Loading...
HomeMy WebLinkAbout02-17-10` PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF _ CUMBERLAND COUNTY, PENNSYLVANIA Estate of Frances K. Westbrook File Number 21-10- Q~ ~S also known es ,Deceased Social Security Number 168.48269 Linda G Noggle and Donald L Westbrook Petitioner(s), who is/are 18 years of age or older, apply(ies) for. (COMPLETE A' or'B' BELOW.) QX A. Probate and Grant of Letters Testamentary and aver that Pettioner(s) is/are the Executors named in the last Wili of the Decedent, dated and codicil(s) dated Stets relevant dreumstences, e.g., renunciatiar, death orexecutor, stc. Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: B. Grant of Lstters of Adminiatratlon . c. .e.; ..n.c..a.; ren a uren Petitioner(s) after a proper search hasfiave ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (lf Administratan, c.t.a. or d.6.n.c.t.a., enter date of VIltll in Section A a[wva•and complete fist of heirs.) a p r~1 Name Relationship Residence `' _; ~~ ' < -" ~?7 J _ ;.7 See attached schedule ~ ~ ~ ~ ~? ~__ --a .. t.~ t`> _., (COMPLETE IN ALL CASES:) Attach additional sheets Nnecessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 562 E. Old York Road, Boiling Springs, South Middleton Township, Cumberland, PA 17007 (List street address, town/cty, township, county, state, zip code) Decedent, then 7$ years of age, died on 01129/2010 at Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 128,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 750,000.00 situated as follows: Lower Frankfort Township, Juniata County, PA Me u derreslgn~ boar(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petfion and the grant of Letters in the appropriate torm to Signature Typed or printed name and residence Linda G. Noggle 648 Lindsey Road Carlisb, PA 17015 Donald L. Westbrook 140 Clearvielr Place _ , Carllsls, PA 17015 ~avrr4ht (c) zoos form eonware ony ma Lackner Group, Irte. Page 1 a 2 ' Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } SS couNTY of Cumberland The Petitioner(s) above-named swear(s) or aftirn(s) that the statements in the foregoing Pettion are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the De~ent, Petitioner(s) will well and troy administer the estate according to law. Sworn to or affirmed and subscribed bef re me this / ~ ~ day of the Register File Number: 21-10- Estate of Frances K. Westbrook N d T? ~'^ ~ t F'1 ~1 ~ ..,~. ~' _..? V~~ ~.~~ {~ TL y r ~ e O -r~ D Social Se uriy Number. 168-48-4269 Date of Death: 01/29/2010 AND NOW, ~-, ~_ , in consideration of the foregoing Pettion, satisfactory proof having been presented before me, IT I DE REED that Letters Testamentary are hereby granted to Linda G. Noggle and Donald L. Westbrook in the above estate and that the instrument(s) dated described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ................................... ......... $ Short Cert'fiicate(s).......`.3 ...... ........ $ Renunciation(a)..........^1- ...... ......... $ Will $ JCP $ Automation fee $ 610.00 12.00 5.00 15.00 23.50 5.00 670.50 $ $ $ $ $ $ TOTAL .................................... $ Attorney Signature: ~~ ~ ~ ) ~~ Attorney Name: Patricia R. Brown Esq. Supreme Court LD. No.: 27474 SALZMANN HUGHES PC Address: 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Telephone: 717-249-6333 Form RW-O2 Rev. 14132006 Copyriphl (c) 2008 Conn sofixaie only Tha Ledcnar Group, Inc. Pape 2 of 2 ` PETITION FOR PROBATE AND GRANT OF LETTERS (Continued) REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA estate of Frances K. Westbrook also known as ,Deceased File Number 21-10- Social Security Number 168~8~269 Name Relationship Residence Donna W. Hovis Daughter 900 Goodyear Road Gardners, PA 17324 Linda G. Noggle Daughter 648 Lindsey Rd. Carlisle, PA 17015 David L. Westbrook Son 833 Ridge Road Carlisle, PA 17015 Donald L. Westbrook Son 140 Clearview Place CaHisle, PA 17075 Galen J. Westbrook Spouse 562 East Old York Rd. Boiling Springs, PA 17007 uls.xas arv ruvo~i ~~ - ai ~S 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 16054050 i Certification Number ~9 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. ~ ;re_ ~~e~a,c~,r,,b~xnl~ ~ F E/B 5 ~ 2010 Local Registrar Date Issued n.a o z T, 1 ;:~ rt ~1 r t7y i„ . P~ ~ .