HomeMy WebLinkAbout01-11-12Reset
PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in
support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form:
Decedent's Information
Name: Austin A. Towner
a/k/a:
a/k/a:
a/k/a:
Date of Death: January 6 2012
File No• ~~ ~ w
• (Assigned by Register)
Social Security No: 214-36-9322
Age at death• 72
Decedent was domiciled at death in Cumberland County, Pennsylvania _ (state) with his/her last
principal residence at 5 Bridle Lane. Camp Hill. PA 17011 Hampden Township Cumberland _
Street address, Post Office sod Zip Code City, Township or Borough County
Decedent died at 675 Willow Valley Sauare Lancaster PA 17602 West Lampeter Township Lancaster PA
Street address, Post Office and Zip Code City, Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania ............................ All personal property
If not domiciled in Pennsylvania ........................ Personal property in Pennsylvania
If not domiciled in Pennsylvania ........................ Personal property in County
Value of real estate in Pennsylvania ........................................................ .
TOTAL ESTIMATED VALUE... .
$ 2nn,laon.no
$ 200,000.00
Real estate in Pennsylvania situated at: 5 Bridle Lane Camp Hill PA 17011 Hampden Township Cumberland
(Attach additional sheets, if necessary.) Street address, Post Office and Zip Code City, Township or Borough County
A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated December 17, 2004 and Codicil(s)
thereto dated N/A
State relevant circurostsnces (eg. renunciation, death of executor, etc.)
Except as follows: after the execution of the instrument(s) offered for probate Decedent did not many, was not divorced, was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(8), and did not have a child born or
adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
NO EXCEPTIONS ~ EXCEPTIONS
0 B. Petition for Grant of Letters of Administration (If applicable)
c.t.a., d.b.n., d.b.n.c.t.a., pendente lite, durante absentia, durance minoritate
If Administration, c.t.a. or db.n.c.i+a., enter date of Will in Section A above and complete list of heirs.
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined
in 23 Pa. C.S. § 3323(8) and was neither the victim of a killing nor ever adjudicated an incapacitated person.
NO EXCEPTIONS ~ EXCEPTIONS
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 (attach
additional sheets, if necessary): <>
Name Relationshi Address _~'~ ~'
~
~
,.ry ~ """
~:' ~:~
~
~~ -
.-
~ ~f~
t`
,-,
ti _.
-;
Forn Rw oz rev. 10/11/2011 Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland }
To the Register of Wills:
Please enter my appearance by my signature below:
Petitioner(s) Printed Name
Elizabeth Anne Th rum Petitioner(s) Printed Add s , , ! ; -
~t'1~~J~,`.,~ v~.1i t,~i
127 S rin dale Lane Millersville PA 1755 ~ ~ - ~~~•~
i ~I
~ li
Sarah Towner Wri t ..
107 Rockhaven Court, Ca , NC 27518
The Petitioner(s) above-named swear(s) or afErrrt(s) 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, the Petition//e~~,,r(s) will well and truly administer the estate according to law.
Sworn to or affirmed d subscribed before ~hrvvuL. ~ Date ) I 1 - 2.-_
me thi ay ,~~ Date
By: ~ Date
or the Register Date
BOND Required: ®YES Q NO
FEES:
~G~
Letters ...................... $
c3 )Short Certificate(s)...... bC. '
( )Renunciation(s)........ .
( )Codicil(s) ............ .
( )Affidavit(s)........... .
Bond ........................
Commission ..................
Other ~J ~ 1 \
Automation Fee .............. .
JCS Fee .....................
TOTAL .....................
Phone: 717-612-5801
. S Fax: 717-612-5805
S _ ~G Email: PrttgP~~ccr,~, atfnrnP3C,c cnm
3i
DECREE OF THE REGISTER
Estate of Austin A. Towner
a/k/a:
AND N~
satisfactory
1 ~ ~ ~ , in consideration of the foregoing Petition,
;sented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Elizabeth Anne Thryum and Sarah Towner Wright
in the above estate and (if applicable) that
the instrument(s) dated December 17 2004
described in the Petition be admitted to probate and filed ~r~orc~ as they la t~Nill (and icil(s))
Attorney Signature:
Printed Name: l se E. Ro ers
Supreme Court
ID Number: 41274
Firm Name: Saidis, Sullivan & Rogers
Address: ('25 Nnrth 17th Street~~iita 400
1 ~117Ay~~PA 1704't
O iciaTlJs~:, ;~1
_ Iy
.~~,
File No• ~ I ~~~ _- ~~~~
1" v '~~" v v Pa e 2 of 2
Form RW-02 rev. 10/11/201 / +~
H 105.605 REV (011071
z LOCAL REGISTRAR'S CERTIFICATION OF DEATH
c~> ~°~~ WARNING: It is illegal to duplicate this copy by photostat or photograph.
