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HomeMy WebLinkAbout07-26-11 (2) -~ ~r~ ;~ _ _ ~'7 -~ ~ ~ `~_, _ ~~ ! 7 cw. ~t;> ~:~~ ~~_ Y~~ _F W~..+ ~/ J ~ cod ~;, '.~rz ~~ ~-~ ~ . r~,-= LAST WILL OF ERIKA R. ANDERSON Jeffrey R. Boswell, Esquire Boswell, Tintner, Piccola & Alford 315 N. Front St. P.O. Box 741 Harrisburg, Pennsylvania 17108-0741 (717) 236-9377 LAST WILL AND TESTAMENT OF ERIKA R. ANDERSON Introductory Clause. I, ERIKA R. ANDERSON, a resident of and domiciled in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils at any time heretofore made by me. I have two living children: DONALD H. ANDERSON and GISELA RANK ANTONUK. ITEM I Direction to Pay Debts. I direct that all my legally enforceable debts, secured and unsecured, be paid as soon as practicable after my death. ITEM II Direction for my Remains. I direct that no viewing be held, that my remains be cremated, and that my ashes are to be cast upon the waters of the Atlantic Ocean by my Executor. ITEM III Direction to Pay All Taxes from Residuary Estate. I direct that all estate, inheritance, succession, death or similar taxes assessed with respect to my estate herein disposed of, or any part thereof, or on any bequest contained in this r~iy Last ~'Vill which ten~n wherever used herein shall include any Codicil hereto), or on any insurance upon my life or on any property held jointly by me with another or on any transfer made by me during my lifetime or on any other property or interests in property included in my estate for such tax purposes be paid out of my residuary estate and shall not be charged to or against any recipient, beneficiary, transferee or owner of any such property or interests in property included in my estate for such tax purposes. ITEM IV General Bequest of Personal and Household Effects With a Precatory Memorandum. I give and bequeath all my personal and household effects of every kind Last Will and Testament of ERIKA R. ANDERSON Page 1 including but not limited to furniture, appliances, furnishings, pictures, silverware, china, glass, books, jewelry, wearing apparel, automobiles, and all policies of fire, burglary, property damage, and other insurance on or in connection with the use of this property, to my children surviving me in approximately equal shares; provided, however, the issue of a deceased child surviving me shall take per stirpes the share his or her parent would have taken had he or she survived me. If my issue do not agree to the division of the property among themselves, my Personal Representative shall make such division among them, the decision of my Personal Representative to be in all respects binding upon my issue. I request that my Personal Representative and my issue abide by any memorandum by me directing the disposition of this property or any part thereof. This request is precatory and not mandatory. If any beneficiary hereunder is a minor, my Personal Representative may distribute such minor's share to such minor or for such minor's use to any person with whom such minor is residing or who has the care or control of such minor without further responsibility and the receipt of the person to whom it is distributed shall be a complete discharge of my Personal Representative. The individual who receives any item of personal property shall pay for the cost of packing and shipping. ITEM V Cash Legacies to Charities. If, and only if, the net residuary estate, after payment of all tax, debts, and expenses of estate administration, shall exceed $10,000.00, then I give and bequeath charitable cash legacies, as follows: (1) I give and bequeath to the AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, or its successors, the sum of One Thousand Dollars and No Cents ($1,000.00) for such uses and purposes as its governing board shall deem necessary and advisable. (2) I give and bequeath to the THE HUMANE SOCIETY, or its successors, the sum of One Thousand Dollars and No Cents ($1,000.00) for such uses and purposes as its governing board shall deem necessary and advisable. (3) I give and bequeath to the GREENPEACE, USA, or its successors, the sum of One Thousand Doliars and I~To Cents ($1,000.00) for such uses and purposes as its governing board shall deem necessary and advisable. ITEM VI Specific Devise of Other Property. I give and devise to DONALD H. ANDERSON, if he shall survive me, all of my United States Treasury Bonds, as follows: (1) U.S. Treasury Bond dDtd 05/15/86 CPN/MATY 7.25% OS/1S/16 -- 912810DW5 (2) U.S. Treasury Bond dDtd 08/15/92 CPN/MATY 7.25% 08/1S/22 -- 912810EM6 Last Will and Testament of ERIKA R. ANDERSON Page 2 ITEM VII Outright Gift of Residuary. I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description wherever situate and whether acquired before or after the execution of this Will to my children, DONALD H. ANDERSON and GISELA RANK ANTONUK, specified as follows: (1) I give and bequeath to GISELA RANK ANTONUK, if•she shall survive me, the sum of One Thousand Dollars and No Cents ($1,000.00), per stirpes. (2) After the payment of the stated $1,000.00 gift to GISELA, I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies, devises, and bequests) wherever situate and whether acquired before or after the execution of this Will, absolutely in fee simple to DONALD H. ANDERSON, per stirpes. ITEM VIII Naming the Personal Representative, Personal Representative Succession, Personal Representative's Fees and Other Matters. The provisions for naming the Personal Representative, Personal Representative succession, Personal Representative's fees and other matters are set forth below: (1) Naming an Individual Personal Representative. I hereby nominate, constitute and appoint as Personal Representative of this my Last Will and Testament DONALD H. ANDERSON and direct that he shall serve without bond. (2) Naming Individual Successor or Substitute Personal Representative. If my individual Personal Representative should fail to qualify as Personal Representative hereunder, or for any reason should cease to act in such capacity, the successor or substitute Personal Representatives who shall also serve without bond shall be CAROL E. ANDERSON and JEFFREY R. BOSWELL, ESQUIRE. If any individual Personal Representative named herein should fail to qualify as Personal Representative hereunder, or for any reason should cease to act in such capacity, the remaining individual Personal Representative named'nerein shall continue to serve without a successor or substitute. (3) Fee Schedule for Individual Personal Representative. For its services as Personal Representative, the individual Personal Representative shall receive reasonable compensation for the services rendered and reimbursement for reasonable expenses. Last Will and Testament of ERIKA R. ANDERSON Page 3 ITEM IX Provision for Personal Representative to Act as Trustee for Beneficiary Under Age Twenty-One. If any share or property hereunder becomes distributable to a beneficiary who has not attained the age of Twenty-one (21) years or if any real property shall be devised to a person who has not attained the age of Twenty-one (21) years at the date of my death, then such share or property shall immediately vest in the beneficiary, but notwithstanding the provisions herein, my Personal Representative acting as Trustee shall retain possession of the share or property in trust for the beneficiary until the beneficiary attains the age of Twenty-one (21), using so much of the net income and principal of the share or property as my Personal Representative deems necessary to provide for the medical care, education, support and maintenance in reasonable comfort of the beneficiary, taking into consideration to the extent my Personal Representative deems advisable any other income or resources of the beneficiary or his or her parents known to my Personal Representative, Any income not so paid or applied shall be accumulated and added to principal. The beneficiary's share or property shall be paid over, distributed and conveyed to the beneficiary upon attaining age Twenty-one (21), or if he or she shall sooner die, to his or her personal representatives. Whenever my Personal Representative determines it appropriate to pay any money for the benefit of a beneficiary for whom a trust is created hereunder, then the amounts shall be paid out by my Personal Representative in such of the following ways as my Personal Representative deems best: (1) directly to the beneficiary; (2) to the legally appointed guardian of the beneficiary; (3) to some relative or friend for the care, support and education of the beneficiary; (4) by my Personal Representative using such amounts directly for the beneficiary's care, support and education; (5) to a custodian for the beneficiary under the Uniform Gifts or Transfers to Minors Act. My Personal Representative as trustee shall have with respect to each share or property so retained all the powers and discretions conferred upon it as Personal Representative. ITEM X Definitions of Family. The following definitions shall be used to define the family: (4) Definition of Children. For purposes of this Will, "children" means the lawful blood descendants in the first degree of the parent designated; and "issue" and "descendants" mean the lawful blood descendants in any degree of the ancestor designated. The terms "child," "children," "issue," "descendant" and "descendants" or those terms preceded by the terms "living" or "then living" shall include the lawful blood descendant in the first degree of the parent designated even though such descendant is born after the death of such parent. (5) Definition of Per Stirpes. The term "per stirpes" as used herein has the identical meaning as the term "taking by representation" as defined in the Pennsylvania Probate Code. Last Will and Testament of ERIKA R. ANDERSON Page 4 Testimonium Clause. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this ~ day of July, 2004. ~~ ~'~~ /~,, ~~ ~ ~' SAL ~~' ERIKA R. ANDERSON Attestation Clause. The foregoing Will was this ~` day of July, 2004, signed, sealed, published and declared by the Testatrix as and for her Last Will and Testament in our presence, and we, at her request and in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses on the above date. of ,% Last Will and Testament of ERIKA R. ANDERSON Page 5 PROOF OF WILL COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Self-Proving Affidavit We, ERIKA R. ANDERSON, and Jeffrey R . Bo swe 11 and Diane E . Gr i s s i nger ,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 that she had signed willingly (or willingly directed another to sign for her), and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, and in the presence of each other, signed the Will as witness and to the best of our knowledge the Testatrix was at that time eighteen years of age or older, of sound mind, and under no constraint or undue influence. ERIKA R. ANDERSON Witnes Witness Subscribed, sworn to, and acknowledged before me by ERIKA R. ANDERSON, the Testatrix and subscribed and sworn to before me by Je f f re R . Bo swe 11 and Diane E . Gri s s finger ,witnesses, this ~ day of July, 2004. Seal) Notary Public or Pennsylvani Last Will and Testament of ERIKA R. ANDERSON Member, Pennsylvania Asscx:iation Of Notar~s My Commission Expires: ~ d ~ '~"~ Notarial Seal Connie L. Harriy, Notary Public City Of Harrisburg, Dauphin Courrty Page 6 MY Commission Expires Feb. 10, 2007