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HomeMy WebLinkAbout10-14-10PETITION FOR PROBATE AND GRANT OF LE'T'TERS Estate of ERNEST S. BURCH, JR. also known as Register of Wills of CUMBERLAND County, Pennsylvaniia File Number ~ ~~ ~ I -1 ~ - [ ~~ `~)~ Deceased Social Security No. 135-32-7997 Petitioner(s), w!w islare IS yenn 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 the EXECUTOR named in the Last Will of the Decedent, dated 10/22/2007 and codicil(s) dated N/A (Slate +r/evunl circumslunces, e.g., renunciulion, death ojexeculor, elc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instruments offered for probate; was not the victim of a killing and was never adjudicated incompetent: none B. Grant of Letters of Administration (lf apPlicnble, enter: c.t.a.; d.b.n.c.t.a.: pend~rote lire; durance abu;ntin; dwante minoritate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (ifAdministration, c. t. a. or (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. - - • ~'y Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his/her last principal residen6e~t 678 ST JOHNS DRIVE HAMPDEN TWP. CUMBERLAND COUNTY, PA., 17011__ aiststreetaddreas,t~Wn~city;toWtt,niP,~nnty,st~te,uPcode) Decedent, then 72 years of age, died SEPTEMBER 16, 2010, at 678 ST. JOHNS DRIVE, HAMPDEN TWP., CAMP HILL, CUMBERLAND COUNTY, PA. a,cx;atien) Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ ~ ~ ~~ ~~ - '" (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 00. 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: Si nature T ed or rimed name and residence PNC BANK, NATIONAL ASSOCIATION Ms. Bessie L. Nolf Estate Settlement Administrator _ ~' ~ ~~ ~„ ry Wealth Management PNC Bank 248 Seneca Street Mail Stop: P4-M022-03-1 Oil City PA 16301 'arm RW-02 rcv. 10.13.06 October 13, 7A]OF:\RCS\WP CLIENT A-Z\BURCH 1R. ESTATE\ALL DOCUM lO.DOC Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are 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 esta'ie according to law. Sworn to or affirmed a;,d subscribed I before me the ~ l" ~ day of Signature ojPersonal Representative - %L. i ~ `' ~' ~ ~ , ~~ 1,' ~ ' Signature of Personal Representative r.~ ~_.: c:Ws For the Register Signature of Personal Representative ' ~ ', ';---~ c~ ~~ _. .~ - - -;- ~ - f ., File Number: ~ ~ - ` V ~ ~ U c )~ ~,, , ~ , ~,~ r-,, Estate of ERNEST 5. BURGH, JR. ,Deceased r...r Social `Security Number: 135-32-7997 Date of Death: SEPTEMBER 16, 2010 AND NOW, 1 1(. 1U~_,-~ t 4 `-'[ , ^~ ~ ~ ~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters TESTAMENTARY are hereby granted to PNC BANK, NATIONAL ASSOCIATION in the above estate and that the instrument(s) dated OCTOBER 22, 2007 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ............... _ -~. $ ' '. Short Certificate(s) ........ $ ~ ~ (; - ~ ~ ation(s) . , ..... Renur c $ : ; : ~ ~ t ` 6 ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. ~ ~i . ~ ~! ~8:80- $ ~ ~ ~ - Supreme Court I.D. No.: 6248 Address: BOX 845 HARRISBURG, PA 17108-0845 Telephone: ~(~ ~~_ l= Form RW-02 rev. 10.13.06 Page 2 of 2 Attorney Name: ROBERT C. SPITZER % WIX„ WLNGBR WEIDE C~A~. RE~;ISTRAR'S ~ERTI~~ATIC~N C~~ DEAD°~~ ~~'~.~,~iNIN~. it i~~ illegal to dupla+cat~~ t~~is c~:sP~ ~a,R ~r~~Oto~tat trr ~aht~t:~ac~ra~.~;'h, , j'i ..~,. (t~, l~ll~' i~1~1111 Si. ally. ~1ti ', !!= ~_-__1.6~2~~~~ __ { ~'lllfl"ill(~il ~~tilS (~„ H r 111 t-? ~ . ( ~ ~ ;' i ill' Ell tltl`Il~<IltUil ~lctt 'i~ ;`i~ ; t " ~ r~~~ ~ ~ ~ ~~ tt ~~, ~i~i..~ ~ ti l~' l` C (~ ~ r, •~~ ,a 1~ Illa~ ~ ti ltitJl llt' a)~ ~)t .t~~~ ~ ~~^ ;tt~, ;: , 1M~ ~il~..~ ~ I,I~ :~ ,i.ri, Il~~~l~tl~_lr. "f l~l~~ ~ lrr~i.)?~)! <~~~ ~ dal ~ 1'6.'