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HomeMy WebLinkAbout07-07-05 I PETITION FOR PROBATE and GRANT OF LETTERS Estate of 7?a0h s.. N3Q'/ev No. dl- 05'- 0000 also known as / To: Register of Wills for the Deceased. County of C,,'" /vrlcu,,~ in the Social Security No. / 7~ -/~ -/526 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the executrix named in the last will of the above decedent, dated ]Rr>a11W /0 ,19~ and codicil(s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Pennsylvania, with rCS 6" (list street, number and muncipalilY) Decende.5i then 71 years of age, died /-bt/l5~h/~;;: rf:kr d;-2;: I at i1Iesf "'''' fk4/iK lUff;! R,,;',h,'/.'fg/"rN/ . Go Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property $ (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa.) Personal property in County $ '-<.5: ~, "'" V alue of real estate in nsylvania $ situated a' fol ows: , un';v,'qt/ j}; , , / N7 - I. IUS , h. '1; WHEREFORE, petitioner(s) respectfully re uest(s) the probate of the last will and codicil(s) presented herewith and the grant of letters (testamentary; administration c.t.a.; administration d.b.n.c.l.a.) theron. " -.r f;t:tl;:; ~ ~ d .. ~ u C " ]3 " " "'~ -g.g CU'':: lI1ec.hW,t'Shurt>. 11" I'fRQ> 3~ J "~ 00 ;; c '-". '" in OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA } ss COUNTY OF r."mfJeuANI) The petitioner(s) above-named swear(s) or affirm(s) that 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 represen- tative(s) of the above decedent petitioner(s) will well and truly adm~er t~e estate according to law. 'wom '" m o"o_'~' .."=,"" { . a...&.. " before m this day ~ ~ - '" ~ ~ - a.. I - OS - 0" 00 RENUNCIATION In Re Estate of R/fLPN S. !JIJILl:Y deceased. To the Register of Wills of ~M BGt2-L-I1Ai D County, Pennsylvania. The undersigned J Co 7T /4NAJ w'/ $ A I t.-eY of the above decedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that Letters T E3TIt/l1 E7JTJlIZ.V . be issued to Cltt2-tJ '- K. 811 / L.E 'I . WITNESS 41JL / ~c.h hand this .;2. J dayof Jv,,-,<- ,-I-9-Zu~S- - y On this R day of June, , , (Signature) 200 ~, personally appeared tefore ll'e, a Notary Public in and for the Cormonwealth ~ tL t ~ fu I (Address) of Pennsylvania, 0 nhi ~ F-' (who is personally known to ll'e or has provided sufficient identification to ll'e) (Signature) and swan! to and subscribed her/his name 1" J ,~,~, .r.1 Ju.. r..fuhJ Public Notarial Seal (Signature) Sandra S. Dille. Notary Public SEAL Pine 1Wp., Crawford County My Commission Expires Apr. 13. 2006 Member, PennsyrvamaAssoclationofNOtaries (Address) r hpn:::r.;n RENUNCIATION In Re Estate of p deceased. To the Register of Wills of �'qD,54z' /(o County, Pennsylvania, The undersigned of the above decedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that Letters be issued to l4R,�L- R. 8141LLc7-y WITNESS hand this 3a!5day of U(u On this 3-0 day of 200 S personally appeared before me, (Signature) d Notary public in and for the Comtronwealth Z� Am)15 (I , Of Pennsylvania, &,k/ I7-4,03 (Address) ( (who is personally known to me or has Provided sufficient identification to me) (signature) and sworn to and subscribed her is name herein. (Address) �'I p`WQTr] PUIJIIC SEAL COMMONWEALTH OF PENNSYLVANIA (Signature) Notarial Seal f' Diane L. Knappenberger, Notary Public CJ York Twp.,York County i— �My Commission Expires Oct.6,2007 Uj Ca :- P7 �(_ (Address) C.._ - ""- tLOC. .._ L1 O(-) -- Q ,.__ - _ _ _ _ - S _. _ _ i; � f t �. . . N - f 1�%�' RENUNCIATION In Re Estate of V&P11 � ,4ILE Y deceased. To the Register of Wills of County, Pennsylvania, The undersigned T11N $U12XE�DN �'ALF of /yJ.sby//F.fC�'i/t'BPS.A,Vd T.P.fPS -Md1Sr CMAWY,ort /fit t ©,4W.C, j-&eeEss4 TFy1,P//YEXSTkirS; L'D..lW t2Y mV- FYriht/L'/.RC� Co-�7pe L1F' the above decedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that Letters l��1�SjyTit.Qy/ be issued to �L �`�• �'¢� Y WITNESS hand this day of20DS jE %N/S /ZE°NuNCJ.4Ttoy SHrfIL Titek�N EXTC�t/t) To 7W T.2t(STEc�SH/,' G v06E T.y 4.S57- /,U/GL AS on this u day of 11 Jt a� SAN l3uRKE (Signature) 200 , personally appeared before me, .c;,e mAA1 swr4(.& fs .4w 7,-"sr CD, DNB /u. H/" SY, /zle lJok 2ZO a. Notary Public in and for the Con¢mnwealth CAAAL/S/E, frf 17013 of Pennsylvania, TAPE E 8I(R KE (Address) (who is personally known to me or has provided sufficient identification to me) (signature) and sworn to and subscribed her/his name .., herein. U d � ! 1 J U1 I- Notary Pub is 7 COMMONWEALTHOFPENNSYLVANIA (Signature)t.� NotaAalSeal 4FAT ,Kathy J.Lest, Mary Pu -?""t t.,o • -, Carlisle Som CumNberland CoudtC nty t _ -My Gammt iatl E>#es July 28.2(id9 ' Member,Pennsylvania Assoolaaon Of Netadea (Address) .,,r. � � �. ,. _.� �: � . .�i)� i!. tl: 'li 1 'M1 Y� _ ~ 1- os- - CJ{,C() REGISTER OF WILLS OF (UtY)bef ~f)J COUNTY OATH OF SUBSCRIBING WITNESS codicil (each) a subscribing witness to the will presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that present and saw the testat , sign the same and that signed as a witness at the request of testat_ in h presence and (in the presence of each other) (in the presence of the other subscribing witness(es)). Sworn to or affirmed and subscribed before me this day of (Name) 19_ (Address) Register (Name) (Address) Ct.UI18ET?L4-IVL) -. REGISTER OF WILLS OF COUNTY OATH OF NON-SUBSCRIBING WITNESS C,f~l 1(. t3/f/ LEY (each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that .sm ;~ familiar with the signature of ,f' &/h' S. .&-f./uy €e<lieil- testat~ of (.eq~ 9f tHe .'Jl:l/:J:Juit:JiRg '\'itHe3Se.3 to) the will presented herewith and codicil that 5he believes the signature on the will is in the handwriting of ~~.+' 5. ,8/1'/LEY to the best of her' knowledge and belief. Sworn to or affirmed u'f2 subscribed before 8~x/~~ me thIS / f ~ day of Co."" I k. &,;J"tJ (Name) L~tI ~~ 'f~ E. L,'SbICm I?d, /I1echan,'csb"t;f. 1ff/7oss-- :Lc~~;: (Address) ReRister (Name! ~ (Address! - d I - oS -01000 REGISTER OF WILLS OF C U frlI3B<?L/l-Al.tJ COUNTY OA TH OF SUBSCRIBING WITNESS (!/I,ff(,Lt;S E: S/lItFZ..PS ?lI , esaieil ~ a subscribing witness to the will presented herewith, (each; being duly qualified according to law, depose(s) and say(s) that /IE w/fS present and saw IULlJ!.{ S. t3l1-f Ui? 'y . the testat.o" , sign the same and that he signed as a witness at the reqUest of testatrix in h'ls presence and (in the presence of each other) (in the presence of the other subscribing witness(es)). Sworn to or affirmed ~nd subscribed before xcklev c:~ Z1T me this I ~ h day of ('.fqrlt?s E: Sh,eld.sc ameJ {!:If F: ~~2G05 6 (!/"k.2'~, ~d?en;CSblt;;tJ Pt /7/)S,) lJi/ ^ ~---- ., It+ (Address) ~ c..W-, L.----. Register (Name) (Address) REGISTER OF WILLS OF COUNTY OATH OF NON-SUBSCRIBING WITNESS , (each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that familiar with the signature of , codicil testat_ of (one of the subscribing witnesses to) the will presented herewith and codicil that believes the signature on the will is in the handwriting of to the best of knowledge and belief. Sworn to or affirmed and subscribed before me this day of (Name) 19_ (Address) Register (Name) (Address) Th'.- is C0 cc,.,;"" d,,,t ,I,,, 'ntorJlm;on here ~ivcn is correctly copied fi'c)fTI an original certificate of death duly filed with me as Local R::f;;strar Th,. ol'igir"l "enilic.lIe will he f,,,,varded I,) the State Vital Records Office for permanent i'ili~g. WARNING: It is illegal to duplicate this copy by photostat or photograph. r~t'I' t<lf [his ceniJicall'. ~2.00 /i~~\f~Drpl~~~_. in~e!~~ AjF7 /1# //----~ ~~ l~~~\ t:JE/ '". \~~ $(:) ~--- '-~ ~U\ ,d', I~~ " . .-j-,,; ,'~ ... . " , l*'~ ~'>-'---*S ~ & --~ - - /~l P 8010117 ~ "-__ _///~,l . QJ ....J. / ,.__~/"'ENf ~\ ~":",,, ",.) It :t.(~-."o..J. iJ.'iJO / ;-""0. "''''''/~NNUlllllllllr'Y ) I l.J;lte , .""...~1 H'O,aJrl.,2i87 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH TYPf./PAltH n"'E ''If "1J....Ul ,. ~-~-~.y_.~-~~_.~~-~.-~-~- PERMANENT NAME'OfOEUOEtHlf.$IM_,c'''1 '" SOCIAL S!::CUR,n NU"'SER IItACKINI( Ralpl1 S. B"i~_ , Mare ,. 170 - 16 . December 29,2001 AGE I'~" a'N.\,! UNOER1YEAA ~"OO~ G"O'""'. -iilflTHI'iXiiC;;;-:'";.:;;- PUlCEOFOEATlilC"""''''''I'"",,"._,o'''''''''''''''''''__1 Monoh. l Oa~ -'1 ~~I;;' J~M;'~:~1~;2 3.....",C<"'Y"c:"'""YI HOSI'llA.L------- 79 n. Westwood. California 1......1_1 (J ERI()..p,U,....O ="vIO , , , ~ COUNTY Of DEATH CITY. 6ORO. T'WPDFDEAn. FACllfTYtl...~E{"""'.,"""""....g."">I,,""""',.,,"""', AACE.......""....10d0.n,6I&c.,WI\io...e ISpec:"I'l ~ Cumberland k West Shore Hearth & Rehabilitation .. White OECEDENT'SUSUAtOCCUPl\l'ION "'AAIT"'lSTAlUS.Uama.:l SUAVIVINGSPOuSE - - i~t:..."f''''':~;::'''':t.::,~~ ,",,_~anoa<l.W_. 'n....'J''''',.....,."nMnGI fu6<J Dnn>o-e<<IlS<>a<:ly) '" Real State Broker " .. Marri d Carol Kenned DECEDENT'S Pennsylvania 'rc.~ -.-no-..-----l.Jpper-Alkm_twp....-__.._ .~____ "'CTUAI. ~ 450 East Lisburn Road fDENCE - . . (Sae--..c"""" ........ .. Mechanlcsburg, PennsylvanIa 1705 on"':"'~,,"l 11b.Couo f&.mmrlaryJ -' 17..0 ::"''"':.''.='01 ~- FA(HER.SN.......EIF..'-~"''''..L...I ...OTHER.SN...~E,Fo$l....""""...........Sul""""'J .. John H. Bailey ... Martha M McConnel lNI'OFI.UANT'SNA~Efl1pd1Pt"~1 INFOAMANrSMAll.ING...OOREssISn....~.Slaoa.lipc...,., - Carol K Bailey - I.IETHOOOF DISPOStTION PLACEOFOISl'OSlTIOtl.'"-olC_~.C'''''''l<M)' coc.vooo.. /Tr;Mn,S1....l"IIleo.,. a_@ c,."",,_D _ol~""'S1.,.O .~- 0 Uoo.aI"",[J oo-...{S_"Y~ Jan 2. 2002 Chestnut Hill Cemetery Mechanicsburg, Pennsylvania '" lIe. ". . SlGNAlURE~ E LICENSEE OR PERSON ACTlJolG...S SUCH UCENsfo NU"IIB\ ""'IolEANOAOORi'SSOf'FACllfTY , /-l-.- C1 ~ 111> ..EO:D . .k < ~"""W ..~."".,lIocc...'''''al'lIa"m..d.I..'''''''"''.'''.,.d llGEHSEtlU"'BER OATESlGNED I .""''''''1 ~.DaV._l ,~ ... 'k TluE OF DE.....H . J:E PROtlOUNCED OE"'OIMon'~. 0'1. ~~'I WO'SC...SEAEFERREDTO...EDtCAl.E.......INERlCOflON.ER? 14 5.00 P.M. !! n December 29 2001 ..0 ...e- n. ~"T': E'''....'lIadl.......ln......'''''''''...p<IoUI'''''''..hicll'''"''"''''IIIa....,,, 00_............--01"""'11. 'u<II.. '."""c,,, '."""10""".".'_' ""...... 'ailu'. '''-''........ "'''T~: OIMl....__~IO"".,".but l..,""'1"....e.u.....,.ach_ 1...__ nol~......~__"'PItoRlI .-_-.it 2o'T'B--IA-_______ J---.. OFW-5JT7A- : OlE"fO(OOAS"'CONSEO\JENCE~ -~.". 1'--------------------- OUE"fOIOflaS"'CONSEOUENCEOF] I :---otJE1Oi~AS"'CONSHiUENdOf)--- .--.----- ..- ..--.--=--==~__ _.~.~-"-"---- WERE"'Ul(lPSYFItlOlNGS UANNEIIOF lX...TH ''''~'.'".'I'~""' lNJUIIYAlWOflI<? DESCRlaE HOW I~RYOCCURREO ~lABI.E.PfIIOAJO 1M...,,,, o.~ ,",011 COl.lPL-ETlONOFCAUSE '1"",,, [J o _ OF~H1 -<~ _0 ~Q. -~. 0 1'.""'......'0....'9."'0 [J fuO ~-Et ~~ [] C""'d_t>OIdool.'m'....d LJ ~Cf.6F-,NJUIlY.A1homal.""...,.....,aclo<y."jj;". ... lOCAT~~_C"V/lo->Stal.. b~.,C,Sp"".,,1 - ,~ 1.b. .. - ~ CEIl1Il'If.A'C"""."",."",,) SIGNArURi'ANDTITl.EOFCERIIFIER 'CEIlTIf'YIHG PHV5lCl"'N 1P"~""'""<"""I''''Il~''''''''''''''.d' ,,".,,"~'"~., ...,'.......oh... PlO""_,,,,,,,,,,,,,,.," .."" '''''''''.''''-''''''' 2JI 0111> ---:i 1t'i~1J'-" T"-ba..OI"'r~"""Iedg.a,cle.'"oec:u""'_"'_e,u..<'I"""m.nn."..,.,,,, < 'PItONOUNC'NG aND CERTIFYING PNVSICIAN 1....\'>'<..0 I",,~ "'''''UY'''''''J ~~"'h .,., c"""V""l "'~'u'~ '" "e.,,',i lICENSE"'U~Il--- o..nSIGNEO,""".....o..,.,,"', 0 T.. Ih. ....1 01 "'y ~f'>(l"""g.. ".'"_~U"N .1 .... ......, d.,.. ."" P'.c.. ."" duo 10 .h. ~""..1') ."" n,.noo( .. ...,'" lC UOOP//4" t _3!.L....J_?"_.}.!.......:."~L___" N"'ME-ANDAOoRESS Of PERSON WHOCowf't.ElEO CAUSE" Of DEATH . (hem~11T11>00lP"'" 6, F'u6-Il-",,......c-'.,.- {y". 0 .l,IfOIC"'LEXAMINEIlJCOROfolEA " On 'h. b..;. ......mln.1!on .nGlo.- in~"U9""..n.;n m~ ~p'mon. d..lI. oce'...ed al 'h. 11m.. d.,.. antl!,l.c., .nd </y.'o 'he e.yoec.J.nd - Bci" j1o)l'h~ C:"H',,<, -*'0 '" m.nn.,...,....;... ... . .... ........ '. .. U 11 _ C.t"ht."tI rlIL~' I'~/){)II , -.------ ^-- ;,l ,,-""~~:.::":.:::'~~-~::~-- -- O...TEFllEO'...""Ih.O....Ye.'1 li<ILj"'~ ).~c:.e'?16.e;e .3// ...lc...O J -- ----- -~ . LAST WILL AND TEST AMENT OF RALPH S. BAILEY I, RALPH S. BAILEY, of the Township of Upper Allen, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making void all fOffiler Wills by me at any time heretofore made. FIRST The expenses of my last illness and funeral shall be paid from my estate. SECOND I hereby give and bequeath, absolutely and in fee simple, to my spouse, CAROL K. BAILEY, all my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment, provided that if my spouse dies before the thirtieth (30th) day following the day of my death, this gift shall lapse or be divested and I make said bequest to my issue, per stirpes, living at the time of my death, to be divided among ihem as they shall agree. If they can.ilot agree for ailY rcason, then these items shall be sold at public auction, my issue being permitted to bid upon such items. My Executor shall represent any minor child in any division of such property and shall deliver to the person standing in the place of a parent to such minor, without bond, such portion of the minor's share as my Executor, after considering the minor's wishes, deems appropriate and shall sell the balance and pay the proceeds to my Trustees to be retained or distributed as circumstances may dictate as provided for below. THIRD Should I so desire, I will make a series of specific bequests to specific individUals on a plain piece of paper to be signed and dated by me and to be inserted with this, my Last Will and Testament. FOURTH The gift to mv soouse in this Item is intended to give: mv P.~t:;ltp_ thp_ tT1~rit~1 oJpnlll"'f;nn . allowable to my estate for Federal estate tax purposes, reduced by an amount, if any, needed to increase my taxable estate to the largest amount that after allowing for the unified credit and any other credits available to my estate, will result in no Federal estate tax, and pay the net income therefrom not less frequently than quarterly to my spouse for life. My spouse shall have power to appoint all or any part or parts of the principal of this Trust to herself or a class composed of the issue of myself and my spouse. This power shall be exercised by her alone and in all events by specific reference thereto in her Will, or by delivery at any time or times during her lifetime of a written direction to my Trustees who shall thereupon make payment as she directs. My Trustee shall pay to her personal representatives from any unappointed principal the difference between all taxes, interest and penalties which they must pay by reason of her death and those which would be payable by them if such unappointed principal were not taxable in her estate and shall add the balance of such unappointed principal to my residuary Trust. FIFfH I give and devise the residue of my estate, real and personal, to my Trustee hereinafter named, IN TRUST, as follows: A. The net income therefrom shall be paid to my spouse, CAROL K. BAILEY, for life. B. My spouse shall have the power to appoint to herself up to the greater amOll.'1t of five percent (5%) or $5,000 annually from the principal of the residuary trust under this Item. This power of appointment shall be noncumulative and may be exercised during my spouse's lifetime only by her giving the Trustee written direction other than by her Will. C. Upon the death of my spouse, or in the event my spouse predeceases me, my estate shall be distributed as follows: All the rest, residue and remainder of my estate, real, personal and mixed, whatsoever and wheresoever situate, shall be liquidated as need be, in the sole discretion of my trustee, and shall then be divided and distributed in equal shares unto my children, per stirpes, as follows: Becky Bailey, Scott Kennedy Bailey, Patricia Bailey Bowman, Judy Bailey, and Thomas William Bailey, excepting, however, that I and my spouse have currently advanced fifty thousand ($50JXX)) dollars to Ollr nmHrhtp'f Rf'C'.lcv whll"h ili.: tn hP ...rm~-irlprprl 0)0 , result in a said equal share being less than any balance of principal andlor interest then due and owing, then in such case my said daughter, Becky, shall not be required to repay such amount to my estate for the purpose of equalizing the shares to be distributed, rather, such amount shall be considered forgiven. SIXTH Trustee may use principal of the trust under Item FOURTH hereof (Marital Deduction Trust) only for the benefit of my spouse. With the foregoing exception my Trustee may use principal from the trust under Item FIFrH hereof (Residue Trust) for the benefit of my spouse as that Trustee deems necessary: A. To meet the expense of any accident, illness or other emergency befalling her; B. For maintenance, and support C. To pay funeral expenses, including the cost of a grave marker and perpetual care of the grave. Notwithstanding the foregoing, the power to consume, invade or appropriate property for the benefit of my spouse and issue shall be limited by ascertainable standard relating to health, education, support or maintenance within the meaning of subparagraph (a) of Section 204I(b)(I) of the Internal Revenue Code of 1954 or any similar provision which may be in effect at the time of my death so that such power wil! not constitute a general power of appointment. SEVENTH I hereby nominate, constitute and appoint my hereinafter named Trustee, Guardian of any property which passes otherwise than under this will to a minor and with respect to which I am authorized to appoint a Guardian and have otherwise not specifically done so. Such Guardian shall have the power to use principal as well as income from time to time for the minor's education, support and welfare, or to make payment for these purposes without further responsibility to the minor or to any person taking care of the minor. EIGHTH No provision of this Will is intended to exercise any power of appointment, including any power of appointment granted to me by my spouse's estate planning or other documents. NINTH All taxes, interest and oenalties thereon oavable bv rea.on of mv death with r"'nPrl In . anticipation or voluntary or involuntary alienation, and the personal receipt of such beneficiary shall be the sufficient and only discharge of my Executor and Trustee unless otherwise provided herein. ElEVENrH In addition to powers given them by law, my Executor and Trustee and their successors and any guardian acting hereunder shall have the following discretionary powers applicable to all real and personal property held by them, effective without court order and until actual distribution:(except as more particulary stated and provided in Item RFfH above): A. To retain all property received by them including the stock of any corporate fiduciary acting hereunder, provided such property remains productive; B. To invest in all forms of property without restriction to investments authorized to fiduciaries, so long as such investments are productive; C. To join in any incorporation, partnership, recapitalization, merger, reorganization or voting trust plan; to delegate authority with respect thereto; to deposit investments under agreements and pay assessments; and generally to exercise all rights of investors; 1. To compromise controversies; .., To exchange or sell for cash, property or credit, publicly or privately, or to ... lease, even for a term exceeding five (5) years or the duration of the trusts hereunder, without liability on the purchasers or lessees to see to application of the consideration, and to give options for these purposes without obligation to repudiate them in favor of a higher offer; 3. With respect to my residuary trust under Item RFfH hereof, to allocate items of receipt or disbursement between income and principal as they deem equitable regardless of the character given such items by law; 4. To apply income or principal to which any beneficiary is entitled directly for his or her maintenance and support should they deem such beneficiary incapable of receiving the same by reason of age, illness or any infirmity or incapacity, or to pay the same to such person as they select to disburse it, whose: rPrpint ~h::t11 hP_::t rnmnlptp ~,....nl1itt'3n....... t).,.,...."'f......... n'~-t-h........t t-J....... . . 8. To assume continuance of the status of any beneficiary with reference to marriage, di vorce, illness, incapacity or other change in the absence of information deemed 9. To elect to value my gross estate for Federal estate tax purposes as of the date of my death or as of the alternate valuation date as allowed for such purposes, and to claim as income tax deductions expenses that would otheIWise qualify as estate tax deduction and other elections allowable under law; 10. Except to the extent necessary in order that the trust under Item FOURTH hereof qualify for the marital deduction allowable under the Internal Revenue Code, it shall not be necessary to segregate investments as belonging to a particular trust or share therein and all interests may be held in undivided form in a single fund from which proportionate distributions are made based on current reappraisals; 11. To merge any similar trust established by my spouse where the terms of the same are identical; 12. To make income or principal distributions during the course of administration of my estate or trust created hereunder; 13. In the event that I am the beneficiary of a qualified terminal interest trust and the same is taxable in my estate, I direct that my Executor shall seek reimbursement from said trust for all taxes due by my estate because of the inclusion of such trust in my estate, said computation of taxes due to be computed by taking taxes owed by my estate and such property included therein as compared to the taxes my estate would owe in the event said property were not taxable in my estate; and 14. To undertake any and all acts deemed necessary and proper by it for the proper and advantageous management of any trust and the settlement of my estate. TWELFrH In the event that for anv r~n what~oever_ <lnv of mu n!llJTu..rll-n"'r."in.....;"""... ,,1...........1....1 L_~___ . , . , , benefit or for the benefit of his/her issue and in addition no fiduciary named hereunder shall enter into any reciprocal arrangement with any other fiduciary to make such discretionary distributions. No fiduciary named herein shall have any power with regard to the administration of a trust created hereunder if such power would cause the trust to be includible in his or her estate for federn! estate tax purposes. THIRTEENTH Any person, other than my spouse, who shall have died within thirty (30) days of my death, shall be deemed to have predeceased me. If my spouse and I die simultaneously, or under such circumstances that the order of our deaths cannot be established by proof, my spouse shall be deemed to have survived me. Any person (other than myself) who shall have died at the same time as any then recipient of income or in a common disaster with such beneficiary, or under such circumstances that it is difficult or impossible to determine who died first, shall be deemed to have predeceased me. FOURTEENTH I nominate, constitute and appoint my spouse, CAROL K. BAILEY and my son Scott Kennedy Bailey and my daughter, Becky Bailey and Farmer's Trust Company, also known as Keystone Financial, as co-executors and co-trustees under this my will. However, in the event that for any reason any of the above-named co-executors or co-trustees are unable or unwilling to act in such capacity, then I nominate, constitute and appoint my daughter, Patricia Bailey Bowman as first alternate and my daughter, Judy Bailey as second alternate. Such authority to act as an alternate shall extend to permanent successor status as well as ad hoc status in the event of a conflict of interest regarding decisions on distribution and the like as mentioned above. No fiduciary acting hereunder shall be required to post bond or enter security in any jurisdiction. FIFTEENTH My Corpornte Fiduciary, if any shall be later appointed or shall otherwise become an executor or trustee, shall receive compensation for the performance of its functions hereunder in accordance with its Schedule of Fees in effect from time to time during the period over which its services are performed. SIXTEENTH - " . : '. " . , . IN WITNESS WHEREOF, I have hereunto set my hand and seal this I t!l;lt( day of Uu. 1997, to this and the preceding ~ (~) pages, and I have also placed my initials on each preceding page for better identification and greater security. U{4'<~ (SEAL) RALPH S. BAILEY SIGNED, SEALED, PUBLISHED and DECLARED by the above-named Testator, RALPH S. BAILEY, as and for his Last Will and Testament, in the presence of us, who at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses. ~~~~ r%~t1, ~. /I May ]8. ]997