HomeMy WebLinkAbout09-12-11PETITION FOR PROBATE AND GRANT OF LETTER
S
REGISTER OF WILLS OF CUMBERLAND COUNTY", PENNSYLVANIA
Estate of GEORGE S. DAVTC r~~ ~ ~~ ~ ~~~\
File Number O~ V
also known as
Deceased Social Security Number ~' 0 9 -12 - 6 S 9 n
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' OR 'B' BELOW.)
^ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the
last Will of the Decedent dated ~ 1 / 9 / 19 9 6 named in the
and codicil(s) dated s~N E 2 3, 2 0 0 a
(State relevant circumstances, e.g., renunciation, death of executor, etcj~
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered
for probate, was not the victim of a killing, was never adjudicated incapacitated, and was not a
of death wherein grounds for divorce had been established as provided in 23 PA C.S. section 3323 to a pending divorce proceeding at the time
(g)~
^ B. Grant of Letters of Administration
(If applicable, enter: c. t. a. • d b n c t a • ende t 1 ~ • d
__ _.. -~.
• • • ., p n e rte, urante crbsentra; dur~Q~r~°ritate) ~ '
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the followin ~~ m
Administration, c. t. a. or d. b.n.c.t.a., enter date of Will in Section A nhnva ~N,t,.,,.,,~r„~~ ,:... ~~- ____ , g ~Q,-_, ~~Y) a~r1'd heirs' `(tf_
Decedent was domiciled at death in S U M B E R L A N D County, Pennsylvania, with his /her last principal residence at ~ 11 PAR K
RI eND pA ],7070 NEW IIMRF'RI eN
Gist street address, townlcrry, townshrp, county state zrp code) B 0 R 0 I t; H
Decedent, then ~ 7 years of age, died on ~ / 2 / 2 0 17 at ~ 11 PARK A V N I I ~
PA 17070
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property
(If not domiciled in PA $ - 0 0 , 0 0 0 0 ^
Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $ _ 7 ~ , 3 ^ 0 ^
Valley Road - tax parcel #],0-13-0995-011
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
Signature Typed or printed name and residence
r~ L~~.' JANET„A^~DAVIS
~l %~~ 511 PARK AVENUE
Form RW-02 rev. 10.13.06 Page 1 of 2
~ --~~~-- ~~- ~ ~: ~~ ~ f.[.L I..AJCJ:J Attach additional sheets if necessary.
Oath of Personal Representative r ., ..._ ,
COMMONWEALTH OF PENNSYLVANIA ~~~ ~,
• ~: f.
SS _ _ '';Iii'
COUNTY OF .. ~..~
The Petitioner(s) above-named swears or ~ ~ ~ ~ ~~ ~` r ~ ~ ` ~~ ° ~` ~ ' ~' ~
() affirm(s) that the statements in the foregoing Petition
the knowledge and belief of Petitioner(s) and that, as personal re r
~~~~~d correct to the best of
administer the estate according to law. P esentative(s) of the Decedent,
~~~11~~11 and truly
Sworn to or affirmed and subscribed
More me the ~ ~
r day of
~~1
or the Register
of Personal Repres- en~e
Signature of Personal Representative
Signature of Personal Representative
!~ r / / ~
File Number: / ~~
Estate of
Social Security Number: ,Deceased
AND NOW, ,/U:~ ~ Date of Death: ~ / 2 / 2 p
having been presented before me, IT IS DECREED that L~_ ~ in consideration of the foregoing Petition, satisfacto
are hereb etters ry proof
y granted to
and that the instrument(s) dated N 0 V___ E M_@E R g
199,
described in the Petition be admitted to probate and filed of
FEES
Letters
„~~ ,
Short Certificate(s) ~' C.R~
Renunciat'o (s)
.... $
.... $
.... $
.... $
.... $
....
TOTAL ............................. $
$ ~
Form RW-02 rev. 10.13.06
~t-
in the above estate
as ~ e last ill (and Codicil(s)) of Decedent.
Attorney Signature: ~ G~
Attorney Name: D AFL R
DER
Supreme Court I.D. No.:
Address:
T T
~- i 7 i
Telephone:
383
Page 2 of 2
OCAL REGISTRAR'S
CERTIFICATIOIV OF DE
WARNING: It is illegal to duplicate this copy b ho AThI
Y p tostat or photograph.
Fee for this certificate, $6.0p
P 17728240
Certification Numbe
(1- ~~ c~
This is to certify that the information here given
correctly copied from an orig
final Certificate of Dea
duly filed with me as Local Registrar. The origin
certificate will be forwarded to the State Vit Rea~rds Office for permanent filing.
--- AEG 0 X2011
Local Registrar
Date Issued
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3 REV 11/2006 --3 ~ "-~` -`)'
lMANENi ~'~ f-`t"
! PRINT IN COMMONWEALTH OF PENNSYLVANIA • ~ ---•1 ~ r, C-"~•
ACK INK DEPARTMENT OF HEALTH • VITAL RECORDS ~ ''
CERTIFICATE OF DEATH ~~ ~~
1 Name ~ De~dant (Feat, middle, ~s,, sufnx) (See instructions and examples on reverse) ~..
George $ . Da V 1 S STATE FILE NUMBER
. 5. Age (Last Birthday) Under 1 2. Sex 3. Social Security Number
under 1 da s. Data of ann a 1 e 2 0 9 . 1 2 4. Dare or Death (Month, day, Year)
8 7 ""0s OBYs Hours Minmea Madh' de r 7. Bi ace - 6 5 9 0 A u ~
Yrs.
Oct . 5, 1 9 2 3 end state or f Doan 8a. Place m Death check on orre g• 2 2 0 1 1
~• County of Death Dauphin ('Q ~ Hospital:
• &. City, Boro, Twp. of Death Other:
Cumber 1 a n d Bd• Facility Name pf not institution, give street and number ^ Inpatient ^ ER / Outpatient ^ DOA
' New Cumber 1 and 51 1 ) g. Was Decedent of Hispank Origin? ^ N sing Home Residence ^ Other • Spey
1 t. Decedents usual son Kind of Park Ave • No
work done duri (It Yes, specify Cuban, ^ Yes 10. Race: American Indian, Black. WMte, etc.
Kind of Work most of woAdn IUe. po not state Teti 12. Was
Decedent ever in Ure 13. Mexican, Puerto RMan, etc.) (Specil}~
Rea 1 t o r e a 1,Gnd o1 Baal /Industry U.S. A forces? ^t~s Educatlon (Specity Doty highest grade
1 e spa t e E ~~gqfay ~ SeC~ry (a12) ~I ~~ad) 14. ~ dtel Status; Married, Never Marred, 15. Survivin S whit e
• 16. Decedents Maikng Address (Street, dry l town, state, zip code Yes ^ No ~L lege (1.4 or 5+) xknved, Divorced (S 9 Douse (If wife,
51 1 ) married P~'1 9ive maiden name)
Park Ave. Deoedenra Janet
• New Cumberland AckralReatder~e 17a.sr~e Pennsylvania DldDecadent Allen
i6. Father's Name (Flrst, middle, last, suffix) PA 1 7 0 7 0 17b. County Cumber 1 and Live in a 17c. Yes,
Township? ~ Decedent Lived in
17d. No, Decedent Lived within Twp.
Elmer Davis 1g.Mother'e AdualLimnsof New Cumberland
20e. Infomterd's Name (Type /Print) Nertre (Flret, middle, makbn surname) Ciry / Boro
Esther Weitzel
Janet Davis lob. Inrom,ente Maki,„ ,~~ (
7 21a. Method of Disposition 51 1
•~ r Par Ave dA' /town, stela, zip coda)
~Budel ^ Removal from stela ; Waa~Cremation ^Donation 21b.D~teaa ,New Cumberland, PA 1 7070
Otl1er - ; r shoo or Donation Authorized ~IUort (Month, day, year) 21c, Plep of Di
~ ~~ Exemir~y Cororbr7 ^ No Aug ' S / 2 0 1 1 sDosltion (Name of cemetery, crematory or other place)
a F~ Licenses (or person aLbng as wry) ^ Yes R o 11 i n 21 d. Locatlon (City /town, state, zip code)
.~ 22b LkreneBN J Green Cemetery Cam
2zc. Name and Address of Facility P H i 11, PA 1 7 01 1
~_~ C«rolet. items 23ec only, when certitying 23a. To D- 01 3 6 3- L M ll S S e l m a n
-~ phYsiaan re not avarlabie at Ume m death to mY knrnvkidge, death at fine F H & C S , 3 2 4 H u mm e 1 Ave
roA' paae a death. Dip stated. (signature and title) ,Lemoyne , PA 1 7 0 4 3
B~ 23b. License Number
Uenrs 2426 must be completed by Person 24. Time of Death (J ,4r' 23c. Date Si n
' who pronouraes death. ' ~ 25. Dead Y, Ypr) 'v ~ 9 (Month, day, year)
/o ,?S (Month, da .ZS ~y/~ -L
M. ~D// 26. Was Case Referred to Medk:al Examiner / Co
Uem 27. Part I: Enter the CAUSE OF DEATH (See Inatructbna a tuner for a Reason OUr an Cremation or D
f~91B-4f-BY90~ -diseases, injwies, or compgca}lorts -that dl xMnPle~s) ^ Yes ^ No anation?
respiratory street, or ventricular fibrNlation wiUqul g ~' ~~ the des N07 enter terminal e r Approximate interval: Part II: Enter other
MIMEDUTE CAUSE (Final dsease or .~ Ure eti . List Doty oneceuse on gne. yenta such as prdac anest, r
corxitian resultlng in Ut - ~k~~" / r Onset to Death but not resufhng in u i~~ 26. Did Tobacco Use Contribute to Death?
) /~~-i r ty 9 cause given in Part I. ^ Y
-~ e. r ^ Probably
Due to (or as e r No
py lLst conditions, if arty, ~ns•Quence oft: r ^ Unknown
to me pose psted on kne a. b r ~-•--- 29. If emale:
Enter UNDERLYING CAUSE Due to (or as a consequence ot): ~
(dlssate or xyury Ural Initiated the r ^ Not pregnant within past year
events resultlrg m death) LAST. ~ ~
r ~----~ ^ Pregnant at time of death
Due to (or as a consequence of): r -'----------.
r ^ Not pregnant, but pregnant wdhin 42 days
r of death
30a. Was an A r -_
Pedortr~Y 30b. Were Autopsy Findfrgs 31. Manner of Death ~ ^ Not pregnant, but pregnant 43 days to 1 year
Available Prtor to C ~ ----'~ before death
ornpletion r~,. 32a. Date of Injury (Month, daY, Yearl 32b. Describe How In u ~-
of Cause of Death? turel ^ Homicide 1 ry Occurred ^ Unknown if r nant within the
P ~ past year
Yes ~ ^ y~5 ^ No ^ Accident 32c. Place of Injury: Home, Farm, Sheet, Factory,
^ Pending Investigation 32d. Time of Injury 32e. I ' Office Building, etc.
