HomeMy WebLinkAbout09-11-08 (2)15056051058
REV-1500 Ex (06-05) OFFICIAL USE ONLY
PA Department of Revenue Coun Code Year File Number
Bureau of individual Taxes ~
Po Box zaosol INHERITANCE TAX RETURN 21 08 0657
Hamsburg, PA 17128-0601 -~ RESIDENT DECEDENT
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death Date of Birth
184-09-1733 05/23/2008 08/11 /1916
Decedent's Last Name Suffix Decedents First Name MI
Davis John ~/
_ _ __
(If Appllcabie) Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix Spouse's First Name MI
__
Spouse's Social Security Number
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
1. Original Return 2. Supplemental Return _.., 3. Remainder Return (date of death
prior to 12-13-82)
4. Limited Estate _. 4a. Future Interest Compromise (date of _., 5. Federal Estate Tax Return Required
death after 12-12-82)
~` 6. Decedent Died Testate 7. Decedent Maintained a Living Trust 00, 8. Total Number of Safe Deposit Boxes
(Attach Copy of Will) (Attach Copy of Trust}
.": 9. Litigafion Proceeds Received r 10. Spousal Poverty Credit (date of death 11. Election to tax under Sec. 9113(A)
between 12-31-91 and 1-1-95) (Attach Sch. O)
CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED T0:
Name Daytime Telephone Number
Willam L. Adler (717) 234-3289
Firm Name (If Applicable)
REGISTER OF WILL3 USE ONLY
ADLER &ADLER
ru
~
First line of address ~-~ ~ ~.,t
125 Locust Street ~`-~ `'''
r
t 7 ~ - °' ~ ~~'
_
- ~
r7
~
_;~ -
4 '~
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Second line of address ~ ~~
-~-~ -- .:
~ r.
DATE t#!!=ii7 "w '3
City or Post Office State ZIP Code -- -~_ ~ _ - `~;
..._
i..... ,
Harrisburg PA 17101 '=1-~ `~ ~ `~
tt7 '~-
Correspondent's a-mail address:
Under penalties of perjury, 1 declare that I have examined this return, including accompanying schedules and statemerrts, and to the best of my knowledge and belief,
it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which prepan3r has any knowledge.
Side 1
15056051058 15056051058
f'Z~S Co ~ ~ ~~ ~g j'~ r 7 to
PLEASE US ORIGINAL FORM ONL~l
15056052059
REV-1500 EX
Decedent's Social Security Number
De~edenrs Name: John W Davis 184-09-1733
RECAPITULATION ..
1. Real estate (Schedule A) ........................................ ..... 1.
2. Stocks and Bonds (Schedule B) .................................. ..... 2. ''Z,O ~, ~ D ~[ (~ [
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) ..... 3.
4. Mortgages 8 Notes Receivable (Schedule D) ........................ ..... 4.
5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ... ..... 5.
6. Jointly Owned Property (Schedule F} :;: Separate Billing Requested .. ..... 6. (~ 7 ~"'
Z 6 ~
7.
Inter-wos Transfers & Miscellaneous Non-Probate Property +
~ 7
(Schedule G) ".'::: Separate Billing Requested... ..... 7.
8. Total Gross Assets (total ones 1 7) .. 8• `(~ ~ ~ZZ ~ '7s
9. Funeral Expenses & Administrative Costs (Schedule H) ................ ..... 9. ((~ ~ f Q
10.
Debts of Decedent, Mortgage Liabilities, 8~ Liens (Schedule I) ...........
..... 10. u
l 1 f'p KQ . S -/
11. Total Deductions (total Lines 9 ~ 10) .............................. ..... 11. 1 2 , S~/1 ~ 5 (j
#/
/
12. Net Value of Estate (Line 8 minus Line 11) ......................... ..... 12. Z ~ Z
(,~ r7r ~ ~ 7
J
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which
an election to tax has not been made (Schedule J) ................... ..... 13. 5' ~ ~ O Q ~ ®Q
14. Net Value Subject to Tax (Line 12 minus Line 13) ... ...... ...... ... 14. d~ ~ "Z ~ Z
~ ~
~ V t? r
.... ,
. „ ,.... . ,,... ...._
TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES
._ ..
