HomeMy WebLinkAbout10-20-08PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of MATILDA K. ERNEST File Number ~ 1 '"t~iK ~~C`-`1 ~i
also known as
Deceased Social Security Number
Petitioner(s), who is/are 18 years of age or older, apply(ies) for.
(COMPLETE 'A' or 'B' BELOW:)
® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / aze the E~CUTDR
last Will of the Decedent dated March 26, 1996 and codicil(s) dated Febnrary 26, 2002 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 bom 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:
® B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; 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. ord.b.n.c.t.a., enter date of Will in Section A above and complete list ofheirs.) o
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(COMPLETE INALL CASES:) Attach additional sheets if necessary. `' `-~ ~
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Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his /her last principal residence at ~ _
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131 BIItCH TREE CIRCLE NEWVILLE PA 17241 ~_
(List street address, townlcity, township, county, state, zip code)
Decedent, then 89 years of age, died on SEPTEMBER 21, 2008 at NEWVILLE, PA
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal ProPertY $ 2,400,000.00
(If not domiciled in PA) Personal property in Pennsylvania $ 2,400,000.00
(If not domiciled in PA) Personal property in County $ 2,400,000.00
Value of real estate in Pennsylvania $ 2 400 000 00
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 undersigncd:
Si afore T or Tinted name and residence
~~jl,H.,i ~ ~i~:
Form RW-02 rev. 10.13.06 Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition aze true and correct to the best of
the lrnowledge and belief of Petitioner(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 ~~~~ ~ ~~
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ore me the o
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For the Reg1St Signature of Personal Representative ' ~---
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File Number: ~ ~ - Q~- ~ 0 ~~o
Estate of MATILDA K. ERNEST Deceased
Social Security Number: 127-07-2272 yy,, Date of Death: Seatember 21, 2008
AND NOW, ~ o~fJ~ ~ in consideration of the foregoing Petition, satisfactory proof
having been presented before me, S DECRE~that Letters ,[
aze hereby granted to lil/, ]l/l_n--~ ~/per'
and that the instrument(s) dated
described in the Petition be admitted to probate and filed of record as the last Will
FEES
Letters ............... $ dU
Short Certificate(s) ........ $ . ~
Renunciation(s) .......... $ ~, (~ (~
~ ... $ /`S .~y
~./C ... $ ~ 6 . (I ~
A.uft~ .. $ .S.IJ (~
::$
..$
..$
.. $
TOTAL .............. $ .~ .00
in the above estate
Attorney Signature:
Codicil(s))
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Attorney Name: ~ fl' ~/(J ~ „` ~ 1 L~ ~'
Supreme Court LD. No.: Q ~ ~ g (~
Address: _ ~ ~ ~ ~j /(~~'~ ~~~
Telephone:
Form RW-02 rev. 10.13.06 Page 2 of 2
RENUNCIATION.
REGISTER OF WILLS n o
CUMBERLAND COUNTY, PENNSYLVANIA ~ ~ c~ ~
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Estate of MATILDA K . ERNEST ~ --~ Leased
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I, Rrt^HARD .RNFSm in my capacity/relationship as
(Print Name)
EXECUTOR of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
WILLIAM S. MOYER
~° 1, y/d b'
(Date)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this
of
Deputy for Register of Wills
Form RW-06 rev. 10.13.06
day
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(Signature)
3 6 s c..~; (.D ~o f~ ~~,,, ,~
(Street Address)
L~ ke /~v, e,~7`, TL ~o a yS
(City, State, Zip)
Executed out of Register's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
purposes stated within on this _~_ day
of GG v.3~,2 Z~c-K
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Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
MN1~N
OFFICUIL SEAL
GLENN C DALGLEISH
NOTARY PUBLIC -STATE OF ILLNVOIS
MiY COMMON EXPlRES:12A4lOS
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I, MATILDA K. ERNEST, of the Township of East Buffalo, County of
Union, Commonwealth of Pennsylvania, declare this to be my last Will, hereby
revoking all Wills previously made by me.
