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PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND 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 respectfully request(s)the grant of Letters in the appropriate form:
Decedent's Information n �l
Name: Jerrv T. Simpson File No: oG� '17 � ��
alk/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: O1/09/2014 Age at death: 82
Decedent was domiciled at death in Cumberland County, pennsylvania (Srare) with his/her last
principal residence at 137 East Lisburn Road,Mechanicsbur� 17055 Upper Allen Township Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 137 East Lisburn Road Mechanicsbure 17055 Upper Allen Townshin Cumberland PA
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania......................... ... All personal property $ 3,200,000.00
If not domiciled in Pennsylvania. ...... .......... ....... Personal property in Pennsylvania $
If not domiciled in Pennsylvania. ................ ..... .. Personal property in County $
Value of real estate in Pennsylvania................ ...... .............. ..................... $
TOTAL ESTIMATED VALUE. ... $ 3.200.000.00
Real estate in Pennsylvania situated at:
(Attach additional sheets,if necessary.) Street address,Post Offce and Zip Code City,Township or Borough County
� A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated February 21,2013 and Codicil(s)
thereto dated N/A
State relevant circumstances(e.g.renunciation,death of executor,etc.)
Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. § 3323(g),and did not have a child born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
�NO EXCEPTIONS �EXCEPTIONS
� B. Petition for Grant of Letters of Administration (If applicable)
c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate
If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs.
_ �
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds forQ�vorce had beeu�stab��s defined
in 23 Pa.C.S. §3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated per�n.CJ � � �
�NO EXCEPTIONS �EXCEPTIONS � � � � ~
_t.� � � .x3
�i"{ .�.- E'� ' �,�r ,',�-
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the f�o�g�ouse„(�i any)�d�etrs(attach
additional sheets,if necessary): 3� � � � F„�
_ - � —�•�
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Name Relationshi A,d �s�
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Form RW-02 rev.10/11/2011 Page 1 Of 2
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Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland }
Petitioner(s)Printed Name Petitioner(s)Printed Address
Hila M. Sim son 137 East Lisburn Road Mechanicsbur PA 17055
The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief
of Petitioner(s)and that,as Personal Representative(s)of the Decedent,the Petitioner(s)will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed before , � C�%%�t�� Date J 2 ,�
me th's 2 7*day f , 20(� Date
$y, Date
For the Register Date
BOND Required: Q YES Q NO To the Register of Wills:
FEES' Please enter my appearance by my signature below:
�t�s . . . . . . . . . . . . . . . . . . . . . . $ I •' Attorney Signature:
( ) Short Certificate(s). . . . . . ���'
( )Renunciation(s).. . . . . . . .
( )Codicil(s). . . . . . . . . . . . . \
( )Affidavit(s).. . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: lyse E.Rogers,Esq
Commission. . . . . . . . . . . . . . . . . . Supreme Court
Other . . . . . . . . ID Number: 41274
. . . . . . . Firm Name: Saidis,Sullivan&Rogers
. . . . . . . . •, Address: F35 Nnrth 1 h 4 r t�e 400 '�- %'�
.._, .....
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3'. � .�_'�— '� C'�
. . . . . . . __ �(f'] 7
. . . . . . . � � � d� �� {+-�A
. . . . . . . . Phone: 717-612-5801 �7 1,. r-' N ��-�� n's
Automation Fee. . . . . . . . . . . . . . . . Fax: 717-612-5805 A- ` � � �
JCS Fee. . . . . . . . . . . . . . . . . . . . . 2 •5 Email: �L4g�LSl�ssr-att�rne��_cc��_"T��➢ e 3
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TOTAL. . . . . . . . . . . . . . . . . . . . . $ . C.� _.r-, � .,.- __
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DECREE OF THE REGISTER � �'{ � i� °
Estate of Jerrv T. Simnson File No: o�� —�� —��
a/k/a:
i � ��n
AND NOW, 7 �,., Q� (,{ � , bcf� , in consideration of the foregoing Petition,
satisfactory proof having been presented before �e, IT IS DECREED that Letters Testamentary
are hereby granted to Hilarv M. Simpson
in the above estate ar�d(if appiicable)that
the instrument(s)dated Februarv 21,2013
described in the Petition be admitted to probate and filed of rec rd�s the last Will(and Codicil(s))af Decedent.
Register of Will�_�p�j /'n,,
O � 4L
Form RW-01 rev.10/11/2011 Page 2 0
. � ' ' r i
�CW�ey lt� �\����� CW��� ��!� lI.�CL,Il.111111��1.11.14.�
OF
JERRY T. SIMPSON _ �
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� � � .,_ �.
I, JERRY T. SIMPSON, of Upper Allen Tow�p,c�u�erl�a��County,
Pennsylvania, declare this to be my last V�'ill and T�t�-��nt,-iqere���`i�evoking
all wills and codicils at any time heretofore made b�.'� � � ��
,-; �a _.1 °- c7
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SECTION FIRST �.�, � �, t,r, �
Bequest of Tangible Personal Propertv - �
Cash Gifts to Individuals and Charities
A. I give and bequeath all of the items of tangible personal property
that are designated in the most recently dated separate writing in existence at
my death, which is signed by me and describes the items given with
reasonable certainty, to the persons specified in that writing. It is to be
conclusively presumed that I have left no separate writing if one has not been
found by or delivered to my Executor within sixty (60) days after my death. I
give and bequeath all my remaining tangible personal property not disposed
of by the separate writing (whether by omission or because I have left no valid
separate writing), including all my personal and household effects, jewelry
and automobiles, to my wife, HILARY M. SIMPSON, if she survives me for a
period of thirty (30) days.
If my said wife does not so survive me, I give and bequeath such
Law Offices of
Sa,idis property to such of my children who so survive me as they shall select in
Sullivan rotation, the order of which shall be determined by lot. After each selection
& Rogers round, the order of selection shall be reversed; the child having first choice
�3s NoCth IZth stree� shall have last choice and so forth. My Executor shall add the value as finally
su�te 40o determined for federal or state death tax purposes in my estate of all items
Lemoyne,PA 17043
selected by each child, and distribute a sum in cash to each child who has
selected items with a total value less than the child who has selected items
Page 1 r �
, � � � / /
with the greatest total value, equal to the amount by which the total value of
the items selected by such child is less than the total value of the items
selected by the child who has selected items with the greatest total value.
On the completion of the selection process, any items not selected shall
be sold and my Executor shall distribute the proceeds of sale equally among
my children who have so survived me.
Any cost of packing and shipping shall be paid by my Executor as a
general administration expense.
