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Home My WebLink About06-11-09f - r;~ _ ~^~~~ ~'c1 i 1 ~ 1.. ~ .. .. _. ~. .. I ..._ ... ..(. '. ~ ~. f 2009 JUN ! I AM is 5 a c~~RK ol= LAST WILL AND TESTAMENT QRPHAN~S CQURT CUMBERL,~Nt? CO.. P/k~ OF ERIKA K. CAWLEY I, ERIKA K. CAWLEY, of Allegany County, Maryland, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this my Last Will and Testament, hereby revoking any and all former wills, testaments or codicils heretofore by me made. FIRST: Unless otherwise directed herein, my Personal Representative shall pay, or extend and renew out of my residuary estate without apportionment, all of my debts that are allowed as claims against my estate and all of the expenses of administration of my estate, other than death taxes, as my Personal Representative determines to be in the best interest of my estate and beneficiaries; provided, however, my Personal Representative shall have complete discretion as to what assets of my residuary estate shall be used or sold to pay such debts and/or expenses, and shall not be bound by any law or apportionment statute requiring the use or sale of any type or category of property in priority to any other. Unless otherwise directed herein, my Personal Representative is specifically given the right to renew and extend, on any terms and conditions that my Personal Representative deems best, any secured or unsecured debt or charge existing at the time of my death, including any mortgage on my home or other real property. Further, I direct that my funeral expenses, the cost of having earthly remains decently buried and perpetual care of my burial lot, and the cost of the erection of a suitable marker at my grave (or such of these as have not otherwise been provided for during my lifetime) shall be paid from my residuary estate. The amount to be expended for all burial arrangements shall be free of any limitation imposed by law and shall not require an order of court. ~~~` ,j , . l ~ , l` ~~`~ (SEAL) ERIKA K. CAWLE LAST WILL AND TESTAMENT OF ERIKA K CAWLEY Page -2- As used herein, "death taxes" refers to all estate, inheritance, transfer, succession, legacy or other death taxes of any kind, as well as the generation-skipping transfer tax on direct skips which is assessed by reason of my death after allocating my individual exemption amount, excluding, however, any generation-skipping transfer tax caused by a disclaimer or a direct skip from a trust not established hereunder. "Death taxes" shall include any interest or penalty on such taxes, if any. Unless otherwise directed, my Personal Representative shall pay all death taxes attributable to property which passes under my Will as my Personal Representative determines to be in the best interest of my estate and my beneficiaries, other than any generation-skipping transfer tax caused by a disclaimer or a direct skip from a trust not established hereunder. My Personal Representative may, but is not required to pay out of my residuary estate any death taxes attributable to property which does not pass under my Will, if my Personal Representative determines such action to be in the best interest of my estate and by beneficiaries, or my Personal Representative may seek contribution or reimbursement of death taxes on such property from any beneficiary on whom liability for such taxes may be imposed by law. My Personal Representative shall have complete discretion as to what assets of my residuary estate shall be used or sold to pay death taxes and shall not be bound by any law or apportionment statute requiring the use or sale of any type or category of property in priority to any other. Any state or federal income taxes imposed upon or directly chargeable to the income of my estate earned and received during the period of its administration shall be apportioned to, retained, withheld or deducted by my Personal Representative from the shares of all distributees or beneficiaries then having an interest in or right to such income, in such reasonable and equitable manner as my Personal Representative, in the Personal Representative's sole discretion, shall determine. Any such determination shall be conclusive and binding on all persons interested in my estate and in any trust created or arising under my Will. c- ~ c:~, `,'~ ~, '~ ~ ~ ~ (SEAL) ERIKA K. CAWLE~ LAST WILL AND TESTAMENT OF ERIKA K. CAWL,EY Page -3- SECOND: I hereby give, devise and bequeath my entire estate, whether real or personal, unto my children Barbara Cecil, Susan Hartley, and John Markey, to share and share alike. In the event any of my children predecease me, I hereby give and bequeath that child's portion of my estate unto that child's child/children, should any they may have, per stirpes. In the event my son John predeceases