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HomeMy WebLinkAbout01-20-05 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Fredrick B. McGilln., No-.1J-05 -005(;; a Iso known as , Deceased Social Security No 140-26-2115 Petjfjoner(s), who isJare 18 years of age or older, apply(ies) for (COMPLETE "A" OR "B" BELOW:) A Probate and Grant of Letters and aver that Petitioner(s) is/are the executors ,~.. , GJ n~r;>1ed In the bast Will of the Decedent, dated 5/7/1997 and codicil(s) dated none . '. , ". c.. State relevant circumstances, e.g., renuncia1ion, death of executOf,etc - Except as follows, Decedent did not marry, was not divorced and did not have a child born or adopted after execution of the documents offered"' for probate; was not the victim of a killing and was never adjudicated incapacitated" ~:-; (:-:-, " 0 B. Grant of Letters of Administration (P (c.I.a., d.b.n.c.ta.: pendente lite, durante absentia; durante minorilate) Petit\oner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse (if any) and heirs' I Name Relationship Residence l (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, With his/her last family or principal residence at 120 Buttennilk Road, Upper Frankford Township. Newville. PA 17241 (list street, number and municipality) Decedent, then 74 years of age, died lannan' 4 ,2005 ,at Carlisle Regional Medical Center. Carlisle. P A (Location) Decedent at death owned property with estimated values as follows: (if domiciled in PAl All personal property $ (if not domiciled in PA) Personal property in Pennsylvania. $ (If nol domiciled in PAl Personal property in County. $ Value of real estate in Pennsylvania... $ Total $ 0.00 Real Estate situated as follows: 120 Buttennilk Road, Upper Frankford Township, Nem'ille. P A 17241 Wherefore, Petitioner(s) respectfully request(s) the probate of the Last Will and Codicil(s) presented with this Petition and the grant of letters in the appropriate form to the undersigned Typed or printed name and residence Barbara B. McGillvra\', ]20 Buttennilk Road, Ne\\ville. PA 17241 Fred McGillvrav. 122 Buttermilk Road, Ne,nille. PA 17241 Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) and affirm(s) that 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, Petitioner(s) will well and truly administer the estat~ to law. ~ 0-....:. Sworn to and affirmed and subscribed ~ . _A. rr,f,7c f' --4- LAJ/ <::-;;', :C) '-,--, .,20 T H Barbara B. McGilIyray before me this . day of U K JAf,JlUi1Z\f ;)Q05- ' ~~ -- -l.-J r,', ~W .t' FeLli jM.., d-t ~ FredMcGillnay 't Ll c..Ll t-i--Gt CL'I ,Ul , . ~' . ~l V I 11 Y-kcJlp.il;i- '"',J I i--i : '(j ,~'-, -'i"1 ("- DECREE OF REGISTER Estate of Fredrick B. McGilIHav Deceased No. ~I ~ 05 - OD5vI also known as Social Security No: 140-26-2115 Date of Death: 1/4/2005 AND NOW, ,--I i\--N d r-YR '-i lO ,~()O5 , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters I&l Testamentary 0 of Administration (c.t.a., d.b.n.c.1. pendente lite; durante absentia; durante minorilate) are hereby granted to Barbara B. McGilIvrav and Fred McGilIHay in the above estate and that the instrument(s), if any, dated described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES 1 Letters ........ . . . . . . . . . . . . . . . . . . . . . . . . $ ~O,OO lli\ c( u r((~~\Lt\fth (Li LctwtkJ Register of Wills Short Certificate(s) ............... $ 40,00 'fA l( n\it.uLlLit-f~~r Renunciation .................... $ /\ffia8'1it ( )...\i.~ll.l:;;'.... $ 15 CO Extra Pages ( )............. $ Atlorney Codicil............................. $ JCP Fee~J_\\_\Tl.jl:~.. $ i5 DO Attorney: HAMILTON C. DA VIS Inventory & Tax Forms ............ $ 1.0. No: lO264 Other .......... ..... ..................... $ Address: P.O. BOX 40 SHIPPENSBURG PA 17257 Cjo CO Telephone: 532-5713 TOTAL.. .........................$ . DATE FILED )\.'.- ~. ~~&--t'~<TI''-'-' ','.. ~ ....1 , r ~7l:' (' r) , ..-- f ~_; JAN 0 2n{\~1 ~1-O5 -OO5lfl ) :---, '-.' , I ~ . C '-..- J .. 0 ., COMMONWEALTH OF PENNSYLVANIA. OEPARTMENT OF HEALTH. VITAL RECORDS <./"; --,-, "'05 '4;l.~ev. 2/87 CERTIFICATE OF DEATH PElPRINT STATE "LEMJMeER '" RMAt<ENT NAMECF[)fCEDENTi'''",.\Mdle, ''''''I ce, ~QCI""SECUFl,TYNUI<BE" JAr~OF()EATI-".MG""'. J,,_ ""'I I .ACKINI( Fredrick B. McGillvray 2. Male , 140 _ 26 _2115 .1"anuary 4, 2005 I N'"E:L""\R"'M~'I\ \)lIDEA\Y~ \)tIDl:l'llDJIY BIRTHPlACErc,r,.F>d PlACE OF DlOATH !Ch""x ""'iane_.;ee_o,"'ue',,,,",, 0" ""'''' ,.,...1 MO<>th. [ OOI'S HO"",! !A""".. s",," O'h'''''Jo C",mr'l) HOSP'l~L 74 Linden NJ 'OP"hM'[]: =ty)u " , ~ . COU"TYOFC'tf~ber 1 and AACE_....'oncan'ndiM,Blad<,Wl>~8.OlC .9.) : .. Carlisle (s""W'hi te k ~ " DEC!':DEN7'S USUAL OCCUPMION K!NDOFeuSINES$lI~OUSTFlY o.I.."rrAlSTATUS_IIOan-ie<l (Gi",,","""'workcloo."''''''Il~ N8_lIlan~.W_, ol_k'ogIH&;<))not""",","ed.1 Dairy Farmer or..,'C8<l~po!Cityl ,,. Farmer 111>. T..Married OfCEDENT"i ~210NG B~RtSt~~~;iik SlaR d'Codol OECfDENrs PA 17C.~_.__Iiv&(I'n Hpper FranKford ACTUAL ,7_.Sla,. " - RESIOE'NCE _.<1&'" Newville, PI>. 17241 S-""""''''''''' r"",.._ onOI"~''''''el 11b.County Cumber 1 and 'own'"'p? 17~.o :::.~=nr=Ol ,. '.- FATHER'SNA"EIF''''',M''''''..~''I Fredrick M. McGillvray ~OHtEA.SNAME(F,IS',M"'d"',....<denSU'"""'"1 .. ... Helen Furber I INFOfI~ANTSNA"'Errypalp,,"o Barbara McGillvray INF~~'&n;altH~'t.'..gomnc""1to'.Slr:r~m.ll e PI>. 17241 ,~. ~Ob. M8liOOiYOISPOSITION PLACEOf'01SP05ITION-~a""'0IC_lef\l,C'.m..t00, mA~ONff6fTn yale'g'p~i ng s Bu"",rJ C'e"'''''''''~ A"""',^"In:>mSt.,eO W"'I1.a'inger crematory PA oono,,,,,D ~'-iS"""rfy,----- 17065 ~. . ~n. ~lc. ~1~. S!GN"'TU~UN. uCEmp'fi~~895 ], -" """," ome nc 19 p , ~i ~ewvil1e PI>. 