•.t ..7~ r~.1 ~ a r, I ~ ~ , :- ;Y C t.~ ~. r ntm.w icy t10a0a COMMONWEALTH OF PEHNSYLVANU • DEPARTMENT OF HEALTH • VRAL RECORDS 1Y°ve~r~r" CERTIFlCATE OF DEATH E~ac nc (SsE instnedlEen End EEUmplw on HWEFEE) sTA1E FLE NUXEEA 1 m W ,~ a 0 u uS N 3 t. Xa dowea4iY,rdlm. br aEd z sa x Budd BeME xrbr 4.Olr d Ian IlemL b. srA Fema1 16 - A - n 0.Aeepy EErg7 U•ea1 rlirl Ldrd9E 1. aYYIYa tPlrrGerl a: per l e le lode n1P Xem YYere l ~ ' ~ e 73 rr. Nov. 4 1936 Mechanicsbur Pa LJf*dtl ^a/wllYl.+ ^DOA ^ Ibme ^w1Wbe ^pr• ^.fMFd DrE tp7. Er4 SIZE ld FrEYNwe Pal IYLYei44pr reY atlnlrrl LWr Oeelyd YlfP*~e~ No Yr ta. Plr: MirbnlMn.bd. "X148 III /eL Pd/ GYEIe. (~1 Cumberland South middleton Carlisle Re ional Med C '"~"`RiF1b'"r`I ». Geeeee(elbd r p Ylb 7L tar 0•lare ever b M ti DaedMle FEblbn WFrh aM XyXr P4r mpb1W td llaell Err aYeL Irrr Ibrbd 10. BrrNYq Stare (~ er. SX~ nrtlr •seel ~ IEIEr7MOik IEYYErier/elH/l Ud. NneO Fare? EMrelrriy / SemdeY (b7al GerOe lu a S.) ~~ ~ ~~~ Secretar Well r)rillin ^Y. Lltw 1°0°°"de"~''°6i~"~'/bY"1e1~°paoOil °e°"''' va_ uE',.b°°.'I` tTLBlnLare.wurab South Middleton n MYY IIlIrYbe 1Ta Sble 562 East Old York Road Cumberland '0"0"D' tm.^~ ~a ^M"b Boil n „~~, ~,,,,,, ILF~YI Nar ITYr.MYe,bq alr1 1a.rdrlr.nelRa. e+Edl,eeYXn Y.ealel i Pauline Vo elson saL bae.re r.r IM1w/ r4E xao. er•mr. Yr`y emr~ IEn.t e7//br1 M dpree) 1 York Road Boilin S Tins Pa. 17007 21L YlEOed0lgrrm t ^payr 21A Bled UlleeeEee(Win, rE. Yea) staPbrpPere4Mredalrry,arlWYrenapbl tld lnrbnlpFlbw4 ebY, rp rr7 ~ ~ E"" ^ ""°"'"°'""Me la °i"° ""°`OK ^ ^ b F 2 2010 Hollinger FH/Crematory Inc. Mt.HOlly Spgs.Pa.1706 ~,. , a~a.r x• p „r IYr . e m «~«~«±~~ 'm"'"'""da ~e1YniYtle°°"'"F°s' 501 N. Baltimore Ave. F~-011932-L rm]Eee alFaXnriElYq 274 TOwbY Yerly7l.dld~•rGaeeYMeee,ealad praelrYd IEI7.ratl E•1 SEA Uewr NrN 9se Oer Epbe llrrrt rY•Yeerl ~rlrerrrreaeeenb alET nea delve ear4{9Errrmipmdb/Fael4 ". Tbr d DeeE tS.Orl nawn0 uele ~ de/.Yeal 7L Wr tw IbXnal bwb I Caner b • Ilelre per M rarer a Omellm9 er orauar e•eA ,• ~b p. ~ L(J7 ^YN Ne G11W[Or DlAIr lESe babadbrr rld mnplee) 1 ePPadea bemk anTl.Ml: bdae+dEhtlE~-Yrr, ryubr,ar•7Lora+•eet anu/eaarea er.. AO np rarrnNr Tar sYlraYreemit ~ Qarboea •tlir WMnaMgbea rYa//Imase dwnb Pall. t60b Te!•ao Uee bOrE9 ^Yr ^HUmey W aNdrwwwadiYr , MpeYr/eeer atrrew MOenarreYn erb YOM B' []14r.r K~ rTC` / ~ ~ '-"•"~ ~ L 1...~Q~ i ~/! ".Mnr enenaeerr FlYYea M b hr. 4 ~~ efF i ^ Rerrl Yir d drN L l Y ~ y ~. rl m Wdd~rr7. b 1a7 ~/~4nLNM~ ^ e uh e N ; . ~ l 4 ~ ~ d r qu r dl: 6YSY VNOOLMIO~• pr blar4~ n p Nd v~•TY+. Y VnPr • ddr4 / yrrea~rde~EYHYreM n -.- S tC r " ' +bt r ^Na bd 'se A9 b e^I ~• fs Tar aawN 1 narb) un. Gr b (a r e cddla.m afi: w l ~ Pg V Y e.be arb d ~ ^ LMlbeneagYd NrMP•r leer ECL relrNe[pe/ Er.YIw MrR R'~EM ]I. Wi m`r Y61L ~prdIIW IWr~e9'~Nal >®.Ordb IMeWW Omere St PrrdY'Mm~lhne.hm.91•K Fa1sY. OIFoe BW6q rc.l=ha~Y~ PYbnrd! e.Y10Y PbbCmpYm d frrdOlenT ~ / .A~J XWY ^XgYrWe . ,~~/~ ^ ~ I--I~ ^ Y ^eaMlm ^Farti04••«Mr^ ffiTb.de1.7 Er. MIW Ywal9 Ea.eneeloarA•bMe P.reM ^ ~ Eee lreerdYdry lBrY db /br.Ya) Yr f J lb w 1/~ ^ 8YW ^ GtlrolhhlwYW ^ Yr ^ W PrYrW ^ PMY/UPYrr PrlaP r pw' Eedy EOL fidelr WeYaMeiN SEA 91pWeatl76 , • twMerFXwLer MmerevErlramaerlrlr erblrpeeldrlraarleleerE arrnrYW Y•271 Te Mterdgbrrlp,rrAemnY eeeYNeeeeyyar aaarrrYr_______________ ^ __________________ • lkrm ~~ ~~.~ "amweyadealyype7rrr•IOI9YdmbiltFmerbgeW YYa.E7epbaredearQ TaMWrwJlsaer+,YrEammdYdr Er~eYLaY lra4 dY Erbrrawl•1 rY •rewreaaL________________ 1 E Ea l r /p O ~ 3`. ~~ /~ {~ 20~~ I r . lrR Q9Merrrarrernrdlab•eryrYlrryapiM,rMemrMYMtlre,er4 arpbr,atleubEeeeeltl ar rarrr rYeL ^ Ed Nar atlllMrlY YIAe dJOeM lrm Zll TYpe/PAM ' ~ ( AeoreYe aYlMatlljlda~ pVfMea+sY`ery''"•n (Y~ry ; 1211 111 1 1011 C ed pgrrwi PamL NU.. ~~3.~~~ ,~ -vr~s LAST WII,L AND TESTAMENT OF -,~ +~ ~ If :~ t e~ ,_ ~~i~; ,,, : t, v .:1., , 2Q(0FE8 (7 AMII= 05 FRANCES H. WEBTIBROOH ~~(~~ (;(~ J~ D CQ., PA I, FRANCES K. WESTBROOK, a resident of and domiciled at 562 East Old York Road, South Middleton Township, Carlisle, 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. I: All inheritance, estate and similar taxes becoming due by reason of my death ("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 VII of this Will as an expense and cost of administration of my estate, prior to the funding of any trust created under such ITEM. 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. ITEM II: I direct my Executor to provide for a funeral service iri conformity with my station in life. I1'LrM III: I hereby exercise all powers of appointment which I may have at the time of my death in favor of my Executor, and all property subject to all such powers of appointment shall be included in my estate and be governed by the provisions of this Will; provided, however, that I specifically decline to exercise Page 1 of 12 ~~~ any power of appointment given to me in any Will, Codicil, Trust Agreement or other instrument executed by my husband, GALEN J. WESTBROOK, (My Husband). ITEM IV: I give and bequeath all of my household furniture and furnishings, automobiles, books, pictures, china, crystal, appliances, silverware, wearing apparel and all other like articles of household or personal use to My Husband, if he survives me. If My Husband does not survive me, I give such articles to those of my children who are living at my death in as nearly equal shares as they shall select under the supervision of my Executor. If any such articles cannot be fairly divided or distributed in kind in the opinion of my Executor, such articles shall be sold and the proceeds thereof shall pass as part of my residuary estate. ITEM V: I give all of the jewelry which I shall own at the time of my death, to my grandchildren, in as nearly equal shares as they shall select, under the supervision of my Executor, if they survive me. ITEM VI: I give, devise and bequeath to my Trustee hereinafter named, IN TRUST NEVERTHELESS, to be held, administered and disposed of iri accordance with this ITEM for the benefit of My Husband and my issue (herein referred to as the "Unified Credit Trust") an amount equal to 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 value, for federal estate tax purposes, of (a) assets included in my federal gross Page 2 of 12 ~~~ 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 which will utilize a portion of the Unified Credit, and (c) adjusted taxable gifts not included iri my federal gross estate but included in the computation of the tentative federal estate tax iri 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 Husband survives me, beginning at my death, my Trustee shall pay over the income of the Unified Credit Trust to My Husband during his lifetime, in installments not less frequently than quarterly. In addition, my Trustee shall pay such amounts of the principal of such trust as, iri the sole discretion of my Trustee, may be necessary for the maintenance, support and medical and nursing care of My Husband, taking into consideration any other means readily available for such purposes. (b) My Husband shall have the non-cumulative right to withdraw in each calendar year, upon My Husband's written request to the Trustee, amounts from the principal of such Trust not exceeding in the aggregate iri any one calendar year, the greater of Five Thousand Dollars ($5,000.00) or flue percent (5%), of the value of the principal of the Trust at the end of such year. (c) Upon the death of the survivor of My Husband and me, my Trustee shall distribute the principal and any undistributed income of the Unified Credit Trust iri equal shares to my four children, DAVID L. WESTBROOK, DONALD L. WESTBROOK, DONNA L. HOVIS and LINDA G. NOGGLE, or their issue, per stripes. (d) The shares to be distributed to my children, DAVID L. WESTBROOK, DONALD L. WESTBROOK, DONNA L. HOVIS and LINDA G. NOGGLE, if living, shall be distributed to them outright. Should any of my children predecease me, my Trustee shall divide this Trust as then constituted into an equal share for my deceased child and further into equal separate shares so as to provide one share for each of my deceased child's children (my grandchildren) and hold such shares, IN FURTHER TRUST, the income and principal of which shall be held, administered and disposed of as hereinafter provided. Page 3 of 12 ~~/!