HomeMy WebLinkAbout07-12-06
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Register of Wills of Cumberland County
Estate of Tl.o Bl e- T c... O' tJ c..l <.-L-
also /a1own as
PETITION FOR PROBATE and GRANT OF LETTERS
~ \ - b Lq .~ () to I- )-
No.
To:
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
, Deceased.
Social Security No. Z I 3, Zl;- ~ iP"'1 I
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older, and the executM named in the last will of the
above decedent, dated ~ 0 \I (~ t'Y1 ~ t/f2- G , ~ \ l.\ ct 4
and codicil( s) dated
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in ~M Y'Y',€>t2-Lf\t-JD
Pennsylvania, with h!..$last family or principal residence at
1~5D S\t\JDpF.... \)R.\ \lc- , 60 \ L-\ Nt1 Sf''{2.-\ \'l qS
(list street, number and municipality)
County,
Decedent, then 1.1 years of age, died JLA nPJ \ q , 20 Ow , at t,Ly\ '{2.E:-\'))bN\" \2.S\-\4\~ -t Nu e-.S) tJ 9 .
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:
$ J.\~G
$
$
$
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L.l -JJ I C no
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented
herewith and the grant ofletters
(testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
thereon.
Signature(s) ofPetitioner(s)
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Residence( s) of Petitioner( s)
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Re~merofVVillsofCumberlandCoun~
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA
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SS:
COUNTY OF CUMBERLAND
The petitioner(s) above-named swear(s) or affrrm(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 above
decedent petitioner(s) will well and truly administer the estate according to law.
Sworn to or affIrmed and,ubscribed
. h...
Before 'II this I day, of
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Estate of
No. g/-Ow--OlR d-r'
/lJ Prl C. o4/il,Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW ~d-j I'J-- 20iJb, in consideration of the petition on the reverse side
hereOf,~ati.sfactOry p ofruJing been presented before me, IT IS DECREED that the ins.trument(s), dated
It ~! q q I' . described therein be admitted to probate filed of record as the \ast will of
_ 1k -I (' 0 '/)f'rll ; and Letters are hereby granted to L- ~ 1/1 u- '1'1' () neft!
FEES
Probate, Letters, Etc. ............. $
Will................................. $
Renunciation....................... $
Short Certificates (f l) ............ $
JCP.................................. $
Automation Fee................... $
Bond.. . .. . . .. . . . . . .. . .. . .. . . . . .. . .... $
1'otal $
Filed 1/ (J./- 200 b
L~~ ;it/if/ ..2bd~7L
Register of Wills
71 () .{In ~ e /t~ 14-/
/ s: 00 Attorney (Sup. Ct. LD. No.)
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Address
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Phone
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H 105.805 REV 1105
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.
No.
~,t7wI ~
Local Registra(
Fee for this certificate, $6.00
p
12535916
JUN 2 t 2006
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Yrs.
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH STATE FILE NUMBER
H105.143 Rev. 01U
TYPE/PRINT IN
PERMANENT
BLACK INK
1. Harre 01 Deced"" (FIrSt. niddIe. Iasl)
Robert C. O'Neill
S.~(laslbirthday)
3. Social Security Nurrber
213-2.9-7671_
.. Oalo 01 Oeath (MoNIl. day. yoOJ)
June 19, 2006
CU\ti:)er land
Middlesex Twp.
10. Race: American In:jian. BlIck. 'Nhle, lie.
(SpociIy)
White
81:1. County 01 Death
11, Decedent's Uul Occ lion ind of wolk done
Ki1dolWork
Manager/Sales
16. Oecedenl's Mailing ~ess (Street, cityAown, slale, zip codel
13. DBC8denI's Education
Elemonlo'l'/SecondaIy 10-'2)
h'
~1"'OlS+)
OidDecedenl.
Uve in a
Township'?
14. MatiatS\atus:Malried.NevelmarriBd.
W_DiYo<cod(SpociIy)
Married
15. 5wvivllg SpousI (If wile. oNe rnaijen name)
'7b. CoorIy
PA
Cumberland
He. Ii Yes. Decedenli Lived in
Louise Simonson
S. Middleton
TW\>.
