HomeMy WebLinkAbout02-08-06
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of JULIA P. KINNARD
also known as
No.
To:
~ 1-001- 0 l'~ '7
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
Deceased.
174-20-5948
Social Security No.
The petition of the undersigned respectfully represents that:
Your petitioners are 18 years of age or older and the Executors named in the last will of the
above decedent, dated March 1, 1999, and codicil(s) dated [none].
Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or
principal residence at 90 Shag Bark Lane, Plainfield, Dickinson Township.
Decedent, then 89 years of age, died January 27, 2006, at 90 Shag Bark Lane, Plainfield,
Pennsylvania.
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: None
t;unesti~ted
$' .
$~d
$ . r',
WHEREFO RE, petitioner respectfully requests the probate of the last will and codicil€ s) presented
herewith and the grant of letters Testamentary thereon.
C:~4~/C-~~
Cable S. Kmnard
90 Shag Bark Lane
P.O. Box 192
Plainfield, P A 17081
(717) 249-3327
onathan P. Kinn rd
4751 Leeds Lane
P.O. Box 113
Hume, VA 22639
(540) 364-3216
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEAL TH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
The petitioners above-named swear or affirm that the statements in the foregoing petition are true
and correct to the best of the knowledge and belief of petitioners and that as personal representatives of
the above de,,'edent, petitioners will well and truly administer the estate a~cord:ng ,to law. /J
Sworn to or ~ffirmw and subscribed a~ S (~~ .-<~~ I
f9re me thIS '6 day o,f ~'., G Ie S. Kmnard,"1 " v
mRu , . CO ,(' /''\.- '/-
Lc ' _/ onathan P. Ki ard
, .~ ~egistt?r i.
Fl V'll IJ~P- ~
No. "/-Qlf; -otA'7
Estate of Julia P. Kinnard, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW, F213RLU11<.\{ ~ I O~ consideration of the petition on the reverse side
hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument dated March 1, 1999, described therein be admitted to probate and
filed of record as the last will of Julia P. Kinnard and Letters Testamentary are hereby granted to Cable
S. Kinnard and Jonathan P. Kinnard.
Probate, Letters, Etc.
Short Certificates( -5 )
~~p'~i~r~iLP-E(~
TOTAL
$ 0/0.00
$ ).().{> ()
$ {5..DC
$ \5.00
$ 3{pO.()O
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/ ~'. '.._.' ~.r. e.. gl'S. ter of Wills f_E>U~"~. ~).,~ .,----
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Ivo V. Otto III, Esquire (27763)
ATTORNEY (Sup. Ct. J.D. No.)
MARTSON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Will Book #
Page
FEES
Filed
FIFILESIDAT AFILEIEST ATESI8608.1.letters.tes
IIlO:"XO,'i RFV I/O:;
This is to certify that the information 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.
No.
~.~~.~\h,"~
Local Registrar
Fee for this certificate. $6.00
p
12269440
JAN 2 8 .2006
Date
;-\
\ \
-.-
--
u2
H105.143 Rev. 01106
TYPE/PRINT IN
PERMANENT
BLACK tNK
1. NameofOecedenl(FirSl.middle,last)
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH' VITAL RECORDS
CERTIFICATE OF DEATH STATE FILE NUMBER
Yrs.
3. Socia! Security Nurrber 4. Dale or Death (Month. day, year)
Julia P. Kinnard
5. Age (Last birthday)
174 - 20
Jan. 27, 2006
89
Scranton, PA
ea. Place 01 Death Check on one
Hospital: Other'
o In tienl 0 ERIOut tient 0 DOA 0 Nursin Home
9. Was Decedool 01 Hispanic Origin?
Q[No 0 Yes (lfyes, specify Cuban,
Mexican. Puerto Rk:an.etc.)
JK Residence 0 Other-
10. Race: American Indian. Black. WMe, etc.
(S_
White
8. 8ir! lace G and slaleor lore'
Bb. County of Death
i. Cumberland Dickinson Twp.
11, Decedent's Usual Oc tion Kind 01 work done durin ITDsl or workin life; do not slale retired
Kind or Work K"md 01 Buslnessllndushy
Hanemaker Her awn hane
... 16. Decedent's Mading Address (Streel. cityAown, slale. zip code)
13. Decedent's Educalion ecl on h' hest rade ted
Elementary/Secondary (0-12) 4 College (1-4 or 5+)
14. Marnal Stalus: Married, Neller rrerried, 15. Survi\ling Spouse ~I wile, give maiden name)
Di~r"~ (Spoorn
17b. County
Cumberland
~e~~edent 17c.XJ: Yes, Decedenl liIIed in Dickinson
Townsh~?
