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Home My WebLink About05-22-13 _ . _ . . _ .w�. _. PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF �M�r'��'°� COUNTY,PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in ' support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form: ' Dccedent's Inform�Non n ( "��O r C�3 � Name: ��'Q� /n. yous'e�t� File No:_ o�� ! J , � �a� (Assigned by Register) a/k/a: Social Security No: ! ' Date of Death: � .3�aai 3 Age at death: �3 � Decedent was domtciled at death in �um��r/a.n� County, �� (srore)withhia/her last � '� ' principal residence at .7�S /Sor� Gr�e /�D �u�»�(it.^�� Street�ddrest,Post OIMke�nd 7ip Code Ci1y,Townsbip or Boroo=fi �(,p r Coua Decedent died at �arrrs6u �bs ��l jl�f `r�n� �, f�a.-�r�sL t� T`"�"�',' ''� � � i Strcet addren,Pwt OfRce aad Z[p Code City,Townahip or Barou$A Coun State Estimau of value of decedent's property at death: ;Ijdo�niciled ie Psnesyifvanio............................ All personal property $ 10�. [9T 04�_00 ; Ijnot donriciled in Pennsylvania. ....................... Personal property in Pennsylvania $ � !; ,; ' If not doneictled fn Psansylvsaia. ....................... Personal property in County a d � 'i Value ojrea/utate tn Ptensylm�ia......................................................... S O ,� TOTAL ESTIMATED VALUE.,.. a iOT 000 . 6 Q Real estate in Pennsylvania situated at: �✓f� ' ' (Attoch additional sheets,ijnecessary.) Street addrea,Post Oitfce and Zip Code City,TowmR(p or BorouLh County � 'i �( A. Petition for Probate and Grant of Letters Testaraentarv Petitioner(s)aver(s)he/she/they is/are the fixecutor(s)named in the tast Will of the Decedent,dated O7 �`� �4�U ani Codicil(s) thereto dated ' � : State relerant circemttanea(ag.renunciotion,deatG of txecwtor,etc.) ' � ': 'I Except as follows:after the execution of thc instrument(s)offered for probate Decedent did not marry,waa not divorced,was not a party w a pending I '! d'+vorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.GS.§3323(g),and did not have a child bom or � '; adopud;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ,�NO EXCEPTIONS ❑EXCEPTIONS �', '� i ❑ B. Petition for Grant of Letters of Administration (If applicable) i � c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,dr�uete absentia,�ante minoritate i I If Administratioa,c.�a,or db.n.c.ta.,enter date of Will in Sect�on A above and co� �it of 1[�. � r�rt 'i� n Except as foUows: Decedent was not a party to a pending divorce proceeding wherein the grounds for div�j '�'it 6een es�ished�c�ned i in 23 Pa.C.S.§3323(g)and was neither the victim of a kiiling nor ever adjudicated an incapacitated person�3 A ��..�.. ,,,,,� � i i ❑NO EXCEPTIONS �EXCEPTIONS a z � r�v �'� � � Pedtioner(s),after a proper search has/have ascertained that llecedent left no Will and was survived bythe folid�ing.gpo�e(ifan�and�s�trnch udditionat sheets,if necessary): � p � � � Q � =� Name Retationshi A� e� �� f' !' Cl� �� _ Ul ��'1 'i � � , 4 Form RW-(11 ��.rn�rcizau . Page l of 2 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ �____ _._. �.��:v_:.__� ._,__ _._..____ .�i�;u�. ._. .. ._ ... , .. _._ .__. ._- . _ _.. .. ._ ._ . _ .._._ .. _._.. ._..._. _. . _. ._. . . _...w*+ . . _ Oath of Personal Representative ot��u�o�iy COMMONWEALTH OF PENNSYLVANIA } ' } SS: COUNTY OF } Petitioner(s)Printal Name Petitioner(s)Printed Addresa %( ,1.��., i�, h�u�a i � �a �� a�s u �A � ',�� i� � The Petitioner(s)above-named swear(s)or affirm(s)the statements in th�foregoing Petition are tnu and correct to the best of the knowledge and belief�j'; of Petitioner(s)and that,as Personal Representative(s)of the Decedent,the Petitioner{s)will well and tcuty administer the estate according to law. Sworn to or aff ed an subscribed before �C.c.s�l. � ��r-v'�!'-.�•�,� Dace�1 a aD/,�� me of � Dace �°''. ', BY Date ' i' �: For!!�e Regisler DetC �i BOND Required:Q YES �.KS To the Rtgi.rter ajWiUa: FEES: Pleaae eater my appearance by my signature below: � Letters. .. ... . ............... S ��0. � Attorney Signature: !�.�,; ( -r`j )Short Certificate(s)...... 2�. ( )Renunciation(s�......... ' +'•+!' r.: ( )Codicil(s). . . .. ........ n � :� ( )Affidavit(s)............ O t'rt � Bond.. .. . .... ..... .... ...... Printed Nsme: � � � �'? I� Commission. .. . . . .. .. ....... . Supreme Court �*'► y C7 "� , i�i Other ....., ID Nnmber. � �` � � r�rt '�;`� ...... ----�= '�—�'�_ Firm Name: o � � -T,� O ,,: ...... ��J.�� Address: p � � �' � i�+ ...... � Iji ...... .� �.�. �"�'� ...... p„ T� ' � 1 ii •••••• Phone: Automation Fee. . ... ......... . Fax: � �'' ;,; JCS Fee. . .... .. ... .......... Email: TOTAL. . . ... ... . . .. . . ...... E ;! DECREE OF THE REGISTER Estate of_ �PQ� �� (�� File No• 2� —� —��R� a/k/a: n.� �� AND NOW, ,��1`r✓ ' in consid ation of th foregoing Petition, satisfactory proof having been presente efore me,IT I DEC ED th t Letters � are hereby granted to lf1 C� K-. - a, C ' in the above estate and{if applicable)that the instrument(s)dated , described in the Petition be admitted to probate and filed of record as the last Will(and Cod' il(s))of Decedent. Register of Wills��p,f- � r`f`�' �� Fa•m RW-01 ,��..��u�rno�! Page 2 of 2 . �_ . __ _ � _ __ __ _ _ _ _ _ __ __ _ _ _ __ . _ .. __ _._ __ __ _ _au;3.., -_ _. ___ _ .. _._. _ _ . _ � �.. _ _ _ _ _ __ . ��. _ Last Will and Testament of Jean M. Houseal � j i I, Jean M. Houseal, a resident of Harrisburg, Dauphin County, Pennsylvania, revoke any '� '' prior wills and codicils made by me and declare this to be my Last Will and Testament. � I ' I ; ; Article One �.: �, Family Information � � � � � ;, i � � �, � � � I have three children. They are: � x� r" rv � �-°n z rr' rv �s v Richard S. Houseal, born on January 15, 1950; � `I' � c> c� ' i c7 t., � -'� -r, -rt � Linda K. Houseal, born on January 25, 1952; and `�' ° `'' � �' : � rv �`° � � I Ernest E. Speck,Jr., born on May 1 b, 1953 -� � � o � .� � -h � ' All references to my�hildren in my Will ar�to these children. �, I References to my descendants are to my children and their descendants, including descendants ��f � ', ' any deceased child. , , I have also provided for the following individuals in my Wi1L• I' ' i i Name Relationship j ' Teresa M. McDaniel granddaughter � I Joshua L. Houseal '� grandson � i, i' Article Two i i' I ; Specific and General Gifts ' ' Section 2.01 Disposition of Tangible Personal Property ! I I � I give all my tangible personal property, together with any insurance policies covering the ' property and any claims under those policies in accordance with a "Memorandum for Distribution of Personal Property" or other similar writing directing the disposition of the �' property. Any writing prepared according to this provision must be dated and signed by me. ' If I leave multiple written memoranda that conflict as to the disposition of any item of tangible i ' personal property, the memorandum with the most recent date will control as to those items that � are in conflict. � I ;', ' 'i �'' i ;I I, ' Page 1 � , _ _ -- __ _ - -- -- _ _ _ _ _ �.�.v�.;_ _ _ __ ..,.,� , � If the memorandum with the most recent date conflicts with a provision of this Will as to the specific distribution of any item of tangible personal property, the provisions of the memorandum with the most recent date control as to those items that are in conflict. I intend that the writing qualify to distribute my tangible personal property under applicable state law. �! !I i I Section 2.02 Contingent Distribution of Tangible Personal Property I give any tangible personal property not disposed of by a written memorandum to Richard S. �!, I'��I�', Houseal, Linda K. Houseal, Ernest E. Speck, Jr., Teresa M. McDaniel, and Joshua L. Houseal, in � !' shares of substantially equal value, to be divided among them as they shall agree. If they do not agree upon the division of the property within six months after my death, my Executor will make , ',, the division according to the Executor s discretion. My Executor may use a lottery or rotation , ''I I, system or any other method of allocation to determine the order of selection and distribution of the property. As an alternative, my Executor may sell all or any portio� of the propert�r and distribute the net proceeds equally among Richard S. Houseal, Linda K. Houseal, Ernest E. Speck, Jr., Teresa M. McDaniel, and Joshua L. Houseal. My Executor will not incur any liability �' to any party for decisions made by my Executor with respect to the division or sale of my I; tangible pers�nal property. Ariy decision