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HomeMy WebLinkAbout03-17-05 PETITION FOR PROBATE and GRANT OF LETTERS Estate of' ~fI."e 6<.vlllto /::.LIIV ~ No. J/ - ():s - 2-~ I also known as K To: r:d:-:OJf0? F . LI AJ ~ , Dfceased. Social Security No. I q z.- /'1- roz. ( (p . Register of Wills for the County of [0J'H6tA.LA;...;o in the Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of ag/: or older an the executRI)( in the last will of the above decedent, dated te""'~~ h-tIt..... W. and codicil(s) dated named ,19~ (state relevant circumstances, e.g. renunciation, death of executor, etc.) CouIill', Pennsylvania, with h I~ Jt{eJlbbLO D) IV~ / I ", K U..t?AJ I.UlUf f" ~f' (list street, number and muncipality) Decendent, theA ~Z yearspfage, died FE~Rl/II/If...Y 13 ,1~o.s, at t!PL.icl JII~;_ /lbJ'jJ 1-121 t- . Exc~pt as ollows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: 4(/0 , bOO. trt7 , $ $ $ $ WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codiCil(s) presented herewith and the grant of letters -r6f.,-A M€/C./tlJ/t",/ . ,.' " (testamentary; administration c.La.; administration .d.b.n;.~.~.a.) theron. ~ 12 y~~~ "'... Qq~ -g.g ct1 0';: 3~ '" '- ;:;0 0; <: 00 Ci'i C'fllI51'11-/e:. H, k<"'ljV~ CZ~1 ;~:: r~ JJ</~~q zj'; OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PEN,YLVANIA I ss COUNTY OF (.vu{teJlllfJV . J The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well ~'7;rulY admini the est t::cording to law. Sworn to ,or affi,rmed, and ,subscribed {~ .,~ ~ before me this \ \~ day of ~. ~~~~ ! REGISTER OF WILLS~QF COUNTY OATH OF SUB~BING WITNES '- . "I ''',,"- c ~ ',. (each) a bscribing witness to the resented herewith, (eachf"being duly qualified acc ding to '. law, depose and say(s) that present an saw ""'~ " '~''-\ .'..... ~ -'. '\'. the testat the same and that request of testat_ in other subscribing witness(es)). \, \~gned as a witness at the resence of each other) (in the presence of the "\ . Sworn to or affirmed and subscribe me this , "\'" (Name) " ", "........ (~dress) Register "- (Name) (Address) REGISTER OF WILLS OF CuntkL-IlNO COUNTY OATH OF NON-SUBSCRIBING WITNESS _ fvbD J't1 \ 4}1R.~vJ AN!) LFlU~fJ. J. B (flu}. :; , (each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and s~(s{"that --r1t...e...t / 13K!.. e familiar with the signature of ~Oj(" G:)(,vRA.b KLIAJ~, f ~dieil . testat~ of .{efte \.it- the sttbse:ribilig witliesses t6) the will presented herewith and codicil believes the signature on the will is in the handwriting of fA -<- ., &OI{0~ to the best of -1"~ tJ R that ~1>LuI9)(.b kLJN6 knowledge and be~ Sworn to or affir~,and subscribed before me this \ 1 day of (Name) . \4.9_ 7'1 C~M../.T ~)ve I D116hu~ J fA I.~ rl~ (/ (Name) /47 A ()L.]) ]rJlt{, R/J14"b 0AJ(bAJ6I.S, fll J11j~ (Address) -"; >,~".-\-;,;.>:,~,~i1il;@t;" "'"~';;";;.1.t~'1i;.:~~:;;;,c-"-:."""':;t.."';""-:;:"'r"-'.,,,,,,,,",,-':'~'~';;4~.j..,.~-r&;-)~,.j",^i':- '~;.~-.f..:i~{L.;.;,i;.....;,.,.-~~.~"...,~~~~.c~-~~~...;;;,~:...~;~,;)l~-~'~"10iiM.r.i:~ No.~/ -OS--c2..~1 Estate of ~rthl ~'bWAIZi) KLIJ0 t , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW '\'0o..A...c ~ \ I ~ ~_, in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated Q -;)..0 - ,qqq described therein be admitted to probate and filed of re ord as the last will of and Letters are hereby granted to (' 1\ 1\ 1 ~ ~ -.tl FEES 15 -DO ~bate, Letters, Etc. ......... $ ~I{) .OU Short Certificates(6) . . ., . . . . .. $,.14. dO ~~~! 0:-:-'.. $ 5 oD .\Cp $)0.00 TOTAL _ $ 4iDLf. 00 Filed .;:3. ~ ! .J. -:-. q.~ . . . . . . . . . . . . . . . . . . \.kLL~ J ~ ~iUNA" ..'),,~~L R'gi"~ of wu. 'P^ l(r ~ 1#o.."lJ J, 1l1f/UIuJ BtJl '13 ~ ATIORNEY (Sup. Ct. 1.0. No.) 5'SZt {)1~L,ljlk 1, 'b. ADDRESS N€CHII)vI(,StrJ;t(~ f~ 17tJ$D PHONE /17... ~97- ,~bO LAST WILL AND TESTAMENT OF GEORGEE. KLINE I, GEORGE E. KLINE, of 140 Terrace Drive, Chatham Township, New Jersey 07928, revoke any prior wills and codicils and declare this to be my Will. ARTICLE I Family Information My children born before the date of my Will are: Christine M. Kline Stephen G. Kline Jane E. McCaddin Mary T. Kelly Kevin E. Kline Michael J. Kline Patricia A. Kline Matthew J. Kline ARTICLE n Tangible Personal Property A. Memorandum of Wishes. I may leave a writing disposing of some or all of my tangible personal property. If I do so, and the writing can be incorporated by reference into this Will or otherwise be legally binding, I direct that it be incorporated or followed and prevail over the disposition below in this article. If the writing is not legally binding, I request that my wishes be followed. This provision shall apply whether the writing is executed before or after this Will. Co) -1- B. General Gift of Tangibles. I give all my tangible personal property (other than items effectively disposed of above) as follows: 1. My Executor may sell any of my tangible personal property that my Executor (excluding, however, any Executor who is a descendant of mine) may determine I would not wish to have preserved for my descendants, and shall add the proceeds of any such sale to my estate. I give the balance of such property to my descendants who survive me, per stirpes. C. Survivorship. Except