK? DESCRIBE HOW INJ '{ OCCURRED.
v., 0 No 0
M 30t.
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LAST WILL AND TESTAMENT
I, DOROTHY L. SWAIN, of Middlesex Township, Cumberland County, Pennsylv ia,
being of sound mind, disposing memory and full legal age, do hereby make, publish and de lare
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this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore tade
by me.
ONE.
I direct my Executor or Executrix, as the case may be, to pay all 0 my
debts, funeral and administrative expenses as soon as convenient after my decease. Furthe ore,
I direct that all state, inheritance, succession and other death taxes imposed or payable by r as on
of my death and interest and penalties thereon with respect to all property composing of my ross
estate for death tax purposes, whether or not such property passes under this Will, shall be paid
by the Executor or Executrix of my estate.
TWO.
My Executor or Executrix may, at his or her discretion, compro 'se
claims, borrow money, retain property for such length of time as he or she may deem pr per;
lease and sell property for such prices, on such terms, at public or private sales, as he or she may
deem proper; and invest estate property and income without restriction to legal invest ents
unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell
any realty and/or personalty owned by me at my death and not specifically devised or beque . thed
herein, at public or private sale or sales and to give good and sufficient deeds and/or bills 0 sale
therefor, in fee simple, as I could do if living. My Executor or Executrix is authoriz~ and
empowered to engage in any business in which I may be engaged at my death, for such peri 'd of
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time after my death as seems expedient to said Executor or Executrix.
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THREE. I gIve, devise and bequeath all of my estate of whatever nature and
wherever situate as follows:
A. In the event I have any remaining interest therein, I give and devis the
hunting ground and all improvements thereon, as well as all rights and ease ents
appurtenant thereto, located at 247 Stoneridge Court, Saville Township, Perry Co nty,
Pennsylvania, to my sons as tenants in common, and subject to any mortgages, liens real
estate taxes or other encumbrances, in the following percentages:
1. Seventy-five percent (75%) to my son WILLIAM S. YIEN ST,
per stirpes, which provides that the child or children of any deceased benefi iary
shall take the share their parent would have taken if living; and
2. Twenty-five (25%) to my son RUSSELL E. YIENGST, per sti es.
B. I give, devise and bequeath all of the rest, residue and remainder 0 my
estate in equal shares to my son WILLIAM S. YIENGST, my son RUSSEL E.
YIENGST, and my daughter SHARON YIENGST, per stirpes, which provides th t the
child or children of any deceased beneficiary shall take the share their parent would have
taken if living.
C. I hereby specifically exclude my daughter CATHY M. McKEE from any
inheritance whatsoever under this my Last Will and Testament for reasons known unto
her.
FOUR. If, under any of the provisions of this Will, any principal becomes v sted
in an individual under the age of twenty-one (21) years, my Executor or Executrix, as the case
may be, including any administrator c.t.a., shall retain the same as trustee of a power in tru t for
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the benefit of such individual or individuals in separate shares in the name of each he~r or
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beneficiary in the amount equal to the share inherited hereunder, until they attain the a e of
twenty-one (21) years. Any of the principal thus retained, and any of the income there rom,
including the whole thereof, may be paid to or applied for the benefit of each such indiv dual
from time to time in the discretion of the trustee of such power. When each such indiv dual
attains the age of twenty-one (21) years, the funds so held shall be paid over to such person, r, if
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he or she shall sooner die, to his or her legal representatives. In so holding any principaI or
income, the trustee of such power shall have all the rights, powers, duties and discrehons
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conferred or imposed upon my fiduciaries acting under this Will. I further direct that no ond
shall be required from any person receiving a payment hereunder and receipt from such p rson
shall be a full discharge to the trustee of such power who shall not be bound to see t the
application or use of such payment. The trustee of such power shall be entitled to commis ions
at the rates and in the manner payable to a testamentary trustee.
FIVE.
I nominate and appoint my son, WilLIAM S. YIENGST, to b the
Executor of this my Last Will and Testament. In the event he has predeceased me, fail d to
qualify or is not able or does not serve for whatever reason, I then appoint my son, RUSSE L E.
YIENGST, to be the Substitute Executor of this my Last Will and Testament. In the event h has
predeceased me, failed to qualify or is not able or does not serve for whatever reason, I then
appoint my nephew, GARY HOOVER, to be the Substitute Executor of this my Last Will and
Testament, whereby the said substitute personal representatives shall have the same powe s as
are given to the original Executor hereunder.
SIX. No person(s) shall benefit hereunder unless such beneficiary shall su lve
me by sixty (60) days.
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SEVEN.
No Executrix or Executor acting hereunder shall be required to post pond
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or enter security in this or any other jurisdiction.
EIGHT.
No beneficiary may assign, anticipate or pledge his or her interest i any
income or principal held or distributable hereunder, and no beneficiary's creditors may evy,
attach or otherwise reach any such interest.
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If any person or institution entitled to share in any distribution under the
terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest
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the probate of this Last Will and Testament, such person or institution shall forfeit his, her r its
entire interest inherited hereunder and all provisions in favor of such person or institution shall
be declared void and of no effect. The share of such person or institution so forfeited sh I be
distributed as part of the residue pursuant to Paragraph Three B. hereof except that if such p rson
or institution is entitled to share in the said residue, that interest shall be distri uted
proportionately to the other residuary distributees.
[THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, I have hereunto set my hand and seal this
December, 2004.
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~3 d~y of
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Signed, sealed, published and declared by the above-named person as and for a Last Will
and Testament, in our presence, who at said person's request, in said person's presence and i the
presence of each other have hereunto set our names as subscribing witnesses.
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Ad./d/'t#-/'
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ACKNOWLEDGMENT AND AFFIDAVIT
WE, DOROTHY L. SWAIN, DOUGLAS G. MILLER and MA TTHE
A.
MCKNIGHT, the testatrix and witnesses respectively, whose names are signed to the fore oing
instrument, being first duly sworn, do hereby declare to the undersigned authority tha the
testatrix signed and executed the instrument as her last will and that she had signed willingly and
that she executed it as her free and voluntary act for the purpose herein expressed, and that leach
of the witnesses, in the presence and hearing of the testatrix, signed the will as a witness and that
to the best of their knowledge the testatrix was, at that time, eighteen years of age or 01d1r, of
sound mind and under no constraint or undue influence.
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COMMONWEAL TH OF PENNSYL VANIA
SS:
COUNTY OF CUMBERLAND
Subscribed, sworn to and acknowledged before me by DOROTHY L. SWAIN the
testatrix herein, and subscribed ~d sworn .to .Aefo~e me by DOUGLAS G. MILLER and
MA TIHEW A. MCKNIGHT, wItnesses, tills .<3 ~Of De:ember, 2004/
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COMMONWE F P NNS VANIA
Notarial Seal
~n S. Noel. Notary Public
M Carlllile ~o~o, Cumberland County
Y CommIssIon Expires Dec. 8. 2007