~.~.~; -_., m
( cr
-- ~ ~,
Fee for this cert~fic~e, $6.~ ~ ~.` This is to certify that the information here given is
_ 4 ~ ~~ ~~ correctly copied from an original Certificate of Death
~~ ~; duly filed with me as Local Registrar. The original
`, , :~ --.+- ~;- certificate will be forwarded to the State Vital
~~- C.~~ ~:. Records Office for permanent filing.
~~ -~~~ f:-.. o ~ ~ JA 0 9 011
P 179281 ~~vn-~ H' ~
Certification Number Local Registrar Date Issued
GOM MONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
`~ TYPe/Print In
Permanent f"RRTIFICATF AF f1FOTN
Y
9
lack In k
1. De - -
2. Sex 3. Social Security Number 4. Date Of Death (MO Day/Vr) (Spell Mo)
^ M. 214-36-9322 01/06/2012
Co~iry)
Under Da 6. Date of Birth (MO/Day/Year) (Spell Month) 7a. Birt place (C~ and Mate or Forelgp
j
a
.
Months Dsys Hours Mlnutas P~BQ
__ 08/15/1939 7b. Birthplace (county) Cgrroll
8a. Residence (State or Foreign Country) 86. Residence (Street and Number -Include Apt No.) Sc. Did Decedent Live in a Township?
W111ow V$lley SCj . ~ Ves, decedent lived in W T arrter>p ter typ.
8d. Residence (County)
1 All([` sa 4 to Se. Residence (Zip Code) Q No, decedent Ilved within Iimlts of city/boro.
9. Ever In US Armed Forces? 10. Marital Status a[ Time of Death Q Married ~ Widowe li. Surviving Spouse's Name (If wife, give name prior to first marriage)
~ea Q No Q Unknown Q Divorced Q Never Married Q Unknown
12. Father's Name (First, Middle, Last, Suffix) 13. Mother's Name Prior to First Marriage (First, Middle, Las[)
Austin A. Yawner Sr. the
14a. Informant's Name 14b. Rllatlonshlp to Decedent 14c. Informant's Mailing Address (Street antl Number, City, State, Zip Code)
Elizabetkl Zt><
• et on pn~ ........ ............ ... ._ ... ----•-•• --- --•--.. ....... --•--
at. .at •------°-.........
Pviet ---PP~yf .... .---- •~ -- ---
-• ..................................................•---- ......-..................---.....-.......,............a•........................ -. ...
If Death Occurred In a Hospital: tJ Inpatient ~If Death Occurred Somewhere Other Than a HOapital: i-I Hospice Facility IJ Decadant'a Home
Emergen Room/Outpatient Q Dead on Arrival Nursing Home/Long-Term Cara Facility Other (Specify)
•
.~~~ 15b. Facility Name (If not Inatitutlon, give street and number; 15c. City or Town, State, and 21p Coda 15d. County of Death
..
uuu
= Glen at Willow Valle Lancaster PA 17602 TJarract
16a. Method of Disposition ~BUrlal Q Cremation 16b. Date of Disposition 16c. Place of Disposl[ion (Name of cemetery, crematory, or other place)
Q Removal from State Q Donation
Other (Specify)
Ol
16d. Location of Dlsposltion (City or Town, State, and Zip) 17a. 5 nature of Funeral 5 rvice Licensee or P r srge of Interment 17b. License Number
ap
Hill PA 17011 014819
~
~ f Funeral Fecllit
l
Add
d
s y
ete
ress O
Comp
17c. Name an
era-I-i=*'*+Pr Ftiu~eral Home Inc. 1903 M(3rlcet St. fLill PA 17011
~' S8. Decedent's Education -Check the box that bast describes the 19. Decedent of Hispanic Origin -Check the 20. Decedent's Race -Check ONE OR MORE races to Indicate what
I- highest degree or level of school completed at the time Of death. box that best describes whether the decedent the decedent considered himself or herself to be.
Q 8th grade or lase Is Spanish/Hlspanie/Latino. Check the "NO" White Q Korean
African American Q Vietnamese
] Bl
k
ac
or
Q No diploma, 9th - 12th grade box if decedent is not Spa nlsh/Hispanic/Latinp. [
Q High school graduate or GED completed Q No, not Spanish/Hispanic/Latino Q American Indian or Alaska Na[Iye Q Other Aslsn
Q Some college credl[, but no degree Q Ves, Mexican, Mexican American, Chl<ano Q Asian Indian Q Native Hawaiian
Q Associate degree (e.g. AA, AS) Q Yes, Puerto Rican Q Chinese ~ Guamanian or Chamorro
Bachelor's degree (e.g. BA, AB, BS) Q Yes, Cuban Q FIIIPIno Q Samoan
Q Master's degree (e.g. MA, MS, MEng, MEd, MSW, MBA) Q Yes, other Spanish/Hispanic/Latino Q Japanese Q Other Pacific Islander
Q Doctorate (e. g. PhD, Ed D) or Professional degree (Specify) Q Other (Specify)
. MD DDS DVM LLB JD
21. Decedent's Single Race Self-Designation -Check ONLY ONE to indicate what the decedent considered hlmsalf or herself to be. 22a. Decedent's Uwal Occupation -Indicate type of work
White Q Japanese Q Samoan dons during most of working Ilfe. DO NOT USE RETIRED.
