The URL can be used to link to this page

Home My WebLink About10-13-06 . Register of Wills of Cumberland Cormty Estate of JEANNE M. KELLY also known as PETITION FOR PROBATE and GRANT OF LETTERS ~ ,~ D' -6 Xq~ No. To: , Deceased. Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania Social Security No. 082-14-1638 The petition of the undersigned respectfully represents that: Your petitioner(s), whois/are 18 years of age or older, and the execut ors named in the last will of the above decedent, dated September 12 , 20 06 and codicil(s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland Pennsylvania, with h~last family or principal residence at 20 N. 12th Street, Borough of Lemoyne County, (list street, number and municipality) Decedent, then ~ years of age, died October 7 , 20~, at home 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 of real estate in Pennsylvania situated as follows: $ 60,000. $ $ $ WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant ofletters testamentary (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) thereon. Signature(s) ofPetitioner(s) Residence(s) ofPetitioner(s) : ~~t~~._~ 261 Stratford Avenue, Westmont, NJ 08108 30 Drexel Place, New Cumberland, PA 17070 . Re~merof\VillsofCumberlandCoun~ OATH OF PERSONAL REPRESENTATIVE COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA SS: } 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 beliefofpetitioner(s) and that as personal representative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. j qj' ~. ~ '-~~ 0tI :::I ll> E" A .e, Sworn to or affirmed a~d..~cribed Before me this I:J day of o C f1J JuT , lOt) U ;/JPA/.dJ fdAHJ)&~~ fYtA ~~ I { No. {} (.. D ~ - 0 ~ qg- Estate of JEANNE M. KELLY . Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW () (t J 3 20fLb, in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s), dated September 12, 2006 . described therein be admitted to probate filed of record as the last will of Jeanne M. Kelly : and Letters are hereby granted to Catherine J. Spade and Frances K. Eavenson FEES Probate, Letters, Etc. ............. Will ................................. $ $ Renunciation... . . . . . . . .. ... . . . . .. . . $ $ $ $ $ $ 20~ Short Certificates.({ ) ............ JCP.................................. Automation Fee.................._ Bond.. .......... ....... ....... .:..... Total Filed tD I L; /35. Of) /6' ()o I~-()D 10"00 b. 0 () 11'/.6 J (717) 737-0464 Phone o ~O ~JI~ ;;: .-:::: qj -''lV)/~ '(")0 :_) (:J -71 :--) .?i5 ::v --i :P -......J "v ~ c::::. ~ c:> C""') -f w J;:::a ::x <;9 I05.R05 REV 110< This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 p 12839878 No. ~J1~~~ Local Registrar OCT 11 2006 Date (") ~O ":".:0 '-::J V 1 :=r; P ._ .r. ....., Z" " - 22 ,.1') /.... (")0 :~ J 0 ..,., C l"...;) c:::::) c::::J ~ o (""') -I :::0 ffi .~'-, (:) 22 i:r1 C.:J C~ -;""'\ ;p COMMONW1, EALTH OF PENNSVLVANIA. OEPIlIRTMENT OF HEALTH. VITAL RECORDS I CERTIFICATE OF DEATH w '.2187 STATE FILE NUMBER SOCIAL SECURITY NUMBER 2. r:emu\e. 3.or~ -ILf lifE OF BIRTH 13IATHPLACE (Coly and PLACE OF DEIlfH iChec;k Ol'ly 008 - -lee 'nSlrucllOOS ()<\ OIMI we) Ol1lh, Dav. .l'tIllItI Slate 01 fcce.gn Covnlly) HOSPITAL: a.t' ISJ ~ /9.). () 7.Englewood, NJ :~alienl 0 EAJOutpa'i.nl 0 CITY. aORO. TWP OF 'EATH FACILITY NAME (II nol In51>1\11100. QNe >!Itel.nd n\lmberl SEX AGE (Last B01I1Oay) ~ 5. <J 'S ! COUNTY OF DE.IJ'H lit. Cumberland 20 North 12th Street, Room 327 WAS DECEDENT EVER IN U.S. ARMED FORCES? 'Ie. [Zl No 0 Lemoyne l(IND OF BUSINE lie. DECEOEI'lT'S USUAL OCCUPIJION (~~"'Wno"'K~';'~U':'~'~ Homemaker 12. -/ OOAO ~:,Iy)O MARITAL STATUS. Ma.lie<I Nave, Married. W_d. Divorced (Speedy) white SURVIVING SPOUSE 111 wde. gIve maiden nameJ widowed 14. 17c.0 Yes. deCedenllived in 17b. Coun Old decedent Ilvelna CqtIjberland _nship? 17d.C0 =h::.-~.::u:,,~OI MOTHER'S NAME iF.ol.Moddle. Melden Surname) citylboro. 20 North 12th Street, 1'. Lemoyne, P A 17043 FRHER'S NAME (F"st. MOldle. L'Sl) 1'. INFORMANT'S NAME (TyperPrin.) 20.. Fran Eavenson METHOOOF DISPOSITION BUrial1Rl C.emallonORe_homS.al.O OIhe' (Speedy 1Wp. Lemoyne 19. Isabel France E a INFORMANT'S MAILING ADDRESS 151'''1. CilyflOwn. Slala, Zip Coda) 2. 30 Drexel Place New Cumberland PA 17070 PLACE OF DISPOSITION. Nama of Cemalllfy. Crematory LOCIlfION . Cityfrown, Slala, Zip Coda 0' Other Place '\. 1~!Jl1ing G~een Memorial Park 2f.J.ower Allen Twp" , PA 17011 NAME DAOD...RESSOFFACILlTY Parthemore FH & CS, rne. 22c. P.O. 