~ (1) Until each of my grandchildren attains the age of twenty-one (21) years, my Trustee shall be fully authorized and shall have the sole discretion to pay to each such grandchild or to expend for his or her benefit so much of the income and principal of such grandchild's share as my Trustee shall deem necessary or desirable from time to time for his or her support, health and medical care, and education, taking into consideration all other income and other resources available to such grandchild for such purposes from all sources known to my Trustee. Any income of such grandchild's share not expended under the provisions hereof shall be accumulated and added to the principal of his or her share. When each of my grandchildren attains the age of twenty-one (21) years and until complete distribution of his or her share, my Trustee shall pay to each such grandchild all of the income from his or her share in such periodic installments as such grandchild and my Trustee shall find convenient, but not less frequently than quarter-annually.. In addition, my Trustee shall be fully authorized to pay to each of my grandchildren or to expend for his or her benefit so much of the principal of his or her share as my Trustee, in her sole discretion, shall deem necessary or desirable from time to time for his or her support, health and medical care, and education, taking into consideration all other income and other resources available to such grandchild for such purposes from all sources known to my Trustee. (2) When each of my grandchildren attains the age of twenty-five (25) years, my Trustee shall pay over, transfer, convey, and distribute to him or to her, one-third in value of the then remaining principal of his or her share of this Trust, discharged of the trust. When each such grandchild attains the age of thirty (30) years, my Trustee shall pay over, transfer, convey and distribute to him or to her one-half in value of the then remaining principal of his or her share of this Trust, discharged of the trust. When each such grandchild attains the age of thirty-five (35) years, my Trustee shall pay over, transfer, convey and distribute to him or to her the then remaining balance of his or her share of this'IYust, discharged of the trust. (3) In the event of the death of either of my grandchildren prior to division of this Trust into separate shares or prior to complete distribution of his or her share, then upon the happening of either event such grandchild's share, or the remainder thereof, shall be held, IN FURTHER TRUST, for his or her then living issue, per stirpes; and if upon such grandchild's death, he or she has not then living issue, then such share, or the remainder thereof, shall be added to the share for my other grandchildren and shall be held, administered and disposed of as herein provided. (4) The shares, or portions of shares, for all issue of my grandchildren shall vest in such issue as hereinbefore provided, but shall be retained by my Trustee who shall expend on the several beneficiaries for their support, health and Page 4 of 12 ~~~ medical care, and education so much of the income and principal of their respective shares, or portions thereof, as my Trustee shall deem best and shall accumulate any income not so expended and add such income to the principal of their respective shares, or portions thereof, until each such beneficiary, in turn, attains the age of twenty-one (21) years, at which time the then remaining balance of the principal and accumulated income of each such beneficiary's share, or portion thereof, shall be paid over, transferred, conveyed and distributed to him or to her, discharged of the trust. If such beneficiary dies before attaining the age of