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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(les) 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: Dorothy S. Braught File No:
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No: 179-52-5171
Date of Death: November 10, 2012 Age at death: 103
Decedent was domiciled at death in Cumberland County, Pennsylvania (State) with his/her last
principal residence at 700 Walnut Bottom Road 17013 Borough of Carlisle Cumberland
Street address, Post Office and Zip Code City, Township or Borough County
Decedent died at 700 Walnut Bottom Road 17013 Borough of Carlisle 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 $ 12,740.00
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.... $ 12,740.00
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 November 2, 1995 and Codicil(s)
thereto dated N/A; Harold J. Braught died on September 30, 1996
State relevant circumstances (e.g. renunciation, death of executor, etc.)
Except as follows: after the execution of the instrumerit(s) offered for probate Decedent did not marry, was not divorced, was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(8), and did not have a child born or
adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
NO EXCEPTIONS 0 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 lph established as defined
in 23 Pa. C.S. § 3323(g) and was neither the victim of a killing nor ever adjudicated an incapacitated peon.
Q NO EXCEPTIONS Q EXCEPTIONS' fs.~~7
Petitioners , after a proper search has/have ascertained that Decedent left no Will and was survived b th 1 souse ifa heirs attach
additional sheets, if necessary): t' N ;y. i"I
S"" xa co Name Relationship 'Z:Ad:Drqn
N _n
Form RW-02 rev. 1011112011 Page 1 of 2
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland }
Petitioner(s) Printed Name Petitioner(s) Printed Address
Annette M. Brau ht 244 Red Haven Road New Cumberland PA 17070
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 Dece'ent, the Petitioner(s) will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed before f,L( f,°7,2,~ mate 4
me t is ~+nlt~ day of -Date Co
By:t? i'1 L py -Date Tn !
For the Register ,C'>_ ate
;Aj
BOND Required: 0 YES ® NO To the Register of Wills: a ~ _T1
C'') C, -Tj
FEES: Please enter my appearance byy ignatur belg1p:
Letters $ ? C'' 1 Attorney Signature: C~CID~
(Lj ) Short Certificate(s)...... C, 'v
( ) Renunciation(s)......... %
( ) Codicil(s)
( ) Affidavit(s)........... .
Bond Printed Name: Lowell R. Gates, Esq.
Commission Supreme Court
Other ID Number: 46779
Firm Name: Gates, Halbruner, Hatch & Guise, P.C.
Address: 1013 Mumma Road Suite 100
• • • • • • • • Lemoyne PA 17043
Phone: 717-731-9600
Automation Fee _ t C'C Fax: 717-731-9627
JCS Fee . , Email: I_r_gates gateslawfirm com
TOTAL $ S~'C}68
DECREE OF THE REGISTER
Estate of Dorothy S. Braught File No:
a/k/a:
AND NOW, in consideration of the foregoing Petition,
satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Annette M. Braught
_ in the above estate and (if applicable) that
the instrument(s) dated November 2 1995 .
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
Register of Wills ~11 ( "
Form RW-01 rev. 10111/1011 Page 2 of 2
HIO?.vl,5 RI % f4/I1:
LOWS I t R'S CERTIFICATION OF DEATH
r I~I~s duplicate this copy by photostat or photograph.
L
Fee for this certificate, $6.00Z1,12 NOU 28 PM 9 02 This Iu crrtiIN that the information here given is
~ulrcLtiy of led from an original Certificate of Death
CLERK OF Ilk tiled X* ith me as Local Registrar. The original
:Crtllrcate trill he forwarded to the State Vital
ORPHANS' COURT ~d x, I Record Office for permanent filing.
TBERLAND CO., PA 1\\F~ y W,
P 188836
9~r I v. twur`n"~,~ x~ NO 12/2012
Certification Number % Local EZe',2istrar Date Issued
Type/Print In COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HEALTH . VITAL RECORDS
Permanent File Number-
kInk
CERTIFICATE OF DEATH
Blac State
1. Decedent's Legal Name (First, Middle, Last, Suffix) 2. Sex 3. Social Security Number 4. Dale Of Death (Mo/Day/Yr) (Spell Me)
Dorothy S. Br aught F 179 52 5171 Nov~nber 10, 2012
5a. Age-last Birthday (Vrs) Sb. Under 1 Year 5c. Under 1 Da 6. Date of Birth (MO/Day/Year) (Spell Month) a. Birthplace (City and Stale or Forei Country)
1 1 03 Months Days Hours Minutes MaL 8, 1909 7Mechanic:: u P 1
y 7b. Birthplace (County) C>lsnber-land
8a. Red,~nce (State or Foreign Country) 8b. Residence (Street and Number - include Apt No.) 8c. Did Decedent Live In a Township?
Y'E~.
8d. Residence (County) 700 Walnut Bottom Rd_ EJ ~/Yes, decedent lived in -p
CLSnbarland Be. Residence (Zip Code) 17013 yoNo, decedent lived within limits of (2arllsl2 city/boro.
9. Ever in US Armed Forces? 10. Marital Status at Time of Death 0 Married Widowed 11. Surviving Spouse's Name (If wife, give name prior to first marriage)
0 Yes jZb[NO E3 Vnknown El Divorced Q Never Married 0 Unknown
12. Father's Name (First, Middle, Last, Suffix) 13. Mother's Name Priorto First Marriage (First, Middle, Last)
Milton C_ Souder Sarah Albert
14a" Informant's Name 14b. Relationship to Decedent 14c. Informant's Maiiing Address (Street and Number, CI at
2Ip C de)
o Annette M_ Braught Daughter 244 Red Haven Rd_, New t r1WA PA 17070
G _ _ _ _ _ _ _ _ _ _ 15a. P ace o Death iC -1 only one _ _
If Death Occurred In a Hospital: C] Inpatient of Death Occurred Somewhere Other Than a Hospital l d Hospice Facility Decedent's Ho
0 Emergency Room/Outpatient 0 Dead on Arrival I J (r Nursing Home/Long-Term Care Facility 0 Other (Specify) me
15b. Facility Name (If not institution, give street and number) 15c. City or Town, State, V Zip Code i5d. County of ath
Forest Park Health Centersle, aPA, 17013 CLanY r=d
16a. Method of Disposition Jr Burial 0 Cremation 16b. Date of Disposition 16c. Place Disposition (Name of cemetery, crematory, or other place)
O Removal fm State D Donation
0 otneror(specify) 11/17/2012 Westmofinster Memorial Gardens
16d. Location of Disposition (City or Town, State, and Zip) 17a. Signature of F rvice Licen_ ^,~e of Interment 17 b. License Number
Carlisle, PA 17013E FD 012633 L
E 17c. Name and Complete Address of Funeral Facility
.9 Et^7in Brothers Funeral HcmE , =no_, 630 S. Hanover St. Carlisle, PA 17013
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
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.
0 8th grade or less is Spanish/Hispanic/Latino. Check the "No" E]-n/hite 0 Korean
0 No diploma, 9th - 12th grade box if decedent I. no[ Spanish/Hispanic/Latino. 0 Black or African American 0 Vietnamese
la' High school graduate or GED completed o, not Spanish/Hispanic/Latino 0 American Indian or Alaska Native 0 Other Asian
0 Some college credit, but no degree 0 Yes, Mexican, Mexican American, Chicano 0 Asian Indian 0 Native Hawaiian
0 Associate degree (e. g. AA, AS) 0 Yes, Puerto Rican
0 Bachelor's degree (e.g. BA, AB, BS) 0 Yes, Cuban 0 Chinese 0 Guamanian or Chamorro
0 Filipino 0 Samoan
O Master's degree (e.g. MA, M5, MEng, MEd, -SW, MBA) D Yes, other Spanish/Hispanic/Latino D Japanese 0 Other Pacific Islander
0 Doctorate (e.g. PhD, ECD) or Professional degree (Specify) 0 Other (Specify)
. MD DDS DVM LLB, JD
21. Oece"dent'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
4E0white 0 Japanese 0 Samoan done during most of working life. DO NOT USE RETIRED.
0 Black or African American 0 Korean 0 Other Pacific Islander H(BlTg[laker
q 0 American Indian or Alaska Native E3 Vietnamese 0 Don't Know/NO[ Sure
Ti 0 Asian Indian 0 Other Asian 0 Refused 22b. Kind of Business/Industry
Chl nese 0 Native Hawaiian 0 Other (Specify)
0 Filipino 0 Guamanian or Chamorro Her' c7a7 home
ITEMS 23. - 23d MUST BE COMPLETED 23a. Date Pronounced Dead (MO Day Yr) 236. 51¢nature of Person Pronouncing Death (Only when applicable) 23c. License Number
IT PERSON WHO PRONOUNCES OR flp `L/{~1-~~-•
CERTIFIES DEATH p ✓G .~(b e..~ ~O _
23 .Date Signed (MO/Day/1r) 24. Time of Death
O ✓e ✓K I'Jr / D o2 b / a2 3 25. Was Medical Examiner or Coroner Contacted? 0 Yes No
CAUSE OF DEATH t roximate
26. Part 1" Enter the chaln Of events--diseases, injuries, or complications--that directly caused the death. DO NOT enter terminal events such as card Apn
lac arrest, I I terval:
respiratory arrest, or ventricular fibrillation without showing t logy. DO NOT ABBDVIATE. En~ Only one cause on a line. Add additional lines If necessary. 1 Onset to Death
IMMEDIATE CAUSE -
(Final disease or condition Due to ( consequence pit:
resulting In death)
b. C. lG'
Sequentially list conditions, Due to (Or as a consequence of):
if any, leading to the cause
listetl on Ilne a. Enter the
UNDERLYING CAUSE Due to (o as a consequence of):
w (disease or injury that
1
initiated the events resulting d.
I, death) LAST. Due to (o as a consequ nce of):
1
ag 26. Part It. Enter other si nlficani ndltions c ntributin to death but not resulting In tying cause given In Part I. 27. Was an autopsy Perfo ed?
R o Yep a
28. fable
Were autopsy finding aval
to complete the causesof death?
D Yes O No
e+ 29. If Fe ale: 30. Did Tobacco Use Contribute to Death? 31. M der of Death
1,J o Not pregnant within past year 01yes 0 Probably fuideralnt 0 H
0 Pregnant at time of death 1 0 Unknown Homicide
0 Not pregnant, but pregnant within 42 days of death 0 Acc 0 Pending e F- D Not pregnant, but pregnant 43 days to 1 year before death 32. Date Of Injury (Mo/Da D Suicide 0 Could uld not t b be determined
D Unknown if pregnant within the past year V/V r) (Spell Month)
33. Time of Injury
34. Place of Injury (e.g. home; construction site; farm; school) 35. Location of Injury (Street and Number, City, County, State, Zip Code)
P ^ 36. Injury at Work 137. If Transportation Injury, Specify: 138. Describe How Injury Occurred:
0 Yes 0 Driver/Operator 0 Pedestrian
0 No 0 Passenger 0 Other (Specify)
39a. Certifier - physician, certified nurse practitioner, medical a miner/co heck only one):
0 Certifying only - To the best of my knowledge, death occurred due to th se(s) and manner stated.
0 Pronouncing & Certifying - To the best of my knowledge, death occurre c the time, date, and place, and due to the cause(s) and manner stated.
D Medical Examiner/Coroner - On the ba of urination and/or invest Ion, in my opinion, deas%I'' b' thf=~jU r/rte/)at the time, date, and place, and due to the eau ( )antl) ~Jtared. manner Signature of certifier: Title of certifier: License Number:_~V Q/J(9 f
39b. Name, Address and Z' ode of WjZ~n Completing Cause of Death Item 26)
39c. Date Signed (MO/Day/Yr)
T i OL,tl1-2 100 s. - S+ e-)1111t PA r y d-& i i
40. Registr r s District Number 41. Registrar 'ture ^ 42. Reg r File Da[ (MO/Day/Vr)
43. Amendments
O
H105-143
Disposition Permit REV n1/7n,?
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LAST WILL AND TESTAMENT n a r rv ~ M
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OF v n C- -n -t
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DOROTHY S. BRAUGHT a C:
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I, DOROTHY S. BRAUGHT, now of 1414 Bryn Mawr Road, Carlisle,
Cumberland County, Pennsylvania 17013, do publish and declare
this to be my Last Will and Testament, hereby revoking all other
prior wills and codicils made by me.
FIRST: Family Background and Appointment of Executor.
(A) Family and Background Information. I am married to
HAROLD J. BRAUGHT. I have not been previously married. The
child of our marriage is ANNETTE M. BRAUGHT. Throughout this
Will, HAROLD J. BRAUGHT will be referred to as "my husband" or
"my spouse" and ANNETTE M. BRAUGHT will be referred to as "my
child." The word "issue" will include any children as well as my
other descendants.
(B) Appointment of Executor. I appoint as my Executor and
successor Executor (all hereinafter referred to as Executor or
Executor(s)) under this Will, the following named persons or
corporations to serve without bond and without being required to
account to any Court:
Executor: My husband, HAROLD J. BRAUGHT.
Successor Executor: My daughter, ANNETTE M. BRAUGHT.
Second Successor Executor: My granddaughter, DEBRA
ANN HERSHEY
(C) Inter Vivos Trust. The inter vivos trust agreement
referred to in this Will is entitled "THE BRAUGHT FAMILY
IRREVOCABLE TRUST," DATED A)0VU01b0K 7i by and between HAROLD
J. BRAUGHT and DOROTHY S. BRAUGHT, as Settlors, and HAROLD J.
BRAUGHT, DOROTHY S. BRAUGHT, and ANNETTE M. BRAUGHT as Co-
Trustees, as now in effect or as may hereafter be amended.
SECOND: Funeral and Last Illness Expenses; Taxes.
(A) Expenses of Funeral and Last Illness. I direct my
Executor to pay my funeral expenses and the expenses of my last
illness from my estate. In addition, my Executor may notify the,
Trustee of the Trust described in Paragraph FIRST (C) of any s c~h
expenses and my Executor may accept reimbursement from such
Trustee.
LAST WILL AND TESTAMENT
OF
DOROTHY S. BRAUGHT
PAGE 2
(B) Taxes. I direct my Executor to pay any and all estate,
inheritance, succession, legacy, transfer and other death taxes
or duties, by whatever name called, including any and all
interest and penalties thereon, imposed under the laws of any
jurisdiction by reason of my death upon or with respect to any
and all property included in my gross estate for the purpose of
such taxes, whether such property passes under or outside of this
Will. Without any apportionment otherwise required by law and
without being prorated or apportioned among or charged against
the respective devises, legatees, beneficiaries, transferees, or
other recipients of any such property or charged against any
property passing or which may have passed to any of them, I
direct that any taxes so paid shall be charged against my
residuary estate. My Executor shall not be entitled to
reimbursement for any portion of any such taxes from any such
person. The foregoing provisions of this Article SECOND shall
not apply to such portion or portions of said taxes, interest and
penalties which may be required to be paid, or are actually paid
or reimbursed, by the Trustee of the Trust described in Paragraph
FIRST (C), above.
THIRD: Tangible Personal Property. Except for those items
excluded below and those items enumerated in the Letter of
Instruction, I bequeath all my tangible personal property,
including but not limited to clothing, jewelry, heirlooms,
furniture, household furnishings, personal effects, motor
vehicles, and all other similar articles, which I own, and the
insurance thereon, to my spouse, HAROLD J. BRAUGHT, if he
survives me. Tangible personal property shall not include: (1)
any and all property used by me in any business, (2) cash on hand
or on deposit in banks, (3) stock or securities, (4) any type of
evidence of indebtedness, and (5) any life, health or accident
insurance policies.
If my spouse, HAROLD J. BRAUGHT, does not survive me, I
leave such tangible personal property to my daughter, ANNETTE M.
BRAUGHT, per stirpes. If there is any disagreement as to
distribution, I direct my Executor to make such distribution.
The decision of my Executor shall be final and binding. Any
items not selected or any items which my Executor considers
unsuitable for my child may be distributed or sold in the sole
discretion of my Executor and, if sold, the net proceeds
therefrom shall be added to the residue of my estate. Any
article allocated to a minor may, as my Executor deems ad able,
LAST WILL AND TESTAMENT
OF
DOROTHY S. BRAUGHT
PAGE 3
either be delivered to the minor or to any person to safeguard on
behalf of the minor.
Notwithstanding any other provisions in this Article THIRD,
I may leave a separate, dated and unsigned Letter of Instruction,
which I shall place with my Will, containing directions as to the
ultimate disposition of certain of the property bequeathed under
this Article THIRD, and such Letter of Instruction shall
determine the distribution of such items.
FOURTH: Residuary Estate. I devise and bequeath all of the
rest, residue and remainder of my estate, real, personal and
mixed, of whatever nature and wherever situated to which I am
legally or equitably entitled, to the then-acting Trustee(s) of
the Trust described in Paragraph FIRST (C) of this Will, to be
held, administered and distributed pursuant to the terms thereof,
as the same may be amended from time to time. By this devise and
bequest of my residuary estate I hereby exercise all Powers of
Appointment I possess at the time of my death except any power of
appointment which I possess under the Trust described in
Paragraph FIRST (C) of this Will.
FIFTH: Powers of Executor. In addition to the powers and
duties as may have been granted elsewhere in this will, but
subject to any limitations stated elsewhere in this will, the
Executor shall have and exercise exclusive management and control
of the Estate and shall be vested with the following specific
powers and discretion, in addition to the powers as may be
generally conferred from time to time upon the Executor by law:
(A) In the management, care and disposition of the Estate,
the Executor shall have the power to do all things and to execute
such instruments, deeds, or other documents as may be deemed
necessary or proper, including the following powers, all of which
may be exercised without order of or report to any Court:
(1) To sell, exchange or otherwise dispose of any
property at any time held or acquired hereunder, at public
or private sale, for cash or on terms, without
advertisement, including the right to lease for any term
notwithstanding the period of the Estate, and to grant
options, including any option for a period beyond the
duration of the Estate.
(2) To invest all monies in such stocks, bonds,
securities, mortgages, notes, choses in action, real to
r i
LAST WILL AND TESTAMENT
OF
DOROTHY S. BRAUGHT
PAGE 4
or improvements thereon, and any other property as the
Executor may deem best, without regard to any law now or
hereafter enforced limiting investments of fiduciaries.
(3) To retain for investment any property deposited
with the Executor hereunder.
(4) To vote in person or by proxy any corporate stock
or other security and to agree to or take any other action
in regard to any reorganization, merger, consolidation,
liquidation, bankruptcy or other procedure or proceedings
affecting any stock, bond, note or other security.
(5) To use attorneys, real estate brokers, accountants
and other agents, if such employment is deemed necessary or
desirable, and to pay reasonable compensation for their
services.
(6) To compromise, settle or adjust any claim or
demand by or against the Estate and to agree to any
rescission or modification of any contract or agreement
affecting the Estate.
(7) To renew any indebtedness, as well as to borrow
money, and to secure the same by mortgaging, pledging or
conveying any property of the Estate.
(8) To retain and carry on any business in which the
Estate may acquire an interest, to acquire additional
interest in any such business, to agree to the liquidation
in kind of any corporation in which the Estate may have an
interest and to carry on the business thereof, to join with
other owners in adopting any form of management for any
business or property in which the Estate may have an
interest, to become or remain a partner, general or limited,
in regard to any such business or property and to hold the
stock or other securities as an investment, and to employ
agents and confer on them authority to manage and operate
the business, property or corporation, without liability for
the acts of such agent or for any loss, liability or
indebtedness of such business if the management is selected
or retained with reasonable care.
(9) To register any stock, bond or other security in
the name of a nominee, without the addition of words
indicating that such security is held in a fiduciary
LAST WILL AND TESTAMENT
OF
DOROTHY S. BRAUGHT
PAGE 5
capacity, but accurate records shall be maintained showing
that such security is a Estate asset and the Executor shall
be responsible for the acts of such nominee.
(B) Whenever the Executor is directed to distribute any
Estate assets in fee simple to a person who is then under twenty-
one (21) years of age, the Executor shall be authorized to hold
such property in Trust for such person until he/she becomes
twenty-one (21) years of age, and in the meantime shall use such
part of the income and the principal of the Estate as the
Executor may deem necessary to provide for the proper support and
education of such person. If such person should die before
becoming twenty-one (21) years of age, the property then
remaining in trust shall be distributed to the personal
representative of such person's estate.
(C) In making distributions from the Estate to or for the
benefit of any minor or other person under a legal disability,
the Executor need not require the appointment of a guardian, but
shall be authorized to pay or deliver the same to the custodian
of such person, to pay or deliver the same to such person without
the intervention of a guardian, to pay or deliver the same to a
legal guardian of such person if one has already been appointed,
or to use the same for the benefit of such person.
(D) In the disbursement of the Estate and any division into
separate trusts or shares, the Executor shall be authorized to
make the distribution and division in money or in kind, or both,
regardless of the basis for income tax purposes of any property
distributed or divided in kind, and the distribution and division
made and the values established by the Executor shall be binding
and conclusive on all persons taking hereunder. The Executor may
in making such distribution or division allot undivided interests
in the same property to several trusts or shares.
(E) The Executor shall have discretion to determine whether
items should be charged or credited to income or principal or
allocated between income and principal as the Executor may deem
equitable and fair under all the circumstances, including the
power to amortize or fail to amortize any part or all of any
premium or discount, to treat any part or all of the profit
resulting from the maturity or sale of any asset, whether
purchased at a premium or at a discount, as income or principal
or' n
or apportion the same between income and principal, to app t
the sales price of any asset between income and principal, t
treat any dividend or other distribution of any investment
6~
LAST WILL AND TESTAMENT
OF
DOROTHY S. BRAUGHT
PAGE 6
income or principal, or apportion the same between income and
principal, to charge any expense against income or principal or
apportion the same, and to provide or fail to provide a
reasonable reserve against depreciation or obsolescence on any
assets subject to depreciation or obsolescence, all as the
Executor may reasonably deem equitable and just under all the
circumstances. If the Executor does not exercise the above
discretionary power, the cash or accrual allocation shall be in
accordance with Chapter 81 of Title 20 of the Pennsylvania
Consolidated Statutes, or the corresponding provisions of
subsequent state law.
(F) If at any time the total fair market value of the
assets of any trust established or to be established hereunder is
so small that the corporate Trustee's annual fee for
administering the trust would be the minimum annual fee set forth
in the Trustee's regularly published fee schedule then, in
effect, the Trustee in its discretion shall be authorized to
terminate such trust or to decide not to establish such trust,
and in such event the property then held in or to be distributed
to such trust shall be distributed to the persons who are then or
would be entitled to the income of such trust. If the amount of
income to be received by such persons is to be determined in the
discretion of the Trustee, then the Trustee shall distribute the
property among such of the persons to whom the Trustee is
authorized to distribute income, and in such proportions, as the
Trustee in its discretion shall determine.
(G) Except as otherwise provided in this Will, when the
authority and power under this Will is vested in two (2) or more
Executors or Trustees, the authority and powers are to be held
jointly by the Executors or Trustees, respectively. A majority
of the Executors or Trustees may exercise any authority or power
granted under this Will or granted by law, and may act under this
Will. Any attempt by one such Executor or Trustee to act under
this Will on other than ministerial acts shall be void. The
action of one such Executor or Trustee under this will may be
validated by a subsequent ratification of the act by a majority
of the Executors or Trustees.
SIXTH: Rights and Liabilities of Executor.
(A) No bond or other security shall be required of any
Executor.
LAST WILL AND TESTAMENT
OF
DOROTHY S. BRAUGHT
PAGE 7
(B) This instrument always shall be construed in favor of
the validity of any act or omission by any Executor, and any
Executor shall not be liable for any act or omission except in
the case of gross negligence, bad faith or fraud. Specifically,
in assessing the propriety of any investment, the overall
performance of the entire Estate shall be taken into account.
(C) Each Executor shall be entitled to receive reasonable
compensation for services actually rendered to my estate, in an
amount the Executor normally and customarily charges for
performing similar services during the time which he/she performs
the services.
SEVENTH: Spendthrift Provision. No beneficiary shall have
the power to anticipate, encumber or transfer his or her interest
in the estate in any manner other than by the valid exercise of a
power of appointment. No part of the estate shall be liable for
or charged with any debts, contracts, liabilities or torts of a
beneficiary or subject to seizure or other process by any
creditor of a beneficiary.
EIGHTH: Tax Elections.
(A) In determining the estate, inheritance and income tax
liability relating to my Estate, the Executor's decision as to
all available tax elections shall be conclusive on all concerned.
If the Executor joins with my spouse in filing income tax
returns, or consenting for gift tax purposes to having gifts made
by either of us during my life considered as having been made
one-half by each of us, any resulting liability shall be borne by
my Estate and my spouse in such proportions as they may agree.
In accordance with IRC Section 2632(a) and without regard to
whether a Federal estate tax return is actually filed, my
Executor shall allocate so much of the Federal Generation
Skipping Transfer (GST) exemption amount as will fully exempt any
generation skipping transfer which may occur under this Will.
(B) The Executor may, in its discretion, determine the date
as of which my gross estate shall be valued for the purpose of
determining the applicable tax payable by reason of my death.
(C) The Executor may, in its discretion, decide whether all
or any part of certain deductions shall be taken as income tax
deductions (even though they may equal or exceed the taxable
income of my estate and whether or not claimed or of benefit o
my estate's income tax return) or as estate tax deductions w a
LAST WILL AND TESTAMENT
OF
DOROTHY S. BRAUGHT
PAGE 8
choice is available; and in the event that all or any part of
such deductions are taken as income tax deductions, no adjustment
of income and principal accounts in my estate shall be made as a
result of such decisions.
NINTH: Definitions and General Provisions.
(A) Survival. Any beneficiary who dies within sixty (60)
days after my death shall be considered not to have survived me.
(B) Captions. The captions set forth in this Will at the
beginning of the various articles hereof are for convenience of
reference only and shall not be deemed to define or limit the
provisions hereof or to affect in any way their construction and
application.
(C) Children. As used in this will, the words "child" and
"children" shall include persons who are legally adopted and the
issue of said persons, whether born in or out of wedlock, so long
as any person born out of wedlock is acknowledged in a written
instrument executed by the one of their natural parents who is a
descendant of mine to be the child of said descendant. The word
"issue" shall include descendants of all generations including
adopted persons. A posthumous child shall be considered as
living at the death of his parent. The birth to me or the
adoption by me of a child or children subsequent to the execution
of this Will shall not operate to revoke this Will. Except for
discretionary distributions which may be made unequally among a
group of persons and distributions pursuant to a valid exercise
of a power of appointment, in making a distribution to the
children of any person, the property to be distributed shall be
divided into as many shares as there are living children of the
person and deceased children of the person who left children who
are then living. Each living child shall take one share and the
share of each deceased child shall be divided among his then-
living descendants in the same manner.
(D) Code. Unless otherwise stated, all references in my
Will to section and chapter numbers are to those of the Internal
Revenue Code of 1986, as amended, or the corresponding provisions
of any subsequent federal tax laws applicable to my estate.
(E) Other terms. The use of any gender includes the other
genders, and the use of either the singular or the plural
includes the other.
LAST WILL AND TESTAMENT
OF
DOROTHY S. BRAUGHT
PAGE 9
(F) Powers of Appointment are Exercised. By this Will I
exercise any and all Powers of Appointment which I possess at the
time of my death except any power of appointment which I possess
under the Trust described in Paragraph FIRST (C), above.
IN WITNESS WHEREOF, I, DOROTHY S. BRAUGHT, the Testatrix,
have to this my Last Will and Testament, typewritten on ten (10)
pages, including the Acknowledgment,and Affidavit, set my hand
and seal this day of 7~ .4 u r~ 1995.
c~
DOROTHY S. BRAUGHT'„
Signed, sealed, published and declared by the above-named
Testatrix, as and for her Last Will and Testament, in the
presence of us, who have hereunto subscribed our names at her
request, as witnesses hereto, in the presence of the said
Testatrix, and in the presence of each other. Each of us further
declares that e or she believes the Testatrix to be of sound
mind and m or . The preceding instrument consists of this and
nine (9) pf-hpf consecutively numbered typewritten pages including
dgment and Affidavit.
4Ack
residing at r~v~J~~~4
residing at
L L f t- J
(print name)
ACKNOWLEDGMENT AND AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF SS
The Testatrix and the witnesses whose names are signed and
subscribed to the attached or foregoing instrument, being first
duly sworn and qualified according to law, do hereby acknowledge,
depose and say to the undersigned authority, that the Testatrix
signed and executed the instrument as her Last will in the presence
of the witnesses; that she signed it willingly or willingly
directed another to sign it for her; that she executed it as her
free and voluntary act for the purposes therein expressed; that
each of the witnesses were present and saw the Testatrix sign and
execute the instrument as her Last Will; that each subscribing
witness in the hearing and sight of the Testatrix signed the will
as witnesses; and that to the best of their knowledge the Testatrix
was at that time eighteen years of age or older, of sound mind and
under no constraint or undue influence.
statri
witness
1
S
Witness
Sworn to or affirmed, subscribed to, and acknowledged, before
me by the above-named Testatrix and witnesses, this day of
`7i'1 C tYt~~('i 1995.
of ry Pub is
My Commission Expires:
Notarial Seal
Linda Lee Gates, Notary Public
Shiremanstown Boro, Cumberland County
My Commission Expires Oct. 9, 1999
ivlamber, Pennsylvania Association of Notaries