HomeMy WebLinkAbout12-13-05
Register of Wills of Cumberland County
PETITION FOR PROBATE and GRANT OF LETTERS
Estateof f1~/P-\fIJi2:rE g, i<lfT1)Ef~(J~lJ No, ~ 1-05- IntoQ
also known as To:
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Social Security No, &01- cJ
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The petition of the undersigned respectfully represents that:
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
Your petitioner(s), who is/are 18 years of age or older, and the execut~ named in the last will of the
above decedent, dated , I , 20
and codicil(s) dated "9 ((1. ~ / ;~ Ov I
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in C t(. f) BE Jl ~ /) y) j
Pennsylvania, with hE".I:tast family or principal residence at l1 r--
5' W~ cJ L N F / ,..... Cil
(list street, nu ber and municipali
Decedent, thenB1e.years of age, died D Lf ,20~,at BEI~f)>-)'( I/JLL-/)(i[
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after
execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent:
County,
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(If not domiciled in Pa.) Personal property in Pennsylvania
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
o
$ J. 60, ClCJO
$
$
$
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented
herewith and the grant ofletters T'E..~Y /) J./f~rr-ft e V
(testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
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Register of Wi lis of Cumberland County
OATH OF PERSONAL REPRESENTATIVE
COUNTY OF CUMBERLAND
COMMONWEALTH OF PENNSYL VANIA
SS:
The petitioner(s) above-named swear(s) or affrrm(s) that the statements in the foregoing p tition.. are tI e~and
correct to the best of the know ledge and belief of petitioner( s) and that as personal representa e( s f th a v
decedent petitioner(s) will well and truly administer the estate according law. . !
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Sworn to or affirmed and subscribed { If/I
~re me this 13*L day of
. .~~ 6..<..-<- , 20 05
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1J~ C.b-~5' Register
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No.c91- (;5 - \ m,p9
Estate of ~~~.,.(\ e K R~<.rrr\, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW-:tQ~ 0 mb:'>A 13 2~, in consideration of the petition on the reverse side
h~eof, s~tisfactory proof having been pres~nted bef~re me, I~ IS DECREED that the instrument(s), date.d
y - ~~? - ~OC) I , descnbed therem be admitted to probate filed of record as the last wll.1 of
\f\o..r 'ne.. R.ti-h..(>\~. .r-A ; and Letters are hereby granted to ~Cy.."o.SCY\ R~l--+c.......'\ ~.
FEES
Probate, Letters, Etc. .............
Will .................................
Renunciation... . . . . . . . . . . . . . . . . . . . .
Short Certificates ( )... .. .. .. . . .
JCP. ... ... . . . . .. . . . . . . ... . . ... . . . . . ..
Automation Fee...................
Bond............................. ....
Total
Filed I;) - I '3 2005
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$
$
$
$
$
$
$
$ dO,:) ,on
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\5,00
Attorney (Sup. Ct. J.D. No.)
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Address
Phone ~e ~+\':) \.10->(' '" lie' .~ x,(I-
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Thi" is to certify that the information here given is correctly copied from an original cen:ificate of death dul~. filed ~ith
Loc:11 Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent fIlmg.
WARNING: It is illegal to duplicate this copy by photostat or photograph. ,~;
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me as
No.
Fee for this certificate, $6.00
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12139563
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Date
81RTMPlACE (City ond
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7. 'a.
FACILIlY NAME (if noc inltituUon. give *eet and number)
lei. BETHMf V'lil.A G!
AS DECEDENT EVER IN DECEDENTS EDUCATION
U.S. ARMED FORCES? .. COft'IPlMIdI
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H'O~.143 Rev. 2187
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
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TYPt!IPRlHT
IN
PERIIAHENT
SLACK INK
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NAME OF DECEDENT (FinI. -. Lull
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AGE (l." _y) N
. MonlN
So f?~ Yr>.
COUNTY OF DEATH
DATE OF DEATH (........ Doy.V_~
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DATE OF INJURY
(MonA D.1. YiMr)
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o PlACE OF INJURV ..... homo. ..... ___ -.. ....,.
