HomeMy WebLinkAbout06-05-09 5.305 RF.~' (OIIO"7)
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.,
°e for this certificate, $6.00
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Certification Number
This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will bee t~>rwarded to the State Vita]
. _IZecord~ C)ffice fc~r pt;~'m~tn~n~filing.
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Local Registrar ~ Date Issued
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,ev n:zooo COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
=RINT IN CERTIFICATE OF DEATH DD
ANENT
'R INK (See instructions and examples on reverse STATE FILE NUMBER
2. Sex 3 Sx~al $ecunfy NumD¢r ~ Dale of Oeatn ~MOnm as at)
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Bernard Groene Ryle g,gnca~nry
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Bethan Village MesKan, Puerto RKan etGl
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18. falners Name lFusL llYatlle, last. su"°' Lillian Groene
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O~scosaan Parma No
LAST WILL AND TESTAMENT .~,
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BERNARD G. RYLE - _~ ~ ~ j
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I, BERNARD G. RYLE, of Cumberland County, Pennsylvania, declare this t~~
be my Will and revoke all prior Wills.
First: Tangible Personal Property: I give all of my tangible personal
property, including any automobiles, together with all insurance on such property, in
accordance with a memorandum I may leave addressed to my Executor, which memorandum
need not be offered for probate. Any of my tangible personal property which is not effectively
disposed of by such memorandum, together with all insurance on such property, I give to my
wife, MARGUERITE C. RYLE, if my wife survives me by thirty days; otherwise I give such
property to such of my daughters as survive both my wife and me, to be divided as they shall
agree. My Executor shall pay, as an expense of settling my estate, the costs of packing,
storage, shipping and insurance incurred in connection with the distribution of the gifts of
tangible personal property made above.
Second: Indebtedness: My wife and I have conveyed the title to our real
property located in Alexandria, Virginia to our daughter, JANET RYLE GOMON, for the
amount of $240,000, said consideration represented by a Promissory Note in said amount. If
my wife has predeceased me, and if at the time of my death my daughter JANET RYLE
GOMON has any remaining obligation under the terms of the said Promissory Note, I forgive
such obligation in full. However, if my wife has predeceased me and the remaining obligation
due by my daughter JANET RYLE GOMON under the Promissory Note is forgiven in full, to
aeaaoi i 9izai~»
equalize the shares for each daughter of mine or her issue, and take into the account the
forgiveness of the obligation of my daughter JANET RYLE GOMON under the Promissory
Note, including any income taxes incurred by my estate upon the forgiveness of such
obligation. Accordingly, if my wife predeceases me, I direct that before the division of the net
residue of my estate as provided in paragraph B. of Article Third next following, the balance
of the Note and any accrued interest, in addition to the amount of any income taxes incurred by
my estate upon the forgiveness of such obligation, shall be added to the net amount of the
residue of my estate available for distribution. The Trustee shall then divide the resulting sum
into a sufficient number of equal shares to provide one such share for each daughter of mine
who survives me and one such share for each daughter of mine who shall not survive me but
who has left issue surviving me. The aforesaid balance due shall then be subtracted from the
share which is to be distributed to my daughter JANET RYLE GOMON, if she is then living,
or to such of her living issue if JANET RYLE GOMON is not then living.
Third: Residue: I give, devise and bequeath all the residue of my estate, of
whatever nature and wherever situated, to the Trustee hereinafter named. If my wife,
MARGUERITE C. RYLE, survives me (and for purposes of this Article my wife shall be
deemed to have survived me if the order of our deaths cannot be established by proof), my
residuary estate, together with any other property which may be added hereto, shall be divided
into two separate shares, Share A and Share B.
Share A shall consist of the smallest fractional share of this trust estate which,
when added to the value of all other items in my gross estate which are eligible for the marital
deduction and which pass or have passed to my wife under other provisions of this Will (except
Share B) or otherwise, shall reduce the federal estate tax payable, after application of all
464407.1 9/24/99
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available credits (to the extent that their use will not increase death taxes on my estate), to the
lowest possible figure. In establishing such fractional share: (1) the computation shall be based
on final federal estate tax values and funding shall be determined on the date or dates of
distribution; (2) only assets that are eligible for the marital deduction shall pass to Share A;
and (3) any property which may at any time form part of this trust estate and which is not
subject to federal estate tax in my estate shall be disregarded in calculating the fractional shares
hereunder and shall be allocated to Share B, unless some other allocation is directed.
