HomeMy WebLinkAbout03-26-09 (2)FP,FII,ES\Cliwts,9922 Craig\9922.2\9922.2.estate.pe[itionadjudicatio~
DECEDENT'S ESTATE
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DNISION
ESTATE OF EVELYN C. CRAIG, DECEASED
No. 21-08-00862
PETITION FOR ADJUDICATION /
STATEMENT OF PROPOSED DISTRIBUTION
PURSUANT TO Pa. O.C. Rule 6.9
This form may be used in all cases involving the Audit of the Account ofa Decedent's Estate. Ifspace
!s insufficient, riders may be attached. Attach the spouse's election, ifany; thepapers required under
items ~8-19 inclusive; and any instrument pertinent to the adjudication.
INCL UDE ATT,9 CHMENTS AT THE BACK OF THIS FORM.
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Name of Counsel: No V. Otto III '; c; `
Supreme Court LD. No.:
27763 ,-~ ~
Name of Law Firm;
MARTSON LAW OFFICES
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Address: 10 East High Street, Carlisle, PA 17013
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Telephone:
(717) 243-3341 V7
Fax:
(717) 243-1850
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Form OG07 rev. /0. 73,06 Page 1 of 10
Estate of Evelyn C. Craig, Deceased
1. Name(s) and address(es) of Petitioner(s):
Nam<. John Schall, Vice President
n~ta.~:s: Manufacturers and Traders Trust Company
55 South Main Street
Chambersburg, PA 17201
Identify any executors or administrators who have not joined in the Petition for Adjudication and
Statement of Proposed Distribution and state reason:
Is this the first accounting by this fiduciary? .............................. ®Yes ^ No
If not, identify prior accountings, the accounting periods covered, and the date of
adjudication of the prior accounting.
2. Decedent died on August 4, 2008.
® Letters Testamentary or ^ Letters of Administration were granted to Petitioner(s) on
August 21, 2008.
Date of Will (if applicable): October 7, 1971
Date(s) of Codicil(s) (f applicable): Not applicable
Date of probate (if different from date Letters granted):
Was a bond required? ^Yes ®No If yes, state amount:
Are proofs of advertising of the grant of Letters attached? ............... ®Yes ^ No
Dates ofadvertisingofthe grant of Letters: Cumberland Law Journal: 9/12/19/26/08; The
Sentinel: 9/13/20/27/08
Fwm OP07 rev. /0. 13.06 Page 2 of 10
Estate of Evelyn C. Craig, Deceased
3. Was decedent survived by a spouse? ................................ ^Yes ®No
If yes, name of the surviving spouse:
4. Has the surviving spouse filed to take an elective share? ................ ^Yes ^ No
(See Section 2201 et Sue. ojthe Probate, Estates and Fiduciaries Code)
If yes, date of election:
5. In the case of an intestacy, state the names of the decedent's surviving children or surviving issue of
deceased children (if.,oae, so state):
6. Did decedent marry after execution of Will or Codicil(s)? ..................... ^Yes ®No
Were any children born to decedent after execution of Will or Codicil(s)? ........ ^Yes ®No
If yes, give names and dates of birth:
Name: Date ajBirth:
7. If required by the Medical Assistance Estate, Recovery Act,
62 P. S. § 1412, was a request for a statement of claim sent to
the Department of Public Welfare? ....................................... ^Yes® No
Fwm OC-07 rev, fl). 13.06 Page 3 of 10
Estate of Evelyn C. Craig, Deceased
Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has been or will be given
to all parties in interest listed in item 9 below, all unpaid creditors and all claimants listed in item
10 below. In addition, notice of any questions requiring Adjudication as discussed in item 14 below
has been or will be given to all persons affected thereby.
A. If Notice has been given, attach a copy of the Notice as well as a list of the names and
addresses of the parties receiving such Notice. See attached Notice
B. If Notice is yet to be given, a copy of the Notice as well as a list of the names and addresses
of the parties receiving such Notice shall be submitted at the Audit together with a statement
executed by a Petitioner or counsel certifying that such notice has been given.
C. Ifany person entitled to Notice is not sui juris (e.g., minors or incapacitated persons), Notice
of the Audit has been or will be given to the appropriate representative on such party's
behalf as required by Pa. O.C. Rule 5.2.
D. If any charitable interest is involved, Notice of the Audit has been or will also be given to
the Attorney General as required under Pa. O.C. Rule 5.5. In addition, the Attorney
General's clearance certificate (or proof of service of Notice and a copy of such Notice)
must be submitted herewith. or at the Audit.
