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l'ETITION l"OU I'ROnATE and GUANT OF LETTEHS
No, ;,)/. qLI- 7~
To:
t-e-
Estate of. W. 'l'a~l~,L UotLclw] l(~
also known as _
Register of Wills for the
. Deceased, County of .J;iUnbe r] a nd In the
Social Security No. ---,fu.1U - 3 2 7 'J Commonwealth of Pennsylvania
The petition of the undersigned respcctfully represents that:
Your petltloner(~, who IsXl~ 18 years of "ge or older an the execlltJ.llL
In the last will of the above decedent, dated ^pr i 1 ,()
and codlell(s) dated None
named
, 19.2L-
(~l"le releVAnt chclIlnslancc5, e,g. renunclallon, dealh or c.llcculo(, elc.)
Cumberland
Uecendent WAS domiciled at deAth in lIi1mp(]eg 'I'Wf' / County, PennsylvaniA, with
It i s lAst family or principal residence at 3 i3 :oppor Kettle Honel
Camp lIil1. P^ 17011 L.:.rllMJH't"..1'ill.!<"cU,1\
r ,"
(lhl sir"', number ",,' muudpallly)
Uecendent,then~ years of Age, died January 13 ,19 94 _ I
at ga5~ o-rcr-'i'wP";,'-'eumbed Ilnd-Co!1llty....-PA" I'~", ,\14((~J)il,.,pkll" (-'.",,<<t-<'{
Except as Collows, decedent did not marry, was not divorced and did not have a child born adopted (:J
after execution of the will offered for probAte; was nolthe victim oC A killing and was never AdjudicAted
Incumpetent: None
Ilecendent at death owned property with esthnAted VAlues as Collows:
(If domiciled In PA,) All personal property
(If not domiciled In I'A,) Personal properlY In Pennsylvania
(If not domiciled In Pa,) Personal property In County
VAlue of real estAte in PennsylvAnia
sitUAted as Collows:
$ 230,000.00
L
S
$
WHEREFORE, petltloner(s) respectfully
presented herewith And the grAnt of lellers
theron,
reqllesl(s) the probate of the last will And codlcll(s)
rrp~tf1m(-"'nt,.,ry
(l"lanlenlary: adulluhlrailo/l c,(,a,1 admlul.lrallon d,b.n,c,l.a,)
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<~ J'._l? ,. e,>J {'.... is, "/,1",-", \
E .1zabeth B. lIemler
3813 Copper Kett]p HOBd
1'''111[> Hill, P^ 17011
)-
OATH OJ" l'EHSONAL IUWHESENTATlVE
COMMONWEALTII 01<' I'ENNSYLV ANIA } 8S
COUNTY (W ClJMB!':HL1\NIJ .
"
The pctltloner(s) Ahove.,nAmcd sweAr~.;J or afflrm(s) thAt the stlltements In the foregoing petition are
trlle AI.d correct 10 the b',s! of the knowledge And belleC of petltloner(ij And thAt AS personal represen.
latlve~) oC the Above decedcnt petltloner(s) will wcll And truly administer the estAte According 10 luw,
Sworn to or afflrme~ ~/ld sub SCrlbC,d +'. ';: l, i-" ~~\(, (~ p" 'iJ ", ...bw-,
before me this, ,7TH .dayoC _.l::lizabt'th B. lIem]"r '
_ JAN R' --4.')'19 (1I~ ',,' 3B 13 Copper Kutt](~ Hoad
.. ,> .'!.L 1,1)), U/, '!fccunp IIi 11 ,P^ 17011
M V C. LEWIS Register> I ~
No ? 1 - 91 - 76
.
Eslale of "_
W. Taylor Uoucpllu
, Deceased
DECREE OF PROBATE ANIJ GUANT 01<' LETTEUS
AND NOW FEBRUARV .h. 19~, In consideration or the petition on
the revel8e side hereor, satlsraclory proor havlni been presenled berore meA
IT IS DnCREED lhat the InstrullIent(s) dated April 30, 199u
described therein be adlllllled 10 probale and riled or record as the last will or _
W. Taylor Boucelle
and Lellell 'restamentary
are hereby iranled10 Elizabeth U. Hemler
Will Book'
Paae
'J n ~
,.' , J.~/J?l~
RglllerOf~'
MAHY C. LEWIS
FEES
Probate, Lellers, Etc. ......... $
Short CerlUlcales( 3) . , . . . . . . " $
?70.00
Q,nn
Renunciation ... t . . . . . , . t I . ., $
X-Pages
JCP
18.00
10,:88
James D. Boqur, Esquire
ATIORNBY (Sup, Cl, 1.0. No,)
5 West Main Street
qhirpm.~n"town. FA 17011
ADDRBSS
19475
Flied
$
TOTAL _ $ .
FEBRUARY 1, 1994
"""'1'1"""0""""""""'1
(717) 737-8761
PIIONB
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Mailed letters and order to attorney on ~-1.94..
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LAST'WILL AND TESTAMENT OF
W. TAYLOR BOUCHELLE
I, W. TAYLOR BOUCHELLE, of Hampden Township, Cumberland
County, Pennsylvania, do make, publish and declare this to be my
Last Will and Testament, hereby revoking all Wills and Codicils
by me at any time made,
ITEM II
I direct that all inheritance and estate
taxes becoming due by reason of my death, whether such taxes may
be payable by my estate or by any recipient of any property,
shall be paid by the Executor out of the property passing under
ITEM IV of this Will, as an expense and cost of administration of
my estate. The Executor shall have no duty or obligation to
obtain reimbursement for any such tax so paid, even though on
. proceeds of insurance or other property not passing under this
Will.
ITEM II I
I direct the Executor to pay the
. expenses of my last illness and funeral expenses from the
property passing under this Will as an expense and cost of
administration of my estate,
ITEM III I
I give and bequeath to my issue, per
stirpes, to be divided among them as they may agree, absolutely
Page 1
~
and in fee simple, all my household furniture, furnishings and
books, pictures, jewelry, silverware, automobiles, wearing
apparel and all other articles of household or personal use and
all other tangible property and all policies of insurance thereon
which I have accumulated since conveying to my Trustee under an
Inter Vivos Trust dated January 19, 1990 ("Trust") all tangible
personal property which I then owned or recaptured pursuant to
the provisions of the Trust. Should there be lIO such agreement,
such property shall be divided among my issue by the Executor in
as nearly equal proportions as is deemed practical in the sole
discretion of the Executor, having due regard to the personal
preferences of my issue. My Executor is empowered to sell some
or all of my tangible personal property as he in his sole
discretion deems appropriate and ill such event the proceeds of
sale shall pass in accordance with the provisions of ITEM IV.
ITEM IV:
I give, devise and bequeath all of the
rest, residue and remainder of my Estate, not disposed of in
preceding portions of this Will, to my issue, per stirpes.
I
I
I
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ITEM V I
In the settlement of my estate, the
Executor shall possess, among others, the following powers:
(a) To retain any investments I may have at my death,
inclUding specifically those consisting of stock of any bank
even if I have named such bank as the Executor herein, as
Page 2
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long as the Executor may deem it advisable to my estate so
to do.
(b) To vary investments, when deemed desirable by the
Executor/ and to invest in such bonds, stocks, notes/ real
estate mortgages or other securities or in such othor
property/ real or personal, as the Executor shall deem wiser
without being restricted to so-called "legal investments"
and without being limited by a statute or rule of law
regarding investments by fiduciaries,
(c) In order to affect a division of the principal of.
my estate or for any other purpose/ including any final
distribution, the Executor is authorized to make said
divisions or distributions of the personalty and realty
partly or wholly in kind, and to allocate specific assets
among beneficiaries so long as the total market value of any
share is not affected by such division, distribution or
allocation in kind, Should it appear desirable to partition
any real estate/ the Executor is authorized to maker join in
and consummate partitions of l.ands, voluntarily or
involuntarily, including giving of mutual deeds,
recognizances or other obligations, with as wide powers as
an individual owner in fee simple.
I,
Page 3
tt \, ,\
(d) To sell either at public or private sale and upon
such terms and conditJ.or.s as the Executor may deem
advantageous to the estate, any or all real or personal
estate or interest therein owned by the estate severally or
in conjunction with other persons or acquired after my death
by the Executor, and to consummate said sale or sales by
sufficient deeds or other instruments to the purchaser or
purr-hasers, 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 saie
sale or sales; also, to mClke, execute, Clcknowledge and
deliver any and all deeds, assignments, options or other
writings which may be necessary or desirable in carrying out
any of the powers conferred upon the Executor in this
paragraph or elsewhere in my Will.
(e) To mortgage real estate, and to make leases of
real estate.
(f) To borrow money from any party, including the
Executor, to pay indebtedness of mine or of my estate,
expenses of administration or inheritance, legacy, estate
and other taxes, and to assign and pledge assets of my
estate therefor.
Page 4
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(g) To pay all costs, taxes, expenses, and oharges in
connection with the administration of my estate.
(h) To vote any shares of stock which form a part of
the estate, and to otherwise exercise all the powers
incident to the ownership of such stock.
(i) In the discretion of the Executor, to unite with
other owners of similar property in carrying out any plans
for the organization of any corporation or company whose
securities form a part of the estate.
(j) to disclaim any interest in property which would
devolve to me or my estate by whatever means, including but
not limited to the following meansl as beneficiary under a
will, as an appointee under the exercise of a power of
appointment, as a person entitled to take by intestacy, as a
donee of an inter vivos transfer, and as a donee under a
third-party beneficiary contract.
(k) To do all other acts in the Executor's judgment
r' deemed necessary or desirable for the proper and
advantageous management, investment and distribution of the
estate.
Page 5
.
ITEM VII
I hereby nominate, constitute and
appoint my daughter, Elizabeth B. Hemler, of Cumberland County,
Pennsylvania, to be my Executor. In the event my daughter fails
to qualify or ceases to act, I appoint my son, William Taylor
Bouchelle, Jr., to act in her place and stead, My Executor is
specifically relieved of the obligation or duty of posting any
bond or other security, any law or rule of law to the contrary
notwithstanding.
IN WITNESS WHEREOF, I have set my hand and seal to
this, my Last Will and Testament, consisting of this and the
. preceding five (5) pages, at the end of each page of which I have
also set my initials for greater
identification on this ~~ay of
security and better
~
, 1990.
I))~{SBALI
. Tl\ LO C LE
Page 6
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SIGNED, SEALED, PUBLISHED AND DECLARED by the
above-named W. Taylor Bouchelle as and for his last Will and
Testament, 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 I
A- i4u",&d~
ADDRESS ~ ,
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ADDRESS
ADD RES
STATE OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
WE, W. TAYLOR BOUCHELLE, Sharon Dell Gallagher
Elizabeth B, Hemler , and S, Walter Foulkrod, III
the Testator and the Witnesses respectively, whose names are
signed to the attached or foregoing instrument, were sworn, and
declared to the undersigned officer that the Testator, in the
presence of Witnesses, signed the instrument as his Last Will,
that he signed voluntarily and that each of the Witnesses in the
presence ,of each other and in the presence of the Testator signed
the Will as a Witness,
,
~
~ Lua_
WI NESS
~. ~~:?/J'1
.
Sworn to and subsc\ibed
be fore me this .3 /) t day
, of A" --;-1990.
.. (f!,dltt.'
Page 7
Nolarl~1 ~oal
Chrlallna H, Hakol, No\.,y Publlo
Har,ls~urg. Olllphln County
My Commlnlon E~~.~~.l~P!~.:,-~,~?3
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CERTIFICATION OF NOTICE UNDER RULE 5.6 (a \ . ,
'9~ FEB -~ P 1 :50
Name of Deoedentl W. Taylor Bouchelle
Date of Death: January 13, 1994
will No. 1994-00076 Admin. No.
To the Reglsterl
I certify that notioe of benefioial interest required by
Rule 5.6 (a) of the Orphans' Court Rules was served on or mailed
to the following benefioiaries of the above-oaptioned estate on
February 3, 1994
Clol,lrl
Cum:',,, """" PA
lW1i
Address
"
Box 154
Taylor Island, MD 21669
20 Soundview Drive
Huntington, NY 11743
157 Miohele Drive
somers, CT 06071
3821 SW 44th Avenue
Hollywood, FL 33023
3813 Copper Kettle Road
camp Hill, PA 17011
Notioehas now been given to all persons entitled thereto under
Rule 5.6 (a) except I
Alice Billhimer
Anne Davis Lawshe
William T. Bouohelle, Jr.
,Robert B. Bouohelle
Elizabeth B. Hemler
Date I February 3, 1994
d~L '
James D. Boga , Esquire
5 West Main street
Shiremanstown, PA 17011
(717) 737-8761
Personal Representative
X Counsel for personal
Representative
capaoity:
cr.'
