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Home My WebLink About12-01-06 .'.~....... o . ~ 'J Register of Wills of Cumberland County Estate of Elizabeth L. McElwain also known as PETITION FOR PROBATE and GRANT OF LETTERS No. e9\-CRo-\oa~ To: , Deceased. Social Security No. 200-09-2347 Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older, and the execut or named in the last will of the above decedent, dated October 9 ,2006 and codicil(s) dated (state relevant circumstances, e.g. renunciationJ death of executor, etc.) Decedent was domiciled at death in Cumberland Pennsylvania, with h~1iast family or principal residence at 9 Carlisle Road, West Pennsboro Township (list street, number and municipality) County, Decedent, then 85 years of age, died November 11 ,20~ at Philadelphia. PA 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: Decendent was married to Guy E. McElwain. He died on June 17. 1998. Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property $ 255 , 000 . 00 (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania $ 295 .000. 00 situated as follows: Real estate together with improvements thereon, situate at 9 Carlisle Road, West Pennsboro Township, Cumberland County, Pennsylvania. 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.) " Residence( s) of Petitioner( s) 19 Midland Road Newville. PA 17241 Vd '0:1 U~rVld3a~n8 18n08 S,NVHd~O jO )itf310 LO =ZI Wd L I AON 900l :^' -: ;')~ 0; .:J' .:10 3JI~JO 03080838 . Register of Wills of Cumberland County OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA } ss: COUNTYOFCUMrnERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best ofthe knowledge and belief ofpetitioner(s) and that as personal representative(s) of the above decedent petitioner(s) will well and truly administer the estate accordi to law. Sworn to or affirm~~ sugscribed Before me this~ day of cNovember ,20 06 .~ { (Il 00' l:l ~ r:: d ,-.... ~ No. 71.614..-(02.t.f Estate of Elizabeth 1. McElwain, Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ~'oe..c- 4- 20...QQ., 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 October 9. 2006 , described therein be admitted to probate filed ofrecord as the last will of Elizabeth L. MrRlw.qin ; and Letters are hereby granted to Allen Andrew McRlw~in FEES Probate, Letters, Etc. ....... ...... $ Will................................. $ $ $ $ $ $ $ Register of Wills Richard 1. Webber, Jr., Fa. ID 1149614 Attorney (Sup. Ct. 1.0. No.) 126 East King Street Shippensburg, PA 17257 Address ~ ~c~J Renunciation............ ....... .... Short Certificates ( ).. .. .. .. .. . . JCP. . .. ......... . '" .. .., . ... ... ... .. Automation Fee................... Bond............................. .... Total Filed 20_ Phone (717) 532-7~8'O:) QN\nti39v'if\~ lBn08 S,NVHdtK) :\0 )\H31G LO :ZI Wd L I ^ON 9DOZ C,--j ):) 'J -' '"' 'F'11J 1(\ n'J~ (i'J,t"'l\J'~: ]vuJV \j \..)L \..)'~' W 05.805 REV 1/05 This is to certify that th~ 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. )i...... ~. ~bl--~~ Local Registrar Fee for this certificate, $6.00 P 12994895 NOV 1 5 ?1lO6 Date (") S=O ;0 i) ;;g ;- '1 ::c (") :.,,'2 ;r:> Fn -:.~ :z; :0 ~ZU):;;:-:::: \..)(")0 (jO-n ~ C P::o -0 --I :J.:::- r-) c::> ~ 0'" ~'P C5 ...:::: N -.I -0 :x: - .. '-' ) '.~) -'f~ U1 ~1111.143 REV. G:1I2lDI 1lPEIPAIIT It -.err BUa( I<< I._of COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT Of HEALTH. VITAL RECORDS CERnFlCATE OF DEATH STAlE Fl.E NUMBER 4. I I McElwain - J n. IladII6 UIuII !