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HomeMy WebLinkAbout06-27-12PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner named below, who is 18 years of age or older, applies for Letters as specified below, and in support thereof avers the following and respectfully requests the grant of Letters in the appropriate form: Decedent's Information Name: Harry Maxwell Williams a/k/a: a/k/a: alk/a: Date of Death: May 15, 2012 File No: ~' ~ - `~ (Assigned by Register) Social Security No: Age at death: 88 Decedent was domiciled at death in Cumberland County, Pennsylvania with his last principal residence at: 521 Park Avenue, New Cumberland Borough, Cumberland County, Pennsylvania Street address, Post Office and Zip Code City, Township or Borough County Decedent died at: Select Specialty Hospital, 503 North 21st Street, Camp Hill, PA 17011, Cumberland County Pennsylvania Street address, Post Office and Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: If domiciledln Pennsylvania ...............................AIL personal property............................................$5,000.00 If not domiciled in Pennsylvania ......................... Personal property in Pennsylvania........................$ If not domiciled in Pennsylvania ......................... Personal property in County ................................. $ Value oJreal estate in Pennsylvania ................................................................................................. $0.00 TOTAL. ESTIMATED VALUE .......................................................................................................$x.000.00 Real estate in Pennsylvania situated at: (Attach addrtronal sheets, rrnecessary.) Street address, Post Office and Zip Code City, Township or Borough ('ounty ® A. Petition for Probate and Grant of Letters Testamentary Petitioner avers she is the Executrix named in the last Will of the Decedent, dated October 6, 2007. 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(8), and did not have a child born or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ® NO EXCEPTIONS ^. EXCEPTIONS ^ B. Petition for Grant of Letters of Administration (If applicable] c. t. a., d.b.n., d. b. n. c. t. a., pendente lite, durance absentia, durance minoritate If Administration, c.t.a or db.n.c.~a., enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. ¢ 3323(8) and was neither the victim of a killing nor ever adjudicated an incapacitated person. ^ NO EXCEPTIONS ^. EXCEPTIONS Petitioner, after a proper search has ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (attach additional sheets, if necessary): Name Relationshi Address ,-,~, _ __ f'? O C17-~; C: ~.~ `~:- N ~l C7 `~ '~ ~ ~~i Page 1 of 3 D ~` W ~ c-~ ~~ rn ~~_ -~ .~ - --~ ;,~ C, r._ r-r1 ~~ ,~ ~+ C Oath of Personal Representative COMMONWEAI_,TH OF PENNSYLVANIA ; } SS: COUNTY OF CUMBF,RLAND } Official Use Only L~12 ~U~ 27 PM 3~ 4~l ~' ~r- .- ~ , i; Petitioners Printed Name Petitioners Printed Address Margery L. Hempt 515 Harding Street, New Cumberland, 17070 Cumberland County, Pennsylvania The Petitioner above-named swears or affirms the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner and that, as Personal Representative of the Decedent, the Petitioner will well and truly administer the estate according to law. // Sworn to or affirmed and subscribed before ~~ ~.~~w--~" Date G~~_"2 / Z me this day of , _- -i r j ~, ~ l.i~ -~~~' ~ ~ ~ Date .~ BY~ .: h'~ +~ t 1 ((~ (S ~ ~ .~-(L l~' i~~~ Date Forihe Register BOND Required:. ^ Y'ES ®NO To the Register ojWills: Please enter my appearance by my signature below: FEES: Attorney Signature: ~ .~ Printed Name: ° iarles J. Hartwell Supreme Court ID Number: 52655 Firm Name: Dethlefs-Pykosh Law Group, LLC Address: 2132 Market Street Camp Hill, PA 1701 I Phone: (717)975-9446 Fax: (717) 975-2309 Email- chartwell@dplglaw.com Letters ............................ ................... $ 30.00 (3) Short Certificate(s) .... .................... $ 12.00 O Renunciation(s) .......... .................... $ OCodicil(s) .................... .............•---... $ OAffidavit(s) ................. .................... $ Bond ............................... .................... $ Commission .................... .................... $ Other,~ .............................. .................•-- $ (~ ~ ~ ------- .................... $ 1~~, L. ~. Automation Fee ............. .................... $ 5.00 JCS lee ........................... .................... $ 23.50 TOTAL .......................... ................... $ ~, __ _ ` ' . ' 'C 703Q Page 2 of 3 DECREE OF THE REGISTER REGISTER OF WELLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Harry Maxwell Williams -~ File No: `, AND NOW, June ~ ~ , 2012, in consideration of the foregoing Petition, satisfactory proof having been presented. before me, IT IS DECREED that Fetters Testamentary are hereby granted to Margery L. Hempt in the above estate and that the instrument dated October 6, 2007 described in the Petition be admitted to probate and filed of record as the Last Will of Decedent. Glenda Farner Strasbaugh ,_ ~ ,, ~, ~ ~Lt~~~ Register of Wills }~'~~ ~ ~~ t ~!~~ ~~-~ ~-~'~ n -..,:, r~ r-, ;" N ~f a-7. - c C'~ C ~ "v ~ _ _ .._~i y ~ `.,_ ; D ~~ Page 3 of 3 ~o ~ k~~AR~s t;~i~~`~~~~:~~aN~~v ~ i~~~ ) ~y. k.}~•~~ f;:-alt ~s +y,l~g@I to duplic~te~ this c~a~t~ ~^'~ p4.iotc~st..~t r~~ ~_dyt('lV~~~C~l'!, }-~E~ 1~), m;~ ~ertif;cate. ,f,~;~, 7D{2 JUN 27 PM 3~ 40 ,,. ,. ,j, ~1 ~, ~~~: ,~ ,I ~rr„ ,0 V ~~"~~j ~yy ~~~ .. + ~ .. .. i tail: `ij ~tt_C ~ ~ Irx~irll}~i~ cu~-~~~~v~ co., ~A _v~~ - ~ , s ; i .. P 18~~9hL0 _ =,9~T- ~~~~:~ ~~1~~ MAYS i 211 ,,,,. - Li~r.~ ~ .~uru11 Certifiir(t;(u1',vwnhr(r: ~~ Type/Prl ni In COMMONWEALTH OF PEN NSV LVANIA • DEPARTMENT OF HEALTH VITAL RECORDS Permanent CERTIFICATE OF DEATH Black Ink State File Number: Z/ '~' 1. Decedent's legal Name (First, Middle, Last, Suffix) 2. Sex 3. Social Security Number 4. Date of Death (Mp/Day/Yr) (Sped Mo) Harry M. Williams Male 201 - 07 - 4734 May 15, 2012 Sa. Age-Last Blrthtlay (Vrs) 56. Under 1 Vear Sc. Under 1 Da 6. Date of Birth (Mo/D ay/Year) (Spell Month) 7a. Birthplace (City and State or Foreign Country) Months Days Hours Minutes YO rk , PA gg June 4, 1923 76. Birthplace (county) Yor 8a. Residence (State or foreign Country) 8b. Residence (Street and Number -Include Apt No.) 8c. Did Decetle nt Live in a Township Pennsylvania 521 Park Avenue OYes, dereden[ eyed In _ _[wp- ed. Residence (County) Cumberland 8e. Residence (Zip Code) 17070 ~No, decedent lived within limits of NeW Cumberland city/born. 9. Ev r in US Armed Forces] 10. Ma al 62a Clls at Time of Death ~ Marrietl Widowed 11. 6urvry ng Spouse's Name (If wife, give name prior to firs[ marr age) ~Y¢s Q No ~ Unknown ~ Divorced Q Never Married ~ Unknown 12. Father's Nama (First, Middle, Last, Suffix) 13. Mother's Name Prior to First Marriage (First, Middle, I_a st) Asa J. Williams Hattie M. Crumlin 14a. Informant's Name 14b. Relationship to Decedent 14c. Infor s Mailing Addre s (Street and Number, City, State. Zip Code; o Margery L. Hempt Daughter 515 Harding Street, New Cumberland, PA 17070 Ci .. ..................-...................... . . .....Sa. P ace o Deat... C on y one) .............................. -......- ....-.-. ......... --.. --.....---.... ..-.. .....- ... eC.-..... .- -~ ~~~ ~ ~ ~-~ ~~~ ~~- ~~~ ...........................^ -.......... ...... WF++ff -----. If Death Occrl rred i a Hospital: u Inpatient = ecedent's Home 1f Death Occu rr¢d Som ¢where Other Than a Hospital: ~ Hospice Facility ~( D _ ° Emergency Room/Outpatient Q Dead on Arrival _ 0 Nursing Home/Lang-Term Care Facility Other (Specify) 16b- Fa<ili[y Name (if not institution, give street and number; 15c- City or Town, State, and Zip Code 15 d. f_ounty of peach Select S ecialt Hos ital Cam Hill, PA 17011 Cumberland ' 16a. Method of Disposition ~$ Burial Q Cremation 16b. Date of Disposition 16c- Place of Disposrtron (Name of cemetery, cremato y, r other pia e) m Q Removal from State ~ Donation p Other (Specify) ay 1S, 2012 Rolling Green Cemetery Z 16d. Location of Disposition (City or TOW n, State, and Zip) 17a. Sig atur Funeral Service Licensee or Person in Charge of Interment 17 b. license Number Camp Hi11, PA 17011 FS 012 849 L 0 17c. Name antl Complete Address of Funeral Facility Parthemore FH & CS, inc., P_O_ Box 43 New Cumberland, PA 17070 16. Decedent's Education - ChecK the box Yhat best describes the 19. Decedent of Hispanic Origin -Check the 20. Decedent's Race -Check ONE OR MORE r stn Indicate wht[ ~- highest degree or level of school completed at the time of death. box Ghat best describes whether the decedent he decedent considered himself or herself [o be. Q 8th grade or less Is Spanish/HlspanlC/Latino. Check the "N O" ~ White Q Korean ~ No diploma, 9th - 12th grade box If decedent is not Spanish/Hispanic/Latino. ~ Black or African American Q Vietnamese [9 High school graduate or GF.D completed ~ No, not Spanish/Hispanic/Latino 0 American Indian or Alaska Native Q Other Asian ~ Some college credit, but no degree ~ Yes, Mexican, Mexican American, Chicano ~ Asian Indian ~ Native Hawaiian 0 Associate degree (e.g. AA, AS) O Yes, Puerto Rican Q Chinese Q Guamanian or Cha mono ~ Bachelor's degree (e.g. BA, AB, BS) ~ Ves, Cuban ~ Filipino d Samoan [] Master's degree (e.g. MA, M5, MEng, MEd, MS W, MBA) ~ Yes, Other Spanish/Hispanic/Latino Q Japanese Q Other Pacific Islander 0 Doc[orafe (e.g. PhD, Edo) or Professional degree (Specify) ~ Other (Specify) _ _ . MD DDS, OVM, LLB, lp 21. Decedent's Single Race Self-Design atlon -Check ONLY ONE to indicate what the decedent co nsitlered himself or herself [o be. 22a. Decedent's Vsual Occupation -Indicate type of work [] White ~ Ja pa n¢se Q Samoan done during most of working fife. DO NOT USE RETIRED. 0 Black or Afrcan American ~ Korean ~ Other Pacific Islander Q American Indian or Alaska Native ~ Vietnamese ~ Don't Know/Not Sure DriV e i' & Clerk Q Asian Indian Q Other Asian Q Refused 22b. Kind of Business/Industry ~ Chinese ~ Native Hawaiian Q Other (Specify) __ Q Filipino Q Guamanian or Chamorro L.l ~J. POStaI SerV ice ITEMS 23a - 23d MUST BE COMPLETED 23 a. Date P onou ed Dead (Mq/Day/Vr) '~ son Pronou ing Death (Only w en applicable) 23 b. Signature of pe ~ H ~ 23c. Lic Number ~ S~S~ I 3 L U ~ BY PERSON WHO PRONOUNCES OR CERTIFIES DEATH '~ , ~ a O ) ~ ' f. J f ~= ~ O~( f \\ r ~ - -- R I . mss} I ~ ~ 23d. Date Signed (MO/Day/V r) 24. Time Death - N ~• ~'T1 ~~ 30 25. Was edica Ex or COr r Contacted? Q Yes No CAUSE OF DEATH gpproximate 26. Part 1. Enter [he chain of events--diseases, injuries, o mplicatlo ns--Chat directly c setl the death. DO NOT enter terminal a cots s rch a ardiac a est Interval: t r r ad tlitional lines if necessary - Onset to Death B R EVIAT t e r o n ly one cause on a line. Adtl howing the ¢tiofogy. N OT E n respiratory arrest, or ventricular fibri llatlon without s A/B DpO E// / ~ J ~ t T ~ ~/ • ~ X ' IMMEDIATE CAUSE ------- -------> a. _ ~ tom' ~/ '-~V +~ 1 ____ __ _ r Due to (o as a consequ nce of): - (Final disease o ndtt4on resultinq in death) b. _. ~_.. Sequentially list conditions, Due to (or as a consequence of): If any, leading to the c e Ilst¢d on Ilne a Enter the __ UNDERLYING CAUSE Due to (or as a consequence of): (disease or Injury that F initiated the eve n[s resulting d. __ _.__, t in death) LAST. Due o (o as a consequence of): S 26- Part 11. Enter other signif"can[ conditions contributing to death but not resulting in the underlying cause given in Part I 2~. Was an autopsy pertormed? Q Yes ~ Ng ~ 28- Vr'ere autopsy findings available m to pieta the c of death' a co O No O Yes 29. If Female: 30. Dld Tobacco Use Contribute to Death? 31. Manner of pea[h E Q Not pregnant within past Year Q Ves 0 Probably ~ Natural ~ Homicide tg Q Pregn nt a pf death Q No Q Unknown Q Accident j~ Pending Investigation m d Not pregnant, but pregnant within 42 days of death Q Suicide Q Could not be determined Q Not pregnant, but pregnant 43 days to 1 year before death 32. Date of Injury (Mo/Day/Yr) (Spell Month) 0 Unknown if pregnant within the past year 33. Time of Injury 34. Place of Injury (e.g. home; construction site; farm; school) 35. Location of Injury (StreeT and Number, City, State, Zip Code) 36. Injury at Work 32. If TransporCation Injury, Specify: 38. Describe How Injury Occurred: [] Yes Q Driver/Operator ~ Pedestrian 0 No Q Passenger Q Other (Specify) 39a. C ffer (Check only one): Certifying physician - To the best of my knowledge, deatH o red due to the cause(s) and m r stated Q Pronouncing Sa Certifying physician - To the best of my knowledge, death occurred at the time, d te, and place, and due to the c se(s) antl m r tetl C a u s ) d r s tated Q Medical Examiner/C - On he is f exa and/or Investigation, in my opinion, death occurred at the time, date, and place, and due [o th e se( a n m a > y ~ y ~ ' /gy f~ A / ~ ` I ~ ~ ` ~ J] C/F~ X - Signature of certifier: Title of c rtifie License Number:_' f 396. N e Address antl ZI Code of Person Co p eting Ca f Dea h (Item 26) C~ ( ~ uZ ~ ~ ~ 39c. 'goad (Mo/Day/Yr) OS ` '~-f~c/ r ~,U 7 r~~ VSztdS ( ~ ~O~~~t 9. ~' i5 /2~ er 40. Registrar's District Numb 41. Registrar s SlgpaQire 42. Registra Fil Da a (MO Day r) -t } ~ GAL ~ "~ l' ~ ~ !/1~/M„!r ~~ ~/°7 G~ ~ ~- 43. Amendments Disposition PermiC No. ~r1Y~ L ~ / H105-143 REV 07/2011 i ?t_~..rl ~n~.. J... _. ...~'.~~f~~.1~4 rte ` ~ , i .~+1 Last Will And Testament ;~~~ ,~;;~~ 27 PPS ~: ~,p Of ~[ARRY MA~:WELL WILLIAMS C~~;=~~; v ~~i~;-,; CUMPi=~'I~rJD CO., PA I, HARRY MAXWELL WILLIAMS, of CUMBERLAND, PENNSYLVANIA, revoke my former Wills and Codicils and publish and declare this to be my bast Will and Testament. ARTICLE I MARRIAGE & CHILDREN I was married to MARY JEAN WILLIAMS, who is now deceased I have the following adult child(ren) from that marriage: Name: MARGERY L. HEMPT Name: THOMAS A. WILLIAMS Born on APRIL16,1953 Born on APRIL21, 1958 ARTICLE II FUNERAL & BURIAL EXPENSES I authorize the Executor of my Will to pay such sums as the Executor deems proper for my funeral, cremation or burial and interment, including the disposition of the ashes or the acquisition of any burial site and the erection and engraving of monuments and mazkers, regazdless of any limitation fixed by statute or rule of court and without order of any court. ARTICLE III PAYMENT OF DEBTS AND EXPENSES I direct that my just debts, testamentary expenses and expenses of last illness be first paid out of and charged to the capital of my general estate. All taxes (including income taxes and inheritance taxes) and any interest and penalties thereon owed because of my death shall be paid out of the residue of my estate. The Executor shall create, out of the residue, a separate fund for the purpose of paying any inheritance taxes in the amount necessary to pay said inheritance taxes. The payment of the taxes shall be made regardless of whether the taxes are owed on property passing under this Will or any codicil hereto, outside of this Will, in connection with any insurance on my life or any gift or benefit given or conferred by me either during my lifetime or by survivorship. The payment of the taxes shall be made regardless of whether the taxes are owed by my estate or by any beneficiary. The Executor shall not seek reimbursement from any beneficiary for the payment of the taxes. Initials: `'.G(1~ ~l' i C.. ~~~~ ,!`'.-.---. Page 1 of `7 Testator Witness Witness Witness This direction shall not extend to or include any such taxes that may be payable by a purchaser or transferee in connection with any property transferred to or acquired by such purchaser or transferee upon or after my death pursuant to any agreement with respect to such property. ARTICLE IV DISPOSITION OF PROPERTY Specific Bequests I direct that the following specific bequests be made from my estate. Drv Sink, Drop Leaf Table, Tools, Cherry Table and Chairs, Silverware, and my Jewelry shall be distributed to Thomas Williams, my son. If this beneficiary does not survive me, this bequest shall be distributed with my residuary estate. Corner Cupboard of her choice, Hummel collection, marble table and lama, cherry dressers shall be distributed to Margery Hempt, my daughter. If this beneficiary does not survive me, this bequest shall be distributed with my residuary estate. $6.000, Made furniture, watch collection, shall be distributed to Stephanie Wentworth, my granddaughter. If this beneficiary does not survive me, this bequest shall be distributed with my residuary estate. Slot Machine shad be distributed to Harry Adam Williams, my grandson. If this beneficiary does not survive me, this bequest shall be distributed with my residuary estate. Curio cabinet, shall be distributed to Danielle Williams, my granddaughter. If this beneficiary does not survive me, this bequest shall be distributed with my residuary estate. Additional items may be distributed to the above-mentioned at the discretion of the executor. Prim Residence All my interest in my primary residence or homestead, if any, shall be distributed to my child(ren) N/A (name(s)). If more than one child is named, then the distribution shall be in equal shares per stirpes. Residuary_Estate I direct that my residuary estate, including any real property and personal property, be distributed, bequeathed and given to my child(ren) MARGERY L HEMPT and THOMAS A. WILLIAMS. If more than one child is named, then the distribution shall be in equal shares per stirpes. If none of the named child(ren) or their descendants, survive me, I direct that my residuary estate be distributed in equal shares per stirpes to: Initials: l'J ~~~ Y`~~TC- Page Z of `7 Testator Witness itne~ Wttne If any such beneficiary does not survive me, my residuary estate shall be distributed to my heirs-at-law, their identities and respective shares to be determined under the laws of the State of PENNSYLVANIA, then in effect, as if I had died intestate at the time fixed for distribution under this provision. Except as may be specifically otherwise provided herein or directed otherwise by law, if any person should become entitled to any share in my estate before attaining the age of majority or while under any other disability, I authorize the Executor to nevertheless make any distribution for any such person directly to the beneficiary ar to a parent, guardian, conservator, committee of such person, trustee of such person, person with whom the beneficiary resides at the time of the distribution or to any other person the Executor may consider to be a proper recipient thereof. Receipt of any such distribution shall be a sufficient discharge to the Executor. ARTICLE V NOMINATION OF EXECUTOR I appoint MARGERY L. HEMPT, ("Executor") as the Executor of this my Will. If such person or entity cannot, does not or is unable to serve or continue to serve as Executor for any reason, I appoint THOMAS A. WILLIAMS, to be the Executor of this my Will in the place and stead of the first aforementioned Executor. References to "Executor" in this my Will shall include each Executor, Executrix, and Personal Representatives of my Will, my estate or any portion thereof who may be acting as such from time to time whether original or substituted and whether one or more. To the extent permitted by law, the Executor shall have the right to administer my estate without adjudication, order or direction of the court having jurisdiction over my estate, using informal , unsupervised , or independent probate or equivalent legislation designed to operate without unnecessary intervention by the probate court. No bond, security or surety shall be required of any Executor serving hereunder. ARTICLE VI POWERS OF EXECUTOR In addition to the existing authority of the Executor and in addition to other powers and authority granted by law or necessary or appropriate for proper administration of my estate, the Executor shall have the right and power to: 1. Lease, sell, grant options, partition, exchange, mortgage, or otherwise encumber or dispose of all or part of any real or personal property that may be included in my estate in such manner and for such purposes, for such prices, and upon such terms, credits and conditions as may be deemed advisable, without order of court and without notice to Initials: /V V~~i ~ITL _ `~7~ _ `~ Page 3 of 1 Testator Witness Witness Witness anyone. I also give to the Executor power to execute and deliver such deeds, mortgages, leases or other instruments and documents as may be necessary to effect such a sale, mortgage, lease or other disposition. The power of sale herein is discretionary and not mandatory. 2. Take charge of any real property as part of the probate administration of my estate for such period as the Executor shall determine; collect any income therefrom; and pay the taxes and expenses thereof, including the cost of keeping such property in adequate condition and repair, in the manner and to the extent that the Executor shall deem advisable. 3. To accept surrenders of leases and tenancies, to expend money in repairs, alterations, rebuilding and improvements and generally to manage any such property. The Executor shall also have the right to renew and keep renewed any mortgage or mortgages upon any real estate forming part of my estate or any part thereof, to borrow money on any such real estate upon the security of any mortgage or mortgages and to pay off any mortgage or mortgages which may be in existence at any time forming part of my estate. 4. Make any division of my real or personal estate or set aside or pay any share or interest therein either wholly or in part in the assets forming my estate at the time of my death or at the time of such division, setting aside or payment, and I expressly will and declare that the Executor shall in their absolute discretion fix the value of my estate or any part thereof for the purpose of making any such division, setting aside or payment and the decision of the Executor shall be final and binding upon all persons concerned, notwithstanding any fluctuation in market value and notwithstanding that one or more of the Executor may be beneficially interested in the property or any part. thereof so valued. 5. Sell, call in and convert into money any part of my estate not consisting of money at such time or times, in such manner and upon such terms, and either for cash or credit or for part cash and part credit as they may in their absolute discretion decide upon, or to postpone such conversion of my estate or any part or parts thereof for such length of time as they may think best. Make any division or distribution of my residuary estate in money or in other property or partly in both upon the basis of fair market value and cause any share to be composed of money, property or undivided fractional share in property. 6. Retain any of my investments or assets in the form existing at the date of my death at Executor's absolute discretion without responsibility for loss to the intent that investments or assets so retained shall be deemed to be authorized investments for all purposes of my Will. No reversionary or future interest shall be sold prior to falling into possession and no such interest not actually producing income shall be treated as producing income. 7. Permit any beneficiaries of my estate to use any tangible personal property or real property, without paying any rent, without giving any bond or security and without liability for any loss or damage. The Executor shall not be liable or responsible for any injury to, consumption of or loss of any such property so used. '~~ ~ Initials: f~ Pa e 4 of Testator Witness ~ fitness fitness 8. Make or refrain from making, in Executor's absolute discretion, any elections, determinations, and designations permitted by any statute or regulation enacted by the federal government of the United States of America, by the legislature or government of any state, or by any other legislative or governmental body of any other country, state or territory, and such exercise of discretion by the Executor shall be conclusive and binding upon all the beneficiaries hereof. The Executor shall not be liable to any person, whether beneficiary or otherwise, by reason of any loss, claim, tax or other cost experienced by any such person or by my estate resulting from any election, determination, designation or exercise of discretion, entered into by the Executor in good faith. 9. Windup, dissolve, settle or continue any partnership or business in which t may have an interest at the time of my death. 