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HomeMy WebLinkAbout04-10-12P? ..~ --`~ t i _7 ACT OF CONGRESS ~~-~~ _'~ ~'=' ~rj-i p ~: __- STATE OF LOUISIANA `,-~~ _~~ ~:~ PARISH OF EAST BATON ROUGE `-~ ~ ','- '"'"' y C:? -~ I, DOUG WELBORN, Clerk of Court for the Parish of East Baton Rouge, State of Louisiana, do hereby certify that the following 21 pages from Suit Number P94,398 Section 26 entitled: In The Matter Of The Succession Of Carol Jane Coston are full, complete, true and exact copies of the following document(s) contained in the original record: Petition for Probate of Foreign Testament and Appointment c>f Independent Executrix, filed: March 8, 2012; Order, filed: March 8, 2012, signed: March 9, 2012; Verification, filed: March 8, 2012; Verification, filed: March 8, 2012; Verification, filed: March 8, 2012; Verification, filed: March 8, 2012; Affidavit of Attorney, filed: March 8. 2012; Liast Wi11 and Testament, filed: March 8, 201.2; Exhibits/Attachments, filed • March 8 ~ 2012; _ GIVEN UNDER HAND AND SEAL in Baton Rouge, Louisiana, thisl6th day of Marc , 20 DOUG WELBORN, Clerk of Court Parish of East Baton Rouge, State of Louisiana STATE OF LOUISIANA PARISH OF,EAST BATipN ROUGE ,Presiding Judge of Section ~~ of the Nineteenth Judicial District Court in and fo~the Parish of East Baton Rouge, State of Louisiana, do hereby certify that: Doug Welborn, whose name was signed to the above certificate is now, and was at the time of signing, Clerk of Court for the Parish of East Baton Rouge; as Clerk of Court for the Parish of East Baton Rouge, Doug Welborn has custody of the original records of which the aforesaid document(s) are a part; Doug Welborn is the proper person to make the above certificate; the seal affixed to the above certificate is the seal of the Clerk of Court for the Parish of East Baton Rouge, State of Louisiana and said certificate is in due form. GIVEN UNDER MY H ND in Baton Rouge, Louisiana, this 16thday of IKarch , 20 12 , JUDGE, Nineteenth Judicial District Court Parish of East Baton Rouge, State of Louisiana STATE OF LOUISIANA PARISH OF EAST BATON ROUGE I, DOUG WELBORN, Clerk of Court for the Parish of East Baton Rouge, State of Louisiana, do hereby certify that ~Y Bates ,whose name was signed to the above certificate is now, and was at the time of signing, presiding Judge of Section 26 of the Nineteenth Judicial District Court and that the signature on said certificate is the Genuine signature of the said judge. GIVEN UNDE Y H ND AND SEAL in Baton Rouge, Louisiana, thisl6th day of March 20 12 DOUG WELBORN, Clerk of Court Parish of East Baton Rouge, State of Louisiana Administration Form NS Rev. 10/] 1/30 C+w~> i East Baton Rouge Parish Clerk of Court - P94398 PET/PROBATE Page 1 of 4 1~i0K~___.E."~ 19TH JUDICIAL DISTRICT COURT ' MAR - 8 201 , PARISH OF EAST BATON ROUGE pEp~K 0OF UR! STATE OF LOUISIANA T N IN THE MATTER OF ROBATE NO. ,A THE SUCCESSION OF PETITION FOR PROBATE CAROL JANE COSTON OF FOREIGN TESTAMENT AND APPOINTMENT OF INDEPENDENT EXECUTRIX The petition of LINDA COSTON WHALL, of the full age of majority and domiciled in East Baton Rouge Parish, Louisiana, respectfully represents: 1. Cazol Jane Coston died at Baton Rouge, East Baton Rouge Parish., Louisiana, on December 10, 2011. The deceased was residing in and domiciled in Batcm Rouge, East Baton Rouge Parish, Louisiana at the time of her death. 2. The deceased was married but once and then to Marlin E. Coston, who predeceased her. Of this marriage, only four (4) children were born, namely, Barbara Coston, Linda Coston Whall and Richard Coston, the three of whom survived the deceased, and Edward Coston, who predeceased the deceased. As of the date of death, all of the deceased's children were (or would have been) over the age of twenty-three M 6~ yeazs and no child of the deceased suffered from any mental incapacity or physical ~~ (~y~}~'_ infumity which made him permanently incapable of taking care of his person or 111JJJ"'"'""" ~~ ~~~ administering his estate. The deceased had no other children born to or adopted by her. 1/" 1~ 3. The deceased left a testament which is attached to this petition. The testament was executed by the deceased on May 6, 2011 in the Commonwealth of Pennsylvania where she was domiciled at the time. Pursuant to Louisiana Code of Civil Procedure Article ~~ ~~ 2888, "A written testament subscribed by the testator and made in a foreign country, or in of- o~ another state, or a territory of the United States, in a form not valid in this stapE~y~i{b MAR 15 2012 zn?Fw 1.pOC `~~,iEPi~fliSN pF ii ~:•' •••~=,Certified True and ~, ~. ~' ~~ ~j~l ~ Generated Daic: "~' . .~- Correct Cop = ~W: :a I y 4 _ ------- - ---p- ~ ~asCi3ainnltougc t'Srisfi----------- ~it6i?0122 '7 PM 1 • ` 6 ? ~~. • ~~ eCertiD: 40002. 2 ' o : . Deputy Clerk of Court .~ East Baton Rouge Parish Clerk of Court - P94398 PET/PROBATE Page 2 of 4 under the law of the place where made, or under the law of the testator's domicile, may be probated in this state by producing the evidence required under the law of the place where made, or under the law of the testator's domicile, respectively." As executed, the testament is not in a form which is valid under the laws of the State of Louisiana. However, the testament is valid under the laws of the Commonwealth of Pennsylvania, particularly Title 20, Sections 2501 and 2505 of the Pennsylvania Statutes and Consolidated Statutes Annotated, a copy of which is attached hereto. 4. The attorney for the petitioner has received an affidavit from an attorney licensed in the Commonwealth of Pennsylvania attesting to the fact that the will meets all of the requirements of the Commonwealth of Pennsylvania in order to give it validity as a last will and testament of Carol Jane Coston. 5. The affidavit further provides that the will is self-proving. It is unnecessary under the laws of the Commonwealth of Pennsylvania to make any further acknowledgment or affidavit of the witnesses or Notary Public, as shown by Title 20 Section 3132.1 of the Pennsylvania Statutes and Consolidated Statutes Annotated, a copy of which is attached hereto. 6. Petitioner desires that the attached testament be probated. 7. Article Fourth of the deceased's last will and testament appoints petitioner, Linda Coston Whall (formerly known as Linda Ducote), as Executrix in the testament, without bond, and she desires to be appointed and qualified as Executrix. ~~~~EPA tSN~ ;.DOC ~. ~~ '••~~; ,Certified True and ~' ~= Correct Copv ~~•.• ~a eCcrtID:000021246 Yo o~: z ~~ ~jh~t_ ~~ Generated I)aic: . ___._. Est aton Doge [ arcs 3J16I2012 2: [7 1 ;RI Deputy Cleik of(:ourt East Baton Rouge Parish Clerk of Court - P94398 PET/PROBATE Page 3 of 4 8. Furthermore, pursuant to Louisiana Code of Civil Procedure Articles 3396 through 3396.2!0, petitioner would like to be appointed as the Independent Executrix with powers of independent administration. 9. Louisiana Code of Civil Procedure Article 3396.3 provides that when a deceased died testate and his testament designates an executor but does not provide for an independent administration of the estate, all of the general or universal legatees of the deceased may agree to have an independent administration in the application for filing of the deceased's testament, or thereafter, and collectively designate the person named in the testament to serve as independent executor. 10. Article "Third" of the deceased's testament left all of the deceased's property after certain particular bequests to Barbara Coston, petitioner, Linda Coston Whall (formerly known as Linda Dtrcote), Richard Coston and Karen Coston, as the universal legatees of the deceased. 11. As evidenced by their attached verifications, the four universal legatees of the deceased hereby consent to the conversion of the administration of this Succession to an independent administration and consent to the designation of petitioner, Linda Coston Whall, as the Independent Executrix, without bond and with full powers of independent administration including the power to sell immovable (real) property without court authority. WHEREFORE, petitioner prays that: 1. The testament be admitted to probate, filed and executed according to law. 2773684 I.DUC ``~S~EPIJ_ USH pF si ~:~' ~ '•~~ Certified True and `•~= Correct Copv ,~`•.• "' = eCertlA: O(~002 (246 .~ c ; ~°: 3 y~~~j~t_ ~ Gcocr~t~dDulc: _ •v ~-ast Eton kilo i. Parish _-- -- Deputy Ckrk olY;ourt 3/18x2012 2: L7 PM Fast Baton Rouge Parish Clerk of Court - P94398 PET/PROBATE Page 4 of 4 2. Petitioner, Linda Coston Whall, be qualified and confirmed as Independent Executrix, without bond and with full powers of independent administration including the power to sell immovable (real) property without court authority, and that Letters of Independent Administration be issued to her upon her taking the oath required bylaw. By Attorneys, ~_ '~ Kevin C. Curry (L . oll No. 23012) KEAN MILLER LLP Post Office Box 3513 Baton Rouge, Louisiana 70821 ,.• r.,,~; ;r. ~ Telephone: (225) 38'7-0999 rt~ Facsimile: (225) 388-9133 '!"~EaslONt `~ - MINt1lt1'hl 01Ep~ICT16'~N .._ E!. ~' t'11'ltElt - - d^~ls ~ tutoAlHlr ~: lJ ~-. w ~: ~- -' ~~" ORDER ~= c c: ; t, -~~ t Cnnside~ing the foregoing petition, the supporting evidence attached, and the ,.. c.; - - Test$tiient of Caazpl Jane Coston presented with the petition: IT IS ORDERED that the last will and testament of the deceased, Carol Jane Coston, ay 62011 be proved before me immediately. ~-, ~;t ~ ~ chambers at Baton Rouge, Louisiana, this _~ day of _ _ ~ r~ ,'. ~ ~' ~. ~2. .:, ~ ,~~•- <z ,~ c'~ s ~;~ ~~ _~ ° ~ JUD Judicial District Co~ V .. s ~~ ~n =~ ~~ ~m ~~ ~ ~»x~t. t.ooc \~S~E411NISN pF ~~~ „~•: • '••~: Certified True and ' Correct Cnppy ~~`•.• eCertlD: UUUU2I246 ~~r~~ nti i~~~~• --- 1=ast~F3ainnTFuugeTsartsfi "~ 3/16(20122:I'71"M Deputy Clerk of Cnurt East Baton Rouge Parish Clerk of Court - P94398 VERIFICATION 19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA SECTION ~ 1N THE MATTER OF THE SUCCESSION OF CAROL JANE COSTON PROBATE NO. ~~ VERIFICATION STATE OF LOUISIANA PARISH OF EAST BATON ROUGE B'EFOR); ME, the undersigned authority, personally came and appeared LINDA COS`l!'ON WHiI<LL, who after being duly sworn did depose and state: .~ , . , c.~ Tfial A~pearer has read the foregoing Petition for Probate of Foreign Testament - r. ; ~--: ~ i and ,'•Appantm~-t of Independent Executrix and knows the contents thereaf and that the - r.., stat$i#tents contained therein are true and correct to the best of Appearer's knowledge, information slid belief. Furthermore, the undersigned consents to the appointment of Lin+~a all as Independent Executrix without bond and with full powers of 7' - J ipen ' ;_~'$ftation including the power to sell immovable (real) property without t~~tta ':: -~ ~~ J e7 to .[ t ~ ,, V.. 1 , ~,~ G7 u «] J Y `Y •~ ~D ~~ ~_ U ~f1 L~ ~ LJ 1' `~' _ ,, n 1al ~~• a:~ V ~ W I1 /I U U Lin a Coston Whall i~- SWORN TO AND SUBSCRIBED before me, this S,~ day of .,.~ti, 20~. Page I of 1 f• ~~ ', o~tary~Publ.~ic $~' ~ Name: (~+' S m~ NotaryBar Roll No.: My Commission expires:. ~ ~~-•w Clndy L. Ha~vkluft ~i°"' s Notary Public - Louisiaon {V'1Aa 14fry~ t ~~ .