<hi Wadl ftG~~~tered Medical 18. 1ladII6-._<-.cIJ'..... _ "". 9 Carlisle Road Newville, PA 17241 1:z._~_In" u.a_,,-, [Jv. No llIIlIdonlI ........llooIrlorIal7.._ 171l.CaIrllr lWp. ~'1bD 18. F..-s-(FIIII.-'-' David AIJen Leieher llIo. __ lPt'~ CaIfIIlI'" 2iIK..,_...,... ......1I11111~...of...... ...,_of..... ...lII-a _...........,,.... ....~..... :Ii. 0. __ Dood....... dIr."" pu. NO ~","'\b-u- II { '2..ca ~ OF c--...e--_._I .. '11. PARr t EnIIr..dIiLtt.IIIIIIL-............",~ - ........,CIUIId....... DO NOr........ _................. 1III**rY...",.........--.........IIIcIotw. UIl"'..._IIl_IIno. ===.....--. .. G:.nJ..':'c.v'-~CJ.J-~ Lo\."-~&<.. ~1It~... II- ~r';;"~J-L W&r\-- f==~,-~ =':"~c.dE ou.lD(ar..~ =-~':...~ AppIaiIIIIIt - Q1Iot III CollI Part": EI*r..............~IllIiiIIIIIiIlnllIlll... 1M1lIlI.......1n..~_aMn In PlI1 L J ho\).('" I M-d\ ~ f-!a,( 11M 1-( /'/1 (0"\ ~ o..(or_.~CIII): -- QJ c 1 4. .. ,..., - 3lII. W.AuIaIIIr 31. _ofllloll ==.,~ il'- [J1bnIddo o Yoo l!iI No 0 - 0 ~ IIMIIIgoIln 3211. Tmoof~ 0- .DCoolIdNal"~ 32u- lJlcIIIIIlof~<-'cIJ''''''''--) ~. DNo M, ~ I ~ I 35, ~. "'lMIcl~ . ~.~b..\..~~ I;J. I I J LAST WILLAND TESTAMENT I, ELIZABETH L. McEL WAIN, presently residing at 9 Carlisle Road, N ewville, West Pennsboro Township, Cumberland County, Pennsylvania 17241, being of sound mind, memory and disposition, do hereby make, publish and declare this my Last Will and Testament, hereby revoking and making void all Wills by me at any time heretofore made. FIRST: PAYMENT OF EXPENSES - I order and direct my personal representative hereinafter named to pay all of my just debts, funeral expenses. and expenses involved or connected with the administration of my estate as soon after my death as is reasonable possible. However, my personal representative need not accelerate and pay those un-matured obligations which, in his, her or its opinion, it might be proper and more advantageous to retain or renew and pay as they become due and payable. If I do not own a burial plot or a grave marker at the time of my death, I authorize my personal representative, in his, her or its sole discretion, to purchase a burial plot and erect a suitable grave marker at my grave, and to expend sums from my estate for this purpose. SECOND: . My children shall equally divide my photographs. In addition, they may choose any items of my household tangible property and personal effects, with each child choosing one item at a time in a "round robin" fashion beginning with the oldest to youngest. THIRD: MONETARY GIFT - I hereby give and bequeath the following monetary sums as listed: (A) Five Hundred Dollars ($500.00) to the Big Spring Area Food Bank of Newville, PA; (B) Five Hundred Dollars ($500.00) to Neighbors in Christ of Newville, P A; (C) Five Hundred Dollars ($500.00) to the Women's Association of the First United Presbyterian Church of Newville, P A; and (D) One Thousand Dollars ($1000.00) to each of my grandchildren and great- grandchildren. ~ ~ FOURTH: RESIDUE OF ESTATE - I give, devise and bequeath all my estate, real, personal and mixed, whatsoever and wheresoever situate, equally to my children, SALLY McELWAIN SMITH, GUY EDWARD McELWAIN, JR., ALLEN ANDREW McELWAIN, and BARBARA McEL WAIN DeMAN GO. Should any of my children predecease me but leave descendants who so survive me" s~ch desC\"1d~.....s shall receive, per stirpes, the share that such predeceased child would have\ttc~tlklfWOO~: . e so survived me. lCJnoJ S~~ .. . :10 >ltt3l8 LO :21 