HomeMy WebLinkAbout03-0467 GILORGIA PROJJA'rI~ COURT
' ~ S'fANI)/\RD FORN,I '
STATE OF GEORGIA
COUNTY OF
CHATHAM
LETTERS TESTAMENTARY
(Rclicvcd of Filing Returns)
.By Harris Lmvis
KNOW ALL WHOM IT MAY CONCERN:
That on thc 18th day of March
Court, thc last Will and Tcstamcnt datcd February 27th
, Judge of thc Probatc Court of said County.
,2002, at a rcgular tcrm of'thc Probatc
of
FREDERICK M. ESHLEMAN -.
rcsidcnt of said County, was lcgally provcn iii
by ordcr, and it was furthcr ordcrcd that
dcccascd, at thc timc of h i s death a
So l eton form and was admittcd to rccord
Y¥onne M. Eshleman
namcd as Exccutor(s) in said Will, bc allo~vcd to qualify, and that upon so doing, Lcttcrs Tcstamcntary bc
issucd to such Exccutor(s).
NOW, THEREFORE, thc said Yvonne M. Eshleman
, having takcn thc oath of officc and complicd with all thc ncccssary
prcrbquisitcs of thc law, is/arc Icgally authorizcd to dischargc all thc dutics and cxcrcise all thc powcrs of
Exccutor(s) undcr thc Will of said dcccascd, according to thc Will and thc law.
· Givcn undcr my hand and official scM, thc 18th day of March ,2002.
NOTE:
]lin lbllowing must be signed if thc judge docs not
sign thc original of this document:
Judgc of thc Probatc Court
Issucd by:
Clcrk, Probatc Court
l';lli:cliv¢ 7/87
GI'CSI: 2,i
Georgia Probate Court
Standard Form
PETITION TO PROBATE WILL IN SOLEMN FORM
GEORGIA, CHATHAM COUNTY
To the Honorable Judge of the Probate Court:
The petition of YVONNE M. ESHLEMAN
mailing address is 3 BLUE DARTER LANE, SAVANNAH, GA 31411
respectfully shows to the Court:
, whose
ON OCTOBER 7,2001, ... FREDERICK M. ESHLEMAN
whose place of domicile was 3 BLUE DARTER LANE, SAVANNAH, GA 31411
departed this life owning property in Georgia.
While alive, decedent duly-made and published a Last Will and Testament dated .. February_
27, 2001 which is herewith offered for probate in Solemn Form. Your petitioner is named
as the Executor.
o
Listed below are all of the deceased's heirs at law, with relationship to deceased set opposite
the name of each:
Name .Age Address Relationship
Over 18
J' YVONNE ESHLEMAN
· ' YVONNE M. BRYSON Over 18
'/' PATRICIA L. SOWERS Over 18
" DAVID S. ESHLEMAN Over 18
//FREDERICK M. ESHLEMAN, JR. Over 18
3 Blue Darter Lane Wife
Savannah, GA 31411
129 Regency Woods
Carlisle, PA 17013
HCR62, Box 122
Renova, PA 17764
210 South Prince Street Son
Lancaster, PA 17604
307 East Marble Street Son
Mechanicsburg, PA 17055
Daughter
Daughter
Additional Data: Where full particulars are lacking, state here the reasons for any such
omission. Also, state her all pertinent facts which may govern the method of giving notice to any
party and which may determine whether or not a guardian ad litem should be appointed for any party.
If an heirs listed above are cousins., grandchildren, nephews or nieces of the decedent, please indicate
the deceased ancestor through whom they are related to the decedent. If any executor nominated in
the will has an equal or higher priority to the propounder, but will not qualify, indicate the name and
reasons.
o
To the knowledge of the petitioner, no other proceedings with respect to this estate
are pending, or have been completed, in any other probate court in this state.
The probate of another purported will of the decedent is pending in this state in the
County Probate Court. The names and address(es) of the
propounder(s) and the names, addresses and ages or majority status of the
beneficiaries under the other purported will to whom notice is required under
O.C.G.A. Section 53-5-22(b) are listed on the attaclunent hereto, which is expressly
made a part hereof, as if fully set forth herein.
WHEREFORE, petitioner(s) pray(s) leave to prove said Will in solemn form, that due and
legal notice be given as the law requires, that said Will be admitted to record on proper proof, that
Letters Testamentary issue, and that this Court order such other relief as may be proper under the
circumstances.
2S~ghature of Att~me~(°} Ce~er if pro
JOHN H. OLDFIEeLD, JR."
Address: 1 Diamond Causeway, Suite 25
Savannah, GA 31406
Telephone Number: (912) 354-1871
State Bar/t: 551400
se)
GEORGIA, CHATHAM COUNTY
VERIFICATION
Personally appeared before me the undersigned petitioner(s) who on oath state(s) that the
facts set forth in the foregoing petition are tree.
2001.
P etit~/oner- ~V 0-1q3qE ESHLEMAN
Residence Address: 3 Blue Darter Lane
Savannah, GA 31411
Telephone Number: (912) 598-9990
Swom to and subscribed before me, this c7/t/' Day of ((Q/r'/~;-~'~X
ORDER FOR SERVICE OF NOTICE
PROBATE COURT OF CHATHAM COUNTY
The foregoing petition to probate Will in solemn form having been filed, and it appearing that
the following heirs did not acknowledge service, it is Ordered that:
(Initial any and all of the following which apply.)
Notice must be served personally, together with a copy of the petition and the
purported will, at least ten days before the will can be probated on the following heirs who reside
in Georgia:
Notice must be served by registered or certified mail, return receipt requested,
together with a copy of the petition and the purported will, upon the following nonresident heirs
whose current residence address are known:
Notice must be published once a week for four weeks in the newspaper in which
sheriff's advertisements are publlshed in this county, before , in order to
serve by publication the following heirs whose current residence addresses are unknown or who are
unknown:
DATE JUDGE OF THE PROBATE COURT
NOTICE
PROBATE COURT OF CHATHAM COUNTY
RE: PETITION OF TO PROBATE IN SOLEMN FORM THE WILL OF
, DECEASED, UPON WHICH AN ORDER FOR SERVICE WAS GRANTED BY
THIS COURT ON , ~001.
(Strike the following paragraph if no heir is required to be served by publication)
TO:
(List here all unknown heirs and known heirs having unknown addressed to be served by publication)
and all and singular the heirs of said decedent, and to whom it may concern:
This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before
,2001.
TO:
(Strike the following paragraph if not applicable)
(List here all heirs having known addresses in the continental U.S. to be served by certified or registered mail.)
This is to notify you to file objection, if there is any, to the above references petition, in this Court on or before
the thirteenth (13th) day after ,2001, (the date of the mailing of this Notice to you by certified or registered mail,
return receipt requested); provided, however, that if a return receipt for such Notice is actually received by the Court
within such 13 days, the deadline for the filing of any objection shall be ten (10) days from the date &receipt shown
on such return receipt.
TO:
(Strike the following paragraph if not applicable)
(List here all heirs having known addresses outside the continental U.S. to be served by certified or registered mail.)
This is to notify you to file object, if there is any, to the above referenced petition, in this Court on or before the thirtieth
(30th) day after ,2001, (the date of the mailing of this Notice to you be certified or registered mail, return receipt
requested); provided, however, that if a return receipt for such Notice is actually received by the Court within such 30 days, the
deadline for the filing &any objection shall be ten (10) days from the date of receipt shown on such return receipt.
(Strike the following paragraph it' not applicable)
This is further to notify
(List all heirs who reside in Georgia to be served personally)
· who are required to be served personally,
to file objection, if there is any, to the above referenced petition, in this Court on or before the tenth (10th) day after the date you are
personally served.
BE NOTIFIED FURTHER: All objections to the petition must be in writing, setting forth the grounds of any such objections. If
any objections are filed, a hearing will be (held on ) (scheduled at a later date). If no objections are filed.
the petition may be granted without a hearing.
