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HomeMy WebLinkAbout09-25-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Marie A. Clifford also known as . Deceased File Number ~ I ' C) ~' ~llL Social Security Nwnber 030-03-5954 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: rv (COMPLETE 'A' or 'B' BELOW.) C'1 ~°., ~~ ~ ® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executrix _ -'« fined iti;the last Will of the Decedent dated July 29, 2008 and codicil(s) dated '-~ ~-ti r- _~ - `-~ -_ .~ ...~ r- . (State relevant circumstances, e.g., renunciation, death of executor, etc.J ~ r _ Y' ~ _O - -_ Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of~e instrument(S1 offered-, < for probate, was not the victim of a killing and was never adjudicated an incapacitated person: L-~ ' © B. Grant of Letters of Adminisri-ation (/f applicable, enter: c.t.a.; d.b.n.e.t.a.r pendente lire; durance absentia; durante minoritate) Petitioner(s) after a proper seazch has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administration, c.t.a. or d. b. n. c. t. a., enter date of Will in Section A above and complete list of heirs.) ~ Name Relationship Residence (COMPLETE INALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 1001 Hillside Drive, Carlisle, Cumberland Countv, PA 17013 (List street address, town/ciry, township, county, state, zip code) Decedent, then 92 years of age, died on August 2Q 2009 at St. Mary Hospital Middletown, Pennsylvania Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 2,202,000.00 (lf not domiciled in PA) Personal property in Pennsylvania $ (Ifnot domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 250,000.00 situated as follows: 1001 Hillside Drive, Carlisle, PA 17013 Form RW-02 rev. !0.13.06 Page I of 2 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: 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. Sworn to or affirmed and subscribed before me the day of ,~GCJ~ For th~R gister i Si tore of Personal Rep 9 ntative Signature of Personal Representative Signature of Persona! Representative File Number: ~ ~ - ('C(- C--(~() Estate of Marie A. Clifford tU C7 ° __. ~~ " - r~ - N _ - ;_? <<~ ~ ~ ~, ~a = + ~ _ o Deceased Social Security Number: 030-03-5954 Date of Death: August 20, 2009 tl\ ~~ nM~i AND NOW, ~~en~~~Q ( ~ in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Jane E. Clifford in the above estate and that the instrument(s) dated July 29, 2008 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ............... $ (~ ill ~~ . pG Short Certificate(s) ........ $ t In OL Renunciation(s) .......... $ w,tl ... $ ~ 5.co J<P ...$ iO~~U A71~ rY'1C;ltlC)~ ... $ ~7 ~Q~ ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $-~-,_,j,~l~ l Attorney Signature: Attorney Name: Address: 104 S. Hanover Street Carlisle, PA 17013 Telephone: 717-243-7437 Farm RW-O2 rev. 10.13.06 Page 2 of 2 Supreme Court LD. No.: 83760 `L° L i 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 15762627 Certification Number This i~ to certify that the infkn~m.(tion here ~>iaen is correctly co0icd From .In origil;al Certiiicale c~f I)ath duly filed with me as Local Ite~Tis(rar. The orikzinal certificate will he fon~~ardcd to ',h%.~ ~~tat~ Vital Recorl~s Of~~ice for permanent filing. r ~ ~ y/y ~.?ic.~ ~a.21 ~~~~~-Grp' -- ----- --- ~" ~ 31 °~ Local Rr~~istrar Dt%te Issued r~ C'~ °~ - . - '; ~ , ~±, ( iTl L~ - ~ .[. n ""G a I - rTl .'~~ (mil - Ut _ . _ . ,, i ' ice. ~. _} _ i 'L ~ Y { , 1 I1~ V ~J v H1os-lea REV tt/zoa COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS TYPE /PRIM IN PBLACKNNN CERTIFICATE OF DEATH (See Instructions and examples on reversal t. Name of Decedent (F'vsL mkkle, last, eullbd 2. Sea 3. Social Security Numwx red. Dale W Deem (MOnm, tley, year( ~ Jff°e~ e a 30 - n3-J u 0 2c't~ ar 5. Age (last Bkmday) Under 1 Under 1 de fi. D816 d BiM Month, re , 7. 