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No 21-19
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PETITION FOR PROBATE OF
in the Estate of ,Lee R.
WILL AND
l<enn'j
LETTERS TESTAMENTARY
, , deceased,
To Richard E, Anderson, ReCJh.ter of Will" for the County of Cumberland,
in the Commonwealth of Pennsylvania,
IS
Petitioner~ Qff+ the execut n 'f... named in the Last Will and
Testament of Lee R. \~e nn. '/ ,... .. dated J4. r'!AAY'Y I (,JCf 15'
Decedent was a citizen of the United Statc!s and 0 resident of
HlV, n~n if"
Borough, Cumberland County, Commonwealth
0\,.. lisle
of Pennsylvania. +t.
Decedent died on ,J~-~>h1.~~',r- ,__..,,_ the -'If - ,day of.Jat1",-a_cy ..- ,
A. D. 19::1~_, in the County of ,_.. C~~'Q.edo. V\d State of
, -J~nJ'\s'1'-LII~n.l~---... at the oge of _tift", years,
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Decedent has not been married and has not hod children born to him
since the execution of the above described Will,
Decedent was possessed of personal property to the value of
_________'____'___________ ,___-._ and of real estate to the value of
___._._"'_______._.....,.______ '''..,__._ os near as can be ascertained; said real
estate situated os follows __JQg.,~S-r.____H_l3 h__S.~,cc...~:t:)_,
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Therefore, your petitionerWrespcctfully applies for the probate
of the said Lost Will and Testament and for Letters Testamentary thereon.
Dated oaY\~~~_r~LC:t._._# .D' h
Name and address "Q-. ,~ de:.. -r-----
of Petitioner(s) (3. R. \<e VI 1f'I'( V
___.109.--Eas:t-_g~J~Y t:c..__
__~ 'C:l~~+_f'~_____,__
COMMONWEALTH OF PENNSYLVANIA tss
COUNTY OF CUMBERLAND \
~~~e..~_ '(\1
named in above application, being duly __..S'JodO'('~___,____. according to low
soy(s) that the statements set forth in this petition are true to the
best of ._-.be'r__ knowledge and belief, ~
r\oJOl'l1 and subscribed before ,6- . ~,"..e.. If" A
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me, _____ 1,..~1 J II.:' ._~_.,__.....':~,'.~..__.___L_\-. .f _L __,"
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Richard E, Anderson, Register
__.. ..... ._~___.__..__~.___.._'.n'___'____._.___.__
. ..m'o ._..._.... ..__....___._.___._____._
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Filed;; ,
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Attorney:
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then the property described above shall be divided among the
then living descendants of my ,children of my marriage to
BONNIE R. KENNY, per stirpes, DistribLit1,on of specific
items of the above described property shall be in such
manner as my executrix or executor shall detormine.
If any person entitled to any property di.sposed of
by this Item sha 11 be a minor at the time of my death, 1
authorize my executors, in their absolute discretion, to
retain such pl'operty for such minor during minority, or to
deliver. all or any part of such property in kind to such
minor or to the guardian of the property of such minor
appointed in any jurisdiction or to the person with whom
such minor may reside, or to sell all or any part thereof
and to deliver the net proceeds of any such sale to such
minor, guardi.an or person with whom such minor (qay reside,
in any case without requiring bond, and to store any part
retained and to pay all storages, insurance and other
carrying charges thereof out of any funds held for the
benefit of such minor under this my Will (or if no funds
shall be so held, then as administration expenses of my
estate).
IT~~-11~ (A) I give, devise and bequeath all
the rest and residue of my property of whatever nature and
'wherever situated or over which I may have any power of
appointment, to the trustee or trustees who at the time of
my death are serving under a ce.rtain instrument of Revocable
Trust heretofore executed by me on the f) '" day of _l\j"J,'fllf)(ff
1974, and entitled "LEE R. KENNY - REVOCABLE TRUST", to be
added to the property then held in trust by such trustee or
trustees, and to be held and administered in accor,df\nce with
the terms of the trust as stRted 1,n said instrument of
2
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Revocable Trust as now provided or hereafter amended.
(B) By the terms of said LEE R. KENNY
REVOCABLE TRUST, I hqve made provision, in the avent my said
wife survives me, for the establishment of two (2) separate
distinct trusts to be effective on my death, viz: the
Marital Trust, for tho bonefit of my said wife, BONNIE R.
KENNY, and her testamentary appointees; und the Family
Trust, primarily for the benefit of my said wife Bnd children
and issue from time to time living.
(C) Accordingly, if my said wife is
livins at the time of my death, I direct my executors to
apportion said rest and residue of my estate into two (2)
shares and to pay over and distribute the first share to
said trustees of said LEE R, KENNY REVOCABLE TRUST to be
held and administered by them as B part of the Marital Trust
as therein provided, and the other share as part of the
Family Trust.
ITEM IV:
I appoint my wife, BONNIE R. KENNY, to
be executrix of this my Last Will and Testament, and in the
event that she should predecease me, fail to qualify or
cease to act, I appoint .JAMES H, CAWLEY, ESQUIRE, in her
place and stead to be the executor of this my Last Will and
Testament. In the event both my wife, DONNIE R. KENNY, .nd
my attorney, .JAMES II. CAWLEY, ESQUIRE, should predecease me,
fail to qualify or ceRso to act, I appoint The Cumberland
County National Bank and Trust Company to be the executor of
this my Last Will and Testament.
ITEI1 V:
(A)
Subject to the provisions herein-
after set forth in this Item V, chiefly relating to allocation
of the burden of taxes levied upon my estate and/or upon the
3
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beneficiaries thoreof, I give to my executrix or executor
the following powers.
I give my executrix or executor power to lease, to
mortgage, to sell as public auction or private sale and to
transfer and convey without leave or license of any court,
and all real estate and personal property in their hands, no
purchaser to be held to see to the application of the
purchase money,
Subject to the provisions of Section B of this
Item V, I further authorize my executrix or executor in
their discretion to settle and/or pay any and all claims,
including taxes, which may be pending or brought against me
or my estate,
Hy executr.ix or executor. may without liability
retain any portion of my property in the same state of
investment in which the same is taken over by them.
My executrix or executor shall have full power to
allocate securities or other property in lieu of cash in
making any distributions hereunder; and the decision of my
executrix or executor as to the value of securities or other
property for the purpose of such allocation and their decision
as to the distribution of receipts and disbursements as
between principal and income shall be conclusive if made
reasonably and in good faith, provided, however, that in
making allocations of property, I direct my executrix or
executor with respect to said first such share hereinabove
in Item III described to make only such distributions,
allocations and appointments as shall entitle my estate to
the benefit of the marital deduction then allowed under the
applicable provisions of the Federal and State tax laws.
(B) I direct that the burden of all
estate, inheritance, legacy, death taxes or duties of every
4
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111lture presently dUll ilnd imposed by reason of my death with
respect to any property whetherdisposcd of by this Will or
not, shall beborno by the second share of my residuary
probate estate, called the Family Trust in Item III hereof,
if my said wife survives me, or by all of said residuary
estate if my said wife does not survive me, or shall be
divorced or estranged from me at the time of my death.
(C) In order to facilitate admin-
istration of my estate plan, I give to my executrix or
executors full power, but only with respect to the property
constituting part or all of said second share of my probate
estate if my said wife survives me, to make sale thereof to
the trustee or the trustees from time to time serving under
said LEE R. KENNY REVOCABLE TRUST; to make and receive loans
and advances to or from said Trust, said sales and said
loans and advances to be made on such terms as my said
executrix or executor and said trustees shall think proper;
and 1 direct that all judgments, decisions and actions so
taken, if taken reasonably and in good faith, shall be final
and binding upon all persons.
(D) No executrix or executor hereunder
shall ever be liable for involuntory losses or for ony loss
or damage except such as is caused by his own individual bad
faith; my executors may, from time to time, consult and
employ counsel with respect to the meaning, construction and
operation of this Will, particulnrly with respect to the
apportionments, allocations, distributions and disbursements
hereinabove in Item III and Item V described; my executors
may act on the advice of counsel without incurring liability
on account of any such actions.
5
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(E) The provision DE this Item V shall
not be construed a~ affecting the authority of my executors,
in their discret ion, either to pay, set.tle or compromise any
taxell not presently due, or to d(~lay payment, Bettlement or
compromise whereof until such time as they and/or the trustees
of said LEE R. KENNY REVOCABLE TRUST may determine.
(F) All powers, duties and discretions
given in this Will to the executors herein named may be
exercised by any administrator or administrators with the
Will annexed.
