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HomeMy WebLinkAbout01-09-06 Register of Wills of CUMBERLAND County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of FREDERICK H. McDONELL Deceased No. J t- D(g- bbr# Social Security No. 023-05-8042 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE "A" OR "B" BELOW:) A. Probate and Grant of Letters and aver that Petitioner is the alternate Executor named in the Last Will of the Decedent, dated Auaust 22. 1997 Marie B. McDonell. the appointed Executrix. renounced. 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 offered for probate; was not to victim of a killing and was never adjudicated incompetent: B. Grant of Letters of Administration (d.b.n.c.t.a.: pendente lite; durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: Relationshi p Residen -~ ~- '" ~.':.) Name -:5 .-.01 k .-- ..... r';~i COMPLETE IN ALL CASES:) Attach additional sheets if necessary. W 01 Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence at Country Meadows. 4905 East Trindle Road. Hampden Township (List street, number and municipality) Decedent, then 92 years of age, died October 21 . 2005 (Location) at Holv Spirit Hospital Decedent 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....................................................$ Value of real estate in Pennsylvania ......................................................................................................................$ T otal......................................................................................................... $ 200.000.00 None 200.000.00 Real Estate situated as follows: Wherefore, Petitioners respectfully request the probate of the last Will presented with this Petition and the grant of letters in the appropriate form to the undersigned: \; SiQnature Typed or printed name and residence 'ut. '!."f')\t- ~ PNC Bank, N.A. ~~() Linda J. Lundberg, Asst. Vice President 4242 Carlisle Pike, P. O. Box 308 Camp Hill, PA 17001-0308 [)[:r""'('-': C :-'; -:"r"\_'~ r" I () , IL..'.j,,-j! :~./~:.-i ! ,i;.-f.:!i ~ (lC ',' (. -... ...... '..'1 r ' Oath of Personal Representative 2'J')I" J ~ 'J lua fir -9 PH 12: 36 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 Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to and affirmed and subscribed PNC BANK, N.A. O'f"L -I- day of BY~~~ Linda J. Lundberg, Asst. Vi President Before me this No. Estate of FREDERICK H. McDONELL , Deceased. Social Security No: 023-05-8042 Date of Death: October 21. 2005 AND NOW, ,2006, in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary d.b.n.c.t.a.; pendente lite; durante absentia; durante mlnorltate are hereby granted to PNC BANK. N.A. in the above estate and that the instrument(s) dated Auaust 22. 1997 described in the Petition be admitted to probate and filed of record as the last Will of the Decedent. Letters........................... $ Short Certificate(s) L( $ Renunciation........l.... $ Affidavit ().................. $ Extra Pages ()....... $ Codicil............................ $ JCP Fee....................... $ Inventory...................... $ Other.......Jt.\dJ........... $ TOT AL......... $ J I D .00 fto.()O ~. 0 () ~h~1tV ~f.ra.skay~ ~/I (JJJ(./h A ~ p.-~ Re ster of Wills tI' FEES /0.00 ~. OD /5'0 b '- '; ~ {. 0 U Attorney: ~Jj?::r/F- I.D. No: 20558 Address: Johnson. Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemovne. PA 17043- Telephone: 717-761-4540 Register of Wills of Cumberland County, Pennsylvania RENUNCIATION No. ;) J- 6 (P-()O~;)'-- IN RE: Estate of FREDERICK H. McDONELL , Deceased The undersigned. MARIE B. McDONELL. wife and appointed Executrix under the Last Will and Testament of the above-named decedent, hereby renounces the right to administer the estate and respectfully requests that Letters Testamentary be issued to PNC BANK.. N.A.. the appointed alternate Executor. WITNESS my hand this ~daYOf IJ~ ,2005. ~~6A)r~Y5"-7 MARIE B. McDONELL Country Meadows 4905 E. Toodle Road, Suite 56 Mechanicsburg, P A 170455-3648 Sworn to and Subscribed before me this tf f! day of November, 2005. c!JmnJjl~~J, Not Public Notarial Seal Kristee K. Myers, Notary Public Lemoyne Boro, Cumberland County My Commission Expires Dec. 2, 2006 Member. Pennsylvania Association Of Notaries 9 S :(~I Hd 6- i:Vr SOOl 099999-OOOOS/Aprill0, 1997/HAJ/PAR/62002-(3) 111&.61 mill Clttb Q[t51attttnl OF FREDERICK H. MCDONELL .,.;-'"" I, FREDERICK H. MCDONELL, Hampden Township, Cumberland County, Pennsylvania, declare this to be my Last Will and revoke any Will previously made by me. ITEM I: DEBTS. 