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HomeMy WebLinkAbout02-17-10PETITION FOR PROBATE AND GRANT OF LETTERS Anne S. Anderson No. ~ 1 ~ ~" y ~~~ Estate of also known as Anne Sexton Anderson To: Register of Wills County of Cumberland in the Deceased Commonwealth of Pennsylvania Social Security No. 156-20-5761 Date of Death November 20 2009 Petitioner, who is 18 years of age or older, respectfully represents and applies for: COMPLETE 'A' OR'B' and if necessary, Part'C' BELOW ® A. Probate and Grant of Letters ~ Testamentary ®of Administration c.t.a. (complete Part "C" also) (c t.a. or d.b.n.c.t.a ) and avers that Petitioner is entitled to the aforementioned Letters Administration c.t.a. under the Last Will of the above-named Decedent dated Au ust 20 2004 Renunciation of PNC Bank National Association Exesat oel~amed mn W 91e.e.Pe uenciaH ~Mde~rsonutand Barbara A. Carruther are attached. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incapacitated: None B. Grant of Letters of Administration (d.b.n.; pendente lire; durance absentia; durance minoritate) Petitioner after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs as set forth below in part'C'. ® C. Decedent's heirs and next of kin Name Relationship Residence John A. Anderson Son 4 Alexandria Court, Mechanicsburg, PA 17050 Peter H. Anderson Son 15850 North Thompson Peak Parkway, #2003, Scottsdale, AZ 85260-2120 Barbara A. Carruthers Daughter 119 West Riverglen Drive, Worthington, OH 43085 COMPLETE THE FOLLOWING IN ALL CASES Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at 4 Alexandria Court Mechanicsbur PA (list street, number and municipality) Decedent, then 81 years of age, died November 20 , 2009, at Harrisburs Hospital (Locappn) Decedent at death owned property with estimated values as follows: ~ ~ ~ ~~ a (If domiciled in PA) All personal property $ Unknown w ~ ~ O a UO (If not domiciled in PA) Personal property in Pennsylvania $ N/A ~ 0 ~ ~ ~ q (If not domiciled in PA) Personal property in County $ N/A A ~ ~ W Value of real estate in Pennsylvania $ Unknown ~ ~ w U W OC7„o ~~ situated as follows: 4 Alexandria Court Mechanicsburg Cumberland Counri PA WV ~ N p ~ Wherefore, Petitioner respectfully requests the probate of the last Will presented with this Petition and the grant of letters in the appropriate ~ V undersigned: . __ Tvped or printed name and residence John A. Anderson 4 Alexandria Court Mechanicsbure, PA 17050 ~~ Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner above named swears or affirms that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner and that, as personal representative of the Deceden'~ w ~ a; Petitioner will well and truly administer the estate according to law. ~ a ~ ~ v~~" ~O Sworn to or affirmed and subscribed w d w O v OOaOc~~l nderson Q ~ pq ~ ~, before me this _~ Z _,_ day of ,2010. O~wUr~~- W ~~o o~ N ~ `' Nor the Register No. ~ frlD~o r 3~ _ Estate of Anne S. Anderson ,deceased Social Security No: 156-20-5761 Date of Death: November 20 2009 DECREE OF PROBATE AND GRANT OF LETTERS AND NOW, 7~ 2010, in consideration of the Petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that Letters ^ Testamentary ®of Administration c.t.a. d.b.n,c.t.a.; pendente absentia; durante minoritate cta, dbn are hereby granted to John A. Anderson in the above estate of Anne S. Anderson a/k/a Anne 6exton Anderson and that the instrument dated Au ust 20 2004 described in the Petition be admitted to probate and filed of record as the last Will of the Decedent. FEES Probate, Letters ................. Short Certificate(s) .......(jpl Renunciation(s) .............( ) Affidavit(s) ...................( ) Reg. Comp. Fee ................ JCP Fee ............................. RRC Fee ........................... Other... . ~`~~.• Other .........1.4~ ................. . TOTAL ...................... Receipt # ........................... 1519989_1 $ ~ O, ~ REGISTER OF ., $ ~ O ~ ~ DEPUTY BAiTE LERK 1 $_~0 ~ Atto ~ $ Attorney: Hen R. J on III E OR PR $- 23 , sv s, 0 (.~ $ ~S o~ $ 0 . `v Address: Cohen & Grigsby P C 625 Liberty Avenue Pittsbureh PA 15222-3152 Telephone: (412) 297-4972 Supreme Court I.D. No. 30742 E-Mail Address: hiohnston a~col~enlaw.com ~.. _ _. 2l-fo-~13~{ Anderson, Anne -Peter H. Anderson Renunciation RENUNCIATION In Re Estate of Anne S. Anderson, deceased. To the Register of Wills. The undersigned PETER H. ANDERSON hereby renounces his right to administer the estate and respectfully asks that Letters of Administration be'issued to JOHN A. ANDERSON. WITNESS his hand this 2© Witness: ~~ day of (r/~KU~~Y 2010. Sworn and subscribed to before me this ~ day of~.~a n v~ 2010. Notary Public S i ord.-e.... ~ .' X4-2 ~ Z a N a.,. Cbu.~, ~-~ v ~ '. mars ~ ~ a.- ~'" C. Peter H. Anderson om Carol alines NOTARY PUBLIC -• ARIZONA MARICOPA COUNTY No~iM 20t1 RECORDED OFFICE OF REGISTER OF WILLS 2010 FEBRUARY 12 ` CLERK OF rr~~ pRPHANS' COURT CU~IBERLt1ND CO., PA RENUNCIATION REGISTER OF WILLS Dauphin COUNTY, PENNSYLVANIA 2/-/D'O 13 Estate of Anne S. Anderson _~ w ~ O ~~"' a~ U ww~00Q 00 a~~ Q~a1WZc~ ~~w~~w OWC7 ~ ~~ P4 ~ N U Deceased I, Nora C. Peace, VP for PNC Bank, N.A. , in my capacity/relationship as (Print Name) Sole Executor of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to January 20, 2010 (Date) Executed in Register's Office Sworn to or affirmed and subscribed before me this of , Deputy for Register of Wills (City, State, Zip) Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purpos ~ stated within on this ~d ~ day of (, ~ o/ o v day Notaryt~'ublic My Commission Expires: O~~.d~.~.~-? ; z c%3 (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) OOMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary F. Amrheln, Notary Publk Form RW-06 rev. 10.13.06 Gty p(pltlsblugh, /llbphdly County My GarMriMOn E~Ires OCL 21, 2013 Member, PennslManla AssodaUon of Notaries 105.905 REV.(3/09) ~/ ~w,~v ~~~ This is to certify that this is a true copy of the record which is on file in the Pennsylvania Department of Health, in accordance with the Vital Statistics Law of 1953, as amended. WARNING: It is illegal to duplicate this copy by photostat or photograph. 5392598 No. Linda A. Caniglia State Registrar EEB 0 31010 Date w `~ o a~ N~: wayr xo U w'~~p~q 00~ rZ ~a~2, Q~w~~~ ~o O c p~ - C4 ~ N U H105.143 sEV 118006 CORRECTED ITEM(S) : 3 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS 107354 ~~~+ PER:FD DATE:2-3-10 bas CERTIFICATE OF DEATH tic ~ (See lnsfructions and examples on reverse) sure Fl~ eaiuseR W 7 1.NarredDeadeM~Fsal,nidde,Yd,r1Ae) 2Sa 3.SadeiSeaeAyMrnba 61 4: dry,yar) Anne Sexton Anderson Female 156 - 20 - 57 9 5. Ags (Wt BiMday) Under 1 IAid1r 1 8. Dae d Balh 7. rd s1M a BL Rea d DMA Grdr one abide Drp Han IraM HoaplW: OArr: 81 Yrs. April 6, 1929 Lynchburg, vA ^ ~ i ~,„ ^ Da ^ lAepp Has ^ liMdaare ^ Dtha -spas, 80. Caury d DMi 8c. (xy, Sao, Trq. d Dalr Bd. FaaTry lime (A as erL'aia4 p+e s0ed end mnrber) 9. Yla Decedae d f6epnic Qiyh? u] ~ ^ yes 10. Reoe: Aniaicn Men, Abdo Piie, et Dauphin Harrisburg Harrisburg Hospital , w~'a a~~n, ab) White • 11. DeadrfsUpM ~ drak dab ~ moetd Yes DondeW 12. YAr bearded ever b lr 13. Decedrfa Edratlm (Spdry ~P ~i A~ M) 14. AIeriW Srer: Nrrbd lMsa Uaded, 15. SmvNbp Spouse ~ aAe, ga maiden rwne) KnddWark IOMdareiaalMrry U.S Anrrd Faces? Ebrtiadery 1 Secadery (0.12) Coble (ta a 5r) ~oNed' HOme ^ Ya ®No z 18.DeoedenraAWagAddtees~Shed,arylbsm,atde.apwde) Decedad's DidDecedM b beaded liad'n Sl lyer SjL~q Trp Acbd lTaidara 17a smb Pennsvlvamd t;w 17a ®Ya 4 Alexandria Court p? ~ , Cumberland ,Td. ^ ~~ ar,;A~ Mechanics PA 17050 ~~~ 17D.CouMy 18. FaArrs Hems (Fill, midde, let, auAu) 19. 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Y Qf C l Gt, V ~~ ~ ~ ~ I (I i I FA'° dr,r•-, ~~ D , o r~ 0 _ Q> ~ x,,01 ~ r~ 0425222 / ~ ~ WILL OF ANNE S. ANDERSON RECORDED OFFICE OF REGISTER OF WILLS 2010 FEBRUARY 12 CLERK OF ORPI-ir~NS' COURT ~ CUMBERLAND CO, PA ,+ WILL I, ANNE S. ANDERSON, of Allegheny County, Pennsylvania, make this will, hereby revoking all my former wills and codicils. ARTICLE ONE BEQUESTS OF TANGIBLE PERSONAL PROPERTY § 1.1 I bequeath all my tangible personal property, exclusive of any such property used in a trade or business, in accordance with the terms of a signed and dated memorandum I may prepare. If no such memorandum is located or received by the executor within 60 days after being appointed as such, after conducting a reasonable search for such memorandum, the executor shall be held harmless for distributing such property as hereinafter provided. I bequeath the balance of any such property not disposed of by such memorandum, or all of such property if no such memorandum is so located or received, to my children, JOHN A. ANDERSON (hereinafter in this will referred to as "John"), PETER H. ANDERSON (hereinafter in this will referred to as "Peter"), and BARBARA A. CARRUTHERS (hereinafter in this will referred to as "Barbara"), who survive me, to be divided among them as they agree. In case of disagreement among my children, the property that is the subject of such disagreement shall be sold and the proceeds thereof shall be distributed in equal shares to my said children. § 1.2 I direct that the expenses of storing, packing, shipping, insuring and delivering any such property to the beneficiary entitled thereto shall be paid by the executor as an administrative expense of my estate. In addition, to the extent practicable in the executor's sole discretion, I bequeath any policies of insurance on such property to the beneficiary entitled to such property. ARTICLE TWO DEVISE OF RESIDENCE; EXERCISE OF POWERS OF APPOINTMENT §2.1 At the time of the execution of this will I am having a new residence built for me in Silver Spring Township, Cumberland