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HomeMy WebLinkAbout04-05-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Viola M. Hardinta also known as Viola Yoe Hindinq, s/k/e Yaa Hardin0 COUNTY, PENNSYLVANIA File Number ,~1 °-ItJ "` ~Ulq Deceased Social Security Number 579-20-9770 Patltlorwr(s), who is/aro 18 years of ape or okter, appy(ies) for: (COMPLETE 'A' or 8' BELOW) ® A. Probate and Grant of let6ars Testamentary and aver that Peddoner(s) blaro the EXeCUt~'IX named in the last 1MN of the Dsoedsnt, dated and codicil(s) dated stt. n~Ywk aia~mahna~, wp., rsnund~Ebn, d..ar a.iaado-, etc Except as follows, Decedent did not marry, was not dMorced, and did not have a child tom or adopted after ezscutlon of the instrumsrtt(s) offered for probate, was not the vk~im of a killirtp and was never adjudkatted an incapacitated person: ^ 9. Grant of L.efters of AdminlsLatlon . a a; ..n.a .a: Petltlonsr(s) af6sr a proper search haslhave ascertained that Decedent ksft no Vlliq and was survived by the fogowinp spouse (if any) and heirs: (!/ AdnMrN~abts6lon, c. fa. or db.n.c.La., enter dsfe of WIN M Sectlorr A aboNS and oomplets Nat of ftsira.) N t"'1 vU Name Relafiortshi Residence ° ---.' •;~:`'~ ` _ ; - ~ ~ .. -_, t ~ - ~~ - ~ (COMPLETE IN ALL CASES.) Aftadr eddfEfOrlef sheets 7f neoasaary. "' C.J ' `~; iV Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 480 Meadows Road. N~wvUN. PA 17241 (List steal addiese, tc~vrrtnj, to~+dr~ caxrri. ~•. ~P ~1 Decedent, then ~_ years of ape, died on 03f0lSM1010 at Green Rkioe Vlllaoe. West Penrteboro. PA Dsoedent at death owned property wNh estimated values as folktws: (If domkikd in PA) All personal properly s 5.000.00. (K not domiciled in PA) Personal properly in Pennsyhranla i (If not domiciled in PA) Personal property in County f Value of real estate in Psnnsyhrania S 100..000.00 situated as folkrws: 480 Meadows Road, Newville, l ower MMlln Township, Cumberland County, PA 17241 ~n. Petllionsr(s) n~p~y rsque~r(s) the probaM a the last WIN and Codicil(s) prwrnMd witll ttNs Petltlon and tl~s prarN or Lellera NrtM appnopriaM form to Si T tx 'nted name and residence ' -~-l~scJ Zelda M. Godfrey 227 Mountain Road Newvtih, PA 17241 r-orm RVK02 wv. ~a~s-zoos copyr;er tci zaoe corm roitw.. «~ir r,. ~.an.r o~a+a. h,a. P.o. r a s Oath of Personal Representative cauMONwEN.TH of PeNNSnvANa } ~ COUNTY OF Cumberland } The Petitbnsr(s) above-nanrod swssr(s) or aRlrm(s) that tha stammsnb In the Mropoinp PaRitlon sro true and correct to the best of the knowledge and badei of Pedtlonsr(s) and that, as personal roprossntaWe(s) of the Decedent, Psdtioner(s) wiN well and truly adminMsr ttls estate sooording to law. Swom'to oraAlnnsd and subscribed bsi0r+t+ me 1f,ie ~~ t ~ day of ~.J-- _ '~r For the b sr~r-.ar. aAsraarRsproa. N c~ `~ _ ', T.} ~ m -~~,^~ `..~~ ~~ ._ 1 C" 3 -ti'7 Fik Number: ~ ~ "" 1 ` -- ~3 ~ _ ~ estate oi` Vlola M. Hardlng ,Deceased A/K/A Vlola Mae Harding, alkia Mae Harding r ;-- ~ ::: C. ~... ~ l "~ -1 ~4 ~~l~ ~~~ ~~ w r; [V Social Security Number. 578-ZO-9770 Date of Death: 03/05/2010 AND NOW, in c~onsidsratbn of the torsgoirq PetNion, satisfactory proof havirp been prossrrtsd bsforo me, R IS DECREED that t.ettsrs Teetamentanr aro heroby granted to Zelda >r1. Gedfs'ev in the above estate and that the instnxnent(s) daEsd described in the Petltlon bs admitted to probate and tiled of record as the last Wm (and CodiciKs)) of Decedent. FEES tea~ar~ .......................................... s ~ l0 0 _c~ short cerol~aes(s> ....................... s 1 t o ~ 6Cl Renuncialioe(s) ............................ S ((1 . ~~U i ~~ s 1 ~ . CT'C) --e Pn1-~iCS1fYt~1~CSY1 s ,~ . oU i i s s s s TOTAL .................................. S ~ Y~-`~f ~ ~~ Attorney Signaturo: Suprome Court LD. No.: 23188 Bowe, Lisella and Bows ~~~ 109 West Broad Stroet P O Box 290 Tamaqua, PA tg2~ Z, Telephone: 57068-1241 r-onn RYW02 raw. +arasoue CoPY~lpht ccl zoos ran~.anw.