HomeMy WebLinkAbout04-14-08
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of Louise B. Myers
also known as Louise Bollinger Myers
File Number
)\ D?) 6<-\1.3
, Deceased
Social Security Number 184-22-6791
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
lZl A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the EXECUTRIX
last Will of the Decedent dated October 31, 2006 and codici1(s) dated N/A
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:
o B.. Grant of Letters of Administration
(If applicable. enter: c. t. a.; d. b. n. c. t. a. ; pendente 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.)
c
Name
Relationship
Residence
(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
Decedent was domiciled at death in Cumberland
25 East Gate Drive, Camp Hill, P A 17011
(List street address, town/city, township, county, state, zip code)
County, Pennsylvania with his / her last principal residence at
Decedent, then 85
years of age, died on March 11, 2008
at Holy Spirit Hospital
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situated as follows:; =G .'ll>a 1;; L t~
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant ofL~t~ iri4he ap~riate ~~ i~
the und"rsigned: :,:0: 93 ':'-)
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Decedent at death owned property with estimated values as follows:
(If domiciled in P A) All personal property
(If not domiciled in PA) Personal property in Pennsylvania
(If not domiciled in P A) Personal property in County
Value of real estate in Pennsylvania
800,000.00
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T ed or rinted name and residence
Patricia Armstrong Morgan
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212 Locust Street, Suite 500
Harrisburg, PA 17101
Form RW-02 rev. 10.13.06
Page 1 of2
Oath of Personal Representative
COMMONWEALTH 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 ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
1n/2
Signature of Personal Representative
Signature of Personal Representative
File Number:
d- (-08' -OL/ 13
Estate of Louise B. Myers
, Deceased
Social Security Number: 184-22-6791 Date of Death: March 11,2008
A NO NOW, /</lJ> d ~ "i ~.J' ,J() 0 f ,in ooru>idemtion ofthe fo<egoing p,tition, ,.ti,foctory pwof
having been presented before me, IT DECREED that Letters Testamentary
are hl~reby granted to Patricia Armstrong Morgan, 212 Locust Street, Suite 500, Harrisburg, P A 17101
in the above estate
and that the instrument( s) dated October 31, 2006
described in the Petition be admitted to probate and filed ofrecord as Yrlast Will (an~dicil(s)) of~ent. l ,
FEES /~(A.Jcz-":;;aA/ ~ )-L ~0' /~f' u
/...-l..P 0 Registe Wills ~/i-f~bQ 1vL=I'-V-
Lette rs ............... $ ...)
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Short Certificate(s) . . .5 . . . $ :1.. 0 Attorney Signature: - ~ · ~-:_,......., ~ . r; t3
Renunciation(s) .......... $ Thomas T. Niesen . ,y: r'-"';;;o , ~1:5
uJ , (I $ IS- Attorney Name: "i=-3 ~.+:- I '~:;=;
,J~'fv $ I; Supreme Court l.D. No.: 31379 -:,;J~ 5E . C~
$ Address: 212 Locust Street, sui~~'~ '-.t;t,: .~
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$ Harrisburg, PA 17101 N - '~~
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TOTAL . . . . . . . . . . . . . . $ f.c> (0 0(.' ~
Telephone:
717-255-7600
FormRW-02 rev. 10.1306
Page 2 of2
HI05.80) REV ,01/07,
2 ( -Dy-l.U J
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6,00
Certification Number
This is to certify that the information here given i
correctly copied from an original Certificate of Deat
duly filed with me as Local Registrar, The origin<:
certificate will be forwarded to the State Viti
~1?~filingMA' 13 r
P 14123491
Local Registrar
Date Issued
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REV 1112006
PRINT IN
t<NENT
CK INK
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See instructions and examples on reverse)
1. Name 01 OeceOeot (First, lliOdle. last, suffix)
Louise B. Myers
5. Age (Last Binhday)
3. Social Security Number
184 - 22 - 6791
(~
6. Date of Birth (Month, da , year)
Sa. Place of Death (Check only one)
Hospital: Other:
Inpatiefll 0 ER I Outpatient 0 DOA 0 Nursing Home
9. Was Decedent of Hispanic Origin?
(If yes, speci~ Cuban,
Mexican, Puerto Rican, etc.)