~r u"y a'y"'""""°'it,,'{' East Baton Rou Parish `~~,IE4PRtSHOF ~~ '~`~ '•~~,a-;Certified True and Notary ID 65847 1~: -~• ~:~_ Correct Copv ~,~/r~-•~ f~.~s- ccne,~cedi>ptc: - :e_ i ___ z'~•., :ate eCetUD:00002 248 ---~'a'stfTaio`nffougei'arisfi --------_. %.~"o,•~.. .. O~A~. Ueputy C9irk of Court .3i 16/2012 2:1.7 PM ~ •a q~~lT t#H~~~P Fast Baton Rouge' Parish Clerk of Court - P94398 VERIFICATION 19TH ,x1DIGAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LIJUISIANA SECTION ~ IN THE MATTER OF PROBATE NO. QN3~_ THE SUCCESSION OF CAROL JANE COSTON VERIFICATION STATE OF ~- COUNTYlPARISH OF BEFORE ME, tt-s tnderalgned authority persortdly came and appeared BARBARA COSTON ~ who alter belrg duly swum did depoeB and state That Appeaer has reed the foregoing Petition far Probe of Foreign Teetamer~t and Appoirrtrrrent of Irdeperrder-1 Executrix and knows the t~rrtents thereof and that the statamenta cordeir-ed therein ore true and correct to the hest of Appeerex's kr-owledga information and belief. Furthermore, the underelgned s to the appointment of Lirda Castan Wheal ~ Ix Elceoutrix without bond and with full ptr~rers of indeperdetx adrriniatration indtxing thepower td sell immovable (reel) property without cpxt arnt,orlty. ~~~ ~~ ^/ Barbera Colton ~` ,fs ~ ~S ~~//SIWORN TO AND SUBSCRIBED Gefore rrra this ~01 degr ~~_ ~PIrLGG+/ 20~. T.4.~195'IP 1es~ d~zer.oa ~o A~ r - amex_ M~ - $ JP 8185 6 7/pAM_fAOL Page 1 of 1 ct:' i ~~~ ~ ~~.Certified True and 'v ~~~EPAItISN f, :.~= COrreCt Copy K --..- .'` s ~- yf/~ ~~~- ~~,~ GcncrateJ Datc: 1,,:°, F.aFi }I-'atol~Rongei ansfi 311 613 0 1 2 2:17 PM -~'., eCerrID:00002i249 ~r ., ~ f>eputy CI¢rk of (.curt .n•.. 'ri n'3 ~ ~ '~•` .,~li ~*~tv~~~~ Fast Baton Rouge Parish Clerk of Court - P94398 VERIFICATION 19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA SECTION ~(p [N THE MATTER OF PROBATE NO. ~~_ THE SUCCESSION OF CAROL ]ANE COSTON VERIFICATION STATE OF COUNTY/PARISH OF - BEFORE ME, the undersigned authority, personally came and appeared i RICHARD COSTON, who after being duly sworn did depose and state: ~ 't'hat Appearer has read the foregoing Petition for Probate of Foreign Testament , .~ ~. ~ r~rtd appointment of Independent Executrix and knows the contents thereof and that the ~- i . '=§tatements contained therein are true and correct to the best of Appearer's knowledge, t. ._ I._ c infomtation and belief Furthermore, the undersigned consents to the appointment of ~ , t~ `-' Linda1} Coston Whall as Independent Executrix without bond and wHh full powers o indendndent administration including the power to sell immovable (real) property without <i . J ~i ~.> ;,~- ;~ ,~ (~ ~e9a~ ~. `. , , . "'-L I,~ ~~ ~~ Richard Coston L ~J ~,=.'~t.tw !:.$~`~ TO AND SUBSCRIBED before me, this .~!~ day of °'•`' ~, s ~_ ~~ ., r., , zo /v.' ~, ~~~~° ~_ , Si: t'v: 4 tD ® riJ m~ Notary li m~ ~ A 1 ares~b~ ~~,~ ~= NotaryBar Roll No.: ~_ My Commission expires:~o~~ m= ~- r ~ xmsu_rooc Page I of I ~ ~tEpARISk ~~~ `4 .r" Of~A~Certi~.ed True and Generated DRte: =~~ 1~'s~3 Correct Cop ~~ - ~'~~'" -- e~ [ ~' Fai E15ioa lLou i,1'ai isfi =~`.. °ia eCertID:00002 252 8' 3%t6/2D122a7PM ,r . Deputy C lrrk of Ct~urt ~' o ,~``~ • Fast 1}atop Rouge Parish Clerk of Court - P94398 VERIFICATION Page 1 of t 19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA SECTION ~ IN THE MATTER OF PROBATE NO. ~1~- THE SUCCESSION OF CAROL JANE COSTON VERIFICATION STATE OF D~^~O'"~'^10-J COUNTY/PARISH OF ~~' r I BEFOR~~ME, the undersigned authority, personally came and appeared KAREN ~_~ t ~ c•.a COS'f'014 why~i4fter being duly sworn did depose and state: t-- ,. , c-: . ~ i .' J 'filet Ap~earer has read the foregoing Petition for Probate of Foreign Testament -_: ~_; - and ~ppointm~nt of Independent Executrix and knows the contents thereof and that the ..; statements contained therein are true and correct to the best of Appearer's knowledge, inf~tna ' n belief. Furthermore, the undersigned consents to the appointment of J ~''~ .t ,' ~ as Independent Executrix without bond and with full powers of I; my ~-:i C~ ~= ', ' ' i~tation including the power to sell immovable (real) property without ~~~';' 'L.~ C7 U L~~t'a o' ~ o ~ f:j ~( tom.: ~" %•u K Coston SWORN TO AND SUBSCRIBED before me, this ~~ ay of ~_ , 20 ~~ orno~ ~s J! ~~ Notary Pub is ~~ Name: ~ ~ ~~~~~ ~ NotaryB oll No.: 8 ~ ~ My Commission expires: ~a~Ereei~Ny'~ t.ooc ,~ t0 ,......., O,c/Ii ~.~ •••PU,Certifled True and tw•~ "~e= Correct Copv '., ~;I,~pa^ eCettiD:00002I253 `4` ~. rya • a . 'h~ tg ~;;,~`~`~ e ~~ ~.~t_. ~~~ Generated Datc: EasCBaixirilFougePa>~sfi 3lL6l20122:17Ptvt Deputy Clerk of Court East Baton Rouge Parish Clerk of Court - P94398 AFFIDAVIT 19TEI JUDICIAL DISTRICT COURT PARISH OF EAS"f BATON ROUGE STATE OF LOUISIANA SECTION ~ IN THE MATTER OF PROBATE NO. ~y~_ THE SUCCESSION OF CAROL JANE COSTON AFFIDAVIT' OF A"1TORNEY COMMONWEALTH OF PENNSYLVANIA COUNTY OF P~~., (N~ /,~,,,t Page t of 2 BEFORE ME, the undersigned Notary Public, personally came and appeared MICHAEL CHEREWKA, who after being sworn did declare as follows: Appearer declared that he is an attorney duly licensed to practice law in the Commanwealth of Pennsylvania. Appearer further declared that he has been practicing law in the Commonwealth of Pennsylvania for thirty (30) years. Appearer further declared that he is knowledgeable with regard to Pennsylvania's probate and will law. Appearer further declared that he was presented with a copy of a document written by typewriter on eight (8) sheets of 8 1/2 x 11 inch size paper, including annexed verification affidavits and attestation page, beginning with the words: " KNOW ALL MEN BY THESE PRESENTS, that I, CAROL J. COSTON currently residing in Camp Hill, Cumberland County, Commonwealth of Pennsylvania, being in good health and of sound and disposing memory do hereby make, declare and publish this as my Last gill and Testament, hereby revoking all former Wills and Codicils heretofore made by me." and ending with the words (excluding subsequent witness declaration and self-proving. attestation page): _ IN WITNESS WHEREOF, I, CAROL J. COSTON, the Testator to ~ t'his, my Last Will and Testament, typewritten on eight sheets of paper ~~ which I have identified at the bottom of each page by my signature, ~_ hereunto set my hand and seal the 6 day of May, 2011. e ~= /s/ Carol J. Coston °00 Carol J. Coston" t ~uii'~1:~ii~.dOC - ~', -~-`. ~e~ isx `:~= Correct Co y ~~~'~ ~C~,Certified True and ~~ ~~`_ i> Gencr~tcdDttic: fast Baion IFou a l~arisfi -- -- ;/16i?012 2:I R I'M ?,'~., ~;~ eCerill):00002 254 ~ ,r . `oaC Deputy Clerk of Court East Baton Rouge Parish Clerk of Court - P94398 AFFIDAVIT Page 2 of 2 This document was executed in proper form as a last will and testament under Pennsylvania law in accordance with Title 20, Sections 2501 and 2SOS of the Pennsylvania Statutes and Consolidated Statutes Annotated. Appearer further declared that pursuant to Title 20 Section 3132.1 of the Pennsylvania Statutes and Consolidated Statutes Annotated, the last will and testament of Carol J'. Coston, dated May 6, 2011, is aself-proving will. In order to probate this will under Pennsylvania law it is not necessary to furnish any additional proof other than the affidavit of the witnesses contained in the will. - ~~~-. Micl ael Cherewka r, ~~. M1- SWORN"TO AND SUBSCRIBED before me this ~ day of I{1( ~ , ICI r~; iJ~ } ~:-, s ; ... - i _ ~_; 1= ~:~, u 'i ~ L Notary ublic My Commission Expires: ' i ,_ T T .~ oMMONwsuni of ~o+wr~v ";; ~ `~ NOTARIAL SEAL ~~ :~ r- : a - LESLIE G. LEACH, pt+blc ~:.. ~ ~ , " Ell h J - " ~ w p ea u 24, 2013 r ~ 7 n :: . ) ~"t.. .N ~.~ Y r~ ~_ ~ K 7 ~- C.. ". J Ce 217?R~+~ I DpC ~~~~EpARISN`~~~ ~~~'' • ~''••.~,4~,Certified True and ~~ '~' F:~= Correct Coppv =,~~•. Fa` eCertID:000021254 o ~. 2 ~~,y/ ~,,.~y~._.. ~ Gcncrntcd talc: __ _.. _ _ ts1- . elfin ffougc 1SaFivfi ---- - ;/16/2D1.2 2a8 PM Deputy Clerk of Court East Baton Rouge Parish Clerk of Court - P94398 LAST WILL AND TESTADtENT G~3ge,l of 8 . ~ec.St4 LAST WILL AND TESTAMENT KNOW ALL MEN BY THESE PRESENTS, that I, CAROL J. COSTON currently residinjg in Camp Hill, Cumberland County, Commonwealth of Pennsylvania, being in good health and of sound and disposing memory do hereby make, declare and publish this as my Last Will and Testament, hereby revoking ail former Wills and Codicils heretofore made by me. FIRST: I direct that all of my debts not barred by the statute of limitations, expenses of my last illness, funeral expenses, costs of administration and claims allowed in the administration of my estate shall be paid by my Executor hereinafter named, from my estate as soon after my decease as shall be found convenient. SECOND: I bequeath my automobiles, household and personal effects and other tangible personalty of like nature (not including cash or securities), together with any existing insurance thereon, as are set forth in a separate memorandum, which I shall place with my Will, to the per~otrs therein'designated. Any property and other personal effects not otherv~rise specifically r listed id'suclx sepazgte memorandum shall be distributed to my children, in equal shazes. If they aze unable ifo agYee, then by making alternate selections of items in turn until each has selected an equal dpllaz iaitlount, provided that the share of anyone who predeceases me or dies before the compleke distribution'of his or her share shall be distributed to his or her issue pear stirpes and in tiJ default pf any such then living issue such share shall be added to the share or sh~~res for my other childrern, per stirpes. ~C!. ~ i e F- .g v , devise and bequeath the rest, residue and remainder of my estate, ~ whe c ~~ or~xed, and of any nature whatsoever and wherever situate, as follows: -y-'t. ~,; is `~ m~ -i~~i~t I `O~~ourth (1/4) thereof, to my daughter, BARBARA COSTON. In the ~ ~ ~~~vent Ila-~~ !L1`er, BARBARA COSTON should predecease me or not be living on ~~ "•`~be thirf} fir~~;~ay a~er my death then her one-fourth shaze shall be added to and ~= , , distributed as part of the residue. °LL2~`c ~• C~~Q~D77 ~~~~EpFR18N ~~~ 10 .........,O,r ii ~:~` ~ ~~ :Certified True and ?~' i ~__ Correct Copv -~ ~- ~''`` '"'` ~= eCerllD: 00002 (255 Fast F3atnn Ruug~ 135i ish %~'~ ~a~ Ucputy Clerk of Court 'moo '~~tnnitr` Generated Uate: 3116!2012 2:1 R PM East Baton Rouge Parish Clerk of Court - P94398 LAST WILL AND TESTAMENT gc.I~gt Page 2 of 8 ' $eec.2/o B. One-fourth (1/4) thereof to my daughter, LINDA DUCOTE. In the event that my daughter, LINDA DUCOTE should predecease me, or not be living on the thirty- first day after my death, then I give, devise and bequeath her one-fourth :;hare to her children who survive me. In the event that my daughter, LINDA DUCOTE and her children should predecease me or not be living on the thirty-first day after my death, then I direct that this one-fourth shaze be added to and distributed as part of the residue. C. One-fourth (1 /4) thereof to my son, RICHARD COSTON. In the event that my son, RICHARD COSTON should predecease me, or not be living on the thirty- first day after my death, then I give, devise and bequeath his one-fourth share IN TRUST to the Trustee hereinafter named, for the benefit of his son, MORGAN COSTON, as set forth in Article SIXTH of this my Last Will and Testament. D. One-fourth (1/4) thereof to my daughter-in-law, KAREN COSTON. In the event; that my daughter-in-law, KAREN COSTON should predecease: me, or not be "living on the thirty-first day after my death, I give, devise and bequeath her shaze to the .; cllih~ren of,her marriage to my son, EDWARD COSTON, who survive rne, in equal ;_-'sees. _ FU~IRTH I hereby nominate, constitute and appoint my daughter, LINDA :; DUCO'TE, without necessity for posting security regazdless of state of residenc}~, as Executor of this, m~ Last Whl and Testament. In the event that my daughter, LINDA DUCOTE shall predeceyase me, or unwilling or unable to act as my Executor, as aforesaid, then I nominate, cot~tit t d app int<~ty son, RICHARD COSTON without necessity for posting security <.,; :; ryg~ s I tt ii~'re3sidence, as Executor of this, my Last Will and Testament. All references t5a_!it t r,`~efe~rj~hall be applicable to said substitute Executor. - __t ~, C:~ ~- - L- <; .~,~ '~J C.~7 U I<~ -, 1, -C ~ p ..i r:~., C. ~ 1.1 1.:: ~~ ~.~~,,., Li ~~~~t p11R13y l~i~ .laE ........0<' it ~.~'' ~ '~~~+N.Certified True and ?~ ~ ? Correct Copy ~~`., '„? eCeeKID: 00002. 2$$ 1"ast F3aiiin 1~orige Itaiish . ~~°~ Dcputy C`I~rA otCourt ~% o ~~~'~s li,t+i~~. Generated Date: 3/ 16!2012 2: l8 PM East Baton Rouge Parish Clerk of Court - P94398 LAST WILL ANll TESTA11fF,NT C~c.1~9~(Page 3 of 8 80C.2(s FIFTH: I hereby nominate, constitute and appoint LINDA DUCUTE, as Trustee of the trusts created by this, my Last Will and Testament, without the necessity for posting security regazdl~ss of state of residence. Iti the event that my daughter, LINDA DUCOTE shall predecease me, or be unwilling or unable to act as my Trustee, as aforesaid, then I hereby nominate, constitute and appoint mydaughter-in-law, KAREN COSTON, as Alternate Trustee of the trusts created by this, m}i Last Will and Testament, without the necessity for posting security regardless of state of residence. (SIXTH: The Trustee shall create a sepazate trust for the benefit of my grandson, MORGAN COSTON. The Trustee shall hold, manage, invest and reinvest the property in the trust and collect the income therefrom until MORGAN COSTON has attained ttfe age of thirty. (a) While my grandson, MORGAN COSTON is under the age of twenty-two years, my Trustee shall use for his benefit so much of the income of his trust as my Trustee considers necessary or desirable, for the welfaze, support, education (including;college, both undergraduate and graduate) and maintenance of him, taking into ~cpn~ideration his other readily available assets and sources of income. _ '; • (b) Whenever my Trustee determines that the income of my grandson, MORG COSTON, from all sources known to the Trustee is not sufficient for his reasona a support, maintenance and education, and that of his immediate family, the r.-:r= }I' .ay p~ to him, or use for his benefit, so much of the principal of his trust as the '- .i ~r ~,,~_. +det~i;Rt~nes to be required for those purposes. ~~ tii _..! ..,~ 1 ~_ ~~ _' ~ ~ ,° =," Vic) After my grandson, MORGAN COSTON attains age twenty-two, - ~tp•~~y to him the net income together with so much of the principal thereof as ;.;, c5 • 'Ttu}teg ~S~all c~sider advisable for the support and education (including college, both undergraduate and graduate and technical school) of him after taking into consideration his other readily available assets and sources of income. CCa~~ ~. <~~~~ ~~~~aEpaRWN p~/~i co'~,:' ~ ••.~,~,Certified True and _'~' ~~= Correct Cop ~~ ~t-- ~~'`` ""' az eCettlD: 00002 255 east Ha(~in ttouge T aiish - ~ Y'• Deputy ('Icrk of Court :~ c ;.~~. '',~~51 I llr~ ~~ Generated Date: 3/16/2012 2:1 R PM East Baton Rouge Parish Clerk of Court - P94398 LAST WILL AND TESTAA4ENT gy3~ge 4 of 8 • ~ ~~ (d) When my grandson, MORGAN COSTON attains the age of twenty-five years or upon graduation from college, whichever date is later, my Trustee shall distribute to him an amount equal to twenty-five (25%) percent of the then remaining principal and accumulated income of his trust. If he has not ;graduated from college prior to the age of twenty-five, there shall be no distribution under this subparagraph (d), and he will receive the balance of his trust at the age 1:hirty. (e) When my grandson, MORGAN COSTON shall have attained the age of thirty years, my Trustee shall distribute to him, the balance of his trust, including all principal and any accumulated income, and that trust shall thereafter terminate. (f) Upon the death of my grandson, MORGAN COSTON, the Trustee shall distribute his trust, as then constituted, in equal shares, to or in trust for the benefit =''of his children, per stirpes. In default of such children, then my Trustee shall distribute such trust ~ equal shares pursuant to Article FOURTH of my Will. • .` ; 2. ; The Trustee may make payments to or on behalf of any person who is the ben~fticiary~of anX trust hereunder but in no event, however, shall payments be made to any cred~tlbr or other such person because of anticipation of payment by the beneficiary, and any such claim invade by way of anticipation by the beneficiary shall be of no validity or legal effect. 3. The Trustee, at its discretion, may exhaust all of the principal and income ~:~ i ~t1:ie proposes of this trust and should the amount held in trust become less than ,0 a eii foi ~flation from the date of this will, the Trustee may pay the total amount of ~._ ~ ' `~ , spud !tl:}+~o t~e beneficiary or to a parent or guardian of said beneficiary or place said iFr account for the benefit of said minor until said minor becomes of age. x ~ ~ ~,_ v t:7 .