Share B shall consist of the balance of this trust estate after setting apart Share A
and after payment from this balance of death taxes as hereinafter provided. If my wife fails to
survive me, Share B shall consist of the entire trust estate. If my wife (or my wife's executor,
administrator, guardian or agent acting under a power of attorney) disclaims part or all of my
wife's interest in Share A, such disclaimed portion shall pass to Share B and my wife shall
retain my wife's interest in Share B as augmented by the disclaimed property.
A. MARITAL DEDUCTION SHARE A. The Trustee shall distribute Share A
to my wife, MARGUERITE C. RYLE, absolutely.
B. NON-MARITAL DEDUCTION SHARE B. The Trustee shall pay to my
wife, MARGUERITE C. RYLE, for life, the following from Share B:
a. The net income, quarterly or more frequently.
b. In addition, so much of the principal as the Trustee other than my
wife, in the Trustee's sole discretion, deems proper for the support, health and
education of my wife and my children. In the exercise of this power, the Trustee may,
but shall not be required to, consider the other resources of the beneficiaries.
c. In addition, so much of the principal as my wife, from time to time
during my wife's lifetime, requests in writing delivered to the Trustee, not to exceed in
any calendar year the greater of Five Thousand Dollars ($5,000) or five percent (5 %)
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of the value of the principal at the end of such year. Such right shall be
non-cumulative.
Upon the death of my wife, or upon my death if my wife fails to survive me, the
Trustee shall divide the balance of principal of Share B (subject to the provisions of Article
SECOND above, if my wife has predeceased me) into as many equal shares as there shall be
daughters of mine then living and daughters of mine then deceased represented by issue then
living and shall distribute one such share to each daughter of mine then living and one such
share, per stirpes to the issue then living of each such daughter then deceased (and for
purposes of this Will, where property is to be divided "per stirpes" into shares for an
individual's issue, the division shall begin with that generation which is in the nearest degree of
consanguinity to the individual and which has at least one person living at the time of the
division, and the first division shall be into as many equal shares as there are persons then
living in that generation and persons then deceased in that generation leaving issue then living).
If I have no issue living at the time the division into separate shares is directed, the Trustee
shall distribute one-half of the principal to the persons who would then be entitled to my estate
under the Intestate Laws of Pennsylvania then in effect had I died immediately after the time
when such distribution is directed and one-half of the principal to the persons who would then
be entitled to the estate of my wife under the Intestate laws of Pennsylvania then in effect had
my wife died immediately after the time when such distribution is directed.
For purposes of this Will, the words "daughter", "daughters" and "issue" shall
not include adopted persons and their issue.
Fourth: Minority Provision: Any income or principal which becomes
distributable to a minor (and for purposes of this Will, the term "minor" shall refer to a person
a6aaot.t 9izai99
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under age twenty-one) shall be held in a trust fund by the Trustee during minority. The
Trustee shall apply such amounts of income and principal as the Trustee, in the Trustee's sole
discretion, deems proper for the support, health, education and welfare of such minor and shall
accumulate any unexpended balance of income. Such amounts may be applied directly or may
be paid to the person with whom such minor resides or who has the care or control of such
minor, without the intervention of a guardian. The Trustee shall not be obliged to supervise or
inquire into the application of such amounts by such person, and the receipt of such person
shall be a complete release of the Trustee. Should any such fund, in the sole opinion of my
Executor or Trustee, be or become too small to warrant continuing such fund in trust, or
should its administration be or become impractical for any other reason, my Executor or
Trustee, in the Executor or Trustee's sole discretion, may pay such fund, absolutely, to the
parent or other person maintaining said minor or may deposit such fund in the minor's name in
an interest-bearing account in a financial institution of the Executor or Trustee's choosing,
payable to the minor at majority. If such minor dies before attaining age twenty-one, such
fund shall be distributed to such minor's estate.
