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HomeMy WebLinkAbout10-17-12PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERI-AND 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: Stacie L. Hillison a/k/a: a/k/a: a/k/a: Date of Death: 8/11/12 File No: 21 '' f ~~ ~ ~~~_~ (Assigned by Register) Social Security No: Age at death: 50 Decedent was domiciled at death in Cumberland County, Pennsylvania (State) with his/her last principal residence at 1114 Fleetwood Drive 17013 Carlisle Borough Cumberland Street address, Post Office and Zip Code City, Township or Borough County Decedent died at 1114 Fleetwood Drive 17013 Carlisle Borough 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 $ 1,000.00 If not domiciled in Pennsylvania .............................Personal property in Pennsylvania $ If not domiciled in Pennsylvania .............................Personal property in County $ Value of real estate in Pennsylvania .............................................................. $ TOTAL ESTIMATED VALUE.... $ 1,000.00 Real estate in Pennsylvania situated at: (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 3/8/11 and Codicil(s) thereto dated None 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, 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):~'~ __ Name Relationship Address ~ -~ ~'~ ter' ,7L ,~~ ..a ., ~ i _ - - ~.i ~ r i l .~ /"~' T.... ~T .~ --s c Form RW-02 rev. 10/11/2011 Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } Cr"~,,, -„ s.~'~ `-~ T' ~~ r ~ =° ' r -^ COUNTY OF CUMBERLAND } ~- Petitioner(s) Printed Name Petitioner(s) Printed Address ~ ~-~ , 1114 Fleetwood Drive ~ ~~ ~ .~i _ - ~=' Joel R. Hillison Carlisle a `~- -: PA 13 ~--- s ~ ~ ~' 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) oft ce ent, petitioner(s) wi1Lw 1 d truly administer the estate according to law. Sworn to or a f rmed and su scribed before -i~~ Date /b (~C ~ l ~ me this ~ day o • ~-~`- ~ • Date By. ~ ~~~ ..l ,ti-~"... Date F the Register Date BOND Required: ^ YES ®NO FEES: Lett r ....................... $ ( )Short Certificates(s) ..... . ( )Renunciation(s) ......... . ( )Codicil(s) ............. . ( )Affidavit(s) ............ . Bond ......................... Commission ................... . Ot er ......... Automation Fee ................ . JCS Fee ....................... TOTAL ......................$ ~~ . ~ ~~ (.7~ /~j~y ~Jt~ i ~,. To the Register of Wills: Please enter my appearance by my signature below: Attorney Signature: .~ ', / ~ / i Printed Name: George B. Faller, Jr. Supreme Court ID Number: 49813 Firm Name: Martson Law Offices Address: 10 East High Street Carlisle PA 17013 Phone: (717) 243-3341 Fax: (717) 243-1850 Email: fg allei~martsonlaw.com DECREE OF THE REGISTER Estate of Stacie Lynn Hillison a/k/a: AND NOW, ~~~G~~.%t- ~~-~~~~ f ! ~~~~, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Joel R. Hillison in the above estate and (if applicable) that the instrument(s) dated March 8 2011 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. Form R W-02 rev. 10/11/2011 File No: 21 ~~~ ~~~~~ Z~ . ~~, ~ 1 ~d~- {{"-i _ "~ OATH OF SUBSCRIBING `VITNESS(BS) ~'o ~.~ -_ ~h_~ ~ ..` ~~ ~ t 1 ~ f REGISTER. OF WILLS ~~ ' ~ ~ `~ ~...~ ' r ~a.tiV~.` ti I ~~ COUNTY, PENNSYLVANIA U `:-, ~., .. --v •:: _~ , ~_~ ~ C 1 r ~- i _~ ~._~ ~ ~~ C.J --r~ G"1 ~ L I Estate of _ ~~.~.~.%~ ~ ~~- ~ t ~ i l' 1 ~~.% '~~ ,Deceased I~cY x (each) a subscribing witness to (Print Name/s~ the f~ Will ^ Codicil(s) presented herewith, (each) being duly qualified according to law, depose( and say(s) that she / l~e / they was / wee present and saw the above Tutor /Testatrix sign the same and that she / h!e / they signed the same and that she / l~ / they signed as a witness at the request of the Te~ator /Testatrix in her / h~s (Signature) presence and in the presence of each other. _ , , . ~~ _ C~ ~ (Slg/latl[re) (Street Address) (City, State, Zip) Execacted in Register's Office Sworn to or affirmed and subscribed before me this of day (Street Address) C (City, State, Zip) Execicted oict of Register's Office Sworn to or affirmeid and subscribed before rile this ~, `.~~~ day ,~---, Deputy for Register of Wills tary Public ,J , ~~~ _T .____ _.~ :.~ ~ _. ~._.a:'___ My Commission Expire . ~ ' ~ ~ ~ ~i ~~` ~ • '~; , d (signature and Seal of Notary or other of cial qualified~to ~6 • . •• ~ administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer autEorized td administer oaths. Pease have present the original or copy of instrument(s) at time of notarization. Form RW-03 rev. 10.13.06 ~f ~ I ~- II t.~. OATH OF SUBSCRIBI~,TG `~'ITI~TESS(BS) n ~-~° REGISTER. OF WILLS ~ ~~ `~ `' ' ~= '~ ~ -; ~ ~ ~t'V~~~' ~Gr~1~ COUNTY, PENNSYLVANIA ~ ~~ ~ . --~ c,~ ~ t~ O r= ~' ; -e ~ ,_~ r} .. r-- Estatc of .~tC~~C ~- ~- ~ ~.~~~~Y-1 4'~cccascc~ 1 Y~~~ ~~~P ~ G.. ~ . ~~ r C~~ _ (each) a subscribing witness to (Print Narne/s) ~i. the ~ Will ^ Codicil(s) presented herewith, (each) being duly qualified according to law, depose(, and say(} that she / hfe / they was / w~re present and saw the above Tes~tor /Testatrix sign the same and that she / lie / tl,~y signed the same and that she / l~k / tl~y signed as a witness at the request of the Tes~ator /Testatrix in her / hg's presence and in the presence of each other. (Signature) (Street Address) (City, State, Zip) Execccted in Register's Office Sworn to or affirmed and subscribed before me this of ~ ~~ C ~,~ . (Signature) c ~'l ~~ (Street Address) s~-~..-~-~~---~ ~ ~~ I ~7 ~- -~ }~] (City, State, Zip) Execccted otct of Register's Office Sworn to or affirmed and subscribed day before me this ~1~~~~ day Deputy for Register of Wills - .6 . f ~ ~ (Signature and Seal of Notary or o h o q i ~ ,, 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. ~--. No ary Public M Commission Exp' es:~'~ 1 ~~ ~1~! t er fficial ualified to Form RW-03 rev. 10.13.06 Lid ;i _ t~ ~,~. ~ ~ .__ ~ :.. )~~~, _i ~ >r ~ ~_~.11 ~~~~~ ,~«2- ~~~~~ cti~til~~~~~tc'. ~t).sltt ~~~}~~ OCT 17 F 2~ 34 ~z ~, = C,~I~B~P~A~~Q CC„ PA __ Type/Print In COMMONWEALTH OF PENNSYLVANIA ~ DEPARTMENT OF HEALTH ~ VITAL RECORDS Permanent Black ink CERTIFICATE OF DEATH W a 1 :/~, J ~~~ S d .~ 6 -~" \~ 0 O O_ 2 1. Decedent's legal Name (First, Middle, Last, Suffix) 2. Sex 3. Social Security Number) 1e 1Y 4'•Date of Death (Mo/Day/Yr) (Spell Mo) Stacie Lynn Hillison emale ust 11, 2012 Sa. Age-Last Birthday (Vrs) Sb. Under 1 Year Sc. Under 1 Da 6. Date of Birth (MO/Day/Vear) (Spell Month) 7a. Birthplace (City and State or Foreign Country) ~1 y rjQ Months Days Hours Minutes July G~ , 1C.j' ~2 7b. Birthplace County) 8a. Residence (State or Foreign Country) Sb. Residence Street and Number -Include Apt No.) ~ 8c. Did Decedent Live in a Township? PA 1114 F @etWOOd Dr . p Ves decedent lived in Sd. Residence (County) , twp. Cumberland se. Residence (Zip Code) 17013 y 4a1NO, decedent lived within limits of Carlisle city/boro. 9. Ever in US Armed Forces? 10. Marital Status at Time of Death Married ~ Widowed 11. Surviving Spouse's Name (If wife, give name prior to first marriage) ~ Ves ~ No Q Unknown Q Divorced ~ Never Married ~ Unknown Joel R _ Hi11 icon 12. Father's Name (First, Middle, Last, Suffix) Dwi ht E Pit 13. Mother's Name Prior to First Marriage (First, Middle, Last) g _ man Mary Lou Bishop 14a. Informant's Name 146. Relationship to Decedent J l Hilli 14c. Informant's Mailing Address (Street and Number, City, State, Zip Code) 0 oe son husband 1114 Fleetwood Dr_, Carlisle, PA 17013 ~i ................................................................................... .................... :.......~. 15a : P ace o Deat C ec only one tic o If Death Occurred in a Hospital: Inpatient ~ :If Death Occurred Somewhere Other Than a Hospital: ~ Hospice Facility ~ Decedent's Home Q Emergency Room/Outpatient ~ Dead on Arrival _ Nursin Home Lon Q g / g-Term Care Facility Q Other (Specify) ag 15b. Facility Name (If not institution, give street and number; 15 c. City or Town, State, and Zip Code lSd. County of Death LL 1114 Fleetwood Dr_ Carlisle, PA 17013 Cumberland -- O° 16a. Method of Disposition ~ Burial ~ Cremation 16b. Date of Disposition 16c. Place of Disposition (Name of cemetery, crematory, or other place) p Removal from state p Donation Aug 14, 2012 Hoffman-Roth Funeral Home & Cremator ~ Other (Specify) y 16d. Location of Disposition (City or Town, State, and Zip) 17a. Signa of Funeral Servi Licensee e o Interment 17b. License Number a Carlisle, PA 17013 a 138504 ~ 17c. Name and Complete Address of Funeral Facility Q1 H f -R ° 18. Decedent's Education -Check the box that best describes the 19. Decedent of Hispanic Origin -Check the 20. Decedent's Race -Check ONE OR MORE races to indicate what r- highest degree or level of school completed at the time of death. box that best describes whether the decedent the decedent considered himself or herself to be. ~ 8th grade or less is Spanish/Hispanic/Latino. Check the "No" White ~ Korean Q No diploma, 9th - 12th grade box if decedent is not Spanish/Hispanic/Latino. ~ Black or African American 0 Vietnamese Q High school graduate or GED completed ~ Some colle e credit but no d No, not Spanish/Hispanic/Latino 0 American Indian or Alaska Native ~ O[her Asian g , egree 0 Associate degree (e.g. AA, AS) Yes, Mexican, Mexican American, Chicano ~ Yes, Puerto Rican ~ Asian Indian ~ Native Hawaiian ~ Chinese ~ Guamanian or Cha mono ~ Bachelor's degree (e.g. BA, AB, BS) ~ Ves, Cuban 0 Filipino 0 Samoan ~] Master's degree (e.g. MA, MS, MEng, MEd, MSW, MBA) Q Yes, other Spanish/Hispanic/Latino ~ Japanese ~ Other Paciflc Islander ~ Doctorate (e.g. PhD, Ed D) or Professional degree (Specify) 0 Other (Specify) e. MD, DDS, DVM, LLB, JD 21. Decedent's Single Race Self-Designation -Check ONLY ONE to indicate what the decedent considered himself or herself to be. 22a. Decedent's Usual Occupation -Indicate type of work [~ White ~ Japanese ~ Samoan done during most of working life. DO NOT USE RETIRED. ~ Black or African American 0 Korean ~ Other Pacific Islander HOmemalcer 0 American Indian or Alaska Native ~ Vieina mese ~ Don't Know/Not Sure 0 Asian Indian ~ Other Asian 0 Refused 22b. Kind of Business/industry Q Chinese ~ Native Hawaiian ~ Other (Specify) ~ Filipino Q Guamanian or Chamorro Own Home ITEMS 23a - 23d MUST BE COMPLETED 23a. Date Pronounced Dead (MO/Day/V r) 23b. ignatu re of Person Pronouncing Death (Only when applicable) 23c. License Number BY PERSON WHO PRONOUNCES OR CERTIFIES DEATH / 23 d. a e Si ed Mo Da g ( / y/Yr) 24_ Tjme of Bath - ~'.J( ~~ L 2 1 25. Wa Medical Examiner or Coroner Contacted? 0 Yes No CAUSE OF DEATH Approximate 26. Part 1. 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 w it h o ut sho w ing the etiolog y . DO NOT ABBREVIATE. Enter only one cause on a Tine. Add additional lines If necessary Onset to Death ~l+ yfi / / ~/ / ~ ~/ ~ ~ ~ IMMEDIATE CAUSE -----> a. / • ` N J' /p ~ / `~ I ~r /J n'tI Q\ (Final disease o condition Due to (or as a consequence of): 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 of): z (disease or injury that F initiated the events resulting d. z u in death) LAST. Due to (or as a consequence of): _ S a 26. PaK 11. Enter other si¢nificant conditions contributin¢ to death but not resulting in the underlying cause given in Part 1 27. Was an autopsy performed? ~ Yes No 28. Were autopsy fln ings available ~ . to complete the cause of death? a ~ Yes ~ No a 29. If Female: 30. Did Tobacco Use Contribute to Death? 