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HomeMy WebLinkAbout03-28-13 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF VVMBERLA_ND_._._.__. .____ COUNTY,PENNSYLVANIA Petitioner(s)named below,who is/are 18 years of age or older, apply(ics) for Letters as specified below,and in support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form: Decedent's Information Name: D-ON-L-EY—H.-Mit File No: aWa: (Assigned by Register) aWa: aWa: Social Security No: DateofDeath: Age at death: 76 Decedent was domiciled at death in C_UMVE&LkND_..__ County, PENN YV-A-N.LA- __. (State)with his/her last principal residence at 11nMER_LAAE__ YF SPRING ER L"N __ Street address,Past Office and Zip Code City,Township or Borough county Decedent died at 11 SUmmElt LANE 17050 6 cum PA SILVER !BERLAND—.. Street address,Past Office and-Z-1p C.i.-- City,Township or Borough County State Estimate of value of decedems property at death: If domiciled in Pennsylvania................................All personal property If not domiciled in Pennsylvania.............................Personal property in Pennsylvania If mar domiciled in Pennsylvania.............................Personal property in County $ Value of real estate In Pennsylvania.............................................................. $ TOTAL ESTIMATED VALUE.... $ Real estate in Pennsylvania situated at: jAuach addomal sheets,ifnevessary) Street address,Past Office and Zip Code City,Township or Borough County M A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)helshefthey Ware the Executor(s)named in the last Will of the Decedent,dated 6Z?8ZZU2- and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,dead,oferecutor,etc.) Except as follows:after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa C.S.§3323(g),and did not have a child bom or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. M NO EXCEPTIONS ❑EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration(If applicable) e.t.a.,dhm_d.b.n.c.ra-,pendenre lite,diurameabsentia,durantemmorilare If Administration,at a. or d.b.ncda.,enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. C', L�u ❑ NO EXCEPTIONS ❑EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the foll nop"e f andC1 Q ,�irfottach additional sheers,if necemary): r— r— r\) try til P77 Name Relationship cyslstres co C) Form RW-02 rev.10/1112011 Page I of 2 7 Oath of Personal Representative oaacriu-O-Iy- COMMONWEALT14 OF PENNSYLVANIA I SS: COUNTYOF CUMBERLAND---------,- Petitioner(s)Printed Name 446 CHESTNUT WAY ANDREW I- MURRAY----------- NEW-CIMURLAND i 13 n R R 28 Ail 11. la --jX0 7 -- ------—------- CLERK- — ORPHANS' COURT ----------------- -------—--------—----- ot The Petitioner(s)above-named swears)or affinn(s)the statements Petition are true and correct to the beat of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of the Med cording to law, Sworn It affirmed anXdb,scribed before 62 13 Date me thi;� y of 2013 Date i! By Date F I Re z' ( I Register Date —----- BOND Required: L3 YES INO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letter Attorney Signature: Short Ce r ti fi c ates(s) . .. . . . Renunciation(s).......... —----- )Codicil(s) .... . ......... )Affidavit(s). .. . .. . . .. . .. Bond . .. . .. .. ... . ... . . .. Printed Name: DAV M ER G Commission .................. Supreme Court Other ID Number: ?-M-8—------- . . ... . Firm Name: RZAGER & ADLER,—PC Address: 2331-AARK1T-STREZ-T---------� CAMP,. H I L L P-k- 171111 Phone: 71.,3-763-13 3 ._.--—------ .... .. . . . . .. .. Fax: 717-730 7 Automation Fee . .. .. . .. . . .. . ... . Email: M.F�R@REAGERADLERPC.COM JCS Fee TOTAL DECREE OF THE REGISTER Estate of P-O-N—LEY FilcNo: a/k/a: AND NOW in con qider4tion of th foregoing Petition, satisfactory proof having lAen presented before me,IT IS DEICREED that Letters ----- are hereby granted to A&CA.A.1-5—Pal4lCr*q- in the above estate and(if applicable)that the instrument(s)dated of Dec- described in the Petition be admitted to probate and filed of r as the Codicils) of Dece nt. I;�SP Regi r 01 e12of2 Regi r of Wilk Pom R91 0.1 rev.10,1LI2011 REGORLEO 4rr1^ OF RENUNCIATION REGIS' ER u .. REGISTER OF WILLS ,a;,3 (18fl 28 f i 13 CUMBERLAND COUNTY,PENNSYLVatAIA}; ORPHANS' i'u;;J t'r�p Estate of DONLEY H. MURRAY ,Deceased I,SANDRA L. MURRAY , in my capacity/relationship as (print Nome) F_XECUTOR/WIFE of the above Decedent,hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to ANDREW S. MURRAY - (Dare) (Si lure) 11 SUMMER LANE (Sheet Address) MECHANICSSURC PA 171159 (City,State,Zip) Executed in Register's Office Executed out of Regi'ster's Office Sworn to or affirmed and subscribed Before the undersigned personally appeared the before me this day party executing this renunciation and certified of that he or she executed the renunciatimfor the purposes state within on this ,�—day of Deputy for Register of Wills Not Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths.Show date of expiration of Notary's Commission.) (p(.WNveALTH OF PENNSYLVANIA Notarial seal Muamp�den Tva Zli7,roWta Form RW-06 rev. 10.13.06 My camnpow 20ll tt of NORrRlES RECO115E1D OFFICE OF REGISI B OF MLLS OATH OF SUBSCRIBING