made by my Executor will be final and bind�ng on all I, �il ' of my beneficiaries. ; ��, � ;i Section 2.03 Defrnition of Tangible Personal Property : . ' �� . i ,,, � For purposes of this Article, the term "tangible personal property" includes but is not limited to ';; �,� my household furnishings, appliances and fixtures, works of art, motor vehicles, pictures ' ii ' collectibles, personal wearing apparel and jewelry, books, sporting goods, and hobby j i, paraphernalia. �II „'I �, Section 2.04 Incidental Expenses and Encumbrances ' � Until property distributed in�accord�ce P th this Article is delivered to the appropriate �' '�i beneficiary or to the benefici s le al re resentative, my Executor will pay the reasonable � !! expenses of securing, storing, insuring, packing, transportin g, and otherwise caring for t he �i property as an administration expense. Except as otherwise provided in my Will, my Executor '' ' will distribute property under this Article subject to all liens, security interests, and other ! �,�� encumbrances on the property. % ;, Articie Three '� " i �� ;I My Residuary Estate � i'; '. �� i� Section 3.01 Definition of My Residuary Estate I ''',!, . ii ,, All the remainder of my estate, including property refened to above that is not effectively I, �!I ' disposed of, will be referred to in my Will as my"residuary estate." I, 'I'�i �'� �,I �I', I � �� Page 2 ; �I'� i ;' . _ _ - __ _ _ _ _ _ ____ _. - — _ ,, � ; ,��., _F _ . .��. - Sect�on 3.02 Disposition of My Residuary Estate My Executor shall divide my residuary estate into shares as follows: ,,; Name Relationship Share '' ' Richazd S. Houseal son 20% , ! Linda K. Houseal daughter 20��0 �� Ernest E. Speck,Jr. son 20% I� i Teresa M. McDaniel granddaughter 20% � Joshua L. Houseal II grandson 200�0 I give each share to the beneficiary outright. If a beneficiary is deceased, I give the beneficiary's � share to his or her descendants,per stirpes. If the beneficiary has no living descendants, I give � the share to the other ber�eficiaries pro rata. If there are no other beneficiaraes my Executor shall � � distribute the share as provided in Article Four entitled"Remote Contingent Distribution." : ' I � � Article Four � Remote Contingent Distribution , If, at any time, there is no person or entity qualified to receive final distribution of my estate or any part of it, then the portion of my estate with respect to which the failure of qualified recipients has occurred shall be distributed to those persons who would inherit it had I then died - intestate owning the property, as determined and in the proportions provided by the laws of the Commonwealth of Pennsylvania then in effect. Article Five � Designation of Executor Section 5.01 Executor � , I name Linda K. Houseal as my Executor. If Linda K. Houseal fails or ceases to act as my Executor, I name the following, in the order named, as my Executor: I Ernest E. Speck, Jr.; and then i � Richard S. Houseal ; � Article Six General Administrative Provision s The provisions of this Article apply to my probate estate. � Page 3 � ,; _ ___ _ _ --_ _ _ _ _ _ ___ __ _ _ ____ _ __ _ _ �� - _ __ __ _ __ _ _ __ _ _ _ _ _ ____ rnw_ __ Section 6.01 No Bond No Fiduciary is required to furnish any bond for the faithful performance of the Fiduciary's � duties, unless required by a court of competent jurisdiction and only if the court finds that a bond is needed to protect the interests of the beneficiaries. No surety is required on any bond required by any law or rule of court, unless the court specifies that a surety is necessar . ; Y I Section 6.02 Fiduciary Compensation � i An individual serving as my Fiduciary is entitled to fair and reasonable compensation for the ; services rendered as a fiduciary. A corporate Fiduciary is to be compensated by agreement with i an individual Fiduciary or, in the absence of an individual Fiduciary or in the absence of an agreement, in accordance with the corporate Fiduciary's published schedule of fees in effect at the time the services are rendered. ' M Fiduci � y ary may charge additional fees for services it provides that are not comprised within its duties as my Fiduciary such as fees for legal services, tax return preparation and corporate finance or investment banking