HomeMy WebLinkAbout02-01-06
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Register of Wills of Cumberland County
Estate of Kathern A. Gregory
also known as
PETITION FOR PROBATE and GRANT OF LETTERS
No. )- \ - (:) ~ - \:J ;", ~ \J
To:
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, Deceased.
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
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Social Security No. 210-40-3590
The petition of the undersigned respectfully represents that:
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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 May 19 , 20 1992
and codicil(s) dated N/A
Janet R McCann has renounced in favor of Harry Hammaker
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in Cumberland County,
Pennsylvania, with h~.rIast family or principal residence at
5 Lancaster Ave., Enola, East Pennsboro Township, Cumberland Co., PA
(list street, number and municipality)
Decedent, then ~ years of age, died January 10 ,20Si? , at East Pennsboro Twp., Cumb Co., 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
(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:
$ 8,000.00
$
$
$ 90,000.00
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented
herewith and the grant of letters testamentary
thereon.
. Si;a~etitioner~~
,,-~/2/) Gi!2;I,~C ~
(testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
Residence( s) of Petitioner( s)
500 Linden Ave., Marysville, PA 17053
Register of Wills of Cumberland County
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYL VANIA
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SS:
COUNTY OF CUMBERLAND
The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition ~re true a~~
correct to the best ofthe knowledge and belief ofpetitioner(s) and that as personal representative(s) of the aboy~
d,,,,lont p,t;tionoc(,) w;lI wdl ,nd truly ""m;n;,tc, th, ""t, ,,"o,d;ng to ~)6"i ",
Sworn to or affi.rmed and subscribed {:;h. ~
B~' th;, jt rtd ~y of
Jif)Cu ~ , 20 ()
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RegIster. '7 ~d
No. ").." -I\:)~ - ~ \ \J~
Estate of Kathern A. Gregory
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW '\: ~~" ~~'('^' \ 20~1.o, in consideration of the petition on the reverse side
hereof, satisfactory proofhaving~een presented before me, IT IS DECREED that the instrument(s), dated
~~'-l). ,"') ''''' ~ ~ , described therein be admitted to probate filed of record as the last will of
,i....~\\{~, '" ~. '" ~ ~ f,\ ; and Letters are hereby granted to
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FEES
Probate, Letters, Etc. ............. $
Will................................. $
Renunciation....................... $
Short Certificates (>.\) ............ $
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Automation Fee.. .. . .. .. .. .. .. .. .. $
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Attorney (Sup. Ct. J.D. No.)
400 South State Road
Marysville, PA 17053
Address
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Total
Filed ~..,,-
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(717) 957-3474
Phone
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ThIs IS to certIfy that the mformatlon here given IS correctly copied from an original certificate of death duly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
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Fee for this certificate, $6.00
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH . VITAL RECORDS ""0
CERTIFICATE OF DEATH STATEFlLENUIlIlER
Kathern A. Gregory 3. -$oQ.rly- .. OoIe..Ooolh_doy,,"",,
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Robert L. McCann
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Janet Hammaker
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Robert Gregory
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LAST WILL
OF
KATHERN A. GREGORY
I, Kathern A. Gregory, of 5 Lancaster Avenue, Enola,
Cumberland County, Pennsylvania, being of sound and disposing mind,
memory and understanding, do hereby make, publish and declare this
as and for my Last Will, hereby revoking any and all prior Wills,
and any and all Codicils thereto, made by me at any time
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heretofore.
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FIRST
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I direct payment of the expenses of my funeral to be made from
my estate as soon after my death as conveniently may be done. I
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would like to be intered in Perry Heights in Marysville,
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Pennsylvania. I authorize my personal representative to expend
funds from my estate, in such amount as my personal representative
shall consider necessary and desirable, for the purchase, erection
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and inscription of a suitable marker for my grave.
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SECOND
I bequeath my Blue sapphire ring with six (6) marquis cut
diamonds to my mother, Janet R. McCann.
If she predeceases me,
then Susan L. McCann shall take the Blue sapphire ring.
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THIRD
I leave my diamond engagement ring and two wedding bands to
Robert Lee Gregory.
