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HomeMy WebLinkAbout07-30-12PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF C-U_MBERLAND___ 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: THEODORA_ F. ROBERTSON_ _-_ _- a/k/a: THEODORA _ FISH__E_R ROBERTSON-_- __ __- a/k/a: - - _ - - _--- - -- - --- a/k/a: --_ _ Date of Death: 11 / 21 / 2 D 11 ___ -____ File No: _ _~ ~~~~' ---- (Assigned by Register) Social Security No: 57.8406.2.7.2 Age at death: 82__ _ ___ _ _ Decedent was domiciled at death in CUM-B E R L_ A N D- _-__ County, P E N N S Y L V A N_I_A _ __ (State) with his/her last principal residence at 1.00_ MT_ ALLE_N DRIVE_ - _17.055_ UPPER _A__L_ LENTOW_N_SHIP ___CUMBERLAN __ Street address, Post Office and Zip Code City, Township or Borough County Decedent died at 100 MT- ALLEN- DRIVE__-_ 1.7055____-UPPER_ALLEN TO_WNSHIP__- -_ CUMBERLAND_ PA-- Street address, Post Office and Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: /f domiciled in Pennsylvania ................................All personal property $ 2 ,.8 0 0 ~ 0 0- /jnot domiciled in Pennsylvania .............................Personal property in Pennsylvania $ /f not domiciled in Pennsylvania .............................Personal property in County $ -__ ___ __ ___ value of real estate in Pennsylvania .............................................................. $ -_ _ - TOTAL ESTIMATED VALUE.... $ __ -_ _ 2 , 800..•._00 Real estate in Pennsylvania situated at: --- --- --- ----- - - (Attach additional sheets, i/'necessary.) Street address, Post Office and Zip Code City, Township or Borough County ® A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated ],0!_~/__198_'Z _- and Codicil(s) thereto dated -_ _ _- - -- -- - _ State relevant circumstances (e.g. renunciation, deaU~ of executor, 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 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, durante absentia, durante minoritate If Administration, c.t.a. or d.b.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(g) and was neither the victim of a killing nor ever adjudicated an incapacitated person. ^ NO EXCEPTIONS ^ EXCEPTIONS _- __ _- -- _ ------- ------__ -- ---- - __- - -- - Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (attach additional sheets, if necessary): ""'~' _ ~_ - a. Address~~; r.S c_._ ~s'- r:r+ ~... - ~ _ -- __ ~ W - ~ r• -~ ~' c: -, . t .' r. Q ~ _, "E7 _. C7 ~ _ , ~ c - ~ , I t-- _~ .. - - ~ - -~~ t71 Fora, irw-nz rev. io;~u~zoii Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } !, } SS: COUNTY OF CUMBERLAND -_ __ __ _ } Petitioner(s) Printed Name ~ Petitioner(s) Printed Address 1031 CHESTNUT PLACE a :Y R• HORSTMAN ALSO KNOWN AS HUMMELSTOWN :Y LEE ROBERTSON -_-_ -- __ 351 MARTINGALE DRIVE JA_ MALAMUD__FORMLERY KNOWN AS. CAMP HILL _ _-- JA_ FIS_HE_R__ROBERTSON _ _ ___-_- --_ d Use Only F'"~'-- ~ r~ -r ; `~ r - w ~ C. t~ I __PA 17011. _ _ 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 the Decedent, the Petitioner(s) will well and truly administer the estate according to law. Sworn to affirmed and bscr' ed before C~n~ /t!7~~(^z~ tt(~ _---_ _- _ pate _7 ' 3U"~ L me thi the y/7~ _ ~ - ~ ~ ~ta~--- Date - ~ ~36 i Z By: ~..- - ---- - -- _ Date r e Register -..___ Date _ BOND Required: ^ YES ^ NO FEES: ~a~~f Lette s ....................... $ -- ( ,)Short Certificates(s) ...... _ _- ,.~-'-~ - ~, ~ ( ~ )Renunciation(s) .......... __ .~ -_- ( )Codicil(s) ............. . ( )Affidavit(s) ............. ___ Bond ......................... Commission ................... . Ot er -- - ......... - %~ _ _ -- ......... - L~-~ To the Register of Wills: Please enter my appearance by my signature below: Attorney Signature. ~ ,~ ~% / ~'~..-Y~'C ~~---- ~ -- - Printed Name: DAVID W • -RE_AGER - ___ _.-_ Supreme Court ID Number: 20868-_ Firm Name: R_EAGER &-_A_DLER, PC_ Address: 2331 MARKET STREET ___ CAMP HILL __- PA -_17011 -- - - --- - ......... _ _ - ~' Phone: 7.17-763-__13.83 _-_ --__ _ _ ......... Fax: 717..-730-7366 _ -_ . --- __--- JCS Fee ....................... __ S'~~n Email: DWREAGERaR_EAGERADLER_PCCOM - - Automation Fee ................. ~ ~- --- - --- --- --- -- - - - -- I' TOTAL ......................$ -- - -~hJ _ - DECREE OF THE REGISTER Estate of THEOD_0RA F • ROB-E_RTSON File No: - ~~~/-~ ~~ a/k/a: - _ - _ - - - AND NOW, - _~~ --_ , ~~.~- , in consideration of thg foregoing Petition, satisfactory proof havin been sented before me, IT IS D CREED at Le rs -~~J.S~CC /!7e' t~C -__.-_ are hereby granted to ~Q/7~ ~ -~1",:S~aL1__~Q~_ ~ 1Z~~/h~/~ -_-- in the above estate and (if applicable) that ____ ..--- - -- the instrument(s) dated -_ _ _ ~ i'_ r - ~ ~ - -- - described in the Petition be admitted to probate and filed of record as t))e last Will (and Codicil(s)) of Decedent. ~ ~ Register of Wills ~e~ r~rm Rw-oz rev. ~a~~~;~zoir ~~ Page 2 of 2 ~1~ ia- ~J LOCAL t~T~~ C~RTl~~CAT10OV O~ D~ATR . WARNIN ,1 ,f ~~ega,; tq,~lNQiicate ti~is cagy by photostat ar ~hatagrap~l, Fee f<~r this certificate, S6.UU _ P 17960930_ 212 JUL 3Q PN 2~ 56 Qf~Pf`wIv J ~vl;n CUMBERtA-'~D CO.. ~ IiTi~ ~~ to certil~ that ills il~l~cTrmaiilu) hcree"i~cn is cTj~rcht!•< cllhicLl fnyn( au ori;~inal Ccrtifi~,~ate ITI~ Death (Inir (~le~l ~cilh mL~ a~. LlTral Re~~istrar. The Ln~i~*inal cerulicaic ~y.sll he tv~~~arLied tl> the Statr Vital ll'ax~l~rds t)1~fice I it ~~crmanert filin~~. C~/" / _ ---------- -~~t/- t (.(Thal -Le~ristr.u~ [)ate Issued Certifia)tiL~n tiumber .J HEY 11.2006 i'HINT IN ~. rUTANENT ~ AI:K INK COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverser I Kane a Dewmnl tFnsl, mgda. last, wttul 2. Sea 7. Sdaal Sxunty Nunlmr V .... ` .. •• V •• A. Dale d Oealn (Mmm Yearl mY , • T/jrp oRA FSNER No".fER?'Son/ PE,ryAtE 57$ -L!O -(,x7~ NOV•,2/,10// 5 Age ILasl &nrday) Under 1 yezr Under 1 aay 6. Dale of BIM (MOntn. my, year) 7 &nnplace IGry ana sole a tae canlry) gd. Place of Deam (Cnxk ody met /~~ klanlra Data Iqua Mwuu /)s HOSpllal. pl n @r'. VY Vrs ~x~N ~/k MD fir ~~ ~9'~ ~ r y l " ! R ^Inpauenl ^ER]Oulpauent ^DOA uNursug Fbme ^ResWance ^DYw-SpaNy. 6D County GI D@am & Gly, Boro,(~ol Dealn 8d. FaWry Name (II nor msDlution, gne Street and nummrl 9. Was Decadent d Hispanro Orgm? ~ No ^ Vas 10. Ran. Artanran b1Oan, Slatlk wnu, etc. eu~+19ERtAav9 uPPEa2 /4Lt.Ea/ (Ilyes.specllyCwan. ($px,M S S \ ~~,,,~ \ \ MeaKan, Puerto Rcan, etc l y,/y/ I f De.@d@nl's Us.al Occupalxn IWnd al work done mm most of row Ille. Do rwl stale refired 12 Wee Oecemnt eve! In Ine IJ Dxedenl's Eaucalwn I$p@c fy oNy ignesl grade completed) li Mental Status: hlarned, Never ManN, 15. Survning Spouse (If wRe, qve mdgen nartpl Knd d Wcra Kmd of Bu9ness I Imuslry U.S. Armed Fo~~ryytleIs? Elementary I Secondary (0'72) College (1-0 a 5+) W'mwea. Dlvoicetl ISpecrryY ~R ^Yes J)~y NO ' WrD0aJE17 16. Decetlants Md,wg Aadi¢ea lsl(e@I, clly / IGwn, aWl@. Llp COtl¢I /C+ ~' M T L ' / ~ J DECBaen15 Did Dacemnl ~~~ ~~`~~ PA A t l fl g 17 S L , O . / < 6 aA a . c ua es ence a. tale ive m a 7 7c. ~ Yes. Dxeaenl Lived n Tp rya q, I7~SS /"EGt/AN/CS 4/C( /vT Township? 170. CWn I7d. ^ No. Decedent Lived rwtlnn N LIMi}EQLi1ND . . Mtwllmnsd Cn„gpp 18 Fauwr's Nana (Fast, mvwq, usL wdu) SONN 'T N / ta. Momr's Nana IFirsl, made. inaidan surname) S ER J/P, /4c,QoT F l~wA/ A/vN M ~ DD LETo/Yl 2m Intemaru's tame (Type / Pnm) 200. Irdormad's Mad+g Address (Slrwl, ary ]sown, stale, :p code) Nr4NC 72v~gE,QTSrr,n/ NO/aSTir~gA/ /D3l CHESryVMf ~<.ILE f~UH! EGSrOwAI, Pa.. /7d 3G 21 a. Me1M a Dlsposnron ^ Ciemaum ^ Dmaliw &1rW Removal from SIa19 ;W C i D i 210. Dace of Dispnsnian (MOnID, da Y~ Yearl 21c. Plxe of Dlsposldm (Name of cemetery. crematory w Omer pace) 2Id. Localwn IGtY I lawn, sole, zp code) as remat dna oltas on AWlYOrimd ^~ ^ OIMr ~ SpecJy: Oy 1Mdkal Easmiror y CeonerT ^Yes /1/DV. a~G, ~O// ~fs~alRE[t/vn1 ~E,r/E'TEfer (yL llJTOAly MD. 20735 22a. Sgnalwe d FuYleral Service Ocensee la peraal xtug as such) 220. Llfarsse Number 22c. Name and AdNess d FwNy ,~~ `!/ o/s/zzc. St I 3 SaT l~E4a NEyi e I' F I 4 ~ . . y , .e. • a.,u rea~.e .••E aNC. AR~¢i59aaeG, a4, 17tn Cmlplele Urns 23a~ ody cerulyng 23a. Ta Ine msl d my 4nowledge. mom ocaned al W ume, m4 and place sated. (Sgnalure ana Duel 2JD. License Number 23c DaU S goad IMeun m ea0 pnysnan u nr avaYaOla a me d deem to . , y, y wmy rwsa d awn. gems 2a-26 muu De calydetea W persm 2a. i abeam 25. Date Pragrnced Dean (MOnln, my, Yearl 26. Was Case RNa rred w Medlcd Ewnrwr / Ceaw la a Reasm OVwr man Crsmatlon a Dwudn? wM paiwices mom. ,y i i •. 0 ~ T.M. ^T ~\~~~ e~^ Ol f ~ ~ \ t ~ u ^ ^Yes I~'~ CAUSE OF DEATH (Sn Instructions and esamplea) 1 Appmxunale ntena. drn 27 Pan I'. Emn Ine cnaln ,events - dsear< mjums. a canldifations - mar Gr@ 1ty caused IM mom DO NOT emer lerminal evenu suU as caraac artev Pan II: Enter Omer sgnlACam Caul Irons cmv wurg to mom, 28. Od iduao Use Cmm0ae ro DeamT . , orse~ to Deem resgralory anew, a v¢nlncuWr IIONW tan wdaW SMweg me B4obgy. Lost Doty OM WUSB M @acll dw. 1 Wt raw ieswwg in rte u enymq rouse gven n Pan I. ^ Yea ^ P rom g y IMMEDIATE CAUSE IFwI aa@ ~, /J ~ ,/ ~A ~., ~ y ~~~ ~~~ ~~~_ ^ ~ 11xaw'^'""^' =~ , ~~ ~ ealalllipn resullug n mom) / ' I (.L~~~T-( t S7 (.C~7. ( ~Il~ 29 II Fm1aW: ~ I a, / T V . Due to (or u a crosegu@nce oD: i ~ pegws rowan past year $eRwnmYy ksl rorWlWnc. it anY. D. 1o me ease kcled m line a. i ~- T-/ L/ PreglMnt at row d man Enter UNDERLTING CAUSE Due to for as a consegwnce dp~. ^ Nd gegwd, W prrjY@N wdhn E2 mya 16seasa a I^FV1' WI voluted Ine ; evenLt lesuWgnmaml LAST I c Qf-G J da°aU' Due to (a as a consequence d): Nd ^ pregwu. W preyed a3 days M I Mar d. Deere maul ^ tAarpwn u pegwY w,min uw pro wr YM. Was an AulopsY Penemed? 