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HomeMy WebLinkAbout02-04-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Mary B. Finkenbinder Fite Number 21-0~- ~~~~ ~ 7 also known as ,Deceased Social Security 198-30-42fi0 Petitioner(s) who is/aze 18 years of age or older, apply(ies) for: [X] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executor named in 1:he last Will of the Decedent dated August 24, 1993 and codicil(s) dated _ N/A (state relevenat circumstances, e.g. renunciation, death of executor, etc.) Except as follows, Decedent did no[ marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: [ ] B. Grant of letters of Administration (If applicable enter: c.t.a.; d.b.n.c.t.a.; endente 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. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) (List street address, town/city, township, county, state, zip code) Decedent then 70 years of age died on Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) (If not domiciled in Pa.) (If not domiciled in Pa.) Value of real estate in Pennsylvania situated as follows: ~~y.. ;~~E>. 35:3 ~Y/~ ~i/l-it1oL r 2 y ~ ~ z i< y ~ ~ ~ ru~~ir~>~ ~-~.7<<. ~:~,,~~. Wherefore, Petitioner(s) respectfully request(s) the probate of [he last Will and Codicil(s) presented with this Petition and the gran[ of Letters in the aoorooriate form to the undersiened: name ~' ~/ 10 Creek View Road Newville PA 17241 Charles R. Finkenbinder 804 Creek Road Carlisle PA 17015 Roger L. Finkenbinder i~ ~ ~,,,, 30 Valley Road, Newville. PA 17241 .~. 1/29/09 ..o -r f.~ W Sr ~ r` _ `.` .J r t~ r 1 F".~ ~.~..., W C~ (~? .r ~~ Page 1 of 2 COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her last principal residence at OATH OF PERSONAL REPRESENTATIVE COMMONWEATLH OF PENNSYLVANIA COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and correc to the best of the knowledge and belief of petitioner(s) and that as personal representative(s) of th~ D~edent, Petitioner(s) will well and truly administer the estate according to law. n ~ Sworn to or affirmed and subscribed before me this ~ ~Li,U- ~ ( ~ U4h~ _ ~- For the Register L. File Number• ~ 1 - D 1- D / 17 _ Estate Of Mary B. Finkenbinder Social Security Number: 198-30-4260 Date of Death Glenn A. Finkenbinder Charles R. Finkenbinder Deceased " `~ _ ~ ~ ` 1 ~ ~ ,.Tt J ( ~ C37 i.+ ~- A .: tJ a ~~ r ..T _~ . T; r ._ 29-Ja nes /` AND NOW ~ fUi 20~ in consideration of the Petition, satisi'actory proof having been presented before e, IT IS D REED that Letters Testamentary are hereby granted to Glenn A. Finkenbinder, Charles R. Finkenbinder and Roger L. Finkenbinder in the above estate and that the instrument(s) dated August 24, 1993 described in thte Petition to be admitted to probate and filed of record as the las Will (and Codicil(s) of Decedent) Register of Wills ~ ~ ~~ . FEES _ C `~ ~~ 4~ ~ Signature Attorney Name Stephen D. Tiley Letters ~) ~. Short Certificates , DD Sup. Ct. I.D. No Renunciation W + ! 7. Address: ~ 5 ~~ ~ ~.. ~ .~ v Telephone: 32318 5 South Hanover Street Carlisle, Pennsylvania 17013 17) 243-5838 TOTAL... Ll? Page 2 of 2 _ _ __ ~ 1- C~%~` ~ Cl i ~ LOCAL REGISTRAR'S CERTIFICATION ~OF DEA"I'H WARNING: It is illegal to duplicate this copy by photostat oir photograpFl. fee for Ihi~ certificate. $6.00 P ~ 500?912 _ Certification Number This i~; to certify th~..t the !nlortnation here riven is correctly copied from ~ul oo•iginal Certificate of Death duly filed with me a~ Loctill Registrar. The uriginal certificate will be f;n~~ardL~d to the State Vital ~R~ecords Office for permanent filing. Local Registrar Date Issued tV C i'.7 e0 -~? _ T1 iii. } r'T't ~ ~ ~ S. x J :.._ ' ~y I f'":{ iz'7 .. N H10S743 REt It,:'a,~ TYPE /PRINT IN PERMMFEN7 BUCK INK s ~I 0 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reveres( 