HomeMy WebLinkAbout10-28-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of John M. Coste110 Sr. File Number 21' -' 10 ~) O 7.5
also known as
Deceased Social Security Numbier 187-14-4376
Lois Rae Costello
Petitioner{sj, who is/are 18 years of age or older, appy(ies) for:
(COMPLETE A' or B' BELOW.•)
Q A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the EXBCUtrIX ' named in the
last Will of the Decedent dated 08/07/2008 and codicil(s) dated
i
(State rekvsnf circumstances, e.g., renuncietan, deaM orsxecutor, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution of tihe~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
en r. c..a.; ..n.c..a.; ten a n ns e s
Petitioner(s) after a proper search has !have ascertained that Decedent left no Will and was survived by the following spotjs~ (if any) and heirs: (If
Adminisbabon, c.t.a. or d.b.n.c.t.a., enter date o/Will in Section A above and txmpleta list of heirs.)
Name Relationship Residence ~'
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Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence ~t tT
722 Oak Oval, Mechanicsburg, PA 17055
(List street address, towrVaty, township, county, state, ztp code)
Decedent, then $9 years of age, died on 09/21/2010 at Messiah Village {Upper Allen Township) Cumbe~iland County PA
Decedent at death owned property with estimated values as follows:
(If domiciled in PA)
(If not domiciled in PA)
(If not domiciled in PA)
Value of real estate in Pennsylvania
All personal property
Personal property in Pennsylvania
Personal property in County
situated as follows: None
S ~ 500,000.00
S
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$ 0.00
Wherefore Petitioner(s) reapeCtfuly request(s) the probate of the last Will and Codidl(s) presented witll this Petition and the grant of Letters in'th
the undersigned: appropriate form to
Signature Typed or printed name and resideh
~> a~~ Lois Rae Costello 722 tIMIM Oak V 0.
Mechanicsburhg PA 17055
Fonn KW~(J! Rev. 10.132006 Copyright (c) 2008 form sonwere only TM Ladoter Group, Inc. Pegs 1 of 2
COMMONWEALTH OF PENNSYLVANIA
couNTY OF Cumberland
Oath of Personal Representative
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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,estate axording to law.
Sworn to or affirmed adnd subscribed
before me this Zg~' tlay of
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aa.4> / ~ k
Lois Rae Costello
Signature o/Personal Representative
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File Number: 21 - 10 - ~~']S ~~ ~ _ _~=
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Estate of John M. Costello Sr. Deceased rn ` ~ ~ C~
Social Security~Nu~m. b~>er: 187-14-4376 Date of Death: 09/21/2010
AND NOW, ~/~~GlS~.QUt~~ r9~ r 1 7orc7 , in consideration of the foregoing Petitiom, satisfactory proof
having been presented before me, I`f IS DECREED that Letters Testamentary
are hereby granted to LOi8 Ra@ Costello
in the above estate
and that the instrument(s) dated 08/07/2006
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent
FEES
Letters ............................................ $ 410.00
Short Certificate(s)........~U.J...... $ 16.00
Renunciation(s) ............................. $
Will $ 15.00
JCS $ 23.50
Automation $ 5.00
$
$
$
$
$
$
TOTAL ....:............................... $ 469.50
Attu
Supreme Court I.D. No.: 21542 _
Ball, Murren ~ Conner
Address: 2303 Market Street
Camp Hill, PA 17011
Telephone: 717/232-8731
Form RW-02 Rev rare-zoos Copyrpht (c) 2006 form software only The Ladvier Group, ir,c. case z a z
Attorney Name: Richard E Connell Este.
105.805 REV (017071
,~/'l~ ` 1Q~5
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
~ 16804640
Certification Number
This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with m~ as Local Registrar. The original
certificate will bie' forwarded to the State Vital
Records Office for permanent filing.
s~P 4110
Local Registrar Date Issued
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ti - _ - ^- _ ~ _" Perna No. V ~~ 7 ..l /.J
I, JOHN M. COSTELLO, of Summerhill Borough, Cambria County, Perin~ylvania, being
of sound mind, memory and understanding, do hereby make, publish and declare't1~e following to
be my Last Will and Testament, hereby revoking any Wills by me at any time heretofore made:
FIRST: I order and direct my hereinafter named Executrix to pay all of my just
debts, which are legally collectible, and funeral expenses as soon as may be after my decease.
