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HomeMy WebLinkAbout12-06-12Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/aze IS 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 n ~ _ I ~ _ I~ -] Name: Genevieve Marsaret Laviska FBe No: /J( ~" a/k/a: Genevieve Dunitson (Assigned by Register) a/k/a: a/k/a: Social Security No Date of Death: October 19 2012 Age at death: 89 Decedent was domiciled at death in Cumberland County, pA (State) with his/her last principal residence at Thomwald Hones 442 Walnut Bottom Rd Carlisle Cumberland Street address, Post Ofrax aad Zip Code City, Township or Boroagh Comty Decedent died at q42 Walnut Bottom Rd Carlisle Cumberland PA Stred address, Post INMe and Z4r Code City, Township or Borough County State Estimate of value of decedent's property at death: ljdomicikd in Pennsylvmtia ............................ All personal property $ 93.000.0(1 /jnot dmwidfed in Pennsylvania ........................ Personal property in Pemsylvmia $ /jnot dantieiled in Pennsylvania ........................ Personal property in County $ Value ojrcaf estate in Pennsylvania ......................................................... $ TOTAL ESTIMATED VALUE.... $ 93.000.00 Real estate in Pennsylvania situated at: none (Aaach addiannnl sheets, ifnecessary) Slrcd address, Post Office and Zip Code City, Towmhip ar Boroagh Comty ~A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) helshe/they is/are the Executor(s) named in the last W ill of the Decedent, dated 1 August, 2000 and Codicil(s) thereto dated Slate rckvanl drcumslaocea (eg. renrndarina, deatA of exeeamry stet Except asfdlows: after the executim ofthe instrument(s)offered forprobate Decedent didnot marry, was not divorced, was mtapartytoapending divorce proceeding wherein the grounds for divorce had been established as de£med in 23 Pa. C.S. § 3323(8), and did not have a cltild bom or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. tP1 NO EXCEPTIONS Q EXCEPTIONS © B. Petition for Grant of Letters of Administration (1f appbcable) c. t. o., d.b.n., db.n.c.t.a., pendente tits, dumnte absentia, duwnte miroritate If Administration, stn or db.ac.ta, enter date of WiB in Section A above and complete fist of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wheroin the grounds for divorce had been established as defined m 23 Pa. C.S. § 3323(8) and was neither the victim of a killing mr ever adjudicated an incapacitated person. Q NO EXCEPTIONS ©EXCEPTIONS Petitimer(s), after aproper search has/have ascertainedthat Decedent leftno Will andwas survived bythe following spouse (ifany) andheirs (aaoch additional.rheetr, if necessary): Name Relationshi Address Joanne L Slusser Daughter 236 S Pitt St Cazlisle P~ 7013 .~~' ~ m ^' rn Mary M Snoke Daughter 300 Walnut Bottom Rd 1 PAL ~ V1 'o n to :m James Laviska Son 510 Tupelo Dr MelbourllB 3P.435 trt rn rzm ~, ~o Z ' ~ -ri ~ -rr n - di Form RW-02 rev. IWf [201 t O ~' /-a d'. .i9 -ll ~ _L t1s G:? ' D u3 gage 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s) Printed Name Pe _ Joanne L Slusser 03 236 S Pitt St Cazlisle PA 171 q // ,yL~C ~ LERK ©~ ORPHANS' CO ..rn h~IIMDLnr-r.,... _ ... The Petitioner(s) above-named swear(s) or affirm(s) the stateroems in the foregoing Petition are tnu and corset[ r the best of the knowledge and belief of Petitioner(s) and chat, as Personal Representative(s) of the Dec the Petitioner(s) will y/eJl ly administer the estate according m law. Sworn to or affirmed d subscribed before --' ei-~'-~ ' ~ . ~ Date ~~' ~ _ ,~ ~ Date me thi y f ~ Date By: Fnr a Register ~~ BOND Required: ©YES ~NO FEES: Letters ...................... ( ~ ) Shor[ Certificate(s)..... . ( )Renunciation(s)........ . ( )Codicil(s) ............ . ( )Affidavit(s)........... . Bond ........................ g~C./ - Coromissro Other Printed Name: Supreme Court ID Number: Fum Name: Address: Autoroation Fee ............... ./ - 1CS Fee. TOTAL. .................... ~? Zl~ I Email: a61~ ~~ DECREE OF THE REGISTER Estate of Gecevieve Margaret Laviska File No: ~ _ I ~ ,~ ~~_ a/k/a: AND NOW, _ satisfactory proof the instrument(s) dated _ described in the Petition be ~~ ~ ~ ~ , in co id ra ion of the foregoing Petition, rented before me,1T I DECREED that Letters are hereby granted to ,~~ ~~ ~ m the above estate and (if applicable) that ecrflR To the Register of Wills: Please eater my appearaace by my sigusture below: Attorney Signature: filed of~c}rd as t~e fast W~h (and Form Rw-nz rev rat uzorl ~ ~ " v w ` age 2 of 2 n I Oa ena Rv,.' .pn , LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this cerificate, $6.00 RECQRl)FO l)~~~C~ ~F 'this is to certify that the information here given is REG~$TER ~~ te°t~ILL$ correctly copied from an original Certificate of Death duly filed with me us Local Registrar. The original IG~C ~E~ b f ~ 1L y~ certificate will he forwarded to the State Vital C f L Records Ofticc for permanent filing. ~ 18883015 CLERK OF ~(~~~~~,~~,{,~ 0 7~1 h012 Certification Number -~RPNANSr' Ct~URT "~ ~~$~R~6 1/r1 aar~e _ Local Registrar Date Issued YP mP.lnt t° Q~~ WF/ILTM OF PENNSYLVTNIq • DEPA0.TMENT OF HEALTH V TqL PECOgOS 1. Deaaenrz Legal rv.me 1FLn, mmele, Laze sunlal ~"~ k e yr UGA TH State Flle Nu b 2 I securltY Numbe 4_ a O to Genevieve Margaret Levis ]ca Fem 3_s°237-30-6601 °r Da.m tmn/o.Y/v.t lspan M°( s L ° t ge av rvrar sb. u 'ear L yeo. October 19, 2012 - a:89na x, nay c 1 ~n ee pr Blrtn IM°/ /vea.l lspeu mo `- °a m n Pn av Hp°, mPt ) b r.ce (eiey ena staee P. Fo..gCep trvl a Jan 8, 1923 ._ Capatle Ha 1LVV a, pea aena Isoee °, Fprelgn cPwervl Bb.p{.yaen~ Isireet acne I~.np~~ Iva ~b. gl mw p O°nM ne, ole Dec.een<ue m g Ppz 44L all]il -I ~~~1 gc v pct nan a 1 a gtl. peal etc Wry, om ° ea. aeppaent lmea In s Cumber land ge. ,,¢ ¢InP Cpae, 17013 L$ao, aeceaent u.,ee wumn umlti°. Carlisle twp 10 ez °~'/b°.°_ O v ~rv ° unknown 0 oroormatP a I aMn ° M mpwee u. surm Ing sppparz rvame I wrre TOeN l gwen a fr e a e I < . Ounknow m p, or Pna<ma.Haeq .IFtrzt. Mmare, aze surq>I F Andrew Duniteon 3_~ ne:arv~.oNp~g~Marnage lPl.a<. Mlaere. uatl can 14a. mrp.m.nr: Name o vae. pel.npnanr Mary Margaret snolce tp Deceaant ai b an~N daug a3 ma~, a~rtu~ a ym er,C sc CPtle z I t e ~ ._ ................_......._......._....... Ari e, pA 1701 s ~r m o a ; .. a aP De.< n Deam ocpp.rea m. Hoapnal. .._..... ...._...._..._.... ..._.......... C7lnpanept .................... ~^.y opt .. . ........................... !It Oea[I~~OCCUmea Spmawn E O n v~ er¢ t er TlTana XPipital. mergency q°°m/OUtpa<I¢nt ° Oeatl °n grrlval ~ urxln{ Xpma/Lang-Te.m Ca ~ X°spl ce Faclna' C]"o:«ae,;`e4'8';:;:"' 156. Faclllty Name (I( F l re acl lty p<rye not InxHtutlon, glue street antl number; 15c. State, a Zlp C tl (3p¢cr/y) cl v Thorn weld Hom w n' 4 e Cat,7 is 7Q, PA 1x/013 3 a. u por De n etbpe of Dlapoalepn ®g s Cr'OV mber~and I a v ~ q O empo[^cP D rema<I°n Oa<e o.Olaposltlnn S6c. Place of Olspozl<I°n (Name of cemetery, czema[Pry~ Pr °[ne. place) e °""°~ ` 10ct 22, zolz S sc«` l t. stanislaus Catholi c Church Cemeter °r o l 1 I appa y pn taw °~ rpw°, state, ena nw gn mre or F Cast1 Pner same m me Pr erapn In cnar{e Pr mermen. vb e Haynes, NC u . Q. ~f~il°~L 1zHO~man-~`~qt-°t°~ F °. FOneral unera~tl~om 6 ~ e Cr story, 219 North Hanover .Str pp e. Deaaenr, Ea PCatlpn - eck me b°. ma boat eeaarroe, me zs eet, Carlin7e, 17013 no agent o. Xlap.mc ong r a m aom r t me ama p<aeam. bP.~nat boat aezPHbez wneue. me a«=a eeM1k Oc E oq MOgE rapes m Inmate woes o seae. errlie::' ° p etas a n °e t na a« e~ ° . ~o~aa t en , , e in/m z v °, n.aerr <o b¢. n ° alpl°ma, stn - aztn grace n .pu a N [q wnm¢ m e e e~aa~oeasp , - nb w. ' eaa . , X O K p n Xleb amoa eraavata Pr cEO apmpretm / n~n• aleck °, nrnp.n gmenaan ~ NP, n spanlan/XXpamc/Lxlno n°. some =pu ge Crean ° y~°<~.maza bP<np a re = tl , g e ° gmer a.n mara° Pr ql.:ka rv a9v ° omen qa.n ° q Pc ate ear=e m.g. aq, qsl ° Y * an gmeHaan, cwanP ° gzmnlmal an ° Bacnela~ z tleg.ee (e. Bs) ° Y uert° cvn ° cnlneae ° N ¢ Hawallan ee a te ' nlan nr cnam°rrp g gdgn,"M mE o v . e n N ¢ [ . n{, MEd. Msw Bql an/Xlapanlcnaln° ° Flllwn° ° o[M1C v e . . a, sp. 0 0 pcto.a nD, EaDIp is ~~~l ee ° apaneae . Pmre ~ sree a tspedry) mo 0o ° omen Ispearro O anc Isl.me. a. , a s u o , 3. Dea nt~a smgre q e a lgn en D[wmte - a n- oak ONLY onE[p lnmata woes me oacaaam aPnamerea nlmzenpr nerzeg b ° m e. O ,.pane ° sampan zza_ Deaaenra uFPal o«Ppmm - maaae type os work ° emck or gasman gm¢nan O K°reanzG O Omer Pa a°ne aurln{ moat pI wprkin Ilr IFl ^O g I l g c e ° C s antle. mer an Intllan p. glazka N O NOT USE gET1gED. ° Vietnamese n Intllsn atN¢ ° O 't Know/N°t Sure HOmemalcer ° qsl ' ° OMer gzlan °Fllipin° °N eHawallan °O<her(Specrry) 32b. Klna or BUZlnaxs/Intlui<ry "amanlan °. °o cnamp,a Own Home ITEm psaa -zee rwuar BE comPLEreo z3B e ON WXO ppONOUNCES Oq ll Dare P erg°unc a Dees m° o.v r z3 sgnac ¢ p ers°n clog Deat (O CE RTIF 1Fg 2 ,4 120` ` _ tl a OE/LTX VC.. W~ n y w Ica 23c. Llcenie Num e gnm tM av/v.l a. Tlm¢pc Dean ~ / _ ~~ ~g.~X.i~ v o~ :s aa.r~( 'eniz9~~4o- ~ 23.W.aMeelael ° .nmer pr epraner cone Yez CAUSE OF O EATN 2 r the almazes I mtP. ea, mpuaupna-mat aneaN aoae me aeatn exprracory arrest pr ven<.r APPrpvl Do rvDT s<e l Nb . . cu ar ante. term Inal events rlllatl°n wlmout anpwing toes etl gy. OO NOT gBggEVIgTE. Enter °nl zucM1 as certllac a,rert i a Ime,., nip v one acm e pas a Ime, pees aeemlpnal cnaa a naeaaarv IMmeDlgre cqusE on:¢<m D.an L \V~ GT _.______> a ` . B S. .e_ 1 LZ ~' P ( i n q.Pn t . 1 . _ ¢am Ina I~ de..nl ^ ° fi ~ N O seaPan<aIN oat aPnmuPnz, ° Ip p ena cause duet aaacon au¢nce pq~. -~ u caa ~ ~ml z o e a~ Em¢. me ~ unD{pLnNO qusE U (eI: mr rv < DPe p lPr aF rl a m . ~e = e event awa°g a. i ~ ~ Dae m for as a <Pn eavena pas: zetlv.n q F mm o<ne I but n°<resulting In the untlarly n{ cause given In Part I ~ ~ 21. Wa piy perfpr etli $ 2 red <pPSV gntllne Navellable §' tO IFe fete me cause °r tleami I ° n cY ast , Ortl eC Vea 3D. ° N wltnln p Tpbacm U trlEUte to DeetM1T Na ° Y z i g ar DeatM1 ° Y ° Preg °1 eea<n ° p °bab1Y 3~ Nature ° Pregn °u mic ° rv P Bnant wl[nln 42 aaYa o1 tlea<n ~ N ° Unkn°wn ° q < - ° P ° Npt pree" t, but pregnant 43 aeyz tp 1 be.°re tleatn 32. D Infury IMp/Day/Yr115pe11 M n n ° sulcltla ° c ultl ®cnbe a eerrminee ° unknown rr Pregnant wlml., the past year ~ ace ° P t f ° 3- ilm. °5 rn)ury . Glace pf Infury le,g. n°me, c°nrt.uctipn site; fa.m, scnoPl) LPCatI t t - Pn °f Im~ry s react antl vumb.,, Clty, State, Zip CPtle) InOrV a °•k a pn Inlurv edN: , ' [ O o . oezcnbe X° Inbrv occurred. ey0 ° p NP O Paza n er p o e. tspmrM ~ • m l B~ p ~, em ak °,.I ^ T eemryl ° P n n g & cartirymg ppbazt Pr my kmwl.ega, a¢a<n pcaurr¢a a°e to me aauz¢Iz) ena m eaa IaIan Y a z O az v p eaz<°r m; knowl¢aga, seam occurretl at the ° M.tllcal E:vminer/CO ea<e, antl ce antl tlue to tn¢ cavae(i) antl m tatl n fns b I f et on, antl/Pr Inv¢ztlgatlpn, In m pplnian ,u ' xam n tleatn r , p<cu race, antl tlue < retl at tM1a Ume. ea<e~ antl p p Me cauae(i) antl manner its tatl tore °f c¢rtlger: °r certlFle T le L a ume r: ~~'~ O (L.ZE'( t< eareaa Z t Person cpmprenng caPZe Na Gc r D I ¢ n P e.m cnam 261 ` P ~~uVa-. 3 v +vN~ v t.-O ' .. ~ q. l~ n¢a M°/Davnrl aeI 1 Lve ~rsWa. CZ sea, O'P "7e RS DISCI^t rvum «. g i ag a<ra (`~` gl,t , Mn a r ` z g¢ ` O 0<V6 `a'` ` O 1~ gmcnCT cn a DlaPpinlp°P¢rmn ~a$rf H1D3.343 Np. qEV D,/2D31 ~~~x ~i11 ttrt~ UP~t~zirt~rtt STATE OF NORTH CAROLINA covNTY of NEw HANOVER C'7 c to m r- x9` C:1 LAST R'II.L AND TESTAMENT OF GENEVIEVE LAVISKA 0 an '~ s z. x U7 C^I O <= ,:,~ -i ["5 <~ ~U r r. c -= m o ~ r~~ n c-~ G~ rn cs ri TJ :+l t? {•~ _~ ~rl ~~, -`J %.t I_ . .~ rc~ Cn V1 I, GENEVHsVE LAVISKA, also known as GENEVIEVE MARGARET LAVISKA, and GENEVIEVE DUNITSON LAVISKA of the County of New Hanover, and the State of North Carolina; being married to MIKE LAVISKA; having three children, being JOANNE L. BLUBBER, JAMES MICHAEL LAVISKA, and MARY MARGARET SNOKE; do make, publish and declare this to be my LAST WILL and TESTAMENT; and I hereby revoke all Wills and Codicils heretofore made by me. ARTICLE ONE PAYMENT OF DEBTS AND EXPENSES 1.1. I direct that my funeral expenses, including the costs of a suitable grave marker, and all legal debts allowable as claims against my estate to be paid out of the general funds of my estate. ARTICLE TWO ADMINISTRATION EXPENSES 2. L I direct that all estate, inheritance, and other death taxes (including interest and penalties, if any) together with the expenses of my last illness and all administration expenses, payable in any jurisdiction by reason of my death (including those taxes and expenses payable with respect to assets which do not pass under this MY LAST WILL and TESTAMENT) shall be paid out of and charged generally against the principal of my residuary estate. 