1. Name d Decemm (War, midge, bet euKix) 2. Sex 3. Soda( Secudry Numha .... ` .. V • a. Data of Desch (MOWN, day. Yaad Mar Finkenbinder Female y _ _ January 29, 2009 5. Age (Last &dMay) (Niger 1 ymr lgder t day S. pets of Bidh (Month. day. Year) 7. BkNpkce (GN end gah a brggn oateary) Ba Piece d Desch (Check «ay xne) 70 "'"" °"` "°" """"" August 26, 1938 Nmptlal: oNen vre. Carlisle, PA ^Inpatlent ^ER /Oulpefient ^DOA ^Nurebg Hame ®Rasitlence ^gher-SpeaN: ' 9b. Caunry d DeaN &. Gry, Born, jlplp. of DeaN 9d. Fa AN Name (If not insliW9on, gbe aUeet and Wanner) 9. Wu Decetlent d Filepedc Onpln7 No ^ Vas 10. Race: Amercan Imfmn, Black, WNte, etc. Cumberland W. Pennsboro 358 McAllister Church Rd. M ~ ~ ~ ( , , White d~.) 71. Decedents Uwe( don Keg d emk mre Burin mast d wwkin We. Do not orate refired 12 Wm Decoded ewr b the 13. DecedanYS Emrstbn (Slleoih OWN Nghen grade cornpleted) 10. Mang Stelae: Mamled, Never Monied /5. Su WFAng Spouse ja wife, 9~ maitlen name) Kktl d Work Klntl d Bus'rwa / knugry U.B. Amastl FoIfr~ces? Elementary /Secondary (1}12) Cdlega (1< «5~) Witlcwad, Dlwmetl (Specify) Owner/ rotor ho ^me E]PFO 12 Widowed - 16. Decetlau's MMWq Address (Shag. dry / baR dale, ziP ~) Decetlent's Dltl Decedem PA 358 McAllister Church Rd. AdugRegtlence 17s9ge Livalna ,7:.~7YaeDecemntlivedg W. Pennsboro Tsro. - Carlisle, PA 17015 „~, ~,,,,,~, Cumberland T°"""'~7 ,7,,.^Np,Dp, y/y~~gyn adun L.nga d cnr / Boo 19. father's Nana (Ebel, mimb, lest, sdfrx) 19. Mo9wr's Name (Fimt, mitlde, maMan aurmme) Fred H. Shughart Ruth A. Miller 2Da InMrreW's Name (Type / Pdd) Charles R. Finkenbinder 20bmli., ( ~ /'°~"~ ~!~)e , PA 17015 zta Mghotl a Dwosdkx, ^ o,,,,,ayW, ^ Da„ao,,, ~ IAmg ^ R.amaMlmmstete w c vb. ow a (MmN, day, y.a) zla Plana a Dlapoelaon (Nana d canetery, cremabry «aNa plea) zta LacaBan (city /lam, slate. nP cam) r nm.gan«tNautlonAUlh«Red ^oNer-sp.dfr by armcM Ex.mina/carwwz7 ^Yaa^Np Feb. 3, 2009 Westminster Memorial Gardens Carlisle, PA 17013 ~ ~""a °' F I aa^° re ) zzn. Llwrwe Numbs za. Noma aria gtldreae d Fadllry Hof fman-Roth Funera Home & rema Dry, nc . ! - - " ~a,_ 138425 9 N. Hanover Street, Carlisle, PA 17013 corrplele Hems 23at «Vy wMn prytykp o dw hen d my bioMadga. math oaured g the tlnw, mb erg place gated. (Sypature eM INeI 2?D. License Plumber 23c. Date Signetl (Month, mY year) phyakan k rid aveighM g Pena d meN b c«tn s ad gh /~~' J f'~ ~ r ~ ' Y ~. a G,?_ i.a -f I - Q.~1~ ~~ ~~lV N3l ib~~~L. (~~l.~ldA.r c,~~/,„llJll~~ - Hare 2a28 met M miroleled M Perem 24. rare d DeeN sv ~e ~ 25. D re Pr«nunced Dead (MOWN, mY. year) 26. was teas Refenetl to Medical Examiner / coroner f a Reason Olha N remaion « Donalion7 win pmrdaaws tleenz n ~ M. (~i7(~~~.(. a J ~ ^Yaa m«~ CAUSE OF DEATH (See Inetructl end axampNa ~ Appoxmate bdervg: Hem 27. Pan I: Enter tlw dull d eeerin - dleeeaes, mjudes, a c«nplrad«w -Nat 6iedN reused tlw degh. DO NOT agar lemnnn evade each as ra6ac arrosl Pen IL 5tla agmr tka~at cord'Norn tonl'R' L maN 28. Ditl Tobaaro Use CanndAe b Daalh? , r Oreat b D~tll respirelory arrest. a ventncda tdilekan wNlbd sttowmg tlw eadogy. L'tsn arsy one cerde m earN Ilse. but rid resdlq F the b Mdarlydrig ~ gNen g Pan L ^ Yes ^ Probahry IYMEOtATE CAUSE ~Fand dseax « ~, r C«affial mdlkl b d lh ^ No ^ Unkrbwn p Be ) _' a. ~ /-emu /_a'.K~;-.n~_Vi r r Duo to (« m a c«ge 29. It Female: querxa oq: sawwWNandxbndw,nare. b. bedap b rye rave feted m Imo a. ~ Dus m (« as s conse 6a ry UNDE ^ Nd piegunt wnhtn peal year ^ Pregnant al l'ene a tleaN er quence oq. r e RLYWG CAUSE j d ey« ~ ~~ aa a~M Ne ^ Nd em9mm, WI Pregnant xi9tin 42 days N ' ~ o Dus to (« as a wrlse uerxa oq m q . _ ^ Not prepant, but pregnad 13 date b t year C. ~ hebre death l ^ U g 30a Was an Autopsy 3ga. Were Autopsy Wldogs 31 Mannar d DeeN ' n movm pregnad aNm aw peg Yrer Pemmwd7 AveBade Prior b Canpklbn . 32a. Dose d I Mary (MOWN, my, yea,) 32b. Dearibe Haw Injury Ocarred 32c. % d Ir~ur7. Home, Fartn, Streg, Faddy, Ofic B ibi S / d Cage d DeaN7 cure( ^ HWniOidB e u ng, etc. ( pedNl ^ Yes VIVO ^ yea ^ Fla ^ ~^t ^ Pendrq ImesCgolim 32d. Time d Injury 32e. Injury at WoW7 321. II TranspoNtbn Inlary (~azaY/ 32g. Localbn d In)ury (Slmet, My 7 roan, gate) ^ Suldm ^ CauM Nd De Datendned ^ Yes ^ No ^ DrMr / Oparelor ^ Passwxjar ^Pe«otden M ~' ~~ 33a CeNfwr (deck Dory one) ' ' ~YN9 PNYSIOMn (PNYSician catllying ceuea of maN when amtlwr physk:ian has pmnunced maN entl canWNed Item 23) 33b. Sgreture and T a Cer" To Ur boa d nN kriowlMga, degh aaxvretl due b Ne auayp std marina u aaed_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Prarbundrg aria artll,4ttg PNYskW (Plrygdan hON fmoundrt d g 1 N k • p g ea l eW ne ty tg 10 Caaae a OeaN) TO BM 4s1 d my IolowNdga, death attnarod a tiro tlrne, tlae, and place, and due to Hie Cause(s) ant maper is elated. _ _ _ _ _ _ _ _ _ _ _ _ _ ^ Metllul faaNna/C ---- 33c. license N A 2 ~ 33d. Date Signed MoNh, tley a) ~J n orona On tlw MW d sxamhrtbn and / or breatlgatbn, m my opidan, meN occunetl a the Ume m4 ant place and due to Ue raum(a) ant mamle es ht d ^ L J ~~ S ~ Ov~G , , , r s e _ 34. Name Brd Atldess d Person Who Com~elW Cauca o(D~p~ jpe m 27) Type /Print 35. R«jstrsr' and 'Date Fletl (M«dh, my, Year) ..4Gt 1 ~/ / !/'ryL - I of ~ L ~ a ~ ~ ~ C~ ~ ~ ha. ~o ,~ ~ ~~ DLsWg4an Pamiit NO. ~ ~/tJ~~~.~-~.~ LAST WILL AND TESTAMENT OF MARY B. FINKENBINDER I, Mary B. Finkenbinder, a resident of the Township of West Pennsboro (284 McAllister Church Road, Cazlisle), County of Cumberland, Commonwealth of Pennsylvania, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void any and all Wills and Codicils by me at anytime heretofore made. ARTICLE 1 FAMILY 1.01 Identification of Family. I declare that I am the widow of Robert L. Finkenbinder and that we had four children, whose names aze as follows: Bazbaza E. Wallace, who died on July 15, 19921eaving one child, a son Joshua S. Wallace; Glenn A. Finkenbinder, of 10 Creekview Road, Newville, Pennsylvania; Chazles R. Finkenbinder, of 804 Creed Road, Cazlisle, Pennsylvania; and Roger L. Finkenbinder, who resides with me at 284 McAllister Church Road, Cazlisle, Pennsylvania. 1.02 Definition of Family Terms. As used in this Will, the term "my children" refers to all my natural children as named in paragraph 1.01 of this Will. As used in this Will, the term "issue" refers to all lineal descendants of the indicated person of all generations, with the relationship of parent and child at each generation. ARTICLE 2 PAYMENT OF BURIAL EXPENSES AND DI+:BTS 2.01 Description of Expenses and Debts. I authorize my Executor to pay all the expenses of (1) a funeral or memorial service; (2) the interment of my :remains, including the costs of a grave site, if necessary; and (3) the installation and inscription of a suitable marker at, and perpetual care of, the grave site. I further direct my Executor to pay all of my debts that my Executor in his or her sole discretion may allow as claims against my Estate. ARTICLE 3 DISPOSITION OF TANGIBLE PERSONAL PROPERTY 3.01 Disposition to Children. I direct my Executor to divide my tangible personal property into two parts. The first part shall contain all items that my Executor determines, after consulting with my children and my grandson Joshua S. Wallace, to be of no present or future value or use to them. The second part shall contain the balance of the property. My Executor shall dispose of the first part by sale, abandonment, destruction, or gift to any charity or person. The proceeds of any sale shall be added to my residuary estate.. All property in the second part I give to my children, and my grandson Joshua S. Wallace, who survive me, in four equal shares, to be divided among them as they shall agree, per stirpes and not per capita. If any child or grandchild is a minor, the Guardian of the person appointed for that child must agree to the division. If no agreement is reached within ninety (90) days after my death, all property in the '" ~ second part shall be sold at public sale and the proceeds thereof added to my residuary estate. ~; ARTICLE 4 . ~;~~ DISPOSITION OF RESIDUARY ESTATE 4.01 Disposition to Children. All of the rest, residue and remainder of the ~`~~~~ property that I own at the time of my death, both real and personal, and of every kind and '' description, wherever situated, to which I may be legally or equitably entitled at the time of my ~~~ ~ death (my "residuary estate"), I give, devise and bequeath to my children, and my grandson ~ Joshua S. Wallace, to be divided among them four equal shazes, per stirpes and not per capita. ~~_, The share of any child or grandchild of mine who predeceases me leaving issue who skive me ti shall pass to such issue per stirpes by right of representation. However, if' my young ild, ors ~' any grandchild inheriting under this Will, shall be under twenty-one (21) yeazs of age death ,~ his or her share shall instead pass in trust as set forth in Article 5 of this W ill. `~"' ~ va ,-~ rn ~ . ~ ~` -- w c...> `. N ARTICLE 5 TESTAMENTARY TRUST 5.01 Trust Established. If at the time of my death my youngest child or any grandchild has not yet reached the age of twenty-one (21) years, I give his or her share of my residuary estate in trust, to be administered in conformity with the provisions of this Article 5. A separate trust shall be established for each child and grandchild. 5.02 Appointment of Trustee. I appoint my son Glenn A. Finkenbinder of 10 Creekview Road, Newville, Pennsylvania, and my son Charles R. Finkenbinder, of 804 Creed Road, Cazlisle, Pennsylvania, or the successor or survivor of them, to be 'Trustee of the Trust established by this Article 5. The Trustee shall have the powers set forth in Article 7 of this Will. 5.03 Resignation of Trustee. Any individual Trustee may resign from the position of Trustee by executing a written resignation and delivering it to the successor Trustee. The date of the delivery of the resignation shall be the effective date of the resignation. No Court action or other proceeding shall be necessary for the resignation of an individual Trustee. Every title, estate, right, power and discretion conferred on the initial Trustee under this Will is likewise conferred on any successor Trustee. 5.04 No Bond Required. No bond shall be required of any Trustee or successor Trustee named in this Will. 5.05 Use of Funds. Until my youngest living child or any grandchild attains the age of twenty-one (21) yeazs, the Trustee from time to time may pay to, or apply directly for the benefit of, him or her any sums from the principal and net income of the Trust as the Trustee deems necessary or advisable to provide for the proper Gaze, support, maintenance and education of the child or grandchild who is the beneficiary of each trust. 5.06 Trustee's Judgment Final. The judgment of the Trustee as to the amount of payments or applications of principal or income pursuant to Paragraph 5.05 of this Article shall be final and conclusive on all persons interested, or who may become interested, in the Trust estate. On making any payments or applications of principal, the Trustee shall be fully released and dischazged from all further liability or accountability. Byway of explanation and example and not by way of limitation, the Trustee's power and authority to make discredonazy payments to my child may include expenditures for basic maintenance and support; elementary or secondary education; post-secondary technical or vocational training; college, postgraduate and professional study; and assistance in connection with marriage, acquisition and furnishing of a home and commencing a business or profession. 5.07 Additions to Corpus. Any property to which my child or grandchild may be entitled during his minority may be added to the corpus of this Trust and administered in accordance with the terms and conditions of this Trust. To the extent that the Trustee has the authority, whether by appointment as Guardian of the estate, special guardian, or otherwise, to determine the disposition of any property to which my youngest child or grandchild may be entitled during his or her minority, I direct the Trustee to add the property to the corpus of this Trust. 5.08 Division of Corpus. When my youngest living child or any grandchild attains the age of twenty-one (21) yeazs, the Trustee shall distribute the corpus of that child or grandchild's trust and any undistributed income of that trust to the child or grandchild. In the event that my youngest child or any beneficiary should die before his or her twenty-first birthday leaving ~~ issue, the Trustee shall the distribute the trust corpus and any undistributed income to his issue, or their guardian, per stirpes, by right of representation. `vw .~ 5.09 Spendthrift Provisions. No beneficiary of these Trusts shall have any ~~~~' right or power to sell, assign, convey, mortgage, pledge, anticipate, hypothecate or otherwise dispose of any right, title or interest that the beneficiary may acquire in the income or principal of ~~ the Trust estate until the income or principal has actually been paid over to the beneficiary by the Trustee. Nor shall the income or principal of the Trust estate, or any part of it, or any interest of ~\ any beneficiary under this Will be liable for, or to any extent subject to, any debts of any kind or nature incurred or contracted by any beneficiary, either before or after my death. Any right -`- = granted to a beneficiary to receive assets of the Trust estate, either principal or income, for the ~ beneficiary's own use and benefit shall not be available for the satisfaction of any claims of the ~~ creditors of the beneficiary. Any right of receipt shall be suspended and may not be exercised by ~. any beneficiary on the filing of a proceeding in bankruptcy in which the beneficiary is debtor. The suspension shall be continued during bankruptcy proceedings and shall be restored only after the entry of a final order of dischazge of the beneficiary as debtor. ARTICLE 6 APPOINTMENT OF EXECUTOR 6.01 Appointment. I nominate, constitute and appoint my three surviving sons, to wit: Glenn A. Finkenbinder; Charles R. Finkenbinder; and Roger L. Finkenbinder, or the successor(s) or survivor(s) of them, as Co-Executors of this my Last Will and Testament. 6.02 Bond Not Required. None of the individuals named in Pazagraph 6.01 shall be required to furnish a bond for the faithful performance of his or her duties as Executor. ARTICLE 7 POWERS OF ADMINISTRATION 7.01 Grant of Powers. My Executor, in the administration of my Estate, and my Trustee in the administration of the Trust established in Article 5 (together referred to as "my fiduciaries"), shall have the powers and authorities set forth in this Article„ These powers may be exercised by my fiduciaries in their sole and absolute discretion, without the permission or order of any Court. These powers shall be supplementary to the powers conferred by law, including, but not limited to, those set forth in Title 20, Chapter 33, of the Pennsylvania Consolidated Statutes. 