The URL can be used to link to this page

Home My WebLink About08-16-10Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of PHILIP E. FOX also known as ,Deceased Social Security No. 577-28-6521 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE "A" OR "B" BELOW:) [X] A. Probate and Grant of Letters and aver that Petitioner(s) is/are the EXECUTOR named in the Last Will of the Decedent, dated JULY 16, 1997 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 documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: B. Grant of Letters of Administration (d.b.n.c.t.a.: pendente rite; durante absentia; durante mirioritate) 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: Name Relationship Residence c~-•.y C~ r'' Tp ~ ~ ,, ~, . %\ ac a itiona s ee s i necessary. a ~_ --: Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his/her last farm or princi~ resrEt~r1 at 84 PLUM TREE CIRCLE, NEWVILLE, PA 17241. ~~; (list street, number and municipality) Decedent, then 89 years of age, died June 27, 2010, at GREEN RIDGE VILLAGE (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property ....................................... 9> 2,900,000.00 (If not domiciled in PA) Personal property in Pennsylvania ............................. g• (If not domiciled in PA) Personal property in County .................................. ~~ Value of real estate in Pennsylvania ........................................................... ~, Total ........................................................................... ~, Real Estate situated as follows: 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: Signature Typed or printed name and residence PAUL J. FOX 1725 20th Street NW # Al WASHINGTON, DC 20009 Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) and 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, Petitioner(s) will well and truly administer the estate according to law. Sworn to and affirmed and subscribed ~~ before me this ~ day of '~ ,~, ~. - 20~ ~~~~% ~~ ~. No. ~ ~- ~V ~ 'S~ ~~ Estate of PHILIP E. FOX Deceased Social Security No: 577-28-6521 Date of Death: June 27, 2010 AND NOW, - ~ , 20~_, in consideration of the Petition on the reverse side hereon, satisf ctory proof having been presented before me, IT IS DECREED that Letters (X) Testamentary ^ of Administration are hereby granted to PAUL J. FOX d.b.n.c.t.; pendente liter durante absentia; durante minoritate in the above estate and that the instrument(s) dated July 16, 1997 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters ........................... $ ' ~i ~ ~~ Short Certificate(s)......... Renunciation ................. . Affidavit ( ) ................. Extra Pages ( )............ Cod ici I ......................... . JCP Fee..... ................ .., H-~ b ~l f;~ f~ ~~ -~ $ ~ . (,5, $ ~ ~~) $ $ $ .~U $ ~ ~ c~~z~ Other.....l~U..!..~.1............ $ l ~ - C~ ~~ TOTAL ................ $ ~ ~ (~Z.~ ~~l ~ ~' r , .4 '' Regis~P~ ~WC. ~ 4 1 ~ -' ° ~~ ~ °~~ - a~ ~- ;~ ~ . ~-:w -:n ,-~-. Attorney . D. No: Address: 218 Pine Street, PO E3ox 886 Harrisburg, PA 17108-0886 Telephone: 717-232-1851 L - ,-~, ~~ c,'~ _;~ LOCAL REGISTRAR'S CERT11=1CATION OF DEA'TR V11,~1,RNING: It is illegal to duplicate this copy by photostat or photograph. ~t~t~ i`•>( this ~L~rtific.(tc~ `~~~1,t)I:; Certific~tt~un >`~~unj,t~f C7 -. ~ °' - ~ ~~ , _~ ~: ~~ ~~.. c=~ 'r~_ i-z-~, _--- ~~_ a _, : : , cs~, - -:, _ - , , _ ,r _ , _,.. ,~ -.~ ~~ _ ~y ~~~ C~"t y v w v z H705-143 REV 1112006 TYPE /PRINT IN PERMANENT BLACK INK -,1;;,;",~~~%„ I'17is i~ t~~ certify thin (the il~fr~rmation here .given is ~~~~,~F, --~-- y~~ currectl~~ +:~~plc;d ~tr(~)rl ;uj c)ri~inal Certificate ~~f Death ~,'o~l •~~ =~ duly filed ~~ith i~ie ;,)~~ i_,(rcal Registrar. The original ~' ~ ` ~ 2 ;~ ~~ ~~ '~~~~ e~~rtit~icat+;~ .,rill ~~ ft11-wti~rded tt~ th/. State Vital ~~ °I ~ y d~ iai h~.~cc)r(i~ C)pt icc f(+r 4~~'~~!«)~l.ncnt filing. ., ._ ` ~`• _ ~,t. 99rM _~~~;,,,, ~_Jt 1 2 120iG AA'' , , L~~ 1f~ai ~Zc~Tistr~~r Date [sued COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) ~r,r< <„ ~ ,,,,,,o~„ 1. Name of Decedent (First, middle, last, su8ix) Philip E. Fox 2. Sex Male 3. Social Security Number 577 _ 28 _6521 4. Date or Death (MOndt day, year) ~-~~~~ ~~ ~.y t~ _ 5. Age (Last Birthday) Under 1 ar Under 1 de 6. Date of Birth Month, da , ar 7. Birth ce C' and slate or forei coon 8a. Place of Death Check on one 8 9 Atontlra Days Hour Minutes 11 / 16 / 19 2 0 S y r a e u s e N Y Hospital: Other: Yrs. ^ Inpatient ^ ER / Outpatient ^ DOA ~ Nursing Home ^ Resklence ^ Other - Specity: ~fb. County of Death Bc. City, Boro, 7wp. of Death b ~ 8d. Fadlity Name (II rtot insdhdien, give sheet and number) 9. Was Decedent of Hispanic Odgin? ®No ^ 'Yes 10. Roca: Amedcan Indian, Black, Whits, etc. Cumberland oro West enns ~ r ~D G~ U t Yes, spedry Cuban, I?f Mexican, Puerto Rican, etc.) (Specil}~ whit e 11. Decedents Us u al Oc cu B at Kind of work d one Burin most of life. Do not slate retired 12 Wes Decedent ever in the 13. Decedent's Educadan (Spedfy Doty hlgllest grade cortlp lated) 14. Marital Status: Manied Never Martied 15 Sunivirg Spo use (If wife ive maiden name) t ~ ~ y~ d E l e c t ik5.