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HomeMy WebLinkAbout08-16-11 (2) LAST WILL AND TESTAMENT -~~ ~~ -c. - a ~~ r~ OF ~L~R~ f~F' C~R~~„~~~'~ ~,~~ 1RT RANDALL G . DELLINGER (~)~~!~?~~'' t~,"~~;~; ;`; ~ , Pry ~' I_, RANDALL G. DELLINGER, of Boiling Springs, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST ~~ SAIDIS, GUIDO & MASLAND 26 W. High Street Carlisle, Pa. I direct the payment of my just debts and expenses of my last illness and funeral from my estate as soon after my death as t conveniently may be done. If there be no cemetery lot available ~- for my interment owned by me at the time of my death, I authorize R e my personal representative to purchase such cemetery lot with a E contract for perpetual care, using therefore funds from my estate i_n such amount as he shall consider necess~~ry and desirable, and I authorize my personal representative to c~~use title to or ownership of such lot so purchased to be vested in such person as my personal representative shall designate. Further, I authorize my personal repre;~entative to expend funds from my estate, in such amount as my ~~ersonal representative shall consider necessary and desirable for the purchase, erection and inscription of a suitable marker for my grave. SECOND I give, devise and bequeath all the re:~t, residue and remainder of my estate to my beloved. wife, (SAIL B. DELLINGER, ;absolutely and in fee simple if she survives me by thirty (30) ~ days . THIRD a In the event that my wife, GAIL B. DELLINGER, fails to survive me by thirty (30) days, then I give, devise and bequeath all the rest, residue anu remainder of my estate in equal shares unto my children, KARIN L. DELLINGER and BRIAN M. DELLINGER, per stirpes, provided, that if any of my children have not attained the age of 22 years, then I give, devise an~~ bequeath my entire estate together with any other property whi~~h may be added, unto COMMONWEALTH NATIONAL BANK, IN TRUST, upon -the following terms land conditions: (A) To hold, manage, invest and reinvest the principal so received, and accumulatio~l of income thereon, and to use, pay and apply the income a~zd principal or so much thereof as in Trustee's sole discretion may be necessary for the maintenance, support,, medical expenses and education of my children whether the same be born before or after the signing of these presents. (B) The payments authorized by t~iis trust shall be SAIDIS, GUIDO & MASLAND 26 W. High Street Carlisle, Pa. made without any regard to equality of distribution among my said children and without further responsibility to said children or to any person taking care of said children. Said payments may be made by my trusteE~ directly to said children, or such of them as may be, iri the sole opinion of trustee, of such age and ability to handle properly the - 2 - r funds so paid, or may be made directly to the person having custody and care of any of said children, or may be made directly to any institution entitled to such payment by reason of services rendered or to be rendered to any of said children. (C) The amount to be paid for the benefit of any of my children shall be determined from time to time by the need of each child, and the amounts and times of said payments shall be determined by such need, provided that payments be made at least monthly. f (D) All payments of principal and income hereby given shall be free from anticipation, assignment, pledge or obligations of beneficiaries, and shall not be subject to any execution or attachment. (E) All principal and accumulated income, not so applied, shall be distributed in equal shares to my children, per stirpes, when my youngest then-living child attains the age of 22 years. FOURTH SAIDIS, GUIDO & MASLAND 26 W. High Street Carlisle, Pa. I direct that any and all inheritance, estate, and transfer taxes imposed upon my estate passing under this Will or otherwise shall be paid out of the principal of my re:~iduary estate. FIFTH In addition to the powers conferred by law, I authorize any personal representative acting under this i~lstrument, in hisiher absolute discretion: - 3 - (a) To retain in the form receivE~d, or to sell i'. either at public or private sale any rE~al or personal property; '; (b) To exercise any options to subscribe for stocks, bonds, or other investments. (c) To join in any plan of lease,. mortgage, consolidation, exchange, reorganization or foreclosure of any corporation in which my estate or any trust may hold stocks, bonds or other securities; (d) To sell, transfer, convey, mortgage, pledge, lease or exchange any property, real oz' personal, which at any time may form part of my estate, for the payment of debts or taxes, or for any purpose of administration or distribution, for such prices and u~~on such terms as my personal representative, in his/r~er sole discretion, may deem wise, and to execute and deliver deeds of SAIDIS, GUIDO & MASLAND 26 W. High Street Carlisle, Pa. conveyance or transfer thereof; (e) To make settlements and compz~omises on such terms as my personal representative in his/her sole discretion may deem wise without the necessity of obtaining any court approval thereof; (f) To make distribution hereunder either in cash or kind, as my personal representative in his/her discretion