7.02 Retention of Assets. My fiduciaries shall have the power to retain any or all property of my Estate or Trust corpus, however received or acquired, for so long as they deem appropriate. This power may be exercised even though the property may not be of the type authorized by law for investment, and even though retention may leave a disproportionately lazge amount of the value of my Estate invested in one type of property. 7.03 Transfer of Assets. My fiduciaries shall have the power to sell, transfer and convey any property, of whatever nature, including real property, and wherever situated, that I may own at the time of my death, or that may come into my Estate or into the Trust corpus at or after my death. The sale, transfer or conveyance may be by public or private sale, at such time, on such terms and conditions, including selling price and credit, in such manner, and for any reason that my fiduciaries deem appropriate, including, but not limited to, the purpose of obtaining net proceeds to be distributed to my residuary beneficiaries. 7.04 Investment. My fiduciaries shall have the power to invest and reinvest any property in my Estate or in the Trust corpus in preferred and common stocks, bonds, notes, common trust funds (including any managed by any corporate fiduciary), interests in investments, trusts, mutual funds, leases, mortgages on property wherever located, and., generally, in any property and in proportions of property as my fiduciaries deem advisable, even though such investments aze not of the character or proportions authorized by applicable law for the investment of such funds. 7.05 Power to Borrow. My fiduciaries shall have the power to borrow money for any purpose for any periods of time and on any terms and conditions as they deem advisable (including the power to borrow from any corporate fiduciary), and to pledge, mortgage, or otherwise encumber any property in my Estate or in the Trust corpus to secure repayment of any loan, as well as the power to renew existing loans either as maker or endorser. ~' 7.06 Distribution in Cash or in Kind. My fiduciaries shall have the power ~; to make distributions in cash or in kind, or partly in each, in divided or undivided interests, and the power to determine which assets shall be sold and which shall be distributed in kind, without nonce to or consent by any beneficiary. 7.07 Distribution to Minors and Persons Under Disability. My ~\~~, fiduciaries shall have the power to make distributions or payments to or for the benefit of any beneficiary who is a minor, an incomtx-:tent, or who in the fiduciaries' judgment is incapacitated. ~~ The distributions or payments shall be made in any one or more of the following ways: (1) _, Directly to the beneficiary; (2) directly to the creditor in payment of the debts or expenses of the ~ ~ , beneficiary; (3) to the Guardian of the person or estate of the beneficiary; (~4) to any custodial parent of a minor beneficiary; (5) to a custodian for the beneficiary under any law related to gifts to -~ minors, including to my fiduciaries in that capacity; or (6) to any other person who shall have the caze and custody of the person of the beneficiary. There shall be no duty to see to the application of funds so paid, provided due Gaze was exercised in the selection of the person to whom the funds were paid, and the receipt of the person shall be full acquittance of the fiduciaries. To the extent that any provision of this Pazagraph 7.07 is inconsistent with any provision of Article 5 creating a Trust of the residue for the benefit of my minor children, the provisions of Article 5 shall control. For purposes of this Article 7, "minor" is defined to mean any person under the age of twenty-one (21). 