14. Marital Status: Married, Never Married,
Wkfowed, Di~ (Specify)
Married
10. Race: American Indian, Black, While, ate
(Specify)
White
85 Yrs.
Bb. County of Death
Cumberland
11. DecedenI'sUSlJal tIon Kindofworkdoneduri most or l"e.Donotstaleretir
Kind 01 WI)fk Kind 01 Business I Industry
Medical Professi
25 Eastgate Drive
Camp Hill, PA 17011
18. Father's Name (First. m~:IdIe, Jast,sllffiX)
Oscar Bollinger
20a. Informant's Name (Type I Print)
Dr. Gordon D. Myers
178. Slate
Pennsylvania
Cumberland
Old Decedent
Live ina
Township?
17c. Kl Yes, Decedent Lived in
17d. 0 No. Decedent Lived within
Actual Limifsol
Dr. Gordon D. M ers
Ilampden
Twp
170. Coonty
City/Boro
19. Mother's Name (First, middle, maiden SlJmame)
Catherine Miller
2Ob. Informant's MaiNng Address (Street, city ftown, slale, zip code)
25 Eastgate Drive, Camp Hill, PA 17011
21c. Place of Disposition (Name of cemetery, cremaiory or other place) 21d. Location (City Ilown, slate, zip code)
Cremation Society of PA
Auer Memorial Home and
4100 Jonestown Road Harrisbur
23b. License Number
Harrisburg, PA 17109
Cremation Services, Inc.
PA 17109
23c, Date Siglled (Month. day, year)
24. TII'OEI 01 Death _ p 25. Date Pronounced Dead (Month, day, year)
If ~ !j 3 M. /Y) {]J'ch II c)tJD?
CAUSE OF OEATH (See instructions and examples)
Item 27. Part I: Enler the dli~ - diseases, injuries, or complications -that directly caused the death. DO NOT enter terminal events such as cardiac arrest,
respiratory arrest, or ventricular fibrtllation without showing the etiology. Us! only one cause on each fine.
26. Was Case Referred to Medical Examiner { Coroner lor a Reason Other than Cremation or Donation?
DYes ONe
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a.
(' C f'f) ~.,:._{~,h,(",,-,
Due to (or as a consequence 00:
20 p ''-1(,.,/ "'1.
Approximate Interval: Part It: Enter other sianificant conditions contribUtiM to d8ath, 28. Did Tobacco Use Contribute to Death?
Onset to Death but not resulting in the undertying cause given in Part I. 0 Yes 0 Probably .
DNo ~o
29. If Femakt:.-.^
D-'NOf' pregnant within past year
o Pregnant at lime 01 death
o No! pregnant, but pregnant within 42 days
01 death
o Nol pregnant, but pregnant 43 days to 1 year
before death
o Unknown if pregnant wijhin the past year
32c. Place of Injury: Home, Farm, Street, FactOfy,
Office Building, etc, (Specify)
Sequentially lislcondilions,if any,
~:~O:~~~~J~~a.
(disease or iJ:liury that initiated the
events resultiilg 11'1 death) LAST.
b.
Due to (or as a consequence on:
Due to (or as a consequence of):
d.
Dyes ~
3()b:"Were Autopsy Findings
/ AvaHable Prior to Completion
01 Cause 01 Death?
Dyes ~
31. Mannertlr Death
[J-fiatural 0 Hom_
O Accident 0 Pending Investigation
o Suicide 0 Could Not be Determined
32d. Trme of Injury
308. Was an Autopsy
Performed?
M
321. II Transportation Injury (Specify)
o Drtver I Operator 0 passenge
DOlher . Specify:
33b, SIgnature aOOTi
32g. Localioo of Injury (Street, city { town, stale)
330. Cenilier (check only one)
i::V~8r~:U~~h~:n~~~~:= ~~~~~:~~:~~=: ~~oo:~.. ~~Ul..~ ~_m~~ ~e~ ~~ .. _ .... .. .. _.. .. _ _ _ _.... _ _ 0 ~
~~o::~~a~ :~Je~~a~~7:: :~i=::n;,,:;:c:~~~rt~~~ot~=~:~~j~~~ manner as staled_ _.. _ _ _.. _ _ _ _ _.. _.. _ .. _ 0
~:::~m~n:~;=: 8M I or investigation. tn my opinion, death occurred at the time, date, and place, and due to the cause(s) and manner 8S stated_ 0
o ~C ( (, d '1 '-I (
33d. Date Signed (Month, day~ year)
31IJ/G3'
Disposition Permit No.
36.:p~. Filed (Month, day, year)
..:y/..;? dt7t::7 ~
0195758
34, Name a~ Address of Person Who Completed Cause 01 Death (Item 27) Type { Print
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35. Registrar's Signature and District Number
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LAST WILL AND TESTAMENT
OF
LOUISE B. MYERS
I, LOUISE B. MYERS, of 25 East Gate Drive, Hampden Township, Cumberland
County, Pennsylvania, do make, publish and declare this to be my Last Will and
Testament, hereby revoking all Wills and Codicils by me at any time made.
ITEM I.
I direct that all inheritance and estate taxes becoming due by reason
of my death, whether such taxes may be payable by my estate or by any recipient of any
property, shall be paid by the Executor out of the property passing under ITEM IV of this
Will, as an expense and cost of administration of my estate. The Executor shall have no
duty or obligation to obtain reimbursement for any such tax so paid, even though on
proceeds of insurance or other property not passing under this Will. My executor shall not
use Retirement Assets to pay debts, expenses or taxes. Retirement Assets being assets
held in a qualified retirement plan or account, individual retirement account, deferred
compensation plan under Section 457 of the Internal Revenue Code (Code), Annuity
Contract under Section 403(b) of the Code, custodial account or any other type of plan or
account subject to the minimum distribution rules of Section 401 (a)(9) of the Code, or
similar provision of the Code, either directly or by reference thereto.
October 31 , 2006
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ITEM II.
I direct the Executor to pay the reasonable expenses of my last illness
and funeral expenses from the property passing under this Will as an expense and cost
of administration of my estate, as my Executor shall so determine.
ITEM III.
Except as I may have provided in a Memorandum signed by me and
kept with my Will, I give and bequeath to my husband, GORDAN D. MYERS, if he survives
me, absolutely and in fee simple all of my household furniture and furnishings, books,
pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of
household or personal use or adornment and all policies of insurance thereon. If I do not
predecease my said husband, I make said bequest to my children living at the time of my
death, to be divided among them as they shall agree, the Executor to represent any minors
in such division. Should there be no agreement, such property shall be divided among
them by the Executor in as nearly equal portions as is deemed practical in the sole
discretion ofthe Executor, having due regard to the personal preferences of such children.
ITEM IV.
I give, devise and bequeath all the rest, residue and remainder of my
estate, not disposed of in the preceding portions of this Will, IN TRUST NEVERTHELESS,
to be further divided into two parts (and subparts as indicated), each of which shall be held
in trust and constitute a separate Trust Fund to be known as "Trust A" and "Trust B".
"Trust A":
There shall be placed in "Trust A" that fraction of my
residuary estate of which the numerator shall be a sum equal to the largest
October 31 , 2006
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amount that can pass free of Federal estate tax under my Will by reason of
the unified credit and the state death tax credit (provided that the use of this
credit does not require an increase in state death taxes) allowable to my
estate, but no other credit, and after taking account of dispositions under
other items of this Will and property passing outside of this Will which do not
qualify for the marital or charitable deduction, and after taking account of
charges to principal that are not allowed as deductions in computing my
Federal estate tax, and of which the denominator shall be the value of my
residuary estate. For purposes of establishing such fraction, the values
finally fixed in the Federal estate tax proceeding relating to my estate shall
be used. I recognize that the numerator of such fraction may be zero (0), in
which case no property shall pass under "Trust An and that said numerator
may be affected by the action of the Executor in exercising certain tax
elections.
"Trust Bn:
The balance of my residuary estate not placed in "Trust
An shall be placed into "Trust Bn to be held, administered and distributed in
accordance with ITEM VI of this Will.
ITEMV.
The following provisions shall apply to "Trust An:
October 31 , 2006
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(a) During the lifetime of my husband, GORDON D. MYERS, the
Trustee shall pay to or for the benefit of my said husband all of the income
of this Trust and so much of the principal of this Trust as may be necessary,
in the sole discretion of the Trustee, for the proper support, maintenance,
and medical care of my said husband.
(b) Upon the death of my said husband, my Trustee shall divide
the then principal and any accretions thereto and any accumulations of
income into four (4) equal parts, one of said parts to be held in Trust and
administered and distributed as hereinafter provided for the benefit of my
grandchildren, STEPHANIE N. MYERS, LEIGH ANN M. ENDERS and
APRIL ENDERS ("Grandchildren's Trust); one of said parts to be set apart
for my son, GORDON D. MYERS II, as hereinafter provided, one of said
parts to be held in Trust for the benefit of my son, STEPHEN C. MYERS,
and one of said parts to be held in Trust for the benefit of my daughter,
SUZANNE ENDERS, and to be administered and distributed as hereinafter
provided. To the extent required by law monies may need to be held
separately or in separate companion Trusts or as my Trustee may so direct.
The provisions herein shall apply to all of said Trusts to the extent provided
October 31 , 2006
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by applicable law with full discretion given to my Trustee to establish and
administer said Trusts under the law.