ean Q Other Paclflc Islander
K
i
can Q
or
Black or African Amer
Q Don't Know/Not Sure rector of de
Vi
t
namese
e
Q American Indian or Alaska Native Q
Q Asian Indian Q Other Asian Q Refused 22b. Kind o1 Business/Industry
Q Chinese Q Native Hawallan O Other (Spaclfy)
Q Filipino Q Guamanian Or Chamorro lth That tr$)(7~? Cjp
pi
e) 23c. LiccnsC
g Death OnIY sv en
a
ature o Perso
Dey Yr 3
Pronounce De
ITEMS 2 a - 2 MUS BE COMPLETED 23s. Dete
~
~~ f! ~~
'
i
n
~
~
O
BY PERSON WHO PRONOUNCES OR 6 °V//~ /'f~/."oy_~_ F/a•!/_I~/'6 ~l
CERTIFIES DEATH
th
23d. Dale 51 ed (MO ay/Yr) 24. Time o Dea
~~
// 2
Q y-.~ 7 25. Was Medical Examiner or Coroner Contacted? Q yes No
CAlJSE OF DEATH Approximate
Pert 1. Enter The chain of events-diseases, inJurles, or compllcatlons--that directly caused the death. DO NOT enter terminal events such as cardiac arrest. Interval:
26
.
nse
t
t
o
Death
O
IATE. Enter only one cause on a Ilne. Add additional Imes If necessary
BBREV
N
OT
A
howinH the etiology. DO
resplraiory arrest, or ventricular flbrlllatlon without s
/
y-
~~
~
~
t
y~
~
_
J
J,
1
IMMEDIATE CAUSE ------------> a. ~ L 1 N L4~}+r+ / ~ lit.C ~• Ya7! +'+~?~ I • "`a+• r . r~~
(Final disease or condition Due to (or as a consequence of):
resulting in death)
b.
Sequentially list eontlitlons, Due to (or as a consequence off:
If any, leading to the cause
listed on Ilne a. Enter the
UNDERLYING CAUSE Due [o (or as a consequence of):
(disease or Injury that
F Initiated the events resulting d.
in death) LAST. Due to (or as a consequence of):
26. Part II. Enter other i Ifl t ditl t Ib ti t d th but not resulting In the underlying cause given In Par[ 1 27. Was an autopsy performed?
Q yes No
~ 28. were autopsy findings available
y. to c mplete the cause of dea<h7
o
Q Ves No
29. M Female: 30. Did Tobacco Use Contribute to Death? 31. Manner of Death
Q NoL pregnant within past year Q Ves Q Probably ~~ Natural Q Homicide
S Q Pregnant at time of death ')~ No Q Unknown Q Accident Q Pending Investigation
sad Not pregnant, but praHnant within 42 days of death Q Suicide Q Could not be de<ermined
but pregnant 43 days to 1 year before death
~ Not
regnant 32. Dace of Injury (MO/Day/Vr) (Spell Month)
~ p
,
0 Unknown if pregnant within the past year 39. Time of Injury
34. Place of Injury (e.g. home; construction site; farm; school) 35. Location of Injury (Street and Number, City, State, Zip Coda)
36. Injury at Work 37. If Transportation Injury, Specify: 3B. Describe How Injury Occurced:
Q Ves Q Driver/Operator Q Pedestrian
Q No Q Passenger Q Other (Specify)
39a Cer[Ifler (Check only one):
Certifying physician - To Lhe best of my knowledge, death occurred due to the cause(s) and manner stated
Q Pronouncing Sa Certifying physician - To the best of my knowledge, death occurred at the time, date, and plat!, and due to the cause(s) and manner slated
cause(s) and manner statatl
Q Medical Examiner/GOroner - On the basis of axaminatlon, and/or investigation, In my opi nlon, death occurred at the time, date, and place, and due to the
~l
Signature of certlfler: Title oT cer[Ifler: ~ _ [ 7 License Number: T~ V S~ ,(' ~{ f
Address and Zip Code of Person Completing Cause of Death (Item 26)
39b. Name 39c. Date Sighed (MO/Day/Vr)
,
4 .Registrar's District Num ar 41. Registrar a Signature
' 42. Registrar i a Ds< Mo r)
~-~~~ i ,r ~ ~ ~1-
43. Amendments
t.,
Dlsposltlon Perm It No. 0651066 H105-143
REV 07/2011
i
. •
Jl~~l.~~ U'~Y Illlll ~1.]iIlQ]L ~~~~dll]CIL~~ICII~
,.. Y
..~-7
OF ':o ;.~'
- ~- ~
`,~ _.~-,
AUSTIN A. TOWNER '' -~= f-,
_. E=~=, _....
