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Home My WebLink About12-17-08Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Nina Thomas Bradbury No. also known as Nina T Bradbury Deceased Social Security No. 131-01-8957 PeGtionar(s), who is/are 1 B years of age or older, apply(ies) for: (COMPLETE "A" OR "B" BELOW:) A. Probate and Grant of Letters and aver that Petitioner(s) is/are the executrix n~~med in the Last Will of the Decedent, dated May 9 1983 and codicil(s) dated April 19, 2001 State relevant circumstances, e.g., renunciation, tleath 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 documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: [i B. Grant of Letters of Administration (d.b.n.c.t.a.: pendente life; durance absentia; dura me nunoritate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was ;survived by the following spouse (if any) . r... ar w r icu a. Name Relationshi Residence n c =-a ~~ °~, `'~ ~J ~T~ r z r'-' n _ m ?'-~ ~ _ ~ ~`~ ~ (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~ -_~ ~ '. j Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her lastfamily or principal residence at X70 S. Hanover Decedent, then 88 years of age, died November 6, 2008, at South Middletown Twg, Cumberland County, Pennsylvania (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property ................................................... $ 100,000.00 (If not domiciled in PA) Personal property in Pennsylvania ............................... $ (If not domiciled in PA) Personal property in County ..................................... $ Value of real estate in Pennsylvania ............................................................... $ Total ................................................................................. $ 100.000.00 Real Estate situated as follows: None 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: Si nature T ed or rinted name and residefnce ~, ~~~ Darcy Ellen Bradbury 1 Irving Place, Apt. #G9E New York, New York, 10003 Form RW-1 Page 1 of 2 (Cumberland County) -Rev. 9/92 Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representativel;s) of the Decedent, Petitioner(s) will well and truly administer the estate accordin law. `- e-a Sworn to and affirmed and subscribed ~ ~ Darcy Ellen adbury C of da hi ~ ~~ ' ~ ~ ~, n < ,~~ y s _ before me t ,_~ 20 ; ~; ~ ,J~ ~ - _~ ~ rU ~ No. Estate of Nina Thomas Bradbury a/k/a Nina T. Bradbury Deceased Social Security No: 131-01-8957 Date of Death: November 6 2008 AND NOW, ~~~ , 20 ~~ , in considleration of the Petition on the reverse side hereon, satisfac or proof having been presented before mE:, IT IS DECREED that Letters k?l Testamentary ^ of Administration d.b.n.c.t.; pendente lire; durance absentia durance minoritate are hereby granted to Darcy Ellen Bradbury in the above estate and that the instrument(s) dated Max 9, 1983 and April 19, 2001 i_ - described in the Petition be admitted to probate and filed of record as thle last Will of Decedent. FEES r Letters ........................... $o~ ~~. ~~ C ' 2 ~ ~~~ ~. ~~. ~~ Register of Wills ~~ ~ ~~- Short Certificate(s)...3....... $ Renunciation .................. $ Affidavit ( ) ................. $ Codicil .......................... $~ u./~ ~ JCP Fee ........................ $ It7. ~ Attorney: Steph nie Kleinfelter It~~er~torq. ~1,tt~ .......... $ cJ • C~ I.D. No: 80089 Other ............................ Address: Keefer Wood Allen & Rahal. LLP, 635 N. 12th Street, Suite 400 Lemoyne. PA 17043 TOTAL ................ $ a ~~ Telephone: 717-901-7786 Form RW-1 Page 2 of 2 (Cumberland County) -Rev. 9192 LOCAL REGISTRAR'S CERTIFICATION C)F DEATH V+dARNING: It is illegal to duplicate this copy by photostat or photograph. Fcc Icyr !hiti certifialte- 5(y.O(1 _ _P 149:985.8___ Certil~icati~yn titui)ber /I~'"~~~ ~~~P~~H OF Pf~ti f/ y '~~ * .- ? `~ 9jME -- ~.,.. NT oF`~``~~ 1 ..rrir. "i'hi~ is to certil`~ that Ihr intiyrmation here ~ir,~cn is rl~rreetly rfy}~ie(1 lrt~m an uri~~inal Certificate of Death L1ul~ f~ilcd wi(h me rt, i.clcal lle;rl~trar. The uri~inal ~e)t)!)cate will t~~c C1~rwarSec1 to the St~lte Vital l~ccc);LI~ Uftice fOr I;ermane~nt filinv. ~~~ K~~, ~vo 12008 Luau Re~~isu-ar DuTe l~~~ued C7 r~.~ c`' ° C D c~ ,~~-sin _ _; f ~- ,~ ~~ _ -.,t , _i~ lC~ i ;_ -~ -. )(- +• N iV O ~H10.5-143 REV 112006 TYPE / PRIM IN PERMANENT BLACK INK 0 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverse) STATE FILE NUMBER t. Name of Decedent (Rrsl, middle, WsL soma) 2. Sex 3. Soda Security Number 4. Date of DeaN (Maah, day, Year) N' T B F 131 - O1 - 8 5. Age (Leal BiMdey) Under 1 year Untler 1 tley 6. Date of BiM jMOnth, day, year) 7. &rNplecw (City erld stela a brei coudry) fie. Plata of Death (Check onty one) ~~ t~ N~xa N~~ ~ Carcli f , South Wales rbspiml: Other $8 Yn. 4/14/1920 United Kin dCSTl [}~Inpetient ^ER /Outpefient ^DOA ^NUreing Hama ^Residence ^Other-Spedly: Bb. Canty of Death &. City. Bono, Twp. of Dsath Btl. Facility Neme (II Trot iaNNlion, give seeet antl ambert 9. Wes Decedent d Hispanic Origin?~` No ^ Yes 10. Race: Amencen Indian, Black, Whim, etc. (N yes, specify Cuban, (SpecrM Cumberland South Middleton Twp Carlisle Regional Medical Center Mexkan, Puedo Rkan, etc.) White 11. Deceden's Usual Occu fm (Kind a work d one tl most of INa. Do al stale re&ed 12. Was Decedent ever in Ne 13. Decedent's Educefion (Speclty only highest gratle amp mtetl) 14. Madlel !iatus: Married, Never Marred, 15. Surviving Spo use (N wile, give maiden name) Kind d Work Kira a Business I Industry U.S. Armed Forces? Elemenmry /Secondary (0.12) Cdlege (1 d or 5+) Widowed, Divorced (Specify er/Director De ef ' old CcanT)ons SCh00 ^Yea ~Np 5+ Widaa - 16. DecedanYS Maiing Atldess (Brest, city /town, smte, zip code) Decetlenl's Ditl Decedent PA live m a 17c Decedent Livetl In Twp ^ Yes A l R il 17 Sl t 770 S. Hanover $t., . . , ctua es ence a. a e Township? rlisle, PA 17013 pd. No, Decetlanl llvee wlNm 176.Canry Cumberland ~ Ac1uel Dmilsd Carlisle Gty, BOm 18. FeNefs Name (Fist, middle, msL suffix) 19. Mother's Name (Flrst middle, maiden sumemej Herbert John Thanes Gertrude Buller zba. Nroarenrs Name (Type /Prig) zm. Inrormem'a Mauirlq Atldress (streaL city /town. dam, zip cme) Kendra Spurgeon 1776 Rockled Dr., Carlisle, PA 17015 21 a. Method d Disposition j [~remakon ^ Donation 21 b. Dam of Diaposldon (Monet, tley, rear) 21 c. Place a Disposition (Name of cemetery, crematory or omxr pacel ltd. Location (cih /town, slate, zN coda) ^ Burial ^ Remwel horn Smm i Wes Cnmxtlon a Donetlon Authorized ^ oNer-svedh : byuetllcrEamar~rlcemn.r? Qvea^Np 11 8 2008 Evans Cremation Services Leola PA 22a. $gneture d Funeral (ar person 22b. License Number 22c. Name eM Atltlreas of Fadfily - FD 0126 L Stain Br th I PA e Hems 23ec anty when ceNty+rlg pnyadanisnaaaamaellkredmamto 238. To beat o eN ocartetl a 6ma, date place 'nature antl tills) 23b. Licnense Number p ( / _L ~~ ~ ~ 23c. Dam Signed (MOdh, day, year) (~ /!/~rv / ~~'Y cen'ty nano d tleesl. ~ /) ~ % 0?' 0 ~o Noma 24.26 m16t be complaetl by person 24. Imo 26. Date Prang Dead (Math, tley, year) 26. Was Gese Felened to Medical Examiner /Coroner far a Reason Other Nan Cremation or Donation? x4a pranaxxea tlcetll. l ~ ~ ~ ~ ~M. (~ V. 2 Q Q ^ Yes ~No CAUSE OF DEATH (See inahuctlona and examples) , Appmzimete interval: Pen II: Emer aNm ~ficed condllana contraufina to tleah. 28. Did Tobacce Uae ConNbute m Death? Hem 27. Pen I: Emm the drain d serene -a eases, iryuaes, ar compAcalom -the drectty caused Na tleeN. DO NOT enter mmArel even6 such as cardiac avast, Onsa ro Death Da ml resuNirg in the uMedyirg souse given m Part I. ^ Yes ^ Probabty reapirelay arrest. a vsntdculer fbdfiallop wNhal showirg Ne etlobgy. List oMy one ceuseyn each lire. f r No ^ lMAnown /,/Y 110AEdATE CAUSE IFnal d'eease or l / ~ ~ 29. If Female: , _' ,r ~ w mridfion readtmg in N) _' a ' //`V/ a(N~' WU ate' '-'! '~~~` ~~%V N nt Nhh t T Due to (or a a consequence d): i ymr d pregna w ~ Fas ^ Pregnant al time d tleaN ~ ~ ~~ d am n t Iaadrlq to Iha pua6lbtad on ins a. DJe to (or as a NnsegUarlCe of B UTAEflLY NG CAUSE )~ E ^ NDI pregnant, Od pregnant WNhin 42 tlays nW Ie I (sfiseaze or ipur Thal ii eared aw c m d a lw M LASL of deaN even rew g ea ) D.m to for as a ansequence op: ^ Nd pregnant, but pregmn143 days to 1 year belae tleaN tl. _ ^ Unkmwm if pregnnt wi1Nn Uw peat year 30a. Was en Autopsy 30b. Ware Auopsy Firbirgs 31. Mannar d Death 32a. Date d Irrjury (MOnN, day, year) 32b. Describe How Injury Occurted 32c. Platy of Injury: Hone, Farm, SIree4 FacWry, PedorrtM? Avalade Prior to Ccmpletian d Calve d Deaths ~Nemrel ^ Hornicida Office BuNtlblq, etc (Specify) ^ Yes ~NO ^ Yes ^ No ^ Acdtlenl ^ Pendng Inveslyeaon 32tl. T e al Iryury 32e. Inlury at Work? 32f. If Tmnspodetion InN7 (SPc'r'~h) 329. Location d Inlury (Street, cdy I town, slate) ^ Sddde ^-Count Nd be Determined ^ Yes ^ No ^ Drwar I Opemla ^ Passenger ^Pedeatden M ^Other -Specify: 33a. Cartimar (dletlc mN one) 33b. SigraN ~ Tme of rev v ' Certllyip physkhn IPnysican certifying cause d deeN when andher physician has prorlmxced deaN ant canpmlM Nem 231 iv/ / ~ - To the beet of mY irmMedma, slaty OCnmM tltw to dr ceucels)and manna as statast________________________________ 6 ti~ • Pronotuw.inp arM cerlitying phyekmn (Physkan iwN prmpMldlg deaN end cetlilymg to rouse of deeN) To rate best of my IaawMtlg•, tleelh ocametl N the Nme, dam, antl place, and tlue to 1M ealae(s) and manrkr as emted_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ • Metlksl Fsaminer I Coroner 33c. Licence umbra ,i /V % ~ U ~Z r ~~. 