HomeMy WebLinkAbout01-17-07
Estate of
PETITION FOR PROBATE AND GRANT OF LETTERS
Register of Wills of Cumberland County, Pennsylvania
en () 'l 6(:) s~
202-36-6440
Deceased
File No.
Social Security No.
RICHARD W. SHEARER
BARBARA A. SHEARER
Petitioner(s), who is/are 18 years of age or older, apply(ies) tor:
(COMPLETE "A" OR "B" BELOW:)
0' A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the
named in the Last Will of the Decedent, dated November 9, 2006 and codicils(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 instrument(s) offered for probate; was not the victim of a killing and was never adjudicated an incapacitated person:
D
B.
Grant of Letters of Administration
(if applicable, enter: c.t.a.; d.b.n.c.t.a.; pendent elite; durante absentia; durante minoritate
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Relationship
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(COMPLETE IN ALL CASES): Attach additional sheets if necessary.
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Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or prin(;ipal resioence at
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19 John Mar Court, Monroe Township, Mechanicsburq, Cumberland County, PA 17055 r,)
(Ust street, address. town/city, county, state, zip code) L:"':
Decedent, then 60
years of age, died on
January 4, 2007 at
Holv Spirit Hospital, Camp Hill, Pennsvlvania
(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 ......................................................................................................................$
T otal......................................................................................................... $
24,000.00
24,000.00
Real Estate situated as follows:
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:
5i nature
T ed or rinted name and residence
Barbara A. Shearer
19 John Mar Court
Mechanicsbur , PA 17055
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Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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 belief of Petitioner(s) and that, as personal representative(s)
of the Decedent, Petitioner(s) will well and truly administer the estate according to law.
Sworn to and affirmed and subscribed
Before me this ~ day of
~~07
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ar6ara A. Shearer , ~J,
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File No.
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Estate of
RICHARD W. SHEARER
, Deceased.
Social Security No: 202-36-6440
Date of Death:
January 4. 2007
AND NOW, C\~~ \ '1 ,2007, in consideration of the foregoing Petition, satisfactory
proof having been presented be e me, IT IS DECREED that Letters Testamentary are
hereby granted to Barbara A. Shearer in the above estate and that
the instrument(s)dated November 9,2006 described in the Petition be admitted to
probate and filed of record as the Last Will and Testament of the Decedent.
FEES
Letters........................... $
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1Cs,. 00
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Register of Wills .' ~
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Attorney: EDMUND G. MYERS
1.0. No: 20558
Address: Johnson. Duffie. Stewart & Weidner.
301 Market Street. P.O. Box 109. Lemoyne. PA 17043-
Telephone: 717-761-4540
Short Certificate(s) $
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Affidavit ().................. $
Extra Pages ()....... $
CodiciL.......................... $
JCP Fee....................... $
InventOry........:fQ.... $
OthCf;....~............. $
TOT AL......... $
10-00
5.00
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This is to certify that the information here given is correctly copied from an original ce~ificate of death dulr filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records OffIce for permanent fthng.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate. $6.00
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Last Will and Testament
OF
RICHARD W. SHEARER
I, RICHARD W. SHEARER, of Monroe Township, Cumberland County, Pennsylvania,
being of sound and disposing mind, memory and understanding, do hereby make, publisl1.fU1d
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declare this as and for my Last Will and Testament, hereby revoking and makingvQitJ any aBd all
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Wills or Codicils at any time heretofore made by me.
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ARTICLE I
DEBTS
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I direct the payment of all my legal debts and the expenses of my last illness and funeral
from my Estate as soon after my death as conveniently may be done.
ARTICLE II
TANGIBLE PERSONAL PROPERTY
I give and bequeath my motor vehicle(s), household and personal effects and other tangible
personalty of like nature (not including cash or securities) together with any existing insurance
thereon, unto my wife, BARBARA A. SHEARER. If my wife, BARBARA A. SHEARER,
predeceases me, I give and devise the same unto those of the following of my children,
TOINETTE M. LUMADUE, RICHELE ANN DURBIN, and STACEE L. DICKENSHEETS,
who survive me, to be divided equally among them in as nearly equal shares as is practicable.
