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HomeMy WebLinkAbout04-30-10PETITION FOR PROBATE AND GRANT OF LETTERS Estate of Elaine G. Steinberg also known as COUNTY, PENNSYLVANIA File Number 21 '-~ (.~ ` V s ,Deceased Social Security Number 474-07-5479 Scott Fraser and David Fraser Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE A' or 43' BELOW) ® A. Probate and Grant of Letters„T,r°gtamentary and aver that Petitioner(s) is/are the _ named in the last Will of the Decedent, dated 1212~/b'4CA~~1lA~~t4 and codicil(s) dated _ State relevant circumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born 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: No exceptions. ^ B. Grant of Letters of Administration (Ifappl~cable, enter: c.t.a.; .n.c.t.a.; p ente ite; urante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administration, c. t. a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Name Residence w O s ~ ~ Vt~o ~~ '-+ M ~ ~ Q ~ O U Q Q W ~ ~~ ~~+ ~ ti a ~ (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~ ~ io U Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at ~ ~ ~ 16121fJvndham Rd., Camp Hill, Lower Allen, Cumberland, PA .1701.1 ~ _ (List street address, Town/city, township, county, state, zip code) Decedent, then _~~ years of age, died on 01/12!2010 at Holy Spirit Hospital, E. Pennsboro Township, Cumberland County, PA Decedent at death owned property with estimated values as follows: g 500,000.00 REGISTER OF WILLS OF CUMBERLAND (If domiciled in PA) (If not domiciled in PA) (If nat domiciled in PA) Value of real estate in Pennsylvania All personal property Personal property in Pennsylvania Personal property in County g 195,000.00 situated as follows: 1612 Wyndham Rd., Camp Hill, Lower Allen, Cumberland, PA 17011 Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: 7ti9L wynanam Ka. Camp Hill, PA 17011 Form RW-O2 Rev. 10-?3-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland } SS } The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal repre~aetalia~(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. ~ ) ,~_ Sworn to or affirmed and suoscribed i before me this •~ day of ~_'~ ,~ ~~~ For the Register Scott Fraser David Fraser Signature of Personal Representative File Number: 21 ~ (U -O`~`j~ Estate of Elaine G. Steinberg ,Deceased Social Security Number: 474-07-5479 Date of Death: 01/12/2010 AND NOW, ~ ~ ~~~ , c.)IO , in consideration of the foregoing Petition, satisfactory proof having been presented before me, I S DECREED that Letters Testamentary are hereby granted to Scott Fraser and David Fraser in the above estate and that the instrument(s) dated 12/29/2009 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters .......................................... _ $ ~ /V .t~ ~ Short Certificate(s) ....................... $ - ~) , ~»`~ Renunciation(s) ................. $ -~.~~<~ F-7/~I Il $ ~ fJ C1 (/ (// $ $ $ $ $ $ At1 Supreme Court I.D. No McAndrews Law Offices, P.C. Address: 30 Cassatt Avenue Berwyn, PA 19312 Telephone: 610/648-9300 TOTAL ................................... $ '7 ~~~ ~~%~ Form /~tlt~ ~2 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 Attorney Name: Dennis C. McAndrews ~ I -l v -~~~~`f RENUNCIATION REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Elaine G. Steinberg ,Deceased ~~ Joseph Macri for MST Bank - in my capacitylrelationship as (Print Name) named Corporate Co-Executor of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to David J. Fraser and Scott A. Fraser named Individual Co-Executors ,24 D (Date, Executed in Register's Office Sworn to or affirmed and subscribed before me this day of Deputy for Register of Wills (Signatu Jo ph Macri f ST Bank ~ a ~ -*~ ~ - U~o ~ `~ ~ M ~ C MST Bank ~ O 213 Market St. 0 Q p ~ (Street Address) w r-'4 ;/, J / H i P b ;~ W ~r Wa W ~ ~ °'~ ~ ~ arr urg, s A 17101 ~ , u ~ N ~" ~ (City, Stafe, Lp) C ~t ~ U Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the rer~yr~iation for the purposes stated within on +his~~day of-- ~~~~~-_ .-~~. Notary Public My Commission Expires: {Signature antl seal of N,o~tatry~,po~r~oytphe~r oyf~fipci,a~(l,q~uoa~lifyied to administer oaths Show~+VMrvtVtYYYCHL l l'1'~~"~~YSF~YLVANiA Notarial Seal porxra M. lAngnaker, Nolary PubNc ~Y ~ hlarrisburg. DaupFHn County MY ~ E~ires Oct 27, 2011 Form RW ~s Rev. 1(1-13-2tT06 ~APmbar, Pannwly~varNa Asoc(atbn of Nohriea Copyright (c) 2006 form software only The Lackner Group, Inc ~~~ "/~~C~~`_~~ OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Elaine G. Steinberg ,Deceased Neil E. Hendershot ' a.subscribing witness to (Pant Nameh) the ®Will ~ Codicil(s} presented herewith,.being duly qualified according to law, depose(s) and say(s) that / h t~ was present and saw the above ~~ /Testatrix sign the same and that frh~'he / signed the same and that ~s I'he / signed as a witness at the request of the or! Testatrix in ~is~er presence and in the presence of each other. ( `"`~} Neil E. Hendershot 4334 Valley View Rd. (Street Address) Harrisburg, PA 17112 (Cdy, Stafe, Zip) Id in Register's or affirmed and sa before me day of for Register of Wills COMMONWEALTH OF PENNSYLVANIA NoWriat Seal Dawn T. Hellman, Notary Public Qty of Harrisburg, Dauphin County My Commission Expires Sept. 4, 2013 Member, Pennsylvania A~socletrnn of Notaries Executed out of Register's Office Sworn to or affirmed aqd subscribed before me thi ~-~-- day of ~) 1Q-~r~ ~ , ~ . -7- ) Notary Public My Commission Expires: ~~y/! 