HomeMy WebLinkAbout01-09-13PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF L u u`n,2j ~ ~,~-:'~ N '7 COUNTY, ~NNSYLV~TIA b~ r
~ ~ 5~'ti ~ ~
Petitioner(s) named below, who is/are 18 years of age or older, appl~~(ies) for Le~rs:'s spec #i~d bq~band in
support thereof aver(s) the following and respectfully request(sj the grant of Letters in ta~~rriate form: -~ `~ ~',
1 r.;!
Decedent's Information
Name: '(al CG Vy is ~ ~. ~ ~ i-.~
a/k/a:
a/kla:
a/k/a:
Date of Death: ~ty t 3
File ivo: ~~ '
(Assiga~ed ~y~Regist'~i-)
..~
Social Security i\io-:- 'v'~~~1-~...~ ~~.~' ~~(,a :~`1
Age at death: " ~'3 ~ .._,
Decedent was domiciled at death in C l,t,,na.1~C:f1 ~ I3,N D County, A (Score) with his/her last
principal residence at Etpy~ L:1--J~2trMon?Z (ZD A"c~ . CaR-~ts ti Q~ ~`~~ ~ 3 ~k ~(hi;tl~,)
Street address, Post Office and Zip Code City, Township or Borough County
Decedent died at ~~~ ~ C ~ ~.'~t mM o-,~ ~.'~ t`~ ~=,A~..'L- ~ ~ ~~: ~'`~ t~ ~'~j C k~ ~n.~h~W ~ ~
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
I/'ttot domiciled in Pennsylvania ........................ Personal property in Pennsylvania
If riot domiciled in Pennsylvania ........................ Persona] property in County
Value of real estate in Pennsylvania ........................................................ .
TOTAL ESTIMATED VALUE... .
Real estate in Pennsylvania situated at:
$ 1 ' ~. cD~~ m'p
(Attnch additional sheets, il'necessary.) Street address, Post Office and Zip Code City, Township or Borough County
~]x 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~J~ ~~PRG(,'-1 and Codicil(s)
thereto dated
State relevant circumstances (e.g. renunciation, death ojexecutor, 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.n., d.b.,z.e.t.u., pendente life, durunte absentia, durunte 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
iii 23 Pa. C.S. § 3323(g) and was neither the victim of a killing nor ever adjudicated an incapacitated person.
^NO EXCEPTIONS ~ EXCEPTIONS
Petitioner(s), after a proper search has/have ascertained that Decedent left no W ill and was survived by the following spouse (if any) and heirs (attach
uclditionul sheets, iJ~necessury):
Name Relationshi Address
Form RW-02 ,•ev. 10/!1/111 Page 1 of 2
Oath of Personal Representative
CO~i~(0~'~.'v'E,~LTr{ OP Pc~'~S`tLV,~~;l,~ }
~ ~:
~., _ ~~ O'
~.,.~
~~:_:
~ cr,..> ~ Y"r1
d ~~ ~
~~ ~ ~'
C ~_,
_..;,,
.~ .,., .. ,M ti
,' ~ ~' a
j t ti
i ._. .
y ...
~.. ..Li ~ 1~.._ ~.l.l.r _:]
The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are tnle alld correct to the best of the lUlowledge and belief
of Petitioner(s) alld that, as Personal Representative(s) of the Decedent, the Petitioner(s) will well alld truly administer the estate according to law.
Sworn to .affirmed and subscribed before Date °~ -3f~ ~ 1 ~
me th~ ~~ dayy-of ~~ ' , r~.e~t 3 Date
By. 1 / /,~ ~` Date
Register
Date
BOND Required: ~ YES ~ NO
FEES:
Lette~~,, ..................... $ , ~~ C~
( ~ ) Sllort Certificate(s)...... .~ li
( )Renunciation(s).........
( )Codicil(s) ............ .
( )Affidavit(s)........... .
Bolld ........................
Colllllllssloll . .. .............. .
Other
.~ + - ....... - :,,, G ~
Automation Fee.~~
JCS Fee . .................... -~. ~~.-
TOTAL ..................... $ G" -
To the Register of Wills:
Please enter my appearance by my signature below:
Attorney Signature:
Printed Name:
Supreme Court
ID Number:
Firm 1V'ame:
Address:
Phone:
Fax:
Email:
DECREE OF THE REGISTER
`" 1
Estate of ~'.~ r ' ~ ~~ ~C,,,, File No: ~.. ~' - L'1 ~!) ~
l3 ~
a/k/a:
AND NO~V, t ,CZ ~ G1 C/ ~ ~ ~ ~ in considerat'
ion of the foregoing Petition,
sa. ' ctory proof having been prese ted before me, IT IS REED th t Letters
~~~ u f'/~ ~~r_ are hereby granted to ~~ r l)
in the above estate and (if applicable) that
the instrument(s) dated /"•i
described in the Petition be admitte to probate a
F.,.•,,. n w n ~
filed of record as the last 1~Vill ( id Codicil(s)) of Decedent.
Register of Wills ~~~ ~,,
-~.~ 'T { I
Xr"'P~E`lIY1i,~!, ~~ ~wT z~§h~-w'~f~R j.6.~r °,?~~t' x¢y?:' 4 YT? €."1" ~}~Ie.I:, -e f' t~?' ',d°E)~ ~ }rJ'~f~.
P 1~~,7~386
E_ :'d'if~i':;111Ut1 ~iliTill~'1-
Type/Print In
Permanent
^J,
J
f
r
CS
0
0
z
:, ,,r
~ „r ~ a
~
d,}
~ E
~
t
t
~
COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL RECORDS
CFRTIFICATF f1F [)PATH
,-.is 1~ i;1 _ .`lilsl !jl,~;l lily' iil~O111171~1~lO!1 ~l .f~ f';'tiii~'i) i11`,
,~..I-~ ... i (.s 1`..'ll: <l:l Ill )t`JJJsJI C,~',1 ~Jr{l~,lit' lSI 1 jl',IJ 1~
,_
,
,. °r i~l. ;Iti ~_t1~::11 iZL't" ' -. I I
1`l ~.~=' l~?~ ~O_',t,l.'tit,l~ iO 11~1C' ;`e~t~t(l' ~~ ;(iii
s _ 't~ill;ific'ut_ I~~itl~r
j , ;
~,
.,~ - _~-w ._,._- . ,~.~,sz-_
{gJYj Jj 1Jq•
~. ..,i_-'.~, ~ ~)ilt{ ! .;ill.':':
1. Decedent's Legal Name (First, Middle, Last, Suffix) 2. Sex 3. Soda[ Security Number 4, Date et Death IMO/Day/Vr) (Spell Mo)
.A, he.5 ~. ~~atq c'z~cgk a~~t-aa- 3co ~ 1 ~ ~ { 3
Sa. Age-Last Birthday (Yrs) Sb. Under 1 Year Sc. Ulsder 1 Da 6. Date of Birth (Me/Da y/Year) (Spell Month) 7a. Bhthplace (
and S to or For n [euntry)
.' ~1 Months Days Hours MlmRes ~I
~ ,
~gU~yL A
J {q
~9 76. Birthplace (Ctwnty) y
8a. Residence (State or Foreign Country) 86. Residence (Sheet and Number- Include Apt No.l 9c. DM Decedent Live M a Township?
~A w
GL
~ ~~
Iac~ Ctp`r@ ^Yes, decedentllvedln twp.
ad. Residence (
Co
unty) .
-
t,
l /~
`
`
Y'yv1~;Y tQ xl~ Re. Residence (Zip Code) fl-~~ {- ®NO, decedent Bved withM RmRs of 1-.47 ~ 1 ~t C c
hy/boro.
9. Ever In US Armed Forces? 10-Marital Status at Thee of Death ~ Married Widowed If. Surviving spouse's Name (Ir wife, gWe name prbr to Rrst marriage)
^Yes ~ No ^Unknown ^ Divorced ^ Never Married ^Vnknown
12. lathe: s Name (First. Mlddie, Last, Suffix) 1 3. Mother's Name Pr(or to Fkst Marriage (First, Middle, last)
IQa. Informant's Name 14b. Relatienshlp to Decedent 1 4c. Informant's Mailing Address (Street and Number, Clry, State, Zip [ode)
0 3a~nv1 Cnvtq ;~0~1 $i! Ss~ v2 C-4• Cgwt 11i1~ ~q 1-7011
,,,,,,,,,,,.
. ISa. P ce o Oeat on one
W
a ... .
.....
If Death Occurred in a HospltaL• Inpatient r ................
•If Death Occurred Somewhere Other Than a Hospital: ~ Hospice FacRiry ~ Decedent's Home
B ^ Emergency Room/OUtpaUerrt ^ Dead on Arrival B'Nursing Home/lrxig-Term Care Fadliry ^ Other (Specify)
156. FacNry Name (If not InstitvVon, give sheet and number; ISc. City or Town, State, and Zip Code SSd. County of Death
ctQ~oCSM.'rti- 1J'~VSi,1r1 L.e-1rc1E.~ Calt~3le.. A llC`1~ vwl{oe•vtavtc~
m I6a. Method of Disposition ^ Burial ~ CremMion 166. Date of Dlsposhton 16c. Place of DlsposRlon (Name of cemetery, Crematory, or other pkce)
~ Removal Irom State ^ Donatbn
^Otherl5pedfy)
~ I~ryI{3 ,
C aviLSf CNq~{S t,,;.v8v.~q}^v
Z 16d. Location of Disposinon (Dry or Town, State, and Zip)
'- 17a. Signature of nee a Lken r In Charge e(Interment 17b. Lkense Number
~ Rcgdiu 1 Fa i~nl i"~a~13d~'
€3 17c. Name and tomplete Address of Funeral FacNity A
c9 Zclth i7 vlglr okvll, loos .:}~~l t~. `Zq t 9 0
'
IB. Decedent's Education -Check the box that st describes the 19. Decedent of Mspanic Origin -Check the .Decedent's Race -Check ONE OR MORE races to Mdkate w
a
° highest degree or level of sclrool completed at the time of death. box that best describes whether the decedent the decedent conshlered hlmseR er herself to be.
^ Bth grade or less is Spanlsh/Hlspank/Latlna. Check Nse "NO" ®WhRe ~ Korean
J] No diploma, 9th -12th grade box if decedent is not Spanish/Mspank/Latino. J] Black or African Amerkan [] Vietnamese ~ ,>
® HFgh sched graduate or GED completed ~ No, not SpanishMispsnk/Latlne ~ Amerkan Indian or Alaska Naive [] Other Asian ~4~
Some co0ege credh, but no degree ~ Yes, Mexlran, Mexinn Amerkan, thkane j] Asian Indian [~ Native Nswaitan ,
Assodate degree (e.g. AA, AS) ~ Yes, Puerto Rkan [] Chinese ~ Guamanian o• ChsMane
Bachelor's degree (e.g. BA, AB, 85) J] Yes, fu6an [] FRiplno ~ Samoan ,
Master's degree te.g. MA, MS, MEng, MEd, MSW, MBA( ^Yes, other Spanlsh/Hlspanic/Letlno ~ Japanese ^ Other PaclRc Islander ~~.+'
^ Doctorate (e.g. PhD, EdD) or Professional degree (SpedTy) ^ Other (Spediyl W "'°e
(e.. MD, DOS DVM, t1B,1D
21. Decedent's Single Race Self-Designation -Check ONLY ONE tv Indkate what the decedent considered himself or herself to be. 22a. Decedent's Vsual Occupatbn - Indkate type of work
® White ~ Japanese [] Samoan done during most of working Rf
e. DO NOT 115E RETIRED.
Black or Atrlcan American J] Korean ^ Other PacHlc Islander {
•
N
American Indian or Alaska Native [~ Vietnamese ^ Don't Know/Not Sure Q ~C
'MQ1( {,V
[] Asian Indian [] Other Asian ~ Refused 226. KMd of Bvsiness/Industry
^ Chinese ~ Native Hawaaan ^ Other (Speciry)
Filipino ^ Guamanian ar Chamorro 1
Ft6'd4LeWlq~ltil
ITEMS 23a - 23d MUST BE COMPLETED
BY PERSON WHO PRONOUNCES OR
CER71FIFS DEATH 23a. Da~ +r ~ o~ cod ~e'd (Mo/DaY/Yr)
y 236. Signal a el Perso P onovndng Death (Only when applicable)
~ 23c. Ucense Number
M 1~ o r g 99 ~
23d. Da
t Slgn[ tMZ/Day/Yr) 24. Time of Death w Y~~ l
y
VI U I .J ¢ ~ ~
0 u 25. Was Mediol Examiner or Coroner Contacted[ ~ es $ No
CAUSE OF DEATH ~ Approximate
26. Part I. Enter the chain of events--diseases, Injuries, or compRcatbns-that dhectly caused the death. DO NOT enter to+minal events such as cardiac arrest Interval:
~
respiratory arrest, or venhicvlar Rbripation without showing the etiology. DO ABBREVIATE. Enter enlyone cause on a Rne. Add additional Rnes if necessary Onset to Death
IMMEDIATE CAUSE ----> a. ~~ (.'~ Yt~Q {'11 G
(Final disease or condition DVe to (or as a consequence Oil:
resuhing M death)
s
b.
Segventtally list conditions, lhre to (or as a consequence of):
it any, leading to the cause
Rsted on Rne a. Enter the c.
UNDERLYING CAUSE Oue to (or as a consequence on:
(disease or Injury [hat
inhiated the events resvRing d.
In death) CAST. Due to (or as a consequence oft:
S 26. Part h. Enter other signRicant conditloro conhibutine to death but net resulting in the underlying cause given In Part I 27. Was an autopry perftxmed7
c
^ Yes No
f 2H. Were autopsy Rndings available
Y
m
e of deaths
to complete the cau
s
s
s
^Yes ("'No
29. I/Female: 30. Did Tobacco Vse Contribute to Death? 31. Manner of Death
E
g ~ Not pregnant within past year ~ Yes [] Probably ~ Natural ~ Hvmklde
l
t
m° ~ Pregnant at Nme of death
~ Not pregnant, but pregnant within 4Z days of dratf ®No ^ Unknown Accident ~ Pending Irwest
gation
[] Svkide ~ Could not be determined
r°- ~ Not pregnant, but pregnant 43 days to 1 year beMre dealt 32. Date of lnJvry (Mo/Day/Vr) (Spell Month)
^ Unknown R pregnant within the past year 33. Time et Injury
34. Place of lnJvry (e.g. home, tonstrvctbn site; )arm; school) 35. locatkm of Injury (Sheet and Number, City, State, 2Ip Code)
36. Injury at Work 37. If Transportation Injury, Specfly: 38. Describe How Injury Occurred:
[] Yes ~ DrWer/Operator ~ Pedestrian
[] No 0 Passenger ~ Other (specify)
39s. Certifier (Check only one):
^ Certifying physician - To the best of my knowledge, death occurred due to the cause(s) and manner stated
J~ pronoundng b Certifying physidan - To the best of myknowledge, death occurred at the time, date, end place, and due to the cause(s) end manner stated
^ Medical Examiner/Coroner - On the basis f exam: a inn, and/er Investlgatton, in my opinion, death occurred at the time, date, and place, and due to the cause(s) and manner stated
,t,, // Ica n
~
~ g ~ r
M7
f/ / /
Ucenae Number: / II
Signature of certiRel: Title o/ certifier:
39b. Name, Address and Zip [ode of Person [ompleting Cause of Death (item 26) 39c. Date Signed ( e y/yr)
~
i(~.~{Nowt ti-tU -oaeGlavzww~t~ Rd• Cavt~slet QA 1~~t3 y t3
t
40. Registrar's Distrkt Number 41. Registrar's SlgnaMe 42. Regishar le ate (MO/Day/Yr)
43. Amendments
:::M'7
r_-•
C_a_> ~ rtr~
~ C~ Ke ,A
.f ~:Z7
~ ..!
1~~ ~ •°~~j
d 1 i i "(~ ~i t f
~
~ ~.
A
t
``~
LAST WILL AND TESTAMENT
I, AGNES F. GULA, of 1310 Scott Street, Reading, Berks
Counter, P:~nnsylvania, being of sound mind and memory, do make,
publislri arLd declare this to be my Last Will and Testament, hereby
revoking any arld all prior wills and codicils by me at any time
heretofore made.
FIRST, that I give, devise, and bequeath all of my property,
real, personal, and mixed to my husband, ANDREW J. GULA, provided
that he survives me for a period of ninety (90) days. If he fails
to survive me for a period of at least ninety (90) days, or if our
deaths should occur in such a manner that it cannot be determined
which of us has predeceased the other, tYien I give, devise, and
bequeath all of my property, real, personal, and mixed, to my son,
JOHN GULA. If my son has predeceased me, or fails to survive me
for a period of at least ninety (90) days, or if our deaths should
occur in such a manner that it cannot be determined which of us
has predeceased the other, then I give, devise, and bequeath all
of my property, real, personal, and mixed, to my grandchildren.
SECOND, For the purposes of this my Last Will and Testament,
all references herein to "my grandchildren" shall include ERIC
JOHN GULA and YGRAINE GTJINIVERE GTTLA and no other children
born to or adopted by my son, past or future.
THIRD, I order and direct my Executor to pay all of my just
debts and funeral expenses, including my gravemarke~ and ar-_~ _„~ ;,~
~ ~.x~~~
expenses of my last illness, out of the principal ('),~ ~ re~~du~~~
~~
estate, as soon as practicable after m death as ~ ~`''~ ~r
k..! ~
expense of the administration of my estate. ~ .. ~' ~ `, ~",
x, a ~~, ,
:; ,._.~ _
._e ,
,,,
_.,
~ ~~
~. "~ ; J
2
FOURTH, I order and direct my Executor to pay as part of the
expense of the administration of my estate, all inheritance,
estate, transfer, succession and death taxes, of any kind
whatsoever, together with any interest and penalties thereon,
which may be payable by reason of my death and imposed with
respect to any property, whither or not passing under this my Last
Will and Testament, out of the principal of my residuary estate
without apportionment or right of reimbursement. All such taxes
ors present or future interests ~~~ay be aid at such time or times
as my Executor or my Trustee may think proper, regardless of
whether such taxes are then due.
FIFTH, I bequeath all of my tangible personal property,
including jewelry, clothing, household furniture and furnishings,
chinaware, silver, pictures, works of art, books, personal
automobiles, and other tangible personalty of like nature (not
including cash and securities), together with any existing
insurance thereon, to my son, if he survives me or to my
grandchildren if my son has predeceased me. Any such article
bequeathed to my grandchildren during their minority may, as my
Executor thinks advisable, either be delivered to my grandchildren
or to any person to hold for my grandchildren during their
minority, or to be sold and the proceeds paid to the Guardian of
the estates of my grandchildren. If my grandchildren should
predecease me but issue of my deceased grandchildren survive me, I
bequeath such tangible personalty and insurance thereon that would
otherwise have been distributed to my deceased grandchildren to
the issue then living of my deceased grandchildren, in equal
shares, per stirpes.
3
SIXTH, I give, devise and bequeath all of the rest, residue
and remainder of my estate, of whatsoever kind and wheresoever
situate, to my son, JOHN GULA, or, if he is unable or unwilling to
perform as Trustee, to THE HERSHEY TRUST COMPANY, as Trustee, IN
TRUST NEVERTHELESS, to be held, administered, as distributed for
the benefit of my grandchildren, if they survive me, or the
surviving issue of my deceased grandchildren in accordance with
the following provisions:
A. Until my each of my grandchildren attains the age of
thirty (30) years, the Trustee shall apply the net income and
principal of the trust estate as follows:
1. So long as each grandchild is living and under the
age of thirty (30) years, the net income of the Trust shall be
paid to, or applied for the benefit of, each grandchild at such
times and in such amounts as my Trustee shall in its discretion
deem necessary for their care, support, maintenance and
education. In the event the income srlall be insufficient to
provide my grandchildren with adequate care, support, maintenance
or education, the Trustee may invade the principal of this Trust
for this purpose.
2. The Trustee in exercising its discretionary authority
with respect to the payment of income or principal of the trust
estate to each grandchild, may, but shall not be required to, take
into consideration any income or other resources available to each
grandchild from sources outside of this trust that may be known to
the Trustee. The Trustee may accept as final and conclusive the
written statement of each grandchild as to other available income
or resources. The determination by the Trustee with respect to
4
or resources. The determination by the Trustee with respect to
the necessity of making payments out of income or principal to
each grandchild shall be conclusive on all persons howsoever
interested in the trust.
3. The Trustee shall accumulate and add to tY~e principal of
the trust estate any net income of the Trust not paid out in
accordance with the discretion hereinabove conferred on the
Trustee.
4. If at any time any of my grandcYiildren are minors or
incompetent or deemed by my Trustee to be unable to handle funds
properly or wisely if paid directly to any grandchild, the
Trustee, in its discretion, may make payments in any one or more
of the following ways:
a. Directly to each grandchild;
b. To the legally appointed guardian or guardians of
the person or estate of each grandchild; or
c. By making expenditures directly for the care,
support or education of each grandchild.
The Trustee shall not be required to see to the application
of any funds paid or applied in any of the aforementioned ways and
the receipt of the payee shall be full acquittance to the
Trustee. The decision of the Trustee as to which of the
aforementioned metYiods should be used in making payments shall be
conclusive and binding on all parties concerned.
B. When each grandchild attains the age of thirty (30)
years, his or her Trust shall terminate and the Trustee shall
immediately distribute the balance of the trust estate to that
5
grandchild. If any grandchild should predecease me or die prior
to the termination of this Trust but issue of my deceased
grandchildren survive me, the Trustee shall distribute the trust
estate that would otherwise have been distributed to my deceased
grandchild or grandchildren to the then surviving issue of my
deceased grandchild or grandchildren, in equal shares, per
stirpes.
C. For the purposes of tYiis my Last Will and Testament,
the following terms shall be interpreted to mean:
1. The term "issue" shall mean lawful blood descendants
in the first, second, or any other degree of the ancestor
designated, and shall include legally adopted c,Yrandchildren.
2. The term "education" shall include both college and
postgraduate study at any accredited institution of any
grandchild's choice for any period of time that i_n the judgment of
the Trustee is advantageous to each grandchild; the Trustee shall
provide adequate amounts for all related living and travel
expenses of each grandchild within reasonable limits.
D. No beneficiary or remainderman of this Trust shall
have any right or power, except as otherwise specified, to sell,
transfer, assign, pledge, mortgage, alienate, encumber,
anticipate, obligate or hypothecate his or her interest in the
principal or income of the trust estate in any manner whatsoever.
To the fullest extent of the law, the interest of each and every
beneficiary and remainderman shall not be subject to the claims of
any of his or her creditors or liable to attachment, execution,
bankruptcy proceedings, or any other legal process. The Trustee
6
shall pay, disburse, and distribute principal and income of the
trust estate only in the manner provided for in this my Last Will
and Testament and not on any attempted transfer or assignment,
whether oral or written, of any beneficiary or remainderman nor by
operation of law.
E. Notwithstanding any other provisions hereof, the
Trustee may, in its absolute discretion, at any time terminate
this Trust, if the amount thereof does not warrant tYle cost of
continuing said Trust, or its administration tirould otherwise be
impractical. Upon such termination, the Trustee shall pay the
principal and any accumulated or undistributed income to each
grandchild as provided herein.
F. If upon termination of tr~e administration of my
probate estate, there has been no distribution in trust to the
Trustee and events have occurred which would require the Trustee
under the terms of this my Last Will and Testament to make
immediate distribution of all the property, my executor shall
perform all of the acts necessary to complete such distribution
and for that purpose shall have all the powers granted by this rty
Last Will and Testament to the Trustee.
G. In order to carry out the purposes of the Trust
created by this my Last Will and Testament, the Trustee, in
addition to all other powers granted by t~iis my Last Will and
Testament, or by law, shall have the following powers over the
trust estate, exercisable without court approval, effective until
actual distribution of all property, and subject to any
limitations specified elsewhere in this my Last Will and
Testament:
1. To retain any or all of the assets of my estate,
real or personal, without regard to any principle of
diversification, risk or productivity.
2. To retain any investments which may be held by me at
the time of my death and to invest or reinvest the same although
they may not be of the character of investments technically known
as legal investments.
3. To invest the principal of my estate in all forms of
property, including stock, cor~lmon trust funds and mortgage
investment funds, without restriction to investments technically
known as legal investments, as the Trustee deems proper, without
regard to any principle of diversification, risk or productivity.
4. To sell and dispose of at public or private sale, to
exchange, or to lease for any period of time, any real or personal
property and to give options for sales, exchanges or leases, for
such price or prices and upon such terms and conditions as the
Trustee may deern proper.
5. To borrow money and to mortgage on pledge any real
or personal property.
6. To settle or compromise any claim or controversy.
7. To manage, control, repair, and improve all trust
property.
II. To continue and operate, to sell or to liquidate, as
the Trust deems advisable at the risk if the trust estate, any
business or partnership interests received by the trust estate.
9. To commence or defend at the expense of the trust
estate anY- litigation affecting the Trust or any property of the
trust estate deemed advisable by the Trustee.
8
10. To procure and carry at the expense of trust estate
insurance of the kinds, forms, and amounts deemed advisable by the
Trustee to protect the trust estate.
11. To pay all taxes, assessi~nents and other expenses
incurred in the distribution, collection, care, administration,
and protection of the trust estate.
12. To make distribution in cash or in kind or partly in
each, or in undivided interests, as the Trustee deems proper in
its sole discretion.
I. The following provisions shall apply in the
operation of the Trust created by this my Last Will and Testament:
1. The Trustee is authorized to receive additions to
the Trust of any property, whether real, personal or mixed, of
whatsoever kind and wheresoever situate, from sources other tYlan
my estate and at any time in the discretion of the Trustee.
2. The Trustee shall determine what is income and what
is principal of the Trust created by this my Last Will and
Testament, and shall allocate receipts and expenses to principal
or income or partly to each as the Trustee deems proper in its
sole discretion.
3. No bond or other security shall be required in any
jurisdiction of the Trustee for the faithful performance of its
duties.
5. The validity and administration of the Trust created
by this my Last Will and Testament and all questions relating to
the construction or interpretation of sucYi Trust shall be c~-overned
by the laws of the Commonwealth of Pennsylvania.
9
SEVENTH, I hereby nominate, constitute and appoint my son,
JOHN GULA, as the Executor of my estate. If he is unable or
unwilling to perforrn in this capacity then I appoint THE HERSHEY
TRUST COMPANY, as the E~~ecutor of this my Last Will and Testament.
A. No bond or other security shall be required in any
jurisdiction of my Executor for the faithful performance of his or
its duties.
B. My Executor shall have, in extension and not in
limitation of tYie powers given by law or by other provisions of
this my Last Will and Testament, the following powers with respect
to the settlement and administration of my estate, to be exercised
in each case from time to time in the discretion of my Executor
without further order or license of the Register of Wills or of
any court:
1. To exercise with regard to my estate all of the
powers and authority conferred by this my Last Will and Testament
on the Trustee over the trust estate of the Trust created by this
my Last Will and Testament.
2. To employ any attorney, investment advisor,
accountant, broker, tax specialist, or other agent deemed
necessary by my Executor, and to pay from my estate reasonable
compensation for all services performed by any of them.
EIGHTH, If any provision of this my Last Will and Testament
or of any Codicil thereto is held to be inoperative, invalid, or
illegal, it is my intention that all of t~~e remaining provisions
thereof shall continue to be fully operative and effective so far
as is possible and reasonable.
10
NINTH, As used in this my Last Will and Testament, whenever
the context so indicates, the masculine, feminine or neuter
gender, and the singular or plural number, shall each be deemed to
include tree others .
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
30th day of April, 1994.
,_
AG1~,~ S F . GU~.,A
ff y -~ ~ ~f .~~ ~....
WITNESS
Lj ~`°J~` ~
WITNS
R. eJ
11
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPI-IIN
I, AGNES F. GULA, testatrix, whose name is signed to the
attached or foregoing instrument, having been duly qualified
according to law, do hereby acknowledge that I signed and executed
the instrument as my Last Will and Testament; that I signed it
willingly; and that I signed it as my free and voluntary act for
the purposes therein expressed.
Sworn or affirmed to and acknowledJed before me by AGNES F.
GULA, the testatrix, this 30th day of April, 1994.
ACHE S F . GULA
s
~ `~ ~_
NOTARY ~ LIC
NOTARIAL SEAL
KELLY R. PETE?iE. Notary Public
Paxtang t`/oro, Dauphin County
M ~ Commission Ex fires !a n. 27. 1997
12
71 L`L`TT7~ s~-rm
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
WE, CHARLES E. PETRIE and JOHN GULA, the witnesses ~,rhose
names are signed to the attached or foregoing instrument, being
duly qualified according to law, do depose and say that we were
present and saw testatrix sign and execute the instrument as her
Last Will and Testament; that AGNES F. GULA signed willingly and
that she executed it as her free and voluntary act for the purposes
therein expressed; that each of us in the hearing and sight of the
testatrix signed the ti~rill as witnesses; and that to the best of
our knowledge the testatrix was at that time 18 or more years of
age, of sound mind and under no constraint or undue influence.
Sworn or affirmed to and subscribed before me by CHARLES
E. FETRIE and JOHN GULA, witnesses, this 30t~1 day of April, 1994.
WITNESS
NOTARIAL SEAL
KELLY R. PETRIE. Notary Public
Paxtany Roro, Dauphin County
P~1 Commission Expires Jan. 27, 1997