HomeMy WebLinkAbout08-06-09PETITION FOR PROBATE AND eGRAI~T OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of Nicholas Connolly
also known as
COUNTY, PENNSYLVA•Nf IA
File Number 21-09- ~~ ~`i'
,Deceased Social Security Number 173-22-3821
Mary B. Connolly
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE `A' or 'B' BELOW.•)
QX A. Probate and Grant of Letters Testamentaryand aver that Petitioner(s) is/are the Executrix named in the
last Will of the Decedent, dated 04/08/Z004 and codicil(s) dated
State relevant c~cumstances, s.g., renunciation, death of executor, etc.
Except as follows, Decedent did not marry, was not divorced, and did not have a child boor 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:
No exceptions
B. Grant of Letters of Administration.......... .. _ _ s_
app ica e, en er: c..a.; ..n.c..a.; en e ~ e; uran a sari a; uran a moron e
Petitioner(s~ after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirsf/f
Adminlstratvon, c.t.a. or d.b.n.c.t.a., enter date of IMII !n Section A-above and complete list of heirs.)
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(COMPLETE 1N ALL CASES:) Attach additional sheets.if necessary: .~"
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at
418 Deerfield Road, Camp Hill, Lower Allen Township, Cumberland, PA 17011
(List street address, town/city, township, county, state, zip code)
Decedent, then 80 years of age, died on 07/14/2009 at M.S. Hershey Medical Center Derry Twp., Dauphin County, PA
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) Ail personal property $ 250,000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
Signature Typed or printed name and residence
Mary B. Connolly 418 Deerfield Road
;f"? ~~~~' Camp Hili, PA 17011
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Form RW-0Z Rev. f0-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA } SS
COUNTY OF Cumberland }
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of
the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Swom to or affirmed and subscribed
-}-~.--
before me this day of
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For the Register
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Mary ~. Connolly
Signature of Personal Representative
Signature of Personal Representative
File Number: 21-09- (11
Estate of Nicholas Connolly ,Deceased
Soci Security Number: 173-22-3821 Date of Death: 07/14/2009
AND NOW, Q , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Mary B. Connolly
in the above estate
and that the instrument(s) dated 04/08/2004
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters .......................................... $ ~~ ~ ~ • ~~
Short Certificate(s) ........................ $ ~ . ()(,l
Renunciation(s) ............................. $
~I l.l._ $ 1~. o~
`~~-~rr~1~ $
$ ~
$
$
$
$
$
TOTAL .................................. $ . ~~ ~~ . ~c~
At
Supreme Court I.D. No.: 38601
Timoney Knox, LLP
Address: P.O. Box 7544
400 Maryland Drive
Fort Washington, PA 19034
Telephone: 215/646-6000
Form RW-02 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2
Attorney Name: George M. Riter Esq.
HIQ5.RQ5 ~,~' /O;IOiI
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
~ Fee for this certificate, $6.00
P 15477®03
Certification Number
I 'REV 1112006
/ PRINT IN
MANENT
1CK INK
COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and examples on reverse) STATE FILE NUMBER
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1. Name of Decedent (First, middle, last, suffix) 2. Sex 3. Social Sewriry Number 4. Date of Death (Month, day, year)
Nicholas Connolly. Male - ~~
5. Age (Last &rtlxlay) Urxler 1 ear Under 1 de 6. Dale of Birth (Month, de ,year) 7. Binhpiece City and stale or f rxxettry 6a. Place of Death (Check onl one)
80 Ma,n«s Days Flours Mimnu HOSpdel: Other:
vre. December 30, 1928 Philadel his PA ~Inpedent ^ER/Outpatient ^ooA ^NursingHOme ^Residence ^Other-speciry:
' ltb. County of Death f>c. City, Boro, Twp. of Death 8d. Facility Name (Knot Irtsdbrtidt, give street end number) 9. Wes Decedent of Hispanic Origin? ~] No ^ Ves 10. Race> American Indian, Black, White, etc.
• Dauphin Derry Twp. M.S. Hershey Medical Center (,~ ~~
Ri (speaM
pugrto
can, etc.) white
11. Deceden's Usual tan Kind of work d one d most of w1e. Do rid state 12. Was Decedent ever in the 13. Decedent's Education (Specify only higheal grade comple ted) 14. Marilel Status: Married, Never Married, 15. Surviving Spo use (If wife, give maiden name)
Kind ~ / I
Salesr"o`~essiona A
t
t'
i U.S. Armed forces? Elementary /Secondary (0-12) College (1.4 or 5+) W~'e'~~ Divorced (Specify)
u
omo
veeta (~Vea ^No 12 2 Married Mar Birnbrauer
• 16. Decedent's Mailing Address (Street, sty /town, state, zip code) Decedent's Dd Decedent rrv~r
Actual Residence 17a. state Pennsvlvania Uve in a 17c. t,d Yes, Decadent Lived kt t.q«ti~~~~o~ Twp.
