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HomeMy WebLinkAbout09-25-12Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND 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: BEATRICE L. STACKPOLE a/k/a: BEATRICE LILLIAN STACKPOLE a/k/a: a/k/a: Date of Death: September 12, 2012 File No: ~ ~ ~ Z" (Assigned y Register) Social Security No: 194-28-8993 Age at death: 76 Decedent was domiciled at death in Cumberland County, pe~lvvania (Stare) with his/her last principal residence at 64 Santa Monica Avenue, Carlisle, PA 17015 Silver Sprinc Township Cumberland Street address, Post Office and Zip Code City, Township or Borou gh County Decedent died at Holy Spirit Hospital Camp Hill Cumberland PA Street address, Post Office and Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania ............................ All personal property $ 25,000.00 If not domiciled in Pennsylvania . ....................... Personal property in Pennsylvania $ If not domiciled in Pennsylvania ........................ Personal property in County $ iialue of real estate in Pennsylvania ...................... ................................... $ TOTAL ESTIMATED VALUE.... $ 25.000.00 Real estate in Pennsylvania situated at: None (Attach additional sheets, if 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 November 23, 2010, and Codicil(s) thereto dated N/A. State relevant circumstances (e.g. renunciation, death 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, durance minoritate If Administration, c.t.a. ord.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): Name Relationshi Address C ~`' W-v , ~ ~~ _ ;. ` _ } - -_ ~~ ~.: (ft ._ : CI _ - c __ 2~ C7 <-- .' ~ ~-- ._... C7 ~7 ~~ ~_- ,:::. • K._,J ::~ `; ~.-fi_:t . C,..f ~.n cx~ Form RW-02 rev. ~oil~izn» Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } } SS: } Petitioner(s) Printed Name Petitioner(s) Printed Address -p"~~ `n Cathleen E. Kiner 433 Hilton Head Avenue Carlisle PA 17015 ~' 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 a subscribed b~~or~e~ t~.~~x~ ~ 1,`~~r~~~ Date CIS ~5 -/~L. met is t~da o L'~'LL~-- ~ Date BY~ ~ Date r e Register Date BOND Required: ®YES ~ NO FEES: Letters ...................... $ 60.00 ( 10) Short Certificate(s)...... 40.00 ( )Renunciation(s)........ . ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ........................ Commission ................. . Other Will ........ 15.00 Automation Fee ............... 5.00 JCS Fee . .................... 23.50 TOTAL ..................... $ 143.50 To the Register of Wills: Please enter my appearance by my signature below: Attorney Signature: ~~f~ i Printed Name: Marlin R. McCaleb Supreme Court ID Number: 06353 Firm Name: Law Offices-Marlin R. McCaleb Address: _219 East Main Street P_ n. Rox 230 Mechanicsburg, PA 17055-0230 Phone: 717-691-7770 Fax: 717-691-7772 Email: marlinmccalPhnmsn cnm DECREE OF THE REGISTER Estate of BEATRICE L. STACKPOLE File No: ~~ ~ / ~ -/~ ~~ a/k/a: BEATRICE LILLhAN STACKPOLE AND NOW, y~C satisfactory proof havi ~~' ~~ ~~ , in consideration of the foregoing Petition, presented before me, IT IS DECREED that Letters Testamentary _ are hereby granted to CATHLEEN E. KINER the instrument(s) dated November 23, 2010 described in the Petition be admitted to probate and filed of re :~.w O ~ se Only t/7 rn ~_ U C ~t 7 _ ~ ~' - -~ --T7 ~.__. _. ` ~~ _- :.i _; C ~ - -- in the above estate acid (if applicable) that as the last Will (and Codicil(s)) of Decedent. Register of Wills `~ Farm R w oa rev. ~oii ~izo» `- " Page 2 0 ai i~ ~O~S e hjy~~~w (-+ i ~./ ~ tl..4d(.J { t..., ~ ~ "~', . e 1.:..~..tJ . l- lit) I#?i` li°Yi„1_,1(',. ''. ,(~rf~ ,~ , ~~~~~. /Print In nanent Ick Ink a t 0 a z 0 w 2 a E 3 0 F V S a m' v E u° 0 - ; ...E - r(.