HomeMy WebLinkAbout02-20-14 `-_. X
° PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA
Pelitioner(s) named below, who is/a�se 18 years of age or older, apply(ies) for Letters as specified below, an� in
suppart thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form:
Decedent's Information / �
Name: William A.Boloskv File No: � �
a�'k/a: William Anthonv Boloskv (Ass�gned by Register)
a�'k/a:
�,�/a; Social Security No:
Date of Death: 12/14/2013 Age at death: 78
Decedent was domiciled at death in Cumberland County,p __�n,�ytvania (Srare)with his/�'last
principal residence at 318 Carmella Drive,MechanicsburQ 17050 Silver Sorin¢Townshin Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at Emeritus at Creekview Mechanicsbur¢ 17050 Hamoden Townshia Cumberland Pr�
Strcet address,Post Oftice snd Ztp Code City,Township or Borough County State
Estimate of value of decedent's propert}�at death:
If domiciled in Pennsylvania........... ............. .... Ail personal property $ 100,000.00
If not domiclled in Pennsylvania. ...... ... ...... ........ Personal property in Pennsylvania $
Jf not domiciled in Pennsylvania. ...... ... .............. Personal property in County $
f�'alue of real estate in Pennsylvania..... .................. ........................ ..... ..... $
TOTAL ESTIMATED VALUE. . .. $ 100�000.OQ
Real estate in Pennsylvania situated at:
(Auach additiona!sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County
�� �►. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)aver(s)helshe/t�y is,'�c the Executor(s)named in the last Will of the Decedent,dated January 31,2007 and Codicil(s)
thereto dated None
State relevant circumstances(ag.renunciation,dtath of extcutor,etc)
Fxcept as follows:after the execucion of the instrument(s)offered for probate Decedent did not marry,was not divorceci,was not a parry 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 bom or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
a NO EXCEPTIONS Q EXCEPTIONS
[� K. Petition for Grant of Letters of Administration (tf applicable) '
c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minorita�e
If Administration,c.�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 for divorce had been established as defined
i�23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person.
Q NO EXCEPTIONS Q EXCEPTIONS
F'etitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(ifan�C,�a�nd hei�s(attach
u�dditionaCshee�s,if necessary): � �' �3
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'� � Oath of Personal Representative o���a�u�oniy
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COMMONWEALTH OF PENNSYLVANIA } � �
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umberland } S S: �.O .� �.��
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Petitioner(s)Printed Name Petitioner(s)Printed Address � ' '�' °'�-
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Carol A.Bolosk 318 Cannella Drive Mechanicsbur PA 17050 ��`' � _ -
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The Petitioner(s)abave-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 aff rmed ubscribed before C�� Date c�� .��fG
me this �y of` , 2014 Date
$y; • Date
o Register . Date
BOND Required: Q�1'ES Q NO To the Register of Wills:
FEES: Please enter my appearance by my signature below: .
O ��
Lette . . . . . . . . ... . . . . . . . . . . . $ Attorney Signature:
( )Short Certificate(s).. . . . .
( )Renunciation(s).. . . . . . . . � �
( )Codicil(s). . . . . . . . . . . . .
( )Affidavit(s).. . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Keith O.Brenneman �
Commission. . . . . . . . . . . . . . . . . . .. Supreme Court
O r, . . . . . . . �� ID Number: 47077 _
. . . . . . . Firm Name: Snelbaker&Brenneman,P.C.
�/' �}- Address: 44 West Main Street
Y. . . . . . . .��V���
Mer.haniechur�_PA 17055
. . . . . . . Phone: 717-697-8528
.
Automation Fee. . . . . . . . . . . . . . . � Fax: 717-697-7681
JCS Fee. . . . . . . . . . . . . . . . . . . . . Email:
TOTAL. . . . . . . . . . . . . . . . . . . . : $ �
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DECREE OF THE REGISTER
Estate of William A.Boloskv File No: ��'
a/k/a: William Anthonv Boloskv
AND NOW, /" G�� , ,in consideration of the foregoing Petition,
satisfactory proof having been pres ted before me, IT IS DECREED at Letters Testamentarv
� .
are hereby granted to Carol A.Boloskv
in the above estate and(if anplicable)that
the instrument(s)dated Janu�ry 31,2007 �
described in the petition be admitted to probate and filed of re ord as the last Will(an Codicil(s))of Decedent.
,
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gister of Wills
Form RW-02 rev.l0/ll/2011 P e 2 of 2
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OATH OF NON-SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
Cumberland COLJNTY,PENNS�LVANIA
Estate of William A. Bolosky alk/a William Anthony Bolosky ,Deceased
Carol A. Bolosky and �Y D. Den�ler ,
(each)being duly qualified according to law, depose(s) and say(s)that s]�e/�e/they �/were well-
acquainted with William A. Bolosky a/k/a William Anthony Bolosky and �/are familiar
with the handwriting and signature of the decedent, and that the signature of William A. Bolosky
to the foregoing instrument purporting to be the Last Will and Testament/Codicil of
William A. Bolosky is in his/�own proper handwriting.
