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HomeMy WebLinkAbout08-19-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, P~WNSYLVANIA Estate of Homer ~. Henschen File Number ?~1-10`'D $5'~ also known as Homer Henschen Deceased Social Security Number 284-26-8527 Leah R. Henschen 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 EXSCUtriX named in the last Will of the Decedent, dated 11/27/1991 and codicil(s) dated 1 A/~7/199d ~ State relevant arcumstancea, e.g., ronundetion, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution pf the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ^ B. Grant of Letters of Administration e c a_r _n_n a.' rs a' ure rrw Petitioner(s) after a proper search haslhave ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administration, at.a. ord.b.n.c.t.a., enter date of Wll in Section A above and complete list ofheirs.) r.a Name Relationshi Residence '° _:;~.~ ~:: --. i. !• (COMPLETE IN ALL CASES:) Attach addltiona/sheets if necessary. ~~ ... ~'rt Co Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last prinapel residence at 624 Belvedere Street. Carlisle, Carlisle, Cumberland, PA 17013 ~, (List stroet addreac, town6Gly, township, county, state. z1p code) Carlisle Regional Medical Center, Carlis~e, Cumberland County, Decedent, then ~~ years of age, died on 08/10/2010 at Pennsylvania Decedent at death owned property with estimated values as follows: (If domicled in PA) Ali personal property $ ~ 600,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: ~ Pfoner(s) respecffuly request(s) the probate of the leaf VNII and Codidl(s) presented with this Petition and the grant o L 1s in the appropriate form to Or Dnnterl name a Leah R. Henschen 624 Bel re Street Carlisle PIA 17013 Form RHYd7Z Rev. 10.13-2008 _ CopyrlgM (c) 2006 form soriwere ony The Lackner Group, Inc. ' Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } SS COUNTY OF Cumberland } The Petitioner(s) above-named swear(s) or affirrn(s) that the statements in the foregoing Petition are true and carre~t to the best of the knowledge area belief of Petitioner(s) and that, as personal roprosentative(s) of the Decedent, Petitioner(s) will well',and truly administer the estate according to law. Swom to or.affim~ed anal subscribed 63T ~~ ~~ ~,l srynaare aPersonal Reaesenravre Leah R. Henschs-n before me this ~~7~ .day of .G*'r a Signature of Persona! Representative Signature of Personal Representative or the register File Number: 21-10^~ ~'(S^$ Estate of Homer E. Henschen , Decr#ased Social Security Number. 284-26-8527 Date of Death: 08/10/2010 /fey r.y AND NOW, ~ ~ U"' ~ , in consideration of the for~ing ~Edtition~°atisfactory~e `~} ..n. r having been presented before me, I IS DECR D that Letters Testaments ` za `-"-' - ~ e--` ~.. r ~.... i are hereby granted to -~ ' ~ 4~ `~'~' ~ in ttie}~bo3~ and that the instrument(s) dated 11/27/1991 10/07/1994 ~ ~ ~ ~' ~~~ ~=- described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.`--? ' -'~ c`-r _~ ~ ~ cry CD FEES Letters .......................................... $ 460.00 Short Certficsate(s) ....................... $ 80.00 Renunciation(s) ............................ $ Automation Fes $ 5.00 JCS Fee ~ 3 23.50 IAlill S 15.00 Codicil 3 15.00 a 5 TOTAL ................................... a 598.50 P estate Supreme Court LD. No.: 21458 Sardis Sullivan Lar~r Address: 26 West High Stire$t Carlisle, PA i~ Telephone: 717-243-6222 ~~ Form RW-U2 Rev. 10.13-2006 ~ CopyripM (c) 2008 form saflwxe ony The Lacknx Group, Inc. Pege 2 of 2 Attorney Name: Robert C. Saidlsi< ~slg - - _ _ HJOS Rn~ gFV in1/n7~ 2I l~^Q~~ LOCAL REGISTRAR'S CERTIFICATION OF DEAiTH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 '1'tus is to certify that are inrormauon nere<grven is correctly copied from an original Certificate of Death duly filed with. m~ z~s Local Registrar. The original certificate will' h~ forwarded to ,the State Vital Records Office foriplermanent filing. P 1~53~686 ~~~_'. _ ~2ato; Certification Number Local Registrar ~~ Date Issued : ~ _ ~, o ~ ,, .'7 ~ -~ wee ~ c ~~ ' ? C . n--• ~ ~ ~ ~ ti.