when I may have specifically provided otherwise, any gift to an individual under this article shall take effect only if the individual survives me, and no anti-lapse rule shall apply. D. Gift Includes Insurance. A gift of property under this article includes my rights under any insurance policies related to such property or the proceeds of such policies. ARTICLE ill Residue A. Descendants. I give my residuary estate, real and personal, to my descendants who survive me, per stirpes. ARTICLE IV Takers of Last Resort My Executor shall distribute any property that is not otherwise disposed of under my Will to the persons who would have inherited my personal estate, and in the shares that they would have inherited it had I died a resident of the State of New Jersey, unmarried and without a valid will, on the date on which expires the interest of the last beneficiary of the property under this Will. ARTICLE V Payments to Minors Whenever income or principal becomes for any reason distributable to a person -2- under twenty-one (21) years of age (described herein as the "Minor" regardless of the actual legal age of majority), my Executor may make the distribution in any way in which my Executor shall deem appropriate, including (but not limited to) those enumerated in this article: A. Distribution to Trust. My Executor may hold the property in a separate trust for the Minor until the Minor attains twenty-one (21) years of age. My Executor may distribute to the Minor as much of the net income and/or principal of the trust as my Executor may from time to time determine, for any purpose, annually adding to principal any undistributed net income. When the Minor reaches twenty-one (21) years of age, my Executor shall distribute the property to the Minor, if then living, or otherwise: 1. to the Minor's descendants surviving the Minor, per stirpes; or in default thereof, 2. if the Minor was a grandchild or more remote descendant of mine, to the descendants then living, per stirpes, of the Minor's nearest ancestor who was a descendant of mine with issue then living, or in default thereof or if the Minor was a child of mine, 3. to my descendants then living, per stirpes. B. Distribution to Custodian. My Executor may distribute the property to a custodian under any state's version of the Uniform Transfers (or Gifts) to Minors Act, including a custodian selected by my Executor. My Executor may select any age for termination of the custodianship permitted under the Act, giving due consideration to selecting twenty-one (21) years of age if that is permitted. C. Distribution to Donee of a Power During Minority. My Executor may actually distribute the property to anyone serving as Trustee under this Will, in a manner so that it then vests in the Minor, to hold the same as donee of a power during minority, such donee to have all the powers of a Trustee under this Will (including the power to apply the property for the Minor) and to be compensated as if the property were a separate trust, but with no duty to account to any court periodically or otherwise. -3- D. Distribution to a Guardian of a Minor's Property. My Executor may distribute the property to a guardian of the Minor's property. E. Distribution to a Minor's Parent. My Executor may distribute the property to a parent of the Minor even if the parent does not assume any formal fiduciary capacity concerning the property. F. Distribution Directly to a Minor. My Executor may distribute the property directly to the Minor if the Minor has attained fourteen (14) years of age and has the practical capacity to own the type and amount of property in question. G. Exoneration of Fiduciary for Distributions for Minor. My Executor shall be free from any responsibility for the subsequent disposition of the property if it is distributed in one of the ways specified in this article. ARTICLE VI Retirement Benefits The following provisions concern Qualified Retirement Benefits that become distributable under this Will (whether directly or through my estate) by reason of my death. "Qualified Retirement Benefits" means amounts held in or payable pursuant to a plan (of whatever type) qualified under Code Sec. 401 or an individual retirement arrangement under Code Sec. 408 or Code Sec. 408A or a tax-sheltered annuity under Code Sec. 403 or any other benefit subject to the distribution rules of Code Sec. 40 1 (a)(9). A. Selection of "Payout Schedule". The Trustees may in the Trustees' absolute discretion exercise any right to determine the manner and timing of payment of Qualified Retirement Benefits that is available to the recipient of the benefits, but the Trustees must exercise such rights in a manner consistent with the federal income tax rules regarding required minimum distributions under Code Sec. 401(a)(9). -4- ARTICLE vn Payment of Death Taxes A. All Apportioned Except Preresiduary Gifts. All estate, inheritance, legacy, succession, generation-skipping, or other wealth transfer taxes (other than any additional estate tax imposed by Code Sec. 203 1 (c)(5)(C), Code Sec. 2032A(c) or Code Sec. 2057(f) or any generation-skipping transfer tax on any generation-skipping transfer other than a direct skip, or comparable taxes imposed by any other taxing authority) that result from my death and that are imposed by any domestic or foreign taxing authority with respect to property passing under this Will, together with interest and penalties on those taxes, shall be charged against and paid without apportionment out of the residue of my estate as an administration expense with no right of reimbursement from any recipient of any such property. Such taxes on property not passing under this Will shall be apportioned to and paid from such property by those succeeding to such property, taking into account the provisions of any instrument governing such property, the provisions of the Internal Revenue Code, and any provisions, of other applicable law apportioning such taxes. B. Modifications. However, the following clarifications and/or modifications of the general rule set forth in the preceding paragraph shall apply: 1. All taxes generated by my residuary estate shall be apportioned within my residuary estate to the share or shares generating the tax, but shall not be apportioned between current and future interests such as a life estate and remainder even if one and not the other is taxable. 2. The tax on any property over which I had a general power of appointment and which is included in my gross estate under Code Sec. 2041 whether or not the power is exercised shall be apportioned and paid in the manner provided by the Internal Revenue -5- Code and applicable law, provided that if the general power is exercisable by this Will, I hereby exercise the power to the extent of directing the recipient or recipients ofthe property to which this power of appointment relates to pay to or on behalf of my Executor all the additional tax at the marginal rate caused by its inclusion and not just its proportionate share of tax at the average rate. However, this shall not apply to taxes on property included in my gross estate solely because I had a withdrawal right over a fractional share or pecuniary portion of the property, limited to the amount set forth in Code Sec. 2514(e)(1) (currently, five thousand dollars ($5,000.00)) or the percentage set forth in Code Sec. 2514(e)(2) (currently, five percent (5%)), which shall be paid out of my estate as an administration expense, without apportionment and with no right of reimbursement from the recipient or recipients of the property to which this power of appointment relates, and before any determination of my residuary estate or of any shares or interests therein. 3. Taxes on Qualified Retirement Benefits shall be paid out of my estate as an administration expense without apportionment and with no right of reimbursement from the recipient or recipients of these benefits, and before any determination of my residuary estate or of any shares or interests therein. C. Reference to Code. I hereby make specific reference to Code Sec. 2207 A (concerning tax on QTIP property), Code Sec. 2207B (concerning tax on property included under Code Sec. 2036), and Code Sec. 2603(b ) (concerning the generation-skipping transfer tax under Chapter 13) and to corresponding provisions of state law and I direct that they shall apply to the extent they are consistent with the above, and shall not apply to the extent they are inconsistent with the above. D. Apportionment Prevails Over Abatement. If payment of taxes from my residuary estate in accordance with the foregoing exhausts my residuary estate, the balance of tax due shall be apportioned in accordance with the rules of tax apportionment rather than the rules of abatement. -6- ARTICLE VIII Executors A. Initial Appointments. 1. I appoint Christine M. Kline, my daughter, to be an Executor of this Will. 2. Multiple Executors, whether named by me or by another Executor, shall serve together and each may serve even if one or more of them shall fail or cease to serve for any reason. B. Successors. 1. I appoint Stephen G. Kline to be the Successor Executor of this Will if and when all persons I have previously named shall fail to qualifY or cease to act. 2. Any reference to "Executor" includes any successor, unless expressly indicated. 3. A successor Executor shall be entitled to serve based on the following rules: a. first, each Executor named by me in this Will shall be entitled to serve; b. second, a successor Executor named by me in this Will shall be entitled to serve; c. third, a then-serving Co-Executor effectively appointed by another Executor shall be entitled to continue serving; d. fourth, a successor effectively appointed by another Executor shall be entitled to serve. C. Additional Provisions Regarding Changes in Fiduciaries. 1. Any Executor may resign at any time without court approval and whether or not a successor has been appointed. -7- 2. Each individual Executor (including successors) shall have the right to appoint a successor individual Executor by an instrument in writing, such appointment to take effect upon the death, resignation or incapacity of the appointing Executor. An appointment may be changed or revoked until it takes effect. If I have named a successor or successors to the appointing Executor in this Will, the appointment of a successor under this paragraph shall take effect only if and when all persons that I have appointed fail to qualify or cease to act. 3. The individuals (and any corporation) acting as my Executor may at any time acting unanimously by written instrument appoint an individual or a corporation with fiduciary powers as a Co-Executor. 4. If the office of Executor is vacant, and no successor takes office pursuant to any other provision of this Will, an individual or corporation with fiduciary powers may be appointed as Executor by a majority of my adult descendants then living and competent. 5. An Executor may be appointed pursuant to this article for a limited purpose or to hold only specified powers. D. Accountings and Other Proceedings. 1. I direct that my estate be subject to independent administration with as little court supervision as the law allows. My Executor shall not be required to render to any court annual or other periodic accounts, or any inventory, appraisal, or other returns or reports, except as required by applicable state law. My Executor shall take such action for the settlement or approval of accounts at such times and before such courts or without court proceedings as my Executor shall determine. My Executor shall pay the costs and expenses of any such action or proceeding, including (but not limited to) the compensation and expenses of attorneys and guardians, out of the property of my estate. 2. I direct that in any proceeding relating to my estate, service upon any person under a legal disability need not be made when another person not under a disability is a party to the proceeding and has the same interest as the person under the disability. The person -8- under the disability shall nevertheless be bound by the results of the proceeding. The same rule shall apply to non-judicial settlements, releases, exonerations, and indemnities. E. Fiduciary Powers. My Executor may, without prior authority from any court, exercise all powers conferred by this Will or by common law or by any fiduciary powers act or other statute of the State of New Jersey or any other jurisdiction whose law applies to this Will. My Executor shall have absolute discretion in exercising these powers. Except as specifically limited by this Will, these powers shall extend to all property held by my Executor until the actual distribution of the property. The powers of my Executor shall include the following powers: 1. My Executor may sell or exchange any real or personal property contained in my estate, for cash or credit, at public or private sale, and with such warranties or indemnifications as my Executor may deem advisable. 2. My Executor may grant security interests and execute all instruments creating such interests upon such terms as my Executor may deem advisable. 3. My Executor may make all tax elections and allocations my Executor may consider appropriate, including any election to treat a revocable trust created by me as part of my estate for income tax purposes; however, this authority is exercisable only in a fiduciary capacity and may not be used to enlarge or shift any beneficial interest except as an incidental consequence of the discharge of fiduciary duties. Tax elections and allocations made in good faith shall not require equitable adjustments. 4. My Executor may distribute any of my estate to a beneficiary under twenty-one (21) years of age by distribution to any appropriate person (who may be an Executor) chosen by my Executor as custodian under any appropriate Uniform Transfers (or Gifts) to Minors Act, to be held for the maximum period of time allowed by law. My Executor may also sell any asset that cannot be held under this custodianship and invest the sales proceeds in assets that can be so held. -9- 5. My Executor may divide and distribute the assets of my estate in kind, in money, or partly in each, without regard to the income tax basis of any asset and without the consent of any beneficiary. The decision of my Executor in dividing any portion of my estate between or among multiple beneficiaries shall be binding on all persons. 6. My Executor (excluding, however, any Interested Trustee) may allocate receipts and disbursements to income or principal in such manner as my Executor (excluding, however, any Interested Trustee) shall determine, even though a particular allocation may be inconsistent with otherwise applicable state law. My Executor shall follow any direction by the Trustees of a trust (excluding, however, any Interested Trustee) with respect to allocations affecting property passing to that trust. 7. My Executor (excluding, however, any Interested Trustee) may amortize in whole or in part the premium on securities received or purchased at a premium, or treat as income the gross return from such securities. I anticipate (but I do not direct) that the Trustees will consider amortization when failure to amortize would result in a substantial impairment of principal. My Executor shall follow any direction given by the Trustees of a trust (excluding, however, any Interested Trustee) with respect to amortizations affecting property passing to that trust. F. Exoneration from Security. No Executor shall be required to give bond or other security in any jurisdiction, and if despite this exoneration a bond is nevertheless required, no sureties shall be required. G. Additional General Provisions Regarding Fiduciaries. 1. Except to the extent specifically provided otherwise in this Will, references to my Executor shall, in their application to my estate, refer to all those from time to time acting as Executors and if two or more Executors are eligible to act on a given matter they shall act by majority. -10- 2. Individual Executors shall receive compensation in accordance with the laws of the State of New Jersey in effect at the time of payment, unless the Executor waives compensation. A corporate Executor shall be compensated by agreement with the individual Executor or in the absence of such agreement in accordance with its fee schedule as in effect at the time of payment. I authorize a corporate Executor to charge additional fees for services it provides to my estate that are not comprised within its duties as Executor, for example, a fee charged by a mutual fund it administers in which my estate invests, or a fee for providing an appraisal, or a fee for providing corporate finance or investment banking services. I also recognize that a corporate Executor may charge separately for some services comprised within its duties as Executor, for example a separate fee for investing cash balances or preparing tax returns. Such separate charges shall not be treated as improper or excessive merely because they are added on to a basic fee in calculating total compensation for service as Executor. Insurance proceeds and retirement benefits payable to my estate shall not be subject to Executor's compensation. 3. No Executor shall be liable to anyone for anything done or not done by any other Executor or by any beneficiary. 4. The fact that an Executor is active in the investment business shall not be deemed a conflict of interest, and purchases and sales of investments may be made through a corporate Executor or through any firm of which a corporate or individual Executor is a partner, shareholder, proprietor, associate, employee, owner, subsidiary, affiliate or the like, and property of my estate may be invested in individual securities, mutual funds, partnerships, private placements, or other forms of investment promoted, underwritten, managed, or advised by an Executor or such a firm. 5. My Executor may employ and rely upon advice given by investment counsel, delegate discretionary investment authority over investments to investment counsel, and pay investment counsel reasonable compensation in addition to fees otherwise payable to my -11- Executor, notwithstanding any rule oflaw otherwise prohibiting such dual compensation. My Executor may but need not favor retention of assets originally owned by me. My Executor shall not be under any duty to diversify investments regardless of any rule oflaw requiring diversification. My Executor may retain and acquire property that does not produce income, subject to any restrictions or qualifications ofthis power set forth elsewhere in this Will. 6. The fact that an Executor (or a firm of which an Executor is a member or with which an Executor is otherwise affiliated) renders legal or other professional services to my estate shall not be deemed a conflict of interest, and my Executor may pay fees for such services to such Executor or firm without prior approval of any court or any beneficiary and whether or not there is a Co-Executor to approve such payment. An attorney or other Executor who also renders professional services shall receive full compensation for both services as Executor and the professional services rendered, except as specifically limited by law. 7 . No state law restraint on acts of self-dealing by a fiduciary shall apply to an Executor who is a descendant of mine. Except when prohibited by another provision of this Will, such an Executor may enter into transactions on behalf of my estate in which that Executor is personally interested so long as the terms of such transaction are fair to my estate. For example, such an Executor may purchase property from my estate at its fair market value without court approval. 8. Any Executor may delegate to a Co-Executor any power held by the delegating Executor, but only if the Co-Executor is authorized to exercise the power delegated. A delegation may be revocable, but while it is in effect the delegating Executor shall have no responsibility concerning the exercise of the delegated power. ARTICLE IX Definitions and Miscellaneous Provisions The following definitions and miscellaneous provisions shall apply under this Will: -12- A. Determining Descendants. One's children and other descendants shall be determined according to applicable law, except to the extent modified by this paragraph or by any other specific provision of this Will. 1. A child adopted before he or she attains eighteen (18) years of age (but not after attaining that age) shall be treated under this Will as a child and descendant of his or her adopting parents and their ancestors. 2. A biological child shall not be treated as a child or descendant of any biological parent of the child or of the ancestors of such biological parent, if the child has been surrendered for adoption with the consent of such biological parent and the child's adoptive parent substitutes for such consenting parent under applicable state law. 3. A biological child born out of wedlock shall not be treated as a child or descendant of his or her biological parents or of their ancestors unless and until the child's biological parents marry one another before the child attains eighteen (18) years of age. 4. Adoptions and marriages that are recognized under this Will shall not affect prior distributions or other interests that have previously vested in possession, but they shall enable a person to receive distributions from or remainder or other interests in a trust still in existence. The descendants of a person who is treated as a child or descendant under this article, shall also be treated as descendants of such person's ancestors. The descendants of a person who is treated as not being a child or descendant under this article, shall also be treated as not being descendants of such person's ancestors. B. Tangible Personal Property. The term "tangible personal property" does not include personally held art, antiques, stamp and coin collections, and other collectibles. Such term does not include property primarily held for investment purposes, nor does it include any property held for use in a trade or business, ordinary currency and cash, or bullion. e. Per Stirpes. Property that is to be divided among an individual's surviving or then living descendants /'per stirpes" shall be divided into as many equal shares as there are -13- children of the individual who are then living or who have died leaving surviving or then-living descendants. A share allocated to a deceased child of the individual shall be divided further among such deceased child's surviving or then-living descendants in the same manner. D. Minor and Adult. Whether an individual is a minor or an adult shall be determined under the laws of the individual's domicile at the time in question, except in cases when this Will has specifically defined "Minor" to mean a person under twenty-one (21) years of age. E. Survivorship. Any beneficiary hereunder who dies within thirty (30) days following the date of my death or the termination of or distribution from any trust under this Will for which entitlement the date of this beneficiary's death shall be relevant, shall be deemed to have predeceased me or to have died before the termination of or distribution from that trust, as the case may be, for all purposes of this Will. F. Code and Regulations. References to the "Internal Revenue Code" or "Code" or to provisions thereof are to the Internal Revenue Code of 1986, as amended at the time in question. References to the "Regulations" or "Regs" are to the Treasury Regulations under the Internal Revenue Code. Ifby the time in question a particular provision of the Internal Revenue Code has been renumbered, or the Internal Revenue Code has been superseded by a subsequent federal tax law, the reference shall be deemed to be to the renumbered provision or the corresponding provision of the subsequent law, unless to do so would clearly be contrary to my intent as expressed in this Will, and a similar rule shall apply to references to the Regulations. G. Gross Estate. "Gross estate" means my gross estate as determined for federal estate tax purposes (or for state death tax purposes where relevant). IN WITNESS WHEREOF, I have hereunto subscribed my name on this 20th day of September. -14- Signed, sealed, published and declared by GEORGE E. KLINE, the testattix above named, as and for her Codicil to the last will and testament, in our presence, and we in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses: Witnesses: Address: 166 South Street, New Providence, N.J. ~ ~ 1 J ~842 Adam Circle, Plainfield, N.J. Carmen Carlson, Witness -15- ST A TE OF NEW JERSEY ) ) ss: COUNTY OF MORRIS ) I, George E. Kline, the testator, sign my name to this instrument this 20th day of September, 1999, and, being duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my Will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen (18) or more years of age, of sound mind, and under no constraint or undue influence. / /~ /. ,L )ieot1i'e E. ine ~/cL We, 0~ t.~~ and (A~R..",~n ~ r 1=:5<::S\ , the witnesses, sign our names to this instrument and, being duly sworn, do hereby declare to the undersigned authority that the testator signs and executes this instrument as himself, and that he signs it willingly (or willingly directs another to sign for him), and that each of us, in the presence and hearing of the testator, hereby signs this Will as witness to the testator's signing, and that to the best of our knowledge, the testator is 18 or more years of age, of sound mind and under no constraint or undue influence. ~~ . Tl10 b/\....(. , Witness ~~ , Witness -16- STATE OF NEW JERSEY ) ) ss: COUNTY OF MORRIS ) Subscribed, sworn to and acknowledged before me by George E. Kline, the Testator, and subscribed and sworn to before me by ::.r-~ ~ T~~o.v. and e~.o.-J C4a... ("'o..-J , witnesses, this 20th day of September, 1999. -17-