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HomeMy WebLinkAbout03-03-08 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Guy S. Fenton File Number 21-08- (.:, ~~'\ also known as &.#1..)1 ,s~'Yn-7.P~~'.e pe~~ Deceased Social Security Petitioner(s) who is/are] 8 years of age or older, apply(ies) for: [XI A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executrix named in the last Will of the Decedent dated February 24. 2002 and codicil(s) dated N/A (state relevenat circumstances, e.g. renUnCiatIOn, death of executor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: I ] B. Grant of letters of Administration (lfapplicable enter: c.t.a.: d.b.n.c.t.a.: endente lite; durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ~ame usan .l. "'cott Decedent then 81 years of age died on 331 N.Baltimore Ave.,Mt.Holly Sp~,PA Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) (If not domiciled in Pa.) (If not domiciled in Pa.) Value of real estate in Pennsylvania situated as follows: --;- & Of) ~ , /.:..2..s-: 0 CJ 0 , ADDRESS 1 NAME2 ADDRESS2 NAME3 ADDRESS3 I 0:. -\" ~. --j f') c Page 1 of 2 OATH OF PERSONAL REPRESENTATIVE COMMONWEATLH OF PENNSYLVANIA COUNTY OJ:' CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and corn: to the best of the knowledge and belief of petitioner(s) and that as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. () } I) Swom to or affirmed and subscribed ~W'-'>C Ii JC~-rf before ZhiS <3 l11a.rch Susan A. Scot( .- ,-,;'--' ;..D ..7:] File Number: I Gc. ___:H) Estate of Guy S. Fenton , Deceased."; Social Security Number: Date of Death f'-) ,; -20-Feb-08 AND NOW ""0:\( VI (~ having been presented before me, are hereby granted to , 20~in consideration of the Petition, satisfactory proof IT IS DECREED that Letters Testamentary Susan A. Scott in the above estate and that the instrument(s) dated February 24.2002 described in thte Petition to be admitted to probate and filed of record as the las Will (and Codicil(s) of Decedent) ~ ~l' f2/ ,~l,^-- ~\J)Ql\, .Dr'[~chul Register of Wills Signature ;6o/'l", ;;C9 r, '"7/-2-?.' ~ FEES Attorney Name Stephen D. Tiley Letters {7.~ CO D , Short Certificates Lo Renunciation LJI i ( JC'9 , -/ Iltlv ;J l.oD .;Ji Sup. Ct. I.D. No 32318 IS- 10 S-. Address: 5 South Hanover Street Carlisle, Pennsylvania 17013 Telephone: (717) 243-5838 TOTAL. . . 3 J ^f o/-' Page 2 of 2 !i RI:\"'1 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate. S6.00 ~'Iif-'fm;;;;;;;;_~ 4't'~~\\\ OF P'i:i;---_ &\I.""....l"--._.~/("', -_, l~~>/ ~'J'.-"- 4' ~/ .... '\~;;~ /t~'~. ..~'~~ I~ ~l -"~,;~~ i~Q! g...'_ i.:t:.;:: \~ (.,.)\ _ .~-~_-~ ~ _--- S: ~" *\. . -~, '.-. .'. ,. *~ ..."._-~.---! \. ~\ . /~,,\ "=- ~~. /k~'\\' ------ IMENTi, ~ ,.,.' '..,.;.;.;''''''''N'H~/JJIJl'! j j P 14125793 CerlificatlCin Number c~ This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Regis! rar. The original certificate will be forwarded to the State Vital Records Office for permanent filing L~~ ~::'~~[)'~:~"!Jl 200l ~'_." r c> f'.) C~' H105--143 REV 1112006 TYPE f PAINT IN PERMANENT BlACK INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) STATE FILE NUMBER Fe J1 "ft!) Y1 2008 Sa. PIac& of Death (Check only one) Hospilal: 11, 1927 Cumbo County, olnpal~'" oER/OuIpaUenI [JDOA oN,,,,lngHom. ~eslden" 000"._ Bd. Facility Name (II not institution, give street and number) 9. Was Decedenl of Hispanic Origin? XJ No 0 Yes 10. Race: American Indian, Black, White, etc. 15 Pine Grove Road ~~';:::..~) (Spedfy) Whi te 12. Was Decedent ever in the 13. Decedenrs Education (Specify only highest grade completed) 14. MarItal Statas: Married, N&V9r Married, U.S, Armed Forces? Elementary I Secondary (0-12) College (1-4 Of 5+) Widowed, Divorced (~ oVes ~No 8yrs Widowed 6. Dale 01 Birth (Month, day, year) Feb. 81 v"'. 8b. County of Death 11. Oecedent'sUsual lion Kildofworkti:lnedu( mostol'Mrti Ilte.Donolslal9reti MaclIT'hwrst AM~oII~~'ndllStJy - 16. Oecedenf:, MaiflnQAdctess (Street, ctty I town, state, ~ code) 331 N. Baltimore Ave. Mt.Holly Springs,Pa. Decedent's ActuaIResideoce 17a.State Pa. Cumberland 19. Mother's Name (Rrs!, mKXIe, maiden surname) Nettie V. Fraker 2Ob. Informanfs Maill1g Address (Street, city 110WI1, state, zip ca::e) 15 Pine Grove Road, Gardners,Pa. 17324 21c. Place of DisposItion (Name of cemeteJy, crematory orolher place) 21d. Locallon (CIt~Jtown, state, Zip codel. Mt.Holly Springs Cemetery Mt.Holly Spr1ngr~b~; 50 N. ~ 1mor~ e. FH/Crematory Inc. Mt.Holly Spr1ngs,Pa. 17065 23b. license Number f(1Jd{~3 10;9. L 17065 17b. CoIm~ 18. Father's Name (FIrSt. midlte, last, sutfIx) Phillip S. Fenton m :> ~ < ,. 