HomeMy WebLinkAbout08-29-14 1505610105
REV-1500 EX(M-v)(Fn
OFFICIAL USE ONLY
PA Department of Revenue Pennsylvania
Bureau of Individual Taxes County Code Year File Number _
PO BOX 280601 INHERITANCE TAX RETURN a4 ( i-'�a,.��—•"`I
Harrisburg,PA 17128-o6ot RESIDENT DECEDENT i , }
ENTER DECEDENT INFORMATION BELOW
Social Security Number __ Date of Death MMDDYYYY _Date of Birth MMDDYYYY
164-16-0396 _ 11!26!2013_ J 06127/1916 J
Decedents Last Name _ Suffix Decedent's First Name MI
_—�
HUrSh .. �raCe
(If Applfcabfe)Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix Spouse's First Name - MI
Spouse's Social Security Number
THIS RETURN MUST BE FILER IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
Oil) 1.Original Return - O 2.Supplemental Return O 3. Remainder Return(Date of Death
Prior to 12.13-82)
CM 4.Limited Estate C=) 4a.Future Interest Compromise(date of CM 5. Federal Estate Tax Return Required
death after 12-12-82)
DOS 6.Decadent Died Testate O 7.Decadent Maintained a Living Trust 0 8. Total Number of Safe Deposit Boxes
(Attach Copy of Will) (Attach Copy of Trust.)
CI 9.Litigation Proceeds Received O 10.Spousal Poverty Credit(Date of Death O 11. Election to Tax under Sec.9113(A)
Between 12-31-91 and 1-1.95} (Attach Schedule O)
CORRESPONDENT- THIS SECTION MUST BE COMPLETED.ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
Name Daytime Tetephona Number _
Dennis Hursh � L(717)930-0600 c,
REOI RQSlr WILLS UONL..5
First Line of Address .ys r- r\3 m n
�60 N. Union St.
Second Line of Address
—j 1
1a:7
City or Post Office -------u_�— State ZIP Code OAfE FILED r
Middletown -- PA 17057 N
Correspondent's e-mail address:Dennis @PaHealthLaw.com
Under penalties of perjury,I declare that I have examined this return,including accompanying schedules and statements,and to the best of my knowledge and beiief,
R is true,correct and complete.Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge.
SIGNATURE OF RSON R SPONSIBLE FOR FILING RETURN DATE
tom 8 - Z - lY
ADDRESS
60 N. Union St., Middletown, PA 17057
SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE DATE
ADDRESS
PLEASE USE ORIGINAL FORM ONLY
Side 1
1505610105 1505610105
1505619205
REV-1500 EX(Fl) Decedent's Social Security Number
Decedents Name: Grace I. Hursh ?
RECAPITULATION
1. Real Estate(Schedule A). . . .......................................... 1.
2. Stocks and Bonds(Schedule B) ......... . ..... .... 2. 375,989�15
3. Closely Held Corporation,Partnership or Sole-Proprietorship(Schedule C) ... 1
4. Mortgages and Notes Receivable(Schedule D) ..... ....... . .... . .. 4.
5. Cash,Bank Deposits and Miscellaneous Personal Property(Schedule E). 5-1 25,480.12
6- Jointly Owned Property(Schedule F) = Separate Billing Requested . .. . ... 6.
7. Inter-Vivos Transfers&Miscellaneous Non-Probate Property
(Schedule G) C=) Separate Billing Requested........ 7.1
8, Total Gross Assets(total Lines I through 7)...... .... . ... .... . ....... ... 8. F_ 401,469.27
9. Funeral Expenses and Administrative Costs(Schedule H).. ...... 9. 1 14,866.09
10. Debts of Decedent,Mortgage Liabilities and Liens(Schedule 1)... ..... ... .... 10 521.49
11. Total Deductions(total Lines 9 and 10)................................. 11. 15,387.58
12. Net Value of Estate(Line 8 minus Line I I) .... ... . .... .. .. .. . .. 12, 386,0$1.69
13, Charitable and Governmental Bequests/Sec 9113 Trusts for which
an election to tax has not been made(Schedule J) ... ........_...... 13.
