Loading...
HomeMy WebLinkAbout01-12-07 CUMBERLAND Register of Wills of County 1 Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Jesse 'F. Smith No. -2./- (}1- '-I &J also known as , Deceased Social Security Nq. 043-03-9512 PetitiCln../III. Who 11I_ 18y_ 0'_ Of _,. applY_I tor; (COMPLETE "A" OR "B" BELOW:1 ,r-,. A. Probate and Grant of Letters and aver that Petitioner/s) is/are th~Oexecut ors named in the Last Will of the ";.I Decedent, dated June 28, 1991 and codicil(s) dated July 29, 2003 Stlllo '...,..1 d___. o.g.. _undllliDII, deeth 01 o.ooutOl. olG. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probattl; was not the victim of a killing and was never adjudic8tsd incompstent: 'r:I B. Grant of Letters of Administration Cc.,.... d.b.n.c.l...: pendente lit.: ...,. abRntia: w.....\,., minoftc..1 Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: Name Relationship Residence --,-, )> w Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her lastThmily or principal residence at. 128 Henrv Road. Enola. East Pennsboro Townshio. PA 17025 Ilio, 0"_. numbo. .,d muniGipoli,y) Decedent, then 84 years of age, died December 22, ,20Q.&....,at 128 Henry Road, Enola, PA. 17025 ILooa,ionl Decedent at death own'd property with estimated values as follows: (If domiciled in PAl All personal property .............................. $ (If not domiciled in PAl Personal property in Pennsylvania. . . . . . . . . . . . . . . . . . . . . . $ (If not domiciled in PA) Personal property in County. . . . . . . . . . . . . . . . . . . . . . . . . . $ Value of real estate in Pennsylvania ...............,............................... $ Total .. . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . $ Real Estate situated 85 foHows: 128 Henry Road. Enola. PA 17025 20,000.00 140 000.00 160.000.00 Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of letters in the appropriate form to the undersigned: Typed or printed name and residence Jesse F. Smith Jr. P.O. Be-x 223 814-234-0422 Pamela.Corl 128 Henry Road, Enola, PA 17025 RW-1 Oath of Personal R-epresentative Commonwealth of Pennsylvania County of The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) ~nd that, a nal representative(s) of the Decedent, Petitioner(s) will well and truly administer the esta accor' g t a Sworn to and affirmed and subscribed before me this 1:;). day of DECREE OF REGISTER Estate of Jesse F. Smith Deceased J,I-O?- L/(P No. also known as Social Security No: 043-03-9512 Date of Death: December 22, 2006 AND NOW, 6 I.;L , 201YL-. in consideration of the Petition on the reverse side eon, satis actory proof having been presented before me, IT IS DECREED that Letters IXI Testamentary 0 of Administration are hereby granted to Jesse F. Smith Jr. and Pamela Corl Ic.r....; d.b.n.e.t.; penden[e Il": durante abuntia; du..-.te mino,i'.",) in the above estate and that the rnstrument(s), if any, dated June 28, 1991: and July 29, 2003 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters........................... $ .J ~.~ Short Certificate(s).......... $ ~,-\-(j::) nentJReiation..~~n......... $ l'S,(j) Affidav;L ( ).~4:\~~.... $ \S ,00 .Extra Pages ( )............ $ Codicil.......................... $ JCP Fee...?:..~~........ $ lS;.e:P Inventory & Tax Forms... $ Other............................ $ TOT AL................ $ 3~",cD RW-7a LJi1w~~'1,.Jh~ . ....,..., ., Wil. ~ - ~ ~. ~ Esquire 15316 109 Locust Street Harrisburq. PA 17101 Telephone: 717-232~1488 DATE FILED: \- '2- 01 OH05 REV 1105 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. ftAta.i(k- Local Registrar Fee fot this certificate, $6.00 P 13215259 ~.eee4l) ~e... ^~t ~~C!l(P Date o Co :;:::0 :1==0 ;'1-.0 --~ ~ S3 ,;,::: en 7, , Ie),) -'1 C> :" (--:)c::: -,;~~ .J--~ ,....., c;::J c;::) --a <- ):lIII> % -r.J L~~ C"") 51 :-,J ("'\ C:J (~ ::'T"l -n e=:, ,n N ;:z::.. :::II: - .. H1GIi1GAEY_ TWElflMIf II ffJIoWIIfT fUG(M '- ...."'~,...,......... ~llU1lEALlHOfPENNSYLVANlo\ e DEPNmleNTOF.HEALlH eVITALRECORDS CERTIFICATE OF DEATH w ... WMule, T"P' Cilwl'" 1 l!i I "'-1 ._"....",-, "." ,'.' ,- . . letst JHl1 mW Q[tsfmtttttf QZ JESSE F. SMITH I, JESSE F. SMITH, of East Pennsboro Township, Cumberland County, Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at anytime made. ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my estate or by any recipient of any property, shall be paid by the Executor out of the property passing under ITEM IV of this Will, as an expense and cost of administration of my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM II: expenses of my last illness property passing under this administration of my estate. I direct the Executor to pay the and funeral expenses from the Will as an expense and cost of ITEM III: If I predecease my wife, KETURAH E. SMITH, I give and bequeath to her absolutely and in fee simple all of my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment and all policies of insurance thereon. If I do not predecease my said wife, I make said bequest to my children living at the time of my death, to be divided among them as they shall agree. Should there be no agreement, such property shall be divided among them by the Executor in as nearly equal portions as is deemed practical in the sole discretion of the Executor, having due regard to the personal preferences of such children. ITEM IV: V'(J 'ei::) c;I".gi'fe(~r' devise and bequeath all the rest, residue and re~'~i...