„
.
15. Amount of Line 14 taxable
at the spousal tax rate, or
transfers under Sec. 9116
(a)(1.2) X .0 _ 15.
16. Amount of line 14 taxable
at lineal rate X .0 ~ ~ 3~ ~ 5' 7 Z ~ ~ ( 16. Z(~ ;~ q ~"
17. Amount of Line 14 taxable _ ~ _ ~
at sibling rate X .12 17.
18. Amount of Line 14 taxable
at collateral rate X .15 18.
19. TAX DUE .................................................... .....19.
20. FILL IN THE OVAL 7F YOU ARE REQUESTING A REFUND OF AN OVEr~PAYMENT
15056052059 Side 2
15056052059
REV-1500 FJC Page 3
Decedent's Complete Address:
Fite Number
21 _ 08. ,0657
DECEDENTS NAME DECEDENTS SOCIAL SECURITY NUMBER
John W Davis 18409-1733
STREET ADDRESS
5225 Wilson Lane
CITY i STATE 'ZIP
Mechanicsburg ~ PA 17055
lax Payments and Credits:
1. Tax Due (Page 2 Line 19)
2. CreditslPayments
A. Spousal Poverty Credit
B. Prior Payments Z ~ rp0~__
C. Discount I ~ ®5 7. 6 ~
3. Interest/Penalty if applicable
D. Interest
E. Penalty
(1) iv .. ~.q ~' ~ ~ ~ -
Total Credits (A + B + C) (2) Z 9. , (~Jr ~ r ''~ i
(3)
{5)
Total Interest/Penaity (D + E )
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Fill in oval on Page 2, Line 20 to request a refund.
5. If Line 1 + Line 3 is greater than Line 2, enter the diifference. This is the TAX DUE.
A. Enter the interest on the tax due.
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE.
(5A)
(56)
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred :.......................................................................................... ^ ^X
b. retain the right to designate who shall use the properly transferred or its income : ............................................ ^ ^X
c. retain a reversionary interest; or .......................................................................................................................... ^
d. receive the promise for life of either payments, benefits or care? ...................................................................... ^
2. If death occun'ed after December 12,1982, did decedent transfer property within one year of death
without receiving adequate consideration? .............................................................................................................. ^
3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? .............. ^
4. Did decedent own an individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? ........................................................................................................................ ^
1F THE ANSWER TO ANY OF THE ABOVE QUESTIONS iS YES, YOU MUST DOMPLETE SDliEDULE G AND F1LE IT AS PART OF THE RETURN,
For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse
is three (3) percent p2 P.S. §9116 (a) (1.1) (i)].
For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent
(72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and
filing a tax return are still applicable even if the surviving spouse is the only beneficiary.
For dates of death on or after July 1, 2000:
The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an
adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. §9116(a)(1.2)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's Pineal beneficiaries is four and one-half (4.5) percent, except as noted n
72 P.S. §9116(1.2) (72 P.S. §9116(a}(1)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent (72 P.S. §9116(a)(1.3)]. Asibling is defined, under
Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
SCHEDULE "B"
STOCKS AND BONDS
Estate of John W. Davis File Number z(-orb -065'7
ITEM NUMBER DESCRIPTION VALUE AT DEATH
Merrill Lynch
Account # 878 11905
(See attached Exhibit "A") $188,474.57
John Hancock
21 1415302
(See attached Exhibit "B") $13,572.20
TOTAL STOCKS
AiQD BONDS $202,046.77
SCHEDULE "H"
FUNERAL EXPENSES,
ADMINISTRATIVE COSTS AND
MISCELLANEOUS EXPENSES
Estate of John W. Davis File Number
ITEM
Ni7MRF,R
DESCRIPTION
AMOUNT
1. Funeral Expense
Moore and Snear funeral home $3,495.00
2. Personal Representative
Commission
3. Social Security Number
4. Year Commission Paid
5. Attorneys' Fees $7,500.00
6. Family Exemption Claimant,
Relationship to Deceased
7. Address of Claimant at
Decedent's Death
8. Probate Fees $310.00
9. Advertising estate $150.00
10. Reserve $175.00
Susan Walla, income tax
preparation $280.00
~o~~ tl , gto . 00
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES AND LIENS
Estate of John W. Davis File Number
ITEM NUMBER DESCRIPTION AMOUNT
Associated Cardiologists $10.00
Bethany Village $605.90
Continuing Care RX $30.17
US Treasury, Income tax $922.00
Pa dept of Revenue, income tax $19.00
Hampden Physician Associates $53.47
Total $1,640.54
SCHEDULE "F"
JOINTLY OWNED PROPERTY
Estate of John W. Davis File Number
Joint Tenant Name Address Relationship to
Decedent
A.Ruth Ersek 83 Fox Fire Lane
Lewisburg, PA 17339 Daughter
B.