3 (Signature and seal of Notary or other official u Irfi to administer oaths. Show date of expiration of Notary's commission j w C~ W W r'~ F, c. a Lwt. Lt, M ~ C U ~~~~~ WWQ,'WT OC7ei~~~ ~° ~~ C U NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. Form RW-03 Rev. f0-!32006 Copyright (cj 2006 fond soNware only The ladcner Croup, Inc. ZI~r~=-~y5~ OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Elaine G. Steinberg ,Deceased Neil E. Hendershot John C. McGowan (each) a subscribing witness to (Print Name/s) the ®Will ^ Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that she / he /they was /were present and saw the above Testator /Testatrix sign the same and that she / he /they signed the same and that she / he /they signed as a witness at the request of the Testator /Testatrix in his /her presence and in the presence of each other. (Signature) Neil E. Hendershot 4334 Valley View Rd. (Street Address) Harrisburg, PA 17112 (City, State. Zip) (Sig at e) John C. McGowan 507 Gale Rd. (Street Address) Camp Hill, PA 17011 (City, State: Zip) Executed in Register's Office Executed out of Register's Office o r ~ -*. Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed ~ ~ o ~ ~ before me this day before me this ~ ~~ day ~ ~ .Mj w O ~ of -, ~ of ~~1~2-C~H 2~~ t c O ~ ~ ~ ~ Q ~ ~ ~ ~r %J 1 t~ 7 I~'~a ~.C~I ~l l~ Qw~ ~ ~ - ~ Deputy for Register of Wills Notary Public ~ ~~~ ~~13 O c7 N ~ ~ ~ O My Commission Expires: U ~ (Signature and seal of Notary or other official qualified to administer oaths. Show dale of expiration of Notary's commission. ) NOTARIAL SEAL Swan B. Broomer, Nohey Pab1le ~ ~ M~ aoma~i®to azpletis FebiRary 19,~ NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. Form RW-03 Rev. f0-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc OCAL REGISTRAR'S CERTIFI~:ATIO~I OF DEATH WARNING: It is illegal to ~~uplicatte this copy ~~>,r photcystat or photograph. P__ 1.5.9348.83 ~rrtifiiatitln \un)hcr 3 REV 11/2DDfi 1 PRIM IN RMANENT ACK INN ~,~~~i ti 7t F °r a ly :`~ L~ l ~CMENT U'~ ~~`~ rr~' "~, f iti'~ i'. lu c~rlj,~i that tl)c infL>rmatian here .liven i~ c I.~c.l~ ctlliiL~l1 trtm) an 1r~i<_xinal Certificate c9f Death !1u v I~iIrL1 Y Ilh .~r ati (~x al Rc r*IStrar. The urt~,*inal 1 flk~alr ~t,i?~ h~ fllr~xar~ed tc1 the State Vital j LL~ tnl~, t 1f1 rr I~r pI~(nru)enl tiling. D`~ ~~N 1 61010 ~~ ~ ~ /------- 1_-L- 1 1r._ul IlL~ ,,1;~Ir Date IssueLl COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See instructions and eltamoles nn reversal u» ~ .~; O ,~ ~, ~, JAM ~~ ~:, w ,.., O ~ Q OOG4~;,;1 j,'ay ~ .r HWWdW.r~ s ~ U ~ W QQN ?:~-+ vr~ O U 1. Name of Decedent (First, midtlle, last, suffix) 2. Sex 3. Soda) Security Number ~ ~~ ~ ~ 4. Date of Death (Month, day, year) Elaine G. Steinberg Female 474 - 07 -- 5479 January 12, 2010 5. Aqe (Last BlMddy) Untler 1 ear Under 1 tla 6. Date of Bldh Month, da , ear 7. BiM ace G aM state or torsi count 8a. Place of Death Check on one 87 Y5 Monms Days Hours AMnalas February 24, 1922 St. Paul, MN Hps Ital. ° corer inpatient ^ ER !Outpatient ^ DOA ^ Nu rsing Home ^ Residence ^ Other ~ Spacity: 80. County of Deam 8c. City, Boro, Twp. of Deam 8d, Facility Name (II not Inslitutan, give street end number) 9. Was Decedent of Hispanic Orgin? ~{] No ^Ves Ig. Race. American Indian, Black, White, etc. Cumberland E. Pennsboro Twp. Holy Spirit Hospital (N yes,apedyc°m", Ispa°;>» Mexican. Pueno Rican, elc.l whit e 11. Decedents Usual Occu lion Kind of work clone dun most of workin life. Do rat state retired 12. Was Decedent ever in the 13. Decedent's Education (Speciry onry highest grede completed) 14. Menial Status: Marred, Never Marred, 15. Surviving SPOUSe (II wile, give maitlen name) KiM of Work Kintl of Business/Indust ry U.S. Armatl Forces? Widowed, Divorced (Spsdry) Elementary I Secondary (0.12) College (1~4 or 5.) Office Administrato Life Insurance ^Vea ®Np 12 Widowed 1 fi. Decedent's Maikng Address (Street, city I town, state, zip code) Decedents Did Decedent Pennsylvania 1612 Wyndham Road Actual Residence 179. Slate Live ina 17c. ~ Ves, Decedent Lived In LOWer Allen Twp Cam Hill PA 17011 Cumberland T°wnshlP? nd.CINp,Decedemuye rib. c°°nry dwanin , Aduauimits of CirylBOm 78. Father's Name (FrsC midUle, last, suffix) 19. Mother's Name (First, middle, maitlen surname) Frank W. Gallinagh Mabel Young 20a. Informant's Name (Type I Print) 2W. Inlonnant's Mailing Address (Street, crty 1 sown, slate, zip case) Paul 0. Steinber 1612 W