WITNESS, the Hon.
,Judge
By:
CLERK, PROBATE COURT OF CHATHAM COUNTY
I have this day served
petition, purported will and the notice.
RETURN OF SHERIFF
Personally with a copy of the foregoing
Date
Deputy Sheriff, Chatham County
CERTIFICATE OF MAILING
This is to certify that I have this date forwarded by registered or certified mail, return receipt
requested, in a stamped, addressed envelope, a copy of the foregoing petition, purported will and the notice,
to each of the following heirs who reside out of state at known current residence addresses:
Date
CLERK, PROBATE COURT
ORDER APPOINTING GUARDIAN AD LITEM
PROBATE COURT OF CHATHAM COUNTY
IT IS ORDERED that Is appointed guardian ad litem for
, and that said guardian ad litem be duly served with a COlby of
the foregoing Notice, petition, purported will and notice of this appointment, and that upon said guardian ad
litem's acceptance of same, said guardian ad iitem shall make answer hereto. This appointment is limited
to this proceeding only and it shall cease when a final order is entered on this petition.
Date JUDGE OF THE PROBATE COURT
ANSWER OF GUARDIAN AD LITEM
I hereby accept the foregoing appointment, acknowledge service and notice of the proceedings as
provided by law, and for answer say:
Date
GUARDIAN AD LITEM
Address Telephone
ACKNOWLEDGMENT OF SERVICE
AND ASSENT TO PROBATE INSTANTER
GEORGIA, CHATHAM COUNTY
IN RE: PETITION OF YVONNE M. ESHLEMAN
THE WILL OE FREDERICK M. ESHLEMAN
IN SOLEMN FORM
TO PROBATE
DECEASED,
We, the undersigned, being over 18 years of age, laboring under no legal disability and being heirs
of the above-named decedent, hereby acknowledge service of a copy of the petition to probate said will in
solemn form, purported will, and notice, Waive copies of same, waive further service and notice, and hereby
assent to the probate of said will in solemn form without further delay.
Sworn to and subscrib~"~ ~
met. Jt~o~ day of ~rTj ~.,
J "~ ~ ~i ~ Il I
I ~ k 1~1, ~ ~lic a
~~8 B~, Cumb,fland Couaty
200 ,
"~O~AR~/CL~~r P~B~ COURT
SIGNATURE(S) OF HEIRS
Sworn to and subscribed before
me this .. day of
2001,
NOTARY/CLERK OF PROBATE COURT
SIGNATURE(S) OF HEIRS
PATRICIA L. SOWERS
Sworn,. to and subscribed before
me this ~ day of
NOTARY/CLERK OF PROBATE COURT
2001,
SIGNATURE(S) OF HEIRS
DAVID S. ESHLEMAN
Sworn to and subscribed before
me this ~ day of
NOTARY/CLERK OF PROBATE COURT
2001,
SIGNATURE(S) OF HEIRS
FREDERICK M. ESHLEMAN, JR.
Sworn to and subscribed before
me this day of
2001,
SIGNATURE(S) OF HEIRS
NOTARY/CLERK OF PROBATE COURT
ACKNOWLEDGMENT OF SERVICE
AND ASSENT TO PROBATE INSTANTER
GEORGIA, CHATHAM COUNTY
IN RE: PETITION OF YVONNE M. ESHLEMAN
THE WILL OF. FREDI~RICK M. ESHLEMAN
IN SOLEMN FORM
TOPROBATE
DECEASED,
We, the undersigned, being over 18 years of age, laboring under no legal disability and being heirs
of the above-named decedent, hereby acknowledge service ora copy of the petition to probate said will in
solemn form, purported will, and notice, ~'aive copies of same, waive further service and notice, and hereby
assent to the probate of said will in solemn form without further delay.
SIGNATURE(S) OF HEIRS
SIGNATURE(S) OF HEIRS
Sworn to and subscribed before
me this day of
NOTARY/CLERK OF PROBATE COURT
Sworn to and subscribed before
me this. day of
NOTARY/CLERK OF PROBATE COURT
200 I,
2001,
Sworn to and subscribed before
me this .. day of 2001,
NOTARY/CLERK OF PROBATE COURT
Sworn to and subscribed before
me this day of
NOTARY/CLERK OF PROBATE COURT
YVONNE M. BRYSON
SIGNATURE(S) OF HEIRS
Sworn to and subscribed before
me this ~ day of
PATRICIA L. SOWERS
SIGNATURE(S) OF HEIRS
DAVID S. ESHLEMAN
SIGNATURE(S) OF HEIRS
2001,
FREDERICK M. ESHLEMAN, JR.
SIGNATURE(S) OF HEIRS
2001,
NOTARY/CLERK OF PROBATE COURT
ACKNOWLEDGMENT OF SERVICE
AND ASSENT TO PROBATE INSTANTER
GEORGIA, CHATHAM COUNTY
IN RE: PETITION OF YVONNE M. ESHLEMAN
THE WILL OF FREDERICK M. ESHLEMAN
IN SOLEMN FORM
TO PROBATE
DECEASED,
We, the undersigned, being over 18 years of age, laboring under no legal disability and being heirs
of the above-named decedent, hereby acknowledge service of a copy of the petition to probate said will in
solemn form, purported will, and notice, waive copies of same, waive further service and notice, and hereby
assent to the probate of said wil!~n solemn form without further delay.
~,~.. 80TA,9~,,%~' ,~ SIGNATURE(S) OF HEIRS
w
S om to and subscnbg~Vl/ote - '1~II~1 Y~H
m/e t.~c~q day of
'a,~,~.i~ SIGNATURE(S) OF HEIRS
Sworn to and subscribed before
me this ~ day of 2001,
YVONNE M. BRYSON
NOTARY/CLERK OF PROBATE COURT
Sworn to and subscribed before
me this ~,3_~ day of i~.O ~., . 2001,
NOTARY/CLERK OF PROBATE COURT
SIGNATURE(S) OF_HEIRS
PAT~RI-C~A L: SOWERS
Sworn to and subscribed before
me this ~ day of
NOTARY/CLERK OF PROBATE COURT
2001,
SIGNATURE(S) OF HEIRS
DAVID S. ESHLEMAN
Sworn to and subscribed before
me this ~ day of
NOTARY/CLERK OF PROBATE COURT
2001,
SIGNATURE(S) OF HEIRS
FREDERICK M. ESHLEMAN, JR.
Sworn to and subscribed before
me this ~ day of
2001,
SIGNATURE(S) OF HEIRS
NOTARY/CLERK OF PROBATE COURT
ACKNOWLEDGMENT OF SERVICE
AND ASSENT TO PROBATE INSTANTER
GEORGIA, CHATHAM COUNTY
IN RE: PETITION OF YVONNE M. ESHI.EMAN
THE WILL OF FREDERICK M. ESHLEMAN
IN SOLEMN FORM
TO PROBATE
DECEASED,
We, the undersigned, being over 18 years of age, laboring under no legal disability and being heirs
of the above-named decedent, hereby acknowledge service of a copy of the petition to probate said will in
solemn form, purported will, and notice, Waive copies of same, waive further service and notice, and hereby
assent to the probate of said will in solemn form without further delay.
SIGNATURE(S) OF HEIRS
Sworn to and subscribed before
me this day of 2001,
SIGNATURE(S) OF HEIRS
YVONNE M. BRYSON
NOTARY/CLERK OF PROBATE COURT
Sworn to and subscribed before
me this day of
2001,
NOTARY/CLERK OF PROBATE COURT
Sworn to and subscribed before
met~/.o~_l~dayo~f., ~.~/Off~-~ 2001,
NOTARY/CLER K OF [~RO~A T~ ~OUP T
Daniel Colon, Nota~ Public ' /
..... ~f~ ~~~d~. 24, 2g05 /
mc ~ &~' of 2001,
NOTARY/CLERK OF PROBATE COURT
SIGNATURE(S) OF HEIRS
PATRICIA L. SOWERS
SIGNATURE(S) OF HEIRS
DAVID S ESI[LEMAN ~" ~
SIGNATURE(S) OF HEIRS
FREDERICK M. ESHLEMAN, JR.