C.
Item Joint Description Total o Decedent
Number Tenant
Property
Value Inter Interest
and
Asset est
of
Date Deced
ent
Made
Joint
11/05 A Vanguard 515, 606.81 50 $25"7, 803.41
Account
88010003828
Vanguard Voyager
Select Services
P.O. Box 13750
Philadelphia, PA
19101-9897
(See attached
Exhibit "C")
11/05 A. Bank of America 10, 545.13 50 $5, 272.57
(See attached
Exhibit "D")
Total $253, 075.98
SCHEDULE J
BENEFICIARIES
Estate of John W. Davis File No.
ITEM NUMBER NAME AND RELATIONSHIP AMOUNT OR
ADDRESS OF TO DECEDENT SHARE OF
BENEFICIARY ESTATE
A. Taxable
Bequests Ruth Marian
Ersek
83 Fox Fire Lane Daughter 2/3
Lewisberry, PA
17339
Kristopher Grandson 1 / 3
Matthew Hemmerich
126 Crosswick
Lane
Lancaster, PA
17601
ITEM NUMBER NAME AND ADDRESS OF
BENEFICIARY AMOUNT OR SHARE OF
ESTATE
A. Charitable
and
Governmental
Bequests
Plymouth Evangelical Church 5,000.00
Total 5,000.00
Global Private Client Group
1Kerrill6ynch
August 14. Zt)08
Mr. William Adler
Attorney At Law
1 ? ~ Locust Street
P.O. Box 11933
Hatrisburv. PA 17108-1933
Rc: John W Davis, Deceased
Merrill Lynch Account 878-1 I90~
Dear Mr. Adler,
101 Arrandale Boulevard
Exton, Pennsylvania 19341-2564
610 594 6388
800 937 0766 Toll Free
FAX 610 594 1102
Enclosed please find the date of death account value fot• the above referenced account.
The account was opened on November 2"~. 1998, and it is the only account Mr. Davis
had with Met~'ill Lynch at thc: time of his death.
[ have also included a copy of his ~~ierrill L_vl~tch second quarter account statement for
your convenience. As always, the numbers provided in this report is Cor your
information purposes. Plcase use the Merrill Lynch monthly statement as your official
records.
Please fccl tree to contact me with any questions.
S- cerely
Lei T. Kropp
Client Associate
Enclosures
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John Hancock Funds, LLC
Mutual Fund Operations
P.Q. Box 9510
Portsmouth, NH 03802-9510
(800)225-5291
www. jhancock.com/funds
John Hancock Signature Services, Inc.
July 23, 2008
William L Adler
Attorney at Law
Adler & Adler
125 Locust Street
PO Box 11933
Harrisburg PA 17108-1933
Reference: 00964571
Account Number: 1415302
John W. Davis
Dear Mr. Adler:
the future is yours
Thank you for contacting John Hancock. I am writing in response to the enclosed copy of your
request for information regarding the John Hancock mutual fund account listed above. The
documentation we received will be kept on file for future reference. We are contacting you in
writing because we cannot resolve your request by telephone.
