HomeMy WebLinkAbout04-04-06
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of DONNA M. HOWELL
also known as
To:
No. 2-ooto'oz.qq
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
Deceased.
172-24-8097
Social Security No.
The petition of the undersigned respectfully represents that:
Your petitioner is 18 years of age or older and the Executor named in the last will of the above
decedent, dated April!3, 2005, and codicil(s) dated [none].
Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or
principal residence at 608 Sherwood Drive, Carlisle Borough.
Decedent, then 75 years of age, died March 22, 2006, at 608 Sherwood Drive, Carlisle, P A.
Except as follows, decedent did not marry, was not divorced and did not have a child born or
adopted after execution of the will offered for probate; was not the victim of a killing and was never
adjudicated incompetent:
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
situated as follows: Borough of Carlisle, Cumberland County, P A
$ unestimated
$
$
$unestimated
WHEREFO RE, petitioner respectfully requests the probate of the last will and codicil( s) presented
herewith and the grant of letters testamentary thereon.
----! "' a ~/i
'. . :.~;;t~~~ ~" _1/ . /
.rlm s C. owell .-
608 Sherwood Drive
Carlisle, P A 17013
(717) 249-5369
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEAL TH OF PENNSYLVANIA )
: SSe
COUNTY OF CUMBERLAND )
The petitioner above-named swears or affirms that the statements in the foregoing petition are true
and correct to the best of the knowledge and belief of petitioner and that as personal representative of the
above decedent, petitioner will well and truly administer t.h. e.. q;tate acc~
i ? /
Sworn to or affirmed and subscribed d~ cr?, ~
before me this t<.j..Jh day of C.././" mes C. Howell .
~~L , to~
wi4 -f~ .
'~~I Regis r
No. 2- 000 - 02 q 0]
Estate of Donna M. Howell, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW, ~tprJ I .l..J-lh) 1-0() (p
, in consideration of the petition on the reverse side
hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated April!3, 2005, described therein be admitted to probate and
filed of record as the last will of Donna M. Howell and Letters Testamentary are hereby granted to James
C. Howell.
TOTAL
$ :L0.00
$ ;l..O.OD
$ 16,00
$ 15.00
$ 10.00
~ --i~ ,-Aiih~
Register ofWillsJ)J,271t r;J./~
~~~ .~ 'd
Ivo V. Otto III, Esquire (27763)
ATTORNEY (Sup. Ct. I.D. No.)
MARTSON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Will Book #
Page
FEES
Probate, Letters, Etc.
Short Certificates( 5 )
R@nunciation .I.N I .,
JCP ~ au.fc)
Filed apfl} "+ tl1) 2-t.?D (p
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F:\FILES\DA T AFILE\EST A TES\6157.6.letters.tes
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Thi '-, is to certify that the information here given is correctly copied from an original certificate of death duly 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.
No.
~;... ~. ~e.u.&.~
Local Registrar
Fee for this certificate. $6.00
p
12270486
MAR 2 3 2006
Date
r"...)
Hl05.143 fIey. 01106
TYPE/PRINT IN
PERMANENT
aLACK INK
1. Name 01 Decedent (First, middle,last)
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH · VITAL RECORDS
CERTIFICATE OF DEATH STATE FILE NUMBER
25,
3. Social Security Numb. 4. Date of Death (Monlh, day, year)
Donna
Mae
HeMell
172 _ 24
March 22 200
S. NJe (ust birlhday)
75 Vrs
Bb. County of DGath
7. Date 01 Birth Month, da , ear
I .
11 Decedenl's Usual Oec lion Kind 01 work done durin most 01 workin Hie; do not slate retired
Kind 01 Work Kind of Businessllnduslry
Haranaker Her CMI1 heme
a 16. Decedent's MaHing Address (Street, cityllown. stale, zip code)
13. Decedent's Education S eci on h hest ade Ieted
Elementary/Secondary (0.12) College (1-4 or 5+)
Other:
tienl 0 DOA 0 Nursin Home D{ Residence 0 Olher. S
9, Was Decedent of Hispani: Origin? 10. Race: American Indian. Black. WhHe, etc.