B. If any beneficiary in the opinion of my Executor is under a
disability as defined in Section FOURTH hereof, my Executor shall represent
such beneficiary in any division of such property among the beneficiaries
entitled thereto. Any or all of the items distributable to any such beneficiary
may, in the discretion of my Executor, be delivered to the beneficiary, to the
parent or guardian of the beneficiary or to the person having custody of or
caring for the beneficiary (and a receipt signed by such person shall fully
discharge my Executor); or may be sold and the proceeds retained for such
beneficiary's benefit under the provisions of Section FOURTH hereof; or may
be retained, during disability, any expenses for storage, insurance and
safekeeping to be paid from the income of any trust from which such
beneficiary is eligible to receive income under Section THIRD or FOURTH
hereof.
SECTION SECOND
Marital Trust
Law Offices of If my wife, HILARY M. SIMPSON, survives me for a period of thirty
Saidis (30) days, I give, devise and bequeath to my Trustee hereinafter named, the
Sullivan minimum fractional share, if any, of my residuary estate, before any
& Rogers inheritance, estate, transfer, succession and death taxes, which will reduce to
635 North 12�h Screet
Suite 400 the lowest possible amount the Federal Estate Tax payable by reason of my
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death. For purposes of determining such fractional share it shall be assumed,
regardless of what in fact occurs, that my Executor will elect to qualify the
entire share held pursuant to this Section as "qualified termina le i�re t
�.
Page 2
. � ' � � .
property'� under Section 2056 (b) (7) of the Internal Revenue Code of 1986, as
amended, (hereinafter "the Code"). In determining such fractional share, all
assets involved in the calculation shall be valued at final Federal Estate Tax
values. Moreover, the credit for state death taxes shall be taken into account
only to the extent that state death taxes are not increased thereby. I direct
that any provisions of this Will which may appear to conflict with or in any
way defeat my intention to obtain the marital deduction for the full amount of
the "qualified terminable interest property" elected under this Section shall be
so construed or applied as to accomplish that intention. Only assets which
would qualify for the marital deduction if an election is made as aforesaid
shall be included in this trust, herein designated as the "Marital Trust", which
shall be held in a separate trust for the following purposes:
A The net income shall be paid to my wife during her lifetime in
convenient, at least annual installments.
B. In addition, if Trustee in Trustee's discretion considers it
advisable, Trustee may from time to time make payments from principal in
such amounts as Trustee may deem appropriate for the health, support,
maintenance and education of my wife.
C. Upon my wife's death, Trustee shall pay the remaining principal
to or in trust for such one or more of my issue, or to such charitable
organizations described in 5ection 2055 of the Code, in the amounts or
proportions as my wife may appoint by Will containing specific reference to
this power of appointment, provided, however, that my wife may in like
manner appoint any or all of the net income to one or more of the spouses of
my descendants for life or for any shorter period.
Law Offices of
Sa,idis D. Any portion of the principal of the Marital Trust which my wife
Sullivan shall not have effectually appointed shall be added to and become part of the
& Rogers principal of the Residuary Trust under Section THIRD hereof and shall be
635 Norch 12ch Screec
Suite400 administered and distributed as a part thereof.
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l
Page 3
. • ' � � .
E. Notwithstanding the piovisions of the immediately preceding two
Subsections, to the extent my wife does not provide otherwise by Will
containing specific reference to this Marital Trust, Trustee shall first deduct
and pay to the appropriate taxing authorities (or to my wife's personal
representatives for transmission to the appropriate taxing authorities, in the
discretion of Trustee) the difference between the inheritance, estate, transfer,
succession or death taxes, as the case may be, of any kind whatsoever, other
than any generation skipping taxes, (including any interest and penalties
thereon) payable by reason of my wife's death and the amount of any such
taxes which would have been payable if no such taxes were payable by reason
of her death with respect to the principal of the Marital Trust. Such
payments may be made by Trustee upon receiving from my wife's personal
representatives a certification as to the sums needed for such purpose, in
which event Trustee shall be entitled to rely on such certification.
F. I intend that the income interest of my wife in the Marital Trust
shall be "a qualifying income interest for life" within the meaning of Section
2056 (b) (7) of the Code, and I authorize my Executor in Executor's discretion
to elect to qualify a portion or all of the principal of the Marital Trust as
"qualified terminable interest property", so that the portion so elected shall
qualify for the marital deduction. If my Executor should elect to qualify less
than all of the principal of the Marital Trust, my Executor or Trustee in their
discretion may at any time divide the Marital Trust into two separate trusts,
an Elected Marital Trust and a Nonelected Marital Trust, to reflect such
partial election, such division to be according to the fair market value of the
assets of the Marital Trust at the time of the division. Each separate trust
shall be administered and distributed in accordance with the provisions of this
Section and all references in this Will to the Marital Trust shall be deemed to
La`'`'offi°es°f refer to each of such trusts.
Sa.idis
Sullivan G. If my wife makes a qualified disclaimer, as defined in Section
& Rogers 2518 of the Code, of her entire interest in all or any portion of the Marital
635 Nocth 12th Street
Suite 400 Trust, the portion so disclaimed shall be held in a separate trust (the
Lemoyne,PA 17043
"Disclaimer Trust") for the same purposes and in accordance with the same
provisions applicable to the Residuary Trust under Section THIRD hereof,
Page 4
�• �
. ' • � .
except that the special power of appointment granted to mS% wife in Section
THIRD shall not apply to the Disclaimer Trust.
H. My wife shall have the right to withdraw all or a fractional share
of the assets which would pass pursuant to this Section SECOND. However,
my wife shall provide to the Executor and Trustee written notice of her
intention to exercise this right of withdrawal (and, if exercised in part, the
fractional share over which she intends to exercise this right of withdrawal)
within nine (9) months of the date of my death. The Trustee shall promptly
distribute to my wife the fractional share of this Trust, if any, which she has
determined to withdraw.
SECTION THIRD
Residuary Trust
I give, devise and bequeath the balance of my residuary estate to my
Trustee hereinafter named, to hold in a separate trust as follows (this trust
being hereinafter designated as the "Residuary Trust"):
A. If my wife, HILARY M. SIMPSON, survives me, during her
lifetime:
l. The Trustee shall distribute the net income in convenient,
at least annual installments to my wife, HILARY M. SIMPSON.
2. In addition, if Trustee in Trustee's discretion considers it
advisable, Trustee may from time to time make payments from principal in
such amounts as Trustee may deem appropriate for the health, support,
Law Offices of maintenance and education of my wife.
Sa.1C�1S
Sullivan 3. Upon my wife's death, the remaining principal shall be
& Rogers � �
�3s NoC�h izth s�reet paid to or in trust for such one or more of my issue, in amounts or proportions
Suite 400 as my wife may appoint by Will containing specific reference to this power of
Lemoyne,PA 17043
appointment; provided, however, that my wife may in like manner appoint
any or all of the net income to one or more of the spouses of my descendants
for life or for any shorter period.
