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Home My WebLink About06-28-78 (2) " " . .. . . '. .. .. LAST WILL AND TESTAMENT OF JOSEPH B. HART I, JOSEPH B. HART, a domiciliary of the Commonwealth of Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this instrument to be my LAST WILL AND TESTAMENT. I hereby revoke any and all wills and codicils by me heretofore made. I IDENTIFICATIONS AND DEFINITIONS I am married to the former FRANCES I. GRAVES ("my Wife"). We have one child, JOSEPH B. HART, JR. References in this Will to limy Children" include this one child and any other lawful children born to or adotped ~ ~ d0 U C) G2l.. by me. The following definitions obtain in any use of the terms in this Will : ~ ~ , ~ 1. "Descendants" means the immediate and remote lawful, lineal descendants of the person referred to, and it means those descendants in being at the time they must be ascertained in order .to give effect to the reference to them, whether they are born before or after my death or of any other person. The persons who take under this Will as Descendants shall take by right of representation, in accordance with the rule of per stirpes distribution and not in accordance with the rule of per capita distribution. Persons legally adopted when under the age of fourteen years shall not be differentiated from blood descendants for any purpose. 2. "Survive me" is to be construed to mean that the person referred to must survive me by thirty days. If the person referred to dies within thirty days of my death, the reference to him shall be construed as if he had failed to survive me. II PAYMENT OF DEBTS AND TAXES I direct my executor to pay the following before any division or distribution under the following articles: (Page 1 of 4 Pages) .. . '. 1. All of the expenses of Bo/ last tllness1 funeral and of the administration ox my estate, 2. All inherttance, trans~er, estate and stmilar taxes (including interest and penalties) assessed or payable by reason of my death, on any property or interest in my estate for the purpose of computing taxes~ My executor shall not require any beneXictary under this will to reimburse my estate for taxes paid on property passing under the terms of this will. III RESIDUARY ESTATE ~ t ~ ~ A. I define limy Residuary Estatel' as all of my property after the payment of debts and taxes under Article II above, including real and personal property whenever acquired by me, property as to which effective disposition is not otherwise made ia this Will, and property as to which I have an option to purchase or a reversionary interest, but excluding property as to which I have no interest other than a power of appointment. B. I give my Residuary Estate to my Wife if she survives me. C. If my Wife does not survive me, I direct my executor to divide my Residuary Estate into equal shares and to distribute those shares as follows: 1. one share to each of my Children who surviyes me. 2. one share to the Descendants of each of my Chtldren who do not survive me. D. If my Wife does not survive me and none of the persons descrtbed in paragraph C of this Article survives me, I direct my executor to divide my Residuary Estate into two shares: 1. one share to HELEN MARGARET HAMLETT or her descendants. 2. one share to be divided equally among FREDERICK O. GRAVES, GORDON I. GRAVES, and DON~D"'E. GRAVES, or their descendants who shall take by representation according to the rule of per stirpes and not according to the rule of per capita dis tribution.. IV APPOINTMENT OF EXECUTOR I appoint my Wife, FRANCES I. HART, as Executrix of this Will. If FRANCES I. HART is unable or unwilling to serve in this capacity, I appoint GORDOl~ I. GRAVES to serve instead. I request that my executrix or executor not be required to furnish bond or securities. V POWERS OF FIDUCIARIES My executrix shall have the following fiduciary powers, which are to be construed in the broadest manner consistent with the validity of (Page 2 ox 4 Pages) ~ this Will and with their duties as fiduciaries. The powers stated herein are not intended to be exclusive, but shall be in addition to those granted by law and shall also pertain to any administrators who succeed the fiduciaries I have appointed in Article IV above. These powers are: 1. to take possession of property, to keep it safely, and to aggregate it from other property owned or held by the fiduciary; 2. to retain and to invest in property, or an undivided interest in property, ;ncluding residential real estate, for any period, whether or not the property be of the character permissible for investment by fiduciaries; ~ ~ 3. to sell, transfer, exchange, lease, rent, mortgage, pledge, give optipns upon, partition and otherwise dispose of real or personal property, at private or public sale, for cash or upon whatever terms the fiduciary deems advisable, without notice or order of court; ~ ~ ~ ~ ~ 4. to render liquid my estate, in whole or in part, and to hold cash or readily marketable securities of little or no yield for such period as my fiduciary deems advisable; 5. to borrow in the name of my estate or of the trust, upon whatever terms and conditions and for whatever periods my fiduciary deems advisable for the purpose of preserving, protecting or improving property held by him; 6. to pay, compromise, adjust, settle, compound, renew