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HomeMy WebLinkAbout05-23-08 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA Estate of Samuel Michael Sanzotto also known as Samuel M. Sanzotto File Number J J ~ CJ;( -' 0 SLP (p , Deceased Social Security Number 190-18-3196 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) o A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executor last Will of the Decedent dated December 3, 1990 and codicil(s) dated Not applicable The wife of the Deceased, Jean K. Sanzotto, predeceased him on February 20,2002 and he did not thereafter re-marry. 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 (/fapp/icable. enter: c.t.a.; d.b.n.c.t.a.; pendente /ite; 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.) Name Relationship ~~ <:-::D '. -1.: C) -.~ : -~ 9J :0 ~:l; j /,., 11 ; ~.i~ Decedent was domiciled at death in Cumberland Messiah Villa e 100 Mount Allen Drive Mechanicsbur (List street address. town/city. township. county, state. zip code) (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~. ~~:3 ~ j :''S County, Pennsylvania with his / her last principal~S1rltnce at U er Allen Townshi Cumberland Count PA 17055 ')> r.. -0 :x N W Decedent, then 85 years of age, died on May 12, 2008 at Messiah Village, 100 Mount Allen Drive, Mechanicsburg, Upper Allen Township, Cumberland County, P A 17055 Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property (lfnot domiciled in PAl Personal property in Pennsylvania (lfnot domiciled in PAl Personal property in County Value of real estate in Pennsylvania $ $ $ $ 1,500,000.00 0.00 0.00 0.00 situated as follows: Not applicable 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 fonn to the undersigned: ~ T ed or rinted name and residence Glen R. Grell, 5445 Margaret Court, Mechanicsburg, Hampden Township P A 17050 Form RW-02 rev. 10.13.06 Page I 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 beliefofPetitioner(s) and that, 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 J~~ c;;~~ C;;~ Signature of Personal Representative Signature of Personal Representative Signature of Personal Representative o So '<D :=u <~~p 'c~fll ,I '~~S ?:2 '" 1,..-..." ,;~~"r; ~=o ,~ --l :c~ File Number: fLl- O~ ~ OS(P(p Estate of Samuel Michael Sanzotto , Deceased AND NOW, having been presented before me, IT are hereby granted to Glen R. Grell Date of Death: May 12,2008 , Qj)[)Y , in consideration of the foregoing Petition, satisfactory proof D that Letters Testamentary 1"-.3 c,::> c:::> co =r.: :J;.- -< ('.,) '-.:> ~- j ) ", " ~ -". r'i '=---'j "j r;;) c....) ,&"" and that the instrument(s) dated December 3, 1990 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES ,.;;; Letters ... ( ( ~t) j' c;x?Q. . $ Short Certificate(s) . . . . . . . . $ Renunciation(s) .......... $ WIU $ ~Au-m $ ,')c P $ $ $ $ $ $ .. . $ TOTAL .. . . . . . . . . . . . . $ Form RW-02 rev. 10.13.06 in the above estate ~~go Attorney Signature: Attorney Name: Glen R. Grell l~,ao 5.0D \ 0 . ()'CJ Supreme Court J.D. No.: 34338 Address: 5445 Margaret Court Mechanicsburg, P A 17050 Telephone: 717-433-6613 l Oz..~" 0.00 Page 2 of2 HI05.905MS REV. 6106 This is to certifY that this is a true copy of the record which is on file in with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953. ~! ,"-V ,:"./",,-1 CJ I -C u"" (; ";71.l'.JJ the Pennsylvania Division of Vital Records in accordance WARNING: It is illegal to duplicate this copy by photostat or photograph. ~ (J>>u-IL tfr<Jfol- Calvin B. Johnson, M.D., M.P.H. Secretary of Health 1423305 Frank Yeropoli State Registrar MAY 2 0 2008 H105-143 REV 11/2006 TYPE I PRINT IN PERMANENT Bl.ACI< INK cPt No. 1. Name at Decedent (First, middle. last, suflix) Samuel Michael Sanzotto Date STATE FILE NUMBER Shamokin, 4. Dale of Death (Month, day, ySII) - 18 5/12/08 S. Age (last Birthday) 6. Dale 01 Birth (Month, da. ear) 7. Birthplace ( 6/11/22 PA 8a. Placeo/Death (Check only Ol1e) Hospital: Other" o Inpatient 0 ER I Outpatient 0 DDA 'fi( Nursing Home 0 Residence DOther _ Specify S. ~~~~=~;I~~~:niC Origin? CKNo 0 Yes 10. ~~~'i;erican Indian, Black, Whhe. etc Mexican, Puerto Rican, etc.) Whi te 85 Yo 8b. County of Oealh Sd. Facility Name (It not Instilulionl give stneet and number) ~ U-dlar- Cumberland 11. Deced8l1l's Usual Occu hon Kind of work done durin most of WOfkin kle. Do r,ot stale re~r Kr;do!Woril KilldolBusiness/'ndustry Su Education 12. Was Decedent ever in the u.s. Armed Forces? lXIy" ONo Decedenl's ActualResidence 17a.Slate 13. Decedent's Educalion (Speclty only highest grade completed) Elementary I Secom1a,)' (0-1.2) College (1-4 or 5+) 5+ Pennsylvania Cumberland 100 Mount Allen Drive Mechanicsbur , PA 17055 17b Counly 18. Father's Name (First, middle, last. suffix) Jose h Sanzotto 19. Mother's Name (Firs!, middie, maiden surname) Jennie Zi to 2Ob. Informant's Mailing Address (Streel, city Ilown, stale, zip code) 5445 Mar aret ct. Mechanicsbur 21d. location (eil)' I town, slate, zip code) Pa17055 Gate of Heaven Cemetery Mechanicsbur 22<. N.m..""..-..01 ,..,,, Neill Funeral Home fns 3501 Market st. Cam Hill pA 7 i1 2Oa_ Informant's Name (Type I Print) c w ~ ~ ~ < ~ .... 21c. Place 01 Disposition (Name 01 cemeler)'. crematory 01 other placel 23b. license Number 14. Marital Status: Married, Naver Married, Widowed, Divorced (Specif0 Widowed 17C.~ Yes, Decedent Livedil Upoer 17d.O No. Decedent Lived within ActualUmilsol Allen T"P. City/Bora PA 17050 26. Was Cass Referred to Medical Examiller I Coroner lor a Reason Other than Cremation Of Donation? Dyes B'No 23c. Dale Signed (Month, day, year) =e,A:~A~ d:~\ci~ J1MOIA- -H-t. Approximate interval Part II: Enter OItler sialiflC8n1 condilDis contril:lumalo dlIath, 28. Did Tollacco Use Contriblle to Death? Onaelta 0ea1h but not resulting in the underlying cause given in Part I. 0 Yes 0 Probably ~o 0 Unknown l/'lafli HC'J.J Due 10 (or as a consequence 01): b t1 d 1/ ClA/1 cP rI De j/}U2 M h 14 Due to (or as a consequence 01): ~~a...rs i/tq'U ,-1-<'14 SI O,J , (la..r <-UCI<.. r-1frlffh. th;~ cZPU'nut:i. of Ch/Ont(.. ~t1a) dl sease. Sequenliallv 1st conditions, i1any, leadlnglothecaulllllisleclon fine a En1er the UNDERLYING CAUSE =:.- r8~ri~~g'Yn~~mf~ "p AIH.,p 'fl1n:s *4."'e Due to (or as a consequef'lCe 01): d. JOa. Was an Autopsy Performed? 30b. Were Autopsy Findngs Available Prior 10 CcJrr1lleHon 01 Cause of Death? 31. Manner 01 Death [2f'Natural D Homicide DAccidenl DPendlnglnvestigalion o Suicide 0 Could No! be Determined M. 321. "Transportafion Infury (Specify) DDriVflr/Operator o Passenger DPedestrian OOthe,._.. 33b. Slgnalure and TlI:le 01 Certifjer ~.~0/YlO Oy" 0'No DYes ~o 32d. Time 01 Injury i is !II ::! 33a. Certffier (check only one) Certifying phyllclan (Physician cartilyln~ cause Of death whgn anoll'lElr physician has Pronounced d8a1h and completed Item 23) To the belt of my knowMdge, dulh occurred due to thlCIUM(I)and INInner_.tIttd.. _ _ _ _ _ __ _ __ _ _ _ _ _ _ _ __ _ __ __ _ _ _ __ ___ ~=~~,.: ==~l:a~~I~:':~: :~hu~~~n~:i~~:r:'t ~::,~~(:~~ mlnner as &Wted.- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0 Medical Examiner' Coronlf' On the basis of examifllltion Ind I or InVfttlglltlon, In my opJnion, deeth occurred It lhaUme, d__, and plact, and due to tl'lf CIUse(I) and mlnnlr .1 stated- 0 33c Ucense Number mOt.{d.5'175' ~ 32g. Locetionof fnjury (Street, dIy I town, stale) 29. II Female: ca Nol pregnant within past year o Preg18nl at time 01 death o NOfpregnlM,butpregoantwithin42days of death o Notpregrlar1t, blJi pregnant 43 days to 1 year beloredlalt1 o Unknown II ~ant within the past year 32c. ~~~:r&~ ~~~~) Street, Factory, 33d DateSigned(Month,day,year) Os - 1.3 .-200 If 34. Name and Atldress of Person Who Completed Cause of Death (Item 27) Type/?rinl SA-A.I4H lV~iPJlt.~A-':'~H I'VJ{J /00 ,."'I-?T A"L-E!o.) -b,llL I va. ff)tE~J C..1'.<9 U4, c.. PA 170:S"~-- 8~~ ~,'j TO .-t~-:~ (i;;:: , .~, r--- ~) (~:S ~l -} C.'.:.: . -- :::0 0--1 J::'. .......~ c= <= = ::it :"'" -< N W -0 3 ~ W Ul ,! . , " ; . la$t )fill Ctno Q[e~tnm~nt n ~::~-) :- ..... OJ S_8tlU1ULJ1___SA!'lZ-QIJ'Q ( , :j -'0'1 . ~J _',) ---I ~.. 1. SAMUEL M. SANZOTTO, of Hampden Township, Cumberland ':utmtv. PennRvtuaniEI. dc. make. Pllbli:.::h and declare this to be my !J<"1:~t ""i,11. ::tnd TestRment, hereby revoking all Wills and Codicils bV me at any time made. IIEM..X : 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 3~ministration of mv estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, "'7PD though on pror.eeds of insurance or other property not pilssing undpJ: this Will. I'LJ;:lL-II: I direct the Executor to pay the expenRes of my last illness and funeral expenses from the property passing under this Will as an expense and cost of adminintration of my estate. JTEIvl Ill: If I predecease my wife, JEAN K. :;/\}J;',UT'!'f" T ~d.",'p and bequeath to h.Pl absolutelv imd in fee simple all of mv hC\l1Sehold furniture ond furnishings, books, pictures, iewelry. silverware, automobiles, wearing apparel and all '}ther articles .)f household or personal use or adornment and all policies of insurance thereon. If I do not predecease my said wife, I make said bequest to my children living at the time Ptlv,e J '1 ~z: -,_,'J_. ..-.,( !" ) (,...) -0 I...., ("'.) Ul .. ) "j-} " .' ' , . of my death, to be divided among them as they shall agree. 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 of the 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, to my wife, JEAN K. SANZOTTO, and HAMILTON BANK, Harrisburg, Pennsylvania, as Trustees (hereinafter collectively referred to as "Trustee"), IN TRUST NEVERTHELESS, to be further divided into two parts, 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 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 Page 2 ~..4 used. I recognize that the numerator of such fraction may be zero (0), in which case no property shall pass under "Trust A" and that said numerator may be affected by the action of the Executor in exercising certain tax elections. "Trust B": The balance of my residuary estate not placed in "Trust A" shall be placed into "Trust B" to be held, administered and distributed in accordance with ITEM VI of this Will. ITEM V: apply to "Trust A": The following provisions shall (a) The Trustee shall pay the net income arising from the principal of this Trust in quarterly installments to my wife, JEAN K. SANZOTTO, during her lifetime. (b) During the lifetime of my said wife, the Trustee shall pay to or for the benefit of my said wife 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 wife. (c) Upon the death of my said wife, or upon my death if my wife fails to survive me, the Trustee shall divide the principal and any accretions thereto and any accumulations of income into as many equal parts as there are then living children of mine and then deceased children of mine represented by then living issue. The Trustee shall hold one such share Page 3 _ /:t~t'''l /J as a separate Trust for the benefit of each living child, and shall hold one such share as a separate Trust for the benefit of the issue of each such then deceased child, per stirpes. (d) In each Trust thus established for a then living child of mine, the Trustee shall quarterly pay to or for the benefit of such child all of the income and so much of the principal of said 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, medical care and college or higher education. The Trustee shall pay to such child one-third (1/3) of the principal upon the death of the survivor of my wife and me. On the fifth anniversary of such date. the Trustee shall pay to such child one-half (1/2) of the then principal. On the tenth anniversary of such date, the Trustee shall pay to such child the balance of the then principal. Should such child die before final distribution of the assets of said Trust, but be survived by then living issue, the Trustee shall quarterly pay the net income from said Trust to or for the benefit of said issue, per stirpes, living at each time of quarterly distribution; as soon as anyone of said issue attains the age of twenty-one (21) years, and in no event later than twenty (20) years following the death of my child, the Trustee shall pay over all of the then assets in the Trust to the then living Page 4 ~ t-h "cI' issue of such deceased child, per stirpes. Should such child die before final distribution and not be survived by then living issue, the provisions of subparagraph (f) herein shall obtain. (e) In each Trust established for the benefit of the issue of a deceased child of mine, the Trustee shall quarterly pay the net income to or for the benefit of the issue of such deceased child, per stirpes, living at each time of quarterly distribution; as soon as anyone of said issue attains the age of twenty-one (21) years, and in no event later than twenty (20) years following the death of the survivor of my wife and me, the Trustee shall pay over all of the then assets in the Trust to the then living issue of my deceased child, per stirpes. (f) If at any time before final distribution of the assets of any of the Trusts established for my children or issue of deceased children, there are no living beneficiaries of said Trust, the Trust shall terminate, and its assets shall be added to the other then existent Trusts created herein for the benefit of my children or their issue in the same proportions in which the Trusts were originally funded pursuant to the provisions of subsection (c); provided, that if any of said Trusts herein created has previously been terminated by payment of its principal to its beneficiaries, said beneficiaries who received payment of the principal of that Trust shall collectively be considered an "existent Trust" for the purpose of this paragraph, and one share shall be paid directly to such beneficiaries in the same proportion by which Page 5 /j~~//:/ , they received the principal of the Trust, or, if any such beneficiary is deceased, the share of said deceased beneficiary shall be paid to his issue, per stirpes. IT~tl VI: The following provisions shall apply to "Trust B": (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 wife, JEAN K. SANZOTTO, during her lifetime. The Trustee shall also, from time to time, pay to my wife such amounts of principal of this Trust as the Trustee (other than my said wife) deems necessary for the proper support, maintenance and medical care of my wife. (b) Upon the death of my wife, 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 wife 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 Page 6 iA' //-/t 1// ? to determine whether to elect (under Section 2056(b)(7) of the Internal Revenue Code of 1986 as amended, or 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 anything to the contrary contained in this Will, the Trustee of this Trust shall not retain beyond a reasonable time any property which may at any time be or become unproductive, nor shall Trustee invest in unproductive property. Notwithstanding the provisions of subparagraph (b) of this Item, the Trustee shall pay to the Executor of my wife's estate, out of the principal of this Trust upon the death of my wife, 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 wife's estate. Such payment shall be equal to the amount by which (1) the total of such death taxes paid by my wife'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 wife estate. The determination by my wife's Executor of the amount payable hereunder shall be final. I direct the Trustee to pay such amount promptly upon written request of my wife's Executor. The final Page 7 ~/I--./d determination of the amount due hereunder shall be based upon the value as finally determined for Federal estate tax purposes in my wife'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 wife may waive her estate's right to payment under this subparagraph by Will, executed after my death, in which my wife specifically refers to the right to payment hereunder given to her estate. ITEM VII: My wife, JEAN K. SANZOTTO, shall have the noncumulative right to withdraw FIVE THOUSAND ($5,000) DOLLARS from the principal of either "Trust A" or "Trust B" under this Will each taxable year during which said beneficiary is then entitled to receive income. If said beneficiary is living on the last day of such year. said beneficiary shall also have the right to withdraw an amount equal to five (5%) percent of the aggregate net market value of the principal of "Trust A" and "Trust B" on such last day less the amount of such FIVE THOUSAND ($5,000) DOLLARS previously actually withdrawn from such Trust during the taxable year. Payment shall be made within thirty (30) days of the close of the taxable year, less any Trustee's commission payable with respect thereto. This right of withdrawal shall be noncumulative and may be exercised only in writing delivered to the Trustee within thirty (30) days prior to the last day of such taxable year. LIEM ~IIl: 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 Page 8 //://///:;:1 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. (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 of 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 Page 9 // ~~I ,/' / Trustee may deem advantageous to the estate 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 bv 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, acknowledgp 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 author i ze bor rO~ving f rom "Trust B". (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 Page 10 7/~~~%/ are payable from assets received by the Trustee, such taxes shall be paid from the assets constituting "Trust A". (h) 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. (i) 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. (j) 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 of an inter vivos transfer, and as a donee under a third-party beneficiary contract. (k) 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 IX: 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 Page 11 /h~7d? 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". JTEM X: In the event that there should be established in the Last Will and Testament of my wife, JEAN K. SANZOTTO, Trusts similar to the Trusts herein established for the benefit of my children and their issue, the Trustee of each of said Trusts 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 wife, and operating each of said merged Trusts as a single Trust. J::T"E;J~LX~: 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. Page 12 ,~;/:/ /'::1 ITEM XII: I hereby nominate, constitute and appoint my wife, JEAN K. SANZOTTO, to be the Executrix, herein referred to as "Executor". In the event of her death or her inability or refusal to serve, I nominate, constitute and appoint my son-in-law, GLEN R. GRELL, to be the Executor. The Executor and Trustee are specifically relieved from the duty or obligation of filing any bond or other security. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding twelve (12) pages, at the end of each page of which I have also set my initials for greater security and better identification this Y day of <..}),1"(ah;/j.c[/L.- , 1990. -~/ - h-- 7 ,,:<:[ -'--~ '" . SAMUEL M. SANZOTTO ~.~~t (SEAL) We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testator as and for his Last Will and Testament, in the presence of us, who, at his request and in his 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 Testator was of sound and disposing mind and memory. 5??~A~ ~/~'M- (SEAL) Residing at 27t>2 rrJVhhlif SJ -~r.I~b0 r?/J- 17~_______ (SEAL) Residing at 1~ ~(c.f.R..,Ave"j ---1fcV21li~bU ~ ) fit (7/1 d-- '%}f2{f1l-~d'f,/. ~~(SEAL) Residing at.,??) \f1_fY_///~ry'7t:'/ Y..f~ -09 /7/-0P- ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF JJ~ ) ) ) SS: I, SAMUEL K. SANZOTTO, Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. <.--/;:;.~~ ud- ~ ~A.: SAMUEL K. SANZOTTO / (SEAL) Sworn to and subscribed before me this 0~ day of ~'\1~J~"~-L ' 1910. .. ~) ~ () d-- ..> t O-~ LA lJ4 J.- - . Jotary Public My Commission Expires: (SEAL) .",,,..", ..""'"...._.."......_'h'.__.~~....___.. I t::. r J'.?-1..\L SEAL I : {, Ii". '" ~:I, ~Iotary Public ; :l: J~v ~(;,-,:,;;~,,~n [,:~'],',~~'i,';:~;:'i~~l I _."~-_._._,,..~..._..~_.._---.._------- " . ' AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~+~ ) ) ) SS: We, ,,70.s9}, L. ~-S~.~, ka,~ ~. tl10 I and/i}g~b.4~'/ L_~(Y'Jk, the Witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator, SAMUEL M, SANZOTTO, sign and execute the instrument as his Last Will and Testament; that Testator signed willingly and that he executed said Will as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as Witnesses; and that to the best of our knowledge the Testator was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. ~.._._- '/./~ ,...--'-'.' V ~- /l':>, Wit ess './L)oLL~~ .~ 14~ ./ Wi tness Sworn to and subscribed before me thi s.Jvtl day o f ~.e..,,^-JJ-f-,,-- ' 199 0 . . ~~L~ _ Public My Commission Expires: (SEAL) . L ~.. f' .., \' ,-" '.. .,) . ."lJ ,I '19;j'j I "", "",_..______.__..e l'l r , ~..." " L: