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HomeMy WebLinkAbout04-23-08 b PE'TITION FOR PROB/\ TE AND GRANT OF I.lETTERS REGISTER OF vVILLS OF COUNTY, PENNSYL V AN[A , Deceased File Number ----e2J -O~ J# O~SC} Social Security Number Estateof~~-D-L l TtGe- also known as Petitioner{s), \\ho is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' OJ' '8' BEl.OIV:) ~ A. Probak :tllll Grant of Lett~rs Testamentary and aver that Petitioner(s) is / are the /..;;:;", (:::; C!.-Vro ,(!. last Wilt ofthc: Dc:ceJ-:nt dated ~ 1~;:-IIC}<j(, and codicil(s) dated .-...;J ~O ~ ,-=:~ (State relevaflt circumstances, e.g.. rellunciation, death of executor. etc.) ,~:~ ' =0 :~~:~~) -,I ;:c (") ;::0 '".,' ,;' ~~.) Except as follows, Decedent did not marry, was not divorced, and did not ha'/e a child born or adopted after executio~l:,?~istru~(s) o~~~~~~ for probate, was not the victim of a killing and was never adjudicated an incapacitated person:. i (/) ^ c.v ~. r: CJ . '; JO -0 <. -", r"""\ _j~-n : i-,~ ~ ~. .. (If applicable. enter: c.t.a.; d.b.fl.c.t.a.; pendente lite; durante absentia; LHtmllte minoritat:t- -I:"" 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 dale oj Will in Section A above and complete list of heirs.) named in the o B. Grant of Letters of Administration Name Relationship Residence (COMPLETE IN ALL CASES:) Attach ad,litioIJal sheets if IJecessary. Decedent was domiciled at death in t1 'M ~ h . . (List street address. towlI/City. township. coumy. Slate, zip code) Decedent, then r 7 years of age, died on f7t,e/ L3, o? IJ~ ~tJ3 ;:>/'1 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 $ $ $ $ ~J IS () o o o situated as follows: 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: ForIllRW-02 rev fO/3.06 Page 1 of2 eJ Oath of Personal Representative COMMONWEAL lH OF PENNSYL VANIA COUNTYOF~~ailct ss The Petiticn~n:-;' abUVe-!LUll\:d $'."c:al\s) or aiTinn(s) that the statements in the foregoing Petition are true and eon-eet to the best of the kilO\vledge and belief of Petitioner(s) and rhat, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me the ~ .'l;{ d day of ~,W~ ~hrlt 0- C1%1 t1 ,f\f}t\) Forle~R~g-;;t;;- . - Signature O! Personal Representative () c:;:o '~l~ ~, () 0 ') C) --n ,.)C ~ ~ t'-' c:;:::) Iiiiiia' c:::o > -0 :::0 N W -0 :x "'r:J ~; ~=; 2;~ '~4 [;:~', ~3 ,~~ ::~T~ ;~_~ r-:,. Signature oj Perso/lal Representative Cf? File Number: +:'" .. AND NOW, Estate of I3GJTE iJ L- I TT Le- -ty Number: / (,~-; , (J ()()~ , in consideration of the foregoing Petition, satisfactory proof , Deceased Date of Death: y''/~ / 46c1 g , having been presented before me, T I ECREED that Letters are hereby granted to ......J~ C~ I J ~ LI Ill"''::::'''' J<( ('Y.oY L L-=- in the above estate and that the instrument(s) dated described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. ~ (fflJr/Wt) xf/A/JAha.urdL . Register of Wills U p.er CfJ tx?f--~ FEES Letters $ ~O. t1V ~g.(}\) Attomey Signature: Short Certificate(s) . . . . . . . . $ Renunciation(s) .......... $ ~~ :::~ --8::1A...tD~ . . . $ .. . $ .. . $ ... $ .. . $ .. . $ ...$ TOTAL .............. $ 'o~OO I D. LXi) 5.00 Attorney Name: Supreme Court LD. No.: Address: Telephone: 'IE, OV Form RW-{)2 rev. 10,13.06 Page 20[2 :2t-OC('" 6lf Sq 05.805 REV (01107) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. This is to certify that the information here given i. correctly copied from an original Certificate of Dead duly filed with me as Local Registrar. The origin a certificate will be forwarded to the State Vita Records Office for permanent filing. tZm..1'l ~PJ({ 08. v ._- Local Registrar Date Issued ee for this certificate, $6.00 P 14328950 Certification Number ITEM # 18 SHOULD READ AS FOLLOWS: W /I {IIJIYJ fA}. KG"1YI1t1 e It. L 'Y-' ........, <:::) c:::> c:c x- -0 :::0 N (A) o ~o -..". ::0 ';J\J '1 :r.: (") . ",l J;; F;; .<"-;: ::n co:;:.." . (")0 )01"1 ,~=)~ 0"""'; ):> -0 ::It <f! .r:- +' thn..1'l~ COMMONWEALTH OF PENNSVLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructlons and examples on reverse) ~ HNT :K INK STATE FILE NUMBER :L.