-• aiy Tlw ~adawr Gkay~, r,o. Papr z d 2 Attorney Nams: JeHrov P. Bowe Esa. PETITION FOR PROBATE AND GRANT OF LETTERS (Contlnued) REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Esblta of Viola M. Hafdino Flk Number o2 ~ - ~ d - ~ L(.C{ also kna~wn as Viola Yam Harding; a/k/a Yaa Harding Deceased Social Security Number 579-ZO-9770 ~! BIf1 Doris Jean Bragan Daughter Janice Sue Davfs Daughter Zsida M. Godfroy Daughter B~ldlard 107 Norman Drive Bohemia, NY 11718 20551 N. Santa Cruz Drive Maricopa, AZ 85138 227 Mountain Road Newvllle, PA 17241 rv n o G,~ ~" ~, ~~ r; ; ~ ~Ki tom- .i7 '~,.,- ~ ~ tJl _. ' ~ ~ ' ~ ~ ~ 7 C7 -T-~ ~ _ i ~ •• t RENUNCIATION REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Vtoia M. Hardir~ AIK/A Viola Mat Harding, afkla Mae Haedinq q ~~ Janfw But Davis _ in my capacitylrelations ~ ~ ~ ~-' Dauphtsr of the above Decedent, hereby nK~~3fle rig~o ,-~ -;-; ~ -= ;== administer the Estate of the Decedent and respectfu0y request that Letters be issued to 'b ~ ~ - ~ ~-~ w -~ . ZNds M Godiny _ - - - .~ ~ aoio ~~~- ro•~i ~ r Janice Sw Davis 20551 Nl Sant Cruz Drive. rsn..t~ AAaricoois. AZ 85!38 ran. says. zro,~. Exacutaal In ReQ/ster'a OfHca iExaCUtad out of ~s Ofitiea S1NOrn do or affirmed and subscribed Before the undersign peraonaNY apptarod ~t before me this- day t~hat~he she e ~ renunciatlou thefo ~ purposes Mated von ;• ~ ~ day Deputy for Registier of Willa Public My Commilssion Expires:•?j-~,~- o`~bb~•-E ~i6nai'~Mwa~wa~~.sww~a~~'r.ar~ mm~Mla,.) Ci1~yM ~~K lr~~w ~~~~~ Fomr R/K00 Aw. r4t&Y000 Capyri~t tc) 20061orm mfMn odr ilr L~rNr C+ow, hw. RENUNCIATION REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA N f7 d Estate of Viols M. Harding Q ate„ ~ ~ s ~ ± ~i AIK/A Vfola Mae Harding, aJk/a Mae Harding '~~ ~ ` ~ ^' ~: 7t/ Tt <' :. ,~ t, _Doris Jean Bragan in my capacity/relationship as 4`)' t~ nreme) Daughter of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Zelda M. Godfrey 3 ~u! ~ ~~., . , ~. rso~~ Doris an Brastan 107 Norman Drive tsnsae~aer.:r~ Bohemia. NY 11776 «, srr., ra Executed in Register's OfEce Sworn to or affirmed and subscribed before me thiF day of Deputy for Register of Wills Executed out of Register's Office Before the undersigned personally appeared the party exeputing this renunciation and certified that he or she executed the~renurlciation fbr the purposes instated within on r-,,,~da of~-~~ ~~ Notary Public My Commission Expires: (SiprMhre and sbel of Naary a onar wr~i.i gqww~ine~d b administer wUr; Show deEe of s~inUon of Nofarys aornmieeian.) Form RlN-0Q R9v.tat3-2o0s ~aPY~O-Mta)2oo8torm eonwers ony The Laduwtr Group, Ins. ANNABELLE .S. CONTE Notary Public, State of New York No. 01 C04!~27172 Duslified in Nassau t;ounty Commission Expires. ~„ 105.805 REV f01l07~ LOCAL REGISTRAR'S CERTIIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 16354670 Certification Number This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. ~ R~~.'~.,~X~ MA~2 7/2010 Loca] Registrar Date Issued ~ ~ C© c :A 3 -~; : , ~ __~ ~ , ~ :. W ~' e mosturrev n2ood irPe rPWtrt re COMMONWEALTH OF PENNSYLVANIA • DEPAR OF NEALTFI • YITAL RECORDS CERTIFlCATE OFD TH (Sss instructlons and exempts ravens) ~~ ,„ „~~, t. Nnn d Oeaedu^ (Rtl. nedde, NM. adbd 2 Sax A 8^dd8eauq F1aoEU i.Oeb d 0^M ~l bY~Yw) Viola Mae Harding Fe ale 579 - 20 - 9770 ~ ka M1+p ~rrl ub« t tNa« t a ow a eNA r. searw a e^. vro a ua^n iorac aer cease ^!. tNn e^.ar May 10, 1921 Martinsburg gg IbeOaa! Oder:.. A ~/ rR ^Npetlaq ^otroutawn ^oa I13tavdnuttane ^Rwdenae ^adw-~.dy: ae. au^y d tMetn Sa. tlly, tbr0. VP• a oa^n 84 FaaeylMb (M not haeeb^, pva nat eM aorta) e. w.e oeoeer^ d ~.rdc oaoN? ~1 N0 Yn to. Nees Mwlnn NdNq eed, YMe, elc Cumberland West Pennsboro Mnudmon~PaabW~m,.ea) ~~ n. tNw sass Don d ee.OeaaWe 1z Wq Daala^a^rb tlr 13. E«ewbri Nylaa i^ae wageNdl 14. r/rtr~srtw: NriNa. N^nrtanrd, 6. Sv~Mp9paw ~l w^e,yNSnWtlen nose) Busin~~"°'"owner IadddeeNenrNawq u.s.Nmearaae? ea^«wrrsartarryto-t) caw^t,.«a«) wbaa.aOnaiaea(sP.dyi health care ^~ree ®tb 12 widowed r+w Isent rr, eq ma.~ '4 ea~owa ~c~l"""' newer^ti kernerareae t?e.sme PA on D.o^a«^ tMb^ na$]ne,oaaear^w,dN Lower Mifflin ~„~. Newviile PA 17241 ,,,, ~, Cumberl nd 7°""1""? ,?a.^rb, Oeober^uxW atMN tiarunra pryre«o 1L Fe/rIS ern (Wa, aeaaa, rK edkq 1B. Mantle (Ati. nxdda, nntden nmunl Herman Guyer Koontz Zelda Arilla Griffith ~.bbarnr^twn.mPerPdna Zelda Mae Godfrey ~' Mrrgw~.e.lsaea,dtrrb^nwN.xomde) 227 Mountain &d Newville PA 17241 Zee. MeaaaaOnpnron ^Crawbn ^DOmYOn TIb.DW doYpnear Ery,r~ 2 2tc Revd (taandaeaaMy aanaayadln qew) 25a. tnuYOn lprylbwn, err,x4 ~•) Y7 ~+ ^ aanaatnamseb MY^er^^rllmaedtere^ANha1s0 March 13 010 Ches nut Hill Cemetery Mechanicsburg PA a^r- erraswP.,wrr.raraterr ^ree^ra 17055 aaa `r.."' Peremeaege.euda 776.tlure^Mnaar a2e.waerdamraredly gger Funer4l Home I~1 - FD 13895 L 15 Bfg Spr ing Ave Newville PA 1741 CaePtae one Zt-e «N alrr areyYp d my beaMdpa, awn amend d me rna, aeY erd des vsa6 (Slpr^ea ^el 29n. lkwne teurta 2x Date Sped (~~. mY~ M«I gr)raa r na areEb r as d acne aeayarredaMt. 