HomeMy WebLinkAbout04-01-10 (3)1505607120
REV-1 BOO EX (06-os) OFFICIAL USE ONLY
PA Department of Revenue County Code ' Year File Number
Bureau of Individual Taxes INHERITANCE TAX RETURN
PO 60X.280601
Harrisburg, PA 17128-0601 RESIDENT DECEDENT 21 0 9 0 4 12
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death Date of Birth
136 14 0809 04 25 2009 04 06 1924
Decedent's Last Name Suffix Decedent's First Name MI
DALY JR JOSEPH G
(If Applicable) Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix Spouse's First Name Mi
Spouse's Social Security Number
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
X^ 1. Original Return ^ 2. Supplemental Return ^ 3. Remainder Return (date of death
prior to 12-13-82)
^ 4. Limited Estate ^ 4a, Future Interest Compromise ^ 5. Federal Estate Tax Return Required
(date of death after 12-12-82)
X g, Decedent Died Testate ] Decedent Maintained a Living Trust
(Attach Copy of Will) ^ (Attach Copy of Trust) 0 8. Total Number of Safe Deposit Boxes
^ 9. Litigation Proceeds Received ^ 10, Spousal Poverty Credit !date of death 11,Election to tax under Sec. 9113(A)
between 12-31-91 and 1-1-95) ^ (Attach Sch. O)
CORRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
Name Daytime Telephone Number
WAYNE M PECHT 717 691 9809
Firm Name (If Applicable
PECHT & ASSOCIATES, PC
First line of address
1205 MANOR DRIVE, SUITE 200
Second line of address
City or Post Office
MECHANICSBURG
State ZIP Code
PA 17055
Correspondent's e-mail address: w p e c h t~ p e c h t l a w. c o m
REGISTE~B,~OF WILLS ~ ONLY
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unaer penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief,
it is true, correct and complete. Declarat' n of preparer other than the personal representative is based on all information of which preparer has any knowledge.
Si RE OF PERSON RESP NSIBL F R FILING RETURN DATE
• ~ Marleen E Karns ,3 r /
ADDRESS ~ / l!
2305 Foxfire Circle, Mechanicsbur , PA 17055 ~- 3~-• l0
SIG AT RE OF PR AR OT TH EPRESENTATIVE DATE
~( G~c~~~ Wayne M Pecht
1205 Manor Drive, Suite 200, Mechanicsburg, PA 17055
Side 1
150560712U 1505607120 J
J
15056Q7220
REV-1500 EX
Decedent's Social Security Number
DeoedenYsName: Joseph Gordon Daly Jr 13 6 14 0 8 0 9
RECAPITULATION
1. Real Estate (Schedule A) ........................................................................................... 1.
2. Stocks and Bonds (Schedule B) ................................................................................. 2.
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) .............. 3.
4. Mortgages & Notes Receivable (Schedule D) ............................................................ 4.
5• Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) .................... 5. 2 4 7 , 2 6 0 . 2 7
6. Jointly Owned Property (Schedule F) [~ Separate Billing Requested .............. 6.
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property
(Schedule G) ~ Separate Billing Requested .............. 7,
8. Total Gross Assets (total Lines 1-7) ........................................................................ 8. 2 4 7, 2 6 0. 2 7
9. Funeral Expenses & Administrative Costs (Schedule H) ............................................ 9. 1 5 , 2 2 2 . 3 7
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) ................................... 10. 2 , 3 2 3 • 9 7
11. Total Deductions (total Lines 9 & 10) ....................................................................... 11. 1 7 , 5 4 6 . 3 4
12. Net Value of Estate (Line 8 minus Line 11) .............................................................. 12. 2 2 9 , 7 1 3 . 9 3
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which
an election to tax has not been made (Schedule J) .................................................... 13. 2 , 0 0 0 . 0 0
14. Net Value Subject to Tax (Line 12 minus Line 13) ................................................... 14, 2 2 7 , 7 1 3 . 9 3
TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 taxable
at the spousal tax rate, or
transfers under Sec. 9116
(a)(1.2) x .00 0. 0 0 15. 0. 0 0
16. Amount of Line 14 taxable
at lineal rate x .045 2 2 7 , 713.9 3 16. 10 , 2 4 7.13
17. Amount of Line 14 taxable
at sibling rate X .12 0. 0 0 17. 0. 0 0
18. Amount of Line 14 taxable
at collateral rate X .15 0. 0 0 18• 0. 0 0
19. Tax Due ...................................................................
.................................................. 19. 10 , 2 4 7.13
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT.
