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HomeMy WebLinkAbout12-12-80 (2) IN THE ORPHANS' COURT OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST AND FINAL ACCOUNT OF DAUPHIN DEPOSIT BANK AND TRUST COMPANY, EXECUTOR OF THE ESTATE OF KATHRYN S. BRACKETT LATE OF THE TOWNSHIP OF EAST PENNSBORO CUMBERLAND COUNTY, PENNSYLVANIA DATE OF DEATH: August 4, 1978 DATE OF ISSUANCE OF LETTERS: August 22, 1978 DATE OF ADVERTISING: Cumberland Law Journal September 22 and 29, 1978 October 3, 1978 The Patriot & Evening News September 19 and 26, 1978 October 3, 1978 ATTOHNEY: Rhoads, Sinon & Hendershot 410 North Third Street P. O. Box 1146 Harrisburg, PA 17108 UBER 87 f'/;GE 462 1979 Feb. May Aug. Oct. 1980 Feb. June July 15 15 12 28 FIRST AND FINAL ACCOUNT OF DAUPHIN DEPOSIT BANK AND TRUST COMPANY, EXECUTOR OF THE ESTATE OF KATHRYN S. BRACKETT, LATE OF THE TOWNSHIP OF EAST PENNSBORO CUMBERLAND COUNTY, PENNSYLVANIA PRINCIPAL RECEIPTS The Accountant charges itself with the Inventory and Appraisement as filed: ALSO WITH THE FOLLOWING: 12 Received - 3.324 Shares Massachusetts Investors Trust 16 Dividend: .739 Shares Pennsylvania Power & Light Company 24 Accrued income from William E. Brackett, Co-Trustee 1 Received from Pennsylvania Department of Revenue - Refund of 1978 State Income Tax 1 Dividend: 90 Shares Pennsylvania Power & Light Company as of 10/8/78 Cash found in Safe Deposit Box Additional funds transferred from Kathryn S. Brackett, Trustee Received - 6.348 Massachusetts Investors Trust as Reinvested Capital Gains Distribution 5 Gain on sale of 300 Shares of Liggett Group Inc., Common Realized Carried at $ 20,700.00 10,781.25 Gain on sale of 300 Rights from Southwestern Public Service $186,714.31 31.88 15.70 2,146.61 7.97 43.20 21. 00 5.82 68.75 9,918.75 29.29 TOTAL PRINCIPAL RECEIPTS $199,003.28 USER 87 P!,CE 463 1978 Aug. 17 22 28 28 Sept. 15 10 16 16 18 18 19 Nov. 3 Dec. PRINCIPAL DISBURSEMENTS Richard E. Anderson, Register of wills - Probate Will $ Five Short Certificates 77.00 5.00 $ 82.00 Landis Jewelers, Inc. - Examination and Appraisal of Jewelry 15.00 Blue Ridge Haven West - Institutional care from 4/13/78 to 8/4/78 1,254.63 Bell of Pennsylvania - final bill dated 8/18/78 2.52 Cumberland Law Journal - Cost of Advertising and Proof of Publication 10.00 Patriot News Company - Cost of Advertising and Proof of Publication 53.67 W. S. Dietich, M.D. - Professional services 30.00 Beane, Kost & Cole - Professional services 773.00 Rhoads, Sinon & Hendershot ~ Professional services rendered in drafting Mrs. Brackett1s Will 200.00 Richard E. Anderson, Register of wills - Cost of four Short Certificates 4.00 Gilbert w. parthemore, Funeral Horne - Funeral expenses 2,744.24 Richard E. Anderson, Register of wills - Payment of Pennsylvania Inheritance Tax $ Less: 5% Discount 8,075.00 8,500.00 425.00 17 Richard E. Anderson, Register of wills - One Short Certifi- cate 1. 00 21 Richard E. Anderson, Register of wills - Two Short Certifi- cates 2.0C 14 Holy Spirit Hospital - Hospitalization from 6/29/78 to 7/5/78 161. lC 14 Dauphin Deposit Bank and Trust Company - Reimbursement for telephone call 1. 21 15 Holy Spirit Hospital - Hospitalization from 3/29/78 to 4/13/78 391. OC UBER ':J7 P:;;~E 46! -2- 1978 Dec. 21 1979 Jan. May July 2 Sept. 24 Oct. 3 Nov. 8 Dec. 4 April 16 Oct. E. G. Hoover Company - Shipping of ring and postage to Cambridge, Massachusetts $ 5.00 1 Richard E. Anderson, Register of Wills - One Short Certificate 1. 00 2 Richard E. Anderson, Register of Wills - Cost of filing Inventory and Appraisement $ Statement of Debts and Deductions RCC 11. 00 5.00 3.00 3.00 3 Internal Revenue Service - Federal Estate Tax 7,661.00 7 Richard E. Anderson, Register of Wills - Pennsylvania Inheritance Tax 1,295.44 Internal Revenue Service - Federal Estate Tax 28.12 Richard E. Anderson, Register of Wills - Two Short Certificates 2.00 Cumberland Law Journal - Balance due on Advertising Estate and Proof of Publication 8.00 Richard E. Anderson, Register of Wills - One Short Certificate 1.00 9 Richard E. Anderson, Register of wills - One Short Certificate 1.00 9 Notary fees 11.00 Notary fees 4.00 Internal Revenue Service - 1979 U.S. Fiduciary Jncome Tax 2,330.00 16 Pennsylvania Department of Revenue for 1979 Pennsylvania Fiduciary Income Tax 104.00 9 Paid Division of Vital Statistics for two Death Certificates for William E. Brackett 6.00 9 Paid Mary C. Lewis, Register of Wills - Two Short Certificates 2.00 22 Loss on sale of 500 Shares American Telephone & Telegraph Co., 8.75% Thirty Year Debentures due 5/15/00 Carried at $ 507.81 Realized 356.87 150.91 RESERVED FOR PAYMENT OF THE FOLLOWING: Dauphin Deposit Bank and Trust Company - Executor's fee UBER 87 h'!Jt 4L5 8,468.5/ 1978 Aug. Sept. 15 Oct. .20 Nov. 1 