9. List all parties (charitable and non-charitable) of whom Petitioner(s) has/have notice or knowledge,
having or claiming any interest in the estate as beneficiaries under the Will or Codicil(s) or as
intestate heirs if there is a complete or partial intestacy:
A. State each party's relationship to the decedent and the nature of each party's interest(s):
Nome and Address ofEach P rt in! ! e [ Re(ationshio and Commea! 'fa v [pleYCSf
Charles R. Craig Son One-third (1/3)
18 Knollbrook Lane, East
Painted Post, NY 14870
Nancy C. Brown Daughter One-third (1/3)
4670 Davidsburg Road
Dover, PA 17315
Fwm OC-07 rev. /0. 13.06 Page 4 of 10
Estate of Evelyn C. Craig, Deceased
Mary C. Anderson Daughter One-third (1/3)
820 West Country Club Drive
Purcellville, VA 20132
B. Identify each party who is not suijuris (e.g., minors or incapacitated persons). For each such
party, give date of birth, the name of each Guardian and how each Guardian was appointed.
If no Guardian has been appointed, identify the next of kin of such party, giving the name,
address and relationship of each.
Not applicable
C. State why a Petition for Guardian/TrusteeAa Litem has or has no[ been filed for this Audit
(see Pa. O.C. Rule 12.4).
Not applicable
D. If distribution is to be made to the personal representative of a deceased party, state date of
death, date and place of gran[ of Letters and type of Letters granted.
Not applicable
Fwm OGO7 rev. /0.73.06 Page 5 of 10
Estate of Evelyn C. Craig, Deceased
10. Other than the claim for the family exemption, list the names of all known claimants and the amount
of their claims and state whether each claim is admitted.
Name and Address of Each Clalmand Amount afClaim Claim Admitted? Wil( Claim Be
Paid in Fu![?
None known
^ Yes ^ Yes
No ^ No
If [he estate is insolvent, attach a schedule setting forth the order ofpreference under 20 Pa.C.S. § 3392 and
the proposed payments.
11. Was family exemption claimed? .......................................... ^ Yes ®No
Was family exemption allowed? .......................................... ^ Yes ®No
Family exemption claimant's name and relationship:
Name:
Relationship:
Fwm OC-O1 rev. /0. 13.06 Page 6 of 10
Estate of Evelyn C. Craig, Deceased
12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania Estate Tax paid,
the date(s) of payment(s), and the interest(s) upon which paid, are as follows:
Dafe Pnymenl
Interest
10/20/2008 $17,113.21+discountcredit$900.70 $400,309.21
13. On the date of death, was the decedent a fiduciary
(personal representative, trustee, guardian, agent under power
of attorney) or surety on the bond of a fiduciary? ............................ ^ Yes ®No
If yes, provide the name of the estate, indicate whether an account has been filed and confirmed
absolutely and all awards performed, or, in the alternative, how the decedent's estate will be
discharged for the decedent's fiduciary administration of the estate.
14. A. Describe in detail any questions requiring adjudication and state the position of the
Petitioner(s) as to each question: None known
B. Has notice of the question requiring adjudication been given
to the parties identified in Paragaph 9 above? ........................ ^ Yes ^ No
Not applicable
15. If Petitioner(s) has/have knowledge that a share has been assigned, renounced, disclaimed or
attached, provide a copy ofthe assignment, renunciation, disclaimer or attachment, together with any
relevant supporting documentation.
Not applicable
Fwm OC-07 rev. /0. 73.06 Page 7 of ] 0
Estate of Evelyn C. Craig, Deceased
16. Had the decedent been adjudicated an incapacitated person? .................. . ^ Yes ®No
If yes, attach a copy of the Order if available; otherwise state the Court, term, number, date, and
name of Hearing Judge.
17. A. List or attach a separate list of additional receipts and disbursements since the closing date
of the Account. None known
B. Has notice of the additional receipts and disbursements been
given to the parties identified in Paragraph 9 above? ................... ^ Yes ^ No
Not applicable
18. If a reserve is requested, state amount and purpose.
Amount $5,000.00
Pnrpo,se: Miscellaneous final expenses and court filing fees
Amount $17,337.00
anrpnse: Executor's commission
Amount $$,700,00
PnrPose: Attorney's fees
If a reserve is requested for counsel fees, has notice of the
amount of fees [o be paid from the reserve been given to the
parties in interest? ..................................................... ®Yes ^ No
If so, attach a copy of the notice. [Notice of Filing First and Final Account attached; reserve is stated
in the First and Final Account.]
