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Home My WebLink About04-07-08 --.J 15056041125 REV-1500 EX (06-05) PA Department of Revenue Bureau of Individual Taxes PO BOX 280601 Harrisbur , PA 17128-0601 ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death INHERITANCE TAX RETURN RESIDENT DECEDENT OFFICIAL USE ONLY Cou nty Code Yea r File Number '1 Date of Birth 18503 3 7 0 4 07242 007 01241915 Decedent's Last Name Suffix Decedent's First Name S HAY S A R A MI E (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI Not A P P 1 i cab 1 e Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW ~ 1. Original Return D 4. Limited Estate ~ D 4a. Future Interest Compromise (date of death after 12-12-82) 7. Decedent Maintained a Living Trust (Attach Copy of Trust) 10. Spousal Poverty Credit (date of death D 11. Election to tax under Sec. 9113(A) between 12-31-91 and 1-1-95) (Attach Sch. 0) CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number 6. Decedent Died Testate (Attach Copy of Will) 9. Litigation Proceeds Received D D D D o 8. Total Number of Safe Deposit Boxes 2. Supplemental Return D D 3. Remainder Return (date of death prior to 12-13-82) 5. Federal Estate Tax Return Required CHARLES J DEHART I I I 717 232 766 1 Firm Name (If Applicable) 3 6 3 1 NORTH FRONT STREET REGISTER,'. ..WILLS USE~LY :~p Ii -'';C2 ' en X -.J C' -n -c.., ::Jr: :J:j iT, CJ ~~.~ ,~ , ." l":J C) ....;;jr'l :n c5 !.._ 1"1-, ~. \.....) -;1 C A L D W ELL & KEARNS First line of address Second line of address City or Post Office State ZIP Code ::0 ry "~ATE FILED H A R R I S BUR G ~ P A 17110 Correspondent's e-mail address:cdehart@caldwellkearns.com Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. SI~N~!),1UJ. RE OJ PERSON E PO~S'LI]tFO!?~ING RETURN DATE 1/;)'" ~~~ ZZ~ 7_,,;J f--c;:J? A DRESS 261 NORTH OLD STONE HOUSE ROAD CARLISLE PA 17015 D~TE ,/ - zg.- u c> HARRISBURG PLEASE USE ORIGINAL FORM ONLY PA 17110 Side 1 L 15056041125 15056041125 --.J ,) .-J 15056042126 REV-1500 EX Decedent's Name: SARA E. SHAY RECAPITULATION 1. IReal estate (Schedule A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 1. 2. Stocks and Bonds (Schedule B) ....... ... .. .... . '" . . .,. . ..... . .. 2. 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) ..... 3. 4. Mortgages & Notes Receivable (Schedule D) ........................ 4. 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ....... 5. 6. Jointly Owned Property (Schedule F) 0 Separate Billing Requested . . . . . .. 6. 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G) 0 Separate Billing Requested. . . . . .. 7. 8. Total Gross Assets (total Lines 1-7) . . . . . . . . . . . . . . . . . . . . . . . . . .. 8. 9. Funeral Expenses & Administrative Costs (Schedule H) . ..... . . ..... .., 9. 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) . . . . . . . . . . . . 10. 11. Total Deductions (total Lines 9 & 10) . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. 12. Net Value of Estate (Line 8 minus Line 11) . . . . . . . . . . . . . . . . . . . . . . . . . 12. 13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been made (Schedule J) . . . . . . . . . . . . . . . . . . 13. Decedent's Social Security Number 18503 370 4 91104 0.00 160609.66 1503.01 187624.48 1260777.15 19462.84 19462.84 124 1314.31 14. Net Value Subject to Tax (Line 12 minus Line 13) . . . . . . . . . . . . . . . . . . 14. 1 2 4 1 3 1 4 . 3 1 TAX COMPUTATION - SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) X.O _ o . 0 0 15. o . 0 0 16. Amount of Line 14 taxable 2 at lineal rate X .042- 1 4 1 3 1 4 . 3 1 16. 5 5 8 5 9 . 1 4 17. Amount of Line 14 taxable o . 0 0 at sibling rate X .12 17. o . 0 0 18 Amount of Line 14 taxable o . 0 0 at collateral rate X .15 18. o . 0 0 19. Tax Due ................................................1& 5 5 8 5 9 . 