Loading...
HomeMy WebLinkAbout03-16-12Reset 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: Claire C. Ross File No: ~~ f - ~, ~ - C'~~,(/, a/k/a: Claire Winifred Clouser Ross a/k/a: (Assigned by Register) a/k/a: Date of Death: Social Security No: 171-28-1997 Age at death: 17( „ Decedent was domiciled at death in Cumberland County pA principal residence at 24 Crain Circle Lemo ne Borou h of Lemo ne Cumberland Count pA (State) with his/her last Street address, Post Oft"ice and Zip Code City, Township or Borough County Decedent died at 24 Crain Circle Lemo ne Borou h of Lemo ne Cumberland Coun PA Street address, Post Office and Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: lfdomiciled in Pennsylvania ............................ All personal property If not domiciled in Pennsylvania. $ 16,000.00 ....... ••••••••••••~••• Personal property in Pennsylvania $ not domiciled in Pennsylvania .. . ...... . . . . • • • , • , . , , , ,personal ro e [value of real estate in Pennsylvania .............. p p rty m County S TOTAL ESTIMATED VALUE.... $ 16 000.00 Real estate in Pennsylvania situated at: (Attach additional sheets, i/ necessary.) Street address, Post Office and Zip Code City, Township or Borough Coun ty A. Petition for Probate and Grant of Letters Testamentar Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated June 30, 2004 thereto dated n/a and Codicil(s) State relevant circumstances (e.g. renunciation, death of executor, etc.) Except as follows: after the execution ofthe instrument(s) offered for probate Decedent did not marry, 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. Q NO EXCEPTIONS Q EXCEPTIONS B. Petition for Grant of Letters of Administration (lf applicable) c. t. a., d. b. n., d. b. n. c. t. a., pendente life, durante absentia, durante minoritate If Administration, c. t. a. or d.b.n.c.~a., enter date of Will in Section A above and com lete 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. o NO EXCEPTIONS ~ EXCEPTIONS Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the following spo_~~• additional sheets, if necessary): Name Relation Address ----- any) and~irs (atdgch;T ~a :r~~~: -r1 ._. - .e`7 fV 'y .. _. Form RW-02 rev. 10/11/2011 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland } } SS: } Official Use Only Petitio (s 'nte Name Petitioner(s) Printed Address Kenneth E. Ross 417 Hummel Ave. Lemo ne PA 17043 t The Petitioner(s') above-named swear(s) or affirm(s) the statemen 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 D d nt, the Petitioner(s) 'll well and truly administer the estate accor ing to law. Sworn to or affirmed and subscribed before ' Date J met ~`--day of ~ ~ Date By: ~ /~_ Date For the Register Date - --~-} BOND Required: Q YES Q NO FEES: Letters ...................... $ LP % ~ "~% (~ )Short Certificate(s)...... C~S.~~~-~'~' ( ~ )Renunciation(s)......... `~~ ~''~(~% ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ........................ Commission ................. . Other ........ YV1~ .......~~1 '~ ~ ~~ _~ -,°~ -O C7 ~ ~ c; To the Register of Wills: _ - Please enter my appearance by my signatuX.e~>~v: ~ - - Attorney Signature: } C~C~ "rt" r ~- ~ :~: - 1r /~ ~ .r.- --~ Prin d Name: Craig A. Hatch, Esquire preme Court D Number: 76361 Firm Name Address: Gates, Halbruner, Hatch & Guise, P.C. ....... Phone: (717)731-9600 Automation Fee ............... Fax: (717) 731-9627 JCS Fee . .................... Email: C'.Hatch C,atesi,awFirm_cnm TOTAL ..................... $ 1'~1~.5~-9r6b- DECREE OF THE REGISTER Estate of Claire C. Ross File No: ~ 1 - ~ ~ ~' ~ ~-~-=' a/k/a: Claire Winifred Clouser Ross AND NOW, ~ ~~' ~ ~'l~[~~ ~-~~ , ~~~ ~ ~' , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Kenneth E. Ross in the above estate and (if applicable) that the instrument(s) dated June 30 2004 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. ~ ~ Reg'ster q~Wiy~ i i~ _ _- Form RW-02 rev. ini~lnn» ~ Page 2 of 2 WA}'^[f(iS7i~~i~ ~C9t~~slir.~;- ~ ~t~+:-,~, rs rM. ~:z ~a -i..4J ~~F2t~iAR i6 P~~~12~ 4~3 I :~: ~; GLERK 0~ ~ ._~~' ~~ - '. , P ~. 