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1lInst 1ItlIill nub (Btstnmtttl
OF
CARL G. MORTENSON
I, CARL G. MORTENSON, of the Borough of Camp Hill,
Cumberland County, pennsylvania, make, publish and declare this
to be my Last will and Testament, hereby revoking all wills and
codicils by me at any time made.
I.
I direct that all my just debts and funeral expenses,
including my gravemarker and all expenses of my last illness,
shall be paid from my residuary estate as soon as practicable
after my decease as a part of the expense of the administration
of my estate.
II.
I bequeath my automobiles, household and personal effects
and other tangible personalty of a like nature (not including
cash or securities), together with any existing insurance
thereon, to my wife, Mary deS. Mortenson, if she survives me by
thirty (30) days. Should my wife, Mary deS. Mortenson, not be
living on the thirty-first (31st) day following my death, I
bequeath such tangible personalty and insurance thereon to such
of my children as are living on the thirty-first (31st) day fol-
lowing my death, to be divided between them by my executor with
due regard for their personal preferences in as nearly equal
shares as practical. If either of my children shall have pre de-
ceased me, I bequeath the share said deceased child would have
received to the issue of said deceased child, share and share
alike, and in default of issue, I bequeath said share to my sur-
viving child. Any such article allocated to a minor may, as my
executor thinks advisable, either be delivered to the minor or
to any person to hold for the minor or to be sold and the pro-
ceeds paid to the guardian as property distributable to the
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minor as hereinafter provided in Paragraph IV hereof.
III.
If my wife, Mary deS. Mortenson, survives me (and I direct
for the purpose of this Paragraph III of my will that she shall
be deemed to have survived me unless it appears unmistakably
that she predeceased me), I devise and bequeath the residue of
my estate of every nature and wherever situate, including any
property over which I have any power of appointment, as follows:
A. If the federal estate tax due because of my death
will be reduced by making this gift for her benefit, I devise
and bequeath to my wife, Mary deS. Mortenson, absolutely an
amount exactly sufficient to reduce such tax to the lowest pos-
sible figure, including full use of the federal estate tax
specific exemption and of any credits available to reduce such
tax. A chief object of this Paragraph III-A is to secure the
full benefit of the marital deduction allowable for federal
estate tax purposes or any similar benefit available under the
federal estate tax law in effect when I die. Accordingly, I
direct that:
1. If the marital deduction or any similar bene-
fit is allowable with respect to any property, including prop-
erty held by entireties, which my wife has received prior to my
death or at my death will receive otherwise than pursuant to
this Paragraph III-A, the value of such property shall be taken
into consideration in calculating the size of the gift under
this Paragraph III-A.
2. No property ineligible for the marital deduc-
tion or any similar benefit shall be distributed to this gift
for my wife, Mary deS. Mortenson, pursuant to this Paragraph
III-A.
3. Either cash or investments or both may be
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allocated to the gift under this Paragraph III-A.
4. Any property allocated under this Paragraph
III-A in kind shall be valued at the value at which it is
finally included in my gross estate for federal estate tax pur-
poses, provided that the aggregate market value thereof on the
date of allocation (plus the value as finally determined for
federal estate tax purposes of all other property qualifying for
the marital deduction) is at least equal to the dollar value of
the marital deduction as finally determined for federal estate
tax purposes.
5. If any provision of my will shall result in
depriving my estate of the marital deduction for federal estate
tax purposes for this Paragraph III-A, such provision is hereby
revoked and my will shall be read as if any portion thereof
inconsistent with allowance of the marital deduction for federal
estate tax purposes for this Paragraph III-A is null and void.
B. The balance thereof to National Central Bank,
hereinafter called trustee, IN TRUST, for the following uses and
purposes:
1. To pay the net income therefrom to my wife,
Mary deS. Mortenson, for her life in such periodic installments
as trustee shall find convenient, but at least as often as
quarter-annually.
2. As much of the principal of this trust as the
trustee may from time to time think advisable for the support of
my wife to maintain her in the station of life to which she is
accustomed at my death and after taking into consideration her
other readily available assets and sources of income, or for the
support of my children after taking into consideration their
other readily available assets and sources of income or during
illness or emergency, shall be either paid to her or them or any
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of them or else be applied directly for her or their or any of
their benefit by the trustee. Any such distributions hereunder
need not be equal.
3. In addition to the above provisions, my wife
shall have the power to direct trustee to pay to her or to apply
out of principal in each year, including the year of my death,
an amount not in excess of the greater of Five Thousand
($5,000.00) Dollars or five (5%) per cent of the then aggregate
value of the trust principal. This power is non-cumulative and
can be exercised only by an instrument in writing signed by my
wife, Mary deS. Mortenson, and delivered to trustee.
4. The trustee may apply the net income of this
trust for the support of my wife, Mary deS. Mortenson, should
she by reason of age, illness or any other cause in the opinion
of the trustee be incapable of disbursing it.
5. Upon the death of my wife, Mary deS.
Mortenson, or upon my death if she predeceases me, this trust
shall terminate and the then remaining principal and any accumu-
lated or undistributed income shall be distributed to my then
living issue, per stirpes, without regard to earlier distribu-
tions of principal to children under Paragraph III-B-2.
IV.
I appoint National Central Bank of Harrisburg,
Pennsylvania, guardian of any property which passes either under
this will or otherwise to a minor and with respect to which I am
authorized to appoint a guardian and have not otherwise specif-
ically done so, provided that this appointment of a guardian
shall not apply to property distributable to a minor for whom I
have otherwise made special provision and provided further that
this appointment of a guardian shall not supersede the right of
any fiduciary in its discretion to distribute a share where pos-
sible to the minor or to another for the minor's benefit. Such
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guardian shall have the power to use principal as well as income
from time to time for the minor's support and education (includ-
ing college education, both graduate and undergraduate) without
regard to his or her parent's ability to provide for such sup-
port and education or to make payment for these purposes, with-
out further responsibility, to the minor or to the minor's
parent or to any person taking care of the minor.
V.
All federal, state and other death taxes payable because of
my death with respect to the property forming my gross estate
for tax purposes, whether or not passing under this will,
including any interest or penalty imposed in connection with
such tax, shall be considered a part of the expense of the
administration of my estate and shall be paid from my residuary
estate under Paragraph III-C without apportionment or right of
reimbursement. All such taxes on present or future interests
shall be paid at such time or times as my executor or trustee
may think proper regardless of whether such taxes are then due.
VI.
The interests of the beneficiaries hereunder shall not be
subject to anticipation or to voluntary or involuntary aliena-
tion.
VII.
My executrix, executor, trustee and guardian shall have the
following powers in addition to those vested in them by law and
by other provisions of my will applicable to all property,
whether principal or income, including property held for minors,
exercisable without court approval and effective until actual
distribution of all property:
A. To retain any or all of the assets of my estate,
real or personal, including stock of my corporate fiduciary,
without regard to any principle of diversification or risk.
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B. To invest in all forms of property, including
stock, common trust funds and mortgage investment funds, whether
operated by my corporate fiduciary or others, without restric-
tion to investments authorized for Pennsylvania fiduciaries, as
they deem proper, without regard to any principle of diversifi-
cation or risk.
C. To sell at public or private sale, to exchange or
to lease, for any period of time, any real or personal property
and to give options for sales, exchanges or leases, for such
prices and upon such terms or conditions as they deem proper.
D. To allocate receipts and expenses to principal or
income or partly to each as they from time to time think proper.
E. To borrow from or to sell to my trustee even
though such trustee may be my executor.
VIII.
I nominate, constitute and appoint my wife, Mary deS.
Mortenson, Executrix of this, my Last Will and Testament. If my
said wife, Mary deS. Mortenson, is unable or unwilling to serve
as Executrix, then I nominate, constitute and appoint National
Central Bank of Harrisburg, pennsylvania, Executor of this, my
Last will and Testament.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this.? ~/<.L day of
1975.
... ~_..~--_._-~ *
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,--:' Ci..'-I'-C_~<J,-L~<-.. ' "".--- (SEAL)
Carl G. Mortenson
Signed, sealed, published and declared by the above-named
Testator as and for his Last Will and Testament in the presence
of us, who, at his request, in his presence and in the presence
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of each other, have hereunto subscribed our names as witnesses.
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OATH OF SUBSCRIBING WITNESS
COMMONWEALTH OF PENNSYLVANIA I ss:
COUNTY OF CUMBERLAND (
This................................... ~.? ~~............................ day of........... K.~!:?:r;.~!!-.:r;.Y................................... A.D., 19. .? ~..,
before me Richard E. Anderson, Register for the Probate of Wills and granting letters of Administration
in and for said County of Cumberland, in the Commonwealth of Pennsylvania, personally came ..............
........... .~Q~.~ J:3.::R..);..,... !':I.y.~ f!..9. 1... .~.;I; J;... ~!!.9:.. :\'.1,I.()~1!,I;~.. .~.." . .~;{~.~~.......................................................................
the subscribing witnesses to the foregoing instrument of writing purporting to be the last Will and
Testament of .......... .~!1-.~.. .~.... )1QJ:3..r.~~.$.Q~.................................................. Dated .... ..'!.~.~.y.. ..? ~.!.. },~.??.....
late of ....... ...?R;r;.9.~g.l:\..9J...~!i\WP...!tt!-J.................................................... Cumberland County Pa., deceased
who being duly ............~W.9.f!!.................... according to law, depose and say, that .......!7.J::~X...~~.7.~............
present, and saw and heard the testa..t9.L....................., .........~!?-.~...~.,...~Q.~~~!'!'.~Q.~............................
sign, seal, publish, pronounce and declare the said instrument of writing as and for h.~~........... Testament
and Last Will, and at the time of so doing ..................h!i'...........................was of sound and disposing mind
memory and understanding, to the best of ...............:t:.h~.:i-.+....................knowledge, observation and belief.
...........Sw.cu:n...to.................. and subscribed before
..................~~~'70J~:ljJ......................................
::::::::::::::;zJ:;(..;(?:.:~:::::::::
AFFIDAVIT OF DEATH
COMMONWEALTH OF PENNSYLVANIA I ss:
COUNTY OF CUMBERLAND (
:~"".'-r:-:'J1-.:~~ 'p. (~n:r~~:n'G:-:, rprl_;.~':: c-J:>+'j_f?e~~ of M."+-.i.0i"lr:.J. ~('.n-::r01 '~,:":;: b' d 1
.... ....... ..<1..............;.... ................ .......~...................... '" ............................ .... ................ ....... .:1............... ...... elng u y
...........;;;>1'.9.;1;1:1.......................... says that as nearly as can be ascertained the said decedent ..........................
......... .>::l\R:r... ..Q... ..!19.R?:J;:.l!!(:?Q.l!!...... ........ ........................................ ........................................................... .died on
..........?:),W!'H~.;;\Y...................... the ...........l:-.9.t!?-.............day of ...........0:~.l!:~~.7X......................... A.D., Hl~....,
at or about .......................................... o'clock, ....M.
...........R~2;r;P....t9.......................and subscribed this
..~:~~<rL:!~...............
1/ ~., ~"d- ~t~-4'v
...................}.~~.~................... day of ......~?~?!:.'.~.~.r:.:r
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