7.08 Disposition of Business Interests. My fiduciaries shall have the power to continue or to permit the continuation of any business, incorporated or unincorporated, in which I may have any interest at the time of my death for any period of time, or to liquidate the business on any terms, as they deem appropriate. This power includes, but is not limited to (1) the power to invest additional sums in any business, even to the extent that my Estate or the Trust corpus may be invested lazgely or entirely in the business, without liability for any loss resulting from lack of diversification; (2) the power to act as or to select other persons to act as directors, officers or employees of any business, to be compensated without regazd to being a fiduciary under this Will; and (3) the power to make any other arrangements in regard to any business as my fiduciaries shall deem proper. 7.09 Employment of Agents. My fiduciaries shall have the power to employ and pay the compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts, investment counsel, accountants, bookkeepers or other agents or providers of services as my fiduciaries deem advisable in the administration of my Estate. 7.10 Commissions. My fiduciaries shall have the power to take reasonable commissions on account at any time during the administration of my Estate or of the Trust without the approval of any beneficiary or of the Court, but subject to allowance or disallowance on the settlement of the final accounts of my fiduciaries. 7 . ll Third Party Reliance. No person or corporation dealing with my Executor shall be required to see to the application of any property paid or delivered to my Executor, or to inquire into either the authority of my Executor to enter into any transaction or the expediency or propriety of any transaction entered into by my Executor. ARTICLE 8 TESTAMENTARY GUARDIANS 8.01 Guardian of Person. I have no children under the age of eighteen (18) years. 8.02 Guardian of Estate. It is my intent that all property to which any child of mine or any grandchild shall become entitled to during his or her minority, and until he or she shall reach the age of twenty-one (21), shall be included in the corpus of the Tn~st established in Article 5 of this Will, and administered exclusively under the provisions of that Article. However, should a guardianship of the estate become necessary for any reason, or be required by any Court, I nominate whoever is at that time serving as Trustee of the Trust to serve also as Guardian of the Estate of any minor child or grandchild. The person appointed as Guazdian of any Estate should serve as long as he or she continues to serve as Trustee, with the guazdianship to pass to any successor Trustee. ~ 8.0 3 No Bond Required. No bond shall be required oi' any Guardian of the person or estate of my minor children who is nominated under this Will. Y .~~ 8.04 Funds for Guardian. The Trustee and Guardian of the Estate of any minor child or grandchild of mine shall pay any amounts to the Guardian of the person of the child or grandchild that the Trustee deems necessary to provide housing, food, <:lothing, recreation and comfort to the child or grandchild. Any such payments shall come first from the income of the Trust and if there is not sufficient income, then from the principal. These payments may be made ~~ ~~ to the Guardian of the person in his or her individual capacity, even though the expenditure might directly or indirectly benefit the Guazdian or others in the Guardian's family. These expenditures ~~~ may specifically include, but shall not be limited to, an addition to or remodeling of the Guardian's residence so as to enable the minor child to reside comfortably with the Guardian. ~.. ,> ^ J ARTICLE 9 ~~ PAYMENT OF DEATH TAXES 9.01 Inheritance Tax. I direct that the Pennsylvania inheritance taxes payable as a result of my death, not