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Home My WebLink About05-01-06 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS No. ~\-6~,637r Estate of Ardella V. Flint also known as Ardella M. Flint and Dee V. Flint , Deceased Social Security No. John A. Morefield. Jr. and Frederick L. Morefield 206-38-9993 Petitioner(s). who isIanl18 yeatS of age or older. aPlliY(iesl for: (COMPLETE "A" OR "B" BELOW:) [J A. Probate and Grant of Letters and aver that Petitioners are the executors named in the Last Will of the Decedent, dated Mav 30.1997 and codicil(s) dated Slate relevanl circumstances. e.g.. renunciation. death of executor. etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: NO EXCEPTIONS D B. Grant of Letters of Administration (d.b.n.c.l.a.: pendente IRe; durante absentia; durante mlnoritate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following s~e (if any) and heirs: 0 <= ,:-r.J Name Relationship Residence ::S:J <::r'o (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at Messiah Villaae. 100 Mt. Allen Drive. UDoer Allen TownshiD. Mechanicsbura. Pennsvlvania 17055 (IiSlstteel. runber and mooiCipalily) Decedent. then 96 vears of aae. died March 21. 2006. at Messiah Villaae. 100 Mt. Allen Drive. UDDer Allen Townshio. Mechanicsbura. Pennsvlvania. (I.ocation) 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 ............................................................................................................................$ Total.... .... .... ... ....... ..... ..... ...... ....... ...... .................... ......... .... ...... ..... ...... ...... ... ...... $ 875 000.00 o 875.000.00 Real Estate situated as follows: None 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: Signature Typed or printed name and residence John A. Morefield, Jr. 1 Woodstock Court Mechanicsbu ,PA 17050-8230 Frederick L. Morefield 35960 Birch Hollow Road Purcellville, VA 20132-2766 (' Form RW-1 Page 1 of 2 (Dauphin County) . Rev. 9/92 604520.1 Oath of Personal Representative common~~IJIj1 of \'i"\lSyIVjlnia County of ;V vY1 1 ltt nA 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 wen and truly administer the estate accordiJ;l9 to law. 2006 L(1'<- (('<t;'"6"~ cr ~~~ ~ Sworn to and affirmed and subscribed before me this ";)'1~ day of ~ l~ &~c.~ lChlh~ No. Estate of --.f\ ~e I ~ VI. V I F \. "y DrSed Social Security No:~b.0- ~~ .-e,qq 3 Date of Death: 3 / ?-' L D to AND NOW, ~ r, \ 1 <b , 20J!1L, in consideration of the Petition on the reverse side hereon, satisfac~~roof having been presented before me, IT IS DECREED that Letters estamentary 0 of Administration d \- 0 lu - 0 3 7?-' are hereby granted to d.b.n.c.l.; pendente IMe; durante absentia; durante mlnoritale It in the above estate and that the instrument(s) dated described in the Petition be admitted to probate and filed of record as the last Will of Decedent. $ J (PO 01) $ :J- :f 00 $~ $ $ $ $ lS"".DO Inventory....................... $ Other............................ $ 19~"t5~ ~ -$~.(Opd... '-l \a, \0(., TOTAL................ $~ Form RW-l Page 2 of 2 (Dauphin County) - Rev. 1lI92 ~IJ~ I b ~ FEES Letters.......................... . Short Certificate(s).......... I1eAI:Jn"idtioTl.. .W.iJ I....... Affidavit ( )................. Extra Pages ( ).. .. .. .. .. .. Codicil......................... . JCP Fee..~..f1:J.1J?....... JM 0/11 rLR_~ f/JL- ~~I\1rJ ~, 01 A t1. Jr~~= ~ !111~: -: :'~J ;;; r-.-...1.. E-.3 f/ V\ ~,... III _ ... ::;.':, .:. _.U N,; ~~,~~ co' C:J .. :(;~ . -' ~=Q " C) co j'TI rJ C) N "'1'1 (T\ Attorney: Stan lev A. Smith 1.0. No: 33782 Address: Rhoads & Sinon LLP. PO Box 1146 1 South Market Sauare. Harrisbura. PA 17108-1146 Telephone: 717-233-5731 Register of Wills of Cumberland County, Pennsylvania OATH OF SUBSCRIBING WITNESS Estate of Ardella V. Flint No. () 1-- () lI'fJ 37 J- also known as Ardella M. Flint and Dee V. Flint , Deceased Henry W. Rhoads a subscribing witness to the will presented herewith, being duly, qualified according to law deposes and says that he was present and saw the above Testatrix sign the same and that he signed as a witness at the request of Testatrix in his presence and in the presence of the other subscribing witnesses. 