(i ~ '1.1'.!Ii:_(t~` lli~ 4~<<Ith - a_ ;c < ~_'t;il.,, ~l~;-jl~ rlriE'1L',11 Of tl ,., ~r~ ..'_ , L` - ;4l 11 E'.. ~r l('. i.~ ~~II,.tI CUMB~R~AND C~., PA ,,r z , - F .ti ,~ _ _ _ _ ~ _ _ _ _ __~ _s_ _ _~ ~ ----- - f I ` c Fclit' f "`,til`ll COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH .._._..,_.. _~__ 1. Decedent's Legal Name; First, Middle, Last, Suffix) 2. Sex 3. Social Security Number 4. Date of Death (MO/Day/Vr) (Spell Mo) ea u ~ Si- ~~ 94 - - ~~ S i~vKbev la ~aa Sa. Age-Last Birthday (Vrs) Sb. Under L Year Sc. Under 1 Da 6. Oate of Birth (Mo/D ay/Year) (Spel l Month) 7a. Birthplace (City and S tate or orelgn Country) Months Days Hours Minutes 1 ~ ~^.-> r " ~~ 3~. J ~ J lP 7b. Birthplace (County) 8a. Residence (State or Foreign Country) 8b. R esidence (Street and N umber - Include pt No.) A Bc. Did Decedent Live in a Township? e ( ~ M ~~ ~ ~ Yes, decedent lived in t~l l V rLt/ ~y~-y 1n.ep twp. 8d. Residence (County) C N 1 r •rY11 CA /-1V t? , 1 _ Be, Residence (tip Code) ^ No, decedent lived within limits of city/born. 9. Ever in US Armed Forcest 10. Marital Status at Time of Death ^ Married ®Widowed 11. Survlving Spouse's Name (If wife, give name prior to first marrlagel ^ Ves ~No ^ Unknown ^ Divorced ^ Never Married ^ Unknown 12. Father's Name (First, Middle, Last, Suffix) 13. Mother's Name Prior [o First Marriage (First, Middle, Last) G ~ ~ YYI~.r 14a. Informant's a 14b. Relationship to Decedent 14c. Informant's Ma Ing Address (Street and Number, Clty, State, Zip Code) •v~rr da 433 i I 1~oJ5 ............................. ............ ......................................... 5a. Place of Death C ec on y one .................... .... .... .. I(Death Occurred in a Hospital: ~ Inpatient , . . .... ....................................................ttWW ...................................... ................................... ~I(Death Occurred Somewhere Other Than a Hospital: u Hospice Facility ~ Decedent's Home ^ Emergency Room/Outpatient ^ Oead on Arrival ^ Nursing Home/Long-Term Care Facility ^ Other (Specify) ~ 15b. Facility Name (If not institution, give street and numher', 15c. City or Town, State, and Zip Code 15d. County of Death V ~ 16a. Method d ispo tion ~ Bu I ^ Cremation 16b. Date of Dis ositlon 16c. Place of Disposition (Name of cemetery, crematory, or other plate) ^ Removal from State ^ Donation /j c ~t 'X U~~ -I~~O ~l^ t, ~ ,.1 1 ~ _ Y 7 [~ C1Y ~WS'1 ~ y~ ~~YTC Other (Specify) ~ _ I ~ /vcU tU 1.k I 16d. Location of Disposition (City or Town, State, and Zip) 17a. Signature of Funeral Service Licen se~ or Person Charge of Interment 17b. license Number ' 17c. Name and Complete Address of Funeral Facility +-~< on.rt cwsl 5 E ''.I/Lr~CVtt - 17 , 18. ceden['s Educatio heck the box that best describes the 19. Decedent of s anic Origin -Check [he 20. Decedent's Race -Check OR MORE races to indicate what highest degree or level of school completed at the time of death. box that hest describes whether the decedent the decedent considered himself or herself to he. ^ 8th grade or less is Spanish/Hispanic/Latino. Check the "No" ~ White ^ Korean ^ No diploma, 9th - 12th grade box if decedent is not Spanish/Hispanic/Latino. ^ Black or Afncan American ^ Vietnamese ^ High school graduate or GED completed ®No, not Spanish/Hispanic/Latino ^ American Indian or Alaska Native ^ Other Asian ~~ Some college credit, but no degree ^Ves, Mexican, Mexican American, Chicano ^ Asian Indian ^ Native Hawaiian ^ Associate degree (e.g. AA, AS) ^ Yes, Puerto Rican ^ Chinese ^ Guamanian or Chamorro ^ Bachelor's degree (e.g. BA, AB, 85; ^Ves, Cuban ^ Filipino ^ Samoan ^ Master's