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Home My WebLink About12-04-13 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF C Cf i�'J/,j�='/� q�✓� COUNTY,PENNSYLVANIA ' 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 respectfiilly request(s)the grant of Letters in the appropriate form: ', Decedent's Information 1, '' Name: v^�/t�� 1_ �tt2jtt File No: � �_�4J � I��_ a/k/a: (Assigned by Register) a/k/a: al�a� Social Security No: ��y — /� — U�9(� Date of Death: �`�'"�;z- 2-�' �I 3 Age at death: q� � Decedent was domiciled at death in (d�F.2 /�u.r,�✓ ��'��'�o nty, i i�I (srare)with ksslher last principal residence at �7 Z,S' lv��,r,, u�,v,� �i�c,r�-,��v,c� /{�2 c, , �%� �Lr'n 3,;iu�i>Jo Street address,Post Office and Zip Code City,Township or Barough County i Decedent died at �Z?.�S' �✓t��,v L.¢.v�� i l"l��lt�,vr(J�3��L ,� �� (N�,l�'��t�r-b �°`f Street address,Post Office and Zip Code City,Towns ip o Borough County State Estimate of value of decedent's property at death: 3Bd �v v Ifdoniiciled i�r Pennsylvania............................ All personal property $ � If not daniciled in Pennsylvania. ....................... Personal property in Pemisylvania $ /jnot domiciled in Pennsyh�ania. ....................... Personal property in County $ va[ue of real estate in Pennsylvnnia......................................................... $ TOTAL ESTIMATED VALUE. ... $ 3 t��^y, JvJ Real estate in Pennsylvania situated at: ~�i4 (Attnch udditionn!sheets,i/'necessary.) Street address,Post Office and Zip Code City,Township or Borough County �" A. Petition for Probate and Grant of Letters Testamentarv Petitioner(s)aver(s)he/she/they is/are the Execuror(s)named in d�e last Will of tl�e Decedent,dated ��/`�/ �U/ and Codicil(s) �T thereto dated State relevant circmnstances(e.g.ren�mcinlion,dea�h oJexecreor,e1c.) Except as follows: afrer tl�e execution of the instrument(s)offered for probate Decedent did uot marry,was not divorced,was not a party to apending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and di��t�ot have as�1 iid born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated perso� W m m �NO EXCEPTIONS ❑EXCEPTIONS � � �_� � ❑ B. Petition for Grant of Letters of Administration If a l�cabte � S � � � � ( PP� J_ � r— ..;�;._:,, c.t.u.,d.b.�i.,d.b.n.c.r.u.,pendent�te,�i�rFrTi'te ub�liu,dy��`e�minoritute ''� CI� � �y r__� If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above ani�COmpl'�ete lis�f he�:s. , — t c_� � � Except as follows: Decedent was uot a parry to a pending divorce proceeding wherein the grounds f6i"i1�6ct�ce trad been estab�i�hgd;as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated p��r o�� F--1 ° ,�1 ❑NO�XCEPTIONS �EXCEPTIONS •~;� M'� �� `> ;� Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and~heirs�tuch udditiaiul sheets,i/'necessury): Name Relationshi Address Fa•m RW-02 ,��v.�niuizn�i Page 1 of 2 Oath of Personal Representative Official Usc Only COMMONWEALTH OF PENNSYLVANIA } } SS: COliNTY OF Cu'''r/�;��/E.rv,c� } Petitioner(s)Printed Name Petitioner(s)Printed Address �^'��1 fy, I-�+�t�J � N v�v i d-;. .Si, M r��,:r-v�-�,�. Pt l 3Q� �- The?'etitioner(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 t�at,as Personal Representative(s)of the Decedent,tl�e Petitioner(s)will weil and truly administer the estate according to law. S��orn to r affirmed and subscribed before ' (/, �L�— Date 1 Z —3— /3 me this''� - ay of ,�/3 Dace By: Date Fo,•tlze Register Date BOND Requir � To the Register of Wil[s: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ � � Attorney Signature: ( �� ) Short Certificate(s). . . . . . � ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . � � � Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: � w � 1�"1 Commission. . . . . . . . . . . . . . . . . . Supreme Court � �7 '� G7 Q her . . . . . . . ID Number: � � c-�-� �� %� � � _.