HomeMy WebLinkAbout06-20-14 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner(s) named below,who is/are 18 years of age or older, appty(ies)for Letters as specified below,and in support thereof aver(s)
the following and respectfully requests the grant of Letters in the appropriate form:
Hamilton C. Davis and Nlchoie J. Kellert
Decedent's Information
Name: Barbara B.McGillvray File No: 21
alk/a: Rarham McGillvray (Assigned by Register)
a/kla: Parham-1 McCillvmy
alkla: Rarnara.Ivan Mcrilivmy Social Security No:
Date of Death: 1 212 0/2 01 3 Age at Death: 78
Decedent was domiciled at death in Cumberland County, PA (State) with hislher last
principal residence at 120 Buttermilk Road Newvllle 17241 Upper Frankford Cumberland
Street address,Post Office and Zip Code City,Tonnship or eotaph County
Decedent died at 120 Buttermilk Road,,Newvllle 17241 Upper Frankford Cumberland PA
Street address,Post Office and Zip Code City,Township or Borough County Slate
Estimate of value of decedent's property at death:
If domiciled In Pennsylvania........................ All personal property $ 75,000.00
If not domiciled In Pennsylvania................. Personal property in Pennsylvania S
If not domiciled In Pennsylvania................. Personal property in County $
Value of real estate In Pennsylvania........... S 100,000.00
TOTAL ESTIMATED VALUE $ 175,000.00
Real estate in Pennsglvenle shoaled at 120 Buttermilk Road,,Newvllle 17241 Upper Frankford Township Cumberland
(Attach additbnm Shasta,N necessary.)
Street address,Post omce and Zip Code City,Township or Borough County
❑X A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)aver(s)that he/she/they Islam the Executor(s)named In the Last Will of the Decedent,dated 10108/2010 and Codidl(s)
thereto dated
and self-proving affidavits thereto.
(state relevant circumstances,e.g.renunciation,death of executor.etc.) rV
Except as follows:after the execution of the Instrument(s)offered for probate,Decedent did not merry,was not divorced,was note pd to a pending
divorce proceeding wherein the grounds for divorce he been established as defined in 23 Pa.C.S.g 3323(8),and did not have a chflCt or s m
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. K rTl O
❑X NO EXCEPTIONS❑ EXCEPTIONS rrn Z n O
❑B. Petition for Grant of Letters of Administration (If spdkame) m rV r j rn
c7.a;r, .'n..;d. .n.c..a., en7ee lice; urzin e e sen la,^ran e.mn3mate
If Administration,C.ta or d.b.n.c.t.a.,enter date of Will In Section A above and complete list of heirs. L7 x O O
n O =D 11 -T1
Except as follows:Decedent was not a party to pending divorce proceeding wherein the grounds for divorce had been established Rd@FnedT1
In 23 Pa.C.S.§3323(g)and vvas neither the victim of s kllling nor ever adjudicated an incapacitated person. F~+ rATI
❑NO EXCEPTIONS❑EXCEPTIONS 3 Ed 69�T
Petitioner(s),after a proper search has(have ascertained that Decadent left no Will and was survived by the following spouse of any)and hells(anedra T
additional sheets,If necessary):
Name Relationship Address
Font,RW-02 rev.fo-11-2of i Copyright(c)2011 form sofhva a only'rho Lackner Group,1 T mu Page 1 of 2 /;
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1
Oath of Personal Representative olfxle?Use Orty
COMMONWEALTH OF PENNSYLVANIA }
SS:
COUNTYOF Cumberland )
Petitioner(s)Printed Name Petitioner(s)Printed Address
Hamilton C.Davis 20 East Burd Street,Suite 6
P.O.Box 40
Shippensburg,PA 17257
Nichols J.Kellert 81 Mitchell Hollow Road
Coudersport,PA 16915
The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing,Petition are true and correct to the best of the knowledge and
belief of Petilioner(s)and that,as Personal Representative(s)of the ce nt,Petioner s will well and truly administer the estate according to law.
Sworn med a d s scribed before �� _ Date 2 V
me thi y of Date
By: Date
For Ore RegWer MWLL14 Date
BOND Required? 11 Yes QX No To the Register of Wills:
FEES Please enter my appearance by my signature below:
Letters............................................ $ 6 . Attomey Signatu I /�
( 20' )Short Certificate(s)..........
(_)Renunciation(s)...............
(_)Codicil(s).........................
(_)Affidavit(s)....................... Printed Name: Hamilton C Davis Esquire
Bond.............................................. Supreme Court
Commission...................._............ ID Number: 10264
0
Other C -:e
f Firm Name: Zullin er-Davis,P.C. rn
ry
Address: 20 East Burd Street,Suite 6 m rn e o
P.O.Box 40 r— y r r\) y
Shippensburg,PA 17257 ;i O o
0 CD 17
Phone: 7171532.5713
Automation Fee...
Fax: 7171530-5222 -D '1 ~' r— rr!
JCSFee.........................................
TOTAL........................................... $ E-mail: hdavis@zullinger-davis.com }_-. rn
DECREE OF THE REGISTER
Date of Death: 1212012013
Social Security No:
Estate of Barbara B.McGillvray File No: 21 - 14— ` )
aka: Barbara McGlllvray,Barbara J.MCGIIIVre ,Barbara Jean McGillvray
AND NOW, ,in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary
are hereby granted to Hamilton C.Davis and Nichols J.Kellert
in the above estate and(if applicable)that the instrument(s)dated 1010812010
described in the Petition be admitted to probate and filed of record asiloe last Will(and Codicil(s)) a eceant
l/sn .
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is er of Wills
Coprilght(c)2011 roan soft are only The Lederer croup,Im. age 2 or 2
LAST WILL AND TESTAMENT
OF
BARBARA B.McGILLVRAY
I, BARBARA B. McGILLVRAY, of Upper Frankford Township, Cumberland County,
Pennsylvania, declare this to be my Last Will and Testament and revoke any Will or Codicil
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previously made by me. o o s m
::a C o
ITEM I: I direct that all my just debts and funeral expenses"ZIi I ing my
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a M rn
gravemarker and all expenses of my last illness, shall be paid from my residuary psta'te;as soon as-
practicable after my decease as a part of the administration of my estate. ° F-. C.
n � . � m
ITEM II: I give and bequeath all of my tangible personal property (not in"ing -on
cash or securities and not including any tangible personal property utilized by me in any business,
including farming) including, without limitation, personal effects, household furniture and
furnishings, automobiles, and the like, together with any policies of insurance in effect at the
time of my death applicable thereto, including any prepaid premiums thereon, to such of my
children as are living on the thirty-first day after my death to be divided among them by my
Executors as nearly as possible in equal shares in such manner as they may agree upon or, failing
agreement for any reason whatsoever, then in such manner as my Executors shall determine,
giving due regard for their personal preferences. I hereby direct that the costs of moving,
shipping or otherwise transporting any such items bequeathed hereunder shall be paid by my
Executors as a part of the cost of administration of my estate.
ITEM III: As my husband, FREDRICK B. McGILLVRAY, has predeceased me, I
devise and bequeath all of the residue of my estate of every nature and wherever situate as
1 �w
follows:
A. I give and bequeath to my son, FRED McGILLVRAY, or the survivor of him, a
sum of money equal to the total amount of loans (if any) which are due to me from
him or his former wife at the time of my death.
B. I give and bequeath one-half (1/2) of my remaining residue to my son, FRED
McGILLVRAY.
Should my son, FRED McGILLVRAY, predecease me or fail to survive me by
thirty (30) days, these gifts under Item III,. Subparagraphs A and B hereof
shall be distributed, per stirpes, to the issue of my son, FRED
McGILLVRAY, who do survive me.
C. I devise and bequeath one-half (1/2) of my remaining residue thereof to my
Trustees hereinafter named IN TRUST for the benefit of my daughter, COLLEEN
KEMP, (formerly Colleen Oliphant) and her children and grandchildren, for the
uses and purposes and upon the terms and conditions as are specified in Item IV
below.
ITEM IV. The share for the benefit of my daughter, COLLEEN KEMP (formerly
COLLEEN OLIPHANT), shall continue to be held by my Trustee, in a separate trust to be
administered and distributed in accordance with the provisions hereinafter set forth:
A. To pay one-half (1/2) of the net income therefrom to my daughter, COLLEEN
KEMP, until she reaches the age of fifty-five (55) years and thereafter all of the net
income for the remainder of her life. Trustee(s) may apply the net income of this
Trust for the support of my daughter, COLLEEN KEMP, should she by reason of
age, illness or any other cause, in the opinion of the Trustee(s) be incapable of
2 � Iri
disbursing it. Any income earned and not distributed shall be added to and
thereafter be treated as part of the principal.
B. No principal of this Trust may be paid to or for my daughter, COLLEEN KEMP, or
her husband or her descendants until after the death of my daughter. I hereby express
my specific and conscious desire and direction that my Trustee(s) shall not have the
power or discretion to expend principal to or for the benefit of my daughter,
COLLEEN KEMP, because my primary intention in creating this Trust is to assure
my daughter an income for the remainder of her life and expenditures of principal
which permanently reduce the Trust's ability to generate income for my daughter are
not in my opinion in her best interest.
C. Upon the death of my daughter, COLLEEN KEMP, this Trust shall terminate and
the then remaining principal and any accumulated or undistributed income shall be
distributed to my daughter's then living issue,per stirpes, and in default of such issue
shall be distributed to my then living issue, per stirpes, provided, however, that the
share for any person (including shares hereunder or otherwise under this Will for
any issue of my son, FRED) who shall not have attained the age of thirty-five (35)
years shall be held by my trustee in a separate continuing trust to be administered
and distributed in accordance with the provisions set forth as follows:
1. My Trustee shall accumulate the net income and expend and apply so much
of the net income, accumulated income, and principal of the Trust as Trustee
in its sole discretion deems advisable to or for the benefit of such person for
the support, education and health of such person and for the protection and
preservation of his property until such person attains the age of eighteen
3 �4
years.
2. Upon such person's attaining the age of eighteen (18)years, my Trustee shall
distribute the net income of such person's Trust to him or for his benefit and
so much of the principal as Trustee in its sole discretion deems advisable for
the support, education and health of such person and for the protection and
preservation of his property shall be distributed to such person or for his
benefit. Such person shall be entitled during his lifetime, to withdraw sums
of principal from his trust in accordance with the following formula:
a. At any time after attaining the age of thirty (30) years and prior to
attaining the age of thirty-five (35) years, such sums as shall not
exceed one-half ('/2) of the market value of the principal as
constituted on his thirtieth (30th) birthday or on the creation of his
separate trust, whichever shall last occur;
b. At any time after attaining the age of thirty-five (35) years, any and
all principal remaining.
3. Upon the death of any such person, his trust shall terminate and the then
remaining principal shall be distributed, per stirpes, to his then living issue,
or, if there shall be no such issue, to my then living issue, in equal shares,
per stirpes.
ITEM VI: My son, FRED McGILLVRAY,has the right for distribution in-kind for the
farm house located at 120 Buttermilk Road, Newville PA 17240 and 10 acre lot.
ITEM VII: 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
4 V
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 Executors to distribute such property to a
Custodian selected by my Executors (and my Executors 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 the fiduciary to distribute a share where possible
to the minor or to another for the minor's benefit.
ITEM VIII: All Federal, State and other death taxes payable because of my death with
respect to the property forming my gross estate for tax purposes, whether or not passing under
this Will, including any interest or penalty imposed in connection with such tax, shall be
considered a part of the expense of the administration of my Estate and shall be paid out of my
residuary estate without apportionment or right of reimbursement.
ITEM IX: My Executors, Trustees and Guardians, whether masculine, feminine,
singular, plural, individual or corporate, (herein sometimes referred to as "fiduciaries" or
"fiduciary") shall have the following powers in addition to those vested in them by law and by
other provisions of my Will applicable to all property, whether principal or income, including
property held for minors, exercisable without Court approval, and effective until actual
distribution of all property. It is my intention that the powers granted herein shall include and be
in supplement to the powers concerning investments contained in PEF Code Chapter 72 (Prudent
Investor Rule) and the powers concerning adjustment and conversion to unitrust and related
provisions contained in PEF Code Chapter 81 (Uniform Principal and Income Act) and Chapter
77 (Uniform Trust Act).
A. General Management and Investment Powers. The Executor and Trustee shall
have full power and authority to manage and control any Trust and my estate, to
5
borrow money from any source (including the power to borrow from a Trustee or
any affiliate of a Trustee) and to sell, exchange, lease, grant options, rent,
mortgage, pledge, assign, transfer or otherwise dispose of or encumber (including
sales to a Trustee) all or any part of any Trust or my estate (for terms extending
beyond the termination of any Trust or my estate or otherwise), upon such terms
and conditions as the Trustee may see fit. The Trustee may invest and reinvest all
or any part of any Trust in such stocks, common and preferred (including the
corporate stock of any corporate Trustee, or any of its affiliates), debentures,
shares or participations in any common or mutual fund, interests in any general,
limited, or limited liability partnership or in any limited liability company, bonds,
notes, repurchase agreements and deposit accounts of any kind from or in any
bank (including any corporate Trustee, or any of its affiliates), savings and loan
association or other financial institution or brokerage firm, stock options and
warrants, securities or other property, real or personal, within or without the State
of Pennsylvania, domestic or foreign, whether or not of the class or kind now or
hereafter ordinarily approved or held to be lawful for the investment of Trust
funds, as the Trustee may, in the Trustee's discretion, select. The Trustee may
make and change such investments from time to time according to the Trustee's
discretion, and the Trustee may continue to hold any stocks, securities or other
property received by the Trustee hereunder without any duty of diversification.
The Trustee may determine whether any money or other property coming into the
Trustee's hands, concerning which there may be reasonable doubt, shall be
considered as a part of the principal or income of any Trust or my estate, and may 14
6 ' "
apportion between such principal and income any loss or expenditure in
connection with the Trust estate as to the Trustee may seem equitable, taking
account of all present and future interests in the Trust estate. The Trustee shall
not be obligated to amortize premiums for Trust securities out of income nor
make additions to income because of the purchase of securities at a discount. The
Trustee may exercise all options and all conversion, subscription, voting and other
rights of whatsoever nature held by or pertaining to any property, including
securities of the corporate Trustee or any affiliate thereof, held by the Trust estate.
Any corporate Trustee shall not disclose the name, address, or share position of
the beneficial owner(s) of registered securities held by the corporate Trustee or its
nominees unless the beneficial owner(s) request otherwise in writing. It is the
intention of the Testator that the Trustee shall have the authority to invest in such
ways as shall give due consideration for the theories of total return investing,
modern portfolio theory, and the theory of risk and return. Accordingly, the
Trustee is authorized to invest in any type of investment which plays an
appropriate role in achieving the investment goals of any Trust, which investment
shall be considered as part of the total portfolio. It is my specific direction that no
category or type of investment shall be prohibited. I specifically do not wish to
limit the universe of Trust investments in any way other than is dictated by the
Trustee's exercise of reasonable care, skill, and caution. In connection with the
Trustee's investment and management decisions with respect to any Trust created
hereunder, the Trustee is specifically entitled to take in account general economic
conditions, the possible effect of inflation or deflation, the expected tax
Y '
consequences of investment decisions or strategies, the role which each
investment or course of action may play within the overall Trust portfolio which
may include financial assets, interests in closely held enterprises, tangible and
intangible personal property, and real property; the expected total return from
income and the appreciation of capital; other resources of the beneficiaries; the
needs for liquidity; regularity of income and preservation or appreciation of
capital; and the asset's special relationship or special value, if any, to the purposes
of any Trust or to one or more of the beneficiaries. Nor shall my Trustee be
limited to any one investment strategy or theory, including modern portfolio
theory, the efficient markets theory or otherwise, but shall be free to consider any
appropriate investment strategy or theory under all the circumstances. The
Trustee may delegate investment and management functions which a prudent
person of comparable skills would properly delegate under the circumstances.
Should the Trustee delegate such function, the Trustee shall exercise reasonable
care, skill and caution in selecting an agent, establishing the scope and terms of
the delegation consistent with the purposes and terms of any Trust, and
periodically reviewing the agent's actions in order to monitor performance and
compliance with the terms of the delegation. Should such delegation occur as set
forth above, the Trustee who complies with the requirements for delegation shall
not be liable to the beneficiaries or to any Trusts for the decisions and actions of
the agent to which the function was delegated, but by accepting the delegation of a
Trust function by the Trustee of this Trust, the agent submits to the jurisdiction of
the courts of this state.
a �j�
I. To make any divisions or distributions required hereunder, wholly or in
part, in kind or in cash, and to make non-prorata distributions of assets in
kind.
2. To exercise any election or privilege given by the Federal tax and other tax
laws, including without limiting the foregoing, the joinder with my said
wife in filing income tax returns, the election of the alternate valuation for
Federal Estate tax purposes, the election to claim items of deduction for
estate tax or for income tax purposes, and to make or not to make
equitable adjustments or apportionments for the exercise or nonexercise of
any such election or privilege.
3.. Should the principal of any of the Trusts created hereunder be or become
too small so as to make establishment or continuance thereof inadvisable,
my Trustee, in its sole discretion, may make immediate distribution of the
then remaining balance of the principal and accumulated income of any
beneficiary's share to the legally appointed trustee of such beneficiary
under Item V.(C.) hereof, or may appoint and pay such share to a
custodian for such beneficiary under the Uniform Transfer To Minors Act
of any state in accordance with the provisions of ITEM VII hereof, without
further obligation or responsibility for such distribution so paid. Upon
such termination, the rights of all persons who might otherwise have a
successive interest therein shall cease.
B. Any fiduciary hereunder may renounce or resign at any time with or without
cause.
9 V ' i
C. No fiduciary shall be required to file bond, execute any instrument appointing
anyone to accept service of process, or file inventories or accounts of any kind,
except as ordered to do so by a Court of competent jurisdiction or as required to
do so under a state statute not providing for release of such requirements by a
testator/testatrix.
D. If there is no corporate fiduciary acting hereunder, my Executors or Trustee may
designate a corporation (regardless of where organized or headquartered) with
fiduciary powers to act as agent or custodian hereunder, may delegate to it such
duties as may be appropriate (including investment recommendation duties), may
pay to it reasonable compensation for its services, and may discharge it with or
without cause.
E. To retain any or all of the assets of my estate, real or personal, including stock of
any corporate fiduciary, without regard to any principal of diversification or risk.
F. 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, exchanges or leases, for
such prices and upon such terms or conditions as they deem proper.
G. To allocate receipts and expenses to principal or income or partly to each as they
from time to time think proper in their sole discretion.
H. To borrow from or to sell to my Trustee even though such Trustee may be my
Executor.
I. To cause the title to any property held hereunder to stand in the name of a
nominee or nominees.
10 V'
J. To repair, alter or improve any real or personal property; to borrow money,
including the right to borrow money from any fiduciary hereunder, and to pledge,
mortgage, or create a security interest in any property held by them as security
therefore, and to make loans, secured or unsecured, for such purposes and upon
such terms and conditions as they may deem advisable, including loans to my
estate, with or without interest, for any purpose whatsoever, and to exercise
options of any kind:
K. To subscribe for or to exercise options for stocks, bonds or other investments; to
join in any plan of lease, mortgage, merger, consolidation, reorganization,
foreclosure or voting Trust and to deposit securities thereunder; to vote securities
in person or by proxy, in such connection to delegate discretionary powers; and
generally to exercise all the rights of security holders or employees of any
corporation.
L. To compromise, submit to arbitration or release any claim of my estate or any
Trust hereunder against others and to pay, compromise, or submit to arbitration
any claim of others against my estate.
M. To exercise any law-given option to pay death taxes in installments, the payment
of interest due on such installments to be a charge against principal.
N. To exercise any law-given option to treat administrative expenses either as income
tax or as estate tax deductions, without regard to whether the expenses were paid
from principal or income.
O. To receive other property of any type acceptable to the Trustee, including, but not
in way of limitation, life insurance proceeds, which may be devised, bequeathed,
assigned, granted, conveyed or made payable to the Trustee by any other person,
to be added to and administered in accordance with the then applicable provisions
of the Trust or Trusts hereunder; provided, however, if more than one Trust is
then being administered hereunder, such other person may specify, in the
instrument of transfer, among which Trusts, and in what proportions such property
shall be allocated.
P. To treat the entire trust estate as a common fund for the purpose of investment,
notwithstanding any provisions herein for division thereof into shares or separate
Trusts.
Q. Any trust beneficiary will have the right at reasonable times to request of and
receive from the Trustee a complete written accounting of such matters pertaining
to the administration of the Trust as are pertinent to that beneficiary. In the
Trustee's discretion, income tax returns of the Trust and other appropriate
information may be used to satisfy such request.
R. In making distribution of my estate, my Executors (and in making distribution of
any Trust, my Trustee) is hereby granted the power to make non-prorata
distribution of assets in kind.
S. My Trustee, in addition to other powers granted, shall have the authority to
purchase life insurance on the lives of any or all beneficiaries of the Trust. In
addition, specific authority or power is granted to pay premiums on existing
policies as well as those purchased after the creation of the Trust even though said
policies may not be owned by or payable to the Trustee as beneficiary. Premiums
may be paid from the income of the Trust estate or, if necessary, from principal.
12
T. Should the principal of any Trust herein provided for be or become so small that,
in the Trustee's discretion, establishment or continuance of Trust is inadvisable,
my Trustee or my personal representative may make immediate distribution of the
then remaining principal and any accumulated or undistributed income outright to
the person or persons and in the proportions they are then entitled to. If any such
person is then a minor, distribution may be made to that person's guardian, or to a
person selected by the Trustee to be custodian for such person until the age of
twenty-five (25)years.under the Pennsylvania Uniform.Gifts to Minors Act.
U. My fiduciaries, generally, shall have full power and authority to exercise all rights
and privileges appurtenant to any property held by my fiduciaries, and to execute
and deliver any and all instruments which may be necessary or expedient in the
exercise of the powers granted herein.
V. The situs of any Trust created hereunder shall be in the County of Cumberland,
and State of Pennsylvania, and all questions pertaining to the construction or
validity of the provisions of this instrument shall be governed by the laws of that
State. Despite the foregoing, the Trustee may, at any time and from time to time,
change the situs of any Trust created hereunder as the Trustee in his sole
discretion deems desirable for the benefit or security of this Trust. The Trustee
may elect (or decline to elect) the law of a different jurisdiction and thereafter the
Court of such other jurisdiction shall have the power to effectuate the purposes of
this instrument to such extent. The Trustee may change the situs of any Trust
created hereunder, and may change the situs of one Trust without chaning the situs
of other Trusts created hereunder. This is a continuing power which will not bee�`v
13 1J I
exhausted by its use. The determination of the Trustee as to the change of situs
shall be conclusive and binding on all persons interested or claiming to be
interested in any Trust hereunder.
W. If there are co-fiduciaries serving hereunder, they may delegate any and all
management duties and responsibilities to one of them. My co-fiduciaries may,
for example, designate one of them to maintain a bank account or accounts, and in
that instance the signature of only that fiduciary shall be required to open and
maintain such account, to deposit funds to such account and to write checks on
such account.
X. The individual fiduciaries shall have jointly with the corporate fiduciary (if any)
all the powers given to the fiduciaries, except that no individual fiduciary shall
participate in the exercise of any discretion to determine the proprietary or
amounts of payments of income or principal to himself or herself or to any person
to whom he or she is legally obligated, or possess any of the incidents of
ownership with respect to any policy of insurance on his or her life, and the
remaining fiduciaries alone shall exercise that discretion and possess those
incidents of ownership.
Y. In the event of any disagreement between or among my fiduciaries, the decision of
my individual fiduciary who is not a beneficiary, except as may be limited by
Paragraph X immediately preceding, shall control. No fiduciary shall be liable for
any loss resulting from a decision in which that fiduciary did not join.
ITEM X: I appoint, NICHOLE J. KELLERT, and HAMILTON C. DAVIS, of
Shippensburg, Pennsylvania, Executors of this my Last Will. Should both of my said Executors
14
fail to qualify or cease to act as Executors, I appoint my son, FRED McGILLVRAY Executor of
this my Last Will,
ITEM XI: I appoint, NICHOLE J. 'KELLERT, and HAMILTON C. DAVIS, of
Shippensburg, Pennsylvania, Co-Trustees of any Trusts created by this my Last Will.
ITEM XIL• In the event that NICHOLE J. KELLERT, should resign, die or otherwise
be unable or unwilling to continue to act as Trustee, she shall have the power in writing
(including a provision in his Will) to designate a successor Trustee. In addition, during her
lifetime, NICHOLE J. KELLERT shall have the power, in a writing, to discharge any corporate
Trustee and name a successor Trustee (or not) as he in his discretion shall determine. Any such
successor or Co-Trustees shall have all of the power give to the Trustee under this my Last Will
but shall not be liable for acts or omissions of prior Trustees. The term "Trustee" or "Trustees"
or fiduciary or fiduciaries, shall mean the Trustee or Trustees serving at the time in question.
Should NICHOLE J. KELLERT resign or die or otherwise be unable or unwilling to designate a
successor, HAMILTON C. DAVIS shall have the power to designate a substitute Co-Trustee.
Should both NICHOLE J. KELLERT and HAMILTON C. DAVIS cease to act as Trustee and
have designated a successor Trustee, FRED McGILLVRAY, shall be substitute and successor
Trustee.
Anything herein to the contrary not withstanding, it is my intention that there shall at all
times be serving hereunder at lease one Trustee who is not a "related or subordinate parry" as
defined in Code Section 672(c), and is not a"Member of the Family" as defined in Code Section
2704(c)(2), with respect to me or any beneficiary hereunder.
ITEM XIII: I direct that my Executors and Trustees or guardian or their successors
shall not be required to give bond for the faithful performance of their duties in any jurisdiction.
15 (L
YWl
ITEM XIV: Any corporate fiduciary shall be entitled to compensation based upon its
regular schedule of fees for such services in effect from time to time during the period over
which its services are performed.
ITEM XV: Any individual fiduciary shall be entitled to reasonable compensation for
his or her services rendered from time to time unless different compensation has been provided
for in a separate letter of agreement.
ITEM XVI: 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 seventeen (17) sheets of paper, dated this hday of O(:� 0be ,
2010. A
L CPiti� C�� al)
Barbara B. McGillvray
The preceding instrument, consisting of this and sixteen (16) 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.
A&& residing at 1
dl-
residing at 19t1// ` 01
16 I�
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
I, BARBARA B. 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. y
Barbara B. McGillvray
Swom to or affirmed and acknowledged
before me by BAR$kkRA B. McGILLVRAY,the
Testatrix t 's day of
2010. COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
��� (cAl Angela ur M.Schaeffer, began Public
Shlppensburg Boro,Cumberland County
Not Public My commission Expires May 15,2011
Member,PennsyNanla Association of Notaries
COMMONWEALTH OF PENNSYLVANIA:
ss.
COUNTY OF CUMBERLAND nn
We, ✓ cra L--L ailey and 9,
_ Qe� ZO An eoK the
witnesses whose names are s' ed to the attached or foregoing instrument, be' g 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. n , - -• C
did �1S/ tt
Sworn to or affirmed and subscribed to
before me by Fri,(ia Q 11!� and
rhp_ I k ZU 111roe r wi nesses, this
—Tr' day of OC `D1 P✓ 12010.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Not Public Angela M.Schaeffer,Notary Public
y ShiPPensburg Boro,Cumberland county
My OMmisslon Ire.. May 35,2011
Member.PennsAvania Association or Notaries
17
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