degree (e.g. MA, MS, MEng, MEd, MSW, MBA) ^ Yes, other Spanish/Hispanic/Latino ^lapanese ^ Other Pacific Islander ^ Doctorate (e.g. PhD, EdD) or Professional degree (Specify) ^ Other (Specify) e. . MD, DDS, DVM, LLB, JO 21. Decedent's Single Race Self-Designation -Check ONLY ONE to indicate what the decedent considered himself or herself [o be. 22a. Decedent's Usual Occupation -Indicate type of work ® White ^lapanese ^ Samoan done during most of working li fe . DO NOT USE RETIRED. ^ Black or African American ^ Korean ^ Other Pacific Islander tt ~~ Y'I T ~'y u ~ ^ American Indian or Alaska Native ^ Vietnamese ^ Don't Know/Not Sure ,N(. ,U_Y ~.U ^ Asian Indian ^ Other Asian ^ Refused 22b. Kind of Business/Industry ^ Chinese ^ Native Hawaiian ^ Other (Specify) T l' ~ ' r ^ Fillplno ^ Guamanian or Chamorro ki ~ .J-.~ 4L ~J ~L-i ITEMS 23a - 23d MUST BE COMPLETED 23a. Date Pronounced Dead (Mo/Day/Yr) 23b. Sign ture of Person Pronouncing Death (Only when applicable] 23c. License Number CERTIF ES DEATH PRONOUNCES OR jE%~MBCR- ~ ~ 7 ZU ~ ~ ~n-~l' 1 ~ ~ ~N (,13~s I ~ 23d. Date Signed (MO/Day/Yr) 24. Time of Death t~ ( 'v SEP(EfV1g 12 2~ I ]~ 'I - `2 ~r~ 25. W Medical Examiner or Coroner Contacted? ^ Yes No CAUSE OF DEATH Approximate 26. Part I. Enter the chain of events--diseases, injuries, or complications--that directly caused the death. DO NOT enter terminal events such as cardiac arrest Interval: respiratory arrest, or ventricular fibrillation t sh owl g the etiology. DO N g R EVIATE. Enter only one cause on a line. Add additional lines ii necessary Onset to Death ou Q B L~p / ( / ~ ~ + / , + \ ~ ~ _ IMMEDIATE CAUSE ---------------> a. ~~CJ( ) /~?CI~~•L I r ~ (Final disease or condition ~ Due to (or as a consequence~o()~ resulting in death) b . Sequentially list conditions, Due to (or as a consequence of): if any, leading to the cause listed on line a. Enter the c. UNDERLYING CAUSE Due to (or as a consequence o(): (disease or injury that initiated the events resulting d. in death) LAST. Due to (or as a consequence off. 26. Part 11. Enter other significant condl[ions contribu[Ing [o death but not resulting in the underlying cause given in Part I 27. Was an autopsy pe rf o rmed? y y ~ ^ yes £Tyq 28. Were autopsy findings available to complete the cause of death? ^ Yes ^ No 29 If Fe male. 30. Did Tobacco Use Contribute to Death? 31 Man er of Death ~ ~ ~ryOt pregnant within pas[ year Ves ^ Probably atural ^ Homicide ^ Pregnant at time of death ~o ^ Unknown ^ Accident ^ Pending Investigation ^ Not pregnant, but pregnant within 42 days of death ^ Suicide ^ Could not be determined ^ Not pregnant, but pregnant 43 days [0 1 year before death 32. Date of Injury (MO/Day/Yr) (Spell Month) ^ 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 Injuy (Street and Number, City, State, Zlp Code) 36. Injury at Work 37. It Transportation Injury, Specify: 38. Descrihe How Injury Occurred: ^ Ves ^ Driver/Operator ^ Pedestrian ^ No ^ Passenger ^ Other (Specify) 39a. Ce 'er (Check only one): ertifying physician - To the best of my knowledge, death occurred due to the cause(s) and manner stated ^ Pronouncing & Certifying physicia - the best of my knowledge, death occurred at the time, date, and place, and due to the cause(s) and manner stated ^ Medical Examiner/Coroner n sis of examination, and/or Investigation, In my opinion, d h occurred at the time, date, and place, and due to [he cauje and manner stated2 (s"i ^ ) U Signature of certifier Title of certifier: License Number~~«, 7 ~J~ ~> 39 am ddress and p ode of P son Comp etl g ause of th lltem 2) ~ ~ 39c at igned o/Day/Vr) c /r/ ~~ ~ ~s I ~/ ~ - /Z .Registrar's DI rIR Number 1. e s rar's ignature 42. Registrar File Date (Mo/Day/Vr) 43. Amendments H 105-143 REV 07/2011 !