Pa e 5 �
g
B. To the extent not otheiwise effectually appointed as aforesaid,
upon the death of the survivor of my wife and me, the remaining principal
shall be divided into shares representing my then living issue, per stirpes. It
is my intention to treat each of my children, per stirpes, equally, taking into
account assets passing under this Will and the Will of my wife, HILARY M.
SIMPSON, as well as the principal amount and accrued interest of each loan
to a child (or a child and his/her spouse) which my wife, HILARY M.
SIMPSON, forgave in December 2012. In 2012, she forgave the following
amounts:
Hugh J.T. Simpson $538,324.21
Juliet H. Simpson Wilkin and
Paul Wilkin $199,170.68
Blair E.T. Simpson $379,006.95
In determining the per stirpital shares, the Trustee shall add these amounts
to the balance for distribution, then divide into shares, charging against the
share for each child (or, if he or she is deceased, the share for his or her issue)
the amount of the loan forgiven. I do not wish to take into account any other
loans, business investments or payments made pursuant to the guarantee of
any debt of a child prior to the date of this Will. Each such share representing
a then living descendant of mine shall be held in a separate trust, to be
administered and distributed as follows:
l. The net income shall in the discretion of Trustee either be
accumulated, in whole or in part, and added to principal at the end of the
annual accounting period or paid in such amounts as Trustee may deem
appropriate for the health, support, maintenance and education of that
Law Offices of
descendant.
Sa.idis
Sullivan 2. In addition, if Trustee in Trustee's discretion considei s it
& Rogers
�3s Norih�z�h s�reet advisable, Trustee may from time to tim�e make payments from principal in
Sui�e 400 such amounts as Trustee may deem appropriate for the health, support,
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maintenance and education of that descendant.
Page 6 �
3. Upon the descendant's death, the remaining principal of
his or her trust shall be paid as follows:
(a) To or in trust for such one or more of my issue (other
than such descendant), or to one or more charitable organizations described in
Section 2055 of the Code, in the amounts or proportions as the descendant
may appoint by Will containing specific reference to this power of
appointment; provided, however, that a descendant of mine may in like
manner appoint any or all of the net, income to his or her spouse for life or for
any shorter period; or, to the extent that this power is not effectually
exercised,
(b) To such descendant's then living issue, per stirpes;
or, in default of such issue,
(c) To the then living issue, per stirpes, of such
descendant's nearest ancestor who was a descendant of mine and who is
survived by then living issue; or, in default thereof,
(d) To my then living issue, per stirpes.
Notwithstanding the foregoing, any principal accruing under (b),
(c) or (d) to a descendant of mine shall be held in a separate trust for such
descendant or added to an existing trust for such descendant, as the case may
be, to be thereafter administered and distributed pursuant to the terms of this
Subsection.
C. Anything hereinbefore contained to the contrary
LaW offi°es°f notwithstanding, each trust under this Section shall vest not later than
Sa.idis twenty-one (21) years after the death of the survivor of my wife and my issue
Sullivan living on the date of my death. Immediately before the expiration of such
& Rogers twenty-one year period, each such trust shall terminate and the remaining
635 North 12th Street
su�te400 principal thereof shall be distributed, subject to the provisions of Section
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FOURTH heieof, to that descendant of mine then represented by such trust or
to my then living issue, per stirpes, who are the remainder beneficiaries of a
trust held for the spouse of a descendant of mine. �
Page 7
D. To the extent not otherwise effectually appointed as aforesaid, if
at my death or at any later time fixed for distribution of principal all of the
above described beneficiaries shall be deceased, the principal shall be
distributed to the JOSEPH T. AND HELEN M. SIMPSON FOUNDATION,
provided it is then in existence and an organization described in Sections 170
(c) (2) and 2055 (a) of the Code, or, if it is not so described, to one or more
organizations, including an organization created by Trustee, that are so
described, selected by Trustee in Trustee's discretion.
SECTION FOURTH
Retention of Propertv Distributable
to Beneficiaries Under a Disabilitv
Any property (whether income or principal) distributable to a
beneficiary under a disability may be retained by Trustee in a separate trust
and may be invested and applied (together with any income earned by it) from
time to time for the beneficiary's benefit in any way which Trustee may deem
appropriate (except that any distribution to my wife from the Marital Trust
shall be applied or expended currently for her benefit).
Such property shall be distributed to the beneficiary when he or she is
free of disability, or, in case of death during disability, shall be paid to his or
her estate.
If the continued retention of property under this Section should be
impracticable because of the small size of the fund, Trustee may distribute it
for the beneficiary's benefit.
LaW offl�es of For the purposes of this Section a beneficiary shall be considered to be
Sa,idis under a disability while under the age of twenty-one (21) years or at any time
Sullivan when such beneficiary shall in the opinion of Trustee be unable by reason of
& Rogers advanced age, illness or other condition to properly manage his or her affairs.
635 North 12th Street
Suite 400
Lemorne,PA 1�043 Payments made for the benefit of a beneficiary may be made directly to
the beneficiary, to his or her parent or guardian, to a custodian (other than a
Trustee hereunder) under the Uniform Transfers to Minors Act selected by
Page 8
� �
Tiustee, or to the persons caring for or having custody of the beneficiary, or
may be applied for such beneficiary's benefit by payment to such other
persons, organizations or institutions as Trustee may select, and the receipt of
any such payee shall be a full release therefor.
SECTION FIFTH
Division for Generation Skipping Tax Purposes
Notwithstanding anything to the contrary otherwise provided
herein:
A. If my wife, HILARY M. SIMPSON, survives me for a period of
thirty (30) days:
1. If my generation skipping tax exemption exceeds the value
of the principal of my residuary estate disposed of under Section THIRD
hereof, the gift otherwise distributable to the Marital Trust shall be divided
and distributed to two separate trusts, an "Exempt Marital Trust" containing
a fraction of such gift, the numerator of which is such excess and the
denominator of which is the value of such gift, and a "Nonexempt Marital
Tiust" containing the balance of such gift. My wife, HILARY M. SIMPSON,
shall, notwithstanding any other provision of this Will, have the right to
withdraw so much of, even if all, the principal of any Nonexempt Marital
Trust which has qualified for the marital deduction in my estate. Except as
otherwise provided in this Paragraph and Paragraphs 2 and 3 of this
Subsection, each such separate trust shall be administered and distributed in
accordance with the provisions of this Will governing the Marital Trust and
all references in this V�jill to the Marital Trust shall be deemed to refer to each
Law Offices of of such trusts. If such exemption does not exceed such residuary estate, the
Sa.idis entire Marital Ti ust shall be the Nonexempt Marital Trust.
