HomeMy WebLinkAbout05-14-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF Cumberland
Estate of James M. Orlowsky
also known as
Deceased
COUNTY, PENNSYLVANIA
File Number ,~1 -' ~ `~ ~~~
e
S
Social Security Number 383-40-036
Petitioner(s). who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:J
~~ / A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Beneficiaries./Daughters named in the
~~ last Will of the Decedent dated Janusry 18 1988 and codicil(s) dated N/A
The Decedent's sisters and brother who are named in the Will as Executrices and Executor, and have filed renunciations in favor of the petitioners
(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
~f-o~r probate, was not the victim of a killing and was never adjudicated an incapacitated person: N/A
~ B. Grant of Letters of Administration C ~ ~ ~ 4
(/f applicable, enter: c.t.a.; d. b. n. c.t.a.; pendente life; durante 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: (/f
Administration, c. t. a. or d. b. n. c. t. a., enter date of Will in Section A above and complete list ofheirs.J
'r+-t
Name
L£~
C~~>c,~;
Relationship Residen
!t z_ •1 K.Z~ i_1~.. ~ ~_
Lt ~L iC `~ Z d t 1 A/~t' d. For : ~R-
(COMPLETE /N ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal
ccxuo~rcro.., rs n,r:a,tto,,,..'r..,., r...r...so n.,.......s,,,..,:., s~ns~
(List street address. trnvrr'city. toN nship, county. state. _ip code)
Decedent, then 68 years of age, died on April 18, 2010
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property
(If'not domiciled in PA) Personal property in Pennsylvania
(lfnot domiciled in PA) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
1~.~„~c t 7G -
~' ~ ~~~~ i
N
`=
C7 '
~~
~
o ~ ;
ree at -s i=r . _y
-~ 3~ ~ ,
._ . ';7
=y. r- _ ~
_ r
'
~ , --,
'-
~ ~
~~
$ n--t ~,000.00~~
$ 325,000.00
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:
Jaime Lee 1124 Keokuk Terrace NE Leesburg, VA 20176-6665
~~~/,~ ~~, ~~,^ I Shaine Capone 8201 Sandpoint Blvd Orlando, FL 32819-7252
Form RW-02 rev. l0. I3.06
at Carlisle, PA
Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF Cumberland ,
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are trhe Ind correct to the best of
the knowledge and belief of Petitioner(s) and that, as personal representative(s) ofthe Decedent, Petitioner(s) whll well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
~ Si re of Personal Re resentative
before me the ~
~ day of ~ , r-a
e~
Signs a ojPersonal senrattve = rsi r" ~
a
.-.c
c`~ ~i
Sigrwtttre of Personal Representative ~?
CriT ~ -~ ~~
`
, C_,r
`'i C
~
S ,
~
j
"
i
r~
t-
File Number: G~~ - /f7 'OJrO3 ~,
Q
~~~
Estate of James M. Orlowsky Dedea$ e~i
Social Security Number: 383-40-0)!36
V S
Date of Death: April 18, 2010
AND NOW, ~ ZOIO , in consideration of the foregoing Pe~iti pr~, satisfactory proof
having been presented before m , IT S DEC ~D that Letters Testamentary. _- ~~
are hereby granted to Jamie Lee and Shaine Capone
in the above estate
and that the instrument(s) dated January 18, 1988
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decide t~i
FEES
Letters ............... $ ~`'
Short Certificate(s) ........ $ .~~
Renµnciation(s) .......... $ LS. 0 ~
~e~~ ... $ rs. an
... $ .~ Oo
.. $
... $
... $
... $
... $
TOTAL .............. $ D
For-rl'RW-02 rev. 10.13.06
' Register of Wills ~I ~I !! (~
Attorney Signature: ZM-~~ ' ~," ~ "''
- v
Attorney Name: Jacqueline M. Vemey_',Es~u+re
Supreme Court LD. No.: 23167 ' '+
Address: 44 S. Hanover Street
Carlisle, PA 17013 ~'
Telephone:
rage L or L
RENUNCIATION
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
c~
r--
Estate of JAMES MARTIN ORLOWSKY
~` ~ m
:~°viT
"'i .;~;~
~ _
~. ~-
--~ _-
~ _ E
~~#_`
rv -'"' c;
I '"r i~oMAS ~". ORLOI~VSK'`{ _, in my capacity/relationship as
(Print Name)
PERSONAL REPRESENTATIVE /SIBLING of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
JAIME LEE OR SHAINE KATHRYN CAPONS
~AP~~L- 29 a ~1O
(Date)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of ,
Deputy for Register of Wills
Form RW-06 rev. 10.13.06
~^
(Signature)
578# ~A'~'t'L~RSoN
(Street Address)
TRoY , M ~ ~08~
(C.ity, State, Zip)
Executed out of Register's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
purposes stated within on this .a-t~~-i- day
of 4 ~ ~~ ~~..'~ ~ ~ ~
Notary Public 1-_>/, f~~~'
My Commission Expires: ~~ ~ ~a ~ ~
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
ANN ~. F+ARAf~t~tl~r~
l`doA~rV PUbIIC, Stay? (;' ti!liChlg2~tt
~~unty ~f l..ap~c~a _
fViy C~r~~s r ~ ~~tn l~><ni/r*3~ ~+, : ?~, 2012
f`aCtir~z~ rr~, v~, ~ r ~ iX-l~ t r~.