SECOND: I give and bequeath my passenger automobiles, household furniture and
furnishings and personal effects and other tangible personalty of like nature (not itp~luding cash or
securities), together with any insurance thereon, to my wife, LOIS RAE COSTEL~.10. ~f my wife
predeceases me, I give and bequeath to my children who survive me so much of Imy passenger
automobiles, household furniture and furnishings and personal effects and other tangible personalty
of lika nature (not including cash or securities), together with any insurance thereon, as they may
select, said items to be distributed among them as they shall mutually agree, making such
distribution in as nearly equal shares as possible. At the time of the execution of this my Last Will
and Testament, I have four children, JOHN M. COSTELLO, JR., SUSAN I. LORDITCH,
MARGARET A. PLANK and AMY L. SUHR.
In the event my children who survive me are unable to agree on the
distribution of any particular item of personal property referred to above, my ExeGu~ors shall sell
such item on sealed bids at private sale among my said surviving children to the highle$t bidder with
the proceeds to become part of my residuary estate to be distributed as hereinafter provided. If rmy
Executors desire to bid, then bids shall be submitted to and opened by a third party Selected by my
Executors. At a child's election, payment for items thus purchased may be made by deduction of
the purchase price from the amount, if any, which would otherwise be payable to s~u~h child from
my estate. I encourage my children to agree amicably on distribution so that the! "sealed bid"
procedure will not be necessary.
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The remaining items of said tangible personal property not sq selected or not
so sold as herein provided in the event of dispute shall be added to and becorhe a part of my
residuary estate to be disposed of as hereinafter provided.
THIRD: If my wife, LOIS RAE COSTELLO, survives me, it is my desire either to
eliminate or to reduce to the lowest amount all federal estate tax payable on account of my death,
without needlessly increasing the size of my wife's taxable estate. Therefore, for purposes of taking
advantage of the reduction in the amount of federal estate tax payable on my esta~e,by permitting
my estate to make full use of the unified credit against federal estate and gift tapes, and by the
allowance of the marital deduction to the extent provided for herein:
(A) I give, devise and bequeath to my wife, LOIS RAE COSTELLO, all the rest, residue
and remainder of my estate, real, personal and mixed, of whatsoever kind and wheneScever situate,
less that portion of my said residuary estate needed to increase my taxable estate to the largest
amount required in order for my estate to make full use of the unified credit again~t',federal estate
and gift taxes and any other allowable credits and deductions, which latter portion bf my residuary
estate shall be known as the "IJTC Trust". The UTC Trust shall consist of that a~nbumt in assets
in order to provide my estate with the maximum unified credit against federal estatb'and gift taxes
and any other allowable credits and deductions available to my estate under the law'at the time of
my death, i.e., the largest amount required in order for my estate to make full use mf the unified
credit against federal estate and gift taxes and of any other allowable credits amd deductions;
however, credits and deductions shall be used only to the extent that their use will nod increase death
taxes on my estate. If there are in my estate any assets or proceeds of any assets, or fractional
shares of any assets which will not qualify for the marital deduction bequest and dev~sle to my wife,
I direct that such non-qualifying assets or proceeds of any assets or fractional shams,of any assets
not be included in the bequest and devise to my wife and that my Executrix select sulc~ other assets
from my estate for inclusion in the bequest and devise to my wife as do qualify ~qr the marital
deduction; any such assets so selected to be distributed or allocated to my wife shalt be valued at
their respective fair market values at the date or dates of their distribution to my wife;' alpd in making
the aforesaid distribution or allocation, the final determinations in the federal estate t~uC, proceedings
shall control; said devise and bequest to my wife, however, shall be reduced to th~ extent that it
cannot be created with such qualifying assets.
t ~ ~'
(B) I give, devise and bequeath INTRUST to my Trustees hereinafter named that amount
of my residuary estate referred to above identified as the UTC Trust, which shall'' consist of the
amount needed to increase my taxable estate to the largest amount required in order fbr my estate to
make use of the unified credit against federal estate and gift taxes, and any other a~lbwable credits
and deductions. My Trustees shall manage, invest and reinvest said UTC Trust and 3ha11 distribute
the income and principal of the UTC Trust as follows:
(1) During the lifetime of my said wife, LOIS RAE COSTELLCI, the Trustees
shall pay the income quarterly to her or for her benefit or more frequently if she so rejquests.
(2) In addition to said income, the Trustees shall expend such amounts from
principal of the UTC Trust as the Trustees, in their sole discretion, deem necessary for the health,
maintenance and support of my wife, LOIS RAE COSTELLO. In the exercise of disaretion relative
to the distribution of the principal of the UTC Trust to or for the benefit of my wife,:.. it is my desire,
but in no way my direction, that consideration be given to prior utilization of the assets which my
wife may have in her own name.
(3) Upon the death of my said wife, '
(a) One-half (1/2) of the trust estate as then constituted [except as
provided in paragraph Third (B)(3)(c) below) shall be distributed to my children, JOHN M.
COSTELLO, JR., SUSAN I. LORDITCH, MARGARET A. PLANK and AMY L. SUHR, in
equal shares, share and share alike. If any child of mine should die before distribution of his or her
share of the trust estate as herein provided, such deceased child's share shall be distriibt~ted to his or
her issue then living, per stirpes, or, if he or she has no issue then living, his or her sure shall be
distributed to my other children, both those then living and those then deceased with issue then
living, which issue shall receive, per stirpes, the share of any such deceased child. Any distribution
hereunder shall be subject to the provisions relating to the age of each benefici~ restricting
distribution hereinafter set forth.
L ~ ~ ~ ~ 1 .
(b) One-half (1/2) of the trust estate as then constituted [except as
provided in pazagraph Third (B)(3)(c) below] shall be retained INTRUST by my Trustees allocated
in four equal shares, with one such share so held in trust for the benefit of the childiren of my son,
John M. Costello, Jr., one such share so held in trust for the benefit of the children p~ my daughter,
Susan I. Lorditch, one such share so held in trust for the benefit of the children ofd my daughter,
Margaret A. Plank, and one such share so held in trust for the benefit of the clhildren of my
daughter, Amy L. Suhr. The Trustees shall hold said shares in separate funds for tlhe~ benefit of the
beneficiaries aforesaid with the income to be distributed quarterly to each such beneficiary with
one-half (1/2) of each such fund to be distributed to each beneficiary upon stidh beneficiary
attaining the age of twenty-five (25) years and the balance of such fund, i.e., the remaining one-half
(1/2) of each such fund, to be distributed to each such beneficiary at the age of tHi~ty (30) years,
thereby terminating said fund. During the period of the trust for each such beneficiary, the Trustees
shall pay to the person having custody of such beneficiary, or to such beneficiary d~rlectly, without
liability on the part of the Trustees to see to the application thereof, or may expend d~rlectly so much
of the principal as the Trustees deem advisable for the maintenance, education and ~~pport of such
beneficiary. If any one of the beneficiaries should die before distribution of his or Ipdr share of the
trust as herein provided, the shaze of such deceased grandchild of mine shall be distrlbuted to his or
her issue then living, per stirpes, or, if he or she has no issue then living, his or hey Share shall be
distributed to his or her siblings, both those then living and those then deceased ~r~th issue then
living, which issue shall receive, per stirpes, the share of any such deceased grandchilid
(c) The one-half (1/2) share to be distributed pursuant to pazagraph
Third (B)(3)(b) above shall not exceed the amount (currently one million dollars} of'the applicable
generation skipping transfer tax exemption provided for under applicable federal tax lalw at the time
of distribution, and if said one-half (112) share exceeds such amount, the excess shall be allocated to
and distributed under paragraph Third (B)(3)(a). It is the intent and purpose of thisjp~ovision that
there be no federal generation skipping transfer tax payable by reason of the dispos~t~ons made in
this Will.
(C) Neither the principal nor the income of any trusts created hereunder~,ojr any part or
share thereof shall be liable in any manner to the control or answerable for the debts,~'~, contracts or
a ~ . .
other obligations of any of the beneficiaries hereunder, or liable to any charge, encumbrance,
assignment, conveyance or anticipation by any of them.
(D) Upon the death of any income beneficiary, any income accrued or received by the
Trustees subsequent to the last income payment date shall be paid to the person br persons for
whose benefit the principal producing such income is continued IN TRUST or do whom such
principal is distributed under the terms hereof.
(E) Corporate distributions received in shares of the distributing corpb~fation shall be
allocated to principal, regardless of the number of shares and however described o~ designated by
the distributing corporation.