17a. SIal8
1350 Swope Dr.
Boiling Springs PA 17007
17d. 0 No. OeceQenl!.Ned wIhin
Acl....LnQoI
ClyiBoro
18. Falher's Name (First. middle,lasI)
Constantine O'Neill
19. UtCher's Name (FISt. niddIe, maiden surname)
Vera O'Neill
201. Informanl's Name (TypaIprint}
Louise O'Neill
2Ob.lnk>Inwll'sllaiilo_(Slreet.cilyllown.sIalo.,.,-)
1350 SWOpe Dr., Boiling Springs PA 17007
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o Rem:lYal from Stale
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21c. Place 01 DilposIion (Name 01 cemetery, crerna!ory or oth. place)
Yorktowne Cremation
219 N. Hanover
2.-.\.1~ \O~~~;,\
2.. TIITl8 ofOealh 25. Dale Pronounced Dead (Month. day, year)
1').5";).. ~M :fi..A"'.Q" 1'9) ';;>00(0
CAUSE Of DEATH (See _ and ...mpIes)
Item 27. Part I: Enler the ~ _ diseases, injuries, or compicalions -lhat dfectly caused the death. DO NOT entel telTTinal events suctl as cardiac arrest.
fespiatory anes\. orventrCular M:>>'illalim wilhouI showIIg!he etioklgy. DO NOT abbreviale. Enleroniy' one cause on a line.
lIlMEOlATECAUSEIFlnIldiseasaOl IN_rr"o.I
condIiJnresulinOindeattl) ~ a.
. Due 10 {or as a consequenceJll)h A_-r
Sequential\! ist condlions. i any. b. .> " ""
. :~: ~u:.-~ed;= a. Cueto (or as a consequence 01):
. (diseaseorinjuryltlalin~ialedlhl
everts resullilg in death) LAST.
1'1) .:lc~<..
~iIllorval:
onset 10 d8l1h
Did T obac<o Use ConlIi>uto to Death?
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29. If Fel11lle:
o NoI pregnant wthin past Vetil
DPr~attirNofdealh
o NoIpr_....pr_nt_.2days
ol_
D Nolpr_,...pr_nl43daySto,year
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O Untmownipr__tIlepast_
32c. Placeollnjury:Home,Farm.Street.Fadofy.Odi:e
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Due 10 (Of as a consequence 01):
301. Was an AutopSy
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n.WlfeAutopsyFindings
Avdable Prior 10 Conl"etion
of Cause 01 Death?
o Yes a No
31. Manner of Death
l!!"'Natural OHomicde
C kci:lent C PendinglO'lestigalion
o Suicde 0 Could No! Be Delermried
320. Oalo oflojury (Month. day. year)
32b. 0.....,. _l<\jury Occurred:
331. Certtlier (clIed< on~ one)
CIrtItyIng physician (Physician cBltilying cause 01 deaItl when another physician has pronounced dealtl and COfT't)Ieted Rem 23)
To the bill 01 mr knowlldgt. death occurred due to the cause(s) and nnner as.tated _~.__.___R
Pronouncing ,nd certifying physician (Physician bolh pronouncing death and certifYing 10 cause of death)
To""'..... oj "'Itcnowledgt, _ aceunod at "'" ,..., _ and plaCe, and d.. to "'" cauMl.) and ....MII' as statod
Medicil uamineffconmlr
On the basis of uamlnal:ion andlor Investigation. In "'t opinkKt. datil occurNd at the time, dale. and p5lca, and due 10 the eausef.sl and ....... as staI8d _..0
s SjJlIhI't and QisIricI N
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32g. Location (SIIeel cilyllown. sIalo)
32<1. Tvneoltnjuoy
328. In;.y at Wor'(?
OYesDNo
M.
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33<1. Oalo Signed (MonlI1. day. ylOl)
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pl.1 J l."tl 1 IV I J "iI..... ;.v jNul(J
(See instructioll$ and examples on reverse)
34. ....... end -."oIP1lson Who Con1>Ieted Causool Death 11Iom2/) TYf*'Prid
li671",tlSr ,..,. "/e;!fdF', "";>
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LAW OffiCES OF
i.COBSEN & MILKES
52 EAST HIGH STREET
'ARLlSLE, PA 17013-3085
(717) 249-6427
II
~~iIlmWWmtmneuf
OF
ROBERT C. O'NEILL
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I, ROBERT C. O'NEILL, uf Cumberland County, Pennsylvania, being
of sound mind and memory do make, publish and declare this to be my Last
Will and Testament her~by revcking all prior wills and codicils heretofore
made by me.
