HomeMy WebLinkAbout08-07-78
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PETITION FOR PROBATE OF WILL AND LETTERS TESTAMENTARY
in the Estate of
SARAH McCREA CHAPMAN JONES
, deceased.
To
of Cumberland, in the Commonwealth
is
Petitioner(s) are the execut ors
Richard E. Anderson
, Register of Wills for the County
of Pennsylvania.
named in the Last Will and
Testament of Sarah McCrea Chapmn Jones dated Sept. 8, 1976
Decedent was a citizen of the United States and a resident of
Township
~, Cumbedand County, Commonwealth
LDwer Mifflin
of Pennsylvania.
Decedent died on
Friday
the
28th
day of July
,
A. D. 19 78 , in the County of
Cumberland
, State of
Pennsylvania at the age of 78 years.
~ ~ her
Decedent has not been married and has not had children born to bim:
since the execution of the above described Will.
Decedent was possessed of personal property to the value of
unestimated
and of real estate to the value of
illlestimated
as near as can be ascertained; said real
Lower Mifflin Township, Penna. and Bucks Coilllty, Penna.
estate situated as follows
apply
Therefore, your petitioner(s) respectfully ~ for the probate
of the said Last Will and Testament and for Letters Testamentary thereon.
Dated r1':g':st 7, 1078
Name and address \
of Petitioner(s) Jane
icer
GV
COMMONWEALTH OF PENNSYLVANIA l
COUNTY OF CUMBERLAND ~ ss
Jane F. Burke) VP & TO Fanners Trust Co. and John McCrea 1 lIT
named in above application, being duly
say(s) that the statements set forth in
sworn according to law
this petition are true to the
best of
their
knowledge and belief.
and subscribed before
19 78
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Register
S\\Drn
me,
OA TH OF SUBSCRIBING WITNESS
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA J
COUNTY OF CUMBERLAND SS:
Before me, the Register for the Probate of Wills and granting of Letters of Administration in and for
the County of Cumberland, personally came ...~~~..!.:...~~~..~.c:t..~~~..~~~~~!.J~.~................................
who, being duly .......E?Yf.9~............, do .......... depose and say that as.......~::~~~~~.?~~..................................
. Sarah McCrea Chapman Jones
of the last WIll and Testament of ................................................................................................. ...... ..deceased
..........~~~y........ will well and truly administer the goods and chattels, rights and credits of said deceased
according to law. And also will diligently comply with the provisions of the law relating to Transfer
Inheritances. ........~~........... and subscribed
before me.
fI, 't'!'1'~t, 7 A D 19 78
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Be it remembered that on the .....J~.!.~........ day of ....................:~.1?G~3.E?t............., A. D., 197J:....., there
. ~r)PRh Mrr~0~ rh0n~nn~ TOY'0~
was probated and recorded the last WIll and Testament of ...... ::.. ::....:: ..:.::. :::..'-..:.. :.'.. ....:.- :.:.'.: ~.. .~.:. :.J.:.'.:"..........,
[0"""" M~ f>'''l ~n Cflc"T>ls""i", C b 1 dC Pl' D d
late of.............:...~.':'.:......::......:::~..:...'..;'.;'~;.':...-:.-..i.:............., urn er an ounty, ennsy vama, ecease. Letters
!Tp'~t.~~erJ+:,9ry d ~lD~vn.er~_~ Irr1JS+-' Co. (~{', ~T~': IJT.f1JcCre:e" III
..... .................................................. were grante to ................................................................................ .....:......
Witness my hand and official seal the day and year aforesaid.
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Richard E. Anderson, Register.
"..... 'tl
OATH OF SUBSCRIBING WITNESS
COMMONWEALTH OF PENNSYLVANIA l ss:
COUNTY OF CUMBERLAND )
This.......................... J.~~ ~ J?.................................... day of......... .A~g.......................................... A.D., 19.7.f?...,
before me Richard E. Anderson, Register for the Probate of Wills and granting letters of Administration
in and for said County of Cumberland, in the Commonwealth of Pennsylvania, personally came ..............
Dennis C. Caverly and Jane F. Burke
................................................................................................................................................................................
the subscribing witnesses to the foregoing instrument of writing purporting to be the last Will and
Testament of ...... .~~~. .~~~~~. ~p.~.. ~~~~~...... ........ ............................ Dated . .~.~I?~.:. .~.~.. ~~!~..............
late of....... .~~~..~~~~~~J?:. ~!?~:?~~p................. ....... ........ .......................... Cumberland County Pa., deceased
who being duly ..~~................................ according to law, depose and say, that .....~.l,1.~~..~~:':~..................
present, and saw and heard the testJ:~~........................., .......~~~..~~~~~..~~..:!~~~~....................
sign, seal, publish, pronounce and declare the said instrument of writing as and for h..~;r;.......... Testament
and Last Will, and at the time of so doing .......................~J:?~.....................was of sound and disposing mind
memory and understanding, to the best of ...........~J:?~.~!................. ...../..knowledge, obser }ion and belief.