Section I
1.1 Payment of Debts and Expenses. I direct that all my debts which were
legally enforceable at the time of my death (including indebtedness secured by
any specific bequest), plus unpaid charitable pledges, whether or not enforceable
against my estate, and funeral expenses, including my gravemarker and all
expenses of my last illness, shall be paid from my residuary estate as soon as
possible after my death as a part of the expenses of the administration of my
estate. I direct that the cost of delivery to a beneficiary of any property passing
to that beneficiary by reason of my death shall be paid by my estate as an
administration expense. If my husband survives me, I absolve him from any
liability for any of those debts or expenses.
1.2 Pavment of Death Taxes. In the event that any portion of my estate is
~~9.~
ATTORNEYS AT LAW
11I MAIIKET 8T.
LEWISBURO, PENNSYLVANIA 17837
subject to no inheritance or death taxes or is taxed at a lesser rate than another
portion, all death taxes shall first be paid and then the residue of my estate
WITNESS:
fti ~ /'
M tilda K. Ernest c~
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[This Will continues] I ~ ; ``~
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ATTORNEVB AT lAW
/ 12 MARKET ST.
LEWISBUR6, YENNSVLVANIA 17837
determined and distributed in accordance with the terms of this Will. Under no
circumstances shall specific bequests bear the burden of any death taxes. I direct
that all other estate, inheritance, succession, transfer or other taxes, imposed or
payable by reason of my death with respect to all property comprising my gross
estate for death tax purposes, whether or not such property passes under this
Will, shall be paid out of the principal of my estate, as if such taxes were
administration expenses, without apportionment or right of reimbursement. I
authorize my Executor and Trustee to pay all such taxes at such time as may be
deemed advisable.
Section II
2.1 Funding of Exemption Trust. In the event that my husband survives
me, I devise and bequeath the rest, residue and remainder of my estate, of
whatever nature and wherever situate, in the following manner:
2.1.1 To the Trustee of the Exemption Trust created by this Will, an
amount equal to the largest amount that can pass free of federal estate tax
by reason of the unified credit allowable at my death less any amounts in
my gross estate payable from other sources to the Trustee of the
Exemption Trust by reason of my death.
2.1.1.1 This provision shall not be interpreted to deprive my
personal representative of any election, which, in his best judgment,
will create the greatest likelihood to reduce death taxes ultimately
payable by reason of my and my spouse's deaths.
2.1.2 To my husband, any funds remaining after the application of the
preceding sub-paragraph.
WITNESS:
- Mati da K. Ernest
K~
[This Will continues]
-2-
Section Ill
3.1 Exemption Trust. That portion of my estate, which under the terms of
this Will is to be assigned to the Exemption Trust created by this Section, shall
be held, managed, invested, and reinvested on the following terms and
conditions:
3.1.1 Trustee shall collect the income.
3.1.2 Trustee may accumulate the income or may, in his sole and
absolute discretion, pay over, apply and distribute all or any part of the
income together with all or any part of the principal to my husband for
medical expenses and maintenance in his accustomed standard of living.
3.1.2.1 My Trustee shall have the authority, in his discretion, to
make gifts out of this Trust to or for the benefit of any of my issue.
3.1.3 Except as provided below, Trustee shall have absolute and final
control over the accumulation or payment of income and principal and the
Trustee's determination in this regard shall be final and binding upon all
persons interested in this trust.
3.1.4 My husband shall have the non-cumulative power to withdraw
from the Exemption Trust the greater of $5,000 or 5% of its principal
valued as of the date of the exercise of the power.
3.1.4.1 This power may be exercised only once in each calendar
year and may be exercised only by a written demand delivered to my
Trustee on January 31 or July 31 (or the next business day following
them if they fall on anon-business day).
