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Home My WebLink About11-26-12PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form: Decedent's Information Name: Helen J. McCann File No: 1 ~~ -/ ~.,~ a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 11/21/12 Age at death: 98 Decedent was domiciled at death in Cumberland County, Pennsylvania (state) with his/her last principal residence at 1000 West South Street, Carlisle Borough Cumberland Street address, Post Office and Zip Code City, Township or Borough County Decedent died at 1000 West South Street, Carlisle Borough Cumberland Pennsylvania 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 $ 200,000 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.... $ Real estate in Pennsylvania situated at: N/A (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 28, 2005 and Codicil(s) thereto dated N/A State relevant circumstances (e.g. renunciation, death of executor, etc.) Except as follows: after the execution of the instrument(s) offered for probate Decedent did not marry, was not divorced, was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(g), and did not have a child born or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. O NO EXCEPTIONS Q 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. O NO EXCEPTIONS O EXCEPTIONS Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (attach additional sheets, if necessary): Name Relationshi Address _~_, ~__. ~..F ~,~ - - ~` ~ - _.. ~ .. . ___ .~ .-,-. ,: - __ .~ ' 9 ~ -. .m ~ t r _..y ` .. ~....._1 : _ . ... 1..~ -~ ti/ r • -~ -. _ '~..::. r Fornz ~w oa rev. ~oilliaoll Page 1 of 2 Vatri of Personal Kepresentative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } 1} f vLxi~iai vac vuiy ,--- - Petitioner(s) Printed Name Petitioner(s) Printed Address ' ," John H. Castles 48 Tunbridge Lane, Carlisle, PA 17015 ;; .; ; _- -~.,.., -: w_.~ ___ w _ ~~ ~• ~ ~~ 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 \, the Petitioners will well and truly administer the estate according to law. `. ~. ) Sworn to of armed a cri ~i be f~~r~ ~ ~ ~ ~ '~ `~'~ y~ ` '~' ~= Date ~ >J~..G~ l ~ me this t~av o _ ~ t'1J,L ~ ~"~~%t1~~~ ~ v Date By: For e ,Register BOND Required: Q YES (~ NO FEES: Lett s ...................... $ ~ •~ ( -)Short Certificate(s)...... i? ( )Renunciation(s)........ . ( )Codicil(s) . ........... . ( )Affidavit(s)........... . Bond .. . .................... . Commission ................. . Automation Fee . .............. JCS Fee . .................... ~;.~ C) TOTAL ..................... $ Date Date To the Register of Wills: Please enter my appearance by my signature below: Attorney Signature: ~ .. Printed Name: Robert G. Frey Supreme Court ID Number: 46397 Firm Name: Frey & Tiley Address: 5 South Hanover Street Carlisle, PA 17013 Phone: 717-243-5838 Fax: 717-243-6441 Email; rfreyC freytiley.com DECREE OF THE REGISTER Estate of Helen J. McCann a/k/ae ~. AND NOW, 1 ' `t' ~ , ~ ~~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentaty~ are hereby granted to John H. Castles in the above estate and (if applicable) that the instrument(s) dated November 28, 200 described in the Petition be admitted to probate and filed of record as the last Wi (and codicil(s)) of Decedent. Register of Wills ~ ~ )~ ~l / ~.,~E1L-~ Form RW-02 rev. 10/11/2011 ~ ~ ' ~~~. "be 2 Of 2 ~~N' Y"a ~i~ 5.~411f'4 'fsii lZ~~L7 Y.. '~V ~~.~ 4. ~,. -. S_ .. ~ • i_ L, ~ . _.~,. J ~'v.. ~.,]. t~i~' ,Ci-'„~il';ii~. ". - I;~ i~ I I~)~~ ~~ t. 1'4~ ~ (.. J'. ,~.- .~.,.• `~°°~ i ~~ ,,~ ,~ ~~ ,. ~. ~,~ T - ~ ~,; t . .. a .~ti ~_t'lll~!tv.lir° l~~ l~l';ltif - t . ,i.':~t; i;i the `~(ai-1;~ '~, 3fi<1~ .iCi~. ?iiSll~' ~ ~i'~'~ ~~~'c~ 4 ~2 012 _ _--_ _ _-------N~~l- 2---~! ----_ ype/Print In COMMONWEALTH OF PENNSYLVANIA ~ DEPARTMENT OF HEALTH _ VITAL RECORDS Permanent ___._,. ("FRTI~IC`ATG !lC rICATu 0 v ~`` DJ z 0 u D O_ Q Z Mate rile rvumoer: 1. Decedent's Legal Name (First, Middle, Last, Suffix) 2. Sex 3. Social Security Number 4. Date of Death (Mo/Day/Yr) (Spell Mo) Helen J. McCann emale 201-18-8464 November 21, 2012 Sa. Age-Last Birthday (Yrs) Sb. Under 1 Year Sc. Under 1 Da 6. Date of Birth (MO/Day/Year) (Spell Month) 7a. Birthplace (City and State or Foreign Country) ~, Gig Months Days Hours Minutes June 27 , 1914 - - 76. Birthplace (County) 8a. Residence (State or Foreign Country) Sb. Residence (Street and Number -Include Apt No.) Sc. Did Decedent Live in a Township? PA 1000 W_ South St_ QYes decedent lived in 8d. Residence (County) , twp. Cumberland 8e. Residence (Zip Code) 1$NO, decedent lived within limits of Cal"1 i C1 o city/born. 9. Ever in US Armed Forces? 10. Marital Status at Time of Death Q Married ~ Widowed 11. Surviving Spouse's Name (If wife give name prior to first marria e) , g Q Ves (~. No Q Unknown Q Divorced Q Never Married Q Unknown 12. Father's Name (First, Middle, Last, Suffix) 13. Mother's Name Prior to First Marriage (First, Middle, Last) Morgan D_ Heastings Mildred M_ Thompson 14a. Informant's Name 14b. Relationship to Decedent Joh C tl 14 c. Informant's Mailing Address (Street and Number, Cit~~ State, Zip Code o n as es ne hew P 48 Tunbridge Lane, Carlisle, PA 1015 ........................................................................................................ :........ 15a. Place of Death Check only one) 0 If Death Occurred in a Hospital: Q Inpatient - : ..............................0................................ _.....,~++~ If Death Occurred Somewhere Other Than a Hospital: Hospice Facility IJ Decedent's Home ~ Q Emergency Room/Outpatient Q Dead on Arrival _ ~ Nursing Home/Long-Term Care Facility Q Other (Specify) 156. Facility Name (If not institution, give street and number; 15c. City or Town, State, and Zip Code 15d. County of Oeath LL Sarah A_ Todd Memorial Home Carlisle, PA 17013 Cumberland m 16a. Method of Disposition Q Burial ~ Cremation 166. Date of Disposition 16c. Place of Disposition (Name of cemetery, crematory or other place) Q Removal from State Q Donation , Nov 26 , 2012 Hof fman-Roth Funeral Home & C t w Q Other (Specify) rema ory ~ 16d. Location of Disposition (City or Town, State, and Zip) 17a. Sign re of Funeral Servi a Li n of Interment 176. License Number a Carlisle, PA 17013 138504 E 17c. Name and Complete Address of Funeral Facility Hoffman-Roth Funeral Home & Crematory, 219 North Hanover Street, Carlisle, PA 17013 ~ 18. Decedent's Education -Check the box that best describes the 19. Decedent of Hispanic Origin -Check the ZO. Decedent's Race -Check ONE OR MORE races to indicate what highest degree or level of school com ple[ed at the time of death. box that best describes whether the decedent the decedent considered himself or herself to be . Q 8th grade or less is Spanish/Hispanic/Latino. Check the "No" ~ White Q Korean Q No diploma, 9th - 12th grade box if decedent is not Spanish/Hispanic/Latino. Q Black or African American Q Vietnamese [~ Hi h school d t GED l g gra ua e or comp eted ~] No, not Spanish/Hispanic/Latino Q American Indian or Alaska Native Q Other Asian S ll d ome co ege cre it, but no degree ~ Ves, Mexican, Mexican American, Chicano Q Asian Indian Q Native Hawaiian A i d Q ssoc ate egree (e.g. AA, AS) QYes, Puerto Rican Q Chinese Q Guamanian or Chamorro Bachelor's de ree (e BA AB BS g .g. , , ) Q Yes, Cuban Q Filipino Q Samoan Q Master's de re ( MA MS g e e.g. , , MEng, MEd, MSW, MBA) Q Yes, other Spanish/Hispanic/Latino ~ Japanese Q Other Pacific Islander Q Doctorate (e.g. PhD, Ed D) or Professional degree (Specify) ~ Other (S if pec y) 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 t e of k yp wor Q Japanese Samoan White Q done during most of working life. DO NOT USE RETIRED. Q Black or African American Q Korean Q Other Pacific Islander SOC1a1 Worker Q American Indian or Alaska Native Q Vietnamese Q Don't Know/Not Sure Q Asian Indian Q Other Asian Q Refused 22b. Kind of Businessf lnd ustry Q Chinese Q Native Hawaiian Q Other (Specify) PA Association for the Bli Filipino Q Guamanian or Chamorro ITEMS 23a - 23d MUST BE COMPLETED 23a. Date Pronounced Dead (Mo/Day/V r) 236. Signature of Person Pronouncing Death (Only when applicable) 23c. License Number BY PERSON WHO PRONOUNCES OR ~ /~ __ ~. mow`` Q-~/ ,1 `~C'\ ~ ~~ ~~ CERTIFIES DEATH ~ ~-~) t•) d \ CZ ~ ~ C , tt} ,~ ~q ~-^ ~ ~- ~~ 2t3d^. Date Signed (Mo/Dra y/Vr) 24. Time of Death \ V~--Y`J? ~ V \C~V Q-^rY~ c--~ ~7 `~.~'~ ~~~ 25. Was Medical Examiner or Coroner Contacted? Q Yes No CAUSE OF DEATH Approximate 26. Part I. Enter the chain of events--diseases, injuries, or complications--that directly caused the death. DO NOT enter terminal events such as cardiac arrest Interval: . respiratory arrest, or ventricular fibrillatio n w it hout showing the etiology. DO NOT ABBREVIATE- Enter only one cause on a line. Add additional lines if necessary Onset to Death / ~ ~ r IMMEDIATE CAUSE - > a rnv ~~-~ ~ n OF L } j'~Z ~:.i C C-- Q (~~__~~~- ~1,(xi M--~~ _ (Final disease or 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): w (disease or injury that initiated the events resulting d. ~ v in death) LAST. Due to (or as a consequence of): v 26. Part I1. Enter other s~nificant conditions contributive to death but not resulting in the underlying cause given in Part I 27 Was an autops erformed? . y p C' ~-M.L7 Ni l:.- ~ ~'c,c~ I/ C Y -ty l-1 f Q Yes ®'1~ O° 28. Were autopsy findings avalla ble to complete the cause of death? v v E Q Yes Q No 29. If Femal ~ 30. Did Tobacco Use Contribute to Death? 31. Manner of Death -- of pregnant within past year 0 Y es Q Probably ~IGatu rat Q Homicide ,~ ,,~ Q Pregnant at time of death ~ Q Unknown Q Accident Q Pending Investigation ~ Q Not pregnant, but pregnant within 42 days of death Q Suicide Q Could not be determined Q Not pregnant, but pregnant 43 days to 1 year before death 32. Date of Injury (Mo/Day/Yr) (Spell Month) Q 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 In'u J ry (Street and Number, City, State, Zip Code) 36. Injury at Work 37. If Transportation Injury, Speci fY= 38. Describe How Injury Occurred: [] Yes Q Driver/Operator Q Pedestrian Q No Q Passenger Q Other (Specify) 39a. C 'er (Check only one): Certifying physician - To the best of my knowledge, death occurred due to the cause(s) and manner stated Q Pronouncing 8, 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/Coroner - On t bast f examination, and/or investigation, in my opinion, death occurred at the time, date, and place, and due to the cause(s) and ma n n er stated ~ i / ~ Signature of Certifier: Title of certifier: wi ~ License Number: r~ ~ -'~ ~'4'~~J ~ ' ~- 39b. Name, Address and Zip Code of Person Completing Cause of Death (Item 26) 39c. Date Signed (Mo/Day/V r) vv i w {~-vvL ~ • -CA-u P rrn ilN , ~ p 1 ~i zl s p rL syvt, 2 c ~3+~ C !~+'L L.: s ~ E , ~:-~ ~ ~l c; ii ~ 1 , z 3 f r ~ 40. Registrar's District Number 41. Registrar's Sig ure 42. Registrar File Date (Mo/Day/Yr) ~ 43. Amendments - ~ (y ~ 7 H105-143 Disposition Permit No. ~ ~~ -1 ~ J RFV (77/7nJt ~~- 1 ~ -f ~~~- ~_ ~. ~ , ~.~-, .~.. ~_, ~,~. - -- - - OATH OF SUBSCRIBING WITNESS(ES) ~ ^~ ~' ~°' ~ ` -J -. -~, -_ -. REGISTER OF WILLS ~ -- `~ ~ ~~-=-_ ~~~ - CUMBERLAND PENNSYLVANIA COUNTY ~~ ~ '-~~ ~- ~ ~ `'"~'~-~ , Estate of Helen J. McCann ,Deceased Trisha Liess , (each) a subscribing witness to (Print Name/s) the ~ Will ^ Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that she / he /they was /were present and saw the above Testator /Testatrix sign the same and that she / he /they signed the same and that she / he /they signed as a witness at the request of the Testator /Testatrix in her /his presence and in the presence of each other. _ / i (Signature) (Signature) (Street Address) 5 South Hanover Street (Street Address) Carlisle, PA 17013 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this of , Deputy for Register of Wills (City, State, Zip) Executed out of Register's Office Sworn to or affirmed and subscribed day before me this 24 ~ day 1 r Notary Public c~orNl~+oNw~~rt+ofw~HNSnvnryu- My Commission Expires: `~ NOTARiAI.. SERI. ROBERT G. FREY, NobryPuWic (Signature and Seal of Notary or other official qualified to Borough of Carlisle, Cumberland County PA administer oaths. Show date of expiration of Notary's Commission.) My Commission Expires June ~ 2014 NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. Form RW-03 rev. 10.13.06 ~i/~ /~2~ ...._ --.x3. - r ""ti .--t 1 ~ i _~ __ --r ~ - - _ '...` _ OATH OF SUBSCRIBING WITNESS ES ~: - ~~ ~ ~ -! ~ ) _, . ._ _ ;_ -_ _. _ ,_ .: _ __. REGISTER OF WILLS ~ -' ~ ' ~ `T~ CUMBERLAND COUNTY PENNSYLVANIA ~ ~ ~1~ J Estate of Helen J. McCann ,Deceased Robert M. Frey , (each) a subscribing witness to (Print Name/s) the ~ Will ®Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that she / he /they was /were present and saw the above Testator /Testatrix sign the same and that she / he /they signed the same and that she / he /they signed as a witness at the request of the Testator /Testatrix in her /his presence and. in the presence of each other. ~ :~ ,~ ~ y ; '"'~-~c_k ~L'1 ~ ~,. (Signature) (Signature) 5 South Hanover Street (Street Address) Carlisle, PA 17013 (Street Address) (City, State, Zap) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of ~~ ,'~ j Deputy for Register of Wills ao~~nNOriwF~uni of ~nnvsnvANU~ NOTAf2WL SEAL pOBERT G. FREY, Notary pttWlC Borough of Carlisle, Curnberlan~ Courdr P11 My Commission Expires .tune 1 201 (City, State, Zip) Executed out of Register's Office Sworn to or affirmed and subscribed. before me this Z ~ ~ day of ~U/e ;,.~~ ~`r 2U~ Z. 1/ ~ -=~.T i Notary Public L-~ My Commission Expires: 0 (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. Form RW-03 rev. 10.13.06 LAST WILL OF HELEN J. McCANN I, HELEN J. McCANN, widow, presently of 1969 Chestnut Street, Camp Hill Borough, Cumberland County, Pennsylvania declare this to be my Last Will hereby revoking all Wills and Codicils previously made by me. ARTICLE I Payment of Debts/Expenses• I direct the payment of my legally enforceable debts not barred by a statute of limitations, the expenses of m last illness and the final disposition of my remains from my estate as soon afteym death as may be convenient. Further I bequest the greater of: (i) the sum of y One Thousand Five Hundred ($1,500.00) Dollars or (ii) the minimum endowed trust plan amount as required at the time of my death, to the Whitemarsh Memorial Park Cemetery Association, Ambler, Pennsylvania for the perpetual care, maintenance and upkeep of my burial lot and that of my late husband Wayne McCann. ARTICLE II Personal Property and Household Effects• I give and bequeath certain items of my household furnishings and tangible personal property to my friends and family in accordance with the terms of a written memorandum which I have prepared. Any such property not disposed of by such memorandum, or all of such property if the memorandum is not located or received by my Personal Representative, shall be part of and pass with my residuary estate as provided for in ARTICLE IV hereafter. If the written memorandum referred to in this ARTICLE II is not located or received by my Personal Representative within sixty (60) days after taking office as such, after and upon conducting of a reasonable search for such memorandum, the Personal Representative shall be held harmless for distributing such property as hereinbefore provided. ARTICLE III Specific Cash Bequests: I give the sum of Two Thousand ($2,000) Dollars to my friend Annetta Pennington, presently of Denver, Colorado. Should she predecease me, I direct that her share of my estate be added to and distributed as a part of the residue of my estate. I give and bequeath the sum of $20,000.00 to my nephew JOHN H. CASTLES, and his wife, JIMMY ANNE CASTLES, as tenants by the entirety, in appreciation for the many kindnesses which they have done for me. I give and bequeath the sum of $5,000.00 to my nephew JOHN H. CASTLES and his wife, JIMMY ANN CASTLES, and the survivor of them, in Trust for my grandnephew DAVID CASTLES, presently of Carlisle, Pennsylvania. Should David Castles predecease me, I direct that his share of my estate be added to and distributed as a part of the residue of my estate. I give and bequeath the sum of $5,000.00 to the Trustees of Second Presbyterian Church of Carlisle, Pennsylvania, to be used for general church ,.,_purposes. ~ G.~ ~ €~- .. - ~. .. ~ s ; .~ ~ _ _ t/~3~ - ~"x- ~. ...._ 'i~ ~ ~-~'.Y.. _. ~ .: ~ '_t ''~ ~ ..l .~- _ ~ ~_ `+y- ~. ..~.. ARTICLE IV All the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the same may be situate, including any lapsed bequest, I give, devise and bequeath to the following beneficiaries and in the following percentages as indicated opposite each name: (a) JOHN H. CASTLES and JIMMY ANNE CASTLES, husband and wife, as tenants by the entirety, of Carlisle, Pennsylvania: Seventy Five percent (75%). (b) LEE CASTLES and ISABEL CASTLES, husband and wife, as tenants by the entirety, of Boiling Springs, Pennsylvania: Five percent (5%). (c) CAROL BLAKELY of Shelburne, Vermont: Five percent (5%). (d) CHRISTINE TARBOX, of Radnor, Pennsylvania: Five percent (5%). (e) MICHAEL CASTLES, of Boiling Springs, Pennsylvania: Five percent (5%). (f) JOHN H. CASTLES and JIMMY ANNE CASTLES, husband and. wife, and the survivor of them, in Trust, for DAVID CASTLES, of Carlisle, Pennsylvania: Five percent (5%). In the event that any of the above named residuary beneficiaries has predeceased me, the same shall lapse. ARTICLE V I hereby nominate, constitute and appoint my nephew, JOHN H. CASTLES, of 48 Tunbridge Lane, Carlisle, PA 17013, as Executor of this my Last Will and Testament, but should he predecease me, fail to qualify, or cease serving as such, then in such event I nominate, constitute and appoint his wife, JIMMY ANNE CASTLES as alternate or successor Executor, and I further direct that neither of them shall be required to post any bond to secure the faithful performance of his or her duties in the Commonwealth of Pennsylvania or in any other jurisdiction. ARTICLE VI In addition to the powers conferred by law, my hereinbefore-named Trustees and Executors and their successors are empowered: a. To invest any part of the trust corpus in such securities, investments, or other property as may be deemed advisable and proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. b. With respect to any corporation, the stocks, bonds, or other securities of which may be held, to vote in person or by proxy on any shares of stock; to consent to the merger, consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale of the property of any such corporations; to make any surrender, exchange or substitution of such stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of such corporations; to pay all assessments, subscriptions and other .sums of money which may be deemed wise and expedient for the protection and maintenance of the proportionate interest of the investment in ;k-~- such corporations; to exercise any option or privilege which may be conferred upon the holders of such stocks, bonds, or other securities of such corporations either for the conversion of the same into other securities or for the purchase of additional securities, and to make any and all necessary payments which may be required in connection therewith; and generally to have and exercise as to all such stocks, bonds and other securities, the powers of an individual owner who is not under trust obligation. c. To hold the trust corpus in one or more consolidated funds in which separate shares shall have undivided interests. d. To sell at public or private sale for cash or upon credit, or partly for cash and partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of the estate, and no purchaser at any such sale shall be bound to inquire into the expediency or propriety of any such sale or to see to the application of the purchase moneys arising therefrom. e. To keep on hand and uninvested such money as may be deemed proper and for such period as may be found expedient. f. To compromise, settle or arbitrate any claim or demand in favor of or against the trust estate. g. And authorized in the discharge of fiduciary duties, to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the principal or income of the trust fund, and shall further be entitled to charge against the principal or income such other reasonable expenses and charges as may be necessary and proper to incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. h. In making any division of property into shares for the purpose of any distribution thereof directed by the provisions of the trust, to make such division or distribution, either in cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any division or distribution in kind may allot any specific security or property or any undivided interest therein to any one or more of such shares, and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value for purposes of distribution of the securities or property so allotted shall be final and conclusive upon all persons interested in the trust or in the division or distribution thereof. i. And authorized to register any shares of stock or other assets of any trust in their own names or in the name of a nominee. j. To retain and invest in shares of stock of my Trustee. k. To retain any investments including mutual funds which I may own at the time of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. I. To determine from time to time whether all or some portion of realized capital gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal to be retained as part of the corpus, and such designation need not be consistent from one year to another. ARTICLE VII Death Taxes: Except with respect to the gifts made under ARTICLE III (which gifts shall bear no liability for any death tax thereon imposed), I direct that c~ --~=-~~'~' - ~ } ~ c Fyn,-.,-- ~ =v all inheritance, estate, transfer, succession, and death taxes, of any kind whatsoever, other than any generation skipping taxes, (including any interest and penalties thereon), which may be payable by reason of my death with respect to: (i) property passing under this Will or (ii) any of my nonprobate property, shall be paid out of the property giving rise to such taxes on an incremental tax basis. ARTICLE VIII Protection from Improvidences• No interest of any beneficiary under this Will or of any Trust stated by this Will of any Codicil hereto shall be subject to anticipation or voluntary or involuntary alienation. ARTICLE IX Invalidity: If any provision of this Will or of any Codicil hereto is held to be inoperative, invalid or illegal, it is my intention that all of the remaining hereof shall continue to be fully operative and effective so far as it is possible and reasonable. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament, written on four (4) pages this 28th day of November, 2005 . ;,- ~.~~..~., ' ~ 1 ~_ C~.~~.-- (SEAL HELEN J. cCANN Signed, sealed, published, and declared by HELEN J. McCANN, the Testatrix above named, as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. h _ ._.._ .~