HomeMy WebLinkAbout12-22-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of DALE L. FLOYD File Number ; ~ , - ~, ~.,' - ~ ~x ~~`~~
also known as
,Deceased Social Security Number 203-10-4062 _
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 EXECUTRIX ~_ named in the
last Will of the Decedent dated NOVEMBER 6, 1996 and codicil(s) dated NOVEMBER 19, 1996
RENUNCIATIONS ATTACHED FOR VIRGINIA S. FLOYD AND NANCY K. BENNETT
(State relevant circumstances, e.g., renunciation, death of executor, etc;1
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of 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
(If applicable, enter: c. t. a.; d.b.n.c.t.a.; pendente liter durante absentia; durante minoritate)
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if an~~nd heirs: (If
Administration, c.t.a. or d. b. n. c. t. a., enter date of Will in Section A above and complete list of heirs.) C ;~~
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Name Relationshi R f'i`t ~-~~ ~~- ~
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(COMPLETE INALL CASES:) Attach additional sheets if necessary. ~
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CUMBERLAND ~
Decedent was domiciled at death in County, Pennsylvania with his /her last principal residence at
1000 WEST SOUTH STREET CARLISLE CUMBERLAND COUNTY PENNSYLVANIA 17013
/List street address, town city, township, county, state, yip code)
Decedent, then ~9 years of age, died on NOVEMBER 4, 2010 at SARAH A. TODD MEMORIAL HOME, CARLISLE,
GUM'BERLA..IVD COUNTY PENNSYLVANIA
Dec~cdent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 160,000.00
(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:
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 ~
07 s I CAROL A. ZEIGLER, 612 WILSON STREET, CARLISLE, PA 17013
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Form RW-02 rev. 10.13.06
Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of
the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the ,skate according to law.
Sworn to ~r affirmed and s~.zusc*.-ibed
~, .,
before me the = -.,.f ~~K, day of
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For the Register
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Signature of Personal Representative
Signature of Personal Representative
Signature of Personal Representative
File Number:
Estate of DALE L. FLOYD ,Deceased
Social Security Number: 203-10-4062
Date of Death: l l/04/2010
AND NOW, ~ ~~C.''~.,'.~ f b; ~ ~`~.C~.-~' ;:~ cad ~ ~y t ~ , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters TESTAMENTARY
are hereby granted to CAROL A. ZEIGLER
in the above estate
and that the instrument(s) dated NOVEMBER 6, 1996 AND _-~
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
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Letters ......... ...... 260.00 Register of Wills ~~ ~~~~ '~"'(,~ ` ,~ ~ *`~ ~ ~'
Short Certificate(s)
........ $ 4.00
Attorney Signature: ,--7
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Renunciation(s) .. ........ $ 10.00
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~ Attorney Name: ROGER B. IRWIN, ESQUII<E
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AUTOMATION $ 5.00 Supreme Court I.D. No.: 6282
WILL $ 15.00
Address: IRWIN & McKNIGHT, P.C.
... $ 60 WEST POMFRET STREET
... $
$ CARLISLE, PA 17013
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Form RW-02 rev. l 0.13.06
Page 2 of 2
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H105-143 REV 11f2006 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
TYPE/PRINT IN
PERMANENT CERTIFICATE OF DEATH
BLACK INK (See instructions and examples on reverse)
STATE FILE NUMBER
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1. Name of Decedent (Frst, middle, last, suKz)
Dale L
Floyd 2. Sez 3. Social Secudty Number 4. Date of Oealh (Month, day, year)
. Male 203 - 10 - 4062 November 4 2010
5. Age (Last Birthday) Under 1 year Under 1 day 6. Date of Berth (Month, day, year) 7. &rNplace (City and stale or for eign country) 6a. Place of Death (Check only one)
89 "'°'"° °~° "~"` "w""" Dec. 10, 1920 Carlisle, PA Flospftal: Other.
Yrs.
