Loading...
HomeMy WebLinkAbout01-18-11IN THE COURT OF COMMON PLEAS OFR OF WILL5 ND COUNTY, PENNSYLVANIA REGI5TE PETITION FOR PROBATE AND GRANT OF LETTERS Estate of Paul R. Gates, Sr. a/k/a: a/k/a: a/k/a: Deceased ESTATE NO: 21- ~ ~ - ~O~ 5S NO: 185-03-1248 Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `~ applicable: [7 A. Probate and Grant of Letters Testamentary orOAdministrationof Test men ary't.a. (con and aver that Petitioner(s) is/are entitled to the aforementi 6 15/200 ers and codicil(s) dated _ the last Will of the above-named Decedent, dated Renunciations signed by daughters, Janet M• G ointi g Paul R. Gat ss,Jan Exec.laine ]unstrom f h' Estate app ,~., AND "C~as ~ ~ ~ r_~ ~ '; art (:also) _; r' f, :x~ x ;:_ --~ ~~ aing tir ' _ _F_~ ~.:~_~ C> right to serve as Executrixes o t is ~ ~ (State relevant circumstances, e.g. renunciation, death of executor, etc.) b Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution oftlze instruments offered for probate; ceedint tat theth'rrte of death wherein groundstfor d-vorce hadtb en established as defined in party to a pending divorce pro g 23 Pa. C.S.A. § 3323(8): ^ B. Grant of Letters of Administration (If applicable, enter d.b.n., pendent lite, durante absentia, durante minoritate) C. Petitioner(s), after a grope heirsc If Ad/mmistrationac tea. oh d.b.n cdtea.t e er da ellof Will n Section A and complete list of following spouse (if any) and ( heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a Pay ex ept as follows: rce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(8), P v.~9ri..nshin to Decedent Paul R. Gates, Jr. Janet M. Gates Phoebe R. Gates E Elaine Junstrom I'SE ADDITIONAL SHEETS IP' NECESSARY 24 Wesley Drive, Mechanicsburg, PA 17055 069P Allendale Road, Mechanicsburg, PA 17055 5 Blue Mountain Vista, Mechanicsburg, PA 17050 .5 Blue Mountain Vista, Mechanicsburg, PA 17050 ughter THIS SECTION MUST BE COMPLETED: Decedent was domiciled at death in CumberlA d ~055Ty~ Pennsylvania, with his/her last family or principal residence At 58 West Keller Street Mechanicsbur ~ (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) 10/8/2010 at Mechanicsburg, PA Decedent, then 92 years of age, died ~; and State where death occurred) (Month, Day, Year of death) ( h' Estimated value of decedent's property at death: $ 40,000.00 ~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 $ 140,000.00 Value of Real Estate in Pennsylvania Total Estimated Value $ 180,000.00 Interim Form Location of Real Estate in Pennsylvania: (Provide full address if possible.) nre...ar.1 .e,. Mailing Address(es) OATH OF PERSONAL REPRESENTATIVE Commonwealth of Pennsylvania ~ SS County of Cumberland The Petitioner(s) herein named swear or affirm that theosn res and that as pergsonal representative(s) ofthe correct to the best of the knowledge and belief of Petrt ( ) Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed`and subscribed be re me this ~ 0 ~ day of /~ , Fort R ster C7 `~ ~ J L./ '; C7 ri l.._ ~r DECREE OF PROBATE AND GRANT OF LETTERS T' ~~ -. din *~ ~.. ~`~ ~~] ' ; `l __.7 'r'1 ri f ~_ ~~ a --r, Deceased File Number: 21-~= Estate of Paul R. Gates Sr. y~ ~ , in consideration of the Petition on AND NOW, this ~` -day of the reverse side hereon, satisfactory proof aving been esented before m are hereby gran ed tohat Letters testamentary _. of Administration (If applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.) In the above estate and that instruments(s) dated (~_~ admitted to probate and filed of record as the last Will and described in the petition be of Decedent. Glenda Farner St Register of Wills FEES: Letters ....................$ Will......... ' Codicil(s) ............... (l.~) Short Certificates ~~Q~ ( )Renunciations..... .. Bond ............................ Other ........................... . ............................... Automation FEE......... 5.00 JCS FEE.... 23.50 TOTAL ............... . $ Signature of Counsel Required to Enter Appearance Atty's Signature ~ PRINTED Name: Craig A Diehl, Esquire Supreme Court ID No.: 52so1 Address: 3464 Trindle Road Cam Hill, PA 17011 717-763-7613 Phone: _-.-- 717-763-8293 Fax: ----- Page 2 of 2 hiterim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court 105.905 REV.(3109) his is to certify that this is a true copy of the record which is on file in the Pennsylvania Department of Health> in accordance with T the Vital Statistics Law of 1953, as amended. WARNING: It is illegal to duplicate this copy by photostat or photograph. Linda A. Caniglia State Registrar 5873845 No. H10S71S REV 112008 TYPE /PRIM IN p~ANE K 1. Nraao I 5. rc9. 0+m ~~ eb. ce~nn a owm Cumberland Ory Bra, Trp. a Dssri Mechanicab maid Ib.[ l(bd a Burree NOV 16 20~D ---- ~~te c..._ rn ~ ,,-~,>, 5 S T`~ ;]~ ~ (A 4../ ` ~ `{ ~ I ~ 1 ~ ~ y ~'~ ~ /~. N ~" 4~ ~! 'Tl COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • YITAL RECORDS CERTIFICATE OF DEATH (See instruotlons and examples on reverse) STATE FILE NUMBER 1. Oeb a 0aari (Moab, dN• Y°°n 3. SaW San+r2Y MrAr 2. Sex .~~ - n•z - f9dR Q 'sna n ^ Inpren U ER / oapaera u wn ~ ~.,... ~. _ _ n. Wr Oaadra a HiepMC DST ~ w ^ Yse Bd FdM Name In rot belnitlm, ~ °~ W number) (B Yae. r4•x~y ClAere, . Muben, PaM Rken, ebd 58 West Keller Street 1eMsamBbar:Meae4NewrMVM4 1s. 12. Wu Deaden svr r rie to DeoedsnTa EArtra ISPemN aiy ~ W°d° aelpbrdl yVraad Divon:ad (SprsYl US. Nmad Farse4 ElamanbrY I Saandary (612) CdbOe (1J «5.) w; dor,ed Ro r~8~ee Roo in d7 /ban, raY• sIP all) Addles lSbsr F '°•~_ `. _ ~n1'° PcNm Rsatlerre 179. slab uvana ~ vc.^va.Dk.drau+.db Penns lvania lNed sewn Me chc TPT 17d. ®~ . p to paadr8e Md 58 Weat Keller Street ~ a n t. T ~ 17b.~„y Mechanicsburg, PA 17055 1aMaaysNrea(FaeLn~°•'^°U°n°rn'n"I 16 Fadrr'a Name (FVr nddda. Wt, auNx) Linden R. ates Sr. _. pp, bluinam~.N,eo-,yAm,walsn.i.aq'/ve'.°we.x4`aa') 20e. ribnarn'a NMne (Twe /Penn - ~ W t 21d. LaaMn lpn Mra. Elaine unatrom ~c~a~pa,Ry„baa~abn,e^rreryaalwdwl zlb.owaD~p aso~l~~d•r.w•rl ®D+r°~°^ ^ 21 e. Mmhod d DYpndaa ^ Bulm ^ prpyy Awn 8br ~ ~C YIrMa~D?wbnD«r~ YM^Nn OGt• 13 ZO10 Cremation OG"set rAmwaFadny Auer Cremation Services of pennayl _ .chl ~ ~ ~L~ zxN.ma,r ¢100 Joneatovn Road Harrisbur PA 171091 aFurwr , 138312 b IS4~°b°°°nena) 3 0~l ~° yn2da-o any aNyeq 23a.7sMMrdmy ~IN/raYl r not eatmb r err a Mari b dr«a, dabr,d P a . 28. WM Ceee Relaned Exemnw / Cdarr br ^ anly mee a Mari. za. Time a G amplabd M Oemon r~ ~. p ( V~-'T ^ Yr ~ I aa. i ~ n~ Ear olhr nra 2a-a neM s ~ ypprexMaM MNVm. Pert . •ro Pawree ~` a arM wrgre) ba a1 muAyq n rcr undeMln2 ~° 9w•n ~n Pad i. CAU8E OF OGAnI (eaa hurucUOn rcem 27. PM 1: Eller ar ~aLaeOY' aeeeese. bMelea, «' 1Nt ~~ all sues a_~~ aar bnirr awa suds ae cu6a. soar, Doer m naPerrr.ma «•walaMrmrNeronwmoar«.abg saclecy 1 _~- ~py~ ~PyW pease a ard6an uWtla2CA~r demo) _~ e. / Da ~ e ak ercr,pnr.,rc.ny, b. ~~~ ~~ •~ Dab 1« r e cn~ Ip°°°°° «e*ey rir e°dmed riB asae rerWiO n deril UST. `' pr b 1a ... aaewrxr aF d. ~, Dearo. Haw mNry oarrea 01. Mrerr a Deem aP,. Deb a iMw Imaa Mr. ye°r1 soa wu en Aumpry 3ab. wen Aubpry Pbpnpa 020. Larmn d yieey (Sbaa PsdamrdT AwflWe Prior b ConO~n Q] wort ^ wniiaM yd. Ir¢ey r Wark? 921. rc Tnnporbtlon Injuy lSpeahl a c:rr. a DeslhT szd. Tens a Man ^ Drier/ oPrabr ^ PB'°'"rc'r ^ PeOeaen ^ AcdMn ^ P.nAq Irwaed0adon ^ Ya ^ w ^ No M Orcrr • SparY ISP~Y1 White-te !M rib, v° mmdn nra) Inc. ~~07~, ~NO LJ Unsrrn n. n Fenn: ^ Nd wevlea wdenPM yar ^ Prpaardad Mari ^ rra PravrnL ba Peanenl •+tl+' az mya a Man ^ Na ngaa. ra aavum as Mys b 1 yar abre dseri ^ uauw.nrcPrwm.dnnm.w+lr~ 32c. Plea d Inpxy: H°^1°~ Farm, Strwt Factory. osa suodnp. eb. (SPriY) coy / lawn, rabl ^ Ye (I~ w Vas ^ Sddde ^ Coact Nr be Debmwrd ~ ~ / nsb. sy sae. cenear (drat all Dal sue a deri Beene r,alrr grv°b°^ ac auwma^ ae.ri ana anperd lbm 2a) ~ sTd DW Spre P.brm. My, vw GnIMnD DM°I°1in (PMry^arBMN --------------'-------_ 33a UOnw Nurdr Tau»nwanrlelwblw.a.r^acu"°d"el~bnr ar.q°1•~arrrr+re~buu»aaeabl--- ~Qp32-Cacl1-~- ~d~~l tc'/~ --- ^ _ _ • PnnerrNW red erSlyeq pbyebbn (PlWwrr 7°^a"'dW ----'''-- deml,aeel.er de`,rr pba•ard Armde auWel~r°narr'ISrd_____ Tollr berdnN brenbr4e. ' ~'d"'eeerl« araPr+O".M+b aamarm.m».Mb,rrp.a,er Armdr aweNa)and mrrreelre~ ^ 3A. Namew ~REN ANN CAMPBELL MD ~ ~ ~~°~ _ ~ ~ 0 2140 Flsher Road M. - n T ° ~ 0551568 \• 1 • / T~'i 7~ Diepaitlon Pemril Ns. _ ~• LAST WILL AND TESTAMENT OF PAUL R. GATES -~ _,-, r` G _` ~1 ~'~,a .. ,1.