HomeMy WebLinkAbout03-15-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WILLS
PETITION FOR PROBATE AND GRANT OF LETTERS ~~~ ~- ~ ~~-
~,~---- ,Deceased ESTATE NO: 21- ~ ~ r'
Estate of 7~(:~~i /~ ~
a/k/a:
a/k/a: SS NO:
Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or ~B' AND "C" as
a plicable:
. Probate and Grant of Letters Testamentary or ^ Administration c.t.a., or d.b.n.c.t.a. (complete Part C also)
and aver that Petitioner(s) is/are entitled to the aforementioned L~ters ~ ~" under
the last Will of the above-named Decedent, dated'.~i' 3 ® o`'~ 4 nd codicil(s) dated _____
(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
instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, and was not a
party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in
23 Pa. C.S.A. § 3323(g):
^ B. Grant of Letters of Administration
(If applicable, enter d.b.n., pendent lite, durante absentia, durante minoritate)
C. 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 and complete list of
heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorce
proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(g)~.e,~ccept as follows:-
Name Address Rela#ioh3hi to Dece~Fi
;.. ~~
~=
UJ!•: AUUI f1V1VAL JH1!;t:IJ H! lVr:C:GJJAKY
nt
`t_~
__,
_ '_,`
~' ~ ~_ ~
THIS SECTION MUST BE COMPLETED: -~ ' '
Decedent was d iciled at death in C~um_be~ nd County, Pen syly ~ i~ ~itl~ l~' /her last family or principal residence
At ./. ~ /
(Stre address with Post Office and Zip Code, Municipality: Township, Borough, City)
Decedent, then ~ years of age, died G o / p at C
(M th, D , Year of death) (City and State where de th occurred)
Estimated value o±~ d.e:edent's property at death:
If domiciled in PA
If not domiciled in PA
_If not domiciled in PA
-Value of Real Estate in Pennsylvania
Location of Real Estate in Pennsylvania: (Provide full address if possible.)
Signature(s)
Total Estimated Value $ ~~G~
Name(s) & Mailing Address(es)
~~ u ~ ~ ~ l- ash ~,~ - ~3 ~ ~~,~
All personal property $ _
Personal property in Pennsylvania $
Personal property in County $
,~
lntenm Norm KW-UZ revised l"1.26. IU by Cumberland county pending action by the l.ourt rage ~ or ~
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNT' OF
SS
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and con•ect to the best of
the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will. well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
~~
before me the ~,~~ } day of
Personal Representative
_ ~ .~ ' ' r 1 ~ ~ :::.
_ ..J Signature of Personal Representative ~ - ~,..,~ T..~
~~-~,r~'~ ~ ~ ~ ~~,,.' t~ `-~ '--~ - ~ ~~
'~ ~~_
For the Register Signature of Personal Representative i--~
__ _.,
-- ,_~
- _. _.,
,.
File Number: i ~ ,_ ,.-
._ a ~_~>
Estate of / ~ ~~C~/J~ /1 L ~~~/r~ ,Deceased
Social Securit Number: ~ "'"~ ~ , Date of Death:
AND NOW, ~ f ~ t~ ~ in con ideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED thaX Letters /^
are hereby granted to
and that the instrument(s) dated f y_/G1
described in the Petition be admitted to pro
ire the above; estar_e
and filed of record
FEES
Letters ............ $ ~ Q
Short Certificate(s) ...~.... $
R nu icia 'on(s) .......... $
i ~ ... $ ~~
... $
...$ r.
... $
... $
... $
... $
... $
... $
TOTAL .............. $
Telephone:
Attorney Signature:
Attorney Name:
Supreme Court I.D. No.:
Addi es~:
Form RW-0' ,~e~. la l3.oh Page 2 of 2
I, KAREN L. REEDER, a resident of Carlisle, Pennsylvania, do hereby make,
publish and declare this as my Last Will and Testament and do hereby revoke all Wills and
Codicils at any time heretofore made by me.
ARTICLE I
Payments of Debts and Expenses
SeCtiotl 1 - I authorize and direct my Personal Representative to pay out of my
Estate all lawful claims, funeral and burial expenses and, without right of reimbursement,
afl Estate, inheritance, legacy, succession or transfer taxes (including any interest and
penalties thereon), imposed by any domestic or foreign laws with respect to all property
taxable under such laws by reason of my death, whether or not such property passes
under this Will and whether such taxes be payable by my Estate or by any recipient of any
such property, as part of the expenses of the administration thereof, except (a) any tax
imposed because I am considered a "deemed transferor", as defined in the Internal
Revenue Code; or (b} any tax imposed on any Qualified Terminable Interest Property, as
defined in the Internal Revenue Code, held in Trust for my benefit.
