Loading...
HomeMy WebLinkAbout07-09-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Cumberland Estate of George H. Plough also known as Deceased COUNTY, PENNSYLVANIA / S~~ '~~~ File Number _,~~ ~ / ~~ .. Social Security Number 174-20-7087 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executor last Will of the Decedent dated July 24, 2002 and codicil(s) dated none narned in the - - ~ ~ ._. (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 for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~~~ 7 ,... y.;* ~~ ~.-, r-r, _,:~ ~' i., :~ h'~t ~ ~=~ ~.F ~ 1 ~~ ~±'ut ~ B. Grant of Letters of Administration ~ - ~' (If applicable, enter: c.t.a.; d. b.n.c.t.a.; pendente liter durante absentia; dur w~inoritate)~D' ~ ~.~7 Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any)ytd heirs: (I Administration, c. t. a. or d. b. n.c.t.a., enter date of Will in Section A above and complete list of heirs.) (COMPLETE INALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 407 Green Springy Road, Newville, Cumberland County, Pennsylvania 17241 (List street address, town/city, township, county, state, zip code) Decedent, then 84 years of age, died on June 15, 2010 at 407 Green Springy Road, Newville, Cumberland County, Pennsylvania 17241 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ ~~0t dJ~ ~ ~-~ (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ ~,rD1 d?!J. CfL~~ Y situated as follows: None. 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: Si nature Typed or printed name and residence Antonio Santana, 1556 Newville, Road, Carlisle, PA 17015 ~Qlk, ~ r' f1 N [~, ~,,~'/v) Jq A! ~Q Form RW-02 rev. 10.13.0< 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 representative(s) of the Decedent, Petitioners} will well and truly administer the estate according to law. Sworn to or affirmed an subscribed ~~ ~,o~ .,.o .~.o ~ a,,.. ,.a Signature of Personal Representative File Number: ~~ "/ C_~ ~ L~~~ ~ J N .... ~_ ~~ •`~ C~ Social Se urity Number: 174-20-7087 Date of Death: June 15, 2010 r~ ~ \ ' AND NOW, ' ) ~ , in consideration of the foregoing Petition, satisfactory proof . ~~~~ having been present befor me, IT IS DECREED that Lett~rs testamentary are hereby granted Antonio Santana ~~~`'~/~" %~ti ~' .a- ~.N?~ /V in the above estate and that the instrument(s) dated July 24, 2002 described in the Petition be admitted to probate and filed of reco~,~s the last Will (and Codicil(q)),pf Decedent. /? FEES -~, ~~~ ~ Letters ............... $ Short Certificate(s) ........ $ Renunciation(s) .......... $ ... $ '~. I4 _ ~~ ... $ ~~~ S - ~ ... $ , L ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $ - ~.1L08-~ Attorney Signature: Supreme Court I.D. No.: 44853 Address: Baric Scherer 19 West South Street Carlisle, PA 17013 Telephone: (717) 249-6873 Form RW-OZ rev. 10.13.06 Page ,~ Of 2 ~~ Estate of George H. Plough , Dec~ased Attorney Name: David A. Baric ~ ~ ~~~ ~ ~Lt~CAL REGISTRAR'S CERTIFICATION QF DEATH ~11~,RNfNG: 1t is illegal to duplicate this copy by photostat or photograph. fee i~e)r this c~ertili~~atL°. ~{~.'. ri a f 1~5~~~~ C e(~~ti~~i~~ali1)n ti(u~)+~~~( t''/~,P~-j~ J'F~E~,~~ tiorr~tltl~(~c~l7ied~fl~~))~ii-n11)ri~1inal C'etrl fi~ate c t]~en is ' `t r ~ Death ~' ~ \ 7 ,~`'t~~i ,`~~=`, daily hlecl w)th )n1' ray, L~ca~ Registrar. 'The original ~~ ,~~~ .~ertit--~-~~te ~~.ril} h~' t~~r~~arded tc~) the State Vital vl ~ ~a 1Zt~:ord~ Ot~fi+~~~ ft,~ ~)f~rm~jnc~~~t filing. ~. \q~T - - _ ~? ~~%' C ~~~+e~.c~~K:_ti~ JU 1 6 010 ~~ -- -- ~~'=„'`"-~~'' l,c~~al 1-Ze~ti~tr~ir Date Issued sv ~ '~~ .