19. Is the Court being asked to direct the filing of a Schedule of Distribution? ........ ^ Yes ®No
As to real estate only? .................................................. o Yes ®No
Schedule of Proposed Distribution has been filed with First and Final Account of Executor
Fwm OC-O7 rev. /0. 13.06 Page 8 of 10
Estate of Evelyn C. Craig, Deceased
Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggest(s)
that the distributive shares of income and principal (residuary shares being stated in proportions, not
amounts) are as follows:
A. Income:
Proposed ~istrlbutee(s)
Charles R. Craig
Mary C. Anderson
Nancy C. Brown
B. Principal:
Proposed Dislributee(s)
Charles R. Craig
Mary C. Anderson
Nancy C. Brown
Amount/Proportion
One-third (1/3)
One-third (1/3)
One-third (1/3)
Amount/Proportion
One-third (1/3)
One-third (1/3)
One-third (1/3)
Submitted By:
(All petitioners must sign.
Add additional lines if necessary):
MANUFACTURERS AND TRADERS
TRUST COMPANY, E~x~ecutor
f/~2 %~~d~%LI /lP
Name of Petitioner:
John Scholl, Vice President
Fwm OPO7rev./0.1306 Page9of ]0
Estate of Evelyn C. Craig, Deceased
Verification of Petitioner
(Verification must be by at: least one petitioner.)
The undersigned hereby verifies * [that ke/ske he is true Vice President of the above-named name of
corporation Manufacturers and Traders Trust Company and] that the facts set forth in the foregoing Petition for
Adjudication/ Statement ofProposed Distribution which are within the personal knowledge of the Petitioner
are true, and as to facts based on the information ofothers, the Petitioner, after diligent inquiry, believes them
to be true; and that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904
(relating to unsworn falsification to authorities).
__~~~~' ~
Signature of Petitioner
"Corporate petitioners must complete bracketed information.
Certification of Counsel
The undersigned counsel hereby certifies that the foregoing Petition for Adjudication/ Statement of
Proposed Distribution is a true and accurate reproduction of the form Petition authorized by [he Supreme
Court, and that no changes to the form have been made beyond the responses herein.
~~
Signature of Counsel for Petitioner:
No V. Otto III
Fwm OC-o1 rev. /o. 73.06 Page 10 of 10
IN RE: TRUST AND ESTATE OF
EVELYN C. CRAIG, DECEASED,
LATE OF BOROUGH OF CARLISLE,
CUMBERLAND COUNTY,
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-08-00862
NOTICE OF FILING FIRST AND FINAL ACCOUNT
FOR ADJiIDICATION/STATEMENT OF PROPOSED DIST
AND CALL FOR AUDIT OR CONFIltMATION
FOR THE EVELYN , CRAI TRUST AND FOR THE
ESTATE OF EVELYN C. CRAIG DECEASED
NOTICE IS HEREBY GIVEN that Manufacturers and Traders Trust Company, Trustee and
Executor of the Estate of Evelyn C. Craig, deceased, have this date filed the First and Final Account and
Petition for Ad' dication/Statement ofPro osed Distribution in the above-captioned Trust and Estate in the
Office of the Clerk of the Orphans' Court in and for Cumberland County, Pennsylvania, where the same are
filed as public records and may be inspected. A copy of each of said Accounts and Petitions as filed are
enclosed.
YOU ARE FURTHER NOTIFIED that any exceptions or objections to said Accounts or Petitions
must be filed in writing at the office of the Clerk of the Orphans' Court, Cumberland County Courthouse,
Carlisle, PA 17013, aforesaid prior to the confirmation of said Accounts and Statements o~sed
Distribution scheduled as set forth below.
UNLESS written exceptions or objections are filed prior thereto, said Accounts will be presented
to the above-captioned Court in Court Room No. 1 of the Cumberland County Courthouse, Carlisle,
Pennsylvania, at 9:30 a.m. prevailing time, on Tuesday, Apri128, 2009, at which time said Accounts will be
confirmed and distribution ordered in accordance with the Petitions for Adjudication/Statements ofProposed
Distribution.
MA TSON LA OFFICES
By:_\
No V. Otto III, Esquire
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date of Notice: ~~a~,/d9
NOTICES TO:
Charles R. Craig
18 Knollbrook Lane, East
Painted Post, NY 14870
Attorney for Trust and Estate ofEvelyn C. Craig, deceased
Nancy C. Brown
4670 Davidsburg Road
Dover, PA 17315
Mary C. Anderson
820 West Country Club Drive
Purcellville, VA 20132
Exhibit ' A"
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Cazlisle in the County and State aforesaid,
was established Januazy 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regulazly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regulaz editions and issues of the said Cumberland Law
Journal on the following dates,
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and chazacter ofpublication aze true.