814 McCormick Road (Address) Mechanicsburg, PA 17055 Sworn to or affirmed and subscribed before me this ol1 day of A'pr \ \ , 2006. ,~~ r dt.~ otary Pu . COMMO WE TH OF PENNSYLVANIA Notarial Seal Cin<!LL. Leitzel, ~ Public City of Harrisburg. DaupIUn County My Commission Expires Dec. 2, 2006 Member, Pennsvllwnla Assodation of Notaries My Commission Expires: (Signature and seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's commission.) NOTE: To be taken by officer authorized to administer oaths. Please have present the original or copy of Instrument(s} at time of notarization. Form RW.12 (Dauphin County. Rev. 9192) 97 .r.; v .t) nl'1ni j\jU\; 605640.1 Register of Wills of Cumberland County, Pennsylvania OATH OF NON-SUBSCRIBING WITNESS Estate of ARDELLA V. FLINT No. 'd l' 0 lJ -b3 7?-- also known as , Deceased YVONNE R. DURHAM. a subscriber hereto, being duly qualified according to law, deposes and says that she was familiar with the signature of Ardella V. Flint. testatrix of the will presented herewith, and that such subscriber believes the signature on the will is in the handwriting of Ardella V. Flint to the best of such subscriber's knowledge and belief. /'? . /JI__ /_ t..-t--/ ~ {)&.(.,(,(/~ Yvonne R. Durham 1010 Hemlock Lane Enola, PA 17025 Sworn to or affirmed and subscribed before me this /}Cjl- Q{. .0. day of ,2006. 1 "'1 0..7 o.,.Q '..', ~.J ")0.Q ,.. nflj\1/ 'jUU" 605666.1 105.805 REV 1/05 This 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. Fee for this certificate, $6.00 p 12270454 No. ~t\.~~~ Local Registrar . MAR 2 2 2006 Date C) r;;O ,'.:.:~n r-...:> = c? C:)'~' 1'-.) co :~?~ Cf! N 0'" H'OS,143 R8v, 01.06 rn>eIPflllT IN PERIlAHENT .LACXINK 1 N.me of Decedenl (FwsL rriddte, IIIsl) COMMONWEALTH OF PENNSVLV ANIA . DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH STATE FILE NUMBER 4. O....IlleoI._.clay,y..") Ardella M. Flint 5~(la"_ 96 Yr&. 7. Dale 01 Bi1h MoIllh, d8. , Oct. 4 ;. .... County of llOlI~ Vd/iL 13. Dec:adenfs Education Eii'Y.~o<oollaly(O-l2) PA C\JJti:)erland Upper Allen Twp. I . 11. DlCIdfnt'sUs&J81 1M ol""'*donIdIJ' moslol'llOl" iltrdonol:slll.retirlld Kind ot Work Kind of Busintssf1ndustry Homemaker Own Home 16 Decdnt's UaIilg PddraI (SIntBI. c:lyAown, 11111, ~ codll) Messiah Village . 100 Mt. Allen Dr. 17a. SlSte llb. Cou.ty ClJnt)erland 19. Mother's Name (Frat. nii:iIe, maiden surname) Addiebelle Tritt I o w (f) :::> ~ ~ . I Frederick L. Vogt 201. InbmltN's Name (TYJ*prinr) John Morefield 206-38-9993 March 21, 2006 e- " lienl 0 DCA Hura HomI 0 Aesi:lenct 0 CXher. 9 Was Otcttdfillll of Hispane 0rigI!? 10. Race: Amerean Indiln. 8Iact. While, etc. IX" 0 V"I1IY",~C<lbI., {Sjlea/)l Mexi:an. P\.Iefkl Ran. *.~ White onh ade ed , CoIoge (1..", 5+) 14. Marlal Status: Married. Nwer mamed. 15. SU1vWlg Spouse lit _, give nllen name) --(SpodI)! Widowed llIdO",_, Uve inl 17e. a Yas, DecedentUved iI T0WI1Shi>1 upper Allen TW\I l1d.D ..._UVed....m Actual Umils of ~ 201>. ."""",,", MalIng_... {SIr8tI,clty_,_.zi;codel 1 Woodstock Court, Mechanicsburg, PA 17050 2'1c. P'tIcI olD8posltion (Nlme01 cemeltwy. crtn'8IDrY OJ other placl) Yorktowne Cremation Service 22<. IlI....IldAddr....Faci1ty Hoffman-Roth 219 N. Hanover St., Carlisle, 23b. license Num,er 21d.lJlcatioo(cty/loWll.""'.z\>codel York, PA 17404 Funeral Home Pa 17013 230. Ool. SiQrHId (Month. ""Y. yoar) 21b.llat...OOOoUio.(Mo<Ilh.day.ye6I) 24. Tirn8ofOeaIt1 Of.oOO 25. D'1. Pronounced Dud (Month, day. year) /V/()fch 2./ 20ck lot 'i-.. '= ---::: '-l.. CAUSE OF DEATH (See 111_" and Ulmpoa) ..,. 27. Pin I: Enter !he ~ - disePes. iljJries. 0( ~Ibns - thatdi'tdty caused tile dlait'!. 00 NOT errter t8Iminalevents such as cardiac erresl, mpimory iiIlfISt. Of ventti::uIBr lriation Mhout ,ho~ the eOObgy. DO NOT abbrerillJ. Enter cri( one cause on l\ N. _re CAUSE (rN/d.....'" __~...~l -7 '. Soquenlioly 1st.......... d 8fIY, b. 1IIcIno101he~I.ISIIIsIedOflli'le8. - Enl8r1lMl UNDEAl YING CAlISE _ (*-or!ntur1lhat...ed1he ....,u res~ in dMth) lAST ,')'~5i s . lJYl7btlh Ie. 0lI0l' ...