Sworn to and subscribed before
me this ~ day of
2001,
SIGNATURE(S) OF HEIRS
NOTARY/CLERK OF PROBATE COURT
ACKNOWLEDGMENT OF SERVICE
AND ASSENT TO PROBATE INSTANTER
GEORGIA, CHATHAM COUNTY
IN RE: PETITION OF YVONNE M. ESHLEMAN
THE WILL OF. FREDERICK M. ESHLEMAN
IN SOLEMN FORM
TOPROBATE
DECEASED,
We, the undersigned, being over 18 years of age, laboring under no legal disability and being heirs
of the above-named decedent, hereby acknowledge service ora copy of the petition to probate said will in
solemn form, purported will, and notice, ~;aive copies of same, waive further service and notice, and hereby
assent to the probate of said will in solemn form without further delay.
ff~ ;~" ~O'1"'~O~%~ ? ~, SIGNATURE(S) OF HEIRS
rnet~ ~q day of
YV(J'NNE M. ESHLEMAN
~~ SIGNA~(S) OF HEIRS
Sworn to and subscribed before
me this day of
NOTARY/CLERK OF PROBATE COURT
Swom to and subscribed before
me this ~ day of
NOTARY/CLERK OF PROBATE COURT
Sworn to and subscribed before
me this ~ day of
2001,
YVONNE M. BRYSON
SIGNATURE(S) OF HEIRS
2001,
PATRICIA L. SOWERS
SIGNATURE(S) OF HEIRS
2001,
DAVID S. ESHLEMAN
NOTARY/CL.E~( OF PROBATE COURT
Sworn to a,n..d,~ubscribed before
f
NOTARY/CLERK OF PROBATE COURT
200~
SIGNATURE(S) OF HEIRS
FREDERICK M. ESHLEMAN, JR.
Sworn to and subscribed before
me this ~ day of
2001,
SIGNATURE(S) OF HEIRS
NOTARY/CLERK OF PROBATE COURT
PROB,~TE COURT OF CHATHAM COUNTY
STATE OF GEORGIA
RE: ESTATE OF
FREDERICK M. ESHLEMAN
DECEASED
) ESTATE NO.
)
) RE: PETITION TO PROBATE WILL IN
) SOLEMN FORM
ORDER
It being shown to the Court in the matter of the alleged Last Will and Testament of the above-named
decedent, propounded by YVONNE M. ESHLEMAN , named as Executor(s),
that the said decedent died domiciled in said County; and that due notice of the intention of said
propounder(s) to proceed with the proof in solemn form has been served on all of the heirs of said decedent,
all in accordance with the laws of this State, and all other requirements of law having been fulfilled, and the
said Will having been (self-proved) (proved by one of the witnesses) thereto to be the Last Will and
Testament of said decedent as alleged by the propounder(s); and no objection having been filed;
IT IS ORDERED BY THIS Court, that said Will be established as the Last Will and Testament of said
decedent; that the same be admitted to record, as proved in solemn form; and that said Executor(s) have leave
to qualify as such by taking the required oath, and upon so doin~ary issue to said
Executor(s).
Date j~7~~BATE ~URT
OATH I
I do solemnly swear (or affirm) that this writing contains the true Last Will of FREDERICK M.
ESHLEMAN , deceased, so far as I know or believe, and that I will well and truly execute the
same in accordance with the laws of Georgia. So help me God.
Sworn to and subscribed before me
this / ~day of ~¢(~t, 200~
Judge/Cler~ of the Probate Coup)
YVONI~E ESHLEMAN, Executor
Executor
CERTIFICATE IN ACCORDANCE WITH
UNIFORM PROBATE COURT RULE 21(1')
I certify that the content of the foregoing is identical in all material respects with Georgia probate
court standard form entitled Petition to Probate Will in Solemn Form, except for additions or deletions
indicated as required by the Uniform Probati~ Court Rules
Date
Telephone Number: (912) 354-1871
State Bar #: 554100
OF
FREDERICK M. ESHLEMAN
I, FREDERICK M. ESHLEMAN, a resident of Chatham County, Georgia, declare this to be
my Will. I revoke any and all Wills and Codicils that I have previously made.
ARTICLE 1. FAMILY
Identification of Family
1.01. I declare that I am married to YVONNE M. ESHLEMAN and that there are no
children of this marriage. I have four children from a previous marriage whose names are YVONNE
M. BRYSON, PATRICIA L. SOWERS, DAVID S. ESHLEMAN, and FREDERICK M.
ESHLEMAN, JR. who are all adults.
Definition of Family Terms
1.02. As used in this Will, the term "my spouse" shall mean only YVONNE M.
ESHLEMAN. As used in this Will, the term "my children" refers to all my natural children. As
used in this Will, the term "issue" refers to all lineal descendants of the indicated person of all
generations, with the relationship of parent and child at each generation determined by the definition
of "children" set forth in this Paragraph 1.02.
ARTICLE 2. PAYMENT OF BURIAL EXPENSES AND DEBTS
Description of Expenses and Debts
I authorize my executor to pay all the expenses of (1) a funeral or memorial service; (2) the
interment of my remains, including the costs of a gravesite, if necessary; and (3) the installation and
inscription of a suitable marker at, and perpetual care of, the gravesite. I further direct my executor
to pay all of my debts that my executor in his or her sole discretion may allow as claims against my
estate.
ARTICLE 3. DISPOSITION OF TANGIBLE PERSONAL PROPERTY
Disposition to Spouse
3.01. I give all of my tangible personal property of every kind and description, including, but
not limited to, books, pictures, clothing, articles of household or personal use or adornment,
Page I of 18 Pages
household furnishings and effects, and automotive vehicles and their accessories, but excluding any
money, evidences of indebtedness, documents of title, and securities and property used in connection
with the operation of any trade or business, to my spouse.
Alternative Disposition to Grandchildren
3.02. If my spouse does not survive me, I give all such tangible personal property to my
grandchildren and my wife's nephew, BRYAN LOWE, hereinafter referred to as "my wife's
nephew," to be divided among them in substantially equal shares as they shall agree. The share of
any grandchild of mine or of my wife's nephew who predeceases me leaving issue who survive me
shall pass to such issue per stirpes by right of representation. If no such agreement is reached within
ninety (90) days after my death, then such tangible personal property shall be divided in such manner
as my executor shall direct, with power in said executor to deliver any such property to which a
minor may be entitled either to the minor or to another to hold for such minor during minority, or
to sell the same and apply the proceeds for the benefit of the minor in such manner as said executor
may determine. If all of my grandchildren and my wife's nephew shall predecease me then this
bequest shall fail and such property shall pass as part of the residue of my estate.
ARTICLE 4. DISPOSITION OF RESIDUARY ESTATE
Disposition to Spouse--Pecuniary Formula
4.01. If my spouse survives me, I give to my spouse that part 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 description, wherever situated, to which I may be legally or equitably entitled at the time
of my death (my "residuary estate"), equal in value to an amount that, when added to the final estate
tax value of all other property included in my gross estate that passes to my spouse and that qualifies
for the federal estate tax marital deduction, will (1) entitle my estate to the minimum federal estate
tax marital deduction (allowable in determining the federal estate tax payable by reason of my death)
necessary to reduce my taxable estate to an amount on which no federal estate tax is due, and (2) will
result in the full utilization of the federal unified credit available to my estate. This gift to my spouse
shall be satisfied only from assets qualifying for the marital deduction. This property shall be valued
as of the date of allocation or distribution from my residuary estate to my spouse.