I~~T~IA'~It~N
REGISTER 4F WILLS
CUMBERLAND
CQUNTY, PENNSYLVANIt~? ='
: ;
_
~°
~ _
.
l'
J ~ ~
.. ~ ~,
t
;... ~_m ,,.T,,
_:. _ .;..
~.._.., r , 1
_.
,
~~ ~ C. ! ]~' i i
r~ ~ ~ .._.. f'~
Estate of JAMES MARTIN OItLC~WSKY ~~' ~, `~`
I, /rf~NCy m ~yE,~s
in my capacity/relationship as
(d'rmt ,bt~ej
PERSONAL REPRESENTATIVE I SIBLING of the above Dacesdent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
JAIME LEE OR SHANE KATHRYN CAPC)NE
~~ ~dlv
m. ate>
~xeciirlaG~ !ll R~istetr'S C8
Sworn to or affirmed and subscribed
t~efore me this c~.y
of
Deputy for Register of Wills
Forst RW-Ob rev. 10.13.1J6
~u~i, yv~ `~~o
.517A~Eli2~befh ,C/Mn,
(.Street Aca'dressJ
~~~~ ~~~ ~
~clty, .state, ~J
Earec~k~t orapt of R~r's (~`t~e
Before the undersigned personally appeared the
party executing this renunciation and c~tifed
that he or she executed the renunciation for the
purposes stated within om this 7 day
Of ~ lam-.. ~,n/n
~.1
Notary 1'c
My Comrnissio~e Expires: t~ ~ ~ ~ ~Zo 1 ~
(Signature and Seai of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
KELLY J MULLALY
Notary Public, State of Michigan
County of Macomb
My Commission Expires, Nov. 25, 2015
Acting in the County of
RENUNCIATI®N
REGISTER OF WILLS
CUMBERLAND COUNTY, :PENNSYLVANIA
Estate of JAMES MARTIN ORLOWSKY
I, C A/t'GG. E -S,~f L ~ S
(Print :Name)
PERSONAL REPRESENTATIVE /SIBLING
Deceased
in my capacity/relationship as
of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
JAIME LEE OR SHRINE KATHRYN CAPONS
J - 7 - ~O
(Date)
(Signature)
~L.
~' ~ N
u~ -- OD ~ .
i w ~~- O ::
~ ~~~~,
J~L":
f 9- ~
~ ~t~~,`
Execd~eaCin 1~gister s~~ce
Sworn to or affirmed and subscribed
before me this day
of
Deputy for Register of Wills
(Street Address)
~~~z~ y i' w ~ ~.L ~~~ ~~
(City, State, ?.ip)
Executed out of Register's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
purposes stated within on this ~_ day
of ~~iC~-.•
~-
Notary Public
My Commission Expires: l ~ - ~) • Z G i ~
(Signature and Seal of No6~ry or other official qualired to
administer oaths. Show date of expiration of Notary's Commission.)
KILLI
~11bt8tfy PUbtlt;, ° ~C ,
Form RW-06 rev. 10.13.06 Aetiri~~ ar, sq~„ , "" ; "~'1
OATH OF NON-SUBSCRIBING WITNESS(ES)
Cumberland
REGISTER OF WILLS
COUNTY, PENNSYLVANIA
Estate of James M. Orlowsky ,Deceased
Jaime Lee
and Shaine Capone
(each) being duly qualified according to law, depose(s) and say(s) that she / he /they was /were well-
acquainted with James M. Orlowsky and am/are familiar
with the handwriting and signature of the decedent, and that the signature of James M. Orlowsky
to the foregoing instrument purporting to be the Last Will and Testament/Codicil of
James M. Orlowsky is in his/her own proper handwriting.
(Sig reJ
1 2 Keokuk Terrace NE
(S e t Address)
Leesburg, VA 20176-6665
(city. state. 7.ip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of
Deputy for Register of Wills
(Signature
8201 Sandpoint B vd
(Street Address)
Orlando, FL 32819-7252
(Crty, State, ZrpJ
ca ~
G ~ o _ z:;:
'+>~ ~
_,
r
~
„
/ ~n ~~ '.
'
r..-, ~, ,, . n s
~
,
~,,_
~
}
~. ~ ;_~~~
0 -,
Form RW-04 rer. 10.13.06
his is to certify that this is a true copy of the record which is on file in the Pennsylvania Department of Health, in accordance with
the Vital Statistics Law of 1)53, as amended.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
oil
N
.
i
~ r.. F--
i._ __ M Vic:
-_ -- ~ a ~,,
. _ : C~
C,: ~~
~'_ cry .~
t'-
_ cG -~
~ ~
Y`
r
Q C
`~~5~37
._ a
o.
