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HomeMy WebLinkAbout02-01-06 --I 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: , .',-; , ~) , Deceased. Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania i f, _~) Social Security No. 210-40-3590 The petition of the undersigned respectfully represents that: \,L 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 } 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 () ~l1d&~fJ::ltilrt:1). 0-+ 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 '\\~~~" \>\\:. V\~"""~~ C:, FEES Probate, Letters, Etc. ............. $ Will................................. $ Renunciation....................... $ Short Certificates (>.\) ............ $ J CP. .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ Automation Fee.. .. . .. .. .. .. .. .. .. $ $ $ 20~\o J.. \~ \S. S. '\'-0 \~. 'S. Attorney (Sup. Ct. J.D. No.) 400 South State Road Marysville, PA 17053 Address Bond................................. Total Filed ~..,,- ~\'\.~~ (717) 957-3474 Phone - -, VJ. QQ" ;:; 0> Z A ~ f1105X05~EV.JI(l,. ". '. '~I\-'J~ _~ \'\J"J 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. P l"")'f'r.-r.:88 I _ c:: If.- d 0 ,) , J No. ~~g~^ I /; ~/~ (., I . qate r'." Fee for this certificate, $6.00 .J " .>.... 1_ r_~) H105.tOFWw,OlQ T'Il'fA'AM .. ..............- lUCK "I( 1 IWnI 01 Otc:edenI: (FI'II. rriddII, Iul) COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH . VITAL RECORDS ""0 CERTIFICATE OF DEATH STATEFlLENUIlIlER Kathern A. Gregory 3. -$oQ.rly- .. OoIe..Ooolh_doy,,"",, 210 40 II> Coony" Oulh Cumberland itlL/ 0I>0r. ODOA 0 ..... 0_ ..,l!p_"Hioponi:0rig;n1 ~ No 0 V.(Ilyo&.lI*iIr~ ......... _ RicaA. 01<.. 5. ... (WI "gt'J 1. O,I.oI8W1 .... ... v" White trOll of .. do no( Ital. '''ed Kreo'D .. 1 11")' ,.. ----- 15. s...;,;,gSl>ouM(Il_gioo__ -~ 16. DeeeOwts MUng hidreu (~... ctyl\own. stal., ZiI cod., 5 Lancaster Avenue Enola, PA 17025 Cumberland 0iI_ Uwila 17c.l( V.,OIceOwtIlNedit T""""i>1 T,. '7b. Coony 17d,O No._lNed_ -~.. ~ 1'. Flltw's NamI (F"nt. riidIe,luI) Robert L. McCann ". ...............(f'nI._.............. Janet Hammaker 310. -.......(T_I Robert Gregory 2llb. _.I4aing-(Slr....cIyIlooo.-...._1 5 Lancaster Avenue Enola, PA 17025 o w en :0 ~ ~ a Rem:wal1rom SlIce o 00nIll0n 21b ll<Ie"~~O"O~OOI) 2211. u.-"OT1825-L 23c. Dolt S9lod _ doy. '""" 24. Tnwoto..... 25. o.PIonouncedDMd(MonItl,day,ylll) ../: 31 .p, N Ja..t"I <> a..R. . CAUSE Of' DEATH (SotinolNdlono...........1 ... '0. Pare t Etier 1M ~ - diHues. ...... or ~ - hi dirlidlr' c:aUMd ... dNItt DO NOT n.1erfrNI wenIs ar:Ilu cardiIc... f'tilIpQIory Melt. 01 ~"Iion wiIhoul showftQ fie 1JIioQgr. DONOr IbbrMaae. EnIIf OA\OMtauIt on I line. =.~~:.-::~, 1'1A~+r.bll~c. t\.Clrl u5/~ - Outtojor....COfl:NqI.IInCtol): 26. WuCauRMnldto.liIedQl~ 2oo~ O~ONo : ~inw" n.rv.t PIlI I: EtW ohr smifaM condmM. CXlI'IlrtUintI kt liMlt..._ 21. , 0IINt to dNIft bwI no! rtlUblg in"'llndIrIrftg CMIM """ in PM I. . - o V... 0 No . n. Wer, AuIopsy FI'ldinoJ h'aUble Prior to CorrpIeOOn of Causa of Oealh? o Va 0 No 31 MaMet 01 o..Ih 0....... D_ 0....... 0 """"0.......... o SW:ide 0 CouIdNolBe~ 320.ll<Ie......._...'._1 3211. _""'.....0CCU01d: Oil T...... U. c-tuo.. o..? o V. 0 PIobobIy P(No 0_ 21. rF_ 0...__...._ o PregnMI at_ 01'" o "'_bo.t__<2doya ..- D NGlprlgNtll.bUI~43deyslol,. -- -,--.......- 33c. ...........,,___~.0Ib IMkIoo. "'-ISo>ocill b. Due to 101' U I constqUInCI 01): Due 10 (or IS I c:otlMqUInCIoI)' ~ WUIA AuIopey --. :z ci. 'V -C. --\-J ~ ,>- Z W o w u w Cl '"- o ~ z 32d. Tme of Injury 320........_1 a v. 0 No 32g.L..-(Slr....~_1 331. ~("*"""'...I CertIfying physCiM (Physician tef1ifying eauw 01 dNUl wtlen at'IOC/'Ier physician I\Is ptOnOUrc<<l dNlh and COfT1)WId 11Im 23) To thI best 01 "" 1tnowIed91. duUl occumd due 10 Ute cauM(s) ~nd manfMl'.u s~ ~----._--~.