HomeMy WebLinkAbout07-12-13 PETITION FOIi GRANT OF LETTERS
REGiSTER OF W1LLS OF �.U�YIy)(;Yldll COUNTY,PENNSYC,VANIA
Petitioner(s) named below, who is/are 1$ years of age or older, apply(iES) for Letters as specified below, and ir�
support thereof aver(s)the foliowing and respectfutly request(s)the grant of Leriers in the appropriate form:
Decedent's Informallon �J 2
Namc: Tohn �^I� �nD?a��P,�( FeleNo: �f �� ;/ �����
a/k/a: (Aasigned by Register)
a/kla:
a!k/a: Social 5ecurity Na:
Date of Death: a a � .3 Age at dealh: 8%
Decedent was domiciled at deatl�in l b.e , f Counry, (s�are)witl�his/i�er asY
pri�cipal residence at 6� Su Jy� �i^il� nr�ts.P .�il,n,�¢r�A
Slreef address,Pus�pRce and%ap Code Cily,7'awnship u raogh /_ / / Coonty
Decedent died at 6'� sx�'�On �n�2 �arGsle �m�Y{tnq ��
3treet address,Post Oliice and Zip Code Ciry,Towna6ip or Borough Couuty Stale
Estimatc of wlue of dect�lent"�}unperty at dealh: / p� ,e�
ljdomicikd in Pennsyfvaxia............................ All personat property $ O �J�[/���
If not dareicAed ie Pennsplva»ra. ........ ............... Personai property rn Pennsylvanis S
I/'rtnt domiciitd in Pcnnryivania. ....................... Pcrsonal property in County $ �
Vplue of reat rstafe in Peansylvnaia.................... ..................................... $
TOTAL ESTIMATED VALUF,. ... $_� 7 � OIJD,
Real es[ate in Pennsylvania situated at
(Atfe�ch addiliona!rheets,i(necesswy.) Sircet addrea&Pesf Uft�ee and Zi�Cade City,TowAS6ip w 8oroagh Coonty
ty� A. PMirion for Probate and Grant of Letters 7'estamcutary C /�
Petitioner(s)aver(s)6e/shelthey islare tt�e Faecuwr(s)anmed in the last Will of ihe 1)aceclent,datad� �J^ " �,(�and Codicil(s)
Wereto dated
8fa[erelevanl cimuuntantes(eg,renunciadmy death of�tcu�Uu)
Excc}xasfollovts:aRectheexccurionoFtficimlrument(s)oftcredforprobateDeccdentdidnotmsrry,w notdivoeced;�asnota e�,ytoapending
divnrce praceeding whercin the grounds for divorce had becn cstablishcd as defincd in 23 Pa.C.S.�323(g),and���ot F�e 4�3hild bom or
adnpted;and L3eccdent was neithcr the victim of a ki0ing nor wes aetjudicated zn incapacimte3 perso{� � � � n .
aj/NO EXCEP'C10NS U EXCEPTIONS m � r, � � O
� m r ti. ;,.t m
❑ B. PetiNon for Grant of Letters of Administratinn ((fapplicablc) rr,. � �: N �' �
c.f.¢,d.b.rt„dh.rt.c.t.a.,penderstOtr,dwTmte n�.nda,���eminantate
C�
[f Administcation,at.a.or dlxn.c.ta.,enter date of Wii{in Section A above arabc&mp�ek_e__.e h�oi 6q_i�
Except as fi�llows: Decedent wus not a pacty lo a penJing divorce proceedittg wherein tkie gm�neh for�k�c�:e Nacl i�n es4d+Iidit�t as defineJ
in 23 Pa.C:.S.§3323(g)and was neithet the vic[im ofa killing nor ever adjudicated an incxpucitefed�n. Fa !,n o
—�.] �
ll PIO EXCEPC[ONS C1 EXCEP'FiOSVS
Petitionei{s),aiter a Pmper search FmrJf�ave uncertained that Deceelent left no Witl:u�d wru survived by the fotfowinbsp�use(ifxny)undAeirh(attach
additinnal sheeRr,f/'neeesaary):
Name .Relnlionshi Address
ro.m aw-oz ,�.roru�zort Page I of 2
_
Oath of Personal Representative ��+al UseOnly
COMMONWHALTB OF PBNNSYLVANIA �
} SS:
COUNTY OF j
Petitioncr(s)Prinkd Name Pctitione�(s)Printcd Add(ess
L �goo 8re��oo �,ue �; aW ��o.�'�
The Petitioner(s)above-nartMd swear(s)or affirtn(s)the smtements' Ihe forogoing Pctirion atc auc and cortect to the best oCthe know{edgca�bclief
of Pctitionci{s)and tha4 as Pcrsonal Rcprescnmtivc(s)of�hc T) 4�hc P/ctiti s)will well and uuly ndminishr thc cswtc uccordi�g W law.
Swom to o�r7 affifined and subscribed before ��(� Date 7 - i� - / 3
n1C �$� nc(�`d7y Of �� Date
By: t Date
Fo�(hc Rt7;irler DatC
BUNDRCqulred: O YES Q NO TolheRegisterofWi!(s:
F�i$$: Please cnter my appcarancp Ay my signatnre betow:
Letters. ... .. ... . . . . . . .. . . . . . S ��0.� AUOmey Signaturo:
( /Q )ShortCenificam(s). .. .. . _jQ,�
( )Renuncietion(s)..... .. ..
( )Codicil(s). .. . . . . ... . . .
( 1 Atfidavit(s).. ..... . .. . . -{ I/ /�� /,
Bond.... .. ... . . . . . . . . . . ... . . PrintedName: �l0$QO� K. U�OK�
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...... Phonc: r//7-7�.3'.�6�
Automation Fec. . . . ..... . .. .. . Fax: 7/ - 6�.5"o�i�oZ
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� �e �Jre � � O�( S �a � e
Oath of Personal Representative ors��si us�o�iY
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF } �
Petitioner(s)Printed Name Petitioner(s)Printed Address)
�
The Petitioner(s)above-named swear(s)or af6rm(s)tNe statements in the foregoing P ition are true and correct m the best of the knowledge and belief
of Petitioner(s)and that,as Personal Representative(s)b the Decedent,flie PetiC er(s)will well and truty administer the estate according to law.
Sworn to or affirmed and subscribed befoce Date
me this_day of ,^ Dace
By: Date
For[he Register Da[e
BOND Required:Q YES �NO V'a the Register ojWiUs: �.
FEES: ��ease enter my appearance b � y signatur�elo • �
m
Letters. . . . . . . . . . . . . . . . . . . . . . $ Att rney SignaWre: � � c � p
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( ) Codicil(s). . . . . . . . . . . . n T` � N � a
( )Affdavit(s).. . . . . . . . . . . � p n 7` � O G
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed N �ne: c-, o � '� � —;
Commissio��. . . . . . . . . . . . . . . . . . Supreme Co rt � � r.• :- ej -
Other . . . . . . . . ID Number. _�� � � +�
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TOTAL. . . . . . . . . . . . . . . . . . . . . $
DECREE OF THE REGISTER
� Estate of� Y `11 ��V�ll �� I IJ�e���-G� File';o: �G���� p � 0��/ /
a/kJa:
AND NOW, ���� C/`Y� AJ�,I L �A , l�(Ji, �u consideration of the foregoing Petition,
satisfac[ory proof h va ing been presented before e,IT IS�CREED tfiat Letters �;
are hereby granted to ►'[�� V Vl _ �_ �'°�
in the above estate and(if applicable}that
the iustrument(s) dated �a �1 l�� '"J D I � '
described in the Petition be admitted tTo probate and filed of record as the last Will (and Codicil(s))of IIccedent.
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egistet of Wil� i�� ��Q'y��
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OF O C �'i � °' ?i
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JOHN H. I3IPPENSTEEL a � � N �
� �
I, JOHN H. HIPPENSTEEL, of the Borough of Carlisle, Cumberland
County, Pennsylvania, do make, publish and declare this to be my Last VVill and
Testament, hereby revoking all Wills and Codicils by me heretofore made.
ITEM I: Familv Information. I am married to
SHIRLEI'M. HIPPENSTEEL, and all references to my wife in this VVill are to her.
I have four children: LESLIE A. BURCHFIELD, CAROLI'I�T L. ACKER, LISA S.
MAYBERRY and JOHN D. HIPPENSTEEL. These are described in this Will as
�
my children," or as "a child of mine." Any person born to or adopted by issue of
mine is to be included as issue of mine. Provided, however, no adopted person shall
benefit under this l��ill unless the order or decree of adoption is entered before the
adopted person attains the age of twenty-one (21) years.
ITEM II: Death Taxes. I direct that all inheritance
and estate taxes becoming due by reason of my death, whether payable by my
estate or by any recipient of any property, shall be paid by the Executor out of the
residue of iny� estate; as an expense and cost of administration of my estate, except
t:hat no taxes shall be charged against any gift qualifying for the marital or
charitable deduction in my estate. The Eaecutor shall have no duty or obligation to
obtain reimbursement for any such tax so paid, even though on proceeds of
insurance or other property not passing under this 1��i11.
ITEA2III: Debts and Final Exnenses. I direct the
Executor to pay the expenses of my last illness, my legally enforceable debts, and
my funeral expenses from the residue of m}> estate as an expense and cost of
administration of my estate.
Page 1 ��H
ITEM IV: Cash Gifts. If I predecease my wife, I make
the following cash gifts:
(i) To each of my children who survive me, the sum of
T4VENTY-FIVE THOUSAND ($25,000) DOLLARS, to be paid in
two (2) installments. The first installment, in the amount of
THIRTEEN THOUSAND ($13,000) DOLLARS, shall be paid as soon
as practical after my death. The second installment, in the amount of
TWELVE THOUSAND ($12,000) DOLLARS, shall be paid on or near
the first anniversary of my death.
(ii) To my sister, MARTHA HENEGAR, if she survives
me, the sum of FIVE THOUSAND ($5,000) DOLLARS; and
(iii) To my nephew, LEROY HIPPENSTEEL, if she survives
me, the sum of FIVE THOUSAND ($5,000) DOLLARS.
ITEM V: Taneible Personal Propertv.
(a) Written List. I may leave a written list in my safe deposit
box or elsewhere disposing of certain items of my tangible personal
property. The Executor shall dispose of items of my personal property
as specified in the written list. If no written list is found in my safe
deposit box or elsewhere and properly identified by the Executor
within thirty (30) days after the probate of my Will, it shall be
presumed that there is no other statement or list. Any subsequently
discovered list shall be ignored.
(b) If Wife Survives. If I die before my wife, SHIRLEY M.
HIPPENSTEEL, I give to her al] my tangible personal property not set
forth in the written list referenced in paragraph (a), including but not
limited to, all of my household furniture and furnishings, books,
pictures, jewelry, silverware, automobiles, wearing apparel and ali
Page 2 J��
other articles of household or personal use or adornmeut and all
policies of insurance thereon.
(c) If 1��ife Predeceases. If I survive my wife, I give any
property of the type described in paragraph (b) and not set forth in a
written list to my children, to be divided among them as they shall
agree. Should there be no agreement, the �xecutor shall divide this
property among them in as nearly equal portions as the Executor, in
the discretion of the Executor, deems appropriate, having due regard
to the personal preferences of the beneficiaries.
ITEM VI: Residue. I give the residue of my estate, not
disposed of in the preceding portions of this 4Vi11, as follows:
(a) Credit Trust. To my daughter, CAROLYN L. ACKER and
ING NATIONAL TRUST as Trustees, herein collectively referred to as
"Trustee," IN TRUST, to be administered and distributed as provided
in ITEM VII, a fraction of my residuary estate. The numerator shall
be a sum equal to the largest amount that can pass free of Federal
estate tax under my Will by reason of the applicaUle credit amount and
the state death tax credit (provided that the use of this credit does not
require an increase in state death taxes) allowable to my estate but no
other credit and after taking account of dispositions under other items
of this Will and property passing outside of this 1��i11 which do not
qualify for the marita] or charitable deduction and after taking account
of charges to principal that are not allowed as deductions in computing
my Federal estate tax. The denominator shail be the value of my
residuary estate. For purposes of establishing this fraction, the values
finally fixed in the Federal estate tax proceeding relating to my estate
shall be used. I recognize thaY, the numerator of such fraction may be
zero (0); in which case no property shall pass to this Trust. I also
recognize that the numerator may be affected by the action of the
Executor in exercising certain tax elections.
Page 3 ��
,' , � . . , ,
I£, at the time of my death, the federal estate tax and the
federal generation skipping transfer tax do not exist or do not apply to
my estate, the provisions of my VVill shall be interpreted as if I had
died in 2009, so that The Hippensteel Family Credit Trust is funded
and administered as would have been the case had I died in 2009.
(b) AZarital Gift. The balance of my residuary estate shall be
paid eo my wife, SHTRLEY DZ. HIPPENSTEEL, if she survives me. If
she does not suivive me, the residue shall be distributed as provided in
ITEM VII.
ITEAZ �JII: Annlicable Credit Trust. The following
provisions shali apply to the Trust established by ITEM VI {a):
(a) Name of Trust. This Trust shall be known as The
Hippensteel Family Credit Trust.
(b) Income to Suouse. The Trustee shall pay to or for the
benefit of my wife, SHIRLEX M. HIPPENSTEEL, all of the net income
of this Trust in convenient installments, but not less frequently than
annually.
(c) Princioal to Snouse. The Trustee shall pay to m3r wife,
SHIRLEY M. HIPPENSTEEL, so much of the principal of this Trust as
may be necessary in the discretion of the Trustee for the reasonable
support, maintenance, education and health care of my wife.
(d) Death of Spouse. Upon the death of my wife, the Trustee
shall divide the principal into as many equal parts as there are then
living children of mine and tl�en deceased children of mine represented
by then living issue. The Trustee shall distribute one (1) share to each
living chiid and one (1) share to the then living issue of each deceased
child, per stirpes. However, af any issue of a deceased child has not
attained the age of thirty-five (35) years at the time of distribution, the
Page 4 �
share of the beneficiary who has not attained that age shall be held by
the Trustee, IN TRUST, for his or her benefit in accordance with
paragraph (e) of this Item.
(e) Trust for Issue. In each Trust established for a
beneficiary under the age of thirty-five (35) years (each the
"Beneficiary" of his or her Trust):
(i) Net Income. The Trustee shall pay to the
Beneficiary in convenient, at least annual, installments so
much of the net income as the Trustee, in the discretion of
the Trustee, considers necessary for the proper support,
maintenance, health care and education, inciuding college
or other post-secondary education, of the Beneficiary.
Income not distributed shall be accumulated and added to
principal.
(ii) Princival. The Trustee shall also pay to or
f6r the benefit of the Beneficiary so much of the principal
as is necessary, in the discretion of the Trustee, for the
proper support, maintenance, health care and education,
including college or other post-secondary education, of the
Beneficiary.
(iii) Termination of Trust. Upon the attainment
of the age of thirty (30) years by the Beneficiary, the
Trustee shall pay to the Beneficiary one-half of the
principal of his or her Trust. Upon the attainment of the
age of thirty-five (35) years by the Bene�ciary, the Trust
shall terminate and the Trustee shall pay to the
Beneficiary the remaining assets of the Trust.
(iv) Death before Termination. Should the
Bene£iciary die before final distribution of the assets of
Page 5 !�/�/f
his or her Trust, the Trust shall terminate and the
Trustee shall pay the assets of the Trust to the then living
issue of the Beneficiary, per stirpes. However, if any
issue has not attained the age of twenty-five (25) years at
the time of distribution, the Trustee shall continue to hold
the share for that issue as Custodian under the
Pennsylvania Uniform Transfers to Minors Act for the
benefit of that issue.
(fl Trust Without Beneficiaries. If before final distribution of
the assets of any Trust established for my issue, there is no living
beneficiary of that Trust, it shall terminate. The assets of the Trust
shall be paid to the then living issue, on a per stirpital basis, of the
nearest deceased ancestor (with issue living at the time of distribution)
of the Beneficiary who is me or my issue. However; if there is then in
existence any trust created under this V��ill for the benefit of that issue,
the share which would have been distributed to that issue shall be
added to the principal of his or her trust, to be administered and
distributed as provided in this V�Till.
(g) Failure of Issue. In the event I am not survived by my
wife or any issue, or if there are no issue of mine surviving upon the
termination of any trust, the residue (or principal) shall be divided in
two (2) equal parts. One part shall be paid to those persons who would
then be entitled to my estate under the intestate laws of Pennsylvania
then in effect as if I had died at that time intestate. One part shall be
paid to those persons who would then be entitled to my wife's estate
under tl�e intestate laws of Pennsylvania then in effect as if my v��ife
had died at that time intestate owning that part of my estate.
ITEM VIII: S�endthrift Clause. No part of the income or
principal of any Trust created by this �'ill shall be subject to attachment, levy or
seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any
beneficiary prior to his or her actual receipt of income or principal distributed. The
Trustee shall pay the net income and the principal to the beneficiaries specified by
Page 6 �
me, as their interests may appear, without regard to any attempted anticipation,
pledging or assignment, and without regard to any claim or attempted levy,
attachment, seizure or other process against the beneficiary.
ITEM I%: Administrative Powers. In addition to the
powers granted at law, the Executor and the Trustee shall each possess the
following powers, each of which shall be construed broadly and may be exercised
without court approval, but in a fiduciary capacity onlg:
(a) Retain Investments. To retain any investments I have at
my death, including specifically those consisting of stock of any bank
even if I have named that bank as the Executor or Trustee.
(b) Varv Investments. To vary investments, to make loans,
and to invest in bonds, stocks, notes, real estate mortgages or other
securities or in other property, real or personal, without being
restricted to so-called "legal investments", and without being limited
by any statute or rule of law regarding investments by fiduciaries.
(c) Division of Assets. In order to divide the principal of a
Trust or for any other purpose, including final distributions, the
Executor and Trustee are authorized to divide and distribute personal
property and real property, partly or wholly in kind, and to allocate
specific assets among beneficiaries and Trusts so long as the total
market value of each share is not affected by the division, distribution
or allocation in kind. The Executor and Trustee are each authorized to
make, join in and consummate partitions of lands, voluntarily or
involuntarily, including giving of mutual deeds, or other obligations,
with as wide powers as an individual owner in fee simple.
(d) Seli Assets. To sell either at public or private sale real
and personal property severally or in conjunction with other persons,
and to consummate sale(s) by deed(s) or other instrument(s) to the
purchaser(s), conveying a fee simple title. No purchaser shall be
obligated to see to the application of the purchase money or to make
Page 7 �
inquiry into the validity of any sale(s). The Executor and Trustee are
authorized to execute, acknowledge and deliver deeds, assignments,
options or other writings as necessary or convenient to any of the
power conferred upon the Executor and Trustee.
(e) Encumber Real Estate. To mortgage real estate, and to
make leases of real estate.
(fl Borrow Monev. To borrow money from any person,
including the Executor or Trustee, to pay indebtedness of mine or of
my estate, expenses of administration or inheritance, legacy, estate
and other taxes, and to assign and pledge assets of my estate or any
Trust established by this Will.
(g) Pav Costs. To pay all costs, taxes, expenses and charges
in connection with the administration of my estate or any Trust
established under this Will.
(h) Distributions without Court Order. To make
distributions of income and of principal to the proper beneficiaries,
during the administration of my estate, with or without court order, in
such manner and in such amounts as the Executor deems prudent and
appropriate.
(i) Vote Stock. To vote shares of stock which form a part of
my estate or any Trust established under this Will, and to exercise all
the powers incident to the ownership of stock.
(j) Reoreanize. To unite with other owners of property
similar to property in my estate to carry out plans for the
reorganization of any company whose securities form a part of my
estate.
(k) Disclaim. To disclaim any interest in property which
would devolve to me or my estate by whatever means, including but
Page 8 �'
not limited to the foliowing means: as beneficiary under a will, as an
appointee under the exercise of a power of appointment, as a person
entitled to take by intestac��, as a donee of an inter vivos transfer, and
as a donee under a third-party beneficiary contract.
(1) Tax Returns. To prepare, execute and �ile tax returns of
an�� type required by applicable law, including but not limited to �iling
a joint tax return with my surviving spouse, and to make all tax
elections authorized by law.
(m) Emnlov Advisors. To employ custodians of property,
investment or business advisors, accountants and attorneys as the
Executor or Trustee deems appropriate, and to compensate these
persons from assets of my� estate or trust, without affecting the
compensation to which the Executor and Trustee are entitled.
(n) Divide Trusts. To divide any Trust created in this Will
into two or more separate Trusts so that inclusion ratio for purposes of
the generation-skipping transfer tax shall be either zero or one, in
order that an election under Section 2652(a)(3) of the Internal Revenue
Code ma}� be made with respect to one of the separate Trusts, or for
any other reason.
(o) Allocate Expenses. To allocate administrative expenses
to income or to principal, as the Executor or Trustee deems
appropriate. However, no allocation to income shall be made if the
effect of the allocation is to cause a reduction in the amount of any
estate tax marital deduction or estate tax charitable deduction.
(p) Adiust Basis. To make any adjustme�at to basis
authorized by law, including, but not limited to increasing the basis of
any property� included in my estate, whether o2• not passing under this
\��ill, by allocating any amount by which the bases of assets may be
increased. The Executor shall be under no duty and shall not be
required to allocate basis increase exclusively, primarily, or at all to
Page 9 f�_
assets which pass as part of my probate estate as opposed to other
property for which a basis adjustment is allowable. The Executor shall
allocate basis increase equitably among those beneficiaries receiving
property as a result of my death, but shall not be liable to any person,
nor subject to removal or surcharge, for any reasonable allocation of
basis increase.
(q) Comnromise Claims. To compromise ciaims.
(r) Terminate Trust. To terminate any trust, if in the
opinion of the Trustee, the expense of administration of the trust is not
justified. Upon termination, the Trustee shall distribute the trust
property to the person(s) then entitled to receive or have the benefit of
the income therefi•om. If there is more than one current income
beneficiary, the Trustee shall distribute trust assets to the income
beneficiaries in the proportion in which they receive income, or if no
proportion is designated, in equal shares to the income beneficiaries.
This power may only be exercised by a Trustee who is an independent
Trustee, and this power shall be ineffective to the extent that the effect
of the power is to vest in any Trustee or beneficiary a general power of
appointment.
(s) Other Acts. To do all other acts in his or her judgment
necessary or desirable for the proper and advantageous management,
investment and distribution of the estate and Trusts established under
this VVill.
ITEM X: Accountine. The Trustee, on an annual
basis, shall provide each income beneficiary who has attained the age of eighteen
(18) years, and the Guardian of the person of any income beneficiary who has not
attained the age of eighteen (18) years, stateinents showing transactions of each
Trust established for the bene�t of that beneflciary. The beneficiary, or the
Guardian of the person of such beneficiary, may waive this right to receive an
annual accounting. The Trustee may, at any time, settle any account, or questions
concerning the administration of any Trust established under this Will, by
Page 10 �
agreement with the then qualified beneficiaries (as defined in the Pennsylvania
Uniform Trust Act) of the Trust, if legally competent, or if not legally competent,
with the Guardian of the person of the beneficiary, the legally competent spouse of
the beneficiary, or the oldest legally competent relative of the beneficiary who
would take a portion of the estate of the beneficiary were the beneficiary to die at
that time intestate under the laws of the Commonwealth of Pennsylvania. Any
settiement made in accordance with this Item shall bind all persons who have an
interest in the Trust, and shall constitute a release and discharge of the Trustee
with respect to transactions specified in the settlement.
ITEM XI: Distributions to ox� for Beneficiaries. The
Trustee is authorized to distribute principal and/or income in any one or more of the
following ways if the Trustee, in the discretion of the Trustee, considers the
beneficiary unable to apply distributions to the beneficiary's own best interests, or if
the beneficiary is under a legal disability:
(a) To Beneficiarv. Directly to the beneficiary;
(b) To Guardian or Conservator. To the legal guardian or
conservator of such beneficiary;
(c) To Custodian. To the Trustee, or to another person
selected by the Trustee, as custodian under the Pennsylvania Uniform
Transfers to Minors Act as to a beneficiary under the age of twenty-
five (25) years;
(d) To a Relative. To a relative of the beneficiary, to be
expended by that relative for the benefit of the beneficiary; or
(e) _D__irect Exnenditure. By directly applying distributions for
the benefit of the beneficiary.
ITEM XII: Merger of Trusts Should my wife,
SHIRLEY M. HIPPENSTEEL, by Will or Agreement of Trust, establish Trusts
similar to the Trusts I have established for the benefit of my issue, the Trustee of
Page 11 �f
each Trust created in this Will shall have the right to merge it with the similar
Trust created by my wife for the same beneficiaries. If inerged, the Trustee shall
operate the merged Trusts as a single Trust.
ITEM �III: Survival. Any person, other than my� wife,
who has died within thirty (30) days of my death, or under such circumstances that
the order of our deaths cannot be established by proof, shall be deemed to have
predeceased me. If my wife and I die simultaneously, or under such circumstances
that the order of our deaths cannot be established by proof, my wife shal] be deemed
to have survived me. Any person (other than myselfl who has died at the same time
as any then beneficiary under this 1�Ti11 or in a common disaster with that
beneficiary, or under such circumstances that the order of deaths cannot be
established by proof, shall be deemed to have predeceased that beneficiaiy.
ITEM XIV: Trust Situs. The initial situs of each Trust
created under this VVill shall be the county where I am domiciled at the time of my
death. The Trustee may determine, from time to time, to change the situs of an}�
Trust established under this Will. However, no change in situs shall be effective
until written notice is provided to the living beneficiaries of the Trust.
ITEM XV: Executors and Trustees. I make the
following provisions with respect to Executors and Trustees:
(a) Initial Executor and Trustee. I appoint my daughter,
CAROLYN L. ACKER, to serve as Executor. I appoint my daughter,
CAROLPN L. ACKER and ING NATIOI�TAL TRUST to serve as
Trustees, herein collectively referred to as "Trustee".
(b) Successor Executor. In the event that my daughter is
unable or refuses to serve as Executor, I appoint my sister-in-law,
ESTHER A�OONEI', to serve as Executor.
(c) Co-Trustees and Successor Trustees. Each person serving
as a sole Trustee shall have the power to appoint a Co-Trustee. Each
Trustee shall have the power to appoint his or her successor in office.
i//�/�
(d) Power to Remove Trustee. Any Trustee or Co-Trustee
appointed by a Trustee may be removed by that Trustee. My daughter,
CAROLI'N L. ACKER, and any other individual serving as Trustee
shall have the power to remove any institutional Trustee, provided she
first appoints another institutional Trustee which accepts the
appointment.
(e) Method of Apuointment and Removal Each appointment
or removal of a Trustee shall be in writing and shall be filed with the
court in the jurisdiction which is tl�e situs of the Trust. The written
instrument shall be signed by the person having the power to make the
appointment or removal.
(� Temporarv Trustee. Each Trustee shall have the power
to designate a temporary Trustee by an instrument in writing
delivered to such temporary Trustee. The temporary Trustee shall
serve as such only during the legal incapacity of the appointing
Trustee, or, during such period of time as the appointing Trustee in
writing designates, and upon the expiration of that time, or at such
time as the legal incapacity of the appointing Trustee ceases, the
appointing Trustee shall once again become the Trustee.
(g) Resienation. Any Trustee may resign upon ninety (90)
days written notice to tl�e then income beneficiary and each adult sui
juris remainder beneficiary of the Trust; provided, however, that the
resignation shall not become effective unti] and unless at least one
person is then serving as Trustee of the affected Trust.
(h) Deleeation. Any Trustee may delegaCe investment and
related management functions to another Trustee, provided the other
Trustee accepts the delegation in writing. To the extent accepted, the
delegating Trustee shal] be relieved of responsibility for the
investment decisions of the Trustee to whom investment and related
management functions were delegated.
Page 13 ✓��
. _ ; . i
(i) Res onsibilit . No Trustee shall be responsible for the
acts or omissions of any other Trustee.
(j) Dutv to Investigate. In the absence of actual knowledge
of a breach of trust, or information concerning a possible breach of
trust that would cause a reasonable person to inquire, a successor
Trustee is under no duty to examine the accounts and records of any
predecessor Trustee, or to inquire into the acts or omissions of such
predecessor, is not liable for any failure to seek redress for any act or
omission of such predecessor, shall have responsibility only for
property which is actually delivered to the Trustee by such predecessor
and shail have all of the powers conferred upon a Trustee hereunder.
(k) Compensation. The Executor and Trustee shall have the
right to receive reasonable compensation for services rendered and
reimbursement for reasonable expenses.
(1) Standard of Care. The Trustee shall not be liable or
accountable for any loss that may result from the good faith exercise of
the authority granted in this Will. This shall specifically inciude
decisions of the Trustee with respect to discretionary distributions of
income and/or principal to any beneficiary.
(m) Securitv. The Executor and Trustee are specificaliy
relieved from the duty of filing bond or entering security.
IN WITNESS WHEREOF, I have set my hand and seal to this, my
Last Will and Testament, consisting of this and the preceding thirteen (13) pages,
at the end of each page of which I have also set my initials for greater security and
better identification this /S day of �t,.Qx, , 2ple,
)
���� ^ (SEAL)
N H. HIP D� TEEL
VVe, the undersigned, hereby certify that the foregoing VVill was signed,
sealed, published and declared by the above-named Testator as and for his Last
VJill and Testament, in the presence of us, who, at his request and in his presence
and in the presence of each other, have hereunto set our hands and seals the day
and year first above written, and we certify that at the time of the execution
thereof, the Testator wa sound and disposing mind and memory.
(SEAL) Residing at � � %rr L/J+��
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� � � (SEAL) Residing at ��
c�9"�S a�/ J �
ACKNOVVLEDGDZENT
COMMON��EALTH OF PENNSYLVANIA )
) SS:
COUNTZ' OF CU�) �IX��-d- )
I, JOHI�T H. HIPPENSTEEL, Testator, 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 �T�ill and
Testament; that I signed it willingly; and that I signed it as my free and voluntary
act for the purposes therein expressed.
/�/� (SEAL)
J H. HIPPE� EEL
Sworn to and subscribed before
me this �S day of �U�l�
, 20/O .
.�
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My Commission Expi��es: /�t� ��i���
(SEAL) � �
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
�Uw� 1��La.-�'t�' ) ss:
COUNTY OF )
We, �r"�L F{ . �uL� and C�� �2_ �. ��-`�'��,
the Witnesses whose names are signed to the attached or foregoing instrument,
being duly qualified according to law, do depose and say that we were present and
saw Testator, JOHN H. HIPPENSTEEL, sign and execute the instrument as his
Last Will and Testament; that Testator signed willingly and that he executed said
Will as his free and voluntary act for the purposes therein expressed; that each of us
in the hearing and sight of the Testator signed the Will as Witnesses; and that to
the best of our knowledge the Testator was at that time eighteen (18) or more years
of age, of sound mind and er no constraint or undue influence.
� � � �
Witness Witness
Sworn to and subscribed before
me this /,� day of TUllJ.
, 20/D.
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