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HomeMy WebLinkAbout01-19-10PETITION FOR PROBATE AND GRANT OF LETTERS ~~~~~~ f Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted r-Exec lion ~ the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person ~ ~ ~ ~: T; No Exceptions ~ .~'- , :. U7 ^ B. Grant of Letters of Administration (If applicable, enter: c.t.a; d.b.n.c.t.a.; pendente liter durante absentia; durante minoritate) REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Stanley Luckman File Number ~~ ~~ r 0~(,Y / also known as Deceased Social Security Number 119-16-5275 ELIZABETH HILLER Petitioner(s), who are 18 years of age or older, apply(ies) for: (COMPLETE `A' OR `B' BELOW:) _b A. Probate and Grant of Letters Testamentary and aver that Petitioners are the Executors named in the last~~f the Decedent dated September 12. 1995 and codicil(s) dated None ~_ 7 c.... ,-~ ; - Decedent's wife. Rosalyn Luckman has Renounced her right to serve as Executrix and requested that letters testam ~` ssuedt to the alternate Executrix dest ated m Decedent s Wtll Elizabeth Hiller. r 3~---. •- (State relevant circumstances, e.g. renunciation, death of executor, etc.) -' f.' " -=, ~ 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.a., enter date of Will in Section A above and complete list of heirs.) Name Relationshi Residence (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his last principal residence at 2853 Vista Circle Camp Hill Borou>rlt Cumberland County,-Pennsylvania 17011 (List street address, town city, township, county, state, zip code) Decedent, then 86 years of age, died on September 15. 2009 at Holv Spirit Hospital. Eas[ Pennsboro Township Cumberland County, Pennsylvania Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal Property $10.00 _ (If not domiciled in PA) Personal property in Pennsylvania $ N/A (If not domiciled in PA) Personal property in County $ N/A Value of real estate in Pennsylvania $ N/A TOTAL $10.00 situated as follows: Wherefore, Petitioner(s) respectively request the probate of the last Will presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Si nature T ed or rimed name and residence C o I~/%~ /~ -WL Elizabeth Hiller 3 Briarwood Court Cam Hill, PA 17011 766584.1 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirm and subscribed Before me the 0~ _day of ~ , ~~_ F the Regi C~ ~~ _o c ~_ rt C"7 Signatitfe of Personal Representati3~ ~. ~~ ~~ ~= ~ ~ Signature of Personal Representat~ N _; ~ ~ ~ ,~:~f cn `' x Signature of Personal Representative File Number: ~ I ~' ~~ , ~D Estate of Stanley Luckman ,Deceased SocialSecuntyNumber 119-16-5275 Date of Death: September 15, 2009 AND NOW, , ~3p 1 (~, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters are hereby granted to ~~ 17.C'i e. -~-~ ~ in the above estate and that the instrument(s) dated - 'a,- ~ ~ described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters....... ..$ .Vv Short Certificate........... $ Renupc'ation(s)............ $ .... $ .... $_~1~ `ZIJV .... $ .... $ .... $ .... $ .... $ .. .... $ TOTAL ................ $ 1/J r . Register of Wi Attorney Signature: Attorney Name: Stanley A. Smith Supreme Court I.D. No.: 33782 Address: c% Rhoads & Sinon LLP P.O. Box 1146 Harrisburg, PA 17108-1146 Telephone: 717-233-5731 105.805 RSV (01/07) 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 15690347 Certification Number ~r~ ~i This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. ,~~rx~ J~ /~Qa.v~~. SEP ~ 5 2t1~9 Local Registrar Date Issued _ _ _ _ r~•s c _ ~` ~'n ~ x ; - .: ;~cn~ ; ~ ~ ~ ~C7c"7 "~ ~''' - ~-~g-~ _ - --f " COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS ~ x_,•7 r," 7 ~ REV nrzoos PRINT IN CERTIFICATE OF DEATH p '~ iT I ~? MANE vT (See instrUetions and examples on reverse) STATE FILE NUMBER 2. Sex 3. Sodd Securely Number a. Date d Dean IMonm, ay. Yaer)n t. Nmne d Decednt (F . midde, last, suffix) ( IM _ .r_ q / S ,[ C~'1 . ~c n ~-i c L U ~.YI•~-<~L f r I 5. Age ILA BkNkeY) U r t r lkider 1 8. Date d BiM Month, de ,year) 7, B lCm ark stare a f ~ 1 Se. Piece d DeaM Check aw) alonhr OM Nan A•ars HospNel. Omer