20a. Intormanrs Name (Type f Print) Susan Scott l1ems 24-26 must be completed by person . whopronoll'lCllSdeath. ~~~~~~~~~dise~ I ApproJlNnaleinlerval: : Onset 10 Death , , , I , , , , , , I I . , I ~~~~~~='~~:a. ErI:t:: UNDERLYING CAUSE (disesseorin~Jrylhatinltialedlhe events resultiit~ m death) LAST. b. Due to (or as a consequence 01): Due 10 (or as a consequence ot): d. 3Oa. Was an Autopsy Performed? 308. Were Autopsy Rndings AvailablePnorloCompielion ot Cause of Deatft? 31. Manner 01 Death ~"JlaJ 0 Hoo,""" o Aodden1 0 Pen"'" ,_ 05'_ oCooIdNolbellete<m1ned oVes f~o oV.. 0"" " W 0> ~ :s ~ I d. I I I ,). I I I () I Disposition Pennit No. OlC\3Y-~ 4. Dale 01 Death (Month, day, ~ February LU, Did Decedenl Llveina Towns~? 17e. 0 Yes, Decedent Uved in Twp. 17d.Il9~~:oIlNedWrth. Mt.Holly Springs ity/Born 23c. Date Signed (Month, day, year) ,,_ 0;:) -S2c'_:;U}{}o 26. Was Case Refe:Ted 10 Medical Examiner I Coroner lor a Reason Other than Cremation or Donation? oVes ~ Pari II: Enter othllr simificanllXll'lrlitions contributinn to d8a1tl ~~cco Use ConlritJule 10 Death? but not resulting 11 he underlying cause !,Wen in Part L ~es 0 Probably o No 0 Unknown 29. If Female: D Notpregnanlwithinpaslyear o Pregnarrtallimeotdealh o Notplllgr'l8l1l,butpregnantwithin42days ofdealh o Notpregnanl, bul pregnant 43 days 10 1 year beIoredeath o Unknown" pregnant within the past year 32c. Place 01 InJury: Home, FIUTTt, Street, Factory, Oll"lCeBuildiog,elc.(Specify) 32g. Location ot tnjwy (Streel,city/ta<<n, Slate) J J!1 -' C'\ I ~ , \ \ t-l, ''';--..'' ) . \ ,) ,J .' 9:'1 .,' '\'\ LAST WILL AND TEST AMENT OF GUY S. FENTON 1, Guy S. Fenton, of the Borough of Mount Holly Springs, (331 North Baltimore Avenue), Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void any and all Wills and Codicils heretofore made. FIRST I direct the payment of my just debts and funeral expenses as soon after my death as may be convenient. I direct that all federal and Pennsylvania estate taxes, Pennsylvania inheritance taxes-,and - generation-skipping transfer tax payable as a result of my death, not limited to taxes attributable to: property passing under this Will, shall be paid by my Executor from my residuary estate~ including, any part of my residuary estate that otherwise qualifies for a deduction for federal estate tax '~~. purposes. I direct my Executor not to seek reimbursement for any tax so paid from any beneficiary under this Will, heir of mine, or other transferee of property included in my gross estate. I note that the cedar chest and its contents, which is in my home now and may still be at the time of my death, was given to my daughter Susan A. Scott by her grandmother, Nettie Fenton, and that chest and its contents are the property of my daughter Susan A. Scott. SECOND I declare that I am now the widow of Nora Louise Fenton and that we had four (4) children, to wit: a daughter Susan A. Scott, a son Steven L. Fenton, a son Michael A. Fenton, and a son Kenneth Lee Fenton. I have no deceased children nor any other children living. THIRD All the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and bequeath, in equal shares, per stirpes and not per capita, unto such of my children as shall survive me by ninety (90) days, but should any of them fail to so survive me then the share such deceased child of mine would have received shall pass to such of his or her issue as shall survive me by a period of ninety (90) days, per stirpes, and if there be no such issue the same shall lapse and be added to the remaining share or shares, Provided, However, that: (i) The share of Michael A. Fenton, should he survive me by the aforesaid period of ninety (90) days, shall instead pass to the hereinafter named Trustee of the Michael A. Fenton Trust created in this Will and described in the Fifth Paragraph of this Will. (ii) The share of Kenneth Lee Fenton, should he survive me by the aforesaid period of ninety (90) days, shall instead pass to the hereinafter named Trustee of the Kenneth Lee Fenton Needs Trust created in this Will for him and described in the Sixth Paragraph of this Will. FOURTH Should any person less than twenty-one (21) years of age be entitled to a distribution out of the residuary of my estate pursuant to Paragraph Third herein, I direct such share shall be paid to