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HomeMy WebLinkAbout01-17-13PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, appty(ies) for Letters as specified below, and in support thereof aver(s) the Tollowing and respectfully requests the grant of Letters in the appropriate form: Decedent's Information Name: Jeanne Z. Boyd a/k/a: a/k/a: a/k/a: File No: 21 - ~ \ - 6 (Assigned by Register) Social Security No: 186-22-8980 Date of Death: 7 212 21201 2 Age at Death: 83 Decedent was domiciled at death in Cumberland County, PA (State) with his/her last principal residence at 427 Sioux Drive Mechanicsburg 17080 Hampden Cumberland Street atltlress, Post Office and Zip Cotle Ciry, Township or Borough County Decedent died at Harrisburg Hospital Harrisburg Dauphin PA Street etltlress, Past OKca antl Zip Gatle City, Tmvnehip or Borough County State Estimate of value of decedent's properly at death: Ifdomielled in Pennsylvania ........................ All personal property If riot domiciled in Pennsylvania ................. Personal property in Pennsylvania Nnot domiciled in Pennsylvania ................. Personal property in County Value of real estate in Pennsylvania........... Real estate in Pennsylvania siluete0 at (Attach atltlitbnal sneers, it necessary.) Street atltlrees, Posl Olfica antl Zip 523,000.00 S TOTAL ESTIMATED VALUES 523,000.00 Chy, Township or Borough ^X A. Petition for Probate and Grant of Letters Teatamentarv Petitioner(s) aver(s) that he/shetthey is/are the Executor(s) named in the Last Will of the Decedent, datetl mereto tletetl 0312812008 and Cotlicil(s) (Sofa relevant drwmafanns, e.g., renundefion, death of executor efcJ Except as follows: after the execufion of the instrument(s) o0ered 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. g 3323(8), antl tlitl 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 (It applicable) c..a.; ..n.; ..n.c..a.; n uran a sari ra; uranemmona If Administration, c.t.a or d.b.n.c.ta., enter date of Will in Section A above and complete list of heirs ~; ~ ~rn Except as follows: Decedent was not a party to pending divorce proceetling wherein the grountls for divorce had been es1E61is~ as define`d'' ~ in 23 Pa. C.S. § 3323 (g) and was neither Ue victim a killing nor ever aadj~udicated an innapacitaled person. 3C A C_ ,n O Q NO EXCEPTIONS Q EXCEPTIONS R1 ~ n -' ~ J7 Petitioner(s), after a proper search has/have ascertained that DeostleR left no Will and was survived by the following spoure(d~y)(Agd hei s~dac/I"°~t V'r'1 additional sheets, rl necessary): P^ ~ ~ ;:rr c.7 :ti O s::r Name Relationship Address ~. ~:-. -" _~ ~ _, r- u7 c:r t Iv Form RW-02 reg. +a++-zon Copyright (c)1o11 form software only The Lackner Gmup, inc. Pegs 1 a 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: couNTV of Cumberland } OffirAal Usa Onty Petitioner(s) Printed Name Petitioner(s) Printed Address „r r-;.~r. William J. Boyd 427 Sloux Drive Mechanicsburg, PA 17050 REG 0 c~ !. '_ t ~ r' `~ ~-' ?013 JE1; ~ , ~ - -- /, . ORPHANS' Cv2r',;.- The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoingg.Petition are true and correct to the best of the knowledge antl belief of Petitioner(s) and that, as Personal Representative(s) of the ¢\@\ceden\t, Pettioner(s) will well and truly administer the estate according to law. Sworn to or affirmed d subscribed befor `/~J~ ~ owe 11 me da Date Date Fpr fhe stet ~ Date BOND Required? ~ Yes ^X No FEES ( 4 )Short Certifcate(s).......... ( )Renunciation(s) ............... I Codicil(s).._ ..................... (Affidavit(s) ..............._.._.. Other WIII Inventory Inheritance Tax Return $ 460.00 20.00 15.00 15.00 15.00 Automation Fee ............................. 5.00 JCS Fee ......................................... 