'Box 431 New Cumberland PA 17070-04 1 LICENSE NUMBER DATE SIGNED (Month. Day, ""at, 23b. 230. WAS CASE REFERRED TO MEDICAL EXAMINERICORONER? Vo.O 11, 2006 ;0"" 24.~ mllSt be completed by ~n who pronoune8. death. ?J..!O'-tJ 24. M. 25. 7. PART I: Enter the diuases, Injunes or compllCAhons which caused Ihe dealh 00 not entsr the mode of dying. such as cardiac or re.spnalory arresl, shock Dr heart fallur. lISt onty ooe cause on eaCh line "IIIEDlATE CAUSE (F."", =':.c=~~ C"~f"hy,,::u...t tA aUE 16 (dR AS A CONSEjENCE OF): "l\l8n1ially list condilions any, laadlno 10 immediale DUE 10 lOR AS A CONSEOtJENCE OF): A~E;;;'~U:O;:-,I:G c. I '" if'otiated events DUE TO (OR AS A CONSEOi' E NeE Of): ..-oII1nO on dee\l'ollAST d. ..5 AN AUl'OPSV Wl:RE AUTOPSY FINDINGS MANNER OF DEATH AFORMEO? AVAILABLE PRIOR 10 COMPLETION ~ CAUSE OF DE.IJ'H? Natural o o o P~CE OF INJURY. AI hom.. tar~~;eer, lact"",. otflea huilding. SIC. ISP8Cllv) 300. DATE OF INJURY (Monlll. Oay. Yeat) TIME OF INJUAY Homicide .. 0 Could no' be determined Accident Pending '""..Iiganon No 0 o Suicide No 2.b. RTORER IChock only one\ . CERTIFYING PHYSICIAN (Physocoan cecll4ymg cause ~ dealh whet1 anothe' vSIC..n has pronounced dealh and complale<1l1em 23) To l"- bft( 0' "'V knowt<<JQ.. d.ath oecuCTe<l due '0 'lh. c.u.e(s) Ind mIne, .. stated. . . . . . . . . . . . . . . . , . . . . . . . PRONOUNCING AND CERTIFYING PttYSIC)AN (PhVSClCln bel" pronouncl , death and cerll(Ylng to caU,8 01 dealh\ To the beet ot my knowl..dgfll, delth occurred at the Urne, dat., and Plle1' and due to the cluse(l} and manner.. ...ted.. . '" . . . "MEDICAL EXAMINER/CORONER On Ihe ba.i. 01 ..aminatlon Ind/or Investigation. in my opinion, death Ollcuffad allhallme, date, and place, and due 10 Ihe cause(s) and _.m.::~~r., statH.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~. . . . . . r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Al;~T~~R "I , / '('r~--1<?'U'~'5"R.......---+-- 29. o o o I~ -1 q /j' ( NoIXl 28. I Approt.imat. ; Wllerval between I onset and death I 1 PART II: Othe. significant condIIions conltlbu1lng 10 doath. bill noI...\Jfting in Iha undertying co.... giWn in PART I. INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED. YooO NoD ( d /- 0 {g- Y;Q8 L1._1 () G~ . -q- <t (=-~; -~ C"') .-- C) a '-C) = ~; ~ ~ ~ ~ y ~ ~ >=- >- ~ --- ~ .;( ~ ~ r- co <: c.: 1-- 0::- =:> c::.) 1 c'-- :S C) j~~ '5;~; g~ <-) LAST WILL AND TEST AMENT OF JEANNE M. KELLY I, JEANNE M. KELLY, of the Borough of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, declare this to be my Last Will and revoke any Will or Codicil previously made by me. ITEM 1: Upon my demise, I direct my body be laid to rest in a lot next to my late husband, William T. Kelly in the Rolling Green Memorial Park, Lower Allen Township, Cumberland County, Pennsylvania. ITEM 2: I direct that all my just debts and funeral expenses be paid as soon as practical after my death. ITEM 3: I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of the expense of the administration of my Estate. ITEM 4: I give, devise and bequeath all the rest, residue and remainder of my estate of every nature and wherever situate, together with all insurance, in equal shares to my daughters, CATHERINE J. SPADE of 261 Stratford Avenue, Westmont, New Jersey and FRANCES K. EAVENSON of 30 Drexel Place, New Cumberland, Pennsylvania, or the survivor of them. ITEM 5: Should any beneficiary entitled to a share of my estate not have attained the age of twenty-five (25) years at the time of distribution to him or her, I devise and bequeath the share of such eneficiary to the SURVIVING PARENT of the said beneficiary, as Trustee to be held in separate trusts, Page 1 of7 c2 {-o (,-0 Z7rf to hold, manage, invest and reinvest the share so received, in accumulation of income thereon, and to use and apply the income and principal, or so much thereof as, in Trustee discretion, may be necessary or appropriate for such beneficiary's maintenance, support, and education (including college education, both graduate and undergraduate) without regard to his or her parents' ability to provide for such maintenance, support or education, or to make payment for these purposes, without further responsibility, to such beneficiary's parents or to any person taking care of such beneficiary. Any principal or income not so applied shall be distributed to such beneficiary absolutely when he or she attains the age of twenty-five (25) years. If he or she dies before attaining the age twenty-five (25), the Trust shall terminate and such share shall be distributed to his or her personal representative. Should the principal of any trust herein provided for be or become too small in the Trustee's discretion so as to make ---.:.