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HomeMy WebLinkAbout09-20-06 , PETITION FOR PROBATE and GRANT OF LETTERS No. ~\ \J~ ~~~ To: Register of Wills for the County of Cumberland County in the Commonwealth of Pennsylvania Estate of Elizabeth D. Kirk Also known as , deceased Social Security No. 332-05-8682 The petition of the undersigned respectfully represents that: Your petitioner, who is 18 years of age or older and the executrix named in the last Will of the above decedent, dated June 20, 2002. Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at 123 South West Street, Carlisle, PA 17013. Decedent, then 93 years of age, died September 7, 2006, at Carlisle, Cumberland County, Pennsylvania. 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: _No Exceptions Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (If not domiciled in P A) Personal property in Pennsylvania (If not domiciled in P A) Personal property in County Value of real estate in Pennsylvania Situate as follows: 600,000 $ $ $ $ 650,000 WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters testamentary thereon. iJr r~ Yvon E:-Kirk 7100 Old York Road. Philadelohia. P A 19126 ,-") OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Ul co 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 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. ~ ~ /0VL- Y von E. Kuk Sworn to or affirmed and subscribed Before me this ,~ day of ~p-~ ~Hi~~ Register \ ,~...) co:::;) <C-:l< ("J,", ~.n ;-'-1 ;c.o ;".) ,'. . No. ~\ ~\Q% \ ~ Estate of Elizabeth D. Kirk, Deceased DEGREE OF PROBATE AND GRANT OF LETTERS AND NOW, September 18, 2006, in consideration of the petition on the reverse side hereof, satisfactory proofhaving been presented before me, IT IS DECREED that the instrument dated June 20,2002 described therein be admitted to probate and filed of record as the last will of Elizabeth D. Kirk and Letters Testamentary are hereby granted to Yvonne E. Kirk. FEES 151 {5D Probate, Letters, Etc.............$ 0 '0 Short Certificates (\~ . . . . . . . . . . . $ (00 .0 Rt;"Ull\'~~don... W J\.. r.........$ /5A:1) ~X:Pt,t0.I\ $ IS,O) Filed... .ql.t4'?-J.~T.~.~.:=..~............. I P. Andrews, Esquire 78 est Pomfret Street Carlisle, PA 17013 717-243-0123 15641 :~J j; "0 eJl o.j {]O".XO" REV 1111" This is to certify that the information here given is correctly copied from an original cer~ificate of death dulr filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records OffIce for permanent fllmg. WARNING: It is illegal to duplicate this copy by photostat or photograph. No. ~~l~ Fee for this certificate, $6.00 p 12838440 SEP 12 2006 Date ITEM # f/ -<:.. SI:l()~LI) RE~D ~F~L?i---F:;- '~~~./JjJ~~ ~'7~~ t2wn:.-#~ ( -) 1'"'..) c:::> t-:l C:J-- '~~}-j '.) ~\ .. \)~ ..~'1:> \~ U1 CD .:-,'~ 3 REV. 02J:1ln) "PRt/T IN ~ ACK NK 1. Name of 00aIdenl (mI. middle. Iasl, sufIIx) COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH · VITAL RECORDS CERTIFICATE OF DEATH Cumberland 11.lloo:8donl'1Us\llll l!1llIIlof .Donot_18IIred. KInd 01 WOrk Klndof~ 1 Industry Artist University 16. Oooodonl'. MalllngAdlhea(Sftel.tlyIPon, _. zlpc:cda) 123 South West Street Carlisle, Pennsylvania 17013 18. F8lher'. N.... (Frs!, rnilllIe.1asl, sufIIx) Harr Oliver Derrou h July 4, 1913 . 332 - 05 -8682 Sa. PI8ce of Death CIllld< one Hcs1litti: 0Ih0r: Champaign, Illinois mlnpllllonl OERI~nt ODOA ON....Home 9. WesOoclldlnlofHispri:OI9n? II] No OVes (il'l"ll.llpllClfy Cubon, Carlisle Regional Medical Center M"""",PuertoRk:lW1,n:.) 12. \YaI Decedent_In'" 13. lleeodents EclJcalIon (Speclyon/y I'ighustgnJde lXlIlIpIelod) 14. MlIllaI SlaIuo: MIr1Ied, Never MlI'IIod. U.S. Armed Forces? Elemenlllry / Soooo:III'J (0-12) CoIogo (1-4 or 5+} 'Mdowed. Dlwln:od (Sp<lcI\Ij Ov.. IlDNo 4 Widowed OIlcodenl't DId Oecedont Ac:Iu8lRlloldeoce 17..SIaIe Pennsylvania Uwlln. 17e. 0 Vos.OecodonlUYodin Cumb e r land TownohIp1 17d t:I No OocIIdonlUYod wtHn 17b.County.W ~UmltloI Carlisle 7. BI ace C and.laleor STATE FILE NUMBER 4. Oeto of Dealh (MonIl, dB'j, yoor) Se tember 7, 2006 5. Age (Las\ !li1hdBy) 93 VIS. Ilb. County of Dealh Elizabeth Derrou h Kirk lJnder 1 6. Dole of 8i1h MorIl. d Hcut _ Sd. FBCIty N.... (If not ~ gi>e _and numl>eI) O-.ce 00lher - SpadIy: 10. Race: AmerIc8n IndIM, BlOCk, While, etc. (Speci/yL White TW!