Section 2 - In the event any property or interest in property passing under this
Will, or by operation of law, or otherwise by reason of my death shall be encumbered by a
mortgage or a lien, or shall be pledged to secure any obligation (whether the properly or
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interest in property so encumbered or pledged shall be owned by me jointly or
individually), it is my intention that such indebtedness shall not be charged to or paid by
my Estate, but that the devisee, legatee, joint owner taking by survivorship, or beneficiary
shall take such properly or interest in property subject to all encumbrances existing at the
time of my death.
ARTICLE 11
F~Y
I am currently unmarried. I have one (1) child from a prior marriage: JUSTIN D.
REEDER.
ARTICLE III
Tangible Personal Property
Section 1 - I give, devise and bequeath the items of tangible personal property
(other than money, evidences of indebtedness, documents of title, securities and property
used in a trade or business) described in a memorandum kept with the original of this Will
or my other valuable papers, which shall be in my handwriting or be signed by me, to the
persons named therein and in the event one or more of the persons named therein do not
survive me, that particular bequest shall lapse and be distributed as hereinafter provided.
In order to avoid undue delay, I direct that my Personal Representative make a diligent
search for such statement or list but if at the expiration of thirty (30) days after the
appointment of my Personal Representative, no such list or statement can be found, my
Personal Representative may assume that no such list or statement exists.
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Section 2 -All other tangible personal property owned by me at the time of my
death, together with all policies of fire, burglary, liability, property damage and other
insurance on or in connection with the use of such property, I give and bequeath to my
son, JUSTIN D. REEDER, along with such of my clothing, jewelry and personal effects,
household furniture and furnishings, silver, books, paintings, pictures and sporting
equipment not otherwise distributed under Section 1.
Section 3 -With respect to the share of any child under a legal disability, my
Personal Representative is given the authority, in the sole discretion of my Representative,
to (i) deliver all or any part to said child; (ii} place assets such as jewelry in safekeeping for
the child and pay fees incurred; (iii) sell all or any part and distribute the proceeds to the
child or add them to any Trust fund for the benefit of such child; or (iv) deliver all or any
part to the guardian of his person or the person with whom he resides, and the receipt by
such guardian or person shall be a complete discharge of my personal Representative for
the property so delivered.
Section 4 - My Executrix shall pay, as a cost of administration, the cost of
packing and shipping to the home of a legatee any tangible personal property which is
bequeathed by this Will.
ARTICLE IV
Residuary Bequest
Section 1 - In the event that I am survived by issue of mine, I hereby give my
Residuary Estate to my Mother, JANET MARIE LESHER of Carlisle, Pennsylvania as
Trustee (hereinafter "Trustee"). In the event that my son, JUSTIN D. REEDER, survives
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my death, my Trustee shall hold and distribute the Trust principal and income pursuant
to the following terms and conditions:
a. During the entire term of the Trust, my Trustee shall distribute Trust
income and principal to or on behalf of the Trust Beneficiary as
required to maintain the Beneficiary's health, education and
welfare, as determined within the discretion of the Trustee until the
Trust is terminated.
b. Upon the Beneficiary's attainment of age twenty-one (21), my
Trustee shall distribute Ten Thousand ($10,000) Dollars from the
Trust principal to the Beneficiary.
c. Upon the Beneficiary's attainment of age twenty-five (25;-, my
Trustee shall distribute all of the then Trust principal and accrued
income to the Beneficiary and the Trust shall be terminated. In the
event that a Beneficiary dies prior to the termination of his Trust, my
Trustee shall distribute the then Trust principal and accrued income
to the living issue of the deceased Beneficiary, in equal shares,
provided, however, that any Beneficiary with a Trust then in
existence hereunder shall be distributed to the Trustee thereof to
be held and distributed pursuant to the terms of said Trust. In the
event that he is not survived by issue, my Trustee shall distribute
the then Trust principal and accrued income as set forth in Section
3 of this Article IV.