^+..1 ~ t^.? ~ ~ ~" ~1 ~~. 'U .._ Z E'er ~ !,a ~..,,+ ' ~~ :.. ~'3 : r CTl ' ~~ OATH OF SUBSCRIBING WITNESS(ES) ~~` a ~~~= . _ ~ o ~ , ~ ~' ~ ~~~ REGISTER OF WILLS ~'' CUMBERLAND COUNTY, PENNSYLVANIA Estate of BEATRICE L. STACKPOLE, a/k/a BEATRICE LILLIAN STACKPOLE ,Deceased MARLIN R. McCALEB . (eael~) a subscribing witness to (Print Name/s) the ~ Will ~ Codicil(s) presented herewith, (e~a~l~) being duly qualified according to law, depose(s) and say(s) that she / he / t~~rey- was /were present and saw the above 'testator /Testatrix sign the same and that sb~ / l~~ / ~l~- the ~~st~tar/ Testatrix signed the same and that -sire-/ he /they- signed as a witness at the request of in (Signature) her /his- presence a~i~ the-}~res~r~ee-of-e~aeh-tither. c~ (Signatu (Street Address) (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before e this ~t/~ day ty for Register of Wills Executed out of Register's Office Sworn to or affirmed and subscribed before me this day of , 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.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. 219 East Main Street (Street Address) Mechanicsburg, PA 17055 (City, State, Zip) Form RW-03 rev. 10.13.06 ~~ ~7 'b ~- _, OATH OF SUBSCRIBING WITNESS(ES) ~~f=~ ©~_. REGISTER OF WILLS - .~_, v CUMBERLAND COUNTY, PENNSYLVANIA ~ j. ~ z _ ~~,~~_ Estate of BEATRICE L. STACKPOLE, a/k/a BEATRICE LILLIAN STACKPOLE EMILY A. FOSTER ~.~ r-.'~ ~l :~7 =-t z. t r _-; t._. --, TT..~ :~~= _ -- r ~~ Deceased (~asl3) a subscribing witness to (Print Name/s) the ~ Will ~ Codicil(s) presented herewith, (~a~ being duly qualified according to law, depose(s) and say(s) that she / 1~~ / ~~ was / ire present and saw the above -~'estator /Testatrix sign the same and that she / he ~ tl~~~ signed the same and that she / he /they- signed as a witness at the request of the Testator /Testatrix in her / l~i~- presence a>ac~ }l~ ~l~pr~senee• e1= eael} ether. (Signature) (Street Address) (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of , Deputy for Register of Wills Executed out of Register's Office Sworn to or affirmed and subscribed before me this .~~ ~~ day ~ ~ ! ~~ 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.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrumer) s), tion. _..._._~______... - ~tt~rl~l s~~l Form RW-03 rev. J0.13.06 '. -,,>,tj,~ ~ t• , :~4-f„~!~t'~, ~i!~tzlry I~uC~1t% ,, '.:iIM i `TJ'J+ c hi©i %UT~11~~f'.1~8{l~l ~'%'U'1~/ y ~ ,~'r: ~`µr ,rt tx^I~eS :'",c. 1~1, ?'Ji} ~ n., ,-~ _-.r . ~--: .~ ~~ ~.:r~•~- iii---~.., ~~-~,~ r (Signature) 1.53 Melbourne Lane (Street Address) Mechanicsburg, PA 17055 (City, State, Zip) Q7 ~-'i ~ C-i..f r-.~ 4 ., ~~' ~ ~ , :: Gr ~ _ s C3C~~~ _ - _ .. LAST WILL AND TESTAMENT ~ . ~ ~ - ~~ ~ ~ _ ~~^ , \ ~ ~-~-~ ~ a, - ; '1'~ i ~~~ I, BEATRICE L. STACKPOLE, of the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void all former wills and codicils by me at any time heretofore made. FIRST. I order and direct that all my just debts and funeral expenses be paid by my Executrix, hereinafter named, as soon as conveniently may be done after my decease. SECOND. I give, devise and bequeath all the rest, residue and remainder of my Estate, real, personal and mixed, whatsoever and wheresoever situate, unto my daughter, CATHLEEN E. KINER, absolutely and in fee simple, if she survives me. THIRD. If, however, my daughter, CATHLEEN E. KINER, shall not survive me, then and in that event I give, devise and bequeath all the rest, residue and remainder of my Estate, real, personal and mixed, whatsoever and wheresoever situate, as follows: A. I give, devise and bequeath an