<, c 87 OOlller . SpeciIy: 10. Race: AmeliCan 1nclIan, Black, White, *. (SI1eciM Whit e YIS. 811. CaMlly 01011111 Cumberland 14. ~~~~r Manted. 15. SuMvlng Spouse (K wile. give maiden name) Widowed 11. llec:8dInI's UIuII 01 Mll1c lllft IIllIII 01 lilt. 00 not stsllI ~ 01 WOlk Kind 0I1luINu I ~ Execut~ve Assist. Transportation 16. Oec8dIlt's MeIIllI AItRs& (SIIwt. cIIy I town. slaIe, ~ ccdll) 1700 Market Street Camp Hill, PA 17011 18. F.....s..... (FirIl....middII 1IIl.1IA) 19. MoIIler's Nllme (Fnt, nidcIe. 1llllidIn__) William P. Kemmerly Violet M. Swan 201. \nlCIllWll'I Nafne (Type I Pri11 2011. InIormInI's MlII&lg AddIWII (SlrIeI, city 11oMI. stsllI, ~ ccdll) Jacqueline K. Coyle 1213 Mallard Road, Camp Hill, PA 17011 21.. MIlhod 01 DiIpoIiliDn D CNITlIlion D DcnIIiln 21b.1l8le 01 DispaoIbI {IolcnlII, diy, v-l 21e. Place '" lliIpoIItIon (Name '" -.y, -..aIOly Of O\her pllc:el o ~~O RemovaIfromSlats ,:-~~~OYesONo April 11,2008 Manchester Lutheran Cemetery 221. (or parson acting IS such) 221:. Nllme and Address 01 FdIy ~ ~ arthemore FH&C~, Inc., PO Box 431 New Cumberland, PA 17070-0431 ~ only when c:erIIying 2311. To the baSI 01 my llnowIIdge.ll8III1 0CCUfIICl81 thelina. dill and pIBee stIIIld. (SlIJ1Ibn and 1IlIe) 23b. I.ie8rM Number 23c. CIte Signed (Monlh, day, yew) physlciIn IS notl'llillblllllire 01 doIIIlO '*"Y _ 01 doIlIl. ~~ 17s.SlIIa PenI\svlvania 17b. CoI.I1ly Cumberland He. 0 Yes, Decedenl lived in 17d.U:n.o.:::oILiYedwllllin Camp Hill T"'ll. CiIy I Boro 21d. Localion (CIly I toWn, SlIIt, ~ coda) Manchester, PA 26. was CIse Ref8rr8d 10 MedIcII Examlner I Coroner lor a Reason 0Iher IhIn Cremation or Donation? Dyes '}ONo 24. Time 01 0e81h n.ns 24-26 musl be complaIed by parson who ~de8I/I. 28. Old Tobaeco Use Conltllule 10 0e81h? o Yes 0 Probably No 0 Unlcnown 29. K FemaIa: ~ No! pIelJlBIll wilhin past year o P"lJlIII1lallMneofll8lll1 o No! pregnant. but pragnIIlI within 42 days of doIlll o Not pcegnIIIl. but pIelJlBIll43 days 10 1 year beIOf8 de8lh o ~ V flI9lJlll"\ wiIhIn \he past year 32c. Place 0I1r$q. Ibna. FIIlIlI. SInlet. FIdOry, 0Ib Bttilg. 1Ile. {SpsdIy} Plrt II: Enlll 0IIlII1illnIIc8nl...--.. oonIrIlulIna 10 doIIh but not rISI.llIng In lilt undIIIyIng _ given In PlIrt I. I ApproxinIIe i1IarYII: I Oneal to llNII1 I , I ; 'Oelat' , , I I I I I I I D e-m e-"'N T 1&'1. S'n-..Jll.~ ::re:=~=)~ ~ concIIons. N..". =~=~a. =:-~~~ ... Due 10 (or IS .. consequence 01): b. Due to (01' IS . consequence 01): Due 10 (or IS a consaquanee 01): d. D. WIle ~ Findings A\/IIIIIbl8 PtIar 10 CompIo4Ion 01 CIuIe 01 0e8lh? 31. Manner oIllNth 3Oa. WlIs In ~ Parformad'I ~ Natural D HomIcido D ~ 0 Pendng InvestigIIion 3211. l1ma 0I1tVf D SuIcido D C"'*l No! be 0aIant'Dd 32g. Loc:atIon 0I1r1uri (SlrIeI, city 11Own. SIlIls) 321. K TraneporIIIIcln Injury (Sp8cIIy) D tllNer I ()pe!aIor 0 PlIaqo< Dpadolldon 0IIler . SpaciIy: 331. CriiIr (dlIck only one) 331>. S1p1ln and 'I1IIa 01 CarUfier . CertIIyIng phpIdIII (f'I1\lIiCIIn CII1iIyIng _ oIll8III1 when anolIlIl' physlciIn ilia pnmunced doIIIIlnd ~ 111m 231 P\.-~ fe;-..' f+V I'Y' r) To dlI bIIt 01 my IlneNlIdgI. dIIIIII OCCUIIICI cIut 10"'l*1li(1) IIId --- .. IlIltd.. - - - -- - - -- -- -- - - -- -- - - -- - - - - -- - -- I;il ~ . Pronounclng IIId criYlng ~ (l'lIyelclIn boItI pIIlClCllI'ICil dIIIIIlnd 1:8lIl'jing to _ of dIIIII) 33<:. l.blnse NtInbIr To" bIIt 01 my 1InowlIclgI, dIIIIII OCCUIIICIlldllllme. dole, and pilei, and due to tile ClUll(s) and -.. slIlId.. -- -- - - - - -- - -- - -- - 0 M 0 4'~ i q ? 0 . = ~.=. and I or InwdgIlIon, in my opinion, doSIlh 0CC\I'I'td II the lime. dole, and pilei, and due \0 tile couae(a) and _ IS stIlId.. D 34. Nama and AcIclma '" Person WOO ~ad c- 01 0ea1t1 (Item 27) Type I PrlnI lVc"VY1l'?\~ I~I ~'p1A v . . '3 lot S-CR "PJ'i 1"".::14' 14)1\.<.-1 I C 0. m r }h II OYaa DNo Dyes qlNo M. 33d. 0Ille Signed (Month, dIy. yea~ n ril I... ~l zoc;>S Yt'1 I "lei I 35. Regislrar's .. .. ...... F. M. WELLS, JR. ATTORNEY AT LAW 4911 PARK STREET NORTH ST. PETERSBURG. FLORIDA 33709-2227 TELEPHONE (813) 541-6671 FAX (813) 545.2808 (21. O~- ol/5Q Id wm anb Cdtamtt1t o ~O :-:.:.....:0 , .::.:.'""'0 -\::r.: 0 _:_1 ''P' M -i~~ ."'00 )O-n =. (',.