c~(0 - 2 ?. S ! `~ L2 New York NY InpetieN ^ ER I Outpatient ^ DOA ^ Nurung Home ^ Residence ^Omer Specity Vrs. • Ba. Coon d Deem &. Cary, Born, Twp. of Deem ad. FaWNy Neme (N nd ineMUaon, gNe slreel end sterner) 9. Wee Deceeenl d Hh~nk Onpn7 No ^ Yea 10. Raa: American Imam, BWCk, While, etc. ry 1 I1, ? Qt yes, seedy Cubes. ISpeciM ,~ /' / ~ I l I ~C << S l / ~ 11 f.LS iT~ ~ Mexican, Peelle Rican, eo.l (.,Uw~~t( ~<•-r'k~l. ~,C_`^ IV t I I 1_C' Jc•.J~c,~a~ • 11. Deaawe'sUwid Kind d wart done moo d ~ ab. Do nd state tea 12. Wss t ever i me 13. Decedents duration (Spedry a,y highest grade compreted) 11. W rNY'~ tu~oMe~ (S~Nr Mamed. 15. Surviving Spouse III wile, give meklen name) 14r1d d WorN Igik d Bwire%I hMUSM, U.3. Amled Parcae? Elemenrery I SeeorMary (0-12) Cdlege (1 ~4 or S+) Co rate Technolo ist Food ~~ ^Nd 4 Married Ros Decedents Did Decedent 18. DeeadenY• Meakg Address (Street. cNY /town, stele, zip codel Actual Residence /7e. Slate Pa Lhre Ise 17c. r^~y7Y~~es, Decedent Livetl m Twp 2853 Vista Circle Townahip4 t7d.(JSno,DecedenlLivedwithin ~p Hlll Cramp Hill, Pa 17011 t7b. county CYtmhPrl anti AcNal Limdsd cytBam 18. F•Iher's Nine (Fuel, middle, feel. eulfix) 19. Homer's Name (Rrst mdde, marten sumemel Morris Lockman Anna Brown 20b. InformanYS Meting Address (Strad, dly ~ lam, state, zip code) 20a. Idom+anYS Name (Type / Pnnq ~tosalyn Lockman SO Sutton Place South New York NY 1 lib. Dale of Dlepaeltlon IMOmh, day, Year) 21c. Prece of OiepoclNOn (Name d cemetery, aemelaY a omer pWCe) 21d. Location ICNy l avm, srere, zro catlel - 21a. Memod d Dial»dam I ^ Cremetial ^ Dariatbn ^ O~nrr Surwl ~ Removal trap Slate ' ws Cromdlon a Oendion AIdIWnMd Plnelawn NY by wdieal Exdnirwr f cden.n ^ y~ ^ Np September 17, 2 Beth Moses Sipne d Furxxel ~ ere auto) 22b. Lkdiee Number 22c. Name art Address d Facrdy ~ 01 54-L era-Horner Funeral Home Inc 1903 Market St Hill Pa 17011 3a. To me hest d my knowledge, dead ned N Nw ' ,/d~~te art Prey ~~ (S~pna~ure and Nib) 236. License NunAer 23c. Gate Sigrretl (hbnth,tlay. Yeah IMew 23ec odY when °~ ,n J ~ /} ~ /~sCz n-• l^ pMYeidu+ k nd ardlede d lime of tleam to ",~~ / I J7`'I _ l.). ~.~i.'• r-~/ r ~ ~-.7-" ~ ~ ~ ''/' ` ~"f>.~n ceray cause d deem. 'i ^~-1 24. Time of Deem 25. Dek Praou (Madh daY• yea 28. Wee Gu Relerted Medical Examiner I Canner for a Reason Omer en Crematkn or DonaNOn? ~ Mem• 2428 mutt be taniplded by person 1 t) n / S 1 ~~+~ ^ Vac No • who praauxwa deem. M. "( J cT ~-v' . CAUSE OF DEATH (~ Inetyuetions end exemplea) r Approxawle auervd: Pen 11' Enter Darer ~ 28. Did Tobacco flee Cantraole to Deam? qem 27. PaA I: Err the them d evdds -diseases, Inpxiea, a mmparatbrw - Nwl dredty caused dw deem. DD NOT enter teminel even such ec cardiac aned. ~ Onset re Deem Wt rat resuNing a the undenying cause given in Pen I. ^ Yes ^ Probahry recpketary arrest, a vemmdar abnaaaon wNMUI slowing me d'ubgY. t81 Dory are reuse on each Noe. ~ ^ No ^ Unknaxn ~~F~ j r ) L r ^ Not pregnant widen pest year carrd~lla~i~iea~Mg~n dea~ai) a a. ~. y1'1 ~~ 7 ~ r 29. N Female. --~ r Due to (a as a uonsequence 00: r ^ Pregnam et time of tleam Yd mridliorw, N amy, b. ~ ^ Nd pregnant hul pregrwnt wilMn 12 days yag~r cerwe m ~ a' DUe ro le ere a consequerce ot): r d death Err gle UNDERLYRIG CAUSE r ~ ~m~yd pw c. ; ^ Nd pregnant WI Pre~enl <3 days to t year 1 LAST Due to la es a consequence dl: i ~0re ~m r ^ Uduown N pregwm wdNn me Peat yero d. 32a. Date d Y (Momh, daYr Y~rl 326. Descdba Hex IMury l)CCaRM 32d. Place d Nyury: Home, Fwm, Sired, Factory, 3M. Wes en Aulcpey 30b. Were Auopey Fxidnga 31. Manner d Oaedi OBice Brnkarg, dc. () Penamed? Avaaabla Pna b Campleaon ^ Naturel ^ Fimikke d Cable d Dim? 32g. Leation d In'ryry (Sireel, city i sown, stele) ,ems ^ ACCidarx ^ Panting investigeaon 32d. Txrre d Iryury 32e. 101ury d WaN? 321. II Trenapalatlon hryury (SPecill') ^ Yes ~ No ^ Yes ^ 1'10 ^ Yea ^ No ^ Dover /Operate ^ Faaseriper ^Pedestnen ^ Suidtle ^ Coultl Na he Oetetmined M. ^Ome - SpedM 33a. CertlNa (check Dory one) - - 33b. Signature art T//~e CeMhr • Certlyin9 PNY~eO (PhY~O cenNYa9 reuse d deem when andYwr physician nos praounce0 deem and canwreted Item 23) ^ - '" ~~•.