>. CIlyIBcm 200. -....r. Nlrne (T11l8/ PrInt) 19. MoIIef's NIII1t {FltIl. mIdde, I!l8lden!llll8l1lll) Gertrude Gordon 200. lnfomIBnI'.MoIrG-(S1rBeI.tltyl_.-.zlpCXJ<le) 17109 Cremation Services, Inc. 17109 23b. l.IceMo IUltor 23e. Dole SIpd (Month. dllV. yoor) fer. Reeton Oller lhM Ctemliixl or DonoIion? 24 TIme of Ilealh 25. Dale Pronoonced DeBd (MonIl. day. rosl I ~ : ISo.. M 5 e.. '\- ~t\o\. b -e.r 7 ;;.coG:, Co\USE OF DEo\ TH {Sea IMlnICl1Ione and lee) . Ap!lIoldmeIe i>I$MI' 10m ZT. PART I: EnIBr 1ho ~: disBasBs. ilurios. or ~ -lhlll dIrwctIy l3JI8d 1ho dool!. DO NOT ente, IBrmlnBlllYllllls sud1 .. ClIlIiBc -. : Onsel kl Dealh . ""'l'irtIory...... or....ll'oJIa' 1btaticn....-..A1lhawlng1he BIidogy. Ustonly one...... on each line. ==s:=ldilleaBB...... .. gJt-H"- UD1/SfW1'J1I L cElUb/lO!/,l-S'C:Uue ACC'D'c,V ri Duo to (or..._aIl: b. c/lf-/LDi{2Hyal'4-TH . Doe to (or.. . conMquen08 ot'.l: I I 26. ~~toMedicel ~os 0 No Pat II: Enleral1erollPfit'".,tl'MllilinM _10-' but not..uI!ing il tho IIl'<1elIyilo CllIlS8 gNen m Pal I. J;tY/E'/2 ("L!~/OA/ 28. Old Tobecco Use Con1rlbuIe to lleatt1? o Yes 0 ProbebIy o No 0 Unknown 29. IlFemB1e: o Not pIllllI1ant wiIIin post year o PnqIlllll Bllime of d8Blh o No! pf8\11lIl1!. bul1lf"l1\81l1 wIttlft 42 days 01 death o Not pIIlllnenl. bit pI"9fllI1t 43 days 10 1 yoor 01 deBIh o UnknoWn If pregnant within the past year 32c. PI.... of njury: Home. FlIIl11. Slr8eI. FBClDIy. 0IIIc0 BUIcIng. etc. (Sp<lcI\Ij = lstoondlllonS,If!flY, l:lCBUl8i11l1donha Er1lsr UIIlEIll. YIlG CAUSE (dilIeaBB or InjIry lhal triIIalBd 1ho _Is IIlSIIIIing II dealh ) lAST. Due to (or as a consequence ot): d. ~. 3211. Loca1ion of I~ (ShIel. cIy 1Iown, _) OVes ONo :no _ /Uop8y F1ndi1ao A...... PrIor 10 CclrnpklCIon of cauoe of 1lealh7 Ov. ONo 31. _ofOeolh o N8lJraI 0 Hornicid& o AccIdBnI 0 PendIng IrwesIfgalIon 3211. Tine <i IrfJIy o SUIcIde 0 Cooid Not be ~ M. 3OB. w.... AiJtlpoy PotIormed7 330. CortIIIor (cI1ed< only ono) . CeflfyIng p/lyoIc/8n (Pl1~ ~ cause of deaIh when ...,.,., ~ lias proI1OOOlC8d deolh and complelod Item 23) To lhobesl '" ""~.... aecurnd cbllDlho c:auu(a) ond.......rnllllo.ll_ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _...0 . ~'::=::::-'::=::~IIld~=::-~~~.....ner"IIIfa<l_ __ __ _ _____ _ _ ____...0 . __/Catone, On :- ....10 of .......1lIllan ond 1 or 1nwIltgIIlDn, In my oplnIo/l, _ .....rnd 01 tht \ImI. doll. Illd ....... ond dlHl to tho COUMlt) Illd - IIIlIlfC1. _ ...0 3&. RIlgiln'. . and L~'I ", 36. Dolo Fled (Month, day, yoor) ~ vn... /a./!.Q;d.~hL~ 1 ~ I 1-'--1 '" 1/ I ~d c /f./-/~c.L r ~ y,. x '- p <;' m ~ ~ ~ LAST WILL AND TEST AMENT ~. .~ -) ~._. .j (" -) ., ,.", ..i -) OF , , .- ELIZABETH D. KIRK - -, . " I, ELIZABETH D. KIRK, of the Borough of Carlisle, Cumberland County, P~stlvani~_':i \__J declare this to be my Last Will and Testament and revoke any and all wills and codicils heretofore made by me. ITEM I: My personal representative shall pay from the residue of my estate the expenses of my last illness, funeral and burial debts duly allowed against my estate, and all death taxes (Pennsylvania inheritance tax and federal estate tax) occasioned by my death and incurred with respect to all property taxed to my estate regardless of whether such property passes by this Will or passes outside of this Will. ITEM II: I bequeath those articles of my automobiles, personal effects, household goods, and other tangible personalty of like nature (not including cash or securities), together with any existing insurance thereon, as set forth in a separate memorandum which I shall place with my Will to the persons therein designated. If I shall leave no separate memorandum, or with regard to my automobiles, personal effects, household goods, and other tangible personalty of like nature (not including cash or securities) not referenced by such memorandum, I direct that my daughter, YVONNE E. KIRK, shall have the power to buy any item she wants for the appraised !jL ~ .. - ]:: (S ] .