Two.
Box 192 (90 Shag Bark Lane)
Plainfield, PA 17081
17d. 0 No, Decedenllived within
Actual Umits of
CifyJBoro
'8. Falher'sName(First,middle,lasl)
19. Mother's Name {First. middle, maiden surname)
Cole B. Price
lOa. Informanfs Name (Typelprint)
Gertrude
Lovell
20b. Informant's Mailing Address (Street, cityl1own, slale, zip code)
Cable S. Kinnard
Box 192 (90 ShagBark Lane), Plainfield, PA 17081
o Removal from Slate
o Donalion
Evans-Eagle Cremation Srvcs.
22c. Name and Address of Facility
ing Brothers Funeral Hane, Inc., Carlisle, PA 17013
21d. location (Cilyl1own, state, zip code)
Leola, PA
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U)
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21b.DateoIOisposition(Month,day,year)
21c. Place 01 Disposition (Name of cemelery, crematory or other place)
23b.licenseNurOOe'
23c. Date Signed (Month, day, year)
/ -;l7" ZU'(.
f2.NZZ1030 -L-
26. r; Case Referred ~ a Medical ExarrWierJCoroner?
Or Yes tJ '" -
Approlfimateinlerval: Parf!l:E!1terother inn' n 28. Did Tobacco Use Contnbutekl Death?
onset to death but nol resulting in the underlying cause gillen in Part I. 0 Yes 0 Probably
kHio 0 Unknown
i)'iY-'O
29. :%:~egnant wibin past year
o Pregnant at lime oldealh
o Nol pregnant, but pregnant within 42 days
of death
o Not pregnant, but pregnanl43 days to 1 year
beloredealh
o Unknown if pregnant wlhin the past year
32c. Place of Injury: Home, Farm, Street, Factory,Office
.......,"".(-
Sequenlially list conditions, if any,
leadinglo!tlecausebtedonUnea.
... Enter the UNDERl YlNG CAUSE
. (disease or injury thai initiated the
8\Ientsresullingindealh) LAST.
)!".{w:~.~
Due to (or as a consequence oQ:
J
~
DV" ~
d.
JOb. Were Autopsy Fmdings
Available Prior 10 CoFr4lletion
of Cause 01 Dealh?
DYes 0 No
31. Manner 01 Death
.~~l 0 Horncide
o Accident 0 Pendinglnvesligation
o Suicide 0 Coukl Not Be Oefemwned
32a. Dale of Injury (Month,day, year)
32b. Descrire how Injury Occurred:
3Qa. Was an Aufopsy
Performed?
32d. Time 01 Injury
r'., J' ,1
\'tL- ,<.;,l",
I "'Ie 12>.
32e. Injury at Work?
DYes .EJ"""No
321.
32g. location (Street, cilyl1own, slale)
M.
t)
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.,.
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33a. Certifier (Check only one)
Certifying physician (Physician certifying cause of dealh when another physician has pronounced death and COfTllleted lIem 23)
To the best of my knowiedge, death occurred due to the eause(sl and manner as slilted.._____..___..... ... .......__........._._.._... ............,..0
Pronouncing and certifying physician (Physician both pronouncing death and certifying 10 cause of death)
To lhe best of my knowledge, death occurred al the time, date. and place, and due to the cause(S) and manner as slated.....
Medical examlnerlcoroner
On the basis of examlNltlon and/or Investigation, In my opinion, death occurred at the time, date, and place, and due 10 ll\e cause(s) and manner as stated.
r~'SSignati\:~=~~
]V
1d,lll.9...1 \ IDI
(See instructions and examples on reverse)
F IFlLESIDA T AFlLEI WILLSI8608A. WIL
LAST WILL AND TEST AMENT
I, JULIA P. KINNARD, of Dickinson Township, Cumberland County, Pennsylvania, being
of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last
Will and Testament, hereby revoking any and all former Wills or Codicils by me made.
1.
I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and
all inheritance taxes (whether such taxes may be payable by my estate or by any recipient of any
property) shall be paid from my residuary estate as soon as practicable after my decease and as part
of the administration of my estate. My 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.
2.