�,�.-� �'� � *
(Slgnarure) aro . o os y (Signarure) Amy D. Dengler _
318 Carmella Drive
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(Street A ress) (Street A ress)
,
Mechanicsbur PA 17050 �fl:�/lQ/Yl(C� r �� ����
( ity, tate,Zip (City,State,Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before e is � �h da Y��.�
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WILLIAM A.BOLOSKY � � �'
I,WILLIAM A. BOLOSKY,of Frederick County, State of Maryland,hereby declare this to be my Last Will
and Testament,hereby revoking any and all other Wills and Codicils that I previously may have executed.
SECTION 1. DEFINITIONS AND APPDINTMENT OF FIDUCIARIES.
The definitions and designations set Forth in this Section 1 shall apply in connection with the administration of
my estate and the construction of th�s Will.
l.p 1. For purposes hereof, the term "Fiduciary" and/or"Fiduciaries," however expressed, shall refer to my
Personal Representative(s) and/or my Trustee(s) who may be serving at any time. Where powers or discretions are
conferred upon the fiduciaries, such powers or discretions shall be exercised by the Personal Representative(s)as such,
or the Trustee(s)as such,as the case may be,in their respective capacities and not by their joint action.
1.02. Any reference in this Will to my"wife," or my" spouse,"whether specifically named or not, shall be
construed as meaning only CAROL A.BOLOSKY.
1.03. For purposes hereof, the term "child," however expressed, shall refer to any descendant in the first
degree of the parent designated. The term "descendant," however expressed, shall include (i) children or more remote
descendants,either naturally born or legally adopted, but only if such descendant was adopted prior to attaining the age
of eighteen (18) years, it being my intent that such adoption shall have the same effect as if such individual had been
naturally born to the adopting parent or parents and(ii)any child or remote descendant in gestation at any time specified
in connection with the administration,division or distribution of any portion of my estate.
1.04. For purposes hereof, the term "per stirpes" shall be as defined in Sections 1-210 and 1-210.1 of the
Estates and Trusts Article,Annotated Code of Maryland,as in effect at the time of the execution of my Will.
1.05. I designate and appoint my wife,CAROL A.BOLOSKY,to serve as my Personal Representative. If
for any reason my wife, CAROL A. BOLOSKY, is or becomes unwilling or unable to serve in this capaciry, then I
constitute and appoint my daughter, AMY D. DENGLER, as my Personal Representative. If for any reason my
daughter, AMY D. DENGLER, is or becomes unwilling or unable to serve in this capacity, theri I constitute and
appoint my son,WILLIAM J.BOLOSKY,as my Personal Representative.
1.06. I designate and appoint my wife,CAROL A.BOLOSKY,to serve as the Trustee of any trust created
or at any time existing hereunder. If for any reason my wife, CAROL A. BOLOSKY, should be or become unable or
unwilling to serve in such capacity,then I constitute and appoint my daughter,AMY D.DENGLER,as Trustee. If for
any reason my daughter,AMY D.DENGLER,should be or become unable or unwilling to serve in such capacity,then
I constitute and appoint my son, WILLIAM J. BOLOSKY, as Trustee. (The term"it"or"its"may be used to refer to
the Trustee or Trustees hereunder.)
SECTION 2. HEADINGS.
2.01. The headings,titles, and subtitles in this Will have been inserted solely for convenience, and shall be
ignored in its construction.
SECTION 3. FUNER.4L EXPENSE.
:�;�
3.01. I direct my Personal Representative to pay the expenses of my funeral (including, if no provisions
therefor shall have been made during my lifetime,the costs of a cemetery plot and headstone and markers for my grave),
in such amount as my Personal Representative may deem proper,without the necessity of obtaining the approval of any
court having jurisdiction over the administration of my estate and without regard to any applicable statutory limitation.
SECTION 4. DEBTS AND ADMINISTRATION EXPENSES.
4.01. I direct my Personal Representative to pay all debts and claims which are legally enforceable against
me,except that all mortgages,liens,and other encumbrances on property owned by me at the time of my death shall be a
charge on the property so encumbered,and my estate shall not be liable for any such indebtedness. I direct my Personal
Representative to pay all administration expenses, including expenses of administering nonprobate assets, and I
authorize my Persona) Representative to allocate such expenses between income and principal in a reasonable manner
consistent with applicable state law and optimal tax results.
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SECTION 5. SPECIFIC BEQUESTS;DISPOSITION OF TANGIBLE PERSONAL PROPERTY.
