HomeMy WebLinkAbout08-19-14 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,apply(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:
Decedent's Information
Name: Jane G Stephenson File No: 21-14
a/i Sarah Jinn G.Stephenson (Assigned by Register)
a/k/a: Social Security No:
Date of Death: 0SM/2014 Age at Death: 95
Decedent was domiciled at death in Cumberland County, PA (Statd)with his/her last
principal residence at 1700 Market Street,Camp Hill 17011 Camp Hill Cumberland
Street address,Post 0i and zip Code City.Townstdp or Borough Coumy
Decedent died at 1700 Market Street,Camp Hill 17011 Camp Hill Cumberland PA
Street address,Post Office and Zip Code City,Township or Borough County State
^d
C
Estimate of value of decedent's property at death: -t-,
If domiciled in Pennsylvania........................ All personal properly $
If not domiciled in Penns y lvania. ............ Personal property y in Pennsylvania $
ifnotdomiciledin Pennsylvania-,.............. Personal property in County $
Value of real estate in Pennsylvan ia........... $
TOTAL ESTIMATEDc A E$ -;» 19,00 ?00
Raw estate to Pennsylvania situated at d t W fir;
(Attach additional sheets,if necessary,) �,. �-' C-,)
Street address,Past Office and Zip Code City,Township or Borough IMnty
Q
X A. Petition for Probate and Grant of Letters Testamentary ,�y`�^ Q' f�
Pedtioner(s)averts)that he/she/they islare the Executors)named in the Last Will of the Decedent,dated ✓u.yl E, I 7, "^" and Codicils)
thereto dated
t 0,17 A('gyp 6
(State reWVant crcumsta es.eg,rcnvrrclation,deetno eecvtor,etc)
Except as follows:after the execution of the instruments)offered for probate,Decedent did not marry,was not divorced,was not a parry to a pending
divorce proceeding wherein the grounds for divorce had been established as tlefindd in 23 Pa.QS g 3323(g),and did not have a child born or
adopted:and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
[X NO EXCEPTIONS Q EXCEPTIONS
❑B- Petition for Grant of Letters of Administration (If appticabie)
d t a.;d. .n.;d. .n.a t.a.;pe ente lite,duran ea sepia; urentemmonate
If Administration,c.t.a or d.b.n.c.t.s.,enter data of Will in Section A above and complete list of heirs.
Except as follows:Decedent was not a party to pending divorce proceeding wherein the grounds for divorce had been established as defined
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person.
❑X NO EXCEPTIONS❑ EXCEPTIONS
Petitioner(s),after a proper search haslhave ascenatned that Decedent left rm Will and was survived by the following spouse(if any)and heirs lattach
additional sheets,if necessary):
Name Relationship Address
Form RW-02 rev.10.112011 Copyright(c)2011 form software only The Lackner Group,Inc. Page 1 of 2
I
Oath of Personal Representative Oil Use Only
COMMONWEALTH OF PENNSYLVANIA }
COUNTY OF Cumberland } SS:
}
Petitioner(s)Printed Name Petitioner(s)Printed Address
Thomas G.Stephenson 15 Craig Run Road
Duncannon,PA 17020
The Petitioner(s)above-named swears)or affirms)the statements in the foregoing Petition line true and correct to the best of the knowledge and
belief of Petitioner(s)and that,as Personal Representative(s)of the Cedent, Petite r(s ill well and truly administer the estate according to law.
Sworn to or affirmed and subscribed before �•"� nlrri�� _ Date
me this ay of 1 ' �l� Date
By: f A ksl yt' 1 Date
For the Register Date
BOND Required? ❑ Yes ❑X No To the Register of Wills: .
FEES / Please enter my appearance by my signature below:
Letters.......................................... �..1pO Attorney Signature:
Short Certificate(s)........_
(_)Renunciati�l(s)............... Irj
1 )Codicil(s)...t..Y1_1E>..
(_)Affidavit(s)....................... Printed Name: William R Bunt Esq
Bond.............................................. Supreme Court
Commission................................... ID Number: 21529
Other W I 11 C•> =�
Inv ° s--
5 Firm Name: Law Office of William R.B � :I-
-T-1
}I�1Vl.."'C^C1y_ U'0 A r—I) �� Address: 109 S.Carlisle Street
P.O.Box 336
New Bloomfield,PA 170681
Dj
Phone: 7171582.8195 D •• `�n
Automation Fee...
