HomeMy WebLinkAbout10-28-11
PETfTION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of Paul A. Miller
also known as
COUNTY, PENNSYLVANIA
File Number 21-11 ~~a'
,Deceased Social Security Number 201-18-5127
Jean L. Miller
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE A' or `13' BELOW.•)
® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) islare the Executrix named in the
last Will of the Decedent, dated 05/1$/1998 and codicil(s) dated
State relevant circumstances, e.g., enunciation, death of executor, efc.
After the execution of the documents offered for probate: Decedent did not marry; was not divorced; was not a party to a pending divorce proceeding
wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323 (g); did not have a child born or adopted; was not the victim of
a killing; and was never adjudicated an incapacitated person, except as follows:
B. Grant of Letters of Administration
(Ireppficable, enter.' c.t.a.; d.b.n,c.l.a.; pedentelite; duranteabsentia; duranteminoritate)
Petitioner(s), after a proper search, has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (if
Administration, c.t.a, or d.b.n.c.t.a., enter date of Wilt on Section A above and complete list of heirs); was not the victim of a killing; was never
adjudicated an incapacitated person; and was not a party to a pending divorce proceeding wherein grounds for divorce had been established as
provided in 23 Pa. C S.A. § 3323 (g), except as follows:
Name Relationship Residence r~.:~
Jean L. Miller Spouse 735 Walnut Bottottd -- -,_, -r,
S
Shi ensbur , PA
. 57 ~' `-' ~ --~
h rn tv ,-;
.,
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,
(COMPLETE /N ALL CASES:) Attach additional sheets if necessary. ~ ~ -:- f'r :-ri
Decedent was domiciled at death in ; Cumberland County, Pennsylvania with his /her last principa~sidence at .,r-- `~'~ ~
C~.•
735 Walnut Bottom Road. Shipgensbura. Southampton Township. Cumberland Countv
(List street address, town/city, township, county, state, zip code)
Decedent, then ~~ years of age, died on 12116/2006 at 735 Walnut Bottom Road, Shippensburg, PA 17257
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) Atl personal property
(1f not domiciled in PA) Personal property in Pennsylvania
(If not domiciled in PA) Personal property in County
Value of real estate in Pennsylvania
g 515,865.00
Total 515,865.00
situated as follows: Southampton Township, Cumberland County
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
Signature Typed or printed name and residence
Jean L. Miller 735 Walnut Bottom Road
„ _ _ _ _ Shippensburg, PA 17257
Form Rt/tf--02 Rev. 12-26-2010 (interim /orm, pending action by the Court1 Copyright (c) 2006 form software only The Lackner Group, Inc. Page t of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA } SS
COUNTY OF Cumberland }
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 representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
r •,;
before me this o! O day of ~ ".._: ~-~
Signature of Personal Representative i1 ~ f~- ~ ~^
Cf~ ~ CU
For the Register Signature of Personal Representative ~ ~ ~ -,., - _
c.~ O
--r,
File Number: 21-11 - ~ t~j5(
Estate of Peul A. Miller ,Deceased
Social SC_ ~ Numb=201-1~8-/5127 '~j~~ ~ Date of Death: 12/16/2006
AND NOW, ~.;~ ~ ~_ , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Jean L Miller
in the above estate
and that the instrument(s) dated 05/18/1998
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES ~~ ~
Letters .......................................... $
Short Certificate(s) ....................... $ t U~
Renunciation(s) ............................ $
$~~a~, s
$ ~.
$
$
$
$
$
$
TOTAL ................................... $ ~ lJ r
Jean L. Miller
At1
Atl
Shippensburg, PA 17257
Telephone: 717/532-7388
Form R W-O2 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc.
Page 2 of 2
Supreme Court I.D. No.:
Weigle ~ Associates, P.C.
address: 126 East King Street
H1O5.8O5 REV 1/OS - - - _ ... f1 J/~~ - - -
This is to certify that the information here given is correctly copied from an original certificate of ~Liath 8u1y filed with me as
Lucal Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
13~280Q9
No.
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Local Registr~~~
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~~~ CERTIFICATE OF DEATH STATE F7lE NUMBER
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JRZ - 5.1 miller.paul May 18, 1998 ~/ //
I
LAST WILL AND TESTAMENTi~
I, Paul A. Miller, of 735 Walnut Bottom Road, Cumberland
County, Shippensburg, Pennsylvania, declare this to be my last will
and testament and revoke any will or codicil previously made by me .
