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
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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&
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,--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
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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
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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)
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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\.
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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\
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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
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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
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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