~ .& (jJ value without the need for Court approval and all the remaining personalty shall be sold at public or private sale and the proceeds shall be distributed with the residue of my estate. ITEM III: I grant my Daughter, YVONNE E. KIRK, of Philadelphia, Pennsylvania, the option to purchase any or all of my real estate holdings (excluding all furnishings), specifically including 123 South West Street, 271 West South, and 155-157 West Louther Street in Carlisle, Pennsylvania, with each premises to be valued for purposes of such option at the appraised value as established by an appraiser who is a certified residential specialist, which appraisal shall be secured by my personal representative. Such option must be exercised by written notice thereof to my personal representative with copies to my Son, W. WRIGHT KIRK, JR., within six (6) months following my death. My Daughter shall have authority to make the purchases contemplated here without the need for Court approval. Should my Daughter, YVONNE E. KIRK, fail to exercise such option, or should she notify my personal representative in writing of her release of such option prior to its expiration, I devise my real estate as a part of my residuary estate. If my estate shall sell my real estate, I direct that my executrix shall retain the services of Mary Fitts [currently with Jack Gaughn real estate company] as the realtor to market the properties. ITEM IV: I give and bequeath the sum of five thousand ($5,000.00) dollars to each of the following of my nephews: Merritt C. Kirk, Jr., 205 Pine Tree Rd., Radnor, P A Robert C. Kirk, 5062 E. 500 S-57, Churubusco, IN Clyde Kirk, 229 Gumbush Rd., Townsend, DE 2. ~~ ::::c .... p t ~ I"S W ITEM V: I direct that my Executrix shall commence making payments of six hundred ($600) per month to my son, W. WRIGHT KIRK, JR. as soon as possible after my death. The monthly payments under this ITEM IV shall terminate when the Trust referenced in ITEM V, 2. is funded. The payments made under this ITEM IV shall be deducted from the share given to my son, W. WRIGHT KIRK, JR. in ITEM V. ITEM VI: I devise and bequeath the residue of my estate, of every nature and wherever situate, in two (2) equal shares, as follows: 1. One (1) share to my Daughter, YVONNE E. KIRK, of Philadelphia, Pennsylvania, or to her issue if she shall not survive me. One (1) share to my Trustee hereinafter named, IN TRUST, for the following uses and purposes: a. To pay the net income therefrom to my Son, W. WRIGHT KIRK, JR., in monthly installments. b. As much ofthe principal of this trust as my Trustee, in its sole discretion, deems prudent and proper for the support and assistance of my Son, W. WRIGHT KIRK, JR., shall be paid by my Trustee to my Son or on his behalf, and my Trustee shall consider the impact of a distribution of principal on my Son's eligibility for government entitlements; and I direct that my Trustee shall make no distributions of principal to my Son or on his behalf if the effect of such distribution shall be to render him ~ ~ - P 3. -t ,Q ~ - C-\j ineligible for government entitlements or government benefits that he would otherwise receive but for distributions of principal from this trust. c. This trust shall terminate at the death of my Son, W. WRIGHT KIRK, JR., and the remaining principal shall then be distributed to his issue, and ifhe shall have no issue, then to my Daughter, YVONNE E. KIRK, of Philadelphia, Pennsylvania, if she shall be surviving. If YVONNE E. KIRK shall not be then surviving, I direct that the remaining principal shall be distributed in equal shares to the following organizations in Carlisle, Pennsylvania: Safe Harbor [transitional housing in former James Wilson Hotel Building], Salvation Army, Samaritan Fellowship, American Red Cross, Allison Methodist Church, Cumberland County Historical Society and Loaves & Fishes of Tompkins County, Inc. Should my Daughter, YVONNE E. KIRK, and my Son, W. WRIGHT KIRK, JR., both predecease me without issue, I devise and bequeath the residue of my estate, of every nature and wherever situate, in equal shares to the following organizations in Carlisle, Pennsylvania: Safe Harbor [transitional housing in former James Wilson Hotel Building], Salvation Army, Samaritan Fellowship, American Red Cross, Allison Methodist Church and Cumberland County Historical Society. ~ .. \or -- ~ p t ...D \S .