`l: Ci `1 'Ond ~ Bees /'nduatry u.s-'""ned F°rcea? Elementary /.Saoorwary (o-12) co~aga n-a or s+) , , WidON'~' °i"0fC8d (s~'~"I . , g ~ u c i 1 e J e f f r e y IBM ~7 Yea ^ No L • 16. Decedent's Mailing Address (Street, city I town, state, zip code) 8 4 Plum Tree Circle Decedents Did Decedent Actual Residence , 7a. stela P A Live in a , 7c W h s t P e n n s b o r o ®Yes Decedent Lived in = T Newv i 11 e PA 1 7 2 41 , wp. Cumber 1 a n d Townshlp9 17d. ^ No, Decedent Uved within t7b. county Actual Limits of citylBoro 18. Father's Name (First, middle, IasL suffix) Glen W Fox 19. Mother's Name (First, middle, maiden surname) . Beatrice Everett 20a. Informant's Name (Type I Print) Lucile Fox 20b. Informant's Mailing Address (Street, city /town, state, zp code) 84 Plum Tree Circle Newville PA 17241 21 a. Method of Disposition r ^ Cremation ®Donation • 21 b. Date of Disposition (Month, day, year) 21c. Place of Dispositbn (Name of cemetery, crematory a other place) 21 d. Location (City/town, state, zip code) ^ Burial ^ Removal from Stale l Was Cremation a Donation Ardhorlxed ^ other - r by fAedkel F_xaminerlCoroner9 gl ves^ No 6/ 2 8/ 2 0 10 H u m a n i t Gifts R e i Y g S t r y P h i l a d e l h i e P A 1910 5 P 22a. Skptelure Funs nice naee (or rson acting as such) " 22b. License Number FD 13895 22c. Name and Address of Facility Egger F u n e r a 1 H o II ~ . ~ ~ L 15 Big Spring Ave Newville ~~ 1~ 141 Canplete Items 23ac Doty when codifying . To dte st of my a8t axurred at Ute tkne, le and place stated. (Signature and title) 23b. Licen s e Numbe r 23c. Date Si gned (MOnth, day, y ear) phyairaen b not available at tlme of death to cartHy cause of death. ~ ~ [, p ~ u, ~'~vVV ~'~ /~/ // 7 ~x ~ ~ / ~ ~~ ~ r ~ ~ /~ ~//~ ~u~ 7 ` • Gi; R V t tV t7~ O lJ V Items 24-26 must be completed by person • 2~p ppf~D~esth ` xjM ~ 25 raced Dead ( ,day, yea 26. Was Case Referred to Medical 6caminer / Caster for a Reason Other than Crematon or Donation? who pronounces Beats. ~ d "" /7 M. ~~ ~ ~ ~~ ~ ~ ^ No ^ Ves CAUSE OF DEATH (See instructions and examples) r Approximate interval: Item 27. Pan I: Enter the chain or events -diseases, injuries, or axnp6cetions -that direclty caused the death. DO NOT enter terminal events such as cardiac arrest i Onset to Death Pad II: Enter other sionificent conditions contdbutinc to death, but rwt resulting in the underlying cause given in Pad I. 28. Did Tobacco Use ContriltWe to Death? ^ Yes ^ Probabl respiratory arest a ventricular fibrillation wittwut showing the etiology. List only one cause on each line. r r IMMEDIATE CAUSE (Fi di y C~"'No ^ Unknown nal sease or condition resultin m death n n / ~ / ~ r 9 ) ' ^ ~ !` ' '~ 29. If Female: ~ a. t Vw /Y ll ( Gt ti,.e--, /Y~(f~ I^~Y~ ~ ~ ,~/i`e'_'s---s-~L%[.,...~ ^ Due to (or as a consequence of): .,J' , Iry1y list condi8ons, tt any, b. /M•'N..(~~' ~+r~.-~~•,~ ~~ 'G~~.z --• M b dte cause ksted on line a. ~~ ~ ~ e ea - ~ /`' a„~, ~~.~ Not pregnam wihin pest year ^ P nant at dine of death re9 UNDERLYING CAUSE Due to (~ as a consequerce f): r Ent r - ^ Not pregnant, but pregnant within 42 days (disease a injury that inNeted the c. ~tiT ~~ / t~.~~, ~ ~,L,~-r r evems resulting in death) LAST. r of death ^ Due to (a as a c rtsequertce of): r - Not re rat, but r ant 43 da to 1 ear P ~ P ~ Ys Y ' • d. r r - before death ^ Unknovm g pregnant within dte past year 30a. Was an Autopsy P 30b. Were Autopsy Findings 31. Manner of Death 32a. Date of Irtjury (Month, day, year) 32b. Descdbe How Injury Occurred 32c. Place of Inryry home, Farn Street Factory edamed7 Available Prior to Completion 0 Natural ^ Fiortridd , , , Office Building, eta (Spealyl of Cause of Death? e ^ Yes 0 No IIC~II ^Ves -cam No ^ Acddent ^ Pending Invesigetion 32d. Time of Injury 32e. Injury at Work? 32f. If Transportation Injury (Spscr7yl 32g, Location of injury (Street, city /town, state) ^ Suicide ^ Could Not be Determined ^Ves ^ No ^ Driver/Operator ^ Passenger ^ Pedestrian M ^ Other - Speciry.• 33a. Certifier (check Doty orte) 33b. Si nature and fl~ of Cemmer ? 9 • Certifying physcian (Physician certityirtg cause of deadt when anolfter physician has pronounced death and canpleled Item 23) ~ ,..~~~ ,.~~ /r 2 /x,~ To the best of my knowedge, death occurred due to the cause(s) and manner as statrM _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ ~ v r - 6 • Pronoundng and eertHying phyaiclan (Physician both pronourxwtg death and ortitying to cause of death) 33c. License Nu bar 33d. Date Signed (Month, day, year) To the best of my knowledge, death oceurred ai the Nme, dMe, and place, and due to the eauae(s) and manner as stated _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ ~i/• ~) 'I ~~ ~ • Medical Examiner/Coroner , ~" G) C% ~ l :~ / .~_ ~ ~ ~ O On the heels of examinatlon and / or Inveetigatron, In my opMion, death oaurred at fha time, date, and place, and due to the oase(s) and manner as stMed_ ^ _ J 34. Name land Addre of Person Who C~eted Cause of Death (Item 27) Type ! P rat ~ L 35. Registrars ore and Dis bt umbers - ~~~ I~ I C ICI I Ib l Date Filed (Month, day, year) J ! ~ %/ .S ~ ~ ~ ~ ~ l~ v s f- ~ , Dispositon Penntt No. ~. ll ~V `F' ~h ~7 r"". ^-~~ Y..~~ ~~- t~T'T .-___) RENUNCIATION -_-=~ ~~: . ~. _, ._-y.~ry :~~: _r~~ REGISTER OF WILLS ;o ~ ~-' ~. CUMBERLAND COUNTY, PENNSYLVANIA Estate of PHILIP E. FOX I, LUCILE J. FOX SPOUSE (Print Name) ~..~ r~~ ~` Cf "a C:i't '.. ~..:~ - _ - ..,~.~ ... P ' . . c~ ~ -~ ~~; c~ ~ ' Deceased in my capaci~.y/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 PAUL J. FOX (Date) Executed in Register's Office Sworn to or affirm d and subscribed before me this ^ ~~ ~~ day ofi ~ . ~ - ~ ~ ~ _ , . ~~ i' ~.:t ,.~,,, ~~ ~-~_ '. !' Deputy fir Register of Wills r s ignature) 84 PLUM TREE CIRCLE (Street Address) NEWVILLE, PA 17241 (City, 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 day of , _ Notary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) Form RW-06 rev. 10.13.06 f•.,~ ,. A 1 ~ ,a "_l ~ ' ~~~ 4 ~') I ~_? s 1 _- - ~ ~..J 4 LAST WILL AND TESTAMENT ~ .' ._, ~ t -.. .... ., - .....