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Section 2 - In the event that my son, JUSTIN D. REEDER, fails to survive my
death, my Trustee shall divide my Residuary Estate into equal shares for each child of
JUSTIN D. REEDER then living. Each share shall be held as a separate Trust by my
Trustee pursuant to the following terms and conditions:
a. During the term of the Trust, the Trustee shall distribute Trust
income and principal to or on behalf of the Beneficiary as required
to maintain the Beneficiary's health, welfare and education through
the post graduate level, as determined to be appropriate within the
discretion of the Trustee.
b. Upon the earlier of the Beneficiary's death or the attainment of age
twenty-five (25), the Trustee shall distribute all of the then Trust
principal and accrued income to the Beneficiary, or his or her estate
as the case may be, and the Trust shall be terminated.
Section 3 - In the event that I am not survived by my son, JUSTIN D.
REEDER, I hereby give my Residuary Estate to my parents, LARRY LESHER and
JANET MARIE LESHER, or to the survivor of them.
ARTICLE V
Provisions Regarding Trusts
.~
Irrespective of anything herein to the contrary:
Section 1 - If, at the time any distribution of my Estate is to be made, the
Beneficiary or Beneficiaries of any Trust herein created, to which all of any part of such
distribution is directed to be made, shall be entitled to receive from the Trustee
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immediate distribution of the entire principal of such Trust, then my Personal
Representative, in lieu of making distribution to the Trustee, shall distribute the part of
my Estate which is so distributable to the Trust directly to the Beneficiary or
Beneficiaries to whom and in the same proportions as the Trustee would have been
required to distribute the same upon receipt from the Personal Representative, and in
such case, I hereby give, devise and bequeath such part of my Residuary Estate
accordingly.
Section 2 -Whenever any part of my Estate or any Trust created hereunder
shall become distributable to a person who has not then attained the age of twenty-one
(21) years, as such person's absolute property, my Executrix or the Trustee, as the case
may be, may in its discretion, withhold distribution of such property and invest and
reinvest the same, as Trustee, (hereinafter "Trustee"), collect the income therefrom, and
during the time such person is under the age of twenty-one (21) years may apply so
much of the net income or principal to the health, education, support or maintenance of
such person as the Trustee deems necessary or advisable, without the intervention of
any guardian, and accumulate, invest and reinvest the balance of such income, if any,
until such person attains the age of twenty-one (21) years and thereupon pay over to
him the unexpended principal and income so withheld. If such person dies before
attaining the age of twenty-one (21) years, all of such principal and income shall be paid
over to the estate of such person. The authority conferred upon my Executrix or
Trustee by this paragraph shall not operate to suspend or prevent the absolute vesting
of any property in such person. With respect to the administration of any such property,
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the Trustee shall have all the powers, authority and discretion vested in it under the
provisions of this Will.
SeCtiotl 3 - If, upon the termination of any separate Trust created hereunder,
any part of the principal thereof shall be distributable to a child of mine for whose sole
benefit the Trustee is then holding any part of another share in Trust hereunder, the
principal so distributable shalt be added to and disposed of as a part of such other
Trust, subject to all the terms and provisions thereafter pertaining thereto.
Section 4 - I hereby authorize my Personal Representative to renounce, in
whole or in part, any devise or bequest or any interest in any Trust provided for my
benefit under the Will of any person or under any Trust instrument within the time
allowed for renunciation by applicable State law.
ARTICLE VI
Qualified Disclaimers
fn addition to any renunciation rights conferred by law, I hereby authorize any
person, by appropriate instrument, to renounce, within the time allowed by applicable
State law, in whole or in part, any interest or power granted to such person by this my
Will.
ARTICLE VII
Miscellaneous Provisions
The provisions herein contained for the distribution of my Estate and of each and
every share or part hereof shall be supplemented by and, when necessary, shat! be
subject to the following:
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SeCtioll 1 -Whenever the Beneficiary of any Trust hereunder shall be under a
legal disability or, in the judgment of the Trustee, shall for any reason be unable to apply
any payments which he is entitled to receive hereunder to his or her own best
advantage, the Trustee may:
a. Make such payment directly to such Beneficiary or to the guardian
of his property, or to a person with whom such Beneficiary resides at the time of such
payment, or may itself apply the same for the benefit of such Beneficiary and, except in
the case of payments from the Marital Trust, for the benefit of anyone dependent upon
such Beneficiary in such manner as the Trustee shall deem best, and the receipt of
such guardian or person for any payment so made shall be a full and complete
discharge of the Trustee with respect to any such payment; and
b. Withhold part or all of such payment (other than principal required
to be paid upon termination of any Trust, in whole or in part, and other than the income
of the Marital Trust which shall be payable to my said Husband while living, in all
events) as, in the judgment of the Trustee, shall exceed the amount needed to provide
for the health, education, support and maintenance of such Beneficiary, taking into
consideration the needs of anyone dependent upon such Beneficiary and all other funds
available to him, of which the Trustee shall have knowledge, and any income so
withheld sha11 be added to the principal of the Trust Estate from which it was derived.