Invenlory of Ihe real and personal eslale of
W. TAYLOR BOUCHELLE
deoeased
- -
1. Capital Blue Cross - premium refund 279 60
2. PNC Bank checking acct. no. 5140124665 1,722 14
3. CoreStates savings acct. no. 59980-31240 7,198 42
4, CoreStates checking acct. no. 5902-8650 13,109 68
5. Mellon Bank acct. no. 25-A56215C 11,284 01
6. Prudential Securities acct. no. 044 -246686 .01,637 88
TOTAL
$. 35,231 73
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COMMONWEAL1'H OF PENNSYLVANIA I,
COUNTY OF CUMBERLAND J
III
Elizabeth B. Hemler
being duly _~w()Ef.l_,,_, ___ ___ according to lew, do poses and saYI thats he _ is Executrix
_ _.__u.__.__..._. ,,, _,,_. 0/ the Eltate 0/ W, Taylor Bouchelle
I-te of ,..B,oro,u. g,h of Camp Hill C bid C t P d d d th t th
. . ._,,--- ---, um er an oun y, a., .o..n.n . .
within is an Inventory mode by ,_,._,h..8_1.::-__,,,.... ,,__ " ____,__, the laid Executrix
0/ the ontlro estato 0/ said d.oedent, conlllllng 0/ 011 tho perlonal prol'drty .nd reel est.le, tKo.pt reel .st.te outsld.
the Commonwe.lth of Pennlylvanla, and that the figure I oppollt. oach It.m of the Inventory r.pr.unt lt'l /.Ir nlu.
as of the dato 0/ decodont'l death,
Sworn to
and sublcrlbod bofore me,
..,2 t.J:? n L\:~k, B ,...(J,-~_" :J.:...~_
Enc.tor . Admlnht,.tol
0,.,-, ~ II 19 94
r::--'t.. ,LUA. ,{3 l~~~~'" ,,-A. 0
Elizabeth B. Hemler
"'jllITc'opper Kettle Road
Camp Hill, PA 17011
Oat.
NOTAFUAL SEAL
LAURA A. BIS I wit Notary Public
Clrlllle, Cun,t'(l ""d CDunty
My, CDmmllli.n ('[",,)1 '~Irch 26, 1!97
--13
of D..th ___ """
1994
Add.."
01
D.y
Month
Yllr
INSTRUCTIONS
I. An Inventory mUlt be flied within threo monthl after appointment 0/ personol repreunt.llv..
2. A lupplement Inv~ntory mUlt bo lIIed within thirty days of discovery 0/ addltlon.1 ....ts.
3. Addltlonal.hoets may be attached as to porsonolty or realty
4. Soe Article IV, Fiduciaries Act 0/1949.
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- -.-- '-'--, ""-, "- "-,- -'- "-- -- - ~- - --, --- --" '''-- ,-,,, -'-, -'. --, - --. - - -- - -- -- - -,- ,,--
RECEIVED FROM,
ACN
ASSESSMENT P:'
CONTROL iii
NUMBER
. AMOUNT
&
[lOGM .JAMEll D
5 W MA]N 8TREf:T
]0]
.1!,"'''6.l:'l6
SHJREMAN!3TOWN PA J?Olj
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SBN eHi-O]"'S279
IFIRST! (M'!
TY 00-
ClIMBERLAND
H
o I 9
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REMARKS EL J ZABETH B. ~IEMLER
m TOTAL AMOUNT PAID __.le~~,?
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SEAL CHECI<II 3S9
. . " REQISTER OF WILLS
RECEIVED BY j.i~ ' 'j'. ,.
. 0 A i
MARY C, LEWJ 91~, .1,s)Q~'~;-\,'~
REGJSTER OF WJLLs >>',
, , ,
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REV-l&47 EX AFP (10093*
COItItOHWEAL IH Of PEHHlVL~AHIA
DfPAAlHENI Of REVlOHUE
IUR!AU Of INDIVIDUAL IAXES
DfPI. ZU601
tWlRlSlURD, PA 17128-0601
ACN 101
NOTICE OF INHERITANCE TAM
A~~RAISEHENT, ALLOWANCE OR OISALLOWANCE
OF OEDUCTIONS, ANO ASSESSHENT OF TAM
DATE 08-15"94
FILE NO. -0076
DATE OF DEATH 01-13"94 COUNTY CUMBERLAND
HOTEl TO INSURE ~RO~ER CREOIT TO YOUR ACCOUNT, SUBHIT THE UP~ER PORTION OF THIS FORH WITH YOUR TAM
PAVHENT TO THE REGISTER OF HILLS. HAKE CHECK PAVABLE TO "REGISTER OF HILLS, AGENT"
REMIT PAVMENT TOI
JAMES D BOGAR ESQ
5 W MAIN ST
SHIREMANSTOWN PA 17011
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
r--~.2unt R..I.!.!!.~ l
CUT ALONll THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS .....
REV: is'4-j "EX" AFP" i1 o""9iY" iioT"i or "OF -i"NH ER"i f AN.c i" TAX: 'A.pjiii'A"i sEiliNi'"; "Ai:. rowA N"C i" o"li" "m"_ -.- -. -". --
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF BOUCHELlE W T FILE NO, 21 94-0076 ACN 101 DATI 08-15"94
TAM RETURN WASI (X) ACCE~TED AS FILED
I ) CHANGED
RESERVATION CONCERNING FUTURE INTEREST . SEE REVERSE
APPRAISED VALUE OF RETURN BASED ONI ORIGINAL RETURN
1. R.al Eltet. (Sehedul. A) (1)
2. Stoekl and BondI ISeh.dul. Sl (2)
S. Clollly H.ld Steek/P.rtnlr.hlp Int"r,"t (Sch.d<,I. Cl (5)
4, Hertg.g../Not.1 R.e.lvlbll (Seh.dul. Dl (4)
S. C..h/Bank Dlpollt./Hlle. Plrsen.l Proplrty ISoh.dul. EI (5)
6. JointlY Ownld Prep.rty ISohldul. FI (61
7. Tran.f.r. ISohedul. G) 171
a. Tot.l A...t.
.00
,00
.00
.00
279.60
.00
234.952.13
(8)
235,231.73
APPROVED DEDUCTIONS AND EXEMPTIONSI
9. Fun.r.l F.Hpan.../AdMlniltrltlv. Co.t.1
Hi,olllan.ou. EHpln..1 (Sohlrtul. H) (9)
10, D.bh/Hcrtg.g. LiabIUU../Llan. (Sohedule II (10)
11. Tet.l D.duotlen.
12. Het V.lue of T.x R.turn
15. Ch.ritabl./Gov.rnMentll B.qu..t. ISoh.dul. J)
14, Het V.lu. of E.tlt. Subject to T.x
10.444.69
285,98
1111
(12)
IlSl
(14)
10,730.67
224,501. 06
,00
224,501.06
NOTEI
If .n ........nt w.. i..u.d pr.viou.ly, lin.. 14, 15 .nd/or 16 .nd 17 will
rlfl.ct figur.. that includ. th. tot.l of ~ r.turn. .......d to dat..
ASSESSMENT OF TAXI
1&. AMOunt ef Lln. 14 t.x.bl. .t 6% r.t.
16. AMOUnt of Lln. 14 t.xabl. .t 15% rlt.
17. ~rinolp.l T'H Du.
TAX CREDITS I
~AVHENT RECEIPT DISCOUNT Ct)
DATE NUHBER INTEREST (-)
224,501.06 M,06"
.00 M.n "_
(17)
13,470.06
.00
13,470.06
IlB)
1161
AHOUNT PAID
04"13-94
885956
673.50
12,796.56
TOTAL TAX CREDIT
BALANCE OF TAX DUE
INTEREST
Tl)TAL DUE
13,470.06
.00
,DO
.00
. IF ~AID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
IF TOTAL DUE IS LESI THAN 11, NO ~AVHENT IS REQUIRED.
IF TOTAL OUE IS REFLECTeD AS A "CREDIT" ICRI, VDU HAV BE OUE
A REFUND. SEE REVERSE SIDE OF THII FORH FO~ INSTRUCTIONS.)
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Rl!_ATlOH. Eltlt.. of clIo....to dvlllll on or blloro D.._r 12, 1912 -; If IOIIV futuro lnt....t In tho I.tltl It tr.n.f..r~
Sn PO""llon or enJov-.nt to Cl... . (00111',r.1) b~'lol'rl.. of thl decedent .ft,r thl Irplrltlon'of eny ..tl" for
llf. or far v.,rll tht Co..onwl.lth her.bv Ixpr',.lv r...rvI. th,'rJgnt to .ppr.I,. and III'" tranl'.r Jnhlr1t~. 'IX"
It thl llNful el... . (00111'.rt.) r.t. on anv such future Int.r..t.
PUllPIlSE Of
NOTlCEt
;1 PAVIENI,
Rl!FlmD (CRI'
(
DIJECTlONS'
To fu1fHl thl requirNtnh of Slatlon 2140 of thl InherUln01 1M Eatat. Tlx Aot, Act Z2 of 1"1. 12 P,S.
S..tlon 2140.
Dlteoh thl top porUon of thll NoUat and tublllt with your p'VHnt to thl RIght,r of Willi printed on thl revlr.. l1de.
--"olel ohook or tonIV ordor plvobll tOl REGISTER GF HILLS, AGENT
All PlY,,"', reo.lvld .hlll flr.t bt IPpl1,d to anv Int.r..t which ..y bt dUI with anv r..,lndtr applied to th~ tlX.
4 r.fund of I tlX credit, whloh WI' not rlquelted on the Tlx Rlturn, "V bl rlqueltld bv c~lltlng an "ApPllcetlon
for R,fund of PIM.vlvanJI Inhlrit.nel 'nO Estate 18M" (REY-Un). ApplIcIUon. 11'1 .veUabl1 It thl OffiCI
of the Rttlltlr of Mllll, anv of the 2l Rlvenue DlItrlct OfUe.., or bv clllIng the Iplell1 24"hour
.".....rlng 'Irvlcl ouNtrl for for.. ordlrlng, In Plnn.vlvlnle 1"800"562-2050, ouhldl PIM.vlvlnl. Ind
within 10cIl Harrl.burg arl. (111) 117-1094, TDDI (111) 172.2252 (HI.rln,llpllr.d Only).
Anv p.rtv In Int.r..t not ..tl.flld with the eppr.I...-nt, allow.oo. or dl.lllowancl of dlductlon., or ......-.nt
of tlM (Inoludlng dl.count or Jnt.r..t) .. .hown on thl. Notl~1 IU.t obJlct within 'Ixtv (60) day. of r~llpt of
thlt NoUe. bVI
--writt.n pro tilt to thl PA D.pertaent of R.vlnue, !laird of ApPlIlI, DEPT. 211021, Herrhburg, PA 11121..1021, 011I
.....t.oUon to h.vI thl ..tter ~ter'lnld It 1uc11t of thl ICCOunt of the p,rlonll rlprll,ntatlvl, OR
."lppIal to thl Orph~n.' Caurt.
ADNI"
!SIRATlY!!
CORRECTIONS.
FlIGtulltrrorl dhcovlrld on thh ........nt lhould be addr...ed In wrlUnt tal PA DIP.rt..nt of Rlvenul,
Durleu of Indlvldutl TaMI', ATTNI POlt A.lllllent R.vlew Unit, DEPT. 280601, H.rrl.burg, PA 11121-0601
~ (717) 7.7.6505. S.. PII' 5 of thl bODkllt "In.truetlon. for Inhlrltancl TIM Rlturn for I Rllldlnt
Dtotdlnt" (REY.1501) for an IMplenltlon of aa.lnl,tratlvllv oorr.ot.bl1 Irror.,
DISCIlUNII
If Inv ttx duI 11 plld within thrH (5) oll'nd" ItORth. .ftlr thl dlClldtnt., dllth, . flvI percent (IX) dhoount of
the tlX Plld It IUOIiMd,
Intlrllt I. oh.rttd bltlMlnt with flrlt dlv of dlllnquencv, or nlnt (9) IORth. and one (1) dlV fr~ thl d.tl af
dteth, to thl dltl of P.y..ot. TIM" whloh bIe... delinquent blfor' Janu.rv 1, 1982 b.'r Int.r..t It thl rlt. af
.IM (6~) Plrolnt per ~ olloul'tld .t I dellv rlt. of .000164. All tIXI' which blo... d.llnquent on end eftlr
Jenuerv 1, 1982 will bl'r Intlr..t It , rltl whloh will vlrv fro. ell.nd,r VI.r to oll,ndlr VI.r with thlt r.te'
~td bv thl PA O'Plrtltnt 0' Rlv,nu.. The IPPllolbl, Jnt.r..t r.tl' for 1912 through 1994 Ir'l
IHT!RESTI
~ Int""t Rite Dallv Intlre.t Faotar !!!r Inter..t R,tl OIIIY Inter..t Fletor
1912 !IX .OOOS41 1'1' lOX ,000214
1915 IU .000~51 1911 'X .0002~1
I'" IlX .00OSOI 1.11-1991 IlX .000SOl
1.15 UX .000lS' 1992 'X .ooom
1995-1914 lX .000192
....Inttr..' II alloutetad I' follow. I
INTERElT . IALANCE GF TAH UNPAID 'H HU"IER OF DAYS DELINQUENT H DAILY INTERElT FACTOR
."Anv NoUc. I..ued .ftlr the t'M bloOll, delinquent wlH rlfllot enlnt""t o.toullt!o/\ to flftHn ctS) d'VI
bevond thl d.tl of thl .......ent. If p.veent I. aadt .ftlr thl Inter..t ooeput.tlon d.tl .hewn on thl
Notlol, Idc:Utlonll Intlrllt ",.t be o.loullttd.
RIV,1100 ",' 111,911 1'1 1\1. , 'OR DAIISO.DIATHAnlR 12131/91 CHICK HIRI
~. A(/f.~ INH:r~rt~1E DT~~DREEJ~RN ~?H~~!::~1S CLAI_~~DJ~L___
COMMONW'^''''m PfNNSVIVANIA (TO BE FILED IN DUPLICATE -21 r)4 ()(}7f,
DEPARTMENT 0' REVENUE
HdR'sfJ:~J~O\~:"06')\ WITH REGISTER OF WILLS) COUNTY CODE _ y'fAR NUMBER
ffi n=~;;;~i.~~S',-~~~~:~i~O~f;NI"Ail- , --- jDf~!~I~;i~~~~;~Rf~5ettle !load
g '~ct~~;~U;'~;~j~;i~i------I~r~'~';~~,~---]~~~ 0; ~i~f~-~:;- Camp II ill, P^ 17 0 II
-~_ -______.. ... ._________.____.____4________.___..___._____ COU"'L-______. _______~.___.__
l!! l'J 1. Origlool R.lu,o LI 2, Suppl.m.olal R.lu,o [] 3. R.malod., R.'u,n
~il:l [) 4, Limlt.d E,'al. IJ 40. Fulu,. 101.,." Comploml.. [J 5. ~:~:,:lt~~I~~:;'~:rlorlo 12-13,821
is 2~ I'or dol.. 0' d.alh aft.r 12,12.821 R.lu,n R.qulr.d
...", tl 6, Oncod.ol DI.d T..lol. I)a 7, D.cod.o' Malolaln.d a llvlog Tru'l I!..- 8, TOlal Numb., 0' Safe D.po.1t Box..
~ IAlIlIch copy of Willi IAllach copy of T,u.11
----. ALi'cORRESPONDENCE-ANDCONPIDENTlAL TAX-INFORMATION SHOULD BI DIRECTED TOI
I "~,~ j'~'"''"'''"''''''''
~ l5 ,Jil1110R D. Bogar, Esquire 5 West Main Street
S!i! @Pi'O"'''UMCi. ----- Shiremanstown, P^ 17011
_u_~__ =J.71 7 __~_~7 _ 876 1 _" p 0 .
1. Roolll'ol. ISchodul. AI I 11"
2, Slod, aod Bood. ISch.dul. B) ( 2) .
3, ClolOly lIolel Slock/Pa,loo"hlp 101.,..1 ISch.dul. C) I 31 ______
4. Morlgogo. rlOd Nol.. R.c.lvabl. ISch.dul. D) I 4)___,__
5, Cmh, BlIok Dnpo.ll. & Milc.llao.ou. P."on.1 P,op.rly( 51 279 . 60
ISchodulo EI
6, Joiolly Own.d PrOp.'ly (Sch.dul. F)
7, T,ao,IolI ISch.dulo GIISch.dul. LI
8, Tollll 0'011 All." I'o'allio.. 1.71
9, Fuo.,,,1 E'I"o,o" Admioilllallv. Co.,.. MIIe.llan.oul ( 91._ 10 , 444 .69
Exp.o.., ISch.dul. II)
10, Dob". MO"gag. lIabilill.., lI.n, ISch.dul. I)
11. Tollllll.durlloOl 1101011100. 9 & 10)
12, No' y..luo 01 E,lal. 1110. 8 mlou.lio. 11)
13, Chmll..hl,. nod Gov.,om.olal 80qu.'1I (Sch.dul. JI
,,______. !.!._Nol YlIl"p Sub!~."~_u_!.o' J1i~_~2 mlou. 110. 131
IS. Amoulll of line 1~ 1C1l(able at 6% role
IIodudo vlll".. (rom Schodul. K 01 Sch.d.l. M,I
16, Amount of lino Iii tOJll;oblA 01 lSq.lo role
Ilodudo v"luDl from Sch.dul. K 0' Sch.dul. M,)
17, P,incipallu, duolAdd Ill' from 110.15 and Irom lio. 16,)
18. Crod." 5pou,ol Poverly Credit PrIor Parmonll Dlscounl
-0- 12796.56 673.50
.___. + n.._.___ +.. ._____ ..
19, IIlio,. 10 h <1'00'" ,hoo lio. 17,001.' ,h. diff".oc. 00 1100 19, Thl.I.lh. OVERPAYMENT.
LlII '
20, IIlio. Ii i. 9,.al.r Ihao line 18, .o'.r Ih. dlff.r.nc. on 110.20. Thil 1.lh. TAX DUE,
A. Enlor Iho intofell on the balance due on line 20A,
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2.6..5.....2.8.....____,.
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(12) 224!5()lJl_~._
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(131____...____....
(14) 224 ,501~~__.
(151 ,..2l.L.5_0-L.Q.6-_, K ,06 . 13,47 () .06______..
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(lBI n.....13, 4 70 ~_____..
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'c hete If you ora requostlng n refund of your ovcrpnyment.
-0-
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{20AI "'_"__
12081 ....__mo_
8, Enln' tho 10101 01 1100 20 aod 20A on 110. 20B, Thl. iI Ih. BALANCE DUE.
Mo~o CheckPllYab'..~o.'.R.I1.1!~!r of Will!. ~g.o'
-()-
,-------. .. .. DE SURe TOANSWeilAll QUESTiONS ON Revm&siDS AND To'RecHEcK MATH".- ,..
if~d;;' p~~n~iiie~-orrflrp"y, t df'IIClf~ 'ih~l- i hnv" ~~~.';;i~~d Ihlt --;;'urn, Including acc-~;panying schedule. and l'al;~.Clnd 10 IIII b~my'~~~wl.dg. and b.lI.~
1111 IrurI, correcl and rompl,.!" ,I c10clnrfl Ihol nil rftOllltlOlft hot been reporled atlrue market value, Declaration of preparer olh" Inon th, p,,,,onol repr.,entallve I.
bOlnd on nlllnfornHltillf1 01 wludl propCHflr hUl Clny knowledge,
!~fIA;\li! 6' ",'1(>'/ ~I "',,'\ '''.' fDR illiij" ~[j\liH '--ADfiii5,--)'O"'I-3 '(' ..------.K--t t--l."'--R"'-"'d.----'-- DAI! -----
,'l"'l'.l (I, I:!.IJ. '.\ . 1 . ~opper e e Oil
!Ic~\\li,r ~lWl'~~\~ ,'>~,il ~ \!,7~11~lp~i;t",^"vl.....^fifi'm--2.alw'1Vu, III iM,l-~j'-I'{ls...t~"'-J}OtJ-L.-------_... 0';/ I I 1_9_~__.
, 'I ,) eR. an, ree
, lec,. II :~'Jf (I '____ ..,____5.11 J.relllill1 stQWIlL J'^_U.Ojl ,_'_"', 4 / I lC~______
,I illllf'S D. (lIj><1d', 1':Hqll i ro
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" ~ ( ,
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING A CHE.CK MARK (~fIN THE
APPROPRIA TE BLOCKS.
VE.S -NO
1, Old decedent make a Iransfer and:
a. retain the use or income of the property transferred, """"".......".............""... X
b. retain the right to designate who shall use the property transferred or Its Income, X
c. retain a reversionary interest or .,..,."......".""........"1111..,....'.,.............."".....
X
d, receivEl the promise for life of either payments, benefits or care? '"'' "...... """""
2. If death occurred on or before December 12, 1982, did decedent within two years
preceding death transfer property without receiving adequate consideration? If death
occurred after December 12, 1982, did decedent tra:1Sfer property within one year of
death without receiving adequate consideration? ...".......".....................H...."."...
X
X
3. Old decedent own an 'In trust for' bank account at his or her death?"".."..,.."""."
X
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES,
YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
I,
I I';
;,\ ;1,
COMMONWIAlIH 0' /fNNV"I"ANIA
INHIRIIANC! lAX !If IN
, IUIDIN! P~CIPIN
ESTATE OF
Taylor Bouchelle
SCHEDULE E 1
CASH, BANK DEPOSITS AND
MISCELLANEOUS
PERSONAL PROPERTY ,.Pleate Print or Type
FiITNUM8ER
...
~I't',uo"r., 11..71
""
~~
w.
21-94-0076
jAil PI(\p;;tyjolnil)'~;;~~.~~~'ih;-iiighi'~j' ~u;~"hip-;;,~;;;d~;S(h.'d~i;Fi
ITEM
N,UMBER
DESCRIPTION
VALUE AT
DATE OF DEATH
1.
Capital Blue Cross
premium reflln~
279.60
"
",
'.
.1.\
i,,\ "I
"
,'- I. I"
'j.
',i
" H
"
II j,.
(,
"
" '
"
"
"
",
,l
"
, (,
'"
,
.'
I,'
"
,
"
,t
"
"
"
"
" ,
"
"
,'I,
,
"
/,
"
"1'
I'
"
"
"
, ,
"
,I,
'"
, ,',
"
"
"
,,'
',11,.
"
TOTAL Allo enter on line 5, RIca
s
279.60
"
I^,,",h .ddlll...1 1\'1' K II' .h,," II m."'pa" II ."dld,1
. ,
-ii'\'j:(,
, UY,lll0,lh 12,81: ~;~
~OMMONW"lll' 01 PFNNIYlYANIA
INHUIIANe. IAK !I1UIN
1I110lNI OleIOI"I
ESTATE OF
SCHEDULE G
TRANSFERS
PlEASE PRINT OR TYPE
...-
c:I'::'~'-
PlLiI NuMBER
w. Taylor Bouchelle
21-94-0076
. . . .
THIS SCHEDULE MUST BE COMPUTED AND flUD If THE ANSWER TO ANV OF THI QUISTlONS ON tHE RlVI~nS!~IOF TH!COVER SHI~_I!VlS~
ITEM DfSCRIPTlON Of PROPfRIY . ' TOTAL VAlUE DECO. DOllAR VALUE
h I h' d J d oil I EXCLUSION OF ASSET ~. OF l~fTqR'DEE5NTT'S
NUMBER Include nome 0' 'he ltonl""',' I;f" aliortl 'p 10 tetatnl, ale ronllt, ..-'NT '"'' ----... ....
1. On 1/19/90 W. Taylor Bouchelle, th
decedent herein, created a revocab e
trust agreement naming Elizabeth B
Hemler as the initial trustee. Th
said Elizabeth B. Hemler has serve
as the sole trustee from 1/19/90 t
1/13/94, the date of death of the
decedent, 1\1 though the revocable
trust agreement was executed in th
State of Florida, the situs of the
revocable trust agreement has been
in the Commonwealth of Pennsylvani .
The decedent was a resident of the
Commonwealth of Pennsylvania at th
date of his death. It is to be
noted that the household furnishin s
and the real property locatod in
Key (,argo, Florida, as referred to
in Exhibit "1\" of the revocable
trust agreement are no longer in
ex.istonce, Sllmo hav,lng been sold 0
transf'oned w1th the net proceeds
thereof being placed into the trus
A copy of the rovocabl e trus t
agreemon t is ,~t tached hereto.
The following described properties
have been maintained and administe ed
through the trust:
A) PNC Hank checking acct. no.
5140124665, W. Taylor Bouchelle
trust, date of death balance
of $1,722.14.
o
1,722.14 100%
1,722.14
B) CoreStates savings acct, no;
599BO-31240, W. Taylor Bouchell
trust, date of death value of
$7,198.42.
o
7,198.42 100%
7,198.42
.... ____u. _..n" ...--.--.--"
TOTAL IAI.o .nl" o. II... 7,R..apl'~~Ion)$.. CON'\' I r-l,UE.p
III mort .poco II ...d.d, ,"IIrl uddillanollhHh 0' .om. 01",'
,~
'{i.
"
1.' ~
.,
TRUST AQREEMENT
, THIS TRUST AGREEMENT ("Agreement"), made and entered
into at Key Largo, Monroe County, Florida this ~day of
January, 1990, io by and between W. TAYLOR BOUCHELLE of Key
Largo, Monroe County, Florida, as Settlor (hereinafter
refen'ed to as the "Settlor") and ELIZABETH B. HEMLER, as
initial Trustee (hereinafter referred t:o as the "Trustee")
and WILLIAM TAYLOR BOUCHELLE, JR., as Successor Trustee (also
referred t:o as "Trustee" or "Successor Trustee").
WIT N E SSE T H:
WIIEREAS, t:he Set:tlor desires t:o est:ablish a trust in
accordance wit:h the terms, conditions and provisions set
fort:h in t:his Agreement for t:he benefit of the beneficiaries
named in t:his Agreement:;
NOW, THEREFORE, in consideration of t:he mul:ual promises
and Covenant:s set: fox.t:h in t:his Agreement:, the Set:tlor does
revoke all prior Trust: Agreement:s pursuant: to the revocat:ion
and llIodifical:ion right:s reserved to Set:tlor in prior Trust
Agreement:s, and Set:tlor does execute, publish and declare
this the following Trust Agreement and in furtherance thereof
Sett:lor has this day transferred to and deposited with the
Trustee the property described on Exhibit: A att:ached to, and
hereby made a part: of, t:his Agreement:; t:he Trustee by signing
this Agreement: acknowledges receipt of said property and the
,', . "'I, ' .. .~., 'f' -''''".""
Page 1 of 36
.
Trustee shall hold the property as trustee in trust for the
usea and purposes and upon the terms and conditions set forth
in this Agreement.
1. Trus~ ~state. Any and all property of whatever
kind, nature and description held by the Trustee at any time
pursuant to this Agreement as a part of any of the trusts
established pursuant to this Agreement, shall constitute the
"Trust: Estate", All references in this Agreement to the
"trusl:s", "separate trusts", "trust shares", "trust
interests" or "'rrust Estate", unless otherwise specifically
provided in this Agreement, shall refer to each of the
trusts, separate trusts, trust shares or other trust
interests created pursuant to this Agreement and to the 'l'rust
~state of each of the respective trusts, separate trusts,
trust shares or other trust interests.
2. Receipt Q{ 'I'rust Estat~L The Trustee acknowledges
receipt of the Trust Estate; and the Trustee agrees to serve
as Trustee under this Agreement, and to hold, use, administer
and distribute the Trust Estate in accordance with the terms
.and conditions set forth and contained in this Agreement,
3. illJdiL.i9illL. The Settlor may, at any time, or from
time to time hereafter, add or cause to be ad~e~ ~o the Trust
Estate, by Will or otherwise, additional property of any
Page 2 of 36
, \
kind, nature or description by delivering the same to the
Trustee. Upon receipt thereof by the Trustee, said property
shall become a part of the Trust Estate and shall be held,
used, administered and distributed by the Trustee pursuant to
the terms of this Agreement. Any person, in addition to the
Settlor, may add property to the Trust Estate; provided,
however, that such property shall be added to the Trust
Estate only with the written consent of the Trustee. The
Personal Representative under Settlor's will is specifically
authorized to make such additions to the Trust Estate without
the further written permission of the Settlor. In connection
with Lhe receipt by the Trustee of any property added to the
Trust Estate by anyone, the Trustee is authorized to approve
any accounting of any such transfer, and to waive any notice
and to give releases; and the Trustee shall not be required
to audit or make any independent investigation or accounting
with respect to any addition to the Trust Estate. The
Trustee and her successors shall have the right to file any
required income tax, intangible tax or other tax returns for
the Trust and to assure that any taxes due are timely paid
thereon as to any assets which are placed in trust by Settlor
or wIth the written consent of the Trustee. The Trustee
shall maintain records of receipts and diDbursements of the
Trust,
4, Use of Trust ~~ During the lifetime of the
Page 3 of 36
~
Settlor, all net income from the Trust Estate shall be paid
to or for the benefit of the Settlor in payments which shall
occur not less frequently than semi-annually or at such other
times as the Settlor may request the same or the Trustee
determines Settlor has need of income for his health,
maintenance and general welfare. Said payments shall be made
to such person, persons or entity, and in such proportions as
the 1'rustee may determine or the Settlor may, from Hme to
time direct. Any income not paid annually shall be added to,
and bacome part of, the prinoipal of the Trust Estate. In
addition, the Trustee shall distribute to the Settlor all or
any part of the prinoipal of the Trust Estate, even to the
extent of taking the entire principal of the Trust Estate, at
such times and in such amounts as the Settlor may from time
to time direct. Notwithstanding the foregoing, in the event
that the Settlor shall any time be unable, in the opinion of
the Trustee, to attend to the Settlor's financial affairs,
then the Trustee shall distribute to, or apply for the
benefit of the Settlor from time to time, all of the inoome
of the Trust Estate (as well as such llmounts of the prinoipal
of tho Trust Estate as the Trustee shall deem to be
appropriate if, in the opinion of the Trustee, the net inoome
derived from the prinCipal of the Trust Estate is
insufficient) to provide for the health, care, maintenanoe,
support and comfort of the Settlor, after taking into
Page 4 of 36
.
consideration all other souroes of income available to the
Settlor whioh are known to or readily disooverable by the
Trustee. Any income not so distributed shall be added to the
principal of the Trust Estate.
So Death Qi Settlor '. Subject to the provisions of
Section 6 of this Agreement, after the death of the Settlor,
the Trust Estate (after the same shall have been augmented by
any other property as a result of the Settlor's death) shall
be diotributed by the Trustee as set forth in Section 7.
6.
Payment of Expenses and Taxes.
The Trustee shall
pay from the assets of the Trust Estate to the Fiduciary or
Persolli\l Representa t:ive administering Settlor's Estate suoh
amounts as the Fiduciary may request, taking into
consideration the directions hereinafter set forth, to assist
the Fiduciary in the payment of any unpaid expenses of the
last illness, funeral and burial expenses, bequests and
legally enforceable obligations of the Settlor, and the
estate administration expenses and death taxes of the estate
of tho Settlor, together with any interest and penalties
as see oed in connection with such death taxes. The payment to
be made by the Trustee to the Fiduciary shall be subject to
the following directions, limitations and requirements:
(a) ~~ Treasur1 flQnds. If assets which are a part
of the Trust Estate should inolude any United
states treasury bonds acceptable at par in the
payment of federal estate taxes, then the Trustee
Ahall deposit the same with a federal reserve bank
Page 5 of 36
for credit, at par plus accrued interest, in the
payment of the federal estate tax obligations of
the Settlor. The amount of such bonds and the
dates when such bonds should be used for these
purposes shall be determined by the Fiduciary and
the Trustee shall comply with the directions
received from the Fiduciary with respect thereto.
The Trustee shall have no duty to inquire into the
amount or propriety of any such federal estate
taxes or the amount or timeliness of such deposit
but shall be entitled to rely solely upon the
written instructions from the Fiduciary; provided
however, that. if the Fiduciary shall fail to so
direct the Trustee, the Trustee shall, with
appropriate prior advice to the Fiduciary, make
timely and maximum use of the United States
treasury bonds held as part of the Trust Estate in
payment of the federal estate tax obligations of
the Settlor.
(b) Direct Payment of Expenses and Taxes. In the event
that no Fiduciary shall be appointed to administer
said estate, then the Trustee shall, subject to
directions and limitations set forth in the first
sentence of this Section of this ^greement, pay
directly from the Trust Estate such sums in such
amounts as the Trustee in its discretion shall
determine to be advisable in order to payor
satisfy any and all of the purposes and directions
set forth in the first sentence of this Section of
this ^greement.
(c) JAmJ taUon on Use of Insurance Proceeds. The use
by the Trustee of proceeds of insurance on the life
of the Settlor for the payment of any of the
purposes specified in the first sentence of this
Section of this ^greement shall be at the
discretion of the Trustee.
The Trustee, in complying with the foregoing provisions of
this Rection of this ^greement, shall have no duty to follow
the ilpplication of any amount paid to the fiduciary of the
estate of the Settlor. The Trustee shall have no right or
duty to seek or obtain contribution or reimbursement from /.Iny
person or from any property on account of the payments made
Page 6 of 36
by the Trustee pursuant to the terms of this Seotion of this
Agreement. The Trustee is authorized to postpone the
allocation and/or distribution of any part of the Trust
Estate otherwise distributable under the terms of this
Agreement until all of the obligations described in this
Section of this Agreement shall have been fixed and
detennined and/or the amount required to be paid by the
Trustoe shall have been actually paid.
7. Distribution of Trust Assets !!mID Death Qf futLtlor.
Upon death of Settlor, the Trustee shall, from the
trust nasets, first pay any and all expenses, claims and
other obligations of Settlor and of Settlor's estate. The
remaining assets of the trust estate shall be equally divided
and distributed among Settlor's surviving children, share and
share nLike. In the event that one of Settlor's children
predeceases or dies simultaneously with Settlor, then that
child's estate shall be entitled to receive that child's
portion of the distribution, Any disputes as to distribution
or apportionment shall be resolved by the Trustee whose
decisioll shall be final and binding, If any individual who
is a potential or actual beneficiary under the terms of this
Trust challenges the distribution or the decision of the
Trustee, then that individual's portion shall cease and their
portioll equally divided among the remaining beneficiaries.
In making this distribution, Settlor specifically
Page 7 of 36
makes no provision for his wife, HELEN M. BOUCIIELLE, as it:
was lhe agreemenl belween lhem lo have their separate estales
which would pass lo each of lheir own children free of any
claims by the spouse or lhe spouse's children.
13, Insurance_L The Setllor, or any other person, firm
or corporation, lIIay at any time hereafter designate the
Trus/eu as a beneficiary under ilny policy of insurance on the
life of the Selllor or on the lives of others. Upon such
design\ltion, said policies and all proceeds therefrom shall
become part of the Trust Estate. The Settlor, and any other
person, firm or corpora tion, each do hereby reserve, only
with n!spect to the party making such beneficiary
desiyn,tion, the right to revoke or modify said beneficiary
desiqna tion from time to time in whole or in part unless such
right' has been limited, waived or assigned in writing by the
then owner; and in such an event, the Trustee shall execute
all documents or papers necessary to effectuate said
revocaUon or modification. Upon t.he death of the Settlor 01'
any ol:hor insured, the Trustee shall promptly proceed to
collocl the proceeds of any insurance policy which shall then
be parI: of the Trust Estate; and in connection th~rewith, the
Truslee may issue a receipl therefor, at which time the
insun'l shall be released of all obligations in connection
with lho payment of said proceeds upon acceptance of such
recel 1'1:8. 'l'he '1'r\lstee shall have the right to execute and
Page 8 of 36
deliver all instruments or other writings required to collect
such proceeds and to compromise or adjust any disputed claim
in nflY manner as the Trustee shall deem appropriate. Upon
the Trustee's receipt of the proceeds of any insurance
poli~y, the same shall augment and become part of the Trust
Estote and shall be held, used, administered and distributed
pursunnt to the terms of this Agreement.
9. Reservi!.l:l.on of Insurance Pol~ Riqhts. The
Settlor and the Trustee acknowledge that while the owner of
any insurance policy which is part of the Trust Estate shall
be living, such owner shall, and does hereby, reserve to the
owner (unless otherwise specified in this Agreement and/or in
any other document and/or instrument executed by such owner),
all benefits, dividends, surrender values, options, rights,
powers, privileges and incidents of ownership with resp~ct to
such policies. It is the intent of the Settlor that the
Trustee shall receive only the proceeds of any insurance
polivy payable at the death of the Settlor or any other
insured, subject to all loans and charges against such
proceeds as may have accrued during the lifetime of the
Settlor or the lifetime of any other insured. The Trustee
shall execute, upon the request of the owner of any insurance
policy, any release or other document or paper to assist such
owner in exercising any or all of the rights and powers
resorved to the owner under this Section of this Agreement.
Page 9 of 36
Nothing contained in this Agreement (including, but not
limited to/ the reserved right of the Settlor to amend this
Agreement) shall permit the SeUlor to exercise any ownership
right with respect: to any insurance policy which is not owned
by the Settlor, but which designates the Trustee as the
benef:iciary thereof:.
10. Qb1,iqati~ of Settlor to ~ Premiums. Neither
the Settlor nor any other owner of any insurance policy shall
be under any obligation or duty to anyone/ including any
beneficiary of the Trust Estate, to continue to pay any
premium, assessment or other charge necessary to keep any
insurance policy in force; and the Settlor and/or such owner
shall be liable to no person, including any beneficiary of
the Trust Estate, in the event that any insurance policy held
by the 'l'rustee shall lapse or be cancelled for any reason/
including the non-payment of any premium, assessment or other
charge, or should said insurance policy for any reason
whatsoever be uncollectible.
11. Obliqation Qf Trustee to ~ Premiums. The
Trustee may, but shall not be obligated during the lifetime
of the Settlor to, pay any premium, assessment or other
charge necessary to keep any insurance policy in force. The
Trustee shall be under no duty to keep the Settlor or any
beneficiary of the Trust Estate informed with respect to the
payment or non-payment of any premium; and the Trustee shall
Page 10 of 36
'H., ""'"
not be required to give the Settlor, or any other person
inoluding any benefioiary of the Trust Estate, notioe of the
non-payment of such premium, assessment or other charge. The
Trustee shall not be liable to anyone if any insurance policy
shall lapse or otherwise become uncolleotible for any reason
whatsoever.
12. Trustee Powers.
In addition to those conferred
UpOll a trustee by law, the Trustee shall have the fOllowing
specifiq rights, duties, powers, privileges, authorities,
immunities and obligations in administering the Trust Estate:
(b)
(c)
(a)
Acouisi tion. 1'0 purchase or acquire at public or
private sale or otherwise, any property, whether
real, personal or mixed, from any person, firm or
corporation including the Trusteel the estate of
the Settlor or any other trust established by the
Settlor or any other person (inclUding any
beneficiary of any trust established hereunder);
and to continue to hold any such property so
purchased, together with any property acquired by
the Trustee under any Will executed by the Settlor
or by any other person, without regard to whether
such property so received under any Will is
suitable for investment hereunder, and with no
responsibility or liability for depreciation in
value or for any loss resulting to the Trust Estate
from any property received under any Will. The
Trustee is directed to use the degree of jUdgment
and care in the exercise of the power to acquire
and retain trust property which is unproductive
which a prudent person would use is such person
were the owner of such property.
[lqents. To employ agents, attorneys, accountants
and investment counsel in connection with the
administr.ation of the Trust Estate. The Trustee
shall not be liable for any neglect, omission or
wrongdoing of such person, so long as the Trustee
shall have exercised reasonable care in making such
selection.
Allocations. To determine, in the discretion of
the Trustee and subject to the provisions
contained in this Agreement, whether or not money,
property or proceeds therefrom (including, but
Page 11 of 36
.I
,'"
(d)
without limitation, stock dividends, liquidating
dividends and distributions of any kind, nature and
description) coming into the hands of the Trustee
shall be treated as income or principal; to
apportion receipts, gains, losses, taxes, costs,
oommissions, charges and expenses to income or
principal in accordance with the laws of the state
of Florida, or in the absence of such laws, in
accordance with generally accepted principles of
trust accounting; to charge estate, inheritance and
other death taxes as well as other costs and
expenses, to any trust, trust share or separate
trust as the Trustee shall in the Trustee's sole
disoretion, deem appropriate; to pick and choose
the assets to be allocated to and among the trusts,
trust shares or separate trusts within the Trust
Estate; and to establish, reserve and to withhold
from the income and/or principal of the Trust .
Estate reasonable reserves, in cash or other
property, for replacements, repairs or
contingencies so that funds are reasonably
available to the Trustee to pay debts and
obligations which affect, encumber or impair any
property which is a part of the Trust Estate and/or
for which the Trustee and/or the Settlor and/or the
estate of the Settlor may be liable.
ADn4ities. To issue, acquire, grant, sell,
purchase, underwril:e or otherwise deal in or with
annuities, whether private annuities or commercial
annuities, with any person including any
beneficiary of l:he Trust Estate.
lillpoinl:ment Qf Special Trustee. To appoint and .
remove by written instrument, containing such terms
and conditions as the Trustee may deem appropriate,
any person, firm or corporation as special trusl:ee
to hold all or any part of any real property or
personal property which is a part of the Trust
Estate and which the trusl:ee shall determine the
Trustee cannot, or because of legal limitations on
the powers of the Trustee the Trustee deems
inadvisable to, hold as Trustee; and such special
trustee, except as specifically limited by the
appointing instrument, shall have the powers,
authorities and discretions granted to the Trustee
under this Agreement with respect to that part of
the Trust Estate held by such special trustee, and
the Trustee shall not be liable for any neglect,
omission ,of wrongdoing of such special trustee,
provided that the Trustee shall have exercised
reasonable care in the selection of the speoial
trustee.
(e)
Page 12 of 36
,
.
(g)
(h)
( i )
( j)
(f)
BorrowJ.illL. '1'0 borrow money from any person, firm
or corporation including, but not limited to, the
Fiduciary of the estate of the Settlor, the
Trustee, or any beneficiary of the Trust Estate,
for such periods of time and upon such terms and
conditions as the Trustee shall deem advisable I to
mortgngeor pledge such portion of the Trust Estate
as may be required to secure such loan or loans; to
renew or extend as maker or endorser any loan mado
by the Settlor or the estate of the Settlor, and to
mortgage or pledge all or any part of the property
comprising the Trust Estate to secure such
extension or renewal; and to grant such substituted
security or additional security as any lender may
from time to time determine, all as the Trustee may
reasonably determine to be advisable for the
protection, preservatioll, management and
improvement of the Trust Estate.
Busines!!..9lL. '1'0 engage in any business whatsoever
as proprietorship, partnership or corporation; to
invest or reinvest the funds of the Trust Estate in
said business; to engage in such business in
association with any person, firm or corporation
whatsoever, including the Trustee or any
beneficiary of the Trust Estate; and to organize
alone or with any other person, firm or
corporation, joint ventures, partnerships or other
forms of business organizations as and when the
Trustee sball deem the same to be advisable.
Chapter 11 Tax. To divide, in the Trustee's sole
discretion, property in any trust being held
pursuant to this Agreement with an inclusion ratio
(as defined in Section 2642(a)(1) of the Internal
Revenue Code of 1986, as amended) of neither one
nor zero into two separate trust representing two
fractional shares of the Trust Estate being
divided; one such separate trust to have an
inclusion ratio of one, and the other such separate
trust to have an inclusion ratio of zero.
Claill\!L.. To abandon, compromise, compound, adjust,
settle or submit to arbitration any claim, demand
or cause of action in favor of or against the Trust
Estate, whether such claim, demand or cause of
action shall be in litigation or not, and upon such.
terms and conditions as the Trustee shall, in the
Trustee's discretion, determine is appropriate.
Common 'I'rusts. 'ro invest and reinvest any part or
all of the property comprising the Trust Estate,
and any income earned thereon, in any mutual fund,
common trust, whether legal or discretionary,
Page 13 of 36
(k)
(1 )
(10 )
including but not limited to, funds or trusts which
may be established, operated or controlled by I:he
Trusl:ee.
~JDYlative Power~ The powers righl:s,
aul:horities and immunil:ies gran~ed herein 1:0 I:he
Trusl:ee shall be exercised in whole or in parI: frOl.1
time 1:0 time without any order or approval of any
courl: or ol:her authoril:y; and said powers, righl:s,
aul:horities and immunities shall be deemed to be
supplementary 1:0, and not exclusive of, I:he general
powers conferred upon a I:rusl:ee by law, and the
Trusl:ee is furl:her authorized 1:0 do such ol:her acts
and I:hings which, in the Trusl:ee's discretion, I:he
Trusl:ee del:ermines is appropriate in administering
the Trust Estal:e.
Disposll.ion~ '1'0 sell, exchange, assign,
transfer, mortgage, lease, convey, or otherwise
dispose of, or grant options with respect to, any
security or other property (real or personal,
tangible or intangible) which may at any time be a
part of the Trust Estate at public or private sale
for such purposes, at the fair market value thereof
and upon such other terms and conditions (inClUding
credit) as the Trustee shall reasonably deem to be
in the best interest of the Trust Estate; to enl:er
into lIny registration statement required by any
federal or state regulatory agency in order to
effect a public sale of any security held as part
of I:he Trusl: Estate, and in connection therewith,
to enter into any underwriting agreement (inclUding
any indemnification which is customarily a part
thereof), custody agreement, power of attorney or
other document normally employed in the sale of
securities by means of such registration and public
sale through an underwriting; and to effect sale
and exchanges from time to time of any property
which may at any time be held in the Trust Estal:e.
Distributions. To make any division or
distribution directed under this Agreement in cash
or in kind, but any property divided or distributed
in kind shall be taken al: its fair market value at
the time of said division or distribution, and if
the samo has no fair market value, then at such
value as the Trustee shall determine, and the
Trustee shall not be required to make a physical
division of I:he property comprising the Trust
Estate with respect to any trust established
hereunder excepl: where necessary for distribution,
but may keep such property in one or more
consolidated funds in which I:he trusts established
hereunder shall have undivided interests; Provided,
Page 14 of 36
however that in the event that the Fiduciary
and/or the Trustee has heretofore elected pursuant
to the provisions of the Internal. Revenue Code in
effect at the time of the death of the Settlor to
pay all or any portion of the federal estate tax
due to the death of the Settlor under any
installment plan, then, if a distribution would
aocelerate the date when such installments are due
and payable then, in such event, such property will
be retained in trust by the Trustee for such
additional period of time so as to permit the
installment election for the payment of such taxes
to continue for the maximum period which the
Trustee deems reasonable and appropriate under all
of the circumstances.
(n) ~uments, To make, exercise, execute,
acknowledge and deliver all contracts, deeds,
leases, instruments and other documents or papers
containing such terms, provisions, covenants and
warranties as the Trustee deems necessary or
appropriate in exercising the powers vested,
granted and conferred upon the Trustee under this
Agreement; and in connection therewith, no person,
firm or corporation dealing with the Trustee shall
be required to inquire into the propriety of any of
the Trustee's acts or in connection with any
document or instrument executed by the Trustee in
connection therewith, and the Trustee shall not be
required to furnish any evidence of the specific
authority of the Trustee's board of directors or
authority of the Trustee's board of directors of
other governing body (if applicable) for any action
taken or had hereunder and all such persons, firms
or corporations dealing with the Trustee shall be
fully protected and may rely solely upon the acts,
deeds and instruments given by the Trustee pursuant
to the terms of this Agreement.
(0) Enforcement. To commence all actions, suits and
proceedings with respect to any loan or advance
which is part of the Trust Estate, whether obtained
by the Trustee or made by the Trustee including,
but without limitation, all actions, suits or
proceedings upon promissory notes, mortgages,
security agreements or other instruments or paper
writings evidencing such loans or advances, and in
connection therewith, to buy at foreclosure, to
obtain a deed in lieu of foreclosure and to retain
any such properly so acquired, to take deficiency
judgments for such loans or advances, to levy
execution for the collection of any judgment
obtained, to reduce the interest rate on any such
loan or advance and/or to extend the time for the
Page 15 of 36
, (p)
,,'
(q)
'.','
"
"i'
"
,
payment of such loan or advance.
lniP~.~ Settlement To elect any settlement ,
option as may be avahable under any or all of tIle
policies of insurance or other contractual
agreements now or hereafter made a part of the '
Trust Estate.
Investment. To invest and reinvest all or any
part of the Trust Estate in any and all types and
,classes of property including, but not limited to,
real property, personal property and/or property
which is a combination of real. or per.sonal
property, wherever situated and however
characterized, including, but not limited to,
common and preferred stock, debentures, convertible
debentures, bonds, notes mortgage deeds mortgage
participations, loan participations, certificates
of deposit and/or partnership interests in real
estate investments and/or real estate trusts and
other kinds and characters of securities and/or
participations of any kind, nature and description
including, but without limitation, stocks, bonds
and/or other securities or participations of any
bank or trust company which at any time may be
serving as the Trustee hereunder and/or the bank or
trust company's then parent or then subsidiary
corporations; all without being limited to such
class or classes of investments or amounts thereof
'as may be prescribed uy any statute or rule of law
now or hereafter in force governing or prescr.ibing
the types and classes of investments for trust
companies, trustees or other fiduciaries; to vary
or transpose such investments so made into other
investments of a like, similar, dissimilar or
unlike nature; to exercise, buy, sell, exchange,
grant or obtain options and/or warrants or
otherwise deal with subscription, conversion or
other security rights; to participate in any manner,
whatsoever in incorporations, recapitalizations,
mergers, consolidations, exchanges, dissolutions,
arrangements, liquidations, creditors' or
bondholders' agreements or other proceedings
affecting securities or other property or
reolassification or reorganization of any property
or business comprising all or any part of the Trust,
Estate including, the waiver, if required, of
preemtive rights and/or any other statutory or
common law rights with respect to the ownership in
or to securities. In addition to the investment
.authorities conferred herein, the Trustee is
further authorized to invest and reinvest in assets
not ordinarily considered proper investments for
trusts, inoluding but not limited to securities
Page 16 of 36
(r)
offered by new and unseasoned ventures/ options in
any form of securities, commodities, gold, silver
and other precious metals, works of art/ antiques,
foreign currencies, coins, jewels, postage stamps,
rare books, heavy equipment, oil, gas/ minerals,
timber lInd other interests in natural resources,
real property lInd breeding animals, even though
such investments and assets may be regarded as
speculative, and such investments may be made in
such manner as the Trustee may in the Trustee's
discretion determine, including investments by
direct purchase or by purchase of futures
contracts, sport contracts/ claims, puts/ calls,
straddles, short or long contracts/ or any other
form of option agreement/ or by the making of loans
including equipment loans, or by the participation
in joint ventures, partnerships, corporations, or
by any other form of participation or ownership,
In furtherance of the foregoing, the Trustee may
retain such experts/ including specialized
investment counsel, appraisers, accountants and
attorneys, as the Trustee deems appropriate for
advice in the selection, maintenance and
disposition of such assets, and the Trustee may pay
the fees of any such experts as well as all
expenses incurred in the acquisition, storage,
maintenance and delivery of such assets.
~oans. To make secured or unsecured loans, at
such rates and upon such terms as the Trustee
determines to be appropriate, to any person, firm,
corporation or other entity including, but not
limited tOt the estate of the Settlor, any
beneficiary of the Trust Estate, or any
corporation, partnership, firm or business in which
any beneficiary of the Trust Estate is financially
interested as stockholder, partner or owner/ and
all loans to beneficiaries of the Trust Estate may
be taken and had br the Trustee without any
responsibility or iability for any loss resulting
to the Trust Estate from such loans.
Nominee... To register' or hold HUe to stocks,
bonds or other securities in the Trustee's own
name, or in the name of the Trustee's nominee or
nominees without disclosing the trusts/ or in
bearer form.
OriQinal Property J. '1'0 retain any of the original
property received from the Settlor or the estate of
the Settlor or any other person (including
specifically, but not limited to, any stock in
closelr held corporations/ or interest in general
or lim ted partnerships, joint ventures or other
I
I.
I
(s)
(t)
Page 17 of 36
",t
(ul
business enterprises and stocks I bonds, debentures
or other securities of the Trustee and/or the then
parent or then subsidiary corporations of the
. Trustee, if any I regardless of the character of
class of such property or whether the Trustee
leaves a disproportionately large part of the Trust
Estate invested in one type of' property by sale,
lease, exchange or otherwise.
Permi Hog rarties L To deal for and on behalf of
the 'I'rust Estate with the Trustee or a parent or
subsidiary corporation of the Trustee, if anr' or
with the Fiduciary of the estate of the Sett orl or
with any beneficiary of the Trust Estate, or with
any firm, corporation or business organization in
which the Trustee, Fiduciary or any beneficiary of
the Trust Estate may in any way be interested.
f.Lopert~ Manaqement S!pd DevelopmenL. To manage,
to maintain and to make repairs, replacements and
improvements, structural or otherwise, to any real
or personal property which is a part of the Trust
Estate; to pay taxes and assessments, general or
special, relating to any property which is a part
of the Trust Estate; to pay carrying charges with
respect to any property which is a part of the
Trust Estate; to obtain fire, theft, extended
coverage, liability or other insurance coverage for
any property which is a part of the Trust Estate or
insuring any activity carried on by the Trustee in
administering the Trust Estate and such insurance
,shall be in such amounts and provide for such
coverage and protection as the Trustee shall
determine; to subdivide real property, submit real
property to declarations of condominium ownership,
to dedicate real estate or any part thereof to
public or private use, to grant easements or
establish restrictions or reservations with respect
to any real estate; to enter into party-wall
agreements or similar agreements with respect to
the management, development or disposition of any
property which is a part of the Trust Estate; to
commence any action, suit or proceeding to remove
any cloud or defect affecting title to any property
which is a part of the Trust Estate; and to lease
upon such terms and for such duration
notwithstanding the terms of the trusts established
hereunder, Bny property which is part of the Trust
Estate.
(vI
(H) Proxies. 'ro vote in person or by proxy, any and
all shares of stock or other voting seourity
comprising any part or all of the Trust Estate and
to grant such proxies, discretionary or otherwise,
Page 18 of 36
(z)
(x)
as the Trustee shall determine to be proper.
Reliance. To rely upon any affidavit, letter,
paper writing or other information which the
Trustee in good faith shall determine to be
correct, and the Trustee shall not be liable for
any action taken in reasonable reliance thereon.
Retention... To hold, possess, manage and control
the Trust Estate for the purposes and uses herein
set forth.