my daughter, Susan A. Scott, as Guardian of the estate of such person. I further direct that such Guardian shall not be required to post any bond to secure the faithful performance of her duties in the Commonwealth of Pennsylvania or in any other jurisdiction, and I authorize and direct said Guardian of the estate of such person to receive and to invest said distribution and to pay so much of the income arising thereon together with so much of the principal thereof as in her opinion is necessary or desirable to be expended for the proper maintenance, support and education of such person, and upon such person attaining twenty-one (21) years of age, to pay the then remaining principal together with any undistributed income to such person. Last Will and Testament of Guy S, Fenton Page 1 of 7 , ':". \ I-..:~ 'tv ",.J ... Cj -- '~ \ )'! \ ,"" ~~ -.!" i , .1 ~ <)-) FIFTH (a) If at the time of my death my son Michael A. Fenton, should he survive me by the aforesaid period of ninety (90) days, I give any share of my estate to which he may be entitled to the hereinafter named Trustee of the Michael A. Fenton Trust, to be administered in conformity with the provisions of this Paragraph 5. (b) Appointment of Trustee. I appoint my daughter Susan A. Scott, to be Trustee of the Michael A. Fenton Trust established by this Paragraph 5. If my daughter Susan A. Scott does not survive me, is otherwise unable or unwilling to serve as Trustee, or ceases to serve as Trustee after having been appointed, I appoint Citizens Bank of 665 North East Street, Carlisle, Pennsylvania 17013, as Trustee of the Michael A. Fenton Trust established by this Paragraph 5. The Trustee shall have the powers set forth in Paragraph 7 of this Will. (c) Resignation of Trustee. Any individual Trustee may resign from the position of Trustee by executing a written resignation and delivering it to the successor Trustee. The date of the delivery of the resignation shall be the effective date of the resignation. No Court action or other proceeding shall be necessary for the resignation of an individual Trustee. Every title, estate, right, power and discretion conferred on the initial Trustee under this Will is likewise conferred on any successor Trustee. (d) No Bond Required. No bond shall be required of any Trustee or successor Trustee named in this Will. (e) Payments to or for Michael A. Fenton. The Trustee shall from time to time payor distribute to or apply for the benefit of Michael A. Fenton, for life, in monthly or other convenient installments, as much of the net income of the Michael A. Fenton Trust, and as much of the principal of the Michael A. Fenton Trust, as the Trustee in the Trustee's sole discretion, deems necessary for Michael A. Fenton's health, education, support and maintenance. All decisions of the trustee regarding payments under this subparagraph, if any, are within the Trustee's discretion and shall be final and incontestable by anyone. The Trustee shall accumulate and add to principal any net income not distributed. Alternatively, the Trustee may make any such payments: (i) Directly to Michael A. Fenton, (ii) To the legally appointed guardian of the person or estate of Michael A. Fenton, (iii) By making expenditures directly for the care or support of Michael A. Fenton, (iv) To any person or organization furnishing care or support for Michael A. Fenton, or (v) To a needs trust or other such trust similar to that which is created in paragraph (6) of this Will or such other trust designed to supplement, but not to supplant, any insurance, Federal, State, local or other assistance, or other benefits due the beneficiary (f) Trustee's Judgment Final. The judgment of the Trustee as to the amount of payments or applications of principal or income pursuant to Paragraph 5(e) of this Will shall be final and conclusive on all persons interested, or who may become interested, in the Trust estate. On making any payments or applications of principal, the Trustee shall be fully released and discharged from all further liability or accountability. (g) Additions to Corpus. Any property to which my son Michael A. Fenton may be entitled may be added to the corpus of this Trust and administered in accordance with the terms and conditions of this Trust. To the extent that the Trustee may for some reason have the authority, whether by appointment as Guardian of the estate, special guardian, or otherwise, to determine the disposition of any property to which my son Michael A. Fenton may be entitled, I direct the Trustee to add the property to the corpus of this Trust. (h) Distribution of Corpus. Upon the death of my son Michael A. Fenton, the Trustee shall distribute the remaining corpus (principal and any undistributed interest) to the living issue of my son Michael A. Fenton, per stirpes, by right of representation, but the Trustee shall hold such share in trust for such living issue pursuant to all of the provisions of this trust, until the last of such issue attains the age of twenty-one (21), at which time final distribution shall be made. If any beneficiary should die before receiving complete distribution of the property held in Trust for his or her benefit, the Trustee shall distribute the balance of that beneficiary's share of the Trust to his or her surviving issue by right of representation, but the Trustee shall hold such share in trust for such surviving issue pursuant to all of the provisions of this trust, until the last of such issue attains the age of twenty-one (21), at which time final distribution shall be made. If my son Michael A. Fenton for whom this trust has been established dies leaving no issue, or if no such issue attain the age of twenty-one (21), then the said corpus shall be distributed to the Kenneth Lee Fenton Needs Trust created in this Will for him, or to the final beneficiaries of that Trust, if the said Kenneth Lee Fenton should not be living at that time. ~i) Spendthrift Provisions. No beneficiary of this Trust shall have any right or power to sell, asslgn, convey, mortgage, pledge, anticipate, hypothecate or otherwise dispose of any right, title or interest that the beneficiary may acquire in the income or principal of the Trust estate until the Last Will and Testament of Guy S, Fenton Page 2 of 7 ...l , J'3 ~ ) \,'~ \ ',J ")"-,,< ) .; ,'V ", \, income or principal has actually been paid over to the beneficiary by the Trustee. Nor shall the income or principal of the Trust estate, or any part of it, or any interest of any beneficiary under this Will be liable for, or to any extent subject to, any debts of any kind or nature incurred or contracted by any beneficiary, either before or after my death. Any right granted to a beneficiary to receive assets of the Trust estate, either principal or income, for the beneficiary's own use and benefit shall not be available for the satisfaction of any claims of the creditors of the beneficiary. Any right of receipt shall be suspended and may not be exercised by any beneficiary on the filing of a proceeding in bankruptcy in which the beneficiary is debtor. The suspension shall be continued during bankruptcy proceedings and shall be restored only after the entry of a final order of discharge of the beneficiary as debtor. SIXTH (a) If at the time of my death my son Kenneth Lee Fenton, should he survive me by the aforesaid period of ninety (90) days, I give any share of my estate to which he may be entitled to the hereinafter named Trustee of the Kenneth Lee Fenton Needs Trust, to be administered in conformity with the provisions of this Paragraph 6. (b) Appointment of Trustee. I appoint my daughter Susan A. Scott, to be Trustee of the Kenneth Lee Fenton Needs Trust established by this Paragraph 5. If my daughter Susan A. Scott does not survive me, is otherwise unable or unwilling to serve as Trustee, or ceases to serve as Trustee after having been appointed, I appoint The Family Trust, of 711 Bingham Street, Pittsburgh, Pennsylvania 15203, as Trustee of the Kenneth Lee Fenton Needs Trust established by this Paragraph 6. To the extent not inconsistent with the provisions, purposes and intentions of this Paragraph Sixth, the Trustee shall have the powers set forth in Paragraph 7 of this Will. The terms "Trustee," "trustee," "Trustees," and "trustees" may be used interchangeably in this Will. (c) Resignation of Trustee. Any individual Trustee may resign from the position of Trustee by executing a written resignation and delivering it to the successor Trustee. The date of the delivery of the resignation shall be the effective date of the resignation. No Court action or other proceeding shall be necessary for the resignation of an individual Trustee. Every title, estate, right, power and discretion conferred on the initial Trustee under this Will is likewise conferred on any successor Trustee. (d) No Bond Required. No bond shall be required of any Trustee or successor Trustee named in this Will. (e) In providing for the establishment of this Kenneth Lee Fenton Needs Tru~;t for the benefit of my said son Kenneth Lee Fenton, I am aware of the special circumstances and disabilities affecting Kenneth which may cause or will cause him to be eligible for various local, state and federal benefits and entitlements, as well as possible assistance provided by various private agencies and organizations. The primary purpose of this trust is to assure that Kenneth achieves his maximum potential and leads as full, independent and normal a life as possible. To that end, it is my wish that the individual trustees view themselves not only as trustees in the traditional sense, but also as protector, guardian and advocate for my said son. Correspondingly, the trustees shall expend the income and principal of the trust in ways that best further these goals, and under the following terms and conditions: (i) The trustees, within their complete and unfettered discretion, shall apply the income and principal of the trust in furtherance of the purposes of the trust as set forth above and generally to enhance the life of my son, Kenneth, if living, but only to the extent not provided for by insurance or by Federal, State, local or any other assistance programs of any nature whatsoever, including Supplemental Security Income benefits under the Federal Income Maintenance Program as then existing. The trustees shall have full powers of choice and discretion over the expenditure of payments of the trust. The trustees shall provide trust payments of such an amount as not to preclude payment of the maximum amount of any Federal, State, local or other assistance programs, as noteu above. The income and principal of this trust may therefore be used as judged necessary and appropriate as a supplement to, but not to supplant, such Federal, State, local or other assistance, and to the extent the income of this trust is not used, the trustees may accumulate the income and add it to the principal of the trust. (ii) The trustees are empowered to collect and expend on behalf of my said son, Kenneth, all governmental financial assistance benefits to which he is otherwise entitled; provided that such funds shall not be commingled with the other funds of this trust. (iii) In the exercise of discretion with respect to income and principal Last Will and Testament of Guy S. Fenton Page 3 of 7 distributions for Kenneth, if any, the trustees shall bear in mind my express desire to preserve, to the greatest extent possible, this trust's assets for eventual distribution to my descendants other than my said son, Kenneth, whether outright or in trust. The foregoing sentence is in no way intended to limit the sole and absolute discretion of the trustees with respect to such distributions or to give any remainderman any right to challenge any distribution made by the trustees in the proper exercise of such discretion. Rather, said sentence is intended to aid the trustees and any Court or administrative agency in properly interpreting my intent in establishing this trust, namely, that the needs of my son, Kenneth, be provided for only to the extent that governmental benefits and entitlements and other resources are either unavailable, inadequate, or have been exhausted. (iv) If any governmental agency determines that this Trust is an "available resource" to be utilized and exhausted to pay for services for Kenneth otherwise provided by public funding, then the trustees may, at their complete discretion, elect to terminate this trust, in which case the trust assets may be distributed to The Family Trust, 711 Bingham Street, Pittsburgh, Pennsylvania 15203 to be held for the benefit of Kenneth in accordance with the terms and conditions of The Family Trust Master Trust Agreement I, or if the trustees choose not to distribute the assets to The Family Trust, or if for any reason The Family Trust does not accept the trust assets, then they shall be distributed in accordance with subparagraph 6(e)(v) below as if my said son, Kenneth, were then deceased. (v) Upon the death of my said son, Kenneth, the principal of his trust as then constituted, together with any accrued and undistributed income thereon, shall be distributed to his then living descendants, per stirpes, and, in default of such then living descendants, the balance of his trust shall be divided and distributed to the then remaining and surviving heirs pursuant to Paragraph Third of this Will, per stirpes and not per capita. (f) Trustee's Judgment Final. The judgment of the Trustee as to the amount of payments or applications of principal or income shall be final and conclusive on all persons interested, or who may become interested, in the Trust estate. On making any payments or applications of principal, the Trustee shall be fully released and discharged from all further liability or accountability "'. (g) Additions to Corpus. Any property to which my son Kenneth Lee Fenton may be entitled may be added to the corpus of this Trust and administered in accordance with the terms and conditions of this Trust. To the extent that the Trustee may for some reason have the anthority, whether by appointment as Guardian of the estate, special guardian, or otherwise, to determine the disposition of any property to which my son Kenneth Lee Fenton may be entitled, I direct the Trustee to add the property to the corpus of this Trust. (h) Spendthrift Provisions. No beneficiary of this Trust shall have any right or power to sell, assign, convey, mortgage, pledge, anticipate, hypothecate or otherwise dispose of any right, title or interest that the beneficiary may acquire in the income or principal of the Trust estate until the income or principal has actually been paid over to the beneficiary by the Trustee. Nor shall the income or principal of the Trust estate, or any part of it, or any interest of any beneficiary under this Will be liable for, or to any extent subject to, any debts of any kind or nature incurred or contracted by any beneficiary, either before or after my death. Any right granted to a beneficiary to receive assets of the Trust estate, either principal or income, for the beneficiary's own use and benefit shall not be available for the satisfaction of any claims of the creditors of the beneficiary. Any right of receipt shall be suspended and may not be exercised by any beneficiary on the filing of a proceeding in bankruptcy in which the beneficiary is debtor. The suspension shall be continued during bankruptcy proceedings and shall be restored only after the entry of a final order of discharge of the beneficiary as debtor. (" . of '\-,~~ ~~) '1' \, SEVENTH '\ (a) Grant of Powers. My Executor, in the administration of my Estate, and my Trustee in the administration of the Michael A. Fenton Trust established in Paragraph 5, and my Trustee in the administration of the Kenneth Lee Fenton Needs Trust established in Paragraph 6, but in regard to the Kenneth Lee Fenton Needs Trust only to the extent not inconsistent with the provisions, purposes and intentions of that Needs Trust as described in Paragraph 6, (together referred to as "my fiduciaries"), shall have the powers and authorities set forth in this Article. These powers may be exercised by my fiduciaries in their sole and absolute discretion, without the permission or order of any Court. These powers shall be supplementary to the powers conferred by law, including, but not limited to, those set forth in Title 20, Chapter 33, of the Pennsylvania Consolidated Statutes. (b) Retention of Assets. My fiduciaries shall have the power to retain any or all property '-" ')'., 1 L..;'". '" Last Will and Testament of Guy S. Fenton Page 4 of 7 '< '!\:~ , <r"; '-.) .J .:. ,~ ('" . .'- \ ~, .J ) .J:;-) ", , of my Estate or Trust corpus, however received or acquired, for so long as they deem appropriate. This power may be exercised even though the property may not be of the type authorized by law for investment, and even though retention may leave a disproportionately large amount of the value of my Estate invested in one type of property. (c) Transfer of Assets. My fiduciaries shall have the power to sell, transfer and convey any property, of whatever nature, including real property, and wherever situated, that I may own at the time of my death, or that may come into my Estate or into the Trust corpus at or after my death. The sale, transfer or conveyance may be by public or private sale, at such time, on such terms and conditions, including selling price and credit, in such manner, and for any reason that my fiduciaries deem appropriate, including, but not limited to, the purpose of obtaining net proceeds to be distributed to my residuary beneficiaries. (d) Investment. My fiduciaries shall have the power to invest and reinvest any property in my Estate or in the Trust corpus in preferred and common stocks, bonds, notes, common trust funds (including any managed by any corporate fiduciary), interests in investments, trusts, mutual funds, leases, mortgages on property wherever located, and, generally, in any property and in proportions of property as my fiduciaries deem advisable, even though such investments are not of the character or proportions authorized by applicable law for the investment of such funds. (e) Power to Borrow. My fiduciaries shall have the power to borrow money for any purpose for any periods of time and on any terms and conditions as they deem advisable (including the power to borrow from any corporate fiduciary), and to pledge, mortgage, or otherwise encumber any property in my Estate or in the Trust corpus to secure repayment of any loan, as well as the plOwer to renew existing loans either as maker or endorser. (f) Distribution in Cash or in Kind. My fiduciaries shall have the power to make distributions in cash or in kind, or partly in each, in divided or undivided interests, and the power to determine which assets shall be sold and which shall be distributed in kind, without notice to or consent by any beneficiary. (g) Distribution to Minors and Persons Under Disability. My fiduciaries shall have the power to make distributions or payments to or for the benefit of any beneficiary who is a minor, an incompetent, or who in the fiduciaries' judgment is incapacitated or disabled. The distributions or payments shall be made in anyone or more of the following ways, at the discretion of my fiduciaries: (1) Directly to the beneficiary; (2) directly to the creditor in payment of the debts or expenses of the beneficiary; (3) to the Guardian of the person or estate of the beneficiaf'j; (4) to any custodial parent of a minor beneficiary; (5) to a custodian for the beneficiary under any law related to gifts to minors, including to my fiduciaries in that capacity; (6) to any other person who shall have the care and custody of the person of the beneficiary; or (7) to a needs trust or other such trust similar to that which is created in paragraph (6) of this Will or such other trust designed to supplement, but not to supplant, any insurance, Federal, State, local or other assistance, or other benefits due the beneficiary. There shall be no duty to see to the application of funds so paid, provided due care was exercised in the selection of the person to whom the funds were paid, and the receipt of the person shall be full acquittance of the fiduciaries. For purposes of this Paragraph Seventh, "minor" is defined to mean any person under the age of twenty-one (21). (h) Disposition of Business Interests. My fiduciaries shall have the power to continue or to permit the continuation of any business, incorporated or unincorporated, in which I may have any interest at the time of my death for any period of time, or to liquidate the business on any terms, as they deem appropriate. This power includes, but is not limited to (1) the power to invest additional sums in any business, even to the extent that my Estate or the Trust corpus may be invested largely or entirely in the business, without liability for any loss resulting from lack of diversification; (2) the power to act as or to select other persons to act as directors, officers or employees of any business, to be compensated without regard to being a fiduciary under this Will; and (3) the power to make any other arrangements in regard to any business as my fiduciaries shall deem proper. (i) Employment of Agents. My fiduciaries shall have the power to employ and pay the compensation of any and all attorneys;, agents, custodians, attorneys-in-fact, experts, investment counsel, accountants, bookkeepers or other agents or providers of services as my fiduciaries deem advisable in the administration of my Estate. U) Commissions. My fiduciaries shall have the power to take reasonable commissions on account at any time during the administration of my Estate or of the Trust without the approval of any beneficiary or of the Court, but subject to allowance or disallowance on the settlement of the final accounts of my fiduciaries. (k) Third Party Reliance. No person or corporation dealing with my Executor shall be required to see to the application of any property paid or delivered to my Executor, or to inquire into either the authority of my Executor to enter into any transaction or the expediency or propriety of Last Will and Testament of Guy S. Fenton Page 5 of 7 any transaction entered into by my Executor. EIGHfH Any and all payment or payments of any sum or sums, whether in cash or in kind and whether for principal or income, payable to any said child or children, shall be made upon the sole receipt of the respective individual to whom the payment is made, and free from anticipation, alienation, assignment, attachment and pledge, and free from control by the creditors of any such beneficiary. All shares of principal and income herein given shall be free from anticipation, assignment, pledge or obligations of any beneficiary, and shall not be subject to any execution or attachments. NINTH I hereby nominate, constitute and appoint my daughter Susan A. Scott as Executrix of this my Last Will and Testament. In the event of the renunciation, death, resignation or inability to act for any reason whatsoever of my said daughter, I nominate, constitute and appoint Citizens Bank of 665 North East Street, Carlisle, Pennsylvania 17013, as Executor of this my Last Will and Testament. I further direct that no bond or other security shall be required of any Executor or Executrix appointed in this Will for the performance of his, her or its duties in any jurisdiction in which he, she or it may be called upon to act. The terms Executor or Executrix may be used interchangeably in this Will and shall refer to any Executor or Executrix appointed in this will, or any other Administrator appointed by a court of competent jurisdiction. TENTH In addition to, and not in limitation of, the powers conferred by law or by other provisions of this Will, my Executrix shall have the following powers, each of which may be exercised from time to time by my Executrix in her sole discretion: (a) To retain in the form received, and to sell either at public or private sale, or to distribute in kind, any real or personal property. (b) To manage both real and personal property. (c) To invest and reinvest in all forms of property, notwithstanding the fact that any or all of the investments made are of a character or size which but for this expressed authority would not be considered proper for an Executrix. (d) To exercise any option or rights arising from the ownership of investments. (e) To compromise claims without court approval and without the consent of any beneficiary . IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament, written on seven (7) pages (including notary page), this 24th day of February, 2002. .j';' ,,' " '7. ."""-,, i' i -.....,/', r " . ~~~~~~n t",.,. i L-~~/L. (SEAL) Signed, sealed, published, and declared by Guy S. Fenton, the Testator above named, as and for his Last Will and Testament, in our presence, who, in his presence, at his request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. ~., ~;. --/7 ..... .. /~~':/~ L,~>:7 ,Kl/ 'I" ,I'" " /. .( " .-,' -' i;:-t ./ ~. 1 .0' .... , I ,/- 1 "'. ~,..' ""-'.";'yJ'.- -.' ; 1-{5 ~ r< ,f /' )/ '-L-,,/' Last Will and Testament of Guy S, Fenton Page 6 of 7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: ) We, Guy S. Fenton, the Testator in, and Stephen ;-) "'Hey and Trisha,\. Uess , the witnesses, to the Last Will and Testament, the attached or foregoing instrument, who have signed the instrument, having been duly qualified according to law do depose and say: a. that I, the Testator, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament, that I signed it willingly and as my free and voluntary act for the purposes therein expressed; and b. that we, the witnesses, were present and saw the Testator sign and execute the instrument as his Last Will and Testament, that he signed it willingly and executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Last Will and Testament as a witness and that to the best of our knowledge the Testator was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. ,., .' /'7 If , I' 7: " Gu:s~kto~J - . .I -"T,.".1'/." ,,~. ....,.'.....~ #i/P ;/ _.. ~ ' ."', . . .~..,,/~A"'l ~ _~)r ,... /' ..~~7 ..c~?/ /;! / ~... /:. pi A ,(-:;x; ) t~ ~ /' /' .-" .....~>-; / I / r 1'-15 ), ~ Subscribed, sworn to and acknowledged before me by the Testator and the witnesses above- named, this 24th day of February, 2002. . \ C 11 "'~,-~ ._~~--L3 . /~ Notary Public ) (v r F NotARIAl SEAl. I ROBERT G. FREY, HOTARYPIJEiUC . c.ARUSl.E, CUMBERl.ANO COUNtY PA I MY COMMiSSION EXPRIRES JUNE 3:2002 Last Will and Testament of Guy S. Fenton Page 7 of 7