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HomeMy WebLinkAbout03-03-10/ . • ' • i. ~~ • f ~`~- LAST WILL AND TESTAMENT I, WILLIAM R. KENNEDY, of the Township of South Middleton, County of Cumberland, Commonwealth of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void all former wills aridicils• met' ~`~' .~, ~ ~ ~,r ~ •~ anytime heretofore made. ;, w ~-~-" ca _.~~ t::.3 cr, FIRST. I order and direct that all my just debts and funeral e es b ~ id ~~' erRa ~~ ~ ~: ~~ ~ -, my personal representative or representatives, hereinafter named, as soon as con eniently may be done after my decease. I further authorize my personal representative to expend funds from my Estate in such amounts as my personal representative shall consider appropriate, for the disposition and memorial of my remains. SECOND. All the rest, residue and remainder of my Estate, real, personal and ~ M '' . ..mixed, whatsoever and wheresoever ate, I give, devise and bequeath unto r• - ~, daughter, LINDA ANN KENNEDY; if she survives me. . ~~ THIRD. For the puErposes of thisny Last Will and Testament, a person shall not be deemed to have survived me unless he or she shall have survived rrie by more than ~~~ (90) days. ,~ ~ FOURTH. If my daughter, LINDA ANN KENNEDY, should fail to survive me, I WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Cazlisle, Pennsylvania 170]3 give, devise and bequeath the said residue of my Estate unto such of the three children of my son, J. WILLIAM KENNEDY, who shall survive me, in equal shares. . ~.~ '• r~• . FIFTH. I nominate, constitute and appoint ORRSTOWN BANK, of Carlisle, Pennsylvania, its successors or assigns, to serve without bond as the Trustee of any property which shall pass, either under this my Last Will and Testament or otherwise to a minor as defined herein and with respect to whom I am authorized to appoint a Trustee and have not otherwise specifically done so; provided that this appointment of Trustee ~~ shall not supersede the right of any fiduciary in its. discretion to distribute such shaze to the said minor or to another for the benefit of the said minor. The said ~'rustee is hereby vested with the power to sell, assign, transfer, pledge, mortgage, lease, manage, control, ~etain, invest and reinvest the corpus of said Trust in such securities and -other property. as be deemed prudent without being restricted to investments known as legal investments for fiduciaries under the laws. of the Commonwealth of Pennsylvania. The Trustee shall have the power to manipulate the proceeds of the Trust in any manner that will guarantee maximum conservation of the Trust funds and the greatest production of ~~ for the beneficiary. I hereby a~i, thorize the said Trustee to expend any monies from principal or interest for the beneficiary that in the sole discretion of the Trustee is deemed necessary for the care, health, education, maintenance and general welfare of the beneficiary; the word "education" shall be construed to mean. apre-college cour~ ,high school education, college education and post-graduate education. It is my intention that the foregoing powers maybe exercised by the said Trustee without prior Court approval and without further responsibility to the beneficiary, the parents of the beneficiary or to WAYNE F. SHADE Attorney at Law any other person or persons taking care of the beneficiary. The age of majority for all 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- 7` •' ,v Y purposes concerning this my Last Will. and Testament shall be deemed to be the age of twenty-two (22) years. If the beneficiary of this Trust should fail to survive to ultimate distribution of the Trust herein, I order and direct that the remainder of this Trust be distributed as part of my residuary estate. SIXTH. I order and direct that any estate, inheritance or similar tax due as a result of my death with respect to any property passing as a result of my death, shall be paid from the residue of my Estate before its division into shares-and, prior to distribution as an expense of administration and that no part of the taxes should be prorated or apportioned among the persons or beneficiazies receiving the taxable property. It is my express s~ intention that all inheritance taxes imposed as a result of my death be paid from the residue of my Estate whether or not the property passes under my Last Will and Testament. My personal representative shall have full power and authority to pay, compromise or settle any such taxes at anytime whether with respect to present or future -interests. SEVENTH.. Any and all decisions, determinations or actions made or taken by a WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Cazlisle, Pennsylvania 17013 personal representative or Trustee hereunder, if made in good faith, shall be final and conclusive on all persons who are or may become interested in my Estate. No fiduciary i acting under this my Last Will and Testament shall be liable for any error in judgment or for any depreciation or reduction in value of any Estate or Trust assets at anytime, in the absence of willful default. -3- f ~_. ,3 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 EIGHTH. My personal representative or representatives hereinafter named shall, in addition to the powers vested in them by law and by other provisions of this my Last Will and Testament have, without the necessity of prior Court approval, the power to carry on alone or jointly with others any business in which I may have an interest at my death for whatever period of time they may think proper, without personal liability for any operating losses. In the operation of said business, they shall have the power to do any and all things they deem necessary or appropriate, including. the power to merge or incorporate the business, the power to borrow and to pledge assets contained in my Estate security for such borrowing, and the power to close out, .liquidate or sell the business at such time and upon such terms as to them shall seem best. NINTH. I order and direct that, upon my death, my body be cremated in lieu of burial and that disposition of my ashes be at the discretion of my personal representative. LASTLY. I nominate, constitute and appoint my daughter, LTDA ANN ~~~.