3.1.5 Upon the death of my husband, the Exemption Trust shall cease
and the Trustee shall pay over, apply, and distribute all the funds and
properties then constituting the principal and accumulated income of the
Trust to my issue in such amounts, such manner, and such interests, as my
husband may appoint by a last Will and Testament, made after my death
and containing a specific reference to this power.
~~~9.-~
ATTORNEYS AT LAW
112 MARKET ST.
LEWISEURO. PENNSYLVANIA 1783]
WITNESS:
~.
Mati da K. Ernest
[This Will continues]
-3-
3.2 In either of the following events, the Trustee shall distribute the
then-remaining funds and properties to my issue, in equal shares, pg~ sti es:
3.2.1 My husband survives me but dies without leaving a valid last
Will and Testament;
3.2.2 My husband survives me but dies leaving a valid last Will and
Testament which fails to exercise effectively, in whole or in part, the
power of appointment under the preceding sub-paragraph.
Section IV
4.1 First Alternate Bequest of Residue. If my husband does not survive
me, then I give, devise, and bequeath the rest, residue, and remainder of my
estate, of whatever nature and wherever situate, to such of my issue as survive
me by one (1) month, in equal shares, per stir~es.
Section V
5.1 I~nderage Beneficiaries' Trust. If a person who has not yet reached
twenty-five (25) years of age becomes entitled to a distribution under this Will,
then that distributive share shall be transferred by my Executor to my Trustee
upon the following Trust to be administered separately from any other Trust
created by this Will .
5.1.1 To accumulate the net income and to expend and apply so much
of the net income, accumulated income and principal of this Trust as
Trustee may in his sole discretion deem advisable for the support and
education (including college education, both graduate and undergraduate)
of said beneficiary or during illness or emergency. Trustee shall take into
consideration the beneficiary's other readily available assets and sources of
income.
WITNESS:
i~ ~. ~~~.,Gl~
Matilda K. Ernest
~~~~-~
ARORNEVS AT LAW
112 MARKET 8T.
LEWISBURG. PENNSYLVANIA 17837
[T`his Will continues]
-4-
5.1.2 When such beneficiary reaches age of twenty-five (25), one-half
(1/2) of the then-remaining principal and all accumulated income may be
paid upon the request of the beneficiary.
5.1.3 When such beneficiary reaches age of twenty-six (26), the
then-remaining principal and all accumulated income may be paid upon
the request of the beneficiary and, if such a request is made, said Trust
shall terminate.
5.1.4 This sub-paragraph shall apply where such a beneficiary dies,
survived by children, prior to attaining the age when the entire principal
and accumulated income is to be distributed to that beneficiary. In that
case, the remaining principal and accumulated income shall be held by my
Trustee in Trust, under the same terms and conditions, for all of that
beneficiary's children as are then living, until the youngest of those
children reaches the age of twenty-one (21) years. Or, if there remains no
such child less than twenty one (21) years of age, then the principal and
accumulated income shall be distributed in equal shares to such of my
children as are then living. Or, if there are no such surviving children,
distribution shall be to any issue of mine who are then living per stir es.
Or, if there be no such issue, distribution shall be to the estate of the last of
said children to die, and said Trust shall then terminate.
5.1.5 This sub-paragraph shall apply where any beneficiary of the
Trust created by this SECTION dies without surviving children prior to
attaining the age when the entire principal and accumulated income is to
be distributed to that beneficiary. In that case, the remaining principal and
accumulated income shall be paid to that beneficiary's brothers and sisters
in equal shares per stirpes subject to the terms of the Trust created in this
SECTION. Otherwise, distribution shall be to the deceased beneficiary's
estate, and said Trust shall then terminate.
Section VI
6.1 Executor. I appoint my husband, RUSSELL G. ERNEST of 61 James
Road, Lewisburg, Pennsylvania as Executor of this Will.