A review of our records shows that this is only mutual fund account under John W. Davis' Social
Security Number (SSN) in our files. This individual non-retirement account was established on
February 6, 2006, when the shares were transferred from an account registered to Mr. Davis and
Frances D. Davis. Please note that there are no beneficiaries listed on this account.
The account value of account number 1415302 on May 23, 2008, was $13,572.20. This amount
includes $52.19 in dividends that had accrued but had not been paid. The net asset value per
share ofthe Bond Fund A was $14.49 and there were 933.058 shares in the account. Please
remember that the share price fluctuates daily.
To transfer or redeem the shares in this account, we will need the following:
A letter of instruction signed by Ruth Marion Ersek as executor of the Estate of John W.
Davis referencing the account number listed above. If Ms. Ersek wishes to transfer the
account, we will need to know the registration, address and Tax Identification Number
(TIN) under which we will establish the new account. If Ms. Ersek wishes to redeem the
account, we will need to know the name, address, and TIN under which we will redeem
the account.
~x~
John Hancock Funds, LLC, 601 Congress Street, Boston, MA 02210-2805, Member FINRA • Sovereign Asset Management, LLC
If the account will be transferred or if the redemption check will be made payable or
mailed to an individual other than Ms. Ersek, the signature on the letter must be medallion
guaranteed. The signature must also be medallion guaranteed if the account will be
transferred or if the redemption check will be made payable or mailed to an entity other
than the estate.
The medallion signature guarantee stamp provides proof of identity and must be issued by
a member of the medallion program. It must contain the appropriate bar coding and must
contain the letter prefix (A, B, C, D, E, F, X, Y or Z) that identifies the grantor's
maximum surety amount, which must be sufficient to cover the amount of the requested
transaction. Banks, Savings Associations, Brokers, Dealers or Credit Unions that are
members of the medallion program can provide the needed guarantee. A Notary Public
stamp is not a valid signature guarantee. Also, please note that a date or any other added
notation will invalidate the medallion signature guarantee.
The enclosed Account Application completed and signed. Since any change in
registration affects the legal ownership of the account, it will be necessary for us to
transfer the shares to a new account. We will use the Account Application to obtain
identifying information regarding the entity or individual that will be receiving these
assets. Sections 2 and 3 must be completed and Section l 1 must be signed. The TIN must
be included in Section 2. The USA PATRIOT Act of 2001 requires us to obtain this
information. Please note, if the account will be redeemed under Mr. Davis' SSN, it will
not be necessary to transfer the shares to a new account. In this case the Account
Application would not be required.
For your convenience, a postage paid envelope is enclosed. When we receive the requested
information, we will promptly process the request. If you have any questions, please contact us at
1-800-225-5291 any business day between 8:00 a.m. and 7:00 p.m., Eastern time. For additional
account and product information, please access our Web site at www.,~hfimds.com.
Sincerely,
Valerie Allen
Correspondence Associate
cc: Signator Investors Inc
Enclosure Copy of Request
Account Application
Postage Paid Envelope
Page > 1 of 1
. r, T VdI1~11diC~'
John W Davis & Report,far 05123/2008 ' ~` ;.
._. ..._Ky = .- .... __. ~_ ... -. _.- _-. ... .
Ruth M Ersek Client Services: 800-662-2739
JT TEN WROS
83 Foxfire Ln Total report value: 5516,462.01
Olde Forge (focal report value indudes any accrued dividends.)
tewisbeny, PA 17339-9338
John WDavis;-Ruth M-Ersek;;;Jo~nt Account ~ ~~y.. ~-~
Account value~sumtnary = -_ i - ~' - _ ~ . _ -
Narne Fund & Account ( Date
!
, Price Per .
