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Home My WebLink About07-31-13 Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY,PENNSYLVANIA Petitioner(s) named below, who is/are 18 yeaxs 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: Decedent's Information Name: Alexander A.Barr File No: ��' ��" �� aJk/a: (Assigned by Register) alk/a: alk/a: Social Security No: � ��- �� Date of Death: 7ulv 22,2013 Age at death: 88 Decedent was domiciled at death in Cumberland County,p�nnsylvania (srare)with his/her last principal residence at Brid�es at Bent Creek 2100 Bent Creek Blvd.Room 250 Mechanicsburg,PA 17050 Cumberland Street address,Post OfSce and Zip Code City,Township or Borongh Coanty Decedent died at Brid�es at Bent Creek 2100 Bent Creek Blvd.Room 250 Mechanicsbur�.PA 17050 Cumberland PA Street address,Post Offlce and Zip Code City,Township or Boroagh Coanty State Estimate of value of decedent's property at death: If domiciled in Pennsylvania............................ All personal property $ 11,000.00 If not done�ciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not dom�ciled in Pennsylvania. ....................... Persanal property in County $ Value of real estate in Pennsylvania......................................................... $ TOTAL ESTIMATED VALUE. ... $ 11,000.00 Real estate in Pennsylvania situated at: (Attach additional sheets,ifnecessary.) Street address,Post Office and Zip Code City,Township or Borongh County i ; � A. Petition for Probate and Grant of Letters Testamentarv Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated February 4, 1994 and Codicil(s) thereto dated State relevant circumstances(�g.renunciation,death of executor,eta) Ea�cept 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. �NO EXCEPTIONS �EXCEPTIONS 0 B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,c.t.a. or a�b.n.c.�a.,enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. �NO EXCEPTIONS �EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left na Will and was survived by thg following spe�?�e(if any)and heirs(attach additional sheets,if necessary): � ,,.,,� �� .��. - ' ^ �`f'C ; Name Relationshi �� Atldx�ss �= :,.°, � ..c, _ .._ -i �,,,. �' C,J ' _ :� : _ .. � � , ..t'` a—�: � ' ' �; � �R L�° �.. �€ _- ._1 � 'w._;� =._... ._.: .. �f . i--..: .. r ., :'1..' .,.. .-�' "'�� ^' E 9 Fo�nw o2 rev.10/11/2011 Page 1 of 2 1 Oath of Personal Representative o��use o�y COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF } Petitioner(s)Printed Name Petitioner(s)Printed Address �2�C�S ��v� b3 �n �� a��GS�� 170�0 The Petirioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of the dent,th e'tioner(s)will well and truly administer the estate according to law. Sworn to or affirmed d subscribed before Date � �� d me t ' �sf day o , oC.Cl Date $y; �vti,.^ Date For the Register Date BOND Required: � YES Q NO To the Register of Wills: FEES: Please enter my appearance by my signature below: : .. . . . . . .. . . . . . . (rJ� � • �' .�_ Letters. . . .. .. $ d Attorney Signature: � a ( �j)Short Certificate(s).. .. . . � �=° �? `�`' s--� ►� c_ ( )Renunciation(s).. . . . . . . . � _ c_. � � ( )Codicil(s). . .. .. . . . . . . . :�� . .. � -,,� �, ( )Affidavit(s)... . . .. . . .. . ._ � • �-� ;_�; Bond... . .. .. . . .. . . . . . . . . .. . . Printed Name: ._ . . � _.� Commission. . .. .. .. . . .. . . .. . . Supreme Court �'� --�-, �' �` 9t�he� . . . . . . . ID Number: m{� ��- ;r' W � . _ _ �/ . . . .. . . t� O . , �___ _ .... .. . . .. . Firm Name: �. � - ;-� ,� - /7 V� . . . . . . . �'�° Address: �_ ,�.. �� . . . .. . . Phone: Automation Fee. .. . . . . . . . . .. . . •,S Fax: JCS Fee. . . .. . .. .. . . . . . . . . . . . -o° Email: TOTAL. . .. . . . . . . . .. . . . . . . . . $ $:A6' /.��"d DECREE OF THE REGISTER Estate of A1 xander A.Barr File No: /t-��/��d � � e a/k/a: AND NOW, .3� , �D�� ,in consideration of the foregoing Petition, ? satisfactory proof h ving n presented before me,IT IS D CREED that Letters �"�/��/��G�/` � are hereby granted to • in the above esta.te and(if applicable)that the instrument(s)dated �C r described in the Petition be admitted to proba e and f ed of rec r as the last ill(and Codicil(s )of Decedent. egister of Wills Form RW-02 rev.10/11/2011 a e Of 2 ; ; H105.805 REV(9/1l) �., = LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. ��i�a:.�`s �� >'�; j",�,,:'r � 4 Fee for this certificate, $6.0�Fu ��" �,,,��N""'��---, This is to certify that the information here given is � �,�r , 4-i- , ; 3 £y ,.- � ,., ��,,��,�,SH OF pFy- correctly copied from an original Certificate of Death a {,�:..t . .r '�i : .::-:; . ,`,,,,0��_-- ��_ � �� _ - G; duly filed with me as Local Registrar. The original � �,, � � r .�: z , -� ;'� ` _ - 9; certificate will be forwarded to the State Vital ± ..�i� ��..1 l. �;�, r;;'� 1�, �;� �o - �� a� Records Office for permanent filing. + �;p�, - _ ��,,``a , .. � � 19630344 ,: :a _,�99_- _ �P�,,,,, �u Z 5 �3 � .� �,, �� : .. . ' � i '�---1!�'1ENT OF;� � ,. -- ��,,�� Certification Numbe�,,, t ` ° -��"'' ; } ; ., . Loca _e�i_ ar Date Issued � � � _ lE�i'i u� 1l S e t �1 �'','1 _ _-- - ___.__._._. Type/Print In � y � {�COMILIONWEALTH OF PENNSVLVANIA�DEPARTMENT OF HEALTH�VITAL RECORDS � (� ve�maneM CERTIFICATE OF �EATH �� Black Ink State File Number: j 1.Decedent's Lesal Neme(First,Mlddle,last,Suffix) 2.Sex 3.Sodal Security Number 4.Date of Death(Mo/Oay/Yr)(Spell Mo) � AlexanderA.Barr Male 204-�4-1907 July 22,20�3 j Sa_Age-Last Birthday(Yrs) Sb.Under 1 Year Sc.Under 1 Da 6.Date of Birth(MO/Day/Year)(Spell Month) 7a.Bir[hplace(CKy and State or Foreign Country) # �t ' Months oays Hours n��nutes CI@2ffi@Id, PA ; 88 October'I 3, 1924 7b.Birthplace(County)CI@8I'�6IfJ � Sa.ResFderrce(Stste or Foretgn Country) Sb.Residence(Street and Numb�r-include Apt No.) Sc.Did Oecedent Live in a Township7 �� .. ' PA 2'100 Bent Creek Blvd. 6lv�s,decedent Iived in Silver Spring Township �_ - Sd.Resldnnce(Gounty) . � Cumbarland s�.R�s�a��«(Lp Code) 17050 prao,decedent Iived within Iimits of city/boro. � _ 9.Ever i�US Armed Forces? SO.MaNtal Status at Time of Death �Married � Widowed 11.Surviving Spouse's Name(If w(fe,gNe name prior to flrst marrisg�) �Ves �No (]Unknown �Dlvorced 0 Nev�r Marrled Q Unknown 12.FaLher's Nsme(First,Middle,Last,Sufflx) 13.Mother's Name Priorto First Marrlage(First,Middle,Last) � Tt�omas Barr Cora M. g 14a.Informa�t's Nsme � 14b.Relatlo�shlp[o Decedent 14c.InformanYs Mafling Address(Street and Number,City,State,Zip Cod�) ; � Alaxis A.Brown �aughter 'I03 Pln Oak Court MecFianicsbur ,PA 17050 15a. �c�o� �at �c onY on� � �� e"�c I�Death Occurredln�p HospKal: r�li�patlent �If Death.Occurred Somewhere Other Then a Hospital �Hospice Fscllity [rOecedeiK's Home - � Emer en�.Raom/OuLpatlertt D�ad on Arrival � Nursin�.Home/LOng-Term Care Facility Other(SpecHy) . . 156.Facility Nsme�(If noY inatKutiort,gWe street and number) SSC.City or Town,Statc,and 2ip Cotle i5d.County of Death LL Brid es at Bent CreBk Mechanicsbu ,PA�7055 Cumberland � 16a.M�thod of Disposlilon � Burlal � Crematlon 16b.Date of Disposition 16c.Place of Disposttion(Name of cemetery,crematory,or other plece) � �Removal from Scate p�o�at►o� Rolling Gresn MemorFal Park Other�5 acwy)� Off 3ul 26��2013 � �� 16d�.LoCation.Of Olsposhfon(City or Town,State,and Zipj 17a.SignaYpYe F ral Service Licensee or Person in Chargc of Interment 17b.License N�mber Camp HiN.PA'170'1'I FD O'12 848 L ' a 17c Name�ind Complete Address of Funeral Facflity - � � � � � Parthemore Funeral Home&Crematlon Services, Inc.,P.O. Box 431, �303 Bridge Street New Cumberland, PA�7070 ik � 18.Decedent's Education-Ch�ck the box that best describes the 19.Oecedent of Hlspanic Origin-Check the 20.Decedent's Race-Check ONE OR MORE races to indicmte what r°- hlghest desree or level of school completed at the time of death. box that best describes whether the decedent the decedent considered himself or herself to be. � ? Q Sth srade or less _ Is Spanish/Hispanic/Latino. Check the"NO° �Whtte Q Korean ' Q No diploma,9th-12th grade box if decedent is not Spanish/Hispanic/Latino. �Black or African American �Vietnamese �� Q Hish school sradwte or GED completed �No,not Spanish/Hlspanic/Latino �American Indlan or Alaska NatNe Q Other Asian ' 0 Some college credit,but no degree Q Ves,Mexican,Mexica�AmeNCan,Chica�o 0 Asian Indian Q Nathre Hawsila� a �Assoclate degree(e.g.AA,AS) Q Yes,Puerto Rtcan Q Chinese � Guamanian or Chamorro � � Bachelor's degree(e.g.BA,AB,BS) � 0 Ves,Cuban 0 Ftllpino Q Samoan [� Master's d�gree(e.g.MA,M5,MEng,MEd,MSW,MBA) Q Ves,other Spanish/Hlspanic/Latino 0 Japanese []Other Paciflc Island�r � Doctorste(e.g.PhD,EdD)or Professional degree (Specify) 0 Other(Specify) e. .MD DDS DVM LLB JD � 21.Deced�nYs Sin�le Race Setf-Designation-Ch�ck ONLV ONE io Indicate what the deced�nt consid�red hims�if or herself to b�. 22a.DecedenYs Usual Ocwpatlon-Indlcate type of work � �White �Japanese 0 Samoan done during most ot working life. DO NOT USE RETIRED. �Black or Afrlcan AmeAca� �Kormn �Other Paciflc Islander �American Indian or Aleska Nathre �Vletnamese 0 Don't Know/NO2 Sure ViC@ President � � �Aslan Indisn �Other Asian �Refused 22b.Ktnd of Business/Industry � � �Chinese 0 Native Hawe7isn �Other(Spedfy) � O F��P��o Q Guama�ia�or Ghamorro - GI83S Installation � ITEM 23�- BE C PLETE� 23a.Date Pronounced Deed(Mo Day r) �3 . Ignaiure of Person Pronoundng Death(Only when app icabit 23c.UcO�se Num r BY PERSON WHO PRON�IJNCES OR � CERTIFIES DEA7H . o�o� o�O/ 23d.�DaYe Sfgnetl(MO/bay/Yr) 24.Time of Oeath � 6:l O PM 25.Was Medical Exam(ner or Coroner Con2acted7 Q ves No � CAUSE OF�EATH � qpproxtmate 26.Part 1. Enter the chsin of events-diseases,Injurles,or complicatlons-that directly caused the death_ DO NOT enter terminal events such as cardiec ar�est, � tnterval: respiratory arr�st,or ventricular flbrillation witho�t showing the etlology. DO NOT ABBREVIATE. E�iar only one cause on a Iine. Add addKional lines if necessary. � Onset to Death �� w ` ` \ )//�� ` �``�- � �rc IMMEDIATE CAUSE -> a. -��`S�Q�-T� ��U�lia.T/��1 LL\ \��T[�TllY\ / C��`l��r�llYl•Gy � V YYL.i�k �j (Flnsl diseese or CondNion Due m( r as a consequence ofl: -_ � �,/ �� • resulting in death) ./,/')r,�,.�L S�„��D�e� �j�O�l�S r�� Q r�-L�'� !/LI 7CGLSC � � 4.__V�.v a � Sequentlally Ilsi cond)tio�s, _ Due to or as a cansequenc � � •� If any,leading to the cause • Ilsted on Iin�a. Enter the c. � UNDERLYING CAUSE� Due to(or as a consequence of�: � �� . � (disesse or tnJury that� . � � � � initlated the everKS resuiting d. � 1�death).LAST. Due to(or as s cortsequence o�: � 8 � � 26.Psri 11. Enter other sianiflcartt condltions contrlbuti�Q to denth but not resulting in the underlying cause given tn Part 1. . 27.Was 4n pv�opsy Aerformed7 � thY ��Y�Gt� �,nSu-�'Gilr�c�j ,!^�!(Je �pG�cb�-1ts p�.a�,AfiC v�: �-+r �' � /1I ° �� Y ly�Xi'��]�qtM%�i �'`�6'�'r�� 28to complete th�caus�vdeath? (�.✓�ern�4 Yes No 29.If Female: 30.Did Tobacco Use Contribute to Death7 31.Ma er of Oeath � � � Not presnant wtthin past year - �Yes � Probably Naturol Q Homiclde Q Pregnsrrt at tim�of death �I�o � Unknown �Accident � Pending Imrestlaation r$� 0 Not pregnant,but pregnaM within 42 days of death 0 Suicide � Co�ld not be determi�xd � �°_ Q Not preg�ant,but pregnant 43 days to 1 year before death 32.Date of I�Jury(MO/Day/Yr)(Spell Month) � Q Unknown if pregnant within the past year 33.Time of Injury � 34.Place of I�Jury(e.g.hom�;construction site;farm;school) 35.Locatio�of Injury(Street and Number,County,City,State,Zip Code) � 36.Injury at Work 37.If Transportation In)ury,SpeNiy: 38.Describe How InJury Occurred: C p ves 0 Driver/Opera[or p Pedestrian mp No p Passenger p Other(5pedry) Q 39a.Cer[ffier-physician,certift�d nurse practitioner,medical examiner/coroner(Check only one): � L �S:eftHying physiclan-To the best of my knowledge,death occurred due to the ca�se(s)a�d manner stated. � . � O�Pro�ouncing&Certifying physician-To the best of my knowledge,death occurred at the time,date,and place,and due to the cause(s)and msnner stated. � �Medical Examiner/Coroner t e bas of amtnation, n e i ation,in my opinion,death occurred at the Nme,date,and piace,and due to the cause(s)and manner stated. .� � Si�nature of certlfler: �� ,;��.G�� Tit�e of certifler. . �•� • ucense Numbcr�.��7`-- . a 39b.Nsme,Addr�ss�ar�d�Zip Godp of Persqn CompletMg Cause of Death(1[em 26) � 39c.Dat Sigt�ed(. q/Da+yhr � • v. b P � so a a�� 40. strsr s istrict Nufnber � � 41.Registrar's Sign � � . . 4 . egt trar File .at��Mp Uay. r - � --� �� 7 �.s 3 , � 43.Amendments � � � � DlsposiUon Permii No. O91 3�14 H105-143 REV O7/2017 . � r • ..) _-. ....,, .+.� �.� --' r'Sr� �AST WILL AND TESTAIMEN�':=�j �_ +=� 2�� .- . �_ _ �--�� ,_ , - , �� - _ _� �_ � �.� - , , , �,J : : < . : . : 'e--__' , ., .:..� OF : : P, �� -i . , :✓ . �-� - _ � ,._� � :� ., . f _.� __y }>i ALEXANDER A. BARR ,.j � � :�, �,� �:, p .� �� I, ALE%ANDER A. BARR, a resident of Polk County, Florida, being of sound mind and disposing memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all other Wills and Codicils heretofore made by me. ITEM ONE I direct that my just debts and my funeral expenses be paid as soon after my death as may be reasonably convenient. ITEM TWO I give and devise such of my tangible personal property to those persons designated in a Separate Writing in existence at the time of my death which is signed by me and which describes the items and the devisees with reasonable certainty. In the event no such separate writing is attached to my Will at the time of my death, it shall be presumed that I elected not to utilize such separate writing instrument. , ITEM THREE All the rest, residue and remainder of my estate, whether the same be real, personal or mixed, of whatsoever and wheresoever situated, including without limitation all property over which I -1- �5 �� Josepb F. Pippea, Jr., ATTORNBY AND COUNSELOR AT LAW P.O.BOX 10005,L81g0,Florida 34641 � � have a power of appointment and all lapsed legacies and bequests which are not otherwise devised by this Will, I give, devise and bequeath to my wife, JO�ANNE R. BARR, if she is living, and, if not, then to my revocable living trust dated �—S�'9� , and amendments thereto and shall be distributed according to the terms and conditions therein stated. ITEM FOUR I hereby nominate, constitute and appoint my wife, JOANNI3 R. BARR, as Personal Representative of this my Last Will and Testament, and to serve without bond or security, with full power to do all acts I might do if living such as (without limiting) sell or encumber real or personal property, all without court order. I hereby nominate, constitute and appoint ALE%IS A. BROWN, as Successor Personal Representative of this my Last Will and T�s��t. I hereby nominate, constitute and appoint PAIILA J. �� 5 � , as second Successor Personal Representative of this my Last Will and Testament. The Personal Representative shall not be liable for damages or loss caused by }�onest errors of judgment made b� her or her agents or employees or by any good faith exercise of the discretions given to the Personal Representative. -2- . �� q l Joseph F. Pippea, Jt., AT'I'ORNSY AND CDUNSSLOR AT LAW P.O.BOX 10005,Largo,Florida 34641 a � �� . , . IN WITNESS WHEREOF, I, ALB%ANDER A. BARR, have hereunto et my : hand and affi d my seal at Polk County, Florida, this � day o f ��J� , 19 9 4. . (S�r.�} ALE%ANDER A. BARR Signed, sealed, published, and declared as and for his Last Will and Testament by hi.un, the above named Testator in the presence of us who have seen the Testator sign, and who have affixed our names as attesting witnesses hereto, in his presence, at his request, and in the presence of each other, this day and year last set forth above. o f �� ~ o� . G��-�-- of ' �� -3- Q � �� Jasepli F. Pippea, Jr., ATTORNEY AND COUNSELOR AT LAW P.O.BOX 70005,Largo,F/ORd8 34641 �l� STATE OF FLORIDA COUNTY OF POLR We, ALEX�ANDER A. SARR, �L/ciPE�17 ��. ��G= and T��r ��« , the Testator and the witnesses respectively, whose names are signed to the attached or foregoing instrument, having been sworn, declared to the undersigned officer duly authorized in the State and County aforesaid to take acknowledgments, pers nally appea�ed ALEXANDER A. BARR , �L/�� l/S/,�iqK'�' and �e �, P�-�� , to me known to be the persons described in or has produced a driver's license as identification and who did take an oath and that the Testator signed the instrument as his Last Will and Testament, that he signed, and that each of the witnesses, in the presence of the Testator and in the presence of each other, signed the Will as a witness. � ALF%ANDER A. BARR �v_ Witne �. <��'.�--.�.�, witn ss STATE OF FLORIDA COUNTY OF POLK SWORN TO and subscribed before me by ALE%ANDER A. BARR, the Testator, and by /�.1�/`-�� and ��'��"f �- l��/�, the witnesses, this � day of �� , 1994 NOT Y PUBLIC, T TE O ORIDA MY 0 ISSION EXPIRES JOSEPH F.PIPPEN JR Notary Public-State of Florida My Commission Expires MAR 25,1944 Comm#AA75p74q -4- � 1�;' Jaeeph F. Pi�.a, Jr., ATTORNSY AND COUNSSLOR AT LAW P.O.BOX J0005,L8fg0,Florfda 34641 �� i 1 t � 1� ' • . , � i i 1 . � ♦ .. . ... � • I TRUST AGREEMENT OF ALEXANDER A. BARR and JQANNE R. BARR THIS AGREEMENT is executed this __y�day of �� , 1994 , between AT•F�A�mBR A. BARR and JO�ANNE R. BARR, residents of Polk County, Florida, hereinafter called the "Grantors" , and the said ALEXANI3LR A. BARR and JOANNE R. BARR, hereinafter called the "Trustees" . In the event of the incapacity or upon the death of either Grantor then the surviving Grantor shall serve as sole Trustee. In the event that both Grantors shall die at the same time or the circumstances prevent determining who died first, but the deaths occurred in near proximity, or in the event that both Grantors are unable or unwilling to serve, then ALE%IS A. BROWN, shall serve as first successor, sole Trustee. In the event that both Grantors and ALE%IS A. BROWN, are unable or unwilling to serve, then PAIII�A J. T80MAS, shall serve as second successor. Any individual Successor Trustee(s) shall be entitled to a reasonable f ee. W I T N E S S E T H: THAT, the Grantors desire to create a trust into which they may transfer assets during their lifetime and/or by their Last �+ Will and Testament. �' ��...; �W� ;�; �... ,.,� ;p�� '� . c-- �� `�'� i"�p --- ' .. � �:_'+ °�w.� : . , • t__.� : ;.� ..._.. .. �_ , (,. ,.",� —1— .. .-,._. _ �. , " y•'� . `r5 , _, ' H--_ ....,.W a:.";� Joseph F. Pippea, Jr., ATTORNBY AND COUNSSLOR AT LAW P.O.BOX 10005,dL8I�Q,F/orfda�3d641 : - ��Y , : ;�,, ..:� ;�` � L� '�,� �R � �1s�y� � r � ♦ i r � �' , � , � ` . ♦ , � ' � � NOW, THEREFORE, for and in consideration of the covenants herein contained and for Ten Dollars ($10.00) , and other good and valuable considerations, the Grantors, hereby transfer, assign and deliver to the Trustees all assets shown on the Schedule "A" annexed hereto and made a part hereof, receipt of which in trust is hereby acknowledged by the said Trustees to be held and administered, together with all other property that may from time to time be added to this trust, IN TRUST, for the uses and purposes and upon the following terms and conditions: ARTICLE I GRAN'1'ORS' LIFE INTEREST: The Trustees shall pay the entire net proceeds from the income of the Trust Fund to or for the benef it of the Grantors in monthly or other convenient installments for so long as they may live. In addition thereto the Trustees shall make payments from the principal of the Trust Fund to or for the benef it of the Grantor(s) in such sums and at such times as the Grantors may request from ti.me to time. In the event that the Grantors shall be unable, in the opinion of the Trustees (which term includes any successor Trustee) , to make such request then the Trustees shall assume the duties of Trustee (as hereinafter provided) and shall expend such amounts to properly care for the Grantors, in a style of living to which they have been accustomed. . -2- Joeepb F. Pippea� Jt., ATTORNF.Y AND COUNSELOR AT LAW P.O.BOX 10005,Largo,F101IdS 34641 �' `R � a/s�y� �, � , �, � • � .� � Successor Trustee shall also pay any mortgage payments on Grantors' home. ARTICLE II DISTRIBUTION: Upon the death of the last remaining Grantor the Trustee shall distribute the property remaining in the trust estate as follows: A. One Hundred percent ( 100�) shall be divided equally among the following named beneficiaries: ALS%IS A. BROWN; and PAIILA J. THOMAS, and in the event either of them are not living, then their respective share shall be distributed to their respective issue, if any, per stirpes, and if none, then to the surviving named beneficiary. ARTICLE III RETENTI�N OF MINOR BENEFICIARY INTEREST: In the event that any of the beneficiaries under this Trust shall not yet have attained the age of twenty-one (21) years when he or she becomes entitled to distribution of his or her share, then the Trustee shall retain such share for the beneficiary until such beneficiary has attained the age of twenty-one (21} years; provided, however, that the Trustee, in his sole discretion, may make distributions from such interest so withheld for a minor beneficiary to provide such minor with proper support, maintenance, care and education, through college �f the Trustee deems such appropriate. -3- Jaseph F. P�i,ppea, Jr., ATTORNEY AND COUNSELOR AT LAW P.O.BOX 70005,LSlgO,F/Orid8 34fi41 �- r�� ./�/y� , ', , , . , , ARTICLE IV SPENDTHRIFT PROVISION: The interest of each beneficiary in the income or principal of the trust hereunder shall be free from the control or interference of any spouse of a married beneficiary and a beneficiary shall not have any right or power to anticipate, pledge, assign, sell, transfer, alienate or encumber his or her interest in the trust in any way; nor shall any such interest in any manner be liable for or subject to the debts, liabilities or obliqations of such beneficiary or claims of any sort against such beneficiary. ARTICLE V TRIISTEE(Sl POWSRS: The Trustee(s) shall have full power: A. Sell, Lease, Mortgaqe, etc. To buy and sell at public or private sale, exchange or lease or mortgage any property, real or personal, at any time constituting a portion of the Trust Fund, upon such terms and conditions as the Trustee(s) shall deem wise; B. Investments. To invest and reinvest and transfer the Trust Fund or any part thereof in any property, real or personal, including common and preferred stocks, investment trusts and mutual funds and other securities as the Trustee(s) shall deem wise; C. Prozies. In respect to any securities, to vote upon any proposition or election at any meeting and to grant proxies, discretionary or otherwise, to vote at any such meeting; D. IInproductive Assets. To retain, invest or reinvest any part of the Trust Fund in unproductive property, real or personal, without any duty to change the form of investment or apportion the proceeds of any sale between tenant and remainderman; E. Distribution in Kind. The Trustee(s) shall have full power to make distributions in kind, i.e. , either in the form of trust assets or cash, or a combination of both; -4- Joseph P. Pi�a� Jr., A1"1'ORNSY AND COUNSELOR AT LAW P.O.BOX 10005,Largo,Florida 34641 �1�?3 �.��'9�/ r ' ' , F. Dete*��nation of What is Inca�e and Principal. To determine what is "Principal" and what is "Income" hereunder, in the Trustee(s) discretion, without regard to any statute or rule of law, provided standard acceptable accounting principles are followed. The Trustee(s) shall have the power and authority according to Florida Statutes under Section 737 .401 through 737 .407, except the Trustee(s) shall have the power to waive any compliance with regards to Section 737 .402(4) and the provisions of Florida Statute 737 .402(4} shall not apply to this Trust nor any trust created hereunder. The Trustee(s) shall not be bound by the following Sections of the Florida Statutes, and shall exercise discretion in lieu thereof: (a� Section 738.07, Florida Statutes, concerning bond premium and discount; (b) Section 738. 12, Florida Statutes, concerning underproductive property; (c) Section 738. 13, Florida Statutes, concerning income and principal. ; G. Method of Holding Title. To hold bonds, shares or other securities in bearer form, or in the name of the Trustee(s) or other nominee without indication of any fiduciary capacity; to deposit cash in a checking or savings account in a bank or savings and loan association and withdraw from the same without indication of fiduciary capacity; H. withdrawal Payments. To enter into any fixed or level payment withdrawal plan with any mutual fund(s) authorizing payment to the Grantors or any other beneficiary hereunder of a specified monthly amount or amounts payable from income dividends, capital gains distributions, and to the extent necessary, from the proceeds of liquidation of shares of such mutual fund(s) with a custodian or other agent pursuant to any such authorization; I. MarQin A�ccounts, Options, etc. . To buy and sell securities in a margin account, to purchase and sell put and call options, to buy and sell commodities, future contracts of any type and to speculate in foreign currencies and precious metals; J. Litigation. Prosecute, �iefend, litigat� and settle all actions and other legal proceedings concerning my person or estate or any part of either in which I may be concerned in any way. K. Other powers. To open, write, utilize and operate checking and visa accounts, to act jointly or severally, delegate powers to any third party, trade in puts, calls, and other options of every kind, both covered and uncovered, or trade commodities and commodity futures contracts; -5- Jo�seph F. Pi�p�.�, Jr., ATTORNI3Y AND COUNSELOR AT LAW P.O.BOX 100Q5,Largo,Florida 34641 � R� a/,�'��y t • � , L. General Provision. To exercise any and all powers and discretions given to a Trustee from time to time under the Florida Uniform Trust Administration Law and the other laws of the State of Florida not inconsistent with the provisions hereof. ARTICLE VI DOTIES OF TRIISTSE(Sj�: The Trustee(s) shall have the duty to file any required income tax, intangible tax, or other tax returns for the Trust and to see that any taxes due are paid thereon. The Trustee(s) shall have the duty to maintain records of receipts and disbursements of the Trust and the Trustee(s) shall also have the duty to account for all Trust proceeds of any type. ARTICLE VII SIICCESSION OF TRIISTEB(S) : � A. Upon the death, resignation or incapacity of any active Trustee the next successor Trustee shall assume the capacity of any active Trustee without further act or order and such successor Trustee assuming an active fiduciary capacity shall be vested with all of the authority, powers and title of his predecessor Trustee. B. In establishing the inability of a Trustee to act or to continue to act hereunder, the statements of two licensed Doctors of Medicine shall be sufficient to establish such incapacity and third parties are protected in relying upon such statements without any further act or notice. No further act on -6- aoseph F. p.ippea, Jr., ATTORNEY AND COUNSBLOR AT LAW P.O.BOX 10005,Largo,Florida 34641 �'�� a/s��y�' . , • � , , the part of any party hereto or of any court shall be necessary to vest in a successor Trustee the fiduciary powers and duties in the supervision and management of this Trust Fund. ARTICLE VIII TRIISTEE�„Sl RESIGNATION: Each Trustee hereunder (whether originally designated herein or appointed as a successor) shall have the right to resign at any ti.me by giving thirty (30) day written notice to that effect to the current income beneficiary or to the beneficiary or beneficiaries then entitled to any distributions hereunder. Thereafter, such beneficiary or beneficiaries shall have the right within such thirty (30) day period to appoint a successor Trustee if no successor Trustee be designated herein and shall notify the resigning Trustee of such appointment. In the event the said beneficiary or beneficiaries . shall fail to designate a successor Trustee within the time specified, the then acting Trustee may apply to a court of competent jurisdiction, for leave to resign, for the appointment of a successor and the judicial settlement of such Trustee's accounts. -�- Joseph F. Pippp.,Q� Jr., ATTORNEY AND COUNSELOR AT LAW P.O.BOX 10005,L3190,Florida 34641 ��`� al��9Y � + • r � ARTICLE I% E%ONERATION FOR DUTY TO AUDIT: Any successor Trustee shall not be required or compelled, or be under any duty to examine, verify or audit the books, records or accounts of any preceding Trustee and shall not be responsible for any acts of or omissions of the resigning or any other Trustee hereunder. ARTICLE % RULE AGAINST PERPETiTITIES: Anything in this Trust , Agreement to the contrary notwithstanding, no Trust created hereunder shall defer the vesting of any interest beyond twenty-one (21) years after the death of the last to die of the beneficiaries herein and upon the expiration of such period all trust shall in any event vest and the assets thereof shall be distributable to those beneficiaries (and in the same proportions) as are then receiving the income therefrom. ARTICLE %I A. NON-LIABILITY OF THIRD PARTIES: Bank institutions, savings and loan institutions and stock brokerage firms and stock transfer agents, as well as all other third persons are authorized to rely on the provisions of this Trust instrument and are exonerated from any loss, claim or liability in relying on said instrument and its provisions. Parties dealing with the Trustee(s) and successor Trustee named hereunder are not required to -8- Joseph F. Pippea, Jr., ATZ�RNEY AND COUNSELOR AT LAW P.O.BOX 10005,L8fg0,F/OridB 34641 � �'� ��9f� t § } S i � � 3 � � investigate or determine their authority, or the validity, or the � � � advisability of the transactions, to see to the proper exercise of ; � powers, or to follow the disposition of monies and/or property z � 3 delivered to the Trustee(s} hereunder, including any successor � � Trustee(s) hereunder. ; � B. AUTHORIZED SIGNATORIES: The Trustee(s) shall have � � � the power and authority to designate the authorized signature or ; _ � � signatures on accounts with banks and savings and loan associations : � � and stock brokerage firms and stock transfer agents, whether such i a signatories be a Trustee or not and all institutions relying on � r � � such signatures authorized are exonerated from any loss, claim or � � liability. Accordingly, one of two or more Trustees as well as � � � non-fiduciary parties may be authorized signatories. 3 F ARTICLE %II y TERMS: Whenever convenient or desirable, the term �; "Trustee(s) , " as used in this Agreement, shall include any successor, substitute Trustee, co-Trustee or Trustees. The term "beneficiary" shall include every individual and entity, named or a unnamed, entitled to share under this Agreement as herein provided. ; The term "child, " "children, " "issue" or "descendants" shall � include the Grantors' lawful children, unless otherwise provided � herein; but any share which any such after born children shall be � entitled to shall vest not later than the time permitted by the = , ; . � ,', , . ARTICLE %III PAYI�NT OF TA%ES AND $%PENSES: The Trustee(s) , in their sole discretion, may pay estate taxes, inheritance taxes and other death taxes due because of the Grantor's death, if not otherwise paid, such to include taxes attributable to the subject Trust Assets. The Trustee(s) in their sole discretion may make certain elections pertaining to the filing of the Estate Tax Return and the Estate's Income Tax Returns. The Trustee(s) may make such elections without the necessity for making any adjustments between beneficiaries because of having made such elections and further, the Trustee(s) are exonerated from all liability for having made such elections . The Trustee(s) also are authorized to pay expenses or claims against the Grantor(s) whether occurring before or after the death(s) of the Grantor(s) . ARTICLE %IV GOvERNING LA�1: This Agreement shall be construed and regulated in all respects by the Laws of the State of Florida. -lo- Jasep6 F. Pi.�pea, Jr., ATTORNSY AND COUNSELOR AT LAW P.O.BOX 10005,L8l90,Florfda 34641 �'1�� Qy , ; . • ,' , , ARTICLE %V AMENDI�NT AND REVOCATION: This Trust is subject to revocation, change or amendment, in writing, by the Grantors or surviving Grantor from ti.me to time. ARTICLE %VI E%ECUTION HEREOF: This Trust was executed in the State of Florida by Ar.RxANDER A. SARR and JQANNE R. BARR and it will be enforced under the laws of the State of Florida. Any copy of this trust agreement that has been signed by ALE%ANDER A. BARR and JQANNE R. B�A,RR, witnessed by two witnesses, and notarized shall be treated as an original hereof. —11— Jaseph F. Pippea, Jr., ATT�ORNEY AND COUNSELOR AT LAW P.O.BOX 70005,Laf90,FlOffdB 34641 c�� 13 oZ�i��y�j` , ^ • . . IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, and the Trustees have affixed their hands and seals the day and year first aforesaid. Signed, Sealed and Delivered in the Presence of: - Gt� � - �� (SExr�) ALEXANDER A. BARR As Grantor and Trustee o�s�-% �� _ (SEAL) J R. BARR As Grantor and Trustee � • c.�-�cri -12- Joseph F. Pippea, Jr., ATTORNEY AND COUNSELOR AT LAW P.O.BOX 10005,L3f90,Florfda 3464� �R� a�s"�9y , , : , � � . , � , y . . 1 � STATE OF FLORIDA COUNTY OF P(JLK We, ALE%ANDER A. SARR and JQA]NNE R. BARR, �,L�� /1��,�'� and ,�F�,2�,J ti�.. �A K�' , the Grantors/Trustees, and the Witnesses respectively whose names are signed to the above and foregoing Trust Agreement were duly sworn and we declared to the undersigned officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared %ANDER A. BARR and JOANNE R. BARR, ��,l��e'� lN, ,��9/�.L' and �- ��K� , to me known to be the persons described in or has produced a driver's license as identification and who did take an oath and that the Grantors/Trustees signed the above and foregoing instrument in the presence of the witnesses as their living trust agreement and that the witnesses at their request in the presence of the Grantors/Trustees and in the presence of each other signed the same as witnesses thereto. ALEXANDER A. BARR As Grantor and Trustee J R. SARR As Grantor and Trustee C� . Witn s oG.J� �=� W tn ss SWORN TO� ,�nd subscribed before me this _�� day of �%�%�3 , 19 9 4. NOT UBLIC, ST TE OF FLOR A MY C SSION EXPIRES JOSEPH F.PIPPEN JR -13- Notary Public-State of Florida My Commission Expires MAR 25,1994 Comm#AA75p7qq Josep� F. Pippea, Jr., ATTORNEY AND COUNSELOR AT s� � a/,�� , , . � . , � • ` ' � ' w � . � , . . . S C H E D U L E "A" ''' T�B a�,5 py