ITEM I: I direct that all my just debts, except as may be
barred by a Statute of Limitations, and my funeral expenses,
including my gravemarker and expenses of my last illness, shall be
paid from my residuary estate as soon as practicable after my
decease as a part of the administration of my estate.
ITEM II: I give and bequeath all my tangible personal
property, including but not limited to, any and all automobiles and
other motor vehicles, household goads and furniture and
furnishings, china, silverware, jewelry, ornaments, wox•ks of art,
books, pictures, wearing apparel and personal ef-Eects, but
excluding cash on hand and tangible evidences of intangible
personal property, together with any policies ofn insurce
applicable thereto including any prepaid premiums the~'~n tc~3my,':--
spouse, or if my spouse fails to survive me, to my so23~,~~wi~ C.
."7 <: ~ -r
Miller. t'J --9
ITEM III: If my spouse survives me, I devise andi~ queath tq_~;a
e.. --~-,
my Trustee hereinafter named, to be held in a separate trust (the
non-marital or by-pass trust) the maximum amount that can pass at
my death free of Federal estate tax because of the unified credit
and all other credits or deductions applicable to my estate other
than the marital deduction, provided however, that the credit for
state death taxes shall be taken into account only to the extent
~ , ~ A ~,
that doing so does not result in state death taxes that would
otherwise not be payable. The amount of this non-marital gift and
its funding shall be governed by the following:
A. The amount of this non-marital gift shall be reduced
by the aggregate of (1} all items includable in my estate for
Federal estate tax purposes which either are taxable gifts
made during my lifetime or are disposed of in previous
articles of this will or pass outside of this will, but only
if such items do not qualify for the Federal estate tax
marital deduction or the Federal estate tax charitable
deduction and (2) the amount of any administration expenses
claimed as income tax rather than estate tax deductions.
B. My executor shall allocate and set aside or
distribute to this non-marital gift any (up to all) assets (or
proceeds of assets) which do not qualify for the marital
deduction for Federal estate taxes. In no event shall assets
1 be distributed in kind to this non-marital gift to the extent
the effect would be to permit diminution of the marital
deduction gift, created in Item IV below, by more than a pro-
rata share of all depreciation occurring in my estate between
the date of my death and the date of distribution to this
trust. Any allocation of assets between this non-marital gift
and the marital deduction gift shall, with respect to each
share, be comprised of assets having an aggregate market value
at the time of allocation fairly representative of the net
appreciation or depreciation in value to the date of
Page 2
1,
1
distribution of all assets then available for distribution.
C. My Trustee shall hold this non-marital gift, IN
TRUST, for the following uses and purposes and under the
following terms and conditions:
1. My Trustee shall pay the net income to or
for the benefit of my spouse during my spouse's
life, at least as often as quarter-annually.
2. In the event my spouse disclaims all or
any portion of the right to the net income, such
disclaimed portion shall be payable to my son,
Edwin C. Miller, and this disclaimer shall not act
to accelerate the remainder interest provided for
in subparagraph 5 below.
3. In addition to the net income as set forth
above, my Trustee may distribute such additional
amounts of principal to or for the benefit of my
spouse as the Trustee, in Trustee's sole
discretion, deems advisable for the education,
health, support and maintenance in reasonable
comfort of my spouse, after taking .into account
other income or assets which are available to her.
4. My Trustee may apply any distributions
from this trust for the benefit of my spouse,
should she by reason of age, illness or any other
cause in the opinion of my Trustee be incapable of
appropriately receiving or disbursing it.
Page 3
-. ,•
5. Upon the death of my spouse, the then-
remaining principal and any undistributed income
shall be distributed to my son, Edwin C. Miller.
In the event my son predeceases me or dies on or
before the time set for distribution of this trust,
principal and any undistributed income of the trust
shall be distributed to the issue, per stirpes, of
my said son living at the time set for
distribution, and in default of any then-living
issue, distribution shall be made to the. David S.
Miller Trust which my spouse and I established by
trust agreement dated February 27, 1995. In the
event the aforesaid trust is not in existence at
the time set for distribution, then the trust shall
be distributed as follows:
a. One-half thereof to United Cerebral Palsy of
the capital area, Camp Hill, Pennsylvania, or
its successor, to be used for the alternatives
program or the support of group homes;
b. One-half thereof to the Cumberland County
Association for Retarded Citizens or its
successor;
ITEM IV: I devise and bequeath all the residue of my estate
of every nature and wherever situate (the marital gift} to my
spouse, Jean L. Miller, providing my spouse shall survive me by
thirty days.