Tax Elections. To exercise at such time and in
such manner as the Trustee shall determine as
appropriate any right, option or election which may
from time to time to available to the Trustee in
administering the Trust Estate in connection with
or relating to, any provision of any tax law,
including, but not limited to, the Internal Revenue
Code and the Regulations issued thereunder as same
are now or hereafter in force. The exercise of any
such right, option or election by the Trustee shall
be binding upon all of the beneficiaries of the
Trust Estate.
(y)
13. QQliqations of Trustee.
The Trustee shall be
obligated to exercise good faith and reasonable prudence in
administering the Trust Estate; and the Trustee shall not be
liable lo anyone, including any beneficiary of the Trust
Eslate, for any loss that may occur so long as the Trustee
shall have acted in good faith and with reasonable prudence
with respect to the Trust Estate. In the event that there
shall ever be more than one (1) person, firm or corporation
acting as the Trustee under this Agreement, than all acts of
the Trustee shall be laken and had upon a majority vote of
their number; provided, however, that in the event that only
two (2) persons, firms or corporations shall at any time be
acting AS the Trustee under this Agreement, then they shall
act upon their mutual concurrence. In the event that such
two persons, firms or corporations, as the case may be,
Page 19 of 36
shall be unable to agree as to any matter affecting the Trus't
Estate or otherwise arising out of this Agreement, then they
shall promptly and in good faith select one mutually
accuptable independent individual to review the matter in
question and to vote as to such matter in order to break the
deadlock. All persons affected by the determination of such
independent individual shall be bound thereby.
14. Transactions Hith rrustee ~ Trust Estate. No
person dealing with the Trustee shall be bound to make
inquiry concerning the propriety or validity of any act of
the Trustee under this Agreement or be liable for the
application of any money or other consideration paid or lent
by such person to the Trustee. Except as specifically set
forth in this Agreement, no person including, but not limited
to, the Trustee, the Settlor or any beneficiary of the Trust
Estate, may purchase, sell, exchange or otherwise deal with
any part or all of the property comprising the Trust Estate
for less than adequate consideration; and except as is
exprosRly authorized by the terms of this Agreement, no
person shall borrow from the Trust Estate at less than the
then prevailing interest rates for similar loans and with
less than adequate securi ty 0
15. Indemnification of ~\Istee. All of the
beneficiaries of the Trust Estate are hereby held firmly
bound to indemnify and save the Trustee harmless, to the
extent of their respective interests in the Trust Estate,
from all losses, costs, damages, expenses, charges and
Page 20 of 36
litigation, groundless or otherwise, of any kind and nature
which do not arise out of a default, by the Trustee, of the
terms of this Agreementl and, for all of the foregoing, the
Trustee shall have a lien upon all of the property comprising
the Trust Estate.
16. Compensation of Trustee~ The Trustee shall
receive fair and reasonable compensation for services
rendered pursuant to this Agreement in the capacity of a
trustee. The Trustee shall be entitled to receive specific
compensation for the preparation for filing of any tax return
required in connection with the Trust Estate; and such
payment for the preparation for filing of any such tax return
shall be in addition to the reasonable compensation payable
to the Trustee with respect to the Trustee's other services
rendered hereunder, In the event that a bank or trust
company shall at any time be serving as the Trus tee, then in
that event, the compensation payable to the bank or trust
company for its ordinary services as a trustee shall not
exceed the amount then being charged by that bank or trust
company for similar services at the time said compensation is
billed. It is the intent of the Settlor that a bank or trust
cOmpany serving as the Trustee pursuant to this Agreement
shall receive for its ordinary services compensation at its
then current r&te for similar services and fair and
reasonable compensation for its extraordinary services, if
any.
17. Records of Trustee.
The Trustee shall keep
Page 21 of 36
complete records of all receipts, disbursements,
distributions and other transactions involving the Trust
Estate. All such records shall be the property of the
Trustee, but such records, together with the trust property
and all evidences thereof, shall be available for inspection
to any adult beneficiary and the guardian of any minor
beneficiary at the office of the Trustee at any reasonable
time during the usual business hours of the Trustee. During
the lifetime of the Settlor, and if the Trust Estate shall
consist of property other than policies of insurance on the
. life of the Settlor, the Trustee shall furnish the Settlor
with quarterly statements of receipts and distributions
affecting the Trust Estate, Otherwise, no statement or
description of any kind need be furnished by the Trustee
during the lifetime of the Settlor. After the death of the
Settlor, the Trustees shall furnish upon written demand by
any adult beneficiary or the guardian of any minor
beneficiary statement of the receipts, disbursements,
distributions and other transactions affecting the interest
of each of such beneficiary in the Trust Estate and a
statement or description of the assets which are then a part
of the Trust Estate.
18. T~tee Resiqnation and Succession. Subject to the
provisions of this Agreement, ELIZABETH B. HEMLER shall serve
as and be the initial Trustee under this Agreement until
ELIZABETH B. HEMLER shall resign or otherwise discontinue
serving hereunder for any reason whatsoever. In the event
Page 22 of 36
"
,
,;
.1
,
1',1
"
that ELIZABETH B. HEMLER shall resign or otherwise
discontinue to serve hereunder, then WILLIAM'TAYLOR
BOUCHELLE, JR., shall immediately succeed as the Trustee
under this Agreement. In the event that WILLIAM TAYLOR'
BOUCHELLE, JR., shall resign or otherwise fail to serve,
either before or after commencing to serving as the Trustee,
then TIMOTHY NICHOLAS THOMES, P. A" shall become and be the
sole Trustee under this Agreement, The Trustee may at any
time resign by giving written notice to the Settlor, and if
the Settlor is not living at that time, then by written
notice to all beneficiaries of the Trust Estate who are then
entitled to current distributions from the Trust Estate. In
the event of such resignation and in the event that any
successor designated in this Agreement shall decline to
serve, the Settlor (if then living) or the person or persons
who are then entitled to current distributions from the Trust
Estate (if the Settlor is not then living), shall have the
right to designate another trustee. If no successor trustee
is named within thirty (30) days after the effective date of
the resignation of the resigning Trustee, then the resigning
Trustee shall apply to a court of competent jurisdiction for
. the appointment of a successor trustee. In the event that a
beneficiary of the Trust Estate who is entitled to receive a
current distribution hereunder is a minor at the time of any
resignation, then notice of resignation shall be given to the
legally appointed guardian, then to the person, firm or
'corporation having custody and care of such minor
Page 23 of 36
<, I.
"
beneficiary. If more than one benefioiary is entitled to
designate a suooessor trustee, then a majority of such
benefioiaries shall designate the suooesaor trustee. Any
person or finanoial institution designated to aot as the
Trustee under this Agreement shall qualify to serve in suoh
capacity either by executing this Agreement or by executing
an instrument in writing adopting eaoh, every and all of the
terms uf this Agreement. In the event that any such person
or financial institution shall execute this Agreement before
the date that such person or finanaial institution shall
commenee serving as the Trustee under this Agreement, suoh
execution of this Agreement shall be, and shall be deemed to
be, made solely for purposes of oonvenience in the suocession
of the Trustee pursuant to this Section of this Agreement,
and Ruch person or. financial institution shall not thereby be
liable for the acts or omissions of any predecessor or for
any event occurring prior to the date of the suooession of
such person or financial institution as the Trustee under
this Agreement. At the time of the succession of such person
or financial institution as Trustee under this Agreement,
such person or financial institution shall have all the same
rights, powers, privileges, authorities, immunities, duties
and obligations granted to and imposed upon the Trustee
pursuant to the terms of this Agreement.
19. Removal of ~rustee. Notwithstanding the
provisions of Section 18 of this Agreement, during the
lifetime of the Settlor, the Settlor may remove the Trustee
Page 24 of 36
and designate one or more individuals or a bank or I:rusl:
company having I:rusl: powers to serve as and be I:he Trusl:ee
under this Agreement.
20. Riaht Qf Setl:1or to Revo~ m: Amend.. The Setl:1or
reserves, solely, exclusively and independently 1:0 I:he
Settlor, at any I:ime, or from time to time, during I:he
lifetime of the Settlor, the right to amend, modify,
terminate or revoke this Agreement by notice in writing
delivered to the Trustee; and such amendment, modification,
lermination or revocation shall be effective upon receipt
thereof by the Trustee. In the event that the duties,
powers, liabilities or compensation of the Trustee shall be
changed substantially by such amendment or modification, then
the consent of the Trustee thereto shall be first required
before the same shall be effective. The right hereby
reserved to the Settlor to revoke or amend this Agreement is
exclusive and personal to the Settlor, including any
attorney-in-fact, guardian or conservator who may be
appointed for or by the Settlor in the event of the
disability of the Settlor or for any reason whatsoever.
21. Qmall Trusts. In the event that any trusl:,
separate trust, or separate trust share esl:ablished pursuanl:
1:0 I:he I:erms of this Agreement shall consist at any I:ime of
principal which the Trustee determines under all of the I:hen
existing circumstances not to be of sufficienl: size 1:0
continue to administer on an economical basis and that il:
would be to the best inl:erest of the then current beneficiary
Page 25 of 36
thereof to terminate the same, then, in those events, the
Trustee may either (i) distribute the remaining property of
each such trust, separate trust or separate trust share to
the beneficiary thereof or (ii) acquire with the remaining
property of each such trust, separate trust or separate
trust share, including any accumulated income thereon, to the
fullest extent possible, an annuity contract issued by an
insurance company authorized to do business in the state of
Florida, the proceeds of which annuity contract are to be
payable in periodic monthly installments to or for the
benefit of the beneficiary of the trust, separate trust or
separate trust share so terminated for a term which will
expire when such beneficiary would have received the final
distribution from the trust, separate trust or separate trust
sharo established under this Agreement for that beneficiary.
The annuity contract so acquired by the Trustee from such
insurance comrany, and the remaining proceeds not used to
purchase such annuity contract, may be distributed by the
Trustee directly to the beneficiary or to the guardian of the
beneficiary or to the person, firm or corporation having
custody and care of such beneficiary; and the delivery
thereof shall be a full and complete acquittance and release
of the Trustee to the extent of such delivery. The annuity
contract so acquired pursuant to the terms and provisions as
the Trustee shall determine to be appropriate and shall
further specifically provide that the beneficiary thereof
shall have no right to commute the value of said policy or
Page 26 of 36
.
otherwise alienate or encumber the same.
22. ,Discretionary RiQht 2! Trustee iQ Distribute DurinQ
Incapacity. In the eyent that any beneficiary of the Trust
Estate including, but not limited to, the Settlor, by reason
of any incident shall at any time be incapacitated or
disabled to the extent that, in the judgment of the Trustee
after a fair and reasonable investigation into the facts
surrounding such incapacity, such beneficiary is unable to
manage his or,her personal and financial affairs, then the
Trustee, dUling such period of incapacity and continuing even
though the trust established for such beneficiary would have
otherwise terminated pursuant to the provisions of this
Agreement, is authorized to hold the interest of said
beneficiary in the Trust Estate as if the interest of such
beneficiary was a discretionary trust and to thereupon pay to
such beneficiary and/or on behalf and/or for the benafit of
such beneficiary or to the person/ firm or corporation having
custody and care of such beneficiary, such portion of the
income and/or principal of the interest of such beneficiary
in the Trust Estate as the Trustee may determine is necessary
and proper in the reasonable discretion of the Trustee to
provide for the health, education, support and maintenance of
that beneficiary. In exercising the discretion granted to
the Trustee pursuant to the terms of this section of this
Agreement, the Trustee shall consider the needs of the
beneficiary to provide suitably for the health, education,
support and maintenance of such beneficiary. Any net income
Page 27 of 36
which is not so distributed for the aforesaid purposes shall
be annually added to the principal of the interest of such
beneficiary in the Trust Estate. In lieu of such retention,
the Trustee may distribute the interest of such beneficiary
in the Trust Estate to the legal guardian of such beneficiary
or, if none, to the person, firm or corporation having care
and custody of such beneficiary even though such person,
firm, or corporation is not the legal guardian of such
beneficiary. In the event of the death of a beneficiary
while the provisions of this Section of this Agreement are
operative, the interest of such beneficiary in the Trust
Estate shall thereupon be distributed to the estate of such
beneficiary.
23. Distributee~ Under the Aqe Maioritv~ In the event
that any portion of the Trust Estate shall vest in, or be
distributable to, a distributee who is then under the age of
majority, then the property otherwise distributable to such
distributee, though vested in such person, shall be retained
by the Trustee in trust until such distributee shall attain
the age of majority; and thereupon, the Trustee shall
distribute the same to that person when he or she attains the
age of majority. During the period of time that the Trustee
shall be in retention of such property, the Trustee is
authorized and empowered to pay to or for the benefit of
and/or use on behalf of such distributee such amounts of the
net income and/or principal of the interest of the
distributee in the Trust Estate as the Trustee deems
Page 28 of 36
necessary, proper or appropriate to provide for the support,
health, maintenance and education of such distributee, and
for such other purposes as the Trustee in the Trustee's
discretion, shall determine. Any income not so expended
shall be annually added to the principal of the trust
interest held for the benefit of that distributee. In the
event that such distributee shall die prior to attaining the
age of majority, the Trustee shall distribute the remainder
of the trust interest of such distributee to the heirs-at-law
of such distributee as determined by the laws of the state of
the residence of such distributee then in effect governing
the descent and distribution of intestate personal property.
In lieu of such retention by the Trustee, the Trustee shall
have the authority to distribute such portion of the Trust
Estate to the legal guardian of such distributee or, if none,
to the person, firm or corporation having care and oustody of
such distributee even though such person, firm or corporation
is not the legal guardian of such distributee. The written
receipt of such guardian or custodian shall be a complete
release to the Trustee, and the Trustee shall have no duty to
see to the use or application of any funds so distributed.
