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Home My WebLink About01-18-05 l?EUTlION JFOR iPROElA'IE illlrllO GP.1ANT OF lLE'ITlERS Estate of LD'- D Jt: iYl As If No. 1.1- 0 S ' () iY/ '7 also known as ~o: Register of V<blls for the __ , Deceased. County of ('i.(rl'1i!l.ed{'A'J..J) in the Social Security No. ,;2 (J 'i( .:z 'I t!)~;;)( Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Y01Jf petitior.er(s), who is/are 18 years of2.ge or older an the execut naIned m the last win of the above decedent, dated ...5 €jO 7' I JJ :2 t!)(!)".l.. , 19__ (i;}d codici~(s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendcnt was domiciled at death in ;:Li.rn.Lf'~,l('L."f"" j) County, Pennsylvania, with h last family or prin~al residenceEt h C'jf.:f-'S ,l!.;'( I?c,Lil ,L:' j>lt i. (+ . .4- J 70 ",.:) (list street, number and muncipality) Decendej1t, then. l' r years of agel died /).E L I ~ . l?J:.2 Ot.? Y, at /'tP/1'j e. Except as follow" decedent did not marry, was not divorced and did not have a child horn or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decendent at death owned property with estimated values as follows: <If domiciled in Pa.) All personal property $ /tJ 0, co l) (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: b /,/leS1/(1{, !?eriP ENCl."" /1.4 /7oJl.,- f WHEREFORE, petitioner(s) respectfully request(s) the prohate of the last will and codicil(s) presented herewith and the grant of letters t~eron. Jj~ iJd (teSiament"'hY; ~dministcatio;~;nis!ration d.b.n.c.!.a.) - , ~ "-I '- (/ L -J.:>Av I u /1,s II J;;'<!~ V ,[ Ask E:f? IJ/O ;..j~/,4,vA{,4 /!~',.{i::> ..:!i /V'H/f" 7.'r ~:I~~' itJ1.DDLlirtJU/iV .../'-1 17/),~/ v'tJt...A I' ~.2" Ilr-. -;;'a.._ 'tl,.:.-"; ';0-. " ~Cj ;;;--- '~-' "- U OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANAA 1__ iCOUN1T m: C0.\"Y\I3~LlVN\,) J "''' The petitioner(s) ab0ve-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the hest of the knowledge and belief of petitioner(s) and. that as personal represen- tative(s) of tbe abu'Iie decedent petition.er(s) v,rill 'Aiel! 2.I1d ._ uiy admin.ister the estM.e according to 16.w. . .. J . Sworn to or 2.fTirAea and subscribed (-' ~ ""r"or'" ""'" t).,;s / P. d.,./ Of , '" '-''- ,'-' ..'-.... ..Ii.~ ..... ""~) i ( _. ~ 'J~/ 'f*\.! -< '" \fj i i ('llc'Ci~ll ! ~ ! pA i'J1/1Wli'-j~p5; l ~ NiCD, 7-1 - U 5 - C 0 4/7 mAs It- ~f,' l10U2J t: AS..H ftkJ+- (11H-1Y1 f lk"'dr<'ll . ~ IDe'!2e8s.sfr ".'..-j";"'-,,",' ""''' DECREE OF JP1RJ)l8AT1E~ :GB2}~0JT LET'JrER.S ." ~. ~,.. SKN . IYK"j It) OS--- hi'!U d0VV Vl ~ ,_ _.__" ",,__ _c,c. .,','.___ \ '1' 1..'''.I'''Ciel~'''V'' Vi ...t; I)--'Vl.l'lJ" V" ~_, .. ~. u. _~. _~ ~_. ". _" __ t.he ,f;-~-ef3c sid,; ~~f.!:"e:Gf, 59_tisf;;;_c'~C'TY ~,;;-::),;;f 'hZ.'i~;:-\S b;:;efi. ;:.;:,;;:;s.;;;;::~e::: lefv-;e ;::e, .7 7;::: Dii=:r"p..,E-;:[;,. rh,:;r Tn", iTlsrrL!M'"l",.,-,d<:\ ri~r_"'....i q ,I r;. ~ 'L . _ ~'-' .....'-'~ -~. ~~~,~" H....., ~. HL'w'''-",''"j' _....~~... described ~heieiI1 be admitted to PTOQate and. filed of record 25 the last will of C1Dli)IE 110H kKll- (li)~lYIl (Ii Asrl- and Letters Tto~ fll1 \ ][~ rrrR'I are hereby grarrted to DAv'ID 1\5 H AND J1::1Zi2'i [. Its. it- -- )Uvf1C1 (i Fl\!Uu 'ytb [J~f tw [t~ ' Register of Wills ~ V n1l~ LL: """5 _ 0-phr JL.......L " " Probate, Letters, Etc. ......... s 21 L' ,0 U Shan Cenificates(C1) .. .. .. . ... s ILP. Q L ATTORNEY (Sup. c~. LD. No.) \ ' ' i1 . '. \J i l-L s I J 0 {) ~jBl1.flUfl.don .. ...,..... 'P' . ~'. AF'hH s I!lOD ADDRESS TOTAL _ s;;(5Io.nn Filed..............."......,.......... . PHONE ~ "'. .,~-, ".1-';(",' _ / (' /a/"",:l..V7~ I:::> "'1 >'" . ) UEe 2 2 2004 .":"'-J .~ -~. "- '- ) -- c) ',1) H~', 2/67 COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS -- -. CERTIFICATE OF DEATH '...' j SlATe I-lltNUMbiJl NAME OF DECEDEIH {',rs!. MI<lJlc, Ldst) SEX SOCiAL SECURITY ~lUMBf:R OATl:: Of' DEATH (Montt'., Da" Y~drl 1. Go 1 die ;1. Ash 2.femaie , 2. 