Page 4
~ ~,
ITEM V: I remind my spouse, (and my spouse's personal
representative, guardian, agent acting under a power of attorney or
other representative) that my spouse may disclaim any part or all
of any gift passing to my spouse hereunder or otherwise as a result
of or by virtue of my death. In particular it may be desirable for
my spouse to disclaim a portion of the marital gift, Item III or of
other property passing otherwise by reason of my death, and if my
spouse does so (either personally or by personal representative,
guardian or agent acting under a power of attorney) the disclaimed
portion shall pass as herein provided for and as if my spouse had
died before my death. This may be desirable even if the result of
such disclaimer and passing should be the payment of Federal estate
taxes by my estate.
ITEM VI: Any property disclaimed by my spouse except as is
otherwise specifically provided otherwise elsewhere in this will or
any other applicable and relevant document, shall. pass under the
provisions of Item III hereof.
ITEM VII: Should my spouse predecease me, I devise and
bequeath all the residue of my estate of every nature and wherever
situate to my son, Edwin C. Miller. In the event my son, Edwin C.
Miller, predeceases me or dies on or before the thirtieth day
following my death, I give and devise the residue of my estate of
every nature and wherever situate to the issue, per stirpes, of my
said son living on the thirty-first day following my death. In
default of any such then-living issue, the same shall be
distributed to the David S. Miller Trust which my spouse and I
Page 5
` I , 1 ,
established by trust agreement dated February 27, 1995. In the
event the aforesaid trust is not in existence at the time of my
death, then I give, devise and bequeath the residue of my estate of
every nature and wherever situate as follows:
A. One-half to United Cerebral Palsy of the capital area,
Camp Hill, Pennsylvania, or its successor, to be used for
the alternative program or the support of group homes.
B. One-half thereof to the Cumberland County Association for
Retarded Citizens or its successor.
ITEM VIII: If distribution is to be made to a natural person
as a beneficiary of all or a portion of the remainder of my estate
under this my last will and testament, but such beneficiary has not
attained the age of thirty years at the time of distribution to
such beneficiary, then I give, devise and bequeath the share of
such beneficiary to Orrstown Bank, Orrstown, Pennsylvania, as
trustee, IN SEPARATE TRUST, NEVERTHELESS, to hold, manage, invest
and reinvest the share so received and the accumulation of income
thereon, and to use and apply the income and principal or so much
thereof as in the trustee's discretion may be necessary or
appropriate for such beneficiary's maintenance, support and
education (including any formal education or training beyond high
school), without regard to any other means for maintenance, support
or education, or to make payment for these purposes without further
responsibility to such beneficiary or to such beneficiary's
guardian or to any person taking care of such beneficiary. When
each beneficiary attains the age of twenty-five years, the said
Page 6
~ ~ f ~
beneficiary may then or thereafter withdrawn, in the aggregate,
one-half of the value of the remaining principal and accumulated
income as of that beneficiary's twenty-fifth birthday, by written
notice or notices delivered to trustee and intended to take effect
during lifetime. When each beneficiary attains the age of thirty
years, such beneficiary's trust shall terminate and the principal
and accrued income thereof shall be distributed to such beneficiary
absolutely. If a beneficiary for whom a trust is created hereunder
dies before attaining the age of thirty years, such beneficiary's
trust shall terminate, and the principal and accrued income thereof
shall be distributed to the issue of such deceased beneficiary
living at the time of such distribution, per stirpes; and if such
deceased beneficiary shall leave no issue living at the time of
such distribution, then the same shall be distributed, in trust, to
the trustee of the aforesaid David S. Miller Trust which my spouse
and I previously established, naming my spouse and myself as
~ trustee, Edwin C. Miller as successor trustee, and Delores Stough
as second successor trustee, with regard to my child, David S.
Miller, as part of that trust for the uses and purposes and under
the terms and conditions as therein set forth, so long as such
trust is in existence at the time of such distribution; and if such
trust with regard to my said child is not in existence at the time
of such distribution, then the same shall be distributed to the
issue of my son, Edwin C. Miller, who are living at the time of
such distribution, per stirpes, or if a trust is established under
this my last will and testament for any such issue, then such
Fage 7
issue's share shall be distributed, in trust, to that trust for the
uses and purposes thereof; and if my son, Edwin C. Miller, leaves
no issue living at the time of such distribution, then the trustee
shall distribute the aforesaid principal and accrued income unto
the estate of such deceased beneficiary.