17in ace G and state w larei roan Ba, Plate of Oeelh (Cheri oM w a Months peyf kbws MMUns H os Pyal Other: V rs' ~ ~ ~ ( u ' ~ IJ.Ippafienl ^ ER / Outpatient ^ DOA ^ Nursing Home ^ Resitlence ^ ONer ~ Specity: l~ 7 Bb. Caumy of Deem ec. Clry, Bom, Twp. M Deam ed. Feollry Name (II rid insktutim, gNe street antl n r) 9. Was Decedanl of Hispanic Origin? ~S'No ^ Yes 10. Race: AmarMan radian, Back, WNn. etc. ' J d~/'J /e TD Y (II yes, specly Cuoan, (,~.IM f' • ~'L Medran, PuenO Rican, elc.l r 11. DKedxas Usual Karl d worF done Inosl of wo Wa. Do nw amle re 12. Wes pecetlenl ever in tl1e i . DecetlenCS Edlxaaon (Speary ony IagMst gretle comDlatetl) 14. Merhel $ntUe: Memep Never Married, 15. Surviung Spouse (II wile, give maiden name) XiMdWOrF Kmdd&girvsssf%rMUSIry U.S. Amvrtl FOrtec7 El ~ emenW /Secdnda P12) Coll wimwed, Gvwad lSpeafyJ ry ry ( age (td w b~) ^ Yes~+o -! /2 fp04:J ~ 16. Ys Marling Addresa (Street, reY /torn, slate, ziP Coda) Decedents ~ pro Decedem ~ ~ Actual Resroence 17a. stale /~J(/} !N /!~''/'te'e 1~~~ C~ mss/ A/ /1 Live Ina 17c ^ vas, Decedent lived n Twp ' ~ 77b. county . Townsnip? ~(M i'a G~2//J 1Y,7 t7d~No, Decedent Lived witMn // A t l Li it f ~~ ~ ~ /~14~ 18. Fames Name (First, mitltlle, last, sldfn) ~ ~; l' c 6 ~ c ua m s o City/BprO 19. Mothers Name First, rtddda, maiden mama) . ~ .~ mr ,~ 20a. Inbrmant's Name (Type / Prinq ,,~- 2 a~ ~ - ~ 20b. InfamenYS Maimg Address (Street, dry / rown, s . zip cods( ~r~ B ~ J /a. ~ o E 1.~`, ~,~,, ~,/J ~1J ~- m ty r~wv ~ 8 9 ~o 21 a. McIMd d Dispcaition ^ Cremation ^ Donelpn 21b. D M Gaposaion MOnm, de , er 21c. Place of ray ( y Ye 1 DisptMltlon (Name of tamale , c rory w other place) 21d. Lwatbn (city sown, stale, zip code) CF Buret ^ Removal Irw Slat ~ • , n e Was Cremetbn w DOrwtlOn AWlwrizad r~ (~ //"~~ ^ Grier- ' by YetlkN Esammerl Coroner! ^ Ves^ No 't ~ GGr? ( ~ /1/ T~b~YI .Q-T[ Qyf/{'f t~ ( ~ • ~~ ~ , ~ 22e. Sipfaarre of Furerel Semce l' (w parzoP~a as eutlil 22b. Lcense Nlnoar 22c. Noma and AdGess of Factory ~ ~ va o -r e ~)rn e~~ ~ 'L J~~ r t ! C l n it z3 ' ' . .. c t ea ,/ erz/l .-'iG. rlc' 2 ~ u,,J omp ems e ac n rg 23a. 01 my bpwbtlge, m oaurred el the tlme, date eM plate snletl. (Sigretwe eM title physidan b rid eve' m time m to ~, I 23b. Lcense Numbm 23c. Den Slgred (MOnm, day, Year) / /' tmtiry rata, a ..e > M r7 ~ o y~' 9 0 3~ L ~S - ~ o ~- o y 6erna 2426 moat be &. rung M Deem .Data Prongmted peed Momh, re . caniplend W Pamon p ( Y Yeah 26. Was Case Rele m Mjwl Examiner !Coroner for a Reason Other Ihan Cremation a Donelion7 wro mwrourrtm seam. ~ T- /, ~ _ d. M. - L- rllf O ^vea CAUSE OF DEATH (Sea InstrueUOnl entl exampba) i Appreximale mlawel: Item 2T. Pen I: Enter me sail of events -deeaees, iryurbe, w tonklacations - mat drecty celAed the seam. W NOT enter nrminel events sorb as cercYac anesL ousel ro Deam resptretory enasL w vamritular IbiAelion wAlmut shovdn ri ti k Li Y Pan II: Enlar Omar slgnd t mndrom rah * m =m but not reeutling in th uMedying cause gven ro Pan I. 26. Do Tobacco Use Contrbun to Deelh7 ^ Ye ^ P O b g te e o gy. st Or y one cause on earm line. WYEDIATE CAUSE ((Fevd disease or s m e ry ~ No ^ Unkrwwn oondtion ReUbg in deem) _~ ~ E ~ s ~ S H ~ CYC i ~ ktl 29. HppF~1emale: S a p l~e ~ ro (wr ~ ~,t C A ~ ~ d h ~' 'j`\ L na~ ~ y~ Nd pregnant wahN past year ^ Pregnant 61 lime d deem . nwe IrcHd ~ I e ~ 3 g te a Emer ma UNDERLYND CAUSE Due b far as a coreequsrra ol): der apny tlm; a Mme c ^ Not pregnant, but pregmnl wi1Mn d2 days of deem h . D ^ uero (w es a crosepxrrce ot): Nw pragrtanl, Wt pregnant 43 Gays to 1 Year met d, ' re deem ^ Unknovm it pregnant wimin dre pass year 30e. Wes an Autopsy Padwm00? 