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HomeMy WebLinkAbout09-17-07 LAST WILL AND TESTAMENT I, EDNA MAY KLUTAS, of West Pennsboro Township, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all former Wills or Codicils by me made. 1. I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and all inheritance taxes (whether such taxes may be payable by my estate or by any recipient of any property) shall be paid from my residuary estate as soon as practicable after my decease and as part of the administration of my estate. My personal representative shall have no duty or obligation to r',') obtain reimbursement for any such tax so paid, even though on proceeds of ~.5ance @>ther property not passing under this Will. .., ;g Q q] \'1'1 2. -c~3Z -.J C--J r -,) In considering medical progress in the fields of tissue and organ I?~~ervat~ and -:Jj transplantation and the benefit of mankind therefrom, and in considering my faith.!)atJupon ~th the - w spirit and soul continue in God separate and apart from the body, therefore, upon my dean!', after certification of the fact of my death by a medical physician, I hereby reaffirm my previous agreement to donate all of my body unto the HUMANITY GIFTS REGISTRY, or other suitable recipient for the purposes of transplantation, therapy, medical research, or education, in each instance subject to my right of revocation of these donations at any time in the manner provided by Pennsylvania law. It is my wish and desire that my family, the Green Ridge Village Chaplain, and my Pastor shall make arrangements for a memorial service if so desired by my family to be conducted on my behalf in lieu of funeral arrangements. I request that my family, friends, and relatives should not send flowers upon my death but, in lieu thereof, should give cash contributions unto the GREEN RIDGE HEALTH CARE TRUST. I request that my nephew, ROBERT STANLEY KLUTAS, notify my Page 1 of 5 Pages f:)1( t: E.M.K. relatives upon my death of my wishes and arrangements as provided in this Paragraph of my Last Will and Testament; and I direct my personal representatives to reimburse my nephew, ROBERT STANLEY KLUT AS, for such expenses as he may incur in such process, including long distance phone calls for such notifications. 3. I give, devise and bequeath all of my estate, whether real, personal or mixed property, whether tangible or intangible, and wherever situated, in the following manner: A. 32.78% thereof unto my niece, BRENDA JEAN GEIMAN, provided that she shall survive me (if she does not survive me, then her share shall be divided equally between my great nieces, LAUREN KA YE STICKELL and KRISTIN LEE WEDEL, with substitution of issue per stirpes); B. 32.78%thereofuntQ my nephew, ROBERT STANLEY KLUTAS, with substitution of issue per stirpes; C. 1.64% thereof unto my niece, ELIZABETH ANN ESTOPINAL, with substitution of issue per stirpes; D. 1.64% thereof unto my great-great nephew, WADE HOWARD STICKELL, provided that he shall survive me; E. 1.64% thereof unto my great-great nephew, SETH ROBERT STICKELL, provided that he shall survive me; F. 6.56% thereof unto my great niece, LAUREN KA YE STICKELL, with substitution of issue per stirpes; G. 6.56% thereof unto my great niece, KRISTIN LEE WEDEL, provided that she shall survive me (and subject, however, to reduction to the extent of the unpaid balance of any outstanding loan which I have made to her during my lifetime); H. 3.28% thereof unto my niece-in-law, LINDA KLUTAS, provided that she shall survive me; 1. 3.28% thereof unto my nephew-in-law, GARY GEIMAN, provided that he shall survive me; Page 2 of 5 Pages JY5rlc( E.M.K. J. 3.28% thereof unto FIRST UNITED PRESBYTERIAN CHURCH of Newville , Pennsylvania; K. 3.28% thereof unto NURSES HOUSE, INC., THE VIRGINIA M. DRISCOLL CENTER FOR NURSES, presently of2113 Western Avenue 322, Guilderland, New York 12084- 9559; and L. 3.28% thereof unto GREEN RIDGE VILLAGE MEMORIAL FUND of Newville, Pennsylvania. Except as otherwise designated above, the share of any beneficiary who predeceases me shall lapse and said share shall be distributed proportionally to the remaining individual beneficiaries (but not to the corporate or institutional beneficiaries). Further, to the extent that any beneficiary shall not have attained the age of twenty-one (21) years as of the date set for distribution of his or her share, then such share shall be held in trust for such beneficiary by my personal representatives as Trustees until such age has been attained, subject to the power of my said Trustees to apply the principal and any income of such trust to the support, maintenance and education of such beneficiary, in the sole discretion of my Trustees. 4. I nominate, constitute and appoint my nephew, ROBERT STANLEY KLUTAS, and my niece, BRENDA JEAN GEIMAN, or the survivor of them as Executors of my estate. 5. I direct that my personal representatives shall not be required to file a bond to secure the faithful performance of their duties in any jurisdiction. 6. I authorize and empower my personal representatives and Trustees, in their sole and absolute discretion, to purchase or otherwise acquire and retain any investments or any property of any nature which I own at my death; to sell, lease, pledge, mortgage, transfer, exchange, dispose of or grant options in regard to any or all property of any kind forming a part of my estate for such terms and Page 3 of 5 Pages rkl-(' E.M.K. such prices as they may deem advisable; to borrow money for any purposes connected with the protection and preservation of my estate; to mortgage or pledge any real or personal property forming a part of my estate or to join in or secure the partition of same; to compromise any claims or demands of my estate against others or of others against my estate; to make distribution in kind and to cause any share to be composed of cash, property or undivided fractional shares in property different in kind from any other share; to employ agents, attorneys and proxies and to delegate to them such power as my personal representatives and Trustees consider desirable and to pay reasonable compensation for such services as may be rendered by such agents, attorneys and proxies; and to execute and deliver such instruments as may be necessary to carry out any of these powers. In addition, I direct that my personal representatives shall have the power to conduct an inventory of any safe deposit box necessary to the administration of my estate. IN WITNESS WHEREOF I have hereunto set my hand and seal this 5th day of May, 2005. 4'Q~~~ ~~(SEAL) Edna May KIu 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, have hereunto subscribed our names as witnesses thereto, in the presence of the said Testatrix and of each other. .~ "/ //k~'~/'/ - 7 c;Jr~j~ Page 4 of 5 Pages COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I, EDNA MAY KLUTAS, Testatrix, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. ~~;!f:t /~;4;; Sworn or affirmed to and acknowledged before me by EDNA MA Y KLUT AS, the Testatrix, this 5fu day of May, 2005. K. _ ~ Or:: , EJJauJn r~~ Notary Public Notarial Seal Sharon E. Bloom Notary Pub,. COMMONWEALTH OF PENNSYLVANIA) NorthMyCommiMiddf~TWP.,Cumberfand~ : S S. SSIOO Expires August 5, 2006 COUNTY OF CUMBERLAND ) Member,PennsyfvaniaAsSOCiationOfNolaries We, :5!-e;., tun l :Doom and LtStLn L the witnesses whose ames are SIgned to the attached or foregomg mstrument, bemg uly qualified according to law, do depose and say that we were present and saw EDNA MAY KLUT AS, the Testatrix, sign and execute the instrument as her Last Will; that the Testatrix signed willingly and that the Testatrix executed it as her free and voluntary act for the purposes therein expressed; that each of us, in the hearing and sight of the Testatrix, signed the Will as witnesses; and that to the best of our knowledge the Testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undne influence. ~ k~ Address ;) .J 0 0 Lo"'/J:s Gc.,,;J ac~d C~ Is'/e, ~ i 70/3 ~Dc;gf~ (' (j r lis lei PI) J 7/) / 3 Notary Pub IC Sworn or affirmed to and subscribed before me this 5 Notarial Seal Sharon E. Bloom, Notary Public North Middleton Twp., Cumberfand County My Cotmllssion Expres August 5, 2006 MImbet. ~ AssodaIion OfNotariea C:\Office - Estate Planning\10519.1 will.1.doc Page 5 of 5 Pages