ITEM VI: I nominate, constitute and appoint my
wife, BONNIE R. KENNY, to be the guardian during minority of
the person and property of each minor child of mine born of
my marriage to BONNIE It. KENNY \vho shall survive me. If at
any time during the minority of any child of mine, my said
wife for any reason shall not be acting as guardian of the
person and property of such child, then I nominate, constitute
and appoint my brother, PHILLIP T. KENNY, of Omaha, Nebraska,
to be the guardian during minority of the person and property
of such minor child of mine who shall survive me. If at any
time during the minority of any of the aforementioned child
or children of mine, both of the above designated persons,
for any reason, shall not be acting as guardian of the
person or property of such child, then I nominate, constitute
and appoint the CUl1BERLAND COUNTY NATIONAL BANK AND TRUST
COMPANY to be the guardian during minority of such minor
child of mine,
ITEM VII: No fiduciary named in, or appointed in
connection with this Will shall be required to file any bond
or other security for the faithful performance of his or her
duties as such fiduciary in any jurisdiction; and if, despite
this direction, a bond should be required, I request that it
6
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OATH OF SUBSCRIBING WITNESS
C(~MONWEALTII OF' I'I':NNSYLVANIA I HS:
COliN Ol" CIIMBEHLANIl (
This, """ """"",'''' ..",,,,,,,,,,,,,,,,, ".~(p,,,+:?,,,,,,,,. day of.".,,,... ,T.q.,.~.~.r.y,,,,,,,,,,,,,,,,,.,,..,,,. A,Il., 1 fJ]l1.,
bolill'o nw Hiehul'd E. uOl'son, H~)giHtol' 1'01' Ow Pl'obnto of WillH nnd gl'llnting 10tlol'H of Adminisll'lltion
in und fill' Hllid County of C\ horlllnd, in tho ConIlI1O!1woult.h of 1'0nnHylvnnill, pllnlolllllly CllnlO "''''''''''''
""........,."""..."""....,......"........,...." ",....,..,........,,,,,,,,.....,,,,,....,,,,,,.,..........,,..,,....,,,,,,,,,,,,,'''''"...."""""...,,,,...,,,,
th!' HullHcl'ibing witnoHsoH to the fbl'og . Jg inHtl'ument. of \\,riting Illlrpol'ling 10 Ill' Ihe IIlHf Will Hlld
TeHt.llment of """,,,.,,,,,,,,,,,,,,,,,,,,.,,.,,,,,,,,,,,,.,,.",,, ."".."...,."~'....""""""""".,,. DnuJd .".,,,,,,,'.,,..,,,,,,,.,,,,,,,,,,,,,,,,
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IRIeof"."""""",,,,..,,,,..,,,,,,,,,.,,,,..,,,,,,,,,,,,,.,,,,.,,,,,,,,,,,? :'"",,,..,,,,,,,,,,,,,,,,,,,. Cumb!,l'lnnd Count.y I'll., decollHed
who being duly """,,"""''''''''''''''''',,'''',,'',, ~ng to lu dnpoHo Ilnd suy, Ihllt """""",,,.,,.,,,,.,,,,,,,,,,,,,,,,
pI'CH'mt, und HUW lInd heard the lcHtR".)/.:.',,,.,,,,,,,,,,,,,,,,,,,,, """. ~."""""""'''''''''''.''''''''''''''.".''''.'''''''''''''.
sign, senl. publiHh, pronounce lIn~!)f~l'e t.ho Haid instrumont of wrii:lnt(Hs 1I.nd for h"""""""" Test,l\Immt.
Rnd Last Will, and at. the li~f AO doing """",,,,,,,,,,.,,,,.,,,,,,,,,,,,,,,,,,,,,,,,.wilA,of sound and disposing mind
ng, t.o the best of """"""".""."""."",,,,,.....,,.,,knowledge, ubsel'vation and belief.
.""".."",,.... """"""""""""" and Aubscl'ibed before
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Richard E. Anderson, Register
AFFIDAVIT OF DEATH
COMMONWEALTH OF PENNSYLVANIA I AS:
COUNTY OF CUMBERLAND \
.........'.'... .",...." ,~.4?.~.r\ .V~:,...:R.~.. .~~ .'f.l.'f).:'{.."......,.,.........,................,.... i....................,........... being duly
......",~.~~,H?r..n......,,,,,....,,",,. Hays that. liS nendy as CRn be IIscel'tained the said decedent) """4.~'?:.""",,
......,..., .........1$".. ..,r( ~.n:'f.l.'1"""""'"'' ....".,.... ...... ,..,.,.... .,. ........... .,.......,.,.'........ ".... .......... .". ....,.,......died on
...."",..""..""""".l,~,~"",,. ~',""...."....L!.:,i...." dllY of ,..,;;[t!.D~.~.r:.y........,,,.,,,,.,,.,,' A,D., 1 fJ.7iJ,
at 01' about """.".~L"~,Q".,,...,,",... o'clock, e,M,
".s.~!?r!l""+9..".".".."""..,,,,Hnd HllhHcrihl,d t.hiH
""......."".""..."",,.,,~~.~, dllY of' 'J~.~.~~ry."
19, 1~., bef'o!'!, \.
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Wehard I';, A Ildl'l'H" 11 , HI'~isl"r
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF I'I':NNSYLVANIA}
HS:
COUNTY OF C:UMBlmLAND
Bofore me, l.lw I{ngister {ill' t.he I'l'Ohute of Wills und grHntillg of Letters of Administ.rution in und fhr
the County of Cumbel'innd, pnrsonnlly came ."",,,~,~r.-,n.l~,,,.,.,R,\,,,,'<f!:,Y:lny.,,,,,,.,,,,,,,,,.,.,,,,,.,"."."
who, being duly .$"~,~r.:n""""",, do-.s.".., depose und SHY t.hIlIHs"""~~,~+r~"~",....""",,,,,,,,,,,
oftlw Inst Will and 'l'l\st.ument. of "..,,,,,.....4~,~,,,,,~~,,.,,k,I?,\"1.'0,~,,,,,,,,,,,,,,,,,..,,,,,,,,,,,,,,,,,,,,deeeused
""""""",....""" will woll and truly administer the goods and ehaU,els. rights and credit.s of Huid deceaHed
according to law, And nlso will diligently comply with the provisions of' the luw n,Jating to Transfer
Inheritances. ,~.W~~"~,, Hnd subscribed
before me.
..",~.'f.I~~~ '''. ~""6.~"",,, A.~" 1979"""
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Richard E. Andersen, Register
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DECREE
B ' b d h 'h 3lnt d T,lI"'o1'" "'C)
e It renlem ere. taton t e........,................. ay of t"",..;.."'"';",,.I,'.:.,,,,~..,;....."...".1 A. D., 19 1..-.."" thnr(~
b d d d d h . d T T"c", H r", ,u
was pro ate an recor e t. e last. Will an estament of "..:"""":,...."...i".:,:~"'''''''".""."'',,....,,...,,'''''''',,..
I t f (' '! "I in] 0 ChI d'(' t PI' D d Lc
a eo ..........;"...."..., ",'"""....................."".."............,,,.., urn or an _,oun y, ennsy vunln, . ocoa:,(~, .tf;<'rs
l[ln:1Ull!W!lL'nf'V .. - . :~u;lnli.' H... l\onn.y
..""""..,...."""""..,,,,,,,,,,,,,.,,oY,,,,,,.. were granted to ""...."........,,,.,,",,.....,,"",,...,,"""''''',..,,'''''''',,..,.'''',,...,,.,,'
Witness my hand and official soal the day and yOflr IIforosnid. A ~. fi..... f !i
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Hiehllrd I<:. And(!rHOll, Hegisl.'r,
COMMONWEAL TIt OF PENNSYL VANIA
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
INHERITAI~CE TAX DIVISION
INHEHITANCE TAX I1ETUI~N
fOR INSOLVENT ESTATES ONLY
OF RESIDENT DECEDENTS
*
11(l:-I01'-'-711
COUNTY OF Y~~~ERL.^~21_
Thl, rtlturn mu.l bl! cpmpteled in dotoll and lllod in duplicate, wllh lha Regl'Ieu of Will. in tho Counly where the decedont (elided wilhin ninn
nlonth. oftor date 01 dealh, unloll an cuclClnllon II granllld by !hn SOC:ffttary of Revenuo.
