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Home My WebLink About10-16-78 No. 21-78 . ~..-t'" ,,11 I ,.A,. PETITION FOR PROBATE OF WILL AND LETTERS TESTAMENTARY in the Estate of Ernest W. MacArthur , deceased. To Richard E. Anderson, Register of Wills for the County of Cumberland, in the Commonwealth of Pennsylvania. is PetitionedS) CSlxexthe executor named in the Last Will and Testament of Ernest W. MacArthur dated September 14. 19,70 Decedent was a citizen of the" United States and a resident of Township )ft~x~~~ Cumberland County, Commonwealth North Newton of Pennsylvania. Decedent died on Tuesday the Third day of October I State of A. D. 19 7R I in the County of Cumberland Pennsylvania at the age of 81 years. bas has: xban Decedent has not been married and has not had children born to him since the execution of the above described Wi II. Decedent was possessed of personal property to the value of unestimated and of real estate to the value of unestimated as near as can be ascertained; said real estate situated as follows R. D. 1, P. O. Box 264B Shippensburg, Pennsylvania 17257 COMMONWEALTH OF PENNSYLVANIA ~ ss COUNTY OF CUMBERLAND Alfred Wagner named in above application, being duly sworn according to law say(s) that the statements set forth in this petition are true tp the best of his knowledge and bel ief, 'f.. a~/~LU/ ~~j ! &;0 t) -+- 1~7t Sworn and subscribed before ~~ 1978 Richard E. Anderson, Register // / ,/' ," /"'r~ /~l/' (f). / .. '/ ~/' Filed; Ootober 16, 1918 -.</-7J>'- S7/ /C'1~~-.~ Attorney: Robert J. Yocum - II J' ~ .., LAST WILL AND TESTAMENT I, ERNEST W. MACARTHUR, of R. D. 1, Shippensburg, Cumberland County, Pennsylvania, being ot sound mind, memory and understanding, do make and publish this my Last Will and Testament, hereby revoking and making void any and all former wills by me at any time heretofore made. FIRST. I direct my hereinafter named Executor to pay all my just debts and funeral expenses as soon as conveniently mlQ" be atter my decease, and I further direct my said Executor to have the proper lettering inscribed an my cemetery marker and a permanent foundation installed on my cemetery lot in Prospect Hill Cemetery, Newville, Pennsylvania. SECOND. I authorize and empower my hereinafter named Executor to sell at public or private sale my lot with dwelling house erected thereon, situated along U. S. Route 11, North Newton Township, Cumberland County, Pennsylvania, together with all household contents therein, at public or private sale, whichever in the discretion of the said Executor he shall deem proper, without any Order of any Orphans' Court; and I gi ve- and bequeath the net proceeds from the same as follows: I give and bequeath one-third of the net proceeds to my halt-brother, MERLE DAVID MACARTHUR, absolutely; I give and bequeath the remaining two-thirds of the net proceeds of the s sme to the Farmer's Trust Company, Carlisle, Pennsylvania, as Guardian of the Estates of my following named four (4) great-grandchildren, to wit: FRED WAGNER, ROY WAGNER, DEBBIE WAGNER, and RICKY WAGNER, the said Guardian to divide the same in four (4) equal shares t invest the same in legal or nonlegal investments, and apply the net income from the same frail time to time as in the sole discretion ot the said Guardian is needed for the maintenance and education of the aforesaid great-grandchildren. Upon each ot the atoresaid great-grandchildren reaching the age of thirty (30) years, I direct the said Guardian to pq the said share, absolutely, to the said great-grandchild. THIRD. I give, devise and bequeath eighteen (18) shares ot Cumberland Valley Cooperative Association stock to the said Farmer's Trust Company, Guardian as aforesaid. and I further give and devise unto the said Fanner's Trust Company, Carlisle, Pennsylvania, Guardian as aforesaid, my unseated tract ot land situate along highw~ Route 891 in North Newton Township, . dfl4 ~ ?flu tZ~ Cum- (SEAL) ~":'~7 '1 " l ~' ~.' l' I, '.. " berland County, Pennsylvania, for the following uses and purposes: It is my request that the said Guardian, in its sole discretion, retain the aforesaid tract of land until the youngest of my said great-grandchildren, to wit: FRED WAGNER, ROY WAGNER, DEBBIE WAGNER and RICKY WAGNER, she.1.1 become eighteen (18) years of age, in order that the said tract of land D18\Y be utilized by the said great-grazuichildren as a playground area. I further. however, authorize and empower the said Guardian to make sale of the said tract of land, either