�i . � 1 . . . . . . . � � �.-' �' . . . . . . . � �d� [�"f . , Firm Name: ^� - -� ,,,�� kW:? � .. � ��g � . . . . . . . �fj Address: � �,� � :� 1 `��, C-.:r -t.7 ;� . . . . . . . . � . .,„.i ,��,,,Y . . . . . . t'::„ �� . . . ' ;%J F—� y..... . . . . . . . ' _.� �"s'"� . .-_. . . . . . . . . Plione: �� r•> C:a Automation Fee. . . . . . . . . . . . . . . � Fax: � N JCS Fee. . . . . . . . . . . . . . . . . . . . . . � Email: TOTAL. . . . . . . . . . . . . . . . . . . . . $ • DECREE OF THE REGISTER Estate of�� rS V 1 File No: �� — �� ' �� a/lc/a: AND NOW, �� (� e�'e�l r��' ,!��, in consideration of the fore oing Petition, satisfactory proof having been presented before me,IT IS DECREED that Lelters Yl. �Lp'�, are hereby granted to��h j S (-C � ►r� in the above estate and(if applicable) that the instruinent(s) dated �� --�� described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s))of D�cedent. � Register of Will�� /��jn Y�/cJV/ � Fnrm RGV-0? rev. 10/11/?0/! Page 2 of 2 H105.805 REV(9/ll) �tECO��o e��c� oe LOCALER�TG�Sa�F��i��s'S CERTIFICATION OF DEATH WAI��J�?f'$ is�le��o�iu��ate this copy by photostat or photograph. CLERK C�� Fee for this certificate, $6.00_ . �,,,��--., This is to certify that the information here given is 0 f��Q�S ��J��E ,,,��,n��p�ZH QF p f�;y: correctly copied from an original Certificate of Death ��j+9$E��.A}��} L�`�., �� o� _ -_.`rl�; duly filed with me as Local Registrar. The original ��_ � °-: z; certificate will be forwarded to the State Vita1 ?°v- � a� Recards Office for permanent filing. . ;* . , *`� � � 0041430 = o - ,, . `s°q P~?�� , � C U 1013 9jMENT OF�'�' ;�, � �� Certification Number __ """'��""""� Local Regis ar Date Issued Type/Print In COMMONWEALTH OF PENNSVLVANIA•DEPARTMENT OF HEALTH�VITAL RECORDS Pe�manent Black Ink CERTIFICATE OF DEATH State File Number. l.Decedent's Legal Name(First,Middle,last,SuHix) 2.Sex 3.Social Security N�rmber 4,Date of Death(MO/Oay/Yr)(Speli Mo) Grace =. Hursh female 184-16-0396 November 28, 2013 Sa.Age-Last Birthday(Vrs) Sb.Under 1 Vear Sc.Under 1 Da 6.Date of Birth(MO/Day/Vear)(Spell Month) 7a.Birthplace(City and Siate or Foreign Country) 97 Monchs oays �o�� "^�^°ce5 June 27, 1916� Leetonia,. PA 7b.Birthplace(COUnty) 'j'30 g Sa.Residence(Siata o�Foreign Co�ntry) Sb.Resldence(SLreet and Numbe�-Include Apt No-) 8c.Did Decetlent Live in a Township? I Penns lvania Cq�s,deoeae�o r�ea i„ Lower A11en rJ Bd.R¢9lt3enCE(CouY�ty} � S�L�LS Wilsoxi Lane r`^'P� y� Cumberland 6e.ftesidence(Zip Code) �No,decedent livetl within limlts of city/boro. 9.Ever In US Armed ForcesT 30.Marital Status at Time of Deatli � MarrieC �Widowed 11.Survivtng Spo�se's Name(If wife,give name prior to flrs[marriage) �Yes gNo �Unknown � Dlvorced � Nev¢r Marrietl 0 Unknow 12.Father's Name(First,Mitldle,Last,S�ffix) 13.Mother's Name Prior to First Ma�riage(First,Middle,Last) Dennis Smith Charlotte Schwab 14a.Informant's Name 14b.Relationship to Decedent 14c.Informant's Mailing Address(Siree<and Number,City,State,Zip Cotle) Dennis G_ Hursh Son 60 N_ Union St. , Middletown, PA 17057 0 Ci �� _ 15a.Place o Dea[h Ghec on�one _ It Death Occu��ed�in a HOSpital: � Inpatient �If Death Occurred So where Other Than e Hospital �Hospice FaciliTy �]Decedent's Home � � Emergency Ro.om/OUfpattertt � Dead on Arrival � ��IGursing Home/LOng-Term Care Facility �Other 5 � ( pecifyj � SSb.Faclilty Name(If not institutlon,give sTreet and number) 15c.City or Town,State,and Zip Code i5d.Gour�ty of Death Bettian Vil1a e Mechanicsburg, PA 17055 Cumberlaxid 16a.Method of Dlspositiot� urial � Cremation 16b.Date of Disposition 16c.Place of Disposition(Name of cemetery,crematory,or other place) .[].Removalfrom5tate poo�ano„ December 3, = O��Ther(Specify) 2013 Rolling Green Memorial Park . ��16 .Loc:ation of Dl�spositlon(City or Town,Staxe,and Zip) 17a. tu raf Service Licensee or Person In Cha�ge of Intermenf 1']b.LI[ens¢Number Camp Hil1, PA 17011 FD 012 848 L � 1�a=tiiemore�Le��r��GF�,�a��nctY , 1303 Bridge Street, New Cumberland, PA 17070 m 38.Decedent's Educatlon-Check the box fhat best describes�he 19.Deced¢nt of H(span)c Origin-Check the 20.petedent's Race-Check ONE OR MORE races io indicate what �- highest degree or level of school completetl at the time of death. box fhat best describes whether the de<edent tM1e decedent considered h(mself or herself to be. � 8[h grade or less is Spanish/Hispanic/Latino. Check the"NO" ��O(/hife � Korean � No dlploma,9th-12th grade box if decedent Is not Spanish/Hispanic/Latino. p Black or African American � Vietnamese Q Hlgh school graduate or GED compleYed [��IVo,not Spanish/HispanicfLattno O American Indian or A�aska Native � Other Asian Q Some college credif,but no degree �Yes,Mexican,Mexican Amerlcan,Chicano O Associate degree(e.g.AA,AS) 0 Yes,Puerto Rlcan O Asian Intlian O Native Hawalian ��acheior's deg�ee(e.g.BA,AB,BS) 0 Yes,Cuban 0 Ghinese � G�amanian or Chamorro � Filipino � Samoan � Master's tleg�ee(e.g.MA,M5,MEng,MEd,MSW,MBA) 0 Ves,other Spanish/Hispan(c/latino �Japanese � Other Pacifc Islander � Docto�afe(e.g.PhD,EdD)or Professional degree (Specify) 0 Other(Specify) .MD DOS OVM LLB JD 21.Decadenf's Single Race Self-Designation-Check ONLY ONE to Indicate what the decedent considered himself or herself to be. 22a.Decetlent's Vs�al Occupatio -Indicate type of work L$�/hite �Japanese � Samoan tlone during mos2 of working life nD0 NOT USE RETIREO. O BlackorAfricanAmerlcan p Ko�ea., O OtherPacificlslander ps chiatric Nurse 0 Amerlcan Indlan orAlaska Native �Vietnamese Q Don't Know/NOt S�re y •.. O Aslan Indian O Oth¢r Asian � Refused 22b.Kind of Business/Industry � p cn�.,ese O NacNe Hawaltan 0 otne��sPe�iry� Aealtt�care Q O Filipino � Guamanlan or Chamorro ITEM5�23a-23d M .�.BE CO PLETED �23a.Date Pronounced Dead(MO Day/Yr) 23b.Signat�re of Person P�onouncing Death(Only when appltcabie) 23c.Li<ense N�mber BV PERSON.WHO PRONOVNGESOR �,,�� /�� CERTIFIES DEATH �� y//H�/��_ �jl.�r�) �,/� 23d.Oate Slgned(MO/Day/Vr) 24.Time ot D th �e � Q� ''�Ta�� '�'v. �� 25.Was Medical Ezaminer or Coroner Contacted? � Yes No � � CAUSE OF DEATH � Approximate 26.Part 1. Enter the chain of events--diseases,injurles,or complications--that directly caused the tleaCh. �O NOT enter terminal events such as cartliac arrest, � Inferval: respiratory arrest,or ventricular fibrillaiio'n^withou[show^ing the etiology. 0\0/NOT A9B(R1EVyIAT�E. Enter only one cause on a Ilne. Add atlditional lines if necessary. � Onset to Death IMMEDIATE CAVSE '--'-"---'---> a. / V�V/v� / T�/V\ �O VL � ♦ r� � (Final d�sease o ntl�[lon Due to(or as a con equence of): resulHng in death) 1 b. .�S��c-✓� V�'c�vl"�V-� 5 77'j'�-pJ'Y�t3 p C L--[ SequentiallyVist contlLUons. D�e fo(or as a consequence of): � if any,leading ta the ca�se � IlsYed on line a. Enter.the . � 1 UNDERLYING CAUSE� � � ��e to(or as a consequence of): (disease or Infury xhat. = tnitiated the events res�liing tl. In death)LAST. � Due io(o as a consequence of): S 26.Part tl�. E�pnTe..YI�ot1he/r� ificant condltions co-yt--r�ibutin to eath b�t not resulting in the underlying cause given In Part I. 27:Was an a�topsy pertormed? � G�...r� i.�v y�1��S \ , r, S Z� . O Yes �No Q.b W 2-PL.�C�+7 UT 1 28.Were aotopsy Flntlings available � � m complete the cavse +aearnz T ,v' T-j�2r1 v o ves r�o _ 29.If Female: 30.Did Tobacco Use Contrib�te io Death? 31.Manner of peath o � Notpregnantwithinpasiyear � Ves � Probabl � m � Pregnant at Sime of death �' �i/Natural 0 Homicide � Not pregnant,b�t pregnant wlihin 42 days of tleafh 0 No �' Unknown � Accident O Pendtng Investigation � Suicide � Coultl not be tletermined �- � Not pregnant,but pregnant 43 days to 1 year before death 32.Date of Injury(MO/Day/Vr)(Spell Month) � 0 Unknown if pregnant wiShin[he past year 33.Time of Injury �� 34.Place of In)�ry(e.g.home;construction site;farm;school) 35.locafion of Injury(Street and Number,City,County,State,Zip Code) !"^,.� � 36.Injury at Work 37.If Transportation Injury,Specify: 38.Describe How�njury O�curred: � Ves O Drlver/Operator � Pedestrlan � No � Passenger 0 Other(Speclfy) 39a.Certifier-physician,certified n e practitioner medical examiner/co r(Check only one): -�_~ �Ce"rtifying only-To the best of my knowledge,death occurred due to the cause(s)and manner stated. � � Pro�ouncing 8.Certlfying-To the besf of my knowledge,death occurretl at the time,date,and place,and due to the ca�se(s)and manner stated. i_ � Medical Examiner/COroner-On th�e�ba.�sis�of/e'�x�am�in�atlon and/or invest�gation,In my opinion,deatF ocYc-u�rretl at the Ume,date,antl place,and d�e to the ca�se(s) nd r siated. -? Signature of certifier:�`��✓JrV��/�/W\ Tlile of certifter: ��- / �,�e„�e N„mbe,:M osF�--°13 3 -�-L 39b.Name,Ad anA Zip f P Compl ing Ca�se of Death(Iiem 26) ', _(� gne ( /Da /Yr �gss �� p nJ� �/ 39c.Oate Si d y )' � 3�� iv�.i� o'�u e�i0� CG� �j-p 1 i i 3� 2-o J� 40.RCgisYrar's�istritt Idumber 41.Registra�'s I 42.Reg trar File te(MO/Day/Yr) � . a�/- oZ /� � /-yt�°z� �O/3 43.Amendments � .. _ __. ._ 0 f � Q� i '3 '� c� � H705-143 Dispositlon Permit No. REV 07/2012 Will of Grace 1 . Hursh r � � �–_.-�� iF�J C Q i._..� � ('Ty � �z7 �7 c�� 5�.1 � J �_� c:� ir� �R � ..,_a t;„9 � 7:a f�' � � ��,� � .r:,_. (-;`� � �;} C.�3 ��'3 � X C° r3 C:� ,.� � ""27 -r� _,;7 d_7 �.r� _�j -� _•'S � C� _~'� �,',a „ ;,:7 t—� -- �..ri _�� –_�! �..r � Hursh&Hursh, P.C. :.� � v' -rz Counselors at Law 229 State Street Harrisburg, PA 17101 (717) 238-4546 wILL I, Grace I. Hursh, of Cumberland County, Pennsylvania, make this will, hereby revoking all my former wills and codicils. ARTICLE I § 1.1 I bequeath all my tangible personal property, exclusive of any such property used in a trade or business in accordance with the terms of a signed and dated memorandum I may prepare. If no such memorandum is located or received by the executor within 60 days after being appointed as such, after conducting a reasonable search for such memorandum,the executor shall be held harmless for distributing such property as hereinafter provided. § 1.2 I bequeath any such property not disposed of by such memorandum, or all of such property if no such memorandum is so located or received,to my son, Dennis George Hursh, if he survives me by 30 days. If my said son does not so survive me, I bequeath any such property not disposed of by such memorandum,or all of such property if no such memorandum is so located or received, to my grandson,John Dennis Hursh and my granddaughter, Lydia Grace Hursh, if they survive me by thirty days,to be divided among them as they agree,the executor representing minors in such division. In case of disagreement among my grandchildren, the executor is authorized to make the division, having due regard far the personal preferences of my grandchildren, but making such division in as nearly equal shares as the executor deems practicable. Any such property to which a minor would otherwise be entitled but which the executor thinks unsuitable for such minor shall be sold and the proceeds thereof shall pass to the trustees ofthe residuary trust set forth below at Section 2.2.2. § 1.4 I