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HomeMy WebLinkAbout08-16-11 (2)LAST WILL A-ND TEST~A-MENT ~, ,- ~, ~ `r yy ~~ ~l _.~ r„ 4 ` O~ F ,:,.~, ./~ f~ EPIC T. STEVENS ~ r = ~~ -~~ ~ .~: --~ .. I, Eric T. Stevens of 426 Ridge Avenue, Enola, Cumberland County, Pennsylvania, 17025, being of sound and disposing mind and memory, do make, publish, and declare this to be my Last will and Testament, hereby revoking all wins and Codicils by me at any time made. ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my Estate or by any recipient of ~Y property, shall be paid by my Executor out of the property passing under this Will, which is not specifically devised or bequeathed, as an expense and cost of administration of my Estate. My Executor shall have no duty or obligation to obtain reimbwsement for any such tax paid by my Executor even though on proceeds of insurance or other property not passing under this Will. ITEM II: I hereby exercise all powers of appointment, which I may have at this time of my death in favor of my Executor, and all property subject to all such powers shall be included in my Estate. ITEM III: I direct that my bodily remains be disposed of at the discretion of my Executor. ITEM rv: I direct that all my household furniture and furnishing, automobiles, books, pictures, jewelry, china, linen, silverware, wearing apparel, and all other like articles of household or personal use or adornment pass to and become part of my residual Estate and pass as set forth under ITEM V below. ITEM V: I give, devise, and bequeath all of the rest, residue, and remainder of my property (real, personal, and mixed) to be divided equally between Michael E. Coulson, now or formerly of 84 Front Street, West Fairview, Cumberland County, Pennsylvania, 17025 and Michael S. Coulson, now or formerly of 424 Ridge Avenue, Enola, Cumberland County, Pennsylvania, 17025, provided they survives me as set forth herein. In the event that Michael E. Coulson or Michael S. Coulson does not survive me then I give, devise, and bequeath all of the rest, residue, and remainder of my property (real, personal, and mixed) to ffie remaining one. ITEM VI: In the settlement of my Estate, my Executor shall posses, among others, the following powers to be executed for the best interest of the beneficiaries: (a) To sell either at public or private sale and upon such terms and conditions as my Executor may deem advantageous to my Estate, any or all real or personal estate or interest therein, whether owned by me severally or in conjunction with other persons or acquired after my death by my Executor, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser(s), conveying a fee simple title, flee and clear of all liens or trust and without obligation or liability of the purchaser(s) to see to the application of the purchase money or to make inquiry into the validity of Page 1 of 1 .^~- : ~~; .;Y 4 -.. ~~, ~r-- , ~:r~ _.:.~ said sale(s); also, to make, execute, acknowledge, and deliver any and all deeds, assignments, options, or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor in this Paragraph VI (a) or elsewhere in my Will. (b) To pay all costs, taxes, expenses, and charges in connection with the administration of my Estate. My Executor shall pay all legal expenses of my last illness and my fimeral expenses. (c) To distribute my Estate in kind or in money. If any assets are distributed in kind, they shall be distributed at their respective value(s) on the date(s) of their distribution. (d) To retain any investments I may have at my death so long as my Executor may deem it advisable to my Estate so to do. (e) To vary investments, when deemed desirable by my Executor and to vest in such bonds, stocks, notes, money markets, real estate mortgages, or other securities or in such other property (real or personal) as he shall deem wise, without being restricbeci to so-called "legal investments." (fl To mortgage real estate and to make leases of real estate. (g) To borrow money from any party to pay the indebtedness of mine or of my Estate, expenses of administration or inheritance, legacy, estate and other taxes. (h) To vote any shares of stock which form a part of the Estate and to otherwise exercise all the powers incident to the ownership of such stock. (i) In the discretion of my Executor, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of the Estate. (j) To distribute my personal property directly to the Guar. than of the person of any minor beneficiaries hereunder. (k) The right and discretion to elect the most appropriate settlement options for any pension plans, individual retirement accounts, or other employee benefit options as deemed most appropriate by my Executor, assuming such election shall be in accordance with procedures established by the plan's administrative committee or administrator, as the case may be, if such elections have not been made prior to my death. (1) To do all other acts in judgment of my Executor necessary or desirable for the proper and advantageous management, investment, and distribution of my Estate. (m) The right to engage accountants, attorneys, appraisers, and other agents, as deemed necessary by my Executor, to render advise to and/or represent my Page 2 of 2 Executor, as my Executor deems necessary or appropriate to the administration and preservation of my Estate. ITEM VII: Any person who shall have died at the same time as Testatrix or in a common disaster with him, or under such circumstances that it is difficult or impossible to determine who died first, or who shall fail to survive Testatrix by a period of thirty (30) days, shall be deemed to have predeceased him. ITEM VIII: I nominate, constitute, and ,appoint Michael E. Coulson and Michael S. Coulson to equally share in the duties of being my Executor (herein referred to as "Executor"); In the event of death, resignation, refusal, or the inability of one of them, then the other will serve as sole Executor. My Executor is specifically relieved from the duty or obligation of filing any bond(s). ITEM IX: In all references herein to any Executor, Guardian, Beneficiary, or other, the use of any particular gender or the plural or singular number is intended to include the appropriate gender or number as the text of this my Last Will and Testament my require. IN WITNESS WI ~ OF, I have set my hand and seal to this my Last Will and T ent, consisting of this, the next, and the preceding two (2) pages this ~ day of ,2011. ~. . 11'~ Eric T. Stevens, Testatrix Page 3 of 3 SIGNED, SEALED, PUBLISHED, AND DECLARED by the above-panned Testatrix, Eric T. Stevens, as and for his Will, in the presence of us, who, at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses in attestation thereof. fitness Name `` ~ rtness e f fitness Name 71o F,a,~a~ ~e Address ~~~.~a~'~, ~°fl h l l l '~ 5 ~tio~~t~-f„-~~L.~.~-~. Address ~ X4''1, ~!~ 1~~2.2. ~ f~l~~.- Address ~-I~-~s ~c~ l7~1 ~( Page 4 of 4 ACKNOWLEDGEMENT COMMOr~~VEALTH OF PENNSYLVANIA: . . SS: COUNTY OF t,~~ : I, Eric T. Stevens, the Testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, does hereby acknowledge that I signed and executed the instrument as my LAST WII..L; and that I signed willing as my flee and voluntary act for the proposes therein expressed. Sworn to or ed and wledged before me by Eric T. Stevens, the Testatrix, this day of , 2011. \ __. ~ ~~ /~ Eric T. Stevens Notary Public My Commission Expires: ~S~) COMMO^1WEALTH OF PENNSYLVANIA Notarisi Ssal Ruthanne Korrtra, Notary Public Derry Twp., Dauphin Courhy My Commission Expinp q~_ 24, 2013 Member, Pennsylvania gasoaatlon of Notaries AFFIFAVIT COMMOrp-NEALTH OF PENNSYLVANIA: SS: COUNTY OF We, ~~h~-chi ~ and (j ~ the wi e~sses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as his Last will; that the Testatrix signed willingly and executed it as his free and voluntary act for the propose therein expressed; that each subscribing witness, in the hearing and sight of the Testatrix, signed the will as a witness; 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 constraints or undue influence. Sworn to or affirmed and subscribed before me by ~ y~,,~ , and ~ ' ~ witness this day of , 2011. wi ess cn. o n~ „_P11,aPrLi n ~ w;me~ Notary Public My Commission Expires: (Seal) COMMONWEA~TN pF PENNSYLVAAiIA Ruthanne K~ Seei ~~ , Public Member Pen Z~Z013 nsyhranle Aasodatlpn of