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HomeMy WebLinkAbout01-27-05 PETITION FOR GRANT OF LETTERS Estate of Miles Curtis Armstron~, Jr. No c2l- ()S- -d:Jl..o 3 also known as , Deceased Social Security No. 177246963 Joan M. Armstron~ Petitioner(s), who is/are 18 years of age or older, apply)ies) for (COMPLETE "A" OR "B" BELOW:) GJ A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut rix Decedent. dated 2/19/1998 . and cOdicil(s) dated named in the Last Will of the State relevant circumstances, e.g., renunciation, death of executor, ete 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 klHing and was never adjudicated incapacitated: o 8. Grant of Letters of Administration (c,t.a., d,b,n,c.t.a.: pendente lite, durante absentia: durante minoritate) Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse (if any) and heirs: Name Relationship Residence "'-, ~;~,;:) <:...t.. :0 -,...., ;'-,- (:::> ;:'i~ :r:"" c) ,'-., ":n.:>;: C'~) '(j r: (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland residence at 621 Poplar Church Rd., Camp Hill, PA 17011 (list street, number and municipality) years of age, died February 18 ,2004. at Camp Hill, PA -=-::J'= ,n o (/)0 -;0 County, Pennsylvania. with his/her last famiry;,r principal Decedent. then 73 (Location) Decedent at death owned property with estimated values as follows: (\1 domiciled in PA All personal property. . (if not domiciled in PA Personal property in Pennsylvania. (if not domiciled in PA Personal property in County. Value of real estate in Pennsylvania. Total. Real Estate situated as follows: 621 Poplar Church Rd., Camp Hill. PA 17011 Wherefore, Petitioner(s) respectfully request(s) the probate of the Last Will and Codici\(s) presented with this Petition and the grant ollet1ers in the appropriate form to the undersigned: 476.860.00 $ $ $ $ $ 123.140.00 600,000.00 Typed or printed name and residence Joan M. Armstron 5225 Wilson Ave.. A t. 310. Mechanicsbur . PA 17055 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 estate according to law. Sworn to and affirmed and subscribed "",,' me>";, . .:2/$ d'", ~ 11] _ a ~ L::~,~~~~.+ '""P'"^ '1)' ~~ - k. DECREE OF REGISTER Estate of Miles Curtis ArmstrnnQ Deceased No..".)/- OS- - oot,.::, also known as ,-..) (; ~ L'~ '"n :=;~ <-:;:"; f~l~~ Social Security No: 177246963 Date of Death: 11/18/2004ij ~;;: " C) . <..... .~ :", ,:" .'~J AND NOW, ~ l . 4.. 2( .,,:).., , .:l ooS- , in consideratiorr~~H~ Pet~n ori}~~.~: reverse side hereon, satisfactory proof having been presented before me, () _ . ':,) , '. ~ .. ." , " ~ -. --""1 IT IS DECREED that letters ~ Testamentary 0 of Administration . ,~.:::::... i f~.~ ((c.t.a., d,b,n.c.L; pendente lite; durant~atr3entla; duracle mmoriate} . ':'f) 0 o -h -.I are hereby granted to Joan M. Armstron~ in the above estate and that the instrument(s), if any, dated February 19,1998 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES letters $ 4{p() . CD $_40.00 Short Certificates(s) . !.T.R $ $ 15. ()O $ $ $ ID. N.') $ $ ,"1. N..') \ J Signature Renunciation. u.s.\\ ~~ Pa~es ( ) . Inventory... Gtner~~t;..,Q0...k~ Attorney: John D. Gri~sby, Esq. I.D. No: 61212 Address: 101 S. Market S\. Mechanicsburg Telephone : 71 7-796-6537 DATE FilED: JCP Fee .... PA 17055 TOTAL ..... .$ 530. CJ:.,:) ." , " . , : ' , , " . 1Rcgistcr of Wills of ([umberlanlJ ([ount!' OATH OF NON-SUBSCRIBING WITNESS Estate of II.Lc 5 c, .4 ~ t'1 S Tltd,v ('7JI<, No. .21-()S - OD\.D ~ Also known as , Deceased l1;uliet.-c llob.6 16TGrL /J1i..J1/.:J1. /J (each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that Wr <I" c familiar with the signature of H.L i: J c..~ At<.I'/ }Ttt.o;vt7-jTJ:. testa~r. of (one of the subscribing wi1nesses to) the codicil/will presented herewith and that ~ believes the signature on the codicil/will is in the handwriting of /7, L' S" &. 