33d. Date Sigw Momh, d '~, year) l / L'C/ On Ihs beats of ezaminadon and / or invesligagon, in my opinbn, demh acurrM a the Hme, date, and place, arW tlue to tM cause(s) antl manner sa amted_ ^ f Person Who Gxnplemd Cause of Death (Item 27) Type Print 3 M Adtlress o ~ ' f f~i 36. Re9islrar s Signs . Olstrct Number ~~ I~ I I I ~ I 1 I b I .Dale Filed (Monty, day, ye ~ '- / ({ / ~~ /3 ~ ~ ~ ` ~ . - . ~ t?~ /v t--a~-~ }- z !~ I Disposition Permit Nc. ~ l.l~k~ ~ {, ~ t INDE% r Article One - Declarations Concerning Family and Property Disposed of by this Will 1.1 Family 1.2 Property Article Two - Appointment of Fiduciaries 2.1 Executor 2.2 Trustee Article Three - Payment of Expenses Article Four - Gifts of Property 4.1 Gift of Personal Effects 4.2 Gift to Barnard College r Article Five - Disposition of Residue of Estate 5.1 Division of Trust Estate 5.2 Payments of Income to Spouse 5.3 Discretionary Payments of Principal to Spouse 5.4 Spouse's Power to Appoint Marital Trust 5.5 Distribution of Residual Trust Upon Spouse's Death 5.6 Disposition of Trust Estate Upon. Prior Death of All Beneficiaries Article Six - Trust Administration 6.1 Guides to Invasion of Principal 6.2 Segregation of Assets; Undivided Common Interests; Transactions 6.3 Spendthrift Provision 6.4 Trust's Termination 6.5 Illegal Accumulation 6.6 Payments to Other Than Beneficiary 6.7 Family Allowance; Income During Probate 6.8 Duty to Inquire 6.9 Distribution of Trust if Uneconomical Administration 6.10 Distribution upon Exercise of Power of Appointment 6.11 Distributions from Employee Benefit Plans 6.12 Definition Article Seven - General Trustee Provisions 7.1 No Bond 7.2 Successor Trustee 7.3 Resignation of Trustee 7.4 Vacancy 7.5 Removal of Corporate Trustee 7.6 Notice to Trustee of Births, Etc. 7.7 Annual Accounting 7.8 Custody of Assets 7.9 Actions by Co-Trustees -1- n c:_ ;~ :~ ~',~~~ ~+ ~~ .:-' . -, --, --i Page Article Eight - Powers of Trustee lg 8.1 Retention of Trust Property lg 8.2 Invest and Reinvest lg 8.3 Management of Trust Businesses lg 8.4 Manage and Control 19 8.5 Loans 20 8.6 Securities 21 8.7 Insurance 22 8.8 Nominee Name 24 8.9 Professional Assistance 24 8.10 Divisions and Distributions 25 8.11 Tax Elections 26 8.12 Bonds; Premium Amortization 26 8.13 Bank Accounts 26 8.14 Principal and Income 26 8.15 General Powers 27 Article Nine - Estate Administration 27 9.1 Executor Powers 27 a. Sales 27 b. Distribution 28 c. Adjustments 28 d. Tax Elections 28 e. Valuation Date Selection 2g f. Investments 29 g. Operation of Business 29 h. Successor Executors 29 9.2 Successor Executor's Responsibility 30 9.3 No Bond 30 Article Ten - Miscellaneous Provisions 30 10.1 No Contest 30 10.2 Payment of Taxes 30 10.3 Gifts to Minors 31 10.4 Limitation of Fiduciary Powers 32 10.5 Miscellaneous 32 -ii- 1 WILL 2 of 3 NINA THOMAS BRADBURY 4 5 I, NINA THOMAS BRADBURY, a resident of Sacramento County, 6 California, declare that this is my Will. I revoke all Wills 7 and Codicils that I have previously made. 8 ARTICLE ONE 9 DECLARATIONS CONCERNING FAMILY AND PROPERTY DISPOSED OF BY THIS WILL 10 1.1 Family. I am married to ROB]~RT BRADBURY, and any 11 reference in this Will to "my spouse" is to him. There are 12 four (4) children of our marriage now living; namely, ELISABETH 13 BRADBURY MOWAT, born June 19, 1944; JU~~ITH ANNE HODGE, born 14 December 1, 1945; KENDRA NINA SPURGEON, born April 13, 1949; 15 and DARCY ELLEN BRADBURY, born March 13, 1957. There are no 16 children of our marriage who are now deceased. 17 1.2 Property. I confirm to my spouse, my spouse's inter- 18 est in our community property. I intend by this Will to dis- 19 pose of all of my separate property and my one-half (1/2) in- 20 terest in our community property. I do not exercise any testa- 21 mentary power of appointment that I may rave at the time of my 22 death. 23 ARTICLE TWO 24 APPOINTMENT OF FIDUCIAR]CES 25 - 26 2.1 Executor. I appoint my spou:~e as Executor of my Will. If my spouse shall for any reason fail to qualify or 27 cease to act, I appoint my daughter, DAF:CY ELLEN BRADBURY, of 28 New York City, New York, as successor Executor of my Will. 29 2.2 Trustee. I appoint my daughter, DARCY ELLEN 30 BRADBURY, of New York City, New York, a~~ Trustee of my Trust 31 32 Estate provided my daughter, DARCY ELLEN ]BRADBURY, survives me. If my daughter, DARCY ELLEN BRADBURY, shall fail to qualify or • • • • • • • • 1 cease to act, I appoint my brother, IVO3t FREDERICK THOMAS, of 2 San Diego, California, as successor Tru:~tee. If my brother, 3 IVOR FREDERICK THOMAS, shall fail to qualify or cea se to act, I 4 appoint my daughter, ELISABETH BRADBUR:~ MOWAT, of Raleigh, 5 North Carolina, as successor Trustee. 6 ARTICLE THREE ~ PAYMENT OF EXPENSES 8 I hereby direct my Executor to pa;y all of my funeral, 9 testamentary and other expenses as soon after my de cea se as may 10 be practicable. I1 ARTICLE FOUR 12 GIFTS OF PROPERTY 13 4.1 Gift of Personal Effects. I give all of my jewelry, 14 art objects, clothing, household furnii:ure and fur nishings, 15 personal automobile and other tangible articles of personal 16 nature, or my interest in any such property not otherwise 1~ specifically disposed of by this Will or in any other manner, 18 together with any insurance on such pro~~erty existing at the 19 time of my death, to my spouse if my spouse survives me for One 20 Hundred Eighty (180) days. If my spouse' does not survive me 21 for One Hundred Eighty (180) days, I give such property, to- 22 gether with any insurance then existing, ito such of my children 23 as survive me for One Hundred Eighty (180) days, in equal 24 shares. Such property shall be divided among my children by my 25 Executor in as nearly equal shares as my Executor in his or her 26 absolute discretion shall deem practicab:e, having due regard 27 for the personal preferences of my children. If neither my 28 spouse nor any of my children survive me :E or One Hundred Eighty 29 (180) days, this gif t shall lapse and :ohall be added to the 30 residue of my estate. 31 a. All costs of packing, shiF~ping and insuring the 32 shipment of my personal effects to any t-eneficiary under this -2- 1 2 3 4 5 6 7 8 9 ~ f ~ ~ ~ ~ Paragraph 4.1, where shipment of such F~roperty is necessary, shall be charged to the residue of my estaite. 4.2 Gift to Barnard College. If m~~ spouse does not sur- wive me, I give to BARNARD COLLEGE, COLUMBIA UNIVERSITY, of New York City, New York, any proceeds remaining in DEERFIELD COMMONS, INC. , a California non-profit corporation, after the payment of all debts and obligations of said DEERFIELD COMMONS, INC., including any and all debts and obligations owed to my estate. lO ARTICLE FIVE 11 DISPOSITION OF RESIDUE OF ESTATE 12 If my spouse shall have predeceased me, I give the residue 13 of my estate to the trustee under the Will of my spouse to be 14 added to the trust property and held andl distributed with the 15 terms of that agreement and any amendments made pursuant to its 16 terms before my death or, if the trust is not in existence, 17 then the residue of my estate shall be disposed of as if my 18 spouse had survived me. 19 If my spouse survives me, I give the residue of my estate, 20 all of which is herein called the "Trust Estate", in trust, to 21 the Trustee named herein, to be held, administered and distri- 22 buted as follows: 23 5.1 Division of Trust Estate. If my spouse survives me, 24 I direct my Trustee to divide the Trust estate, including, but 25 not limited to, the proceeds of any life insurance policies on 26 my life payable to my estate, into two (2) parts, each of which 27 shall be a separate trust, designated ass the "Marital Trust" 28 and the "Residual Trust," respectively. Each of such trusts 29 shall be held, administered and distributed as hereinafter 30 provided. For the purpose of such division, the residue of my 31 estate shall be considered as undiminished by any estate, in- 32 heritance, or succession taxes paid or t:o be paid. Instead, -3- 1 all such taxes shall be payable in tYie manner provided in 2 ARTICLE TEN below. If my spouse and I should die simultane- 3 ously, or under such circumstances as to render it difficult or 4 impossible to determine which of us died first, it shall be 5 presumed that I predeceased my spouse for purposes of this 6 ARTICLE FIVE. 7 a. The Marital Trust shall consist of that amount g of the Trust Estate as shall equal the maximum marital deduc- 9 tion allowable in my estate for federal estate tax purposes, 10 reduced by the final federal estate tai; values of all other 11 property interests that pass or have pas:red to my spouse under 12 other provisions of this Will or otherwise, and that qualify 13 for the marital deduction; provided, however, that if after 14 taking into account all other allowed deductions and credits in 15 my estate for federal estate tax purposes, such maximum marital 16 deduction amount is in excess of that rec~uired to result in no 17 federal estate tax being due with respe~~t to my estate, then 18 the amount which shall be allocated to ttie Marital Trust under 19 this Paragraph 5.1 a. shall be reduced to the minimum amount of 20 such marital deduction which would resu:Lt in a value for my 21 taxable estate on which there will be ~zo federal estate tax 22 payable, after taking into account the am~~unt of all other such 23 gifts to my spouse qualifying for the marital deduction and all 24 other available deductions and credits against the federal 25 estate tax. This amount, as finally determined above, may be 26 satisfied in cash or in kind, or partly in each, with assets 27 eligible for the marital deduction; pr~~vided, however, that 28 assets alloca ted in kind shall be deemed ito satisfy this amount 29 on the basis of their values at the date or dates of distribu- 30 tion to the M arital Trust. 31 b. The Residual Trust shall consist of the balance 32~~ of the Trust Estate. -4- ~ ~ ~ ~ ~ ~ ~ ~ 1 5.2 Payments of Income to Spouse. The Trustee shall pay 2 to or apply for the benefit of my spouse during my spouse's 3 lifetime, monthly or at other convenient intervals, but in no 4 event less frequently than quarter-annual:Ly, the entire net in- s come of both the Marital Trust and the Re~~idual Trust. 6 5.3 Discretionary Payments of Principal to Spouse. If the Trustee shall deem such income payments to be insufficient, 8 the Trustee shall, from time to time, pay to or apply for the 9 benefit of my spouse such sums out of principal as the Trustee 10 in the Trustee's discretion shall deem necessary for my 11 spouse's proper support, care and maintenance, after taking in- 12 to consideration, to the extent the Trustee deems advisable, my 13 spouse's other income or resources, outside the Trust Estate, 14 known to the Trustee and reasonably available for these 15 purposes. Such payments out of principal shall be made first 16 out of the Marital Trust until it is exhausted, and thereafter l~ out of the Residual Trust, except that a:Ll or any part of such 18 payments may be made from the Residual Trust, without exhaust- 19 ing the Marital Trust, if for any reason the Trustee shall deem 20 this advisable. 21 5.4 Spouse's Power to Appoint Maritail Trust. 22 a. During my spouse's lifetime, the Trustee shall 23 distribute so much of the Marital Trust, up to the whole there- 24 of, to such one or more persons or entities, including my 25 spouse and the creditors of my spouse, .and on such terms and 26 conditions, either outright or in trust:, as my spouse shall 27 appoint from time to time by a written instrument delivered to 28 the Trustee. 29 b. On the death of my spou:~e, the Trustee shall 30 distribute the balance then remaining, if any, of the Marital 31 Trust, including both principal and any accrued or undistri- 32 buted income, to such one or more persons or entities, - 5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~ ~ ~ ~ ~ ~ including my spouse's own estate, and on such terms and condi- tions, either outright or in trust, as m~~ spouse shall appoint by will specifically referring to and e:Kercising this general power of appointment. Any of the Marital Trust not effectively appointed by my spouse in this manner ;hall be added to the Residual Trust, to follow the disposition thereof in all res- pects as hereinafter provided; however, t;he Trustee may, in the Trustee's discretion, first pay out of the Marital Trust not so appointed, my spouse's last illness and funeral expenses, attorney's fees and other costs incurred in administering my spouse's probate estate, other obligations incurred for my spouse's support, and any estate or inheritance taxes (includ- ing interest and penalties) occasioned try my spouse's death. The Trustee may purchase real or personal property from and may make loans or advancements to the personal representative of my spouse's estate, which loans or advancements shall bear reason- able interest, unless waived by the Trustee, and which may be secured or unsecured, in my Trustee's discretion. The Trustee shall not be liable for any loss resulting by reason of the exercise of this discretion or waiver of interest. 5.5 Distribution of Residual Trust Upon Spouse's Death. On the death of my spouse, if my spouse survives me as provided above, or on my death if my spouse does not survive me leaving a trust in existence as provided above, tY.~e Trustee shall hold, administer and distribute the Residual Trust, as then consti- tuted, or the entire Trust Estate, as the case may be, as follows: a. The Trustee shall divide t:he Trust Estate into as many equal shares as there are children of mine then living and children of mine then deceased survived by issue then liv- ing. ///' -6- ~ w ~ ~ ~ ~ ~ 1 b. Each share allocated to a~ living child of mine 2 shall be distributed, free of trust, to said child; provided, 3 however, that if any child of mine is indebted to me at the 4 time of my death, said amount of indebtedness shall be dis- 5 charged by applying the amount of the indebtedness against said 6 child's proportionate share of the Trust Estate prior to dis- 7 tribution. 8 c. The share allocated to my daughter, JUDITH ANNE 9 HODGE, or the issue of my daughter, JUDITH ANNE HODGE, if my 10 daughter, JUDITH ANNE HODGE, predeceases me, shall be held, 11 administered and distributed by the Trustee as follows: 12 i. If my daughter, JUDITI:i ANNE HODGE, survives 13 me for One Hundred Eighty (180) days, the share allocated to my 14 daughter, JUDITH ANNE HODGE, shall be distributed to her, free 15 of trust. 16 ii. If my daughter, JUDI'.PH ANNE HODGE, prede- 17 ceases me or does not survive me for Ones Hundred Eighty (180) 18 days, the share of the Trust Estate allocated to my daughter, 19 JUDITH ANNE HODGE, shall be placed in trust for the benefit of 20 her then living issue and shall be held, administered and dis- 21 tributed by the Special Trustee as follows: 22 (1) The Special Tru:~tee shall accumulate 23 all of the net income of the trust and a~~d it to the principal 24 thereof until my youngest then living grandchild, composed of 25 the group of the living issue of my deceased daughter, JUDITH 26 ANNE HODGE, attains age twenty-one (21). 27 (2) When my youngest grandchild, composed 28 of the group of the living issue of my deceased daughter, 29 JUDITH ANNE HODGE, reaches the age of twenty-one (21), the 30 Special Trustee shall distribute the balance of the trust to my 31 grandchildren, composed of the group of the living issue of my 32 ~~~ -7- ~ ~ ~ ~ ~ ~ 1 2 deceased daughter, JUDITH ANNE HODGE, share and share alike, free of trust. 3 I hereby appoint my daughter, DARCY ELLEN 4 BRADBURY, as Special Trus tee of the trust for the group com- 5 posed of the living issue of my deceased daughter, JUDITH ANNE 6 HODGE. If my daughter, DARCY ELLEN BRADBURY, shall fail to qualify or cease to act, I appoint my daughter, KENDRA NINA g SPURGEON, as Special Trustee of the tru:~t for the group com- 9 posed of the living issue of my decea sed daughter, JUDITH ANNE 10 ~ ~ HODGE . 11 d. Each share allocated to a group composed of the 12 living issue of a deceased child of mines shall be distributed 13 to such issue, by right of representation, free of trust, ex- 14 cept as provided in Paragraph 5.5 c. above. 15 5.6 Disposition of Trust Estate U ion Prior Death of All 16 Beneficiaries. If at the time of my death, or at any later 1~ time before full distribution of the Trust Estate, my spouse lg and all of my issue are deceased and no other disposition of lg the Trust Estate is directed by this :instrument, the Trust 20 Estate, or the portion of it then remaini~zg, shall thereupon be 21 distributed in two (2) equal shares; one (1) share to those 22 persons who would then be my heirs and the other share to those 23 persons who would then be my spouse's heirs, their identities 24 and respective shares to be determined a:~ though my death had 25 then occurred and according to the laws of the State of Cali- 26 fornia in effect at the date of execution of this instrument. 27 ARTICLE SIX 2$ TRUST ADMINISTRATION 29 6.1 Guides to Invasion of Princi al. As a guide to the 30 Trustee in the exercise of his or her discretion to pay to or 31 apply for the benefit of any beneficiary hereunder the income 32 /// -8- ~ ~ ~ ~ ~ ~ 1 2 3 4 5 6 7 or principal of the Trust Estate, it is my intention that such discretion be exercised so that: a. My spouse's welfare is at all times of paramount concern. In this connection, I further desire that any such discretion of the Trustee be exercised without regard to the extent to which any distribution or application of income or principal may result in depletion of the Trust Estate, or of 8 the respective shares of the beneficiaries hereunder, it being 9 my desire that at all times the lifetime and immediate needs of 10 my beneficiaries take preference over the husbanding of princi- 11 pal. However, if some of such needs could, in the discretion 12 of the Trustee, be provided for any of said beneficiaries by 13 himself, then my Trustee shall exercise lais discretion accord- 14 ingly. 15 b. Medical attention and psi-chological counseling 16 of the highest quality be available to an~~ given said benefici- 17 aries, including orthodontia, psychothera~~y or other corrective 18 procedures necessary or desirable to allow them to enjoy useful 19 and productive lives. 20 6.2 Segregation of Assets; Undivic9ed Common Interests; 21 Transactions. There need be no physical segregation or divi- 22 sion of the various trusts created herein except as segregation 23 or division may be required by the termi~zation of any of such 24 trusts, but the Trustee shall keep separate accounts for the 25 different individual interets in such trusts. In this connec- 26 tion, the Trustee may, in the Trustee's discretion, invest 27 and/or hold all or any of the assets of two (2) or more such 28 trusts in a manner so that each such trust shall own an un- 29 divided common interest therein. In addition, the Trustee may, 30 in the Trustee's discretion, effect trainsactions between or 31 among the various trusts, my probate e;atate or that of my 32 ~~/ -9- 1 2 3 4 5 6 8 ~ ~ ~ ~ ~ ~ spouse, including, but not limited to, sales, exchanges and loans of property. 