or abandon claims held by my fiduciary and claims asserted against my fiduciary, on whatever terms he deems advisable, without prior court authority; 7. to distribute in cash or in kind, or partly in cash and partly in kind, in divided or undivided interests, notwithstanding the fact that distributive shares may as a result be composed differently; 8. to insure the property he holds as fiduciary against the risks, and in the amounts he, in his discretion, deems expedient, and to obtain and pay for life, health, liability and other forms of insurance for the beneficiaries of the trust, in his discretion; 9. to employ attorneys, accountants, investment advisors and other professional assistants including depositaries, proxies, agent, and appraisers; 10. to enter into transactions with other fiduciaries including executors of estates and trusts in which my beneficiaries have an interest, and including himself as fiduciary for other estates and trusts; (Page 3 of 4 Pages) 926 ., ~ .... . .... . 11. to engage in the powers necessary to the effective administration of corporate securities, including, without limiting the generality of this power; a. power to vote in person or by proxy upon all securities held by the fiduciary; b. power to engage in a voting trust or voting agreement with respect to securities; c. power to consent or become a party to, or participate in, mergers, consolidations, sales of assets, recapitalization, reorganizations, dissolutions or other alterat.ions of corporate securities held by the fiduciary, whether or not these adjustments involve payments by or to the fiduciary; and d. power to hold securities in unregistered form or in the name of a nominee. 12. to pay himself reasonable compensation for his services. IN WITNESS WHEREOF, I have at Carlisle Barracks, Pennsylvania, this (3th day of '1'lu (f . 1977. set my hand and seal to this my LAST WILL AND TESTAMENT consisting of four (4) typewritten pages, this included, the preceding pages hereof bearing my signature. ~ (j3. -;tltul- J SEPH B. HART (SEAL) Signed, sealed, published and declared by the above-named Testator, JOSEPH B. HART, as his LAST WILL AND TESTAMENT, in the presence of all of us at one time, and at the same time, we, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses, and we do hereby attest to the sound and disposing mind and memory of said testator at the date hereof, and to the performance of the aforesaid acts of execution at Carlisle Barracks, Pennsylvania, thiS /3+h day of 9'hA(j- . 1977. ~ ADDRESS 't14f.<.(.t (L/!tMAuJ ~rf7 ~~ (!). ~~ RO#(" ~. ~, _ 2f-JJ~b{ ~/;I (Page 4 of 4 Pages) 927 ... . . . ~. . , . . ,. OATH OF SUBSCRIBING WITNESS COMMONWEALTH OF PENNSYLVANIA l ss: COUNTY OF CUMBERLAND ~ This........................... ~.7.. .~................................. day of....... 'i::I:~. ':':-!.~.......................................... A.D., 19."'1. tf., 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 .............. .~.y.d::f.... .bi... .$..~. ~tt...... .&lY.d.... ..G..I.-::!?B.' f.1:........~ .~.p..':'!.~......................................................................... the subscribing witnesses to the foregoing instrument of writing purporting to be the last Will and Testament of ...... J:t:~ :s.~./.:.:..... .~..... ..bt.8fl:.I:................. ........................... Dated .....t1. tJ:~.. I. J;. .1..1. 7..1...... . d i J . , late of............... Mi... .(l.'r!r.~.. 7':e.whi.~.h..\f?........................................... Cumberland County Pa., deceased who being duly .........s..~.~~.~.................... according to law, depose and say, that ...:~....\.tr!~~....... present, and saw and heard the testa..:b?.~...................., ......ir..;a~.h:...:~......ili-~'I............................. sign, seal, publish, pronounce and declare the said instrument of writing as and for h.l.5:.......... Testament and Last Will, and at the time of so doing .........h~.................................was of sound and disposing mind memory and understanding, to the best of ......st:b.~:;/:~......................knowledge, observation and belief. ..............~...st..~......................... ...........)ILW~~....................... .................................................................................. AFFIDAVIT OF DEATH COMMONWEALTH OF PENNSYLVANIA., ss: COUNTY OF CUMBERLAND . .......................... ........ ..E~. r;r.-N:.f..~... ....-r:. .../::Ir.In...t::......... ..... ............... ...................................... ..being duly ................S.'='.~.g.tJ............... says that as nearly as can be ascertained the said decedent .......................... .....................................,.~~~b......~......d~CJ.................................................................................died on .~.~..$..c:t~y.'........................... the ...........~..~............. day of .....~y..~~................................. A.D., 191tf.., //' , n at or about ...............~.~.O................... 0 clock, t::.M. .... .............s ~.9.~.t:!~.............. ..and subscribed this ..............~.7..~...................... day of .:S;!~f.~.~..... 19, 1:8:.., before ..~..~~...................... 928 ~f"V; \JI~'C,'~ -. 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