(c) The following provisions shall apply to the share set apart for
the benefit of my grandchildren, STEPHANIE N. MYERS, LEIGH ANN M.
ENDERS and APRIL ENDERS under the Grandchildren's Trust (each a
"Beneficiary" and collectively "Beneficiaries"):
(i) The Trustee shall quarterly pay over all of the
income and so much of the principal as the Trustee, in its sole
discretion, deems proper for the proper support, maintenance,
welfare, medical care and education to or among the
Beneficiaries living at the time of each quarterly distribution as
hereinafter provided.
In determining the amount of net income, if any, to be
distributed to any Beneficiary hereunder, Trustee is authorized
to make distributions in such proportions as Trustee shall
deem advisable, in the absolute discretion of Trustee,
regardless of whether such distribution shall be equal to any
other distribution for the medical care of any of said
October 31 , 2006
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beneficiaries, thereafter the income of the Trust shall be
distributed equally among the beneficiaries.
It is my intention that any rules of trust law which may
require impartiality and equality between income beneficiaries
and remaindermen shall be disregarded and that Trustee shall
exercise the authority herein given to Trustee in the interests
of the income beneficiaries and without regard to the interests
of remaindermen. The Trustee may expend principal only if
necessary for the medical expenses of any beneficiary which
shall not be considered an advancement to such beneficiary.
Any other expenditure of principal for any beneficiary shall be
an advancement to such beneficiary My Trustee may during
the duration of the Trust, also distribute such portions of any
required minimum distribution of any Retirement Assets in this
Grandchildren's Trust as Trustee believes required in
accordance with applicable law.
(ii) Upon the receipt of a post-high school degree or
upon the attainment of the age of twenty-two (22) years by the
oldest of the above beneficiaries, whichever is first to occur, or
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earlier if deemed appropriate by the Trustee, the Trustee shall
divide the principal of the Trust into as many equal shares as
there are then living Beneficiaries and then deceased
Beneficiaries represented by then living issue. One share shall
be held in Trust for each of the then living Beneficiaries and
one share shall be paid to the then living issue of each such
deceased Beneficiary, per stirpes as hereinafter provided:
(1) The Trustee shall hold such share as a separate
trust fund for the benefit of such beneficiary and shall pay to
him or her all of the net income therefrom not less frequently
than quarterly, for the lifetime of such child or until such trust
is terminated as herein provided.
(2) At the time such child completes his/her course
of study and receives a post-high school degree, he or she
shall receive one-half (Y2) of the then principal of the separate
trust fund set apart and held for his or her benefit. For
purposes ofthe distribution calculations herein, any Retirement
Assets shall be excluded. When such child attains the age of
thirty (30) years, he or she shall receive the balance of the
October 31 , 2006
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principal then set apart and held for his or her benefit. If such
beneficiary does not receive a post-high school degree he/she
shall not receive the principal of the Trust until he/she attains
the age of thirty (30) years. Any Retirement Assets shall be
"distributed" upon the beneficiary attaining age thirty, except as
may be required by law to be distributed earlier and may
thereafter continue to be held in accordance with applicable
law or withdrawn at the Beneficiaries' discretion in accordance
with applicable law.
(3) In the event of the death of any Beneficiary for
whom a separate trust fund has been set apart prior to the final
distribution, the then principal of such separate trust and any
accrued income thereof shall be paid to the issue of such
Beneficiary living at his or her death, per stirpes.
In the event that any of the Beneficiaries die, that
portion of the principal which would have been set apart as a
separate trust for such Beneficiary under this ITEM V (c) shall
be paid over the issue of such Beneficiary living at his or her
death, per stirpes.
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If any Beneficiary dies without issue, the principal of his
or her separate trust, or that portion of the principal which
would have been set apart as a separate trust for such
Beneficiary under ITEM V (c) above shall be distributed equally
among the other Trusts established under ITEM V (b).
(d) If my son, GORDON D. MYERS, II, survives the survivor of my
husband and myself, the share set apart for him shall be distributed to him
outright and in fee simple. Should such son not survive the survivor of my
husband and me, but be survived by his wife, LINDA MYERS, and have
been married to her at the time of his death, the Trustee shall pay one-half
(12) of my son, GORDON D. MYERS, II's share to said LINDA MYERS, and
the balance of such share shall be distributed equally among the other Trusts
established under ITEM V (b). If neither GORDON D. MYERS, II or LINDA
MYERS survive the survivor of my husband and myself then their share shall
be distributed equally among the other Trusts established under ITEM V (b).