~ No 0 Yes (II yes, specify Cuban, (Spec/fyl
Mexi:an. Puerto Rican, elc.) Wh.i te
14, Maritat Status: Married, Never married, 15, Surviving.Spouse (If wife, give maiden name)
~~~~rced (S!>9Cifn James C. HeM'ell
Cumberland
Carlisle Boro.
608 Sherwood Drive
Carlisle, PA 17013
17a. State
PA
Cumberland
Did Decedent
live in a 17c. 0 Yes, Decedent Lived in
Tnwnsl1ip?
Twp.
17b. County
17d. ~ No. Decedent lived within
Acluallirrits of ("~ r 1 ; 1=l1 p
City&ro
18. Father's Name (Firsl. middle, last)
19. Mother's Name (First. niddIe, maiden sumamet
Marie :Morrison
Paul W. Sn der
2Oa. Inlormant's Name (Typelprinl)
2Otl. Informant's Mailing Address (Slreet, cityllown. state. zip code)
James C. Howell
608 Sherwood Drive, Carlisle, PA 17013
o
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en
~
en
<(
~
21b. Dale of Dispns~ion (Month. day. year)
21c. Place of Dispns~ion (Name of cemetery. cremalnry or other place)
21d. location (CityAown, slale, zip code)
Leola, PA
Evans Cremation Services
22b. license Number
FD 012633 L
220. Name and Address 01 FacUity
g Brothers Funeral Hane, Inc., Carlisle, PA 17013
23b. license Number
230. Dale Signed (Month, day, year)
. lIems 24.26 rrosl be cO"1'leted by person
who pronounces death.
24. Time of Death
25. Dale Pronounced Dead (Month, day, year)
12: 30 A. M.
March 22, 2006
26. . /f'~s Case Referred 10 e Medical ExanineriCnroner7
,.b~yes Jil Nn
CAUSE OF DEATH (See Instructions and examples)
hem 27. Pan I: Enter the ~ - diseases, iniuries. or co"1'licalions -thai directly caused the death. DO NOT enter terminal events such as cardiac alles\,
respiratory arrest, 01 venlri:ular IIbrihation without showing the etiology. D.:tO)pbbreViate 5'1er only one cause on a line.
~~~~~~~~;~~:d:~~:dise~r a. (j~M a~~~~'~
Due \() (nr as a consequence 01):
: Approximale interval: Part II: Enler other i . r
: onset to dealh but nol resutting in the underlying cause given in Pall I.
18~~<.
3Oa. Was an Autopsy
Performed?
32b. Describe how Injury Occurred'
, 28. Did Tobacco Use Conlrilute to Death?
o Yes 0 Probably
IR NIl 0 Unknnwn
29. If Female:
l!!f Nol pregnanl within pasl year
o Pregnant at time 01 death
o Not pregnant. but pregnant within 42 days
of death
o Nol pregnant, but pregnanl43 days 10 I year
belore death
o Unknnwn" pregnanl within the pasl year
32c. Place of Injury: Home, Farm, Streat, Facklry, Office
Building. elc. (Specify)
Sequenlialy list conditions, il any,
- leading tnlhe cause fisted nn Line a.
- Enterlhe UNDERLYING CAUSE
. (disease or injury thai in~iated the
events resutting in death) LAST.
Due to (or as a consequence 01):
Due 10 (or as a consequence 01):
o Ves ~n
d.
3Ob. Were Autopsy Findings
Available Prior to Co"1'tetion
of Cause of Death?
o Yes 0 No
3 I . Mann8\' nf Death
~ Natural 0 Homicide
o Accidenl 0 Pending Investigalion
o Suicide 0 Couid Not Be Delernined
32a. Dale oJlnjury (IAonth. day, year)
32g. location (SITeet. cityllown, stale)
32d. Time of Injury
M.
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338. Cer1lfler (check only onel
Certltyfl19 phyllclln (Physician certifying cause of dealh when another physician has pronounced death and completed nem 23)
To lhe best nf my knowledge, death occurred due 10 lhe CIIUse(S) and manner IS stlled -..................................................................................-.......................................-14
Pronouncing and certifying ~Iclan (Physician both prooouncing dealh and certifying 10 cause of death)
To lhe besl of my knowledge, dealh occurred althe time, dale, and place, and due 10 the CIIUse(I) and /I1lInner as stlled.................._.................................................O
Medical examlnerlcoroner
On lhe balls of examlnallon and/nr Investlgallon, In my opinion, aalh occuned allhe time, dale, and place, and due Inlhe caUSe(I) and manner as stlled .........0
rarl s~alUr~~' r ~";~ ~~
t-f;)
33d. Dale ed (Monl day. year)
3 2-y. of>
35.