Number ~ Opened Shares Share ~ Va1ue'
GNMA Fund Admiral Shares , 0536-88010003828 02t23t2006 18.099.719 ~ 510.40 S188,237.08
Wellington Fund Inv ~ 0021-88010003828 ~ 1111712005 i 1,556.626 532.06 ; 549,905.43
Short-Term Invest-Gr Adm ~ 0539-88010003828 10511912006 , 8,742.794 510.59 592.586.19
Wellesley Income Fund Adm 0527-88010003828 02/2312006 3,567.698 551.82 j S184,B78.11
' Doesn't indude accrued dividends.
Totals
i-,;
Accrued
Dividends
S572.79
5282.41
5515,606.81, 5855.20
1969768598 07/18/2008 16:49:46
~x~ ~
i~a
JOHN> W: DAMS
RUTH M ERSEK
.Page 2 of b;
Statement:. Period
.06.17.08: through 06.17-08
B ii 0 I P PI 11
Account Number: 0000 6101 4825
Regular -Checking ~~ ~ ~ ;, ~ ,."`
~. ,~
JOHN: W DAMS RUTH M ERS>K ~'~ .
dour Account at a Glance.
Account Number OOOQ 6101 4825 i
Beginning Balance. on 05-17-08 $ 12 70&.80 (li ~Q ~~,~'~
Deposits and Other Additions- +521.74 "! ~ ~ ,~
Checks Posted - 7,173.89 ~ ~ ~ ~ ,~ ~ v
A`T`M and Debit`Card ~~ubtractions - _ ` ° f fi75' - ~` ~ a t
__.-_ _.
~~
Other Subtractions ~ ~ar~R :t:~ . , - -44 "': x::~a.a~ rs~ ~ ~~ ~ ._,. ;
' ~~~~m,
Ending.B"alatnce on.06-17-08 ~_ .~.,;.,,.$~ ~3,933r4~ ~"=~='."~~"~~.,~.,~..~ ~ ~ r m~,,~ ~,._.,.-,. ~ -
Your Toi~c~~Quolif.n,'~,~1,~~~'~S~~P~~
_ ~'
account ..- -. ,.r,., .- , ..~ - ... ~ r _
- ~r~ gy. e~of"`. -
lame _ '~'~"`~~9)~ier~'°' ^•° _ aka°~ce~~($}~ Ba ance Dater
~,e lar Checkin ' ~'°"' "
€'u g ~~ 0000{6101,4825 -~ ~ ~9 808.50 Avera a 06-1fi
.,
"dta~l'~Q~if3'~g Balance`. ~;$OS:~GO`.x =;- g
We waived' the monthly maintenance. fee on your checking ~tcount because-.you had 59,808.50'Combined Average Deposit balance `
in your combined checking and.`.iinked. savings, Mn li~"a~kat;Savings, CD or IRA accounts during the statement rycle. Thank you
for choosing to bank with us. -°""`-
...;: ~.~ _, f~egvl'ar`C i~~`:.~d~dif~s~E~trac~ons
POSted Amonnt(S} RAIATf (~P~`~!7~~ f ~"1.o taco ~+Y~'i~ e.«,r w+w~• Ct: ••
05-19 3fi.5.1,.+
05-19 ~338a'~--
05-19
'L-_ ~ .. ~ - - - ---- - ---
12 279~~~-- ~ ~~, rfn .~rr~~sa~t~~
_ ~.. ,. i
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05-19 ;~ . ~
-~_ : ,~~, v ~~ ~.,;~.
- 1~,09o-80
-- CheckG'ard °0 ~...~, , _ -- ``' -- - -
--- _-4.~-----w _
`~Iarrisb PA 24071058137987179148099:
05-20 ~'!'~ 12,008'.51 Cna Rtd`: C 05/20° #000?69581 Purchase
_ 330 Cumberland. PA Mechanicsb
_ -
05-21
05-21 . ~-1-,9~9:08-~
i3'"' 1Q,929.43
10,842,13 _
Cheep..::... ~ 193 -- -.,«~.-~,_,. _ .._ , "_
Check'`.: 1934`~`~..