Fax: 7171
JCSFee............................... ...... S
TOTAL....................................__....... $ � �, p E-mail: wrb @pa.net
DECREE OF THE REGISTER
Date of Death: 0810612014
Social Security No:
Estate of Jane G Stephenson File No: 21 -14 —
atkfa: Sarah JAG.Stephenson
AND NOW, U%t Iq 2bt q in consideration of the foregoing Petition,
satisfactory proof having been present before re me,IT Is DECREED that Letters Testamentary
are hereby granted to Thomas G.Stephenson
in the above estate and(if applicable)that the instrument(s)dated (4 l Abp ii l dQfi-ecl 3,k3m 4 t'-I W
described in the Petition be admitted to probate and filed of record as th last Will(and Codicil(s))of Decedent.
Re i5t r f Wills
Fonn RW-OT rev f0-i1-2011 Copyright(c)2011 form software only The Lackner Cro Inc k Page 2 of 2
jEnot Bill anbt &Otnutent
m =
of
JANE G. STEPHENSON
I, JANE G. STEPHENSON, a resident of Pinellas County,
State of Florida, being of sound and disposing mind and
memory, do hereby make, publish and declare this to be my
Last' Will and Testament, hereby revoking and annulling all
other Wills and Codicils by me heretofore made.
I
I desire and direct that all my legal debts and funeral
expenses (including the purchase of a monument and/or head-
stone) be paid without unnecessary delay by my personal
representative hereinafter named and appointed.
II
I direct my personal representative to pay upon my
decease any and all my taxes which may then be due and owing
' and/or which may be subsequently levied against my estate,
whether inheritance taxes or otherwise, and no part of my
tax shall be apportioned or prorated.
III
I may leave a written statement or list disposing of
certain items of my tangible personal property not otherwise
disposed of above. Any such statement or list in existence
at the time of my death shall be determinative with respect
to all items devised therein. All items not specifically
devised thereby and not specifically devised previously in
the Will I devise to my husband, THOMAS C . STEPHENSON. If
no written statement or list is found and properly identified
by my personal representative within thirty days after his
qualification it shall be presumed that there is no such
statement or list and any subsequently discovered statement
or list shall be ignored.
I direct that any expenses incurred in safeguarding or
delivering such property be paid from my estate as an adminis-
9 . AZL
ANE G. STEPHENSON
tration expense thereof. If my said husband, THOMAS C.
STEPHENSON, shall not survive me, I bequeath all of the
aforesaid property which he would be entitled to receive to
be divided equally between my two (2) children, THOMAS G.
STEPHENSON and JANE S. WITMER, share and share alike, per
stirpes.
IV
All of the rest, residue and remainder of my estate of
whatsoever character and wheresoever situate I give, devise
and bequeath to my husband, THOMAS C. STEPHENSON, providing
he survives me.
If my husband, THOMAS C. STEPHENSON, does not survive
me, then all the rest, residue and remainder of my estate,
of whatsoever character and wheresoever situate, I give and
bequeath to the then Trustee under that certain Trust Agreement
by me made as Settlor and Trustee dated the day of
June, 1980, the same to become a part and be distributed
under the terms and conditions of said Trust Agreement and
any subsequent amendments. By this reference I do not
incorporate by reference any provisions of said Trust Agreement
(which Trust has independent significance) so that property
so devised and bequeathed to said Trustee be blended with
and thereafter be administered and accounted for in all
respects as an integral part of said living trust as so
enlarged; and, accordingly, the receipt of the said Trustee
for the property passing to it by this Will shall be a
complete discharge and acquittance to my personal representa-
tive.
PROVIDED, that should for any reason that certain Trust
Agreement aforementioned be declared a nullity or be revoked
by me or through operation of law, then in that event, I
adopt the terms and provisions thereof (including subsequent
amendments, if anyl as part of this, my Last Will and Testa-
ment, as though set forth herein, and I direct that my-
estate be distributed in accordance with said terms and
provisions.
ANE G. STEPHENSON
-2-
V
I do hereby nominate, constitute and appoint my husband,
THOMAS C. STEPHENSON, as personal representative of this, my
Last Will and Testament, to serve without bond. However, if
he be unwilling or unable to so act, then I nominate,
constitute and appoint my daughter, JANE S. WITMER, as first
alternate or successor personal representative of this, my
Last Will and Testament, to serve without bond. However, if
she be unwilling or unable to so act, then I nominate,
constitute and appoint my son, THOMAS G. STEPHENSON, as
second alternate or successor personal representative of
this, my Last Will and Testament, to serve without bond.