5.01. I give my personal and household effects, automobiles and other tangible personal property to my
wife, CAROL A. BOLOSKY, if she survives me. If my wife does not survive me, then I give my personal and
household effects, automobiles and other tangible personal property, in approximately equal shares,to my children who
survive me. My Personal Representative shall divide such property in shares as nearly equal in value as practicable and
by such method as my Personal Representative may deem e9uitable.To the extent possible,my Personal Representative
shall make such division and distribution to my children in accordance with their wishes,but the decision of my Personal
Representative with respect to the division of such property,when made,shall be final and binding upon all distributees.
My Personal Representative shall be authorized to sell or convert any tangible personal properiy if my Personal
Representative deems it practical with the proceeds thereof to become part of my residuary estate.
5.02. If, before my death, I left with my Personal Representative, with this Will or among my imp�rtant
personal papers, instructions indicating I would like any specified articles of my tangible personal property that any
legatee may inherit under this Section 5 to pass to any designaied indiv�dual or indY�iduais, it is my�o�e and expect.��ion
that my instructions will be carried out,and without intending to impose any trust or legal obligations upon such legatee
or Personal Representative,I am confident that my wishes will be fotlowed.
SECTION 6. PAYMENT OF TAXES.
6.01. If my wife shall survive me, I direct that all estate, inheritance, succession, transfer or other death
taxes assessed by any taxing authority, whether foreign or domestic, in respect of all property taxable by reason of my
death or by reason of the inclusion of such property in my gross estate for estate tax purposes, be paid, without
apportionment,out of that portion of my residuary estate not qualifying for the Federal or state marital deduction.To the
extent the nonmarital portion of my residuary estate is insufficient to pay such taxes, I direct that the balance of such
taxes be paid from that portion of my residuary estate, if any,which qualifies for the Federal or state marital deduction,
in my Personal Representative's discretion,without apportionment. If my wife shall not survive me, I direct that all such
taxes shall be paid from my residuary estate without apportionment. The aforesaid notwithstanding, if,at the time of my
death, I am the beneficiary of a trust for which a Federal or state qualified terminable interest properiy(QTIP)election
was made, and the principal of that trust is includible in my gross estate for tax purposes, the estate, inheritance and
similar taxes, including interest and penalties, payable on the QTIP trust assets shall not be paid from my residuary
estate.
SECTION 7. RESIDUARY ESTATE.
7.01. My residuary estate shall consist of (a} all property or interests therein not otherwise effectively
disposed of in this Will,of whatever kind,nature or description,and wherever located,.including any property to which 1
shall be in any way entitled at the time of my death,and any insurance proceeds v�rhich may be payable to my estate,-less
(b) all valid claims asserted against my estate and all expenses incurred in administering my estate, including expenses
of administering nonprobate assets.
SECTION 8. DISPOSITION OF RESIDUARY ESTATE.
8.01. If my wife survives me,then I give my residuary estate unto my wife.
8.02. If my wife does not survive me,then I give my residuary estate to my living descendants,per stirpes.
8.03. If my wife survives me but disclaims(either by herself,her guardian or her attorney-in-fact), in whole
or in part, her interest in any part of her bequest or her interest in any other property which may pass to her under this
Will, then my Personal Representative shall distribute any such property so disclaimed unto the Trustee, heretofore
named, and its successor or successors, to hold the same IN TRUST, to be known as the "DISCLAIMER TRUST,"
which shall be administered and disposed of as follows:
(a) Accounting from the time of my death, the Trustee shall pay the net income from the
DISCLAIMER TRUST to my wife,payable at least annually,for and during her lifetime.
(b) In addition to the income,the Trustee shall pay to my wife such amounts from the principal of the
Disclaimer Trust as the Trustee deems advisable for her continued health and maintenance in reasonable comfort and for
her support in the standard of living to which she has become accustomed.
(c) Upon my wife's death,the Trustee shall distribute the remairling principal of the Disctaimer Trus�
to my living descendants,per stirpes.
8.04. The following additional provisions shall apply with respect to the Disclaimer Trust:
(a) My Personal Representative shall, in its sole and absolute discretion, determine whether to elect
under the provisions of the Internal Revenue Code or any state death tax law applicable to my estate to qualify any
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portion of the Disclaimer Trust for the Federal or state marital deduction. I specifically authorize such election under
any state law even if such election is inconsistent with any similar election made with respect to the Federal estate tax.
The determination of my Personal Representative with respect to the exercise of any such election shall be final and
binding on all interested persons. My Personal Representative shall not be liable for any loss resulting from its
determination with respect to the exercise of any such election made by it in good faith.
(b) Upon the election by my Personal Representative to qualify a portion of the Disclaimer Tcust for
the Federal or state marital deduction, the Trustee shall divide the Disclaimer Trust into two separate trusts so as to
create one trust ("Disclaimer Trust A") based upon the portion of the Disclaimer Trust that would be included in my
wife's estate for Federal or state estate tax purposes,and one trust("Disclaimer Trust B")based upon the portion of the
Disclaimer Trust that would not be included in my wife's estate for Federal or state estate tax purposes.
(c) Both Disclaimer Trust A and Disclaimer Trust B shall be held pursuant to the provisions of
Section 8.03,except that:
(1) with respect to Diselaimer Trust A,my wife shai]have the righ�anti pawerta direct that
the assets of this trust be reinvested to produce such income as is reasonable and consistent with the value of the trust
corpus,and
(2) if my Personal Representative made a Federal or state QTIP election for Disclaimer
Trust A, upon the death of my wife, the Trustee shall pay for the account of my wife's estate, from the principal of
Disclaimer Trust A, that amount by which the estate and inheritance taxes, including interest and penalties, payable by
my wife's estate shall have been increased by reason of my wife's death and the inclusion of Disclaimer Trust A in her
estate for estate tax purposes. The balance of Disclaimer Trust A shall be added to and become a part of Disctaimer
Trust B.
SECTION 9. PROPERTYNOT�ALIDLYDISTRIBUTABLE.
9.01. In the event that any portion of my estate or any portion or portions of the trust property remaining in
the hands of the Personal Representative or Trustee shall be undisposed of or not be validly distributable under the
foregoing provisions of this, my Last Will and Testament, the Personal Representative or Trustee shall grant, convey,
pay over and deliver,absolutely free and clear of any trust,such property as follows:
(a) One-half(1/2) thereof(or all thereof, in the event nothing passes pursuant to Section 4.01(b)
hereof, as the case may be)to those persons, and in such proportions, as would be entitled to take the same (under the
laws of the State of Maryland, in effect at any such time), had I then died, seized and possessed of the same, intestate,
unmarrieel,without creditors and a resident of the State of Maryland.
(b) One-half(1/2) thereof(or all thereof, in the event not�hing passes pursuant to Section 9.01(a�
hereof, as the case may be)to those persons, and in such proportions, as would be entitled to take the same (under the
laws of the State of Maryland, in effect at any such time), had my wife then died, seized and possessed of the same,
intestate,unmarried,without creditors and a resident of the State of Maryland.
SECTION 10. POWERSAND AUTHORITIES OF TRUSTEE;ADMINISTRATION OF TRUSTS.
10.01. In addition to, and not in limitation of, all powers, authorities, and discretions granted to any Trustee
by statute, common law, or under any rule of court, I hereby expressly confer upon my Trustee the following powers,
which may be exercised in my Trustee's sole and absolute discretion without application to,approval of or ratification by
any court:
(a) to invest and reinvest in any kind of property, real or personal, and including common and
preferred stocks, zero coupon bonds, voting trust certificates, securities, interests, and obligations in or of corporations,
governmental bodies or agencies, unincorporated associations, partnerships (general or limited), limited liability
companies,joint ventures,tenancies in common,trusts, investment companies, investment trusts,common trust funds,or
in any other kind of property,domestic or foreign,wasting or nonwasting,productive or nonproductive,regardless of the
fact that any or all of the investments made or retained are of a character or size which would not be permissible under
any statute or rule of court or otherwise deemed advisable for investments by fiduciaries;
- (b) to retain, invest in, sell, mortgage, lease, exchange, manage, subdivide, develop, buiId, alter,
repair, improve, raze, abandon or otherwise deal with or dispose of any properiy, regardless of its nature, the lack of
diversification of any trust,or the fact that any arrangement with respect to such property extends beyond the duration of
any trt�st;
(c)to vote in person at stock or security holders' meetings, parmers' or members' meetings, or at any
adjournment of such meetings;to vote by general or limited proxy,with or without power of substitution,with respect to
any such shares of stock or other securities;or to execute proxies to one or more nominees;
(d)to value and appraise the assets comprising the trust estate and make any allocations,divisions or
distributions required or permitted by this Will in kind or in money, or partly in kind and partly in money, in different
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assets or disproportionate interests in assets, and to that end to allot to any part or share such assets, real or personal,or
portions thereof or undivided interests therein, as the Trustees may select. Except as otherwise herein specifically
provided,the judgment and any determinati�5n of my Trustee in connection with, including any decisions to make a non-
pro rata distributions and any decisions regarding the values assigned to various assets, shall be binding and conclusive
on all parties interested therein;
(e)to retain,for any period,all property initially received by my Trustee as a part of any trust created
under my Will, including any assets with respect to which my Trustee is given the power to invest and reinvest,
regardless or whether such property or asset constitutes a large part or all of any trust or are not of the character,size,or
income yield permissible or otherwise deemed advisable for investments by fiduciaries, as the fiduciaries may
determine,without any liability or loss;