24. Prohibition Aqain~~ Alienation. No income or
principal payable to any beneficiary of the Trust Estate
shall be alienated, disposed of or in any manner enoumbered
while in the possession of the Trustee otherwise than by the
authorized act of the Trustee; and if by reason of any act of
any such beneficiary or by the operation of law or by the
Page 29 of 36
ooourrenoe. of any event, or for any other reason exoept by an
aot of the Trustee authorized. hereunder, any of suoh income'
or principal shall, or except for this provision would, cease.
to be enjoyed by suoh beneficiary, or if by reason of any
'attempt of any beneficiary to alienate, charge or enoumber
the same, or if because of any attachment, garnishment or
other prooeeding, or any order, finding or judgment of any
oourt, either at law or in equity, the same, exoept for this
provision, would vest in or be enjoyed by some other person,
firm or corporation otherw~se than as provided in this
Agreement, then the trusts herein expressed conoerning such
income and/or principal shall cease and be terminated as to
suoh benefioiary. In such event, all such income and/or
principal thereafter during the lifetime of such beneficiary,
subject to the terms and provisions of those sections of this
. Agreement pertaining to distributees under the age of
majority, the rule against perpetuities and to the rights of
'all other beneficiaries as provided in this Agreement, shall
.. be held by the Trus\:ee according \:0 the Trustee's absolute
disoretion; but the Trustee meanwhile may pay to or expend
for such beneficiary for the main\:enanoe, support, health and
education of such beneficiary or of any spouse or any
dependent child of such beneficiary, suoh sums and such sums
only as the Trustee, in the Trustee's sole discretion shall
deem ~roper, using or retaining any portion not so expended
for the benefi\: of other beneficiaries. Upon the death of
such former beneficiary, or in the event that the provisions
Page 30 of 36
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of the Seotion of this Agreement pertaining to the rule
against perpetuities shall beoome applioable, as the case may
be, the trust or any share thereof formerly held for such
benefioiary and remaining in the possession of the Trustee
and any undistributed income thereof, shall be paid over and
distributed in the manner provided in this Agreement for the
payment and distribution of the interest of such former
beneficiary in the Trust Estate upon the death of such
beneficiary before receiving full distribution thereof.
25. Rule Aaainst Perpetuities. Any and all trusts
established hereunder shall terminate in any event, and every
final distribution or payment of the prinoipal of the Trust
Estate shall be made, not later than twenty-one (21) years
less one (1) day after the death of the last to die of
Set.tlor and the distributees who are living at the death of
the Settlor provided that the trusts and trust shares
established hereunder shall not have terminated previously in
accordance with the terms of this Agreement. In the event of
the termination of said trusts and/or trust shares in
aocordance with the terms of this Section of this Agreement,
the Trustee shall pay over and deliver the property
constituting the principal of said trusts and/or trust
shares, and all accumulated income therefrom, free of any
trust to such persons in the proportion to which they are
then entitled to the income and principal from the Trust
Estate, to be theirs absolutely and free of any trust.
26. Presumption of Death. Whenever it is relevant in
Page 31 of 36
carrying out the terms and provisions of this Agreement to
determine whether the Spouse of the of the Settlor survived
the Settlor, Settlor shall be deemed to have survived his
Spouse/ if they die under circumstances that the order of
their deaths cannot be established by proof or evidence.
27. Definitions ~ ~ in ~ AQreement
The following words, phrases and terms shall have
the following meaning, any law to the contrary
notwithstanding:
(a) "Child" or "Children" shall mean those persons
identified as children of the Settlor as hereinafter
set forth as well as any other child or children of
the Settlor hereafter born to the Spouse of the
Settlor as a consequence of the marriage of said
Spouse to the Settlor, or any child or children
hereafter legally adopted by the Settlor. Any
person who was, or hereafter is, legally adopted
during the minority of such person shall, for all
purposes of this Agreement, be deemed to be a person
born of the blood of the adopting parent or parents.
If a person wast or is hereafter, legally adopted by
another person theri such adoption shall not in any
way deprive such person of the status of being a
child under this instrument, and such adopted person
shall continue to be such a child of his or her
natural parents for purposes of the definition of
the term ''''child'' in this Agreement. At the present
time the Settlor has three sons named herein.
The child or children of the Settlor shall only
receive the proceeds and benefits from the Settlor
as set forth and provided in this Agreement.
(b) "Death Taxes" shall mean all estate/ inheritance,
succession transfer or other taxes of a similar
nature whether federal, state or local, which may
be assessed or imposed by reason of the death of
the Settlor and any interest and penalties thereon.
(0) "Education" shall mean and include to the extent
practicable as the Trustee shall determine, the
costs/ including tuition, books, room and board of
advanced or college preparatory schools, college
education and other professional school education,
studies, programs, and courses, education in art
Page 32 of 36
(d)
(e)
(f)
schools, music schools, secretarial schools/ night
schools, nursing schools and other special training
courses and/or technical courses or programs or any
other educational training, court program or
endeavor which may be available to a beneficiary of
the Trust Estate which the Trustee in the Trustee's
sole and absolute discretion determines to be
beneficial to the recipient beneficiary so as to
make that beneficiary self-supporting and
financially independent to the extent reasonable.
"Fiduciary" shall mean any executor, executrix,
administrator, administratrix, conservator/ or
personal representative, which may be a natural
person or a qualified bank or trust company
appointed by a court of competent jurisdiction;
said person, bank or trust company, having a duty .
created by his, her, its or their undertaking to
act primarily for the benefit of the administration
of ~he estate of the decedent Settlor.
"Issue" shall mean and include any person who is a
lineal descendant whether by legal adoption or
birth of any person with respect to whom issue are
to be determined.
"Minor" or "minori ty" shall mean any person who has
not attained the age of majority in the state,
Commonwealth or District of his or her domicile.
28. Standard for Discretion.
The Trustee, in making
the discretionary distributions provided and permitted
pursuant to the terms of this Agreement to provide for the
health, care, maintenance, support, and education of any
beneficiary of the Trust Estate, shall distribute such
amounts which, when added to any income to which the
beneficiary is then entitled to receive and from all other
sources available for such beneficiary of which the Trustee
has knowledge, the Trustee deems appropriate to provide
suitably for the health, care, maintenance, support and
education of such beneficiary. The Trustee shall not, as a
prerequisito to exercising the discretion granted to the
Page 33 of 36
.-. '. .~.
Trustee pursuant to the terms of this Agreement, require that
the benefioiary sell any residence or other aocommodation
wh~ch the beneficiary occupies as his or her personal
residence and which is reasonably suited for his or her
circumstances, or to sell any article of tangible personal
effects, automobiles, books, boats, jewelry, heir.looms and/or
art objects. It is the intent of the Settlor that the right
of the Trustee to make distributions as provided in this
Agreement for the benefit of the beneficiaries of the Trust
Estate shall be liberally construed and exercised.
29. Mer~ In the event that the Trustee shall
become the Trustee of other trusts which provide
substantially the same rights, income and/or distributions
for the same beneficiaries in all r.espects, then in that
event, the Trustee may, in the Trustee's discretion, combine
and merge such trusts into a single trust for economy and
administration; provided, however, that in no event shall the
Marital Trust be in any way merged into a separate or other
trust so long as the Spouse of the Settlor is living.
30. tlQ ~ond Required of the Trustee. The Trustee
and/or any successor trustee shall not be required to give
any bond or other security in any jurisdiction for any
purpose whatsoever; and, except as otherwise provided herein,
all accountings, appraisals and inventories shall be
completely dispensed with insofar as the same may be lawfully
done.
31. Executed Copies.
This Agreement may be executed
Page 34 of 36
in multip:~ oopies and eaoh exeouted oopY shall be deemed to
be an original.
32. Severabilitv~
In the event that any provision of
this Agreement shall be or become invalid or unenforoeable,
the remaining provisions of this Agreement shall nevertheless
be and remain in full force and effect.
33. QQyerninq ~
This Agreement has been executed
and delivered in the state of Florida and shall be governed,
construed and administered in accordance with t.he laws of
that state.
34. ~adinqs ~ Titles.
The headings and titles set
forth herein are for convenience and reference only and shall
not any way affect the interpretation or construction of any
of the terms and provisions of this Agreement.
IN WITNESS WHEREOF, the Settlor and the Trustee have
executed this Trust Agreement at the place and date
hereinabove first written.
Signed in the presence of:
Lnt CDu Jrn,t h J Jdw A-o.JT"
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~a,~~ ~ rt.7tku_--
As to fe 'tl6r
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VJf AhA J1'J./AlJ.lLJr a .A 11 Y
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1/ r /At, de -;:t./ut..t..-.
As to US a'o
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~ ~...b.'J{.... B ~~I '-<:.S
ELI ZABETH B. HEMLER -
"Trustee"
Page 35 of 36
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, STATE ,OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersignod authority, personally
appeared, W.TAYLOR BOUCHELLE, and ELIZABETH B. HEMLER, to me
well known, who having been placed under oath swear and
affirm that ther have read the foregoing instrument and are
signing it free y and voluntarily wit full know ge of the
obligations and powers contained th in.
My commisSiOt' ElQQn8ll: S111l 0' 1'1(,,,1;.\
'" CllmUIOR lIP, He 15,IU'10
~ tmlID '"AU IUUAl US. VIV. ,
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Page 36 of 36
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EXHIBIT A
Transferred this ~day of Ja~uary, 19901 into the
W. TAYLOR BOUCHELLE Living Trust:
1, The sum of $500.00
2. All household furnishings at 22 Bay Ridge Road,
Ocean Reef Club, Key Largo, Monroe County, Florida
3. That real property known as: 22 Bay Ridge Road,
Ocean Reef Club, Key Largo, Monroe County, Florida,
together with all improvements thereon.
Placed into Trust this 19th day of January, 1990, by:
, tut(L~__
w.
Accepted into Trust this 19th day of January, ,1990, bYl
~~ B.~/..v-
. ELIZABETH B. HEMLER
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1'J1:1 C;iulhlt, 1'11,1'
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PNCJl~ANK
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Janua ry 31, ,1994
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James 0 Bogar
Attorney At Law
6 West f4ain St
Shiremanstown Pa 17011
RE: W Taylor Bouchelle
Date of Death: January 13, .1994
Dear Mr. Bogar:
As per your request for information on accounts the above referenced decedent
held with us, the information 1s as follows:
. .
Checking Account No. 5140124666 opened 3-20-90 in the name of W Taylor Bouchelle
Trust, El1zabeth B Hemler, Trustee Liv1ng Trust dated 1-1990, Balance at date, '
of death: $1,721.48, Accrued Interest: $.66.
If I can be of any further assistance, please do not hesitate to contact me at
(717) 730-2313.
Sincerely,
'~
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Drew J. Kishbaugh
Electronic Services Manager
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CrHI'Slalos FIIII",elol Corp
CI'A 80 Govo""lIonl
Ilo'luosl Drip,ulmonl
PO Box 6067
PhU,uolplllo I'A 191U1,6067
215 ')73 '1619
February 8, 1994
/Jal1klllg SlIbs/(liarlOs
C%Slnloq Bnnk NA
. Phllndolphln Nntlonol flank
. C%Slalos FlIsl Ponnsylvanla Bnnk
. CornSlolos 1I0I11IIIon Bonk
Now ,Io/soy NollOnal Bonk
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COl'oStates
James D. Bogar
Attorney at Law
5 West Main street
Shiremanstown, PA 17011
ReI Estate of W. Taylor Bouchelle
I&te of Death: 1/13/94
Dear Mr. Bogar:
In r.esponse to your letter of January 27/ 1994,
please be advised that the deoedent held the
following aocount(s) with our bank:
Typel
Account NOI
Titlel
Date Opanedl
Date of Death
Balancel
Accrued
Interestl
Totall
Typel
Account NOI
Titlel
Date openedl
Date of Death
Balancel
Accrued
Interestl
Totall
savings
59980-31240
W. Taylor. Bouchelle - Legl.
Elizabeth B. Hemler - Trst.
10/27/92
$7,189.75
8.67
$7,198.42
Checking
5902-8650
W. Taylor Bouchelle - Trust
Elizabeth B. Hemler - Trst.
4/20/90
$13/105.53
4 .),2
$13,109.68
We trust we have been of assistanoe to you in this
matter.
Sincerely,
, r
,....(-1' I (( /J~d;( H.,-
AuthorIzed Signature
, IIHml'l.VflfiW110;
TB / sd TEnny OEli. ll'!.iJ?'/C,07J.4GI9
C~A & aOVlWIMl/JI P.COlIEST DEPT,
F,C.OHn2.1o.IS
F', (), eox 8GG7
~Hll~DELPI /lA, PA 19101
I'hl'"rI,'lplllo Nllllnnol Bonk, CoroSlolos First Pennsylvania Bank and
C"'ftS,n'ftq I 11111111101\ Blink aro incorpn,alou as CoreSlalo9 Bsnk, N A
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Mellon Bank
MIlllnn I1nnk, N.^,
Mclinn Ilnnk C.'nll'l'
1',0, IInx 7RIIII
I'hllnlit.IJlhln, I'i\ 1II1111,j'HIII\
I
February 16, 1994
James D. Bogar, Esquire
5 West Mc1in Street
ShirenanstO\llTl, Pa. 17011
Dea r Mr. Bogar:
In accordance with your reguest~ the followin8 information is
provided as of January 13, 19~4
"
Account
Number
and'
Title
---
Date
Opened
Type of
Account
'Principel
Balance
As of
Date of
Death
Interest
,Earned
From Last
Postin8 to
Date of
Death
Total
Balance
To Date of
Death
Total
Interest
Earned
This Year
To Date of
Death
25-A562l5C 4/15/91
Living Trust of
W. Taylor Bouchelle
dated 1/19/90
Elizabeth B. Hemler,
Growth $11,055.95
Certificate
'$220.06
$11,204.01
$220.06
Trus1:ee
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Please contact this ,department if you have ,any questions.
