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HomeMy WebLinkAbout04-11-06 Register of Wills of Cumberland County PETITION FOR PROBATE and GRANT OF LETTERS Estate of HELEN B. NEES also known as No. 2006 - To: , Deceased. Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania Social Security No. 131-09-9347 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 February 13 , 20 01 and codicil( s) dated n/a (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Carlisle Borough, Cumberland Pennsylvania, with h~last family or principal residence at 34 Cambridge Court, Carlisle, PA 17013 County , (list street, number and municipality) Decedent, then ~ years of age, died April 3 , 20~, at Carlisle, 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 (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: 34 Cambridge Court. Borough of Carlisle. County of Cumberland $ 118,000 $ $ $ 130,000 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.t.a.; administration d.b.n.c.t.a.) thereon. .J ~rnIOf~etitioner(S) (7~' ~-'1.J Residence(s) of Petitioner(s) 1240 Holly Pike, Carlisle, PA 17013 \; ::-..~ Cd. j L/ .0 v~o Register of Wills of Cumberland County OATH OF PERSONAL REPRESENTATIVE COMMONWEAL TH OF PENNSYL VANIA } SS: COUNTY OF CUMBERLAND 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 ofpetitioner(s) and that as personal representative(s) of the above decedent petitioner(s) will well and truly administer the estate ll~cording_to law>>", , Sworn to.or affirmed and subscribed {J); p~ 7J ulUvv Before me this 10 I h day of Clprll , 20 0& \,/J aci' =' ~ a '""'l A ~ ,~. '1tlVU~ --Aii~adrau d J ,--111 A ~,.J /J,.. ~1...Be!<ister (J - - -r~' I~:r ~ No. 2006- Estate of HELEN 8. NEES , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW this II +h day of April 20~, in consideration of the petition on the reverse side hereof, satisfactorr proof having been presented before me, IT IS DECREED that the instrument(s), dated February 13, 200 , described therein be admitted to probate filed of record as the last will of Helen 8. Nees ; and Letters are hereby granted to Mari N. Killian FEES Probate, Letters, Etc. .."......... $ Will ................................. $ Renunciation....................... $ Short Certificates (0) ............ $ JCP.................................. $ Automation Fee................... $ Bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... $ Total $ Filed apr j J IJof/1 20~ 310.00 15.00 '-1t<A1Ll -41A~ RegisterofWi1ls~ '-1r~ ~ oma E.FIO~~ Attorney (Sup. Ct. J.D. No.) Saidis, Flower & Lindsay 2109 Market Street, Camp Hill, PA 17011 Address ;l L/-. tJ 0 lO ' 00 5.00 3iP4. alJ (717) 737-3405 r, ~. ';~ 1 l'._' Phone L2=8 T hi.. is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as L',K,l! 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. ~~.~~~~ Local Registrar Fee for this certificate, $6.00 p 1~2534814 APR 6 ?nnfi Date ~.,.......~ co . . N 0:' Hl05,143 REV, 0212006 TYPE / PRINT IN PERMANEHT BlACK INK 1, Name 01 Decedent (Firsl. midde. lasl. suffix) COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH . VITAL RECORDS CERTIFICATE OF DEATH 84 May 31,1921 Stafford County VA Residence 0 0Iher . Specify: 10, Race: American Indial. Black, While, elc, (Specif)l) . White 6\ I. Cumber land . 11, Dececlenfs Usual Occu ion Kind 01 worII done durin most 01 worIIJ lie, Do nol slate retred Kind 01 Worl< KInd 01 Busi1ess /Industry Own Home 6, Dale 01 BirtI1 Monlh, d , ar 7, Birthplace Ci and slale or . Sb, County 01 Dealh &I, Facifily Name (Knot institution. give street and m.mber) 34 Cambridge Court 34 Cambridge Court , 2, Was Decedent ever in the 13, Decedenfs Education (Specify only highest grade completed) U,S, Armed Forces? Elementary J Secondary (0-12) College (1-4 or 5+) DYes 5t)No 12 Decedent's AclUaI Residence l]a, Slate 14, Marital Status: Ma1ied, Never Manied, ~. Divorced (SpeciIy) Widowed PA 17c, 0 Yes. Decedent Uved in 17d, Q ~=oIUYedwilhin Twp. Iil ~ ~ . ~ 17b. County Carlisle CIty I Boro ~11mhPrl.