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TIME OF INJURV
INJURV AT WORK? DES<;IU8E HOW INJURY OCCURRED.
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Last Will and Testament
OF
MARJORIE R. RUTHERFORD
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I, MARJORIE R. RUTHERFORD, of 440 Bethany Drive,
c..,_:
Mechanicsburg, Cumberland County, Pennsylvania 17055, do make, publf~~d -
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declare this to be my Last Will and Testament, hereby revoking all Wills and~podic~~
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by me at any time made.
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ITEM I: I direct that all inheritance and estate taxes
becoming due by reason of my death, whether such taxes may be payable by my
estate or by any recipient of any property, shall be paid by the Executor out of the
property passing out of the residue of this Will, as an expense and cost of
administration of my estate. The Executor shall have no duty or obligation to obtain
reimbursement for any such tax so paid, even though on proceeds of insurance or
other property not passing under this Will.
ITEM II: I direct the Executor to pay the expenses of
my last illness and funeral expenses from the property passing under this \Vill as an
expense and cost of administration of my estate.
ITEM III: I give the residue of my estate, not disposed of
in the preceding portions of this Will, to my children, JUDITH R. HOOVER and
THOMAS M. RUTHERFORD, JR., in equal shares. If my daughter, JUDITH R.
HOOVER, is not living at the time of my death, her share shall be paid to her then
living issue, per stirpes.
Page 1
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ITEM IV: In the settlement of my estate, the Executor
shall possess, among others, the following powers:
(a) To retain any investments I may have at my death,
including specifically those consisting of stock of any bank even if I have
named such bank as the Executor herein, as long as the Executor may
deem it advisable to my estate so to do.
(b) To vary investments, when deemed desirable by the
Executor, and to invest in such bonds, stocks, notes, real estate
mortgages or other securities or in such other property, real or personal,
as the Executor shall deem wise, without being restricted to so-called
"legal investments", and without being limited by any statute or rule of
law regarding investments by fiduciaries.
(c) In order to effect a division of the principal of my estate or
for any other purpose, including any final distribution, the Executor is
authorized to make said divisions or distributions of the personalty and
realty partly or wholly in kind, and to allocate specific assets among
beneficiaries hereunder so long as the total market value of any share is
not affected by such division, distribution or allocation in kind. Should
it appear desirable to partition any real estate, the Executor is
authorized to make, join in and consummate partitions of lands,
voluntarily or involuntarily, including giving of mutual deeds,
recognizances or other obligations, with as wide powers as an individual
owner in fee simple.
Page 2
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Cd) To sell either at public or private sale and upon such terms
and conditions as the Executor may deem advantageous to the estate,
any or all real or personal estate or interest therein owned by the estate
severally or in conjunction with other persons or acquired after my
death by the Executor, and to consummate said sale or sales by
sufficient deeds or other instruments to the purchaser or purchasers,
conveying a fee simple title, free and clear of all trust and without
obligation or liability of the purchaser or purchasers to see to the
application of the purchase money or to make inquiry into the validity of
said sale or sales; also, to make, execute, acknowledge and deliver any
and all deeds, assignments, options or other writings which may be
necessary or desirable in carrying out any of the powers conferred upon
the Executor in this paragraph or elsewhere in my Will.
Ce) To mortgage real estate, and to make leases of real estate.
Cf) To borrow money from any party, including the Executor,
to pay indebtedness of mine or of my estate, expenses of administration
or inheritance, legacy, estate and other taxes, and to assign and pledge
assets of my estate therefor.
Cg) To pay all costs, taxes, expenses and charges in connection
with the administration of my estate.
Ch) To make distributions of income and of principal to the
proper beneficiaries thereof, during the administration of my estate,
with or without court order, in such manner and in such amounts as my
Executor deems prudent and appropriate.
Page 3
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CD To vote any shares of stock which form a part of the estate,
and otherwise to exercise all the powers incident to the ownership of
such stock.
