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HomeMy WebLinkAbout04-01-08 ~ \ <)'6 o3>csl..J 1fia:st ~ill a:Ult mcsta:mcut of SHIRLEY L. FISHEL 2 :?'o ..~::o CP "\J ......... ;n~""J :a - r-- r;. -gj '-;"" (f) ^ c-s 8":>0 C) ,., (.::>c ; :D ::-0....... ~ r-...) <= <= c::a :co- -0 ::0 I 3"" :x 'f! c..n \D I, SHIRLEY L. FISHEL, of Cumberland County, Pennsylvania being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils previously made by me. ITEM ONE: I direct that there shall be paid from my Estate all debts my funeral expenses, expenses connected with my last illness, or other expense connected with the administration of my Estate, inheritance, succession, transfer and state taxes (both state and federal), or like taxes, that may be assessed or levied against my Estate on property passing outside this Will or by reason of the legacies and devisees herein made, or which may be in any way or for any reason enforceable against or collectible from my Estate, shall be paid from any assets available therefore as determined by my Executor in his sole, unfettered and sound discretion. My Executor shall, in making this determination, consider paying such taxes from the residuary without prorating but after considering the ultimate impact on all beneficiaries may vary from this suggestion. I give my Executor discretionary power and authority to compromise such future tax with the proper governmental officer or authority and pay the amount so fixed and determined. ITEM TWO: I give, devise and bequeath all of my estate, real, personal and mixed, whatever kind and wheresoever situate, to be divided equally among my three (3) children, BRODY C. WITMER, RHONDA E. HARLACHER, and BRIAN H. FISHEL, per stirpes. ITEM THREE: I appoint my son, BRIAN H. FISHEL, as Executor of my Will. In the event that he is unable or unwilling to serve, then I appoint my daughter, RHONDA E. HARLACHER, as my successor Executrix. In the event that either of them is unable or unwilling to serve, then I appoint my son, BRODY C. WITMER, as successor Executor. The terms Executor and Executrix as used in this Will shall be construed to be masculine or feminine, singular or plural, as the case may be. I direct that my Executor shall not be required to furnish any bond or any security in any jurisdiction, notwithstanding the fact that he may be a nomesident of the Commonwealth of Pennsylvania. ITEM FOUR: My Executor shall have the following powers in addition to but not in limitation of those powers vested in fiduciaries by law and by other provisions of this Will, applicable to all property held by him, exercisable without court approval and effective until actual distribution of all property: 1) To retain any property received by him for so long as he may deem proper, and invest and re-invest in all forms of property, without restriction to investments authorized for fiduciaries and without regard to any principle of productivity, diversification, or risk. 2) To sell or exchange for cash, property or credit, or to lease, any real or personal property, or to give options for those purposes, for such prices and upon such terms and conditions as he may deem proper. 3) To manage and operate all real estate, including but not limited to the power to release, partition, vacate or abandon it, to grant and acquire licenses and easements with respect thereto, to make improvements to or upon it, and to construct, demolish, alter, repair and maintain buildings or other improvements. 4) To borrow money from any source and mortgage or pledge as security any property where necessary in the opinion of my Executor. 5) To arbitrate, compromise, adjust or settle any claim or controversy. 6) To distribute in cash or kind, or partly in each, and for that purpose, to divide, partition and allot property at valuations fixed by him. 7) To employ investment counsel, brokers, attorneys and such other assistants and agents as he may deem advisable. 8) To execute and deliver any written instruments which he may deem advisable to carry out any power or discretion granted to him. My Executor shall have the same power, authority and discretion to deal with any situation which may arise respecting my estate as would be lawful for him were he the actual owner of the estate. To grant to my Executor any specific power, authority or discretion shall not be construed to limit in any way the full power, authority or discretion which it is intended and directed shall be exercisable at all times by him respecting any and all matters pertaining to my estate or any part thereof. My Executor, acting in good faith, shall not be responsible or accountable for any loss resulting from the exercise or non-exercise of any of the powers, authority or discretion conferred upon him by the provisions of this Will. 2 ~ IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of f-Vy' \ \ ,2005. WITNESS: ~ --....... ~. ck~,~~l ~~l:e.~~ 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK We, .SHIRLEY L. FISHEL, \/0~\ Ll.. '\ f\"-\ ~ ~ \? ~L\? ,~R ,- and Testatrix and witnesses, respectively, whose names are signed the attached instrument, being first duly affirmed, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and Testament and that she signed willingly, and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix signed the Will as witnesses and that to the best of our knowledge, the Testatrix was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. ~t\ .' n D{)JJ -t J?~/ T~ ~~~'" /~ ~,C'i /~ss7 I Sworn and subscribed to before me this ~+j day of ~ ,2005. (' M 4