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HomeMy WebLinkAbout12-17-12PETITION 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 requests the grant of Letters in the appropriate form: Decedent's Information Name: Ernest A. Jones Jr. a/k/a: a/k/a: a/k/a: Date of Death: 10128/2012 Decedent was domiciled at death in Cumberland County, principal residence at 20 Cherish Drive Street address, Post Office and Zip Code ~ `.%, File No: 21 . (Assigned by Register) Social Security No: 211-28-3188 Age at Death: 74 PA East Pennsboro City, Township or BofoL (State) with his/her last Cumberland County Decedent died at 20 Cherish Drive East Pennsboro Cumberland PA City, Township or Borough County State Street address, Post Office and Zip Code Estimate of value of decedent's property at death: If domiciled in Pennsylvania ........................ All personal property $ If not domiciled in Pennsylvania ................. Personal property in Pennsylvania $ If not domiciled in Pennsylvania ................. Personal property in County $ Value of real estate in Pennsylvania........... $ 137,563.00 TOTAL ESTIMATED VALUE$ 137,563.00 Real estate in Pennsylvania situated at (Attach additional sheets, if necessary.) City, Township or Borough County Street address, Post Office and Zip Code ^X A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) that he/she/they is/are the Executor(s) named in the Last Will of the Decedent, dated 0112111993 and Codicil(s) thereto dated (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 mar ,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. ^X NO EXCEPTIONS ^ EXCEPTIONS ^ B. Petition for Grant of Letters of Administration (If applicable) c. t. a.; . n.; . n. c. t. a.; pe ente tte; uran e a sen -a; uran a mtnonta e 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. n 3pPa C S~w3 Diced and was neitheathe~ ctim of adk I~ g noroeverdadjud sated aneincapaa,tated personhad been established as defined § (g) ^X NO EXCEPTIONS ^ EXCEPTIONS ~ Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse~i anOand heirs~ach ~ ~ additional sheets, if necessary): G~ ~ ~ ~_ ~ W 'Ti ~ C"'a G' ~ '~ Name Relationship Address ~ y r' ~-" r~i r~ Jac ueline Jones Wife 20 Cherish Drive yy ~ ~~ ~~, ,~~, q Camp Hill, PA 17Q~1 ;.~ „~ ~, -.r ~ N ~~ ~..~ ~ ~~ ~ ~ *~ Page 1 of 2 Form RW-02 rev. 10-11-2011 Copyright (c) 2011 form software only The Lackner Group, Inc. x s .... t -... ~'~: I ~~i 1~ q 3" . ~ U It~V~Rif€~ il~!'74r~ ~~ . ;i'i::,. ~; 4i i;r ''•I~l".=~ '- ~ ~~t 5 li °,-.~~~.~~;t. ,iii, REGl~T~ d~ ~~`~' ~t t e~~tCj - ~ ~ ' ?;~ ~' t ~?~ `St,~s`C' `'~''lt~i~ ~+ ; .~ __ _ ___ __ _ _ --- - ~~ __ ____ _. ~ ~ (i~ 1 ~.<< ~UMBERLA~i (~ y~ ; ...;. 4 L ;. ~, viidd•a COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH ~ VITAL RECORDS Type/Print In Permanent CERTIFICATE OF UEA State File Number: Black Ink 2. Sex 3. Social Security Number 4. Date of Death (Mo/Day/Vr) (Sp/ell Moj 1. Decedent's Legal Name (First, Middle, Last, Suffix) AI ~~~~ 28- 3~8$ ~ ~TO~•iQ 1~~ Z~i2- Sa. Age-last Birthday (Yrs) Sb. Under 1 Vear Sc. Under 1 Da 6. Date of Birth (Mo/Day/Year) (Spell Month) 7a. Bi~~ I~ (Citya~',Satate ~AForeign Country) 7~ Months Days Hours Minutes ~~~ Z~~ ~Q •38 7b. Birthplace (County) f~~~A~~~~;7~ 8a. Residence (State or Foreign Country) Sb. Residence (Street and Number -Include Apt No.) 8c. Did Decedent Llve In a T~~ ? ~ ~e ~Q twp /~` '~'/I/Nf>rLVibdrA' Yes, decedent lived in `~'~+ Q No, decedent lived within limits of -p~/ 8d. Residence (County) K~ ~~~R',s~ y~'~ city/boro. CN D 8e. Residence (Zip Code) I?~ /, Widowed 11. Surviving Spouse's Name (If wife, gQiv~;a~~rior to first marriage) 9. Ever In US Armed Forces? 10. Marital Sta[us at Time of Death Married Q KE ~` Q Yes ~NO Q Unknown Q Divorced Q Never Married Q Unknown G 13. Mother's Name Prior to First Ma~a`ge (First, Mid!ile, Last) 12. Father's Name (First, Middle, Last, Suffix) NE3 - ~-I~~•~~~/ ERNEST To n/tS Sr2 - 14a. Informant's Name 14b. Relationship to Decedent 14c. Informant's M filing Add ss (Street and Number, ~ ity, State, dip Codej SRC47~diCLtwiE To.a~s W i~-~ :ZO C,1',tS/Z'sJ~ J-R caMQ H,,. ~.- . YA^ ---~-•- .. .. ~ .. .. .. ¢o lSa. ace o eat ec on y one •- •-• - """" cedent s Home .. ..... ........................... Hos ice ~ ....... ..........................................~... .. ......... Facile ................................................. ?If Death Occurred Somewhere Other Than a Hospital: ~• P ~e ac If Death Occurred in a Hospital: ~] Inpatient _ Other (Specify) o Dead on Arrival _ Q Nursing Home/Long-Term Care Facility iSd. County of Death Q Emergency Room/Outpatient ~ lSC- Cit or Town, Stage, and Zip Code w 15 b. Facility Name (1~ not insti^i~ g~~streei and number; V ~p ~.Tp,~ CK R ~y Z ~- J~ ~ N Y ~~~~r ~~" ~~` crematory, or other place) r7 Cremation 16b. Date of Disposition 16c. Place of Disposition (Name of cemetery, m 16a. Method of Disposition Burial Q ~OL "~~ G,eE~.~ A~~a~s~ A~.~ Q Removal from State Q Donation ! f/5 ZA~Z Ise !,' grays /'a~s'~ c ~ 17a. Si n e of Funeral Servi~ Licensee or er on in Charge of Interment 17b. License um er ;~ Other (Specify) 16d. Location of Disposition (City or Town, State, and Zip) B //7/~_// z ~~ P E'l' 1'7~~~ O/2/2L L E 17 = dame and C plate Address of Funeral Facility H~ `jam Q~ ~ ~ ~ ~ t m 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 w at White Q Korean i-° highest degree or level of school completed at the time of death- s Spanish/H spanic/Latino.e Check thec No'ent the decedent considered himself or herself to e. Q 8th grade or less Black or African American Q Vietnamese Q No diploma, 9th - 12th grade box if decedent is not Spanish/Hispanic/Latino. Q Other Asian No, not Spanish/Hispanic/Latino Q American Indian or Alaska Native Q High school graduate or GED completed Asian Indian Q Native Hawaiian Q Some college credit, but no degree Q Yes, Mexican, Mexican American, Chicano Q Q Guamanian or Chamorro Q Yes, Puerto Rican Q Chinese ~] Associate degree (e.g- AA, AS) Q Filipino Q Samoan Q Bachelor's degree (e.g- BA, AB, BS) Q Yes, Cuban Japanese Q Other Pacific Islander Q Master's degree (e.g. MA, M5, MEng, MEd, MSW, MBA) Q Yes, other Spanish/Hispanic/Latino Q Q Other (Specify) Doctorate (e-g. PhD, Ed D) or Professional degree (Specify) e. MD DOS, OVM LLB JD a of work 21. Decedent's Single Race Self-Designation -Check ONLY ONE to indicate what the decedent considered himself or herself to be. done du eng most ofaworkingaifen DO NOT USEPR ETIRED. )g White Q Japanese Q Samoan ~f Korean Q Other Pacific Islander ~WNt~.' ~~' ^~Z Q Black or African American ~ pon't Know/Not Sure e Q American Indian or Alaska Native Q Vietnamese Q 22b. Kind of Business/Industry `,'~( Q Asian Indian Q Other Asian Q Refused ~ Q Chinese Q Native Hawaiian Q Other (Specify) -"~/~ A N3 PDQTA-~"~~a Q Filipino Q Guamanian or Chamorro ~Y~ fs ITEMS 23a - 23d MUST BE COMPLETED 23a. Date Pronounced Dead (Mo Day/Yr) 23b. Signature of Person Pronouncing Death (Only when applicable 23c. License Num er BY PERSON WHO PRONOUNCES OR CERTIFIES DEATH 23d. Date Signed (MO/Day/Vr) 24. Time of Death Yes ~ No C•dd ~M 25. Was Medical Examiner or Coroner Contacted? / CAUSE OF DEATH Approximate I nierva I 26. Part 1. Enter the chain of events--diseases, injuries, or complications--that directly caused the death. DO NOT enter terminal events such as cardiac arrest. Onset to Death respiratory arrest, or ventricular fibrillation without showing the etiology. DO NOT ABBREVIATE. Enter onl one cause on a line. Add additional Ilnes if necessary IMMEDIATE CAUSE ---> a. GS /~ L ~~ ~ v ~ y (Final disease or condition D e to (or as a copse ante of). resulting in death) ~ ~ ~1...- ~ % b. Sequentially list conditions, ue to (or as a consequence o if any, leading to the cause listed on line a. Enter the c- Due to (or as a consequence of): UNDERLYING CAUSE W (disease or Injury that initiated the events resulting d- W in death) LAST. Due to (or as a consequence of): - u 27. Was an autopsy pe~rf.,o rammed? 26. Part 11. Enter other significant conditions contributing to death but not resulting in the underlying cause given in Part I Q Ves L~ No 28. Were autopsy findings available v ~ to complete the cause of death ~ Yes Q No m `• 29. If Female- 30. Did Tobacco Use Contribute to Death? 31. Miner of Deat Homicide d Q Yes Q Probably O Natural Q o Q Not pregnant within past year 0 No known Q Accident Q Pending Investigation u ~ Pregnant at time of death Q Suicide [] Could not be determined °~' Q Not pregnant, but pregnant within 42 days of death r= Q Not pregnant, but pregnant 43 days to 1 year before death 32. Date of Injury (MO/Day/Yr) (Spell Month) 33. Time of Injury ~ Unknown if pregnant within the past year 35. Location of Injury (Street and Number, City, State, Zip Code) 34. Place of Injury (e.g. home; construction site; farm; school) 38. Describe How Injury Occurred: 36. Injury at Work 37. If Transportation Injury, Specify: Q Yes Q Driver/Operator ~ Pedestrian ~ No Q Passenger Q Other (Specify) 39a. Certifier (Check only one): ®~rtifying physician - To the bas[ of my knowledge, death occurred due to the cause(s) and mad tesand place, and due to the cause(s) and manner stated ~ Pronouncing 8~ Certifying physician - To the best of my knowledge, death occurred at the time, Q Medical Examiner/Coroner - On the basis of examination, and/or Investigation, in my opinion, death occurred at the time, date, and place, and due to the cause(s) and manner state License Number: ~~' ~»S 7'~ ~` Title of certifier: Signature of certifier: •~"`"" ~~ ~ -- 39c. Date Signed (Mo/Day/Yr) 39b. Name, Address and Zip Code of Person Com letin Cause of Death (Item 26) 4r C~~ ~` ~ L(~ ~~ ~-~T f ~O ^'' i -- I L Gf~EG ~- 1=~~~~~~ ~'~` ~~ 42. Registrar File Date (MO Day r 40. Registrar's District Number 41. Re is Signatur /~ u ~~~ _ O!i ~ 43. Amendments ~g ,. ... .,.. a ~ .. ~ ~:~ z H105-143 Q p AQ REV 07/2011 Disposition Permit No. ~Q~ 8~ ` ` t r ~ • ~ s t ("~: ~ c•_^ ;~ ~ rn ro ~ ~ ~ ~ ~~~ ~ ~~~ ~ ~ ~ -,.~ L A S T W I L L ~ ~?~~- ~ ~:. Y ~ ~ r.:.M ~,~ E R N E S T A. J O N E S J R. ~~ ~_,.~ ~ I, Ernest A. Jones, Jr., of Mechanicsburg, Cumberland County, Pennsylvania, do hereby declare this to be my Last Will, and do hereby revoke all prior Wills and Codicils heretofore made by me. 1. My wife, Jacqueline Jones (hereinafter referred to as "my wife") , and I presently are the joint owners of a residence located at, and known and numbered as 926 Willcliff Drive, Mechanicsburg, Cumberland County, Pennsylvania, which is our usual home. If my wife survives me and at my death, our home, whether it be the one which we now own described above or one which is hereafter acquired by us, is held in any manner which will not result in the passage to my wife of full title to such home by operation of law, I hereby give and devise my entire interest in such home to my wife. If my wife survives me, I specifically authorize my executrix to apply assets of my estate to the satisfaction and discharge of any mortgages, liens and other encumbrances, together with all interest accrued thereon, which may exist with regard to such home at the time of my death, whether passage to my wife of title to such home is by operation of law or under this paragraph 1. If my wife does not survive me, then our said home shall pass as part of my residuary estate hereunder. r .f ~~~~ y __---r -1- 2. I hereby give and bequeath to my wife, if she survives me, my entire interest in and to any and all furniture, antiques, clothing, jewelry, pictures, statuary, works of art, silver, plate, ornaments, bric-a-brac, tapestry, household goods, utensils and supplies, books, linen, china, glass, automobiles, plants, implements, and tools that may be in, at or about our home at the time of my death, and all of my other tangible personal property, together with all policies of insurance thereon. If my wife does not survive me, all of the property above described in this paragraph 2, except to the extent that certain items thereof are otherwise provided for or specifically bequeathed in this Will, I hereby give and bequeath to those of my children, Jacqueline J. Walters, Julianne M. Ezzi, Jeanette J. McGough, Jennifer Jones-Jobes, Jessica E. Jones and Jodi A. Harris, who may survive me at the time of my death, to be divided between them or among them in as equal shares as may be possible, as they may mutually agree; should my said surviving children be unable to agree between or among themselves upon such a division of said property, alternate choice of individual items thereof shall be made by them as follows: the first choice shall be made by my oldest surviving child, the second choice shall be made by my next oldest surviving child, and so on according to age until an equal or nearly equal division and distribution of said property items is completed. k ~~ -2- In the event that I am not survived at my death by my wife or by any of my above-named children, then all of the property which they would have taken under this paragraph 2 had they survived me shall pass as part of my residuary estate hereunder. 3. If my wife does not survive me, I hereby specially give and bequeath to my daughter, Jeanette J. McGough, if she survives me, the Sterling Silver Flatware and the mahogany silverware chest which are located in my home, together with all policies of insurance thereon. 4. If my wife does not survive me, I hereby direct my executrix to sell the 1988 XJ6 Jaguar Sedan at either a public or private sale on such terms as my executrix, in her sole and absolute discretion, shall deem best; provided, that my executrix shall not sell said automobile to any member of my family or their respective spouses with the exception of my daughter, Jeanette J. McGough, if she survives me. 5. If my wife survives me at my death, I hereby give, bequeath and devise to her all of the rest, residue and remainder of my property and estate, of whatsoever nature and wheresoever situate, together with all policies of insurance thereon. 6. If my wife does not survive me, then all of the rest, residue and remainder of my property and estate, of whatsoever nature and wheresoever situate, together with all policies of insurance thereon, I hereby give, bequeath and devise to my children, Jacqueline J. Walters, Julianne M. Ezzi, Jeanette J. r .. ,~ ~- ~ ~. -3- McGough, Jennifer Jones-Jobes, Jessica E. Jones and Jodi A. Harris, in equal shares. Should any of my said children predecease me, then such predeceased child's share shall be divided and distributed equally among or between those of her children who may survive me at my death; should such predeceased child of mine leave no children of her own surviving me, such predeceased child's share of my residuary estate shall pass to my other surviving children, or their children, as hereinbefore provided. 7. In the event that my wife and I die simultaneously or under such circumstances that it cannot be established which of us died first, then my wife shall be deemed to have predeceased me for all purposes under this Will. 8. Should any legatee or devisee under this Will die within ninety (90) days after the date of my death, he or she shall be deemed to have predeceased me for all purposes under this Will. Provided, that if my wife survives me at my death but dies within ninety (90) days thereafter, she shall have for and during that portion of such ninety (90) day period as she in fact is alive after my death the right to the use and enjoyment as a life tenant of all property in which her interest hereunder will fail by reason of her death within said ninety (90) day period. 9. No statutorily provided interest shall be allowed or paid on the gifts made under this Will. All net income of my estate realized during its administration shall pass and be distributed to m wife under paragraph 5 hereof, or to the residuary beneficiaries Y r -~ ~y -4- under paragraph 6 hereof in proportion to their respective shares of my residuary estate passing thereunder, as the case may be, with no requirement that such income be accrued for or apportioned between any successive beneficiaries hereunder. 10. No interest of any beneficiary hereunder in either the principal or income of my estate shall be subject or liable in any manner while in the possession of my executrix to anticipation, pledge, assignment, sale, transfer, charge or encumbrance, whether voluntary or involuntary, or for any liabilities or obligations of such beneficiary whether arising from his or her death, debts, contracts, torts or engagements of any type. 11. Any amounts, either of income or principal, which are payable to a minor under this Will may at the sole discretion of my executrix be paid either to a parent of such minor, to a guardian of the person or of the estate of such minor, to the person who has custody of such minor, or directly to such minor, or applied to or for the benefit of such minor. The receipt by such parent, guardian, custodian or minor, or evidence of the application of such amount for the minor's benefit, shall be a full and complete discharge of my executrix to the extent of such payment or application. 12. Except as otherwise restricted, directed or provided in this Will, or required by law, in the administration of my estate hereunder, the fiduciaries serving under this Will shall have the ~~ ( f~ ~~ -5- following powers, which may be exercised without leave of court, in addition to those powers as my said fiduciaries may have by law: (a) At any time, to retain any assets, investments or property in the form held by them at the time of my death or thereafter, and to invest and reinvest any funds which they may hold in any stocks, bonds, notes or other securities, or in any other property, real or personal, tangible or intangible, or mixed, or interests therein, wheresoever situate, as and in such proportions as they may deem best, notwithstanding that such investments may not be of a character allowed to fiduciaries by statute or general rules of law. (b) To sell, exchange, grant options upon, or otherwise dispose of any property, real or personal, tangible or intangible, or mixed, or interests therein, wheresoever situate, at any time held by them, at public or private sale, for cash or upon credit, in such manner, to such persons, and at such price, terms and conditions as they may deem best, and no person dealing with them shall be bound to see to the application of any funds paid to them. (c) To manage, operate, repair, improve, partition, subdivide, or lease for any term any real estate or personal property at any time held by them, wheresoever situate, and to enter into agreements for the same. r ~~~ ~'~~ _, ~~ Y -6- (d) To borrow money for the payment of taxes or for any other proper purposes in the administration of the property held by them upon such terms as they may deem advisable, and mortgage, pledge or encumber any real and/or personal property held by them as security therefor. (e) To distribute in cash or in kind, or partly in each, and in shares different in kind from other shares, upon any division or distribution of any property which they hold. (f ) To adjust, settle, compromise and arbitrate claims, to renew or extend the time for payment or otherwise modify the terms of any obligation payable to or by my estate, and to abandon any property held by them which is of little or no value. (g) To retain and pay agents, employees, accountants and counsel, including but not limited to legal and investment counsel or advisors, brokers, banks, custodians and other agents, for advice and other professional services, and to delegate to them such duties, rights and powers as my fiduciaries may determine for such time periods as they may deem necessary. (h) To allocate, in their discretion, any receipt or item of income, or disbursement or item of expense, to principal or income, or partly to each. (i) To hold assets in bearer form, and to register securities and other assets in their own name or in the name (-~" ~~- -7- of a nominee with or without indicating the fiduciary character thereof. (j ) with respect to any securities held by them, to join and participate in any merger, reorganization, voting trust plan or other concerted action of holders of securities for the deposit of securities under agreements and payment of assessments, to subscribe for stocks and bonds, to give proxies, to grant, obtain or exercise options, and generally exercise all rights and powers of holders of securities, and to delegate discretionary duties with respect thereto. (k) With respect to the stock of any close or other corporation, partnership interest or other business held by them hereunder: to disregard any principle of investment diversification and retain any part or all of it for so long as they may deem advisable; to participate actively in its management and receive compensation for such services in addition to any other compensation payable to my fiduciaries; to do anything that they may consider appropriate with regard to its operation, expansion, reduction, liquidation or termination or any change in its purpose, nature, or structure; to delegate authority or duties to any director, stockholder, manager, partner, employee or agent, and to approve its payment of reasonable compensation to any such person; to cause it to borrow money at reasonable terms from the banking department of any corporate fiduciary hereunder ~L+ ~: ~ -g- notwithstanding any contrary law regarding conflict of interests; and to make additional investments in it if such action appears to be in the best interests of the beneficiaries hereunder. (1) With respect to any policies of insurance forming a part of my estate: to continue such policies in force and to pay the premiums on such policies out of income or principal; to obtain the cash surrender value, if any, of any such policies which insure the lives of others and add the same to principal, or convert any such policies insuring the lives of others to permanent paid-up insurance (unless in either case such policies are specifically bequeathed in this Will); and to deal with such policies in any way that my fiduciaries may determine to be in the best interests of the beneficiaries hereunder, including the right to borrow on such insurance policies in order to pay the premiums thereon. (m) To the extent permitted by law, to exercise any election, right or privilege given by federal tax laws, or the tax laws of Pennsylvania or of any other jurisdiction, including but not limited to the joinder with my wife in filing income tax returns, the joinder with my wife in filing gift tax returns with respect to gifts made by her or by me or by both of us prior to my death, the consent on gift tax returns to have any gift made by her considered as made in part by me for gift tax purposes, the determination of proper a~-y -9- taxes, interest and penalties and the payment thereof even though not attributable in whole or in part to income or gifts from my property or estate and without requiring my wife, her estate or her legal representative to indemnify or reimburse my fiduciaries for taxes (or penalties or interest thereon) attributable to my wife, the election of alternate valuation for federal estate tax purposes, the election to have assets or property of my estate or otherwise includable in my gross estate for federal estate tax purposes treated as qualified terminable interest property for the purpose of qualifying the same for the federal estate tax marital deduction for my estate, and the election to claim deductions for death tax purposes or for income tax purposes, and for their exercise or non-exercise of any such election, right or privilege to make or not make in their discretion equitable or compensatory adjustments as between income and principal of my estate or any part thereof, or as between any beneficiaries thereof or their shares therein, all without the consent of any beneficiary hereunder and without any liability on the part of my fiduciaries for so doing. (n) To make from time to time partial distributions in varying amounts to the beneficiaries hereunder prior to final settlement and distribution of my estate, and in connection therewith to determine in their discretion the time or times when such partial distributions may require recomputation of ~~ ~-~%~ ~y -10- said beneficiaries' proportionate interests hereunder for the equitable allocation of income or on account of changing asset values pending final distribution. (o) To receive, collect and recover the interest, rents, profits, proceeds, gains, and other earnings and income of and from the property held by them hereunder. (p) In general, to exercise all powers in the management of the assets and property held by them which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to them may seem best, and to execute and deliver all instruments and to do all acts which they may deem necessary or proper to carry out such management and their duties under this Will. 13. I hereby appoint my wife to serve as executrix of my estate hereunder. Should my wife be unwilling or unable, fail to qualify, or cease to act as such executrix, I hereby appoint my daughter, Jeanette J. McGough, to serve as my executrix under this Will. If my said daughter be unwilling or unable, fail to qualify, or cease to act as such executrix, I hereby appoint my daughter, Julianne M. Ezzi, to serve as my executrix under this Will. 14. The fiduciaries named or appointed in this Will shall not be required in any jurisdiction to file, enter or post any bond or other security for the faithful performance of their duties hereunder, and shall not be liable for the acts, omissions or defaults of any agent appointed by them with due care. ~-~ ~~ r 4~C.~ -11- 15. Subject to the restriction hereinafter set forth, I direct that all estate, inheritance, legacy, transfer, succession and death taxes, of whatsoever nature or kind and by whatsoever jurisdiction imposed, and all interest and penalties thereon, which may be payable or assessed in consequence of my death, whether or not with respect to property passing under this Will, shall be paid out of and charged against the principal of my residuary estate in the same manner as are general administration expenses of my estate so that all property subject to said taxes shall be and pass free and clear thereof, without apportionment of or reimbursement for such taxes, interest or penalties among any beneficiaries, transferees or other persons interested in such property and without any right of my estate or executrix to contribution, recovery or collection for the same. Taxes on any future or remainder interests hereunder may be prepaid at and in the election and discretion of my executrix to the extent permitted by law. In no event, however, shall my executrix pay from or charge against my residuary estate or any part thereof, any taxes imposed upon generation-skipping transfers under the Internal Revenue Code of 1986, as amended, or any penalties or interest thereon. r C~ ~r _12_ IN WITNESS WHEREOF, I, the said Ernest A. Jones, Jr., hereby set my hand to this my Last Will, typewritten on and consisting of these thirteen (13) sheets of paper, at the bottom of each of the preceding pages of which I also have placed my initials, on this ,~~~ day of --~~Ny~~°-y , 1993. Q w Ernes A. Jones, J . On this Z I H= day of ~.;nu~~ry , 1993, Ernest A. Jones, Jr. declared to us, the undersigned, that the aforegoing instrument was his Last Will, and he requested us to act as witnesses to the same and to his signature thereon. He thereupon signed said Will in our presence,, we,being present at the same time. We now, at his request, in his presence, and in the presence of each of us, hereby subscribe our names as witnesses thereto and have placed our initials at the bottom of each of the preceding pages. By so doing, each of us declares that he or she believes this testator to ry. residing at ~--~( 5 ~ P~ ~\ ,, ~ , residing at ~_~';~ ~d ~~ `f i.t t.% l~ -1'1 , f "~ residing at ~~r~1~•~ ~ ; -13- COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF ~m ~ ~~~i I, Ernest A. Jones, Jr. , testator, whose name is subscribed to the attached foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed such instrument as my Last Will, and that I signed and executed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to and acknowledged before me, by Ernest A. Jones, Jr. , the testator, this Z~ ~' day of /"-~i/~/~~'y 1993 . Ernest A. Jones, ~ r ~ ~Z Nota Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~~~(~~~ I C~v~ My Commission Expires: _ ,. _,._..~ ._ ...v_...~_. ~~~ _._ ..._ _ .. _., s _. SSA. • ~ ~ ~, • ' Y _. J ~ `/ `-! 6, We, Bach 1 5 • ~~ t rc~d, ~ ( r-~ %~~,.~. ~'~., ~ ~ the witnesses whose n es are sip ned to the ttached oregoing instrument, being duly qualified ccording to law, do depose and say that we were present and saw Ernest A. Jones Jr. the testator, sign and execute such instrument as his Last~Will; that such testator signed such instrument willingly and executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of such testator signed such Last Will as a subscribing witness thereto; and that to the best of our knowledge, such testator was at that time 18 or more years of age, of sound mind and under no constraints or undue influence. Swo n ~ of i to and sub ribed before r ,,"~ ~ ~ ~~ ~ witnesses ~~ , 1993 . ~\~. No ~.ary Pub c me by hQ,IS-`t~'L f~, this ~* day o