...........~~~.........................l\. . and subscribed before
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Richard E. Anderson, Register
AFFIDAVIT OF DEATH
COMMONWEALTH OF PENNSYLVANIA l ss:
COUNTY OF CUMBERLAND )
...........~~~..~:...~~~.~..~~~~..~~~~~~.r:~..~.~~..~~~~~~:..!~::~..~~..~~?.................being duly
...........sworn........................... says that as nearly as can be ascertained the said decedent ..........................
...........~.~~..~~~~~..~~..:!~~~~.......................................................................................................died on
.... ......K!.~~~........... ............... the ............ ...?~~?... ....... day of .... ............. ......~~~?"............ .......... A.D., 19.. ~~.,
at or about .....................~?................. o'clock, .~.M.
....... .....~~~....... ....... ............. ....and subscribed this
7t~. d f ,A1l'!USt
................................................ ay 0 ... ......-;>..............
19, 7.~...., before
.... ~ ~.............. ....................... .....
\ / .
........ ......... ...:'. - ... ... .. ......~:-.~.~...................
Richard E. Anderson, Register
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CODICIL
CUMBERLAND COUNTY, ss:
.:? ~::. August 78
ThIS n___..___..___.___._.. .__O______._...n. -.. day of ..--.. .--__...._________... ..___. n_,,, _ .__n_..nn.. ....n.. ..__... A. D., 196..... __.,
before me .--......--.n.----..JUchard__E~..Anderson__.__n..____n__n....._n' Register for the Probate of Wills
and granting letters of Administration in and for said County of Cumberland, in the Common-
wealth of Pennsylvania, personally came .. .---.P.~~~-~..l?:--.~~~'!:r..n_______..__.n__.__..n..._______n_.....n ..______.
--__...________....._.....__thEi~RRscribing witnesses to the foregoing instrument of writing purporting to be a
...J:t!~:tn____codiciI to the last Will and Testament of .....-.--.....--~~~..M~~~~nGh_~~__~9P.E??...____
Dated __.~91?1'!.?_______ late oL...-..__....~~~??__M:~.~.~.~.~__!.~.~.'?:~J?___.._..__ Cumberland County, Penna.,
deceased whQ being duly .~~--__.__._ according to law, depose and say, that J?-~_.~~~.~,
~e t~~ testa.t:r.~_......, nn~~~..Mg9;'~~_~~...;J:9.~~%ign. seal, publish, pronounce
and declare the said instrument of writing as and for a _~~r~t_ codicil to h~r__ --__..Testament and
Last Will, and at the time of so doing _..__~tl.~.n__was of sound and disposing mind, memory and un-
derstanding, to the best of .__..n__h.t~ knowledge, observation and belief.
.:~/!!!~:..~&.::.:......:.....
..___~<?.~..........._n...__..__...n\ and subscribed before
I t.
...\......~ .0 .. ..... _...~.....__.. Register.
........-...........................................................................---....--...-..................--..............-..
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CODICIL
CUMBERLAND COUNTY, ss:
This __.__._..____....hl..~:._..__h...h...._. day of ..___..__...A~~.t.__..___.._..... ._...___._.._.._..___..._.. A. D., 196._??..,
before me ____._.J~;i,QhahQ.__E_.___AnQ.~X'~QJL.___.._...___.,-..-...--.---.--...-..h-' Register for the Prabate of Wills
and granting letters of Administration in and for said County of Cumberland, in the Common-
wealth of Pennsylvania, personally came .. ..<!<?~_.~~~~~__~~~_.__.......___.._.___.._.__......__..._..__..._.-.. ....h...
_._..__.....__......____..__the subscribing witnesses to the foregoing instrument of writing purporting to be a
First . . . Sarah McCrea Chapnan Jones
._._._...._____.....COdICll to the last WIll and Testament of .....----......--.--..- ..-----.--.---...-........-.-.....................
Dated ..JQ/fd7.7._______ late of_......W~~:r.._~t.:t.nJ~.J::Q~~h;i,p...__.____._....._ Cumberland County, Penna.,
deceased who being duly .h..Sw9X'P.-..___ according to law, depose and say, that _..___~E?_~__ present,
saw and heard the testa.~~~__...__, .___.~~~..~~~g!_:~~__~~..~~~~~ign. seal, publish, pronounce
and declare the said instrument of writing as and for a .JJX.!?-t codicil to h.....~~_._.Testament and
Last Will, and at the time of so doing ..s.b.e...._____was of sound and disposing mind, memory and un-
derstanding, to the best of ___.h~~..__. knowledge, observation and belief.
.n......&Dm..nnn 000000000000 ~ su~~lbed ~ore
........ .. ... .......__......_........___..........___. ......__.___.. RegIster.