1 4 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT () ~ ~L Side 2 15056042126 o 15056042126 --.J REV-1500 EX Page 3 Decedent's Complete Address: File Number o 0 DECEDENT'S NAME SARA E. SHAY STREET ADDRESS 261 NORTH OLD STONE HOUSE ROAD CITY I STATE I ZIP CARLISLE PA 17015 Tax Payments and Credits: 1. Tax Due (Page 2 Line 19) 2. Credits/Payments A. Spousal Poverty Credit 8. Prior Payments C, Discount (1 ) 55,859.14 52,500.00 2,763.15 Total Credits (A + 8 + C) (2) 55,263.15 3. Interest/Penalty if applicable D. Interest E. Penalty T otallnterestlPenalty ( D + E) (3) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Fill in oval on Page 2, Line 20 to request a refund. (4) 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 0.00 0.00 595.99 8. Enter the total of Line 5 + 5A, This is the BALANCE DUE. (5A) (58) A. Enter the interest on the tax due, 595.99 Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred; ...................................................................... 0 [Xl b, retain the right to designate who shall use the property transferred or its income; ............................... 0 [Xl c. retain a reversionary interest; or ................................................................................................ 0 [Xl d. receive the promise for life of either payments, benefits or care? ....................................................... 0 [Xl 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ....................................................................................... 0 [Xl 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? ......... 0 [Xl 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? .................................................................................................. 0 [Xl IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is three (3) percent [72 P,S. S9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent [72 P ,So S9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. S9116(a)(1.2)], The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent, except as noted in 72 P.S. 99116(1.2) [72 P,S, 99116(21)(1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent [72 P.S. 99116(a)(1.3)]. A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. REV-1502 EX + (6-98) '* COMMONWEALTH OF PENNSYLVANIA INHE:RITANCE TAX RETURN R:ESIDENT DECEDENT SCHEDULE A REAL ESTATE ESTATE OF SARA E. SHAY FILE NUMBER o 0 All real property owned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. Real proDertv which is iointlv-owned with riaht of survivorshiD must be disclosed on Schedule F. ITEM NUMBER 1. DESCRIPTION VALUE AT DATE OF DEATH None TOTAL (Also enter on line 1, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) REV-1503 EX + (6-98) '* COMMONWEALTH OF PENNSYLVANIA INHI=RITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE B STOCKS & BONDS ESTATE OF SARA E. S IHA Y FILE NUMBER o 0 All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER 1. DESCRIPTION 19,200 Shares common stock Hershey Foods @$47.45/sh. - Date-of-death value VALUE AT DATE OF DEATH 911,040.00 TOTAL (Also enter on line 2, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 911,040.00 R'EV-1508 EX + (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF SARA E. SIHA Y FILE NUMBER o 0 Include the proceeds of litigation and the date the proceeds were received by the estate, All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER 1, DESCRIPTION Motor Truck Equipment Company Investment Account - Date-of-death value (See attached statement) VALUE AT DATE OF DEATH 160,609.66 2. Personal property - None - Nursing home 0.00 TOTAL (Also enter on line 5, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 160,609.66 R'EV-1509 EX + (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE F JOINTLY-OWNED PROPERTY ESTATE OF SARA E. SHAY FILE NUMBER o 0 If an asset was made joint within one year of the decedent's date of death, it must be reported on Schedule G. SURVIVING JOINT TENANT(S) NAME ADDRESS RELATIONSHIP TO DECEDENT A. Donald L. Smith Harrisburg, PA Grandson B c JOINTLY-OWNED PROPERTY: LETTE R DATE DESCRIPTION OF PROPERTY '!oOF DATE OF DEATH ITEM FOR JOINT MADE INCLUDE NAME OF FINANCIAL INSTITUTION AND BANK ACCOUNT NUMBER OR SIMILAR DATE OF DEATH DECD'S VALUE OF NUMBER TENANT JOINT IDENTIFYING NUMBER ATTACH DEED FOR JOINTLY.HELD REAL ESTATE. VALUE OF ASSET INTEREST DECEDENT'S INTEREST 1. A. PNC Bank Checking Account #5004050155 3,006.01 50. 