~-'
L' a Marie Coyne, Edi r
SWORN TO AND SUBSCRIBED before me this
26 day of September 2008
~ ~. ~~~~~
Craig, L~relyn C., deed. Notary
Late of the Borough of Carlisle.
Executor: M&T Bank-John
Schall, Vice President and Trust
Officer, 55 South Main Street,
Chambersburg, PA 17201. Norge!At SEAL ~~
Attorneys: No V. Otto, III, Esquire, DE9o,eAN q CCLLMS
Martson Law Offices, l0 East Hi rJOiary Pubnc
Street, Carlisle, PA 17013. ~ CARLISLE BORO, CUht6ERLANO COUN7y
MY Commission Expires qp~ pg, Zp70
Exhibit "B"
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Erica Peterson, Classified Mana er of The Sentinel, of the County and State aforesaid,
being duly sworn, deposes and says that THE SENTINEL, a newspaper of general
circulation in the Borough of Carlisle, County and State aforesaid, was established
December 13,1881, since which date THE SENTINEL has been regularly issued in
said County, and that the printed nonce or publication attached hereto is exactly the
same as was printed and published in the regular editions and issues of
THE SENTINEL on the following day(s):
September 13 20 27 2008
COPY OF NOTICE OF PUBLICATION
ry1~
LCRAIOBIa a of Ma Boro ~t of CedieN, CEumberland
Count', Penneytvank tleceeaed, have bean granted
to Me undersigned.
All persons knowing themearyea to W indebtetl to Bald
Eaters wlgmake payment fmmedletety, and those
hewng clekns will present Nem for eattlemenf to:
Vk» Prakfem entl Trust 0lfker
ss SouM Maln street
Chambersburp, PA 1)ZOt-
MART90N U1W O~ CE9
70 Eeef Hlgh Street
Carlisle, PA 17013
Attomeye
Affiant further deposes that he/she is not
interested in the subject matter of the
aforesaid notice or advertisement, and that
all allegations in the foregoing statement
as to time, place and character of
publl~ahori are h'ue.
(`p-L/~
Sworn to and subscribed before me this
~ ' ~ r , ~n~n-1u12 ~.E88.
Notary Public
My commission expires:
NOVIRIAL SEAL
BONffA A CANUP
Notary Pubgo
CART ISLE BOROUGH, CUMBERLAND COUNTY
Ex ibitHj~'C~m~i~ Expires Jun 8, 2009
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA.
ORPHANS' COURT DIVISION
FILE NO. 2008-00862
ESTATE OF EVELYN C. CRAIG, DECEASED
FIRST AND FINAL ACCOUNT OF
MANUFACTURERS AND TRADERS TRUST COMPANY, EXECUTOR
______~~-__-__--~~-_~-___=~~____~~=o=-==-===c__-----_~~-_-
Date of Death: August 4, 2008
Date of Executor's Appointment:
August 21, 2008
Date of First Complete Advertisement:
Cumberland Law Journal:
The Sentinel
September 12, 19 and 26, 2008
September 13, 20 and 27, 2006
Accounting for the period: August 9, 2008 to
March 19, 2009
Purpose of Account: The Executor offers this Account to acquaint interested
parties with the transactions that have occurred during the Administration.
It is important that the Account be carefully examined. Requests for
additional information, questions or objections can be discussed with:
John Schall, Vice President
Manufacturers and Traders Trust Company
55 South Main Street
Chambersburg, PA 17201
(717) 261-2813
Or
No V. Otto, III, Esquire ~ ~~
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Martson Law Offices ~:-~ ~^
10 East High Street ran ~J
Carlisle, PA 17013 ~~ N
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SUMMARY OF ACCOUNT
PRINCIPAL
PAGES
Roceipts
Less Disbursements:
Funeral Expenses
Fiduciary Fees
Debts of Decedent
Federal State & Local Taxes
Administration - Misc. Exp.