ryury at work? 32f. If 7renaportetkm Injury / (SpedN1
Solaria ^ Coukl Not be Determined NI 32g. Lccation of in)ury (Street, city /Sown, state)
~. Certfrrer (check Doty one) M. ^ Yes ^ No ^ Driver/Operetor ^ Passe r
^ Other - S ^9e ^ Pedestrian
' ~~n9 Physician (Plrysiaan p ' Perti/y:
To Ure best of my ~~ pose of death when another physician has Pronounced death and completed Item 23)
knowledge, death occurred due to the cease(s) end manner as stated _ _ _ _ 33b. Signature and Title of CertHler
• Pronouncktg and cerUlying DhYsk:lan (Physician both - - - - - - - - ta/ ~
To tM best of my knOM'Ib9e~ dwth occurred sf the time, ~ dpth ~d certifying to pose of deaUl) - - - - - - - - - - p
' IkdkM Examiner / Cororbr ~•~ and place, and due to the cause(s) and manner sa stated- _ _ - - - - - - - - - - - 33c. License Number ~
On the bssh of examinetlon and ! or Inwedgetbn, in m - - - - - - - - - - - - - - - ^ 33d. Date Sig (Mo h, da
y opinion, death accurrod et the time, date, end ~ p ` ~ ~ /,,. Y, year)
5. Registrar's ~ District ~ place, end due to the cease(s) end manner ee street!_ ^ `v o
~~ Name and Address of Person Who Com eted Cause of Death (Item 27) \ 1
38, to R Mon da YPe /Print
l Q21 / ~ d ~ ~ ~ ~ I ~ ~.~~a1 o i)~ C ~•..,,,e.a. , 2 : tl~- ~ s >r.c ~-s
~ - \czh ~ .B , Cam.. ~ p i`
Disposition PermR No. L.j ~i I V ~ 7~ ~O"1 V SL
SHC~shc~davisgeo.Wil
November 7, ,7996
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LAST SPILL AND TESTAME ~' `~' r'.;' -;-~, ~'.x
~~ ~ r ''
~ ~''"
-_
1 ~ ~ -
GEORGE S . DAVIB -~~ ~~ ' -
_. -,'~
_ ~ `-'' Q
I, GEORGE 8. DAVIB ~ ~'
of New Cumberland, Cumberland Count
Commonwealth of Pennsylvania, which I y~
declare to be my domicile, do
hereby make, publish, and declare
this to be my LAST WILL AND
TESTAMENT, hereby revoking all Wills
heretofore made b and Codicils at any time
y me.
FIRST: IDENTIFICATION OF FAMILY. I d
eclare that I am married
to JANET A. DAVIB and that there
are four(4) children of this
marriage whose names are: JEANETTE D
• MOUL, AIIDREY D. WENNER,
B~BARA D• MU88ELMAN and NANCY D.
m ~~ AMBROSE• As used in this Will,
the terms " y spouse or "my wife" s
hall mean only JANET A. DAVIB,
As used in this Will, the term "m
y children" refers to all my
natural children. As used in this Will
the term "issue" refers to
all lineal descendants of the indicate
with the relati d person of all generations,
onship of parent and child at each
determined b generation
y the definition of "children" set
forth in this
paragraph.
SECOND: PAyM~ OF BURIAL EXPENSES
ANl DEETS. I authorize my
executor to pay all the expenses of
(1) a funeral or memorial
service; (2) the interment of my rema'
ins, including costs of a
gravesite, if necessary; and ( 3 ) the ins
tallation and inscription
of a suitable marker at, and perpetual
care of, the gravesite. I
SHC~shc~davisgeo.ail
November 7, 1996
,~
further direct my executor to pa al
Y 1 of my lawful debts that my
executor in his or her sole discretion ma
y allow as claims against
my estate.
THIRDS DISPOBI ION OF TANGIBLE PER8O
of the tangible a ~TAL lROPERTY' I give all
p rsonal property (except cash on hand
but not limited to ), including,
personal effects, automobiles, furniture
furnishings, household '
goods, clothing, and jewelry owned b
the time of my death Y me at
and not otherwise disposed of herein
Wife, or if she shall fail to survi ~ to my
ve me, and any child of mine
survives me, I direct my executor to di '
vide my tangible personal
property into two parts. The first art
p shall contain all items
that my executor determines, after cons
ulting with my children, to
be of no present or future value or us
e to my children. The second
part shall contain the balance of the
property. My executor shall
dispose of the first part by sale
abandonment, destruction, or
gift to any charity or person. The
proceeds of any sale shall be
added to my residuary estate. All r
p operty in the second part I
give to my children, in substantiall
Y equal shares, to be divided
among them as they shall agree. If no
appointment is reached
within sixty (60) days after my deat
h, all property in the second
part shall be divided among all of my chil
dren in such manner as my
executor shall direct. The decision of
conclusive and bindin on my executor shall be
g all persons interested in my estate.
2
SHC~shc~davisgeo.wil
November 7, 1996
I direct that any expenses inc
urred in obtaining possession,
appraising, safeguarding, deliverin
g, or selling such property be
paid from my estate as an administra
tion expense.
FOURTH: DISPOSITION OF RESIDUARY Eg
T~iTE
A• D~sLosition to Stiouse. All of t
remainder of the he rest, residue and
property that I own at the time of m de
real and Y ath, both
personal, and of every kind and descr' '
situated, to which I ma be iption, wherever
Y legally or equitably entitled at
time of my death (my "residuar ~~ the
y estate ), I give outright and
absolutely to my spouse, if she sure'
Ives me.
B• Possible Disclaimer Trusts. If
me but validl my spouse survives
y disclaims a portion or all of the r
to which she is entitled under esiduary estate
this Article, I give such disclaimed
portion of my estate, in trust to th
e trustee named in Article
"FIFTEENTH" below, to take possessi
on, control, and management of
the disclaimed property, to invest an
d reinvest it, to collect and
receive any income and, after deductin
g all proper eXpenses of the
trust and to dispose of the net
income and the principal as
f o 11 ows :
1• Unified Credit Trust. For this
Trust Unified Credit
. I give to my trustee the largest amo
of federal estate tax b unt that can pass free
y reason of the unified credit, the sta
death tax credit and any other estat to
e tax credits allowed by the
Internal Revenue Code; provided, howev
er, that (1) the state death
3
SHC~shc~davisgeo.wi(
November 7, 1996
tax credit shall be taken into accoun
t only to the extent that it
does not result in an increase in st
ate death taxes which would
otherwise be payable; (2) the sum dis os
p ed of by this Article shall
be reduced by the value of propert wh'
Y ich passes outside the terms
of this Will or which passes under othe
r Articles of this Will and
which does not qualify for the estat
e tax charitable or marital
deductions; and (3) the sum dis osed
p of by this Article shall be
reduced by charges against the princi al
qualify as feder p °f mY estate which do not
al estate tax deductions. In m
computations necessar aking the
y to determine the amount of this
bequest, valuations and credit amoun pecuniary
is as finally determined for
federal estate tax purposes shall con
trol. I direct my trustee to
hold, administer and distribute the
trust as follows:
a • During the lifetime of my s ouse
trustee shall a p ~ mY
p y to or for the benefit of my spouse
in quarterly
or more frequent installments, all of the
net income of the trust.
