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Home My WebLink About12-30-05 Last Will of JOHN H. TROUT 1, JOHN H. TROUT, the Testator, a resident of Cumberland County, Pennsylvania, declare that this is my Last Will. I hereby revoke all my previous wills and codicils. Article One Introductory Provisions Section 1. Marital Status I am currently married to ELISABETH J. TROUT, and all references to my Spouse in this will are to ELISABETH J. TROUT. Section 2. Children All references to "my children", subject to the exclusion of any child under subsequent provisions of this Section 2, are to all of the children so identified in this Section 2, but only to those children and any children born to or adopted by me subsequent to the execution of this, my Last Will. 3. My Children The names and birth dates of my children are: Name Birth Date NANCY OZSOGOMONIAN LINDA HADCOCK ROBERT TROUT February 21, 1943 October 16, 1945 August 7, 1947 Linda M. Hadcock ... 2611 Brian Drive. Parma, OH 44134 Home Phone 440-884-2639 . Email wghlmh@sbcglobal.net December 7, 2005 Ms. Glenda Farner Strasbaugh Registrar of Wills Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Dear Ms. Farner-Strasbaugh: Enclosed is the original Will and Testament of John H. Trout. I understand that after reviewing the Will, you will send forms to the Cuyahoga County Court for me to sign. Would you please ask them to call me at 440-884-2639 to let me know when those forms are ready for my signature? Thank you very much for your assistance in this matter. Very truly yours, ~ (/1~~ 7?J. ~~,L Linda M. Hadcock Enclosure cc: Cheryl Baker, Certified Paralegal Article Two Appointment of My Personal Representatives Section 1. Nomination of My Personal Representatives I appoint the followIng to be my Personal Representative(s) in the order of priority in which their names appear: LINDA HADCOCK AND ROBERT TROUT, ACTn-rG JOINTLY OR INDIVIDUALLY If, for any reason, the Personal Representative(s) named above are unable or unwilling to serve, the next successor Personal Representative(s) shall serve in the order of priority listed until the list has been exhausted. Unless otherwise specified, if Co-Personal Representatives are serving, the next named successor Personal Representative shall serve only after all of the Co-Personal Representatives cease to act as Personal Representatives. Section 2. Waiver of Bond No bond or undertaking shall be required of any Personal Representative nominated in this Last Will. Section 3. General Powers My Personal Representative shall have full authority to administer my estate under the laws ofthe Commonwealth of Pennsylvania relating to the powers of fiduciaries. My Personal Representative shall have the power to administer my estate under the Pennsylvania Probate, Estates and Fiduciaries Code. Article Three Disposition of My Property Section 1. Estate Planning Letter or Memorandum To the extent permitted by state law and not necessary to fully utilize my Unused Applicable Credit Equivalent, my Personal Representative shall distribute such of my personal or household items to such persons as I may direct by a written instrument signed by me and delivered to my Personal Representative. Section 2. Distribution to My Revocable Living Trust I give all the rest, residue and remainder of my property of whatever nature and kind and wherever located to the then acting Trustee(s) of my revocable living trust of which I am a Trustor known as the: JOHN H. TROUT AND ELISABETH 1. TROUT LIVING TRUST, Dated June 3, 1996, and any amendments thereto. I executed said revocable living trust prior to the execution of this Last Will. Section 3. Alternate Disposition If my revocable living trust is not in effect for any reason, I give all of my property to my Personal Representative under this will as Trustee who shall hold, administer and distribute my property as a testamentary trust the provisions of which are identical to those of my revocable living trust on the date of execution of this Last Will, or as thereafter amended. Article Four Death Taxes Section 1. Definition of Death Taxes The term "death taxes," as used in this will, shall mean all inheritance, estate, succession, and other similar taxes that are payable by any person on account of that person's interest in the estate of the decedent or by reason of the decedent's death, including penalties and interest, but excluding the following: a. Any additional to the federal estate tax for any "excess retirement accumulation" under Internal Revenue Code Section 4980A. b. Any additional tax that may be assessed under Internal Revenue Code Section 2032A or 2057; and c. Any federal or state tax imposed on a Generation Skipping Transfer, as that term is defined in the federal tax laws, unless the applicable tax statutes provide that the Generation Skipping Transfer Tax is payable directly out of the assets of my gross estate. Section 2. Payment of Death Taxes Pursuant to the terms of my revocable living trust, all death taxes whether or not attributable to property inventoried in my probate estate shall be paid by the Trustee from my Trust. However, if my Trust does not exist at the time of my death or if the assets of my Trust are insufficient to pay the death taxes in full, I direct my Personal Representative to pay any death taxes that cannot be paid by my Trustee from the assets of my probate estate by equitably prorating and apportioning those taxes among the beneficiaries of this will. Unless specifically provided othenvise in my Trust, all death taxes incurred by reason of assets being transferred outside of my Trust or probate estate shall be assessed against those persons receiving such property. Section 3. Waiver of Right of Reimbursement Under Code Section 2207A I hereby waive my estate's right of reimbursement under Code Section 2207 A. Article Five General Provisions Section 1. No Contest Clause If any person or entity singularly or in conjunction with any other person or entity, directly or indirectly, contests in any court the validity of this Last Will including any codicils thereto, then the right of that person or entity to take any interest in my estate shall cease and the demise of that person (and his or her descendants) or entity shall be deemed to have occurred prior to mine. Section 2. Captions The captions of Articles, Sections and Paragraphs used in this Last Will are for convenience of reference only and shall have no significance in the construction or interpretation of this Last Will. Section 3. Severability Should any of the provisions of this Last Will be for any reason declared invalid, such invalidity shall not affect any of the other provisions of this will and all invalid provisions shall be wholly disregarded in interpreting this Last Will. Section 4. Governing Law This Last Will shall be construed, regulated and governed by and in accordance with the laws of the Commonwealth of Pennsylvania. I signed this, my Last Will, on MA y 2 0 2003 ~ If -::r~ JOH(f' TROUT ATTESTATION CLAUSE MA Y 2 0 2003 On this EOOZ 0 l A V~ _, JOHN H. TROUT, Testator, personally Published and Declared the foregoing instrument, as and for his Last Will and Testament, in the presence of each of us and all of us together, who, at his request, in his presence, and in the presence of each other, also signed the said instrument as witnesses. We further state that each of us believes that at the time he executed the foregoing instrument he was of sound mind and memory, of lawful age, and did so execute it as his own free act and deed and not under the constraint or undue influence of any person. (J) Wi X tilL Witne'1t t~( knlo:ft ~t;y.z Street Address J-IUj~JYle./Jf{)Wtl PH /103(, City, State, Zip J :i::.:f(. /1t0J6 W' ness /~ rjr;:(~ /Jf,ddh~dif),o'I~ ~ttC~ Street Address iLll11m~_fsh/~"r, ~~ 1115!c, City, State, Zip ~ rn lP ;r:O ~~ ~~ ~a> ..." 0 o '" '" ..... ....l o .... w .... ~) u) t\l W l \l1 \1) n o () N - - - - - :::: .. - - - - .. - - ;:: - =- - - ::. - - =- - - 6~rn ~~~~ '?~ o~()G> Ol"",C- ~ \.1 3 ro _.0 ~ (/)cO"o. 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