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HomeMy WebLinkAbout10-20-09COMMONWEALTH OF PENNSYLVANIA, COUNTY OF DAUPHIN, ss: o~-~ 1, Todd A. Hoover, Judge of the Orphans' Court Division of the Court of Common Pleas of Dauphin County, DO CERTIFY, that the foregoing Certificate and Attestation made by Sandra C. Snyder, Register of Wills and Clerk of said Orphans' Court Division, whose name is thereto subscribed and seal of said Court affixed, are in due form and made by the proper officer. IN TESTIMONY WHEREOF I have hereunto set my hand, this 8th day of October A.D. 2009. COMMONWEALTH OF PENNSYLVANIA, 1 COUNTY OF DAUPHIN, Jy ss: ~.~ !~ Judge, Orphans' Court Division ot'the Court of Common Pleas of Dauphin County 1, Stephen E. Farina, Esq., Prothonotary of the Common Pleas Court of Dauphin County, DO CERTIFY that the Honorable Todd A. Hoover, by whom the foregoing Attestation was made, and who has hereunto subscribed his name, was at the time of making thereof, and still is, Judge of the Orphans' Court Division of the Court of Common Pleas of Dauphin County, duly commissioned and sworn to all whose acts, as such, full faith and credit are and ought to be given, as well in Courts of Judicature as elsewhere. TESTIMONY WHEREOF, I h e hereunto set my hand and affi ed the seal of said Court, t ~ day of Prothonotary ~ I~~1O COMMONWEALTH OF PENNSYLVANIA, 1 COUNTY OF DAUPHIN, Ji ss: 1, Sandra C. Snyder, Register of Wills and Clerk of the Orphans' Court for the County of Dauphin, in the Commonwealth of Pennsylvania, do hereby certify the foregoing to be a full and perfect copy of The Last Will and Testament of Eugene J. Finnegan, Deceased, Late of the Township of Derry, Dauphin County, Pennsylvania, together with copies of the following probate papers, viz: Petition for Letters Testamentary, Adjudication by the Register, and Letters Testamentary. Recorded on Microfilm roll 151 as the same remains on file and of record in my office at Dauphin, Pennsylvania. At Testimony Whereof, I have hereunto se[ my hand and official seal at Harrisburg, PA, this 8th day of October, 2009. ~% ~n Wf Qn lr- . Register of Wills of Dauphin CC 77 i 7 O ri~ +:'7 ' ~ I'V fT~ 1'ft ..:~T 6 _a~t:~ ' ~~ Ss ~ C Y r~ ~ _ . _^~ O a: ~ 1 ._ p (~ i ~ ~~ Register o' !ills of Dauphin County, Per •ylvania ' PETITION FOR GRANT OF LET I ERS Estate of EUGENE J FINNEGAN also known as E• J- FINNEGAN , ~ ~ .` ~-, Deceased IM4YxnnIN. Mn Ylx- III Yen el M• m NIa. MNYMYI Ix: (COMPLETE "A" OH "B" BELOW:1 ~YiA No. 3C0 ~- / '7 7~ Social Security No. 022-14-761 1 „A. Probate and Grant of Letters and aver (hat Pelitienerlsl is/atattlte execut Or narneJ iat Ihr. Last Will ul lhr. Decedent, dated 11 /09/94 and codicills) dated nx1 xN•xe tlMYM1Y,pYY, Y.I.. ,YAxtlx1M. MNI „1 OYYWl~n. 01 a. Except es lollows, Decedent did not merry, was not divorced, and did not have s child born or adopted alter execution of tho documents ollaro<I for probote; wes not the victim of a klllina end wes never edludloetad Inoompetenl: B. Grant of Letters of Administration la.ra. a e.n.a.,.n. VxN4X-Nn: dawpn xmr.u.: dnxnn nvy.,,, y,.l Petilionerlsl after a proper search has/have ascertained That Docedenl loll no Will and was survived by uln t,ar .....:......... iii anyl and heirs: _. Decedent, then 79 years of Decedent al deoth owned property w(lh estimatod valuos an lollows: pl domicllod in PAI All personnl property , , , , , , , , Ill eat domicllod in PAl p ""•••'••••• ..5 Ton, nnn nn eraonnl proporty In Penneylvenin ...................... 3 III not domiciled in PAI Personal proporty in County , , ..... . Value o/ reel eatnte In Penns}ivonie .. ~ ~ ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' s Tolel .............. .......... .... Ronl Eeteta situatod oe lollows: '"""""""'•~•~•••••~•~......8 1.ODn•000 Q~ Wberaloro, Pelitionarls) respectfully requestlal the probate of the lest WIII and Codicillsl presented with This Petition end the arum el Initnra in the epprupdete form to the undoreianed: ur printed nano mid rrsidonce 2935 Stillmeadow Lane York, PA 17404 0..r x,Y.l, .Y,eYn xx n•.,Inynµ Yl age, died_March 10 ts,9~, at Hummelstown Daur,hi x xxn I n Coun Ru-~ Decedent was domiciled at death in Dauohi n residenco at 205 E n Glenn ~t~. HESShE ~~'- Cour1}y, pemrsylvania, with his/her iast family or prinfapal P....., T,.. \ 3th of Personal Representa~ , Commonwealth of Pennsylvania , County of Dauphin The Petitionerls) above-named swearlsl and affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petltionerlsl and that, as personal representativelsl of the Decedent, Petitionerls) will well and truly administer the estate accords to law. Sworn to and affirmed and subscribed L_ before me this '~ ~ S °?