08 - 24 - 062B 4December 18.20G!1 AGE lld~t BortlLuclY) DATE OF BIRIH HIRTIII'LAC~ (City d"U 1'1 AU": Of- IlfcA TH r;h~c' oFlI' one (Mnnlh, Day. Year) Sl"lco, Furcl\iflCOlmlry) HOSP,;,,! B9 Yr~ ~aum. Ark.:.JllSaS ,0".'"',,0 ck""'H~""",.,D 1)"_'AD "''''do,..c.0 ~~:::~r,) 0 , , .. U1UNTYOFDEATII CITY, [jORn, TWPOF [)EATII 'I<'I",lrcei dn(j "<,,,\u"'i RACE - Anle,,~~~ I"d."o, lll"c", Wh,le ul . (:;p"~lrYI Cumberland East l'ennsboru Twp 6 Chester Kd. Wbile '" " '" DECEDENTS USUAL OCCUPATION KINO OF BUSINESS i I~JOUSTRY ASDf:CI::DI::NTI::VI::R,N MARITALSTATUS-MafTIod SLJRVtVINGSPOUSE (~r':,;,'~,~S~,~~~,,",~,~,o,,~~":~7,,~,~,'t u.s. AI,MI::G FORe!::S7 Neve' M~ni~u, Wiu"w~u lIl",,'" <;"."',,,.""n,,,,meJ y~,D ,,0] D"or~e(l iSp~citfl ;; 11a Licensed Practical N.jrse 11b Private NJrsing " 14, \.JiduWl:'d " DfCEDENl'S MAILING ADORI::;;S (S:r~~I, C",.rr""" Sl~I~. ?i~ Co~e) DI::CI::LJU.T';; 11aS'dte I'A U,d 11c C!3 Y~", ,I~ce<le,-,I li,~~ in East PennsborLl - AcrUAI ;"i-' 6 Chester Rd. f{ES,DENCE d~co~Lr',1 16. Eno 1 a, PA IIU21 (Se~ ;"~lruUion~ Cumberland Ilve,na 17d. 0 ~;;i)~,e~~I~~rilli:i~X~ 01 on ulher side) 11b L:UL,r',lv ;u"(ls/li~'! cHyib"," FA I HI::R'S r.AME (F""I, MI(]~I~, Id,l) MU1HEf,'S NAME {first. M'J~I~, Maiden Sumanwi " Daniel C. Fraz ic t- 19 Tempe Armentruut INfORMANT;; rJAME (Type/Prir,l) INFOWAMH'S MAILlrlG ADDRESS ISlr~et, Clly..'Towr' S;a;o, Zip CCld~1 lOa. DaVld P. Ash ,Ob 11lU FuciannCi Rd, Hiddlelown PA 171157 ~.IUIlOD OF DISPOSIT:ON PLACE OF DISPOSiTION- rla"lCI of C"mmc,y', CrClmdlu"Y LOCArtON.. C,t,';Tuwn SI~le Zi~ C0Je . Burial GJ CrerT\~I;,,[\ ~ernOv~lll<J'Tl SI"W 0 [)r 0\1",,. I-'Idc~ Ch)1\3h01lO .21a OU,er(Sl'cuf,J LOU!I 2kRolling (;r('("n Cemetery '" l.ower Allen Twp. PA 170 II SIG~jArURE ur fu~.Er,AL S RVICE LICENSEE OR PERSON ACTING AS SIKII NA~I~ AND AIJUki=SS Of- f-ACll.IIY ~ 22a / /r---~ ncRichdrdson FH [Ill' 29S.EnoldUr. PA 17Ulj Complele ;\~OH~ 23" L "OIi' wh~" ""rht-ylng plly,ician;, nul availd~le "I lime "t dualh to ce"it-ycauseotdealh I Items24-26m~slt>ewH'pleledby P'''>lH\whClprOnoencesJealtl (', " ~. '. 'o..f(l " ", " 27. PART Ie En'.' .10. J;......, "'I"';.' "rNmpl;,,'i~n. ",hio" o.o..d It'" d..,h Oa na'~n'" ,ho mod. a' "1"'~ ."ch.. c.,d"o 0' '..pi,.,o,.." .t .hock 0' h.. I."ut. : Ap~roxirnale PART II Olher ,iYllir<cilnlCGnJ;lionscClnlnLulmgt"Je"lh. bul lioronlyonoc."..on..,hl,no ,intervalbel.....eon not re,ulling in the LJnuerly,ny Cau~~ ~iv~1l ill PART I fMMEOfATE CAUSE (Flr~1 \/ J1 ~ ~i j:~1 C{, \ i . : on,el and ~~all\ d;,easeor wOlJ,I;0(\ . . JtI~ rcstlll"'~;n(l~all1\_ [>'JETOIORASACONSEOIJENCEUfIC It ~ S~quellhallylislw,.Gilion' " ,I dny, l~dJ,"~ 10 u,,,ro~J,ale L DlIE f()i0~ A$AcnNSoQ"HlrE Of'1 ~dU'" Enl~r UNDERLYfNG L CAUSE(Di,ea,eClr",jury PUE 7()iGRASA(m'S,ouE'NC, 01-" Ihati,,,toaledevenls re~ullo!lg Cln dealh) lAST 'oNAS AN AUTOPSY If/ERE AUTOPSY FINDINGS MANNER OF DEATH DATI::Of-lrUURi IIMIoClf-II<.JUkY INJUkY AI ',,'OR,,'! Di=~\:kll;t: HO'1i ir.JLJkY OCCURRED Pl':kf-ORM"IJ' AVAlLA8LEPRJORTO M"'"LlJd',.'c"'i COMPl.ETION OF CAIJSf; Nalurdl g HJI1liciJtI 0 Of- DIoAIIP 0 Ye,D N~D ALud~rH P~ndi"g t"v~'''ydl'ur' ',,0 "'1lIJ 0 o ~~:Ci= '00 M Ye,D ",0 St.1( d~ Cwuld r,Qt t)~ J~i~"'''rkLi ".II,'~",,,, tall", ,I'e"l 0",,,,,,,.; 28a '" " 30. -_.~" CERTIFIER ICheL~ ""I\' "n~1 .l~~;r~fJJ~?oF,~,~S~r~~~~a~~::."d~:~h~g~~~i:;!j,d~J::.;' t'~ ;i~';'~~~~'~~I~)'~~'d',,I{~'X~i~;"~'SI':I~j~d' ~L,,,(;.,,I "Cd'.I, dlld ,u; ,pld~lJ i e,', ;,:,', ~ .PRONOUNCING AND CERTIFYING PHYSICIAN (H,ysoc.an tdh p"on,ll,r"''',g d"alh and C{l(tiliLn'J ILl (;3."e "I dn,dn 0 T<> tha oa,t ot my ~nowlodlla, daalh <>ccurrad al tha ljm~, dala, <<"d pl<<~e, ~nd du~ 10 U,e c<<usosl'l <<od "'~''''er ~~ ,t~l"d 'MED1CAL EXAMINtRlCORQNER ~r~~~:(L::jS Clf ex~mjnalion andlor Inv".ligaHCln, in my opini",", dVdllo Clccu"ed allhe lime, u~le, and pl~~e, ~nJ due to Ihe cau,v,(sl Mod 0 " '" ~.__._------"._----_._-~._..- _.__.~_.~_...- -------_.__._~--~.