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Home My WebLink About09-19-06 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Warren W. Harding also known as No. 21-06- ~ &0 , Deceased Social Security No. 181-18-8581 Zelda Mae Godfrey Petitioner(s), who is/are 18 years of age or older, appl(ies) for: (COMPLETE 'A' or 'B' BELOW) I!I A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executrix named in the last Will of the Decedent, dated 11/12/2004 and codicils dated None. Doris Jean Bragan and Janice Sue Davis, two of the Executrices named in Decedent's WiD, have renounced in favor of the third Executrix named in said Will, Zelda Mae Godfrey. State relevant circumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: None o B. Grant of Letters of Administration (c.t.a; d.b.n.c.t.a; pedente lite; durante absentia; durante mlnontate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: ame Decedent, than 84 Co T1 ::n J;>. , ZOO=" (.J (") 0 00" Oc.: . .:;g :0-1 P f'o.) = = c:r. en 1"'1 ." \0 ." :x .F).. rrle) G)O 2/" :.rJ rTl r'r1 ::~J C:J C:JO - t-'I "'91 ~~?j~ ."..,n ;':'/")~~ (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her family or principal residence at 480 Meadows Road, W. Pennsboro Twp. (list street, number, and mUniCipality) ~ years of age, died 08/04/2006 at Greenrldge Village (Location) N U1 Decedent at death owned property with estimated values as follows: (If domicifed in PAl All personal property (If not domiciled in PAl Personal property in Pennsylvania (If not domiciled in PAl Personal property in County Value of real estate in Pennsylvania situated as follows: $ $ $ $ 20,000.00 ;< Zelda Mae Godfrey Prepared by tha Pannsylvania Bar Association Copyright (c) 2004 lonn sollware only Tha Lacknar GrouP. Inc. Fonn RW-1 (1991) Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me this J ~ day of , ~~ ~oa~ ~~'4~l~ ~~~Register No. )<~~~ Ze da Mae Godfrey 21-06- ~ d.. 0 Estate of also known as Warren W. Harding , Deceased Social secur~No: ,181-18-8581 Date of Death: 08/04/2006 AND NOW, \.~~~ \q &OO~ ,inconsideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters I!I Testamentary 0 of Administration (c.I.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) are hereby granted to Zelda Mae Godfrey, Executrix in the above estate and that the instrument(s) dated 11/12/2004 described in the Petition be admitted to probate and filled of record as the last Will of Decedent. Short Certificate(s)...................... $ loa . OQ <)( . G\) 5.<.)0 Attorney: Robert Clofine, Esquire FEES Letters............. ............................. $ Renunciation............................... $ Affidavits ( )...........................$ Extra Pages ( ).\:{\t\......$ \ c,- ~ ro I.D. No: 37190 Address: 120 Pine Grove Commons Codicil.................. ........................ $ York, PA 17403-5151 JCP Fee.......................................$ _10 . u 0 . Telephone: 717/747-5995 E-Mail: rob@estateattorney.com Inventory.......................... ............ $ Other...C~~~$ 5< 0'0 TOTAL............................$ 103.00 Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc. Form RW-1(1991) Hl05)~05 REV '/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 No. ~~r:o~~~~ p 12726632 AUG 5 l\Ui Date r--:> (:::-~) c:;;:t Cj''''\ \'..-) !'.--) ~;'I 'n .-) o H105.1.43 Rev. 01101 TYPEn'llIIfT IN PER~AHEHT BLACk INK 1. NIIN of 0.... (Frlt. middle, list) Cumberland W. Pennsboro moslof .. danal sill. ......_by COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH STATE RLE NUMBER Warren W. Harding .4. DIt,oI o..lh (MofCh,dty,yetr) August 4, 2006 , edo ~ll"""1 4 o RIIidence 0 cw.r. 10. RIc4I: American Inditn. BlIck, Wble.1i:. (Soodll white 14 ,.....'SIa1Id:Married.NevtlrMrried, 15. SutYivingSpouseIUwila.rjvenwdenntlnw) -.... - lSoodll 480 Meadows Rd. Newville, Pa 17241 17.._ Pa 1,.. Coul'/y t"'nmh OtdOec_ =, 17,.0 V..OocedomLHed. L Mifflin 17d.O "'_LHed_ 1c:tualLmllaof Twp. t~ .............(fi<1I._..., William B. Harding 201, InJorqnr.NIIM(T~) v. Mae Harding Clly.IIolo 19. MoI:htrlNIIMCFlllt,mIddIt,INDenIll1llml) Susannah Kensinger 2Ob.,.........__IStr...._._z'codel 480 Meadows Rd. Newville, Pa 17241 Ii! en ::> ~ ;j! o Rermv.1 from S1IiIl 0_ 21c. PIIct 01 DiIposI:bn (Name 01 cllTll4ery. cremetory or ott.. pllce) 9963 besl 01 my knowledge, .... occwred at h line, dill and pilei lilted. (SlgnaIurtlll!d b) Egger Funeral 21d......Ilon(C_....~.zi>codel Mechanicsburg, pa 15 Big Spring AVe Home Inc Newville, Pa. 23b.li:enteN....... 23c.O'..__.dIy....'j 2006 Chestnut Cemetery 22e..........-.....FocIly 24. Tine DI 0eeIh " AM CAUSE OFDEATlt(SoI__...._1 1lem11. PIll!: Enter...