Inpatient ER /Outpatient DOA
Nursing Home ^ Residence ^Other -Specify:
fib. Ceunry of Death 6c. City, Boro, Twp. of Death 6d. Fadtlry Name (If not Inslltutian, gNe street and number) 9. Was Decedent of Hispanic Odgin? [~No ^ Yes 10. Race: Amedcan Indian, Bieck, White, etc.
Cumberland Carlisle Sarah A. Todd Memorial Herne or yea,aperatycuban, (spealy)
Mexican, Puerto Rican, etc.) White
11.OecedenYs Usual list Kind al work done dun most of work' life. Do not state retlred 12. Was Decedent ever in the 13. Decedent's Education (Specify only highest grade completed) 14. Madul Status: Menied, Never Married, 15. Surviving Spouse (If wife, give maiden name)
Kind d Work Kind of Business l Industry U.S. Armed Faces? Elementary /Secondary (0.12) College (1-4 or 5+) Widowed, D'nrorced (Specify)
Director of Benefit Carpet Mfg. ®Yes ^No 1 arried Virginia Spertzel
16. Decedent's MaiBng Address (Street, sty I town, state, zip code) Decedent's Did Decedent
1000 West South Street Actual Residence 17a. State PA Uve in a 17c. ^ Yes, Decedent Lived in Twp.
Carlisle
PA 17013
17b. County ~17R1hP Township?
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ecedent
Y~ and 17d. [~ N
i ved within ~rl isle
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City! Boro
18. Fatlter's Name (Fret, middle, last, suffix)
Thurman P. Floyd 19. Mother's Name (Frst, middle, maiden surname)
Grace Eberly
20a. InfomtanYs Name (Type / Pdnt)
Virginia Floyd 20b. Infomtattt's Mailing Address (Skeet, clry I town, sure, zip code)
1 Todd Circle, Carlisle, PA 17013
21a. Method of Disposition j ^ Cremation ^ Dorrellon 21b. Date of Disposition (Month, day, year) 21c. Place of Disposition (Name of cemetery, crematory or other place) 21d. Location (City /town, state, zip code)
S] Budal ^ RemovalfromState t WesCremetlonaDonatlonAuthorized Nov. 9, 2010 Westminster Cemetery Carlisle, PA 17013
^ other -specify: by Medlin Examiner / Cororrar? ^ Yes ^ No
22a. ILre of Funeral (or acting as such) 22b. License Number 2 2c. Name and Address of Farifity
Hoffman-Roth Funeral Home & Crematory
138504
Corn a Items 23a•c on en cerktykg 23a. To the best of my knowledge, death occurred at the time, date and puce stated. (Signature and tltle) 23b. Ucense Number 23c Date Signed (Month, day, year)
physkian a not available at time of death to
certity cause of deem.
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kerns 24-26 muss be completed by person Time
of Death ~
24~.l 25. Date Pronounced Dead (Month, day, year) 26. Was Case Referred to Medical Examiner /Coroner for a Reason Other than Cremation or Donation?
who pronounces death. .
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rJ~/ D'~~~a ~~) ~v M• /
J v 2 m h ~ r !,~ ~ (,~! (~ ^ Yes ^ No
CAUSE OF DFJITH (See Instructions and examples) r Approzimate interval: Part II: Enter other;dgnificant conditions contributing to deaM, 26. Did Tobacco Use Contrbute to Death?
Item 27. Pan I: Faster the chain d trvants -diseases, injuries, or canpicakats -that directly caused the death. DO NOT enter terminal events such as cardiac arrest, r Onset to Death but rwl resulting in the undertying cause given in Pad L Yes ^ Probabty
^
respiratory anent, or ventricular fibrillation without showing the etblogy. Ust Doty one cause on each line.
IMMEDIATE CAUSE (Foal diseas
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1~ 'vU ^ Unknown
e or '1
rzxt~tion resulting in death)
>/iV~>y f1i i ~ 1 tJ -V _
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29. If Female:
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Due to (or conseq nce oq:
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~ Not pregnant within pest year
SequentuNV Gst cadkions, k afry, b_
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to tfie cause fisted on line a ; Y 1~
~ ^ Pregnant at tlme of death
. Due Io or as a con uence o
Enter UNDERLriNG CAUSE ( ~q f1~ r Not r nant, bu[ nanl within 42 da
^ P e9 Dre9 Ys
(dsease or inryry that initiated the o.
events resuaing m deaM) LAST. r
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r of death
Due to (or es a consequence of): , ^ Not pregnant, but pregrufnt 43 days to 1 year
d r
r before death
Unknown if pregnant within the pest year
30e. Was an Autopsy
Pedormed? 3W. Were Autopsy Endings
Available Pdor to Completbn 31. Manner of Death 32a. Date of Injury (Month, day, year) 32b. Describe How Injury Occurred 32c. Place of Injury: Home, Farm, Street, Factory,
of Cause of Death?
e'Natural ^ Homidde Okice Building, etc. (Speciy)
^ Yes [.}Ao ^ Yes ^ No ^ Axdenl ^ Pending Nvestigakon 32d. Time o1 Injury 32e. Injury at Work? 321. If Transportation Injury (Specify) 32g. Locetbn of Injury (Street, city / Irnxn, slate)
^ Suicide ^ Could Not be Determined ^ Yes ^ No ^ Driver /Operator ^ Passenger ^ Pedestrian
M ^ Other • Specify:
33a. Certifrer (check onty one)
• Cart In sldan Ph sx:ian certi reuse of death when another
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kY 9 PhY ( Y ~ Mn
sician has
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33b. Signature and i Ced' r„
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To the bast of m
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death occu
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manner ere statad_ _ _ _ _ _ _ -' _ _ _ _ _ _ _ _ -' _ _ _ _ _ -' _ _ _ _ ~ ~ ~ ^ ,,.
• Pronouncing and certffying ptryslclan (Physidan both pronouncing death and certifying to cause of death)
To the beet of my knowled
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death occurred et the time
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^ 33c. License Number 33d. Date Signed (Month, day, year)
g
,
,
a
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e cause(s) and manner as stated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
• Medical Examiner /coroner 1r-
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On the basis of examinatbn and I or investigation, in my opinion, death occurred at the time, date, and place, and due to the cause(s) and manner as stated_ ^ 34. Name and Address of
rs
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Who Completed Cak se of OeaM Item 2i)
TypJe I Print
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35. Registrar' lure and triG 36. ate Filed (Month, day, Year) •
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Disposition Permit No. V ~~ `~' ~3~
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~~~~ C~~C ~~ ~~ ~' ~~' RENUNCIATION
CLERK ~F
ORPHAN'S CC~)R~
C~i~Rcr-~a~'~~.~ ~` ~ ~ ~~. CUMBERLANI=
REGISTER OF WILLS
COUNTY, PENNSYLVANIA
Estate of DALE L. FLOYD ,Deceased
I, NANCY K. BENNETT
(Print Name)
DAUGHTER
in my capacity/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
CAROL A. ZEIGLER
. ,
(Date)
1 ~~~ t ~/t..~ 1~ 1'-~ ~,~1 ~ ~~.~~
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(Signature)
11 DUNCAN DRIVE
(Street Address%
HOLMDEL, NJ 07733
(City, State, Zip)
Fvecutell th ReQi.cter'c Office
Sworn to or affirmec~,and subscribed
before me this ~ day
of ~ CEti7~1'~~ ~ t:l ~~
Deputy for Register of Wills
Form RW-06 rev. 10.13.06
Executed out of Register's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunci~a~tion for the
pu oses stated within on this r day
of ~ ~ ~, ~~
(Signature and Seal of Notary or a;her~ffi~~~al gt~~~.ifie~ ter
administer oaths. Show date o= ex ~ ° y's C~~m;*-~ssion.)