•7 f"~ ' ~ a Inot•,a ~ +utott ~~~TM of vtvx~u- . DEP~rtn~NT oR f~u.~t . vrru RECORDS I . iME, P7MF« CEFt1'IFlC/-1'E of f~TM, : ~ ~ (s.~ Imtr~wtlons end -~ram~ on nrwM) sree aF H<.~ i i.1w. pYe~rlM,rxrtYl ~e C. !~/J~U~lyv'v , Zlvl ~ 84 ~ 26- 8527.: ~ qq~rn~+~. /!O (~l~ a,`eFertat~rrf 1 1 araaa r. erba aCeri ~Y~ r~• ob. ~•• rr. Sept:. 15, 1927 St. Marys, OH ~„+ ^~/ Dos O ^Ibr~re ^a«- ~e.arltror6 -te.ar.erarw.aown - rlPnMliTerynalneAMrr~V~~reMrdrarM awr:WeMw+r~rp.rao~ynt' ~Ne IM Y+e. 4~Y Cw•n. r« laaee~or~wnfirnwir.wa.;re. ' ~4eeeM White ,..Cumberland S, Middleton 'l~rp. Carlisle Regional Medical Center ralarb P«b Neu~rU a /1.oorr- 1LNM Drrrt Mr b tr 1~, O1ee01r~ ~«A/« rrr ~~./~ ~P~4 1/. Nntll tlrs YaMtL.NM,I Yl~deer. OMaeM Rwetd ~ M taMfip SPriw Ir •b. M! arlln nM~ gldltMrrrlfir+rY grrwr- 8leetrical E in Manufecturin U:R M«l POb«Y Hrllrtrgl8eerld111'1419) ~De f1'1 a) ^r« p w +~+ Married Leah Rebok aor~rrar+o~a.~iw~r.rriia..wb,>~amaM ''' PA u~i.Y°`~°. """""""'° "aa'b rr 1x.^r«.o«wwi.w~eY r„a 624 Belvedere St. raeMp4 ua Oberland +M ~~ e +mc ~ Carlisle ~,/~, Carlisle, PA 17013 r w r ,, a,rrMSliiw~ln4.a++lLrtrdlMl tirrw.ra«Inet erganriertlaepb) - Fred Henscheh Al~ina r h ttr.l~AlPentYeMb(Pq.~Pwl Leah Henschen 9tl.fibr«feWigAYM ryrr.e,rr, req' liale, P 4 Belve e ~re t , ~ r 6 2 S 7013 tla YibdaPgeMm ~ QOaer« ^DOrWlon na o.rao4o+kn l-a~b.r+t dd w~ o~,,~~ pap p ~ +a y~. w +~ « n110II n- o D r~uner8l riOme ~ a py/bn r.,4~1 awr ^ ~~ ~~ ~ 2010 [7 Aug. 13 . ry rem a to rlisle, PA 17013 : , r« t~ h] ~, l1..el rite[«eed9 >Cm,tklmN~ea xtarYnerl~arerrP«~ Ho~~mat~-Ro g F ~~~ & ~~~ l ' ' ~matory, Inc, Ii I N. 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NererrAtllwdPr«nMMOaeorbaCr~aaMlpY a IPM . t 2G11GE bY 44 G 1 ~1' !C+'1Z ~v~ j r° ~ I (I~ I t I 0 I °"'dp1pi`i"''~ 1 + [ lt.{ L,. 7 1 Alpiniano Pintor oYpoerrl Paint Na`, '6 ~-'l~~„~ _ __ - _ - __ 1 _ _ ,~ CODICIL rr N ca OF ~0 ~-, _ , ~ y, , , ; tia HOMER E . HENSCHEN t~ ~~ ~ '~; t' ~ ~ -- r I, HOMER E. HENSCHEN, the within named Testat~i°'31~d.o der F__' a~'° -v -~~-° make and publish this Codicil to my Last Will and T~ament~dat~c C •'~ ~... r November 27, 1991. as FIRST I hereby amend the Third provision of said W~.11 to provide as follows: In the event that my beloved wife, LEAI# R. HENSCHEN, fails to survive me, then I give, devise aril bequeath my real estate located in Sea Isle City, Cape M~ County, New Jersey and other real estate located at 38 Ca~n~ridge Court, Carlisle, Cumberland County, Pennsylvania as flollows: A. One-half (1/2) to be divided as~''follows: (i) One-third (1/3) each to S~iARON DeVENNEY and NANCIE BOOTH, per stirpes; and '' (ii) One-third (1/3) to be d~~ided equally between ANDREA M. WARNER and ADDISO 'R. WARNER, or the survivor of them. Provided, however, that if any benefici~~y under this provision 3A of my Will has not attaih,ed the age of twenty-two ( 22 ) at the time of my death } !then I give, devise and bequeath said beneficiary'sl'share of my estate, together with any other propert -which may be added, unto FARMERS TRUST COMPANY, Carlisle, Pennsylvania, Trustee under the Last Will; ,and Testament of my beloved wife, LEAH R. HENSCHEN, on ',tthe same terms and conditions as contained therein. SAIDIS, GUIDO & MASLAND B. The other one-half (1/2) t'o'', be divided 26 W. High Saat equally among my children, DEBORAH SUBASf~I and DOUGLAS Car6sie,Pa. HENSCHEN, per stirpes. In all other respects I hereby ratify, confir~'~,and republish my Last Will and Testament