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Home My WebLink About08-23-11 (2)LAST WILL AND TESTAMENT ~ ~-- r^- -~. ~,.--. ~ . .~ _.._. -~~ .. . ., ~) "*~ s ...L r~ 6.I s M OF .G:~ j-~ ~ '~.: ..-~ ~; 4...,~ a•~ M1 EDWARD ANTHONY KLITSCH, .JR. ~ ~~-' ~-'-' -- .~, _~ -~ .. ~+ I, EDWARD ANTHONY KLITSCH, JR., of New Cumberland Borough, Cumberland I ~, County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, I 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 personal representative hereinafter named to pay all of my just debts, ~. v funeral expenses and expenses involved or connected with the administration of m estate as soon Y after my death as is reasonably possible. However, my personal representative need not accelerate ~':~? Na~'tl?^se unmatured oblige±inns which, in his, her or its op~~~lOn, it might be groper 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 personal representative, in his, her, or its sole discretion, to purchase a burial plot and to erect a suitable marker at my grave, and to expend sums from my estate for this purpose. _l ~_ `~' 1 --, .s .. _ . • ~,~ ,_ ..1 :~~ Page 1 of 6 Pages SECOND I give, devise, and bequeath my entire estate together with all insurance proceeds thereon of whatever nature and wheresoever situate to my beloved spouse, MARGARET H. KLITSCH, providing that she survives me by sixty (60) days. THIRD Should my spouse, MARGARET H. KLITSCH, predecease me or die on or before the sixtieth (60~') day following my death, then I give, devise and bequeath all shares of stock that I own at the time of my death, in equal shares, to LAURA MARIE KLITSCH and CAROLYN SUZANNE KLITSCH, who survive me by sixty (60) days, per stirpes. \~., ~' FOURTH :~ Should my spouse, MARGARET H. KLITSCH, predecease me or die on or before the ~' sixtieth (60th) day following my death, then I give, devise, and be ueath the rest remainder and q residue of my entire estate together with all insurance proceeds thereon of whatever nature and wheresoever situate in equal shares to my children, EDWARD ANTHONY KLITSCH, III and ANNE CAROLYN KLITSCH, who survive me by sixty (60) days, per stirpes. FIFTH If, at the time of my death, any beneficiary of this my Last Will and Testament is under the age of eighteen (18) years or is, in the judgment of my personal representative, mentally disabled, I give, devise and bequeath said beneficiary's share to my Trustee, ANNE CAROLYN KLITSCH, in Trust for said beneficiary, in accordance with the paragraphs below. If .ANNE CAROLYN Page 2 of 6 Pages KLITSCH is unwilling or unable to serve for any reason, I appoint EDWARD ANTHONY KLITSCH, III, to serve instead. SIXTH During the terms of any trust created pursuant to this Will 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 eighteen ~a (' (18) years of age, or until all such amounts are aid out of the Tru ~~ p st. When the beneficiary attains ~? the age of eighteen (18) years or is in the judgment of my Trustee mentally sound whichever event ~; occurs later, the Trust shall terminate and the remainder thereof shall be paid to said beneficiary. If said beneficiary shall die before the termination of said Trust, the Trust shall terminate and the remainder thereof shall be paid in accordance with the paragraphs above. I direct that no Trustee ~ shall be required to give or post bond for the faithful performance of the T'rustee's duties in this or t any other jurisdiction. SEVENTH My executor and trustee are authorized and empowered to exercise from time to time in his, her or its sole discretion and without prior authority from any Court, in respect of any property forming part of any trust hereby created or otherwise in its possession hereunder, all powers conferred by law upon trustees or executors and I intend that such powers be construed in the broadest possible manner. Page 3 of 6 Pages EIGHTH I nominate, constitute and appoint my daughter, ANNE CAROLYN KLITSCH, Executrix of this my Last Will and Testament. In the event ANNE CAROLYN KLITSCH is deceased, unable or unwilling to serve or shall cease to serve for any reason whatsoever, then I nominate, constitute and appoint my son, EDWARD ANTHONY KLITSCH, III, to serve instead. I direct that my personal representative shall not be required to give or post bond for the faithful performance of his, her or its duties in this or any other jurisdictic-n. NINTH I hereby declare it to be my expressed desire that my personal representative employ Kline Law Office of New Cumberland, Pennsylvania, for legal advice and assistance regarding this my Last Will and Testament, said attorneys 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 to this rriy Last Will and ,~.- r~~ Testament this % a day of _ r Witness i~ ~- itn s 2009. _~~~ / .. ~„ watc~ aN i~tiuN Y xLrrSCH, JR. Page 4 of 6 Pages ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND • I, EDWARD ANTHONY KLITSCH, JR., the Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to the 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. _.., ~;, ~ EDWARD ANTHONY KLITSCH, JR. ~ " Sworn or affirmed and acknowledged before me by EDWARD ANTHONY KLITSCH, JR., the Testator, this ~' day of ~ ,CJ~ , 2009„ ,~' -~ _1 ~ OTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHARON R. FEISTER, Notary Public NewCumberland Boro., Cumberland Co. My Commission Expires April 15, 2011 Page 5 of 6 Pages AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND ; ,r~ _~ We, 7" ~c and ,~ ,U - ~ ~. ~,ut the witnesses whose names are attached to the foregoing document, being duly qualified according to the law, do depose and say that we were present and saw testator sign and execute the instr~unent as his Last Will and Testament; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the Last Will and Testament as witnesses and that to the best of our knowledge the testator 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, ' L i ,rr~- and ~ ` ~"`~`~ ~r/,vc-- ~~,v ~ this ~ day of ~,vE' , 2009. ~ ~~~~ NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Page 6 of 6 Pages NOTARIAL SEAL SHARON R.. FEISTER, Notary Public NewCumberland Boro., Cumberland Co. My Commission Expires Aprii 15, 2011