6.1.1 In the event of his death, incapacity, renunciation, resignation,
discharge or removal as Executor, I appoint my son, RICHARD C.
~&i9.-~
ATTORNEYS AT LAW
112 MARKET ST.
LEWI8BUR0. GENNSYLVANIA 17837
WITNESS:
Matilda K. Ernest
[This Will continues]
-5-
ERNEST of 1365 Wild Rose Lane, Lake Forest, Illinois as Executor in his
place.
6.1.2 In the event of his death, incapacity, renunciation, resignation,
discharge or removal as Executor, I appoint WILLIAM S. MOVER of 10
Crab Tree Lane, Lewisburg, Pennsylvania as Executor in his place.
6.1.3 In the event of his death, incapacity, renunciation, resignation,
discharge or removal as Executor, I appoint Wilmington Trust Co. of
Philadelphia, Pennsylvania, as Executor in his place.
Section VII
7.1 Trustee. As Trustee of the Exemption Trust created under this Will, I
appoint RICHARD C. ERNEST of 1365 Wild Rose Lane, Lake Forest, Illinois.
7.1.1 In the event that said Trustee is or becomes unwilling or
unable to serve, I appoint WILLIAM S. MOVER of 10 Crabtree Lane,
Lewisburg, Pennsylvania, in his place.
7.1.2 In the event that said Trustee is or becomes unwilling or
unable to serve, I appoint Wilmington Trust Co. of Philadelphia,
Pennsylvania, in his place.
7.2 Trustee. As Trustee of the Jnderage Beneficiaries' Trust created
under this Will, I appoint Wilmington Trust Co. of Philadelphia, Pennsylvania.
Section VIII
8.1 Fiduciary Powers. In addition to any authority otherwise given
.~~~-~
ATTORNEYS AT LAW
112 MARKET 9T.
LFWIBBURO. PENNSYLVANIA 17837
them, I expressly grant unto my fiduciaries (that is, the Executor and Trustee
named in this Will) the following powers to be exercised with respect to any
aspect of my Estate over which they have legal authority (including property held
in Trust), without court approval, in their discretion, and effective until final
distribution of all assets:
WITNESS:
Matilda K. Ernest
[T'his Will continues]
-6-
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ATTORNEYS AT LAW
1 t3 MARKET ST.
LEWISBURG, PENNSYLVANIA 17837
8.1.1 To retain any portion of the estate, including specifically any
stock of my corporate Trustee and any successor corporation of which it
may become a part by reason of merger, consolidation, or purchase.
8.1.2 To invest in any property without restriction to investments
authorized for Pennsylvania fiduciaries and without any requirement to
diversify assets.
8.1.3 To purchase investments at premium.
8.1.4 To subscribe for or to exercise options for stocks, bonds, or
other investments; to join in any plan of lease, mortgage, merger,
consolidation, reorganization, foreclosure, or voting trust, and to deposit
securities thereunder; and generally to exercise all the rights of security
holders of any corporation.
8.1.5 To repair, improve, or lease for any period of time and to give
options for leases.
8.1.6 To sell, exchange, partition or give options on terms and
conditions as it may deem proper.
8.1.7 Such authority shall include the power to sell to the Trustee.
8.1.8 To borrow money from any person, including the Trustee
acting in its commercial capacity.
8.1.9 To mortgage or pledge.
8.1.10 To compromise claims.
8.1.11 To make distribution in kind and, in such event, to select and
allocate funds and property in such manner as in his sole judgment and
discretion shall best effect equality to beneficiaries (unless equality
expressly not be required).
8.1.12 To exercise all power, authority, and discretion given
by this Will until all funds subject to this Will have been fully
distributed.
WITNESS:
S
t~~~
Matilda K. Ernest
[This Will continues]
. 7 .
8.1.13 To execute and deliver deeds, releases, mortgages,
conveyances, or other instruments necessary or proper for the
accomplishment of any of the powers given to it.