418 Deerfield Road
• Township?
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Cumberland 17d
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17b.Counry
CirylBoro
16. father's (Firer, middle, lest, sudix) 19. Mother's Name (Bret, middle, maiden sumeme)
Nicholas Connoll Helen Fonash
20e. InfartnanYs Name (Type /Print) 20b. Informant's MaiNng Address (Street, ay I town, state, zip cads)
Mary Connolly 418 Deerfield Road, Cam Hill, PA 17011
21 a. Medrod of Disposition t ^ Cromelion ^ Donation 21 b. Date of Dispositbn (Month, day, year) 21 c. Place of Disposkion (Name of cemetery, crematory or other place) 21 d. Locetion (City /town, slate, zip code)
^ ~r8urie Rertavaliromslete ~ w~raCre ~na~Do~eNC~~Yhorized^Yes^No July 21,2009 Indiantown Gap National Cem. Hanover Twp. , PA 17003
~ 228. Signs or acting u such) 22b. License Nrsnbar 22c. Name end Address d Far~iry
-
• FD 013 340 L Parthemore FH&CS, Inc., PO Box 431, New Cumberland, PA 17070-0431
ConlDlete Items 23et when certllykrg 23e. To the beat of my knowledge, death occurred at the time, date end place stated. (Signemre and dde) 23b. License Number 23c. Date Signed (Monts, day, year)
physiden h not evaNeWe el lime d death b
canny cause of rluth.
•
Hems 24.26 must be wmpleted by person
• 24. Time of Death 25 Date txtced Dsad (Month, day, year) 26. Was Case Referred to Medical Examiner /Coroner for a Reason Other than Cremation or Donation?
who proraurxxra death. h
', ~ V M.
~ ~
^ Yes ^ No
CAUSE OF DEATH (See Instruct a and s amp4ea) 1 Approximate fnlarval: Part II: Emer other ' 26. Did Tobacco Use Contribute to Death?
Item 27. Pan I: Emer the ~jp p(,!>yEO~q -diseases, kryuries, or CorrpNcetions -that directly caused the death. DO Tenter terminal events such as cardiac arrest, ~ Onset to Deets but not resuPo m the ands cause
rig riying given in Pan I.
^ Vas ^ Probabry
respirelay arrest, a ventrfctdar fibrnletan a4ntorA showing the etiology. List only one cause an each Nne.
t
~
'
t ^ No nknown
AIMEDIATE CAUSE (F
srel diuase or r
COrldnlOn reaUldrl
in death)
y' .Q 1 .
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y- n
A 29. II Female:
g
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id-, Y 1~. ^
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D to (or ea a e0rlaegUenCe of): Not pregnant within past year
Ny fist corMidorts, n any b. ~
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h
Ii
bd
ta ^ Pregnant at time of death
q t
e
on
e cease
e e. Due to or es a con uence o : t
Emer the UNDERLYING CAUSE ( u4 ~ r Not nant, but r
^ Pra9 p egnant within 42 days
Idieease or fnpxy that k ~ sled the c r
rHS ruuni to death LAST of death
•
Due to (or es a consequence ot): ~ ^ Not pregnant, but pregnant 43 days to 1 year
• a i before death
^ Unkrawm it pregnant within the past year
3178. Wu en Autopsy 30b. Wero Autopsy Fadings 31. Manner of Death 328. Date of Injury (Month, day, year) 32b. Describe How Injury Oceurted 32c. Place of Injury: Home, Farm, Street, Factory,
Penormed7 Available Prbr to Compbtan
Natural ^ Homaide Office Building, etc. (Specify)
of Cause of Death?
^ Vas ^ No ^ Yes ^ No ^ Accident ^ Pending Investigation 32d. Time of Injury 32e. Injury at Work? 32f. If Trenspona' t ' ry ) 32g. Location of Injury (Street, city /town, state)
^ Sukide ^ Could Not be Dekrmined ^ Yes ^ No ^ Driver I Ope for e r ^P Irian
M ^ Odter • Specify
338. Cenlfler (Cfbdc Only one) 33b. SI a Tide Certifier
'
• CartKYMq physklart (Physician certifying cause of death when enodrer pfryskntiart has pronounced dulh and completed Item 23) -
To tlw bat of my knowlarige, death accurnd dw to the cause(s) rmd manner u stetsd_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^
• Pronouncing and artlfying physklan (Physkian both pronouncktg death end ceniying to cause of death) 33c. license Number .Date (Month, day, year)
To fhe beat of my knowkdgs, death oceurrod N the time, daM, end place, and due to the cause(s) end manner u stetsrL _ _ _ _ _ _ _ _ _ _ _ .. _ _ _ _ ..
• Ahdlr:al Exmtlnar / CororNr ~,
' ~ ~ ~ ' L
On tM bub of szaminaNon and / or invutigsdon, In my oplnkn, death occurred at the Hma, date, end place, and due to the cause(s) end msnner u stated.. ^ •
'
~ ante and Adtlreas of Person Who Completed Cause of Death (item Type / P
' .S. Her hey Medical Ctr.