I(~ I \ I d. I \ I 0 I
Name ~ Address of Person Who Co"1'leled Cause nl Death (1lem 27) ypelPrint
U J9-Ntl!: (..;j" , Ii
3u, t1I. i3t-ll /l.A.. t4f.~/h, J:, ~ / ~T
(See instructions and examples on reverse)
F: \FI LES\DA T AFILE\Estate Planning\6 157 -4-w. wiII.2005
..
LAST WILL AND TESTAMENT
I, DONNA M. HOWELL, of the Borough of Carlisle, Cumberland County, Pennsylvania,
being of sound and disposing mind and memory, do hereby make, publish and declare this to be my
Last Will and Testament, hereby revoking any and all former Wills or Codicils made by me.
ITEM ONE
I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and
all inheritance taxes shall be paid to the extent possible from those assets held or passing under
ITEM THREE hereofas soon as practicable after my decease and as part of the administration of my
estate.
ITEM TWO
I give all of my personal and household effects, automobiles, boats and collections, if any,
and any insurance policies thereon, unto my husband, JAMES C. HOWELL, ifmy husband survives
me by thirty (30) days; otherwise, I give such items of tangible person property as are itemized on
a certain list dated and signed byme at the end thereof to the person(s) named thereon. I give all the
remainder of such tangible personal property and insurance thereon to such of my children as are
living on the thirty-first day after my death, to be divided between or among them with due regard
for their personal preferences in as nearly equal shares as practical and as they shall mutually agree.
I direct that any of the foregoing articles not selected by such children shall be sold at public or
private sale by my personal representative(s), and I further direct that the net proceeds thereof shall
be administered and distributed as a part of the residue of my estate.
Further, if my husband, JAMES C. HOWELL, fails to survive me by thirty (30) days, I give
the sum of One Hundred Thousand Dollars ($100,000.00) unto each of my grandchildren, to wit:
JENNIFERM. HOWELL, REBECCAM. HOWELL, SHARONP. HOWELL, JULIE A. HOWELL,
PAUL J. HOWELL and RICHARD S. HOWELL, if they are living at my death.
ITEM THREE
A. My Executors shall divide my residuary estate into two portions, the first being
referred to herein as "Trust A" and balance being referred to as the Residue.
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[initials]
Page 1 of 13 Pages
B. There shall be placed in "Trust A" that fraction of the total principal of which the
numerator shall be a sum equal to the amount of the generation skipping transfer exemption as
provided in Section 2631 of the United States Internal Revenue Code (the "Code"), or any
comparable legislation then in effect and then available to my estate after consideration of generation
skipping transfers made by me during my lifetime and made under other items of this Will and the
allocation of the generation skipping transfer exemption made by my Executors to such generation
skipping transfers and of which the denominator shall be the value of my residuary estate. For the
purpose of establishing such fraction, the values finally fixed in the Federal estate proceeding
relating to my estate shall be used.
C. If my husband, JAMES C. HOWELL, is living thirty (30) days after my death, then
I give, devise and bequeath all the Residue unto my said husband absolutely. If my said husband
does not so survive me, then I give, devise and bequeath all the Residue of my estate unto my
Trustee(s) to be held or distributed by such Trustee(s) under ITEM FNE, C and D, hereof.
In the event my said husband shall disclaim all or any portion of any devise or bequest made
to my said husband under the foregoing ITEM THREE, C, then the amount otherwise payable shall
be held by my Trustee(s) under ITEM FNE hereof. For purposes of the Trust established under
ITEM FNE hereof, my said husband shall not be deemed to have predeceased me by virtue of my
said husband's exercise of the right to disclaim set forth herein.
If my said husband and I die simultaneously, or under circumstances which render it difficult
to determine who died first, my said husband shall be deemed to have survived me for all purposes
of this my Last Will and Testament.
ITEM FOUR
"TRUST A"
My Trustee(s) shall hold the assets allocated to "Trust A" under ITEM THREE hereof, if any,
for the following purposes:
A. My Trustee(s) shall have, hold, manage, invest and reinvest the assets of "Trust A",
collect the income and pay over the net income in quarterly installments to my husband, JAMES C.
HOWELL, during my husband's lifetime. My Trustee(s) shall also, from time to time, pay to my
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[initials]
Page 2 of 13 Pages
husband such amounts of principal of this "Trust A" as my Trustee(s) deem necessary for the proper
support, maintenance and medical care of my said husband.
B. Upon the death of my husband, JAMES C. HOWELL, provided my said husband
shall have survived me, my Trustee(s) shall pay all accrued income and all income accumulated but
undistributed to the estate of my said husband. Further upon the death of my said husband, or in the
event that my said husband shall have predeceased me, "Trust A" shall be divided into as many
shares as I have children then living, including any child of mine who has predeceased me but who
leaves issue surviving. My Trustee(s) shall hold such shares for the following purposes:
1. With respect to any such share held for the benefit of any child of mine, in
each taxable year of the Trust, my Trustee(s) shall pay to or for the benefit of such child
(hereinafter referred to as "the Recipient") during the Recipient's life, an aggregate unitrust
amount equal to five percent (5%) of the net fair market value of the assets of such share
valued as of the first day of each taxable year of the Trust (the "valuation date") in at least
quarterly installments. Further, my Trustee(s) shall be at liberty to invade the principal, and
accrued income, if any, of such share to provide for the health, education, maintenance and
support of such child, keeping in mind the other resources available to such beneficiary for
such purposes.
a. Payment of Unitrust Amount. The unitrust amount shall be paid in
quarterly installments. Any income of such share for a taxable year in excess of the
unitrust amount shall be added to principal. If for any year the net fair market value
of the share assets is incorrectly determined, then within a reasonable period after the
value is finally determined for federal tax purposes, the Trustee( s) shall pay to the
Recipient (in the case of an undervaluation) or receive from the Recipient (in the case
of an overvaluation) an amount equal to the difference between the unitrust amount
properly payable and the unitrust amount actually paid.
b. Deferral Provision. The obligation to pay the unitrust amount shall
commence with the date of the last to die of my husband or me, but payment of the
unitrust amount may be deferred from such date until the end of the taxable year of
&;72
[ initials]
Page 3 of 13 Pages
the Trust in which occurs the complete funding of the Trust. Within a reasonable
time after the end of the taxable year in which the complete funding of the Trust
occurs, the Trustee(s) must pay to the Recipient (in the case of an underpayment) or
receive from the Recipient (in the case of an overpayment) the difference between:
(1) any unitrust amounts actually paid and (2) the unitrust amounts payable.
c. Proration of the Unitrust Amount. In determining the unitrust
amount, the Trustee(s) shall prorate the same on a daily basis for a short taxable year
and for the taxable year ending with the Recipient's death.
d. Taxable Year. The taxable year of the Trust shall be the calendar year.
e. Investment of Trust Assets. Nothing herein shall be construed to
restrict the Trustee( s) from investing the Trust assets in a manner that could result in
the annual realization of a reasonable amount of income or gain from the sale or
disposition of Trust assets.
Upon the death of such child, my Trustee( s) shall divide such share into as many shares as
such child has issue then living, per stirpes. The Trustee(s) shall hold each such share as set
forth in paragraph B,2, of this ITEM FOUR.
2. With respect to any such share held hereunder for the benefit of a grandchild
or more remote issue of mine, until the beneficiary of such share shall attain the age of thirty
(30) years, my Trustee(s) shall pay so much of the principal and income of the trust as is
necessary, in my Trustee's(s') sole discretion, for the health, education, maintenance and
support of the beneficiary thereof, keeping in mind the other resources available to such
beneficiary for such purposes. Upon such beneficiary's attaining the age of thirty (30) years,
my Trustee( s) shall pay the net income of such share to or for the benefit of such beneficiary
in at least quarterly installments. Further, the Trustee(s) shall be at liberty to invade the
principal of such share to provide for the health, education, maintenance and support of such
beneficiary, keeping in mind any other resources available to such beneficiary for such
purposes. Upon such beneficiary's attaining the age of forty (40) years, all accumulated
income, if any, and principal of such share shall be distributed outright to such beneficiary.
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Page 4 of 13 Pages
3. In the event that my husband, JAMES C. HOWELL, and I are not survived
by any issue, then the trust shall be distributed, absolutely, to my heirs at law, per stirpes;
provided, however, that the share of any distributee who shall not have attained the age of
forty (40) years shall be held and distributed under the terms and conditions of paragraph B,
2, of this ITEM FOUR.
C. If I predecease my husband, JAMES C. HOWELL, it is contemplated that my
Executors will exercise the election provided in Section 2652(a)(3) of the Code, or any comparable
legislation so that "Trust A" will be treated as if the election under Section 2056(b )(7) of the Code
had not been made, and I will be treated as the transferor for generation skipping transfer tax.
ITEM FIVE
DISCLAIMER TRUST
My Trustee(s) shall hold the assets received under ITEM THREE hereof, if any, for the
following purposes:
A. My Trustee(s) shall pay the net income, at least quarter-annually, to my husband,
JAMES C. HOWELL, for life. In addition, my Trustee(s), in my Trustee's(s') sole discretion, may
invade the principal of the Trust for the proper and adequate support of my said husband.
B. My Trustee(s) shall further pay to my said husband annually, such sum from the
principal of the Trust as my said husband may request in writing, provided, however, that said sum
may not exceed the greater of Five Thousand Dollars ($5,000.00) or five percent (5%) of the
aggregate value, at the time of said request, of the principal of the Trust hereunder.
C. Upon the death of my said husband, or upon my death if my husband shall not survive
me by thirty (30) days, my Trustee(s) shall distribute the principal and any accumulated income of
the Trust in the following manner:
1. One-third (1/3) thereofunto my son, JAMES P. HOWELL;
2. One-third (1/3) thereof unto my son, RICHARD K. HOWELL; and
3. One-third (1/3) thereof unto ORRSTOWN BANK, Carlisle, Pennsylvania,
in trust, for the benefit of my son, MARK E. HOWELL. My said Trustee shall pay the net
income, at least quarter-annually, to my said son, MARK E. HOWELL, during his lifetime.
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Page 5 of 13 Pages
Upon the death of my son, MARK E. HOWELL, my Trustee shall hold or distribute the
principal and any accumulated income of such trust to the issue of my son, MARK E.
HOWELL, in accordance with the terms of subparagraph D of this Item Five of my Last Will
and Testament.
D. In the event that any of my said sons shall fail to survive my husband and me, but
shall leave issue surviving, then such deceased son's share shall be held by my Trustee(s) and the
net income therefrom shall be used for the support, maintenance and education of the issue of such
deceased son. Until the beneficiary of such share shall attain the age of thirty (30) years, my
Trustee(s) shall pay so much of the principal and income of the trust as is necessary, in my
Trustee's(s') sole discretion, for the health, education, maintenance and support of the beneficiary
thereof, keeping in mind the other resources available to such beneficiary for such purposes. Upon
such beneficiary's attaining the age of thirty (30) years, my Trustee(s) shall pay the net income of
such share to or for the benefit of such beneficiary in at least quarterly installments. Further, the
Trustee( s) shall be at liberty to invade the principal of such share to provide for the health, education,
maintenance and support of such beneficiary, keeping in mind any other resources available to such
beneficiary for such purposes. Upon such beneficiary's attaining the age of forty (40) years, all
accumulated income, if any, and principal of such share shall be distributed outright to such
beneficiary. In the event that any of my sons shall fail to survive my husband and me and not leave
issue surviving, then such deceased son's share shall be added to the shares of my other sons as if
originally a part thereof.
ITEM SIX
POWERS OF EXECUTORS AND TRUSTEES
In addition to the powers conferred by case law, by statute, and by other provisions hereof,
my Executor and Trustee and his successors, shall have the following discretionary powers
applicable to all property held by them which powers shall be effective without order of any court
and shall exist until final distribution:
A. To retain any property of any nature received by them for whatever period they shall
deem advisable;
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Page 6 of 13 Pages
B. To invest and reinvest all or any part of said property in such stocks, bonds, securities
or other property, real or personal, as in their discretion they shall deem proper, without regard to
statutes limiting the property which a fiduciary may purchase;
C. To sell, transfer, exchange or otherwise dispose of, any part of said property, for cash
or on terms, publicly or privately, or to lease, even for a term exceeding five (5) years or the duration
of any trust herein, without liability on the purchasers or lessees to see to the application of the
proceeds, and to give options for these purchases without the obligation to repudiate them in favor
of a higher offer;
D. To execute and deliver any deeds, leases, assignments or other instruments as may
be necessary to carry out the provisions of any trust hereunder;
E. To borrow money, including the right to borrow money from any bank and to
mortgage or pledge any asset of the estate as security;
F. To assume continuance of the status of any beneficiary with regard to death, marriage,
divorce, illness, incapacity and the like in the absence of information deemed reliable without
liability for disbursements made on such assumption;
G. To pay from the trust, or the income therefrom, all debts or claims against my estate,
or any taxes or similar charges on my estate;
H. To make any distribution hereunder either in kind or in money, or partially in kind
and partially in money. Distribution in kind shall be made at the market value of the property
distributed, and my Trustee(s), in their absolute discretion, may cause the share distributed to any
distributee to be composed of property similar to or different from that distributed to any other
distributee;
I. To exercise any subscription right in connection with any security held hereunder, to
consent to or participate in any recapitalization, reorganization, consolidation or merger of any
corporation, company or association, the securities of which may be held hereunder, to delegate
authority with respect thereto, to deposit investments under agreements, to pay assessments, and
generally to exercise all rights of investors;
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Page 7 of 13 Pages
J. To invest in endowment, insurance or annuity policies on the lives of beneficiaries
of any trust hereunder;
K. To continue in any partnership, joint venture, joint ownership or other business
enterprise of which I am a part at the time of my death;
L. To compromise claims;
M. To continue for whatever period of time as they shall deem necessary any ownership
as a tenant in common or as a partner, in real estate or other property and to act as I could have done
had I been living;
N. To lend money to my estate or to any trust created hereunder or to purchase from the
estate or from any trust created hereunder, at the market value thereof at the time of purchase, any
securities or other property tendered to them by my estate or any trust created hereunder at any time
and from time to time within a period of nine (9) months after my death;
O. In the event that any amounts are payable hereunder or under any trust created
hereunder to a minor, or to a person otherwise under legal disability, or to a person not adjudicated
incompetent, but who, by reason of illness or mental or physical disability is, in the opinion of
fiduciary(ies) hereunder, unable to properly administer such amounts, such amounts may be paid by
the fiduciary(ies) hereunder in his, her or their sole discretion in any of the following ways as he, she
or they may deem best:
1. Directly to such beneficiary;
2. To a legally appointed guardian of such beneficiary for the benefit of such
beneficiary;
3. To a person having custody of such beneficiary for the benefit of such
beneficiary;
4. By the fiduciary(ies) hereunder using such amounts directly to the benefit of
such beneficiary.
P. To employ agents, attorneys and proxies and to delegate to them such power as my
personal representatives and Trustee(s) consider desirable and to pay reasonable compensation for
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Page 8 of 13 Pages
such services as may be rendered by such agents, attorneys and proxies;
Q. To do all other acts in their judgment necessary or desirable for the proper
management, investment and distribution of my Estate.
R. Notwithstanding any other provision of this Will to the contrary, no Trustee who is
not an "Independent Trustee" (as defined herein) shall participate in any decision regarding any
discretionary accumulation, payment, application or allocation of income or principal or termination
of a trust unless such decision is limited by an ascertainable standard as defined in Section 2041 (b)
of the Code. A Trustee is an Independent Trustee with regard to any such discretionary decision to
accumulate or distribute income if such Trustee is not a current eligible income beneficiary of such
trust and, with regard to any such discretionary decision to distribute principal, if such Trustee is not
a current eligible beneficiary of the income of such trust and has not been appointed as a Trustee by
any such beneficiary other than pursuant to a power to appoint which requires that at least one (1)
adult income beneficiary and one (1) other adult presumptive remainderman of such trust join in the
exercise of such power. All such decisions shall rest exclusively in the discretion of the other
Trustees who are Independent Trustees. If no Independent Trustee is then acting and there is no
other provision of this Will by which an Independent Trustee can be appointed, then a majority of
the adult income beneficiaries (of which there must be one) and a maj ority of the adult presumptive
remaindermen (of which there must be one other) of such trust may appoint an Independent Trustee,
or, if no Independent Trustee is so appointed, then any adult beneficiary may request a court having
jurisdiction over such trust to appoint an Independent Trustee.
S. My Executor shall be authorized in their sole, exclusive and unrestricted discretion
to determine whether to elect (under Section 2056(b )(7) of the Code, or any corresponding provision
of the Federal estate law), to qualify all, none or a fraction of "Trust A" for the Federal estate tax
marital deduction. The decision of my Executor with respect to the exercise of the election shall be
final and conclusive upon all persons whose interests in my estate or the Trusts are directly or
indirectly affected by the election. My Executor shall have the power to distribute assets in cash or
in kind to "Trust A" and the Disclaimer Trust, if the Disclaimer Trust is created, and to select
specific property to be distributed to such Trusts without regard to the income tax basis on such
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Page 9 of 13 Pages
property. In making these allocations, my Executor shall use the value of the assets as of the date
or dates of distribution so that each distribution shares proportionately in the appreciation or
depreciation of assets between the date of my death and the date or dates for distribution. Only
property which is fully eligible for the marital deduction under Federal estate tax law shall be
assigned to "Trust A". To the extent that other assets which qualify for the marital deduction are
available, there shall not be allocated to "Trust A" (1) assets with respect to which an estate tax
credit for foreign taxes paid is allowable or (2) any payments under an employees trust or retirement
annuity contract of the type described in Section 2039( c) of the Code or subsequent provisions of
similar import or (3) United States Treasury Bonds that are eligible for redemption at par value in
payment of the Federal estate tax. In computing the marital deduction all generation-skipping
transfers for which I am the "deemed transferor" shall be disregarded. Notwithstanding anything to
the contrary contained herein, my Executor and Trustee(s) shall not retain beyond a reasonable time
any property which may at any time be or become unproductive, nor shall they invest in
unproductive property. If my husband, JAMES C. HOWELL, shall have survived me, my Executor
or Trustee( s) shall pay from the principal of "Trust A" upon the death of my said husband, an amount
equal to the estate, inheritance, transfer, succession and other death taxes ("death taxes"), Federal,
state and other, payable by reason of the inclusion of the value of "Trust A" in my said husband's
estate. Such payment shall be equal to the amount by which (1) the total of such death taxes paid by
my said husband's estate exceeds (2) the total of such death taxes which would have been payable
if the value of "Trust A" had not been included in my said husband's estate. The determination by
my said husband's Executor of the amount payable hereunder shall be final. I direct my Trustee(s)
to pay such amount promptly upon written request of my said husband's Executor. The final
determination of the amount due hereunder shall be based upon the value as finally determined for
Federal estate tax purposes in my said husband's estate. After payment of the amount finally
determined to be due hereunder, my Trustee(s) shall be discharged from any further liability with
respect to such payment. My said husband may waive the right to payment under this subparagraph
by Will, executed after my death, in which my said husband specifically refers to the right to
payment hereunder given to the estate of my said husband.
~1/7/
[initials]
Page 10 of 13 Pages
.'
ITEM SEVEN
PROTECTIVE PROVISIONS
All income or principal held for the use and benefit of the beneficiaries of any trust hereunder
shall not be in any way or manner subject to anticipation, assignment, pledge, sale or transfer, nor
shall any such interest, while in the possession of my Trustee(s), be liable for or subject to the debts,
contracts, obligations, liabilities or torts of any beneficiary, or to attachments, executions or
sequestrations under process of law.
ITEM EIGHT
APPOINTMENT OF EXECUTORS AND TRUSTEES
I nominate, constitute and appoint my husband, JAMES C. HOWELL, as Executor of my
estate. In the event that my said husband shall predecease me or fail to act or continue to act as
Executor, then my sons, JAMES P. HOWELL, RICHARD K. HOWELL and MARK E. HOWELL,
or the survivor(s) of them, shall act as Executor(s) of my estate. In the event my husband and all of
my said sons are unable or unwilling to act or continue to act as Executor(s), then I appoint
ORRSTOWN BANK, with offices in Carlisle, Pennsylvania, as Executor of my estate.
I nominate, constitute and appoint my husband, JAMES C. HOWELL, as Trustee of any trust
created hereunder. In the event that my said husband shall predecease me or fail to act or continue
to act as Trustee, then my sons, JAMES P. HOWELL, RICHARD K. HOWELL and MARK E.
HOWELL, or the survivor(s) of them, shall act as Trustees of any trust created hereunder, with the
exception of the Trustee appointed in ITEM FIVE, C, 3. In the event my husband and all of my said
sons are unable or unwilling to act or continue to act as Trustee(s), then I appoint ORRSTOWN
BANK, with offices in Carlisle, Pennsylvania, as Trustee of any trust created hereunder.
Notwithstanding the foregoing appointments of Trustee(s) hereunder, a majority of all
income beneficiaries of the trust or trusts created hereunder may from time to time remove any
corporate trustee then acting for reasonable cause and substitute another corporate trustee; provided,
however, that such successor corporate trustee shall not be a related or subordinate to anyone or
more of the beneficiaries hereunder within the meaning of Internal Revenue Code 9672( c) or
successor provisions. When the removed corporate trustee has received written notice of its removal
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Page 11 of 13 Pages
. '
and has been notified in writing by its successor corporate trustee of the latter's acceptance, the
removed corporate trustee shall surrender all books, records, and assets in its possession comprising
any portion of the trust or relating to the trust. In no event shall the removed corporate trustee charge
a "termination fee" based on a percentage of trust assets as a result of such removal but shall be
entitled only to charge such fee as fairly represents the cost of any accounting required by the
beneficiaries or successor corporate trustee as part of such removal and substitution. The removed
corporate trustee shall not be relieved of liability until its successor has qualified and the removed
trustee's accounting, if applicable, has been settled or the beneficiaries and successor corporate
trustee have otherwise accepted an account stated in lieu of a formal accounting. As used in this
paragraph, the term "reasonable cause" includes, but is not limited to: (1) poor investment
performance, (2) the removal of all current income beneficiaries from the state in which the
corporate trustee is licensed to conduct business as a corporate trustee, (3) inattention to the
reasonable needs of the beneficiaries, (4) lack of communication between trustee and beneficiaries,
(5) inaccurate or unclear transaction statements or statements of account, (6) conflicts between the
corporate trustee and the beneficiaries, (7) merger, acquisition or deteriorating financial condition
of the corporate trustee, or (8) high turnover of account officers assigned to any trust hereunder.
ITEM NINE
WAIVER OF BOND
I direct that my Executor and Trustee, or his successors, shall not be required to file any bond
in any jurisdiction to secure the faithful performance of their duties, nor shall they be required to
obtain any order or approval of any court for the exercise of any power or discretion set forth in this
Will.
IN WITNESS WHEREOF I have hereunto set my hand and seal this 13~ day of
~ d-oD5
-)
67//hL ~~ ~tc:d- (SEAL)
/
Donna M. Howell
SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testatrix, as and
for her Last Will and Testament, in the presence of us, who at her request, have hereunto subscribed
our na s as witnesses thereto, in the presence of the said Tes:~. . x an.d of ea~ther.
~. ~ ;;;- acL ~/f}l16
Page 12 of 13 Pages
.' J '\
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
We,DonnaM.Howell, :Jahn B. Fowle.rrrr ,and VtdlJ r{~ h. 0 +fa
the Testatrix and the witnesses, respectively, whose names are signed to the foregoing instrument,
being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and
executed the instrument as her last Will and that the Testatrix has signed willingly, and that the
Testatrix executed it as her free and voluntary act for the purposes therein expressed, and that each
of the witnesses, in the presence and hearing of the Testatrix, signed the Will as a witness and that
to the best of his/her knowledge the Testatrix was at that time eighteen years of age or older, of
sound mind and under no constraint or undue influence.
dJ 4?Yc-r./// ./f~~B~
Donna M. Howell, Testatrix
Z
ess ~-
;; t:u'~<- Aem-
Witness
-....
/l':!!-
Subscribed, sworn to and acknowledged before me by Donna M. Howell, the Testatrix, and
subscribed and sworn to before me by :John B. Fou)/~rJjL and
A
V \ t +r> r << ~ L TJ 1+0 , the witnesses, this J 3~ay of Apr i f ZooS
~~
Notary Public
NOTARIAL SEAL
CORRINE L. MYERS , NOTARY PUBLIC
CARLISLE BORO, COUNTY OF CUMBERLAND
MY COMMISSION EXPIRES MAY 27, 2007
Page 13 of 13 Pages