-...~: '!0 /'- ar~c ft, ~ rvol- Que orUI or,: OfZ.Y~tU Yi!lJaJ!a,- dlr;e.d..~ Dult8(orasa o~: ~ -- .~ '- <( .. Wu aft AuIopsy - o V" !;J'1Io d. 3ClIJ. WII, AuIopJy FiIdi1gJ .....bIe_lo~ ofCa4JseotDealh? o V.. .>iN. 32d. TlII'le of Injury 32e. Injury al Work? [JYesONo 320. D.I.orl~_,""y,yeor) 31. _ofOu," -6" N.1ulaI 0 H_icl. o Accident 0 Pending Invesligalion o Suicide Cl Could NoI Be Determined lot. 331. Conftlw (chock........' ~~:==;:'~I~~~:~r:~~:~~~.~~:.~!_~_._ .....__...__...___..._.... ....m_....../ Pronouncing and cartItyIng ptrysk:ian (Physiciln both pronouncin9 dUlh.and C8rtity;ng \0 C8\.1Se of dNttt) To the beSt of n'If knOwtedOl, dIIIlh oecurNd .II the time, dale, and pIaet,lnd due to the c:aUll(S) and manner as stated._...."._.... .......__~_......._.._. "'_"'n~O ".cUeal eu,,*-Jcoroner On tMbaS. 01 ~J1anc!lor }nvestlgatlon, In my opinion, ~Ih occumMI al the time, date, and place, and d.... to. th& calo1Se(s. and mat'II* as stat&d ......_.0 36. Oale Filed (Month, day. year) .... Z W C w U w Cl l5 w :;; << Z ~. Was case R.flnllll '10. Macfic81 ExlrrinerlColOfler? y" 0 No WOxinBI6 in18M!; onsetlodMItI Pan II: Enter other .limibnl r.onrlUinna mnlriMi\n In dB",. buC not rlluling in lt1e underlyIng cause given in Part I. 2~ Oicll0b0<<0 U.. CorIrWo 10 Iloath1 o VOl 0 PIobobly OIlE 0 U_ 29. If Ftmllle' B"'"Nol: PregMnt with.. pal yll' o Pregnant at \iTle 01 dealh o No4_.....""""'_42days of...~ o NclI.._~,buI_.'43days101yOlU -- o O,*""""iprogt1lllll_lhopol\yOlU 321:. PIoce of /r!Ury: Homo. Form. Strool, FOCloIY. 0IIIc. 1loJiofiIlv,"'.I~ L ~ 1Uj.!. i (A,.,Uk.. ad v a YI&.f, &Jut .hi 1<- 4t~/M-'/1f~S "Ie/"l'It:"'J"v'I 'f'11.,."; 32b. _ how Injury OCou<<ed: 32t IlTransporlallonlnjury(~ o Orivor/CpOla.. 0 PIIIIllQlIr o _1IIo. 0 01/18I- Spod(y: 33b. SignIture and TIt.. of GertiftM .,f4U2-C "U--yu~m I.) 33c. license Numbel rY10W ~S4 7S' 321l. Locotiorl (StrOlL olyIIo... '10") 33d Oot. SiQ1Ied (Momh, clay. y..,) tJ.3 - 41 / - (5?OC> & 35. 34. Name and Address of Person Who CotrlHaled CallSl of Oath (flam 27) Type/Prim 6,4,4,.,;:r/.f /V<!70,e;."/A/f::S JI rr>.:;J /Oe? /nr Allt!,.., 7)/t...lv~ -'I. 0 If. 17CJ~O 9--( o to..... 0 j 7;}- 100104jMay 6, 1997 LAST WILL AND TESTAMENT OF ARDELLA V. FLINT I, ARDELLA V. FLINT, also known as DEE V. FLINT, of Lancaster, Lancaster County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time previously made. 1. TANGIBLE PERSONALTY. I give and bequeath all of my household furniture and furnishings, automobiles, other motor vehicles, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel, articles of household or personal use or adornment, collections, artworks, boats and recreational equipment and vehicles, together with all policies of insurance thereon, to my sons, JOHN A. MOREFIELD, JR. and FREDERICK L. MOREFIELD, to be divided between them in as nearly equal shares as they shall select under the supervision of my Executor. If either of my sons predecease me, the share of my deceased son shall go to his then living children, in equal shares. If any such articles cannot be fairly divided or distributed in kind in the opinion of my Executor, such articles shall be sold and the proceeds thereof shall pass as a part of my residuary estate. i......,/ Page 1 of 13 pages C'< -; .'- ;>J" '....1 "...... d !-u(p-tJ37J- 2. RESIDUE. I give, devise and bequeath all of the rest, residue and remainder of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, including all property over which I hold a power of appointment (which powers of appointment I hereby exercise in favor of my estate), as follows: (a) One-half thereof to my Trustee hereinafter named, IN TRUST NEVERTHELESS, to be held in accordance with the provisions of ITEM 3 hereof (John's Trust). (b) One-half thereof to my Trustee hereinafter named, IN TRUST NEVERTHELESS, to be held in accordance with the provisions of ITEM 4 hereof (Fred's Trust). 