11M 1T'Lliv?- J r, / to the best of c' u I'" lmowledge and belief. ~ ...:;:( --) Lr.> ","C> = <---I Sworn to or affirmed and subscribed Before me this .;; I sr day of ~~"".. ~ ,2005 Ll_ Oc: LU C) E= '-"' t:l~; C,:-I LY:': C~ c:; L1.....: cc 0"1 o "',,-- ;;:c f- c.:,':: l!:__~~~ i....);J 4zu/U.I/ {J~ (Name) /;35'0 ft?NCOA.h I<.)j (Address)f.(e.cI7.1jN;'CS bLlRJ .fJ4 li05{) ~-Grfi N L..L..--7 LU-L" 1<:;;' , c:y-r,. C-I 0:: ~ _ O'C U J=$ ;4-C~ (N e) /5 wI-, I'fe (Lie. 1]11/) (Address) /I1-tchaYJ/ct/;u/''f;R /7of7J \.~M'" ~1"..L~n"ha..~L For the Registe~ ~. eu.....d:- Thi... is to certifv that the information here given is correctly copied fn~m an original certificate of death duly filed with me as Local i{egiqrar~ The original certificate will be I"orwarded to the State Vital Records Olliee for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. No. ."(riiifilffiij""",, ,"'< ,\.,~ Of PE;>. ....~"~~-~'4'.'- l~ ~-:.-:. Nt7:: ~It~\ ,'iiI. .... \"'" !SIN'.: ,I~~,' >*~~. ........... ,i*, \a - -- //~/ ~~ /.,ss." -=. AlA /~'r' 1,1 -"--'I1A@f~\ ~ "", """",-,#"""JI111)/11 ~J1?1~?- Local Registrar Fcc for this certificate. $2.00 p 10688372 NOV 2 42004 Date ITEMiI /f 5HOUW READ AS FOLLOWS: /YJ /fIU-! e-P t2wrvM~ r;:).1-()S-a6~3 " S;o :\":.\~() ;"':::::1-- <;'fTl ::n ....... = = en '-- -..,,,, :2:.': :::0 fT.1 (.-) C) ::::u :,".J (rl (::J N Yo BIRTHPLACE {Cily IUld SlBteocFQl'ejgoCOUl\\()') /--.... C) ",.1 :?: COUNTY OF DEATH CWnber land CITY. BORO, T'M'OF DEATH East Pennsboro k. '" J:Iarrisburg,PA :;OlI.ntJD FACILITY NAME (If oot iosmulioo, give 'treel aod oumber) ;fL;)Y Sl""~' f ;lc\\P;ir, J ST"'E fllEMJMllfR C) ':"R ,-;;::;--; n-'l c::> --'n TH(Moolh.Day,Yeill) V<'li1 h Ii 1f;',.Jo," tn~143Rov,2J$7 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH KlNl ,.ENT .H' NAME OF DECEDENT (FIf$I. Middle. Last) t. Miles C. Armstron AGE (l.ar;tBinl1day) Mil1utlls Jr. DATE OF 81RTH (Mooth.Oay, YINI) iieP.29,1931 SOCIAL SECURITY ,/;I\lMBER ,./n - :.<C( - .. 73 Efl/OIJlp.IionIO 00,0 R.o>d..<. 0 ::~Iy) 0 RACE -Amencao lodlao. Black. \f\,t1ite, el tS~i te ". '". Ub.CtAAW1 O,d dac8deot cumber land l:~~?1 11d. 0 ~~hi~:I\,~~ 01 MOTHER'S NAME (First, M,ddla, Maiden Surname) ,,!<athryn Backenstoe \t:IWB/NINJ} "lfoII.lNG ADM,FSS (Sl~t. C1!(lTowo $laIlO. Zip Code) ~~L~ WilSOn Rd.,Apt.J10,Mechanicsbur PA17055 PlACE OF DISPOSITION- Name 01 Cemalery. Crematory LOCATION. Cily/Towo, Slele, Zip Code orOlherPlace ,,!lolling Green Cemetery NAME ANO ADDRESS Of FACILITY ""selman FH&CS 324 H LICENSE NUMBER MARlTAL STATlJS. Marnlld, Ne~~v~~~s~~ad. 1..~oan Miller 1$. 17C.1!f Yas,deced80111~IO lAJwer Allen SURVIVING SPOUSE (11...ta,gl..m.'..nnamol DECEDENt'S USUAL OCCUPATION [.l~:~l.~...:":~':;'l manager 111. DECE NT'S lUNG ADDRESS (Street KINO OF BUSINESS 1 INDUSTRY AS DECEDENT EVER IN US !\'l!iED FORCES? ves)!]'NoD n. 111. Slate f'{ilkr bank l1b. ilyfTowo.Stala,ZipCodal DECEDENT'S ACTUAL RESIDENCE (se.tioluuctlOOs OOotl\8l:$i<M.) ~, 7225 Wilson Rd. ,j':leChanicsburg, PA 17055 Miles C. cltylboro LICENSE NUMBER ,,ro-013163-L 'IWp, ,PA17011 1 DATE j NEO (Moolh, Day, Year) OllET (RASAC sa NCOF) 23b. 23c. WAS CASE REFI:RREO TO A MEDICAl EXAMINER iCORONE~? _/ 26. ve,D No EJ 'Appro~imete PAilTII: Othersi9f1"tlcantcond,t,oosconllibut,"Ilto deelh, but : iot&l'Oal beiw ooI'a8u1\lfI9mlht1unde~Y"'llcauselvenloPART I : onsel and death 2. 27. PART I: ~"l.._d........lnjuflo....c""'fl&olion.""'i<hc.u.."lh.d..lh, liOl....ly_..............).... Sequeobahy ~II cordllioos d""y.leadingloi~ale C&>$e Eoter UNDERLYING CA\lSE(Disease 01 ,tiury lha1irubaledeveOls resultlffllOl1<:1ealh) LAST "WERE AUTOPSY FINDINGS AVAILABLE PRIOR TO COMPLETiON OF CAU~ Of DEATH? I: 10000A CON O~NCE ) DlIET (OR AS ACONsmUENCE OFl YesD NO~ YeaD 2h. 28b. CERTIFIER (Ct\edo: anlyane) .