Wd L I ^ON 90DZ S"\ UN\ jO JO 38!:H) 030tiO:)3t1 WEIGLE & ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 FIFTH: PERSONAL REPRESENTATIVE - I nominate, constitute and appoint, ALLEN ANDREW McELWAIN, to be the Executor of this my Last Will and Testament. In the event that he be unable to fulfill the duties of Executor, I then nominate, constitute and appoint BARBARA McELWAIN DeMANGO as Executrix of this my Last Will and Testament. SIXTH: WAIVER OF BOND - I direct that my personal representative and substitute shall not be required to give bond for the faithful performance of their duties in any jurisdiction. SEVENTH: COMPENSATION OF FIDUCIARIES - My personal representative shall be entitled to reasonable compensation for his or her services rendered from time to time and/or 'to reimbursement of out-of-pocket expenses. EIGHTH: TAXES - I hereby direct that all federal, state and other death taxes payable because of my death; with respect to the property forming my gross estate for tax purposes, whether or not passing under this Will, including any interest or penalty imposed in connection with such taxes, shall be considered a part of the expense of administration of my estate and that such be paid out of the rest and residue of my estate. _ NINTH: MY HOUSE - It is my sincere desire that my children amicably resolve issues involving my house. It is not magic, just old and comfortable. IN WITNESS WHEREOF, I, ELIZABETH L. McEL WAIN, have hereunto set my hand and seal to this my Last Will and Testament, the first page signed for identification only, this Cj1-L.. day of OCnbtv- , 2006. IF' f1J-~j~ ELIZA TH L. McELWAIN (SEAL) WEIGLE & ASSOCIATES. RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 This instrument was by the Testatrix, on the date hereof, signed, published and declared by ELIZABETH L. McEL WAIN to be her Last Will and Testament, in our presence, who at his request and in the presence of each other, we believing her to be of sound and disposing mind and memory, have hereunto subscribed our names as witnesses. COMMONWEALTH OF PENNSYLVANIA 1i~/1 ~ f Q t'I/!nI;J : J !JIPu~ / . .l;lLYkf SS COUNTY OF CUMBERLAND I, ELIZABETH L. McEL WAIN, 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 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. {#Jdk cK fJ1tP~ ELI ABETH L.McEL W AIN Sworn or affirmed to and acknowledged before me by E~IZABETH L. McEL WAIN, the Testatrix, this ~ day of ()c+),l r , 2006. ~ iL.~/\ /J - Notary Public NOTARIAL SEAL RICHARD L. WEBBER JR., NOTLAARJri~g~~ SHIPPENSBURG BORO, CUMBER MY COMMISSION EXPIRES JULY 15,2010 WEIGLE & ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND we,~ ~rI C,,, A J;f V and ~)(Cl.At1.,;L :], G,Md ~ 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 ELIZABETH L. McELWAIN, the Testatrix, sign and execute the instrument as her Last Will; that she signed willingly and 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 (18) or more years of age and of sound mind and under no constraint or undue influence. I!~Aj . ~ ~~~9,JjIU Sworn or affirmed to and subscribed before me b~4r1C(C A (-J€ ,/ and 'RWiUJtJ;L T c;~4d witnesses, this 9ft" day of OC-h),6.r ,2006. 70 1 ~.IA--J Notary Public R1CHAR~ ; . SHIPPEN&f\. . MYCOi, ",' ~'!'t,~.u. SEAL NOTARY PUBUC ,..U~~8~f~i.AND COUNTY . ;iJL Y 15, 2010 I NOTARIAL SEAL RICHARD l, WEBSEP ,tR! ~OTARY PUBUC 8HlPPINIBURG BORO, Cd{~;iE~I.AND COUNTY MY COMMlSSlON EXfita;.S uUL Y 15,2010 WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397