Dec. 1979 Jan. 31 Rhoads, Sinon & Hendershot - Attorney's fee Reserve to file Account TOTAL PRINCIPAL DISBURSEMENTS INCOME RECEIPTS Interest: Dauphin Deposit Bank and Trust Company, Passbook savings Account Interest: Harris Savings Association, Optional Payment Savings Account Interest: Dauphin Deposit Bank and Trust Company, State- ment Savings Account Dividend: Massachusetts Investors Trust, Certificate of Beneficial Interest 3 Interest: Sun Federal Savings & Loan Association, 7.50% Certificate of Deposit, due 7/5/82 10 Dividend: Delmarva Power & Light Company 5 Interest: American Telephone & Telegraph Company, 8.75% 30 Year Debenture due 5/15/00 5 Interest: Cambridge Savings Bank 6% Term Deposit Certifi- cate due 8/10/80 5 Dividend: Southwestern Public Service Company 6 Dividend: Liggett Group Incorporated 12 Interest: Tennessee Valley Authority 6.375% Power Bonds due 11/1/92 12 Interest: U.S. Treasury 7.875% Notes due 5/15/86 13 Dividend: Warner Lambert Company 13 Dividend: Massachusetts Investors Trust, Certificate of Beneficial Interest 29 Interest: U.S. Savings Bonds Series H 2 Dividend: Dauphin Deposit Corporation U8ER 'J7 11M 405 -4- $ 4,000.00 250.00 $ 38,140.44 $ 1.11 70.19 16.65 22.62 49.35 32.00 12.28 174.79 96.00 187.50 15.40 506.97 57.60 25.29 150.00 43.45 1979 Jan. Feb. March April May 10 13 3 Dividend: Pennsylvania Power & Light Company 4 Dividend: American Telephone & Telegraph Company 5 Dividend: Texas Utilities Company 8 Income from Kathryn S. Brackett, Trustee Interest: Dauphin Deposit Bank and Trust Company, State- ment Savings Account 2 Dividend: Delmarva Power & Light Company 5 Interest: U.S. Savings Bonds Series H 7 Interest: Dauphin Deposit Bank and Trust Company, State- ment Savings Account 1 Dividend: Southwestern Public Service Company 6 Dividend: Liggett Group Incorporated Dividend: Warner Lambert Company 15 Interest: $50,000. u.s. Treasury Bills, due 3/15/79 3 Interest: Dauphin Borough Municipal Authority 4.625% Sewer Revenue Bonds, due 4/1/01 4 Dividend: Pennsylvania Power & Light Company 4 Dividend: Dauphin Deposit corporation 5 Dividend: Texas Utilities Company 6 Dividend: American Telephone & Telegraph Company 10 Interest: Dauphin Deposit Bank and Trust Company, Master Savings Account 19 Interest: $55,000. U.S. Treasury Bills due 4/19/79 30 Dividend: Delmarva Power & Light Company 1 Dividend: Massachusetts Investors Trust, Certificate of Beneficial Interest 2 Interest: U.S. Savings Bonds Series H 4 Interest: Philadelphia Electric Company, 6.5% First and Refunding Mortgage Bonds Series 3/1/93 -5- UBER :.;'7 rh'"L 4.0'7 $ 117.12 345.0C 38.00 1,507.16 74.99 34.50 300.00 22.09 96.00 187.50 57.60 1,128.50 46.26 170.34 43.45 41. OC 375.0C 68.6~ 510.6f 34.5( 24.0 150.0! 97.5! 1979 May June July Aug. Sept. 10 10 15 16 17 12 18 7 Dividend: Pennsylvania Power & Light Company Interest: American Telephone & Telegraph Company, 5.5% 30 Year Debenture Bonds due 1/1/97 Interest: Tennessee Valley Authority 6.375% Power Bonds due 11/1/92 Interest: U.S. Treasury 7.875% Notes due 5/15/86 Dividend: Pennsylvania Power & Light Company Interest: American Telephone & Telegraph Company, 8.75% 30 Year Debentures due 5/15/00 5 Dividend: Southwestern Public Service Company 6 Dividend: Liggett Group Incorporated Dividend: Warner Lambert Company Internal Revenue Service - Income Tax Re~und 2 Dividend: Dauphin Deposit Corporation 3 Dividend: Texas Utilities Company 3 Interest: American Telephone & Telegraph Company, 5.50% 30 Year Debentures Bonds due 1/1/97 6 Dividend: American Telephone & Telegraph Company 6 Dividend: Pennsylvania Power & Light Company 11 Interest: Dauphin Deposit Bank and Trust Company, Master Savings Account 19 Interest: $30,000. U.S. Treasury Bills due 7/19/79 31 Dividend: Massachusetts Investors Trust Certificate of Beneficial Interest 2 Dividend: Delmarva Power & Light Company 3 Interest: U.S. Savings Bonds Series H 16 Interest: $20,000. U.S. Treasury Bills due 8/16/79 4 Dividend: Liggett Group Incorporated 4 Dividend: Southwestern Public Service Company U8ER :J7 I"U: 403 -f\- $ 43.2C 82.5C 31. 88 905.64 99.17 21. 88 96.00 187.50 63.36 286.45 43.45 41. OC 82.5C 375.0C 167.2t 108. H 729.0[ 26. L 34.5[ 300.0! 