14. Net Value Subject to Tax(Line 12 minus Line 13) . . ... . .... .... ... 14.i 386,081.69
TAX CALCULATION-SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 taxable
at the spousal tax rate,or
transfers under Sec.9116
(a)(1.2)X.0- 15.1
16. Amount of Line 14 taxable I
at lineal rate X.0 4S 386,081.69 16-. 17,373.68
17. An-6nt of Line 14 taxable
at sibling rate X.12 I 17.
18. Amount of Line 14 taxable
at collateral rate X.15 18.
19. TAX DUE ..... ......... .... .... . .... . . ..... .. ..... ..... ... .. 19. 17. ,373.,68
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
Side 2,
1505610205 1505610205
RSV-1546 EX(F!) Page 3 File Number
Decedent's Complete Address:
DECEDENT'S NAME
Grace I. Hursh
STREETADDRESS 5225 Wilson Lane
Cm STATE ZIP 17055
Mechanicsburg PA
Tax Payments and Credits:
1. Tax Due(Page 2,Una 19) (1) 17,373.68
2. Credits/Payments
A.Prior Payments 16,480
S.Discount 867.34
Total Credits(A+8) (2) 17,347.34
3. Interest
(3)
4. if Line 2 is greater than Una 1+Una 3,enter the difference. This is the OVERPAYMENT.
Fill in oval on Page 2,Line 20 to request a refund. (4)
5. If Line 1 +Una 3 is greater than Line 2,enter the difference.This is the TAX DUE. (5) 26.34
Make check payable to: REGISTER OF WILLS,AGENT.
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decadent make a transfer and: Yes No
a, retain the use or income of the property transferred............----_........_............................................._.......... Q
b. retain the fight to designate who shall use the property transferred or its income ............................................ ❑ Q
c. retain a reversionary interest.............................................................................................................................
❑
d. receive the promise for life of either payments,benefits or care?,......... ................ ❑ D
2. If death occurred after Dec. 12,1982,did decedent transfer property within one year of death
without receiving adequate consideration?.._....._........_........___......_........_........__..................................._........ ❑ 0
3, Did decedent own an"in trust fof or payable-upon-death bank account or security at his or her death?.............. ❑
4. Did decedent own an individual retirement account,annuity or other non-probate properly,which
contains a beneficiary designation? .................................................................---....---......----........
,......... ❑
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES,YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
s M77
For dates of death on or after July 1,1994,and before Jan 1,1995,the tax rate imposed on the net value of transfers to or for the use of the surviving spouse
is 3 percent[72 P.S.§9116(a)(1.1)(i)].
For dates of death on or after Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent
[72 P.S.§9116(a)(1.1)(ii)].The statute does not exempt a transfer to a surviving spouse from tax,and the statutory requirements for disclosure of assets and
filing a tax return are still applicable even if the surviving spouse is the only beneficiary.
For dates of death on or after July 1,2000:
• The tax rate imposed on the net value of transfers from a deceased child 21 years of age or younger at death to or for the use of a natural parent,an
adoptive parent or a stepparent of the child is 0 percent(72 P.S.§9116(a)(1.2)).
• The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5 percent,except as noted in[72 P.S.§9116(a)(1)].
• The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent[72 P.S.§9116(a)(1.3)].A sibling is defined,
under Section 9102,as an individual who has at least one parent in common with the decedent,whether by blood or adoption.