The decision of the Trustee in any such case shall be final and binding upon all
Beneficiaries hereunder.
Section 2 - To the extent permitted by law, none of the Beneficiaries hereunder
shall have any power to dispose of or to change by way of anticipation, or otherwise,
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any interest given to such Beneficiary and all sums payable to any Beneficiary
hereunder shall be free and clear of debts, contracts, alienations and anticipations of
such Beneficiary and of liabilities for levies and attachments and proceedings of any
kind, at law or in equity, and in the case of a married woman, free from the control of her
husband. This provision shall not be deemed to be a limitation on any power of
appointment herein granted.
ection 3 -Upon the death of any Beneficiary, any accrued, accumulated or
unpaid net income which would have been payable to such Beneficiary, had such
Beneficiary lived, shall be paid as income to the Beneficiary next succeeding in interest
unless otherwise provided herein or unless such net income shall have been validly
appointed pursuant to a power of appointment herein conferred.
Section 4 -Until the Trustee shall have received written notice of any death or
other event upon which the right to any payment may depend, the Trustee shall incur no
liability for any payment made or action taken by it in good faith.
SeCtiotl 5 -Any person upon whom a power of appointment is herein conferred
may, at any time or from time to time during his life, release such power of appointment
with respect to any or all of the property subject to such power and further limit the
persons in whose favor such power may be exercised.
Section 6 -The income of the Trusts herein created shall accrue from the date
of my death and, until the Trusts are established, I authorize my Personal
Representative, in its sole and absolute discretion, from time to time and at any time to
pay out of my Estate to the respective income Beneficiaries of such Trusts, as advance
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payments of income, such sum or sums as in its judgment are not in excess of the
income which such income Beneficiaries probably would have been entitled to receive
from the said Trusts had the same been established. Any such sum paid from the
principal of my Estate shall be regarded merely as a temporary advance to be restored
to principal by deducting the same from income otherwise payable to the Beneficiary to
whom such advance shall have been made or to the Beneficiary or Beneficiaries next
succeeding in interest.
SeCt1o11 7 - In order to avoid undue delay, I direct that if at the expiration of
three (3) calendar months after the date of death of any person upon whom a
testamentary power of appointment is herein conferred, no Will of such person of which
the Trustee has knowledge has been offered for probate, the Trustee may find that such
person died intestate and did not exercise the power of appointment herein conferred.
Similarly, if at the expiration of three (3) calendar months after the date of such person's
death a Will of such person has been offered for probate or has been probated, the
Trustee may find that such Will was the last Will of such person and be guided by the
provisions therein in determining whether or not the power of appointment herein
conferred has been exercised and, if exercised, the extent and manner thereof. The
provisions of the two preceding sentences relating to findings which the Trustee is
permitted to make are intended to protect and acquit the Trustee in making distribution
in accordance with any such finding, but are not intended to conclude the rights or
persons beneficially interested as between themselves or as against any others to
whom the Trustee may have made any such distribution.
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Section 8 -The foregoing notwithstanding, any Trust still in existence on the
day twenty-one (21) years after the death of the last to die of ail the Beneficiaries herein
named or described who are living at the time of my death shall forthwith terminate.
The Trustee, in its discretion, may terminate at any time any Trust created hereunder
which shall have an aggregate principal value of Fifty Thousand ($50,000) Dollars or
less. Upon termination of any Trust, as herein provided, the Trustee shall pay over the
Trust Estate, free and clear of any Trust, to the then income Beneficiaries in the
proportions to which they are then entitled to or permitted to receive the income thereof.
Section 9 - My Executrix and my Trustee shall be empowered to make non
pro-rata in kind distributions in satisfaction of any bequest set forth herein. Distributions
shall be valued as of the date of distribution.
ARTICLE VIII
Fiduciary Powers
By way of illustration and not of limitation, and in addition to any inherent or
statutory power they may now or thereafter have in either capacity, I hereby expressly
authorize and empower the Personal Representative with respect to my Estate and the
Trustee with respect to each of the Trusts herein created, in its discretion:
Section 1 - To purchase or otherwise acquire and to retain, whether originally a
part of my Estate or subsequently acquired, any and all stocks, bonds, notes or other
foreign and/or domestic securities or any variety of real or personal property, including
stocks or interest in investment Trust, mutual funds and common Trust funds, and to
write call options on securities held by the Trust Estate as it may deem advisable,
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whether or not such investments be of the character permissible for investment by
fiduciaries. Investments need not be diversified and may be made or retained with a
view to a possible increase in value. The Personal Representative or the Trustee may
at any time render liquid my Estate or the Trust Estate, in whole or in part, and hold
cash or readily marketable securities of little or no yield for such period as they may
deem advisable.
SeCtioll 2 - To sell, lease, pledge, mortgage, transfer, exchange, convert or
otherwise dispose of, or grant options with respect to, any and all property at any time
forming a part of my Estate or of such Trust Estate, in such manner, at such time or
times, for such purposes, for such prices and upon such terms, credits and conditions
as they may deem advisable. Any lease made by the Personal Representative or by
the Trustee may extend beyond the period fixed by law for leases made by fiduciaries
and beyond the duration of the Trust.
SeCtiotl 3 - To borrow money from the Trustee or from others in their individual
capacities, for any purpose connected with the protection, preservation or improvement
of my Estate or of the Trust Estate whenever in its judgment advisable; and, as security,
to mortgage or pledge any real estate or personal property of which I may die seised or
possessed or forming a part of the Trust Estate, upon such terms and conditions as it
may deem advisable.
Section 4 - To vote in person or by general or limited proxy with respect to any
share of stock or other securities held by it, to consent directly through a committee or
other agent to the reorganization, consolidation, merger, dissolution or liquidation of any
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corporation in which my Estate or the Trust Estate may have any interest or to the sale,
lease, pledge or mortgage of any property by or to any such corporation; and to make
any payment and to take any step which it may deem necessary or proper to enable it
to obtain the benefit of any such transaction.
Section 5 - To cause to be registered in its name individually or as Personal
Representative or Trustee, or in the name of its nominees, any security or other
property from time to time held by it or to take and keep them unregistered and to retain
them or any part thereof in such condition that they will pass by delivery.
Section 6 -Except as otherwise expressly provided elsewhere herein, to make
any division or distribution of my Estate or of the principal of the Trust Estate in cash or
in kind, or partly in both upon the basis of fair market values and to cause any share to
be composed of cash, property or undivided fractional shares in property difference in
kind from any other share and for such purpose to determine the market value of any
asset of my Estate on the basis of such quotations, evidence, data or information as it
may deem pertinent or reliable without any limitation whatever. Any such decision shall
be binding and conclusive upon all persons whomsoever.
Section 7 - To execute and deliver any and all instruments in writing which it
may deem advisable to carry out any of the foregoing powers. No person dealing with
the Personal Representative or Trustee shall be obliged to inquire into the validity of any
action taken by such Personal Representative or Trustee or be bound to see to the
application of any money or other property paid or delivered to the Personal
Representative or Trustee.
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Section 8 - To reduce the interest rate any time and from time to time on any
note or mortgage constituting a portion of my Estate or the Trust Estate and to continue
notes and mortgages upon or after maturity with or without renewal or extension upon
such terms as it may deem advisable without reference to the value of the mortgage
security at the time of such continuance.
Section 9 - To hold and retain the principal of the Trust Estate and any
property subject to a power undivided until actual division shall become necessary in
order to make distributions; to hold, manage, invest and account for the several shares
or parts thereof by appropriate entries on the Trustee's books of account; and to
allocate to each share or part thereof its proportionate part of all receipts and expenses;
but the carrying of several Trusts as one estate shall not defer the vesting in title or in
possession of any share or part of share of my Estate.
SeCtlOn 10 - To exercise all options, rights and privileges to convert stocks,
bonds, notes, mortgages or other property into other stocks, bonds, notes, mortgages or
other property; to subscribe for additional or other stocks, bonds, notes, mortgages or
other property to make such conversions and subscriptions and to make payments
therefor; and to hold such stocks, bonds, notes, mortgages or other property so
acquired as investments of the Estate or Trust.
Section 11 - To complete, extend, modify or renew any loans, notes, bonds,
mortgages, contracts, leases or any other obligations which {may own or to which I may
be a party or which may be liens or charges against any of my property or against my
Estate, although I may not be liable thereon, in such manner as it may deem advisable;
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to pay, compromise, compound, adjust, submit to arbitration, sell or release any claim or
demand of my Estate or the Trust Estate against others or of others against my Estate
or the Trust Estate, as it may deem advisable, including the acceptance of deeds of real
property in satisfaction of bonds and mortgages, and to make any payments in
connection therewith which it may deem advisable.
Section 12 - To employ agents, attorneys and other persons whose services
may reasonably be required in connection with administration of the Trusts from time to
time, and to pay reasonable compensation therefor. In addition, the Trustee may refer
any legal question to counsel designated herein and the Trustee shall be fully protected
for anything done, suffered or omitted to be done in reliance on advice of such counsel.
Section 13 - To carry such insurance against such hazards, including public
liability, in such amounts in either stock companies or mutual companies, as it shall
deem advisable, and to pay the cost thereof.
Section 14 -Out of rents, profits and other income received, to set up such
reserves, if any, for taxes, assessments, insurance premiums, repairs, improvements,
depreciation, obsolescence and general maintenance of buildings and other property,
and for the equalization of payments to or for Beneficiaries entitled to receive income,
as it shall deem advisable.
Section 15 - To improve, manage, protect and subdivide any real property at
any time forming a part of my Estate or of the Trust Estate; to dedicate parks, streets,
highways or alleys; to vacate any subdivision or part thereof and to resubdivide the
same as often as desired; to contract to make leases, to grant options to lease and
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options to renew leases and options to purchase the whole or any part of the reversion,
and to contract respecting the manner of fixing the amount of present or future rentals;
to partition said property or any part thereof; and to grant easements or charges of any
kind, and to release, convey or assign any right, title or interest in or about any
easement appurtenant to any property or part thereof.
Section 16 - To acquire as an asset of any Trust a life insurance policy on the
life of any person to whom the income of the Trust is payable or on the life of any
person in whom such income Beneficiary has an insurable interest from such
companies and in such amounts as the Trustee may deem advisable; to pay premiums
on all such policies from income or principal or both (other than income or principal of
the Marital Trust), as the Trustee may determine; and all such insurance shall be
payable to, and all incidents of ownership vested in, the Trustee.
Section 17 - To retain property bid on under foreclosure or taken over without
foreclosure for such time as they shall deem advisable and to dispose of such property
by sale, exchange or otherwise upon such terms and conditions as they shall deem
advisable.
Section 18 - To pay any and all expenses, costs, fees, taxes, penalties or
other charges and, except as otherwise expressly provided herein, to charge the same
against principal or income or partly against the principal and partly against the income
of the whole or any part of my Estate or of any Trust.
Section 19 - To determine, what is principal and what is income of my Estate
and of any Trust and, in its discretion, to allocate or apportion any gain or loss realized
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from the sale or other disposition of any asset as between principal and income, except
that in the case of securities purchased at:
1. A discount, the entire subsequent sale price maturity value shall be
credited to principal; and
2. A premium, the premium shall be charged against principal without
amortizing the same.
SeCtiotl 20 - To receive additional property from any source, to be held and
administered under the terms of this instrument; but the Trustee shall not be required to
receive such additional property without its consent if such receipt and administration
would involve additional duties and responsibility, and unless satisfactory arrangement
is made for its compensation for holding and administering such additional property.
SeCtiotl 21 - To continue and operate any business owned by me at my death
and to do any and all things deemed needful or appropriate by my Personal
Representative or Trustee, including the power to incorporate and otherwise change the
form of the business, and to put additional capital into the business for such time as to it
shall seem advisable.
ARTICLE IX
Personal Representative Powers
in addition to all other powers conferred upon my Personal Representative
herein, it is expressly authorized and empowered to:
Section 1 -Join with my said Husband, if I am married, in filing joint income or
gift tax returns, or both for any period prior to my death; and, in its discretion, to pay out
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of my Estate any part or all of the taxes or interest found to be due with respect to such
returns.
Section 2 -Claim expenses as either income or estate tax deductions, when
an election is permitted by law, and to make such adjustment of tax between income
and principal as it shall deem proper. The decision of the Personal Representative shall
be binding and conclusive upon all persons.