~ .,.. ~ _ .J .' '~~~ I, PHILIP E. FOX, of Newville, Cumberland County, Pennsylvania, bei~ig of sou~id ~~ ~ mind, disposing memory and full legal age, do hereby make, publish and declare this instrument to be my Last Will and Testament, hereby expressly revoking all Wills and Codicils heretofore made by me. ONE: I direct my Executor or Executrix, as the case may be, to pay all. c>f my debts, funeral and administrative expenses as soon as may be done conveniently after any decease. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reason of my death and all interest and penalties thereon with respect to all property composing of my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid by the Executor or Executrix out of the residuary of my estate as provided hereunder. TWO: My Executor or Executrix, as the case may be, may, at his or her discretion, compromise claims, borrow money, retain property for such length of time as he or she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as he or she may deem proper; and invest estate property and income without restricl:ion to legal investments unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good acid sufficient deeds and/or bills of sale therefor, in fee simple, as I could do if living. My =Executor or ~~~ Executrix is authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executor or Executrix. THREE. I hereby give, devise and bequeath all of my estate of every nature and wherever situate to be distributed subject to the following provisions: A. I hereby specifically give and bequeath the sum of Three Hundrf;d Thousand and no/100 ($300,000.00) Dollars to my son, PAUL J. FOX, absolute. In the event that my son, PAUL J. FOX, has predeceased me or disclaims this interest for whatever reason, then his share shall be distributed to his sister, JUDITH A. FOX, absolute. In the event for whatever reason my daughter, JUDITH A. FOX, has predeceased me or disclaims this interest for whatever reason, then this bequest shall be added to and held in trust and distributed in accordance with Paragraph Three F thorough Three L hereof. B. I hereby specifically give and bequeath the sum of Three Hundrf;d Thousand and no/100 ($300,000.00) Dollars to my daughter, JUDITH A. FOX, absolute. In the event that my daughter, JUDITH A. FOX, has predeceased me or disclaims this interest for whatever reason, then her share shall be distributed to her brother, PAUL J. FOX, absolute. In the event for whatever reason my son, PAUL J. FOX, has predeceased me or disclaims this interest for whatever reason, then this bequest shall be added to and held in trust and distributed in accordance with Paragraph Three F thorough Three L hereof. C. I hereby give and bequeath any and all personal property that I ma.y own at the time of my decease, including but not limited to any and all wearing apparel, je`velry, motor ~~ 2 vehicles, equipment, household furniture, books, pictures, silverware, effects of my person or any other personal property of whatever kind and whatever nature, to my spouse, LUCILE J. FOX. In the event that my spouse, LUCILE J. FOX, predeceases me or disclaims this interest for whatever reason, then all such personal property shall be distributed in equal shares to my children, PAUL J. FOX and JUDITH A. FOX, or the survivor of them. In the event that both of my children have predeceased me or disclaimed this interest for whatever reason, then in that event, any such personal property I hereby direct be given to my brother-in-law, LARRY Q. JEFFREY, and to my cousins, MARGARET R. LATORRE and RICHARD C. FOX, according to the respective ancestry of each. It is acknowledged that this distribution according to ancestry may not be equal in value to each person, however, it is my intent that any personal property heirlooms shall be given to my heirs or beneficiaries named herein who are descer,~dants of the family from which the personal property heirloom originated (i.e. Everett family, Fox family etc.). Any and all other items of personal property not related to any particular family ancestry shall be divided as the aforementioned heirs can jointly agree. Any such personal property items which remain after the above-mentioned division or which the parties are unable tc- agree upon its equitable division, then those items I direct be given and bequeathed to the PRESBYTERIAN HOMES, INC. for the specific purpose of being used for the benefit of Green Ridge Village, Newville, Cumberland County, Pennsylvania. D. Any and all interest which I may have at the time of my death. in that real property located within the State of Tennessee, I hereby specifically give, devise and. bequeath to CHARLES W. HEATH, JR., per stirpes, which provides that the child or children of any deceased child shall take the share their parent would have taken if living. ~~_ 3 y ~ . `~ ~ . E. Any and all interest which I may have at the time of my death in that real property located within the State of Missouri and within the State of Oklahoma, including any and all mineral rights associated therewith, I hereby specifically give, devise and bequeath to my brother-in-law, LARRY Q. JEFFREY, per stripes, which provides that the child or children of any deceased child shall take the share their parent would have taken if living. F. The rest, residue and remainder of my estate shall be divided by the hereinafter named Trustee into two separate trusts for the benefit of my spouse, LUCILE J. FOX, hereinafter referred to as Trust A (the Marital Trust), and Trust B (the Family Trust). G. Trust A, the Marital Trust, shall consist of all of my assets other than those allocated to Trust B, the Family Trust. H. Trust B, the Family Trust, shall consist of assets equal in value to the maximum amount, if any, that are necessary to permit my estate to use in full any federal estate tax unified credit which has not been claimed for distribution