10. Compromise, settle, waive or pay any claim or claims at any time owing by my estate or which my estate may have against others for such consideration or no consideration and upon such terms and conditions as the Executor may deem advisable and to refer to arbitration all such claims if the Executor deem same advisable. 11. Pay all. necessary and reasonable expenses and costs incurred in connection with administering my estate, including but not limited to attorney, accountant, agent, broker and other professional fees. The Executor shall be fully protected in exercising any discretion granted to them in my Will and shall not be liable to the beneficiaries or their heirs or personal representatives by reason of the exercise of such discretion. The Executor shall exercise the powers, authority and discretion granted herein in what Executor deems to be the best interest, whether monetary or otherwise, of the beneficiaries, whether or not such exercise may have the effect of conferring an advantage on any one or more of the beneficiaries or would otherwise, but for the foregoing, be considered as being other than an impartial exercise of their duties hereunder or as not being maintenance of an even-hand among the beneficiaries and all such exercise of their powers, authority and discretion shall be binding upon all of the beneficiaries and shall not be subject to any question or review, by an}T person, official, authority, court or tribunal whatsoever or whomsoever. ARTICLE VII MISCELLANEOUS PROVISIONS The provisions in this Will for the distribution of my estate shall be supplemented by the following: 1. Paragraph Titles and Gender. The titles given to the paragraphs of this Will are inserted for reference purposes only and are not to be considered as forming a part of this Will in interpreting its provisions. Throughout this Will the use of any gender shall be Initials: ~ ~~~~~ MT L. ~ ~ Page 5 of ~_ Testator Witness Witness Witness deemed to include all genders, and the use of the singular the plural, and vice versa. and any pronouns shall be taken to refer to the person or persons intended regardless of gender or number The terms "child" and "descendant" shall include an adopted person and such adopted person's descendants, if, but only if, the adopted person is not more than twelve years of age on the date of the court order granting such adoption. 2. Thirty Day Survival Requirement. For the purposes of determining the appropriate distributions under this Will, Each beneficiary shall be deemed not to have survived me unless the beneficiary is living on the thirtieth day after the date of my death. 3. Liability of Fiduciary. No fiduciary who is a natural person shall, in the absence of fraudulent conduct or bad faith, be liable individually to any beneficiary of my estate, and my estate shall indemnify such natural person from any and all claims or expenses in connection. with or arising out of that fiduciary's good faith actions or non-actions as the fiduciary, except for such actions or non-actions which constitute fraudulent conduct or bad faith. 4. Beneficiary Disputes. If any bequest requires that the bequest be distributed between or among two or more beneficiaries, the specific items of property comprising the respective shares shall be determined by such beneficiaries if they can. agree, and if not, by my Executor. 5. Matrimonial Ri ts. No gift, or the income therefrom, under this Will shall be assigned or anticipated, or fall into any community of property, partnership or other form of sharing or division of property which may exist between any beneficiary and his or her spouse, and every gift together with the income therefrom shall remain the separate property of a beneficiary hereunder, free from all matrimonial rights or controls by his or her spouse. 6. Severability. If any provision of this Will is declared invalid, illegal or unenforceable, any invalidity, illegality or unenforceability should affect only that provision and all other provision should remain effective. 7. No Spouse. I am not currently married to anyone. IN WITNESS WHEREOF, I have signed my name below to this Will, this 6th day of October, 2007. at NEW CUMBERLAND, PENNSYLVANIA that I declare this to be my Last Will and Testament, that I am of legal age and sound mind, that I make this under no constraint or undue influence and ask the Witnesses named below to witness my signature. ~/ ?