HomeMy WebLinkAbout08-02-06
BEFORE THE REGISTER OF WILLS, CUMBERLAND COUNTY, PENNSYLVANIA
PETITION FOR GRANT OF LETTERS
Estate of Mary Kay Love
also known as
No.I-2/- OLP - ul'j
Mary Kay Love
, Deceased
Social Security No. 360147249
Mary Lynne Love
Petitioner(s), who is/are 18 years of age or older. apply(ies) for:
(COMPLETE "A" OR "B" BELOW:)
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A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut rix_ named in the Last Will of the
Decedent, dated 7/8/2002 and codicil(s) dated
State relevant circumstances, e.g., renunciation, death of executor, etc
Except as follows, Decedent did not marry, was not divorced and did not have a child born or adopted after execution of the documents offered
for probate; was not the victim of a killing and was never adjudicated incapacitated:
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B. Grant of Letters of Administration
(c.I.a., d.b.n.c.l.a.: pendente lite, durante absentia: durante minoritate)
Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse
(if any) and heirs:
I Name Relationship Remdence . . I
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. c::;
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal
residence at 490 Fairway Drive, East Pennsboro Township
(list street, number and municipality)
Decedent, then 86 years of age, died July 28 ,2006 ,at 490 Fairway Drive, Camp Hill, PA 17011
(Location)
Decedent at death owned property with estimated values as follows:
(if domiciled in PAl All personal property......................................... $
(if not domiciled in PAl Personal property in Pennsylvania .................... $
(If not domiciled in PAl Personal property in County.............................. $
Value of real estate in Pennsylvania ........................................................................................ $
Total ..................................................................................................................... $
2,800.00
195,580.00
198,380.00
Real Estate situated as follows:
490 Fairway Drive, East Pennsboro Township, Cumberland County, Pennsylvania
Wherefore, Petitioner(s) respectfully request(s) the probate of the Last Will and Codicil(s) presented with this Pellition and the grant of letters in
the appropriate form to the undersigned:
Typed or printed name and residence
Ma L nne Love
1108 Grandia Flora Drive MechanicsburQ, PA 17055
RW-7
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the foregoing PetitiorL~e true
and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representativa(s) of theDecedent,
Petitioner(s) will well and truly administer the estate according to law." >
Sworn to and affirmed and-.\subscribed X 'CJ1;..I' ~ ~^;) oz:~
no Mary LynrrO~
before me this ~. day of J
Estate of Mary Kay Love
also known as
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Deceased
3
No. ~ -Ci\..Q -lJfi5:"it-
Social Security No: 360147249 Date of Death: 7/28/2006
AND NOW, Au"ust ~ 2006
~ , in consideration of the Petition
on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters IE) Testamentary 0 of Administration
are hereby granted to Mary Lynne Love
(c.I.a., d.b.n.c.t; pendente lite; durante absentia; durante minoritate)
in the above estate and that the instrument(s), if any, dated July 8,2002
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
FEES
Letters.................................... $
5)(~Ll
Short Certificate( s) ...............
$
$
$
$
$
$
Inventory & Tax Forms............. $
Other . At,J.~9.r:I:v;:t.~i.9n. F.~.~............ $
Renunciation ..........................
Affidavit ( ) .......................
Extra Pages ( )..............
Codicil N.V.i!I...........................
JCP Fee .................................
TOTAL .............................$
RW-7A
260.00
20.00
15.00
10.00
5.00
310.00
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Attorney
Attorney: Jan L Brown
I.D.No: 67993
Address: 845 Sir Thomas Court Suite 12
Harrisburg
Telephone: 717-541-5550
DATE FILED: 8/2/2006
PA 17109
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LAST WILL AND TEST AMENT
OF
MARY KAY LOVE
I, MARY KAY LOVE, of Cumberland County, Pennsylvania, declare this to be my Last
Will and Testament. I revoke all other Wills and Codicils that I may have previously made.
Article I
My just debts and expenses of my last illness, funeral, and administration of my estate shall
be paid by my Executor from the principal of my residuary estate as soon as practicable after my
death.
Article II
All inheritance, estate, and succession taxes (including interest and penalties thereon, but not
including any generation skipping tax) payable by reason of my death shall be paid out of and be
charged generally against the principal of my residuary estate without reimbursement from any
person. This provision is not a waiver of any right which my Executor has to claim reimbursement
for any such taxes which become payable as the result of any property over which I have the power
of appointment.