~rse /~ ( C..v - <JW
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CODICIL
CUMBERLAND COUNTY, ss:
This ....................,__...,:..._._._....__.___ day of ---.-----..--__..._.....~~~_~.~____ __.._____..__._.._____._.__ A. D., 19~~_____,
before me __...~~.C?:~~_.~:...~~~~~~!'!..____.___.....__.,.____.___._.________._.__, Register for the Probate of Wills
and granting letters of Administration in and for said County of Cumberland, in the Common-
wealth of Pennsylvania, personally came ._J~~._~'?~~~!_..!.~.~.._~~_.~~__!:__.Y!~~~~~~!'_..__... .._...__
___.________._______________the subscribing witnesses to the foregoing instrument of writing purporting to be a
Fourth . . .' Sarah McCrea Chapnan Jones
_.____..___......._.COdICIl to the last WIll and Testament of __...____.___..._.._.__ __._________._____..____d.________.__... ___..____
Dated __i!~~y.__~~.!.}.~Ih\e of..u~~~}~~~~!:J:.P..__::!'~~~p..~P.__.._._____.____.. Cumberland County, Penna.,
deceased who being duly ____.~~.u.. according to law, depose and say, that __.__._____~~~y._ ~WSent,
saw and heard the testa:tr~........, ..~;:u.;~__MgQr~~..~~.__<!9..I)..E?9..sign. seal, publish, pronounce
and declare the said instrument of writing as and for a .~~~~codicil to hE?~_.._._Testament and
Last Will, and at the time of so doing __...;:?h~.____was of sound and disposing mind, memory and un-
derstanding, to the best of _..!:h-~~~__ knowledge, observation and belief.
~. "~.":'-'. ""1c"!""'l
.. and subscribed before
...fk. u~u.k.<.C~0-~...~Zp1vt:.. ........-.....
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4
LAST WILL AND TESTAMENT
OF
SARAH MC CREA CHAPMAN JONES
I, Sarah McCrea Chapman Jones, a resident of Lower Mifflin
Township, Cumberland County, Pennsylvania, do make, publish and
declare this to be my Last Will and Testament and do hereby
revoke and cancel all Wills and Codicils heretofore made by me.
FIRST: I direct that all my just debts and funeral expenses
be paid by my Executors, hereinafter named, as soon after my
death as may be convenient.
SECOND: I direct that all legacy, inheritance, succession,
transfer and estate taxes levied or lawfully assessed upon or
with respect to any property or any interest in property, legal
or equitable, which is included as part of my gross estate for
the purpose of any such tax, shall be paid by my Executors out
of my estate in the same manner as an expense of administration
and shall not be pro-rated or apportioned among or charged
against the respective devisees, legatees, beneficiaries,
transferees or other recipients of any such property, nor
charged against my property passing or which may have passed
to them or any of them, other than such property that would
otherwise constitute a part of my residuary estate, and that
my Executors shall not be entitled to contribution or reim-
bursement for any portion of any such tax from any such person,
any statute or rule of law to the contrary notwithstanding.
THIRD: I give, devise and bequeath Five Thousand ($5,000.00)
Dollars to the Farmers Trust Company and John McCrea III, in
trust nevertheless, to pay the net income therefrom to Elizabeth
Norcross McCrea during her life and upon her death to treat the
principal of said trust as other residue of the estate
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FOURTH: I give, devise and bequeath Twenty Thousand
($20,000.00) Dollars to the Farmers Trust Company and John
McCrea III, in trust nevertheless, to pay the net income there-
from and so much of the principal as they, in their sole
discretion, deem necessary for the car~ maintenance and support
of Katherine Jane McCrea Morris, for life, and thereafter, to
pay, upon the same terms, to her husband, John Morris, Jr.,
for his life, if she should predecease him. Upon termination
of this trust, the residue therefrom is to be paid to the then
surviving children of Katherine Jane McCrea Morris, in equal
shares, an~ if there are at that event no surviving children,
then the residue of said trust is to be treated as other residue
of this estate.
FIFTH: I give, devise and bequeath Ten Thousand ($10,000.00)
Dollars to each of the following persons: John E. Morris III, Jane
McCrea Morris, Margaret Catherine McCrea Blaze, Jean Shannon
McCrea Heckman, Rebecca Sleichter McCrea Smith, and John McCrea III.
Members of the family who are not mentioned in this instrument
have received gifts during my lifetime.
SIXTH: I give, devise and bequeath One Thousand ($1,000.00)
Dollars to each of the children of the persons named in paragraph
FIFTH of this instrument.
SEVENTH: I cancel the note and loan of $800.00 secured
thereby which was made in 1938 to John McCrea and W.H. McCrea, Jr.,
at the time of their purchase of the Old Stone Huntaberger Hotel
in Newville, Pennsylvania, plus any interest due therefrom.
EIGHTH: I give, devise and bequeath my inheritance from
my MOther's estate (deceased 1961) to the children of John McCrea,
share and share alike.
NINTH: I give, devise and bequeath One Thousand ($1,000.00)
Dollars to Miss Dora David, formerly President of Sarah Tucker
College, India.
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TENTH: I give, devise and bequeath One Thousand ($1,000.00)
Dollars to Doctor Anna Zachariah, formerly President of Madras
Women's Christain College, India.
ELEVENTH: I give, devise and bequeath One Thousand ($1,000.00)
Dollars to Mark Heberlig and Margaret Heberlig, or the survivor
of them.
TWELFTH: I give, devise and bequeath One Thousand ($1,000.00)
Dollars to Fred Heckman.
