HomeMy WebLinkAbout03-30-79
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IN THE ORPHANS' COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE NO. 21-78-380
STATEMENT OF PROPOSED DISTRIBUTION BY
ELIZABETH CHANDLER ANDERSON, EXECUTRIX OF THE ESTATE
OF CHARLES W. ANDERSON, LATE OF THE BOROUGH OF CARLISLE,
CUMBERLAND COUNTY, PENNSYLVANIA, DSCEASED.
The Executrix proposes to nward the bal ance for ,jistri-
bution in her hands, consisting of Personal Estate valued in the
sum of $5,560.75, and Income valued in the sum of $2,427.73, as
follows:
PERSOl'JAL ESTATE
To:
Dnuphin Deposit Bank and Trust Company, Trustee
under Item II of Will:
Cash -
Mortgage and Note of Emil Bartos et ux.,
balance due as of 4/30/79, in kind -
TOTAL PERSONAL ESTATE -
$3,056.98
2,503.77
$5,560.75
INCOME
To:
Elizabeth C. Anderson, income beneficiary
under Item II of Will - Cash
$1,213.86
Jean A. Potter, income beneficiary
under Item II of Will - Cash
TOTAL INCOME -
1,213.87
$2,427.73
The foregoing distribution is proposed in accordance wi 1'1
the Last v\lil1 and Testament of CharI es W. Anderson, deceased, a
copy of which is attached hereto and made a part hereof.
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Eli abeth Chan ler Ander , Executrix
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Elizabeth Chandler Anderson, being duly sworn according
to law, deposes nnd says that she is the Executrix of the Estate
of Charles W. Anderson, deceased, and that the foregoing Statement
of Proposed Distribution is true and correct to the best of her
knowledge, information and belief.
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Sworn and subscri be,i before nle,
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Lh~B-30tH'~ciy of March, 1979.
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~;J ,}CE 328
LAST WILL AND TESTAMENT OF
CHARLES W. ANOERSON
I, CHARLES W. ANDERSON, of the Borough of Carlisle, Cumberland County,
Pennsylvania, declare this to be my Last Will and Testament and revoke all Wills and
Codicils previously made by me.
ITEM I: 1 direct that all my just debts and funeral expenses, including all
expenses of my last illness, shall be paid from my estate as soon as practicable
after my decease, as a part of the expense of the administration of my estate.
ITEM II: I devise and bequeath all of my estate of every nature and wherever
situate to my Trustee hereinafter named in two (2) equal shares for the following
use s and purpose s:
A. To hold one equal share thereof, IN TRUST, as follows:
1. To pa.y the net income therefrom to my wife, Elizabeth Chandler
Anderson, dur~g her lifetime or until her remarriage, whichever first
occurs, in such periodic installments as my Trustee shall find convenient,
but not less frequently than quarter-annually.
2. In addition and only after the exhaustion of all other income and
other resources available to my said wife from all sources known to my
Trustee, my Trustee shall be fully authorized during the lifetime of my
said wife or until her rem arriage, whichever first occurs, to expend for
her benefit so much of the principal of this Trust as my Trustee, in its
sole discretion, shall deem necessary or advisable from time to time to
meet any emergency, disaster or other happening affecting the health,
medical care or welfare of my said wife.
3. Upon the death or remarriage of my said wife, whichever first occurs,
the then-remaining principal and any accumulated or undistributed income
shall be added to and become a part of the Trust created in Sub-Paragraph B
of this Item II, to be held, administered and disposed of in accordance with
all of the terms and provisions of Sub-Paragraph B of this Item II.
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B. To hold the remaining equal share thereof, IN TRUST, as follow s:
1. To pay the net income therefrom to my daughter, Jean.A. Potter,
during her lifetime in such periodic installments as my Trustee shall find
convenient, but not less frequently than quarter-annually.
2. In addition and only after the exhaustion of all other income and
other resources available to my said daughter from all sources known to
my Trustee, my Trustee shall be fully authorized during the lifetime of
my said daughter to expend for her benefit so much of the principal oi
this Trust as my Trustee, in its sole discretion, shall deem ne ce ssary
or advisable from time to time to meet any emergency, disaster or other
happening affecting the health, medical care or welfare of my said daughter.
3. Upon the death of my said daughter, this Trust shall terminate
and the then-remaining principal and any accumulated or undistributed
income shall be distributed, discharged of the Trust, in e qual share s
to my grandchildren, provided that the share of any such grandchild
who .shall not be then living shall be distributed to his or her then living
issue, per stirpe s, and in default of any such then living issue. such
share shall be added to the share or shares for my other grandchildren.
l'l'j~lV~ HL 'i'lill LIILllCO;c;L;.J of Ui" li'Jlh.d'icial.'i"H 1lllcLlllndllL' lolllall n.n b.. tiUUJl~l~\.
to anticipation or to voluntary or involuntary alienation.
