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HomeMy WebLinkAbout08-19-11 (2)f , I . , • • r ~~ .:. J.:7 TJ '.~~ s:.:: ' - J 7 ~~ ~ .., f LAST WILL AND TE ~,~ ..~_. S TAMENT ~ ~ ~~., ~~ ,~,., ;, ~, :. OF GRACE J. TIPTON I, GRACE J. TIPTON, of Camp Hill, Cumberland County, Pennsylvania, make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wi:ils and Codicils heretofore made by me. FIRST: I devise and bequeath all the rest, residue and remainder of my estate of whatever nature and wherever situate, including any property over which I hold power of appointment and together with any insurance policies thereon, to my nephew, RANDALL F. BYRA and his wife, JUDITH M. BYRA, or the survivor thereof. SECOND: Should both RANDALL F. BYRA acid JUDITH M. BYRA 1 ~ ... predecease me, I devise and bequeath all the rest;, residue and remainder of my estate of whatever nature and wherever situate, including any property over which I hold power ofd appointment and together with any insurance policies thereon, to TRACY B. SPANDLER, daughter of RANDALL F. BYRA and JUDITH M. BYRA. THIRD: In addition to all powers granted to them by law and by other provisions of this Will, I give the fiduciaries acting hereunder the following powers, applicable to all proper- ty, exercisable without court approval and effective until actual ldistribution of all property: (A) To sell at public or private sale, or to lease, for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such :prices and upon such terms (including credit, with or without ser.,~r; t-tT~ ~r conditions as are deemed proper. This includes the power to give legally sufficient instruments for transfer of the property and to receive the proceeds of any disposition of it. • ' , ~ • ~ (B) To partition, subdivide, or improve real estate and to enter into agreements concerning the partition, subdivi- sion, improvement, zoning or management of real estate and to impose or extinguish restrictions on real estate. (C) To compromise any claim or controversy and to abandon any property which is of little or no value. (D) To invest in all forms of property, including stocks, common trust funds and mortgage investment funds, without restriction to investments authorized for Pen~zsylvania fiduci- aries, as are deemed proper, without regard to a:ny principle of diversification, risk or productivity. (E) To exercise any option, right or privilege granted in insurance policies or in other investments. (F) To exercise any election or privilege given by the Federal and other tax laws, including, but not necessarily being limited to, personal income, gift and estate or inheritance tax laws. 3 m (G) To make distributions to my herein named benefici- aries in cash or in kind or partly in each. (H) To borrow money from themselves oz- others in order to pay debts, taxes, or estate or trust administz~ation expenses, to protect or improve any property held under my will, and for investment purposes. (I) To select a mode of payment under any qualified retirement plan (pension plan, profit sharing plan, employee stock ownership plan, or any other type of qualified plan) to the extent the plan or the law permits them to do so, and to exercise any other rights which they may have under the plan, in whatever manner they consider advisable. FOURTH: I direct that all inheritance, estate, trans- fer, succession and death taxes, of any kind whatsoever, which may be payable by reason of my death, whether or :not with respect 2 ~ ~• • , ,- to property passing under this Will, shall be paid out of the principal of my residuary estate. FIFTH: All interests hereunder, whether principal or income, which are undistributed and in the possession of the fiduciaries acting hereunder, even though vested, or distribut- able, shall not be subject to attachment, execution or sequestra- tion for any debt, contract, obligation or liability of any beneficiary, and furthermore, shall not be subject to pledge, assignment, conveyance or anticipation. SIXTH: I nominate and appoint RANDALL F. BYRA and JUDITH M. BYRA, or the survivor thereof, Co-Executors of this, my Last Will and Testament. In the event of the death, resignation or inability to serve for any reason whatsoever of RANDALL F. BYRA and JUDITH M. BYRA, I nominate and appoint ~PRACY B. SPANDLER, Executrix of this, my Last Will and Te:~tament. I direct that my Executor or Executrix, as the case may be, and their successors, shall not be required to post :security or a bond for the performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set: my hand and seal to this, my Last Will and Testament, this ~~ day of 2004. ~ ~~~ '~- rr~ !~~~C.Q. ~~~~ J ~ SEAL ) GRACE J. TIPTON ~ 3 •~ ' • ~~ ~ , Signed, sealed, published and declared by the above- named Testatrix as and for her Last Will and Testament in our presence, who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses. I Address I Address 4