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Home My WebLink About11-20-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of ELIZABETH J. MILLER also known as File Number ~ r' "" L (~y ~1- ~~ - Deceased Social Security Number 203-01-7456 .-- SAMUEL C. MILLER Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COt11PLETE 'A' or 'B' BELOW.) ^/ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the last Will of the Decedent dated May 30, 2003 and codicil(s) dated Executor named in the (State relevant circumstances, e.g., remmciation, death ofexecutor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execufion of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ^ B. Grant of Letters of Administration (If applicable, ewer c.t.a; d.b.n.c.t.a.,- perrdente liter durante absentia; durante minoritate) Petitioner(s) after a proper search 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.u., enter date of Wil! in Section A above and complete list of heirs.) _~, c.. +. e~ - ~~ (COtt1'PLETE W ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal (List street address, tawn/city, township, county, state, zip code) Ci. ., _ -;7 ~ulence at _i 7 O Decedent, then 88 years of age, died on October 1, 2009 at Messiah Village "" Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ (If not domiciled in PA) Personal property in Pennsylvania $ 1 S' ,,,, i t ~ , ~ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: Wherefi~re, 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: ?tea ~~ ~~/~ /~1/ f Samuel C. Miller, 3901 Picardy Court, Alexandria, Virginia 22309 Foy niw-oz rev. 10.13.06 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland SS 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, admiinister the estate according to law. Sworn to or affirmed and subscribed .~ ,-~,.. before me the i`- ~, day of ~,~i~,' ~-, ~Q~.n~ LL ~~~~i~ ~~~'G•-tZ2-tom! ~ _ / ~~[.G~r~lt J For the Register P'~J Signature of Persona] Representative ~ -: C~ _ -1 i ". - "_? c~.M1 l "~.' _ ~. r~ File Number: - ~,, ,2 I ~ ~c~ ~-~ - ~ c~~~~ ~ ~ ~, _n - Estate of ELIZABETH J. MILLER ,_`~ DeceasEZ! ~:=~ O Social Security Number: 203-01-7456 Date of Death:October i, 2009 e A,ND NOW, ~-th.1„i, 2c:A~~,Q-~'~,, c~ ~~~,~nQ~yL ' `~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT"I D REED that tters ~Id~~rn,eh-tfr~t.~~ are hereby granted to _ 7~~,(1~.7 in the above estate and thhat the instrument(s) dated ~ .3~' ,Z C~C1~ 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) ........ $ ~ ~,v Renunciation(s) .......... $ ~~I ... $ ]~~~ ~r` ... $ ... $ ... $ ... $ ... $ ... $ _ TOTAL .............. $- ~~,0.00 ~'' ~ %). y ONx~is~ ~ ,~~~-v~~~GJ1~ ~ ~-Cs~G<C o~ ~i .1 ~~C'i~~ Register of Wills ,~ T - ~.~ -'~ Attorney Signature: ~j•~ Attorney Name: L. Rex Bickley Supreme Court I.D. No.: 23095 Address: 114 South Street Harrisburg, PA 17101 Telephone: 717/234-0577 Form 1'W-02 rev. 10.13.06 Page 2 of 2 Signature of Personal Representative r ~~~~ ~ ~G~~ WARN?NG: It is iilega! tc dup~~~~t~ t~~i~ t ~~r~7y/ ~~. ~Y~4>*OS~at Or° ~-'~; _-_ - ,r ,;, I.~ it _ ~.. ~-t,.frii P 15690898 __ _ ^.~si? I tt'n a t)I>_; ,~` ,t:~. ,` ~i ~ ~ ~ ~. ~~ - > _ . <<< ~ "~ _: ~, ~, ~~r,t- ;EV tv2ooa COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS PRwT w ;Aic"NKT CERTIFICATE OF DEATH (See instructions and examples on reverse) _.~ r~..> - ,: c:7 ~_ ~ - _~ ~,~ ~% , ~__' .,~ '" rya C~ ~ _ ., ~ ~.~ lr W , ' ~ ~,~:: ~ ;.Name of Decedent (First. middle last- suffix) 2. Sex 3. Social Security Number U ~^ ~ ` ~ PLC ,. 1V1 q Date of Death (Month. day year) Elizabeth J. Miller emale 03 - 01- 7456 . October 1, 2009 5_ Age (Last 9lnhdayl Under t year Under t day 6 Date of Bidh (Month, day, year) 7. Bldhplace (City and slate or foreign country) Ba. Place of Death (Check only one) ` $$ M°nt~e °"~ °ers "'°°'°' 11/17/1920 Ch inchilla, PA "osDitar °'her - - Yrs. _ _ ~ ~~ ^Inpahent ^ER/Outpet ant ^DOA Nursing Home ^Resdence ^Otr er p Bb. County of Death Bc. City. Boro. Twp. of -'death Bd. Facility Na (If not inslituron, . give street and number) 9 Was Decedent of Hispanic Originn No ^Ves t0 Race Am di Cumberland Upper Allen Twp. (L'~L~/a ~ ~ . n, ~lacr Wh,te. etc A~~ myes,spepiycoban, Ispeery) w~llte v i ~L _ Mexican, Puerto Rican, etc.) 17. Decedent's Usual Occu anon Knnd of worz done Burin most of wprkln life. Do not slate retired 12 Was Decedent ever in the 73. Decedent's Education (Specify only highest grade completed) 14. Marital Status. Marnetl. Never Married. 15. Surviving Soeuse (If wile iw maiden n Kind yWOrk ind of Business; Indust U.S. Armed Forces? homemaK2r ~omestic ry , g ame) Widowed, Divorced (Speer ElemenlarylSecondary(0-12) College+l H 4ar 6a) ^Yes ~Nc Z idowed 16. Decedent's Mailing Address (SireeL city! lover., slate, zip code) Decedent's Actual Residence 17a. slate 825 Siddonsburg Road Penns lvania Did Decedent -' y FalrV leW nc ~ves Decedem Lv d ' Lewisberry, PA 17339 n6 copmy . , m p e rw Townshav York D nd ^ Np.Decedemovedwithin 18 at Name (F t, mtdye, Iasi .~o~in ~eglna~~x' Watkins Sr. Actual Limits or ~hy Boro 79 her's me (First, middle, maiden surname) U~a~ys M ae Jenkin 20a. Inlormant's Name (Type /Print) Samuel C Miller III 206 Inlormant's Mailing Address (Slreel, city /town, slate, ztp code) ~W . , 3901 PicardyCourt, Alexandria, VA 22309 21a-Method of Disposition ~ ^ Cremation ^ Donation Burial ^ R i G sl l '~ 210. Date of Disposition (MOnlh, day, year) 21c-Place of Dispostion (Name of cemetery, crematory or other place( 2t d LacaLOn !City .town. ,late, z:p code) em°ya pm a p , waa aemahpn °r Donatlpn Amhnrized , ^ Other ~ Specity '~, by Medical Ezaminer I Cororrer? ^Yes ^ No October 6, 2009 St. John's Cemetery Hampden Twp. 22a. Sgn e of Fu rat Servic Lic nsee (or r acting as such) ~ ~ -~ 22h License Number FD 013340-L 22c Name and Address of Facility T Ile Ore FHFx C,g In 0 BOX 431 13$~ ~ri~ e St N Cu b ~ , , g ., ew m erland, PA 17070 Complete Items 23a-c oNy when certifying 23a. To the best of my knowledge, death occurred al the time. date and place slated. (Signat ure and title) 23b License Number 23 D physicten Is not available at time of tlealh to . c. ate Signed fMOn;r, day ve ceniry cause of death. Items 24-26 must be com teletl b person P Y who pronounces death. 24. Time of Death ~ / ~ ^ t M G 2fi. Dale Pronounced Dead (MOnlh. da , ~ y ~ ! /; ear y 1, ~~" ~ 26. W as Cese Refened to Medical Examiner! Coroner for a Reason Other than Crer•.ation or Dona'ionv . _ l / V C ' .. ^ Ves ^No CAUSE OF DEATH (See Instructions and examples) Item 27. Pad L Enter tMe Chatn eI t§-diseases tnjunee, or complications -That directly caused the death DO NOT enter terminal even r ADPraxtmate interval: ts such as cardiac arre t Pan II. Enter other s on (cant contlil ohs conM tin t Qe~(h, 20 Dltl Tobaccp Use Contribute to Death'+ . respiratory arrest, or ventricular hbrillatton without showing the etielogy List only one rouse on each line. s . Onset 1° Death but not resulting in the underlying cause given !r Par I. Yes Probably ^ ^ ,--,/ }J No ^ Unrcnowr IMMEDIATE CAUSE (Final disease or n ~ / ~ r ' condtion resulting in death) _~ /•' ~ eu /~ O a. S IQG~I/A~vtcCd vvl2nhA aw IC 29. If Female Due o (or es a consequence oi)_ . r ~~~~ ^~IJOI pregnant within pass year Sequentially list conditions, it any, b l di t th li d li ^ / r and u ~` ,ti„ d /J ~- ~ _ z _ _ / f ~ • r + ~ « r ^ Pregnant al time of death ea ng o e cause on ste ne a Due to or as a copse Enter the UNDERLYING CAUSE ( quence oQ. G (l C J - r r / ^ Nat pregnant, but cregnant within q2 days (disease er injury that initiated the c events resulting in tlealh) LAST. /1.,~ / ...~~ 0 / ~ ~ 7 FLLr• N of death Due to (or es a consequence ol). 7 ~ ^ Not pregnant, but pregnant 43 days o t year d. i belore death ^ Unknown it pregnant within the past year 30a. Was an Autopsy 30b. Were Autopsy Findings 31 Ma er of Death 32a. Date of Injury (Mon Pedonned? Available Pdor to Comptelion th, day, year) 326. Describe How Injury Occuned 32c. Place of Ina Home, Farm. Street, Facto I ry ry. of ('ause of Oeath? Natural ^ Homicade Office Building, etc. (Specrty! ^ Yes [>~NO [] Yes ~f No ^ Acmdenl ^ Pending Invesligalion 32d. Tme of In)ury 32e_ Injury et Work? 32f. II Transportation Injury (SDec'ify) 32g. Location of Injury (Street- city ! town, stare) ^ Suicide ^ Could Not be Determined ^Yes ^ No ^ Dnver I Operator ^ Passenger ^Pedesinan M ^ONer ~ Spec!ly: 33a. Cenlller (check only one) • Candying physician (Physioan cemlying cause of tlealh when another onysiaan has Dronounced tlealh end completed Item 23) T th b f 33b Blgnalure apd Title of Certifier ^ I,~f /\ o e est o my knowledge, death occurred due to the cause(s) and manner as stated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ • Pronouncin and certif in h sici Ph i i th _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ / ~ g y g p y an ( ys c an bo pronounnng death one ceniryinq to cause of death) To the best of my knowledge, death occurted at the time, date, and place. and due to the cause(s) and manner as stated ^ 33c. License Numher 33e Date Signed ;Month. day, year) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ • Medical Examiner !Coroner ~7/~ , / ' / / z !O 'r~ ~Y ~ ~ ~ o - o z - z o a q On the basis of examination and I or investigation, in my opinion, death occurred at the time, dale. and place, and due to the cause(s) and manner as stated- ^ 34 N d A ~~ 3fi. Regis ~~~J_S~~tgn~~a~t~u,re and ~ b r t ~ / ) / JC ~ / 36. Dale Fll AZorn ~ day, yaad , ame an ddres~sJOf/PJerson/~Who Compleletl Cause of Death (item 2", 'ype ! Pnnl ~NO~I~-L~/4'• Y.SH" ~Q i 'S~~'`y' f~ JJ lOO !~'1T /Q'!/~N !'L/YC ® / ~ (/7Y/Ci C, ~ ~ ~ ~ ~ ~ ~ /G, ~ ~JGC ~viE~- alvlcs s ; , B~2~ ,4 mos Disposition Permit No. U /~ ~ U ~ M LAST WILL A~VD TESTAtYIENT ~_, --. OF ';' ,~~ ~4) ~ ~_J ELIZABETII J. MILLER ; ~ , --. - -~ ~.~ ,~-.., ;, -~> I, Elizabeth ,I. Miller, of Lower Allen Township (Cumberland County), Pennsylvania, mime this my Will. I revoke all my prior Wills and Codicils. I am married to Samuel C. Miller, Jr. ("my husband"). I have four children living on the date of execution of this Will, SAMUEL C. MILLER, III, of Alexandria, VA; LINDA M. WAGNER DEBRA M. LATSHA and JOHN R. MILLER, all of Lewisberry, PA. I have four gn-andchildren hiving on the date of execution of this Will, ALLISON L. WAGNER, ADRIENNE L. WAGNER, LANCE E. MILLER, all of Lewisberrv, PA and EMILY M. MILLER of Alexandria, VA. Article 1. Distribution of My Estate. A. Tangible Personal Property (1) I give my tangible personal property to my husband if he survives me. (2) If my husband does not survive me, my Executor shall divide my tangible pe°rsonal property into two shares. The first share shall consist of all tangible personal property mti~ Executor may deem appropriate for distribution to my children in kind, and I give this share equally to my children. The second share shall consist of the balance of my tangible personal property, and my Executor shall sell this share and add the net proceeds to my residuary estate. B. Principal Residence. I give all my interest in my principal residence, including all adjoining real property anal related casualty insurance, to my husband if he survives me. This gift includes any interest in a condominium or cooperative apartment if it is my principal residence at my death. C. Residue of Estate. If my husband survives me, my Executor shall divide the residue of my real anal personal. estate including my interests in all stocks, bonds and bank. deposits into the Marital Share and the Credit Trust as directed in Article N. If my husband does not survive me, all the residue shall constitute the Credit Trust. I give the Marital Share to my husband outright. I give the Credit Trust to my Trustee to be administered as directed in Article II. .Article II. Credit Trust A. During.My Husband's Lifetime. My Trustee shall pay the net income of the Credit 'Trust to my husband during his lifetime in quarterly or more frequent installments and may pay to him as much of the principal as my Trustee may deem necessary for his support and health. B. Upon Survivor's Death. Upon the death of the survivor of m_y husband and me, my "Trustee shall distribute the principal and any undistributed income of the Credit Trust to my then living lineal descendants, as follows: one fifth is given to each of my children, SAMUEL C. PvIILLER, III, LINDA M. WAGNER, DEBRA M. LATSHA and JOHN R. MILLER, (or in the event the child predeceases the survivor of my husband and I, to that child's heirs). The remaining one fifth part is to be divided equally among all my living lineal descendent grandchildren; provided, the share that would pass to any grandchild of mine who has not reached age twenty-one shall be retained in a separate trust to be administered as directed in the following paragraphs. (1) Grandchild's Separate Trust. My Trustee may pay to or for the benefit of the grandchild as much of the income and principal as my Trustee may deem necessary for the g;randchild's support, health and education (including higher education). (2 } Termination ofGrandchild's Trust. When the grandchild reaches age riventy- one, my Trustee shall distribute the remaining principal and any undistributed income of the trust to the grandchild. If the grandchild dies before reaching that age, my Trustee shall distribute the principal and any undistributed income to the grandchild's then living lineal descendants, per stirpes, or if there are none, to my then living lineal. descendants, per stirpes; provided, the share that would pass to any other grandchild of mine who has not reached age twenty-one shall be added to such grandchild's separate trust. Article III. Interests nesting in Certain Beneficiaries. Whenever an_v interest in my estate or any trust hereunder vests in a beneficiary under the age of twenty-one, it shall be administered pursuant to either paragraph A or paragraph B below. A. Vested Interests Retained in Trust. My Executor may distribute such interest to my Trustee, to be held in trust, or my Trustee may continue to hold such interest in trust In either case, my Trustee may pay to or for the benefit of the beneficiary as much of the net income or principal of the trust as my Trustee may deem necessary for the beneficiary's support, health and education (;including higher education). When the beneficiary reaches age twenty-one, my Trustee shall distribute the trust assets to the beneficiary. if the beneficiary dies before reaching that age, my Trustee shall distribute the trust assets to the beneficiary's estate. B. Distribution to Custodian My Executor or my Trustee may also distribute the bene- ficiary's interest to a custodian under the Uniform Transfers to Minors Act (21). C. Vesting Not Postponed. The provisions of this Article shall not postpone vesting of any interest in the beneficiary. Article 1V. Division into Credit Trust and Marital Share. A. Division of Residue. If my husband survives me my Executor shall divide the principal of the residue of my estate into the Credit Trust and the Marital Share in the manner described in this Article. B. Credit Trust Fractional Share. The Credit Trust shall consist of a fractional share of the residue. The numerator of the fraction shall equal the largest value of the residue that can pass free of federal estate tax by reason of the unified credit and the credit for state death taxes (to the extent the use of such credit does not increase state death taxes} allowable to my estate, after reduction by reason of (1) my adjusted taxable gifts, (2}other dispositions of property included in my gross estate for which no marital, charitable or other deduction is allowed in computing my :Federal estate tax and (3) administration expenses and other charges to principal that are not claimed and allowed as federal estate tax deductions. The denominator ofthe fraction shall equal the value of the residue based upon values as finally determined for federal estate tax purposes. C. Marital Share Fractional Share. The Marital Share shall consist of the remaining fractional share of the residue. D. Tax Elections. Any portion of the Marital Share for which the marital deduction is not allowed in computing my federal estate tax by reason of a qualified disclaimer shall not be deemed "other dispositions of property" under clause (2) of paragraph B. I realize that the fractional shares of the Credit Trust and Marital Share may otherwise be affected by the exercise of certain tax elections. E. Assets Not Subject to Division. My Executor shall segregate and add to the Credit Trust all assets that are not included in my gross estate, and such assets shall not be subject to the fractional division described in this Article. F. Allocation of Assets. My Executor shall not allocate to the Marital Share anv property or proceeds of property that cannot qualify for the marital deduction. To the extent :possible, my Executor shall not allocate to the Marital Share any assets upon which a foreign death tax is payable. In other respects my Executor may allocate assets as my Executor may deem to be yin the best interests of the beneficiaries, valuing each asset on the date of allocation. G. Allocation of Income. Income earned on the residue before the division (and income on assets used to make the payments under Article V) shall retain its character as income and shall be allocated in the same fractions. Income earned on assets that are not included in my gross estate shall retain its character as income in the Credit Trust. Article V. Debts, Taxes and Other Charges A. Debts and Funeral Expenses. My Executor shall pay or provide for the payment of my debts and the expenses of my funeral and burial (including the cost of a headstone or marker). My Executor shall not seek contribution from my husband on our joint debts. However, if my husband wishes to retain any residence or other real property subject to a mortgage or similar indebt- edness, my Executor may elect not to pay the indebtedness. B. Taxes. My Executor shall pay or provide for the payment of all estate, inheritance and similar taxes payable by reason of my death, including taxes on assets not passing under this Will and interest on taxes. Except as otherwise provided with respect to certain disclaimed property, the taxes and interest shall be paid as a cost of administering my estate and without apportionment. Article VI. Fiduciaries. A. Executors and Trustees. l name my son SAMUEL C. MILLER, III to be m~ :Executor and my Trustee. If he fails to qualify or ceases to serve, I name my son JOHN R. MILLF,R to be my Executor and my Trustee. I request that no security be required of my Executor or my Trustee. I direct that my Trustee shall not be required to file annual accounts with any court as otherwise required by the laws of Pennsylvania or any other jurisdiction. B. Compensation. Any individual serving as Executor or Trustee shall be entitled to receive reasonable compensation for fiduciary services. C. Fiduciary Powers. I give my Executor and Trustee the following powers, which are to be construed in the broadest manner consistent with the validity and with their duties as fiduciaries. I give the powers stated here in addition to those granted by law and I give them to fiduciaries who succeed the fiduciaries I have appointed. a. To retain any and all of the assets of my