--~_, day of 19 /~ veetiEE OF REGISTER Estate of Eugene J. Finnegan Deceased No, 361-1998 also known as - --- - Social Security No: 022 14 7611 Date of Death: March 10. 1998 AND NOW, April 23 ~ 9 98 on the reverse side here isfac~or -. in consideration of the petition IT IS DECREED that Letters €~ Testam nParot having been presented before me, Y ~ of Administration are hereby granted to le 1 n. it 1. u . Mxxlrv.lrv Lin. Xx~nu~ Mn.xnM. .ln~yn, xnxnnixi I in the above estate and that the instrumen;ls), if any, dated i1-9-1994 described in the Petition be admitted to plot+ate and filed of record as the last Will of Decedent. FEES Letters ........................... 3L~?y 'rsa, bn Short Certiticate(s)...~(a,,, S- O I nn Renunciation.... S Affidavit )~,~,,,...._.. S Extr~Pag (tL4,.......... -- e Coti~... ~".?....~~ .... _ S ..... J at ~ JCf~e..~... ~N......... S-~. o n Inventory $4Ta~~brms... $ ~.S n ~, Other ................fi*......... S --__. TOTAL ................ S •~~ DO RW-7a - isalctwr o1 Wilb Jane D. Mar_fi2o Attorney: Alan K. Patrono I.D. No: 10867 Address: 1_35 N_Geor a Street ~ 3c, _i York, PA 17401 -\ Telephone: 717 / 8 4 F.8174 ~^*~ DATE FILED: LAST WILL AND TESTAMENT OF EUGENE JOSEPH FINNEGAN Dated: November 9 1994 LAST wiLL ANa OF SU(iEHS JOSEPH FINHEOAN I, EUGENE JOSSPH FINNEGAN, a resident of and domiciled in the Commonwealth of Pennsylvania, make, publish and declare this to be my Last will and Testament, revoking all wills and codicils at any time heretofore made by me. FIRST: I direct that the expenses of my last illness and funeral, the expenses of the administration of my estate, and all estate, inheritance and similar taxes payable with respect to prop- erty included in my estate, whether or not passing under this will, and any interest or penalties thereon, shall be gaid out of my residuary estate, without apportionment. Notwithstanding the fore- going, all charges to principal not deducted in computing the Fed- eral estate tax shall be paid first out of the property passing to the Unified Credit Trust hereinafter provided for, and then out of my residuary estate. SSCOND: I give all tangible personal property owned by me at the time of my death (except cash), including without limita- tion personal effects, clothing, jewelry, furniture, furnishings, household goods, automobiles and other vehicles, together with all insurance policies relating thereto, to my wife RUTH CONNSR FINNEGAN, if she survives me. THIRD: If RUTH CONNER FINNEGAN shall survive me, I dir- ect my Executor to allocate to the disposition provided for in the next following paragraph of this Article THIRD (the "Unified Credit Trust") a sum equal to the maximum amount by which my Federal tax- able estate (determined without regard to this Article THIRD) may be increased without causing an increase in the Federal estate tax payable by reason of my death after taking into account all credits available against such tax; provided, however, that the credit for state death taxes shall be taken into account only to the extent that it does not result in an increase in the state death taxes which otherwise would be payable. For the purposes of determining the sum disposed of by this Article THIRD, the values and amounts finally determined for Federal estate tax purposes shall control, and disclaimers shall not be taken into account. I recognize that the amount of any sum allocated may be affected by the action of my Executor in exercising certain tax elections, and that no sum may be allocated. I give the sum determined as aforesaid to my Trustee, IN TRUST, to hold the same in accordance with the following provi- sions: (a) My Trustee shall manage, invest and reinvest said sum and shall pay the entire net income therefrom to or for the benefit of RUTH CONNER FINNEGAN, from and after my death and for so long as RUTH CONNER FINNEGAN lives, in quarter-annual or more frequent intervals as deter- mined in the absolute discretion of my Trustee. (b) In addition, my Trustee may pay to or for the bene- fit of RUTH CONNER FINNEGAN, for RUTS CONNER FINNEGAN's health, education, maintenance and support, from the principal of this trust, such amounts, including the whole thereof, as determined in the absolute discretion of my Trustee. (c) Upon the death of RUTA CONNER FINNEGAN, I direct that the principal of this trust then remaining shall be paid and distributed to ELIZABETH A. BORNT-DAVIS AND CARA L. BORNT-DAVIS in equal shares provided they have not attained the, age of fifty (50) years of age. If, however, either of them shall then be under the age of fifty (50) years the share of such Beneficiary shall be held by my Trustee, IN TRUST, pursuant to the terms of Paragraph "FOURTH", sub-paragraph c herein. FOURTH: I give all the rest, residue and remainder of my property and estate, both real and personal, of every kind and wherever located, to which I shall be in any manner entitled at the time of my death (collectively referred to as my "residuary es- tate"), as follows: (a) If RUTH CONNER FINNEGAN survives me, to RUTA CONNER FINNEGAN. (b) If RUTH CONNER FINNEGAN does not survive me, my residuary estate shall be paid and distributed to JOHN E. DAVIS. (c) If RUTH CONNER FINNEGAN and JOHN S. DAVIS do not survive me, my residuary estate shall be paid and distributed to those of ELIZABETH A. BORNT-DAVIS and CARA L. BORNT-DAVIS who survive me, in equal shares. If, however, either ELIZABETH A. BORNT-DAVIS OR CARA L. BORNT-DAVIS shall be under the aqe of fifty years (50) (CARA L. BORNT-DAVIS and ELIZABETH A. BORNT-DAVIS) being hereinafter referred to as a "Beneficiary"), the share of such Beneficiary shall not be paid or distributed to such Beneficiary but instead shall be held by my Trustee, IN TRUST, pursuant to the following provisions: (i) My Trustee. shall hold, manage, invest and reinvest each share set aside for each Beneficiary in a separate trust for the 2 benefit of such Beneficiary and shall pay so much or all of the net income from each such trust to or for the benefit of the Beneficiary, thereof, for the health, education, maintenance and support of the Beneficiary, to such extent and at such time or times and in such manner as may be determined in the absolute discretion of my Trustee. Any net income not so paid shall be accumulated and added to principal at least annually and thereafter shall be held, administered and disposed of as a part thereof. When any Beneficiary shall attain the age of twenty-one (21) years, or if any Beneficiary is twenty-one (21) upon the creation of such Beneficiary's trust, my Trustee shall pay the net income to or for the benefit of such Beneficiary, in quarter-annual or more frequent intervals. (ii) In addition, my Trustee may pay to or for the benefit of each Beneficiary, for the health, education, maintenance and support of each Beneficiary, from the principal of each Beneficiary's trust, such amounts, including the whole thereof, as determined in the absolute discretion of my Trustee. (iii) When any Beneficiary shall attain the age of fifty (50) years the Trust for such Beneficiary shall terminate and any remaining principal and income shall be paid and distributed to such Beneficiary, discharged of trust. If such Beneficiary dies before said age, such principal and income shall be paid and distributed to such persons or entities (other than such Beneficiary, creditors of such Beneficiary, the estate of such Beneficiary, or creditors of the estate of such Beneficiary), in such proportions and in such manner, outright or in trust, as such Beneficiary may appoint by a will, executed after attaining majority and admitted to probate, specifically referring to this power of appointment, or absent such appointment (or absent my Trustee receiving notice of the existence of such a will within 3 months after the death of such Beneficiary) to any then living issue os such Beneficiary, in equal shares per stirpes, or if such Beneficiary has no issue to those who would take from me as if I were then to die without a will, unmarried 3 and the absolute owner of the same, and a resident of the Commonwealth of Pennsylvania. (c) If none of the beneficiaries described in clauses (a) and (b) above shall survive me, then I give my resid- uary estate to those who would take from me as if I were then to die without a will, unmarried and the absolute owner of my residuary estate, and a resident of the Commonwealth of Pennsylvania. FIFTH: The determination of my Trustee as to the amount or advisability of any discretionary payment of income or principal from any trust hereunder shall be final and conclusive on all per- sons, whether or not then in being, having or claiming any interest in such trust. Upon making any such payment, my Trustee shall be released fully from all further liability therefor. No disposition, charge or encumbrance on any income or principal of any trust hereunder by any beneficiary thereof shall be valid or binding upon my Trustee. No beneficiary shall have the right to assign, transfer, encumber or otherwise dispose of any such income or principal until the same shall be paid to such bene- ficiary by my Trustee. No such income or principal shall be.sub- ject in any manner to any claim of any creditor of any beneficiary. The right of any beneficiary to any income or principal hereunder shall be subject to all charges or deductions which my Executor or Trustee may make under law or any provision of this will. SI%TH: If any principal or income of my estate or any trust hereunder vests in absolute ownership in a minor or incompe- tent, my Executor or Trustee, at any time and without court auth- orization, may: distribute the whole or any part of such property to the beneficiary; or use the whole or any part for the health, education, maintenance and support of the beneficiary; or distri- bute the whole or any part to a guardian, committee or other legal representative of the beneficiary, or to a custodian for the beneficiary (including a custodian appointed by my Executor or Trustee without court order) under any gifts to minors or transfers to minors act, or to the person or persona with whom the beneficiary resides to use for the beneficiary. The receipt of the person to whom the distribution is so made shall release my Execu- tor and Trustee from any liability with respect thereto, even though my Executor or Trustee may be such person. If such beneficiary is a minor, my Executor or Trustee may defer the distribution of the whole or any part of such prop- erty until the beneficiary attains the age of eighteen (18) years, and may hold the same as a separate fund for the beneficiary with 4 all of the powers described in Article SEVENTH hereof. If the beneficiary dies before attaining said age, any balance shall be paid and distributed to the estate of the beneficiary. The word "minor", wherever used in this Article SIXTH, shall mean any person who shall be under the age of eighteen (18) years. SEVENTH: My Executor and Trustee shall have all of the powers conferred by law upon fiduciaries in every jurisdiction in which they may act. In addition, the following powers are confer- red upon both my Executor and Trustee, exercisable in the absolute discretion of my Executor and Trustee, as the case may be: (a) To retain and hold any property for any period, whether or not the property is of the character permissi- ble for investment by fiduciaries under any applicable law, and without regard to the effect the retention may have upon diversification of investments. (b) To sell, exchange, grant options on, transfer or otherwise dispose of any property, at public or private sale, for cash or on credit, secured or unsecured, at such time or times, in such manner and upon such terms and conditions as my Executor or Trustee shall deem ad- visable. (c) To invest and reinvest in common or preferred stocks, bonds, securities, mortgages, investment trusts, common trust funds, mutual funds, evidences of rights or interests, and other property, real or personal, domestic or foreign, whether or not the investments are permis- sible for fiduciaries under any applicable law and with- out regard to diversification. (d) To render liquid my estate or any trust in whole or in part, at any time and from time to time, and to hold cash or readily marketable securities of little or no yield for such periods as my Executor or Trustee shall deem advisable. (e) To manage, maintain, repair, alter, improve, insure, partition, subdivide, lease for any term (whether or not beyond any period fixed by statute for leases made by fi- duciaries or beyond the term of any trust created here- under), mortgage, encumber, grant security interests in, or otherwise purchase, dispose of, or deal with any real or personal property, as my Executor or Trustee shall deem advisable. (f) To abandon any property which my Executor or Trustee shall deem worthless or not of sufficient value to 5 warrant keeping or protecting; to abstain from the pay- ment of taxes, assessments, repairs, maintenance or other upkeep therefor; to permit any property to be lost by tax sale or other proceedings or to convey any such prop- erty for no or a nominal consideration. (g) To form one or more corporations, alone or with any person, in any jurisdiction, and to transfer assets of my estate or any trust to any new or existing corporation in exchange for stock; to form one or more partnerships with any person in any jurisdiction, to have my estate, any trust or a nominee be a general or limited partner, and to transfer assets of my estate or any trust to any new or existing partnership as a capital contribution; to enter into one or more joint ventures or associations with any person in any jurisdiction, and to commit assets of my estate or any trust to the purposes of those ven- tures or associations; and to retain as an investment for any period any securities, partnership interests or other assets resulting from any such actions. (h) To enter into, modify or terminate agreements with any person regarding voting rights, management, opera- tion, retention or disposition of interests in corpora- tions, partnerships, joint ventures, associations or other businesses of my estate or any trust, regardless of whether any agreement is in effect when that business in- terest is received by my Executor or Trustee; to retain and continue to operate, or permit the operation of, any business, on the terms which governed when received by my Executor or Trustee or on different terms; to invest ad- ditional sums in any business, even to the extent that my estate or any trust may be invested entirely in any bu~i- ness, without liability for any loss resulting from lack of diversification; to act as or select other persons (including any beneficiary) to act as directors, offi- cers, managers or employees of any business, with reason- able compensation without regard to their being a fidu- ciary or beneficiary and, in the case of my Executor or Trustee, without regard to the commissions allowed by law; to discontinue any business or sell or otherwise dispose of any interest therein on such terms and condi- tions as my Executor or Trustee shall deem advisable; and to make such other arrangements with respect to any business as my Executor or Trustee shall deem advisable. I exonerate my Executor and Trustee from any loss result- ing from the retention or operation of any business or any depreciation in the value thereof, unless such loss shall result from the gross negligence or willful miscon- duct of my Executor or Trustee. 6 (i) To vote, in person or by general or limited proxy, any shares of stock or other securities; to exercise or dispose of any options, subscription or conversion rights, or other privileges or rights of any other nature; to become a party to, or deposit securities or other property under, or accept securities issued undeY any voting trust or similar agreement; to assent to or participate in any reorganization, readjustment, recapi- talization, consolidation, merger, dissolution, liquids- tion, sale or purchase of assets, lease, mortgage, election, contract, agreement, or other action or pro- ceeding by any corporation; to deposit securities or other property under, or become a party to, any agreement or plan for any such action or proceeding or for the pro- tection of holders of securities; to subscribe to new securities or exchange property in connection with the foregoing; to delegate discretionary powers to any re- organization, creditors, stockholders or similar commit- tee or protective group; and to pay any assessments or expenses in connection with the foregoing. (j) To pay, collect, adjust, compromise, settle or refer to arbitration any claim in favor of or agai.nat my estate or any trust, and to institute, prosecute or defend such legal proceedings as my Executor or Trustee shall deem advisable. (k) To foreclose mortgagee and bid for property under foreclosure or take title by conveyance in lieu of fore- closure; to continue investments after maturity; to modify, renew or extend any note, bond, mortgage, securi- ty agreement or similar instrument upon such terms and conditions as my Executor or Trustee shall deem advis- able; to release obligers or guarantors or refrain from instituting suits or actions for deficiencies; and to expend any sums or use any property as my Executor or Trustee shall deem advisable for the protection of any property or interest therein. (1) To borrow money or assets for any purpose, without personal liability therefor, from any person including my Executor or Trustee, and to secure repayment by mortgage or pledge of any property. (m) To lend assets to any person, including a benefi- ciary, the estate of a deceased beneficiary, or an estate or other trust in which a beneficiary has an interest, upon any terms and conditions, with or without security, for any purpose which may or will benefit my estate, any trust or any beneficiary. 7 (n) To exercise, at such times and in such manner as my Executor or Trustee shall deem advisable, any right of election or other rights which from time to time may be available under the Internal Revenue Code or any other tax law, regardless of whether the decision may be advan- tageous for my estate or any person interested therein; and to make such decisions as my Executor or Trustee may deem appropriate with respect to expenses or deductions for estate or income tax purposes, the filing of any joint or other income, gift or other tax returns and the apportionment of any joint tax liability, and the payment of any tax or collection of any refund, without the necessity of making adjustments or reimbursements between principal and income or among the beneficiaries of my estate. (o) To employ and pay the compensation of accountants, attorneys, experts, investment counselors, agents and other persona or firms providing services or advice, ir- respective of whether my Executor or Trustee may be asso- ciated therewith; to delegate discretionary powers to such persons or firma; and to rely upon information or advice furnished thereby or to ignore the same, as my Ex- ecutor or Trustee shall deem advisable. (p) To pay any and all costs, charges, fees, taxes, in- terest, penalties or other expenses of the administration of my estate, in installments with interest if desired, and except as expressly provided in Article FIRST hereof or elsewhere herein, to charge the same against the in- come or principal, or partly against each, of my estate or any trust. (q) To hold property in their names as Executor or Trustee, or in their names without designation of any fi- duciary capacity, or in the name of a nominee or nomi- nees, or unregistered, or in bearer form; to deposit property with a custodian or depository; and to remove property from Pennsylvania and keep property in other jurisdictions, without bond, surety or other security. (r) To pay any legacy or distribute, divide or partition property in cash or in kind, or partly in kind, and to allot any property, including undivided interests there- in, to any trust, part, fund or share, whether or not different kinds of property are allotted to other trusts, parts, funds or shares; to distribute directly from my estate to beneficiaries of any trust hereunder whether or not such trust has been funded; to hold the principal of separate trusts (including trusts established under the last will and testament of my wife) in a consolidated fund and to invest the same as a single fund; and to 8 ,. , merge any trusts (including trusts established under the last will and testament of my wife) which have substan- tially identical terms and beneficiaries, and to hold them as a single trust. (s) To act or refrain from acting in all respects as if financially uninvolved, regardless of any connection with or investment in any business or any conflict of interest between any fiduciary hereunder and my estate or any trust. No Executor or Trustee shall be disqualified or barred .from exercising any power or discretion conferred by law or under this will because such fiduciary may be a shareholder, officer, director, member, partner or person in any way interested in a corporation, partnership or other person or entity affected by the exercise of such power or discretion. My Executor or Trustee may contract, in any manner that my Executor or Trustee shall deem advisable, with any such corporation, partnership, person or entity. (t) To do all acts and execute and deliver all instru- ments as my Executor or Trustee may deem necessary or ad- visable to carry out any of the foregoing powers. No fiduciary shall be liable for acts or omissions in ad- ministering my estate or any trust created under this will, except for that fiduciary's own actual fraud, gross negligence or willful misconduct. If any fiduciary becomes liable as fiduciary to any other person who is not a beneficiary in connection with any matter not within the fiduciary's control and not due to the fiduciary's actual fraud, gross negligence or willful misconduct, such fidu- ciary shall be fully indemnified and held harmless by my estate or by the trust created hereunder giving rise to such liability, as the case may be, from and against any liability, claim, loss, dam- age or expense, including reasonable attorneys' fees, that such fi- duciary may sustain. No person who deals with any fiduciary hereunder shall be bound to see to the application of any asset delivered to such fi- duciary, or to inquire into the authority for, or propriety of, any action taken or not taken by such fiduciary. EIQHTH: In addition to the other powers granted here- under, my Executor and Trustee shall be entitled to determine the following: (a) My Executor or Trustee may determine, when there is reasonable doubt or uncertainty as to the applicable law or the relevant facts, which receipts of money or other assets should be credited to income or principal, and which disbursements, commissions, assessments, fees, 9 1. } taxes (except as provided in Article FIRST hereof), and other expenses should be charged to income or principal.. (b) Dividends, rights to subscribe to securities or rights other than cash declared or issued by corporations shall normally be dealt with as principal, but my Execu- tor or Trustee may allocate the whole or any part of such dividends or rights to income if in the opinion of my Ex- ecutor or Trustee such dividends or rights should be con- sidered as a distribution of current earnings of the cor- poration. (c) The proceeds from the sale, redemption or other disposition, whether at a profit or loss, and regardless of the tax treatment thereof, of any property consti- tuting principal, including mortgages and real estate ac- quired through foreclosure or otherwise, shall normally be dealt with as principal, but my Executor or Trustee may allocate a portion of any such proceeds to income if the property disposed of produced no income or substan- tially less than the current rate of return on trust in- vestments, or if my Executor or Trustee shall deem such action advisable for any other reason. (d) The preceding provisions of this Article EIGHTH shall not be deemed to authorize any act by my Executor or Trustee which may be a violation of any law prohibit- ing the accumulation of income. NINTH: I direct that for purposes of this will a benefi- ciary shall be deemed to predecease me (or any other person upon whose death the interest of such beneficiary depends) unless such beneficiary survives me (or such other person) by more than thirty days. TENTH: I appoint JOHN E. DAVIS to be my Executor. If JOHN E. DAVIS shall fail to qualify for any reason as my Executor, or having qualified shall die, resign or cease to act for any rea- son as my Executor, I appoint MARSHA BORNT as my Executor.. I appoint JOHN E. DAVIS to be my Trustee. If JOHN E. DAVIS shall fail to qualify for any reason as my Trustee, or having qualified shall die, resign or cease to act for any reason as my Trustee, I appoint DROVERS AND MECHANICS BANK or its Corporate successor as my Trustee. I direct that no Executor or Trustee shall be required to file or furnish any bond, surety or other security in any jurisdic- tion. Any Executor or any Trustee may, at any time, subject to judicial or non-judicial settlement of his accounts, resign by in- 10 . strument in writing, signed and acknowledged in duplicate, .one counterpart of which shall be delivered to the court in which this will is admitted to probate and the other counterpart of which shall be delivered to the successor Executor or the successor Trustee, as the case may be. The term "Executor" wherever used herein shall mean the executors, executor, executrix or administrator in office from time to time. The term "Trustee" wherever used herein shall mean the trustees or trustee in office from time to time. Each Executor and Trustee shall have the same rights, powers, duties, authority and privileges, whether or not discretionary, as if originally appoint- ed hereunder. Wherever used in this will and the context so requires, the masculine includes the feminine and the singular includes the plural, and vice versa. IN WITNESS WHSR80F I, EUGENE JOSEPH FINNEGAN, sign, seal, publish and declare this instrument as my last will and testament this 9 ~ day of November, 1994. ~~ The foregoing instrument was signed, sealed, published and declared by EUGENE JOSEPH FINNEGAN, the above named Testator, to be his last will and testament in our presence, all being pres- ent at the same time, and we, at his request and in his presence and in the presence of each other, have subscribed our names as witnesses on the date above written. ~/ l1 '~ i \ l~ 1o Vl Q1 ~ O ~ N residing at ~~~a ar ~ ~''~ i. ~ ~ ~1~ ~.~~~TP «~ ~~~ 11 ~ Q~ ~ ~-~ residing at ~Ce_ynren~ ~,, N2rt~Y.a•~ 'Ca 1~ 03 3 COMMONWEALTH OF PENNSYLVANIA) SS.: COUNTY OF~4u.P~,,~ ) ACRNOWLED(~~NT I, EUGENE JOSEPH FINNEGAN, the Testator whose name is signed to the foregoing instrument, having been duly qualified ac- cording to law, do hereby acknowledge that I signed and executed said instrument as my last will and testament; that I signed it willingly; and that I signed it as my free and voluntary act and deed for the purposes therein expressed. i Sworn to and acknowledged before me by EUGENE JOSEPH FINNEGAN, the Testator, this ~~~ day of November, 1994. ~~~~ Notary Public My commissionp-e7xpires on ~~ 9 ~1 °f oZ~ / / H~Metl~ad~NolsY Rdo My CanrtResm ~ mbar, enreyA~ AFFIDAVIT Each of the undersigned, lJ/ .<~-. /~ ,/~~fj.U= residing at o2/0 ~.~ /~~e~ /' "" 17f1.~~' and pF'~~~y~~/,/~~ht'. ti,~ / residing at ,~~~ J~ ~~~ , /~l~i /h' /70.~~ respectively, being individually and severally duly qualified according to law, did depose and say that: The foregoing last will and testament was subscribed in our presence and sight by EUGENS JOSEPH FINNEGAN, the Testator named therein. The undersigned witnessed the execution of said will of EUGENE JOSEPH FINNEGAN on the 7~"day of November, 1994. At the time the instrument was so subscribed, the Testator declared said instrument to be his last will and testament. The undersigned thereupon signed their names as witnesses at the end of said will at the request of the Testator, in the presence of the Testator and each other. At the time of so executing said will, in our respec- tive opinions, the Testator was at least eighteen years of age, and was of sound mind, memory and understanding, under no constraint, duress, fraud or undue influence, and in no respect incompetent to make a valid will. In our respective opinions, the Testator was able to read, write and converse in the English language, and was not suffering from any defect of sight, hearing or speech, or from any other physical or mental impairment which would affect his capacity to make a valid will. Each of us was acquainted with the Testator, and we make this affidavit at his request. Said will was shown to us at the time this affidavit was made, and we examined it as to the signature of the Testator and our signatures. Said will was executed as a single, original instrument, and not in counter- parts. ~.. \li •nl n. Kl c ~ ~ ~ ~. ~ RQ1 i~.V~w"V Subsqribed, sworn A`b and ackn~owledged before me by the said Vr~/~r~a H. ~j~sl%,,;/~+ rt P'ir./ /Y'• /Cciwa- November, 1994. as witnesses, this g~ day of Notary Public My commission expires on 7-~~_~~ Town D~Nqaay~YPublc MYon E'~~dy21,1 ter, V ~ 1 ~?ffice of the °~tegister of Wiiis for the County of Dauphin C~JMMONVt/EALTH OF PENNSYLVANIA 0361.1998 A®JU~ICA~'ION ON APRIL 23, 1998 A PAr'~SR DATED NOVEMBER 9, 1994 WA3 DULY ACCEPTED FOR PROBATE BY THS DAUPHIN COUNTY, PENNSYLVANIA, REGISTER OF WILLS, JANE .D. MARFIZO, AS THE ORIGINAL LAST WILL F.ND TBSTAMENT OF EUGENE J. FINNEGAN WHO DIED MARCH_10, 1998 AND RESZUED IN DERRY TOWNSHIP I'~' IS HEREBY ADJUDGED, ORDERED AND DECREED THAT THS SAID PAPER IS THS LAST WILL AND TESTAMENT OF THE SAID DECEDENT, EUGENE J. FINNBGAN IN TESTIMONY WHEREON, I HAVE HEREUNTO SET MY HAPID AND SBAL OF SAID OFFICE ON APRIL 23, 1998 REGISTER OF WILLS---¢. APPLE LEAF ABSTRACTING & SETTLEMENT COMPANY PATRONO & ASSOCIATES, LLC 28 WEST MIDDLE STREET GETTYSBURG,PA 17325 (717) 3348098 Fax (717) 337980 TO: CUMBERLAND COUNTY REGISTER OF WILLS FROM: Judy Rohanna DATE: October 19, 2009 File No.: A-507.040 ~~, l ~ y' PLEASE FILE THE ENCLOSED EXEMPLIFIED COPIES FROM THE ESTATE OF EUGENE J. FINNEGAN. IF THERE ARE ANY PROBLEMS, PLEASE ADVISE IMMEDIATELY. THANK YOU. TOT~pF~ S 35.00 if~'2-~ ~? o T ]7 ;ice O ~. _~,~;-~ r - n ~V ! irr~ r ;~:~ ~i ~ ~, a < r,.,,> ,< ~ ;bG _ -_~~~ f' y am ' ~~ b ' -? 1 ~. ~