2.2. I waive any right of reimbursement for, or recovery of those death taxes and administration expenses, except reimbursement for, or recovery of any federal or state estate tax attributable to property in which I have a qualifying income interest for life, or over which I have a power of appointment. ARTICLE THREE DISTRIBUTION OF MY ESTATE 3.1. I give, devise and bequeath unto my husband, MIKE LAVISKA, if he shall survive me, absolutely and in fee simple forever, all of my property, both real and personal, tangible and intangible, wheresoever situated and howsoever held, including any property over which I hold the power of appointment, my Residuary Estate. ARTICLE FOUR PRESUMPTION OF SURVIVAL 4.1. If my husband MIKE LAVISKA and I shall die/l/~[1der such circumstances that there is not sufficient evidence LAST WILL AND TESTAMENT OF GENEVIEVE LAVISKA_-!~ to determine the order of our deaths, then it shall be conclusively presumed that he predeceased me; and my estate shall be administered and distributed in all respects in accordance with such presumption. 4.2. If any of my children JOANNE L. BLUBBER, JAMES MICHAEL LAVISKA, or MARY MARGARET SNOKE and I should die in a common disaster or accident, or under such circumstances as to render it doubtful which of us died first, it shall be conclusively presumed that said child predeceased me; and my estate shall be administered and distributed in all respects in accordance with such presumption. 4.3. if any other Beneficiary and I should die in a common disaster or accident, or under such circumstances as to render it doubtful which of us died first, it shall be conclusively presumed that said Beneficiary predeceased me; and my estate shall be administered and distributed in all respects in accordance with such presumption. ARTICLE FIVE FAILURE OF SURVIVAL 5.1. If my husband, MIKE LAVISKA, shall fail to survive me, I give, devise and bequeath my Residuary Estate unto my children JOANNE L. BLUBBER, JAMES MICHAEL LAVISKA, and MARY MARGARET SNOKE, if each shall survive me, such that there shall be given, bequeathed, and devised: 5.1.1. One (1) equal share as is practical unto my daughter JOANNE L. BLUBBER, 5.1.2. One (1) equal share as is practical unto my son JAMES MICHAEL LAVISKA, and 5.1.3. One (1) equal share as is practical unto my daughter MARY MARGARET SNOKE. 5.2. If any of my children, JOANNE L. BLUBBER, JAMES MICHAEL LAVISKA, or MARY MARGARET SNOKE shall fail to survive me, I give, devise and bequeath that share of my Residuary Estate that said JOANNE L. BLUBBER, JAMES MICHAEL LAVISKA, or MARY MARGARET SNOKE should have taken, had she/he not failed to survive me, unto her/his then living natural issue, per stirpes, the share their ancestor would have taken if living. 5.3. If any of JOANNE L. BLUBBER, JAMES MICHAEL LAVISKA, or MARY MARGARET SNOKE fail to survive me, not leaving natural issue, I then direct that that share that said JOANNE L. BLUBBER, JAMES MICHAEL LAVISKA, or MARY MARGARET SNOKE should have taken, had she/he not failed to survive me, be given, bequeathed, and devised in as equal shares as is practical among the surviving of JOANNE L. BLUBBER, JAMES MICHAEL LAVISKA, and MARY MARGARET SNOKE such that there shall be one (1) equal share to each of the survivors thereof, or perstirpes, unto the natural issue thereof, the share their ancestor would have taken if living. ARTICLE SIX APPOINTMENT OF MY EXECUTOR 6.1. I nominate, constitute and appoint my husband, MIKE LAVISKA, as Executor of this my LAST WILL and TESTAMENT. 6.1.1. If MIKE LAVISKA fails to survive me, or is otherwise unable or unwilling to serve as Executor, I then nominate and appoint my daughter JOANNE L. BLUBBER as First Successor Executor, my son JAMES MICHAEL LAVISKA as Second Successor Executor, and my daughter MARY MARGARET SNOKE as Third Successor Executor of this my LAST WILL and TESTAMENT. 6.1.2. If all of MIKE LAVISKA, JOANNE L. BLUBBER, JAMES MICHAEL LAVISKA, and MARY MARGARET SNOKE fail to survive me, or are unable or unwilling to serve as my Executor, I then give the last serving of MIKE LAVISKA, JOANNE L. BLUBBER, JAMES MICIIAEL LAVISKA, and MARY MARGARET SNOKE the power to appoint a Successor Executor to serve in his or her place. 6.1.2.1. Any Successor Executor so appointed shall have [he same powers, duties, and obligations of the original Executor named herein. J\J~///'~ LAST WILL AND TESTAMENT OF GENEWEVE LAVISKA (/ J __ Z 6.2. Absent death, no resignation by my Executor shall be effective until written: 6.2.1. Notice of ability not to serve shall be given to the Successor Executor and the Court of competent jurisdiction by my Executor, and 6.2.2 Acceptance of the obligation to serve shall be given by the Successor Executor to the Court of competent jurisdiction. 6.2.3. Any inter vivos designation of a successor maybe revoked by my Executrix or Tmstee (Fiduciary) at any time before it becomes effective. 6.3. No Executor of this my LAST WILL and TESTAMENT shall be required to furnish bond, or other security, as Executor. 6.4. No Executor shall be liable for errors of judgement in good faith or for the acts or neglect of preceding Fiduciaries. 6.5. I specifically give any Executor that serves on my behalf authority to appoint an agent within the State of North Carolina to accept service, represent him/her before the courts, and to conduct that business which he/she may not be able to conduct since he/she is not a resident of the State of North Carolina. 6.6. As for compensation that may be received by my Executor for services pursuant to probate of this MY LAST WILL and TESTAMENT, if: 6.6.1. My husband MIKE LAVISKA shall serve as Executor of this MY LAST WILL and TESTAMENT, he shall receive no fee pursuant to the probate of this MY LAST WILL and TESTAMENT, but 6.3.2. Other than my husband MIKE LAVISKA shall serve as Executor of this MY LAST WILL and TESTAMENT, she/he may receive a fee of one percent (1%) of the value of the assets so held in my Estate. 6.7. My Executor may receive reasonable reimbursement for the expenses incurred pursuant to his/her duties as my Executor. 6.7.1. My Executor may waive this reimbursement. ARTICLE SEVEN POWERS AS TO MY EXECUTOR 7.1. I confer upon my Executor all the powers granted to fiduciaries under the laws of the state of North Carolina, and particularly under the statutory provisions contained in Code Section 28A-13-3, and Section 32-27, subject to the restrictions of North Carolina General Statute, Section 32-26, in effect at the signing of this MY LAST Will and TESTAMENT whether my estate is administered in the state of North Carolina or elsewhere. 7.1.1. I incorporate that statute into this agreement by this reference. 7.2. In addition to any powers granted by Law, I give my Executor power, exercisable in the discretion of my Executor and without Court Order, to retain, sell (at public or private sale), exchange, lease for any terrrt (even [hough commencing in the future, or extending beyond the date of final distribution of my Estate), mortgage, pledge, or otherwise deal for any purpose with the property, real or personal, from time to time comprising my Estate, for such consideration and on such terms (with, or without security) as my Executor shall determine; to borrow money for any purpose, at interest rates then prevailing, from any individual, bank, or other source, irrespective of whether that lender is then acting as an Executor; [o invest in any property whatsoever; to compromise or abandon any claims in favor of, or against my Estate; to hold any property in the name of a nominee, or in bearer form; to employ accountants, depositories, attorneys, and agents (with or without discretionary powers); to execute contracts, notes, conveyances, and other instmments, including instrument, containing covenants and warranties binding upon and creating a charge against my Estate, and containing provisions excluding personal liability; to make distributions wholly in cash or in kind, or partly in each; to allot different kinds, or disproportionate shares of property, or undivided interests in property among the Beneficiaries; and to deterrine the value of any property distributed in kind. LAST WILL AND TESTAMENT OF GENEVIEVE LAVISKA ~ 7.3. I direct that in making distribution of my estate, the decisions of my Executor, or Tmstee, in making allocations in fulfillment of the bequests and devises hereinbefore set forth, and described be absolute and final, and binding upon all persons. ARTICLE EIGHT MY EXECUTOR'S POWERS AS TO ANY BENEFICIARY WHO SHALL BE LESS THAN TWENTY-ONE (21) YEARS OF AGE 8.1. If any of my Estate principal or income shall be bequeathed in a Beneficiary be less than twenty-one (21) years of age, my Executor shall have the authority, in my Executor's discretion, and without court authori2ation, to make payment or distribution of any principal and/or income vesting in and payable to any Beneficiary in any one or more of the following ways: 8.1.1. Paying the same to the parent, guardian or other person having the care and control of such Beneficiary and the receipt of such payee shall be full acquiescence to my Executor, 8.1.2. Paying the same to any relative of the Beneficiary as custodian for the Beneficiary under any applicable Gifts to Minors Act, or 8.1.3. Select a custodian for the Beneficiary under the Uniform Gifts To Minors Act or under the Uniform Transfers To Minors Act of the jurisdiction where the Beneficiary resides without court order, or 8.1.4. Deferring payment or distribution of any part or all thereof until the Beneficiary reaches twenty-one (21) year of age, meanwhile applying to such Beneficiary's use so much principal and income therefrom, and at such time or times as my Executor may deem advisable, or 8.1.5. Distribute or pay part or all of the Beneficiary's property to the Tmstee of any trust created for the sole benefit of the Beneficiary. 8.2. My Executor, in her/his discretion, may apply part or all of the Beneficiary's property for the Beneficiary's support, health, and/or education. 8.2.1. If my Executor decides that such distributions for said Beneficiary's health care and/or educational tuition are in the best interest of the Beneficiary, my Executor shall make al[ such distributions, (said distributions to be made as much as possible from the income so earned), for said Beneficiary's education and/or health care directly to the provider of the education for the payment of tuition, and to the health care provider jot treatment; and NOT to the Guardian of said Beneficiary, or to the Beneficiary. 8.3. Any income not expended by my Executor shall be added to principal and my Executor shall pay over and disburse the principal to the Beneficiary upon such Beneficiary attaining the age of twenty-one (21) years. 8.4. My Executor, in administering this property, shall have all of the authority granted to fiduciaries under North Carolina state law, and under the provisions of the previous ARTICLE SEVEN of this MY LAST WILL and TESTAMENT. 8.5. My Executor shall account in the same manner as a Tmstee. 8.6. My Executor shall not be required to post bond, file inventory, appraisal, account, or report to any court, but shall be required to furnish, by certified United State Mail, return receipt requested, at least upon the first (1st) day of March of each year, to each Beneficiary, or to his/her Guardian, and to each Remainder Beneficiary, a statement giving a summary of receipts and disbursements during each account period and assets on hand at the each of the account period. 8.6.1. Such accounting are deemed correct and are accepted as correct if no notice to the contrary is received by my Executor within ninety (90) days upon registered receipt. 8.7. If any said Beneficiary shall fail to reach twenty-one (21) years, I direct that his/her share shall be distributed to my Remainder Beneficiaries as I direct in ARTICLE FIVE of this MY LAST WILL and TESTAMENT. LAST WILL AND TESTAMENT OF GENEVIEVE LAVISKA _ 4 8.8. My Executor may be entitled to an annual fee of one-half of one percent (.005%) of the value of my estate so held for said Beneficiary pursuit of her/his duties hereunder. 8.8.1. My Executor may waive this compensation. 8.9. My Executor may receive reimbursement for expenses incurred pursuit of her/his duties hereunder. 8.9.1. My Executor may waive this reimbursement. 8.10. My Executor may select any fiduciary named in this MY LAST WILL and TESTAMENT as such custodian without conflict of interest. ARTICLE NINE RULE AGAINST PERPETUITIES 9.1. Notwithstanding anything in this MY LAST WILL and TESTAMENT to the contrary, I direct that no bequest created hereunder shall continue for a period longer than permissible under North Carolina's Rule Against Perpetuities, and upon the expiration of such period, each such bequest shall terminate and the assets thereof shall be distributed outright to those persons then in being who would be entitled to receive the bequest principal from that trust at the time of the termination said bequest. ARTICLE TEN NO CONTEST CLAUSE 10.1. I direct that in making distribution of my estate, the decisions of my Executrix in making allocations in fulfillment of the bequests and devises hereinbefore set forth, and described be absolute and final, and binding upon all persons. 10.2. In the event any Beneficiaryunderthfs MY LAST WILL and TESTAMENT shall, singly or in conjunction with any other persons, contests in any court the validity of this MY LAST WILL and TESTAMENT, or shall seek to obtain an adjudication in any proceeding in any court that this MY LAST WILL and TESTAMENT or any of its provisions, or any of its provisions is void; or seek otherwise to void nullify, or set aside this MY LAST WILL and TESTAMENT, or any of its provision; then the right of that person to take any interest given to him or her by this MY LAST WILL and TESTAMENT shall be determined as it would have been determined had the person predeceased the execution of this MY LAST WILL and TESTAMENT without surviving issue; and such benefits shall be deemed bequeathed, or devised to the remaining legatee(s), or devisee(s), named therein. ARTICLE ELEVEN SPENDTHRIFT CLAUSE 11.1. I hereby direct that no Beneficiary of this my LAST WILL and TESTAMENT may encumber his/her share of this my Estate for the benefit of creditors. 11.2. My Executor, or Successor Executor, is specifically forbidden to make any payments to creditors on behalf of any of my Beneficiaries. ARTICLE TWELVE MY FUNERAL 12.1. I direct that my funeral services be in the form of a Requiem Mass to be held at SAINT STANISLAUS ROMAN CATHOLIC CHURCH, CASTLE HAYNE, NORTH CAROLINA. LAST WILL AND TESTAMENT OF GENEVIEVE ~_ 12.2. I further direct that my remains be interred in the cemetery at SAINT STANILUS ROMAN CATHOLIC ', CHURCH, CASTLE HAYNE, NORTH CAROLINA, according to plans I have made with ANDREWS MORTUARY of WILMINGTON, NORTH CAROLINA. ARTICLE THIRTEEN FAMILY BOND CLAUSE 13.1 It is my desire and hope that my children, JOANNE L. BLUBBER, JAMES MICHAEL LAVISKA, and MARY MARGARET SNOKE, will continue to maintain a family bond and relationship, and cooperate in every way in the probate of this My LAST WILL and TESTAMENT. ARTICLE FOURTEEN SEVERABILITY CLAUSE 14.1. If any provision of this my LAST WILL and TESTAMENT is unenforceable, [he remaining provisions shall remain in full effect. ARTICLE FIFTEEN GOVERNING LAW 15.1. This instrument and all dispositions hereunder shall be governed by and interpreted in accordance with the Laws of the State of North Carolina. ~..ee~.xeeeeeeeew«..eeeeeeweweeeexewe.weeeeeeeeewwwwwewwwwww IN WITNESS WHEREOF, I, GENE VIE VE LAVISKA, THE TESTATRIX, SIGN MY NAME TO THIS INSTRUMENT ON THIS, THE FIRST (1ST) DAY OF AUGUST, 2000, AND BEING FIRST DULY SWORN, DO HEREBY DECLARE TO THE UNDERSIGNED AUTHORITY THAT I SIGNED AND EXECUTED THIS INSTRUMENT AS MY LAST WILL AND TESTAMENT, THAT I SIGNED IT WILLINGLY, THAT I EXECUTE IT AS MY FREE AND VOLUNTARY ACT FOR THE PURPOSE THEREIN EXPRESSED, AND THAT I AM OVER THE AGE OF EIGHTEEN (18) YEARS OF AGE, OF SOUND MIND, AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE. LAST WILL AND TESTAMENT OF GENEVIEVE LAVISKA_ ~~ _ STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER WITNESS SIGNATURE WE, `-c,,, ~y 1 ~ivc.~nsirteK,and f/~/ynd, ~. "09/4nn~hn , the witnesses sign our names to this instrument, being first duly sworn,) do hereby dec~undersigned authority that the Testatrix signs and executes this instrument as her LAST WILL and TESTAMENT, in our presence, and that she signs it willingly, and that each of us, at the request of the Testatrix and in the presence and hearing of the Testatrix, hereby sign this LAST WILL and TESTAMENT as witnesses to the Testatrix's signature, and to the best of our knowledge, the Testatrix is over the age of eighteen (18) yeazs, of sound mind, and under no constraint or undue influence. ~ (SEAL) _~ 1~~~~ s~(.(-1 /~ WI PRINTED AME ~~b(g'1 cil~t -or• ~~~ (SEAL) l~- borei2'I ~ • ~; ~ nbwr~. WITNESS PRINTED NAME STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER CERTIFICATION SUBSCRIBED, SWORN AND ACKNOWLEDGED before me by GENEVIEVE LAVISKA, the Testatrix, and subscribed and sworn to before me by: m / '/~(C~.a~ a•~. ~gnri~n. ,and LF~jO/ZGI-I L. ~ llt~i, l~e.K the witnesses, this, the day of August, 2000. ,i h ~ ~~ ~ ~ ' Q is i ~, ~ ~- ~~ Yl p (}Y:\.~'' ' ;;~; </ _~ _.~....Aletery Public My Commission Expires: ta0''~~MN1tSSIOND(PIRESJULY282002 LAST WILL AND TESTAMENT OF GENEVIEVE LAVISKA DEFINITIONS A. "Executor." The term "Executor" includes any personal representative or representatives of my estate acting under this MY LAST WILL and TESTAMENT such as a successor Executor or Executors and any Administrator with the MY LAST WILL and TESTAMENT annexed. It also includes the term "Executrix" whenever the context requires it. B. "Death Taxes." The term "death taxes" means inheritance, estate, additional estate tax on excess retirement, accumulation, generation-skipping, transfer and successiontaxes, and any interest and penalties on these taxes, imposed by reason of my death by any jurisdiction with respect to property passing under or outside the provision of this MY LAST WILL and TESTAMENT or any codicil to it which is includable in my estate for the purpose of determining such tax. C. "Child," "Children" and "Issue." The terms "Child" and "Children" mean lawful lineal blood descendants in the first degree of the parent designated, and the term "Issue" means lawful lineal blood descendants in any degree of the ancestor designated, but such terms shall include any person adopted prior to the time that person reaches the age of eighteen (18) and the lawful lineal descendants of any such person, whether of the blood or by adoption prior to such age. D. "Per Stirpes." Whenever a distribution is to be made to a designated ancestor's issue who are living at a designatedtime and such distribution is to be made "per stirpes,", such distribution shall be made by first determining the generation nearest to such ancestor which has a person who represents that generation and who is living at the designated time. The property to be distributed shall be divided into as many equal shares as maybe necessary to allocate one share to each then living person of the generation and one share to each deceasedpersons of the generation who left issue who aze then living. Each living person of that generation shall receive one share, and the share of each deceased person of that generation shall be divided among his or her then living issue in the same manner. E. "Power of Appointment." A Power of Appointment is a power or authority conferred by one person by deed or MY LAST WILL and TESTAMENT upon another to appoint, that is, to select and nominate, the person or persons who are to receive and enjoy an estate or an income therefrom or from a fund, after the testator's death, or the donee's death, or after the termination of an existing right or interest. F. "Give." "Give" shall be deemed to include the term "bequeath" or "devise" when appropriate. G. "Survive Me." The term "survive me" is to be constmed to mean that the person referred to must survive me by thirty (30) days. If the person referred to dies within thirty (30) days of my death, then reference to him/her shall be construed as if he/she had failed to survive me. H. "Inter Vivos." Between the living; from one living person to the other. I. "Natural." Proceeding from or determined by physical causes or conditions as distinguished from positive enactments of law. LAST WILL AND TESTAMENT OF GENEVIEVE LAVISKA e