- j"- '.- :0 ---1 -0 ")::=- ....., <:::) <:::) ~ :P- -0 ::::0 N V.) =c' ,-j-" ,....j C-=? _,.J I::J ~ C:l ..-'" ;=:, -\"I ,:-0'\ r-,:1 OF -0 :x ':? r Cfl ~:~~~-" .l:ll5"rrJ5 D. :r..rrrLE I, .l:ll5"rl'J5 D. Ll'.rl'LE, a resident of Manatee County, Florida, being of sound mind and disposing memory, do hereby make, publish and declare this my Last Will and Testament, hereby revoking any and all other W1lls and Codicils thereto by me at any time heretofore made. L I direct my Personal Representative to pay all debts which I am legally obligated to pay at the time of my death, my funeral expenses and costs of administration of my estate 88 soon as practicable after my death. . n. I hereby ratify, approve and confirm any gifts or devises of tangible personal property prepared by me in writing and executed in accordance with the Florida Statutes. m. I hereby appoint 88 Personal Representative JACQUELINE It. COYLE, if she is serving 88 Trustee of the REVOCABLE TRUST OF WS'rl15 D.. :r..rrrLE DATED FEBRUARY 14., 1980, 88 may be amended. In the event of the death, incapacity, ~IV'Abon or discharge of JACQUELINE K. COYLE, then GEORGE W. LlfTLE, JR. 8Dd WILLIAII T. :r..rrrLE shall serve 88 Alternate Co- Personal Representatives. I further exp~ direct that my Personal Representative shall have the same powers as have been granted to the Trustee under said Revocable Trust. N. It is my intention that the Probate Court shall not continue the administration of this estate after the payment or delivery of the assets to said Trustee, and that the Court shall proceed to a final settlement and order the property to be turned over to the Trustee 88 soon as possible. If, at the time for my Personal Representative to make distribution to said Trustee, any Trust beneficiary is then entitled to distribution of Trust assets, my Personal Representative may make distribution directly to such beneficiary. v. I give and devise to said Trustee under the REVOCABLE TRUST OF HIS'rl:15 D. :r..rrrLE DATED FEBRUARY 14., 1990, the entire residue of my estate (including all failed and lapsed legacies but excluding any property over which I may now or hereafter have a power of appointment) to be administered and distributed by the Trustee in accordance with the terms of said Revocable Trust, as may be amended. ft. ~ ,.1 IN W1T.NES8 WHEREOF, I sign, seal, publish and declare this instrument to be my Last Will and Testament in the presence of the persons witnessing it at my request this . ol...F' rl day of ~ (/ N' e_ t 1996, at ~ ~u , ~ ~ County, Pennsylvania. ' -O~ ~ ~~ WS'rlOj5 D. Ll'rTLE The above and foregoing instrument was signed, sealed, published and declared by the Testatrix as and for her Last Will and Testament in our presence; and we, at her request and in her presence and in the presence of each other, have subscribed our names as witnesses thereto, this 01 J*' /;;( day of ~ LI A' ~ t 1996. lvania OF PENNSYLVANIA OF We, WS'rlOj5 D. Ll.'J.TI,.E, and and ~ ~ & "d,.. the Testatrix and the witnesses, ~, \Y. ose names signed to the foregoing' ent, being first duly sworn, do hereby declare to the undersigned officer that the Testatrix signed voluntarily and that each of the witnesses present, in the presence of the Testatrix, and in the presence of each other, signed the Will as witnesses, and that to the best of the knowledge of each of the witnesses, the Testatrix was at that time over the age of 18 years, of sound mind and under no constraint or undue influence. -6.~ vt'. ~~ BE'rlOj5 D. Ll'rTLE * County, Pennsylvania %(2,..~ Pennsylvania F. M. WELLS, JR. ATTORNEY AT LAW 4911 PARK STREET NORTH ST. PETERSBURG, FLORIDA 33709-2227 TELEPHONE (813) 541-6671 FAX (813) 545-2808 A' Sworn to (or aftirmed) and subecribec! ~ore me ~lTi D. LlT'l'LE, and ~ .I~CC.A. ~ /;~U ~ 4- }//It 9/AI'FA. A- v 'NJ'"~V and , / t this -?S~day of L./'( ~ ., ~ t 1996. Notary Public OTARfAL SEAL My Commi~on Expires DORIS,. STRINGER, f\'otary Public Harrisburg, PA Dauphin County My Commission expires April 1. 1999 2 F. M. WELLS, JR. ATTORNEY AT LAW 4V11 PARK STREET NORTH ST. PETERSBURG, FLORIDA 33700-2227 TELEPHONE (813) 541-6671 FAX (813)545-2808 ~, -O<i ,,0451 (; Co <:::n ~\~~ ~ p ;.:;:.t!?m ."~Jl U)~ ,~')o ',:'J ~-2 11 )-0 . ::4 THIS AMENDED REVOCABLE TRUST, made and entered into:itbis ,...., c:::. c:::::,:) c:o ):lI'" -0 :;:0 N W =tJ ~~ ~.;.:_~ fS C:Y .orl ..- -n :.':.';: (-) ;.~: [On ~\~<< AMENDED REVOCABLE TRUST OF J:m"l-r.15 D. I..JT'r.LE DATED FEBRUARY 14. 1990 -0 :::r: w .:It "'if}. I 1996, by BrAl"'l'.15 D. I..l'r1'LE, a resident of Manatee County, Florida, hereinafter referred to as "Grantor" and "Trustee". BEClT/&T.R A. Under date of February 14, 1990, .HIS'rl'.15 D. I..l'r1'LE, as "Settlor", executed the REVOCABLE TRUST OF .HI5"l"'l'.15 D. I..l'r1'LE, (hereinafter called the "Trust Agreement"), under the terms of which the Settlor reserved the right to amend the Trust Agreement in accordance with the provisions of the article entitled BIGHT TO REVOKE OR AMEND AND TO ADD PROPERTY. B. It is the desire of the Grantor, .HI!i'l"'r.15 D. LITTLE, to amend and restate the Trust Agreement in its entirety. NOW, TRRRRFORE, in consideration of the mutual covenants herein contained, and other good and valuable considerations, the Grantor does hereby amend and restate the Trust Agreement in its entirety, 88 follows: WI~NI88B~H: The Grantor does hereby transfer and deliver unto the Trustee the securities and properties listed on Schedule A attached hereto and made a part hereof, to have and to hold the same in trust, nevertheless for the following uses and purposes and subject to the terms, conditions and powers hereinafter set forth: ARTICLE L poWRRf:I OF TRUSTEE A. The Trustee shall have the following powers to be exercised in her discretion: 1. To retain any property transferred to the Trustee. 2. To invest and reinvest the Trust assets in any property or undivided interests therein, wherever located, including bonds, notes, stocks of corporations, real estate or any interest F. M. WELLS, JR. ATTORNEY AT LAW ~1l1 1 PARK STREET NORTH ST. PETERSBURG. FLORIDA 33709-2227 TELEPHONE (813) S~1-6671 FAX (81 3) ~S-2808 therein and interest in trust, including common trust funds, without being limited by any statute or law concerning investments by the Trustee. 3. To sell any trust property, for cash or on credit, at public or private sale; to exl"hAnge any trust property for other property; to grant options to purchase or acquire any trust property; and to determine the prices and terms of sales, exchAnges and options. 4. To execute leases and subleases, even though such terms may extend beyond the termination of the Trust; to subdivide or improve real estate and raze or alter improvements; to grant easements; to give consents and make contracts relating to real estate; and to release or dedicate any interest in real estate. o. To borrow money and to mortgage or pledge any trust property. 6. To take any action with respect to conserving or increasing upon the value of any trust property; and with respect to foreclosures or reorganizations, abandon demands for or against the Trust, wherever situated; and to execute contracts, notes, conveyances and other instruments, including instruments containing covenants and warranties binding upon and creating a charge against the Trust, and containing provisions excluding personal liability. 7. To keep any property in the name of a nominee with or without disclosure of any fiduciary relationship. 8. To employ agents, attomeys, accountants, investment advisors, auditors, depositories and proxies, with or without discretionary powers. 9. To receive additional property from any source, including the proceeds of any life insurance policies, and add it to and co-mingle it with the Trust assets. 10. To enter into any transaction authorized by this article with the trustee or legal representative of any other trust or estate in which any beneficiary hereunder has any beneficial interest, even though any such trustee or legal representative is also trustee hereunder. 