dated November 27, 1991'~',together with this sole Codicil as and for my Last Will and Test~n~ent. IN WITNESS WHEREOF, I, HOMER E. HENSCHEN, have hereunto set my hand and seal to this Codicil to my Last Will and Testament this ,7 ~ day of ©~~ , 199~~ l Homer E. Hensche~n' Signed, sealed, published and declared by tYa~ above-named Testator, HOMER E. HENSCHEN, as and for the Codicil to his Last Will and Testament in the presence of us, who ',nave hereunto subscribed our names at his request as witnesses thereto, in the presence of said estator and of each other. ADDRESS ~~ w ' ~ ^~ ~ 8r"`~-" C'-~-;~e ~~ 170 ~3 ~~f ~j , ADDRESS ~~ W ~ H1~ ~anl~~~e . P~- l~3 SAIDIS, GUIDO & MASLAND 26 W. High Street Carlisle, Pa. ~~ _„ COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : We, Homer E . Henschen, Edward E . Guido and Tracie Myers, the Testator and witnesses, respectively whose names ale signed to the foregoing or attached instrument, being first djuly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as a Codicil to his Last Will and Testament and that he signed willingly and that he executed as his free and voluntary act for the purposes there,'i~n expressed, and that each of the witnesses, in the presence acid hearing of the Testator signed the Codicil as witnesses and that to the best of their knowledge the Testator was at the time 18';or more years of age, of sound mind and under no constraint or undue influence. Subscribed, sworn to and acknowledged before m~ by Homer E. SAIDIS, GUIDO, SHUFF & MASLAND 26 W. High Stmt Carlisle, PA Henschen, the Testator, and subscribed to and swortn or affirmed to before me by Edward E. Guido and Tracie Myers, witnesses, this day of ~~`~'~~'~ , 19 9 4 . !, I~~ ' otary Pub is NOTARIAL SEA4 gAWE pRIAR, Nonryl ~ ~ PA C~riisN Boro, Cumbert~ ~ ~ 1906 Mil Comntissior- Exp Tracie Myers, i ne ,a n __ _ _ _ __ N SAIDIS, GUIDO & MASLAND 26 W. High Strcet Carlisle, Pa. LAST WILL AND TESTAMENT r.a OF ~ Q ~'' ..;,. ~ c,~;- n ~_ n t;'~ HOMER E. HENSCHEN ~~ ~ I, HOMER E. HENSCHEN of Carlisle, Cumberland ~m~~~ -v Pennsylvania, being of sound and disposing mind, m~>~-~~~and ~ .. understanding, do hereby make, publish and declare phis as~aif~ for my Last Will and Testament, hereby revoking a~l~. other Wills and Codicils heretofore made by me. FIRST ,: r5 F-,- ,. Al -, -, ~~ I direct the payment of my just debts and exp~zyses of my last illness and funeral from my estate as soon aftt~r my death as conveniently may be done. If there be no cemetery~I~ot available for my interment owned by me at the time of my de~atth, I authorize my personal representative to purchase such cemetie~y lot with a contract for perpetual care, using therefore fundls'I,~rom my estate in such amount as he shall consider necessary and d~e,sirable, and I authorize my personal representative to cause title to or ownership of such lot so purchased to be vested ihls~~uch person as my personal representative shall designate. Further, I authorize my personal representat~v~e'to expend funds from my estate, in such amount as my personal~i~ representative shall consider necessary and desirabllie for the purchase, erection and inscription of a suitable ma',rker for my grave. SECOND ', I direct my personal representative to pay azhy~',liabilities which I have at the time of my death, including tho~~ joint liabilities I share with my beloved wife, LEAH R. HENSCHEN, from my estate as soon after my death as conveniently may be done. I authorize my personal representative to use the proceeds from any insurance plan I have at the date of my death payable to my estate and to liquidate any other assets as necessary to pay said liabilities. THIRD In the event that my beloved wife, LEAH R. F~EI~SCHEN, fails to survive me, then I give, devise, and bequeath my