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Home My WebLink About03-17-14 (2) i a � ~:�W � � � LAST WILL AND TESTAMENT �� + ""` � , �� {..i��c'> � . ...� rk —t :� +:.� f"4 1 �= -.. � . �- `'�:' 0F U��.� "" + . ; -...� . , �-.. �..V l .. � ��. ROSEMARY J. SMITH �jc' �. , '� t� _ � �� c.� z'; �� ."�� c..y `r'� i I, ROSEMARY J. SMITH, of the Borough of Camp Hill, Cumberland Count , ' pennsylvania, being of sound and disposing mind arid memory, do hereby make, publish and declare ttli.s to be my I.ast Wi1.1 and Testament, hereby revoking and declaring nu11 and void any and a11 former Wi11s and/or � codicils by me at any time heretofore made. FIRST � � I direct my hereinafter named Executor, to pay a11 of my just debts, � funeral expenses, inheritance taxes and costs of administration of my i Iestate out of the corpus of my estate as soon after decease as it is i � ' practical to do so. I SECOND yiIn the event that my husband, EUGENE I. SMITH, surv:ives my decease �� by a period of thirty (30) days, then and in that event I give, bequeath ,�� and devise a11 of the rest, residue and remainder of my property, rea1, personal and mixed, and wh�resoever situate, unto my husband, EUGENE I, SMITH, to be his absolutely, to do and have as he in his best judgment declares. THIRD In the event that my husband, EUGENE I. SMITH, should predecease me or not live to survive me by a period of thirty (30) days, then and in that event I give, bequeath and devise a11 the rest, residue and remainder of my property, rea1, personal and mixed, and wheresoever situate, unto my daughter CHERYL ANN SMITH, and her issue, per stirpes. FOURTH In the event that my husband, Ei1GENE I. SMITH, should predecease me or not live to survive me by a period of thirt, (30) days, and my LAW OFFICES I SNELHAKER, daughter CHERYL ANN SMITH has not attained the age of twenty-one (21_) ' McCALEB & ELICKER years, then and in that event I give, bequeath and devise all the rest, Page One of Seven Pages residue, and remainder of my property, real, personal and mixed and wheresoever situate unto JOSEPH M. REYNOLDS, in trust, however, and as Trustee upon the following terms and conditions: (A) After first allowing my daughter, the beneficiary of this Trust, to select as she may desire from and among any or a11 i_tems of personal property that she may wish or desire to retain for herself, the named Trustee is directed to sell a11 of said trust property, real (of whatsoever nature and kind wheresoever situate) , personal and mixed, at public or private sa1e; .� (B) To invest the proceeds of said s�le or sales in accounts, � notes , certificates or deposit, money market certificates, or the 1ike, such investment to be for purposes of producing the greatest N � '� �`i return on the dollar invested, as issued or held at a bank or other institution insured by the Federal Deposit Insurance Corporation or �.,J ;�, the Federal Savings and Loan Insurance Corporation; said bank or banks to be of TrusteeTs own choosing; � (C) To pay to himslef, as Trustee, in quarterly installments , � a11 of the interest then produced by the invested principal f�r the ,� \�' benefit of my child, to be expended for the necessary maintenance, �, \) 1._.. � support, elothing, food, medical expenses , educational expenses, Itransportation expenses, etc, , of my daughter, the beneficiary of the Trust hereby created and established; (D) To invade the principal Trust and to pay so much of the principal as may be necessary, in the sole discretion of the Trustee, for any extraordinary medical, educational, or other maintenance expenses of my child, such invasion of principal not to exceed the total of Fi.ve Per Centum (5/) of the principal sum per year, or such other or additional sum as may be required to meet the actual ex- penses indicated ; (E) The amount to be paid for the benefit of my sa.id child LAW OFFICES shall be determi.ned from time to time by the need of my said child, SNELBAKER. McCALE6 & ELICKER and the amounts and times of said payments sha11 be determined by Page '.