35. Registrar
s lure aria a rid N
- Lot I ~ I ~ I ~ I ~ I 36. Fibd anth, day, year)
~' /J {
~~ U (, ~ ~ ~ Hershey, PA 17033
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 be forwarded to the State Vital
Records Office for permanent filing.
d`~ JU 2 0 09
Local Registrar Date Issued
U Disposition Permit No. O ~./ ~-~+
LAST WILL AND TESTAMENT
OF
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..~ NICHOLAS CONNOLLY
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~ ` , OLAS CONNOLLY, residin in Cam Hill, Cumberland, Penns lvania, revoke m rior
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~lls and~~icils and declare this to be my Last Will and Testament.
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FIRST: I direct the payment of my debts and the expenses of my last illness and funeral from my
estate as soon after my death as conveniently may be done.
SECOND: A. I direct distribution of certain items of tangible personal property pursuant to any
list to be made by me, signed and dated after the execution of this Will.
B. I give all other articles of personal or household use, including automobiles, and all insurance
on that property, to my spouse, MARY B. CONNOLLY, if she survives me by thirty days. If my spouse
does not so survive me, I give all such property and insurance to my issue who survive me, to be divided
among them as they may agree or, in the absence of agreement as my Executor may think appropriate;
provided that articles which my Executor considers unsuitable maybe sold and the proceeds added to my
residuary estate. My Executor may, without further responsibility, distribute property passing to a minor
under this article to the minor or to any person to hold for the minor.
THIRD: Credit Shelter Trust. I give to my Trustees hereinafter named, to hold in trust
(hereinafter referred to as the "Credit Shelter Trust"), in addition to all assets received directly by my
Trustees that are excludable from my gross taxable estate for federal estate purposes, assets of a total
value equal to the largest amount, if any, that can pass free of federal estate tax by reason of Section 2010
(a) of the Internal Revenue Code of 1986, or any corresponding provision of future law in effect at my
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death, commonly referred to as the unified credit/exemption equivalent and any other credits available for
federal estate tax purposes except:
i. The state death tax credit to the extent that the use thereof would require an increase in the
amount of state death taxes paid; and
ii. The credit for tax on prior transfers to the extent that the credit arises from transfers to me
from individuals who die after me.
Such later amount shall be reduced by the value for federal estate purposes of any gifts which do
not qualify for the marital deduction gift made by me under this Will or otherwise, and further reduced by
an amount equal to the sum of all charges to principal, except death taxes (since I direct hereafter that
such death taxes be paid from this trust), that are not deducted in computing my federal estate tax.
I recognize that depending upon the amount of bequests under my Will, my non-testamentary
dispositions, the amount of state death taxes and administration expenses, and other factors, this trust
might be nonexistent or might consume all estate assets, so that no assets remain to pass outright to my
spouse pursuant to the residuary gift.
The assets of the Credit Shelter Trust shall be held, administered and distributed on the following
terms:
CREDIT SHELTER TRUST
A. Trust for Spouse's Life. If my spouse, MARY B. CONNOLLY, survives me by thirty
days, then during her lifetime:
1. The net income shall be paid to her or applied directly for her benefit in quarterly or
other convenient installments.
2. The Independent Trustee may use such principal as it, after considering all other
available resources, deems appropriate for the support, education (including private
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and higher education) and health care of my spouse and issue.
3. If this Trust is named as beneficiary of a qualified plan or IRA, Trustees shall annually
pay to my spouse for life (a) all income earned by the Trust on the distributed portion
of the qualified plan or IRA, and (b) all income earned on the undistributed portion of
the qualified plan or IRA. Trustees shall have the discretion to withdraw from such
qualified plan or IRA such additional amounts, if any, to comply with the minimum
amount required by the internal Revenue Code regarding mandatory minimum
withdrawals.
B. Famil.~Trust. Upon the death of the survivor of my spouse and myself, the then-
remaining principal shall be divided into equal shares, so that there will be one (1) share
for each child of mine who is then living or then dead. My Trustee shall distribute each
child's share outright and free of trust. If a child should fail to survive the survivor of my
spouse and myself, but be survived by then-living issue, then that deceased child's share
shall be administered in accordance with sub-paragraph C. below.