~J , ~~ " _ i""` ~: ~ ~ ~~ (~ • -•"~ ~~ VrI fr 4 f~~ -s."" ~~.. ~~ r .. iV .... `"~'~j ;~-- H105-143 REV 11!2006 TYPE /PRINT IN PERMANENT BLACK B4K w a W 0 U COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) STATE FILE NUMBER 1. Name of Decedent (First, middle, last, suffix) 2. Sex 3. Social Secudty Number 4. Date of Death (o , day, y r ~ ~b10 J George H. Plough Male 174 _20 _ 7087 une , 5. Age (last Birthday) Under t ear Under 1 de 8. Date of Birth Month, da , ar 7. Birth lace CI end state or for ei coup 8a. Place of Death Check on one 8 4 Months Days bows Minutes April 1 , 19 2 6 Cumberland Hospital: Other: Yrs. C O U ri t P A ^ Inpatient ^ ER / Outpatient ^ DOA ray ^ Nursing Home ~ Residence ^ Other • Spedty: 3b. County of Death Bc. City, Boro, Twerp, of Death Bd. FecRity Name {If not institu8on, gNe sUeet and numlter) 9. Was Decedent of Hispank Origin? No ^Yes 10. Race: American Indian, Black, White, etc. Cumbr~rland North Newton 407 Green Spring Rd (If yes, seedy Cuban, Mexican, Puerto Rican,etd.) (Sperr/yy white 11. Decedent's Usual Ron Kirid of work done d ud most of wrxkin Rle. De not srste retired 12. Was Decedent ever in the 13. Decedents Education (Specify Doty highest grade comp leted) 14. Marital Status: Married, Never Married, 15. Surviving Spo use (If wife, give maiden name) Kind of Work Kind of Business/Irdirstry U.S. Armed Forces? Elementary /Secondary (0-12) ) Collage (1.4 a 5+ Widowed, Divomed (Sperrly) Inspector State Construe ~y, L_JYea ^No 12 2 Divorced I6. Decedent's Mailing Address (Street, dry ! tovm, stale, Zip Coda) Decedents p A Did Decedent North N e w t o n Live in a l R A t id i7 S L ' 407 Green Spring Rd c ua es ence a. tate 17c. Yes, Decedent ived m Twp. Cum erland Township? within 17d ^ ~ t Newville PA 17241 17b.County ActualLi of mits city/Boro 18. Fatfter's Name (First, middle, last, suffix) 19. Mother's Neme (First, middle, maiden sumeme) George A Plough Alma Ruth Green 20a. Interment's Name (Type /Print) 20b. Informant's Mailing Address (Street, city /town, state, zip code) Antonio Santana 55 21a. Method of Disposition r ^ Cremation ^ Donaton 21 b. Date of Disposition (Monts, day, year) 21 c. Place of Disposfion (Name of cemetery, crematory or other place) 21 d. La:aBon (City/ town, state, zip cede) Buda! ^ Removal from State ~ wag cremetkn er Donation Autfarized 6 / 18 / 2 010 prospect H i 11 Cemetery e wv i 11 e P A 17 2 41 ^ Other - S r by Medkal Examiner/Coroner? ^Yes^ No 22a. Signature o1 Fu rat S Ucen (or parson acting as such) 22b. License Number 22c. Name and Address of Facility g g e r u n e r a 1 Home I n e ~.'~ F 13895 L 15 Big Spring Ave Newville PA 17241 Complete Rams 23a-c only whence ' physician is nor available at time of th to 23a. To the best Madge accu and place stated. mature end Btlel-, /~ ~,/ 1 1 'f~ 23b. License Number J7 ~ j y ~ / 23c. Date Signed (Month, day, year) / rxrtiry cause o, aeatn. ~, ~ i%! r/..u-77'Y.>~---~' ~/j/ CF/iJ ICJ lit (/U 69 ~L~~~ L. ~~`© ~~ /S f ttems 24-26 must be canpVeted trY person 24. Tana of Dea ~ ~ ~ / 25. Date P need Dead (Month, day, year) ~ ,~T ~ ~ 26. Was Case Ref rred to Medkel Examiner /Coroner for a Reason Other than Cremation or Donation? ~ who proraurx:es death. ~ +/AM. i r [...~ l L ~ S ~ No ^Yes , CAUSE OF DEATH (See Inatfuctiona and examples) , Approximate interval: Part 11: Enter other a(gpitkant conditior>s contdbutinq to death. 28. Did Tobacco Use Contribute to Death? Item 27. Pert I: Enter the GtJti~ of events -diseases, Mjuries, or complications -That directly caused the death. DO NOT enter terminal events such as cardiac arrest, r Onset to Death res irato arcesL or ventrkular Ibdilatbn witho t showin the eti t nl n h li l Li but not resulting in the undertying cause given in Part I. ^Yes ^~bly p ry g u o ogy. s o y o e cause on eac ne. , ^ No Unknown IMMEDIATE CAUSE (Final disease or o~ i condition resulting in death) _.~ a. fSG/~,~~ ~ ~W~~ /~ ~~ i / 29. If Female: ^ N t t ithi t Due to (or as a conseq of ' r SequenliaVW Rst mndilions, R any, b, I~TL.7~GlG~ SA..f~w ~ , /b~re~ k t th k ti t d _ o pregnan w n pas year ^ Pregnant at 6me ~f death o e cause on ne a. , s e Enlar the UNDERLYING CAUSE Due to (or as a consequence at): r - Not pregnant, but pregnant wdhin 42 days (disease or injury that ini8ated the r c. events resulting k death) LAST o1 death ^ . ~ Due to (or as a consequence of): r Not pregnant, but pregnant 43 days to 1 year before deem d. ~ ^ Unknown if pregnant within the past year 30a. Was an Autopsy 30b. Were Aut~sy Findings 31. Manner of Death 32a. Date o1 injury (Monet, day, year) 32b. Describe How Injury Occurred 32c. Place of Injury: Hama, Farm, Street, Factory, Pedormed? Available Prior to Completion r~ CJ N t l ^ H idd OfBce Building, etc. (Specify) of Cause of Death? a ura om e r ^ Yes No ^ Yes N ^ Accident ^ Pending Investigation 32d. Time of Injury 32e. Injury at Work? 32f. If Transportation Injury (Specify) 32g. location of injury (Street, city 1 town, state) o ^ Sukide ^ Could Not he Determined ^Yes ^ No ^ Drrver/Operator ^ Passenger ^ Pedestrian M. ^ Other - Speciy: 33a. Cenifrer (check ony one) ignature and Title iffier Certgying physician (Physician certirying cause of death when another physician has pronounced death and completed Item 23) To the best of my knowbdge, death oxuned due to the cause(s) and manner as stated _ _ _ _ _ _ _ _ _ _ _ .. - • Pronouncing and certifying physician (Physician both pronourx:ing death and certifying to reuse of death) the b at m m T k wl d d th < th ti d d t d l d d t ^ 33c. Liven 33d. Date Signed (Mo th, day, ye r) o e y rw e ge, ea occurre a me, a e, an e p ace, an ue o the cause(s) and mentter as stated _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ • Madkal Examiner/Coroner Sava ~SQ ~ 3 / ,, 3 ,tr - (~ /Ce ~ (~ On the bests of axaminatkn and / or investigation, in my opinion, death occurred at the time, date, and place, and due to the cause(s) and manner as stated_ ^ 34. Name and Address of Per~b Who Completed Cause of Death ("Ile' 27 Type / Pdnt 35. Registrar's ure and Dis rict t>871 ~ ~ ~ i - ~ ~ ~ ~ ~ c, ~ ~~~k ~ 36. ate Filed (Month, day, year) ~~ /~~ ~~ Y~ ~ . . 1 ~ F.~..,o - ~,~~ Disposition Permit No. ~ ~~;~,y.' f• I ~~ ~~; ~~ f'".. 7 ~y .; ~ sf 3 1 `', ~ ` _^ (~ ~ ~ f .rar r-. - -~ ~ ~ LAST WILL AND TESTAMENT ~' ~ cv ._ '~ `f' OF GEORGE H. PLOUGH I, GEORGE H. PLOUGH, now of 407 Greenspring Road, Newville, Cumberland County, Pennsylvania,17241, dopublish and declare this to be my Last Will and Testament, hereby revoking all other prior wills and codicils made by me. FIRST: Family Background and Appointment of Executor. (A) Family and Background Information. I am not currently married. I was married, but divorced in 1967. I have no children. (B) A~-pointment of Executor. I appoint as my Executor and Successor Executor (all hereinafter referred to as Executor) under this Will, the following named persons to serve without bond and without being required to account to any Court: Executor: My friend: TONY SANTANA. Successor Executor: My friend, REBECCA CLUGSTON. (C) Inter Vivos Trust. The inter vivos trust agreement referred to in this Will is entitled "THE GEORGE H. PLOUGH TRUST, DATED JULY ~`{, 2002", by and between myself, GEORGE H. PLOUGH, as Settlor, and myself, GEORGE H. PLOUGH, as Trustee, as now in effect or as may hereafter be amended. SECOND: Funeral and Last Illness Expenses; Taxes. (A) Expenses of Funeral and Last Illness. I direct my Executor to pay my funeral expenses and the expenses of my last illness from my estate. (B) Taxes. I direct my Executor to pay any and all estate, inheritance, succession, legacy, transfer and other death taxes or duties, by whatever name called, including any and all interest anal penalties thereon, imposed under the laws of any jurisdiction by reason of my death upon or with ____., ,/ ~~ - LAST WILL AND TESTAMENT OF GEORGE H. PLOUGH PAGE 2 respect to any and all property included in my gross estate for the purpose of such taxes, whether such property passes under or outside of this Will. Without any apportionment otherwise required by law and without being prorated or apportioned among or charged against the respective devises, legatees, beneficiaries, transferees, or other recipients of any such property or charged against any property passing or which may have passed to any of them, I direct that any taxes so paid shall be charged against my residuary estate. My Executor shall not be entitled to reimbursement for any portion of any such taxes from any such person. The foregoing provisions of this Article SECOND shall not apply to such portion