300, Were Aulapsy FkMNgs AvaYeble Prior to CompledM 31. Menn•r al Death 32a. pets 011 njury (MOnm, tley, year) 320. Describe How IrNUry Occuned 32c. Place of In Home, Farm, Street, Feclory of Cause of Deam7 ~ NBNraI ^ Mwmtitle , OK Building, eft. (SpedtyJ ^ Yes ~ No ^ Yes ^ No ^ Acdtlenl ^ PerMinq Invasligati0n 32d. Tirre of Injury 32e. Injury al Work? 32t. n Trensponetiw Inlu7 (SP~'xY/ 32g, Loratbn of irgury ISheel, ceY I town, stale) ^ Suoitle ^ Could Not be Denmunetl M ^ Yes ^ No ^ Dmer/Operetw ^ Paesmger ^ Pedestrian Omer - Spetiy~ 33e. Certlfer (N,srh aNy one) 33b. Slgneture ant Tbb of • CdtHylrp phyekW (Physkin certlh/m9 carne d tleem when enomer physloan re9 Vrorrourtcad Beam ant Nrnpleretl Inm 23) To the Ossl m kn esusets) - mT osvktlge, death occumtl dos to the end manner ae elrted _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ Prono'xKroS ant carltrylnq phyaklan (Physioen bdh pmnwrrOng tlealh ant canXyktg t0 cause of deem) T 33c. License Number 33d. Date Sigrid (Month. day, year) ^ awe.nmmywa.raga,d.m«tar..dnmann~.d.n,.lwpna.,a~wdaa,am.t.lrea(a,arwmawfar.a:m.tl-------- • uemw Examaw/coren.r ------ MD (-E''27~ IZ ~~1G~~15T 20 200 4 On ale beNe of enmmmlon mtl / w Inwsetlgmbn, In my oplnlon, seam oxurred H Ne time, ton, end plscs, and dw le the osuee(el and menrcr ea ebted ^ 3d N et A ' _ . ame w ddress o/Parson Y Ra Canplantl Cause of Deem (Item z7) Type /Print 35. a and D'Btrcl Nurtder -C_' ~ ~ i.~i 31a i~ i~~i 36 n Ftled (Monet, day Year) ~' c ~~U N ' S ey~1R~M ~'t X 9 S ' ' _~ .._~ 4 ouf1-t HRcisNA~ ST 411iW7iE~Pr1~P S H 19146 Dispositlw Pem,il No. ~ ~ l~ r~ ~ ~: c~ `=_ _. .- ::.- ~r .~ ;- .. ;r c7 -w --, n~ -, c~. ,. _' :~~ _-~ ~, ^ ~~ ( ~~.. Last Will and Testam~t ~-~ ~ -~ of MARIE A. CLIFFORD I, MARIE A. CLIFFORD, a resident of and domiciled in HAVERFORD TOWNSHIP, County of DELAWARE and Commonwealth of PENNSYLVANIA, do hereby make, publish and declare this to be my Last Will and Testament ("Will"), hereby revoking all wills and codicils at any time heretofore made by me. I am widowed. I have three living children, MARK CLIFFORD, PAUL H. CLIFFORD and JANE E. CLIFFORD, all adults, sui juris. I. DEBTS AND FUNERAL EXPENSES. I direct that my legally enforceable debts, secured and unsecured, and expenses of my last illness and funeral, including burial, be paid from my estate as soon as practicable after my death. The term "legally enforceable debt" shall include amounts that are owed for medical treatment that I received prior to my death but are not covered by my health insurance. ARTICLE II.: BEQUEST OF PERSONAL PROPERTY. I give all tangible personal property owned by me at my death and the proceeds of all insurance policies on such property as follows: A. USE OF MEMORANDUM. To those individuals who survive me by thirty (30) days who are designated on a list or memorandum which refers to this will or is found with a copy thereof, the items listed beside their names. If no such list is found within thirty (30) days of my death, it shall be presumed that no such list exists. B. GIFT TO RESIDUARY BENEFICIARIES. The balance (including any item. under subpazagraph (A) above, the bequest of which has lapsed) to the beneficiaries of my residuary estate, to be divided among them as they may agree, in as nearly the same proportion as such beneficiaries are entitled under this Will, or in the absence of an agreement, as my executor may think best, Page 1 best, such determination being tinai anti binding with respect to said distribution. Provided, however, any property to which a beneficiary would thus become entitled and which my executor determines is not suitable for his or her use may be sold, and the proceeds distributed as part of my residuary estate. Any property to which a beneficiary becomes entitled may be delivered to the beneficiary (whose receipt for such property, even though signed during minority, shah be fuiiy effective) or to the person taking care of the beneficiary, at such time or times, whether before or at majority, as my executor may think appropriate. C. DELIVERY BY EXECUTOR. With respect to any item passing under subparagraph (A) or (B) to a minor, my executor (i) may hold and deliver it to the minor at majority or earlier, or deliver it to any person to hold for the minor; or (ii) may sell it, hold and invest the proceeds and, at any time, pay the proceeds to the minor, to a custodian (if appointed in this Will) or to the guardian of the person or estate of the minor to hold for the minor, or apply the proceeds for the minor's benefit for any reason without