C. Trust for Grandchildren. The share for the then surviving issue of a deceased child, shall
be divided into as many shares as there are then surviving issue of said deceased child, to
be held IN TRUST as follows:
1. During each grandchild's lifetime the net income from his or her share shall be paid to
him or her or applied to or for his or her benefit as the Independent Trustee in its sole
and absolute discretion determines;
2. As much of the principal of his or her trust as the Independent Trustee may from time
to time think desirable -taking into consideration funds available from other sources -
for the health, support, maintenance or education (including private, college and
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higher education) of that grandchild either shall be paid to that beneficiary or shall be
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applied directly for those purposes;
3. Each grandchild shall have the right of withdrawal, to be exercised in writing
delivered to the Trustee, up to one-half (1/2) of the principal of his or her share at any
time after reaching twenty-seven (27) years of age, and the entire principal balance
thereof at any time after reaching thirty-two (32) years of age. (The maximum amount
subject to any particular periodic withdrawal before a grandchild reaching thirty-two
(32) years of age, shall be based on the market value of the principal of that
grandchild's share at the time of his or her first written request for withdrawal);
4. At each grandchild's death, any then-remaining principal of his or her trust shall be
paid to one or more persons or organizations -excepting only his or her estate, his or
her creditors and the creditors of his or her estate - on such terms as he or she may
appoint by Will making specific reference to this power of appointment; or in default
of appointment or insofar as it is not effective;
5. To his or her then-living descendants, per stirpes; or, in default of such descendants;
6. To my then-living descendants per stirpes (any portion thus accruing to a beneficiary
for whom principal is then held in trust hereunder to be added to and thereafter treated
as a part of such principal: or, in default of such descendants;
7. To the persons who would be entitled to inherit from me under the Pennsylvania
intestate laws as if I had then died intestate.
8. The share of a beneficiary more remote than a grandchild shall be distributed to such
beneficiary outright, subject to the provisions governing distributions to minors.
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9. In the event a child should predecease me and not be survived by issue, then that share
shall be added to and proportionately increase the other shares as provided for under
Paragraph THIRD:
FOURTH: Residue. I give the residue of my estate, both real and personal, together with all
insurance relating thereto, to my spouse, MARY B. CONNOLLY, if she survives me by thirty days; if she
does not so survive me, then I give the same to my Trustees, hereinafter named, to be held in trust in
accordance with Paragraph THIlZD: B. Family Trust. herein.
FIFTH: Beneficiaries Under Twenty-One or Disabled. If any beneficiary is under twenty-one
(21) years of age or is, in my fiduciary's opinion, disabled by advanced age, illness or other cause,
including substance abuse or addiction, and becomes entitled to any income or principal from my estate:
A. As much of such income or principal as my fiduciary may from time to time think
desirable for that beneficiary's welfare, comfort, support, education or emergency needs
shall be applied for those purposes; and
B. The balance of such income and principal shall be held as a separate trust for the
beneficiary and, subject to my fiduciary's power to apply both income and principal of
such trust for the beneficiary in the same manner as under Paragraph A, shall -together
with any net income therefrom - be kept invested and paid to the person under twenty-one
(21) years of age when he or she attains the age of twenty-one (21) or in the fiduciary's
opinion becomes free of disability.
Any funds to be applied under this article either shall be applied directly or shall be paid to the
beneficiary, to a parent or guardian of the beneficiary or to any person or organization taking care of the
beneficiary. My fiduciary shall have no further responsibility for any funds so applied or paid.
Irrespective of the foregoing, all net income from any funds held hereunder, in excess of the then
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applicable credit shelter/exemption equivalent amount, which then qualify as a marital gift, for the benefit
of my spouse shall be paid to or applied for the benefit of my spouse at least annually.
C. Accrued Income. Upon the death of a beneficiary of a trust in Residue, income accrued or
on hand which would, under customary rules of trust accounting, be paid to the
beneficiary's estate shall instead be held or distributed as if it had accrued or been received
after the beneficiary's death, except as applies to the Marital gift.
D. Disclaimers. Any principal of the Marital gift disclaimed by my spouse and any other
property or interest in property which are added to Residue by reason of a disclaimer by
my spouse shall be held or distributed under this item to or for the benefit of all persons
interested in Residue, including my spouse, except to the extent that the disclaimer
expressly relates also to interests in Residue.
E. In addition to the situations addressed at the beginning of this paragraph, the fiduciary
may postpone any distribution of income and/or principal otherwise required to the then
beneficiary and may postpone the termination of a trust which might otherwise be
required if, in the Trustee's sole and absolute discretion, the Trustee determines that the
postponement is consistent with my overall intent to provide for and protect the
beneficiary. In exercising such discretion, I authorize and approve the Trustee's use of
such information as may be available and pertinent, such as (a) the beneficiary's
significantly impaired mental or physical health; (b) a pending divorce; (c) the
beneficiary's present or imminent financial difficulty; and (d) a significant tax
disadvantage in making a distribution, if the Trustee determines that a distribution is not
necessary for the basic health and support needs of the beneficiary. Any postponement
may be continued or renewed by the Trustee from time to time, up to and including the
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entire lifetime of the beneficiary. The Trustee's exercise of discretion in these
postponements will be final and binding upon all parties interested in this Trust. No
trustee will at any time be held liable for any action taken or not taken pursuant to this
paragraph, nor will any Trustee be required to take any affirmative action pursuant to it. If
there is more than one acting Trustee and the Trustees are not in agreement with respect to
these provisions, the decision of the disinterested and independent Trustee will control.
