HomeMy WebLinkAbout09-21-06
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Register of Wills of Cumberland County
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PETITION FOR PROBATE and GRANT OF LETTERS'is:P
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Estateoj/lE,EN l1A6/N/~ R.IIH/lR.rY No.~-cfu-~35 :"~;~@~
also known as To:)Q'n
Register of Wills for the .J ::0
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County of Cumberland inltie
Commonwealth of Pennsylvania
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Social Security No.;J-3S - 0'1- g 60
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The petition of the undersigned respectfully represents that:
. Your petitioner(s), who]!J/are~8 years of age or older, and the execut~ named in the last will of the
above decedent, dated MA I ,:r Iff? .
and codicil( s) dated No/}.
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in CU A/8EAt./t1V j)
Pen.gsylvania, with h~ast fami or princ!E.,al residence t . b ,~
.3 6 r:t. t::S~ f/~ T /.
(list street, number and municipality)
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Decedent, then n years of age, diedS'..!,IJ~~' J.S.ibO'G:at JkeAl!llli<t ~ I'll
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:
County,
7 CJ.53
Decedent at death owned property with estimated values as follows:
. (If domiciled in Pa.) . . All personal property
.. (Ifnot domiciled iD"Pa.), .. 'Pefso'haI property in Pennsylvania '
(If not domiciled in Pa.) Personal property in County
. Value of real estate in P.9~lvania
situated as follows: 3/ 6 dEl(.K'SI/IJ?$',qP Al..GCIIIlIIICSBvRb. "11.
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$ CfO 000
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WHEREFORE, petitioner(s) r
herewith and the grant of letters
lly reque t(s) the probate of the last will and codicil(s) presented
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(testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
thereon.
Signature( s) of Petitioner( s)
Residence( s) of Petitioner( s)
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.2~ O~U'fI!IUl DR~ A/JF(/INS f2d</J; ON ~r3.s
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Register of Wills of Cumberland County
OATH OF PERSONAL REPRESENTATIVE
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COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF CUMBERLAND
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The petitioner(s) above-named swear(s) or affrrm(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 tru}y administer the estate according to law,
Sworn to or affimted and Su5sciibed
Before ~e this 2/ .sr day of
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. Estate of HELEN t/. fi./JIlIiRTY. Deceased
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DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW ~ 1>-l.A..2.A 2001. m consideration of the petition on the reverseside
hereof, satisfactory r of having been presented before me, IT IS DECREED that the instrument(s), dated
/9 , described therein be admitted to probate filed of record as the last '}'ill of
, ' ;andLett rsareherebygrantedto GEA/f::VIEVF c. wlJ~'/};1(
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FEES
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Will................................. $
Renunciation.. .. . . . . . . . . . . . . .. . . . . . $
Short Certificates ( ).. .. .. .. . .. . $
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H]OS.ROS REV ]/Os
This is to certify that the information here given is correctly copied from an original certificate of death dult filed with me.. as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filmg. .
Fee fo, ili::~::'::' 1:~S~legal ro duplicare this copy by PhmOS/I2:tL
Local Registrar
No.
SEP 18 2006
p
12632817
Date
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CERnFICATE OF DEATH
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WILL OF
HELEN V. FLUHARTY
I, HELEN V. FLUHARTY, of Upper Allen Township, Cumberland County,
Pennsylvania, declare this to be my Will and revoke all prior Wills and Codicils.
ITEM I: Tangihle Personal Property.
I give all tangible personal property owned by me at my death and all insurance
policies on such property as follows:
(a) To those individuals who survive me by thirty days who are designated on a
list or memorandum signed by me which refers to this Will or is found with a copy
thereof, the items listed beside their names. If no such list is found within thirty days
of my death, it shall be conclusively presumed that no such list exists.
(b) The balance (including any item under subparagraph (a) the bequest of
which has lapsed) to my daughter, GENEVIEVE C. W ALTER, of Lewisberry,
Pennsylvania, if she survives me by thirty days; and if not, to my son, VERNON R.
MIDCAP, of Martins Ferry, Ohio.
(c) My Executor shall pay, as an expense of settling my estate, all costs of
delivering such tangible personal property, including the costs of packaging, delivery
and insurance.
ITEM II: Residue.
I give the residue of my estate in equal shares to those of my children who
survive me by thirty days. If my daughter, Genevieve C. Walter, does not survive my
death by thirty days, I give and bequeath her share to her husband, JAMES B.
W ALTER, of Lewisberry, Pennsylvania, provided he survives my death by thirty
days, and in default thereof, to those of his issue, per stirpes and not per capita, who
survive my death by thirty days. If my son, Vernon R. Midcap, does not survive my
death by thirty days, I give and bequeath his share to his wife, VERA MID CAP , of
Martins Ferry, Ohio.
ITEM III: Spendthrift Provision.
Until distributed, no gift or beneficial interest\~Mt~~,~~~j~c.~'ite anticipation or
to voluntary or involuntary alienation. ..Lcl'J~: ,~:'jL~~\cbO
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ITEMIV:~.
(a) All death taxes (and interest and penalties thereon) imposed as a result of my
death whether upon property passing under my Will or not, shall be paid out of the
principal of my residuary estate.
(b) I authorize my Executor, in my Executor's sole discretion, to make an
election, in whole or in part, to cause a Pennsylvania inheritance tax to be payable by
my estate on property passing to or for the benefit of my husband or to defer the
Pennsylvania inheritance tax on such property. My Executor shall be without liability
to anyone for making or failing to make such election.
ITEM V: Administrative Powers.
My Executor shall have the following powers in addition to those conferred by
law until all property is distributed:
(a) To retain any real or personal property (including stock of the corporate
Executor, if any, or of a company controlling it) in the form in which it is received.
(b) To sell at public or private sale for cash and/or credit, to exchange, and to
lease for any period of time, any real or personal property and to give options for such
sales, exchanges, or leases.
(c) To purchase all forms of property, including but not limited to stocks,
bonds, notes and other securities (including stock of the corporate Executor, if any, or
of a company controlling it), common trust funds and real estate, or any variety of real
or personal property, without being confined to so-called legal investments and
without regard for the principle of diversification.
(d) To purchase securities at a premium or discount and to charge such
premium or credit such discount to principal or income.
(e) To exercise any option arising from the ownership of any investment; to
join in any recapitalization, merger, reorganization, liquidation, dissolution,
consolidation or voting trust plan affecting any investment; to delegate powers with
respect thereto; to deposit securities-under agreements and pay assessments; to
subscribe for stock and bond privileges; and generally to exercise all rights of security
holders.
(f) To hold property unregistered or in the name of a nominee.
(g) To mortgage, divide, alter, repair and improve real property and generally to
exercise all rights of real estate ownership.
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(h) To distribute in cash, in kind, or partly in each, and to cause any share to be
composed of cash, property, or undivided fractional shares in property different in
kind from any other share. '
(i) To compromise claims by or against my estate or any trust hereunder,
including but not limited to tax issues and disputes, without order of court or consent
of any party in interest and without regard for the effect of such compromise on any
interest hereunder.
G) To borrow money and to pledge any real or personal property as security for
the repayment thereof.
(k) With respect to a principal share vesting in a beneficiary who, in the opinion
of my Executor, is incapacitated by reason of age (other than minority) or illness
(mental or physical) when such share vests in him or her: to hold the share during his
or her incapacity and to invest the share and all accumulations thereon; to apply so
much of the income and principal as my Executor deems advisable for such
beneficiary's benefit for any reason after considering other funds available to him or
her; to deliver the balance of principal and income to the beneficiary at such time as he
or she gains capacity; and at any time, to pay the entire share to the guardian of the
estate of the incapacitated beneficiary to hold for his or her benefit. The receipt of a
guardian or such other person as may be selected by my Executor to receive a
distribution under this subparagraph shall be a full and complete discharge to my
Executor.
ITEM VI: Power of Appointment.
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"'J I decline to exercise any power of appointment given to me under any will,
Codicil or Agreement of Trust or other instrument.
ITEM VII: Definitions.
(a) The word "Executor," when used in this Will shall include all genders and
the singular and plural as the context may require.
(b) The words "child," "children, and "issue" when used in this will shall include
adopted persons and their descendants.
(c) The words "incapacitated" and "incapacity" when used in this Will shall refer
to an inability to use funds by reason of age or illness (mental or physical).
(d) When a "per stirpes" distribution of income or principal to a person's
descendants is provided for under this Will, such income or principal shall be divided
into as many equal shares as there are then living children of such individual and then
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deceased children represented by descendants then living, and each then living child
shall receive one share, and the share of each deceased child shall be divided among his
or her descendants in the same manner, repeating this pattern with respect to
succeeding generations until all shares are determined.
(e) Paragraph headings in this Will are for reference only and shall not affect the
meaning, construction or effect of this Will.
ITEM VIII: Executor.
I appoint my children, Genevieve C. Walter and Vernon R. Midcap, Executor.
If either of my children is unable to act or ceases to act for any reason, I direct that my
remaining child shall serve alone as Executor. My Executor shall not be required to
post security in any jurisdiction. My corporate Executor, if any, shall receive
compensation for its services hereunder in accordance with its Schedule of Fees in
effect from time to time during the period over which its services are performed.
IN WITNESS WHEREOF, I have hereunto set my hand this II day
of ~~f-
, 1999.
.1/-/~~.~
HELEN V. FLUHARTY
The preceding instrument, consisting of this and three other typewritten pages,
each identified by the signature of the testatrix was on the date thereof signed,
published, and declared by HELEN V. FLUHARTY, the testatrix therein named, as
and for her will, in the presence of us, who at her request, in her presence, and in the
presence of each other, have subscribed our names as witnesses hereto.
LW--/~/
DIANE B. NKINS
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ORG A.VAUGHN,ill
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COMMONWEALTH OF PENNSYLVANIA )
(SS.:
COUNTY OF CUMBERLAND )
I, HELEN V. FLUHARTY, being the person whose name is signed to the foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I signed
and executed the foregoing instrument as my will; that I signed it willingly; and that I signed it
as my free and voluntary act for the purposes therein expressed.
. :JI;~.J~ ~~
HELENV. FLUHARTY
Sworn or affirmed to and acknowledged bi.-ore
me by the testatrix named above this Ll day of
~ ' 1999.
NO~Pub~:A,t ~<a;lo<J I:.'~ I
COMMONWEALTH OF PENNSYLVANIA )
(SS.:
COUNTY OF CUMBERLAND )
WE, DIANE B. JENKINS and GEORGE A. VAUGHN, ill, the witnesses whose
names are signed to the foregoing instrument, being duly qualified according to law, do depose
and say that we were present and saw the testatrix sign and execute the instrument as her last
will; that she signed it willingly; that she executed it as her free and voluntary act for the
purposes therein expressed; that each of us in the hearing and sight of the testatrix signed the
will as witnesses; and that to the best of our knowledge, the testatrix was at the time eighteen
or more years or age, of sound mind, and under no constraint or undue influence.
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DIANE B. JE1<fKINS
if~
ORG . VAUGHN, III
Sworn or aff~ed to and acknowledged before
tr jg..:'Ilay of ~ ~:t ' 1999.
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otary Pul:ilic
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