(F) In the administration of any trusts herein created, my Trustees shall h~v~e, in addition
to and not in limitation of any authority given to them by law and without the necessit~+ of obtaining
the consent of any court, the following powers:
To accept distribution of my estate and to retain investments and property wmi~h are
apart of my estate; to invest and reinvest the principal of the trust estate in a~ kind
of property, real or personal, or part interest therein, without being restr~c ed to
investments which are legal for trust funds; to give options for sales, lea$ s and
exchanges; to borrow money; to sell, pledge, exchange or mortgage any '',r al or
personal property; to compromise claims; to lease real or personal prop y for
terms exceeding five years; to join in or oppose the merger, consoli tion,
reorganization or readjustment of the financial structure of any firm or corpp~ation
in which the trust estate may have an interest; to carry securities in the narht of a
nominee; to carry on any business owned or controlled by me at the time cif my
death and distributed to my Trustees herein for whatever period of time n~}~ said
Trustees shall think proper, and my Trustees shall have the power to do any ~atid all
things they deem necessary or appropriate, including the power to incorpor~~e the
business, the power to borrow and to pledge assets contained in my trust eft to as
security for such borrowing and the power to close out, liquidate or sell the b~s'ness
at such time and upon such terms as to my said Trustees shall seem best;'a d to
distribute the trust estate in cash or in kind.
(G) No person or corporation dealing with my Trustees shall be required td inquire into
the necessity or propriety of any proposed action or to see to the application of any mpney paid to
my said Trustees.
(H) The provisions of subparagraphs (A), (C) and (D) of paragraph Fifth shall also
apply to the trusts created under this paragraph Third.
FOURTH: In the event my wife, LOIS RAE COSTELLO, predeceases rY~ei, I give, devise
and bequeath all the rest, residue and remainder of my estate, real, personal and mixed, of
whatsoever kind and wheresoever situate, as follows:
(A) One-half (1/2) share of my residuary estate [except as provit in paragraph
Fourth (C) below] to my children, JOHN M. COSTELLO, 3R., SUSAN I, 'iI,ORDITCH,
MARGARET A. PLANK and AMY L. SUHR, in equal shares, share and share ali~kd. If any child
of mine shall predecease me, such deceased child's share shall be distributed to his ar der issue then
living, per stirpes, or, if he or she has no issue then living, his or her shaze shall be distributed to my
other children, both those then living and those then deceased with issue then livi»~, which issue
shall receive, per stiipes, the share of any such deceased child. Any distribution hereunder shall be
subject to the provisions relating to the age of each beneficiary restricting distribution thereinafter set
forth.
(B) One-half (1/2) share of my residuary estate [except as provided in pazagraph
Fourth (C) below] to be held IN TRUST by my Trustees allocated in four equal shares, ~pvith one such
share so held in trust for the benefit of the children of my son, John M. Costello, Jr., otie such shaze
so held in trust for the benefit of the children of my daughter, Susan I. Lorditch, one 5ucn share so
held in trust for the benefit of the children of my daughter, Mazgaret A. Plank, and prne such share
so held in trust for the benefit of the children of my daughter, Amy L. Suhr. The'Trustees shall
hold said shares in separate funds for the benefit of the beneficiaries aforesaid with tie income to
be distributed quarterly to each such beneficiary with one-half (1/2) of each suc~ fund to be
distributed to each beneficiary upon such beneficiazy attaining the age of twenty-five (~5) years and
the balance of such fund, i.e., the remaining one-half (1/2) of each such fund to be'aistributed to
each such beneficiary at the age of thirty (30) years, thereby terminating said fund.', During the
period of the trust for each such beneficiary, the Trustees shall pay to the person having custody of
such beneficiary, or to such beneficiary directly, without liability on the part of the Tnis~ees to see to
the application thereof, or may expend directly so much of the principal as the Trustees deem
advisable for the maintenance, education and support of such beneficiary. If any one of the
beneficiaries should die before distribution of his or her share of the trust as herciti provided, the
share of such deceased grandchild of mine shall be distributed to his or her issue' ten living, per
stirpes, or, if he or she has no issue then living, his or her share shall be distributted to his or her
siblings, both those then living and those then deceased with issue then living, w!h~ch issue shall
receive, per stirpes, the share of any such deceased grandchild.