480.61 187.5' 96.0 1979 Sept. 13 Oct. Nov. Dec. 1980 Jan. 21 18 30 Dividend: Warner Lambert Company Interest: Philadelphia Electric Company 6.5% First and Refunding Mortgage Bonds Series due 3/1/93 1 Dividend: 79 Shares Dauphin Deposit Corporation 1 Interest: Dauphin Borough Municipal Authority 4.625% Sewer Revenue Bonds due 4/1/01 2 Dividend: Pennsylvania Power & Light Company 3 Dividend: American Telephone & Telegraph Company 3 Dividend: Texas Utilities Company 3 Interest: Dauphin Deposit Bank and Trust Company, Master Savings Account Interest: $30,000. U.S. Treasury Bills due 10/18/79 Dividend: Massachusetts Investors Trust Certificate of Beneficial Interest 31 Dividend: Delmarva Power & Light Company 2 Interest: U.S. Savings Bonds Series H 2 Interest: U.S. Treasury Daily Repurchase Agreement to 9/30/79 5 Interest: Tennessee Valley Authority 6.375% Power Bonds due 11/1/92 15 Interest: U.S. Treasury 7.875% Notes due 5/15/86 19 Interest: American Telephone & Telegraph Company, 8.75% 30 Year Debentures due 5/15/00 3 Interest: Earnings on U.S. Treasury Daily Repurchase Agreement to 11/30/79 4 Dividend: Liggett Group Incorporated 4 Dividend: Southwestern Public Service Company 11 Dividend: Warner Lambert Company 12 Dividend: Massachusetts Investors Trust Certificate of Beneficial Interest 3 Interest: Earnings on U.S. Treasury Daily Repurchase Agreement to 12/30/79 U8ER:.;7 f"0t 403 $ 63.36 97.50 47.40 46.24 167.28 375.00 41.00 33.88 696.91 26.12 34.50 150.00 134.98 31.87 905.6'1 21.8f 346.7' 187.5( 96.0( 63.3! 29.2! 312.01 1980 Jan. Feb. March April 14 4 Dividend: American Telephone & Telegraph Company 4 Dividend: Texas Utilities Company 4 Dividend: Pennsylvania Power & Light Company 4 Dividend: Dauphin Deposit Corporation 4 Interest: $3,000. American Telephone & Telegraph Company, 5.50% 30 Year Debentures Bonds due 1/1/97 4 Interest: Dauphin Deposit Bank and Trust Company, Master Savings Account 1 Dividend: Delmarva Power & Light Company 1 Interest: U.S. Treasury Daily Repurchase Agreement to 1/31/80 5 Interest: U.S. Savings Bonds Series H Interest: U.S. Treasury Bills due 2/14/80 4 Dividend: Southwestern Public Service Company 4 Dividend: Liggett Group Incorporated 4 Interest: $3,000. Philadelphia Electric Company, 6.5% First and Refunding Mortgage Bonds Series due 3/1/93 4 Interest: U.S. Treasury Daily Repurchase Agreement to 2/29/80 11 Dividend: Warner Lambert Company 2 Dividend: American Telephone & Telegraph Company 2 Dividend: Texas Utilities Company 2 Dividend: Pennsylvania Power & Light Company 2 Dividend: Dauphin Deposit Corporation 2 Interest: $2,000. Dauphin Borough Municipal Authority 4.625% Sewer Revenue Bonds due 4/1/01 2 Interest: Dauphin Deposit Bank and Trust Company, Master Savings Account 2 Interest: U.S. Treasury Daily Repurchase Agreement to 3/31/80 U8ER 'J7 r)"Gt ~f;U -8- $ 375.0C 41.0C 167.28 47.40 82.50 9.59 37.00 330.64 325.00 957.52 96.00 187.50 97.50 424.37 63.3E 375.0C 44.0C 173.8' 47.4C 46.2' 2.7: 601. 7 1980 April 30 May June July Aug. 16 16 11 Dividend: Massachusetts Investors Trust Certificate of Beneficial Interest 1 Dividend: Delmarva Power & Light Company 2 Interest: U.S. Savings Bonds Series H 2 Interest: $1,000. Tennessee Valley Authority 6.375% Power Bonds due 11/1/92 2 Interest: U.S. Treasury Daily Repurchase Agreement Interest: $23,000. of U.S. Treasury 7.875% Notes due 5/15/80 Interest: $500. American Telephone & Telegraph Company, 8.75% Thirty Year Debentures due 5/15/00 3 Dividend: Liggett Group Incorporated, Common 3 Dividend: Southwestern Public Service Company, Common 3 Interest: U.S. Treasury Daily Repurchase Agreement Dividend: Warner Lambert Company 1 Interest: Dauphin Deposit Bank and Trust Company, Master Savings Account 2 Dividend: American Telephone & Telegraph Company, Capital 2 Dividend: Texas Utilities Company, Common 2 Dividend: Pennsylvania Power & Light Company, Common 2 Dividend: Dauphin Deposit Corporation, Common 2 Interest: $3,000. American Telephone & Telegraph Company, 5.50% Thirty Year Debentures due 1/1/97 2 Interest: Dauphin Deposit Bank and Trust Company, Master Savings Account 2 Interest: U.S. Treasury Daily Repurchase Agreement 29 Dividend: Massachusetts Investors Trust Certificate of Beneficial Interest 1 Dividend: Delmarva Power & Light Company 4 Interest: U.S. Treasury Daily Repurchase Agreement -9- UBH -.;7 1,<[ 4','1 $ 29.07 37.00 162.50 31. 88 662.68 905.62 21. 88 187.50 96.00 487.68 63.36 58.69 375.00 44.00 173.84 47.40 82.5C 1.6'/ 359.6, 29.0, 37.0f 457.5' 1980 Aug. Sept. Oct. Nov. Dec. 22 10 11 18 6 Interest: U.S. Savings Bonds Series H 2 Interest: U.S. Treasury Daily Repurchase Agreement 3 Dividend: Southwestern Public Service Company, Common 3 Interest: $3,000. Philadelphia Electric Company 6.5% First and Refunding Mortgage Bonds Series due 11/93 11 Dividend: Warner Lambert Company, Common 1 Interest: U.S. Treasury Daily Repurchase Agreement 2 Dividend: American Telephone & Telegraph Company, Capital 2 Dividend: Texas Utilities 2 Dividend: Pennsylvania Power & Light Company, Common 2 Dividend: Dauphin Deposit Corporation 2 Interest: Dauphin Municipal Authority 4.625% Sewer Revenue Bonds due 4/1/01 2 Interest: Dauphin Deposit Bank and Trust Company, Master Savings Account Interest: American Telephone & Telegraph Company, 8.75% Thirty Year Debentures due 5/15/00 3 Dividend: Delmarva Power & Light Company, Common 3 Interest: U.S. Treasury Daily Repurchase Agreement 5 Dividend: Massachusetts Investors Trust Certificate of Beneficial Interest 5 Interest: Tennessee Valley Authority 6.375% Power Bonds due 11/1/92 Interest: U.S. Treasury 6.50% Series H Savings Bonds due 5/1/94 Interest: U.S. Savings Bonds Series E at 6.00% Interest: U.S. Treasury 7.875% Notes due 5/15/86 1 Interest: U.S. Treasury Daily Repurchase Agreement 2 Dividend: Southwestern Public Service Company, Common TOTAL INCOME RECEIPTS '''7 .... "') J r,,~t 4 ~ ~ U8ER _1()_ $ 325.0C 496.05 96.00 97.50 63.36 572.10 375.00 44.00 173.84 51. 35 46.25 5.45 19.08 37.00 664.72 29.07 31. 87 162.50 336.00 905.63 711. 90 103.50 $ 29,559~~ 1979 April 10 10 23 May 4 Sept. 21 1980 J an . 4 April 21 .21 May .21 Aug. .27 Sept. 4 Oct. 7 7 7 INCOME DISBURSEMENTS Pennsylvania Department of Revenue - 1978 Pennsylvania Fiduciary Income Tax $ 43.78 Internal Revenue Service - 1978 Federal Fiduciary Income Tax 408.61 1979 County Personal Property Tax 31.79 Pennsylvania Corporation Loan Tax 6.00 Pennsylvania Corporation Loan Tax 6.00 Paid Alan O. Brackett for advance on account of share of Income 4,000.00 4 Paid William E. Brackett Jr., for advance on account of share of Income 4,000.00 4 Paid Warren R. Brackett for advance on account of share of Income 4,000.00 Paid William E. Brackett Jr., for advance on account of share of Income 2,000.00 Paid Warren R. Brackett for advance on account of share of Income 2,000.00 .21 Paid Alan o. Brackett for advance on account of share of Income 2,000.00 Paid County Personal Property Tax for 1980 30.70 Fee for Tax Return preparation for 1978 and 1979 82.00 Paid Internal Revenue Service for 1979 U.S. Fiduciary Income Tax Form 1041 6.8S Paid Alan O. Brackett for advanced distribution 1,700.0C Paid William E. Brackett Jr., for advanced distribution 1,700.0( Paid Warren R. Brackett for advanced distribution 1,700.0( RESERVED FOR PAYMENT OF THE FOLLOWING: Dauphin Deposit Bank and Trust Company - Commission (5% of $29,559.52) 1,_i77.~. TOTAL INCOME DISBURSEMENTS $ 25 ,}93 .~' U8ER '.J7 r,,:jt '* ,oJ -11- 1978 Nov. Dec. SUMMARY Total Principal Receipts Total Principal Disbursements $199,003.28 38,140.44 $160,862.84 Total Income Receipts Total Income Disbursements $ 29,559.52 25,193.74 4,365.78 BALANCE FOR ACCOUNTING $165,228.62 RECONCILIATION ACCOUNT Balance for Account $165,228.62 Less Advanced Distributions: 21 The Harrisburg Symphony - Bequest in accordance with Item IV D of the Will $ 1,000.00 21 Trustees of the Community United Methodist Church of New Cumberland, Pennsylvania - Bequest in accordance with Item V of the Will 2,000.00 28 Caroline Lou Brackett - Bequest in accordance with Item VI B of the Will 1,000.00 28 Rosemary Brackett - Bequest in accordance with Item IV C of the will 1,000.00 28 Marian Alida Brackett - Bequest in accordance with Item IV A of the will 1,000.00 5 William E. Brackett, Warren R. Brackett and Alan o. Brackett- Bequest of jewelry in accordance with Item III of the Will 650.00 5 William E. Brackett, Warren R. Brackett and Alan O. Brackett- Bequest of household effects in accordance with Item III of the Will 150.00 1980 Sept. 12 Ogunquit Methodist Church - Bequest in accordance with Item VI of the Will 2,000.00 Balance for Distribution $156,428.62 U8ER ~ ~7 ..., (I'~~ 41",4 _1')_ Exhibited into the Office of the Register of Wills In and for b" the County of Cumberland this ,)h day of , 1980, by DAUPHIN DEPOSIT BANK AND TRUST COMPANY Executor of the Estate of Kathryn S. Brackett By: :~A~;}b~~;'1 L ~,/;/:,1!i 01'{/ Assistant Vice President and Trust Officer U8ER :.1'7 I ,,'~l: I ," "~4J COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN I hereby certify that on this !:./" day of i' /~{\ ' 1980, before me the subscriber, a Notary Public in and for the said Commonwealth and County, Personally appeared William S. Sanford, Assistant Vice President and Trust Officer of Dauphin Deposit Bank and Trust Company, the above named accountant, who, being duly sworn according to law, deposes and says that the foregoing is a true and correct account of all the rights, goods, chattels and credits which came into the hands or possessions of any other person or per- sons for them. The affiant further says that no person claiming to be interested in said estate, whether as creditors, legatees, next of kin or otherwise, gave written notice of such claim to Dauphin Deposit Bank and Trust Company, Executor as aforesaid. 1~' ((J, I IlC <,,'~c(.J,.. //'j , / ',;/'~., /' ' \./ :;",- II '_ I~f , I " Sworn to and subscribed before me this 'day of 19 QG,,\"I."'.,.. ,"~ ,'t i:\;~ 1: r '/""" .. ~ - I' $' ~ .,;.~~ ;l'O'...~ '>" ~ . ,~~"'''''.)' . /'. ~ ~ ..- ~ :. >, "~. 