HomeMy WebLinkAbout09-19-05
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REAGER & ADLER, PC
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP Hill, PENNSYLVANIA 17011-4642
717-763-1383
TElEFAX 717-730-7366
WEBSITE: ReagerAdlerPC.com
THEODORE A. ADLER +
DAVID W. REAGER
CHARLES E. ZALESKI
LINUS E. FENIClE
THOMAS O. WilLIAMS
SUSAN J. SMITH
SUSAN H. CONFAIR
TIFFANY M. CAR~WRIGHT
PETER R WilSON
JOHN H. IETRZAK
+ Certified Civil Tri I Specialist
Writer's E-Mail Address:MZercher@ReagerAdlerPC.com
September 16, 2005
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Philip Murray
811 Mandy Lane
Camp Hill, P A 17011
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RE: Estate of Marian M. Murray
Our file number: 01-800.001
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Dear Phil:
Thank you for getting me the death certificate so promptly. Enclosed please find the Pet tion for
Grant of Letter and Estate Information Sheet which you will need to take to the Cumberland County Register
of Wills to probate Marian's Will. In addition to these documents, you will also need to take the fo~lowing:
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2.
Original Death Certificate
Original Will
Do not sign the documents until you are instructed to do so by the Register.
When you appear at the Register of Wills, you may simply tell them you are there to probate
Marian's will and hand them the enclosed documents. A probate fee of approximately $437.00 wi 1 be due
at the time of probate. Please tell the Register of Wills that you would like three (3) Short Cer fficates.
Once the Letters are granted, they will forward them to our office at which time we can begin the process
of transferring the TDW account to the trust.
In the event you have any questions, please feel free to contact me.
Very! truly yours,
\./~DL
Moniica D. Zercher
Legal Assistant
Enclosures
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Register of Wills, Cumberland County
PETITION FOR GRANT OF LETTERS
No.-dJ-05u~6S
Estate of Marian M. Murray
also known as Marian M. (Roe) Murray
, Deceased
Social Security No. 20324~459
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE "A" OR "B" BELOW:)
GJ
A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut or
Decedent, dated 6/17/2002 and codicil(s) dated n/a
named in the Last ill of the
State relevant circumstances, e.g., renunciation, death of executor, etc
Except as follows, Decedent did not marry, was not divorced and did not have a child born or adopted after execution of the documents offe red
for probate; was not the victim of a killing and was never adjudicated incapacitated:
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B. Grant of Letters of Administration
(c.I.a., d.b.n.c.t.a.: pendente lite, durante absentia; durante minoritate) I
Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following Ispouse
(if any) and heirs: I
I Name Relationship Residence I
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..... ; eS
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. -,
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Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family Q" principal: )
residence at 811 Mandv Lane, Camo Hill Hamoden Township, Pennsvlvania 17011 Ld
(list street, number and municipality)
Decedent, then 73 years of age, died July 14, ,2005 ,at Holv Soirit Hosoital
(Location)
Decedent at death owned property with estimated values as follows:
(if domiciled in PAl All personal property......................................... $ 431 000.00
(if not domiciled in PAl Personal property in Pennsylvania .................... $
(If not domiciled in PAl Personal property in County.............................. $
Value of real estate in Pennsylvania ........................................................................................ $
Total ..................................................................................................................... $ 431,000.00
Real Estate situated as follows:
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Wherefore, Petitioner(s) respectfully request(s) the probate of the Last Will and Codicil(s) presented with this Petition and the grant of lette~s in
the appropriate form to the undersigned: I
Typed or printed name and residence
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Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petitioner(s) above-named swear(s) and 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 representative(s) of the Oecedent,
Petitioner(s) will well and truly administer the estate according to law.
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DECREE OF REGISTER
Estate of Marian M. Murray
also known as Marian M. (Roe) Murray
Social SecurJty No: 203245459 Date of Death: 7/14/2005 .
AND NOW, \ -1QptQ~YY\~,,- \ q ,dOl"'6
on the reverse side hereon, satisfactory proof having been presented before me,
Deceased
N~/-() ~;- ~ .~
IT IS DECREED that Letters IZJ Testamentary 0 of Administration
(c.I.a.. d.b.n.c.t.; pendente lite; durante absentia; durant .
in the above estate and that the instrument(s), if any, dated l 0 - 11- () ~)
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
FEES
Letters................................... .
Short Certificate(s) ...............
Renunciation ..........................
Affidavit ( ) .......................
Extra Pages ( )..............
~..~.............
JCP Fee .................................
$ L\\O.(){)
$ J'~ .00
$
$
$
$ \S.O-o
$_10 \ (If)
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Attorney
Attorney: David W. ReaQer
1.0. No: 20868
Address: 2331 Market Street
Camp Hill
Telephone: 717-763-1383
DATE FILED: q - jq ~ 05
Inventory & Tax Forms............. $
OtherCLM...~y.y:()Q'rl\;u:.,';(.~..~A $ 5. Ob
PA ~7011
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TOTAL .............................$ y~. (1)
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IllI'1_XII'1 l<LV fin:'
This is to certify that the information here given is correctly copied fro~ an original ce~t.ific,~te of death du~~ filed with me as
Local Registrar. The original certificate will be forwarded to the State VItal Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate. $6.00
P 111397581
No.
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Loc, I Registrar r
f,,"_)
Rev. 2187
COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS
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8b. Cumberland
DECEDENTS USUAL OCCUPAT'ON
(~~=:~j~;~lfe~~O d~~ru~~~~~r:g).(
CERTIFICATE OF DEATH
NAME OF DECEDENT (First. Middle, Last)
1.
AGE (Last Birthday)
Marian M.
SEX
f.emale
ST A TI:. FILE NUMBER
SOCIAL SECURITY NUMBER
3203 - 24 -5459
5. 73 Yrs.
