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Home My WebLink About10-17-13 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVAN�A 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: Decedent's Information Name: Rosalvn Luckman File No: o�t r p�I 3�i��] � a/kJa: (Assigned by Register) T a/k/a: �a� Social Security No: Date of Death: September 22,2013 Age at death: 87 Decedent was domicfled at death in Cumberland County, Pennsylya�i (Srare)with his/her last principal residence at 3 Briarwood Court.Camu Hill 17011 Borough of Camv Hill �Cumberland Strcet addres�,Poat Otllce and Zip Code City,Towna6ip or Boroug6 Coasty Decedent died at lewish HQme.4000 Linglestown Road Harrisburg 17112 Lower Paxton Township Daunhin PA Street address,Post Oitice and Zip Cude City,Township or Boroag6 County Stste Estimate of value of decedent's property at death: Ijdon��c�led tn Pau�sylva��a............................ All personal proP�h' S 2,000.00 If not do�rekilad#ie Pennsylvanta. ...................... " . Personal properiy in Pennsylvania $ Ijnot doin�c�lid�x Par�nsylvania. ....................... Personal property in County $ Valueoj�eal estate ln Pennsylvania......................................................... S � TOTAL ESTIMATED VALUE. ... S 2,000.00 Real estate in Pennsylvania situated at: None (Attach additional sheets,if necessary.) Street address,Post Offtce and Zip Code City,Towns6ip or Barongh Coanty � A. Petition for Prob�te and Grant of Letters Testamentarv Petirioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated September 12, 1995 and Codicil(s) thereto dated None State relevant circnm:tancea(�g,renuwciattow,deatli ojexscutor,ata) Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and did not have a child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. �NO EXCEPTIONS �EXCEPTIONS ❑ 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 absen,�"g��,,"dur �3tvritate If Administration,c.t.a. or d.b.n.c.�a.,enter date of Will in Section A above and c � e list o`- e�rs� � Except as follows: Decedent was not a party to a endin divorce roceedin wherein the W �� '� P S P 8 grounds for di�c��i'een se�t blish�ap�s�efined in 23 Pa.C.S.§3323(g)and was tteither the victim of a killing nor ever adjudicated an incapacitated perso� �'°' �y�µ ,� ;;;;� � �.� �'.-. , �NO EXCEPTIONS �EXCEPTIONS �'" µG'� r:�s�:. C� � Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the follo�n ou�'e(if an�1j and�u�ttach additional sheets,if necessary): �� 'µ° �- R::..� c=-- � ��.,. m e.�.: � Name Relationshi AddfS�s � "n Fon►e RW-02 rev.10/11/Z011 Page 1 0� � _ �` Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: �� U�� F COUNTY OF CUMBERLAND } ��.:�3 L� 3 a+ p� 7��»3�„ I'.�I E �'► Petitioner(s)Printed Name Petitioner(s';' t' dd ; Elizabeth Hiller 3 Briarwood Court Cam Hill PA 17011 , �, .I�_ i:�\ . . � °+.Y€ a s t i �,,,;,.,� f GI�I�B��I� The Petitioner(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 Decedent,the Petitioner(s)will well and truly administer the estate according to law. Sworn to or affi�r�n�r�a�a subscribed before Date !b—/fn"/3 me t is day Qf ,�� Date By: Date or the Register C�� Date BOND Required: ('� `�� NO To the Register of Wills: FEES: , ' Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ � � Attorney Signature: (S )Short Certificate(s). . . . . . i�,S,°O ( )Renunciation(s).. . . . . . . . ----- ( )Codicil(s). . . . . . . . . . . . . — ( )Affidavit(s).. . . . . . . . . . . "'"' Bond.. . . . . . . . . . . . . . . . . . . . . . . — Printed Name: Scott Alan Mitchell Commission. . . . . . . . . . . . . . . . . . ^ Supreme Court Other�(11 � . . . . . . . (�.�'O ID Number: 76124 �1C1YP�Yr1�Y1�1 . . . . . . . � ,�n1�1.'►7�.1� Y'� . . . . . . . �`J.0O Firm Name: Rhoads&Sinon LLP . . . . . . . ^ Address: (�nP�_Market Street� 12th Floor . . . . . . . ""~ .p_(_)_R�x 114f . . . . . . . . ---- Harrisbur�,PA 17108-1146 � . . . . . . . ^ Phone: 717-231-6602 Automation Fee. . . . . . . . . . . . . . . Fax: 717-260-4402 JCS Fee. . . . . . . . . . . . . . . . . . . . . �J•`J(� Email: cmitnhPiln,rh�ac�c-cin�n_ .nm TOTAL. . . . . . . . . . . . . . . . . . . . . $ I I��J'r�DO DECREE OF THE REGISTER Estate of Rosalvn Luckman File No: �� 3^�� a/k/a: AND NOW, bel'' �7 ,��3 ,in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters T�Y�tYYI�' are hereby granted to �t�Q,1v�'1 �"t1�IE?1� in the above estate and(if applicable)that the instrument(s)dated �'emlr�M' � I� 'vr' described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s)) of Decedent. �� egister of Will n ' `C� Fo�Rw oa r�.�oilliaol� Page 2 of 2 ` � _ _ -- - - --- , aFV n�i�ni� 73954 , . � . . . _ ,,, , �. R�CO�� F ��►,,�.:'�w;� �=r '.':';' ! ' � �� ;';.�i� �;�'T 'i 7 C�'� � 3�,AST WILL AND TESTAMENT u i .s. t:r r,� _r OF ii 4._:.tt l:�- O i�r'ht d��° ;��;°;►" ROSALYN LUCKMAN �u�aER�.