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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:) Q 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: o 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 '. ; ',. .. . . " (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 . ~.> '-' 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 \ xi~d~~~~ O~ ~lJCUAllL R",;,~"f " ~ ~ ~\ &JJ~1 a--~~ - - 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 [) t~ p 12827442 '1 '. . / .~/- r: f ""\,,..-:L-<- "",-",- ,-:.-->-- 7 \ "-Gk-z..l ;.&0/ 2.<...:.. "t...j.~' . ~ ! \ ] "-i) J. A. ,..A.,. , - j' ~j / t ,. P' - -.) -, f24 -vlJ -LP'if3 l..j'il. 'I,~t h:,j,'iT"i r~iF<I,1~NL', T 6,,:..Cr ir.~, COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. 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Ud",IIT,U)",,1 lie HWle Faml Slr(-€t f,i1JOfl loll ISpl1'C,{iJ :lUd Wasanf-dlu(.Js, hollo,ln,'_l fOb ~id Certlhe, Ld.(."-.:~ ol,ly c,r'~'i ~~7::':::ii~r~l;~,\,~:',~g'::I~e~~I~'~c~~~J;~ ~lu~\,~I;hJ.~'~~U~~~(~lfl:~~~'~'~~~~r;da5/;~~;,:~t~~ ~~~'!: '~'~ '~'~~~C~J_Il~i1~ 2~!_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ..D ~~ol~:u:::~~\~,,::, ~~:~:~:.h:~~~i:~~~I:f::; ~~I~i~~I,'~~;~',I);n~I:~:~Ld~:ui~~I,J~~~I~'I~:u::~0~e~~~1~I~d manner is ~talltd~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ D ~~~le..~~:~~l~;'::~~?r:~;:~~ lIod I Of In~esl"illlh.;ln. III my opmlOll, death occurred elllle hOle, d<lle, Ind plllU, '!lU dlJ~ It; Inti ~eult8ilJ Ind mluner.. 'Ialf~ _ .IJ /---f),L ~ J vel is? o J j:; Re<j J(~ S"]flJ1uIe ano DI~I!ld Nurnbt:r j ~ "--u> /~y/ 7<'// 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, - 6- (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 5'Lk. ~..4! , 'I .'/ ,/ " , 2002, at Harrisburg, Pennsylvania. and Testament, on ':~~:o IH! 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 o. ,.. 0. ..(;; I' J} ---;4 .' .~ (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. . I l/ffk~S~:iC y. vLc/?r; /1(/ I \ ..,j) /')\ '.(/ M:~~LL:1y ~~~E ~~~,~. 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 / \fll('"'(I . c . \, (1 -t~{ (I J LA ~cr>tl-(.<[hIC\) WIt ess '~ " -t ---I 'j' ", t; " I .' . " / ..-J--' ~7'<' /1.{ fZ( ,~./ I /L../!'l:>,I/2 I, .. , J Witness .. i 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 - 8,