8 3 316 3 xloR~aNrs co~~~ T y~ ~r k a , ._._..._ ~ ,1 It L ~'. ~. ,, __ _ _ --- --- - PA r -- ~? ~ ~~~, TYPe/Print In .. d, ~ ' Permanent COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HEALTH VITAL RECORDS Black ink CERTIFICATE 1. Decedent's Legal Name (First, Middle, Last, Suffix) OF DEATH 76 November 6, 1935 8tl. Residence (County) 24 Crain '- "--' Circle °~~ ~1° uecedent Live In a Township? Cumberland Q Ves, decedent Ilvetl in 9. Ever In US Armetl Forcesi' Q Ye 30. Mari Se. Residence (Zip Code > 17043 tal Status at Tlme of D ®NO, de<edenY Ilved within limits of s ® No Q Unknown eath Married Q ® Widow Q pivorced ~ Never M i ed 11. Surviving Spouse's N ar ed ame (If wll 12. Father's Name (First, Middle, Last, Suffix) Q Unknown Russel HBrriBOrl C1 0llSer 13. Mother's Name Prio t 14a. Informant's Name r o First Marriage (Fir g Kenneth Ro 146. Relationship to Decedent 14c I f ll tr G ss . n ormants Mailin g Address (S eet and ~ s i5 .................................... If Death Occ --"""""""" urred in a Hospital: "'- tw "°-'°- ---•------•~-~~-..... ------•---~~~ 15a. P ace o eat ......... I 417 Hummel Aven U e n ec e -+ Q Emar gency Room/outpatient -.. ....................... ... t_I npatient one [ If Death Occurred 6omewhere Other Than a H D A i osp tal: d ^On rrival 0 Nursing Hsme/LOn 16b. Facility Name (If not lnathu<i°n, give strOt g-Z erm Care Faclil[y Oth tuber; t O (, ° 24 Crain Circle e l er 6 is pecify `' t"°r TO"y^• Pc°e. ) ca n m 16a. Method of Disposition 0 LemO tie pA 17043 gu rial ® Crem ti Q Removal from Stau a on 16b. Date of Disposition Q Donation 16c. Place of Di sposltion (Name of ce other (sPetiry) 3-15-2012 i6d. location of Disposition fGiy or Town Stat d meterl Cremation Society of PA , e, an Zip) Harrisbur PA 17a. Signature Funerals ce Li l gs 17109 p ~ ITC. Name and Complete Address of Funeral Facilit file y r remat On erv ces o ennsy val 4100 Jonestown Road Harrisbu m r 18. Decedent's Education -Check the box that best d A O ~ escribes the highest degree r level of school completed aT the [ime ofd 19. De edent of His Panic Origin -Check She Q 8th grade or less eath. box that best describes whether the decedent Q No diploma, 9th - 12th grade is Spanish/Hispanic/Latino. Check the "No" Q High school graduate Or GED c°mpleted box if tleoedent is not Spanish/Hispanic/Latino Q Some college credit, but no degree . ®No, n t Spanish/Hispanic/Latino ~ Associate degree (e.g. AA, q5) Q Yes, Mexican, Mexican America n Chicano ® Bachelor's degree (e.g. BA, AB, 65) , Q Yes, Puerto Rican Q Master's degree (e.g. MA, MS, MEng MEd MSW M Q Yes, Cuban , , , BA Q Doctorate (e.g. ph D, EtlD) or Professional degre ) a Q Yes, other Spanish/Hispanic/Latino . MD, ODs DVM LLB, /D (Specify) 21. Decedent's Single Race Self-Designation -Check ONLY ONE To i di ® White Q l n se p n cate what the decedent considered himself or he o ^ e Q Blac 'oa African A merican Q K Q Samoan ' e o Q Am c n Indian r Alaska Native Q Vietnamese l Q Other Pacific Islander Yj Q Asian lndian Other Asian ~ Don't Know/Not Sure Chinese Q Q Native Haw ii ~ Refused a an Q Filipino ~ G Q Other (Specify) I B uamanian or Cha mono TEMS 23a - 23d MUST BE COMPLETED 23 ate Prpno ced Dead tM.. n Y PERSON WHO RPrsur.....~~_ __ af.R un •,.,v_. ,~.. _. F s f s f FD-013376-L twp. decedent consideretl himself or herself to be, o indicate what White Q Korean Black or q{rican American ~ Vietnamese American Indian or Alaska Native Q Other Asian Asian Indian Q Native Hawaiian cninese O Guamanian or chamorrp Filipino Q Samoan laps nese Q Other Pacific Islander Other (Specify) to be. 22a. Decedent's Usual Occupation -Indicate t done during most of working life. DO NOT U EPRETIR ED. Registered Nurse 22b. Kind of Business/Industry Medical - -' ~ •••r ^•'~" apPnca peel I23c, lice 4d.~Dat ~d (~ o/Day/Yr~~ 24. Time of Death a~ ~~~. I~'\l\i4v1- 11 aa/1+rVs ~l' ~m W M dl IE i ~~ C C t ct dT )] y 26. Part 1. Enter the cha"n t CAUSE OF DEATH [ --dis i Wjuries, or complications--that tlirectly caused the death. DO NOT enter terminal a ents such a est respiratory arrest, or ventricular fibri llaiion Ithout showing the etiolo v s cardiac a r gy. DO NOT ABBREVIATE. Enter only one cause on a line. Add additional linesrif necessary _________> a. _ IMMEDIATE CAUSE -----_ , N ~ 4 n ~ C (Final disease or condition resulting In death) Due to (or s a consequence of): Sequentially list contlitions b. , if any, leading to the cause listed on line a. Enter the Due to (or as a consequence of): UNDERLYING CAUSE (dis injury thaw Init ated tohe e e [s r suiting In death) LAST. Due to (or as a consequence of): d. 26. Part 11. Enter other sianiflcant c Due to (or as a consequence of): dl[i 'b tl but not resulting In the under) in ,. l Y g cause ¢Iyen In Pa _. l Approximate Interval: Onset to Death male: - to complete the cause of tleathT Noi pregnant within past year 30. Did Tobatto Use Contribute [o Death? Q Ves Q No 33. Manner of Death Pregnant at lime of tleath Q Yes Q Probably Natural Not pregnant, but pregnant within 42 days of death Q Np Q Unknown ~gccid ~ Pending investi ation Not pregn tit, but g ent unknown if pre pre t 43 days to 1 year before tleath 32. Date of Injury (MO/Day/Vr Q Suicitle 0 Could not be determ fined gnant within <he past year ) (Spell Month) ~~ ury at Work 32. If Transportation Injury, specify: Q Yes 38. Describe How Injury Occurred: Q Driver/Operator Q Pedestrian Q No Q Passenger ~ Other (Specify) ertifier (Check only one): a Certifying physician - To the best of my knowledge, tleath occurred due ~ Prono tieing & Certio ingephysician - e best of my knoawled 2oothe cause(s) antl manner stated ~ Medical Examiner/C o - On s ge, death ccu rred at the ime, date, antl place, and tlue to the cause(s) and m stated Ination, nd/or Investigailon, in 4yy my opt nlon, death o d at the time, date, antl place, and due to the Signature of certifier: c~rat ( ) nd ,tier-stated s. Name, _ ddress tl Title of certifie (f License Number: C Se~% 1 2 Za G F/2 ri t ~P t ; e of Prer, ~ Cro NpJeiing~C use of aih (Item 26) V `• f F j t 1 U'I ~LM4 n( /fl O SJ ~ 39c~ Date Igne (MO/Day/Yr) Registrar's Disf ric< Number R P ~ ~ _ 41. Registrar's Sig ature • 42. Regist r Fil Dace (M /pay/Yr) Amendments rj ~ (, P~ / Disposition Permit No. ~J T ~~~~y H105-143 REV 07/2011 .~, LAST WILL AND TESTAMENT ` `r i ~;-' ~~ '; _ }~~.,~ OF ~fy ~ L ~ :. - ~ ( ~ c ' ~ CLAIRE C. ROSS ~, --, ~ ~~~ _ d~~ ~`' ~ - rn ~__ ~~ cw: I, CLAIRE C. ROSS, now of 133 Yellow Breeches Drive, Camp Hill, York County, Pennsylvania 17011, do publish and declare this to be my Last Will and Testament, herebyrevoking all other prior wills and codicils made by me. FIRST: Family Background and Appointment of Executor. (A) Family and Background Information. I am not currently married. My children are CINDY L. ROSS, RUSSEL C. ROSS, KENNETH E. ROSS and SHARI L. LAHLOU. Throughout this Will, CINDY L. ROSS, RUSSEL C. ROSS, KENNETH E. ROSS and SHARI L. LAHLOU, will be referred to as "my children". The word "issue" will include my children as well as my other descendants. (B) Appointment of Executor. I appoint as my Co-Executors (all hereinafter referred to as Executor or Executors throughout this Will), the following named persons without being required to account to any Court: Co-Executors: My son, KENNETH E. ROSS and my daughter, SHARI L. LAHLOU, or the survivor of them, to act jointly. (C) Inter Vivos Trust. The inter vivos trust agreement referred to in this Will is entitled "THE ROSS FAMILY TRUST", by and between myself as Settlor and myself as Trustee, as now in effect or as may hereafter be amended. SECOND: Funeral and Last Illness Expenses: Taxes. (A) Expenses of Funeral and Last Illness. I direct my Executor to pay my funeral expenses and the expenses of my last illness from my estate. (B) Taxes. I direct my Executor to pay any and all estate, inheritance, succession, legacy, transfer and other death taxes or duties, by whatever name called, including any and all interest and _~ ~- LAST WILL AND TESTAMENT OF CLAIRE C. ROSS PAGE 2 penalties thereon, imposed under the laws of any jurisdiction by reason of my death upon or with respect to any and all property included in my gross estate for the purpose of such taxes, whether such property passes under or outside of this Will. Without any apportionment otherwise required bylaw and without being prorated or apportioned among or charged against the respective devises, legatees, beneficiaries, transferees, or other recipients of any such property or charged against any property passing or which may have passed to any of them, I direct that any taxes so paid shall be charged against my residuary estate. My Executor shall not be entitled to reimbursement for any portion of any such taxes from any such person. The foregoing provisions of this Article SECOND shall not apply to such portion or portions of said taxes, interest and penalties which may be required to be paid, or are actually paid or reimbursed, by the Trustee of the Trust described in Paragraph FIRST (C), above. THIRD: Tangible Personal Pro erty. Except for those items excluded below and those items enumerated in the Letter of Instruction, I bequeath all my tangible personal property, including but not limited to clothing, jewelry, heirlooms, furniture, household furnishings, personal effects, motor vehicles, and all other similar articles, which I own, and the insurance thereon, to my children, CINDY L. ROSS, RUSSEL C. ROSS, KENNETH E. ROSS and SHARI L. LAHLOU, per stirpes, living at the time of my death. Notwithstanding any other provisions in this Article THIRD, I may leave a separate, dated and unsigned Letter of Instruction, which I shall place with my Will, containing directions as to the ultimate disposition of certain of the property bequeathed under this Article THIRD, and such Letter of Instruction shall determine the distribution of such items. FOURTH: Residuary Estate. I devise and bequeath all of the rest, residue and remainder of my estate, real, personal and mixed, of whatever nature and wherever situated to which I am legally or equitably entitled, to the then-acting Trustee of the Trust described in Paragraph FIRST (C) of this Will, to beheld, administered and distributed pursuant to the terms thereof, as the same may be amended from time to time. By this devise and bequest of my residuary estate I hereby exercise all Powers of Appointment I possess at the time of my death except any power of appointment which I possess under the Trust described in Paragraph FIRST (C) of this Will. FIFTH: Powers of Executor. In addition to the powers and duties as may have been granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the Executor shall have and exercise exclusive management and control of the Estate and shall be vested =~- LAST WILL AND TESTAMENT OF CLAIRE C. ROSS PAGE 3 with the following specific powers and discretion, in addition to the powers as may be generally conferred from time to time upon the Executor bylaw: (A) In the management, care and disposition of the Estate, the Executor shall have the power to do all things and to execute such instruments, deeds, or other documents as may be deemed necessary or proper, including the following powers, all of which maybe exercised without order of or report to any Court: (1) To sell, exchange or otherwise dispose of any property at any time held or acquired hereunder, at public or private sale, for cash or on terms, without advertisement, including the right to lease for any term notwithstanding the period of the Estate, and to grant options, including any option for a period beyond the duration of the Estate. (2) To invest all monies in such stocks, bonds, securities, mortgages, notes, choses in action, real estate or improvements thereon, and any other property as the Executor may deem best, without regard to any law now or hereafter enforced limiting investments of fiduciaries. (3) To retain for investment any property deposited with the Executor hereunder. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization, merger, consolidation, liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note or other security. (5) To use attorneys, real estate brokers, accountants and other agents, if such employment is deemed necessary or desirable, and to pay reasonable compensation for their services. (6) To compromise, settle or adjust any claim or demand by or against the Estate and to agree to any rescission or modification of any contract or agreement affecting the Estate. (7) To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any property of the Estate. ~. LAST WILL AND TESTAMENT OF CLAIRE C. ROSS PAGE 4 (8) To retain and carry on any business in which the Estate may acquire an interest, to acquire additional interest in any such business, to agree to the liquidation in kind of any corporation in which the Estate may have an interest and to carry on the business thereof, to join with other owners in adopting any form of management for any business or property in which the Estate may have an interest, to become or remain a partner, general or limited, in regard to any such business or property and to hold the stock or other securities as an investment, and to employ agents and confer on them authority to manage and operate the business, property or corporation, without liability for the acts of such agent or for any loss, liability or indebtedness of such business if the management is selected or retained with reasonable care. (9) To register any stock, bond or other security in the name of a nominee, without the addition of words indicating that such security is held in a fiduciary capacity, but accurate records shall be maintained showing that such security is a Estate asset and the Executor shall be responsible for the acts of such nominee. (B) Whenever the Executor is directed to distribute any Estate assets in fee simple to a person who is then under twenty-one (21) years of age, the Executor shall be authorized to hold such property in Trust for such person until he/she becomes twenty-one (21) years of age, and in the meantime shall use such part of the income and the principal of the Estate as the Executor may deem necessary to provide for the proper support and education of such person. If such person should die before becoming twenty-one (21) years of age, the property then remaining in trust shall be distributed to the personal representative of such person's estate. (C) In making distributions from the Estate to or for the benefit of any minor or other person under a legal disability, the Executor need not require the appointment of a guardian, but shall be authorized to pay or deliver the same to the custodian of such person, to pay or deliver the same to such person without the intervention of a guardian, to pay or deliver the same to a legal guardian of such person if one has already been appointed, or to use the same for the benefit of such person. (D) In the disbursement of the Estate and any division into separate trusts or shares, the Executor shall be authorized to make the distribution and division in money or in kind, or both, regardless of the basis for income tax purposes of any property distributed or divided in kind, and the distribution and division made and the values established by the Executor shall be binding and conclusive on all persons taking hereunder. The Executor may in making such distribution or y~.~c LAST WILL AND TESTAMENT OF CLAIRE C. ROSS PAGE 5 division allot undivided interests in the same property to several trusts or shares. (E) The Executor shall be authorized to lend or borrow, including the right to lend to or borrow from any trusts which I may have established during life or by will at an adequate rate of interest and with adequate security, and upon such terms and conditions as the Executor shall deem fair and equitable. (>~ The Executor shall be authorized to sell or purchase at the fair market value as determined by the Executor, any property to or from any trust created by me during life or by Will, even though the same person or corporation maybe acting as Executor of my estate or as Trustee of any of my other trusts. (G) The Executor shall have discretion to determine whether items should be charged or credited to income or principal or allocated between income and principal as the Executor may deem equitable and fair under all the circumstances, including the power to amortize or fail to amortize any part or all of any premium or discount, to treat any part or all of the profit resulting from the maturity or sale of any asset, whether purchased at a premium or at a discount, as income or principal or apportion the same between income and principal, to apportion the sales price of any asset between income and principal, to treat any dividend or other distribution of any investment as income or principal, or apportion the same between income and principal, to charge any expense against income or principal or apportion the same, and to provide or fail to provide a reasonable reserve against depreciation or obsolescence on any assets subject to depreciation or obsolescence, all as the Executor may reasonably deem equitable and just under all the circumstances. If the Executor does not exercise the above discretionary power, the cash or accrual allocation shall be in accordance with Chapter 81 of Title 20 of the Pennsylvania Consolidated Statutes, or the corresponding