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HomeMy WebLinkAbout08-16-11 (2)LAST WILL AND TESTAMENT OF LORETTA J. McIVOR I, LORETTA J. McIVOR, of New Cumberland, Cumberland County, Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time made. ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my estate or by any recipient of any property, shall be paid by the Executor out of the property passing under ITEM III of this Will, as an expense and cost of administration of my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM II: I direct the Executor to pay my just debts and the expenses of my last illness and funeral expenses from the property passing under this Will as an expense and cost of administration of my estate. ~~ C~ ~,.~, ._..., ~~ n _a - _ ._,; ~. ~', _ ;p ~~: _y ~ `~ ~l~ ~~ tom. ~ _~ p --. i :.~ i; ~.a ITEM III: I devise and bequeath the rest, residue, and remainder of the estate to my spouse, ROBERT H. McIVOR. In the event my spouse shall predecease me, I direct my estate be divided equally between my issue as follows: 1) Fifty (50%) percent to be paid to my son, ROBERT C. McIVOR. In the event my son, Robert, shall predecease me, I direct this share shall be paid to his issue, per stirpes. In the event my son, Robert, predeceases me and leaves no issue, I direct this share shall be paid to my daughter, MARIANNE WELLS or to her issue, if Marianne has predeceased my son. 2) Fifty (50%) percent to be paid to my daughter, :MARIANNE WELLS. In the event my daughter, Marianne, shall predecease me, I direct this share shall be paid to her issue, per stirpes. In the event my daughter, Marianne, predeceases me and leaves no issue, I direct this share shall be paid to my son, ROBERT C. McIVOR or to his issue, if Robert has predeceased Marianne. ITEM IV: In the settlement of my estate, my Executor shall possess, among others, the following powers: (a) To retain any investments I may have at my death, as long as the Executor may deem it advisable to my estate to do so; z ~ a a~ ~«~_ (b) To sell either at private or public sale and upon such terms and conditions as the Executor may deem advantageous to the estate, any or all real or personal property or interest therein owned by the estate; (c) To pay all costs, taxes, expenses and charges in connection with the administration of my estate; (d) To compromise controversies; and (e) To do all other acts in the Executor's judgment deemed necessary or desirable for the proper and advantageous management, investment and distribution of the estate. ITEM V: Any person who shall have died at the same time as I shall have, or in a common disaster with me, or under circumstance that the order of deaths cannot be established by proof, or within thirty (30) days of my death, shall be deemed to have predeceased me. ITEM VI: I appoint my spouse, ROBERT H. McIVOR, to be Executor of my Estate. In the event my spouse, ROBERT H. McIVOR, cannot act or refuses to act as 3 Executor for any reason, I nominate, constitute and appoint my son, ROBERT C. McIVOR, as alternate Executor. In the event my son, ROBERT C'. McIVOR, cannot act or refuses to act as alternate Executor, I nominate, constitute and appoint my daughter, MARIANNE WELLS, as alternate Executrix. The Executor(trix) is specifically relieved from the duty or obligation of filing any bond or other security. IN WITNESS WHEREOF, I have hereunto set my hand anal seal to this, my Last Will and Testament, consisting of this and the preceding three (3) pages, at the end of each page of which I have also set my initials for greater security and better identification this 2"d day of November, 2006. ~ (SEAL) LORETTA . McIVOR We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament, in the presence of each other, have hereunto set our hands and seals the day and year first above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound mind and memory. Residing at: 123 Seventh Street Laura J. ghes New Cumberland, :PA 17070 G~~'~~~ a~ a~G~~ Amanda L. Souders Residing at: 129 Herman Avenue Lemoyne, PA 17043 4 ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. I, LORETTA J. McIVOR, Testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. ~ (SEAL) ORETTA . McIVOR Sworn to and subscribed before me this 2nd day of N mbe , 2~16fs:- -~~ NOTARY PUBLIC My Commission Expires: (SEAL) NOTARIAL SEAL BARBARA SUMPLE-SULLNAN Notary Publ~ NEWCUMBERLAND BOROUGH CUMBERLAND COUNTY My Commission Ex res Nov 15, 2007 5 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND We, Laura J. Hughes and Amanda L. Souders, the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified. according to law, do depose and say that we were present and saw Testatrix, LORETTA J. McIVOR, sign and execute the instrument as her Last Will and Testament; that Testatrix signed willingly and she executed said Will as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as Witnesses; and that to the best of our knowledge the Testatrix was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. ~ ~ ~~~ ~~ WI S WITNESS Sworn to and subscribed before is a day of emb , ~~.~'i NOTARY PUBLIC My Commission Expires: (SEAL) NOTARIAL SEAL BARBARA SUMPLE-SULUVAN Notary Public NEWCUMBERLAND BOROUGH CUMBERLAND COUNTY My Commission Expires Nov 15.2t~7 6