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HomeMy WebLinkAbout97-0455(~~/ LAST WILL AND TESTAMENT OF FRANCES S. LEAMY I, FRANCES S. LEAMY, of the Borough of Camp Hill, Cumberland County, Commonwealth of Pennsylvania, being of sound mind and memory, do make, publish, and declare this, my Last Will and Testament, hereby revoking and declaring null and void any and all Wills and Codicils previously made by me. FIRST I direct my Executor(s), hereinafter designated, to pay all my lawful debts and funeral expenses, including the cost of my gravemarker and administration expenses of my estate, as soon practicable after my death. SECOND I give and bequeath the sum of ONE DOLLAR ($1.00) to my daughter, MARTHA JANE MULLIN. I have intentionally omitted to provide otherwise for her, and I specifically direct and will that under no circumstances shall any other part, share, or interest in my estate go to, vest in, or be taken by her or any of her descendants. (Removed) FOURTH I give, devise, and bequeath all of my jewelry, wearing apparel, furs, clothing, and all other articles of personal use or adornment, to be divided among my children, DANIEL R. LEAMY, JR., SUSAN L. THOMPSON, and CHARLES D. LEAMY, as they shall see fit, but if said children fail to agree upon such division, the items with respect to which there is no agreement shall be sold by my Executor(s), hereinafter designated, and the proceeds therefrom shall be added to, become a part of, and be administered with my residuary estate as hereinafter set forth. I give, devise, and bequeath all of the remaining household goods and furnishings to my son Daniel R. Leamy, Jr. FIFTH All the rest, residue, and remainder of my estate of every kind and nature, and wherever situate, including all lapsed legacies, devises, and bequests, including any property over which I may have a power of appointment at the time of my death, I give, devise, and bequeath as follows: A. ONE-THIRD (1/3rd) thereofto my daughter, SUSAN L. THOMPSON, nee Leamy, or if she is not living, to her issue per stirpes; B. ONE-THIRD (1/3rd) thereofto my son, CHARLES D. LEAMY, or if he is not then living, to his issue per stirpes; C. ONE-THIRD (1/3rd) thereofto my son, DANIEL R. LEAMY, JR., or if he is not then living, to his issue per stirpes. In the event that a child of mine shall predecease me without living issue, then his or her share shall be distributed to my other surviving children, or to his or her issue per stirpes if such other is not then living. SIXTH All estate, inheritance, legacy, succession, or transfer taxes, including any interest and penalties thereon, imposed by any domestic or foreign law with respect to all property taxable under such laws by reason of my death, whether or not such property passes under this Will, by operation of law, by contract, or otherwise, shall be paid without any right of reimbursement from any recipient of any such property, without any right of apportionment, and without postponement. SEVENTH Should any person entitled to a share of my estate be a minor at the time of distribution to him or her, and should the value of such share be more than the amount which may be paid or delivered to him or her or on his or her behalf without the appointment of a guardian or other fiduciary or the delivery of security, such share shall be paid and distributed to my Trustee hereinafter designated to be held IN TRUST and managed, invested, and reinvested, together with the accumulation of income thereon, if any, and the Trustee shall use and apply from time to time such portion of the income and principal thereof as it deems necessary or desirable for the minor's reasonable maintenance, support, and complete education, including preparatory, college, post- graduate, or professional training; to make such payment for such purposes to the guardian or person with whom such minor resides; or directly to or for the benefit of the minor, without further responsibility to such minor or any person taking care of such minor; and, when such minor attains the age of twenty-one (21) years, any principal of income not so paid or applied shall be distributed to such minor; or, if he or she dies prior thereto, any principal or income not so paid or applied shall be distributed at death to his or her personal representative. Page 2 of 4 EIGHTH In addition to the powers granted by law, my Executor(s), hereinafter designated, shall have the following powers: A. To sell at public or private sale, to exchange, to lease, to pledge, to mortgage, to transfer, to convert, or to otherwise dispose of, or to grant options with respect to, any and ail property, real or personal, at the time forming a part of my probate or trust estate, in such manner, at such time or times, for such purposes, for such price or prices, and upon such terms, credits, and conditions as shall be deemed advisable or necessary under the circumstances; B. To compromise any claim or controversy; and C. To invest in all forms of property without being limited to legal investment. NINTH I hereby nominate and appoint my son, DANIEL R. LEAMY, JR. of 3001 Lincoln Street, Camp Hill, Pennsylvania, and HERBERT C. GOLDSTEIN, ESQ. of Harrisburg, Pennsylvania to serve as Co-Executors of this, my Last Will, without bond, for the faithful performance of duties in any jurisdiction. I further nominate and appoint DANIEL LEAMY as the sole Trustee of any trusts created by this, my Last Will. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 30th day of April, 1994. /S/ FRANCES S. LEAMY SIGNED, SEALED, PUBLISHED AND DECLARED by the above named testator, FRANCES S. LEAMY, as her Last Will, in the presence of us, who, at her request, in her presence, and in the presence of each other, have subscribed our names as witnesses. Matthew J. Eshelman WITNESS Patrick F. Laver Jr WITNESS 2108 Market Street Camp Hill ADDRESS 2108 Market Street Camp Hill ADDRESS Page 3 of 4 S~. ~ j ~ ~~~~V LAST WILL AND TESTAMENT ~,.,., of OF 1-- FRANCES S. LFS,~'NI3P'R Z3 :!' ~; ~' ~9 I, FRANCES S. LEAMY, of the Borough of~amp Hill, Cumberland County, Commonwealth of Pennsylvania, being of sound mina~,Iypd', memory, do mdke, publish, and declare this, my Last Will and Testament, hereby revoking and declazing null and void any and all Wills and Codicils previously made by me. FIRST I direct my Executor(s), hereinafter designated, to pay all my lawful debts and funeral expenses, including the cost of my gravemarker and administration expenses of my estate, as soon practicable after my death. SECOND I give and bequeath the sum of ONE DOLLAR ($1.00) to my daughter, MARTHA JANE MULLIN. I have intentionally omitted to provide otherwise for her, and I specifically direct and will that under no circumstances shall any other part, share, or interest in my estate go to, vest in, or be taken by her or any of her descendants. THIRD I gave house to Dan and to me by a Deed dated 1992 done by Robert Yetter, Esquire and I want him to have all household goods and furnishings too. FOURTH I give, devise, and bequeath all of my jewelry, wearing apparel, furs, clothing, and all other articles of personal use or adornment, to be divided among my children, DANIEL R. LEAMY, JR., SUSAN L. THOMPSON, and CHARLES D. LEAMY, as they shall see fit, but if said children fail to agree upon such division, the items with respect to which there is no agreement shall be sold by my Executor(s), hereinafter designated, and the proceeds therefrom shall be added to, become a part of, and be administered with my residuary estate as hereinafter set forth. FIFTH All the rest, residue, and remainder of my estate of every kind and nature, and wherever situate, including all lapsed legacies, devises, and bequests, including any property over which I may have a power of appointment at the time of my death, I give, devise, and bequeath as follows: A. ONE-THIRD (1/3rd) thereof to my daughter, SUSAN L. THOMPSON, nee Leamy, or if she is not living, to her issue per stirpes; B. ONE-THIRD (1/3rd) thereof to my son, CHARLES D. LEAMY, or if he is not then living to his issue per stirpes; C. ONE-THIRD (I/3rd) thereof to my son, DANIEL R. LEAMY, JR., or if he is not then living, to his issue per stirpes. In the event that a child of mine shall predecease me without living issue, then his or her shaze shall be distributed to my other surviving children, or to his or her issue per stirpes if such other is not then living. SIXTH All estate, inheritance, legacy, succession, or transfer taxes, including any interest and penalties thereon, imposed by any domestic or foreign law with respect to all property taxable under such laws by reason of my death, whether or not such property passes under this Will, by operation of law, by contract, or otherwise, shall be paid without any right of reimbursement from any recipient of any such property, without any right of apportionment, and without postponement. SEVENTH Should any person entitled to a share of my estate be a minor at the time of distribution to him or her, and should the value of such share be