during my lifetime or hereunder after considering any adjusted taxable gifts and bequests by Will which do not qualify for the marital deduction and all charges to principal of the estate which are not deducted in computation of the federal estate tax of my estate; provided ,however, that the allocation of the I~ amily Trust shall be satisfied with assets as of the date of allocation or distribution; and provided further that any assets which do not qualify for the federal estate marital deduction shall be used first to satisfy the allocation to this Family Trust. I. From the Marital Trust, the Trustee shall pay all of the net income to my spouse, LUCILE J. FOX, in monthly or quarterly payments. My spouse also has the right to ~~ 4 receive from the Trustee all or a portion of the principal from the Marital Trust and to change the beneficiaries of this Marital Trust in my spouse's discretion. At the death of my spouse, the Trustee shall distribute the remaining principal and accumulated income of the Ma1•ital Trust as follows: a) Forty percent (40%) to be divided by the following charitable organizations as follows: (i) Fourteen percent (14%) of this share to MASSACHUSETTS INSTITUTE OF TECHNOLOGY in honor or memory of PHILIP E. FOX, Class of 1942, and in honor or memory of my son, PAUL J. FOX, Class of 1973, the latter with the degree of Electrical Engineer. (ii.) Two percent (2%) of this share to the Alumni Association of NORTHWEST MISSOURI STATE UNIVERSITY at Maryville, Missouri in honor or memory of LUCILE JEFFREY FOX, Class of 1941. (iii) Six percent (6%) of this share to YALE UNIVERSITY in honor or memory of my son, PAUL J. FOX, Class of 1969. (iv) Six percent (6%) of this share to CORNELL UNIVERSITY at Ithaca, New York in honor or memory of my daughter, JUDITH A. FOX, Class of 1972. (v) Four percent (4%) of this share to FIRST PRESBYTERIAN CHURCH of Wappingers Falls, New York, to be invested as the Session of that Church may direct, the income from which may be used for the annual local expenses of that Church including debt service. (vi) Two percent (2%) of this share to MISSION TREASURY SERVICES OF THE PRESBYTERIAN CHURCH (U.S.A.) for its "One Great Hour of Sharing" fund, or any equivalent fund then maintained or fostered by that organization. ~~ 5 (vii) Two percent (2%) of this share to the GRINNELL LIBRARY of Wappingers Falls, New York, to be utilized by that organization for general purposes and without restraint. (viii) Two percent (2%) of this share to the AMERICAN HEART ASSOCIATION. (ix) Two percent (2%) of this share to HOPE LODGE OF VASSAR BROTHERS HOSPITAL, Poughkeepsie, New York, or any similar successor organization, for its general purposes and without restraint. In the event that any organization named in subparagraphs (a)(i) throu.gh (a)(ix) of this Paragraph Three I. inclusive have ceased to exist and shall not have been succeeded by others within the spirit of the disposition, then such legacy shall lapse, remain in this portion of my residuary estate and be distributed pro-rata among the other remaining organizations in existence as of the date of my death. b) Sixty percent (60%) to be divided by the following individuals, if living, as follows: (i) The remaining sixty percent (60%) shall be divided upon a five (5) to one (1) ratio between my children, PAUL J. FOX and JUDITH A. FOX:, equally, or to the survivor of them the whole if one has predeceased me or disclaimed this interest for whatever reason, AND my other relatives, namely my brother-in-law, LARRY Q. JF?FFREY and my spouse's cousin, CHARLES BAYMILLER. Accordingly, my children, or they survivor of them, shall receive five dollars for every one dollar received by my named relatives, LARRY Q. JEFFREY and CHARLES BAYMILLER. Notwithstanding the above, the share received by my named relatives, LARRY Q. JEFFREY and CHARLES BAYMILLER, shall be divided on a G ~~~ three (3) to one (1) ratio with my brother-in-law, LARRY Q. JEFFREY, receiving three dollars of the named relative share to every one (1) dollar received by my spouse's cousin, CHARLES BAYMILLER. In the event that either CHARLES BAYMILLER predeceases me or disclaims his interest for whatever reason, then this interest shall pass to LARRY Q. JEFFREY, per stirpes, which provides that the child or children of any deceased child taking the share their parent would have taken if living. In the event that LARRY Q. JEFFREY shall predecease me or disclaims his interest hereunder for whatever reason, then his respective share shall pass to his children in equal shares, per stirpes, which provides that the child or children of any deceased child shall take the share their parent would have taken if living. In the event that both of my children, PAUL J. FOX and JUDITH A. FOX, predecease me or disclaim this interest for whatever reason, then the interest under this subparagraph L(b)(i) of this Paragraph Three shall be distributed in the following manner: • Forty percent (40%) of this share to the PRESBYTERIAN CHURCH (U.S.A.) FOUNDATION for the general purposes of the Foundation. • Forty percent (40%) of this share to be distributed pro rata among those residuary charitable organizations set forth in subparagraphs I.(a)(i) through I.(a)(ix) of this Paragraph Three. • Twenty percent (20%) of this share to be distributed pro rata to my named relatives, LARRY Q. JEFFREY, per stirpes, and. CHARLES BAYMILLER as stated in this subparagraph I.