-, _._
- ~,
=~, -1~-~
` ., __,
I, AUSTIN A. TOWNER, of Hampden Township, Cumberlanc~~Znty, ,,~-~,
,_r ^1 ..
Pennsylvania, do make, publish and declare this to be my Last Will and Te~ament,
hereby revoking all Wills and Codicils by me heretofore made.
ITEM I: Family Information. I am married to ANNE
R. TOWNER, and all references to my wife in this Will are to her. I have two
children: ELIZABETH ANNE THYR,UM and SARAH TOWNER WRIGHT. These
are described in this Will as "my children," or as "a child of mine." Any person born
to or adopted by issue of mine is to be included as issue of mine. Provided, however,
no adopted person shall benefit under this Will unless the order or decree of
adoption is entered before the adopted person attains the age of twenty-one (21)
years.
ITEM II: Death Taxes. I direct that all inheritance
and estate taxes becoming due by reason of my death, whether payable by my
estate or by any recipient of any property, shall be paid by the Executor out of the
residue of my estate, as an expense and cost of administration of my estate, except
that no taxes shall be charged against any gift qualifying for the marital or
charitable deduction in my estate. The Executor shall have no duty or obligation to
obtain reimbursement for any such tax so paid, even though on proceeds of
insurance or other property not passing under this Will.
-~~
-,,-,~
-,
,-
r-7-~
L' ~ t .}
.~~-1
Page 1 ~ ~ ~_
ITEM III: Debts and Final Expenses. I direct the
Executor to pay the expenses of my last illness, my legally enforceable debts, and
my funeral expenses from the residue of my estate as an expense and cost of
administration of my estate.
ITEM IV: Tangible Personal Property. If I die before
my wife, ANNE R. TOWNER, I give to her all my tangible personal property,
including but not limited to, all of my household furniture and furnishings, books,
pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of
household or personal use or adornment and all policies of insurance thereon. If I
do not die before my wife, I may leave a written list in my safe deposit box or
elsewhere disposing of certain items of my tangible personal property. The
Executor shall dispose of items of my tangible personal property as specified in the
written list. If no written list is found in my safe deposit box or elsewhere and
properly identified by the Executor within thirty (30) days after the probate of my
Will, it shall be presumed that there is no other statement or list. Any
subsequently discovered list shall be ignored. If I survive my wife, I give any
property of the type described in this Item and not set forth in a written list to my
children, to be divided between them as they shall agree. Should there be no
agreement, the Executor shall divide this property between them in as nearly equal
portions as the Executor deems appropriate, having due regard to the personal
preferences of my children.
ITEM V: Residue. I give the residue of my estate, not
disposed of in the preceding portions of this Will, to my wife, ANNE R. TOWNER, if
she survives me. If my wife disclaims any property or interest in property to which
she would be entitled under the provisions of this Item, the disclaimed property
shall be held by my daughters, ELIZABETH ANNE THYRUM and SARAH
TOWNER WRIGHT, as Trustees (herein collectively referred to as "Trustee"), IN
Page 2
TRUST, and shall be administered and distributed as provided in ITEM VI. If my
wife does not survive me, the residue shall be distributed as provided in ITEM VI.
ITEM VI: Disclaimer Trust. The following provisions
shall apply to any property payable to the Trustee named in ITEM V as a result of
the disclaimer of that property by my wife:
(a) Income to Spouse. The Trustee shall pay to or for the
benefit of my wife, ANNE R. TOWNER, all of the net income of this
Trust in convenient installments, but not less frequently than
annually.
(b) Principal to Spouse. The Trustee shall pay to my wife so
much of the principal of this Trust as may be necessary in the
discretion of the Trustee for the reasonable support, maintenance and
health care of my wife.
(c) Upon Death of Spouse. Upon the death of my wife, the
Trustee shall divide the principal into as many equal parts as there
are then living children of mine and then deceased children of mine
represented by then living issue. The Trustee shall distribute one (1)
share to each living child and one (1) share to the then living issue of
each deceased child, per stirpes. However, if any issue of a deceased
child has not attained the age of twenty-five (25) years at the time of
distribution, the share of the beneficiary who has not attained that age
shall be held by the Trustee, IN TRUST, for his or her benefit in
accordance with paragraph (d) of this Item.
Page 3 ~'
(d) Trust for Issue. In each Trust established for a
beneficiary under the age of twenty-five (25) years (each the
"Beneficiary" of his or her Trust):
(i) Net Income. The Trustee shall pay to the
Beneficiary in convenient, at least annual, installments so
much of the net income as the Trustee, in the discretion of
the Trustee, considers necessary for the reasonable
support, maintenance, health care and education,
including college or other post-secondary education, of the
Beneficiary. Income not distributed shall be accumulated
and added to principal.