Side 2
1505607220
1505607220
REV-1500 EX Page 3
Decedent's Complete Address:
File Number 21-09-0412
DECEDENT'S NAME
Joseph Gordon Daly Jr
STREET ADDRESS
325 Wesley Drive, Apt. 3306
CITY STATE ZIP
Mechanicsburg PA 17055
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
3. Interest/Penalty if applicable
p. Interest
E. Penalty
9,700.00
510.53
Total Credits (A + B + C)
(1) 10,247.13
(2) 10,210.53
(3)
(4}
(5) 36.60
(5A)
c5B> 3s.so
Total Interest/Penalty (D + E)
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Check box on Page 2 Line 20 to request a refund
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE.
A. Enter the interest on the tax due.
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE.
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred :..................................................................................... ^ x
b. retain the right to designate who shall use the property transferred or its income :......................................... ^ x
c. retain a reversionary interest; or ..................................................................................................................... ^ x
d. receive the promise for life of either payments, benefits or care? ............................................................... ^ x
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without
receiving adequate consideration? .......................................................................................................................... ^
3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? ............... Gl 0
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? ........................................................................................................................ ^
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
,..
For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the
surviving spouse is three (3) percent [72 P.S. §9116 (a) (1.1) (i)].
For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero
(0) percent [72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements
for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary.
For dates of death on or after July 1, 2000:
The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a
natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. §9116 (a) (1.2)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5} percent,
except as noted in 72 P.S. §9116 1.2) [72 P.S. §9116 (a) (1)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent [72 P.S. §9116 (a) (1.3)). A
sibling is defined under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
Rev-1508 EX+ (6-98)
SCHEDULE E
CASH, BANK DEPOSITS, ~ MISC.
PERSONAL PROPERTY
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Daly, Joseph Gordon Jr 21-09-0412
Include the proceeds of litigation and the date the proceeds were received by the estate.
All property jointly-owned with the right of survivorship must be disclosed on schedule F.
ITEM
NUMBER
DESCRIPTIQN VALUE AT DATE
OF DEATH
1 Asbury Communities, Inc. -Overpayment refund 110.37
2 Bethany Village -Refund 25,272.00
3 Blue Cross Blue Shield of Florida -Refund -Rates Paid beyond date of cancellation 21.58
4 The Hartford -Refund -Policy Cancelled 166.00
5 Malpezzi Funeral Home -Refund -Partial Payment received from Veterans 600.00
Administration
6 PNC Bank Certificate #11020004729 26,343.00
7 PNC Bank Certificate #31400338192 5,000.00
8 Susquehanna Bank, PA Account #10005403877 -Per client list of accounts 5,167.98
9 The Hartford -Refund -Policy Cancelled 83.00
10 Verizon -Credit Balance Refund telephone service 32.13
11 Wachovia Bank # 247402883412114 - As per Confirmation of Account and balance 15,000.00
information
12 Wachovia Bank # 5171 - As per verification/confirmation of account and balance 2,579.03
information
13 Wachovia Bank # 8627 - As per verification/confirmation of account and balance 3,028.10
information
14 Wachovia Bank, NA Personal CD #247402112718242 10,000.00
Total of Continuation Schedule See attached page
TOTAL (Also enter on Line 5, Recapitulation] 247,260.27
(If more space is needed, additional pages of the same size)
Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule E (Rev. 6-98)
Rev-1508 EX+ (6-98)
SCHEDULE E
CASH, BANK DEPOSITS, ~ MISC.