- -- w ITEM VII: No interest of any beneficiary under this Will, any codicil hereto, or any Trust created herein, shall be subject to anticipation or voluntary or involuntary alienation. ITEM VIII: My Executrix and Trustee, and their successors, shall have the following powers in addition to those vested in them by law, and by other provisions of my Will, applicable to all property, whether income or principal, including property held for minors, exercisable without court approval, and effective until actual distribution of all property: A. To borrow money from any person or institution, including my Executrix or Trustee, and to mortgage or pledge any or all real or personal property as my Executrix or Trustee in its sole discretion shall choose. B. To compromise any claim or controversy. C. To invest in all forms of property (including stock, common trust funds and mortgage investment funds, whether maintained by my corporate fiduciary or others) without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principal of diversification or risk. D. To retain any or all of the assets of my estate, real or personal, without regard to any principal of diversification or risk. E. To sell at public or private sale, to exchange, or to lease for any period of time, any real or personal property and to give options for sales, exchanges, or leases, for such prices and upon such terms or conditions as they deem proper. ITEM IX: I appoint my Daughter, YVONNE E. KIRK, Executrix of this my Last Will and Testament. Should my Daughter fail to qualify or cease to act as Executrix, I appoint M&T BANK of Carlisle, Pennsylvania, as Executor of my estate. ITEM X: I appoint M&T BANK of Carlisle, Pennsylvania as Trustee of the Trust created by this Will. This appointment is subject to the power of my daughter, YVONNE E. KIRK, to replace M&T BANK with a different corporate Trustee by delivering to M&T BANK a written notice of the substitution and a written consent signed by an authorized representative of the replacement corporate Trustee. ITEM XI: I direct that my Executrix and her successors shall not be required to give bond for the faithful performance of her duties in this or any other jurisdiction. IN WITNESS WHEREOF, I, ELIZABETH D. KIRK, have hereunto set my hand and seal to this my Last Will and Testament, consisting of seven (7) printed pages, each of which bears my signature, this ..2..0 ~ day of 0u'l1e, , 2002. c;~ \ 1.d~ 1), ts; ~r; Elizabeth D. KIrk, Testatrix (SEAL) Signed, sealed, published and declared by the above-named Testatrix, Elizabeth D. Kirk, as and for he t Will and Testament, in the presence of us, who, at her request, in her sight and presence and n . ht Q pr sence of each other, have hereunto subscribed our names as witnes COMMONWEAL TH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) WE, ELIZABETH J:Z~~ \ ~ \.........s.~~ D. KIRK, TAYLOR P. ANDREWS, and , the Testatrix and witnesses, respectively, whose names are signed to the foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as and for her Last Will and Testament and that she signed willingly and that she executed as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witnesses and that to the best of their knowledge the Testatrix was at the time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. \ Subscribed, sworn to and acknowledged before me by Elizabeth D. Kirk, the Testatrix, and ~Cribed to and sworn or affirmed to before me by T A YLJ).R.,. P. ANDREWS and aM \el (;" To ~S,." witnesses, this Q() day of' .JUY\.~ 2002. NOTARIAL SEAL SHELLY SEXTON. NOTARY PUBI.IC CARLISLE 80RO. CUMBER\.ANO COUN'tY MY COMM\SSION !xP\RES APRIl. aa. 2003 Member, Ptnna'tlvanla Alloclltlon of Notar'" (SEAL)