Disposition to Residuary Trust
4.02. (a) I give the remaining portion of my residuary estate in trust (referred to as the
"Residuary Trust"), to be held, administered, and distributed by the trustee in accordance with the
provisions set forth below. In accordance with Paragraph 4.01, this trust shall consist of assets equal
in value to the maximum amount that can pass free of federal estate tax by reason of the unified
credit available to the estate.
Page 2 of 18 Pages
Appointment of Trustee
(b) I appoint my spouse, YVONNE M .ESHLEMAN, to be trustee of the trust established
by this Article 4. If YVONNE M. ESHLEMAN does not survive me, is otherwise unable or
unwilling to serve as trustee, or ceases to serve as trustee after having been appointed, I appoint the
following named individuals as successor trustees in the order stated: 1. FREDERICK M.
ESHLEMAN, JR., 2. PATRICIA L, SOWERS. The trustee and any successor trustee shall have
the powers set forth in Article 5 of this Will.
Resignation of Trustee
(c) Any individual trustee may resign from the position of trustee by executing a written
resignation and delivering it to the successor trustee. The date of the 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 an individual trustee. Every title, estate, right, power, and discretion conferred
on the initial trustee under this Will is likewise conferred on any successor trustee.
No Bond Required
(d) No bond shall be required of any trustee or successor trustee named in this Will.
Income to Spouse for Life
(e) During the life of my spouse, the trustee shall pay to, or apply for, the benefit of my
spouse, all of the net income of the Residuary Trust in monthly or in other convenient installments,
but at least annually.
Distributions of Principal
(f) The trustee shall at any time and from time to time, pay over to or apply for the benefit
of my spouse, so much or all of the principal of the trust as the trustee may, in his or her discretion,
deem advisable for the comfortable support and maintenance of my spouse to enable my spouse to
maintain the standard of living to which my spouse was accustomed at my death. The judgment of
the trustee as to the amount of payment or the applications of principal and its advisability shall be
final and conclusive on all persons interested or who may become interested in my estate or trust
under this Will. On making any payments or applications of principal under this Paragraph 4.02, the
trustee shall be fully released and discharged from all further liability or accountability for the
payments or applications.
Page 3 of 18 Pages
Death of Surviving Spouse
(g) On the death of my spouse, the trustee shall convey, transfer, and pay over any remaining
principal of this trust in accordance with Paragraph 4.03, below, which shall be interpreted, for
purposes of this Paragraph 4.02 only, as if I had survived my spouse and died one moment after my
spot~se's death.
Division of Trust Estate
4.03. (a) If my spouse does not survive me or upon the death of my spouse, the trustee shall
divide the trust estate of the Residuary Trust into as many equal shares as there are grandchildren of
mine and an equal share for my wife's nephew. If any of my grandchildren or my wife's nephew
shall be deceased but leave issue then living, an equal share shall be set aside for the living issue of
my grandchildren and my wife's nephew per stirpes, and not per capita. Each share shall constitute
and be held, administered, and distributed by the trustee as a separate Trust.
(b) One equal share shall be set aside for the benefit of each of my grandchildren and my
wife's nephew who may then be living and shall constitute the trust estate of such grandchild's trust.
(c) One equal share shall be set aside for the benefit of the issue of each of my deceased
grandchildren and my wife's nephew, if deceased, who leave issue then living and shall constitute
the trust estate of the Trust for such issue.
Separate Trusts for Living Grandchildren and Wife's Nephew
(a) The Trustee shall accumulate all of the net income from such trust estate and add it to
the principal thereof until such grandchild and my wife's nephew attains the age of thirty (30) years,
except as hereinafter provided.
(b) The Trustee shall pay to or apply for the benefit of such grandchild and my wife's
nephew obtaining a degree from an accredited college or university the sum of $1,000 out of his or
her trust estate; this payment shall be made from income to the extent that it is available, but
principal is to be distributed if necessary. Each time a grandchild or my wife's nephew obtains an
aforesaid degree, he or she shall be paid the aforesaid payment.
(c) If at any time the Trustee in his or her discretion deems that a grandchild or my wife's
nephew is in need of funds for his or her proper support or education, the Trustee shall pay to or
apply for the benefit of such grandchild or my wife's nephew such amounts out of such grandchild's
or my wife's nephew's trust estate that the Trustee in his or her discretion considers necessary for
such grandchild's or my wife's nephew's support or education; such amounts shall be paid out of
income if available, but principal is to be distributed if necessary. The aforesaid payments for
Page 4 of 18 Pages
support or education shall be made only if there are not other sources available for the
aforementioned needs, including the resources of the parents of the grandchild or my wife's nephew.
My primary purpose in establishing these Trusts is to provide substantial assets for my
grandchildren and my wife's nephew when they each reach the ages of twenty-two, twenty-seven,
and thirty, but the share of the trust estate of each grandchild and my wife's nephew may be
distributed for his or her support or education if necessary.
(d) When such grandchild or my wife's nephew attains the age of twenty-two (22) years,
the Trustee shall distribute to such grandchild or my wife's nephew one-third of the then balance of
the principal of his or her trust estate. When such grandchild or my wife's nephew reaches the age
of twenty-seven (27) years, the Trustee shall distribute to such grandchild or my wife's nephew one-
half of the then balance of the principal of his or her trust estate. When each grandchild or my
wife's nephew attains the age of thirty (30) years, the Trustee shall distribute to each such grandchild
and my wife's nephew all of the balance of his or her trust estate.
(e) If any grandchildren of mine are born after my death, a share of the trust estate shall
be set aside for each such grandchild by transferring a portion, prorated as hereinafter provided, from
each of the shares set aside for the benefit of my then living grandchildren and my wife's nephew
who are under the age of thirty (30) years. It is my intention that no grandchild born after my death
shall receive a diminished share because other grandchildren have already received partial
distributions of their shares on attaining the age of twenty-two (22) or twenty-seven (27) years.
Therefore, the contribution of the share of each grandchild or my wife's nephew who has attained
the age of twenty-two (22) years or twenty-seven (27) years shall be proportionately larger. If none
of my grandchildren or my wife's nephew have attained the age of twenty-two (22) years, each
existing share shall contribute an equal portion so that the newly created share for the benefit of the
after-born grandchild shall approximately equal the amount of the other shares. For example, if I
have nine grandchildren and my wife's nephew who are all under the age of twenty-two (22) years
at the time when another grandchild is born after my death, each existing share shall contribute one
eleventh thereof to the newly created share for the after-born grandchild, so that the newly created
share shall be approximately equal in size to the other shares, each share then being approximately
ten elevenths of the size of the original shares. However, if the shares of some of my grandchildren
or my wife's nephew have been reduced by a one-third distribution because, at the time of the birth
of the after-born grandchild, they are between the ages of twenty-two (22) and twenty-seven (27),
the pro rata contribution made by their shares shall be increased by one and one-half times; and if
the shares of some grandchildren and my wife's nephew have been reduced by two-thirds because
they are between the ages of twenty-seven (27) and thirty (30) at the time of the birth of my
after-born grandchild and therefore received two partial distributions, the pro rata contribution made
by their shares shall be increased by three times. Therefore, if there are nine living grandchildren
and my wife's nephew under the age of thirty (30) years at the time of the birth of an after-born
grandchild, the shares of those grandchildren and my wife's nephew who are under the age of
twenty-seven (27), if any, must contribute one eleventh of such shares to the newly created share;
Page 5 of 18 Pages
the shares of those grandchildren and my wife's nephew who are between the ages of twenty-two
(22) and twenty-seven (27), if any, must contribute one and one-half times one eleventh of such
shares to the newly created share; the shares of those grandchildren and my wife's nephew who are
between the ages of twenty-seven (27) and thirty (30), if any, must contribute three times one
eleventh of such shares to the newly created share. The above pro rata contributions apply in all
cases, even if there are no grandchildren under the age of twenty-two (22). For example, if there
are nine grandchildren and my wife's nephew living all between the ages of twenty-seven (27) and
thirty (30) at the time of the birth of an after-born grandchild, the share of each grandchild and my
wife's nephew must contribute three times one eleventh of each share to the newly created share for
the after-born grandchild.