+~ ~~..ll; yy ~~ ;; E ~~.tl~r,..t. ll, !~ ~\(...~. r. ri :A, ~?.'l.'fi 't ~~`^ d~,! )°. ~. P ~u~ Iii 1'.. I~.lll. l~l `llill~.. - ,•, ~. 4~~..,,, ,. ~r~~~~Tk '~~+.e~~t~y~ ___ __ __. .-_ _. __._..__ --- ~ ---~ ~ ~-- .ry ` ~ , ~` ~ ~ 1.'~ ~.t~.tl ~ 1 ~t _ . `fit C? .. .T ,. ., ~^ - - .,. ...".~' ~^*~ ~ fem.. - :~ - 1-r ; ---- 1. 1 ~`r ,~- _., .... ; ;1 ..;~ ~.r_ , _' ..~. . .-~.-~ ,~,,,, ~ y= i~~.~~ ~.o IHt05 tLt REV 1112006 TYPE PRINT IN PERMANENT BLACK INK Jl'~ 7 7 /. n w 7 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS L„°"'; CORONER'S CERTIFICATE OF DEATH {See instruC4lons and examples on reverse) STATE FILE NUMBER Name d o.aoere (fox mtaae. Wst, sotto) 2. sea 3. S«ta1 only ^ ~~~ ~ s. Dar eowlh (Harm, say, yarl Ernest S Burch Jr. Male ~ ~. - 3 L 5. Aga (Last Bemdayl Under t yw tlrtder ,day 6. oat. d Bum (Moan. ) 7. eYttrfllaa (~ and Wr « aanVY) ea. Pao. d Dean (Chedt Dray one) raven an rroua serwas Moeprtal: Otltec 7 2 Y ~ A r i 1 17 19 3 8 NEW HA /E~l C T. ^ irpatwrt ^ ER / outpatwm ^ DOA ^ Nursvtg Hans RasWence ^otlrr - spear BD. County d Dean &. Crry. Boro, wp. beam 80. Faatlry Name (tl nd napu0on, gtw sbeN and nnoat 9. Was Decedent d Htspar,c Ortgin? ©No ^ Yos 10. fiats: Mrncan YeLn. Brck WltM, eta Cumberland Ham den 678 No h (u yes. spay CtrDart, Mewcart,PuertoRtcan,MC.) lSpeNY) V~NITE 11. Decedents Usual tton Kind d wont d one most d Me. 0o nq srle 12. Wa Deaden ever in tlr 13. Decedenys Educator (Sperry only MgMN grade cornpl eledl t1. Marital Srtw: Maned. Never Martwd, 15. Surviving Spo use (tl rode, llYe ntarden name) Kind d Work Kind d Business i kidusay U.s. Armed Forces? ~t Elemenury / SecdrWary (0.12) Colrge lt-4 or s.) S widowed. Divaad (s>*rM i + ~ER l~l£ /N~Lf~S /,1AITHROPOLO 'isT- SciEacE ^Ya {p1 No + MARR ~ r H t6. Decedent's Mitring Addreu ISbeet, ray r town. stab. tp Dour) DeirdMtCs Did Decedent DeGdMa Uved in HRr-1 P D Ent Tay PA. 17c ~ YM R 7 S (~? S N. ,ST. SoHnr rS R D. , W? . . aidetta t a. ar Aawl CAr+rIP KILL s~. /701/ t7ecouny CuM8Ea1.A~9 t7d.^~ a.dw.wt clyie~DA 18. FatMr's WartN IFrst, rtWde. rsL suKi:) 19. MdMr's Name (First. nWde, mai0en sirrtante) ~R+JEST S. FS~RCN SR. ~LSj~ LiiLLARD 20a. btbrmaa's Name (Type I Pnnt) 200. itlortnare's Maiirtg Address (Street, cM /tam, state. zp rode) ' ' ~ ~i£R~JNE M. $vRCµ tOll i4. 1 S RD. CArMP FIIL~ (078 N. ST• .ToNN 21 a. Metttod d DrWOSrbon ®GM1i0p, ^ pp,Vp, 2tD. ogle d Dispositon (Haan. my, rear) 21c Piece d Duparbon (Name d cemMery, aertwory a otrrr pat.) 21d. lagoon (city; tam. star. rip code) ^ eirw ^ Rertioval from Srr j Yree CrentMbn or Dartlon AilYaAsed ^ Darr - sv.rary ; w wdlw ExamNw / corortM? res ^ rb SEPT..2l ~o I O ~ EVi411/s t^jQFA1A T rOw) SER d r c t DD SC W ^ tEFF E Rs Tp W w) ~fa4 11 e 22a d funeral Service Lrrer>see la .ppryxarq as wcn) 22D. Lkense Nurturer me and Address d FaciMty 22c . Na s/ - K/`-1!//~.,L~_ O f ~ ~ ~„ L . L /~i.ic.C. F'v~tAE'p,~ S.Jt . 3 `Fd ( /vt A R K E'1' S T. C'i4 yrt ~ H i ~ L P4 170 ~ r< Cantprq tlerrm 23at qtly wMn aroA'n9 23a. To dr oast a my wtowrdge, deem oixurted at tlr tnr, der and pace sated. (Signatwe and Intl 230. l.rcense Number 23c. Dar S5Y1ed IMOnm. ary. yiner- pttysinari is not avarVble al onto a dean to tersfy rouse d dean. nerrn 2426 nrrp W amperd DY person 2a. 7rrw d Dean 25. Oar Proriarx,•ed Dead lMonm. day, Year) 26. Waz Case Relemd b Medical Eumrrr r Cornier for a FMason Otlrr man Crrrtetrai a Dixrtlprt? wrt0 prortoirtces dean. A X M. ~YeS ^ NO CAUSE OF DEATH (See inetnretbne and etamples) i Appmsmute utlerval: Pan 11: Enter otlisr 28. Did Tatrao Use Ca*Ow b Oeem? rem 27 Pan I: Farr tlM CJ)an a warr<s -diseases, vywrs, a cargicaaats - tlW directly caused tfr dean. UO NOT seer