SIXTH: Allocation Between Trusts. Subject to any contrary direction in the governing
beneficiary designation, any proceeds of insurance on my life or other funds which are payable to the
Trustee under my Will shall be held under the provisions governing Residue, except that my Trustee shall
transfer to the Credit Shelter Trust such amount, if any, as my Executor certifies is needed in order to
complete the amount of the gift to the Credit Shelter Trust. Any such transfer shall be made only from
property which qualifies for the gift and so as to maximize the funding of the Credit Shelter Trust.
SEVENTH: Protective Provision. To the greatest extent permitted by law, before actual payment
to a beneficiary, no interest in income or principal shall be (i) assignable by a beneficiary, or (ii) available
to anyone having a claim against a beneficiary before actual payment to the beneficiary. Exceptions may
be made if all my Trustees, in their sole discretion, approve.
EIGHTH: Death Taxes. All estate and inheritance taxes and interest and penalties thereon
payable by reason of my death with respect to property comprising my gross taxable estate, whether or
not passing under this Will, shall be paid from the principal of my residuary estate. However, life
insurance and qualified retirement plans included in my gross taxable estate, including but not limited to
Individual Retirement Accounts (IRA's), 401(k) plans, 403(b) plans, money purchase and profit sharing
plans shall bear their proportionate share(s) of said taxes together with any interest and penalties.
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NINTH: Powers of Fiduciaries. In addition to powers given them by law, all fiduciaries acting
under this Will, whether or not named herein, shall have the following discretionary powers applicable to
all property held by them, effective without court order and until actual distribution:
A. Retain/Invest: To retain and to invest in all forms of real and personal property, including
common trust funds, mutual funds and money market account deposits including those
operated or offered by a Corporate Trustee, if one is then serving, or any affiliate of it,
regardless of (i) any limitations imposed by law on investments by Trustees, (ii) any
principle of law concerning delegation of investment responsibility by Trustees or (iii) any
principle of law concerning investment diversification;
B. Compromise: To compromise claims and to abandon any property which, in my
Executor's or Trustee's opinion, is of little or no value;
C. Capital Changes: To operate any business; to cause or join in any incorporation,
partnership, or other form of association, recapitalization, merger, reorganization,
liquidation or voting trust plan; to deposit investments under agreements and pay
assessments; to delegate discretionary authority with respect to any of such actions and
generally to exercise all rights of investors; (in the discretion of the Executor or Trustee,
to elect, employ, and compensate any person, including an individual fiduciary or benefi-
ciary hereunder, as an officer, director, partner, or employee of any business);
D. Sell/Lease: To exchange or sell real or personal property, publicly or privately, for such
prices and on such terms as they deem proper, to lease for any term regardless of the
duration of the trusts hereunder; and to give options for these purposes without obligation
to repudiate them in favor of a higher offer;
E. Loan: In the discretion of the Independent Executor or Independent Trustee, to lend
money or any other property held hereunder to any person or entity, including a fiduciary
or beneficiary hereunder, with or without collateral and upon such other terms as such
Executor or Trustee deems proper;
F. Buy/Sell: To buy and sell options traded on recognized securities exchanges; provided
that the costs of the options shall be charged, and the proceeds credited, to income;
G. Business Interest: To sell all or any part of any interest in any business to any individual
fiduciary or beneficiary hereunder for such prices and on such terms as the fiduciary
deems equitable;
H. Borrow: To borrow money (and to cause any business organization in which any trust
hereunder has an interest to borrow money), including (in both cases) the power to borrow
from the independent fiduciary, and to mortgage or pledge as security;
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Discretion: To exercise any discretionary powers to use principal or income for a
beneficiary by paying the beneficiary's expenses directly or by distributing funds to any
person or organization they select to disburse the same for the beneficiary's exclusive
benefit; in like manner to pay or distribute principal or income to which any beneficiary is
entitled the Independent Trustee deems the beneficiary incapable of receiving the same
by reason of any illness, infirmity, substance abuse, or legal incapacity; and to distribute
to a minor notwithstanding minority any principal or income which they have discretion
hereunder to use for the minor;
J. Nominee: To hold investments in the name of a nominee;
K. Assumption: To assume continuance of the status of any beneficiary with reference to
death, marriage, divorce, illness, incapacity or other change in the absence of information
deemed reliable without liability for disbursements made on such assumption;
L. Allocate: Except with respect to the Marital Gift under Residue, to allocate items of
receipt or disbursement between principal and income as the Executor or Independent
Trustee deems equitable regardless of the character given such items by law;
M. Options: To exercise any option permitted by law to use deductions for estate or income
tax purposes as my fiduciary deems advantageous for overall tax reduction even though
the effect maybe to increase income at the expense of principal or vice versa, and to make
or not to make adjustments with respect thereto as my fiduciary deems appropriate in view
of the election made and the amounts involved;
N. Employ Others: To employ and compensate such brokers, advisors, professional persons,