ndham Road, Cam Hill, PA 17011 21 a. Method of Disposition ^ Cremation ^ Donation 21 b. Date of Disposaion (Month, day, year) 21 c. Place of Disposition (Name of cemetery, crematory or other place) 21 d. Locatior (Ciryltown stale zip erode) © Burial ^ Removal from slate t WesCrematbnorponetlonAUthorized ^ Other ~ S ' by Medlcel Examiner/Coroner? ^Yes^ No Januar 16 2010 y f rolling Green Cemetery . , Lower Allen Twp. , PA 17011 22a. SignaturPy 1 re Seri Licensee (or person ailing as such) 22b. License Number 22c. Name and Address of Fadliry FD 012 848 L Parthemore FH & CS, Inc., P.O. Box 431, New Cumberland, PA 17070 Complete -c onry when ceni 'rig 23a. To Me bas of m knowledge, death occur al a lime, date and place stated, (Signature and titre) 230 license Numbgr 23c. Date Signed (MOnM day year) physidan Is not availahle at lime of death to certify cause of death. ~~...~~ /~ y [~"~i ~/ y -7 ? , , / J~l,'2'1//~'GI-~ ~ S~ Ze' f 6 Items 2d-Z6 must be cempleletl by person • 24. Time of Death 25. Date Prono u nced Dead (Month, day, year) 26. Was Case Ralerred~t° ~etlical Examiner !Coroner for a Reason Other than Cremation or Donation? vino Pronounces tleatn. 'r ~ ,~ ~3 ~ M. / t ;~/r /U iJ ,~ r ~ ~ t c~ ('J ~ ~,' ^Yes ~ No CAUSE OF DEATH (See Instructions and examples) r Approximate intanal. Ilam 27 Pan t. Enter the chain of evems - tliseases, inrynes, or complications -Thal directry caused the death. DO NOT enter lenninal events such as cardiac arrest, Onset to Death Pan IC Enter other Slgpjljg@nt conditions conlr b but not resulting In the underlying cause u(np t° death given in Pad I 26 D~ Tobacco Use Contribute to Death? ^ ^ respiratory arrest, or ventricular fibrillation without showing the etiology List only one cause on each line. IMMEDIATE CAUSE (Picot disease or /~ / r - . Ves Probably ^ No ^ Unknown l q _ ~ coMihon resularg in death) /~~'27 ,/ Z G ~ L/ L~ ~ ~~~~~~ ~~ ~~; ~ ~ t ~7/( ~~T~ ( 29. II Female' ,. ~ a . ^ Due to e( as a onsequen _04_ i ~ ~ Nat pregnant wdhin pass year rry~ Se~qurenhally list mndihons, 4 any, b ~ /,~'~ ~~7 [.~ L ~ C ~' [r / / v 1 i (.'J,~!~~ leadi gg tp the cause listed on line a ^ Pregnant al time of death Enter the UNDERLYING CAUSE Due to as a ofsequence o¶. (disease a injury foal initiated the c ~~~ ~J S i ~y,,I ^ Not pregnant, but pregnant within 42 days o1 death events resulting m death) LAST. ^ Due to (or as a consequence oQ: Not pregnant, but pregnant d3 days to I year d 0elore death ^ Unknown it pregnant within the past year 3tla. Was an ANOpsy Pedormed7 30b. Were Autopsy Findings Available Pray Io Completron 31. Manner of DI!alh ~ 32a. Date of Injury (Monet, day, year) 32b, Describe How Injury Oaurcetl 32c. Place I Injury. Home, Farm, Street, Factory. / al Cause of Deamn l y~ NaNral ^ HomiGtle / Office 8uiltling, etc. lSpecity) rte{ ^ Ye5 TJ NO ^ Yes ^ No ^ Accident ^ Pending Invesllgation 32d. Time of Injury 32e. Injury al Work? 321. If Transportelbn Injury (Specityj 32g. Location of injury (Street, city I town, slate) ^ Suicide ^ Coultl Not be Determinetl ^ Vas ^ No ^ Driver/Operator ^ Passenger ~ Pedestrian M ^ corer ~ speciry. 33a. Cedifier (check only one) 33b. Signature Titls~dl Cenifier / ' • Cedifyfng physician (Physician enirying cause of death when anomer physician has pronounced death and completed Item 23) l // .(//~ ~- ~ ~ ~ To the best of m krtowled death aeuned tlue Io the ceu Y 9a, se(s)and manner as stated_________________________________ ^ _ i • Pronouncing and nrtitying phyakian (Physician both pronouncing death and cenifying to rouse pf death) To the beat of my knowledge deaM orxurred at the time date and place and due to the eux(s) end manner a at d ^ 33c. Licen s^e Number C' ' ` ~ '~ 33d. Date Signed (Month, tlay, year) , , , , s s e _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ • Medical ExaminerlCoroner ~ r ( , ~ j /" vv~ ~ O ~',nti` N.~.~~i ~,--. ,~t.r~ ~1 '- On the basin 01 examination and / or Investlgetlon, in my opinion, death oaurrod el tM time, date, and plan, eM tlue to the ease(s) and manner as stated_ ^ 34. Nays Intl Ad~tlress o>f Perso,nA W ho Completed Cau of Deat h (Item 27 Type i Print Registrar's Slgpel4r antl District r ~ ~ ~ ~ I I ~I I 36, Date Filed (Month, day, year) t Disposition Pertnil No. ~1'1 ~) ~'~3 / L~ s ~a ~~ w u'jMU.~Ov C00.;~~~ WW~W~-r Q '/F''' ~Ci U x m(~ O ~ N ~ Cy w ~C x .~ LAST WILL AND TESTAMENT OF ELAINE G. STEINBERG Prepared by: Neil E. Hendershot, Esquire TUCKER ARENSBERG, P.C. 111 North Front Street P.O. Box 889 HarrisUurg, PA 17108 LAST WILL AND TESTAMENT OF ELAINE G. STEINBERG I, ELAINE G. STEINBERG, of Cumberland County, Pennsylvania, declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils at any time heretofore made by me. FIRST: Tangible Personal Property. A. Distribution. I direct that specified items of my tangible personal property be distributed in accordance with the provisions of a signed letter of instruction or memorandum which will be found with my copy of this Will or with my other valuable papers. I give the balance of such tangible personal property, or all of such property in the event the signed letter of instruction or memorandum is not found, to my son, PAUL O. STEINBERG (my "Son"), if he survives me by thirty (30) days. If he does not survive me, then I give such property in equal shares to my nephews, namely, DAVID J. ERASER, SCOTT A. ERASER, and TIMOTHY P. ERASER, who shall survive me by thirty (30) days, to be distributed among them as they may agree, or in the absence of such agreement as my executor shall determine, in my executor's sole discretion, making such distribution in as nearly equal shares as practicable. If no writing is found and properly identified by my executor within thirty (30) days after my executor's qualification, it shall be presumed that no such writing exists, and any subsequently discovered writing shall be ignored. B. Expenses of Storage and Shipment. The expenses of storing, packing, shipping, insuring, and delivering any such property to a beneficiary entitled thereto shall be paid by my executor as an administrative expense of my estate. In addition, to the extent practicable in my executor's sole discretion, I give any policies of insurance on such property to the beneficiary entitled to such property. SECOND: Residue if Son Survives. If my Son, PAUL O. STEINBERG, survives me by thirty (30) days, then I give the residue of my estate to M&T Bank, or its successors in interest (my "Corporate Co-Trustee") and to my nephews, , DAVID J. ERASER and SCOTT A. ERASER (my "Individual Co-Trustees"), who shall act collectively as my "Trustee," IN TRUST, NEVERTHELESS, to be held in a Trust for the benefit of my Son, PAUL O. STEINBERG, during his lifetime, upon the following terms and conditions: A. Payment of Income and Principal. My Trustee shall pay to or for the benefit of my Son so much of the net income and principal of The Trust as my Trustee, in the discretion of such Trustee, may deem advisable for the health, maintenance, support and welfare of my Son, taking into consideration his other available assets or sources of income, from time to time, as set forth below. My Trustee may make a distribution from the Trust for the purchase of a home for my Son if that would be in his best interests for a stable living arrangement. B. Standards for Discretionary Distributions. I direct my Trustee that in exercising discretion in paying income or principal to or for the benefit of my Son, it is my intention that in addition to and notwithstanding any other applicable considerations of my Trustee, Any such payment of principal shall supplement, rather than supplant, other resources available to my Son, from whatever source, and shall provide for basic support only to the extent such other resources shall prove inadequate or be discontinued. 2. My Trustee shall consider funds available to such person from all sources and the tax effects of distributions to such person from each of those Page 3 sources. My Trustee may decide to make, or not to make, a permissible distribution from the Trust hereunder on the basis of Trustee's determination, in Trustee's absolute discretion, that more favorable tax effects would result if such distribution were made from one fund rather than another. In making a determination hereunder, Trustee shall consider all exclusions and exemptions under the Internal Revenue Code. C. Retention of Home. If my Son desires to remain in my residence after my death, and if my residence becomes a part of the residue of my estate, then my Trustee may retain my residence as a home for my Son if that would be in his best interests for a stable living arrangement, so long as its proper maintenance is not compromised by his living there. THIRD: Residue If Son Does Not Survive. If my Son does not so survive me, or, when the Trust created above for the benefit of my Son terminates upon his death, then the residue of my estate, or the remainder of the Trust, as appropriate, shall be distributed in equal shares, to my nephews, namely, DAVID J. ERASER, SCOTT A. ERASER, and TIMOTHY P. ERASER, who shall survive me by thirty (30) days, with substitution, per stirpes for any nephew who does not so survive me. It such a nephew who does not so survive me shall have died without issue, then that nephew's share shall lapse. FOURTH: Ultimate Distribution. If at the time for distribution none of the persons named or described above is living to take all or any part of the principal of my estate or any trust created hereunder, then my executor or trustee, as the case may be, shall pay and distribute one-half (1/2) of such remaining principal to my intestate heirs, and one-half (1/2) of such principal to the intestate heirs of my late spouse, both as determined at the time of distribution in accordance with the laws of the Commonwealth of Pennsylvania, as though each of us had died at that time, the owners of one-half (1/2) hereof, unmarried, intestate, and domiciled in that Commonwealth. Page 4 FIFTH: Administrative Provisions. The following provisions shall be applicable to my estate and the trusts created hereunder: A. Spendthrift Protection. 1. Assignment Prohibited. While in the hands of my executor or trustee and until actually paid over or delivered to the persons entitled thereto, all legacies, shares, or interests in my estate or any trust created hereunder, whether income or principal, shall not be subject to assignment, pledge, execution, attachment, or the claims of creditors. 2. Exception for Certain Actions. The provisions of subparagraph A.1 above shall not preclude: (i) a personal exercise or release by a beneficiary of a right of withdrawal or power of appointment granted hereunder, if any; (ii) a disclaimer by a beneficiary, in whole or in part, of any interest in income or principal hereunder; or (iii) a setoff against such interest of any indebtedness of the beneficiary to me, my estate, or any trust created herein. B. Accrued or Undistributed Income. Upon the death of any income beneficiary, any accrued or undistributed income shall be paid to the person or persons for whom the principal is continued in trust or to whom it is distributed under the terms hereof. C. Establishment or Termination of Small Trusts. If the principal of any trust created hereunder is or becomes too small in the discretion of my trustee to make the establishment or the continuance of the trust advisable, then my executor or my trustee may distribute the remaining principal and any accrued or undistributed income outright to the then- current income beneficiary of the trust or to the person who would be the current income beneficiary of the trust if it were established, as the case may be, or if there is more than one such beneficiary, then to such beneficiaries in the proportions to which they are or would be entitled to receive the income. The receipt and release of such income beneficiary or Page 5 beneficiaries will terminate absolutely the rights of all persons who might otherwise have a future interest in the trust, whether vested or contingent, without notice to them and without the necessity of filing an account to the court. D. Beneficially Interested Fiduciary. Regardless of any contrary provision contained herein or any discretion granted by law, no trustee or other fiduciary (hereafter "fiduciary" or "fiduciaries") acting hereunder shall have or enjoy any power or authority in that capacity which may be deemed under the provisions of Sections 2041 or 2514 of the Internal Revenue Code of 1986, as amended (the "Code"), to be a general power of appointment held by the fiduciary (the "Power" or "Powers"). In any such case, such Power or Powers shall be vested exclusively in the other fiduciary or fiduciaries, if any, then acting hereunder and not also thus similarly disqualified. If all of the current fiduciaries are similarly disqualified, then such Power or Powers shall be vested exclusively in the next succeeding fiduciary or fiduciaries hereinafter designated or provided for who are not also disqualified. In the absence thereof, such Power or Powers shall be vested exclusively in any Special Trustee appointed by the court for that specific limited purpose. E. Written Notices. Until written notice of any event upon which a right to receive income or principal may depend is received by my trustee, my trustee shall incur no liability to persons whose interests have been affected by such event for distributions made by my trustee in good faith. F. Incapacitated Persons. If, in the opinion of my fiduciaries, any beneficiary of my residuary estate, or of any trust estate created hereunder, is physically or mentally incapable of handling his or her financial affairs (which shall be referred to in this paragraph as "incapacity"), then such beneficiary's share of my residuary estate or trust estate, as the case may be, shall be retained by my personal representative as trustee (or by my Page 6 trustee in continuing trust, as the case may be), in trust for such beneficiary until such incapacity is terminated. Until the termination of incapacity, my trustee shall accumulate the net income or apply so much of the income and principal as my trustee, in the absolute discretion of such trustee, may deem advisable for the health, comfort, care, maintenance, support and education of such beneficiary and his or her children, in any one or combination of the following ways: (i) by paying the same to the beneficiary; (ii) by paying the same to a person or organization caring for such beneficiary; (iii) by paying bills incurred by such beneficiary; (iv) by paying the same to the beneficiary's guardian; or (v) by expending the same directly for the benefit of the beneficiary. Except under clause (v), my trustee shall be under no obligation to see to the proper application of the