terrtwW evens such as carder arrest. i Onset to Deam but rat resoling n tM urtdenyirtg talus groan n Part L ^ Yes ^ Probepy respratory arrest, a ventricWar fOrdlaoort wMpA stawirp the ebobgy. lint sty orr cause an nrlt kie. ~ r ^ ~ ^ Ur~Jioen co~O nA ~y n I roll disease a i deem ~ a. Gunshot to Head i - z9. ifF"ror: ^ Dw to la az a conseiiueria oft: ~ r ~ P~~ estlen ~ 1~ ^ Pre~rtl Y MN d deem Sepueroatly W ipltdibrl{. A D. ' ~ to tlr cause Wrd an Y rw a. ~~ i SE Ow to (a as a conseq,wrrs oq: r Enrr IN~EIILYIN G C A U - Na ba ieiiit tt ^ pgwA pregrrM days ~ va at e p resai~g n d~eatnl LA57~ c. i - d ~ Oue Io (a as a consequence al: i ^ Pbl prgwtl, Dta prgwtl q drys b t year tietan deem d. ~ ^ litleiosm / pregwa eiitst M pstR ysr 30a. Was an Autopsy 300. Were Autopsy FnOngs 31. Manner a Deam 32a. Oar d oN+rY (MaWt, day, yearl 32D. DiistrtW Mow Nyury Occurred 32t. Pre d lrMe1' nonr. farm, Stleel Fsr<tory, Pertartied? AvailaDie Pnor Io Cattplwion acai,e.aD.wt? ^~ ^ Se t. 16 2010 Self Inflicted Gunshot-Lon Gun OlTia Butldrq, Mi:. (SPeoY)'1 ^ Yes ~ No ^ Yes ~NO ^ Accidern ^ Pandvg Investigation 32d. 7me d Irgiry Ap r X . 32e. Iryury a Wak? 321 I1 Tranaparotion Inpxy ispeayl 32g. t.ocatiori d kMay (StnM, aY / toss. srrl Suicide ^ Couo Na W Delemwiitd 7 : OO P . M. ^ vas ~NO ^ Dnvar ~ operator ^ Passenger ^Pedestnan otn« spar, orth St. Johns Drive, Cam Hill PA 33a. Cerrrtier tawdr onry awl 33D Sgnalure era Tde d ~WyNW ptryeicwi IPtrysiaari cerbyrg cause a seam wrtert ariWwr piysiatri nee pratoaxaed seam and iwrrplMW IIMn 23) 1 - ram.nwamywwwrage,dwm«cwredauwn,.twee(a-anamwrrrerr~-------------------------------- ^ - . -- `r~_ oner • Pronairieitg and iantilyirq pnyeiaart IPnysiciart Dan pronourcunq gam and cendyrg b cave d deaml T d b t a l rd ^ 33c ~Kense NiuriDer 33d. Dw Sigrrd IMOnm. say. yon o ie my ifiow a ge, deeds oeciwred » tlr time, OMs, aria pre. and dw b tM ewee(s) and nienw r errd- - - - - - - - - - - - - - - - - - • McNCMEaamnMyCaontM On dr bass a etcMtiYiMrn and ! a n , n my opition, deem oearred M tlr Wrr, dal, end pre, and dw to tlr tetra(s) an0 nieivw as stated_ September 17, 2010 T e ~ Pnnl i Wn 27 lt A d P C d O m yp ) o em 34 Name and erw ea ddress ompMnq Caiae I , R Todd C. Eckenrode, Coroner e~'r s {~ (~~ ~~~{~ Fei01 ~/0' 6375 Basehore Rd. , Suite l~l / Diepoenion PemM No. ~ s-7" 1F ,y ~~z.~ LAST WILL AND TESTAMENT OF ERNEST S. BURCH, JR. I, ERNEST S. BURCH, JR., make this to be my Last Will and Testament, and I hereby revoke any previous Will. ,_.. ~~ :-~ FIRST: I direct my Executor to pay all my last illness and #`~eral -- expenses as soon as convenient. -`~' f; -~~ _` SECOND: So long as this does not duplicate a like gift in any trust k ~h:~~~e created: .. -, I give and bequeath my anthropological library of published and "gray literature" material, including but not necessarily limited to, books, journals, pamphlets, articles, and reprints to The Arctic Studies Center, Anchorage Museum Of History And Art. ~~~ ~m~ ._., .~-'"' -;~ °.~ ~~ ,..~ r ,. -~ :.~ ~ ._ .~ _; ,; ~.~ __ `_ _; _._ ;~, _, z I give and bequeath my materials of Charles V. Lucier: to a preexisting "CHARLES V. LUCIER (B. 1926) PAPERS" collection in the Archives and Manuscripts Department, University Of Alaska Anchorage, Anchorage, Alaska. give and bequeath my anthropological research collections, including but not limited to maps, manuscripts, card files, typewritten and handwritten notes, diaries, theses tape recordings, photographs, sketches, records of professional activity, private correspondence, and computer records (exc pt for the raterials in the directory "ADMIN.PERS," or other similar material) including but