~-d1sI8HS.injurieI.or~' -lhIldIrecllyClUl<<lthtdMIti. DO NOT enler liminal It\I8I'll.s SlI:h IScardillc arrest, reap/IIlDIy IhIt, or vllfllricullt lIIfIetbn wtilouIlhDwhg lhe~. 00 T Ibbr........ Enter on~ llflI cause on I Int. =~us:=~ . f'O Soquenllolylo'_.n",!. '-ding tithe ClUN lilted on lilt a. . Eneer Iht UHDEAL YING CAUSE I..... or injJry hi inlIiMIlhI MliI fllUling In dtI!h1 LAST. IJ.:/O 25. o.~ """""'- _ (lOon'" dly. yll1) 2tI. Was Cue AllBned tll Medk:l1 ExaninerIC:oron o Vu e1io .woxinlt inIem1: ParI U: Enter 0IhIr slaniblll condiImJ. mnttIJUina to dllII!h DI\I1l1o dtllh buI not resulng In ... undIrIyilg ca... glNI in Ptrll. tJ'AVIt~M ,q ~~ ~ 28. O~ TaI>Io:o Use Con1rIHrto 10 0_' r.: g = 301. Wu In Autopey -..", o V.. ~ d. "".W..................... "'__IoCoo,oletion alCI...otDta1tl? OVIIIONo 31. Mannel'Dfo..lh la"C,,,~ O_1de 0_ O.....Ing_1lon o Sllickle C CoWlNol ElllOeltrrnlled 32a. Dole....... (Moo~. dly. yII1) 32b. C>.r:rbe how Injury Oc:currld: 29. II Ferrell: o Not pr_.... put,.. o PrllJllllllllimtoldlllh a NotPfegnanl,bulJlflGNlnlwilhin042d11ya ofdMItl o NOI~nt,W:prlQl'llnt43d1YSIo1 ,lIr ..... ....~ o Unknown if pregnant wlhIn Iht put)'elf 321::. PIac. D' Injury: HomI, Farm. strNI, FIdDry, 0fIc. Bolding, ole. lSoodll OuIto(OfI"conI8QU8l1ClO~: 36. ~,..~~ ~~ lall M. 32d. Tlmtollnjury 320. .....11on IStrHI. 'lyAoen._1 ::t' !z w iii o w o LL o ~ ....~("""'anly....) =::..~~==::~~~::~=~~~~~~~w---.._..._R_.R_..__R._.r -1ng....'*'"""'..........IPhysi:IInboth...............~....co<1lfyInglo"""'oIdu~1 To the belt of my IlnowtIdtt, dultl oc:c:urred II thI time, dllt, and pIKe, Ind dUlIo thI catIM(.) Ind...nrw II .IIIecIM._._.._..._._M.R.___.____M....MO --- On thI..... of .arinltlDn IncUor '"'-tIgaUon, In my opInjon, dIIl1l 0CC\lmd at thI tne, eIIte,lnd pilei, and ciullo 1M ClUM(I'1nd fhlnnIf'...tIIed ._.._0 36, Dale Fled (J.blIh, dI" ~r) ....~ ').00(, Register of Wills of Cumberland County, Pennsylvania RENUNCIATION ESTATE OF WARREN W. HARDING, No. :61- 6lD -(Yg;Lo Deceased The undersigned, DORIS JEAN BRAGAN and JANICE SUE DAVIS, two of the Executrices named in the Last Will of the above named decedent, hereby renounce the right to administer the estate and respectfully requests that Letters be issued to ZELDA MAE GODFREY. Witness my hand and seal this \ ~ day Of~ ~\(Y\ ~-eAf , 2006. ~ BRAGAN 107 Norman rive Bohemia, NY 11716 ~~~ J ICE SUE DAVIS 20551 North Santa Cruz Drive Maricopa, AZ 85239 Sworn to or affirmed and subscribed ~ me this , 5t' day of ~+~'(Y\ "oe..r , 2006. r" (":::J (:~) c;:,~ (-"~1 "!~.,.:J ~~~1ll2Ar) o ary Iic My Commission Expires: D'.::i/~{J IDS 1M NOTARIAL SEAL SUZANNE II. BELDEN, NOTARY PUBlIC CARlISLE BOROUGH, CUMBERLAND COUNTY MY COMMISSION EXPIRES MAY 10, 2008 "'\:7 ". '---1 '-, - .. C) .) WILL OF WARREN W. HARDING r......:l c;:, c-...:.,-, C:'f" -~-,.=:: ,,':J I, WARREN W. HARDING, of Cumberland County, Pennsylvania, decl~ethis to be my will and hereby revoke all prior wills and codicils made by me. 1. Personalty. I bequeath to my wife, Viola Mae Harding, all of my tangible <:) personal property not used in business or for the production of income, including without limitation furniture, furnishings, clothing, jewelry, objects of art and decoration, and the like, and any motor vehicles which I own, together with the insurance thereon, if she survives me. If my wife does not survive me, then I bequeath all said property, together with the insurance thereon, to those of my children who survive me. If said children are not all competent adults, or if they cannot agree on the division, then myexecutor(s) shall make the division, and may sell any items passing hereunder and distribute the proceeds. 2. Bequests. I bequeath the sum of: (a) Twenty-five Thousand Dollars ($25,000.00) to my daughter Zelda M. Godfrey, if she survives me, or, if she does not survive me, per stirpes to her Issue; (b) Twenty-five Thousand Dollars ($25,000.00) to my daughter Doris Bragan, if she survives me, or, if she does not survive me, per stirpes to her issue; and (c) Twenty-five Thousand Dollars ($25,000.00) to my daughter Janice Davis, if she survives me, or, if she does not survive me, per stirpes to her issue. If any such issue of a daughter is under the age ofthirty-five (35) years, his share shall be held for him in a separate trust under the terms of paragraph 6 below. 