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Home My WebLink About08-16-11 (2) /+~ r- l l ~S V~ ~ + t d p^ LAST WILL AND TESTAMENT .tom i .. . ~ . ~.;.r f7~ ~: ~f ~ ~~-~ 1 - .._, ~`:_ ~ ~~ ~ ` ? AUDRIE G. STEWART ~' ~ .~... ~' ~ ` I, AUDRIE G. STEWART of 104 Bishop Road, Mechanicsburg, Cumberland County, Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making null and void any and all former Wills by me at any time heretofore made. FIRST: I direct my Executrix, hereinafter named, to pay all my legal debts and funeral expenses as soon after my decease as conveniently may be done. SECOND: All of my tangible personal property, including furniture, furnishings, books, silverware, jewelry, pictures, objects of art, automobiles and all other domestic and household effects and personal goods and chattels of every nature and wheresoever situate, except as hereinbefore specifically bequeathed, including all insurance policies thereon, I give and bequeath unto my daughters, Elsie Louise Stewart of 104 Bishop Road, Mechanicsburg, Pennsylvania and Mary Stewart Fitzgerald, of 127 Second Street, Bowmansdale, Pennsylvania. If either of my daughters fails to survive me, then I give and bequeath the same unto the children of that daughter, by representation. THIRD: All the rest, residue and remainder of my estate of whatsoever nature and wheresoever situate, including that over which I have a Power of Appointment, I give, devise and bequeath unto my daughters, Elsie Louise Stewart and Mary Stewart Fitzgerald, in equal shares. If either daughter fails to survive me, then I give and bequeath the same unto their children, by representation. If either of my daughters die without children, I give, devise and bequeath her share to my surviving daughter. If neither of my daughters survive me, I give, devise and bequeath my entire estate to the surviving children of my daughters, or either of them, in equal shares. FOURTH: Any share of my residuary estate which becomes distributable to a child who shall not have attained the age of thirty (30) years, shall be held in trust by my Executrix until said child shall reach the age of thirty (30). My Executrix shall, at her discretion, from time to time distribute to or for the benefit of said minor as much of the principal of the share of the trust as she may consider desirable for the health, maintenance, support and education, including college, after considering all resources available to said child. My Executrix shall not be obliged to supervise or inquire into application of such amount by such person, and the receipt of such person shall be a complete release of my Executrix. Should the share of a child, in the sole discretion of my Executrix, be or become too small to warrant continuation of such funds in trust or should its administration be or become impracticable for any other reason, my Executrix, in her sole discretion, may deliver such share, absolutely, to the parent or other person maintaining said child, or directly to the child, or may deposit such share in the child's name in a savings account in an institution of its choosing, payable to the child at majority. FIFTH: I direct my Executrix to pay all inheritance, estate, succession and legacy taxes of whatsoever nature and kind, to which my estate or the transfer of any property passing hereunder or otherwise passing by reason of my death, may be subject and to charge such taxes against my residuary estate, it being my intention that none of the aforesaid taxes, either federal or state, on any property required to be included in my gross estate under th.e provisions of any state or federal law now in force and effect or hereafter enacted shall be prorated among said persons -2- interested in my estate to whom such property is or may be transferred or to whom any benefit accrues. SIXTH: My Executrix is hereby authorized and empowered to sell securities or other property, real or personal or both, and my Executrix is further authorized. to borrow money for any purpose necessary in connection with the payment of taxes or other matters incidental to the settlement of my estate, either secured or unsecured, at such rate of interest as may be necessary and to pledge the assets of my estate as security therefor. My Executrix shall have the power to make distribution in kind, or partly in kind and partly in cash, to retain all or any part of my property, real or personal, constituting my estate for such time as it deems best or to invest and reinvest the same without being restricted to "legal" investments, including common trust funds of a bank which may become a substitute executor. I further authorize and empower my Executrix to borrow money from herself, as an individual, or a successor corporate executor as an entity and to execute and renew promissory notes and to pledge the assets of my estate as security therefor, and to file tax returns. SEVENTH: I nominate, constitute and appoint Elsie Louise Stewart, of 104 Bishop Road, Mechanicsburg, Pennsylvania, as Executrix, under this my Last Will and Testament. If she is unable to serve, then I appoint Mary Stewart Fitzgerald, of 127 Second Street, Bowmansdale, Pennsylvania, Alternate Executrix of this Will, with the same duties, powers and discretion as if originally appointed. No personal representative shall be required to enter bond or furnish surety in any jurisdiction. -3- IN WITNESS WHEREOF, I, AUDRIE G. STEWART, the Testatrix to this my Last Will and Testament, typewritten on six (6) sheets of paper, have hereunto set my hand and seal this ,- ~~~',~z:'. day of !~~-~ c';..~. ~,-~, , 2001. r. ~.~~. ~__r~ 4 t {~ ~~_.~~,..~..~...~~-~_...~ SEAL AUDRIE G. ST'EWART SIGNED, SEALED, PUBLISHED AND DECLARED by the above named Audrie G. Stewart, Testatrix, as and for her Last Will and Testament, in the presence of us, who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses. residm at ~ ~ ~ r'l c~,~.cR.a ~t ~c,-~c~..~~ g ~~ -~ residing at ~, ~ ~' ' . ,~`~ ~ ~~~~ residing at ~~ -4- STATE OF PENNSYLVANIA :SS. COUNTY OF DAUPHIN I, Audrie G. Stewart, Testatrix, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do acknowledge that I signed and executed the instrument as my Last Will; that I signed it as my free and voluntary act for the purposes therein expressed. _~ ,__.. AUDRIE G. STEWA T Sworn or affirmed to and acknowledged before me by Audrie G. Stewart, the Testatrix, this ~ ® day of C~ ~,~ 2001. z.~%~~ ~ . OTARY PUBLIC ~' y Commission Expires: NOTARIAL SEAL Jeannette Chelgren, Notary Public City of Harrisburg, County of Dauphin My Commission Expires Feb. 15, 2005 -5- STATE OF PENNSYLVANIA :SS. COUNTY OF DAUPHIN ~ ~ ~ ~ .~ ~ he and ~y 6 S~~ ~.." . //~ /~ ~ ,the witnesses whose names are si ned to the attached or g foregoing instrument, being duly qualified according to law, do depose and say that we were present and sa~~v the Testatrix sign and execute the instrument as her bast Will and Testament; that she signed it willingly and that she executed it 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 18 or more years of age, of sound mind and under no constraint or undue influence. /~1 ,~ Wi ~~~~ Wit ss ~~~ Witness Sworn or affirmed to and acknowledged before me this ..30 day of ~C~lj ~,~,,, 2001 y ,~ otary Public ~`` ~~ NOTARIAL. SEAL Jeannette Chelgren, Notary Public City of Harrisburg, County of Dauphin My Commission Expires FQb. 16, 2006 -6-