` Testator's Signature: ~{ ~2 .~i~ ~ _ /' Name: ARRY MAXWELL WILLIAMS Initials: ~'`'l~~ MTL_ ~ _ Page 6 of / Testator Witness fitness Witness (Notice to Witnesses: Three (3) adults must sign as witnesses. Each witness must read the following clause before signing. The witnesses should not receive assets under this T~'ill.) We, the undersigned, hereby certify and declare under penalty of perjury under the laws of the State of PENNSYLVANIA that the above instrument, which consists of 7 pages, including the page(s) which contain the witness signatures, was signed in our sight and presence by HARRY MAXWELL WILLLAMS (the "Testator"), who declared this instrument to be his Last Will and Testament and we, at the Testator's request and in the Testator's sight and presence and at Testator's request, and in the sight and presence of each other, do hereby subscribe our names as witnesses on the date shown above. We understand this is the Testator's Will; We believe the maker is of sound mind and memory; We believe that this Will was not procured by duress, menace, fraud or undue influence; The maker is age 18 or older. Each of us is now age 18 or older, is a competent witness, and resides at the address set forth after his or her name. Dated: October 6.2007 ('~ Witness Signature: ~?~~,y,~ 1~.~~ tt`~~ _ Name: Donald R. Fuller Jr. Address: 515 Harding Street City: New Cumberland _ State: Penns~v_ania Witness Signature: ~ ~~~ C' -~~__ Name: i sa lso _ Address: 5 8 Harding Street __ City: New Cumberland _ State: Pennsylvania _ -, Witness Signature: ~ - ~. _ Name: Michael Colson _ Address: 518 Harding_Street _ City: New Cumberland _ State: Pennsylvania lniriars: 1tc.-% M TC._ ~ ~~__, Testator Witness fitness Witness Page 7 of ~_ Self-Proved Witl Affidavit STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND I, the undersigned, an officer authorized to administer oaths, certify that HARRY MAXWELL WILLIAMS, the testator and Donald R Fuller, Jr., and Lindsey Colson, and Michael Colson, the witnesses, whose names are signed to the attached or foregoing instrument and whose signatures appear below, having appeared before me and having been first been duly sworn, each then declared to me that: 1) the attached or foregoing instrument is the last will of the testator; 2) the testator willingly and voluntarily declared, signed, and executed the will in the presence of the witnesses; 3) the witnesses signed the will upon the request of the testator, in the presence and hearing of the testator and in the presence of each other; 4) to the best knowledge of each witness, the testator was, at the time of signing, of the age of majority (or otherwise legally competent to make a will), of sound mind and memory, and under no constraint or undue influence; and 5) each witness was and is competent and of proper age to witness a will. ~~ ;"~-r~: ~~r ~~' ~l.~,cr 2 ~:~s" ~c~~~'. ='Et' ~ "~__~ {Testator) (Witness) Print Name: Donald R Fuller, Jr. Address: 515 Harding Street, New Cumberland, PA ,~ ~~ (Witness) ri Nam n Olson ddress: 518 Hardin reet New Cumberland PA _ j 6 - (Witness) Print Name: is ael Colson Address: 518 Harding Street? New Cumberland, PA Subscribed and sworn to before me by HARRY MAXWELL WILLIAMS, the testator, who is personally known to me or who has produced PENNSYLVANIA DRIVER'S LICENSE as identification, and by Donald R Fuller, Jr., a witness, who is personally known to me or who has produced PENNSYLVANIA DRIVER'S LICENSE as identification, and by Lindsay Colson, a witness, who is personally known to me or who has produced PENNSYLVANIA DRIVER'S LICENSE as identification, and by Michael Colson, a witness, who is personally known to me or who has produced PENNSYLVANIA DRIVER'S LICENSE as identification, this 6th day of October, 2007. No pu i [SEAL] COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL GEORGANN E. KEGG, Notary Public Silver Spring Twp., Cumberland County My Commission Expires Feb. 29, 2008