HomeMy WebLinkAbout06-06-06
Register of Wills of Cumberland County
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of IV\ AR 'AN K. NIi S ($ II
also known as
No. ;U - :2.0(-) (:; C '-i-
To:
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
, Deceased.
Social Security No. ~ () I O? S I S" 3
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older, and the execuw'l named in the last will of the
above decedent, dated 0 c. -, 0841: It 2. ~ ,20 0 Y
and codicil( s) dated
(state relevant circumstances, e.g. renunciation, death of executor. etc.)
Decedent was domiciled at death in Co v M a ~ (l., AND
Pennsylvania, with h~nl.ast family or principal residence at
1..%.03 f'AtI.lCS'Oc. ~d. c..A""PJ-I,..,
(list street, number and municipality)
County,
f?A. 17()/I
Decedent,thenY~ years of age, died Jr.JNt. '2.. ,200," ,at 3P"" ~ HD/r tpIIl,r !-IllS!?
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 ofreal estate in Permsylvania
situated as follows: 'Z. J. .,. J P A,.. &::s ,o~ Rei ~ PI /"1'\ P 1-1, ((, f'..a.
11 /0, 000
$ '1' 0, 00 o~ 1'-
$
$
$ />'0, 00 ()
17tJ II
WHEREFORE, petitioner( s) resRectfully request( s) the probate of the last will and codicil( s) presented
herewith and the grant ofletters 7' c S ,.. A "" ($I'JT p,. (\.y
(testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
thereon.
Si~nature(s) ofPetitio~
7:"~.-. 8 ~ /r
Residence( s) of Petitioner( s)
18"31;. I-!IHZ?e-r" 1<.",<,,, Vre. J BIl<:"",,-r~6(JO.IIV. '3702)
Register of Wills of Cumberland County
OATH OF PERSONAL REPRESENTATIVE
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COUNTY OF CUMBERLAND
COMMONWEALTH OF PENNSYLVANIA
The petitioner(s) above-named swear(s) or affirrn(s) that the statements in the foregoing petition are true and
correct to the best of the knowledge and belief of petitioner(s) and that as personal representative( s) of the above
decedent petitioner(s) will well and truly administer the estate according to law. _ ~ /
Sworn to. or affirmed al:d s~bscribed {/ ~ 'i3 ~--L.:r
Before me this (rlt!. day of
:) ~U~i.. ,20 0(,:
. .Jj(j/!/ir:L '--1Ci{j~\ ~<i/;'){L(j.laLifIIL-'
f:){'i.. 7n~:t&)lu: \1; d1.'fJ('(/:~feglster v
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No. Of,.' .{).fQ5
Estate of f'y'kZn [2,17 /V.f S b I f
SS:
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, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW ~'; :/../:.i! (~; i/'J 20 LX., in consideration of the petition on the reverse side
here!=>f, satisfact6fy proof having been presented before me, IT IS DECREED that the instrument(s), dated
CCf7)i.'t'1 .f? t( A .}:."-,I.. , described therein be admitted to probate filed of record as the last will of
/17t2/^/tJ.)7 ;.:' Nt:., b If; and Letters are hereby granted to -Theil)')-? (\ 13 /i!.('sl); l
FEES
Probate, Letters, Etc. .............
Will.................................
Renunciation... . . . . . . . . . . . . ... . . .. .
Short Certificates ~ :)) ............
JCP..................................
Automation Fee...................
Bond............................. ....
Total
Filed .~ .Lf1 / U'
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Address
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LAST WILL AND TESTAMENT
OF
MARIAN RUTH NESBIT
I, MARIAN RUTH NESBIT, of, 2203 Parkside Road, Camp Hill,
Cumberland County, Pennsylvania, declare this to be my Last Will
and Testament, hereby revoking all prior Wills and Codicils.
ITEM I. I direct that the expenses of my last illness and
funeral shall be paid from the funds of my estate.
ITEM II.
I give, devise, and bequeath all of my property,
both real and personal, of every nature and wherever situate, to
be shared equally by my children THOMAS BURNS NESBIT, JAMES BOYD
NESBIT and LINDA SUSAN NESBIT GALIZA, provided that they are
living on the Thirtieth (30th) day following my death.
In the event that any of my adult children fail to survive
me by thirty (30) days, I give, devise and bequeath the non
surviving adult child's share of my estate as follows:
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1. if my son, THOMAS BURNS NESBIT, should fail to survive
me, then his share shall be divided into equal shares as follows:
(a) one share to his wife, SUELLEN NESBIT;
(b) one share to his son, BRAD NESBIT, to be held In
the Trust according to the terms of Item III;
(c) one share to his son, ERIC NESBIT, to be held In
the Trust according to the terms of Item III;
(d) one share to his son, JAMES NESBIT, to be held
in the Trust according to the terms of Item III.
2. if my son, JAMES BOYD NESBIT, should fail to surVl ve,
then his share shall be distributed as follows:
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(a) Five Thousand ($5000.00) Dollars to JENNIFER
ANDERSON WEAVER;
(b) the rest and residue of his share to his wife,
SHEILA HARMAN.