or portions of said taxes, interest and penalties which may be required to be paid, or are actually paid or reimbursed, by the Trustee of the Trust described in Paragraph FIRST (C), above. THIRD: Tangible Personal Property. Except for those items excluded below and those items enumerated in the Letter of Instruction, I bequeath all my tangible personal property, including but not limited to clothing, jewelry, heirlooms, furniture, household furnishings, personal effects, motor vehicles, and all other similar articles, which I own, and the insurance thereon, to my friend, TONY SANTANA, living at the time of my death. Notwithstanding any other provisions in this Article THIRD, I may leave a separate, dated and unsigned Letter of Instruction, which I shall place with my Will, containing directions as to the ultimate disposition of certain of the property bequeathed under this Article THIRD, and such Letl;er of Instruction shall determine the distribution of such items. FOURTH: Residuary Estate. I devise and bequeath all of the rest, residue and remainder of my estate, real, personal and mixed, of whatever nature and wherever situated to which I am legally or equitably entitled, to the then-acting Trustee of the Trust described in Paragraph FIRST (C) of this Will, to be held, administered and distributed pursuant to the terms thereof, as the same may be amended from time to time. By this devise and bequest of my residuary estate I hereby exercise all Powers of Appointment I possess at the time of my death except any power of appointment which I possess under the Trust described in Paragraph FIRST (C) of this Will. FIFTH: Powers of Executor. In addition to the powers and duties as may have been granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the Executor shall have and exercise exclusive management and control of the Estate and shall be vested with the following specific powers and discretion, in addition to the powers as may he generally conferred from time to time upon the Executor by law: r ~~~~~ LAST WILL AND TESTAMENT OF GEORGE H. PLOUGH PAGE 3 (A) In the management, care and disposition of the Estate, the Executor shall have the power to do all things and to execute such instruments, deeds, or other documents as may be deemed necessary or proper, including the following powers, all of which maybe exercised without order of or report to any Court: (1) To sell, exchange or otherwise dispose of any property at any time held or acquired hereunder, at public or private sale, for cash or on terms, without advertisement, including the right to lease for any term notwithstanding the period of the Estate, and to grant options, including any option for a period beyond the duration of the Estate. (2) To invest all monies in such stocks, bonds, securities, mortgages, notes, chores in action, real estate or improvements thereon, and any other property as the Executor may deem best, without regard to any law now or hereafter enforced limiting investments of fiduciaries. (3) To retain for investment any property deposited with the Executor hereunder.. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization, merger, consolidation, liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note or other security. (5) To use attorneys, real estate brokers, accountants and other agents, if such employment is deemed necessary or desirable, and to pay reasonable compensation for their services. (6) To compromise, settle or adjust any claim or demand by or against the Estate and to agree to any rescission or modification of any contract or agreement affecting the Estate. (7) To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any property of the Estate. (8) To retain and carry on any business in which the Estate may acquire an interest, to acquire additional interest in any such business, to agree to the liquidation in kind of any ~~~. ~~- LAST WILL AND TESTAMENT OF GEORGE H. PLOUGH PAGE 4 corporation in which the Estate may have an interest and to carry on the business thereof; to join with other