may deem wise. SIXTH Should my wife, GAIL B. DELLINGER, predecease me, I appoint STEVEN R. SPEISS, Guardian of the persons of my minor children. - 4 - SEVENTH r Should my wife, GAIL B. DELLINGER, prE~decease me, I appoint COI~SMONWEALTH NATIONAL BANK, Guardian of thE~ property of my minor children. EIGHTH I do hereUy nominate, constitute and appoint my wife GAIL B. DELLINGER, to act as Executrix, of this my Last Will and Testament. Provided, however, that if she is unwilling or unable to act as Executrix, I direct the duties of Alternate Executor be performed by RICHARD N. DELLINGER. NINTH SAIDIS, GUIDO & MASLAND 26 W. High Street Carlisle, Pa. I direct that no personal representative, guardian, trustee or other fiduciary appointed under this instrument shall be required. to give bond for the faithful performance of their duties in any jurisdiction. IN WITNE;S WHEREOF, I, RANDALL G. DELLINGER, have hereunto set my hand and seal to this my Last Will a.nd Testament, consisting of five typewritten pages, the first four of which bear my signature in the margin for identification, this °z3'"a day of 1~~.~ 19 89 . Randall G. Dellinger Signed, sealed, published and declared. by the above-named Testator, RANDALL G. DELLINGER, as and for his Last Will and Testament in the presence of us, who have hereunto subscribed. our - 5 - names at his request as witnesses thereto, :Cn the presence of said Testator and of each other. ADDRESS ~ l`f ~~`~_ it ~~~ C.~~' J ~' Il~(('~1~~-~( ~C ~Q,(~ Il ADDRESS yv. ~ SAIDIS, GUIDO & MASLAND 26 W. High Street Carlisle, Pa. COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF CUMBERLAND WE, RANDALL G. DELLINGER, ROBERT C. Sp~IDIS, and MICHELLE L. SHEARER , the Testator and witnesses, respectively whose names are signed to the foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will it and Testament and that he signed willingly and that he executed as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence. and hearing of the Testator signed the Will as witness and that to the best of their knowledge the Testator was at the time 1S or more years of age, of sound mind and under no constraint or undue influence. Randa Dellinger; Testator _,~-~~ , ~,.. ,/L ~,. Rober C. Saidis, Witness Michelle :G . Shearer , Wi to e s s Subscribed, sworn to and acknowledged before me by RANDALL G. SAIDIS, GTJIDO & MASLAND 26 W. High Street Carlisle, Pa. DELLINGER, the Testator, and subscribed to and sworn or affirmed to before me by ROBERT C. SAIDIS, and. MICHELLE L. SHEARER , ~, witnesses, this ,~-~ day of ~~, , ,. 198``x. pry Pub]llc;,/ '` K~1S1~1 L. Lf'`;`.~w'? r.~r s ~'..'~( i~l)RLIC K`( C0~4i~1ESolE"; c;tPbrE;~ FEb~I~f~RY 20, 1993 ~I _ .` 1,. ~ _ ~- ~ I + ^ F { ~ ~ 6 ~I. ~ 1 r I 1 ~ LL^V// {- f t:p ~ 5 k :.. CODICIL OF R.ANDALL G . DELLINGER ~%~•~R~ rF QRP'~;~~~'~ ~+~i.'RT ,, , ~: I , RANDALL G . DELLINGER, the within named Te ~~'b~',~-~ '~ . ~.._; ., P~ hereby make and publish this Codicil of my bast Will and Testament dated May 23, 1989. FIRST I hereby amend the THIRD provision of .paid Last Will and Testament to substitute American Express Tr~.~st Company as Trustee and hereby delete Commonwealth Nati~~nal Bank, as Trustee. SECOND I hereby amend the SEVENTH provision of said Last Will and Testament to delete Commonwealth National Bank as Alternate Guardian of the property of my minor children and hereby substitute American Express Trust Company as Alternate Guardian of the property of my minor children. THIRD SAIDIS, GUIDO, SHUFF & MASLAND 26 W. High Street Carlisle, PA In all other respects I hereby ratify,, confirm and republish my Last Will dated May 23, 1989 together with this sole Codicil as and for my Last Will. IN WITNESS WHEREOF, I, RANDALL G. DELLINGER, have hereunto set my hand and seal to this Codicil to my Last Will and Testament this ~~~~-day of _, f r--- Randall G. Dellinger ~. Signed, sealed, published and declared by the above-named Testator, RANDALL G. DELLINGER, as and for a Codicil to his Last Will and Testament in the presence of us, wYio have hereunto subscribed our names at his request as witnesses thereto, in the presence of said Testator and of each other. ~,~.- ADDRE ~~ / ! _ r ~) ,• ~ ~~ .f.~~"~G~ r~ r -~ e ADDRESS G%'~, l . .=~ " COMMONWEALTH OF PENNSYLVANIA: : SS COUNTY OF CUMBERLAND ROBERT C . SA7:DIS , and KANDI L . WE, RANDALL G• DELLINGER, LENKER , the Testator and witnesses, respectively whose names are signed to the foregoing or attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Codicil and that he signed willingly and that heinxexuressed,handithat and voluntary act for the purposes ther p each of the witnesses, in the presence and hearing of the Testator signed the Codicil as witness and that to i~he best of their knowledge the Testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. Randa 1 ~..~-~ ~ nger Testator tn~ss SAIDIS, GUIDO, SNUFF & MASLAND 26 W. High Street Cazlisle, PA Witness Subscribed, sworn to and acknowledged before me by RANDALL G. DELLINGER, the Testator, and subscribed to and sworn or Robe C. Saidis , and Kandi L. Lenker affirmed to before e by ~ 33~' witnesses, this ~ day of ~ lGc•~ NOTARIAL SEAL Ot~ary Pub^! 1C JOAN E. SMiTFi, NOTARY PUBLIC CARLISLE BOROUGH, CUMgEgLAND t,,0. PA MY COMMISSION EXPIRES MARCH Z3: 2000