Ii
Article III
I give, devise and bequeath in accordance with any memorandum which I have either
handwritten or signed, located with my Will or with my valuable papers and found within 30 days of
the probate of my Will. Gifts may only be to persons who survive me or to organizations which
exist at my death, and if there is a conflict, the memorandum having the latest date shall govern.
Article IV
All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever
situate, I give, devise and bequeath IN EQUAL SHARES to my daughters: LYNDA KAY
THILL Y, of Towson, Maryland; SUSAN KAY LOVE, of Mechanicsburg, Pennsylvania; and
MARY LYNNE LOVE, of Mechanicsburg, Pennsylvania.
In the event that L YNDA KAY THILL Y predeceases me or fails to survive me by thirty
(30) days, I give, devise and bequeath her share of my estate to her husband, WALTER
THEODORE THILL Y, of Towson, Maryland.
In the event W ALTER THEODORE THILL Y predeceases me or fails to survive me by
thirty (30) days, I give, devise and bequeath LYNDA KAY THILL Y's share of my estate, of
whatsoever nature and wheresoever situate IN EQUAL SHARES, between SUSAN KAY LOVE
and MARY LYNNE LOVE.
In the event that SUSAN KAY LOVE predeceases me or fails to survive me by thirty (30)
days, I give, devise and bequeath her share of my estate, of whatsoever nature and wheresoever
situate IN EQUAL SHARES, between LYNDA KAY THILLY and MARY LYNNE LOVE.
- 2 -
In the event MARY LYNNE LOVE predeceases me or fails to survive me by thirty (30)
days, I give, devise and bequeath her share of my estate, of whatsoever nature and wheresoever
situate IN EQUAL SHARES to MARY LYNNE LOVE's living descendents, Per Stirpes. In the
event MARY LYNNE LOVE leaves no living descendents, then I give, devise and bequeath her
share of my estate, of whatsoever nature and wheresoever situate IN EQUAL SHARES to SUSAN
KAY LOVE and LINDA KAY THILL Y.
Article V
If a beneficiary under this Will has not attained the age of twenty-eight (28) years, the share
of the beneficiary shall be placed in a separate trust, for the benefit ofthat beneficiary according to
the terms in Article VI.
Article VI
In the event that a Trust is created by or as a result of any part of this Will, the terms and
conditions of the Trust shall be as follows:
A. To expend and apply so much of the net income and so much ofthe principal of the
Trust as the Trustee shall consider advisable for the support, health, care and education (including
college, trade school, or other similar training or education) ofthe child until the child attains the age
of twenty-eight (28) years.
B. Upon attaining the age of twenty-two (22), one-fourth (114) of the principal and
accumulated income, of the child's share shall be distributed outright to the child.
- 3 -
C. Upon attaining the age of twenty-five (25), one-fourth (1/4) of the principal and
accumulated income, of the child's remaining share shall be distributed outright to the child.
D. Upon attaining the age oftwenty-eight (28), the remaining principal and accumulated
income of the child's share shall be distributed outright to the child.
E. No beneficiary or remainderman of this Trust shall havt: any right to alienate,
encumber, or hypothecate his or her interest in the principal or income ofthe Trust in any manner,
nor shall any interest be subject to claims of his or her creditors or liable to attachment, execution, or
other processes of law.
Article VII
In order to carry out the purposes of the Trust established by this Will, the Trustee, in
addition to all other powers granted by this Will or by law, shall have the following powers over the
Trust estate, subject to any limitations specified elsewhere in this Will:
(a) to retain in the form received and/or to sell either at public or private sale, any real
estate or personal property except that which I specifically bequeath herein,
(b) to manage real estate,
(c) to invest and reinvest in all forms of property without being confined to legal
investments, and without regard to the principal of diversification,
(d) to exercise any option or right arising from the ownership of investments,
(e) to compromise claims without court approval and without consent of any beneficiary,
- 4-
(f) to file fiduciarylincome tax returns and pay the tax due for any year for which such a
return is required,
(g) to make distributions in cash or in kind, or in both, and to determine the value of any
such property,
(h) to employ any attorney, investment advisor, or other agent deemed necessary by my
Executor; and to pay from my estate reasonable compensation for all their services,
(i) to conduct along with or with others, any business in which I am engaged in or have
an interest in at the time of my death, and
(j) to receive reasonable compensation in accordance with their standard schedule offees
in effect while their services are performed.