7w. Ware Autopsy Firaargs AvaMde Prwr la Compelron J1. Mamr d Dean 72a. bald of Inryry (MOnm, aay. year) 72D. Desuoe Haw Irqury Occwred 72c. PWCe d Inevy. pony, Farm, SDer, Fanny, of Ddus¢ d D¢dm? ~ Na1eM ^ Ilanucde Olka BWMg, etc. (SpecNy) ^ Yes No ~ ^ Ves ^ No ^ A[narll ^ Pdnding InvesDgawn 32d. ime OI Injury 72e. Inyay a wax? J21. II TunsporMeon Inlwy (5peci hl 72 LocaOm OI m 9 Nry lSlrwt, uty r town, SIdM) / ^ Su¢de ^ Could Nd m DetermeMd ^ Y!S ^ No ^ Onv@r r Operate ^ Passenger ^ Pemslnan M DNB! ~ Spxry: 7Ja Canlmr Icnxk only awl 3b. Sgnatae ana rtes a Cemhet • Cenirying physkian IPnysiman cemtymg rouse of deem when anomer phys¢ian nos pronauncea main and canpleled Item 2J) m T G o M maI a my know4dge, OnIA occurred dw to lM teasels) and manor as aMled_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ • P o i d ni n ~ - ~ - r nounc ng an u ymy p ys¢un (Poysroian from pomummg mom and cemrymg to cause d motor / Ta UM One of my knowNdga, main ocwrred at IM lime, mle, an0 lace, and dw to IM tau l.~ p n(s) and manwr as aladd_ _ _ _ _ _ _ _ _ _ _ • Meaicr Eumirw f Corona _ _ _ erase Nummr // ~ ~(JU(i! T~ S~ ]7a Dale lMOnm. mY yead / ~/ ~/ .,26 / / 0 tM Wvs of eaamina0m and / a inrssn n, in my opinion, math acurred at IM lime, mp, and plxa, and due to tM cauae(sl and manwr as sated_ ^ Ja Nanw am Amress of Parwn Wno C.:mae'¢d Caine cl CaA n IIIM n 211 iYDe - Prml ]~ n¢gl~n 5 Igo U Se Ie File0. G J@V. Y! ) ~~ - - ,i'~I C /-Z Le J~ /UU r ' Dnposllwn Perrtul No. { ~ ~ % `/ / -~J'~/ 1 IZI±JNUNCIATION ~~, °. r~ REGISTER OF WILLS ~ . ~ v: o '.' ~ ~-_~`. COUNTY, PENNSYLVANIA CWMBERLAND oc~: --~ `- G ~~"~~ O ~~ ~c~ ~ -~-, ^~':: o -'i ~-- `~ Estate of THEODORA F ROBERTSON ,Deceased I, MARY LYNN ROBERTSON ALSO KNOWN AS MARY LYNN SACHS , in my capacity/relationship as (Print Name) F' X r= C I I T A R/ n u l l (, H T F R of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to NANCY R HORSTMAN ALSO KNOWN AS NANCY LEE HORSTMAN (Date) ~~~-)~~~~ Executed in Register's Office Sworn to or affirmed and subscribed before me this day of , Deputy for Register of Wills Form RW-06 rev. 10.13.06 ~--, ~ - (Signature) 586 IRISHTOWN ROAD (Street Address) aici,i nYFnRD PA 173511 (City, State, Zip) Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciati~ for the purpose~tated yvithin on this ~ ~ day of N~ , 2012 _. -`.~r. f ~ ~ ~~ (~ ~ , Notary Public ) ~./, , ~ / _~~ My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) C`t? uw 'IY~'lt~At:;~ Cw~,i[NNSYLVANIA NCB"tARIAL SEAL f~~t11~1` L, SMiTN, Notary Public `''trab~~ ~~a., Adams County ~' ~~?~'~~ E~~irss C~ecember 12, 2013 ~ w O c~~ ~' tJ '~~ ~:. ,j_ o r ~ r~_ J li. ~~ M ¢OATH OF SUBSCRIBING WITNESS(ES) ~__ n- f_~1 Q '.~+' U ~. a ~ REGISTER OF WILLS `~ ~~CTTMRF.RT,ANn COUNTY, PENNSYLVANIA ~~~ -- ~ I I ~ ~~ ~ Estate of THEODOR,A F • ROBERTSON ,Deceased P A l l l Z E D O N T S , (each a subscribing witness to (Print Name/s) the ^X Will ^ Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that she / he /they was /were present and saw the above Testator /Testatrix sign the same and that she / he /they signed the same and that she / he /they signed as a witness at the request of the Testator /Testatrix in her /his presence and in the presence of each other. (Signature) (Street Address) (City, State, Zip) (sign X25 HANOVER VIEW CIRCLE (Street Address) HARRISBURG PA 17112 (City, State, Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed before me this day before me this 3RD day of of MAY , 2012 Deputy for Register of Wills Nota is C mission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present [he original or copy of instrument(s) ~t~~~~~t~~*n I Notarial deal Jennifer Groaa, Notary 1'uhlic Form RW-03 rev. /0./3.06 Camp Hill ®oro, Cumb~Pisrrq ~:ourlty My Commission ~xpirg^,.F ~ ~~t~. 91, ~Q12 Member, Pennsylvania A3sgC~tpn gfi Nq~~ries OATH OF NON-SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of THEODORA F • ROBERTSON ,Deceased NANCY R• HORSTMAN AKA NANCY LEE ROBERTSON and (each) being duly qualified according to law, depose(s) and says(s) that she / he /they was /were well- acquainted with T H E O D O R A F• R O B E R T S O N and am/are familiar with the handwriting and signature of the decedent, and that the signature of T H E o D o R A F. R O B E R T S O N to the foregoing instrument purporting to be the Last Will and Testament/Codicil of T H E O D O R A F• R O B E R T S O N is in his/her own proper handwriting. /Ft' n (Signature) ~t (Signature) ]031 CHESTNUT WAY (Street Address) HUMMELSTOWN PA 17036 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this _ ~ L~rh day of , X012 . 1 c p y for Register of Wills (Street Address) (City, State, Zip) Pr,..l ~l ' - ~t l ~~ ~ ~ rn _ ~_ ~ - ~ _ f«.- .. r 1 C~ c~ ~;. --,, w~ _ -~ ~~ ~ N , ,, `= f`'ri ~ ~ ~ 0 GTE "~l Form RW-04 rev. 10.13.06 ,.. ~1~~-~,~ t~~- NYC i~ U-.P~.~c~1~~~1~t ~? ~ C C. OF ?o ~; ~ ~ -~ ~_; w ~ v - c~ THEODORA F. ROBERTSON Gc-; c~c> -~ o ~ ~= _~~ I, THEODORA F. ROBERTSON, of Conewago Township, Ada1R"s County, Pennsylvania, 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 the Executor out of the property passing under ITEM IV of this Will, as an expense and cost of administration of my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not pas- sing under this Will. ITEM II: I direct the Executor to pay the expenses of my last illness and funeral expenses from the pro- perty passing under this Will as an expense and cost of admin- istration of my estate. ITEM III: If I predecease my husband, CHARLES E. ROBERTSON, I give and bequeath to him absolutely and in fee simple all of my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment and all policies of insurance thereon. If I do not predecease my said husband, I make said bequest to my children Page 1 ~~ ' '~ r T ~J- C` , ,, _ , f= c~ living at the time of my death, to be divided among them as they shall agree. ITEM IV: I give, devise and bequeath all the rest, residue and remainder of my estate, not disposed of in the preceding portions of this Will, to my husband, CHARLES E. ROBERTSON, as Trustee, IN TRUST NEVERTHELESS, for the following uses and purposes: (a) The Trustee shall pay the net income arising from the principal of this Trust in quarterly install- ments to my husband, CHARLES E. ROBERTSON, during his lifetime. (b) During the lifetime of my said husband, the Trustee shall pay to or for the benefit of my said husband so much of the principal of this Trust as may be necessary, in the sole discretion of the Trustee, for the proper support, maintenance, and medical care of my said husband. (c) Upon the death of my said husband, or upon my death if he predeceases me, the then remaining principal shall be divided into as many equal shares as there are then living children of mine and then deceased children of mine represented by then living issue. The Trustee shall pay one such share to each of my then living children and shall hold one such share as a separate Trust for the benefit of the issue of each such then deceased child, per stirpes. (d) In each Trust established for the benefit of the issue of a deceased child of mine, the Trustee Page 2 ="L-- shall quarterly pay the net income to or for the ben- efit of the issue of such deceased child, per stirpes, living at each time of quarterly distribution; as soon as any one of said issue attains the age of twenty-one (Zl) years, and in no event later than twenty (20) years following the death of the survivor of my hus- band and myself, the Trustee shall pay over all of the then assets in the Trust to the then living issue of my deceased child, per stirpes. (e) If at any time before final distribution of the assets of any of the Trusts established for issue of a deceased child, there are no living beneficiaries of said Trust, the Trust shall terminate, and its as- sets shall be added to the other then existent Trusts created herein for the benefit of the issue of my said deceased child. Provided, that if any of said Trusts herein created has previously been terminated by pay- ment of its principal to its beneficiaries, said ben- eficiaries who received payment of the principal of that Trust shall collectively be considered an "existent Trust" for the purpose of this paragraph, and one equal share shall be paid directly to such beneficiaries in the same proportion by which they received the principal of the Trust, or, if deceased, to their issue, per stirpes. ITEM V: My husband, CHARLES E. ROBERTSON, shall have the noncumulative right to withdraw FIVE THOUSAND ($5,000) DOT~LARS from the principal of the Trust established under ITEM IV of this Will each taxable year during which he is then entitled to receive income. If he is living on the last day of such year, he shall also have the right to withdraw an Page 3 y,,~ l r~ r JJ7 , i -_ ~ ~ / /~`/( (b) To vary investments, when deemed desirable by the Executor or Trustee, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other property. real or per- sonal, as they shall deem wise, without being re- stricted to so-called "legal investments", and without being limited by any statute or rule of law regarding investments by fiduciaries. (c) In order to effect a division of the prin- cipal of a Trust or for any other purpose, including any final distribution of a Trust, the Executor or Trustee is authorized to make said divisions or dis- tributions of the personalty and realty, partly or wholly in kind, and to allocate specific assets among beneficiaries and Trusts created hereunder so long as the total market value of any share is not affected by such allocations. Should it appear desirable to par- tition any real estate, the Executor or Trustee is authorized to make, join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, recognizances or other obli- gations, with as wide powers as an individual owner in fee simple. (d) To sell either at public or private sale and upon such terms and conditions as the Executor or Trustee may deem advantageous to the estate or Trust, any or all real or personal estate or interest therein owned