31. Manner of Death E v ~ Not pregnant within past year ~ Pregnant at time of death ~ Yes ~ Probably N 14Z k Natural ~ Homicide m Not re Want, but ~ p g pregnant within 42 days of death o Un nown ~ ~^ Accident ~ Pending Investigation 0 Suicide 0 Could not be determined c f- ~ Not pregnant, but pregnant 43 days to 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 Injury (Street and Number, City, State, Zip Code) 36. Injury at Work 37. If Transportation Injury, Specify: 38. Describe How Injury Occurred: Q Yes ~ Driver/Operator 0 Pedestrian Q No ~ Passenger Q Other (Specify) 39a. Certifier (Check only one): Certifying physician - To the best of my knowledge, death occurred due to the cause(s) and manner stated Pronouncing 8c Certifying physician - To the best of my knowledge, death occurred at the time, date, and place, and due to the cause(s) and manner stated Q Medical Examiner/COrO r - On the bas is of examination , a nd/or inve ation, in my opinion, death occurred at the time, date, and place, and due to the ause(s) and manner stated y c / / / Signature of certifier: ~j yJi~y.~t L/~9/.,/~fitle of certifier: !N~-~f ~-~-z jZ y y~/~' License Number: /'/Q !11 L•~-~ 39b. Name, Address and Zip Code of Person Completing Cause of Death (Item 26) 39c. Date Signed (MO/Day/Vr) r ~i u~~ .f.~- v~,v 4 / 7c7 ~- Z 8 / ~ o/.,Z 40. Registrar's District Number 41. Registrar's Si attire @,?~ _ ^ 42. Registrar File D a te (Mo/DaY/Vr) ~~ ! ~~ ~ L ( 43. Amendments Disposition Permit No. © l ~~ L t2~ H105-143 REV 07/2011 C ~ r-1.~~Y ~a .~~ ~ ,~ - _ ~, , J ~' ~ LAST WILL AND TESTAMENT __ ~' ~~. i! -- -~ ~ ,_ - OF c -.: ~ -- •~- ~--. -~., -- '- t ; T i ' ~. i ~ ~ ~~ _-- `x-t ~ STACIE L. HILLISON ~ ' ~.~ ~ -~, I, Stacie L. Hillison, a resident of the State of Illinois, make, publish and declare this to be my Last Will and Testament, revoking all wills and codicils at any time heretofore made by me. I live with my husband who is in the military service of the United States, currently stationed at Carlisle Barracks. FIRST: I direct that the expenses of my last illness and funeral, the expenses of the administration of my estate, and all estate, inheritance and similar taxes payable with respect to property included in my estate, whether or not passing under this will, and any interest or penalties thereon, shall be paid out of my residuary estate, without apportionment and with no right of reimbursement from any recipient of any such property (including reimbursement under Section 2207B of the Internal Revenue Code). SECOND: It is my desire that, upon my death, my body be cremated and I be buried with my husband. I have not contracted for or paid for any funeral arrangements. THIRD: I give all tangible personal property owned by me at the time of my death, including without limitation personal effects, clothing, jewelry, furniture, furnishings, household goods, automobiles and other vehicles, and all rights that I have under any related insurance policies, to my husband Joel R. Hillison, if he survives me, or if he does not survive me, to those of my children (Nathan James Hillison, Dena Marie Hillison and Claire Rose Hillison and any other children which I hereafter may have) who survive me, in substantially equal shares, to be divided among them as they shall agree, or if they cannot agree, or if any of them shall be under the age of twenty-one (21) years, as my Executor shall determine. If any of said children shall be under the age of twenty-one (21) years at my death, my Executor may sell any property bequeathed to said child under this Article THIRD, as my Executor may deem appropriate, or my Executor may hold such property or any proceeds thereof, without bond, surety or other security, until said child attains said age or such earlier time as my Executor may deem proper to deliver any such property or proceeds to said child, or to said child's guardian or any person with whom said child resides for the use of said child, or, if there is a trust for the benefit of said child, to my Trustee to be administered as a part of said trust. All costs incurred by my Executor in connection with obtaining possession, appraising, safeguarding, delivering or selling such property shall be paid as expenses of administering my estate. FOURTH: I give all the rest, residue and remainder of my property and estate, both real and personal, of whatever kind and wherever located, that I own or to which I shall be in any manner entitled at the time of my death (collectively referred to as my "residuary estate"), as follows: ~ , ~Jyv r d`~~ ~' (a) If my husband Joel R. Hillison survives me, to my husband outright. (b) If my husband does not survive me, then to those of my children who survive me per stirpes, or if neither my husband nor any of my children shall survive me, then to my grandchildren and more remote issue who survive me per stirpes; PROVIDED, HOWEVER, that if any child of mine shall be under the age of twenty-five (25) years at my death, my residuary estate shall not vest in said beneficiaries but instead shall be given to my Trustee and held by my Trustee, IN TRUST, as a single trust for the benefit of my children, as hereinafter provided. My Trustee may pay all or any part of the net income and principal of this trust to, or for the benefit of, any one or more of my children, for their health, education, maintenance and support, as determined in the absolute discretion of my Trustee, without any requirement of equality. Whenever all of my children shall attain the age of twenty-five (25) years, or shall have died prior to said age, all remaining income and principal (without adjustment for amounts previously paid) shall be paid and distributed to my then living children, per stirpes, or if no child of mine is then living, to my then living issue, per stirpes. (c) If my husband does not survive me and there shall be no issue of mine then living, I give my residuary estate to those who would take from me as if I were then to die without a will, unmarried and the absolute owner of my residuary estate, and a resident of the State of Illinois. FIFTH: The following provisions concern retirement benefits that become distributable to my Executor or Trustee (whether directly or through my estate) by reason of my death. As used herein, "retirement benefits" means amounts held in or payable pursuant to a plan (of whatever type) qualified under Section 401 of the Internal Revenue Code, or an individual retirement arrangement under Section 408 or 408A of the Code, or a tax sheltered annuity under Section 403 of the Code, or any other .benefit plan subject to the minimum distribution rules of Section 401(a)(9) of the Code or the corresponding provisions of any subsequent federal tax law. (a) My Executor or Trustee may exercise any right to determine the manner and timing of payment of retirement benefits that is available to the recipient of the benefits. (b) Any required minimum distributions from my pension plan or retirement account shall be treated as income for trust accounting purposes. (c) My Executor or Trustee shall be authorized to identify and designate the person who, pursuant to the regulations under Section 401(a)(9), is the "designated beneficiary" whose life expectancy may be used to determine required minimum distributions to any trust. The Executor or Trustee may endeavor to minimize income taxes on retirement benefits for the maximum duration permitted by law. A trust with a designated beneficiary shall be '% z ~~,~~ ~y "conduit trust" pursuant to which all retirement benefits (whether minimum required distributions or otherwise) promptly shall be paid to or for the benefit of the trust beneficiaries as permitted by PLR 200227059 or applicable law. However, the Executor or Trustee shall have aone-time option to switch the trust to an "accumulation trust" after my death but before September 30 of the year following the year of my death as permitted by PLR 200537044 or applicable law. And after the death of the conduit beneficiary the Trustee may accumulate the retirement benefits. (d) No retirement benefits shall be used to pay taxes, debts and expenses of my estate if doing so would be deemed to materially reduce the payout period of any pension plan or retirement account. (e) If my husband shall survive me and retirement benefits are distributable to my Executor or Trustee either directly or through my estate (other than by reason of disclaimers by my husband), my Executor or Trustee (other than my husband) shall be authorized, but not directed, to distribute the right to all or part of such benefits outright to my husband, or to disclaim all or part of such benefits, and any benefits so disclaimed shall be payable to my husband outright, and my husband may exercise any right to determine the manner and timing of payment of such distributed or disclaimed benefits that is available to the recipient of the benefits. In exercising this discretionary power, my Executor or Trustee may, but need not, consider solely the needs and desires of my husband and not those of any other beneficiary. It is my hope that my Executor or Trustee will consider distributing or disclaiming if my husband wishes to "roll over" the benefits to an individual retirement arrangement and such distribution or disclaimer will help effectuate the rollover, but this precatory expression shall not limit the discretion of my Executor or Trustee and it is not meant to direct a distribution or disclaimer even if my husband wishes to "roll over" the benefits. (f) My Executor and Trustee shall comply with all requirements set forth in the Internal Revenue Code and regulations thereunder now or hereafter in effect applicable to the designation of a trust as the beneficiary of retirement benefits. SIXTH: The determination of my Trustee as to the amount or advisability of any discretionary payment shall be final and conclusive on all persons, whether or not then in being, having or claiming any interest in such trust. No disposition, charge or encumbrance on any income or principal of any trust hereunder or my estate by any beneficiary thereof shall be valid or binding upon my Executor or Trustee. No beneficiary shall have the right to assign, sell, pledge, encumber, anticipate, dispose of, or otherwise transfer in any manner (voluntary or involuntary) any such income or principal until the same shall be paid to such beneficiary by my Executor or Trustee. No such income or principal shall be subject in any manner to any claim of any voluntary or involuntary ;~' creditor of any beneficiary or liable to attachment, garnishment, execution or other legal or '"f equitable process prior to its actual receipt by the beneficiary. The right of any beneficiary to~~ 3 l ~~ ~~~_ I~~~jV V any income or principal hereunder shall be subject to all charges or deductions which my Executor or Trustee may make under law or any provision of this will. Upon making any payment of income or principal from any trust hereunder or my estate, my Executor and Trustee shall be released fully from all further liability therefor. SEVENTH: If any principal or income of my estate or any trust hereunder vests in absolute ownership (free of trust hereunder) in a minor or incompetent, my Executor or Trustee, at any time and without court authorization, may: distribute the whole or any part of such property to the beneficiary; or use the whole or any part for the health, education, maintenance and support of the beneficiary; or distribute the whole or any part to a guardian, committee or other legal representative of the beneficiary, or to a custodian for the beneficiary (including a custodian appointed by my Executor or Trustee without court order) under any gifts to minors or transfers to minors act, or to the person or persons with whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed by the person to whom the distribution is made shall be a full discharge of my Executor and Trustee from any liability with respect thereto, even though my Executor or Trustee may be such person. If such beneficiary is a minor, my Executor or Trustee may defer the distribution of the whole or any part of such property until the beneficiary attains the age of twenty-one (21) years, and may hold the same as a separate fund for the beneficiary with all of the powers described in Article EIGHTH hereof. If the beneficiary dies before attaining said age, any balance shall be paid and distributed to the estate of the beneficiary. The word "minor" wherever used in this Article SEVENTH shall mean any person who shall be under the age of twenty-one (21) years. EIGHTH: My Executor and Trustee shall have all of the powers conferred by law upon fiduciaries in every jurisdiction in which my Executor and Trustee may act. In addition, the following powers are conferred upon both my Executor and Trustee, exercisable in the absolute discretion of my Executor and Trustee, as the case may be: (a) To retain and hold any property for any period, whether or not the property is of the character permissible for investment by fiduciaries under any applicable law, and without regard to the effect the retention may have upon diversification of investments. (b) To sell, exchange, grant options on, transfer or otherwise dispose of any property, real or personal, at public or private sale, for cash or on credit, secured or unsecured, at such time or times, in such manner and upon such terms and conditions as my Executor or Trustee shall deem advisable. (c) To invest and reinvest in common or preferred stocks, bonds, securities, mortgages or similar instruments, investment trusts, common trust funds, mutual funds, regulated investment companies, evidences of rights or interests, and other property, real or personal, domestic or foreign, whether or not the investments are, 4 ,~ ~r permissible for fiduciaries under any applicable law and without regard to diversification. (d) To render liquid my estate or any trust in whole or in part, at any time and from time to time, and to hold cash or readily marketable securities of little or no yield for such periods as my Executor or Trustee shall deem advisable. (e) To manage, maintain, repair, alter, improve, insure, partition, subdivide, lease for any term (whether or not beyond any period fixed by statute for leases made by fiduciaries or beyond the term of any trust created hereunder), mortgage, encumber, grant security interests in, or otherwise purchase, dispose of, or deal with any real or personal property, as my Executor or Trustee shall deem advisable. (f) To abandon any property which my Executor or Trustee shall deem worthless or not of sufficient value to warrant keeping or protecting; to abstain from the payment of taxes, assessments, repairs, maintenance or other upkeep therefor; to permit any property to be lost by tax sale or other proceedings or to convey any such property for no or a nominal consideration. (g) To form one or more corporations or limited liability companies, alone or with any person, in any jurisdiction, and to transfer assets of my estate or any trust to any new or existing corporation or limited liability company in exchange for stock or membership interests; to form one or more partnerships with any person in any jurisdiction, to have my estate, any trust or a nominee be a general or limited partner, and to transfer assets of my estate or any trust to any new or existing partnership as a capital contribution; to enter into one or more joint ventures or associations with any person in any jurisdiction, and to commit assets of my estate or any trust to the purposes of those ventures or associations; and to retain as an investment for any period any securities, partnership interests or other assets resulting from any such actions. (h) To enter into, modify or terminate agreements with any person regarding voting rights, management, operation, retention or disposition of interests in corporations, partnerships, joint ventures, associations or other businesses of my estate or any trust, regardless of whether any agreement is in effect when that business interest is received by my Executor or Trustee; to retain and continue to operate, or permit the operation of, any business, on the terms which governed when received by my Executor or Trustee or on different terms; to invest additional sums in any business, even to the extent that my estate or any trust may be invested entirely in any business, without liability for any loss resulting from lack of diversification; to act as or select other persons (including any beneficiary) to act as directors, officers, managers or employees of any business, with