Will Estate No., 21~79-79 BonnIe R. Kenny , 109 Enst High St., Cnrll.sle, PA
AJnln I r"(l. __.._1 ~__ I, _____.~~_..___..___...___~..._~..____~___._.__ (II --~--_..--.-----,--.---~-----.----
(r.jAM!'l (/\l!\JRl:S$1 17013
Mi,c. r I
ht:inll duly SW(lrn ncclll'ding In law, dCplISl~S and !'iilYS 1111l1f11C is the ~:~_~!:.~.. _~._._..._._._._.__.__~~_,..._~_____.___.__..__u____
\EXI,C., AIJM" LfOATEt::, EiT(',l
I . r the Borough 0 f Carlisle. PA
lite (I .,~_'__'__'__'''._ __ ___,__ ...______._._ ..----.-
iCIlY, UOIWUOH, 01{ TOWNSHIPI
nf till' l:statc oL_~__._ ~~_~_..~.___~.~_n_~y
lIcccllscd, nnd Ihllt the whole of tlH~ estate of sllid dcccalcnt, who died Oil JnnunrY__~~__t~-.~.??9.___.~_~,_...~.___._,-,,__-_.. .~.
and on the at tached two pages 'DA ""
L:onsistcd of the assets listed bclow/llnll thot allowable dehts und deductions ext:uuded tlw fair mnrkllt value of the assets UIHJ
no Pellnsylvania Trunsfcr Inltcritlllll:C Tax is dul'.
h/,-U~J~~,L~~., ,.,.____~.._.._
(!\!ONATUngl
BonnIe R. Kenny
Executrlx
SWOI" and lub~crlbed hflfore me
12th October 79
IhB_-r_.- day 0'-,_, ___ 19__,"~,
. __J-..f;._~~-JV _~i: J I, i' II
(TIll ~I
Ty~ t'll A,,(lI'
Rlla! Elolal., foil",
PI0r-'lY, Jointly
H.ld ;'-np. "r
Tranlf",.
lfBic,n f...
jlii.Lou;;" '"".
',,' ., 1',,'
',tV,' :"ili'fY ASSE,.S
(Attach addlllanallh..fl If neeu.ary)
Oucdptlon of All.'
Elllmatecl
Market
Valv.
O.pallment
~o..!!._
CAUTION
(Do nal wrlf.
In Ihll I ce)
Personal Property 1. 36 Series E $25 U.S. Savings Bonds (attached)
$
872.72
"
2. Acct #404204-01-8 at Pentagon Federal Credit
Union, Arlington, VA
"
7. Cash in possession
5.24 .
2,250.00
2,900.00
3,525.00
1,500.00
21. 00 e ,
"
3. 1976 Mercury Capri
"
4. 1978 Ford Pinto 2-door COUP8
"
5. 1978 Dodge Aspen wagen
"
6. Household goods and personal effects
(Continued on attached page)
TOTALS
REPORT OF INIIERITi\NCE TAX APPRAISER
I, the undersigned duly llppointed Inheritance Tllx Appraiser ill 'i\nd fur the nhove Coullty do respectfully repul't that I have
appraised the. rcalllnd personal property as reported in the forcgying schcd.Ule at t.'-~ \'Rlucs~_sct forth opposite each item in
the last ",,!4flln 10 th~ ri8hl" '\ \- -1 ,11 1/( '/ (Lc-,,1j {) uJ__~.___
Dated:_.._ ". _.'.~ ' (INHERITANCE TAX APPRAISER)
Nan'. af Payu
OEBT~NO ~UillONS.
Nalure of Claim
Amounl Amount Approvftd
Claimed by R.giller
$ 668.00
3,664..63
50.00
50.00
50.00
317,98
U ~:;(," I"',
1. Hoffman Funeral Home,
Inc., Carlisle, PA
Funeral expense
2. Gentlemen Funeral Home,
Omaha, Nebraska
"
3. MemorIal Masses
"
4. Food & Refreahments
after funertll
"
5. Clergyman
"
6. Braniff International
& AvIs Rent A Car
Expenses of survIvIng spouae brInging
body to burial
(Continued on attached pagc~TALS
RI',PlIlll OF Till' llE<iISTFIl OF WIl.l.S
I, the 1I11dl'jsignl'd dilly l'll'l'led Itq!ls\cr d Wilh. 111 IInd fur Ilh' ahm'c ('nllllly, do H~"pct'lfully report tlliltl Iw\'c ull11wcd
dl',!lIl'llulI'; in tlw 1111lClUnh set forth III the aho\'c Sl'lll'llult, ll" l:IUIIlH'd, l'HI'\H where I ha\'c :oil~l fnrlh II i:Ul~"tcr ur lcssl'r amount
III lhl' 111"1 colulIln In the rqdll, which lHl~illn or ks...l'r i1fllOtlllt H'IHl"H'llt... the ~11f11 1,\lrJ\\CIJ~I; a deduction,
UlIII' Ill' ..\PP1'lI\'al: ')/ CJl.._...+-~__._L:L~~.,- ..-- ._-~-~-- ___.-:..L~ i.t ,/ J ~.~,}1 )(1' <If, \
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LETIERS TESTAMENTARY
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss:
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II\' TilE TENOH 01' TlmR~: ,PHI~[ilI~N1'R
I. ",' "".,,,,,,,, ,!,~,i,\~,I!!!,:,q, ,t;.:..~~).q~~~!!,~..." .."..""..""" Esq.,
He~l.tcr for the Probate 01 Wills and Orantlng Letters
01 Administration in and for the COll~ty of Cumberland,
In the Commonwealth of Pennsylvania, do make known
unto all men that on the """""....""."..":,'.1:Tf.."""""",, da,
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of "",,,,,,,,,,,,,,,,,,,,,~,,.,,',,....,,;,,.,..,,,,,,,,,,,,,,,,,.. 191"1",,, at Carll, Ie,
before me wa. proved, appeared and Insinuated, THE
LAST WILL AND TESTAMENT OF
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1:,'::0 H. r:E'I!1Y 1,,\'P1\ OF
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. ..?~~orr:,![. .~~', 0 .~.'l.L,Iy.,lFI. . 0.~I1B2:!,1~;^)1P. .qol/tl~r:c... . .1:r::I.r\I~.V,'I\~ ~ :.rH.. .. DECEASED,
(a true copy whereof is to these presents annexed), having whilst . .Ifl:~. . . liveu at the time
of .H.I~ death divers goods and chattels, rights and credits wit.hin the Commonwealth, by
reason whereof the approbation and insinuation of the said Last Will and Testament, and
the committing the Administration of all and singular. the goods and chattels, rights
and credits, which were of the said deceased, also the Auditing the AccoL'nts, and Calcu-
lation llnd Reckoning of the said Administration to me are manifestly known to belong.
And that Administration of all and singular, the goods and chattels, rights and credits of
the said deceased, and way concerning. ]1,1.8. . Last Will and Testmnent, was committed to
'~O'I'IIt;' '" K""'l1Y . I 'd '" t t d
. . , , ,-. " , . '. .,'. , ,., " :'; . . , . . . . . . . . . . . . . . , . . . . . . . , . , , . , . , III t 1e sal I es amen name
EX;':C1JTRIX h . fi t b d I l'fi d
. . . . , , . , . . . . . . . . . . , . . . . , . . . , . . . ' , . . . . . . . . . . . , . , . . .. aVll1g 1'8 een u y qua 1 e
well llnd truly to administer the goods and chattels, right an(\ cl'edits of thc decellsed,
and make a true and perfect Inventol'Y thel'Old, and exhibit the same into the Register's
office, in the borough of Carlisle, within thilty dllYs f!'Om this date, and also file a just and
true account. calculation llnd reckoning of , , . .P,~;~. , , , . , , . administration when lawfull~'
required, and diligently and faithfully to rl'gun!, und well and truly comply with the ]11'0.
visions of the law I'elating to Collateral Hnd Dircet lnhcl'itanecs. Decedent died on the
, , . . ~4'r~I , , , day of . , . , . . .,T,\:~ '.1 ^ Iff. . . . . ., Hl7:i. , " llcc()rding to affidavit ]1ropel'1y filed.
In Testimony Whereof, I have herlH1llto set tn\' 1\1\l1d am! caused the seal of said otllce to
be hereunto affixed, duted at Ca1'lisle aforesllid, the ,.""...,.., .3.1.~T . . , . . . , . . . . , . . .
day of , . . . . . , , . , , . :~'V:'I';~Try'y{, ;, 'I~l'~ . . . . , . . . , . ,. in tl~A Ye~~(f O,Llt. LOI'~ O~~ "hollsand
N' H d 1 r 1 -:I.. .. ....',.. ... V\"" , ct"V t .
me un ref anl ."....,............" qq,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,," ,~""~",,C=,,:.':::'~',:: .
Richard E, And(.rson. HI'l':ister
pel' ,....."",..,........... DepUl)' Register
-
LAST WlI.L AND 'rESTNffiN'l'
OF
I.~;E R. KENNY
I, LEE R, KENNY, of Cwnberland County, Commonwcaltn
of Pennsylvania, being of sound mind and memory, do hereby
revoke all Wills and Codicils, as well as all other instruments
of a testamentary nature, heretofore made by me, and do
hereby make, publish and declare this to be my Last Will Bnd
Testament, in manner and fom following:
ITEM I~ I direct my executrix or executor, herein-
after named, as soon after my death as shall be convenient,
to pay my funeral expenses, It is my wish that my funeral
and intement be arranged as my next of kin shall direct.
Any expense which may be incurred in connection with the
purchase or maintenance of a cemetery plot or the erection
of a suitable monument thereon shall be paid out of my
general estate as a part of my funerai expenses.
ITEM II: Any and all automobiles and their
accessories and equipment, all tangible personal effects and
belongings, all jewelry, clothing and other articles of
personal use or adornment and all household furniture, and
other articles of household use or ornament owned by me ,lt
the time of my death, I give and bequeath to my wife, BONNIE
R. KENNY, if she shall survive, me and shall not be divorced
nor estranged from me at the time of my de~th,
If my said wife, BONNIE R, KENNY, shall not
survive me or shall be divorced or estranged from me at the
time of my death, th~n I ~ive and bequeath the property
above described in this Item of my Will to the children born
of my marriage to BONNIE R, KENNY, who shall survive me, i~
equal shares, per capita, In the event none of the childr..?n
horn of my marriage to BONNIE R. KENNY shull survive me,
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then the property described above shall be divided amonR th~
then living descendants of my children of my miHriaRc to
BONNIE R. KENNY, per stirpes. Distribution of specific
items of the above described property ahnll be in such
manner as my executrix or executor shall determine.
If any person entitled to any property disposed of
by chis Item shall be a minor at the time of my death, I
authorize my executors, in their absolute discretion, to
retain such property for such minor during minority, or to
deliver all or any part of such property in kind to such
minor or to the guurdian of the property 'of such minor
appointed in any jurisdiction or to the person with whom
such minor may reside. or to sell all or any part thereof
and to deliver the net proceeds ot any such sale to such
minor, guardian or person with ~o/hom such minor may reside.
in any case without requiring bond, and to store any part
retained and to pay all storages. insur-ance and other
carrying charges thereof out of any funds held for the
benefit of such minor under this my Will (or if no funds
shall be so held, then as administration expenses of my
estate).
ITEM II~ (A) I give, devise and bequeath all
the rest and residue of my property of whatever nature,und
wherever situated or over which I may h~ve any power of
appointment, to the trustee or trustees who at the time of
my death are serving under a certain instrument of Revocable
Trust heretofore executed by me on the ~ day of 3",,[/11/311[
1971+, and entitled "LEE R. KENllY - REVOCABLE TRUST". to be
added to the property then held in trust by such trustee or
trustees, and to be held and administered in accordance with
the terms of the trust as stated in said instrument of
2
L~4
. "
Revocable Trust 8S now providod or hereaftbr amended.
(B) By the terms of said LEE R, KENNY
REVOCABLJ~ TRUST, I have made provis lon, in thl1 llvent my Sll i d
wife survives me, for the establishment of two (2) Hopnrllte
distinct trusts to be effective on my death, viz: the
Marital Trust, for the benefit of my saId wife, BON~IE R,
KENi.JY, and her testarnuntary appointees; and the Family
Trust, primarily for the benefit of my said wife and children
IlI1(j issue from time to time living.
(C) Accordingly, if my said wife is
living at the time of my death, I direct my executors to
apportion said rest and residue of my estate into two (2)
shares and to PAl over and distribute the first share to
said trustees of said LEE R. KENNY REVOCABLE TRUST to be
hdJ and administered by them as a part of the Harital Tnlst
~~ therein provided, and the other share as part of the
Filmi ly Trus t ,
):TEM_...lli I appoint my wife, BONNIE R. KENNY, to
be executrix of this my Last Will and Testament, and in the
event that: she should predecease me, 'fail to qualify or
cease to act, I appoint JAMES H. CAWLEY, ESQUIRE, in her
pLace and stead to be thp executor of this my Last Wi 11 and
Testament, In the event both my wIfe, DONNIE R. KENNY, and
my a.ttorney, JAMES H, CAWLEY, ESQUIRE, should predecease me,
fail to qualify or cease to act, I appoint The Cumberland
COllllty Natiolled Bank and Trust Company to be the executor of
thLs my Last Will and Testament.
ITEt1 V:
(A)
Subject to the provisions herein-
after ~et forth in this Item V, chiefly relating to allocation
of the burden of taxes levied upon my estate and/or upon the
3
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benl.' fie lades thereof',
the followIng powers.
I gLv~ my exveutrix or executor power to lease, to
r gtve to my executrix or ~xecutor
morlgngv, to sell as publle auction or private sale and to
transfer and convey withoul: leavl~ or license of any eourt,
and all real ('stale nne! personal property in their hands, no
purchasl'r to bl~ held to sef' to the application of the
purchase mon<~y.
Subject to the provisions of Section U of this
I tern V, I further au thud zo my executr ix or executor in
their discretion to seltle and/or pay Any and all claims,
including tuxes, which may be pending or brought against me
or my estate,
My executrix or executor may without liability
retain any portion of my pr0perty in the same state of
investment in which the same is taken over by them.
My executrix or executor shall have full power to
allocate securities or other property in lieu of cash in
making any distributions hereunder; and the decision of my
executrix or executor as to the value of securities or other
property for the purpose of such allocation and their decision
as to the distribution of receipts and disbursements as
hetween principal and incom" shall be conclusive if made
reasonably and in good faith, provided. however, that in
making allocations of property, I direct my executrix or
eXl'cutor with respect t" said first: such sh.,re hereinabove
ill Item III described to make only such distributions,
11110(,l1tions and appointments as shall l'ntitle my estate to
the benefit of the marital deduction then allowed under the
N~pljcable provisio~s of the Federal and State tax laws,
(R) T Jjrect that the burden of all
estRt:p, inheritance, legacy, death taxes or duties of every
/,
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11:1 LUI"<' prl'senL:ly dul.! Ilnd impolled by reason of my death with
respect. to uny properly whether disposed oC by thill Will or
nut, sl1l.l11. Iw horne by t:1w /lccond shure of my residuary
prubnte eBtate, calleJ thl' F~mily Trust in item III herl'of,
if my /laid wtfe Rurvivl's me, or by all of said residuary
l'stal:L' if my said wife' doC's not survive me, or shall be
div~rced or estranged from mc at the time of my death.
(Cl In order to facilitate admin.
istration of my cstute plun, I give to my executrix or
cxecutoro full powl'r. but only with respect to the properly
constituting part or all of s;dd second share of my pr(\bate
estute if my said wife survivell me, to make sail' thereof to
the trustee or the trustees from time to time serving under
said LEE R. KE:my REVOCABLE TRllST; to make and re<:eive loans
and advances to or from said Trust, said sales and said
luuns and ;ldvances to be m:"le on such terms ilS my said
l'x('cutrix ilr ('xecut'or and s::lid trustees shall think proper;
and I direct thut all judgm~nts, decisions ilnd actions so
taken, if taken reasunably and in good faith, shall be final
and bi nding upon a 11 persons.
(D) No executrix or executor herl'under
shall ever be liabl~ for ;nvoluntnry losses or for any lOSA
or damage exc~pt such RS is caused by his own individual bad
faith; my executors may, [rom time to Lime, consult and
employ counsel with respect to the Tnl'Hnlng, construction /lnd
operation of this Will, particularly with respect to the
apportionnicnl.s, allocat ions, di_strihul. ions and disbursements
hereinabove in Item ill and Item V described; my executors
m,IV ncl. on I:ho advice of coullsLd Nt thout incurring liability
on account of any such actions.
5
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(E) The provIs ion of this I tt'm V aha 11
not hl' construed as aJ'fC'ct ing the authority of my ('xecurors,
in their discretion, either to pay, settle or compromise any
lio:es not presently due, or to deIny payment, sottlemt'nt or
compromise whereof until such time as they and/or the trustees
uf said LEE R, KENNY REVOCABLE TRUST may determine.
(F) All powers, duties and discretions
given in this Will to the executors herein named may be
oKvrcised by any administrator or administrators wIth the
Will annexed,
ITEt:L..YL, I nomina te, cons t itute and appoint my
wift', BONNIE R, KENNY, to Ll th0 ~uardian during minority of
the person and properly of each minor child of mine born of
my marriage to BONNIE R. KENNY I~h" shall survive me. If at
any time during tho minority of any child of mine, my said
wife for any reason shall not be acting as guardian of the
person and pl'vpeny of suell child. then. I nominate, constitute
and appoint '"Y brnther, PHiLLIP T. KENNY, of Omaha, Nebraska,
to be the guardian during minority of the person and property
of such minor child of mine who shall survive me. If at any
time during the minority of any of the aforementioned child
or children of mine, both of the above designated persons,
for any reason, shall not be acting as guardian of the
person or property of such child, then I nominate, constitute
and appoint the CUMBERLAND c;Ol;r~TY NATIONAL BANK AND TRUST
COMPANY to be the guardIan during minority of such minor
chi ld of mine.
ITEM VII:
~o fiduciary named in, or appointed in
Cllnnection with this Will shdl be required to file any bond
or other security for the faithful pc'rformance of his or her
duties as su.'h fiduci.llry in any Jurisdiction; and if, despite
this direct I,on, IJ bond should be required, I request that it
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LEE R, KENNY
REVOCABLE TRUST AGREEMENT
(071. Ii/
THIS AGREEMENT, made this ,) day of ,.'1 }>!flln(/~ ,
1974, between LEE R. KENNY of Cumberland County, Commonwealth
of Pennsylvania (hereinafter called the "Settlor"), and THE
CUMBERLAND COUNTY NATIONAL BANK AND TRUST COMPANY, with its
principal office in the Borough of New Cumberland, Cumberland
County, Commonwealth of Pennsylvania, and JAMES H. CAWLEY,
ESQUIRE, of Harrisburg, Dauphin County, Commonwealth of
Pennsylvania, and BONNIE R. KENNY, of Cumberland County,
Commonwealth of Pe.nnsylvania (hereinafter collectively
.
called the "Trustees").
WITNESSETH:
WHEREAS, the Settlor now and hereby desires to
create trusts of certain policies of life insurance issued
upon his own life, and of the proceeds and avails thereof,
which policies are described in Schedule "A" attached hereto
and made a part hereof; and
WHEREAS, the sai.d polici.es have been or will be
made payable to the Trustees hereunder as revocable bene-
ficiaries and as trustees hereunder, and have been or will
be deposited with the Trustees; and
WHEREAS, in the future additional policies of life
insurance, securities, assets or other property may be
placed in this trust as provided for hereinafter;
NOW, THEREFORE, the Settlor and the Trustees
hereby mutually covenant and agree each with the other as
follows:
ARTICLE I
1. The parties hereto intend to create a present
and valid Trust and the Trustees as revocable beneficiaries
under the said policies of life insurance shall have a
present interest therein.
I have compared this copy with the
original and find it to be a true
and correct copy thereof.
Bonnie R. Kenny
.'
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.'
"
"
2. Any and all responsibility for the payment of
premiums payable upon each and all of the policies issued
upon the life of the Settlor that are at any time payable to
the Trustees under this Trust shall be the responsibility of
the Settlor and not of the Trustees. The Trustees shall
have no duty or obligation to pay any said premium, payable
on any said policy, or to see to it that any such premium is
paid. The Trustees shall have no duty to notify the Settlor
that any premium is due and payable or overdue, or to take
any action whatsoever with respect to any said premium or
the payment thereof.
3. All rights, benefits, options and privileges
of every nature which are contained in or granted by any
policy issued upon the life of the Settlor, or which may be
granted by the practice of the issuing insurance company,
and which may be exercised by or which may accrue to the
Settlor during his lifetime, are hereby expressly reserved
to the Settlor for his own use and benefit, separate and
apart from his Trust, and may be exercised by the Settlor at
any time and from time to time upon his sole signature and
for his own benefit. Without limiting the foregoing classi-
fication "all rights, benefits, options and privileges of
every nature", the Settlor during his lifetime shall have
the following rights with respect to any policy or policies
issued on the life of the Settlor that are at any time
subject to this Trust; namely, the right to sell, surrender,
assi,gn, both absolutely and as collateral, receive payment
of dividends, withdraw dividend accumulations, change the
dividend option, select and change the non-forfeiture option,
borrow upon, include or add a provision for automatic
premium loan, change the beneficiary and remove any said
policy and policies from this Trust, and generally to have
, '
2
.
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every other right exercisable under any policy issued on the
life of the Settlor during the lifetime of the Settlor.
Upon written request of the Settlor, the Trustees shall
execute and deliver such instruments and consents as may be
reasonably required by the issuing insurance company to
enable the Settlor to exercise or avail himself of any
right, privilege, option or benefit granted by any of the
said life insurance policies.
4. Notwithstanding any of the other provisions of
this agreement, the Settlor agrees that he will not exercise
any option as a result of 'which the proceeds of any policy
.
of life insurance subject hereto would be payable to the
Trustees other than in a lump sum.
5. Upon the death of the Settlor, or at such time
or times thereafter as may be provided for in any policy or
policies subject hereto, the Trustees shall present claim
for and shall receive and hold under the terms and con-
ditions hereof, the net proceeds and avails payable under
said policies. The receipt by the Trustees to any issuing
insurance company for said proceeds and avails (including
the receipt of payment under and the endorsement by the
Trustees of the check of the insurance company in payment of
said proceeds and avails) shall constitute a full release to
the said insurance company from any and all further liability
under the policy or policies issued by it. No such insurance
company shall be under any duty or obligation to see to the
application of any proceeds or avails of any said policy of
life insurance received by the Trustees.
6. The Settlor hereby represents and states that
if he shall assign any policy that is payable to the Trustees
to any person or persons as collateral for any indebtedness,
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whether such collateral assignment shall be made prior to or
on or after the date when said policy is made payable to the
Trustees as Trustees hereunder, if said assignment shall be
.in force upon the Settlor's death, it is and shall be the
Settlor's intention that the claims of any such assignee
under any said collateral assignment shall be superior and
prior to the rights and claims of the Trustees as bene-
ficiaries under sai.d policy, and that neither the Trustees
nor any beneficiary under any trust cr.eated hereby shall.
have any right of reimbursement or payment from the estate
of the Settlor with respect to any payments made under any
said policies to any said assignee or assignees.
7. Upon receipt by the Trustees of the said net
proceeds and avai.ls of the life insurance policies issued
.
upon the life of the Settlor subject to the terms of this
agreement and that are payable to the Trustees upon the
death of the Settlor, the Trustees shall divide said pro-
ceeds and avails, and also any additions to this Trust by
the Settlor or by anyone else as provided for herei.nafter
(all o'f which is hereinafter sometimes referred to as "Trust
Estate") into the number of shares and trusts provided for
hereinafter.
ARTICLE II
11ARITAL TRUST
8. If the Settlor's present wife, BONNIE R~
KENNY, shall survive him and shall not be divorced nor
estranged from Settlor at the time of hi.s death, the Trustees
shall hold in trust as the principal of a Trust to be knoW11
as the Marital Trus t, and upon the terms and condi tions
thereof as set forth hereinafter, a share or portion of the
total Trust Estate which shall have a value for the United
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States Federal Estate Tax purposes equal to one. half (1/2)
of the value of the Settlor's adjusted gross estate as
finally determined for Federal Estate Tax purposes, less the
value for said Federal Estate Tax purposes of all of the
interests in property and proceeds of other insurance
policies issued on the life of the Settlor, if any, which
may pass to the said wife of the Settlor otherwise than
under said Marital Trust of this agreement, BUT ONLY, to the
extent that such interests in property and other insurance
proceeds are included in the Settlor's gross estate for
Federal Estate Tax purposes, and only to the extent that
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such other interests in property and ocher insurance pro-
ceeds qualify for the Marital Deductions as allowed in the
Federpl Estate Tax proceedings. This principal amount to be
included in said Marital Trust shall be undiminished by any
estate, tran&fer, inheritance, legacy, succession or other
tax levied or imposed upon the estate of the Settlor and
attributable to property passing under this Trust or other-
wise. .
9. For the purpose of the establishment of said
Marital Trust only, if the death of the Settlor and the
Settlor's wife shall occur under such circumstances that
there is no sufficient evidence that they have died other-
wise than simultaneously, the Settlor's said wife shall be
presumed to have survived the Settlor, and any presumption
of law, whether under any statute or otherwise, to the
contrary shall not be applicable.
10. The said principal and property of the Marital
Trust shall be held by the Trustees, IN TRUST, NEVERTHELESS,
for the following uses and purposes thereof, namely:
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11. To pay the income from this Marital Trust not
less often than quarter-annually to the Settlor's said wife,
BONNIE R. KENNY, for and during the term of her life and as
lonl as she shall live.
12. To pay upon the request of the Settlor's said
wife out of the principal of this Marital Trust in each year
an amount equal to all real estate taxes and personal
property taxes paid by her in each such year and all bills
for her treatment and care by doctors, nurses and hospitals
paid by her in any such year or years. The Trustees shall
make payment under this clause upon such evidence as they
may deem sufficient. .
13. To pay to the Settlor's said wife upon her
written request therefore delivered to the Trustees in any
year: payments from prindpal of this Harital Trust. Said
requests may be made at any time or times during any year.
Said right to invade the Trust principal herein granted to
the Settlor's said wife shall be without limit under the
provisions of this paragraph.
14. To pay to the Settlor's said wife out of this
Marital Trust such further amounts as the Trustees shall in
their sole discretion, as exercised by a majority vote
thereof, deem advisable.
15. Upon the death of the Settlor's said wife to
payor otherwise di.spose of the corpus and property of this
Marital Trust to such person or persons (including her
estate) or to such estates and interests either outright or
in trust and in such manner and proportions as she by her
Last Will may appoint by specific reference to this power
herein granted, and in default of the valid exercise by the
Settlor's said wife of the power of appointment herein
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grantQd to her, to add the remaining corpus from this
Marital Trust established under the provisions of Article II
hereof, and to hold and administer the same in accordance
with the provisions of said Existing Article III Family
Trust.
lb. In the administration of the llarital Trust,
any of the provisions of this Trust Agreement to the con-
trary notwithstanding, the Trustees shall not retain or
purchase for Marital Trust any assets, items or property
which do not qualify for the marital deduction, nor shall
the Trustees have or possess anY,rights or powers over the
Marital Trust property or with respect to Marital Trust the
.
existence of which would or might disqualify Marital Trust
for the marital deduction allowed by the particular Internal
Revenue Code which at any time governs or allows the marital
deduction.
17. If the Settlor's wife shall predecease the
Settlor, the Marital Trust shall not be established, and all
of the Trust Estate shall be held under the Family Trust set
forth in, and in accordance with, the provisions of Article
II! hereof..
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ARTICLE III
FAllILY TRUST
18. The Trustees shall hold the balance of the
Trust Estate (not allocated to Marital Trust), or all of the
Trust Estate if Settlor's wife, BONNIE R. KENNY, shall
predecease the Settlor or shall be divorced or estranged
from Settlor at the time of his death, in accordanca with
the terms and provisions and upon the Family Trust set forth
and provided for in this Article III.
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,19 ,From the said ba1anctl of thtl Trust Estate to
be hE)ld under this Article III, the Trustees may pay all or
any part of the Federal and State, estate, inheritance,
legaqy or succession taxes duly levied and assessed, prior
to the discharge of the Settlor's executor or administrator
by the probate or surrogate.s I or similar court in which his
estate is administered, regardless of whether or not such
death taxes are computed with reference to insurance proceeds
and any property held under this Trust Agreement, or property
which passes under the Settlor's Will and any Codicils
thereto, or with reference to ariy property transferred by
the Settlor before his 5eath, or held by the Settlor jointly
during his lifetime; provided that in no event shall the
Trustee be obligated t.o pay any of such taxes; and provided
further, that the Trustees may 1.n their sole discretion
elect to pay a part of said taxes but less than all there-
fore. 'If any such death taxes are computed by reference to
any future interests in property created under this Trust
Agreement, and if the payment of such taxes is postponed but
later paid by the Trustees, said taxes when paid shall be
charged against the prineipal of the fund or trust with
respect to which they shall have been imposed.
20. In the event that the Trustees shall elect to
establish the Article III Family Trust provided for hereinafter
prior to the payment of any death taxes paid by the Trustees
as authorized in Section 19 hereof, then all taxes paid with
respect to any and all transfers by the Settlor (~ncluding
but not limited to all transfers with respect to which a
Federal Estate Tax shall be duly and lawfully imposed) shall
be charged against the Article III Trust. In no event shall.
any such taxes be charged against Marital Trust or any of
the property thereof.
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21. In the event that the T~ustees shall receive
as part of the corpus of the Trust Estate any proceeds from
any qualified pension, profit sharing or other employee
benefit plan or trust, then the Trustees shall not use such
proceeds for the payment of any Trust expenses or fer
payment of any Federal or State, estate, inheritance, legacy
or succession taxes.
22, The said balance of the Trust Estate (that is
the Trust Estate less all principal allocated to Marital
Trust and less all amounts used by the Trust~es in the pay-
ment of any said death taxes), as well as any other amounts
payable to the Family Trust whether under Paragraph 15
hereof or otherwise, shall be set aside by the Trustees and
held and administered by said Trustees for the following
purposefl:
(A) If Settlor's wife, BONNIE R. KENNY, shall
survive him and shall not have been divorced nor
estranged from him at the .time of his death, then
commencing with the date of the death of Settlor, the
Trustees shall pay all the income from the Marital
Trust in convenient installments, but not less fre-
quently than quarter-annually, to BONNIE R. KENNY,
during her life time. In addi tion, the Trus tees, in
their absolute discretion, as exercised by a majority
vote thereof, giving primary consideration
to the needs of Settlor's wife, BONNIE R, KENNY, may
at any t~me invade the principal of the Family Trust
to provide for the proper and adequate health,
education, support or maintenance of Settlor's wife,
provided that such invasion shall not be made until
the principal of the ~mrital Trust has been exhausted.
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(B) Upon the death of Settlor's wife., BONNIE R.
KENNY,or upon the death of Settlor if BONNIE R, KENNY
shall not survive Settlor or shall have been divorced or
estranged from Settlor at the time of his death, the
Trustees shall divide the Family Trus t as then con-
stituted, together with any amount which may be
added thereto from the l1arital Trust, into equal
separate shares so as to provide one share for each
then living child of Settlor who was born of Settl.or I s
marriage to BONNIE R. KENNY and one share for the then
living descendants, coll~ctivelYI of each then deceased
child of Settlor's marriage to BONNIE R. lillNNY.
(C) The income from each share so provided fora
~hild of the Settlor shall be paid in convenient
installments to such child until complete distribution
of such share or until such child's prior death. In
addition to income, the Trustees shall be fully authorized
to pay to or expend and apply for the benefit of such
child such sums from the principal of his or her share as
they consider necessary or desirable from time to time for
his or her medical care, maintenance, education, and
welfare, taking into consideration all other income
available to such child for such purposes from all sources
known to Trustees.
(D) When a child reaches the age of twenty~one
(21) years, or upon division of Family Trust into
sh&res if such child has then reached such age, the
Trustees shall distribute to such child one-third (1/3)
in value of the principal of his or her sharc, then held
hereunder i whcn a child reaches the age of twenty-
five (25) years, or upon division of Family Trust into
shares if such child has thon reached such age, the
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Trustees shall then distribute to such child one-half
(1/2) of the then remaining value of his or her share,
then held hereunder; and when a child reaches the age
of thirty (30) years, or upon division of Family Trust
into shares if such child has then reached such age,
the Trustees shall distribute to such child the balance
of his or her share.
(E) In the event of the death of a child prior
to complete distribution of his or her share, then
upon such child's death such share, or the remainder
thereof shall be distributed per stirpes to his or
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her then living descendants, if any, or if none, then
per capita to the then living children of Settlor
who were born of Settlor's marriage to BONNIE R. KENNY.
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(F) Each share provided in subparagraph (B) of
this paragraph for the descendants of a deceased child
of the Settlor shall be distributed per stirpes to
such descendants.
ARTICLE IV
23. No principal ~r income payable or to become
payable under any Trust created by or continued under this
agreement shall be subject to anticipation or assignment by
any beneficiary thereof or to attachment by or to the interference
or control of any creditor of any such beneficiary, or be
taken or reached by any legal or equitable process in satis-
faction of any debt or liability of such beneficiary prior
to its actual receipt by the beneficiary, and all distri-
bution of income or principal of any Trust shall be paid by
the Trustees directly to or for the use of the beneficiary
who is to receive such distributions without regard to any
assignment, order, attachment or claims whatever.
24. Any property (whether income or principal) to
which a benefiCiary under a disability becomes entitled may
be retained by Trustees in a separate Trust and may be
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invested and applied from time to time for the beneficiary's
benefit in any way which Trustees may deem appropriate.
Such property shall be distributed to the beneficiary when
he or she is free of disability, or, in case of dp.ath during
disability, shall be paid to his or her estate. A bene-
ficiary shall be considered under a disability during
minority or at any time when such beneficiary shall in the
opinion of Trustees be disabled by advanced age, illness or
other condition.
ARTICLE V
25. The Trustees in acting as Trustees under each
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of the Trusts herein provided for, subject to any limitations
expressly set forth elsewhere in this agreement, and in
addit;on to and not in limitation of its common law and
statutory powers, shall have the following powers:
26. The power to purchase and acquire from any
legal reserve life insurance company licensed and doing
business in the Commonwealth of ~ennsylvania, any life
insurance policy and any annuity contract issued on the life
of any beneficiary of any Trust herein established or con-
tinued, or on the life of any person in which such bene-
fiCiary shall have an insurable interest. The Trustees may
be the owner and benef:i:ciary of any such policy with the
right to exercise any and all rights and privileges existing
hereunder. The Trustees may pay any and all premiums
payable under any such policy as and when the same are due
and payable. The Trl1stees may pay premiums on any policy
owned by any beneficiary under any Trust out of any funds
that it might otherwise distribute to such beneficiary
whether or not such beneficiary is then of full legal age.
The Trustees may distribute as a distribution of principal
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of a Trust, any such life insurance policy or annuity
contract to the person upon whose life such policy or
contract is issued on any distribution date or event of
distribution provided for in this Agreement. If any such
policy ~r contract is payable to the Trustees upon the death
,
of the insured- thoreunder, the Trustees may give their
receipt therefor to tho issuing insurance company which
shall have no duty to see to the application of any such
proceeds by the Trustees.
27. To accept from the executor or administrator
of the Settlor's Will, in kind, any of the Settlor's securities,
investments or real or personal property, and retain or hold
the same under the provisions hereof.
28. To hold as cash awaiting investment or distri-
bution at any time or from time to time such portion of any
of the Trust Corpus of any Trust as the Trustees shall deem
advisable, without being required to earn or account for any
interest thereon with respect to any such period of time.
29. To make loans, secured or unsecured, in such
amounts, upon such terms, at such rates of interest, and to
such persons, firms or corporations as they shall think fit,
inclUding but not limited to loans to any beneficiary under
any Trust provided for herein.
30. To borrow money, to execute promissory notes
therefor, and to secure said obligations by mortgage, pledge
or assignment of any of the Trust Corpus or estate.
31. To retain any property, real or personal,
which they may receive as Trustees, even though such property
(by reason of its character, amount, proportion to the total
trust estate, or otherwise) would not be considered appro-
priate for a fiduciary apart from this provision.
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32. To sell, exchange, give options upon, partition
or otherwise dispose of any proparty which they may hold
from time to time, at public or private sale or otherwise,
for cash or other consideration or on credit, and upon such
terms and for such contJ ideration as they shall think fi t,
and to transfer and convey the same free of all trust.
33. 1'0 invest and reinvest the Trust estate ft'om
time to time in any property, real or personal, including
(without limiting the generality of the foregoing language)
securities of domestic and foreign corporations and investment
trust, bonds, preferred ~tocks, common stocks, mortgages,
mortgage participations, even though such investment (by
reason of its character, amount proportion to the total
.
trusts estate, or otherwise) would not be considered appro-
priate for a fiduciary apart from this provision and even
though such investment causes a greater proportion of the
total trust estate to be invested in investments of one type
or of one company than would be considered appropriate for a
fiduciary apart from this provision. Investment decisions
or determinations shall be made \lpon a majority vote of the
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Trustees.
34. To acquire property returning no income or
slight income and/or retain any such property so long as
they think fit without the same being in any way chargeable
with income or the proceeds thereof in case of sale being in
part deemed income. However, the Trustees may in their
discretion payout of principal to any income beneficiary
such amount as in their judgment is reasonable compensation
for losses of income due to the acquisition and/or retention
of proper.ty returning no income or slight income.
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35. To improve any real estate comprised in the
trust estate, including power to demolish any buildings in
whole or in part and to erect buildings: to lease real
estate on sur.h terms as they think fit, including power to
give leases for periods that may extend beyond the duration
of the Trust; to foreclose, extend, assign, partially release,
and discharge mortgages.
36.. To renew or compromise, upon such terms as
they think fit, any claims including taxes, either in favor
of or against the Trust property or themselves as Trustees;
to pay claims upon such evidence as they think sufficient.
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37. To employ sllch brokers, banks, CIlS todians,
investment counsel, attorneys, and other agents, and to
delegate to them such of the duties, rights, and powers of
the Trustees (including, among others, rights to vote on
shares of stock held by the Trustees) for such periods as
they think fit.
38. To participate in any merger, reorganization
or consolidation affecting the Trust estate, and in connec-
tion ther.with to take any action which they could take if
they owned in their own capacities the securities concerned.
39. To keep any or all of the Trust property at
any place or places in the Commonwealth of Pennsylvania or
elsewherEl in the United States or abroad, or with a depository
of custodian at such place or places.
40. To determine, as to all sums of money and
other things of value received by them, whether and to what
extent the same shall be deemed to be principal or to be
income, and as to all charges or expenses paid by them,
whether and to what extent the same shall be charged against
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principal or against income, including, ~ithout hereby
limiting the generality of the foregoing language, power to
apportion any receipt or expense between principal and
income and to determine what part, if any, of the actual
incom~ received upon any wasting investment or upon any
security purchased or acquired at a prcmium shall be retained
and added to principal to prevent a diminution of principal
upon exhaustion or maturity thereof.
41. In dividing the trust estate into shares or in
distributing the same, to divide or distribute in cash, in
kind, or partly in cash and partly in kind, as they think
fit. For purposes of division or distribution, to value the
trust estate and any part thereof, reasonably and in good
faith, and such valuation shall. be conclusive upon all
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parties. To whatever extent divison or distribution is made
in kind, the Trustees shall, as far as they find practicable,
allocate to the respecti~~ beneficiaries approximately
proportionate amounts of S\lch kind of security or other
property in the trust estate.
42. To vote, in person or by proxy, all securities
held hereunder; to join in or to dissent from and oppose the
reorganization, recapitalization, consolidation, merger,
liquidation or sale of corporations or properties; to
exchange securities to pay any assessment or expense which
they may deem advisable for the protection of their interest
as holder of any such securities to deposit securities in
any voting trust or with any protective or like committee or
with a trustee or depository to exercise any options appurtenant
to any securities for the conversion thereof into other
securities; and to exercise or sell any rights issued upon
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or with respect to the securities of any corporations; all
upon such terms as the Trustees shall deem advisable.
43. To prosecute, defend, compromise, arbitrate or
otherwise adjust or settle claims in favor of or against the
Trustees or the Trust Estate.
44. The grant of any of the foregoing specific
powers to the Trustees, or the failure to grant specifically
other power, discretion or authority herein, shall not be
construed to limit in any manner the full and complete
power, authority and discretion which the Settlor intends to
grant to the Trustees, to.be exercisable by the Trustees at
any and all time with respect to any and all matters per-
taining to any Trust provided for herein. This Agreement
shall always be construed in favor of the validity of any
act or failure to act by the Trustees. Generally and except
as otherwise limited herein, the Trustees shall hold,
manage, control, uS'e, invest and reinvest and dispose of
each Trust and the Trust Corpus or estate thereof in all
things, under all circumstances and to the same extent as if
the Trustees were the absolute owner thereof, subject only
to the terms thereof.
45. Notwithstanding any of the other provisions of
this Agreement and the grant of any power either by common
law" statute or as set forth herein, in the administration
of Marital Trust the Trustees shall not possess or exercise
any power, the possession of which could or would in any
manner disqualify the Marital Trust for the purpose of or
with respect to the marital deductions under the Federal
Estate Tax laws or undcr the laws of any statc which may
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grant a similar marital deduction and which has proper
jurisdiction of the estate of the Settlor upon his death for
estate or similar tax purposes.
ARTICLE VI
46. The Settlor during his lifetime reserves the
right to add to or increase the principal of the total Trust
Estate by adding thereto additional policies of life insurance,
securities and other personal or real property, hut only
with the consent of the Trustees. The Settlor may also
provide in his Will or in any Codicil thereto that his
executors may cause property passing under such Will or
,
Codicil to be added to the principal of any or all of the
Trusts provided for herein.
