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FIRST AND PARTIAL ACCOUNT
OF JOHN M. EAKIN, TRUSTEE
UNDER THE WILL OF MARIE J.
SMITH, LATE OF LOWER ALLEN
TOWNSHIP, CUMBERLAND COUNTY,
PENNSYLVANIA, DECEASED.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE No.1} - 710 '- fc3'6
DR.
The Accountant charges himself as follows:
PRINCIPAL ACCOUNT
Assets distributed to JOHN M. EAKIN, Trustee, from the
estate of Marie J. Smith, under decedent's Will on January 8,
1980.
Sixty Food Fair Development 6% Bonds
of June 15, 1984 @ $725.00
U.S. Series "E" Bonds as per account
U.S. Treasury Notes, Series 1980
Certificate of Deposit No. 4040
First Bank & Trust Company of
Mechanicsburg, Fa.
Certificate of Deposit No. 5283
First Bank & Trust Company of
Mechanicsburg, Pa.
Certificate of Deposit No.
Cumberland Valley Savings
Certificate of Deposit No.
Carlisle Building & Loan
Certificate of Deposit No.
Commonwealth National Bank
Cash
$ 43,500.00
5,749.18
30,000.00
10,000.00
6693258
ri Loan
3059
60,000.00
15,000.00
3126
15,000.00
15,000.00
193,017.83
Total
$387,267.01
INCOME ACCOUNT
From January 8, 1980 through June 30, 1984.
Interest earned on Savings Account
Interest earned on Certificates of
Deposit
Interest earned on Corporate Bonds
Interest earned on US Obligations
Gains on sales of Securities
$ 2,355.62
Total
169,049.54
2,700.00
3,512.50
26,114.23
$203,731.89
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The Accountant claims the following credits:
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Contributions to schools and organizations in accordance
with the purpose for which the Trust was established, as follows:
Thadeus Stevens Trade School
College of Southern Idaho
The Way International
Dickinson College School of Law
York College of Pennsylvania
Albright College
Gettysburg College
Mechanicsburg Senior Adult Center
Johnson & Wales College
Lebanon Valley College
Franklin & Marshall College
WITF Public Television
Christian Record Braille Foundation,
Slippery Rock State College
University of Pennsylvania Law School
University of Centr~l Arkansas
Temple University School of Law
West Chester State College
Lafayette College
Bloomsburg State College
McCurdy School
Toccoa Falls Institute
Pennsylvania State University
Messiah College
Mental Health Association of York County
Eastern Mennonite College
Millersville State College
Juniata College
Drexel University
Trustee Fees
Costs of Administration
Federal Excise Taxes
Total
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$ 8,000.00
11,000.00
500.00
24,505000
15,882.00
41,139.50
22,000.00
1,000.00
5,805000
3,000.00
37,500.00
450.00
Inc. 200.00
28,437.00
17,500.00
17,040.00
964.00
10,743.00
15,980.00
9,942.50
5,200.00
9,484.00
2,000.00
3,700.00
500.00
7,500.00
6,500.00
1,450.00
6,500.00
$323,098.00
$ 19,736.86
2,520.20
3,671.00
$349,026.06
.
RECAPITULATION
PRINCIPAL ACCOUNT:
Corporate Bonds
U.S. Obligations
Certificates of Deposit
Cash
$ 43,500.00
35,749.18
115,000.00
193,017.83
$387,267.01
INCOME ACCOUNT: 203,731.89
Gross Trust Account $590,998.90
Less Expenditures $349,026.06
Trust Account Balance to be
Distributed on June 30, 1984 $241,972.84
COMMONWEALTH OF PENNSYLVANIA )
) S S :
COUNTY OF CUMBERLAND )
I hereby certify that on this ~ day of L{ , 1984,
before me, the subscriber, a Notary Public in and f the said
Commonwealth and County, personally appeared JOHN M EAKIN, Trustee,
the above named accountant, who being duly sworn according to law,
deposes and says that the foregoing is a true and correct account of
all the rights, goods, chattels and credits which came into the hands
or possession of JOHN M. EAKIN, Trustee, as aforesaid, or into the
hands or possession of any other person or persons for it.
Sworn and subscribed to
before me this 3!td day
o fO! (r.:rl . 1984.
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~2Lfli/JL/rJ . ( Jit,
Notary Public
My Commission Expires: 1.7-86 -3-
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LAST WILL AND rl'lr~srl'^Mi';NT (IF Mi\li.IE tJ. ~3MTTH
---
I, MARIE J. SMITH, of the 'l'uwn:3hip of East Pennsboro, County
of Cumberland and ~)ta te of Penn~)ylv::lfliC1, be ing of sound and dis-
posing mind, memory and uncier;,;tanding, do make, publish and declare
this my Last Will and Testament, hereby revoking and making void
any and all prior Wills by me at any time heretofore made.
1.
..
I direct the payment of all my just debts and funeral expenses
a~ soon after my decease as the same can conveniently be done.
2.
I give and bequeath the f;urn of Thrc)c Thou.:'ia nd (~t3, 000.00)
Dollars to each of the nieces and nephews of my deceased husband,
Harry James Smith, who survive me but if any should predecease me,
the gift shall lapse.
3 .
I give and bequeath the sum of Four Thousand ($4,000.00)
Dollars to my friend, Ed Walters, of R. D. #1, Mechanicsburg,
Pennsylvania.
4.
I give and bequeath the sum of One Thousand ($1,000.00) Dollars
to Gary Walters, son of Ed Walter:.:>, of R. D. 111, Mechanicsburg,
Penn;c;ylvan ia.
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I give and bequeath the :,mil of '['VJO Thou::;and (4i2, 000.00) Dollars
to my friend, Everett Potter, DC Carl:i::,le Pike, Camp Hill, Penn-
:3ylvania.
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6.
I give and bequeath the sum of One Thousand ($1,000.00) Dollars '
to ~y friend, Warren Wjlson, of 244 Creek Road, Camp Hill, Penn-
sylvania.
7.
I give and bequeath the sum of Five Thousand ($5,000.00)
Dollars to my friend, John Michael Eakin, of Mechanicsburg,
..
Pennsylvania.
8.
I give and bequeath the sum of One Thousand ($1,000.00) Dollars
to the Columban Fathers, of St. Columban, Nebra~ka.
9.
All the rest} re~=idl)e and remainder of my estate, real, per-
sonal and mixed and wheresoever situate, I direct shall be paid
to John M. Eakin, in trust, nevertheless, to pay so much of the
;
income for the maintenance of my aunt, Gertrude Toot, for her life,
as my Trustee shall in his sole discretion deem necessary to pro-
vide her with a comfortable living. Upon the death of my aunt or
in the event she should predecease me, the trust shall cease and
determine and the Trustee shall distribute the net residue including
all accumulated interest to such qualified charities under the
Federal Esta te Tax IJ(lw a s he may de ;;igna te . It is my intent ion
that my Trw;t,ee sha1) have :;01c cli;;cretLon in designating said
charities and dcd.;c;rrninr; UI(! :llTlfJIJlIL tel 1)(. di :',tribut,ed to each. If,
in his sole discretion he deems it appropriate, the distribution
may be extended for a period up tel two years following the termi-
nation of the tru;,t or the date the First and Final Account of my
Executor is confirmed by the Court, wrL:.chever h, later and during
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that period the Trustee shall invest and reinvest the undistributed
principal of my estate. Under no circumstances can any funds be
distributed to any charity wl, teh is di~Jqualifiod for the charitable
contribut, ion under th,' Fodera 1 1';:~t,:J to Tax Law.
10.
My Trustee shall have sole discretion in the investment of
the corpus of my estate and may retain such investments as he
elects reservinf;' the riGht to change investments at will, provided
however, that nothing shall be done which will disqualify the
residue of my estate for the charitable deductions permitted by
the Federal Estate Tax Law.
11.
I name, constitute and appoint John M. Eakin to be the Executor
of this my Last Will and Testament and direct that as Executor he
will immediately convey and set aside to the aforementioned trust
sufficient assets to provide for the support of my aunt should
she survive me.
I have hereunto set my hand and seal
IN WITNESS WHEREOF
,
(-~ (,1/1
, 1973.
this
day of
(SEAL)
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FIRST CODICIL TO LAST WILL AND TESTAMENT OF MARIE J. SMITH
I, MARIE <T. SJVl]TlI, uf the Town;;hip of Lower Allen, Count.y of
Cumberland and State of Pennsylvania, being of sound and disposing
mind, memory and understanding, do make, publish and declare this
the First Codicil to my Last Will and Testament dated May 21, 1973.
1.
I revoke tg,e bequest contained in Paragraph 6 of my Will in
the amount of One Thousand ($1,000.00) Dollars to Warren Wilson.
2.
I amend Paragraph 9 of said Will in which distribution of the
net residue of my estate to charities desienated by my Executor
is directed to be made within two years following the termination
of the trust or the date on whi.ch the First and Final Account is
confirmed; I hereby direct my Executor, following the termination
of the trust or the date the First and Final Account is confirmed
by the Court, whichever is \ater, to hold the balance for distri-
bution in trust ~;ubject to thc:! f ]lowin[\ prnvL3ion:",:
(a) The net re~:;iduc, ;iha]l b(; d:i:;trjbut(~d to :;llch
qualified charities under the Federal E~~tate Tax law
as he may designate over a period of ten years re-
serv~ng to the trustee the right to determine the
proportionate share of said residue together with
income accumulated thereon which shall be paid to
said charities in each year.
(b) My trustee is authorized to accept and hold in
kind any asset of my estate and shall have the right
to distribute such asset ln kind to a designated
charity if in his sole discretion he deems it
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advisable to do so.
(c) My trustee shall have full power to convert
assets to cash at any time and to change investments
when in his sole di~,;cretion lt is in the best interest
of my estate to do .so.
(d) My trustee shall be compensated at the usual
rate as trustees and in addition, any expenses incident
to determining appropriate beneficiaries shall be paid
from th~ residue of said estate.
(e) Nothing to the contrary withstanding, I direct
my trustee to file the Final Account of his admini-
stration of said trust within ten years from the date
the assets are distributed to him following the termina-
tion of the trust in favor of Gertrude Toot or from
the date of the confirmation of the First and Final
Account of the Executor, whichever is later.
(f) In the event the trustee dies or is unable
to perform the duties of the trustee for any reason,
I direct that John Michael Eakin shall serve as
trustee in his place and stead and shall have all the
rights as trustee under ihis Will.
3.
All prov1~3ion;3 of my ::,a ld Will not amended by this Codicil.
shall remain in full force and effect.
IN WITNES;-) WUf-;l1EUF, 1 ha ve hereunt~o ~3et my hand and ~3ea 1 this
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Marie Jj Smith
(SEAL)
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