1.1. I direct that all my debts and funeral expenses, including my gravemarker, and all expenses of my last illness that my estate is obligated to pay shall be paid from my residuary estate as a part of the expense of the administration of my estate. ITEM ll: TANGmLE PERSONAL PROPERTY. 2.1. I may leave a written list in my safe deposit box or elsewhere disposing of certain items of my tangible personal property. 'The' Executor shall dispose of items of my personal property as specified in the written list. If no writtel1list is found in my safe deposit box or elsewhere and properly identified by the Executor within thirty (30) days after the probate of my Will, it shall be presumed that there is no other statement or list. Any subsequent discovered list shall be ignored. I give and bequeath my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing . ,., '-"'" ...,~ :...+'t........f.~ '''~ ,- ,] ,-' :, --: .:- ---~~ $ '11 " -~ , ., ...~.c \'J . ~! (~) (.;', -, ",- . , , 099999-OOOOSIAprill0, 1997/HAJIPAR/62002-(3) apparel and all other articles of household or personal use or adornment not mentioned in the written list, and all policies of insurance thereon, to my wife, MARIE B. MCDONELL. ITEM m: MARITAL DEDUCTION TRUST: 3.1. If my wife, MARIE B. MCDONELL, survives me (and I direct that for purposes of this Item of my Will she shall be deemed to have survived me unless it appears unmistakably that she predeceased me), and if the federal estate tax due because of my death will be reduced by making this gift for her benefit, I give, devise and bequeath to my, Trustee hereinafter named, IN TRUST, the least amount (based upon values as finally determined for federal estate tax purposes) as shall be needed for the federal estate tax unlimited marital deduction to reduce the federal estate tax to the lowest possible figure after full use of all other deductions and credits allowable in calculating the federal estate tax. However, the state death tax credit shall only be taken into account to the extent that it does not increase the amount of tax payable to any state. Accordingly, I direct that: 1. If the marital deduction, or any other similar benefit, is allowable with respect to any property, including property held by entireties, which my wife, MARIE B. MCDONELL, has received prior to my death or at my death will receive otherwise than pursuant to this Item Ill, the value of such property shall be taken into consideration in calculating the size of the gift under this Item ill. - 2- 099999-OOOOS/Aprill0, 1997/HAJIPAR/62002-(3) , i 2. No property ineligible for the marital deduction, or any similar benefits, shall be distributed to this gift for my wife, MARIE B. MCDONELL, pursuant to this Item ITI. 3. Either cash or investments or both may be allocated to any gift under this Item m. 4. Any property allocated under this Item ITI in kind shall be valued at the value which it is finally included in my gross estate for federal estate tax purposes, provided that the aggregate market value thereof on the date of allocation (plus the value as finally determined for federal estate tax purposes of all other property qualifying for the marital deduction) is at least equal to the dollar value of the marital deduction as finally determined for federal estate tax purposes. 5. My wife, MARIE B. MCDONELL, shall be paid the entire income from the principal in such periodic installments as the Trustees shall find convenient, but at least as often as quarter-annually or else applied directly for her benefit by the Trustee. Income that accrues between the date of the last distribution to MARIE B. MCDONELL and the date of her death shall be distributed to her estate. 6. My wife, MARIE B. MCDONELL, is hereby given a power to appoint by Will to her estate or to others, in such manner and for such estates as she may appoint, exercisable only by specific reference by her alone and in all events over the assets of this Trust. - 3 - 099999-OOOOSIAprill0, 1997/HAJIPAR/62002-(3) 7. As much of the principal of this Trust as the Trustee may from time to time think advisable for the support of my wife, MARIE B. MCDONELL, or during illness or emergency shall be either paid to her or else applied directly for her benefit by the Trustee. 8. In addition to the above provisions, my wife, MARIE B. MCDONELL, shall have the power to withdraw such amounts from principal as she shall desire from time to time including the entire exhaustion of principal. 9. If my wife, MARIE B. MCDONELL, shall fail, either wholly or in part, to exercise effectively the power of appointment created in Paragraph 3.0.F of this ITEM ill, the unappointed principal shall be added to and thereafter treated as part of the principal of my residuary estate passing under ITEM IV hereof, provided that unless my wife directs otherwise in her Will, the Trustee shall first deduct and pay to the personal representative of my wife's estate an amount certified by my personal representative to equal the additional death taxes and administration expenses which would not have been payable from her estate if the value of the remaining principal of the Marital Deduction Trust had not been included in her estate. 10. If any provision of my Will shall result in depriving my estate of the marital deduction for federal estate tax purposes, such provision is hereby revoked and my Will shall be read as if any portion thereof inconsistent with allowance of the marital deduction for federal estate tax purposes is null and void. - 4 - 099999-OOOOS/Aprill0, 1997/HAJIPAR/62002-(3) 11. I direct that this Marital Deduction Trust shall be preferred over all other legacies and devises. ITEM IV. CREDIT BY-PASS TRUST: 4.1. I give, devise and bequeath all the rest, residue and remainder of my estate to my Trustee hereinafter named, IN TRUST, for the following uses and purposes: 1. To pay the net income therefrom at least as often as quarter-annually to my wife, MARIE B. MCDONELL, for and during her lifetime. 2. As much of the principal of this Trust as my Trustee, in its sole discretion may from time to time think advisable for my wife's support in her accustomed manner of living shall be either paid to her or else applied directly for her benefit by my Trustee after taking into account her other available assets and sources of income. Insofar as practical no principal of this Trust shall be paid to my wife, MARIE B. MCDONELL, or applied for her benefit as long as any principal remains in the Marital Deduction Trust created in ITEM III. 3. My Trustee may apply the net income of this Trust for the support of my wife, MARIE B. MCDONELL, should she by reason of age, illness or any other cause in the opinion of my Trustee be incapable of dispersing it. - 5 - 099999-OOOOSIAprill0, 1997/HAJIPARl62002-(3) 4. Upon the death of my wife, MARIE B. MCDONELL, the Trustee shall distribute all of the principal and income of the Trust to the following: A. Ten Thousand Dollars ($10,000.00) to each of the following: my grandniece, SANDRA MCBETH, my paA4niece, DENISE MCBETH, my grandnephew, DONALD ANDREW MCBETH, and my grandnephew, CRAIG MCBETH. ~CVL B. Five Thousand Dollars ($5,000.00) to the OAK IHLI; CEMETERY ASSOCIATION OF GARDINER, Maine, to be used for improvement and maintenance of said cemetery. C. Ten Thousand Dollars ($10,000.00) to the FOUNDATION FOR GLAUCOMA RESEARCH, 490 Post Street, Suite 1042, San Francisco, California, 94102. D. Balance to my nephew, DONALD F. MCBETH, provided that should he fail to survive my wife, MARIE B. MCDONELL, said balance shall be distributed to Donald's wife, LYNN MCBETH. If neither DONALD F. MCBETH nor LYNN MCBETH survives MARIE B. MCDONELL said balance shall be distributed to their issue, per stirpes. - 6 - 099999-OOOO5/Apri110, 1997/HAJIPAR/62002-(3) ITEM V. WIFE FAILS TO SURVIVE. 5.1. If my wife, MARIE B. MCDONELL, fails to survive me, all the rest, residue and remainder of my estate I give, devise and bequeath as follows: 1. Ten Thousand Dollars ($10,000.00) to each of the following: my grandniece, SANDRA MCBEm, my grandniece, DENISE MCBEm, my grandnephew, DONALD ANDREW MCBEm, and my grandnephew, CRAIG MCBEm. 2. Five Thousand Dollars ($5,000.00) to the OAK lULL CEMETERY ASSOCIATION OF GARDINER, Maine, to be used for improvement and maintenance of said cemetery. 3. Ten Thousand Dollars ($10,000.00) to the FOUNDATION FOR GLAUCOMA RESEARCH, 490 Post Street, Suite 1042, San Francisco, California, 94102. 4. Balance to my nephew, DONALD F. MCBEm, provided that should he fail to survive me, said balance shall go to Donald's wife, LYNN MCBEm. If neither DONALD F. MCBEm nor LYNN MCBEm survives my wife, MARIE B. MCDONELL, said balance shall go to their issue, per stirpes. - 7 - 099999-OOOOS/Aprill0, 1997/HAJIPAR/62002-(3) ITEM VI: PAYMENT OF DEAm TAXES. 6.1. All federal, state and other taxes payable because of my death, with respect to property forming my gross estate for tax purposes, whether or not passing under this Will, including any interest or penalty imposed in connection with such tax shall be considered a part of the expense of the administration of my estate and shall be paid from that part of my residuary estate passing pursuant to ITEM IV or ITEM V hereof without apportionment or right of reimbursement. All such taxes on present or future interest shall be paid at such time or times as my personal representative may think proper, regardless of whether such taxes are then due. I further direct that any and all such taxes shall be paid from and deducted from my residuary estate prior to the calculation of the shares of the residuary beneficiaries, so that each residuary beneficiary, charitable or not, shall bear a portion of the burden of such taxes. ITEM VB: ELECTIONS. 7.1. My Executor shall have full power to exercise, in Executor's sole and absolute discretion, any elections provided by the Internal Revenue Code, other statutes and regulations, state and federal, relating to the administration of my estate, including but not limited to the following: 1. To join with my wife or her personal representative in the filing of a joint income tax return for any period for which such a return may be permitted, without requiring her or her estate to indemnify my estate against liability for the tax attributable to her income, and to consent for federal gift tax purposes to - 8 - 099999-OOOOSIAprill0, 1997/HAJIPAR/62002-(3) having gifts made by my wife during my lifetime treated as having been made one- half of my wife and one-half by me. 2. To make the election described in Section 2056(b )(7) of the code in respect to all qualified terminable interest property (or any specific portion thereot) includible in my gross estate to such extent as my Executor shall deem to be in the best interests of my estate and beneficiaries thereof, and any determination made in good faith by my Executor to make or not to make such election shall be binding and conclusive upon each person having any interest in my estate and shall not be subject to question or exception in any manner or proceeding whatsoever or by any person whomsoever. 3. To make the allocation of the GST exemption allowed to an individual pursuant to Section 2631(a) of the code in such manner as my Executor shall deem to be in the best interests of my estate and beneficiaries thereof, any determination made in good faith by my Executor with resPeCt to such allocation shall be binding and conclusive upon each person having an interest in my estate and shall not be subject to question or exception in any manner or proceeding whatsoever or by any person whomsoever. 4. To choose the alternate valuation date for federal estate tax purposes, without regard to whether the size of any marital deduction shall will be increased or decreased thereby, without requiring reimbursement. - 9 - 099999-OOOOS/Aprill0, 1997/HAJIPAR/62002-(3) ITEM vm: MISCELLANEOUS. 8.1. Nonlll~nAtion. The income and principal of any Trust or fund as shall or may become distributable to any person (whether the interest of such person be present or future, vested or contingent, direct or indirect) in accordance with the provisions of this Will shall not, until the actual distribution thereof to the person entitled thereto, be subject to the debts, obligations, liabilities or engagements of such person, or to execution, attachment or other judicial process of whatsoever character and howsoever termed, or be assignable voluntarily, involuntarily or by operation of law or otherwise howsoever and the distribution thereof shall not be anticipated. Nothing in this Section shall be construed or deemed to curtail to any extent any power of appointment provided for in this Will or any power, authority or discretion given to or vested in the Trustee by the provisions of this Will or by law to make distribution and expenditure of income and principal of any Trust or fund in accordance with the provisions of this Will. 8.2. Distributions for Minors. Where under the provisions of this Will the Executor or Trustee is authorized to distribute or expend the income or principal of any Trust or fund to, or for the benefit of, a person who is a minor, they may distribute such income or principal directly to such minor, to the person having custody of him or her, to the guardian of his or her estate, to the guardian of his or her person or to a custodian for such minor under any applicable Uniform Gifts (or Transfers) to Minors Act, whether previously appointed or appointed by them for the purpose of receiving such distribution, all without liability on the part of them to see to the application thereof and without required bond or surety. - 10 - 099999-OOOO5/Aprill0, 1997/HAJIPAR/62002-(3) 8.3. Corporate Distributions. Corporate distributions received in shares of the distributing corporation shall be allocated to principal, regardless of the number of shares and however described or designated by the distributing corporation. 8.4. Di~laimer . If my wife or the personal representative of my wife disclaims in whole or in part any property or interest therein otherwise distributable pursuant to 3.0 such property or interest so disclaimed shall be distributed to the Trust created by 4.0 hereof to become and be a part of the Trust estate thereof. Unless the disclaimer by my wife or the personal representative of my wife, as the case may be, shall specifically provide otherwise, such disclaimer shall not affect any of the provisions of the said Trust relating to my wife. 8.5. Death Taxes. Unless the context shall clearly indicate otherwise, "Death Taxes" shall mean (i) all federal estate taxes and all local, state and foreign estate, inheritance, transfer, legacy, succession and similar taxes which by reason of my death may be properly imposed upon, applicable to or payable with respect to any property or interest in property which may be included as part of my estate for the purposes of such taxes, or anyone or more of them, including any property that may not be a part of my estate for administration purposes, and (ii) all generation-skipping taxes (if any) payable at my death with respect to all transfers of property constituting direct skips (as defined in Section 2612 (c) of the Code) of which I am the transferor other than a direct skip resulting from a disclaimer or to the extent that a generation-skipping tax exemption is claimed with respect thereto, and any interest and penalties thereon, but "Death Taxes" shall not include (i) any of such taxes attributable to (a) qualified terminable interest property in which I may have a qualifying income interest for life, (b) property over - 11 - 099999-OOOO5/Aprill0, 1997/HAJIPAR/62002-(3) which I may have a power of appointment, which power was given by someone other than me, or (c) property not included in my estate for administration purposes and with respect to which a governing instrument directs the fiduciary or other legal owner thereof to pay from such property a share or portion of such taxes or (ii) any generation-skipping tax except as otherwise specifically provided herein, or any interest or penalties on any of the same. 8.6. Accumulated Income. In the event any income of any Trust or fund created herein shall be accumulated, such income may (but need not) be separately accounted for in an accumulated income account. At any particular time with respect to each such Trust or fund, the Trustee's power to dispose of income under the provisions of this Will shall for all purposes include the power to dispose of any accumulated income then on hand. ITEM IX: POWERS OF FIDUCIARIES. 9.1. Aplllicability. The provisions of this ITEM shall be applicable (unless the context clearly requires otherwise) to the administration and management of my estate and each fiduciary account created under this Will, and the terms IlFiduciary" or "Fiduciaries" shall mean whichever of my Executor, Trustee or other fiduciaries, and the term "trust estate n shall mean whichever of my estate or such other fiduciary accounts the provisions of this Item are being applied to at the particular time. 9.2. Adminid:rRtive Powers of Fidu.-iary. In the administration and management of my estate and any fiduciary account created under this Will and in the - 12 - 099999"()()()()SIAprill0, 1997/HAlIPAR/62002-(3) management, investment and reinvestment of the Trust estate thereof, my Fiduciaries shall have and may exercise (subject to the provisions of 9.3. of this ITEM IX and to any other provision of this Will limiting or qualifying in any way any power, authority or discretion of my Fiduciaries) full power, authority and discretion without the necessity of obtaining the order of any court to do all acts, to execute, acknowledge and deliver all writings and to exercise for the benefit of all persons who may be or become beneficiaries under the provisions of this Will any and all powers, authorities and discretions given to or vested in such Fiduciaries by the provisions of this Will or by law. By way of illustration but not limitation, my Fiduciaries shall have and may exercise the following powers: 1. To retain property in the form and character in which the same shall be received; 2. To sell, convey, mortgage, lease for any term whatever, transfer, exchange and dispose of, either publicly or privately, the whole or any part of the Trust estate; 3. To grant options for such period as my Fiduciaries shall deem advisable for the sale, conveyance, lease, transfer, exchange or other disposition of the whole or any part of the Trust estate and to exercise any option at any time held as part of the Trust estate; 4. To invest and reinvest the whole or any part of the Trust estate in any kind of property, real, personal or mixed, or undivided or part interests therein, - 13 - 099999-OOOO5/Aprill0, 1997/HAJIPAR/62002-(3) including stocks, bonds, notes, securities, minerals and other natural resources, limited partnerships, common trust funds, interest bearing accounts and other property of whatsoever character, located in the United States or abroad, all statutory and other limitations as to the investment of funds, now or hereafter enacted or in force, being hereby waived and without obligation to diversify the same and without liability for any decline in the value thereof; 5. To purchase assets from my estate and to make loans to my Executor, all upon such terms and conditions and with or without security as the Trustee shall determine; 6. To hold, manage, develop and operate all residential and other real property held as part of the Trust estate, to release, partition, vacate or abandon any such property, to make improvements, thereto or thereon, to construct, demolish, alter, repair, rebuild, maintain and insure buildings and other improvements on any such property and to use other assets of the Trust estate for any of such purposes; 7. To compromise and settle claims; 8. To carry any property in the name of a nominee, including a clearing corporation or depository or in book entry form or unregistered or in such other form as will pass by delivery; - 14 - 099999-OOOOS/Aprill0. 1997/HAJIPAR/62002-(3) 9. To vote shares of stock, in person or by proxy, in favor of or against management and shareholder proposals and to join in or dissent from and oppose the reorganization, recapitalization, consolidation, merger, liquidation, or sale of corporations or properties; 10. To employ accountants, agents, attorneys, brokers, employees, investment counselors and other representatives (any of whom may but need not be a person, association or corporation acting as, or affiliated with a Fiduciary at the particular time) to perform any act of administration (whether or not discretionary), to act without independent investigation upon their recommendations and to determine and pay their compensation and expenses out of the Trust estate; 11. To distribute, without the necessity of filing a judicial accounting or obtaining judicial approval, the whole or any part of the Trust estate upon the receipt and release of the beneficiary entitled to receive such distribution, in which event my Fiduciaries shall be relieved of all further liability with respect to the property so distributed with like effect as if such distribution had been made pursuant to an order of court; 12. To borrow money from any person in such amounts and upon such terms as my Fiduciaries shall determine and to pledge all or any part of the assets of the Trust estate to secure such borrowing; - 15 - 099999-OOOOS/AprillO, 1997/HAJ/PAR/62002-(3) 13. To permit any beneficiary to occupy any real property forming part of the Trust estate without rent or upon such other terms and conditions as the Trustee or my Executor shall determine; 14. To organize or cause to be organized alone or in conjunction with others, one or more associations, corporations, partnerships or other organizations; 15. To continue any business, incorporated or unincorporated, in which I may have had an interest at the time of my death for such period, or to liquidate the same at such time and upon such terms, as my Fiduciaries may determine, to invest additional sums in any such business even to the extent that the Trust estate may be invested largely or entirely in such business, to act as, or select other persons, including any Fiduciary or any beneficiary hereunder to act as, directors, officers, employees of any such business, to pay compensation for so acting without regard to whether the person so acting is a Fiduciary or a beneficiary hereunder, and to make such other arrangements in respect thereof as my Fiduciaries shall determine; and 16. To make any distribution or division of the Trust estate either in cash or in kind, or partly in cash and partly in kind and to allot different kinds of, or interests in, property to different shares, all as my Executor or Trustee, as the case may be, shall determine to be equitable to effect such distribution or division. - 16 - 099999-OOOOSIAprill0, 1997/HAJIPAR/62002-(3) 9.3. General I.imitations. All powers, authorities and discretions given to or vested in my Fiduciaries by the provisions of this Will or by law shall be exercisable by my Fiduciaries only in a fiduciary capacity. 9.4. Exercise of Discr@tionary Powers. Each and every power, authority and discretion given to or vested in my Fiduciaries or a class of Fiduciaries by the provisions of this Will or by law, whatever may be the nature or extent thereof, shall be freely exercisable by my Fiduciaries or class at any time and from time to time in their sole and absolute discretion, as they alone shall determine. Each exercise thereof shall not be open to question in any manner whatsoever by, and shall be binding upon, each person having an interest in the Trust estate. 9.5. Di~IAimer By Executors. I authorize my Executor to disclaim in whole or in part any property or interest therein passing to me or to my estate by reason of a testamentary or inter vivos transfer or an intestate disposition or by any other means. 9.6. Option with Res>>ect to E~nses. In the event any expense of administration of my estate shall, at the option of my Executor, be deductible either in computing any federal income tax payable during the administration of my estate or in computing the federal estate tax payable with respect to my estate, my Executor shall exercise such option as my Executor shall deem to be in the best interests of my estate and the beneficiaries thereof. In the event any such expense is deducted for federal income tax purposes, my Executor may, but shall not be required to, transfer from income to principal an amount equal to the additional federal estate tax which my estate - 17 - 099999-OOOO5/Aprill0, 1997/HAJIPAR/62002-(3) may be required to pay by reason of the failure to claim any such expense as a deduction for federal estate tax purposes. ITEM X: TRUSTEE. 10.1. I hereby nominate, constitute and appoint PNC BANK, NATIONAL ASSOCIATION, Trustee of all Trusts created by me in this my Last Will. If the Trustee determines that the assets in the Credit By-Pass Trust make it impractical to continue to hold the assets in Trust, the Trustee may at any time distribute the Trust assets to those who would be entitled to receive said assets if my wife had failed to survive me as provided in ITEM V hereof. If my Trustee determines that the assets in the Marital Deduction Trust make it impractical to continue to hold the assets in Trust, the Trustee may at that time distribute the Trust Assets to those who are then allowed distribution of income by the Trustee. ITEM XI: EXECUTOR. 11.1. I hereby nominate, constitute and appoint my wife, MARIE B. MCDONELL, Executrix of this my Last Will and Testament. In the event my wife, MARIE B. MCDONELL, fails to qualify or ceases to so act, I name, constitute and appoint PNC BANK, NATIONAL ASSOCIATION. - 18 - 099999-OOOO5/Aprill0, 1997/HAJ/PAR/62002-(3) ITEM XU: BOND. 12.1. No fiduciary acting hereunder shall be required to post bond or enter security in any jurisdiction, but if a bond is nevertheless required, it shall be without surety . ~ WHEREOF, I hereunto se.t my hand and seal this J fA day of <LL1.A/ , 1997. . .-J,/4& /..1. /t;C'. ~ (SEAL) FREDERICK H. MCDONELL Signed, sealed, published and declared by the above-named Testator, as and for his Last Will and Testament, in the presence of us, who, at his request, in his presence and in the presence of each other have he s bscri our names as witnesses. - 19 - 099999-OOOOSIAprill0, 1997/HAJIPAR/62002-(3) AFFIDAVIT COMMONWEALm OF PENNSYLVANIA . . : 85. COUNTY OF CUMBERLAND . . ~ FREDERICKH.MCDONELL, ~ o..~ and L ~. \:'l ~. ~~ ' the Testator and the wi . sses, respectively. whose names are signed to the a hed or foregoing instrument, being first duly sworn, to hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and that he had signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and that to the best of hislher knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or ;~;, 1>>~~ CK H. MCDONELL Sworn to or affirmed to and subscribed to before me by FREDERICK H. MCDONELL, Testator, and ~~ L L...... ~ . ~ and <;:J. .~. ~ .~. ,,~\.., ~,~. ,wilne - s, this ~-~ "'~y of ~c:; .:-k ,I. ~ ~ \ "^-.........A..... Notary Public . ~ My Commission Expires: - 20- NOTARIAL SEAL DIANNE LENIG, Notary Public Lemoyne Borough Cumberland Co. My Commission Expires Dec. 21,1997 -..--............""'...