17241 . ,~ < UCE'%ENUMBER DAfESIGNED , (Momt<.D.y,''''''i i ". ". = TI~{;OFO~Ht DATE PRQNOUNCEO DEAO ('.<0'''". "'1. Ye", wASCA5EAEFERREDlD~ED'CAlEV~lNERiCORONEm ..:r DO r " r~.,..g- ~O " " ". ~7. 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R...JJ c...cr J....I~ I-. f'~ l ,.. < 33 "-(GLSrRAR'~S'GNA.TUR~A.ND"UMB~~~. ~~c..~t;~""j.., idlll~({j! ::TEFlLEDIMOcmcaIJ~,~ ~)....J QOO'\- F:\WP51\ClIENT\MCGIllVR\MCGIlFR2.Wll 2/7/97 4:50pm wed LAST WILL AND TESTAMENT ~ -. ) (--, , , I, FREDRICK B. McGILLVRAY, of Upper Frankford TOwnship, , Cumberland County, Pennsylvania, declare this .' .1, to be myL@st W111 , and Testament and revoke any will or Codicil previously made by me. ITEM I: I direct that all my just debts and funeral expeQ$es, including my gravemarker and all expenses of my last illness, shall be paid from my residuary estate as soon as practicable after my decease as a part of the administration of my estate. ITEM II: I give and bequeath all of my tangible personal property (not including cash or securities and not including any tangible personal property utilized by me in any business, including farming) including, without limitation, personal effects, household furniture and furnishings, automobiles, and the like, together with any policies of insurance in effect at the time of my death applicable thereto, including any prepaid premiums thereon, to my wife, BARBARA B. McGILLVRAY, if she survives me by thirty (30) days. Should my wife, BARBARA B. McGILLVRAY, predecease me or die on or before the thirtieth day following my death, I bequeath such tangible personalty and the insurance thereon to such of my children as are living on the thirty-first day after my death to be divided among them by my executor as nearly as possible in equal shares in such manner as they may agree upon or, failing agreement for any reason whatsoever, then in such manner as my executor shall determine, giving due regard for their personal preferences. I hereby direct that the costs of moving, shipping or otherwise transporting any such items bequeathed hereunder shall be paid by ~/f;{ my Executors as a part of the cost of administration of my estate. ITEM III: If my wife, BARBARA B. McGILLVRAY, survives me (and I direct that for the purpose of this ITEM III of my will she shall be deemed to have survived me unless it appears unmistakably that she predeceased me), and if the Federal Estate Tax due because of my death will be reduced by making this gift for her benefit, I devise and bequeath to my wife, BARBARA B. McGILLVRAY, absolutely, the least amount (based upon values as finally determined for Federal Estate Tax purposes) as shall be needed for the Federal Estate Tax unlimited marital deduction to reduce the Federal Estate Tax to its lowest possible figure after full use of all other deductions and credits allowable in calculating the Federal Estate Tax, except that such amount shall be calculated without regard to the augmenting of my taxable estate by reason of generation-skipping transfers and without regard for any credit for state death taxes that would not otherwise be payable. Accordingly, I direct that: A. The amount of this gift shall be undiminished by any income, estate, succession, legacy, death, inheritance, or any generation-skipping tax or any interest or penalties thereon. B. The amount of this gift shall take into consideration the value of any property, inCluding property or interests in property under those provisions of this will, by rights of survivorship, by operation of law, by insurance, annuity, or 2 _J?'t%9 ~ endowment contract or otherwise, which my wife, BARBARA B. McGILLVRAY, has received prior to my death or at my death will receive other than pursuant to this ITEM III, which is includable in my gross estate for Federal Estate Tax purposes and with respect to which the marital deduction or any similar benefit is allowable. C. The amount of this gift shall also take into consideration the use of any deductions (other than the marital deduction), exclusions, exemptions or credits available to reduce the Federal Estate Tax to the lowest possible figure. D. No property ineligible for the marital deduction, or any similar benefit, shall be distributed to this gift for my wife, BARBARA B. McGILLVRAY, pursuant to this ITEM III. E. Either cash or investments or both may be allocated to the gift under this ITEM III. F. Any property allocated under this ITEM III in kind shall be valued at the value at which it is finally included in my gross estate for Federal Estate Tax purposes, provided that the aggregate market value thereof on the date of allocation (plus the value as finally determined for Federal Estate Tax purposes of all other property qualifying for the marital deduction) is at least equal to the dollar value of the marital deduction as finally determined for Federal Estate Tax purposes. G. If any provision of my will shall result in depriving my 3 ~ t00( estate of the marital deduction for Federal Estate Tax purposes, such provision is hereby revoked and my will shall be read as if any portion thereof inconsistent with allowance of the marital deduction for Federal Estate Tax purposes is null and void. H. Not withstanding any thing to the contrary contained in this Item III, if my wife, BARBARA B. McGILLVRAY, disclaims her interest in any portion or part of the property passing under this ITEM III, or