limited to taxes assessed on property passing under this Will, shall be paid out of my residuary estate and shall not be deducted or collected from any beneficiary under this Will or other transferee. ARTICLE 10 LIABILITY OF FIDUCIARIES 10.01 Liability Limited to Actual Fraud or Willful Misconduct. My fiduciaries shall not at any time be liable for mistakes of law or factor both, for errors of judgment, or for any loss coming to any beneficiary under this Will, or to any other person, unless the loss is the result of actual fraud or willful misconduct on the part of the fiduciary. My fiduciaries may, from time to time, consult with counsel with respect to the meaning, construction and operation of this Will, pardculazly with respect to the apportionments, allocations and disbursements, and may act on the advice of counsel in all matters without incurring liability on account of their actions. ARTICLE ll INTERPRETATION 11.01 Meaning of "Survive ". For the purposes of this Will, in determining whether a person has survived me or survived another person, the person shall not be deemed to have survived if he or she dies within ninety (90) days of my death or of the death of the other person. 11.02 Successors of Fiduciaries. All pronouns referring to an Executor or Trustee, and the terms "Executor" and "Trustee" shall be construed to mean any person acting as my Executor or Administrator with will annexed, or Trustee as the case may be. 11.0 3 Number and Gender. If required by the context of this Will, singulaz language shall be construed as plural, plural language shall be construed as singulaz, and the gender of personal pronouns shall be construed as either masculine, feminine or neuter. 11.04 Headings. All headings used in this Will to describe the contents of each article, pazagraph or other division aze provided for convenience only and shall not be construed to be a part of this Will. 11.05 Governing Law. This Will shall be construed in conformity with the law of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament, written on five (5) pages, this 24th day of August, 1993. ~t~.Jc. ~~_ _ ~~~ ~;r~~-4~'..~,~) (SEAL) Mary B. nkenbinder Signed, sealed, published, and declazed by Mary B. Finkenbinder, the Testatrix above named, as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. ~' ~ ~_ _~ __ n »/~ OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA --------------------------------- Estate of Mary B. Finkenbinder ,Deceased (each) a subsribing witness to the [~ Will [ ]Codicil presented herewith, (each) being duly qualified according to law, depose(s) say(s) that she / he /they was /were present and saw the above Testator / T'esatrix sign the same and that she / he /they signed as a witness at the request of the Testator /Testatrix in her /his presence and in the presence of each other. ~~~ _ ~ ~~~ ~it,~..~ ( gnature) Stephen D. Tilley Signature) Theresa I,. Martin 5 South Hanover Street (Street Address) Carlisle, PA 17013 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this '~ ~ day of , 20~_ formerly known as Theresa L. Bentzel 2 Strawberry Lane (Street Address) Carlisle, PA 17013 (City, State, Zip) Executed out of Register's Office Sworn to or affirme -a~,ci~~ubscribed befo e his ~~--{{ ~~ day of , 20 --~, :. Deputy for egi ster of lls Notar Public My C mmission ExpirE:es: ( ignature and Seal of Notary or other offical qualified to administer oaths. Show date o1.` expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present; the original or copy of instrument(s) at time of notarization. N ch ~ ~- ~~~~~ F"" NOTARIAL SEAI- - ~.~_; :_ , t"'=~~ ~n ~_ = SUSAN R HENRY NOTARY PUBLIC __ a. `~j~v ~ Carlisle Borough, Cumberland County ~ r.. a ~ . ~ 1.s. `~ ~ cr+ . __ c~ ca cs My Commisston Expires December 15, 2009