WITNESSES 3MR28 119 i13 REGISTER OF WILLS CLERK = Cumberlin COUNTY, PEV A"Tgl;i+ilRT CUMBERLAND C)., PA Estate of Donley H. Murray Deceased Daniel B. Smith and Irene Nystrom (each)a subscribing witness to (Print Namels) the®Will ❑Codicil(s)presented herewith, (each)being duly qualified according to law,depose(s)and say(s)that she/he/they )yas/were present and saw the above Testator/Testatrix sign the same and that she/he/they signed the same and that she/he 1 they signed as a witness at the request of the Testator/Testatrix in her/his presence and in the presence of each other. I. (`0977ature) (Stg ) 4249 Cavehill Rd. (Sheet Address) (Street Address) Spring Hill, FL 34606 (City.State,Zip) (City,Stare,Tap) Executed in Register's O, ee Executed out of Register's Office Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed before me this day be£ re me this� - day of of d\ Deputy for Register of Wills No P is {i My Comnaisajcd Expires�yot�.� (Signature and Seai of Notary or other official quaff to administer oaths. Show date of expiration of Notary's Commission) NOTE: To be taken by Officer authorized to administer oaths. Please have present the ongirml or copy of instruments)at time of orientation. Form RW-03 rev. 10.13.06 REC0inr,, r ..,,- REC!3T,'--" Gr 5 �}} r�;pppp OATH OF SUBSCRIBING WITNESS(ES) CLEt3; _ REGISTER OF WILLS ORPHANS' C �Mberiin COUNTY, PENNSYLVANIA CUMBERLAN1 ,`, , Pi Estate of Donley H. Murray Deceased Daniel B.Smith and Irene Nystrom (each)a subscribing witness to (Print Name/s) the®Will ©Codicil(s) presented herewith,(each) being duly qualified according to law,depose(s)and say(s)that she/he/they was/were present and saw the above Testator/Testatrix sign the same and that she/he/they signed the same and that she/hg/they signed as a witness at the request of the Testator/Testatrix in her big presence and in the presence of each other. ,A e4-"� is jt.r-� nL-.a (Signature) (Stgnal-e) 4 Wilton Rd. (Street Address) (Street Address) Cold Spring Harbor, NY // 7-2- / (Gty,State,Zip) (City,State,Zip) Executed in Register's Office Executed out of Register's Office Swom to or affirmed and subscribed Sworn to or affirmed and subscribed before me this day before me this day of A 0,x t 3 of Deputy for Register of Wills Notary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s)at time of notarization. Form RW-n3 rev. /0./3.t16 EILEEN V. CALACI Notary Public,State Of New York No.01 CA6231140 Clues6ed in Nassau County Commission Expires November 15,2014 LAST WILL AND TESTAMENT OF DONLEY H. MURRAY 1, Donley H. Murray,a resident of and domiciled in the State 6tNew Ybrk,njakd,, publish and declare this to be my Last Will and Testament,revoking all wills and codicils at anytime heretofore made by me. -`c FIRST: I direct that the expenses of my last illness and funeral,the expenses of the administration ofmy estate,and all estate,inheritance and similar taxes payable with respect to prop- erty included in my estate, whether or not passing under this will, and any interest or penalties thereon,shall be paid out of my residuary estate,without apportionment and with no right of reim- bursement from any recipient of any such property(including reimbursement under Section 2207B of the Internal Revenue Code). The provisions of this Article FIRST shall not apply to the extent that contrary provisions concerning the payment or apportionment of any such taxes have been or shall be made in any inter vivos instrument executed by me relating to any insurance,trusts,gifts or other transfers,jointly owned property or accounts, or property subject to power of appointment. SECOND: I give all tangible personal property owned by me at the time of my death, including without limitation personal effects, clothing,jewelry, furniture, furnishings, household goods, automobiles and other vehicles,together with all insurance policies relating thereto,to my wife Sandra L. Murray, if she survives me, or if she does not survive me, to those of my children Andrew S. Murray and Elizabeth Bozurtian who survive me, in substantially equal shares, to be divided between them as they shall agree,or if they cannot agree, as my Executor shall determine. THIRD: I give all the rest,residue and remainder of my property and estate,both real and personal, of whatever kind and wherever located,that I own or to which I shall be in any manner entitled at the time of my death (collectively referred to as my "residuary estate"), to the trustee under the following trust to be held and disposed of in accordance with the terms,covenants and conditions of such trust: Donley H. Murray and Sandra L. Murray Trustees under the Donley & Sandra Murray Living Trust dated June 28, 2002 and any amendments thereto, hi connection with the preparation of any tax return for me or my estate,I authorize my Executor: to determine whether to elect to qualify any property as qualified terminable interest property for Federal and/or State estate tax purposes;to make any election available under Section 2652(a)(3)of the Internal Revenue Code with respect to qualified terminable interest property as my Executor may deem advisable; to make any election