(e) The following provisions shall apply to the shares set aside for
my son, STEPHEN C. MYERS, and my daughter, SUZANNE ENDERS:
(i) The Trustee shall pay to or for the benefit of such
child all of the income and so much of the principal of said
October 31 , 2006
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Trust as, in the discretion of the Trustee, may be necessary to
maintain such child in the proper station in life, including proper
support, maintenance and medical care. For purposes of this
subsection (e) only the required minimum distributions from
any Retirement Assets shall be distributed until four (4) years
following my death unless required for the beneficiary's proper
support, maintenance and medical care or at the discretion of
my Trustee. After four years any Retirement Assets may
thereafter be held in accordance with applicable law or
withdrawn at the beneficiary's discretion in accordance with
applicable law.
(ii) The principal of the Trust shall otherwise be
distributed to such child upon the following schedule:
One-fourth (1/4)ofthethen principal upon
establishment of the Trust;
One-third (1/3) of the then principal one
(1) year from such date;
One-half (%) of the then principal two (2)
years from such date:
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ITEM VI.
October 31 , 2006
and the balance of the then principal three
(3) years from such date.
(iii) Should such child die before final
distribution of the assets of said Trust, but be
survived by then living issue who are designated
as beneficiaries or who are issue of designated
beneficiaries under the Trust established in
subparagraph (c), the Trustee shall pay the
balance of said Trust to such issue per stirpes;
provided, however, that if there are then
established for such issue Trusts under
subparagraph (c), the share which would have
been paid to such issue shall be added to the
principal of the Trust established for the benefit
of that issue. If such child should die and leave
no issue their share shall be distributed equally
among the other Trusts established under ITEM
V (b).
The following provisions shall apply to "Trust B":
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(a) Trustee shall have, hold, manage, invest and reinvest the
assets of this Trust, collect the income and beginning at my death pay over
the net income in quarterly installments to my husband GORDON D.
MYERS, during his lifetime. The Trustee shall also, from time to time, pay
to my husband such amounts of principal of this Trust as the Trustee deems
necessary for the proper support, maintenance and medical care of my
husband.
(b) Upon the death of my husband, the Trustee shall pay all
accrued income and all income accumulated but undistributed to the estate
of my deceased wife and shall thereafter transfer the then remaining
principal of this Trust to "Trust A" to be held, administered and distributed in
accordance with the provisions of ITEM V of this Will.
(c) If my husband should not survive me, then the provisions of
"Trust B" shall be void and the part of my estate which would have
constituted "Trust B" shall be added to "Trust A" to be disposed of in
accordance with ITEM V of this Will.
(d) The Executor shall be authorized in the Executor's sole,
exclusive and unrestricted discretion to determine whether to elect (under
Section 2056(b)(7) of the Internal Revenue Code of 1986 as amended, or
October 31 , 2006
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any corresponding provision of the Federal estate law), to qualify all, none
or a fraction of "Trust B" for the Federal estate tax marital deduction. The
decision of the Executor with respect to the exercise of the election shall be
final and conclusive upon all persons whose interests in my estate are
directly or indirectly affected by the election. Only property which is fully
eligible for the marital deduction under Federal estate tax law shall be
assigned to this Trust. Notwithstanding the provisions of subparagraph (b)
of this Item, the Trustee shall pay to the Executor of my husband's estate,
out of the principal of this Trust upon the death of my husband an amount
equal to the estate, inheritance, transfer, succession and other death taxes
("death taxes"), Federal, state and other, payable by reason of the inclusion
of the value of Trust property in my husband's estate. Such payment shall
be equal to the amount by which (1) the total of such death taxes paid by my
husband's estate exceeds (2) the total of such death taxes which would have
been payable if the value of the Trust property had not been included in his
state. The determination by my husband's Executor of the amount payable
hereunder shall be final. I direct the Trustee to pay such amount promptly
upon written request of my husband's Executor. The final determination of
the amount due hereunder shall be based upon the value as finally
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October 31 , 2006
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determined for Federal estate tax purposes in my husband's estate. After
payment of the amount finally determined to be due hereunder, the Trustee
shall be discharged from any further liability with respect to such payment.
My husband may waive his estate's right to payment under this
subparagraph by Will, executed after my death, in which he specifically
refers to the right to payment hereunder given to his estate.
ITEM VII. The Executor shall be authorized in his sole and unrestricted discretion
to determine whether to elect (under Section 2652(a)(3) of the Internal Revenue Code of
1986 or any successor provision) to treat all or any portion of amount of Trust B as not
subject to the election provided for by Section 2506(b)(7) of the Internal Revenue Code for
purposes of the exemption from the Generation Skipping Transfer Tax (GST Tax) provided
for in Sections 2631 and 2632 of the Internal Revenue Code or any successor provision.