~/I ~ ~l.N" t V To IAe Mddmy knowkdge,de•M xeurrod due to the awa•p)and mrmerwelded.______________________________ deem ark cMNykq tc ranee of deem) 33c. Licerwe Number 33d. Dale Sigrwd IMOnm, Y• yearp • PranuncMg ark tertllying PMe~+ (fNryaiden bom pronounckq .... (~~ .) ~' l~ i // ~' To nw txwddmy gordedge,d~h aeurred Atha dote, deta,dk plate, and dueremeaweMd end m•nmr ere elNad------------------ ^ - r`. .,~r Yom) • MMkd Examiner 1 coroner , On dm bob d •xemlrotlon end 1 a Inw•dgetwn, In my opinion, dxm acurrM d m• 8^'4 dear end l>~~ ~ due to tlm ew••(a) end manner as eret•d_ ^ ~, Nanw ~ ~~ of PAre~ars Who Camplded Cause of Oeam Ittem 27) Type I P//mt tore and Omtnct ~-/ ~ t7l ~ r 38. Date Fgad (Mon deY~ Year) c /<. r ~,,.., ~~Gll~7~ IL'0 (ty!IY1ry~cY ~.r,r..~ v, -, niemcirim Pawns No 73845 P? ~ J ~CY.~ -t r ,., _i LAST WILL AND TESTAMENT ~:~~ ~;Y; OF f ~~~ W C~) C~ ;"-~ -z 1 STANLEY LUCKMAN ~--, ~, -n _ , .. _ ``"' ~ N .. :~- =` ~~ ~~ I, STANLEY LUCKMAN, of the Borough of Camp Hill, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time previously made, 1. TANGIBLE PERSONALTY. I give and bequeath all of my household furniture and furnishings, automobiles, other motor vehicles, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel, articles of household or personal use or adornment, collections and artworks, together with all policies of insurance thereon, to my wife, ROSALYN LUCKMAN ("My Spouse"), if My Spouse survives me. If My Spouse does not survive me, I give such articles to my daughter, ELIZABETH HILLER, if she survives me. 2. UNIFIED CREDIT TRUST. I give, devise and bequeath to my Trustee hereinafter named, IN TRUST NEVERTHELESS, to be held, administered and disposed of in accordance with this ITEM for the benefit of My Spouse and my issue (herein referred to as the "Unified Credit Trust") an amount equal to the sum of (i) the balance of the dollar amount not taxed in my estate due to the application to my estate of the unified credit against federal estate tax (the "Unified Credit"), after deducting therefrom the Page 1 of 14 pages value, for federal estate tax purposes, of (a) assets included in my federal gross estate which pass or have passed other than under the terms of this Will and which will utilize a portion of the Unified Credit, (b) any bequests under the preceding ITEMS of this Will which will utilize a portion of the Unified Credit and (c) adjusted taxable gifts not included in my federal gross estate but included in the computation of the tentative federal estate tax in my estate; and (ii) the state death tax credit allowed for federal estate tax purposes (but only to the extent its use will not increase any Death Taxes owing by my estate). My Trustee shall have, hold, manage, invest and reinvest the assets of the Unified Credit Trust, collect the income and (a) If My Spouse survives me, beginning at my death, my Trustee shall pay over the net income of the Unified Credit Trust to My Spouse during My Spouse's lifetime, in installments not less frequently than quarterly. In addition, my Trustee shall pay to My Spouse such amounts of the principal of such trust as, in the sole discretion of my Trustee, shall be necessary for the maintenance, support and medical and nursing care of My Spouse, taking into consideration any other means readily available for such purposes. (b) During the life of My Spouse, My Spouse shall have the right in each calendar year to withdraw from trust principal for any purpose and from time to time (i) the aggregate sum of $5,000 and, in addition thereto, (ii) at any time after December 1 and prior to the expiration of the calendar year, an amount equal to five percent of the value of the trust principal as of December 1, less the aggregate amount of all prior withdrawals made by My Spouse during said calendar year. Any withdrawal rights not exercised by My Spouse in any calendar year shall lapse. Page 2 of 14 pages (c) Upon the death of the survivor of My Spouse and me, my Trustee shall divide the principal and any undistributed income of the Unified Credit Trust as follows: (i) FIFTY PERCENT (50%) of such remaining assets in the Unified Credit Trust to my daughter, ELIZABETH HILLER, if she is living at the death of the survivor of My Spouse and me; provided, however, that if Elizabeth has not then attained the age of fifty years, her share shall be retained by my Trustee, IN TRUST NEVERTHELESS, to be held, administered and disposed of as a separate trust estate in accordance with ITEM 4 for the benefit of my daughter, ELIZABETH HILLER (the "Child's Trust"). If my daughter, Elizabeth Hiller, predeceases the survivor of My Spouse and me, her share shall be distributed in accordance with ITEM 2(c)(ii) of this Will. (ii) My Trustee shall distribute the balance of such remaining Trust assets to the then living issue of my daughter, Elizabeth Hiller, per stirpes; provided, however, if any such beneficiary shall not then have attained the age of thirty-five years, each such beneficiary's share shall be retained by my Trustee, IN TRUST NEVERTHELESS, each to be held, administered and disposed of as a separate trust estate in accordance with ITEM 5 for the benefit of each such beneficiary (the "Grandchild's Trust"). (d) If, upon the death of the survivor of My Spouse and me, I have no issue then living, my Trustee shall distribute the principal and any accumulated income of the Unified Credit Trust in accordance with the provisions of ITEM 6 of this Will. 3. RESIDUE. I give, devise and bequeath all of the rest, residue and remainder of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, including all property over which I hold a power of appointment (which powers of appointment I hereby exercise in favor of my Page 3 of 14 pages estate), to My Spouse, if My Spouse survives me. If My Spouse does not survive me, I give and bequeath said residue to my issue living at my death, per stirpes; provided, however, that (i) if my daughter, Elizabeth Hiller, survives me and has not then attained the age of fifty years, my said residuary estate shall be retained by my Trustee, IN TRUST NEVERTHELESS, to be held, administered and disposed of as a separate trust estate in accordance with ITEM 4 for the benefit of Elizabeth (the "Child's Trust"); or (ii) if Elizabeth Hiller does not survive me, and should any of her issue not then have attained the age of thirty-five years, each such issue's share shall be retained by my Trustee, IN TRUST NEVERTHELESS, each to be held, administered and disposed of as a separate trust estate in accordance with ITEM 5 for the benefit of each such issue (the "Grandchild's Trust"). If My Spouse and all of my issue predecease me, my said residuary estate shall be distributed in accordance with ITEM 6 of this Will. 4. CHILD'S TRUST. My Trustee shall have, hold, manage, invest and reinvest the assets of each Child's Trust, collect the income and (a) My Trustee shall pay to my daughter, ELIZABETH HILLER, the net income derived from the Child's Trust in installments not less frequently than quarterly and such amounts of the principal as, in the sole discretion of my Trustee, shall be necessary for Elizabeth Hiller's maintenance, support and medical and nursing care, taking into consideration any other means readily available for such purposes. (b) If at the time of the creation of the Child's Trust, Elizabeth Hiller shall have then attained the age Page 4 of 14 pages set forth below or if she shall thereafter attain that age, my Trustee shall distribute outright to Elizabeth Hiller the fractional portion of the then remaining principal of the Child's Trust set forth below: Aae Fractional Share Forty-five years One-half Fifty years Balance then remaining (c) If Elizabeth Hiller shall die before final distribution of the assets of the Trust is made, the then remaining principal and any undistributed income of the Child's Trust shall be distributed to Elizabeth Hiller's issue then living, per stirpes; provided, however, that if any such issue shall not then have attained the age of thirty-five years, each such issue's share shall be retained by my Trustee as a separate trust estate, IN TRUST NEVERTHELESS, each to be held, administered and disposed of in accordance with the provisions of ITEM 5 for the benefit of each such issue (the "Grandchild's Trust"). If I have no issue living at the termination of the Child's Trust, all such assets shall be distributed in accordance with ITEM 6 of this Will. 5. GRANDCHILD'S TRUST. My Trustee shall have, hold, manage, invest and reinvest the assets of each Grandchild's Trust, collect the income and (a) Until the beneficiary of the Grandchild's Trust (the "Grandchild") shall have attained the age of twenty-one years, my Trustee shall from time to time pay to or for the benefit of the Grandchild such amounts of the net income and principal of the Grandchild's Trust as, in the sole discretion of my Trustee, may be necessary for the Grandchild's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes. At the end of each year any unexpended income shall be added to the principal of the Grandchild's trust. (b) After the Grandchild shall have attained the age of twenty-one years, my Trustee shall thereafter pay to the Grandchild the net income derived from the Page 5 of 14 pages Grandchild's Trust in installments not less frequently than quarterly and such amounts of the principal, as in the sole discretion of my trustee, may be necessary for the Grandchild's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes. (c) If at the time of the creation of the Grandchild's Trust, the Grandchild shall have attained the age set forth below or if the Grandchild shall thereafter attain that age, my Trustee shall distribute outright to the Grandchild the fractional portion of the then remaining principal of the Grandchild's Trust as set forth below: AQe Fractional Share Twenty-five years One-third Thirty years One-half Thirty-five years Balance then remaining (d) If a Grandchild shall die before a final distribution of the assets of the Grandchild's trust is made, the then remaining principal and any undistributed income of the Grandchild's Trust shall be distributed to the Grandchild's issue then living, per stirpes; or if a Grandchild shall have no issue then living, said principal and undistributed income shall be distributed to my then living issue, per stirpes; provided, however, that if any such beneficiary is then a beneficiary of a Child's Trust or a Grandchild's Trust hereunder, the share of such beneficiary shall be added to the principal of such Child's Trust or Grandchild's Trust as if an integral part thereof, to be held, administered and disposed of in accordance with the terms thereof. Should I have no issue living at the termination of the Grandchild's Trust, said principal and undistributed income shall be distributed in accordance with the provisions of ITEM 6 of this Will. 6. CONTINGENT DISTRIBUTION. I give, devise and bequeath any assets to be distributed in accordance with this ITEM as follows: Page 6 of 14 pages (a) One-third thereof to BIDE-A-WEE HOME ASSOCIATION, 410 East 38th Street, New York, New York 10116. (b) The balance thereof to JEWISH NATIONAL FUND, 42 East 69th Street, New York, New York 10021. 7. PERPETUITIES PROVISIONS. Nothing herein is intended to, nor shall it be construed to, postpone the vesting of any part of the assets of any separate trust estate hereunder for more than twenty-one years after the death of the survivor of me, My Spouse and my issue living at the time of my death. At the expiration of such period the assets of all the separate trust estates hereunder shall immediately vest in fee simple absolute in and be distributed outright to the person or persons then entitled to receive the income therefrom, whether in my Trustee's discretion or otherwise. 8. SPENDTHRIFT PROVISION. No interest in income or principal of my estate or any trust created hereunder shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate or of any trust created hereunder prior to the beneficiary's actual receipt thereof. My Executor or Trustee shall pay over the net income and the principal to the beneficiaries herein designated, as their interests may appear, without regard to any attempted anticipation (except as may be specifically provided herein), pledging or assignment by any beneficiary of my estate or of any trust created hereunder and Page 7 of 14 pages without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. 