Balance before Distributions
Principal Balance on Hand
INCOME
Receipts
Less Disbursements
Balance before Distributions
Income Balance on Hand
COMBINED BALANCE ON HAND
Proposed Schedule of Distribution 9
Verification 10
3 $ 63,168.97
9 S 11,895.55
9 280.92
9 2,537.71
9 17,113.21
9_5 31,391 58 -63.168 97
~ 00
S .00
6 S 17.83
7 -1.07
+' 16 76
e S 16.76
- 2 -
S 16.76
PRINCIPAL RECEIPTS
Assets Listed in Inventory
(Valued as o£ Date of Death)
Donegal Insurance - Homeowners Premium
Refund
Proceeds from M6T Checking Account
#3740168699
SUBSEQUENT RECEIPTS
CASH:
09/08/08 Received from Evelyn Craig Trust - For
Funeral Expenses
09/15/08 Received from Evelyn Craig Trust - For
Funeral Luncheon, Funeral Flowers and
Prescription and Nursinq Home Expenses
10/19/08 Received from Evelyn Craig Trust - For
Pennsylvania Inheritance Tax
10/19/08 Received £rom Evelyn Craig Trust - For
Executor's Fee
10/19/08 Received from Evelyn Craig Trust - For
Attorney Fee
10/19/08 Received from Evelyn Craig Trust - For
Costs Advanced by Attorney
10/14/08 Received from Evelyn Craig Trust - To
Establish Reserve for Miscellaneous
Final Expenses and Court Costs
TOTAL PRINCIPAL RECEIPTS
S 11,079.78
3,308.98
17,113.21
17,337.00
8,700.00
359.58
2.099 97
$ 52.00
3,178.95
$ 3,230.95
59,938.02
$ 63,168.97
- 3 -
DIEHUR3EMENTg OF PRINCIPAL
FUNERAL EXPENSES
Charles R. Crain
09/08/08 Reimbursement for Funeral Flowers $ 293 77
09/08/08 Reimbursement for Funeral Luncheon _ 977.00 $
Ewins Brothers Funeral Home Incorporated
09/08/08 Funeral Expense
FIDUCIARY FEES
Manufacturers and Tr d rs Trust Com an
09/03/08 Final Fee for Living Trust Service
DEBTS OF DECEDENT
Millenium Pharmacy Systems Incornor ted
09/15/08 Prescription Drug Expense
Sarah A. Todd Memorial Home
09/15/08 Nursing Home Expense
FEDERAL STATE & LOCAL TAXES
Cumberland County Register of Wills
10/19/08 Pennsylvania Inheritance Tax Payment
ADMINISTRATION - MISC EXPENSES
Martson Law Office
03/17/09 Reimbursement for Cost of Advertising
and Proof of Publication in the Sentinel
($179.58) and Cumberland Law Journal
($75.00)
03/17/09 Reimbursement for Filing Fees
03/17/09 Reimbursement for Probate Fee and Short
Certificates
RESERVES:
S 299.58
33.00
72.00
No V. Otto, IIT, Esquire, Martson Law
Offices - Attorney Fee $
Manufacturers and Traders Trust Company
- Executor Fee
FORWARD $
8,700.00
17,337.00
26,037.00 $
770.77
11.079 78 $
280.92
689.40
1,853 31
17,113 21
359.58
354.58 $
11,895.55
280.92
2,537.71
17,113.21
31,777.39
- 9 -
DISBURSEMENTS OF PRINCIPAL (cont dI
FORWARD $ 26,037.00 $ 359.58 $ 31,777.39
ADMINISTRAmrpN - MISC EXPEN Es ~ dl
RESERVES: fcont'dl
Miscellaneous Final Filing Fees and
Court Costs _ 5.000 00 31.037 00 31,391.58
TOTAL DISBURSEMENTS OF PRINCIPAL
$ 63,168.97
- 5 -
REC6IPT3 OF INCOME
MTB Monev Market-in9 r Fund #920
09/02/08 interest
10/01/08 Interest
11/03/08 Interest
12/01/08 Interest
01/02/09 Interest
02/02/09 Interest
03/02/09 interest
TOTAL RECEIPTS OF INCOME
$ 0.60
5.28
9.58
3,06
1.99
1.96
0.86 $ 17 83
$ 17.83
- 6 -
DIHHURSEMENT3 OF INCOME
Manu£ c urer and Tra rs Tr t Com a
- Commission
09/08/08
10/06/08 $ 0.09
11/06/08 0.32
12/08/08 0.27
01/06/09 0,18
02/06/09 0.12
03/06/09 0.09
0 OS
TOTAL DISBURSEMENTS OF INCOME
~ 1 07
+' 1.07
- 7 -
INCOME BALANCE ON HAND
CASH (AUTOMATICALLY INVESTED)
TOTAL INCOME BALANCE ON HAND
FIDUCIARY
VALUE AT ACQUISITION
03/19/2004 VAT UE
$ 16.76 $ 16.76
$ 16.76 $ 16.76
THE ABOVE CASH IS CURRENTLY INVESTED IN
MTB Money Market-Inst I Fund 8920
- 8 -
SCHEDULE OF DISTRIBUTION
Three Children of Evelyn Craig:
Amount To Be Paid
Nancy Craig Brown
4670 Davidsburg Road
Dover PA ] 7315
Mary Beth Craig Anderson
820 West Counh•y Club Drive