~ i- '~ ~~: My Executor shall have, in addition to the powers and authority conferred upon him by` Iaw, the following additional powers and authority: ~; GIX.~- ~~~y~,EPpP18H pF i .~`~: ' '• :Certified True and ;~: ' -~: ~~ Correct Cop .~/ ~~~--- ~'`` ~„.• ~_ I y _ _.~aSlHaknlfou vraiisF ~•, f - eCertlD: 00002 255 Deputy Clcrk urCourt ~~`~$ n t t~`~~y Generated Date: 3/t6.120122:181'M. East Baton Rouge Parish Clerk of Court - P94398 LAST WILL AND TESTAMENT ~l~t`lEFage 5 of 8 • 9w~ 1. To sell at public or private sale, exchange, transfer, partition, give options upon, lease, mortgage, pledge, or otherwise dispose of any property, real or personal, at any time constituting a portion of my estate, and upon such terms and conditions as the Executor shall deem wise. 2. To invest any money at any time in such bonds, stocks, notes, real estate, mortgages, life insurance, annuities or other securities, or such property, real or personal, as the Executor shall deem wise, without being limited by any statutes or rule of law rc;garding investmments by the Executor. 3. To retain, without incurring any liability, as investments, any property owned by me at the time of my death, as long as my Executor may deem it wise, and even though such property is not the kind of property an Executor would purchase as an investment; and even though to;retain such property might violate sound diversification principles. ,,~ :~ 4. ,' To cause any security or other property which may constitute a portion of my e8t~te-to•be issued, held or registered in the Executor's own name, or in the name of a nominge, oF;in such form that title will pass by delivery. ~. 5: - To consent to the reorganization, consolidation, readjustment of the financi9l structure or sale of the assets of any corporation or other organization, the securities of which constitute a rtion of my estate, and to take any action with reference to such securities w,>~'Ch(~t~ ~_'on {~ the Executor is necessary to obtain the benefit of any such rig b4r15Q(~dation, readjustment or sale; to exercise any conversion privilege or ~lL/i~OC off". ~~YL~ 5 r=~:,i ~ ~ a ~- stsb~cii tt ~ f >~'~ to my Executor as owner of any securities constituting zt portion of my e~~ltr' ,~oFsj {~y reorganization, consolidation, readjustment, sale, conversion or su6scri ~-' '~-~ " ~ti t'= cs •. ,~= ~- _ , ~; ti ~- J 6. To pay all costs, taxes, charges and expenses in connection with the administration of my estate, including such compensation to the Executor which shall be in accordance with established fees throughout the period of administration of my estate. ~J~EgI1RI9k ~~/ ~~ 1~ .........Os'ti c`~:•' -•~;,Certified Prue and /, =_ ~g= Correct Co .~/ ~~-- ,r~- :ro,~r * ~,~,~~ -~ncpUuty n ttoi~g~ Ponsh - - s.. 6'` eCertlD: UUUU2. 55 (•lerl.ofCourt not Generated Date: 3! 1.6(2012 2:1 R NM East Baton Rougle Parish Clerk of Court - P94398 LAST WILL ANll TESTAMENT ~1rP_age 6 of 8 •~`9tz~c-Lfo 7. To determine what is "income" and what is "principal" hereunder, and my Executior's decision thereon shall be final; and to purchase securities at a ptemiaun or discount, and to Apply or chazge said premium or discount against income or principal as the Executor may determine. 8. The Executor may make payments to or on behalf of any person who is the beryeficiazy hereunder but in no event, however, shall payments be made to any creditor or other spch person because of anticipation of payment by the beneficiary, and an;y such claim made by way of anticipation by the beneficiary shall be of no validity or legal elTect. 9. To borrow money from any person, firm or corporation, including any corporaltion acting as an Executor hereunder, for the purpose of protecting and preserving or improv~ng my estate hereunder; to execute promissory notes or other obligations for amounts so borrowi,~d. ~a p „ ~ • ~:.~ 10, ' To employ legal counsel, accountants, brokers, investment advisors, _ ,•~ custotiit~ns, paan~ge~rs and other agents and employees and to pay reasonable compensation out of my es4~~e st)any'funds held hereunder to which said compensation is attributable. J 1 j'. ; To carry on any business owned or controlled by me at my death for whatever period pf time my Executor shall think proper, and my Executor shall have the power to do things my Executor deems necessary or appropriate, including the power to closet o to or ~~il the business at such time and upon such terms as my Executor shall P? ~~, a .:. ~ ._ `- •~ _-' ~.~~ 3'o do all other acts in my Executor's judgment necessary •or desirable for ~, ; . ~.J !,~ U tl}e}irople ~tl;geous management, investment and distribution of my estate. ~, - c~ -- ~-~ ~I~H~'I~: `i direct that all transfer and inheritance taxes, state or federal, assessed because of my death, whether the funds, property or insurance proceeds to which such taxes are attributable pass under this Will or not, shall be paid out of my residuary estate; that my Executor pay, or provide for payment of all such taxes at such time, or times, and in such manner as my Executo#' deems best. S'~~ ~- ~~t~ 6 ``~N QRR19H ~? ZEE ........ as~ i ;~'~:•' ~ '~•. ,;;Certified True and ~: =~~ ~` Correct Co~ -~ ~` ~~s~,`•.. eCe111D: 000021255 Falk Butanl2uu ~ t arish ~y L)eputy Clerk of (:'ourt '~~~~ ! i Hr~~\VY`~ Generated Uflte: 311.6!2012 2:18 I'M Fast Baton Rouge Parish Clerk of Court = P94398 LAST WILL ANll TESTAMENT Q43~age 7 of 8 . '~.Zfo IN WITNESS WHEREOF, I, CAROL J. COSTON, the Testator to this, my Last Will and Testament, typewritten on eight sheets of paper which I have identified at the: bottom of each page by my signature, hereunto set my hand and seal the ~ day of ~~CY 2011. -~ CARD J. COSTOIY The preceding instrument consisting of this and seven other typewritten pages, each identified by the signature of the Testator, CAROL J. COSTON, this day and date thereof signed, published and decl~fed by C.