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Home My WebLink About06-08-07 , . LAST WILL AND TESTAMENT OF ETTA L. PORT I, ETTA L. PORT, domiciled and residing at 9841 Singleton Drive, Bethesda, Maryland 20817, declare, make and publish this to be my Last Will and Testament and revoke any and all wills and codicils at anytime previously made by me. ITEM I PAYMENT OF FUNERAL AND BURIAL EXPENSES I direct that the expenses of my funeral and burial, including a grave site, grave stone and perpetual care, and expenses of my last illness be paid out of my estate in such reasonable amount as my personal representative may deem proper and without regard to any limitation in the applicable local law as to the amount of such expenses and without necessity of prior court approval. ITEM II DEATH TAXES AND COSTS BE PAID OUT OF RESIDUARY ESTATE I direct that (a) all estate, inheritance, legacy, succession, or transfer and any other death taxes and duties occasioned by my death including any interest and penalty thereon imposed by any law, whether incurred with respect to property passing by this Will or otherwise, and (b) all costs of packing, shipping, insurance and other charges incident to the distribution of any tangible personal property herein, shall be paid by my personal representative out of " the principal of my residuary estli..1:;:$/wiphiil..roright of reimbursement '. ',.. ..1 from any recipient of any such properties. f: : 1 ,; ~S ! r! -, ~":r': C - ...J l. fJ &. B d-' ITEM III TANGIBLE PERSONAL PROPERTY I give and bequeath all of my tangible personal property, including, but not limited to, clothing and wearing apparel, jewelry, books, pictures, paintings, silver, china, crystal, furniture and furnishings, and any automobiles, to my surviving children, ELITHE PORT ELLIS, PATRICK G. PORT, MARY E. EATON, and PATRICIA L. PAK, in equal shares. If my children fail to agree among themselves as to the distribution of specific items of personal property, my personal representative may distribute the property among them as he or she shall determine, in his or her sole discretion, or add the property to the residuary estate. ITEM IV RESIDUARY ESTATE In the event that the trust established by the ETTA L. PORT REVOCABLE TRUST DECLARATION ("Declaration") dated a~t, /lrt;!;e. t:.U::J. 1993, created by me shall not have been entirely revoked or terminated as of the date of my death, I give all of the rest, residue and remainder of my property and estate of which I or my estate may be in any manner entitled at the time of my death, including any property or estate as to which I may have any power of disposition or appointment (all said property hereafter referred to as my "residuary estate") to the trustee of said trust, to be held, administered and distributed in accordance with the terms and conditions, powers, and restrictions set forth in the Agreement, including any written amendments or modifications thereof. If the 2 (j. 1- t. Agreement has been entirely.revoked or terminated at or prior to the date of my death, or in the event that, for any other reason, my residuary estate shall not be entirely disposed of in accordance with the provisions of this paragraph, I nevertheless direct my entire residuary estate to be held, managed, invested and reinvested in the same manner as described in the Declaration and managed by the same successor trustee or the successors named in the Declaration; and incorporate by reference the Declaration, including any amendments, into this will. If a court shall not allow the Declaration to be incorporated into this will with its amendments, it shall be incorporated in its original form without regard to any amendments. ITEM V PERSONAL REPRESENTATIVE I nominate and appoint my son, PATRICK G. PORT, as personal representative of this my last will and testament. Should PATRICK be unable or unwilling to serve, fails to qualify within a reasonable time of receiving notice of his nomination, or resigns after appointment, I nominate and appoint my daughter, PATRICIA L. PAK, to serve as first alternate or successor personal representative. If PATRICIA is unable or unwilling to serve, fails to qualify within a reasonable time of receiving notice of her nomination, or resigns after appointment, I nominate and appoint my son-in-law, BECK PAK, as second alternate or successor personal representative. I direct that neither my personal representative 3 J P. t. ~. . . . , nor any successor or alternate be required to give bond or undertaking or security thereon in any jurisdiction. ITEM VI EXCULPATION CLAUSE My personal representative shall not be liable for any loss, including insufficient rate of return or appreciation of principal, destruction or other injury of or to the assets in their possession unless such loss is occasioned by willful fraud, default or misconduct. ITEM VII FIDUCIARY POWERS AND AUTHORITY I authorize and empower my personal representative, as my fiduciary to exercise from time to time in his or her absolute discretion and without prior authority from any court, with respect to any property of my estate, all powers set forth in Section 15-102 of the Estates and Trusts Article of the Annotated Code of Maryland, and all powers, authorities and discretion conferred by law or under any rule of court, and those expressed in this will, all such powers to be construed in the broadest possible manner. My personal representative shall have full discretionary power, without order or approval of any court, to: (1) take any action desirable for the administration of my estate, including the power to sell at public or private sale, any real or personal property belonging to my estate at whatever prices and upon whatever terms they shall deem advisable; (2) retain, invest or reinvest in any property without responsibility for diversification 4 p ~~ f. d-' ... . > ~ " and without being restricted by any rule of law or court limiting investments; (3) hold any securities in the name of a nominee; (4) to compromise any claims to the same extent I could, if living; and (5) distribute in kind or in money, or partly in each. IN WITNESS WHEREOF, I have set my hand to this my Last Will and Testament, and on each of the preceding four (4) pages, I have affixed my initials for better identification, this /~~day of . ~' 1993. ~zaL ~ <9~ ETTA L. PORT (SEAL) The foregoing instrument was signed, published and declared by the Testatrix as and for her Last Will and Testament in our presence, and we, at her request, and in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses the day and year above written. WITNESSED: ~~~ ::> Address: /&/3 LLJ~ L~ /pO~/7<~ //70 CJOd675 t.D.1JclrO-~ Yr?aJd:J..;.. Address: 9t9.r ~~ if7 ~~, ~~2~"? 5 p (1. e. )-' OATH OF NON-SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA 2007-00366 Estate of ETTA L. PORT , Deceased PATRICK G. PORT and PATRICIA L. PAK (each) being duly qualified according to law, depose(s) and say(s) that she / he / they was / were well- acquainted with ETTA L. PORT and am/are familiar with the handwriting and signature of the decedent, and that the signature of ETTA L. PORT to the foregoing instrument purporting to be the Last Will and Testament/Codicil of ETTA L. PORT is in hislher own proper handwriting. {l~ 010~ iI?-L- (SignafUr, / lf13S N/-"LA.J L"u T Jtobd (Street Address) ;170u..--,f fi t'Y~ )1-1 D .;< J 77 J (City. State. Zip) U.) Executed in Register's Office Sworn to or affirmedSd subscribed tl--.-- before me this day qf~ .1.).fl-c..-L , cQ1ro1 . :'~~}lkt:~~ l~Qn _.Deputy f.or Register of Wills ~ r:/ .(' " , ~j .v ,:,' J n ".'r C-' 'i, I',J. Fonn RW-04 rev. /0./3.06