HomeMy WebLinkAbout11-14-06
Register of Wills of Cumberland County
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of. J 0. n e.. "S . Sr-r: I tL- No. ~ \ D lo \ DO 0
also known as To:
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
, Deceased.
Social Security No. 1/'1- \ "i( - ~R 83
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older, and the executI.!.L named in the last will of the
above decedent, dated A p (. \ \ c;) \ 9 q ~. , 20
and codicil( s) dated
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in Lu IV'\ be'(" \a. (\ ol- County,
rincipal residence at n
;}.. L.() v r 1-
(list street, umber and unicipality)
Decedent, then ~r; years of age, died ~O 'J . ~ ,20~, at \-b\ u CS f \ ('I 1- }-\-oS ~.. ,+0\ I
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:
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$
$
$
$
WHEREFORE, petitioner( s) respectfully request( s) the probate of the last will and codicil( s) presented
herewith and the grant of letters -r-La-l-"C"- men~~
(testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
thereon.
Signature( s) of Petitioner( s)
J1a.lY1cy 9 I S1-jl1~
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Residence~ of peti?one: ~
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Register of Wills of Cumberland County
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA
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SS:
COUNTY OF CUMBERLAND
The petitioner( s) above-named swear( s) or affrrrn( 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 truly administer the estate according to law.
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Sworn to or affrrrned aJ\c\subscribed
~E1F~ \...y day of
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Estate of
No. ~\ OlD \(to
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, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
I J-f AJ(/\/fJ~. 2otil.J!., in consideration of the petition on the reverse side
roofhaving been presented before me, IT IS DECREED that the instrurnent(s), dated
described therein be admitted to prob;1f:,.ed of record as the last will of
; and Letters are hereby granted to Cj3 S!-rI1,s(lY)
FEES
Probate, Letters, Etc. ............. $
Will................................. $
Renunciation.. . . . . . . . . . . . . . . . . . . . . . $
Short Certificates lQ ............ $
JCP.................................. $
Automation Fee.. .. .. . .. .. .. . .. . .. $
Bond................................. $
\Total_ $
Filed 1\ \'-\ 2~
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Register of Wills
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Attorney (Sup. Ct. J.D. No.)
tto.OD
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Address
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Phone
105.805 REV 1/05
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.
No.
t2nm-/1{~
Local Registrar
Fee for this certificate, $6.00
p
12840849
NOV 062006
Date
COMMONWEALTH OF PENNSYLVA~~. DEP~R~ENT ~~~TH · VITAL RECORDS
CERTIFICATE OF DEATH
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Jane
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lb. County of 0o?I1
Cumberland
Dec.5,1920 Altoona,PA
Bd. FdlyN.....(Knot_.give_andllllllllor)
Pennsvlvania
17bCaunty Cumberland
17e. III y...llocodonllNod In T. n w p r 1>. 1 1 p n
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David R. Black
,,:. 19. _.N....(First,_._lIUII1IlIlO)
Ruth Rohland
Nanc
211>. _rsMalllngAddnlsl l_.cllyllown._. zip code'
212 Governor's Court, Philadel1fii~~PA
21.. PIIce elf llIsposiIIon IN.... of cometery. cremaIoIy or o4her piIce) 21d. l.ocalion (City flown. _. zip code)
olling'~r~en Cemetery
220. N..... and Address of FscIty ,
FD 013163-L Musselman FH&CS,324 R~mmel ~ve.,Lemoyne,PA17043
23b. LiCente NOOlbor Zlc. Dille Signed (Man", day. yew)
amp Hill,PA17011
2Oe. __ (Typo/Pmt)
.... Zle< only _ cerIIying
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""24-26_be~ III person
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24. rsneofOo8lh
26, w. c.e ReIomld 10 MedIcal E_I Cooner klf a Reason DIher Ihan Clemalion or Ilonalion?
o Yes l:l No
3:15 A.M.