direct that the expenses of storing, packing, shipping, insuring and delivering any such property to the beneficiary entitled thereto shall be paid by the executor as an administrative expense of my estate. In addition, to the extent practicable in the executor's sole discretion, I bequeath any policies of insurance on such property to the beneficiary entitled to such property. ARTICLE II § 2.1 I devise and bequeath the rest and remainder of my estate to my son, Dennis G.Hursh,if he survives me by thirty days. § 2.2 I devise and bequeath all the rest and remainder of my estate, if my son does not survive me by thirty days, as follows: 1 § 2.2.1 One third(1/3) of the residue to a Special Supplemental Care Trust in accordance with the following provisions: (A) It is my intention by this trust to create a purely discretionary supplemental care fund for the benefit of my granddaughter,Rachel Llewellyn Hursh. It is not my intention to displace public or private financial assistance that may otherwise be available to her. The following enumerates the kinds of supplemental, non-support disbursements that are appropriate for my Trustees to make from this trust to or for my beneficiary. Such examples are not exclusive: medical, dental and diagnostic work and treatment for which there are no private or public funds otherwise available. Medical procedures that are desirable in my Trustees' discretion, even though they may not be necessary or life saving, may be appropriate care needs. Further, supplemental nursing care, and rehabilitative services are reasonably considered by my Trustees. Differentials in cost between housing and shelter for shared and private rooms in institutional settings may be paid by my Trustees in their discretion. Care appropriate for my beneficiary that assistance programs may not or do not otherwise provide are legitimately considered by my Trustees as well. Expenditures for travel,companionship, cultural experiences,and expenses in bringing my beneficiary's siblings and others for visita,tion with her are expenditures that may benefit my grandchild and may be considered by my Trustees. (B) I do not want this trust eroded by my beneficiary's creditors nor do I want her public or private assistance benefits to be made unavailable to her or terminated. This trust is not for my beneficiary's primary support. It is to supplement her care needs only. My beneficiary has no entitlement to the income ar corpus of this trust,except as my Trustees,in their complete,sole, absolute, and unfettered discretion, elect to disburse. In this regard, my Trustees may act unreasonably and arbitrarily,as I could do myself if living and in control of these funds. My Trustees' discretion in making non- support disbursements as provided for in this instrument is final as to all interested parties, including the state or any governmental agency or agencies, even if the Trustees elect to make no disbursements at all. The Trustees' sole and independent judgment, rather than any other parties' determination, is intended to be the criterion by which disbursements are 2 made. No court or any other person should substitute its or their judgment for the discretionary decision or decisions made by the Trustees. (C) Any income received by the Trustees not distributed to or for the benefit of the trust beneficiary shall be added annually to the trust's principal. (D) My Trustees shall consider all resource and income limitations that affect my beneficiary's right to public assistance programs. Distributions to or for the benefit of my beneficiary shall be limited so that she is not disqualified from receiving public benefits to which she is otherwise entitled. My beneficiary's probable and possible future supplemental care needs should be considered by my Trustees in connection with disbursements made by my Trustees from this trust. The interests of remainder beneficiaries are of only secondary importance. (E) My Trustees should resist any request for payments from this trust for services that any public or private agency has the obligation to provide my beneficiary. In this regard,my Trustees may not be familiar with the federal, state and local agencies that have been created to financially assist disabled persons. Ifthis is the case,my Trustees should seek assistance in identifying public and private programs that are or may be available to her so that my Trustees may better serve my grandchild. (F) No part of this trust, neither principal nor income, shall be subject to anticipation or assignment by my beneficiary nor shall it be subject to attachment by any public or private creditor of my beneficiary;nor may it be taken by any legal or equitable process by any voluntary or involuntary creditor,including those that have provided for my beneficiary's support and maintenance. Further, under no circumstance may my beneficiary compel distributions from this trust. (G) If the existence of this supplemental care trust adversely affects my beneficiary from receiving public or private support benefits, my Trustees may arbitrarily terminate this trust. If this occurs,the remainder interest will be accelerated,and the remainder beneficiaries shall receive the accrued and undistributed income and corpus then held by the Trustees. In the event of voluntary termination,as provided for in this paragraph,it would be my hope and expectation that the remainder beneficiaries will continue to provide for the nonsupport care needs of my grandchild. This request is an expression of my wishes. It is not binding on the remainder beneficiaries. Upon the 3 death of my granddaughter, Rachel Llewellyn Hursh, or upon the trust's earlier termination, the trust created for Rachel Llewellyn Hursh shall be distributed to the trustees ofthe trust created under Section 2.2.2 ofthis will. § 2.2.2 Two-thirds (2/3) of the residue to a Residuary Trust in accordance with the following provisions: (A) This trust is intended for the benefit of my grandson, John Dennis Hursh, and my granddaughter, Lydia Grace Hursh. The Trustees, in their discretion, may pay to or use for the benefit of John Dennis Hursh and Lydia Grace Hursh so much of the income and principal of the trust as the Trustees, from time to time, determine to be required for their reasonable support, maintenance, health and education, taking into consideration their income from all sources known to the Trustees, and may add any excess income to principal at the discretion of the Trustees. The Trustees may distribute income and principal to or use it for the benefit of either John Dennis Hursh or Lydia Grace Hursh, to the exclusion of the other, and may e�aust the principal. My concern is primarily for the support, maintenance,health and education of John Dennis Hursh and Lydia Grace Hursh, rather than for preservation of principal for distribution upon termination of the trust. (B) If John Dennis Hursh or Lydia Grace Hursh or their lineal descendants are alive when this trust ends, the Trustees shall divide the trust fund into as many separate shares as are required to provide one separate equal share for each then living beneficiary of this residuary trust and one separate equal share for the lineal descendants, collectively, of any beneficiary of this residuary trust who has already died. The Trustees will then pay the trust funds to the beneficiaries or their lineal descendants in such shares outright and free of trust. (C) If none of the beneficiaries of this residuary trust and none of their lineal descendants are alive when the trust ends, the Trustees will pay the trust funds in equal shares to their executors or administratars. (D) This trust shall terminate at the earlier of my youngest surviving grandchild attaining the age of thirty or the death of both John Dennis Hursh and Lydia Grace Hursh. 4 § 2.3 Upon distribution to the Trustees, the administration of my estate shall cease with respect to the assets passing to the Trustees, and the Trustees shall not be subject to the control ofthe court in which my will is probated. § 2.4 When the Trustees have the power under this instrument to use any income or principal for the benefit of any person,the Trustees may expend it for the benefit of that person,or pay it directly to that person or for his or her use to his or her guardian or other person or organization taking care of him or her, without responsibility for its expenditure, subject to the requirements of the Special Supplemental Care Trust created under Section 2.2.1. § 2.5 Except as otherwise may be provided in this will, if any beneficiary entitled to receive a mandatory distribution of property from my estate is under 21 years of age, the fiduciary then serving shall distribute such property to a custodian for such beneficiary,whether then serving or selected and appointed by such fiduciary(including such fiduciary),under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act, and such custodian's receipt therefor shall be a complete release of such fiduciary. ARTICLE III § 3.1 I appoint my son, Dennis G. Hursh, executor of this will. If Dennis G. Hursh is unable or unwilling to act or continue as executor, for any reason whatsoever, I appoint my daughter-in-law, Yvonne M.Hursh, successor executor. If Yvonne M.Hursh,is unable or unwilling to act or continue as executor, for any reason whatsoever, I appoint Steven and Anita Winkler, successor co-executors. § 3.2 I appoint my daughter-in-law, Yvonne M.Hursh,trustee of the trusts created under Article II,above. If Yvonne M.Hursh is unable or unwilling to act ar continue as trustee,for any reason whatsoever, I appoint Steven and Anita Winkler successor co-trustees. §3.3 If at the time of my death I am serving as a custodian of any Uniform Transfers to Minors Act or Uniform Gifts to Minors Act account and have the right to name my successor, I appoint my son, Dennis G. Hursh, as my successor. In the event Dennis G. Hursh is unable or unwilling to serve as custodian for any reason whatsoever, I appoint my daughter-in-law, Yvonne M. Hursh, as my successor. ARTICLE IV § 4.1 No fiduciary under this will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. § 4.2 Any such fiduciary shall have the following powers, in addition to those given by law: 5 § 4.2.1 To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments; § 4.2.2 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security; § 4.2.3 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; §4.2.4 To hold shares of stock or other securities in nominee registration form,including that of a clearing corporation or depository,or in book entry form or unregistered or in such other form as will pass by delivery; § 4.2.5 To engage in litigation and compromise, arbitrate or abandon claims; § 4.2.6 To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; § 4.2.7 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; § 4.2.8 To allocate, in the executor's sole and absolute discretion, any portion of my exemption under Section 2631(a) of the Internal Revenue Code to any property as to which I am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation prior to my death; and § 4.2.9 To disclaim any interest I may have in any estate if my executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof. ARTICLE V § 5.1 All estate taxes, inheritance taxes,transfer taxes and other taxes of a similar nature payable by reason of my death to any government or subdivision thereof upon or with respect to any property subject to any such tax, and any penalties thereon, shall be paid by the executor out of the principal of that portion of my estate disposed of by Section 2.2 of this will, and all interest with respect to any such taxes shall be paid by the executor out of the income or principal or partly out of the income and partly out of the principal of such portion of my estate, in the absolute discretion of the executor,without reimbursement from or apportionment 6 among the beneficiaries, recipients or owners of such property for any such taxes, penalties or interest; provided,however,the executor shall not pay any such taxes,penalties or interest attributable to any property included in my estate solely because of a power of appointment thereover which I possess but have not exercised or any qualified terminable interest property. §5.2 I direct my executor to pay all other legal obligations of my estate,including without limitation funeral expenses and costs of administration of my estate, as soon after my death as practicable. ARTICLE VI § 6.1 Any term used in the singular or plural,or in the masculine,feminine or neuter form,shall be singular or plural, or masculine, feminine or neuter as a proper reading of this will may require. § 62 As used in this will,the term"Internal Revenue Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent law. § 6.3 Every successor or additional fiduciary shall have all rights, powers, privileges and duties, whether discretionary or otherwise, herein given to the original fiduciary and shall be subject to the same reservations, limitations, terms and conditions. IN WITNESS WHEREOF I have hereunto set my hand and seal this�day of ��L.7�% �� 'L-- . 2001. ;� ./'-�r�-�I,L"C� �.1• ��'UL�LC=1/�%'��„� �SEAL) Grace I. Hursh Signed, sealed, published and declared by the above-named Grace L Hursh as and for her last will, in the presence of us and each of us, who, at her request and in her presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. ., , - r ;. ;- ;,- . / ._ . . _ �, f I.��4 a residmg at j�' �- /'��'• �j,•.'�r��cc�.�t'L�'�� V ,f,/� 1i , //�,� �(/ ^''�/� ��l,�3.Y.�l�.1J%l..t:-�LLL�, � 9�� l` /'�J�� .� � �. `� � +1 � � , f � �� ' U�� residing at �� '' �� i 4 � � ' i � � �.. 7 COMMONWEALTH OF PENNSYLVANIA : ,� � SS: COUNTY OF �!�.r� z'��.. �k�-�-:�� I, Grace I.Hursh,the testaxor,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. (�. q \Y! i: ( (�.�_t_ ,..�. '`Jlt�' '.'�'-°r Grace I. Hursh 1 g1 r � � t We, ��;,:{.;��'G�,.Z;�_ and �' �. Il � � �'Al� , the witnesses whose names are signed to the attached or foregoing instrument, bei duly qualified ac ording to law, do depose and say that we were present and saw the testator sign and execute the instrument as her Last Will;that the testator signed willingly and executed it as her 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 18 or more years of age,of sound mind and under no constraint or undue influence. � ��/�� _ ; ' , , ,� ;.7" f° �tl� ��- ��.._.: Witness �: �, : ^ ' �� aV� s�r�; itness Subscribed, sworn to or affirmed, and acknowledged before me by the above-named testator and by the witnesses whose names appear opposite, on �?��'f�,,r , �� , 2001. / / /// " �F/"� ! �'� �`.. ' . i, .�.� � ,%�_ _ �_ Notary Public Notarisl Seal Debta L.Swauger,Notary Public Lower Ailen Twp.,Cumberland County My Commission Expires March 16,2002 Member,Pennsyivania Associa4icxr ot Naiarins