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Home My WebLink About05-31-12 (2)LAST WILL AND TESTAMENT OF WILLIAM W. PRICE I, William W. Price, now or formerly of Camp Hill, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time made. ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my Estate or by any recipient of any property, shall be paid by my Executor out of the property passing under this Will, which is not specifically devised or bequeathed, as an expense and cost of administration of my Estate. My Executor shall have no duty or obligation to obtain reimbursement for any such tax paid by my Executor even though on proceeds of insurance or other property not passing under this Will. ITEM II: I hereby exercise all powers of appointment which I may have at the time of my death in favor of my Executor, and all property subject to all such powers shall be included in my Estate. ITEM III: I give and bequeath all my household furniture and furnishings, ` N -z O ~ r N ~„ . = 7 ~ r ~ - ~ ~1~.~ ~C =N ~ >, automobiles, books, pictures, jewelry, china, linen, silverware, wearing apparel, and all other like articles of household or personal use and adornment to my wife, Peggy Ann Price, if she survives me, or if my wife does not survive me, to my daughter, Rebecca A. Gilmore, and my daughter, Sandra E. Price, to be distributed in equal shares by my Executor. ITEM IV: I give, devise and bequeath all of the rest, residue and remainder of my property, real, personal and mixed, to my wife, Peggy Ann Price, if she survives me, or if my wife does not survive me, to my daughter, Rebecca A. Gilmore, and my daughter, Sandra E. Price, to be distributed in equal shares by my Executor. ITEM V: In the settlement of my Estate, my Executor shall possess, among others, the following powers to be executed for the best interest of the beneficiaries: (a) To sell, either at public or private sale and upon such terms and conditions as my Executor may deem advantageous to my Estate, any or all real or personal estate or interest therein, whether owned by me severally or in conjunction with other persons or acquired after my death by my Executor, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the Page 2 of 8 powers conferred upon my Executor in this Paragraph V (a) or elsewhere in my Will. (b) To pay all costs, taxes, expenses and charges in connection with the administration of my Estate. My Executor shall pay expenses of my last illness and funeral expenses. (c) To distribute my Estate in kind or in money. If any assets are distributed in kind, they shall be distributed at their respective value(s) on the date(s) of their distribution. (d) To retain any investments I may have at my death so long as my Executor may deem it advisable to my Estate so to do. (e) To vary investments, when deemed desirable by my Executor and to invest in such bonds, stocks, notes, money markets, real estate mortgages or other securities or in such other property, real or personal, as he shall deem wise, without being restricted to so-called "legal investments." (f) To mortgage real estate and to make leases of real estate. (g) To borrow money from any party to pay indebtedness of mine or of my Estate, expenses of administration or inheritance, legacy, estate and other taxes. (h) To vote any shares of stock which form a part of the Estate and to otherwise exercise all the powers incident to the ownership of such stock. Page 3 of 8 (i) In the discretion of my Executor, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of the Estate. (j) To distribute my personal property directly to the Guardian of the person of any minor beneficiaries hereunder. (k) To elect such settlement options as deemed most appropriate by my Executor with respect to any pension, profit sharing or other retirement plan in which I am a participant. (I) To do all other acts in the judgment of my Executor necessary or desirable for the proper and advantageous management, investment and distribution of my Estate. ITEM VI: Any person who shall have died at the same time as Testator or in a common disaster with him, or under such circumstances that it is difficult or impossible to determine who died first, shall be deemed to have predeceased him. ITEM VII: If, at any time, any minor child or disabled person shall be entitled to receive any assets hereunder, my daughter, Rebecca A. Gilmore, of Camp Hill, Pennsylvania, and Sandra E. Price of New Hope, Pennsylvania, shall act as Guardians (herein referred to as "Guardian") of the assets payable to such person. Said Guardian may receive and administer all assets authorized by law and shall have full authority to use such assets, both principal and income, in any manner said Guardian shall deem advisable for the best interest of such person, including college, university, post-graduate Page 4 of 8 or other education, without securing court order. Said Guardian shall have all the rights and privileges as to the Guardianship and the assets thereof as are herein granted to my Executor as to my Estate and the assets therein. ITEM VIII: I nominate, constitute and appoint my daughter, Rebecca A. Gilmore, and my daughter, Sandra E. Price, to be my Executrices (herein referred to as "Executor"). In the event of the death, resignation, refusal or inability of Rebecca A. Gilmore and Sandra E. Price to serve as my Executor, I nominate, constitute and appoint my son-in-law, Charles W. Gilmore, to serve as Executor. My Executor and Guardian are specifically relieved from their duty or obligation of filing any bond or bonds. IN WITNESS WHEREOF, I have set my hand and seal to this my Last Will and Testament, consisting of this, the next three (3) pages and the preceding five (5) pages this / ~~``' day of October, 2009. '`~~-(:. ~~r~r~ ~~~ ~ fit. L-`~~, William W. Price Page5of8 SIGNED, SEALED, PUBLISHED AND DECLARED by the above named Testator, William W. Price, as and for his Will, in the presence of us, who, at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses in attestation thereof. 5115 East Trindle Road Mechanicsburg, PA 17050 5115 East Trindle Road Mechanicsburg, PA 17050 Page6of8 KNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS.: I, William A. Price, 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 William A. Price, the Testator, this j day of October, 2009. William fit: Price Notary P lic My Commission Expires: (SEAL) Ci7hAiviOh$Md'~AL.TF4 C~F'F'~F,Y,i~S.F~.`-iivk+'. i~ NOTARIAL SEAL ! ROBYN A. CRONIN, Notary Public Hampden Twp., Cumberland County My Commission Expires September 23, 2010 Page 7 of 8 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS.: COUNTY OF CUMBERLAND We, Margaret A. Fenstermacher and John R. Fenstermacher, the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were 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 our knowledge, the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by Margaret A. Fenstermacher and John R. Fenstermacher, witnesses, this /~ day of October, 2009. Notary Pub My Commission Expires: (SEAL) C®fY~Ph1:e(e,`e~t~~~~"i713t !'i=.;'-sc;:,"_"`...t~~».1`,36N ~~ NOTARIAL SEAL _~ I ROBYN A. CRONIN, Notary Public ~ Hampden Twp., Cumberland County Nly Commission Expires September 23, 2010 Page 8 of 8