2 F. M. WELLS, JR. ATTORNEY AT LAW ~91 1 PARK STREET NORTH ST. PETERSBURG. FLORIDA 33709-2227 TELEPHONE (813) 541-6671 FAX (813) 545-2808 11. To make any distribution or division of the trust property in cash or in kind or both, and to allot different kinds or disproportionate shares of property or undivided interest in the property among the beneficiaries or portions; and to determine the value of any such property, and to continue to exercise any powers and discretion herein given for a reasonable period after the termination of the Trust, but only for as long as no rule of law relating to perpetuities would be violated. 12. To buy, sell and trade in securities of any nature, including short sales, on margin, and for such purposes may maintain and operate margin or other accounts with brokers, and may pledge any securities held or purchased by them with such brokers as security for loans and advances made to the Trustee. 13. To pay over to the Grantor such sums from the principal or corpus of the trust property as the Trustee may deem necessary for her needs, if in the judgment of the Trustee the income from the trust property is insufficient for such needs. When the Trustee, or the Successor Trustee, exercises discretion hereunder, it shall not be necessary for the Trustee, or the Successor Trustee, to inquire as to any other income or property of the person for whom such principal is to be used. Any decision of the Trustee, or the Successor Trustee, with respect to the exercise of said discretionary powers made in good faith shall fully protect the Trustee, or the Successor Trustee, and shall be binding and conclusive upon all persons interested in this Trust. B. To the extent that any such requirements can be legally waived, no Trustee shall ever be required to give any bond as Trustee, or in the absence of breach of trust, account to any court or obtain the order of approval of any court in the exercise of any power or discretion herein given. No person paying money or delivering any property to the Trustee shall be required to see to its application. c. At any time that the Trustee, or the Successor Trustee, is acting as Trustee hereunder, the signature of one of the Trustees or of one of the Successor Trustees sban. be sufticient to execute proxies or powers of attorney to vote any securities or represent the Trustee as holder or owner of any securities or other assets, to execute stock powers or other endorsements of securities or any other 8 F. M. WELLS, JR. ATTORNEY AT LAW 41111 PARK STREET NORTH ST. PETERSBURG. FLORIDA 33709-2227 TELEPHONE (1113) 541-6671 FAX (813) 545-280a negotiable instruments, registered, issued or drawn in the name or to the order of the Trustee for the purpose of effecting AAA1gJ"ment, transfer or delivery thereof, and to sign checks or orders to pay on deposits, accounts or credit balances of the Trust with any bank, banker, broker or trust company. Any such proxies, powers, endorsements, checks or orders shall be valid when signed by one of the Trustees or one of the Successor Trustees unless otherwise specifically provided herein. ARTICLE n. RIGHT TO REVOKE OR AMEND AND TO ADD PROPERTY The Grantor hereby reserves the power to revoke or amend this Trust Agreement in whole or in part by an instrument in writing executed by her and delivered to the Trustee. The Grantor further reserves the power at any time and from time to time to add cash, securities or other property to the principal of the Trust herein created by deed, gift or will. Any such additions to the Trust shall be held, aClminiRtered and distributed by the Trustee as an integral part of the principal thereof in accordance with all the terms and conditions of this Trust Agreement. ARTICLE m DIBT.R1BUTION OF INCOME AND PRINCIPAL DURING I.d.r"J5TlME A During the lifetime of the Grantor, the entire net income or principal of the Trust shall be distributed for the maintenance, education, comfort, support and/or medical care of Grantor. B. At the Grantor's request, or if the Grantor should become disabled or inl"AJ'APitated, the Trustee, or the Successor Trustee, is hereby authorized and directed to expend as much of the income and/or principal as the Trustee of this Trust deems necessary and proper to provide for Grantor's maintenance, education, comfort, support, and/or medical care. c. In the event of disability or inl'llpacity on Grantor's part, the Trustee, or the Successor Trustee, is further authorized to supervise the preparation of Grantor's tax returns and to assist in any or all of Grantor's financial affairs. 