THIRTEENTH: I give, devise and bequeath One Thousand ($1,000.00)
Dollars to Alberta Boldosser.
FOURTEENTH: I give, devise and bequeath One Thousand ($1,000.00)
Dollars to my niece, Hazel M. Chapman.
FIFTEENTH: I give, devise and bequeath One Thousand ($1,000.00)
Dollars to The Reverend Doctor Ronald Wiley and Alberta Wiley, his
wife, or the survivor of them.
SIXTEENTH: I give, devise and bequeath to my grandson,
Henry Lewis Chapman, the Chapman Grandfathers Clock, Chapman
large carved oak cabinet, Goddard-type desk, all now located
in Chapman Lodge, and one of my silver services.
SEVENTEENTH: I give, devise and bequeath to my granddaughter,
Katherine Stacy Chapman, the Powell Grandfathers Clock, now
located in the home of Alfred M. Chapman, Ardmore, Pennsylvania,
and one of my silver services.
EIGHTEENTH: I give, devise and bequeath to my granddaughter,
Karen Elizabeth Chapman, the Grandfathers Clock, now located
at Ziegler's Storage Warehouse, the antique walnut tiptop table,
which was a wedding gift from my parents, and one of my silver
services
NINETEENTH: I give, devise and bequeath to the Farmers
Trust Company and John McCrea III, in trust nevertheless, my
country house known as Chapman Lodge and its contents, together
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with the land adjacent thereto, Lower Mifflin Township, Cumber-
land County, Pennsylvania, containing 19 acres, more or less, for
the benefit and use of my son, Alfred McCrea Chapman, as long as
he lives or as long as he has any need for it. At his death
or whenever the benefit to him ends, then my Trustees herein
shall continue to hold the property for the use and benefit of
the children of Alfred McCrea Chapman, and for the use and
benefit of the children of John McCrea and the children of
Katherine Jane McCrea Morris, until the youngest child of Alfred
McCrea Chapman reaches the age of Twenty-one years, at which
time my Trustees are to convey said property for life to the
children of Alfred McCrea Chapman, as joint life tenants. At
the termination of the life estates, or after renunciation
thereof, or if there are no children of Alfred McCrea Chapman
living at the termination of this trust, then said property
shall pass in remainder to St. Johns Episcopal Church, Carlisle,
Pennsylvania.
'v
TWENTIETH: I give, devise and bequeath to the Farmers
Trust Company and John McCrea III, Thirty-five Thousand ($35,000.00)
Dollars, in trust nevertheless, to use the income and so much
of the principal as they in their discretion deem necessary for
the upkeep, maintenance, repair, and taxes of Chapman Lodge and
its adjacent acreage, during the term of the trust created in
paragraph NINETEENTH. When that trust terminates, then the residue
of this trust shall be treated as other residue of this estate.
TWENTY-FIRST: I give, devise and bequeath to Brown
University Ten Thousand ($10,000.00) Dollars, to expend the
income therefrom for scholarships and to be known as the Alfred
McCrea Chapman scholarships.
TWENTY-SECOND: I give, devise and bequeath to Lawrenceville
School, Lawrenceville, New Jersey, Five Thousand ($5,000.00)
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Dollars, to expend the income therefrom for scholarships, and
to be known as the Alfred McCrea Chapman scholarships.
TWENTY-THIRD: I give, devise and bequeath to St. Thomas
Episcopal Choir School, West Fifty-fifth Street, New York City,
Five Thousand ($5,000,00) Dollars, to expend the income there-
from for scholarships and to be known as the Alfred McCrea
Chapman scholarships.
TWENTY-FOURTH: I give, devise and bequeath to St. Lukes
Episcopal Church, Newton, Bucks County, Pennsylvania, Five
Thousand ($5,000.00) Dollars, to expend the income therefrom
for general church purposes and to be known as the Alfred Madison
Chapman Fund.
TWENTY-FIFTH: I give, devise and bequeath to the Trinity
Episcopal Church, Wilmington, Delaware, One Thousand ($1,000.00)
Dollars to expend the income therefrom for flowers during the
month of January in memory of Joseph Holton Jones.
TWENTY-SIXTH: I give, devise and bequeath to the Domestic
and Foreign Missionary Society of the Episcopal Church at 815
Second Avenue, New York City, for the benefit of the Sarah Tucker
College of Palayamkottai, Madra State, South India, One Thousand
($1,000.00) Dollars.
TWENTY-SEVENTH: I give, devise and bequeath to the National
Trust of Scotland One Thousand ($1,000.00) Dollars, to pay the
income therefrom for the upkeep and maintenance of the Kintail
Trust Property and to be known as the Sarah McIlvaine McCrea
Jones Fund.
TWENTY-EIGHTH: I give, devise and bequeath One Thousand
($1,000.00) Dollars to the Directors of the John Graham Library
Association, Newville, Pennsylvania, and to be known as the
Sarah McCrea Chapman Jones Fund.