6.3 Spendthrift Provision. No beneficiary of the Trust Estate shall have any right, power oar authority to sell, assign, pledge, mortgage or in any other manner to encumber, alienate or impair all or any part of such beneficiary's in- terest in the Trust Estate or in the principal or income there- of. The beneficial or legal interest income as well as the 9 principal and income of the Trust Estate and every part of it 10 shall be free from the interference or control of any creditor 11 or any beneficiary of the Trust Estate and shall not be subject 12 to the claims of any such creditor nor :Liable for attachment, 13 execution, bankruptcy or other process of law. The principal 14 and income of the Trust Estate shall be ~~aid over to the bene- 15 ficiary or beneficiaries in person, or, in the event of the 16 minority or incompetency of any such beneficiary, to the 1~ guardian or other personal representative of the person of that 18 beneficiary, or to or for the benefit of that beneficiary, in 19 such manner as the Trustee, in the Trustee's discretion, deems 20 most advisable at that time and in the manner provided by the 21 terms of the Trust Estate, and not upon any written or oral 22 order nor upon attachment or transfer by •the beneficiary nor by 23 operation of law. 24 6.4 Trust's Termination. Unless so~~ner terminated in ac- 25 cordance with other provisions of this tiJill, the trust under 26 this Will shall terminate twenty-one (21) years after the death 27 of the last survivor of my spouse and m:~ issue living at the 28 time of my death. All principal and undistributed income of 29 any trust so terminated shall thereupon be distributed to the 30 beneficiaries of such trust in the prop~~rtions in which they 31 are, at the time of termination, entitled to receive income. 32 However, if the rights to income are not then fixed by the -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 • A • • ~ ~ terms of such trust, distribution under this Paragraph 6.4 shall be made, by right of representation, to such issue of mine as are then entitled or authorized to receive income pay- ments, or, if there are no such issue of mine, in equal shares to those beneficiaries who are then entiLtled or authorized to receive income payments. 6.5 Illegal Accumulation. If arty direction for the accumulation of income of any trust or share hereunder shall be held to be void, then notwithstanding anything herein to the contrary, the income so illegally or improperly directed to be accumulated shall be paid to the beneficiary for whose benefit the affected trust or share is then held. 6.6 Payments to Other Than Beneficial. In the event any payment or distribution is directed or ,authorized to be made hereunder to a beneficiary who is then under age eighteen (18), or whose mental or physical health is then such that in the sole opinion of the Trustee the interests of such beneficiary 18 may be served by providing disbursement or distribution on be- 19 half of such beneficiary through other channels, in whole or in 20 part, other than directly to such beneficiary, the Trustee may 21 make such payment or distribution, from time to time, in either 22 one or both of the following ways: 23 a. To the legal representativE~ of such beneficiary; 24 or 25 b. By the Trustee expending ~~r using the same for 26 such beneficiary in accordance with the terms hereof. 27 A receipt for any such payment or distribution made pursu- 28 ant to Paragraph 6.6 a. above from any such recipient shall be 29 a complete discharge of the Trustee, who shall not be required 30 to see to the application of any money so paid. 31 6.7 Family Allowance; Income Duritzg Probate. To the 32 extent of any family allowance received by any beneficiary of -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~ ~ ~ ~ ~ ~ the Trust Estate, income earned during probate administration that the recipient of such family allowance might otherwise be entitled to receive from the trust created herein shall become part of the principal thereof. Otherwise, income accrued or paid on trust property upon the close of probate administration shall be treated as any other income. Income accrued or undis- tributed by the Trustee at the termination of the trust created hereunder shall go to the next beneficiaries of the trust in proportion to their interests therein. ,Among successive bene- ficiaries of the trust, all taxes and other current expenses shall be deemed to have been paid and ch~~rged to the period in which they became due and payable. 6.8 Duty to Inquire. No party entering into any transac- tion of any kind whatsoever with the Trustee with respect to the trust created herein shall be under any duty, obligation or liability to inquire into the authority o:E the Trustee to enter into such transaction or into the manner in which the Trustee might dispose of the consideration received by the Trustee in connection with such transaction. 6.9 Distribution of Trust if Uneconomical Administration. Notwithstanding any provision of this Will to the contrary, if at any time the trust being administered for any income bene- ficiary or group of income beneficiaries has such fair market value as to make continued administratio~z of the trust uneco- nomical as determined by the Trustee in ttie Trustee's sole dis- cretion, the Trustee may pay the entire balance of such trust to the person or persons then entitled to the income therefrom, in proportion to their interests therein„ or to the guardian, parent, person or institution having custody of such person, or in the case of a minor, to deposit the same into a savings account in the name of such minor, payab]Le to such minor upon attaining the age of eighteen (18) years. If the right to -12- M ~ ~ ~ ~ ~ ~ ~ 1 income is not fixed at the time the Trustee determines that the 2 continued administration of the trust would be uneconomical, 3 distribution under this Paragraph 6.9 shall be made, by right 4 of representation, to such issue of mines as are then entitled 5 or authorized in the Trustee's discretion to receive income 6 payments, or, if there are no such issue of mine, in equal 7 shares to those beneficiaries who are then entitled or author- 8 ized to receive income payments. Distribution of the Trust 9 Estate under this provision to my spou:~e shall be made only 10 upon action of all then qualified and acting Trustees other 11 than my spouse; if there are no such other qualified and acting 12 Trustees at such time, such distribution shall be made upon 13 action of the next Trustee in line of ;succession as provided 14 herein, who shall act as Special Trustee for this purpose only. 15 If no such individual can qualify as such Special Trustee, then 16 distribution of the Trust Estate hereunder shall be made only 17 to my issue, by right of representation,, or, if there are no 18 such issue, to the then living remainderme~n of such trust. 19 6.10 Distribution upon Exercise of Power of Appointment. 20 The Trustee shall not be required to distribute any portion of 21 the Trust Estate subject to a testamentary power of appointment 22 until all state and federal inheritance a~zd estate taxes attri- 23 butable to the exercise or nonexercise of such power of 24 appointment have been paid and adequate proof of payment has 25 been delivered to the Trustee. The Trustee may deliver the 26 portion of the Trust Estate subject to s~zch testamentary power 27 of appointment prior to payment in full of such taxes, but in 28 such event the Trustee may withhold a sufficient reserve for 29 the payment of such taxes or may first rE~quire adequate secur- 30 ity for the payment thereof to be delivered to the Trustee by 31 the person to whom such property is distributable. The amount 32 and nature of any such reserve or security shall be determined -13- • 1 2 3 4 5 6 7 8 9 10 11 12 s • • by the Trustee, in the Trustee's sole discretion. The Trustee shall incur no liability to any beneficiary of this Will, nor to any other individual or entity, whether in being or not, if: (i) the Trustee shall distribute the property subject to such power of appointment in accordance with any will of the holder of such power of appointment admitted to probate within ninety (90) days following the death of such holder, which will exer- cise such power, or (ii) if the Trustee shall distribute such property to the takers in default of exercise of such power of appointment if such will shall not be admitted to probate with- in said ninety (90) days or if such will fails to exercise such power. 13 6.11 Distributions from Employee Ber.~efit Plans. Notwith- 14 standing any provision of this Will to tl~e contrary, the Trus- 15 tee of the Trust Estate is prohibited from expending for the 16 benefit of my estate any property, whetr~er cash or otherwise, 17 that the Trustee might receive in his capacity as Trustee of 18 the Trust Estate, from any pension, stock bonus or profit shar- 19 ing plan which meets the requirements of Section 401(a) of the 20 Internal Revenue Code, as amended from time to time. 21 22 23 24 25 26 27 28 29 30 31 321 6.12 Definition. Each reference in this Will: a. To the children or issue of any person, includ- s ing the Testator, refers only to the lawful issue and lawfully) adopted children of such person, including, unless specifically excluded, any children born or adopted afi:er the date of execu- tion of this Will. ARTICLE SEVEN GENERAL TRUSTEE PROVISIONS 7.1 No Bond. No bond shall be required of any person named as Trustee in this Will, whether acting jointly or severally in the performance of duties a:> a Trustee hereunder, //,/ -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21'' 22 23 24 25 26 27 28 29 30 31 32 ~ ~ ~ r ~ ~ and whether any person named as Co-Trustee with such person shall be qualified and acting. 7.2 Successor Trustee. No successor Trustee or Co- Trustee shall be liable or responsible for any losses or expenses resulting from or occasioned by anything done or neglected to be done in the administration of the trust created herein prior to the date of acceptance ~~f appointment of such Trustee. Moreover, no successor Trustee or Co-Trustee shall be charged with the responsibility for examining or looking into the actions of any predecessor hereunder. 7.3 Resignation of Trustee. Any 'trustee may resign at any time by giving thirty (30) days' wrii:ten notice to all the qualified and acting Trustees, or, if there are none, to all of the adult, competent income beneficiariE~s and the guardians, conservators or other personal represent~~tives of all incompe- tent or minor income beneficiaries of all trusts created herein at the last known address of such beneficiaries or legal repre- sentatives thereof. Any such resigned ~~rustee shall be dis- charged from all further liability upon the approval of such resigned Trustee's final report and account. 7.4 Vacancy. In the event any '.Prustee or Co-Trustee hereunder fails to qualify or ceases to act for any reason whatsoever, and if there is no provi:~ion herein for such eventuality, then a majority of the remaining qualified and acting Co-Trustees or, if only one Trustee is then qualified and acting, said qualified and acting Trustee shall fill such vacancy by either appointing a new Trustee or Co-Trustee or by petitioning such Court that shall have jurisdiction over this instrument for the appointment of a new Trustee. If there shall be no other qualified and acting ~Prustee, said vacancy shall be filled in the manner specified above by a majority of the class composed of the adult, competent: income beneficiaries -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~ ~ ~ ~ ~ ~ and the guardians, conservators and personal representatives of all incompetent adult or minor income beneficiaries of the trust in which the vacancy occurs. If a corporate Trustee shall fail to qualify or cease to act, i:he vacancy so arising shall be filled only by another corporation, bank or trust com- pany authorized to do business as a corporate fiduciary and having assets of no less than Fifty Million Dollars ($50,000,000). 7.5 Removal of Corporate Trustee. Any corporate Trustee or Co-Trustee of the trust hereunder may be removed and a new corporate Trustee authorized to do business as a corporate fiduciary and having assets of no less t~~an Fifty Million Dol- lars ($50,000,000) may be appointed by a majority in percentage interest of all income beneficiaries of such trust, or if rights to income have not been fixed, by a majority in number of all permissible income beneficiaries of such trust. The guardian, conservator or other personal representative of any adult or minor income beneficiary may exercise the power granted to such income beneficiary in thi:~ Paragraph 7.5. When the removed corporate Trustee or Co-Trustee has received notice of its removal and has been notified in writing by its succes- sor of the latter's acceptance of appointment, the removed cor- porate Trustee shall forth with surrender to the remaining Co- Trustee or Co-Trustees, if any, or to the successor corporate Trustee, as the case may be, all books, records and assets in possession of the removed corporate Trustee and comprising all or a portion of the affected trust or :relating thereto, and shall be discharged of all further liability upon rendering his final report and account in the manner specified herein. 7.6 Notice to Trustee of Births, Etc. Until the Trustee shall receive written notice of any birt~l, marriage, death or other event upon which the right to payments from the Trust -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Estate may depend, the Trustee shall incur no liability to per- sons whose interests may have been affec:ted by that event for disbursements made in good faith. 7.7 Annual Accounting. The Trustee hereunder shall render an account of the Trustee's administration of the trust created hereunder at least once each year, unless such account is waived in writing by all living beneficiaries of such trust, or their respective legal representative. Said account shall be furnished to each beneficiary in beinc~ of said trust, or to any such beneficiary's legal representai:ive, as the case may be; provided, however, that said account need not be submitted to any Court obtaining jurisdiction over said trust for approval thereof, unless desired by the Trustee, requested by any such beneficiary or directed by Court Order or applicable law. Failure to object to such account within fifteen (15) days after rendition of such account shill be deemed approval of such account by the beneficiary. A beneficiary's written or tacit approval or waiver of such account shall, as to all matters and transactions stated therein, or shown thereby, be final and binding upon that beneficiary <~nd all of his succes- sors in interest. A beneficiary may, if warranted in light of the circumstances, request the Trustee to render an account more often than once per year, upon which reasonable request the Trustee shall render such interim account. 7.8 Custody of Assets. Any corporate Trustee or Co- Trustee serving hereunder shall have custody of all securities and other assets of the Trust Estate and may bind the Trust Estate, or any portion thereof, in any itransaction obligating the Trustee to expend Five Hundred Dollars ($500) or less and said corporate Trustee shall be the sole signatory of all checks necessary to accomplish such expenditures. /// -17- ~~ • • • • • • I• 1 7.9 Actions by Co-Trustees. If, after consultation with 2 each other, any individual and corporate Co-Trustees are unable 3 to agree regarding any matter affectiing administration or 4 distribution, the decision of the individual Co-Trustee shall 5 be binding, and may be relied upon by third parties dealing 6 with Trustees, and the corporate Co-Trustee shall comply with 7 such decision. The corporate Co-Trustee shall not be liable 8 for any action or inaction which is required to be taken (or 9 abstained from) by reason of this Paragraph 7.9, and shall be 10 exonerated for any liability or loss resu]_ting therefrom. 11 ARTICLE EIGHT 12 POWERS OF TRUSTEE 13 Unless specifically provided to the contrary in any other 14 provision of this Will, the Trustee is vested with, in addition 15 to those powers now or hereafter conferred by law, the follow- 16 ing powers with respect to the trust created by this Will: 17 8.1 Retention of Trust Property. To retain, without lia- 18 bility for loss or depreciation resultinc] from such retention, 19 any assets received by the Trustee or .any property that may 20 from time to time be added to the Trust ]Estate or any property 21 in which the funds of the trust may from time to time be in- 22 vested, for such time as the Trustee :hall deem best, even 23 though such property may not be of the character prescribed by 24 law for the investment of trust funds, or even though to retain 25 such property might violate sound diver;~ification principles, 26 or even though such property may represent a large percentage 27 of the total property of the Trust Estate. 28 8.2 Invest and Reinvest. To invest, reinvest, change in- 29 vestments and keep the Trust Estate invested in any kind of 30 property, real, personal or mixed, inclu~~ing by way of illus- 31 tration but not limitation, oil and gas royalties and inter- 32 ests; common or preferred stocks of any corporation, whether -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~ ~ ~ ~ ~ ~ closely or widely held, including stock or other securities of or any interest in any corporation or other business venture or any related, affiliated or subsidiary corporation or business venture which is acting as Trustee hereunder; voting trust certificates, bonds, notes, debentures, mortgages, shares or interests in investment trusts, mutual funds or common trust funds, including such funds administered by the Trustee; inter- ests in partnerships, whether limited or general and as a limited or general partner; and joint stock companies and associations, without regard to the proportions that any such investment or investments of a similar character may bear to the total Trust Estate or whether or not: such investments are in new issues or are in new or foreign enterprises and without being limited to the classes of investments which the Trustee is or may be authorized by statute or rules or decisions of Court to invest trust funds; intending hereby to authorize the Trustee to act in such manner as the Trustee shall believe to be in the best interests of the Trust Esi:ate and the benefici- aries thereof. 8.3 Management of Trust Businesses. To hold and operate at the risk of the Trust Estate and not at the risk of the Trustee, any business, partnership interest or capital stock of an.y corporation, including closely held corporations, received or acquired by the Trustee, as long as the Trustee may deem advisable, the profits and losses to inure or be chargeable to the Trust Estate and not the Trustee; and in connection with such operation, to incorporate such businE~ss or operate it as a partnership, limited or general, or in any other form of organ- ization which the Trustee deems appropriate. 