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HomeMy WebLinkAbout10-29-14 C) LAST WILL AND TESTAMENT , CJD f: OF '" . . C CAROLINE T. de CAMP cry I, CAROLINE T. de CAMP, Social Security Number 090-20-9333, of the Commonwealth of Pennsylvania, declare that this is my LAST WILL AND TESTAMENT and I revoke all other wills and codicils previously made by me. I. I appoint my husband, JOHN T. de CAMP, Jr., as my Personal Representative concerning this Will. If my husband is unable or fails to serve, I then appoint my daughter, BARBARA C. COLANTONIO of Massachusetts to serve as my Personal Representative. If my daughter, BARBARA C. COLANTONIO of Massachusetts is unable or fails to serve, I then appoint my daughter,NANCY E. GARY of Pennsylvania to serve as my Personal Representative. A. I request that my Personal Representative be permitted to serve without bond or surety thereon and without the intervention of any court, except as required by law. I direct that my Personal Representative act in unsupervised administration so as to administer my estate with a minimum of court supervision. If it becomes necessary to have ancillary administration of my estate in any jurisdiction where my Personal Representative is unable or does not desire to qualify as ancillary legal representative, I appoint as such ancillary legal representative such individual or corporation as my Personal Representative shall designate, in writing. B. I direct my Personal Representative to pay the expenses of my last illness, the expenses of a funeral appropriate to my station in life and custom of living (including a suitable monument or marker for my grave), and written charitable pledges which I have made. I grant my Personal Representative the power to extend or renew any debt for such time as my Personal Representative shall deem appropriate. C. All estate, inheritance, succession and other death taxes with respect to all property passing under this my Will shall be paid from and borne by the principal of my residuary estate, without regard to reimbursement, as if such taxes were administration expenses. My Personal Representative may pay such taxes at any time deemed advisable,whether or not then due and payable. �Last Will and Testament of CAROLINE de CAMP Page 1 Qw—&—v D. My Personal Representative is requested to settle my estate as soon after my death as may be practicable, and to pay or deliver every legacy or bequest to my beneficiaries without waiting any time that may be believed to be customary in probate matters. E. I may leave a letter of intent with the executed copy of this Will for the purpose of giving guidance to my Personal Representative concerning the distribution or sale of certain items of my property. I request that my Personal Representative honor my wishes therein expressed. II. I give, devise and bequeath, absolutely and forever, all of my estate and property of which I may be seized or possessed, or to which I may be entitled, at the time of my death, wherever situated or of whatever nature,be it real,personal, or mixed, to my Husband, JOHN T. de CAMP, Jr., as his sole and absolute property if.he shall survive me. III. In the event that my spouse shall not survive me, I give, devise and bequeath, absolutely and forever, all of my estate and property of which I may be seized or possessed, or to which I may be entitled, at the time of my death, wherever situated or of whatever nature,be it real,personal, or mixed, to my daughter, BARBARA C. COLANTONIO of Massachusetts, my daughter,NANCY E. GARY of Pennsylvania,my son, MICHAEL B. de CAMP of Georgia,my son, DAVID S. de CAMP of Pennsylvania, my daughter, JUNIA D. de CAMP of Pennsylvania, my son, JOHN T. de CAMP III of Massachusetts, and to any child or children that have been or may be born to or adopted by me, in shares of substantially equal value to be divided as they may agree. A. If any of my children shall not survive me, then the share of that deceased child shall go to the descendants of that child, who are to take per stirpes and not per capita. If any of my children shall not survive me and shall not be survived by any descendants, then the share of that deceased child shall be distributed to my surviving children and the descendants of any of my other children who fail to survive me, in the manner set forth above. B. If they are unable to agree, the division among my children and the descendants of any of my children who fail to survive me shall be made by my Personal Representative, in that person's sole and absolute discretion. I empower my Personal Representative to sell any or all of such property, if such property is not distributed in kind hereunder, and to distribute the proceeds among my said children in substantially equal shares. Any determination of my Personal Representative as to what should pass or be sold under this paragraph and to whom it should pass or be delivered or at what price it should be sold shall be conclusive. IV. Except as otherwise provided in this Will, I have intentionally failed to provide for any other relatives or other persons,whether claiming to be an heir of mine or not. Insofar as I have failed to provide in this Will for any of my issue now living or later born or adopted, such failure is intentional and not occasioned by accident or mistake. Last Will and Testament of CAROLINE de CAMPS / �, , Page 2 ��2�w V. Any beneficiary who fails to survive until One Hundred and Twenty(120)hours after my death shall be deemed to have predeceased me, and the gift to that beneficiary shall be disposed of accordingly. VI. Definitions: A. The term "descendants" as used in this Will means the immediate and remote lawful, lineal descendants by blood or adoption of the person referred to who are in being at the time they must be ascertained in order to give effect to the reference to them. B. The term "children" as used in this Will includes adopted and afterborn persons. The term "children" as used in this Will shall include step-children, the natural born or adopted children of a person's spouse who are not the natural born or adopted children of the person. A relationship by or through legal adoption shall be treated the same as a relationship by or through blood for purpose of succession to property under this Will. C. The term "per stirpes" as used in this Will means that whenever a distribution is to be made to the descendants of any person, the property to be distributed shall be divided into as many shares as there are (1) living children of the person, and(2) deceased children, who left descendants who are then living, of the person. Each living child(if any) shall take one share and the share of each deceased child shall be divided among his then living descendants in the same manner. D. The term "Personal Representative" as used in this Will shall have the same meaning as Executor, Executrix, Independent Executor, or any other title of like import which is used to describe such a fiduciary. VII. In addition to any powers granted by the laws of the jurisdiction in which this Will is probated, I hereby authorize and empower the fiduciaries named in this Will, to the extent of the discretion herein granted, to sell, exchange, convey, transfer, assign, mortgage, pledge, lease or rent the whole or any part of my real or personal estate,to invest,reinvest, or retain investments of my estate, to perform all acts and to execute all documents which my fiduciaries may deem necessary or proper in regard to my property. If any of my fiduciaries elect to receive compensation for services, such compensation will be that allowed by law. VIII. If any part of this Will shall be invalid, illegal, or inoperative for any reason, it is my intention that the remaining parts, so far as possible and reasonable, shall be effective and fully operative. My Personal Representative may seek and obtain court instructions for the purpose of carrying out as nearly as may be possible the intention of this Will as shown by the terms hereof, including any terms held invalid, illegal, or inoperative. Last Will and Testament of CAROLINE de CAMP Page 3 v This document was prepared under the authority of Title 10 U.S. Code, section 1044, and implementing military regulations and instructions,by DAVID W. STARRATT, a member of The Judge Advocate Legal Service,United States Army, who is licensed to practice law in the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I have at Carlisle, Pennsylvania, on 9d'1" g , set my hand and seal to this my LAST WILL AND TESTAMENT, consisting of 5 typewritten pages, each page bearing my handwritten signature. C' /-) (SEAL) CAROLINE T. de CAAff The foregoing instrument was, at Carlisle,Pennsylvania, on `7 � /g99 , signed, sealed, published and declared by CAROLINE T. de CAMP, the testator, to be her LAST WILL AND TESTAMENT in the presence of all of us at one time, and at the same time we, at her request and in her presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses, and we do so verily believe that the said testator is of sound and disposing mind and memory at the date hereof. Soc.Sec.N;o. ` ^ Soc..S�Se��c.N��o. Soc.Sec. O. of I�J�Q of 0461'2(�iof K,L 1,200 Last Will and Testament of CAROLINE de CAMP D ( / �� Page 4 Cl-l%U COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ACKNOWLEDGMENT I, CAROLINE T. de CAMP, 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; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. (SEAL) CAROLINE T. de CAMP 1 V 1 AFFIDAVIT W e,�C- Zn-Q, 'L� �i V-5 E'YE-9 0-L—aQ 6 C , and S q c t -t,l n) , the witnesses, sign our names to this instrument,being duly qualified a6cording 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 that time 18 or more years of age, of sound mind and under no constraint or undue influence. e--t, WITNESS WITNESS WITNES& Subscribed, sworn to and acknowledged before me by CAROLINE T. de CAMP, the testator, and subscribed and swornto before 65-*-iC- rsez26e' , and -1 uag4, 1 (-KJ _, the witnesses, on j Notarial seal f Betty R.standridge,Notary Public NOTARY PUBLIC My Commission Expires: Carlisle Boro,Cumberland C4u2001 ,� mmission Expires May cscnr;atinn Of Notaries Last Will and Testament of CAROLINE de CAMP. 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