considering other funds available to the minor. The receipt of any person who receives an item or payment hereunder shall be a complete discharge to my executor. D. SHIPPING AND INSURANCE. My executor shall pay, as an expense of settling my estate, all costs of delivering such tangible personal property, including the costs of packaging, delivery and insurance. ARTICLE III: SPECIFIC BEQUEST. I make no specific bequests of my property other than that found in Article II, if any. ARTICLE IV: RESIDUE. I direct my Executor to divide the rest and residue of my estate of every nature and wherever situate, whether real or personal (my "residuary estate") into two equal shares and to distribute one share to my son, PAUL H. CLIFFORD, per stirpes, and one share to my daughter, JANE E. CLIFFORD, per stirpes, and to deliver each such share to each such child or grandchild as soon as pracficable after my death. ARTICLE V: MINOR OR DISABLED BENEFICIARIES. I direct that if a beneficiary (other than those beneficiaries already provided for under this will) who is under the age of twenty-one (21) (hereinafter referred to as "minor") or any person who is, in the opinion of my executor, disabled by advanced age, illness or other cause, and becomes entitled to any distribution hereunder, such distribution shall be held IN TRUST by my executor as trustee, to pay so much of the income or principal or both as is deemed necessary in the sole and absolute discretion of my trustee for the health, maintenance, support and education (including trade, vocational, and college education, both graduate and undergraduate) of such beneficiary or his or her dependents, and shall be expended for those purposes (by paying bills directly, or by payments directly to the beneficiary, his or her duly appointed guardian, or any person or organization taking care of the beneficiary), and any remaining balance of such income or principal shall be invested and held by my trustee and shall be paid to the minor when he or she attains the age oftwenty-one (21) or to the disabled person when he or she, in my trustee's sole and absolute opinion, becomes free of disability. In the sole and absolute discretion of my Page 2 discretion of my trustee, this trust may be terminated and distribution of the principal and any accumulated or undistributed income may be made, without further responsibility, to the minor's parents or guardian or to any person taking care of the minor, such parents, guardian or other person holding such distribution on behalf of the minor for the aforementioned purposes herein contained until the minor attains the age oftwenty-one (21). In the sole and absolute discretion of my trustee, the share of any beneficiary hereunder may be placed on deposit in a savings account, certificates of deposit or savings certificates or such other insured account as may be available in a banking institution in the Commonwealth of Pennsylvania, there to remain until such beneficiary attains the age of twenty-one (21), when he or she shall receive the said share, together with any accumulated or undistributed income therefrom, subject, however, to the enumerated provisions above concerning health, maintenance, support and education. In the event a beneficiary dies while any distribution is being held in trust under this Article, such distribution shall be made to such beneficiary's then-living issue, per stirpes, or in default of such issue, to the beneficiaries who would inherit from such beneficiary pursuant to the Intestate Laws for the state in which such beneficiary is domiciled. ARTICLE VI: DEATH TAXES AND ADMINISTRATION EXPENSES. All federal, state and other death or excise taxes, including interest and penalties thereon, and all administration expenses payable by reason of my death, shall be considered a part of the expenses of the administration of my estate and shall be paid out ofhe principal ofmy residuary estate, without reimbursement or contribution from any beneficiary or recipient. Recipients of any