8.4 Manage and Control. To manage, control, sell at pub- lic or private sale, convey, exchange, partition, divide, allot, subdivide, improve, repair; to grant options and to sell -19- ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26' 27 28 29 30 31 32 ~ ~ ~ ~ ~ ~ upon deferred payments; to pledge or encumber by mortgage or deed of trust or any other form of hypothecation; to otherwise dispose of the whole or any part of the Trust Estate on such terms and for such property or cash or credit, or any combina- tion thereof, as the Trustee may deem be:~t; to lease for terms within or extending beyond the duration of the Trust Estate for any purposes, including leases of real. property for up to ninety-nine (99) years, for the purpose of exploration for and development of and removal of gas, oil, minerals and other sub- stances; to enter into community lease,; to create restric- tions, easements, servitudes; to compromise, arbitrate or otherwise adjust claims in favor of or against the Trust Estate; to institute, compromise and de:Eend actions and pro- ceedings with respect to the Trust Estate; and to secure such insurance, at the expense of the Trust F;state, as the Trustee may deem advisable. 8.5 Loans. To borrow for the Trusi: Estate from any per- son, corporation or other entity, including the Trustee or any related, affiliated or subsidiary corpor~ition or business ven- ture of the Trustee at such rates and upon such terms and con- ditions as such Trustee shall deem advis~ible, and to pledge as security therefor any of the assets of th~~ Trust Estate for the benefit of which such loan is made; to execute, acknowledge and deliver bonds, mortgages, deeds of trust,, extensions of agree- ments, participation agreements, assignments of mortgages or deeds of trust or other documents incidental thereto; to lend money upon such terms and such condition: as the Trustee deems to be in the best interests of the Trust Estate and the bene- ficiaries thereof, including the right to lend money to the Trustee or to any related, affiliated or subsidiary corporation or business venture of the Trustee, but in such event such loans shall be adequately secured and shall bear the then -20- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~ ~ ~ ~ ~ ~ prevailing rate of interest for loan:. to such persons or entities for the purposes contemplated. 8.6 Securities. With respect to arty corporation or part- nership, the stocks, bonds or other securities of which, or in- terest in which may form a part of the Trust Estate: a. To vote in person or by proxy; b. To consent to the merger, consolidation, re- organization or dissolution of any of such corporations, or to the termination of any of such partnerships, or to the modifi- cation or amendment of any partnership ~~greement or corporate organization document; c. To consent to the leasing, mortgaging or sale of any property of such corporation or partnership; d. To surrender, exchange or substitute stocks, bonds or other securities as an incident to the merger, con- solidation, recapitalization or dissolution of any of such cor- porations; e. To pay all assessments, subscriptions and other sums of money which the Trustee may deem wise and expedient for the protection and maintenance of the proportionate interest of the Trust Estate in said corporations or F>artnerships; f. To enter into agreements making the Trust Estate liable for a pro rata share of the liabi:Lities of any corpora- tion which has been dissolved and in which stock is held by the Trust Estate, when in the opinion of the 'Trustee such action is necessary to the plan of liquidation of an.y such corporation; g. To exercise any option or privilege which may be conferred upon the holders of such stacks, bonds or other securities, either for the exchange or conversion of the same into other securities or for the purchase of additional securi- ties, and to make any and all payments which may be required in connection therewith; - 21- r • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 • • • • • • I• h. To join in the creation, modification, cancella- tion of any voting trust or any restrictive purchase or retire- ment agreement relating to any partnership interest or corpor- ate stocks; i. To take any other action with respect to such corporation or partnership which the Trustee, in the Trustee's discretion, deems necessary and proper i.o protect and further the interests of the Trust Estate and the beneficiaries there- of, and in so doing to exercise any and. all powers which may otherwise be granted to the legal owner of any such corporate stock or partnership interest. 8.7 Insurance. To purchase insurance on the life of any beneficiary hereunder, or health and accident insurance for such beneficiary, from reputable insurance companies, and to pay the premiums therefor from the principal of the Trust Estate. Subject to the powers granted to the Trustee under Paragraphs 8.7 a, and b, below, the beneficiary of each such policy shall be the trust of which the insured is the income beneficiary. a. With respect to any policy of insurance on the life of any person which may form a part. of the Trust Estate, to exercise and enjoy for the purposes of the Trust Estate as absolute owner of such policy or policies, any benefits, rights and privileges under such policies, including, but not limited to, the right to borrow upon and pledge such policies for a loan or loans, to surrender them for their cash surrender value, or to surrender or join in the surrender of such poli- cies for predated policies having an aggregate value equal to the policies at surrender. Furthermore, the Trustee shall not be required to pay any premiums or othE~r assessments on any such life insurance policies which are required to maintain it as a binding insurance contract. In the case of any such -22- 1 2 3 4 5 6 7 8 9 10 ~ ~ ~ ~ ~ ~ nonpayment, however, which results in the cessation of the policy as a binding insurance contract, the Trustee shall see to it that any and all rights of the Trust Estate in and to such policy shall be preserved and protected in a manner con- sistent with the provisions of this Paragraph 8.7 a. b. Notwithstanding any provision in this Para- graph 8.7 to the contrary, no individual acting as a Trustee hereunder shall have any authority to exercise any of the powers granted herein with respect to any policy of life insur- ance on such individual's life. All such authority with 11 respect to any such life insurance police or policies shall be 12 exercised by the then qualified and acting Co-Trustees of the 13 Trust Estate, if any. If there is no Co-Trustee then qualified 14 and acting, such authority shall be vested in the next succes- 15 sar Trustee appointed or nominated herein who, for purposes of 16 this Paragraph 8.7 b. only, shall act as a Special Trustee 17 hereunder. The authority granted herein to the remaining Co- 18 Trustee or Co-Trustees or to the Special. Trustee, as the case 19 may be, with respect to such policies of life insurance, shall 20 include, but not be limited to, the power to designate the 21 beneficiary or beneficiaries of such life insurance policy, the 22 power to pay premiums, charges or other assessments thereon, 23 and the power to select the method under which the proceeds of 24 such life insurance policy are to be paid. 25 c. Upon receipt of proof of death of the insured 26 under any policy of life insurance coYitained in the Trust 27 Estate, the Trustee shall use reasonable efforts to collect all 28 sums payable under said policy. All sums so received shall be- 29 come part of the principal of the Trust F;state, except for in- 30 terest paid by the insured which shall be added to income. All 31 such sums shall be held, administered and distributed in 32 accordance with the provisions of ARTI(:LE FIVE above. In -23- u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~ ~ ~ ~ ~ ~ connection with such life insurance policies, the Trustee shall have full power to compromise, arbitrate or otherwise adjust any claim, dispute or controversy arising under any such policy, and shall have the authority to initiate, defend, settle and compromise any legal proceeding necessary in the Trustee's opinion to collect the proceeds of any such policy. The Trustee's receipt to any insurer for the insurance proceeds under such policy shall be considered in full discharge of the insured's liability to the Trust Estate and the insurer shall not be under any duty to inquire into the disposition or appli- cation of policy proceeds. 8.8 Nominee Name. To hold any ox' all of the property comprising the Trust Estate, including real property, stocks, bonds or other securities or interests therein, in the Trus- tee's or a nominee's name and to take a~zd keep any or all of such stocks, bonds or other securities in unregistered form and retain them or any of them in such condition that ownership shall pass by delivery. 8.9 Professional Assistance. To employ and compensate agents, managers, investment counselors,, brokers, attorneys, accountants and other assistants deemed by the Trustee to be reasonably necessary for the administration of the Trust Estate, and the Trustee shall not be liable for any losses occasioned by the good faith employmE~nt of such agents, managers, investment counselors, brokers, attorneys, account- ants and other assistants, nor shall the Trustee be liable for any losses occasioned by any actions taEcen by the Trustee in good faith reliance upon any advice or recommendation thereof; to pay all costs, taxes and charges in connection with the administration of the Trust Estate; and to be reimbursed for al:l reasonable expenses, including attornE~ys' fees, incurred in the management and protection of the Trust Estate and to pay -24- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 25 26 27 28 29 30 31 32 ~ ~ ~ ~ ~ ~ himself and his agents, managers, :investment counselors, brokers, attorneys, accountants and other assistants a reason- able fee prior to court approval thereof. Any such payment by the Trustee of such fees shall be out of principal or income, as the Trustee may elect, or partially out of each. The dis- cretion of the Trustee to pay these e~:penses from income or principal, or partially from each, may be' exercised not only in the interests of the Trust Estate but for the benefit of any beneficiary thereof; subject, however, to the Trustee's fiduci- ary obligation to treat income benefici~~ries and remaindermen equitably. 