~ r`.h -~ l ~ f ~ ~:. I, PAUL R. GATES, now of 58 W. Keller Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055, dopublish and declare this to be my Last Will and Testament, herebyrevoking all other prior wills and codicils made by me. FIRST: Family Background and Appointment of Executor. (A) Family and Background Information. I am not married, my wife, Vonnie, having predeceased me. I have four children. The names of my children are JANET M. GATES, ELAINE JUNSTROM, PAUL R. GATES, JR. and PHOEBE R. GATES. Throughout this Will, JANET M. GATES, ELAINE JiTNSTROM, PAUL R. GATE5, JR. and PHOEBE R. GATES will be referred to as "my children." The word "issue" will include my children as well as my other descendants. (B) Appointment of Executor. I appoint as my Executor/Executrix (all hereinafter referred to as Executor or Executor(s) under this Will), the following named persons or corporations to serve without bond and without being required to account to any Court: Executor: My children, JANET M. GATES, ELAINE JUNSTROM, PAUL R. GATES, JR., and PHOEBE R. GATES, to act jointly or individually, or the survivor of them. SECOND: Funeral and Last Illness Expenses: Taxes. (A) Expenses of Funeral and Last Illness. I direct my Executor to pay my funeral expenses and the expenses of my last illness from my estate. (B) Taxes. I direct my Executor to pay any and all estate, inheritance, succession, legacy, transfer and other death taxes or duties, by whatever name called, including any and all interest and penalties thereon, imposed under the laws of any jurisdiction by reason of my death upon or with respect to any and all property included in my gross estate for the purpose of such taxes, whether such property passes under or outside of this Will. Without any apportionment otherwise required ~S LAST WILL AND TESTAMENT OF PAUL R. GATES PAGE 2 bylaw and without being prorated or apportioned among or chazged against the respective devises, legatees, beneficiaries, transferees, or other recipients of any such property or charged against any property passing or which may have passed to any of them, I direct that any taxes so paid shall be chazged against my residuary estate. My Executor shall not be entitled to reimbursement for any portion of any such taxes from any such person. THIRD: Tangible Personal Property. Except for those items excluded below and those items enumerated in the Letter of Instruction, I bequeath all my tangible personal property, including but not limited to clothing, jewelry, heirlooms, furniture, household furnishings, personal effects, motor vehicles, and all other similaz articles, which I own, and the insurance thereon, to my children, JANET M. GATE5, ELAINE JUNSTROM, PAUL R. GATES, JR. and PHOEBE R. GATES, living at the time of my death, to be divided among them as they may select in as neazly equal shazes as is practical. If any of my children, JANET M. GATES, ELAINE JUNSTROM, PAUL R. GATES, JR. and PHOEBE R. GATES, do not survive me, I leave such tangible personal property to the issue of my predeceased child, per stirpes. If there is any disagreement as to distribution, I direct my Executor to make such distribution. The decision of my Executor shall be final and binding. Any items not selected or any items which my Executor considers unsuitable for my children maybe distributed or sold in the sole discretion of my Executor and, if sold, the net proceeds therefrom shall be added to the residue of my estate. Any such article allocated to a minor may, as my Executor deems advisable, either be delivered to the minor or to any person to safeguard on behalf of the minor. Notwithstanding any other provisions in this Article THIRD, I may leave a sepazate, dated and unsigned Letter of Instruction, which I shall place with my Will, containing directions as to the ultimate disposition of certain of the property bequeathed under this Article THIRD, and such Letter of Instruction shall determine the distribution of such items. FOURTH: Residuary Estate. I devise and bequeath all of the rest, residue and remainder of my estate, real, personal and mixed, of whatever nature and wherever situated to which I am legally or equitably entitled, in equal shares to my children, JANET M. GATES, ELAINE JUNSTROM, PAUL R. GATES, JR. and PHOEBE R. GATES. If any of my children predecease me, then the predeceased child's share shall be distributed to the predeceased child's issue, per stirpes. If any of my children predecease me without surviving issue, then I leave such predeceased ~~ LAST WILL AND TESTAMENT OF PAUL R. GATES PAGE 3 child's share to my surviving children, in equal shares, per stirpes. By this devise and bequest of my residuary estate, I hereby exercise all Powers of Appointment I possess at the time of my death. FIFTH: Powers of Executor. In addition to the powers and duties as may have been granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the Executor shall have and exercise exclusive management and control of the Estate and shall be vested with the following specific powers and discretion, in addition to the powers as may be generally conferred from time to time upon the Executor by law: (A) In the management, care and disposition of the Estate, the Executor shall have the power to do all things and to execute such instruments, deeds, or other documents as maybe deemed necessary or proper, including the following powers, all of which maybe exercised without order of or report to any Court: (1) To sell, exchange or otherwise dispose of any property at any time held or acquired hereunder, at public or private sale, for cash or on terms, without advertisement, including the right to lease for any term notwithstanding the period of the Estate, and to grant options, including any option for a period beyond the duration of the Estate. (2) To invest all monies in such stocks, bonds, securities, mortgages, notes, choses in action, real estate or improvements thereon, and any other property as the Executor may deem best, without regard to any law now or hereafter enforced limiting investments of fiduciaries. (3) To retain for investment any property deposited with the Executor hereunder. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization, merger, consolidation, liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note or other security. . (5) To use attorneys, real estate brokers, accountants and other agents, if such employment is deemed necessary or desirable, and to pay reasonable compensation for their services. ~, ~~ LAST WILL AND TESTAMENT OF PAUL R. GATES PAGE 4 (6) To compromise, settle or adjust any claim or demand by or against the Estate and to agree to any rescission or modification of any contract or agreement affecting the Estate. ('n To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any property of the Estate. (8) To retain and carryon any business in which the Estate may acquire an interest, to acquire additional interest in any such business, to agree to the liquidation in kind of any corporation in which the Estate may have an interest and to carry on the business thereof, to j oin with other owners in adopting any form of management for any business or property in which the Estate may have an interest, to become or remain a partner, general or limited, in regard to any such business or property and to hold the stock or other securities as an investment, and to employ agents and confer on them authority to manage and operate the business, property or corporation, without liability for the acts of such agent or for any loss, liability or indebtedness of such business if the management is selected or retained with reasonable care. (9) To register any stock, bond or other security in the name of a nominee, without the addition of words indicating that such security is held in a fiduciary capacity, but accurate records shall be maintained showing that such security is a Estate asset and the Executor shall be responsible for the acts of such nominee. (B) Whenever the Executor is directed to distribute any Estate assets in fee simple to a person who is then under twenty-one (21) years of age, the Executor shall be authorized to hold such property in Trust for such person until he/she becomes twenty-one (21) years of age, and in the meantime shall use such part of the income and the principal of the Estate as the Executor may deem necessary to provide for the proper support and education of such person. If such person should die before becoming twenty-one (21) years of age, the property then remaining in trust shall be distributed to the personal representative of such person's estate. (C) In making distributions from the Estate to or for the benefit of any minor or other person under a legal disability, the Executor need not require the appointment of a guardian, but shall be authorized to pay or deliver the same to the custodian of such person, to pay or