by the estate or Trust severally or in conjunc- tion with other persons or acquired after my death by the Executor or Trustee, and to consummate said sale or sales by sufficient deeds or other instruments to Page 5 the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obliga- tion 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 powers conferred upon the Executor or Trustee in this paragraph or elsewhere in my Will. (e) To mortgage real estate, and to make leases of real estate. (f) To borrow money from any party, including the Executor or Trustee, to pay indebtedness of mine or of my estate, expenses of administration or inheri- tance, legacy, estate and other taxes, and to assign and pledge assets of my estate therefor. (g) To pay all costs, taxes, expenses and charges in connection with the administration of my estate or a Trust. (h) To vote any shares of stock which form a part of the estate or Trust, and to otherwise exercise all the powers incident to the ownership of such stock. (i) In the discretion of the Executor or Trus- tee, 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. Page 6 ~`' ~~ -- (j) To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under a third-party beneficiary contract. (k) To do all other acts in their judgment deemed necessary or desirable for the proper and advantageous management, investment and distribution of the estate or Trust. ITEM VIII: In the event that there should be established in the Last Will and Testament of CHARLES E. ROBERTSON Trusts similar to the Trusts herein established for the benefit of my children and their issue, the Trustee of each of said Trusts created in this Will shall have the right of merging it with the similar Trust for the same beneficiaries created in Will, and operating each of said merged Trusts as a single Trust. ITEM IX: Any person who shall have died at the same time as I shall have, or in a common disaster with me, or under such circumstances that the order of our deaths cannot be established by proof, or within thirty (30) days of my death, shall be deemed to have predeceased me. ITEM X: I hereby nominate, constitute and appoint my husband, CHARLES E. ROBERTSON to be the Executor. In the event of his death or his inability or refusal to serve as Executor or Trustee, I nominate, constitute and appoint my Page '7 ~-' ,~ ,-..~~~ daughters, MARY LYNN SACHS, NANCY LEE HORSTMAN and JOHNA FISHER ROBER'T'SON to serve in his stead as Executor or Trustee, or both. The Executor and Trustee are specifically relieved from the duty or obligation of filing any bond or other security. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding SEVEN (7) pages, at the end of each page of which I have also set my initials for greater security and better identification this ~ day of ~.~~~~ `_~v, 1987. f,."~) ~r' J ~--....,. k:. ~.;t_~.~ .~~_~. ~'' ~f~;.-~'7`~ ( SEAL ) THEODORA F. ROB,RTSON We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above- named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year first above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. ;?tee.-~ `~ h~n7 ( SEAL ) ~' ~ ~-~~ e~~~ ;C~ 'v, ( SEAL ) Residing at /'~ C'~uN,~~c~,c~e ~7r- ,~ , Residing a t ~_>._~?:1 „f~~~;:', ~_ ,r1.r.C:~ ~a~ Residing at `~; ~',`~" ~~~~~ _5 //~~~1'f~