owners in adopting any form of management for any business or property in which the Estate may have an interest, to become or remain a partner, general or limited., in regard to any such business or property and to hold the stock or other securities as an investment, and to employ agents and confer on them authority to manage and operate the business, property or corporation, without liability for the acts of such agent or for any loss, liability or indebtedness of such business if the management is selected or retained with reasonable care. (9) To register any stock, bond or other security in the name of a nominee, without the addition of words indicating that such security is held in a fiduciary capacity, but accurate records shall be maintained showing that such security is a Estate asset and the Executor shall be responsible for the acts of such nominee. (B) Whenever the Executor is directed to distribute any Estate assets in fee simple to a person who is then under twenty-one (21) years of age, the Executor shall be authorized. to hold such property in Trust for such person until he/she becomes twenty-one (21) years of age, and in t:he meantime shall use such part of the income and the principal of the Estate as the Executor may deem necessary to provide for the proper support and education of such person. If such person should die before becoming twenty-one (21) years of age, the property then remaining in Trust shall be distributed to the personal representative of such person's estate. (C) In making distributions from the Estate to or for the benefit of any minor or other person under a legal disability, the Executor need not require the appointment of a guardian, but shall be authorized to pay or deliver the same to the custodian of such person, to pay or deliver the same to such person without the intervention of a guardian, to pay or deliver the same to a legal guardian of such person if one has already been appointed, or to use the same for the benefit of such person. (D) In the disbursement of the Estate and any division into separate trusts or shares, the Executor shall be authorized to make the distribution and division in money or in kind, or both, regardless of the basis for income tax purposes of any property distributed or divided in kind, and the distribution and division made and the values established by the Executor shall be binding and conclusive on all persons taking hereunder. The Executor may in making such distribution or division allot undivided interests in the same property to several trusts or shares. ~~~ .~~~' - LAST WILL AND TESTAMENT OF GEORGE H. PLOUGH PAGE 5 (E) The Executor shall be authorized to lend or borrow, including the right to lend to or borrow from any trusts which I may have established during life or by will at an adequate rate of interest and with adequate security, and upon such terms and conditions as the Executor shall deem fair and equitable. (F} The Executor shall be authorized to sell or purchase at the fair market value as determined by the Executor, any property to or from any trust created by me during life or by Will, even though the same person or corporation may be acting as Executor of my estate or as Trustee of any of my other trusts. (G) The Executor shall have discretion to determine whether items should be charged or credited to income or principal or allocated between income and principal as the Executor may deem equitable and fair under all the circumstances, including the power to amortize or fail to amortize any part or all of any premium or discount, to treat any part or all of the profit resulting from the maturity or sale of any asset, whether purchased at a premium or at a discount, as income or principal or apportion the same between income and principal, to apportion the sales price of any asset between income and principal, to treat any dividend or other distribution of any investment as income or principal, or apportion the same between income and principal, to charge any expense against income or principal or