b • During the lifetime of m s
trustee Y pouse, my
in its sole and absolute discretio
for the benefit of m n' maY also pay to or
Y spouse such portions of the princi al o
trust as m p f the
y trustee deems advisable to liberall
spouses health, su Y provide for my
pport and maintenance after taking into
her other resources, account
c• During the lifetime of my spouse
trustee, in its sole and absolute dis ~ my
cretion, may also pay to or
4
SHC\shc\davisgeo.wil
November 7, 1996
apply for the benefit of any child or
children of mine such
portions of the principal of the trus
advisable to liber t as my trustee deems
ally provide for such child or children
support, maintenance and educatio s health,
n (including higher and special
education); provided, however, that no
such principal invasion
sha 11 be made for the benefit of an
y child or children of mine
until my spouses health, support and ma'
intenance shall first have
been adequately provided for.
d• My Wife is authorized,, at an ti
from time to time Y me and
upon written notice delivered to my truste
withdraw from trust e, to
principal an amount or amounts not to
in the a exceed,
ggregate, five thousand dollars ($5,000.00
five percent ( 5$ ) of the ri ) per Year or
p nclpal market value of the trust per
year, whichever is greater, as determined
on the last day of the
calendar year during which such withdraw
al is made. The right of
withdrawal shall be non-cumulative.
e • Upon the death of my Wife, the t
remaining trust income and ~ hen
principal shall be distributed in equal
shares to my children who survive me p
ROVIDED THAT, if any of my
children shall predecease me leavin iss
g ue, then I leave the share
of that deceased child to his or her i
ssue, per stripes. In the
event that any child of mine shall predeceas
e me leaving no issue,
then that deceased child's share of m
y estate shall be equally
divided among my then living children.
In the event that any issue
5
SHC~shc~davisgeo.Wi(
November 7, 1996
of a predeceased child of mine(my " ran ~~
g dchild or "grandchildren")
shall be under the age of twenty-five
(2 5 ) years at the time of
distribution to him or her, my trust
ee shall hold the equal share
for each grandchild, to be administere
in Article "S ,~ d and distributed as provided
IXTH of this Will.
FIFTH: DISPOSITION ~PHEN SPOUSE NOT L
IrING • If my Wife does
not survive me, I leave all of the rest
residue, and remainder of
the property that I own at the time
of my death, both real and
personal, and of every kind and descri
ption, wherever situate,
which I may be legally or equitabl
Y entitled at the time of my
death (my "residuary estate") to m
y children in equal shares,
PROVIDED THAT, if any of my children
shall predecease me leaving
issue who survive me, then I leave
the share of that deceased child
to his or her issue, who survives m
e, Per stirpeS; and PROVIDED
FURTHER THAT, if all of my children
shall predecease me or none
leave issue who survive me, then I le
ave the remainder of my estate
my heirs as if I had died intestate
Pennsylvania, under the laws of
In the event that any issue of a
predeceased child of mine (my
"grandchild" or "grandchildren") shal
1 be under the age of twenty-
five years (25) at the time of dis '
trlbution to him or her, my
trustee shall hold the equal share of
each grandchild then living,
in separate trusts for the benefi
t of each grandchild, to be
6
SHC~shc~davisgeo.wil
November 7, 1996
administered and distributed as provid
ed in Article "SIXTH", of
this Will.
81 SEPARATE TRIIBT FOR G
RANDCHILDREN. With respect to any
amount received in trust on behalf of a chi
" ld of a deceased child
of mine under Article FOURTH" or Art' ~~
icle FIFTH," my trustee
shall hold the amount received in a
separate trust, and shall
administer and distribute that grandchil
des share in the following
manner:
1• Until that grandchild reaches
twenty-five 25 the age of
~ ), my trustee shall pay to or a
of that pplY for the benefit
grandchild so much of the net income of
trustee shall deem necess the trust as my
ary or advisable to provide for that
grandchild~s support, maintenance, health
and education
higher or special education (including
)• My trustee shall accumulate an
income not so distributed and sha Y
11 add the same to principal
annually.
2• After that grandchild reaches the a
one 21 ge of twenty-
( ) and until that grandchild reaches
the age of twenty-five
(25), my trustee shall pay to or a
pply for the benefit of that
grandchild all of the net income of the tr
ust in quarterly or more
frequent installments.
3• I authorize my trustee to pay or a
of the trust, at an pp1Y principal
y time, to or for the benefit of t
grandchild, even to the hat
point of exhausting trust principal, in
such amounts as my trustee, in its abs
olute discretion, deems
7
SHC\shc\davisgeo.wil
November 7, 1996
necessary or advisable to provide for the su
health and education i pport, maintenance,
( ncluding higher and special education °
that grandchild. For example, but ) f
not by way of limitation, my
trustee may pay or apply trust princi al i
p ~ n my trustee's absolute
discretion, for expenses customaril
y related to obtaining an
education at any academic level, for wedd'
ing expenses for that
grandchild, to assist that grandchild in
purchasing a primary
residence, to assist that grandchild in u
p rchasing a business, or
to assist that grandchild in enterin a t
g rade or profession. In
determining the amount of principal to b
e disbursed, my trustee
shall take into consideration any other reso
urces available to that
grandchild.
5• When that grandchild reaches a e twe
g my-five
(25), the trust shall terminate and m tru
Y stee shall distribute to
that grandchild all of the trust assets re
maining on hand.
6• If that grandchild dies before reachin
twenty-five 25 g age of
( ), the trust shall terminate and such s
distributed to his or her hate shall be
personal representative.