__ ~,
Linda A. Canigoolia
State Registrar
MAY 14 2010
Date
~~+3
H105143 REV 118006 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
TYPE I PAINF IN
PBER~MANNNF CORRECTED ITEM(S) :3 CERTIFICATE OF DEATH
PER: FD DATE: 5-14-2010 bas (See instructions and exarnDles on revnrcnY
0
w
a
z
0
w
w
0
0
a
z
~~~~~~
- oink nit rv~motrt
1. Name d Decedent (First, middle, last wlfa) 2. Sez 3. Social Searity Numba 4. Date of Death (Monty, day. Year)
M Cif ~'!n O r ~ 0 b~s~s
hl 383 - 40 -- 0536 April 18, 2010
5. Age (Last BirMday) UMar 1 ar Under t da 6. Date of &M Month, da , r 7. Bi Ci and state a to ' coon Ba. Place d Death Check one
68 Montlis Sys H00rs Mm~tes Hospital: Other
April 2, 1942 Detroit
- Y
MI
,
~
^ Inpatient ^ ER I Outpaliea ^ DOA ^ Nursing Home ®Resideaz ^ OMar ~ Spechy
Bh. Counry d Death &. Ciry, Boro, Twp. d DeaM 6d. Facility Name (II not institution, give sheet and number) 9. Was Decedent of Hispanic Origin? ®No ^ Yes 10. Race: American Indan, Black, While, etc.
•
Cumberland N. Middleton Twp 55 West View (h yea, apeciry cubaa
~
Mexicen, Puedo Rican, etc.)
White
11. DecedenPs Usual tan Nind of woric do ne duri most of Ida. Do mt state retired 12. Was Decedent ever in ha 13. Decedent's Educetion (Speary onl
hi
hest
rade c l
t
d
y
g
g
omp
e
e
) 14. Madal Status: Married, Never Marred, 15. Survivkg Spouse pl w"e, give main name)
Nind of Work Kud of Busnessllndustry
Review E
FDIC
i U.S. Aimed Faces? Elementary I Secondary (P12) College (h4 or 5+) Wdowwd, DNaced (Spealy)
xam
er ~] Yea ^ No 5+ Divorced
• 16. Cecedenrs Mailing Address (sheet ciry 1 town, state, zip code) Decedenra PA ~ Decadent
55 West View AdualResiderrx,?a.slate Uveina „~g]y~
p~eaentuved~n N. Middleton
,
Twp
nncounry Cumberland Tam:hip' 11d.C]No,DecedentLivedwhhin
Carlisle, PA 17013
Adaaumilscr ~ygo,o
18. Fatltefs Name (First, middle, last, suKz) 19. Mother's Name (First, middle, maiden surname)
James Emerick Orlowsky
Estelle Pawlowski
20a. Inlomaru's Name (Type 1 PdnQ
Jamie Lee 20b, Inromum's Mailing Address (Street, ciry 1 rown, sNele, zip pile)
1124 Keokuk Terrace NE, Leesburg, VA 20176
21a. Method of Dispositbn ~ ^ Cremadm ^ Donation
• ~ Buda) ~ Removal ban St r W
C
ti
D
ti
A 21b. Date d Disposita (Month, day, year) 21c. Place of Disposition (Name of cemetery, crematory a other Race) 21d. Laxtim (Ciryltown, state, zip code)
a
rema
on a
ona
on
tdha4ed
^ olMr~ ~bylAedkalexamirer/caaten. ^rea^No A r i 1 26 2
P 010
t. Joseph Catholic Churc:hCemeter
Adrian, MI
zzasi~at n~ Pe 22b.ticenceNtmber
13 22c.NameandAddressaFadlity Hoffman-Roth Funeral Home & Cremator
• -
8504 y
219 N. Hanover St., Carlisle, PA 17013
items ncertirying
physidan's not a ilaae at time of death to
certity cease a deaU. 23a. To die bestdmy ,death acwredat the time date and ace stated. (Sigatae and ti0e)
~t / V 23b. License Number
E 5 05 9
(~N 51 23c. Dale '
' IMadh, day year)
~~ ~ /
~ 010
,
I \ . g ;
"ems 24-26 must be certipleted by person
who praau~es daM 24. rime of Death
: l 5 P 26. Date Prenau)Cad Dead (MaAh, day, r
I 26. Was Case Relened to Medical Examiner 1 Coroner fa a eason Omer Man Gemation a Daaliat?
M. A r.
I ~ ~D I D ^ Yes ,~ Na
CAUSE OF DEATH (See inatructlona and exampke) i Approximate interval:
hem 27. Part I: Enter dw cf~in d evens - tiseases, ayuries, a wmplications -That tiredly caused the deaN. DO NOT eder terminal events such as cardiac arrest, ~ Onset to Death
respkaory priest a ventricular hluilatron witlwul showing the etiology
LW aJy ate cause on each kce
~ Pad II: Enter other gigt"icent cendA s mntnL ainn ro m
bN not resulting in the undedyirg cause given m Pad I. 26. D'd Tobaao Use Coarihule b DaU?
y pmbaby
.
.
MNEDUTE CAUSE (Final daease a No ^ Undtown
i
ca~0on resuNrg in death) ,
_~ a O
29. h Female:
()/V
~ ^
Due to (a as a censequence oQ: t Na nant whhht
Dreg past Year
h~Fy list carMitiora~"any, b. ~ ^ Pregnant al time d death
to the cause Nsted m Grce a.
r
I
Eller UNDERLYNIG CAUSE Due b (a as a consequence d):
^ Not
pregmnL but pregnant witltin 42 days
(dsease a inpxr tltat ktitiated Ne r
events resulting m death) LAST. c.
~ d daM
^
Due ro or as a
( consequence oq: Not pregnant, but pregnant 43 days to t year
~
C. ~
t before death
^ Unknown 4 pregnant within th past year
30a. Was an Autopsy
Pedomied? 30b. Were Autopsy Endings
Available Pdor ro Canpletion 31. Mariner of Death
,4
,/ 32a. Date d Irqury (Month, day, year) 32b. Describe How Irry'ury Oceared 32c Place d Iryury: Hans, Farm, Street, Facrory,
d Cause d DaN? ,
~
Na
tuml ^ lladdde ORice Buildrg, etc. (Speplyl
^ Yes ~ No ^ Yes ^ Ne ^ AcadeM ^ Peafig Investigatim 32d. Tana d I~ryury 32e. Iry'ury al Work? 321. q Trartspodatbn Irryury (SVeaA') 32g. tocalbn a injury (Street illy I rovm, stale)
^ Sddde ^ Count Nil be Determiced ^ Yes ^ No ^ GNer/Opemta ^ Passenger ^ Pedestran
M oar-saGr
33a. carutiar (d~k ady a,e)
33h. sgnaW rae of
CeANylny physician (Physidan certifying pose d deaM when arother pltysidan has piatoatced death and mmpleMd Item 23)
To dte beatamylotowledge,dantoxwed dw to thewac(sJ and manneraatated-------------------------------- ~ -
I§apundng and cemlybrg physkien (Physidan ban pronamdng darn and aumymg m cause a aatn) 33c. Lice umber 33d oa , day
year)
To tiro bat of my pgwledgq dart oaurred at the time, ate, end place, and due to the cause(s) end manner a sated_ -- -- -- _ --- _
_ _
^ ,
_ _ _ _
'Medial ExaminerlCoroncr ~
On the hasty of
x
mi
ti
d I
h i
~ r 4-
na
e
a
ortan
a
westgetion, Nr my opfiion,loth aauned at aNtime, date, arM plan, and due M the eauu(a) and manner a state4 ^ 34
Na and Add
t
'
~ .
ers
iled Cause d De m Type I
~
35. Regstmis and DiShiU N 36, Dak Fled (Mall, day, year) ~/~j
~~~!1
~ ~~
~
~
- ~~,~ ~ ~a~ i ~b ~ Gi
v'
GLr/
j
(
~ 6
Disposition Pemtit No. y ~ ~ `~ tt I ` /
cs ,,
~
~- ~ ~, ~,
~~ ,,
~~~~ ~
~
LAST WILL AND TESTAMENT ' % ~
~. .
`
' ~Ia ~
OF -' ..-, c~
v- i~.' -`
JAMES M
ORLOWSKY ~--
~~ ~ ~'~~~' C~,>
.
~
I, JAMES M. ORLOWSKY, domiciled in and resident of Mont-
. .mgt
VAN GRAC K, AXELSON
tk WILL7A MOWSKY
ATTORNEYS AT LAW
SUITE 404
110 N. WASHINGTON ST.
ROCKVILLE, MD. 20850
(301} 424-0880
2000 L STREET. N. W.
SUITE 612
WASHINGTON. D.C. 20030
gomery County, Maryland, do make, publish and declare this to be
my Last Will and Testament, hereby revoking all former Wills and
odicils by me heretofore made.
ARTICLE I: It is my will and direction that my Personal
Representative, hereinafter named, pay or cause to be paid and
satisfied, all the expenses of my last .illness, funeral, and
burial in such amounts as she may deem to be proper, as soon after
my death as may be practicable. My said Personal Representative
is authorized, empowered, and directed to incur such bills and
expenses for my funeral and burial as in her discretion are
proper, without regard to any limitations imposed by law or rule
of Court in force at my legal domicile at the time of my death. I
specifically request that my remains be interred in Utica Ceme-
tery, Cass Street, Utica, Michigan.
I further direct my Personal Representative to pay all of my
legal debts which are unsecured and that all secured obligations,
encumbrances, liens, and mortgages shall pass with the property as
hereinafter devised and bequeathed and that my estate shall not be
liable for the payment of such secured debts. My Personal Repre-
sentative may turnover any real property, without selling the
same, to any beneficiary herein and may allow any beneficiary to
remain in said real property, without paying any rent during the
administration of the estate, without penalty.
ARTICLE II: All inheritance, estate, and succession taxes
(including interest and penalties thereon but not including an
1
~~
generation skipping tax) payable by reason of my death shall be
paid out of and be charged generally against the principal of my
(residuary estate, without reimbursement from any person. This
provision is not a waiver of any right which my Personal Repre-
sentative has to claim reimbursement for any such taxes which be-
come payable on account of any property over which I have a power
of appointment.
ARTICLE III: I give and bequeath all furniture that was used
by my children in their respective rooms to them immediately upon
my death. All of the remaining household property and any per-
sonal property shall be divided equally among my children at the
discretion of my trustee, at the time of the sale of the home,
whether such sale be made out of the Trust or out of the Estate,
as hereinafter provided. In making the division of property, my
Trustee in his/her sole and absolute discretion shall distribute
such property and the proceeds of any of it he chooses to sell,
between my children, taking into consideration the value of each
item and the preferences of my children, and this distribution
shall not be subject to question whether or not my children
receive shares of equal value.
ARTICLE IV: I devise and bequeath all of my residuary es-j
tate, being all property, of whatsoever nature and wheresoever
situated, that I may own or to which I may in any way be entitled
at the time of my death not otherwise effectively disposed of, but
not including any property over which I may have a power of ap-
pointment, to the Trustee, hereinafter named, who shall hold said
property for the benefit of my children, JAIME NORMAN ORLOWSKY,
and SHRINE NORMAN ORLOWSKY, equally; provided however, that if
they are not then alive but leave issue who survive them, the
2
trust shall be for the benefit of the then living descendants,
collectively, of my children, JAIME NORMAN ORLOWSKY and SHRINE
ORLOWSKY, per stirpes.
(a) The combined Trust for both of my children shall be held
s one trust until the earlier of such time when my youngest child
as graduated from a four year institution. of higher learning or
ntil she reaches the age of twenty-three (23) years old, during
hick time the Trustee shall use for the benefit of my children so
of the income of the trust as the Trustee determines to be
uired, in addition to their other income from all sources known
the Trustee, for their medical and dental needs, and education,
ing any excess income to principal at the discretion of the
stee.
(b) At the time earlier of the youngest of my children grad-
ating from a four year institution of higher learning or her
eaching the age of twenty-three (23) years old, the Trustee shall
plit the corpus into two (2) equal Trusts, one for the benefit of
ach of my children, JAIME NORMAN ORLOWSKY and SHRINE NORMAN OR-
KY, per stirpes.
(c ) Each separate Trust for a child shall be held and dis-
-.~
1~~~
X.
CJ-
sed as follows:
(i) Until the earlier of such time when my youngest
hild has graduated from a four year institution of higher learn-
or until she reaches the age of twenty-three (23) years old,
the Trustee shall use for the benefit of my children so much of
the income of the trust as the Trustee determines to be required,
in addition to their other income from al]_ sources known to they
stee, for their medical and dental needs,. and education, adding
any excess income to principal at the discretion of the Trustee.
3
(ii) Whenever the Trustee determines that the income
of any of the beneficiaries hereunder from all sources known to
the Trustee is not sufficent for his or ;her medical and dental
needs, and education, and that of her immediate family, the Trus-
tee may pay to her, or use for her benefit., so much of the prin-
cipal of her trust as the Trustee determines to be required for
those purposes.
(iii) As each child reaches the age of thirty (30)
lyears, the Trustee shall distribute outright to her the balance
lof the corpus of her trust to her, and such child's trust shall
(terminate.
{iv) In the establishment of t:he residuary trust, or
~~.
on the commencement of the trust for such children, as to any
property incapable of exact division, it shall not be necessary
for my Trustee to divide the same physically into parts to which
each trust shall be entitled, but undivided parts thereof may be
deemed and shall be duly evidenced by appropriate book entries to
have been allocated to each of the trusts. In any case where
exact division of property or allocation of undivided interests
therein between the trust for such children is not practical or
expedient, my Trustee in his absolute discretion may select assets
to be appropriated in whole to any of said trusts.
(b) In the event of the death of one of my children who
leaves no issue surviving her, that deceasE~d child's trust shall
be added to the surviving child's trust. The Trustee shall im-
mediately distribute each trust to each beneficiary on the twenty-
first anniversary of the death of my children, JAIME NORMAN ORLOW-
SKY and SHRINE NORMAN ORLOWSKY, respectively.
2. In the event all of the persons named as residuary bene-
4
~'~„'
~'
ficiaries of the trusts created hereunder shall predecease me,
then I give, devise, and bequeath all the rest, residue and re-
mainder of my estate to my heirs at law had I died intestate,
domiciled in the State of Maryland.
ARTICLE V:
1. Notwithstanding anything herein to the contrary, the
trusts under this instrument shall terminate on the day preceding
the twenty-first anniversary of the death of the last survivor of
my descendants living on the date of my death. At that time the
Trustee shall distribute each remaining portion of the trust prop-
erty to the then current beneficiary or beneficiaries of the in-
come thereof and, if there is more than one beneficiary, in the
proportions in which they are beneficiaries.
2. Neither the corpus of any trust created hereby, nor the
income resulting therefrom while in the hands of my Trustee, shall
be subject to any conveyance, transfer, or assignment, or be
pledged as security to any claim or any creditor of any such bene-
ficiary through legal process or otherwise; any such attempted
sale, anticipated assignment, or pledge of any of the funds or
property held in such trust, or the income therefrom, by such
beneficiaries or any of them shall be null and void, and shall not
be recognized by my Trustee. It is the intention to place the
absolute title to the property held in trust and the income there-
from in my Trustee with power and authority to pay out the same
only as authorized hereby.
3. The Trustee either may expend directly any income or
principal which it is authorized in this instrument to use for the
benefit of any person. After the beneficiary has reached the age
~f eighteen (18) years of age, the Trustee may expend income or
5
a
incipal directly to the beneficiary for any permitted purpose.
The receipt by any such person shall be a complete discharge to
the Trustee who shall not be responsible for the application of
(such payment; except as provided above.
4. If any income or principal become distributable to a
minor, the Trustee in his absolute discretion shall retain such
income or principal for such minor during minority. In case of
such retention, the Trust may apply such .income or principal to
the medical and/or dental needs, and education of such minor. In
(holding these funds for any minor, the Trustee shall have all the
(powers and discretions conferred upon him under this instrument.
5. The Trustee shall not be required to obtain authority or
'approval of any court in the exercise of any power permitted under
this instrument.
6. No person dealing with the Trustee shall be obligated to
inquire into the Trustee's power or authority or into the validity
of any act of the Trustee, or be liable for the application of any
ney paid to the Trustee in the management of trust funds.
7. Any trust created hereunder which has the aggregate prin-
~~ n
`~
'~'1
;Cl"`
:ipal value of Ten Thousand Dollars ($10,000.00) or less may, but
seed not be, terminated in the discretion of the Trustee. In such
went, the Trustee shall distribute the assets thereof in his pos-
>ession to the then current beneficiary or beneficiaries of the
.ncome and, if more than one beneficiary is so entitled, in the
>roportions in which they are beneficiaries.
8. The validity and effect of this instrument and the dis-
positions pursuant to this instrument shall be determined under
he law of the State of Maryland.
ARTICLE VI: In addition to any powers given by law or other-
6
C~ ~~
~~J
wise, and not by way of limitation of any s~sch powers, the Trustee
is authorized and empowered, at any time, in his absolute discre-
Ition
1. To hold and retain all or any property received from my
estate or any other source, without regard to any law or rule of
court concerning diversification, risk, or non-productivity. To
permit any person having an interest in the income of a Trust
created herein to occupy any real property forming part of the
principal of such trust until the earlier of the time when such
person has graduated from a four year institution of higher
Learning or until he reaches the age of twenty-three (23) years
old, without paying rent therefor, and upon such other terms and
conditions as he may determined to be just a.nd equitable;
2. To invest and reinvest (or leave temporarily uninvested)
my funds in any property, real or personal, of any kind or na-
ture, including, without limitation, stocks (whether common, pre-
=erred, or otherwise), bonds (secured or unsecured), obligations,
tortgages, other securities, and interests in any of the foregoing
Without regard to any law or rule of Court prescribing or re-
stricting investments for fiduciaries;
3. To make any loan, either secured or unsecured, in such
.mounts, upon such terms, at such rate of interest, and to such
persons, firms, or corporations, as deemed advisable, provided
.hat no loans may be made to any beneficiaries or guardians of
eneficiaries hereunder;
4. To sell, exchange, partition, or otherwise dispose of any
roperty, real or personal, at public or private sale, for such
ersons and upon such terms, including c>ptions and sales on
redit, with or without security;
7
~~.
(:J~"
u~J
5. To mortgage any real property in such amount and on such
terms as deemed advisable; to lease any such property for such
term or terms, upon such conditions and rentals, and in such man-
ner, as deemed advisable, irrespective of whether the term of any
lease shall exceed the period permitted by law or the probable
period of any trust created hereby, and to renew or modify any
such leases; and to make repairs, replacements, and improvements,
structural or otherwise, of any such property, and to charge the
expense thereof in an equitable manner to principal or income, as
deemed proper;
6. To borrow money for any purposes :in connection with the
administration of any trust created hereby; to execute promissory
notes or other obligations for amounts so borrowed; and to secure
the payment of any amounts so borrowed by mortgage or pledge of
any real or personal property;
7. To renew or extend the time of payment of any obliga-
tion, secured or unsecured, payable to or by any trust created
hereby, for as long a period or periods of i:.ime and on such terms
as deemed advisable; and to adjust, settle, compromise and arbi-
trate claims or demands upon such terms as deemed advisable;
8. In respect of any stock or other sE~curities forming part
of any trust created hereby, to vote upon any proposition or elec-
tion at any meeting and to grant proxies, discretionary or other-
wise, to vote at any such meeting; to join iri or become a party to
any reorganization, readjustment, merger, voting trust, consoli-
ration, or exchange, and to deposit any such securities with any
committee, depository, trustee, or otherwise, and to charge the
game to principal or income as deemed proper; to exercise conver-
~ion, subscription or other rights, or to sell or abandon such
8
~~,
CJ"` ~,
n
~`
rights, and to receive and hold any new :securities issued as a
result of any such reorganization, readjustment, merger, voting
trust, consolidation, exchange, or exercise of conversion, sub-
scription, or other rights; and generally, to take all action in
respect to any such securities as could be done by an absolute
owner;
9. Whenever required or permitted, to divide or distribute
any property, and to make such division or distribution in kind or
in money, or in part kind and in part money and without regard to
the income tax basis of any such property;
10. To appropriate extraordinary stock. and liquidating divi-
dends between income and principal in such :manner as shall fairly
take into account the relative interests of the beneficiaries; and
to determine what constitutes such dividends;
11. In connection with making investments, to determine
whether to amortize premiums in whole or in part;
12. To hold and administer the trusts created hereby in one
or more consolidated funds, in whole or in part, in which the
separate trusts shall have undivided interests;
13. To engage attorneys, accountants, agents, custodians,
clerks, investment counsel, and such other persons as deemed ad-
visable, to make such payments therefor as deemed reasonable, and
to charge the expense thereof to income or ~>rincipal as equitably
determined, and to delegate to such persons any discretion deemed
proper;
14. To exercise all power and authority, including any dis-
cretion, conferred in this instrument with respect to all accumu-
lations of income under this instrument and with respect to all
property held under a power in trust; and
9
~I
15. To exercise all power and authority, including any dis-
cretion, conferred in this instrument after the termination of any
trust created herein and until the same is fully distributed.
ARTICLE VII:
1. The Trustee shall not be required to give any bond for
~J ~"
y, "
~~the performance of his duties.
2. The Trustee may resign at any time by giving written no-
tice, specifying the effective date of the resignation, to the
beneficiaries of the current income, at the time of giving notice.
If any trustee at any time resigns or is unable or refuses to act,
any corporation authorized under the laws o.f the United States or
of any State to administer trusts may be a~>pointed as trustee by
an instrument delivered to it and signed by the beneficiaries of
at least two-thirds (2/3) of the current income, at the time of
lappointment. Any successor trustee, with the written approval of
the person or persons appointing such succes:or trustee, shall ac-
cept without examination or review the accounts rendered and the
property delivered by or for a predecessor trustee, without incur-
ring any liability or responsibility for so doing.
3. All successor trustees shall have the same title, powers,
duties and discretion of the trustee succeeded, without the neces-
city of any conveyance or transfer.
4. No trustee shall be required to obi~ain the order or ap-
~roval of any court in the exercise of any power or discretion
Zereunder.
5. Any trustee shall be entitled to reasonable compensation
`or services in administering and distributing the estate or trust
property, and to reimbursement for expense.
ARTICLE VIII: I hereby nominate, constitute and appoint my
10
i
sister, CAROLE SALES, of Sterling Heights, Michigan, as Personal
Representative of this, my Last Will and Testament. In the event
that my sister, CAROLE SALES, shall predecease me or be unable or
unwilling to serve as Personal Representative, then I nominate,
constitute, and appoint my brother, THOM~~S JAMES ORLOWSKY, of
Troy, Michigan, as successor Personal Representative under this,
my Last Will and Testament. In the event that no; tr,o,- „~ ~~,,,,.,
shall be able or willing to serve, I hereby nominate, constitute,
and appoint my sister, NANCY BYERS, of Sterling Heights, Michigan,
as my successor Personal Representative under this, my Last Will
and Testament. I specifically direct that no bond or other secur-
ity be required of my Personal Representative while acting in such
rapacity in any State, the District of Columbia or foreign country
in which administration of my estate or trust estate may be neces-
~sary.
I give to my Personal Representative full power and discre-
~`~~
"C J `'
cJ"'
.J
tion in the control and management of my estate, with the right
and power to sell and exchange all or any portion thereof, real or
(personal which he may deem necessary or advisable for payment of
my debts or the advantageous settlement or protection of my
estate, at public or private sale, and no purchaser from my Per-
sonal Representative shall be under any obligation to see to the
application of the purchase money or other consideration. I fur-
ther authorize and empower my Personal Representative to operate
or continue the operation of any undertaking or business with
which I may be associated or connected at the time of my death. I
confer upon my Personal Representative full power and authority to
compromise, settle, and adjust any and all claims against my
estate as well as any claims which I may have had against others.
it
D
All of the foregoing powers and authority :may be exercised by my
Personal Representative without the necessity of obtaining the
approval of any legatee, devisee or benefic9_ary.
ARTICLE IX: I hereby nominate, constitute, and appoint my
sister, CAROLS SALES, of Sterling Heights, N[ichigan, as my Trustee
under the trusts created under this instrument. In the event that
my sister, CAROLS SALES, shall be unable or unwilling to serve as
Trustee, or once having become Trustee be unable or unwilling to
continue as Trustee, I hereby nominate, constitute, and appoint my
brother, THOMAS JAMES ORLOWSKY, of Troy, Michigan, to be successor
or substitute Trustee. In the event that my brother, THOMAS JAMES
ORLOWSKY, shall be unable or unwilling to serve as Trustee, or
once having become Trustee be unable or unwilling to continue as
Trustee, I hereby nominate, constitute, and appoint my sister,
NANCY BYERS, of Sterling Heights, Michigan, to be successor or
substitute Trustee. I specifically direct that no bond or other
security be required of my Trustee or successor Trustee while
acting in any capacity in any State or the District of Columbia in
which he or she may be required to act.
ARTICLE X: In the event that any of my children shall not,
at the time of my death, have attained t
- he age of eighteen (18)
~ years, then to the extent I may do so, I nominate, constitute, and
" appoint my sister, CAROLS SALES, of Sterling :Heights, Michigan, as
Guardian of the person and property of each such child during
minority. I acknowledge the existence of their mother, but feel
that she is unfit to be their guardian and urge the Court to fol-
low my instructions herein as I have full custody. In the event
that my sister, CAROLS SALES, shall be unable or unwilling to
serve, then I nominate, constitute, and appoint my brother, THOMAS
12
}C~
J~~
JAMES ORLOWSKY, of Troy, Michigan, as sub:~titute Guardian of my
inor children. In the event that my brothEar, THOMAS JAMES ORLOW-
SKY, shall be unable or unwilling to serve, then I nominate, con-
stitute, and appoint my sister, NANCY BYERS, of Sterling Heights,
ichigan, as substitute Guardian of my minor children. I direct
that no Guardian nominated and approved by me shall be required to
furnish any bond or other security for the faithful performance of
such Guardian's duties, notwithstanding any provision of law to
the contrary.
ARTICLE XI: My Personal Representatives shall have the power
to exercise any election he may have as to whether to claim any
expense of administration of my estate as a deduction for any
death tax or any income tax in such manner as he believes will
minimize the total tax burden on my estate, irrespective of the
effect any such decision would have upon thE~ value of any trust,
and without any adjustments as between income and principal ac-
counts of my estate resulting from deduction for income tax pur-
poses of a principal charge therefrom. My Personal Representative
shall incur no liability to any beneficiary by reason of making or
failing to make any such election.
ARTICLE XII: The use of any gender herein shall be deemed to
be or include the other gender and the use of the singular herein
shall be deemed to be or include the plural (and vice versa)
wherever appropriate.
IN WITNESS WHEREOF, I have subscribed anal sealed and do pub-
lish and declare this instrument as and for my Last Will and Tes-
tament, in the presence of the witnesses attesting the same ~t m
request on this ~ day of ' 19 in
~.
13
tgomery County, Maryland.
AMES M.
KY
THE ABOVE INSTRUMENT, consisting of fourt~en typewritten
pages, including the page on which we, the undersigned, have
subscribed our names as witnesses, was t:he date thereof SUB-
SCRIBED, SEALED, PUBLISHED, and DECLARED by JAMES M. ORLOWSKY, the
aforesaid Testator, as and for his Last Will. and Testament, in the
presence of us and each of us, who, at his request, in his pres-
ence, and in the presence of each other, having hereunto sub-
scribed our names as witnesses thereto (the final clause of the
Will having been read aloud to us by the aforesaid Testator im-
mediately after he had signed the Will) a:nd this clause having
been thereupon read aloud in his and our presence and hearing,
this ~~ day of ~anu.ar~ , 198
~k ~' L~ Residing at ry'laU ~-~=h~sPe~ =n~ ~nes
Cccct~ rye T• ~. eP
~'-~ Residing at ~ ~, ~~
,~ .. ~~ .~ vim. fm -~ i+ r. ;,
' UL~ Residing at /~i'~ 3~> /~-1f5~ 1,~ E
~~~ ~, ~
~v~r..~,~~/i~(~~ Mh o ~8'-~~
14