~.V.I~~~ estate, not disposed of j(j)JI. I~~'~", '-' /10:; ,J Page 1 SC : I UIV 211~'Vr lvaz .~ ,I I.'~\ f I ..:n If, :~, ~~I/ 'T':; "" ., v j');jJ'J (-{/ 1,1: j' I]! f .~._. \'J;J '-' ...,'.JCJ ~ . . . . . . in the preceding portions of this Will, to my wife, KETURAH E. SMITH, if she survives me. If she does not survive me, I make said bequest and devise to my children, in equal shares. If any of said children are not living at my death, the share of said deceased child shall be paid to the then living issue of said deceased child, per stirpes. ITEM V: In the settlement of my estate, the Executor shall possess, among others, the following powers: (a) To retain any investments I may have at my death, including specifically those consisting of stock of any bank even if I have named such bank as the Executor herein, as long as the Executor may deem it advisable to my estate so to do. (b) To vary investments, when deemed desirable by the Executor, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other property, real or personal, as the Executor shall deem wise, without being restricted to so-called "legal investments", and without being limited by any statute or rule of law regarding investments by fiduciaries. (c) In order to effect a division of the principal of my estate or for any other purpose, including any final distribution, the Executor is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind, and to allocate specific assets among beneficiaries hereunder so long as the total market value of any share is not affected by such division, distribution or allocation in kind. Should it appear desirable to partition any real estate, the Executor is authorized to make, join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, recognizances or other obligations, with as wide powers as an individual owner in fee simple. (d) To sell either at public or private sale and upon such terms and conditions as the Executor may deem advantageous to the estate, any or all real or personal estate or interest therein owned by the Page 2 p/# .' ." . . estate severally or in conjunction with other persons or acquired after my death by the Executor, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application Of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, aCknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon the Executor in this paragraph or elsewhere in my Will. (e) To mortgage real estate, and to make leases of real estate. (f) To borrow money from any party, including the Executor, to pay indebtedness of mine or of my estate, expenses ot administration or inheritance, legacy, estate and other taxes, and to assign and pledge assets of my estate therefor. (g) To pay all costs, taxes, expenses and charges in connection with the administration ot my estate. (h) To make distributions of income and of principal to the proper beneficiaries thereof, during the administration of my estate, with or without court order, in such manner and in such amounts as my Executor deems prudent and appropriate. (i) To vote any shares of stock which form a part of the estate, and otherwise to exercise all the powers incident to the ownership of such stock. (j) In the discretion of the Executor, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of the estate. Page 3 ~ F (k) To disclaim any interest in property which would devolve to me or my estate by whatever means. including but not limited to the following means: as beneficiary under a will. as an appointee under the exercise of a power of appointment. as a person entitled to take by intestacy. as a donee of an inter vivos transfer. and as a donee under a third-party beneficiary contract. (1) To do all other acts in the Executor's judgment deemed necessary or desirable for the proper and advantageous management. investment and distribution of the estate. ITEM VI: Any person who shall have died at the same time as I shall have, or in a common disaster with me, or under such circumstances that the order of our deaths cannot be established by proof, or within thirty (30) days of my death, shall be deemed to have predeceased me. ITEM VII: If at any time any child under the age of twenty-one (21) years shall be entitled to receive any assets hereunder, the person serving as Executor shall receive such assets as Custodian under the Pennsylvania Uniform Gifts to Minors Act for that beneficiary. Such Custodian may receive and administer all assets authorized by law. and shall have full authority as