PERSONAL PROPERTY
COMMONWEALTH OF PENNSYLVANIA continued
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Daly, Joseph Gordon Jr 21-09-0412
__
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATM
15 Wachovia Bank, NA Personal CD #24740273427517 70,000.00
16 I Washington Mutual Bank, FA CD Account #0179-0001514961-4 ~ 43,422.91
17 I Washington Mutual Bank, FA CD Account #0179-0001561378-4 ~ 37,434.17
18 I Vehicle -Proceeds from sale ~ 3,000.00
TOTAL (Also enter on Line 5, Recapitulation) ~ 247,260.27
Copyright (c) 2002 form software only The Lackner Group, Inc.
Form PA-1500 Schedule E (Rev. 6-98)
REV-1151 EX+ (10-06)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
ESTATE OF FILE NUMBER
Daly, Joseph Gordon Jr 21-09-0412
Debts of decedent must be reported on Schedule I.
ITEM DESCRIPTION AMOUNT
NUMBER
A. FUNERAL EXPENSES:
Malpezzi Funeral Home -Professional Services -Statement Dated June 1, 2009
5,168.12
Street Address
City
B.
1
ADMINISTRATIVE COSTS:
Personal Representative's Commissions
Name(s) of Personal Representative(s)
Year(s) Commission paid
State
Zip
2. Attorney's Fees Pecht ~ Associates, PC
3, Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant
9,500.00
Street Address
Cky State Zip _
Relationship of Claimant to Decedent
4. Probate Fees Cumberland County Register of Wills, Agent
5. Accountant's Fees
6. Tax Return Preparer's Fees
7. Other Administrative Costs 554.25
See continuation schedule(s~ attached
TOTAL (Also enter on line 9, Recapitulation) 15,222.37
Copyright (c) 2009 form software only The Lackner Group, Inc.
Form PA-1500 Schedule H (Rev. 10-06)
SCHEDULE H
FUNERAL EXPENSES AND ADMINISTRATIVE COSTS
continued
ESTATE OF FILE NUMBER
Daly, Joseph Gordon Jr 21-09-0412
ITEM
NUMBER DESCRIPTION AMOUNT
Other Administrative Costs
1 Publication -Cumberland Law Journal -Estate Legal Advertisment 75.00
2 Publication -Patriot News Co. -Estate Legal Advertisement 359.25
3 Register of Wills, Cumberland County -Probate Fees 120.00
H-B7 Subtotal 554.25
Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98}
REV-1 S13 EX+ (9.00)
SCHEDULE J
COMMN ERITANCE TAX RET RN ANIA BENEFICIARIES
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Daly, Joseph Gordon Jr 21-09-0412
NUMBER NAME AND ADDRESS OF RELATIONSHIP TO
DECEDENT SHARE OF ESTATE AMOUNT OF ESTATE
PERSON(S) RECEIVING PROPERTY (Words) ($$$)
Do Not List Trustee s
I
' TAXABLE DISTRIBUTIONS [include outright spousal
distributions and transfers
under Sec. ~116(a)(1.2)]
See attached schedule
Total 227,713.94
Enter dollar amounts for distributions shown above on lines 15 throu h 18, as ap ro riate , on Rev 1500 cover sh eet
II. NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT
BEING MADE
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
See continuation schedule{s) attached 2,000.00
TOT AL OF PART 11-ENTER T(~TAi NC~N-T~X~RI G r11RTRIRI ITI~IAIC r1Al I IAIC ~4 nC o~~i AGAA /+/1VCD c+u~rT ~ nnff nn
copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule J (Rev. 6-98)
Rev-1512 EX+ (12-08)
SCHEDULE 1
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, ~ LIENS
COMMONWEALTH OF PENNSYLVANfA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Daly, Joseph Gordon Jr 21-09-0412
Report debts incurred by the decedent prior to death that remained unpaid at the date of death, including unreimbursed medical expenses.