If the Executor makes the special election provided in Section 2652(a)(3) of the Internal
Revenue Code with respect less than the amount of the Trust, the Trustee shall divide
Trust B into two trusts so that the unelected trust (to be known as the non-exempt trust)
is to have an exclusion ratio of one for purposes of the GST Tax and the elected trust (to
be known as the exempt trust) is to have an exclusion ratio of zero.
In the event that any trust created hereunder is divided into two separate trusts so
that one is exempt from the GST Tax and the other is not, the Trustee is authorized to act
October 31 , 2006
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as follows: (1) no payment of principal is to be made from the exempt trust until the
principal of the non-exempt trust has been exhausted; (2) the expenses of trust
administration may be paid first from the income of the trusts and then, if it is necessary,
from the principal of the non-exempt trust; and (3) any sum paid from principal of Trust B
to cover the estate taxes payable at my husband's death and attributable to the principal
and undistributed income of the Trust B shall be paid first from the non-exempt Marital
Trust and then from the exempt Marital Trust.
ITEM VIII. After my death, no beneficial interest under a trust created herein,
whether income or principal, shall be subject to anticipation, assignment, pledge, sale or
transfer in any manner, nor shall any beneficiary have the power to anticipate, encumber,
or charge such interest, nor shall such interest, while in the possession of the Trustee, be
liable for or subject to the debts, contract obligations, liabilities or torts of any beneficiary,
including those claims of any beneficiary's spouse or former spouse against such
beneficiary. In the event of the execution of any special assignments, or the issuance or
levy of any attachment, garnishments, executions, orders of receivership, or other
sequestration or process, or attempt at sequestration or process, then all rights of the
beneficiary of such beneficial interest created herein attempted to be reached shall
immediately case and be suspended; subject, however, to being reinstated upon the
withdrawal of such attempt. However, during the such suspension, the Trustee shall have
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the right to expend from the assets of such parts of the net income or corpus, or both as
in her discretion may be necessary or advisable to provide the support, health,
maintenance, education, and proper needs ofthe beneficiary whose rights hereunder have
been so suspended, but during the suspension, such funds shall not be paid directly to
said beneficiary. Further, nothing herein shall be interpreted contrary to the provisions of
Section 2056 of the Internal Revenue Code of 1986, as amended, which sets forth the
requirements for the marital bequest deduction.
ITEM IX. Each trust created hereunder shall in any event terminate twenty-one
(21) years after the last survivor of such of the beneficiaries thereunder as shall be living
at the time of my death, and thereupon, the property held in the trust shall be distributed
discharged of trust to the persons then entitled to the income and in proportion to which
they are entitled to the income.
ITEM X. In the settlement of my estate and during the continuance of the
foregoing Trusts, the Executor and the Trustee shall possess, among others, the following
powers:
(a) To retain any investments I may have at my death, including
specifically those consisting of stock of any bank even if I have named such
bank as the Executor or Trustee herein, so long as the Executor or Trustee
may deem it advisable to my estate so to do.
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L.B.M.
(b) To vary investments, when deemed desirable by the Executor
or Trustee, and to invest in such bonds, stocks, notes, real estate mortgages
or other securities or in such other property, real or personal, as they shall
deem wise, without being restricted to so-called "legal investments", and
without being limited by any statute or rule of law regarding investments by
fiduciaries.
(c) In order to effect a division of the principal of a Trust or for any
other purpose, including any final distribution of a Trust, the Executor or
Trustee is authorized to make said divisions or distributions of the personalty
and realty, partly or wholly in kind, and to allocate specific assets among
beneficiaries and Trusts created hereunder so long as the total market value
of any share is not affected by such division, distribution or allocation in kind.
Should it appear desirable to partition any real estate, the Executor or
Trustee is authorized to make, join in and consummate partitions or lands,
voluntarily or involuntarily, including giving of mutual deeds, recognizances
or other obligations, with as wide powers as an individual owner in fee
simple.
(d) To sell either at public or private sale and upon such terms and
conditions as the Executor or Trustee may deem advantageous to the estate
October 31 , 2006
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L.B.M.
or Trust, any or all real or personal estate or interest therein owned by the
estate or Trust severally or in conjunction with other persons or acquired
after my death by the Executor or Trustee, and to consummate said sale or
sales by sufficient deeds or other instruments to the purchaser or
purchasers, conveying a fee simple title, free and clear of all trust and
without obligation or liability of the purchaser or purchasers to see to the
application of the purchase money or to make inquiry into the validity of said
sale or sales; also, to make, execute, acknowledge and deliver any and all
deeds, assignments, options or other writings which may be necessary or
desirable in carrying out any of the powers conferred upon the Executor or
Trustee in this paragraph or elsewhere in my Will.
(e) To mortgage real estate, and to make leases of real estate.
(f) To borrow money from any party, including the Executor or
Trustee, to pay indebtedness of mine or of my estate, expenses of
administration or inheritance, legacy, estate and other taxes, and to assign
and pledge assets of my estate therefor. Provided, however, that this
paragraph shall not authorize borrowing from "Trust B" or any borrowing
which would violate the code relative to Retirement Assets.
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(g) To pay all costs, taxes, expenses and charges in connection
with the administration of my estate or a Trust. If any estate or inheritance
taxes are payable from assets received by the Trustee, such taxes shall be
paid from the assets constituting ''Trust A", except such taxes shall not be
paid out of Retirement Assets.
(h) To make distributions of income and of principal to the proper
beneficiaries thereof, during the administration of my estate, with or without
court order, in such manner and in such amounts as my Executor deems
prudent and appropriate.
(i) To vote any shares of stock which form a part of the estate or
Trust, and otherwise to exercise all the powers incident to the ownership of
such stock.
U) To join with my spouse and file any income tax or gift tax
returns that may be due on my behalf and to pay so much of such taxes as
my Executor may deem appropriate (and to consent to any gifts made by my
husband being treated as having been made one-half by me).
(k) To make distribution in cash or in kind, or partly in each at
valuations fixed by my Executor and Trustee at the time of distribution.
October 31, 2006
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L.B.M.
(I) To execute and deliver any written instruments that they may
deem advisable to carry out any power, duty, or discretion granted to them,
and all persons shall be fully protected in relying upon their power to execute
every such instrument and no one shall be obligated to see to the application
by them of any money or property received by them pursuant to the
execution and delivery of any such instrument.
(m) To associate with them an accountant, custodian and
investment advisor or other professionals, and their agents and to
compensate such accountant, custodian and investment advisor,
professional and agents out of principal or income or both as my Executor
or trustee hall determine.
(n) In the discretion of the Executor or Trustee, to unite with other
owners of similar property in carrying out any plans for the reorganization of
any corporation or company whose securities form a part of the estate.
(0) To disclaim any interest in property which would devolve to me
or my estate by whatever means, including but not limited to the following
means: as beneficiary under a will, as an appointee under the exercise of a
power of appointment, as a person entitled to take by intestacy, as a donee
October 31 , 2006
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L.B.M.
of an inter vivos transfer, and as a donee under a third-party beneficiary
contract.
(p) To do all other acts in their judgment deemed necessary or
desirable for the proper and advantageous management, investment and
distribution of the estate or Trust.
ITEM XI. Whenever and as often as any beneficiary hereunder, to whom
payments of income or principal are herein directed to be made, shall be under legal
disability, or, in the sole judgment of the Trustee, shall otherwise be unable to apply such
payments to his own or her own best interests and advantages, the Trustee may make all
or any portion of such payments in anyone or more of the following ways:
(a) Directly to such beneficiary;
(b) To the Legal Guardian or Conservator of such beneficiary;
(c) To a relative of such beneficiary, to be expended by such
relative for the benefit of such beneficiary; or
(d) By itself expending same for the benefit of said beneficiary.
Provided, however, that this power shall not apply to ''Trust B".
ITEM XII. In the event that there should be established in the Last Will and
Testament of my husband, GORDON D. MYERS, Trusts similar to the Trusts herein
established for the benefit of my children and their issue, the Trustee of each of said Trusts
October 31 , 2006
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L.B.M.
created in this Will shall have the right of merging it with the similar Trust for the same
beneficiaries created in the Will of my said husband, and operating each of said merged
Trusts as a single Trust.
ITEM XIII. Any person who shall have died at the same time as I shall have, or
in a common disaster with me, or under such circumstances that the order of our deaths
cannot be established by proof, or within thirty (30) days of my death, shall be deemed to
have predeceased me.
ITEM XIV. If at any time any child under the age of twenty-one (21) years shall
be entitled to receive any assets hereunder, the person designated by my then acting
Trustee shall receive such assets as Custodian under the Pennsylvania Uniform Transfer
to Minors Act for that beneficiary. Such Custodian may receive and administer all assets
authorized by law, and shall have full authority as provided in the Pennsylvania Uniform
Transfer to Minors Act to use such funds in the manner it deems advisable for the best
interests of such beneficiary. In addition, said Custodian shall have all the rights and
privileges as to the Custodianship and its assets as are herein granted to the Executor as
to my estate and the assets therein. I also designate said Custodian as successor
Custodian of any property for which I am custodian under any Uniform Transfer to Minors
Act.
October 31 , 2006
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L.B.M.
ITEM XV.
I hereby nominate, constitute and appoint Patricia Armstrong Morgan
to be the Trustee of the Trusts established hereunder.
ITEM XVI. I hereby nominate, constitute and appoint Patricia Armstrong Morgan
to be the Executor (herein referred to as the Executor). I n the event of the death of Patricia
Armstrong Morgan, or her inability or refusal to serve as Executor and/or Trustee or upon
her resignation as Executor and/or Trustee, I appoint Thomas 1. Niesen to serve as
successor Executor and/or Trustee hereunder. My Executor and Trustee are specifically
relieved from the duty or obligation of filing any bond or other security.
ITEM XVII. If my husband orthe personal representative of my husband disclaims
in whole or in part any property or interest therein otherwise distributable under ITEMS III
or IV such property or interest so disclaimed shall be distributed as if my husband
predeceased me with respect to such disclaimed interest provided in ITEM V (b), (c), (d)
and (e).
ITEM XVIII. The Trustee and Executor may receive reasonable compensation for
services as a Trustee/Executor hereunder. Testatrix is fully aware that she may nominate
any person or corporate entity to serve as Executor and/or Trustee, but has on her own
initiative specifically requested Patricia Armstrong Morgan to serve in said capacity to
assure implementation of her goals and objectives or if she is unable to serve then she has
requested Thomas T. Niesen to serve in said capacity. The services rendered as Trustee
October 31 , 2006
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L.B.M.
and Executor are separate from any services she (or he) may render as attorney for myself
or my estate.
IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and
Testament, consisting of this and the preceding twenty-three (23) pages, at the end of
each page of which I have also set my initials for greater security and better identification
this 31st day of October, 2006.
Lifs~'t. ~R~l" \ \CJ
We, the undersigned, hereby certify that the foregoing Will was signed, sealed,
published and declared by the above-named Testatrix as and for her Last Will and
Testament, in the presence of us, who, at her request and in her presence and in the
presence of each other, have hereunto set our hands and seals the day and year first
above written, and we certify that at the time of the execution thereof, the said Testatrix
was of sound and disposing mind and memory.
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(SEAL)
Residing at 70 'IJfl./!<ivU l{U,~0 fll-I.L-
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Residing at 1D00 ~UL -A-r1 n j)(',vi
tl:lr(L~bU!J .' PA l'lU2
(SEAL)
F:\CLlENTS\MISC\GMYERS\DOCUMENT\2006 LM Last Will and Testament.wpd
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AFFIDAVIT
COUNTY OF DAUPHIN
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SS:
COMMONWEALTH OF PENNSYLVANIA
, and
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the Witnesses whose names are signed to the attached orforegoing instrument, being duly
qualified according to law, do depose and say that we were present and saw Testatrix,
LOUISE B. MYERS, sign and execute the instrument as her Last Will and Testament; that
Testatrix signed willingly and that she executed said Will as her free and voluntary act for
the purposes therein expressed; that each of us in the hearing and sight of the Testatrix
signed the Will as Witnesses; and that to the best of our knowledge the Testatrix was at
that time eighteen (18) or more years of age, of sound mind and under no constraint or
undue influence.
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Sworn to and subscribed before me this 31 sl day of October, 2006.
My Commission Expires:
cor"lMONW0Ai.ll.
Notarial SesJ
Rhonda Heffelfinger. Notary Public
City Of Harrisburg, Dauphin C01Jnty
My Commission Expires Apr. 22, 2008
Member, Penr.syivHPj,u ASSOD!B.th}~l Of Notaries
ACKNOWLEDGMENT
COUNTY OF DAUPHIN
)
)
)
SS:
COMMONWEALTH OF PENNSYLVANIA
I, LOUISE B. MYERS, Testatrix 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 Testament; that I signed it
willingly; and that I signed it as my free and voluntary act for the purposes therein
expressed.
~~~ .\('"
LOUISE B. MYERS
Sworn to and subscribed before me this 315\ day of October, 2006.
My Commission Expires:
COMrv~2!~{liJ::::l:}r.i OF PENNSYLVANIA
Notarial Seal
Rhonda Heffelfinger, Notary Public
City 01 Harrishurg, Dauphin County
My Commission Expires Apr. 22, 2008
Mernber, Pr,nrsy!v,:;nifi ..i\SS0,~i;1ton Of Notaries