- _REGf TRAR'S SIGNATURE AND NUMBER ~I/vj 1):M.1<Jn'I1.I'i~.,.y,,",.1 'J;-r) (.j'" .,,- " /./ "'-'..A"'~'" {"L;":',' .~~____ " . ~~ol-rP!--.t2C2_':!___ , -- -- -_._----~-- ---~-------- ---~.. LAST WILL AND TESTAMENT OF GOLDIE ASH I, GOLDIE ASH, nowof6 Chester Road, Enola, Cumberland County, Pennsylvania 17025, do publish and declare this to be my Last Will and Testament, hereby revoking all other prior wills and codicils made by me. FIRST: Familv Backeround and ADpointment of Executor. (A) Familv and Backeround Information. I am not currently married. My children are CLYDE L. ASH, DAVID P. ASH and JERRY E. ASH. My son, CLYDE L. ASH, predeceased me on November 9,1997. Throughout this Will, DAVID P. ASH and JERRY E. ASH, will be referred to as "my children". The word "issue" will include my children as well as my other descendants. (B) ADD ointment of Executor. I appoint as my Executors and successor Executors (all hereinafter referred to as Executor throughout this Will), the following named persons without being required to account to any Court: Executors: My children, DAVID P. ASH and JERRY E. ASH, or the survivor of them, to act jointly or individually. (C) Inter Vivos Trust. The inter vivos trust agreement referred to in this Will is entitled "THE ASH F AMIL Y IRREVOCABLE TRUST", by and between myself as Settlor and myself, JERRY E. ASH and DAVID P. ASH as Trustees, as now in effect or as may hereafter be amended. SECOND: Funeral and Last Illness EXDenses: Taxes. (A) EXDenses of Funeral and Last Illness. I direct my Executor to pay my funeral expenses and the expenses of my last illness from my estate. (B) Taxes. I direct my Executor to pay any and all estate, inheritance, succession, legacy, transfer and other death taxes or duties, by whatever name called, including any and all interest and I ~/1 I' /)~ L, I ~#? ?6 .. LAST WILL AND TEST AMENT OF GOLDIE ASH PAGE 2 penalties thereon, imposed under the laws of any jurisdiction by reason of my death upon or with respect to any and all property included in my gross estate for the purpose of such taxes, whether such property passes under or outside of this Will. Without any apportionment otherwise required by law and without being prorated or apportioned among or charged against the respective devises, legatees, beneficiaries, transferees, or other recipients of any such property or charged against any property passing or which may have passed to any of them, I direct that any taxes so paid shall be charged against my residuary estate. My Executor shall not be entitled to reimbursement for any portion of any such taxes from any such person. The foregoing provisions ofthis Article SECOND shall not apply to such portion or portions of said taxes, interest and penalties which may be required to be paid, or are actually paid or reimbursed, by the Trustee of the Trust described in Paragraph FIRST (C), above. THIRD: Tane:ible Personal ProDertv. Except for those items excluded below and those items enumerated in the Letter ofInstruction, I bequeath all my tangible personal property, including but not limited to clothing, jewelry, heirlooms, furniture, household furnishings, personal effects, motor vehicles, and all other similar articles, which I own, and the insurance thereon, to my children, DAVID P. ASH and JERRY E. ASH, if they are living at the time of my death. Notwithstanding any other provisions in this Article THIRD, I may leave a separate, dated and unsigned Letter ofInstruction, which I shall place with my Will, containing directions as to the ultimate disposition of certain of the property bequeathed under this Article THIRD, and such Letter of Instruction shall determine the distribution of such items. FOURTH: Residuarv Estate. I give, devise and bequeath the sum of ONE THOUSAND DOLLARS ($1,000.00) to each of my grandchildren who are children of my children, DAVID P. ASH and JERRY E. ASH, provided that each such grandchild survive me. I devise and bequeath all of the rest, residue and remainder of my estate, real, personal and mixed, of whatever nature and wherever situated to which I am legally or equitably entitled, to the then-acting Trustee of the Trust described in Paragraph FIRST (C) of this Will, to be held, administered and distributed pursuant to the terms thereof, as the same may be amended from time to time. By this devise and bequest of my residuary estate I hereby exercise all Powers of Appointment I possess at the time of my death except any power of appointment which I possess under the Trust described in Paragraph FIRST (C) of this Will. / U 74Z '7/1 t:U#-- LAST WILL AND TEST AMENT OF GOLDIE ASH PAGE 3 FIFTH: Powers of Executor. In addition to the powers and duties as may have been granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the Executor shall have and exercise exclusive management and control of the Estate and shall be vested with the following specific powers and discretion, in addition to the powers as may be generally conferred from time to time upon the Executor by law: (A) In the management, care and disposition of the Estate, the Executor shall have the power to do all things and to execute such instruments, deeds, or other documents as may be deemed necessary or proper, including the following powers, all of which may be exercised without order of or report to any Court: (1) To sell, exchange or otherwise dispose of any property at any time held or acquired hereunder, at public or private sale, for cash or on terms, without advertisement, including the right to lease for any term notwithstanding the period ofthe Estate, and to grant options, including any option for a period beyond the duration of the Estate. (2) To invest all monies in such stocks, bonds, securities, mortgages, notes, choses in action, real estate or improvements thereon, and any other property as the Executor may deem best, without regard to any law now or hereafter enforced limiting investments of fiduciaries. (3) To retain for investment any property deposited with the Executor hereunder. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization, merger, consolidation, liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note or other security. (5) To use attorneys, real estate brokers, accountants and other agents, if such employment is deemed necessary or desirable, and to pay reasonable compensation for their servIces. (6) To compromise, settle or adjust any claim or demand by or against the Estate and to agree to any rescission or modification of any contract or agreement affecting the Estate. .'-1 C! 7~ ./ /i;:~ LAST WILL AND TEST AMENT OF GOLDIE ASH PAGE 4 (7) To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any property of the Estate. (8) To retain and carry on any business in which the Estate may acquire an interest, to acquire additional interest in any such business, to agree to the liquidation in kind of any corporation in which the Estate may have an interest and to carry on the business thereof, to join with other owners in adopting any form of management for any business or property in which the Estate may have an interest, to become or remain a partner, general or limited, in regard to any such business or property and to hold the stock or other securities as an investment, and to employ agents and confer on them authority to manage and operate the business, property or corporation, without liability for the acts of such agent or for any loss, liability or indebtedness of such business if the management is selected or retained with reasonable care. (9) To register any stock, bond or other security in the name of a nominee, without the addition of words indicating that such security is held in a fiduciary capacity, but accurate records shall be maintained showing that such security is a Estate asset and the Executor shall be responsible for the acts of such nominee. (B) Whenever the Executor is directed to distribute any Estate assets in fee simple to a person who is then under twenty-one (21) years of age, the Executor shall be authorized to hold such property in Trust for such person until he/she becomes twenty-one (21) years of age, and in the meantime shall use such part of the income and the principal of the Estate as the Executor may deem necessary to provide for the proper support and education of such person. If such person should die before becoming twenty-one (21) years of age, the property then remaining in trust shall be distributed to the personal representative of such person's estate. (C) In making distributions from the Estate to or for the benefit of any minor or other person under a legal disability, the Executor need not require the appointment of a guardian, but shall be authorized to payor del iver the same to the custodian of such person, to payor deliver the same to such person without the intervention of a guardian, to payor deliver the same to a legal guardian of such person if one has already been appointed, or to use the same for the benefit of such person. (D) In the disbursement of the Estate and any division into separate trusts or shares, the Executor shall be authorized to make the distribution and division in money or in kind, or both, '1 /' ~~ .LL t.f;'>F LAST WILL AND TEST AMENT OF GOLDIE ASH PAGE 5 regardless of the basis for income tax purposes of any property distributed or divided in kind, and the distribution and division made and the values established by the Executor shall be binding and conclusive on all persons taking hereunder. The Executor may in making such distribution or division allot undivided interests in the same property to several trusts or shares. (E) The Executor shall be authorized to lend or borrow, including the right to lend to or borrow from any trusts which I may have established during life or by will at an adequate rate of interest and with adequate security, and upon such terms and conditions as the Executor shall deem fair and equitable. (F) The Executor shall be authorized to sell or purchase at the fair market value as determined by the Executor, any property to or from any trust created by me during life or by Will, even though the same person or corporation may be acting as Executor of my estate or as Trustee of any of my other trusts. (G) The Executor shall have discretion to determine whether items should be charged or credited to income or principal or allocated between income and principal as the Executor may deem equitable and fair under all the circumstances, including the power to amortize or fail to amortize any part or all of any premium or discount, to treat any part or all of the profit resulting from the maturity or sale of any asset, whether purchased at a premium or at a discount, as income or principal or apportion the same between income and principal, to apportion the sales price of any asset between income and principal, to treat any dividend or other distribution of any investment as income or principal, or apportion the same between income and principal, to charge any expense against income or principal or apportion the same, and to provide or fail to provide a reasonable reserve against depreciation or obsolescence on any assets subject to depreciation or obsolescence, all as the Executor may reasonably deem equitable and just under all the circumstances. If the Executor does not exercise the above discretionary power, the cash or accrual allocation shall be in accordance with Chapter 81 of Title 20 of the Pennsylvania Consolidated Statutes, or the corresponding provisions of subsequent state law. (H) If at any time the total fair market value of the assets of any trust established or to be established hereunder is so small that the corporate Trustee's annual fee for administering the trust would be the minimum annual fee set forth in the Trustee's regularly published fee schedule then, in effect, the Trustee in its discretion shall be authorized to terminate such trust or to decide not to establish such trust, and in such event the property then held in or to be distributed to such trust shall '} (/ -X:/, y- 0..-. .-c-, '/ ~~ LAST WILL AND TEST AMENT OF GOLDIE ASH PAGE 6 be distributed to the persons who are then or would be entitled to the income of such trust. If the amount of income to be received by such persons is to be determined in the discretion of the Trustee, then the Trustee shall distribute the property among such of the persons to whom the Trustee is authorized to distribute income, and in such proportions, as the Trustee in its discretion shall determine. (I) Except as otherwise provided in this Will, when the authority and power under this Will is vested in two (2) or more Executors or Trustees, the authority and powers are to be held jointly by the Executors or Trustees, respectively. A majority of the Executors or Trustees may exercise any authority or power granted under this Will or granted by law, and may act under this Will. Any attempt by one such Executor or Trustee to act under this Will on other than ministerial acts shall be void. The action of one such Executor or Trustee under this Will may be validated by a subsequent ratification of the act by a majority of the Executors or Trustees. SIXTH: Ri!!hts and Liabilities of Executor and Trustee. (A) No bond or other security shall be required of any Executor. (B) This instrument always shall be construed in favor of the validity of any act or omission by any Executor, and any Executor shall not be liable for any act or omission except in the case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any investment, the overall performance of the entire Estate shall be taken into account. (C) Each Executor shall be entitled to receive reasonable compensation for services actually rendered to my estate, in an amount the Executor normally and customarily charges for performing similar services during the time which he/she performs the services. SEVENTH: Tax Elections. (A) In determining the estate, inheritance and income tax liability relating to my Estate, the Executor's decision as to all available tax elections shall be conclusive on all concerned. In accordance with IRe Section 2632(a) and without regard to whether a Federal estate tax return is actually filed, my Executor shall allocate so much of the Federal Generation Skipping Transfer (GST) exemption amount as will fully exempt any generation skipping transfer which may occur under this Will. / /.., ~re, U , . ~F LAST WILL AND TEST AMENT OF GOLDIE ASH PAGE 7 (B) The Executor may, in its discretion, determine the date as of which my gross estate shall be valued for the purpose of determining the applicable tax payable by reason of my death. (C) The Executor may, in its discretion, decide whether all or any part of certain deductions shall be taken as income tax deductions (even though they may equal or exceed the taxable income of my estate and whether or not claimed or of benefit on my estate's income tax return) or as estate tax deductions when a choice is available; and in the event that all or any part of such deductions are taken as income tax deductions, no adjustment of income and principal accounts in my estate shall be made as a result of such decisions. EIGHTH: SDendthrift Provision. No beneficiary shall have the power to anticipate, encumber or transfer his or her interest in the estate in any manner other than by the valid exercise of a power of appointment. No part of the estate shall be liable for or charged with any debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of a beneficiary. NINTH: Definitions and General Provisions. (A) Survival. Any beneficiary who dies within sixty (60) days after my death shall be considered not to have survived me. (B) Captions. The captions set forth in this Will at the beginning of the various articles hereof are for convenience of reference only and shall not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. (C) Children. As used in this Will, the words "child" and "children" shall include persons who are legally adopted and the issue of said persons, whether born in or out of wedlock, so long as any person born out of wedlock is acknowledged in a written instrument executed by the one of their natural parents who is a descendant of mine to be the child of said descendant. The word "issue" shall include descendants of all generations including adopted persons. A posthumous child shall be considered as living at the death of his parent. The birth to me or the adoption by me of a child or children subsequent to the execution of this Will shall not operate to revoke this Will. (D) Code. Unless otherwise stated, all references in my Will to section and chapter numbers are to those of the Internal Revenue Code of 1986, as amended, or the corresponding '-' .y;.,:; /,-_/." C ( ~# LAST WILL AND TESTAMENT OF GOLDIE ASH PAGE 8 provisions of any subsequent federal tax laws applicable to my estate. (E) Other terms. The use of any gender includes the other genders, and the use of either the singular or the plural includes the other. (F) Powers of Aooointment are Exercised. By this WillI exercise any and all Powers of Appointment which I possess at the time of my death except any power of appointment which I possess under the Trust described in Paragraph FIRST (C), above. IN WITNESS WHEREOF, I, GOLDIE ASH, the Testatrix, have to this my Last Will and Testament, typewritten on nine (9) pages, including the Acknowledgment and Affidavit, set my hand and seal this 17'h day of September, 2002. . , "--y .. '7;' C ~. . (/...-2..1..... ..~ 1:) _.-~.-> . GOLDIE ASH Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who have hereunto subscribed our names at her request, as witnesses hereto, in the presence of the said Testatrix, and in the presence of each other. Each of us further declares that he or she believes the Testatrix to be of sound mind and memory. The preceding instrument consists of this and eight (8) other consecutively numbered typewritten pages including the Acknowledgment and Affidavit. residing at C~,.t~ /ci/~ fJ;/ / - 1/ /1 ' . ! ."-,',,,. 0- // .. ~ '.-" - < (print name) ~ d7/~/ ,:~--- residing at ~ /2,,2 ?5&/ /:'/; /"Jf- :.- c~c,~ /~ ml'.7/iY (print name) ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF(l,VMBFfl.Q1\D) The Testatrix and the witnesses whose names are signed and subscribed to the attached or foregoing instrument, being first duly sworn and qualified according to law, do hereby acknowledge, depose and say to the undersigned authority, that the Testatrix signed and executed the instrument as her Last Will in the presence ofthe witnesses; that she signed it willingly or willingly directed another to sign it for her; that she executed it as her free and voluntary act for the purposes therein expressed; that each of the witnesses were present and saw the Testatrix sign and execute the instrument as her Last Will; that each subscribing witness in the hearing and sight of the Testatrix signed the will as witnesses; and that to the best of their knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. L .' ..' '. (-:,) " / c,--,<"l_<cc- . /..) ~u T estatri x lip; / //1 h:c~// /1i~ Witness ~/ ." .~?:- 7~' Witness Sworn to or affirmed, subscribed to, and acknowledged, before me by the above-named Testatrix and witnesses, this IT" day of September, 2002. ~r%uatV G)( ) Notary Public My Commission Expires: Notarial Seal Teri L. Walker, Notary Public Lemayne Bora, Cumbertand COLlnty My Commission Expires Jan. 20, 2003 Member, PenneylVan a ssocletlon ot Notarie~