HomeMy WebLinkAbout04-10-12P?
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STATE OF LOUISIANA `,-~~
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PARISH OF EAST BATON ROUGE `-~ ~ ','- '"'"'
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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
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East Baton Rouge Parish Clerk of Court - P94398 PET/PROBATE Page 1 of 4
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19TH JUDICIAL DISTRICT COURT
' MAR - 8 201 ,
PARISH OF EAST BATON ROUGE
pEp~K 0OF UR!
STATE OF LOUISIANA
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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
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~~~ 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
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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.
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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.
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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,
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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
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Cnnside~ing the foregoing petition, the supporting evidence attached, and the
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Test$tiient of Caazpl Jane Coston presented with the petition:
IT IS ORDERED that the last will and testament of the deceased, Carol Jane
Coston, ay 62011 be proved before me immediately.
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Deputy Clerk of Cnurt
East Baton Rouge Parish Clerk of Court - P94398 VERIFICATION
19TH JUDICIAL DISTRICT COURT
PARISH OF EAST BATON ROUGE
STATE OF LOUISIANA
SECTION ~
1N THE MATTER OF
THE SUCCESSION OF
CAROL JANE COSTON
PROBATE NO. ~~
VERIFICATION
STATE OF LOUISIANA
PARISH OF EAST BATON ROUGE
B'EFOR); ME, the undersigned authority, personally came and appeared LINDA
COS`l!'ON WHiI<LL, who after being duly sworn did depose and state:
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Tfial A~pearer has read the foregoing Petition for Probate of Foreign Testament
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and ,'•Appantm~-t of Independent Executrix and knows the contents thereaf and that the
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stat$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
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SWORN TO AND SUBSCRIBED before me, this S,~ day of
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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
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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
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BEFORE ME, the undersigned authority, personally came and appeared
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RICHARD COSTON, who after being duly sworn did depose and state:
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19TH JUDICIAL DISTRICT COURT
PARISH OF EAST BATON ROUGE
STATE OF LOUISIANA
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IN THE MATTER OF PROBATE NO. ~1~-
THE SUCCESSION OF
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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.
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~= /s/ Carol J. Coston
°00 Carol J. Coston"
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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.
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Deputy Clerk of Court
East Baton Rouge Parish Clerk of Court - P94398 LAST WILL AND TESTADtENT G~3ge,l of 8
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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
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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
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default pf any such then living issue such share shall be added to the share or sh~~res for my other
childrern, per stirpes.
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, devise and bequeath the rest, residue and remainder of my estate,
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whe c ~~ or~xed, and of any nature whatsoever and wherever situate, as follows:
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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
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distributed as part of the residue.
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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.
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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
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~~ _' ~ ~ ,° =," 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
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• '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.
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(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.
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~~: My Executor shall have, in addition to the powers and authority conferred
upon him by` Iaw, the following additional powers and authority:
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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
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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
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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.
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East Baton Rougle Parish Clerk of Court - P94398 LAST WILL ANll TESTAMENT ~1rP_age 6 of 8
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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.
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~:.~ 10, ' To employ legal counsel, accountants, brokers, investment advisors,
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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
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tl}e}irople ~tl;geous management, investment and distribution of my estate.
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~-~ ~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.
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Fast Baton Rouge Parish Clerk of Court = P94398 LAST WILL ANll TESTAMENT Q43~age 7 of 8
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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.
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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
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COM1Vr~NWEALT~-I OF PENNSYLVANIA:
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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.
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,~ 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(.~,~
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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.
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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
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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.
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