8! ?NN d DeM 25. Deb Prawod Deetl (Mad4 dH• YaeA 2& Wn C^es fiden^d b MNw Ex«h4w 7 Coiaeer a Henan Otlur am CedrMYan a 0aetlm? 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Mri Yw) taon P«rM No. ~" CG~333Ca`~ ~. Cr<- ~ S {.... , ~-. n - ~ . r.~ C7 `~' WILL r:, o x -~-z r-, rri 7 t7 -p -'J ~: ~::.~ :. t OF am , ,i s : c.r5 ~;:~ cst - ~ ~ t ~__::~ ~ ~z~ -~ VIOLA M. HARIIING ` ' ~~~ -- -,., ., ~` ° ~-' ~ ~ ~ ~ ~AJ -..... . _~J-~ ,, ~ ~~~ t•l c~~ I, VIOLA M. HARDING, also known as MAE HARDING, of Cumberland County ~ Ci Pennsylvania, declare this to be my will and hereby revoke all prior wills and codicils made by me. Personalty. I bequeath to my husband, Warren W. Harding, all of my tangible personal property not used in business or for the production of income, including without limitation furniture, furnishings, clothing, jewelry, objects of art and decoration, and the like, and any motor vehicles which I own, together with the insurance thereon, if he survives me. If my husband does not survive me, then I bequeath all said property, together with the insurance thereon, to those of my children who survive me. If said children are not all competent adults, or if they cannot agree on the division, then my executor(s) shall make the division, and may sell any items passing hereunder and distribute the proceeds. 2. Bequests. I bequeath the sum of: (a) Twenty-five Thousand Dollars ($25,000.00) to my daughter Zelda M. Godfrey, if she survives me, or, if she does not survive me, per stirpes to her issue; (b) Twenty-five Thousand Dollars ($2,000.00) to my daughter Doris Bragan, if she survives me, or, if she does not sur~ive me, per stirpes to her issue; and (c) Twenty-five Thousand Dollars ($5,000.00) to my daughter Janice Davis, if she survives me, or, if she does not survive me, per stirpes to her issue. If any such issue of a daughter is under the age of thirty-five (35) years, his share shall be held for him in a separate trust under the terms of paragraph 6 below. 3. Residue. I bequeath, devise, and appoint all the rest of my property, of whatever nature and wherever situated, including property over which I hold a power of appointment, except that I do not exercise any power of appointment given to me by my husband, to the Trustees} hereinafter named, for the following purposes: (a) If my husband, Warren W. Harding, survives me, then the Trustee(s) shall establish Trust A hereunder, governed by paragraph 4 below, by allocation thereto, from the property held hereunder, an amount, if any, equal to (i) the minimum amount, after taking into account all deductions other than the marital deduction and applying all credits available, which is necessary as the marital deduction to reduce to the lowest possible amount the federal estate tax payable by reason of my death, less (ii) the value of all other assets in my gross estate which qualify for the marital deduction and which pass or have passed to my said husband under other provisions of this will or otherwise. In determining such amount, all assets involved in the calculation shall be valued at final federal estate tax values, but in funding Trust A, date of distribution values shall be used and only assets that qualify for the marital deduction shall be used. I intend that the interest of my husband in Trust A shall qualm for the marital deduction, and any provisions herein which may appear to intention to obtain the marital deduction for the construed or applied to accomplish that with or in any way defeat my amount of Trust A shall be -2- (b) The remainder of the property p sing hereunder (or, if my husband does not survive me, all the property p sing hereunder) shall be held as Trust B. (See paragraph 5 below.) 