1,503.01 TOTAL (Also enter on line 6, Recapitulation) $ 1,503.01 (If more space is needed, insert additional sheets of the same size) REV-1510 EX + (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE G INTER.VIVOS TRANSFERS & MISC. NON.PROBA TE PROPERTY ESTATE OF SARA E. SHAY FILE NUMBER o 0 This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. DESCRIPTION OF PROPERTY ITEM INCLUDE THE NAME OF THE TRANSFEREE. THEIR RELATIONSHIP TO DECEDENT AND DATE OF DEATH % OF DECO'S EXCLUSION TAXABLE NUMBER THE DATE OF TRANSFER ATTACH A COPY OF THE DEED FOR REAL ESTATE VALUE OF ASSET INTEREST VALUE (IF APPLICABLE) 1. AIG Annuity Insurance Company Contract #FJ005502 - 187,624.48 100. 187,624.48 Payable to Eileen S. Smith, Sylvia S. Cas at and Barbara S. Mitchell, beneficiaries - See attached statement TOTAL (Also enter on line 7 Recapitulation) $ 187,624.48 (If more space is needed, insert additional sheets of the same size) REV-1511 EX + (12-99) '* SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT FILE NUMBER o 0 ESTATE OF SARA E. SHAY Debts of decedent must be reported on Schedule I. ITEM NUMBER A. DESCRIPTION FUNERAL EXPENSES: Trefz & Bowser Funeral Home - Funeral services Gingrich Memorials - Gravestone Hershey Cemetery - Opening of grave CrossRoads Cafe - Funeral luncheon 1. 2. 3. 4. B. ADMINISTRATIVE COSTS: Personal Representative's Commissions Name of Personal Representative (5) Barbara S. Mitchell- Waived 1. Social Security Number(s)/EIN Number of Personal Representative(s) Street Address 261 North Old Stone House Road City Carlisle State PA Year(s) Commission Paid: 2. 3. Attorney Fees Caldwell & Kearns Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State Relationship of Claimant to Decedent 4. Probate Fees Register of Wills 5. Accountant's Fees 6. Tax Return Preparers Fees 7. 8. Carlisle Sentinel - Legal advertising Cumberland Law Journal - Legal advertising AMOUNT 9,140.64 565.00 270.00 595.20 Zip 17015 7,500.00 Zip 1,150.00 167.00 75.00 (If more space is needed, insert additional sheets of the same size) TOTAL (Also enter on line 9, Recapitulation) $ 19,462.84 REV-1512 EX+ (12-03) '* SCHEDULE. DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SARA E. SHAY FILE NUMBER o 0 Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unreimbursed medical expenses. ITEM NUMBER 1. DESCRIPTION VALUE AT DATE OF DEATH TOTAL (Also enter on line 10, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) REV-1513 EX + (9-0Q) SCHEDULE J BENEFICIARIES COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SARA E. SHAY FILE NUMBER o 0 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not list Trustee(s) OF ESTATE I. TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)] 1. Donald L. Smith Lineal 5,000.00 660 Gregs Drive Jt Bank Acct.-Sch. F Harrisburg, PA 17111 1,503.01 2. Darby L. Jackson Lineal 5,000.00 212 Campbelltown Road Palmyra, PA 17078 3. J1effrey Webb Lineal 5,000.00 4. Debora Tukis Lineal 5,000.00 5. Meredith Casat Lineal 5,000.00 1032 19th Street, Apt. #6 Santa Monica, CA 90403 6. Stephanie Massoud Lineal 5,000.00 11150 75th Road #A46 Forest Hills, NY 11375 7. Barbara S. Mitchell Lineal 5,000.00 261 North Old Stone House Road 1/3 residuary Carlisle, PA 17015 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET II. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE 1. El. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS 1. TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $ (If more space is needed, insert additional sheets of the same size) Continuation of REV-1500 Inheritance Tax Return Resident Decedent SARA E. SHAY Decedent's Name Page 1 File Number Schedule J - Beneficiaries - 1 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE I TAXABLE DISTRIBUTIONS (include outright spousal distributions) 8. Eileen S. Smith Lineal 5,000.00 209 Sparrow Road 1/3 residuary Hummelstown, PA 17036 9. Sylvia A. Casat Lineal 5,000.00 13789 Mango Drive 1/3 residuary Del Mar, CA 92014 REV-1500 Discount, Interest and Penalty Worksheet Discount Calculation Total Amount Paid within three calendar months of the decedent's date of death: 52,500.00 Discount: 2,763.15 Interest Table I Before 1::~ r------~-- 1- ~ ::~ ------ 11984 ! 