(b)(i) of this Paragraph Three hereof. ~~ 7 J. From the Family Trust, the Trustee shall pay all of the net income to my spouse, LUCILE J. FOX, in monthly or quarterly payments. The Trustee may distribute to my spouse such amounts from the principal of the Family Trust as provided hereunder, up to the whole thereof, as the Trustee, in his or her discretion, shall deem necessary or advisable to provide for the care, maintenance and support of my spouse, so as to support my spouse in my spouse's accustomed manner of living, provided, however, the Trustee shall consider any other sources of income available to my spouse when making payment hereunder. The Trustee shall, when requested by my spouse, pay five (5%) percent of the principal or $5,000.00, whichever amount is greater, annually to my spouse during my spouse's lifetime, but in no way shall the Trustee distribute more of the principal of this Family Trust to my spouse than. in the above amounts. This limited right to make withdrawals from the principal of the trust estate is noncumulative, so that an amount which might have been withdrawn during a particular year may not be withdrawn in any subsequent year. Upon the death of my spouse, the remaining accumulated income and principal of this Family Trust shall be distributed as follows: a) Forty percent (40%) to be divided by the following charitable organizations as follows: (i) Fourteen percent (14%) of this share to MASSACHUSETTS INSTITUTE OF TECHNOLOGY in honor or memory of PHILIP E. FOX, Class of 1942, and in honor or memory of my son, PAUL J. FOX, Class of 1973, the latter with the degree of Electrical Engineer. (ii.) Two percent (2%) of this share to the Alumni Association of NORTHWEST MISSOURI STATE UNIVERSITY at Maryville, Missouri in honor or memory of LUCILE JEFFREY FOX, Class of 1941. 8 (iii) Six percent (6%) of this share to YALE UNIVERSITY in honor or memory of my son, PAUL J. FOX, Class of 1969. (iv) Six percent (6%) of this share to CORNELL UNIVERSITY at Ithaca, New York in honor or memory of my daughter, JUDITH A. FOX, Class of 1972. (v) Four percent (4%) of this share to FIRST PRESBYTERIAN CHURCH of Wappingers Falls, New York, to be invested as the Session of that Church may direct, the income from which may be used for the annual local expenses of that Church including debt service. (vi) Two percent (2%) of this share to MISSION TREASURY SERVICES OF THE PRESBYTERIAN CHURCH (U.S.A.) for its "One Great Hour of Sharing" fund, or any equivalent fund then maintained or fostered by that organization. (vii) Two percent (2%) of this share to the GRINNELL LIBRARY of Wappingers Falls, New York, to be utilized by that organization for general purposes and without restraint. (viii) Two percent (2%) of this share to the AMERICAN HEART ASSOCIATION. (ix) Two percent (2%) of this share to HOPE LODGE OF VASSAR BROTHERS HOSPITAL, Poughkeepsie, New York, or any similar successor organization, for its general purposes and without restraint. In the event that any organization named in subparagraphs J.(a.)(i) through J.(a)(ix) of this Paragraph Three inclusive have ceased to exist and shall not have been succeeded by others within the spirit of the disposition, then such legacy shall lapse, remain in this portion d~ 9 of my residuary estate and be distributed pro-rata among the other remaining organizations in existence as of the date of my death. b) Sixty percent (60%) to be divided by the following individuals, if living, as follows: (i) The remaining sixty percent (60%) shall be divided upon a five (5) to one (1) ratio between my children, PAUL J. FOX and JUDITH A. FOX, equally, or to the survivor of them the whole if one has predeceased me or disclaimed this interest for whatever reason, AND my other relatives, namely my brother-in-law, LARRY Q. JF;FFREY and my spouse's cousin, CHARLES BAYMILLER. Accordingly, my children, or the survivor of them, shall receive five dollars for every one dollar received by my named relatives, LARRY Q. JEFFREY and CHARLES BAYMILLER. Notwithstanding the above, the share received by my named relatives, LARRY Q. JEFFREY and CHARLES BAYMILLER, shall be divided on a three (3) to one (1) ratio with my brother-in-law, LARRY Q. JEFFREY, receiving three dollars of the named relative share to every one (1) dollar received by my spouse's cousin., CHARLES BAYMILLER. In the event that either CHARLES B.~4YMILLER predeceases me or disclaims his interest for whatever reason, then this interest shall pass to LARRY Q. JEFFREY, per stirpes, which provides that the child or children of any deceased child taking the share their parent would have taken if living. In the event that LARRY Q. JEFFREY shall predecease me or disclaims his interest hereunder for whatever reason, then his respective share shall pass to his children in equal shares, per stirpes, which provides that the child or children of any deceased child shall take the share their parent would have taken if living. ~~ io In the event that both of my children, PAUL J. FOX and JUDITH A. FOX, predecease me or disclaim this interest for whatever reason, then the interest under this subparagraph J.(b)(i) of this Paragraph Three shall be distributed in the following manner: • Forty percent (40%) of this share to the PRESBYTERIAN CHURCH (U.S.A.) FOUNDATION for the general purposes of the Foundation. • Forty percent (40%) of thisshare to be distributed pro rata among those residuary charitable organizations set forth in subparagraphs J.(a)(i) through J.(a)(ix) of this Paragraph Three. • Twenty percent (20%) of this share to be distributed pro rata to my named relatives, LARRY Q. JEFFREY, per stirpes, and. CHARLES BAYMILLER as stated in this subparagraph J.