reasonable compensation without regard to their being a fiduciary or beneficiary and, in the case of my Executor or Trustee, without regard to the commissions allowed by law; to discontinue any business or sell or otherwise dispose of anX , -, ~~~ 5 r 1~ ~~'~ interest therein on such terms and conditions as my Executor or Trustee shall deem advisable; and to make such other arrangements with respect to any business as my Executor or Trustee shall deem advisable. I exonerate my Executor and Trustee from any .loss resulting from the retention or operation of any business or any depreciation in the value thereof, unless such loss shall result from the gross negligence or willful misconduct of my Executor or Trustee. (i) To vote, in person or by general or limited proxy, any shares of stock or other securities or property; to exercise or dispose of any options, subscription or conversion rights, or other privileges or rights of any other nature; to become a party to, or deposit securities or other property under, or accept securities or other property issued under any voting trust or similar agreement; to assent to or participate in any reorganization, readjustment, recapitalization, consolidation, merger, dissolution, liquidation, sale or purchase of assets, lease, mortgage or similar instrument, election, contract, agreement, or other action or proceeding by any corporation; to deposit securities or other property under, or become a party to, any agreement or plan for any such action or proceeding or for the protection of holders of securities; to subscribe to new securities or exchange property in connection with the foregoing; to delegate discretionary powers to any reorganization, creditors, stockholders or similar committee or protective group; and to pay any assessments or expenses in connection with the foregoing. (j) To pay, collect, adjust, compromise, settle or refer to arbitration any claim in favor of or against my estate or any trust, and to institute, prosecute or defend such legal proceedings as my Executor or Trustee shall deem advisable. (k) To foreclose mortgages or similar instruments and bid for property under foreclosure or take title by conveyance in lieu of foreclosure; to continue investments after maturity; to modify, renew or extend any note, bond, mortgage or similar instrument, security agreement or similar instrument upon such terms and conditions as my Executor or Trustee shall deem advisable; to release obligors or guarantors or refrain from instituting suits or actions for deficiencies; and to expend any sums or use any property as my Executor or Trustee shall deem advisable for the protection of any property or interest therein. (1) To borrow money or assets for any purpose, without personal liability therefor, from any person including my Executor or Trustee, and to secure repayment by mortgage or pledge of any property. (m) To lend assets to any person, including a beneficiary, the estate of a deceased beneficiary, or an estate or other trust in which a beneficiary has an interest, upon any terms and conditions, with or without security, for any purpose which may or will benefit my estate, any trust or any beneficiary. (n) To exercise, at such times and in such manner as my Executor or Trustee shall deem advisable, any right of election or other rights which from time to time 6 ,~j~? ~v may be available under the Internal Revenue Code or any other tax law, and to make such other decisions as my Executor or Trustee may deem appropriate with respect to expenses or deductions for estate or income tax purposes, the valuation of assets, the filing of any joint or other income, gift or other tax returns and the apportionment of any joint tax liability, and the payment of any tax or collection of any refund, regardless of the effect of any such action on the interest of any beneficiary of my estate and without the necessity of making adjustments or reimbursements between principal and income or among the beneficiaries of my estate. (o) To employ and pay the compensation of accountants, attorneys, experts, investment counselors, custodians, agents and other persons or firms providing services or advice, irrespective of whether my Executor or Trustee may be associated therewith; to delegate discretionary powers to such persons or firms; and to rely upon information or advice furnished thereby or to ignore the same, as my Executor or Trustee shall deem advisable. (p) To pay any and all costs, charges, fees, taxes, interest, penalties or other expenses of the administration of my estate, in installments with interest if desired, and except as expressly provided in Article FIRST hereof or elsewhere herein, to charge the same against the income or principal, or partly against each, of my estate or any trust. (q) To hold property in their names as Executor or Trustee, or in their names without designation of any fiduciary capacity, or in the name of a nominee or nominees, or unregistered, or in bearer form; to deposit property with a custodian or depository; and to remove property from the State of Illinois and keep property in other jurisdictions, without bond, surety or other security. (r) To pay any legacy or distribute, divide or partition property in cash or in kind, or partly in kind, and to allocate different kinds of property, disproportionate amounts of property and undivided interests in property among any trusts, parts, funds or shares; to determine the fair valuation of property, with or without regard to tax basis; to determine what property is covered by general descriptions in this will; to distribute directly from my estate to beneficiaries of any trust hereunder whether or not such trust has been funded; to hold the principal of separate trusts (including trusts established under the last will and testament of my husband) in a consolidated fund and to invest the same as a single fund; to split trusts for purposes of allocating generation-skipping transfer tax exemptions (within the meaning of Section 2642(a) of the Code); and to merge any trusts (including trusts established under the last will and testament of my husband) which have substantially identical terms and beneficiaries, and to hold them as a single trust. Notwithstanding anything to the contrary contained in this will, if the value of any trust under this will is less than Ten Thousand Dollars ($10,000.00), as of the date f,, on which it is to be fully funded or at any time thereafter, my Executor or Trustee may terminate the trust and distribute the trust assets to the income beneficiaries ~ ~~~~~ 7 ~~ ~ thereof or to the guardian, committee, custodian or other legal representative of the income beneficiaries. (s) To act or refrain from acting in all respects as if financially uninvolved, regardless of any connection with or investment in any business or any conflict of interest between any fiduciary hereunder and my estate or any trust. No Executor or Trustee shall be disqualified or barred from exercising any power or discretion conferred by law or under this will because such fiduciary may be a shareholder, officer, director, member, partner or person in any way interested in a corporation, partnership or other person or entity affected by the exercise of such power or discretion. My Executor or Trustee may contract, in any manner that my Executor or Trustee shall deem advisable, with any such corporation, partnership, person or entity. (t) To change the situs and/or governing law of any trust hereunder to any state my Executor or Trustee from time to time may deem desirable, and to take such further actions, including without limitation the amendment to the terms of the trust and the moving of trust assets, as may be necessary or advisable to effectuate such change. (u) To do all acts and execute and deliver all instruments as my Executor or Trustee may deem necessary or advisable to carry out any of the foregoing powers. No fiduciary shall be liable for acts or omissions in administering my estate or any trust created under this will, except for that fiduciary's own actual fraud, gross negligence or willful misconduct. Each fiduciary shall be deemed to have acted within the scope of such fiduciary's authority, to have exercised reasonable care, diligence and prudence, and to have acted impartially as to all affected persons unless the contrary is proved by affirmative evidence. If any fiduciary becomes liable as fiduciary to any other person who is not a beneficiary in connection with any matter not within the fiduciary's control and not due to the fiduciary's actual fraud, gross negligence or willful misconduct, such fiduciary shall be fully indemnified and held harmless by my estate or by the trust created hereunder giving rise to such liability, as the case may be, from and against any liability, claim, loss, damage or expense, including reasonable attorneys' fees, that such fiduciary may sustain. No person who deals with any fiduciary hereunder shall be bound to see to the application of any asset delivered to such fiduciary, or to inquire into the authority for, or propriety of, any action taken or not taken by such fiduciary. NINTH: In addition to the other powers granted hereunder, my Executor and Trustee shall be entitled to determine the following: (a) My Executor or Trustee may determine, when there is reasonable doubt or uncertainty as to the applicable law or the relevant facts, which receipts of money or other assets should be credited to income or principal, and which , J ~i(,. ~ J~ f 8 disbursements, commissions, assessments, fees, taxes (except as provided in Article FIRST hereof), and other expenses should be charged to income or principal. (b) Any distributions or dividends payable in the stock of a corporation, and rights to subscribe to securities or rights other than cash declared or issued by a corporation, shall be dealt with as principal. (c) The proceeds from the sale, redemption or other disposition, whether at a profit or loss, and regardless of the tax treatment thereof, of any property con- stituting principal, including mortgages or similar instruments and real estate acquired through foreclosure or otherwise, shall normally be dealt with as principal, but my Executor or Trustee may allocate a portion of any such proceeds to income if the property disposed of produced no income or substantially less than the current rate of return on trust investments, or if my Executor or Trustee shall deem such action advisable for any other reason. (d) The preceding provisions of this Article NINTH shall not be deemed to authorize any act by my Executor or Trustee which may be a violation of any law prohibiting the accumulation of income. TENTH: I direct that for purposes of this will a beneficiary shall be deemed to predecease me (or any other person upon whose death the interest of such beneficiary depends) unless such beneficiary survives me (or such other person) by more than thirty days. ELEVENTH: I appoint my husband Joel R. Hillison to be my Executor. I appoint Monica R. Bucek to be my Trustee. If Monica R. Bucek shall fail to qualify for any reason as my Trustee, or having qualified shall die, resign or cease to act for any reason as my Trustee, I appoint Marsha K. Stout as my Trustee. I direct that no Executor or Trustee shall be required to file or furnish any bond, surety or other security in any jurisdiction. Any Executor or Trustee, subject to the judicial or non judicial settlement of the accounts of such Executor or Trustee, may resign at any time by an instrument in writing, signed and acknowledged in duplicate, one counterpart of which shall be delivered to the court in which this will is admitted to probate and the other counterpart of which shall be delivered to the successor Executor or the successor Trustee, as the case may be. The term "Executor" wherever used herein shall mean the executors, executor, /~, executrix or administrator in office from time to time. The term "Trustee" wherever used herein ~ shall mean the trustees or trustee in office from time to time. Each Executor and Trustee shall have the same rights, powers, duties, authority and privileges, whether or not discretionary, as if originally appointed hereunder. '~ 9 i~ I( ~i~ Vv The terms "child" and "children" wherever used in this will include not only the child and children (whether heretofore or hereafter born) of the person designated, but also the legally adopted child and children of such person. The term "issue" includes not only the children and other issue (whether heretofore or hereafter born) of the person designated, but also the legally adopted children and issue of such person. Any provision herein which refers to a statute, rule, regulation or other specific legal reference which is no longer in effect at the time said provision is to be applied shall be deemed to refer to the successor, replacement or amendment to such statute, rule, regulation or other reference, if any, and shall be interpreted in such a manner so as to carry out the original intent of said provision. Wherever used in this will and the context so requires, the masculine includes the feminine and the singular includes the plural, and vice versa. TWELFTH: If my husband shall not survive me or is adjudged to be incapacitated, I appoint Marsha K. Stout to be the Guardian of the person and property of any children of mine who have not attained the age of majority. No Guardian shall be required to file or furnish any bond, surety or other security in any jurisdiction. Upon the request of the ward the Guardian shall file an inventory or account with the court. If my Trustee or any trust hereunder is the beneficiary of any life insurance policy, my Trustee shall be entitled to the insurance proceeds rather than the Guardian. THIRTEENTH: My husband has served in the Armed Forces of the United States. I therefore request that my Executor make appropriate inquiries to ascertain whether there are any benefits to which I, my dependents or my heirs may be entitled by virtue of any military affiliation. I specifically request that my Executor consult with a retired affairs officer at the nearest military installation, the Department of Veterans Affairs, and the Social Security Administration. IN WITNESS WHEREOF, I, Stacie L. Hillison, sign my name and publish and declare this instrument as my last will and testament this 8th day of March, 2011. ~ ~~~~~ -~ Stacie L. Hillison The foregoing instrument was signed, published and declared by Stacie L. Hillison, the above-named Testatrix, to be her last will and testament in our presence, all being present at the same time, and we, at her request and in her presence and in the presence of each other, have subscribed our names as witnesses on the date above written. ~: ~~~ t ,, ~'~~ ~~~~ I 10 f having an address at r , ~~ '°, ~, ~~ ~o~ having an address at -, ;~ ~ 1 l~ C ~/`v'~- ~` ~~~ ~/~ ,-; ~ 1 ~ L-=l ss~" 11 AFFIDAVIT OF WITNESSES WITH THE UNITED STATES ARMED FORCES AT CARLISLE BARRACKS Each of the undersigned being individually and severally duly sworn, did depose and say that: The foregoing last will and testament was subscribed in our presence and sight by Stacie L. Hillison, the Testatrix named therein. The undersigned witnessed the execution of said will of Stacie L. Hillison on the 8th day of March, 2011. At the time the instrument was so sub- scribed, the Testatrix declared said instrument to be her last will and testament. The undersigned thereupon signed their names as witnesses at the end of said will at the request of the Testatrix, in the presence of the Testatrix and each other. At the time of so executing said will, in our respective opinions, the Testatrix was at least eighteen years of age or emancipated, and was of sound mind, memory and understanding, under no constraint, duress, fraud or undue influence, and in no respect incompetent to make a valid will. In our respective opinions, the Testatrix was able to read, write and converse in the English language, and was not suffering from any defect of sight, hearing or speech, or from any other physical or mental impairment which would affect her capacity to make a valid will. Each of us was acquainted with the Testatrix, and we make this affidavit at her request. Said will was shown to us at the time this affidavit was made, and we examined it as to the signature of the Testatrix and our signatures. Said will was executed as a single, original instrument, and not in counterparts. print: ~t~re S ~ N -C~C.,e ~f Witness 1 ~-_-_ ti~~~~- ~ ~ ~ .~ ~~ ~ ~ ~~~ print: ~ ~~"(~ , ~ ~ ~_=~-~ Witness March, 2011. Subscribed and sworn to before me by the above-named witnesses, this 8th day of Notary P b is y commission expires on ~0~/3N~,OfV`ilV~l~,L~i-~ t..i~ ~"~~h~;a`~~i(~i~i6Fr tdat~rial S~~I ~~ Karns ~~,~~ i-iert~E~~r, Nc~t~€~,~ ~~biic