8.1.14 My fiduciaries may, in their discretion, surrender one or
all of such policies to the issuing company for their cash surrender
value.
8.1.15 My fiduciaries shall, however, be under no obligation
with respect to the payment of these premiums.
8.1.16 To enter, in his discretion, into any contracts of
insurance or annuity on the life of any person who is a beneficiary
under a trust created by this Will.
8.1.16.1 All details of any such contract shall be within
the discretion of my fiduciaries.
8.1.16.2 Premiums may be payable from income or
principal, in the discretion of my fiduciaries.
8.1.17 To take any action and to make any election to
minimize the tax liabilities of (1) any trust created under this Will and
(2) any of the beneficiaries of this Will.
8.1.17.1 This power shall include, but shall not be
limited to, the power to select assets to be sold or distributed to
the various beneficiaries in a manner that will minimize the
total income tax of the trust and the potential income taxes of
the various beneficiaries of this Will, without the requirement
that the income tax bases of such assets be considered.
8.1.18 No beneficiary of this Will shall have any right to
challenge the selection of assets chosen for distribution to a particular
beneficiary.
8.1.19 To retain and pay agents, employees, accountants, and
counsel (including, but not limited to, legal and investment counsel)
for advice and other professional services without, however, being
obligated to follow such advice.
~~~~-~
ATTORNEYS AT UW
114 MARKET ST.
LEWISBVRG. PENNSYLVANIA 17837
WITNESS:
- Matilda K. Ernest
[This Will continues]
8.1.20 To exercise any election or privilege given by the
Federal and other tax laws including, but not limited to, the joinder
with my husband in filing income tax returns, the consent on gift tax
returns to have any gift made by my husband considered as made in
part by me for gift tax purposes, the payment of any portion of
income or gift tax due under such returns, the election of the alternate
valuation for Federal estate tax purposes and the election to claim
deductions for death tax or for income tax purposes; and to make or
not make equitable adjustment for the exercise or non exercise of any
such election or privilege.
8.1.21 To buy, sell and trade in securities.
8.1.21.1 Do all other acts necessary and prudent to
maximize the value of business to the beneficiaries of my
estate.
8.1.22 To request from the trustee of any trust such funds as
may be necessary for the payment of the expenses of the
administration of my estate and for the payment of death taxes.
Section IX
9.1 Waiver of Requirement of Security. I direct that no fiduciary
(Executor or Trustee) named in this Will shall be required to enter security
in any jurisdiction for the faithful performance of fiduciary duties.
9.2 Compensation of Corporate FiduciarX. Any corporate
a~/fWE,b ~ ~l, 9. -~
ATTORNEYS AT lAW
11 Z MARKET ST.
LEWISBURO. YENNSVLVANIA 17837
fiduciary serving by virtue of this Will shall be entitled to compensation
based on its regular schedule of fees for such services in effect from time to
time during the period in which its services are performed.
WITNESS:
Matilda K. Ernest
[This Will continues]
-9-
1
Section X
10.1 Spendthrift Clause. Any sums of money or other property,
whether principal or income, payable to the beneficiaries under this Will
shall:
10.1.1 Be paid over to them free and clear, discharged of their
debts, contracts, and engagements;
10.1.2 Not be subject to assignment or anticipation prior to
distribution:
10.1.3 Be immune from levy, attachment, execution,
sequestration, or alienation until actual payment be made by my
Executor or Trustee to the beneficiaries;
10.1.4 Be free from the debts and obligations of the bene-
ficiaries while in transit.
Section XI
11.1 Interpretation. For the purpose of this instrument, my issue
shall include RICHARD C. ERNEST, JOAN E. TURNER, and CLAUDIA
E. SWAIN and their issue. One gender shall include any other gender; the
singular shall include the plural; and all powers granted and received shall .
be joint and several, as the case may be.
11.2 Savings Clause, Rule against Perpetuities. If any provision of
.~,~ ~ -~,Et, 9.