(b)(i) of this Paragraph Three hereof. K. If any of my beneficiaries or heirs are under the age of twenty-five (25) years at the time of my death and inherit any assets hereunder by virtue of my death, the Trustee shall hold all of their respective shares in trust according to the following terms and conditions: Upon the creation of this Trust, the Trustee shall divide this trust principal intto individual shares in the name of each heir or beneficiary in the amount equal to the amount that said heir or beneficiary inherited hereunder. The Trustee and/or my representative, is hereby authorized to retain, unconverted, any property, real or personal, that I may own at my death and shall be under no duty to convert it into legal investments. The Trustee shall have the power and authority to sell, transfer, convey, invest and reinvest and to pay over the net income of the trust property, to or for the use of said heir or beneficiary, or to accumulate it in the sole discretion of the Trustee. 11 ~~ The Trustee is also authorized and empowered to pay over to, or for the use and benefit of my heirs or beneficiaries such portion of or all of the principal of the trust estate as in the Trustee's sole discretion seems proper for their support, maintenance, education, or medical care. My primary object is to insure the support, maintenance, education and medical care of my heirs and beneficiaries until they reach the age of twenty-five (25) years. However, notwithstanding the above, the Trustee shall have the sole discretion throughout the duration of this trust to distribute any of the trust principal or income for the benefit of any of my heirs or beneficiaries for any such purpose as the Trustee deems reasonable under the circumstances such as but not limited to the purchase of real property, tuition for further education or any other purpose whiich would in the Trustee's sole discretion advance the best interest of said heir or beneficiary. When each respective heir or beneficiary reaches the age of twenty-five (25) years, then whatever remains of income or principal of the said heir's or beneficiary's divided share under this trust estate shall be distributed to said heir or beneficiary, per stirpes, which provides that the child or children of any deceased heir or beneficiary shall take the share their parent would have taken if living. In the event that any said heir or beneficiary becomes deceased prior to the final distribution hereunder without leaving surviving issue, said deceased heir's or beneficiary's share shall be divided equally between all of the heirs and beneficiaries who are a part of this trust and dlistributed in accordance with this paragraph. For whatever reason there are no heirs and beneficiaries remaining as a part of this trust, then in that event, the rest, residue and remainder hereof shall be distributed in equal shares to the residual beneficiaries set forth in Paragraph Threes L. set forth directly below. L. In the event that my spouse predeceases me, dies simultaneously or if I have accumulated any other assets which are not being held in trust hereunder or under any written trust document executed by me during my lifetime, then in that event, I hereby give, devise and 12 dam' bequeath all the rest, remainder and residue of my estate under this Paragraph Three to be distributed as follows: a) Forty percent (40%) to be divided by the following charitable organizations as follows: (i) Fourteen percent (14%) of this share to MASSACHUSETTS INSTITUTE OF TECHNOLOGY in honor or memory of PHILIP E. FOX, Class of 1942, and in honor or memory of my son, PAUL J. FOX, Class of 1973, the latter with the degree of Electrical Engineer. (ii.) Two percent (2%) of this share to the Alumni Association of NORTHWEST MISSOURI STATE UNIVERSITY at Maryville, Missouri in honor or memory of LUCILE JEFFREY FOX, Class of 1941. (iii) Six percent (6%) of this share to YALE UNIVERSITY in honor or memory of my son, PAUL J. FOX, Class of 1969. (iv) Six percent (6%) of this share to CORNELL UNIVERSITY at Ithaca, New York in honor or memory of my daughter, JUDITH A. FOX, Class of 1972. (v) Four percent (4%) of this share to FIRST PRESBYTERIAN CHURCH of Wappingers Falls, New York, to be invested as the Session of that Church may direct, the income from which may be used for the annual local expenses of that Church including debt service. (vi) Two percent (2%) of this share to MISSION TREASURY SERVICES OF THE PRESBYTERIAN CHURCH (U.S.A.) for its "One Great Hour of Sharing" fund, or any equivalent fund then maintained or fostered by that organization. dam" 13 (vii) Two percent (2%) of this share to the GRINNELL LIBRARY of Wappingers Falls, New York, to be utilized by that organization for general purposes and without restraint. (viii) Two percent (2%) of this share to the AMERICAN HEART ASSOCIATION. (ix) Two percent (2%) of this share to HOPE ]LODGE OF VASSAR BROTHERS HOSPITAL, Poughkeepsie, New York, or any similar successor organization, for its general purposes and without restraint. In the event that any organization named in subparagraphs L.(a)(i) through L.(a)(ix) of this Paragraph Three inclusive have ceased to exist and shall not have been succeeded by others within the spirit of the disposition, then such legacy shall lapse, remain in this portion of my residuary estate and be distributed pro-rata among the other remaining organizations in existence as of the date of my death. b) Sixty percent (60%) to be divided by the following individuals, if living, as follows: (i) The remaining sixty percent (60%) shall be divided upon a five (5) to one (1) ratio between my children, PAUL J. FOX and JUDITH A. FOX, equally, or to the survivor of them the whole if one has predeceased me or disclaimed this interest for whatever reason, AND my other relatives, namely my brother-in-law, LARRY Q. JEFFREY and my spouse's cousin, CHARLES BAYMILLER. Accordingly, my children, or the survivor of them, shall receive five dollars