Fifth: Disability Provision: If any beneficiary shall, in the sole opinion of
the Trustee other than such beneficiary, become mentally or physically incapacitated, the
Trustee may apply the share to which such beneficiary is otherwise entitled hereunder for such
beneficiary's support, health and welfare, directly, without the intervention of a guardian.
Sixth: Protective Provision: All principal and income shall, until actual
distribution to the beneficiary, be free of the debts, contracts, alienations and anticipations of
any beneficiary, and shall not be liable to any levy, attachment, execution or sequestration
while in the hands of my Executor or Trustee.
464401.1 9/24/99
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Seventh: Tax Clause: All estate, inheritance, succession and other taxes,
imposed or payable by reason of my death, and any penalties thereon, with respect to all
property comprising my gross estate for death tax purposes, whether or not such property
passes under this Will, shall be paid out of and charged generally against the principal of
Share B, after setting apart Share A, without apportionment or right of reimbursement;
provided, however, that no asset which is exempt from any state death tax shall be used for the
payment of such tax and no asset which is exempt from federal estate tax shall be used for the
payment of such tax or to satisfy any obligations of my estate. Such taxes shall be paid at such
time or times as may be deemed advisable.
Eighth: Powers of Executor and Trustee: In addition to the powers given by
law, my Executor and Trustee, and any successors, without any order of court and in the sole
discretion of the Executor and Trustee, may:
a. Retain any real or personal property, as long as deemed advisable.
b. Invest in any real or personal property without restriction to legal
investments.
c. Subscribe for stocks, bonds or other investments; join in any plan of
lease, mortgage, merger, consolidation, exchange, reorganization, foreclosure or voting
trust and deposit securities thereunder; and generally exercise all the rights of security
holders or employees of any corporation.
d. Register securities in the name of a nominee or in such manner that
title will pass by delivery.
e. Vote securities in person or by proxy, and in such connection
delegate discretionary powers.
f. Repair, alter, improve or lease, for any period of time, any real or
personal property, and give options for leases.
g. Sell at public or private sale, for cash or credit, with or without
security, exchange or partition any real or personal property, and give options for sales
or exchanges.
464401.1 9/24/99
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h. Borrow money from any person, including any fiduciary, and
mortgage or pledge any real or personal property.
i. Disclaim any interest or power granted to me under any instrument
or by operation of law.
j. Employ custodians, accountants, investment advisors and other
agents for non-discretionary matters and pay their proper charges in addition to
fiduciary commissions.
k. Pay administration expenses, including, without limitation, interest
on death taxes ("administration expenses") from principal or income, including income
otherwise payable to my surviving spouse or to charity; provided, however, that no
allocation of administration expenses to income shall be made that would prevent any
assets from otherwise qualifying for the federal estate tax marital deduction or the
federal estate tax charitable deduction.
1. Use administration expenses as deductions for federal estate tax
purposes or fiduciary income tax purposes or partly for each, without making
adjustments between principal and income in consequence of the exercise of such
discretionary power.
m. File joint income tax returns with my wife and pay a portion of such
tax, and consent to gifts made by my wife and pay a portion of any gift tax thereon.
n. Compromise claims.
o. Divide any trust hereunder, which division may be made on a non-
pro rata basis, into two or more separate and independent trusts and make any principal
distributions otherwise authorized hereunder from the trusts on a non-pro rata basis.
p. To the extent that any asset which is exempt from Pennsylvania
inheritance tax would otherwise be allocated to any trust hereunder containing property
not exempt from such tax, divide any trust hereunder into two trusts, in all respects
identical, except that one trust shall contain only property exempt from the
Pennsylvania inheritance tax and the other trust shall contain only property not exempt
from said tax; and my Executor and Trustee may make any principal distributions
otherwise authorized hereunder from the two trusts on a non-pro rata basis.
q. Add to the principal of any trust created hereby any property
received from any person by Deed, Will or in any other manner.
r. At any time merge any trust hereunder with any other trust held by
my Executor and Trustee, whether created by me or by any other person by Will or
Deed, if the terms of the trust are then substantially similar and held for the primary
benefit of the same person or persons.