FIRST
I direct that my funeral be conducted in accordance with the wishes I
have made known to my Executrix, hereinafter named.
SECOND
I direct the payment of my debts and funeral expenses from my estate as
soon after my death as conveniently may be done. I direct that my Executrix
shall pay all inheritance, estate, succession and legacy taxes to which my
estatp or the transf8f of any property herennder may be subject, and to charge
such taxes as part of the expenses of administration, payable as a result of my
death and imposed with respect to any property, whether or not disposed of by
this Will, shall be paid out of the Residuary Trust established pursuant to
Article FIFTH of this Will.
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~OBSEN & MILKES
EAST HIGH STREET
RLlSLE. PA 17013-3085
(717) 249-6427
II
THIRD
I gIve, devise and bequeath to my Executrix, those certain items of
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treasured personal property or other assets owned by me at the time of my
death and listed on an Addendum to be attached to this, my Last Will and
Testament, or otherwise identified to my Executrix. I request that she
distribute the items mentioned in accordance with the wishes I have made
known to her, including the distribution of certain of those items or assets as
charitable bequests to charities which I have identified to her, or directed her
to identify on my behalf.
FOURTH
I am married to LOUISE M. O'NEILL, referred to in this Will as "my
Spouse." I have five children who are now living, MARGARET MATHE,
PATRICIA TRANSUE, ELIZABETH BOLTON, ROBERT A. O'NEILL,
and CONSTANCE L. O'NEILL.
FIFTH
SECTION 1. RESIDUE - SURVIVAL OF SPOUSE
If my Spouse survives me, I give all the rest of the assets that I may own
at the time of my death (including any property over which I may have a power
of appointment) to the Trustees named in this Will, in trust, to be divided
between two separate Trusts, referred to in this Will as the "Marital Trust"
and the "Residuary Trust." The Trustees may hold undivided interests in
property in each of the Trusts.
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LAW OFFICES OF
ACOBSEN & MILKES
52 EAST HIGH STREET
:ARLlSLE. PA 170\3-3085
(717) 249-6427
II
SECTION 2. RESIDUE - PRIOR DECEASE OF SPOUSE
If my Spouse does not survive me, then all of the rest of the assets that I
may own at the time of my death (including any property over which I may
have a power of appointment) I give to the Trustee named in this Will, to be
held as part of the Residuary Trust as provided in Articles SEVENTH and
NINTH of this Will.
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SECTION 3. RESIDUE - SIMULTANEOUS DEATH
If my Spouse and I should die simultaneously, or under such
circumstances as to render it difficult or impossible to determine who
predeceased the other, my Spouse shall be conclusively presumed to have
survived me for the purposes of the marital deduction.
SIXTH
SECTION 1. MARITAL TRUST - PECUNIARY FUNDING
FORMULAThe Marital Trust shall consist of assets which, when added to
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the final estate tax value of all other property included in any gross estate
which passes to my Spouse and which qualifies for the federal estate tax
marital deduction, will entitle my estate to the minimum federal estate tax
marital deduction, allowable in determining the federal estate tax payable by
reason of my death, necessary to reduce my taxable estate to an amount on
which no federal estate tax is due and the federal unified credit available to
my estate is fully utilized.
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LAW OFFICES OF
COBSEN & MlLKES
2 EAST HIGH STREET
.RLISLE. PA 17013-3085
(717) 249-6427
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SECTION 2. MARITAL TRUST - SELECTION AND VALUATION OF
ASSETS
The marital deduction amount shall be satisfied in cash or in kind, or
partly in each, with assets selected by my Executor from those that are
includable in my gross estate and that qualify for the marital deduction for
federal estate tax purposes. The assets so allocated in kind shall be
considered to satisfy the marital deduction amount on the basis of their value
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at the date or dates of distribution to the Marital Trust.
SECTION 3. CONFORMITY WITH INTERNAL REVENUE CODE
It is my intent that the Marital Trust shall qualifY for the marital
deduction for federal estate tax purposes, and that the provisions of this Will
relating to the marital deduction shall comply with Section 2056 of the
Internal Revenue Code. The provisions of this Will shall be construed to
conform to my intent and, to the extent that any provision cannot be so
construed, it shall be deemed void. Neither my Executrix nor the Trustees
shall take any action or have any power that will impair the marital deduction,
and all provisions of this Will regarding the Marital Trust shall be interpreted
to conform to that objective. The terms "gross estate," "marital deduction," and
"interests in property that pass or have passed," as used in this Will, shall have
the same meanings as they have under Section 2056 of the Internal Revenue
Code.
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LAW OFRCES OF
:OBSEN & MILKES
EAST HIGH STREET
~USLE. PA 17013-3085
(717) 249-6427
II
SEVENTH
The rest, residue and remainder of my estate, I gIve to the Trustee
named in this Will, to be held as the "Residuary Trust."
EIGHTH
SECTION 1. MARITAL TRUST: PAYMENT AND DISTRIBUTION
The Trustee shall pay to or apply for the benefit of my Spouse, from the
time of my death for her lifetime, all of the net income of the Marital Trust in
monthly or in other installments, but in no event less often than annually.
If at any time in the discretion of the Trustee, my Spouse should be in
need of additional funds for her proper care, maintenance, or support, the
Trustee, in addition to the income payments provided for above, shall in the
Trustee's discretion pay to or apply for the benefit of my Spouse amounts from
the principal of the Marital Trust, up to the whole of the principal, that the
Trustee from time to time shall deem advisable.
My Spouse shall have the right, from time to time, to direct the Trustee
in writing to pay to her or to apply for her benefit such amounts from or
portions of the principal of the Marital Trust, up to the whole of the principal,
as she may designate. The Trustee shall comply with any such written
directions and shall have no responsibility whatsoever to inquire into or
determine for what purpose any withdrawals are made.
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SECTION 2. DISTRIBUTION ON DEATH OF SPOUSE
On the death of my Spouse, the Trustee shall distribute the then
remaining balance of the corpus of the Marital Trust, including all principal
and accrued or undistributed income, to the person or persons, including the
estate of my Spouse, as my Spouse shall appoint. This power of appointment is
exercisable by my Spouse alone and in all events. The appointment shall be in
the amounts or proportions and on the terms and conditions, either outright or
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in trust, as my Spouse shall appoint in her Last Will duly admitted to probate
and specifically referring to and exercising this power of appointment, whether
] or not her Will is executed before or after my death. Before distributing the
~ balance of the corpus, the Trustee shall pay any inheritance, estate, or other
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death taxes that may be due by reason of the death of my Spouse in connection
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with her interest in the corpus of the Marital Trust. Any part of the principal
and accrued or undistributed income of the Marital Trust that is not effectively
appointed by my Spouse shall be added to and held and/or distributed as a part
of the Residuary Trust.
NINTH
SECTION 1. RESIDUARY TRUST: PAYMENT AND DISTRIBUTION
TO SPOUSE
The Trustee shall pay to or apply for the benefit of my Spouse during
her lifetime all of the net income of the Residuary Trust in monthly or other
convenient installments, but in no event less often than annually. If at any
LAW OFFICES OF
:OBSEN & MILKES
EAST HIGH STREET
~L1SLE. PA 17013-3085
(717) 249-6427
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LAW OFFICES OF
:OBSEN & MlLKES
EAST HIGH STREET
~LISLE. PA 17013.3085
(717) 249-6427
II
time my Spouse should be in need of additional funds for her proper
maintenance and support, then the Trustee, in addition to the income
payments provided, shall pay to or apply for the benefit of my Spouse, such
additional funds.
In the event of the death of my Spouse or on my death if my Spouse
predeceases me, the Trustee shall divide the corpus of the Residuary Trust into
five (5) equal shares and to distribute those shares as follows:
One such share outright to my daughter, MARGARET MATHE;
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One such share outright to my daughter, PATRICIA TRANSUE;
One such share outright to my daughter, ELIZABETH BOLTON;
One such share outright to my son, ROBERT A. O'NEILL; and
One such share to the Trustee named in the AGREEMENT OF
TRUST OF ROBERT C. O'NEILL and LOUISE M. O'NEILL, to be held
and used for as part of the SPECIAL NEEDS TRUST OF CONSTANCE L.
O'NEILL.
In the event that any of my children predecease me, or shall fail to
survive me by ninety (90) days, and such deceased child or stepchild is survived
by living spouse, then I hereby direct that any outright distribution due
hereunder to such deceased child shall be distributed outright to the surviving
spouse of my deceased child.
In the event that my deceased child shall not be survived by living
spouse, or that such spouse shall fail to survive me by ninety (90) days, then I
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LAW OffiCES OF
'OBSEN & MILKES
EAST HIGH STREET
~LISLE, PA 17013-3085
(717) 249-6427
1 i
hereby direct that the distribution due hereunder to such deceased child shall
be distributed to, or for the benefit of the surviving issue of my deceased
child, per stirpes. If the beneficiary is under the age of twenty-five years,
such distribution shall be paid to and held by the guardian or guardians, if
any, of such beneficiary, or by my Trustees, named herein, IN TRUST
NEVERTHELESS, for the benefit of beneficiary. At such time as the
beneficiary reaches age twenty-five (25), the principal balance and any
accrued interest should be distributed to that child, and the trust will then
terminate. In the event that any of my children shall predecease me, or
shall fail to survive me by ninety (90) days, and such deceased child is not
survived by spouse or living issue, then I hereby direct that the distribution
due to such deceased child shall be distributed as part of my residuary estate
to or for the benefit of my other children, or his or her survivors, as provided
herein.
The term
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issue,
means lawful issue and includes legally adopted
children.
TENTH
SECTION 1. MINORITY OR INCAPACITY OF BENEFICIARY
If any beneficiary entitled to receive income or principal from the trust is
under the age of twenty-five (25), or is a minor or an incapacitated person or a
person whom the Trustee deems incapable or unable to handle funds properly
or wisely if paid directly to the beneficiary, the Trustee, in the Trustee's
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LAW OFFICES OF
:OBSEN & MILKES
EAST HIGH STREET
~L1SLE. PA 17013-3085
(717) 249-6427
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discretion, may make payments directly to the beneficiary, to his or her
guardian, or conservator, directly for the care, support, maintenance, or
education of the beneficiary, or to any person or organization furnishing care,
support, maintenance, or education for the beneficiary.
SECTION 2. ALIENATION OR ENCUMBRANCE
No beneficiary or remainder beneficiary of any Trust hereunder shall
have any right or power, except as otherwise specified, to sell, transfer, assign,
pledge, mortgage, alienate, or hypothecate his or her interest in the principal
or income of the trust estate in any manner whatsoever. To the fullest extent of
the law, the interest of each and every beneficiary and remainder beneficiary
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shall not be subject to the claims of any of his or her creditors or liable to
attachment, execution, bankruptcy proceedings, or any other legal process. The
Trustee shall pay, disburse, and distribute principal and income of the trust
estate only in the manner provided for in this Will and not on any attempted
transfer or assignment, whether oral or written, of any beneficiary or
remainder beneficiary nor by operation of law.
ELEVENTH
Each of my Trustees, in addition to all other powers and discretion
granted by this Will or by law, shall have the following powers and discretion,
subject to any limitations specified elsewhere in this Will:
(1) To continue to hold or abandon any and all property or interest
therein received by the Trustee or subsequently added to the trust estate or
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LAW OffiCES OF
OBSEN & MlLKES
EAST HIGH STREET
LISLE. PA 17013-3085
(717) 249-6427
II
acquired by my Trustee, to sell or lease for any purpose for cash or on deferred
payments at public or private sale, to exchange, to convey, to grant or purchase
an option involving any real or personal property of the trust estate.
(2) To invest and reinvest in every kind of property, real, personal, or
mixed, and every kind of investment, including, but not limited to, corporate
obligations and stocks of every kind, to hold securities or other trust property
in such name as the Trustee shall deem appropriate, and to exercise respecting
such securities or property all the rights, powers, and privileges of an owner.
(3) To continue and operate, to sell or to liquidate, any business or
partnership interests received by the trust estate.
(4) To manage, control, improve, repair, alter, develop, assIgn,
subdivide and improve any real and personal property belonging to the trust
estate.
(5) To borrow money for any trust purpose from any person or source,
on the terms and conditions deemed appropriate by the Trustee and to obligate
the trust estate for repayment; to encumber the trust estate or any of its
property by mortgage, deed of trust, pledge, or otherwise, and to replace,
renew, and extend any encumbrance and to pay loans or other obligations of
the trust estate deemed advisable by the Trustee.
(6) To procure and carry insurance at the expense of the trust estate.
(7) To enforce any deed of trust, mortgage, or pledge held by the trust
estate, to extend the time of payment of any obligation owed to the trust estate,
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LAW OFFICES OF
:OBSEN & MlLKES
EAST HIGH STREET
~LISLE. PA 17013-3085
(717) 249-6427
11
and to purchase at any sale thereunder any property subject to any such
obligation.
(8) To compromIse, submit to arbitration, release with or without
consideration, to commence or defend litigation, or otherwise determine or
adjust claims in favor of or against the trust estate.
(9) To pay all taxes, assessments, compensation of the Trustee, and
all other expenses incurred in the administration, and protection of the trust
estate.
(10) To employ any attorney, investment adviser, accountant, broker,
tax specialist, or other agent deemed necessary, and to pay from the trust
estate reasonable compensation for all services performed by any of them.
(11) On any partial or final distribution of the trust estate, to
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apportion and allocate the trust assets in cash or in kind, or in undivided
interests, and to sell any property deemed necessary by the Trustee to make
the distribution.
(12) To do all the acts, to take all the proceedings, and to exercise all
the rights, powers, and privileges which an absolute owner of the property
would have, subject always to the discharge of the Trustee's fiduciary
obligations; the enumeration of certain powers in this Will shall not limit the
general or implied powers of the Trustee; the Trustee shall have all additional
powers that may now or hereafter be conferred on the Trustee by law or that
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may be necessary to enable the Trustee to administer each Trust in accordance
with the provisions of this Will, subject to any limitations specified in this Will.
(13) None of the powers or discretion granted in any provision in this
Will to the Trustee shall be exercised in a manner inconsistent with the
allowance of the full federal estate tax marital deduction to which my estate
would otherwise be entitled, regardless of any provision in this Will to the
contrary.
1WELFTH
Each of my Trustees shall have power to allocate receipts,
disbursements, and losses to principal or to income, in accordance with
generally accepted accounting practices. However, the Trustee shall make no
allocation of any receipt to principal or any disbursement to income if such
allocation would result in my Spouse's receiving less income from the Marital
Trust than that to which she otherwise would be entitled under Pennsylvania
Ii
law if there were no provision in this instrument dealing with such allocations.
THIRTEENTH
I appoint my wife, LOUISE M. O'NEILL, as Trustee of the Marital
Trust established under this instrument, and to serve without bond. If my wife
is unable or unwilling to act or to continue to act as Trustee of the Marital
II
I'
Trust, then I appoint my son, ROBERT A. O'NEILL, as my Trustee in her
stead, with the same powers, rights, discretion, obligations, and immunities. If
my son is unable or unwilling to act or to continue to act as Trustee, then I
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appoint my daughter, PATRICIA TRANSUE, as my Trustee in his stead with
the same powers, rights, discretion, obligations, and immunities.
I appoint my son, ROBERT A. O'NEILL, as Trustee of the Residuary
Trust established under this instrument, and to serve without bond. If my son
is unable or unwilling to act or to continue to act as Trustee of the Marital
Trust, then I appoint my daughter, PATRICIA TRANSUE, as my Trustee in
his stead, with the same powers, rights, discretion, obligations, and
imm unities.
Each of my Trustees hereunder shall receive reasonable and just fees for
any and all ordinary and extraordinary services rendered.
FOURTEENTH
I nominate and appoint my wife, LOUISE M. O'NEILL, as Executrix of
this my Last Will and Testament, to serve without bond or security of any type
for any purpose whatsoever, and I hereby authorize, empower and direct her to
sell and convey, by good and sufficient deed, in fee simple estate, any and all of
my real estate, at public or private sale, for such price or prices, upon such
terms and conditions, as she, in her judgment, determines is best for my estate,
and to that end to sign, seal, execute, acknowledge and deliver all deeds or
other instruments necessary therefor, as effectively as I could do if I were
personally present. My Executrix shall have all of the power and authority
granted a personal representative under presently existing Pennsylvania
statutes, and such additional powers and authorities as may be granted under
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Pennsylvania statutes existing at the time of my death and all of the powers
and authority conferred by this Will on my Trustees.
I authorize my Executrix to pay such debts, funeral expenses,
administration expenses, and taxes, which may be chargeable against my
estate from my estate prior to any distribution.
In addition, I authorize my Executrix to make any election permitted by
any tax law and no adjustment of any kind shall be made between or among
beneficiaries because of the exercise of any of the powers of this Article.
I direct that my estate be settled without the intervention of any court,
except to the extent required by law; and that my Executrix shall settle my
estate in such manner as shall seem best and most convenient to her, and I
empower the same to mortgage, lease, sell, exchange and convey the real and
personal property of my estate, without an order of court for that purpose, and
without notice, approval or confirmation, and in all other respects to
administer and settle my estate without the intervention of any court.
My Executrix shall be entitled to take reasonable and just compensation
for her time and expense incurred in the execution of my Will. In the event
that my wife is unable or unwilling to serve, then I nominate and appoint my
son, ROBERT A. O'NEILL, to so serve, and to serve without bond, and grant
to him all the powers and authority that I have herein granted to my first
named Executrix. In the event that my son is unable or unwilling to serve,
then I nominate and appoint my daughter, PATRICIA TRANSUE, to so
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, EAST HIGH STREET
RLISLE. PA 17013-3085
(717) 249-6427
i I
serve, and to serve without bond, and grant to her all the powers and authority
that I have herein granted to my first named Executrix
FIFTEENTH
It is my intention that assets in the Marital Trust shall qualify for the
federal estate tax marital deduction. It is my intention that any assets in the
Residuary Trust shall not qualify for the federal estate tax marital deduction.
To this end my Executrix shall not elect under Internal Revenue Code Section
2056(b )(7) or any comparable section in effect at my death for the assets in the
Residuary Trust to qualify for the federal estate tax marital deduction.
SIXTEENTH
If any provision of this Will or any Codicil to this Will is held to be
inoperative, invalid, or illegal, it is my intention that all of the remaining
provisions shall continue to be fully operative and effective so far as is possible
and reasonable.
IN WITNESS WHEREOF, I have hereunto set my hand and Seal to
this, my Last Will and Testament, consisting of ~ typewritten pages, the
first 1!:L of which bear my signature in the margin for the purpose of
identification, this s+c.. day of November 1999.
R~c. CJI~
ROBERT C. O'NEILL
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:OBSEN & MILKES
EAST HIGH STREET
~LISLE. PA 17013.3085
(717) 249-6427
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SIGNED, SEALED, PUBLISHED AND DECLARED by the above
named Testator, as and for his Will, in the presence of us, who, at his
request, in his presence, and in the presence of each other, have hereunto
subscribed our names as witnesses in attestation thereof.
(' I . :-J /~ II 1 J /" --1 II II "f1 '
~J.J)cwJ\ K l.-L a J:. residing at <6 { '4-- (,t(,r '\ L(..l tx~'
CCLzLvl.c e f~ {}OL3
j
QQ rCJc-
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residing at
Cq r~ I ~ s \ e
FA \70/S
COMMONWEALTH OF PENNSYLVANIA
:ss
COUNTY OF CUMBERLAND
I, ROBERT C. O'NEILL, having been duly qualified according to law,
acknowledge that I signed the foregoing instrument as my Will, and that I
signed it as my free and voluntary act for the purposes therein expressed.
~+-- C, 8 'YkMLP
ROBERT C. O'NEILL
We, having been duly qualified according to law, depose and say that
we were present and saw the Testator sign the foregoing instrument as his
Will; that he signed it as his free and voluntary act for the purposes therein
expressed; that each of us in his sight and hearing and at his request signed
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EAST HIGH STREET
~L1SLE, PA 17013-3085
(717) 249-6427
II
the Will as witnesses; and that to the best of our knowledge he was at that
time 18 or more years of age, of sound mind and under no constraint or undue
influence.
()~~)lJ)~~\ ,\-\ t]Cl~Witness
(laC'>}L
l
Witness
Subscribed, sworn to or affirmed,
and acknowledged before me by the
above named Testator and by the
witnesses whose names appear
opposit~)ID' . r--' .199~9. ... '
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ARY PUBLI
NOTARIAL SEAL
...... w. MILKES. HelAAY PUBLIC
CIIII* . 8ORO. CUMBERlAND CO.. PA
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