0.'" (,~~. ~~\~. \ / / t z ~'~'O, N~~~ Public : ,0 ..rt' ' '-. ~. 01: . ..,.,' -.: , . .4: ':;. -:> ,J/J'y ,~Eiii~'h J. i \ -'?;~, l V.\ \\ 'MV':to~:",,:t" Ex. "'I",r AU n \- \ ~&Ir~~~";g. h [,"".""" '-uu.... I", ~ 1 , ! t , ,,\' \" ~ \ ~. USER 'J7 /f':~ '* /E; .... ....... _...'--....,..k___ ..- .... , (\ r-- /,..--....., ( LAST WILL AND TESTAMENT OF KA THR YN S. BRACEETT I, KA THRYN S. BRACKETT, of East Pennsboro Township, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testarnent, hereby revoking all 'Vills and Codicils by me at any time made. ITEM I: All inheritance and estate taxes becon,ing due by reason of my dea th, whether such taxes ma y be pa ya ble by my E s ta te or by any recipient of any property, shall be paid by my Executor out of the property passing under ITEM VII of this Will, as an expense and cost of administration of my Estate. My Executor shall have no duty or obligation to obtain reimbursement fOI any such tax paid by my Executor, even though On proceeds of insurance or other property not passing under this Will. In the absolute discretion of my Executor, my Exec utaI' may pays neh taxes immedia te 1 y or ma y pas tpone the pa ynlenl of taxes on future or renlaindcr interests until the time possession thereof accrues to the beneficiaries. IT EJ'vl II : I hereby exercise all powers of appointment which I may have at the time of rny death in favor of my Executor, and all property sub- ject to all such powers of appointment shall be included in m.y Estate and be ;.:<;Ycrnf.:d by the provisions of this Will. IT EM III: I bequeath all of my household furniture and furnishings. automobiles, baal,s, pictures, jewelry, china, silverware, wearing apparel and other like items of household or personal use or adornment to my surviving children in equal shares, to be divided among them as they shall agree, with ,/ the sut2gestion that they follow a list I have prepared. Any books not taken by 1/""-'" /'. ~. ( " my surviving children shall be distributed to either the NEW CUMBEHLAND PUBLIC LIBRARY or to the HARRISBURG STATE HOSPITAL, of Harrisburg, Pennsylvania, whichever my surviving children shall choose. Any of the other itcrns listed above, which are not taken by my surviving children, shall be distributed to a worthwhile charity to be selected by my surviving children. ITEM IV: I bequeath the sum of ONE THOUSAND ($1,000) DOLLARS to each of the following: A. MARIAN ALIDA BRACKETT, the wife of my son. William E. Brackett, Jr., of Denver, Colorado. B. CAROLINE LOU BRACKETT, the wife of my son, "Varren R. BrackeLL, of Newark, Delaware. C. HOSE MARY BRACI<ETT, the wife of my son, Alan O. Brackett, of Albuquerque. New Mexico. D. The HARRISBURG SYMPHONY ASSOCL<\TION. of Harrisburg. Pennsylvania. ITEM V: I bequeath the sum of TWO THOUSAND DOLLARS ($2,000) to the Trustees of the COMMUNITY UNITED METHODIST CHURCH OF ~EW CUMBEH LA1.;D, PENNSYLVANIA. ITEM VI: I bequeath the sum of TWO THOUSAND DOLLARS ($2,.000) to tbe Trustees of the o GUNQUIT METHODIST CHURCH, of Ogunquit. Maine, as Trustees. Such bequest is to be added to the existing Trust Fund which 1 have previously established in honor of my pa rents, Dr. 'William W. Smith and Augusta M. Smith, and which is held by the said Trustees. The Pa~c 2 of 12 p~d:;CS. ,,-., --, ~ o said Trustees shall hold this bequest, IN TRUST NEVERTHELESS, for the uses and purposes applying to the said Trust Fund, that is, to use the income for the genera 1 purposes of the said Church. ITEM VII: I give, devise and bequeath all of the rest. residue d.nd remainder of my property, real, personal and mixed. not disposed of In the preceding portion s of this Will to my son s, WILI..IIAM E. BRACI<ETT, JR., ',";AR HEN H. BHP.CI<ETT, and A LAN O. BRACKETT, in equal sha res. If any oi my sans is not living at the time of my death, his share shalt be distributed and adnlinistercd as hereinafter provided. ITEM VIII: If my son. WILLIAM E. BRACKETT. JR.. is not living at the time of Iny death, the following provisions shalt apply to his residue share as described in the preceding Item: (A) If his wife, Marian Alida Brackett, is living at the tim.e of my death Cind if. in the sole opinion of my Executor, she was living with him as his \\'i[c at the time of his death, then I give, devise and bequeath the sum oi TV'- ENTY -FIVE TI-IOUS^ NO ($25, 000) DOLLAR S from his sa icl rc s icllle sha re to the DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Harrisburg. Pennsyl- vania, as Trustee, IN TRUST NEVERTHELESS, for the following uses and pur !)Os (' s: 1. Said Trustee shall have, hold, manage, invest. and rl'invest the same, collect the income. and pay over the net income in quarterly installments to MARIAN ALIDA BRACKETT. the wife of my son. William E. Brackett. J1'., of Denver, Colorado, during her lifetime. Z. Upon her dea tho said T rus tee sha II dis tribute the then D., .. ~ ') -.(, ') ._- .. ~, .,' t.... -.... ,-.....--..............; ('\ ~\ r Trust assets to the then living issue of my son, William E. Brackctt, Jr., per stirpes. (B) Subject to the provisions contained in section (A) of this Item VilI, I gnre, devise and bequeath the said residue share of my son, William E. Brackett, Jr., to his issue per stirpes living at my death. ITEM LX: If my son, WARREN R. BRACKETT, is not living at the time of my death, the following provisions shall apply to his residue share as cescribcd in Item VII: (A) If his wife, Caroline Lou Brackett, is living at the time of DiY dea th and if, in the sole opinion of my Exec utor, she wa s living with him a s his wife at the time of his death, then I give, devise and bequeath the sum of TWENTY- FIVE THOUSAND ($25,000) DOLLARS from his said residue share to DAUPHIN DEPOSIT BANK AND THUST COMPANY, Harrisburg, Pennsylvania, as Trustee, IN TRUST NEVEHTIIEL,ESS, for the following uses and purposes: 1. Said Trustee shall have, hold, manage, invest, and reinvcst the sanle, collcct the incoITle, and pay over the net income in quarterly ins ta llments to CAROLINE LOU BHACI<:ETT, the wife of my son, "Warren R. Brackett, of Ncwark, Delaware, during her lifetime. 2. Upon her death, said Trustee shall distribute the then Trust assets to the then living issue of my son, Warren H. Brackett, per stirpes. (11) Subject to the provisions contained in (A) of this Item IX, I give, devise and Ih'Cjucath the said residue share of my son, Warren H. Brackett, to Page 4 of 12 pages. r-- r- ,......--....., his issue per stirpes living at my death. ITF:M X: If my son, ALAN O. BRACKETT, is not living a t the tin1e of my death, the following provisions shall apply to his residue share as described in Item VII: (A) I give and bequeath the sum of TWO HUNDRED ($200) DOLLARS to each of his step-children living at the time of my death. (B) If his wife, R os e Mary Brackett, is living at the time of my death. and if, in the sole opinion of my Executor, she was living with hilD as his wife at the time of his death, then I give, devise and bequeath the sum ofT\VEI\TY-FIVE TI-lOT.SAND (525,000) DOLLAHS from his said residue share to DAUPHIN DEPOSIT I3A~r~ AI\D TRUST COMPANY, Harrisburg, Pennsylvania, as Trustee. IN TRUST I\EVER THELESS, for the following uses and purposes: 1. Said Trustee shall have, hold, manage, invest. and r einves t the same, coHec t the income. a nel pa y over the net income in quarterly installments to Rose Mary Brackett, the wife of my son, A Ian O. Brackett. during her lifetime. 2. Upon her- death, said Trust shall terminate, and all assets thereof shall be added to the assets governed by sec- tion (C) of this Item and be governed by the provisions of said section (C). (C) Subject to the provisions contained in sections (A) and (13) of this Item X, I give, devise and bequeath the said residue share of my son Alan O. Brackett to DA UPHIN DEPOSIT DANK AND TR UST COMPANY, Har rishurg. Pennsylvania, as Trustee. IN THUST NEVERTHELESS, for the following uses and purposes: ~ I' r'--, 1. The Trustee shall divide the principal of the Trust into as many equal shares or parts as there are then living children of said son. and then deceased children of said son represented by then living issue. The Trustee shall hold one such share as a separate Trust for the benefit of each then living child of my son, and one such share as a separate Trust for the benefit of the issue of each such then deceased child of rny son. 2. In each Trust thus established for a then living child of my son. the Trustee shall have, hold, luanage, invest and reinvest the principal thereof, collect the income. and shall, if the child is under 21 years of age, quarterly pay to or for the benefit of such child so much of the net income and princi- pal of said Trust as, in the sole discretion of the Trustee. may be necessary to maintain said child in the proper station in life, including proper support, maintenance. medical, hospital, nursing and nursing home care, and college, university, posL- graduate or other education; any unused income shall be accumu- lated. Upon such child1s attaining the age of 21 years, my Trustee shall pay to such child any unpaid accumulated income. There- after, or beginning at the creation of the Trust, if such child IS 21 or more years of a ge upon the creation of said T rus t, my Trustee shall pay the net income. in quarterly installments, to such child. When such child attains the age of 35 years, all of the remaining assets of said Trust shall be distributed to him or lH~r. (If, at the establishment of said Trust, said child has al- ready attained an age at which he or she would have been entitled Pa g e () of 1 2 pa g e s. ,.