TWENTY-NINTH: I give, devise and bequeath One Thousand
($1,000.00) Dollars to the Hamilton Library and Cumberland
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County Historical Association, Carlisle, Pennsylvania, for
general purposes, to be known as the John McCrea Fund.
THIRTIETH: I give, devise and bequeath to St. Johns
Episcopal Church, Carlisle, Pennsylvania, One Thousand ($1,000.00)
Dollars.
THIRTY-FIRST: I give, devise and bequeath to the First
United Presbyterian Church, Newville, Pennsylvania, One Thousand
($1,000.00) Dollars.
THIRTY-SECOND: I give, devise and bequeath to the Holy
Trinity Episcopal Church, Philadelphia, Pennsylvania, One Thousand
($1,000.00) Dollars.
THIRTY-THIRD: I give, devise and bequeath to St. Andrews
Episcopal Church, Yardley, Pennsylvania, One Thousand ($1,000.00)
Dollars.
THIRTY-FOURTH: I give, devise and bequeath to the Episcopal
Diocese of Central Pennsylvania Five Thousand ($5,000.00) Dollars
for the Endowment Fund, to be known as the Sarah McCrea Chapman
Jones Fund.
THIRTY-FIFTH: I give, devise and bequeath to Villore
Medical College and Hospital in India One Thousand ($1,000.00)
Dollars.
THIRTY-SIXTH: I give, devise and bequeath to Nepal Hospital
Fund, Kathmandu, One Thousand ($1,000.00) Dollars.
THIRTY-SEVENTH: I give, devise and bequeath to the
Episcopal Home for the Aged, Shippensburg, Pennsylvania, One
Thousand ($1,000.00) Dollars.
THIRTY-EIGHTH: I give, devise and bequeath to Dickinson
College, Carlisle, Pennsylvania, Five Thousand ($5,000.00)
Dollars, to expend the income therefrom for scholarships and
to be known as the Barbara Snyder McCrea scholarships.
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THIRTY-NINTH: I give, devise and bequeath to the Dickinson
School of Law, Carlisle, Pennsylvania, One Thousand ($1,000.00)
Dollars.
FORTIETH: Twenty per cent (20%) of the rest, residue and
remainder of my estate, be it real, personal or mixed, I give,
devise and bequeath to the Farmers Trust Company and John McCrea
III, in trust nevertheless, to payout of the income and so much
of the principal as they, in their sole and absolute discretion,
deem necessary, for the care, maintenance and support of my son,
Alfred McCrea Chapman, for life; and, in addition, to payout of
the income and so much of the principal as their absolute dis-
cretion deems necessary, for the care, maintenance, support and
education (secondary, college, and graduate) of the children of
Alfred McCrea Chapman, until all the children have either attained
the age of twenty-one years, or completed their education, which-
ever later occurs.
My trustees are to have the broadest discretionary powers
with regard to the distribution of income and principal without
need for equality of amount between or among beneficiaries and
without recognition of intestacy proportions. My trustees may
convert any and all of the trust assets at either public or private
sale and reinvest the same in whatever securities or real estate
they in their sole discretion, deem advantageous to the trust.
Said investments may include the stock of the Farmers Trust
Company.
Upon the termination of this trust I give, devise and be-
queath to each of my grandchildren, Henry Lewis Chapman, Katherine
Stacy Chapman, and Karen Elizabeth Chapman, one third of the then
balance. If any or all grandchildren are deceased at the payment
of this bequest, and leave issue them surviving, then each
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deceased grandchild's share is to be paid to his issue, share
and share alike. If any deceased grandchild does not leave
issue him or her surviving, then his or her share is to be paid
to my grandchildren who survive him or her, or their issue, the
grandchildren to take equal shares, and the issue to take, per
stirpes, the share their deceased parent would have taken had
he or she survived. If no grandchildren, and no issue of grand-
children, survive at the time of the payment of this bequeath,
then it shall be treated as part of the residue of this estate.
FORTY-FIRST: All the rest, residue and remainder of my
estate, be it real, personal or mixed, I give, devise and be-
queath to Farmers Trust Company and John McCrea III in Trust
and confidence. This Trust shall be known as the tlCharitable
Remainder Trust" and the net income, principal thereof shall be
disposed of as hereinafter provided:
(A) My Trustees shall pay to my son Alfred McCrea
Chapman for life, in each taxable year of the trust, in
such installments as may be convenient, but not less
often than annually a sum equal to 5 per cent of the
net fair market value of the trust assets determined
annually. On my son Alfred's death, my Trusteees shall
transfer the then principal of the trust (including all
accumulated income) in the following proportions:
(1) To Dickinson College, three-tenths (3/10)
for the same purposes and on the same conditions
set forth in Paragraph Thirty-eight.
(2) To Brown University, three-tenths (3/10)
for the same purposes and on the same conditions
set forth in Paragraph Twenty-First.
(3) To The National Trust for Scotland,
one-tenth (thO) for the same purposes and on
page eight of ~pages
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Trustees shall transfer it to an organization described
in 170 (C).
(E) This trust is intended to qualify as a charitable
remainder unitrust as defined in Section 664(d) (1) and to
be administered so that the trust shall qualify for the tax
exemption provided under that section of the Internal Revenue
Code.
(F) My Trustees shall not engage in any act of self
dealing as defined in Section t'+9La(d) of the.. Internal Revenue
Code of 1954, or corresponding provisions of any subsequent
Federal tax laws, and shall not make any taxable expenditures
as defined in Section 4945(d) of the Internal Revenue Code of
1954, or corresponding provisions of any subsequent Federal
tax laws. After the death of my son Alfred and until the
actual termination of this trust, my Trustees shall not retain
any excess business holdings as defined in Section 4943(c) of
the Internal Revenue Code of 1954, or corresponding provisions
of any subsequent Federal tax laws; shall not make any invest-
ments in such manner as to subject the trust to tax under
Section 4944 of the Internal Revenue Code of 1954, or corre-
sponding provisions of any subsequent Federal tax laws; and
shall distribute income and if necessary principal, at such
time and in such manner as may be required so that the
trust shall not become subject to the tax on undistributed
income imposed by Section 4942 of the Internal Revenue Code
of 1954, or corresponding provisions of any subsequent
Federal tax laws. The purpose of this paragraph (6) is to
comply with the provisions of Section 508(e) of the Internal
Revenue Code, to the extent applicable to this trust.
(e) In the case of a taxable year which is for a period
of less than 12 months (other than the taxable year in
which Alfred dies) the amount to be distributed under (1)
above shall be that amount multiplied by a fraction, the
page ten of 12 pages
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numerator of which is the number of days in the tax-
able year of the trust and the denominator of which is
365 (366 if February 29th is a day included in the
numerator). If no valuation date occurs before the end
of the taxable year of the trust, the trust assets shall
be valued on the last day of the taxable year of the trust.
(H) In the case of the taxable year in which Alfred
dies, the amount to be distributed under (1) above shall
be that amount multiplied by a fraction, the numberator of
which is the number of days between the beginning of such
taxable year and the end of such period and the denominator
of which is 365 (366 if February 29th is a day included in
the numerator). If no valuation date occurs before the end
of this period, the trust assets shall be valued on the
last day of such period.
FORTY-SECOND: I direct that my grandchildren named as bene-
ficiaries of my Last Will and Testament be permitted, insofar as
they may unanimously agree, to select in kind from my personal
property not specifically devised such items as each of them
may want, with the provision that said items shall be taken at
their appraised value and charged against grandchild's bequest.
FORTY-THIRD: I direct that all advancements of money or
property made by me in my lifetime to specific legatees, both
individual and charitable, and charged or noted by me hereon, or
on my books of account or cancelled checks and check registers
as such advancements, shall be taken and counted as part of
such legacies in this estate under this instrument.
FORTY-FOURTH: In the event my estate shall be insufficient
to pay in full all my specific bequests, then, in that event, my
bequests set forth in paragraphs TWENTY-FIRST through THIRTY-NINTH,
inclusive, which are to charitable, historical and educational
institutions shall abate first. In the event there are not suffi-
cient funds in my estate to pay such charitable, historical and educational
page eleven of ~pages
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bequests in part, then, said bequests shall share proportionately.
FORTY-FIFTH: I nominate the Farmers Trust Company and
John McCrea III as the Executors of this my Last Will and
Testament.
IN WITNESS WHEREOF, I, the said Sarah McCrea Chapman Jones,
have hereunto set my hand and seal to this my Last Will and
Testament, written on twelve sheets of paper, each of which is
signed by me on the bottom margin, this r~day of September, 1976.
X~~~~:lf~p~~~- ~
This instrument was by the Testatrix, Sarah McCrea Chapman Jones,
on the date hereof, signed, published and declared by her to be her
Last Will and Testament, in our presence, who, at her request, and
in her presence and in the presence of each other, we believing her
to be of sound and disposing mind and memory have hereunto sub-
scribed our names as witnesses.
page twelve of ~pages
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the same conditions set forth in Paragraph
Twenty-Seventh.
(4) To the Episcopal Diocese of Central
Pennsylvania, three-tenths (3/10) for the
same purposes and on the same conditions set
forth in Paragraph Thirty-Fourth.
(B) In case the net fair market value of the assets
of this trust is incorrectly determined, my trustees
shall pay to my son Alfred, in case of any undervalua-
tion, or be repaid by him, in the case of an overvaluation,
an amount equal to the difference between the amount which
my trustees should have paid if the correct value were used
and the amount which my trustees actually paid within a
reasonable period after the final determination of such
value.
(C) If my Trustees accept additional contributions, for
purposes of the taxable year in which the additional con-
tribution is made and where no valuation date occurs after
the time of the contribution in the taxable year when the
contribution is made, the additional property shall be
valued at the time of the contribution and the amount
described in (1) above computed by multiplying 5% by
the sum of the net fair market value of the trust assets
(excluding the additional contribution and any apprecia-
tion or earned income attributable thereto) and that pro-
portion of the additional contribution plus earned income
and appreciation, which the number of days, including the
day of transfer, remaining in the taxable year bears to the
total number of days in that taxable year.