ITEM IX: All Federal, state and other death taxes payable
because of my death with respect to the property forming my gross
estate for tax purposes, whether or not passing under this will,
including any interest or penalty imposed in connection with such
tax and not caused by negligent delay, shall be considered a part
of the expense of the administration of my estate and shall be paid
from the non-marital portion of my estate under Item III or under
Item I'(1 without apportionment or right of reimbursement, except for
the following specified death taxes, which shall be payable from
the sources specified herein (and if no source is specified, from
the source determined under the provisions of Chapter 37 of the
Pennsylvania Probate, Estates and Fiduciaries Code, as in effect on
the date of execution of this will):
A. Any tax imposed by Chapter 13 of the Internal Revenue
Code of 1986, as amended, (herein called "Code") (generation-
skipping transfer tax) shall be payable from the property
constituting such taxable transfer (except as may be provided
otherwise in later provisions hereof or in relevant trust
instrument);
B. Any tax resulting from the inclusion in my estate of
any qualified retirement plan benefit under Code Section
Page 8
~ ~ I ~
2039(b) (whether such amounts are included in the probate
estate) and any tax resulting from excess retirement
accumulation under Code Section 4980A(d), shall be payable by
the recipient(s) of any such benefits.
C. Any tax resulting from the inclusion of any property
in my estate under Code Section 2044 and/or Code Section
2056(b)(7) (certain property for which marital deduction was
previously allowed), whether or not such taxes are statutorily
payable by my estate or the recipient of any such property
shall be payable by the recipient of or from such property.
D. Any additional estate tax imposed by Code Section
2032A (valuation of certain farms, etc., real property) shall
be payable by the qualified heir or heirs whose actions result
in the imposition of such additional estate tax.
E. Any tax resulting from the inclusion in my estate
under Code Section 2040 of the value of any jointly-owned
property shall be payable by the surviving joint tenant(s) of
such property.
F. Any tax resulting from the inclusion in my estate
under Code Section 2042 of the proceeds of life insurance
shall be payable by the beneficiary(s) of such life insurance.
G. Any tax resulting from the inclusion in my estate
under Code Section 2041 of the value of any property subject
to a power of appointment, shall be payable by the appointee
of such property.
H. Any tax payable from a trust or other source which
Page 9
` , ~ 1 ~ ~ 1
instrument specifically provides therein for the payment of
taxes shall be paid as provided for in the relevant
instrument.
I. I authorize my executor, in my executor's sole
discretion, to make an election, in whole or in part, to cause
a Pennsylvania inheritance tax to be payable by my estate on
property passing to or for the benefit of my spouse or to
defer the Pennsylvania inheritance tax on such property. My
executor shall be without liability to anyone for making or
failing to make such election.
ITEM X: My executors, trustees and guardians, whether
masculine or feminine, singular or plural, individual or corporate,
` as may from time to time be qualified or acting, (herein sometimes
referred to as "fiduciaries" or "fiduciary") shall have the
following powers in addition to those vested in them by law and by
other provisions of my will applicable to all property, whether
principal or income, including property held for minors,
exercisable without court approval, and effective until actual
distribution of all property:
A. The executor and trustee shall have full power and
authority to manage and control the trust estate, to borrow
money from any source (including the power to borrow from a
Trustee or any affiliate of a Trustee) and to sell, exchange,
lease, grant options, rent, mortgage, pledge, assign, transfer
or otherwise dispose of or encumber (including sales to a
Trustee) all or any part of the trust estate (for terms
Page 10
extending beyond the termination of the trust estate or
otherwise}, upon such terms and conditions as the Trustee may
see fit. The Trustee may invest and reinvest all or any part
of the trust estate in such stocks, common and preferred
(including the corporate stock of any corporate Trustee, or
any of its affiliates), debentures, shares or participation in
any common or mutual fund, interests in any general, limited,
or limited liability partnership or in any limited liability
company, bonds, notes, repurchase agreements and deposit
accounts of any kind from or in any bank (including any
corporate Trustee, or any of its affiliates), savings and loan
association or other financial institution or brokerage firm,
stock options and warrants, securities or other property, real
or personal, within or without the :State of Pennsylvania,
domestic or foreign, whether or not of the class or kind now
or hereafter ordinarily approved or held to be lawful for the
investment of trust funds, as the Trustee may, in the
Trustee's discretion, select. The Trustee may make and change
such investments from time to time according to the Trustee's
discretion, and the Trustee may continue to hold any stocks,
securities or other property received by the Trustee hereunder
without any duty of diversification. The Trustee may
determine whether any money or other property coming into the
Trustee's hands, concerning which there may be reasonable
doubt, shall be considered as a part of the principal or
income of the trust estate, and may apportion between such
Page 11
principal and income any loss or expenditure in connection
with the trust estate as to the Trustee may seem equitable,
taking account of all present and future interests in the
trust estate. The Trustee shall not be obligated to amortize
premiums for trust securities out of income nor make additions
to income because of the purchase of securities at a discount.