4. Trust A. The income and principal of Trust A (if established hereunder) shall be distributed as follows: (a) Income. The Trustee(s) shall pay'the net income from Trust A to or for the benefit of my husband, Warren W. Harding, for his lifetime, in such installments, but not less frequently than quarterXy, as the Trustee(s) may determine. (b) Principal. The Trustee(s) shall p y from time to time from the principal of Trust A to or for the benefit of my h sband: (i) such sums as shall in the discretion of the Trustee(s) seem proper for his support, maintenance, and health care or necessary to permit him to maintain a standard of living approximately equal to that maintained y him during my lifetime, taking into account such other sources oi~ income, support and estate that maybe available to him, and (ii) such sums, including any r all principal, that my husband may request in writing. (c) After Husband's Lifetime. Upon Ithe death of my husband, Warren W. Harding, all the principal then held in Trust ~ shall be distributed as he may by his will appoint, making specific reference to this Trust A. Except as expressly stated in the preceding sentence, there shall ben restriction, condition or qualification on or to the power to make such a ointment and the permissible -3- beneficiaries. The power of appointment shall b exercisable by my husband alone and in all events, and there shall be no po er in any person other than my husband to appoint to any other person any part f the property passing under Trust A. To the extent that my husband should '1 to exercise effectively his power of appointment over any part of the prope in Trust A, the Trustee(s) shall (except to the extent that my husband expressly irects to the contrary in his last will or in a writing delivered to the Trustee(s) d 'ng his lifetime) pay from the unappointed portion of the principal of Trust A: (i) the amount of any additio al estate, inheritance or other death taxes imposed on account of he death of my husband by reason of his power of appointment o er and other rights in the unappointed portion of the principal of T st A (the amount of each such additional tax to be equal to th excess if any of the tax, including any interest thereon, payable b reason of his death over the amount of such tax which would hav been payable if no such tax was payable by reason of his death w th respect to the unappointed principal of Trust A), and (ii) any expenses incurred in a administration of his estate attributed to the determination of s ch taxes (and the Trustee(s) may accept the written statem nt of his personal representatives as to the amount of taxes and expenses payable hereunder), -4- and the remaining balance of the principal held i Trust A at his death shall be added to and considered part of Trust B and shal be administered and distributed under the provisions herein governing Trust B. 5. Trust B. The income and principal of T st B shall be distributed as follows: (a) Income. The Trustee(s) shall pay the net income from Trust B at least quarterly to or for the benefit of my husban ,Warren W. Harding, for his lifetime. (b) Principal. (i) The Trustee(s) shall from ime to time pay such sums from the principal of Trust B to or or the benefit of my husband as may in the discretion of the steels) seem necessary for his support, maintenance and health are, and for the maintenance by my husband of the stand d of living maintained by him during my lifetime, taking into a count such other sources of income, support and estate that may b available to him and the needs and resources of all the beneficiari s. My first priority for the income and principal of Trust B take together is the support, maintenance, and health care of my hus d for life. In determining whether any invasion shall a made for the benefit of my husband from the principal of Trust or from the principal of Trust B, such invasion shall be made fro Trust A as far as practical. -5- (ii) The Trustee(s) shall from ime to time pay such sums from the principal of Trust B to or or the benefit of my issue as may in the discretion of the Trustee(s) seem necessary for the health, education, support and mainten a of my issue, taking into account such other sources of income, su port and estate that may be available to the beneficiary and the ne ds and resources of all the beneficiaries. Any of the foregoing 'stributions to or for the benefit of my issue shall be based on the'r needs, rather than on a desire to maintain absolute equality of p yments among them. (c) Legal Support Obli ag tion. No p ent shall be made