provided in the Pennsylvania Uniform Gifts to Minors Act to use such funds in the manner it deems advisable for the best interests of such beneficiary. In addition, said Custodian shall have all the rights and privileges as to the Custodianship and its assets as are herein granted to the Executor as to my estate and the assets therein. I also designate said Custodian as successor Custodian of any property for which I am custodian under any Uniform Gifts to Minors Act. ITEM VIII: I hereby nominate. constitute and appoint wife, KETURAH E. SMITH. to be the Executrix, herein referred to as "Executor". In the event of her death or her inability or refusal to serve, I nominate, constitute and appoint my daughter, KETURAH J. KAUFMAN, to be the Executor. Page 4 ~ >' '.. . The Executor and Custodian are specifically relieved from the duty or obligation of filing any bond or other security. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding four (4) pages, at the end of each page of which I have also set my initials for greater security and better identification this * day of ~i1I~r , 1991. ~. ~~ (SEAL) We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above- named Testator as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year first above written, and we certify that at the time of the execution thereof, the said Testator was of sound and disposing mind and memory. )in,,; a. 7l/'J~-(SEAL) Re ~h~ 'III~~SEAL) R~siding at '/;1/ fkq~ ~ ~ j? ~ ~ fJJ nodS \SQ f ~ (SEAL) Residing af%..J.. fl) ~d.3 ~-r ~ -Q~ __( ---L_ '- . , . , . .II If'" ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA ) ~hll~j,J:A, ) COUNTY OF AJ~--r~ ) SS: Is JESSE F. SMITHs Testators whose name is signed to the attached or foregoing instruments having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. L/~ J~SE F. SMITH (SEAL) Sworn to and subscribed before me thi s :< ~ III day of ~. 19'1/. Commission Expires: (SEAL) NotaOal ~ PubiC Jan9lM.~~~ ~ expresNov. 29. 1993 thi . ~ot~ M0~:;tef, pel'~ . . , " I , . ~ t AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ) . · 'fl/.tI~ f.IfJ .~ and he Witnesses whose nam~s ar~ signed d or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator, JESSE F. SMITH, sign and execute the instrument as his Last Will and Testament; that Testator signed willingly and that he executed said Will as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as wi tnesses; and that to the best of our knowledge the Te'stator was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. jiwi d. 'f);uoeL I Witness Yfl.t-:J.; '1Jt. ?/~ojl Witness Sworn to and subscribed befor~me thi s c:< ~ ~ day of ()~ . IHfo ~~ Notary Public My Commission Expires: (SEAL) Notarial Seal Janet M. Howell, Notary PubIio Harrisburg, Dauphin County My CommissiOO Expires Nov. 29, 1993 Member, Pennsylvania AssociatiOn of NotarieS I.. " OF JESSE F. SMITH I, JESSE F. SMITH, of East Pennsboro Township, Cumberland County, Pennsylvania, declare this to be the sole Codicil to my Last Will and Testament dated June 28 1991. FIRST: I delete Item VIII in my Last Will and Testament and in substitution thereof, I add the following paragraph: Item VIII. I hereby nominate, constitute and appoint my wife, KETURAH E. SMITH to be the Executrix of my estate. In the event she is unable or unwilling to serve, then I nominate, constitute and appoint my daughter, PAMELA CORL and my son, JESSE F. SMITH, JR., as Co-Executors of this my Last Will and Testament. SECOND: In all other respects, I hereby ratify, confirm-and republish my Last Will and Testament dated June 28, 1991, together with this sole Codicil, as and for my last Will. IN WITNESS WHEREOF, I, have hereunto set my hand and seal this ;J 9 day of July, 2003. ~~~ ~ JesseF. Smith Signed, sealed, published and declared by the above-named, JESSE F. SMITH, as and for a Codicil to his Last Will and Testament, in our presence, who in his presence, and in the prese f each other, and a his request, have hereunto set our hands as subscribi e es her /Oy ~7:L- -~ ---- Address ~ ~~ ; .. ...... COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF DAUPHIN We, JESSE F. SMITH, ..... ~ ~;:1'. ~. and - {/ ~;r;r Atm<../af; . the Testator and the witnesses respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned officer that the Testator signed the instrument as a Codicil to his Last Will and that he signed voluntarily and that each of the witnesses in the presence of the Testator at his request, and in the presence of each other, signed the Codicil to his Will as a witness and that to the best of the knowledge of each witness, the Testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. ~4/'~ Sworn to and subscribed before me by JESSE F. SMITH, the Testator, and su~cribed and sworn to. before me b"J~ a . _' and . , the witnesses, is dr 9 day of July, 2003. Ca NO~b~ My Commission Expires: NOTARlAL SEAL . ANN J.lONG. Nota~~ tu C' of Han'!Sburg. pau ~n.~. ~ommiSSlOll Ex res 1. 30 .2000 2