1985 11986____ 11987 _~__ 1988 through 1991 1992 1993 throu h 1994 i 1995 through 1998_ ~.1999 12000 I ~~~~ --=~ 12003__ 12004 ~--- Days Delinquent this time period I ----.l--.-...-------.---- Balance Due Interest this year I this period ---r----------- i I ~_._-~ I I TOTALS Penalty Calculation If the decedent's date of death was on or before March 31, 1993, insert the applicable amount: Total Balance Due on January 17, 1996: Penalty: _ @ ~ KENWORTH OF PENNSYLVANIA Mailing: PO Box 1922. Carlisle. PA 17013 Shipping: 198 KosI Road. Carlisle. PA 17015 Phone (717) 766-8000 . Fax (717) 766-3596 Parts & Service Fax (717) 691-5744 August 27, 2007 Mr. Charles DeHart Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Dear Chuck: Sara Shay had an investment account with Motor Truck Equipment Company, d/b/a Kenworth of Pennsylvania. There were no designated beneficiaries on this account. On her date of death, July 24,2007, her account had a value of $160,609.66. Should you require additional information, please do not hesitate to contact me. Sincerely, /11 aAdlc.a tI. d;; Marsha A. Hay, CFO Treasurer ~ AJQAPcll.~ity AIG Annuity Insurance Company A Stock Company 205 East 10th Avenue AmariDo. Texas 79101-3546 Telephone: 800.424.4990 August 3],2007 Charles J Dehart, Iii 363 1 North Front Street Harrisburg, PA ]7] ]0]533 Re: Name of Deceased: Contract Number: Beneficiary: Sara Shay FJ005502 Eileen S Smith, Sylvia S CasaL Barbara S Mitchell Dear Sir or Madam: We have received notification of the death of Sara Shay, the owner/annuitant of the referenced contract. On behalf of AIG Annuity Insurance Company, we wish to express our sincerest condolences for your loss. The following items are enclosed: ]) Claims Checklist - A list of items required to initiate a claim for this contract. 2) Beneficiary options page - A list of claim options available to the referenced beneficiary. 3) Applicable documents for completion. The value of policy on the date of death was $] 87,624.48. We appreciate your prompt attention to this matter. Should you have any questions or require further assistance, please contact our Client Care Center by using our toll free number of ] -800-424-4990. Sincerely, k '--1/) jjl4lu~, Jr;J . B.M. Graves Annuity Claims Manager Enclosures AlGA CVT LIT DOD EFORM 1 00472-0900 ~ PNCBAN< Your account was DEBITED for the following reason: o Check # posted on IXI Closed account 5004050155 o Branch adjustment (branch name) o Service charge error o Other- ~ encoding error _ posted to incorrect account Account Number FilelD AMOUNT $ 3,006.01 5004050155 040 D DONAI.D L SMI TH FOR BANK USE ONL Y E 660 GREGS DR APT 19 Branch #/Dept. # Date 8 HARRISBURG, PA 17111-5540 0000115 09/13/2007 I T Prepared By (PRINT Name) Authorized By I MUKTA SHARMA PNC Bank, National Association Customer's Advice of Charge Cashier's Check o Pl'~C~BAN< PNC Bank, National Association No. 00550061 o o <D o .n '" g Pay (0 the Order of DONALD L SMITH Date September 13, 2007 $ 3,006.01 :2 II: ~ Three Thousand Six Dollars And One Cent w Non-Negotiable Customer Copy 5004050155 Remitter __ ~"-'-.l. LAST WILL AND TESTAMENT OF SARA E. SHAY I , SARA E. SHAY, of Derry Township, Dauphin County, pennsylvania, being of sound mind, memory and understanding, do make and publish this my Last will and Testament, hereby revoking and making void all former Wills by me at any time heretofore made. ITEM I. I direct that all my just debts and funeral expenses be fully paid and satisfied as soon as conveniently may be after my decease. ITEfvl I I . I gl ve the cash sum of Five. Thousand ($5,000.00) Dollars to each of my grandchildren, provided they surVlve my death. ITEM III. I glve unto each of my daughters, Eileen Smith, Sylvia A. Casat and Barbara Mitchell, the cash sum of Five Thousand ($ 5, 000.00) Doll ars / provided they survive my death. ITEM IV. All the rest, residue and remainder of my estate shall be divided into equal shares, one for the benefit of each of my three (3) daughters, Eileen Smith, Sylvia A. Casat and Barbara Mitchell, or their issue per stirpes. Each share for the benefit of each of my living daughters shall thereafter be held in trust, subj ect to the following terms and conditions: A. To pay the lncome at least quarter-annually to each of my daughters. B. To pay so much of the principal, as may, In the sole discretion of my Trustee, be necessary for the maintenance, support or medical expenses of each of my daughters. C. Upon the expiration of ten (10) years from the date of my death, the Trustee shall disburse to each of my daughters the remaining accumulated income and principal In each trust account. In the event any of my daughters should die prior to the expiration of ten (10) years, the Trustee shall disburse the accumulated 2 lncome and principal then remalnlng unto the deceased daughter's then-living lssue per stirpes. If the deceased daughter has no such 1 i ving issue, then the balance held In the separate trust account shall be paid to my then-living issue, per stirpes, subject to and combined with any trust prOVlSlons as herein provided. Each share for the benefit of the issue of a deceased daughter shall be divided equally among said living lssue per stirpes, subject to the minority or disability provisions as provided In Item V hereinafter set forth. ITEM V. Any income or principal payable to any beneficiary who lS a mlnor or to be a beneficiary who, In the sole judgment of my personal representative, lS mentally or physically incapacitated, shall be held In trust during such minority or incapacity. Trustee lS authorized to expend from lncome or principal such sum or sums as may be necessary for the proper care, maintenance and support of such mlnor or incapacitated beneficiary directly, without the intervention of a guardian or 3 committee; or Trustee may pay the same to any person having care or control of said beneficiary or with whom the beneficiary resides, without any duty on the part of Trustee to superv1se or 1nqu1re into the application of the funds by any person to whom payment 1S so made. Any 1ncome and principal not so expended by Trustee shall be retained by Trustee and paid to the beneficiary upon termination of the incapacity (including minority), or to the estate of the beneficiary if he or she dies before reaching the age of majority or while still incapacitated, as the case may be. For purposes herein contained, the age of majority shall be twenty-one (21) years. ITEM VI. I authorize the Trustee and any successors 1n trust to exerC1se the following powers in her/his/its sole discretion which shall be effective without court order or approval: 4 A. To retain any or all of the assets of my estate, without regard to any principle of diversification, risk or productivity. B. To invest In all forms of property without restrictions to investments authorized for any type of fiduciary. c. To compromlse any claim or controversy. D. To loan money to or to purchase property from my probate estate. E. To borrow money from any person, including any Executor or Trustee, and to mortgage or pledge any real or personal property. 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 glve options for sales, exchanges or leases all for such prices and upon such terms and conditions as it deems proper. G. To allocate receipts and expenses to principal or lncome or partly to each as it deems proper. 5 H. To repalr, alter or lmprove any real or personal property. I. To distribute ln cash or ln kind or partly ln each at valuations fixed by the Trustee. J. To purchase investments at premiums and to charge premlums to income or principal or partly to each. K. To subscribe for or to exerClse options for stocks, Donds or other investments; to join ln any plan of lease, mortgage, merger, consolidation, reorganization, foreclosure or voting trust and to deposit securities thereunder; and to generally exercise all the rights of security holders or employees of any corporation. L. To register securities ln the name of a nomlnee or ln such manner that title shall pass by delivery. M. To assume continuance of the status of any beneficiary with reference to death, marrlage, divorce, illness, incapacity or other