in my other property passing to her by virtue of my death, such disclaimed property or portion shall not pass hereunder, but instead shall pass under the provisions of ITEM IV hereof (even if such disclaimer and passing would result in the payment of Federal Estate Tax by my estate). ITEM IV: I devise and bequeath the residue of my estate of every nature and wherever situate, including property over which I shall have any power of appointment other than any such power given to me in any will or intervivos trust of my wife, BARBARA B. McGILLVRAY, to my trustee hereinafter named, IN TRUST, for the following uses and purposes: A. To pay the net income therefrom to my wife, BARBARA B. McGILLVRAY, for and during her lifetime. B. As much of the principal of this trust as my trustee in its sole discretion may from time to time think advisable for the support of my wife, BARBARA B. McGILLVRAY, and for the 4 /84t protection and preservation of her property or for the support and education of my children or grandchildren, (including college education, both graduate and undergraduate), or during illness or emergency, shall either be paid to her or them or else applied directly for her or their benefit by my trustee after taking into account her or their other readily available assets and sources of income. C. My trustee may apply the net income of this trust for the support of my wife, BARBARA B. McGILLVRAY, should she by reason of age, illness or any other cause in the opinion of my trustee be incapable of disbursing it. D. In addition to the above provisions, my wife, BARBARA B. McGILLVRAY, shall have the power to direct my trustee to pay to her or to apply out of principal in each year including the year of my death and the year of her death an amount not in excess of the greater of Five Thousand ($5,000.00) Dollars or Five (5%) percent of the then aggregate value of the trust principal. This power is noncumulative and can be exercised only by an instrument in writing intended to take effect during her life, signed by my wife, BARBARA B. McGILLVRAY, and delivered to the trustee. E. Upon the death of my wife, BARBARA B. McGILLVRAY, (or upon my death should she predecease me), should my son, FRED 5 ~tG~ McGILLVRAY, then be living, the then remaining principal and any undistributed income shall be held, administered and distributed as follows: 1. All farm real estate (including any residences thereon) situated in Upper Frankford Township, Cumberland County, Pennsylvania (or any farm real estate acquired in substitution therefore) shall be distributed to my son, FRED McGILLVRAY. Should my son, FRED McGILLVRAY, predecease the survivor of my wife and me, then this provision shall lapse and the farm real estate hereunder to be distributed shall pass as part of the assets distributable under Item IV, F, below. 2. My Trustee shall grant to my son, FRED McGILLVRAY, the option to purchase any cows, farm machinery and farm equipment held by my Trustee at the time of the death of the survivor of my wife and me. The purchase price of such cows, farm machinery and farm equipment shall be the fair market value thereof as determined by my Trustee utilizing such appraisal(s), as are reasonable. The terms of payment therefore shall be such terms as are determined by my son and my Trustees to be reasonable under the then existent circumstances and may include installment payments. This option must be exercised by written notification to my 6 ~/J /J-7( Trustee within one (1) month following the death of the survivor of my wife and me. If my son, FRED McGILLVRAY, fails to exercise this option or notifies my Trustee in writing of his release of this option prior to its expiration, then such cows, farm equipment and farm machinery shall be sold and the proceeds shall be distributable as a part of the assets distributable under Item IV, Paragraph E, 3 below. 3. All of the remainder (including the purchase price payable pursuant to the exercise of the option granted above or the proceeds from the sale thereunder) shall be divided into two equal shares and each of those two shares shall be distributed and/or held as follows: (a) one equal share (half) thereof shall be held IN TRUST by my hereinafter named TRUSTEE, for the benefit of my son, JEFF McGILLVRAY, upon the following terms and conditions: (1) To pay the net income therefrom to JEFF for and during his lifetime. (2) As much of the principal of this trust as TRUSTEE in his sole discretion may from time to time think advisable for the health and medical care and support and maintenance in reasonable comfort of JEFF and for the protection and preservation of his 7 T.e~ property, or during illness or emergency, shall either be paid to him or else applied directly for his benefit by TRUSTEE after taking into account his or their other readily available assets and sources of income. In exercising this discretion, TRUSTEE shall give due regard to the considerations of subparagraphs (4) -(7) below. ( 3) TRUSTEE may apply the Income or Principal of this trust for the benefit of JEFF, should he by reason of age, illness or any other cause, in the opinion of TRUSTEE, be incapable of appropriately receiving or disbursing it. (4) No payments of Principal shall be made from this TRUST until the TRUSTEE shall have taken into consideration all of JEFF's available assets and sources of income, including entitlement to benefits and services from any local, state or federal government or agency (or from any private agency). (5) During the life of JEFF and sUbject to the considerations and stated in subparagraph (4) hereof, TRUSTEE may expend such portions of the principal upon JEFF, for his health and medical care and support and maintenance in reasonable comfort, as TRUSTEE shall 7 c:t7~ 8 determine. TRUSTEE shall have sole and absolute discretion in determining whether any such expenditures for JEFF are to be made. It is TESTATOR'S desire that the TRUSTEE provide such resources and experiences as will contribute to and make JEFF's life as pleasant, comfortable and happy as is feasible. Nothing herein shall preclude the TRUSTEE from purchasing those services and items which promote JEFF's happiness, welfare and development, including, but not limited to, vacation and recreation trips away from places of residence, expenses for traveling companions if necessary, entertainment expenses, supplemental medical and dental expenses, social services expenses, transportation costs, private room, telephone and television services, a mechanical bed, an electric wheelchair, personal care services, and the like. All payments from this TRUST which go to JEFF's direct benefit shall be direct payments to the person or entities supplying goods or services to him at the request of the TRUSTEE. (6) Should the existence of this TRUST disqualify JEFF from eligibility for substantial governmental or private aid or benefits or services, then this TRUST ~ 6 /J;} 9 may, in the sole discretion of the TRUSTEE, be terminated and the then remaining Principal and any accumulated and undistributed income be distributed to JEFF's then living issue, per stirpes. Should there not be any then living issue of JEFF at that time, TRUSTEE may distribute to my then living issue, per stirpes, other than JEFF, except any share for my daughter, COLLEEN OLIPHANT, shall be added to her trust as provided for in ITEM IV E.3(b) below. (7) It is TESTATOR'S intention in creating this TRUST to provide for the comfort and happiness of JEFF, without interfering with, reducing or disqualifying him from aid, benefits or services he or she would otherwise be entitled to and to maximize the ultimate distributive shares for TESTATOR'S other beneficiaries. TESTATOR does hereby specially waive, renounce and disclaim any rights which TESTATOR'S heirs and assigns, or other person or entity may otherwise have to seek invasion of the assets of this TRUST pursuant to any rule of law or statute of any jurisdiction. (8) Upon the death of JEFF, this Trust shall terminate and any remaining principal and accumulated and undistributed income shall be distributed to the 10 Y/dAt7 then living issue of JEFF, per stirpes. Upon the death of JEFF, should he not be survived by issue, then the distributable portion hereof shall be distributed to TESTATOR'S issue, per stirpes, who are living on the date of the death of JEFF, provided that any share for my daughter, COLLEEN OLIPHANT, shall be added to her trust as provided for in ITEM IV. E. 3. (b) below. (b) one equal share (half) shall continue to be held by my Trustee, in a separate trust for the benefit of my daughter, COLLEEN OLIPHANT, to be administered and distributed in accordance with the provisions hereinafter set forth: (1) To pay 1/2 of the net income therefrom to my daughter, COLLEEN OLIPHANT, until she reaches age 55 and thereafter all of the net income for the remainder of her life. Trustee(s) may apply the net income of this trust for the support of my daughter, COLLEEN OLIPHANT, should she by reason of age, illness or any other cause, in the opinion of the trustee(s) be incapable of disbursing it. Any income earned and not distributed shall be added to and thereafter be treated as part of the principal. (2) No principal of this trust may be paid to or 11 7Z't13///t for my daughter, COLLEEN OLIPHANT, or her husband or her descendants until after the death of my daughter. I hereby express my specific and conscious desire and direction that my Trustee(s) shall not have the power or discretion to expend principal to or for the benefit of my daughter, COLLEEN OLIPHANT, because my primary intention in creating this trust is to assure my daughter an income for the remainder of her life and expenditures of principal which permanently reduce the trust's ability to generate income for my daughter are not in my opinion in her best interest. (3) Upon the death of my daughter, COLLEEN OLIPHANT, (or upon the death of the survivor of me and my wife, should my daughter have predeceased me and my wife), this trust shall terminate and the then remaining principal and any accumulated or undistributed income shall be distributed to my daughter's then living issue, per stirpes, and in default of such issue shall be distributed to my then living issue, per stirpes, provided, however, that the share for any person (including shares hereunder or otherwise under this Will for any issue of my sons, JEFF and FRED) who shall not have attained the age of 12 Y?/J/Jrt thirty-five (35) years shall be held by my trustee in a separate continuing trust to be administered and distributed in accordance with the provisions set forth as follows: (a) My Trustee shall accumulate the net income and expend and apply so much of the net income, accumulated income, and principal of the trust as trustee in its sole discretion deems advisable to or for the benefit of such person for the support, education and health of such person and for the protection and preservation of his property until such person attains the age of eighteen years. (b) Upon such person's attaining the age of eighteen (18) years, my Trustee shall distribute the net income of such person's trust to him or for his benefit and so much of the principal as trustee in its sole discretion deems advisable for the support, education and health of such person and for the protection and preservation of his property shall be distributed to such person or for his benefit. Such person shall be entitled during his lifetime, to withdraw sums of principal from his trust in accordance with the following formula: (1) At any time after attaining the age of thirty (30) years and prior to attaining the age 13 YB, ~ of thirty-five (35) years, such sums as shall not exceed one-half (1,) of the market value of the principal as constituted on his thirtieth (30th) birthday or on the creation of his separate trust, whichever shall last occur; (2) At any time after attaining the age of thirty-five (35) years, any and all principal remaining. (c) Upon the death of any such person, his trust shall terminate and the then remaining principal shall be distributed, per stirpes, to his then living issue, or, if there shall be no such issue, to my then living issue, in equal shares, per stirpes. F. Upon the death of my wife, BARBARA B. McGILLVRAY, (or upon my death should she predecease me) and should my son, FRED McGILLVRAY, not then be living, the then remaining principal and any undistributed income shall be held, administered and distributed as follows: l. One third (1/3) thereof shall be distributed, per stirpes, to the issue of my son, FRED McGILLVRAY, or in default of such issue to my issue, per stirpes, provided however that the share for any person who shall not have attained the age of 35 years shall be held, administered and distributed in a separate continuing Trust in accordance with 14 '719 "iJ? the terms specified in Item IV, E.3.(b)(3) above. 2. One third (1/3) thereof shall be held by my TRUSTEE for the benefit of my son, JEFF McGILLVRAY, in accordance with the terms of ITEM IV, E.3. (a) above. Should my son, JEFF McGILLVRAY, have predeceased the survivor of my wife or me, then his share shall be distributable in accordance with the terms of Item IV, Paragraph E.3.(a), above, except that the share of my son, FRED McGILLVRAY, shall be distributable or held in accordance with the terms of Paragraph F.l. immediately preceding. 3. One-third (1/3) thereof shall be held by my Trustee in a separate trust for the benefit of my daughter, COLLEEN OLIPHANT, in accordance with the terms of Item IV, Paragraph E.3. (b) above. ITEM V: If any property passes outright (either under this will or otherwise) to a minor (which shall be defined as anyone under twenty-one (21) years of age) and with respect to which I am authorized to appoint a guardian and have not otherwise specifically done so, I decline to appoint a guardian but instead authorize my Executor to distribute such property to a Custodian selected by my Executor (and my Executor may act as such Custodian) as Custodian for the minor under the Pennsylvania Uniform Transfers to Minors Act. Provided, however, that this appointment shall not supersede the right of any fiduciary to distribute a share where 15 7/j4, possible to the minor or to another for the minor's benefit. ITEM VI: All Federal, state and other death taxes payable because of my death (but not including any increase in federal estate tax resulting from excess retirement accumulation under Section 4981(d) of the Internal Revenue Code and not including any generation-skipping transfer tax for which I may be liable as transferor under section 2603(a) (3) of the Internal Revenue Code), with respect to the property forming my gross estate for tax purposes, whether or not passing under this will, including any interest or penalty imposed in connection with such tax, shall be considered a part of the expense of the administration of my estate and shall be paid out of that portion of my residuary estate under ITEM IV, without apportionment or right of reimbursement. I direct that any increase in Federal Estate Tax resulting from application of section 4981(d) of the Internal Revenue Code be paid by the recipient of such distribution and I direct that any generation-skipping transfer tax for which I may otherwise be liable be paid from the property constituting such transfer. In addition to other powers vested in my Executor(s) by law or other provisions of my Will, I hereby authorize and empower my Executor(s) to (1) allocate any of my unused federal generation-skipping transfer tax exemption to any property of which I am the transferor for the purposes of such tax (whether or not passing under this Will); (2) exclude any such property from any 16 Yb.