estate, real or personal, without regard to any principle of diversification or risk. b. To invest in all forms of property, including stocks, common trust funds and mortgage investments, without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper without regard to any principle of diversification or risk. c. To sell at public or private sale, to exchange or to lease, for any period of time, any real or personal property and to give options for sale, exchanges or leases, for such prices and upon such terms or conditions as they deem proper. d. To allocate receipts and expenses to principal income or partly to each as then from time to time think proper. e. To borrow money from. any person or institution, and to mortgage or pledge .any or all real or personal property as my Executor or Trustee, in their sole discretion shall choose. without regard for the dispositive provisions of this instrument. To register securities in street name or in the name of a nominee or in such manner that title shall pass by delivery and to vote, in person or by proxy, securities held hereunder and in such connection to delegate discretionary powers. g. To compromise any claim or controversy. h. To choose the optional valuation date for federal estate tax purposes. To exercise any law-given option to treat administrative expenses either as income or as estate tax deductions, without regard to whether the expenses were paid from principal or income To exercise any law-given option to pay death taxes in installments, the pay- rnent of interest due on such installments to be a charge against principal. k To make distribution in cash and in kind, and in such manner as they may determine, and at valuation finally to be fixed by them. D. Funding of Marital Share. In funding the Marital Share, my Executor shall not exercise any power in a manner that would infringe upon any legal reQuirement for the allowance of the marital deduction. E. Merger. My Trustee may merge or consolidate for administrative purposes any trust under my Will with any other trust made by me or my husband having the same Trustee and suh- stantially the same dispositive provisions. F. Termination of Small Trusts. If at any time the size of any trust under my Will is so small that, in the opinion of my Trustee other than any income beneficiary of the trust, the trust uneconomical to administer, my Trustee may terminate the trust and distribute the assets among the ~aersons then authorized to receive trust income in such shares as my Trustee may deem appropriate. G. Allocation of Assets. Assets allocated to one trust or share may be of different character or have different income tax bases than. assets allocated to another trust or share. H. Fiduciary Discretion. The powers and discretion granted to my Executor and my Trustee are exercisable only in a fiduciary capacity and may not be used to enlarge or shift any beneficial interest except as an incidental consequence of the discharge of fiduciary duties. My Trustee may make discretionary payments to the beneficiaries of any trust in unequal shares and rnay, but shall not be required to, consider other resources available to any beneficiary. My Executor <<nd my Trustee may make tax elections without regard to the relative interests of anv beneficiaries and may, but shall not be required to, make equitable adjustments among beneficiaries. Restrictions on Individual Trustees. No individual serving as Trustee shall have voice in any discretionary decision to distribute incame or principal of any trust in order to discharge a~ legal obligation of the individual or for the individual's pecuniary benefit unless necessary for the individual's support or health. ~~rticle VII. Miscellaneous Provisions. A. Spendthrift Provisions. To the extent permitted by law, the principal and income of any trust shall not be liable for the debts