__.---~-....-~-......--._.__..__...__._[J Pronouncing aM certifying pl1rSCY" (Physic." both pronourti'lg dHlh and certilyng 10 cause 01 dellA) To the best 01 my knowledge, death occ~ ~I the time, date, IIIC1 pbc" ~nd due 10 the UUWCs) and marww as statlld..._______._..~_.__l...__...._ ......_0 ...."" ....-....... Oft s.is oI,u~"~ndJol invest N 336. OIl, S9"" _. doy. '""" ,. .' J.. \ - ~J (":".j - '\0 '\ ~j~ ( } 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 '~~ ~:,.j\ '\ J .' heretofore. ,j ,~ ~"'" \,: " j FIRST '\ 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 i ) ~ would like to be intered in Perry Heights in Marysville, . ..) "'-.1 , '\ \ .J " 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 I -' and inscription of a suitable marker for my grave. ;' 1 ,. ' 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. j\ j \\ \ THIRD I leave my diamond engagement ring and two wedding bands to Robert Lee Gregory. FOURTH ~ I leave the remainder of my jewelry to Susan L. McCann. '~ ,~ \ \ \",j \\ FIFTH , ) 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 \~ as Trustee, upon the following terms and conditions for Robert L. Gregory, born May 8, 1979: " .~ \ ,0 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; ,\ "" 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 3 r...'~-..." ~, '.\:'-J.i " \... '''-.J .~ ~ (.., "" ~'- " ) ." '--.j \ "-.) 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 4 ,~\ 'J 'l ~ ~ \ . ','~ "" '-.,.; ~,\ ,~( \ ,\J ',) 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 \ .~\ \ ,J }.J '-. Trust arrangements provided for herein. '\ \~ ,,',,'.! \' ,J 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 i \) \ J 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 6 ~~j 0- \ '\ \J ,'; "<<-. \, ~~, , ,~ "~ " "\'-..J " \-""';\" ',-J \ J ~ '-l '\' ~-,'-. 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 ^ i \\~ ....~~ \;) 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. . ',,,j '~ " \. <:-I c. To permit my son to occupy any real estate retained or acquired upon such terms and conditions as my Trustee shall deem ''.J 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. 8 ~> :.j .............. J "., ~ j \ i '''\ "'-, \ ',-I -"i 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. 9 ~ \.J\,\ I " , I '-\ " "<"~ \~, 'J \ " 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. 1. 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. 10 \'\ cJ~, ". '-' '-.) \~\ '-, '0 ,j X ,'\~ ",-.) 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. o. 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 /J /t~} " , 1992. :/ " 1 ))C'~~b~. ~' / r ~-'" ", ,7"' ~"-,:X_/L.L." "(SEAL) ;/ ;:.....-......- I c- 1.,/" " /'! ! 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. ;(J;{20/, ~sz/zA>/{ ~A cf cJi/~ ~ w~~ 13 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. / / //'. . ~. <,,"/1 '(;e.[;{.[ {A....-- C??/ 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. ~r:- WITNESS d Address 3.3<:> - ~~- ~ ~...L f'N /jo'3{ ) Address 71-5 9:Jt2O>1U,/ ~~LJ {2/}. C"/Yn~UJ/{/b /7C7// Address 53/ W4.jv'T....~ c..-J.j _ ~'-C1r'" VA I 7 b '{3 f2M7l"f. ~.. ?/!zf-4/1 WI NESS ~ A Ii '~c1tteetL W; TNE S I 15 Sworn to or affirmed and subscribed to before me by the above- named witnesses, this 19th day of May 1992. ,..;, 1", , } /fd~~ ;{ < /Jt~t-H L- 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" ( Witness my/our hand(s) this ~S"jj day of Affirmed and subscribed before me this v5+!t day of r:.JafluaYfj ~ GlibfrInADL/OLL/1 & Notary Public I 0C(V\ ,20b~ Q ~/-j2r~rr~. / ~ 0/ (Signature) ~OCJ Leot'lc:(t"d .s +- (Addre;..s) M4V"y.sUt'lI-e. f'~ l7b ~ , ~- My Commission Ex Ires: _....... ...,...., 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) ~.. (Signature) (Address) ~'..1 -,j (.~'::J \.~") \..D