public or private . without any Order of any Orphans' Court, as in the sole discretion of the said Guardian the said Guardian deems it proper to do so, at anytime during the term of the said Guardianship. Provided, however, that in the event the said Guardian has not previously sold end conveyed the aforesaid tract of land, then upon the youngest of the aforesaid great-grandchildren reaching the age of eighteen (18) years, I then authorize and empower the sa.id Guardian to make sale and convey the said tract of land, either at public or private sale , without any Order of any Orphans' Court, and thereupon to dis- tribute the proceeds of the sa~d sale and pay the same in four (4) equal shares. one equal share to each of my aforesaid great-grandchildren, as each reaches the age of twenty-one (21). FOURTH. I give, devise and bequeath all the rest. residue and remainder of my Estate, real, personal and mixed, whatsoever and wheresoever situate, as follows: One-third of the same to my he.1.r-brother, MERLE DAVID MACARTHUR, and the remaining two-thirds of the same in equal shares to my four (4) great-grandchildren, to wit: FRED WAGNER, ROY WAGNER, DEBBIE WAGNER and RICKY WAGNER. In the event any of my said great-grandchildren are not twenty- one (21) years of age, I then give and bequeath the share of such person, devised and bequeathed hereunder, to the Farmer's Trust Canpany, Carlisle, Pennsylvania, to hold the said share, as Guardian aforesaid, until the said person becomes twenty-one (21) years of age, and to pay the said share upon the said person reaching twenty-one (21) years of age. FIFTH. I hereby nominate, constitute and appoint as Executor of this my Last Will and Testament, my step son-in-law, ALFRED WAGNER', as the sole Executor of this my Last Will and Testament. &~{fifv)mG /ld:;/(SEALl r',i~ti:~, -" .. ,. . .., ' . ~ IN WITNESS WHEREOF, I, ERNEST W. MACARTHUR. have to this, my Last Will end Testament , written on three (3) sheets of paper. set my hand and seal this 14th day of September, 1970. 8~MJ cptwor2rdw (SEAL) Signed, sealed, published and de- clared by ERNEST W. MACARTHUR, the Tes- tator. as and for his Last Will and Testament, written on three (3) sheets of paper, in the presence of us who have at his request signed our names as witnesses hereto the presence of the said Tes- tata d of ea other. ~'~~~~~ t: ~ ,j>. t,~ ,....,j: OATH OF PERSONAL REPRESENTATIVE ~ COMMONWEALTH OF PENNSYLVANIA} COUNTY OF CUMBERLAND SS: Before me, the Register for the Probate of Wills and granting of Letters of Administration in and for the County of Cumberland, personally came ........~.~.~~~~..W~~~.~....... ...... .......................... ............................ who, being duly ........~.'if.9.m..........., do ~.~....... depose and say that as .....J?~~fH~~:r:.......................................... of the last Will and Testament of ....~.~.~.~~..Yf.....~~~~!.~.~~~.................................................................deceased ...........h~.......... will well and truly administer the goods and chattels, rights and credits of said deceased according to law. And also will diligently comply with the provisions of the law relating to Transfer Inheritances. .....~Y!.9.m.............. and subscribed before me. . D., 19 .l~....... .i.a~..t?!~............ ...................................................................... .... .... .... o z ~ to ~ rn r:z::l :~ :CD ~~ :~ :CD :Cl u.. 0' f'-: 0 ~: ~~ ::s: ..c:: .:d -J +J: 0 f-t: 0 -J <: ~ u: cd: ....... ....... -: - :::;;:: .1"'4 ~ ~ 0: .' E-f: :3:: = rx1: +J: '1"'4 fI)' "t:S ~ (I): CD E~ "t:S t-o-: ~ 0 \t\: PJ: CJ ~ e ~ "t:S = cd m ll.. DECREE c:o : r-: 0') ,..-.4.. ~: r-f: . ~ l~ 00 ...--.. I .... N ~ ~ G) SJ o ~ () o "t:S CD ....... ri: Be it remembered that on the .........~~.~~...... day of ....................~!?~~~.~.~............, A. D., 191~....., there was probated and recorded the last Will and Testament of ....~~~~.~..}t~...~!~~.~~h~............................, late of......... ....~~!'.~h..~ !!!~~~~.................................., Cumberland County, Pennsylvania, Deceased. Letters .....!~~.~~~.~~.~~................ ...... were granted to .. ........ .........~~f:r.~~..W.~~.~.~.............. Witness my hand and official seal the day and year aforesaid. ~78" OATH OF SUBSCRIBING WITNESS COMMONWEALTH OF PENNSYLVANIA l ss: COUNTY OF CUMBERLAND ~ This........................* 9.~~....................................... day of.... .9.c.t9.1;>.~.:r.............................................. A.D., 19 .1ft.., before me Richard E. Anderson, Register for the Probate of Wills and granting letters of Administration in and for said County of Cumberland, in the Commonwealth of Pennsylvania, personally came .............. .................................. ..~9.Q.~.:r.1;.. J..... XQ~HJ)!...I..... .~~~.. ~.~....................................................................................... the subscribing witnesses to the foregoing instrument of writing purporting to be the last Will and Testament of .... ..I;m~s.t. ..~,. .M.~$;A;r::t;hU1:......................................................... Dated .. :?~P.:t;~WP.~r. .J.~.,.. J.~.7.Q.... late of...............~ 9.!t~.. ~.~~~Rn..I ~~n?~~ P..................................................... Cumberland County Pa., deceased who being duly ....~wQrn............................. according to law, depose and say, that .....h~..w~~....................... present, and saw and heard the testa..t.ox........................., ...Ero~~t..\\!r..MChCAt~bux..................................... sign, seal, publish, pronounce and declare the said instrument of writing as and for h.is............ Testament and Last Will, and at the time of so doing .............h~................................was of sound and disposing mind ............~Y!.c?~.......................... an subscribed before Richard E. Anderson, Register AFFIDAVIT OF DEATH COMMONWEALTH OF PENNSYLVANIA l ss: COUNTY OF CUMBERLAND ~ ... ................................ ..~~.f.!~.<;l. .y!!!-gn.~'F................................................ ............................................... ...being duly ..~~~m.................................... says that as nearly as can be ascertained the said decedent .......................... ......... ......~.m.E?~.t. .Y!.~.. M~~A'F.~h~:r................................................................................................................ .died on ..........J~~~~~y......................... the ...~h~J;.~.................... day of .... ..~~~~~~!................. ................. A.D., 19.7.S..., at or about .............1?~:1~................... o'clock, ~:.M. ............ ..Sw.om........................... ..and subscribed this ................ ..........!.~~~............ day of ....O'~t.ob.ex....... ~r:2~'if/T~............ Richa d E. Anderson, Register t:"....., '<''1 ,) ~ . OA TH OF NON-SUBSCRIBING WITNESS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } 55: Thi s ................... ..~.Q~h...... ....... ......... day of ...... ~c;~9R~]:........ ..... ......... ........... A. D. 197 .8...., be.fore me, .............~~.<?~~~.~.~..~.I?-~~~~.C?~............................ Register for the Probate of Wills and Granting Letters of Administration in and for the county of Cumberland, in the Commonwealth of Pennsylvania, personally came ...~~]::rY..W~mx:r..~9..~)'f1:~A.Wq.gI}.~:r.......... .... I.... " ......... ......... ........ 1'1' e". ........ II ..... .... II I.......... ..:..~ II.. I..... ... ..... 1,.,1 II.. I.-I ... ... who b.ein 9 du Iy .. ..........~~g~...................according to law deposed and say that they are well acquainted with th e h an d w ri tin 9 0 f .......... ~mc:~ ~. .J'!... . M~~~]:~h\l]: . . .'. . . . . w . . . . ... . . . . . . . . . . . . . . . . .., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . wh9se name is attached as ......... .l}~.~. .~~gnq.:t.V.h~....... ..................... .to an i nstrum en t of wri ti ng purportedto be .................................................................... the Last Will and Testament of Ernest W. MacArthur . . . . . . . . . . I" . ... . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . -f . . . . . . . . . . .'. . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . _. . . . . '. . . . . . . late of... .~<?~h .~C:~~RI].. .TR\ffi~h~R~. .~W!lP.~~lM~. ~.QWlly. -'. .r.~M;S.x:L.VMi.~...................., deceased and that the said si gnature is true and genu ine,xcmdorkIlX)fkaXSDCixbc.......................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . xblKKK~KauuaK2OrX.DilJ(:k . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '" ...,.....~~g~..................and subscribed before me, th is, '. . . . . . .'. . . . . . . ~ ~ ~.~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . day 0 f Regi ster 'l~..t1l_~_ ~-W7~ ........Q~~~1;>~:r............... ...... A. D. 1978............ pe r ................................................................ Deputy Reg i ster 576