=1nn 19, Mother's Name (First, middle. maiden sumame) Fannie Cox 2Gb. Informalrs Malting Address (Slreet. city / town, Slate, zip code) 1240 Holly Pike, carlisle, Pa 17013 21b, Dale of Disposition (Monlh. day, year) 21c. Place 01 Disposjtion (Name of cemelef'j, cremalOl'f or other place) 21d. Location (City /1oWn, slale, zip code) May 26, 2006 Arlington National Cemetery Arlington, VA 22211 22c. NarnuldAddressofFacilily Hoffman-Roth Funeral Home er Complele IIems ~ only when certifying physician is not available aI 'me 01 death \0 certify cause 01 death IIems 24-26 musl be completed by pefSOf1 who pronounces death, 23c, Dale Signed (Monlh, day. year) 24, Time of Dealh 9: 45 pn 25 Dale Pronounced Dead (Monlh, day, year) 1.4, April 3, 2006 CAUSE OF DEATH (s.. instructions and a.amp"') 118m 'lr PART I: Enter!he~, diseases, injuries, or complications - that dreclly caused !he dealtt DO NOT enler lerminal events such as cardiac lIITeSl. respirany arrest. or venl1icular fibriftalion without showing the eliology, List only one cause on each line =~~J~~:~dise~ E' I{'..L.~ sto'9 <<..~w- T Due 10 (or as a conoequence 00 D\~{y~ ~~sn+>~ L~'u) D ~ c.. .S ..J-e-~j iJ' 26, Did Tobacco Use Contribute 10 Death? DYes 0 Probably o No 0 Unknown ~emaIe: . U Nol pregnant within past year o Pregnalt at lime of death o Not pregnant. but pregnall within 42 days 01 death o Not pregnanl. bu1 pregnanl43 days 10 1 year rA death o Unknown n pregnant within the past yew 32c. Place of Injury: Heme. Fann. SInleI. FaclOry, Office Building, etc, (Specify) : Approximate inlerval: : Onset 10 Dealh ~liaIy list conditions, n alY, . \0 cause listed on line a. Enter UHDERL YING CAUSE (disease or injury that initialed lhe e_ts resut.ng '" dealh) LAST. Due to (or as a conoequence 00: Due 10 10' as a consequence DO' o Yes ~ Dyes 0 No 31, Malner 01 Dealh ~aluJal 0 Homicile o Accident 0 Perdlng Investigation 32d. Time oIlnjul)' o Suicide 0 Could Not be Determined 32g. Location 01 Injury (Slreel. city J town, Slale) :lOa, Was an Autopsy Performed? lJIJ, Wete Autopsy FIndings Available Prior 10 Compelion 01 Cause of Death? ~ Iil :t. ~ I 321, K Transportation Injury (Specify) o Driver / Operalor 0 Passenger 0 Pedestrian M DOIher - Specify: 33a, Ctrtlfler (check only one) 33b, S'8re and Title of Drier . CertHylng ~1c:1an (Physician cerlilying cause of death when another physician has pronounced. death and completed IIem 23) ~ ~ '1 A . - To the best of my knowledge. duth oc:curm due 10 the cause(l) Ind manner II Slate1l_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.JO V "- . Pronouncing Ind eertifying physician (Physiciill both pronouncing dealh and certifying to cause of dealh) 33c:. License Number 33d. Date 7ned (Monlh, day. ye.) To Ihe belt of my knowlldge, de.eth~Urmlllhellme,date,end pl_,and due lolhec:ause(I) and mann......tat!d_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __...0 M:0.. -() li >(/))O 0/-E L1 riQ t_ . Mldlc8l Exllllln.../ Coroner I I ,U T T, j t ~ On the balls of eumll\llion Ind I or InYntlglllon, In my opinion, dNIh ~uned Illhe llrne. dlle. and place, Ind due to Ihe ClUse(S) snd manner II IlI\fl! _...0 34, Name and Address of ~ ~ Competed rBUse of Dealh (ttem 27) Type I Pm.t ~!; ~~allnand~ 36. Date FOOd (Monlh.day, year) , ~yV'- t}, ~"t ~ I wvO . ~~. ~~&.-Q I~ I ria..l \ 10 I ~ () '-Z--:(..~ v.h\5~ -5+. Lo-.,y-(LSkj fJ fT- (See instruction and examples on reverse) /f)<J13 'j LAST WILL AND TESTAMENT I, HELEN B. NEES, of the Borough of Carlisle, Cumberland County, Pennsylvania, being of sound mind, disposing memory and full legal age, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me. ONE. I direct my Executor or Executrix, as the case may be, to pay all of my debts, funeral and administrative expenses as soon as convenient after my decease. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property composing of my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid by the Executor or Executrix of my estate. TWO. My Executor or Executrix may, at his or her discretion, compromise claims, borrow money, retain property for such length of time as he or she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as he or she may deem proper; and invest estate property and income without restriction to legal investments unless othenvise provided hereunder, T authorize and empower my Executor or Executrix to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefor, in fee simple, as I could do if living. My Executor or Executrix is authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executor or Executrix. InitiaJ} 13 if) ~ j f J THREE. I give, devise and bequeath all of my estate of whatever nature and wherever situate in equal shares to my children, MARl N. KILLIAN, LYNNE N. LEWIS and EUGENE C. NEES, per capita, which provides that if one of my children is deceased the remainder of my children then living shall take the share that child would have taken if living. FOUR. In the event of a common disaster causing the death of myself and all of my children all within a period of sixty (60) days, I then give, devise and bequeath the rest, residue and remainder of my estate in equal shares to all of my grandchildren, per stirpes, which provides that the child or children of any deceased person shall take the share their parent would have taken if living. FIVE. I hereby nominate and appoint MARl N. KILLIAN as Executrix of this my Last Will and Testament. If she predeceased me, failed to qualify or is not able or does not serve for whatever reason, I then appoint LYNNE N. LEWIS, to be the Executrix of my estate. In the event that she has predeceased me, failed to qualify or is not able or does not serve for whatever reason, then in her place I appoint EUGENE C. NEES, to be the Executor of my estate, whereby both substitute Executors shall have the same powers as the original Executrix hereunder. SIX. If, under any of the provisions of this Last Will and Testament, any principal becomes vested in a minor, my Executor or Executrix, as the case may be, including any administrator c.t.a., shall have the discretion either to pay over such principal or any part thereof to any parent of such minor, any guardian of the person or estate of such minor, or any person with whom such minor resides, or to retain the same as trustee of a power in trust for the benefit of such minor during his or her minority. Any of the principal thus retained, and any of the income therefrom, including the whole thereof, may be paid to or applied for the benefit of such minor from time to time in the discretion of the trustee of such power. When such minor reaches InitiaJ.! 13 d\. 2 majority, the funds so held shall be paid over to such person, or, if he or she shall sooner die, to his or her legal representatives. In so holding any principal or income for any minor, the trustee of such power shall have all the rights, powers, duties and discretions conferred or imposed upon my fiduciaries acting under this Last Will and Testament. I further direct that no bond shall be required from any person receiving a payment hereunder and receipt from such person shall be a full discharge to the trustee of such power who shall not be bound to see to the application or use of such payment. The trustee of such power shall be entitled to commissions at the rates and in the manner payable to a testamentary trustee. SEVEN. No person( s) shall benefit hereunder unless such beneficiary shall survive me by sixty (60) days. EIGHT. No Executrix, Executor, or Trustee acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK] Initiaf....lllB t1\ 3 NINE. No beneficiary may assign or anticipate his or her interest in any income or principal held or distributable hereunder; and no beneficiary's creditors may attach or otherwise reach any such interest. IN WITNESS WHEREOF, I have hereunto set my hand and seal this & day of February, 2001. ~/J...J A. t1\..e.L4J(SEAL) HELEN B. NEES Signed, sealed, published and declared by the above-named person as and for a Last Will and Testament, in our presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set our names as subscribing witnesses. 4 I . .. . ACKNOWLEDGMENT AND AFFIDAVIT WE, HELEN B. NEES, MARTHA L. NOEL and CHERYL L. CLELAND, the testatrix and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her last will and that she had signed willingly, and that she executed it as her free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the will as a witness and that to the best of their knowledge the testatrix was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. CQ ("\J cu c COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by HELEN B. NEES, the testatrix herein, and subscribed and..~ to before me by MARTHA L. NOEL and CHERYL L. CLELAND, witnesses, this~d"ay of February, 2001. ~~'l1q:aMJtfWL Not ry Pu lie Notarial Seal Betzi A. Morrison. Notary Public Carlisle Boro. Cumberland County My Commission Expires Dec. 15. 2004 Member. Pennsytvania Association of Notaries 5