HomeMy WebLinkAbout04-08-05
Estate of IT) IRIAm
also known as
PETITION FOR PROBATE and GRANT OF LETTERS
c21 -05-3.11.1
No. _
To: Q/..END/9 &Ii!'f/~,e 57#/9s8
Register of WIlls for the ' , /9(/Q /I
Deceased. 'County of (!"AJ /lFp,cAA/]) in the
Social Security No. /910 -1</- ;3 p, 4-> '/ Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age oJ: older an the execut (.! I,lf
in the last will of the above decedent, dated Cl PN 'L .;) 7
and codicil(s) dated
E. .s (' H eLLf.I,t}S~
named
,19~
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled at deatb in (! I, M J'l E R /.. t"JA/D
hER last family or principal residence at "1 R 3 S 'TAT E
FAsT 'pEA.) "."FlOE'1) TOWJ..',;H/l> PA I,O;;lS'"'
J
(list street, number and muncipality)
County, pennSYIVan~ with
STREET. k}E~T A/Ii!"IE4J
, I
Decendent, then Ii' (') years of age, died rY),q l! e H Q) 9 ,
at s.s F. // ~ S 7:J 170.;)C
Except as follows, decedent did not marry, was not divorced and did not have a child born or dopted
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 $.
siwated as follows: '::'?J'~ S.r:Tf:, S~~ET,~":;;" F,<}JItl//IEu},
P~~JA!,S'R/JR{) _Oy_A/c<;'_ /_ ) ~._ J7___~_
j.;/o,OOO-
.
~4"' "0" -
,
.$.A.:5,
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters
theron.
(testamentary~ administration c.La.; administration d.b.n.c.t.a.)
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEA.t,.TH OF PENNSYLVANIA } ss
COUNTY OF ~~\Q)C'c\ .
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 and truly administer the estate according to law,
Sworn to or affi>-l!ltld and subscribed {~,U;~ eJ. (1AA~ ~
bef me this ' ( ,......... day of_ ~\ ~
~oo<J ~
~
~~~~ L ~
No. c2l-05-3~lo
Estlllte lif \'\\~~2 So h 0 OQ.h.o..c, L
, Deceased
DECREE OF PRO.BA'IJE AND GRANT Of LETTERS
AND NOW n~ J... I c;)OO5 ~_, in consideration of the petition on
the reverse side hereof, satisfactory proof having been preseuted before me,
IT IS DECREED that the inmument(s) dated 1..\ -.;21 - q y-
of record as the last will of
and Letters T.e.s-m.rn-e0TQY''-'J
are hereby granted to 3~Ul ,s (1 ~t)
~~QL
. Re~ister of Wills ~ 1)-
~ FEES IS-: vO
Probate, Letters, Etc. ......... $!)[r). 0/)
Short Certificates( ).......... $ 40 , Ou
ReR 1'-~-\;\4'<>-~ '500'
c-)~;I> $ 10. au
TOTAL _ $cl70 ,00
Filed . .Lf.~. J..--..Q$....................
AITORNEY (Sup. Ct. J.D. No.)
ADDRESS
PHONE
4
t~t~
HIO~\i.i\'; REV lill';
T:,is is to certify that the information here given is correctly copied from an original certificate of death duly tiled with me as
L,)cal Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
p 11.s'~7nE;;
No.
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Local Registrar
Fee for this certificate, $6.00
MAR 3 1 Z005
Date
ITEM II
SHOULD READ AS FOLLOWS:
FG ~/lc~d:~
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143Rev.2i81
COMMONWEALTH Of PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAl RECORDS
,",)
CERTIFICATE OF DEATH
80 YIa.
SEJ<
t.
STATE FILE Nut.l8f:R
SOC.....L SECURITV NUMBER
,.
"",,0
~o
nlndl8n,BII.d<.,W.,4i
NAME Of OECEDENT (FQt, Middle, Last)
..
AGE (lllllslBlnhday)
'.
COUNTY OF OEATH
DATE OF BIRTH
(Mon-ItI,Dey,V_}
i110jl924
BIRTHPLACE (City and
Sta\eorFQ{8ignCOuntry) HO At'
lIlest Fairvi~fi;:'-O
ERlou,pal*uD
CllV, BQfl.O, TWP OF DEATH-
fACILITY NAME (If not institution, giV4i streel end numbat)
lb. Cumberland
DECEDENTS USUAl OCCUP....TlON
(~....=:w"::..~~
11L secretar fib. borou h
OECEDENrS MAILING ADDRESS (Streal, CilyfTown, $tale, Z~ Code) DE.CEOENl'S
483 state Street ~~N~
W .. 17025 (SeeIr'lllruClions
1', est FalrVlew,PA OI1olherllde)
FATHER'S NAME (F"-l, Middle, Lul}
".
INFORUANrS NAME (Type/Prinl)
2Oa. nee
METHOD OF DIS ~
DonationO Burial l)Q.CrerNdion ~valCron\SIale 0
.. 21L (Specify) a1b.
Sl OF FUNERAl ICE LICENSEE OR PERSON ....CTING AS SUCH
~.est Fairview
KIND OF BUSINESS I INDUSTRY
u483 State Street
AS DECEDENT EVER IN OECEDENT'S EDUCATION
U.S. ARMED FOflS? (Sp.-;j 0 III -..i>MWd1
O .........,.,a<y Col.
Yu No 12(0--12) (1"'''''5.,
12. 13. ,..
17a.Slala PAnnQy"r.,.ni:::il~~er'lt 1Tti.OV1P,t1l111cedantliVedlrl
liveln. h::. NO,dttl;adanlltved
17b. COllnlv Cumberland lownship? 11d.JD wilhinllCtllatllmllso' WAg+- F:::il~ r'U~ c:.'Y
MOrtiER'S NAME (fnl, Middle, Maiden Surnema)
".
II'tFORMANT'S WJLING ....DDRESS (SInMlI, CilyfTown, Slala, ZIp Code)
20b.
PlACE Of DISPOS/TION- NalT\Cl of Cemlllaly. Crematoly LOCATION -Cl\'ylTown, S\ate. Zlp Coda
otO\llarPlaca
tAARllAl.. ST....TUS - Monied,
NeverMan1ed.WickJwed.
OHoroed(SpedIy}
".
....
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Frank Everhart
t
21cCon-O-Li te Cre at
NAA-IE AND ADDRE.SS Of FAClUTY
chaefferstown,PA
ald.
LICENSE NUMBER O....T StG 0
jMol1th,O.y, Yeaf)
231:>. 23c,
WAS CASE REFERREO TO ~lJlCAL~NE~OROHER?
H. Yes 3l /)l F;H"'. F. j:::.J.lo 0
:ApprOJdrnaW PART/f: .lIlgn/flcantcoodltlona~lodHlt\.blI\
'1n\eIVal~ notr-*inglnthaUl'ld!IfIyWIgceuM~"InPARTt.
:onsetanddaath
~ll8tcondlllon$ b.
lfllny,lhdlr.g\OirrwnedIf;Ia
cause. Entt/l UNOERL YING l
CA\nl1:((*e8IIaorlnjllry ..,
lhal initiated evenl5
resulllng on dealh) LAST d.
WAS AN AUTOPSY WERE AUTOPSY FINDINGS
PERFORMED? AVAIlABLE PRIOR TO
COMPlETION OF CAUSE
OF DEATt-I?
UET (
.lie S UNCE I:
YPO
MANNER Of DEATH
ff
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Pandlnglnve$llQedon
COuldnotbedulellllln6<l
DATE OF INJURY
(""'~IIl, o.y. v....)
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TIMEOFINJUR'/
INJURY AT WORK? OESCRIBE HOW INJURY OCCURRED.
YesO No
NOrz(
SUicide
30a.
PLACE OF INJURY
t1ujkljng..lc.!S~1
....
Yu 0 No 0
3Ob. M. 30...
Atnoma,f.rm,weel,faclOfy,oftk:e
Acddent
218. 21b.
CERTIfIER (Chedl only Ol'Ill)
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to.
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LAST WILL AND TESTAMENT
OF
MIRIAM E. SCHELLHASE
I, MIRIAM E. SCHELLHASE, now of 483 State Street, West'
Fairview, Cumberland County, Pennsylvania 17025, do publish 'and
declare this to be my Last will and Testament, hereby revoking-..
all other prior wills and codicils made by me.
FIRST: Family Background and Appointment of Executor.
(A) FamilY and Background Information. I am married to
ARTHUR E. SCHELLHASE, JR. I have not been previously married.
The children of our marriage are JANICE S. CROTTY, KAREN E.
SCHELLHASE ZYWAN and LEANN LONG. Throughout this Will, ARTHUR E.
SCHELLHASE, JR. will be referred to as "my husband" or "my
spouse", and JANICE S. CROTTY, KAREN E. SCHELLHASE ZYWAN and
LEANN LONG will be referred to as "my children" or "my
daughters". The word "issue" will include any children as well
as my other descendants.
(B) Appointment
successor Executrices
Executors} under this
corporations to serve
account to any Court:
of Executor. I appoint as my Executrix and
(all hereinafter referred to as Executor or
Will, the fOllowing named persons or
without bond and without being required to
Executrix:
My daughter, JANICE S. CROTTY.
Successor Executrices: My daughters, KAREN E.
SCHELLHASE ZYWAN and LEANN
LONG, or the survivor of them,
to act jointly or individually.
(C) Inter Vivos Trust. The inter vivos trust agreement
referred to in this will is entitled "THE SCHELLHASE FAMILY
IRREVOCABLE TRUST," dated /jfJ/lIL 77 ' 1994, by and between
MIRIAM E. SCHELLHASE and ARTHUR E. SCHELLHASE, JR., as Settlors,
and MIRIAM E. SCHELLHASE, as Trustee, as now in effect or as may
hereafter be amended.
SECOND: Funeral and Last Illness Expenses; Taxes.
(A) Expenses of Funeral and Last Illness. Notwithstanding
that my spouse survives me, I direct my Executor to pay my
funeral expenses and the expenses of my last illness from
--?;;l g ...j
LAST WILL AND TESTAMENT
OF
MIRIAM E. SCHELLHASE
PAGE 2
estate. In addition, my Executor may notify the Trustee of the
Trust described in paragraph FIRST (C) of any such expenses and
my Executor may accept reimbursement from such Trustee.
(B) Taxes. I direct my Executor to pay any and all estate,
inheritance, succession, legacy, transfer and other death taxes
or duties, by whatever name called, including any and all
interest and penalties thereon, imposed under the laws of any
juriSdiction by reason of my death upon or with respect to any
and all property included in my gross estate for the purpose of
such taxes, whether such property passes under or outside of this
will. without any apportionment otherwise required by law and
without being prorated or apportioned among or charged against
the respective devises, legatees, beneficiaries, transferees, or
other recipients of any such property or charged against any
property passing or which may have passed to any of them, I
direct that any taxes so paid shall be charged against my
residuary estate. My Executor shall not be entitled to
reimbursement for any portion of any such taxes from any such
person. The foregoing provisions of this Article SECOND shall
not apply to such portion or portions of said taxes, interest and
penalties which may be required to be paid, or are actually paid
or reimbursed, by the Trustee of the Trust described in Paragraph
FIRST (C), above.
THIRD: Tangible Personal Property. Except for those items
excluded below and those items enumerated in the Letter of
Instruction, I bequeath all my tangible personal property,
including but not limited to clothing, jewelry, heirlooms,
furniture, household furnishings, personal effects, motor
vehicles, and all other similar articles, which I own, and the
insurance thereon, to my spouse, ARTHUR E. SCHELLHASE. JR., if he
survives me by sixty (60) days. Tangible personal property shall
not include: (1) any and all property used by me in any
business, (2) cash on hand or on deposit in banks, (3) stock or
securities, (4) any type of evidence of indebtedness, and (5) any
life, health or accident insurance policies.
If my spouse does not survive me by sixty (60) days, I leave
such tangible personal property to my children, JANICE S. CROTTY,
KAREN E. SCHELLHASE ZYWAN and LEANN LONG, per stirpes, to be
divided among them as they may select in as nearly equal shares
as is practical. If there is any disagreement as to
distribution, I direct my Executor to make such distributi
7778...1
LAST WILL AND TESTAMENT
OF
MIRIAM E. SCHELLHASE
PAGE 3
The decision of my Executor shall be final and binding. Any
items not selected or any items which my Executor considers
unsuitable for my children may be distributed or sold in the sole
discretion of my Executor and, if sold, the net proceeds
therefrom shall be added to the residue of my estate. Any such
article allocated to a minor may, as my Executor deems advisable,
either be delivered to the minor or to any person to safeguard on
behalf of the minor.
Notwithstanding any other provisions in this Article THIRD,
I may leave a separate, dated and unsigned Letter of Instruction,
which I shall place with my Will, containing directions as to the
ultimate disposition of certain of the property bequeathed under
this Article THIRD, and such Letter of Instruction shall
determine the distribution of such items.
FOURTH: Residuary Estate. I devise and bequeath all of the
rest, residue and remainder of my estate, real, personal and
mixed, of whatever nature and wherever situated to which I am
legally or equitably entitled, to the then-acting Trustee(s) of
the Trust described in Paragraph FIRST (C) of this Will, to be
held, administered and distributed pursuant to the terms thereof,
as the same may be amended from time to time. By this devise and
bequest of my residuary estate I hereby exercise all Powers of
Appointment I possess at the time of my death except any power of
appointment which I possess under the Trust described in
Paragraph FIRST (C) of this will.
FIFTH: Powers of Executor. In addition to the powers and
duties as may have been granted elsewhere in this Will, but
subject to any limitations stated elsewhere in this Will, the
Executor shall have and exercise exclusive management and control
of the Estate and shall be vested with the following specific
powers and discretion, in addition to the powers as may be
generally conferred from time to time upon the Executor by law:
(A) In the management, care and disposition of the Estate,
the Executor shall have the power to do all things and to execute
such instruments, deeds, or other documents as may be deemed
necessary or proper, including the following powers, all of which
may be exercised without order of or report to any Court:
(1) To sell, exchange or otherwise dispose of an
property at any time held or acquired hereunder, at p
~7g~
LAST WILL AND TESTAMENT
OF
MIRIAM E. SCHELLHASE
PAGE 4
or private sale, for cash or on terms, without
advertisement, including the right to lease for any term
notwithstanding the period of the Estate, and to grant
options, including any option for a period beyond the
duration of the Estate; except that, in lieu of any binding
shareholder agreement or buy/sell agreement to the contrary,
the Executor shall not be permitted to sell the stock or any
other ownership interest in any business owned by me, or
held in trust, at my death, without first offering the same
for sale to my children, or without next offering the same
to the corporation or business represented by such ownership
interest for redemption.
(2) To invest all monies in such stocks, bonds,
securities, mortgages, notes, choses in action, real estate
or improvements thereon, and any other property as the
Executor may deem best, without regard to any law now or
hereafter enforced limiting investments of fiduciaries,
except that the Executor may not invest in any securities
issued by the corporate Executor, or issued by a parent or
affiliate company of such Executor.
(3) To retain for investment any property deposited
with the Executor hereunder; except that the Executor may
not retain for investment any stock in the corporate
Executor, or in a parent or affiliate company of such
Executor.
(4) To vote in person or by proxy any corporate stock
or other security and to agree to or take any other action
in regard to any reorganization, merger, consolidation,
liquidation, bankruptcy or other procedure or proceedings
affecting any stock, bond, note or other security.
(5) To use attorneys, real estate brokers, accountants
and other agents, if such employment is deemed necessary or
desirable, and to pay reasonable compensation for their
services.
(6) To compromise, settle or adjust any claim or
demand by or against the Estate and to agree to any
rescission or modification of any contract or agreement
affecting the Estate.
?n E ...f
LAST WILL AND TESTAMENT
OF
MIRIAM E. SCHELLHASE
PAGE 5
(7) To renew any indebtedness, as well as to borrow
money, and to secure the same by mortgaging, pledging or
conveying any property of the Estate.
(8) To retain and carry on any business in which the
Estate may acquire an interest, to acquire additional
interest in any such business, to agree to the liquidation
in kind of any corporation in which the Estate may have an
interest and to carryon the business thereof, to join with
other owners in adopting any form of management for any
business or property in which the Estate may have an
interest, to become or remain a partner, general or limited,
in regard to any such business or property and to hold the
stock or other securities as an investment, and to employ
agents and confer on them authority to manage and operate
the business, property or corporation, without liability for
the acts of such agent or for any loss, liability or
indebtedness of such business if the management is selected
or retained with reasonable care.
(9) To register any stock, bond or other security in
the name of a nominee, without the addition of words
indicating that such security is held in a fiduciary
capacity, but accurate records shall be maintained showing
that such security is a Estate asset and the Executor shall
be responsible for the acts of such nominee.
(B) Whenever the Executor is directed to distribute any
Estate assets in fee simple to a person who is then under twenty-
one (21) years of age, the Executor shall be authorized to hold
such property in Trust for such person until he/she becomes
twenty-one (21) years of age, and in the meantime shall use such
part of the income and the principal of the Estate as the
Executor may deem necessary to provide for the proper support and
education of such person. If such person should die before
becoming twenty-one (21) years of age, the property then
remaining in trust shall be distributed to the personal
representative of such person's estate.
(C) In making distributions from the Estate to or for the
benefit of any minor or other person under a legal disability,
the Executor need not require the appointment of a guardian, but
shall be authorized to payor deliver the same to the custod'an
of such person, to payor deliver the same to such person w hout
7J 7 g....l
LAST WILL AND TESTAMENT
OF
MIRIAM E.-SCHELLHASE
PAGE 6
the intervention of a guardian, to payor deliver the same to a
legal guardian of such person if one has already been appointed,
or to use the same for the benefit of such person.
ID) In the disbursement of the Estate and any division into
separate trusts or shares, the Executor shall be authorized to
make the distribution and division in money or in kind, or both,
regardless of the basis for income tax purposes of any property
distributed or divided in kind, and the distribution and division
made and the values established by the Executor shall be binding
and conclusive on all persons taking hereunder. The Executor may
in making such distribution or division allot undivided interests
in the same property to several trusts or shares.
IE) The Executor shall be authorized to lend or borrow,
including the right to lend to or borrow from any trusts which I
or my spouse may have established during life or by will at an
adequate rate of interest and with adequate security, and upon
such terms and conditions as the Executor shall deem fair and
equitable.
IF) The Executor shall be authorized to sell or purchase at
the fair market value as determined by the Executor, any property
to or from any trust created by me or my spouse during life or by
Will, even though the same person or corporation may be acting as
Executor of my estate or as Trustee of any of my other trusts.
IG) The Executor shall have discretion to determine whether
items should be charged or credited to income or principal or
allocated between income and principal as the Executor may deem
equitable and fair under all the circumstances, including the
power to amortize or fail to amortize any part or all of any
premium or discount, to treat any part or all of the profit
resulting from the maturity or sale of any asset, whether
purchased at a premium or at a discount, as income or principal
or apportion the same between income and principal, to apportion
the sales price of any asset between income and principal, to
treat any dividend or other distribution of any investment as
income or principal, or apportion the same between income and
principal, to charge any expense against income or principal or
apportion the same, and to provide or fail to provide a
reasonable reserve against depreciation or obsolescence on any
assets subject to depreciation or obsolescence, all as the
Executor may reasonably deem equitable and just under all t
08~
LAST WILL AND TESTAMENT
OF
MIRIAM E.-SCHELLHASE
PAGE 7
circumstances. If the Executor does not exercise the above
discretionary power, the cash or accrual allocation shall be in
accordance with Chapter 81 of Title 20 of the Pennsylvania
Consolidated Statutes, or the corresponding provisions of
subsequent state law.
(H) If at any time the total fair market value of the
assets of any trust established or to be established hereunder is
so small that the corporate Trustee's annual fee for
administering the trust would be the minimum annual fee set forth
in the Trustee's regularly published fee schedule then, in
effect, the Trustee in its discretion shall be authorized to
terminate such trust or to decide not to establish such trust,
and in such event the property then held in or to be distributed
to such trust shall be distributed to the persons who are then or
would be entitled to the income of such trust. If the amount of
income to be received by such persons is to be determined in the
discretion of the Trustee, then the Trustee shall distribute the
property among such of the persons to whom the Trustee is
authorized to distribute income, and in such proportions, as the
Trustee in its discretion shall determine.
(I) Except as otherwise provided in this Will, when the
authority and power under this will are vested in two (2) or more
Executors or Trustees, the authority and powers are to be held
jointly by the Executors or Trustees, respectively. A majority
of the Executors or Trustees may exercise any authority or power
granted under this will or granted by law, and may act under this
will. Any attempt by one such Executor or Trustee to act under
this Will on other than ministerial acts shall be void. The
action of one such Executor or Trustee under this Will may be
validated by a subsequent ratification of the act by a majority
of the Executors or Trustees.
SIXTH: Riqhts and Liabilities of Executor.
(A) No bond or other security shall be required of any
Executor.
(B) This instrument always shall be construed in favor of
the validity of any act or omission by any Executor, and any
Executor shall not be liable for any act or omission except in
the case of gross negligence, bad faith or fraud. Specifica ly,
in assessing the propriety of any investment, the overall
71; ~ ..j
LAST WILL AND TESTAMENT
OF
MIRIAM E. SCHELLHASE
PAGE 8
performance of the entire Estate shall be taken into account.
(C) Each Executor shall be entitled to receive reasonable
compensation for services actually rendered to my estate, in an
amount the Executor normally and customarily charges for
performing similar services during the time which he/she performs
the services.
SEVENTH: Spendthrift Provision. No beneficiary shall have
the power to anticipate, encumber or transfer his or her interest
in the estate in any manner other than by the valid exercise of a
power of appointment. No part of the estate shall be liable for
or charged with any debts, contracts, liabilities or torts of a
beneficiary or subject to seizure or other process by any
creditor of a beneficiary.
EIGHTH: Tax Elections.
(A) In determining the estate, inheritance and income tax
liability relating to my Estate, the Executor's decision as to
all available tax elections shall be conclusive on all concerned.
If the Executor joins with my spouse in filing income tax
returns, or consenting for gift tax purposes to having gifts made
by either of us during my life considered as having been made
one-half by each of us, any resulting liability shall be borne by
my Estate and my spouse in such proportions as they may agree.
In accordance with IRe Section 2632(a) and without regard to
whether a Federal estate tax return is actually filed, my
Executor shall allocate so much of the Federal Generation
Skipping Transfer (GST) exemption amount as will fully exempt any
generation skipping transfer which may occur under this Will.
(B) The Executor may, in its discretion, determine the date
as of which my gross estate shall be valued for the purpose of
determining the applicable tax payable by reason of my death.
(C) The Executor may, in its discretion, decide whether all
or any part of certain deductions shall be taken as income tax
deductions (even though they may equal or exceed the taxable
income of my estate and whether or not claimed or of benefit on
my estate's income tax return) or as estate tax deductions when a
choice is available; and in the event that all or any part of
such deductions are taken as income tax deductions, no adjus
of income and principal accounts in my estate shall be made
7778 --d
LAST WILL AND TESTAMENT
OF
MIRIAM E. SCHELLHASE
PAGE 9
result of such decisions.
NINTH: Definitions and General Provisions.
(A) Survival. Any beneficiary who dies within sixty (60)
days after my death shall be considered not to have survived me.
(B) Captions. The captions set forth in this Will at the
beginning of the various articles hereof are for convenience of
reference only and shall not be deemed to define or limit the
provisions hereof or to affect in any way their construction and
application.
(C) Children. As used in this Will, the words "child" and
"children" shall include persons who are legally adopted and the
issue of said persons, whether born in or out of wedlock, so long
as any person born out of wedlock is acknowledge in a written
instrument executed by the one of their natural parents who is a
descendant of mine to be the child of said descendant. The word
"issue" shall include descendants of all generations. A
posthumous child shall be considered as living at the death of
his parent. The birth to me or the adoption by me of a child or
children subsequent to the execution of this will shall not
operate to revoke this will. Except for discretionary
distributions which may be made unequally among a group of
persons and distributions pursuant to a valid exercise of a power
of appointment, in making a distribution to the children of any
person, the property to be distributed shall be divided into as
many shares as there are living children of the person and
deceased children of the person who left children who are then
living. Each living child shall take one share and the share of
each deceased child shall be divided among his then-living
descendants in the same manner.
(D) Code. Unless otherwise stated, all references in my
will to section and chapter numbers are to those of the Internal
Revenue Code of 1986, as amended, or the corresponding provisions
of any subsequent federal tax laws applicable to my estate.
(E)
genders,
includes
Other terms.
and the use of
the other.
The use of any gender includes the other
either the singUlar or the plural
(F) Powers of APpointment are Exercised. By
77) tfi --J
LAST WILL AND TESTAMENT
OF
MIRIAM E. SCHELLHASE
PAGE 10
exercise any and all Powers of Appointment which I possess at the
time of my death except any power of appointment which I possess
under the Trust described in Paragraph FIRST (e), above.
IN WITNESS WHEREOF, I, MIRIAM E. SCHELLHASE. the Testatrix,
have to this my Last Will and Testament. typewritten on eleven
(11) pages, including the Acknowledgment and Affidavit, set my
hand and seal this ..;{ 7"'." day of O/w/F; , 1994.
- ':J.{~ ~':'~~LL~1F~h//.) ;
Signed, sealed, published and declared by the above-named
Testatrix, as and for her Last Will and Testament, in the
presence of us, who have hereunto subscribed our names at her
request. as witnesses hereto, in the presence of the said
Testatrix, and in the presence of each other. Each of us further
declares that he or she believes the Testatrix to be of sound
mind and memory. The preceding instrument consists of this and
ten (10) er consecutively numbered typewritten pages including
the Ack wl dgment and Affidavit.
L.,//V
residing at
(~~VetN\~(lM1, Ii--
,
U!wtlL-l(. 6
(pr' t name)
~c A.~~
&. Fl-(' if- (1 Aba Ie /tu
(print name)
res iding at lJl /!s../J LI I I" I
0'
P4
ACKNOWLEDGMENT AND AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C l)/II1. bul {).Il d
SS:
The Testatrix and the witnesses whose names are signed and
subscribed to the attached or foregoing instrument, being first
duly sworn and qualified according to law, do hereby acknowledge,
depose and say to the undersigned authority, that the Testatrix
signed and executed the instrument as her Last Will in the
presence of the witnesses; that she signed it willingly or
willingly directed another to sign it for her; that she executed
it as her free and voluntary act for the purposes therein
expressed; that each of the witnesses were present and saw the
Testatrix sign and execute the instrument as her Last Will; that
each subscribing witness in the hearing and sight of the
Testatrix signed the will as witnesses; and that to the best of
their knowledge the Testatrix was at that time eighteen years of
age or older, of sound mind and under no constraint or undue
influence.
G k'lc-'~/~h/7AJ-'
Testatrix
,tV
Witness
Sworn to or
before me ~ the
day of /Jr/ I
.
affirmed, subscribed to, and acknowledged, "'7"fh
above-named Testatrix and witnesses, this ~
, 1994.
..d Jat~ # '1Ja t'f
~Notary ublic
My Commission Expires:
Notarial Seal
St.acey L ',000. No!aly Public
Femlanagd ~ "p., Juniata County
My O.)rrmi:;sjcn EXpir€S O::t. 16, 1995
Ivier:lber, P8nnS}'j';ar~aAssodation of Noia1ies