¢ROL J. COSTON, the Testator therein named, as and for her Last Will, in ,;•, the p~esena8 of us who, at her request, in her presence, and in the presence of each other have subscribed eur nart;es as witnesses. - c-.:) ~. ~: : c-C)~ . L.-T <.~, , . _ _ =i ~ `: ~-" ~ ~ v:, _~ c4 :~~ _ ci _ .. ~ t a lil _ c.ic - L_i - !. -) o. : i ~J ca ; ~ _ + C~~ ~ Y '. ~_ -l LJ _ ~~~~EpA818N~~~~G t~ ........Of i ~~:'' ~ ~•`'+~;~Certified True and ~ /f =c~ ,~~~ COrreet Coppy ..... ~ist BSliiaRoish ° _......_ __.. "s~••.. :`a* eCertID:00002I255 K' %"o''•.. c~~` Ueputy ClLrl. of Court Generated Uate: ~!16l2012 2:1R PM Fast Baton Rouge Parish Clerk of Court - P94398 LAST W[LL AND TESTAMENT ~1~1~1~(Page 8 of 8 • ~.4,Cp COMMONWEALTH OF PENNSYLVANIA: ss COUNTY OF CUMBERLAND Y, CAROL J. COSTON, Testator whose name is signed to the attached or foregoing instrumeent, having been duly qualified according to law, do hereby acknowledge: that I signed and exe uted the instrument as my Last Will; that I signed it willingly; and that 1 signed it as my free an~voluntary act for the purposes therein expressed. I.iGVVY'- r 1~~~~T/ CAROL J. C'OSTON Swom or affirmed to and acknowledged before me by CAROL J. COSTON, Testator, the ~_ day of /M _, 2011. (SEAL~_ Notary Public ~ni os: ~HSrwnHa _-- _ NoY.w s.a . ,°; wrauet crrrwAu. Novi Pudb ~ , ~am~d.Wa,B E C ~ ~sr ~a±i w„auon a c_ , ~r -~ COM1Vr~NWEALT~-I OF PENNSYLVANIA: s s COUN"~Y OF CL~ BERLAND ,: 1;We and Ic ~l~.s-e witnesses whQstr am ned~o the attached or foregoing instrument, being duly qualified according to l~W a~des~y that we were present and saw Testator sign and execute the instrument as ICe~ a t j_' , ,. _ ~®signed willingly and that she executed it as her free and voluntary act forte ~ e - re~in•expressed; that each of us in the hearing and sight of the Testator signed the ~ ~.~i that to the best of our knowledge the Testator was at that time eighteen o ~e y - ~e£ f and mind an under no constraj~nt or undue influence. o _, h, ': ~ ~~ ,~ Swom or affirmed to and subscribed to before me by Q¢~cYeh Nz,ra~cza[_. and ~.wt'1 witnesses, this ~ r`' day of _, 2011. (SEAL), / `2 ~IGC~.6(.~,~ Notary Public cot~iuiortwe~Til of ~lrtsvi_vA,~v+ ~r s.r F Counb B°i0' sofa g /u*odmn ~J~Eppa13X ~~ to .......,.0,c a :•' ~ '-•.a~;~,Certi>ied True and /f v ~1~= Correct Cup ~ ~~``-- ~~'`._ _ . ,o= [ y ._.. _.pastBSi~inRi~it ~~T~ui~ish =•~'.• }~,?~ eCeri1D: 00002 255 [deputy CIuA of Court '; o Generated Date: 3/16/2012 2: ]RPM East Baton RougJe Parish Clerk of Court - P94398 ATTACH/E%HIBITS(W/COST) e~qe I of 3 SEC.Lt, Selected Pennsylvania Statutes Pennsylvania Consolidated Statutes DECEDENTS, ESTATES AND FIDUCIARIES (TITLE 20) • jj 2SO1, tNho may make a wlll. Any person 18 or more years of age who la of sound mind may make a wiN. • § 2502. Fonn and execution of a will. Every will shall be in writing and shall be signed by the testator at the end thereof, subject to the following rules and exceptions: 1. Words following signature: The presence of any wrung after the signature to a will, whether written before or attar fts execution, ahaN not invalidate that which precedes the signature. 2. Signature by mark.-If the testator is unable to sign his name for any reason, a will to which he makes hie mark and to which his name is subscribed before or after he makes his mark ahaN be as valid as though he had signed his name thereto; Provided, That he makes his mark in the presence of two witnesses who sign their names to the wlll in his presence. 3. Si~tature by another: If the testator is unable to sign his name or to make his mark for any reason, a will to which his name is subscribed in his presence and by his express diredlon shall be as valid as though he had signed his name thereto: Provided, That he dedares the Instrument to be his will in the presence of two witnesses who sign their names to ft in his presence. • § 2504.1. Validity of sxecudon. A vnll is validly executed if executed in compliance with section 2502 (relatlng to form and execution of a will), or in compliance with the law of the jurisdidfon where the testator was domiciled at the tlme of the execution of the will or at the time of his death. • § 2505. Rsvocatlon of a will. No will or codicil in writing, or any part thereof, can be revoked or altered otherwise than: 1. VVfll or codicil. By some other will or codidl In writing; Other wrftirtg. By some other writing declaring the same, executed and proved in the manner required of wills; or 2. Act to the document. By being bumf, tom, canceled, obliterated, or destroyed, with the h>tent and for the purpose of revocaton, by the testator himself or by another person in his presence and by his express direction. If such act is done by any person other than the testator, the direction of the testator must be proved by the oaths or aftinnatlons of lwo competent witnesses. • § 250x. Revival of revoked or invaild will. If, after the making of any will, the testator shall execute a later will which expressly or by necessary impNcatlon revokes the earlier will, the revocation of the later will shall not revive the earlier will, unless the revocaton is in writing and declares the lntentlon of the testator to revive the earlier wNl, or unless, after such revocation, the earlier will shah be reexeeuted. Oral republication of itself shall be ineffecthre to revive a will. • g 2507. Modiffeatlon by circumstan~es.lMlls shall be modified upon the occurrence of any of the following circumstances among others: t- [Repealed]. 2. Divorce: M the testator is divorced from the bonds of matrimony after making a will, any provision in the will in favor of or relatlng to hie spouse ao divorced shah thereby become ineffedlve for all purposes unless it appears from the will that the provision was intended to survive the divorce. 3. Marriage.-If the testator manses after making a will, the survivkg spouse shall receive the share of the estate to which he would have been entltled had the testator died intestate, unless the will shall give him a greater share or unless it appears from the will that the will was made in contemplatlon of marriage to the surviving spouse. • § 2521. Penalty clause for contest A provision in a will or true! purporting to penalize an interested person for wntestlng the wiN or Wet or instftutlng other proceedings relating to the estate or trust is unenforceable if probable cause exists for instituting proceedings. ~ro ®~ r -fa ~W p~~EpAN13kr~~ ~ `` ~1Z.,.......,.O,r '~• ;-..Certified True and _~:' .,m- __ ~r~ ~j~~.~~ _____ GeneratedUate: ~_ Correct Coppy !/ fieGCt lfaion 12ou ~ fiarish ="' i;r$' eCerIID:00002I257 x' ~/16/20122aRI'M :~`• Deputy Clerk of Court ~~ o~ `~. ~~~p 8' I11~~~~\` East Baton Rouge Parish Clerk of Court - P94398 ATTACH/EXHIBITS(W/COST) S 3132.1. golf-proved pills. (a) Proof.--Unless there is a contest with respect to the validity of the will, or unless the will is signed by mark or by ahother as provided in section 2502 (relating to form and execution of a will), an affidavit of witness made in conformity with this section shall be accepted by the register as proof of the facts stated as if it had been made under oath before the register at the time of probate. (b) !-cknoplodgnont and affidavits.--An attested will may at the time of its execution or at any subsequent date be made self-proved by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of this Commonwealth or under the laws of the state where execution occurs, or made before an attorney at law and certified to such an officer as provided in subsection (c) and evidenced, in either case, by the officer's certificate, under official seal, attached or annexed to the will. A separate affidavit may be used for each witness whose affidavit is not taken at the same time as the testator's acknowledgment. The acknowledgment and affidavits shall in form and content be substantially as set forth in the Uniform Probate Code or as follows: Acknowledgment Commonwealth of Pennsylvania (or State of ) County of I, the 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 that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by the testator, this __ day of 19 (Testator) (Signature of officer or attorney) (Seal and official capacity of officer or state of admission of attorney) Affidavit Commonwealth of Pennsylvania (or State of } County of We (or I), and the witness(es) whose name(s) are (is) signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were (I was) present and saw the testator sign and execute the instrument as his Last Will; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as a witness; and that to the best of octr (my) knowledge the testator was at that time 18 or more year; of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by and witness(es), this day of _, 19 Witness `~4~EP~N19k 0~.~~~ c ~.~ ' •~•. .Certified True and c~ ?mac p '~ ~" Correct Cvpv ~'~ ~~- ~'~'`` ~. } ~~ eCertlD: 000U2I257 E'15t Gainit T(oiige C'aiisfi Deputy Chrk of Court J ~o'~St t`t n `~`. Q~~g~2 of 3 $pt,tfo Generated Date: 31i6120122:1R FM. ~ 1 East Baton Roug4 Parish Clerk of Court - P94398 ATTACH/EXHIBITS(W/COST) Witness (Signature of officer or attorney) (Seal and official capacity of officer or state of admission of attorney) (c) lclcnowl~dyaant and affidavit talon bafor~ an attorney at law.--The acknowledgment of the testator and the affidavit of a witness required by subsection (b) may be made before a member of the bar of the Supreme Court of Pennsylvania or of t:he highest court of the state in which execution of the will occurs who certifies to an officer authorized to administer oaths that the acknowledgment and affidavit was made before him. Iin such case, in addition to the acknowledgment and affidavit r.=_quired by subsection (b), the attorney's certification shall b~=_ evidenced by the officer before whom it was made substantially as follows: Commonwealth of Pennsylvania (or State of ) County of On this, the day of ,, 19 before me the undersigned officer, personally appeared known to me or satisfactorily proven to be a member of the bar of the highest court of (Pennssylvania or the state in which execution of the will took place)„ and certified that he was personally present when the foregoing acknowledgment and affidavit were signed by the testator and witnesses. In witness whereof, I hereunto set my hand and official seal. (Signature, seal and off'.icial capacity of officer) (June 29, 1976, P.L.439, No.105, eff. 60 days; Feb. 18, 1982, P.L.45, No.26, eff. imd.; Oct. 12, 1989, P.L.929, No.18:?, eff. imd.) 19Bd Amandmont. Section 15 of Act 182 provided that Act 182 shall apply to the estates of all decedents dying on or after the effective date of Act 182. f 3 a~.G.t.~0 ~~~~EPPRI8H~~ ~~ `~'~ ••••~"'•~~%Certified True and / /J =~ •':g= Correct Cop ~~ !rte fT'~'~" Generated D<te: %i .. ~ ~~ eCe[tID: UODU2 25'7 - - f as USibn (tougc P6risfi 311 F/2012 L 1 R PM 1 ~,.. Deputy Ucrk of Court i~ p lA: