Loading...
HomeMy WebLinkAbout08-31-15 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 request(s)the grant of Letters in the appropriate form: Decedent's Informat'on Name: t5 i -Ve,h L t n Ie r File No: -21,—,15— L63,L a/k/a: o: 21 1`)— a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 23 20[ �� Age at death: Decedent was domiciled at death in 6tkm h-e-IA VIA County, �Pe1?/5 i t V'd (State)with his/her last principal residence at V 1 Y VL Jf i o 5 ('Vers t U,-n bz,-IA n�- Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 1-1T?)alfaur 1)«re /� kWoA h nq C 1)1n �r1An'k Pg Street address, st Office and Zip Code 05-0 City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania................... ......... All personal property $ �(o �� e6 O If not domiciled in Pennsylvania. .... ....... ........ .... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ................... .... Personal property in County $ Value of real estate in Pennsylvania............... ................... ..... .................. $ TOTAL ESTIMATED VALUE. ... $_(a S� Real estate in Pennsylvania situated at: �y (Attach additional sheets,if necessary) Street address,Post Office and Zip Code City,Township or Borough County A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated re b 2 8 . -2-01( and Codicil(s) thereto dated (jf State relevant circumstances(e.g.renunciation,death of executor,etc.) C cn . Except as follows: after the execution of the instrument(s)offered for probate Decedent did not many,was not divorced,was not pa to a pendalg M c7 divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(g),and did not have a-bhild borFT adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS []EXCEPTIONS a. '° M ci w © O L7 ❑ B. Petition for Grant of Letters of Administration (If applicable) Q c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia.:durante minorte If Administration,c.t.a. or db.n.c.t a.,enter date of Will in Section A above and complete list of-heirs. H co Except as follows: Decedent was not a party to a 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. ❑NO EXCEPTIONS ❑EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets,if necessary): Name Relationship Address Form RW-02 rev. 10/11/2011 Page 1 of 2 Oath of Personal Representative ofTicial use only COtMiNIONWEALTH OF PENNSYLVANIA 1 } SS: COUNTY OF } Petitioner(s)Printed Name Petitionerlsl Printed Address ear t is j a- 4'v33 The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of the De edent,the Petitioner s)will well and truly administer the estate according/to law. Sworn to ffirmed and subscribed before Date Date g�311 t a me this�31 day of u!�t , 2Dt5 �— Date By: ��tl?'t U'��-� Date For the Register ! Date BOND Required:Q YES r)—(NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . .. . . . . . . . . . . . S 2HDl Attorney Signature: { )Short Certificatc(s). .. . . . ( I ) Renunciation(s).. . . . . . . . { ) Codicil(s), . . . . . ... . ( ) Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . .. . . . . Printed Name: ComOthcr�nlisston. . . .. . . . . . . . . . . Supreme Court ( . . . . , . . � ID Number: . . . . ... . Y� lam Firm Name: Address: . . . . . . . . Phone: Automation Fee. . . . . . . . . . . . . . . Fax: JCS Fee. . .. . . . . . . . . . . . . . . . . . Email: TOTAL. . . . . . . . . . . . . . . . . . . . . S f/D��ECREE OF TETE REGISTER Estate of t � V t„Jl t File No:21, ( a/k/a: AND NOW, 2JP5_1 in co-Lisjderation of theforegoing Petition, satisfactory proof having b e)i presented before me,IT IS. ECREED that Letters are hereby granted to '� in the above estate and(if appticabte that. the instrument(s) dated described in the Petition be admitted to probat a id filed o record as the last Will(and Codicil(s))of Decedent. e ist r of Wills Form RFV•02 rev. 1011112011 Page 2 of 2 RGR EC OFFICE OE' KG?S ER OF MILS ?0'15 AUG 31 PM 1.2 1:1, IF 0RP( S` G U LAST WILL OF STELLA V. VAN LINGEN D..gl0S A.F-LA, S1nEEO11111RE PROFESSIONAL El-El 1307 WHITE HORSE ROAD, BLDG.8,SUITE 200 VOORNEEG,NJ 08043 SECTION 1. IDENTIFICATION 1 1.1. CHILDREN SECTION 2. FUNERAL AND ADMINISTRATION EXPENSES 1 2.1. PAYMENT 2.2. INDEMNITY 2.3. CLAIMS 2.4. TRANSPORTATION EXPENSES SECTION 3. DISPOSITIVE PROVISIONS 2 3.1. TANGIBLE.PERSONAL PROPERTY 3.2. RESIDUARY DISPOSITIONS 3.3. AGE REQUIREMENT SECTION 4. FIDUCIARY PROVISIONS 5 4.1. APPOINTMENT OF FIDUCIARY 4.2. RESIGNATION OF TRUSTEE 4.3. COMPENSATION OF FIDUCIARY 4.4. POWERS OF FIDUCIARY SECTION 5. TAX AND ADMINISTRATIVE PROVISIONS 9 5.1. DEATH TAX CLAUSE 5.2. PROTECTIVE PROVISION 5.3. OPTIONAL TERMINATION OF TRUST 5.4. DISABILITY PROVISION 5.5. RULE AGAINST PERPETUITIES 5.6. ACCOUNTINGS 5.7. DEFINITIONS 5.8. CONTEST CLAUSE 5.9. APPLICABLE STATE LAW Mw Off.C.of Jl-j-A.F.AACk,LLC 51IFFOROSHIRE PROFESSION1L CENTER 1 1307 WHITE HORSE R110, Biot.B,SUITE 200 VOORNEES,NJ 080A3 I, STELLA V. VAN LINGEN; a resident of 5005 Adelaide Drive, Mt. Laurel, New Jersey 08054,do make and publish this,my LAST WILL AND TESTAMENT,hereby revoking all Wills and Codicils heretofore made by me. SECTION 1. IDENTIFICATION 1.1. CHILDREN - I have four (4) children, JEANNINE C. HART, ROBERT J. VAN LINGEN, MICHAEL J. VAN LINGEN and MIA P. OBERLOSER. All references in this Will to my"children" are to said named children. SECTION 2. FUNERAL AND ADMINISTRATION EXPENSES 2.1. PAYMENT- The expenses of my last illness and funeral, including a suitable marker for my grave; legally enforceable claims against me or my estate;and all expenses relating to the administration of my estate shall be paid out of my residuary estate. 2.2. INDEMNITY-My Executor shall be indemnified from the estate for any damages sustained by my Executor as a result of exercising,in good faith,the authority granted to my Executor under this Section. 2.3. CLAIMS - The payments authorized under this Section are discretionary, and no claims or right to payment by third parties may be enforced against my Will by virtue of such discretionary authority. 2.4. TRANSPORTATION EXPENSES-My Executor shall have the sole authority and discretion to assess the cost and expense for the transportation and delivery of any asset directly to the beneficiary or beneficiaries receiving such asset. The decision of my Executor with regard to this matter shall be final and binding on all beneficiaries. D-91-A.&Hd>U.uc ST-OROSNIRE PRDEESSIONAL CENTER 1 1307 WHITE HORSE ROAD, BLDG.B,SUITE 200 VOORNEES,NJ 08043 SECTION 3. DISPOSITIVE PROVISIONS 3.1. TANGIBLE PERSONAL PROPERTY - 3.1.1. Separate Memorandum-I give certain tangible, non-business, personal property in accordance with a written statement or list,prepared pursuant to N.J.S.A.3B:3- 11,in my handwriting or signed by me,which describes the items and the devisees with reasonable certainty. Any memorandum written, dated and signed by me disposing of my personal tangible personal property shall be incorporated by reference into this Will. If I leave multiple written memoranda which conflict, the last dated memorandum shall control. 3.1.2. Remaining Tangible Personal Property - To the extent that tangible personal property has not been disposed of under previous subsections, I give such remaining tangible, non-business,personal property, together with all insurance on such property, to my surviving children in substantially equal shares. 3.1.3. Costs-All costs of safekeeping, insuring, and shipping shall be deemed to be a general estate administration expense. 3.2. RESIDUARY DISPOSITIONS - I give, devise, and bequeath the entire residue of my estate to be divided into four(4)equal shares and one(1)share shall be set aside for the benefit of each of my children and said share shall be administered subject to the following terms and conditions: 3.2.1. Income -My Trustee shall distribute all of the net income to or for the benefit of such child in quarterly or other convenient installments; and D.uy]R3 A.t-14A. STAFFORDSHIRE PROFESSIONAL CEHTE1 2 1307 WHITE HORSE ROAD, BLDG.B,SUITE 200 VOORHEEG,NJ 08043 3.2.2. Principal.-My Trustee shall pay to or apply for the benefit of such child as much of the principal of such child's share as my Trustee may from time to time deem proper for such child's health, welfare, maintenance and support; and 3.2.3. Withdrawal Rights - Such child shall have the right to withdraw TEN THOUSAND DOLLARS ($10,000) from the principal of his or her Trust on the thirty(30) day anniversary of the date of my death. In addition, such child shall have the right to withdraw principal from his or her Trust, one-fourth (1/4) on the three (3) year anniversary of the date of my death; one-third (1/3) of the entire remaining principal balance on the six (6) year anniversary of the date of my death; one-half(%) of the entire remaining principal balance on the nine(9)year anniversary of the date of my death; and the entire remaining principal balance on the twelve(12)year anniversary of the date of my death. However,although the withdrawal rights shall be available as specified above,under no circumstances shall a child of mine have to wait past their sixty-fifth(65)birthday to withdraw the entire portion of his or her Trust share; and 3.2.4. Predecease-If a child of mine dies before the time for setting apart said above-mentioned share, or, if a child of mine dies thereafter,but before his or her entire principal share has been withdrawn, the entire principal of such Trust share shall be distributed by my Trustee to such child's then living descendants on a per stirpes basis. If any of said child's descendants are under the age of thirty-five(35),then their share shall be administered as specified in the"Age Requirement" section of my Will. Furthermore, if any of the descendants of such child are disabled,then their share shall be administered as specified in section 5.4 of my Will. If a child 4 ((�� r of mine fails to have any then living descendants,then said child's share shall be distributed to my L_Off i s TT,, 3� 7 1 surviving descendants on a per stirpes basis(the share thus accruing to any descendant of mine, for ]J'oug�Rs A.7enArick,LLC S111—OSHiRE RROEESSIONIL EERTER 3 1307 WHITE HORSE RO40, BLDG.B,SUITE 200 VOORHEES,NJ 08043 whom, at that time, my Trustee holds a separate Trust hereunder, shall be added to such Trust thereafter and held as though originally forming apart hereof). 3.3. AGE REQUIREMENT-If any person less than thirty-five(3 5) years of age, other than my children named in Section 1, ("Beneficiary") is entitled to receive an inheritance under this Will, my Executor shall pay such inheritance to my Trustee, hereinafter named, or, if no Trustee is named, to the surviving parent of such person as Trustee, to be administered as follows: 3.3.1. Income -My Trustee may, in my Trustee's sole and absolute discretion,pay any part or all of the net income to or for the benefit of my said Beneficiary or may add any part of such income to the principal of the Trust.Notwithstanding the foregoing,if this Trust is a beneficiary of any qualified retirement account, my Trustee shall pay to such Beneficiary any required minimum distribution payable to this Trust; and 3.3.2.. Principal-My Trustee shall pay to or apply for the benefit of my said Beneficiary as much of the principal of my said Beneficiary's share as my Trustee may deem proper for my said Beneficiary's health,maintenance, support, and education; and 3.3.3. Withdrawal Rights - My Beneficiary shall have the right to withdraw principal from his or her trust,one-half of the remaining principal balance upon attaining the age of thirty (30) years, and the entire remaining principal balance upon attaining the age of thirty-five(35)years. The balance of the trust shall be determined by my Trustee at the end of each calendar year(or such approximate date upon which my Trustee appraises the Trust). LBW®ffiE� f D..gl.S A.F-JE ck,ac $TRFFOfloSHiBE PBOFE3810NE CEHTEB 4 1307 WHITE HORSE NO11, BLDG.B,SUITE 200 VOORHEES,NJ 08043 3.3.4. Predecease - If my said Beneficiary dies before the entire principal of such trust has been withdrawn, the entire principal shall be distributed by my Trustee to my said Beneficiary's then-living descendants on a per stirpes basis; or, in default of such descendants,to my living descendants on a per stirpes basis(the share thus accruing to any child of mine for whom,at that time,my Trustee holds a separate trust hereunder shall be added to such trust and thereafter held as though originally forming a part hereof); or, in default of such descendants, to the persons who would be entitled to inherit from me under the Intestate Laws of the State of New Jersey(N.J.S.A. 38:5-1 et seq.). SECTION 4. FIDUCIARY PROVISIONS 4.1. APPOINTMENT OF FIDUCIARY-I appoint JEANNINE C. HART and ROBERT J.VAN LINGEN as Co-Executors of my Will and as Co-Trustees of any Trust under my Will. If either of my Co-Executors and Co-Trustees fails to qualify or ceases to serve for any reason,then the remaining Co-Executor and Co-Trustee shall serve as sole Successor Executor and .Trustee. My Executors and Trustees shall not be required to give bond or furnish sureties in any jurisdiction. 4.2. RESIGNATION OF TRUSTEE - 4.2.1. Right of Trustee to Resign - My Trustee and any Successor Trustee shall have the right to.resign, by duly acknowledged written instrument delivered to the remaining Trustee or,if there is no remaining Trustee then serving,to the adult income beneficiaries and the adults who would be entitled to share in the principal of the trust if it were then to terminate. 11�� L_A011-11.4 DAF..,].A. _J,U.Ilf SiIEEOR1111RE PROEESSIONIL CENTER 5 - 1307 WNIiE HORSE ROAD, BLDG..B.SUITE 200 VOORHEES,NJ 08043 4.2.2. Power of Successor Trustee-Any Successor Trustee shall have the rights,powers,privileges,discretions, and duties conferred upon or vested in my Trustee by the provisions of this Agreement: 4.2.3. Nomination of Successor Trustee-If a vacancy occurs in the office of Trustee,then the Trustee or Co-Trustees,at that time,may appoint a Successor Trustee or Co-Trustee that is not related or subordinate to any beneficiary or beneficiaries. Such appointment shall be made in a written instrument that shall be delivered to my beneficiary or beneficiaries. In the default of such appointment, The Law Offices of Douglas A. Fendrick, LLC, or any successor law firm, shall have the right,power, and authority to designate a Successor Trustee. 4.3. COMPENSATION OF FIDUCIARY- My individual Executor and Trustee shall be entitled to receive reasonable compensation for services rendered and to reimbursement for all reasonable expenses. 4.4. POWERS OF FIDUCIARY - In addition to the powers herein provided and those given by law(N.J.S.A. 3B:14-23),my Fiduciary,without any order of the Court and in my Fiduciary's sole and absolute discretion, may: 4.4.1. Make Investments-Retain any property and invest and reinvest in any property, including by way of illustration, and not by way of limitation, common stocks tip to 100 percent of my estate, any common or diversified trust funds, maintained by any financial institution or association, and any form of life insurance, annuity, or endowment policies. In. so doing, my Fiduciary may act without restriction to so-called legal investments and without responsibility for diversification. Douglas A.Fe Jr it uc 5T. GRGGHIRERRGEE==IOH..EERTER 6 1307 WHITE HORSE Roll, —G.8,SUITE 200 VOORHEES,NJ 08043 4.4.2. Purchase Investments-Purchase investments at premiums and charge premiums to income or principal, or partly to each. 4.4.3. Stocks and Bonds - Subscribe for stocks, bonds, or other investments; exercise any stock option or similar right;join in any plan of lease,mortgage,merger, consolidation, reorganization, foreclosure, or voting trust, and deposit securities thereunder; and generally exercise all the rights of security holders of any corporation. 4.4.4. Reizistration - In the sole and absolute discretion of my Fiduciary,register securities in the name of his or her nominee or hold them unregistered so that title may pass by delivery. 4.4.5. Voting - Vote, in person or by proxy, securities held by my Fiduciary and, in such connection, delegate discretionary powers. 4.4.6. Repair-Repair,alter,improve,or lease,for any period of time, any property, and give options for leases. 4.4.7. Sell- Sell property at public or private sale, for cash or credit and with or without security,exchange or partition property,and give options for sales or exchanges. 4.4.8. Real Estate-Sell any real estate,at public or private sale, upon such terms.as my Fiduciary shall deem appropriate. 4.4.9. Borrow - Borrow money from any person, including any Fiduciary, and mortgage or pledge any property. 4.4.10. Compromise - Compromise claims including any questions relating to any policy of life insurance. However,my Fiduciary need not institute litigation to collect LB M. { D..,I.N A.F—JIil u.c STAFFORDSHIRE PROFESSIONAL CENTER 7 1307 WHITE NORSE ROAD, BLDG.B,SUITE 200 VOORNEES,NJ 08043 any policy unless my Fiduciary is reasonably indemnified for costs,counsel fees,and other expenses of such litigation. 4.4.11. Distributions-Make distribution of both income or principal in cash or in kind, or partly in each. 4.4.12. Employment ofAgents-Employ such agents as my Fiduciary may deem advisable in the administration of my estate or any trust pre-owned hereunder and pay them such compensation, if my Fiduciary may deem proper, out of income or principal or out of both. 4.4.13. Mutual Funds - Invest in mutual funds. 4.4.14. Delegation- From time to time, any Fiduciary may delegate to any Co-Fiduciary the exercise of any powers,discretionary or otherwise and may also revoke any such delegation. Such delegation and revocation shall be evidenced by a writing delivered to such Co-Fiduciary. While such delegation is in effect, any of the powers, discretionary or otherwise, so delegated may be exercised, and action may be taken with the same force and effect as if the delegating Fiduciary has personally joined in the exercise of such power and the taking of such action. Anyone dealing with such Co-Fiduciary shall be absolutely protected in relying upon his or her written statements relative to the fact and extent of such delegation. 4.4.15. Trust Additions - Add to the principal of any trust created hereunder any property received from any person by Deed, Will, or in any other manner,provided such property is acceptable to my Trustee. 4.4.16. Post-Termination-Exercise all power,authority,and discretion LBw®ffi—Bf Do„9IB3 A.F-141 LLC given by this trust, after termination of any trust created herein, until the same is fully distributed. STIFIOBDEHIBE PROFESSIO11L CENTER Q 1307 WHITE HORSE ROAD, o BE00.B,SIHTE 200 VOORHEES,NJ 08043 4.4.17. Limitations - Notwithstanding any of the powers conferred upon my Fiduciary,no individual,acting as Fiduciary hereunder,shall exercise or join in the exercise of discretionary powers over income, principal, or termination of any Trust (1) for his or her own benefit or(2) to discharge his or her legal obligation to support any Beneficiary. 4.4.18. Release of Powers - Any Fiduciary may release, in whole or in part, temporarily or irrevocably, any power, authority,or discretion conferred by this instrument by a writing delivered to the Co-Fiduciary and to each beneficiary then eligible to receive income distributions from any Trust. Such renunciation or release shall not affect the grant of power, authority, or discretion of the Co-Fiduciary then acting. SECTION 5. TAX AND ADMINISTRATIVE PROVISIONS 5.1. DEATH TAX CLAUSE - All estate, inheritance, and other death taxes,including any interest and penalties with respect to those taxes not caused by negligent delay, payable to any federal, state, or foreign taxing authority imposed with respect to all property comprising my gross estate, whether or not such property passes under this Will, shall be paid out of the principal of my residuary estate. 5.2. PROTECTIVE PROVISION- All principal and income shall,until f actual distribution to the beneficiary,be free of debts,contracts,alienations,and anticipations of any beneficiary, and the same shall not be liable to any levy, attachment, execution, or sequestration while in the possession of my Executor or Trustee. 5.3. OPTIONAL TERMINATION OF TRUST-Notwithstanding any other provisions hereof, my Trustee may, in my Trustee's sole and absolute discretion and at any time, L—Offi—4 1 A 7- 1 terminate any or all of the trust shares under this Will if the amount thereof does not warrant the cost 1)..!,L A. YentlricL I.LC ST4EEU11SNI1E RRO 110NPE CENTER n 1307 WHITE MORSE ROno, 7 BLDG.B,SUITE 200 VUORNEER,NJ 08043 of continuing said trust or if its administration would be otherwise impractical. Notwithstanding the foregoing, in no event may a Trustee who is also a beneficiary of a trust share hereunder exercise such termination power in favor of him or Herself. Upon such termination,my Trustee shall pay the principal and any accumulated or undistributed income of such trust share to the person or persons entitled at that time to the income therefrom in the proportions to which they were then entitled to receive the income, and,upon such termination,the rights of all other persons who might otherwise have an interest as succeeding life tenants or in remainder shall cease. If any such person be then a minor,or,in the opinion of my Trustee,mentally or physically incapacitated,my Trustee may pay the share of such fund to which such person would otherwise be entitled, to the parent or guardian of the estate or of the person of such income beneficiary or the person caring for my Beneficiary. In the case of a minor,my Trustee may deposit such fund in a savings account in a savings institution of its choosing for the benefit of such minor. 5.4. DISABILITY PROVISION -Unless otherwise provided for herein, any income or principal payable to any beneficiary who, in the opinion of my Trustee, is mentally or physically disabled, shall be held in a separate trust by my Trustee during such disability, unless the trust share is sooner terminated as otherwise provided herein. Income may be accumulated,and income and principal may be expended for the health,maintenance, support,and education of such beneficiary as my Trustee,in my Trustee's sole and absolute discretion,may determine. My Trustee may apply the same directly without the intervention of a guardian or pay the same to any person having the care or control of said beneficiary or with whom the beneficiary resides without duty on the part of my Trustee to supervise or inquire into the application of such funds. The balance of such L—olf—o{ ➢)DN�105 A.171&U,uc STAFFORDSHIRE PROFESSIONAL CENTER 10 1307 WHITE HORSE ROAD, a BLOC.B,SOITE 200 VOORHEES,NJ O8043 income and principal shall be paid to such beneficiary when the disability ceases or to such beneficiary's estate in the event of death prior thereto. 5.5. RULE AGAINST PERPETUITIES-If any trust hereunder is sitused in a jurisdiction which has a Rule Against Perpetuities,then notwithstanding anything herein to the contrary, no Trust hereunder shall extend beyond twenty-one (21) years after the death of the last survivor of myself and my descendants living at the date of my death. At the expiration of that period,my Trustee shall distribute the remaining portion of any Trust property in my Trustee's hands to the beneficiaries entitled to the income at that time. 5.6.- ACCOUNTINGS 5.6.1. Estate Accounting - My Executor shall render an account of, the administration of my estate to the beneficiaries of my estate upon the conclusion of such administration, or if such administration shall continue for a period of longer than eighteen (18) months after my death,then upon the request of any of the beneficiaries of my estate. The approval of the accounting by the adult beneficiaries of my estate shall be conclusively binding upon all of my beneficiaries. The adult beneficiaries shall be conclusively presumed to have approved each such account unless he, she, or they file written exceptions thereto with my Executor within thirty(30) days after the receipt of each account. Nothing herein shall limit the right of my Executor to file an accounting in a court of competent jurisdiction at the appropriate times. The records of the Trust shall be opened at all reasonable times to the inspection of the beneficiaries of the Trust and their appointed representatives. 5.6.2. Trustee's Accountings - My Trustee shall render an account IDNu91RN A.F.LFk,i.i.c of the administration of the trust to the then-living adult income beneficiaries and adult STAFFORDSHIRE PROFESSIONAL CENTER 11 1301-1E NORSE ROAD, BLDG.8,SUITE 200 VOORHEES,NJ 08043 remainderman upon request by any adult income beneficiary or adult remainderman, and the approval thereof by the living adult beneficiaries and living adult remainderman shall be conclusively binding upon all parties in interest under this Agreement. The aforementioned adult beneficiaries or adult remainderman, as the case may be, shall be conclusively presumed to have approved each such account unless he, she, or they file written exceptions thereto with my Trustee within thirty(30) days after the receipt of each account. Nothing herein shall limit the right of my Trustee to file an accounting in a court of competent jurisdiction at appropriate times. 5.7. DEFINITIONS - 5.7.1. Per Stirpes Distributions - Unless otherwise specifically provided, all distributions are to be made to a person's descendants, per stirpes. The distributable assets are to be divided into as many shares as there are then-living children of such deceased person and deceased children of such deceased person who left then-living descendants. Each then-living child shall receive one(1)share and the share of each deceased child shall be divided among such child's then-living descendants in the same manner. 5.7.2. Descendants - The descendants of a person means all of that person's lineal descendants of all generations. The relationship of parent and child at each generation shall be determined by the definition of parent and child contained under New Jersey law as of the date of my death. A descendant in gestation who is later born alive shall be considered a descendant in being throughout the period of gestation. ff 5.7.3. Disability-A beneficiary under this Will is disabled or under J.nW offices n1 U'i�DuJne A.rienlLid,LLC a disability when he or she is under the age of eighteen(18)years and not emancipated; or,if in the S..EEDBDGH BE P11111S,G..L CENTER 12 1307 WHITE HORSE ROAD, BLDG.8,SDITE 200 VOORHEES,NJ 08043 judgment of my fiduciary, the beneficiary is unable to manage his or her property and affairs for reasons such as mental illness,mental deficiency,physical illness or disability,chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance. If any court of competent jurisdiction has declared a beneficiary to be disabled or under a disability,my fiduciary shall be bound by that determination as long as that determination is in effect. 5.7.4. Education- As used in this Will, "education" shall include: 5.7.4.1. College-Any course of study or instruction at an accredited college or university granting undergraduate or graduate degrees. 5.7.4.2. Vocational-Any course of study or instruction at any institution for specialized, vocational, or professional training. 5.7.4.3. General - Any curriculum offered by any institution that is recognized for purposes of receiving financial assistance from any state or federal agency or program. 5.7.4.4. Course of Study - Any course of study or instruction which may be useful in preparing a beneficiary for any vocation consistent with the beneficiary's abilities and interests. 5.7.4.5. Types of Distributions - Distributions for education may include tuition fees,books,supplies,living expenses,travel,and spending money to the extent such education expenses are reasonable. 5.7.5. Fiduciary-For purposes of this Will,the term"Fiduciary" shall include an Executor, Executrix, Administrator, Personal Representative, Guardian, Custodian, 1, p 1 1 Conservator, Trustee or any other form of fiduciary. hmlg�Bs f9.I�F entlrlck,ac STAFFORDSHIRE PROFESSIONAL CENTER - 13 1307 WHITE HORSE ROAD, BLDG.B,SUITE 200 VOORHEES,NJ 08043 As used throughout this Will,the term"Executor," "Trustee," and "Fiduciary" shall refer to the original Executor and Trustee as well as any single,additional or successor Executor and Trustee. It shall also refer to any individual, corporation or other entity acting as a replacement, substitute, or added Executor and Trustee. Such reference shall include the masculine, the feminine and the neuter. 5.7.6. Other Definitions-Except as otherwise provided in this Will, terms shall be as defined in the Administration of Estates-Decedents and Others Act(N.J.S.A. 3B:1 et seq.) as amended after the date of this Will and after my death. 5.8. CONTEST CLAUSE-If any beneficiary,shall in any manner,directly or indirectly, attempt to contest or oppose the validity of this Will, including any codicils thereto, or commences or prosecutes any legal proceedings to set aside this Will, then in such event such beneficiary shall forfeit his or her share, as well as the share of any of his or her descendants, and cease to have any right or interest in the estate property. Such beneficiary's share shall be distributed as if the contesting beneficiary predeceased me without any living descendants. My Executor is authorized to defend, at the expense of the estate property, any contest or other attack of any nature on this Will or any of its provisions. 5.9. APPLICABLE STATE LAW - The validity of this. Will shall be determined by reference to the laws of the State of New Jersey. Any question with regard to the construction and administration of the various trusts contained in this Will shall be determined by reference to the laws of the state in which the trust is 1—Offi-S of 1➢0J1131B3 A.K!Jjil i.ic STAFFORDSHIRE PROFESSIONNE CENTER 14 1307 WHITE NORSE Roll, BLDG.B.SUITE 200 VOORHEES,NJ 08043 then currently being administered. IN WITNESS WHEREOF I subscribe my name this 28th day of February, 2011. STELLA V. VAN LINGEN The foregoing instrument was signed,published and declared by STELLA V.VAN LINGEN, the Testatrix,to be the Testatrix's Last Will and Testament in the presence of each of us,present at the same time, and we, at the Testatrix's request and in the Testatrix's presence, and in the presence of each other have hereunto subscribed our names as witnesses this 28th day of February, 2011. i� Lw 01h.0{1 Douglas A,FC.I ck.uc STAEEORDSHIRE RROEESSIONAE CENTER 15 1307 W117E NORSE ROAD, R-.B,-1E 200 VOORHEES,NJ 08043 WE, the Testatrix and Douglas A. Fendrick and Vicki McDyre the witnesses,respectively,whose names are signed to the attached or foregoing instrument,being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and Testament and that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses,in the presence and hearing of the Testatrix,signed the Will as witness and that to the best of the witnesses' knowledge the Testatrix was at the time eighteen years of age or older, of sound mind, and under no constraint or undue influence. ST E A V. VAN LING , Testatrix tW'tness Witness STATE OF NEW JERSEY ss. COUNTY OF CAMDEN Subscribed, sworn to and acknowledged before me by STELLA V. VAN LINGEN, the Testatrix, and subscribed and sworn to before me by Douglas A. Fendrick and Vicki McDyre, the witnesses, this 28th day of February, 2011. x/14; VALERIE KRAUSS A Notary Public of New Jersey My Commission Expires March 1,2014 L—0M.D{ Douglas A.Fe„6.41,uc STAFFORDSHIRE PROFESSIONAL CENTER 16 1307 WHITE HORSE ROAD, BLDG.B,SUITE 200 VOORHEES,NJ 08043 RAE66RDED OFFICE OF REGISTER, OF WILLS RE ISTER OF WILLS ?015 AUG 31 PM 12 11 CJI COUNTY, PENNSYLVANIA CL 1' K OF _kR2 HA14S' CCUR Tl C.UMBERLAIII0 CC)., PA RENUNCIATION Estate of Sit d�k yChA Lj in q Deceased V ai/i L�e m e,,-\ , in my capacity/relationship as (Print Nante) C of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to AZJ 2:1a (Date) (Signature) y i 3 3 &44R-444-( (Street Address)b.-44 _ (City,State) Executed in Register's Office Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the Deputy for Register of Wills purposes stated within on this � day of015' Notary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) Victoria R.McNre 9.29.05 Notary Public of New Jersey Commission Expires January 7.2019