County, Pennsylvania, which residence is slated to be known and numbered as 4 Alexandria Court, Mechanicsburg, PA 17050 (hereinafter in this will referred to as the "Residence"). If I own the Residence at the time of my death, whether or not the original construction has been completed and the Residence is ready for occupancy, I devise and bequeath the Residence to John, if he survives me, or if he does not survive me, but his wife, SHEILA M. ANDERSON, survives me (hereinafter referred to in this will as "Sheila"), to Sheila; provided, however, Sheila shall be presumed to have predeceased me for all purposes herein if at the time of John's death they were divorced, divorce proceedings existed between them (notwithstanding whichever of them instituted such proceedings), or they were living "separate and apart" as defined in the Pennsylvania Divorce Code as of the date of this will (notwithstanding the residency or domicile of either of them). §2.2 If I die before the original construction of the Residence is completed, the devisee (if any) in §2.1 of this will shall be responsible for all costs to complete the construction of the Residence; provided, however, to the extent at the time of my death there are unpaid costs of construction for work that has been completed, such costs shall be paid by the executor of my estate as a debt of my estate. In such event, I make no corresponding bequest or other allocation of property to Peter, Bazbaza, or their issue. §2.3 Under Section B. of Article Three of that certain Irrevocable Insurance Trust Agreement dated March 12, 1982, by and between my deceased husband, ALAN H. ANDERSON, as Settlor, and me as Trustee (hereinafter in this will referred to as the "Section B. Power of Appointment"), and under §4.6 of that certain Restatement and Amendment of -2- Revocable Life Insurance Trust Agreement dated March 12, 1982, as amended, by and between my deceased husband, ALAN H. ANDERSON, as Settlor and PITTSBURGH NATIONAL BANK (now PNC BANK, NATIONAL ASSOCIATION) as Trustee (hereinafter in this will referred to as the "§4.6 Power of Appointment"), I am granted a testamentary power of appointment over the property remaining in these trusts in favor of the issue of my deceased said husband. If Peter, Bazbaza, or any of their respective issue survive me, if the devise provided for in §2.1 of this will is made, and if the original construction of the Residence is complete at the time of my death and the Residence is ready for occupancy, whether or not I occupied the Residence, I hereby exercise the foregoing powers of appointment as follows: (a) I direct that a fractional shaze of the property subject to the Section B. Power of Appointment (valued as of the date of distribution) be distributed to each of Peter and Bazbaza who survives me (or if either of them does not survive me, but is survived by issue of his or her own, to his or her issue who survive me, per stirpes (subject to the provisions of ARTICLE FOUR of this will)), the numerator of which fraction shall be the fair mazket value of the Residence at the time of my death (reduced by the fair mazket value of any mortgage thereon at the time of my death (including accrued and unpaid interest)), multiplied by the multiplier set forth in §2.3(c) of this will, and the denominator of which fraction shall be the fair mazket value on the date of distribution of the property subject to such power of appointment. If Peter (or his issue, as the case may be) and Barbara (or her issue, as the case may be), survive me, and if the fraction so determined is greater than '/2, then each of Peter and Bazbaza (or his or her respective issue, as the case may be), shall receive'/z of the property subject to the Section B. Power of Appointment. If only Peter (or his issue, as the case may be} or Bazbaza (or her issue, as the case may be) survive me, and if the fraction so determined is greater than 1, then Peter or -3- Barbara (or his or her respective issue, as the case may be) shall receive all of the property subject to such power of appointment. (b) If Peter (or his issue, as the case may be) and Barbara (or her issue, as the case may be), survive me and the fraction determined in §2.3(a) of this will was greater than %2, or if only Peter (or his issue, as the case may be) or Barbara (or her issue, as the case may be) survive me and the fraction determined in §2.3(a) of this will was greater than 1, then I direct that a fractional share of the property subject to the §4.6 Power of Appointment be distributed to each of Peter and Barbara who survive me (or if either of them does not survive me but is survived by issue of his or her own, to his or her issue who survive me, per stirpes (subject to the provision of ARTICLE FOUR of this will)), the numerator of which fraction shall be the numerator of the fraction provided for in §2.3(a) of this will reduced by the fair market value of the property distributed to Peter and/or Barbara (or his or her respective issue, as the case may be) as provided for in §2.3(a) of this will, and the denominator of which fraction shall be the fair market value on the date of distribution of the property subject to such power of appointment. If Peter (or his issue, as the case may be) and Barbara (or her issue, as the case may be) survive me, and if the fraction so determined is greater than %, then each of Peter and Barbara (or his or her respective issue, as the case may be), shall receive % of the property subject to the §4.6 Power of Appointment. If only Peter (or his issue, as the case may be) or Barbara (or her issue, as the case may be) survive me, and if the fraction so determined is greater than 1, then Peter or Barbara (or his or her respective issue, as the case may be) shall receive all of the property subject to such power of appointment. (c) The multiplier referred to in §2.3(a} and (b) of this will shall be as follows: -4- My death occurs Multiplier 1. After the date of the execution of this 25% will and before January 1, 2006 2. During 2006 21 3. During 2007 18% 4. During 2008 14% 5. During 2009 11 6. During 2010 7% 7. During 2011 4% 8. After December 31, 2011 0% (d) Other than the distributions provided for in §2.3(a)-(b) of this will, it is my intention that, and this will makes, no further distributions to "equalize" my issue for the devise to John or Sheila. It is my intention that the distributions provided for by §2.3(a)-(b) of this will be made as promptly as possible after my death and I direct my executor to take all steps necessary to coordinate with the trustees of the trusts over which I hold the Section B. Power of Appointment and the §4.6 Power of Appointment to do so. (e) The foregoing provisions of this §2.3 can be illustrated by the following examples: Example 1. The Residence, net of mortgage indebtedness, is valued at $1,000x. The property subject to the Section B. Power of Appointment is valued at $2,SOOx while the property subject to the §4.6 Power of Appointment is valued at $600x. I die in 2005. John, Peter, and Bazbaza all survive me. Peter and Barbara aze each entitled to $250x, determined as follows: $2,SOOx(($1,OOOx X .25)/$2,500x) _ $250x. Since the fraction ($1,OOOx X .25)/2,500x) is less than'/z, no distribution is made by §2.3(b) of this will. -5- Example 2. Same facts as in Example 1. except that the property subject to the Section B. Power of Appointment is worth $400x. In this event, Peter and Barbara are each entitled to $200x from the Section B Power of Appointment Trust, determined as follows: $400x(($1,OOOx X .25)/$400x) _ $250x. Since the fraction ($1,OOOx X .25)/$400 is greater than %2, Peter and Barbara each receive %2 of $400x or $200x. With regard to the property subject to the §4.6 Power of Appointment, Peter and Barbara are each entitled to $50x, determined as follows: $600x((($1,OOOx X .25) - $200x)/$600x) _ $50x. Thus, Peter and Barbara receive a total distribution of $250x ($200x from the Section B. Power of Appointment Trust and $SOx from the §4.6 Power of Appointment Trust. Example 3. Same facts as in Example 2 except that the property subject to the §4.6 Power of Appointment is worth $40x. In that event, although the formula as set forth in §2.3(b) of this will produce the following: $40x((($1,OOOx X .25) - $200x}/$40x) _ $50x, since the fraction ((($1,OOOx X .25) - $200x)/$40x) is greater than'/z, Peter and Barbara are each entitled to %2 of $40x, or $20x, for a total distribution of $220x ($200x from the Section B. Power of Appointment Trust and $20x from the §4.6 Power of Appointment Trust. §2.4 If the property subject to the Section B. Power of Appointment and §4.6 Power of Appointment has not been fully appointed pursuant to the terms of §2.3 of this will and if I have issue of my own who survive me, I hereby exercise such powers and appoint all remaining property to my issue who survive me, per stirpes (subject to the provisions of ARTICLE FOUR of this will). -6- ARTICLE THREE DISPOSITION OF RESIDUE §3.1 I devise and bequeath all the residue of my estate to my issue who survive me, per stirpes (subject to the provisions of ARTICLE FOUR of this will), or if none, as provided for in ARTICLE FIVE of this will. ARTICLE FOUR TRUST FOR BENEFICIARY UNDER 30 YEARS OF AGE §4.1 Any property otherwise to be distributed to a descendant of mine, which distribution is made subject to the provisions of this Article, shall, if such beneficiary is under 30 years of age, be held by the trustees hereinafter named for the benefit of such beneficiary, in trust for the following purposes; provided, however, if such property is from either of the trusts over which I have a power of appointment as provided for in ARTICLE TWO of this