~~~~F~~IG J~\'f~~l.~:~ ~g~~ce,.:~~:~~=~~ J:~l~~~~h~~~~~.d,~.~~~.~.~..~.~.~~~.d .'~~.n: ,~~.\". MANNER OF DEATH ~ o DATE OF INJURY (Monlh,o.f,VO") TIMEOFINJURV INJURV AT WORK? DESCRIBE HOWINJURV OCCURRED Natural H0I1UClde Pend<ogloveslllldt,On o o o :~CE OF INJURY _ng,olc.(Spo<if\rJ ..,. veaD NoD )lIt>, M 30~. Al home. te/m, Slreel. tactor'j. office ACClOeot gJ '" SIGNATURE AND TITLE OF CERTlFI 31b. '>-'/ "'....-::~ LICENSE NUMBER DATE Slqf'lED (Manth, Dey, YUilr) ~1l:. jJnJt/kJt.:.F(; 3f1t. .k~.~.'..;jIL..,&,*"' NAME AND ADDRESS OF PE/l:SON VlHO COMPLETED CAUSE OF DEATH (lI11m 27) Type or Priol /r!rt"" ..__",;..0:.. .j- t. "., ,r ~.~ ,."'l1 o ;)1-" ",.,iI'.<_.;>t! JJv~ 32. ff. /'J.. ,{ DAlE FilED Monm,Day, Ytll) HOD Suicide Coulllnolbedetermi""d n. 'PRONOUNCINQ AND CERTIFYING PHYSICIAN (PhY~C1an boln pmllOlXlc:iog death eoo cert,tylllll to cause 01 dellll\) To UN' be.t 0' mw knowlldg', _Ih occurr.d,t Ihellma. d.te, .nd pl.u, 'lId du.lo th. c.uu.(a\.lId ml.l1l\e.r.. atlte.d. o 'MEDICAL EXAMlNERlCORONER On the bul. 0' ",.",In.llon .nd/OJ ln~elllg.lloo. In mw opinion. "..Ih occurred.t lhe lime. date, .nd pl.ce. .nd due to the c,uUI(aj.nd m.nn.rullllled.. 31.. REGISTRAR'S SIGNATURE AND NUMBER I.' { Jl,.d %'t--i<!.r:LJ.!t-.--:'" ." I~ 11')-/ ,II " ~3 ;<(70 f LAST WILL AND TESTAMENTOF MILES C. ARMSTRONG, JR. ZI-OS-OOlo ~ I, xil.. C. Armstrong, Jr., of Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding and considering the uncertainty of life, do therefore make, publish and declare this to be my Last will and Testament, hereby revoking and making null and void any and all wills and Testaments or writings in the nature thereof by me at any time heretofore made. ARTICLE ONE ......, I direct the payment out of my estate of the e~~ses ~ mYn --,---,JJ <_ ,.-,"\ last illness if any, my funeral expenses, and my just,~s,~;,~ the:: : "~' ::..: ~~-8 "-) -- same to be paid out of my estate by my Executor hereina~ter n~ed~} . ;:::-3~7; J"":p as soon as conveniently may be after my demise.- ARTICLE TWO C) \.0 ~~l~ I give and bequeath all of my household goods, furnishings, furniture, personal effects and like tangible personal property (not including motor vehicles, cash or securities) which I own at the time of my death, together with any insurance thereon then existing, unto my spouse, if my spouse survives me by thirty (30) days. If my spouse predeceases me or does not survive me by thirty (30) days, then I give and bequeath the same, together with any insurance thereon then existing, in as nearly equal shares as is possible, unto the following children of mine, namely, Ann Michele Dobb, Michael C. Armstrong and Matthew L. Armstrong, if they 1 (I"~f"J~ survive me, and if any of them do not survive me, then the share of this specific bequest which such deceased child would have received, if living, shall pass to such deceased child's issue who survive me, per stirpes; and if such deceased child shall leave no issue who survive me, then the share of this specific bequest which such deceased child would have received, if living, shall be distributed unto those of my aforenamed children, or their issue, who survive me, per stirpes. If all of my aforenamed children do not survive me and leave no issue who survive me, then this specific bequest shall lapse and pass as part of the remainder of my estate. In the event this specific bequest is distributed to my aforenamed children or their issue, such distribution shall be achieved by selection, in turn, with each beneficiary selecting an item of said tangible personal property in rotation, beginning with the eldest. Any such tangible personal property not so selected shall pass as part of the remainder of my estate. If any beneficiary