VI
In the administration of my estate, my personal repre-
sentative may sell , transfer or convey any part of my estate,
of whatever kind and description and wherever situate, at
such time and price and upon such terms and conditions as
may be deemed expedient, without obtaining an order of
Court.
IN WITNESS WHEREOF, I have hereunto set my hand and
seal to this, my Last Will and Testament, on this t/ `day
of June, 1980 , at St. Petersburg, Pinellas County, Florida.
CSEAL)
�RNE G. STEPHENS N
The foregoing instrument, of which this is the third of
three pages, was signed, sealed, declared and published by
JANE G. STEPHENSON as her Last Will and Testament, in the
presence of us, the undersigned, who, at her special instance
and request, do attest as witnesses after the said Testatrix
signed her name thereto, in her presence and in the presence
of each other, the day and year last written.
tecn.i of St. Petersburg , Florida.
ZGtGOf St. Petersburg , Florida.
f St. Petersburg Florida.
-3-
NOTARY FOR PROOF OF WILL
STATE OF FLORIDA
COUNTY OF PINELLAS
We, JANE G. STEPHENSON, DONA L. BROWN
and DOROTHY H. ADMIRE , the testatrix and
the witnesses respectively, whose names are signed to the
attached or foregoing instrument, being first duly sworn, do
hereby declare to the undersigned officer that the testatrix
signed the instrument as her last Will and that she signed
voluntarily (or directed another to sign for her, and did so
voluntarily) and that each of the witnesses in the presence
of the testatrix, at her request, and in the presence of
each other signed the Will as a witness and that to the best
of the knowledge of each witness the testatrix was at that
time 18 or more years of age, of sound mind and under no
constraint or undue influence.
Ad— t7-')
Testatri/x� �
Witness
Witne
Subscribed and acknowledged before me by JANE G. STEPHENSON,
the testatrix, and subscribed and sworn before me by
DONA L. BROWN and DOROTHY H. ADMIRE ,
the witnesses, on June LV, 1980
tttttttrtrir�� �?i�r tom.` ���`�`--•......
D. C, Notary Public
�� � :• •••�� = My commission expires :
A:1060 y'.7-
Watery Public, State of Florida at Large
:. ptJB>�'�, : ! My Commission Expires NOV. 7, 1980
J'
4
TRUST AGREEMENT
of n -..--
M-1c"
JANE G. STEPHENSON
Dil
CDC,
'?
Trust I.D. THIS AGREEMENT is executed in duplicate this Pll/--,,-day
#59-6655502 of June, 1980, between JANE G. STEPHENSON, hereinafter
referred to as the "Settlor" , and JANE G. STEPHENSON, hereinafter
referred to as the "Trustee" . The First Successor Trustee
shall be JANE S. WITMER, of Roanoke, Virginia. The Second
Successor Trustee shall be THOMAS G . STEPHENSON, of Duncannon,
Pennsylvania. A Successor Trustee shall assume the capacity
of Trustee only in the event of the incapacity, death or
voluntary resignation of the original Trustee hereof.
W I T N E S S E T H:
That the Settlor, for and in consideration of the
covenants herein contained and for TEN ($10 .0.0) DOLLARS and
other good and valuable considerations, hereby transfer,
assign and deliver all assets shown on Schedule "A" annexed
hereto and made a part hereof, receipt of which, IN TRUST,
is hereby acknowledged by the said Trustee to be held. and
administered together with all other property that may from
time to time be added to this Trust, IN TRUST, for the uses
and purposes stated and upon the following terms and conditions:
FIRST:
SETTLOR LIFE INTEREST: The Trustee shall pay the entire net
proceeds from the income of the Trust Fund and capital gains
distributions from investment trusts to or for the benefit
of the Settlor, while living. In addition thereto, the -
Trustee shall make payment from the principal of the Trust
Fund to or for the benefit of the Settlor, in such- sums and
at such times as the Settlor may request from time to time.
In the event the Settlor should be unable, in the sole
opinion of the Trustee (which term includes any Successor
LAW OFFICES OF Trustee) to make such request in writing, then the Trustee,
GEORGE K. KICKLITER.
P. A. in its discretion, may pay such amounts as such Trustee
2401 FOURTH STREET N.
ST,PETERSBURG.FLORIDA deems proper to care for, maintain and support the Settlor.
SECOND:
PAYMENT OF DEBTS: Upon the death of the Settlor, the Trustee
shall pay out of the principal of the Trust fund, at the
written request of the legal representative of the Settlor's
probate estate, if any, such. sums as such. representative
shall state to be necessary for the payment of the expenses
of the illness, funeral, burial and any and all debts of the
Settlor, and federal estate taxes, including interest and
penalties, imposed upon or in relation to any property
required to be included in such Settlor's gross estate for
federal estate tax purposes and any state estate, inheritance
and succession taxes, together with interest and penalties,
payable upon or resulting from the Settlor' s death., whether
or not attributable to property subject to probate administra-
tion and property taxes, debts, claims, expenses of administra-
tion and other expenses that shall be payable out of the
Settlor's probate estate. In the event no representative of
such Settlor' s estate is appointed by the appropriate court
of competent jurisdiction, then in such event, the Trustee
shall , in its sole and absolute discretion, determine the
sums payable for the aforesaid purpose. If the Settlor is
survived by her spouse, then all estate, inheritance, transfer,
legacy succession or death taxes which may be assessed or
f imposed with. respect to the deceased Settlor' s gross estate
shall be paid out of the Residual Fund as hereinafter defined.
THIRD:
MARITAL DEDUCTION TRUST: Upon the. death of the Settlor, if
survived by the Settlor' s spouse., THOMAS C. STEPHENSON, the
then Trustee shall divide the- corpus of this Trust into two
funds to be known as the Marital Deduction Fund and the,
Residual Fund. The Marital Deduction Fund will be that
fractional part of the. corpus which is the minimum necessary
to secure. the lesser of al the maximum marital deduction
allowable for federal estate tax purposes and bl the minimum .
UW OMCES OF
GEORGE K KICKLITER, marital deduction which, after taking into account the
P.A
2401 FOURTH STREET N unified credit available. to the Settlor's estate for federal
ST.PETERSBURG.FLORIDA
estate tax purposes, will result in no federal estate tax.
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The Residual Fund shall consist of the remaining fractional
share of the trust corpus. In choosing which assets will be
placed in the Marital Fund and the Residual Fund, the Trustee
shall have absolute discretion, except that any assets which
do not qualify for the Marital Deduction shall be allotted
to the Residual Fund.
The Settlor's husband shall have the absolute power of
appointment over. any and all portions of said Marital Fund,
exercisable by him at any time after the Settlor's death or
by his will, with no restrictions thereon whatsoever. If
the Settlor' s husband fails to exercise validly, in whole or
in part, the power of appointment hereinabove granted to him,
then upon his death the entire remaining corpus as shall not
have been validly appointed by him shall be added to the
Residual Fund and disposed of as hereinafter provided.
The Trustee shall Bold, invest and reinvest the assets
of the Residual Fund, collect the income therefrom and,
after deducting all expenses necessary to the operation of
such fund, pay the net income thereof in such installments
as may be convenient, but at least monthly, to the Settlor' s
spouse, THOMAS C. STEPHENSON, while living. in case. .the
entire income and corpus of the Marital Fund has been expended
or withdrawn by or for the Settlor' s spouse, THOMAS C.
STEPHENSON, and additional funds are needed because of
illness or accident or any other extraordinary need after
the exhaustion of said Marital Fund, the Trustee., in its
discretion, shall be empowered to invade the corpus of the
Residual Fund for the purpose of paying to or for the
benefit of the Settlor's said spouse. such. sums as are considered
necessary, in the absolute discretion of the Trustee, under
the circumstances, to provide. for the care, ,maintenance and
support of the Settlor' s said spouse.,' while living. The
surviving spouse shall Have. no authority during the: term of
this Trust to exercise any discretion in the. :nyasion of
LAW OFFICES OF principal or-management of the. Residual Portion.
GEORGE K. KICKLITER,
r:a 'FOURTH.:
MI FOURTH STREEF N.
W.PETERSBURG,FLORIDA BENEFICIAL TRUST: Should the Settlor's said spouse. fail to
-3-
withdraw or appoint the said Marital Fund portion, the said
Trustee shall pay to the Settlor's spouse all of the net
proceeds from the income of the Trust Fund and the capital
gains distributions from investment trusts and shall apply
or pay from the principal of the Trust such amounts as the
then Trustee deems advisable to provide adequately for the
health, support and maintenance of the Settlor 's spouse,
while living.
FIFTH:
RESIDUAL PORTION: Upon the death of the Settlor' s spouse,
THOMAS C. STEPHENSON, or upon the death of the Settlor, if
Settlor' s spouse predeceases Settlor, the Residual Portion
{_and the remainder of the Marital Portion, if it has not
been withdrawn or appointed by Settlor's spouse_ or the
remaining assets in Trust, as the case may be, including any
accumulated and undistributed net income, shall be distributed
as follows:
A. FIFTY (50.%) PER CENT to the Settlor's son, THOMAS G.
STEPHENSON, or his lawful lineal issue, per stirpes .
B. FIFTY [50%) PER CENT to the Settlor' s daughter,
JANE S. WITMER, or to her lawful lineal issue, per
stirpes.
SIXTH:
DEFERRED DISTRIBUTION: In the event that any of the benefi-
ciaries under this Trust shall not have attained the age of
Twenty-One (21}„ years when he becomes entitled to distribution
of his share, then the Trustee shall retain such share for
the beneficiary until such beneficiary has attained the age
of Twenty-one (21I years. Provided, however, that the
Trustee, in its discretion, may make disbursements from such
interest so withheld for said beneficiary to provide such
beneficiary with proper support, maintenance, care and
education {Cthrough. college if the Trustee deems such- appro-
priate.
SEVENTH:
INCOMPETENCY CLAUSE: Whenever the. trust property or any
[ W OFFICes OF
GEORGE K. KICKLITER, income of the trust property shall become payable., or is
P. A
MT FOURTH STREET N. required to be paid pursuant to any of the provisions here-
ST PETERSBURG,FLORIDA
-4-
of, payable to or used for the benefit of a person under
legal disability or incapacity or, by the demonstrated lack
of reasonable financial acumen and prudence, is, in the sole
opinion of the Trustee, unable to properly administer such
payments , then such payments may be made:
(a). Directly to such beneficiary or to his credit:
(b) To the legally appointed guardian or conservator
or other legal representative of such beneficiary;
(c). To some near relative, friend or spouse of such
beneficiary to be applied for the benefit of such
beneficiary; or
(d) By expenditure by the Trustee for the support,
maintenance, education or medical care of such
beneficiary;
and any such payments or expenditures shall be a full acquitt-
ance to the Trustee in each. instance. . When, in the judgment
of the Trustee, the beneficiary is able to manage his own
property or affairs, then the Trustee shall distribute to
said beneficiary the share to which he is entitled. However,
if the beneficiary shall die before receiving distribution,
the share to which he is entitled shall be distributed to
his estate.
EIGHTH:
NON-TRANSFERABILITY CLAUSE: The interest herein transferred
to the beneficiaries is present interest although distribution
thereof may be deferred. No disposition, charge or encumbrance
of either the income or principal, or any part thereof shall
be in anywise liable to any claim of any creditor of any
such beneficiary' s interest hereunder as collateral therefor.
NINTH:
TRUSTEE APPOINTMENTS: Any individual Trustee serving without
a Co-Trustee may at any time appoint a Co-Trustee to act
with him and may remove any Co-Trustee so appointed. Such
appointment or removal shall be in writing and executed,
witnessed and notarized in the same manner as this Trust
Agreement.
Each Trustee hereunder (whether originally designated
LAW OFFICES OF
GEORGE K. KICKUTER, herein or appointed as Successor Trustee)_ shall have the
P. A.
3301 FOURTH STREET N. right to resign at any time by giving thirty (30.1: days-'
ST.PETERSBURG.FLORIDA
written notice. to that effect to the current income bene.-
-5-
ficiaries of this Trust.
In the event a Trustee shall become incapacitated, he
shall be removed. In establishing the inability of a Trustee
to act or to continue to act 'hereunder, the statements of
two licensed doctors of medicine shall be sufficient to
establish such incapacity and third parties are protected in
relying on such statements without any further act or notice.
In case of the death, resignation or incapacity of all
the above enumerated Trustees, or in the event there is no
Trustee or only one Trustee and such Trustee is also such a
beneficiary that a Co-Trustee is required and none has been
appointed, the then current income beneficiaries may, by a
majority action (majority in interest rather than number) ,
designate from time to time the Trustee or Co-Trustee and
remove any Trustee so designated. Such appointment or
removal shall be in writing and executed, witnessed and
notarized in the same manner as this Trust Agreement. In
the event the beneficiaries shall fail to so appoint or so
remove, no rights shall merge and this Trust shall not fail;
however, any person having a present, future, beneficiary or
other interest herein, or title to or possession of any
trust property, may apply to a court of competent jurisdiction
for the appointment of a Successor Trustee or Co-Trustee and
the judicial settlement of the predecessor Trustee 's accounts.
Upon signing a written acceptance of this Trust, any
Successor Trustee shall be vested with title to all trust
property subject to the trusts herein declared. No further
act on the part of the parties hereto or of any Court shall
be necessary to vest in a Trustee the fiduciary powers and
duties in the supervision and management of this Trust Fund.
TENTH:
TRUSTEE POWERS: In the administration of the trust created
hereunder, the Trustee shall have the power and authority,
in addition to any other powers that may be conferred by
LAW OFFICES OF law:
GEORGE K. KICKLITER,
RT S
3601 WOTREET", A. To allot to any share created hereunder an undivided
ST.PETERSBURG.FLORIDA interest in any property constituting a portion of
the Trust Fund; to make joint investments for such
shares.
_F_
B. To sell At public or private sale, exchange, lease,
mortgage and pledge any property, real or personal,
at any time constituting a portion of the Trust Fund,,
to borrow money for any purpose connected with the
protection, preservation or improvement of the trust
estate, upon such terms and conditions as the Trustee
shall deem proper.
C. To invest and reinvest the Trust Fund or any part
thereof, in any property, real or personal, domestic
or foreign; securities including without limiting
common and mutual funds, investment trust certifi-
cates, bonds, debentures, preferred stocks, stock
options, margin accounts, common stocks, life insurance,
mortgages, mortgage participation certificates,
leases, royalties, working interests and other partici-
pations, and rights relating to minerals, oils and
gas, limited partnerships and obligations (secured
and unsecured) whether or not any such investment
would be an appropriate trust investment apart from
this provision and even though such investment is
generally considered speculative or causes a greater
proportion of the trust estate to be invested in
investments of one type or of one company than would
be appropriate for a trust apart from this provision;
and to participate in a common trust fund, as the
Trustee shall deem wise, without being limited to
investments authorized by law for trust funds.
D. In respect to any securities, to vote upon any
proposition or election at any meeting and to
grant proxies, discretionary or otherwise; to vote
at any such meeting.
E. To make distributions in kind, i.e. , either in the
form of trust assets, cash, or a combination of both.
F. To determine what is principal and what is income
hereunder, in the Trustee ' s discretion, without
respect to any statute or rule of law, provided
standard acceptable accounting principles are
followed; except that any capital gains distribu-
tions paid with regard to any mutual fund shares
at any time constituting a part of the principal
of the trust shall be considered income of the
trust and distributed as such.
G. To hold bonds, shares or other securities in
bearer form, or in the name of the Trustee or
other nominee, without indication of any fiduciary
capacity; to deposit cash in checking or savings
accounts, in a bank or savings and loan institution,
and withdraw from the same without indication of
any fiduciary capacity.
H. To enter into any fixed or level payment withdrawal
plan with any mutual fund authorizing payment to
the Settlor or any other beneficiary hereunder of
a specified monthly amount payable from the income
dividends, capital gains distributions and, to the
extent necessary, from the proceeds of liquidation
of shares of such mutual fund and to deposit
shares of such mutual fund with a custodian or
other agent pursuant to any such authorization.
I. To manage, repair, improve, remodel, alter, add to
or take from any property, real, or personal , at
any time forming a part of the trust estate. With
LAW OFFICFS OF respect to any trust created hereunder, the Settlor
GEORGE K. KICKLITER, hereby waives compliance by the Trustee with
P. A.
2401 FOURTH STREET N. provisions of section 738.12 of the Florida Statutes,
ST PETERSBURG,FLORIDA or as subsequently modified or ammended, relating
to under productive property.
-7-
J. To employ accountants, attorneys and such agents
as it may deem advisable; to pay reasonable
compensation for their services and to charge same
to (or apportion same between). income and principal
as it may deem proper.
K. To exercise any and all powers and discretions
given to a Trustee from time to time under the
Florida Uniform Trust Administration Law and the
other laws of the State of Florida not inconsistent
with the provisions hereof.
ELEVENTH:
DUTIES OF TRUSTEE: The Trustee shall have the duty to file
any required income tax, intangible tax or other tax returns
for the Trust and to see that any taxes due are paid thereon..
The Trustee shall have the duty to maintain records of
receipts and disbursements of the Trust Fund and to account
for all trust proceeds of any type.
TWELFTH:
TRUSTEE AUTHORITY: No purchaser from the Trustee or any
other person dealing with the Trustee shall be under any
obligation to see to the application of the purchase money,
or to the proper administration of this Trust. Any corporation,
its transfer agent and its dividend disbursing agent, and
any person, firm, bank or savings and loan association, or
any other party with whom the Trustee shall deal, shall be
under no obligation or liability with respect to the validity
or proper administration of this Trust, and shall be entitled
to rely entirely upon written orders of the Trustee or his
nominee, and shall be entitled to assume that this Trust
Agreement as now written is in full force and effect until
receipt of the written notice of its amendment, termination
or revocation.
The Trustee shall have the power and authority to
designate the authorized signatures on accounts with banks
and savings and loan institutions whether such signatories
be a Trustee or not and all institutions relying on such
authorized signatures are exonerated from any loss, claim or
liability. Accordingly, one of two or more Trustees as well
,AW OFFICES OF as non-fiduciary parties may be authorized signatories.
GEORGE K. KICKLITER,
P.A. THIRTEENTH:
2601 FOURTH STREET N.
ST.PETERSBURG.FLORIDA EXONERATION FROM DUTY TO AUDIT: Any Successor Trustee here-
-8-
under shall not be required to audit or to determine the
accuracy or propriety of any disbursements contained in the
accounting theretofore rendered by .the predecessor Trustee
and such Trustee is hereby exonerated from any liability or
responsibility with respect thereto. A Successor Trustee
shall not be required or be under any duty to ascertain the
correctness or validity of any prior accounting of any
predecessor Trustee and no such liability shall attach to a
Successor Trustee hereunder in respect of such accounting.
FOURTEENTH:
TERMS : Whenever convenient or desirable, the term "Trustee" ,
as used in this Agreement, shall include any substitute,
successor and additional Trustee or Trustees and in the
plural. The 'term "beneficiary" shall include every individual
and entity, named or unnamed, entitled to share under this
Agreement as herein provided. The term "child" , "children" ,
"issue" or "descendants" shall include the Settlor' s lawful
children or the issue of said children, unless otherwise
provided herein, but any share to which such afterborn
children shall be entitled shall not vest later than the
time permitted by the Rule Against Perpetuities. Unless
otherwise required, masculine personal pronouns include the
feminine and the singular and plural may be construed inter-
changeably.
FIFTEENTH:
TRUSTEE COMPENSATION: A professional Trustee shall be en-
titled to reasonable compensation for its services in the
administration of this Trust. The term "reasonable compensa-
tion" shall be that compensation which is customarily paid
for like services in the community at the time and place the
said Trustee services are performed. A non-professional
Trustee shall not be entitled to compensation for his or her
services, however, he or she shall be entitled to reimbursement
for any expenses incurred in the administration of this
taw OFFICES OF
GEORGE K. KICKLITER, Trust when such expenses are incurred in the course of
P.A
24G' FOURT"STREET". performing as a fiduciary hereunder.
5T.PETERSBURG.FLORIDA
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SIXTEENTH:
FUTURE ADDITIONS: The Settlor, or any -person, may (by will
or otherwise), from time to time, with the consent of the
Trustee, transfer additional property, real or personal, to
the Trustee to be held under this Agreement and the Trustee
shall have authority to hold, manage and dispose of such
property subject to all of the provisions of this Agreement
which shall then and thereafter be applicable to such property:
SEVENTEENTH:-
MINIMUM BALANCE: If at any time the Trustee determines that
the value of any trust under this instrument is less than
TEN THOUSAND ($10., 000.00) DOLLARS, the Trustee, in its sole
discretion, may distribute the principal of same to the
primary beneficiary of the current income of said Trust, or
to his guardian or conservator, either in cash or in kind,
or otherwise, and the Trust shall then terminate.
EIGHTEENTH:
SEVERABILITY CLAUSE: This Trust is established under the
laws of the State of Florida and the validity, administration
and interpretation of this Trust shall be governed by the
laws of said State. However, this Trust may be administered
elsewhere within the United States and abroad, and it shall
not be necessary that the Trust or any Trustee hereunder be
qualified in the State of Florida or that court approval be
required to exercise any power, right, or discretion granted
to the Trustee. The Trustee shall further be authorized to
c
act without posting any bond or without any notice to or
consent from anyone. It is the intent of this Agreement in
I
all things to conform to the law in the disposition of the
properties and securities herein, however, if by inadvertence
parts hereof may be held to be invalid, the Trustee does
hereby declare that invalidity of any of the provisions
herein contained in respect or particular shall not be
deemed or held to impair any of the other provisions of this
tWOFFICES OF Agreement for the disposition of the properties- and assets,
GEORGE K. KICKLITER,
RA. real, personal or mixed, of the Trust or the income derived
2401 FOURTH STREET n.
ST.PETERSBURG.FLORIDA
therefrom, as herein provided.
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NINETEENTH:
DISSOLUTION AND DISCHARGE: Upon the final distribution of
all assets held in trust hereunder by the Trustee to the
beneficiaries and, subsequently, upon delivery to the said
Trustee of a written receipt from the said beneficiaries,
this Trust shall thereupon be dissolved and said dissolution
shall act as a complete discharge and acquittance of the
said Trustee.
TWENTIETH:
AMEND14ENT AND REVOCATION: The undersigned Settlor, during her
lifetime, reserves the right at any time to revoke, alter or
amend this Trust Agreement in whole or in part by written
instrument signed by the Settlor and delivered to the Trustee
or Successor Trustee. Upon the death of the Settlor, this
Trust shall become irrevocable. Neither the signature nor
the consent of any Trustee shall be necessary or required to
carry out any or all of the provisions of this paragraph.
TWENTY-FIRST:
TRUSTEE ACCEPTANCE: The Trustee hereby accepts the Trust
herein created.
IN WITNESS WHEREOF, the Settlor and Trustee has hereto
set hand and seal the date first aforesaid.
WITNESSES :
1
*N_EGk-- SEALI
. STEPHE ON Settlor &
Trustee
The foregoing instrument, of which this is the eleventh
of twelve pages , was signed, sealed, declared and 'published
by JANE G. STEPHENSON as her amendable, revocable, inter
vivos Trust Agreement, in the presence of us, the undersigned,
who at her special instance and request, do attest as witnesses
after the said Settlor and Trustee signed her name thereto,
in her presence and in the presence of each other the day
LAW OFFICES OF a=r first aforesaid.
GEORGE IL KICKLITER,
P. A. .qtr of St. Petersburg , Florida.
2401 FOURTH STREEF N.
$T.iETERSBVRG.FLORIDA
of St. Petersburg Florida.
-11-
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this' day of June, 1980,
personally appeared before me, the undersigned authority,
JANE G. STEPHENSON, to me known to be the person described
in and who executed the above and foregoing instrument and
she acknowledged the execution thereof to be her free act
and deed for the uses and purposes therein set forth.
WITNESS my hand d off.icial Z al the day and year last
above written.
Notary Y Public
`,tt 1S D, ���.� My commission expires :
@� k :• Notary PUM, State of Radd9 d Cana
My Commission Expires NOV. 7, 1980
p(1 BLOC
M WA�•0......
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allow f,��
1
I-AW OFFICES OF
+EORGE K. KICKLITER,
P. A
2401 FOURTH STREET N.
ST.PETERSBURG.FLORIDA
—12-
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
NO. 2014- 00769 PA No. 21- 14- 0769
Estate Of: JANE G STEPHENSON
tFirst,Middle,Lastt
a Jk/a: SARAH JANE G STEPHENSON
Late Of: LOWER ALLEN TOWNSHIP
CUMBERLAND COUNTY
0 Deceased
Social Security No:
WHEREAS, on the 19th day of August 2014 an instrument dated
June 4th 1980 was admitted to probate as the .last will of
JANE G STEPHENSON
(First,Middle,Last)
a jk/a SARAH JANE G STEPHENSON
late of L 0 WER A L L EN TO WNSHIP, CUMBERLA NO Coun ty,
who died on the 6th day of August 2014 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, LISA M. GRAYSON, ESQ. , Register of Wills in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARYto:
THOMAS G STEPHENSON
who has duly qualified as EXECUTOR(RIX)
and has agreed to administer the estate according to law, all of which
fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE,
CARLISLE, PENNSYLVANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 19th day of August 2014,
Mister of Wi s
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ufy
**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)