will, such appointed property shall be held in a separate trust pursuant to the terms of this Article: §4.2 The trustees shall hold, manage, invest and reinvest the trust property, shall collect the income thereof and shall apply to or for the benefit of such beneficiary so much of the net income and, if the net income is insufficient, so much of the principal of the trust property as the trustees shall from time to time deem necessary or proper for such beneficiary's health, maintenance, support and education, including college and graduate education, and professional, vocational and technical training, and to assist such beneficiary with his or her reasonable wedding expenses, in the purchase of a principal residence and in the establishment of a profession or business considered a good risk by the trustees, taking into account other available funds known to the trustees, including such beneficiary's assets and other trust funds available for such purposes. The trustees shall annually accumulate any net income not so distributed and add the same to the principal of the trust property. -7- §4.3 The trustee shall distribute to such beneficiary all of the principal of the trust property of his or her trust when such beneficiary attains 30 years of age. §4.4 If such beneficiary dies before the complete termination of his or her trust, the trustee shall distribute the property then held in trust for such beneficiary to such persons or corporations (other than his or her estate, his or her creditors or the creditors of his or her estate), in such amounts and upon such trusts, terms and conditions as such beneficiary by his or her last will may appoint by specific reference to this limited power of appointment; provided, however, if the trust has an inclusion ratio of other than zero, the trustee shall distribute the property then held in trust for such beneficiary to such persons or corporations, in such amounts, and upon such trusts, terms and conditions as such beneficiary by his or her last will may appoint by specific reference to this general power of appointment. Any property not so appointed shall be distributed to such beneficiary's then living issue, per stirpes, or if none, to the then living issue, per stirpes, of such beneficiary's nearest lineal ascendant who has lineal descendants then living and is a lineal descendant of mine, or if none, to my then living issue, per stirpes (all such distributions being subject, in the case of a distributee who is under 30 years of age, to the provisions of this Article (or to being added to an existing trust for the benefit of such distributee under this Article)), or if none, as provided in ARTICLE FIVE of this will. In adding such property to an existing trust, such property may only be added to a trust that is subject to the same rule against perpetuities as the property to be continued in trust (as provided for in §§4.5- 4.6 of this will, as the case may be); if no such trust exists, such property shall be held in a separate trust pursuant to the terms of this Article. §4.5 Notwithstanding any other provision of this will to the contrary, upon the expiration of 21 years after the death of the last survivor of my issue living on the date of my death, all trusts created by this Article that were funded with property other than property subject -8- to those certain powers of appointment described in §2.3 of this will (or that trace to such source of funding) shall forthwith terminate and the trust property shall be distributed to the beneficiary then entitled to benefit from the income of the trust property. §4.6 Notwithstanding any other provision of this will to the contrary, upon the expiration of 21 years after the death of the last survivor of my deceased husband's, ALAN H. ANDERSON'S, children and grandchildren who were living on March 12, 1982, all trusts created by this Article that were funded with property that was subject to either of the powers of appointment described in §2.3 of this will (or that trace to such source of funding) shall forthwith terminate and the trust property shall be distributed to the beneficiary then entitled to benefit from the income of the trust property. ARTICLE FIVE ULTIMATE DISTRIBUTION §5.1 Any property to be distributed in accordance with this Article shall be distributed to the person or persons who would be entitled thereto if my deceased husband, ALAN H. ANDERSON, and I had then each died intestate and unmarried, each seized and possessed of/2 of such property and domiciled in the Commonwealth of Pennsylvania. ARTICLE SIX APPOINTMENT OF FIDUCIARIES §6.1 I appoint PNC BANK, NATIONAL ASSOCIATION executor of this will. §6.2 I appoint EVANS ROSE, JR. and PNC BANK, NATIONAL ASSOCIATION trustees of any trust created by this will. The individual trustee serving from time to time may by an inter vivos writing