CAUSE OF DEATH (SM ....true...... and ............,
....27. PART I: ~...~._. iIIjurIes. or~. ....clIrIcIyClUlOd ...do.... DO NOT enler-.l_such. ClIdilc_t,
lII!liIIIoIY I11III. or __ _ _ showing ...1tioIagy. LiII only one ..... on each line
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Ow 10 (or.. . c:onwquence of)
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28. Did Tobacco Use Contrbe to Dealll?
o yes 0 ~
o No nknown
29 KF_:
o Not pregnant wllhln pasl year
o Pregnant alllne of doalh
o :,,:m. bul prognant wllhin 42 days
o ~ ~ but progn..t 43 clays \0 1 year
o Unknown W prognllll_1l1e past year
320. Place of 1njIry: Homo. FiIIl!1. s-. FIdoIy.
0fIi0e Buidlng, ell:. (Spacify!
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bul not resulIing In Il1e underlying...... gioIen In Port I,
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EnlIr UNIlERL 'IIIll CAUSE
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o SuIcIde 0 CcUd No! be 00lermi1ed
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321. KTransportIlion InjJrf (SIled\II
ODriverIOperalor Op.- 0-111
o 0I1Ir. SpecIy:
331>. ~andTlleofCelllllor
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Duem (or... con~ 01)'
JOe. _111 NI/aifrI
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n. WIle NI/aifrI FnIngs
A_PriorIo~
of Cauoe of 008lh?
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. CIrlIIyIng pIlyIlclIn ~ cerIIying..... of _ _ anothet' ~... proncIOlIlCId _ and COIlIIlIeIed Ilem 23) ..
To tIlo _ oIlIIJ..-..go. _ 0CC0II1'IIl....1O tIlo ......,... -.......... .. _ .. _ _ _ _ _ _ _ _ _ _ _ _.. _ _ _ _ _ _ _ _. _ _. ..D
. -....gand CIItlfP!I phpIcion (PIlyoicWl boIh prll!lIllIlCing _ and CII1IIytng 10..... of_)
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. ===-..=....1 or............. In my opinion. _ oocumd II IN -. dolo.... ..and duo 10 IN ......1... - .'1IIIfcI. _..D
35. RIginIl'I . and IliIIrIcI
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33c. Ucenoe Number 3311. Dille Signed (-. day. I""'>
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LAST WILL AND TESTAMENT
OF
JANE B. SMITH
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I, JANE B. SMITH, A RESIDENT OF 2016 MILLTOWN ROAD, C~HILL,..
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CUMBERLAND COUNTY, PENNSYL VANIA, BEING OF SOUND MIND AND
MEMORY, DO HEREBY MAKE, PUBLISH AND DECLARE THIS TO BE MY LAST
WILL AND TESTAMENT, AND HEREBY EXPRESSLY REVOKE ALL PRIOR
WILLS AND CODICILS AND WRITINGS IN THE NATURE THEREOF,
HERETOFORE MADE BY ME.
I. I DECLARE THAT I HAVE TWO CHILDREN NOW LIVING: NANCY
SMITH STINSON, OF 18 WINDEHURST DRIVE, MADISON, NJ 17940; AND ERIC
M. SMITH, SR., OF 4946 MEGANWOOD LANE, JACKSONVILLE, FL 32257; AND
THAT ALL REFERENCES IN THIS WILL TO "MY CHILDREN" ARE
REFERENCES TO THEM.
II. I DECLARE THAT I HAVE THREE GRANDCHILDREN NOW LIVING:
ERIC M. SMITH, JR., OF 4946 MEGANWOOD LANE, JACKSONVILLE, FL 32257;
JAMES D. SMITH, OF 4946 MEGANWOOD LANE, JACKSONVILLE, FL 32257;
AND DANIEL R. SMITH, OF 18 WINDEHURST DRIVE, MADISON, NJ 17940; AND
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THAT ALL REFERENCES IN THIS WILL TO "MY GRANDCHILDREN" ARE
REFERENCES TO THEM.
III. I DECLARE THAT I HAVE TWO BROTHERS NOW LIVING, RICHARD
P. BLACK, OF P.O. BOX 269, PETERSBURG, PA 16669; AND WILLIAM G.
BLACK, OF 3108 BLUE DRIVE, SUPPLY, NC 28462; AND THAT ALL
REFERENCES IN THIS WILL TO "MY BROTHERS" ARE REFERENCES TO
THEM.
IV. I GIVE, DEVISE AND BEQUEATH THE AMOUNT OF $10,000.00 TO
EACH OF MY GRANDCHILDREN WHO SHALL SURVIVE ME PROVIDED,
HOWEVER, THAT IF ANY OF MY GRANDCHILDREN SHALL PREDECEASE ME
BUT ISSUE OF SUCH GRANDCHILD SHALL SURVIVE ME, THEN THE SHARE
OF MY ESTATE WHICH OTHERWISE WOULD HAVE GONE TO SUCH
GRANDCIDLD OF MINE SHALL BE DIVIDED AMONG THE ISSUE OF SUCH
GRANDCHILD OF MINE IN EQUAL SHARES.
V. I GIVE, DEVISE AND BEQUEATH THE AMOUNT OF $5,000.00 TO
EACH OF MY BROTHERS WHO SHALL SURVIVE ME PROVIDED, HOWEVER,
THAT IF MY BROTHER RICHARD SHALL PREDECEASE ME BUT HE SHALL BE
SURVIVED BY HIS WIFE FRANCESCA, THEN THE SHARE OF MY ESTATE
wmCH OTHERWISE WOULD HA VB GONE TO RICHARD SHALL GO TO HIS
WIFE FRANCESCA, PROVIDED THAT SHE SHALL SURVIVE ME; AND THAT IF
'.
MY BROTHER WILLIAM SHALL PREDECEASE ME BUT HE SHALL BE
SURVIVED BY HIS WIFE CAROLYN, THEN THE SHARE OF MY ESTATE
,
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WHICH OTHERWISE WOULD HAVE GONE TO RJl""'i~J? SlIi\LL GO TO HIS
WIFE CAROLYN, PROVIDED THAT SHE SHALL SURVIVE ME.
VI. I GIVE, DEVISE, AND BEQUEATH ALL MY TANGIBLE ARTICLES OF
A PERSONAL NATURE TO MY CHILDREN THEN LIVING IN EQUAL SHARES.
IT IS MY INTENTION TO LEAVE IN MY SAFE DEPOSIT BOX AT THE TIME OF
MY DEATH FOR THE INFORMATION OF MY CHILDREN A LIST INDICATING
PARTICULAR TANGIBLE ARTICLES OF A PERSONAL NATURE THAT I
WOULD LIKE TO BE GIVEN BY THEM TO CERTAIN PERSONS. IT IS MY WISH,
BUT NOT MY DIRECTION THAT THEY USE THAT LIST AS A GUIDE IN
DISPOSING OF THE TANGIBLE ARTICLES HEREINABOVE BEQUEATHED TO
THEM.
VII. I GIVE, DEVISE AND BEQUEATH ALL THE REMAINDER OF MY
ESTATE TO MY CHILDREN WHO SURVIVE ME, IN EQUAL SHARES
PROVIDED, HOWEVER, THAT IF ONE OR BOTH OF MY CHILDREN SHALL
PREDECEASE ME BUT ISSUE OF SUCH CHILD SHALL SURVIVE ME, THEN
THE SHARE OF MY ESTATE WHICH OTHERWISE WOULD HAVE GONE TO
SUCH CHILD OF MINE SHALL PASS PER STIRPES TO THE ISSUE WHO
SURVIVE ME OF THE DECEASED CHILD OF MINE.
I.
VIII. ALL sHAREs OF PRINCIPAL AND INCOME HEREBY GIVEN SHALL
UNTIL ACTUAL DISTRIBUTION TO THE BENEFICIARIES BE FREE OF
CONTRACTS, DEBTS, ANTICIPATIONS, ASSIGNMENTS, PLEDGES OR
OBLIGATIONS OF ANY BENEFICIARY AND THE SAME SHALL NOT BE
SUBJECT TO LEVY, EXECUTION OR A IT ACHMENT WHILE IN THE
POSSESSION OF MY PERSONAL REPRESENTATIVE.
IX. I DIRECT THAT ALL INHERITANCE TAXES THAT MAY BE
ASSESSED IN CONSEQUENCE OF MY DEATH SHALL BE PAID FROM MY
RESIDUARY ESTATE AS A PART OF THE EXPENSES OF THE
ADMINISTRATION OF MY ESTATE.
X. IN ADDITION TO THE POWERS CONFERRED BY LA W, MY
PERSONAL REPRESENTATIVE SHALL HAVE THE DISCRETIONARY POWERS
TO RETAIN FOR DISTRIBUTION IN KIND ALL MY PROPERTY OR TO SELL
ALL OR ANY PART OF SUCH PROPERTY UPON SUCH TERMS AS HE MAY
DEEM ADVISABLE; TO EXCHANGE OR LEASE FOR ANY PERIOD OF TIME
ANY OF MY PROPERTY; TO COMPROMISE ANY CLAIM OR CONTROVERSY
WITHOUT COURT APPROVAL; TO MAKE DISTRIBUTIONS IN CASH OR IN
KIND; AND TO DETERMINE THE VALUE OF ALL MY PROPERTY.
XI. I HEREBY APPOINT MY DAUGHTER NANCY AS THE EXECUTRIX
5^
OF MY ESTATE, PROVIDED THAT HE SURVIVES ME. IN THE EVENT THAT
MY DAUGHTER DOES NOT SURVIVE ME, I HEREBY APPOINT MY SON ERIC
AS EXECUTOR OF MY ESTATE.
XII. I DIRECT THAT MY PERSONAL REPRESENTATIVE SHALL NOT BE
REQUIRED TO GIVE BOND FOR THE FAITHFUL PERFORMANCE OF HIS
DUTIES IN ANY JURISDICTION.
IN WITNESS WHEREOF, I, JANE B. SMITH, THE TESTATRIX ABOVE
NAMED, HAVE HEREUNTO SUBSCRIBED MY SIGNATURE AND AFFIXED MY
SEAL THIS 19th DAY OF APRIL, 1998.
OA~j__ /3. 4~ (SEAL)
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THE FORGOING INSTRUMENT WAS ON THE DATE THEREOF
SUBSCRIBED AT THE END THEREOF BY JANE B. SMITH AND BY HER
SIGNED, SEALED, PUBLISHED AND DECLARED TO BE HER WILL IN THE
PRESENCE OF US AND EACH OF US, WHO UPON HER REQUEST, IN HER
PRESENCE, AND IN THE PRESENCE OF EACH OTHER, HAVE SUBSCRIBED
OUR NAMES AND ADDRESSES AS ATTESTING WITNESSES HERETO.
ACKNOWLEDGMENT
COMMONWEAL TII OF PENNSYL VANIA }
} ss.
COUNTY OF CUMBERLAND }
I, JANE B. SMITII, the testatrix, whose name is signed to the foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I
signed and executed the instrument as my Last Will; that I signed it willingly and that I
signed it as my free and voluntary act for the purposes therein expressed.
Sworn to or affirmed and acknowledged before me by JANE B. SMITH, the
testatrix, this 19th day of April, 1998.
~&4~
B. SMITII
William H. Andring, Esq.
Pennsylvania
. .
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AFFIDA VIT
COMMONWEAL TH OF PENNSYL VANIA }
} ss.
COUNTY OF CUMBERLAND }
We, {?rJ(' f). /I,uir r~ and So/..", r S It. V t:.!:j , the
witnesses whose names are signed to th ttached or 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 the testatrix signed willingly and
executed it as her free and voluntary act for the purposes therein expressed; that each
subscribing witness in the hearing and sight of the testatrix signed the will as a witness;
and that to the best of our knowledge the testatrix was at that time 18 or more years of
age, of sound mind and under no constraint or undue influence.
and
Sworn to or affirmed and subscribed to before me by e 4dJ ,.
Jo ,_... r.- 6'1/. v t') , witnesses, this I ~ day of April, 1998-
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~ess .
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illiam H. Andring, Esq.
Pennsylvania
. ,
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ATTORNEY'S CERTIFICATION
COMMONWEALTH OF PENNSYLVANIA
}
} ss.
}
COUNTY OF DAUPIIRJ C1.JHf3eALANb
On this, the ~ day of ( JUfl 0, , 1998, before me
~ AC--AN AI {;. . ' the undersigned officer, personally appeared William H.
Andring, known to me or satisfactorily proven to be a member of the bar of the highest court of
Pennsylvania, and certified that he was personally present when the forgoing acknowledgment
and affidavit were signed by the testatrix and witnesses.
In witness whereof, I hereunto set my hand and official seal.
-&OZgMAcrlf(ff
NOTARIAL SEAL
GEORGANN E. KEG8. No1IIY PubIc
Camp HI. cumberland CounlY
My Commlsslon expires Feb. 29, 2000
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