funds so paid. Upon the termination of incapacity, as determined by my fiduciaries or by such beneficiary in the manner set forth below, my trustee shall distribute such share to the beneficiary free of trust. If the beneficiary dies prior to the distribution of his or her share, then my trustee shall distribute such beneficiary's share to the personal representative of such beneficiary. Any beneficiary may at any time refute my fiduciaries' determination as to his or her incapacity by presenting to my fiduciaries a certificate executed by two licensed physicians, which certificate states that such beneficiary is physically and mentally capable of handling such beneficiary's financial affairs. Upon presentation of such a certificate, my personal representative or trustee, as the case may be, shall immediately distribute to such beneficiary, outright and free of trust, all amounts held and accumulated by such fiduciary under this paragraph. SIXTH: Powers of Fiduciaries. In addition to the powers conferred by law, my executor with respect to my estate, and my trustee, with respect to any trust created hereunder, Page 7 shall have the following powers, to be exercised in their absolute discretion, in the capacity to which such powers may be applicable: A. General Powers. 1. To retain for distribution in kind, without duty of diversification, all property owned by me at my death or received in trust (including but not limited to stock in the parent or any affiliate of any corporate fiduciary or its successors); 2. To invest in all forms of property, without restriction to so- called "authorized" or "legal" investments and without regard to diversification including, but not limited to: (i) common trust funds maintained by any corporate fiduciary or its bank affiliates; (ii) securities underwritten by any corporate fiduciary or any of its affiliates, whether individually or as a member of a divided or undivided syndicate; (iii) participation in registered investment companies (including money-market funds) for which any corporate fiduciary, any affiliate, or any subsidiary of an affiliate provides services for compensation, whether as custodian, transfer agent, investment advisor or otherwise; and (iv) interest-bearing deposits in a bank or other financial institution under state or federal supervision, including any corporate fiduciary's banking department; 3. To exercise all rights of security holders; 4. To delegate discretionary powers; to employ investment counsel, custodians of trust property, brokers, agents, accountants, and attorneys and to act without independent investigation upon their recommendations; 5. To deposit securities in a clearing corporation or carry the same in the name of a nominee or in book entry form; 6. To maintain, repair, alter, improve, partition, subdivide, dedicate, and otherwise manage ordeal with real estate; 7. To sell, exchange, lease for any period of time, or mortgage any real or personal property, and to grant options for the sale, exchange, or lease of the same; 8. To borrow money from any source, including any affiliate of any corporate fiduciary, and to pledge or encumber any property of the estate or any trusts created herein as security therefor, without liability on the part of the lender to see to the application of such funds; 9. To compromise claims in favor of or against the estate or trusts without court approval; Page 8 10. To exercise options to subscribe to or purchase securities; 11. To join in, consent to, or oppose any voting trust and any plan of lease, mortgage, merger, consolidation, reorganization, recapitalization, liquidation, foreclosure, or other readjustment of the financial structure of any firm or corporation in which the estate or trusts may have an interest; 12. To purchase from my estate and that of my spouse any assets thereof and to make loans thereto to provide liquidity; 13. To retain items of tangible personal property indefinitely without necessity of conversion, permit use of the same by any income beneficiary, and distribute or apply the same pursuant to either the discretionary or mandatory principal distribution provisions of the trust in which the same are retained; 14. To apply all or any part of the income of any trust created herein for the payment in whole or in part of the cost of maintenance, repair, or improvement of any real estate held therein and the taxes, insurance premiums, or other costs and charges due with respect to the same; 15. To decline to accept, disclaim, release, renounce, or abandon any interest in property and any power without court approval; 16. To make distributions in cash or in kind at current values, in undivided interests or non-pro rata shares; 17. To nominate themselves or another as Custodian under a Uniform Gifts or Transfers to Minors' Act and make transfers of a beneficiary's interest in all or part of the estate or trust to such Custodian to be held for the benefit of such beneficiary; 18. To purchase and sell securities through any broker or brokerage firm they may select, including any brokerage operation affiliated with or conducted by the parent or any affiliate of any corporate fiduciary or its successors or any of their subsidiaries (and the payment of the usual commissions charged by such an affiliated brokerage operation shall in no way reduce or otherwise affect any corporate fiduciary's compensation as hereinafter provided for). B. Elections. To make elections under the tax laws and to select property, without regard to income tax basis, to be sold to satisfy obligations of my estate or trust estate or to be allocated in kind to any beneficiary, including any trust, and to elect to Page 9 receive the proceeds of any qualified employee benefit trust or individual retirement account payable to my trustee as a lump sum distribution, an annuity, or any other available form of payment, without reimbursement or equitable adjustment in the relative interests of the beneficiaries affected thereby and without liability therefor. Such actions shall be binding and conclusive on all persons. C. Collection of Proceeds of Life Insurance Policies. To collect the proceeds of any life insurance policies payable to my trustee hereunder from the issuing companies, who shall have no responsibility to see to the application thereof; to bring actions to enforce payment of any policy if the funds held hereunder by my trustee are sufficient to indemnify my trustee against all costs, attorney fees, and other expenses of suit to the satisfaction of my trustee. D. Allocation of Capital Gains. Funds distributed in a discretionary application of principal or in response to an exercise of a right of withdrawal hereunder, if any, shall neither be deemed to nor actually include capital gains realized during the current tax year, except to the extent that, in the exercise of their absolute discretion, my executor or trustee may deem it advisable to elect to allocate all or a part of such gains thereto. E. Reliance on Direction of One Fiduciary. If any estate or trust assets are held in an account with a brokerage or investment banking firm and there are cofiduciaries serving hereunder, the broker or investment banker is authorized to execute purchases, sales, or other transactions upon the instruction of any one of the cofiduciaries without liability or duty to inquire into the regularity or propriety thereof. F. Allocation of Distributions Received from IRAs. If any trust created hereunder is the beneficiary of any individual retirement account or qualified plan benefit of any type (hereafter referred to generically as an "IRA"), initially all of such IRA shall be allocated to and treated as principal of such trust for trust accounting and distribution Page 10 purposes. The trustee shall allocate to trust accounting income such portion of each annual installment payment from the IRA (or if distributions are received more frequently than annually, then such portion of all distributions during such annual period) as is equal to the income earned by the IRA for such annual period. The trustee shall allocate other distributions from the IRA to trust principal. The trustee shall charge against the principal of the trust all of the trust's expenses normally chargeable to principal under the governing law, including any income taxes owing on any distribution of principal from the IRA. G. IRA Powers. Notwithstanding any contrary provisions contained herein, my trustee shall have the right at any time and from time to time to withdraw all or any part of the remaining balance of any individual retirement account or qualified plan benefit of any type (hereafter referred to generically as an "IRA") which is payable to my trustee hereunder, or to designate a beneficiary of any trust created hereunder to receive any remaining payments directly and to have the right to withdraw at any time all or any part of the balance of such IRA. My trustee may divide any such IRA into separate shares for each of the beneficiaries of any trust created hereunder and, from time to time, initiate nontaxable transfers of any IRA, or any separate share, from one custodian to another. H. Additional Permitted Expenditures for Minors. In addition to the foregoing, my trustee may distribute to or for the benefit of the guardian or guardians of any minor child of mine, so much of the income and principal of any trust as my trustee, in the discretion of such trustee, may deem advisable to assist such guardian or guardians with any need or expenditure that such guardian or guardians may incur resulting from their custody of my minor child or children during any period of time when they are serving as such guardians and any such minor child is living with them. By way of example but not limitation, the trustee may provide such financial assistance as my trustee, in the discretion of such