available with respect to Chapter 13 of the Internal Revenue Code and to allocate the same to property eligible for such allocation,whether or not such property is held hereunder,including property transferred by me during my life as to which I did not make an allocation prior to my death,in such amounts and proportions as my Executor may deem advisable; to determine whether to include or exclude any item of property; to determine within permitted limits the date of valuation of my estate;to determine whether certain deductions shall be taken as income tax deductions or estate tax deductions;and to determine whether to adjust between principal and income. FOURTH: I give all property and estate received from the Donley H. Murray and Sandra L.Murray Trustees under the Donley&Sandra Murray Living Trust dated June 28,2002 and any amendments thereto,both real and personal,of whatever kind and wherever located,that I own or to which I shall be in any manner entitled at the time of my death,to my Trustees,IN TRUST, to hold the same in accordance with the following provisions: 1. The trust assets shall be held, IN TRUST, for the benefit of Sandra L. Murray (hereinafter referred to as the "beneficiary"). My Trustees shall hold, manage, invest and reinvest the trust assets, shall collect the income therefrom and, after deducting all charges and expenses properly attributable thereto,shall apply for the benefit of the beneficiary,at any time and from time to time, any part or all of the net income and/or principal of this trust as my Trustees shall deem advisable, in the sole discretion of my Trustees, subject to the limitations set forth below. Any income not so paid or applied shall be accumulated and added to the principal of this trust at least annually. 2. It is my intention to create a supplemental needs trust which conforms to the provisions of Section 7-1.12 ofthe New York Estates,Powers and Trusts Law. I intend that the trust assets be used to supplement, not supplant, impair or diminish, any benefits or assistance of any Federal,state,county,city or other governmental entity for which the beneficiary may otherwise be eligible or which the beneficiary may be receiving. Consistent with that intent,it is my desire that, before expending any amounts from the net income and/or principal of this trust,my Trustees shall consider the availability of all benefits or assistance governmental or private assistance programs for which the beneficiary may be eligible and that, where appropriate and to the extent possible, my Trustees shall endeavor to maximize the collection of such benefits or assistance for the benefit of the beneficiary. 3. None of the income or principal of this trust shall be applied in such manner as to supplant, impair or diminish benefits or assistance of any Federal, state, county, city or other governmental entity for which the beneficiary may otherwise be eligible or which the beneficiary may be receiving. The Trustees shall not make any distribution to or for the benefit of the bene- ficiary if such distribution would reduce or eliminate any governmental entitlement or payment which the beneficiary would otherwise receive. 4. No judge or court shall have the power to order the invasion of principal in contravention of the provisions of paragraphs 2 and 3 above. This provision is intended to negate and eliminate any discretion granted by Section 7-1.b of the New York Estates,Powers and Trusts Law. 2 5. Notwithstanding the provisions of paragraphs 2 and 3 above, my Trustees may make distributions to meet the beneficiary's need for food, clothing, shelter or health care even if such distributions may result in an impairment or diminution of the beneficiary's receipt or eligibility for governmental benefits or assistance but only if my Trustees determines that(i)the beneficiary's needs will be better met if such distributions are made,and(ii)it is in the beneficiary's best interests to suffer the consequent effect,if any,on the beneficiary's eligibility for or receipt of governmental benefits or assistance;provided,however,that if the mere existence of the authority of my Trustees to make distributions pursuant to this paragraph shall result in the beneficiary's loss of governmental benefits or assistance,regardless of whether such authority is actually exercised,this paragraph shall be null and void and the authority of my Trustees to make such distributions shall cease and shall be limited as provided in paragraphs 2 and 3 above,without exception. 6. It is my desire that the beneficiary enjoy the therapeutic benefits of education, vocational training,hobbies,vacations,modes of transportation,equipment,visitation with family and friends,and other needs and/or luxuries the beneficiary may have to enjoy life to the fullest. I also appreciate that the procurement and maintenance of life,disability, liability and other types of insurance can provide financial security and other benefits for the beneficiary. Subject to the restrictions and limitations set forth in the preceding paragraphs of this Article,my Trustees may use the principal and income of this trust for these types of purposes and such other purposes as my Trustees may deem appropriate. 7. The beneficiary shall not have any right or power to assign, encumber, direct, distribute or authorize distribution from this trust. 8. With the consent of my Trustees, any person may add property to this trust,by assignment, gift,transfer, deed or will, and any property so added shall be held, administered and distributed under the terms of this trust. 9. My Trustees from time to time may consult with an attorney with appropriate expertise in the area ofpublic benefits and trust law to review applicable legislation,regulations and requirements so that the public benefits eligibility of the beneficiary is not jeopardized by the actions of my Trustees. The cost of such attorney shall be paid by my Trustees from the trust assets. 14. Subject to the restrictions and limitations set forth in the preceding paragraphs of this Article, upon the death of the beneficiary my Trustees may pay all or part of the funeral expenses of the beneficiary and expenses relating to the distribution of the remaining trust assets as my Trustees shall deem advisable,in the sole discretion of my Trustees. My Trustees may consider whether other satisfactory provisions have not been made for such expenses. 11. Upon the death of the beneficiary,this trust shall be obligated to reimburse the State ofNew York or any other applicable governmental authority,from any rernainingprincipal and income of this trust,for the total amount of Medicaid or other medical assistance provided on behalf of the beneficiary. Any remaining principal and income of this trust shall be paid and distributed as 3 follows: to the Donley H. Murray and Sandra L. Murray Trustees under the Donley & Sandra Murray Living Trust dated June 28, 2042 or any amendments thereto. FIFTH: No disposition,charge or encumbrance on any income or principal of any trust hereunder by any beneficiary thereof shall be valid or binding upon my Trustees. No beneficiary shall have the right to assign, transfer, encumber or otherwise dispose of any such income or principal until the same shall be paid to such beneficiary by my Trustees. No such income or principal shall be subject in any manner to any claim of any creditor of anybeneficiary. The right of any beneficiary to any income or principal hereunder shall be subject to all charges or deductions which my Executor or Trustees may make under law or any provision of this will. Upon making any payment of income or principal from any trust hereunder,my Trustees shall be released fully from all further liability therefor. SIXTH: If any principal or income of my estate or any trust hereunder vests in absolute ownership in a minor or incompetent, my Executor or Trustees, at any time and without court authorization,may: distribute the whole or any part of such property to the beneficiary;or use the whole or any part for the health,education,maintenance and support of the beneficiary;or distri- bute the whole or any part to a guardian,committee or other legal representative of the beneficiary, or to a custodian for the beneficiary(including a custodian appointed by my Executor or Trustees without court order)under any gifts to minors or transfers to minors act,or to the person or persons with whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed by the person to whom the distribution is made shall be a full discharge of my Executor and Trustees from any liability with respect thereto, even though my Executor or Trustees may be such person. If such beneficiary is a minor,my Executor or Trustees may defer the distribution of the whole or any part of such property until the beneficiary attains the age of eighteen(18)years,and may hold the same as a separate fiord for the beneficiary with all of the powers described in Article SEVENTH hereof. If the beneficiary dies before attaining said age, any balance shall be paid and distributed to the estate of the beneficiary. The word"minor",wherever used in this Article SIXTH,shall mean any person who shall be under the age of eighteen(18)years. SEVENTH: My Executor and Trustees shall have all of the powers provided in the New York Estates,Powers and Trusts Law, as amended, or any successor thereto, and the powers conferred by law upon fiduciaries in every jurisdiction in which my Executor and Trustees may act. In addition, the following powers are conferred upon both my Executor and Trustees, exercisable in the sole discretion of my Executor and Trustees, as the case may be: (a) To retain and hold any property for any period,whether or not the property is of the character permissible for investment by fiduciaries under any applicable law,and 4 without regard to the effectthe retention mayhave upon diversification ofinvestments. (b) To sell,exchange,grant options on,transfer or otherwise dispose ofany property, real or personal,at public or private sale,for cash or on credit,secured or unsecured, at such time or times, in such manner and upon such terms and conditions as my Executor or Trustees shall deem advisable. (c) To invest and reinvest in common or preferred stocks, bonds, securities, mortgages, investment trusts, common trust funds, mutual funds, regulated investment companies, evidences of rights or interests, and other property, real or personal, domestic or foreign, whether or not the investments are permissible for fiduciaries under any applicable law and without regard to diversification. (d) To render liquid my estate or any trust in whole or in part,at any time and from time to time,and to hold cash or readily marketable securities of little or no yield for such periods as my Executor or Trustees shall deem advisable. (e) To manage,maintain,repair,alter,improve,insure,partition,subdivide,lease for any tern (whether or not beyond any period fixed by statute for leases made by fi- duciaries or beyond the term of any trust created hereunder), mortgage, encumber, grant security interests in,or otherwise purchase,dispose of,or deal with any real or personal property, as my Executor or Trustees shall deem advisable. (f) To abandon any property which my Executor or Trustees shall deem worthless or not of sufficient value to warrant keeping or protecting; to abstain from the payment of taxes, assessments, repairs, maintenance or other upkeep therefor; to permit any property to be lost by tax sale or other proceedings or to convey any such property for no or a nominal consideration. (g) To form one or more corporations or limited liability companies, alone or with any person, in any jurisdiction,and to transfer assets of my estate or any trust to any new or existing corporation or limited liability company in exchange for stock or membership interests; to form one or more partnerships with any person in any jurisdiction,to have my estate,any trust or a nominee be a general or limited partner, and to transfer assets of my estate or any trust to any new or existing partnership as a capital contribution; to enter into one or more joint ventures or associations with any person in any jurisdiction, and to commit assets of my estate or any trust to the purposes of those ventures or associations; and to retain as an investment for any period any securities, partnership interests or other assets resulting from any such actions. (h) To enter into,modify or terminate agreements with any person regarding voting rights,management,operation,retention or disposition of interests in corporations, 5 partnerships,jointventures,associations or other businesses ofmyestate or anytrust, regardless of whether any agreement is in effect when that business interest is received by my Executor or Trustees;to retain and continue to operate,or permit the operation of, any business, on the terms which governed when received by my Executor or Trustees or on different terms;to invest additional sums in any business, even to the extent that my estate or any trust maybe invested entirely in any business, without liability for any loss resulting from lack of diversification;to act as or select other persons (including any beneficiary) to act as directors, officers, managers or employees of any business, with reasonable compensation without regard to their being a fiduciary or beneficiary and,in the case of my Executor or Trustees,without regard to the commissions allowed by law; to discontinue any business or sell or otherwise dispose of any interest therein on such terms and conditions as my Executor or Trustees shall deem advisable; and to make such other arrangements with respect to any business as my Executor or Trustees shall deem advisable. I exonerate my Executor and Trustees from any loss resulting from the retention or operation of any business or any depreciation in the value thereof, unless such loss shall result from the gross negligence or willful misconduct of my Executor or Trustees. (i) To vote, in person or by general or limited proxy, any shares of stock or other securities;to exercise or dispose of any options,subscription or conversion rights,or other privileges or rights of any other nature; to become a party to, or deposit securities or other property under,or accept securities issued under any voting trust or similar agreement;to assent to or participate in any reorganization,readjustment, recapitalization, consolidation,merger, dissolution, liquidation, sale or purchase of assets, lease,mortgage,election,contract,agreement,or other action or proceeding by any corporation;to deposit securities or other property under, or become a party to, any agreement or plan for any such action or proceeding or for the protection of holders of securities; to subscribe to new securities or exchange property in connection with the foregoing; to delegate discretionary powers to any reorganiza- tion,creditors,stockholders or similar committee or protective group;and to pay any assessments or expenses in connection with the foregoing. 0) To pay, collect, adjust, compromise, settle or refer to arbitration any claim in favor of or against my estate or any trust, and to institute,prosecute or defend such legal proceedings as my Executor or Trustees shall deem advisable. (k) To foreclose mortgages and bid for property under foreclosure or take title by conveyance in lieu of foreclosure;to continue investments after maturity;to modify, renew or extend any note,bond,mortgage,security agreement or similar instrument upon such terms and conditions as my Executor or Trustees shall deem advisable;to release obligors or guarantors or refrain from instituting suits or actions for 6 deficiencies;and to expend any sums or use any property as my Executor or Trustees shall deem advisable for the protection of any property or interest therein. (1) To borrow money or assets for any purpose, without personal liability therefor, from any person including my Executor or Trustees, and to secure repayment by mortgage or pledge of any property. (m) To lend assets to any person,including a beneficiary,the estate of a deceased beneficiary,or an estate or other trust in which a beneficiary has an interest,upon any terms and conditions, with or without security, for any purpose which may or will benefit my estate, any trust or any beneficiary. (n) To exercise,at such times and in such manner as my Executor or Trustees shall deem advisable,any right of election or other rights which from time to time may be available under the Internal Revenue Code or any other tax law, and to make such other decisions as my Executor or Trustees may deem appropriate with respect to expenses or deductions for estate or income tax purposes,the valuation of assets,the filing of any joint or other income,gift or other tax returns and the apportionment of any joint tax liability, and the payment of any tax or collection of any refund, regardless of the effect of any such action on the interest of any beneficiary of my estate and without the necessity of making adjustments or reimbursements between principal and income or among the beneficiaries of my estate. (o) To employ and pay the compensation of accountants, attorneys, experts, investment counselors, custodians, agents and other persons or firms providing services or advice, irrespective of whether my Executor or Trustees may be associated therewith;to delegate discretionary powers to such persons or firms;and to rely upon information or advice furnished thereby or to ignore the same, as my Executor or Trustees shall deem advisable. (p) To incur and pay any and all costs, charges, fees, taxes, interest, penalties or other expenses of the administration of my estate, in installments with interest if desired, and except as expressly provided in Article FIRST hereof or elsewhere herein,to charge the same against the income or principal,or partly against each,of my estate or any trust. (q) To hold property in their names as Executor or Trustees, or in their names without designation of any fiduciary capacity,or in the name of a nominee or nomi- nees, or unregistered, or in bearer form; to deposit property with a custodian or depository; and to remove property from the State of New York and keep property in other jurisdictions,without bond, surety or other security. 7 (r) To pay any legacy or distribute,divide or partition property in cash or in kind,or partly in kind, and to allocate different kinds of property,disproportionate amounts of property and undivided interests in property among any trusts, parts, funds or shares, and to determine the fair valuation of the property so allocated, with or without regard to tax basis; to make distributions from my estate prior to the time required by law, without requiring any security or discount, or to withhold distributions without obligation to pay interest by reason thereof, as my Executor shall deem advisable;to distribute directly from my estate to beneficiaries ofany trust hereunder whether or not such trust has been funded;to hold the principal of separate trusts (including trusts established under the last will and testament of my wife) in a consolidated fund and to invest the same as a single fund; to split trusts for purposes of allocating generation-skipping transfer tax exemptions (within the meaning of Section 2642(a)of the Internal Revenue Code); and to merge any trusts (including trusts established under the last will and testament ofmywife)which have substantially identical terms and beneficiaries,and to hold them as a single trust. If, in the opinion of my Executor or Trustees,the assets of any trust is or has become so small that it is uneconomical and not in the best interests of the trust beneficiaries to continue,my Executor or Trustees may terminate the trust and distribute the assets ofthe trust outright to the income beneficiaries thereof or to the guardian,committee, custodian or other legal representative of the income beneficiaries. (s) To act or refrain from acting in all respects as if financially uninvolved, regardless of any connection with or investment in any business or any conflict of interest between any fiduciary hereunder and my estate or any trust. No Executor or Trustee shall be disqualified or barred from exercising any power or discretion conferred by law or under this will because such fiduciary may be a shareholder, officer, director,member, partner or person in any way interested in a corporation, partnership or other person or entity affected by the exercise of such power or discretion. My Executor or Trustees may contract, in any manner that my Executor or Trustees shall deem advisable,with any such corporation,partnership,person or entity. (t) To change the sites and/or governing law of any trust hereunder to any State my Executor or Trustees from time to time may deem desirable,and to take such further actions,including without limitation the amendment to the terms of the trust,as may be necessary or advisable to effectuate such change. (u) To do all acts and execute and deliver all instruments as my Executor or Trustees may deem necessary or advisable to carry out any of the foregoing powers. No fiduciary shall be liable for acts or omissions in administering my estate or any trust created under this will,except for that fiduciary's own actual fraud,gross negligence or willful misconduct. Each fiduciary shall be fully protected in any course of conduct taken in good faith in accordance with the advice of counsel. If any fiduciary becomes liable as fiduciary to any other person who is not a beneficiary in connection with any matter not within the fiduciary's control and not due to the fiduciary's actual fraud,gross negligence or willful misconduct,such fiduciary shall be fully indemnified and held harmless by my estate or by the trust created hereunder giving rise to such liability, as the case may be, from and against any liability, claim, loss, damage or expense, including reasonable attorneys' fees,that such fiduciary may sustain. No person who deals with any fiduciary hereunder shall be bound to see to the application of any asset delivered to such fiduciary,or to inquire into the authority for,or propriety of, any action taken or not taken by such fiduciary. EIGHTH: In addition to the other powers granted hereunder, my Executor and Trustees shall be entitled to determine the following: (a) Except as otherwise provided herein, my Executor or Trustees may determine, when there is reasonable doubt or uncertainty as to the applicable law or the relevant facts, which receipts of money or other assets should be credited to income or principal, and which disbursements,commissions,assessments, fees,taxes(except as provided in Article FIRST hereof), and other expenses should be charged to income or principal. (b) Any distributions or dividends payable in the stock of a corporation, and rights to subscribe to securities or rights other than cash declared or issued by a corporation, shall be dealt with as principal. (c) The proceeds from the sale,redemption or other disposition,whether at a profit or loss, and regardless of the tax treatment thereof, of any property constituting principal, including mortgages and real estate acquired through foreclosure or otherwise, shall normally be dealt with as principal, but my Executor or Trustees, except as otherwise provided herein,may allocate a portion of any such proceeds to income if the property disposed of produced no income or substantially less than the current rate of return on trust investments,or if my Executor or Trustees shall deem such action advisable for any other reason. (d) My Executor and Trustees may(but are not directed to) allocate receipts and disbursements between income and principal in accordance with the New York Estates,Powers and Trusts Law,as amended and in effect from time to time. (e) The preceding provisions of this Article EIGHTH shall not be deemed to authorize any act by my Executor or Trustees which may be a violation of any law prohibiting the accumulation of income. 9 NINTH: If any beneficiary under this will and I(or any other person upon whose death the interest of such beneficiary depends) shall die in a common accident or under circum- stances in which it is difficult or impractical to determine who survived the other,then I direct that for purposes ofthis will such beneficiary shall be deemed to have predeceased me(or such other per- son). TENTH: I appoint my wife Sandra L.Murray to be my Executor. If my wife does not survive me,or shall fail to qualify for any reason as my Executor,or having qualified shall die, resign or cease to act for any reason as my Executor,I appoint Andrew S.Murray as my Executor. If Andrew S. Murray shall fail to qualify for any reason as my Executor, or having qualified shall die, resign or cease to act for any reason as my Executor, I appoint Elizabeth Bozkurtian as my Executor. I appoint Andrew S.Murray and Elizabeth Bozkurtian as co-Trustees under this will. If either of my Trustees shall fail to qualify for any reason as Trustee or,having qualified shall die, resign or cease to act for any reason as Trustee, the other Trustee may act alone as Trustee. I direct that no Executor or Trustee shall be required to file or furnish any bond,surety or other security in any jurisdiction. Any Trustee, at any time and from time to time,by an instrument in writing signed and acknowledged,may delegate any or all of the rights,powers,duties,authority and privileges of such Trustee,whether or not discretionary,subject,however,to the provisions of the next paragraph of this Article TENTH,to any other Trustee for such period or periods of time as maybe designated in such written instrument;provided,however,that any such instrument shall be revocable at any time. Notwithstanding anything to the contrary contained in this will,during such time as any current or possible future beneficiary of any trust created hereunder may be acting as a Trustee hereunder, such person shall be disqualified from exercising any power to make any discretionary distributions of income or principal to himself or herself or to satisfy any of his or her legal ob- ligations,or to make discretionary allocations of receipts or disbursements as between income and principal. Such powers shall be exercisable,if at all,only bythe other Trustee acting at the time with such beneficiary. No Trustee who is a current or possible future beneficiary of any trust hereunder shall participate in the exercise of any powers of my Trustees which would cause such beneficiary to be treated as the owner of trust property for tax purposes. Any Executor or Trustee, subject to the judicial or non judicial settlement of the accounts of such Executor or Trustee,may resign at any time by an instrument in writing,signed and acknowledged in duplicate,one counterpart ofwhich shall be delivered to the court in which this will is admitted to probate and the other counterpart ofwhich shall be delivered to the successor Executor or the successor Trustees, as the case may be. 10 The term 'Executor" wherever used herein shall mean the executors, executor, executrix or administrator in office from time to time. The term"Trustees"wherever used herein shall mean the trustees or trustee in office from time to time. Each Executor and Trustee shall have the same rights,powers,duties,authority and privileges,whether or not discretionary,as iforiginally appointed hereunder. Any provision herein which refers to a statute,rule,regulation or other specific legal reference which is no longer in effect at the time said provision is to be applied shall be deemed to refer to the successor,replacement or amendment to such statute,rule,regulation or other reference, if any, and shall be interpreted in such a manner so as to carry out the original intent of said provision. Wherever used in this will and the context so requires, the masculine includes the feminine and the singular includes the plural, and vice versa. IN WITNESS WHEREOF,I,Donley H.Murray,sign,seal,publish and declare this instrument as my last will and testament this 28th day of June, 2002. The foregoing instrument was signed,sealed,published and dec aced by Donley H. Murray,the above-named Testator,to be his last will and testament in our pre; ,all being present at the same time, and we, at his request and in his presence and in the presence of each other,have subscribed our names as witnesses on the date above written. b residing at 42 Second Street Garden City,N.Y. 11530 residing at 2288 Roosevelt Ave. East Meadow,N.Y. 11554 AFFIDAVIT OF WITNESSES STATE OF NEW YORK.,COUNTY OF NASSAU, ss. Each of the undersigned, Daniel B. Smith, C.P.A. residing at 92 Second Street, Garden City,N.Y. 11530,and Irene Nystrom residing at 2288 Roosevelt Ave.,East Meadow,N.Y. 11554, respectively, being individually and severally duly sworn, did depose and say that: The foregoing last will and testament was subscribed in our presence and sight by Donley H.Murray,the Testator named therein. The undersigned witnessed the execution of said will of Donley H.Murray on the 28th day of June,2002,at 377 Oak Street,Suite 401,Garden City,New York 11530. At the time the instrument was so subscribed,the Testator declared said instrument to be his last will and testament. The undersigned thereupon signed their names as witnesses at the end of said will at the request of the Testator,in the presence of the Testator and each other. At the time of so executing said will,in our respective opinions,the Testator was at least eighteen years of age,and was of sound mind,memory and understanding, under no constraint, duress, fraud or undue influence, and in no respect incompetent to make a valid will. In our respective opinions,the Testator was able to read, write and converse in the English language,and was not suffering from any defect of sight,hearing or speech,or from any other physical or mental impairment which would affect his capacity to make a valid will. Each of us was acquainted with the Testator,and we make this affidavit at his request. Said will was shown to us at the time this affidavit was made,and we examined it as to the signature of the Testator and our signatures. Said will was executed as a single,original instrument,and not in counterparts. Said will was executed by the Testator and witnessed by us under the supervision of John G.W.Zacker,Esq. ,an attomey-at-law admitted to practice in the State of New York,who stated that the formal requirements of the New York Estates,Powers and Trusts Law regarding the ceremony of execution and attestation of a will had been duly fulfilled and satisfied. )aoe uy Witness Witness Severally subscribed and sworn to before me this 28th day of June,2002. Notary P blic My co s ion expir s n JOHN ZACKER Notary public,state of New York No.4753336 Qualified in Nassau county (,nmmission Expires Nov,30.