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(COPY FAIR)
LAST WILL AND TESTAMENT
OF
BARBARA McGILLVRAY
(aka Barbara B. McGillvray, Barbara J. McGillvray, Barbara Jean McGillvray)
I, BARBARA McGILLVRAY, of Upper Frankford Township, Cumberland County,
Pennsylvania, declare this to be my Last-Will and Testament and revoke any Will or Codicil
previously made by me.
ITEM I: I direct that all my just debts (except as may be barred by a Statute of Limitations)
and my funeral expenses (including my gravemarker and expenses of my last illness) shall be paid
from my residuary estate as soon as practicable after my decease as a part of the administration of
my estate.
ITEM II: I am presently not married (being WIDOWED) and I have one surviving child:
COLLEEN KEMP and 5 surviving Grandchildren ERIC McGILLVRAY, KEVIN McGILLVRAY,
MELANIE McGILLVRAY, MEGAN OLIPHANT AND MELISSA OLIPHANT. I make this will
in this context.
ITEM III: I bequeath those articles of my household furniture and furnishings and those
articles of my personal effects and personal property as I have or may set forth in a separate
memorandum (which is or will be sib red by me, dated and make specific reference to this Will and
memorandum, which I shall place with my Will or deposit with my attorney), to the persons therein
designated.
ITEM IV: I devise and bequeath all the residue of my estate of every nature and wherever
fah-./Ri �'� i
situate as follows:
A. 2/3 thereof shall go to my five Grandchildren, in equal shares per capita.
B. 1/3 -thereof shall go to the Trust for the benefit of my daughter, Colleen
Kemp.
ITEM V: Should any of my said grandchildren , predecease me his or her share shall lapse
and pass as part of the share of those grandchildren who survive me. If my Daughter, COLLEEN
KEMP shall predecease me her share shall pass as a part of the Residuary of her trust for the benefit
of Colleen's grandchildren (Alex, Emily, Kira, Lacy and Phoenix).
ITEM VI: If any property passes outright (either under this Will or otherwise) to a minor
(which shall be defined as anyone under twenty-five (25) years of age) and with respect to which I
am authorized to appoint a guardian and have not otherwise specifically done so, I decline to
appoint a guardian but instead authorize my Executor to distribute such property to a Custodian
selected by my Executor (and my Executor may act as such Custodian) as Custodian for the minor
under the Pennsylvania Uniform Transfers to Minors Act. Provided, however, that this
appointment shall not supersede the right of any fiduciary to distribute a share where possible to the
minor or to another for the minor's benefit.
ITEM VII: I direct that all taxes that may be assessed in consequence of my death, of
whatever nature and by whatever jurisdiction Unposed, shall be paid from my residuary estate as
part of the expenses of the administration of my estate.
ITEM VIII: I appoint my GRANDSON, ERIC B. McGillvray, Executor of this my Last
Will. Should he fail to qualify or cease to act as Executor , I appoint MY FRIEND, NICHOLE
KELLERT, Substitute Executor of this my Last Will.
2
ITEM IX: I direct that my Executor, custodian, or their successors, shall not be required to
give bond for the faithful performance of their duties in any jurisdiction.
ITEM X: The interests of the beneficiaries hereunder shall not be subject to anticipation or
to voluntary or involuntary alienation.
IN WITNESS WHEREOF, I hereunto set my hand and seal to this my Last Will and
Testament, written on ( ) sheets of paper, dated this day of
, 20 .
(SEAL)
BARBARA McGILLVRAY, TESTATRIX
(aka BARBARA B. McGILLVRAY, BARBARA J.
McGILLVRAY, BARBARA JEAN McGILLVRAY)
The preceding instrument, consisting of this and ( ) other typewritten
pages, each identified by the signature or initials of the Testatrix, was on the day and date thereof
signed, published and declared by the Testatrix therein named, as and for her Last Will, in the
presence of us, who, at her request, in her presence, and in the presence of each other have
subscribed our names as witnesses hereto.
residing at
residing at
COPY FAIR - WILL OF BARBARA McGILLVRAY, aka BARBARA J.
McGILLVRAY, BARBARA JEAN McGILLVRAY,BARBARA B. McGILLVRAY
3
-
COMMONWEALTH OF PENNSYLVANIA :
: ss.