(ii) Principal. The Trustee shall also pay to the
Beneficiary so much of the principal as the Trustee, in the
discretion of the Trustee, considers necessary for the
reasonable support, maintenance, health care and
education, including college or other post-secondary
education, of the Beneficiary.
(iii) Termination. Upon the attainment of the
age of twenty-five (25) years by the Beneficiary, the Trust
shall terminate and the Trustee shall distribute to the
Beneficiary the remaining assets of the Trust.
(iv) Death before Termination. Should the
Beneficiary die before final distribution of the assets of
his or her Trust, the Trust shall terminate and the
Trustee shall pay the assets of the Trust to the then living
Page 4
issue of the Beneficiary, per stirpes. However, if any
issue has not attained the age of twenty-five (25) years at
the time of distribution, the Trustee shall continue to hold
the share for that issue as Custodian under the
Pennsylvania Uniform Transfers to Minors Act for the
benefit of that issue.
(e) Trust Without Beneficiaries. if before final distribution of
the assets of any Trust established for my issue, there is no living
beneficiary of that Trust, it shall terminate. The assets of the Trust
shall be paid to the then living issue, on a per stirpital basis, of the
nearest deceased ancestor (with issue living at the time of distribution)
of the Beneficiary who is me or my issue. However, if there is then in
existence any trust created under this Will for the benefit of that issue,
the share which would have been distributed to that issue shall be
added to the principal of his or her trust, to be administered and
distributed as provided in this Will.
(f) Rule Against Perpetuities. Notwithstanding any other
provision of this Will, each Trust arising under this Will shall
terminate no later than twenty (20) years after the death of the last to
die of my issue living at the time of my death. Upon termination, the
principal shall be distributed to the then income beneficiary of the
Trust.
(g) Failure of Issue. In the event I am not survived by my
wife or any issue, or if there are no issue of mine surviving upon the
termination of any trust, the residue (or principal) distributed to
Trinity Lutheran Church, Chestnut Street, Camp Hill, Pennsylvania.
Page 5 ~-~!
ITEM VII: Operating Rules for Retirement Account
Distributions. The following operating rules and rules of interpretation shall apply
with respect to the Trust created under ITEM VI and any retirement account which
I designate that Trust as the beneficiary:
(a) Required Minimum Distributions. Annual distributions
to the Trust from each retirement account of which the Trust is the
beneficiary must satisfy applicable required minimum distribution
rules, and the Trustee is authorized to elect, to the extent an election is
permitted, the required minimum distribution rules which will, in the
judgment of the Trustee, result in the maximum tax savings for
Grantor's family.
(b) Timing of Distributions. Distributions must be made
prior to the close of each calendar year.
(c) Fiduciary Accounting Principal. The balance in any
retirement account as of my date of death and of which the Trust is
the beneficiary shall be considered principal for fiduciary accounting
purposes.
(d) Designated Beneficiary. My wife, ANNE R. TOWNER,
should she survive me, shall be considered the "designated beneficiary"
for purposes of determining the distribution period with respect to any
retirement plan of which the Trust is the beneficiary. If my wife does
not survive me, the "designated beneficiary" shall be any person(s) so
qualifying as such.
Page 6 ~ ~
(e) Trust as Non-Conduit Trust. The net income of the Trust
shall be determined in accordance with fiduciary accounting principals,
and may be less than the full amount of all required minimum
distributions made by a retirement account to the Trust.
(fj Allocation of Expenses. Any income taxes and
administrative expenses attributable to that portion of a retirement
account or distributions from a retirement account which constitute
principal for fiduciary accounting purposes shall be charged against
the principal of the Trust.
(g) Prohibited Charges. Under no circumstances shall any
federal or state inheritance, estate tax or generation-skipping transfer
tax be apportioned to or payable from any retirement account of which
the Trust is a beneficiary.
ITEM VIII: Spendthrift Clause. No part of the income or
principal of any Trust created by this Will shall be subject to attachment, levy or
seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any
beneficiary prior to his or her actual receipt of income or principal distributed. The
Trustee shall pay the net income and the principal to the beneficiaries specified by
me, as their interests may appear, without regard to any attempted anticipation,
pledging or assignment, and without regard to any claim or attempted levy,
attachment, seizure or other process against the beneficiary.
ITEM IX: Administrative Powers. In addition to the
powers granted at law, the Executor and the Trustee shall each possess the
following powers, each of which shall be construed broadly and may be exercised
without court approval, but in a fiduciary capacity only:
Page 7 ~ ~ rf-""
s
(a) Retain Investments. To retain any investments I have at
my death, including specifically those consisting of stock of any bank
even if I have named that bank as the Executor or Trustee.
(b) Varv Investments. To vary investments, to make loans,
and to invest in bonds, stocks, notes, real estate mortgages or other
securities or in other property, real or personal, without being
restricted to so-called "legal investments", and without being limited
by any statute or rule of law regarding investments by fiduciaries.
(c) Division of Assets. In order to divide the principal of a
Trust or for any other purpose, including final distributions, the
Executor and Trustee are authorized to divide and distribute personal
property and real property, partly or wholly in kind, and to allocate
specific assets among beneficiaries and Trusts so long as the total
market value of each share is not affected by the division, distribution
or allocation in kind. The Executor and Trustee are each authorized to
make, join in and consummate partitions of lands, voluntarily or
involuntarily, including giving of mutual deeds, or other obligations,
with as wide powers as an individual owner in fee simple.
(d) Sell Assets. To sell either at public or private sale real
and personal property severally or in conjunction with other persons,
and to consummate sale(s) by deed(s) or other instrument(s) to the
purchaser(s), conveying a fee simple title. No purchaser shall be
obligated to see to the application of the purchase money or to make
inquiry into the validity of any sale(s). The Executor and Trustee are
authorized to execute, acknowledge and deliver deeds, assignments,
Page 8 ~~ ~--
options or other writings as necessary or convenient to any of the
power conferred upon the Executor and Trustee.
(e) Encumber Real Estate. To mortgage real estate, and to
make leases of real estate.
(fj Borrow Monev. To borrow money from any person,
including the Executor or Trustee, to pay indebtedness of mine ox~ of
my estate, expenses of administration or inheritance, legacy, estate
and other taxes, and to assign and pledge assets of my estate or any
Trust established by this Will.
(g) Pay Costs. To pay all costs, taxes, expenses and charges
in connection with the administration of my estate or any Trust
established under this Will.
(h} Distributions without Court Order. To make
distributions of income and of principal to the proper beneficiaries,
during the administration of my estate, with or without court order, in
such manner and in such amounts as the Executor deems prudent and
appropriate.
(i) Vote Stock. To vote shares of stock which form a part of
my estate or any Trust established under this Will, and to exercise all
the powers incident to the ownership of stock.
(j) Reorganize. To unite with other owners of property
similar to property in my estate to carry out plans for the
Page 9 /} ~ ~-„'
reorganization of any company whose securities form a part of my
estate.
(k) Disclaim. To disclaim any interest in property which
would devolve to me or my estate by whatever means, including but
not limited to the following means: as beneficiary under a~will, as an
appointee under the exercise of a power of appointment, as a person
entitled to take by intestacy, as a donee of an inter vivos transfer, and
as a donee under athird-party beneficiary contract.
(1) Tax Returns. To prepare, execute and file tax returns of
any type required by applicable law, including but not limited to filing
a joint tax return with my surviving spouse, and to make all tax
elections authorized by law.
(m) Employ Advisors. To employ custodians of property,
investment or business advisors, accountants and attorneys as the
Executor or Trustee deems appropriate, and to compensate these
persons from assets of my estate or trust, without affecting the
compensation to which the Executor and Trustee are entitled.
(n) Divide Trusts. To divide any Trust created in this Will
into two or more separate Trusts so that inclusion ratio for purposes of
the generation-skipping transfer tax shall be either zero or one, in
order that an election under Section 2652(a)(3) of the Internal Revenue
Code may be made with respect to one of the separate Trusts, or for
any.. other reason.
Page 10 ~~%"
(o) Allocate Expenses. To allocate administrative expenses
to income or to principal, as the Executor or Trustee deems
appropriate. However, no allocation to income shall be made if the
effect of the allocation is to cause a reduction in the amount of any
estate tax marital deduction or estate tax charitable deduction.
(p) Adjust Basis. To make any adjustment to basis
authorized by law, including, but not limited to increasing the basis of
any property included in my estate, whether or not passing under this
Will, by allocating any amount by which the bases of assets may be
increased. The Executor shall be under no duty and shall not be
required to allocate basis increase exclusively, primarily, or at all to
assets which pass as part of my probate estate as opposed to other
property for which a basis adjustment is allowable. The Executor shall
allocate basis increase equitably among those beneficiaries receiving
property as a result of my death, but shall not be liable to any person,
nor subject to removal or surcharge, for any reasonable allocation of
basis increase.
(q) Compromise Claims. To compromise claims.
(r) Terminate Trust. To terminate any trust, if in the
opinion of the Trustee, the expense of administration of the trust is not
justified. Upon termination, the Trustee shall distribute the trust
property to the person(s) then entitled to receive or have the benefit of
the income therefrom. If there is more than one current income
beneficiary, the Trustee shall distribute trust assets to the income
beneficiaries in the proportion in which they receive income, or if no
proportion is designated, in equal shares to the income beneficiaries.
Page 11 ,~ ~ ~
This power may only be exercised by a Trustee who is an independent
Trustee, and this power shall be ineffective to the extent that the effect
of the power is to vest in any Trustee or beneficiary a general power of
appointment.
(s) Other Acts. To do all other acts in his or her judgment
necessary or desirable for the proper and advantageous management,
investment and distribution of the estate and Trusts established under
this Will.
ITEM X: Accounting. The Trustee, on an annual
basis, shall provide each income beneficiary who has attained the age of eighteen
(18) years, and the Guardian of the person of any income beneficiary who has not
attained the age of eighteen (18) years, statements showing transactions of each
Trust established for the benefit of that beneficiary. The beneficiary, or the
Guardian of the person of such beneficiary, may waive this right to receive an
annual accounting. The Trustee may, at any time, settle any account, or questions
concerning the administration of any Trust established under this Will, by
agreement with the then current income beneficiaries of the Trust, if legally
competent, or if not legally competent, with the Guardian of the person of the
beneficiary, the legally competent spouse of the beneficiary, or the oldest legally
competent relative of the beneficiary who would take a portion of the estate of the
beneficiary were the beneficiary to die at that time intestate under the laws of the
Commonwealth of Pennsylvania. Any settlement made in accordance with this
Item shall bind all persons who have an interest in the Trust, and shall constitute a
release and discharge of the Trustee with respect to transactions specified in the
settlement.
Page 12
ITEM XI: Distributions to or for Beneficiaries. The
Trustee is authorized to distribute principal and/or income in any one or more of the
following ways if the Trustee, in the discretion of the Trustee, considers the
beneficiary unable to apply distributions to the beneficiary's own best interests, or if
the beneficiary is under a legal disability:
(a) To Beneficiary. Directly to the beneficiary;
(b) To Guardian. To the legal guardian or conservator of the
beneficiary;
(c) To Trustee or Custodian. To the Trustee, or to another
person selected by the Trustee, as custodian under the Pennsylvania
Uniform Transfers to Minors Act as to a beneficiary under the age of
twenty-five (25) years;
(d) To a Relative. To a relative of the beneficiary, to be
expended by that relative for the benefit of the beneficiary; or
(e} By Direct Expenditure. By directly applying distributions
for the benefit of the beneficiary.
ITEM XII: Survival. Any person who has died within
thirty (30) days of my death, or under such circumstances that the order of our
deaths cannot be established by proof, shall be deemed to have predeceased me.
Any person (other than myself] who has died at the same time as any beneficiary
under this Will, or in a common disaster with that beneficiary, or under such
circumstances that the order of deaths cannot be established by proof, shall be
deemed to have predeceased that beneficiary.
Page 13 ~~
ITEM XIII: Merger of Trusts. Should my wife, by Will or
Agreement of Trust, establish Trusts similar to the Trusts I have established for the
benefit of my issue, the Trustee of each Trust created in this Will shall have the
right to merge it with the similar Trust created by my wife for the same
beneficiaries. If merged, the Trustee shall operate the merged Trusts as a single
Trust.
ITEM XIV: Trust Situs. The initial situs of each Trust
created under this Will shall be the county of my domicile at my death. The
Trustee may determine, from time to time, to change the situs of any Trust
established under this Will. However, no change in situs shall be effective until
written notice is provided to the living beneficiaries of the Trust.
ITEM XV: Executors and Trustees. I make the
following provisions with respect to Executors and Trustees:
(a) Initial Executors. I appoint my daughters, ELIZABETH
ANNE THYRUM and SARAH TOWNER WRIGHT to be the
Executors.
(b) Initial Trustee. I appoint my daughters, ELIZABETH
ANNE THYRUM and SARAH TOWNER WRIGHT, to be the Trustees,
herein collectively referred to as "Trustee".
(c) Power to Appoint Additional Trustees. Each Trustee
shall have the power to appoint his or her successor in office. In the
event of a complete vacancy in the office of the Trustee,
MANUFACTURERS MANUFACTURERS AND TRADERS TRUST
COMPANY shall serve.
Page 14 ~. ~, ~--
(d) Power to Remove Institutional Trustee. My wife, ANNE
R. TOWNER, shall have the power to remove any institutional
Trustee, provided she first appoints another institutional Trustee
which accepts the appointment. In the event that my wife is
incapacitated, my oldest living child shall have the power to remove
the institutional Trustee, provided she first appoints another
institutional Trustee which accepts the appointment.
(e) Method of Appointment and Removal Each appointment
or removal of a Trustee shall be in writing and shall be filed with the
court in the jurisdiction which is the situs of the Trust. The written
instrument shall be signed by the person having the power to make the
appointment or removal.
(f) Acceptance of Office. A Trustee shall be deemed to have
accepted the office of Trustee as to Trust property only to the extent it
accepts that property by written instrument delivered to the Executor.
Should a Trustee refuse to accept property, the Executor shall have the
power to select another person to serve as Trustee, or to divide any
Trust created by this Will so as to permit one person (or persons) to
serve as Trustee with respect to some Trust property and another
person (or persons) to serve as Trustee with respect to other Trust
property.
(g) Temporarv Trustee. Each Trustee shall have the power
to designate a temporary Trustee by an instrument in writing
delivered to such temporary Trustee. The temporary Trustee shall
serve as such only during the legal incapacity of the appointing
Trustee, or, during such period of time as the appointing Trustee in
Page 15 ~ ,~
writing designates, and upon the expiration of that time, or at such
time as the legal incapacity of the appointing Trustee ceases, the
appointing Trustee shall once again become the Trustee.
(h) Delegation. Any Trustee may delegate investment and
related management functions to another Trustee, provided the other
Trustee accepts the delegation in writing. To the extent accepted, the
delegating Trustee shall be relieved of responsibility for the
investment decisions of the Trustee to whom investment and related
management functions were delegated.
(i) Resignation. Any Trustee may resign upon ninety (90)
days written notice to the then income beneficiary and each adult sui
juris remainder beneficiary of the Trust; provided, however, that the
resignation shall not become effective until and unless at least one
person is then serving as Trustee of the affected Trust.
(j) Responsibility. No Trustee shall be responsible for the
acts or omissions of any other Trustee.
(k) Duty to Investigate. In the absence of actual knowledge
of a breach of trust, or information concerning a possible breach of
trust that would cause a reasonable person to inquire, a successor
Trustee is under no duty to examine the accounts and records of any
predecessor Trustee, or to inquire into the acts or omissions of such
predecessor, is not liable for any failure to seek redress for any act or
omission of such predecessor, shall have responsibility only for
property which is actually delivered to the Trustee by such predecessor
and shall have all of the powers conferred upon a Trustee hereunder.
Page 16 ~ /d
(1) Compensation. The Executor and Trustee shall have the
right to receive reasonable compensation for services rendered and
reimbursement for reasonable expenses.
(m) Standard of Care. The Trustee shall not be liable or
accountable for any loss that may result from the good faith exercise of
the authority granted in this Will. This shall specifically include
decisions of the Trustee with respect to discretionary distributions of
income and/or principal to any beneficiary.
(n) Security. The Executor and Trustee are specifically
relieved from the duty of filing bond or entering security.
IN WITNESS WHEREOF, I have set my hand and seal to this, my
Last Will and Testament, consisting of this and the preceding sixteen (16) pages, at
the end of each page of which I have also set my initials for greater security and
better identification this ! ~ day of I~CPr~~ , 200,
~",L~,~t~,= __ ~` ~l'wry---~" (SEAL)
AUSTIN A. TOWNER
We, the undersigned, hereby certify that the foregoing Will was signed,
sealed, published and declared by the above-named Testator as and for his Last
Will and Testament, in the presence of us, who, at his request and in his presence
and in the presence of each other, have hereunto set our hands and seals the day
and year first above written, and we certify that at the time of the execution
thereof, the said Testator was of sound and disposing mind and memory.
(,~ PC.~=~f-dJ ~ G~/~!~(~-~J SEAL
( )
(SEAL)
Residing at C%
G~~~~ ~A f 7D,~1~
Residing at ~ ~E.'c-t.~.~1
S
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF )
I, AUSTIN A. TOWNER, Testator, whose name is signed to the
attached or foregoing instrument, having been duly qualified according to law, do
hereby acknowledge that I signed and executed the instrument as my Last Will and
Testament; that I signed it willingly; and that I signed it as my free and voluntary
act for the purposes therein expressed.
/~- ~i~vn,~- (SEAL)
AUSTIN A. TOWNER
Sworn to and subscrib d before
me this ~ ~~ day of .~,
20d~:
i~
Notary Pu lic
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENNSYIVANiA
NOTARIAL SEAL
CYNTHIA J. RULE, Notary Publ~
Camp Hill Boro., Cumbe-Iand County
Commission Expires F 3, 2008
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF .~..Q.I )
We, 1U~~~s ,~ G~///~~ and O P (S ,
the Witnesses whose names are signed to the attached or for going instrument,
being duly qualified according to law, do depose and say that we were present and
saw Testator, AUSTIN A. TOWNER, sign and execute the instrument as his Last
Will and Testament; that Testator signed willingly and that he executed said Will
as his free and voluntary act for the purposes therein expressed; that each of us in
the hearing and sight of the Testator signed the Will as Witnesses; and that to the
best of our knowledge the Testator was at that time eighteen (18) or more years of
age, of sound mind and under no constraint or undue influence.
~z~~ .~i1~Za(/
Witness Witness
Sworn to and subscribed before
me this (~~ day, !of (~2,~-,~,~Q~_
20p"~
Notary Pub is
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENN~YLVANI/-
NOTARIAL SEAL
CYNTHIA J. RULE, Notary is
Camp Hill Boro., CumberlanA County
M Commission Expires F 9, 2ppg