(C) The one-half (1/2) share to be distributed pursuant to pars ' ph Fourth (B)
above shall not exceed the amount (currently one million dollars) of the applic~ le generation
skipping transfer tax exemption provided for under applicable federal tax law at', the time of my
death, and if said one-half (1/2) share exceeds such amount, the excess shall be i~l~ocated to and
distributed under paragraph Fourth (A) hereof. It is the intent and purpose of this provision that
there be no federal generation skipping transfer tax payable by reason of the dispas~tions made in
this Will.
(D) The provisions of subparagraphs (C), (D), (E), (F) and (C~) lof paragraph
Third, and the provisions of subparagraphs (A), (C) and (D} of paragraph Fifth shalll also apply to
the trust created for any beneficiary in this paragraph Fourth (B).
FIFTH: If any beneficiary hereunder has not attained the age of tvi~~nty-five (25)
years, I direct that the full share of my estate to which said beneficiary shall be emt~tled shall be
distributed to my Trustees hereinafter named INTRUST for such beneficiary until the $Sth birthday
of such beneficiary, at which time said separate trust shall terminate and the principal shall be
transferred and delivered to him or to her, free of trust; provided, however, th~~ if a trust is
maintained for said beneficiary under any other paragraph hereof, the share of any stzc}~ beneficiary
shall be added to the trust maintained under such other paragraphs hereof and shall b~ administered
as such. During the period of the trust, the Trustees shall pay to the person having crl$tody of such
beneficiary, or to such beneficiary directly, without liability on the part of the Trustee to see to the
application thereof, or may expend directly, so much of the income and principal als the Trustees
deem advisable for the maintenance, education and support of said beneficiary, and~~ s~all add any
excess income to principal and invest it as such. The administration and distributicbn~ of any trust
created hereunder shall be in accordance with the terms hereof and subject to the following:
(A) The existence of any trust herein created shall not relieve the natural guardian or the
person or institution maintaining the beneficiary thereof, if any exists, of their primly obligation to
educate, maintain and support such beneficiary, and such beneficiary's trust shall epc~iend funds for
such purposes if in the sole discretion of the Trustees the natural guardian or the person or
institution maintaining such beneficiary has insufficient funds to provide the sarme, and, in such
case, the trust hereunder shall be used only to supplement and assist in providing satn~e.
(B) If any beneficiary hereunder predeceases the termination and distri~b~tion of his or
her trust maintained under this paragraph Fifth, his or her said trust shall be distribnt~d, per stirpes,
to his or her issue then living, or, if said beneficiary has no issue then living, his or her trust shall be
distributed in equal shares to his or her siblings whose parent is a descendant of tnine, either by
blood or adoption, or, if said beneficiary has no issue and no such siblings then living, his or her
trust shall be distributed in equal shares to my other children, both those then living', ajnd those then
deceased with issue then living, which issue shall receive, per stirpes, the share of any $uch deceased
child, to be added to their respective trusts hereunder, if any, or distributed to those who have
attained the age of twenty-five (25) years. Upon the death of any such beneficiaryj, any income
accrued or received by the Trustees subsequent to the last income payment date shah ~e paid to the
person or persons for whose benefit the principal producing such income is continue IN TRUST or
to whom such principal is distributed under the terms hereof.
(C) If any person is entitled to a distribution hereunder and at the time of such
distribution such person has been adjudicated an incapacitated person under thle laws of the
Commonwealth of Pennsylvania or an incompetent or incapacitated person under th~ laws of any
other jurisdiction, or, if in the opinion of the Trustees such person is incapacitatedd within the
meaning of that term as defined in Section 5501 of the Pennsylvania Probate, ',Estates and
Fiduciaries Code at the time such person would be entitled to distribution hereunder, then the
Trustees may retain such sum IN TRUST during the entire period that such incapacity cpntinues and
during such time may pay to the person having custody of such incapacitated person hr the person
or institution maintaining such incapacitated person or to such incapacitated person ditectly, without
liability on the part of the Trustees to see to the application thereof, or may expend dir~tly, so much
of the income and principal as the Trustees deem advisable for the welfare, comdf~rt, support,
recreation and education of said incapacitated person or, if in the judgment of the Trustees the
incapacitated person would have used such funds for such purpose, for the care, maintenance and
education of such person's dependents. Any excess income not distributed or e~p~nded shall be
added to principal and invested as such.