COUNTY OF DEATH
BIRTHPLACE (City and PLACE F DE TH Check onl one - e in tructioms on
State or Foreign Country) HOSPITAl:
Inpatienl [i4' DOA 0
8a.
FACILITY NAME (If not institution, give street and number)
11. reta l1bnationa
DECEDENTS MAILING ADDRESS (Street. CityrTown. State. Zip Code)
811 Mandy Lane
Camp Hill, PA 17011
16.
FATHER'S NAME (First. Middle. Last)
18.
INFORMANTS NAME (Type/Print)
20..
METHOD OF DISPOSITION
Donation 0 Burial 0 Cremation ~emoval from Stale D
21a. Other (Specify)
SIGNATURE OF
defense
DECEDENTS
ACTUAL
RESIDENCE
(See Instructions
on other side)
17a. State
MARITAL STATUS - Married,
Never Married, Widowed.
Divorced (Specify)
14.married
17c. rn Yes, decedent lived in
17d. 0 ~~hj~e~~~~~\j~t:~ of
R. Murra
17b. coun/yCumberland
Did
decedenf
live in a
township?
twp.
city/boro.
Edgar T. Roe
MOTHER'S NAME (First. Middle, Maiden Surname,
19. Beatrice P. Irwin
INFOB~I>J'lT'S MAILING ADDRESS (Street. citylTownl~late, ~ Codal
20b. tH 1 Mandy Lane Camp Hi 1, t'A 17011
Philip R. Murray
DATE OF DISPOSITION
(Mooth. Day. V,a,) 7 / 16/05
D 21b.
E LICENSEE OR PERSON ACTING AS SUCH
PLACE OF DISPOSITION- Name of Cemetery, Crematory
or Other Place
lOCATJON - Cityrrown. State. p Code
21J1chaeffersto
17088
LICENSE NUMBER
22b. FS012849-L
Ilems 24-26 must be completed by
person who pronounces death.
To the best of my knowledge. death occurred al the tjme, date ana place stated.
(SignatUTe and Title) 13/1 t
238. 1"- .~' ,.(-,
TIME OF DEATH
24.
26.
: Approximate
I interval between
: onset and death
IMMEDIATE CAUSE (Final
disease or condition
resulting In death)--"
-fe/II c ,l.IiLrlt{--e: ":.._
Sequentially list conditions b.
if any, leading to Immediate
cause. Enter UNDERLYING
CAUSE (Disease or Injury I c.
thai iniliated events
resulting on death) LAST d.
WAS AN AUiOPSY WERE AUTOPSY FINDINGS
PERFORMED? AVAILABLE PRIOR TO
COMPLETION OF CAUSE
OF DEATH?
DUE TO (OR AS A CONSEQUENCE OF)'
DUE TO (OR AS A CONSEQUENCE OF~'
MANNER OF DEATH
Natural
j2(
D
D
DATE OF INJURY
(Monlh. Day, Year)
TIME OF INJURY
INJURY AT WORK? DESCRiBE HOW INJU Y OCCURRED.
Homicide
D
D
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30.. 30b. M.
PLACE OF INJURY * At home, farm, street. factory. office
building, etc. (Specify) ,
30e.
REGI TRAR!' SIGNATUR~ ~R
33. _",,--<~'l/n.., /'< 1~
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Yes 0 No D
30c.
Accident
Pending Investigation
Yes 0 NOJ9
28a. '28b.
CERTIFIER (Check only one)
.l~~:F~~tGor~~~~~~~h~S~'i:rh ~~~~~J8dU:: t~ ~~:~a~~:~(=r~~3r~~~~~a~s h:t~r~~~~~~~ .~~~~~. ~~~ .~~.~.~~~~~.~ .i~~.~ .~~).................. 0
VesD
NoD
Suicide
Could not be detennined
29.
.PRONOUNCING AND CERTIFYING PHYSICiAN (Physician both pronouncing death and certifying to cause of death)
To the beat of my knowledge, death occurred at the time, date, and place, and due to the causesCs) and manner as stated......................
"MEDICAL EXAMINER/CORONER
~~~~:rb::l:t::e~~~,I.~~~i.~~. ~~.~~~.~ ~~.~~~~~~,~~~~.~: .l~ .~~. .~~i~~~.~: .~~~~~ .~~~~~~~.~. ~~. ~~. ~I.~~:. ~.~~~:. ~~~ .~~~.~~:. ~~~ .~.~~. ~~ .t.~~. .~~~~~~.(.~~ .~~~.. 0
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shc\ctr\wills\MurrayM. Will
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LAST WILL AND TESTAMENT
OF
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I, MARIAN M. MURRAY, of Camp Hill, Cumberland County, cOmmon~ial I (,l~~
Pennsylvania, wbicb I declare to be my domicile, do hereby make, publish, and declare thisdo ~ my .;
LAST WILL AND TESTAMENT, hereby revoking all Wills and Codicils at any time heretofore made
by me.
MARIAN M. MURRAY
FIRST: IDENTIFICATION OF FAMJIN. I declare that I am married to P:ILI R.
MVRRA Y, and that there are four (4) children of his marriage, whose names are MARGARET R SE
DEIN, JOHN JOSEPH MURRAY, CHARLES EDGAR MURRAY and PHILIP ROE Y.
As used in this Will, the terms "my spouse" or "my Husband" shall mean only PHILIP R. MU~Y.
As used in this Will, the term "my child" or "my children" refers to my natural children and ado ted
children. As used in this Will, the term "issue" refers to all lineal descendants of the indicated p rson
of all generations, with the relationship of parent and child at each generation determined b the
definition of "child"/"children" set forth in this paragraph. i
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SECOND: PAYMENT OF BURIAL EXPENSES AND DEBTS. I authonze my exe~utor
to pay all the expenses of (1) a funeral or memorial service; (2) the interment of my remains, incljding
costs of a grave site, if necessary; and (3) the installation and inscription of a suitable marker at and
perpetual care of, the gravesite. I further direct my executor to pay all of my lawful debts th I my
executor in his or her sole discretion may allow as claims against my estate. !
THIRD: DISPOSITION OF TANGIBLE PERSONAL PROPERTY. I give all dfthe
tangible personal property of every kind and description, including, but not limited to, personal effects,
automobiles and their accessories, furniture, furnishings, household goods, and clothing, togetherl with
all policies of insurance thereon, but excluding any cash, evidences of indebtedness, documents o~tit1e,
and securities and property used in connection with the operation of a trade or business, owned ~y me
at the time of my death, and not otherwise disposed of herein, to my Husband, or if he shall fail to
survive me, and any child of mine survives me, I direct my executor to divide my tangible per~onal
property into two parts. The first part shall contain all items that my executor determines,' after
consulting with my children, to be of no present or future value or use to my children. The secon part
shall contain the balance of the property. My executor shall dispose of the first part by sale,
abandonment, destruction, or gift to any charity or person. The proceeds of any sale shall be ad ed to
my residuary estate. All property in the second part I give in substantially equal shares to my ch ldren
to be divided among them as they shall agree. Ifno agreement is reached within sixty (60) day after
my death, all property in the second part shall be divided among all of the children in such ma er as
my executor shall direct. The decision of my executor shall be conclusive and binding on all p rsons
interested in my estate. I
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MARIAN M. MURRAY
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shc\ctr\wills\MurrayM. Will
Any item of personalty passing to a minor under this Article Third may be delivered to the
minor or to any person to hold for the minor, as my Executor thinks advisable, and the receipt 0:f1 any
such persons, including the minor, shall constitute a full and complete discharge to my Executor.
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I direct that any expenses incurred in obtaining possession, appraising, safeguarding, de1iveHng,
or selling such property be paid from my estate as an administration expense. r
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FOURTH: DISPOSITION OF RESIDUARY EST ATE. I
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A. Disposition to Spouse. All of the rest, residue and remainder of the property
that I own at the time of my death, both real and personal, and of every kind and description, whenever
situated, to which I may be legally or equitably entitled at the time of my death (my "residuary estalte"),
I give outright and absolutely to my spouse, ifhe survives me.
B. Possible Disclaimer Trusts. If my spouse survives me but validly disclaibs a
portion or all of the residuary estate to which he is entitled under this Article, I give such discla,med
portion of my estate, in trust to the trustee named in Article "SIXTEENTH" below, to take posses~ion,
control, and management of the disclaimed property, to invest and reinvest it, to collect and receiv~ any
income and, after deducting all proper expenses of any trust, to dispose of the net income an~ the
principal as follows: I
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1. Credit Trust. For this Credit Trust, I give to my trustee the lakgest
amount that can pass free of federal estate tax by reason of the applicable credit amount, the state ~eath
tax credit and any other estate tax credits allowed by the Internal Revenue Code; provided, howevert that
(1) the state death tax credit shall be taken into account only to the extent that it does not result jn an
increase in state death taxes which would otherwise be payable; (2) the sum disposed of by this Article
shall be reduced by the value of property which passes outside the terms of this Will or WhiChssses
under other Articles of this Will and which does not qualify for the estate tax charitable or m rital
deductions; and (3) the sum disposed of by this Article shall be reduced by charges against the pri cipal
of my estate which do not qualify as federal estate tax deductions. In making the compu tions
necessary to determine the amount of this pecuniary bequest, valuations and credit amounts as firally
determined for federal estate tax purposes shall control. I direct my trustee to hold, administer and
distribute the trust as follows:
a. During the lifetime of my spouse, my trustee shall pay to r for
the benefit of my spouse, in quarterly or more frequent installments, all of the net income of the rust.
b. During the lifetime of my spouse, my trustee, in its sol and
absolute discretion, may also pay to or for the benefit of my spouse such portions ofthe principal fthe
trust as my trustee deems advisable to liberally provide for my spouse's health, support and mainte ance
after taking into account his other resources. My trustee shall not, however, invade the principal qfthis
trust for my Husband's benefit until the principal of any marital trust created under this will f~r my
Husband's benefit has first been fully exhausted. I
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MARIAN M. MURRAY I
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shc\ctr\wills\MurrayM. Will
c. During the lifetime of my spouse, my trustee, in its sole land
absolute discretion, may also pay to or apply for the benefit of any child or children of mine Juch
portions of the principal of the trust as my trustee deems advisable to liberally provide for such chill or
children's health, support, maintenance and education (including higher and special educati n);
provided, however, that no such principal invasion shall be made for the benefit of any child or chi! en
of mine until my spouse's health, support and maintenance shall first have been adequately provided for.
d. My Husband is authorized, at any time and from time to t me,
upon written notice delivered to my trustee, to withdraw from trust principal an amount or amount not
to exceed, in the aggregate, Five Thousand Dollars ($5,000.00) per year or five percent (5%) 0 the
principal market value of the trust per year, whichever is greater, as determined on the last day of the
calendar year during which such withdrawal is made. The right of withdrawal shall be non-cumulative.
e. Upon the death of my Husband, the then remaining trust incpme
and principal shall be distributed to my then living children in equal shares PROVIDED THAT if a qhild
shall predecease my Husband leaving issue, then I leave the share of that deceased child to his o~ her
issue, per stirpes. Provided, however, that if such issue shall then be under the age of twenty-five 25),
my trustee shall hold that issue's share in a separate trust for the benefit of that issue, to be administ red
and distributed as provided in Article "SIXTH" of this Will.
f. In the event that no child of mine or any issue survive me,
I leave the remaining trust income and principal to be distributed to the WEBBER INTERNA TIO
UNIVERSITY in Babson Park, Florida.
2. Marital Trust. For this Marital Trust, I give all the rest, residue I and
remainder of the disclaimed property, of every kind and nature and wheresoever situated, whetherlreal
or personal, to my trustee to be held, administered and distributed as follows: I
a. My trustee shall pay to or for the benefit of my Husband ~l of
the net income from the trust in quarterly or more frequent installments so long as he shall live.
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b. My trustee, in its sole and absolute discretion, may also pay to
or apply for the benefit of my Husband such portions of the principal of the trust as my trustee deems
appropriate to liberally provide for my Husband's health, support and maintenance after taking .into
account his other resources.
c. The remaining balance of all of the principal and interest oJ this
Marital Trust shall be paid to the person or persons, including the estate of my spouse, as my sp use
shall appoint. This power of appointment is exercisable by my spouse alone and in all events. The
appointment shall be in the amounts or proportions and on the terms and conditions, either outrig t or
in trust, as my spouse shall appoint in his Last Will and Testament duly admitted to probate and
specifically referring to and exercising this power of appointment, whether or not his Will is exec ted
before or after my death. Before distributing the balance of the corpus, the Trustee shall pay any
inheritance, estate or other death taxes that may be due by reason of the death of my spousle in
connection with his interest in the corpus of the Marital Trust.
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MARIAN M. MURRAY ~
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shc\ctr\wills\MurrayM. Will
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d. If my Husband shall fail to exercise the power of appointment,
in whole or in part, then upon the death of my Husband, my trustee shall divide the remaining st
assets, or the part thereof as to which the power of appointment was not validly exercised, in e ual
shares to my then living children PROVIDED THAT if a child shall predecease my Husband lea ing
issue, then I leave the share of that deceased child to his or her issue, per stirpes. Provided, how ver,
that if such issue shall then be under the age of twenty-five (25), my trustee shall hold that issue's s are
in a separate trust for the benefit of that issue, to be administered and distributed as provided in icle
"SIXTH" of this Will.
e. In the event that no child of mine or any issue survive me, then
I leave the remaining trust income and principal to the WEBBER INTERNATIONAL UNIVERSITY
in Babson Park, Florida.
FIFTH: DISPOSITION WHEN SPOUSR NOT I,IVING. If my Husband does not su ive
me, I leave all ofthe rest, residue, and remainder of the property that I own at the time of my death, oth
real and personal, and of every kind and description, wherever situate, to which I may be legal y or
equitably entitled at the time of my death (my "residuary estate") in equal shares to my chil en
PROVIDED THAT if a child shall predecease me leaving issue who survives me, then I leave the s are
of that deceased child to his or her issue, who survives me, per stirpes, PROVIDED FURTHER T AT
if such issue shall then be under the age of twenty-five (25), my trustee shall hold that issue's sha e in
a separate trust for the benefit of that issue, to be administered and distributed as provided in icle
"SIXTH" of this Will. In the event that no child of mine or any issue survive me, then I leav my
residuary estate to:
SIXTH: SRP ARA TR TRUSTS FOR GRANDCIDI,DRRN. Ifmy trustee shall receiv any
amount on behalf of a child's issue (hereinafter referred to as "child" or "children"), pursuant t the
provisions of Articles "FOURTH" and "FIFTH" of this Will, I direct that my trustee shall hol the
amount received in trust, and shall administer and distribute that child's trust in the following ma ner:
1. Until such child shall reach the age of twenty-two (22), my trustee $hall
pay to or apply for the benefit of that child so much of the net income of the trust as my trustee ~hall
deem necessary or advisable to provide for that child's support, maintenance, health and education
(including higher or special education). My trustee shall accumulate any income not so distributed, and
shall add the same to principal at least annually.
2. After that child reaches the age of twenty-two (22) my trustee shall pay
to or apply for the benefit of such child all of the net income of the trust in quarterly or more freq ent
installments.
3. I authorize my trustee to payor apply principal of the trust, at any t me,
to or for the benefit of such child, even to the point of exhausting trust principal, in such amounts a my
trustee, in its absolute discretion, deems necessary or advisable to provide for the support, mainten ce,
education and health of such child. For example, but not by way of limitation, my trustee may p y or
apply trust principal, in my trustee's absolute discretion, for basic maintenance and support; eleme tary
)r,..............:: n-, . ~
MARIAN M. MURRAY
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shc\ctr\wills\MurrayM. Will
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or secondary education; post-secondary technical or vocational training; college, postgraduate, land
professional study; and assistance in connection with marriage, acquisition and furnishing of a hOFe,
and commencing a business or profession. In determining the amount of principal to be disbursed, I my
trustee shall take into consideration any other resources available to such child.
4. Upon such child reaching age twenty-five (25), the trust for such c ild
shall terminate and my trustee shall distribute to such child all of the trust assets remaining on ha d.
5. Ifa child dies before reaching age of twenty-five (25), survived by is ue,
my trustee shall distribute the trust principal to such deceased child's then living issue, per stirpe .
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6. Ifa child dies before reaching age twenty-five (25), and is not survived
by issue, my trustee shall distribute the trust of that child in equal shares to that child's then liring
siblings.
SEVENTH: TRUSTEE'S JUDGMENT FINAL. The judgment of the trustee as to the
amount of payments or applications of principal or income pursuant to Article "SIXTH" shall be mal
and conclusive on all persons interested, or who may become interested, in the trust estate. On ma ing
any payments or applications of principal, the trustee shall be fully released and discharged fro all
further liability or accountability.
EIGHTH: SPENDTHRIFT PROVISION. No beneficiary of any trust created hereunder hall
have any right or power to sell, assign, convey, mortgage, pledge, anticipate, hypothecate, or othe ise
dispose of any right, title, or interest that the beneficiary may acquire in the income or principal 0 the
trust estate until the income or principal has actually been paid over to the beneficiary by the tru tee.
Nor shall the income or principal of the trust estate, or any part of it, or any interest of any benefi iary
under this Will be liable for, or to any extent subject to, any debts of any kind or nature incurre or
contracted by any beneficiary, either before or after my death. Any right granted to a beneficia to
receive or withdraw assets of any such trust estate, either principal or income, for the beneficiary's wn
use and benefit shall not be available for the satisfaction of any claims of the creditors ofthe benefic ary.
Any right of receipt or withdrawal shall be suspended and may not be exercised by any beneficia on
the filing of a proceeding in bankruptcy in which the beneficiary is debtor. The suspension sha I be
continued during bankruptcy proceedings and shall be restored only after the entry of a final order of
discharge of the beneficiary as debtor.
NINTH: RULE AGAINST PERPETUITIES. Notwithstanding anything in this Will t the
contrary, I direct that no trust created hereunder shall continue for a period longer than permissible u der
my domiciliary state's Rule Against Perpetuities, and upon the expiration of such period, each such st
shall terminate and the assets thereof shall be distributed outright to those persons then in being ho
would be entitled to receive the trust principal from that trust at the time of the termination speci led.
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TENTH: JOINING OF TRUSTS. If at the termination of any trust created under this Will any
part of the trust principal is to be distributed to a person who shall then be the beneficiary of any 9ther
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MARIAN M. MURRAY .
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shc\ctr\wills\MurrayM. Will
ELEVENTH: POWERS OF ADMINISTRATION. I confer upon my executors and on
any trustee serving under this Will all powers granted to fiduciaries under the laws of the
Commonwealth of Pennsylvania, whether my estate is administered in the Commonwealt of
Pennsylvania or elsewhere.
trust created under this Will, I direct that such person's part of the trust principal be added to his
trust, to be administered and distributed as an integral part thereof.
In addition to the powers granted by law, I authorize my executors or other legal representa 'ves
of my estate and any trustee serving under this Will:
A. To accept additions to my estate or to any trust under my Will from any source.
B. To acquire the remaining undivided interest in property of my estate or tru~t in
which my executor or trustee, in their fiduciary capacity, holds an undivided interest. .
C. To invest and reinvest the assets of my estate or any trusts created under this ill
in securities or in real or personal property, whether within or outside of Pennsylvania or the U ited
States, without the need for diversification as to kind or amount and without being limited to inves ents
authorized by law for fiduciaries. More specifically, but not by way of limitation, I authorize and
empower such executors or trustee to:
1. Invest in discretionary common trust funds, mutual funds, inves
trusts, unsecured obligations, stocks, bonds, and real estate.
2. Retain as long as such executors or trustee deem proper any re 1 or
personal property or any stocks, bonds, notes or other securities (including securities issued b my
corporate fiduciary) which I own at my death or which are subsequently acquired.
D. To effect and keep in force fire, rent, title, liability, casualty or other insur nce
to protect the property of the estate or trust and to protect the fiduciary.
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E. With respect to any property, real or personal, or any estate therein owned by my
estate or trust, except where such property or any estate therein is specifically disposed of:
1. To take possession of, collect the rents from and manage the sam .
2. To sell the same at public or private sale, and upon such terms and
conditions, including credit, as to my fiduciary shall seem advisable.
3. To lease, mortgage, partition, or subdivide the same, even wher the
terms of such lease or mortgage shall extend beyond the administration of my estate or the term 0 any
trust. I
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MARIANM.MURRAY .
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4. To abandon property which does not have sufficient economic value, in
my executors' or my trustee's judgment, to make it worth protecting.
months.
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6. To grant options for the sale of same for a period not exceeding sil (6)
F. With respect to any mortgage held by the estate or trust, to continue the Jme
upon and after maturity, with or without renewal extension, upon such terms as the fiduciary de~ms
advisable, or to foreclose, as an incident to collection of any bond or note, any mortgage securing $uch
bond or note, and to purchase the mortgaged property or acquire the property by deed from the
mortgagor in lieu of foreclosure.
5.
To repair or improve the same.
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G. To employ any bank or trust company incorporated in the state of my domlfile,
any national bank located in the state of my domicile or any private banker duly authorized to en age
in business in the state of my domicile as custodian of any stock or other securities held as fiduciary, and
the reasonable cost thereof, except in the case of a corporate fiduciary, shall be a charge upon the e tate
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H. To cause any stock or other securities to be registered and held in the na4e of
1. In the case of the survivor of two or more fiduciaries, to continue to admilster
the property of the estate or trust without the appointment of a successor fiduciary. I
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J. As substitute or successor fiduciary, to succeed to all of the powers, dutie9 and
discretion of the original fiduciary, with respect to the estate or trust, as were given to the ori$inal
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a nommee.
K. To contest, compromise or otherwise settle any claim in favor of the estate, ,trust
or fiduciary or in favor ofthird persons and against the estate, trust or fiduciary, or to submit the ~ame
to arbitration, without judicial approval.
With respect to any shares of stock or other securities owned by my exec1(1tors
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1. To vote or refrain from voting, in person or by proxy, discretionar. or
otherwise, such shares of stock or other securities.
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2. To pay calls, assessments and any other sums chargeable or aCCIfuing
against or on account of shares of stock, bonds, debentures or other corporate securities, whenever Isuch
payments may be legally enforceable against the fiduciary or any property of the estate or trust or the
fiduciary deems payment expedient and for the best interests of the estate or trust. I
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or by any trustee:
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3. To sell or exercise stock subscription or conversion rights, participate
in foreclosures, reorganizations, consolidations, mergers, or liquidations and to consent to corpdrate
sales, leases and encumbrances.
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M. To execute and deliver agreements, assignments, bills of sale, contracts, dJeds,
notes, receipts and any other instruments necessary or appropriate for the administration of the e tate
or trust.
N. In the case of a trustee, to hold the property of two or more trusts or parts of uch
trusts created by the same instrument as an undivided whole without separation as between such t sts
or parts, provided that such separate trusts or parts shall have undivided interests and provided fuhher
that no such holding shall defer the vesting of any estate in possession or otherwise.
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O. To make distribution in cash, in kind valued at fair market value of the property
at the date of distribution, or partly in each, without being required to make pro rata distributions of such
property.
P. To pay all reasonable and proper expenses of administration from the pro erty
of the estate or trust, including any reasonable counsel fees which the fiduciary may incur. I
Q. To employ and remunerate agents to perform necessary services for the Jstate
or for any trust created thereunder such as, but not limited to, accountants, attorneys, investent
advisors, actuaries, appraisers and custodians. i
R. To borrow in the name of my estate or trusts from themselves or others and
secure such loans by mortgage, note, or pledge, at prevailing rates of interest. I
S. With regard to any business enterprise which I may own or possess an in~erest
in at the time of my death, whether incorporated, unincorporated, or operated as a sole proprietQrship
or partnership:
1. To retain all or any portion of the business and continue to opera~e the
same for so long as my executors or trustee shall deem advisable;
2. To sell all or any portion of the business, at such time and on such Iterms
and conditions (including credit), as my executors and trustee shall deem advisable. My executors and
trustee may sell the business to any person, including a person interested in my estate or a fid*ciary
serving hereunder. I
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3. To control, direct or manage the business; vote any corporate s~ares;
select, hire and compensate, or discharge employees, directors and officers of the business; serve ~n the
board of directors of the business; retain and compensate experts to advise my executors or tfustee
concerning the management or disposition of the business; I
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4.
money in the business;
To recapitalize or reorganize the business; invest additional sums of
5. To participate in or consent to any merger, consolidation, reorganization,
dissolution or liquidation of the business; I
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6. To account for the business as an entity separate from my estate or tust.
In this regard, my executors or trustee shall be authorized to retain earnings in the business in confor1nity
with sound business practice. I
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7. I exonerate my executors and my trustee from liability for any I loss
resulting from the retention and/or operation of any business enterprise unless such loss shall result from
the executor's or trustee's gross negligence or willful misconduct.
T. To claim administrative expenses of my estate either as income tax deductions
or as estate tax deductions, in my fiduciary's sole discretion, without regard to whether such exp4nses
are payable from income or principal, and without the necessity of making adjustme:.s or
reimbursements between principal and income or among the property interests of the va 'ous
beneficiaries of my estate. I exonerate my fiduciary from any liability arising from the clai of a
beneficiary of my estate whose entitlement under the terms of my Will has been diminished by my
fiduciary's elections. I
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U. To execute, file and deliver proofs of claim or receipts required to colle~t all
policies oflife insurance on my life which name my estate or any trust created hereunder as benefifiary;
elect any optional modes of settlement available under such policies; receive, administer and distI/ibute
the proceeds of such policies in accordance with the dispositive provisions of this Will. The rece~pt of
my executor or my trustee shall constitute full acquittance to any insurance company for policy pro~eeds
paid. i
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V. To terminate and distribute outright to the income beneficiaries thereof the hssets
of any trust which, in the opinion of my trustee, has become so small that it is uneconomic and rot in
the best interests of the trust beneficiary or beneficiaries to continue. .
W. To allocate, in their sole and absolute discretion, any amount of the exemption
from generation skipping taxes allowed under Internal Revenue Code, Section 2631(a), to proPtlrty of
which I am the transferor, including property transferred during my lifetime to which no allocatiJn has
previously been made, without the necessity of making adjustment or reimbursement to any per~on or
trust as a result of such allocation. I
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X. To combine trusts having substantially identical terms and with the II same
beneficiary or beneficiaries, whether created under the terms of my Will or my spouse's,. to be
administered and distributed as a single trust. .
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To join with my surviving spouse or the executor of my Will in the exepution
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and filing of:
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1. A joint income tax return for any period prior to my death for which I
have not filed a return and to agree as to the apportionment of any joint tax liability.
2. A gift tax return on gifts made by my surviving spouse and to conFent
to treat such gifts as being made one-half (Yi) by me, for any period prior to my death. i
Z. In the event that any of my tangible personal property is donated to a chari ble
organization(s) then my fiduciary is instructed to use the value of said donationes) as an inheritanc tax
deduction for any inheritance tax return which may be required to be filed as a consequence of my d ath.
AA. I exonerate my executor from liability for any loss resulting from the rete~tion
and/or operation of any business enterprise unless such loss shall result from the executor's gross
negligence or will ful misconduct.
AB. To file the appropriate election in accordance with Section 2056(b )(7) )(v)
ofthe Code, or any successor section thereto, to designate whatever portion of the assets comp sing
my federal gross estate that the executor, in the executor's sole discretion, determine should q alify
for the marital deduction. In making this determination, the executor is directed to conside the
present and projected financial requirements of my spouse, the expected period of survivors 'p of
my spouse and the assets that have passed to my spouse other than under the provisions of this ill.
AC. To do all other acts in the executor's judgment deemed necessary or desi able
for the proper and advantageous management, investment and distribution of the estate. i
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My executor may exerCise these powers lor any purpose and upon such terms, con It1o~ an
limitations (whether or not to exist longer than the administration of my estate) which ih the
judgment of my executor shall be in the best interest of my estate and the beneficiaries thererf.
TWELFTH: DISTRIBUTION TO MINORS AND PERSONS tINDER DISABII1ITY.
Except as otherwise provided for herein, if any of my Estate or trust principal or income shall ~est in
absolute ownership in a minor, an incompetent, or who in the fiduciaries' judgment is incapacitatea, my
executor or trustee shall have the authority, in my executor's or trustee's discretion, and withoutlcourt
authorization, to make distributions or payments in anyone or more of the following ways: (1) directly
to the beneficiary; (2) directly to the creditor in payment of the debts or expenses of the beneficiaIiY; (3)
to the guardian of the person or estate of the beneficiary; (4) to any custodial parent of a ininor
beneficiary; (5) to a custodian for the beneficiary under any law related to gifts to minors, includ' ng to
my fiduciaries in that capacity; (6) to apply part or all ofthe beneficiaries property for the benefi iaries
health, education, maintenance, support or welfare; or (7) to any other person who shall have th care
and custody of the person of the beneficiary. My executor or trustee shall be entitled to be paid at the
same rate as testamentary trustees under the state law of my domicile for the holding and manag'ng of
property pursuant to this Article of my Will. My executor shall account in the same manner as stees
and shall not be required to render or file annual accountings with respect to the properties so hetd and
administered for such beneficiaries. Nothing contained in this Article shall operate to suspend the
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absolute vesting of the share of any such beneficiary of my estate or any trust. Undistributed income
may be accumulated and may from time to time be added to principal.
THIRTEENTH: PAYMENT OF DEATH TAXES. My estate, inheritance, succession,
transfer or other death taxes shall be paid as follows: I
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A. If my Husband shall survive me, I direct that all estate, inheritance, success~on,
transfer or other death taxes assessed by any taxing authority, whether foreign or domestic, in res~ect
of all property taxable by reason of my death or by reason of the inclusion of such property in my g oss
estate for estate tax purposes, be paid, without apportionment, out of my residuary estate establi hed
under Paragraph A of Article FOURTH of this Will.
B. However, ifmy Husband shall survive me, and validly disclaims a portion qr all
of my estate, I direct that all estate, inheritance, succession, transfer or other death taxes assessed b~ any
taxing authority, whether foreign or domestic, in respect of all property taxable by reason of m~' ath
or by reason of the inclusion of such property in my gross estate for estate tax purposes, be paid, wit out
apportionment, first from that part of my estate which passes under the Credit Trust in icle
"FOURTH" of this Will. !
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C. To the extent that the part of my estate passing under the Credit Trust in A~icle
"FOURTH" shall not be sufficient to pay such taxes, I direct that the balance of such taxes shall be Ipaid
from the Marital Trust in Article "FOURTH" without apportionment. i
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D. lfmy Husband shall not survive me, I direct that all such taxes shall be paid ~om
my residuary estate without apportionment. I
E. However, the aforesaid notwithstanding, if, at the time of my death, I arp. the
beneficiary of a qualified terminable interest property (QTIP) trust, and the principal of that tJiIst is
includible in my gross estate for tax purposes, it is my direction, pursuant to the provisions of Intbmal
Revenue Code, Section 2207 A, that my executor or the trustee of such trust withhold from the shares
ofthe remaindermen of such trust an amount by which the estate tax in my estate exceeds the amount
of the estate tax which would have been payable had the trust property not been included in my ,state
for tax purposes. .
FOURTEENTH: PRESUMPTION IN CASE OF SIMULTANEOUS DRA TH. For the
purpose of this Will, in determining whether a person has survived me or another person, (1) my s~' ouse
shall be deemed to have predeceased me unless it unmistakably appears by proof that he survive me;
and (2) in all other cases, a person shall not be deemed to have survived me or another person ifhe or
she dies within thirty (30) days of my death or of the death of the other person. I
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tilt FIFTEENTH: APPOINTMENT OF EXECUTOR. I nominate and appoint my Jouse,
PHILIP R. MURRAY, executor of this, my Will. lfmy spouse shall fail to survive me, shall d~cline
to act, or having qualified shall, for any reason thereafter, cease to act, I nominate and appoint JpHN
JOSEPH MURRAY, as successor executor in his place. If JOHN JOSEPH MURRAY shall fail to
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survive me, shall decline to act, or having qualified shall, for any reason thereafter, cease to act, I
nominate and appoint MARGARET ROSE DEIN, as successor executor in his place.
SIXTEENTH: APPOINTMENT OF TRUSTEES. I nominate and appoint my sp use,
PHILIP R. MURRAY (co-trustee) and JOHN JOSEPH MURRAY, (co-trustee), as the initia co-
trustees of any trusts created under this Will, lfmy spouse shall not serve as co-trustee for any re son
or shall cease to serve as co-trustee for any reason, then I appoint MARGARET ROSE DEIN co-
trustee in his place. In regard to the above nomination of co-trustees, the following shall apply:
A. A co-trustee may at any time or from time to time by instrument in 'ting
executed by the co-trustee and delivered to the other co-trustee, delegate to the other co-trustee ,11 of
the powers conferred on or otherwise vested in the co-trustees jointly; provided, however, that no
discretionary power may be delegated to a co-trustee who is otherwise prohibited from exercising I~uch
power under other provisions of this instrument. The written instrument evidencing an exercise o~ this
right of delegation shall contain a statement as to the period of time during which the delegation shall
be effective. On the expiration of the delegation period, the co-trustee shall be restored to their ori inal
position in the administration of the trust estate. A co-trustee executing a delegation of pow rs as
described shall incur no liability or responsibility whatsoever for any loss or other consequence 0 the
trust estate that may result from any action or inaction of the co-trustee during the period th t the
delegation of authority is in effect.
B. Any co-trustee may resign from the position of trustee by executing a tten
resignation and delivering it to the other co-trustee, and the successor co-trustee. The date of de ivery
of the resignation shall be the effective date ofthe resignation. No court action or other proceedin shall
be necessary for the resignation of a co-trustee.
C. A person shall be disqualified from acting as a trustee (I) if found by a cdurt of
competent jurisdiction to be incapacitated; or (2) if, on receipt of a written request from ani adult
beneficiary or a co-trustee or successor co-trustee ofthe trust for a written certification from a qudlified
physician that upon examination the physician finds the person mentally or physically capa~le of
properly handling his or her business affairs, the person does not obtain a written certification tithin
thirty (30) days after receipt of the request. i
D, Every title, estate, right, authority and discretion vested in or conferred on any
initial co-trustee under this Will shall likewise become and be vested in and may be exercised ~y any
successor trustee.
E. No co-trustee who is a beneficiary hereunder shall ever participate in 1) the
exercise of, or decision not to exercise, any discretion to pay income or principal to or to apply i come
or principal for the benefit of, any beneficiary (including discretion to allocate funds among a gr up of
beneficiaries and discretion to accumulate income), (2) the determination whether a benefic'ary is
disabled, (3) the decision to terminate any trust hereunder, (4) the exercise of discretion to alocate
receipts or expenses between principal and income, (5) decisions to exercise tax options or (6) the
selection of the property to be allocated to the marital deduction trust. :
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SEVENTEENTH: LIABILITY OF TRUSTEE AND EXECUTOR. My executor and trustee
shall not at any time be liable for mistake of law or of fact, or both law and fact, or errors of judgm~nt,
nor for any loss coming to any beneficiary under this Will, or to any other persons, except through actual
fraud or willful misconduct on the part of the executor or trustee. My executor or trustee may, from 'me
to time, consult with counsel with respect to the meaning, construction, and operation of this ill,
particularly with respect to the appointments, allocations, and disbursements, and may act on the ad ice
of counsel in all matters without incurring liability on account of his or her actions.
EIGHTEENTH:
INTERPRETATION.
A. Terms. Throughout this Will I direct that the term "give" shall be deem d to
include the term "bequeath" or "devise" when appropriate.
B. Bond Not Required. I direct that no executor, trustee or other ~egal
representative of my estate shall be required to furnish any bond or other security in any jurisdic10n.
c. Will Not Contractual. My spouse and I are executing Wills at approxim tely
the same time, in which each of us is the primary beneficiary of the Will of the other. These Will are
not being executed pursuant to any contract to make a Will or any contract not to revoke a Will. The
Will of each of us is revocable at any time, whether before or after the death of the other spouse, t the
sole discretion of the spouse making the Will.
D. Successors of Fiduciaries. All pronouns referring to an executor or truste and
the terms "executor" and "trustee" shall be construed to mean any person acting as my executor, stee,
or administrator with will annexed, as the case may be.
E. Number and Gender. Ifrequired by the context of this Will, singular Ian age
shall be construed as plural, plural language shall be construed as singular, and the gender of per onal
pronouns shall be construed as either masculine, feminine, or neuter. I
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F. Invalid Provisions. If any part of this Will shall be invalid, illegk or
inoperative for any reason, it is my intention that the remaining parts, so far as possible and reasOltable,
shall be effective and fully operative. The Executor or trustee may seek and obtain court instru4tions
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.
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G. Headings. All headings used in this Will to describe the contents of each a~cle,
paragraph, or other division are provided for convenience only and shall not be construed to be ~ part
of this Will.
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H. Governing Law. This Will shall be construed in conformity with the law of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will ~nd
Testament, consisting of fourteen (14) typewritten pages, the fir~irteen (13) of which bear/my
signature in the margin for the purpose of identification, this -/....2.-!- day of June, 2002. !
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Signed, sealed, published and declared by the above-named Testatrix, MARIAN M. MURRAY,
as and for her Last Will and Testament, in the sight and presence of us, who, at her request, in her sight
and presence and in the sight and presence of each other, have hereunto subscribed our nam~s as
witnesses.
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COMMONWEALTH OF PENNSYLVANIA )
: SS:
COUNTY OF CUMBERLAND )
I, MARIAN M. MURRAY, THE TESTATRIX, WHOSE NAME IS SIGNED TO $IE
FOREGOING INSTRUMENT, HAVING BEEN DULY QUALIFIED ACCORDING TO LAW, 1D0
HEREBY ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRUMENT AS MY L~T
WILL AND TESTAMENT; THAT I SIGNED IT WILLINGLY; AND THAT I SIGNED IT AS MY F E
AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED. ;
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SWORN OR AFFIRMED TO ~ ACKNOWLEDGED BEFORE ME BY, MARIANI M.
MURRAY, THE TESTATRIX, THIS ~ DAY OF JUNE, 2002. I
N '81 Seal
MODica D. ~r. Notary Public
Camp Hill Boro. Cumberland County
My Commis.lon Expires Jan. 14. 2006
Mernbel', Pennsylvania AllOCIatIOnol NOIII1tS
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MARIAN M. MURRAY, Testatrix I
U~f- I
Notary JUbliC
COMMONWEALTH OF PENNSYLVANIA )
: SS:
COUNTY OF CUMBERLAND )
WE, tJ./97d~ t3se11.iJClAJaID ~ H--CD1 ,
THE WITNESSES WHOSE NAMES ARE SIGNED TO THE FOREGOING INSTRUMENT, B ING
DULY QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT }AND
SAW THE AFORESAID TESTATRIX SIGN AND EXECUTE THE INSTRUMENT AS HER LAST WILL
AND TESTAMENT; THAT SHE SIGNED WILLINGLY AND THAT SHE EXECUTED IT AS HERIfREE
AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED; THAT EACH OF US IN THE
HEARING AND SIGHT OF THE TESTATRIX SIGNED THE WILL AS WITNESSES; AND THA1T TO
THE BEST OF OUR KNOWLEDGE THE TESTATRIX WAS AT THE TIME EIGHTEEN (18) ORMDRE
YEARS OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE INFLUENdE.
ft-
SWORN OR AFFIRMED TO AND SUBSCRIBED TO BEFORE ME, THIS n DAY OF
JUNE, 2002.
NolariaI Seal
MODica D. Zercher. Notary Public
Camp Hill IWro. Cumberland CountY
My Commls.ion Bxpire. Jan. 14. 1006
Mernbel'. pennsylv8nlaA8lOCl8tlMotNotal1el
ss ;U ~
NOTARY!UBLIC
W
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