deliver the same to such person without the intervention of a guardian, to pay or deliver the same to a legal guardian of such person if one has already been appointed, or to use the same for the benefit of such person. <'~ 1~ ~iZ,~i ~C~ LAST WILL AND TESTAMENT OF PAUL R. GATES PAGE 5 (D) In the disbursement of the Estate and any division into separate trusts or shazes, the Executor shall be authorized to make the distribution and division in money or in kind, or both, regardless of the basis for income tax purposes of any property distributed or divided in kind, and the distribution and division made and the values established by the Executor shall be binding and conclusive on all persons taking hereunder. The Executor may in making such distribution or division allot undivided interests in the same property to several trusts or shares. (E) The Executor shall be authorized to lend or borrow, including the right to lend to or borrow from any trusts which I may have established during life or by will at an adequate rate of interest and with adequate security, and upon such terms and conditions as the Executor shall deem fair and equitable. (F) The Executor shall be authorized to sell or purchase at the fair mazket value as determined by the Executor, any property to or from any trust created by me during life or by Will, even though the same person or corporation maybe acting as Executor of my estate or as Trustee of any of my other trusts. (G) The Executor shall have discretion to determine whether items should be chazged or credited to income or principal or allocated between income and principal as the Executor may deem equitable and fair under all the circumstances, including the power to amortize or fail to amortize any part or all of any premium or discount, to treat any part or all of the profit resulting from the maturity or sale of any asset, whether purchased at a premium or at a discount, as income or principal or apportion the same between income and principal, to apportion the sales price of any asset between income and principal, to treat any dividend or other distribution of any investment as income or principal, or apportion the same between income and principal, to chazge any expense against income or principal or apportion the same, and to provide or fail to provide a reasonable reserve against depreciation or obsolescence on any assets subject to depreciation or obsolescence, all as the Executor may reasonably deem equitable and just under all the circumstances. If the Executor does not exercise the above discretionary power, the cash or accrual allocation shall be in accordance with Chapter 81 of Title 20 of the Pennsylvania Consolidated Statutes, or the corresponding provisions of subsequent state law. (H) If at any time the total fair market value of the assets of any trust established or to be established hereunder is so small that the corporate Trustee's annual fee for administering the trust would be the minimum annual fee set forth in the Trustee's regulazly published fee schedule then, ~S LAST WILL AND TESTAMENT OF PAUL R. GATES PAGE 6 in effect, the Trustee in its discretion shall be authorized to terminate such trust or to decide not to establish such trust, and in such event the property then held in or to be distributed to such trust shall be distributed to the persons who are then or would be entitled to the income of such trust. If the amount of income to be received by such persons is to be determined in the discretion of the Trustee, then the Trustee shall distribute the property among such of the persons to whom the Trustee is authorized to distribute income, and in such proportions, as the Trustee in its discretion shall determine. (I) Except as otherwise provided in this Will, when the authority and power under this Will is vested in two (2) or more Executors or Trustees, the authority and powers are to be held jointly by the Executors or Trustees, respectively. A majority of the Executors or Trustees may exercise any authority or power granted under this Will or granted bylaw, and may act under this Will. Any attempt by one such Executor or Trustee to act under this Will on other than ministerial acts shall be void. The action of one such Executor or Trustee under this Will may be validated by a subsequent ratification of the act by a majority of the Executors or Trustees. SIXTH: Rights and Liabilities of Executor and Trustee. (A) No bond or other security shall be required of any Executor. (B) This instrument always shall be construed in favor of the validity of any act or omission by any Executor, and any Executor shall not be liable for any act or omission except in the case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any investment, the overall performance of the entire Estate shall be taken into account. (C) Each Executor shall be entitled to receive reasonable compensation for services actually rendered to my estate, in an amount the Executor normally and customarily charges for performing similar services during the time which he/she performs the services. SEVENTH: Tax Elections. (A) In determining the estate, inheritance and income tax liability relating to my Estate, the Executor's decision as to all available tax elections shall be conclusive on all concerned. If the Executor joins with my spouse in filing income tax returns, or consenting for gift tax purposes to having gifts made by either of us during my life considered as having been made one-half by each ~~ ~~~~ ~~S LAST WILL AND TESTAMENT OF PAUL R. GATES PAGE 7 of us, any resulting liability shall be borne by my Estate and my spouse in such proportions as they may agree. In accordance with IRC Section 2632(a) and without regazd to whether a Federal estate tax return is actually filed, my Executor shall allocate so much of the Federal Generation Skipping Transfer (GST) exemption amount as will fully exempt any generation skipping transfer which may occur under this Will. (B) The Executor may, in its discretion, determine the date as of which my gross estate shall be valued for the purpose of determining the applicable tax payable by reason of my death. (C) The Executor may, in its discretion, decide whether all or any part of certain deductions shall be taken as income tax deductions (even though they may equal or exceed the taxable income of my estate and whether or not claimed or of benefit on my estate's income tax return) or as estate tax deductions when a choice is available; and in the event that all or any part of such deductions aze taken as income tax deductions, no adjustment of income and principal accounts in my estate shall be made as a result of such decisions. EIGHTH: Suendthrift Provision. No beneficiary shall have the power to anticipate, encumber or transfer his or her interest in the estate in any manner other than by the valid exercise of a power of appointment. No part of the estate shall be liable for or charged with any debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of a beneficiary. NINTH: Definitions and General Provisions. (A) Survival. Any beneficiary who dies within sixty (60) days after my death shall be considered not to have survived me. (B) Captions. The captions set forth in this Will at the beginning of the various articles hereof are for convenience of reference only and shall not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. (C) Children. As used in this Will, the words "child" and "children" shall include persons who are legally adopted and the issue of said persons, whether born in or out of wedlock, so long as any person born out of wedlock is acknowledged in a written instrument executed by the one of their natural parents who is a descendant of mine to be the child of said descendant. The word ~S LAST WILL AND TESTAMENT OF PAUL R. GATES PAGE 8 "issue" shall include descendants of all generations including adopted persons. A posthumous child shall be considered as living at the death of his parent. The birth to me or the adoption by me of a child or children subsequent to the execution of this Will shall not operate to revoke this Will. (D) Code. Unless otherwise stated, all references in my Will to section and chapter numbers are to those of the Internal Revenue Code of 1986, as amended, or the corresponding provisions of any subsequent federal tax laws applicable to my estate. (E) Other terms. The use of any gender includes the other genders, and the use of either the singular or the plural includes the other. IN WITNESS WHEREOF, I, PAUL R GATES, the Testator, have to this my Last Will and Testament, typewritten on nine (9) pages, including the