select an individual to serve as his or her successor if such trustee is unable or unwilling to act or continue as the individual trustee, for any reason whatsoever. In default of such an appointment, the corporate trustee shall serve as the sole trustee. -9- §6.3 The individual trustee of any trust created hereunder may require the resignation of the corporate trustee of such trust by written notice to the corporate trustee and the corporate trustee may resign at any time, without stating cause, such resignation to be effective only upon the appointment by the individual trustee, if any, or if none, by a court of competent jurisdiction, of a corporate fiduciary as successor corporate trustee. At such time as the successor corporate trustee shall accept the appointment by filing its written acceptance thereof with the resigning corporate trustee, the resigning corporate trustee shall deliver to the successor corporate trustee the securities and other property in its possession which constitute a part of any trust created hereunder from which the resigning corporate trustee is resigning. As used in this will, the term "corporate fiduciary" shall mean a corporate fiduciary that not a "related or subordinate party" within the meaning of Section 672(c) of the Internal Revenue Code with regazd to the individual trustee or any beneficiary of the trust created hereunder for which such corporate fiduciary would serve as corporate trustee (or the spouses of any of them) and that is doing business within any State, Commonwealth or District of the United States and administering (or is affiliated with, or has control of, any corporation administering) trust assets having a value of at least $500,000,000. §6.4 I appoint the trustees serving from time to time pursuant to the terms of §6.2 of this will as guardians of the estates of any minor beneficiaries under this will, including the proceeds of any life insurance on my life payable to such minors and any other property, rights or claims with respect to which I am entitled to appoint a guardian and have not otherwise specifically done so. §6.5 If at the time of my death I am serving as a custodian of any Uniform Transfers to Minors Act or Uniform Gifts to Minors Act account and have the right to appoint my successor, I appoint PNC BANK, NATIONAL ASSOCIATION as my successor. -10- ARTICLE SEVEN POWERS OF THE FIDUCIARIES §7.1 No fiduciary shall be required to give bond or other security for the faithful performance of the fiduciary's duties. §7.2 Any such fiduciary shall have the following powers, in addition to those given by law: §7.3 To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments; §7.4 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security; §7.5 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; §7.6 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; §7.7 To engage in litigation and compromise, arbitrate or abandon claims; §7.8 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; §7.9 To allocate in the executor's sole and absolute discretion, any portion of my exemption under Section 2631(a} of the Internal Revenue Code to any property as to which I am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation prior to my death; §7.10 To disclaim any interest I may have in any estate if my executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof; and §7.11 To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-pro rata basis, without regard to the income tax basis of any asset and without adjustments for distributions resulting in unequal allocations of income tax bases, and for such purposes to make reasonable determinations of current values. -11- ~_ ARTICLE EIGHT PROVISION FOR TAXES §8.1 Each beneficiary under this will, and each recipient of property included in my estate for death tax purposes but passing outside this will, shall pay all estate, inheritance, transfer and other taxes of a similar nature, and any penalties and interest thereon, attributable to the property so received by each such beneficiary or recipient; provided, however, that all such payments relating to property passing under the terms of this will shall be made at such time or times as the executor may think proper. ARTICLE NINE MISCELLANEOUS PROVISIONS §9.1 Any term used in the singular or plural, or in the masculine, feminine or neuter form, shall be singular or plural, or masculine, feminine or neuter as a proper reading of this will may require. §9.2 As used in this will, the term "Internal Revenue Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent law. §9.3 Notwithstanding any other provision of this will, the general discretionary powers of the trustees are limited so that (a) no trustee shall participate in any decision regarding a discretionary distribution to that trustee personally, and (b) no trustee may use trust income or principal to discharge any legal obligation of that trustee individually. Furthermore, no trustee shall enter into any reciprocal agreement with any other trustee for the purpose of indirectly exercising a power prohibited hereunder. §9.4 Except as otherwise may be provided in this will, whenever the trustees are authorized or directed to distribute property "to or for the benefit of any beneficiary who is under (a) twenty-one years of age, or (b) a legal disability or otherwise suffers from an illness or -12- mental or physical disability that would make distribution directly to such beneficiary inappropriate (as determined in the trustees' sole discretion exercised in good faith), the trustees may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such property to a custadian for such beneficiary, whether then serving or selected and appointed by the trustees (including any trustee), under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act, may distribute such property to a guardian of such beneficiary's estate, or may distribute such property directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply), without liability on the part of the trustees to see to the application of such property. This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. §9.5 Except as otherwise may be provided in this will, during the continuance of any of the trusts created under the provisions of this will, and thereafter until the property is distributed to and received by any beneficiary hereunder, the principal sums thus held in trust for any beneficiary, respectively, and the income thereof shall not be subject to or liable for any contracts, debts, engagements, liabilities or torts of such beneficiary now or hereafter made, contracted, incurred or committed, but shall be absolutely free from the same, and such beneficiary shall have no power to sell, assign or encumber all or any part of the principal sums or such beneficiary's interest therein, respectively, or the income thereof, or to anticipate the income. §9.6 A corporate fiduciary shall be entitled to receive compensation for its services hereunder in accordance with its schedule in effect when the services are performed, but not in excess of such compensation as would be approved by a court of competent jurisdiction. -13- §9.7 An individual fiduciary shall be entitled to receive reasonable compensation for such fiduciary's services hereunder. §9.8 Every successor or additional fiduciary shall have all rights, powers, privileges and duties, whether discretionary or otherwise, herein given to the original fiduciaries and shall be subject to the same reservations, limitations, terms and conditions. §9.9 In case of the merger or consolidation of a corporate fiduciary, the resultant company shall become such fiduciary's successor without notice to any party. §9.10 If there aze sepazate trusts administered under the terms of this will for the benefit of the same beneficiary, whether or not such beneficiary is the sole beneficiary of any such trust, it is my desire, but not my direction, with respect to any such trust hawing an inclusion ratio of zero for generation-skipping transfer tax purposes or that is grandfathered from the application of the generation-skipping transfer tax (hereinafter referred to as a "GST-exempt trust"), that the trustees not make any discretionary distributions of net income or principal authorized by the terms of aGST-exempt trust if any cash or readily mazketable assets remain in any other separate trust(s) that have an inclusion ratio of greater than zero that authorizes the same discretionary distributions. If such a discretionary distribution is to be made from more than one GST-exempt trust, it is my desire, but not my direction, that the trustees consider not only making distributions from the GST-exempt trust that has the shortest remaining period for the duration of the rule against perpetuities applicable thereto, but also, if assets need to be sold to fund such a distribution, which GST-exempt trust will generate the least income tax liability upon such a sale. §9.11 As between the trustees, the corporate trustee, if any, shall perform all ministerial and administrative duties, including the keeping of books and records, acting as custodian of the trust property and preparing all necessary tax returns. An individual trustee may -14- delegate from time to time to the corporate trustee, if any, by an instrument in writing, any or all of said individual trustee's rights, powers, privileges and duties, whether discretionary or otherwise. §9.12 It shall not be deemed a conflict of interest for purchases and sales of investments to be made through a corporate trustee or through any firm of which the corporate trustee is a partner, shareholder, proprietor, associate, employee, owner, subsidiary, affiliate or the