REV-1501 Exa(9-12)
pennsytvania SCHEDULE B
DEPARTWNT0FREVERUE
INHERITANCE TAX RETURN STOCKS & BONDS
RESIDENT DECEDENT
ESTATE OF FILE HUMBER
Grace I. Harsh 2113-1276
All property jointly owned with right of survivorship must be disclosed on schedule F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
I' ,Vanguard Total Stock Market IDX Admiral VTSAX 529.772 shares 24,237.07
2 Vanguard Short-Term Invest-Gr VFSUX 14,866.991 shares 159,968.82
3 Vanguard Short-Term Invest-Gr VFSTX dividend payable 270 25
4; Vanguard Small-Cap Index Fund Adm VSMAX 244.537 shares 12,737.93
5 Vanguard Prime Money Market Fund VMMXX 19778.55 shares 19,778.55
6 Vanguard Prime Money Market Fund VMMXX dividend payable 0.20
7 Vanguard REIT Index Fund Adm VGSLX 76.537 shares 7,173.81
8 `Vanguard Ltd-Term Tax-Exempt Adm VMLUX 7187,02 shares 79,344.66
9 iVanguard GNMA Fund Admiral VFIJX 5517.930 shares 58,048.60
10 ,Vanguard GNMA Fund Admiral VFIJX dividend payable 128.72
11 Vanguard ltd-Term Tax-Exempt Adm VMLUX dividend payable 112.61
12 Vanguard International Value fund VTRIX 381.191 shares 14187 93"
t
TOTAL(Also enter on Line 2, Recapitulation) $ 375,989.15
If more space is needed,Insert additional sheets of the same size
REVa5o8 EX+(o8-n)
pennsylvania SCHEDULE E
DEPARTMENT OF REVENUE CASHr BANK DEPOSITS & MISC,
INNEWANCE TAX RETURN PERSONAL PROPERTY -
RESIDENT DEEDENT .
ESTATE OF. FILE NUMBER:
Grace I. Hursh 2113-1276
Include the proceeds of litigation and the date the proceeds were received by the estate. '
All property Jointly owned with right of survivorship must be disclosed on Schedule F. ,
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
___ _ _ _ .
1 1,{ PNC Bank,PO Box 609,Pittsburg, A 15230-9738 checking account 50-7007-0198 .
I —�1 r9, 9 � 'k 4,976.37 I
1 2i PNC Bank,PO Box 609,Pittsburg,PA 15230.9738 CD 31700109805 18,615.71
3 Furniture 70.00
41 tax refund payable
578.00 rl
5 State Tax refund payable 1fi9.00
_ cash aid rent
. ��, 809.29
7 _
g� clothes and jewelry 150.00
� f
„
1
Y TOTAL Also enter on tine 5, Recapitulation) $ i 25,480.12
( � 1.
If more space is needed,use additional sheets of paper of the same size. -
Total Banking Statement (DPNCBANK
PNC sank
Primary,ao odium number 50-7007.4198
Pepe 1 of a
Fee,dopow lttltk"Is to ISAI&MIS Numberolendownswil
0 GRACE I HURSH For 244iour banking,and tranmatlon or
RAC lines trate information,sign onto
325 WESLEY DR APT 3331 PNC Bank Online Banldngatpneoom.
MECHANICSBURG PA 17055-3574 'a For customer service call 1-0884WC-SINK
Monday-Friday.7 AM-10 PM ET
Saturday&Sunday. 8 A-S PM ET
Para servddo on espeeol,1466440LA43NC
01~ Please contact ueat14894WC-BANK
®Write M.CuetomorSefvlw
...�..-�..._, __....... ... _......._ —_ '_ _ - - Plttebw4hPAiS234.9T30 ..__
Eavktk us at i3w, em
® TDDterminat,14MO.631-1648
FosbwstogJngn* dctim°wad
1�00�ft owwwlew
Skwk Oayewit Aaoeunift
nasedtlbn A00"Numtar tweva Bata"
Interest Checking 51}9007.4198 4,976.41
CerHDcsite(s)Of Deposit Total of 1 18.615.71
ToddDepcita 23S92.12
%== FEN Greco I Hursh
t Cheoung A908=11 SmovieffY
Aaa004-fir- 50-7007.4198
amok ah III has not been established for this account.
Pines mreegt us Ryou would like toad upthis service.
OeeedraR Cawew-Your account is currentiyepted,0at.
You or your Writ owner may revolts your opt-in or opt-out chobe at anytime.
To Mam mom about PNC Overdraft Sohabm VM m onfas at pnemmbwrdMwlutbro.
Can I-M-taeJete.visit any bench,a_Sign onto PNC Ordh»Hank ng,ad sstact the-overdesft
. .- Setueon-'find uidartlrA000uK Sanbw a��etiaenta mf"o both your Ovardtan Cevangoana O"rdmlt
Pmwotddnaauegw
'�M>illtfriaa!
Beginning OsOostt.and ChWM and am finding
bola" otherawtuans deductions tatana
4,721.44 2,406.74 21151.77 4,976.41
Avawgt Plat* Ctngn
fauna and and
5,134-56 .00
Balaa'aalf 1i)i�atleafr As of 12/16,a tote)of 2f In Interestwas
A+maf Paeenage Nmnberafdsys Awage coifacad Ira~Palo poldthbyear.
View Finned IAPYE) In fnrawd Wod taunca fw APYE this Pon
0.01: 91 5,124.62 .04
PNDMLTOIJOB59026•N4WNNNNNN-002-001499
Total Banking Statement
For es,part"11£14*61810 1aflw"12
RFor 24-1x4111 kdomret On,Won onto PNC SankOnUne Banking GRACE i HURSH
on pno•oom. Primary account number:50-7007-4199
Account mem6tat 50$0074195-continued Page 2 of 3
Depeaiee and 016er Addiden a There were 5 Deposits and Other Addition*
[111641 Amount Description totafp$2AWW.74.
11/27 254.93 Deposit Reference No. 049259087
12/02 659.00 Direct Deposit-Xxciv Sery
US Tmwmy 312 A 2207606 0 CSA
12/02 118.77 Direct Deposit-Deposit
Benefit Payments XXXXX:XXXXXX4001
12/03 1,374.00 Direct Deposit-XxsOC Sec
SSA Treas 310 XXXXX0396A
12/16 .04 Interest Payment
Online and Elealrania Ba aldnp Dallhaader as There were 3 Online or Electronic Banking
Deft Amormt Dnanption Doductiorlstotaft$2.161J7.
12/06 1,374.00 Direct Payment-Reversal
SSA TIreas 310 XXXXX0396A
IV06 659.00 Direct Payment-Reversal
US Treasury 312 A 2207606 0 CSA
19/10 113.77 Direct Payment-Reversal
Benefit Payments X4001
Dm7y Dalanee DeftH
DMe ani n Dab DNanoe Date eaters Date tsatanw
11/16 4,721.44 12/02 5,754.14 12/06 5,095.14 12/16 4,976.41
11/27 4,976.37 12/03 7,128.14 12/10 4,97697
CwdGwMw of Ropes
Grace I Humh
Im sto em Description Maturity date Intense originst or Cunard
number rata renewal win value
31700109805 12 Month(s)Fbmd Rate 04/20/2014 0.18% 18,593.53 18,615.71
Tod asaraat!uaiaa 18,615.71
FORM1668L111
r
REV-1511 EX+ (08-13)
i—FIT-- pennsylvania SCHEDULE H
DEPARTMENT OF REVENUE FUNERAL EXPENSES AND
INHERITANCE TAX RETURN ADMINISTRATIVE COSTS
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Grace I. Hursh 2113-1276
Decedent's debts must be reported on Schedule I. -
ITEM
NUMBER - DESCRIPTION - -
AMOUNT
A. FUNERAL EXPENSES_: _
I' Funeral service
6,495.0
2 casket
- �— — 3,195.00
,
:3 vault _ _ 1 345.00
135.001
P51 306.
87
Ccemetary charges 1,495:00'
• F-�7 lijairdresser,_clergy and Rowers 445.00
B. ADMINISTRATIVE COSTS:
- 1:' Personal Representative Commissions: - r• `O�.
Name(s)of Personal Representative(s) J
Street Address - -
city State_ZIP
Year(s)Commission Paid: -
2. Attorney Fees: 150.84
3. Family Exemption: (If decedent's address is not the same as daimant's,attach explanation.)
Claimant
,I Street Address -
City State ZIP
Relationship of Claimant to Decedent -
4. . Probate Fees: _ 543.50
5. Accountant Fees: -
6. Tax Return Preparer Fees: 113.00
7. wake
631.6
Legatad r'- 75.00
R general ad 158.68
to Ifunwal early pay discount `��. .-223.40
TOTAL(Also enter on Line 9, Recapitulation) $ 14,866.09
If more space is needed,use additional sheets of paper of the same size.
• REV-1512 Ex+(12-12)'
Jpennsytvania SCHEDULE I
'yl DEPARTMENT OF REVENUE, DEBTS OF DECEDENT,
INHERITANCE TAX RETURN MORTGAGE LIABILITIES & LIENS
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Grace I. Hursh - 2113-1276
Report debts incurred by the decedent prior to death that remained unpaid at the date of death,Including unreimbursed medical expenses.
ITEM - _ " - I VALUE AT DATE
NUMBER r ! DESCRIPTION OF DEATH
1 Unreimbursed medical 521.49
y
, � I
i
f
' TOTAL(Also enter on Line 10, Recapitulation) $ 521.49
If more space is needed,Insert addlUonal sheets of the same size. r . '
Will
of
Grace I . Hursh
rz
I
o ri
-,-j
03
M th
C"
17,
Hursh&Hursh, P.C.
Counselors at Law
229 State Street
Harrisburg, PA 17101
(717)238-4546
WILL
1, Grace I. Hursh, of Cumberland County, Pennsylvania, make this will, hereby revoking all my
former wills and codicils.
ARTICLE I
§ 1.1 1 bequeath all my tangible personal property,exclusive of any such property used in a trade
or business in accordance with the terms of a signed and dated memorandum I may prepare. If no such
memorandum is located or received by the executor within 60 days after being appointed as such, after
conducting a reasonable search for such memorandum,the executor shall be held harmless for distributing such
property as hereinafter provided.
§ 1.2 I bequeath any such property not disposed of by such memorandum,or all of such property
if no such memorandum is so located or received,to my son,Dennis George Hursh,if he survives me by 30
days. If my said son does not so survive me, I bequeath any such property not disposed of by such
memorandum,or all of such property if no such memorandum is so located or received, to my grandson,John
Dennis Hursh and my granddaughter,Lydia Grace Hursh, if they survive me by thirty days,to be divided
among them as they agree,the executor representing minors in such division. In case of disagreement among
my grandchildren, the executor is authorized to make the division, having due regard for the personal
preferences of my grandchildren, but making such division in as nearly equal shares as the executor deems
practicable. Any such property to which a minor would otherwise be entitled but which the executor thinks
unsuitable for such minor shall be sold and the proceeds thereof shall pass to the trustees ofthe residuary trust
set forth below at Section 2.2.2.
§ 1.4 1 direct that the expenses of storing, packing, shipping, insuring and delivering any such
property to the beneficiary entitled thereto shall be paid by the executor as an administrative expense of my
estate. In addition, to the extent practicable in the executor's sole discretion, I bequeath any policies of
insurance on such property to the beneficiary entitled to such property.
ARTICLE II
§2.1 I devise and bequeath the rest and remainder of my estate to my son, Dennis G. Hursh,if he
survives me by thirty days.
§2.2 I devise and bequeath all the rest and remainder of my estate, if my son does not survive me
by thirty days, as follows:
1
§ 2.2.1 One third(1/3)of the residue to a Special Supplemental Care Trust in accordance with the
following provisions:
(A) It is my intention by this trust to create a purely discretionary supplemental
care fund for the benefit of my granddaughter,Rachel Llewellyn Hursh. It
is not my intention to displace public or private financial assistance that may
otherwise be available to her. The following enumerates the kinds of
supplemental, non-support disbursements that are appropriate for my
Trustees to make from this trust to or for my beneficiary. Such examples are
not exclusive: medical, dental and diagnostic work and treatment for which
there are no private or public funds otherwise available. Medical procedures
that are desirable in my Trustees' discretion, even though they may not be
necessary or life saving, may be appropriate care needs. Further,
supplemental nursing care, and rehabilitative services are reasonably
considered by my Trustees. Differentials in cost between housing and shelter
for shared and private rooms in institutional settings may be paid by my
Trustees in their discretion. Care appropriate for my beneficiary that
assistance programs may not or do not otherwise provide are legitimately
considered by myTrustees as well. Expenditures for travel,companionship,
cultural experiences,and expenses in bringing my beneficiary's siblings and
others for visitation with her are expenditures that may benefit my grandchild
and may be considered by my Trustees.
(B) I do not want this trust eroded by my beneficiary's creditors nor do I want
her public or private assistance benefits to be made unavailable to her or
terminated. This trust is not for my beneficiary's primary support. It is to
supplement her care needs only. My beneficiary has no entitlement to the
income orcorpus of this trust,except as my Trustees,in their complete,sole,
absolute, and unfettered discretion, elect to disburse. In this regard, my
Trustees may act unreasonably and arbitrarily,as I could do myself if living
and in control of these funds. My Trustees' discretion in making non-
support disbursements as provided for in this instrument is final as to all
interested parties, including the state or any governmental agency or
agencies, even if the Trustees elect to make no disbursements at all. The
Trustees' sole and independent judgment, rather than any other parties'
determination, is intended to be the criterion by which disbursements arc
2
made. No court or any other person should substitute its or their judgment
for the discretionary decision or decisions made by the Trustees.
(C) Any income received by the Trustees not distributed to or for the benefit of
the trust beneficiary shall be added annually to the trust's principal.
(D) My Trustees shall consider all resource and income limitations that affect my
beneficiary's right to public assistance programs. Distributions to or for the
benefit of my beneficiary shall be limited so that she is not disqualified from
receiving public benefits to which she is otherwise entitled. My beneficiary's
probable and possible future supplemental care needs should be considered
by my Trustees in connection with disbursements made by my Trustees from
this trust. The interests of remainder beneficiaries are of only secondary
importance.
(E) My Trustees should resist any request for payments from this trust for
services that any public or private agency has the obligation to provide my
beneficiary. In this regard,my Trustees may not be familiar with the federal,
state and local agencies that have been created to financially assist disabled
persons. If this is the case,my Trustees should seek assistance in identifying
public and private programs that are or may be available to her so that my
Trustees may better serve my grandchild.
(F) No part of this trust, neither principal nor income, shall be subject to
anticipation or assignment by my beneficiary nor shall it be subject to
attachment by any public or private creditor of my beneficiary;nor may it be
taken by any legal or equitable process by any voluntary or involuntary
creditor,including those that have provided for my beneficiary's support and
maintenance. Further, under no circumstance may my beneficiary compel
distributions from this trust.
(G) If the existence of this supplemental care trust adversely affects my
beneficiary from receiving public or private support benefits, my Trustees
may arbitrarily terminate this trust, If this occurs,the remainder interest will
be accelerated,and the remainder beneficiaries shall receive the accrued and
undistributed income and corpus then held by the Trustees. In the event of
voluntary termination,as provided for in this paragraph,it would be my hope
and expectation that the remainder beneficiaries will continue to provide for
the nonsupport care needs of my grandchild. This request is an expression
of my wishes. It is not binding on the remainder beneficiaries. Upon the
3
death of my granddaughter, Rachel Llewellyn Hursh, or upon the trust's
earlier termination, the trust created for Rachel Llewellyn Hursh shall be
distributed to the trustees of the trust created under Section 2.2.2 ofthis will.
§ 2.2.2 Two-thirds (2/3) of the residue to a Residuary Trust in accordance with the following
provisions:
(A) This trust is intended for the benefit of my grandson, John Dennis Hursh,
and my granddaughter, Lydia Grace Hursh. The Trustees, in their
discretion, may pay to or use for the benefit of John Dennis Hursh and
Lydia Grace Hursh so much of the income and principal of the trust as the
Trustees, from time to time, determine to be required for their reasonable
support,maintenance,health and education,taking into consideration their
income from all sources known to the Trustees, and may add any excess
income to principal at the discretion of the Trustees. The Trustees may
distribute income and principal to or use it for the benefit of either John
Dennis Hursh or Lydia Grace Hursh, to the exclusion of the other, and
may exhaust the principal. My concern is primarily for the support,
maintenance,health and education of John Dennis Hursh and Lydia Grace
Hursh, rather than for preservation of principal for distribution upon
termination of the trust.
(B) If John Dennis Hursh or Lydia Grace Hursh or their lineal descendants are
alive when this trust ends, the Trustees shall divide the trust fund into as .
many separate shares as are required to provide one separate equal share for
each then living beneficiary of this residuary trust and one separate equal
share for the lineal descendants, collectively, of any beneficiary of this
residuary trust who has already died. The Trustees will then pay the trust
funds to the beneficiaries or their lineal descendants in such shares outright
and free of trust.
(C) If none of the beneficiaries of this residuary trust and none of their lineal
descendants are alive when the trust ends, the Trustees will pay the trust
funds in equal shares to their executors or administrators.
(D) This trust shall terminate at the earlier of my youngest surviving grandchild
attaining the age of thirty or the death of both John Dennis Hursh and
Lydia Grace Hursh.
4
§ 2.3 Upon distribution to the Trustees,the administration of my estate shall cease with respect to
the assets passing to the Trustees,and the Trustees shall not be subject to the control of the court in which my
will is probated.
§2.4 When the Trustees have the power under this instrument to use any income or principal for the
benefit of any person,the Trustees may expend it for the benefit of that person,or pay it directly to that person
or for his or her use to his or her guardian or other person or organization taking care of him or her, without
responsibility for its expenditure,subject to the requirements of the Special Supplemental Care Trust created
under Section 2.2.1.
§ 2.5 Except as otherwise may be provided in this will, if any beneficiary entitled to receive a
mandatory distribution of property from my estate is under 21 years of age, the fiduciary then serving shall
distribute such property to a custodian for such beneficiary,whether then serving or selected and appointed by
such fiduciary(including such fiduciary),under any applicable Uniform Transfers to Minors Act or Uniform
Gifts to Minors Act, and such custodian's receipt therefor shall be a complete release of such fiduciary.
ARTICLE III
§ 3.1 1 appoint my son,Dennis G. Hursh, executor of this will. If Dennis G. Hursh is unable or
unwilling to act or continue as executor, for any reason whatsoever, I appoint my daughter-in-law, Yvonne
M. Hursh,successor executor. If Yvonne M.Hursh,is unable or unwilling to act or continue as executor,
for any reason whatsoever, 1 appoint Steven and Anita Winkler, successor coexecutors.
§3.2 I appoint my daughter-in-law,Yvonne M.Hursh,trustee of the trusts created under Article
11,above. If Yvonne M.Hursh is unable or unwilling to act or continue as trustee,for any reason whatsoever,
I appoint Steven and Anita Winkler successor co-trustees.
§3.3 If at the time of my death 1 am serving as a custodian of any Uniform Transfers to Minors Act
or Uniform Gifts to Minors Act account and have the right to name my successor,I appoint my son, Dennis
G. Hursh,as my successor. In the event Dennis G. Hursh is unable or unwilling to serve as custodian for
any reason whatsoever, I appoint my daughter-in-law, Yvonne M. Hursh,as my successor.
ARTICLE IV
§ 4.1 No fiduciary under this will shall be required to give bond or other security for the faithful
performance of the fiduciary's duties.
§ 4.2 Any such fiduciary shall have the following powers, in addition to those given by law:
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§4.2.1 To invest in, accept and retain any real or personal property, including stock of a
corporate fiduciary or its holding company,without restriction to legal investments;
§4.2.2 To sell, exchange, partition or lease for any period of time any real or personal
property and to give options therefor for cash or credit,with or without security;
§4.2.3 To borrow money from any person including any fiduciary acting hereunder,and to
mortgage or pledge any real or personal property;
§4.2.4 To hold shares of stock or other securities in nominee registration form,including that
of a clearing corporation or depository,or in book entry form or unregistered or in such other
form as will pass by delivery;
§ 4.2.5 To engage in litigation and compromise,arbitrate or abandon claims;
§4.2.6 To make distributions in cash, or in kind at current values,. or partly in each,
allocating specific assets to particular distributees on a non-pro rata basis, and for such
purposes to make reasonable determinations of current values;
§ 4.2.7 To make elections, decisions, concessions and settlements in connection with all
me(,. ic,estate, inheritance,gift or other tax returns and the payment of such taxes, without
obligation to adjust the distributive share of income or principal of any person affected
thereby;
§4.2.8 To allocate, in the executor's sole and absolute discretion, any portion of my
exemption under Section 2631(a)of the Internal Revenue Code to any property as to which
I am the transferor, including any property transferred by me during my lifetime as to which
I did not make an allocation prior to my death; and
§4.2.9 To disclaim any interest I may have in any estate if my executor deems such
disclaimer to be in the beSr interests of my estate and the beneficiaries thereof.
ARTICLE V
§ 5.1 All estate taxes,inheritance taxes,transfer taxes and other taxes of a similar nature payable
by reason of my death to any government or subdivision thereof upon or with respect to any property subject
to any such tax,and any penalties thereon,shall be paid by the executor out of the principal of that portion of
my estate disposed of by Section 2.2 of this will, and all interest with respect to any such taxes shall be paid
by the executor out of the income or principal or partly out of the income and partly out of the principal of such
portion of my estate,in the absolute discretion of the executor,without reimbursement from or apportionment
6
among the beneficiaries, recipients or owners of such property for any such taxes, penalties or interest:
provided,however,the executor shall not pay any such tares,penalties or interest attributable to any property
included in my estate solely because of a power of appointment thereover which I possess but have not
exercised or any qualified terminable interest property.
§5.2 I direct my executor to pay all other legal obligations of my estate,including without limitation
funeral expenses and costs of administration of my estate,as soon after my death as practicable.
ARTICLE VI
§6.1 Any term used in the singular or plural,or in the masculine,feminine or neuter form,shall be
singular or plural, or masculine, feminine or neuter as a proper reading of this will may require.
§6.2 As used in this will,the term"Internal Revenue Code"shall mean the Internal Revenue Code
of 1986,as amended from time to time,or the corresponding provision of subsequent law.
§ 6.3 Every successor or additional fiduciary shall have all rights, powers, privileges and duties,
whether discretionary or otherwise, herein given to the original fiduciary and shall be subject to the same
reservations, limitations,terms and conditions.
IN WITNESS WHEREOF I have hereunto set my hand and seal this day of C i;.J
. 2001.
'<'ci:e.•.. �,���,�� _ (SEAL)
Grace I. Hursh
Signed, sealed, published and declared by the above-named Grace I. Hursh as and for her
last will,in the presence of us and each of us, who,at her request and in her presence and in the presence of
each other,have hereunto subscribed our names as witnesses thereto the day and year last above written.
!� .i.;,• �' residing at ,L ' !' " -�,:�:.•.L' /� .�� ��f .
residing at 0"I r` •r. ,i f i; . .) r. ` r
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COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF •' ,o r :';r ..
I,Grace I.Hursh,the testator,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.
is
Grace I. Hursh
We, r
I' and4o li6l, \.l1 the witnesses whose names are
signed to the attached or foregoing instrument,being duly qualified a hording to law,do depose and say that
we were present and saw the testator sign and execute the instrument as her Last Will;that the testator 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 testator signed the will as a witness; and that to the best of our
knowledge the testator was at the time 18 or more years of age,of sound mind and under no constraint or undue
influence.
j
r
Witness '
fitness
Subscribed, sworn to or affirmed, and acknowledged before me by the above-named testator and by the
witnesses whose names appear opposite,on 2001.
Notary Public
[
Notadal Seal
Debra L Swauper,Notary Public
Lower Allen Up.,Cumberland County
My Commisslon 6plres March 16,2002
Member,Pennsylvania Associator.of Nolarip?