ITEM
NUMBER
DESCRIPTION VALUE AT DATE
OF DEATH
1 AARP Credit Card With Chase - 2165 - As per Account Schedule - 5113109 357.93
2 Bethany Village -Dining Office -Residential Meals from April 1, 2009 - Apri115, 2009 304.52
3 Cost of Checks for Estate Account 8.00
4 Diocese of Harrisburg -Office of Catholic Cemeteries -Contract No. 2810 975.00
5 Italian Oven -Fellowship following funeral -Invoice No. 1 557.81
6 Mumma's Jewelry Store -Invoice No. 64126 - Repair to decedent's ring 37.10
7 Register of Wills, Cumberland County -Filing Fee -Inheritance Tax Return 15.00
8 Register of Wills, Cumberland County -Filing Fee, Inventory 15.00
9 Register of Wills, Cumberland County -Filing Fee, Family Estate Settlement 20.00
Agreement
10 Zimmerman's Auto Service -Invoice No. 67465 33.61
TOTAL (Also enter on Line 10, Recapitulations I 2,323.97
(If more space is needed, additional pages of the same size)
Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule I (Rev. 12-08)
SCHEDULE J
BENEFICIARIES
(Part I, Taxable Distributions)
ESTATE OF:
Joseph Gordon Daly Jr 04/25/2009 136-14-0809
Item Name and Address of Person(s) Share of Estate Amount of Estate
Number Receiving Property Relationship (Words) ($$$)
1 Joseph G Daly, III
4424 Cooper Cove Road
PA 27127
2 Marleen E Karns
2305 Foxfire Circle
PA 17055
Son
Daughter
fifty percent of 113,856.97
residual assets
fifty percent of 113,856.97
residual assets
Total 227.713.94
~~
1
SCHEDULE J-11B
CHARITABLE AND GOVERNMENTAL
DISTRIBUTIONS
continued
ESTATE OF FILE NUMBER
Daly, Joseph Gordon Jr 21-09-0412
Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule J-IIB (Rev. 6-98)
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Last Will and Testament = -~`-~~~
.~ r, ..) ,...~ tirr6 ..
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OF _, r_- _.~ -..
.JOSEPH GORDON DALY, JR. c>> .
I,~ Joseph Gordon Daly, Jr., of Mechanicsburg, Cumberland County, Pennsylvania, do
make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and
Codicils by me heretofore made.
ITEM I: Family Information. I am not married. I have three children: Joseph Gordon
Daly, III (born October 6, 1948), Maureen C. Kirsch (born September 25, 1949), and Marleen E.
Karns (born July 3,1956). These children are described in this Will as "my children", or as "a child
of mine". Any person born to or adopted by a child of mine is referenced in this Will as my issue.
Provided, however, no adopted person shall benefit under this Will unless the order or decree of
adoption is entered before the adopted person attains the age of twenty-one (21) years.
ITEM II: Death Taxes. I direct that all inheritance and estate taxes becoming due by
reason of my death, whether payable by my estate or by any recipient of any property, shall be paid
by the Executor out of the residue of my estate, as an expense and cost of administration of my
estate, except that no taxes shall be charged against any gift qualifying for the charitable deduction in
my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax
so paid, even though on proceeds of insurance or other property not passing under this Will.
ITEM III: Debts and Final Expenses. I direct the Executor to pay the expenses of my last
illness and funeral expenses from the residue of my estate as an expense and cost of administration
of my estate.
ITEM IV: Tangible Personal Pro~erty. I give all my tangible personal property,
including but not limited to, all of my household furniture and furnishings, books, pictures, jewelry,
silverware, automobiles, wearing apparel and all other articles of household or personal use or
itials
adornment and all policies of insurance thereon to my children, Joseph Gordon Daly, III, Maureen
C. Kirsch, and Marleen E. Karns, in equal shares to be divided among them as they shall agree. If
my son, Joseph Gordon Daly, III, or my daughter Maureen C. Kirsch fails to survive me by thirty
(30) days, their share shall be distributed in equal shares between my surviving children. If my
daughter Marleen E. Karns fails to survive me by thirty (30) days, her share shall be distributed to
' her children in equal shares, per stirpes. Should there be rio agreement, the Executor shall divide this
property among them in as nearly equal portions as the Executor deems appropriate, having due
regard to the personal preferences of my children. I may leave a written list in my safe deposit box
or elsewhere disposing of certain items of my tangible personal property. The Executor shall dispose
of items of my tangible personal property as specified in the written list. If no written list is found in
my safe deposit box or elsewhere and properly identified by the Executor within thirty (3 0) days after
the probate of my Will, it shall be presumed that there is no other statement or list. Any subsequently
discovered list shall be ignored.