property or proceeds of life insurance included in my gross estate for death tax purposes by reason of my death which are subject to (i) any generation-skipping transfer taxes; (ii) any death or excise taxes on distributions from any pension, profit sharing or other qualified or unqualified retirement plan or individual retirement account; (iii) any death taxes attributable to such property which is included in my estate solely because of a power of appointment thereover which I possess but have not exercised, or any qualified terminable interest property; and (iv) any death taxes attributable to such property or proceeds of life insurance (and any other non-probate assets) which do not pass pursuant to this will, shall be required to pay the taxes on such property or proceeds received. Any provision made in any declaration oftrust established by me or my spouse or in my spouse's will with respect to the payment of taxes on property included in my estate for death tax purposes shall be given effect to the extent not inconsistent with the foregoing. ARTICLE VII: IN TERROREM. If any beneficiary or remainderman under this will in any manner, directly or indirectly, contests or attacks this will or any of its provisions., or objects to the accounts or actions of my fiduciaries, without probable cause, such beneficiary shall pay all costs, including, but not limited to, attorneys' fees, arising in connection with such contest, attack or objection incurred by my estate, such trust or such fiduciary personally. In the event that such beneficiary does not prevail in such action, any share or interest in my estate or such trust which would otherwise pass to such beneficiary or remainderman under this will shall be revoked and the property consisting of such share shall be disposed of in the manner provided herein as if that contesting beneficiary or remainderrnan had predeceased me without surviving issue. ARTICLE VIII: MANAGEMENT AND ADMINISTRATIVE POWERS. My fduciazies named herein shall have the following discretionary powers, in addition to those granted by law, which shall be exercisable without leave of court and shall continue until distribution is actually made: A. RETENTION OF PROPERTY. To retain any or all property, real or personat, owned by me at death, including stock or other securities of a corporate fiduciary or of a holding company controlling such corporate fiduciary; Page 3 B. INVESTMENTS. To invest in or purchase all forms of property (including, but not by way of limitation, real estate, all types of stock and. bonds, and participations in common trust funds), without being confined to investments prescribed by statute and without being required to diversify; C. SALES OF REAL OR PERSONAL PROPERTY. To sell at public or private sale for cash or credit or partly for each, to exchange, or to lease for any period of time, any real or personal property, and to give options for sales, exchanges or leases; D. PURCHASE OF INVESTMENTS. To buy investments at paz or mazket value, or at a premium or discount therefrom, as the case may be; E. HOLD PROPERTY. To hold property unregistered or in the name of a nominee; F. PROXIES. To give proxies, both ministerial and discretionary; G. COMPROMISE CLAIMS. To compromise claims and to abandon any property which, in my executor's opinion, is of little or no value; H. CORPORATE ACTIONS. To join in any merger, consolidation, reorganization, voting trust plan, or other concerted action of security holders, and to delegate discretionary duties with respect thereto; I. LOANS FROM INSTITUTIONS. To borrow from any banking or financial institution (even if such banking institution is a fiduciary hereunder), regardless of any rule of law with respect to conflict of interest, or from others and to pledge real and personal property as security therefor; J. MAKE DISTRIBUTIONS. To distribute in cash or kind or partly in each; K. TAX RELATED PROVISIONS. To exercise tax-related elections, options and choices in such manner as my fiduciary, in