not limited to any and all copyrights (whether as to reproduction, derivative work, distribution of copies, performance display or the like, as set forth in Title 17 of the United States Code), and rights in the nature thereof or related therel:o, to the Alaska and Polar Regions Department, Elmer E. Rasmusen Library, University Of Alaska Fairbanks, Fairbanks, Alaska, subject to the following restrictiions and further directions: (a) All manuscripts, maps, card files, notes, photographs, tape recordings, records of professional activity and private correspondence, shall be known as '`THE PAPERS OF ERNEST S. BURCH, JR." (b) All field notes included in (a) that contain personal information that might possibly be embarrassing or otherwise damaging to the subjects of my research or to their immediate descendants are not to be made available to researchers or other interested parties until ten (10) years after my death. Materials covered by this restriction as to availability are scattered throughout the files, but identifiable concentrations of pertinent material include the following: ~~ ~,8~,- , (1) All non-white 5 x 8 inch file cards; (2) Everything in a letter-sized folder titled "1964-65 Relationship Data", with individual entries having the form (year) (x):(number), which notes consist of a transcription of much of the information indicated under (1); (c) the following materials are to be held and distributed and maintained as follows: (1) materials of David Libbey: to a new collection to be known as "THE PAPERS OF DAVID LIBBEY." (2) materials of Charles Sheldon: to the pre-existing "OQUILLUK LEGACY COLLECTION." (3) materials of Robert and Marietta Spencer: to a new collection to be known as "THE ALASKA FIELD NOTES OF ROBERT FRANCIS SPENCER AND MARIETTA ELIZABETH SPENCER." (4) materials of Froelich Rainey: to the preexisting "PAPERS OF FROELICH RAINEY COLLECTION," University of Alaska, Fairbanks. [note: some of this material duplicates documents already in the collection, some does not.] (5) materials of Elizabeth Andrews: to a collection to be known as "THE PAPERS OF ELIZABETH ANDREWS." (d) As to the "KAWERAK SHISHMAREF COLLECTION": documents in the box labeled "master set" should be destroyed. Subject to the aforesaid directions and restrictions, all books, jjournals, pamphlets, reprints and other published materials may be incorporated into the general collections of the Library, or otherwise disposed of, as the Library's administrators see fit; (e) My Executor shall pay such reasonable costs and expenses as required to gather and ship the items described above to the University of Alaska, or The University Of Alaska Fairbanks. If the Rasmusen Library, University of Alaska, Fairbanks, does not accept this bequest in accordance with these terms and conditions, then my Executor shall dispose of such property as my Executor deems most appropriate, considering all then relevant circumstances. THIRD: I hereby give, devise and bequeath any shares of stock, common or preferred, or interests in the nature thereof owned by me at the time of my death in The Seven Trees, Inc., a Private Foundation, and shares of any kind nor nature I own in "Beaumaris Land Company," absolutely and free of trust, to my beloved Wife, DEANNE M. BURCH, but if she does not survive Settlor, then in equal shares, to my children, KAREN E. BURCH, SARAH D. MILLER and DAVID S. BURCH, or the survivor of them, so long as this does not duplicate a like gift in any trust I have created. 