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Home My WebLink About08-16-06 CHARLES W. RUBENDALL II ROBERT L. WELDON EUGENE E. PEPINSKY, .JR. .JOHN H. ENOS m GARY E. FRENCH DONNA S. WELDON BRADFORD DORRANCE .JEFFREY S. STOKES ROBERT R. CHURCH STEPHEN L. GROSE R. SCOTT SHEARER ELYSE E. ROGERS CRAIG A. LONGYEAR .JOHN A. FEICHTEL DONALD M. LEWIS m STEPHANIE KLEINFELTER ERIC R. AUGUSTINE TODD F. TRUNTZ CAROL L. VERISH KEEFER WOOD ALLEN & RAHAL, LLP ATTORNEYS AT LAW 210 WALNUT STREET P. O. BOX 11963 HARRISBURG, PA 17108-1963 ESTABLISHED IN 1878 OF COUNSEL: HEATH L. ALLEN N. DAVID RAHAL SAMUEL C. HARRY PHONE (7171 255-8000 WEST SHORE OFFICE: 415 FALLOWFIELD ROAD CAMP HILL, PA 17011 17171612-5800 EIN No. 23-0716135 www.keeferwood.com WRITER'S CONTACT INFORMATION: August 16, 2006 (717) 255-8059 Fax: (717) 255-8003 E-Mail: rchurch@keeferwood.com VIA HAND DELIVERY Glenda Farner Strasbaugh, Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013-3387 Re: Estate of Russel E. Allyn, deceased Cumberland County a.C.D. No. 2005-01035 Dear Ms. Strasbaugh: As counsel for the Co-Executors in the above-referenced estate, I enclose for filing in this matter the Disclaimer of Pecuniary Legacy to Mary E. Allyn (the "Disclaimer"). I've also enclosed a check in the amount of $5.00 to cover the filing fee, as well as an additional copy of the Disclaimer. Please file-stamp the copy of the Disclaimer and return it to my messenger. Thank you for your assistance in this matter. Very truly yours, KEEFER WOOD ALLEN & RAHAL, LLP ) /) p7/ 1 .,) J<..J \'Lf'~' By: Robert R. Church RRC/kpf Enclosures cc: Crystal U. Hackett, Co-Executor (wi encl.) J. Kenneth Lowrie, Co-Executor (wi encl.) +-) C') \..P IN THE MATTERS OF THE ESTATES OF RUSSELL E. ALLYN, DECEASED AND MARY E. ALLYN, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS ' COURT DIVISION NOS. 2005-01035 and 2006-00134 DISCLAIMER OF PECUNIARY LEGACY TO MARY E. ALLYN THIS INSTRUMENT, made this 15th day of August, 2006, by J. Kenneth Lowrie and Crystal U. Hackett, in their fiduciary capacities as Co-Executors of the Estate of Mary E. Allyn, deceased (collectively, the "Wife's Executors") and as Co-Executors and Co-Trustees of the Estate and Testamentary Trust of Russell E. Allyn, deceased (collectively, "Husband's Fiduciaries"), WITNESSETH: THE CIRCUMSTANCES leading up to the execution of this Instrument are as follows: 1. Russell E. Allyn (the "Husband"), a married man, late of the Borough of Camp Hill, Cumberland County, Pennsylvania, died testate on November 17,2005. The Husband was survived by his wife, Mary E. Allyn (the "Wife"), and by the couple's two adult children, Susan J. Ratcliff and Linda M. Lowrie (collectively, the "Daughters"). 2. The Wife subsequently died testate on February 6,2006, also a resident of Cumberland County, Pennsylvania. 3. On November 29,2005, the Register of Wills of Cumberland County, Pennsylvania (the "Register") issued Letters Testamentary to J. Kenneth Lowrie and Crystal U. Hackett as Co-Executors of the Husband's probate estate (the "Husband's Estate"), entered to File No. 2005-01035. V' "-"'1 , ( .', \...::) 4. On February 10,2006, the Register issued Letters Testamentary to J. Kenneth Lowrie and Crystal U. Hackett as Co-Executors of the probate estate of the Wife (the "Wife's Estate"), entered to File No. 2006-00134. 5. The Husband's Last Will and Testament, dated August 6,2004 (the "Husband's Will"), provides, in Article VII thereof, a pecuniary formula legacy to the Wife, outright, in the amount of the Husband's maximum marital deduction for federal estate tax purposes (the "Legacy"). Article VIII of the Husband's Will gives the residue of the Husband's Estate to Crystal U. Hackett and J. Kenneth Lowrie as Co-Trustees of the Allyn Family Trust, to be established under Article IX of the Husband's Will. Under the terms of said Article IX ofthe Husband's Will the Wife receives lifetime income and principal benefits from the Allyn Family Trust. Upon her death the residue of the Allyn Family Trust is distributable to the Daughters, outright and free of trust. 5. The Wife's Last Will and Testament, dated May 17, 1997 (the "Wife's Will"), provides, in Article X, Paragraph (5), as follows: (5). My Executor and my Trustee are authorized and empowered to disclaim any interest, in whole or in part, of which I, my Executor, or my Trustee, may be the beneficiary, designee, or legatee, by executing an appropriate Instrument (in accordance with section 2518 of the Internal Revenue Code of 1986, as amended, or such similar section as may then be in effect). 6. In order to increase potential and overall federal estate tax savings for the Daughters (by increasing the residue of the Husband's Estate passing to the Allyn Family Trust, and thereby permitting Husband's Fiduciaries to decide whether to make a qualified terminable interest property election with respect to all or part, or none, of the Allyn Family Trust), the - 2 - Wife's Executors now desire to renounce and disclaim, absolutely and forever, any and all of the Wife's right, title and interest in and to the Legacy. 7. The Husband's Fiduciaries are willing to accept this Instrument of Disclaimer, for the purposes expressed herein. 8. Nothing in this Instrument of Disclaimer is intended to modify, diminish, or otherwise affect the Wife's interest as sole life beneficiary of the Allyn Family Trust, as provided in Article IX of the Husband's Will. NOW THEREFORE, the Wife's Executors, intending to be legally bound, do, in such fiduciary capacity, hereby exercise the rights granted to them under Article TENTH, Paragraph (5), of the Wife's Will and as provided in Chapter 62 of the Pennsylvania Probate, Estates and Fiduciaries Code, 20 Pa. C.S.A. S 6201-6207, and they hereby do as follows: A. Disclaim, release and renounce, absolutely and forever, any and all of the Wife's right, title and interest in and to the Legacy. B. The Wife's Executors intend that this Instrument of Disclaimer shall constitute a "qualified disclaimer" by them, in such fiduciary capacity under Section 2518 of the Internal Revenue Code of 1986, as amended. C. Nothing in this Instrument of Disclaimer is intended to modify, diminish, or otherwise affect the Wife's interest as sole life beneficiary of the Allyn Family Trust, as provided in Article IX of the Husband's Will. D. The Husband's Fiduciaries hereby accept this Instrument of Disclaimer for the purposes set forth above. IN WITNESS WHEREOF, the undersigned, intending that this Instrument shall be filed of record in the Office of the Register of Wills of Cumberland County, Pennsylvania, have hereunder set their hands and seals to the attached Consents to this Instrument of Disclaimer on the date first above written. - 3 - IN THE MATTERS OF THE ESTATES OF RUSSELL E. ALLYN, DECEASED AND MARY E. ALLYN, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NOS. 2005-01035 and 2006-00134 CONSENT TO DISCLAIMER OF PECUNIARY LEGACY TO MARY E. ALLYN THE UNDERSIGNED, 1. KENNETH LOWRIE, in his fiduciary capacities expressed in the below-described Instrument, hereby consents to the Disclaimer of Pecuniary Legacy to Mary E. Allyn, a copy of which has been provided to him. ; DISTRICT OF COLUMBIA SS. CITY OF WASHINGTON On this, the '\ S ~ day of August, 2006, before me, the undersigned officer, personally appeared J. KENNETH LOWRIE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same, in the fiduciary capacities indicated, as his free and voluntary act for the purposes expressed therein. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~)l.~ Notary Public Deborah H. Duvall Notary Public, District of Columbia My Commission Expires 2-28-2010 - 4 - IN THE MATTERS OF THE ESTATES OF RUSSELL E. ALLYN, DECEASED AND MARY E. ALLYN, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NOS. 2005-01035 and 2006-00134 CONSENT TO DISCLAIMER OF PECUNIARY LEGACY TO MARY E. ALLYN THE UNDERSIGNED, CRYSTAL U. HACKETT, in her fiduciary capacities expressed in the below-described Instrument, hereby consents to the Disclaimer of Pecuniary Legacy to Mary E. Allyn, a copy of which has been provided to her. a COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~\) ~:::>i.... " (,- { SS. J -+ h__ On this, the (j day of August, 2006, before me, the undersigned officer, personally appeared CRYSTAL U. HACKETT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same, in the fiduciary capacities indicated, as her free and voluntary act for the purposes expressed therein. IN WITNESS WHEREOF, I have hereunto set my hand and,~fficial seal. \\ :zJ) ~. / 'r-ai~-< ..~' /~ Notary Public COMMONWEAl. TH OF PENNSYLVANIA NOT ARIAL SEAL PAMELA S WOLFE Notary PublIC City of Harnsburg, Dauphin County My Commission Exp~res December 22, '}f)Q7 - 5 -