HomeMy WebLinkAbout01-13-11PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of William D. Greenlee
also known as
Barbara B. Greenlee
Deceased
COUNTY, PENNSYLVANIA
File Number ~ ~ > ~ - (~_~~
Social Security Number 168-30-5228
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
last Will of the Decedent dated 11/20/1997 and codicil(s) dated
named in the
(State relevant circumstances, e.g., renunciation, death of executor, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
0 B. Grant of Letters of Administration
(If applicable, enter: c. t. a.; d. b. n. c. t. a.; pen~dente 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 any) and 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.)
Decedent, then 72 years of age, died on September 30, 2010
at MS Hershey Medical Center, Derry 7'wp. Dauphin County
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
situated as follows:
$,
.~.~'~~ //~ 000 .._
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 u~iersigned: ~
i na ure T ed or rinted name and residence _~
~• Barbara B. Greenlee
`` 768 Arlington Road
' Camp Hill, PA 17011
11,000.00
For,~z Rw-o~ rw. ~0.~3.0~ Page 1 of 2
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. : -~ - - -y~ -
Cumberland c ~? ~ ~ ~
Decedent was domiciled at death in County, Pennsylvania with leis /her last principal r~letice at ~ ~.~ p
768 Arlington Road, Camp Hill, Cumberland County PA 17011 ~
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(List sb•eet address, tow~~/city, township, county, state, zip code)
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CU ~~ ~ l~~
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true anti correct to the best of
the knowledge anu belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law. ~ ~ n
Swo;n to or affirmed acid subscribed
before me the ~~~ day of
of Personal Rc~iresentative
. ` ~ ~~' ~ Signature of Personal Representative ~ ~~
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For the Register signature of Personal Representative '° ' -- t'°'
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File Number: c~ ~ l ~ ~~__~ :n ,~•,•~ ~
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Estate of William D. Greenlee
Deceased.
Social Security Number: ~~~~ - =~' -.`j2,2 ss Date of Death: ~`~ - ~~~ - ~- C_~d'(~
AND NOW, ~ ~~~r,t t'-~t l ~ ~C3Z ( , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters ~e~S t VL _,( ~~ a ~
are hereby granted to '~,C'ri'~ ~ C~a Y"(' i r~ G- /Ln o of 4~
_ in the above estate
and that the instrument(s) dated l~ ' -~0 - / ~l `~7
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES ~d ~'. -~,~~
Reis r of ills _ ~
Letters ............... $~ o C) C~+ f ~' ~ ~.~-E' li(--~~ X~ ~'Y? C~~ G
Short Certificate(s) ........ $ I "~C~~ Attorney Signature:
.~~=---.
Renunciation(s) .......... $
~t~ ll ... $ 1~ _~
AL~£iY~'1E~ ~iC~Y1 ... $ ~~-a~
... $
... $
... $
... $
... $
... $
TOTAL ~~ ~~
.............$~~c~~
Form RW-02 rev. 10.!3.06
Page 2 of 2
Attorney Name: Benjamin J. Butler
Supreme Court I.D. No.: 81948
Address: 500 N. Third Street
P.O. Box 1004
Harrisburg, PA 17108-1004
Telephone: 717-236-1485
OCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
~ Fee for this certificate, $6.00
P 1680440
Cert(fication Number
43 REV 11@008
f /PRINT IN
-RMANENT
il.AClc ~
This is to certify that the information here gzven is
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vital
Records Office for permanent filing.
~~
Local Registrar Date Issued
COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
(See Instruetlons and examples on reverse) .._.__
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1. Name a Decedent (Fleet. middle, lest, au1Poc) 2. Sex 3. Sodel SectaNy Number 4. Dab a Death (Maim, deY~ Year)
. Male 168 - -5228 tember 30 2010
5. Age (l,et Sktltdey) Under 1 r Urtder 1 do 8. Date a ~ 7. & and ebb « Be. Place a Deem Check one
M0nn1e ~" Mores M1M1bt Hospital: Other:
72 vts. ~p
Fe 1,1938 Plttsbur , PS ~ Inpatlerd ^ ER I outpehent ^ DOA ^ Nurakq Hans ^ Residence ^ Deter • SpecHy:
Bb. Courtly a Death 8c. City, Oao, Twp. a Deets 8d. FecMty Name (M rat ktetlhRlort, give sheet end nurrmer) 9. Wu Deaden a
FNePenk lhrgn4 No ^ Vas 10. Race: American kxMen, &edc, White, etc.