real estate located in Sea Isle City, Cape May County, New Je~rs~ey, and other real estate located at 38 Cambridge Court, Carlisle, Cumberland County. Pennsylvania to be divided as follows: A. One-half to be divided equally amonig''my Wife's children, SHARON DeVENNEY, NANCIE BOOTH and MARSHA WARNER, tii SAIDIS, GUIDO & MASLAND 26 W. High Strat Carlisle, Pa. per stirpes. B. The other one-half to be divided equajl'1y among my children, DEBORAH SUBASHI and DOUGLAS HENSCHEN,. per stirpes. FOURTH I give, devise and bequeath my Employee Savings and Thrift Plan from my employment at AMP in equal shares unto~my children, DEBORAH SUBASHI and DOUGLAS HENSCHEN, per stirpes. This bequest is contingent upon the beneficiary making electior~s'~necessary to exclude this asset from my estate for Federal Est~tie Tax purposes. If this asset, or any portion thereof, i~ determined to be includable in my estate for federal estate tai,purposes, then this bequest is void with regard to that porti~m that is includable in my estate for said federal estate taxlpurposes and - 2 - __ tl that portion shall be included in one of the trusts referred to in paragraphs Fifth or Sixth below. FIFTH If my beloved wife, LEAH R. HENSCHEN, survived me by thirty (30) days, I giver devise and bequeath to FARMERS 'RUST COMPANY, Carlisle, Pennsylvania, as Trustee of the Homer He~$chen Marital Deduction Trust an amount equal in value to (1) the unlimited federal estate. tax marital deduction allowable to my estate minus (2) the value for federal estate tax purposes of a1.1 items in my gross estate which qualified for the deduction and which pass or have passed from me to my wife in a form qualifying for the deduction otherwise than under this gift. In making the computations necessary to determine the amount of this pecuniary gift, values as finally determined for federal estate tax purposes shall be used. This gift shall be reducecl'by the amount, if any, needed to increase my taxable estate to the lar est amount that will result in no federal estate tax being g payable by my. estate, after allowing for the unifieid credit against the federal estate tax but no other credit, upon the "` following trust terms and conditions: A. During the lifetime of my beloved wifie, the SAIDIS, GUIDO & MASLAND Marital Deduction Trust shall distribute all of the net 26 W. High Street Carlisle, Pa. income of the Marital Deduction trust to my wiffe in convenient installments at least monthly. In addition, the Trustee at any time and from time to time may d~.stribute to my wife or apply far her benefit so much or alb. of the Marital Deduction Trust estate principal as, i$~ the - 3 - __ ~_ , __ - fl _ ___ "V SAIDIS, GUIDO & MASLAND 26 W. High Street Carlisle, Pa. Trustee's sole discretion, is sufficient to prpvide for my Wife's needs for health, support, welfare and maintenance in the standard of living to which she was accustomed at my death, taking into consideration any other soiu~ce of support (both principal and income) which my wife mad have to the knowledge of the Trustee. B. Upon the death of my wife, the Marital Deduction Trust shall terminate. Upon termination, any'net income of the Marital Deduction Trust which has not beem distributed to my wife shall be distributed to her person$1 representative as part of her general probate estate. The rest, residue and remainder of the Marital Dec~~ction Trust estate shall be distributed to my children, iz~ equal shares, DEBORAH SUBASHI and DOUGLAS HENSCHEN, per stripes. C. If my beloved wife's Will contains na contrary directions, the Trustee shall pay from the Marital Deduction Trust estate the entire additional death tax~es~ payable by reason of my wife's death, including any intez~est or penalties thereon, as a result of this Marital~Deduction