ASI-ll_~Y R~°r`RI31f'Y
Notary Public - New Je~ey
Monmouth ~otl
Cartmissian E 'res :7, 2!114
~~~ 'Z P ~~ 3 ~ RENUNCIATION
G~.ERK ~F
QRPHA~I'S ~QURT
CU~R~a1J~~~~ ~.. P~UMBERLANI:
REGISTER OF WILLS
COUNTY, PENNSYLVANIA
s
Estate of DALE L. FLOYD ,Deceased
I, VIRGINIA S. FLOYD , in my capacity/relationship as
(Print Name)
SPOUSE
of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
CAROL A. ZEIGLER
..,-~ ,)
~~ ~~ ~' ~, ~, ~. I ~
(Date)
~.-
~` ~1` ~. ~ ~' .
(Signature)
1 TODD CIRCLE
(Street Address)
CARLISLE, PA 17013
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this
of ,
day
Deputy for Register of Wills
Form RW-06 rev. 10.13.06
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 ~r `~"z. day
Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oa{'t~hs.;y Show date of expiration of Notary's Commission.)
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T ILL AND TESTAMENT =~ ~~
LAS W ~'
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I, DALE L. FLOYD, of the Borough of Carlisle,
~-~°
~~
Cumberland County, Pennsylvania
being of sound 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 of my debts,
funeral and administrative expenses as soon as may be done conveniently after my 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 of my estate.
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 restriction 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 and 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.
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THREE. I hereby give, devise and bequeath all of my estate of every nature and
wherever situate to be distributed IN TRUST, for my spouse, VIRGINIA S. FLOYD, subject to
the following provisions:
A. The estate shall be divided by the Trustee into two separate trusts, hereinafter
referred to as Trust A (the Marital Trust), and Trust B (the Family Trust).
B. Trust A, the Marital Trust, shall consist of all of my assets other than those
allocated to Trust B, the Family Trust.
C. 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 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 Family 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.
D. From the Marital Trust, the Trustee shall pay all of the net income to my
spouse, VIRGINIA S. FLOYD, in monthly payments. My spouse also has the right to 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
2
Trustee shall distribute the remaining principal and accumulated income of the Marital Trust shall
be distributed as follows:
1. Ten Percent (10%) of my estate to The Brethren In Christ Church of
Carlisle, Cumberland County, Pennsylvania.
2. All the rest, residue and remainder of my estate of every nature and
wherever situate to my children, Carol A. Zeigler and Nancy K. Bennett, in
equal shares, per stirpes, which provides that the child or children of any
deceased child taking the share their parent would have taken if living. If
one of my children dies without living issue, the share of said deceased
child shall be distributed equally to the other children living at that time, per
stirpes.
E. From the Family Trust, the Trustee shall pay all of the net income to my
spouse, VIRGINIA S. FLOYD, in monthly 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
3 / u/,%\ ^
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any subsequent year. Upon the death of my spouse, the remaining accumulated income and
principal of the Family Trust shall be distributed as follows:
1. Ten Percent (10%) of my estate to The Brethren In Christ Church of
Carlisle, Cumberland County, Pennsylvania.
2. All the rest, residue and remainder of my estate of every nature and
wherever situate to my children, Carol A. Zeigler and Nancy K. Bennett, in
equal shares, per stirpes, which provides that the child or children of any
deceased child taking the share their parent would have taken if living. If
one of my children dies without living issue, the share of said deceased
child shall be distributed equally to the other children living at that time, per
stirpes.
F. If any of my beneficiaries or heirs are under the age of twenty-one (21) years of age 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 into 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, as well as 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. 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
4
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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-one (21) years. However,
notwithstanding the above, the Trustee shall have the sole discretion throughout the duration of
this trust in which 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 which 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-one (21) 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 distributed 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 Three G. set forth directly below.
G. In the event that my spouse predeceases me, dies simultaneously or I choose
for whatever reason during my lifetime to withdraw all of the assets from the Marital Trust set
forth in my spouse's Last Will and Testament 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
5
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lifetime, then in that event, I hereby give, devise and bequeath all the rest, remainder and residue
of my estate under this Paragraph Three to be distributed as follows:
1. Ten Percent (10%) of my estate to The Brethren In Christ Church of
Carlisle, Cumberland County, Pennsylvania.
2. All the rest, residue and remainder of my estate of every nature and
wherever situate to my children, Carol A. Zeigler and Nancy K. Bennett, in
equal shares, per stirpes, which provides that the child or children of any
deceased child taking the share their parent would have taken if living. If
one of my children dies without living issue, the share of said deceased
child shall be distributed equally to the other children living at that time, per
stirpes.
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 exemption 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.
6
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 tax 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 tot 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".
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 exempt trust and
the non-exempt trust.
7
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 for the benefit
of the same beneficiary; similarly, the Trustee may combine non-exempt trusts for the same
beneficiary.
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 the 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 of his or her '
creditors and the creditors of his or her estate. Upon the beneficiary's death, to the extent he or
8
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 Trustees, as well as my Executor or Executrix, shall have the 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:
The Trustee, at his or her 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 to 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, Virginia S. Floyd, to be the Executrix of
this my Last Will and Testament. If my spouse has predeceased me, failed to qualify, renounced
or ceased to serve as Executrix for whatever reason, I then appoint my daughters, Carol A.
9
Zeigler and Nancy K. Bennett, or the survivor of them, to serve as Co-Executors of my estate. In
the event that both have predeceased me, failed to qualify, renounced or ceased to serve as Co-
Executors for whatever reason, I then appoint Financial Trust Services Company 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 Roy A. Zeigler to serve as Trustee of the trust
estate as set forth in paragraph Three F. hereof which are for the benefit of any of his children
with my daughter, Carol A. Zeigler. Likewise, I hereby nominate and appoint Richard L, Bennett
to serve as Trustee of the trust estate as set forth in paragraph Three F. hereof which are for the
benefit of any of his children with my daughter, Nancy K. Bennett. For any other trust(s) created
herein, or as a substitute Trustee for the aforementioned Trustee(s) if they are unable to serve in
such capacity for whatever reason, I hereby nominate and appoint Financial Trust Services
Company to serve as Trustee 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 thirty (30} days.
TEN. In the event of a common disaster causing the death of myself, my spouse and all of
my children and grandchildren, without surviving issue, all within a period of thirty (3 0) days, and
no other disposition of the residue of my estate is directed by this Will, then in that event only, I
10
give, devise and bequeath the rest, residue and remainder of my estate, real and personal, to be
divided as follows:
A. Ten percent (10%) to The Carlisle Salvation Army;
B. Ten percent (10%) to America's Keswick, Whiting, New Jersey; and
C. Eighty percent (80%) to be distributed with two-thirds (2/3) to The
Brethren In Christ Church, Carlisle, Cumberland County, Pennsylvania, and
one-third (1/3) to Messiah Village, Mechanicsburg, Cumberland County,
Pennsylvania.
ELEVEN. 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.
TWELVE. If any person or institution entitled to share in any distribution under the
terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest
the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its
entire interest inherited hereunder and all provisions in favor of such person or institution shall be
declared void and of no effect. The share of such person or institution so forfeited shall be
distributed as part of the residue pursuant to Paragraph Three G. hereof except that if such person
or institution is entitled to share in the said residue, that interest shall be distributed
proportionately to the other residuary distributees.
THIRTEEN. 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.
11
FOURTEEN. I hereby suggest that my personal representative retain the services of
Irwin, McKnight & Hughes at attorneys in the settlement of my estate.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 6th day of
November, 1996.
SEAL)
DALE L. FLOYD
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.
~t~
12
ACKNOWLEDGMENT AND AFFIDA VIT
WE, DALE L. FLOYD, 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.
~~ V ~'~C. r [~
DALE L. FLOYD
C ~iil~ l l/p o~
~HERYL L. CLEL D
~'/ll G~~
~AR L. NOE~
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND :
Subscribed, sworn to and acknowledged before me by DALE L. FLOYD, the testator
herein, and subscribed and worn to before me by CHERYL L. CLELAND and MARTHA L.
NOEL, witnesses, this day of November, 1996.
otary ublic
Actor Notary Public
MY Commis,;;~ ~~. t
Member, Pennsyiva,~ia
Asrodanon