---------.. establishment or continuance of the trust inadvisable, the trustee or my personal representative may, (:=.::~, C~ \ without court approval, make immediate distribution of the then-remaining principal and any ~I Y accumulated or undistributed income outright to the person or persons and in the proportions they are 5:-~ ;: ~ ~ ~ 1J ...., then entitled to income. Upon such termination, the rights of all persons who might otherwise have an interest as succeeding income beneficiary or in remainder shall cease. ITEM 6: No interest in income or principal of my estate or any trust created hereunder shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate or of any trust created hereunder prior to the beneficiary's actual receipt thereof. My Co-Executrices or Trustee shall pay over the net income and the principal to he beneficiaries herein designated, as their interests may appear, without regard to any attempted nticipation (except as may be specifically provided herein), pledging or assignment by any beneficiary Page 2 of7 ~ ~:::- C"--0 c\-) ~ ~~ ~ ~ ~ '\ ~ ~ dJ of my estate or of any trust created hereunder and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. ITEM 7: My Co-executrices, Trustee or their successors shall have the following powers in addition to those given by law to be exercised by them in their absolute discretion, which powers shall be applicable to all property held by them, effective without the order of any court and until the actual distribution of all such property: a. To retain any investments at discretion including stock of any corporate fiduciary hereunder or of a holding company controlling it; b. To invest and reinvest in the their discretion as permitted under Act 28 of 1999, as amended, the "Prudent Investor Act," with the specific right to invest in stocks, bonds and real estate, including non-income producing residential real estate for the occupancy of any present income beneficiary or beneficiaries, and in such diversified, proprietary money market and mutual funds, including such mutual funds of any corporate fiduciary hereunder or those of any successor or affiliated corporation or a holding company controlling it, as my co-executrices and trustee deem appropriate; c. To sell, to grant options for the sale of, or otherwise convert any real or personal property or interest therein, at public or private sale, for such prices, at such time, in such manner and upon such terms as they may think proper, and to execute and deliver good and sufficient conveyances, assignments and transfers thereof without liability of any purchaser to see to the application of the purchase money; d. To borrow money and to secure the repayment thereof by mortgage of real or personal roperty, pledge of investments or otherwise, without liability on the part of the lenders to see to the pplication thereof; Page 3 of7 ~~ c::.J j-- ""----. ~ ~ > ~ ~ ~ ~ "" ~ ::;E \2l ~ ~J ...... e. To compromise claims by or against my estate or any trust created hereunder; f. To allocate and distribute different kinds or disproportionate shares of property or undivided interests in property among beneficiaries or trusts, in cash or in kind, or partly in each; g. To register investments in the name of a nominee or to hold the same unregistered in such form that they will pass by delivery; h. To join in any recapitalization, merger, reorganization or voting trust plan affecting investments; to deposit securities under agreement; to subscribe for stock and bond privileges; and generally to exercise all rights of security holders; 1. To manage, operate, repair, alter or improve real estate or other property, and to lease real estate and other property upon such terms and for such period as my executor and trustee deem advisable even for more than five (5) years and beyond the duration of any trust; J. To deduct administration expenses upon either the federal estate tax. return or fiduciary income tax return with or without adjustment as between principal and income, as my corporate or disinterested executor shall determine; k. To associate with them in the absence of a corporate fiduciary, an accountant, custodian