(D) Notwithstanding anything to the contrary in any other provision of !this Will or any
trust herein created, each disposition I have made in this Will or any trust must vest in interest
although not necessarily in possession within twenty-one (21) years plus any periokl of gestation
involved after the death of the last to survive of my children and their issue living oh ~he date of my
death. it is the intent and purpose of this clause that all dispositions shall vest withpr~ the period of
the rule against perpetuities as defined and interpreted by the statutes and courts of the
Commonwealth of Pennsylvania, and that no interest created by or devised under Chas Will or any
trust shall be construed in such a manner that it will be invalid under that rule.
(E) The provisions of subparagraphs (C), (D), (E), (F) and (G) of paragraph Third shall
also apply to the separate trust created for any beneficiary provided aforesaid in this pi~ragraph.
SIXTH: I hereby appoint my wife, LOIS RAE COSTELLO, Executrix of this my
Last Will and Testament. In the event my wife predeceases me or fails to qualify or ;eases to act as
such Executrix, I hereby appoint two of my children, JOHN M. COSTELLO, JR.~, iind AMY L.
SUHR, or the survivor, Executors in her place. If both JOHN M. COSTELLO, JR., and AMY L.
SUHR predecease me or fail to qualify or cease to act as such Executors, I herelh~ appoint my
other two children, SUSAN I. LORDITCH and MARGARET A. PLANK, or tie survivor,
Executors in their place. I hereby further direct that no fiduciary hereunder shall be required to post
bond or surety in any jurisdiction in which such fiduciary shall be required to act.
In addition to the powers vested in my Executrix by law'or by other
provisions of my Will, my Executrix, in the settlement of my estate, shall have full power in her
discretion to do all things necessary, including the power to sell at public or private sale, and without
order of court, any real property and any and all personal property (SUBJECT to tha provisions of
paragraph Second hereinabove set forth) belonging to my estate; to compound, codpromise or
otherwise to settle any and all claims, charges, debts and demands whatsoever against dr in favor of
my estate as fully as I could do if living; to carry on any business owned or controlled by me at the
time of my death and to do any and all things necessary or appropriate, including the power to
incorporate the business, the power to borrow and to pledge assets of my estate, amid the power to
close out, liquidate and sell the business. Without in any way restricting these pouvers, I hereby
direct that my Executrix shall have the right to take over and retain unconverted each end every item
of real or personal property of which I may die possessed, without liability for depreciation in the
value thereof, and to distribute the same to the beneficiaries hereunder in kind, or partly in kind and
partly in cash or entirely in cash as in her judgment she may deem best. If any real a fate is sold, it
may be sold for such price or prices, and upon such terms and conditions as my' xecutrix may
deem best, and it shall be conveyed to the purchaser thereof, free of liability on t~e part of the
purchaser to see to the application of the purchase money. In the settlement of rpy estate, my
Executrix is also authorized to borrow funds for administrative, tax or other purpo$ds, at such rate
or rates of interest as she may determine and is authorized to execute any notes or mioartgages and to
put up any assets of my estate as collateral for any such loan.
SEVENTH: I hereby appoint two of my children, JOHN M. COSTEL$.O, JR., and
AMY L. SUHR, or the survivor, Trustees of any trusts herein created. If both JOHN M.
COSTELLO, JR., and AMY L. SUHR predecease me or fail to qualify to cease to aet ~,as Trustees, I
hereby appoint my other two children, SUSAN I. LORDITCH and MARGARET ~. PLANK, or
the survivor, Trustees in their place. I hereby further direct that said parties shall bd, permitted to
serve as Trustees without the necessity of providing bond or surety in any jurisdiictiion in which
such Trustees shall be required to act.
EIGHTH: (A) Upon my death, or at such other time or times thereafter as may be
provided, my Trustees hereinabove named shall collect the total amount of proceeds ~rom any life
insurance, pension plan, annuities, mutual funds, stock funds, bond funds or ether source
whatsoever wherein I have designated the Trustees as a beneficiary, all of which ~iroceeds my
Trustees shall add to the assets received by my Trustees from my Executrix to be held, 'administered
and/or distributed as hereinabove set forth.
(B) The payment to my Trustees by any payor of the proceeds of a~y policy of
insurance, pension plan, annuities, mutual funds, stock funds, bond funds or ether source
whatsoever wherein I have designated the Trustees as a beneficiary shall be a full discharge of said
payor therefor and the payor shall in no manner be responsible for the proper discharge of the trust
or any part thereof.