apportion the same, and to provide or fail to provide a reasonable reserve against depreciation or obsolescence on any assets subject to depreciation or obsolescence, all as the Executor may reasonably deem equitable and just under all the circumstances. If the Executor does not exercise the above discretionary power, the cash or accrual allocation shall be in accordance with Chapter 81 of Title 20 of the Pennsylvania Consolidated Statutes, or the corresponding provisions of subsequent state law. (H) If at any time the total fair market value of the assets of any Trust established or to be established hereunder is so small that the corporate Trustee's annual fee for administering the Trust would be the minimum annual fee set forth in the Trustee's regularly published fee schedule then, in effect, the Trustee in its discretion shall be authorized to terminate such Trust or to decide not to establish such Trust, and in such event the property then held in or to be distributed to such Trust shall be distributed to the persons who are then or would be entitled to the income of such Trust. l:f the amount of income to be received by such persons is to be determined in the discretion of the Trustee, then the Trustee shall distribute the property among such of the persons to whom the Trustee is authorized to distribute income, and in such proportions, as the Trustee in its discretion shall determine. ~_ ~!;~2~-y LAST WILL AND TESTAMENT OF GEORGE H. PLOUGH PAGE 6 (I) Except as otherwise provided in this Will, when the authority and power under this Will is vested in two (2) or more Executors or Trustees, the authority and powers are to be held jointly by the Executors or Trustees, respectively. A maj ority of the Executors or "Trustees may exercise any authority or power granted under this Will or granted by law, and may act under this Will. Any attempt by one such Executor or Trustee to act under this Will on other than ministerial acts shall be void. The action of one such Executor or Trustee under this Will maybe validated by a subsequent ratification of the act by a majority of the Executors or Trustees. SIXTH: Rights and Liabilities of Executor and Trustee. (A) No bond or other security shall be required of any Executor. (B) This instrument always shall be construed in favor of the validity of any act or omission by any Executor, and any Executor shall not be liable for any act or omission except in the case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any investment, the overall performance of the entire Estate shall be taken into account. (C) Each Executor shall be entitled to receive reasonable compensation for services actually rendered to my estate, in an amount the Executor normally and customarily charges for performing similar services during the time which he/she performs the services. SEVENTH: Tax Elections. (A) In determining the estate, inheritance and income tax liability relating tc- my Estate, the Executor's decision as to all available tax elections shall be conclusive on all concerned. I:n accordance with IRC Section 2632(a) and without regard to whether a Federal estate tax return is actually filed, my Executor shall allocate so much of the Federal Generation Skipping Transfer (GST') exemption amount as will fully exempt any generation skipping transfer which may occur under this Will. (B) The Executor may, in its discretion, determine the date as of which my gross estate shall be valued for the purpose of determining the applicable tax payable by reason of my death. (C) The Executor may, in its discretion, decide whether all or any part of certain deductions shall be taken as income tax deductions (even though they may equal or exceed the 1~ LAST WILL AND TESTAMENT OF GEORGE H. PLOUGH PAGE 7 taxable income of my estate and whether or not claimed or of benefit on my estate"s income tax return) or as estate tax deductions when a choice is available; and in the event that all or any part: of such deductions are taken as income tax deductions, no adj ustment of income and