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Home My WebLink About03-17-05 (2) ,e C:\WP51\CSG\DOCUMENTS\ADM.WIL (KSC) september 30, 1997 Ql ~ c;'? 0"' c...- "'~'.'.'~ ~",.. ......- ;1?\ --:,-0 '() ::.'.\~~) \ t~) LAST WILL aNn IfESTAMENT \') .r;.- --\.{~.:~ , -~r"1 ALICE D. MOONEY ..-.() /j :;~,. (1' --;: ~~\ ('.) ;:- I, Alice D. Mooney, of Enola, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last will and Testament, hereby revoking all wills and Codicils by me at any time made. ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my Estate or by any recipient of any property, shall be paid by my Executor out of the property passing under this Will, which is not specifically devised or bequeathed, as an expense and cost of administration of my Estate. My Executor shall have no duty or obligation to obtain reimbursement for any such tax paid by my Executor even though on proceeds of insurance or other property not passing under this will. ITEM II: I hereby exercise all powers of appointment which I may have at the time of my death in favor of my Executor, and all property subject to all such powers shall be included in my Estate. ITEM III: I give and bequeath all my household furniture and furnishings, automobiles, books, pictures, jewelry, china, linen, silverware, wearing apparel and all other like articles of household or personal use and adornment to my children, Richard J. Mooney, of Salt Lake City, utah, Robert E. Mooney, of Roswell, Georgia~ Patricia M. Dicke, of Huntington, New York, and James C. Mooney, of Enola, Cumberland County, survive me, my Executor shall distribute that child's share to his or her issue, per stirpes. ITEM IV: I give, devise and bequeath all of the rest, residue and remainder of my property, real, personal and mixed, to my children, Richard J. Mooney, Robert E. Mooney, Patricia M. Dicke, and James C. Mooney, if they survive me, to be distributed among them by my Executor, with each child receiving such share of my estate as is provided in the following schedule, the smallest share being equal to 12(x)": Number of Shares (a) Richard J. Mooney 2(x) (b) Robert E. Mooney 3 (x) (c) Patricia M. Dicke 4 (x) (d) James C. Mooney [2(x) - $30,000] Provided, however, that James C. Mooney's share shall in no event be determined to be less than One ($1.00) Dollar. In the event that the above calculation determines that James C. Mooney is entitled to less than One ($1.00) Dollar, then I give, devise and bequeath all the rest, residue and remainder of my property, real, personal, and mixed as follows: Number of Shares (a) Richard J. Mooney 2 (x) (b) Robert E. Mooney 3(x) (c) Patricia M. Dicke 4 (x) (d) James C. Mooney $1.00 Further, if any of my children does not survive me, then I direct that my Executor shall distribute that child's share to his or her issue, per stirpes. ITEM V: In the settlement of my Estate, my Executor ah::oll nnaaoaa ::omnnn n+-ho'l'"C! +-ho Tnllnw;nn nnwo'l'"C! +-n ho ovoron+-o~ estate or interest therein, whether owned by me severally or in conjunction with other persons or acquired after my death by my Executor, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor in this Paragraph V(a) or elsewhere in my will. (b) To pay all costs, taxes, expenses and charges in connection with the administration of my Estate. My Executor shall pay expenses of my last illness and funeral expenses. (c) To distribute my Estate in kind or in money. If any assets are distributed in kind, they shall be distributed at their respective value(s) on the date(s) of their distribution. (d) To retain any investments I may have at my death so long as my Executor may deem it advisable to my Estate so to do. (e) To vary investments, when deemed desirable by my Executor and to invest in such bonds, stocks, notes, money markets, real estate mortgages or other securities or in such other property, real or personal, as he shall deem wise. without beina restricted to (g) To borrow money from any party to pay indebtedness of mine or of my Estate, expenses of administration or inheritance, legacy, estate and other taxes. (h) To vote any shares of stock which form a part of the Estate and to otherwise exercise all the powers incident to the ownership of such stock. (i) In the discretion of my Executor, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of the Estate. (j) To distribute my personal property directly to the Guardian of the person of any minor beneficiaries hereunder. (k) To elect such settlement options as deemed most appropriate by my Executor with respect to any pension, profit sharing or other retirement plan in which I am a participant. (1) To engage accountants, attorneys, appraisers and other agents, as deemed necessary by my Executor, to render advice to and/or represent my Executor, as my Executor deems necessary and appropriate for the administration and preservation of my Estate. (m) To do all other acts in the judgment of my Executor necessary or desirable for the proper and advantageous management, investment and distribution of my Estate. ITEM VI: Any person who shall have died at the same time as Testatrix or in a common disaster with her, or under such circumstances that it is difficult or impossible to determine who died first. or who fails to survive Testatrix bv to act as Guardian of the assets payable to such person. Said Guardian may receive and administer all assets authorized by law and shall have full authority to use such assets, both principal and income, in any manner said Guardian shall deem advisable for the best interest of such person, including without limitation medical, hospital or nursing care, and college, university, post-graduate or other education, without securing court order. Said Guardian shall have all the rights and privileges as to the Guardianship and the assets thereof as are herein granted to my Executor as to my Estate and the assets therein. ITEM VIII: I nominate, constitute and appoint my son, James C. Mooney, to be my Executor. In the event of the death, resignation, refusal or inability of James C. Mooney to serve as my Executor, I nominate, constitute and appoint Richard J. Mooney, of Salt Lake City, utah, to serve as Executor. My Executor and Guardian are specifically relieved from the duty or obligation of filing any bond or bonds. IN WITNESS WHEREOF, I have set my hand and seal to this my Last will and Testament, consisting of this, the next and the 7J.,-M preceding four (4) pages this ~ day of September, 1997. SIGNED, SEALED, PUBLISHED AND DECLARED by the above named Testatrix, Alice D. Mooney, as and for her Will, in the presence of us, who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses in attestation thereof. ~ 1(: v!Jff- Address Jlo ~ "J:)':''ve AAA ~ I r> ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SSe : COUNTY OF DAUPHIN I, Alice D. Mooney, the 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 Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by Alice D. Mooney, the Testatrix, this 3P~ day of September, 1997. Al~L:~ ~,1 ~{2f~ Nary Public - My Commission Expires: A~IT Notarial Seal Denise B. Williamson, Notary Public Harrisburg, Dauphin County My Commission Expires May 1, 2000 COMMONWEALTH OF PENNSYLVANIA : : 55.: ~ COUNTY OF DAUPHIN : We ~.J ~<I~, . ~. fi!.Aj and Uawl j(. Re"r-L . the wi tnesse whose :a:.es are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will; that the Testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each SUbscribing witness, in the hearing and sight of the Testatrix, signed the will as a witness; and that to the best of our knowledge, the Testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. ~~rn t~ or afflSfed an~r(g..~ ribedto before .lII' ~.If -i ff(.' Jd ILl. ...1 and . .. z- ' , witnesses, -this 'C9M day of September, 1997. me by _ !l*~-R ~' Wi~S c A- (IlJ 5Xf wit lis.. ~