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HomeMy WebLinkAbout08-07-78 ,.- .... No. ,1-78 ,7 IJ r,~ ""itt-.:,.;." 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 '. li I U 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 .. ............. .'.. ....1 ~'~:'.~'-<~';...:.................... '....... . ., .. i. ~'.... ... ..... .~.. .9.:!2w.~. ~............................... ...... . ......~jL..~~5L................ o Z $ ell .+oJ 00 ~ :"Ci :Q) :00 : ell 'Q) :c; :Q) :0 u.. rn: 0': 0): s::: 1>-: 0 0: ~.:: ""':>: ~~ ~ ...J 0 Pi: 0 ...J ell' o:l O~ .- .- c' ..... ~ C\l: l?; E, 0): r,' ()~ s:: ..... 0: ~ ::E: Q) -.) ~ C\i ~~ 1-< ('~ 0 ::j;, ~~ c; Q) rIJ 1-< Q) ~ b() s:: ell ct$ ~ DECREE C( : l'- : 0) ...-1- "'~ ~) ~'f ,,: r~-: ; .p: (i: 00 '" I - t~ r~: ; ): <- : o Z ~ Q) .- ~ 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. l / .... .. r. . .. .. -:::.. . .. .. .. . 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 1 ; , I 'i 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 '-""') ,A~ tF) 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. ........-...........................................................................---....--...-..................--..............-.. ~... 'l .<< , ~ 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 :::U.::..~~::::.::::::::':~.='::::: p"", .<r 4 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:.. ........-..... ; J ,\ ,/ / ,,' / 1'1 y -" /" /.. ," ... . ~c.f.....ti--:...t:.::...:.~-::-:-t:..-..-. ..:"S<-.~.~:._..... <--. :., ry r i }-J ) , ~ ~ j- ~ ~ '>( ~ \J ~ -"- \ ~~ ~ 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 page one of ~pages r,." j ~ ) J ~ ~ ~ J J ~ C J J ~ 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. page two of 1Z-pages ,..- 1 J ~ ~ j 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 page three of V2 pages ~-\~~ \ j \.l ~ ~ ~ ~ " ~ "- r=: ;- .~ J 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) page four of &pages -. ,-).\."'1 { ~ J J ~ ~ j 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 page five of ~pages -r~~ \ J ~ ~ j 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. page six of ll-pages " """"-,,, , \4 ~ 1 r Qj J ~ t. J J 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 page seven of 12 pages , ,r',' ...". r \j ~ ~ I J ~ ~ 1 ct 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 ",' .~ l ~1 j ~ ~ Qj J ~ t ~ ,J ~ ,y e-e 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 .. '!~ ~ ~ ~ o ~ ~ ~ J v ~ j ~ J 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 ?'~1 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 ., -:f': f'- r ~ ~ ~ J ~ ~, ~ ~ J 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 ~" .~) 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, ~ \~ 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. ~ J ~ 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 ~ ,fl" -: ..;'''' J .. -./ 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- ~"1:~ 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- ... ~~., 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 y~(; , 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. J<kJ, .J!,jn '{'u... ~,,<-<-. SARAH McCREA CHAPMAN J NES , I .yc~~I' 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. s:re A1~ Cuz~ ~ /( -~ V/CI4 . I'" i /, .,"j )_ -y ,//" ,'), ,I / ) /') ,-:1 ~/ _~.'_ . ~. ';-"":. 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) I I I i -.1 '")<:~~k. ( ~ (-SEAL)I;> I i I I as I I I I I i i I I 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 ~/(j;"jAtl L l)1 (l 'c':- tlc?'!; {i ( Sarah McCrea Chapman Jones' I I I I 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. /......... !,"" ~ '...' ~ :11.: ./ 1 ~ /vl <