23.50 TOTAL ........................................... $ 553.b0 Please enter my appearance by my signature below To the Register of Wills: Attorney Signatur ~_``\`~~~XX ~- ~7 Printed Name: Richard E Connell Esq Supreme Court ID Number: 21542 Firm Name: Ball, Murren 8 Connell Address: 2303 Market Street Camp Hill, PA 17011 Phone: 7171232-8731 Fax: 7171232.2142 E-mail: connell~bmc-law.net DECREE OF THE REGISTER Date of Death: Soeial SecurRy No: Estate of Jeanne Z. Boyd File No: a/k/a: AND NOW, ~~ satisfactory proof having been are hereby granted to Willie me, IT IS DECREED that Letters in the above estate and (H applicable) that fhe instrument(s) dated described in the Petition be admitted to probate and filed of rewr5 1212212012 21 '~~ ~o~ in consideration of the foregoing Petition, Form RW-02 rev Taff-2oii Copyright 12011 farm software onlyT Lackner Group, Inc ~ 1 I 1 ~y11 ~ ~~ Pa 2ge{ ~.2 HIi Y.nn, ul'x ,9'r LOCAL REGISTRAR'S ~ERT1~3CMAT601V t~3F ~E~TFI WARNING: ~t is illegal To dupUaatY~ this crt?y try rho°osi:~f ar~ pflol~{ii°a~ft. Nee Ihr thi.; r-en~ic t,V(~YL'(~la OFF:'CE OF REG1Si;:R Of '__y `~'i3 JFN 17 P(~ 1 42 P 19022 - _. __. __-.--p~q~ {E-~'~'-. ;~ YI~IL:~t'04tWWA~~' CG1,~RT 2 T°eeck<I^k° CUMBERLAN© ~~; lE .c~ ;~' ~~~ (~ a J ~ k ' K ~RZdi° A ~f. a , f Uv.? 14Lh, )ty~c - h .I i n lion he L x 'n :, I~i ~. ~.~ i ,. the ~i d,~ ~ i~:,; 1~°~~ _ ~~iu_at2a~-_ ~,li r. 1_ -i~a~_i.,~l:~ri eommorvwEgkrN ov vzrvvsywnNln - DevnRTMENr op NEgLrN - root Recpsps 1. Deoeaenra Lenl rvame (Floc, miml., uzq svmKl .... a. . rsas.. ~ a.H F' VGA 1 M s<ae rue N b r: Q o < Jeanne Z _ Bo d z. se. 3. soda se<vrl<v Nvmeer . e of Dean (mo/pay/vN Ispal mo) y aural 186-22-B9H0 Pr ~~ sa. hge-L.x<Rlrtntlay (vrs) sb. under 1 v.a. sc. under 1 Da 6. Dace or Hlt[n (Mp/paynee.) (spell mon<n) al n Y .. rt pla<a (city .ne st.<e ar 83 monms Darn Nov Mlnvrcg elan covniM June 27 , ~ 929 a. Renaenc. (stet. r orelan countrvl He. seance s rce<me >b. Rlrtnpiece Icnuntyl D g (< Nvmeer-m<Ime npeN au in olao a Penn °~1 = u ~ 27 _ tle s ve ,nl 4 Sioux Dr' o m Ha ea.R sore etc nivl pden van, eea ant u.eab e Cumberland R.am .(zlpcoaa pNp,a ae.nt lmae wnnln li of ryp er lnU ° . .t e a 1O O v ~e °Wn ; staua ome ui O.am vlea p w we wl na <Iq/e°.°. ° ~ o ~ ° N ° pnknow lwl filing sPaua~ x ~ I e prior to not mar raga ~ mo a lam J m B y~Ne m G ' < . M1er a o a INnt, mmme, mo 13. mars Name Prl°c to vba[Marnage (Glee morale, uxt) Lawranea Zaidara lea. miormanrs wore Evelyn Heck g W i 11 i am lee. Relamnsnl m pamen< J_ Hoyd fkusbanpd lat. Imorma ra m.ging nemeax s<.ee and Nvmeer, Irv, sca<e, n 27 S~ ~ ~ r I C .._ ....................................... oux Dr.t' ec lanics burg,Y A~ 17050 a: zs ............... ...... a. ace t c ri oe.m D«v.rceln. Na,pmae ......................_........ ..._............~.._sa..w e< onyone ................ .............. ~i"P.e.nt lino®.m o«„rrea sd;:;e nom: o<n~: T'1:: : a'a ..... `"~ ~ , o.pmm: enev ROOm/ovcpanena Y7 Em.r o p..a on grrlva 1 ° Nvnmg Nom./unH-Term c,re udllp Noxw<. Fa<nl<y """'CY `o~ad:d.~:'«6:::d""" lsb. Faclll<y Nam° (li nstltutlon Otner ISpeclf ) w = y s e mbar; 1 CI<y nr T n 3tvte, a ZI Coee Harri s~urg ffosp~`t a~ I-Iarr~sbu a[n g g ' ' ° n[r i r ,l A 17l O 1 Dau l'a s.. memos mpiapoxl[IOn vm ~ p n t ° I o cemamn a 0.empral irem State 166. O °f Dlipoxl<IUn 16<. Place of olappsluon (wore vi cemetery, crematory _` ° ° DOnauon or Dore i , p ce) 2 9 a ec e rnner lsP <iry) 20'I 2 Gate o£ Heaven Cemetery S6tl °< . L atl°n pf plaposltl°n ( ty °r Town, Stv[°, one Zlpl .31gna<ure °i Guneral 5ervlce Licensee. °r pen°n In cM1ar ° oI ln<erme Ice N Mechanicsburg pA 17055 `~ 1 n , ~, ~ ~~GJK~ FD-013163E SF 1>c. wore ane Cnm Iv<e 4earcxs ai Gunera Fac~~ Muase~man Funer lty H ~ a Ome & Cremation Services,324 Hummel AVe.,Lemoyne lg pvicetlen['a Eeuca<Ion-Cneck [M1e boa <nat best aeacrlees [n PA , e 19. peceeent nl Hlipanl<Orlgln-CM1eck <M1e 3D Deceeent'z Race-Cneck ONE OR MORE races <°Intllcate wna< M1lgnes[ tlvgee or level °f zcno°i completetl at the <Ime °/deem. boa [oat best tl°acribez wne[nar [M1e eecetl ° etM1 t e I grv an e nr vra sM1/Ni, nlc/La Cneck ine " n tleceaent conaltlerce nimserf nr nerxel(<° be. tlplpma, 9[n-12tn Hraee P <a V e b x lf Eecetle orA ° K rvan lx not 3penlzn/Xisp° Ic/uclnn. ly n acM1OOI Hratlus<e lack n ° B Ie nca ° V p tee ° Na, not 3Penlzn/Mls anlc/L [I e n ° n a na p ° M1s a e e OeHrne (e, g, e ° tleg ee O Vea, Mea an American, Cnicano ° pt ~ an n n nr nlarka Naclre ° O[ne qs a~'I o gal: rc n i "s a < ° Natlre Hewallan ° ~aa. p.e n K ° ea~ee lo . e ' agree le.a emexe e , q ° e Rs) i . ~q °° Guamanian nr cn.morro O ez, cuean p ° Il ln° ° Ma °r's tleHree (e. g. M5. MEng, MEd, M3W, MBA) ° V i, °[ner SpenliM1/Xlxpanlc/Latl e a p n° ° poaoram Ie.H- Pn D, EaD) or vmfeeamnal degree ° " "` O Omer retort Ialanaar (speolry) . mp DD5 pvM LL io o purer Ispenryl n $WM1lte ace sell-pax na n °n F lceeen['a 3lnHle Cneck ONLV ONE to lntllca<e wnat cne tlecetlen<c zltleretl nimaeli °r M1ers 2 li t b n g e o v. Decetlen<'s Vx n el e. ual OC<upvtln °Rack°rGirican ameri<an ne tlurlnH most oiw°rking Ilia. Dn cTeryppErlREDk °Kerea ° °ptner paclilc l l e o s vn er a Da °,.rmelenal noral.,ka we.e p assistant mana4er o`FClq i.^ poan't Kn w/NOt svr. ° o comae. O rv an ° Remain a zze. Kura of guzmexxnna ° otnar(p olrv) ° rv o Flnpm° ~.i . .m. e. s ° G . cn.mor.o department store I MS g • -1 MV gE <OMPLFTEO a. pate pronounce Oe° Mo Day Vrl 33 SlBnature ° Perz°n prnnpuncing Deam IO V PERSON WNO pRONOV NCEE OR n n y w en app Icable 23c. License Number CFRTIiIE3O TX 23tl. Oe[ ee( /De V/Vr) Sa. Time pl peeM ~ ~ ~Zi 5•'YY~ / 35. Was Metllcel EKVminer °r C°r°ner cantattetl> ° "°' "° cause o zs. p.n 1. En[e.mernain or [ FDEATN 0 --alsaaxes, Injvrlea, or [ompncanong-inac abearv e.vsea me seam. Do Nor enter terminal eYents av<n as carm e.pr.acorv ameau or ran[N<mar nn.rllaeon wino M1 r vt ` .<ar.ea< s urea pwmg cna eciologv. oo rvOT gg6ReVInTE. En r Dory one [avxe on a n nee aamuonal Imes a necessary naa<to o~.m ce na. o ImmeplnrE cquse _____ - y 0.~ ~ .____> a. ~ ~ 1\,M ^w, i , \\ q~`J Fi .I ebe.ae or n°nme t- ' °n I exmnng m ae.ml v vent ° . cJ \ , Q - e- r~a \\ rt ~ Tcn1~, o- ally ga«nneitlpna ' , i: ,.~: i~ Ing to me terse to (or ax a <onseovena on: o c.e on .me 1 DERLVING CLU E a ~ M lxeam or ml.r pue ° (or ax a nnnse9uence °rp l - nltlama me [x reavrtms T.`n m ae.<n) Igz pue t° for as a copse p(1: ~ zfi. van g. enter our s n n<.n<ro n eve not reawtlns In me vutleriYlnH <.v a sl..an m v.n I ' s - +~ a psr pen~r.nem e. Werc eucepsY nntlingx evallable to eea <ne <avxe rye aeam> ria yr.l[ 3p LOOpvx n our meacm o . se mnnutem °ea<na 3~[ e° o as o~lY.°eH~:~°:~:Im, a: a::.~y` ° Yy ° pnnabn `: f n ~ .r ° r, ° Not pregnane bu< ~O ° unknown u ° ° " prcgnvn[ wi<hln a1 eays o/ tleam O rvpt pregn ne eu[ pregnsn<a3 e° s c S l le 1 nt rn e l . y ° u c e ° Caultl yevr eef°re aeacM1 32. Oa[e ° ° o[ be a er minee 0 Vnknnwn PeHnant wl[M1ln [M1e pez[Year In(ury 1MO/DaY/Yr115pe11 MOn[M1) - Tlme o/ Iniurv Place of Imurv (e. gf M1eme, c°nztruc<Inn al<e, lvrm, xcno°r) Lacacl°n Pi In)ury (3<rev[ ane Number. CRy, State, Zlp coed Iryury a[ nrk 3>. 11 r nap°nvtlan laury, speclly: W 38. °escrlbe How Injury Occurrctl: p N=a o D er^ operamr ° vmeat an s ° ° ° p.xa o Omer( p niYl e 3 9.. cenin.r (cn.ak only epe ° nivm pnval<lan-T eee or knew l e' He, tlaa< curratl tl [ Me ae< I a e nner natetl uncin YYSx n • Hr 4nIF/I H n s T i e e < p p . ° ee c°I Evem n r/ca _ of mV knowl % [ ertlgMl°n In m p°i ne, tla[e, ane 1°ce ne au me se(x:a ma tea r °r n t .n f t , ~fryp P,}^ c nl° eev<n occurretl a[ ma Imepeate~antl l e ti 3 p ce, an tl SlHnatur. oic.nla.r: WL/~ rv\~ eerre~~r~aa~~g3 Ee 9 b. Na ntlereas antl 9p Catle °i Penon C°mpl n eua° of O M1 Ilia i51 r a< O Y\'~ 9 sienee Imo/Dav/rrl 3 < slats,: Dlao-l« No Y a UI m," °7 / ~ - R•glx r..'~s~,.[,,.. nmenaments maposrtmn permD Np. U 6 / J Y xY .5 Naos-la3 Rev o>rzoLl - - _. _- _- LAST WILL AND TESTAMENT OF JEANNE Z. BOYD `= ~ ; ~ ~ c~ O ~~ m n T. c. 47 Q n~ ~ ~ ~ n ~ ~ :z7 zs r F' Y+'f PSI i ' .» y •', ti 1S .-~ _~.~ ~9 +; 7 ~;> , :i F , i~c rn _.. _.- .,..~ r Gry ~ x> r~ KNOW ALL MEN BY THESE PRESENTS, that I, JEANNE Z. BOYD, of Cumberland County, Pennsylvania, do hereby make, declare, and publish this as my Last Will and Testament, hereby revoking all former Wills and Codicils heretofore made by me at any time. PAYMENT OF EXPENSES I. Payment of Expenses. I direct that my Executor, herein named, shall have the power, but not the duty, to pay all my just debts, expenses of my last illness and funeral expenses, from my estate as soon after my death as shall be found convenient. II. Forgiveness of Interest. If during my lifetime, I alone or with my husband, WILLIAM J. BOYD, lent money to any of our children as evidenced by any unpaid promissory note or notes in my or our favor and my husband has predeceased me, I hereby forgive, at the time of my death, any accumulated and unpaid interest on the said notes. III. Personal and Household Effects. I bequeath my automobiles, household and personal effects and other tangible personalty of like nature (not including cash or securities) together with any existing insurance thereon, to my husband, WILLIAM J. BOYD, if he survives me by thirty (30) days. Should my husband predecease me or not be living on the thirty-first (3151) day after my death, I bequeath such tangible personalty and insurance thereon to such of my children, as are living on the thirty-first day after my death, to be divided among them in as nearly equal shares as practical. I may leave a memorandum setting forth suggestions as to the distribution of certain items and, while the memorandum is not legally binding, I hope the suggestions in it will be carried out. IV. Residue. I give the residue of my Estate, real personal and mixed of whatever -1- nature and wherever situated, to my husband, WILLIAM J. BOYD, if he survives me by thirty (30) days. Should my husband predecease me or not be living on the thirty-first (3151) day after my death, I give the residue of my estate, in three parts, subject to the condition set forth below so that there will be one shaze for each child of mine who is then living or then dead. Should any child of mine predecease me, I give her shaze to her surviving siblings in equal shares, per stirpes. During my lifetime, I and my husband made what I consider to be lifetime gifts or advancements to our children as follows: PATRICIA ANNE BLAUCH $25,000.00 KATHLEEN MARIE BOYD KROH $13,000.00 What follows is a formula or calculation to achieve my goal of being just and fair, in my estimation, so that, when everything is considered, each child understands and appreciates my plan. My affection and love for each of my children should not be measured by them by any mathematical formulas or perceived or imagined preferences. The amounts set forth above aze final and not disputable. To determine the distribution of my net residuary assets under this, my LAST WILL and TESTAMENT, I direct that the respective amounts for my children be determined by adding the total amount of the lifetime gifts referenced in this Paragraph IV., namely, $38,000.00, to my net residuazy estate with the resulting total constituting what I term an Equalization Total. This Equalization Total is to be divided into three equal shares, one shaze for each of my children, whether living or dead. For each of my children listed above for whom a lifetime gift or advancement was made, the stated amount representing the respective lifetime gib or advancement to her shall be deducted from her respective equal share as calculated. The result for the respective child shall be paid to her, or if she has predeceased me, then to her issue, per stirpes. This distribution calculation conforms with my determination that, when lifetime gifts and the value of my net residuary estate aze considered, the resulting distribution, in my sole and indisputable estimation, produces a result which produces equal treatment of my children. V. Executor. I hereby nominate, constitute and appoint my husband, WILLIAM J. BOYD, as Executor of this, my Last Will and Testament. In the event that my said husband shall predecease me, or be unwilling or unable to act as Executor, then I nominate, constitute and appoint my daughter, PATRICIA ANNE BLAUCH, as Executrix. ;~ r -2- VL Resignation. Any individual Executor (Executrix) may resign at any time without court approval. VII. Bond. No Executor (Executrix) shall be required to give bond or other security for the performance ofhis/her duties in any jurisdiction. ADMINISTRATIVE PROVISIONS VIII. Beneficiaries Under 25 or Disabled. If any beneficiary hereunder becomes entitled to an outright distribution of income or principal and is (i) under the age of 25 years or (ii) in the Executrice's opinion, disabled by illness or other cause and unable to properly manage the funds: A. Pavments. As much of such income or principal as the Executrix may from time to time think desirable for that beneficiary either shall be paid to him or her or shall be applied for his or her benefit; and B. Balance: the balance of such income and principal -and the net income from those funds -shall be kept invested and managed as a sepazate Trust for that beneficiary in accordance with the provisions of the preceding pazagraph. When the beneficiazy reaches the age of 25 or, in the Executrice's opinion, becomes free of disability, as the case may be, the balance shall be paid to her or his personal representative. Any funds to be directly applied under this article either shall be applied directly by the Executrix or shall be paid to a pazent or guardian of the beneficiary or to any person or organization taking care of the beneficiary. Funds applied for minors may also include distribution to a custodian selected and appointed by my Executrix under the Uniform Gifts to Minors Act of any state. The Executrix shall have no further responsibility for any funds so paid or applied. IX. Protective Provisions. To the extent permitted by law, the interest of beneficiazies in principal or income shall not be subject to the claims of their creditors and others, nor to legal process, and shall not be voluntazily or involuntarily alienated or encumbered, except that nothing in this article shall preclude the assignment of all or any part of a beneficiary's interest to his or her descendants. Further exceptions may be made if my Executor approves. X. Management Provisions. My Executor (Excutrix) shall have, in addition to the powers and authority conferred upon him by law, the following additional powers and authority: A. Sell/Lease: To sell at public or private sale, exchange, lease, mortgage or pledge any property, real or personal, at any time, and upon such terms and conditions as he shall deem wise. B. Retain/Invest: To retain and to invest in all forms of real and personal property, including common trust funds, mutual funds and money mazket deposit accounts regardless of any limitations imposed by law on -3- investments by executors or trustees, or any principle of law concerning investment diversification. C. Title to Property To cause any security or other property which may constitute a portion of my estate to be issued, held or registered in his own name, or in the name of a nominee, or in such form that title will pass by delivery. D. Capital Chanties: To consent to the reorganization ,consolidation, readjustment of the financial structure, or sale of the assets of any corporation or other organization, the securities of which constitute a portion of my estate, and to take any action with reference to such securities which, in the opinion of the Executor is necessary to obtain the benefit of any such reorganization, consolidation, readjustment or sale; to exercise any conversion privilege or subscription right given to her as the owner of any securities constituting a portion of my Estate; to accept and hold as a portion of my Estate securities resulting from any reorganization, consolidation, readjustment, sale conversion or subscription. E. E~x ense of Estate: To pay all costs, taxes, chazges and expenses in connection with the administration of my Estate. F. Allocate: To determine what is "Income" and what is "Principal" hereunder, and his decision thereon shall be final; and to purchase securities at a premium or discount, and to apply or charge said premium or discount against income or principal as the Executor may determine. G. Borrow: To borrow money from any person, firm or corporation, for the purpose of protecting and preserving or improving my Estate hereunder; to execute promissory notes or other obligations for amounts so borrowed. H. Hiring Professionals: To hire legal counsel, accountants, brokers, investment advisors, custodians, managers and other agents and employees and to pay them reasonable compensation out of the funds held hereunder to which said compensation is attributable. I. Receint of Monies: To receive, collect and recover the interest, rents, profits, proceeds, gains and other earnings and income of and from the property held by him hereunder. J. Partial Distributions: To make, from time to time, partial distributions, in varying amounts to the beneficiazies hereunder, prior to final settlement and distribution of my estate and in connection therewith to determine in his discretion, the time or times when such partial distributions may require -4- recomputation of said beneficiaries' proportionate interests hereunder for the equitable allocation of income or due to changing asset values pending final distribution. K. General Provisions: In general to exercise all powers in the management of the assets and property held by her hereunder which any individual could exercise in the management of similaz property owned in their own right, upon such terms and conditions as to him may seem best, and to execute and deliver all instruments and documents and do all acts which my fiduciazies may deem necessary or proper to carry out such management and his duties under this Will. Provided, however, that the foregoing powers or any other authority or direction herein or otherwise conferred upon or given to my fiduciazies, shall not apply or extend to any assets or property of my estate or otherwise includable in my gross estate for federal tax purposes and qualifying for the federal estate tax marital deduction for my estate under the Internal Revenue Code of 1986 as amended, to the extent that such power, authority or direction or the exercise or performance thereof will or may result in the loss in whole or in part of said federal estate tax marital deduction from my estate. TAX PROVISIONS XI. Marital Deduction. No property ineligible for the marital deduction shall be used to satisfy that deduction. Property distributed in kind in satisfaction of the marital deduction shall be distributed at the lower of (i) its value at the time of the distribution and (ii) its adjusted Federal Income Tax basis. Subject to the foregoing, my Executor shall have absolute discretion in selecting the property to be allocated to the marital deduction. In calculating the amount of the mazital deduction, (i) all other property which qualifies for the mazital deduction and (ii) all other deductions and credits which are allowed in the calculation of the federal estate tax in my estate shall be considered first. However, credits will be used only to the extent that their use will not increase the death taxes of my estate. XII. Death Taxes. I direct that all transfer and inheritance taxes, state or Federal, assessed because of my death, whether the funds, property of insurance proceeds to which such taxes aze attributable pass under this Will or not, shall be paid out of my residuary estate; that my Executor pay, or provide for payment of all such taxes at such time, or times, and in such manner as my Executor deems best. XIII. Tax Ontions. I authorize my Executor to: ~ ,~, '~ -5- A. Death Taxes. To exercise any options available in determining and paying death taxes in my estate; and to allocate my generation-skipping tax exemption; B. Income Taxes. To join with my husband in filing a joint income tax return; and C. Gift Taxes. To consent to any gifts made by my husband being treated as having been made one-half by me for the purpose of laws relating to gift tax. IN WITNESS WHEREOF, I, JEANNE Z. BOYD, the Testatrix to this, my Last Will and Testament, typewritten on six (6) sheets of paper which I have identified at the bottom of each page by my signature, hereunto set my hand and seal the ~ ~ day of !71 stir-,li 2008. ~co~~r-c,-'z'•-- ~a'~'~-'r-°~'/ (SEAL) JEANNE Z. )~OYD The preceding instrument consisting of this and five (5) other typewritten pages, each identified by the signature of the Testatrix, JEANNE Z. BOYD, was on this day and date thereof signed, published and declazed by JEANNE Z. BOYD, the Testatrix therein named, as and for her Last Will, in the presence of us, who at her request, in her presence, and in the presence of each other have subscribed our names as witnesses. ~;~:~r ==: ~~~~ -6- COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND I, JEANNE Z. BOYD, 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; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. JEANNE'Z. BOYD Sworn or affirmed to and acknowledged before me, by JEANNE Z. BOYD, the Testatrix, this ~~`''' day of , 2008. K(7r£3"i'~"t c~ I. GC1Fr~r~."~ t3TSi~ r'a`~ry Public C,NIflf1 I$i11 a ai ~ :, T" Yu C~mrnk ~ is L s:m J L 4 , .•" 3.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: We, Thnnaas A. ~ppei' ,and /f"~c~tnrc/ ~. Lo~liN// the witnesses whose names aze signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw JEANNE Z. BOYD sign and execute the instrument as her Last Will; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us, in the heazing and sight of the Testatrix signed the Will as witnesses; and that to the best of our knowledge, the Testatrix was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. ~ ~ Sworn or affirme to and subscribed to before me by ~l~Kta4 /-(, ~u~l~1' and ~~ltalt~ E, ~onn2// ,witnesses this ~~~ day of Much 2008. l~- races^~p~, ,~c~ GL~RiA ] Cu~"~a i `TPtp "' +••'Y Public C2ffi~ ~aH .L',`~~ d ~ h i '!'"¢ My Cem'ftl.:~^ L,~.. _~.~ s;~., , r _, a+J 1