In order to equalize the overall distribution of my estate to my children, having made certain
gifts to certain of my children prior to my death, I give and bequeath:
To CABLE S. KINNARD, the sum of One Hundred Fifteen Thousand Dollars
($115,000.00);
To JONATHAN P. KINNARD, the sum of Seventy-Five Thousand Dollars ($75,000.00);
and
To RUSTER KINNARD, the sum of Five Thousand Dollars ($5,000.00),
with the proviso that each such sum shall be increased by multiplying such sum by a fraction, the
numerator of which shall be the Consumer Price Index for the month of my death and the
denominator of which shall be the Consumer Price Index for February, 1997. The Consumer Price
Index referred to herein shall mean the Consumer Price Index for All Urban Consumers (l982~1984
100) published by the U.S. Department of Labor, Bureau of Labor Statistics. tn the event
'J.~.k,
J.~K.
Page 1 of 4 Pages
C~,
publication ofthis index is discontinued, any similar index published and recognized by the financial
community as a substitute therefor shall be utilized in its place.
3.
I give all of the remainder of my estate unto my children, RUSTER KINNARD, JULIA
KINNARD HOWE, CABLE S. KINNARD and JONATHON P. KINNARD, in equal shares,
absolutely.
4.
I nominate, constitute and appoint my sons, CABLE S. KINNARD and JONATHON P.
KINNARD, as Executors of my estate. In the event either is unwilling or unable to so act, then the
other shall act alone. In the event neither is willing or able to so act, then I so appoint my daughter,
JULIA KINNARD HOWE. In the event she is unwilling or unable to so act, then I so appoint my
son, RUSTER KINNARD.
5.
I direct that my Executors shall not be required to file a bond to secure the faithful
performance of their duties in any jurisdiction.
6.
I authorize and empower my personal representatives, in their sole and absolute discretion,
to purchase or otherwise acquire and retain any investments of which I die seized or any real or
personal property of any nature; to sell, lease, pledge, mortgage, transfer, exchange, dispose of or
grant options in regard to any or all property of any kind forming a part of my estate for such terms
and such prices as they may deem advisable; to borrow money for any purposes connected with the
protection and preservation of my estate; to mortgage or pledge any real or personal property
forming a part of my estate or to join in or secure the partition of same; to compromise any claims
or demands of my estate against others or of others against my estate; to make distribution in kind
J ,~ b.,..
J.P.K.
Page 2 of 4 Pages
and to cause any share to be composed of cash, property or undivided fractional shares in property
different in kind from any other share; to employ agents, attorneys and proxies and to delegate to
them such power as my personal representatives consider desirable and to pay reasonable
compensation for such services as may be rendered by such agents, attorneys and proxies; and to
execute and deliver such instruments as may be necessary to carry out any of these powers. In
addition, I direct that my personal representatives shall have the power to conduct an inventory of
any safe deposit box necessary to the administration of my estate.
IN WITNESS WHEREOF I have hereunto set my hand and seal this I~T day of
yy, 0.. r cJ,
,1999.
~ ~ e k~ (SEAL)
Julia P. Kinnard
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, have hereunto subscribed
our names as witnesses thereto, in the presence ofthe said Testatrix and of each other.
~C\
~ ~iA.~
Page 3 of 4 Pages
COMMONWEAL TH OF PENNSYL VANIA )
: SS.
COUNTY OF CUMBERLAND )
I, Julia P. Kinnard, 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; that I signed it willingly; and that I signed it as my free and voluntary
act for the purposes therein expressed.
'y::J J~ f K~
Julia P. Kinnard
I .' Sworn or affirmed to and acknowledged before me by Julia P. Kinnard, the Testatrix, this
sT day of (Y\tt~--cP, , 1999.
(! . :Z)~
_$'Li'<.,ui( ; nt;} "'" ~
Notary Public (
Notarial Seal I
Corrine L. Myers. Notary Public
. Carlisle Boro, Cumberland County ,
I ~j1y Commission Expire'; May 27, 192J !
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
We, :r vo V. otto ;-rIf- and DtrH0e.. J.....~
the witnesses whose names are signed to the attached or foregoing instrume~ng duly qualified
according to law, do depose and say that we were present and saw Julia P. Kinnard, the Testatrix,
sign and execute the instrument as her Last Will; that the Testatrix signed willingly and that the
Testatrix executed it as her free and voluntary act for the purposes therein expressed; that each of
us, in the hearing and 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 ye s of age, of sound mind and under no
constraint or undue influence.
Address
~Jl
Address
Sworn or affirmed to and subscribed before me this } S r day of VY\ t'c re.f\
/1 '_-1"--
( J~~-<(", -:x ~~~.aJ
N~tary Public
,1999.
Notaria: Seal
Corrine L. My'?rs, Notary Public
Carlisle Bora, C'~;c8rland County
My Commissic:: E;:,,~ May 27, 19:: ~
Page 4 of 4 Pages