twenty-one (21) years, such share, or portion thereof, shall be distributed to his or her personal representative(s), discharged of the trust. ITEM VII: 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, 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 Husband (herein referred to as the "Marital Trust"). My Trustee shall have, hold, manage, invest and reinvest the assets of the Marital Trust, collect the income and (a) beginning at my death, my Trustee shall pay over the income iri quarterly installments to My Husband, during his lifetime. Additionally, my Trustee shall, during the lifetime of My Husband, pay to him such portions of the principal of the Marital Trust as, in the sole discretion of my Trustee, may be necessary for the maintenance, support and medical and nursing care of My Husband, taking into consideration any other means readily available for such purposes. (b) Upon the death of My Husband, during the continued existence of this Trust, my Trustee shall convey and pay over all of the remaining principal of the Marital Trust, to or for the benefit of such person or persons or corporation or corporations or other entity or entities, or the estate of My Husband, in such amounts or proportions, and in such lawful interests or estates, whether absolutely or in trust, as My Husband may have directed, either by instrument filed with my Trustee during his lifetime exercising this power of appointment or by his Last Will and Testament. This power or appointment shall be exercisable by My Husband alone and in all events. If the above power of appointment is for any reason not validly exercised by My Husband iri whole or in part during his lifetime or in his last Will and Testament, then upon his death such portion of or Page 5 of 12 ~~ all of the principal of the Marital Trust or such interests and estates herein as shall not have been validly appointed by him shall be distributed in accordance with ITEM VI of this my Last Will and Testament. If My Husband does not survive me, then the assets which would have constituted the foregoing Trust shall be distributed in accordance with ITEM VI of this my Last Will and Testament. ITEM VIII: It is my intention to conform to the provisions for the allowance of the marital deduction for federal estate tax purposes. I therefore direct that any provisions of this Will notwithstanding, the powers granted herein to my Executor and Trustee shall be construed iri accordance with said intention and shall not be interpreted or exercised so as to disqualify the bequest under ITEM VII to the Marital Trust. ITEM I%: Anything in this instrument to the contrary notwithstanding, all property of every trust created herein shall vest in and be distributed to the persons then entitled to the income from such property at the expiration of twenty-one (21) years after the death of the last surviving beneficiary of the trust who was in life at my death, unless sooner vested as herein provided. The purpose of this provision is to prevent any possible violation of the Rule against Perpetuities and this provision should be so construed. At the expiration of such twenty-one (21) year period, the Trustee shall distribute the property of each trust or share to the person entitled or permitted to receive the income from such trust or share, and if more than one person is entitled or permitted to receive income from a trust or share, then the Trustee shall distribute the property of such trust or share among them in such proportions as the Trustee in her discretion shall ~~i /r Page 6 of 12 determine. ITEM %: 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 iri bankruptcy of any beneficiary of my estate or of any trust created hereunder prior to the beneficiary's actual receipt thereof. My Executor and/or Trustee shall pay over the 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 without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. ITEM XI: If my husband, GALEN J. WESTBROOK, shall die with me in a common accident or disaster or under such circumstances that the order of our death cannot be established by proof, I direct that my husband shall not be deemed to have survived me, and all of the provisions of this Will shall take effect as though my husband had predeceased me. ITEM 7[II: 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 to be exercised for the best interests of the beneficiaries; subject, however, insofar as the Marital Trust is concerned, to the restrictions set forth below: (a) To retain any investments I may have at my death so long as my Page 7 of 12 ~~/ ~.