ARTICLE III
REST, RESIDUE AND REMAINDER
I give, devise and bequeath all of the rest, residue and remainder of my estate, of whatever
nature and wherever situate, unto my wife, BARBARA A. SHEARER. If my wife, BARBARA
A. SHEARER, predeceases me, I give, devise and bequeath the residue of my estate in equal
shares unto my children, TOINETTE M. LUMADUE, RICHELE ANN DURBIN, and
ST ACEE L. DICKENSHEETS, or the then-living issue, per stirpes, of anyone of the foregoing
who predeceases me.
ARTICLE IV
UNIFORM TRANSFERS FOR MINORS
In the event any beneficiary of my Will has not reached the age of twenty- five (25) years
at the time for distribution of his or her share, distribution of said share may be made in the
discretion of my Personal Representative after considering the age and needs of the beneficiary,
either directly to the beneficiary or to a Custodian for such beneficiary until age twenty-five (25)
under the Pennsylvania Uniform Transfers to Minors Act, 20 Pa. C.S.A g 5301 et seq., or the
applicable Uniform Gifts to Minors Act or Uniform Transfers to Minors Act in the state of
residence of such beneficiary as the case may be. My Personal Representative may designate as
such Custodian any institution or person, including my Personal Representative, qualified to act
as a Custodian for such beneficiary under such Act in effect at the time such distribution is made.
A receipt for any payment or distribution so made shall be a full discharge therefor to my
Personal Representative, who shall not be responsible to see to, or be liable for, the application
of such proceeds thereafter.
2
ARTICLE V
POWERS OF PERSONAL REPRESENTATIVE
My Personal Representative (Executor) shall have the following powers in addition to
those vested in them by law and by other provisions of my Will applicable to all property,
whether principal or income, including property held for minors, exercisable without court
approval and effective until actual distribution of all property:
A. To make distribution in cash or in kind, or partly in cash and partly in kind, and in
such manner as they may determine.
B. To retain any or all of the assets of my estate, real or personal, without restriction
to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to
any principle of diversification or risk.
C. To invest in all forms of property without restriction to investments authorized for
Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification
or risk.
D. To sell at public or private sale, to exchange, or to lease for any period of time
any real or personal property and to give options for sales, exchanges or leases, for such prices
and upon such terms or conditions as they deem proper.
E. To allocate receipts and expenses to principal or income or partly to each as they
from time to time think proper.
F. To compromise any claim or controversy.
3
G. To make such elections, decisions, concessions and settlements in connection
with all income, estate, inheritance, gift, generation skipping or other tax refunds and the
payment of such taxes as my Personal Representative shall deem appropriate, without obligation
to adjust the distributive share of any person thereby affected.
ARTICLE IX
PERSONAL REPRESENTATIVE
I name, constitute and appoint my wife, BARBARA A. SHEARER, Executrix of this
my Last Will and Testament. Should my wife, BARBARA A. SHEARER, fail to qualify or
cease to so act, I name, constitute and appoint my daughter, RICHELE ANN DURBIN,
Alternate Executrix to complete the administration of my estate. I direct that no fiduciary
appointed herein shall be required to post bond for the faithful administration of the duties
required in any jurisdiction.
IN WITNESS ":~REOF, I have hereunto set my hand and seal to this, my Last Will
and Testament, this 7f!L day of #~ 2006.
~ tv' jL~-'-'. (SEAL)
RI HARD W. SHEARER "---
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, in his presence and in the presence of
each other, have hereunto subscribed our names as witnesses.
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AFFIDAVIT AND ACKNOWLEDGMENT
COMMONWEAL TH OF PENNSYL VANIA
SS.
COUNTY OF CUMBERLAND
We, RICHARD W. SHEARER,
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and
, 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 authority that the Testator signed and executed the instrument as his
Last Will and that he had signed willingly and that he executed it as his free and voluntary act for
the purposes 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/her knowledge the Testator was at
that time eighteen years of age or older, of sound mind and under no constraint or undue influence.
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RICHARD W. SHE ER
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Witness
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Witness ~aJwt. J'~
Testator, and subscribed and sworn to before me by
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Subscribed, sworn to and acknowledged before me by RICHARD W. SHEARER,
12.& nt c.ttt&. ,. ~
, witnesses, this C;' If
day of
and
,2006.
~~~~
5
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
GAIL J. MAHONEY, Notary Public
Lemoyne Boro., Cumberland County
My Commission Expires Feb. 19. 2010
:286584