• rn Y•8, +~dN ct,e.n, (
Mexkbrl, Puerto Rlan, etc.)
Mite
1 i. DeadeM'e Uewl Kkd d work done mat a pie. Do not stale 12. Was Decedent ever In the 13. Decedertre Eduatlar (Seedy Doty hiptwet grade compNted) 14. AbrMel Stabx: Mended, Never Mertkd, 15. Surviving Spouse (M wke, give maiden name)
land a Wale Kkd a 8uaheee/Industry U.S. Artnd Fo
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sT Ekernerttery /Secondary (0-12) Cakege 1.4 or 5+)
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^ Yee tiff No ~ t•~y 1~ iXLL Ugrg DAL Vwn
• t B. DeoedenYe IvlapinQ Address (Sheet, ay / rown, state, zip code) Decedents Dd DeadeM
17110 tan Roac1
768 Actual Realdata 17a. Stale Live in a 17c.
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es, Decedent Lived in
Twp.
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Camp Hi11
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1m. Count' lAlu~i ~-~L~1 Township? 17d. De alived within
, Cityl Bao
18. Femers Name (Flret, middle, leaf, aWAx) 1 g. Momele Name (Feet, mkldk, maiden aumartre)
Audre Buechel
20e. Mlaatenre N«rre (TYPs / ~U 20b. kdornrerd'a McWrq Addme (Sheet, aq / kwm, ebb, zip code)
Barbera Greenlee 768 Atli ton Road Camp Hil1,Pa 17011
• 2iG MsMtod d Dfepod8at r (~ cr«naBon ^ Donear 21b. Dab a I)fepoeitlon (Morten, day, Year) 210. Plea a DlepoeMbrt (Name a cemetery, txenterory a other tom) 21 d. Location (city' /town, stab, zip code)
^ eudei ^ Rernwel nom ebb i was ta.ntatlar or Dautlon AWwrlsd
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cY ExantbtarlcorareR Yee
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No
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d Service License ( ee each) 22b. License Number 22a Name end Address a Far3Ay
- 011654-L ens-Harney Flmeral Home Inc 1903 Market St Hill Pa 17011
perro 23se sty when oedMyMp 23e. To the txset a my krawledge, death oaurred at the time, data end pba ebbd. (Signature and 1Mb) 23b. Lloente Number 23c. Date SI
9ned (Month, day, Year)
phyeidart b not mNeble et tkne a deem ro
antsy rxluee a seem.
Marne 24.26 must De completed by person 24. Tkn a Deem 25. Dale Pratourtoed Dsed (M
onet
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ay, Y•ar) 29. Wee Case Refened ro MseBal Examiner / Caster to a Reason Omer men Cremetbn « Daretlon?
who prortoutaedeem. ~ O ` D3 /QM. w
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S~P?'~~ ~G ~, ~O~ ~.O ~ O ^ Yes ^ No
CAUSE OF DFJ1T14 (Sss Instructions and sxsmpNs) t Approxkneb krbrvai:
Ibm 27. Pert I: Err dte - dseeeee, njudee, a carpliatron -met dksdly caused me death. DO NOT enter bmdnl everts each as cardiac arrest, ~ Onset ro Dsam Pert II: Eller Deter
but not reeultl
ng in dts undertykg ease given in Part i. 28. Did Tobacco Use CarddbrRe b Deem?
~
Yes ^ P
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reepkabry serest, a ventrkxrbr flbriAatlar wMhout showkg the etlobgy. Llet only ab sues on each Noe.
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ATE CAUSE FYW d
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^ No ^ Unknown
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esaee a
oad8o rseultlrM in ~) _~ a. ~iv~E ~P Sl s ~ CQPD 29. If Female:
^
Duero « es a r
~ ~~ Not pregnnt wlmin past year
A
M~Nat catdUone, H arty, b. ~ iN ell O~/ln / ~ i
fo tetras Mbd on ~° °
IV ~IC'j/'I'~ ~ P err J~ ~
^ Pregnant at dma of deem
' Duero a as a
Nt.YNGCAUSE ( careePeena alp ;
Enbr UN
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E ^ Na pregn~4 but t wimin 42 da
pregnn ys
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y
eve~rrba`renrYn6tl~ In ~m)iAST~e c. ~ _~.~ L~ a deem
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Duero (« es a cortsequerta of): Not pregnnt, but pregnant 43 days ro 1 year
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d. r
r before death
^ Unknown N pregnant wimin the past year
30e. Wee an Auropey
Perfonrted7 30b. Wsro Areropey Fktdnge
Avsibble Prbr to Corrpktlon 31. tAertner of Deem 32e. Date a Injury (Harm, day, Year) 32b, Deacrtbe How Injury Occurred 32c. Plan a Injury: Home, Ferm, Street, Factory,
'
a Cause a Deam7 ~ NaWrel ^ Haddde OfAce Bulld
mg, ero. (SpedyJ
^ Yee ~ ^ Yes ^ No ^ Accident ^ Perdkrg Invastlgetlort ~. Thne a Injury 32e. Injury at Watfr 32f. N TrerurpoMdon Injury (SpecY/yJ 32g. Laxltbn a Injury (Sheet, riry /town, stele)
^ Suidds ^ Could Nd be Datermkrd
M
^ Yea ^ No
^ Driver/Operator ^ Passenger ^ Pedeelrien .
Omer - Spedlj%
93a. CertlAer (dtedr arty on) 33b. Signature and Title rtlAer
• CeAMyMq pbyNcNn (Phyekisn cartllying sues a deem when ano8>er physician hee prarourad deem and comPbted Hem 23)
a
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To the bast of my ImewNdgs, dean oaunsd dw to 1M cwae(s) and manner w ebMd _ _ _ ^ "'~
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• w and ardh"bw Phr~ ( ~+ Prq deem ens aertlyttg a case a deem) ~. ~• 33d. Date ,say,
-
To the bast of nM browNepe, loam occurred n Urs time, date, and pboa, and due to Mrs eauae(a) arrd marswr r usbd_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
• liiadical lerundtrar(Caorrr
HT ~ 9Gle
`T 30 ~ a
on Un hots a urrrdrwdon and I a Inwstigrkbrt, b my opinion, deetlr occurred rt are tbn, dMS, and pba, arts due to the arre(e) and manner r wbd_ ^ 34. Name end Addeeee a Person Vna
Cortpletsd cause d Deem (Item 27) Typ3 / Prtnt
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Oiepaitlon Permit No. O f ` ~,~~
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LAST WILL AND TESTAMENT OF
,.,
GREENLEE ~-- ~,.~ - ,: _~7 -~
WILLIAM D. ~ ~~,
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I, WILLIAM D. GREENLEE, of Cumberland County, Pennsyl~aa,---
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do hereby make this my Last Will and Testament, revoking Ea~-y`--~ -°
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former W i 11 s and Cod i c i 1 s made by me . .~_t ~ ?~ ~~
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ARTICLE ONE
IDENTIFICATION OF FAMILY MEMBERS
I am married to Barbara B. Greenlee, and all references to
my wife in this Will are to her. I have three children: Janis
,G. Hamann (born October 8, 1961); Patricia G. Thornton (born
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^='.L== 16, 1965); and Daniel P. Greenlee (born August 3, 1984).
These and any other children born to or adopted by my wife and me
are described in this Will as "my children," or as "a child of
mine." Any person born to or adopted by a child of mine is
described in this Will as "my issue." Provided, however, no
adopted person shall benefit hereunder unless the order or decree
of adoption is entered before such adopted person attains the age
of twenty-one (21) years .
ARTICLE TWO
BEQUEST OF TANGIBLE PERSONAL PROPERTY
I give my tangible personal property and all casualty insur-
ante that I am carrying on said tangible personal property to my
wife, or, if she does not survive me, I give said property to
such of my children who are living at my death, to be divided
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equitably among or between them as they may determine, or, if
they are unable to agree, as my Personal Representative shall
determine, after considering the wishes of such children. I have
complete confidence that my wife, my children or my Personal
Representative will honor any written instructions that I may
leave with regard to said tangible personal property. ,Any such
property not so distributed shall be sold, and the proceeds added
to my estate to pass as hereafter described.
ARTICLE THREE
MARITAL BEQUEST
If my wife shall survive me, I give, devise and bequeath to
my wife, cash, securities or other property of my estate (undi-
minished by any estate, inheritance, succession, death or similar
taxes) having a value equal to the maximum marital deduction as
finally determined in my federal estate tax proceedings, less the
aggregate amount of marital deductions, if any, allowed for such
tax purposes by reason of property or interests in property
passing or which have passed to my wife otherwise than pursuant
to the provisions of this Article; provided, however, the amount
of this bequest shall be reduced by the amount, if any, needed to
increase my taxable estate (for federal estate tax purposes) to
the largest amount that, after allowing for the unified credit
against the federal estate tax, and the state death tax credit
against such tax, will result in the smallest (if any) federal
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estate tax being imposed on my estate. The term "maximum marital
deduction" shall not be construed as a direction by me to exer-
cise any election respecting the deduction of estate administra-
tion expenses, the determination of the estate tax valuation
date, or any other tax election which may be available under any
tax laws, only in such manner as will result in a larger allow-
able estate tax marital deduction than if the contrary election
had been made. My Personal Representative shall have the sole
discretion to select the assets which shall constitute this
bequest. In no event, however, shall there be included in this
bequest any asset or the proceeds of any asset which will not
qualify for the federal estate tax marital deduction, and this
bequest shall be reduced to the extent that it cannot be created
with such qualifying assets. My Personal Representative shall
value any asset selected by my Personal Representative for
distribution in kind as a part of this bequest at the value of
such asset at the date of distribution of such asset.
ARTICLE FOUR
RESIDUARY BEQUEST
I give, devise and bequeath the rest, residue and remainder
of my property of every kind and description (including lapsed
legacies and devises), wherever situate and whether acquired
before or after the execution of this Will, to my Trustee,
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hereinafter named, to be held, administered and distributed as
the "Bypass Trust."
ARTICLE FIVE
ADMINISTRATION AND DISPOSITION OF BYPASS TRUST
The Bypass Trust shall be held, administered and distributed
as follows:
(1) My Trustee shall pay to or apply for the benefit of any
one or more of my said wife, my children and my issue, until
division into shares pursuant to Paragraph (4), all of the net
income from the Bypass Trust in convenient installments in such
shares and proportions as my Trustee in its sole discretion shall
determine primarily for the medical care, education, support and
maintenance in reasonable comfort of my said wife, children and
issue, taking into consideration to the extent my Trustee deems
advisable, any other income or resources of my said wife,
children and issue known to my Trustee, considering that my wife
is the primary object of my bounty.
(2) Prior to division into shares pursuant to Para-
graph (4), my Trustee may pay to or apply for the benefit of any
one or more of my said wife, children and issue such sums from
the principal of the Bypass Trust in such shares and proportions
as in its sole discretion shall be necessary or advisable from
time to time for the medical care, education, support and mainte-
nance in reasonable comfort of my said wife, children and issue,
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taking into consideration to the extent my Trustee deems advis-
able, any other income or resources of my said wife, children and
issue known to my Trustee, considering that my wife is the
primary object of my bounty. Any payment or application of
benefits for a beneficiary pursuant to this Paragraph shall be
charged against this Trust as a whole rather than against the
ultimate distributive share of such beneficiary to whom or for
whose benefit the payment is made.
(3) My wife shall have a special power to appoint all or
any portion of the Bypass Trust during her lifetime by written
document, delivered to my Trustee, referring expressly 'to this
Article, or by Will, validly executed and attested referring
expressly to this Article, among such other person or persons
hereinafter named or described, absolutely or in trust, as she
may indicate. This special power of appointment is exercisable
only in favor of a child of mine as described in this Will or to
the issue of any such child. My wife shall have no power to
appoint the principal of this fund or income accumulated thereon
to herself, to her estate, to her creditors, or to the rreditors
of her estate. My Trustee may rely upon an attested Will probat-
ed in any state that otherwise meets the requirements of this
Paragraph.
(4) In default of the exercise of such power of appointment
by my said wife, or insofar as any part of the Bypass Trust shall
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not be effectively appointed, then upon the death of my said
wife, or upon my death if my wife did not survive me, the entire
remaining principal of the Bypass Trust, or the part of such
trust not effectively appointed shall be divided into equal
separate shares so as to provide one (1) share for each then-
living child of mine and one (1) share for each deceased child of
mine who shall leave issue then living. The share provided for a
living child of mine shall be distributed to such child. The
share provided for a deceased child of mine who shall leave issue
then living shall be distributed per stirpes to such issue.
(5) If at the time of my death, or at any later time prior
to final distribution hereunder, my wife, my children, and all my
issue are deceased and no other disposition of the property is
directed by this Trust, then and in that event only, the then-
remaining property of this Trust, together with any undistributed
income, shall be divided and paid over and distributed one-half
(2) to those persons then living who would then be my heirs,
their identities and respective shares to be determined in
accordance with the law then in effect in the Commonwealth of
Pennsylvania, as if I had then died intestate, and one-half (2)
to those persons then living who would then be my wife's heirs,
their identities and respective shares to be determined in
accordance with the law then in effect in the Commonwealth of
Pennsylvania, as if she had then died intestate.
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(6) My Trustee shall send the income beneficiaries or their
representatives statements showing the transactions in the Bypass
Trust at least annually. My Trustee and any beneficiary shall be
entitled at any time to seek a judicial settlement of the account
of the Bypass Trust in any court of competent jurisdiction
selected by my Trustee. Alternatively:
(a) My Trustee may at any time settle any account or
question concerning the administration of the Bypass Trust
by agreement with the current income beneficiaries and
either with their then legally competent living descendants
or with all the legally competent persons who my Trustee
determines would be entitled to receive a share of the
principal if the Bypass Trust were to end at the time of the
agreement (disregarding powers of appointment); however,
(i) If my Trustee determines that there is no
legally competent person to make an agreement, then the
agreement may be made by the legal representative,
legally competent spouse or oldest legally competent
relative of the closest degree of each person specified
above; and
(ii) If an addition is made by Will or from
another trust, my Trustee may accept the statement of
the fiduciary that the property delivered to my Trustee
constitutes all the property to which my Trustee is
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entitled. My Trustee shall have no duty to require the
fiduciary to state an accounting of his, her or its
administration or to inquire into any action of the
fiduciary, and only shall be responsible for the prop-
erty which my Trustee receives.
(b) Any agreement under the above subparagraph (a)
shall bind all persons who may ever be interested in the
Bypass Trust, and shall effectively release and discharge my
Trustee.
ARTICLE SIX
SUBCHAPTER "S" SAVINGS PROVISIONS
(1) To the extent that the property available to fund the
Bypass Trust created under Article Four consists of "S" Corpora-
tion stock, and my Personal Representative elects to fund the
Bypass Trust with "S" Corporation stock, then all such stock
shall be allocated to a separate trust, to be known as the
"ASST/Bypass Trust." The term "'S' Corporation" means a corpora-
tion for which an election under Subchapter "S" of the Internal
Revenue Code of 1986, as amended, is in effect.
• (2) The QSST/Bypass Trust shall be held, administered and
distributed as follows:
(a) My Trustee shall pay all of the income of the
QSST/Bypass Trust to my wife at least annually.
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(b) My Trustee may pay to, or apply for the benefit of
my wife, from time to time, so much of the principal of the
QSST/Bypass Trust as my Trustee determines to be necessary
or advisable to provide for her medical care, education,
support and maintenance in reasonable comfort. In exercis-
ing this discretionary power, my Trustee may, but need not,
consider any other resources of my wife, and shall give
primary consideration to my wife's needs and desires.