4 F. M. WELLS. JR. ATTORNEY AT LAW .111 1 PARK STREET NOFlTH ST. PETERSBURG. FLORIDA 33709-2227 TELEPHONE (813) 541-6671 FAX (813) 545-2808 ARTICLE IV. SPENDl'.l::l.KlFr PROVISION No beneficiary hereunder shall have the right, in advance of actual payment to such beneficiary, to sell, assign, transfer, dispose of in any manner, or to mortgage or to otherwise encumber his or her interest herein, or any part hereof, or any installment of other principal. or income to be received. No beneficiary shall give orders to the Trustee with respect to any distribution to be made. No creditor of any beneficiary may, in any manner, lien or levy against a beneficiary's interest herein for any contracts or other obligations of such beneficiary. ARTICLE V. COMPENSATION OF TRUSTEE The original Trustee and/or any Successor Trustee may receive reasonable compensation for services and reimbursement for reasonable expenses. In the event the Trustee and/or Successor Trustee is a Corporate Trustee, the Corporate Trustee shall receive reasonable compensation for services in accordance with its published fee schedule in existence at the time the services are rendered and reimbursement for reasonable expenses. ARTICLE VI. I :K~rU".lJ5IJ COPIES To the same effect as if it were the original, anyone may rely upon a copy of this Declaration of Trust (and the writings, if any, endorsed thereon or attached thereto). Anyone may rely fully upon any statements of fact certified by the Grantor and/or Trustee of the Original Declaration of Trust or any executed counterpart or a copy thereof certified by the Trustee hereunder. ARTICLE VB. CONSTRUCTION A The paragraph heAtlin~ used are for convenience only and shall not be resorted to for interpretation of this trust instrument. Wherever the context so requires, the masculine shall include the feminine and neuter, the singular shall include the plural, and "Trustee" shall include "Co-Successor 5 F. M. WELLS. JR. ATTORNEY AT LAW .a11 P....RK STREET NORTH ST. PETERSBURG. FLORIDA 33709-2227 TELEPHONE (813) 5.,-667, F....X (813) S.S-2808 Trustee" or "Successor Trustee." If any portion of this trust instrument is held to be void or unenforceable, the balance of this trust instrument shall nevertheless be carried into effect. B. The Trust herein created bas been accepted by the Trustee in the State of Florida, and all questions pertaining to the Trust and its validity and the administration thereof or in the construction of this instrument or any portion of it shall be determined in accordance with the laws of the State of Florida. ARTICLE vm. RULE AGAINST PERPETUITIES Notwithstanding an1tbing herein to the contrary, the Trust created hereunder shall terminate not later than twenty-one (21) years after the death of the last to survive of the Grantor and all beneficiaries described herein and the issue of each such beneficiary living at the date hereof. Upon that date, unless previously terminAted, the Trustee shall distribute the principal and income of the Trust to the beneficiary or beneficiaries for whom such Trust was held in proportion to the respective share of such beneficiary or beneficiaries. ARTICLE IX. AUTHOBl'I'Y OF TRUSTEE No purchaser or other person dealing with any Trustee purporting to act under any power or authority granted in or given by any Trustee in purported compliance with this item or any part or parts of it need be concerned or to inquire into the existence of facts upon which the purported power or authority depends or into the question of whether the purported power or authority still exists. ARTICLE X. B.E8IGNATION OF TRUSTEE The Trustee hereunder (whether originally designated herein or appointed as Successor) shall have the right to resign at any time by giving thirty (80) days written notice to that effect to the current income beneficiary (or beneficiaries) of this Trust. 6 F. M. WELLS, JR. ATTORNEY AT LAW 4~1 1 PARI< STREET NORTH ST. PETERSBURG, FLORIDA 33709-2227 TELEPHONE (813) 541-6671 FAX (813) 545-2808 ARTICLE XI. INCAPACITY OR DI8ABILl'l'Y The Grantor's incapacity or disability to act or continue to act 88 Trustee hereunder shall be established by the swom statements of two licensed medical doctors attesting to such inMpacity. One of the medical doctors shall be Grantor's own physician if he is available. ARTICLE m. SUCCESSOR TRUSTEE A Any Successor Trustee shall have the rights, powers, duties and discretions conferred or imposed on the original Trustee. No . Successor Trustee shall be obligated to examine the accounts and actions of any previous Trustee, nor shall they be responsible for any acts or omissions of their predecessors for which they are not at fault. B. Each Successor Trustee shall accept the office in writing and shall be vested with the powers and duties of the trusteeship immediately upon delivery of the written acceptance to the Grantor, or if the Grantor is deceased or incapacitated, to the prior Trustee and/or to the beneficiary (or beneficiaries) of this Trust. c. Any Trustee may appoint a Co-Trustee or a Successor Trustee if neither has been provided for in this Declaration of Trust. D. Upon the death, incapacity, resignation or discharge of the Trustee, liJsrl15 D. Ll'rl'LE, then JACQUELINE K. COYLE shall serve as Successor Trustee. E. Upon the death, incapacity, resignation or discharge of the Successor Trustee, JACQUELINE K. COYLE, then GEORGE W. U'rI'LE, JR. and WILLIAK T. LITTLE shall serve as Co- Successor Trustees. ARTICLE xm. DISTRIBUTION UPON DEATH The Trustee shall have the fonowing duties and shall dispose of the Trust assets in the fonowing manner: 7 F. M. WELLS. JR. ATTORNEY AT LAW 41111 PARK STREET NORTH ST PETERSBURG. FLORIDA 33709-2227 TELEPHONE (813) 5<11-6671 FAX (813) 545-2808 A. The Trustee shall collect the proceeds of any life insurance policies payable to the Trustee and shall hold the proceeds together with any additional property added to this Trust from any source. Any insurance proceeds and property shall constitute the assets of the Trust. B. The Trustee shall pay to the Personal Representative such amounts 88 the same shall certify 88 necessary. C. No interest hereunder shall be transferable or eAA1gJ"Ahle by any beneficiary or be subject during his or her life to the claim of his or her creditors. D. Upon the death of any beneficiary, any income then accrued or undistributed shall be held and accounted for or distributed in the same manner 88 if it had been income accrued and received before said beneficiary's death. E. Upon the Grantor's death, all remAining principal and any undistributed income of Grantor's Trust shall be distributed 88 follows: 1. Grantor's home, commonly known 88 'l92O T .......Jvwe Drive, Cobv <:'Awe, ~ 1l~ County, FImida 34222, together with all furniture, furniAhingJ'l and contents thereo~ including all tangible personal property not otherwise specifically given to a beneficiary in Grantor's Separate Writing to her Last Will and Testament, shall be distributed to Grantor's daughter, JACQUELINE K. COYLE, per stirpes. 2. Grantor's Successor Trustee shall pay all exI>eJlSeS incidental to settling this Trust and all remAining principal and any undistributed income shall be distributed to Grantor's children, GEORGE W. L1.'rl'LE, JIl, JACQUELINE K. COYLE and WILLIAII T. L1.'rl'LE, equa1ly, share and share alike, if living. If any of Grantor's children shall not survive Grantor, his or her share shall be distnouted to his or her lineal descendants, per stirpes, if any, and if none, to Grantor's other two children, equa1ly, share and share alike, per stirpes. F. In the event any share or part of the principal of the trust property hereunder sball, pursuant to the provisions hereo~ become payable outright to a person, who, at the time when payment 8 F. M. WELLS. JR. ATTORNEY