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ITEM IV: All Federal, State and other death taxes payable because of
my death, with respect to the property forming my gross estate for tax purposes,
whether passing under this Will or otherwise, includ ing any intere st or penalty
imposed in connection with such tax, shall be considered a part of the expense of
the administration of my estate and shall be paid out of the principal of my estate
without apportionment or right of reimbursement. All such taxes on present or
future interests shall be paid at such time or times as my personal representati.ve
or my Trustee may think proper, regardless of whether such taxes are then due.
ITEM V: I appoint Dauphin Deposit Bank and Trust Company, of Carlisle,
Pennsylvania, Guardian of any property which passes, either under this Will or
otherwise, to a minor and with respect to which I am authorized to appoint a Guardi.an
and have not otherwise specifically done so, provided that this appointment of a
Guardian shall not supersede the right of any fiduciary in its discretion to distribute
a share where possible to the minor or to another for the minor's benefit. Such
Guardian shall have the power to use principal as well as income from time to time
for the minor's support, welfare and education (including college education, both
graduate and undergraduate), or to make payment for the se purpose s, without further
re sponsibility, to the minor or to any person taking care of the minor.
ITEM VI: I appoint Dauphin Deposit Bank and Trust Company, of Carlisle,
Pennsylvania, Trustee of the Trusts created in Item II hereof.
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of this my Last Will and Testament.
ITEM VnI: I direct that my Executrix, Trustee and Guardian, as well as their
:-;ucce::;::;orl:i, shall not be required to give bond for the faithful pcrforl'nancc of thl~ir
d utie oS in any jurisdiction.
LN Wl'l'Nj':S~ W JlI,;lU';OI.t'. 1 !lave hereunto ::;et my hand and /:leal tbi;-;
day of
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, 1077.
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The preceding instrument, consisting of this and three (3)
other typewritten pages, each identified by the signature of the
Testator, was on the day and date thereof signed, published and
de dared by CHARLES W. ANDERSON, the Te stCl-tor there in named,
as and for his Last Will and Testament, in the presence of us, who,
at his request, in his presence and in the presence of each other,
have subscribed our name s as witne sse s hereto.
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CODICIL
I, CHAHLES W. ANDEHSON, of the Borough of Carlisle, Cumberland
Cou.n~y, Pennsylvania, declare this to be the sole Codicil to my Last Wi.ll
and Testarl.l.ent. dated August 26, 1977.
ITEM I: In addition to the powers vested in my Executrix and Trustee
by the comm on law, by statute or by the other provisions of Iny l~ast W i.n
;l)1d Te ::>tacncnt, :::q)r;U.(:able to all property, indudi.ng prop(}rty held ior 11.. innr:::;.
Wbi~'..Jj(~r principal 0.1..' income, exercisable withou.t Court approval and ef:ect~ve
..mtil actual distribution of all property, I give my Executrix and Trustee the
following powers:
A. To retain and to hold any securities or other property, real.
personal or nlixed. including stock of my Trustee, from my estate.
B. To sell at public or private sale. to exchange, or to lease for any
period of time, any real or personal property and to give options for sale s.
exchange s or lease s, for such price s and upon such terms or conditions as ll"lY
Exe cutrix and Trustee shall deem proper.
C. To hold property in the name of the Trust Estate. or in the naIrLe of
r:.y 'l'rustee without de signation of any fiduciary capacity. or in the 11<111:H:: of a
norn. inec or unregistered.
D. To exercise any election or privi.lege given by the F'ec1eral T~lX ,Hid
,\111" t.,.. 'q'H'.I~ "H.'I,~liH,,'t \'It\,j,10\1I' l.lIltl-ill;; .,1". illt ."\11611,,.. Ii.', _,Id.."." ,'I..jl
in filing income tax returns. the de ction of the alternate valuati.on for Fede:cC1.l.
.;: i:{~ate Tax purposes and the ele ction to claim items of deductions for Estate 'Tax
or for Income Tax purposes; and to make or not to 111ake equitable adjustments or
appor'donments for the exercise or non -exercise of any such election or privilege.
E. To make distribution of the Trust IS state, wholly or in part. in !I.l.ih:i
(,I' if, ca::;h.
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ITEM II: In all other respects, I hereby ratify, confirm. and republish
~[.y Last Will and Testament dated August 26, 1977, together with this sole
Codicil, as and for 1Y,Y Last Will and Testament.
IN WITNESS WHEREOF, I have hereunto set my hand seal this
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day of August, 1977.
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Signed, published and declared on the date thereof
by the above -narned CHAHLES W. ANDEHSON as and for.
the sole Codicil to his Last Will and Testament dated
August 26, 1977, in the presence of us, who, a~ his request,
lr... his presence and in the presence of each other, have
subscribed our names as witnesses hereto.
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