principal accounts in my estate shall be made as a result of such decisions. EIGHTH: Spendthrift Provision. No beneficiary shall have the power t:o anticipate, encumber or transfer his or her interest in the estate in any manner other than by the valid exercise of a power of appointment. No part of the estate shall be liable for or charged with any debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of a beneficiary. NINTH: Definitions and General Provisions. (A) Survival. Any beneficiary who dies within sixty (60) days after my death shall be considered not to have survived me. (B) Captions. The captions set forth in this Will at the beginning of the various articles hereof are for convenience of reference only and shall not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. (C) Children. As used in this Will, the words "child" and "children" shall include persons who are legally adopted and the issue of said persons, whether born in or out of wedlock, so long as any person born out of wedlock is acknowledged in a written instrument executed by the one of their natural parents who is a descendant ofmine to be the child of said descendant. The word'''issue" shall include descendants of all generations including adopted persons. A posthumous child shall be considered as living at the death of his parent. The birth to me or the adoption by me c-f a child or children subsequent to the execution of this Will shall not operate to revoke this Will. (D) Code. Unless otherwise stated, all references in my Will to section and chapter numbers are to those of the Internal Revenue Code of 1986, as amended, or the corresponding provisions of any subsequent federal tax laws applicable to my estate. (E) Other terms. The use of any gender includes the other genders, and the use of either the singular or the plural includes the other. ~ ~_ / ~~ LAST WILL AND TESTAMENT OF GEORGE H. PLOUGH PAGE 8 (F) Powers of Appointment are Exercised. By this Will I exercise any and all Powers of Appointment which I possess at the time of my death except any power of appointment which I possess under the Trust described in Paragraph FIRST (C), above. IN WITNESS WHEREOF, I, GEORGE H. PLOUGH, the Testator, have to this my Last Will and Testament, typewritten on nine (9) pages, including the Acknowledgment and .Affidavit, set my hand and seal this ~-~ ~ day of July, 2002. OR ~ H. PLOUG Signed, sealed, published and declared by the above-named Testator, as and for his Last Will and Testament, in the presence of us, who have hereunto subscribed our names at his request, as witnesses hereto, in the presence of the said Testator, and in the presence of each other.. Each of us further declares that he or she believes the Testator to be of sound mind and memory. The preceding instrument consists of this and eight (8) other consecutively numbered typewritten pages including the Acknowledgment and Affidavit. ., ~ .., (print nam ~~ . (print name) residin t ~~ ~~ ~~ ,,~ ~~' g a ~ ~-'~-~G i residing at ~u rY, ~ l 1 ~~ ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: The Testator and the witnesses whose names are signed and subscribed to the attached. or foregoing instrument, being first duly sworn and qualified according to law, do hereby acknowledge, depose and say to the undersigned authority, that the Testator signed and executed the instrument as his Last Will in the presence of the witnesses; that he signed it willingly or willingly directed another to sign it for him; that he executed it as his free and voluntary act for the purposes therein expressed; that each of the witnesses were present and saw the Testator sign and. execute i;he instrument as his Last Will; that each subscribing witness in the hearing and sight of the Testator signed the will as witnesses; and that to the best of their knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. Sworn to or affirmed, Testator and witnesses, thi ibed to, and acknowledged, before me by the above-named ~y of July, 2002. Notary Public My Commission Expires: I y. Nlntarial Caal