3. JOHN'S TRUST. My Trustee shall have, hold, manage, invest and reinvest the assets of John's Trust, collect the income and (a) During the lifetime of my son, JOHN A. MOREFIELD, JR., my Trustee shall pay to my son, John A. Morefield, Jr., the net income derived from John's Trust in installments not less frequently than quarterly. If at my son's death he is survived by his wife, MARY ANN MOREFIELD, then following my son's death my Trustee shall pay to Mary Ann Morefield the net income derived from John's Trust in installments not less frequently than quarterly. Upon the death of the survivor of myself, my son and his wife, the then remaining assets of John's Trust shall be distributed to the issue of John A. Morefield, Jr. then living, per stirpes; provided, however, if any such issue is other than a child of John A. Morefield, Jr. and has not then attained the age of twenty-one years, each such issue's share shall be retained by my Trustee, IN TRUST NEVERTHELESS, each to be held, administered and disposed of as a separate trust estate in accordance with ITEM 5 for the benefit of each such issue (the "Grandchild's Trust") . Page 2 of 13 pages (b) During the life of my son and his wife the then income beneficiary of John's Trust shall have the right in each calendar year to withdraw from the principal of John's Trust for any purpose and from time to time (i) the aggregate sum of Five Thousand Dollars ($5,000) and, in addition thereto, (ii) at any time after December 1 and prior to the expiration of the calendar year, an amount equal to five percent (5%) of the value of the principal of John's Trust as of December 1 of said calendar year, less the aggregate amount of all prior withdrawals made by the then income beneficiary of John's Trust during said calendar year. Any withdrawal rights not exercised by the then income beneficiary of John's Trust in any calendar year shall lapse. (c) Notwithstanding the provisions of subparagraph (a) above, upon the appointment of an independent Trustee for John's Trust, as provided in ITEM 14 hereof, the independent Trustee may, in the sole discretion of the independent Trustee, pay to the then income beneficiary of John's Trust such amounts of principal of John's Trust as, in the sole discretion of said independent Trustee, shall be necessary for the maintenance, support, medical and nursing care of the then income beneficiary of John's Trust, taking into consideration any other means readily available to said income beneficiary for such purposes. 4. FRED'S TRUST. My Trustee shall have, hold, manage, invest and reinvest the assets of Fred's Trust, collect the income and (a) During the lifetime of my son, FREDERICK L. MOREFIELD, my Trustee shall pay to my son, Frederick L. Morefield, the net income derived from Fred's Trust in installments not less frequently than quarterly. If at my son's death he is survived by his wife, BETTY LOUISE MOREFIELD, then following my son's death my Trustee shall pay to Betty Louise Morefield the net income derived from Fred's Trust in installments not less frequently than quarterly. In addition, my independent Trustee described in ITEM 14(b) may at any time pay to the then income beneficiary of Fred's Trust such amounts of principal of Fred's Trust as, in the sole discretion of my Trustee, shall be necessary for the maintenance, Page 3 of 13 pages support, medical and nursing care of the then income beneficiary of Fred's Trust, taking into consideration any other means readily available to said income beneficiary for such purposes. Upon the death of the survivor of myself, my son and his wife, the then remaining assets of Fred's Trust shall be distributed to the issue of Frederick L. Morefield then living, per stirpes; provided, however, if any such issue is other than a child of Frederick L. Morefield and has not then attained the age of twenty-one years, each such issue's share shall be retained by my Trustee, IN TRUST NEVERTHELESS, each to be held, administered and disposed of as a separate trust estate in accordance with ITEM 5 for the benefit of each such issue (the "Grandchild's Trust") . (b) During the life of my son and his wife, the then income beneficiary of Fred's Trust shall have the right in each calendar year to withdraw from the principal of Fred's Trust for any purpose and from time to time (i) the aggregate sum of Five Thousand Dollars ($5,000) and, in addition thereto, (ii) at any time after December 1 and prior to the expiration of the calendar year, an amount equal to five percent (5%) of the value of the principal of Fred's Trust as of December 1 of said calendar year, less the aggregate amount of all prior withdrawals made by the then income beneficiary of Fred's Trust during said calendar year. Any withdrawal rights not exercised by the then income beneficiary of Fred's Trust in any calendar year shall lapse. 5. GRANDCHILD'S TRUST. My Trustee shall have, hold, manage, invest and reinvest the assets of each Grandchild's Trust, collect the income and (a) Until the beneficiary of the Grandchild's Trust (the "Grandchild") shall have attained the age of twenty-one years, my Trustee shall from time to time pay to or for the benefit of the Grandchild such amounts of the net income and principal of the Grandchild's Trust as, in the sole discretion of my Trustee, shall be necessary for the Grandchild's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such Page 4 of 13 pages purposes. At the end of each year any unexpended income shall be added to the principal of the Grandchild's Trust. (b) After the Grandchild shall have attained the age of twenty-one years, my Trustee shall distribute the remaining principal and any undistributed income of the Grandchild's Trust outright to the Grandchild. If the Grandchild shall have died before attaining that age, my Trustee shall distribute the then remaining principal and any undistributed income to the issue then living of the parent of the Grandchild who was a child of mine, per stirpes, or, if such parent shall have no issue then living, to my issue then living, per stirpes; provided, however, in either event, if any such issue is then a beneficiary of John's Trust, Fred's Trust or any Grandchild's Trust hereunder, the share of such issue shall be added to the principal of John's Trust, Fred's Trust or such Grandchild's Trust as if an integral part thereof, to be held, administered and disposed of in accordance with the terms thereof. 6. PERPETUITIES PROVISIONS. Nothing herein is intended to, nor shall it be construed to, postpone the vesting of any part of the assets of any separate trust estate hereunder for more than twenty-one years after the death of the survivor of me and my issue living at the time of my death. At the expiration of such period the assets of all the separate trust estates hereunder shall immediately vest in fee simple absolute in and be distributed outright to the person or persons then entitled to receive the income therefrom, whether in my Trustee's discretion or otherwise. 7. SPENDTHRIFT PROVISION. No interest in income or principal of my estate or any trust created hereunder shall be subject to attachment, levy or seizure by any creditor, spouse, Page 5 of 13 pages assignee or trustee or receiver in bankruptcy of any beneficiary of my estate or of any trust created hereunder prior to the beneficiary's actual receipt thereof. My Executor or Trustee shall pay over the net income and the principal to the beneficiaries herein designated, as their interests may appear, without regard to any attempted anticipation (except as may be specifically provided herein), pledging or assignment by any beneficiary of my estate or of any trust created hereunder and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. 8. SURVIVAL PRESUMPTIONS. Any person who shall have died at the same time as I or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased me. Any person other than me who shall have died at the same time as any then beneficiary of income of my estate or a trust created hereunder or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased such beneficiary. 9. FIDUCIARY POWERS. In the settlement of my estate and during the continuance of any trust created hereunder, my Executor and my Trustee shall possess, among others, the following powers, exercisable without prior court approval, but in all cases to be exercised for the best interests of the beneficiaries: Page 6 of 13 pages (a) To retain any investments I may have at my death so long as my Executor or Trustee may deem it advisable to my estate or trust so to do, including securities owned, issued or underwritten by any corporate Executor or Trustee or any of their affiliates. (b) To vary investments, when deemed desirable by my Executor or Trustee, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other real or personal property, including securities owned, issued or underwritten by any corporate Executor or Trustee or any of their affiliates, or as to which my corporate Executor or Trustee or any of their affiliates are investment advisors, as my Executor or Trustee shall deem wise, without being restricted to so called "legal investments" . (c) In order to effect a division of the principal of my estate or trust or for any other purpose, including any final distribution of my estate or trust, my Executor or Trustee is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Executor or Trustee shall divide or distribute said assets in a manner which will fairly allocate any unrealized appreciation among the beneficiaries. (d) To sell either at public or private sale and upon such terms and conditions as my Executor or Trustee may deem advantageous to my estate or trust, any or all real or personal estate or interest therein owned by my estate or trust severally or in conjunction with other persons or acquired after my death by my Executor or Trustee, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or Page 7 of 13 pages desirable in carrying out any of the powers conferred upon my Executor or Trustee in this paragraph or elsewhere in this will. (e) To mortgage real estate and to make leases of real estate for any term. (f) To borrow money from any party, including my Executor or Trustee, to pay indebtedness of mine or of my estate or trust, expenses of administration, Death Taxes or other taxes. (g) To pay all costs, expenses, legally enforceable debts, funeral expenses and charges in connection with the administration of my estate or trust. (h) To vote any shares of stock which form a part of my estate or trust and to otherwise exercise all the powers incident to the ownership of such stock and to actively manage and operate any incorporated or unincorporated business, including any joint ventures and partnerships, and to incorporate any such unincorporated business, with all the rights and powers of any owner thereof. (i) In the discretion of my Executor or Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate or trust. (j) To assign to and hold in my estate or trust an undivided portion of any asset. (k) To hold investments in the name of a nominee. (1) To compromise controversies. (m) To disclaim, in whole or in part, any and all interests in property owned by me at the time of my death, including those passing to me by Will, intestacy, contract, joint ownership, operation of law or otherwise. (n) To divide any trust hereunder into two or more separate, but identical, trusts. To divide any trust hereunder which would have a generation skipping Page 8 of 13 pages transfer tax inclusion ratio other than one (1) or zero (a), into two (2) separate trusts which are fractional shares, known as the "exempt trust" and the "nonexempt trust". The exempt trust is that fractional share of the total trust fund that has a generation skipping transfer tax inclusion ratio of zero (a), and the nonexempt trust is the remaining factional share of the trust, with a generation skipping transfer tax inclusion ratio of one (1). The terms and conditions of the nonexempt trust and the exempt trust will be identical. Any reference to a trust created under this Will, without a further specification or limitation, shall be deemed to refer to both the exempt trust and the nonexempt trust, in proportionate amounts, where relevant. The assets of each separate exempt and nonexempt trust shall be held, administered and invested as separate trusts, and my Trustee shall maintain adequate accounting and records for both such trusts. My Executor shall indicate on the federal estate tax return filed for my estate that separate trusts will be created (or funded) and clearly set forth the manner in which the trust is to be severed and the separate trusts funded. (o) To designate one or more persons or a corporation to act as ancillary fiduciary in any jurisdiction in which ancillary administration may be necessary, such ancillary fiduciary to serve without bond or security and to have all powers, authorities and discretions conferred hereunder. (p) To employ and compensate from income or principal, in the discretion of my Executor or Trustee, investment and legal counsel, accountants, brokers and other specialists, and, whenever there shall be no corporate Executor or Trustee in office, a corporate custodian, and to delegate to investment counsel discretion with respect to the investment and reinvestment of any or all of the assets held hereunder. 10. EXCULPATORY CLAUSES. In the settlement of my estate: (a) My Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from an election made in good faith to claim a Page 9 of 13 pages deduction as an income tax deduction or as an estate tax deduction. (b) In valuing property in my gross estate for the purposes of any Death Tax, my Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from my Executor's decision made in good faith to use a particular valua- tion date. 11. TAX CLAUSE. All inheritance, estate and similar taxes becoming due by reason of my death ("Death Taxes"), whether such Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my Executor out of the property passing under ITEM 2 of this Will as an expense and cost of administration of my estate. Except to the extent above provided, my Executor shall have no duty or obligation to obtain reimbursement for any Death Taxes paid by my Executor, even though paid with respect to proceeds of insurance or other property not passing under this Will. 12. TRUST TERMINATIONS. Subject to the restrictions set forth in ITEM 14 hereof, if, in the sole discretion of my Trustee, at any time any trust hereunder is or becomes too small to justify its maintenance as a separate trust, my Trustee, without any liability to any person or remainderman whose interest may be affected thereby and without the necessity of court approval, shall terminate such trust by distributing all the income and principal of the trust to the then income beneficiary or beneficiaries of said trust. If any additions to any such Page 10 of 13 pages trust are received after its termination under this ITEM, such trust shall be revived and this provision shall continue to apply to it. The Trustee discretion herein granted shall in no event be construed as giving any potential distributee of a trust the right to compel a termination in whole or in part of such trust. 13. EXECUTOR APPOINTMENT. I hereby appoint my sons, JOHN A. MOREFIELD, JR. and FREDERICK L. MOREFIELD, or the survivor of then, as Executor(s} of this Will. In the event of the death, resignation, refusal or inability of either of my sons to act, the survivor shall act with all the powers granted to the two of them. In the event of the death, resignation, refusal or inability of both of my sons to act as Executor, DAUPHIN DEPOSIT BANK AND TRUST COMPANY shall serve as my sole successor Executor. All references in this Will to my "Executor" shall refer to my originally named Co-Executors or to my sole successor Executor, as the case may be. 14. TRUSTEE APPOINTMENT. (a) I hereby appoint JOHN A. MOREFIELD, JR. and MARY ANN MOREFIELD, or the survivor of them, as Trustee(s} of John's Trust established under ITEMS 2(a} and 3 of this Will. Notwithstanding the foregoing, at any time during the existence of John's Trust, the then serving individual Trustee(s} may appoint an individual (other than any of their children or grandchildren) or entity having trust powers to serve as Co-Trustee with the individual Trustee(s}. In the event of the appointment of such additional individual or corporate Trustee, said additional individual or corporate Trustee shall, in its sole judgment, determine when it is appropriate to (i) distribute principal of John's Trust to or for the benefit of the then income beneficiary of John's Trust; and (ii) make a discretionary determination of the Trustee to terminate the Trust Page 11 of 13 pages pursuant to the powers under ITEM 12 hereof. In no event shall John A. Morefield, Jr. and/or Mary Ann Morefield participate in Trustee decisions applicable to discretionary invasions of principal of John's Trust under ITEM 3{c) or termination of John's Trust under ITEM 12 hereof. (b) I hereby appoint FREDERICK L. MOREFIELD, BETTY LOUISE MOREFIELD and O. LELAND MAHAN, or the survivor(s) of them, as Trustee(s) of Fred's Trust established under ITEMS 2(b) and 4 of this Will. Notwithstanding the foregoing, at any time during the existence of Fred's Trust, Frederick L. Morefield and Betty Louise Morefield, or the survivor of them, may remove, without cause and without court approval, O. Leland Mahan, and replace him with another individual (other than any of their children or grandchildren) or entity having trust powers to serve as Co-Trustee with them or the survivor of them. O. Leland Mahan, or any Trustee appointed as his successor, shall, in his sole judgment, determine when it is appropriate to (i) distribute principal of Fred's Trust to or for the benefit of the then income beneficiary of Fred's Trust; and (ii) make a discretionary determination of the Trustee to terminate the Trust pursuant to the powers under ITEM 12 hereof. In no event shall Frederick L. Morefield and/or Betty Louise Morefield participate in Trustee decisions applicable to discretionary invasions of principal of Fred's Trust under ITEM 4(a) or termination of Fred's Trust under ITEM 12 hereof. (c) I appoint my sons, JOHN A. MOREFIELD, JR. and FREDERICK L. MOREFIELD, and DAUPHIN DEPOSIT BANK AND TRUST COMPANY, or the survivor(s) of them, as Trustee of any Grandchild's Trust established under ITEM 5 hereof. So long as the issue of any individual Trustee is the beneficiary of any Grandchild's Trust created under ITEM 5 hereof, such individual Trustee shall not (i) participate in any discretionary determination of the Trustee to distribute principal or income of such trust to or for the benefit of his issue; or (ii) participate in any discretionary determination of the Trustee to terminate the Trust under ITEM 12 hereof. (d) In all cases hereunder, an individual Trustee shall be deemed to have failed to serve as Trustee if, among other reasons, the then treating physician of said individual Trustee shall certify in writing that such Page 12 of 13 pages Trustee possesses permanent or physical incapacities which preclude such Trustee from discharging his or her duties as Trustee hereunder. In addition, any Trustee serving hereunder shall have the right to resign from such office at any time, with or without cause and without court approval. No successor Trustee shall be liable for the actions of a resigning or removed Trustee occurring prior to such successor Trustee taking office. All references in this Will to my "Trustee" shall refer to the Trustees herein provided and any successor Co- Trustees or sole successor Trustee, as herein provided, as the case may be. 15. WAIVER OF BOND: FIDUCIARY FEES. Any Executor or Trustee shall qualify and serve without the duty or obligation of filing any bond or other security. Any individual fiduciary shall be entitled to reasonable hourly compensation based upon the time actually devoted by said fiduciary to his or her duties. Any corporate fiduciary shall be entitled to compensation for services in accordance with the standard schedule of fees in effect when the services are rendered. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding thirteen (13) pages, this 3 C <:!--da(i:ili ::"~ ~~ 199:~EALJ Page 13 of 13 pages Ardella V. Flintn. 4- ~AtOa... ~.::r-~ We, the undersigned, hereby certify that the foregoing Will was 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 and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memo ~~~W- (SEAL) (SEAL ) Residing at: r l 'i ~~ lZd, ~~:::t)r \. ~[~+vr. ?Y1- Residing at: