HomeMy WebLinkAbout03-23-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF 0/('- 07- :;; %"0
COUNTY, PENNSYL VANIA
6/1-)86
Estate of
RJL), ~L
r EJ I<<~ (J
File Number
also known as
, Deceased
Social Security Number ~ I tJ -/,? -,..}&U
Petitioner(s), who is/are 18 years of age or older, apply(ies) for: E d(,.U~td r: Eiit6 Ij J"R
(COMPLETE 'A' or 'B' BELOW:) ~
&rlke /I !lot; Ve: Ec.fJ.tPA/id F /:I/I;$IJ J,f.
o A. Probate and Grant of Letters Test mentary and aver that Petitioner(s) is / are the &/llft.. 'l. A & 1I'-U' named in the
last Will of the Decedent dated an~ codicil(s) dated
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c::::.
(State relevant circumstances. e.g.. renunciation. death of executor. etc.) ':::::0
20 ~
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of~~wtrument~ffered
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for probate, was not the victim of a killing and was never adjudicated an incapacitated person: _ - c:--':-. r-:. N _ \
.-: \~i VJ
. --~ :::::.:~
o B. Grant of Letters of Administration '.\ S:
(If applicable. enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante miltorfJiJte) ::::::
./ . '\ '1 ....
Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following spouse:.ri~y) and he~ (If
Administration. c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)'
Name
Relationship
Residence
(COMPLETE IN ALL CASES:) Attach additio/lal sheets ifnecessary.
Decedent was domiciled at death in C Uq, b..~1' (, HLd County, Pennsylvania with his / her last principal residence at
(List street address. to WI/Icily. township. county. state. zip code)
Decedent, then f? I
years of ag~, died on , f /1 ~~ 7
at
,2 : ~eJ ;tJ h7
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) All personal property
(If not domiciled in P A) Personal property in Pennsylvania
(If not domiciled in P A) Personal property in County
Value of real estate in Pennsylvania
$
$
$
$
o
o
()
o
situated as fdllows:
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:
T ed or rinted name and residence
FOrtll RW-02 rev, 10.13.06
Page 1 of2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF (l111K bilnaJ
SS
The Petitioner(s) above-named swear(s) or affirrn(s) that the statements in the foregoing Petition are true and correct to the best of
the knowledge and belief ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
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Signature 0 Personal Representative r/
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Signature of Personal Representative
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Signature of Personal Representative
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Estate of
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and that the instrument(s) dated
described in the Petition be admitted to probate and filed of recor
Attorney Signature:
FEES
Letters ............... $ c:::2.5, 60
Short Certificate( s) . . . . . . . . $ '/0,00
Renunciation(s) .......... $
-'" P . .. $ 10. CD
AuJ-o ... $ 5.00
.. . $
.. . $ t
.. . $
... $
.. . $
.. . $
... $
TOTAL ......... . . . . . $ <:10.00
Attorney Name:
Supreme Court 1.0. No.:
Address:
Telephone:
Form RW-tJ2 rev. 10.13.06
Page 2 of2
n0~.W'~ REV '("~
This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. 6 '7 _ ~~
WARNING: It is illegal to duplicate this copy by photostat or photograph.
E-U186727
No.
Fee for this c~rtificate, $6,00
MAR 1 9 2007
Date
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Hl~I<3 REV 112Ol16
TVPE , PRINT IN
PE_ENT
IllACM INk
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and examples on reverse)
STAfE FILE NU~BER
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c.r, 60<0
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LAST .:ILL .um TBSTAIIEBT
OP
Raahel Binsiq
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I, Rachel Einsig, of 247. Cassatt Road, -":;,8,e~,
Pennsylvania, do publish and declare th1s to be my last-~~~l :and
testament, hereby revoking all other wills and cOdicils,heretotcire
made by me. - ~-, -, .,,~~
, I
FIRST: Familv and Fiduciarv ADDointments
r _.-'
f'..i
(A) Family and Backaround Information. I am married to
Edward Einsig. We are both united States citizens. I have two
children, namely, Edward Einsig, Jr., and Grace Hoover. The word
"issue" will include my grandchildren as well as my other
descendants.
(B) Inter vivos Trust. The inter vivos trust agreement
referred to hereafter in this will is of even date, by and between
myself as settlor and myself and Edward Einsig as Co-Trustees.
(C) Appointment of Executor. I appoint as executor and
successor executors all hereafter referred to as executor,
executors, fiduciary or fiduciaries under this will the following
named persons:
First appointee: Edward Einsig
Second appointees: Edward Einsig, Jr., and Grace
Hoover
(1) Succession of Fiduciaries. My first appointee
as a fiduciary shall serve initially unless he fails to qualify or
ceases to act as such prior to the completion of the duties of said
office, in which event my successor appointees shall serve in the
order named. A successor appointee shall act only if her or his
immediate predecessor or predecessors fail to qualify or cease to
act.
(2) No Bond or Accountina. To the extent permitted
by the law of the applicable jurisdiction, I hereby excuse my
fiduciary, his successor or successors, any administrator c.t.a.
(also known as "administrator with the will annexed") and any
administrator d.b.n.c.t.a. (also known as "administrator with the
goods unadministered and the will annexed") and any ancillary
fiduciary, whether named herein or not, from filing any bond or
other security. If bond is required, I direct that if possible no
surety be required thereon.
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SECOND:
Funeral. Last Illness and Taxes
(A) Expenses. Notwithstanding that my husband survives
me, I direct my executor to pay my funeral expenses (regardless of
amount) and the expenses of my last illness from my estate.
(B) Funeral Instructions. While I am aware that nothing
I may say in this will with respect to my desires concerning the
disposition of my remains and related matters is legally binding
and that even if it were, this will may not be examined prior to
the disposition of my remains, nonetheless, besides advising my
husband and my children with respect to my desires on this point in
other documents I would like to reiterate here that I wish my
remains to be ??????
(e) Taxes
(1) Pavable from Residue. I direct that all
estate, inheritance, succession, legacy, transfer and other death
taxes or duties (by whatever named called), including any and all
interest and penal ties thereon, imposed under the laws of any
jurisdiction by reason of my death, upon or with respect to any and
all property which is required to be included in my gross estate
for the purpose of such taxes, whether such property passes under
or outside of this will (except any taxes described in Second
(C) (2), below, and any interest and penalties associated with said
taxes) shall be paid by my executor out of the residue of my estate
in the same manner as expenses of administration and shall not be
prorated or apportioned among or charged against the respective
devisees, legatees, beneficiaries, transferees, or other recipients
of any such property or charged against any property passing or
which may have passed to any of them, and my executor shall not be
entitled to reimbursement for any portion of any such tax from any
such person.
(2) ExceDted Taxes. The foregoing provisions of
this Second shall not apply to: (i) the amount, if any, by which
said taxes, interest and penalties thereon shall be increased as a
result of the inclusion in my gross estate of property in which I
may have a qualifying income interest for life, under section 2044
or corresponding provisions of state law, or over which I may have
a general power of appointment under section 2041 or corresponding
provisions of state law and any taxes, interest and penalties on
said incremental amount shall either be paid from said property
directly or shall be recovered by my executor from the person
holding or receiving said property as provided in sections 2207A or
2207; (ii) the additional estate tax impose by section 2032A(c) (or
corresponding provisions of federal or state laws applicable to my
estate and imposing said taxes), and any and all interest and
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penalties on said section 2032A(c) and comparable state taxes;
(iii) any generation skipping transfer tax imposed under Chapter 13
( and any similar state tax), which tax and any interest and
penalty associated with said tax shall be paid from the property
consti tuting the generation skipping transfer; (i v) any
supplemental estate tax attributable to excess retirement
accumulations of qualified plan benefits included in my estate
under Section 4980A, which tax and any interest and penalty
associated with said tax shall be apportioned pro-rata against and
paid by the person or persons who receive such property; (v) the
amount, if any, by which said taxes, interest and penalties shall
be increased (after any adjustments under section 2701(e) (6) are
taken into account) as a result of an increase in the value of my
adjusted taxable gifts or taxable estate under section 2701{d) (1)
and (2), or any other special valuation rule contained in sections
2701-2704, any provision replacing said section or corresponding
provisions of state law, and any such taxes, interest and penalties
attributable to the amount of the increase shall either be paid
from the interest in the partnership, corporation or trust to which
it applies directly or shall be recovered by my executor from the
person or persons holding or receiving such property; (vi) the
amount, if any, by which said taxes, interest and penalties shall
be increased as a result of the inclusion in my gross estate of
property held in any irrevocable trust created by me at any time;
and (vii) such portion or portions of said taxes, interest and
penalties which are required to be paid or are advanced to my
executor by the trustee of the trust described elsewhere in this
will.
(3) Coordination with Revocable Trust. My
executor is authorized to reduce to zero the amount to be
distributed to any person under this will or instruct the trustee
of my revocable trust referred to in First (B), above, to do the
same, by the amount of any taxes, interest and penalty said person
is responsible for under this Second (e) if the property resulting
in said additional tax does not bear said tax or if said tax is not
paid by or reimbursed to my executor by the recipient of said
property so that my executor must pay said tax from my estate. If
my estate is insufficient to satisfy all such taxes, I have
directed the trustees of said trust, to make available to my
executor sufficient assets from said trust with which to pay such
taxes in full.
THIRD: Residential Real Estate. If my husband
survives me, I devise and bequeath to my said husband, absolutely
and in fee simple any and all interests and rights I have to all
residential real estate used by us as a permanent or seasonal home
or homes, that we owned as joint tenants or as tenants by the
entirety. Said interests shall include all buildings and other
improvements thereon, and all property, liability, homeowners or
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other insurance policies relating thereto or the proceeds from any
such insurance policies, if said proceeds are payable by reason of
an event occurring on the day of my death or thereafter.
FOURTH:
Tanaible Personal Property
(A) To Husband or Children. I bequeath all my clothing,
jewelry, heirlooms, furniture, household garden and lawn
furnishings, equipment and supplies, my fixtures, bedding, rugs,
carpets, household goods, linen, silver, silverware, plate, china,
glass, glassware, pictures, paintings, antiques, works of art,
clocks, books, ornaments, personal effects, motor vehicles and
boats (together with the equipment, furnishings and accessories for
said motor vehicles and boats), and all other similar articles of
tangible personal property owned by me at the time of my death,
together with my interest in all property insurance policies or the
proceeds therefrom (if payable as a result of an event occurring on
the day of my death or thereafter) applicable to the assets
bequeathed under this Article Fourth, to my husband, if my husband
survives me, or, if not, then to my children, equally.
(B) Exclusion. However, the bequests in Fourth (A) do
not include: (i) any and all property used by me in any business
operated by me as a proprietorship, (ii) cash on hand or on deposit
in banks, (iii) bearer securities, (iv) any type of evidence of
indebtedness, (v) any life, health or accident insurance policies,
(vi) any gold or silver bullion, bars, other precious or strategic
metals, stamps or other philatelic materials, coins or other
numismatic materials, antique firearms or other weapons, if the
fair market value at the date of my death of all such metals,
materials and weapons described in this subdivision (vi) totals
more than the lesser of THREE THOUSAND DOLLARS ($3,000) or THREE
PERCENT (3%) of those of my assets which pass under this will and
are required to be shown on the inventory filed with the probate
court possessing juriSdiction over my estate.
(C) Memorandum of Instructions. I may leave a
memorandum containing suggestions as to the ultimate disposition of
certain of the property bequeathed under Fourth (A), such
memorandum shall be absolute.
(D) PaYment of Incidental Charges. I direct my executor
to pay from my residuary estate all storage, packing and
transportation costs, insurance, customs duties of any country and
use taxes charged by any jurisdiction, as well as all other charges
incident to the preservation and distribution of any or all of my
articles of tangible personal property.
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FIFTH:
General Legacv and Residuarv Estate
(A) Residuarv Estate. I devise and bequeath all of
the rest, residue and remainder of my estate, real, personal and
mixed, of whatever nature and wherever situated to which I am
legally or equitably entitled, all of which is hereafter referred
to as my residuary estate, to the then acting trustee under the
trust agreement described in First (B) of this will and executed
prior to the execution of this will, to be held, administered and
distributed pursuant to the terms thereof, as the same may be
amended from time to time. However, this devise and bequest of my
residuary estate does not include any property over which I may
have a power of appointment.
Grant of Powers. Cor-Dorate Fiduciarv's Fee.
OTIP elections. and GST exemption allocation
(A) Powers. In administering my estate I authorize and
empower my personal representative (which term is synonymous with
the words executor, his or her successor, any administrator c.t.a
(also known as "administrator with the will annexed") and any
administrator d.b.n.c.t.a. (also known as "administrator with the
goods unadministered and the will annexed"), all of whom are
hereafter referred to in this will as my fiduciary, whether named
herein or not), acting in his or sole and absolute discretion:
SIXTH:
1. Retain and Hold. To retain and hold any
property or any undivided interest therein held in my estate or in
my trust, regardless of any lack of diversification, risk or non-
producti vi ty , and whether or not the same consti tutes "legal
investments" under applicable law; to continue so hOlding, for as
long as my fiduciary deems best, any investments received from them
even though the same may be hazardous or doubtful or constitute an
unduly large portion of my estate or be of a type constituting an
unduly large portion of my estate; and at all times and from time
to time to vary investments, whether existing at my death or made
thereafter;
2 . Invest and Reinvest. To invest or reinvest my
estate in any property or undivided interests therein, wherever
located, including but not limited to bonds, notes stocks of
corporations, personal property, real estate, or any interest
therein, and interests in trusts including common trust funds,
without being limited by any statute or rule of law concerning
investments by trustees;
3 . Sell. Exchanqe and Grant ODtions. To sell,
transfer, conveyor otherwise dispose of, at public or private
sale, for cash or credit, together or in parcels, any and all of
the real or personal estate at any time included in my estate or
5 of 13
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owned by me at my death; to sell real estate, notwithstanding that
there may be personal property which might be sold; to grant
options to purchase or acquire any such property and to determine
the prices and terms of such sales, exchanges and options; and to
execute such deeds and other instruments and to do such other acts
as may be necessary or proper to vest a good and valid title,
absolutely and in fee simple in the purchaser or purchasers
thereof;
4 . Lease and Sublease. To execute leases and
subleases of real and personal property, and each of the, even
though the terms of such leases and subleases may extend beyond the
termination of my estate or any trust, to subdivide or improve real
estate and tear down or alter improvements, and repair, add to and
replace the same; to grant easements, give consents and make
contracts relating to real estate and personal property or their
uses, and to release or dedicate an interest in real estate;
5 . Borrow and Mortgaae. To borrow money, upon
such terms and conditions as may be deemed advisable, but without
individual liability therefore; to renew from time to time any loan
recei ved in the exercise of the foregoing power or any loan
existing at my death; and to mortgage, assign, hypothecate, pledge
or otherwise dispose of any part or parts of the real or personal
property from time to time included in my estate to secure the
repayment of any sum or sums so borrowed or any loan renewed
pursuant to the foregoing provisions, to mortgage any such real
estate, notwithstanding that there may be personal property which
might be affected, with a stranger; and to execute such notes and
other instruments as may be necessary or proper for the exercise of
these powers, and no mortgage or pledgee shall be in anyway
answerable for the application, misapplication or non-application
of any loan taken out pursuant to the foregoing powers or required
to inquire into the power of my executor to borrow the sum or sums
loaned;
6. Conserve. To take any action with respect to
conserving or realizing upon the value of any estate or trust
property; and wi th respect to foreclosures, reorganizations or
other changes affecting the estate or trust property, to collect,
pay, contest, compromise, or abandon demands of or against trust
assets, wherever situated; and to execute contracts, notes,
conveyances and other instruments, including instruments containing
covenants and warranties binding upon and creating a charge against
estate or trust assets, and containing provisions excluding
personal liability;
7. Hold in Nominee Name and Without Indicating
fiduciary Ownership. To hold securities or other properties in the
name of a nominee or in another form not indicating the fiduciary
6 of 13
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ownership thereof, whether in bearer, unregistered or other
negotiable form;
8. EmDloy Aqents. To employ servants, agents,
accountants, attorneys, auditors, brokers, investment counsel,
custodians, depositaries, consultants, other professional advisors,
and proxies, with or without discretionary powers; to assist or
perform any undertakings or actions authorized in this will,
charging expenses against income and principal as my fiduciary
shall determine;
9. ApDoint Proxies. To appoint a proxy or
proxies, with or without power of substitution, to vote shares of
a corporation or association as directed or in such manner as such
proxy or proxies shall deem best; to deposit securities with, and
transfer title to committees representing security holders, and to
participate in voting trusts, reorganizations and other
transactions involving common interest of security holders;
10. ParticiDate in Reoraanizations. To participate
in, assent to or disapprove any plan for the reorganization,
consolidation, merger, winding up or readjustment of the
indebtedness of any corporation or association and to take any and
all action required by reason of participation in such plan, and to
place stock or shares in voting trusts;
11. Allocate Between Income and PrinciDal. To
determine the manner of ascertainment of income and principal, and
the apportionment between income and principal of all receipts and
disbursements;
12. Deal with Related Parties. To enter into any
transaction authorized by this sixth (A) with the trustee or legal
representatives of any other trust or estate in which a primary
beneficiary or the remaindermen hereunder has any beneficial
interest, even though any such trustee or legal representative is
also the trustee hereunder;
13. Distribute in Cash or Kind and Non-Pro-Rata.
To make (at then fair market values) any distribution or division
or pay any pecuniary legacy in cash or in kind or in both and to
make non-pro-rata distributions to or among any beneficiaries;
14. ComDromise or Submit to Arbitration. To
compromise or submit to arbitration any claim in favor of or made
against my estate or any testamentary trust or any other matter in
dispute;
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15. Determine Valuation Date. To determine the
date as of which my gross estate shall be valued for the purpose of
determining the federal estate tax payable by reason of my death;
16. Elect Between Income and Estate Tax Deductions.
To decide whether all or any part of certain deductions shall be
taken as income tax deductions (even though they may equal or
exceed the taxable income of my estate and whether or not claimed
or of benefit on my estate's income tax return) or as estate tax
deductions (even though I may have no taxable estate) when a choice
is available; and in the event that all or any part of such
deductions are taken as income tax deductions, no adjustment of
income and principal accounts in my estate shall be made as a
result of such decisions;
17. Agree to Accelerate Tax on Future Interest. To
agree to the present payment of death taxes on any future interest
created by [this will] OR [in any inter vivos trust into which this
will pours] (including a future interest subject to a power of
appointment), notwithstanding that but for such agreement for the
present payment of said taxes said taxes would not have been
imposed until a future time or would have been imposed on the
estate of the donee of the power of appointment to which such
interest is subject;
18. Pay Excenses. To deduct, retain, expend, and
payout of any money belonging to my estate and any testamentary
trust any and all necessary or proper expenses in connection with
the operation or conduct of my estate and any testamentary trust,
including, but not limited to the expense of hazard insurance and
public liability and other types of liability insurance; and to pay
all taxes and other legal assessments, debts, claims, or charges
which at any time may be due and owing by, or which may exist,
against my estate or any testamentary trust;
19. Disclaimer To disclaim, in whole or in part,
any interest in property for any reason, including but not limited
to a concern that such property could cause potential liability
under any federal, state, local or foreign environmental law;
20. Receive and Refuse ProDertv. To receive any
property, real or personal, to be added to and commingled with my
estate or any testamentary trust created under this instrument from
my husband or me or from any revocable trust created by me (and if
my fiduciary consents in writing, from any other person) by
lifetime or testamentary transfer or otherwise; provided, however,
that my fiduciary, in its sole discretion, may require, as a
prerequisite to accepting property, that the donating party provide
evidence satisfactory and warrant to my fiduciary that: (a) the
property is not contaminated by any hazardous or toxic materials
8 of 13
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or substances; and (b) the property is not being used and has never
been used for any activities directly or indirectly involving the
generation, use, treatment, storage, disposal, release, or
discharge of any haza~dous or toxic materials or substances;
21. Exculpation. To be free from liability for any
loss or depreciation in value sustained by my estate or any
testamentary trust created hereunder as a result of my fiduciary
retaining any property upon which there is later discovered to be
hazardous materials or substances requiring remedial action
pursuant to any federal, state, local or foreign environmental law,
unless my fiduciary contributed to the loss or depreciation in
value through willful default, willful misconduct, or gross
negligence;
22. Il1demnification. To withhold a distribution to
a beneficiary, notwithstanding any contrary provision of this
instrument, until receiving from the beneficiary an indemnification
agreement in which the beneficiary agrees to indemnify my fiduciary
against any claims filed against my fiduciary as an "owner" or
"operator" under the Federal comprehensive Environmental Response,
compensation and Liability Act of 1980, as from time to time
amended, any regulation thereunder, or any comparable state, local
or foreign statue or regulation;
23. Create SeDarate Trust. To create a separate
trust to hold any properties suspected of containing or having
received any hazardous waste.
(B) PaYments to Minors and Incapables. Any and all
income or principal that is to be distributed, paid to or applied
for the benefit of a minor may, in my fiduciary's discretion, be
paid to any person or corporation who is serving as a custodian for
the benefit of said minor under the applicable state's Uniform
Transfers or Uniform Gifts to Minors Act. In the event that there is
no such custodian, my fiduciary may appoint an adult member of the
minor's family, a guardian of the minor, a bank with trust powers,
or itself, to serve as such custodian and receive said payments.
If a beneficiary is incapacitated by illness, accident or other
inf irmi ty , or is a minor (and payments are not made to the
custodian for the minor as described in the two preceding sentences
of this sixth (B)), payments may be made by my fiduciary, in its
sole discretion, directly to such minor or incapable, applied
directly for the support, maintenance, education, and medical,
surgical, hospital, or other institutional care of such minor or
incapable; to the conservator of such incapable, or to any other
person whether or not appointed guardian of the person or
conservator by any court, who shall, in fact, have the care and
custody of the person of such minor or incapable. My fiduciary
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shall not be responsible for nor shall it have any duty to follow
any payments made under the provisions of this sixth (B).
(C) CorDorate Fiduciarv's Fee. Any corporate fiduciary
serving hereunder shall be entitled to compensation in accordance
with its current schedule of services and fees in effect at the
time of the rendition of such service.
(D) Trustee to Direct Executor to Elect to Qualifv QTIP.
The trusts established under the agreement described in First (B)
of this will, into which all or a portion of my residuary estate is
added under Fifth of this will, may include a qualified terminable
interest property trust (hereinafter called a QTIP Trust) for my
husband. I direct my executor, in deciding whether to elect to
qualify part or all of said trust for the federal estate tax
marital deduction, to follow the direction of the trustee of said
trust as to whether and to what extent to make said election. I
hereby exculpate and exonerate my said executor from any and all
liability for following the direction of my said trustee in making
said election.
(E) Reverse QTIP Election. My executor is authorized to
elect under section 2652(a) (3) to treat me as the transferor of any
property which the election to treat said property as qualified
terminable interest property was made by my executor pursuant to
section 2056 (b) (7).
(F) Allocation of GST Exemption. My executor is
authorized in my executor's sole discretion and without court
approval, to allocate any portion or all of my exemption from
generation-skipping transfer tax available to my estate pursuant to
Section 2631 (a), or any similar exemption, exclusion or other
benefit allowable under the law in force when I die, to any
property as to which I am the transferor within the meaning of
Section 2652 (a), including any property transferred during my
lifetime, to elect out of any deemed allocation or revoke any prior
election out, in whatever manner my executor may determine to be
appropriate. Except as otherwise provided, no adjustment shall be
made between principal and income or in the relative interests of
the beneficiaries to compensate for any such election or
allocation.
SEVENTH: Miscellaneous provisions
(A) caDtions,. The underline captions set forth in this
will at the beginning of the various subdivisions hereof are for
convenience of reference only and shall not be deemed to define or
limit the provisions hereof or to affect in any way their
construction and application.
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(B) References in Will to sections and ChaDters are to
Tax Law. Unless otherwise specified, all references in this will
to section and chapter numbers are to those of the united states
Internal Revenue Code of 1986, as amended, or the corresponding
provisions of any subsequent united states (federal) tax laws
applicable to my estate.
(C) Definitions:
1ll Issue Includes Adoptives. but not Persons Born
out of Wedlock. The words "issue", "child", "children",
"grandchild", "grandchildren", "great-grandchild" and "great-
grandchildren" shall include persons who are legally adopted (so
long as any such adopted persons were under the age of eighteen
(18) years at the time of their adoption) and the issue of said
persons, but only if born to parents who at the time of said birth
were married to each other.
(2) Issue includes all descendants and children in
aestation. The word "issue" shall include descendants of all
generations. A child in gestation at the time of an event, who is
later born alive, is deemed to be "in being", "alive" or
"surviving" at the time of such event.
( 3 ) Per stirDes. A direction to make a
distribution to issue, per stirDes, shall mean that the required
per stirDital division shall be made at the earliest generation
having living representatives.
(D) Afterborns. The birth to me or the adoption by me
of a child or children subsequent to the execution of this will
shall not operate to revoke this will.
(E) SurvivorshiD. If my husband and I die under
circumstances in which there is no sufficient evidence as to which
one of us died first or the order of our deaths cannot be
established by proof, then for all purposes other than
distributions of the devises and bequests made under Third of this
will, it shall be conclusively presumed that my husband survived
me, notwithstanding the provisions of any law establishing a
different presumption of order of death or providing for
survivorship for a fixed period as a condition for inheritance of
property. For purposes of the devises and bequests under Third and
Fourth of this will, my husband shall not be deemed to survive me
and for all purposes a person other than my husband shall not be
deemed to survive me if such person dies within sixty (60) days of
my death, nor to survive another if such person dies within sixty
(60) days of the death of such other.
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(F) Masculine. Feminine and Neuter Interchanaeable:
Sinaular Includes Plural. When the context so requires, the
masculine, feminine and neuter genders shall be used
interchangeably and the singular shall include the plural and vice
versa.
(G) ReciDrocal wills are Not Contracts. Although my
husband and I may be executing reciprocal wills, this shall not be
construed to indicate the existence of a contract between us and,
if my husband survives me, my husband shall be free to dispose of
his estate as my husband may desire, without any restriction or
limitation.
EIGHTH:
Drovisions
Contents of will. Testimonium and Attestation
(A) Contents of will. This will consists of eight (8)
articles (including this one). Following Article Eighth is one
numbered page containing a self-proving affidavit.
(B) Testimonium and Attestation Provisions. IN WITNESS
WHEREOF, I have hereunto set my hand and seal this ~ day of May,
1994.
~~~L iJ
signed, sealed, published and declared by the above named
testatrix as and for her last will and testament, in the presence
of us who at her request, in her presence and in the presence of
each other have hereunto subscribed our names as witnesses.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF BUCKS
We, Rachel Einsig, (;. T ~ t>...... "'.i L./; l (: ~ '" )
'-/ .- t l.. ~ """"' .) c (.,. : _ A t <. oJ . , and ,
the testatrix and 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
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 their 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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WJ.tness
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Witness
Subscribed, sworn to and acknowledged before me by Rachel
Einsig, the testatrix, and subscribed and sworn to before me by
,. 1" (... I _ ... \ ......"... ; l ". ~ ..... I , V : l ( : ... _ 5 '" ~ ; _ A (.f. . , and
, witnesses, on May the 0 ~~~, 1994.
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( SEAL)
NOT ARIAL SEAL
JENNY Lr:" !:S MARZ!ANO. Notary Public
City or !-'!Ii1adelphia. Phila. County
Mv Commission Exoires ALlG. 20. 19Q4
F:\USERS\GfW\WILLS\EJNSIO.RAC
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