(j) In the discretion of the Executor, to unite with other
owners of similar property in carrying out any plans for the
reorganization of any corporation or company whose securities form a
part of the estate.
(k) To disclaim any interest in property which would devolve
to me or my estate by whatever means, including but not limited to the
following means: as beneficiary under a will, as an appointee under the
exercise of a power of appointment, as a person entitled to take by
intestacy, as a donee of an inter vivos transfer, and as a donee under a
third-party beneficiary contract.
CD To do all other acts in the Executor's judgment deemed
necessary or desirable for the proper and advantageous management,
investment and distribution of the estate.
ITEM V: Any person who shall have died at the same
time as I shall have, or in a common disaster with me, or under such circumstances
that the order of our deaths cannot be established by proof, or within thirty (30) days
of my death, shall be deemed to have predeceased me.
ITEM VI: I hereby nominate, constitute and appoint my
son, THOMAS M. RUTHERFORD, JR.., to be the Executor, herein referred to as
"Executor". In the event of his death or inability or refusal to serve, I nominate,
Page 4 'Ill. 7P /i?
constitute and appoint my granddaughter, ELIZABETH M. HOOVER, to be
Executrix. The Executor is specifically relieved from the duty or obligation of filing
any bond or other security.
IN WITNESS WHEREOF, I have set my hand and seal to this, my Last
Will and Testament, consisting of this and the preceding four (4) pages, at the end of
each page of which I have also set my initials for greater security and better
identification this~l day of 5r.rhIlt4ttz06 1.
~UL K'/Gzki!-..,AsEALl
RIE R. RUTHERFORD
We, the undersigned, hereby certify that the foregoing Will was signed,
sealed, published and declared by the above-named Testatrix as and for her Last Will
and Testament, in the presence of us, who, at her request and in her presence and in
the presence of each other, have hereunto set our hands and seals the day and year
first above written, and we certify that at the time of the execution thereof, the said
Testatrix was of sound and disposing mind and memory.
PfJ~} ~) (SEAL)
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Residing at 8 fo 8 t e KI:J 10'-1.. IJ 14(: e
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Residing at /15 t..Rt./ R {L 'oR
C NoLI} Pit /70d-5
Page 5
ACKNOWLEDGMENT
COUNTY OF tA \A. {J H I tV
)
) SS:
)
COMMONWEALTH OF PENNSYLVANIA
I, MARJORIE R. RUTHERFORD, Testatrix, 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 and
Testament; that I signed it willingly; and that I signed it as my free and voluntary act
for the purposes therein expressed.
Sworn to and subscribed before
me this <1...5fit day of
.j(pltn) her, 200l.
)7:1;]:;;:' i"1 j~ ~$r?
Notary Pubhc
My Commission Expires:
Notarial Seal .
Melisa M. Lucas, Notary Public
Harrisburg Dauphin County
My CommIssion ~xp\res Oct. 13. 2003
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Meinhi.~i \ 1-';:ln,.\~)\!j,1 .,. l'~., ;_1 ~ .~,\., ,0., .
(SEAL)
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAlidJ}-)Iw'
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) SS:
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and lUCl'l('C/ J. (hr'f'r/{'l (("<1
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the Witnesses whose names are signed to the attached or foregoing instrument, being
duly qualified according to law, do depose and say that we were present and saw
/
We, P DIAY1'l / fllf Jar) ~I
MARJORIE R. RUTHERFORD sign and execute the instrument as her Last Will and
Testament; that Testatrix signed willingly and that she executed the Will as her free
and voluntary act for the purposes therein expressed; that each of us in the hearing
and sight of Testatrix signed the Will as Witnesses; and that to the best of our
knowledge Testatrix was at that time eighteen (18) or more years of age, of sound
mind and under no constraint or undue influence.
fD~{2~
Witness
Sworn to and subscribed before
me this ))-fI) day of
Stf It /Yl h t'.'~ , 2001.
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Notary Public
My Commission Expires:
(SEAL)
Notmial Seal
Melisa M. Lucas, Notary Public
Harrisburg. Dauptlin County
My Commission Expires Oct. 13,2003
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