Loading...
HomeMy WebLinkAbout08-16-11 (2)e -.:, i r~ ~ ~ ~-,! ; -- ~~3 .~ LAST WILL AND TESTAMENT ~ 7 c:~ -~» -t - I, ROBERT E. BRANDY of the Borou h of Shiremanstown C w ~~ f ~.~~ ~~~ g o~ o Cumberl~:-~ .. and Commonwealth of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void all former wills and codicils by me at anytime heretofore made. FIRST. I order and direct that all my just debts and funeral expenses be paid by my Executor or Executors, as the case may be, hereinafter named, as soon as conveniently may be done after my decease. SECOND. I give, devise and bequeath all the rest, residue and remainder of my Estate, real, personal and mixed, whatsoever and wheresoever situated, in equal shares unto my two children, namely, DAVID E. BRANDY and JACQUELINE B. MADDISON, share and share alike, absolutely and in fee simple. If either of my said children should predecease me, I order and direct that the foregoing share of my residuary estate attributable to such deceased child shall be distributed among his or her lawful issue per stirpes by representation and not per capita, subject, however, to the protective trust provisions set forth in Item Third hereinbelow as to any beneficiary who has not attained the age of twenty-three (23) years at the time of distribution hereunder. THIRD. If any beneficiary hereinabove has not attained the age of twenty-three (23) years at the, time of distribution, I order and direct that the distributive share of such person shall be paid over and delivered unto the beneficiary's surviving parent, as my testamentary Trustee, IN TRUST, NEVERTHELESS, to hold, manage, invest, accumulate income and reinvest until the beneficiary attains the age of twenty-three (23) years, at which time said trust shall be terminated and the net proceeds thereof be paid over to the beneficiary absolutely. I authorize and empower said Trustee to invest the assets of said trust in any reasonable manner ar~d not be limited the so-called "legal" or statutory investments for fiduciaries. made by said beneficiary. I further authorize and empower my said Trustee to use, consume, expend, and apply from time to time such amounts of income and principal of and from said trust which in the exercise of its sole discretion shall be determined to be reasonable and necessary for the beneficiary's education. The term "education" shall be construed and interpreted to mean college or other post-high school training which is intended to improve the beneficiary's productivity as an adult or enhance the quality of his or her life. In considering what is reasonable and necessary, my said Trustee will take into consideration the primary responsibility of the beneficiary's surviving parent to provide such education. It is my will and intention that the foregoing discretionary provision for education shall be supplementary to the parent's primary responsibility. LASTLY. I nominate, constitute and appoint RICHARD S. SIMPSON, II, CPA, to be the Executor of this, my Last Will and Testament, but if for any reason he should fail to qualify as such Executor, or cease so to serve, then and in that event, I nominate, constitute and appoint my two children, namely, DAVID E. BRANDY and JACQUELINE B. MADDISON (or either of them if one should fail to qualify or cease so to serve), to be the Executors hereof, each and all to serve without bond or other security as a condition of qualification hereunder. IN WITNESS WHEREOF, I, ROBERT E. BRANDY, have hereunto set my hand and seal to this my Last Will and Testament, which consists of two (2) typewritten pages to each of which I have affixed my signature this 2r~d day of September, Two Thousand Nine (2009). ~ (SEAL) ROBERT E. BRANDY The preceding instrument, consisting of this and one (1) other typewritten page, each identified by the signature of the Testator, was on the date thereof signed, sealed, published and declared by ROBERT E. BRANDY, the Testator therein named, as and for his Last Will and Testament, in the presence of us, who, at his request, in his presence and in the presence of each other.. have subscribed our names as witnesses hereto. ~~ COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND l SS. We, ROBERT E. BRANDY, RICHARD C. SNELBAKER and SUSAN L. MATRAZI, the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and Testament and that he had signed willingly, and that he executed it 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 a witness and that to the best of his or her knowledge, the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. Testator Witness Witness Subscribed, sworn to and acknowledged before me by :ROBERT E. BRANDY, the Testator, and subscribed and sworn to before me by RICHARD C. SNELBAKER and SUSAN L. MATRAZI, the witnesses, this 2x~d day of September, 2009. ~~~~ Notary Public COMMONWEALTH OF PENNSYLVANIA Nota~al S~,aC Sandra K Showers: Notary Public Mechanicsburg 13orr~; Cumber#aryd County My Commission E:rxpires Naor. 22, 2011