change ln the absence of information deemed 6 reliable, without liability for disbursements made on such assumption. N. To add to the principal of any trust created by this instrument any real or personal property received from any person by Deed, will or In any other manner. O. To exerClse all power, authority and discretion glven by this instrument after the termination of any trust created herein until the same lS fully distributed. P. My Trustee may commingle the assets of any trust estate created by this will In anyone or more common funds for greater convenlence and flexibility. Q. To employ attorneys, accountants, englneers and such other persons, professional or otherwise, as may be necessary for the proper administration of this estate or trust, and to pay their compensation from such funds. R. I authorize the Trustee to pay from the lncome or principal of any trust fund an amount which it shall determine as 7 proper and reasonable to compensate the guardian of the person of any minor beneficiary. It is my desire that whoever should assume this responsibility of raising minor children should be properly compensated from the trust estate herein provided. S. I authorize the Trustee to purchase from the trust fund or funds any type or manner of insurance which it deems to be 1n the best interest of the beneficiary. ITEM VII. It 1S hereby directed that my Executor, hereinafter named, shall pay all inheritance, state, succession and legacy taxes to which my estate or the transfer of any property hereunder may be subject and to charge such tax as part of the administration, payable out of my residuary estate. ITEM VIII. I hereby appoint my daughter, Barbara Mitchell, to be and act as Trustee of any trust, herein created, by this Last Will and Testament, with the exception of the trust created for her benefit. I hereby appoint my son-in~law, Gareth Mitchell, to be and act as Trustee of any trust created for 8 the benefit of my daughter, Barbara Mitchell. I further authorize my daughter, Barbara Mitchell, and my son-in-law, Gareth Mitchell, to designate, in writing, one (1) or more persons or institutions, having trust powers, to act as Successor Trustee in the event of their individual deaths. In the event of renunciation, death or inability to act for any reason whatsoever of my daughter, Barbara Mitchell, or my son-in-law, Gareth Mitchell, and in the event they should fail to appoint a Successor Trustee In writing, prlor to their deaths, I nominate and appoint The Hershey Trust Company to be and act as sole Trustee or Successor Trustee over any trust herein created. No Trustee shall be required to furnish any bond or security of any kind for the faithful performance of his or her duties as Trustee or Successor Trustee. ITEM IX. I nominate, constitute and appoint my daughter, Barbara Mitchell, to be and act as my sole Executrix of this my Last Will and Testament. In the event of renunciation, death, resignation or inability to act for any reason 9 i!-.'" . . whatsoever of my daughter, Barbara Mitchell, I nominate, constitute and appoint my son-in-law, Gareth Mitchell as Executor of this my Last Will and Testament. As a final alternative, I appoint The Hershey Trust Company to be and act as sole Executor of this my Last will and Testament. No personal representative or fiduciary appointed herein shall be required to post bond or gl ve any security. IN WITNESS 'f1., ~ day of I have hereunto set my hand and seal this WHEREOF, o~ pvr-"~7 (/ 1996. n /'-1 ' !/ b'~/: ~/ "?- pC._ .. .-,) _ ./ 7. ," 1;;//-/(,/ x//' (4_ 0_ 'SARA E. SHAY (SEAL) The preceding instrument, consisting of this, and nine other typewritten pages, was on the date thereof signed, published and declared by SARA E. SHAY, the Testatrix therein named, as and for lO . < /...,., .. .~ ..." her Last Will, in the presence of us, who at her request, in her presence and in the presence of each other, have subscribed our names as witnesses hereto. ~7 ~~~ h;rz ~ J J~ /"'--1 ( /V a- f1 ~/v1-r P (j Residing at J~V- I-!-v- r4- ~ ..J XTt ,~--v ~ /? '- 3 (, Residing at ?-1-1.- W, It ".-..J A-v<.- ~.1-t11 fA /,Olr 62682-1 11