In computing the above contributions, the fact that some shares are less than other shares of
grandchildren and my wife's nephew in the same age bracket because of the payments authorized
in subparagraphs (b) and (c) above, shall be disregarded. No contribution shall be made from shares
set aside for the surviving issue of deceased grandchildren or from shares that have been fully
distributed.
(f) If a grandchild or my wife's nephew for whom a share of the trust estate has been set
aside should die before attaining the age of thirty (30) years, then on the death of such grandchild
or my wife's nephew the Trustee shall distribute all o.f the balance of such deceased grandchild's or
my wife's nephew's trust estate to his or her issue then living, per stirpes and not per capita. If there
should be no issue then living, then all of the balance of such deceased grandchild's or my wife's
nephew's trust estate shall be allocated equally among my then-living grandchildren and rny wife's
nephew and the then-living issue (as a group) of any deceased grandchild of mine or my wife's
nephew; the assets allocated to a grandchild of mine or my wife's nephew for whom a trust is then
being held hereunder shall be added to such grandchild's trust and my wife's nephew's trust, and the
assets allocated to any other grandchild of mine or my wife's nephew or any issue of them shall be
distributed outright to such person.
Distribution to Issue of Deceased Grandchild or Wife's Nephew
4.05. Each share of the trust estate set aside for the issue then living of a deceased
grandchild of mine or my wife's nephew, as hereinabove provided, shall be distributed immediately
to the surviving issue of such deceased grandchild or my wife's nephew, per stirpes and not per
capita.
Maximum Duration of Trust
4.06. All of the Trusts provided for herein shall in any event terminate on the expiration of
twenty-one (21) years after the death of the last survivor of all my grandchildren in being at the time
of my death.
Page 6 of18 Pages
Definitions
4.07. The following terms, as used in this Will, mean:
(a) The term "issue" means lawful blood descendants in the first, second, or any
other degree of the ancestor designated, and includes legally adopted grandchildren.
(b) The term "grandchildren" refers to my grandchildren and any who may be
hereafter born.
(c) The term "my wife's nephew" refers to BRYAN LOWE.
(d) All references to the "Trust" or the "trust estate," unless otherwise specifically
provided for herein, refer to each of the separate Trusts herein provided for, respectively, and the
trust estate of each Trust.
(f) The term "education" includes both college and postgraduate study at any
accredited institution of the beneficiary's choice for any period of time that in the judgment of the
trustee is advantageous to the beneficiary; the trustee shall provide adequate amounts for all related
living and travel expenses of the beneficiary within reasonable limits.
Beneficiaries' Other Means of Support
4.08. The trustee in exercising his discretionary authority with respect to the payment of
income or principal of the trust estate to any beneficiary shall take into consideration any income or
other resources available to such beneficiary from sources outside of this Trust that may be known
to the trustee. The trustee may, accept as final and conclusive the written statement of the
beneficiary receiving payment as to other available income or resources. The determination of the
trustee with respect to the advisability of making payments out of income or principal to any
beneficiary shall be conclusive on all persons howsoever interested in the Trust.
Incapacity of Beneficiary
4.09. If at any time any beneficiary entitled to receive income or principal from the trust
estate is a minor or an incompetent or a person whom the trustee deems unable to handle funds
properly or wisely if paid directly to the beneficiary, the trustee in his discretion may make payments
in any one or more of the following ways:
(a) Directly to the beneficiary;
Page 7 of 18 Pages
(b) To the natural guardian or legally appointed guardian of the person or estate
of the beneficiary; or
(c) By making expenditures directly for the care, support, maintenance, or
education of the beneficiary.
The Trustee shall not be required to see to the application of any funds paid or applied in any
of the aforementioned ways and the reeeipt of the payee shall be full acquittance to the Trustee. The
decision of the Trustee as to which of the aforementioned methods should be used in making
payments shall be conclusive and binding on all parties concerned.
Undistributed Payments to Succeeding Beneficiary
4.10. On the termination of the right of any beneficiary to receive payments from net
income or principal hereunder, all such payments accrued or undistribated by the trustee at the date
of such termination shall be distributed to the beneficiary next entitled to the successive interest by
the terms of this Will.
Conflicting Claims
4.11. Whenever there are conflicting claims as to the person entitled to any payment or
distribution from the trust estate, the trustee may in his discretion withhold without the payment of
interest all or any part of any disputed payment or distribution until the matter has been finally
adjudicated by the appropriate court.
Alienation and Attachment of Beneficiary's Interest
4.12. No beneficiary or remainderman of any Trust shall have any right or power, except
as otherwise specified, to sell, transfer, assign, pledge, mortgage, alienate, or hypothecate his or her
interest in the principal or income of the trust estate in any manner whatsoever. To the fullest
extent of the law, the interest of each and every beneficiary and remainderman shall not be subject
to the claims of any of his or her creditors or liable to attachment, execution, bankruptcy
proceedings, or any other legal process. The trustee shall pay, disburse, and distribute principal and
income of the trust estate only in the manner provided for in this Will and not on any attempted
transfer or assignment, whether oral or written, of any beneficiary or remainderman nor by operation
of law.
Distribution of Trust Assets by Executor
4.13. If on termination of the administration of my probate estate, there has been no
distribution in trust to the trustee and events have occurred which would require the trustee under
Page 8 of 18 Pages
the terms of this Will to make immediate distribution of all the property, my Executor shall perform
all of the acts necessary to complete such distribution and for that purpose shall have all the powers
granted by this Will to the trustee.
ARTICLE 5. GENERAL ADMINISTRATIVE POWERS OF THE TRUSTEE
In order to carry out the purposes of any Trust established by this Will, the trustee, in addition
to all other powers and discretions granted by this Will or by law, shall have the following powers
and discretions, subject to any limitations specified elsewhere in this Will:
Retain Assets
(1) To continue to hold any and all property received by the trustee or subsequently added
to the trust estate or acquired pursuant to proper authority if and as long as the trustee, in exercising
reasonable prudence, discretion, and intelligence, considers that the retention is in the best interests
of the trust; provided, however, that nonincome-producing or unproductive property shall not be
retained as an asset of the Trust for more than a reasonable time during the lifetime of my spouse
without the written consent of my spouse.
Investments
(2) To invest and reinvest in every kind of property, real, personal, or mixed, and every
kind of investment, specifically including, but not by way of limitation, corporate obligations of
every kind, and stocks, preferred or common, which persons of prudence, discretion, and
intelligence acquire for their own accounts.
Management of Securities
(3) To exercise, respecting securities held in the trust estate, all the rights, powers, and
privileges of an owner, including, but not limited to, the power to vote, give proxies, and to pay
assessments and other sums deemed by the trustee necessary for the protection of the trust estate;
to participate in voting trusts, pooling agreements, foreclosures, reorganizations, consolidations,
mergers, and liquidations, and in connection therewith to deposit securities with and transfer title
to any protective or other committee under such terms as the trustee may deem advisable; to exercise
or sell stock subscription or conversion rights; and to accept and retain as an investment any
securities or other property received through the exercise of any of the foregoing powers, regardless
of any limitations elsewhere in this instrument relative to investments by the trustee.
Form of Ownership of Trust Property
(4) To hold securities or other trust property in the name of the trustee as trustee under
Page 9 of 18 Pages
each Trust or in the trustee's own name or in the name of a nominee or in conditions when
ownership will pass by delivery.