3. if my daughter, LINDA SUSAN NESBIT GALIZA, should fail
to survive me, then her share shall be distributed as follows:
(a)
debts
of
surviving
children
any
my
or
grandchildren, owed to me or my estate shall be paid;
(b) the rest and residue of her share shall be
di vided equally among her surviving children to be held in the
Trust according to the terms of Item III.
4. if any of my children fail to survive me and leave no
descendants who survive me, then his or her share shall be
divided equally among such of my children who survive me, or
their descendants who surVlve me, as set forth in subparagraphs
1,2, and 3 above.
ITEM III.
I nominate, constitute and appoint THOMAS BURNS
NESBIT, Guardian of the person and Guardian of the Estate of any
minors who may take under this will, handling that minor's share
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of my estate upon the following terms and conditions:
A. To pay the income and so much of the principal as may
be necessary for the maintenance, support, medical expenses,
and
education,
including
and
college
education,
both
graduate
undergraduate, of my said children.
B. The amount to be paid out prior to final distribution
for the benefit of any minor's shall be determined by such need.
The said payments may be made by the Guardian directly to any
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minor's if In the sole oplnlon of my Guardian the said mlnor lS
of such age and ability to handle properly the funds so paid, or
may be made by the Guardian directly to the person having the
custody and care of any of the said minors, or may be made by the
Guardian directly to any institution entitled to such payment by
reason of services rendered or to be rendered to the said minor.
C. To pay the accumulated lncome and principal then
remaining in the Guardian's hands to the said minor's, share and
share alike, on the minor's twenty-first (21st) birthday.
If THOMAS BURNS NESBIT predeceases me or if for any reason
does not act or continue to act as such, I appoint JAMES BOYD
NESBIT Alternate Guardian in his place.
ITEM IV.
No interest of any beneficiary under this Will
or any Codicil hereto shall be subject to anticipation or
voluntary or involuntary alienation.
ITEM V.
No provision in this Will lS intended to exercise
any power of appointment.
ITEM VI.
In addition to powers vested in them by law, my
Executor and his successors shall have the following powers,
applicable to all property held by them, including all property
held for minors, effective without the order of any Court and
until actual distribution of all such property:
A. To retain any property received by them including the
stock of any corporate fiduciary acting hereunder.
B. To sell real estate for any purpose, publicly or
privately, for such prices and on such terms as they deem proper,
without liability on the purchasers to see to application of the
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purchase monies.
C. To compromise controversies.
D. To distribute in cash or kind or partly in each at
valuations fixed by them.
E. To hold investments in the name of nominee.
F. To receive reasonable compensation for services In an
amount not less than five percent (5%) of the value of my estate.
ITEM VII.
All taxes and interest and any penalties
thereon payable by reason of my death with respect to property
comprising my gross taxable estate, whether or not passing under
this Will, shall be paid from the principal of my residuary
estate.
ITEM VIII.
I hereby nominate, constitute and appoint
THOMAS BURNS NESBIT, Executor of this my Last Will and Testament.
If THOMAS BURNS NESBIT predeceases me or if for any reason does
not act or continue to act as such, I appoint JAMES BOYD NESBIT,
Alternate Executor in his place.
In the event that Thomas Nesbit
does not serve or is unable to continue to serve as executor, and
if James B. Nesbit is able and willing to serve as executor, then
I appoint James B. Nesbit as a substitute executor.
If neither
Thomas Nesbit or James Nesbit are able or willing to serve or are
unable to continue to serve, then I appoint my daughter Linda S.
Nesbit Galiza as substitute executrix in his place.
No fiduciary
acting hereunder shall be required to post bond or enter security
~n any jurisdiction.
IN WITNESS WHEREOF, I have set my hand and seal this
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Testament,
of which I
2004,
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which consists of f1::rl:::IY (~)
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have affixed my signature.
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to this my Last Will and
typewritten pages to each
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MARIAN RUTH NESBIT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF
We, MARIAN RUTH NESBIT, Testatrix,
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the
Testatrix and the witnesses, respectively, whose names are signed
to the attached or 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 Testament
and that she had signed willingly, and that she executed it as
her free voluntary act for the purposes therein expressed, and
tha t each of the wi tnes ses, in the presence and hearing of the
Testatrix signed the Last Will and Testament as witness and that
to the best of their knowledge the Testatrix was at that time
eighteen (18) years of age or older, of sound mind and under no
constraint or undue influence.
Testatrix )1t....C.~0~>,t() .-}L.i4._l.:1 residing at
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Witness residing at
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Witness
Subscribed, sworn to and acknowledged before me by MARIAN
RUTH NESBIT, Testatrix, and subscribed and sworn to before me by
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the witnesses, this),"'\. 1 'day of
('c..h_ ty.- C
2004.
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Notary Public
Notanal Seal
. Rose Arm. Fritz, Notary Public
CIty of l;Ia':l'lsburg, Dauphin County
My CommISSIon Expires Dec. 3\, 2006
Member, Pennsylvaru8 ASSOCiation of Notanes