ATTORNEYS AT LAW
112 MARKET ST.
LEWISBVRO. PENNSYLVANIA 77837
this Will shall result in a violation of the Pennsylvania Rule against
Perpetuities (Probate, Estates, and Fiduciaries Code 6104 et seq.) such
provision is hereby revoked and the Will shall be read as if any portion
WITNESS:
Matilda K. Ernest
[This Will continues]
-10-
IT
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inconsistent with the Rule against Perpetuities is null and void, but only to
the extent necessary to avoid a violation of the Rule.
11.3 i n .The underscored captions appearing at the beginning
~~&9.~
ATTORNEYS AT LAW
112 MARKET BT.
LEWISBURO. PENNSYLVANIA 17537
of each Section of this Will are for reference and convenience only and shall
be totally disregarded whenever an interpretation of this Will is required.
[Any text below this line shall be disregarded]
L~2.- l•
- ~~ Mati da K. Ernest
WITNESS:
[This Will continues]
-11-
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this
the only signed original of rr~y last Willi eleven (11) pages, excluding this
signature page, this '~'bh--- day of , 19~°
~--- (SEAL)
MA ILDA K. ERNEST
~~~~-~
ATroKNEVS Ar uw
112 MARKET ST.
LEWISBURG, PENNSYLVANIA 17837
Signed, Sealed, Published, and Declared by MATILDA K. ERNEST, the
above-named Testatrix, as and for her last Will, in the presence of us, who at her
request, in her presence, and in the presence of each other, all being present at the
same time, have subscribed our names to this Will as witnesses.
Witness
511 BUFFALO ~OAQ
LEl'VISEt~!RG, PA 1337
Address of Witness
..
Witness
Time: ~'. ~ ~ ~ ,
F:\96\WILL\ERNEST.MAT
R.D. #s Box zs7A
DANVILLE, PA 17821
Address of Witness
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF UNION
ss.
I, MATILDA K. ERNEST, whose name is signed to the foregoing Last Will and
Testament bearing my name, having been duly qualified according to law, do hereby
acknowledge that I signed and executed that instrument; that I signed it willingly; and that I
signed it as my free and voluntary act for the purposes therein expressed.
~~Qi /1 ' ~ n~a.~ (SEAL)
M.ATILDA K. ERNEST
Sworn to and subscribed before me,
a Notary Public, this ~G ~ day of
5?'~~~R , 199,8:
(SEAL)
Notary Public
(SEAL)
Notary Public
/~ My Commission expires: -~
ATTORNEYS AT LAW
„:MARKET ST. F:\95;WIT.L.~ERNEST.MAT JU~r 2 159 ~
LEWISBURO. PENNSYLVANIA 11831 '
My Commission expires:
°~r Mu
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF UNION
ss .
We, the Witnesses whose names are signed to the foregoing instrument bearing the
name of MATILDA K. ERNEST, being duly-qualified according to law, do depose and say
that we were present and saw her sign and execute the instrument as her Last Will and
Testament; that she signed willingly and that she executed it as her free and voluntary act for
the purpose therein expressed; that each of us, in the hearing and sight of MATILDA K.
ERNEST, signed the Will as witnesses; and that to the best of our knowledge, MATILDA K.
ERNEST was at that time 18 or more years of age, of sound mind, and under no constraint or
undue influence.
Sworn or affirmed to and subscribed before me by the above-named witnesses, this
,~~o day of ~,~c..~--~, , 199~:1a
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FIRST CODICIL TO THE WILL
OF
MATILDA K. ERNEST
I, MATILDA K. ERNEST, of Newville, Pennsylvania, declare this to be
a first codicil to my will dated March 26, 1996.
FIRST: I revoke Section VI of my Will, in its entirety, and insert
the following new Section VI:
Section VI
6.1. Executor. I appoint my husband, RUSSELL G. ERNEST, of 131
Birch Tree Circle, Newville, Pennsylvania 17241, as Executor of this Will.