COUNTY OF CUMBERLAND
I, BARBARA McGILLVRAY (aka BARBARA B. McGILLVRAY, BARBARA J.
McGILLVRAY, BARBARA JEAN McGILLVRAY) 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.
(SEAL)
BARBARA McGILLVRAY (aka BARBARA B.
MCGILLVRAY, BARBARA J. McGILLVRAY,
BARBARA JEAN McGILLVRAY)
Sworn to or affirmed and acknowledged
before me by(NAME), the
Testatrix, this day of
, 20 .
COMMONWEALTH OF PENNSYLVANIA :
: ss.
COUNTY OF CUMBERLAND
We, and , the witnesses whose
names are signed to the attached or foregoing instrument, being duly qualified according to law, do
depose and say that we were present and saw 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 the time
eighteen(18) or more years of age and of sound mind and under no constraint or undue influence.
Sworn to or affirmed and subscribed to
before me by and
, witnesses,this
day of , 20
Notary Public
4
PERSONAL PROPERTY MEMORANDUM TO
ACCOMPANY WILL OF BARBARA MVMcGILLVRAY
(aka BARBARA B. McGILLVRAY, BARBARA J. McGILLVRAY, BARBARA JEAN
McGILLVRAY)
As provided in ITEM II of my Will, I hereby designate that the following listed property shall go
to the persons whose names are designated hereon.
ITEM NAME
DATED: SIGNED:
BARBARA McGILLVRAY
(aka BARBARA B. McGILLVRAY,
BARBARA JEAN McGILLVRAY,
BARBARA J. McGILLVRAY)
(END OF COPY FAIR. — WILL OF BARBARA McGILLVRAY, aka BARBARA B.
McGILLVRAY, BARBARA J. McGILLVRAY,BARBARA JEAN McGILLVRAY)
AGREEMENT OF TRUST
of
FRED RICK B. MC GILLVRAY
and
BARBARA MC GILLVRAY
WHEREAS, WE, FREDRICK B. MC GILLVRAY and BARBARA MC GILLVRAY
of Cumberland County, Pennsylvania, are the parents of our daughter, COLLEEN
OLIPHANT, nee McGillvray, known as COLLEEN; and,
WHEREAS, COLLEEN has special needs as a result of her medical condition
which affect her capacity to disburse her property or manage her funds and impair
property, and her ability to fully support herself; and
WHEREAS, COLLEEN has an ongoing need for assistance and special services
and programs which will likely continue throughout her life; and
WHEREAS, COLLEEN is presently receiving disability benefits under the
Supplemental Security Income program, and is eligible for medical services under the
Pennsylvania Medical Assistance program, as a result of her medical impairments; and
WHEREAS, it is our intent by entering into this AGREEMENT OF TRUST to
provide for our daughter, and to supplement the services, income and benefits available to
COLLEEN throughout her life and to provide for the preservation and preservation of her
property taking into consideration readily available assets and sources of income that may
be available for the benefit of COLLEEN.
NOW THEREFORE, we hereby enter into this AGREEMENT OF TRUST
as Settlors, for the establishment of a SPECIAL NEEDS TRUST FOR COLLEEN
OLIPHANT, for the benefit of our said daughter, and other named beneficiaries, including
each of the grandchildren of HELEN F. MC GILLVRAY, and the issue of each of her
grandchildren as follows:
I. TRUST PROVISIONS
1. Nomination of Trustees: We hereby nominate, constitute, and appoint
ourselves to serve jointly, and without bond, as original Co-Trustees under this
AGREEMENT OF TRUST and as Co-Trustees of the Trust fund established hereunder.
In the event of the death or resignation as Trustee of either of the original Co-
Trustees, or in the event of the incapacity of either Trustee to continue to serve, then the
remaining original Co-Trustee shall continue to serve as individual Trustee.
' I
L /
Either or both of the original Co-Trustees may nominate and appoint one or more
successor Trustees to serve as their Co-Trustee or their successor individual Trustee. In
the event of the death, resignation or incapacity of both original Co-Trustees to serve,
without nomination of a successor Trustee or Co-Trustees, then we nominate and appoint
our son, FRED MC GILLVRAY, to serve, without bond, as our successor individual
Trustee and grant to him individually all the powers and authority that we have herein
granted to ourselves as original Co-Trustees including the power to appoint one or more
Co-Trustees or successor Trustees.