The Trustee may exercise all options and all conversion,
subscription, voting and other rights of whatsoever nature
held by or pertaining to any pro~oerty, including securities of
the corporate Trustee or any affiliate thereof, held by the
trust estate. Any corporate Trustee shall not disclose the
name, address, or share position of the beneficial owner(s) of
registered securities held by the corporate Trustee or its
1
nominees unless the beneficial owner(s) request otherwise in
writing. It is the intention of the testator that the Trustee
shall have the authority to invest in such ways as shall give
due consideration for the theories of total return investing,
modern portfolio theory, and the theory of risk and return.
Accordingly, the Trustee is authorized to invest in any type
of investment which plays an appropriate role in achieving the
investment goals of the trust, which investment shall be
considered as part of the total portfolio. It is my specific
direction that no category or type of investment shall be
prohibited. I specifically do not wish to limit the universe
of trust investments in any way other than is dictated by the
Trustee's exercise of reasonable care, skill, and caution. In
Page 12
connection with the Trustee's investment and management
decisions with respect to this trust, the Trustee is
specifically entitled to take in account general economic
conditions, the possible effect of inflation or deflation, the
expected tax consequences of investment decisions or
strategies, the role which each investment or course of action
may play within the overall trust portfolio which may include
financial assets, interests in closely held enterprises,
tangible and intangible personal property, and real property;
the expected total return from income and the appreciation of
capital; other resources of the beneficiaries; the needs for
liquidity; regularity of income and preservation or
appreciation of capital; and the asset's special relationship
or special value, if any, to the purposes of the trust or to
one or more of the beneficiaries. Nor shall my Trustee be
limited to any one investment strategy or theory, including
modern portfolio theory, the efficient markets theory or
otherwise, but shall be free to consider any appropriate
investment strategy or theory under all the circumstances.
The Trustee may delegate investment and management functions
which a prudent person of comparable skills would properly
delegate under the circumstances. Should the Trustee delegate
such function, the Trustee shall exercise reasonable care,
skill and caution in selecting an agent, establishing the
scope and terms of the delegation consistent with the purposes
and terms of the trust, and periodically reviewing the agent's
Page 13
actions in order to monitor performance and compliance with
the terms of the delegation. Should such delegation occur as
set forth above, the Trustee who complies with the
requirements for delegation shall not be liable to the
beneficiaries or to the trust for the decisions and actions of
the agent to which the function was delegated, but by
accepting the delegation of a trust function by the Trustee of
this trust, the agent submits to the jurisdiction of the
courts of this state.
B. Any fiduciary hereunder may renounce or resign at any
time with or without cause.
C. No fiduciary shall be required to file bond, execute
any instrument appointing anyone to accept service of process,
or file inventories or accounts of any kind, except as ordered
to do so by a court of competent jurisdiction or as required
to do so under a state statute not providing for release of
~ such requirements by a testator.
D. If there is no corporate fiduciary acting hereunder,
my executor or trustee may designate a corporation (regardless
of where organized or headquartered) with fiduciary powers to
act as agent or custodian hereunder, may delegate to it such
duties as may be appropriate (including investment
recommendation duties), may pay to it reasonable compensation
for its services, and may discharge it with or without cause.
E. To cause the title to any property held hereunder to
stand in the name of a nominee or nominees.
Page 14
F. To compromise, submit to arbitration or release any
claim of my estate or any trust hereunder against others and
to pay, compromise, or submit to arbitration any claim of
others against my estate or any trust hereunder.
G. To exercise any law-given option to pay death taxes
in installments, the payment of interest due on such
installments to be a charge against principal.
H. To exercise any law-given option to treat
administrative expenses either as income tax or as estate tax
deductions, without regard to whether the expenses were paid
from principal or income.
I. To receive other property of any type acceptable to
the Trustee, including, but not in way of limitation, life
insurance proceeds, which may be devised, bequeathed,
assigned, granted, conveyed or made payable to the Trustee by
any other person, to be added to and administered in
accordance with the then-applicable provisions of the trust or
trusts hereunder; provided, however, if more than one trust is
then being administered hereunder, such other person may
specify, in the instrument of transfer, among which trusts,
and in what proportions such property shall be allocated.
J. To treat the entire trust estate as a common fund for
the purpose of investment, notwithstanding any provision
herein for division thereof into separate shares or separate
trusts.