my fiduciary's sole and absolute discretion, may deem advisable. Without limiting the generality of the foregoing, this power shall include the following: To elect, for valuation of property for Federal Estate Tax purposes, either the date of my death or an alternate valuation date; 2. To pay death taxes in installments, the payment of interest due on such installments to be a charge against principal; To treat administration expenses, in whole or in part, either as Federal Income Tax or Federal Estate Tax deductions, without regard to whether such expenses are paid from principal or from uicome, and without requiring reimbursement of principal for any resulting in<;rease in Federal Estate Tax; 4. 1 o eiect to fiie or not to file joint income tax returns with my spouse or my Page 4 spouse's personal representatives, or to affirm or disaffirm any joint income tax return which has previously been filed by my spouse or my spouse's personal representatives; 5. To consent or not to consent, for Federal Gifl: Tax purposes, to have gifts made by either my spouse or me considered as having been made one- half (''h) by my spouse and one-half (''/z) by me, and to elect under §2523(f) of the Internal Revenue Code to have any property which may have been transferred by me to my spouse prior to my death treated as "qualified terminable interest property," as defined in said §2523(f); 6. To pay, as my fiduciary, in my fiduciary's sole and absolute discretion, shall deem advisable, as a debt of my estate, all or any part of such income tax or gift tax, together with any interest or penalties thereon, without requiring my spouse or my spouse's personal representatives to indemnify or reimburse my estate for any such payment which would otherwise have been chargeable to my spouse. ARTICLE IX: MISCELLANEOUS. A. TERMINATION OF SMALL TRUSTS. Should the principal of any trust herein provided for be or become too small, in my trustee's opinion, so as to make establishment or continuance of the trust inadvisable, my trustee may make immediate distribution of the then-remaining principal and any undistributed income outright to the person then eligible to receive the income or, if there is more than one person, to them in the same proportions as they aze then entitled to income. If any person is a minor or is, in my trustee's opinion, disabled by illness or other cause and unable to properly manage the funds, my trustee may pay the funds to his or her pazent or guazdian or to any person or organization taking care of the person. In the case of a minor, my trustee also may deposit the funds in an interest bearing account in the minor's name payable to the minor at majority, or pay the funds to a custodian for the minor under the applicable Uniform Transfer or Uniform Gift to Minors Act of the state in which such minor resides. My trustee shall have no further responsibility for funds so paid or deposited. B. PARTICIPATION BY TRUSTEE/BENEFICIARY. No fiduciary who is beneficiary hereunder shall ever participate in (i) the exercise of, or decision not to exercise, any discretion to pay income or principal to, or to apply income or principal for the benefit of, 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 to allocate receipts or expenses between principal and income; (v) decisions to exercise tax options; (vi) the decision whether to use expenses as income or estate tax deductions; or (vii) the decision to join in a joint income tax return without requiring indemnification. Notwithstanding the foregoing, a contingent beneficiary may participate in such decisions until such time as he or she is entitled to principal or income distributions hereunder. Page 5 C. SITUS OF TRUST. The situs of any trust created under this will for administrative and accounting purposes shall be the Commonwealth of Pennsylvania, and all questions pertaining to the constructions or validity or effect ofthe provisions ofthis instrument shall be governed by the laws of that Conunonwealth. The trustee is