HomeMy WebLinkAbout12-20-05
Register of Wills of Cumberland County
Estate of Shirley G. Shipman
also known as
PETITION FOR PROBATE and GRANT OF LETTERS
~ l-CC)- (04 Lj
No.
To:
, Deceased.
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
Social Security No. 125-20-2969
The petition of the undersigned respectfully represents that:
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 June 26, 1989 ,20
and codicil(s) dated
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in Mechanicsburg, Upper Allen Township, Cumberland
Pennsylvania, with h_ last family or principal residence at
Messiah Village, 100 Mt. Allen Drive, Mechanicsburg, Cumberland County, Pennsylvania
(list street, number and municipality)
County,
Decedent, then ~ years of age, died December 12 , 20~, at Mechanicsburg, Cumberland County, PA.
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:
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(Ifnot 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:
I~O}[)b'/)
$
$
$
$
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented
herewith and the grant of letters testamentary
(testamentary; administration c.I.a.; administration d.b.n.c.t.a.)
Residence( s) of Petitioner( s)
322 Wister Circle, Mechanicsburg, PA 17055
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Register of Wills of Cumberland County
OATH OF PERSONAL REPRESENTATIVE
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COUNTY OF CUMBERLAND
COMMONWEALTH OF PENNSYL VANIA
SS:
The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and
correct to the best of the knowledge and belief of petitioner(s) and that as personal representative(s) of the above
decedent petitioner(s) will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed
Before me this 0\ 0 or<- 4aY of { I
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AND NOW December eX df/' 20~, 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
June 26, 1989 , described therein be admitted to probate filed of record as the last will of
; and Letters are hereby granted to
William R. McCurdy
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No. a,. D5~/Dq "-J
Estate of Shirley G. Shipman
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
FEES
Probate, Letters, Etc. .............
Will.................................
Renunciation...... ... ... ..... . . .. . .
Short Certificates ((g) ............
JCP. .. . .. . . .. .... . . ... . . . ..... . ... , ..
Automation Fee...................
Bond.................................
Total
Filed DeI- 8D1"'"
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/ Register of Wills
$
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$
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$
$
2005
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James D. Flower, Jr. #27742
Attorney (Sup. Ct. 1.0. No.)
26 West High Street
Carlisle, PA 17013
Address
JY.6D
In.Db
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717 -243-6222
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Phone
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Thi. is 10 certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Loc,t1 Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It iis illegal to duplicate this copy by photostat or photograph.
No.
Fee for this certificate, $6.00
DEe 1 ff" 2005 ~
p
12105983
Date
4105 14) Re~ 2~"
COMMONWEAL TH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS
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TYPE!PRtNT
'"
PERMANENT
BLACK tNi'(
CERTIFICATE OF DEATH
NAME OF DECEDENT (Firs! MIddle. lilSI)
SEX SOCIAL SECURITY NUMBER
, Female 3 125 20-
BIRTHPLACE (City and PACE F 0 ATH Check on! n see instrucf ns
State Of Foreign Country) HOSPITAL
I~~.M~' 0
...
December 12. 2005
AGE (~3St BIrthday)
,. 78
COUNTY OF DEAn"
'b
Cumberland
DECEDENTS USUAL OCCUPA TlON
R.,ode.-e. 0 ~;:,,.,) 0
RACE. American IndIan, Black. While, et
(Spedl)o)
10.
White
SURVIVING SPOUSE
(If w,l~ Il've "".><M~ ~.""'I
100 Mt. Allen Drive
,. Mechanicsburg, PA 17055
FATHER'S NAME (FIrst Middle, Last)
Ammon Gearhart
DECEDENrs
ACTUAL
RESIDENCE
(See instructions
on other side)
11.. Stilte
Did
decedenl
liveina
Cumberland townsh,p?
MARITAL STATUS - Manied
Never Mamed. Widowed.
DivOl"Ced (Specify)
14. Widowed
11c.0 Yes. decedenttived in Ifpppr All PM TtJp
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l7b. County
17d. 0 ~~h~e~t~~~~~~ of
citylboro
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MOTHER'S NAME (FiNOt, Middle, Maiden Surname)
" Ethel Deitrich
~:~~Ri'7rs B~~lkG D~~~~ (~ttCla~l~'ls:t:, np XOOe, 1 701 3
PLACE OF DISPOSITION. Name 01 Cemetery, Cremalory lOCATION. CltyfTown, State, lip Code
or Other Place
,United Lutheran Cemetery
210. Sunbury, PA
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To the best of my knowledge, death occurred at the time, date and place stated
(Signature aM Tille)
23a.
TIME OF 0 TH
'4.
NAME AND ADDRESS OF FACILITY
~.In:. ,3ON.ChestTlUtSt. ,DillsbJrg,PA 17019
LICENSE NUMBER DATE SIGNED
(Month. Day. Yeltf)
23b. 23c.
WAS CASE REFERRED TO A MEDICAL EXAMINER !CORONER?
21. Ye. 0 No I1QI
: Approximate PART R: Other significllnt conditions contributing to death. bul
. interval between not resulting in the undertying ceuse given m PART I
: onaet and death
:~, -8morlf cI ., 1 '" ti(~U
1 :
CI..;'rH.i,thCl.
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DUE TO (~AS A CONSEOUE~E OF)
WERE AUTOPSY FINDINGS
AVAILABLE PRIOR TO
COMPlETION OF CAUSE
OF DEATH?
MANNER OF DEA TH
Natural ~
DATE OF INJURY
(Mo"lh,O.y, '1'..,)
TIME OF INJURY
INJURY AT WORK? DESCRiBE HOW INJURY OCCURRED
Homicide
o
o -ONoO
o ~~CE OF INJURY At home. :aO~. street. factory, ~~ JOe.
bulldI"9...e.(SlM'CIIyj
JOe.
o
Yell 0 No
Yes 0
"o~
ACCident
o
o
Pendmg Investigation
Could not be determined
SUICIde
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CERTIFIER (Check only Ofle)
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.PRQNOUNCING AND CERnFYING PHYSICIAN (Physician both pronounCing death ....d cer1lfying 10 ceuse 01 death)
To ll>e ~.I of my knowledge, de.n. OCCUlTed al the Ume, dat., and placl, al1d dUI 10 thl caus_(,'and mannlr.. stalld.
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LAST WILL AND TESTAMENT
OF
SHIRLEY G. SHIPMAN
I, SHIRLEY G. SHIPMAN, of 19 Chestnut Drive, Carlisle,
Cumberland County, Pennsylvania, declare this instrument to be my
Last Will and Testament, in manner and form following:
1. I hereby expressly revoke all Wills and Codicils heretofore
made by me.
2. I hereby direct my Executor to pay all my just debts, fu-
neral and administrative expenses out of my estate, as soon as
practicable after my death.
3. I direct that all taxes which may be assessed in conse-
quence of my death of whatever nature and by whatever jurisdiction
imposed shall be paid out of my estate as a part of the administra-
tion of my estate. My Executor shall have no duty or obligation to
obtain reimbursement for any such tax paid by my Executor even
though on proceeds of insurance or other property not passing under
this Will.
4. I give and bequeath those items of my personal property set
forth on a separate, unsigned memorandum which it is my intention
to prepare and place with this Will, to those persons whose names
are set forth on the said memorandum opposite the name of the item,
provided they survive my death. Should such a memorandum not be
found with my Will, it shall be conclus~ presumed that I did not
prepare one, and the provisions of this paragraph shall be null and
void.
5. I give, devise and bequeath the remainder of my estate, of
whatever nature and wherever situated, to my children, Susan C. Kar,
D. Richard Shipman and Jeffrey P. Shipman, provided that the share
of any child who predeceases me or dies on or before the thirtieth
(30th) day following my death shall be distributed to his or he issue,
per stirpes, living on the thirty-first (31 st) day followiQ~ my death;
and in default of any such then-living issue~ such share shall be di-
vided equally among my other children.
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6. If, at the time of my death, the law requires the appoint-
ment of a Trustee to administer the share of a minor beneficiary of
my estate, I nominate and appoint my brother-in-law, William R.
McCurdy, as Trustee of the share of any beneficiary hereunder who
may be under a minor at the time of my death. The income and/or
principal of said trust may be accumulated or expended for the
maintenance, education and support of such beneficiary as my
Trustee in its sole discretion may determine; and my Trustee, in the
expenditure of income and/or principal for such purposes, may, at
its discretion, apply the same directly or pay the same to any person
having the care or control of said beneficiary or with whom the
beneficiary resides, without duty on the part of the Trustee to su-
pervise or inquire into the application of the funds by any person to
whom payment is so made. The balance of such income and/or prin-
cipal shall be paid to such beneficiary upon reaching the age of
twenty-two (22) years, rather than the age of attaining majority, or
to such beneficiary's estate in the event of death prior thereto.
7. I nominate and appoint my brother-in-law, William R.
McCurdy, as Executor of this my Last Will and Testament; and as
substitute Executrix I nominate and appoint my daughter, Susan C.
Kar. I further provide that my personal representative and Trustee
shall not be required to file any bond or other security in any juris-
diction to secure the faithful performance of his or her duties nor be
required to obtain any order or approval of any Court for the exercise
of any power or discretion set forth in this Will.
8. In addition to the powers conferred by case law, by statute
and by other provisions of this Last Will and Testament, my personal
representative, Trustee, and any successors in those capacities
shall have the following discretionary powers applicable to all real
and personal property held by them, which powers shall be effective
without Order of any Court and which shall exist and continue until
the time of actual distribution:
A. To retain any property of any nature re-
ceived by them for whatever period they shall deem
advisable;
B. To invest and reinvest all or any part of
the assets of my Estate without regard to statutes
2
limiting the property which a fiduciary may pur-
chase;
c. To sell, transfer, exchange or otherwise
dispose of, any part of the assets of my Estate, for
cash or on terms, publicly or privately, or to lease,
without liability on the purchasers to see to the
application of the proceeds, and to give options for
these purchases without the obligation to repudiate
them in favor of a higher offer;
D. To execute and deliver any deeds, leases,
assignments or other instruments as may be neces-
sary to carry out the provisions of this Will;
E. To borrow money, if necessary to facili-
tate the administration and closing of my Estate,
including the right to borrow money from any bank,
and to mortgage or pledge any asset of the estate
as security;
F. To loan to, and to purchase assets from,
my estate, even if they or either of them are also
acting as Executor thereof.
G. To assume continuance of the status of
any beneficiary with regard to death, marriage, di-
vorce, illness, incapacity and similar incidents or
matters in the absence of information deemed reli-
able without liability for disbursements made on
such assumption;
H. To make any distribution hereunder either
in kind or in money, or partially in kind and par-
tially in money, considering of course the reason-
able wishes of the beneficiary. Distribution in kind
shall be made at the appraised value of the prop-
erty distributed, as it is set forth in the inheri-
tance tax return filed in my Estate;
I. To exercise any subscription right in con-
nection with any security held hereunder, to con-
3
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sent to or participate in any recapitalization, reor-
ganization, consolidation or merger of any corpo-
ration, company or association, the securities of
which may be held hereunder; and to delegate au-
thority with respect thereto, to deposit invest-
ments under agreements, to pay assessments, and
generally to exercise all rights of investors;
J. To continue in any partnership, joint ven-
ture, joint ownership or other business enterprise
of which I am a part at the time of my death;
K. To compromise claims;
L. To continue for whatever period of time
my personal representative shall deem necessary
any ownership as a tenant in common or as a part-
ner, in real estate or other property and to act as I
would have done had I been living;
M. To do all other acts in his/her or their
judgment necessary or desirable for the proper
management, investment and distribution of the
assets of my Estate.
N. In the event that any person shall have
died at the same time as I did, or in a common dis-
aster with me, or under circumstances that it is
difficult or impossible to determine who died first,
shall be deemed by my Executor to have prede-
ceased me.
9. All income or principal held for the use and benefit of the
beneficiaries of this Estate shall not be in any way or manner sub-
ject to anticipation, assignment, pledge, sale or transfer, no shall
any such interest, while in the possession of the Trustees, be liable
for or subject to the debts, contracts, obligations, liabilities or
torts of any beneficiary, or to attachments, executions or seques-
trations under process of law.
If any beneficiary of the Estate shall, in the sole opinion of my
personal representative, be or become mentally or physically inca-
4
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pacitated, by reason of illness, accident, minority or other circum-
stance, my personal representative may apply either income or
principal for the support and welfare of such beneficiary directly or
to the person who has the care and control of such beneficiary,
without the intervention of any Guardian and without obligation to
supervise application of said amounts in any way.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 26th day of June, 1990.
_ ~;;/f1h.4.A~UL~./!:tl~(SEAL)
~~~S~ey G. Ship~'
_~[l~ (1~_
(~().n,,~.~-r. ~~-r() )
~-------------~---
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
I, SHIRLEY G. SHIPMAN, Testatrix, whose name is signed to the
attached or foregoing instrument, having been duly qualified accord-
ing to law, do hereby acknowledge that I signed and executed the in-
strument as my Last Will; that I signed it willingly; and that I
signed it as my free and voluntary act for the purposes therein ex-
pressed.
Sworn or affirmed to and acknowledged before me, by SHIRLEY
G. SHIPMAN, Testatrix, this 26th day of June, 1990.
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Testatrix ()
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. L SEAL
LAU~A ~. BISTLINE, Notary Public
, ta~ll~le, Cumberland County
, M) Commlss1on Expires MarCh 26, 1993
5
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COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
We, Roger M. Morgenthal and Janice E. Hertzler, 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 Testatrix, SHIRLEY G. SHIPMAN, sign and exe-
cute the instrument as his/her Last Will; that he/she signed will-
ingly and that he/she executed it as his/her free and voluntary act
for the purposes therein expressed; that each of us in the sight of
the Testatrix signed the Will as witnesses; and that to the best of
our knowledge the Testatrix was at that time 18 or more years of
age, of sound mind and under no constraint or undue influence.
Sworn or affirmed to and subscribed to before me by Roger M.
Morgenthal and Janice E. Hertzler, witnesses, this 26th day of
-A~ril, 1989.
~
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--fFRoger M. MciGenthal---
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---- -------------- ------
Janice E. Hertzler
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NOTARIAL SEAL
LAURA A. BISTLINE. Notary Public
Carlisle, Cumberland County
My Commission Expires March 26, 1993
6