trustee, may deem necessary to assist Page 11 the guardian or guardians with the purchase of a larger home or car, if necessary, in order to maintain but not increase the guardian's standard of living. SEVENTH: Residue Pays Tax. Except as otherwise provided in this Article, I direct that all estate, inheritance, and other taxes in the nature thereof, together with any interest and penalties thereon, becoming payable because of my death with respect to the property constituting my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid from the principal of my residuary estate, and no person receiving or having a beneficial interest in any such property, whether under this Will or otherwise, shall, at any time, be required to contribute to or refund any part thereof. EIGHTH: Executor. I appoint M&T Bank, or its successors in interest (my "Corporate Co-Executor") and my nephews, DAVID J. ERASER and SCOTT A. ERASER (my "Individual Co-Executors"), who shall act collectively as my "Executor," of this Will. If either of my Individual co-Executors is unable or unwilling to so service, then I appoint my nephew, TIMOTHY P. ERASER, to so serve as a substituted Individual Co-Executor. NINTH: Resignation and Successor Trustee. A. Resignation of Corporate Trustee. Any corporate trustee, whether or not appointed herein, may resign as trustee of any trust created under this Will by petitioning a court of competent jurisdiction for the appointment of a successor trustee, such resignation to be effective upon the appointment of a successor trustee by the court and the transfer of the assets to such successor trustee. B. Power to Appoint Successor. If at any time there is no person or corporate fiduciary named or appointed who or which is able, willing, and qualified to serve as a successor to the last remaining individual trustee then serving hereunder, whether or not Page 12 named herein, the individual trustee may appoint in writing his or her successor. Any such appointment may be revoked or changed prior to its becoming effective.. C. No Duty to Review. No individual trustee appointed hereunder or by the court shall be under any duty to review, audit, or question the actions or accounts of his or her predecessor. D. Removal of trustee; Change of Situs. So long as a majority of the beneficiaries of any trust created hereunder are competent adults, then the competent adult beneficiaries of any trust created hereunder shall have the power and authority to: (a) revoke the appointment of any then-acting trustee and appoint a corporate successor trustee, and/or (b) change the situs of any trust created herein to any domestic or foreign jurisdiction. The aforesaid power may be exercised by a majority of such beneficiaries, if there are more than one, by a writing signed by such beneficiaries and delivered to the then-acting trustee. Any change of trustee or situs shall be accomplished upon receipt by the then-acting trustee of such writing and, in the case of a change of trustee, the agreement by the selected trustee to assume the trust; PROVIDED, however, that any trustee then serving may file an accounting of such trustee's activities and withhold transfer pending a court audit of such accounting. This authority vested in such beneficiaries shall be absolute, shall be exercisable as often as such beneficiaries choose, and shall not require court approval. TENTH: Fiduciary Compensation and Bond. A. Compensation Permitted. Any individual executor or trustee serving hereunder shall be entitled to compensation which may be commensurate with his or her services to my estate or to any trust created hereunder. Any corporate executor or trustee serving hereunder shall be entitled to compensation for its services hereunder in accordance with its schedule of charges in effect from time to time during the period in which its services are performed. Page 13 B. Bond not Required. Under no circumstances shall any executor or trustee appointed hereunder be required to post bond in any jurisdiction. ELEVENTH: Miscellaneous. A. Headings. The bold headings used throughout this Will are for convenience only. I do not intend such headings to be used in the construction and interpretation of this Will. B. Number and Gender. Except where the context clearly indicates otherwise, all references to the singular shall include the plural and vice-versa (including but not limited to the term "trustee") and masculine pronouns shall include the feminine and vice-versa. WITNESS my hand this /'~••Z/~s •day of December, 2009. (SEAL) ELAINE G. STEINBERG Signed, sealed, published, and declared by the above named testatrix, ELAINE G. STEINBERG, as the testatrix' last Will in the presence of us who at the testatrrix' request, in the testatrix' presence and in the presence of each other have hereunto subscribed our names as witnesses. ~ ~_ Name e ~"~ ~~-'- Sam 6~1z- ~ ~'o,~,~ me G,g.r..t P ,l~, ~.: ~ ~,a l 7 0 ~/ Address Page 14