HomeMy WebLinkAbout01-11-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Deceased .
No. d. \
Social Security No.
(:) \ aD?)~
360-18-5585
Estate of
JANETJ.MURPHEY
DIANE L. MURPHEY LAND
Petitioner, who is 18 years of age or older, applies for:
(COMPLETE "An OR "B" BELOW:)
A. Probate and Grant of Letters and aver that Petitioner is the Executor named in the Last Will of
the Decedent, dated AUQust 28. 2006 and codicil(s) dated
State relevant circumstances, e.g. renunciation, death of Executor, etc.
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 probate; was not to victim of a killing and was never adjudicated incompetent:
B. Grant of Letters of Administration ;~~
(d.b.n.c.t.a.: pendente lite; durante absentia; durante mincKiiate) .;:':.
Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survivedb:~ the foliIDving
spouse (if any) and heirs:) C) :'.;
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Name Relationship Residence .. , -
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COMPLETE IN ALL CASES:) Attach additional sheets If necessary.
Decedent was domiciled at death in Cumberland County. Pennsylvania. with her last family or principal
residence at 717 Oak Hill Road. Monroe Township
(List street, number and municipality)
Decedent. then 80
years of age. died January 7. 2007
at 20 Ridqe Road. Etters .PA
(Location)
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 ......................................................................................................................$
50.000.00
T otal...................................................................................................... $
250,000.00
300.000.00
Real Estate situated as follows:
717 Oak Hill Road, Monroe Township, Cumberland County. PA
Wherefore, Petitioner respectfully requests the probate of the last Will presented with this Petition and the grant
of letters in the appropriate form to the undersigned:
Signature
Typed or printed name and residence
Diane L Murphey Land
1744 North Adams Street
Pottsville, P A 19476
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
:SS.
The Petitioner above-named swears and affirms that the statements in the foregoing Petition are true
and correct to the best of the knowledge and belief of Petitioner and that, as personal representative of the
Decedent, Petitioner will well and truly administer the estate according to law.
Sworn to and affirmed and subscribed
Before me this II day of
~~~~~
:f
No.
d.. \ (:) \ ()~~~\
Estate of
JANET J. MURPHEY.
, Deceased.
Social Security No: 360-18-5585 Date of Death: January 7.2007
AND NOW, (\", ,,' " n, ~, I (Q , 2007, in consideration of the Petition on the reverse side
hereon, sati~ ng been presented before me,
IT IS DECREED that Letters Testamentary are hereby granted to DIANE L. MURPHEY LAND in the above
estate and that the instrument(s) dated August 28.2006 described in the Petition be admitted
to probate and filed of record as the last Will of the Decedent.
FEES
Letters........................... $
3 10 DO
dO-DO
IS'OO
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Register of Wills (P-^1!f<' . ~
Short Certificate(s) $
RenunclatloniIJ.!.fL.. $
Affidavit ().................. $
Extra Pages ()....... $
Codicil............................ $
JCP Fee....................... $
'nventory.......:n....;0 $
Other.:X.P.J.~:.... $
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Attorney: ~~hard W. Stewart
I.D. No: 18039
Address: Johnson. Duffie. Stewart & Weidner.
301 Market Street. P.O. Box 109. Lemoyne. PA 17043-
Telephone: 717-761-4540
TOT AL......... $ 3&0, U 0
LAST WILL AND TESTAMENT
OF
JANET J. MURPHEY
.C)
I, JANET J. MURPHEY, of the Township of Monroe, County of Cumberland, Commonwealth
, .~-) ;.i~
of Pennsylvania, declare this to be my last Will and revoke any Will previously made by meE-;
"- -.,
ITEM I. I devise and bequeath all of my estate of every nature and wherevtir situate~10
. I ,..... ':I
my husband, WILLIAM J. MURPHEY, JR., if he survives me. .1 ~:~~
..1:--
ITEM II. Should my husband, WILLIAM J. MURPHEY, JR., fail to survive me, I make
the following disposition of my estate:
A. I bequeath the sum of Ten Thousand ($10,000.00) Dollars or twenty (20%)
percent of my estate, whichever is greater, to the COLLEGE OF WOOSTER, Wooster, Ohio.
B. I devise and bequeath the residue of my estate of every nature and wherever
situate as follows:
1. One-half (1/2) thereof to my daughter, DIANE L. MURPHEY LAND, if
she survives me. If my daughter, DIANE L. MURPHEY LAND, fails to survive me, I
devise and bequeath her share to her issue, per stirpes, who survive me.
2. One-half (1/2) thereof to my grandson, NATHAN GABRIEL
MURPHEY POLONI, if he survives me. If my grandson, NATHAN GABRIEL
MURPHEY POLONI, fails to survive me, I devise and bequeath his share to my son-
in-law, LOUIS POLONI, if he survives me.
ITEM III. I appoint F & M TRUST COMPANY guardian of any property which passes,
either under this Will or otherwise, to a minor and with respect to which I am authorized to appoint a
guardian and have not otherwise specifically done so, provided that this appointment of a guardian
shall not apply to property distributable to a minor for whom I have otherwise made special provision
and provided further that this appointment of a guardian shall not supersede the right of any fiduciary
in its discretion to distribute a share where possible to the minor or to another for the minor's benefit.
Such guardian shall have the power to use principal as well as income from time to time for the
minor's support or education (including college education, both graduate and undergraduate) without
regard for his or her parent's ability to provide for such support and education, and to make payment
for these purposes, without further responsibility, to the minor or to the minor's parent or to any
person taking care of the minor.
ITEM IV. I direct that all taxes that may be assessed as a consequence of 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 V. I appoint my daughter, DIANE L. MURPHEY LAND, Executrix of this, my last
Will. Should my daughter, DIANE L. MURPHEY LAND, fail to qualify or cease to act as Executrix, I
appoint my son-in-law, ROBERT N. LAND, Executor of this, my last Will.
ITEM VI. I direct that my Executor or guardian or their successors shall not be required
to give bond for the faithful performance of their duties in any jurisdiction.
IN WITNESS WHEREOF, I, JANET J. MURPHEY, have hereunto set my hand and seal this
<2)J' t L. day of AIJ'av'J v , 2006.
SIGNED, SEALED, PUBLISHED AND DECLARED, by JANET J. MURPHEY, the Testatrix
above named, as and for her Last Will and Testament and 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.
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AFFIDAVIT AND ACKNOWLEDGMENT
COMMONWEALTH OF PENN5YL VANIA
55
COUNTY OF CUMBERLAND
We, JANET J. MURPHEY, t ICL,,, ~c;l W Stewo.... ,- and
y:{c~ flu c. fA \I "'''''''''0- 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 purposes therein expressed, and that each
of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witness
and that to the best of his/her knowledge the Testatrix was at that time eighteen years of age
or older, of sound mind and under no constraint or undue influence.
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Wijness ~
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Witness'
Subscribed, sworn to and acknowledged be.fe e me by JAN~T, J. MURPHEY,
Test~iX. and subscribed and sworn to before me b , .-3IG1l1Jft
and mlJlL ~ . M.luu./~ , witnesses, this j~~ay of ,2006.
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Notary Public
:282150
COMMONWEALTH VI' PEI\lNSYLVANIA
NotariaJ Seal
Dana L WJeseman, NotaJy Ptdc
lsnoyne Boro, Cunberland Comly
MyCommission Expires Nov. 15, 2008
Member, PlJr)'?li :iiOl<1 ASSOCIation Of Notartes