(c) The QSST/Bypass Trust shall terminate upon the
death of my wife, or upon my death, if my wife did not
survive me. Upon the termination of the QSST/Bypass Trust,
my Trustee shall pay any accrued but undistributed income,
if any, to my wife's estate, if she survived me. My Trustee
shall then divide the principal of the QSST/Bypass Trust
into equal separate shares so as to provide one (1) share
for each then-living child of mine who is eligible to be a
shareholder of an "S" Corporation. The share provided for a
living child of mine shall be distributed to such child,
notwithstanding the protective provisions of Article Seven.
(d) My wife, or her legal representative, may elect to
have the QSSTJBypass Trust treated as a qualified "S" Corpo-
ration trust as provided in ~1361(d) of the Internal Revenue
Code of 1986, as amended, or such similar section as may
then be in effect. If such election is not made in a timely
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or proper fashion, the ASST/Bypass Trust shall immediately
terminate and all assets of the QSST/Bypass Trust shall be
distributed outright to my wife.
(e) If, at the time of my death, or at any later time
prior to final distribution hereunder, my wife, my children
and all my issue are deceased, then and in that event only,
the then-remaining property of the QSST/Bypass Trust, to-
gether with any undistributed income, shall be divided, paid
over and distributed as follows: one-half (2) to those
persons then living (who are eligible as shareholders of an
"S" Corporation} who would then be my heirs, their identi-
ties and respective shares to be determined in accordance
with the law then in effect in the Commonwealth of Pennsyl-
vania, as if I had then died intestate, and one-half (z) to
those persons then living (who are eligible as shareholders
of an "S" Corporation) who would then be my wife's heirs,
their identities and respective shares to be determined in
accordance with the law then in effect in the Commonwealth
of Pennsylvania, as if she had then died intestate.
ARTICLE SEVEN
PROTECTIVE PROVISIONS
If any share hereunder becomes distributable to a beneficia-
ry who has not attained the age of twenty-five (25) years, then
such share shall immediately vest in such beneficiary, but
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notwithstanding the provisions herein, my Trustee shall retain
possession of such share in trust for such beneficiary until such
beneficiary attains the age of twenty-five (25) years, using so
much of the net income and principal of such share as my Trustee
deems necessary to provide for the proper medical care, educa-
tion, support and maintenance in reasonable comfort of such
beneficiary, taking into consideration to the extent my Trustee
deems advisable any other income or resources of such beneficiary
or his or her parents known to my Trustee. Any income not so
paid or applied shall be accumulated and added to principal.
Such beneficiary's share shall be paid over and distributed to
such beneficiary upon attaining the age of twenty-five (25)
years, or if he or she shall sooner die, to his or her executors
or administrators. I recommend that my Trustee consider dis-
tributing all income from such share to such beneficiary when
such beneficiary attains the age of twenty-one (21) years. My
Trustee shall have with respect to each share so retained all the
powers and discretions had with respect to the trusts created
herein generally.
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ARTICLE EIGHT
PERPETUITIES SAVINGS PROVISION
Anything in this Will to the contrary notwithstanding, no
trust created herein shall continue beyond twenty-one (21) years
after the deaths of the last to die of my issue living at the
time of my death; upon the expiration of such period, all trusts
shall terminate and all the assets thereof shall be distributed
to those beneficiaries (and in the same proportions) as are then
entitled to receive the income therefrom.
ARTICLE NINE
SIMULTANEOUS DEATH
If any beneficiary and I should die under such circumstances
as would render it doubtful whether the beneficiary or :L died
first, then it shall be conclusively presumed for the purposes of
this my Will that said beneficiary predeceased me; provided,
however, that if my wife shall die with me as aforesaid, I direct
that my wife shall be conclusively presumed to have survived me.
ARTICLE TEN
PERSONAL REPRESENTATIVES AND TRUSTEES
(1) I name my wife, Barbara B. Greenlee, as my Personal
Representative. If she is unable or unwilling to serve, I name
my daughter, Patricia G. Thornton, as my Personal Representative.
I direct that my Personal Representative, and her successors,
herein referred to as my Personal Representative regardless of
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number or gender, serve without bond in any jurisdiction in which
called upon to act.
(2) I name my wife, Barbara B. Greenlee, and my daughter,
Patricia G. Thornton, as my Co-Trustees. I direct that my Co-
Trustees, and their successors, herein referred to as my Trustee
regardless of number or gender, serve without bond in any juris-
diction in which called upon to act.
(3) If my daughter should fail to qualify as Trustee here-
under, or for any reason should cease to act in such capacity, or
if both my wife and my daughter should be unable or unw:filling to
serve (or continue serving) as Co-Trustees, the successor or
substitute Trustee shall be some qualified person, including an
attorney, accountant, bank with trust powers, or trust company,
which successor or substitute Trustee shall be designated in a
written instrument filed with the court having jurisdiction over
the probate of my estate and signed by my wife, or if she fails
to act, signed by or on behalf of a majority of my children who
have attained the age of eighteen (18) years, or if they fail to
act, by the court having jurisdiction over the Trust. The situs
of the Trust may be transferred to the situs of such successor or
substitute Trustee by designation in the written instrument
aforesaid.
(4) Any corporate Trustee or Personal Representative shall
receive compensation in accordance with its standard schedule of
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fees in effect while its services are performed. No individual
Trustee or Personal Representative who is a beneficiary of any
trust under this Will shall receive compensation.
ARTICLE ELEVEN
POWERS OF PERSONAL REPRESENTATIVE AND TRUSTEE
(1) I give to any Personal Representative and to any
Trustee named in this Will or any Codicil hereto or to any suc-
cessor or substitute Personal Representative or Trustee all of
the powers enumerated in this Will and all of the powers applica-
ble by law to fiduciaries in the Commonwealth of Pennsylvania and
in particular through the Pennsylvania Probate, Estates and Fidu-
ciaries Code, as effective and as in effect on the date of my
death, during the administration and until the completion of the
distribution of my estate, and until the termination of all
trusts created in this Will or any Codicil hereto and until the
completion of the distribution of the assets of such trusts. I
direct that all such powers shall be construed in the broadest
possible manner and shall be exercisable without court authoriza-
tion.
(2) In determining the federal estate and income tax
liabilities of my estate, my Personal Representative shall have
discretion to select the valuation date and to determine whether
any or all of the allowable administration expenses in my estate
shall be used as federal estate tax deductions or as federal
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income tax deductions and shall have the discretion to .file a
joint income tax return with my wife.
(3) If at any time any trust created hereunder (or any
share thereof if the trust shall have been divided into shares)
shall be of such value that, in the opinion of my Trustee, the
administration expense of holding the assets contained therein in
trust is not justified, my Trustee, in its absolute discretion,
may terminate such trust and distribute the trust property to the
person or persons then entitled to receive or have the benefit of
the income therefrom or the legal representative of such person.
If there is more than one income beneficiary, my Trustee shall
make such distribution to such income beneficiaries in the pro-
portion in which they are beneficiaries or if no proportion is
designated in equal shares to such beneficiaries.
(4) My Personal Representative and Trustee are authorized
and empowered to acquire and to retain, either permanently or for
such period of time as my Personal Representative or Trustee may
determine, any assets, including the capital stock of any closely
held corporation, whether such assets are or are not of the
character approved or authorized by law for investment by fidu-
ciaries and whether such assets do or do not represent an
overconcentration in one investment.
(5) My Personal Representative and my Trustee are autho-
rized and empowered to disclaim any interest, in whole or in
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part, of which I, my Personal Representative, or my Trustee, may
be the beneficiary, devisee, or legatee, by executing an
appropriate instrument (in accordance with section 2518 of the
Internal Revenue Code of 1986, as amended, or such similar
section as may then be in effect).