'I,
Sincerely,
, .0; ,. " ,; '" . v\'~ (.(,
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Deposit Services Analyst
Mellon Bank, N.A.
P.O. Box 7899
Philadelphia, PA 19106-7899
215-553-8080
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. Prudential Secunt,.es ~
Frederlok D. DePalma
Anlslanl "ranch Monagof
Vlco f'losldonl.lnvnllmonIA
February.10, 1994
Hr. .lames D. Bogar, ESQ
5 W. Hain Street
. Shlremanstown, PA 17011
Dear Jiml
REI Eatate of W. Taylor Bouchelle PSI A/c 1104'1-246686
As you requssted, 1 have
for each security held in Hr.
of desCh, January 13, 1994.
provided below a listing of values
Rouchelle"s acceunt as of his date
AHOUNT DESCRIPTION f! VALUF,
6961 COHHAND HONEY FUND 1. 00 $6,961.38
425 FPL GROUP INC 36.50 15,512.50
4000 HYPERION 1997 TRH TR 8.00 32,000.00
650 LONG ISLAND LGT 23.25 15, 1 12. 5 0
500 NY ST ELEe & GAS 29.50 14,750.00
6700 VKH PA HII TR 15.63 104,687.50
20,000 WESTMAN HTG HCa 97.875 19,575.00
6.36% 08-26-20
$201,637.88
I hope this information
on this estate. Please feel
qusstions, or comments.
will help you to complete your work
free Co contact me with your
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Sincerely,
, ,2) /s.;
erick D. DePalma
A ista~t Branch Manager
Vice Preeident-Investmo~ts
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Prudenllal Securlllss Incorporated, 1011 Mumma Road, Wormlsysburg, PA 17043 Tel, 717975;8406 PA ROO 227;0985
Nal'l 800 488.8685 ..
11.,.151111I.".'-1
ISTATI 0'
ITEM
NUMBaR
A.
2 .
3.
B.
2.
SCHEDULE H
FUNERAL EXPENSES,
ADMINISTRATIVE COSTS AND
MISCELLANEOUS EXPENSES Plla.. Print or T'fpI
o - ] PILI NUMBER -
Ilouc he 11=____________._____ 21 ~.l) ~..::. 0 () 7 ~_.____
~~t~
COMMONWfA\!H 01 PlNNIYlVAtUA
INH!RIIANCI lAW mURN
!!IIO!NIOIClO!NI
W. Taylor
DESCRIPTION
1.
Funllal EMpln."1
Neill F'uneral Ilome - funeral
Neill Funeral 1I0me - flowers
Peg Butler - cleaning and assistance at funeral
dinner
CONTINUED - SEE NI"!'^CIlED
Admlnl.trafly. Co.II,
1.
None claimed or paid
Pellonal Represenlatlye Cammllllans
Soclol Security Number of Pellonal Represenlotly.,
Yeor Commllllons pold _
AtlorneyFees James D. Bogar, Esquire, per agreement
3. Family E..mpllon None claimed
Clalmonl Relollonlhlp
Addrell of Clalmanl 01 decedenl's deoth
Slreel Addrlll
4,
C.
1.
2.
3.
4.
5.
6.
7.
8,
City
Slole __ Zip Cadl_~ _
Prabate Foes Register of Wills
MI.elllanlou. Expln.I.1
William Wire, CP^ - prepartion of 1993 Federal &
State Income Tax Returns
RESERVE: Costs to conclude administration of estate
including filing of P^ Inheritance Tax
Return and Inventory, Firot and Final
^ccount and Statement of Proposed Distri-
bution, preparation of 1994 Personal Income
Tax Returns and preparation of Fiduciary
Income Tax Returns
TOTAL (Also Inl., on line 9, Rlcapllulotlr:"1
III mort .paul. n..dld, In."I additional .h.... of .aml .111.)
AMOUNT
6,465.00
31.80
120.00
1,875.00
302.00
405.00
450.00
$ CONT 1 NUIW
SCHEDULE H - CONTI~
,
Estate of W. Taylor Bouchelle I
. A.
4 .
5,
6.
7.
8.
9.
10.
11.
21-94-00.76
Funeral ExpenBes continuedl
Lisa McI~tyre - soloist at funeral
$
25.00
40.00
100.00
Jay Risser - organist at funeral
Rev. Monsignor II. Overbaugh - celebra tionof maBS
Elizabeth B. Hemler - rei!lIbursement for food for'
funeral meal
20!L54
60.00
Ga~e of Ileaven Cemetery - Hawthorne, New York
burial
Joseph PolchinBki Co. - grave marker
Stephenson's Flowers, Inc. - flowers for internment
at Hawthorne, New York
265.00
47.70
Taoon ic Brauhaus Res taurant - Hawthorne, New York
burial lunch
(It is to be noted that funeral services were held for
the decedent in Camp II ill , P^ with internment taking
pl~ce in Ilawthorne, New York)
52.65
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TOTAL .',
10,444.69
$
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LAST WII,J, ^N" THSTAMENT 0,'
W. TAYJ,On MIICnEI,I,I:
Ii,
It WI TAYI.Ok BOUC"l::I,I,~:, of lIampdlln Tuwnlhipi Cumb~rland
County, Penn.ylvanla, do mnkn, p\lblish an~ deolarQ this to bn my
taut W~ll and Te8t"ment, horelly rnvoking /Ill Will. anll Co~Hoil8
by'me, At any time made.
I
I
!!!!.ll I clirclO\; t.hat all 1llhor1t.1tIlcc and oltato
taXQS becoming duo by reuon of my death, whothor stich tu:e. milY
be payable by my o8tate or by ,'ny rooipient 01 any IIroperty,
shall ho paid by the Exooutor oul of tho propurty pAllRing undor
ITt:M IV of thla Will, u an QXPOlltlO and cost or administration 0'(
my DltatO. The Exooutor shall hnvfJ no duty Of Qh1i9Qtion to
obtain reimburlnmont for "IIY suoh Ux 80 pllid, Elvon though on
proceeds of insuranco or othor property not passinq undor thh
WlIl.
IT2M 111 I direct the txooutor to PAY tho
OX'1(\IIIIU8 ot my laot illnfllfl nlilt funeral llxllonooB from lhe
pr~pnrty pI.ling undu this Will a8 10 exponao and coat ot
admin~8tration ot my 08tato.
ITEH JIll I IJivu llnd bequoath to my iuuo, ~
.Urp8s, to be divhlnd among lhOlIl Itl thoy may ngreo, AblOlutely
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long as 'tho EKeoutor may deom it advlsabh to my Ilstflto 80
to do.
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(bt To vary inv(lstmontl, whon doolnnd dedrahlu' Uy tho
Bxeoutor, and to tnYout 1n 'suoh bondo, UDoks, notee, roal
eshte mortCjllgos or othor soouritios or in Buoh othul'
property, real Of paroonnl~ u tho Exooutor _hall doom who,
without buing roatricltod to so..oal1ml Illegal invoBtmontu"
and without bathe] Urnl Lod hV II statuto Of rulo of law
rogudln9 invoetRlonts l.Jy fiduohrioR.
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(0) In order to llfloct a divhion of tho prinoipal of
my eltato 01' far any othur purposo, inoluding any final
dhtributlon, the Exocutor is luthorhod to mako flldcl
divhipnl or dhtributlono (If tho porsunalty And roalLy
partly or wholly 1n kine], and to allOllllto spocific Duota
ftmcng be~Dfiohrieo so lonl) IU tho lutal markot valuo ot any
.hare i. not dfeotud hy Buch division, dJatdhution or
alloolUon in kind. Should 1t Ippoar doslrablo to pllrtltion
any real ostate, tho .~Xlloutor il authorlzod to mako, join 1n
'and oonlurnmato partitlUllll of hnds, voluntarlly or
involuntarily, inoludlnq ~lJvinCJ of multlal doodl,
reao9nhanoOl or othor ohl iCJAtionu, wlth as widCl pnWflfll au .
In Individual ownor in foo nimplo.
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(d) To ..11 .Ith., At publloor privAtA ..1. And upon
luoh tet.' and oondition. 41 the Exeoutor may deem
advantaqlou. to tho e.tate, any or all roal or personal
eltatl or intoreet therein owned by tho estate loverally or
1n ~onjunotion with other persona or acquired aftor my doath
by the Ixeoutor, Ind to aon,u~lte 8aid 8110 or 8alel by
luffiaient deedl or other lnltrumentl to the purch..er or
purah.lora, conveyln9 a foo li.ple title, fr~e and olear of
all trult and without obligation or li~bility of the
purch.ler or purahalorl to .e. to the application of th.
purcha.. money or to mako inquiry into the validity of laid
..le or .alel' allo, to mako, execute, acknowled98 and
deliver any and all doedl, alei9nments, optionl or other
wr~tln9' whioh may be neoolaary or dosirable 1n oarryinq out
any of the power I conforred upon the Exeoutor 1n thi,
p.rAg'Aph or .I..wh.'. In.my Will.
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lei To mortql90 roal oltatl, and to make leal.. of
roal ntatl.
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tf) To borrow money from any party, 1noludin9 the
Executor, to pay indebtednou. of mine or of my estato,
I.penlo., of adminhtration or inheritanoe, 1eqacy, ."tat.
and other talCel, and to al8i90 and pledge asset. of my
ostate tharufor.
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lill To (IIV III U.lt./ taUI, oKpon.o. ond ohorgol In
IIollnloLlon with tll' odmlnlotraUon of my ..toto,
Ih.1 To Voto ony Iharo. of .took whloh form 0 part of
lho a.tato, and to otharwilu'exeroil8 all the powers
. Inold.nt to tho ""no..hlp of .uoh .taok.
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~11 In tho d18cration of the Executor, to unite with
othar owner. at .lmilar property in carrying out any plana
rOt tho orvanilation of any oorporation or oompany whosu
..our~tie. form a part of the ..tato.
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fll to dl.olalm onv Intoro.t In proportv whloh would
.lavolvo to "'41 or my oetate by whatover means, including but
not limltad to tho following mean., as beneficiary under a
Will, a. an appointeo under the exoroise of a power of
.rl~intmont, a. a perlon entitled to take by int.eatloy, ae I
dona. uf In inter vivo. transf.r, And a8 a donee under a
third-party benefioiary contract.
fkJ To do all othor Act. 1n the Exeoutor's judgment
deemed neoellAry or doaJrable for the proper and
advantageous managemont, inve.tmont And diltribution of the
aUate.
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. RION~O, aIIM,I:lJ PllaLIRIII:O AHO O~CI.AR~P bythu
above-oemud W. Toylo, 1I0uoh.do 00 end f01" hlB I"t NUl .nd
'TaIUmant, 1n tho prolonoo of U8 whn, At hh ceQUD8t, in ,hil
'JfOlOnOe and ill tho proBonoo of OIUlh othor tlAYO hereunto
IUhllOl'ihtJd our namos as witnullUoDI
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COIIN1'y (It' CIIHIII:RI,ANO ,
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Wr., w. 'l'^'t'I,OR 1I0IlClIEI,J.E, UhlJrun noll OAllAljhor
tUlaabol-h u. UU.l01' , and O. Wallar roulkrooJ III
tllU Tutatar ant1 tha WltnoBoo8 roapoofl'Vitly, WhORC nAmOI arc
aJ(j11l1d to thu attaohod 01' toro'101n9 intltrumont, wero sworn, and
duohrud to tho ulldoroignlld offioor that tho Testator, in tho
11mlolloo of WJtnesllo8, liqnod lho instrumont u hia I.ut Will,
that he 81qllod volulltarily alld lhat oaoh at tho Witllone& in the
proaanco of oaoh ellllor And ill tho prosonoo of tho '!,(Islator signod
tho WUI as " WItnoss.
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Sworn to and IUh80'-,1hld
hOfnr~mo thls ~ d.y
of ill ( , 1990.
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S'I'~~I~!JS REPOR'I' UNDER RULE 6.12.
Name of Decedent I
W. 'I'ay lor HoucheUe
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Date of Deattll
,1anuary 13, 1994
Wi 11 No.
21-94-0076
Admin. No.
Pursuant to Rule 6.12 of the Supreme Court orphans'
Court Rules, 1 report the follow.lng w.lth respect t.o completion of
the administration of the above-captloned estatel
1. State whether administration of the estate is complete I
Yes X No
2. I f the ill1RWer I s No, stilte when the perRonal
repreRentative reasonably believes that the administration will be
complete I
3. If the answer to No. 1 is Yes, state the followingl
a. Did the personal representative file a final
account with the Court? Yes No X
b. 'J'he separate Orphans' Court No. (if any) for
the personal representative's account iSI
c. Did the personal repres811tative state e,n
account informally to the parties in interest? Yes X No
d. Copies of receipts, releases, joinders and
approvals of formai or informal accounts may be filed with the
Cerk of the Orphans' Court and may be attached to this report.
, ;'
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Si~naturt
...llames D. foqar, Esquire
Name (Please type or print)
5 W. Main St.
_Shi r8mans town , P^ 170 II
Address
Datel I z.iI'..qr{ 1
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IDlL 737-8761
'I'el. No.
CapacitYI Personal Representative
X Counsel for personal
representative
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