~ KENNEDY, to be the Executrix of this my Last Will and Testament, but if, for any reason, she should fail to qualify as such Executrix or decline or cease so to serve, I nominate, constitute and appoint my legal counsel, WAYNE F. SHADE, to be the Executor hereof, each to serve without bond. IN WITNESS WHEREOF, I, WILLIAM R. KENNEDY, have hereunto set my hand and seal to this my Last Will and Testament which consists of six (6) typewritten -4- ;~ pages to each of which I have affixed my signature, this 1st day of April , A.D. Two Thousand Two (2002). ~, .~ (SEAL) William R. Kenne y The preceding instrument, consisting of this and five (5) other typewritten pages, each identified by the signature of the Testator, was on the date thereof signed, sealed, published and declared by WILLIAM R. KENNEDY, the Testator therein named, as his Last Will and Testament, in the presence of us, who, at his request, in his presence, and in the presence of each other, have subscribed our names as witnesses hereto. ~.~ WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania ]7013 Acknowledgment f ~,~ COMMONWEALTH OF PENNSYLVANIA) ~, ~~ ~ ~~~ SS:. COUNTY OF CUMBERLAND ) I, WILLIAM R. KENNEDY, the person whose rtame is signed'the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. -5- 7 • ~• . a^ William R. enne y WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Notary Pu ` ' Affidavit ~ Cad C~awt!(t- MY Commission E>q~ires Qct. 5,11M# Sworn to or affirmed and acknowledged before me by WILLIAM R. KENNEDY, this 1st day of Ap r i 1 2002. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: We, Helen H. Shade and Leonard,W. Tritt ,.the witnesses whose names are signed hereto, being duly~qualified according to 1~w, do depose and say that we were present and saw the Testator sign and execute the instrument as his Last Will and Testament; that the Testator signed willingly., and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight ol'the Testator signed the Will ~s a;witness~ arthat, to the best of our knowledge, the Testator was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by Helen H. Shade and Leonard W. Tritt , witnesses,'this l s t day of April 2002. ~ ;.. , .}, _.., ~, ~,p, 1 Notary • f. Notarial Seal Connie J. Tritt, Notary Public Cartisie, Ct~mbertiouu! Couuty _6_ My Commission i?xpires Oct. 5, 2604 i ,r ~, ra C7 ~ _. ,=' c ~~ C'1 CJ -~ -_z . -• CODICIL `~ ~~~ ~:: '~~ ~~ T~ rj"1 `~~ • ?~J N f I WILLIAM R. KENNEDY, the within named Testator, do~iereby ma~+e and publish this Codicil to my Last Will and Testament dated April 1, 2002, as follows: FIRST. I nominate, constitute and appoint my legal counsel, WAYNE F. SHADE, to be the Executor of this my Last Will and Testament, but if, for any reason, he should fail to qualify as such Executor or decline or cease so to serve, I nominate, constitute and appoint my daughter, LINDA ANN KENNEDY, to be the Executrix hereof, each to serve without bond. SECOND. I hereby ratify and confirm my said Last Will and Testament in all other respects. IN WITNESS WHEREOF, I have hereunto set my hand and seal, this 14th day of November, A.D. Two Thousand Eight (2008). .=~ (SEAL) William R. Kennedy WAYNE F. SHADE Attorney at Iaw 53 West Pomfret Street Carlisle, Pennsylvania 17013 The preceding instrument was, on the date thereof, signed, sealed, published and declared by WILLIAM R. KENNEDY, the Testator therein named, as a Codicil to his Last Will and Testament, and we, at his request, in the presence of each other, have subscribed our names as witnesses hereto. Acknowledgment WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, WILLIAM R. KENNEDY, the person whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as a Codicil to my Last Will and Testament and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by WILLIAM R. KENNEDY, this 14th day of November, 2008. William R. Kennedy Notary Publ' COMMONWEALTH OF ~VMHA COI~IIE J. rr,..~~~r pubic C~'~ ^~ww ~7r N~Z -2- Affidavit WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: We, Wavne F. Shade and Helen H. Shade ,the witnesses whose names are signed hereto, being duly qualified according to law, do depose and say that the preceding instrument was, on the date thereof signed, sealed, published and declared as a Codicil to his Last Will and Testament, by WILLIAM R. KENNEDY, the Testator therein named, willingly and as his free and voluntary act for the purposes therein expressed; and that, to the best of our knowledge, the Testator was at that time eighteen or more years of age, of sound mind and under no constraint or undue Sworn to or affirmed and subscribed to before me by Wayne F . Shade and Hel Pn H har~P ,witnesses, this 14th day of November, 2008. ~~~ Notary P blic COMMONWEAL' ~ i~y~v~ NoraRU~ seas coN~i~ ~. nom, rrohry, PubMc cazlisie Boro., Cun~!>~~~q~y My Commission ~ p12 -3-