--" .--.. , /--....... to distribution of assets as above provided, the assets which would llave been distributed at age 35 shall be distributed to such child forthwith.) Should such child of my son die before final distribution of the assets of said Trust, but be survived by then living issue, all then remaining assets shall be distributed to such child's then living issue, per stirpes. Should such child die before final distribution, and not be survived by then living issue, the provi- sions of paragraph 4 herein shall obtain. 3. In each Trust established for the benefit of the issue of a deceased child of my said son, the Trustee shall have, hold. manage, invest and reinvest the principal thereof. collect the income, and shall quarterly pay the net incolne to or for the bene- fit of the issue of such deceased child of my son, per stirpes, living at each time of quarterly distribution; twenty (20) years following my death, the Trustee shall distribute all of the then assets in tbe Trust to the then recipients of the income. in the proportions by which they are then entitled to the income. 4. If at any time before final distribution of the assets of any of the Trusts established for my son's children or the issue of deceased children of my son, there are no living beneficiaries of said Trust, that Trust shall tern'linate, and its assets shall be divided into as many equal shares as there are then existent Trusts created under paragraph 1 of this section (C). and One such share shall be added to each such then existent Trust: Provided. that if any of said Trusts herein created has previously been terminated by distribution of all of its principal to its beneficiaries, said beneficiaries who received distribution of the principal of that Page 7 of 12 pages. .~.J ;i1 -" "II " ~..; ,1"'\ I . ~,~, r.""_.J 0' p...;,' \ f. ~ ~ Trust shall collectively be considered an "existent Trust!' for ttri; , i the purpose of this paragraph, and one such equal share shall be distributed directly to such beneficiaries In the same pro- portion by which they received the principal of the Trust, or, - if deceased, to their issue, per stirpes. If at the time of termi- ,. 'tr:"..;;., --- nation described in this paragraph 4, or if at any time before final distribution of assets under this Iten., there is no then existent Trust as herein defined, then all then assets of said ----' Trust shall be distributed to such persons, and in such propor- ~,~~ ~~{ tions as would be entitled to receive my Es tate had I then died -- ~., , , t;"l Ij intestate, a resident of Pennsylvania. 5. Regardless of the foregoing provisions of this instrument, ..-..~~ if any Trust established in paragraph 1 of section (C) of this Item is in existence 20 years following the death of the survivor of my- 1 ' ~ t\ . . l self and the wife of my said son, each such Trust shall terminate at Lhe end of said 20th year following the death of the said survivor. t I and all assets of the Trust shall then be distributed to the then " recipient(s) of the income of said Trusl in the proportion by which said recipient(s) are then entitled to the inconie. ITEM XI: No part of the inconie or principal of the property held under the Trusts created hereunder shall be subject to attachment. levy or sei- zure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior to bis or her actual receipt thereof. My Truslee shall pay over the net inC01ne and the principal to the parties herein designated, as their interests nlay appear. without regard to any attempted anticipation (except as specifically provided in this instrurnent), pledging or assignntent by any benefi- Pa g c 8 of 12 pa gc s. HI - ( I' i ' " \ ;c' ! i : (, .~. . ':i ;. I " } : < ....~,i . -~~~-..~ ..:t f ~ t~~/'''~:l l?.',x::i -"!I!!'- ;, -=1'.........,...,. ./r:...~ . - .. <.--,----------. ~'":' .,:' ..", ~; ", :; . ;..., . ;;-- '. if'-'-:"",-, . ~~)," " '"'1-.__ < ~'o-" ---, r-\ ciary under any Trust created hereunder, and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. ITEM XII: In the settlement of my Estate and during the con- tinuancc of the foregoing Trusts, my Executor and my Trustee of each Trust shalt possess, among others, the following powers to be exercised for the best inter- ests of the beneficiaries: (a) To retain any investments I may have at my death so long as my Executor or Trustee may deem it advisable to my Estate or Trusts so to do. (b) To vary investments, when deemed desirable by my Exvcutor or Trustee, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other real or personal property as Iny Executor or Trustee shall deem wise, without being restricted to so-called "legal invest.ments". (c) In order to effect a division of the principal of my E sta te or a T rus t or for any othe r purpose, including any final distribution of my Estate or any Trust, my Executor or Trustee IS authol-ized to make said divisions or distributions of the per- sonalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets are required to be divided or distributed at their respective values on the date or dates of their division or distribution. (d) To sell either at public or private sale and upon such terms and conditions as my Executor or Trustee may deem advan- (" ,? ""-:\ err- R. , ff;: " rO\ , ' -:--. f"'- . . :. ' , ',} . tageous to my Estate or Trusts, any or all real or personal estate or interest therein owned by my Estate or Trusts severally or in conjunction with other persons or acquired after my death by my Executor or Trustee, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or pur- chasers, conveying a fee simple title, free and clear of all trust and ,-vithout obligation or liability of the purchaser or purchasers to see to the application of the purchase rnoney or to make inquiry into the validity of said sale or sales; a ls 0, to make, exec ute, acknowledge and deliver any and a 11 deeds, as signmcnts, options or other writings which may be necessary or desirable in carry- ing out any of the powers conferred upon my Executor or Trustee in this paragraph or elsewhere in my Will. (e) To mortgage real estate. (f) To make leases of real estate. (g) To borrow money franc any party, including the Dauphin Deposit Bank and Trust Company, to pay indebtedness of mine or of my Estate or Trusts, expenses of administration, or inheritance, legacy, estate and other taxes. (il) To pay all costs, taxes, expenses and charges in con- ncction with the adn1inistration of my Estate or Trusts, and my Executor shalt pay the expenses of my last illness and funeral expenses. (i) To vote any shares of stock which form a part of Iny P:1' nn 1 n ,,( "") -- -- - - - Estate or a Trust and to otherwise exercise all the powers inci- ~ ~-; , .. dent to the ownership of such stock. (j) In the discretion of my Executor or Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securi- 't ties form a part of a Trust or my Estate. (k) To assign to and hold 10 a Trust an undivided portion of any asset. ;\ , ITEM XIII: A ny person who shall have died at the same time as Testatrix or in a comnlon disaster with her, or under such circumstances that it is difficult or im.possible to determine who died first, shall be deemed to have predeceased her. .. IT EI'...l XIV: If at any time any minor sha 11 be enti tled to recclVC ~.. any assets hereunder, DAUPHIN DEPOSIT BANI, AND TnUST COMPANY. Ilarrisburg, Pennsylvania, shall act as Guardian of the assets payable to such minor. Said Guardian may receive and administer alt assets authorized by law and shall have fLlll authority-to use such assets, both principal ann income, 1n a;w manner said Guardian shalt deem advisable for the best interests of such nlinor, including c oltege, univer sity, pas t- graduate or otlLe r cduca tion. \vilhout securing court order. Said Guardian shall have all the rights and privileges as to the Guardianship(s) and the assets thereof as are herein granted to my Executor as to my Estate and the assets therein. ITEM XV: Regardless of the foregoing provisions of this Will, ~... -""""- ... -_:~- r. if. at any tUne, any issue t' ~r t', f 't .i l ,1 ., . :. . . ~.. p .,. ~. , , . ij, ;"i ~. . d' \.! I ~ t f ~I f , ( i " I \ , , ~ , 1 'j . ~ 't ~ , ( .' ~ I'; l' fl 'j ""',, \ . , , \t' . ., e e e .' . e son, such issue shall henceforth, for purposes of this Will. not be considered children or issue of my son or of me. ITEM XVI: I hereby nominate, constitute and appoint DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Harrisburg, Pennsylvania, to be my Executor. My Executor, Trustee, and Guardian specifically are relieved from the duty or obligation of filing any bond or other security. IN \I/ITNESS WHEHEOF, I have set my hand and seal to this my Last Will and Testament, consisting of this and the preceding cleven (11) pages, this 2J~ , 1978. day of d-~( NoJ.~ 5/,l3 ~.rtn- l<a th~yn S. Brackett (SEAL) We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament, in the presence of us, who. at her request and in her presence and in the presence of each other, hav(~ hereunto set our hands and scals the day and year above writtf~n. and we certify that at the tirne of the execution thereof, the said Testatrix was of sound and disposing mind and rnemory. jJ;!~..fYm~6;;l /' (SEAL) 7&~/Lkd..~L) Residing at:)9r) 30/ ,k!. /0R/,,'(r.{\U/2 (; J Ph. d ,(' /77. (,{I (, '2 -..:. -(-(.-~~^-~ -<L /t!~E. :;) " \..~ (SEAL) Residing a~ 1) ,I i !~(7/i./:',?"1 k' (c/,.:../IS E I )() /0 " ! r /{'(j /