~/ 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 iri 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". (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 are 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 instrument 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; provided, however, that this provision shall not apply to real estate which is an asset of the Marital Trust; 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; provided, however, that this provision shall not authorize borrowing from the Marital Trust. (g) From the same source as from which Death Taxes aze to be paid in accordance with ITEM I, to pay all costs, Death Taxes or other taxes, expenses and chazges in connection with the administration of my estate or trust, and my Executor shall pay the expenses of my last illness and funeral expenses; provided, however, that no such costs, Death Taxes, expenses or chazges in Page 8 of 12 6~ ?/~ connection with the administration of my estate shall be paid from the assets of the Marital 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 actively manage and operate any unincorporated business, including any joint ventures and partnerships, 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 carry on any business owned by me at my death, whether or not in corporate form, including the power to delegate the management and operation of the business and the power to sell or liquidate the business at such time and upon such terms as it deems advisable. (n) Only property which is fully eligible for the marital deduction for federal estate tax purposes shall be assigned to the Marital Trust. Notwithstanding anything to the contrary contained in this Will, my Trustee shall not retain beyond a reasonable time or invest in, as an asset of the Marital Trust, any property which may at any time be or become unproductive. (o) In the event that the principal of the trust held for any income beneficiary has been reduced to a fair market value of twenty-five thousand dollars ($25,000.00) or less, Trustee shall have the sole discretion to determine that, regardless of the age of any such beneficiary, it will be in his or her best interest to terminate this trust and distribute that principal then remaining together with any accrued or undistributed net income. ITEM RIII: In the settlement of my estate: (a) My Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from an election made in good faith to claim a deduction as an income tax deduction or as an estate tax deduction; nor, as a result of such election, shall any compensating adjustments Page 9 of 12 /~~f/~ ~/ be made between income and principal or in the amount of any gift under this Will to my spouse intended to qualify for the marital deduction for federal estate tax purposes. (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' decision made in good faith to use a particular valuation date; nor, as a result of such decision, shall any compensating adjustment be made in the amount of any gift under this Will to my spouse intended to qualify for the marital deduction for federal estate tax purposes. ITEM XIV: If at any time any minor shall be entitled to receive any assets free of trust by reason of my death, whether payable hereunder, by operation of law or otherwise, I appoint my hereinafter named Trustee as Guardian of such assets authorized by law payable to such minor. The Guardian may receive, administer and shall have full authority to use such assets, both principal and income, iri any manner the Guardian shall deem advisable for the best interests of the minor, including college, university, graduate or other education, without securing a court order. The Guardian shall have all the rights and privileges in her capacity as Guardian as are herein granted to my Executor and Trustee as to my estate and any trusts created hereunder. ITEM RV: I hereby nominate, constitute and appoint my husband, GALEN J. WESTBROOK as Executor of this my Last Will and Testament. If for any reason he is unwilling or unable to act as Executor, then I nominate, constitute and appoint my children, DONALD L. WESTBROOK and LINDA G. NOGGLE, as Alternate Co-Executors in his place. All references iri this Will to my "Executor" shall refer to my Executor, Co-Executors or to my sole surviving Executor, as the Page 10 of 12 ~ ~( case may be. ITF~ XVI: I hereby appoint my daughter, LINDA G. NOGGLE, as Trustee of any trust created hereunder. So long as a beneficiary of a trust hereunder is a Trustee, she shall not participate iri any discretionary determination to distribute principal or income of said Trust to or for the benefit of such beneficiary, or her issue. All references in this Will to my "'I~ustee" shall also refer to my successor Trustee, as the case may be. If my daughter is unable or unwilling to serve as Trustee, or having qualified is unable or unwilling to continue to serve, I hereby appoint ROBERT S. NOGGLE, to serve in her place as successor Trustee. ITES[ %VII: Any Guardian, Executor or Trustee shall qualify and serve without the duty or obligation of filing any bond or other security. Any fiduciary hereunder shall be entitled to compensation for services in accordance with the standard schedule of fees in effect when the services are rendered. IN WITNESS WHEREOF, I have hereunto set my hand and aff3~ced my seal to this, my last Will and Testament, this .30~' day of October, 2000. FRANCES H. WESTBROOH _ _ Page 11 of 12 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND We, FRANCES K. WESTBROOK, Patricia R. Brown, and Denise A. Pinamonti, Testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and Testament, and she had signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witness and that to the best of his/her knowledge, the Testatrix was at that time eighteen years of age or older, of sound mind, and under no constraint or undue influence. TESTATRIX ~•-~''~-d...~' Lam„--~ residing at ... 11 ~~ ~,R,J ess residing at ~.v~~ Witness Subscribed, sworn to and acknowledged before me by FRANCES K. WESTBROOK, the Testatrix, and subscribed and sworn to before me by Patricia R. Brown and Denise A. Pinamonti, witnesses, this ~_ day of October.,`. 2000. , 1 NOTARIAL SEAL Notary Public - Vlckie J. Group, Notary Public Borough of Carlisle. County of Cumberland My COf n"»n E~cpires qug 30 2004 Page 12 of 12 M„'1TARIAL SEAL Vick.. ;Notary Pubt>c Borough of ' : ~y of Cumberland My Comm:. °,:rs:; Aug. 30, x004 RENUNCIATION REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Frances K. Westbrook Deceased (, Galen J. Westbrook in my capacity/relationship as (Pont Name) Spouse of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Linda G. Noggte and Donald L. Westbrook ~ ~IS'ao~v (Dare) 1n r:__ o t..,> G' ~`` _ ` Li- ~ Q ~.._..~ ; -_- A {i ~ : rJ ~. -, ,.._. ii Q~~ Cn 4 r , ,~•, S ~l LW + 4_f t,.V _i . G ._. r.. ~ Executeai3fi Register's Office Sworn to or affirmed and subscribed before me this day of , Deputy for Register of Wills (~^ re) Galen J rook 562 East Old York Rd. (Brest Address) Boiling Springs, PA 17007 (Clfy, Sfefa, Lp) Executed out of Register's OMce Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purposes stated within on ~jg IS'I'S-day of ~ r~9-L~ Notary Public My Commission Expires: (Signature erq seal or rJOtery «other orMdal qualified to edminbtero~ ~I~.I,y~,Q>tilry}~(Wj{}~ Notarial S- Tamara S. S!:-_ ::~, ~ ~'ublic Waynesl.r, ,^a+~i,, Fi ; .. • ~ourdy My Comrri~as+on Expire s 3` i. ~~:. 1, 2010 Mc ~:r,r„sy::~:.~ia Rssociation of Notaries Form RW-08 aev. farazoo6 copyright (~i zoos r«m soMwere Dory The Leclmer cr«m, lnG.