and other agents as the fiduciary deems advantageous or as I may have directed, whether
or not an individual fiduciary hereunder performs the services or has any pecuniary
interest in the firm performing the services, without liability for payment of compensation
at a higher rate than might have been negotiated elsewhere and without diminution of any
such individual fiduciary's commissions hereunder;
O. Continue Company: To continue, without regard to any principle of investment
diversification, and without liability except for actual malfeasance or fraud, the conduct of
any business, partnership or other entity in which I may have an interest, for such period
of time and in such form and style as my fiduciary deems appropriate, with further power
to delegate managerial authority and to pay and charge fees for management and
appropriate services;
P. Exercise Options: To exercise any and all options available to me and to make any and all
necessary financing arrangements;
Q. Distribute: To distribute in cash or in kind or partly each and to allocate specific assets
among the beneficiaries (including any trust hereunder) in such proportions as my
fiduciary may think best, so long as the total market value of any beneficiary's share is not
is~~~s-i 9
affected by such allocation; provided that nothing in this paragraph shall affect the
provisions set forth above regarding the funding of the Marital Deduction Gift; and
R. Environmental: My fiduciaries shall possess the following authorities and powers relating
to environmental situations:
1. My fiduciaries may, in their discretion, periodically inspect, review and monitor, or
require the inspection, review and monitoring of any and all property held in my estate
or in any trust created under this Will or any property or interest which has the
potential of becoming trust principal or income for the purpose of determining
compliance with any law, rule or regulation affecting such property with all expenses
of such inspection, review and monitoring to be charged equitably to income or
principal of the estate or any trust.
2. My fiduciaries shall have the power to disclaim any power, or to refuse to take title to
any property or interest which, in their sole discretion, will or may cause my
fiduciaries to be considered an "owner" or "operator" of property held in this estate or
any trust, under the provisions of the Comprehensive Environmental Response,
Compensation and Liability Act, (CERCLA), as amended from time to time, or which
shall otherwise cause my fiduciaries to incur liability under CERCLA or any other
federal, state or local law, rule or regulation. The power as contained in this section
shall apply to any power or property, whether actually set forth in this Will,
incorporated by reference herein, or granted or implied by any statute or rule of law.
3. Before accepting any contributions of property to any trust, the fiduciaries shall be
entitled, in their sole discretion, without cost to the fiduciaries, and as a prerequisite to
accepting any such contribution to the trust, to require evidence satisfactory to the
fiduciaries that (1) the property is not contaminated by any hazardous or toxic
materials or substances; and (2) the property is not being used and has never been
used for any activities directly or indirectly involving the generation, use, treatment,
storage, disposal, release or discharge of any hazardous or toxic materials or
substances.
4. The fiduciaries shall not be personally liable to any beneficiary or any other party for
any exercise of the powers contained in this paragraph or for any decrease in value of
assets in the estate or trust by reason of the fiduciary's compliance with any
environmental laws, specifically including any reporting requirements under such
laws.
TENTH: Accelerated Termination. If the independent fiduciary, in its sole discretion, determines
that any fund held under this Will is too small for economical administration as a separate trust, or
guardianship, such fiduciary, without further responsibility, may pay the fund to the person or persons
s-i 10
then entitled to receive the income therefrom or to have the income applied for their benefit except in the
case of a Family Trust, which shall instead be paid to my issue then living, per stirpes. Property payable
under this item to a minor may be paid to the minor or to a guardian of the minor's estate acting hereunder
or otherwise, or may be distributed to and registered in the name of any person acting as custodian for the
minor under a Uniform Gifts or Transfers to Minors Act or may be deposited in a savings account in the
minor's name.
ELEVENTH: Right to Add to Trust. My spouse and, with the approval of Trustee, any other
person may add other property to the trusts hereunder by Will, Deed or in any other manner.
TWELFTH: Appointment of Fiduciaries. I appoint my spouse, MARY B. CONNOLLY, as
Executrix under this my Will. If my spouse should fail to qualify or cease to act as Executrix, even after
having been appointed and serving, I appoint my daughter, CYNTHIA A. CONNOLLY, as her successor.
If CYNTHIA A. CONNOLLY should fail to qualify or cease to act as Executrix, even after having been
appointed and serving, I appoint my son, NICHOLAS CONNOLLY, III and JACQUELINE
CONNOLLY, or the survivor of them, as her successor. I appoint my spouse, NICHOLAS CONNOLLY,
and CYNTHIA A. CONNOLLY as Trustees of all trusts created under this Will. If, for any reason,
either of them shall fail to qualify or cease to act as Trustee hereunder, even after having been appointed
and serving as Trustee, their successor shall be my son, NICHOLAS CONNOLLY, III, and, no later than
the death of the survivor of myself and my spouse, he shall become an additional Trust of the Trust
hereunder. If for any reason my son, NICHOLAS, should fail to qualify or cease to act as Trustee
hereunder, even after having been appointed and serving as Trustee, their successor shall be
JACQUELINE CONNOLLY. No fiduciary shall be required to enter security in any jurisdiction.