(fl to borrow money in such amounts and upon such terms and from such persons or corporations as
my Trustee shall deem prudent, and for the repayment of any monies so borrowed, to bind the trust estate b�y the
execution and delivery of s�ch obligations and such other evidences of indebtedness and by the imposition of such liens
upon the real�nd personal praperty of the trust estate or any part thereof as my Trustee may deem advrsable;
(g)to pay, compromise, adjust, abandon, submit to arbitration, renew, settle, sue on, defend, sell,
release and otherwise deal with any claims or demands of any trust against others or of others against my estate or such
trust as my Trustee may determine, including the acceptance of deeds of real property in satisfaction of bonds,
mortgages and security interests, and to make any payments, in connection with the exercise of this power which my
Trustee may determine,out of any trust created under my Will;
(h) to make, execute, acknowledge and deliver all such deeds, assignments, transfers, mortgages,
pledges,leases,covenants,contracts options,promissory notes,guarantees,bills of sale,powers of attorney,releases and
other instruments and documents, sealed or unsealed, of whatsoever character, and to do or cause to be done all such
ather matters or things as my Trustee may deem necessary or proper to effect or exercise any power or authority given to
or vested in my Trustee herein or by law;
(i) in any division of principal into separate trusts or shares,and in any distribution of trusts or shares,
to allocate to any trust, shaze, or beneficiary, property different from the property allocated to another trust, share, or
beneficiary,as the Trustee,using fair market values on the date of division or distribution,deems appropriate;provided,
however,that this power shall not be exercised in a manner contrary to any specific allocation of property elsewhere in
this instrument or in a manner that renders ineligible all or any part of any gift for any tax deduction, including but not
limited to the Federal or state estate tax marital deduction.
�0.02. My Trustee shall not be personally liable to any beneficiary or other party interested in the trust,or to
any third parties, for any claim against the trust for the diminution in value of trust properiy resulting from matters
involving hazardous substances, including any reportin� of or response t� (1) the c�ntamination of trust property b.y
hazardous substances,or(2)violations of any environmental laws related to the trust;provided that my Trustee shal) not
be excused from liability for its own negligence or wrongful or wilful acts.
10.03. My Trustee shall be excused from filing any account with any court.All decisions made in good faith
and with reasonable diligence by my Trustee shall be conclusive and binding on all persons having or acquiring any
interests in any trust under this Will.
10.04. My Trustee shall at all times serve as such without bond.
10.05. My Trustee,while acting in good faith and exercising due care,shall not be liable or held responsible
for any loss or depreciation in the value of any trust, created herein, resulting from any of the investments or
reinvestments made or retained as aforesaid.
10.06. The named Trustees are hereby authorized to name and appoint such successor Trustee or Trustees,
Co-Trustee or Co-Trustees as they may deem advisable, the said appointment to be made by an instrument in writing
duly signed and executed by the Trustees,and delivered to the new Trustee or Trustees.Thereupon,such new Trustee or
Trustees shall be vested with all powers and duties granted to and imposed upon the Trustees, hereinafter named,
including the power of appointing a successor or Co-Trustee. The successor or Co-Trustee herein referred to may be
either an individual or a corporation.
10.07. My spouse,and after the death of my spouse,a majority of my children(with the guardians who from
time tQ time are acting as such voting on behalf of my minor children)may from time to time,regardless of by whom the
appointtnent originally was made:
(a)remove any corporate Trustee hereunder so long as there is a contemporaneous appointment of a
substitute corporate Trustee that has continuously engaged in business as a corporate Trustee for at least ten (10)years
prior to its appointment(including such activities through predecessor corporate entities);and
(b)remove any individual Trustee hereunder so long as there is a contemporaneous appointment of a
substitute individual Trustee(as well as to appaint a substitute whenever any individual Trustee dies or otherwise fails to
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act or continue as such);provided,however,that such substitute shall be a person other than someone who is,directly or
indirectly,a beneficiary under this Will.
10.08. Any removal and appointment made pwsuant to this Section shall be in writing and shall be effective
when an executed copy thereof is delivered to the Trustee then acting as such,together with a written acceptance of the
trust by the newly-appointed Trustee.
10.09. Any Trustee may resign at any time by sending notice by registered mail to the remaining Trustee(s),
if any, and to the adult beneficiaries,if any,and to the guardian of any minor beneficiaries, if any. After thirty(30)days
from the date of such mailing, such resignation shall become effective, and thereafter the Trustee so resigning shall be
discharged from any further duties hereunder, such right of resignation to be a continuing one. Such right to resign shall
become effective without regard to the availability of a successor Trustee.
10.10. If at any time the office of Trustee of any trust hereunder should become vacant, a majority af the
beneficiaries of such trust, with guardians acting for any minor beneficiaries, to whom income or principal is then
required or permitted to be disfiributed shall have the right to appoint an individual or a bank or trust company to serve as
successor Trustee of such trust.
10.11. A Trustee by instrument in writing may delegate to a Co-Trustee for a specified period of time any of
such Trustee's powers and authorities; provided, however, that the powers and authorities vested exclusively in a
disinterested Trustee shall not be delegated to a Trustee who is not disinterested. Upon termination of any such
delegation, the delegating Trustee may accept, without audit, the books and records of a Co-Trustee to whom such
powers and authorities have been delegated and shall be free from liability for any and all acts or omissions of such Co-
Trustee dwing the period of such delegation.
10.12. Substitute or Successor Trustees hereunder shall have all the rights, powers, discretion, duties, and
responsibilities, as well as the limitations thereof, granted to or imposed upon my Trustee herein named. Such Trustee
shall not be liable for the acts of their predecessors if,by the exercise of reasonable diligence,they do not discover such
acts upon becoming acting Trustees.
10.13. No trust created hereunder shall be administered under the direction or jurisdiction of any court.
10.14. The properiy and assets of all trusts created hereunder shall be held in the sole custody and possession
of the Trustee.
10.15. Anything to the contrary notwithstanding, the Trustees may designate such person or persons who
may withdraw funds from any checking, savings or other similar account, maintained for any trust created in this Will,
and in such case only one(1)Trustee need be the signatory for the withdrawal of funds from such account, or for such
deed,instrument or document.
10.16. I direct that no person.acting as a Trustee hereunder shall participate in any decision regarding
whether, and the extent to which, any discretionary payment shall be made to or for such Trustee's personal benefit or
the benefit of any other person for whose support such Trustee may be legally liable. Any such decision shall be made
solely by another Trustee. Any successor Trustee serving as a result of removal of a Trustee shall have no right to
participate in any decision regarding whether, and the extent to which, discretionary payments shall be made to any
beneficiaries for whom my spouse has a legal obligation of support.
10.17. In making my designation of Personal Representative and Trustee, I recognize that said individuals
may be placed in a position of potential conflict with other fiducial responsibilities and representations arising out of
their position andlor interest in assets in which I may have an interest. I have selected the said designated individua(s
with the said potential for apparent conflict in mind, and with full faith and confidence in them. I hereby direct that the
Personal Representative and Trustee while acting in good faith and exercising due care shall be exonerated from any
personal liability arising out of any decision which they may make or act which they may take in furtherance of the
position to which I have appointed them.
10.18. The Trustee shall be entitled to commissions as allowed by Maryland law, or in accardance with the
Trustee's fee schedule as published from time to time.
10.19. My Personal Representative and the Trustee are authorized to maintain, pay premiums upon,
designate beneficiaries of and otherwise exercise all incidents of ownership in connection with any palicy of
insurance on the life of any person which shall be or become a part of the property of my estate or any trust, in such
manner as t�tey deern appropriate; provided, however, no fiduciary who is the insured party under ar�y such life
insurance po(icy may, whether acting alone, or in conjunction with any other party, exercise any incident of
ownership with respect to any such policy insuring his or her life, and may not in any manner, have, exercise, direet
or control any power to change the beneficia( ownership in any such policy, its proceeds, or the time or manner of
enjoyment thereof. No insurance policy shall be held in a trust for which a Federai or state QTIP election was or witl
be made.
10.20. The Trustee is authorized to move the domicile of any trust from the state of its original domicile
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to any state of the United States if in the judgment of the Trustee it is in the best interest of the trust or its
beneficiaries to do so.
10.21. My Trustee shall have the power to divide any trust created hereunder or any property used to fund or
augment any trust created hereunder into two or more fractional shares to be held as separate trusts hereunder, or to
divide any trust created hereunder into one or more separate trusts for the benefit of one or more of the beneficiaries(to
the exclusion of the other beneficiaries)of the trust so divided, as the Fiduciary, in the exercise of said Fiduciary's sole
and absolute discretion, may determine and to allocate to such divided trust some or all of the assets of the trust estate
for any reason including, but not limited to, enabling any such trust to qualify as an eligible shareholder of an S
corporation as described in IRC Sections 1361(c}(2)(A)(I)or 1361(d),as the case may be,to provide an inclusion ratio
(within the meaning of IRC Section 2641(a)of zero for a trust to which an allocation of generation-skipping transfer tax
exemption may be made, or to qualify a separate trust for any Federal or state Qualified Terminable Interest Property
election (including an election provided under Section '7-309 of the Taac General Article of the Annotated Code of
Maryland or equivalent pravision of Maryland law),or for any other purpose.
I0.22. My Personal Representative and my Trustee shall not have authority to exercise any power under this
document that woutd cause any property passing hereunder for which my Personal Representative has or will make a
Federal or state QTIP election to fail to qualify for the Federal or state estate tax marital deduction.
10.23. The provisions of this Section pertain to the Federal generation-skipping transfer tax,and I refer to the
Internal Revenue Code (the "Code') and the Federal Regulations, as they may be amended from time to time, for the
definition of the technical words used below. For purposes of minimizing or eliminating this tax, and notwithstanding
the provisions contained in any preceding Section, I authorize my Persanal Representative and Trustee to divide any
trust created by this Will into two separate trusts, so that one trust will have an Inclusion Ration of zero and the other
trust will have an Inclusion Ratio of one. The trust having an Inclusion Ratio of zero shall be designated as the"Exempt
Trust",and the trust having an Inclusion Ratio of one shall be designated as the"Nonexempt Trust." Each trust shall be
held and disposed of in accordance with the preceding provisions of this Will as if no division had been made, subject,
however,to the following exceptions:
(a) The Trustee shall not make any discretionary payments of principal to or for the benefit of a Non-
Skip Person from the Exempt Trust until the Non-Exempt Trust is exhausted.
(b) Except as provided in paragraph(d)of this Section,the Trustee shall not make any discretionary
payments of principal to or for the benefit of a Skip Person from the Non-Exempt Trust until the Exempt Trust is
e�chausted.
(c) Wherever a beneficiary is entitled to withdraw or receive any part of the principal of a trust, the
par�which he or she is entitled to withdraw or receive shall be determined as if the trust held for that beneficiary had not
been divided as provided above. In no event,however,shall the part which can be wif�drawn or received by a I�ion-Skip
Person be paid from the Exempt Trust until the Non-Exempt Trust is exhausted.
(d) Any payments of income or principal which the Trustee may make for the purposes of a Skip
Person for medical or educational purposes shall not be made from the Exempt Trust until the Non-Exernpt Trust is
exhausted.
(e) If the Trustee has discretionary authority to pay income to or for the benefit of more than one
person,and if they exercise that authority,the Trustee shall,to the extent possible,make any of these payments to or for
a Non-Skip Person from the Non-Exempt Trust and make any of these payments to or for a Skip Person from the
Exempt Trust.
(fl If the assets of an Exempt Trust and a Non-Exempt Trust are subject to the Federal estate tax upon
the death of any beneficiary, then all estate, inheritance or succession taxes, including interest and penalties, payabie
with respect to the assets held in those trusts,shall,to the extent possible,be paid from the Non-Exempt Trust,unless the
failure to make these payments from the Exempt Trust would cause any of the assets held in that trust to be subject to the
Federal generation-skipping transfer tax.
(g) If, upon the termination of an Exempt Trust, assets allocated to a beneficiary are to be held in
trust for that beneficiary,and if there is an Exempt Trust held for that beneficiary under my Will,then I direct that those
assets shall be added to that Exempt Trust. If, upon the termination of a Non-Exempt Trust, assets allocated to a
beneficiary are to be held in trust for that beneficiary,and if there is a Non-Exempt Trust held for that beneficiary under
my Will,then I direct that those assets shall be added to that Non-Exempt Trust.
(h) If a Non-Exempt Trust terminates because of the death of a Non-Skip Person and if,as a result,a
Federal generation-skipping transfer tax would otherwise be payable with respect to any of the property distributable
from the trust,then I give that Non-Skip Person the power to appoint to those creditors of his or her estate designated by
the Non-Skip Person in his or her Will,from the assets of such trust,an amount equal to the minimum amount necessary
to cause the Federal estate tax payable with respect to his or her estate and the generation-skipping transfer tax payable
with respect to the Non-Exempt Trust to be reduced to the lowest combined amount possible. The exercise of this
power of appointment shall be effective only if the Non-Skip Person makes specific reference to this power in his or her
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Will.
(i) The Trustee shall not exercise any power which would cause the assets held in the Exempt Trust
to be subject to the Federal generation-skipping transfer tax.
SECTION 11. INSURANCE OR PENSION PLAN.
I1.01. If I designate the Trustee under my Will to be the beneficiary of any life insurance policy or
retirement plan, it is my desire that the same shall be added to the designated TRUST under Section 8 hereof,even if the
proceeds thereof represent the only assets in Trust and require thereby for such Trust to be estabiished.
SECTION 12. POWERS OF FERSONAL REPRESENTATIVE.
12.01. My Personal Representative shall serve without bond.
12.02. 1VIy Personal Representative shall have all powers and discretions conferred by Maryland law,and a11
powers and discretions with respect to my estate that are set forth or referred to with respect to the Trustee hereunder,to
be exercised without court order.
12.03. My Personal Representative is authorized to execute on my behalf or on behalf of my estate any tax
return which may be filed.
12.04. My Personal Representative shall have, in addition to any other power,the specific powers to invest,
reinvest, sell, mortgage or otherwise dispose of any part or all of my estate, without the necessity of obtaining prior or
subsequent court approval.
12.05. Distributions may be made in cash or in kind in the discretion of my Personal Representative.
12.06. No Personal Representative shall be personally liable to any beneficiary or other party interested in
my estate or to any third parties, for any claim against my estate for the diminution in value of estate property resulting
from matters involving hazardous substances, including any reporting of or response to (i) the contamination of estate
property by hazardous substances, or(ii) violations of any environmental laws related to my estate; provided that my
Personal Representative shall not be excused from liability for its own negligence or wrongful or wilful acts.
12.07 My Personal Representative shall have authority to renounce or disclaim on my behalf or on behalf of
my estate any property or interest in property or powers to which I or my estate may become entitled;provided however,
that if my spouse is serving as Personal Representa.tive, my spouse shall not have authority to renounce or disclaim any
properiy or property interest under this paragraph if such act would constitute a gift for Federal gift and estate tax
purposes.
SECTION 13. SPENDTHRIFT PROVISIONS AND FACILITY OF PA YMENTS.
13.01. Except as otherwise specifically provided in other portions of this Will,my Fiduciaries shall make all
payments hereunder directly to the beneficiary entitled to them and not to any other person. A deposit of funds to the
beneficiary's account in a bank or other financial institution is the equivalent of direct payment to the beneficiary. No
payment may be assigned, anticipated, or encumbered by the beneficiary; nor may any payment be attached,garnished,
or executed upon by any creditor of the beneficiary.
13.02. My Fiduciaries shall have the further power to make payments of any income or principal for a
beneficiary (i) directly to the beneficiary; (ii) to the individual who is, in the judgment of my Fiduciaries, in proper
charge of such person, regardless of whether there is a court order to that effect; (iii) in the case of a minor, to a
custodian for the minor named by my Fiduciaries,to hold as a gift under the Maryland Uniform Transfers to Minors Act,
with the custodial arrangement continuing until the beneficiary reaches twenty-one(21)years of age; or(iv)by paying
or applying any part or all thereof for a beneficiary's benefit or on a beneficiary's behalf; and in every such event
payment may be made without any necessity of obtaining a receipt or the approval of any court, and such payments
made in good faith shall be deemed proper and shall be a complete release and acquittance of my Fiduciaries therefor.
13.03. My Fiduciaries may make discretionary payments of income or principal to any person after taking
into consideration, or without taking into consideration, as my Fiduciaries deem appropriate, any other income or
financial resources reasonably available to said beneficiary. All aspects of decisions with respect to discretionary
payments of income and principal shall be made by my Fiduciaries in their sole and absolute discretion, such that na
creditors of any beneficiary, including any governmental agencies which may furnish services, payrr►ents or benefits to a
beneficiary,shall have any claim to any of the income or principal of my estate or any trust.
SECTION 14. SURVIVORSHIP.
14.01. If my wife and I should die under such circumstances that there is no suf€icient evidence that the two
of us shall have died otherwise than simultaneously, I hereby direct that for the purpose of construing the provisions of
my Will my wife shall be deemed to have survived me,and that the provisions of my Will shall be construed upon that
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presumption, notwithstanding the provisions of any law establishing a different presumption as to the order of our
deaths.
14.02. If any person shall be required to survive me or be living at the time of my death in order to be
entitled to any interest hereunder,I direct that for the purpose of construing the provisions of my Will such person shall
be deemed to have predeceased me unless such person survives me by thirty(30) full days; except that the foregoing
sentence of this paragraph shall not apply with respect to my wife, who shall be entitled to receive her share if she
survives me by as much as an instant or is deemed to have survived me under Section 14.01 hereinabove.
SECTION 15. RULE AGAINST PERPETUITIES.
15.01. Any other provisions of this Will to the contrary notwithsta.nding,if at the end of the month preceding
the month of expiration of twenty-one (21) years following the death of the last survivor of my wife and all of my
descendant� who aze living at the time of my death, any property is held in trust hereunder, such trust shall thereupon
terminate and the entire remaining principal thereof shall be paid over and distributed free of any further trust to the
persons the�entitled or permitted to reeeive the pri�cipal and income therefrom in the proportions in which they are then
entitled to the same.
SECTION 16. GENDER.
16.01. Any use in this Will of pronouns of the masculine or feminine gender shall be interpreted as including
persons of the female and male sex,where the sense so requires.
IN WITNESS WHEREOF,I have signed my name to this Last Wiil and Testament this � day of
�_,� ,(/ ,2007.
WI LIAM A.BO SKY
Signed,sealed,published and declared by the above-named Testator,as and for his Last Will and Testament, in
the presence of us, who at his request, in his presence and in the presence of each other, have hereunto subscribed our
names as witnesses thereto.
WITNESS: ° �'� ADDRESS:
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