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HomeMy WebLinkAbout06-05-14 "Pours Oven" LASTVIL -AJM TEST-MEJE of Dale E. Smith I, Dale E. Smith, a resident of Enola, Pennsylvania, being of sound and disposing mind and memory and over the age of eighteen years, do hereby declare this to be my Last Will and Testament, and I expressly revoke all Wills, including codicils, heretofore made by me. ARTICLE I 1.1 I hereby declare that at the time of making this Last Will and Testament that I am divorced. 1.2 I declare that I have the below listed children at this time: Kristy A. Chubb, Dale E. Smith, Jr. ARTICLE II 2.1 I declare the entire residue of my estate to the Trustee(s) then in office under that trust designated as "The D.E. Smith Living Trust" established q 3 , 19 %of which I am the grantor. I direct that the residue of my estate shall be added'to, administered, and distributed as part of that trust, according to the terms of the trust and any amendment made to it before my death. To the extent permitted by law, it is not my intent to create a separate trust by this will or to subject the trust or the property added to it by this will to the jurisdiction of the probate court. 2.2 I hereby direct that my Executor or my Trustee(s)may elect to: (1)use administrative expenses • as deductions either for estate tax purposes or income tax purposes; and (2) to use either date of death values or optional values for estate tax purposes, regardless of the effect thereof on any of the interests under this Will. 2.3 I further direct that my Executor or Trustee(s) shall not be required to pay any debt in advance of the due date thereof, including installment obligations, but instead may pay the same in installments as each installment comes due. However if the Trustee(s) deem it to the advantage of the estate any or all debts may be paid in advance of their required installments. 2.4 1 stipulate that any asset under litigation, lien, or claim that might cause the assets of the aforementioned Trust to be compromised in any fashion,be held separate from the,pa d Trust until it is free of any claim or threat to the integrity of the Trust. 2E '37 U- o �r cm'l C C s : zM z c� � nr_ rr M m M ; m Ul ARTICLE III =; o 0 '-7 c� o T C� CD n 3.1 If the disposition in Article II, above, is inoperative or is invalid for an°remon, or j4he � um referred to in Article H above,fails or is revoked,I incorporate the terns of that trust herein by efere-cam as if executed on this date, without giving effect to any amendments made subseq ently, an d equeatlo and devise the residue of my estate to the Trustee(s) named in the trust as Trustee(s), to be held, administered, and distributed as provided in that instrument. • Signed Page I ARTICLE N 4.1 I do hereby nominate the following individual(s) as the Executor(s) of this Will, to serve in the • order listed: Kristy A. Chubb, Jean Hake, Gary Smith. 4.2 The Executor shall have full power and authority to carry out the provisions of the Will, including the power to manage and operate during the probate of my estate any property and any business belonging to my estate. However,the Executor should not compromise the referenced trust in any fashion by premature transfer of assets that may carry any claim or litigation into the Trust. 4.3 The Executor or Trustee(s) shall serve without bond. However,in the event that one (1) or more bonds are required for one (1) or more such individuals, in their capacities as Executors hereunder, then I request that such bonds be nominal bonds, and, my Executor shall pay any such bond premiums, as bonds premiums are due, as administration expenses of my estate, until the administration of my estate is completed. IN WITNESS WHEREOF, I have hereunto subscribed my name to this document, my last Will and Testament, which consists of two (2) typewritten pages, and for the purpose of identification, I have initialed or signed each page, all in the presence of the persons who are witnessing, at my request, the execution of this,my last Will and Testament on this 3_day of 51'-Y , 19 C? at la'nn\c. I✓a . Dale E. Smith • Signed Page 2 Certificate of Acknowledgement of Notary Public Commonwealth of Pennsylvania) Ms. County of Cumberland) On this 3 day of ��a. `Io-V , A.D. 199$ , appeared before me Dale E. Smith personally known to me (or proved tT n the basis of satisfactory evidence) to be the person whose name is subscribed in this instrument, and acknowledged that he/she executed it. _) 4 V Residing in Notary Public My Commission Expires NOTARY SEAL: Notarial Seal Glenn W.Hebert, Notary Public North Newton Twp.,Cumberland County My COMMIS61411€zgirei9 May®,2000 • • Signed Page 3 LAST WILL AND TESTAMENT WITNESS PAGE: • We, the undersigned, do hereby certify that Dale E. Smith on this day of 19_!jg , declared the above and foregoing instrument, consisting of four (4) pages, each o— of which is signed by Dale E. Smith, to be his/her Last Will and Testament, and that thereupon he/she asked us to act as witnesses to such Will, and did in our presence of each of us sign his/her name to such Will; that, thereupon, we and each of us,in the presence of Dale E. Smith and in the presence of each other, do sign our names as witnesses to such Will. <=) Q(Witness Signature) !/3 AFg Date 00_. 'Jk L. P��r-A r (Print Name) Y Cc�clsv-�I�� 131— (Address) ►Mg�y,v ,ty��t y _yQL / 0S' (City, State, Zip Code) (Witness Signature) Date l`J Idlii AtOLI} !1/ a (Print Name) - l11 l.J£k x(11..1 f !N1 (Address) £,1.10 Pla 176 (City, State, Zip Code) • Signed Page 4 "Pours Oven" LASTVIL -AJM TEST-MEJE of Dale E. Smith I, Dale E. Smith, a resident of Enola, Pennsylvania, being of sound and disposing mind and memory and over the age of eighteen years, do hereby declare this to be my Last Will and Testament, and I expressly revoke all Wills, including codicils, heretofore made by me. ARTICLE I 1.1 I hereby declare that at the time of making this Last Will and Testament that I am divorced. 1.2 I declare that I have the below listed children at this time: Kristy A. Chubb, Dale E. Smith, Jr. ARTICLE II 2.1 I declare the entire residue of my estate to the Trustee(s) then in office under that trust designated as "The D.E. Smith Living Trust" established q 3 , 19 %of which I am the grantor. I direct that the residue of my estate shall be added'to, administered, and distributed as part of that trust, according to the terms of the trust and any amendment made to it before my death. To the extent permitted by law, it is not my intent to create a separate trust by this will or to subject the trust or the property added to it by this will to the jurisdiction of the probate court. 2.2 I hereby direct that my Executor or my Trustee(s)may elect to: (1)use administrative expenses • as deductions either for estate tax purposes or income tax purposes; and (2) to use either date of death values or optional values for estate tax purposes, regardless of the effect thereof on any of the interests under this Will. 2.3 I further direct that my Executor or Trustee(s) shall not be required to pay any debt in advance of the due date thereof, including installment obligations, but instead may pay the same in installments as each installment comes due. However if the Trustee(s) deem it to the advantage of the estate any or all debts may be paid in advance of their required installments. 2.4 1 stipulate that any asset under litigation, lien, or claim that might cause the assets of the aforementioned Trust to be compromised in any fashion,be held separate from the,pa d Trust until it is free of any claim or threat to the integrity of the Trust. 2E '37 U- o �r cm'l C C s : zM z c� � nr_ rr M m M ; m Ul ARTICLE III =; o 0 '-7 c� o T C� CD n 3.1 If the disposition in Article II, above, is inoperative or is invalid for an°remon, or j4he � um referred to in Article H above,fails or is revoked,I incorporate the terns of that trust herein by efere-cam as if executed on this date, without giving effect to any amendments made subseq ently, an d equeatlo and devise the residue of my estate to the Trustee(s) named in the trust as Trustee(s), to be held, administered, and distributed as provided in that instrument. • Signed Page I LAST WILL AND TESTAMENT WITNESS PAGE: • We, the undersigned, do hereby certify that Dale E. Smith on this day of 19_!jg , declared the above and foregoing instrument, consisting of four (4) pages, each o— of which is signed by Dale E. Smith, to be his/her Last Will and Testament, and that thereupon he/she asked us to act as witnesses to such Will, and did in our presence of each of us sign his/her name to such Will; that, thereupon, we and each of us,in the presence of Dale E. Smith and in the presence of each other, do sign our names as witnesses to such Will. <=) Q(Witness Signature) !/3 AFg Date 00_. 'Jk L. P��r-A r (Print Name) Y Cc�clsv-�I�� 131— (Address) ►Mg�y,v ,ty��t y _yQL / 0S' (City, State, Zip Code) (Witness Signature) Date l`J Idlii AtOLI} !1/ a (Print Name) - l11 l.J£k x(11..1 f !N1 (Address) £,1.10 Pla 176 (City, State, Zip Code) • Signed Page 4 ACKNOWLEDGEMENT OF THE EXECUTION OF THE LAST WILL AND TESTAMENT OF Dale E. Smith We, whose names are signed below, each declare under penalties of perjury: that Dale E. Smith, the testator, executed the foregoing instrument as the testator's last will and testament; that in our presence, the testator signed the testator's signature and declared that such signing was the testator's free and voluntary act for the purpose of executing the testator's last will and testament; that each of the Witnesses thereto,in the presence of the testator (and at the testator's request) and in the presence of each other, signed such instrument which the testator stated to be the testator's last will and testament; and,to the best of our knowledge, the testator was, at the time of the testor's signing and at the time of the signing of the witnesses, eighteen (18) or more years of age and of sound mind. 19-$ Dale E. Smith / D z ZL �� Witness Signature) 9� 196 Date c"J<4 PLIW-e-'£' (Print Name) CA L4 1 C:.AP L=aAr Or. (Address) (City, State, Zip Code) • (Witness Signature) 9 Date �d����. ✓R- 1e_ (Print Name) (x(11 t0 RT7 c(jLjj 2(�. (Address) EljonLA .PA. 1 7oZS" (City, State, Zip Code) r.� � M OATH OF SUBSCRIBING WITNESSES} C= cn "'t t-1 /) �GJSTER OF WILLS 'a ;j ' cri c� iH COUNTY,PENNSYLVANIA nc-, n c> nq .- n co r M Estate of N , Deceased Law, pC4� (each) a subscribing witness to (Print Name/s) the�AWill U Codicil(s) presented herewith, (each)being duly qualified according to law,depose(s) and say(s) that she/he/they was /were present and saw the above 'Testator/Testatrix sign the same and that she/he/they signed the same and that she/he/they signed as a witness at the request of the Testator/Testatrix in her/his presence and in the presence of each other. arose) (Sipnanue) (Street Address) ( /} (Street Address) ( J�hL1ft1�G CJr7 fC.��T� (City,Slate,Zip) (City,State,Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed before the this day before me this day of ��t��CJ ��' of , Deputy for Register of Wills Notary Public My Commission Expires: (Signature and Seat of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths, Please have present the original or copy of ins,sment(s)at time of notarization. For...RW-03 rev. 10.13.06 OATH OF NON-SUBSCRIBING WITNESS(ES) REGISTER OF WILLS C4 ` �`��"'�' COUNTY, PENNSYLVANIA Estate of_ m 'r � , Deceased *k and (each) being duly qualified according to law, depose(s) and say(s)that she,f1kw-�they was/were well- acquainted with Q• & f'rt . ?� t le and am/are familiar with the handwriting and signature of the decedent, and that the signature of 44 le / on C to the foregoing instrument purporting to be the Last Will and Testament/Codicil of_N•_1• f' y is it ii /her own proper handwriting. (Signature) (SignamreJ '?C R4&«t (SLt�ef Address) n (StreetAddressJ (Gfj,Sfine,Ztp) jolk (Cary,Smte.Zip) Executed in Register's Office Sworn to or affirmed and subscribed e this cy A �n�nMMMM [7day c M before m of C= -,a° v Z7 y r —s M r7l tl7 rrt m O O n -n Deputy for Register of Wills o -0 � n 73 ri m A rn O W -n Form RW-04 rev. !0./3.06 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA I ORPHANS' COURT DIVISION IN RE: $ e / ! , I DECEASED I 1 I I NO. 21- I AFFIDAVIT I swear or affirm that •��� e.0 / V e6sgo# 4 /s V c. r M` t 14►� r'�--� Gar l t ! f/ Jo" ' i ec s CC"? m � 6 Cl) n c nx� rDr C7 :Z u ttx o Se <a a C CA O C.3 Sworn to or affirmed and subscribed Before me this ftName ' //j�/IJ�� day � y/��A ° ( Deputy for the Register of Wi!!s ��LLI Vl�. i Yj/ Address ACKNOWLEDGEMENT OF THE EXECUTION OF THE LAST WILL AND TESTAMENT OF Dale E. Smith We, whose names are signed below, each declare under penalties of perjury: that Dale E. Smith, the testator, executed the foregoing instrument as the testator's last will and testament; that in our presence, the testator signed the testator's signature and declared that such signing was the testator's free and voluntary act for the purpose of executing the testator's last will and testament; that each of the Witnesses thereto,in the presence of the testator (and at the testator's request) and in the presence of each other, signed such instrument which the testator stated to be the testator's last will and testament; and,to the best of our knowledge, the testator was, at the time of the testor's signing and at the time of the signing of the witnesses, eighteen (18) or more years of age and of sound mind. 19-$ Dale E. Smith / D z ZL �� Witness Signature) 9� 196 Date c"J<4 PLIW-e-'£' (Print Name) CA L4 1 C:.AP L=aAr Or. (Address) (City, State, Zip Code) • (Witness Signature) 9 Date �d����. ✓R- 1e_ (Print Name) (x(11 t0 RT7 c(jLjj 2(�. (Address) EljonLA .PA. 1 7oZS" (City, State, Zip Code) r.� � M OATH OF SUBSCRIBING WITNESSES} C= cn "'t t-1 /) �GJSTER OF WILLS 'a ;j ' cri c� iH COUNTY,PENNSYLVANIA nc-, n c> nq .- n co r M Estate of N , Deceased Law, pC4� (each) a subscribing witness to (Print Name/s) the�AWill U Codicil(s) presented herewith, (each)being duly qualified according to law,depose(s) and say(s) that she/he/they was /were present and saw the above 'Testator/Testatrix sign the same and that she/he/they signed the same and that she/he/they signed as a witness at the request of the Testator/Testatrix in her/his presence and in the presence of each other. arose) (Sipnanue) (Street Address) ( /} (Street Address) ( J�hL1ft1�G CJr7 fC.��T� (City,Slate,Zip) (City,State,Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed before the this day before me this day of ��t��CJ ��' of , Deputy for Register of Wills Notary Public My Commission Expires: (Signature and Seat of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths, Please have present the original or copy of ins,sment(s)at time of notarization. For...RW-03 rev. 10.13.06 OATH OF NON-SUBSCRIBING WITNESS(ES) REGISTER OF WILLS C4 ` �`��"'�' COUNTY, PENNSYLVANIA Estate of_ m 'r � , Deceased *k and (each) being duly qualified according to law, depose(s) and say(s)that she,f1kw-�they was/were well- acquainted with Q• & f'rt . ?� t le and am/are familiar with the handwriting and signature of the decedent, and that the signature of 44 le / on C to the foregoing instrument purporting to be the Last Will and Testament/Codicil of_N•_1• f' y is it ii /her own proper handwriting. (Signature) (SignamreJ '?C R4&«t (SLt�ef Address) n (StreetAddressJ (Gfj,Sfine,Ztp) jolk (Cary,Smte.Zip) Executed in Register's Office Sworn to or affirmed and subscribed e this cy A �n�nMMMM [7day c M before m of C= -,a° v Z7 y r —s M r7l tl7 rrt m O O n -n Deputy for Register of Wills o -0 � n 73 ri m A rn O W -n Form RW-04 rev. !0./3.06 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA I ORPHANS' COURT DIVISION IN RE: $ e / ! , I DECEASED I 1 I I NO. 21- I AFFIDAVIT I swear or affirm that •��� e.0 / V e6sgo# 4 /s V c. r M` t 14►� r'�--� Gar l t ! f/ Jo" ' i ec s CC"? m � 6 Cl) n c nx� rDr C7 :Z u ttx o Se <a a C CA O C.3 Sworn to or affirmed and subscribed Before me this ftName ' //j�/IJ�� day � y/��A ° ( Deputy for the Register of Wi!!s ��LLI Vl�. i Yj/ Address