K. Any trust beneficiary will have the right at any
Page 15
reasonable times to request of and receive from the Trustee a
written accounting of such matters pertaining to the
administration of the trust as are pertinent to that
beneficiary. In the Trustee's discretion, income tax returns
of the trust may be used to satisfy such request.
L. In making distribution of my estate, my executor (and
in making distribution of any trust, my Trustee) is hereby
granted the power to make non-prorata distribution of assets
in kind.
M. My Trustee in addition to other powers granted shall
have the authority to purchase life insurance on the lives of
any or all beneficiaries of the trust. In addition, specific
authority or power is granted to pay premiums on existing
policies as well as those purchased after the creation of the
trust even though said policies may not be owned by or payable
to the Trustee as beneficiary. Premiums may be paid from the
income of the trust estate or, if necessary, from principal.
N. Should the principal of any trust herein provided for
be or become so small that, in the Trustee's discretion,
establishment or continuance of trust is inadvisable, my
Trustee or my personal representative may make immediate
distribution of the then-remaining principal and any
accumulated or undistributed income outright to the person or
persons and in the proportions they are then entitled to. If
any such person is then a minor, distribution may be made to
that person's guardian, or to a person selected by the Trustee
Page 16
to be custodian for such person until the age of twenty-one
years under the Pennsylvania Uniform Transfers to Minors Act.
O. To pay from the principal of the trust created under
Item III the funeral and administrative expenses of my estate,
the inheritance, succession and estate taxes imposed thereon
or payable thereby, and the debts thereof, including any
mortgage indebtedness.
P. To pay from the income or principal of the trust
created under Item III hereof, monthly payments on any
mortgage on real estate owned by me individually or jointly
with another person at the time of my death, if my Trustee
deems it advisable not to prepay any such mortgage.
Q. My fiduciaries, generally, shall have full power and
r
authority to exercise all rights and privileges appurtenant to
any property held by my fiduciaries, and to execute and
~ deliver any and all instruments which may be necessary or
expedient in the exercise of the powers granted herein.
R. Any fiduciaries are authorized to make distributions
in any manner which said fiduciary deems to be in the best
interest of a beneficiary, including:
1. To such beneficiary directly, including mailing
to said beneficiary's last-known address or depositing to
the beneficiary' s bank account or to a bank account to be
opened by said beneficiary; and
2. Directly to third persons for the sole benefit
of such beneficiary or such beneficiary's dependents.
Page 17
., ~ .
3. To an existing trust (or fund thereof) for the
sole benefit of such beneficiary and providing no less a
right to present enjoyment of income and principal that
would be the case under the trust hereunder; provided,
however, that as to the marital deduction share
distributable to my spouse as provided for in ITEM IV if
at the time for distribution thereof my executor or
trustee believes, in said fiduciary's discretion, that my
spouse is incapable, because of age, illness or other
infirmity, from appropriately receiving and disbursing
such distribution and should there not then be a trust in
existence, the distribution into which would qualify for
the marital deduction for Federal estate taxes, then, in
that event, my executor may in my executor's discretion,
distribute the marital share to my Trustee hereinafter
named to be held, administered and distributed for the
benefit of my spouse under the following terms and
conditions:
a. My spouse shall be paid the entire net
income from the principal in such periodic
installments as my Trustee shall find convenient,
but at least as often as quarter-annually.
b. My spouse is hereby given power to appoint
by will to my spouse's estate or to others, in such
manner and for such estates as my spouse may
appoint, exercisable only by specific reference by
Page 18
' ~ ~ ~ ~ , .
my spouse alone and in all events over the
principal of this trust.
c. My spouse is hereby given a power to
appoint from time to time during my spouse's
lifetime, to any of my then-living issue, either
outright or in trust, such amounts of the principal
of this trust as my spouse, in my spouse's sole
discretion, shall designate by written instrument
delivered to my Trustee during my spouse's lifetime
with specific reference hereto.
d. As much of the principal of this trust as
my Trustee may from time to time, in its
discretion, think advisable for the support and
maintenance in reasonable comfort of my spouse and
for the protection and preservation of my spouse's
property or during illness or emergency shall be
either paid to my spouse or else applied directly
for my spouse's benefit by my Trustee.
e. If my spouse shall fail, either wholly or
in part, to exercise effectively the power of
appointment created in either sub-paragraph b. or
c. hereof, the unappointed principal shall be added
to, and thereafter treated as part of, the
principal of my residuary estate passing under Item
VII hereof.
f. If any provision of this section shall
Page 19
~.
result in depriving my estate of the marital
deduction for Federal estate tax purposes, such
provision is hereby revoked and this section shall
be read as if any portion thereof inconsistent with
allowance of the marital deduction for Federal
estate tax purposes is null and void.
