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HomeMy WebLinkAbout12-26-12PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF 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(sj the grant of Letters in the appropriate form: C) ~~ Decedent's Information Name: , G rl t c i'~ ~ t. c.. ~ = ~'- - a/k/a: a/k/a: a/k/a: Date of Death• f Z - CJ ~ - ~ ~ 2 ~, ~ m .~ z.,~ ~~~ ~ c~ Count Decedent was domiciled at death in Y~ 2~- ~ ~-- ~ File No: ~t'~~~ (Assigned by Register) ~~5~~ 5 Social Security No: ~ ~ ~ Age at death: (Srure) with his/her last ~y_'~ Ir r ,~1 pnncipa rest ence a Street address, Post Office and Zip Code city, Township or Borough i/ County Decedent died at ~~. - ~. ~ i ~~ w„c>t '~ YI ~ c t Yn r' -~ " ;.- ~ .~~~ ~~ ~ r Street address, Post Office and Zip Code City, Township ar Borough County State Estimate of value of decedent's property at death: IJdo»tieiled in Pennsylvania ................ . If trot domiciled in Pennsylvania ............ . If riot domiciled in Pennsylvania ............ . Value of real estate in Pennsylvania.......... . Real estate in Pennsylvania situated at: (Attach ndditionnl sheets, i/'necessary.) All personal property $ 7 G ~ ~ ~ v Personal property in Pennsylvania $ Personal property in County $ -h TOTAL ESTIMATED VALUE.... $ `~ t v • ~ v Street address, Post Office and Zip Code City, Township or tiorougn ~u~~~.y ,, ~~A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) he/she/they is/are the Executor(s) named m the last W-Il of the Decedent, dated ^~ ~ ~i' ~~ ~ `~ ~ ~ ~ (.~. `~nd Codicil(s) i thereto dated State relevant circumstances (e.g. renuriciatia~, death of ezecietor, etc.) Except as follows: after the execution of the instrument(s) offered for probate Decedent did not many, was not divorced, was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(g), and did not have a child born or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ~NO EXCEPTIONS ^EXCEPTIONS [~ B. Petition for Grant of Letters of Administration (If applicable) c. t. u., d.b.a., d.b.n.c.t.u., pendente life, dururTte absentia, durunte minoritute If Administration, c.t.a. ord.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 iii 23 Pa. C.S. § 3323(g) and was neither the victim of a killing nor ever adjudicated an incapacitated person. r._~ ^NO EXCEPTIONS [] EXCEPTIONS ~ `" C """ Petitioner(s), after a proper search has/have ascertained that Decedent left no W ill and was survived by tWfo~ ing spous~if an~nr~irs (attach Page 1 of 2 Form RW-~2 rev. 1n~11~2r-11 Oath of Personal Representative CO~i~(0~'~.~~E.~LTH CP' P~~~S`%Lv,a~1l.-~ J ~. .~-, ~ i ~ ~ f.' Official Usc Oniy 1 Tlie Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are tn~e and correct to the best of the knowledge and belief of Petitioner(s) and that, as Personal Representatives} of the Decedent, the Petitioner(s) will well and truly administer the estate according t2o law. j ,~}~- Date ~ ~ Sworn to or affi med an ubscribe before ."-J-Y,,;c~,--~... .,~ Date me thi ay ofr ()j ~ ~ ~ ~ ~ ~~ Date By: Resister Date BOND Required: [YES ~NO FEES: ~ fr Letter ..................... $ ( /~j Short Certificate(s)..... . ( ~ )Renunciation(s)......... ~ t~ ( )Codicil(s) ............ . ( ) Aftidavit(s)........... . Bond ........................ Commission ................. . Other ..••••• Automation Fee ............... --~ JCS Fee . .................... ~; ,~ TOTAL ..................... $ To the Register ojWills: vio~~p pnrPr my aooearance by my signature below: Attorney Signature: ('ter ~ ~ © ~ ~ _ '~~ l'"k f.. SJ~ ~I J Printed Name: ~"' ~ ~ ~' ''~` Supreme Court ~. ;~_.; -' -- ~ + t ID Number: ~-~ .'~~ -, ~ S t ' .,~ ~ :~ ; ,::,'a Firm Name: a:Wr c... "~^ V ~ _ _ .. -T ~'~~ Address: ...1 `~'~ ~:~- c J'1 Phone: Fax: Email: DECREE OF THE REGISTER Estate of ~J~CI ~ a/k/a: /"~; I ~ AND NOW, C J fI ',~~ ~ , in consideration of the foregoi Ig Petition, REED that Letters ~ f t /Y~ ~n ~~~ satisfactory proof having been presented before tne, IT IS )EC ~ are hereby granted to ~ ~~ ~ ~ ~ in the ove estate and (if applicable) that the instrument(s) dated described in the Petition be a fitted File No: ~ ~ ` ~ ~ ~~ probate and filed of reco ~d as the last Will (and 2~- ~~-130 .-~ : f~ ~.~., r ^ 6;;3 t"~ C ~ 'z ~~ ; °" ~. RENUNCIATION g ~~ ,. .~.~ y~ ~~ REGISTER OF WILLS ,yam, ~::~. ~ ~~ ; °- ~=~, Cumberland COUNTY, PENNSYLVAN~~ ~--"~ }~ '' 4- ~ t~~°~ cn Estate of Jean Miller Deceased I Ian Miller , in my capacity/relationship as ~ (Print Narne) co-executor of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Irene Spector (Date) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of ~ -' Deputy for Register of Wills Form RW-06 re~~. 10.13.06 ~C~. (Signatz+re) 1250 Gibbsboro Rd (Street Address) Voorhees, NJ 08043 (City, State, Zip) Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he o she executed the renunciatio for the „~~~,stated within on this day of -= Ir~ ary Public y Commission Expires: ~~ ~~~ ~~ ~y r (Signature and Seal of Notary or other official qualified t~ administer oaths. Show date of expiration of Notary's ~'omm~ssion.) LINDA MARIE BROOKS Notary Public, State of New Jersey My Commission Expires FebrNery ~A, ~A14 LAST WILL AND TESTAMENT OF JEAN MILLER Rl ~ ~"3 ~ ~ ,~ ~.. ,,~ rN` 4 w :+ .a :'q~ Sharp Bratton Attorneys at Law 208 White Horse Pike Haddon Heights, New Jersey 08035 856-546-5666 www. sharpbratton. c om ~..~ ,_..., 'a' ~ ; `rZ !"T1 ~ r~ ~ ~ " ~"~ ...... 4.. ~.. °~ i 4 i.„.,. ~''~' ~ =~ r~ $„~ .~, $ 'T ~_, :, ,' SECTION 1. IDENTIFICATION l.l. SPOUSE 1.2. CHILDREN SECTION 2. FUNERAL AND ADMINISTRATION EXPENSES 2.1. PAYMENT 2.2. INDEMNITY 2.3. 2.4. CLAIMS TRANSPORTATION EXPENSES 2 SECTION 3. DISPOSITIVE PROVISIONS 3.1. TANGIBLE PERSONAL PROPERTY 3.2. RESIDUARY DISPOSITIONS 3.3. TRUST ESTABLISHED FOR THE CHILDREN OF IRENE W. SPECTOR 3.4. TRUST ESTABLISHED FOR THE CHILDREN OF IAN W. MILLER 5 SECTION 4. FIDUCIARY PROVISIONS 4.1. APPOINTMENT OF EXECUTOR 4.2. APPOINTMENT OF TRUSTEE 4.3. RESIGNATION OF TRUSTEE 4.4. COMPENSATION OF FIDUCIARY 4.j. POWERS OF FIDUCIARY 4.6. ANCILLARY FIDUCIARY 7 SECTION 5. TAX AND ADMINISTRATIVE PROVISIONS 5.1. DEATH TAX CLAUSE 5.2. INCOME AND GIFT TAX CLAUSE 5.3. PROTECTIVE PROVISION 5.4. NON-ACCRUAL OF INCOME 5.5. OPTIONAL TERMINATION OF TRUST 5.6. DISABILITY PROVISION 5.7. RULE AGAINST PERPETUITIES 5.8. ACCOUNTINGS 5.9. DEFINITIONS 5.10. CONTEST CLAUSE 5.11. APPLICABLE STATE LAW 5.12. CONTRACT TO MAKE WILL I, JEAN MILLER, a resident of 1 College Circle, Stratford, New Jersey 08084, do make and publish this, my LAST WILL AND TESTAMENT, hereby revoking all Wills and Codicils heretofore made by me. SECTION 1. IDENTIFICATION 1.1. SPOUSE - My spouse's name is JOHN MILLER. All references in this Will to my "spouse" are to said spouse. 1.2. CHILDREN - I have two (2) children, IAN W. MILLER and IRENE M. SPECTOR. All references in this Will to my "children" are to said named children, and to children hereafter born to or adopted by me and to any child of mine in gestation at the time of my death. SECTION 2. FUNERAL AND ADMINISTRATION EXPENSES 2.1. PAYMENT -The expenses of my last illness and funeral, including a suitable marker for my grave; legally enforceable claims against me or my estate; and all expenses relating to the administration of my estate shall be paid out of my residuary estate. 2.2. INDEMNITY - My Executor shall be indemnified from the estate for an damages sustained by my Executor as a result of exercising, in good faith, the authority granted y to my Executor under this Section. 2.3. CLAIMS - The payments authorized under this Section are discretionary, and no claims or right to payment by third parties may be enforced against my Will by virtue of such discretionary authority. 2.4. TRANSPORTATION EXPENSES - My Executor shall have the sole authority and discretion to assess the cost and expense for the transportation and delivery of any asset 1 directl to the beneficiary or beneficiaries receiving such asset. The decision of my Executor with y regard to this matter shall be final and binding on all beneficiaries. SECTION 3. DISPOSITIVE PROVISIONS 3.1. TANGIBLE PERSONAL PROPERTY - 3.1.1. Separate Memorandum - I give certain tangible, non-business, rsonal ro ert in accordance with a written statement or list in existence on this date, prepared pe P p y ursuant to N.J.S.A. 3B:3-11, in my handwriting or signed by me, which describes the items and the p devisees with reasonable certainty. Any memorandum written, dated and signed by me disposing of m ~ ersonal tangible personal property shall be incorporated by reference into this Will. If I leave yp multi le written memoranda which conflict, the last dated memorandum shall control. p 3.1.2. Remaining Tangible Personal Property - To the extent that ible ersonal roperty has not been disposed of under previous subsections, I give such tang p p remainin tangible, non-business, personal property, together with all insurance on such property, g to my surviving children in substantially equal shares. 3.1.3. Costs -All costs of safekeeping, insuring, and shipping shall be deemed to be a general estate administration expense. 3.2. RESIDUARY DISPOSITIONS - 3.2.1. Souse - I give, devise and bequeath the following share of my ate to m s ouse: the minimum amount that he would be required to elect under the elective share est y p f the State of New Jersey, but only if he is required to make such election in order to qualify statutes o 'c benefits. If it is unnecessary for him to make such election for this purpose, I direct that for pubh my entire estate be distributed pursuant to Section 3.2.2. 2 3.2.2. Children - I give, devise, and bequeath the entire residue of my state to be divided equally among my children. If a child of mine fails to survive me, that child's e re shall be distributed to that child's descendants on a per stirpes basis. If a child of mine fails sha to survive me and has no then-living descendants, that child's share shall be distributed to my vivin descendants on a per stirpes basis, or in default of such descendants, to the persons who sur g would be entitled to inherit from me under the Intestate Laws of the State of New Jersey (N.J.S.A. 3B:5-1 et seq.). 3.3. TRUST ESTABLISHED FOR THE CHILDREN OF IRENE W. ECTOR - If an person less than eighteen (18) years of age, other than my children named in SP Y Section 1 "Beneficiary") is entitled to receive an inheritance under this Will, my Executor shall pay ~( such inheritance to my Trustee, hereinafter named, or, if no Trustee is named, to the surviving parent of such person as Trustee, to be administered as follows: 3.3.1. Income - My Trustee shall, in my Trustee's sole and absolute discretion, pay any part or all of the net income to or for the benefit of my said Beneficiary or may add any part of such income to the principal of the Trust; and 3.3.2. Principal - My Trustee shall pay to or apply for the benefit of said Beneficiary as much of the principal of my said Beneficiary's share as my Trustee may deem my ro er for my said Beneficiary's health, maintenance, support, and education. My Trustee may use P p rind al to assist my said Beneficiary in buying a home or starting a business; and p p 3.3.3. Withdrawal Rights - My Beneficiary shall have the right to withdraw principal from his or her trust upon attaining the age of eighteen (18) years. 3 3.3.4. Predecease - If my said Beneficiary dies before the entire rind al of such trust has been withdrawn, the entire principal shall be distributed by my Trustee P p said Beneficiary's then-living descendants on a per stirpes basis; or, in default of such to my cendants tom living descendants on a per stirpes basis (the share thus accruing to any child of des ~ y mine for whom, at that time, my Trustee holds a separate trust hereunder shall be added to such trust and thereafter held as though originally forming a part hereof); or, in default of such descendants, to the ersons who would be entitled to inherit from me under the Intestate Laws of the State of New P Jersey (N.J.S.A. 3B:5-1 et seq.). 3.4. TRUST ESTABLISHED FOR THE CHILDREN OF IAN W. ILLER - If an erson less than thirty (30) years of age, other than my children named in Section M yp " neficia is entitled to receive an inheritance under this Will, my Executor shall pay such l,(Be ry) ance tom Trustee, hereinafter named, or, if no Trustee is named, to the surviving parent of inherit y such person as Trustee, to be administered as follows: 3.4.1. Income - My Trustee shall, in my Trustee's sole and absolute discretion a any part or all of the net income to or for the benefit of my said Beneficiary or may ~P Y add any part of such income to the principal of the Trust; and 3.4.2. Principal - My Trustee shall pay to or apply for the benefit of aid Beneficia as much of the principal of my said Beneficiary's share as my Trustee may deem my s rY ro er for my said Beneficiary's health, maintenance, support, and education. My Trustee may use p p rind al to assist my said Beneficiary in buying a home or starting a business; and p p 3.4.3. Withdrawal Rights - My Beneficiary shall have the right to withdraw principal from his or her trust upon attaining the age of thirty (30) years. 4 3.4.4. Predecease - If my said Beneficiary dies before the entire rind al of such trust has been withdrawn, the entire principal shall be distributed by my Trustee p p said Beneficiary's then-living descendants on a per stirpes basis; or, in default of such to my endants tom living descendants on a per stirpes basis (the share thus accruing to any child of desc ~ Y ine for whom, at that time, my Trustee holds a separate trust hereunder shall be added to such trust m nd thereafter held as though originally forming a part hereof); or, in default of such descendants, a the ersons who would be entitled to inherit from me under the Intestate Laws of the State of New to p Jersey (N.J.S.A. 3B:5-1 et seq.). SECTION 4. FIDUCIARY PROVISIONS 4.1. APPOINTMENT OF EXECUTOR - I appoint IAN W. MILLER and NE M. SPECTOR as Co-Executors of my Will. If either of my Co-Executors fails to qualify or IRE ceases to serve for any reason, then the remaining Co-Executor shall serve as sole Successor ecutor. Neither of my Executors shall be required to give bond or furnish sureties in any Ex jurisdiction. 4.2. APPOINTMENT OF TRUSTEE - I appoint IAN W. MILLER and . SPECTOR as Co-Trustees of any Trust under my Will. If either of my Co-Trustees fails IRENE M to uali or ceases to serve for any reason, my remaining Co-Trustee shall serve as sole Successor q fy e. Neither of my Trustees shall be required to give bond or furnish sureties in any jurisdiction. Truste 4.3. RESIGNATION OF TRUSTEE - 4.3.1. Right of Trustee to Resign - My Trustee and any Successor 11 have the ri ht to resign, by duly acknowledged written instrument delivered to the Trustee sha g 5 remaining Trustee or, if there is no remaining Trustee then serving, to the adult income beneficiaries and the adults who would be entitled to share in the principal of the trust if it were then ~o terminate. 4.3.2. Power of Successor Trustee -Any Successor Trustee shall have the rights, powers, privileges, discretions, and duties conferred upon or vested in my Trustee by the provisions of this Agreement. 4.3.3. Nomination of Successor Trustee - If a vacancy occurs in the office of Trustee, then the Trustee or Co-Trustees, at that time, may appoint a Successor Trustee or Co-Trustee that is not related or subordinate to any beneficiary or beneficiaries. Such appointment shall be made in a written instrument that shall be delivered to my beneficiary or beneficiaries. In the default of such appointment, the law firm of SHARP BRATTON ATTORNEYS AT LAW, 208 White Horse Pike, Haddon Heights, New Jersey 08035, or any successor law firm, shall have the right, power, and authority to designate a Successor Trustee. 4.4. COMPENSATION OF FIDUCIARY - My individual Executor and Trustee shall be entitled to receive reasonable compensation for services rendered and to reimbursement for all reasonable expenses. 4.5. POWERS OF FIDUCIARY - My Fiduciary, without any order of the Court and in my Fiduciary's sole and absolute discretion may exercise any of the powers listed in N.J.S.A. 3B:14-23. 4.6. ANCILLARY FIDUCIARY - If ancillary administration shall be re uired or desired and my domiciliary Executor is unable or unwilling to act as an ancillary q fiducia , m domiciliary Executor shall have the power to designate, compensate, and remove the ry y ancilla fiduciary. The ancillary fiduciary may either be a natural person or a corporation. My ry 6 ilia Executor may delegate to such ancillary fiduciary such powers granted to my original domic ry Executor as my Executor may deem proper, including the right to serve without bond or surety on bond. The net proceeds of the ancillary estate shall be paid over to the domiciliary Executor. SECTION 5. TAX AND ADMINISTRATIVE PROVISIONS 5.1. DEATH TAX CLAUSE -All estate, inheritance, and other death cludin an interest and penalties with respect to those taxes not caused by negligent delay, taxes, m g Y a able to an federal, state, or foreign taxing authority shall be apportioned and paid in the manner py y in N.J.S.A. 3B:24-4. My Executor shall seek reimbursement for such taxes from the set forth s of ro ert subject to any such tax to the fullest extent permitted by any applicable law. recipient p p Y 5.2. INCOME AND GIFT TAX CLAUSE - My Executor may join with s ouse or the personal representative of my spouse or spouse's estate, in a joint income tax my p verin an eriod of time prior to my death or in a gift tax return for gifts made by my return co g y p tom death and, in connection therewith, to determine what taxes, interest, and spouse prior y s are ro er and to pay same, even though not attributable in whole or in part to income or penaltie p p is from m roperty, not requiring my spouse or the personal representative of my spouse or gif y p souse's estate to indemnify my estate against liability to it for tax attributable to my spouse. P 5.3. PROTECTIVE PROVISION -Every trust created by this Will shall ift trust. Neither the principal nor the income shall be subject to the liabilities of, or be a spendthr to assignment by, any beneficiary. 5.4. NON-ACCRUAL OF INCOME -All income not actually paid to a rmination of his or her interest shall be treated as though it had accrued and beneficiary before to ereafter, and no credit or accrual shall be made for taxes, commissions, or other become payable th , 7 charges theretofore made against income. Income shall not be apportioned between successive beneficiaries. 5.5 . OPTIONAL TERMINATION OFTRUST -Notwithstanding any other rovisions hereof, my Trustee may, in my Trustee's sole and absolute discretion and at any time, p terminate an or all of the trust shares under this Will, if the amount thereof does not warrant the cost y ntinuin said trust or if its administration would be otherwise impractical. Upon such of co g anon m Trustee shall pay the principal and any accumulated or undistributed income of such termm y t share to the erson or persons entitled at that time to the income therefrom in the proportions trus p h the were then entitled to receive the income, and, upon such termination, the rights of all to whic y rsons who mi ht otherwise have an interest as succeeding life tenants or in remainder shall other pe g If an such erson be then a minor, or, in the opinion of my Trustee, mentally or physically cease. y p citated m Trustee may pay the share of such fund to which such person would otherwise be mcapa ~ Y to the arent or guardian of the estate or of the person of such income beneficiary or to the entitled, p Garin for such beneficiary. In the case of a minor, my Trustee may deposit such fund in a person g in s account in a savings institution of my Trustee's choosing for the benefit of such minor. sav g 5.6. DISABILITY PROVISION -Unless otherwise provided for herein, ~ome or rind al payable to any beneficiary who, in the opinion of my Trustee, is mentally any inc, p P 11 disabled, shall be held in a separate trust by my Trustee during such disability, unless or physica y re is sooner terminated as otherwise provided herein. Income maybe accumulated, and the trust sha inci al ma be expended for the health, maintenance, support, and education of such income and pr p y as m Trustee, in my Trustee's sole and absolute discretion, may determine. My Trustee beneficiary y ma a 1 the same directly without the intervention of a guardian or pay the same to any person y pP y 8 havin the care or control of said beneficiary or with whom the beneficiary resides without duty on g art of m Trustee to supervise or inquire into the application of such funds. The balance of such the p y and rind al shall be paid to such beneficiary when the disability ceases or to such income p p beneficiary's estate in the event of death prior thereto. 5.7. RULE AGAINST PERPETUITIES - If any trust hereunder is sitused 'urisdiction which has a Rule Against Perpetuities unless a statutory opt out clause has been in a ~ then notwithstanding anything herein to the contrary, no Trust hereunder shall extend exercised, twent -one 21) years after the death of the last survivor of myself and my descendants living beyond y ~ to of m death. At the expiration of that period, my Trustee shall distribute the remaining at the da y fan Trust roperty in my Trustee's hands to the beneficiaries entitled to the income at that portion o y p time. 5.8. ACCOUNTINGS - 5.8.1. Estate Accountin - My Executor shall render an account of tration of m estate to the beneficiaries of my estate upon the conclusion of such the admims Y on or if such administration shall continue for a period of longer than eighteen (18) admimstratl , death then upon the request of any of the beneficiaries of my estate. The approval months after my ntin b the adult beneficiaries of my estate shall be conclusively binding upon all of of the accou g y ies. The adult beneficiaries shall be conclusively presumed to have approved each such my beneficiar s he she or they file written exceptions thereto with my Executor within thirty (30) account unles ecei t of each account. Nothing herein shall limit the right of my Executor to file an days after the r p a court of competent jurisdiction at the appropriate times. The records of the Trust accounting m 9 shall be o ened at all reasonable times to the inspection of the beneficiaries of the Trust and their p appointed representatives. 5.8.2. Trustee's Accountings - My Trustee shall render an account of the administration of the trust to the then-living adult income beneficiaries and adult remainderman upon request by any adult income beneficiary or adult remainderman, and. the a royal thereof by the living adult beneficiaries and living adult remainderman shall be Pp conclusivel binding upon all parties in interest under this Agreement. The aforementioned adult y beneficiaries or adult remainderman, as the case may be, shall be conclusively presumed to have a roved each such account unless he, she, or they file written exceptions thereto with my Trustee Pp within thirt (30) days after the receipt of each account. Nothing herein shall limit the right of my y Trustee to file an accounting in a court of competent jurisdiction at appropriate times. 5.9. DEFINITIONS - 5.9.1. Per Stirpes Distributions -Unless otherwise specifically provided, all distributions are to be made to a person's descendants, per stirpes. The distributable assets are to be divided into as many shares as there are then-living children such deceased person and deceased children of such deceased person who left then-living of escendants. Each then-living child shall receive one (1) share and the share of each deceased child d shall be divided among such child's then-living descendants in the same manner. 5.9.2. Descendants -The descendants of a person means all of that ' lineal descendants of all generations. The relationship of parent and child at each person s tion shall be determined by the definition of parent and child contained under New Jersey law genera as of the date of my death. 10 A descendant in gestation who is later born alive shall be considered a descendant in being throughout the period of gestation. An ado ted erson, and all persons who are the descendants by blood or by legal adoption, P p be considered descendants of the adopting parent as well as descendants of the adopting shall parent's ancestors. 5.9.3. Disability - A beneficiary under this Willis disabled or under it when he or she is under the age of eighteen (18) years and not emancipated; or, if in the a disabil y nt of m fiduciary, the beneficiary is unable to manage his or her property and affairs for ~udgme y ns such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs, reaso xication confinement, detention by a foreign power, or disappearance. If any court of chromc into nt 'urisdiction has declared a beneficiary to be disabled or under a disability, my fiduciary compete ~ shall be bound by that determination as long as that determination is in effect. 5.9.4. Education - As used in this Will, "education" shall include: 5.9.4.1. Colle e -Any course of study or instruction at an accredited college or university granting undergraduate or graduate degrees. 5.9.4.2. Vocational -Any course of study or instruction at any institution for specialized, vocational, or professional training. 5.9.4.3. General -Any curriculum offered by any t is reco nized for purposes of receiving financial assistance from any state or federal institution tha g agency or program. 11 5.9.4.4. Course of Study -Any course of study or instruction which may be useful in preparing a beneficiary for any vocation consistent with the beneficiary's abilities and interests. 5.9.4.5. Types of Distributions -Distributions for education may include tuition fees, books, supplies, living expenses, travel, and spending money to the extent such education expenses are reasonable. 5.9.5. Fiducia -For purposes of this Will, the term "Fiduciary" shall de an Executor, Executrix, Administrator, Personal Representative, Guardian, Custodian, mclu Conservator, Trustee or any other form of fiduciary. As used throughout this Will, the term "Executor," "Trustee," and "Fiduciary" shall refer to eon final Executor and Trustee as well as any single, additional or successor Executor and Trustee. th g also refer to any individual, corporation or other entity acting as a replacement, substitute, It shall Executor and Trustee. Such reference shall include the masculine, the feminine and the or added neuter. 5.9.6. Other Definitions -Except as otherwise provided in this Will, as defined in the Administration ofEstates-Decedents and Others Act (N.J.S.A. 3B:1 terms shall be et seq.) as amended after the date of this Will and after my death. 5.10. CONTEST CLAUSE - If any beneficiary, shall in any manner, directly ectl attem t to contest or oppose the validity of this Will, including any codicils thereto, or indir y, p rosecutes any legal proceedings to set aside this Will, then in such event such or commences or p forfeit his or her share, as well as the share of any of his or her descendants, and beneficiary shall 12 an ri ht or interest in the estate property. Such beneficiary's share shall be distributed cease to have y g as if the contesting beneficiary predeceased me without any living descendants. M Executor is authorized to defend, at the expense of the estate property, any contest or y other attack of any nature on this Will or any of its provisions. 5.11. APPLICABLE STATE LAW -The validity of this Will shall be determined by reference to the laws of the State of New Jersey. An uestion with regard t:o the construction and administration of the various trusts yq ' his Will shall be determined by reference to the laws of the state in which the trust is contained m t then currently being administered. 5.12. CONTRACT TO MAKE WILL -The parties acknowledge that there ct between JEAN MILLER and JOHN MILLER and that either spouse is free to change is no contra his or her Will during a respective lifetime even after the death of the firsts ouse. da of , 2009. IN WITNESS WHEREOF I subscribe my name this y ~j ~'/ JE ILLER, TESTATRIX e oin instrument was signed, published and declared by JEAN MILLER, he The for g g trix to be the Testatrix's Last Will and Testament in the presence of each of us, present at Testa , me time and we, at the Testatrix's request and in the Testatrix's presence, and i~the pres nce o , sa ~ / each other have hereunto subscribed our names as witnesses this day of 2009. , , ~~ - Witness fitness 13 nd ~ y~%~-E'er -' and W ,JEAN MILE the Testatrix a ` ,the witnesses, respectively, whose names are signed to the attached or oregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed anti executed the instrument as her Last Will and Testament and that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witness and that to the best of the witnesses' knowledge the Testatrix was at the time eighteen years of age or older, of sound mind, and under no constraint or undue influence. STATE OF NEW JERSEY COUNTY OF CAMDEN ss. Subscribed, sworn to and ackno ledge before e by JEAN MILLER, the Testatrix, and subscribed and swo t efore me by (._, and the witnesses, this day of , 2009. ~~n-~oorr,n . ~~ r~ n~ E %~ y .'_ 14 Witness