under subparagraphs (a) or (b) above which would dis harge to any extent the legal obligation of any person for the support of the r cipient of such payment. (d) Husband's Rights of Withdrawal. In addition to the foregoing, during any calendar year my husband shall have the unqualified right in his sole discretion to demand in one or more writings de ivered by him to the Trustee(s) that he be paid from the principal of Trust B an ount not in excess of the greater of Five Thousand Dollars ($5,000.00) or five percent (5%) of the aggregate market value of the assets of Trust B of December 31 of the calendar year during which such demand is made. The ri t permitted my husband under this subparagraph (d) must be exercised by him herein provided on or before December 31 of the calendar year to which appl cable, and any amount as to which such right is not exercised for any given alendar year shall lapse and shall not accumulate or carry over to any future Galen ar year. -6- (e) After Husband's Lifetime• Limite Power of A ointment b Husband. Upon the death of the survivor of my usband and me, if he survives me, the Trustee(s) shall pay the balance held in rust B, outright or in trust, in such amounts or proportions to or for the benefit of any or all of my issue and their spouses or former spouses and persons gift to whom are then allowable as deductions under Section 2055 of the Internal R venue Code (or any successor provision), as my husband may direct in his will making specific reference to Trust B hereunder. To the extent that my husb d should fail to exercise effectively his limited power of appointment ov r Trust B, or if he should predecease me, then upon the death of the survi or of my husband and me, the principal remaining in Trust B shall be distribut d per stirpes to my issue, provided, however, that if any such issue is then under the age of thirty-five (35) years, his share shall be held for him in a separa a trust hereunder under the terms of paragraph 6 below. 6. Separate Trusts. The income and princi al of a separate trust in which a share of any issue under paragraph 2 is to be held for the benefi iary under this paragraph 6, or in which a share in Trust B is to be held for the beneficiary pursu t to the terms of paragraph 5(c) above, shall be distributed as follows: (a) Income. The income shall be dis 'buted at least quarterly to or for the benefit of the beneficiary. No payment shall be made under this subparagraph (a) which would discharge to any extent the leg 1 obligation of any person for the support of the beneficiary. (b) Principal. The Trustee(s) shall p y from the principal such sums to or for any or all of the beneficiary and his issue in the discretion of the -7- Trustee(s) seems proper for their support, maint nance, health care, and education, and such sums to or for the benefit o the beneficiary as in the discretion of the Trustee(s) seems proper to help establish him in a business or profession or acquire or furnish a home for him, taking into account the other sources of income, support and estate that are av ilable to the distributee, the reasonably anticipated needs and resources of th beneficiary and his issue, their income and estate tax brackets, the desirability f the transaction (if any), and the possible application of any generation-skipping ax. No payment shall be made under this subparagraph (b) which would disch ge to any extent the legal obligation of any person for the support of the d stributee. (c) Distribution of Separate Trust. (i) When such beneficiary s 11 have attained the age of twenty-five (25) years, the Trustee(s) hall distribute to him at his written request one third (1/3) of the emaining principal balance then held in his separate trust; w en such beneficiary shall have attained the age of thirty (30) years the Trustee(s) shall distribute to him at his written request o e half ('/2) of the remaining principal balance; and when such beneficiary shall have attained the age of thirty-five (35) years, the Trustee(s) shall distribute to him at his written request tl~e entire balance held in his separate trust. (ii) If such beneficiary should die before making proper request for the entire balance in his sepa~ate trust, then the entire balance in his separate trust shall at his death be distributed, -8- outright or in trust, in such sums or propoirtions as such beneficiary may direct in his last will, expressly refer$ing to his separate trust hereunder, but only among my issue and heir spouses or former spouses and persons gifts to whom are deductions under Section 2055 of the ] any successor provision); and to the e~ shall fail to exercise effectively his lirr . allowable as ial Revenue Code (or that such beneficiary power of appointment hereunder, the aforementioned balance in his separate trust shall then be distributed per stirpes to his issue or, if no such issue survive him, per stirpes to the issue of hi parent who was a child or more remote descendant of mine, or, i$ no such issue survive him, per stirpes to the issue of his grandparent who was a child or more remote descendant of mine or, if noel such issue survive him, per stirpes to my issue, with the share of any of such issue for whom property is then held in or payableto a separate trust under this paragraph 6 being added to such separate trust. (d) Disposition Upon Application of $tule Against Perpetuities. Notwithstanding subparagraph (c) above, if duri~g the lifetime of a person for whom a separate trust under this paragraph 6 wa~ established the interest of such person therein becomes void under the applicably rule against perpetuities, then the balance in such separate trust shall then be distributed outright to such person. 7. Survival Clause. If any beneficiary hereunder should die within sixty (60) days after me or within sixty (60) days after any other person'the survival of whom determines his -9- rights hereunder, then such beneficiary shall be deemed to have predeceased me or such other person for all purposes hereunder. 8. Powers. In addition to such other powers and duties as may be granted elsewhere herein or which maybe granted by law, the fiduciaries hereunder shall have the following powers and duties, without the necessity of notice to or consent by any Court: (a) To retain all or any part of my property, real or personal, in the form in which it maybe held at the time of its receipt, including any closely held business in which I have an interest and any stock of any corporate fiduciary hereunder, as long as in the exercise of their discretion it maybe advisable so to do, notwithstanding that said property may not be of a character authorized by law, provided, however, that upon written request by my husband, they shall within a reasonable time make productive of income any interest in property (however and whenever acquired) held in Trust A hereunder. (b) To invest and reinvest any funds held hereunder in any property, real or personal, including, but not by way of limitation, bonds, preferred stocks, common stocks, and other securities of domestic or foreign corporations or investment trusts, mortgages or mortgage participations, and common trust funds, even though such property would not be considered appropriate or legal for a fiduciary apart from this provision. (c) To sell, convey, exchange, partition, give options to buy or lease upon, or otherwise dispose of any property, real or personal, at any time held by them, with or without order of court at their option, at public or private sale or otherwise, for cash or other consideration or for such credit terms as they think -10- proper, and upon such terms and for such prices as they may determine, and to convey such property free of all trusts. (d) To borrow money from any person for any purpose in connection with the administration hereof, to execute promissory notes or other obligations for amounts so borrowed, and to secure the payments of such amounts by mortgages or pledges of any property, real or personal, which maybe held hereunder. (e) To make loans, secured or unsecured, in such amounts, upon such terms, at such rates of interest, and to such persons, firms or corporations as they may deem advisable. (fj To renew or extend the time for payment of any obligation, secured or unsecured, payable to or by them, for as long a period of time and on such terms, as they may determine, and to adjust, settle and arbitrate claims or demands in favor of or against them. (g) In dividing or distributing any property, real or personal, included herein, to divide or distribute in cash, in kind, or partly in cash and