9. SURVIVAL PRESUMPTIONS. Any person, other than My Spouse, who shall have died at the same time as I or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased me. If My Spouse and I shall have died at the same time or under such circumstances that it is difficult or impossible to determine who shall have died first, My Spouse shall be deemed to have survived me. Any person other than me who shall have died at the same time as any then beneficiary of income of my estate or a trust created hereunder or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased such beneficiary. 10. FIDUCIARY POWERS. In the settlement of my estate and during the continuance of any trust created hereunder, my Executor and my Trustee shall possess, among others, the following powers, exercisable without prior court approval, but in all cases to be exercised for the best interests of the beneficiaries: (a) To retain any investments I may have at my death so long as my Executor or Trustee may deem it advisable to my estate or trust so to do. (b) To vary investments, when deemed desirable by my Executor or Trustee, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other real or personal property, as my Executor or Trustee shall deem wise, without being restricted to so called "legal investments". Page 8 of 14 pages (c) In order to effect a division of the principal of my estate or trust or for any other purpose, including any final distribution of my estate or trust, my Executor or Trustee is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Executor or Trustee shall divide or distribute said assets in a manner which will fairly allocate any unrealized appreciation among the beneficiaries. (d) To sell either at public or private sale and upon such terms and conditions as my Executor or Trustee may deem advantageous to my estate or trust, any or all real or personal estate or interest therein owned by my estate or trust severally or in conjunction with other persons or acquired after my death by my Executor or Trustee, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor or Trustee in this paragraph or elsewhere in this Will. (e) To mortgage real estate and to make leases of real estate for any term. (f) To borrow money from any party, including my Executor or Trustee, to pay indebtedness of mine or of my estate or trust, expenses of administration, Death Taxes or other taxes. (g) To pay all costs, expenses, legally enforceable debts, funeral expenses and charges in connection with the administration of my estate or trust. (h) To vote any shares of stock which form a part of my estate or trust and to otherwise exercise all the powers incident to the ownership of such stock and to Page 9 of 14 pages actively manage and operate any incorporated or unincorporated business, including any joint ventures and partnerships, and to incorporate any such unincorporated business, with all the rights and powers of any owner thereof. (i) In the discretion of my Executor or Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate or trust. (j) To assign to and hold in my estate or trust an undivided portion of any asset. (k) To hold investments in the name of a nominee. (1) To compromise controversies. (m) To disclaim, in whole or in part, any and all interests in property owned by me at the time of my death, including those passing to me by Will, intestacy, contract, joint ownership, operation of law or otherwise. (n) To employ and compensate from income or principal, in the discretion of my Executor or Trustee, investment and legal counsel, accountants, brokers and other specialists, and, whenever there shall be no corporate Executor or Trustee in office, a corporate custodian, and to delegate to investment counsel discretion with respect to the investment and reinvestment of any or all of the assets held hereunder. 11. EXCULPATORY CLAUSES. estate: (a) My Executor shall not any loss to my estate or to any resulting from an election made deduction as an income tax dedu~ deduction. In the settlement of my be personally liable for beneficiary of my estate in good faith to claim a ~tion or as an estate tax (b) In valuing property in my gross estate for the purposes of any Death Tax, my Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from my Executor's decision made in good faith to use a particular valua- tion date. Page 10 of 14 pages 12. TAX CLAUSE. All inheritance, estate and similar taxes becoming due by reason of my death, except any taxes relating to generation skipping transfers imposed under Chapter 13 of Subtitle B of the Internal Revenue Code, as amended ("Death Taxes"), whether such Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my Executor out of the property passing under ITEM 2 of this Will as an expense and cost of administration of my estate; provided, however, that if any property held in any testamentary or inter vivos trust created by My Spouse is includable in my estate for purposes of any Death Tax, then any Death Tax attributable to the inclusion of any such property in my estate for the purposes of that Death Tax shall be paid out of such property or by the recipients of such property; and, if such Death Taxes are nevertheless paid by my Executor, I direct my Executor to obtain reimbursement or contribution for any such taxes paid by my Executor. Except to the extent above provided, my Executor shall have no duty or obligation to obtain reimbursement for any Death Taxes paid by my Executor, even though paid with respect to proceeds of insurance or other property not passing under this Will. 13. CUSTODIAN OF ESTATES. If at any time any individual under the age of twenty-one shall be entitled to receive any assets free of trust by reason of my death, whether payable hereunder, by operation of law, contract or otherwise, I appoint my Executor as Custodian for such individual under the Page 11 of 14 pages Pennsylvania Uniform Transfers to Minors Act. 14. TRUST MERGERS AND TERMINATIONS. (a) If there should be established by My Spouse, either by Last Will and Testament or by inter vivos Deed or Agreement, trusts similar to the trusts herein established for the benefit of my issue, my Trustee herein shall have the right and power to merge trusts herein established with similar trusts for the same beneficiaries established by My Spouse and to operate each of the merged trusts as a single trust. (b) If, in the opinion of my Trustee, at any time any trust hereunder is or becomes too small to justify its maintenance as a separate trust, my Trustee, in my Trustee's sole discretion and without the necessity of court approval, shall terminate such trust by distributing all the income and principal of the trust to the then income beneficiary of said trust. If any additions to any such trust are received after its termination under this ITEM, such trust shall be revived and this provision shall continue to apply to it. 15. EXECUTOR APPOINTMENT. I hereby appoint My Spouse, ROSALYN LUCKMAN, as Executrix of this Will. If for any reason My Spouse should fail or cease to act, I appoint my daughter, ELIZABETH HILLER, as Executrix. If for any reason My Spouse and my daughter should fail or cease to act, I appoint my sister, LOUISE LEVINE, now of Merrick, New York and my granddaughter, NATASHA L. HOUDE, as Co-Executors. All references in this Will to my "Executor" shall refer to my originally named Executor or to my successor Executor or Co-Executors, as the case may be. 16. TRUSTEE APPOINTMENT. I hereby appoint My Spouse, ROSALYN LUCKMAN, and my daughter, ELIZABETH HILLER, as Co-Trustees of any trust created hereunder. If My Spouse or daughter shall for any reason fail or cease to act, My Spouse shall have the Page 12 of 14 pages right to designate in writing the successor Trustee to act in her or my daughter's stead. If My Spouse should for any reason fail or cease to act and My Spouse does not designate a successor, I appoint my granddaughter, NATASHA L. HOUDE, as Co-Trustee with my daughter. If Natasha Houde should ever become sole Trustee, I appoint my granddaughter, MIRIAM HOUDE, as Co-Trustee with Natasha. My Spouse shall not participate in any discretionary determination of the Trustee to distribute principal or income of the Unified Credit Trust. All references in this Will to my "Trustee" shall refer to my Trustees or my successor Trustees or Trustee, as the case may be. So long as a Trustee or the issue of such Trustee is a beneficiary of any trust hereunder, such Trustee shall not (i) participate in any discretionary determination of the Trustee to distribute principal or income of such trust to or for the benefit of such beneficiary or to his or her issue; or (ii) participate in any discretionary determination of the Trustee to terminate said trust under the ITEM hereof entitled "TRUST MERGERS AND TERMINATIONS". Any Trustee serving hereunder shall have the right to resign from such office at any time, with or without cause and without court approval. No successor Trustee shall be liable for the actions of the resigning Trustee occurring prior to the successor Trustee taking office. All references in this Will to my "Trustee" shall refer to my originally named Co- Trustees or to my sole successor Trustee, as the case may be. Page 13 of 14 pages 17. WAIVER OF BOND. My Custodian, Executor and Trustee shall qualify and serve without the duty or obligation of filing any bond or other security. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding P thirteen (13) pages, this ~~ day of ~~'- ~ ~ ~' _-;~ 1995. !.J ) tanley c an We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testator as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testator was of sound and disposing Residing at : (~ ~ ~ ~ ~^-~~~v"C. I~ -~-'~-r~> ~~_ ~~ ~ ~ Res' ding at :~~,Q G~G`~GG~~~1 , Residing at : ( l (~ ~~L>~I~t ,~1 ~~~~~ ~'~ l~i< Z. Page 14 of 14 pages -~ <, (,''t..,,,j ,~,,. ~ ( SEAL ) COMMONWEALTH OF PENNSYLVANIA ) ,~ ) S S COUNTY OF !RG~--` ) We, Stanley Luckman, ~ ~~~-% -- and the Testator and th witnesses respectively, who n es are igned to the foregoing instrument, being first duly sworn, hereby declare to the undersigned officer that the Testator signed the instrument as his Last Will and Testament and that he signed voluntarily and that each of the witnesses in the presence of the Testator at his request, and in the presence of each other, signed the Will as a witness and that to the best of the knowledge of each witness the Testator was at that time eighteen or more years of age, of sound mind and under no constraint or un On this, the ~ day of 1995, before me, a notary public, he under ned officer, personally ap eared Stan ey Luckman, known to me and or sa sfactorily proven) to the p sons whose ames are subscr ed to the within instrument, and acknowle ed that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ~an~di official seal. No ry Public y Commission Expires: (SEAL) NO"fARiP,L. SEAL WONNE R. DURHAM, Notary Public Harrisburg, Dauphin County M fdarnreis %c~n k:a~itres Juiv 7, 1997 RENUNCIATION REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA ~1 / 1•' Estate of STANLEY LUCKMAN ,Deceased I, ROSALYN LUCKMAN , in my relationship as (Print Name) spouse of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request trat Letters be issued to my daughter, ELIZABETII HILLER 3 Briarwood Court Camp Hill, PA 17011. ~ `,~ (Date) Executed in Register's Office Sworn to or affirmed d subscribed Before met is `~ day of ' i ~ . ~Rosaly uckman c 50 ~ tton Place South ?~ (Street Address) ;;~ _ rte` r ~~~ New York NY 10022 ~= ~' (City. State, zip) ~ ~ ~ ~~ Executed out of Register's Office a ~'' ...... , c~ , , ; .. .,5 ~ '_1 ~ G~ ) f V -~ , . .. a+ , , Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purposes st~ ed within on this ~ day of ~ -• j~~.l Deputy for Register of Wills Notary Public ,•, ~ 0 My Commission Expires: ~ U.I ~ ~ (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) ggLWANTEE ACKIAM No. 01 gC5059174 Notary Rublic, Mate of New York QuaUfied in Queens Co~ ~ 10 Nly Commission Expires Form RW-06 rev. 10.13.06 764498.1