like. The entity performing such services shall be entitled to receive reasonable compensation therefor and such compensation shall not serve to diminish the compensation to which the corporate trustee is otherwise entitled. §9.13 If the trustees of any trust created under the terms of ARTICLE FOUR of this will hold stock of an S Corporation, as defined by Section 1361(a)(1) of the Internal Revenue Code, and if the trustees of such trust have the discretion to accumulate income, then the trustees shall distribute all of the net income in quarter-annual installments, or more frequently if the trustees deem it advisable, to or for the benefit of the beneficiary of such trust and the provisions of such trust shall be deemed to be amended to the extent necessary to meet the requirements of Section 1361(d) of the Internal Revenue Code. §9.14 No trustee of any trust created under this will shall be liable for any loss or depreciation in value sustained by any trust created hereunder as a result of the trustee retaining any property upon which there is later discovered to be hazardous materials or substances requiring remedial action pursuant to any federal, state or local environmental law, unless such trustee contributed to the loss or depreciation in value through willful default, willful misconduct, gross negligence or fraud. §9.15 If any trust created hereunder would otherwise be partially exempt from federal generation-skipping tax after the intended allocation of GST exemption to it, then, before -15- such intended allocation and as of the relevant valuation date under Section 2642 of the Code with respect to such allocation, the trustees shall create instead two sepazate trusts of equal or unequal value which shall be funded fractionally out of the available property, and which shall be identical in all other respects to the original trust and shall both be administered pursuant to the provisions of such trust so that the allocation of GST exemption can be made to one trust which will be entirely exempt from federal generation-skipping tax and one trust that will not be so exempt. In such event, the trustees shall act within the time period specified in any applicable Treasury Regulation and in such manner as is so specified in order to permit each trust to be recognized as a sepazate trust for generation-skipping transfer tax purposes. §9.16 A distribution "per stirpes" of any property to issue pursuant to any provision hereunder shall be made to the issue of the designated individual in the following manner and proportions: such property shall be divided into as many equal shazes as, at the time stipulated for distribution, there shall be (a) children of such individual then living and (b) children of such individual then deceased having issue then living, and one such shaze shall be distributable (x) to each of such living children and (y) by representation to the issue of each of such deceased children. CREST OF PAGE INTENTIONALLY LEFT BLANK) -16- IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~~'day of E~.i ~~, a -~- , 2004. U~~.Gt-(itkJ ~ ~~-d,,L~ 47C. SEAL) ANNE S. ANDERSON Signed, sealed, published and declared by the above-named ANNE S. ANDERSON, as and for her last will, in the presence of us and each of us, who, at her request and in her presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. ~„ ~:. resic~i~g~at~ Z2_S ~ ., ~uc~eK ~~~ve, ~, 1 ,~ ~ residing at residing at P~~. P~ ~i 2z8 -i~zo s, s~ S -17- COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: I, ANNE S. ANDERSON, the testator, whose name is signed to the attached or foregoing instrtument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. ~~~ ~ ~1~ ANNE S. ANDERSON Sworn to or affirmed and acknowledged before me by ANNE S. ANDERSON, the testator, this ~Q~day of ~5~' , 2004. (SEAL) ~-~- Notary Public Notarial Seal 8onnle S. Price, Notary Public City Of Pittsburgh, Allegheny County MY Commission Expires Feb. 22, 2006 Ms~nber, Pennsylvania Assoaation Of Notaries -18- COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: We, ~'„~,.-~...,.. {'(~ . ~~~.~.1:.,s 54,~.~r, ~. ~ _ ~~' and '~~ ~rS ~<< J r . ,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 testator sign and execute the instrument as her Last Will; that the testator signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as a witness; and that to the best of our knowledge the testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. ~.; yWitne s ~• Witness Sworn to or affirmed and subscribed to before me by e ti.o.-~rl-.~..~, ~('n S ~1..,.~ ~l~ `J~-.~ r ,~ •, c.. A. O ~ _ and ~ v ~ ~ c . ~ ~• ,witnesses, this ~~ day of _ .~ v~_, 2004. L _ ~,~ _ (SEA ) Notary Public 846580_1 Notarial Sea!` Bonnie S. Price, Notary Public C'dy Of Pittsburgh, Allegheny County My Commission Expires Peb. 22, 2006 E,,~; ~iGer, Pennsylvania Association Of P!' ~-`•^ -19-