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HomeMy WebLinkAbout01-02-08Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Donald L. Adams also known as Jonathan N. Adams Deceased No. iJf~! "~~ "l1~`..11 Social Security No. 200-22-7769 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) ~X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the execut or the Decedent, dated 11~10~2000 and codicil(s) dated None State relevant circumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: wa ca C7 `=' ^ ~ - B. Grant of Letters of Administration -- ~ c___ (c.t.a.; d.b.n.c.t.a; pendente life; durante absentia1~}2r~e mi 'fate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spow~Q~i>? any)~a~nd - _-. ._... ninmc Relatinnshin Resld a •• Jonathan N. Adams Son Mechanicsbur PA=-'° -~ Denise A. Sanders Dau hter New Cumberland, PA (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her last family or principal residence at_ 1700 North Market Street, Camp Hill Borough, Camp Hill, PA 17011 (list street, number, and municipality) Decedent, then 80 years of age, died 1222/2007 at Manor Care Nursing Home , PA (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania situated as follows: $ 80,000.00 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 aoaropriate form to the undersigned: Si ature T ed or tinted name and residence r / GL (~ Jonathan N. Adams j ~/~~ 1220 Cross Creek Drive, Mechanicsburg, PA 17050 named in the last Will of Prepared by the Pennsylvania Bar Association Copyright (c) 1996 form software only CPSystems, Inc. Form RW-1 (1991) Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administe Sworn to or affirmed and subscribed before me this day of C7_ ,..~ ~~: Tl i ~. i ~ ,For the Register f; -- 1 ,`_ _ ~ -. ~ _ ~ . co Estate of Donald L. Adams Deceased Social Security No: 200-22-7769 Date of Death: 12/22/2007 AND NOW, ,~~, in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters ~X Testamentary ~ Of Administration are hereby granted to Jonathan N. Adams in the above estate and that the instrument(s) dated 11/10/2000 (c.t.a.; d.b.n.c.t.a.; pendente life; durante absentia; durante minoritate) described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters . $ t~_~pQ . (~~ Short Certificate(s). $ J •l~ Renunciation. $ Affidavits ( ) $ Codicil. $ JCP Fee . $ ~ U • Uf.~ Inventory. $ Other l~:r,.~,...t .~Y~r~C.,,L tsvr, $ ,~ (~~ Register of Wills - ~ I '~ ~(, ) ,~ Attorney: James Robinson, Es uire I.D. No: 84133 Turo Law Offices Address: 28 South Pitt Street Carlisle, PA 17013 Telephone: 717/245 - 9688 TOTAL. $ p2~$ . Prepared by the Pennsylvania Bar Association Copyright (c) 1996 form software only CPSystems, Inc. Form RHH-~ (1991) ., ,_.. .~ v~'~' r ~~~~^~ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee l~or this certificate, $6.00 P 13990996 Certification Number 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. Local Registrar Date Issued REV 11!2(106 COMMONWEALTH OP PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS PRINT IN ~NM CERTIFICATE OF DEATH (See instructions and examples on reverse) r~ C7 _ _ ; ~ , t.__ I l v ~ `; n -z,. , -, ~ _{_p r .)~~ i N _ ~fi j~ c -~1 ~ 1~+ ~ ~ -~ t t~ ~ , _tJ ~ . CTATF FII F NI IaxRFG 1. Neme d Decedent IFirs6 mirlde, last, suffix) 2. Sex 3. Soda! Security Number 4. Date of Death (Month, dey, year) Donald LaRue Adams lisle 200 - 22 - 7769 December 22, 2007 5. Age (last BirMMay) Untler 1 year Under 1 tle 6. Dale of BiM (Month, ar) 7. &dhplece (CI a1M state orb country) 8a. Place d Death (Check only ale) Norma Days Hgae Minulea Hosphel: Other. 80 Yra. Sept. 9, 1927 Brookville, PA ^ Inpatient ^ ER / Outpatient ^ DOA ~] Nursing Homo ^ Residence ^Other ~ Spacity: fib. County d Death 8c. Ciry, Soro, 7wp. al Death Bd. Fediry Neme (II rwl institldan, glue street and number) 9. Wes Decedent of Hispanic Odgln? ®No ^ Yes 10. Race :American IMiea, BWCk, Whhe, etc. Cumberland East Pennsboro Twp (If yes, speedy Cuban, (Specify) Manor Care Nursing Home Mexicen,PuenoRicen,elo) White 17. Decedent's Usual Bal KiM d work done tlu' moat of warkm Ida. Do not state reM 12. Wes Decedent ever in the 13. Decedent's Education (Speclty only highest grade completed) 14. Mental Slatus~ Martied, Never Martied, 15. Surviving Spouse (II wile, give maitlen name) Kind d Warty Kind of Business I Industry U.S. Armed Fomes? Elementary /Secondary (0-12) Cdlege 11-0 or 5+) Wldowetl, DNOrced (Spem7y) Invento Control Truck Parts Dist. ^Y~ ®Na 12 2 Widowed 16. DecedenYS Meiling Addreae (Street, city! town, stale. zq coda) DecedenYS Did Decedent 1700 North Market Street Actual Rnid«ICe na. sate Pen1~r y1 va*_+ii A uve Ina , 7t. ®ren, Decedent uved m East Pennsboro Tw p C Hill PA 17011 Township! 17b. County Cumberland i7d. ^ No, Decedent Uvetl within , Actual umita d c;ty / era 18. Femer's Name (Fist, mldMe, last au6ix) 19. Mdher's Neme (Flrsl midtlle, maitlen wmama) Flo d Adams Albreta Howell 209. Inlorment'e Name (Type / Pdm) 20b. Inlonront's Meng Addraae (SOn1, df'/ /town, state, zq code) Mrs. Denise A. Sanders 314 15th Street, New Cumberland, PA 17070 21e. Method d Disposition 1 ®Cremetbn ^ Done6on 21b. Date d DispmMian (Momh, day, ynr) 21c. Place of on Noma d camera creme DhpcelU ( ry, f«Y or omer pace) 21d. Localbn (City I town, slate, zip code) ^ Sudal ^ Removal from State ~ Wn CranWbn «Oonetlon Auth«Ized ^ omer.Specily: byMedeelESamin,rfcoronar4 ~Ires^No Dec. 26, 2007 Cremation Society of PA Harrisburg, PA 17109 22a.signea un« service persona' as such) 2m.LiceceeNUnWr 22c.NemeaMAdlknsdFecdity Aner Memorial Home and Cremation Services, Inc. - FD-010694-L 4100 Jonestown Road Harrisbur PA 17109 Canplde Items 23ec «iY wnen cerBlying 23a. To the heal d my k , dnm attuned et the Nme, dale and place stated. (Sgneture and Wle) 23b. License Number 23c. Date Signed (Honor, dey, year! pysiien b nd eveiabb at tine d deem 10 mrurymlwaanm. ~ '7 t 4 ~ ~7~~ ~~/~' ~`' ~%•~ 7 q i .z'..2 ,c'C~G~% Memo 24,28 mist W competed W person h 24. Time of ~ I ~ f 25. Dale Pranounp~eld Geed (Montt!, day, ynry ~ ~ f 26. Was Case Referred to Medical Examiner f Coroner for a Reason 0 r than Crematbn or Donalion7 w o pronawlces deem. L () M. ~ ~li I~Z F. C / ^ Yes ^ No CAUSE OF DEATH (See IxxsMUeNona end exam ) r Approxhnele imerval: Pen IY Enter timer 2B. Ditl TaWcm Use ConlMute to Death? Item 27. Pad I: Enter the chain d evems -diseases, injunea, a complcetbns -mat diredty caused the dnm. W NOT enter terminal evems such as cardiac arrest. t Onset to Deem but not resuMig in me underlying cause gNen in Pad I. ^ Vas ^ Probeby reeprebry arrwl, or ventricular AMAaMm wMhgn showing the etiokgy. List only one cause an each Ilse, 1 1 MAMF dATE CAUSERmI di ase or ~ ^ No ~Unknow., , se mnddian rswlnng in ~aUi) ---~ a. ~- C Lti tF. YV~ Y oCt4)l A r ~ ri L Z'N y:r9 re z'f•, ~n.l 1 2s. a Femab: ^ Due to (or n a consequerlm op: i Nol pregnant Nilhin pest year SegwnaAY Xet mMiti«u. N ary, b. C~ iQC N A {2y N ICy ft iQ y ~) S F fn $ ~ ~ b Mr muse Y,ad on Yne a ^ Pregnnt at time d dnlM . Fsbr UNDEIiLYINO CAUSE Due to (« as a censequerwe oQ. 1 1 Not pregmm, bn pregnant vdlNn 42 days ( «~'~Mu nme t, 1 0~ ) ~ a error Due to (« as a consequence d): i ^ Nol pregnem, but pregnlm 13 days to 1 year d, r r before dnM ^ Unknowm 6 pregnant wlMlin the peat year JOa. Wn en Autopsy 39b. Wem Amopey Flrldnps 31. Marurer d Dnm 32a. Date d Injury (Monet. dey, Year) 32b. Destrbe How Injury Occumd 32c. Place d Injury: Horne, Farm, Street Factory. Perl«nlnl Avalbde Prior to Compbtbn 1~ Nebrel ^ Homicide Olfica &dkkrp, em. (Spea'y) d Cause of Deem? tat ^ Yen ®No ^ Yea ®No ^ Aaitlent ^ Panning Imestlgaaon 32d. Time d Injury 32e. Injury el WorA'! 