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HomeMy WebLinkAbout08-23-11 (2)1~tt~Y mill ~ztc~ C~n~Y c~-t11~.~1T-~ ,-~t. ~~ ~ ~., ~ry E/~{ ._,s ~-- _,-, -'~ =~ r , ~~{,;~ Y '' i .~~ f \..._ ~. '' `' ~ `''- .....~ i ~_ ~~~ c~ -~ OF - ~ ~:f~-x .~-,._ ~~~ NANCY L. MOOSE I, NANCY L. MOOSE, of 80 Lay Road, Newville, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making void all previous Wills and Codicils heretofore made by me. FIRST I order and direct my Executor hereinafter named to pay all of my just debts, funeral expenses and expenses involved or connected with the administration of my estate, including all taxes that may be assessed in consequence of my death, as soon after my death as is reasonably possible from the proceeds and assets of my estate prior to any other distributions. However, my Executor need not accelerate and pay those unmatured obligations which, in his, her or its opinion, it might be proper and more advantageous to retain or renew and pay as they become due and payable. If I do not own a burial plot or a grave marker at the time of my death, I authorize my Executor/Executrix, in his, her or its sole discretion, to purchase a burial plot and to erect a suitable grave marker at my grave, and to expend sums from my estate for this purpose. 200 NORTH HANOVER STREET CARLISLE, PA 17013 GRIFFIE & ASSOCIATES ATTORNEYS AT LAW Page 1 of 8 14 NORTH MAIN STREET SUITE 307 CHAMBERSBURG, PA 17201 ., SECOND I give, devise and bequeath my entire estate of whatever nature and wheresoever situate, together with all insurance proceeds thereon, to my beloved spouse, HAROLD R. MOOSE, providing that he survives me by sixty (60) days. THIRD Should my spouse, HAROLD R. MOOSE, predecease me or die on or before the sixtieth (60) day following my death, then I give, devise and bequeath my entire estate of whatsoever nature and wheresoever situate, together with all insurance proceeds thereon, to my daughter, GLORIA ANN ANDERSON, provided she survives me by sixty (60) days, per stirpes. I direct my Executor/Executrix to divide among such beneficiaries all personal property of a sentimental or family nature (excluding cash, stocks, bonds and the like), including but not limited to jewelry, household goods, antiques, furniture and memorabilia, in accordance with a separate memorandum which I may place with my Will or deposit with my attorney. In the absence of such disposition by memorandum, I direct that the said tangible personal property be divided between my residual beneficiaries with due regard for their personal preferences in as nearly equal shares as practical, with the value of such dispositions being credited to the share of each respective recipient. If the said beneficiaries do not agree to the division of the personal property provided for hereunder, the decision of my Executor/Executrix, including the decision to sell the property at public or private sale and distribute the proceeds therefrom as provided hereinafter, shall be final and conclusive on all parties. 200 N. Hanover Street Carlisle, PA 17013 GRIFFIE 8~ ASSOCIATES Attorneys At Law Page 2 of 8 38 N. Main Street Chambersburg, PA 17201 FOURTH Any devise or distribution under this Last Will and Testament which is payable to any beneficiary who may be under 18 years of age or, in the judgment of my Executor/Executrix, mentally disabled, shall be held in a separate trust by my Executor/Executrix as trustee until such beneficiary reaches 18 years of age or during such period of disability. During the term of any trust created pursuant to this Paragraph, the Trustee is authorized to expend and apply so much of the net income and principal of each such trust as the Trustee shall consider advisable for the health, maintenance, support, and education (including college education, undergraduate and graduate) of each such beneficiary until he or she attains 18 years of age, or until all such amounts are paid out of trust. I direct that no Trustee shall be required to give or post bond for the faithful performance of the Trustee's duties in this or any other jurisdiction. FIFTH I grant my Executor/Executrix the following powers in addition to and not in limitation of such powers as my Executor/Executrix shall hold by law: (a) To retain all property received including the stock of any corporate fiduciary acting hereunder, provided such property remains productive. (b) To join in any corporation, partnership, recapitalization, merger, reorganization or voting trust plan; to delegate authority with respect thereto; to deposit investments under agreements and pay assessments; and generally to exercise all rights of investors, including but not limited to, the voting of shares. 200 N. Hanover Street Carlisle, PA 17013 GRIFFIE & ASSOCIATES Attorneys At Law Page 3 of 8 38 ~ Main Street Chambersburg, PA 17201 r~ (c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate held or owned by my estate. (d) To operate any business that I may own at my death. (e) To invest any funds of my estate in any stocks, bonds, notes or other securities or property, real or personal, without regard to the principle of diversification or any other statute or general rule of law in his, her or its absolute discretion, it being my intention to give my Executor/Executrix the broadest investment powers possible, providing such investments do not unnecessarily prevent the prompt settlement of my estate. (f) To sell or otherwise dispose of any property, real or personal, tangible or intangible, at any time forming a part of my estate in any manner and on such terms and conditions as my Executor/Executrix shall see fit in his, her or its absolute discretion. (g) To borrow money for the payment of taxes or for any other proper purposes in the administration of my estate, and to mortgage or pledge estate assets as security. (h) To compromise claims without court approval including, but not limited to, any controversies with the United States of America or the Commonwealth of Pennsylvania concerning estate and inheritance taxes on any interests that may pass under this my Last Will and Testament. (i) To distribute in cash or in kind upon any division or distribution of my estate. GRIFFIE 8c ASSOCIATES Attorneys At Law 200 N. Hanover Street Page 4 of 8 38 N. Main Street Carlisle, PA 17013 Chambersburg, PA 17201 (j) To undertake any and all acts deemed necessary and proper by my Executor/Executrix for the proper, advantageous and prompt management of the settlement of my estate. (k) In general,. to exercise all powers in the management of my estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to him, her or it may seem best and to execute and deliver all instruments and to do all acts which he, she or it deems necessary or proper to carry out the purposes of this, my Last Will and Testament. SIXTH No interest of any beneficiary of my estate, either in income or in principal, shall be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have the power in any manner to charge or encumber his interest either in income or principal, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my Executor/Executrix for the liability of such beneficiary. SEVENTH I nominate, constitute and appoint my spouse, HAROLD R. MOOSE, as Executor of this my Last Will and Testament. In the event my spouse is deceased, unable or unwilling to serve or shall cease to serve for any reason whatsoever, then I nominate, constitute and appoint my daughter, GLORIA ANN ANDERSON, as Executrix of this 200 N. Hanover Street Carlisle, PA 17013 GRIFFIE & ASSOCIATES Attorneys At Law Page 5 of 8 38 N. Main Street Chambersburg, PA 17201 my Last Will and Testament. I direct that my Executor/Executrix shall not be required to give or post bond for the faithful performance of his, her or its duties in this or any other jurisdiction. EIGHTH I hereby declare it to be my expressed desire that my Executor/Executrix employ the law firm of Griffie & Associates, of Carlisle, Pennsylvania, for legal advice and assistance regarding this my last Will and Testament, they having considerable knowledge of my affairs, views and wishes respecting any matters that may arise at the probate of this instrument, the administration of my estate, and the execution of the powers herein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of eight (8) typewritten. pages, the first five (5) of which bear m si nature on the side mar in for u ose of identification, this ~~ Y g g ~ P ~ day of ~ ~ , 2002. `" C~--~`r ~ `1i~-e~~.~..~ NANCY L. MOOSE 200 N. Hanover Street Carlisle, PA 17013 GRIFFIE dE ASSOCIATES Attorneys At Law Page 6 of 8 38 N.1llain Street Chambersburg, PA 17201 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND I, NANCY L. MOOSE, the 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. rev a~ ~7~ I -e-c~- NANC L. MOOSE Sworn or affirmed and acknowledged before me by NANCY L. MOOSE the Testatrix this ~~ day of J ~ Vl~ , 2002. Notarial Seal Karisa J. Lehman, Notary Public Carlisle Boro, Cumberland Coun~ My Commission Expires Aug. 25, 2 03 200 N. Hanover Street Carlisle, PA 17013 GRIFFIE & ASSOCIATES Attorneys At Law Page 7 of 8 38 N.11Iain Street Chambersburg, PA 17201 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND ~'` WE, ~~. ~ and ~ ~ , the witnesses whose names are attached to the foregoing document, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Last Will and Testament as witnesses and that to the best of our knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed and subscribed before me by ~~~~ (, - (~ VLF and __ ~ ~ ~ ~~ . ~1~5 ~,~ ~ this ~~ day of (/~, , 2002. r N Public Notarial, aeai ~.. , ~ ~. ~,~.~.., ~. Karisa J. Lehman, Notary Public Carlisle Boro, Cumberland County w1y Commission Expires Aug. 25, 2003 .-~.________.._,_,.,.~,w,.- GRIFFIE & ASSOCIATES Attorneys At Law 200 N. Hanover Street Page 8 of 8 38 ~V.1llain Street Carlisle, PA 17013 Chambersburg, PA 17201