4. The receipt for any distribution made in
conformity with the above provisions will fully discharge
Trustee from any further liability for that distribution.
5. No fiduciary will exercise any discretionary
authority to distribute principal or income for the
benefit of any beneficiary to reimburse any governmental
entity which may have incurred expense for the benefit of
that beneficiary or pay any obligation of a beneficiary
if that expense or obligation. is otherwise payable by any
governmental entity or pursuant to any governmental
program of reimbursement or payment.
6. Trustee shall have the authority and power, with
a view towards administration of income taxes, to deal
with income other than the Distribution Amount in any one
or more of the following ways:
a. To accumulate income;
b. To distribute income to a custodian for
the benefit of Settlor's minor (under age twenty-
one) children, under the Uniform Transfers for
Minors Act of any appropriate state. The custodian
Page 20
may be the Trustee (other than Settlor's spouse} or
may be selected by the Trustee;
c. To distribute income to a child of
Settlor's who is twenty-one years of age or older.
These powers may be exercised or not exercised
by Trustee in Trustee's absolute discretion and may
be exercised in differing amounts, or differently
in different years and no beneficiary shall have
any claim against Trustee or right of reimbursement
from Trustee or the trust on account of Trustee' s
exercise or non-exercise of any of these powers.
S. The situs of any trust created hereunder shall be in
the County of Cumberland and State of Pennsylvania, and all
questions pertaining to the construction or validity of the
provisions of this instrument shall be governed by the laws of
that state (other than its conflicts of laws provisions).
Despite the foregoing, the Trustee may, at any time and from
time to time, change the situs of any trust created hereunder
as the Trustee in Trustee's sole discretion deems desirable
for the benefit or security of this trust. The Trustee may
elect (or decline to elect) the law of a different
jurisdiction and thereafter the court of such other
jurisdiction shall have the power to effectuate the purposes
of this instrument to such extent. The Trustee may change the
situs of any trust created hereunder, and may change the situs
of one trust without changing the situs of other trusts
Page 21
created hereunder. This is a continuing power which will not
be exhausted by its use. The determination of the Trustee as
to the change of situs shall be conclusive and binding on all
persons interested or claiming to be interested in any trust
hereunder.
T. In any proceeding, legal or equitable, formal or
informal, in court or out of court, in any jurisdiction,
concerning any property or personal rights or interests,
whether vested or contingent, which arise hereunder, the
interests of the following peY•sons shall be represented as
hereinafter provided for:
1. In the case of beneficiaries whose whereabouts
cannot be ascertained, Trustee or executor will represent
them.
2. In the case of beneficiaries who are unborn,
unknown, incompet.erit , or otherwise subject to the
appointment of a guardian and a guardian for such
beneficiary has not been designated, the following
persons in the order named will represent them:
a. The oldest competent parent, or if there
is no competent parent, the oldest competent
grandparent, of such beneficiary;
b. The oldest competent sibling;
c. The oldest competent child, or if there is
no competent child, the oldest competent child of a
sibling of such beneficiary;
Page 22
i 1 ~ 1 i 1.
~ i
3. Unborn beneficiaries will be represented by
their parent who is related most closely to me. No
person will represent a beneficiary if it could or would
result in an increase of Federal or state income, gains,
gift, death or other taxes.
U. If there are co-fiduciaries serving hereunder, they
may delegate any and all management duties and
responsibilities to one of them. My co-fiduciaries may, for
example, designate one of them to maintain a bank account or
accounts, and in that instance the signature of only that
fiduciary shall be required to open and maintain such account,
to deposit funds to such account and to write checks on such
account.
V. Any individual fiduciaries shall have jointly with
any corporate fiduciary all the powers given to the
fiduciaries, except that no individual fiduciary shall
participate in the exercise of any discretion to determine the
propriety or amounts of payments of income or principal to the
individual fiduciary or to any person to whom the individual
fiduciary is legally obligated, or possess any of the
incidents of ownership with respect to any policy of insurance
on the individual fiduciary's life, and the remaining
fiduciaries alone shall exercise that discretion and possess
those incidents of ownership.
W. In the event of any disagreement between or among my
fiduciaries, the decision of a majority of my fiduciaries
Page 23
;, '
,~ ,,
shall control. No fiduciary shall be liable for any loss
resulting from a decision in which that fiduciary did not
join.