services. � '� In addition to receiving compensation, my Fiduciary may be reimbursed for reasonable costs and expenses incurred in carrying out its duties,under my Wil�. . , Section 6.03 Determination of Principal and Income , � i The Pennsylvania Principal and Income Act will govern beneficiaries' rights among themselves in matters concerning principal and income. If the Pennsylvania Principal and Income Aet contains no provision concerning a particular item, my Fiduciary shall determine in a fair, ' equitable and practical manner what will be credited, charged, and apportioned t�etween principal and income. Section 6.04 Spendthrift Trust Provision i I This will, and all Trusts created hereunder, are intended to qualify as Spendthrift Trusts. In � addition, all interests in this will, or in any Trust hereunder, are intended for the personal protection and welfare of Grantor's named beneficiaries, and no beneficiary shall be allowed to voluntarily or involuntarily assign or anticipate his or her interest in the income or principal of this will or any Trust hereunder, and no beneficiary's creditors, nor a spouse or former spouse of any beneficiazy, shall be allowed to attach or otherwise reach any such interest before actual '' ''' payment to the beneficiary. '� If any beneficiary shall become the subject of a judgment or court order, then during the period i in which such judgment or court order remains in effect, such beneficiary shall only be permitted to receive distributions from any Trust created for the benefit of such beneficiary at the discretion of the Trustees. T'his limitation as to the right of a beneficiazy to receive a distribution shall apply notwithstanding any provisions within the trust for such beneficiary which authorize distributions for the health, education, support or maintenance of such beneficiazy. In addition, if any beneficiary shall become the subject of a judgment or court order, and such beneficiary is only entitled to discretionary distributions from a Trust created for their benefit, it shall not be an abuse of discretion by the Trustees to withhold distributions to such beneficiary while such I judgment or court order is in effect. Page 4 i _ _. _ _ _ _ _ _ __ __ _ _ _ _ __ _ _ _ _ _ _ _ � _ _ 1�,.�.�_ _ _ _ _ __ _ . _ _ . _.e�. _ If the Trustees determine that a beneficiary would not benefit as greatly from any outright distribution of Trust income or principal because of the availability of the distribution to the beneficiary's creditors, the Trustees shall instead expend those amounts for the benefit of the beneficiary. This direction is intended to enable the Trustees to give the beneficiary the maximum possible benefit and enjoyment of all of the Trust income and principal to which the beneficiary is entitled. �,j ';, 'I Nothing contained in this Section shall restrict in any way the exercise of any power of '' appointment granted in this agreement. !, ',I � ,, ; Section 6.05 Distributions to Incapacitated Persons and Persons Under ;, ',I Twenty-One Years of Age �, If my Executor is directed to distribute any share of my probate estate to any beneficiazy who is '��I under the age of 21 years or is in the opinion of my Executor, under any form of incapacity that ' ��! renders such beneficiary unable to administer distributions properly when th�e distribution is to be made, my Executor may, as Trustee, in my Executor's discretion, continue to hold such ;; beneficiary's share as a separate trust until the beneficiary reaches the age of 21 or overcomes ', I� the incapacity. My Executor shall then distribute such beneficiary's trust to him or her. iil While any hust is being held under this Section, my Trustee shall pay to t�e beneficiary for 'i �,I whom the trust is held such amounts of the net income and principal as the fiduciary determines to be necessary or advisable for the beneficiary's health, education, maintenance and support. , , Upon the death of the beneficiary, my Trustee sha11 distribute any remaining property in the �I trust, ineluding any accrued and undistributed income, to the beneficiary's then living ; �) descendants,per stirpes, or, if none, to my then livin descendants ' ' g ,per stirpes. If I have no then living descendants the property is to be