8.10 Divisions and Distributions. In any case in which' the Trustee is required, pursuant to i:he provisions of any trust created herein, to divide any tru:~t property into parts or. shares for the purpose of distribution, or otherwise, to make the division and distribution (pro rata or otherwise) in kind, including undivided interests in a~zy property, or partly in kind and partly in money, and for thi:a purpose to make such sales of trust property as the Trustee m~iy deem necessary, and on such terms and conditions as the Trustee shall deem fit, and to determine the relative value of they securities or other properties so allotted or distributed. ~~he Trustee's determi- nation of values and of the property for such distribution shall be conclusive. In making distributions pursuant to this Paragraph 8.10, the Trustee need not consider the tax bases of the various assets that are being distributed, so that no attempt need be made to equalize the ac~gregate tax basis of assets distributed to the various distributees. The decision of the Trustee in distributing assets in reliance on this Para- graph 8.10 shall be binding and shal]. not be subject to challenge by any beneficiary hereunder. /// -25- A • ~ • • • • 1 8.11 Tax Elections. To determine what elections under 2 fede ral and/or state income tax laws arE~ expedient or proper, 3 and to make such elections and to decide what adjustments 4 betw een the interests of the beneficiaries of the Trust Estate 5 are appropriate or proper in light of :>uch elections, and to 6 make such adjustments. 7 8.12 Bonds; Premium Amortization. To purchase any govern- 8 ment bonds and to pay such premiums in connection therewith as 9 the Trustee deems advisable; provided, r~owever, that any such 10 premium shall be repaid in principal out of the interest on the 11 bond and, to the extent necessary, out of the proceeds from the 12 sale or other distribution of such bond. 13 8.13 Bank Accounts. To open and maintain bank accounts in 14 the name of the Trustee with any bank, trust company or savings 15 and loan association authorized and doing business in any state 16 of the United States of America. If more than one Trustee 17 shall be acting, the Trustees may designate one or more of them 18 to conduct banking activities and to make deposits, withdrawals 19 and endorsements upon giving written notice of such designation 20 to the bank, trust company or savings and loan association in 21 question; and such bank, trust company or savings and loan 22 association shall be protected in relyi~ig upon such designa- 23 tion. 24 8.14 Principal and Income. Except as otherwise speci- 25 fically provided herein, the determination of all matters with 26 respect to what is principal and income o~E the Trust Estate and 27 the appropriation and allocation of receipts and expenses 28 between these accounts shall be governed by the provisions of 29 the California Revised Uniform Principal and Income Act from 30 time to time existing. Any such matter riot provided for here- 31 in, or in the California Revised Uniform Principal and Income 32 Act, shall be determined by the Trustee in the Trustee's -26- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~ ~ ~ ~ ~ ~ discretion. Except as otherwise providE~d herein, the Trustee shall not be required to establish any reserve for depreciation or to make any charge for depreciation against all or any por- tion of the income of the Trust Estate, including any income realized through use of any portion of the Trust Estate princi- pal in the conduct of a business by the Trust Estate; but the Trustee shall have the power, exercisable in the Trustee's dis- cretion, to determine whether to establi:>h such a reserve and, if so, to fund the same by appropriate charges against the in- come of the Trust Estate, such reserve and charges to be estab- lished on such assumptions and in such ~~mounts as the Trustee in the Trustee's discretion shall determine. In exercising this discretion conferred on the TrusteEa, the Trustee is re- quested to take into consideration the fact that my desire is to benefit primarily the income beneficiaries of the Trust Estate. 8.15 General Powers. To do any and all other acts neces- sary, proper or desirable for the benefit of the Trust Estate and its beneficiaries, and to effectuate the powers conferred upon the Trustee hereunder. ARTICLE NINE ESTATE ADMINISTRATION 9.1 Executor Powers. Unless specifically provided to the contrary in any other provision of this Will, the Executor is vested with, in addition to those powers now or hereafter con- ferred by law, the following powers with respect to any and all property contained in my estate: a. Sales. To sell, with oar without notice, at either public or private sale, and to lease any property be- longing to my estate, subject only to such confirmation of court as may be required by law. //,/ -27- • • • • • ~ ~ • I• 1 b. Distribution. On any preliminary or final dis- 2 tribution of the property in my estate, to partition, allot and 3 distribute my estate in kind, including undivided interests in 4 my estate or any part of it, or partly in cash and partly in 5 kind, or entirely in cash, in my Execuitor's absolute discre- 6 tion. In making distributions pursuant to this Para- ? graph 9.1 b., the Executor need not consider the tax basis of 8 the various assets that are being distributed, so that no 9 attempt need be made to equalize the aggregate tax basis of 10 assets distributed to the various distributees. The decision 11 of the Executor in distributing assets in reliance on this 12 Paragraph 9.1 b. shall be binding, and sriall not be subject to 13 challenge by any beneficiary hereunder. 14 c. Adjustments. To make adjustments, in my Execu- 15 tor's absolute discretion, in the rights of any beneficiaries, 16 or among the principal and income accounts, to compensate for 17 the consequences of any tax decision or e:ection, or of any in- 18 vestment or administrative decision, that: my Executor believes 19 has had the effect, directly or indirectly, of preferring one 20 beneficiary or a group of beneficiaries over others. 21 d. Tax Elections. To determine whether any or all 22 of the expenses of administration of my estate shall be used as 23 federal estate tax deductions or as federal income tax deduc- 24 tions and to make any other tax election available to the Exe- 25 cutor with respect to my estate including, but not limited to, 26 any special valuation election or the allocation of any basis 27 adjustment authorized by state or federal tax laws. No 28 beneficiary under this Will shall have any right to recoupment 29 or restoration of any loss the beneficiary suffers as a result 30 of the use of such deductions for one crr the other of these 31 purposes, or as a result of the making of any such tax elec- 32 tion. -28- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~ • ~ ~ ~ ~ e. Valuation Date Selection. To select the valua- tion date in determining the federal estate and income tax lia- bilities of my estate. f. Investments. After the t~'.me for filing or pre- senting claims has expired and all uncontested claims have been paid or sufficiently secured by mortgage or otherwise, to in- vest and reinvest any surplus monies of the estate in his hands in every kind of property, real, person~-1 or mixed, and every kind of investment, specifically including, but not by way of limitation, corporate obligations of every kind, stocks, pre- ferred or common, shares of investment trusts, investment com- panies and mutual funds and mortgage participations. g. Operation of Business. Tc- continue the opera- tion of any business belonging to my estate for such time and in such manner as my Executor may deem advisable and for the best interests of my estate, or to sell or liquidate the business at such time and on such terms as my Executor may deem advisable and for the best interests of my estate. Any such operation, sale or liquidation by my Executor, in good faith, shall be at the risk of my estate and without liability on the part of my Executor for any resulting losses. h. Successor Executors. To designate a Co-Executor or successor Executor or successor Co-Executor, such designa- tion to be made in favor of either an individual or a corpora- tion, bank or trust company authorized to do business as a cor- porate fiduciary and which corporation, bank or trust company has a net worth of no less than Fifty Million Dollars ($50,000,000). Such designation may provide that the named in- dividual or corporation, bank or trust company shall serve without bond. Such designation shall be in writing and shall be filed with the Superior Court having jurisdiction over the probate of this Will. If there is more than one Executor of my -29- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Will then qualified and acting, such designation shall be unanimous. No such designation, however, shall take precedence over the appointment of Executors set forth herein. 