and investment advisor, and other agents and to compensate them from principal or income or both, as y executor or trustee shall determine, such compensation to be a reduction of the compensation of my xecutor or trustee; l. To associate with them at any time, in their absolute discretion and of their choice, a orporate fiduciary which shall have the same powers as my executor or trustee, such designation by my o-executrices or trustee and acceptance by a corporate fiduciary to be in writing; Page 4 of7 ~ ,- . ~ ~ ~ ,---- ....:l -~ ~ '" ~ "..::. ~ ~- ~ ~ ~ 6=~ m. To combine, without prior court approval, any trust herein with any other trust with substantially similar provisions, although such other trust may have been created by separate instruments and by different persons, and, if necessary to protect different future interests, to value the assets at the time of such combination and to record the proportionate interest of each separate trust in the combined fund; provided however, that no such combination shall be permitted if the effect of such combination would be (1) to violate the applicable rule against perpetuities; (2) to disqualify any interest in one or more of such trusts for a deduction for federal estate tax purposes which would otherwise be allowable; or (3) to cause the loss of the exempt status of one or more of such trusts from the imposition of the generation-skipping tax; n. To exercise any stock options which they may receive; to borrow such funds from any source as my co-executrices or trustee may deem necessary for the exercise of such options; and to pledge assets as my co-executrices or trustee deem appropriate for this purpose; o. No trustee shall be required to qualify before, be appointed by, or, in the absence of a breach of trust, account to any court (and failure to account alone shall not be considered such a breach); nor shall trustee be required to obtain the order or approval of any court in the exercise of any power or decision granted hereunder; p. To allocate any generation-skipping transfer tax exemption from the federal generation- skipping transfer tax to any property to which I am deemed the transferor under the provisions of Section 2652(a) of the Internal Revenue Code of 1986 and its successors, including any property transferred under my will and any property not in my probate estate and any property transferred by me during life as o which no allocation was made prior to my death, to the extent necessary to cause the inclusion ratios applicable to such transfers to be zero; Page 5 of7 q. To disclaim any interest in property without court approval; and r. To do all other acts and things necessary or appropriate In the management, administration and distribution of my estate or trust. ITEM 8: Until distributed, no gift or beneficial interest shall be subject to anticipation or voluntary or involuntary alienation. ITEM 9: I appoint my daughters, CATHERINE J. SPADE and FRANCES K. EAVENSON, Co-Executrices, or the survivor of them of this my Last Will. ITEM 10: I direct that my personal representative, or their successor, shall not be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, this I ~ day of J5 p~ . 2006. aA1/Vl~ 1rl, K.KELLY Signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament in our presence, who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses. residing at tOJ 5. ~~ St-. /..A....R ~ ~'('"'J Y/A } 70S 5 (.) OJ residing at IO<j,~ 6;J.. Pr:K~ Di', ~o 1-+; L\, PA I '7.eJ1I \ Page 6 of7 COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF CUMBERLAND ) We, JEANNE ~A-d S'JrILI'" M. KELLY, .J. H~~J'~t, and , 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 that she had signed willingly, and that she executed it as her free and voluntary act for the purpose therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the will as witness and that to the best of his or her knowledge, the Testatrix was at the time eighteen (18) years of older, of sound mind and under no constraint or undue influence. ~. nl. !-<; }/Q{1A ~M.KELLY J <I. }u~~-( /Ju.. ~~..R= Witness / Wi~ Subscribed, sworn and acknowledged before me H(II,.(, r Ie: (!., "/4"'- by , JEANNE M. KELL Y, the Testatrix, and subscribed and sworn to before me by , HA,H/,Ltr# e If. t and {!A,(.; I S,.", {If A , the witnesses, this .).fL day of Se~~,,- , 2006. , If IOTARIAL SEAL KEllY f. COYlE. NOTARY MUC IMlPDBIlWP. CUM8ERlAND coum MY COM'" EXPIRES JUWE 17 2001 Page 7 of7