(6) My Personal Representative and Trustee are authorized
and empowered to sell at public or private sale, or exchange, and
to encumber or lease, for any period of time, any real or person-
al property and to give options to buy or lease any such proper-
ty. Additionally, my Personal Representative and Trustee are
authorized and empowered to compromise claims, to borrow from
anyone (including a fiduciary hereunder) and to pledge property
as security therefor, to make loans to and to buy property from
anyone (including a fiduciary or beneficiary hereunder);' provided
that any such loans shall be adequately secured and at a fair
interest rate.
(7) My Personal Representative and Trustee are authorized
and empowered to allocate property, charges on property, receipts
and income among and between principal or income, or partly to
each, without regard to any law defining principal and income.
(8) My Personal Representative and Trustee are authorized
and empowered to join in any merger, reorganization, voting-trust
plan or other concerted action of security holders, and delegate
discretionary duties with respect thereto.
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(9) My Personal Representative and Trustee are authorized
and empowered to distribute in cash or in kind or partly in each.
ARTICLE TWELVE
LIMITATION ON TRUSTEES
No person who at any time is acting as a co-trustee (if any)
hereunder shall have any power or obligation to participate in or
to exercise any discretionary authority that I have given to my
Trustee to pay principal or income to such person, or for his or
her benefit or in relief of his or her legal obligations. Such
discretionary authority shall be exercised solely by the disin-
terested Co-Trustee(s).
ARTICLE THIRTEEN
SPENDTHRIFT PROVISION
No interest of any beneficiary under this Will, any Codicil
hereto, or any trust created herein, shall be subject to anti-
cipation or to voluntary or involuntary alienation.
ARTICLE FOURTEEN
TAX APPORTIONMENT
All estate, inheritance, succession and other death taxes
imposed or payable by reason of my death and interest and penal-
ties thereon with respect to all property comprising my gross
estate for death tax purposes, whether or not such property
passes under this Will, shall be paid out of the residue of my
estate, as if such taxes were expenses of administration, without
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apportionment or right of reimbursement. I authorize my Personal
Representative and Trustee to pay all such taxes at such time or
times as deemed advisable.
ARTICLE FIFTEEN
NOMINATION OF GUARDIANS FOR MINORS
If my wife does not survive me, I hereby appoint my daugh-
ter, Patricia G. Thornton, or if she shall be unable or unwilling
to serve, I appoint Antoinette Dinatale as guardian of the person
of any minor child of mine, said guardian to serve without bond
or surety and without the intervention of any court or courts,
except as required by law.
IN WITNESS WHEREOF, I have set my hand and seal on this my
Last Will and Testament this ~0 ~`- day of /(,~,.~-zrc~-mot. 1997 .
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.~,...,..- ~ ~ ,~.sc....~~-.~ ~`-~-. (SEAL )
WILLIAM D. GREEN EE
SIGNED, SEALED, PUBLISHED, and
DECLARED by WILLIAM D. GREENLEE,
as and for his Last Will and
Testament, on the day and year
last above written, in the
presence of us, who, at his
request, in his presence, and
in the presence of each other,
all being present at the same
time, have hereunto subscribed
our names as witnesses:
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SELF-PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF DAUPHIN
Pamela S . Wolf e
WE, WILLIAM D. GREENLEE, and
Bridget M. Whifrey ,
and Kristi P. Foster , the
Testator and the witnesses, respectively, whose names are signed
to the attached or 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 (willingly directed another to sign for
him), 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 to the best of his or her knowledge the Testator was
at that time eighteen (18) years of age or older, of sound mind,
and under no constraint or undue influence.
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WILLIAM D. G EENLEE, Testator
witness
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Witness
Subscribed, sworn to, and acknowledged before me by WILLIAM
D. GREENLEE, the Testator, and subscribed and sworn to before me
by
of
Bridget M. Whitley Pamela S. Wolf e and
Kristi P. Foster witnesses, this ~~ Lam- day
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Notary Publii.c NOTARIA ~ L
MICHELLE E. BOY~ER, otGry Public
Harrisburg C;iry in County
M .~4[~rrt,s;~o°i Fr,n'r~< t~`~u' g. 1~~-'~,8
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