ITEM V: Specific Bequests.
A. I give to Babson College, 231 Forest Street, Babson Park, MA
02457-0310, the amount of Five Hundred Dollars ($500.00) for qualified purposes.
B. I give to Hospice of Central Pennsylvania, P.O. Box 266, 98 South
Enola Drive, Enola, PA 17025, the amount of Five Hundred Dollars ($500.00) for
qualified purposes. Hospice of Central PA is atax-exempt organization under
Section 501(c)(3) of the Internal Revenue Code.
C. I give to Tutwiler Clinic, 205 Alma Street, Tutwiler, Mississippi
38963-04628, the amount of Five Hundred Dollars ($500.00) for qualified purposes.
The Tutwiler Clinic is atax-exempt organization under Section 501(c)(3) of the
Internal Revenue Code.
I ~ ' ials
2
D. I give to Service Dogs for America, Great Plains Assistance Dogs
Foundation, Inc., P.O. Box 513, 920 Short Street, Jud, North Dakota 58454, the
amount of Five Hundred Dollars ($500.00) for qualified purposes. Service Dogs for
America, Great Plains Assistance Dogs Foundation, Inc., is atax-exempt
organization under Section 501(c)(3) of the Internal Revenue Code.
ITEM VI: Residue. I give the residue of my estate, not disposed of in the preceding
portions of this Will, in equal shares to my children, Joseph Gordon Daly, III, Maureen C. Kirsch,
and Marleen E. Karns, if they survive me. If my son, Joseph Gordon Daly, III, or my daughter
Maureen C. Kirsch fails to survive me by thirty (30) days, the residue shall be distributed in equal
shares between my surviving children. If my daughter Marleen E. Karns fails to survive me by
thirty (30) days, her share of the residue shall be distributed to her children in equal shares, per
stirpes.
ITEM VII: Survival. Any person who has died within thirty (30) days after my death, or
under such circumstances that the order of our deaths cannot be established by proof, shall be
deemed to have predeceased me. Any person (other than myself) who has died at the same time as
any beneficiary under this Will, or in a common disaster with that beneficiary, or under such
circumstances that the order of deaths cannot be established by proof, shall be deemed to have
predeceased that beneficiary.
ITEM VIII: Executors. I make the following provisions with respect to Executors:
A. I appoint my daughter Marleen E. Karns of Mechanicsburg,
Pennsylvania, to be the Executrix of my Estate. In the event that my daughter is
unable or refuses to serve as Executrix of my estate, I appoint my son, Joseph
Gordon Daly, III, of Winston Salem, North Carolina, to serve as Executor of my
estate.
itials
i
3
ITEM IX: Administrative Powers. In addition to the powers granted at law, the Executor
shall possess the following powers, each of which shall be construed broadly and maybe exercised
without court approval, but in a fiduciary capacity only:
A. To retain any investments I have at my death, including specifically
those consisting of stock of ariy bank even if I have named that bank as the Executor. '
B. To vary investments, to make loans, and to invest in bonds, stocks,
notes, real estate mortgages or other securities or in other property, real or personal,
without being restricted to so-called "legal investments", and without being limited
by any statute or rule of law regarding investments by fiduciaries.
C. The Executor is authorized to divide and distribute personal property
and real property, partly or wholly in kind, and to allocate specific assets among
beneficiaries so long as the total market value of each share is not affected by the
division, distribution or allocation in kind. The Executor is authorized to make, join
in, and consummate partitions of lands, voluntarily or involuntarily, including giving
of mutual deeds, or other obligations, with as wide powers as an individual owner in
fee simple.
D. To sell either at public or private sale real and personal property
severally or in conjunction with other persons, and to consummate sale(s) by deed(s)
or other instrument(s) to the purchaser(s), conveying a fee simple title. No purchaser
shall be obligated to see to the application of the purchase money or to make inquiry
into the validity of any sale(s). The Executor is authorized to execute, acknowledge
and deliver deeds, assignments, options or other writings as necessary or convenient
to any of the power conferred upon the Executor and Trustee.
E. To mortgage real estate, and to make leases of real estate.
11315
4
F. To borrow money from any person, including the Executor, to pay
indebtedness of mine or of my estate, expenses of administration or inheritance,
legacy, estate and other taxes, and to assign and pledge assets of my Will.
G. To pay ali costs, taxes, expenses and charges in connection with the
administration of my estate.
H. To make distributions of income and of principal to the proper
beneficiaries, during the administration of my estate, with or without court order, in
such manner and in such amounts as the Executor deems prudent and appropriate.
I. To vote shares of stock which form a part of my estate and to exercise
all the powers incident to the ownership of stock.
J. To unite with other owners of properly similar to property in my estate
to carry out plans for the reorganization of any company whose securities form a part
of my estate.
K. To disclaim any interest in property which would devolve to me or my
estate by whatever means, including but not limited to the following means: as
beneficiary under a will, as an appointee under the exercise of a power of
appointment, as a person entitled to take by intestacy, as a donee of an inter vivos
transfer, and as a donee under athird-party beneficiary contract.
L. To prepare, execute and file tax returns of any type required by
applicable law, and to make all tax elections authorized by law.
M. To employ custodians of property, investment or business advisors,
accountants and attorneys as the Executor deems appropriate, and to compensate
5
itials
these persons from assets of my estate or trust, without affecting the compensation to
which the Executor is entitled.
N. To allocate administrative expenses to income or to principal, as the
Executor deems appropriate. However, no allocation to income shall be made if the
effect of the allocation is to cause a reduction in the amount of any estate tax
deduction or estate tax charitable deduction.
0. To make any adjustment to basis authorized by law, including, but not
limited to increasing the basis of any property included in my estate, whether or not
passing under this Will, by allocating any amount by which the bases of assets may
be increased. The Executor shall be under no duty and shall not be required to
allocate basis increase exclusively, primarily, or at all to assets which pass as part of
my probate estate as opposed to other property for which a basis adjustment is
allowable. The Executor shall allocate basis increase equitably among those
beneficiaries receiving property as a result of my death, but shall not be liable to any
person, nor subject to removal or surcharge, for any reasonable allocation of basis
increase.
P. To compromise claims.
To do all other acts in his or her judgment necessary or desirable for the proper and
advantageous management, investment and distribution of the estate established under this Will.
IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament,
consisting of this and the preceding five (5) pages this ~~'day of August 2008.
J b ordon Daly, Jr.
6
tials
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
ss:
COUNTY OF CUMBERLAND
We, Joseph Gordon Daly, Jr., ~ ~~~:,~,~ and .Q.~A
Testator and witnesses, respectively, whose names are signed to the attached and foregoing instrument,
being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and
executed the instrument as his last will and that he had signed willingly, and that he executed it as his
free and voluntary act for the purpose therein expressed, and that each of the witnesses, in the presence
and hearing of the Testator; signed the Will as witnesses and that to the best ofhis/her knowledge the
Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue
influence.
Joseph Gordon Daly,
Testator
Witness
Witness
Subscribed and sworn to and acknowledged before me by Josep~ordon Daly, Jr., the
stator and subscribed and sworn to before me by ~~~~,~ri.,Q ~ , ~.~¢,,¢.,.~ and
' ,witnesses, on this ~~day of August 208.
aoTARUU ~u
EItEEN A MEtNENY
NotOry lubNc
YORK CITY. YORK COUMY
My Commissio~ Explns Apr Z0. ZOt t
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