provisions of subsequent state law. (H) If at any time the total fair market value of the assets of any trust established or to be established hereunder is so small that the corporate Trustee's annual fee for administering the trust would be the minimum annual fee set forth in the Trustee's regularly published fee schedule then, in effect, the Trustee in its discretion shall be authorized to terminate such trust or to decide not to establish such trust, and in such event the property then held in or to be distributed to such trust shall be distributed to the persons who are then or would be entitled to the income of such trust. If the amount of income to be received by such persons is to be determined in the discretion of the Trustee, then the Trustee shall distribute the property among such of the persons to whom the Trustee is ~` -~~ ~~- LAST WILL AND TESTAMENT OF CLAIRE C. ROSS PAGE 6 authorized to distribute income, and in such proportions, as the Trustee in its discretion shall determine. (I) Except as otherwise provided in this Will, when the authority and power under this Will is vested in two (2) or more Executors or Trustees, the authority and powers are to be held jointly by the Executors or Trustees, respectively. A majority of the Executors or Trustees may exercise any authority or power granted under this Will or granted by law, and may act under this Will. Any attempt by one such Executor or Trustee to act under this Will on other than ministerial acts shall be void. The action of one such Executor or Trustee under this Will may be validated by a subsequent ratification of the act by a majority of the Executors or Trustees. SIXTH: Rights and Liabilities of Executor and Trustee. (A) No bond or other security shall be required of any Executor. (B) This instrument always shall be construed in favor of the validity of any act or omission by any Executor, and any Executor shall not be liable for any act or omission except in the case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any investment, the overall performance of the entire Estate shall be taken into account. (C) Each Executor shall be entitled to receive reasonable compensation for services actually rendered to my estate, in an amount the Executor normally and customarily charges for performing similar services during the time which he/she performs the services. SEVENTH: Tax Elections. (A) In determining the estate, inheritance and income tax liability relating to my Estate, the Executor's decision as to all available tax elections shall be conclusive on all concerned. In accordance with IRC Section 2632(a) and without regard to whether a Federal estate tax return is actually filed, my Executor shall allocate so much of the Federal Generation Skipping Transfer (GST) exemption amount as will fully exempt any generation skipping transfer which may occur under this Will. (B) The Executor may, in its discretion, determine the date as of which my gross estate shall be valued for the purpose of determining the applicable tax payable by reason of my deat . .~ LAST WILL AND TESTAMENT OF CLAIRE C. ROSS PAGE 7 (C) The Executor may, in its discretion, decide whether all or any part of certain deductions shall be taken as income tax deductions (even though they may equal or exceed the taxable income of my estate and whether or not claimed or of benefit on my estate's income tax return) or as estate tax deductions when a choice is available; and in the event that all or any part of such deductions are taken as income tax deductions, no adjustment of income and principal accounts in my estate shall be made as a result of such decisions. EIGHTH: Spendthrift Provision. No beneficiary shall have the power to anticipate, encumber or transfer his or her interest in the estate in any manner other than by the valid exercise of a power of appointment. No part of the estate shall be liable for or charged with any debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of a beneficiary. NINTH: DeFinitions and General Provisions. (A) Survival. Any beneficiary who dies within sixty (60) days after my death shall be considered not to have survived me. (B) Captions. The captions set forth in this Will at the beginning of the various articles hereof are for convenience of reference only