['wo of Seven Pages � � such need, but in no event, shall such payments be less frequently � , than quarterly. The said payments, or any part thereof, may be made by my said Trustee directl_y to my said child, if in the opinion of my Trustee such child is of s�ieh age and abi.lity to handle praperiy the funds so paid to the chi.l.d, or may be made by my Trustee directly to an institution entitled to such payment by reason of services rendered or to be rendered ta my chi.ld. In making the aforesaid payments, my said Trustee shall give consider- ation to the individual needs of my said chi.ld and to other sources of income availab.le to such chi.ld; i ' � (F) If it is the desire of my daughter CHERYL ANN SMITH to �. , f urther her education after graduation from High Schoal , and her ! � abilities gain her admission to a tuition institution, or other �— � \,J � insitution for which fees are demanded or required, my said Trustee is hereby empowered and authorized to make appropriate distribution � � of income, or of invaded principal over the annual limit and as set ci I ! forth in sub-section (D) above, for and on account of the actual � i , �� costs of such educational expenses; y�\ � (G) Upon the attainment of the age of twenty-two (22) years by my child, a lump sum distribution of principal of the aforesaid Trust in th.e amount of one-third (1./3) of such original principal sum shal.l be distributed to such child, with the quarterly payments of interest to continue as being produced by the remaining balance of principal as described hereinabove, (H) l7pon the attainment of age twenty-six (26) years by my said chi.ld, a second 1_ump sum distribution of pr.incipal of the aforesaid Trust in the amount of one-third (1_/3) of such original principal sum sha11 be distributed to such child, with the quarterly payment of inter.est to continue as being produced by the remaining balance of principal as described hereinabove; LAW OFFICES (I) U[�on the attainment of age thirty (30) years by my said SNELBAKER. McCALEB & ELICKER Page Thr.ee of S�ven Pages child, al1 of the rest and remainder of the invested principal of such Trust as hereby created shall be distributed, free of Trust, t such child, and any and all additional interest, earnings, or other sums as developed by or through the invested principal, shall be released and paid over to my said child for her sole �se and benef i , absolutely and free of Trust. F IFTH I hereby name, constitute and appoint my brother, JOSEPH M, REYNOLD , as Trustee of the aforesaid Trust as created for the benef it of my chi.ld CHERYL ANN SMITH, and further, as Guardian of the estate of my said minor child. Said Guardian/Trustee shall have all powers as provided � �. by law and specifically shall have the power to use the income a.nd the � principal of the aforesaid Trust for the maintenance, support, medical ^� expenses and education of my said child, as hereinabove more specificall � set forth. �� SIXTH �' I hereby name, constitute and appoint my brother, JOSEPH M, � REYNOLDS, as Guardian of the person of my said child CHERYL ANN SMITH. � SEVENTH � -,�� I hereby name, constitute and appoint my brother, JOSEPH M, i �4� REYNOLDS, as Trustee of those funds and Trust as established by the provisions contained hereinabove. EIGHTH I direct that no Trustee, Executor, Guardian, or other fiduciary named, nominated, or appointed in this , my Last Will and Testament, shall be required to post any bond or give any security of any type for any purpose whatsoever, any law or rule of Court of the Commonwealth of Pennsylvania or any other jurisdiction to the contra.ry notwithsta.nding. N INTH In the event JOSEPH M. REYNOLDS, as named hereinabove as Trustee L4W OFFICES and Guardian, should not survive my decease or should. not live to fulfi 1 SNELBAKER, McCALEB & ELICKER the duties and responsibilities imposed hereby, then and in that event Pa.ge Four of Seven Pages I name, constitute and appoint ORMOND N. SMITH of Staten Island, New york, as my alternate Trustee and Guardian. TENTH Any and al.l payment or payments of any sum or sums , whether for principal or income, payable to my said child, my issue, or any other beneficiaries herein, or any of them, sha11 be made upon the sole receipt of the respective individual to whom the payment is made, and such sha.11 be f ree from anticipation, alienation, assignment, attachment, and p.ledge, and free f rom control by the creditors of any such benef icia . A.11 shares of principa.l and income herein given shall be free f rom anticipation, assignment, pledge or ob.ligations of any beneficiary and I shall not be subject to any execution or attachment. ELEVENTH I hereby name, constitute and appoint my husband, EUGENE I, SMITH, as the Executor of this, my Last Wi.11 and Testament. In the event that my husband should not survive my decease or should not .live to comp.lete the settlement of my estate, then and in that event I name, constitute and appoint JOSEPH M. REYNOLDS, of Locust Valley, Long Island, New York, as my alternate Executor. My Executor or alternate Executor is authorized and empowered to se11 any rea.l estate which I may own at the time of decease at either public or private sa1e, whichever in his apinion sha11 be in the best interest of my estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my � Last Wi1.l and Testament this �1 — day of ��""0""yr , 1.981. / ,¢-�,/ , �--7 �...�,la�-,,l...,cY o r��.¢-�`�--c_ . ^_�-�Z..,_r Rosemar ' J. ith LAW OFFICES SNELHAKER, McCALEB & ELICKER page Five of Seven Pages . . . . i � ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA 1 . SS. COUNTY OF CUMBE RLAND ) I, ROSEMARY J. SMITH, Testatrix, 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 Wil1 and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to and� acknowledged before me by ROSEMARY J. SMIT , Testatrix, this ��"� day of �--1 '-�-"��u� , 1981. Sworn and subscribed to before me this �7�� day of �.��u�� , 1981. ( �''`'' �/�� SEAL) C � �CZ�L'Lyc? �n O� GfLCt.-�Y'� � Notary Public My commission expires : Ff'-�. �7, �� ''� CATHARINE E. BOUSUM, NOTARY PUBLIC h�':ECHA��`ICS3�'RG �ORO!IGi=. CUf�la'cNLAND C��1fiTY MY C(Y�v;MIS?::i'.�! Fx='i�F` f c(3. 27, 1982 LAW OFFICES SNEL6AKER, McGALEB & E�ICKER , Page Six of Seven Pages ! I AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) , SS. COUNTY OF CUMBERI;AND ) We� MARK S. SILVER � SUSAN ANN McCOY , and CATHARINE E. BOUSUM , the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to 1aw, do depose and say that we were present and saw Testatrix sign and execute the instrument as her Last Wi1.1 and Testament; that she signed wi.11ingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight o.f' the Testatrix signed the [ai11 as witnesses; and that to the best of our knowledge the Testatrix was at that time eighteen (18) or more years oi age, of sound mind and under no constraint or undue influence, Sworn or affirmed to and subscribed to before me by �� S• SILVER , SUSAN ANN McCOY , and CATHARINE E. BOUSUM s�-E; � �: � witnesses, this �l� day of `-�.�-��*�--�� -_ , 1981. i ----- W i t n e s s"_----------�--- ---- >° �` 'i ; � Gx.; �', ,s.� �.�/�—=".x=— — � —��----�_-- ------ Witness � �.��,� �I�'°��u.��e.. ----- Witness Sworn and subscribed to before me, a Notary Public, this �� day o f �,.-�'-�a,u 2'u{�-. , 19 81. ��C�cz�zl�`o � /�ruQ,u-�-�., (SEAL) Notary Public My commission expires : ��-b d7, '��'`� CATHARINE E. BOUSUM, NOTARY PUBIIC LAW OFFICES MECHA`�ICSl3URG BOROU�F�� SNELBAKER, CUfv16ERLAND COUNTY McCALEB & ELICKER �ty r,�MA�ISS�'�Pa ExP1n:F� FEB. 27, 1982 Page Seven of Seven Pages l