Trust estate being included in her estate. D. It is my intent that the Marital Deducction Trust and the property comprising the Marital Deduct';ipn Trust estate shall qualify for the marital deduction''allowed by the federal estate tax law applicable to my esit~te. All questions applicable to the marital deduction $ift in this Marital Deduction Trust shall be resolved accordingly. To this end, the powers and discretions of the Tr>hstee with - 4 - respect to allocations of property to this Mairital Deduction Trust, and with respect to the administration'of trust during my wife's lifetime, shall not be exerc.~~ed or exercisable except in a manner consistent with my intent as expressed in this paragraph. The Executor shill make the election under Section 2056(b}(7) of the Inte~>nal Revenue Code to have the Marital Deduction Trust trea$~d as qualified terminable interest property. U SIXTH I give, devise and bequeath the rest, residue ,and remainder of my estate, unto FARMERS TRUST COMPANY, Carlisle Pennsylvania, .Trustee of the Homer Henschen Family Trust, upon the following terms and conditions: A. The Trustee shall distribute to my behoved wife, LEAH R. HENSCHEN, the net income of the trust at least monthly. SAIDIS, GUIDO & MASLAND 26 W. High Street Cazlisle, Pa. B. The Trustee(s) shall from time to timee' pay such sums from the principal of this trust to or fdr the benefit of my wife as may in the discretion of the Ttulstee(s) seem i necessary for her health support, welfare, andlmaintenance in the standard of living maintained by her du~~.ng my lifetime, taking into account such other sourcjes of support (both principal and income) which my wife may have to the knowledge of the Trustee. My first priority fpr the income and principal of this trust taken together is tlhe support, maintenance, and health care of my wife for lie. In determining whether any invasion shall be madel~or the - 5 - benefit of my wife from the principal of the Marital Deduction Trust or from the principal of this trust, such invasion shall be made from the Marital Deduction Trust as far as practical. No beneficiary of this trust shall participate as a co-Trustee in any decision under this subparagraph B. C. The Trust shall terminate upon the death of my beloved wife, and shall be distributed in equ~.l shares unto my children, DEBORAH SUBASHI and DOUGLAS HENS~HEN, if living, otherwise to their surviving issue, per stirpes. SEVENTH In the event that any beneficiary under this Will, including the beneficiaries under the trusts provided herein has not attained the age of twenty-two (22) at the time of!,my death, then I give, devise and bequeath said beneficiary's sh~a~lei of my estate, together with any other property which may 'be added, unto FARMERS TRUST COMPANY, Carlisle, Pennsylvania, IN CRUST, upon the following terms and conditions: SAIDIS, GUIDO & MASLAND 26 W. High Street Carlisle, Pa. A. To hold, manage, invest and reinvest '!the principal so received, and accumulation of income thereo'if, and to use, pay and apply the income and principal or so mluch thereof as in Trustee's sole discretion may be necessary for the maintenance, support, medical expenses and education of said child. B. The payments authorized by this trust', may be made by my trustee directly to said child, if, in tie sole opinion of trustee, he or she is of such age a>nd ability to - 6 - handle properly the funds so paid, or may be made directly to the person having custody and care of said!, child, or may be made directly to any institution entitled ~b such payment by reason of services rendered or to be rendered to said child. C. The amount to be paid for the benefi~ of said child shall be determined from time to time by the $~eed of said child, and the amounts and times of