HomeMy WebLinkAbout12-06-11 (2)~..
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LAST WILL AND TESTAMENT J ~ ~'~ ,~
OF ';
HELEN M. MANN ~~' ~ .' -T
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I, HELEN M. MANN, of Upper Allen Township, Cumberland ~~
County, Pennsylvania, make, publish and declare this as and for
my Last Will and Testament, hereby revoking all other Wills and
Codicils heretofore made by me.
FIRST: I devise and bequeath all the rest, residue and
remainder of my estate of whatever nature and wherever situate,
including any property over which I hold power of appointment and
together with any insurance policies thereon, unto my husband,
ROBERT D. MANN, provided he survives me by sixty (60) days.
SECOND: Should my husband, ROBERT D. MANN, predecease
me or die on or before the sixty-first (61st) day following my
death, I devise and bequeath all the rest, residue and remainder
of my estate of whatever nature and wherever situate, including
any property over which I hold power of appointment and together
with any insurance policies thereon, as follows:
(A) I bequeath such of my tangible personal property
as is set forth in a separate dated and signed Memorandum, which
dated and signed Memorandum shall be placed with or attached to
this, my Last Will and Testament, to the individuals designated
therein. It is my intent that the last dated and signed Memoran-
dum shall control. If there is no Memorandum, it is my intent
that all of my tangible personal property shall be and become a
part of my residuary estate.
(B) I devise and bequeath all the rest, residue and
remainder, in equal shares, to my children, BARRY A. MANN,
GREGORY E. MANN, HOLLY L. RITCHEY, provided that should any of my
children predecease me, I give and bequeath such child's share
unto his or her issue per stirpes by representation, and if there
be a failure of same, then I give and bequeath such deceased
child's share to my surviving children as provided herein.
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THIRD: In addition to all powers granted to them by
law and by other provisions of this Will, I give the fiduciaries
acting hereunder the following powers, applicable to all proper-
ty, exercisable without court approval and effective until actual
distribution of all property:
(A) To sell at public or private sale, or to lease,
for any period of time, any real or personal property and to give
options for sales, exchanges or leases, for such prices and upon
such terms (including credit,` with or without security) or
conditions as are deemed proper. This includes the power to give
legally sufficient instruments for transfer of the property and
to receive the proceeds of any disposition of it.
(B) To partition, subdivide, or improve real estate
and to enter into agreements concerning the partition, subdivi-
sion, improvement, zoning or management of real estate and to
impose or extinguish restrictions on real estate.
(C) To compromise any claim or controversy and to
abandon any property which is of little or no value.
(D) To invest in all forms of property, including
stocks, common trust funds and mortgage investment funds, without
restriction to investments authorized for Pennsylvania fiduci-
aries, as are deemed proper, without regard to any principle of
diversification, risk or productivity.
(E) To exercise any option, right or privilege granted
in insurance policies or in other investments.
(F) To exercise any election or privilege given by the
Federal and other tax laws, including, but not necessarily being
limited to, personal income, gift and estate or inheritance tax
laws.
(G) To make distributions to my herein named benefici-
aries in cash or in kind or partly in each.
(H) To borrow money from themselves or others in order
to pay debts, taxes, or estate or trust administration expenses,
to protect or improve any property held under my will, and for
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investment purposes.
(I) To select a mode of payment under any qualified
retirement plan (pension plan, profit sharing plan, employee
stock ownership plan, or any other type of qualified plan) to the
extent the plan or the law permits them to do so, and to exercise
any other rights which they may have under the plan, in whatever
manner they consider advisable.
FOURTH: I direct that all inheritance, estate,
transfer, succession and death taxes, of any kind whatsoever,
which may be payable by reason of my death, whether or not with
respect to property passing under this Will, shall be paid out of
the principal of my residuary estate.
FIFTH: I nominate and appoint my husband, ROBERT D.
MANN, Executor of this, my Last Will and Testament. In the event
of the death, resignation or inability to serve for any reason
whatsoever of the said ROBERT D. MANN, I nominate and appoint
BARRY A. MANN, GREGORY E. MANN and HOLLY L. RITCHEY, Co-Executors
of this, my Last Will and Testament. I direct that my Executor
or Co-Executors, as the case may be, and their successors, shall
not be required to post security or a bond for the performance of
their duties in any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and
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seal to this, my Last Will and Testament, this %/~r~ day of
L' 1996.
_, r ~ yw~GLL~ r
(SEAL)
HELEN M. MANN
Signed, sealed, published and declared by the above-
named Testatrix as and for her Last Will and Testament in our
presence, who, at her request, in her presence and in the
presence of each other, have hereunto subscribed our names as
attesting witnesses.
Address
Address
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MEMORANDUM
In accordance with the provisions of Clause SECOND (A)
of my Last Will and Testament, dated , 1996, I
direct that the following described personal property be given
outright to those individuals so designated:
Date:
(SEAL)
HELEN M. MANN