of any beneficiary or subject to alienation or anticipation by a beneficiary, except as other provided. B. Survivorship. I shall be deemed to have survived my husband if we die simultaneously or if, in the opinion of my Executor, there is no sufficient evidence we have died otherwise than simultaneously. C. Disclaimer. Any beneficiary or the legal representative of any deceased beneficiary shall have the right, within the time prescribed by law, to disclaim any benefit or power under my Will. All or any fractional part of the Marital Share disclaimed by or on behalf of m_y husband shat l be added to the Credit Trust. My husband shall have the same interest in such added property as he has in the other property in the Credit Trust (unless he also disclaims his interest in the Credit Trust}. Any additional estate or inheritance taxes attributable to any disclaimer ofthe Marital Share ~or other property qualifying for the marital deduction shall. be paid from the disclaimed property. 'The taxes attributable to any disclaimer shall be the difference between (1) the actual taxes payable .at my death and(2) the taxes that would be payable if the disclaimer were not made. E. Takers in Default. If at any time there is no living beneficiary designated to receive the assets of my estate or any trust under my Will, my Executor or Trustee shall distribute the assets (1 j one-half to the persons who would be my distributees under the laws of Pennsylvania then in effect if I had then died without a Will, unmarried and owning the assets and (2) one-half to the persons who would be my husband's distributees under the laws of Pennsylvania then in effect if the had then died without a Will, unmarried and owning the assets. F. Construction of Terms. Where appropriate to the context, pronouns or other terms ~°xpressed in one number and gender shall be deemed to include the other number and genders. "Tax related terms shall be construed in the context of the federal revenue laws in effect at my death. G. Governin~Law. This Will shall be construed in conformity with the law of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I, Elizabeth J. Miller, hereunto set my hand and seal this Dav of ~"'~~~ , 2003. ABE J. L Signed, sealed, published and declared by the above named ELIZABETH J. MILLER to be 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 hereunto subscribed our names as witnesses. ea7 ~cddonslou~~ Of le ~v ~'.sbe~r ~~. r ?33~ gz5 s~AoU,,,,d ~ Of ~e.w;s~~,, . n 17.E 3q * * *ACKNOWLEDGMENT* * COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS: I, Elizabeth J. Miller, TESTATRIX, whose name is signed to the attached or foregoing instrument, having been duly Qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to and acknowledged before me, a Notary Public, this Day of ~3 ~, , 2003. ~ t~ta~~at K. G'~c'~~~on ~yiE.. Jr. Nc,'.ary ~-'Lr`>rIG i i rm r+ r Ttitip ~ r ~ r~eria r+ C'ct. t1' i n,ryCor ,r, ,r FY~i~s~~t ~1.~~~? ~~ v t,1.r",t.>H~. f'r; ,ns/wania A^anaatu)n C_N N04ariP.5 ****AFFIDAVIT**** COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS: ~~~~ r ~~ ~ ~~v t (Official Capacity of fi er} We the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will; that she signed willingly and that she executed it as her free and voluntary act for the purpose therein expressed; that each of us in the hearing and sign. of the Testatrix signed the Will as witnesses; and that to the best of our knowledge the Testatrix, Elizabeth J. Miller, was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. ?003 Sworn. or affirmed to and subscribed to before me by witnesses, this day of ~~~ ~~', wr~ hJotari~l s~'~ '_'.w..' p Ebert K. tJ~cMenayla, Jr., hJotary P~i~f~ ~ i-~"?;;tC: oo ~i »v,^ , {;i;mb~r!t,r;d Ccr:n;y ~f;;!:;c:;~tmi5eionExr;ir,s.<sr2. ~0,?:MJ7 ~.. .Cl ;+:;. i'",..S`;yhre2fllli %i5^~Cx:iB,ia7 Cif t~t~L'i11k~S (Official Capacity