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HomeMy WebLinkAbout03-17-11 (2)(' IZI~:CORUl?ll OI~I~T(;1? O1~ LAST WILL AND TESTAMENT 2011 MAR 17 ~:~,l~:~u~ car OF ORPI I~~~NS CC)UR'1' CU~~tR1~;R],,1N1~ (.Y>UR"I", PEA KENNETH ANTHONY DOTTLE I, KENNETH ANTHONY DOTTLE, a resident of the Commonwealth of Pennsylvania, make, publish and declare this to be my Last Will and Testament, revoking all wills acid codicils at any time heretofore made by me. I am retired from the militazy service of the United States. FIRST: I direct that the expenses of my last illness and funeral, the expenses of the administration of my estate, and all estate, inheritance and similaz taxes payable with respect to property included in my estate, whether or not passing under this will, and any interest or penalties thereon, shall be paid out of my residuazy estate, without apportionment and with no right of reimbursement from a:ny recipient of any such propert . Y SECOND: It is my desire that, upon my death, I be buried with i-ul1 military honors. THIRD: I give all the rest, residue and remainder of my pr~ope;rty and estate, both real and personal, of whatever kind and wherever located, that I own, or to which I shall be in any manner entitled at the time of my death (collectively referred to as my "residuazy estate ), as follows: (a) To those of my children ADAM E. DOTTLE and DANNY A. DOTTLE who survive me and to the issue who survive me of those of my children who shall not survive me, er stirpes; PROVIDED, HOWEVER, that if any child of mine shall be under the agE; of twenty-five (25) years at my death, my residuazy estate instead shall be given to my Trustee and held by my Trustee, IN TRUST, as a single trust for the benefit of my children andf more remote issue, as hereinafter provided. My Trustee shall pay so much or all of the net income and principal of this trust to, or for the benefit of, any one or more of said group, for their health, education, main- tenance and support, as determined in the absolute discretion of my Trustee, without any requirement of equality. Whenever all of my children shall attain the age of twenty-five (25) years, or shall have died prior to said age, all remaining income and principal (without adjustment for amounts previously paid) shall be paid and distributed to my then living issue, per stir^pes. (b) If no issue of mine survives me, my residuazy estate shall be paid and distributed to Second Coming Missions in Clayton, Washington. FOURTH: If any principal or income of my estate or any trust hereunder vests in absolute ownership (free of trust hereunder) in a minor or incompetent, my Executor or Trustee, at any time and without court authorization, may: distribute the whole or any part of such property to the beneficiazy; or use the whole or any part for the health, education, maintenance and support of the beneficiazy; or distribute the whole or any part to a guardian, committee or other legal representative of the beneficiary, or to a custodi~in for the beneficiary (including a custodian appointed by my Executor or Trustee without court order) under any gifts to minors or transfers to minors act, or to the person or persons with whom the beneficiary resides. Evidence; of any such distribution or the receipt therefor executed by the person to whom the distribution is made shall be a full discharge of my Executor and Trustee from any liability with respect thereto, even though my Executor or Trustee may be such person. If such beneficiary is a minor, my Executor or Trustee may defer the distribution of the; whole or any part of such property until the beneficiary attains the age of twenty-one (21) years, and may hold the same as a separate fund for the beneficiary with all of the powers described in Article SIXTH hereof. If the be;neficiazy dies before attaining said age, any balance shall be paid and distributed to the estate of the beneficiary. FIFTH: I appoint my stepmother ISOBEL DOTTLE to be my Executor. If ISOBEL DOTTLE does not survive me, or shall fail to qualify for any reason as my Executor, or having qualified shall die, resign or cease to act for any reason as my Executor, I appoint my former wife PATRICIA L. DOTTLE as my Executor. I ~'~`~ appoint my stepmother ISOBEL DOTTLE to be my Trustee. If ISOBEL DOTTLE does not survive me, or shall fail to qualify for any reason as my Trustee, or having qualified shall die, resign or cease to act for any reason as my Trustee, I appoint my former wife PATRICIA L. DOTTLE as my Trustee. I direct that no Executor or Trustee shall be required to file or furnish any bond, surety or other security in any jurisdiction. SIXTH: I grant to my Executor and Trustee all powers conferred on executors and trustees under the Pennsylvania Probate, Estates and Fiduciaries Code, as amended, or any ;successor thereto, and all powers conferred upon executors and trustees wherever my Executor or Trustee may act.. I also grant to my Executor and Trustee power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and otherwise deal with any kind of property, real or personal, for cash or on credit; to borrow money and encumber or pledge any property to secure loans; to hold property in bearer form or in the name of a nominee; to divide and distribute property in cash or in kind; to render liquid my estate or any trust in whole or in apart, at any time and from time to time, and to hold cash or readily marketable securities of little or no yield for such periods as my Executor or Trustee shall deem advisable; to exercise all powers of an absolute owner of property; to incorporate any business and hold any interests in corporations; to vote stock or securities, in person or by proxy; to exercise subscription and conversion rights, and to participate or refuse to participate in any reorganization, recapitalization, merger, consolidation, liquidation, dissolution or other action with respect to any corpor;~tion; to transfer any business or property to a partnership and to be a general or limited partner; to compromise and .release claims with or without consideration; to execute and deliver instruments, including releases; and to emplow attorneys, accountants and other persons for services or advice. The term "Executor" wherever used herein shall mean the executors, executor, executrix or administrator in office from time to time. The term "Trustee" wherever used h.ere;in shall mean the trustees or trustee in office from time to time. Each Executor and Trustee shall have the same: rights, powers, duties, authority and privileges, whether or not discretionary, as if originally appointed hereunder. The determination of my Trustee as to the amount or advisability of any discretionary payment of income or principal from any trust hereunder shall be final and conclusive on all persons, whether or not then in being, having or claiming any interest in such trust. Upon making any such payment, my Trustee shall be released fully from all further liability therefor. SEVENTH: I direct that for purposes of this will a beneficiary shall. be deemed to predecease me (or any other person upon whose death the interest of such beneficiary depends) unless such beneficiary survives me (or such other person) by more than thirty days. EIGHTH: No disposition, charge or encumbrance on any income or principal of any trust hereunder by any beneficiary thereof shall be valid or binding upon my Trustee. No beneficiary shall have the right to assign, transfer, encumber or otherwise dispose of any such income or principal until the same shall be paid to such beneficiary by my Trustee. No such income or principal shall be subject in any manner to any claim of any creditor of any beneficiary. NINTH: I appoint ISOBEL DOTTLE to be the Guardian of tlhe person and property of any children of mine who have not attained the age of majority. Said Guardian may act as Guardian of any property passing to my children under this will even if my children at any time may be living with my former wife. No Guardian shall be required to file or furnish any bond, surety or other security in an;y jurisdiction. If my Trustee or any trust hereunder is the beneficiary of any life insurance policy, my Trustee shall be entitled to the insurance proceeds rather than my Guardian. TENTH: I have served in the Armed Forces of the United State-s. I therefore request that my Executor make appropriate inquiries to ascertain whether there are any benefits towhich I, my dependents or my heirs may be entitled by virtue of any military affiliation. I specifically request that my Executor consult with a retired affairs officer at the nearest military installation, the Department of Veterans Affairs, and the Social Security Administration. z This document was prepared under the authority of 10 U.S.C. § 1044 and implementing military regulations and instructions, by Captain Robert E. Samuelsen II, U.S. Army, who is licensed to practice law in the State of Minnesota. IN WITNESS WHEREOF, I, KENNETH ANTHONY TT]LE, sign my name and publish and declare this instrument as my last will and testament this da of signature on the bottom of each of the recedin y -_, 2003. I also have affixed my p g pages hereof. i KENNETH NT Y DOTTL.E The foregoing instrument was signed, published and declared by KENNETH ANTHONY DOTTLE, the above-named Testator, to be his last will and testament in our presence;, all being present at the same time, and we, at his request and in his presence and in the presence of each othe;r, have subscribed our names as witnesses on the date above written. ~~o~ ~t~ having an address at / ?D/.s' having an address at ~G~v ~ , ~~ ~~- ~ ? v_~ 3 ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND, ss;. We, KENNETH ANTHONY DOTTLE and _ D 1/1 ~j~~/~ ~,~ _C:Si~~_~~~~---------- - ----- ~ -~-p ~=----------------- _ _, the Testator and. the witnesses respectively, whose names are signed to the attached or foregoing instrument, being first duly ;;worn, do hereby declare to the undersigned authority that the Testator, KENNETH ANTHONY DOTTLE, signed and executed said instrument as his last will and testament in the presence and hearing of the witnesses, and that hf; h;~d signed willingly, and that he executed it as his free and voluntary act and deed for the purposes therein expressed,, and that each of the witnesses at the request of the Testator, in the presence and hearing of the Testator and each other, signed the will as witness, and that to the best of his or her knowledge the Testator was at the time at least eighte-en years of age, of sound mind and under no constraint, duress, fraud or undue influence. 7 KENNETH N Y DOTTL]E T tator w Witness ~ -~~12 _ Witness Subscribed, sworn to and acknowledged before me by the said KE;NNETI-NTHONY TILE, Testator, and subscribed and sworn to before me by the above-named witnesses, t:hi~; ~ day of 2003. , r~ tary Public _ My commission expires on /j' /~ ~~,y ~~~ Notarial Seal ~~~ Betty S. Kistles~, Notary Public Carlisle Boro, C;urnberla~,d ~'ouritg~ My Commission: I/~pire;~ h2ay P=, ~~~w Member, PettR~lt"~da~`3#ctta;:;;;:r.:l6~r; A~i ~ ~~:~'-~~, a~-~;