6.1.1 In the event of his death, incapacity, renunciation, resignation,
discharge or removal as Executor, I appoint my son RICHARD C. ERNEST, of
1365 Wild Rose Lane, Lake Forest, Illinois 60045, as Executor in his place.
6.1.2 In the event of his death, incapacity, renunciation, resignation,
discharge or removal as Executor, I appoint WII.LIAM S. MOVER of 37 Cedar
Circle, Newville, Pennsylvania 17241, as Executor in his place.
6.1.3 In the event of his death, incapacity, renunciation, resignation,
discharge or removal as Executor, I appoint my daughter, JOAN TURNER of
601 Kennedy Drive, Willard, Ohio 44890 as Executrix in his place.
SECOND: I revoke Section VII of my Will, in its entirety, and insert
the following new Section VII:
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Section VII
7.1. Trustee. As Trustee of the Exemption Trust created under this Will, I
appoint my husband, RUSSELL G. ERNEST, of 131 Birch Tree Circle,
Newville, Pennsylvania 17241.
7.1.1 In the event that said Trustee is or becomes unwilling or unable to
serve, I appoint my son, RICHARD C. ERNEST, of 1365 Wild Rose Lane, Lake
Forest, Illinois 60045, in his place.
7.1.2 In the event that said Trustee is or becomes unwilling or unable to
serve, I appoint WILLIAM S. MOYER of 37 Cedar Circle, Newville,
Pennsylvania 17241, in his place.
7.1.3 In the event that said Trustee is or becomes unwilling or unable to
serve, I appoint my daughter JOAN TURNER of 601 Kennedy Drive, Willard,
Ohio 44890, in his place.
7.2 Trustee. As Trustee of the Underage Beneficiaries' Trust created
under this Will, I appoint RICHARD C. ERNEST, of 1365 Wild Rose Lane,
Lake Forest, Illinois 60045.
7.2.1 In the event that said Trustee is or becomes unwilling or unable to
serve, I appoint my daughter JOAN TURNER of 601 Kennedy Drive, Willard,
Ohio 44890, in his place.
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THIRD: In all other respects, I confirm and republish my Will
dated March 26, 1996. I signed this first codicil to my Will on
~~ ~ 6 - , 2002
MATI DA K. ERNEST
On the date last above written, we saw MATILDA K. ERNEST, in our
presence, sign the foregoing instrument at its end. She then declared it to be a
first Codicil to her Will and requested us to act as witnesses to it. We then, in her
presence and in the presence of each other, signed our names as attesting
witnesses, believing her at all times herein mentioned to be of sound mind and
emory and not acting under constraint of any kind.
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' 'tness Residing at
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Wi ness Residing at
3
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN )
We, ~~55 iCQ I~- Nei/a r~r~l and ~e~ ~/ ~ • ~" lefl ~ 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
the Testatrix sign and execute the instrument as a Codicil to her Last Will; that
the Testatrix signed willingly and executed it as her free and voluntary act for the
purposes therein expressed; that each subscribing witness in the hearing and sight
of the Testatrix signed the will as a witness; and that to the best of our knowledge
the Testatrix was at that time eighteen or more years of age, of sound mind and
under no constraint or undue influence.
fitness Wi ness
I, ~~~ f ~j}- ,~~_~~y~es~ estatrix 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 a codicil to my Last
Will; that I signed it willingly; and that I signed it as my free and voluntary act for
the purposes therein expressed.
~~~~~ ~
Testatrix
Subscribed and sworn to and acknowledged before me by
Z ~` . ~Yn ,the Testatrix, and subscribed and sworn to before
me by ,and ~~ ~~~ ~(. 0 ~ I~'"1 , witnesses, on
e'I--~ , 2002.
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JAN L B~ Nop~uy p~b~+y
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