of this specific bequest shall not have attained the age of eighteen years at the time of distribution hereof, then the guardian of such minor beneficiary shall assist such minor beneficiary in the selection hereunder, and shall hold and maintain the same for the use and benefit of such minor beneficiary until such minor beneficiary attains the age of eighteen years at which time the guardian shall thereupon promptly deliver the same to such beneficiary. ARTICLE THREE If my spouse survives me by thirty (30) days, and if the 2 ~\'- ~.c, ~ federal estate tax due because of my death will be reduced by making this gift to my spouse, I give, devise and bequeath unto my spouse 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 the lowest possible figure after full use of all other deductions and credits allowable in calculating the federal estate tax, including the unified credit and the state death tax credit; provided that the state death tax credit shall not be taken into account to the extent that it would increase state death taxes. Accordingly, I direct that: A. If the marital deduction, or any similar benefit, is allowable with respect to any property, including property held by the entireties, which my spouse receives prior to my death or at my death will receive otherwise than pursuant to this Article, the value of such property shall be taken into consideration in calculating the size of the gift under this Article. B. No property ineligible for the marital deduction or any similar benefit shall be distributed to this gift for my spouse pursuant to this Article. c. Either cash or investments or both may be allocated to the gift under this Article. D. Any property allocated under this Article 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 3 .'j~ 'l\~ 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. B. If any provision of this my Last Will and Testament shall result in depriving my estate of the marital deduction for federal estate tax purposes for this gift to my spouse under this Article, such provision is hereby revoked and my will shall be read as if any portion hereof inconsistent with allowance of the marital deduction for federal estate tax purposes for this gift under this Article is null and void. ARTICLE FOUR If my spouse survives me by thirty (30) days, I give, devise and bequeath all of the rest, residue and remainder of my estate and property, real, personal or mixed, of whatsoever nature and character and wheresoever situate, of which I may die seized or possessed, or to which I am in any way entitled at the time of my death, or over which I have any power of testamentary disposition, in trust, unto my daughter, Ann Michele Dobb, as Trustee, to hold, administer and distribute for the following uses and purposes: A. For the duration of the life of my spouse, the Trustee shall pay to or apply for the benefit of my spouse such part or all of the net income from this Trust in convenient installments as the Trustee, in the sole discretion of the Trustee, shall determine primarily for the medical care, comfortable maintenance, support and welfare of my spouse, taking into consideration to the extent 4 .:-1- tlt'l1 the Trustee deems advisable, any other income or resources of my spouse known to the Trustee. The income may also be used to pay for all expenses regarding any real estate held as Trust property. Any income not so paid or applied shall be accumulated and added to principal. B. For the duration of the life of my spouse, if the Trustee considers the income to be insufficient to provide for the welfare and support of my spouse as aforesaid, the Trustee is authorized, in the sole discretion of the Trustee, to use so much of the principal as the Trustee deems advisable for the medical care, comfortable maintenance, support and welfare of my spouse, and for expenses regarding any real estate held as Trust property. c. Upon the death of my spouse, the entire remaining principal and undistributed income of this Trust shall be distributed as follows: 1. One-fourth (1/4) thereof shall be distributed, in trust, unto the Trustee of that certain irrevocable inter vivos trust established by my spouse and myself pursuant to the Irrevocable Inter vivos Trust Agreement dated April 18, 1991, naming my children, Ann Michele Dobb, Michael C. Armstrong and Matthew L. Armstrong, as Trustee, with regard to my child, Sybil L. Armstrong, as part of that Trust for the uses and purposes and under the terms and conditions as therein set forth, so long as such Trust is in existence at the time of such distribution. In the event such Trust is not in existence at the time of such distribution but if my child 5 ~A~ Sybil L. Armstrong is living at the time of such distribution, then the Trustee shall distribute this one-fourth portion, in equal shares, unto those of the following children of mine, namely, Ann Michele Dobb, Michael C. Armstrong and Matthew L. Armstrong, who are living at the time of such distribution. In the event such Trust is not in existence at the time of such distribution and if my child Sybil L. Armstrong is not living at that time, then the Trustee shall distribute this one-fourth portion, in equal shares, unto the following children of mine, namely, Ann Michele Dobb, Michael C. Armstrong and Matthew L. Armstrong, if they are living at the time of such distribution, and if any of them are not then living, then the Trustee shall distribute the share which such deceased child would have received hereunder, if living, unto such deceased child's issue who are living at the time of such distribution, per stirpes, and if such deceased child leaves no issue living at the time of such distribution, then the share which such deceased child would have received hereunder, if living, shall be distributed to the said children of mine, namely, Ann Michele Dobb, Michael C. Armstrong and Matthew L. Armstrong, or their issue, who are living at the time of such distribution, per stirpes. 2. Three-fourths (3/4) thereof shall be distributed, in equal shares, unto the following children of mine, namely, Ann Michele Dobb, Michael C. Armstrong and Matthew L. Armstrong, if they are living at the time of such distribution, and if 6 ~ ~~ any of them are not then living, then the Trustee shall distribute the share which such deceased child would have received hereunder, if living, unto such deceased child's issue who are living at the time of such distribution, per stirpes, and if such deceased child leaves no issue living at the time of such distribution, then the share which such deceased child would have received hereunder, if living, shall be distributed to the said children of mine, namely, Ann Michele Dobb, Michael C. Armstrong and Matthew L. Armstrong, or their issue, who are living at the time of such distribution, per stirpes. ARTICLE FIVE In the event my spouse predeceases me or does not survive me by thirty (30) days, I give, devise and bequeath all of the rest, residue and remainder of my estate as follows: A. One-fourth (1/4) thereof, in trust, unto the Trustee of that certain irrevocable inter vivos trust established by my spouse and myself pursuant to the Irrevocable Inter vivos Trust Agreement dated April 18, 1991, naming my children, Ann Michele Dobb, Michael C. Armstrong and Matthew L. Armstrong, as Trustee, with regard to my child, Sybil L. Armstrong, as part of that Trust for the uses and purposes and under the terms and conditions as therein set forth, so long as such Trust is in existence at the time of my death. In the event such Trust is not in existence at the time of my death but if my child Sybil L. Armstrong survives me, then I give, devise and bequeath this one-fourth portion of the 7 .!\~ v"P remainder of my estate, in equal shares, unto those of the fOllowing children of mine, namely, Ann Michele Dobb, Michael C. Armstrong and Matthew L. Armstrong, who survive me. In the event such Trust is not in existence at the time of my death and if my child Sybil L. Armstrong does not survive me, then I give, devise and bequeath this one-fourth portion of the remainder of my estate, in equal shares, unto the following children of mine, namely, Ann Michele Dobb, Michael C. Armstrong and Matthew L. Armstrong, if they survive me, and if any of them do not survive me, then I give, devise and bequeath the share which such deceased child would have received hereunder, if living, unto such deceased child's issue who survive me, per stirpes, and if such deceased child leaves no issue who survive me, then I give, devise and bequeath the share which such deceased child would have received hereunder, if living, to the said children of mine, namely, Ann Michele Dobb, Michael C. Armstrong and Matthew L. Armstrong, or their issue, who survive me, per stirpes. B. Three-fourths (3/4) thereof, in equal shares, unto the following children of mine, namely, Ann Michele Dobb, Michael C. Armstrong and Matthew L. Armstrong, if they survive me, and if any of them do not survive me, then I give, devise and bequeath the share which such deceased child would have received hereunder, if living, unto such deceased child's issue who survive me, per stirpes, and if such deceased child leaves no issue who survive me, then I give, devise and bequeath the share which such deceased child would have received hereunder, if li ving, to the said 8 ~n. t\CIV children of mine, namely, Ann Michele Dobb, Michael C. Armstrong and Matthew L. Armstrong, or their issue, who survive me, per stirpes. ARTICLE SIX A. If distribution is to be made to a natural person as a beneficiary of all or a portion of the remainder of my estate under this my Last will and Testament, but such beneficiary has not attained the age of twenty-five (25) years at the time of distribution to such beneficiary, then I give, devise and bequeath the share of such beneficiary to my daughter, Ann Michele Dobb, as Trustee, IN SEPARATE TRUST, NEVERTHELESS, to hold, manage, invest and reinvest the share so received and the accumulation of income thereon, and to use and apply the income and principal or so much thereof as in the Trustee's discretion may be necessary or appropriate for such beneficiary's maintenance, support, and education (including any formal education or training beyond high school), without regard to any other means for maintenance, support or education, or to make payment for these purposes without further responsibility to such beneficiary or to such beneficiary's guardian or to any person taking care of such beneficiary. When each beneficiary attains the age as set forth above, such beneficiary's Trust shall terminate and the principal and accrued income thereof shall be distributed to such beneficiary absolutely. If a beneficiary for whom a Trust is created hereunder dies before attaining the age set forth above, such beneficiary's Trust shall terminate, and the principal and accrued income thereof shall be 9 ~ ~ distributed to the issue of such deceased beneficiary living at the time of such distribution, per stirpes; and if such deceased beneficiary shall leave no issue living at the time of such distribution, then the Trustee of such Trust shall distribute the principal and accrued income thereof, in equal shares, unto the following children of mine, namely, Ann Michele Dobb, Michael C. Armstrong and Matthew L. Armstrong, if they are living at the time of such distribution, and if any of them are not then living, then the Trustee shall distribute the share which such deceased child would have received hereunder, if living, unto such deceased child's issue who are living at the time of such distribution, per stirpes, and if such deceased child leaves no issue living at the time of such distribution, then the share which such deceased child would have received hereunder, if living, shall be distributed to the said children of mine, namely, Ann Michele Dobb, Michael C. Armstrong and Matthew L. Armstrong, or their issue, who are living at the time of such distribution, per stirpes. B. Should the principal of any Trust established pursuant to this Article six be or become too small in the Trustee's discretion so as to make establishment or continuance of the Trust 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 income. If any such person is then a minor, distribution may be made to the guardian of such minor. Upon such termination, the rights of all 10 ~~ persons who might otherwise have an interest as succeeding income beneficiary or in remainder shall cease. ARTICLE SEVEN In the event Ann Michele Dobb predeceases me or is or becomes unwilling or unable to serve as Trustee of any Trust created under this my Last Will and Testament, I hereby nominate, constitute and appoint my son, Matthew L. Armstrong, as and to be the successor Trustee of any such Trust, whereupon such successor Trustee shall administer such Trust and shall have the duties and powers of Trustee provided by law and as herein set forth. ARTICLE EIGHT No interest of any beneficiary under this will or any codicil hereto or any Trust created hereunder shall be subject to anticipation or voluntary or involuntary alienation. ARTICLE NINE The Trustee of any Trust created under this my Last will and Testament shall be entitled to receive commissions or compensation for services hereunder, which commissions or compensation shall be charged against or payable from both principal and income received on an annual basis at reasonable and customary rates. ARTICLE TEN I nominate, constitute and appoint my wife, Joan M. Armstrong, to be the Executor of this my Last will and Testament. In the event my said wife should predecease me, or is unwilling or unable to serve as Executor for any reason, I nominate, constitute and 11 ~ ~ctr appoint my daughter, Ann Michele Dobb, as Executor. ARTICLE ELEVEN All federal, state and other estate, inheritance and death taxes payable because of my death, with respect to the property passing under this Will, including any interest or penalty which may be imposed thereon, shall be considered a part of the expense of the administration of my Estate and shall be paid out of the residue of my Estate before distribution of the residue is made, so that all residuary beneficiaries, whether charitable or otherwise, shall proportionately share in the payment of the same. ARTICLE TWELVE I direct and request that any fiduciary under this my Last will and Testament, shall not be required to enter bond or security of any nature whatsoever in any jurisdiction in which such fiduciary may act. IN WITNESS WHEREOF, I have hereunto set my name and affixed my seal to this my (12) pages this Last will and Testament which ;q-ti. day of f" consists of twelve (SEAL) S. S. # J71-W b 'fla SIGNED, sealed, published and declared by the above-named Testator as and for the said Testator's Last will and Testament in the presence of us who have hereunto subscribed our names t the Testator's request as witnesses thereto, in the pr~n of the said T.stator and of each other. ~. {~~ . ~'-' Ai. /Y7c1uJ..., 12 ^~'i-. "c,'t4'