05-22 ~
i9~~-'" 1,772:13 Check 1932
05-23 - 10,545:13 Check 1935
05-2? ,~ 10,317.96. CheckCard 0524 $lue. Pacific: Sushi & G
Lancaster PA 24071058146158133393283
05-27 - 1, 10,174.15' .Giant Food#12 ' 05/25 #000203158- Purchase
- 255 Cumberland PA- Mechanicsburg PA
05-27 - 10,129.91 CheckCard: 0525 Giant Fuel #120
Mechanicsburgpa.24692168146000257977879
~~
REGISTER OF WILLS
CUMBERLAND COUNTY
PENNSYLVANIA
CERTIFICATE OF
GRANT OF LETTERS
No . 2008- 00657 PA No . 21- OS- 0657
Estate Of: JOHN W DAVIS
(First, Middle, Lastl
Late Of : UPPER ALLEN TOWNSHIP
CUMBERLAND COUNTY
Deceased
Soci a1 Security No : 184-09-1733
WHEREAS, on the 17th da~~ of June 2008 ar_ instrument dated
April 10th 1996 was admitted to probate as the Last will of
JOHN W DA VlS
jFirsr, Middle. Lastl
late of UPPER ALLEN TOWNSHIP, CUMBERLAND County,
who died on the 11th day of August 1916 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, GLENDA EARNER STRASBAUGH Register cf Wills in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certif~r that I have this day granted Letters TESTAMENTARY to:
RUTH MAR/AN ERSEK
whc alas duly qualified as FXECUTGR(R/X1
and has agreed to administer the estate according to Iaw, a1i of wh?ch
fu1 ' y appears of reccrd in my office a t CUMBERLAND COUNTY COURT HOUSE,
CARL/SLE, PENNSYLVANIA,
~N TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
cf _~v cffice cn the 17th day of June 2008.
* ~IVGT~ * * ALL NP..MES ABOVE APPE~?R (~ TRST`, M_~DDLE, LASTi
I, JOHN W. DAMS, of Lower Providence Township, Montgomery County,
Pennsylvania, declare this to be my last Will, hereby revoking all prior Wills and codicils.
FIRST: I give the sum of Five Thousand ($5,000.001 to the Plymouth
Evangelical Church, for general church purposes.
SECOND: I give all of the rest and residue of my property, real and
personal, to my wife, Frances D. Davis, provided that if she dies on or before the thirtieth
(30th) day following the day of my death, this gift shall lapse or be divested, and I give
such property as follows
A. Two-thirds (?.'31 of said property to my daughter Ruth ivlarion
Ersek, provided, however, in the event that she is not then living, this gift shall lapse and
be distributed to my grandson, Kristopher Matthew Hemmerich; and
B. Or!e-third (t /~~ of said property to my ~~rsr~d.;cr. ^__. .,^ner
~. r ..
1Vlatthew I~~emmerich.
TIFHRI3: No beneficiary may assign or transfer his or her interest under
this ~V ill or any codicil hereof, and no person with a claim against the beneficiary may
reach any such interest before it is distributed to the beneficiary.
FOIJ'RT~i: All estate inheritance taxes and interest and penalties thereon
payable by reason of my deatl'r with respect to property passing under this Wiil shall be
paid from the principal of my residuary estate.