distributed under the provisions of Article Four entitled ' I "Remote Contingent Distribution." , Section 6.06 Representative of a Beneficiary !: ii The guardian of the person of a beneficiary may act for such beneficiary for all purposes under � �, my Will or may receive information on behalf of such beneficiary. ; � Section 6.07 Ancillary Administration ; ��i In the event ancillary administration is required or desired and my domiciliary Executor is unable or unwilling to act as an ancillary fiduciary, my domiciliary Executor will have the power to designate, compensate, and remove the ancillary fiduciary. The ancillary fid�ciary may be either ! ', a natural person or a corporation. My domiciliary Executor may delegate to such ancillary ; !i fiduciary such powers granted to my original Executor as my Executor may deem proper, i I including the right to serve without bond or surety on bond. The net proceeds of the ancillary ; estate are to be paid over to the domiciliary Executor. i � Section 6.08 Delegation of Authority; Power of Attorney Any Fiduciary may, by an instrument in writing, delegate to any other Fiduciary the right to ''� exercise any power, including a discretionary power, granted the Fiduciary in my Will. During the time a delegation under this Section is in effect, the Fiduciary to whom the delegation was made may exercise the power to the same extent as if the delegating Fiduciary had personally I Page 5 ' j ; i) _ __ _ _ _. __ _ _ - �� _ _ ;x.„.� ,.. __ _ . _ __ . _ .�.•._ joined in the exercise of the power. The delegating Fiduciary may revoke the delegation at any time by giving written notice to the Fiduciary to whom the power was delegated. The Fiduciary may execute and deliver a revocable or irrevocable power of attorney appointing any individual or corporation to transact any and all business on behalf of the trust. The power of attorney may grant to the attorney-in-fact all of the rights, powers, and discretion that the I, Fiduciary could have exercised. ; �, ii Section 6.09 Merger of Corporate Fiduciary ' ;�i If any corporate fiduciary acting as my Fiduciary under my Will is merged with or transfers i '� substantially all of its trust assets to another corporation or if a corporate fiduciary changes its � �'' name, the successor sha11 automatically succeed to the position of my Fiduciary as if originally � ' named my Fiduciary. No document of acceptance of the position of my Fiduciary shall be ' ' required. i I! : , Article Seven � �' Powers of M� Fiduciaries �' Section 7.01 Grant of Powers � �'' My. Fiduciaries may perform every act reasonably necessary to administer my estate and any , trust established under my Will. Specifically, my Fiduciaries may exercise the following � ;' powers: They may hold, retain, invest, reinvest and mana e real or � ' g personal property, '; including interests in any form of business entity including but not limited to, ; ; limited partnershi ps and limited lia bi li ty companies, an d po licies of life, health and disability insurance, without diversification as to kind, amount or risk of non- productivity and without limitation by statute or rule of law. � �'� ; ; They may partition, sell, exchange, grant, convey, deliver, assign, transfer, lease, option, mortgage, pledge, abandon, borrow, loan, contract, distribute in cash or ': ! kind or partly in each at fair market value on the date of distribution, without ' ' requiring pro rata distribution of specific assets and without requiring pro rata I allocation of the tax bases of such assets. ' � ', They may hold in nominee form, continue businesses, carry out agreements, and ,' Ii deal with themselves, other Fiduciaries and business organizations in which my Fiduciaries may have an interest. � '' They may establish reserves, release powers, and abandon, settle or contest � � claims. They may employ attorneys, accountants, custodians of the trust assets, and other a ent . s or . assist ants g as deem ed adv' i sable t� act wrth or without discretionary I�, powers and compensate them and pay their expenses from income or principal or both. '' ' � Page 6 i ; i ,' ,; � _ _ . __ ! � _ _ _ _ _ _ _ _ _ _ ___- _ _ _ 1 �_��, _ _ _. ___ _ _ . _ _ _ .�r�._ _- Section 7.02 Fiduciaries' Powers Act In addition to all of the above powers, my Fiduciaries may, without prior authority from any court, exercise all powers conferred by my Will or by common law or by the Pennsylvania Probate, Estates and Fiduciaries Code or other statute of the Commonwealth of Pennsylvania or any other jurisdiction whose law applies to my Will. My Executor has absolute discretion in � �� exercising these powers. Except as specifically limited by my Will, these owers extend to all I I�,� property held by my fiduciaries until the actua.l distribution of the property. p �i �''�I i Section 7.03 Alternative Distribution Methods ' I!�; � M Fiduci �' ''�� y ary may make any payment provided for under my Will as follows: ' 'i il Directly to the beneficiary; , !,,i ' ll In any form allowed by applicable state law for gifts or transfers to minors or � persons under a disability; To the beneficiary's guardian, conservator, agent under a durable power of , ',; attorney or caregiver for the beneft ofthe beneficiary; or ; i , By direct payme�t of'the:be�eficiar.y's experises, made in a manner consistent . ' II wi t h t he proper exercise of the fiduciary's duties hereurader. A receipt by the . '' II recipient for any such distribution fully discharges my Fiduciary. '! ' � '� • j � � � � Article Eight �� Provisions for Payment of Debts, Expenses and Taxes � '; �� ,, ,� Section 8.01 Payn�ent of Debts and Expenses ! �I�' I direct that all my legally enforceable debts, secured and unsecured, be paid as soon as '; i practicable after my death. � , Section 8.02 No Apportionment � � Except as otherwise provided in this Article or elsewhere in my will, my Executor shall provide ! i� ; '�, for payment of all estate, inheritance and succession taxes payable by reason of my death("death ' taxes") from my residuary estate as an administrative expense without apportionment and will j ji not seek contribution toward or recovery of any death tax payments from any individua.l. ; ',' Section 8.03 Property Passing Outside of My Will ! i�i Except as to Qualified Retirement Benefits, death taxes imposed with respect to property ; li included in my gross estate for purposes of com putin g the tax a n d p as s i n g o t h e r t h an b y m y W i l l �) are to be apportioned among the persons and entities benefited in the proportion that the ta�cable � �,I value of the property or interest bears to the total taxable value of the property and interests i ' received by all persons benefited. The values to be used for the apportionment are the values as '' '' finally determined under federal, state, or local law as the case may be. I i , � � , il Page 7 '' ' iII - _ _ __ _ _ __ _. _ _ _ __ _ _ ,��.�y __ _ . : _ . _ _ _ _ _�.. _ Section 8.04 Tax Elections In exercising any permitted elections regarding taaces, my fiduciaries may make any decisions that they deem to be appropriate in any circumstances, and my fiduciaries are not required to make any compensatory adjustment as a consequence of any election. My Executor may also pay taxes or interest and deal with any tax refunds, interest, or credits as my Executor deems to ; ��i be necessary or advisable in the interest of my estate. �� My Executor, in his or her sole and absolute discretion, may make any adjustments to the basis ; ''; of my assets authorized by law, including but not limited to increasing the basis of any property ' I� included in my gross estate, whether or not passing under my Will, by allocating any amount by ; ',; which the basis of my assets may be increased. My Executor is not required to allocate basis ' ��,,� increase exclusively, primarily or at all to assets passing under my Will as opposed to other !,�� property included in my gross estate. My Executor may elect, in his or her sole and absolute ; �'�j discretion, to allocate basis increase to one or more assets that my Executor receives or in which my Executor has a persqnal interest, to the partial or total exclusion of other assets with respect to which such allocation could be made. My Executor may not be held liable to any person for the exercise of his or her discretion under this Section. '' '�� li � .. , , ;,I Article Nine , '��j Definitions and General Provisions . , �; �I . ` ' i Section 9.01 Definitions ' , ' i ' For purposes of my Will and for the purposes of any trust established under my Will, the ; �) following definitions apply: ; � (a) Adopted and Afterborn Persons �', i,l A legally adopted person in any generation and his or her descendants, including i I� adopted descendants, will have the same ri g hts and will be treated in the same � ��i manner under my Will as natural children of the adopting parent, provided the ; j) person is legally adopted before attaining the age of 18 years. A person will be ; �� deemed to be legally adopted if the adoption was legal in the jurisdiction in which '� it occurred at the time that it occurred. ' ''' (b) Descendants ' � ! ,; � The term "descendants" means any one or more person who follows in direct ; ; descent (as opposed to collateral descent) from a person, such as a person's ' �,,� children, grandchildren, or other descended individuals of any generation. ' ' i !i� (c) Fiduciary ; I "Fiduciary" or "Fiduciaries" refer to my Executor. My "Executor" includes any ,'�, �'I executor, ancillary executor, administrator, or ancillary administrator, whether ,, �I local or foreign, and whether of alI or part of my estate, multiple Executors, and � �� their successors. �� I II I; � i ; Page 8 '�' ; j� � ',i _ _ _ _ . _ _ . _ _ _ _ __ _ _ _ ��...� _ _ _ _ _ : T ___ ___ __ � __ (d) Legal Representative ' As used in my Will, the term "legal representative" means a person's guardian, conservator er sonal re resentative execut r , o administra P tor T P , , rustee or an , , Y other person or entity personall re resentin a erson or the rson's esta Y P te. g P � ' I' (e) Per Stirpes Whenever a distribution is to be made to a person's descendants per stirpes, the distribution will be divided into as many equal shares as there are then-living children of that person and deceased children of that person who left then-living I descendants. Each then-living child will receive one share and the share of each deceased child will be divided among the deceased child's then-living � descendants in the same manner. (fl Primary Beneficiary The primary beneficiary of a trust created under this agreement is the oldest income beneficiary of that trust unless some other individual is specifically designated as the primary beneficiary of that separate trust. ,_ (g) Shall and May ; . � , Unless otherwise specifically.Provided in my Will or by the context in which i used, I use the word "sh�ll" in my .Will to command, direct or require, and the � word "may" to allow or permit, but not require. In the context of my Trustee, when I use the word "may" I intend that my Trustee may act in its sule and absolute discretion unless otherwise stated in my Will. '; ' (h) Other Definitions Except as otherwise provided in my Will, terms shall be as defined in the � Pennsylvania Probate, Estates and Fiduciaries Code as amended after the date of my Will and after my death. ! ' Section 9.02 Contest Provision I I�,I If any person directly or indirectly attempts to contest or oppose the validity of my Will, � '' (including any codicil to my Will), or commences, continues or prosecutes any legal proceedings to set my Will aside, then that person will forfeit his or her share, cease to have any right or ' ' interest in my estate, and will, for purposes of my Will, be deemed to have predeceased me. This Section may not be applied so as to cause forfeiture of any distribution otherwise qualifying for the federal estate tax charitable deduction. �,' � '' Section 9.03 Survivorship Presumption If any beneficiary is living at my death, but dies within 30 days thereafter, then the beneficiary � ' will be deemed to have predeceased me for all purposes of my Wi1L � ; � ' Section 9.04 General Provisions � , The following general provisions and rules of construction apply to my Wi1L• ' ', Page 9 � '' � I, ' ; �� _- __ � _ _ _ _ __ -_ _ _ _ __ _ - - ___ _ __ _ ��__ _ . __ _ _. , : ; _ _. _ _ _ _ �� (a) Singular and Plural; Gender Unless the context requires otherwise, words denoting the singular may be i' construed as plural and words of the plural may be construed as denoting the singular. Words of one gender may be construed as denoting another gender as is I',�' appropriate within the context. The word "or" when used in a list of more than ! � two items may function as both a conjunction and a disjunction as the context i requires or permits. � (b) Headings of Articles, Sections, and Subsections ; � The headings of Articles, Sections, and subsections used within my Will are i included solely for the convenience and reference of the reader. They have no significance in the interpretation or construction of my Will. � (c) Goveming State Law , � ' My Will shall be governed, construed and administered according to the laws of ' the Commonwealth of Pennsylvania as from time to time amended. Questions of ' ' administration of any trust established under my Will are to be determined by the � i laws of the situs of administration of that trust. ' (d) Notices . I ; � Unless otherwise stated, whenever my Will calls for notice, the notice will be in � i �� writing and will be personally delivered with proof of delive � � ry, or mailed postage � � ` prepaid by certified mail, return receipt requested, to the last known address of tHe � '�''� party requiring notice. Notice will be effective on the date personally delivered or on the date of the return receipt. If a party giving notice does not receive the � return receipt but has proof that he or she mailed the notice, notice will be j effective on the date it would normally have been received via certified mail. If ! notice is required to be given to a minor or incapacitated individual, notice will be I given to the parent or legal representative of the minor or incapacitated individuaL � (e) Severability � , The invalidity or unenforceability of any provision of my Will does not affect the validity or enforceability of any other provision of my Will. If a court of i � competent jurisdiction determines that any provision is invalid, the remaining i � . provisions of my Will are to be interpreted and construed as if any invalid i ; provision had never been included in my Will. '� � i I, Jean M. Houseal, having signed this Will in the presence of , M N�� and i � ��s�-► E. L.2�e_r who attested it at my request on this day, I 2010 at Harrisburg, Pennsylvania, declaxe this to be my Last Will and Testament. � � ' I � � i i � M. Houseal, Testatrix � Page 10 i ! � i - _ _ _ __ _ _ . _ _ _ _ ._ ___ _ . __ _ ' I __ _ _ _ �ii,;� _ . ___ _ �. _____ : _ �� The above and foregoing Will of Jean M. Houseal was declared by Jean M. Houseal in our view ; and presence to be her Will and was signed and subscribed by the said Jean M. Houseal in our li view and presence and at her request and in the view and presence of Jean M. Houseal and in the ' I, view and presence of each other, we, the undersi ied, witnessed and attested the due execution ! ��' of the Will of Jean M. Houseal on this day, , 2010. ' ��' �� C-) �► �' residing at � �-�� VL�, �ar r;��vr9 .� � 7/0 � residing at _�4 3� ��,,��-�, �� , , � . �i } �, , ��►`7► 1 1 ' ' PENNSYLVANIA SELF PROVING AFFIDAVIT ; COMMONWEALTH OF PENNSYLVANIA ) ) - COUNTY OF DAUPHIl� � ) � I, Jean M. Houseal, the testatrix whose name is signed to the attached or foregoing inshument, having been duly qualified according to law, do hereby acknowledge that I signed and executed � the instrument as my Last Will; and that I signed it willingly and as my free and voluntazy act for � the purposes therein expressed. Sworn t or affirmed and acknowledged before me by Jean M. Houseal, the testatrix, this day, �_, 2010. �'3'1• � , an M. Houseal, Testatrix � , ' ; i No Public YMIiA Nof�eMl!MI �M.�O��R 2�Oip . ��►.�l�eoci�tlon d No41a Page 11 � � __ _ _ _ —_ __ _ � _ _ _ _ _ _ _ ��;. _ .._.. ___ .. .._. .__. __. ... . . _. . . �.-..:.., y,.._.._...:.. _ . . . . . . . ........ � '__. �� .. COMMONWEALTH OF PENNSYLVANIA ) ) � CO TY OF DAUPHIN ) �,' We, Y''� �� and��J�.�+�.�._ , the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do i depose and say that we were present and saw the testatrix sign and execute the instrument as her Last Will; that the testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testatrix signed the will as a witness; 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. ' � I,' , � � , Witne � � Witness , , � I , Notary ic cor�+oKw TM �isn.ww�► � Hoaw s..� �pq�MlN�e M.MNn�ieck,N�Y�+� GonniMon �� Men�.PdxisMvanla 1�od�tlon d Nohdes � i I' �' � Page 12 i . _ .. __ --_ __ _ _ __ _ __ _._ _— _ - -- _ _ __ li� __