�� ., �a I, ROSALYN LUCKMAN, of the City of New York, State of New York, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time previously made. 1. TANGIBLE PERSONALTY. (a) I expect to leave a memorandum with my Will directing the disposition of certain of my articles of jewelry to my granddaughters, NATASHA and MIRIAM HOUDE. I ask my Executor and the beneficiaries of my estate to honor my directions as specified in such memorandum, as it may be in effect at my death. (b) I give and bequeath all of my household furniture and furnishings, automobiles, other motor vehicles, books, pictures, jewelry (not disposed of under paragraph (a) ) , china, crystal, appliances, silverware, wearing apparel, articles of household or personal use or adornment, collections and artworks, together with all policies of insurance thereon, to my husband, STANLEY LUCKMAN (��My Spouse") , if My Spouse survives me. If My Spouse does not survive me, I ive such,articles to my daughter, ELIZABETH HILLER, ifgshe survives me. � 2 . UNIFIED CREDIT TRUST. I give, devise and bequeath to my Trustee hereinafter named, IN TRUST NEVERTHELESS, to be held, administered and disposed of in accordance with this ITEM for the benefit of My Spouse and my issue (herein referred to as the "Unified Credit Trust") an amount equal to the sum of (i) the balance of the dollar amount not taxed in my estate due to the application to my estate of the unified credit against federal Page 1 of 14 pages t�i , • . . . • � .. � � • estate tax (the "Unified Credit") , after deducting therefrom the value, for federal estate tax purposes, of (a) assets included in my federal gross estate which pass or have passed other than under the terms of this Will and which will utilize a portion of the Unified Credit, (b) any bequests under the preceding ITEMS of this Will which will utilize a portion of the Unified Credit and (c) adjusted taxable gifts not included in my federal gross estate but included in the computation of the tentative federal estate tax in my estate; and (ii) the state death tax credit allowed for federal estate tax purposes (but only to the extent its use will not increase any Death Taxes owing by my estate) . My Trustee shall have, hold, manage, invest and reinvest the assets of the Unified Credit Trust, collect the income and (a) If My Spouse survives me, beginning at my death, my Trustee shall pay over the net income of the Unified Credit Trust to My Spouse during My Spouse' s lifetime, in installments not less frequently than quarterly. In addition, my Trustee shall pay to My Spouse such amounts of the principal of such trust as, in the sole discretion of my Trustee, shall be necessary for the maintenance, support and medical and nursing care of My Spouse, taking into consideration any other means readily available for such purposes. (b) During the lif� of My Spouse, My Spouse shall have the right in each calendar year to withdraw from trust principal for any purpose and from time to time (i) the aggregate sum of $5, 000 and, in addition thereto, (ii) at any time after December 1 and prior to the expiration of the calendar year, an amount equal to five percent of the value of the trust principal as of December 1, less the aggregate amount of all prior withdrawals made by My Spouse during said calendar year. Any withdrawal rights not exercised by My Spouse in any calendar year shall lapse. Page 2 of 14 pages � . , , a � • �• (c) Upon the death of the survivor of My Spouse and me, my Trustee shall divide the principal and any undistributed income of the Unified Credit Trust as follows : (i) FIFTY PERCENT (50%) of such remaining assets in the Unified Credit Trust to my daughter, ELIZABETH HILLER, if she is living at the death of the survivor of My Spouse and me; provided, however that if , Elizabeth has not then attained the age of fifty years, her share shall be retained by my Trustee, IN TRUST NEVERTHELESS, to be held, administered and disposed of as a separate trust estate in accordance with ITEM 4 for the benefit of my daughter, ELIZABETH HILLER (the "Child's Trust") . If my daughter, Elizabeth Hiller, predeceases the survivor of My Spouse and me, her share shall be distributed in accordance with ITEM 2 (c) (ii) of this Will . (ii) My Trustee shall distribute the balance of such remaining Trust assets to the then living issue of my daughter, Elizabeth Hiller, per stirpes; provided, however, if any such beneficiary shall not then have attained the age of thirty-five years, each such beneficiary' s share shall be retained by my Trustee, IN TRUST NEVERTHELESS, each to be held, administered and disposed of as a separate trust estate in accordance with ITEM 5 for the benef it of each such benef iciary (the "Grandchild' s Trust") . (d) If, upon the death of the survivor of My Spouse and me, I have no issue then living, my Trustee shall distribute the principal and any accumulated income of the Unified Credit Trust in accordance with the provisions of ITEM 6 of this Will . 3 . RESIDUE. I give, devise and bequeath all of the rest, residue and remainder of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, including all property over which I hold a power of appointment (which powers of appointment I hereby exercise in favor of my Page 3 of 14 pages , . � . , . � , estate) , to My Spouse, if My Spouse survives me. If My Spouse does not survive me, I give and bequeath said residue to my issue living at my death, per stirpes; provided, however, that (i) if my daughter, Elizabeth Hiller, survives me and has not then attained the age of fifty years, my said residuary estate shall be retained by my Trustee, IN TRUST NEVERTHELESS, to be held, administered and disposed of as a separate trust estate in accordance with ITEM 4 for the benefit of Elizabeth (the "Child' s Trust") ; or (ii) if Elizabeth Hiller does not survive me, and should any of her issue not then have attained the age of thirty-five years, each such issue' s share shall be retained by my Trustee, IN TRUST NEVERTHELESS, each to be held, administered and disposed of as a separate trust estate in accordance with ITEM 5 for the benefit of each such issue (the "Grandchild' s Trust") . If My Spouse and all of my issue predecease me, my said residuary estate shall be distributed in accordance with ITEM 6 of this Will . 4 . CHILD'S TRUST. My Trustee shall have, hold, manage, invest and reinvest the assets of each Child' s Trust, collect the income and (a) My Trustee shall pay to my daughter, ELIZABETH HILLER, the net income derived from the Child' s Trust in installments not less frequently than quarterly and such amounts of the principal as, in the sole discretion of my Trustee, shall be necessary for Elizabeth Hiller' s maintenance, support and medical and nursing care, taking into consideration any other means readily available for such purposes. (b) If at the time of the creation of the Child' s Trust, Elizabeth Hiller shall have then attained the age Page 4 of 14 pages . - • • . . . . , ° set forth below or if she shall thereafter attain that age, my Trustee shall distribute outright to Elizabeth Hiller the fractional portion of the then remaining principal of the Child' s Trust set forth below: � Fractional Share Forty-five years One-half Fifty years Balance then remaining (c) If Elizabeth Hiller shall die before final distribution of the assets of the Trust is made, the then remaining principal and any undistributed income of the Child' s Trust shall be distributed to Elizabeth Hiller' s issue then living, per stirpes; provided, however, that if any such issue shall not then have attained the age of thirty-five years, each such issue' s share shall be retained by my Trustee as a separate trust estate, IN TRUST NEVERTHELESS, each to be held, administered and disposed of in accordance with the provisions of ITEM 5 for the benefit of each such issue (the "Grandchild' s Trust") . If I have no issue living at the termination of the Child' s Trust, all such assets shall be distributed in accordance with ITEM 6 of this Will . 5 . GRANDCHILD'S TRUST. My Trustee shall have, hold, manage, invest and reinvest the assets of each Grandchild' s Trust, collect the income and (a) Until the beneficiary of the Grandchild' s Trust (the "Grandchild'�) shall have attained the age of twenty-one years, my Trustee shall from time to time pay to or for the benefit of the Grandchild such amounts of the net income and principal of the Grandchild' s Trust as, in the sole discretion of my Trustee, may be necessary for the Grandchild's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes. At the end of each year any unexpended income shall be added to the principal of the Grandchild' s trust . (b) After the Grandchild shall have attained the age of twenty-one years, my Trustee shall thereafter pay to the Grandchild the net income derived from the Page 5 of 14 pages . . • . . . Grandchild' s Trust in installments not less frequently than quarterly and such amounts of the principal, as in the sole discretion of my trustee, may be necessary for the Grandchild' s maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes. (c) I f at the t ime of the creat ion of the Grandchild's Trust, the Grandchild shall have attained the age set forth below or if the Grandchild shall thereafter attain that age, my Trustee shall distribute outright to the Grandchild the fractional portion of the then remaining principal of the Grandchild's Trust as set forth below: Age Fractional Share Twenty-five years One-third Thirty years One-half Thirty-five years Balance then remaining (d) If a Grandchild shall die before a final distribution of the assets of the Grandchild' s trust is made, the then remaining principal and any undistributed income of the Grandchild' s Trust shall be distributed to the Grandchild' s issue then living, per stirpes; or if a Grandchild shall have no issue then living, said principal and undistributed income shall be distributed to my then living issue, per stirpes; provided, however, that if any such benef iciary is then a benef iciary of a Child' s Trust or a Grandchild' s Trust hereunder, the share of such beneficiary shall be added to the principal of such Child' s Trust or Grandchild' s Trust as if an integral part thereof, to be held, administered and disposed of in accordance with the terms thereof. Should I have no issue living at the termination of the Grandchild' s Trust, said principal and undistributed income shall be distributed in accordance with the provisions of ITEM 6 of this Will . 6 . CONTINGENT DISTRIBUTION. I give, devise and bequeath any assets to be distributed in accordance with this ITEM as follows: Page 6 of 14 pages . • . . . (a) One-third thereof to BIDE-A-WEE HOME ASSOCIATION, 410 East 38th Street, New York, New York 10116 . (b) The balance thereof to JEWISH NATIONAL FUND, 42 East 69th Street, New York, New York 10021 . 7. PERPETUITIES PROVISIONS. Nothing herein is intended to, nor shall it be construed to, postpone the vesting of any part of the assets of any separate trust estate hereunder for more than twenty-one years after the death of the survivor of ine, My Spouse and my issue living at the time of my death. At the expiration of such period the assets of all the separate trust estates hereunder shall immediately vest in fee simple absolute in and be distributed outright to the person or persons then entitled to receive the income therefrom, whether in my Trustee' s discretion or otherwise. 8 . SPENDTHRIFT PROVISION. No interest in income or principal of my estate or any trust created hereunder shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate or of any trust created hereunder prior to the beneficiary' s actual receipt thereof. My Executor or Trustee shall pay over the net income and the principal to the beneficiaries herein designated, as their interests may appear, without regard to any attempted anticipation (except as may be specifically provided herein) , pledging or assignment by any beneficiary of my estate or of any trust created hereunder and Page 7 of 14 pages without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. 9 . SURVIVAL PRESUMPTIONS. Any person who shall have died at the same time as I or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased me. Any person other than me who shall have died at the same time as any then beneficiary of income of my estate or a trust created hereunder or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased such beneficiary. 10 . FIDUCIARY POWERS. In the settlement of my estate and during the continuance of any trust created hereunder, my Executor and my Trustee shall possess, among others, the following powers, exercisable without prior court approval, but in all cases to be exercised for the best interests of the beneficiaries: (a) To retain any investments I may have at my death so long as my Executor or Trustee may deem it advisable to my estate or trust so to do. (b) To vary investments, when deemed desirable by my Executor or Trustee, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other real or personal property, as my Executor or Trustee shall deem wise, without being restricted to so called "legal investments" . (c) In order to effect a division of the principal of my estate or trust or for any other purpose, including any final distribution of my estate or trust, my Executor or Trustee is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or Page 8 of 14 pages distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Executor or Trustee shall divide or distribute said assets in a manner which will fairly allocate any unrealized appreciation among the beneficiaries. (d) To sell either at public or private sale and upon such terms and conditions as my Executor or Trustee may deem advantageous to my estate or trust, any or all real or personal estate or interest therein owned by my estate or trust severally or in conjunction with other persons or acquired after my death by my Executor or � Trustee, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor or Trustee in this paragraph or elsewhere in this Will . (e) To mortgage real estate and to make leases of real estate for any term. (f) To borrow money from any party, including my Executor or Trustee, to pay indebtedness of mine or of my estate or trust, expenses of administration, Death Taxes or other taxes. (g) To pay all costs, expenses, legally enforceable debts, funeral expenses and charges in connection with the administration of my estate or trust. (h) To vote any shares of stock which form a part of my estate or trust and to otherwise exercise all the powers incident to the ownership of such stock and to actively manage and operate any incorporated or unincorporated business, including any joint ventures and partnerships, and to incorporate any such unincorporated business, with all the rights and powers of any owner thereof. Page 9 of 14 pages t � � + (i) In the discretion of my Executor or Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate or trust. (j) To assign to and hold in my estate or trust an undivided portion of any asset . (k) To hold investments in the name of a nominee. (1) To compromise controversies. (m) To disclaim, in whole or in part, any and all interests in property owned by me at the time of my death, including those passing to me by Will, intestacy, contract, joint ownership, operation of law or otherwise. (n) To employ and compensate from income or principal, in the discretion of my Executor or Trustee, investment and legal counsel, accountants, brokers and other specialists, and, whenever there shall be no corporate Executor or Trustee in office, a corporate custodian, and to delegate to investment counsel discretion with respect to the investment and reinvestment of any or all of the assets held hereunder. 11. EXCULPATORY CLAUSES. In the settlement of my estate: (a) My Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from an election made in good faith to claim a deduction as an income tax deduction or as an estate tax deduction. (b) In valuing property in my gross estate for the purposes of any Death Tax, my Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from my Executor' s decision made in good faith to use a particular valua- tion date. 12 . TAX CLAUSE. All inheritance, estate and similar taxes becoming due by reason of my death, except any taxes relating to generation skipping transfers imposed under Chapter 13 Page 10 of 14 pages . . ' . � ' of Subtitle B of the Internal Revenue Code, as amended ("Death Taxes") , whether such Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my Executor out of the property passing under ITEM 2 of this Will as an expense and cost of administration of my estate; provided, however, that if any property held in any testamentary or inter vivos trust created by My Spouse is includable in my estate for purposes of any Death Tax, then any Death Tax attributable to the inclusion of any such property in my estate for the purposes of that Death Tax shall be paid out of such property or by the recipients of such property; and, if such Death Taxes are nevertheless paid by my Executor, I direct my Executor to obtain reimbursement or contribution for any such taxes paid by my Executor. Except to the extent above provided, my Executor shall have no duty or obligation to obtain reimbursement for any Death Taxes paid by my Executor, even though paid with respect to proceeds of insurance or other property not passing under this Will . 13 . CUSTODIAN OF ESTATES. If at any time any individual under the age of twenty-one shall be entitled to receive any assets free of trust by reason of my death, whether payable hereunder, by operation of law, contract or otherwise, I appoint my Executor as Custodian for such individual under the Pennsylvania Uniform Transfers to Minors Act . Page 11 of 14 pages ' . . 14 . TRUST MERGERS AND TERMINATIONS. (a) If there should be established by My Spouse, either by Last Will and Testament or by inter vivos Deed or Agreement, trusts similar to the trusts herein established for the benefit of my issue, my Trustee herein shall have the right and power to merge trusts herein established with similar trusts for the same beneficiaries established by My Spouse and to operate each of the merged trusts as a single trust . (b) If, in the opinion of my Trustee, at any time any trust hereunder is or becomes too small to justify its maintenance as a separate trust, my Trustee, in my Trustee's sole discretion and without the necessity of court approval, shall terminate such trust by distributing all the income and principal of the trust to the then income beneficiary of said trust . If any additions to any such trust are received after its termination under this ITEM, such trust shall be revived and this provision shall continue to apply to it. 15 . EXECUTOR APPOINTMENT. I hereby appoint My Spouse, STANLEY LUCKMAN, as Executor of this Will . If for any reason My Spouse should fail or cease to act, I appoint my daughter, ELIZABETH HILLER, as Executrix. If for any reason My Spouse and my daughter should fail or cease to act, I appoint my sister-in- law, LOUISE LEVINE, now of Merrick, New York and my granddaughter, NATASHA L. HOUDE, as Co-Executors. All references in this Will to my "Executor" shall refer to my originally named Executor or to my successor Executor or Co-Executors, as the case may be. 16 . TRUSTEE APPOINTMENT. I hereby appoint My Spouse, STANLEY LUCKMAN, and my daughter, ELIZABETH HILLER, as Co-Trustees of any trust created hereunder. If My Spouse or daughter shall for any reason fail or cease to act, My Spouse shall have the right to designate in writing the successor Trustee to act in his Page 12 of 14 pages � . � , . ' . . . , or my daughter' s stead. If My Spouse should for any reason fail or cease to act and My Spouse does not designate a successor, I appoint my granddaughter, NATASHA L. HOUDE, as Co-Trustee with my daughter. If Natasha Houde should ever become sole Trustee, I appoint my granddaughter, MIRIAM HOUDE, as Co-Trustee with Natasha. My Spouse shall not participate in any discretionary determination of the Trustee to distribute principal or income of the Unified Credit Trust . All references in this Will to my "Trustee" shall refer to my Trustees or my successor Trustees or Trustee, as the case may be. So long as a Trustee or the issue of such Trustee is a beneficiary of any trust hereunder, such Trustee shall not (i) participate in any discretionary determination of the Trustee to distribute principal or income of such trust to or for the benefit of such beneficiary or to his or her issue; or (ii) participate in any discretionary determination of the Trustee to terminate said trust under the ITEM hereof entitled "TRUST MERGERS AND TERMINATIONS" . Any Trustee serving hereunder shall have the right to resign from such office at any time, with or without cause and without court approval . No successor Trustee shall be liable for the actions of the resigning Trustee occurring prior to the successor Trustee taking office. Al1 references in this Will to my "Trustee" shall refer to my originally named Co- Trustees or to my sole successor Trustee, as the case may be. 17. WAIVER OF BOND. My Custodian, Executor and Trustee shall qualify and serve without the duty or obligation of filing Page 13 of 14 pages . � � � � . . � - any bond or other security. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding .M..r_-------r. thirteen (13) pages, this /� �day of �. , 1995 . ( � (SEAL) � Rosaly Luckman Signed, sealed, published and declared by the above- . named Testatrix, as and for her Last Will and Testament, this ��' day of �6�� , 1995, in the presence of us, the undersigned, who were 11 together with her at such time and thereupon, we, at her request and in her presence and in the presence of each other, did sign our names as attesting witnesses thereto, and we do severally hereby certify that, at the time of the occurrences aforesaid we, and each of us, were acquainted with the said Testatrix, and knew of our own knowledge that she was of sound and disposing mind, memory, and understanding, that she was under no coercion or r straint, and that she was in all respects fully com etent t a a Will . _ Residing at�/ � � y�-f� Residing at ��t 1.,��rr�C��. G��%� .,� � Residing at ' �.�e ��ue ��i s�a�lc��a ra P1a l� t t ? Page 14 of 14 pages . . � . • , . �� . COMMONWEALTH OF PENNSYLVANIA : . SS: COUNTY OF DAUPHIN . In the Coun of Dauphin, Commonwealth of Pennsylvania, on the f� day of , 1995, then and ther p rsonall a peared wi h the w' thin named , , and - , who being � severa y duly sworn depose and s that t 'tnessed the new execution of the within Last Will and Test ent of the within named Testatrix, Rosalyn Luckman; that said Testatrix subscribed said Last Will and Testament and declared the same to be her Last Will and Testament in their presence; that they thereafter subscribed the same as witnesses in the presence of said Testatrix and in the presence of each other and at the request of said Testatrix; that the said Testatrix at the time of the execution of said Last Will and Testament appeared to them of full age and of sound mind, memory and understanding, not under any restraint or in any respect incompetent to make a will, could read, write and converse in the English language and was suffering from no defect of sight, hearing or speech, or from any other physical or mental impairment which would affect her capacity to make a valid will; that said Last Will and Testament was executed as a single, original instrument and was not executed in counterparts; that they make this affidavit at the request of said Testatrix; and that Stanley A. Smith, an attorney-at-law admitted to practice in the Commonwealth of Pennsylvania, supervised the execution of said instrument in accordance with the statutory requirements of the Estates, Powers and Trusts Law. Wi tne ---._.. . ' n o� e��,t,-. Witness �G?�-� � ` �� a �' ;�,(�, i�� / Q��• _ � � N T O ARiAL SEAL YVONN�R:DURHAivt,Notary Public Harrisbucg,Daup�;in County M Gommiss�on Ex�ires Jul 7, 1997