321. II Trenporlelion Injury (Specly) 32g. Locetlon d Inury ISlxed, dh1 f mwn, state! ^ Suidde ^ Could Nd W Odemined ^ Yea ^ No ^ Drlver /Operator ^ Passenger ^Pedestrien M Omer - Spedty: 33a. Certifier (dledc onry one) 33b. Slgmture and TXb of CenAbr • CadNying phyekbn (Physician mnitying muse d death when endlyar physidan has pralwncetl deem end completed Meet 23) ~ Yx O ~l t ~ ~ To the beet of nyy lmowladq, deem eeeumed due to tW musa(s)eM mender ea ebted-________________________________ ^ - ' ' 'e " ~- • Pronounrdrp end Ixrtkyltp physlcbn (Phyek:bn bdh pmrroundng deem aM mNtyklg to cause d tleeM) Te Ule beat d m knoMed e deem occumtl el th tl d t d l d d t t ^ 3&. Llcenee Number 33d. Dale Signed (Mmm, day, year) y g , e nle, a e, an p ace, an ue o he muw(e) end manner ea etetxL _ _ _ _ _ _ _ _ _ _ _ ______ • M dl lE i yC 8`/L ~( DS 2 i~~ e u um nar oraner On iM Web d exemlrletlon arM / or Inwstl e6on In l b d m tl t th ri d ^ U Oa dECfyn4<`H ~~ o g , my op n n, ee otturte e e me, aeb, sn place, eM due b Ule twce(s) end mender n eteNd- ~. Name ~ ~~ of Person Who Competed Cause of Deem (Item 27) Type / Pnnl R 35 i f ' d ~ r C(w KFL S)A INS kO O eg . stra nature an Nu r ~ I 38. Date Fl (Manor. y, yam) ~~ DispmMion Permit Na. 0093796 ~~.~k ~i11 ~.n~ ~~~x~zln~nt ra C~ ~a c~ ``-~ _ c__. -_~ ~ STATE OF NORTH CAROLINA ~'r ~ ~ COUNTY OF NEW HANOVER `+ ~.. -, ,~-; '- .= ~ --,= - _; ~ _-=~ .. LAST WILL AND TESTAMENT __ .~~ OF cxs DONALD L. ADAMS I, DONALD L. ADAMS, also known as DONALD LARUE ADAMS, of the County of New Hanover, and the State of North Carolina; being married to RUTH W. ADAMS, having two children, being JONATHAN N. ADAMS, and DENISE A. SANDERS; do make, publish and declare this to be my LAST WILL and TESTAMENT; and I hereby revoke all Wills and Codicils heretofore made by me. ARTICLE ONE PAYMENT OF DEBTS AND EXPENSES 1.1. I direct that my funeral expenses, including the costs of a suitable grave marker, and all legal debts allowable as claims against my estate to be paid out of the general funds of my estate. ARTICLE TWO ADMINISTRATION EXPENSES 2.1. I direct that all estate, inheritance, and other death taxes (including interest and penalties, if any) together with the expenses of my last illness and 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. 2.2. I waive any right of reimbursement for, or recovery of those death taxes and administration expenses, except reimbursement for, or recovery of any federal or state estate tax attributable to property in which I have a qualifying income interest for life, or over which I have a power of appointment. ARTICLE THREE DISTRIBUTION OF MY ESTATE 3.1. I give, devise and bequeath unto my wife RUTH W. ADAMS, if she shall survive me, outright in fee simple forever, that elective share of property, be said property be real or personal, tangible or intangible, wheresoever situated and howsoever held, including any property over which I have a power of appointment, that shall be required under North Carolina law at the time of the execution of this MY LAST WILL and TESTAMENT, my Residuary Estate. 3.2. I further give, bequeath, and devise the remainder of my Residuary Estate unto RUTH W. ADAMS, in Trust, if she shall survive me, said Trust to be known as the ""DONALD L. ADAMS TESTAMENTARY SUPPLEMENTAL NEEDS TRUST FOR THE BENEFIT OF RUTH W. ADAMS," to be administered, distributed, and terminated as I subsequently direct in ARTICLES SEVEN, EIGHT, NINE, TEN and ELEVEN of this MY LAST WQ.L AND TESTAMENT OF DONALD L. ADAMS~ji~i~~lK~iG /~ ~• LAST WILL and TESTAMENT. 3.2.3. I declare that the Trust hereby created is irrevocable, and may not be altered, amended or modified. ARTICLE FOUR PRESUMPTION OF SURVIVAL 4.1. If RUTH W. ADAMS, and I shall die under such circumstances that there is not sufficient evidence to determine the order of our deaths, then it shall be conclusively presumed that she predeceased me; and my estate shall be administered and distributed in all respects in accordance with such presumption. 4.2. If either of JONATHAN N. ADAMS, or DENISE A. SANDERS, and I should die in a common disaster or accident, or under such circumstances as to render it doubtful which of us died first, it shall be conclusively presumed that said Beneficiary predeceased me; and my estate shall be administered and distributed in all respects in accordance with such presumption. 4.3. If any other Beneficiary and I should die in a common disaster or accident, or under such circumstances as to render it doubtful which of us died first, it shall be conclusively presumed that said Beneficiary predeceasedme; and my estate shall be administered and distributed in all respects in accordance with such presumption. ARTICLE FIVE FAILURE OF SURVIVAL 5.1. With the exception of certain items of personal property that it is my intent to leave in a Memorandum to this MY LAST WILL and TESTAMENT, if my wife RUTH W. ADAMS shall fail to survive me, I give, devise and bequeath my Residuary Estate unto my children JONATHAN N. ADAMS, and DENISE A. SANDERS such that there shall be given, bequeathed, and devised: 5.1.1. One (1) equal share as is practical unto my son JONATHAN N. ADAMS, and 5.1.2. One (1) equal share as is practical unto my daughter DENISE A. SANDERS. 5.2. If either of my children, JONATHAN N. ADAMS, or DENISE A. SANDERS shall fail to survive me, I give, devise and bequeath that share of my Residuary Estate that said JONATHAN N. ADAMS, or DENISE A. SANDERS should have taken had he/she not failed to survive me, unto his/her natural issue, per stirpes, the share their ancestor would have taken if living. 5.3. If either of JONATHAN N. ADAMS, or DENISE A. SANDERS fail to survive me, not natural leaving issue, I then direct that that share that said JONATHAN N. ADAMS, or DENISE A. SANDERS, and the natural issue thereof, should have taken, had he/she/they not failed to survive me, be given, bequeathed, and devised unto the surviving of JONATHAN N. ADAMS, and DENISE A. SANDERS, or per stirpes, unto any natural issue thereof. 5.4. If all of JONATHAN N. ADAMS, and DENISE A. SANDERS, and the natural issue thereof fail to survive me, I direct that my Residuary Estate shall be given, bequeathed, and devised unto the MESSIAH LUTHERAN CHURCH, of WILMINGTON, NORTH CAROLINA, to be used as it shall see fit. ARTICLE SIX APPOINTMENT OF, AND SPECIFIC POWERS AS TO MY EXECUTOR 6.1. I nominate, constitute and appoint my son JONATHAN N. ADAMS as Executor of this my LAST WILL and TESTAMENT. 