HomeMy WebLinkAbout10-22-07
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15056041046
REV-1500 EX (05-04)
PA Department of Revenue '*
Bureau of Individual Taxes
Depl 280601
Hanisbutg, PA 17128-0001 ~
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death
INHERITANCE TAX RETURN
RESIDENT DECEDENT
OFFICIAL USE ONLY
County Code Year
& I ott
File Number
Gb/()
Date of Birth
I f.,! \" IOqo
(:) \ 7-"2- "2-0 0 ,
Suffix
tl'2-~lqlq
Decedent's First Name
MI
Decedenfs Last Name
MU~ f Ai
M. w, ~ \ -F e. e 1)
(If Applicable) Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix
Spouse's First Name
MI
Spouse's Social Security Number
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
~ 1. Original Retum
c::,)
2. Supplemental Retum
c::,)
3. Remainder Retum (date of death
prior to 12-13-82)
5. Federal Estate Tax Retum ReqUired
C=> 4. limited Estate
c::,) 4a. Future Interest Compromise (date of
death after 12-12-82)
_ 7. Decedent Maintained a living Trust
(Attach Copy ofTrust)
c::,) 10. Spousal Poverty Credit (date of death c::,) 11. Election to tax under Sec. 9113(A)
between 12-31-91 and 1-1-95) (Attach Sch. 0)
CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
Name Daytime Telephone Number
c::,)
_ 6. Decedent Died Testate
(Attach Copy of Will)
c::,) 9. litigation Proceeds Received
i
8. Total Number of Safe Deposit Boxes
8el!./\/1I L D
Finn Name (If Applicable)
~
JA.ul!I?.A-'1
rrr
'7l, 13, Cf1fs ~
l s FA I!.M
NoClS Ii:
LAN-t:..
REGISTER OF WILLS ~ ONLY
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First line of address
Second line of address
-
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CA M. P Ji ILL
P Jl
l 1 0
{ 1930.3
- ~I 1..0
. )1,.11: FILED . .
.;;.~~ e11
.;:-
City or Post Office
State
ZIP Code
Correspondent's e-mail address:
Under penalties of petjury, I declare that I have examined this return, including accompanying SChedules and statements, and to the best of my knowledge and belief,
it is true, correct and complete. Declaration of preparer other than the peISOIlal representative is based on all infonnation of which preparer has any knowledge.
SIGNATURE PERSON RE I R FILING RETURN DATE 1
(() :;)...1
ADDRESS
(5 J:"'o...~ l-I CU~ LAI'e- Catwp Hd.'
SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE
eA
lioll-i 303
DATE
ADDRESS
PLEASE USE ORIGINAL FORM ONLY
Side 1
L
15056041046
15056041046
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15056042047
REV-1500 EX
M,. LV," n', !\ooe~
t4. U yo t" tlAj
Decedent's Name:
RECAPITULATION
1. Real estate (Schedule A). .........................................;..
2. Stocks and Bonds (Schedule B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
;3.. Closely Heid-Corporation, Partnership or SoIe-Proprietorship (Schedule C).... .~.
4. Mortgages & Notes Receivable (Schedule D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) . . . . . . . .
6. Jointly Owned Property (Schedule F') c;:::) Separate Billing Requested . . . . . . .
7. Inter-Vivos Transfers &.Miscellaneous Non-Probate Property
(Schedule G) c;:::) Separate Billing Requested. . . . . . . .
8. Total Gross Assets (total Lines 1-7). . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . .. . .
Decedenfs Social Security Number
\. ~3 \ (" t Ot:t 0
1. .
2. \ 2'1.~ a~o 0
:3. .
~ .....
4. .
5. q~ \ b.1I 0
6. .
7. .
8. \ ( 0 Lt 0 1f.1t 0
9. 4. \ S .0 0
9. Funeral Expenses & Administrative Costs (Schedule H). . . . . . . . . . . .. . . . . . . . .
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I). . . . . . .. , . . . . . . . 10.
11. Total Deductions (total Lines 9 & 10)...................................11.
12. Net Val~. of Estate (Line 8 minus Line 11) . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 12.
13. Charitable and Govemmental Bequests/See 9113 Trusts for which
an election to tax has not been made (Schedule J) . . . . . . . . . . . . . . . . . . . . . . .. 13.
14. Net Value Subject to Tax (Line 12 minus Line 13) . . . . . . . . . . . . . . . . . . . . . . . . 14.
fo ~ 4. i ~
6 . 9sct.1 y
IO"34~C.z...
5000.00
\ c> '1 3~ c.f . {'2-
TAX COMPUTATION - SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 taxable
at the spousal tax rate, or
transfers under Sec. 9116
(a)(1.2) X .0_
16. Amount of Line 14 taxable
at lineal rate X.O q S
17. Amount of Line 14 taxable
at sibling rate X .12
18. Amount of Line 14 taxable
at collateral rate X .15
.
'1foCl5.S\
.
.
19. TAX DUE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
Side 2
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15056042047
15.
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16.
l.{ ~ q 5.$ \
17.
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18.
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4 t. q S'.4$
c::>
15056042047
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REV-1500 EX' Page 3
Decedent's Complete Address:
File Number
DECEDENT'S NAME
t--\. \Aft ~ +-..e d- N.. lA-tTGAf -------- ------
STREET ADDRESS J
~2tt L\ s bu.r't"\ Q 00 tI-
A-.po ~ ~ i''t:.. '2..4 \
CITY CQrv...v> 14\ \\ I STATE Pit I ZIP
17 oil
Tax Payments and Credits:
1. Tax Due (Page 2 Une 19) (1) 1>
2. CreditslPayments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
~,~G\ S.SI
Total Credits ( A + B + C ) (2)
-
3. InterestJPenaIIy if applicable
D.lnterest
E.Penalty
TotallnterestJPenally ( 0 + E ) (3)
4. If line 2 is greater than Une 1 + line 3, enter the difference. This is the OVERPAYMENT.
Fill in oval on Page 2, Une 20 to request a refund. (4)
5. If Une 1 + line 3 is greater than line 2, enter the difference. This is the TAX DUE. (5)
-
4f, (oqS.S'
A. Enter the interest on the tax due. (SA)
-
B. Enter the total of line 5 + SA. This is the BALANCE DUE. (58)
'-t1 bqS.S \
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred;.......................................................................................... 0 ~
b. retain the right to designate who shall use the properly transferred or its income; ............................................ 0 I2il
c. retain a reversionary interest; or.......................................................................................................................... 0 ~
d. receive the promise for life of either payments, benefits or care? ...................................................................... 0 ~
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration? .............................................................................................................. 0 21t
3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? .............. 0 I:H
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate properly which
contains a beneficiary designation? ........................................................................................................................ 0 [J::
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse
is three (3) percent (72 P.S. ~116 (a) (1.1) (i)).
For dates of death on or after January 1, 1995. the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent
[72 P.S. ~9116(a) (1.1) (ii)l. The statute does not exemot a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and
filing a tax retum are stiR applicable even if the surviving spouse is the only beneficiary.
For dates of death on or after July 1. 2000:
The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an
adoptive parent, or a stepparent of the child is zero (0) percent (72 P.S. ~9116(a)(1.2)].
The tax rate imposed on the net value of transfers to or for the use of the decedenfs tineal beneficiaries is four and one-haif (4.5) percen~ except as noted in
72 P.S. ~9116(1.2) (72 P.S. ~9116(a)(1)).
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent (72 P.S. ~9116(a)(1.3)).Asibling is defined, under
Section 9102. as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
~EV-1503 EX+ (6-98.
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHIDULI B
STOCKS & BONDS
M,. W;n; .c.~~ Hu rt'"'tll.'j
All property joIntIy-oWned with right of survivorship must be dIscIOI8d on Schedule F.
FILE NUMBER
ESTATE OF
ITEM
NUMBER
1.
l( 00 s'-'atc:
DESCRIPTION
VALUE AT DATE
OF DEATH
t-{, c...Y"o.so~.J- G? 30.'2/ shan!.
$ 1'2 "2.. VS_ 00
,
TOTAL (Also enter on line 2. Recapitulation) $ c.).. ~ ~~.. 00
(If more space is needed. insert additional sheets of the same size)
_~a.,.. 'w
COMMOtNIEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DE
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
ESTATEOF
t--\. W' ~', .c~ t-lu Yrtl.j
Include the prooeeds of IIIigation and 1he dat9 the prooeeds were received by the estate. AI pnIpIIty joIntIy-ownecI willi the rtght of survIvorIbIp nut be diKloIed on Schedule F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1. ~'PoS'+ ~,~'" A-nnU\~ \n.$.l.U"CU"'U,. Col'Y\.Ptlt\'j .E B~, o~1. 3'1
FD.E NUMBER
2.
'Otf"OSl+ wt+h \Io.t'~U4rtL
ILl, O'l..'l.. 01
TOT At (Also enter on Una 5. Recapitulation) $ Cf g \ I t c,. Yo
(If more space is needed. insert adciIionaI sheets of the same size)
REV-1511 ex+ (12-99) .
, .
COMMONWEAlTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
ESTATE OF
ITEM
NUMBER
A.
M. W\('\\.c~6- N. u.yrOj
Debts of decedent must be reported on Schedule I.
FILE NUMBER
DESCRIPTION
1.
FUNERAL EXPENSES:
'Pa~bYl s ~ -Ccv t-lo.rv"ortcUl SevV\ Cc. (D<. S-\ep\..f~t{e.~
c.. ~ t'f'a.--\., or-- L.h'f' (A.....e-r H.o rnovt a.Jl H~
~a+-h CD.rt',~.tt.~ ~~ e 1'C{.oO e<<ek
t Ii. ue.-- A. v""0t"' J. \-l ~
~.
3.
B. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Name of Personal Representative(s)
Social Security Nurnber(s)/EIN Number of Personal Representative(s)
Street Address
City
State _ Zip
Year(s) Commission Paid:
2. Attorney Fees
3. Family Exemption: (If decedent's address is not the same as cIalmanfs, attach explanation)
Claimant
Street Address
City
State _ Zip
Relationship of Claimant to Decedent
4. Probate Fees
5. Accountanfs Fees
6. Tax Retum Preparer's Fees
7.
AMOUNT
I' \ 00.00
qo.oo
~;l.&". 00
TOTAL (Also enter on line 9. Recapitulation) $ Lf I 5, 00
Of more space is needed, insert additional sheets of the same size)
R.EY-1512 8(+ (12-03) .
COMMONWEAlTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE UABIU'nES, & UENS
ESTATE OF
t--\. ",".h"H .t .e cf- M u. y r D..lj
FILE NUMBER
ITEM
NUMBER
1.
Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, Including unrelmbursed medical expenses.
VAlUE AT DATE
OF DEATH
Wooel s 'B4At.4"'t\j
DESCRIPTION
sh oop - SUL lobl45
& O. 00
2.
ALl L1 "', vt>> .....s~ c: 0 v"e:L
SloLf..l 5?
TOTAL (Also enter on line 10, Recapitulation) $ ".., If. 7 <8
(If more space is needed. insert additional sheets of the same size)
~EV-15130EX+ (9-00.
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE ,
BENEFICIARIES
ESTATE OF
1.
""'. W\ n i .(~4- t4.u ~"'<<''f
oJ
NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY
TAXABlE DISTRIBUTIONS rmclude outright spousal distributions. and transfers under
Sec. 9116 (a) (1.2)]
8ernard. ~ Nu,,"rGllj nr (So",')
t 1) J=a'l"~ HCUS-L L4^-e.
CQ ~~ '-tl\\ fA nO\ 1-'i303
FILE NUMBER
NUMBER
I
RELATIONSHIP TO DECEDENT
Do Not UstTrust8e(s)
AMOUNT OR SHARE
OF ESTATE
SOl'""
I 000/0
n
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE. ON REV-1500 COVER SHEET
NON- TAXABlE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
t}- 0.'1" ~ ~ 'au ~ C\ \oJ l C- c..~ \0
S S" 1000.00
1.
B. CH ITABLE AND GOVERNMENTAL DISTRIBUTIONS
1. \i-arns~u~ C\\)\C- ~b
TOTAL OF PART n - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON UNE 13 OF REV-1500 COVER SHEET $ 5", 000" ao
(If more space is needed, insert additional sheelS of the same size)
l'
,," _A:
'~..d
REVOCABLE TRUST AGREEMENT
THIS REVOCABLE TRUST AGREEMENT (the "Agreement") made this
~ day of m#' I , 1995" by and among BERNARD J. MURRAY,
JR. and M. WIN F~"kDMURRAY, husband and wife, of 841 Yverdon
Drive, Camp Hi 1, Cumberland County, Pennsylvania (the "Settlors"
and "Trustees") and BERNARD J. MURRAY, It I (individually the
"Successor Trustees") .
WITNESSETH:
WHEREAS, Settlors desire to establish a revocable trust
under the terms and conditions hereinafter set forth; and
WHEREAS, Settlors desire to transfer assets to said trust at
tnis~time.
- NOW, THEREFORE, in consideration of the foregoing premises
and the covenantsand'promise~ herein contained, the parties
hereto, intend1f.lg t.o be l~gal~y bound hereby, agree as follows:
1. TRUST PROPERTY~ Settlors hereby actually and
constructively- transfe.r,.an~ _d~liver to Trustees the property
listed on Schec;lule "A'" attached hereto, which, together with any
additions thereto as':here'inafter provided, shall constitute the
Trust Estate, and shall be held, administered and distributed as
_, provided in this Agreement.
2. TRUST NAME. This Agreement, as from time to time
amended, may be designated the "BERNARD J. MURBAY, JR. and M.
WINIFRED MURRAY REVOCABLE TRUST AGREEMENT DATED JUNE 30, 1995,"
and the initial trust hereby evidenced, as from time to time
amended, may be designated the "BERNARD J. MURRAY, JR. arid M.
WINIFRED MURRAY REVOCABLE TRUST AGREEMENT DATED JUNE 30, 1995."
3. DISPOSITIVE PROVISIONS. Trustees shall invest and
reinvest the Trust Estate and shall distribute the net income
(the "Income'!o) and principal thereof as follows:
A. During Settlors' lifetimes, Trustees shall pay the
Income no less frequently than, quarter-annually to them or for
their benefit" and shall also pay to them such sums from principal
as they may direct in writing: PROVIDED, however that in the
eventofa Settlor's mental or physical incapacity, as certified
to Trustees by said Settlor's personal physician, Trustees shall
expend both-Income and principal to such extent and in such
manner as they in their discretion deem advisable for the welfare
and comfortable support of the incapacitated Settlor during such
period of incapacity. Trustees are specifically authorized, in
the event of such incapacity, to continue the incapacitated
Settlor's pattern of making gifts to individuals and
organizations.
B. Upon the death of first Settlor to die, the
surviving Trustee shall distribute funds from the Trust Estate to
the personal representative of deceased Settlor's estate for the
payment of expenses of the deceased Settlor's estate, including,
without limitation, taxes, funeral expenses, and administrative
expenses.
C. During the lifetime of the surviving Settlor,
Trustees shall pay the income and principal to the surviving
Settlor under the same terms and conditions described in
paragraph 3 A. above.
D. Upon the death of the surviving. Settlor, the
Trustee shall distribute funds from the Trust Estate to the
personal representative of the surviving Settlor's estate for the
payment of expenses for the surviving Settlor's estate,
including, without limitation, taxes, funeral expenses and
administrative expenses.
~
~. -.
E. Upon the death of the surviving Settlor and upon
payment of expenses pursuant to Section 3.D of this Agreement,
Trustee shall distribute the balance of the Trust Estate to our
son, BERNARD J. MURRAY, III.
F. Should the principal of the Trust Estate, in the
sole opinion of the Trustees, be or become too small to warrant
placing or continuing of such fund in trust or should its
administration be or become impractical for any other reason, my
Trustees, in their exercise of their sole discretion, may then
pay such principal absolutely to any beneficiary hereunder or may
place said principal in the name of any beneficiary hereunder in
an interest bearing account in any bank, bank and trust company
or national banking association of her choosing, payable to such
beneficiary.
G. The interest of any beneficiary hereunder,
including a remainderman, in Income or principal, shall not be
subject to assignment, alienation, pledge, attachment or claims
of creditors until after payment has actually been made by
Trustees as hereinbefore provided.
H. Corporate distributions received in shares of the
distributing corporation shall be allocated to principal,
regardless of the number of shares and however described or
designated by the distributing corporation.
4. UNDERAGE BENEFICIARY PROVISIONS. If any beneficiary
who is entitled to receive a share of the principal of the Trust
Estate shall not have attained the age of twenty-one (21) years,
the Trustees are hereby authorized and empowered to continue to
hold and manage such share for the benefit of such person until
he or she attains the age of twenty-one (21) years, and the
Trustees may accumulate all or part of the Income from such
person's share or pay so much thereof, together with such amounts
of the principal of his or her share of the Trust Estate as the
Trustees in their sole and absolute discretion shall deem proper
for his or her health, education, welfare, maintenance and
support. In the disbursement of funds directed to be paid to or
for the use and benefit of any beneficiary who shall not have
attained the age of twenty-one (21) years, the Trustee may, in
their sole and absolute discretion, make payment of the same to
the parent, guardian or such other person, if any, having custody
of the beneficiary who has not yet attained the age of twenty-one
(21) years at the time such payments are made, to be used for the
health, education, welfare, maintenance and support of such
beneficiary, but without liability on the part of the Trustees to
see the application of said payments by the payee, and the
receipt of any such person shall be a full acquittance of the
Trustees as to any amounts so paid, or the Trustees may make
payment of the same directly to or for the benefit of such
beneficiary.
~~ s. POWERS OF TRUSTEE. Except as otherwise specifically
provided herein or as Settlors may direct during administration
of the Trust Estate, Trustees.shall hold and manage all real and
personal property held by them, together with any additions
thereto as hereinafter provided, upon the following terms and
conditions with the following powers and authorities, all in
addition to and not in limitation of those granted by law:
A. To take, hold or retain all or any part of the
Trust Estate hereby created in the form acquired as long as he
deems advisable and to receive all the Income, increments, rents
and profits therefrom.
B. To sell, exchange, partition, lease, option or
otherwise dispose of any property or part thereof, real or
personal, which may at any time form part of this Trust Estate at
public or private sale for such purposes and upon such terms,
including sales on credit with or without security, in such
manner and at such prices as he may determine, including the
right to lease real estate for periods in excess of five years
and for a term expiring after the termination of any trust. In
the event of a sale, exchange, partition or lease of any of the
property of this Trust Estate, there shall be no liability on the
part of the purchase or purchasers to see to the application of
the purchase money, but the same shall be held and disposed of by
such purchase or purchasers, free and clear of any of the
provisions of this Agreement.
C. To continue any investments which may form a part
of this Trust Estate or to invest or reinvest the same in any
property, real or personal, of any kind or nature, including
stocks, bonds, mortgages, other securities and common trust funds
of Trustees without being limited or restricted to investments as
now or may hereafter be prescribed for trustees by the laws of
the Commonwealth of Pennsylvania or any other state.
D. To cause securities which may from time to time
comprise any part of this Trust Estate to be registered in their
names as Trustees or in the name of any nominee or to take and
keep the same unregistered and retain them or any part thereof in
such condition that they will pass by delivery without disclosing
the fact that the property is held in a fiduciary capacity.
E. To make any loans, either secured or unsecured, in
such amounts, upon such terms and such rates of interest and to
such persons, firms, or corporations as they deem advisable, and
to pay over to the Executor or Administrator of a Settlor's
estate such sums as may be required for the purpose of the
payment of taxes, debts and administration expenses.
F. To retain the principal or corpus or any part
thereof of this Trust Estate in the form of cash.
G. To borrow money for any purpose in connection with
~the administration of this Trust Estate; execute promissory notes
or other obligations for the amounts so borrowed and secure the
payment of any amount so borrowed by mortgage or pledge of any
real or personal property which may at any time form a part of
this Trust Estate.
H. To vote, in respect to any securities which may at
any time form a part of this Trust Estate, upon any proposition
or election at any meeting and to grant proxies, discretionary or
otherwise; vote at any such meeting; to join in or become a part
of any reorganization, readjustment, merger, voting trust,
consolidation or exchange and to deposit any such securities with
any committee, depositary, trustee or otherwise and to payout of
this Trust Estate -any fees, expenses and assessments incurred in
connection therewith and to charge the same to principal or
Income as he may see fit; to exercise conversion, subscription or
other rights, or to sell or abandon such rights and to receive
and hold any new securities issued as a result of such
reorganization, readjustment, merger, voting trust,
consolidation, exchange, or exercise of subscription, conversion
or other rights; and generally take all action in respect to any
such securities as he might or could do as absolute owner
thereof.
I. To retain or purchase policies of life insurance,
to pay premiums thereon from Income or principal and to exercise
all rights of ownership thereover.
J. In their discretion to allocate to either
principal or Income or between them any and all capital gains and
taxes which they may be required to pay on behalf of this Trust
Estate.
K. To divide or distribute, whenever it is required
or permitted, this Trust Estate; to make such division or
distribution in kind or in money, or partly in kind and partly in
money: and that for such purposes the jUdgment of Trustee as to
the value of the different items shall be conclusive and final
upon the beneficiaries.
L. To hold and administer the Trust Estate created
hereby in one or more consolidated funds in whole or in part in
which the separate Trust Estate shall have an undivided interest.
M. To determine, in connection with making
investments, whether to amortize premiums in whole or in part.
N. To engage attorneys, investment counsel,
accountants, agents and such other persons as he may deem
advisable in the administration of this Trust Estate and to make
such payments therefor as they may deem reasonable and to charge
the expenses thereof to Income or principal as they may determine
and to delegate to such persons any discretion which he may deem
proper. Trustee shall not be liable for any negligence, omission
9X wrongdoing of such counselor agents, providing reasonable
care was exercised in their selection.
.
o. Should the principal or Income of the Trust Estate
be payable to any person as to whom Trustee has actual knowledge
of a court adjudication of incompetency, or who Trustees, in
their discretion, determines is unable to act effectively on
their own behalf in financial matters, to use such principal or
Income for the benefit of such beneficiary, including, but not
limited to, the right to pay premiums for life, health, accident
and any other insurance.
P. To effect direct deposit of any retirement
benefits, Social Security benefits, or other regular monthly
payments into accounts maintained for the benefit of Settlors.
6. TRUSTEES.
A. During Settlors' lifetimes and so long as both
Settlors are mentally and physically competent, both Settlors
shall act as Trustees. In the event of a Settlor's mental or
physical incapacity, as certified by said Settlor's personal
physician, or upon a Settlor's death, the surviving Settlor shall
act as Trustee. Upon the incapacity or death of the surviving
Settlor, Settlors appoint their son, BERNARD J. MURRAY, III, to
act as Successor Trustee. For the purpose of this Agreement, any
reference to Trustees shall be deemed to include any Successor
Trustee, who without court order or act of transfer, shall have
all the title, power, and discretion granted to the original
Trustees.
B. The powers granted in Section 5 of this Agreement
shall be in addition to those granted by law and may be exercised
even after termination of this trust until actual distribution of
the Trust Estate, but not beyond the period permitted by any
applicable rule of law relating to perpetuities.
c. To the extent that such requirements can legally
be waived, no Trustees hereunder shall ever be required to give
bond or security as Trustees, or to qualify before, be appointed
by, or account to any court, or to obtain the order or approval
of any court respecting the exercise of any power or discretion
granted in this Agreement.
D. Trustee's exercise or non-exercise of powers and
discretions in good faith shall be conclusive on all persons. No
person paying money or delivering property to any Trustees
hereunder shall be required or privileged to see to its
application. The certificate of Trustees that Trustees are
acting in compliance with this instrument shall fully protect all
persons dealing with Trustees.
7. COMPENSATION AND RESIGNATION OF TRUSTEES.
A. Trustees shall be entitled to receive compensation
from time to time over the period during which their services are
performed, but not in excess of such compensation as would be
approved by a court of competent jurisdiction. During Settlors'
lifetimes, such compensation shall be charged wholly against
Income, unless Settlors directs otherwise in writing.
B. Trustees may resign at any time by written notice
to Settlors or any other beneficiary of the trust.
8. RIGHTS OF SETTLORS.
A. Settlors or others may add to the Trust Estate, by
Will, inter vivos transfer or beneficiary designation, cash or
such property in kind as is acceptable to Trustees.
B. The Settlors reserve the right to revoke this
Agreement at any time, in whole or in part, by written notice
delivered to Trustees during Settlors' joint lifetimes. The
surviving Settlor shall have the right to revoke, in whole or in
part, this Agreement by written notice to the Trustee. Upon the
death of the surviving Settlor, the Trust and its terms and
conditions shall become irrevocable.
C. The Settlors further reserve the right to amend
this Agreement at any time by a proper instrument in writing,
executed by the Settlors, delivered to Trustees during Settlors'
joint lifetimes and accepted by Trustees. The surviving Settlor
shall have the right to amend this Agreement in whole or in part
at any time by a proper instrument in writing delivered to the
Trustee. Upon the death of the surviving Settlor the trust and
its terms and conditions shall not be subject to amendment or
modification.
D. If Settlors designate Trustees as beneficiary of
the proceeds of any policies of insurance on their life, the duty
and responsibility for the payment of premiums and other charges
on such policies during Settlors' lifetime shall rest solely upon
them, unless they shall expressly direct Trustees in writing to
pay the same from Income or principal: otherwise, the only duty
of Trustees shall be the safekeeping of such policies as are
deposited with them, and Trustees shall be under no duty to
notify Settlors that any such premium or other charge is due and
payable. All options, rights, privileges and benefits
exercisable by or accruing to Settlors during their lifetime by
the terms of the policies shall be for their sole benefit and
shall not be subject to this Agreement: Settlors agree, however,
not to exercise any options whereby the proceeds would be payable
to Trustees other than in one sum. Upon the written request of
Settlors, Trustees shall execute and deliver such consents and
instruments as may be requisite to enable Settlors to exercise or
avail themselves of any option, right, privilege or benefit
granted by any of the policies. Upon Settlors' death, or at such
later time as may be specified in the policies, the net proceeds
-c"f any pol icies then payable to Trustees hereunder shall be
collected by Trustees: the receipt of Trustees for such proceeds
shall release the insurance cOmpanies from liability on the
policies, and the insurance companies shall be under no auty to
see to the application of such proceeds. Trustees may take all
steps necessary in her opinion to enforce payment of said
pOlicies and shall be entitled to indemnify themselves out of any
property held hereunder against all expenses incurred in taking
such action.
E. Settlors may also designate Trustees as
beneficiary of certain employee death benefits. In such case,
Trustees shall collect the proceeds receivable therefrom upon
Settlors' death and hold them as part of the Trust Estate. The
receipt of Trustees for such proceeds shall be a full acquittance
to the administrators of such benefits, and said administrators
shall not be liable to see to the application of such proceeds.
To the extent that such proceeds are not included in Settlors'
estate for federal estate tax purposes, they shall not be used
for the payment of death taxes or any administration expenses of
her estate. Trustees may select any option available to him as
to the time and method of payment of such proceeds and may also
exercise any option with respect to the income or death taxes
thereon as they in their discretion deem advisable, and their
decision in these matters shall be binding upon, and shall not be
subject to question by, the beneficiaries.
9. INTERPRETATION. Wherein used in this Agreement the
masculine shall be deemed to refer to and include the feminine.
10. APPLICABLE LAW. This Agreement has been delivered to
and accepted by Trustees as hereinafter provided in the
Commonwealth of Pennsylvania and shall be governed in all
respects by the laws of the Commonwealth.
.
11. ACCEPTANCE BY TRUSTEBS AND SUCCESSOR TRUSTEES.
Trustees signify their acceptance of the Trust Estate created
hereby and acknowledges (unless otherwise noted in writing) that
he has received this day from Settlors the property listed on
Schedule "A," attached hereto and made a part hereof by
reference. Trustees and successor Trustees agree that they will
use the Trust Estate and dispose of the proceeds thereof upon and
subject to all and singular the trust, terms and provisions set
forth in this Agreement.
IN WITNESS WHEREOF, Settlors and Trustees have hereunto set
their hands and seals the day and year first above written.
WITNESS:
WITNESS:
SETTLORS AND .TRUSTEES:
~l~
J?,.)cJ~ >>U"J~_~
M. WINIF D MURRAY 0
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
)
) ss:
)
COUNTY OF DAUPHIN
On this, the :?O~ day of ~ ' 1995, before me a
Notary Public, the undersigned officer, personally appeared
BERNARD J. MURRAY, JR. and M. WINIFRED MURRAY, known to me, or
satisfactorily proven, to be the persons whose names are
subscribed to the within instruments, and acknowledged that they
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I
he~eU~Y hand a
NOTARY PUBLIC
seal.
-
NOTARIAl SEAL .
cw::e;. ~~Eg~u:~~~o~~~:C999
My com~~slon ~~:~o. J
WITNESS:
SUCCESSOR TRUSTEES:
;tIn -f, ~~ ~Av
b~~ . lk!
BE ARD J. , 111
NOTARIAL SEAL
lINOAM. GENSlER, Notary Public
Harrisburg, Dauphin CountY
My Commission Expires March 21>, 1998
"....
~
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
)
) ss:
)
COUNTY OF DAUPHIN
On this, the (p ~ day of ()A',( fu~, 1995, before me
a Notary Public, the undersigned o~er~ersonallY appeared
BERNARD J. MURRAY, III, known to me, or satisfactorily proven, to
be the person whose name is subscribed to the within instrument,
and acknowledged that he executed the same for the purpose
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
~:f~
LINDA M. GENSLE~. Notary Public
Harrisburg, Oauphhl County .
My Commission Expires March 28. 1998
'" .
j
The First Amendment
to the
Bernard J. Murray, Jr. and M. Winifred Murray
Revocable Trust Agreement Dated June 30, 1995
On June 30,1995, we, Bernard J. Murray, Jr. and M. Winifred Murray, signed the
Bernard J. Murray, Jr. and M. Winifred Murray Revocable Trust Agreement, more formally
known as:
Bernard J. Murray, Jr. and M. Winifred Murray, Trustees, or their
successors in trust, under the Bernard J. Murray, Jr. and M. Winifred
Murray Revocable Trust Agreement dated June 30, 1995, and any
amendments thereto.
Pursuant to paragraphs 8. B. and C. of our Revocable Trust Agreement, which
permits us to amend our Agreement in writing at any time, we now wish to amend our
Agreement as follows:
Paragraph 3. E. our Revocable Trust Agreement is hereby revoked in its entirety;
and amended as follows:
E. Upon the death of the surviving Settlor and upon payment of
expenses pursuant to Section 3.0 of this Agreement, Trustee shall distribute the balance
of the Trust Estate to our son, BERNARD J. MURRAY, III, provided he survives our death
by thirty (30) days. If he does not so survive, Trustee shall distribute the balance of the
Trust Estate to such of the following beneficiaries:
1. Ten Thousand and No/100 ($10,000.00) Dollars to the CIVIC CLUB
OF HARRISBURG, to be used for whatever purposes its governing body deems
appropriate; and
,
,
,
2. The rest, residue and remainder to the MASONIC MUSEUM,
Concord, Massachusettes, to be used for whatever purposes its governing body
deems appropriate.
.'" All other articles are hereby ratified and confirmed.
I executed this amendment on July 18, 1995
I certify that I have read the foregoing amendment to my revocable living trust
agreement, and that it correctly states the changes I desire to make in my trust. I
approve this amendment to my revocable living trust in all particulars, and request my
Trustee to execute it.
~.~~~
Bernard . urray, Jr.
Trustmaker
>>to HJ~J ~/
M. Winifred urray {)
Trustmaker
~ . /)
I
f
vA
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
: SS
COUNTY OF DAUPHIN
The foregoing amendment to the Bernard J. Murray, Jr. and M. Winifred Murray
Revocable Trust Agreement was acknowledged before me on July 18. 1995 ,by
Bernard J. Murray, Jr. and M. Winifred Murray, as Settlors and Trustees.
~!'1ess my hand and official seal.
My commission expires:
Notar Publi
NOTARIAL SEAL
.G ONNIE L REESE, Notary Public J
Hersh.ey, PA Dauphin County
~ My CommIssion EXPires~ay 10.1999 J
,. .,
The Second Amendment
to the
Bernard J. Murray, Jr. and M. Winifred Murray
Revocable Trust Agreement Dated June 30, 1995
(Q1@
~;p.
i
On June 30, 1995, we, Bernard 1. Murray, Jr. and M. Winifred Murray, signed the
Bernard 1. Murray, Jr. and M. Winifred Murray Revocable Trust Agreement, more formally
known as:
Bernard 1. Murray, Jr. and M. Winifred Murray, Trustees, or their successors in trust,
under the Bernard J. Murray, Jr. and M. Winifred Murray Revocable Trust Agreement
dated June 30, 1995, and any amendments thereto
On July 18, 1995, we signed the First Amendment to the Bernard J. Murray, Jr. and M.
Winifred Murray Revocable Trust Agreement dated June 30, 1995.
Pursuant to paragraphs 8.B. and C. of our Revocable Trust Agreement, which permits us
to amend our Agreement in writing at any time, we now wish to amend our Agreement as
follows:
1. Paragraph 3.E. of our Revocable Trust Agreement, as amended on July 18, 1995,
is hereby revoked in its entirety and amended as follows:
E. At our deaths, our Trustee shall make the following specific distributions:
1. Upon the death of the wife Settlor, our Trustee shall distribute Five
Thousand and Noll 00 ($5,000.00) Dollars to THE CIVIC CLUB OF
HARRISBURG, 612 North Front Street, Harrisburg, Pennsylvania;
r ,
.
2. Upon the death of the husband Settlor, our Trustee shall distribute
Five Thousand and No/lOO ($5,000.00) Dollars to the MASONIC MUSEUM,
Concord, Massachusetts.
3. Upon the death of the surviving Settlor, our Trustee shall distribute
the balance of the trust estate to our son, BERNARD J. MURRA Y, III. If
BERNARD J. MUR.RA. Y, III, should die before the complete distribution of the
trust estate, our Trustee shall distribute the balance of the trust estate to
BERNARD J. MURRAY, Ill's, spouse, PAMELA FLEET MURRAY, provided
they are married at the death of our son. If PAMELA FLEET MURRAY is not
living at the time of such distribution, our Trustee shall distribute the balance of
the trust estate, in equal shares, to PETER SANDERS and DEBORAH
SANDERS, the surviving children of PAMELA FLEET MURRAY, so long as
PAMELA FLEET MURRAY and BERNARD 1. MURRAY, III, were married
and living together at the death of the fIrst of them to die. If our son should die
before the complete distribution of our trust estate and our son was not married to
PAMELA FLEET MURRAY at the death of our son, our Trustee shall distribute
the balance of the trust estate to the MASONIC MUSEUM, Concord,
Massachusetts, to be used for whatever purposes its governing body deems
appropriate.
2. We hereby amend Paragraph 5, POWERS OF TRUSTEE, by adding the
following Paragraph 5.Q.:
,
Q. Notwithstanding any other limitations or restrictions placed upon the
powers of the Trustee, the Trustee is expressly authorized to enter into a Customer
Account agreement with any duly registered futures and COmmission merchant,
chosen by the Trustee, for the purpose of purchasing and selling commodity
futures contracts and options on commodity futures contracts, and related
commodity trading business.
The futures commission merchant so chosen shall not have a fiduciary
duty with respect to the Settlor(s), to the Trustee(s), to the named or contingent
beneficiaries herein, nor tot heir heirs, appointees, successors, or assigns, other
than a duty of reasonable business conduct in the course of performing its duty as
broker under the applicable Customer Account Agreement.
The undersigned Settlor(s) hereby agree(s) to indemnify, defend, save, and
hold free and harmless the chosen broker for any losses resulting from breach by
the Tmstee(s) of any fiduciary duty or contractual obligation which may be owed
to the beneficiaries or to the parties in interest in this account.
This enUmeration of specific authority shall not in any way limit or affect
any other authority which any Trustee(s) might otherwise have.
3. All other articles are hereby ratified and confirmed.
We executed this Second Amendment on AUG 1 9 1998
I
f
We certify that we have read the foregoing amendment to our revocable living trust
agreement, and that it correctly states the changes we desire to make in our trust. We approve
this Second Amendment to our revocable trust agreement in an particulars and request our
Trustee(s) to execute it.
4dA' t-~.1-f
Bernard 1. urr, Jr.
Settlor
?h 2,/ --~t-1 ~ ./'
M. Winifre Murray r
Settlor
r
.
ACKNOWLEDGEMENT
COMMONWEAL TH OF PENNSYL VANIA
COUNTY OF DAUPHIN
SS
The foregoing Second Amendment to the Bernard 1. Murray' Jr. and M. Winifred Murray
Revocable Trust Agreement was acknowledged before me on AUG 1 9 1998 , by Bernard J.
Murray, Jr. and M. Winifred Murray, as Settlors and Trustees.
Witness my hand and official seal.
My commission expires:
t~ c/ ~~~
Notary Public
Notarial Seal
Unda L. Fetterhoff, Notary Public
Deny Twp.. Dauphin County
My Commission Expires Nov. 8, 1999
limber, ,-vt]nsylvam;; As'SMillt on of Notaries
THE THIRD AMENDMENT TO
THE BERNARD J. MURRAY, JR. AND
IVI. WINIFRED MURRAY REVOCABLE TRUST
AGREEMENT DATED JUNE 30, 1995
On June 30, 1995, BERNARD J. MURRAY, JR. and M. WINIFRED
MURRAY, signed the BERNARD J. MURRAY, JR. AND M. WINIFRED
MURRAY REVOCABLE TRUST, as Settlors, more formally known as
BE&~PuT{D J. ~ruRRA Y, JR. and M. 'WIN1FRED :MURRA Y, Trustees, or
their successors in trust, under the BERNARD J. MURRAY, JR. AND M.
WINIFRED MURRAY REVOCABLE TRUST dated June 30, 1995, and
any amendments thereto
On July 18 1995, the Settlors signed a First Amendment to the BERNARD
J. MURRAY, JR. AND M. WINIFRED MURRAY REVO~ABLE TRUST dated
June 30, 1995.
On August 19, 1998, the Settlors signed a Second Amendment to the
BERNARD J. MURRAY, JR. AND M. WINIFRED MURRAY REVOCABLE
TRUST dated June 30, 1995.
On April 9, 2001, BERNARD J. MURRAY, JR. died, leaving M.
WINIFRED MORRAY as the sole Successor Trustee.
Pursuant to t..'Ie right reserved under Paragraph 8 B and C of the original trust
agreement referred to above which allows the surviving Settlor to amend the
Revocable Trust in writing at any time, I hereby amend our Revocable Trust
Agreement as amended on July 18, 1995, and August 19, 1998, in the following
respects:
1. Paragraph 3 E. of the Revocable Trust Agreement as amended on August
19, 1998, is hereby revoked in its entirety and amended as follows:
E. Upon the death of the second to die of the Settlors, the Trustee shall
make the following specific distributions:
~',.
I
1. Upon the death of the wife Settlor, the Trustee shall distribute
Five Thousand and Noll 00 ($5000.00) Dollars to THE CIVIC
CLUB OF HARRISBURG, 612 North Front Street, Harrisburg,
Pennsylvania. If the CIVIC CLUB OF HARRISBURG is no
longer in existence upon the death of the wife Settlor, this gift
shall lapse.
2. Upon the death of the surviving Settlor, the Trustee shall
distribute the balance of the trust estate to our son, BERNARD J.
MORRAY, III. If BERNARD J. MURRAY, III, should fail to
survive the death of the surviving Settlor or should die before the
complete distribution of the trust estate, the Trustee shall
distribute the balance of the estate to BERNARD J. MURRAY,
Ill's spouse, PAl-IIELA FLEET MUR.~ Y. IfP AMELA
FLEET MURRAY is not living at the time of such distribution,
the Trustee shall distribute the balance of the trust estate, in equal
shares, to PETER SANDERS and DEBORAH PAGE
SANDERS.
I confirm and readopt the remaining provisions of the original Trust
. .
Agreement as amended on July 18, 1995, and August 19, 1998, reserving to myself
the rightto amend further that Trust Agreement, the First Amendment to the Trust
Agreement, the Second Amendment to the Trust Amendment, and this Amendment
thereto.
Dated: ----?J~UA 3 f
d
,2001.
'~- 2<.' ~~ )ru~-,>
M. WINIFiED MORRAY, {J
Settlor and Successor Trustee
2
~. "
COI\1J.VIONWEALTH OF PENNSYLVANIA)
)
COUNTY OF DAUPHIN )
We, ~cl\'rT. CftILd and ~CLv'1f?- f, S~(..e-(
the witnesses whose names are signed to the attached or foregoing instrument, being
dilly qualified according to law do depose and say that we were present and saw the
settlor sign and execute the instrument as the Third Amendment to her Revocable
Trust; that the settlor signed willingly and executed it as her free and voluntary act
for the purposes therein expressed; that each subscribing witness in the hearing and
sight of the settlor signed the instrument as a witness; and that to the best of our
knowledge the settlor was at that time eighteen or more years of age, of sound mind
and under no constraint or undue influence.
d(jl 1 t
''1Ig (; A2-Vof. ,
C'0-4 E. fk~
I, M. WINIFRED MURRAY, settlor, 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 the Third
Amendment to my Revocable Trust; that I signed it willingly; and that I signed it as
a free and voluntary act for the purposes therein expressed.
, ,), '(1 >. 'Y.rL
)1'1, U, .4:--r~''< ~~z.--Q"
M. WINIFRED MURRAY
Subscribed and sworn to and acknowledged before me by M.
WINIFRED MURRAY, the settlor, and subscribed and sworn to before me by
\<e" --(' l \..- C ~
\\'-i \. '- [He , and ...DuLLQ. +-:. _-11. ((I {If(witnesses, on rEA 3i
I '
2001. o...l
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.j
~.
c . 1-.: c l._L ,-.r_..~.--
Notary Public
Notarial Seal
Susan E. Lederer, Notary Public
Harrisburg, Dauphin County
My Commission Expires May 3. 2004
.1'
:
LAST WILL AND TESTAMENT
OF
M. WINIFRED MURRAY
I, M. WINIFRED MURRAY, having my legal residence at 841
Yverdon Drive, Camp Hill, Pennsylvania, do hereby declare this to
be my Last Will and Testament, revoking all other Wills and
Codicils heretofore made by me.
ITEM ONE: I direct that all my just debts and the
expenses of my last illness and funeral be paid from my estate as
soon as practicable after my death.
ITEM TWO: Except as I may leave a Memorandum listing
some of the items of my tangible personal property which I wish
certain persons to have and request that my wishes as set forth
in the memorandum be observed by my Executor, I give all the
tangible personal property that I own at my death, including any
household furniture and furnishings, books, pictures, jewelry,
art objects, hobby equipment and collections, wearing apparel,
and other articles of household or personal use or ornament, to
BERNARD J. MURRAY, JR. (limy spouse") and except as I may
prescribe in a Memorandum, if my spouse is living on the
thirtieth day after the date of my death, or, if my spouse is not
then living, to such of my children as are living on the
thirtieth day after. the date of my de?r~. in ~nares of
sUbstantially equal value, to be dlvided in such manner as they
shall agree.
ITEM THREE: I give all of the residue of my estate, of
whatsoever nature and wheresoever situate, to the Trustee named
in the BERNARD J. MURRAY, JR. AND M. WINIFRED MURRAY REVOCABLE
TRUST AGREEMENT DATED JUN~ 30, 1995, TO HOLD IN TRUST on the
terms and conditions specified in such Agreement on the date of
this Last Will and Testament, with like effect as if such terms
and conditions were set forth herein verbatim.
?tJ?11
~/.3;)"9.~'
ITEM FOUR: If any such descendant of mine has not
reached legal age under the law of the jurisdiction in which that
descendant is domiciled at the time of distribution under this
Will, then distribution of his or her share shall be made instead
to my Executor, as custodian for that descendant under the
Pennsylvania Uniform Transfers to Minors Act, and all provisions
of that Act as they exist at the time of this Will shall apply to
the distribution. If necessary for legal transfer to that
custodian, my Executor shall convert the assets in that
descendant's share to cash or securities.
ITEM FIVE: I appoint my husband, BERNARD 3. MURRAY, JR.,
-my Executor. If he is unable or unwilling to continue, I appoint
my son, BERNARD J. MURRAY, II~, my Executor. I give to my said
Executor, in addition to the authority conferred by law, the
power to sell any or all of my personal and real property at
public or private sale, at such time and for such price and upon
such terms and conditions as it may see fit, or in its discretion
to retain the same for distribution in kind, and the power, but
not the duty, to invest any cash without being limited to "legal"
investments. No bond shall be required of any fiduciary
hereunder in any jurisdiction. No fiduciary hereunder shall have
any liability for any mistake or error of jUdgment made in good
faith.
ITEM SIX: A. Subject to the provisions of paragraph B of
this ArtiCle, all estate and inheritance taxes (including
interest and penalties, if any), together with all administration
expenses, payable in any jurisdiction by reason of my death
(including those taxes and expenses payable with respect to
assets which do not pass under this my Last Will and Testament)
shall be paid out of and charged generally against the principal
of my residuary estate, without apportionment. I waive any right
of reimbursement for, recovery of, or contribution toward the
payment of those taxes and administration expenses, except my
-2-
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(../doJ9~
..
executor shall, to the maximum extent permitted by law, seek
reimbursement for, recovery of, or contribution toward the
payment of federal or state estate tax attributable to property
in which I have a qualifying income interest for life, over which
I have a power of appointment, or which is included in my gross
estate by reason of Section 2036 of the Internal Revenue Code of
1986, as from time to time amended ("Code"), and which tax is not
otherwise paid or payable. Any generation-skipping tax resulting
from a transfer occurring under this will shall be charged to the
property constituting the transfer in the manner provided by
applicable law.
B. If the taxes and administration expenses directed to be
paid out of my residuary estate, together with (i) my legally
enforceable debts, including debts owed by me to a trustee
individually, except debts which are an encumbrance on real
property, and (ii) the expenses of my last illness and funeral,
exceed the value of the cash and readily marketable assets of my
residuary estate, as determined by my executor (after taking into
account all reimbursements for, recoveries of, and contributions
toward taxes which my executor is directed to seek pursuant to
paragraph A of this Item Five), my executor shall so certify the
amount of that excess to the acting trustee or trustees of that
certain trust referred to in Item Three of this my Last Will and
Testament which provides for the payment of that excess, and my
executor shall enforce recovery of the certified amount to the
extent the trustee shall not payor provide for its payment.
ITEM SEVEN: I realize that Executors and Trustees are
given discretion by law to make various elections which affect
the income and estate taxes payable by estates, trusts and
beneficiaries, as well as the relative shares of beneficiaries,
such as taking administration expenses as deductions for either
estate or income tax purposes, selecting options for the payment
of employee death benefits, electing to take qualified terminable
-]-
"'7-d m
(./~./,.r
.
interest as part of the marital deduction, selecting alternate
valuation dates, postponing the payment of taxes, filing joint
income tax or gift tax returns and redeeming corporate stock.
The decisions made by my fiduciaries in any of these matters
shall be binding upon, and not subject to question by, any
affected personsi PROVIDED, however, that if a corporate
fiduciary is serving, its decision shall also be binding upon any
individual cO-fiduciary. I rely upon my fiduciaries to take into
consideration the total income and estate taxes payable by reason
of their decisions including those payable by my survivors, and
they are authorized in their discretion, but not required, to
make adjustments between income and principal as a result
='-thereof.
IN WITNESS WHEREOF, I have at Hershey, Pennsylvania, this
30~ day of June, 1995 set my hand and seal to this my Last Will
and Testament consisting of five (5) pages.
>>t Hl~ii';' .m..-,~
M. WINI ED MURRAY
( SEAL)
SIGNED, SEALED, PUBLISHED and DECLARED by M. WINIFRED
MURRAY, the above named Testatrix, as and for her Last will and
Testament, in the presence of us, who, at her request and in her
presence, and in the presence of each other, have hereunto
subscribed our names as witnesses.
Residence
.Residence
-4-
H,;.Jm,
t,!J,,!1-t
,
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
:SS
COUNTY OF DAUPHIN
MURRAY, fol!.t:l.r V ~V;g and
, Testatrix and witnesses, respectively,
to the attached and 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 had signed willingly, and that she
executed it as her free and voluntary act for the purpose therein
- .
expressed, and that each of the witnesses, in the presence and
hearing of the Testatrix, signed the will as witnesses and that
to the best of his/her knowledge the Testatrix was at that time
eighteen years of age or older, of sound mind and under no
constraint or undue influence.
We,
~. )J~ft.~ ~<-~5'/
T STATRIX
Subscribed and sworn to and ackn0wledged before me by M.
WINIFRED MURRAY, the Testatrix, and
before me by J:~tt..T ;t? cSev/.$t:3
.
witnesses, on this ~~~ day of
I NOTARIAL SEAL
C~~~W l.pREESE. Notary Public
M c'- ,ey, A Dauphin County
.y ummlsslon Expires May 10. 1999
-5-
1( w 771
/3. /9..s'