said pa~m~nts shall be determined by such need, provided that payments be made at least monthly, unless otherwise prohibited ab~,ve. D. All payments of principal and income ',hereby given shall be free from anticipation, assignment,. ledge or obligations of beneficiaries, and shall not b~ subject to any execution or attachment. ', E. All principal and accumulated income,'' not so applied, shall be distributed unto said child,~'~ per stirpes, when he or she attains the age of twenty-two (122) years or SAIDIS, GUIDO & MASLAND 26 W. High Street Carlisle, Pa. graduates college, whichever is sooner. EIGHTH No beneficiary shall have the power to anticipjate, encumber or transfer his interest in or to any trust estate !iin any manner other than by valid exercise of a power of appointment. No part of any trust estate shall be liable for or charged with any debts contracts, liabilities, or torts of a beneficiary o~ subject to seizure or other process by any creditor of a benef~.~iary. NINTH In addition to such other powers and duties as'~,may be - 7 - ~ , granted elsewhere herein or which may be granted bey law, the Executor and Trustee hereunder shall have the folliowing powers and duties, without the necessity of notice to or consent by any court: A. To retain in the form received, or tb sell either at public or private sale any real or personal property; B. To exercise any options to subscribelfor SAIDIS, GUIDO & MASLAND 26 W. High Street Cazlisle, Pa. stocks, bonds, or other investments; C. To join in any plan of lease, mortgage, consolidation, exchange, reorganization or fo>~eclosure of any corporation in which my estate or any gust may hold stocks, bonds or other securities; D. To sell, transfer, convey, mortgage,~pledge, lease or exchange any property, real or personal, which at any time may form part of my estate, for tY~e payment of debts or taxes, or for any purpose of administration or distribution, for such prices and upon suchlterms as my personal representative, in her sole discretion, may deem wise, and to execute and deliver deedls of conveyance or transfer thereof; ~~, E. To make settlements and compromises on such terms as my personal representative in her sore discretion may deem wise without the necessityllof obtaining any court approval thereof; ~' F. To make distribution hereunder eitherlin cash - 8 - __ - _ _ ~ _ - _ _ ,_. SAIDIS, GUIDO & MASLAND 26 W. High Street Carlisle, Pa. or kind, as my personal representative in her discretion may deem wise; G. To employ such brokers, banks, custodians, investment council, attorneys, and other agents, and to delegate to them such duties, rights and powe~~ as they may determine, and for such periods as they think fit; H. To register any securities at any tide in their names as fiduciary, or in the names of nomine~ffi, with or without indicating the trust character of thelsecurity so registered; I. With respect to any securities held Hereunder, to vote upon any proposition or election at any meeting of the person or entity issuing such securities, and',to grant proxies, dscretionary_or otherwise, to vote at any such meeting; to joint or become a party of any reorganization, readjustment, merger, voting trust, consolidatjon or exchange, and to deposit any such securities wlith any committee, depository, Trustee or otherwise, alnd to pay out of the trust created herein, any fees, expense's and assessments incurred in connection therewith; !to exercise conversion, subscription or other rights, and ito receive or hold any new securities issued as a result of any such reorganization, readjustment, merger, voting gust, consolidation, exchange or exercise of conversion, subscription or other rights and generally to take all action with respect to any said securities as could be taken