46440 L 1 9/24/99
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s. Make distributions without the consent of any beneficiary, in cash or
in specific property, real or personal, or an undivided interest therein, or partly in cash
and partly in such property and do so, except as otherwise specifically provided
elsewhere herein, without regard to the income tax basis of specific property allocated
to any beneficiary (including any trust) and without making pro rata distribution of
specific assets.
t. Exercise all power, authority and discretion given hereby, after the
termination of any trust created herein until the same is fully distributed.
My Executor and Trustee may make, but shall not be required to make, any
adjustment of the amount distributed to any beneficiary who would have received a greater or
lesser amount if my Executor or Trustee had made a different or contrary decision in reference
to any of the above matters. I exonerate my Executor and Trustee from any liability arising
from any exercise or failure to exercise these powers, provided the actions (or inactions) of my
Executor or Trustee are taken in good faith.
Ninth: Appointment of Fiduciaries: I appoint my wife, MARGUERITE C.
RYLE, Executor of and Trustee under this Will. Should my wife, for any reason, fail to
qualify or cease to act as such during the administration of my estate or any trust, I appoint my
daughter PATRICIA RYLE MOWATT Executor of and Trustee under this Will. Should my
daughter PATRICIA RYLE MOWATT, for any reason, fail to qualify or cease to act as such
during the administration of my estate or any trust, I appoint my daughter JANET RYLE
GOMON Executor and Trustee under this Will. Each successor fiduciary named herein shall
serve with the same duties, powers and discretion as if originally appointed. No Executor or
Trustee named herein shall be required to give bond or furnish sureties in any jurisdiction.
If at any time there is a change in the Federal estate tax laws such that any trust
created hereunder will be includable in my wife's estate solely by reason of my wife's position
as sole Trustee with respect to such trust, then, and in that event, the successor Trustee named
464401.7 9/24/99
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herein shall become a Co-Trustee with my wife. In that event, no Trustee shall participate in
any discretionary decision relating to the right of such Trustee, as beneficiary, or the right of
such Trustee's children in or to principal or income or in any determination of such
beneficiary's incapacity. In such cases the decision of the other Trustee shall control.
Whenever the word "Trustee" is used in this Will, the word shall include both the singular and
the plural, unless the context indicates otherwise.
IN WITNESS WHEREOF I have hereunto set my hand and seal this z~~day of
<~;rn,,~,a. , 1999.
t_
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x (SEAL)
BERNARD G. RYL
SIGNED, SEALED, PUBLISHED and DECLARED by the above named
BERNARD G. RYLE as and for his last Will and Testament, in the presence of us, who, at his
request, in his presence and in the presence of each other, have hereunto subscribed our names
ti,
A DRESS
,,. .
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''~.LlDRESS '
464401.1 9/24/99 _(~_
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
ss
We, BERNARD G. RYLE, the testator, and Donn L. Snyder
and Maronetta F. Miller ,the witnesses, whose names are signed to the foregoing
instrument, being first duly sworn, do hereby declare to the undersigned authority that the
testator signed and executed the instrument as his last Will and that he signed willingly, and
that he executed it as his free and voluntary act for the purposes therein expressed, and that
each of the witnesses, in the presence and hearing of the testator, signed the Will as a witness
and that to the best of the witnesses' knowledge the testator was at that time over eighteen
years of age, of sound mind and under no constraint or undue influence.
Subscribed, sworn to and acknowledged before me by BERNARD G. RYLE,
the testator, and subscribed and sworn to before me by Donn L. Snyder
and rlaronetta F. Miller ,the witnesses, thisz5r~day of Se~lembcr, 1999.
~;
Notary Public
NOTARIAL SEAL
TERRI L. METIL. Notary Public
Harrisburg, Dauphin County, PA
AA f?ommission,Ex fires Jul 28, 2001
464401. 19Q4/99 _ ~ ~_
CODICIL TO LAST WILL ~~
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,, ~ ~~~
AND TESTAMENT OF ~ t~
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BERNARD G. RYLE - ~ ~~= `` ' _
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I, BERNARD G. RYLE, of Cumberland County, Pennsylvania, declare th~to
be a Codicil to my Will dated September 25, 1999.
FIRST: I hereby revoke Article Second and Article Third of my said Will
in their entirety and lieu thereof substitute the following:
"Article Second: Indebtedness: My wife and I conveyed the title to
our real property located in Alexandria, Virginia, to our daughter, JANET RYLE
GOMON, for the amount of $240,000, said consideration represented by a Promissory
Note in said amount. If at the time of my death my daughter, JANET RYLE GOMON,
has any remaining obligation under the terms of the said Promissory Note, I forgive
such obligation in full.
I loaned to my daughter and her husband, PATRICIA RYLE MOWATT
and WILLIAM E. MOWATT, the sum of $175,000, said consideration represented by
a Promissory Note in said amount. If at the time of my death, my daughter and her
husband, PATRICIA RYLE MOWATT and WILLIAM E. MOWATT, have any
remaining obligation under the terms of the said Promissory Note, I forgive such
obligation in full.
Article Third: Residue: I give, devise and bequeath all the residue
of my estate, of whatever nature and wherever situated, as follows: the Executor shall
75A31.3 IU/11/W
divide said residue into as many equal shares as there shall be daughters of mine then
living. If the Executor divides the balance into two shares and debt forgiveness has
occurred in Article Second for either or both of my daughters, the Executor shall then
adjust the value of each of the two equal shares in the following manner: The share for
the daughter which had the larger amount of debt forgiven under Article Second shall
be reduced by the result of debt forgiveness that occurred under Article Second for such
daughter minus the debt forgiveness that has occurred under Article Second for the
share for her sister and divide the result by two. The share that passes to my daughter
with the lesser amount of debt forgiveness under Article Second shall be increased by
the amount my other daughter's share has been decreased. After the shares have been
equalized, if at all, the Trustee shall distribute one such share to each daughter of mine
then living. If both my daughters have predeceased me or die within thirty days of my
death, the Trustee shall distribute my estate as follows: one-third to my son in law,
William E. Mowatt, per stirpes; one third to the American Red Cross of the
Susquehanna Valley, Post Office Box 5740, Harrisburg, Pennsylvania 17110, in
memory of my wife, Marguerite C. Ryle and me, to be made part of the permanent
endowment and all income to be used for the benefit of the Youth Program; one-third
to the American Red Cross (National) c/o of the Director of Gift Planning, in memory
of my wife Marguerite C. Ryle and me.
For purposes of this Will, the words "daughter", "daughters" and "issue"
shall not include adopted persons or stepchildren and their issue."
SECOND: In all other respects I ratify, confirm and republish my Will dated
September 25, 1999.
75831.3 ]0/11/00
-2-
IN WITNESS WHEREOF I have hereunto set my hand and seal this 1 ~ ~ ~
day of October, 2000.
r~-r't f G -~,._.. (SEAL)
BERNARD G. R LE
SIGNED, SEALED, PUBLISHED AND DECLARED by the above named
BERNARD G. RYLE, the testator, as and for a Codicil to the testator's last Will dated
September 25, 1999, in the presence of us who, at the testator's request, in the testator's
presence and in the
~(, ,,
~WI ESS
of each other, have hereunto subscribed our names as witnesses.
~_.
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ADDRESS
75831.3 10/11/W -3-
COMMONWEALTHOF PENNSYLVANIA
COUNTY OF DAUPHIN
ss
We, BERNARD G. RYLE, the testator, and Maronetta F. Miller
and Dann T,_ Sn~raPr ,the witnesses, whose names are signed to the foregoing
instrument, being first duly sworn, do hereby declare to the undersigned authority that
BERNARD G. RYLE, the testator, signed and executed the instrument as and for a Codicil to
the testator's last Will dated September 25, 1999, and that the testator signed willingly, and
that the testator executed it as the testator's free and voluntary act for the purposes therein
expressed, and that each of the witnesses, in the presence and hearing of the testator, signed
the Codicil as a witness and that to the best of the witnesses' knowledge the testator was at that
time over eighteen years of age, of sound mind and under no constraint or undue influence.
W rtness
Subscribed, sworn to and acknowledged before me by BERNARD G. RYLE,
the testator, and subscribed and sworn to before me by Maronetta F. Miller and
Donn L. Snyder ,the witnesses, this 12th day of October, 2000.
3
Notary Public
NOTARIAL SEAL
TERRI L. METIL. Notary Public
Harrisburg, Dauphin County, PA
758313 10/ 1 U00 -4-