AT LAW .1111 PARK STREET NORTH ST. PETERSBURG. FLORIDA 33709-2227 TELEPHONE (813) ~1-6671 FAX (813) 5045-2808 is herein directed to be made, is not of the age of thirty-five (85) years, the same shall vest absolutely in such person subject to the terms and conditions contained in this Article, and be his or her property and the Trustee shall hold such share or part, accrue and distribute the principal and the income as hereinafter provided, until such beneficiary attains age thirty-five (85). Income and principal shall be distributed as follows: 1. Until the beneficiary attains eighteen (18) years of age, the Trustee shall have sole discretion in determining what, if any, income and/or principal is distributed to or for the benefit of such beneficiary of this Trust. 2. After the beneficiary attains eighteen (18) years of age, the Trustee shall continue to have discretion in determining the amount of income and/or principal to be distn"buted to or for the benefit of such beneficiary. If all of the net income of his or her share of the Trust is not distributed to or for such beneficiary's benefit, the remAining net income I of such share shall be reinvested and added to his or her share of the principal of the Trust. 8. When the beneficiary attains the age of twenty-five (25) years, one-third (1/8) of the principal and any undistributed income of his or her share of the Trust shall be distributed to the beneficiary. All of the net income of his or her share of the Trust shall be distributed to this beneficiary on a monthly or quarterly basis, or in more frequent installments, until he or she attains the age of thirty (80) years. 4. When the beneficiary attains the age of thirty (80) years, one-half (1/2) of all J"P-mAining principal and any undistributed income shall be distributed to this beneficiary. All of the net income of his or her share of the Trust shall be distributed to this beneficiary on a monthly or quarterly basis, or in more frequent installments, until he or she attains the age of thirty-five (35) years. 5. When the beneficiary attains the age of thirty-five (35) years, the Trust shall terminate as to this beneficiary and all assets (principal and any undistributed income) held in trust for such beneficiary shall be distributed to this beneficiary. If the beneficiary dies before attaining the age 9 . F. M. WEllS, JR. ATTORNEY AT LAW ~01 1 PARK STREET NORTH ST. PETERSBURG, FLORIDA 33709-2227 TELEPHONE (813) 541-6671 FAX (813) 545-2808 of thirty-five (85) years, then the balance held in trust for such beneficiary shall pass to his or her lineal descendants, per stirpes. 6. The Trustee shall have the power and authority to make and implement discretionary decisions regarding all matters concerning the beneficiary including but not limited by this reference to matters concerning health, maintenance, support, and education. 7. The Trustee shall have the further discretionary power, with resPeCt to any beneficiary who bas not attained the age of thirty-five (85) years, to distribute such ben~riRpY's share of this Trust to the beneficiRl"Y at any time after age eighteen (18), when, in the Trustee's sole judgment and discretion, the Trustee decides that the beneficiary is capable of competently mRnRg;ng his or her share of the Trust free of the Trustee's control or supervision. IN WITNESS W~F, HlS-'rrlS D. Ll'.l'TLE, as the Grantor and original Trustee, bas set her hand and seal. ~ ,I. ?btz . L1.'.l'TLE GrantoI' aod Trustee W1TNES8E8: Manatee County, Florida Manatee County, Florida STATE OF FLORIDA COUNTY' OF MANATEE The foregoing instrument was acknowledged before me this :l ,p day of /n~ ' 1996, by HlS'rrlS D. LITTLE, who is personally known to me or bas produced: <;L (J L as identification, and who did take an oath. ~a~~~J~ Public My CommiAEdon Expires: ..4'P~L tM.AN R. WtI111ER IW... J" MY COMMISSd' cc 2711&4 !*{ ~ EXPIPS: Ap1t11. 1. ~ 80ndId 1l1'li.... PutlIc \JIdIIMMII ..' 10 . SCHEDULE -A- F. M. WELLS, JR. A HORNEY AT LAW 41U 1 PARK STREET NORTH ST PETERS8URG. FLORIDA 33700-2227 TELEPHONE (813)541-6671 FAX (813) 545.28Oa