Purcellville VA 20132
Charles R. Craig
18 Knollbrook Lane East
Painted Post NY 14870
1/3 principal cash reserve remaining
after payment of final costs
1/3 income cash balance
same as above
same as above
Manufacturers antl Traders Trust Company
Executor of the Estate of
Evelyn C. Craig, Settlor
-9-
VERIFICATION
MANUFACTURERS AND TRADERS TRUST COMPANY, Executor of the Will of EVELYN
C. CRAIG, Deceased, hereby declares under oath that it has fully and
faithfully discharged the duties of its office; that the foregoing First
and Final Account is true and correct and fully discloses all significant
transactions occurring during the accounting period; that all known claims
against the Estate have been paid in full; that, to its knowledge, there
are no claims outstanding against the Estate; that all taxes presently due
from the Estate have been paid; and that the grant of Letters Testamentary
and the first complete advertisement thereof occured more than four months
before the filing of the foregoing First and Final Account.
This statement is made subject to penalties of 18 Pa. C.S.A. Section
9904 relating to unsworn falsification to authorities.
l/~~~~i~l~G 1fPa i G
MANUFACTURERS AND TRADERS TRUST CO
-1d-
LA94' WILL AtiD TESTAMENT
or
Sv>ix.YN C. CA71I0
2, dvELYN c, CRAIG, o£ the Doraugh of Carlisle,
County o! Cuatberland and Gottauonasltlth of Pennsylvania, being of
sound and disposing mina and memosy, and not acting under unrzue
influence of any person vrhomsoever, 3o make, publish and declare
tnis inatrurnene tc be my Lait Will and Tastamarit, in manner
grid Form fcllowinge
FIR9Tr I hereby nxprasaly revoke all wills, codicils
and testamentary writings of whatsoever kind and nature heretofore
made by tea.
SECOND: X heroby direst ray i;xeeutor, or its succtsaasos,
hereinafter named, to pay all sty suet debts, expenses of
a,icSniatratian and funaral expenaas out o! my cetera, as noon
+a is praatica_le attar my dseease,
'!':i'2?iD: Ali t_ha rest. rp stLUk and Yemainda! eE my
QsCate, real, perscnal and :nixes:, of which I may die saiaed or
posaessad, ar aver ti:iich Z map h.;ve the paver o°. testamentary
4lspceicion, of wtrat~~ewr kind and ++hareaoever ^ltuata, I viva,
dmvisa an.1 baqueatt, unto my tires children, C1iJ-RL$3 R, C11AZa,
wno now ;aai.ies in '~innaapolis. Kinnesota, NANCY C, aROMV, who
now resides in never, Pennsyylvania, ?tARY C. 14NDBRSON, oho new
resides sn Carlisle, eennay ivania, zn th® event that Rey of ay
chil3rsn shall predec~aase sa •rithcut leave susvivinq, their
shar® o! nary residuary esters shall be divided betaaer. my remaining
cbi7.dran surviving me. Zn t!ze event, however, that any of my
children shall predecaaae me leaving iat;va surviving, then and
in that event, 1 direct that :hv distributive there to which my
+tai3 a!~tiiH would l~nvn lean ertitla9 haA ha or she survived ine,
Ahall ba distributed to the :ARSSERS TRUST Cr!Ml1lWY of Carliala,
?¢nnsylvanta, Iii :RUST, N89TRT"alLL9d, for the fOllewirq uaea and
purposes for ouch sur.rivi;:g children of my Qacaasad child, par
capi:.3:
a. All such mangy and propoa;Cy constituting said
distriL•utivo share and a,:: inaoaa tneretram shall be need, used,
applie9, disburseA an8 distributed Ln the sale discretion of my
said Trustee for and to sold issue of ntpp deceateA rhildsen and
Such fund may be held, invested and administered ae one trust or
in the discretion of the Trustee tray be divided into as many Trusts
as there ere individua7_ beneElciariea of income and subject to
certain pravisi.ene MArginaftAr set form. r~el.attnq to the aayment
direct to a bPneitalary after attaining !',is or her majority.