X. It will be sufficient authority for any person to
deal with any successor or substitute fiduciary if the
successor delivers to that person a signed written statement
that the predecessor fiduciary is either deceased, has
resigned or is because of some disability unable to act or
continue to act and that the fiduciary is the duly appointed
successor fiduciary. Such authority will remain in effect
until such time (if any) that the predecessor fiduciary gives
written notice that it is no longer effective. During the
interim, acts taken pursuant to such authority will be valid
as if taken by or with the predecessor fiduciary directly.
Y. In establishing the inability of a fiduciary to act
or continue to act hereunder, the statements of twc licensed
doctors of medicine shall be sufficient to establish such
~ incapacity and third persons are protected in relying upon
such statements without any further act or notice. No further
act on the part of any party hereto or of any court shall be
necessary to vest in a successor fiduciary the fiduciary
powers and duties in the supervision and management of the
trust and/or estate.
ITEM XI: I appoint my wife, Jean L. Miller, as executrix of
this my last will. Should my wife fail to qualify or cease to act
as executrix I appoint my son, Edwin C. Miller, as executor of this
Page 24
r
» ~ ,,, ~ , ,
my last will. Should my son fail to qualify or cease to act as
executor, I appoint the Orrstown Bank, Shippensburg, Pennsylvania,
as executor of this my will.
ITEM XII: I appoint the Orrstown Bank, Shippensburg,
Pennsylvania, trustee of any trusts created by this my last will.
ITEM XIII: I direct that my executor or trustee or their
successors shall not be required to give bond for the faithful
performance of their duties in any jurisdiction.
ITEM XIV: Any corporate fiduciary shall be entitled to
compensation based upon its regular schedule of fees for such
services in effect from time to time during the period over which
its services are performed.
ITEM XV: Any individual fiduciary shall be entitled to
reasonable compensation for services rendered from time to time
and/or to reimbursement of out-of-pocket expenses.
ITEM XVI: I specifically give unto my attorney, Joel R.
Zullinger, Esquire, or if unable or unwilling to act, Hamilton C.
Davis, Esquire, (or the successor to their firm), as the case may
be, in my attorney's sole discretion, the right and authority to
revoke the appointment of any corporate fiduciary designated in my
will or in any codicil thereto, provided that my attorney consult
prior to doing so with my spouse and at her death, my son, Edwin C.
Miller, and my attorney simultaneously appoint a substitute
corporate fiduciary. Anything herein to the contrary
notwithstanding, it is my intention that there shall at all times
be serving hereunder at least one Trustee who is not a "related or
Page 25
• ~ ~ ~ ~, r ~
subordinate party" as defined in Code Section 672(c), and is not a
"member of the family" as defined in Code Section 2704(c)(2), with
respect to me or any beneficiary hereunder.
ITEM XVII: The interests of the beneficiaries hereunder shall
not be subject to anticipation or to voluntary or involuntary
alienation.
IN WITNESS WHEREOF, I hereunto set my hand and seal to this my
last will and testament, written on twenty-seven sheets of paper,
dated this ~~day of 19~.
_ p p~~
tZt~C ~ - ~`// ~G~~.~~N ( SEAL )
Signed, sealed, published and declared by the above-named
testator as and for his last will and testament in our presence,
who in his presence, at his request and in the presence of each
other have hereunto set our hands as attesting witnesses.
q75~ ~~~~,~`~{ syQG Q~ ~7zs"~
~~l ~~
Ur~t.~~
We, Paul A. Miller, i~Jr ~ and
the testator and the wit esses respectively,
whose names are signed to the attached or foregoing instrument,
being first duly sworn, do hereby declare to the undersigned
authority that the testator signed and executed the instrument as
his last will and testament and that he executed it as his free and
voluntary act for the purposes therein expressed and that each of
Page 26
4 r1 .
~ y M ~,
the witnesses, in the presence and hearing of the said testator
signed the will as witnesses and to the best of their knowledge
said signer was at that time eighteen years of age or older, of
sound mind and under no constraint or undue influence.
Subscribed, sworn to and acknowledged
before me by the above-named signer and
subscribed and sworn to before me by the
above-named witnesses this / ~ day of
/17~-~ 19 ~
Notary Public
Patricia A. Corvireali, No
Shippensburg Bo% Cumbe~ar~ubCoun
MY Commissfon Expires March 9, 200
Member. ~nayNenq Awoclstlon W NotArila
Page 27
^:~f/ G~/L. lam( .~~y"!/_1~,~%"""
Testator