2 I hereby bequeath to my secretary, LOIS MYERS, the sum of $2,000.00 multiplied by the number of years she has worked for me, beginning with the year 1980, so long as this does not duplicate a like gift in any trust I have created. FOURTH: Except as I may have provided in a memorandum signed by me and kept with the original of this Will or with my copy thereof, I give and bequeath all of my remaining tangible personal property including all insurance policies thereon to my Wife, DEANNE M. BURCH, if she survives me by thirty (30) days. If my Wife, DEANNE M. BURCH, does not survive me by thirty (30) days, I give and bequeath such of the above property to my children, or such of them as survive me, in such shares as they may determine or, if they are unable to agree, in such approximately equal shares as my Executor shall determine. FIFTH: I hereby exercise the powers of appointment given me in the Trusts of Ernest S. Burch, Sr., as Settlor dated January 8, 1991 and as amended, and in the trust of and Elsie L. Burch, as Settlor, dated August 14, 2003, and I hereby give devise and bequeath all the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, including that over which I have a Power of Appointment, In Trust to the successor to myself as the initial Trustee, under the Trust Agreement with me as Settlor dated February 16, 2004. I hereby waive the Power of Appointment in the Trust Agreement created by my wife, DEANNE M. BURCH, with herself as Trustee dated February 16, 2004. SIXTH: My Executor shall pay from the portion of my residuary estate that does not qualify for the marital deduction all death taxes payable by reason of my death ~rvith respect to (1) all property and interests passing under my will and (2) all property and interests that passed to my spouse outside of my will and that could qualify for the federal estate tax marital deduction. To the fullest extent allowable by law or any governing instrument, my Executor shall recover from any property or interests passing outside of my will all other death taxes -but not generation skipping transfer taxes - that my Executor may be required to pay by reason of my death. SEVENTH: My Executor is hereby authorized and empowered, in addition to such powers granted executors by law, all exercisable without court order: (a) to sell securities or other property, real or personal or both; (b) to borrow money from such persons as it may desire, including the power to borrow from itself as an individual or as a fiduciary under any Trust Agreement for any purpose necessary or desirable in connection with the payment of taxes or other matters incidental to the settlement or administration of my Estate, or for investment purposes, on either a secured or unsecured basis, at such rate of interest as my Executor may deem acceptable and to sign notes and to pledge the assets of my Estate as security therefor; this authority to borrow and pledge shall not apply as to assets which are or might be, except for such authorization, eligible for the marital deduction; (c) to make non-prorata distributions in kind or partly in kind or partly in cash; (d) to retain all or any part of my property, real or personal, constituting my Estate for such time as my Executor deems best or to invest or reinvest the Estate in any property, real or personal, of any kind or nature, including stocks, bonds, mortgages, other securities and common trust funds of the Corporate Executor, if any, without being limited or restricted to investments as now or may hereafter be prescribed for fiduciaries by law including the right to acquire, sell or retain 3 stock in the Corporate Fiduciary. Executor may invest, reinvest, buy, sell or trade options, puts, calls, or any other type of financial instrument, the nature of which need not be contemplated