Business Interests
(5) To continue and operate, to sell or to liquidate, as the trustee deems advisable at the
risk of the trust estate, any business or partnership interests received by the trust estate; provided,
however, that a nonincome-producing or unproductive business or partnership interest shall not be
held as an asset of the Trust for more than a reasonable time during the lifetime of my spouse
without the written consent of my spouse.
Sell and Exchange
(6) To sell for cash or on deferred payments at public or private sale, to exchange, and
to convey any property of the trust estate.
Division of Trust Estate
(7) On any division of the trust estate into separate shares or trusts, to apportion and
allocate the assets of the trust estate in cash or in kind, or partly in cash and partly in kind, or in
undivided interests in the manner deemed advisable in the discretion of the trustee; after any division
of the trust estate, the trustee may make joint investments with funds from some or all of the several
shares or Trusts, but the trustee shall keep separate accounts for each share or Trust.
Abandonment of Trust Assets
(8) To abandon any trust asset or interest therein in the discretion of the trustee.
Option
(9) To grant an option involving disposition of a trust asset and to take an option for the
acquisition of any asset by the trust estate.
Lease
(10) To lease any real or personal property of the trust estate for any purpose for terms
within or extending beyond the duration of any Trust.
Property Management
(11) To manage, control, improve, and repair real and personal property belonging to the
Page 10 of 18 Pages
trust estate.
Development of Property
(12) To partition, divide, subdivide, assign, develop, and improve any trust property; to
make or obtain the vacation of plats and adjust boundaries or to adjust differences in valuation on
exchange or partition by giving or receiving consideration; and to dedicate land or easements to
public use with or without consideration.
Repair, Alter, Demolish, and Erect
(13) To make ordinary and extraordinary repairs and alterations in buildings or other trust
property, to demolish any improvements, to raze party walls or buildings, and to erect new party
walls or buildings as the trustee deems advisable.
Borrowing and Encumbering
(14) To borrow money for any trust purpose from any person, firm, or corporation on the
terms and conditions deemed appropriate by the trustee and to obligate the trust estate for repayment;
to encumber the trust estate or any of its property by mortgage, deed of trust, pledge, or otherwise,
using whatever procedures to consummate the transaction deemed advisable by the trustee; and to
replace, renew, and extend any encumbrance and to pay loans or other obligations of the trust estate
deemed advisable by the trustee.
Natural Resources
(15) To enter into oil, gas, liquid or gaseous hydrocarbon, sulphur, metal, and any and all
other natural resource leases on terms deemed advisable by the trustee, and to enter into any pooling,
unitization, repressurization, community, and other types of agreements relating to the exploration,
development, operation, and conservation of properties containing minerals or other natural
resources; to drill, mine, and otherwise operate for the development of oil, gas, and other minerals;
to contract for the installation and operation of absorption and repressuring plants; and to install and
maintain pipelines.
Insurance
(16) To procure and carry at the expense of the. trust estate insurance of the kinds, forms,
and amounts deemed advisable by the trustee to protect the trust estate and the trustee against any
hazard.
Page 11 of 18 Pages
Enforcement of Hypothecations
(17) To enforce any deed of trust, mortgage, or pledge held by the trust estate and to
purchase at any sale thereunder any property subject to any such hypothecation.
Extending Time of Payment of Obligations
(l 8) To extend the time of payment of any note or other obligation held in the trust estate,
including accrued or future interests, in the discretion of the trustee.
Adjustment of Claim
(19) To compromise, submit to arbitration, release with or without consideration, or
otherwise adjust claims in favor of or against the trust estate.
Litigation
(20) To commence or defend at the expense of the trust estate any litigation affecting each
Trust or any property of the trust estate deemed advisable by the trustee.
Administration Expenses
(21) To pay all taxes, assessments, compensation of the trustee, and all other expenses
incurred in the collection, care, administration, and protection of the trust estate.
Employment of Attorneys, Advisers, and Other Agents
(22) To employ any attorney, investment adviser, accountant, broker, tax specialist, or
any other agent deemed necessary in the discretion of the trustee; and to pay from the trust estate
reasonable compensation for all services performed by any of them.
Termination by Trustee of Small Trust
(23) To terminate in the discretion of the trustee any separate Trust held for an income
beneficiary and remaindermen if the fair market value of the separate Trust at any time becomes less
than Ten Thousand ($10,000.00) Dollars and, regardless of the age of the income beneficiary, to
distribute the principal and any accrued or undistributed net income to the income beneficiary, or
to his guardian or other fiduciary.
Page 12 of 18 Pages
Distribution
(24) On any partial or final distribution of the trust estate, to apportion and allocate the
assets of the trust estate in cash or in kind, or partly in cash and partly in kind, or in undivided
interests in the manner deemed advisable at the discretion of the Trustee and to sell any property
deemed necessary by the trustee to make the distribution.
General
(25) To do all the acts, to take all the proceedings, and to exercise all the rights, powers,
and privileges which an absolute owner of the property would have, subject always to the discharge
of his fiduciary obligations; the enumeration of certain powers in this Will shall not limit the general
or implied powers of the trustee; the trustee shall have all additional powers that may now or
hereafter be conferred on him by law or that may be necessary to enable the trustee to administer
each Trust in accordance with the provisions of this Will, subject to any limitations specified in this
Will.
Nonincome-Producing or Unproductive Asset
(26) Any asset of the trust estate, regardless of how acquired, that is or has become
nonincome-producing or unproductive shall not be held or retained by the trustee for more than a
reasonable time during the lifetime of my spouse without the written consent of my spouse.
Powers Inconsistent With Martial Deduction
(27) None of the powers or discretions granted in any provision in this Will to the trustee
shall be exercised in a manner inconsistent with the allowance of the federal estate tax marital
deduction, to which my estate would otherwise be entitled, regardless of any provision in this Will
to the contrary.
ARTICLE 6. OPERATIONAL PROVISIONS
Determination of Income and Principal
(1) The trustee shall have power to allecate receipts, disbursements, and losses to principal
or to income, in accordance with generally accepted accounting practices.
Trustee's Fees
(2) The trustee shall receive reasonable fees for the ordinary and extraordinary services
rendered by him.
Page 13 of 18 Pages
Waiver of Trustee's Bond
(3) No bond for the faithful performance of duties shall be required of any person named
in this Will as trustee.
Limit of Trustee's Liability
(4) No individual trustee appointed under this Will shall at any time be held liable for any
action or default of himself or his agent or of any other person in connection with the administration
of the trust estate, unless caused by his own gross negligence or by a willful commission by him of
an act in breach of trust.
Choice of Law
(5) The validity and administration of any Trust established under this Will and all questions
relating to the construction or interpretation of any such Trust shall be governed by the laws of the
State of Georgia.
ARTICLE 7. PAYMENT OF DEATH TAXES
All estate, inheritance, and succession taxes, together with any interest and penalties thereon,
payable as a result of my death and imposed with respect to any property, whether or not disposed
of by this Will, shall be paid out of the Residuary Trust set forth in Article 5 hereof.
ARTICLE 8. EXECUTOR
Appointment
(1) I appoint my spouse, YVONNE M. ESHLEMAN, as the Executor of this Will. If my
spouse is unable or unwilling to act or to continue to act in that capacity, then I appoint FREDERICK
M. ESHLEMAN, JR. as the Successor Executor of this Will. If FREDERICK M. ESHLEMAN, JR.
is unable or unwilling to act or continue to act in that capacity then I appoint PATRICIA L.
SOWERS as the Successor Executor of this Will. I direct that no action shall be taken in any court
in the administration of my estate other than the probating and recording of this Will and the return
of any inventory, appraisement, and list of claims of my estate. My Executor, whether original,
substitute, or successor, is hereafter referred to as my "Executor."
No Bond Required
(2) No bond or other security shall be required of any Executor appointed in this Will.