for every one dollar received by my named relatives, LARRY Q. JEFFREY and CHARLES BAYMILLER. Notwithstanding the above, the share recE~ived by my named relatives, LARRY Q. JEFFREY and CHARLES BAYMILLER, shall be divided on a ~~~ 14 three (3) to one (1) ratio with my brother-in-law, LARRY Q. JEFFREY, receiving three dollars of the named relative share to every one (1) dollar received by my spouse's cousin, CHARLES BAYMILLER. In the event that either CHARLES BAYMILLER predeceases me or disclaims his interest for whatever reason, then this interest shall pass to LARRY Q. JEFFREY, per stirpes, which provides that the child or children of a:ny deceased child taking the share their parent would have taken if living. In the event that LARRY Q. JEFFREY shall predecease me or disclaims his interest hereunder for whatever reason, then his respective share shall pass to his children in equal shares, per stirpes, which provides that the child or children of any deceased child shall take the share their parent would have taken if living. In the event that both of my children, PAUL J. FOX and JUDITH A. FOX, predecease me or disclaim this interest for whatever reason, then. the interest under this subparagraph L.(b)(i) of this Paragraph Three shall be distributed in the following manner: • Forty percent (40%) of this share to the PRESBYTERIAN CHURCH (U.S.A.) FOUNDATION for the general purposes of the Foundation. • Forty percent (40%) of this share to be distributed pro rata among those residuary charitable organizations set forth in subparagraphs L.(a)(i) through L.(a)(ix) of this Paragraph Three. • Twenty percent (20%) of this share to be distributed pro rata to my named relatives, LARRY Q. JEFFREY, per stirpes, and CHARLES BAYMILLER as stated in this subparagraph L.(b)(i) of this Paragraph Three hereof. ~~ 15 FOUR. I make the following provisions pertaining to generation-skipping transfers: A. My Executor or Executrix, as the case may be, may allocate any part of my generation-skipping tax exemption which I have not irrevocably utilized during my lifetime in such manner as my Executor or Executrix shall determine. B. For purposes of fully utilizing my generation-skipping tax exerription if my spouse survives me, my Executor or Executrix may make the election provided for in Section 2652(a)(3) of the Internal Revenue Code of 1986, as amended (the "Internal Revenue Code") to the extent my Executor or Executrix has elected to treat all or part of the property passing under this will or under any deed of trust of which I am the settlor as "qualified terminable interest property" under Section 2056(b)(7) of the Internal Revenue Code. C. My Executor or Executrix may elect not to have the deemed allocation provisions of Section 2632(b) of the Internal Revenue Code apply to transfers made by me during my lifetime. D. To the extent that the allocation of any generation-skipping tai: exemption would not result in a particular trust being completely exempt from the generation-skipping tax, the Trustee shall separate such trust into two trusts, one of which is exempt from and one of which is fully subject to the generation-skipping tax. In the case of a trust which has not received assets at the time the exemption is allocated, the separation shall occur prior to any funding of the trust. A trust which is completely exempt from the generation-skipping tax shall be referred to as an "exempt trust" and a trust which is subject in any part to the generation- skipping tax shall be referred to as a "non-exempt trust". 16 (r ~~ E. If the Trustee separates a trust into an exempt trust and anon-exempt trust under the immediately preceding paragraph: (1) Any person who has a power of appointment with respect: to that trust may exercise such power differently as between the exempt trust and the non-exempt trust. (2) The percentage or fraction of principal that a beneficiary may withdraw shall be calculated with respect to the total principal held in both the exempt and non- exempt trusts. However, so long as there is any principal held in the non-exempt trust, to the maximum extent possible any withdrawal shall be paid from the non-exempt trust. (3) If the Trustee has the discretionary power to distribute income of a trust among "skip persons" and "non-skip persons" as defined in Section 2613(b) of the Internal Revenue Code, the Trustee may exercise such power differently as between the exennpt trust and the non-exempt trust. F. In making any distributions hereunder for the various beneficiaries my fiduciaries may allocate among such distributions assets which are exempt from generation- skipping tax equally or pro rata or on such other basis as they shall in their sole and absolute discretion determine, taking into account possible needs of beneficiaries for distributions of principal, possible appreciation in the value of trust assets during the lifetimes of the beneficiaries or such other factors as the fiduciaries consider significant. G. The Trustee may combine into a single trust two exempt trusts fo:r the benefit of the same beneficiary; similarly, the Trustee may combine non-exempt trusts fir the same beneficiary. p~ 17 H. No power to expend principal of an exempt trust for a beneficiary who is a "non-skip person" as defined in Section 2613(b) of the Internal Revenue Code may be exercised by the Trustee so long as there is any principal held in anon-exempt trust and in which the trustee has a similar power to expend principal for such beneficiary. I. In addition to all other powers set forth in my Will, if at they death of a beneficiary other than my spouse, including a person who becomes a beneficiary pursuant to the exercise of a power of appointment under my will, there is principal held in anon-exempt trust for that beneficiary and if in the absence of this power of appointment there would be a taxable termination with respect to such trust as defined in Section 2612 of the Internal Revenue Code, such beneficiary shall have the power by will containing a specific reference to this power of appointment to appoint any part or all of such principal outright to any one or more Hof his or her creditors and the creditors of his or her estate. Upon the beneficiary's death, to the extent he or she fails to exercise effectively such power of appointment, the Trustee shall pay to the beneficiary's estate or to the tax authorities an amount equal to any increase in estate., .inheritance and other death taxes, and interest and penalties thereon, payable because of the inclusion of the unappointed principal in the beneficiary's estate for tax purposes. The remaining ~unappointed principal shall be distributed in accordance with the terms of the trust. FIVE. The Trustee(s), as well as my Executor or Executrix, shall have th.e following powers, in addition to those vested in it by law, for my property held for the benefit of my beneficiaries, whether income or principal, exercisable without court approval and effective until the distribution of all property under the terms of the trusts set forth in Paragraph Three or Paragraph Four above: ~~ 18 The Trustee(s), at his, her or its discretion, may compromise claims, borrow money or retain property for such length of time as it may deem proper, sell lease, pledge, mortgage, transfer, exchange, convert or otherwise dispose of or grant option of all or any portion of trust property for such prices and on such terms in public or private transactions as it may deem proper; and invest trust property and income without restrictions to legal investments. The determination of the Trustee with respect to the advisability of making payments out of the income or principal to any heir or beneficiary inheriting hereunder shall be conclusive and binding on all persons howsoever interested in the respective trust. Further, the Trustee shall be authorized to receive additions to the respective trust of any kind or any property whatsoever from sources other than my estate and at any time in the sole discretion of the Trustee. SIX. I hereby nominate and appoint my spouse, LUCILE J. FOX, to be the :Executrix of this my Last Will and Testament. If my spouse has predeceased me, failed to qualif~~, renounced or ceased to serve as Executrix for whatever reason, I then appoint my son, PAUL, J. FOX, to serve as the Executor of my estate. In the event that he has predeceased me, failed to qualify, renounced or ceased to serve as Executor for whatever reason, I then appoint rriy daughter, JUDITH A. FOX to serve as Executrix of my estate. In the event that she has predeceased me, failed to qualify, renounced or ceased to serve as Executrix for whatever reason, I then appoint LARRY Q. JEFFREY to serve as Executor of my estate, with each said substitute personal representative having the same powers as are given to the original Executrix hereof. SEVEN. I hereby nominate and appoint JOHANNA JEFFREY to serve a<.~ Trustee of that trust set forth in Paragraph Three I. hereof. In the event that she has predeceased me, failed to qualify, renounced or ceases to serve as Trustee of the aforementioned trust fir whatever reason, I then appoint KATHERINE JUNG to serve as Trustee of the trust set forth i:n Paragraph 19 ~~ Three K. created herein. With respect to any other trust(s) created under this my Last Will and Testament, I hereby nominate and appoint my son, PAUL J. FOX, or if he is unable to serve for whatever reason, I then appoint my daughter, JUDITH A. FOX, to serve as the Trustf;e thereof. EIGHT. No Executrix, Executor, or Trustee acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. NINE. No person or persons shall benefit hereunder unless such beneficiary shall survive me for a period of at least sixty (60) days. TEN. No beneficiary may assign or anticipate his or her interest in any income or principal held or distributable hereunder; and no beneficiary's creditors may attach or otherwise reach any such interest. ELEVEN. The validity and administration of any trust established hereunder and any question or disputes relating to the construction or interpretation of any said trusts shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. [THE REMAINDER OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLAI~fK] 20 IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of July, 1997. (`,SEAL) PHILIP E. OX Signed, sealed, published and declared by the above-named person as and for a Last Will and Testament, in our presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set our names as subscribing witnesses. 21 R R ACKNOWLEDGMENT AND AFFIDA VIT WE, PHILIP E. FOX, CHERYL L. CLELAND and MARTHA L. NOEL, the testator and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his Last Will and that he had signed willingly, and that he executed it as his free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the Will as a witness 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. ~ ~~~ PHIL E. FOX ERYL L. CLELAN MARTHA L. NOEL COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND : Subscribed, sworn to and acknowledged before me by PHILIP E. FOX, the testator herein, and subscribed and sworn to before me by CHERYL L. CLELAND and MARTHA L. NOEL, witnesses, this ~_ day of July, 1997. to Public Notarial-Seal Jacqueline L. Drawba.ugh, Notary public Carlisle Boro, Cumberland Counter My Commission Expires Aug. 14, 1 g9,9 Member, fie; ~,-~yl~~ia,4s,~ation of Not<~i~