A. Limitations For ATrustee-Beneficiary: No Individual Trustee who is a beneficiary of one
of the trusts shall ever participate in (i) the exercise of, or decision not to exercise, any
~t~~s-1
is
11
discretion to pay income or principal to, or to apply income or principal for, the benefit of
151
any beneficiary (including discretion to allocate funds among a group of beneficiaries and
discretion to accumulate income), (ii) the determination whether a beneficiary is disabled,
(iii) the decision to terminate any trust hereunder, (iv) the exercise of discretion as to the
allocation of any receipt or expense between principal and income, (v) decisions to
exercise tax options, (vi) the selection of a mode of payment under any qualified
employee benefit plan or any retirement plan.
B. Special Dele ag tion: The Corporate Trustee with the approval of my Individual Trustee
may, without responsibility, delegate to my Individual Trustee (i) the power to receive
additions and the duty to make payments, and (ii) any other power concerning the trust it
deems appropriate. This delegation may be canceled at any time by either Trustee upon
delivery of written notice to the other Trustee.
C. Division of Duties/Dele ag~L tion: While a Corporate Trustee is serving as Trustee, if any,
the Corporate Trustee shall perform all ministerial and administrative duties, including
keeping the books and records, acting as custodian of the property and preparing all
necessary tax returns; any Individual Trustee may delegate from time to time to the
Corporate Trustee, by letter, any or all of the Individual Trustee's rights, powers and
duties; and any Individual Trustee may give oral or electronic instructions or approvals to
my Corporate Trustee as long as my Corporate Trustee believes in good faith they are
genuine and mails a statement or other confirmation to my Individual Trustee at least
quarterly.
D. Conflicts of Interest: The fact that a Trustee is active in any aspect of the investment
business as that business is broadly understood shall not be deemed a conflict of interest.
~7s-1 12
Purchases and sales of investments may be made through any firm of which a Trustee is a
partner, shareholder, associate or employee, or through any department of affiliate of a
Corporate Trustee. My Trustee may pay the firm its usual charges for the service. Any
income beneficiary or his or her legal representative may cancel this power by writing
delivered to the Corporate Trustee.
E. Singular/Plural: Except as just stated, the words "my Trustee" and "my Executor" shall
refer to all those acting as Trustee or Executor.
F. Number and Classes of Trustees: Each trust shall be administered at all times by such
number of Trustees, not to exceed three (3) as maybe appointed in accordance herein. At
all times, one (1) Trustee shall be an Independent Trustee as defined herein. It is my
intention that there shall be at least two (2) Individual Trustees in addition to the
appointed Corporate Trustee, if any, at all times. One (1) of the Trustees at any particular
time may but need not be a Corporate Trustee whether or not a Corporate Trustee has
previously served as Trustee.
G. Subsequent Appointment of Trustees; Acceptance:
1. Appointment by Trustees. The Individual Trustees, or, if there shall be no Individual
Trustee then serving, the last serving Individual Trustee if any, but if none, the
Corporate Trustee, if any, at any time and from time to time shall have the power to
fill any vacancy in the office of Independent Trustee by appointment of a person,
association or corporation, to fill such vacancy and to appoint, within the limits of
Sub-Paragraph F. above, (a) additional and successor Individual Trustees and (b) a
successor Corporate Trustee, in each case by appointment of a person, association or
corporation eligible to hold the office to which appointed.
is}~~s-i 13
2. Appointment Where Total Vacancy in Office of Trustee. If, at any time, there is no
Trustee serving hereunder and no appointment is made within a reasonable time in
accordance with the prior provisions of this section, George M. Riter, Esquire, or a
member of his law firm, or its successor in the practice of law and, a majority of the
current income beneficiaries shall have the power to appoint a successor Trustee, by
appointment of a person, association or corporation eligible to serve as Trustee
hereunder.
i
3. Manner of Appointment; Acceptance. Each appointment provided for in accordance
with the prior provisions of this section shall be effected, and conclusively evidenced,
by a writing signed by the Individual Trustees, the Corporate Trustee or the said law
firm, as the case may be, and endorsed with the acceptance of the Trustee so
appointed, in two (2) counterparts of which one (1) shall have been filed with the
records of each trust and the other deposited with the Trustee so appointed. With
respect to any such appointment in accordance with Sub-Section (1) of this section,
such writing may specify that such appointment shall take effect at a future time or
upon the occurrence of a future event, such as upon the death of a Trustee then
serving.