Page 14 of 18 Pages
Powers
(3) My Executor shall have, in extension and not in limitation of the powers given by
law or by other provisions of this Will, the following powers with respect to the settlement of my
probate estate:
Same Powers as Trustee
(a) To exercise with regard to the probate estate all of the powers and authority
conferred by this Will on the trustee over the trust estate.
(b) To employ any attorney, investment adviser, accountant, broker, tax
specialist, or any other agent deemed necessary by my Executor; and to pay from my estate
reasonable compensation for all services performed by any of them.
Where Estate Property Kept
(c) To keep any or all of the property of my estate at any place or places in
Chatham County, Georgia, or elsewhere within the United States or abroad or with a depositary or
custodian at such place or places.
Income Tax Returns
(d) To join with my spouse or administrator in filing any income tax return of
the income of my said spouse and myself for any period for which such a return may be permitted,
and to agree with my said spouse or my spouse's executor or administrator.
(i) As to how the burden of the liability for any income tax, or interest
thereon, arising out of the filing of a joint return by my Executor and my said spouse ormy spouse's
executor or administrator, shall be borne as between my estate and my said spouse or my spouse's
estate; and
(ii) As to who, as between my said spouse or my spouse's estate and my
estate, shall be entitled:
(A) To any refund or credit of any income tax, or interest thereon,
based on the filing of a joint return by my said spouse and myself or by my Executor and my said
spouse or my spouse's executor or administrator;
(B) To any refund or credit of any amount paid on account of any
joint declaration of any estimated income tax filed by my said spouse and myself, and of the interest
on any such refund; and
(C) To the benefit of any payment made by my said spouse and
Page 15 of 18 Pages
myself on account of any joint or separate declaration of any estimated income tax.
Determination of Income and Principal
(e) To pay as income the whole of the interest, dividends, rent, or receipts from
property, whether wasting or not and although bought or taken at value above par, but, if it is
deemed advisable when property is bought or taken at a value above par, a portion of the income
may be retained to offset such loss to the principal; to treat as income or principal or to apportion
between them stock dividends, extra dividends, rights to take stock or securities, and proceeds from
the sale of real estate, although such real estate may have been wholly or partly unproductive; to
charge to income or principal or to apportion between them custodians' compensation, brokers'
commissions, agents' compensations, attorneys' fees, insurance premiums, repairs or improvements,
taxes (income, estate, inheritance, or any other taxes), depreciation charges, and executor's
compensation; generally to determine all questions as between income and principal or to apportion
between them any receipt or gain and any charge, disbursement, or loss as is deemed advisable in
the circumstances of each case as it arises, notwithstanding any statute, rule of law, or determination
of any court.
Divisions or Distributions of Estate
(f) When paying legacies or dividing or distributing my estate, to make such
payments, division, or distribution wholly or partly in kind by allotting and transferring specific
securities or other personal or real properties or undivided interests therein as a part of the whole
of any one or more payments or shares at current values in the manner deemed advisable by my
Executor. All of the above powers may be exercised from time to time in the discretion of my
Executor without further order or license.
Marital Deduction Election
(4) It is my intention that assets devised and bequeathed outright to my spouse shall
qualify for the federal estate tax marital deduction. It is not my intention that any assets in the
Residuary Trust shall qualify for the federal estate tax marital deduction. To this end my Executor
shall not elect, under Internal Revenue Code Section 2056(b)(7) or any comparable section in effect
at my death,, for the assets in the Residuary Trust to qualify for the federal estate tax marital
deduction.
Additional Executor and Trustee Powers
In the management, care, and disposition of my estate, I confer upon the Executor and
Successor Executor, and Trustee or Successor Trustee, without the necessity of giving bond to any
court, the power to do all things and execute such instruments as may be deemed necessary or
Page 16 of 18 Pages
proper, including all of those powers, enumerated in General Act No. 433 (Senate Bill No. 370)
adopted by the General Assembly of Georgia in Georgia Law, 1973 Session, Page 846, entitled Wills
- - Certain Fiduciary Powers May Be Incorporated in Wills, etc. by Reference, (O.C.G.A. Section
53-12-232), as said Act may from time to time be amended, which powers are specifically
incorporated herein by reference as if repeated verbatim, and all of which may be exercised without
order of or report to any court.
ARTICLE 9. WILL CONTESTS
Notwithstanding any and all of the other provisions of this Will, if any beneficiary shall
object to the probate of my Will, or in any manner, directly or indirectly, contest or aid in contesting
my Will, or any of the provisions of my Will, or in any distribution under my Will of any part of my
estate, then he or she shall be deemed to have predeceased me for the purposes of this Will, and any
and all provisions herein contained for his or her benefit shall be void and of no effect and the
benefits that such beneficiary would have received if he had made no such contest or brought no such
proceedings shall go to the residuary beneficiaries of this Will (other than such beneficiary) in the
same proportion as the other property received under the residuary clause of this Will. If all of the
residuary beneficiaries join in such contest or proceedings, then such benefits shall go to the persons
(other than the persons making such contest or joining such proceedings) who are nearest related
to me by blood. Each benefit or gift or bequest or devise conferred by this Will is made on the
condition precedent that the beneficiary shall accept and agree to all of the provisions of this Will
and the provisions of this Article are an essential part of each and every such benefit or gift or
bequest or devise.
ARTICLE 10. GENERAL
Will Not Contractual
(1) 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 made because
of any agreement between us. Either Will may at any time be revoked at the sole discretion of the
maker thereof.
Simultaneous Death
(2) If my spouse shall die simultaneously with me or there is no direct evidence to
establish that ~ny spouse and I died other than simultaneously, I direct that I shall be deemed to have
predeceased my spouse, notwithstanding any provision of law to the contrary, and that the provisions
of my Will shall be construed on such presumption. If any legatee, devisee, or beneficiary of any
trust, other than my spouse, shall die simultaneously with me or there is no direct evidence to
establish that such person and I died other than simultaneously, I hereby declare that I shall be
deemed to have survived such person.
Page 17 of 18 Pages
Effect of Inoperative, Invalid, or Illegal Provision
(3) If any provision of this Will or of any Codicil thereto is held to be inoperative,
invalid, or illegal, it is my intention that all the remaining provisions thereof shall continue to be
fully operative and effective so far as is possible and reasonable.
Headings
(4) The headings above the various provisions of this Will have been included only to
make it easier to locate the subject covered by each provision and are not to be used in construing
this Will or in ascertaining my intentions.
Number and Gender Defined
(5) As used in this Will, whenever the context so indicates, the masculine, feminine, or
neuter gender, and the singular or plural number, shall each be deemed to include the others.
IN W1TNESS WHEREOF, I, FREDERICK M. ESHLEMAN, have hereunto set my hand and
seal this ~/q' day of February, 2001.
ATTESTATION CLAUSE
Signed, sealed, declared and published by FREDERICK M. ESHLEMAN as and for his Last
Will and Testament, in the presence of us, the undersigned, who, at his special instance and request,
do attest as witnesses, after said Testator, had signed his name thereto, in his presence and in the
presence of each other.
Witness
.7370 Hodgson Memorial Dr.,D-5
Street Address
Savannah, GA 31406
City and State
7370 Hodgson Memorial Dr.,D-5
Street Address
.Savannah, GA 31406
City and State
Page 18 of 18 Pages
STATE OF GEORGIA )
)
COUNTY OF CHATHAM )
AFFIDAVIT FOR SELF-PROVED WILL
Before me, the undersigned authority, on this day personally appeared FREDERICK M.
ESHLEMAN, DENISE DENISON, and GAY H. OLDFIELD, known to me to be the Testator and
witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their
respective capacities. All of these persons being by me duly sworn, FREDERICK M. ESHLEMAN,
Testator, declared to me and to these witnesses in my presence that the instrument is Testator's Last
Will and Testament and that Testator had willingly made and executed it as Testator's free act and
deed for the purposes expressed in it. The witnesses, each on oath, stated to me in the presence and
hearing of the Testator that the Testator had declared to them that the instrument is Testator's Last
Will and Testament, that Testator has executed it as such, and that Testator wanted each of them to
sign it as a witness. Each witness, on oath, further stated to me that he or she did sign the instrument
as witness in the presence of the Testator and at the Testator's request; that the Testator was at that
time fourteen years of age or over and was of sound mind; and that each of the witnesses was then
at least fourteen years of age.
Witness
FREDERICK M. ESHLEMAN
Sworn to and subscribed before me by FREDERICK M. ESHLEMAN, Testator, and sworn
to and subscribed before me by DENISE DENISON and GAY H. OLDFIELD, witnesses, on
February ? 2001.
STATE OF GEORGIA
COUNTY OF CHATHAM
AFFIDAVIT OF PUBLICATION
SAVANNAH MORNING NEWS
area adjacent thereto;
That she/he has reviewed the regular editions of the Savannah
Morning News, published on:
~__ff~ c~,,.'~ ._~ ,2002 c~,p~4~r~/f ~ 2002,
~~.~/~ , 2002, ~ ~ , 2002,
and fi~ds that th~ following advertisement, to-wit:
Personally appeared before me, JOAN JENKINS, to me known, who
being sworn, deposes and says:
That she/he is the COMMERCIAL SALES MANGER of
Southeastern Newspaper Corporation, a Georgia corporation, doing business
in Chatham County, Ga., under the trade name of Savannah Morning News,
a daily newspaper published in said county;
That she/he is authorized to make affidavits of publication on behalf
of said published corporation;
That said newspaper is of general circulation in said county and in the
Appeared in each of said editions.
Sworn to and subscribed before me
This ~).~4/:_/-ff~ay
ofc-'~d>~z_~?, 2002
Notice t° Debtors
and creditors
STATE OF GEORGIA
CHATHAM COUNTY
NOTicE IS HEREBy
GIVEN to all Persons
having demands againsl
FREDERICK M.
ESHLEMAN Pate of Said
-'aunty, deceased, to
)resent them to me,
)ro~erly made out Within
he time Prescribed by
~w, so as to show their
nd all Perso'ns'lndebted
o said deceased are
equired to make
~me.rnediate payment to
Savannah, G~, ~arch
18th, 2002
Yvonne AA. Eshleman,
' Executrix
¢Jo John H. Oldfield, Jr.,
· Attorney
1 Diamond Causeway,
' Ste. 25
Savannah, GA 31406
(~' (nepon~x.~)
Notary Public, Cl~tham County, Ga.
STATE OF GEORGIA )
CHATHAM COUNTY )
PROBATE COURT )
I, Kim H. Birge, Chief Clerk of the Probate Court of Chatham
County, State of Georgia, do hereby certify:
That the annexed and foregoing pages of photocopy matter contains
a true and correct copy of the Entire Proceedings including Last Will and Testament,
Petition and Final Order granting Probate in Solemn Form, together with the Letters
Testamentary, granted March 18th,2002, to Yvonne M. Eshleman, Executrix of the
Estate of FREDERICK M. ESHLEMAN, late of Chatham County, Georgia, deceased; as
appears reference being had to the original Proceedings on file and records in this office.--
In witness Whereof, I have hereto set my official signature and
affixed the seal of the Probate Court at the City of Savannah, County and State
aforesaid, this 3rd day of June, two thousand and three.
Chief Clerk ~J
Probate Court, Chatham County
STATE OF GEORGIA )
COUNTY OF CHATHAM )
I, Harris Lewis, Judge of the Probate Court, Chatham County, State of Georgia, do
hereby certify that Kim H. Birge, who signed the foregoing certificate is and was, at the time of
signing the same, the duly qualified Clerk of my Court; that the attestation is in proper form of law,
and that all her official acts are entitled io full faith and credit.
WITNESS my official signature at the City of Savannah, this 3RD
in the year of our Lord, 20 03
~dayofdUNE ,
Judge, Probate Court, Chatham County, GA
STATE OF GEORGIA )
COUNTY OF CHATHAM )
I, Kim H. Birge, Clerk of the Probate Court of Chatham County, State of Georgia, do
hereby certify that Harris Lewis, who signed the foregoing certificate is and was, at the time of
signing the same, the Judge of the Probate Court of Chatham County, Georgia, duly elected,
commissioned and qualified and that said signature is genuine.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Court of Probate, at the City of Savannah, County and State aforesaid, this 3RD day of
JUNE , in the year of our Lord, 2003
~C
Clerk, Prob ounty, GA
ZUSTO~RER ORDER FO~[
REQUESTER:
ADDRESS:
ZELEPHONE:
~HE ESTATE OF:
Quantity
THE PROBATE COURT OF 'CHATHA,',I COU,~ITy
P.O. BOX 8344
SAVA2~;AH, GA 31412
(912) 652-7265
DATE 6-.q-Q3
_I~;FO TAKE~I BY S.RAY PER
LETTER
CUMBERLAND COUNTY REGI
717-240-6346 SU~
FREDERICK M. ES___HLEMAN E-14____32
~ed
DescriPtion s
Letters Testamentary
Letters of Administration
Letters of Guardianshio
Co of Entire Proceedinos
Exem lified COD
5[atria e License
O t___~her
~dult
__Plain
~lain
I EXEMPLIFIED COPY OF ENTIRE PROCEEDINGS
Unit Total
rice 'ce
TOTAL $19.00
No. 21-2003-467
Estate Of FREDERICK M. ESHLEMAN , Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW
June 6
{9~ 200~ '_'__,oolxxxx
IT IS DECREED that the instrument(s) dated an ~xomp] ~ ~:~,:~ Copy
described therein be admitted to probate and filed of record as the last will of
Frederick M. Eshleman
and Letters Testa~nentarv - ExemD] ~fied Co_Dy filed
- Feb~mry 27th, 2001
are hereby granted to Yvonne M. Esh~eman
PAGE
FEES
Probate, Letters, Etc .......... $.
Short Certificates( ) .......... $
Renunciation ................ $
Exemplified '~- 218.00-_
TOTAL _ $~~_~.
Filed ....q .uj)..e..6. :2.9.03....: ..............
A'I-FORNEY (Sup. Ct. I.D. No.)
ADDRESS
PHONE
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of No.
also known as To:
Register of Wills for the
, Deceased. County of / . in the
Social Security No. Commonwealth of Pennsylvania
The petition of tl~e undersigned respectfully represents that:
Your petitioner(s~ who is/are 18 years of age or older an the execut named
in the last will of the above decedent, dated ,19
and codicil(s) dated
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled'at death in County, Pennsylvania, with
last family or principal residence at
(list street, number and muncipality)
Decendent, then yeb, rs of age, died ,19. ,
at
Except as follows, decedent did nOt, marry, was not divorced and did not have a child born or adopted
after execution of the will offered for ~obate; was not the victim of a killing and was never adjudicated
incompetent:
Decendent at death owned property witl~X\estimated values as follows:
(If domiciled in Pa.) All persona~ property $
(If not domiciled in Pa.) Personal prbperty in Pennsylvania $
(If not domiciled in Pa.) Personal property in County $
· $
Value of real estate in Pennsylvania \
situated as follows: \
WHEREFORE, petitioner(s) respectfully
presented herewith and the grant of letters
theron.
requekt(s) the probate of the last will and codicil(s)
(test~nentary; administration c.t.a.; administration d.b.n.c.t.a.)
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA ~ s~5
COUNTY OF
The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are
true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen-
tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law.
Sworn to or affirmed and subscribedf ~'
before me this day of ~
Register ~
CUMBERLAND COUNTY REGISTER OF WILLS
CUMBERLAND COUNTY SOURTHOUSE
I COURTHOUSE SQUARE
CARLISLE, PA. 17013
ATTN: SUE