amount equal to twenty-five (25%) per centum of said residue unto my grandson, SEAN M. KINER, ~_nw cat t icE_s MAR~,N R. M~cA~EB absolutely and in fee simple, if he survives me. Provided, however, that if he shall not survive me, then I order and direct that the share provided i herein for him shall be paid over and distributed in accordance with the provisions of Paragraph C., below. B. I give, devise and bequeath an amount equal to twenty-five (25%) per centum of said residue unto my grandson, JOSHUA C. KINER, absolutely and in fee simple, if he survives me. Provided, however, that if he shall not survive me, then I order and direct that the share provided herein for him shall be paid over and distributed in accordance with the provisions of Paragraph C., below. C. I give, devise and bequeath the remainder of said residue unto (r ~. ~ LAW <~F~I(:ES MARLIN R. McCALEB my Trustee, hereinafter named, to hold, manage, invest and reinvest the principal and income therefrom and to use and apply as much of the net income and principal of this Trust as may be necessary, in the sole and absolute discretion of my Trustee, for the comfortable support, maintenance, care and education, including college or other post-high school education or training, of my great-grandchildren, ABBY E. KINER and CLAYTON R. KINER. Because the needs of my said great-grandchildren may differ from time to time, the discretionary payments to them as above provided need not be equal and my Trustee may, in her sole and absolute discretion, reduce or terminate such discretionary payments to any great-grandchild when, and for as long as, such great-grandchild has by his or her personal -2- ,~ ~t. conduct become independent, completed formal education or otherwise demonstrated his or her lack of dependency upon the funds under the management and control of my Trustee, in order to make available the balance of said Trust for use in the purposes set forth above for my other great-grandchild. When my youngest great-grandchild attains the age of twenty-five (25) years, this Trust shall terminate and the remaining balance of principal and income, if any, thereof shall be paid over and distributed in equal shares unto my said great-grandchildren, share and share alike, absolutely and in fee simple. Provided, however, that if either of my said great-grandchildren shall not be living at the time of such distribution, then the share provided herein for him or her shall be paid over and distributed unto his or her then-living issue per stirpes, said issue to take the ancestor's share by representation and not per capita; and in default of said issue, the same shall be paid over and distributed to my other said great-grandchild, or to his or her then living issue, as the case may be. FOURTH. I nominate, constitute and appoint my friend, LINDA J. REISINGER, Trustee of the Trust created under Item THIRD, above, but if for any reason she shall fail to qualify as such Trustee or cease so to serve, then I nominate, constitute and appoint her daughter, MICHELE L. JOHNSON, to serve in her place and stead, each to serve without bond in this or any other jurisdiction. FIFTH. In addition to any other powers conferred by law, my Trustee is LAW (~FFI(:ES II MARLIN R. McCALEB _ 3 _ hereby expressly authorized and empowered at all times, in her sole and absolute discretion: A. To purchase, invest in or otherwise acquire and to retain, whether ,.., ,C~ ., .~ -.~ r .....•:r--.. originally a part of the trust estate or subsequently acquired, any and all stocks, including stock of any bank, bonds, notes or other securities, or any variety of real or personal property, including stocks or interest in investment trusts, common trust funds or proprietary mutual funds maintained by any bank, or interest-bearing accounts in or certificates issued by any bank, as she may deem advisable without being limited by any statute or rule of law prescribing or relating to legal investments by Trustees; and to hold or retain cash or readily marketable securities of little or no yield for such period as she may deem advisable. Investments need not be diversified and may be made or retained with a view to a possible increase in value. B. To sell at public or private sale, pledge, mortgage, lease, transfer, exchange, convert or otherwise dispose of, or grant options with respect to, any and all property at any time forming a part of the trust estate, in such manner, at such time or times, for such purposes, for such prices and upon such terms, credits and conditions as she may deem advisable, including the right to lease such property for periods of time which may extend beyond the termination of this Trust. C. To borrow money for any purpose connected with the ~,,,~ ~~~~~~ « II MARLIN R. McCALEB _4_ administration, protection, preservation or improvement of the trust estate whenever in her judgment advisable, to execute promissory notes or other obligations for amounts so borrowed, as security for the amounts so borrowed, to mortgage or pledge any real or personal property forming a part of the trust estate upon such terms and conditions as she may deem P~yy I advisable. D. To vote in person or by general or limited proxy with respect to ,`~ ., ~~ r ~-~ any shares of stock or other securities held by her; to consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution or liquidation of any corporation in which the Trust may have any interest, or to the sale, lease, pledge or mortgage of any property by or to any such corporation; and to make any payments and to take any steps which she may deem necessary or proper to enable her to obtain the benefit of any such transaction. E. To hold investments in the name of a nominee. F. To pay, compromise, compound, adjust, submit to arbitration, sell or release any claims or demands of the Trust against others or of others against the Trust on such terms as she may deem advisable, including the acceptance of deeds of real property in satisfaction of bonds and mortgages, and to make payments in connection therewith which she may deem advisable. LAW OFFICES ~~ MARLIN R. McCALEB _r, _ G. To decide all questions as to what constitutes income or principal ~I to apportion, allocate, charge or credit as between income or principal all receipts, discounts, premiums and expenditures. H. To make distribution of the principal of this trust estate in kind, 4~ ~, ~` including undivided fractional shares or interests in any property constituting a portion of said principal, or partly in kind and partly in cash, and to determine the value of any property so distributed. I. To execute and deliver any and all instruments in writing which she may deem advisable to carry out any of the foregoing powers. No party to any such instrument in writing signed by the Trustee shall be obliged to inquire into its validity, or be bound to see to the application by the Trustee of any money or other property paid or delivered to her by such party pursuant to the terms of any such instrument. J. To purchase assets from my estate at fair market value; to lend money to my estate with or without security; and to advance money to my estate, without reimbursement, for the payment of costs of administration and taxes incurred or accruing by reason of my death, except that any property or proceeds received by the Trustee that is