by the absolute owner thereof; - 9 - ~_ ___ ~~ J. To make all necessary proofs of death under the insurance policies of which they are the beneficiary, to execute any receipts for the proceeds and to institute any action to collect said proceeds and to make adjustments of any claim thereunder, provided, however, that', they need not institute any action unless they shall have bleen indemnified against all expenses and liabilities to which they may become due subject as a result thereof. If, however, they desire to institute such action without indemnification, they are hereby authorized to be reimbursed fpr all expenses and liabilities incurred as a result thereof ~~om any amounts which may be held in trust hereunder then or thereafter; K. To exercise all elections which they!~rtay have. with respect to income, gift, estate, inheritance ~~' other taxes, including without limitation execution of jo'iz~ti income tax returns, election to deduct expenses in computing one tax or another, election to split gifts, and electibi~ to pay or to defer payment of any tax, in all events without their being bound to require contribution from any other person. TENTH SAIDIS, GUIDO & MASLAND 26 W. High Street Carlisle, Pa. I do hereby nominate, constitute and appoint my wife, LEAH R. HENSCHEN, to act as Executrix, of this my Last Wlill and i Testament. Provided, however, that if she is unwil~~ling or unable to act as Executrix, I direct the duties of Alteri~a~e Executor be performed by my children, DEBORAH SUBASHI and DOUCL~1~5 HENSCHEN. I ~ - 10 - ELEVENTH I direct that no personal representative, guaxdian, trustee or other fiduciary appointed under this instrument'~shall be required to give bond for the faithful performance!of their duties in any jurisdiction. TWELFTH SAIDIS, GUIDO & MASLAND 26 W. High Street Cazlisle, Pa. Unless the context indicates otherwise, any u$e of the masculine gender herein shall also include the fem~.nine gender. IN WITNESS WHEREOF, I, HOMER E. HENSCHEN, have hereunto set my hand and seal to this my Last Will and Testament, consisting of eleven (11) typewritten pages, the first ten (lm) of which bear my signature in the margin for identification, this a ~ ~ day of /~~''~ , 1991. omer E. Hensc n Signed, sealed, published and declared by the above-named Testator, HOMER E. HENSCHEN, as and for his Last Will and Testament in the presence of us, who have hereunto subscribed our names at his request as witnesses thereto, in the presence of said Testator and of each other. ADDRESS ~ ADDRESS ~, _, a 6 G~ ~~ ~' Ca,,.,Cc-sly ~'~ 1 ~ / 3 -~_~ COMMONWEALTH OF PENNSYLVANIA: S5 COTiNTY OF CUMBERLAND We, HOMER E. HENSCHEN, EDWARD E. GUIDO and JO~iNNA J, DEILY, the Testator and witnesses, respectively whose names are signed to the foregoing or attached instrument, being firfit duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Wil~. and Testament and that he signed willingly and that he executed ~s his free and voluntary act for the purposes therein expressed, end that each of the witnesses, in the presence and hearing of tie Testator signed the Will as witness and that to the best caf~their knowledge the Testator was at the time 18 or more gears of age, of sound mind and under no constraint or undue inf~.uence. Homer E. H SAIDIS, GUIDO & MASLAND 26 W. High Street Carlisle, Pa. Edward Guido~'Witness u~-. John J. Deily Witness Subscribed, sworn to and acknowledged before ~~ by HOMER E. HENSCHEN, the Testator, and subscribed to and sworn or affirmed to before me by EDWARD E. GUIDO and JOHNNA J. DELL~,~ witne~se8, this a~~ day of ~ 1991. _ , Notary YuA11C ~'~' ®z.~, i~~JT~ "~r,t S«? ~;P~d~'i L. i.FP:i~', ftiGTfi.AY Pv°~IIC C':>E.IS: t?~ ~.J., CJ",fi~'ERL~'~l~tG, CAII~YTY Gait t;Ci~~s'3551C~d "ctt'1~?E3 FEai~ilApY 20, 1993 i _i__ __