FIFTH: In addition to powers given them by Iaw, all fiduciaries acting
under this Will, whether or not named herein, shall have the following discretionary
powers applicable to all property held by them, effective without court order and until
actual distribution:
A. To retain any property received by them, including the stock
of any corporate fiduciary or any corporation controlling or having a substantial interest
in, any corporate fiduciary, without regard to any principle of investment diversification;
B. To invest in all forms of property, including any common trust
fund operated by any fiduciary, without restriction to investments authorized by law and
without regard to any principle of investment diversification;
C . To compromise controversies;
D. To exchange or sell real or personal property publicly or
privately, far such prices and on such terms as they deem proper; to lease for any term
reaardtess of the duration of the trusts hereunder; and to give options for these purposes
without obligation to repudiate them in favor of a higher offer;
E. In the discretion of my corporate fiduciary to lend money or
an}~ other property held hereunder with or without collateral and upon such other terms as
my corporate fiduciary deems proper;
F. To exercise any discretionar;~ power to use principal or income
for a beneficiary by paying the beneficiary`s expenses directly or by distributing funds to
any person or organization they select to disburse the same for the beneficiary's exclusive
benefit; in like manner to pay or distribute principal or income to which any beneficiary
is entitled if my fiduciary deems the beneficiary incapable of receiving the same by reason
of any illness, infirmity or legal incapacity; and to distribute to a minor notwithstanding
minority any principal or income which they have discreticn hereunder to use for a minor
or to which a minor is entitled;
G. To hold investments in the name of a nominee;
H. To assume continuance of the status of any beneficiary with
reference to death, marriage, divorce, illness, incapacity or other change in the absence
of information deemed reliable without liability for disbursements made on such
assumption;
I. To exercise any option permitted by law to use deductions for
Estate or Income Tax purposes as my fiduciary deems advantageous for overall tax
reduction even though the effect may be to increase income at the expense of principal or
vice versa, and to make or not to make adjustments with :expect thereto as my fiduciary,
whose decision shah be conclusive and not subject to review by any court, deems
appropriate in view of the nature of the transaction and the amounts involved, and:
J. To employ and compensate such brokers, advisors, professional
persons, and other agents as my fiduciar;~ deems advantageous or as I ?nay have !directed
whether or not an individual iiduciarv hereunder performs the services or has nav
pecuniary interest in the firm performing the services, without liability for payment or
3
compensation at a higher rate than might have been negotiated elsewhere without
diminution of any such individual's fiduciary commissions hereunder.
SIXTH: I appoint my wife. Frances D. Davis. Executrix under this my
Will. In the event my wife does not act or continue to act as such, I appoint my daughter,
Ruth Marion Ersek, Executrix under this my Will. In the event that neither my wife nor
my daughter, Ruth Marion Ersek does not act or continue to act as such, I appoint my son-
in-law, David A. Ersek, Executor under this my Will.
SEVENTH: No fiduciary acting under this will shall be required to post
bond or render security in any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this (a ~ ~ day of Gi, , 1996.
w-
J N W. DAMS
SIGNED, SEALED, PUBLISHED, and DECLARED by the above-named
Testator, as for his Iast Will, in the presence of us, who at his request, in his presence and
in the presence of each other, have subscribed our names as attesting witnesses:
. ~ t
1325 Hollow Road
Address
Collegeville, PA 1x425
~~
1511 Green Hill Road
Address
Collegeville, PA 19425
4
CO1tiIl~IONWEALTH OF PENNSYLV~,.NZA
ss.
CC>L1vTY OF MONTGOMERY
I, JOHN W. DAVIS, 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; that I signed it willingly; and
that I signed it as my free and voluntary act for the purposes therein expressed.
~¢"~`.~
John W. Davis, Testator
Sworn to and subscribed
before me this loth day
pf April 1996
rotary Public
Nota~a Seat
Maryann T Foley. (Votary Public
Noms`own Boro, Montgomery County
My Commission E~ires June 2t . t 997
~1~r.1r~-r. Fc-nnsylvaniaAssa~ation of Nrtarfas
CONIl~10NWEALTH OF PENNSYLVANIA
ss.
COUNTY OF MONTGOMERY
We, James 3. Himsworth, Jr. and Carol ?~. DiRado ,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 sign
and execute the instrument as his Last Will; that JOHN W. DAViS signed willingly and
that he executed it as his free and voluntary act for the purposes therein expressed; that
each of us in the hearing and sight of the testator was at that time 1S or more years of age,
of sound mind and under no constraint or undue influence.
~ _ ~~
f~ss
Witness
Sworn to and subscribed
before me this ? 0th day
of April 9E
tart' Public
~'JOiaiiai c~e31
Maryann T ,=,~~y. Notary Public
Noms~~avn 8oro, "~Aontgomery County
My Cammis;,ron Exc~rs~s Sane 2t . t 997
F,-~~mtk r -enn~yl~~~li t,A4St~9ti()n Of NOt~irt;>