In the event of death or incapacity or resignation of our named successor individual
Trustee, then a surviving capable named Trustee shall have the power to name a
substitute Trustee to serve as his or her Co-Trustee or successor Trustee. In the event
that there be no surviving capable Trustee, then we direct that Christine Mc Gillvray shall
serve as a substitute Trustee or that she shall nominate and appoint a substitute Trustee
or Co-Trustees. We direct that any such individual Trustee or Co-Trustees appointed by a
surviving capable Trustee, or nominated and appointed by Christine Mc Gillvray, serve
without bond and grant to such Trustee or Co-Trustees all the powers and authority that
we have herein granted our original Trustees.
In the event of dispute, the incapacity of any Trustee to serve shall be presumed
upon the written certificate of incapacity by a regularly treating physician of the Trustee.
2. Trust Estate: We hereby irrevocably place the property set forth on the
attached schedule, and such other property as may be from time to time added, with
ourselves, FREDRICK B. MC GILLVRAY and BARBARA MC GILLVRAY, as Trustees,
and direct that we, and any successor Trustees, shall hold, manage and distribute the
property and any other property added to this Trust IN TRUST in accordance with the
wishes and directions as set forth herein.
3. Exercise of Trustees' Powers: The powers granted herein to Trustees, may
only be exercised jointly by Co-Trustees, acting together, and not by any one Co-Trustee
acting individually, unless the other Co-Trustee is incapacitated. In the event that there
shall be a sole Trustee, the powers granted herein to Trustees may be exercised
individually by the sole Trustee. The powers of the Trustees may be exercised without
prior Court approval and without further responsibility to the beneficiaries, their parents or
to any other person or persons taking care of a minor beneficiary. Provided however, that
no Trustee shall have the power to distribute any of the Trust Estate or income to himself
or herself, his or her creditors or estate, or the creditors of his or her estate.
4. Establishment of Special Needs Trust: We direct the Trustees to hold and use
the principal and interest of the Trust to purchase gifts and other in-kind material comforts
for our daughter, COLLEEN OLIPHANT. The Trustees are authorized to pay as much of
the net income and the principal of this Trust fund in such amounts or proportions as the
Trustees, in the Trustees' absolute discretion, may from time to time think desirable or
appropriate, in accordance with the express purpose of this Trust. Any net income of the
Trust not so distributed shall from time to time be accumulated and added to the principal
of the Trust fund. The Trustees, in the discretion of the Trustees, may pay from the
income and the principal of this Trust periodically to or for the welfare and benefit of the
beneficiaries, or, in the Trustees' absolute discretion, may add part or all of the income to
principal to be invested as such.
The express purpose of this Trust is to provide during the lifetime of COLLEEN for
extra and supplemental care to her, and for her special needs. The income, care and
benefits provided by the Trust, to or on behalf of our daughter, shall be in addition to, and
over and above, any income our child may have, or any benefits our daughter otherwise
receives, or to which she maybe entitled, as a result of her handicap or disability from any
local, state or federal government, or from any other private agencies, which provide
services or benefits to disabled or handicapped persons. It is our express purpose as
Settlors that the Trust estate be used only to supplement other support, maintenance,
benefits and income received by our child. To this end, the Trustees may provide or pay
for such resources and experiences as will contribute to and make our daughter's life as
pleasant, comfortable and happy as feasible.
Nothing herein shall preclude the Trustees from purchasing those services and items
which promote COLLEEN's happiness, welfare or development, including, but not limited
to, vacation ad recreation trips away from places of residence, expenses for traveling
companions, if requested or necessary, entertainment expenses, supplemental medical
and dental expenses, social services expenses, and transportation costs.
This Trust is to be considered as a discretionary, supplemental trust, and not a basic
support trust for COLLEEN. This Trust estate shall not be used to provide basic food,
clothing, and shelter for our daughter, nor be available to the beneficiary for conversion for
such items, unless her income, if any, including the local, state and federal benefits to
which she may be eligible, as a result of her disability, or otherwise, has first been fully
expended for such purposes, and the expenditure for items of COLLEEN's basic support
is deemed necessary or appropriate by the Trustees.
The Trustees shall have complete discretion as to how much of the Trust estate shall,
or may be, used for any purpose, and may pay sums to any person or institution having
the care of any beneficiary designated herein, without liability on the part of the Trustees
to see to the application thereof directly to or for the benefit of such beneficiary designated
herein. In the event of the death of a beneficiary, the Trustees are authorized in the
Trustees' absolute discretion to pay any part or all of the reasonable funeral and burial
expenses of the beneficiary.
All principal and income of this Trust, until actual distribution to a beneficiary, shall be
free of the debts, contracts, alienations and anticipations of such beneficiary; and the
same shall not be liable to any levy, attachment, execution or sequestration while in the
hands of the Trustees or our personal representative or representatives.
In the event that this Trust should be construed to render a beneficiary hereof ineligible
for otherwise available significant public benefits, then the rights of such beneficiary under
this Trust shall terminate for the duration of such ineligibility. It is specifically intended that
the language of this Trust be construed to maximize the eligibility of the beneficiaries
designated herein for all forms of public assistance.
Upon the death of our daughter, COLLEEN, the balance, if any, remaining in this Trust,
shall .be distributed to the issue of COLLEEN, per stirpes. In the event that any
beneficiary entitled to the distribution of the remainder of this Special Needs Trust shall be
less than twenty-one years of age, then such share shall continue to be held in trust for
the benefit of such person in accordance with the provision of this Trust Agreement.
II. TAX PROVISIONS
1. Death Taxes: All federal, state and other death'taxes payable because of death on
any property then held under this deed of trust or on any insurance proceeds or other
death benefits payable directly to the Trustees shall be paid out of the principal of the
Trust. None of those taxes shall be charged against any beneficiary, and no property
which would be otherwise exempt from federal or state death taxes shall be used to pay
any death taxes under this article.
2. Tax Options: The Trustees may exercise any and all Tax Options available under
the law with a view toward minimization of overall tax burdens relative to the assets of this
Trust or to the income earned.by the Trust Estate.
III. ADMINISTRATIVE PROVISIONS
1. Minority or Disability of Beneficiaries: If any beneficiary becomes entitled to an
outright distribution of income or principal and is (i) under twenty-one years of age or (ii) in
the Trustees' opinion, disabled by illness,or other cause and unable to properly manage
the funds:
a. As much of such income or principal as the Trustees may from time to time
think desirable for that beneficiary either shall be paid to him or her or shall be applied for
her or her benefit; and
b. The balance of such income and principal -- and the net income from those
funds -- shall be kept invested and managed as a separate Trust for that beneficiary, with
the Trust funds paid to or for the beneficiary in accordance with the provisions of the
preceding paragraph, or may be paid to a custodian for the minor under the Pennsylvania
Uniform Transfers to Minors Act. The custodian may be a Trustee or chosen by the
Trustees.
When the beneficiary reaches the age of twenty-one years or, in the Trustees'
opinion, becomes free of disability, as the case may be, the balance shall be paid to the
I
beneficiary. If he or she dies before that time, the balance shall be paid to his or her
executors or administrators.
Any funds to be applied under this article either shall be applied directly by the
Trustees to the beneficiary, or may be paid, outright or in trust, to a legally appointed
guardian or conservator of such beneficiary or to any persons, corporations, or other
organization or entities for the use, benefit or care of the beneficiary. The Trustees shall
have no further responsibility for any funds so paid or applied.
2. Early Ending of Trusts: If the Trustees, in their absolute discretion, determine that it
is desirable to do so, the Trustees may end any Trust under this AGREEMENT OF
TRUST. This may be done by paying the then-remaining principal and income of that
Trust to or on behalf of the person then eligible to receive the income. If any person is a
minor or is, in the Trustees' opinion, disabled by illness or other cause and unable to
properly manage the funds, the Trustees may pay the funds to his or her parent or
guardian or to any person or organization taking care of the person. In the case of a
minor, the Trustees also may deposit the funds in an interest bearing account in the
minor's name payable to the minor at majority, or appoint and pay the funds to a
custodian for the minor under the Uniform Gifts or Transfers to Minors Act of any state.
The Trustees shall have no further responsibility for funds so paid or deposited.
a. Loss of Significant Benefits: If the Trustees, in the Trustees' absolute and
uncontrolled discretion, consider that the existence of this Trust would cause the
beneficiary to lose what the Trustees consider to be significant governmental benefits, the
Trustees may, in their absolute and uncontrolled discretion, terminate this Trust and
distribute the then Trust principal in accordance with the Trustees' discretion and the plan
for distribution set forth above, provided, however, that no Trustee shall have the power to
distribute to himself or his creditors or his estate or the creditors of his estate.
3. Rights In Income: All income undistributed at a beneficiary's death shall be treated
as if it had accrued after his or her death.
4. Protective Provision: No interest in income or principal shall be assignable by, or
available to anyone having a claim against, a beneficiary before actual payment to the
beneficiary.
5. Management Provisions: We authorize our Trustees:
a. To retain and to invest in all forms of real and personal property, including
common trust funds operated by a corporate Trustee regardless of any limitations
imposed by law on investments by the Trustees, or any principle of law concerning
investment diversification (including all actions authorized by the Prudent Investor Rules
[Chapter 72 of the PEF Code] as if the same were presently in effect);
b. To compromise claims and to abandon any property which, in the Trustees'
opinion, is of little or no value;
c. To borrow from anyone, even if the lender is a Trustee hereunder, and to pledge
property as security for repayment of the funds borrowed;
d. To sell at public or private sale, to exchange or to lease for any period of time,
any real or personal property, and to give options for sales or leases;
e. To join in any merger, reorganization, voting-trust plan or other conceded action
of security holders, and to delegate discretionary duties with respect thereto;
f. To allocate any property received or charge incurred to principal or income or
partly to each, without regard to any law defining principal and income; and
g. To distribute in kind and to allocate specific assets among the beneficiaries
(including any Trust hereunder) in such proportions as the Trustees may think best, so
long as the total market value of any beneficiary's share is not affected by such allocation.
h. These authorities shall extend to all property at any time held by the Trustees
and shall continue in full force until the actual distribution of all such property, except as
specifically stated. All powers, authorities, and discretion granted by this AGREEMENT
OF TRUST shall be in addition to those granted by law and shall be exercisable without
leave of court.
6. Additions: The Settlors, individually or jointly, and, with the Trustees' approval,
anyone else, may add to the principal of any of the Trusts to be established hereunder.
As to any such approved additions by persons other than the Settlors, such persons, as to
such additions, shall be Settlors.
7. Insurance Policies: The Trustees shall have no duty to pay premiums on any
insurance policies payable to the Trustees, and the companies issuing the policies shall
have no responsibility for the application of the proceeds or the fulfillment of the Trusts.
8. Irrevocability: This deed shall be irrevocable and unalterable,and notwithstanding
any other provisions hereof, none of the principal and none of the income therefrom shall
ever be payable in any capacity to us, except as a creditor.
9. Situs and Governing Law: The situs of this Agreement of Trust shall be in
Cumberland County, Pennsylvania. All questions as to the validity, effect, or interpretation
of this deed or the administration of the Trusts shall be governed by the law of the
Commonwealth of Pennsylvania.
10. Trustee Compensation: Each Trustee named hereunder shall be entitled to
receive reasonable compensation for services performed.
IN WITNESS WHEREOF, and intending to be legally bound, we have today executed this
AGREEMENT OF TRUST.
4 Dated: FREDRICK B. MC GILLVRAY L% f
"1
Dated:/j %/9 C AP/ 4,.e
BARBARA MC GILLVRAY
WITNESSES:
WO90-47- . (-QCUdic
c �
I
COMMONWEALTH OF PENNSYLVANIA
: ss.
COUNTY OF CUMBERLAND •
On 1\ oV E ■(,er 9 , 1999, before me, the undersigned notary public, personally
appeared FREDRICK B. MC GILLVRAY and BARBARA MC GILLVRAY in due form of
law acknowledged the foregoing instrument to be their act and deed and desired the same
to be recorded as such.
Witness my hand and Notarial seal the day and year aforesaid.
NOTARY P BLI
My Commission Expires: NOTARIAL SEAL
SAMUEL W./MIXES,NOTARY PUBLIC
CARLISLE BORO,CUMBERLAND CO.,PA
MY COMMISSION EXPIRES JULY 27,2002
SCHEDULE OF PROPERTY
REFERRED TO IN THE ANNEXED
AGREEMENT OF TRUST
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