Acknowledgment and Affidavit, set my hand and seal this ~ day of June, 2007. -, ~~ ~ G2~ PAUL R. GA S Signed, sealed, published and declared by the above-named Testator, as and for his Last Will and Testament, in the presence of us, who have hereunto subscribed our names at his request, as witnesses hereto, in the presence of the said Testator, and in the presence of each other. Each of us further declares that he or she believes the Testator to be of sound mind and memory. The preceding instrument consis o is and eight (8) other consecutively numbered typewritten pages including the Acknowle~~~~r e~and Affidavit. residing at /y~ ~C~~t ~N (print name) residing at ~(~~'1C~ , ~yaG t . ,;~ (print name) ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND The Testator and the witnesses whose names are signed and subscribed to the attached or foregoing instrument, being first duly sworn and qualified according to law, do hereby acknowledge, depose and say to the undersigned authority, that the Testator signed and executed the instrument as his Last Will in the presence of the witnesses; that he signed it willingly or willingly directed another to sign it for him; that he executed it as his free and voluntary act for the purposes therein expressed; that each of the witnesses were present and saw the Testator sign and execute the instrument as his Last Will; that each subscribing witness in the hearing and sight of the Testator signed the will as witnesses; 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. ~, ~ ~ -, Witness ~~ y Witness Sworn to or affirmed, subscribed to, and acknowledged, before me by the above-named Testator and witnesses, this ~ day of June, 2007. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ .. .e v .. \...+~` t `i a `~ t . ~~ ' J~ ~~ r Notary Public My Commission Expires: fi<'f~ °'L ~ ~ ' J. ~,~ COMMONWEALTH OF PENNSYLVANIA 1 ' ~,, Notarial Seal t ~ $ ,: x ~~ Victoria M. Rankin, Notary Public Wortnleysb4~'g Boro, Cumberland County My Commission Expires Aug. 27, 2010 Member, Pennsylvania Association of Notaries ~I lI -(ja ~ ~ RENUNCIATION deceased. In Re Estate of a County, Pennsylvania. To the Register of Wills of of The undersigned Phoebe R . Gate s the above decedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that Letters of Testamentar be issued to Paul R. Gates Jr. hand this 14th day of January ,20~_. WITNESS . ignature) ~,-- -.- ~ct'3-ate ~ ~ c ; ~ C~ t~l r- (Address) ~'- ~ .'J~t.:- _~ U V~• C c=''~"~ -' j ~~ ~ -" E~ Cr- ~~ (Signature) Sworn to or ~Ffirmed and subscribed before me this / y ~' day (Address) of ~i , 2011. No Public (Signature) My Commission Expires: COMMONWEA TH OF PENNYYLVANIA (Address) NOTARIAL SEAL DEBRA A. FIKE, Notary Public Greenwood Twp., Perry County M Commission Expires October 24, 2013 RENUNCIATION deceased. In Re Estate of Paul R. Gates Cumberland County, Pennsylvania. To the Register of Wills of of The undersigned .T a n e t M. Gate s the above decedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that Letters of Testamentar be issued to Paul R. Gates Jr. WITNESS hand this 14th day of Januar}~,201~.__. _ ~ N ~ (Signature) { Uv~ F-- k ~ ~ ~ V.: ' : J _ ~ qXC c17 .r tS ~ ~ ~, (LAddress) ~~ ~ ~,QS Sf ~ ", _ 4_> ~~`~ GL :_l Lei....', '~- ^'`- G1C. .."° S•~vorn tt~ or affirmed and subscribed (Signature) before nxe this / ~/ ~`'~ day (Address) of a•,~ v , 2011. .~~ NO PUb11C (Signature) My Commission Expires: COMM NW Y NOTARIAL SEAL (Address) DEBRA A. FIKE, Notary Public Greenwood Twp., Perry C~~nty My Commission Expires Oc,r~"~ ~ :! ~, 2013 ~'i-ll~t~7l RENUNCIATION Pau 1 R . Gates deceased. In Re Estate of Cumber and County, Pennsylvania. To the Register of Wills of C. Elaine Junstrom Dau hter of The undersigned the above decedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that Letters of Testamen be issued to Pau 1 R . Gates WITNESS Ov ~ cz .. ~ ~T ~,. ~ _ G.. «~, ~:: C7 ~ G ~:~ DO CC ' -' : , .. ~ ~ 3: tom: 1 Q~ a hand this 14th day of Janura~ , 201_. . ~ ~~~ (S' nature) ~, f~ J ~- ~ ~®~r (Address) Sworn to or affirmed and subscribed before me this / ~/~' day of Q~ , 2011. No ary Public My Commission Expires: COMMONWEALTH OF PENNiYLVANIA NOTARIAL SEAL DEBRA A. FIKE, Notary Public Greenwood Twp., Perry County My Commission Expires October 24, 2013 (Signature) (Address) (Signature) (Address)