6.1.1. If JONATHAN N. ADAMS fails to survive me, or is otherwise unable or unwilling to serve as LAST WE.L AND TESTAMENT OF DONALD L. ADAMSI~)~/j~ ~~ _ Executor, I then nominate and appoint my daughter DENISE A. SANDERS as First Successor Executor of this my LAST WILL and TESTAMENT. 6.1.2. If both of JONATHAN N. ADAMS and DENISE A. SANDERS fail to survive me, or are unable or unwilling to serve as my Executor, then I give the last serving of JONATHAN N. ADAMS and DENISE A. SANDERS the power to appoint a Successor Executor to serve in his/her place. 6.1.3. It is my preference that unless there is be no other suitable choice, that a corporate Executor not be appointed to serve in this capacity. 6.2. Any Successor Executor shall have the same powers, duties, and obligations of the original Executor named herein. 6.3. Absent death, no resignation shall be effective until acceptance by the Successor Executor. 6.4. No Executor of this my LAST WILL and TESTAMENT shall be required to furnish bond, or other security, as Executor. 6.5. No Executor shall be liable for errors of judgement in good faith or for the acts or neglect of preceding Fiduciaries. 6.6. I specifically give any Executor that serves on my behalf authority to appoint an agent within the State of North Carolina to accept service, represent him/her before the courts, and to conduct that business which he/she may not be able to conduct since he/she is not a resident of the State of North Carolina. 6.7. My Executor shall receive no compensation for his/her services as Executor of this MY LAST WILL and TESTAMENT. 6.8. My Executor may receive reasonable reimbursement for the expenses incurred pursuant to his/her duties as my Executor. 6.7.1. My Executor may waive this reimbursement. ARTICLE SEVEN APPOINTMENT OF, AND SPECIFIC POWERS AS TO MY TRUSTEE 7.1. I nominate, constitute and appoint my son JONATHAN N. ADAMS as Trustee of the "DONALD L. ADAMS TESTAMENTARY SUPPLEMENTAL NEEDS TRUST FOR THE BENEFIT OF RUTH W. ADAMS" as it exists under this my LAST WILL and TESTAMENT. 7.2. If JONATHAN N. ADAMS fails to survive me, or is otherwise unable or unwilling to serve as Trustee, I then nominate and appoint my daughter DENISE A. SANDERS as Successor Trustee of the "DONALD L. ADAMS TESTAMENTARY SUPPLEMENTAL NEEDS TRUST FOR THE BENEFIT OF RUTH W. ADAMS." 7.3. If both of JONATHAN N. ADAMS and DENISE A. SANDERS fail to survive me, or are unable or unwilling to serve as my Trustee, I then give the last serving of JONATHAN N. ADAMS and DENISE A. SANDERS the power to appoint a Successor Trustee to serve in his/her place. 7.4. It is my preference that unless there is no other suitable choice, that a corporate Trustee not be appointed to serve in this capacity. 7.5 Absent death, no resignation shall be effective until acceptance by the Successor Trustee. 7.6. Such resignation shall be made by an instrument executed by my Trustee's lifetime in the manner provided for the execution of a deed, or by the term of my Trustee's last MY LAST WILL and TESTAMENT, and any such LAST WII,L AND TESTAMENT OF DONALD L. ADAMS ~• 3 designation shall become effective upon the execution by such Successor Trustee of a writing accepting the duties of the Fiduciary, and without further formality or notice to any party. 7.6.1. Any inter vivos designation of a successor may be revoked by Trustee at any time before it becomes effective. 7.7. Any Successor Trustee so appointed shall have the same powers, duties, and obligations of the original Trustee named herein. 7.8. My Trustee shall receive neither fee nor reimbursement for expenses incurred pursuant to his/her duties hereunder. 7.9. No Trustee of this my LAST WILL and TESTAMENT shall be required to furnish bond, or other security, as Trustee. 7.10. No Trustee shall be liable for errors of judgement in good faith or for the acts or neglect of the preceding Trustee. 7.11. My Trustee shall be required to maintain an accurate accounting with respect to the properties so held and administered for any Beneficiary. 7.11.1. Furthermore, my Trustee shall be required to render annual accounting with respect to the properties so held and administered for any Beneficiary such that it shall be available to any Beneficiary, and or his/her guardian at least upon the first (1st) day of June of each year. 7.11.1.1. Any of said Beneficiary shall have ninety (90) days to contest any of my Trustee's actions. 7.11.1.1.1. Failure to do so shall amount to a waiver of said right. ARTICLE EIGHT GENERAL PROVISIONS AS TO MY EXECUTOR AND TRUSTEE (MY FIDUCIARY) 8.1. I confer upon my Executor, and any Trustee serving under this MY LAST WILL and TESTAMENT all the powers granted to fiduciaries under the laws of the state of North Carolina, and particularly under the statutory provisions contained in Code Section 28A-13-3, and Section 32-27, subject to the restrictions of North Carolina General Statute, Section 32-26, in effect at the signing of this MY LAST Will and TESTAMENT whether my estate is administered in the state of North Carolina or elsewhere. 8.1.1. I incorporate that statute into this agreement by this reference. 8.2. In addition to any powers granted by Law, I give my Executor and Trustee, power, exercisable in the discretion of my Executor and without Court Order, to retain, sell (at public or private sale), exchange, lease for any term (even though commencing in the future, or extending beyond the date of final distribution of my Estate), mortgage, pledge, or otherwise deal for any purpose with the property, real or personal, from time to time comprising my Estate, for such consideration and on such terms (with, or without security) as my Executor shall determine; to borrow money for any purpose, at interest rates then prevailing, from any individual, bank, or other source, irrespective of whether that lender is then acting as an Executor; to invest in any property whatsoever; to compromise or abandon any claims in favor of, or against my Estate; to hold any property in the name of a nominee, or in bearer form; to employ accountants, depositories, attorneys, and agents (with or without discretionary powers); to execute contracts, notes, conveyances, and other instruments, including instrument, containing covenants and warranties binding upon and creating a charge against my Estate, and containing provisions excluding personal liability; to make distributions wholly in cash or in kind, or partly in each; to allot different kinds, or disproportionate shares of property, or undivided interests in property among the Beneficiaries; and to determine the value of any property distributed in kind. 8.2. In addition to any powers granted by Law, I give my Executor and Trustee, power, exercisable in the LAST WQ,L AND TESTAMENT OF DONALD L. ADAMS ~~~~~~ discretion of my Executor and without Court Order, to retain, sell (at public or private sale), exchange, lease for any term (even though commencing in the future, or extending beyond the date of final distribution of my Estate), mortgage, pledge, or otherwise deal for any purpose with the property, real or personal, from time to time comprising my Estate, for such consideration and on such terms (with, or without security) as my Executor shall determine; to borrow money for any purpose, at interest rates then prevailing, from any individual, bank, or other source, irrespective of whether that lender is then acting as an Executor; to invest in any property whatsoever; to compromise or abandon any claims in favor of, or against my Estate; to hold any property in the name of a nominee, or in bearer form; to employ accountants, depositories, attorneys, and agents (with or without discretionary powers); to execute contracts, notes, conveyances, and other instruments, including instrument, containing covenants and warranties binding upon and creating a charge against my Estate, and containing provisions excluding personal liability; to make distributions wholly in cash or in kind, or partly in each; to allot different kinds, or disproportionate shares of property, or undivided interests in property among the Beneficiaries; and to determine the value of any property distributed in kind. 8.3. In addition to the powers granted by law, I authorize my Executor or other legal representatives of my estate and any Trustee serving under this Will: 8.3.1. To accept additions to my estate or to any Trust under my Will from any source. 8.3.3. To acquire the remaining undivided interest in property of my estate or Trust in which my Executor or Trustee, in fiduciary capacity, holds an undivided interest. 8.3.3. To invest and reinvest the assets of my estate or any Trusts created under this Will in securities or in real or personal property, whether within or outside of North Carolina or the United States, without the need for diversification as to kind or amount and without being limited to investments authorized by law for fiduciaries, and more specifically, but not by way of limitation, I authorize and empower such Executor or Trustee to: 8.3.3.1. Invest in discretionary common Trust funds, mutual funds, investment Trusts, unsecured obligations, stocks, bonds, and real estate. 8.3.3.2. Retain as long as such Executor or Trustee deem proper any real or personal property or any stocks, bonds, notes or other securities (including securities issued by my corporate fiduciary) which I own at my death or which are subsequently acquired. 8.3.4. To effect and keep in force fire, rent, title, liability, casualty or other insurance to protect the property of the estate or Trust and to protect the fiduciary. 8.3.5. With respect to any property, real or personal, or any estate therein owned by my estate or Trust, except where such property or any estate therein is specifically disposed o£ 8.3.5.1. Absent the survival of my wife, RUTH W. ADAM5, to take possession of any real estate of which I might be possessed, to collect the rents from and manage the same, to take possession of the same, to collect the rents from and manage the same. 8.3.5.2. To sell the same at public or private sale, and upon such terms and conditions, including credit, as to my fiduciary shall seem advisable. 8.3.5.3. To lease, mortgage, partition, or subdivide the same, even where the terms of such lease or mortgage shall extend beyond the administration of my estate or the term of any Trust. 8.3.5.4. To abandon property which does not have sufficient economic value, in my Executor' or my Trustee's judgment, to make it worth protecting. 8.3.5.5. To repair or improve the same. 8.3.5.6. To grant options for the sale of same for a period not exceeding six (6) months. 8.3.6. With respect to any mortgage held by the estate or Trust, to continue the same upon and after maturity, with or without renewal extension, upon such terms as the fiduciary deems advisable, or to foreclose, as an incident to collection of any bond or note, any mortgage securing such bond or note, and to purchase the mortgaged property or acquire the property by deed from the mortgagor in lieu of foreclosure. 8.3.7. To employ any bank or Trust company incorporated in the state of my domicile, any national bank located in the state of my domicile or any private banker duly authorized to engage in business in the state of my domicile as custodian of any stock or other securities held as fiduciary, and the cost thereof, except in the case of a corporate fiduciary, shall be a charge upon the estate or Trust. 8.3.8. To cause any stock or other securities to be registered and held in the name of a nominee. 8.3.9. In the case of the survivor of two or more fiduciaries, to continue to administer the property of the LAST WQ,L AND TESTAMENT OF DONALD L. ADAMS~~~/~~~L~t~Si~^i estate or Trust without the appointment of a successor fiduciary. 8.3.10. As substitute or successor fiduciary, to succeed to all of the powers, duties and discretion of the original fiduciary, with respect to the estate or Trust, as were given to the original fiduciary. 8.3.11. To contest, compromise or otherwise settle any claim in favor of the estate, Trust or fiduciary or in favor of third persons and against the estate, Trust or fiduciary, or to submit the same to arbitration, without judicial approval. 8.3.12. With respect to any shares of stock or other securities owned by my Executor or by any Trustee: 8.3.12.1. To vote or refrain from voting, in person or by proxy, discretionary or otherwise, such shares of stock or other securities. 8.3.12.2. To pay calls, assessments and any other sums chargeable or accruing against or on account of shares of stock, bonds, debentures or other corporate securities, whenever such payments may be legally enforceable against the fiduciary or any property of the estate or Trust or the fiduciary deems payment expedient and for the best interests of the estate or Trust. 8.3.12.3. To sell or exercise stock subscription or conversion rights, participate in foreclosures, reorganizations, consolidations, mergers, or liquidations and to consent to corporate sales, leases and encumbrances. 8.3.13. To execute and deliver agreements, assignments, bills of sale, contracts, deeds, notes, receipts and any other instruments necessary or appropriate for the administration of the estate or Trust. 8.3.14. In the case of a Trustee, to hold the property of two or more Trusts or parts of such Trusts created by the same instrument as an undivided whole without separation as between such Trusts or parts, provided that such separate Trusts or parts shall have undivided interests and provided further that no such holding shall defer the vesting of any estate in possession or otherwise. 8.3.15. To make distribution in cash, in kind valued at fair market value of the property at the date of distribution, or partly in each, without being required to make pro rata distributions of such property. 8.3.16. To pay all reasonable and proper expenses of administration from the property of the estate or Trust, including the reasonable expense of obtaining and continuing the fiduciary's bond and any reasonable counsel fees which the fiduciary may incur. 8.3.17. To employ and remunerate agents to perform necessary services for the estate or for any Trust created thereunder such as, but not limited to: accountants, attorneys, investment advisors, actuaries, appraisers and custodians. 8.3.18. To borrow in the name of my estate or Trusts from themselves or others and secure such loans by mortgage, note, or pledge, at prevailing rates of interest. 8.3.19. To claim administrative expenses of my estate either as income tax deductions or as estate tax deductions, in my Executor' sole discretion, without regard to whether such expenses are payable from income or principal, and without the necessity of making adjustments or reimbursements between principal and income or among the property interests of the various Beneficiaries of my estate. 8.3.19.1. I exonerate my Executor from any liability arising from the claim of a Beneficiary of my estate whose entitlement under the terms of my Will has been diminished by my Executor' elections. 8.3.20. To execute, file and deliver proofs of claim or receipts required to collect all policies of life insurance on my life which name my estate or any Trust created hereunder as Beneficiary; elect any optional modes of settlement available under such policies; receive, administer and distribute the proceeds of such policies in accordance with the diapositive provisions of this Will. 8.3.20.1. The receipt of my Executor or my Trustee shall constitute full acquittance to any insurance company for policy proceeds paid. 8.3.21. To terminate and distribute outright to the income Beneficiaries thereof the assets of any Trust which, in the opinion of my Trustee, has become so small that it is uneconomic and not in the best interests of the Trust Beneficiary or Beneficiaries to continue. 8.3.22. To combine Trusts having substantially identical terms and with the same Beneficiary or Beneficiaries, whether created under the terms of my Will or my spouse's, to be administered and distributed as a single Trust. 8.4. I direct that in making distribution of my estate, the decisions of my Executor, or Trustee, in making allocations in fulfillment of the bequests and devises hereinbefore set forth, and described be absolute and final, and binding upon all persons. LAST WII,L AND TESTAMENT OF DONALD L. ADAMS / /ii~ i~C.~/ h ~ VfGI. fL~r.~ ARTICLE NINE "DONALD L. ADAMS TESTAMENTARY SUPPLEMENTAL CARE TRUST FOR THE BENEFIT OF RUTH W. ADAMS" 9.1. I direct that share of my estate that is to be set aside in "THE DONALD L. ADAMS TESTAMENTARY SUPPLEMENTAL NEEDS TRUST FOR THE BENEFIT OF RUTH W. ADAMS" shall as I directed in previous ARTICLE SEVEN of this MY LAST WILL and TESTAMENT. 9.2. It is my intention by this Trust to create a purely discretionary supplemental care fund for the benefit of RUTH W. ADAMS. 9.3. It is not my intention that this "THE DONALD L. ADAMS TESTAMENTARY SUPPLEMENTAL NEEDS TRUST FOR THE BENEFIT OF RUTH W. ADAMS" to displace public or private financial assistance that may otherwise be available to RUTH W. ADAMS. 9.4. The following enumerates some non-exclusive of the kinds of supplemental, not-support disbursements that are appropriate for the Trustee to make from this Trust to or for my Beneficiary. 9.4.1. Medical, dental and diagnostic work and treatment for which there are no private or public funds otherwise available. 9.4.2. Medical procedures that are desirable in the Trustee's discretion, even though they may not be necessary or life saving, may be appropriate care needs. 9.4.3. Further, supplemental nursing care, and rehabilitative services are to be reasonably considered by the Trustee. 9.4.4. Differentials in cost between housing and shelter for shared and private rooms in institutional settings may be paid by the Trustee in his/her discretion. 9.4.5. Care appropriate for my Beneficiary that assistance programs may not or do not otherwise provide are legitimately considered by the Trustee as well. 9.4.6. Expenditures jor a special food, and a[[ other expenditures that may benefit my Beneficiary shall be considered by the Trustee, as long as these expenditures will not disqualify my Beneficiary from receiving government assistance jor her care and support. 9.5. I do not want this Trust eroded by my Beneficiary's creditor(s), nor do I want her public or private assistance benefits to be made unavailable to her or terminated. 9.6. This Trust is not for my Beneficiary's primary support. 9.6.1. This Trust is to supplement RUTH W. ADAMS's care needs only. 9.7. I have no obligation of support owing to my Beneficiary, and she has no entitlement to the income or corpus of this Trust, except as the Trustee, in his/her complete, sole absolute, and unfettered discretion, elects to disburse. 9.7.1. In this regard, the Trustee may act unreasonably and arbitrarily, as I could do myself if living and in control of these funds. 9.8. The Trustee's discretion in making non-support disbursements as provided for in this instrument is final as to all interested parties, including the state or any governmental agency or agencies, even if the Trustee elects to make no disbursements at all. 9.9. The Trustee's sole and independent judgment, rather than any other parties' determination, is intended to be the criterion by which disbursements are made. 9.10. No court, or any other person, should substitute its, or their, judgment for the discretionary decision or decisions made by the Trustee. 9.11. Any income received by the Trustee, not distributed tonor for the benefit of the Trust Beneficiary, shall be LAST WILL AND TESTAMENT OF DONALD L. ADAMS //.~~%~/LlXR ~ C~i~/l'~YI'~ 7 added annually to the Trust's principal. 9.12. My Trustee shall consider all resource and income limitations that affect my Beneficiary's right to public assistance programs. 9.13. Distribution to or for the benefit of my Beneficiary shall be limited so that she is not disqualified from receiving public benefits to which she is otherwise entitled. 9.14. My Beneficiary's probable and possible future supplemental care needs should be considered by the Trustee in connection with disbursements made by the Trustee from the Trust. 9.15. The interests of remainder Beneficiaries are of only secondary importance. 9.16. My Trustee should resist any request for payments from the Trust for services that any public or private agency has the obligation to provide to my Beneficiary. 9.16.1. In this regard, the Trustee may not be familiar with the federal, state, and local agencies that have been created to financially assist disabled persons. 9.16.1.1. If this is the case, the Trustee should seek assistance in identifying public and private programs that are or may be available to her/him it so that the Trustee may better serve my Beneficiary. 9.17. This Trust is not a resource to the Beneficiary. 9.18. The Testator does not owe the Beneficiary a support duty. 9.18.1. Further, this is a Spendthrift Trust. 9.19. None of the principal or income of the Trust Estate, nor any interest in the Trust, may be anticipated, assigned, encumbered, or be made subject to any creditor's claims, or to any legal process. 9.19.1. No part of the Trust Estate shall be subject to the claims of voluntary or involuntary creditors of the Beneficiary, including any agency of the State of North Carolina, or any other state, or of the United States. 9.19.2. No part of the principal or income of the Trust Estate shall be liable to the Beneficiary's creditors during the Beneficiary's life, or after the Beneficiary's death. 9.20. Under no circumstance can the Beneficiary, nor any creditor, compel a distribution from the Trust for any purpose. 9.21. The Trustee' discretion in making non-support disbursements a provided for in this instrument is final as to all interested partied, including the state or any governmental agency or agencies, even if the Trustee elects to make no disbursements at all. 9.21.1. Furthermore, the Trustee may be arbitrary and unreasonable. 9.21.2. The Trustee's sole and independent judgement, rather than any other parties' determination, is intended to be the criterion by which disbursements are made. 9.22. No Court or other person should substitute its or their judgment for the discretionary decision or decisions made by the Trustee. 9.23. I declare that the Trust hereby created is irrevocable, and that this agreement may not be altered, amended or modified. 9.24. My Trustee should cooperate with the Beneficiary, or her Guardian or legal representative, to seek support and maintenance for the Beneficiary from all available resources, including, but not limited to supplemental Social Security income Program (SSI), Supplemental Income Program (SIP) of North Carolina, or any other state; the Old Age Survivor and Disability Insurance Program (ASDI); the Medicaid Program; social Security Disability Insurance (SSDI), and nay additional, similar, or successor programs; and from any private support sources. LAST WILI. AND TESTAMENT OF DONALD L. ADAMST~J ~ g 9.24.1. My Trustee may supplement such sources, but the Trustee should not make distributions from the Trust that supplant services, benefits, and medical care that are otherwise available to the Beneficiary through any governmental or private resource, or both. ARTICLE TEN SPECIAL PROVISIONS OF AS TO THE TRUSTEE OF THE "DONALD L. ADAMS TESTAMENTARY SUPPLEMENTAL NEEDS TRUST FOR THE BENEFIT OF RUTH W. ADAMS" 10.1. As previously noted, my Trustee shall have all powers otherwise granted fiduciaries under North Carolina General Statutes, Section 32-27, subject to the restrictions of North Carolina General Statute, Section 32-26, in effect at the signing of this Will, and as amended after the date of MY LAST WILL and TESTAMENT, and after my death. 10.1.1. Again, I incorporate that statute in this agreement by this reference. 10.2. My Trustee shall specifically have the power to invest in non-income producing assets. 10.3. The "DONALD L. ADAMS TESTAMENTARY SUPPLEMENTAL NEEDS TRUST FOR THE BENEFIT OF RUTH W. ADAMS" created by this MY LAST WILL and TESTAMENT may be administered by the Trustee free from the control of any court or subject to the jurisdiction of any court that may otherwise have authority over my estate. 10.4. No Trustee shall be required to post surety or personal bond while serving in this fiduciary capacity. 10.5. My Trustee shall receive no compensation for services performed in furtherance of his/her duties as the Trustee, but may receive reimbursement for expenses incurred. 10.6. The Trustee may take whatever legal steps may be necessary to initiate or continue any public-assistance program for which the Beneficiary is, or may, become eligible. 10.7. The Trustee may bring such action in any court of regulatory agency having jurisdiction over the matter to secure a ruling or order that the Trust described in this article is not available to the Beneficiary for any purpose. 10.8. Any expense of the Trustee, including reasonable attorney's fees, specifically incurred in connection with matters relating to determination of eligibility of the Beneficiary for public or private support, but not limited to such services, shall be a properly charge to the Trust. 10.9. My Trustee may allocate assets having different income tax bases in such manner, amounts, and proportions as the Trustee may deem appropriate. 10.10. The powers and discretion granted to the Trustee are exercisable only in a fiduciary capacity, and may not be used to enlarge or shift any beneficial interest except as an incidental consequence of the discharge of the duties of the Trustee. 10.11. No Successor Trustee shall be responsible for or required to inquire into the transactions of any predecessor Trustee, and a Successor Trustee may rely conclusively upon the accounts of a predecessor Trustee. ARTICLE ELEVEN TRUSTEE AUTHORITY TO TERMINATE TRUST 11.1. The "DONALD L. ADAMS TESTAMENTARY SUPPLEMENTAL NEEDS TRUST FOR THE BENEFIT LAST WII,L AND TESTAMENT OF DONALD L. ADAMS .L/_ ,~ " OF RUTH W. ADAMS," as established under this MY LAST WILL and TESTAMENT, shall terminate upon the earliest of: 11.1.1. The Trust corpus is so depleted including any income earned therefore, shall be less than that amount that shall disqualify the Beneficiary for government benefits, that in the opinion of the Trustee, the Trust is uneconomical to administer, and not in the best interests of the Trust Beneficiary to continue, or 11.1.2 The existence of this supplementary care Trust adversely effects my Beneficiary from receiving public or private support benefits, or 11.1.3. The death of the Beneficiary RUTH W. ADAMS. 11.2. If the Trust Corpus is so depleted as provided for in Paragraph #11.1. of this ARTICLE ELEVEN, I then direct that if transfer of ownership thereof that said funds be used for the care and comfort of said Beneficiary. 11.3. In the event of voluntary termination as provided for in Paragraph #11.2. of this ARTICLE ELEVEN, the remainder of the Trust shall be distributed to the Remainder Beneficiaries as directed in ARTICLE FIVE of this MY LAST WILL and TESTAMENT, and it would be my hope and expectation that the remainder Beneficiaries will continue to provide for the nonsupport care needs of my RRR RUTH W. ADAMS. 11.3.1. This request is an expression of my wishes. 11.3.2. It is not binding on the remainder Beneficiaries. 11.4. Upon the death of RUTH W. ADAMS, as provided for in Paragraph #11.3. of this ARTICLE ELEVEN, the "DONALD L. ADAMS TESTAMENTARY SUPPLEMENTAL NEEDS TRUST FOR THE BENEFIT OF RUTH W. ADAMS," created for the benefit of RUTH W. ADAMS shall be distributed to the remainder Beneficiaries, as I direct in ARTICLE FIVE of this MY LAST WILL and TESTAMENT. 11.5. If termination of this Trust so occurs, as provided for in Paragraph #11.1.2. and Paragraph #11.1.3. the remainder interest will be accelerated, and the remainder Beneficiaries shall receive the accrued and undistributed income and corpus then held by the Trust. ARTICLE TWELVE MY EXECUTOR'S POWERS AS TO ANY BENEFICIARY WHO SHALL NOT HAVE REACHED TWENTY-ONE (21) YEARS OF AGE 12.1. If any of my Estate principal or income shall pass to a Beneficiary who shall be under the age of twenty- one years of age, my Executor shall have the authority, in my Executor's discretion, and without court authorization, to make payment or distribution of any principal and/or income vesting in and payable to any Beneficiary in any one or more of the following ways: 12.1.1. Paying the same to the parent, guardian or other person having the care and control of such Beneficiary and the receipt of such payee shall be full acquiescence to my Executor, 12.1.2. Paying the same to any relative of the Beneficiary as custodian for the Beneficiary under any applicable Gifts to Minors Act, or 12.1.3. Select a custodian for the Beneficiary under the Uniform Gifts To Minors Act or under the Uniform Transfers To Minors Act of the jurisdiction where the Beneficiary resides without court order, or 12.1.4. Deferring payment or distribution of any part or all thereof until the Beneficiary reaches twenty-one (21) year of age, meanwhile applying to such Beneficiary's use so much principal and income therefrom, and at such time or times as my Executor may deem advisable, or 12.1.5. Distribute or pay part or all of the Beneficiary's property to the Trustee of any trust created for the sole benefit of the Beneficiary. 12.2. My Executor, in his/her discretion, may apply part or all of the Beneficiary's property for the Beneficiary's support, health, and/or education. 12.2.1. If my Executor decides that such distributions for said Beneficiary's health care and/or educational tuition are in the best interest of the Beneficiary, in order to reduce income tax consequences, my Executor LAST Wll.L AND TESTAMENT OF DONALD L. ADAMS !_J~ /y • 10 shall make all such distributions, (said distributions to be made as much as possible from the income so earned), for said Beneficiary's education and/or health care directly to the provider of the education for the payment of tuition, and to the health care provider for treatment; and NOT to the Guardian of said Beneficiary, or to the Beneficiary. 12.3. Any income not expended by my Executor shall be added to principal and my Executor shall pay over and disburse the principal to the Beneficiary upon such Beneficiary attaining the age of twenty-one (21) years. 12.4. My Executor, in administering this property, shall have all of the authority granted to fiduciaries under North Carolina state law, and under the provisions of the previous ARTICLE EIGHT of this MY LAST WILL and TESTAMENT. 12.5. My Executor shall account in the same manner as a Trustee. 12.6. My Executor shall not be required to post bond, file inventory, appraisal, account, or report to any court, but shall be required to furnish, by certified United States Mail, return receipt requested, at least upon the first (1st) day of June of each year, to each Beneficiary, or to his/her Guardian, and to each Remainder Beneficiary, a statement giving a summary of receipts and disbursements during each account period and assets on hand at the each of the account period. 12.6.1. Such accounting are deemed correct and are acceptedas correct if no notice to the contrary is received by my Executor within ninety (90) days upon registered receipt. 12.7. If any said Beneficiary shall fail to reach twenty-one (21) years, I direct that his/her share shall be distributed to my Remainder Beneficiaries as I direct in ARTICLE FIVE of this MY LAST WILL and TESTAMENT. 12.8. My Executor not shall be entitled to compensation pursuit of his/her duties hereunder. 12.9. My Executor may receive reasonable reimbursement for the expenses incurred pursuant to his/her duties pursuant to his powers as to said Beneficiary. 8.9.1. My Executor may waive this reimbursement. 12.10. My Executor may select any fiduciary named in this MY LAST WILL and TESTAMENT as such custodian without conflict of interest. ARTICLE THIRTEEN SPENDTHRIFT CLAUSE 13.1. I hereby direct that no Beneficiary of this my LAST WILL and TESTAMENT may encumber her or his share of this my Estate for the benefit of creditors. 13.2. My Executor, Successor Executor, Trustee, or Successor Trustee is specifically forbidden to make any payments to creditors on behalf of any of my Beneficiaries. ARTICLE FOURTEEN COLLECTION OF A DEBT 14.1. I direct that if my wife RUTH W. ADAMS shall fail to survive me, that all monies advanced to CHARLENE McCRAY, and DAVID BURPS, in the form of a loan, shall be considered a debt to my estate to the extent that said loan is not repaid. LAST WILL. AND TESTAMENT OF DONALD L. ADAMS ~ • ~ • 11 ARTICLE FIFTEEN NO CONTEST CLAUSE 15.1. I direct that in making distribution of my estate, the decisions of my Executor, or Trustee, in making allocations in fulfillment of the bequests and devises hereinbefore set forth, and described be absolute and fmal, and binding upon all persons. 15.2. In the event any Beneficiaryunder this MY LAST WILL and TESTAMENT shall, singly or in conjunction with any other persons, contests in any court the validity of this MY LAST WILL and TESTAMENT, or shall seek to obtain an adjudication in any proceeding in any court that this MY LAST WILL and TESTAMENT or any of its provisions, or any of its provisions is void; or seek otherwise to void nullify, or set aside this MY LAST WILL and TESTAMENT, or any of its provision; then the right of that person to take any interest given to him or her by this MY LAST WILL and TESTAMENT shall be determined as it would have been determined had the person predeceased the execution of this MY LAST WILL and TESTAMENT without surviving issue. ARTICLE SIXTEEN MEMORANDUM CLAUSE 16.1. As stated provisions of previous ARTICLE FIVE, of this MY LAST WILL and TESTAMENT, it is my intention to leave a "MEMORANDUM" with this MY LAST WILL and TESTAMENT setting forth my wishes with respect to the disposition of certain items of my tangible personal property upon my death. 16.2. I further direct that all distributions pursuant to said Memorandum shall be in addition to any bequest so mentioned in previous ARTICLE THREE and ARTICLE FIVE of this MY LAST WILL and TESTAMENT. 16.3. Said "MEMORANDUM" will be a strong expression of my wishes and shall create both a trust and obligation and shall be offered for probate as part of this MY LAST WILL and TESTAMENT. 16.1.1. However, I further direct that if such Memoranda is not found and identified as such by my Executor within ninety (90) days after my death, then such Memoranda shall be null, void, and of no effect whatever. 16.1.2. In default of such Memoranda, my Executor shall distribute my personal property as part of my residuary estate to be distributed as an integral part thereof. 16.4. I direct that any expenses incurred in obtaining possession, appraising, and safeguarding any of said property be paid from my estate as an administration expense. 16.5. The aforesaid notwithstanding, if it is impractical to retain or transfer that Beneficiary's tangible personal property as provided above, I authorize and empower my Executor, in his/her absolute discretion to sell any or all of the share of such Beneficiary at private or public sale and to add the proceeds of such sale to my residuary estate to be distributed as an integral part thereof. 16.5.1. All such determinations shall be in my Executor's sole discretion and shall be conclusive and binding upon all parties interested in my estate. ARTICLE SEVENTEEN MY FUNERAL AND THE INTERMENT OF MY REMAINS 17.1. I direct that my remains be cremated. 17.2. I duect that my funeral services be in the form of a Memorial Service to be performed at the MESSIAH LUTHERAN CHURCH, WILMINGTON, NORTH CAROLINA. 17.3. I further direct that my remains be interred in the MIFFLINBURG CEMETERY located in LAST WILL AND TESTAMENT OF DONALD L. ADAMS/ /_ / / 12 MIFFLINBURG, PENNSYLVANIA. ARTICLE EIGHTEEN RULE AGAINST PERPETUITIES 18.1. Notwithstanding anything in this MY LAST WILL and TESTAMENT to the contrary, I direct that no Trust bequest created hereunder shall continue for a period longer than permissible under North Carolina's Rule Against Perpetuities, and upon the expiration of such period, each such Trust/bequest shall terminate and the assets thereof shall be distributed outright to those persons then in being who would be entitled to receive the bequest/Trust principal from that trust at the time of the termination specified. ARTICLE NINETEEN FAMILY BOND CLAUSE 19.1 It is my desire and hope that my children, JONATHAN N. ADAMS, and DENISE A. SANDERS, will continue to maintain a family bond and relationship, and cooperate in every way in the probate of this My LAST WILL and TESTAMENT. ARTICLE TWENTY SEVERABILITY CLAUSE 20.1. If any provision of this my LAST WILL and TESTAMENT is unenforceable, the remaining provisions shall remain in full effect. ARTICLE TWENTY-ONE GOVERNING LAW 21.1. This instrument and all dispositions hereunder shall be governed by and interpreted in accordance with the laws of the State of North Carolina. IN WITNESS WHEREOF, I, DONALD L. ADAMS, THE TESTATOR, SIGN MY NAME TO THIS INSTRUMENT ON THIS THE TENTH (10TH) DAY OF NOVEMBER 2000, AND BEING FIRST DULY SWORN, DO HEREBY DECLARE TO THE UNDERSIGNED AUTHORITY THAT I SIGNED AND EXECUTED THIS INSTRUMENT AS MY LAST WILL AND TESTAMENT, THAT I SIGNED IT WILLINGLY, THAT I EXECUTE IT AS MY FREE AND VOLUNTARY ACT FOR THE PURPOSE THEREIN EXPRESSED, AND THAT I AM OVER THE AGE OF EIGHTEEN (18) YEARS OF AGE OF SOUND MIND, AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE. L. ADAMS, TESTATOR LAST WII.L AND TESTAMENT OF DONALD L. ADAMS ~ / P * 13 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER WE, l hpn,as ..U.. ~~~ ~TE~ and ~JC~L1 QY~ ~ ~niE-.z the witnesses sign our names to this instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signs and executes this instrument as his LAST WILL and TESTAMENT, in our presence, and that he signs it willingly, and that each of us, at the request of the Testator and in the presence and hearing of the Testator, hereby sign this LAST WILL and TESTAMENT as witnesses to the Testator's signature, and to the best of our knowledge, the Testator is over the age of eighteen (18) years, of sound mind, and under no constraint or undue influence. (SEAL) ~ N t~ r+t i4 S ~ _ LEI A~ L7''E,/L,,, WITNESS PRINTED NAME PRINTED NAME - ----------- STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER CERTIFICATION SUBSCRIBED, SWORN AND ACKNOWLEDGED before me by the DONALD L. ADAMS, the Testator, and subscribed and sworn to before me by: J/~or»4S .4. ~tdtT62 and ULICca ~ /~G/~lrc~ the witnesses, this, the ~U ~ day of November, 2000. . ,<~.,. t y.. ~~,Y1+ S ~ lf~ , y 1 ' • ' • , j .~ , ~ ~I. ~ ~ti r 1 ,~~ .,~ . `~"~; ^ ~( - otary Public My Commission Expirev: , gt~3k9hFEaEWFTB$ d61LY 2Ff 2uo2 a,"~ , t`[~"k ., { LAST WILL AND TESTAMENT OF DONALD L. ADAMS ~ ~ , 10 ,, MEMORANDUM FOR THE LAST WILL AND TESTAMENT OF DONALD L. ADAMS I DIRECT THAT DISTRIBUTION OF MY FOLLOWING PERSONAL PROPERTY BE AS FOLLOWS: ITEM BENEFICIARY (SEAL) DONALD L. ADAMS 200_ LAST WILI. AND TESTAMENT OF DONALD L. ADAMS ,~~ ~ ~ 15 DEFINITIONS A. "Executor." The term "Executor" includes any personal representative or representatives of my estate acting under this MY LAST WILL and TESTAMENT such as a successor Executor or Executors and any Administrator with the MY LAST WILL and TESTAMENT annexed. It also includes the term "Executrix" whenever the context requires it. B. "Death Tages." The term "death taxes" means inheritance, estate, additional estate tax on excessretirement,accurnulation, generation-skipping, transfer and successiontaxes, and any interest and penalties on these taxes, imposed by reason of my death by any jurisdiction with respect to property passing under or outside the provision of this MY LAST WILL and TESTAMENT or any codicil to it which is includable in my estate for the purpose of determining such tax. C. "Power of Appointment." A Power of Appointment is a power or authority conferred by one person by deed or MY LAST WILL and TESTAMENT upon another to appoint, that is, to select and nominate, the person or persons who are to receive and enjoy an estate or an income therefrom or from a fund, after the testator's death, or the donee's death, or after the termination of an existing right or interest. D. "Give." "Give" shall be deemed to include the term "bequeath" or "devise" when appropriate. E. "Survive Me". The term "survive me" is to be construed to mean that the person referred to must survive me by thirty (30) days. If the person referred to dies within thirty (30) days of my death, then reference to him/her shall be construed as if he/she had failed to survive me. F. "Trustee." Person holding property in trust. The person appointed, or required by law, to execute a trust; one in whom an estate, interest, or power is vested, under an express or implied agreement to administer of exercise it for the benefit or to the use of another. G. "Child," "Children" and "Issue". The terms "Child" and "Children" mean lawful lineal blood descendants in the fast degree of the parent designated, and the term "Issue" means lawful lineal blood descendants in any degree of the ancestor designated, but such terms shall include any person adopted prior to the time that person reaches the age of eighteen (18) and the lawful lineal descendants of any such person, whether of the blood or by adoption prior to such age. H. "Per Stirpes." Whenever a distribution is to be made to a designated ancestor's issue who are living at a designated time and such distribution is to be made "per stirpes,", such distribution shall be made by first determining the generation nearest to such ancestor which has a person who represents that generation and who is living at the designated time. The property to be distributed shall be divided into as many equal shares as may be necessary to allocate one share to each then living person of the generation and one share to each deceased persons of the generation who left issue who are then living. Each living person of that generation shall receive one share, and the share of each deceasedperson of that generation shall be divided among his or her then living issue in the same manner. I. "Inter Vivos." Between the living; from one living person to the other. J. "Natural." Proceeding from or determined by physical causes or conditions as distinguished from positive enactments of law. LAST WII.L AND TESTAMENT OF DONALD L. ADAMS ~_ ~ 16