(D) If at the time any interest is to be irrevocably
transferred to a Charity under (A) above, that Charity is
not an organization described in 170 (C) I.R.C., then in
lieu of transferring such interest to said Charity my
page nine of ~pages
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McCREA & DAVIS
ATTORNEYS AT LAW
NEWVILLE & SHIPPENSBURG
PENNA.
FIRST CODICIL TO LAST WILL AND TESTAMENT
OF SARAH McCREA CHAPMAN JONES
KNOW ALL MEN BY THESE PRESENTS THAT I, SARAH McCREA CHAPMAN JONES, of
Lower Mifflin Township, Cumberland County, Pennsylvania, do make, publish
and declare this as a Codicil to my Last Will and Testament dated September
?rl
, 1976.
FIRST: I revoke paragraph FOURTEENTH of my said will, as that bequest
has been paid during my lifetime.
SECOND: I revoke paragraph FIFTH of my said will. In lieu thereof and
as paragraph FIFTH I substitute the following: FIFTH: I give, devise and
bequeath Twenty Thousand ($20,000.00) Dollars to each of the following persons:
John E. Morris, III, Jane McCrea Morris, Margaret Catherine McCrea Blaze,
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Jean Shannon McCrea Heckman, Rebecca Sleichter McCrea Smith, and John McCrea
III. Members of the family who are not mentioned in this instrument received
gifts during my lifetime.
THIRD: The silver tea service devised to Henry Lewis Chapman in para-
graph SIXTEENTH of my Last Will is the flat tea service, being a service for
twelve. The silver tea service devised to Kathryn Stacy Chapman in paragraph
SEVENTEENTH of my said will is the service now in the possession of Betty Lou
Leedom Chapman. The silver tea service devised to Karen Elizabeth Chapman in
paragraph EIGHTEENTH of my said will is the table service for eight having a
'-
lily of the valley pattern.
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FOURTH: I revoke paragraph FORTY-FIRST of my said will. In lieu thereof,
and as paragraph FORTY-FIRST, I substitute the following: FORTY-FIRST: All
the rest, residue and remainder of my estate, be it real, personal or mixed,
I give, devise and bequeath to Farmers Trust Company and John McCrea III in
Trust and confidence. This Trust shall be known as the "Charitable Remainder
Trust'! and the net income, principal thereof shall be disposed of as herein-
after provided:
(A) My Trustees shall pay to my son Alfred McCrea Chapman for
life, in each taxable year of the trust, in such installments as may
be convenient, but not less often than annually a sum equal to five
percent of the net fair market value of the trust assets determined
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McCREA & DAVIS
ATTORNEYS AT LAW
NEWVILLE & SHIPPENSBURG
PENNA.
annually. On my son Alfred's death, my Trustees shall transfer the
then principal of the trust (including all accumulated income) in the
following proportions:
(1) To Dickinson College, one-tenth (1/10) for the
same purposes and on the same conditions set forth in
Paragraph Thirty-eight.
(2) To Brown University, three-tenths (3/10) for the
same purposes and on the same conditions set forth in
Paragraph Twenty-first.
(3) To The National Trust for Scotland, one-tenth
(1/10) for the same purposes and on the same conditions set
forth in Paragraph Twenty-seventh.
(4) To the Episcopal Diocese of Central Pennsylvania,
three-tenths (3/10) for the same purposes and on the same
conditions set forth in Paragraph Thirty-fourth.
(5) To the Dickinson School of Law, Carlisle,
Pennsylvania, two-tenths (2/10) for the same purposes and
on the same conditions set forth in Paragraph Thirty-ninth.
(B) In case the net fair market value of the assets of this trust
is incorrectly determined, my trustees shall pay to my son Alfred, in
case of any undervaluation, or be repaid by him, in the case of an over-
valuation, an amount equal to the difference between the amount which
my trustees should have paid if the correct value were used and the
amount which my trustees actually paid within a reasonable period after
the final determination of such value.
(C) If my Trustees accept additional contributions, for purposes
of the taxable year in which the additional contribution is made and
where no valuation date occurs after the time of the contribution in
the taxable year when the contribution is made, the additional property
shall be valued at the time of the contribution and the amount described
in (1) above computed by multiplying 5% by the sum of the net fair
market value of the trust assets (excluding the additional contribution
and any appreciation or earned income attributable thereto) and that pro-
-2-
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McCREA & DAVIS
ATTORNEYS AT LAW
NEWVILLE & 5HIPPENSBURG
PENNA.
portion of the additional contribution plus earned income and appreciation
which the number of days, including the day of transfer, remaining in the
taxable year bears to the total number of days in that taxable year.
(D) If at the time any interest is to be irrevocably transferred
to a Charity under (A) above, that Charity is not an organization
described in 170 (C) I.R.C., then in lieu of transferring such interest
to said Charity my Trustees shall transfer it to an organization de-
scribed in 170 (C).
(E) This trust is intended to qualify as a charitable remainder
unitrust as defined in Section 664(d) (1) and to be administered so that
the trust shall qualify for the tax exemption provided under that section
of the Internal Revenue Code.
(F) My Trustees shall not engage in any act of self dealing as
defined in Section 4941(d) of the Internal Revenue Code of 1954, or
corresponding provisions of any subsequent Federal tax laws, and shall
not make any taxable expenditures as defined in Section 4945(d) of the
Internal Revenue Code of 1954, or corresponding provisions of any sub-
sequent Federal tax laws. After the death of my son Alfred and until
the actual termination of this trust, my Trustees shall not retain any
excess business holdings as defined in Section 4943(c) of the Internal
Revenue Code of 1954, or corresponding provisions of any subsequent
Federal tax laws; shall not make any investments in such manner as to
subject the trust to tax under Section 4944 of the Internal Revenue Code
of 1954, or corresponding provisions of any subsequent Federal tax laws;
and shall distribute income and if necessary principal, at such time and
in such manner as may be required so that the trust shall not become
subject to the tax on undistributed income imposed by Section 4942 of
the Internal Revenue Code of 1954, or corresponding provisions of any
subsequent Federal tax laws. The purpose of this paragraph (6) is to
comply with the provisions of Section 508(e) of the Internal Revenue
Code, to the extent applicable to this trust.
(G) In the case of a taxable year which is for a period of less
than 12 months (other than the taxable year in which Alfred dies) the
-3-
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McCREA & DAVIS
ATTORNEYS AT LAW
NEWVILLE & SHIPPENSBURB
PENNA.
amount to be distributed under (1) above shall be that amount multiplied
by a fraction, the numerator of which is the number of days in the taxable
year of the trust and the denominator of which is 365 (366 if February
29th is a day included in the numerator). If no valuation date occurs
before the end of the taxable year of the trust, the trust assets shall
be valued on the last day of the taxable year of the trust.
(H) In the case of the taxable year in which Alfred dies, the
amount to be distributed under (1) above shall be that amount multiplied
by a fraction, the numerator of which is the number of days between the
beginning of such taxable year and the end of such period and the
denominator of which is 365 (366 if February 29th is a day included in
the numerator). If no valuation date occurs before the end of this
period, the trust assets shall be valued on the last day of such period.
FIFTH:
In all
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other respects I reaffirm and republish my said will of
September
1976.
IN WITNESS WHEREOF, I have executed this first Codicil to my Last Will
and Testament consisting of four (4) typewritten pages by affixing my
signature and seal to each page and to the bottom of this last page this
/
,:) day of October, 1977.
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SARAH McCREA CHAPMAN J NES
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The writing contained on these sheets were signed and sealed by the
above-named Sarah McCrea Chapman Jones and by her published and declared as
and for a first Codicil to her Last Will and Testament dated September
1976, in the presence of us who hereunto subscribed our names as witnesses
at her request, in her presence and in the presence of each other the ~
day of October, 1977.
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McCREA & DAVIS
ATTORNEYS AT LAW
NEWVILLE & SHIPPENSBURG
PENNA.
r
FOURTH CODICIL TO LAST WILL AND TESTAMENT
OF SARAH McCREA CHAPMAN JONES
KNOW ALL MEN BY THESE PRESENTS that I, SARAH McCREA CHAPMAN JONES, of
Lower Mifflin Township, Cumberland County, Pennsylvania, do make, publish,
and declare this as a Fourth Codicil to my Last Will and Testament dated
September
1tL
, 1976.
FIRST: I hereby revoke my Second Codicil, dated January 7, 1978.
SECOND: I hereby revoke my Third Codicil, dated May 2, 1978.
THIRD: I revoke paragraph EIGHTH of my said will. In lieu thereof and
as paragraph EIGHTH, I substitute the following: EIGHTH: I give, devise and
bequeath my inheritance from my mother's estate (deceased 1961) to the
following: John McCrea III, one-fifth; Rebecca Sleichter McCrea Smith, one-
fifth; Jean Shannon McCrea Heckman, one-fifth, Margaret McCrea Blaze, one-
fifth; the remaining one-fifth from said inheritance to be used for surveying
cost of land, fences or enclosures, tree planting, and clearing said parcel
of land recently acquired from the estate of Katherine Jane Weist McCrea
(this one-fifth to include new surface for roadway and all expenses relative
to acquiring said new parcel of land; any balance to become a part of the
residue of my estate).
This legacy will be subject to my share of settling the estate which
includes legal fees of $4,507.00 already paid to William F. Martson, P.C.
and other items which are not listed herein which are yet to be paid.
FOURTH: In all other respects, I reaffirm and republish my said will
of September
<itL
1976.
and testament, consisting of one (1)
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IN WITNESS WHEREOF, I have executed this Fourth Codicil to my last will
signature and seal to this page this
typewritten page by affixing
(ILl It! day of July, 1978.
my
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Sarah McCrea Chapman Jones'
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II
The writing contained on these sheets was signed and sealed by the
above-named Sarah McCrea Chapman Jones and by her published and declared
and for a Fourth Codicil to her Last Will and Testament dated September
1976, in the presence of us who hereunto subscribed our names as witnesses;
at her request, in her presence and in the presence of each other the lilt{
day of July, 1978. /.........
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