-1n such allocation; and (3) make any related election, all as they in their sole and conclusive discretion deems most advantageous and equitable. I direct that no party in interest to the transfer of any such property shall have any claim against my Executor(s) or my estate or any claim for equitable reimbursement or any other cause. ITEM VII: My Executors, Trustees and Guardians, whether masculine, feminine, singular, plural, individual or corporate, (herein sometimes referred to as "fiduciaries" or "fiduciary") shall have the following powers in addition to those vested in them by law and by other provisions of my will applicable to all property, whether principal or income, including property held for minors, exercisable without court approval, and effective until actual distribution of all property: A. Any fiduciary hereunder may renounce or resign at any time with or without cause. B. No fiduciary shall be required to file bond, execute any instrument appointing anyone to accept service of process, or file inventories or accounts of any kind, except as ordered to do so by a court of competent jurisdiction or as required to do so under a state statute not providing for release of such requirements by a testator. C. If there is no corporate fiduciary acting hereunder, my Executor or Trustee may designate a corporation (regardless of where organized or headquartered) with fiduciary powers to act 17 ~~~ as agent or custodian hereunder, may delegate to it such duties as may be appropriate (including investment recommendation duties), may pay to it reasonable compensation for its services, and may discharge it with or without cause. D. To retain any or all of the assets of my estate, real or personal, including stock of any corporate fiduciary, without regard to any principal of diversification or risk. E. To invest in all forms of property, including stock, common trust funds, and mortgage investment funds whether operated by my fiduciary or others, without restriction to investments authorized for Pennsylvania Fiduciaries, as they deem proper, without regard to any principle of diversification or risk. F. To sell at public or private sale, to exchange, or to lease for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms or conditions as they deem proper. G. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper in their sole discretion. H. To borrow from or to sell to my Trustee even though such Trustee may be my Executor. I. To cause the title to any property held hereunder to stand in the name of a nominee or nominees. J. To repair, alter or improve any real or personal 18 /~~ property; to borrow money, including the right to borrow money from any fiduciary hereunder, and to pledge, mortgage, or create a security interest in any property held by them as security therefor, and to make loans, secured or unsecured, for such purposes and upon such terms and conditions as they may deem advisable, including loans to my estate, with or without interest, for any purpose whatsoever, and to exercise options of any kind. K. To subscribe for or to exercise options for stocks, bonds or other investments; to join in any plan of lease, mortgage, merger, consolidation, reorganization, foreclosure or voting Trust and to deposit securities thereunder; to vote securities in person or by proxy, in such connection to delegate discretionary powers; and generally to exercise all the rights of security holders or employees of any corporation. L. To compromise, submit to arbitration or release any claim of my estate or any Trust hereunder against others and to pay, compromise, or submit to arbitration any claim of others against my estate or any Trust hereunder. M. To exercise any law-given option to pay death taxes in installments, the payment of interest due on such installments to be a charge against principal. N. To exercise any law-given option to treat administrative expenses either as income tax or as estate tax deductions, without regard to whether the expenses were paid from principal 19 //J /fJ! or income, without regard to whether the size of the marital deduction share created in ITEM III hereof will be increased thereby, and without requiring reimbursement. o. To receive other property of any type acceptable to the Trustee, including, but not in way of limitation, life insurance proceeds, which may be devised, bequeathed, assigned, granted, conveyed or made payable to the Trustee by any other person, to be added to and administered in accordance with the then applicable provisions of the Trust or Trusts hereunder; provided, however, if more than one Trust is then being administered hereunder, such other person may specify, in the instrument of transfer, among which Trusts, and in what proportions such property shall be allocated. P. To treat the entire trust estate as a common fund for the purpose of investment, notwithstanding any provision herein for division thereof into shares or separate Trusts. Q. Any Trust beneficiary will have the right at reasonable times to request of and receive from the Trustee a complete written accounting of such matters pertaining to the administration of the Trust as are pertinent to that beneficiary. In the Trustee's discretion, income tax returns of the Trust and other appropriate information may be used to satisfy such request. R. In making distribution of my estate, my Executor (and in making distribution of any Trust, my Trustee) is hereby granted 20 ~~~ the power to make non-prorata distribution of assets in kind. S. My Trustee in addition to other powers granted shall have the authority to purchase life insurance on the lives of any or all beneficiaries of the Trust. In addition, specific authority or power is granted to pay premiums on existing policies as well as those purchased after the creation of the Trust even though said policies may not be owned by or payable to the Trustee as beneficiary. Premiums may be paid from the income of the Trust estate or, if necessary, from principal. T. Should the principal of any Trust herein provided for be or become so small that, in the Trustee's discretion, establishment or continuance of Trust is inadvisable, my Trustee or my personal representative may make immediate distribution of the then remaining principal and any accumulated or undistributed income outright to the person or persons and in the proportions they are then entitled to. If any such person is then a minor, distribution may be made to that person's guardian, or to a person selected by the Trustee to be custodian for such person until the age of twenty-one (21) years under the Pennsylvania Uniform Gifts to Minors Act. U. My fiduciaries, generally, shall have full power and authority to exercise all rights and privileges appurtenant to any property held by my fiduciaries, and to execute and deliver any and all instruments which may be necessary or expedient in 21 Y/3~ the exercise of the powers granted herein. v. The situs of any Trust created hereunder shall be in the County of Cumberland, and state of Pennsylvania, and all questions pertaining to the construction or validity of the provisions of this instrument shall be governed by the laws of that state. Despite the foregoing, the Trustee may, at any time and from time to time, change the situs of any Trust created hereunder as the Trustee in his sole discretion deems desirable for the benefit or security of this Trust. The Trustee may elect (or decline to elect) the law of a different jurisdiction and thereafter the court of such other jurisdiction shall have the power to effectuate the purposes of this instrument to such extent. The Trustee may change the situs of any Trust created hereunder, and may change the situs of one Trust without changing the situs of other Trusts created hereunder. This is a continuing power which will not be exhausted by its use. The determination of the Trustee as to the change of situs shall be conclusive and binding on all persons interested or claiming to be interested in any Trust hereunder. w. If there are co-fiduciaries serving hereunder, they may delegate any and all management duties and responsibilities to one of them. My co-fiduciaries may, for example, designate one of them to maintain a bank account or accounts, and in that instance the signature of only that fiduciary shall be required 22 Y 6 /J7f to open and maintain such account, to deposit funds to such account and to write checks on such account. x. The individual fiduciaries shall have jointly all the powers given to the fiduciaries, except that no individual fiduciary shall participate in the exercise of any discretion to determine the proprietary or amounts of payments of income or principal to himself or herself or to any person to whom he or she is legally obligated, or possess any of the incidents of ownership with respect to any policy of insurance on his or her life, and the remaining fiduciaries alone shall exercise that discretion and possess those incidents of ownership. Y. In the event of any disagreement between or among my fiduciaries, the decision of my individual fiduciary except as may be limited by Paragraph X immediately preceding, shall control. No fiduciary shall be liable for any loss resulting from a decision in which that fiduciary did not join. z. To continue the operation of any business in which I may be interested or engaged at the time of my death (regardless of the form or organization of any such business, whether the same be a sole proprietorship, a partnership or a corporation in which I own all or a substantial portion of the stock and including any farming business and the rental of farm land which I may own, either solely or as a co-tenant, including undivided fractional interests) , which business or an interest in which 23 ~~~ shall be received by my fiduciary, subject to the terms of any agreement I may have made for the sale of such business or interest or any assets thereof, until such time as my respective fiduciaries deem it advisable to sell, liquidate or distribute the same in kind. My fiduciaries shall have all the rights and powers in connection with said business as I had when living, including by way of example and not limitation the powers to operate or join in the operation thereof as a going concern, the right to change the form of any such business by the reorganization or incorporation thereof, or the formation or re-formation of a general or limited partnership with respect thereto, and also including the right to invest in any business or make agreements for the utilization in any business or lease to or in conjunction with any business the property of my estate or any trust hereunder for such periods of time and upon such terms and conditions and to liquidate or sell the same or any part thereof, all as my respective fiduciaries shall deem advisable for the best interests of my estate and of the beneficiaries thereof, without any liability for loss resulting from the operation of said business except where such loss is the result of gross negligence or fraud on the part of the particUlar fiduciary. AA. In connection with the continued operation of any business, my fiduciaries shall be entitled to receive such 24 /~Atl additional compensation as may be commensurate therewith. My fiduciaries are specifically authorized and empowered to engage the services of such persons as may be reasonable necessary or desirable to provide legal, accounting and business management expertise to or for said business and to engage employees and agents therefor and to agree for the compensation of said persons in addition to the additional compensation of my respective fiduciaries provided for above. BB. If the assets of any Trust hereunder consist of any interest in residential real estate, whether it be a full fee interest; a leasehold interest; a fractional interest; a life tenancy or a remainder interest; the right to income from such trust shall include the right to possession of such residential real estate (and if the income beneficiary is my wife, she shall have the right to share that possession with such other members of my family as she shall determine). The costs of obtaining, maintaining, insuring, repairing and/or replacing such real estate shall be considered appropriate costs to be paid by Trustees and shall be allocated to income or principal in accordance with the character of the cost paid. Should my wife be residing on a permanent basis (temporary absences for vacations and the like not considered) in such residence, Trustee shall consult with my wife prior to sale or other disposition of such residential real estate, and shall not 25 ;;Z,tJ~ dispose of such residential real estate without the consent of my wife or her agreement concerning a substitute or replacement residence. Trustee is authorized to execute and deliver such Deeds, assignments or other documents as may be necessary and desirable to effectuate the transfer of ownership of any interest in any real estate. ITEM VIII: I appoint my wife, BARBARA B. McGILLVRAY, and my son, FRED McGILLVRAY, Executors of this my Last Will. Should both of my said Executors fail to qualify or cease to act as Executors, I appoint HAMILTON C. DAVIS, Executor of this my Last will. ITEM IX: I appoint my son, FRED McGILLVRAY, and HAMILTON C. DAVIS, of Shippensburg, PA, Co-Trustees of any trusts created by this my Last Will. ITEM X: In the event that FRED McGILLVRAY should resign, die or otherwise be unable or unwilling to continue to act as Trustee, he shall have the power in writing (including a provision in his will) to designate a successor Trustee. In addition, during his lifetime, FRED McGILLVRAY shall have the power, in a writing, to discharge any corporate Trustee and name a successor Trustee (or not) as he in his discretion shall determine. Any such successor or co-Trustees shall have all of the power given to the TRUSTEE under this Agreement, but shall not be liable for acts or omissions of prior Trustees. The terms "TRUSTEE" or "TRUSTEES" or fiduciary or fiduciaries, shall mean the TRUSTEE or TRUSTEES serving at the 26 ~/!J01 time in question. Should FRED McGILLVRAY resign or die or otherwise be unable or unwilling to designate a successor) HAMILTON C. DAVIS shall have the power to designate a substitute co-Trustees. Anything herein to the contrary notwithstanding, it is my intention that there shall at all times be serving hereunder at least one TRUSTEE who is not a "related or subordinate party" as defined in CODE Section 672(c), and is not a "Member of the Family" as defined in CODE section 2704(c) (2), with respect to me or any beneficiary hereunder. ITEM XI: I direct that my Executors and Trustees or guardian or their successors shall not be required to give bond for the faithful performance of their duties in any jurisdiction. ITEM XII: Any corporate fiduciary shall be entitled to compensation based upon its regular schedule of fees for such services in effect from time to time during the period over which its services are performed. ITEM XIII: Any individual fiduciary shall be entitled to reasonable compensation for his or her services rendered from time to time unless different compensation has been provided for in a separate letter of agreement. ITEM XIV: The interests of the beneficiaries hereunder shall not be subject to anticipation or to voluntary or involuntary alienation. IN WITNESS WHEREOF, I hereunto set my hand and seal to this my 27 ~/3/Jrt Last will and Testament, written on twenty-nine (29) sheets of paper, dated this 1fj! day of ~ ' 1997. ~~f!;, /t;ff:- };~ Fredrick B. MCGillvray The preceding instrument, consisting of this and twenty-eight (28) other typewritten pages, each identified by the signature or initials of the Testator, was on the day and date thereof signed, published and declared by the Testator therein named, as and for his Last will, in the presence of us, who, at his request, in his presence, and in the presence of each other have subscribed our names as witnessfs hereto. / 1 i I ~ 1.fJ1~j V\ C kw ~ residing at /'Iewv,'/ IT,' (4- ~ I/{!fvff/:J residing at tifK.6~ Pit- 28 COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF CUMBERLAND : I, FREDRICK B. McGILLVRAY, the Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. j;t~ /!1. ~~~AL) Fredrick B. McGill y Sworn to or affirmed and acknowledged before me by r-~EDRi'k 8, /l1-G".I.V~{the Testator, this '7~ day of J---r1"jo , 1997. . ....,,] ~~Q ~~' 1-,:".,': ,>,'f N6tary publ ; 1 COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF CUMBERLAND : We, J./Prm,,-T/)/,,J C. :DAUIS and IRINA '"'""'. CS f("oo/<::EN S , the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute the instrument as his Last Will; that the Testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testator signed the will as a witness; and that to the best of our knowledge the Testator was at the time eighteen (18) or more years of age and of sound mind and under no constraint or undue influence. J:k~/~ (!:,~- ~tw ?J;~h:, Sworn to or affirmed and subscribed to before me by /-IAml '--r1>/-J C. .])Av IS and --rrzIN,Il /I'l, .f3eook""'S , witnesses, this 1.e... day of Yn "a ' 1997. ;f;~ () ~ Y-2 ~(Vvr~ ,.J () ,'.:o,' ,.. 29