47. With the consent of the Trustees, additions
may be made to the Corpus of any Trust provided for herein
by transfers or gifts made by any person during such person's
lifetime, or under the Will of such person to the extent
that such a gift may lawfully be made. If any such person
shall designate the Trustees as revocable beneficiaries
under any policy of life insurance issued upon such person's
life, such policy shall be subject to all of the provisions
of Article I hereon, except that in such event the word
"Settlor" as used in Article I, shall be read as if it were
"Insured".
ARTICLE VII
48. The Settlor hereby reserves the right to
revoke this Agreement in whole or in part upon written
notice to the Trustees. Upon receipt of such notice, the
Trustees,shall deliver to the Settlor or to his nominee, the
policies of life insurance and such other property held by
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the Trus tees, or if such revocation l.s in part, as many of
such policies or as much of the property as the Settlor
shall request, together with any instruments and consents as
may be reasonably necessary or desirable to carry out the
purposes of the Settlor. The delivery of any such policies
or property shall discharge the Trustees from any further
safekeeping thereof; PROVIDED, however, that no such delivery
to the Settlor or to his nominee shall be effective to
terminate this Agreement or to withdraw any such policy of
life insurance herefrom unless and until the Trustees have
ceased to be the beneficiaries under such policy in accordance
.
with the requirements of the policy or of the issuing
insurance company. If the Settlor shall change the bene-
ficiaxy under any policy that is subject hereto, this shall
have the effect of revoking this Trust with respect to such
poliey only.
49. The Settlor also reserves the right to modify
or amend this Agreement by written amendment thereto to be
executed by the Settlor, delivered to and accepted by the
. Trustee, at any ti.me or times.
ARTICLE VIII
50. The word "Trustees" as used herein shall mean
the original Trustees and any successor Trustees hereunder.
Each suecessor Trustee shall have all of the rights, powers,
privileges and duties, whether discretionary or otherwise,
that are granted herein to the original Trustees, and shall
be subject to the same limitations, reservations, terms and
conditions hereof.
Sl. If the Cumberland County National Bank and
Trust Company, as Trustee,shall be merged into or shall
consolidate with any other corporation, or if any
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othe~ corporation shall acquire all or substantially all of
the assets of the corporate Trustee, and if the resulting or
continuing corporation shall be a banking corporation, then
such corporation shall automatically be successor Trustee
hereunder without the necessity for executing any instru-
ments, consents, or amendments, with the same effect as if
such corporation had been one of the original Trustees
hereunder. In such event neither the corporate Trustee nor
the successor Trustee shall be required to give any notice
to any person who has or may later have any interest here-
under or in or to any Trust provided for herei.n, and all
requirements of any statutes and laws which provide notice
shall be given in any suc,h event are hereby fully waived.
52. The Trustees may resign at any time during the
lifetime of the 'Settlor by mailing or delivering written
notice of such resignation to the Settlor at his then usual
home or business address. After the Settlor's death, the
Trustees may resign only upon a petition to a court of
competent jurisdiction requesting such court to approve such
resignation and to appoint a successor Trustee or Trustees.
Upon the acceptance of the Trusts herein provided for by the
successor Trustee, or Trustees, the Trustees shall deliver
to the successor Trustee all of the securities and other
property which then eonstitute the Trust Corpus of all of
the said Trusts. The receipt of such successor Trustees
shall constitute a full and complete release and discharge
of the Trustees with respect to the said Trust Corpus.
53. The Trustees shall be entitled to receive
annually compensation for their services in acting as
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Trustees hereunder either as provided for in a separate
agreement or letter agreement between the Trustees
or I\ny of them and the Settlor with respect to the payment
of compensation to the Trustees, or if no such agreement is
entered into, in accordance with the compensation performed,
but in such event not in excess of compensation that would
be approved by a court of competent jurisdiction. The
Trustees shall also be entitled to payment of a reimbursement
for costs and expenses incurred in acting as Trustees
hereunder.
ARTICLE IX
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54. Each Trust hereunder is a revocable Trust,
made in the Commonwealth of P~nnsylvania, and it is to be
gove~ned and construed and administered according to its
laws and shall continue to be so governed and construed and
administered even though administered elsewhere within the
United States or abroad.
55. To the same effect as if it were the original
copy, anyone may rely upon a copy certified by a Notary
Public or by any officer of the Cumberland County National
Bank and Trust Company, as Trustee, to be a true copy of
this instrument (and of the writings, if any, endorsed
therein or attached thereto). Anyone may rely upon any
statement of fact certified by any officer of the corporate
Trustee as true and correct.
56. This Agreement shall be binding upon and inure
to the benefit of the parties hereto, their heirs, executors,
administrators, successors and assigns.
IN WITNESS WHEREOF, LEE R, KENNY, as Settlor, has
hereunto set his hand and seal, and the said Trustees, in
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COMMONWElIl TH OF PENNSYLVANIA
OII'IIIHMHH OF REVENUE
IlUIlfllLJ Of' EXIIMINATION
CUlINI Y I III NO
10
____l,.,_.:..._.__.~.__._.
-_._.._~---_......"..._---------/...~
APPHwwd VllIllU of Efilnto: '
HOill b,W10
Pursonal Property
Joinlly Held Proporty /Transfers
Tolnl Gross E!itato
Totul Approved DudlJCllOns
Cloar Villuc of Estate
Loss: Approved Charitable Exemptions
Cll'iH Value of Estate Subjoct to Tax
Amount Taxable @ 6% Rate
Amount Taxable @ 15% Rele
OFFICIAL NOTICE OF
INHERITANCE TAX
ASSESSMENT
'*'
. )
,
!
I
-r
$'
$\ ,I I'
$ lax due
~- tax due
TOTAL PENNSYLVANIA INHERITANCE TAX DUE $
'* '* '* .. '" '* A five peroent discount totaling $
will be granted If Ihe Inherilanoe Tax is paid by
less Crudl\s'
DATE OF PAYMENT
AMOUNT PAID
$
DISCOUNT
INTEREST
TAX CREDIT
+
!._-
$
"
$
+
=
+
=
Intorost accrllOS at the rate of slx (6) percent per annum
on tho unpaid balance of Inheritance Tax from ____~'~_n_-------._
\0 dOlo 01 paymont. Inlerest due If paid by _,_ Is
BALANCF. OF PENNSYLVANIA INHERITANCE TAX DUE $
Assassed by:
SOil InformOlion on flovorso Sino Agent for Ihe Corhmonw8allh
II: !'.d; j 1\'\1 it i 1'1 "; '" L I i:j
INSTRUCTIONS
-----...-. "~,,----------, ..-.---
To Insure proper credit to your account, the nomo of the ostelle and file number should be
clearly printed on the check or money order.
This determination and assessment is made in accordance with Section 421 and Section 732
of the Inheritance and Estate Tax Ad of 1961, 72 P.S. 2485--421, 732,
The estate tax imposed by Section 421 is due at the date of the decedent's deuth but shall
nat become delinquent until the expiration of eightO\>n (18) months after decedent's death provided
that any estate tax occasioned by a final chango in the Fecloral return or of the tax duo thorean
shall not become delinquont until the expiration of ono (1) month after the person liable to pay
the tax receives final notice of the increase. Calculate interost from the delinquent dote shown
on the face of this form to the date of payment using the following interest tab'e:
------------------------.----------------------------------------------------------
1 month .005 4 month s .020 7 months .035 10 months .050
2 monlh~ .010 5 months .025 8 months .040 11 months .055
3 months .015 6 months .030 9 mont hs .045 12 months .060
---_~_._____K__.~._. <._,..,------~..-
1 day .00017 11 days .00186 21 days .00352
2 day s .00034 12 days .00203 22 days .00369
3 do y s .00051 13 days .00220 23 days .00386
4 days .00068 14 days .00237 24 days .00403
5 days .00085 15 days .00250 25 days .00420
6 days ,00101 16 days .00267 26 days .00437
7 days .00118 17 day s .00284 27 days .0045,'
8 do y s .00135 18 days .00301 28 days .00471
9 days .00152 19 days .00318 29 days .OU488
10 days .00169 20 days .00335 30 days .00500
'-----------------------------~--------------------------------------------------
Any party in interest, including the Commonwealth and the personal representative, not
satisfied wi1h the assessment may object thereto within sixty (60) days after receipt of this
notice os provided by Section 1001 of the Inheritance and Estate Tax Act of 1961 (72 P.S.
~ 2485-1001)
Make check or money order payable to:
"Register of Wills, Agent"
Mail to the address listed below: