Loading...
HomeMy WebLinkAbout03-07-08 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA File Number 21 - 08 :) [pC Estate of Charles F. Bruce also known as , Deceased Social Security Number 168-01-8593 Chad F. Bruce Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or '8' BELOW:) 00 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the last Will of the Decedent dated 11/06/1997 and codicil(s) dated Mildred T. Bruce died on May 11, 2003. Executor named in the (State relevant 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: (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pedente lIte; durante absentia; durante mmonlate) . -.' C) :.;., Petitio~er(s) after a proper search has / have asce~ai~ed th~t Decedent left no Will and.was suryived by the following spOUSE! pptny) a~a heirs: (If AdmInistratIOn, c.t.a. or d.b.n.c.t.a., enter date of WII/ In SectIon A above and complete lIst of hetrs.) C': :::ci --.I ..; ~rl o 13. Grant of Letters of Administration . I Name Relationship Residence , i ... I '. -- .. ~ '-.... (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal residence at 410 Big Spring Avenue, Green Ridge Village (West Pennsboro Twp), Newville, PA 17241 (List street address, town/city, township, county, state, zip code) Decedent, then 90 years of age, died on 02113/2008 at Carlisle Regional Medical Center, Carlisle, PA Decedent at death owned property with estimated values as follows: (If clomiciled in PAl All personal property $ 1,000.00 (If not domiciled in PAl Personal property in Pennsylvania $ (If not domiciled in PAl Personal property in County $ Value of real estate in Pennsylvania $ 90,000.00 situated as follows: 3 tracts (80 acres +,-) of unimproved farm land at Kutz Road and Route 81 in Penn Township, Cumberland County, PA. WhereforE!, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: ~~ U-'J Chad F. Bruce Typed or printed name and residence 13121 Greenoble Drive Rockville, MD 20853 Form RW-02 Rev 10.13.2008 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 Oath of Personal Representative COMMONW EAL TH OF PENNSYLVANIA } SS COUNTY OF Cumberland } The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal r~eresentative(s) of the Decedent, Petitioner(s) will well and truly administer the estlite according to law. 41 Sworn to or affirmed and subscribed 't Signature of ersonal Represe Chad F. Bruce before me tbis 7 day of ft,. ~I'y/ '. ' YL.'.)/l '.(." t) ; -,~------, "----- : 0' 1'1 / I ' _.,,/f~J.~_ v (_ For the Register ;-.'" ~ Signature of Personal Representative ---,0 :~n Signature of Personal Representative ):::, :t:: File Number: 21 - 08 '~_.J c:' 6 :)(00 Social Security Number: Estate of Charles F. Bruce 168-01-8593 Date of Death: 02113/2008 AND NOW, (Via r (>/:' 7 , Deceased ,:) ob 6' , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Chad F. Bruce in the above estate and that the instrument(s) dated 11/06/1997 described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent. F FEES')- <-"1/ (JDL Letters................. ....f..................... $ Short Certificate(s).....0............. $ Renunciation(s)............................. $ [0,1 ! "Je f _It. '/0 TOTAL.................................... $ Form RW-02 Rev, 10.13-2006 (~/O I;:) . .~7 l1? i~ I / ~ Jjt~.~ . .VU~ - /y Attorney Signature: $ $ $ $ $ $ $ $ $ /-:::; 10 'J- Attorney Name: Supreme Court I.D. No.: 19373 10 West High Street Address: Carlisle, PA 17013 717/241-4311 Telephone: ~5;) Copyright (c) 2006 form software only The Lackner Group. Inc. Page 2 of 2 HI05.X05 REV IlillOiI LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Certification Number This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. Fee for this certitlicate, $6.00 P 14122288 ~ ./J;~~7- Local Registrar FEB /2 0 ZJ08 Date Issued .:CJ . :lJ .1 , <_.:J - 'J I -..l ~ I REV 11/2Q06 H'i'm<1TlN MANENT ~CK INK ;( I 0 8' C.;>&J) COMMONWEALTH OF PENNSYLVANIA. OEPARTMENT OF HEALTH. VITAL RECOROS CERTIFICATE OF DEATH (See instructions and examples on reverse) -"- C~J STATE FILE NUMBER ,. Name 01 Decedent (First, middle, last, suffix) Charles 5. Age (last Birthday) 3. Social Security Number 168 - 01 8593 2008 6. Dale of Birth (Month, day, year) 90 Yrs 8b, County 01 Death Other: o Nursing Home 0 Residence DOther. Specify 9. Was Decedent of Hispanic Origin'> 1XI No 0 Yes 10. Rac&: American Indian, BJack, While, ele (If yes, specify Cuban, (Specify) Mexican. Puetfo Rican, ele.} Whi te 14. Marital Status: Married, Never Married, Widowed, 01"""" (Specify) Widowed 17b. Coun~ Pennsvlvania Cumberland Did Decedent Uve il'l a Township? 17C.[Ja, Y~s! Decedent Lived in 17d.O No, Decedent Uved within ActuatUmitsof West PennsboTo Twp. 410 Big Springs Road Newville. PA 17241 18. Father's Name (First, middle, last, suffix) William E:. Bruce 20a. Informant's Name (Type / Print) Mr. Chad F. Bruce D9cedent's AcfuaJResidence 17a,State City/Bora 19. Mother's Name (Firsl, middle, maiden sUlTlame) Florence Bollenber 201:1. Informant's Maiting Address {Street, city I town, slate, zil:> code) 13121 Grenoble Drive. Rockville. MD 20853 21c. Place of Dispos~ion jName of cemelery, crematOly or olher piece) 21d. Location (City I town, slate, lip code) - ~ Cremation Society of PA Auer Memorial Home and n Harrisburg. PA 17109 Cremation Services. Inc. 2..0 c:? g- IJ~ c:>c;' 7 c; }2. ~..f:.~ Items 24-21) must be completed by person . who pronounces death lion? M. Approximate interval' Part II: Enter other sion~icanl conditions contributina to death, 28. Did Tobacco Use Contribute to Death? Ons&llo Death but not resulijng in the underlying cause given in Part I 0 Yes 0 Probably o No 0 Unknown 29. II Femafe: o Not pregnant within past year o Pregnant at lime of death o Not pregnant. but pregnant within 42 clays oIcieath o Not pregnant, but pregnant 43 days to 1 year betOl'9 death o Unknown if pregnant within the pasl year 32c. Place 01 Injury: Home, Farm, Street, FactO!)'. Office Building. elc. (Specify) ~~~~~~~di~ a. (v--o~~ Due to (or as a consequence of): <- ~E:-n~ { ( 0' v e.... Sequontia'liv is! conditions. ~ any, IeedinQ 10 the cause listed on fine a. Enter !he UNDERLYII<<l CAUSE ldsease or injury that initiafed \he events resulting In death) LAST. b. Due to (or as a consequence of): c. Due to (or as a consequence of): d. DYes ONo 31. Manner 01 Death ~~ 0 _~de o Acddellt 0 PentlU19 Invesligation o Suicide 0 Could Not be Oetennined 32a. Dale 01 Injury (Month, day, year) 308. Was an Autopsy Perfomled? ~iOb. Were AutOQSy Findings Available Prior to Completion 01 Cause 01 Death? DYes ~ 32d. Time of Injury 32g. Location 01 Injury (Street. city Ilown, stale) 333. Certifier (check only one) ~:~~~~~~:=,n=~~=:, ~~W:u::::~: ~ ~~~~_~~~e~~~ _ _ _ _ _ _ _ _ _.. _ _ _ _ _ _ _ 0 .. ~=~f~~~~~:~:ncJc=="=~':::~ a:~~~~:~:~~ manner as statecL.. _...... _............ _ __.... 0 = =;:~= and I or Investigation, in my opinion. death occurred at the time, date, and place, and due to the cause(s) and manner as stated.. 0 :.RegiS!rarS~~rid~r~ lo2J/IAI/It' DiSPClSiliOl'1 Permil No 019')617 F:\WP51\C11ENT\SHUGDALE\BRUCE2.WIL 11/04/97 ReD LAST WILL AND TESTAMENT I, CHARLES F. BRUCE, of the Borough of Carlisle, Cumberland County, Pennsylvania, declare this to be my Last Will and ~estament and revoke any Will or Codicil previously made by me. Ci I TEM I: I direct that all my j list debts , I ~' ~1 (except as' mp.y be __I barred by a Statute of Limitations) and my funeral eXp'en?"~s (including my gravemarker and expenses of my last illness) shall".1)e j " paid from my residuary estate as soon as practicable after L:my decease as a part of the administration of my estate. ITEM II: I give and bequeath all my tangible personal property (excluding cash on hand and tangible evidences of intangible personal property), including but not limited to, any and all automobiles and other motor vehicles, household goods and furniture and furnishings, china, silverware, jewelry, ornaments, works of art, books, pictures, wearing apparel and personal effects, together with any policies of insurance applicable thereto including any prepaid premiums thereon to my son, CHAD F. BRUCE, provided that he shall survive me. ITEM III: If my wife, MILDRED T. BRUCE, survives me, I devise and bequeath to my TRUSTEE, hereinafter named, to be held in a separate TRUST (the non-marital or By-pass Trust) the maximum amount that can pass at my death free of federal estate tax because of the unified credit and all other credits or deductions applicable to my estate other than the marital deduction, (provided however that the credit for state death taxes shall be taken into I ~ r account only to the extent that doing so does not result in state death taxes that would otherwise not be payable) . The amount of this By-Pass Trust and its funding shall be governed by the following: A. The amount of this By-Pass Trust shall be reduced by the aggregate of (1) all items includable in my estate for Federal Estate Tax purposes which either are taxable gifts made during my lifetime or are disposed of in previous articles of this Will or pass outside of this Will but only if such items do not qualify for the Federal Estate Tax marital deduction or the Federal Estate Tax charitable deduction and (2) the amount of any administration expenses claimed as income tax rather than estate tax deductions. B. My executor shall allocate and set aside or distribute to this By-Pass Trust any (up to all) assets (or proceeds of assets) which do not qualify for the marital deduction for Federal Estate taxes. But in no event shall assets be distributed in kind to this By-Pass Trust to the extent the effect would be to permit diminution of the marital deduction trust (created in Item IV below) by more than a pro- rata share of all depreciation occurring in my estate between the date of my death and the date of distribution to this Trust. Any allocation of assets between this By-Pass Trust and the marital deduction trust shall, with respect to each gift, be comprised of assets having an aggregate market value 2 C/Wutf;,g~ce at the time of allocation fairly representative of the net appreciation or depreciation in value to the date of distribution of all assets then available for distribution. C. My Trustees shall hold this gift, IN TRUST, for the following uses and purposes and under the following terms and conditions: 1. To pay the net income therefrom to my wife, MILDRED T. BRUCE, for and during her lifetime. 2. As much of the principal of this Trust as my Trustees in their sole discretion may from time to time think advisable for the health, support and maintenance of my wife, MILDRED T. BRUCE, and for the protection and preservation of her property, shall either be paid to her or else applied directly for her benefit by my Trustees after taking into account her or their other readily available assets and sources of income. 3. My Trustees may apply the net income of this Trust for the support of my wife, MILDRED T. BRUCE, should she by reason of age, illness or any other cause in the opinion of my Trustees be incapable of disbursing it. 4. Upon the death of my wife, MILDREDT. BRUCE, (or upon my death, if my spouse shall have predeceased me) the then remaining principal and any undistributed income shall be distributed to my son, 3 CHAD F. BRUCE, if he C ~~aW~,c ( shall then be living. However, if my son has died before the death of the latter of my wife and me but leaves descendants who are living at the death of the latter of my wife and me, such descendants shall receive, per stirpes, the share that my son would have received had he been then living. If at any time after my death, whether during the continuation of any trust established hereunder, or at the time for termination of such trust, there is no beneficiary named or designated hereunder living to receive such property, or to have such property continue in trust for his or her benefit, or at my death, if no such beneficiary is then living, the property then constituting the trust estate shall be distributed, free from trust, as follows: a. One-quarter (1/4) thereof to my brother, ELMER R. BRUCE, provided he shall survi ve me. Should my said brother be then deceased, such property shall be distributed to my intestate heirs as then ascertained under the Intestate Laws of Pennsylvania as though I had died at such time, a resident of Pennsylvania and owning such property. b. One-quarter (1/4) thereof to my daughter- in-law, LINDA H. BRUCE, provided she shall survive me. Should my said daughter-in-law be then deceased, such property shall be distributed to my 4 r Cu1~~A . intestate heirs as then ascertained under the Intestate Laws of Pennsylvania as though I had died at such time, a resident of Pennsylvania and owning such property. c. One-half (1/2) thereof to be divided among the following individuals in the following manner: (1) 25% to my wife's sister, CARLENE FOSTER. If she does not survive me, then to my wife's sister, VERNA BAKER and niece, PATRICIA DOWNING, or the survivor, in equal shares. (2) 50% to my wife's sister, VERNA BAKER. If she does not survive, then to my wife's sister, CARLENE FOSTER and niece, PATRICIA DOWNING, or the survivor, in equal shares. (3) 25% to my wife's niece, PATRICIA DOWNING. If she does not survive, then to my wife's sisters, CARLENE FOSTER and VERNA BAKER, or the survivor, in equal shares. Should both of my wife's sisters and her niece be then deceased, such property shall be distributed to my wife's intestate heirs as then ascertained under the Intestate Laws of Pennsylvania as though she had died 5 at such time, a G ~~ee resident of Pennsylvania and owning such property. ITEM IV: All of the residue and remainder of my estate, I devise and bequeath to my Trustees hereinafter named, to be held, IN TRUST, (the Marital Deduction Trust) for the following uses and purposes and under the following terms and conditions: A. My wife, MILDRED T. BRUCE, shall be paid the entire income from the principal in such periodic installments as the Trustees shall find convenient, but at least as often as quarter-annually. B. As much of the principal of this trust as my Trustees, in their sole discretion, may from time to time think advisable for the health, support and maintenance in reasonable comfort of my wife, MILDRED T. BRUCE, and for the protection and preservation of her property shall either be paid to her or else applied directly for her benefit by my Trustees after taking into account her other readily available assets and sources of income. C. My Trustees may apply the income or Principal of this Trust for the support of my wife, MILDRED T. BRUCE, should she by reason of age, illness or any other cause in the opinion of my Trustee be incapable of appropriately receiving or disbursing it. D. Upon the death of my wife unless there is a contrary provision in her Will, the Trustee shall deduct and pay to the personal representative of my wife's estate an amount equal ~o(/ 6 ~tI~~c the increase if any in federal estate tax or state death taxes which her estate will have to pay because of the inclusion of the assets under this ITEM IV of my Will in her gross estate. My Executor or Trustees may rely upon a certification from my wife's personal representative as to the amount of such additional death taxes. E. This ITEM IV of my Will lS intended to be able to qualify and my Executor is authorized to make such election as is necessary to qualify all or part of this gift for the marital deduction under the qualified terminable interest property provision set forth in Section 2056 (b) (7) of the Internal Revenue Code of 1986, as amended. As such I direct that (1) if any provision of my Will shall result in depriving this ITEM IV of the benefits if IRC ~ 2056 (b) (7) such provision is hereby revoked and my will shall be read as if any portion thereof which would result in such disqualification is null and void; (2) my Executor is hereby excused from liability to any person for the decision to elect to have this ITEM IV qualify for the marital deduction or for the decision to elect not to so qualify all or any of it; and (3) no reimbursement or other adjustment shall be made as among beneficiaries by reason of the consequences of such election or failure to elect. If the federal estate tax laws applicable to my estate permit a partial election to be made, or permit such an election with respect to a specific portion 7 (. &(;~l~~ of this Trust, my Executor may make such election with respect to less than all of this Trust. It is my suggestion that my Executor elect to qualify this entire Trust under Section 2056(b) (7) of the Internal Revenue Code unless the anticipated incremental estate taxes occasioned by my spouse's death or the anticipated length of survival of my spouse make a lesser election or no election more appropriate. My Executor shall not be liable for any decision made in good faith and with reasonable diligence with respect to such election. F. If the marital deduction or any similar benefit is allowable with respect to any property, including property held by entireties, which my wife has received prior to my death, or at my death will receive otherwise than pursuant to this ITEM IV, the value of such property should be taken into consideration in calculating the size of the election made by my Executor. G. In funding the By-Pass Trust under ITEM III and this marital deduction (Qualified Terminable Interest Property) Trust, my Executor shall take into consideration the existence of and shall not (if possible) distribute to this portion any assets which would not qualify for the federal estate tax marital deduction. H. All assets distributed in kind shall be valued at the value at which it is finally included in my gross estate for federal estate tax purposes, provided. that th. e esgre.gate G Cl-fL~./J ~L ~'-~ 8 market value thereof on the date of allocation (plus the value as finally determined for federal state tax purposes of all other property qualifying for the marital deduction) be comprised of assets having an aggregate market value at the time of allocation fairly representative of the net appreciation or depreciation in value to the date of distribution of all assets then available for distribution. I. Notwithstanding any other provision of this Will, my spouse shall have the right and power to direct that the assets of this Trust be invested or reinvested so as to produce such income as is reasonable and consistent with the val ue of the trust corpus. Notwithstanding any contrary provision of this Will, my Trustee shall pay to my spouse's estate all income accrued or received by this Trust, but not distributed prior to my spouse's death. J. I recognize the possibility that no amount may be disposed of by this ITEM IV and that the amount disposed of may be affected by certain tax elections of my Executor. K. Upon the death of my spouse (or upon my death if my spouse shall have predeceased me), and after paYment of any taxes payable pursuant to Section E. of this ITEM IV, the balance of this Trust shall be distributed in the same manner as is provided for in ITEM III.C.4. hereof. ITEM V: I direct my Executor to pay all estate and inheritance taxes, including any interest and penalties thereon, (other than any caused by negligent delay) payable with respect to all property G Wv~~( 9 includable in my gross estate, or taxable by reason of my death, whether or not such taxes are payable by my estate or by the recipient of any such property, out of the portion of my Estate distributable to ITEM III above. ITEM VI: My Executors, Trustees and Guardians (herein sometimes referred to as II fiduciaries II or II fiduciaryll) shall have the following powers in addition to those vested in them by law and by other provisions of my will applicable to all property, whether principal or income, including property held for minors, exercisable without court approval, and effective until actual distribution of all property: A. Any fiduciary hereunder may renounce or resign at any time with or without cause. B. No fiduciary shall be required to file bond, execute any instrument appointing anyone to accept service of process, or file inventories or accounts of any kind, except as ordered to do so by a court of competent jurisdiction or as required to do so under a state statute not providing for release of such requirements by a testator. C. If there is no corporate fiduciary acting hereunder, my Executor or Trustees may designate a corporation (regardless of where organized or headquartered) with fiduciary powers to act as agent or custodian hereunder, may delegate to it such duties as may be appropriate (including investment recommendation duties), may pay to it reasonable compensation for its services, and may discharge it with or G [~~4-(hUL( 10 without cause. D. To retain any or all of the assets of my estate, real or personal, including stock of any corporate fiduciary, without regard to any principal of diversification or risk. E. To invest in all forms of property, including stock, common trust funds, and mortgage investment funds whether operated by my fiduciary or others, without restriction to investments authorized for Pennsylvania Fiduciaries, as they deem proper, without regard to any principle of diversification or risk. F. To sell at public or private sale, to exchange, or to lease for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms or conditions as they deem proper. G. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper in their sole discretion, but in no event shall the income of the marital deduction trust be reduced by the exercise of this power. H. To borrow from or to sell to my Trustees even though such Trustee may be my Executor. I. To cause the title to any property held hereunder to stand in the name of a nominee or nominees. J. To repair, alter or improve any real or personal property; to borrow money, including the right to borrow money from any fiduciary hereunder, and to pledge, mortgage, or l~LQ 11 create a security interest in any property held by them as security therefor, and to make loans, secured or unsecured, for such purposes and upon such terms and conditions as they may deem advisable, including loans to my estate, with or without interest, for any purpose whatsoever, and to exerclse options of any kind. K. To subscribe for or to exercise options for stocks, bonds or other investments; to join in any plan of lease, mortgage, merger, consolidation, reorganization, foreclosure or voting Trust and to deposit securities thereunder; to vote securi ties in person or by proxy, in such connection to delegate discretionary powers; and generally to exercise all the rights of security holders or employees of any corporation. L. To compromise, submit to arbitration or release any claim of my estate or any Trust hereunder against others and to pay, compromise, or submit to arbitration any claim of others against my estate or any Trust hereunder. M. To exercise any law-given option to pay death taxes in installments, the payment of interest due on such installments to be a charge against principal. N. To exercise any law-given option to treat administrative expenses either as income tax or as estate tax deductions, without regard to whether the expenses were paid from principal or income, without regard to whether the size 12 ITEM IV hereof (if CGUL~~~ec(' of the marital deduction share created in elected) will be increased thereby, and without requiring reimbursement. o. To receive other property of any type acceptable to the Trustees, including, but not in way of limitation, life insurance proceeds, which may be devised, bequeathed, assigned, granted, conveyed or made payable to the Trustees by any other person, to be added to and administered in accordance with the then applicable provisions of the Trust or Trusts hereunder; provided, however, if more than one Trust is then being administered hereunder, such other person may specify, in the instrument of transfer, among which Trusts, and in what proportions such property shall be allocated. P. To treat the entire trust estate as a common fund for the purpose of investment, notwithstanding any provision herein for division thereof into shares or separate Trusts. Q. Any Trust beneficiary will have the right at any time to request of and receive from the Trustees a complete written accounting of such matters pertaining to the administration of the Trust as are pertinent to that beneficiary. In the Trustees' discretion, income tax returns of the Trust may be used to satisfy such request. R. In making distribution of my estate, my Executor (and in making distribution of any Trust, my Trustees) are hereby granted the power to make non-prorata distribution of assets in kind. s. My Trustees in addition to other powers granted shall ~~~~'Ul 13 have the authority to purchase life insurance on the lives of any or all beneficiaries of the Trust. In additionl specific authority or power is granted to pay premiums on existing policies as well as those purchased after the creation of the Trust even though said policies may not be owned by or payable to the Trustees as beneficiary. Premiums may be paid from the income of the Trust estate orl if necessarYl from principal. T. Should the principal of any Trust herein provided for be or become so small that 1 in the Trustees 1 discretionl establishment or continuance of Trust is inadvisablel my Trustees or my Executor may make immediate distribution of the then remaining principal and any accumulated or undistributed income outright to the person or persons and in the proportions they are then entitled to. If any such person is then a minor 1 distribution may be made to that person 1 s guardianl or to a person selected by the Trustee to be custodian for such person until the age of twenty-one (21) years under the Pennsylvania Uniform Transfers to Minors Act. U. My fiduciariesl generally, shall have full power and authority to exercise all rights and privileges appurtenant to any property held by my fiduciaries 1 and to execute and deliver any and all instruments which may be necessary or expedient in the exercise of the powers granted herein; providedl howeverl that no Trustee hereunder shall have any power in the administration of the Trust created under ITEM IV hereof which would in any way disqualify said Trust( fo~ t~e Cf{{\''lUv/~U~ 14 purposes of the marital deduction afforded by the Federal Estate Tax Laws. v. Any fiduciaries are authorized to make distributions in any manner which he or she deems to be in the best interest of a beneficiary, including: 1. To such beneficiary directly, including mailing to his or her last-known address or depositing to his or her bank account or to a bank account to be opened by him or her; and 2. To an existing Trust (or fund thereof) for the sole benefit of such beneficiary and providing no less a right to present enjoyment of income and principal that would be the case under the Trust hereunder; and 3. Directly to third persons for the sole benefit of such beneficiary or such beneficiary's dependents. 4. The receipt for any distribution made in conformity with the above provisions will fully discharge Trustee from any further liability for that distribution. 5. No fiduciary will exercise any discretionary authority to distribute principal or income for the benefit of any beneficiary to reimburse any governmental entity which may have incurred expense for the benefit of that beneficiary or pay any obligation of a beneficiary if that expense or obligation is otherwise payable by any governmental entity or pursuant to any governmental program of reimbursement or paYment. 15 CAUt~~~{t~ c_ w. The situs of any Trust created hereunder shall be in the County of Cumberland, and State of Pennsylvania, and all questions pertaining to the construction or validity of the provisions of this instrument shall be governed by the laws of that State (other than its conflicts of laws provisions). Despite the foregoing, the Trustees may, at any time and from time to time, change the situs of any Trust created hereunder as the Trustees in their sole discretion deem desirable for the benefit or security of this Trust. The Trustees may elect (or decline to elect) the law of a different jurisdiction and thereafter the court of such other jurisdiction shall have the power to effectuate the purposes of this instrument to such extent. The Trustees may change the situs of any Trust created hereunder, and may change the situs of one Trust without changing the situs of other Trusts created hereunder. This is a continuing power which will not be exhausted by its use. The determination of the Trustees as to the change of situs shall be conclusive and binding on all persons interested or claiming to be interested in any Trust hereunder. x. If there are co-fiduciaries serving hereunder, they may delegate any and all management duties and responsibilities to one of them. My co-fiduciaries may, for example, designate one of them to maintain a bank account or accounts, and in that instance the signature of only that fiduciary shall be required to open and maintain such acco~t() C (atJ:L:JJ cI1~<:VUL-e (/ 16 to deposit funds to such account and to write checks on such account. ITEM VII: If any property passes outright (either under this Will or otherwise) to a minor (which shall be defined as anyone under twenty-one (21) years of age) and with respect to which I am authorized to appoint a guardian and have not otherwise specifically done so, I decline to appoint a guardian but instead authorize my Executor to distribute such property to a Custodian selected by my Executor (and my Executor may act as such Custodian) as Custodian for the minor under the Pennsylvania Uniform Transfers to Minors Act. Provided, however, that this appointment shall not supersede the right of any fiduciary to distribute a share where possible to the minor or to another for the minor's benefit. ITEM VIII: I appoint my son, CHAD F. BRUCE, Executor of this my Last Will. Should he fail to qualify or cease to act as Executor, I appoint my daughter-in-law, LINDA H. BRUCE, Executor of this my Last Will. ITEM IX: I direct that my Executor and Trustee or their successors shall not be required to give bond for the faithful performance of their duties in any jurisdiction. ITEM X: I appoint my son, CHAD F. BRUCE, and FINANCIAL TRUST SERVICES COMPANY, Trustees of any trusts created by this my last Will. Should my son, CHAD F. BRUCE, fail to qualify or cease to act as Trustee, I appoint my daughter-in-law, LINDA H. BRUCE, substitute Co-Trustee. ITEM XI: My individual fiduciary shall 17 be enti:le~ TJ C C[a'V~1i5u(R."~ reasonable compensation for his or her services rendered from time to time and to reimbursement of out of pocket expenses. ITEM XII: My corporate fiduciary shall be entitled to compensation based upon its regular schedule of fees for such services in effect from time to time during the period over which its services are performed. ITEM XIII: I specifically give unto my son, CHAD F. BRUCE, or should he be unable or unwilling to act, my daughter- in-law, LINDA H. BRUCE, as the case may be, in his sole discretion, the right and authority to revoke the appointment of any corporate fiduciary designated in my Will or in any Codicil thereto, provided that he simultaneously appoint a substitute corporate fiduciary. IN WITNESS WHEREOF, I hereunto set my hand and seal to this my Last Will and Testament, written on nineteen (19) sheets of paper, dated this ~ U day of )1-IIJ'J.{2~ v..tlf'-J , 1997. ~tt~~ Charles F. Bruce ( SEAL) The preceding instrument, consisting of this and seventeen (17) other typewritten pages, each identified by the signature or initials of the Testator, was on the day and date thereof signed, published and declared by the Testator therein named, as and for his Last Will, in the presence of us, who, at his request, in his presence, and in the presence of each other have subscribed our names as witnesses her to. residing at 55 c N~.L) '5[1f20p C~4 /1 f) fJ 17()/ ~ , residing at 3JEIJ<>i""f'i/6H 57 d ~()3 C r/fL'-L> <"17 PA I? (J 13:. 18 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND I, CHARLES F. BRUCE, the Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. G~~U(U Charles F. Bruce (SEAL) Sworn to or aff~med and axknowledged before me by C '1!!-e..s 1": f$,evt:. €- , the Testator, this W day of ~ , 1997. ~~.p~ NOTAR!Al SfAl BONNIE l. COYLE. NOTARY P'J3LlC 8000 OF m HOLLY SPRiNGS. C'JM&llU.ND CO MY COM'AISSIOH EXPIRES OCTOBER 17. 1:!33 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : We, D~ t '€- t 5 h~9 kG( fLt JI<_ and -1 ~ ~V"\ ~ nA(V\~~k: , the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute the instrument as his Last Will; that the Testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testator signed the Will as a witness; and that to the best of our knowledge the Testator was at the time eighteen (18) or more years of age and of sound mind and under no constraint o~ undue influence. /" :5/"" J// Sworn to or affi.rrnprl..~rn. sllh~(""""'ibed to before me by 1)4J.'4L..F~"1hr-tAL~d')e. and ~~ Bct.R.~[(~.c ,witne ses, this ~ day of N~u~~ ,1997. ~X~ Notary blic 19 _....~~~~ c;- -4'- ~ \ rffi'iP.l'\~.l~F~\v ,,,.,, \;' ~ .. ~~f"': r~v'.. 't1J),......i '1..)1,.-"'", ..1".'.......' ?"fI'iK.(. \~, ,,,....!.':. --" "'C""'l.\:';'J "', ( ~~~ ~1~' \~ ,,:~J:~~; ,:~~'~~~:~~~\~{;.)~~~~; ...:.~-:;:.... '; \ \"!J.;\1 \.'C)*.\""'I:'JO~.;..",,~'lWi~',.c.~-*"'.~ \.'('~~~"