partly in kind. (h) To hold, manage, and develop any real estate which maybe held by them at any time, to mortgage any such property in such amounts and on such terms as they may deem advisable, to lease any such property for such term or terms, and upon such conditions and rentals as they may deem advisable, whether or not the term of any such lease shall exceed the period permitted by law or the probable period of retention under this instrument; to make repairs, replacements and improvements, structural and otherwise, in connection with any such property, to abandon any such property which they may deem to be worthless or -11- not of sufficient value to warrant keeping or protecting, and to permit any such property to be lost by tax sale or any other proceedings. (i) To employ such brokers, banks, custodians, investment counsel, attorneys, and other agents, and to delegate to them such duties, rights and powers as they may determine, and for such periods as they think fit. (j) To register any securities at any time in their names as fiduciary, or in the names of nominees, with or without indicating the trust character of the securities so registered. (k) With respect to any securities held hereunder, to vote upon any proposition or election at any meeting of the person or entity issuing such securities, and to grant proxies, discretionary or otherwise, to vote at any such meeting; to join or become a party to any reorganization, readjustment, merger, voting trust, consolidation or exchange, and to deposit any such securities with any committee, depository, trustee or otherwise, and to pay out of the trust created herein, any fees, expenses, and assessments incurred in connection therewith; to exercise conversion, subscription or other rights, and to receive or hold any new securities issued as a result of any such reorganization, readjustment, merger, voting trust, consolidation, exchange or exercise of conversion, subscription or other rights and generally to take all action with respect to any such securities as could be taken by the absolute owner thereof. (1) To engage in sales, leases, loans, and other transactions with my estate, the estate of my husband, or any trust established by either of us, even if they are also fiduciaries or beneficiaries thereof. -12- (m) To make all necessary proofs of death under the insurance policies of which they are the beneficiary, to execute any receipts for the proceeds and to institute any action to collect said proceeds and to make adjustments of any claim thereunder, provided, however, that they need not institute any action unless they shall have been indemnified against all expenses and liabilities to which they may become subject as a result thereof. If, however, they desire to institute such action without indemnification, they are hereby authorized to be reimbursed for all expenses and liabilities incurred as a result thereof from any amounts which may be held in trust hereunder then or thereafter. (n) To exercise all elections which they may have with respect to income, gift, estate, inheritance or other taxes, including without limitation execution of joint income tax returns, election to deduct expenses in computing one tax or another, election to split gifts, and election to pay or to defer payment of any tax, in all events without their being bound to require contribution from any other person. (o) To operate, own, or develop any business or property held hereunder in any form, including without limitation sole proprietorship, limited or general partnership, corporation, association, tenancy in common, condominium, or any other, whether or not they have restricted or no management rights, as they in their discretion think best. 9. Spendthrift Clause. No interest (whether in income or principal, whether or not a remainder interest, and whether vested or contingent) of any beneficiary hereunder shall be subject to anticipation, pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his said interest, nor shall the said -13- interest of any beneficiary be liable or subject in any manner while in the possession of the fiduciaries for any liability of such beneficiary, whether such liability arises from his debts, contracts, torts, or other engagements of any type. 10. Facility of Payments for Minors or Incompetents. Any amounts or property which are payable or distributable hereunder to a minor or incompetent may, at the discretion of the fiduciaries, be paid to the parent or guardian of such minor or incompetent, to the person with whom such minor or incompetent resides, or directly to such minor or incompetent, or may be applied for the use or benefit of such minor or incompetent. Any amount or property payable or distributable hereunder to a person under the age of twenty-five (25) years may in the discretion of the fiduciaries involved be paid or distributed to a custodian for such person under the Pennsylvania Uniform Transfers to Minors Act. 11. Taxes. I direct that all estate, inheritance, and succession taxes that maybe assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, other than generation-skipping taxes, shall be paid out of the principal of my general estate to the same effect as if said taxes were expenses of administration, except that any such additional taxes (and interest and penalties thereon) imposed on account of my interest in or power over any trust established by my husband shall be paid out of the property held in such trust, and all other property includible in my taxable estate for federal or state tax purposes, whether or not passing under this will, shall be free and clear thereof; provided, however, that my executor(s) may in the discretion of the executor(s) request that any portion or all of said taxes (to be paid out of the principal of my general estate) shall instead be paid out of the principal of any trust established by me in this will or otherwise, to the extent expressly authorized under the terms of said trust. With the consent of the Trustee(s) hereunder, said taxes may be paid out of the principal of Trust B hereunder as if said taxes were expenses of administration thereof, provided, however, that no -14- such taxes shall be paid out of Trust A hereunder or out of assets that are not includible in my federal gross estate. 12. Fiduciaries. I appoint as executors hereunder and as Trustees hereunder my daughters Zelda Mae Godfrey, of Newville, Pennsylvania, Doris Jean Bragan of Bohemia, New York, and Janice Sue Davis of Tempe, Arizona. My executors shall serve as guardians of the property of any minor beneficiaries hereunder, under any instrument of trust executed by me, under any policies of insurance on my life, and in any other situation in which the power to make such appointment exists under the laws of Pennsylvania. No individual fiduciary shall be liable for the acts, omissions or defaults of any agent appointed and retained with due care or of any co-fiduciary. No fiduciary shall be required to furnish bond or other security for the proper performance of her duties hereunder. 13. Gender. Unless the context indicates otherwise, any use of the masculine gender herein shall also include the feminine gender. IN WITNESS WHEREOF, I, VIOLA M. HARDING, herewith set my hand to this, my last Will, typewritten on sixteen (16) sheets of paper including the self-proving attestation clause and signatures of witnesses, this ~t~ day of % /„~. , 2004. 7J~,4.., (SEAL) Viola M. Harding Witnessed: ~, ~ ~~d M~ 2~ou~.s lid residing at ~~ e~ ~~~11e, ~a 3~ ~'~[ ~~ ~ k~~ R ~ residing at ~ /0 -15- COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . SS: Vio M. Harding, (th testatrix), ~.C~C~/1JLZ~v ~.U. and /2 (the witnesses), whose ames are signed to the oregoing instrument, being first duly sworn, each hereby declares to the undersigned authority that the testatrix signed and executed the instrument as her last will in the presence of the witnesses and that 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 heanng of the testatrix, signed the will as witness and that to the best of his knowledge the testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. TESTATRIX: ~ ~.~=~~ . VIOLA M. HARDING WITNESS: WITNESS: ~~z~ ~. ~ Subscribed, sworn to and acknowledged before me by Voila M. Harding, the testatrix, and subscribed and sworn to before me by ~ / J~/LLe~.~ (.[~ 1 `~~ , and I c , l.~)(~~i~,, ,the witnesses, this ~ day of ~j~~~ , 2004. ~I Notary Public (SEAL) Notarial Seal Jennie E. Row, Notary Public Lower Paxton Twp., Dauphin Coun My Commission Expires Jan. 19, 205 Member, Penn.~vivania Ass+~riation of Notaries -16-