me and that he is without children, his share shall go to his Wife, Lisa, provided they are then living together as Husband and Wife; otherwise, his share shall be divided equally between my other children and if either or both are deceased, the share of such deceased child shall pass to her descendants per stirpes. In the event that either of both of my daughters predecease me the share of my deceased daughter shall pass to her descendants per stirpes and if none to my surviving children or if deceased to such child's descendants per stirpes. THIRD: I hereby appoint my daughter, Barbara Cecil, to be the Personal Representative of this, my Last Will and Testament. In the event my daughter should be unable or unwilling to act as such Personal Representative, Ihereby appoint my son, John Markey, to be such Personal Representative. FOURTH: (a) No bond or surety shall be required of my said Personal Representative. (b) For purposes of administration of my estate, I hereby authorize and empower my Personal Representative to sell (at public or private sale), lease, mortgage, exchange or otherwise dispose of any part of my estate, real or personal, and to invest and reinvest my estate or any part thereof as to said Personal Representative may seem proper to carry out the purposes of this, my Will, and to compromise and settle all claims for or against my estate, and my Personal Representative may take any such action without the necessity of an orde- of the Orphans' Court or of any court whatsoever, at any time, and deliver such deeds or other documents as may be necessary to convey or otherwise l t= G~~'`~ ` (SEAL) ERIKA K. CAWLE LAST WILL AND TESTAMENT OF ERIKA K. CAWLEY Page -4- dispose of such property to the purchasers or other persons dealing with my Personal Representative, and no person so dealing with my Personal Representative, shall be required to see to the application of the money arising from such transaction. (c) I hereby authorize my Personal Representative, in his sole discretion, to pay, in the case of the life interest of any beneficiary, inheritance tax on such life estate or interest and the remainder interests immediately upon my death, if, in his sole discretion, such action is deemed to be advisable. (d) I hereby confer upon my Personal Representative full and complete power and authority to borrow such sum or sums as he may deem advisable to complete the settlement of my estate from whomever he is able to obtain such funds, and at such rate of interest and on such terms as, in his sole discretion, may seem advisable. (e) My Personal Representative may make such elections under the tax laws applicable to my estate as he may deem expedient and desirable with respect to the taking of deductions for commissions, counsel fees and other costs of administration. My Personal Representative shall not be required to make any compensating adjustments between principal and income, nor with respect to any bequest or devise hereunder. The act:?on of my Personal Representative with respect to elections made shall be conclusive and binding upon all parties. (f) Whether or not my estate is indebted to any person or entity, my Personal Representative shall have all powers over my estate that trustees are given by my Will or by the laws of Maryland, in addition to all other powers given to person«1 representatives under Maryland law. (g) My Personal Representative's decision concerning the exercise of any discretion, power or authority granted by my Will shall bind my estate and every beneficiary of my estate. I recognize the legal and factual complexity involved in administering an estate. Accordingly, any individual, as -, -t~.__. ~:~• ~t2C~ :~-~ (SEAL) ~'~ ERIKA K. ~CAWLE LAST WILL AND TESTAMENT OF ERIKA K. CAWLEY Page -5- opposed to a corporate, Personal Representative under my Will shall be fully protected and shall not be liable to my estate for any action or inaction my Personal Representative takes in good faith and after exercising reasonable judgment, unless such action is willfully fraudulent or grossly negligent. .. ,~- WITNESS my hand and seal this ~ ~ "' day of /~l~l-~'c~, , 2000. ~-~~, ~• L.GG~.`-~=~ (SEAL) ERIKA K. CAWLEY :% The aforegoing Will, consisting of five (5) typewritten pages, each of which was signed by the Testatrix, Erika K. Cawley, was signed, sealed, published and declared by the above named Testatrix, in the presence of us, who, at her request, in her presence, and in the presence of ~~~- each other, have hereunto subscribed our names as attesting witnesses, this 1 7 day of ~~ ~ , 2000. 7 Address i r ~ ~ ~ _,(..~.' ~ t~~-~ ~~ T /~o Cu''L'JI,C~-~ 1,c1 ~" Vii' , ~~'l ~ ~ l ~~ ~' ~. ~''~ ~ 1' ,~, c i t.~-. ) ~" T1 .:. ~-~ ~~ Address ~_~ ~. _.~~~ `1~ ~ !~'t~% ~°'' r,~t,t-~___ /l- ~,