given the power and authority to select any jurisdiction :for the administration ofthis trust other than Pennsylvania or the state where said trust is then being administered, in the trustee's sole and absolute discretion, without the necessity of approval by any Court, although such approval may be applied for if the trustee, in the trustee's sole and absolute discretion, deems such approval advisable. If such transfer is made without Court approval, the notice of intention to transfer the administration ofthis trust and notice of removal of any corporate trustee shall be given to any corporate trustee and any known beneficiaries of this trust by certified mail, return receipt requested. If application is made to any Court, such notice shall be given as such Court, or appropriate law or statute, shall require. D. MERGER OF TRUST ACCOUNTS. My trustee may, at any time after my death, merge any separate trust held hereunder with any other separate trust held by my trustee under this will or under any other document that I have established if the terms of the trusts are then substantially similar and held for the primary benefit of the same person. E. RESIGNATION. Any individual fiduciary may resign at any time without Court approval after duly accounting for such fiduciary's actions. ARTICLE X: RESTRAINT ON ALIENATION. Wherever, in this will, I have provided for the payment of income or principal to any beneficiary, I dvect that the same shall not be subject to attachment, execution, sequestration or any order of Court, and that the beneficiary shall have no power to pledge, assign, convey or anticipate the same, nor shall such income or principal be liable for the contracts, debts, obligations, engagements or liabilities of any beneficiary, but such income and principal shall be paid by my fiduciary to the beneficiary, free and clear of all assignments, attachments, anticipations, levies, executions, decrees and sequestrations, and shall become the property of the beneficiary only when actually received by such beneficiary. ARTICLE XI: APPOINTMENT OF EXECUTOR AND TRUSTEE. I hereby appoint JANE E. CLIFFORD as my Executor and Trustee pursuant to this Will. ARTICLE XII: WAIVER OF BONA I direct that no fiduciary acting hereunder shall be required to give any bond or give any security in any jurisdiction in which any such fiduciary may act. ARTICLE XIII: DEFINITIONS. A. CHILDREN. For purposes of this will, "children" means the lawful blood descendants in the nrst degree of the parent designated; and "issue" and Page 6 "descendants" mean the lawful blood descendants in any degree of the ancestor designated; provided, however, that if a person has been. adopted, that person shall be considered a child of such adopting parent and such adopted child and his or her issue shall be considered as issue of the adopting parent or parents and of anyone who is by blood or adoption an ancestor of the adopting parent or either of the adopting parents. The terms "child," "children," "issue," "descendant" and "descendants" or those terms preceded by the terms "living" or "then living" shall include the lawful blood descendant in the first degree ofthe parent designated even though such descendant is born after the death of such pazent. B. PER STIRPES. 'The term "per stirpes" as used herein shall mean and refer to that method of dividing an estate where a class or group of distributees take the share which their deceased ancestor would have been entitled to, taking thus by their right of representing such ancestor, and not as so many individuals. C. BENEFICIARY. References to "beneficiary" or "beneficiaries" shall mean and refer to devisees, legatees, heirs, and all other persons to receive gifts or distributions of income, principal or any interest in property under this will, and references to "gifts" means devises, legacies, bequests, and all other types of donative transfers, whether made during my lifetime or after my death by will, trust, contract, or beneficiary designation, survivorship, or