3. Residue. I bequeath, devise, and appoint all the rest of my property, of whatever nature and wherever situated, including property over which I hold a power of appointment, except that I do not exercise any power of appointment given to me by my wife, to the Trustee(s) hereinafter named, for the following purposes: (a) If my wife, Viola Mae Harding, survives me, then the Trustee(s) shall establish Trust A hereunder, governed by paragraph 4 below, by allocation thereto, from the property held hereunder, an amount, if any, equal to (i) the minimum amount, after taking into account all deductions other than the marital deduction and applying all credits available, which is necessary as the marital deduction to reduce to the lowest possible amount the federal estate tax payable by reason of my death, less (ii) the value of all other assets in my gross estate which qualify for the marital deduction and which pass or have passed to my said wife under other provisions of this will or otherwise. In determining such amount, all assets involved in the calculation shall be valued at final federal estate tax values, but in funding Trust A, date of distribution values shall be used and only assets that qualify for the marital deduction shall be used. I intend that the interest of my wife in Trust A shall qualify for the marital deduction, and any provisions herein which may appear to conflict with or in any way defeat my intention to obtain the marital deduction for the full amount of Trust A shall be construed or applied to accomplish that intention. - 2 - (b) The remainder of the property passing hereunder (or, if my wife does not survive me, all the property passing hereunder) shall be held as Trust B. (See paragraph 5 below.) 4. Trust A. The income and principal of Trust A (if established hereunder) shall be distributed as follows: (a) Income. The Trustee(s) shall pay the net income from Trust A to or for the benefit of my wife, Viola Mae Harding, for her lifetime, in such installments, but not less frequently than quarterly, as the Trustee(s) may determine. (b) Principal. The Trustee(s) shall pay from time to time from the principal of Trust A to or for the benefit of my wife: (i) such sums as shall in the discretion of the Trustee(s) seem proper for her support, maintenance, and health care or necessary to permit her to maintain a standard of living approximately equal to that maintained by her during my lifetime, taking into account such other sources of income, support and estate that may be available to her, and (ii) such sums, including any or all principal, that my wife may request in writing. (c) After Wife's Lifetime. Upon the death of my wife, Viola Mae Harding, all the principal then held in Trust A shall be distributed as she may by her will appoint, making specific reference to this Trust A. Except as expressly stated in the preceding sentence, there shall be no restriction, condition or qualification on or to the power to make such appointment and the permissible - 3 - beneficiaries. The power of appointment shall be exercisable by my wife alone and in all events, and there shall be no power in any person other than my husband to appoint to any other person any part of the property passing under Trust A. To the extent that my wife should fail to exercise effectively her power of appointment over any part of the property in Trust A, the Trustee( s) shall (except to the extent that my wife expressly directs to the contrary in her last will or in a writing delivered to the Trustee( s) during her lifetime) pay from the unappointed portion of the principal of Trust A: (i) the amount of any additional estate, inheritance or other death taxes imposed on account of the death of my wife by reason of her power of appointment over and other rights in the unappointed portion of the principal of Trust A (the amount of each such additional tax to be equal to the excess if any of the tax, including any interest thereon, payable by reason of her death over the amount of such tax which would have been payable if no such tax was payable by reason of her death with respect to the unappointed principal of Trust A), and (ii) any expenses incurred in the administration of her estate attributed to the determination of such taxes (and the Trustee(s) may accept the written statement of her personal representatives as to the amount oftaxes and expenses payable hereunder), -4- and the remaining balance ofthe principal held in Trust A at her death shall be added to and considered part of Trust B and shall be administered and distributed under the provisions herein governing Trust B. 5. Trust B. The income and principal of Trust B shall be distributed as follows: (a) Income. The Trustee(s) shall pay the net income from Trust Bat least quarterly to or for the benefit of my wife, Viola Mae Harding, for her lifetime. (b) Principal. (i) The Trustee(s) shall from time to time pay such sums from the principal of Trust B to or for the benefit of my wife as may in the discretion of the Trustee(s) seem necessary for her support, maintenance and health care, and for the maintenance by my wife of the standard of living maintained by her during my lifetime, taking into account such other sources of income, support and estate that may be available to her and the needs and resources of all the beneficiaries. My first priority for the income and principal of Trust B taken together is the support, maintenance, and health care of my wife for life. In determining whether any invasion shall be made for the benefit of my wife from the principal of Trust A or from the principal of Trust B, such invasion shall be made from Trust A as far as practical. (ii) The Trustee(s) shall from time to time pay such sums from the principal of Trust B to or for the benefit of my issue as may in the discretion of the Trustee(s) seem necessary for the - 5 - health, education, support and maintenance of my issue, taking into account such other sources of income, support and estate that may be available to the beneficiary and the needs and resources of all the beneficiaries. Any of the foregoing distributions to or for the benefit of my issue shall be based on their needs, rather than on a desire to maintain absolute equality of payments among them. (c) Legal Support Obligation. No payment shall be made under subparagraphs (a) or (b) above which would discharge to any extent the legal obligation of any person for the support of the recipient of such payment. (d) Wife's Rights of Withdrawal. In addition to the foregoing, during any calendar year my wife shall have the unqualified right in her sole discretion to demand in one or more writings delivered by her to the Trustee(s) that she be paid from the principal of Trust B an amount not in excess of the greater of Five Thousand Dollars ($5,000.00) or five percent (5%) of the aggregate market value of the assets of Trust B as of December 31 ofthe calendar year during which such demand is made. The right permitted my wife under this subparagraph (d) must be exercised by her as herein provided on or before December 31 of the calendar year to which applicable, and any amount as to which such right is not exercised for any given calendar year shall lapse and shall not accumulate or carry over to any future calendar year. (e) After Wife's Lifetime: Limited Power of Ap,pointment by Wife. Upon the death of the survivor of my wife and me, if she survives me, the Trustee( s) shall pay the balance held in Trust B, outright or in trust, in such amounts or proportions to or for the benefit of any or all of my issue and their - 6- spouses or former spouses and persons gifts to whom are then allowable as deductions under Section 2055 of the Internal Revenue Code (or any successor provision), as my wife may direct in her will making specific reference to Trust B hereunder. To the extent that my wife should fail to exercise effectively her limited power of appointment over Trust B, or if she should predecease me, then upon the death ofthe survivor of my wife and me, the principal remaining in Trust B shall be distributed per stirpes to my issue, provided, however, that if any such issue is then under the age of thirty-five (35) years, his share shall be held for him in a separate trust hereunder under the terms of paragraph 6 below. 6. Separate Trusts. The income and principal of a separate trust in which a share of any issue under paragraph 2 is to be held for the beneficiary under this paragraph 6, or in which a share in Trust B is to be held for the beneficiary pursuant to the terms of paragraph 5( c) above, shall be distributed as follows: (a) Income. The income shall be distributed at least quarterly to or for the benefit ofthe beneficiary. No payment shall be made under this subparagraph (a) which would discharge to any extent the legal obligation of any person for the support ofthe beneficiary. (b) Principal. The Trustee( s) shall pay from the principal such sums to or for any or all of the beneficiary and his issue as in the discretion ofthe Trustee(s) seems proper for their support, maintenance, health care, and education, and such sums to or for the benefit of the beneficiary as in the discretion of the Trustee(s) seems proper to help establish him in a business or profession or acquire or furnish a home for him, taking into account the other sources of income, support and estate that are available to the distributee, the - 7 - reasonably anticipated needs and resources of the beneficiary and his issue, their income and estate tax brackets, the desirability of the transaction (if any), and the possible application of any generation-skipping tax. No payment shall be made under this subparagraph (b) which would discharge to any extent the legal obligation of any person for the support ofthe distributee. (c) Distribution of Separate Trust. (i) When such beneficiary shall have attained the age of twenty-five (25) years, the Trustee(s) shall distribute to him at his written request one third (113) of the remaining principal balance then held in his separate trust; when such beneficiary shall have attained the age of thirty (30) years, the Trustee(s) shall distribute to him at his written request one half (12) of the remaining principal balance; and when such beneficiary shall have attained the age of thirty-five (35) years, the Trustee(s) shall distribute to him at his written request the entire balance held in his separate trust. (ii) If such beneficiary should die before making proper request for the entire balance in his separate trust, then the entire balance in his separate trust shall at his death be distributed, outright or in trust, in such sums or proportions as such beneficiary may direct in his last will, expressly referring to his separate trust hereunder, but only among my issue and their spouses or former spouses and persons gifts to whom are then allowable as deductions under Section 2055 of the Internal Revenue Code (or - 8 - any successor provision); and to the extent that such beneficiary shall fail to exercise effectively his limited power of appointment hereunder, the aforementioned balance in his separate trust shall then be distributed per stirpes to his issue, or, if no such issue survive him, per stirpes to the issue of his parent who was a child or more remote descendant of mine, or, if no such issue survive him, per stirpes to the issue of his grandparent who was a child or more remote descendant of mine or, if no such issue survive him, per stirpes to my issue, with the share of any of such issue for whom property is then held in or payable to a separate trust under this paragraph 6 being added to such separate trust. (d) Disposition Upon Apl'lication of Rule Against Per,petuities. Notwithstanding subparagraph (c) above, if during the lifetime of a person for whom a separate trust under this paragraph 6 was established the interest of such person therein becomes void under the applicable rule against perpetuities, then the balance in such separate trust shall then be distributed outright to such person. 7. Survival Clause. If any beneficiary hereunder should die within sixty (60) days after me or within sixty (60) days after any other person the survival of whom determines his rights hereunder, then such beneficiary shall be deemed to have predeceased me or such other person for all purposes hereunder. 8. Powers. In addition to such other powers and duties as may be granted elsewhere herein or which may be granted by law, the fiduciaries hereunder shall have the following powers and duties, without the necessity of notice to or consent by any Court: -9- (a) To retain all or any part of my property, real or personal, in the form in which it may be held at the time of its receipt, including any closely held business in which I have an interest and any stock of any corporate fiduciary hereunder, as long as in the exercise of their discretion it may be advisable so to do, notwithstanding that said property may not be of a character authorized by law, provided, however, that upon written request by my husband, they shall within a reasonable time make productive of income any interest in property (however and whenever acquired) held in Trust A hereunder. (b) To invest and reinvest any funds held hereunder in any property, real or personal, including, but not by way of limitation, bonds, preferred stocks, common stocks, and other securities of domestic or foreign corporations or investment trusts, mortgages or mortgage participations, and common trust funds, even though such property would not be considered appropriate or legal for a fiduciary apart from this provision. (c) To sell, convey, exchange, partition, give options to buy or lease upon, or otherwise dispose of any property, real or personal, at any time held by them, with or without order of court at their option, at public or private sale or otherwise, for cash or other consideration or for such credit terms as they think proper, and upon such terms and for such prices as they may determine, and to convey such property free of all trusts. (d) To borrow money from any person for any purpose in connection with the administration hereof, to execute promissory notes or other obligations for amounts so borrowed, and to secure the payments of such amounts by - 10- mortgages or pledges of any property, real or personal, which may be held hereunder. (e) To make loans, secured or unsecured, in such amounts, upon such terms, at such rates of interest, and to such persons, firms or corporations as they may deem advisable. (f) To renew or extend the time for payment of any obligation, secured or unsecured, payable to or by them, for as long a period of time and on such terms, as they may determine, and to adjust, settle and arbitrate claims or demands in favor of or against them. (g) In dividing or distributing any property, real or personal, included herein, to divide or distribute in cash, in kind, or partly in cash and partly in kind. (h) To hold, manage, and develop any real estate which may be held by them at any time, to mortgage any such property in such amounts and on such terms as they may deem advisable, to lease any such property for such term or terms, and upon such conditions and rentals as they may deem advisable, whether or not the term of any such lease shall exceed the period permitted by law or the probable period of retention under this instrument; to make repairs, replacements and improvements, structural and otherwise, in connection with any such property, to abandon any such property which they may deem to be worthless or not of sufficient value to warrant keeping or protecting, and to permit any such property to be lost by tax sale or any other proceedings. (i) To employ such brokers, banks, custodians, investment counsel, attorneys, and other agents, and to delegate to them such duties, rights and powers as they may determine, and for such periods as they think fit. - 11 - (j) To register any securities at any time in their names as fiduciary, or in the names of nominees, with or without indicating the trust character of the securities so registered. (k) With respect to any securities held hereunder, to vote upon any proposition or election at any meeting of the person or entity issuing such securities, and to grant proxies, discretionary or otherwise, to vote at any such meeting; to join or become a party to any reorganization, readjustment, merger, voting trust, consolidation or exchange, and to deposit any such securities with any committee, depository, trustee or otherwise, and to payout ofthe trust created herein, any fees, expenses, and assessments incurred in connection therewith; to exercise conversion, subscription or other rights, and to receive or hold any new securities issued as a result of any such reorganization, readjustment, merger, voting trust, consolidation, exchange or exercise of conversion, subscription or other rights and generally to take all action with respect to any such securities as could be taken by the absolute owner thereof. (1) To engage in sales, leases, loans, and other transactions with my estate, the estate of my wife, or any trust established by either of us, even if they are also fiduciaries or beneficiaries thereof. (m) To make all necessary proofs of death under the insurance policies of which they are the beneficiary, to execute any receipts for the proceeds and to institute any action to collect said proceeds and to make adjustments of any claim thereunder, provided, however, that they need not institute any action unless they shall have been indemnified against all expenses and liabilities to which they may become subject as a result thereof. If, however, they desire to institute such action - 12 - without indemnification, they are hereby authorized to be reimbursed for all expenses and liabilities incurred as a result thereof from any amounts which may be held in trust hereunder then or thereafter. (n) To exercise all elections which they may have with respect to income, gift, estate, inheritance or other taxes, including without limitation execution of joint income tax returns, election to deduct expenses in computing one tax or another, election to split gifts, and election to payor to defer payment of any tax, in all events without their being bound to require contribution from any other person. (0) To operate, own, or develop any business or property held hereunder in any form, including without limitation sole proprietorship, limited or general partnership, corporation, association, tenancy in common, condominium, or any other, whether or not they have restricted or no management rights, as they in their discretion think best. 9. Spendthrift Clause. No interest (whether in income or principal, whether or not a remainder interest, and whether vested or contingent) of any beneficiary hereunder shall be subject to anticipation, pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his said interest, nor shall the said interest of any beneficiary be liable or subject in any manner while in the possession of the fiduciaries for any liability of such beneficiary, whether such liability arises from his debts, contracts, torts, or other engagements of any type. 10. Facility of Payments for Minors or Incompetents. Any amounts or property which are payable or distributable hereunder to a minor or incompetent may, at the discretion of the fiduciaries, be paid to the parent or guardian of such minor or incompetent, to the person with - 13 - whom such minor or incompetent resides, or directly to such minor or incompetent, or may be applied for the use or benefit of such minor or incompetent. Any amount or property payable or distributable hereunder to a person under the age of twenty-five (25) years may in the discretion ofthe fiduciaries involved be paid or distributed to a custodian for such person under the Pennsylvania Uniform Transfers to Minors Act. 11. Taxes. I direct that all estate, inheritance, and succession taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, other than generation-skipping taxes, shall be paid out of the principal of my general estate to the same effect as if said taxes were expenses of administration, except that any such additional taxes (and interest and penalties thereon) imposed on account of my interest in or power over any trust established by my husband shall be paid out of the property held in such trust, and all other property includible in my taxable estate for federal or state tax purposes, whether or not passing under this will, shall be free and clear thereof; provided, however, that my executor(s) may in the discretion of the executor(s) request that any portion or all of said taxes (to be paid out of the principal of my general estate) shall instead be paid out of the principal of any trust established by me in this will or otherwise, to the extent expressly authorized under the terms of said trust. With the consent of the Trustee( s) hereunder, said taxes may be paid out of the principal of Trust B hereunder as if said taxes were expenses of administration thereof, provided, however, that no such taxes shall be paid out of Trust A hereunder or out of assets that are not includible in my federal gross estate. 12. Fiduciaries. I appoint as executors hereunder and as Trustees hereunder my daughters Zelda Mae Godfrey, of Newville, Pennsylvania, Doris Jean Bragan of Bohemia, New York, and Janice Sue Davis of Tempe, Arizona. My executors shall serve as guardians ofthe property of any minor beneficiaries hereunder, under any instrument of trust executed by me, - 14- under any policies of insurance on my life, and in any other situation in which the power to make such appointment exists under the laws of Pennsylvania. No individual fiduciary shall be liable for the acts, omissions or defaults of any agent appointed and retained with due care or of any co-fiduciary. No fiduciary shall be required to furnish bond or other security for the proper performance of her duties hereunder. 13. Gender. Unless the context indicates otherwise, any use of the masculine gender herein shall also include the feminine gender. IN WITNESS WHEREOF, I, WARREN W. HARDING, herewith set my hand to this, my last Will, typewritten on sixteen (16) sheets of paper including the self-proving attestation clause and signatures of witnesses, this /1. "" day of _AJ~~ ,2004. )(~IYV_ 6h jkMi.y~ Warren W. Harding (SEAL) Witnessed: V~7h.~ 'fgo ~ ~ residing at ~-"IP~. /7~( ~Uq k~Jt residing at J~ ) /7 II d COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: ~;%::t'n W. ~e testator), '2J~ "'/J1. ~kf1n and II ' (the witnesses), whose n es are signed to the foregoing instrument, being first duly sworn, each hereby declares to the undersigned authority that the testator signed and executed the instrument as his last will in the presence of the witnesses and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of his knowledge the testator was at - 15 - that time eighteen years of age or older, of sound mind and under no constraint or undue influence. WITNESS: '()~ }n.~ ~ TESTATOR: x ~ jt, ~A"L~ WARRENW.HARDING U I]"~ L-~ ~.~ subscribed and sworn to before me by and f~nQfJ} () (1h ~~ '/JtI7J~ Subscribed, sworn to and acknowledged before me by Warren W. Harding, the testator, and I/)~ /h /~~ , the witnesses, this /,p 11 day of ,2004. CCf~~~~ (SEAL) Notarial Seal Jennie E. Row, Notary Public Lower Paxton Twp., Dauphin County I My Commission Expires Jan. 19,2005 Member. P"noo::v1vama Association ot Notaries - 16 -