4. Other Appointment of Trustees. In the event there is a vacancy in the office of
Independent Trustee and no appointment is made to fill such vacancy within a
reasonable time in accordance with the prior provisions of this section, a court of
competent jurisdiction, upon the application of any person whomsoever having any
interest whatsoever, after such notice to the parties in interest (except such as may not
be sui~uris) as the court shall deem necessary or proper, shall fill such vacancy by
isl
~3~s-i 14
appointment of a person, association or corporation eligible to fill such vacancy.
H. Successor Trustee Not Responsible For Acts of Predecessor: No successor Trustee (or my
Corporate Trustee during the delegation mentioned above) shall be obligated to examine
the accounts, records, or acts of a previous trustee (or the Individual Trustee to which the
delegation was made above), nor shall any such Trustee in any way or manner be
responsible for any act or omission to act on the part of any such previous Trustee or such
Individual Trustee. Any claim or action against any such Trustee shall, in any event, be
filed by a beneficiary in the appropriate court.
I. Resi ng anon: Any Trustee may resign at any time without court approval;
J. Compensation: My Corporate Trustee, if one is appointed and then serving, shall receive
compensation in accordance with its standard schedule of fees in effect from time to time
while its services are performed. My Individual Trustees may receive compensation
which in the aggregate does not exceed that which a Court of competent jurisdiction
would approve payable from time to time during the period over which their services are
performed, chargeable to income or principal or partly each.
K. Substitution: A majority of the current income beneficiaries and a majority of the
Individual Co-Trustees shall have the right and at any time can remove the Corporate
Trustee of a trust hereunder for any of the reasons stated herein and substitute therefor
another Corporate Trustee as provided for herein. Any such removal shall be
accomplished by a writing setting forth the grounds for removal and signed by majority of
the current income beneficiaries, and a majority of the Individual Co-Trustees as the case
may be, in two (2) counterparts, in which one (1) shall be delivered to the Corporate
Trustee to be removed and the other shall be retained by the beneficiaries. Each
isa
~n-1 15
appointment of a successor Corporate Trustee shall be effected by a writing signed by the
majority of the current income beneficiaries and a majority Individual Co-Trustees as the
case may be, endorsed with the acceptance of the successor Corporate Trustee. A
!, Corporate Trustee may be removed on anyone of the following grounds:
1. because of the difference in the domicile of the Corporate Trustee and that of one or
more of the beneficiaries, greater convenience to the beneficiaries and their families
can be achieved by changing the Corporate Trustee;
2. the costs of the administration of the trust can be reduced by the removal of the
Corporate Trustee in the appointment of a successor Corporate Trustee; or
3. the Corporate Trustee merges with a larger entity, and/or there exists such friction and
differences between beneficiaries and the Corporate Trustee with respect to the proper
administration and management of the trust as, in the opinion of counsel for the trust,
would make a change of the Corporate Trustee appropriate and desirable.
L. Defining Independent Trustees: "Independent Trustee" at any particular time with respect
to any trust or fund shall mean such Trustee as at such time (i) has no vested interest in
the trust estate of such trust or fund, (ii) cannot be benefitted by the exercise or non-
exercise of any power, authority or discretion given exclusively to or vest exclusively in
the Independent Trustee by the provisions herein or by law. If, at any time, there is more
than one Independent Trustee acting as Trustee, the term "Independent Trustee" shall
mean all such trustees.
is~p~s-1 16
M. Situs: This estate and any trust created hereunder shall be governed by and subject to the
laws of the Commonwealth of Pennsylvania.
1511
IN WITNESS WHEREOF, I have hereunto set my hand and seal this ss'~ day of
2004.
EAL)
HOLAS CONNO
Signed, sealed, published and declared by the above-named Testatrix as and for her Last Will, in the
presence of us, who, at her request, and in her presence, and in the presence of each other, all being
present at the same time, have subscribed our names as witnesses.
J
~../
~~ ~ ~ ADDRESS G~
` ~ ADDRESS ~~°~' _ ~. ~ _
3~s-i 17
COMMONWEALTH O PENNSYLVANIA
:SS
COUNTY OF ~'~~~
We, CHOLAS CONNOLLY, ~/C~i9~ /~~ ~OC~1~/~G-L~ and
D ~ % - ,the testator and the witnesses, respectively, 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 had 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 witness and that to the best of his/her
knowledge the testator was at that time eighteen years of age or older, of sound mind and under no constraint
or undue influence:
~/ ~.-_-~
~~
Te tator ~_
~ -~ c~
Witness
1 ,,
Wit es
Subscribed, sworn to and acknowledged before me by NICHOLAS CONNOLLY, the testator, and
subscribed and sworn to before me by ~i~/~'ii~ f~ . ~ ~„f~D/yi~~ G and ~~G'~~~I, ~' ~T,~ ~ ,
witnesses, this ~_ ay of , 2004.
,r
(SEAL)
tary lic
NOTARIAL SEAL
JOYCE J. O'BRIEN, NOTARY PUBLIC
UPPER DUBLIN TWP., COUNTY OF MONTGOMERY
MY COMMISSION IXPIRES DECEMBER 19, 2007
1513