any other means by which title to my property may pass at my death. D. EXECUTOR. Whenever the word "executor" or any modifying or substituted pronoun therefor is used in this my will, such words and respective pronouns shall include both the singulaz and the plural, the masculine, feminine and neuter gender thereof; and shall apply equally to the executor named herein and to any successor or substitute executor acting hereunder, and such successor or substitute executor shall possess all the rights, powers and duties, authority and responsibility conferred upon the executor originally named herein. E. FORUM. This will is made in Pennsylvania and shall be governed, construed, and administered according to Pennsylvania laws even though subject to probate or administered elsewhere. The Pennsylvania laws applied shall not include any principles or laws relating to conflicts or choice of laws. Pennsylvania law shall be determined in accordance with the terms and provisions ofthe Pennsylvania Probate, Estates and Fiduciaries Code ("PEF Code")asset forth in Title 20, Pennsylvania Consolidated Statutes, § 101 et. seq., as amended to the date of my death. F. FIDUCIARY. As used herein, the term "fiduciary" shall include personal representatives, guazdians, and trustees, whether domiciliary or ancillary, individual or corporate, subject to the jurisdiction of the Orphan's Court Division. G. TRUSTEE. Whenever the word "trustee" or any modifying or substituted pronoun therefor is used in this will, such words and respective pronouns shall include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the trustee named herein and to any successor or substitute trustee acting hereunder, and such successor or substihrte trustee shall have all the rights, powers and duties, authority and responsibility conferred upon the trustee Page 7 originally named herein. ARTICLE XIV: INTERCHANGEABILITY OF LANGUAGE. Words used in the singular may be read to include the plural or the plural may be read as the singular. Similarly, the masculine form may be read to include the feminine and neuter; the feminine maybe read to include the masculine and neuter; and the neuter may be read to include the masculine and feminine. ARTICLE XV: HEADINGS. The headings used on various paragraphs of this will are included for convenience and shall have no legal significance. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this ,Lu~~day of ~; ~u , 2008. /~ - i~ ^ •~ MARIE A. CLIFFORD Page 8 The preceding instrument, with pages identified by the initials or the signature ofthe Testatrix, was on the date thereof, signed, published and declared by MARIE A. CLIFFORD, the Testatrix therein named, as and for her Last Will and Testament in the presence of us who, at her request, in her presence, and in the presence of each other, have subscribed our n ~~ h 1r1 ~'Q '~ u3E~'~~- Witness e (P ' t) ct ~~ y;~~e-Iv2_ 'tness' Stre~Address fitness' Ci ,State, and Zip Code ,c'~,~Ny s: s.M~s~ Witness' Name Print) g ~~~ .~- Witness' Street Address Witness' City, State, and ip Code COMMONWEALTH OF PENNSYLVANIA ~ ~ / SS COUNTY OF ~~ ~ ~>-~~,L--'i~~-~T i~C4~G:~~"~,~ We, MARIE A. CLIFFORD, the Testatrix, and the undersigned witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and Testament and that Testatrix had signed willingly (or willingly directed another to sign for her), and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witness, and to the best of our knowledge, the Testatrix was at that time eighteen (18) years of age or older, of sound mind, and under no constraint or undue i~tfluence. Subscribed, sworn to, and acknowledged before me, the undersigned officer, by MARIE A. CLIFFORD, the Testatrix, and subscribed and sworn to before me by ~,,,,,,7~~~~ , and ~' ~ r ,witnesses, this ~~ day _ < <, , 2008,E 9 Z / ~ a~L0,1J coMMOtwvewtrr+ of ~a~sr~,.vwt+an NOTARIAL SEAT OYANNE J. GtASS, Notary PubNc City of Philadelphia, Phila. County ~ My Comrmssion Expires November 2, 2018 ,~ ~N Nota ublic MARIE A. CLIFFORD