(C) My Trustees shall be responsible for the aforesaid proceeds only ~, if and when
paid to my Trustees, and my Trustees shall not be liable to anyone if, for any reasbrt, the policies,
pension plan, annuities, mutual funds, stock funds, bond funds, etc., or any of therh~ shall lapse or
otherwise be uncollectible. Except at their own option, my Trustees shall not enter fnllto or maintain
any litigation to enforce payment of the policies, pension plan, annuities, mutual fuhdS, stock funds,
bond funds, etc., or any of them, until my Trustees shall have been indemnified to t~$ir satisfaction
against all expenses and liabilities to which they may, in their judgment, be subj$c~t by any such
action on their part; but my Trustees may utilize the proceeds from any other payor to meet
expenses incurred in connection with enforcing any other such payment.
(D) My Trustees are authorized to purchase with the proceeds receiveld~ by them any
securities or other property, real or personal, belonging to my estate, as an investment for the trust
estates aforesaid, and to hold the same for such period of time as my Trustees d~~m advisable,
without liability for any depreciation in the value thereof; or, in their discretion, td~ make loans,
secured or unsecured, to my estate without liability for the nonpayment thereof; as, dell as to pay
from said proceeds, if my Executrix is unable to comply with the direction to pay such taxes from
my residuary estate, any federal estate, state inheritance or estate and succession taGxes imposed
upon or with respect to my estate passing under my Will or otherwise, at such time dr times as my
Trustees may deem advisable, and no such tax so paid shall be collected from ar'paid by any
beneficiary or under any Will by way of apportionment or proration.
NINTH: I direct my Executrix to pay out of the principal of my residutajry estate, all
estate, inheritance and succession taxes, both state and federal, imposed upon or with' aspect to my
estate or any property in which I may have an interest, including those attributable tp property not
forming part of my testamentary estate, at such times and in such amounts as my Exle~utrix, in her
sole discretion, shall determine, and no part thereof shall be prorated or apportio~-ed among or
charged against the respective interests of any of the beneficiaries.
TENTH: All questions pertaining to the validity and construction of'this Will and to
the administration of any trust herein created shall be determined in accordance with the laws of the
Commonwealth of Pennsylvania.
ELEVENTH: Whenever used in this Will, the singular shall include the pllttral, the plural
the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of
A.D., 2006.
Signed, sealed, published and declared by the above named JOHN M. C ~TELLO, as
and for his Last Will and Testament, in the presence of us, who, at his request and his presence
and in the presence of each other, have hereunto subscribed our names as witnesses ~reto.
12
i q,
~ ~ ~ .~
COMMONWEALTH OF PENNSYLVANIA .
COUNTY OF SOMERSET
I, JOHN M. COSTELLO, Testator, whose name is signed to the a
instrument, having been duly qualified according to law, do hereby acknowle~
executed the instrument as my Last Will; that I signed it w3J]~ingly; and that I
and voluntary act for the purposes therein expressed. /,/ ~
ss.
Sworn or affirmed to, s bed to and
COSTELLO, the Testator, this _ day of I
Notarial Seal
Carleen J. Twombly, Notary Public -
Somerset Boro, Somerset Countty~~
MY Commission Facpires June 30, 2007
(SEAL Member, Pennsylvania Aesodatbn of
(O icial ca
COMMONWEALTH OF PENNSYLVANIA .
ss.
COUNTY OF SOMERSET n c~ l .
We, ~f}i~2L~-!A N . >T~~ and ,', t e witnesses
1f %3~u,
whose names are signed to the attached or foregoing instrum nt, being duly qualified according to
law, do depose and say that we were present and saw Testator sign and execute the i~rttstrument as
his Last Will; that he signed willingly and that he executed it as his free and voluntiaty act for the
purposes therein expressed; that each of us in the hearing and sight of the Testator s~ ed the Will
as witnesses; and that to the best of our knowledge the Testator was at that time 18 o~'~iore years of
age, of sound mind and under no constraint or undue influence.
Sworn or firmed to and subscri t ~ li
~ bed o~e me by A ~ and
M ,witnesses, this day of 0(16.
Notarial Seal
Carleen J. Twombty, Notary Publi
Somerset Boro, Somerset Coun ,~
iWy Commission F~cpires June 30,
(SRAi ") Member, Pennsylvania Association of Notarise (~fflClal
or foregoing
I signed and
it as my free
me tb} JOHN M.
X
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itv ofd iced
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