Sullivan
& Rogers 2. Except as my wife may provide otherwise by VVill, all
635 Nocth 12th Street
Suite 400 inheritance, estate, transfer, succession or death taxes, excluding any
Lemoyne,PA 17043
generation skipping tax (including interest and penalties thereon) payable by
reason of her death with respect to the Exempt and Nonexempt Marital
Trusts shall be paid first from the Nonexempt Marital Trust, to the extent
�/ �
Page 9 /
thereof, if the portion of such paSTment representing such taxes with respect to
the Exempt Marital Trust does not constitute a constructive addition to the
Exempt Marital Trust for generation skipping tax purposes.
3. If upon my wife's death the value of the portion of the
Nonexempt Marital Trust, if any, passing in default of appointment exceeds
my wife's generation skipping tax exemption, a fraction of the Nonexempt
Marital Trust, the numerator of which is such excess and the denominator of
which is the value of the Nonexempt Marital Trust (the "Nonexempt Marital
Share"), shall not be added to the Residuary Trust under Section THIRD
hereof, but shall be held by Trustee in a new separate trust or set of trusts, as
the case may be, and administered and distributed in accordance with the
provisions of Section THIRD hereof independently of the other trust or set of
trusts.
B. If the value of my residuary estate exceeds my generation
skipping tax exemption less the value of the unappointed portion of the
Nonexempt Marital Trust under my wife's Will, if any, my residuary estate
shall be divided into two shares, a "Nonexempt Portion" containing a fraction
of my residuary estate, the numerator of which is such excess and the
denominator of which is the value of such residuary estate and an "Exempt
Portion" containing the balance of the residuary estate. Each such portion
shall be placed in a sepaiate trust or set of trusts, as the case may be, and
each trust or set of trusts shall be administered and distributed in accordance
with the provisions of Section THIRD independently of the other trust or set
of trusts. (Any share of the Nonexempt Portion of my residuary estate or of
the Nonexempt Marital Share is referred to herein as a "nonexempt share",
and any share of the Exempt Portion of my iesiduary estate or of the Marital
LaW off'�es°f Trust other than the Nonexempt Marital Share is referred to herein as an
Sa.idis "exempt share.")
Sullivan
& Rogers C. With respect to any trust under Section THIRD hereof containing
635 North 12th Street
su�te400 principal derived fiom a nonexempt share (a "Nonexempt Trust"), if, in the
Lemoyne,PA 17043
absence of this Subsection, upon the death of the descendant of mine
represented by such trust, any portion of the principal thereof would be
subject to generation skipping tax if such descendant were not to xerci e is
Page 10
or her limited testamentary power of appointment, if any (assuming
iegardless of what in fact occurs, that no generation skipping tax exemption is
allocated to such trust), such descendant shall have the further power to
appoint such portion of such principal to or in trust for such beneficiaries,
including such descendant's estate, as such descendant shall designate by VVill
containing specific reference to this general testamentary power of
appointment. Moreover, to the extent such descendant does not provide
otherwise by VVill by specific reference to such power, Trustee shall deduct
from such portion of such principal and pay to the appropriate taking
authorities (or to such descendant's personal representatives for transmission
to the appropriate taking authorities, in the discretion of Trustee) the
difference between the inheritance, estate, transfer, succession or death taxes,
as the case may be, of any kind whatsoever (including any interest and
penalties thereon), payable by reason of such descendant's death and the
amount of any such taxes which would have been payable if no such taxes
were payable by reason of such descendant's death with respect to such
portion of such principal. Such payments may be made by Trustee upon
receiving from such descendant's personal representatives a certification as to
the sums needed for such purpose, in which event Trustee shall be entitled to
rely on such certification.
D. For purposes of this Section:
l. Upon the death of my wife or me, our respective
generation skipping tax exemptions shall be that amount of such exemptions
remaining for allocation to transfers occurring at our respective deaths
(assuming, regardless of what in fact occurs; that any of the generation
skipping tax exemptions of either of us available for allocation will first be
LaW offi°es°f allocated, to the minimum extent necessary, to lifetime transfers by my wife
Sa.idis
Sullivan or me which are direct skips or which are to generation skipping trusts but
which have not been reflected on a gift tax return filed before our respective
& Rogers
�ss rrorth �zTh s�reet deaths). For purposes of the preceding sentence, (i) a generation skipping
su�te 40o trust shall be any trust of which either of us is treated as a transferor, othei
Lemoyne,PA]7043
than a trust of which some of the principal is likely to be distributed to
(disregaiding discretionary distributions and poweis of appointment), or tax
vested in, one or more nonskip persons, and (ii) it shall be assume ��
Page 11
regardless of v��hat in fact occuis, that any lifetime transfers by my v�rife or me
which have not been reflected on a gift tax return filed before our respective
deaths will be split gifts if the effect of splitting would be to lessen the gift tax,
before credits, with respect to such transfers.
2. The value of my residuary estate under Section THIRD
hereof shall include the value of any Disclaimer Trust hereunder and shall be
as finally determined for Federal Estate Tax purposes at my death after any
inheritance, estate, transfer, succession or death taxes, excluding any
generation skipping tax, (including interest and penalties) payable therefrom.
If the value of my residuary estate exceeds my generation skipping tax
exemption and there is a Disclaimer Trust hereunder, the division into shares
under Subsection B of this Section shall be made so as to maximize the
Exempt Portion of my residuaiy estate other than the Disclaimer Trust.
3. The value of the Nonexempt Marital Trust under my Will
shall be as finally determined for Federal Estate Tax purposes at my wife's
death after any inheritance, estate, transfer, succession or death taxes,
excluding any generation skipping tax, (including interest and penalties)
payable therefrom.
4. The value of the Nonexempt Marital Trust under my wife's
Will shall be as finally determined for Federal Estate Tax purposes at my
death after any inheritance, estate, transfer, succession or death taxes,
excluding any geneiation skipping tax, (including interest and penalties)
payable therefrom.
5. Any peison, other than my wife, who has died within
L�W offi�es°f thirty (30) days of my death, or under such circumstances that the order of our
Sa,idis deaths cannot be established by proof, shall be deemed to have predeceased
Sullivan me. If my wife and I die simultaneously, or under such circumstances that
& Rogers the order of our deaths cannot be established by proof, my wife shall be
635 North 12th Street
su;�e 40o deemed to have survived me. Any person (other than mysel� who has died at
Lemoyne,PA 17043 ,
the same time as any then beneficiary under this Will or in a common disaster
with that beneficiary, or under such circumstances that the order of deaths
� �
Page 12
. � • • , .
cannot be established by proof, shall be deemed to have predeceased that
beneficiary.
SECTION SIXTH
Protective Provision
I direct that the principal of my estate and the trusts hereunder, and
the income therefrom, so long as the same are held by my Executor or
Tiustee, shall be free from the control, debts, liabilities and assignments of
any beneficiary interested therein, and shall not be subject to execution or
process for the enforcement of judgments or claims of any sort against such
beneficiary.
SECTION SEVENTH
Tax Clause
I direct that all inheritance, estate, transfer, succession and death
taxes, of any kind whatsoever, other than any generation skipping taxes,
(including any interest and penalties thereon), which may be payable by
reason of my death, with respect to property passing under this Will, and with
respect to property passing outside of this Will which qualifies for the Federal
Estate Tax marital deduction, shall be paid first out of that portion of my
residuaiy estate passing under Section THIRD hereof and then out of the
principal of the Disclaimer Trust. With respect to any such taxes payable by
reason of my death on the property held in the Marital Trust under my wife's
Will or in any other trust created by my wife which qualifies for the Federal
Estate Tax marital deduction, such taxes are payable by the Tiustees of such
trust or trusts as provided therein, which provision I direct be followed.
Law Offices of
Sa.idis SECTION EIGHTH
Sullivan
General Provisions
& Rogers
635 North 12th Street
su;�e 40o The following provisions shall apply, anything in this Will to the
Lemoyne,PA 17043
contrary notwithstanding:
1 �
Page 13
A. An�� beneficiary under this Will (or the personal representative,
guardian or attorney-in-fact under a durable power of attorne5= of any
deceased, minor or incompetent beneficiary) may, at any time and from time
to time, release, renounce or disclaim, in whole or in part, or otherwise limit
any power or interest granted to such beneficiary under this V4'ill, by written
instrument, duly signed, acknowledged before a notary public and filed with
my Executor or with the Trustee of any trust hereunder. Such instrument
need not take effect immediately and may be contingent upon the occurrence
or non-occurrence of any event. In addition, any Executor or Tiustee serving
hereunder at any time may in like manner release, renounce or disclaim, in
whole or in part, or otherwise limit any power granted to such fiduciary
hereunder.
B. In exercising any discretion to pay income or principal, Trustee
may take into account the income from other sources and the personal assets
of any beneficiary. Trustee shall give primary consideration to the needs of
my wife and thereafter to the needs of my children. Trustee may wholly
exclude any beneficiary from any such discretionary distribution, need not
treat all beneficiaries equally or proportionately and need not follow the same
pattern in all such distributions. Any such discretionary payments may
either be made to the beneficiary or applied directly for such beneficiary's
benefit.
C. Beneficiary designations such as "child", "children", grandchild",
"issue" and "descendants" shall include members of the class so described
living from time to time and shall include persons related by adoption as well
as by blood, provided in each instance that the adoptee is under the age of
eighteen (18) years at the time of adoption.
Law Offices of
Sa,idis D, It is my intent not to exercise any power of appointment which I
Sullivan
possess.
& Rogers
635 North 12th Stree[
su�Te400 E. My wife shall have the right to require Trustee to render income
Lemoyne,PA 17043
producing within a reasonable time any non-income producing portion of the
principal of the Marital Trust.
�
Page 14
F. All questions pertaining to the validity, construction and
administration of the trusts hereunder shall be governed by the laws of
Pennsylvania even though administered else��here within the United States
or abroad. The situs of the trusts hereunder shall be Pennsylvania, provided,
however, that Trustee may in Trustee's discretion change the situs of any
such trust, in which case Trustee shall notify in wiiting all beneficiaries
currently eligible to receive income or principal from such trust of the new
situs.
G. I intend that every trust hereunder holding stock of a Subchapter
S corporation qualify as either a "qualified Subchapter S trust" (other than
the trust under Subsection A of Section THIRD hereo� or an "electing small
business trust" under Section 1361 of the Code. Notwithstanding the
provisions of Section FOURTH hereof, if an election is effectively made
pursuant to Section 1361 (d) (2) of the Code to treat a trust hereunder (other
than the aforesaid trust) as a qualified Subchapter S trust, (i) during the
lifetime of the current income beneficiary all of the income of the trust shall
be paid to that income beneficiary at least annually and only that income
beneficiary may receive distributions of income or principal from the trust,
and (ii) in the event of the termination of the trust for any reason during such
beneficiary's lifetime, all income and principal of the trust shall be distributed
to the income beneficiary. Any provision of this Will which may appear to
conflict with or in any way defeat the aforesaid intention shall be so construed
or applied as to accomplish it.
SECTION NINTH
General Powers
LaW off'°es°f A. In addition to any authority otherwise given, I expressly grant to
Sa,idis my Executor and Trustee the following powers, to be exercised in the
Sullivan discretion of my Executor and Trustee and on terms as my Executor and
& Rogers Tiustee may deem best with respect to my estate and the trusts hereunder,
635 North 12th Street
Suite 400 including property retained under Section FOURTH hereof, without need for
Lemoyne,PA 17043
court approval and effective until final distribution of all assets:
��
Page 15
1. To retain any property owned b�� me at my death and to
invest and reinvest, without being confined to "legal investments", and
without iesponsibility for diversification, in any form of property, including by
way of illustration and not of limitation: real estate common stocks up to one
hundred percent hereof; common trust funds maintained by or securities
issued by any corporate fiduciary hereunder or securities issued by any
corporation controlling or otherwise af�iliated with such corporate fiduciary;
investment trusts; mutual funds; and securities issued outside of the United
States.
2. To sell, exchange or lease for any period of time any
property, real or personal; to enter into agreements of limited partnership; to
maintain, repair, alter, improve, restrict, subdivide, develop, partition,
dedicate or abandon real estate; to grant easements concerning and to
otherwise encumber real estate; and to give options and execute option
agreements for the sale or lease of assets held, without obligation to repudiate
the same in favor of better offers.
3. To subscribe for stocks, bonds, or other investments; to join
in any plan of lease, mortgage, merger, consolidation, reorganization,
foreclosure or voting trust and deposit securities thereunder; to exercise
options to purchase stock and other property; and generally to exercise all the
rights of security holders of any corporation.
4. To register securities in street name or in the name of a
nominee or in such manner that title shall pass by delivery and to vote, in
person or by proxy, securities held hereunder and in such connection to
delegate discretionary powers.
Law Offices of
Saidis
5. To puichase securities or other assets on margin and to
Sullivan otheiwise pledge assets held to finance any investment activity hereunder,
& Rogers and to buy, sell or otherwise deal in calls (covered or uncovered), puts or other
635 North 12th Street
su�te400 options with respect to securities or other property.
Lemoyne,PA 17043
6. To retain reasonable amounts of cash uninvested, in the
commercial or trust department of any bank or trust company, i ludin�ny
Page 16
corporate fiduciary hereunder, for such periods of time as are deemed
reasonable for the efficient administration of the estate or trust.
7. To borrow mone3- and to mortgage or pledge assets held
hereunder as security; and to lend money or other trust assets upon such
security as may be deemed sufficient.
8. To make all reasonable compromises.
9. To make distribution in cash or in kind or partly in cash
and partly in kind, and, except as otherwise specifically directed, to allocate
specific assets to or among the beneficiaries, including any trusts hereunder,
in such manner or proportion as they may deem advisable; provided, however,
that this clause shall not be construed to permit them to affect the value of the
distribution to which any such beneficiary may be entitled hereunder; and
further provided that, if there is other property available to fund the Marital
Trust (including any insurance payable to Trustee), there shall not be
allocated to such trust any property with respect to which a credit is allowed
against the Federal Estate Tax payable by ieason of my death for any estate,
inheritance, transfer, succession or death taxes payable to any foreign taxing
authority by reason of my death with respect to such property.
10. To determine whether any receipt or expenditure or any
portion thereof should be charged or credited to income or to principal where
the allocation is not clearly prescribed by governing statutory law, and to rely
on the opinion of counsel in connection with any such allocation. However,
this power shall not be exercised so as to jeopardize any marital deduction or
charitable deduction claimed or elected by my Executor or Trustee.
Law Offices of
Sa.idis 11. To combine the assets of any separate trusts under
Sullivan Sections THIRD and FOURTH hereof into one or more administrative or
& Rogers investment units for convenience of administration and investment.
635 North 12th Street
Suite 400
Lemoy�e,PA 17043
12. To divide at any time, including prior to the funding
thereof, any trust established undei this Will into such number of separate
trusts as Trustee may deem advisable. It is my intent that whenever�ck in
Pa�e 17 / �
�
an S corporation is held in an5- trust hereunder, such stock be segregated into
a separate trust so that such trust may qualify as a shareholder of such
corporation.
13. To merge any trust hereunder into anSr trust created by
my wife, me or any other member of my family, by VGrill or otherwise, or to
receive by merger assets from any trust created by my wife, me or any other
member of my family, by Will or otherwise, provided such trusts have
substantially the same primary beneficiaries and substantially similar
provisions, and provided further that if the ultimate iemainder provisions are
not identical, the Trustees of the resulting merged trust shall keep a record of
the initial proportions of the trusts so merged, so that if such ultimate
remainders become operative, the remaining principal of the resulting merged
trust shall pass proportionately according to the original governing provisions
of the trusts so merged.
14. To employ and compensate from income or principal in
their discretion investment and legal counsel, accountants, brokers and other
specialists, and, whenever there shall be no corporate fiduciary in office, a
corporate custodian, and to delegate to investment counsel (including an
account executive at a securities firm) discretion with respect to the
investment and reinvestment of any or all of the assets held hereunder.
15. To carry on and participate in the management of any
business owned or controlled by me or in which I have a substantial interest,
for whatever period of time they shall deem appropriate in connection with
the same, and to have broad powers, piivileges and freedom of action with
respect thereto, including the power to incorporate the business or otherwise
LaW offi�es°f change its form, the power to borrow and pledge other assets held hereunder
Sa,idis as security, the power to borrow and pledge other assets held hereunder as
Sullivan security, the power to delegate authority to any manager of employee, and the
& Rogers power to close out, liquidate or sell the business or any interest therein, in
635 Norch 12ch Screec
su«e400 whole or in part, at public or private sale, at such time and upon such terms
Lemoyne,PA 17043
and conditions as they may deem appropriate.
j .X/
Page 18
16. To participate in a public or private sale of secuiities
issued by any corporation whether or not. any� of my- fiduciaries is a controlling
shareholder as defined in the securities laws of the United States or any state
thereof; to join with other shareholders in such a sale; to participate in the
preparation of registration statements, prospectuses and other documents in
connection with such a sale and to pay from other assets of my estate or the
trusts hereunder an equitable portion of the expenses of such preparation; to
make warranties respecting the ownership of such securities and such other
matters as may be deemed advisable to delegate to other persons the
authority to negotiate on behalf of my fiduciaries with underwriters in
connection with such a sale and to indemnify such underwriters or purchasers
against any loss arising out of an omission or representation in such a
prospectus or registration statement or arising out of any other matter in
connection with such a sale; to pledge the assets of my estate or the trusts
hereunder as security for such indemnity; and to purchase and pay premiums
on any insuiance against any loss arising in connection with such a sale.
17. To retain and to invest and reinvest in and to acquire by
exchange interests in oil, gas or mineral properties of any character, real or
personal, including by way of illustration and not of limitation: oil, gas or
mineral royalties, leases or leasehold interests, working interests, production
payments, contracts, net profits interests, interests in any joint ventures,
syndicates, co-owneis groups or partnerships, and any other interest in oil,
gas or minerals whether or not of the same kind as the foregoing without
regard to the proportion such property or similar property held may bear to
the entire amount held.
18. To enter into pooling, unitization, iepressurization and
LaW offi°es°f any other type of agreement relating to the exploitation, development,
Sa.idis operation and conservation of any oil, gas or other mineral properties or
Sullivan interests theiein; to expend such amounts as may be deemed advisable for the
& Rogers exploitation, development, operation and conservation of any oil, gas or other
635 North 12th Stteet
su�te 40o mineral properties or interests therein and in connection therewith or
Lemoyne,PA 17043
otherwise to join with others and in joint ventures, syndicates, co-owners
groups and partnerships for the exploitation, development, opeiation and
conservation thereof as may be deemed advisable and in connection with any
Pa e19 � ��
g
such propeities or interests therein ov��ned with others to rely upon or adopt
any recommendation of the operator thereof without any duty to make an
independent investigation of any such recommendation, and to join with the
other owners in the selection of an operator and the delegation to such
operator of any and all of the authorities, rights and responsibilities which an
individual owner can delegate to such operator, and to designate one or more
persons, or a bank or trust company or any corporation as attorney-in-fact to
act in any state or states, and to grant such attorney-in-fact such authorities,
rights, powers and duties as may be deemed advisable and to pay such
attorney-in-fact out of principal or income or both the usual compensation for
the services rendered.
19. To act in any jurisdiction where permitted by law to do so
or to designate one or more persons, or a bank or trust company, to be
ancillary Executors or ancillary Trustees in any jurisdiction in which ancillary
administration may be necessary; and to negotiate and determine the
compensation to be paid to any such ancillary Executors or ancillary Trustees
whether or not such compensation would otherwise be authorized by law, and
to pay such compensation out of principal or income or both (provided such
payment does not jeopardize any marital or charitable deduction actually
claimed or elected by my Executor or Trustee); and I hereby appoint the
ancillary Executors or ancillary Trustees so designated, and direct that they
shall not be required to post bond or enter security in such jurisdiction; and I
hereby grant to my ancillary Executors or ancillary Trustees with respect to
any and all pioperty subject to administration by them all of the powers,
authorities and discretion granted in this Will to my domiciliary Executor and
Trustee, provided, however, that such action as may require the investment of
additional funds or the assumption of additional obligations shall not be
LaW offi�es°f undertaken without the written consent of my domiciliary Executor or
Sa.idis Trustee.
Sullivan
& Rogers 20. To enter into any transaction authorized under this VVill
635 North 12th Stxeet
su�te 400 (whether under this Section or otherwise) between my estate and any of the
Lemoyne,PA 17043
tiusts hereunder, between any of the trusts hereunder, with any beneficiary
hereunder, with any fiduciary acting hereunder, or with fiduciaries of other
tiusts or estates even if any such fiduciary is also acting hereun r. 'i�
�
Page 20
B. A portion or all of the property held hereunder may consist of
interests in closely held companies, including corporations, limited liability
companies and general and limited partnerships (any such closely held
business or enterprise hereinafter called a "Company"), and my Executor and
Trustee are to have broad powers to hold, invest in, and deal with any such
Company. Accordingly, without limiting the powers otherwise granted herein
or confeired by law, my Executor and Trustee are, in addition, authorized and
empowered with respect to any Company (such powers to be effective until
final distribution of all assets hereunder, including property retained under
Section FOURTH hereof� as follows:
l. To acquire interests (including minority interests) in a
Company either for cash or with borrowed funds and to retain all or part of
any investment in a Company without regard to the general fiduciary
principle of investment diversification, for such period of time as my Executor
and Trustee may deem advisable even though the Company may be subject to
wide fluctuations of earnings. My Executor and Trustee may exercise the
broadest judgment as to the best course to follow in retaining or disposing of
any such investment even though the Company may be operated temporarily
at a loss, and shall not be liable for retaining such investment in the absence
of gross negligence, dishonesty or bad faith.
2. To delegate to others all discretionaiy powers to take any
action with respect to the management and affairs of a Company which an
individual could delegate, including the power to vote stock and the power to
determine all policy questions.
3. To execute shareholder, joint venture and partnership
LaW offi�es°f agreements and amendments thereto and to participate in the incorporation,
Sa.idis recapitalization, merger, consolidation, reorganization, liquidation or
Sullivan dissolution of a Company.
& Rogers
635 Norch 12th Street
su��e 400 4. To elect as an officer of or employ for a Company any
Lemoyne,PA 17043
person, including any individual Executor or Trustee hereunder, or any
director, officer or agent of any corporate Executor or Trustee hereunder, and
to compensate any such person.
��
Page 21
. • <
5. To ie15= on the reports (whether or not certified) of certified
public accountants as to the opeiation and financial condition of a Company
without independent investigation.
6. To invest additional capital in, to subscribe to or buy
additional stock or securities of a Company, to make loans to a Company upon
such security as may be deemed sufficient and to secure a loan to a Company
by a pledge of the interest therein, as well as other property held hereunder.
7. To sell or liquidate any interest in a Company on such
terms as my Executor and Trustee may deem advisable, and to abandon an
interest in a Company if deemed advisable.
C. All powers granted to my Executor and Trustee under this and
other Sections of this Will are exercisable only in a fiduciary capacity. No
such power shall be construed to enable any person to purchase, exchange or
otherwise deal with or dispose of any estate or trust asset for less than
adequate consideration.
D. The individual fiduciaries serving with respect to my estate or
any trust heieunder shall have the right to relieve any corporate fiduciary of
all investment authority and responsibility with respect to any or all the
assets of my estate or such trust. Notice that the corporate fiduciary is so
ielieved shall be given in writing. After receipt of such notice, the corporate
fiduciary shall have no responsibility or liability with respect to investment or
reinvestment of the assets specified therein and shall not be liable for any act
or omission of any individual fiduciary with respect thereto. Such freedom
from responsibility and liability shall continue until all such fiduciaries agree
LaW offi�es°f that the corporate fiduciary is to resume investment responsibility or until no
Sa,iC�is individual fiduciary is serving with respect to my estate or such trust. With
Sullivan respect to any assets as to which the corporate fiduciary has been relieved of
& Rogers investment authority and responsibility, its compensation shall be reduced to
635 North 12th Street
su��e400 reflect its lessened responsibility.
Lemoyne,PA 17043
E. Notwithstanding anything to the contrary otherwise provided
herein, but subject to the provisions of Subsection E of Section EIGHTH
Page 22
��
hereof, the Trustee of any trust hereunder may retain or invest in an5�
property, including real estate or other assets, that may be of personal use for
the health, support, maintenance or education of the beneficiary represented
by such trust, whether or not any such investment is likely to generate income
or gain. Trustee may, in Trustee's sole discretion, pay any or all expenses,
taxes or carrSTing charges related to such property, including but not limited to
maintenance expenses and insurance premiums. Trustee may also, in
Trustee's sole discretion, permit such beneficiary to use such property for his
or her personal use with or without making any payment, such as rent,
therefor.
SECTION TENTH
Provisions Concernin� Life Insurance
I may designate Trustee as beneficiary of certain policies of insurance
on my life. I direct that the proceeds thereof shall be held by Trustee in trust
in accordance with the provisions of Section THIRD hereof; provided, however,
that if the assets in my gross estate which qualify for the marital deduction
and which may be used to fund the Marital Trust created under this Will are
insufficient for such purpose, Trustee shall allocate to the Marital Trust such
share of the insurance proceeds as may be necessary in order to fund the same
in full. Insurance companies issuing such insurance are released from any
responsibility to see to the execution of any trusts hereunder or to the
application of the proceeds of insurance held by Trustee or as to which Tiustee
may be designated as beneficiary.
SECTION ELEVENTH
Guardian of PropertY
Law Offices of
Sa.1C�iS
Sullivan As Guardian of any propeity which passes under my Will or
outside of my VVill to a minor and with respect to which I am authorized to
& Rogers
�35 Norih iz�h s�ree� appoint a guardian and have not specifically done so outside of my Will, I
su«e 40o appoint my Trustee serving hereunder from time to time. The Guardian shall
Lemoyne,PA 17043
not be required to post bond or enter secuiity in any juiisdiction and shall
have all of the responsibility, authority and discietion herein granted to
Trustee as to property held for minors. ��
Page 23
SECTION TV�rELFTH
A�pointment of Executor and Trustee
A. I appoint my wife, HII��RY M. SIMPSON, as Executor of and
Trustee under this Vtrill. If for any reason my said wife should fail to qualify
or cease to act, I appoint each of the following , in the order shown, to serve as
successor Executor or Trustee: First, my son, HUGH J.T. SIMPSON, second,
my son, MARK R.T. SIMPSON, third, my daughter, JULIET H. SIMPSON,
and fourth, my son, BLAIR E.T. SIMPSON.
B. Notwithstanding the foregoing, each child of mine shall have the
right to become a Co-Trustee of any trust of which the child or his oi her issue
is the income beneficiary under Subsection B of Section THIRD hereof, and
the further right to remove any other Trustee of that trust and serve as sole
Trustee thereof.
C. In addition, each grandchild and more remote descendant of
mine shall have the right, at any� time after attaining the age of thirty (30)
years, to become a Co-Trustee of any trust of which the descendant or his or
her issue is the income beneficiary under Subsection B of Section THIRD
hereof, and the right at any time after attaining the age of thirty (30) years to
remove any other Trustee of that trust and serve as sole Trustee thereof.
D. The individual Executor and Trustee serving hereunder at any
time and from time to time may appoint a person to serve as an additional
Executor or Trustee, and may remove that person so serving at any time,
without the necessity of filling any vacancy so created.
LaW offi°eS°f E. In the absence of the effectual appointment of a successor
Sa.idis Executor or Trustee named above, each individual Executor and Trustee
Sullivan serving hereunder shall have the right to appoint his or her successor, to
& Rogers remove an5- successor so appointed, and to make another appointment of a
635 Norch 12th S�xeet
Suite 400 SUCC2SSOT.
Lemoyne,PA 17043
F. It is my intention that at all times there shall be at least one
individual Executor and Trustee serving my estate and each trus crea,t��
�
Page 24
hereunder. Accordingly, if at any time there is no individual Executor or
Trustee serving my estate or a trust hereunder, whether by reason on
renunciation, resignation, disability or death, the vacancy shall be filled by
appointment made by a majority of the then income beneficiaries of my estate
or the trusts hereunder who are of age and able to give or withhold consent,
or, if no such successor is appointed as aforesaid within three (3) months of
any vacancy, I request that the law firm of Saidis, Sullivan & Rogers appoint
such successor.
G. The individual Executor and Trustee serving hereunder at any
time and from time to time may appoint a bank or trust company (either
within or without Pennsylvania) to serve as an additional Executor or
Trustee, in which case the individual Executor or Trustee serving hereunder
at any time and from time to time shall have the right to remove the corporate
Executor or Trustee then serving hereunder, and to appoint another bank or
trust company, either within or without Pennsylvania, to serve in its place or
to leave such office vacant.
H. Any Trustee may resign at any time without need for court
approval.
I. Any such appointment, removal, substitution or resignation shall
be made by written instrument duly signed, acknowledged before a notary
public and filed with the records of my estate or the trusts hereunder. Any
such instrument may be changed in like manner by the person or persons
making the same before it takes effect, need not take effect immediately, and
may be contingent upon the occurrence or non-occurrence of any event.
Law Offices of
Sa,idis J. Any corporate fiduciary serving hereunder shall be entitled to
Sullivan compensation for its services under this Will, to be paid from income or
& Rogers Principal or partially from each, as may be agreed upon with the individual
�3s Nor�h�Zth street fiduciary, and which may include annual compensation based on principal.
su�te 40o An individual fiduciar � shall be entitled to reasonable compensation for his
Lemoyne,PA 17043 Y �
or her services, to be paid from income or principal or partially from each,
which may include annual compensation based on principal.
��
Page 25
K. No discretionary distribution of income or principal shall be
made from anv trust hereundei to or for the benefit of any beneficiary, if the
distribution would satisfy to any extent the legal obligation of a Trustee then
serving to support that beneficiary, provided, however, that distributions may
be made to a Trustee who is a beneficiary hereunder for his or her own health,
support, maintenance and education. The foregoing prohibition shall be
equally applicable to any Guardian serving hereunder.
L. Any successor Executor or Trustee shall have the same powers,
duties and authorities as though named hereundei as an initial Executor or
Trustee.
M. No Executor or Trustee serving hereunder at any time shall be
required to post bond or enter security in any jurisdiction.
IN WITNESS V�THEREOF, I have set my hand and seal to this my last
Will and Testament, consisting of this and the preceding twenty-five (25)
pages, at the end of each page of which I have also se�y initials for greater
security and better identification this ?.� day of '�--�rL �1 ' 20 l3 .
` ` (SEAL)
J R . SIMPSON
We, the undersigned, hereby certify that the foregoing Will was
signed, sealed, published and declared by the above-named Testatrix as and
for her Last VVill and Testament, in the presence of us, who, at her request
and in her presence and in the presence of each other, have hereunto set our
hands and seals the day and year first above written, and we certify that at
LaW offl�es of the time of the execution thereof, the said Testatrix was of sound and
Sa.idis disposi�g minc�'�nd memory.
Sullivan � '
�l�I�� (SEAL) Residing at J��� ��/C��//J.S�
& Rogers
635 North 12th Street ��� ���� /`�' _� � ���
Suite 400 V
Lemoyne,PA 17043 a:�'���
� (SEAL) Residing at�'� �
�-��C�-�-�5 �� 7c J
AChNOV�'LEDGMENT
COMMON�?EALTH OF PENNSYLVANIA )
�� ) SS:
COtiNT1' OF �°�.-k-�—k'-�-�-�-��' )
I, JERRY T. SIMPSON, 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 Testament; that I signed it willingly; and that I signed it as my free
and voluntary act for the purposes therein expressed.
/ ���
(SEAL)
. SIMPSON
Sworn to and subscribed before
me thi�l,(Lf- day of ��c�'�
, 20�3.
� �� ��
Notary Public
My Commission Expires:
(SEAL)
Law Offices of
Sa,1C�iS
Sullivan
COMMONWEALTH OF PEt�tNSYLVANtA
& ROgers NOTAR►Rl.SEAL
635 No��h 12th Scree� CYN�f HIA J RULE,NOtBry PUbIiC
su�te 40o Borough of Lemoyne,Cumberland3 2016
Lemoyne,rA i�o43 My Commission Ezpires February
AFFIDAVIT
COMMONWEALTH OF PENNSYL�'ANIA )
i ) SS:
COUNT�' OF C�'`�-�-� )
�je � \ �, �t1�,� and L.,l 5� � � ,
, �
the VVitnesses 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 Testator, JERRY T. SIMPSON, sign and execute the
instrument as his Last Will and Testament; that Testator signed willingly
and that he executed said VVill as his free and voluntary act for the purposes
therein expressed; that each of us in the hearing and sight of the Testator
signed the Will as Witnesses; and that to the best of our knowledge the
Testator was at that time eighteen (18) or more years of age, of sound mind
and under no constraint or undue influence.
� ,n
/ '
r .
,:
�
s
ritness itne
Sworn to and subscribed before
me this c��� day of ��vi-.-.���
, 20j3.
�
Law Offices of �_
Sa.idis Notary Public
Sullivan
& Rogers My Commission Expires:
635 Norch 12ch Screec �$'�1'AI,�
Suite 400
Lemoyne,PA 17043
COMMOf3WEAL-"H OF b'EM1lNSYLVANIA
NOTA�21FtL SEAL
CYNTH�A J RULE,idotary Public
Borough of Lemoyne,Cumberland County
My Commission Expires Feb�uary 3,2016