or in existence at the time this Will is written, without being restricted to "legal" investments (e) to file joint income tax returns and to consent to joint gift tax returns with my wife, her executors or administrators; (f) to compromise claims against or in favor of the Estate, with or without Court approval on such terms and conditions as Executor deems appropriate, in my Executor's sole discretion; (g) if the Estate includes any interest which I had in a business, or enterprise, including but not limited to written materials for publication, at the time of my death, whether the same is a sole proprietorship, apartnership, or a corporation in which I owned all or a substantial portion of the stock, to continue the business or enterprise, until such time as my Executor deems advisable to sell, liquidate, publish or otherwise divest the enterprise, or distribute the same in kind. Executor shall have all rights and powers in connection with the business or enterprise as I had when living, including by way of example and not limitation, the powers to operate or join in the operation thereof as a going concern, to form or re-form a general or limited partnership, to incorporate or re-incorporate and to liquidate or sell the same or any part thereof, all as it deems advisable for the best interests of the Estate and of the beneficiaries thereof; without any liability for loss resulting from the operation of said business or enterprise except where such loss is the result of negligence or fraud on the part of the Executor; (h) to receive, for its services in connection with any such business, such additional compensation as may be commensurate therewith; (i) to claim, in my Executor's discretion, expenses of administration of my Estate as deductions for federal income tax purposes, when this will result in an overall reduction of income and death taxes for my Estate (no adjustments between income and principal or in the amount of the distributions to the trusts created by separate instrument shall be required as a result of such action); (j) in my Executor's sole discretion, to elect (or not) to treat as property passing to ~~,y wife and as eligible for the marital deduction under I.R.C. Section 2056(x) property which is "qualified terminable interest property" within the meaning of I.R.C. Section 2056(b)(7), in all regards except for such election; (k) in my Executor's sole discretion to allocate such exemptions as are available as to the generation skipping transfer tax to any property, to exclude any property from that allocation and to make all related allocations thereto. No beneficiary shall have any claim against my Executor for exercising such allocation powers as granted herein. (I) in my Executor's sole discretion to compromise taxes on future interests on such terms and conditions as Executor deems appropriate; (m) to maintain reasonable reserves for depreciation, depletion, amortization and obsolescence; (n) to disclaim any interest in any estate or trust in which I may have an interest. EIGHTH: I nominate, constitute and appoint National City Bank, as Executor under this my Last Will and Testament. No bond shall be required in this or any other jurisdiction of my Executor. NINTH: I hereby nominate, constitute and appoint National City Bank as Guardian of the estate of any minor or other beneficiary physically or mentally unable to manage his or her affairs and to serve without bond in this or any other jurisdiction. If any beneficiary of my estate is under the age of eighteen (18) years at the time at which distribution cf any property devised and bequeathed by this Will would otherwise be 4 made to such beneficiary, or is unable to manage his or her own affairs, my Executor shall distribute all such property to the guardian of the estate of such beneficiary. The guardian shall hold, manage, invest and reinvest any property received by the guardian (whether under this Will or otherwise), shall collect the income thereof, and shall apply so much of the net income and, if the net income is insufficient, so much of the principal of the property held for such beneficiary as the guardian shall deem necessary or advisable for such beneficiary's health, maintenance, support and complete education. The guardian shall accumulate any surplus net income annually and add the same to the principal of the property held for such beneficiary. When such beneficiary attains the age of eighteen (18) years, or becomes able to manage his or her affairs, the guardian shall distribute to such beneficiary all property held by the guardian for such beneficiary. If such beneficiary dies before attaining the age of eighteen (18) years, or becoming able to manage his or her affairs, the guardian shall distribute to the personal representative of such beneficiary's estate all property held by the guardian for such beneficiary. TENTH: I hereby authorize my Executor in addition to all powers granted by law, to make such election in connection with settlements under employee benefit plans in which I have an interest as my Executor deems most advantageous under all the circumstances. ELEVENTH: The compensation payable to my Executor shall be the compensation due, in accordance with the fee schedule of my Executor at the time such services are rendered, or if my Executor is an individual, such compensation shall be reasonable compensation. TWELFTH: The words "child, children, or issue", as used in this Will, shall include adopted persons and persons born or adopted after the date of this Will, respectively unless expressly stated to the contrary. IN WITNESS WHEREOF, I, ERNEST S. BURCH, JR., the Testator, to this my Last Will and Testament, printed on six (6) sheets of paper have set r~ny hand and seal this 't ~-- day of d~~ , 2007. (SEAL) ERNEST S. BUR H, JR. Signed, sealed, published and declared by ERNEST S. BURCH, JR., 'the said Testator, as and for his Last Will and Testament, in our presence, at his request and in th resence of each other have hereunto set our hands and seals as attesting wit esses. ~ F r ~' residing at ~ ,~ residing at /~ / ~~~L~!~y,~-~-I fir-, --~~ /"~ /.~~f S 5 COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF DAUPHIN: ~"ST S. _ BURGH, JR., testator, and ~ .~ ~~-~ `=~ and ~ <...1~ n i C e L~ ~ u wz the witnesses, respectively, whose a s are signed to the attached or foregoing instrument, being first duly savor 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 purposes therein expressed, and that each of the witnesses in the presence and hearing of the Testator signed the Will as witness; and that to the best of his knowledge the Testator was at that time eighteen or older, of sound mind and under no constraint or undue influence. ee ~ !' v ~1 T r ~- witness witness Subscribed, Sworn to and acknowledged before me by ERNEST S. BURGH, JR.,(Testator), and Subscribed and Sworn to before me by -ube rf ~ - S-~~t zer- ,and ~ crr~i« ~~ ~~ ~~,~ ~ the witnesses, this day of (~~r,1~e,r- , 2007. ~~~7 , ~ ~ '1 i~2 ~ SEAL Notary Public My Commission Expires: frj~z~7.~~~ C:C~Fvil`.'I():~I~VEALI ~i <)I~ I'ENNSYLVANI~~ Notarial Seal Nan~:~ owings Eaughman, Notary Pablic City of Harrisburg, Dauphin County July Commissian Expires ,luly l2, 2008 hAemh~r. ~'ennsylvanica r~,ssociation of (Votaries 6