more than the amount which may be paid or delivered to him or her or on his or her behalf without the appointment of a guardian or other fiduciary or the delivery of security, such share shall be paid and distributed to my Trustee hereinafter designated to be held 1N TRUST and managed, invested, and reinvested, together with the accumulation of income thereon, if any, and the Trustee shall use and apply from time to time such portion of the income and principal thereof as it deems necessary or desirable for the minor's reasonable maintenance, support, and complete education, including preparatory, college, post- graduate, or professional training; to make such payment for such purposes to the guardian or person with whom such minor resides; or directly to or for the benefit of the minor, without further responsibility to such minor or any person taking care of such minor; and, when such minor attains the age of twenty-one (21) years, any principal of income not so paid or applied shall be distributed to such minor; or, if he or she dies prior thereto, any principal or income not so paid or applied shall be distributed at death to his or her personal representative. EIGHTH In addition to the powers granted by law, my Executor(s), hereinafter designated, shall have the following powers: A. To sell at public or private sale, to exchange, to lease, to pledge, to mortgage, to transfer, to convert, or to otherwise dispose of, or to grant options with respect to, any and all property, real or personal, at the time forming a part of my probate or trust estate, in such manner, at such time or times, for such purposes, for such price or prices, and upon such terms, credits, and conditions as shall be deemed advisable or necessary under the circumstances; B. To compromise any claim or controversy; and C. To invest in all forms of property without being limited to legal investment. NINTH I hereby nominate and appoint my son, DANIEL R. LEAMY, JR. of 3001 Lincoln St., Camp Hill, PA and HERBERT C. GOLDSTEIN, ESQ. of Harrisburg, PA to serve as Co- Executors of this, my Last Will, without bond, for the faithful performance of duties in any jurisdiction. I further nominate and appoint DANIEL LEAMY as the sole Trustee of any trusts created by this, my Last Will. 1N WITNESS WHEREOF, I have hereunto set my hand and seal this 30th day of April, 1994. FRANCES S. LEAMY SIGNED, SEALED, PUBLISHED AND DECLARED by the above named testator, FRANCES S. LEAMY, as her Last Will, in the presence of us, who, at her request, in her presence, and in the presence of each other, have subscribed our names as witnesses. Matthew J. Eshelman 2108 Market Street Camp Hill WITNESS ADDRESS Patrick F. Laver Jr. 2108 Market Street Camn Hill WITNESS ADDRESS I saw these changes made in my office and Fran Leamy knew exactly what she was doing. /s/ Herbert Corky Goldstein, December 28, 1995. I saw Fran Leamy initial these changes and date them. She was very much aware of exactly the changes she was making. /s/ Vera J. Petrina, December 28, 1995. COMMONWEALTH OF,PBNNSYLVANIA COUNTY OF Gumb~~a~~ S• We, .f' I k~N-i !~! ~. L:s~Ec iyA,t~ and ` ~v-~~l'G~ ,~- ~t~bC U; the witnesaes whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we are present and saw the Testator sign and execute the instrument as his Last Will, that she signed willingly, and that she executed it as his free and voluntary act for the purpose therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and that to the best of our knowledge, the Testator was at that time eighteen (18) or more years of age, of sound mind, and under no constraint or undue influence. Sworn or affirmmed to and subscribed to before me by ~w~. LSffftM4.i/ and _ f ATR~t~c F, L.9ucsi2~T0e the witnesaes, this `~Q-i--_ day of ~~ 1994. Notarial seal _ (II cadge 'G,~erwo°"~hxn I ~AyCammsslonFi~Yessea4 te. t' --._. I L ~~ywar~a arwc,:J~ ~` ~/Z0~ N VARY PUBLIC AFFIDAVIq+ COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cu m b ~eJ.-~~ r~ ~ S ~~ i I, FRANCES S. LEAMY, Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will, that I signed it ! willingly, and that I signed it as my free and voluntary act for purposes therein expressed. IN WITNESS WBEREOF, I, FRANCES S. LEAMY ve hereunto set i my hand and seal this ~~ °day of ~ , 1994. I ' F ACES S. LEAMY SWORN or affirmed to and acknowledged before me, and FRANCES S. LEAMY Testator, this ~ 4' . the ~ ~"`-day of 1994. ~ ~ ~t~z va-', NO ARY P~'JBLIC Maas L, ~, pubac CarGSlo Bore C Cou Myc«m,,;~,; Ew;,as seq. is. lass Mertiber, Per~y~,~y ~~~