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PETITION FOR GRANT1 OF LETTERS
REGISTER OF WILLS OF C(A Mb~.+- I a ~ 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: tA.Llt. L • Spa .. ~t ~
a/k/a:
a/k/a:
a/k/a:
Date of Death: A,y' 1~ ~o'Z O l ~. `
Decedent was domiciled at death in ~ uy~he lr~ Q (~ ~ County,
principal residence at ~'SO FJ Q: C1Cy (i~. W~ ~C~na.tr.i~(
Decedent died at=
Street address, Poet OfRcd and Zip Code
Street addrns, Post Office and Zip
Estimate of value of decedent's property at death:
File No: a ~ ~ ~ ~ ' ~~
(Assigned by Register)
Social Security No: ~ ~ ~ '• d 3 " 5 a
Age at death: q 5
last
or
Coanty
or Boroogh ` Conoty ' Sfate
Ijdonticrled in Pennsylvanra ............................ All personal property $
Ijnot domiciled in Pennsylvania ........................ Personal property in Pennsylvania $
Ijnot dotaiclled in Pennsylvania ........................ Personal property in County.. , ........ , $
Value ojreal estate in Pennsylvania ............................................. $~~ 00
TOTAL ESTIMATED VALUE.... $ 0.00
Real estate in Pennsylvania situated at:
(Attach additional sheets, if necessary.) Street address, Port Offlce and Zip Code City, Township or Boroogh Coanty
A. Petition for Probate and Grant of Letters Testamentary A /~ 1
Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated 1~ -• 1~ t ` ~t 2~and Codicil(s)
thereto dated
State relevant cireometmces (eg. renaacletloa, death of execator, etc.)
Except as follows: after the execution of the 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(g), and did not have a child bom or
adopted; and Decedent was neither the vicfim of a~pilttS~r~ever adjudicated a•~n it)Eapa~itpted peison. ~ ~ t
. NO EXCEPTIONS ®EXCEPTIONS
^ B. Petition for Grant of Letters of Administration (lfappticab-e)
c.t.a., d.b.n., d.b.n.e.t.a., pendente life, darante absentia, darante minoritate
If Administration, c.t.a. or db.n.c.t.a., enter date of Will in Section A above and complete list of heirs.
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined
in 23 Pa. C.S. § 3323(8) and was neither the victim of a killing nor ever adjudicated an incapacitated person.
NO EXCEPTIONS Q EXCEPTIONS
Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (ifany) and heirs (attach
additional sheets, ijnecessary):
Name Relationehi Address
r.a
~ ~ ~a
T7
2a+
Form RW-01 rev. 10/11/2011
-..i.
2+ ~-~ ~`T''i
O ~ p
G.: -rt
Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA }
,.,I } SS:
COUNTY OF ~I.} Y~ ~~ ~l, ti'`~l C.:t }
RE. ~g ~ '1 .
~ `tali 4 C
~.~ ~ ~ ' ~ ,
u~ ~ L'",
'~~f2t~AY 29 Ft1 3~ 03
The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are true and correct to the best of the knowledge and belief
of Petitioner(s) and that, as Personal Representative(s) of t, the Petitioner(s) winll well and truly administer the estate according to law.
Sworn to or affirmed and subscribed before I ,~... vo.~ y g~ ~~ Q~ Date S • ~ g ') 0~1-
me t ~ y of ~ ~ Date
Bv' Date
~, p
Letters ...................... $
( ~) Short Certificate(s)......
( )Renunciation(s)........ .
( )Codicil(s) ............ .
( )Affidavit(s)........... .
Bond ........................
Commission.. ~ . ........... .
(){her ~;-~t ~-~;~ y~~ ----~
Automation Fee .............. .
JCS Fee ...:.................
TOTAL ..................... $
33 /.
To the Register oJ' R'ills:
Please enter my appearance by my signature below:
Attorney Signature:
Printed Name:
Supreme Court
ID Number:
Firm Name:
Address:
Phone:
Fax:
Email:
DECREE OF THE REGISTER
Estate of
a/k/a:
-I-J-, L ,
File No: ~ ~ ' ~4? ~~-~
AND NOW, ' , `~ ~`~ , in consider iongf the foregoing Petition,
satisfactory proof hav' g been presented before me, IT IS ED that Lette S~z'A
are hereby granted to
in the above estate and (if applicable) that
the instrument(s) dated
described in the Petition be a fitted to probate and filed o cord as the las Will (and Codicil(s)) of ecedent.
egister of Wills (~i~ ,(
~` ~
Form RW-n2 .~. ~nirinnti Page 2 of 2
BOND Required: Q YES ~O
FEES:
COMMONWEALTH OF VIRGINIA -CERTIFICATE OF DEATH
COY A DEPARTMENT OF HEALTH -DIVISION OF VITAL RECORDS -RICHMOND
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FOR DIVISION OF
VRAL RECORDS REGISTMTgN
AREA Nt1MBER ~~ CELYTIFlCATE
NUMBER /j} /~~
v STATE FlLE
NUMBER
«
DECEDENT 1. FULL NAME (Brat) (mkMbl grg Z. SE% ma4 kAMM
OF DECEDENT
Ruth Louisa Andrews .Stanley ^
3 DATE OF (mo.) IdeYl (Year) 4. AGE IF UNDER 1 YEAR IF UNDER /DAY 8. DATE OF Lmo. (day) e. WAS DECEDENT
°E""' 3 / 1 1 / 2 01 2 9 5 -~~ - ; ntlnules
; - ~ - ~'R~ / 3 U ~ 191 ~ J n~EO"DEBT
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PLACE OF 7. NAME ~ HOSPITAL OR BISTTU710N OF DEATH W rlolle, w HaM) I Out PN. B. COUNTY OF DEATH M imbpwdwl dry. lean hlrlk)
DEATH Inova Fairfax Hospital I DOA Einar Rm Inpedwl
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9. CITY OR TOWN OF DEATH iruide dry or town IImBeT 1Q STREET ADDRESS OR RT. NO. OF PLACE OF DEATH
Falls Church ~ ® 3300 Gallows Road
USUAL 11. STATE (OR FOREIGN COUNTRY) OF DECEDENT'S RESIDENCE 12 COUNTY OF DECEDENTS RESIDENCE gl IndepenMnl city, have Hank)
0 oE~,r Pennsylvania
13. CRY OR TOWN OF RESIDENCE ImWe airy a town IImIbT 14. STREET ADDRESS OR RT. NO. OF RESIDENCE I ZM CODE
Mechanicsburg ~ p ,505 Rc'_cy Road ~ 17055
PERSONAL 1fi. NAME OF DECE ENT'S FATHER 18. MANTEN NAME OF DECEDENT'S MOTHER
~~ ~T Ernest Wilbur Andrews Nova Virginia Sawyers
t7. RACE OF DECEDENT 18. OF HISPANIC ORIGIN? II yN, agacity Cuban, MBAken, 13. EDUCATION (SPetlry only nigheH grade eompabd)
white Puerlo Rk;an, lac.
®rro ^ Yee
1 ~
Elemenbryl5wondary (0.12)
College (1~ a 5 +)
20. CRIZEN OF W WIT COUNTRY 21. BIRTHPLACE (stele or country) 22. NEVER MARRIED ^ DWORCED ^ 29. IF MARRIED OR WIDOWED, NAME OF SPOUSE
USA
Virginia pf divorced kavs blank)
MARRIED^ WIDOWED® Ra Ond Je Stanle
24. SOCIAL SECURITY NUMBER 2fi. USUAL OR LAST OCCUPATION 28. KIND OF BUSINESS OR INWSTRY 27. INFORMANT - OR SOURCE OF INFORMATION - R LATIONSHIP
Fht
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227-03-5211 Homemaker Brenda Reiner-
aug
er
Own Home
CAUSE OF DEATH ~' PART I. Eder tlw d'saaau, irljuriu, a canlPBcalbm tMt caused 1M duM. Do not emer Leis made d dying, wch as wnfrc or raapinlay enoH, Hack, w bean bikes. e1TE(NAL BETWEEN
LiH only oro uuw an each Ik1e. TH
WYEDIATE CAUSE (FlnH tlkMaw a
~ (AI
TO
PMYSILTAN: contlkbn resutling in deldn)
OUE TO (OR AS A CON UE E F): '
CampHe aM SeVUwuHry IIH wnditions, i/ alry, IeWhg (B) -
algn madkM b ImmadlMe cause. Enter UNDERLYING DUE TO (OR AS A COHSE NCE OF):
oertlflnllorl CAUSE (04eees a inlury mH iniBHetl
(fbrrl 28) and evsnb rewMng In dwell) U18T
Mum boM
wOlp b bfneM = PART II. Olhsr H ng iflcant wntlPoona wnWCUtlng ro death bul not roeuMirg In Me undenying eauw given in Part I. 2Ba. AUTOPSY? yes no
dlroc0or Y aeon
r poxibla aAx FFFO
AUTHORRED BY: ^ ^
OHSrminatlan d ~ -
u~°' ~
~ 2Bb. IF FEMALE, WAS THERE A PREGNANCY
IN PAST 3 MONTHS? 28c. IF ETERNAL CAUSE, IT WAB 280. DESCRIBE HOW INJURY REUTING TO DEATH OCCVRRED
PRRIMRY ^ w wN mleunlq ^
NOTE: H
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k
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~ ^ rp ^ unknown ^ m aultE av Irwin
we
lg
must
W IIMkMed, w ~,- TIME OF INJURY (mo.l (day) Gr«rl 251. INJURY OCCURRED
2Bg. PLACE OF INJURY (home, lean. 2Bh. Icily a kwm) (wunry) (aMe)
Hob in Part 1 O IecbrY. Hrae4 oMco bldg.. Hc.l I
Mglebar d flnH ~ A.M.
P'M' whiN
H work ^ wake ^ I
dsdakm u won 2N.
N Posaiie ~ ~
' To me Oesl d my knowledge. deem acc '
(a.m. .m. du dHe aIM Plwe and horn the cMre(a) HMee.
TDATE SIGN ________
ACTUAL
SNiNANRE ~
__________________
________ ___ I
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I yb
NAME OF ATTEN I SICIAN
(Type Pr Prlnrl ADDRESS OF ATTENDING PHVSICUIN
'
FUNERAL
DEECTOR 2B. euRBLL REMOVAL CREMATION 3g. E
H Bq 'ETC oLmunN~
(name dwmsary clarllamry) ~j I pr4ha ny - ( )
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Al 7
legheny Memorial Park
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31. ( dncbr fllbp is fl NAME OF FUNERAL
HOIAE AND Loving Funera Home
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NEXT 3
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Ne Maple Avenue Covington VA
REdSTRAR 82. ( - DATE RECORD
- FlLED: O~ ~~
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RESERVED FOR
REGISTRAR'S USE
This is to certify. that this is a tree and correct reproduction of the original record filed with
the FAIRFAX COUNTY HEAtiT'H DEPARTMENT, FAIItFAX VII2GINIA.
~~
,AFL 10, 2Q1Z
DATE ISSUED
(SEAL) - ~.cj~''
V.411~J-'IF ALTERED OR DOES NOT BEAR IlVIPRESSED SEAL ~ '
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LAST WILL AND TESTAMENT
OF
RUTH L. STANLEY
I, RUTH L. STANLEY, a resident of Fairfax County, Vir-
ginia, declare that this is my Will and I revoke any other
Wills or Codicils to Wills previously made by me.
SECTION 1.
I am a widow and am unmarried. I have two children:
BRENDA S. REINER and JEAN H. STANLEY, both of whom are over
fifty years of age. I have one grandchild, REBECCA HOLLAND
CAMPBELL, the daughter of BRENDA S. REINER, who is over 25
years of age.
SECTION 2.
A. I direct my Executor to pay my judicially enforce-
able debts (other than secured debts). I direct my Executor to
pay the expenses of my funeral and burial (including any head-
stone or marker) without regard to any statutory limitations.
B. Any indebtedness secured by property (real or per-
>~1
L.
TED W. HUSSAR
Attorney
7215 Poplar Street
Annandale, Virginia
22003
703-256-6900
sonal) at the date of my death need not be paid by my Executor,
it being my intention that such property pass (either by this
Will or by operation of law if jointly held with survivorship)
subject to the indebtedness secured by it. If my Executor
shall be unable to settle its accounts without payment of the
indebtedness, or if in the judgment of my Executor the value of
the property is not sufficient to adequately secure payment of
the indebtedness and thereby protect the balance of my estate
from liability on account of the indebtedness, my Executor
shall be authorized to pay the indebtedness from my residuary
estate.
SECTION 3.
ru
Any estate, inheritance or similar taxes s~essaY~~,~e on x-r
~,_..._)
~;;~~ x~. r; r--,
_._ -
RDTH STANCE ~ On ~-r _~ ~ , ~-ti
-,-,
.t:- ~•~
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iT
my death (including taxes on assets not passing under this Will)
REBECCA HOLLAND CAMPBELL and JEAN H. STANLEY, if they survive
me, in as nearly equal shares as practicable, or to the
survivor of them if one of them shall predecease me.
My Executor may sell any articles of my tangible per-
sonal property that my Executor may deem inappropriate for dis-
tribution in kind and add the proceeds to my residuary estate.
Tangible personal property includes furniture, automobiles,
jewelry, art, collections, and personal effects, but does not
include money or property held primarily for investment pur-
poses or property used in any business in which I may have an
interest. All expenses of storing, transporting and insuring
such tangible personal property pending distribution shall be
paid as a cost of administering my estate.
I may leave a signed writing indicating certain items of
shall be paid as a cost of administering my estate and my Executor
shall not request any beneficiary to pay any part of such tax.
SECTION 4.
my tangible personal property that I request be distributed to
the persons specified therein. I intend this-writing to be
binding upon my Executor pursuant to Section 64.1-45.1 of the
Code of Virginia, as amended from time to time before my death.
I give the remainder of my tangible personal property to
M~
~~
SECTION 5.
I give my residence located at 505 Ricky Road,
Mechanicsburg, PA 17055, to my daughter, JEAN H. STANLEY, if
she survives me by 60 days. If JEAN H. STANLEY does not
survive me by 60 days, I give this property to my grand-
daughter, REBECCA HOLLAND CAMPBELL, per stirpes. If she should
predecease me without having any then living children, then
this property shall be given to BRENDA S. REINER.
C O/,
RUTH STANLEY ~;' ~~~~~~~~~` J
2.
SECTION 6.
All of the residue of my real and personal property in
which I have any interest at the time of my death and which is
not otherwise effectively disposed of I give in equal shares as
follows:
50~ to REBECCA HOLLAND CAMPBELL, per stirpes. If she
should predecease me without having any then living
children, then this share shall be given to BRENDA S.
REINER.
50~ to JEAN H. STANLEY. If she should predecease me, I
leave this portion to REBECCA HOLLAND CAMPBELL, per
stirpes. If she should predecease me without having any
then living children, then this share shall be given to
BRENDA S. REINER.
DEFINITION: Per Stiroes as used in this Will is intended
to mean that if the named heir should predecease me, the share to
which such predeceased named heir would have been entitled to had
she or he been alive at the time of my death, shall be distributed
in equal shares to the then living descendants (or Trustee for
any minor descendant) of the named heir predeceasing me.
SECTION 7.
A. In the event any of my heirs shall not have attained
M-
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the age of twenty-five years at the time of the disbursement of
my estate, then I give the portion of my real and personal
property to which such heir or heirs shall be entitled to my
Trustee hereinafter named, IN TRUST, to hold, manage, invest
and reinvest the same until my heir or heirs shall reach the
age of twenty-five years, SUBJECT, HOWEVER, to the provisions
of SECTION 7.
SECTION 8.
While this Trust is in effect, my Trustee shall hold the
Trust as a collective Trust fund composed of separate equal
shares, with a separate accounting for each share, funded on
the date the Trust comes into effect, for each of the then
living heirs of mine who are subject to this Trust (who are
referred to in this Section by the designation "beneficiary" or
"beneficiaries"). The shares shall be held, administered and
disposed of as follows:
R. L. STANLEY
3.
A. Until such beneficiary shall attain twenty-one years
of age, my Trustee shall pay to or expend for the benefit of
such beneficiary, from time to time, with or without the bene-
fit of a Guardian, so much of the income of the beneficiary's
share of the Trust as my Trustee, in my Trustee's sole discre-
tion, shall deem necessary for such beneficiary's support,
maintenance, health and education, adding to the principal of
the Trust any income not paid or expended.
B. Upon a beneficiary attaining or should such benefi-
ciary have previously attained twenty-one years of age, my
Trustee shall pay over and deliver to such beneficiary in con-
venient installments, all the net income thereafter arising
from the beneficiary's share of the Trust until the beneficiary
attains twenty-five years of age.
C. Upon a beneficiary attaining or should such benefi-
ciary have previously attained twenty-five years of age, my
Trustee shall pay over and deliver to such beneficiary the
remaining balance of the beneficiary's share of the Trust.
D. While the Trust is being held by my Trustee as above
M~
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provided, my Trustee is authorized to pay to or expend for the
benefit of my beneficiary so much of the principal of the bene-
ficiary's share of the Trust as my Trustee shall, in the sole
discretion of my Trustee, deem necessary for my beneficiary's
support, maintenance, medical attention and education (includ-
ing higher education). PROVIDED, HOWEVER, that none of the
principal shall be so paid or expended for the benefit of such
beneficiary so long as sufficient income or assets are readily
available to such beneficiary from any other source. In
determining whether sufficient income or assets are so
available to a beneficiary, my Trustee may rely, and shall be
fully protected in relying, upon the affidavit of such
beneficiary or any other person whom my Trustee believes to be
conversant with the circumstances. The amount of principal so
.~ Jz_ ~-
H L . STANF;EY
4.
paid or expended for the benefit of any such beneficiary or
beneficiaries to the Trust shall be charged against the share
to which such beneficiary may ultimately become entitled.
E. In the event that a beneficiary should fail to
attain the age of distribution, the property being held for the
beneficiary shall be paid over, delivered and conveyed to the
beneficiary's descendants living at the death of the beneficia-
ry; or, if there are none, to the beneficiary's siblings; or if
there are none, to my heirs determined at such time in accor-
dance with the intestate succession laws of Virginia in force
on the date of this Will; provided, however, that
(1) should any heir be the beneficiary of a Trust
created herein that is still in effect, the share of such heir
shall be added to such Trust and be held, managed and distrib-
uted as a part of such Trust; and
(2) should any other heir be under the age of
twenty-one, such heir's share shall vest absolutely in the heir
but (a) it may be retained in trust by my Trustee and used on
behalf of the heir in accordance with the Trust provisions set
forth above until the heir reaches the age specified above; or
(b) it may be distributed to the heir pursuant to the provi-
sions of the following paragraph.
F. If at any time the property held in trust for any
r~~
beneficiary is an amount so small that, in the discretion of my
Trustee, the continuation of the Trust is not in the overall
best interests of the beneficiary, then my Trustee may
(1) pay over, deliver and convey the property to a
suitable person (who may be my Trustee) as Custodian for the
beneficiary under the Virginia Uniform Transfers to Minors Act
(21) ; or
(2) pay over, deliver and convey the property to
the beneficiary; or
(3) utilize any combination of (1) and (2) above,
_. _ _ ,/'
_ ~~
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RUT L. 3 SY
d
5.
and so terminate the Trust.
G. Neither the corpus nor the income of any Trust
created herein shall be subject to the liabilities of, or to
alienation by, any beneficiary.
H. If the terms of this Will provide for the creation
of a Trust for any beneficiary and if, in my Executor's discre-
tion, the facts and circumstances existing at the time for the
funding of such Trust indicate that the creation of such a
trust is not in the overall best interests of the beneficiary,
then I authorize my Executor to not fund such Trust but, in-
stead (i) to pay over, deliver and convey the property to a
suitable person (who may be my Executor) as Custodian for the
beneficiary under the Virginia Uniform Transfers to Minors
Act(21); or (ii) to pay over, deliver and convey the property
to the beneficiary; or (iii) to utilize any combination of (i)
and (ii), above. My Executor may make such decisions in regard
to any beneficiary and not make such decisions in regard to any
other beneficiary.
SECTION 9.
A. I name my granddaughter, REBECCA HOLLAND CAMPBELL to
M%
2L
be the Executor of my estate. If she should fail or cease to
act, I name my children, BRENDA S. REINER and JEAN H. STANLEY,
to be the Co-Executors of my estate, or the survivor of them to
be Executor.
B. I name BRENDA S. REINER to be the Trustee of the
Trust which may be established pursuant to this Will. If she
should fail or cease to act, I name the surviving parent of any
heir of mine who is under twenty-five years of age to be the
Trustee of the Trust which may be established pursuant to this
Will for such heir. If there is no surviving parent for such
heir who may be under twenty-five years of age, I name JEAN H.
STANLEY to be Trustee for such Trust.
r - -. ~ ,~
_.~ ~.:~ ~. fJ
R H L. 3 E
6.
C. I grant my Executor(s) and Trustee(s) the general
statutory powers set forth in Section 64.1-57 of the Code of
Virginia, and I incorporate that Code Section in my will by
this reference.
I also specifically grant to my Executor with re-
spect to any and all property, whether real or personal, of
which I am the owner at the time of my death, or which shall at
any time constitute a part of my estate, the following powers,
in addition to those conferred by law:
(1) To sell at my Executor's sole discretion any
real property or interest in real property that I may own at
the time of my death, either through a realtor or private sale,
upon such terms and conditions as my Executor, at my Executor's
sole discretion, may deem appropriate.
(2) To make distribution of property in kind and
for such purpose determine the value of such property so far as
permitted by law;
(3) Generally, to do such acts and things with
relation to any such property as if my Executor were the ab-
solute owner thereof;
(4) So far as permitted by law, any real property
M~
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in my estate which may pass to my heir or heirs shall pass to
my heir or heirs' sole and separate equitable estate, free from
any marital interest.
SECTION 10.
I hereby direct that no executor nor trustee appointed
herein shall be required to post bond or other security in this
or any jurisdiction.
IN WITNE33 ~VIiEREOF, I have signed my Last Will and Tes-
tament this day, April 7, 2008.
.~„"._,_
~ ;/ ,~-~~-eat)
H L. ST EY
7.
IT
SIGNED, SEALED, PUBLISHED and DECLARED by RUTH L.
STANLEY the above Testator, as and for her Last Will and Testa-
M~
ment, in our presence, who at her request and in her presence
and in the presence of each other have hereunto subscribed our
names as attesting witness Xhis day, April 7, 2008.
M%NoadR~ 1~sdP~s crr '~ ~ 3 zo, L,o y~ ~,¢- ~- ~~UF
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~INA E~'~'/9~'A ~~~ ,~ccoPwn 2G~
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STATE OF VIRGINIA:
COUNTY OF FAIRFAX:
BEFORE ME, the undersigned authority, on this da
R ivA Ef fg R~
personally appeared RUTH L. STANLEY and ~'~B--W: "'T~' ~ and
/~iNopo >QA ~-~ ~ peSC V known to me to be the
Testator and Witnesses, respectively, whose names are signed to
the attached or foregoing instrument, and, all of these persons
being by me first duly sworn, the Testator, RUTH L. STANLEY
declared to me and to the Witnesses in my presence that said
instrument is her Last Will and Testament and that she had
willingly signed the same, and executed it in the presence of
said Witnesses as her free and voluntary act for the purposes
therein expressed; that said Witnesses stated before me that
the foregoing Will was executed and acknowledged by the
Testator as her Last Will and Testament in the presence of said
Witnesses, who, in her presence and at her request, and in the
presence of each other, did subscribe their names thereto as
attesting Witnesses on April 7, 2008; and that the Testator, at
the time of the execution of said Will was over the age of eig-
hteen (18) years and of sound and dis osing mind a d memory.
c~ ~' --
~- "-~
for -
RUTH STANLEY
Wi
Witness
SUBSCRIBED, SWORN and ACKNOWLEDGED before me by the Tes-
tator, RUTH L. STANLEY and subscribed, sworn, and acknowledged
by ~ and 1~'1llVi¢,OORA /SOLES C U witnesses,
this date, April 7, 2008.
R ANA Et ~/~~~ ~~~ ~
Notary Public
My commission expires /0 3~~2010
=~e "-""`!y
~\ ~ Commomvealth of Yrpinia
T
•, , ed W Hussar- Notary Public
;~,,,,~~,~)~
'`~0"'"' ^!~~' Commission No. 131884
~ ~wMplan Evpins 10/3U2010
9.
MEMORANDUM TO THE E%ECUTOR OF MY WILL
REGARDING TANGIBLE PERSONAL PROPERTY
In the. event of my death, I direct that the following
items be given to the following people:
NAME: ITEMS:
1.
2.
3.
4.
5.
6.
7.
Testator Testatrix
Date:
i. of vii
MEMORANDUM TO THE EXECUTOR OF MY TQILL
REGARDING ASSETS OF MY ESTATS
NAME AND IDENTIFICATION NO.: ADDRESS/LOCATION:
BANK ACCOUNTS-Checking/Savings
MONEY MARKET FUNDS-MONEY MARKET CERTIFICATES:
STOCKS AND BONDS:
OTHER INTANGIBLE ASSETS:
PERSONAL PROPERTY: Automobiles, Jewelry, Antiques, etc.:
CONTENTS OF SAFE DEPOSIT BOX:
REAL ESTATE:
(Use other pages if necessary.)
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NAMES AND ADDRESSES
EXECUTOR:
TRUSTEE:
GUARDIAN:
HEIRS:
Keep the original Will in a safe fireproof place. If a safe
deposit box is used, check with the bank to see what their
procedure is for allowing the Executor access to the box for
obtaining the Will. If a court order is needed, you may not
want to keep the Will in a safe deposit box. Keep the copies
in a readily accessible place and indicate on the copies where
the original Will can be found.
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§64.1-57. Incorporation by reference of certain powers of
fiduciaries into will or trust instrument.
(1) The following powers, in addition to all other powers granted by law, may be incorporated in whole
or in part in any will or trust instrument by reference to this section:
(a) To keep and retain any or all investments and property, real, personal or mixed, including stock
in the fiduciary institution, if the same be a corporation, as they may be at the time they come into the custody
of said fiduciary, regardless of the character or same or whether they are such as then would be authorized by
law for investment by fiduciaries or whether a disproportionately large part of the trust or estate remains invested
in one or more types of property, for such time as the fiduciary shall deem best, and to dispose of such property
by sale, exchange, or otherwise as and when such fiduciary shall deem advisable.
(al) At the discretion of the fiduciary, to receive additions to the estate from any source, in cash
or in kind, and to hold, administer and distribute such additions as a part of and under the same terms and
conditions as the estate then currently held.
(b) To sell, assign, exchange, transfer and convey or otherwise dispose of, any or all of the
investments and property, either real, personal or mixed, which may be included in, or may at any time become
part of the trust or estate which may be included in, or may at any time become part of the trust or estate upon
such terms and conditions as the fiduciary, in his absolute discretion, may deem advisable, at either public or
private sale, either for cash or deferred payments or other consideration, as such fiduciary may determine; and
for the purpose of selling, assigning, exchanging, transfemng or conveying the same, to make, execute,
acknowledge and deliver any and all instruments of conveyance, deeds of trust, or assignments in such form and
with warranties and covenants as such fiduciary may deem expedient and proper; and in the event of any sale,
conveyance, exchange, or other disposition of any of the trust or estate, the purchaser shall not be obligated in
any way to see to the application of the purchase money or other consideration passing in connection therewith.
(bl) To grant, sell, transfer, exchange, purchase or acquire options of any kind on property held
by such trust or estate or acquired or to be acquired by such trust or estate or held or owned by any other
person.
(c) To invest and reinvest all of the funds of the estate as said fiduciary, in his sole discretion, may
deem best, including investment in stocks, common and preferred, and common trust funds, without being
restricted to those investments expressly approved by statute for investment by fiduciaries; and to change
investments from realty to personalty, and vice versa.
(cl) To invest and reinvest all of the funds of the estate as said fiduciary, in his sole
discretion, may deem best, including investment in interests in investment trusts and mutual funds, without being
restricted to those investments expressly approved by statute for investment by fiduciaries; and to change
investments from realty to personalty, and vice versa.
(d) To lease any or all of the real estate, which may be included in or at any time become a part of
the trust or estate, upon such terms and conditions as said fiduciary, in his sole judgment and discretion, may
deem advisable, and any lease or leases made by such fiduciary may extend beyond the term of the trust or
administration of the estate and for the purpose of leasing said real estate, to make, execute, acknowledge and
deliver any and all instruments, in such form and with such covenants and warranties as such fiduciary may
deem expedient and proper.
(e) To vote any stocks, bonds, or other securities held by such fiduciary at any meeting of stockhold-
ers, bondholders, or other security holders, and to delegate the power to so vote to attorneys-in-fact or proxies
under power of attorney, restricted or unrestricted.
(f) To borrow money for such periods of time and upon such terms and conditions as to rates,
maturities, renewals and security as to such fiduciary shall seem advisable, including the power to borrow from
the fiduciary, if the fiduciary be a bank, for the purpose of paying debts, taxes or other charges against the trust
or estate or any part thereof, and with prior approval of the court for any proper purpose of the trust or estate,
and to mortgage or pledge such portion of the trust or estate as may be required to secure such loan or loans;
and as maker or endorser to renew existing loans.
(fl) To make loans or advancements to the executor or other representative of the grantor's estate
in case such executor or other representative is in need of cash with which to pay taxes, claims or other
indebtedness of the grantor's estate; but no assets acquired from a qualified retirement benefit plan under §
2039(c) of the Internal Revenue Code shall be so used, and such assets shall be segregated and held separately
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until all claims against the estate for debts of the decedent or claims of administration have been satisfied. Such
loans or advancements may be secured or unsecured, and the trustee shall not be liable in any way for any loss
resulting to the trust or estate by reason of the exercise of this authority.
(g) To compromise, adjust, arbitrate, sue on or defend, abandon, or otherwise deal with and settle
claims, in favor of or against the trust or estate as the fiduciary shall deem best, and his decision shall be
conclusive.
(h) To make distributions in cash or in kind or partly in each at valuations to be determined by the
fiduciary, whose decision as to values shall be conclusive.
(i) Repealed.
(il) To determine whether any part of the trust or estate or any addition or increment thereto be
income or principal, or whether any cost, charge, expense, tax or assessment shall be charged against income
or principal, or partially against income and partially against principal, provided that this determination be made
so as to balance fairly the interests of the income beneficiary and the remainderman.
(j) To repair, alter, improve, renovate, reconstruct and demolish any of the buildings on the real
estate held by such fiduciary and to construct such buildings and improvements thereon as such fiduciary may,
in his discretion, deem advisable.
(k) To employ and compensate, out of the principal or the income or both as to the fiduciary shall
seem proper, agents, accountants, brokers, attorneys-in-fact, attorneys-at-law, tax specialists, licensed real estate
brokers, licensed salesmen and other assistants and advisors deemed by the fiduciary needful for the proper
administration of the trust or estate, and to do so without liability for any neglect, omission, misconduct or
default of any such agent or professional representative provided he was selected and retained with reasonable
care.
(l) To rely upon any affidavit, certificate, letter, notice, telegram, or other paper or upon any
telephone conversation believed by such fiduciary to be genuine and upon any other evidence believed by such
fiduciary to be sufficient, and to be protected and saved harmless in all payments or distributions required to
be made hereunder if made in good faith and without actual notice or knowledge of the changed condition or
status of any person receiving payments or other distributions upon a condition.
(m) To retain any interest held by such fiduciary in any business, whether as a stockholder or security
holder of a corporation, a partner, a sole proprietor, or otherwise, for any length of time, without limitations,
solely at the risk of the trust or estate and without liability on the part of the fiduciary for any losses resulting
therefrom; to participate in the conduct of such business and take or delegate to others discretionary power to
take any action with respect to its management and affairs which an individual could take as the owner of such
business, including the voting of stock, and the determination of any or all questions of policy; to participate
in any incorporation, reorganization, merger, consolidation, recapitalization or liquidation thereof; to invest
additional capital in, subscribe to additional stock or securities of, and loan money or credit with or without
security to, such business out of the trust or estate property; to elect or employ as directors, officers, employees
or agents of such business, and compensate, any persons, including the fiduciary or a director, officer, or agent
of the fiduciary; to accept as correct financial or other statements rendered by the business from time to time
as to his conditions and operations except when having actual notice to the contrary; to regard the business as
an entity separate from the trust or estate with no duty to account to any court as to his operations; to deal with
and act for the business in any capacity, including any banking or trust capacity and the loaning of money out
of the fiduciary's own funds, and to be compensated therefor; and to sell or liquidate such interest or any part
thereof at any time. If any business shall be unincorporated, contractual and tort liabilities arising out of such
business shall be satisfied, first, out of the business, and second, out of the trust or estate; but it is intended that
in no event shall there be a liability of the fiduciary, and if the fiduciary shall be held liable, such fiduciary shall
be entitled to indemnification from the business and the trust or estate in the order named. Such fiduciary shall
be entitled to such additional compensation as is commensurate with the time, effort, and responsibility involved
in his performance of services with respect to such business. Such compensation for services rendered to the
business may be paid by such fiduciary from the business or from other assets or from both as the fiduciary,
in his discretion, may determine to be advisable; the amount of such additional compensation, however, shall
be subject to the tinal approval of the court.
(n) To do all other acts and things not inconsistent with the provisions of the will or trust in which
these powers are incorporated which such fiduciary may deem necessary or desirable for the proper management
of the trusts herein created, in the same manner and to the same extent as an individual might or could do with
respect to his own property.
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(o) To hold property in his name or in the name of nominees.
(p) During the minority or the disability of any beneficiary, the fiduciary may, in his sole discretion,
distribute income and principal to such beneficiary in any one of the following ways: (1) directly to said
beneticiary; (2) to a relative, friend, guardian, or committee, to be expended by such person for the education,
maintenance, support or benefit of said beneficiary; (3) by himself expending the same for the education,
maintenance, support or benefit of said beneficiary; or (4) to an adult person or bank authorized to exercise trust
powers as custodian for a minor beneficiary under the Uniform Gifts to Minors Act to be held by such custodian
under the terms of such act.
(q) To continue and carry on any farming operation transferred to him and to operate such farms and
any other farm which may be acquired and, in so doing, by way of illustration and not in limitation of his
powers, to operate the farm with hired labor, tenants or sharecroppers; to hire a farm manager or a professional
farm management service to supervise the farming operations; to lease or rent the farm for cash or for a share
of the crops; to purchase or otherwise acquire farm machinery and equipment and livestock; to construct, repair
and improve farm buildings of all sorts needed, in its judgment, for the operation of the farm; to make loans
or advances or to obtain such from any source, including the fiduciary at the prevailing rate or rates of interest
for cor><struction, repair, or improvement of farm buildings or for the purchase of farm machinery or equipment
or livestock; to employ approved soil conservation practices in order to conserve, improve and maintain the
fertility and productivity of the soil; to protect, manage and improve the timber and forest on the farm and sell
the timber and forest products when it is to the best interest of the estate or trust; to ditch and drain damp or
wet fields and areas of the farm when and where needed; to engage in livestock production, if it is deemed
advisable, and to construct such fences and buildings and plant such pastures and crops as may be necessary to
carry on such a livestock program; to execute contracts, notes and chattel mortgages relating to agriculture with
the Commodity Credit Corporation, the United States Secretary of Agriculture or any other officer or agency
of the federal or state governments, to enter into acreage reduction agreements, to make soil conservation
commitments, and to do all acts necessary to cooperate with any governmental agricultural program; and in
general, to employ the methods of carrying on the farming operation that are in common use by the community
in which the farm is located, inasmuch as the duties the fiduciary is requested to assume with respect to farming
operations may considerably enlarge and increase his usual responsibility and work as fiduciary, it is agreed that
the fiduciary shall be entitled to such additional reasonable compensation as is commensurate with the time,
effort and responsibility involved in his performance of such services.
(r} To purchase and hold policies of life insurance on the life of any beneficiary, or any person in
whom the beneficiary has an insurable interest, and pay the premiums thereon out of income or principal as he
deems appropriate; provided, however, that the decision of the beneficiary of any trust otherwise meeting the
requirements of § 2056 (b) (5) of the Internal Revenue Code of 1954, as amended, shall control in respect to
the purchase or holding of a policy of life insurance by the trustee of such trust.
(s) To make any election authorized under any law requiring, or relating to the requirement for,
payment of any taxes or assessments on assets or income of the estate or in connection with any fiduciary
capacity, regardless of whether any property or income is received by or is under the control of the fiduciary,
including, but not limited to, elections concerning the timing of payment of any such tax or assessment, the
valuation of any property subject to any such tax or assessment, the alternative use of items of deduction in
computing any tax or assessment and including specifically elections permitted by statutes enacted after the date
of execution of the will or trust instrument.
(2) As used in the section, the term "fiduciary" shall mean and include one or more individuals or
corporations having trust powers and the use of the male gender shall include the female; and any substitute,
added or successor fiduciary shall have all of the powers hereby provided for the fiduciary named in the will
or trust instrument. The provisions of this section may by reference hereto be made applicable to a fiduciary
of the estate of a decedent as well as to the trustee of an inter vivos or testamentary trust.
(3) Any fiduciary upon whom a document confers any or all of the powers set forth in paragraph (1) may
irrevocably disclaim the right to exercise any or all of the powers conferred by filing a suitable written
disclaimer with the clerk of the court where the document is recorded or probated or, if the document is not
recorded, by sending a written disclaimer by registered or certified mail to the last known address of all persons
then living entitled to receive the principal or income. Such disclaimer shall relate back to the time when the
disclaiming fiduciary originally assumed such fiduciary capacity and shall be binding upon any successor
tiduciary. For the purpose of this paragraph, a fiduciary shall not be deemed to have assumed a fiduciary
capacity under a revocable document until the same becomes irrevocable.
(4) For the purposes of this section, unless the will or trust instrument expresses a contrary intention, the
incorporation by reference of powers enumerated by this statute shall refer to those powers existing at the time
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the instrument was executed rather than at the time of death.
(5) This section is not intended and shall not be construed to affect the application of the standard of
judgment and care as set forth in § 26-45.1 (a).
(6) In the event that the will or trust instrument shall contain a provision in favor of a surviving spouse
of the testator or grantor, the powers above enumerated shall in no way be construed or interpreted in any
fashion which might cause the bequest to fail to qualify for the marital deduction permitted under the federal
estate tax law, unless the will or trust instrument shall specifically provide to the contrary. A fiduciary acting
under a construction or interpretation of a power, which action is otherwise reasonable under the circumstances,
shall incur no responsibility for acts taken in good faith which are otherwise thereafter contended to be in a
fashion which might cause disqualification for the marital deduction. The provision of this paragraph shall apply
without regard to the time the will or trust was executed or probated or the testator died in relation to the
effective date of this section or amendments thereto. (Code 1950 (~rppl.), § 64-57.2; 1966, c. 425; 1968, c.
656; 1970, cc. 65, 296; 1972, c. 788; 1973, c. 94; 1974, c. 659; 1976, c. 419; 1982, cc. 525, 549, 511.)
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