and shall not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. (C) Children. As used in this Will, the words "child" and "children" shall include persons who are legally adopted and the issue of said persons, whether born in or out of wedlock, so long as any person born out of wedlock is acknowledged in a written instrument executed by the one of their natural parents who is a descendant of mine to be the child of said descendant. The word "issue" shall include descendants of all generations including adopted persons. A posthumous child shall be considered as living at the death of his parent. The birth to me or the adoption by me of a child or children subsequent to the execution of this Will shall not operate to revoke this Will. (D) Code. Unless otherwise stated, all references in my Will to section and chapter numbers are to those of the Internal Revenue Code of 1986, as amended, or the corresponding provisions of any subsequent federal tax laws applicable to my estate. (E) Other terms. The use of any gender includes the other genders, and the use of either LAST WILL AND TESTAMENT OF CLAIRE C. ROSS PAGE 8 the singular or the plural includes the other. (F) Powers of Appointment are Exercised. By this Will I exercise any and all Powers of Appointment which I possess at the time of my death except any power of appointment which I possess under the Trust described in Paragraph FIRST (C), above. IN WITNESS WHEREOF, I, CLAIRE C. ROSS, the Testatrix, have to this my Last Will and Testament, typewritten on nine (9) pages, including the Acknowledgment and Affidavit, set my hand and seal this 30"' day of June, 2004. ~- CLAIRE C. ROSS Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who have hereunto subscribed our names at her request, as witnesses hereto, in the presence of the said Testatrix, and in the presence of each other. Each of us further declares that he or she believes the Testatrix to be of sound mind and memory. The preceding instrument consists of this and eight (8) other consecutively numbered typewritten pages including the Acknowledgment and Affidavit. sH SAY.; (print name) residing at ~~,~:~ residing at ~©iLirUc~ S~Ri4.lC~S }~/~ (print name) ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: The Testatrix and the witnesses whose names are signed and subscribed to the attached or foregoing instrument, being first duly sworn and qualified according to law, do hereby acknowledge, depose and say to the undersigned authority, that the Testatrix signed and executed the instrument as her Last Will in the presence of the witnesses; that she signed it willingly or willingly directed another to sign it for her; that she executed it as her free and voluntary act for the purposes therein expressed; that each of the witnesses were present and saw the Testatrix sign and execute the instrument as her Last Will; that each subscribing witness in the hearing and sight of the Testatrix signed the will as witnesses; and that to the best of their knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. Testatrix ~~ Wit ess Witness Sworn to or affirmed, subscribed to, and acknowledged, before me by the above-named Testatrix and witnesses, this 30'h day of June, 2004. Notary Public My Commission Expires: Notarial Seal Teri it WaNcer, Notary P~~pc Lemoyne Boro, Ctxnbe~le~td Coldly My Commission Fires Jen. 20, 2007 Member. Penrtsvlvarda Assoaation Of Nolaties RENUNCIATION REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of Claire C. Ross a/k/a Claire Winifred Clouser Ross n ~O ~ ` J .,,, ~~ -'-' ~-• - . ~ ':7 ~ iw ~ i ~ m 'v>~ rn {, , ... ry ~ , / C ~i -' __, -r ~Y' ~ "i c`~ ~ _ ; T ~ c~ ~ cc° ~~`'' I, Shari L. Lahlou (Print Name) Deceased in my capacity/relationship as dau;;hter of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Kenneth E. Ross (Dare) Executed in Register's Office Sworn to or affirmed and subscribed before me this ~'~ of ~fa ~~',~ ~ ~.P day ~_1.~. ~~ ~. Deputy for Register of Wil > ~? ~n - ~ .._ i i . ~.,~~ ,- ( ature) ~ ~ / ~~ 5526 MacArthur Blvd. NW (Street Address)' Washington D.C. 20016 (City, State, Zip) Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purposes stated within on this of Notary Public My Commission Expires: day (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) Form RW-06 rev. IOJ3.Oti