9.2 Successor Executor's Res onsibi ity. No successor Executor shall be liable or responsible f:or any losses and ex- penses resulting from or occasioned by anything done or neglec- ted to be done in the administration of this Will prior to the date of acceptance of appointment by such Executor. 9.3 No Bond. No bond shall be recluired of any Executor named in this Will, whether acting jointly or severally in the administration of my Will and whether ar.~y person named as Co- Executor with such person shall be qualified and acting. ARTICLE TEN MISCELLANEOUS PROVISIOIJS 10.1 No Contest. If any beneficiary under this Will in any manner, directly or indirectly, contests or attacks this Will or any of its provisions, any share or interest in my estate given to that contesting beneficiary shall lapse. Any share or interest so lapsing shall be clisposed of as if the contesting beneficiary had predeceased me without issue, it be- ing my intention that this Paragraph 10.1 be in derogation of the Anti-Lapse Statute of the State of California or any simi- lar statute of any jurisdiction in which this Will is probated. If any share or portion of such share so lapsing would, in the absence of this Paragraph 10.1, pass by intestate succession to the contesting beneficiary, or to the issue of the contesting beneficiary, such share or portion tlhereof shall instead augment proportionally all other gifts provided for in this Will, other than specific, demonstrative or general gifts. 10.2 Payment of Taxes. All inheritance, estate or other death taxes, duties, charges or assessments, together with in- terest and penalties thereon, that may by reason of my death be -30- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ~ ~ a ~ ~ ~ attributable to my probate estate or any portion of it, includ- ing any property received by any person as a family allowance or homestead, and all such taxes, duties, charges or assess- ments which are attributable to any property or transfers out- side my probate estate (other than those taxes, duties, charges or assessments on any generation-skippin<~ transfers arising by reason of my death) shall be paid by my Executor and shall be charged against the share of the residue of my estate disposed of by this Will designated as the Trust Estate, without adjust- ment among the beneficiaries thereof, anc~ shall not be charged against or collected from any beneficiary of my probate estate. 10.3 Gifts to Minors. Any gift of this Will, or under any trust created herein, to a minor may be Paid or distributed to the person designated below, without bond, as Custodian for 15 such minor under the California Uniform Gifts to Minors Act and 16 such gift shall be subject to the California Uniform Gifts to 17 Minors Act, as amended from time to time. The Custodian to 18 whom such payment or distribution is mad~a under this provision 19 shall be the adult person or trust company qualified to do 20 business in this state and designated below to serve in the 21 following order or preference: 22 a. First, if a parent of suchh minor is related to 23 me by blood and if the minor is living with that parent, to 24 such parent; 25 b. Second, to the duly appointed guardian of the 26 estate of such minor, if any; 27 c. Third, if no such guardian is appointed, to the 28 father of such minor with whom such minor is living; 29 d. Fourth, if the father of such minor is not then 30 living or if the minor is not then living with such father, to 31 the mother of such minor, if the minor is living with such 32 mother. -31- • 1 2 3 4 5 6 7 ~ ~ ` ~ • ~ 10.4 Limitation of Fiduciary Powers. Notwithstanding any provision of this Will to the contrary, any duty or power (in- cluding discretionary powers) granted to my Executor and Trus- tee hereunder shall be absolutely void t:o the extent that the right to perform such duty or exercise :such power or the per- formance or exercise thereof would in ar~y way cause my estate to lose all or any part of the tax benefit afforded by the 8 marital deduction or orphan's exclusion ~~rovisions under either 9 federal or state laws. 10 10.5 Miscellaneous. 11 a. As used in this Will, the masculine, feminine or 12 neuter gender, and the singular or plural number, shall be 13 deemed to include the others whenever the context so indicates. 14 b. Article headings in this Will are inserted for 15 convenience only, and are not to be considered in the construc- 16 tion of the provisions hereof. 17 I subscribe my name to this Will this 9th day of May, 18 1983, at Sacramento, California. 19 20 22 NINA THOMAS BRADBURY ~ 23 The foregoing instrument, consisting of thirty-three (33) 24 pages, including the page signed by us as witnesses, was at the 25 date hereof, by NINA THOMAS BRADBURY, sig~zed as and declared to 26 be her Will, in the presence of us who at her request and in 27 her presence and in the presence of each ether, have subscribed 28 our names as witnesses thereto. 29 Each of us observed the signing cif this Will by NINA 30 THOMAS BRADBURY and each other subscribing witness and knows 31 32 ~~/ -32- ~ • ~ • 1 that each signature is the true 2 name was signed. 3 Each of us is now more than 4 a competent witness and resides a 5 his name. 6 We are acquainted with NIN 7 time, she is over the age of ei~ 8 best of our knowledge is of sounc 9 duress, menace, fraud, misrepreser 10 We declare under penalty of 11 true and correct. 12 Executed on this 9th day ~ 13 California. 14 NAME 15 16 ~~ ' NANCY L. LI N 17 18 19 '~ 20 ROBERT S. GORD N 21 22 23 - 1(~ , 24 PHI IP W. KELL 25 26 27 28 29 30 31 32 -33- ~ ~ ~ signature of the person whose sighteeri (18) years of age and t the address set forth after ~ THOMAS BRADBURY. At this ~hteen ~(18) years, and to the mind and is not acting under tation ~~r undue influence. perjury that the foregoing is >f May, 1983, at Sacramento, ADDRESS 5 Binac,a Court Sacramento, CA 95833 10056 Shady View Court Elk Grove, CA 95624 3805 Atwater Sacramento, CA 95825 i • ~"'- ~ FIRST CODICIL ~ ~.~ 2 TO WILL OF ro ; _~ ; 3 ~ rn -. ~~r n NINA THOMAS BRADBURY ' ~-, s - ~-, ,--, ~ 11--~~ ~~ 6 Y N ~ ;i ~ DBURY, residing in ~>acramento Countyc~alifornia, I, NINA THOMAS BRA 8 g'n 1983. g declare this to be the First Codicil to my Will dated May 10 11 FIRST 12 ~ revoked and no 13 Paragraph 4.2 on Page 3 of the aforesaid JVill is hereby 14 new Paragraph 4.2 shall be substituted in its place. 15 SEA 16 1~ h 5.5 (c), beginning on Line 8 of Page 7 and ending on Line 10 of Paragrap resaid Will is hereby revoked and no anew Paragraph 5. 5 (c) shall be 18 Page 8 of the afo 19 substituted in its place. 20 21 TH_ 22 23 ara raph 5. 5 (d) on Page 8 of the aforesaid Will is hereby revoked an 24 P g ra ra h 5.5 (c) shall be substituted iri place of the former Paragraph 2 5 the following Pa g p 2 6 5.5 (d): " Each share allocated to a group composed of the living issue of a 27 28 ~ ~ ~_ • distributed to such issue, by right of ~, ased child of mine shall be ~ontation, free of trust." 3 4 ublish my Will dated 5 every other respect I hereby confirm and rep In 6 May gt", 1983. first Codicil to my Will dated May 9t", 1983, is 8 The foregoing F 9 California. on the 19th day of April, 2001, at Sacramento, 10 subscribed by me 11 ,< 13 NINA THOMAS BRADBURY 14 15 16 of three (3) pageS° including the 1~ The Foregoing instrument, consisting INA THOMAS BRADBUR 18 b us as witnesses, was at the date hereof, by N t her request page signed Y resence of us who a 19 i ned as and declared to be her First Codicil, in t e p ubscribed our names as 20 sg r resence and in the presence of each other, have s 21 and In he p 22 witnesses thereto. of this First Codicil by NINA THOMAS 2.3 Each of us observed the signing ows that each signature is the ~ 4 BURY and each other subscribing witness and kn BRAD 2 5 erson whose name was signed. true signature of the p ~ 1 g ears of age and a compete 2 6 hte,en ( ) Y Each of us is now more than eig 27 Hess and resides at the address set forth after his Ham . 28 Wlt 1 I We are acquainted with NINA THOMAS g 2 over the age of eighteen 1g RADBURY. At this time she is ( )years, and to the best of our kn~owled e i 3 and is not actin 9 s of sound mind g under duress, menace, fraud, misrepresentatio 4 We declare under nor undue influence. 5 penalty of perjury that the foregoing is true and Executed on this 19th day of April, 2001, at S 6 correct. acramento, California. 7 8 NAME '~ 9 ;`~ ~ ~~~ '~ ADDRESS l o Jil , `• Conner 9049 Terr~amore Drive 11 ~ Orangevale, CA 95662 12 13 g. Dismu s 1610 Arden Wa 1 Sacramento, Cq 95815 102 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Register of Wills of Cumberland County, Pennsylvania OATH OF NON-SUBSCRIBING WITNESS Estate of Nina Thomas Bradbury No. ~ ~ ~ V b '~ ~~ 5 also known as Nina T. Bradbury Deceased (each) a subscriber ereto, each) being duly qualified according to law,`rlepose(s) and say(s) that shelhe/they codicil waslwere familiar with the signature of Nina Thomas Bradbury a/k/a Nina T. Bradbury _, testator(rix) of the will codicil presented herewith, and that such subscriber(s) believes the signature on the will arE: in the handwriting of Nina Thomas Bradubry a/k/a Nina T. Bradbury to the best of such subscriber's knowledge and belief. (Signature) /'~ ~ (Address) (Signature) ~~ 7~ 2 l 1 d P P~ r "Yo, co 1 l S ~~ i ~ s ~. ~; ,s ,Y ~ . (Address) Sworn to or affirmed and subscribed ~ ~h day of before me this I ~, December 2008 C7 - ~ ~' `.~ `Y' , V ' ~ i ~ ~ U, For the Register ~ ~ _ ~a ~=; ~ ;~f~ -D --i a N ~, 0 Form RW-12 (Cumberland CounTy -Rev. 9192)