ARTICLE X
Interpretations and Definitions
In the interpretation or construction of the provisions of this my Last Will and
Testament, the following shall govern and control:
Section 1 -All references herein to "children" or "descendants" are intended to
include children of mine born after the execution of this Will and such after-born children
shall have no rights in my Estate other than those granted by this Will.
SeCtlOn 2 -The terms "child", "children", "descendant" and "descendants" shall
include any person legally adopted by me or by any child or descendant of mine and the
descendants of any such legally adopted person.
Section 3 -Throughout this Will, unless some other meaning and intent is
apparent from the context, the masculine gender shall be deemed to include the
feminine or neuter, and the singular the plural, and vice versa.
Section 4 -All references herein to the "Personal Representative" shall mean
the Executrix and any successors thereto of this my Last Will and Testament.
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SeCtiOt1 5 -The phrases "issue", "issue surviving" and "then living issue" when
used in this Will shall include persons born or adopted before or after the date of the
execution of this Will and prior to the time fixed for the determination of the class.
SeCtioll 6 -Assets that are left to, distributable to, or allocated for an
individua{'s issue who are living on a designated date "per stirpes" shall be divided in
the following manner: Qne equal share shall be created for each then living child of that
individual and one equal share shall be created for each child who is not then living of
whom any issue is then living. Each share for a child who is not then living shall be
redivided in the same manner into subshares for that child's then living issue. It is
intended that even if no child of that individual is then living the division shall still be
made per capita for that individuals children of whom any issue is then living.
SeCtiOt1 7 -The term "education" shall include all forms of education, including
but not limited to, public or private schools, primary or secondary, college, advanced
college or post-college, commercial, vocational, technical, business or art education, or
otherwise.
ARTICLE XI
Simultaneous Death
If any legatee, devisee or Beneficiary shall die simultaneously with me or under
such circumstances as to render it difficult or impossible to determine who predeceased
the other, I hereby declare that it shall be deemed that I have survived such legatee,
devisee or Beneficiary and that the provisions of my Will shall be construed on that
assumption.
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ARTICLE XII
Trustee
SeCtlon 1 - In the event that JANET MARIE LESHER is unable or unwilling to
serve as Trustee hereunder, then my cousin, DENISE TIDBALL shall serve as Trustee
(hereinafter "Trustee") in her stead.
Section 2 - No Trustee hereunder shall be required to give bond for the faithful
performance of duty in any jurisdiction.
SeCtlOn 3 -Any Individual Trustee shall be entitled to reasonable
compensation for the performance of his or her duties as Trustee.
Section 4 -The Trustee shall render, at the written request of a Trust
Beneficiary, an account at least once each twelve (12) months to each of the adult and
otherwise legally competent Beneficiaries and to the parent or legal guardian, if any, of
each minor or otherwise legally incompetent Beneficiary then receiving or entitled to
receive income from any of the Trusts hereunder. The account shall show the receipts,
disbursements and distributions of principal and income since the last accounting, and
the invested and uninvested principal and the undistributed income on hand at the time
of the accounting. If no objection has been made to any account so rendered within
ninety (90) days after a copy thereof has been deposited in the mail, addressed to each
person entitled thereto as hereinabove provided, each such Beneficiary shall be
conclusively presumed to have approved or assented to all actions reflected in the
account so rendered.
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Notwithstanding any statute or rule of law to the contrary, no Trustee shall be
required to qualify or to file inventories or accountings in any probate or other court.
ARTICLE XIII
f=xc~r~~ ~tri~r
Section 1 - I hereby appoint my Mother, JANET MARIE LESHER, as Executrix
of my Estate. In the event that JANET MARIE LESHER shall be unable or unwilling to
serve as Executrix, then DENISE TIDBALL shall serve as Executrix in her stead.
SeCtlotl 2 - No Executrix hereunder shall be required to give bond far the
faithful performance of duty in any jurisdiction.
ARTICLE XIV
Guardians
Section 1 - In the event that my former Husband, DOUGLAS D. REEDER is
unable or unwilling to serve as the Guardian of any minor child of mine, I hereby appoint
my parents, LARRY LESHER and JANET MARIE LESHER, as the Co-Guardians
(together hereinafter "Guardian") of any minor child of mine.
SeCtiotl 2 - In addition to the payments provided in this instrument, my Trustee
is authorized to distribute to the Guardian such reasonable sums, as determined in the
Trustee's discretion, as sha{I be necessary to defray the indirect expenses of caring for
my minor children, such as the increased cost of utilities, the cost of occupying a larger
residence, the cost of a larger automobile and the need to employee domestic help.
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ARTICLE XV
Source of Payment of Taxes and Expense
All estate taxes, inheritance taxes, transfer taxes, and other taxes of a similar
nature, (not including any tax imposed in regard to generation skipping transfers under
Chapter 13 of the Internal Revenue Code) including any interest or penalties thereon,
payable by reason of my death upon or with respect to any property subject to any such
tax, whether or not such property passes under this Will, and afl debts, costs of
administration and other proper expenses paid by my Executrix, shall be paid out of the
principal of that portion of my residuary estate for which no federal estate tax marital
deduction election has been made, without reimbursement from or apportionment
among the beneficiaries, recipients, or owners of such property. Assets sold by my
Executrix to make payments hereunder shall be selected to the extent advisable, so as
to minimize the recognition by my estate of gain for income tax purposes. In
determining the amount of the federal estate tax marital deduction to elect for property
passing in Trust to my survivor spouse, I direct my Executrix to attempt to select that
marital deduction which will produce the largest after-tax distribution for the
beneficiaries who will receive the Trust property according to the provisions of this Will
following the death of my spouse. At any time prior to the vesting of a future interest in
possession and enjoyment, my Executrix or the Trustees to whom my residuary estate
has been distributed may enter into such agreement and may make such election to
pay all or any part of the death taxes thereon as may be deemed appropriate, and such
agreement or election shall be binding upon all parties in interest. Nothing herein shall
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be interpreted to authorize my Executrix to pay any tax due from any Trust of which i
was the Beneficiary and for which the estate of a former spouse of mine received a
marital deduction for federal estate tax purposes.
IN WITNESS WHEREOF, I have subscribed my name to this my Last Will
and Testament, consisting of twenty-five (25} typewritten pages, the next pages
included, on this. ~ ~ day of (~ " , 2006.
~Z~
Kam„ ~.2~.~
KAREN L. REEDER
/ql-`/~-Ia33
Social Security Number
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WITNESSES
On the day and year last above written, the foregoing instrument consisting of
twenty-five (25) typewritten pages, including the pages on which this attestation clause
and the self-proving clause appear, was signed, published and declared as and for her
Last Will and Testament by the Testatrix, KAREN L. REEDER, in the presence of us,
and thereupon we, at her request and in her presence, and in the presence of each
other, have hereunto subscribed our names as Witnesses.
~ residing at ~ C~ ;
ITNESS
~- ~.J ~ ~~
residing at _
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WITN SS ~
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COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF ALLEGHENY )
~. ~~
and ,the Testatrix, 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 Testatrix signed and executed
the instrument as her Last Will and Testament and that she signed willingly, and that
she executed it as free and voluntary act for the purposes therein expressed, and that
each of the Witnesses, in the presence and hearing of the Testatrix, signed the Last Will
and Testament as Witnesses and that to the best of their knowledge the Testatrix was
at that time eighteen years of age or older, of sound mind and under no constraint or
undue influence.
KAREN L. REEDER, TESTATRIX
~~
ITNESS
~~C~-~. ~bcc~~-a~1--
WITN SS
SUBSCRIBED, sworn to and acknowledged before me by
C ,the Testatrix, and subscribed and sworn to before me by
and ~ ,the Witnesses,
this day of , 2006.
NOTARY PUBLIC
My Commission Expires: ~ ~~~~
COMMONWEALTH OF PENNSYLVANIA
25 N°~ ~~
Andraa J. Boyd, Notary Public
City Ot Pittsburgh, Allegheny County
My Commission Expires Ckt. 28, 2008
Member, Penneylvanla Asso~latian Ot N~tarlee
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MEMORANDUM
FOR DISPOSITION OF
PERSONAL AND HOUSEHOLD EFFECTS
Article III of my Last Will and Testament executed on this day of
2006 makes reference to the disposition at my death of certain
items of personal and household effects in accordance with a memorandum signed by
me; and I hereby make this memorandum for that purpose.
Description of Property:
Name and Address of Devisee:
If all named devisees of a particular item do not survive me, such devise shall
lapse and pass as otherwise provided in my Last Will and Testament. Each devise
shall include any insurance coverage or insurance claim to such property.
Date:
Signature
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