S~ENTMs TRIISTEE'8 JUDGMENT FINAL. The
trustee as to the amo 7 udgnlent of the
unt of payments or applications of princi
or income pal
pursuant to any trust under this Will shall be
conclusive on all persons intere final and
steel, or who may become interest,
in the trust estate. On making an a
Y p Yments or applications of
principal, the trustee shall be fully relea
sed and discharged from
all further liability or accountabilit
Y•
8
SHC~shc~davisgeo.wil
November 7, '996
EIGHTH: SPENDTHRIFT PROVISION. No benefic'
iary of a trust
under this Will shall have any right or
power to sell, assign,
convey, mortgage, pledge, anticipate, hypothecat
dispose of any right, title e• or otherwise
or interest that the beneficiary may
acquire in the income or principal of the tru
st estate until the
income or principal has actually been aid
p over to the beneficiary
by the trustee. Nor shall the income or
principal of the trust
estate, or any part of it, or any interest of a
ny beneficiary under
this Will be liable for, or to any extent su
bject to, any debts of
any kind or nature incurred or contracted b
y any beneficiary,
either before or after my death. An
y right granted to a
beneficiary to receive or withdraw assets
of the trust estate,
either principal or income, for the bene •
flclary s own use and
benefit shall not be available for the sati
sfaction of any claims
of the creditors of the beneficiary. An
y right of receipt or
withdrawal shall be suspended and ma no
y t be exercised by any
beneficiary on the filing of a proceedln
' g in bankruptcy in which
the beneficiary is debtor. The sus ensi
p on shall be continued
during bankruptcy proceedings and shall be
restored only after the
entry of a final order of discharge of the be
neficiary as debtor.
NINTH: RULE AGAINST PERPETUITIES. Notwithstan
this Will to the coast ding anything in
rary, I direct that no trust created hereunder
shall continue for a period longer than e
p rmissible under my
domiciliary state's Rule Against Per etui '
p ties, and upon the
expiration of such period, each such trust sha
11 terminate and the
9
SHC~shc~davisgeo.wil
November T, 1996
assets thereof shall be distributed outright to t
hose persons then
in being who would be entitled to receive t
he trust principal from
that trust at the time of the termination s
pecified.
Tom: P01PER8 OF ADIKINI8TRATION. I confer u o
p n my executors
and upon any trustee serving under this Will all
powers granted to
f iduciaries under the laws of the Commonw
ealth of Pennsylvania,
whether my estate is administered in t
he Commonwealth of
Pennsylvania or elsewhere.
In addition to the powers granted by law
I authorize my
executors or other legal representatives of m
y estate and any
trustee serving under this Will:
A• To accept additions to my estate or to
under my Will from any source, anY trust
B• To acquire the remaining undivided
interest in
property of my estate or trust in which my executo
r or trustee, in
fiduciary capacity, holds an undivided inte
rest»
C• To invest and reinvest the assets of m
any trusts created under this Y estate or
Will in securities or in real or
personal property, whether within or outside of Pen
nsylvania or the
United States, without the need for diversi
flcation as to kind or
amount and without being limited to investments
authorized by law
for fiduciaries. More specifically, but not
by way of limitation,
I authorize and empower such executors or trus
tee to:
10
SHC~shc~davisgeo.wil
November 7, 1996
1• Invest in discretionary common trust
mutual funds, investment trusts funds,
unsecured obligations, stocks,
bonds, and real estate.
2• Retain as long as such executors or
deem trustee
proper any real or personal property or an s
notes or other securities Y tocks, bonds,
(including securities issued by m
corporate fiduciar Y
Y) which I own at my death or which
subsequently acquired, are
D• To effect and keep in force :fire
rent, title,
liability, casualty or other insurance t
o protect the property of
the estate or trust and to protect the fid '
uciary.
E• With respect to any property, real or
any estate therein owned b personal, or
Y my estate or trust, except where such
property or any estate therein is specificall
y disposed of:
1• To take possession of, collect the re
and manage the same, nts from
2• To sell the same at public or private s
upon such terms and condition ale, and
s, including credit, as to my
fiduciary shall seem advisable.
3• To lease, mortgage, partition, or subd' '
same, even where the terms of suc wide the
h lease or mortgage shall extend
beyond the administration of my estate or
the term of any trust.
4• To abandon property which does not
sufficient economic value, in m have
y executors or my trustee's
judgment, to make it worth protecting.
11
SHC\shc~davisgeo.wil
November 7, 1996
5• To repair or improve the same.
6• To grant options for the sale of same for a
period not exceeding six (6) months.
F'. With respect to any mortgage held by the esta
to or
trust, to continue the same upon and after ma
turity, with or
without renewal extension, upon such terms as t
he fiduciary deems
advisable, or to foreclose, as an incident to co
llection of any
bond or note, any mortgage securing such bond
or note, and to
purchase the mortgaged property or acquire the ro
p petty by deed
from the mortgagor in lieu of foreclosure.
G• To employ any bank or trust company incor orat
p ed in
the state of my domicile, any national bank locate
d in the state of
my domicile or any private banker duly authorized
to engage in
business in the state of my domicile as custodian
of any stock or
other securities held as fiduciary, and the cost t
hereof, except in
the case of a corporate fiduciary, shall be a
charge upon the
estate or trust.
H• To cause any stock or other securities
to be
registered and held in the name of a nominee.
I. In the case of the survivor of two or
more
fiduciaries, to continue to administer the ro e
p p rty of the estate
or trust without the appointment of a successor fid '
uclary.
J• As substitute or successor fiduciary, to succeed
to
all of the powers, duties and discretion of the on '
ginal fiduciary,
12
SHC~shc~davisgeo.wil
November 7, 1996
with respect to the estate or trust, as were iven
g to the original
fiduciary.
K• To contest, compromise or otherwise settle an cl
y aim
in favor of the estate, trust or fiduciary or in
favor of third
persons and against the estate, trust or fiduciary, or to
submit
the same to arbitration, without judicial approval.
L• With respect to any shares of stock or of
her
securities owned by my executors or by any trustee:
1• To vote or refrain from voting, in person or b
proxy, discretionary or otherwise suc y
h shares of stock or other
securities.
2• To pay calls, assessments and any other sums
chargeable or accruing against or on account of sh
ayes of stock,
bonds, debentures or other corporate securities
whenever such
payments may be legally enforceable against the fiducia
ry or any
property of the estate or trust or the fiduciar deems
y payment
expedient and for the best interests of the estate or
trust.
3• To sell or exercise stock subscription or
conversion rights, participate in foreclosures, reor a
g nizations,
consolidations, mergers, or liquidations and to c
onsent to
corporate sales, leases and encumbrances.
M• To execute and deliver agreements, assi nme
g nts,
bills of sale, contracts, deeds, notes, recei is
p and any other
instruments necessary or appropriate for the admini
stration of the
estate or trust.
13
SHC\shc\davisgeo.wil
November 7, 1996
N. In the case of a trustee, to hold the property of
two or more trusts or parts of such trusts created b the
Y same
instrument as an undivided whole without separation as bet
weep such
trusts or parts, provided that such separate trusts or arts
p shall
have undivided interests and provided further that no such
holding
shall defer the vesting of any estate in possession or othe
rwise.
~• To make distribution in cash, in kind valued at fair
market value of the property at the date of distribution or
partly
in each, without being required to make pro rata distri '
buttons of
such property.
P. To pay all reasonable and proper expenses of
administration from the property of the estate or trust i
ncluding
any reasonable counsel fees which the fiduciary may incur.
Q• To employ and remunerate agents to perform necessar
Y
services for the estate or for any trust created thereunde
r such
as, but not limited to, accountants, attorneys, investm
ent
advisors, actuaries, appraisers and custodians.
R • To borrow in the name of my estate or trusts from
themselves or others and secure such loans by ;wort a e
g g note, or
pledge, at prevailing rates of interest.
S• With regard to any business enterprise which I ma
Y
own or possess an interest in at the time of my death, whether
incorporated, unincorporated, or operated as a sole ro r'
p p ietorship
or partnership:
14
SHC\shc\davisgeo.wil
November 7, 1.996
1• To retain all or any portion of the business
and continue to operate the same for so long as my executors or
trustee shall deem advisable;
2• To sell all or any portion of the business, at
such time and on such terms and conditions (including credit as
),
my executors and trustee shall deem advisable. My executors and
trustee may sell the business to any person, includin a ers
g p on
interested in my estate or a fiduciary serving hereunder.
3• To control, direct or manage the business; vote
any corporate shares; select, hire and compensate, or dischar e
g
employees, directors and officers of the business; serve on the
board of directors of the business; retain and compensate ex
perts
to advise my executors or trustee concerning the mana ement
g or
disposition of the business;
4• To recapitalize or reorganize the business;
invest additional sums of money in the business;
5• To participate in or consent to any merger,
consolidation, reorganization, dissolution or liquidation of th
e
business;
6• To account for the business as an entity
separate from my estate or trust. In this regard, my executors or
trustee shall be authorized to retain earnings in the busines '
s in
conformity with sound business practice.
7• I exonerate my executors and my trustee from
liability for any loss resulting from the retention and
/or
15
SHC\shc\davisgeo.Wil
November 7, 1996
operation of any business enterprise unless such loss shall result
from the executor's or trustee's gross negligence or wil
lful
misconduct.
T. To claim administrative expenses of my estate either
as income tax deductions or as estate tax deductions in
my
executor's sole discretion, without regard to whether such ex enses
P
are payable from income or principal, and without the necessit of
Y
making adjustments or reimbursements between principal and i
ncome
or among the property interests of the various beneficiaries of m
Y
estate. I exonerate my executors from any liability arisin fr
g om
the claim of a beneficiary of my estate whose entitlement unde
r the
terms of my Will has been diminished by my executors' elect'
ions.
U. To execute, file and deliver proofs of claim or
receipts required to collect all policies of life insurance o
n my
life which name my estate or any trust created here
under as
beneficiary; elect any optional modes of settlement availabl
e under
such policies; receive, administer and distribute the roceeds
p of
such policies in accordance with the dispositive provisions of t
his
Will. The receipt of my executor or my trustee shall co
nstitute
full acquittance to any insurance company for policy proceeds
paid.
V. To terminate and distribute outright to the income
beneficiaries thereof the assets of any trust which, in the o
pinion
of my trustee, has become so small that it is uneconomic and not
in
the best interests of the trust beneficiary or beneficiari
es to
continue.
16
SHC\shc\davisgeo.wil
November 7, 1996
W. To allocate, in their sole and absolute discretion,
any amount of the exemption from generation skipping taxes allowed
under Internal Revenue Code, Section 2631(a), to property of which
I am the transferor, including property transferred during my
lifetime to which no allocation has previously been made, without
the necessity of making adjustment or reimbursement to any person
or trust as a result of such allocation.
X. To combine trusts having substantially identical
terms and with the same beneficiary or beneficiaries, whether
created under the terms of my Will or my spouse's, to be
administered and distributed as a single trust..
Y. To join with my surviving spouse or the executor of
my Will in the execution and filing of:
1. A joint income tax return for any period prior
to my death for which I have not filed a return and to agree as to
the apportionment of any joint tax liability.
2. A gift tax return on gifts made by my surviving
spouse and to consent to treat such gifts as being made one-half
(z) by me, for any period prior to my death.
ELEVENTH: DISTRIBUTION TO MINORS. If any of my Estate
principal or income shall vest in absolute ownership in a minor,
except as otherwise provided for in this Will, my executor shall
have the authority, in my executor's discretion, and without court
authorization, to:
17
SHC~shc~davisgeo.wil
November 7, 1Q96
A. Hold and manage the property and defer payment or
distribution of all or a part of the property to that minor until
that minor reaches the age of eighteen (18) years. My executor, in
administering this property, shall have all of the authorit
Y
granted to fiduciaries under Pennsylvania law, and under the
provisions of the previous Article of this Will.
B. Distribute part or all of the minor's property to a
custodian for the minor under the Uniform Gifts To Minors Act or
the Uniform Transfers To Minors Act of the jurisdiction where the
minor resides.
C. Select a custodian for the minor under the Uniform
Gifts To Minors Act or under the Uniform Transfers To Minors Act of
the jurisdiction where the minor resides without court order. M
Y
executor may select any fiduciary named in this Will as such
custodian without conflict of interest.
D. Distribute or pay part or all of the minor's
property to the minor's legal guardian, to the adult person or
persons with whom the minor resides, to the minor personally, to
the trustee of any trust created for the sole benefit of the minor
or to the administrator or executor of the minor's estate.
E• Apply part or all of the minor's property for the
minor's health, education, maintenance, support or welfare. M
Y
executor shall be entitled to be paid at the same rate as
testamentary trustees under the state law of my domicile for the
holding and managing of property pursuant to this Article of m
Y
18
SHC\shc\davisgeo.ail
November 7, 1996
Will. My executor shall account in the same manner as trustees an
d
shall not be required to render or file annual accountin s with
g
respect to the properties so held and administered for the minor.
Nothing contained in this Article shall operate to suspend the
absolute vesting of the share of any minor beneficiar of m
Y y
estate.
TWELFTIi: PAYMENT OF DEATH TAXES. My estate, inheritance
succession, transfer or other death taxes shall be paid as follows:
A• If my Wife shall survive me, I direct that all
estate, inheritance, succession, transfer or other death taxes
assessed by any taxing authority, whether foreign or domestic, in
respect of all property taxable by reason of my death or by reason
of the inclusion of such property in my gross estate for estate tax
purposes, be paid, without apportionment, out of my residuar
Y
estate established under paragraph A of Article "FOURTH" of this
Will.
B. However, if my Wife shall survive me, and validly
disclaims a portion or all of my estate, I direct that all esta
te,
inheritance, succession, transfer or other death taxes assesse
d by
any taxing authority, whether foreign or domestic, in respect of
all property taxable by reason of my death or by reason of the
inclusion of such property in my gross estate for estate
tax
purposes, be paid, without apportionment, first from that part of
my estate which passes under paragraph B of Article "FOURTH" of
this Will.
19
SHC\shc\davisgeo.wil
November 7, 1996
C. If my Wife shall not survive me, I direct that all
such taxes shall be paid from my residuary estate without
apportionment.
D. However, the aforesaid notwithstanding, if, at the
time of my death, I am the beneficiary of a qualified terminable
interest property (QTIP) trust, and the principal of that trust is
includible in my gross estate for tax purposes, it is my direction,
pursuant to the provisions of Internal Revenue Code, Section 2207A,
that my executor or the trustee of such trust withhold from the
shares of the remaindermen of such trust an amount by which the
estate tax in my estate exceeds the amount of the estate tax which
would have been payable had the trust property not been included in
my estate for tax purposes.
THIRTEENTH: PRESUMPTION IN CASE OF SIMULTANEOUS DEATH. For
the purpose of this Will, in determining whether a person has
survived me or another person, (1) my spouse shall be deemed to
have survived me (subject to the following paragraph unless it
unmistakably appears by proof that she predeceased me; and (2) in
all other cases, a person shall not be deemed to have survived me
or another person if he or she dies within thirty days of my death
or of the death of the other person.
If my spouse does not actually survive me but is deemed to
survive me under the preceding paragraph, and if the property
passing to my spouse under Article "FOURTH" shall result in any
federal estate tax liability in my spouse's estate, then Article
20
SHC\shc\davisgeo.wil
November 7, 1996
"FOURTH" shall be interpreted as if my spouse had disclaimed the
smaller of the following amounts: (1) the largest amount, if any,
of my residuary estate that would result in no federal estate
liability tax in either of our estates; or (2) the largest amount,
if any, needed to equalize the federal estate tax liability in each
of our estates .
FOURTEENTH: APPOINTMENT OF EXECUTOR. I nominate and appoint
my spouse, JANET A. DAVIB, executor of this, my Will. If my spouse
shall fail to survive me, shall decline to act, or having qualified
shall, for any reason thereafter, cease to act, I nominate and
appoint JEANETTE D. MOUL as successor executor in her place.
FIFTEENTH: APPOINTMENT OF TRUSTEES. I nominate and appoint my
spouse, JANET A. DAVIB and FARMERS TRUST COMPANY, Carlisle,
Pennsylvania, as the initial co-trustees of. any trusts created
under this Will. If my spouse shall not serve as co-trustee for
any reason or shall cease to serve as co-trustee for any reason,
she shall not be replaced. If my corporate ca-trustee named above
shall not serve as co-trustee for any reason, or shall cease to
serve as co-trustee for any reason after having been so appointed,
then its successor shall be In regard
to the above nomination of co-trustees, the fallowing shall apply:
A. A co-trustee may at any time or from time to time by
instrument in writing executed by the co-trustee and delivered to
the other co-trustee, delegate to the other co-trustee all of the
powers conferred on or otherwise vested in the co-trustees jointly.
21
SNC\shc\davisgeo.wil
November 7, 1996
The written instrument evidencing an exercise of this right of
delegation shall contain a statement as to the period of time
during which the delegation shall be effective. On the expiration
of the delegation period, the co-trustee shall be restored to their
original position in the administration of the trust estate. A co-
trustee executing a delegation of powers as described shall incur
no liability or responsibility whatsoever far any loss or other
consequence to the trust estate that may result from any action or
inaction of the co-trustee during the period that the delegation of
authority is in effect.
B. My individual co-trustee shall have the absolute and
unrestricted right to remove my corporate co-trustee at any time
she or he shall determine and name another co-trustee, provided
that in the case of such removal, the successor trustee appointed
by the individual co-trustee shall be someone other than a related
or subordinate party of the individual co-trustee or beneficiaries
of the trusts. Related and subordinate party shall be defined as
set forth in Internal Revenue Code §672(c).
C. Any co-trustee may resign from the position of
trustee by executing a written resignation and delivering it to the
other co-trustee, and the successor co-trustee. The date of
delivery of the resignation shall be the effective date of the
resignation. No court action or other proceeding shall be
necessary for the resignation of a co-trustee.
22
SHC\shc\davisgeo.wil
November 7, 1996
D. A person shall be disqualified from acting as a
trustee (1) if found by a court of competent jurisdiction to be
incapacitated; or (2) if, on receipt of a written request from an
adult beneficiary or a co-trustee or successor co-trustee of the
trust for a written certification from a qualified physician that
upon examination the physician finds the person mentally or
physically capable of properly handling his or her business
affairs, the person does not obtain a written certification within
thirty days after receipt of the request.
E. Every title, estate, right, authority and discretion
vested in or conferred on any initial co-trustee under this W i 1 1
shall likewise become and be vested in and may be exercised by any
successor trustee.
F. No co-trustee who is a beneficiary hereunder shall
ever participate in (1) the exercise of, or decision not to
exercise, any discretion to pay income or principal to or to apply
income or principal for the benefit of, any beneficiary (including
discretion to allocate funds among a group of beneficiaries and
discretion to accumulate income), (2) the determination whether a
beneficiary is disabled, (3) the decision to terminate any trust
hereunder, (4) the exercise of discretion to allocate receipts or
expenses between principal and income, (5) decisions to exercise
tax options or (6) the selection of the property to be allocated to
the marital deduction trust.
23
SNC~shc~davisgeo.Wil -
November 7, 1996
SIXTEENTH: LIABILITY OF TRUSTEE AND EXECUTOR. My executor
and trustee shall not at any time be liable for mistake of law or
of fact, or both law and fact, or errors of judgment, nor for any
loss coming to any beneficiary under this Will, or to any other
persons, except through actual fraud or willful misconduct on the
part of the executor or trustee. My executor or trustee may, from
time to time, consult with counsel with respect to the meaning,
construction, and operation of this Will, particularly with respect
to the appointments, allocations, and disbursements, and may act on
the advice of counsel in all matters without incurring liability on
account of his or her actions.
SEVENTEENTH: INTERPRETATION.
A. Terms. Throughout this Will I direct that the term
"give" shall be deemed to include the term "bequeath" or "devise"
when appropriate.
B. Bond Not Required. I direct that no executor,
trustee or other legal representative of my estate shall be
required to furnish any bond or other security in any jurisdiction.
C. Will Not Contractual. My spouse and I are executing
Wills at approximately the same time, in which each of us is the
primary beneficiary of the Will of the other. These Wills are not
being executed pursuant to any contract to make a Will or any
contract not to revoke a Will. The Will of each of us is revocable
at any time, whether before or after the death of the other spouse,
at the sole discretion of the spouse making the Will.
24
SHC\shc\davisgeo.wil
November 7, 1,996 .
D. Successors of Fiduciaries. A1.1 pronouns referring
to an executor or trustee and the terms "executor" and "trustee"
shall be construed to mean any person acting as my executor,
trustee, or administrator with will annexed, as the case may be.
E. Number and Gender. If required by the context of
this Will, singular language shall be construed as plural, plural
language shall be construed as singular, and the gender of personal
pronouns shall be construed as either masculine, feminine, or
neuter.
F. Headings. All headings used in this Will to describe
the contents of each article, paragraph, or. other division are
provided for convenience only and shall not be construed to be a
part of this Will.
G. Governing Law. This Will shall be construed in
conformity with the law of the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to
this, my Last Will and Testament, consisting of twenty-five (25)
typewritten pages, the f first twenty-four (24) of which bear my
signature in the margin for the purpose of identification, this
1996.
day of ,
l
s~
,/
GE DAVIS, estator
25
SHC\shc\davisgeo.~wil
November 7, 196
Signed, sealed, published and declared by the above-named
Testator, GEORGE 8. DAVIB, as and for his Last Will and Testament,
in the sight and presence of us, who, at his request, in his sight
and presence and in the sight and presence of each other, have
hereunto subscribed our names as witnesses.
D Address ~ ~ ~~~ ~--
A \
~~ ~, ~, ~ ~
I
~- ~.-- Address ~ ~ ~ I F 1 ~ G,...~ ~- ,i,~ .
~~_.~> l--f~G~ ~ / ~-~ / ~ / I
~ ~/~~ Address
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
I, GEORGE. S. DAVIB, THE TESTATOR, WHOSE NAME IS SIGNED TO THE
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.
SWORN OR AFFIRMED T0,1~TD ACKNOWLEDGED BEFORE ME BY GEORGE 8.
DAVIS, THE TESTATOR THIS ~~ DAY L'yJ~ , 1996.
EORGE AV , Testator
j7a.~~.
No ary Publi
Notarial Seal
Deborah L. Brenneman. Notary Public
Camp F~lill Boro, Cumberland County
fvly Ccamn7iusicn Expires June 18, 1998
fV;~rr7b~~r, l~en~ ~yivar;i~x r'lssociation of Notaries
26
SHC\shc\davisgeo.Wil
November 7, 1996
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLP,ND ) ~~
~ctrn. ~ ,
~c~,,e___~-e., i'~'~. W~~.,.~ AND ~`=~ ~=~-~ ~~-~ `~~ 4-,.-;-
WE, ~ -
THE WITNESSES WHOSE NAMES ARE SIGNED TO THE FOREGOING INSTRUMENT,
BEING DULY QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE
PRESENT AND SAW THE AFORESAID TESTATOR SIGN AND EXECUTE THE
INSTRUMENT 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 OF US IN THE HEARING AND
SIGHT OF THE TESTATOR SIGNED THE WILL AS WITNESSES; AND THAT TO THE
BEST OF OUR KNOWLEDGE THE TESTATOR WAS AT THE TIME EIGHTEEN (18) OR
MORE YEARS OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE
INFLUENCE.
//~~,,~ SWORN OR AFFIRMED TO AND SUBSCRIBED TO BEFORE ME, THIS
`'`1 DAY OF ~~~..~~~ 19 9 6 .
Witn
Member, Pennsy~ ~an~a As
i`-
Notarial5eal Public
DeboraH ~~Bor~, CmmbeNandrCounty
Camp ire, June 18, 1918
My Commission Exp
~, sociation of Notaries
y,
~~ /` ,~-
N tary Public