Article VIII
I hereby appoint my daughter, L YNDA KAY THILL Y, as Trustee of any Trust(s) created in
this Will. In the event of the renunciation, death, resignation, or inability to act, for any reason
whatsoever of LYNDA KAY THILLY, I nominate and appoint my daughter, SUSAN KAY
LOVE, as Successor Trustee of any Trust(s) created in this Will.
Article IX
I nominate, constitute, and appoint my daughter, MARY LYNNE LOVE, Executrix of my
Last Will and Testament. In the event ofthe renunciation, death, or inability to act, for any reason
whatsoever of my Executrix, I nominate, constitute and appoint my daughter, L YNDA KAY
THILL Y, successor Executrix of my Last Will and Testament. In the event of the renunciation,
- 5 -
death, or inability to act, for any reason whatsoever of LYNDA KAY THILL Y, I nominate,
constitute and appoint my daughter, SUSAN KAY LOVE, successor Executrix of my Last Will and
Testament. I direct that my Executrix or successor Executors be permitted to serve without bond and
in addition to those powers granted by law, I grant them power to distribute in cash or in kind in like
or in unlike shares and to file any qualified disclaimer I could have filed ifliving. My Executrix and
successor Executors shall receive reasonable compensation for services rendered to my estate.
Article X
In addition to the powers conferred by law, I authorize my Executrix and successor
Executors, in his/her absolute discretion:
(a) to retain in the form received and to sell either at public or private sale, any real estate
or personal property except that which I specifically bequeath herein,
(b) to manage real estate,
(c) to invest and reinvest in all forms of property without being confined to legal
investments, and without regard to the principal of diversification,
(d) to exercise any option or right arising from the ownership of investments,
(e) to compromise claims without court approval and without consent of any beneficiary,
(f) to file any federal income tax return for any year for which I have not filed such
return prior to my death,
(g) to make distributions in cash or in kind, or in both, and to determine the value of any
such property,
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(h) to employ any attorney, investment advisor, or other agent d(~emed necessary by my
Executrix; and to pay from my estate reasonable compensation for all their services,
(i) to conduct alone or with others, any business in which I am engaged in, or have an
interest in at time of my death, and
(j) to receive reasonable compensation in accordance with their standard schedule of fees
in effect while their services are performed.
IN WITNESS WHEREOF, I, MARY KAY LOVE, hereby set my hand to this my Last Will
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, 2002, at Harrisburg, Pennsylvania.
and Testament, on
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In our presence, the above-named MARY KAY LOVE signed this and declared this to be
her Last Will and Testament, and now at her request, in her presence, and in the presence of each
other, we sign as witnesses.
Name
Address
et-t~ Sir--1fYf)CYIS Ct.,. H~J) ~,\ 17/Cq
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(5J-.j'J 0u- dJ/J11)0:5 cf" 1 )01;- 1}/{/1
...)
- 7 -
I, MARY KAY LOVE, Testatrix, who signed the foregoing instrument, having been duly
qualified according to law, acknowledge that I signed and executed this instrument as my Will, and
that I signed it willingly as my free and voluntary act for the purposes therein expressed.
Sworn to or affirmed and
acknowledged before me by
MARY KAY LOVE, the Testatrix,
on JtA ,h; g ,2002.
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NOTARIAL SEAL
JESSICAA. HOLLAND, NOTARY PUBliC
, CITY OF HARRISBURG, DAUPHIN COUNTY
MY COMMISSION EXPIRES MARCH 4 2006
We, the undersigned witnesses who signed the foregoing instrument, being duly qualified
according to law, depose and say that we were present and saw the Testatrix sign and execute this
instrument as her Will; that she signed and executed it willingly as her free and voluntary act for the
purposes therein expressed; that each of us in her sight and hearing signed the Will as witnesses, and
that to the best of our knowledge, that she was at that time eighteen (18) years or more of age, of
sound mind, and under no constraint or undue influence.
Sworn to or affirmed and
subscribed to before me
. ' \ .J.. (\,
-_b., 'U (!
Notary Public
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Witness ..
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by ~\ \ey lY\. C)f::r ibl
and /fJ,p J1dQ F I--<FJ)hOft
witnesses, on '-1 - ~ I , 2002.
NOTARIAL SEAL
JESSICAA. HOLLAND, NOTARY PUBliC
CITY OF HARRISBURG, DAUPHIN COUNTY
MY COMMISSION EXPIRES MARCH 4 2006
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