FOURTH
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I leave the remainder of my jewelry to Susan L. McCann.
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FIFTH
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Should any of the above-named legatees and devisees predecease
me, I direct that their share of my estate be added to and
distributed as a part of the residue of my estate.
2
SIXTH
I give, devise and bequeath, all the rest, residue and
remainder of my estate to Janet R. McCann, of 109 Chestnut Street,
Marysville, Perry County, Pennsylvania, in trust, however, to act
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as Trustee, upon the following terms and conditions for Robert L.
Gregory, born May 8, 1979:
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A. To pay the income, and so much of the principal as may
be necessary, in the sole discretion of the Trustee, for the
maintenance, support, medical expenses and education of Robert L.
Gregory, until he has attained the age of twenty-five years;
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B.
The amount to be paid for the benefit of the beneficiary
named herein shall be determined from time to time by the needs of
Robert L. Gregory, the amounts and times of any payment shall be
determined by such need. The payments may be made by the Trustee
directly to said beneficiary, if, in the sole discretion of the
Trustee, said beneficiary is of such ability as to properly handle
the funds so paid. Payments may be made by the Trustee directly
to any person having the custody and care of said beneficiary, or
may be made by the Trustee directly to any institution entitled to
payment by reason of services rendered or to be rendered to such
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beneficiary. In making the aforesaid payments, the Trustee shall
give the primary consideration to the individual needs of the
beneficiary and to other financial resources available to such
beneficiary, and the individual needs of such beneficiary shall
override any consideration as to equality of distribution.
C. The Trust created herein shall be construed as the
spendthrift Trust, and the beneficiary hereunder shall not have any
power to dispose of, or to charge by any way of anticipation, any
interest given to such beneficiary. All such sums payable to such
beneficiaries herein shall be free and clear of the debts,
alienations and anticipations of such beneficiaries and of all
liability of levies, attachments and proceedings of whatever kind
in law or in equity.
D. No beneficiary of this Trust provided for shall have the
right, power, authority or privilege to use, sell, transfer,
assign, pledge, hypothecate, mortgage, encumber or in any manner
dispose of any of the income or principal of the Trust until such
income and principal shall have been actually received by such
beneficiary. The income and principal of the Trust shall not be
subject to attachment, garnishment, execution,
supplemental
proceedings on judgment or any other form or manner of legal
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process for the collection or enforcement of any debt or liability
until such income or principal, as the case may be, shall actually
be paid to, received by and under the control of the beneficiary
who is or may be subject to such legal process.
E. At such time as the beneficiary attains the age of
twenty-five (25) years, any accumulated income and principal then
remaining in the Trustee's hands shall be paid directly to such
beneficiary.
SEVENTH
If Janet R. McCann predeceases me or if for any reason she is
unable or unwilling to serve as Trustee as provided herein, then
I nominate and appoint Harry Hammaker of 500 Linden Avenue,
Marysville, Cumberland County, Pennsylvania, as alternate Trustee,
to serve as herein provided. If, for any reason, either Janet R.
McCann or Harry Hammaker should predecease me or fail to qualify,
or fail to serve as Executor, then I nominate and appoint Susan L.
McCann as my surviving Executrix of this, my Last will.
5
EIGHTH
The Trustee shall be entitled to usual compensation that is
customary for the performance of the duties of Trustee under the
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Trust arrangements provided for herein.
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NINTH
Any and all payment or payments of any sum or sums, whether
in cash or in kind and whether of principal or income, payable to
any beneficiary, or any of them, shall be made upon the actual
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receipt of the payment by the respective beneficiary to whom the
payment is made and shall be free from anticipation, alienation,
assignment, attachment and pledge, and shall be free from control
by any creditor of any such beneficiary. All shares of principal
and income herein given shall be free from anticipation,
assignment, pledge or obligation of any beneficiary, and shall not
be subject to any execution or attachment.
TENTH
I hereby nominate and appoint Janet R. McCann, as Guardian of
my son, Robert L. Gregory.
The Guardian is to have exclusive
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control of the care, custody and education of my son, Robert L.
Gregory. The Guardian shall be paid a reasonable sum per annum for
performing the duties of Guardian. Said sum is to be provided out
of the Trust created in this Last Will and the reasonableness of
said sum to be paid to the Guardian shall be determined by the
Trustee.
If, for any reason, Janet R. McCann cannot serve as
Guardian of my son, Robert L. Gregory, I nominate and appoint my
sister, Susan L. McCann.
ELEVENTH
In addition to and without limiting the common law and
statutory authority granted to Executors, Trustees and other
fiduciaries, and in addition to any authority granted to any
Executors, Trustees or fiduciaries by other provisions of this
Will, my Executor and Trustee shall have all the following rights,
authority and power applicable to all property, real, personal and
mixed and wheresoever situate, including property held for minors,
whether principal or income, exercisable without Court approval,
and effective with respect to each items of said property, until
actual distribution hereof:
7
A. To retain, as investments of my Estate or Trust, any or
all assets of my Estate, real, personal or mixed, without regard
to any principle of diversification, and to purchase and acquire
real or personal property, and to hold any or all of such real or
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personal property retained or acquired without making the same
productive of income.
B. To compromise or abandon any claims arising out of, in
favor of or against my Estate or the Trust created herein, in the
decision of the Executor or Trustee in this regard shall be binding
and conclusive on all parties, and the Executor or Trustee shall
not be liable for all proper discharge or compromise of said
claims.
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c.
To permit my son to occupy any real estate retained or
acquired upon such terms and conditions as my Trustee shall deem
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proper.
D. To pay all taxes, charges and expenses of maintenance,
upkeep, improvement, development, protection, preservation and
investment of any retained or acquired real or personal property,
such payments to be made from either principal or income as my said
Trustee shall determine.
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E. To make any payment or distribution herein provided for
in cash, kind or partly in cash and partly in kind, in valuations
fixed by the Trustee at the time of distribution.
F. To retain, sell, invest and reinvest the principal and
accumulated income and any real or personal property without
restriction to legal investments which are legal or customarily
used for the investment of funds and to keep on hand, uninvested,
such monies as the Executor or Trustee may deem proper and for such
periods of time as the Executor or Trustee may deem expedient, to
purchase investments at premiums, to exercise all rights of a
security holder or shareholder in any corporation, and to lease,
mortgage, pledge and give options upon or sell public or private
sale and without approval of any Court and without any
responsibility to the buyer or buyers to see to the application of
the purchase price, any real or personal property, or portion or
portions thereof, irrespective of the manner or the means by which
the same was acquired by said Trustee.
G. To employ counselor determine and to pay such counsel
reasonable compensation.
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H. To sell, mortgage, lease or pledge all Estate or Trust
assets, real, personal or mixed, in such manner as the Trustee or
Executor deems advisable, including the right to grant options and
sellon credit.
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borrow
To
for
the
protection,
preservation
or
improvements of the Estate or Trust, with or without security.
J. To register Estate or Trust property in its own name or
that of a nominee.
K. To accept additions to the Estate or Trust by deed or
will.
L. To incur and to pay the ordinary and necessary expenses
of administration and to allocate all of the expenses and receipts
between the principal and the income as the Executor or Trustee
shall deem expedient.
M. To give proxies, to deposit securities with and transfer
title to committees representing security holders and to
participate
in
voting
trusts,
reorganizations
and
other
transactions involving the common interest of security holders.
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N. To maintain, repair, rebuild, improve and otherwise deal
with any property of whatsoever kind, real, personal or mixed,
which may at any time constitute any part of the Estate or Trust.
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To invest any or all of the Estate or Trust in mutual
funds and to collect the cash surrender value of any or all
insurance policies, to borrow on such policies and to receive
dividends on such policies.
P. The Executor and Trustee shall be entitled to usual
compensation that is customary for the performance of the duties
as Executor and Trustee.
The Executor and Trustee shall not be
held liable for any loss or damages sustained by the Estate or
Trust or any beneficiary thereof, or any person or persons having
and claiming any rights hereunder or against the Estate or Trust,
except for actual or intentional malfeasance, regardless of whether
the act, omission or conduct with respect to any liability may be
claimed shall be within or without the provisions of the Trust or
other authority or powers of the Executor and Trustee as herein set
forth and otherwise.
11
TWELVETH
I nominate and appoint my beloved mother, Janet R.McCann,
Executrix of this, my Last Will, but should she predecease me or
for any reason fail to qualify as such Executrix, or having
qualified, fail to serve as such Executrix, then I nominate and
appoint Harry Hammaker as my surviving Executor of this, my Last
Will. If, for any reason, either Janet R. McCann or Harry Hammaker
should predecease me or fail to qualify, or fail to serve as
Executor, then I nominate and appoint Susan L. McCann as my
surviving Executrix of this, my Last will.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to
this Last Will, consisting of sixteen (16) typewritten pages, the
first /~~~ (LL) of which bear my signature in the margin
for
identification,
of
..Lt day
purposes
this
of
on
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, 1992.
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Signed, sealed, published and declared by the above named
testatrix, Kathern A. Gregory, as and for her Last Will, in the
sight and presence of us, who at her request, in her sight and
12
presence, and in the sight and presence of each other, have
hereunto subscribed our names as witnesses.
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COMMONWEALTH OF PENNSYLVANIA
SSe
COUNTY OF DAUPHIN
I, Kathern A. Gregory, the 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 that I signed it willingly as
my free and voluntary act for the purposes therein expressed.
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Sworn to or affirmed and acknowledged before me, by
KA'lliERN A. GREGORY
, the testatrix, this 19th day of
MRy
1992.
/l~Lvl(;:iJ'u#l
Notary Public
NOTARIAL SE..:"L
HE'-=cJ R. BL.OOM. Natary P:.wire
I CN of H::rr:,;Ot;ra, Da:.lohm CountY
!~~ CJmm:S~lon EXDlres Marcn 10. 1995
14
COMMONWEALTH OF PENNSYLVANIA
SSe
COUNTY OF DAUPHIN
We, the undersigned, 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
the testatrix sign and execute the instrument as her Last Will;
that the testatrix signed it willingly and executed it as her free
and voluntary act for the purposes therein expressed; that each
subscribing witness in the hearing and sight of the testatrix
signed the Will as a witness; and that to the best of our knowledge
the testatrix was at that time eighteen (18) or more years of age,
of sound mind and under no constraint or undue influence.
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WITNESS d
Address 3.3<:> - ~~- ~
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Address 71-5 9:Jt2O>1U,/ ~~LJ {2/}.
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Sworn to or affirmed and subscribed to before me by the above-
named witnesses, this 19th day of
May
1992.
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Notary Public
NorArilAL SE..l.L
f:r:::_,=', R. 31_OOM. Notary PuollC
I C,,,, oi H:wlsoura. Dauchin County
I r/:v C~mmlS5lon E:<:Olres rVlarch 10. 1995
16
Register ofvVills of Cumberland County
RENUNCIATION
No. ~ \ -\:J~ . ~ '\ \'.l~
To the Register of Wills of Cumberland County, Pennsylvania
The undersigned J" 411 ~ + R. m Q (h V\ r\ IV\ o-tt~ yo e ~ec u trL 'f
(Name) (Relationship) (Capacity)
of the above decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that
Letters _Te~t Gt M 'C!?.." tlty"
be issued to J-Iq.........J #';"1'\'\"'1.1 t~r"
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Witness my/our hand(s) this
~S"jj day of
Affirmed and subscribed before me this
v5+!t day of r:.JafluaYfj
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GlibfrInADL/OLL/1 &
Notary Public I
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~OCJ Leot'lc:(t"d .s +-
(Addre;..s)
M4V"y.sUt'lI-e. f'~ l7b ~ ,
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My Commission Ex Ires: _.......
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Ii) ~tnIYM.IIlCIIKlJIl"'" COUNw
Contol n Ill....... Oct 11. ..
Or
Affirmed and subscribed before me this
_ day of
Register of Wills
Deputy
(Signature and seal of Notary or orner official
qualified to administer oaths. Show date of
expiration of Notary's commission)
(Signature)
(Address)
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(Signature)
(Address)
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