:,il income rama.i.ning each year not used for the benefit of a
beneficiary ar beneficiaries hezeunder shall ba adde3 to pri»Cipal.
b, Said Trustee in its sole discretion may pay
and use the inGOme or eo Hach cheese[ as it shall deem advisable
or eo moth of the principal a~ it shall drew advisable xor the
proper maintenance, education, support and welfare of eaarn
and ail of the benefiaiaxies, her®inabove na[oad, being the issue
of my deceased child, i. such incident should occur, in such
amounts and in such proloxticns as u+Y Trustee iri its sole
disareti.nn whAll deem prcpar. It is my desire that tris Trust
estate b! adilrin if taxed env ur;eu by my sal8 Tray tee Eo! the baCt
l.nteraat o! the issue of a deceased child of mina, to the kullast
extent possible is my place as though I ware Physically present
and administering sty own Ponds for sai6 issue or islucs' benefit.
c. Open any beneficiary harwnder attaining the
age of twenty-one (a l) Years, :ha Tzu4tea shall in it0 discretion
aami-annually thereafter, determine the amount o! rwb income. of
this :rust which shall be allocated to ouch brnafici.~rr an3
shall pay the acme to such benefiviary, retaining any uala::os
of net income eo vu @istxi0atad and paid is the Trustee's discretion
to and for the use of the bsnefiaiaxy or benelieiariea not
heviny atCAinOd tna age o! twenty-one X21) years or Eox
distribution to such beneficiary or beneficiaries eubewq~rnt to
their attaining t)w aqm of twenty-one (21) years.
d. upon any beneficiary attaining the age of
twenty-five (25) ysarsr tze Tr+rstea shall gay any. distribute
to such Uunaf iciary such benR_ieiaty's rrc+portianete share of
the principal ~! tniB Trvat a+,a as to ouch bsneficiazy tzie
Trust shall ter;ei.aake,^.:~e .rustaa, :IO+YRVer, shall continue
to admiaiater this Trust as eo aeneficiar!e9 unrigrr the ag: of
twsaty-five (:25) years unini,ibited-
•. In the avant, that arty time the Trust hoseinbsfore
oska5iishred hwQ not been terminated and theta era no beneficiaries
to receive the same in aocoxCxnce :+ith the loragolny, tye Teas;.
shall tsrainate an3 tae entire funJS is the panda of the Trustrma
shall ae distxibutad to r.;y roa~aining children or tneir issue
and itr cirfault thsreo! unler t5e iatestatr law;. o'. tee Cam:aonreahh
of Prn:,sylvania than is +aCfect.
i. Tlla True*_ee ahail be vast.r3 vi [h; rsaeonaula
diseretionery , owes and in all matters sot othwrvis~a +sc~rsin
spACifically proviieC, sisall exarcige its sou:+a ju~~ynu~nt an?~
discretion i,n the perforaance of its ciutias herennJar. IL 3:~a11
not be liable far any serer in ;c~~;rtnant, p~o~:i~'.ea that such error
is honestly made.
g. I give anti grant unto my Trustee and its
sucets3or broad general powarA to acG as such ?r+aAteo as provided
far by the com~aon lam or by Statute and i .irec_ that such rights
in the Trustee to act as such Trusted anall :.= construr6 r:roakly.
-2'
TOURTlI: I ::areby diz¢et that all aatate, inhar=Dance,
transltlr an4 succession taxes that may ba asgaaa~sd in consaquenae
of my Beath of wnataver nauru ara2 bx whatevss jurisdiction
imposed, small ba paic: out of t!te pri7cipal of my general
cetera `..o the same effect as ii SaiC taxes ware expenses of
administration.
FIFTiI: I haruby give an to Wy L"xecutor• or its euersaseor,
hersinaftar named. the !ul'_.sst pcwas and authority in all
matters and guaetiona pertaining to the a3a:iniltzation O! my
estate, executing the provisions oP this my Last Nill and
Taszaxoant, including, but not by way o£ limitation, the Bower
and authority to detera:ine all doubtful questions which may
arias in the conatn:etion o: tris my Last Till and Testa~nent7
Y fur Cher herat~y authotciea end empower gryr Executer, or its
9uRCeaaor, pared ng aettloment of :0.y tl~itate, t0 sell, convey,
mortgace, leaao, axenange, encc~:~ar or othw_wisea dispeae of
any snd all of the propaxty, rea_, personal ox miasd, at ary
time Lalonyi7y to ay aatate, ~aithar at public or Private sale.
wit:iout prior approval of ary court, anU at auah ti:nea and
for such price or pric®s and in say auoh case upon such terms
as 1~ mwy taini: baiSi i+, itc <:iseretic,n, anc F anti^ozize ani:
Cmj~ower my saiu E:cecutcr tc mxacuta, scY.ncwladge and deliver
to tine purchasers, yrnrtaes, ,toxtgaye,sa, vendaes, assignees,
or otixar parsons, auc'r. eont=acre. ,ieecla. mortgages, bonds.
bills o: sale, and ail other instruments of wrltisg naceasary or
proper without obliyatlon upon the latter to sea to the proper
a&y~li r.a tian of th:+ proctasS3. It shall also have the power t0
G4npro53i•s• ox otherwiaa to settle or adjust any and ail alsimt,
charges, .let;ts and dcaianSa whatsoever a6ainat, or in lavor of,
my estate as Lally as I ceul9 da if living. xt shall lurthez
t,r ,empowered to carry on aA~1 condact any business entexprisQ
in which I may ba engaged at zsy depth, to crtain any assets,
including stocks or aocurit.as ~~rhieh I nay own nt the tine o!
my death, pe.ndiny crie aettla,nent c! my est_st®, Without regard
as to whether or not sucy assets or securities era legal
in+~stments :er liuaciarias. Pending settler+ont o! my meters,
it shall also have t.`~a authority in its 3lscration to convert,
sell, exchange or dlsi,csd a! such aaseta arr..', aocuritiaa
either for Cas: or far ter.+te aatiaCactoxy to it anfl Co acquire
ocher a9sot3 without limitation to aecuritiea or invasez+anta
a6 may b:, iteclarmd legal i°ar irveata'ioht by lidueiariea. It
shall further be ampowexa8 to borrow n,onay, an:: eo pledge
aerate o! my estate as security therefor, for the purpose of
paying takes which may be i~evied upon os payable by my aatate,
in accordance with this will in the evt,nt t4 at Lunde is the
hands of my ~xacutor, or its su•uaessor, shall ba insufficient
to pAy such taxes, anz i!, in rho oyinion o! my Executor or its
successor, it~appwara that convermion of securities and Othor
asaets, real and parsor.al, would thorn be mads at a sacriL`ice.
sI:L^:ri: z .`.azaby :_ominate, cone titers and appoint the
-3-
LeAAN8764 TlR7S^a Cpl7y~VY, oP Carlisle, Pennsylvania, to be Che
Execukox of Chi• my Last will and Testament. As I have heretofore
act fortri, t SikQaiise noeninats, aondtitute and apPOlnt tt3o
PARM1e.R5 TRUST COMPANY to ba the testamentary Truatae of this
ray Last gill and Testament capon the occurrence oP the, events
heretofore enwmeratel, In the evens the FARa1ERls TRUST COMPANY
shall oonsolidate or raoXga wish another corporation of fiduciary
character and having the paweax to cot as cxeeukor and Truatee,
ix+aluding w national bank in tfiis state having the proper permit
Co act as Cxecutor, then I nominate and appoint such rucaeasor
coxpozation, association or bank as kxse aubatituew4 Executor
and cestamenCeFy Trustao of this my Last Pill and Testament
and T hereby direct that such aucceasor aAall have all tike sights,
powers and prlvilegoa conferred hereinabow, on the FARMERS
TAU9T COMPANY ir< its capacity as substituted Executor astd
teatameneaxy Trustee cP this rcx Lost :+ill a,w3 Testa.rt!~nt.
IN S~IITtiE93 7FliSRlioF, I have hereunto set my hanc° one'
seal this ~_ .lay of Octob.s, 1971,
6Fr;i7IID, :iL'J1+i:,7, PV=..LIShEU AP11+ pt3CLARIID by iha
EvyLYE C. CRAIG, ae and Por nor Last r+fll an E.
the presence of us, ti~ho at her raauest, in h.~z
the prsscnCa o: eech oC?twr, n11 befog present
haves hereunto sat ear hnnda as witnesses.
COamw/4i,-/~~~~~.a.,-,~~i L/O /~ia.c.~6Q'~ AdcirssY
Namq~.~`~-.u=~.~.i Addraas
abova~namod ^a3atatrix,
Testament, 1n
pres~7ncc, St1d ir.
ae t::e same: tines,