exempt from federal or state inheritance taxes shall not be used or applied for the payment of such costs of administration or taxes. K. To repair, alter or improve any property of the trust estate. ~,~~ <~~F~~ E5 ~~ MARLIN R. McCALEB _ 6 _ L. To add to the principal of any trust created hereunder any property received from any person by deed, will or in any other manner. M. To pay premiums of any life insurance, annuity or endowment -1 ~~ a t ,--~~ policies which may have been retained or purchased herein and to exercise any right, option or privilege existing thereunder. N. In dividing the trust estate into shares or trusts, to allot undivided interests in any property to the several shares or trusts, and also to make investments in common for any or all such shares or trusts. O. In the exercise of her discretion with respect to the use of principal or income for any beneficiary, to take into account other property and income available to such beneficiary; in so doing, my Trustee may conclusively rely on written representations made to her by the beneficiary, and the judgment of my Trustee as to the amount of principal or income so used and the extent to which other resources are considered shall be conclusive as to all parties in interest. P. To employ accountants, agents, attorneys, investment counsel or LAW OFFICES MARLIN R. McCALEB brokers, to perform services for and at the expense of any Trust or Trusts hereunder for which such services are performed and to carry or register investments in the name of the nominee of such agent or broker. The expenses and charges for such services shall be charged against principal or income or partly against each as my Trustee may determine. My Trustee -~]- is expressly relieved of any liability or responsibility whatsoever for any act or failure to act by, or for following the advice of, such accountants, agents, attorneys, investment counsel or brokers so long as my Trustee exercises due care in her selection. The fact that a Trustee may be a member, a u shareholder or employee of any accounting, investment, law or brokerage firm so employed shall not be deemed a conflict of interest. Any compensation paid pursuant to this subparagraph shall not affect in any manner the amount of or the right of my Trustee to receive commissions as a fiduciary. Q. To exercise all powers, authority or discretion given by this Trust Agreement after the termination of any trust created herein until the same is fully distributed. LASTLY. I nominate, constitute and appoint my daughter, CATHLEEN E. KINER, Executrix of this, my Last Will and Testament, but if for any reason she shall fail to quality as such Executrix or cease so to serve, then I nominate, constitute and appoint my friend, LINDA J. REISINGER, to serve in her place and stead, each to serve without bond in this or any other jurisdiction. IN WITNESS WHEREOF, I, BEATRICE L. STACKPOLE, have hereunto set my hand and seal to this, my Last Will and Testament which consists of nine (9) typewritten pages to each of which I have affixed my signature this ~ ~ day i,~w ~~FF~< ES II MARLIN R. McCALEB _ 8 _ of ~"~~%~''~~ , A.D., Two Thousand Ten (2010). ~~ `" ~.~ (SEAL) The preceding instrument, consisting of this and eight (8) other typewritten page, each identified by the signature of the Testatrix, was on the date thereof signed, sealed, published and declared by BEATRICE L. STACKPOLE, the Testatrix therein named, as and for her Last Will and Testament, in the presence of us, who, at this request, in her presence, and in the presence of each other, have subscribed our names as witness hereto. _ :h~' -~` Ff. t 1 ' LAW OFFICES ~~ MARLIN R. McCALEB _ 9 _