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IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA ORPHANS’ COURT DIVISION os ne WIB= B19 DAVID BRIAN FEELEY EVANS. 82 PETITION TO ESTABLISH DEATH OF ABSENTEE PURSUANT TO 20 Pa.Cs. $5701 Petitioner, Diane D. Gentry, Personal Representative ofthe Estate of Albert Louis Evans, Se, by undersigned counsel, respectflly submits this Petition for iswance of Decree Entablising the Death of Absentee, David Brian Feeley Evans, pursuant 1920 PaCS. $8701, and states follows 1. Petitioner, Diane 0. Gentry, i the sister of David Brian Feeley Evans, the presumed decedent 2. Pttoner as isthe Personal Representative ofthe Estate of Albert Louis Evans, se 3. David Bran Fesley Evans was maniod to, and subsequently divored, Elisabeth Evans Rupp 4. Prior their divorce, David Brian Feeley Evans and Elisabeth Evans Rupp had thre children: Jeremie Evans (date of birt; Apsil 17, 1977, Nathan Evans (ate of bith: Apri 10,1980} and Btisabeth Aan Evans Combs (at of bith: Februsry 2, 1983). 5. Albert Louis Evans, Se. was the father of Diane D. Gentry David Brian Feeley Evans, Donise Audrey Evans Gallagher Hillis, nd Albert Louis Evans J 6, Aber Louis Evans, Sr. died on July 23,2011 15, Besause David Brion Feeley Evans has been absent and unheard of since 1987, Pattonrbtieves bm wo be dead 16, 20PaC.S,§ 5704 requires thatthe Cour onder advertisement of shearing onthe Peiton, proposed form for which tached hereto as "Exhibit." 17, The continued exishnce ofthe abcentee nectar affects the ditributin of he Estate of Aber Lois Evang, WHEREFORE, Petitions requests thatthe Cour |A. Seta hearing date forthe purpose of decaring David Brian Peley Evans « resumed decedent; B. Onder the advertisement ofthe ing ofthe Peton and the hearing date thereon in Ge form attached 10 this Petition in one newspaper of gene cireultion in York, ofresience of David Brian Feeley Evans and inthe York Pennsylvania, the Tast known cf Legal Record, weely for fur successive wes, the last appearance of which shall be a least, ‘wo weak before the hearing nd ©. Declare David Brian Fesley Evans a presume decedem as of December 31, 1997 Respect submited, SSHUMAKER WILLIAMS, PC Dae: Qot 08 2B Astral a Mihael E Rowan (ID #85818) 56 George Sr, Suit 200 York, Pensylvaia 17401 Tele: (717 848-5134 Fax (717) 848:5138 _Atomey for Petes, Dane D. Gentry, Personal Representative ofthe Esa of Albert Louis Evans IFICATION ‘The undersigned, Diane D, Genty, hereby verifies and sate that the fets et forth in the foregoing Petition ae tue and correct tothe best other knowledge, information, and belief: and she is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. $4908, relating to unswor falsification to authorities A Date: 0, 2013, ane L). 2 Diane D. Gentry, Personal Represenuagive ‘ofthe Estate of Albert Louis Evans STATE OF MARYLAND LETTERS OF ADMINISTRATION ESTATE NO. 168228 | certity that administration of the Estate of __ALBERT LOUIS EVANS sR. t__ dayot JANUARY, 1753. DIANE D. GENTRY. _ was granted on the __ © as personal represortative(s) and the appointment in effect | this 16th dayof JULY 2032 % witprobsted__ul 19,2012 Intestate estate Regater of Wa tor nner Co \VALIO ONLY IF SEALED WITH THE SEAL OF THE COURT OR THE REGISTER Last Will & Testament of Albert Louis Evans, Sr. J, river ovis Bvans, 8, of Baltimore County, State of Maryland, being of sound and disposing mind, memory and wnderstanding, do hereby make, publish and declare this to ‘be my Last Will and Teotament, ond revoke any and ll Wille and Codie previously made by eIRST | direct my Personal Representative to pay the expenses of my lat illness and other debts or claims thet ave legally enforceable against me, except that all mortgngee, iene, and other encumbrances on property owned by me atthe time of iy death shal be a charge on the property so encumbered, and my oetate shall not be liable fr any auch indabtedness. I direct ‘my Personal Representative to pay my funeral axpenses, including an appropriato stone ot ‘marker for my grave and a suitable reception for my friends and loved ones. Lintend that my Personal Representative shall not bo restricted by statute or required to secure the approval, ratification or Order af any Court xe to the amount or payment of these expenses, OND Attached to this Willie w Memorandum for the guidance of my doscondents of Personal Roprosomiativ, as the ease may be, in making ¢ division or further distribution of certain of ry tangible personal property, but the existence of such memorandum shall not be construed ‘As imposing any trust on theo bequeste, which ave intended fo be absolute. In the event I am survived by doscendants, 1 give to them all of my remaining tangible personal property, including, but not limited to jewelry, clothing, tangible personal eflects, automobiles and any interest chat I may have in my household furniture and furnishings, per Sizpes. In the event chat am not survived by deacondente, then I direct thatthe belance of my tangible personal property be sold or distributed in the discrotion of my Personal Representative. sHIRD All cotate, oueccosion, legacy, inheritance, tvauafer dance, iuteneat and penalties laveflly payable with respect to all property ineludable in my gross estate or taxable in consequence of my death by any state or tornitory of the United States, or under the laws of the United States or any other taxing authority, whether or not auch property passes under ‘my Will, and whether such taxes are payable by my estate of, in the absence of this provision, by any recipient of any such property, shall be paid by my Personal Representative out of my rosiduary estate. My Personal Representative shall not be entitled to any reimbursement for Any such taxes from any persan orcorporation, My Personal Representative may, at hi ot het 1 discretion, prepay any inheritance taxes. ‘This provision to pay all such taxes out of my rasiduary estata shell not apply, however, to ony’ generation-akipping teanafer tax or Yo any ‘additional estate or inheritance tax resulting from a disposition oF change in tho use of real property valued onthe basi of its use FOURTH If my Personal Representative does not have funds readily available to make payment of taxes, interest and penalties, funeral expenses, and claims and expenses of administration, my ‘Trustee, in my Trustee's sole discretion, may, upon the direction of my Personal Ropresentative, pay all sums necessary or appropriate either to my Personal Reprosentative or fon behait of my Personal Representative I exprossly direct that no postion of any payments received by my Trustee from any pension, stock bonus, profit sharing oF H.R. 10 plan, or individual retirement account, which ‘may be excludable from my gross estato for federal estate tax purposes, shall be paid ov ‘ithor directly or indirectly, to or for tho account of my Personal Representative, nor shell ¢he ‘same be applied in any manner to the payment of any estate, succession or inheritance taxes ue by my estate. ILis my intention that any payment received by my Trustee shell retain its status as an asset excludable from my gross estate for federal estate tax purposes LPT 1 give all the rest, residue, and vemainder of my estate (my “Residuary Estate") to my children, por stiepes. If any’of my children prodecoase mo and do not have descendents, then the surviving children shall take, per stirpes LL Notwithstanding any of the foregoing provisions, any money or property under {hs entire Last Will and Testament that becomes distributable toa distributer ‘eho as not then attained the age of Thirty 20) yoars shall be held in TRUST AND CONFIDENCE in the care and custody of and be administered by the ‘Trustee (who shall have in respect thereto all of the powers, duties and Aigeretion conferred upon it as Trustee horounder) without postponing the vesting thereof, under the following schedule: 1.11 Until such disteibutee reaches Thirty (80) years old, the Trustee is authorized to apply so much of the net income and principal thereof az Said Trustee, in its sole discretion, deoms advieable for his ov her health, education, maintenance and support, aovumulating the balance of the Income, if any, and adding it to the principal of such share for investment, until such distributes attains the age of Twenty-Five (25) years, at which time One-Half (1/2) share of the principal to which he or she is entitled, as thon constituted, together with all accumulated income, hall be assignad, teansferred and paid over to him or her, foe of LL2_ Ateuch time as said distributes reaches Thirty (30) years old, the Trustee hall assign, teanafer and pay over to him or her, free of trust, the remaining share of principal to which he or she is entitle, as then constitute, together with all aceumulated income. 3a 1.2 Apportionment of the income, and distribution of share of principal, shall be made upon the death of any beneficiary thereof to such beneficiary's descendents, per stnpes Except as otherwise provided, all payments made from the Trust, both income and principal, shall be made directly to the beneficiary. ‘This provision is not intended to prohibit payments to a guardian of any beneficiary. In addition, deposits mey be made firectly into any bank oF other finsnciel institution for the benefit of any beneficiary ‘The intorost of exch Trust beneficiary under thio Will chall bo held subject to ® spendthrift Trust to the fullest extent allowable by applicable nw. Thus except where fpplicable law may not be altered hereby and expressly provides to the contrary, no ‘onafioiry shall have the power vo anticipate, encumber oF transfer is interest in any trust in any aniter. No part of any Trust estate shal b liable for or charged with any debts, contract, Uinbiltie or torta of any beneficingy or aubject to seizure or other process by any creditor of any beneficiary. "This provision shall not be construed to prevent any disclaimer by « beneficiary of any interest in property given by this Will the valid exercise of power of appointment given by this Wil Any property maturing for disposition in which there is no person then living and ‘qualified to take under the foregcing provisions, shell be distributed first to my descendents then living, then if none exit, as folios: Unto my beloved parent, or the survivor of them. In the event that neither of my parents shall survive me, then I direct thatthe shaxe to which they, or the survivor of thom, are entitled shall be paid over and distributed, in equal shares, unto their dscendonts, per stiroes, [My Trustee and any suocessor to that office shall have, without leave of court, all powers and rights conferred by Maryland Law. In addition, my Trusteo shall have any. bother powers not specifically conferred by Maryland law, but which are reasonable and ‘necassary to protect the best intreste of my Trust and beneficiaries, [My Trustee shall have full power st any time to receive other property, real or personal, devised, bequeathed, assigned, granted, conveyed or mada payable to by any pervon fr persons for the puspose and subject to the provisions and limitations of the Trust hereby created, and all such property shall thereafter be hold or distributed by my ‘Trustee an accordance with the terms hereof Except ab otherwise provided, all payments made feom the Trust, both income and principal, shall be made directly to the beneficiary. ‘This provision is not intended to prohibit payments t a guardian of any benefciay. In addition, deposits may bo made directly ito any bank or other financial inetitation for the benefit of any beneficiary ‘The interest of cach Trust beneficiary under this Will shall be held subject to a spendeheift Trust tothe fullest extent allowable by applicable law. ‘Thus except wheve plicable law anny i bw allered Iereby sid vayremly provides (othe contrary, ‘beneficiary shall have the power to anticipate, encumber or transfer hie interest in any trust in any manner. No part of any trust estate shall be liable for or charged with any debts, contracts, abilities or torts of any beneficiary or subject to seizure or other prososs by any creditor of any benofciary. ‘This provision shall not be construed to prevent any disclaimer by a benefiiexy of any interest in property given by thie Will oF the valid exorcise of power of appointment given by this Will 3 7 In conferring discretion upon the Trustee herounder, it is intended to create a “diseretionary Trust” as that term is interpreted under present Maryland lnm. 90 that the Trustee shall have ole and absolute discretion with reepect to making or failing to rake payment to or on behalf of any beneficiary under this Trust, to the end that no creditor, including any state oF federal agencies who may furnish services, payments, ‘or benefite to a beneficiary hereunder, shall have any eight 10 any of the income or principal of any Trust created hereunder. 8 [any beneficiary has any special neods where government assistance is required, and if any divest or indirect conteibution (rom this Trust may jeopardize the beneficiary's ability to qualify for government assistance, then the vesting of suid beneficiary's shave hall be postponed ‘until the Trustee “do as ‘follows, if possible: the ‘Trustee aye specially empowered to place that beneficiary's share into « Discretionary Special Needs ‘rust under the Maryland Discretionary Trust Act, Md. Est. & Trust Code Ann, 4§§ 14401 et seu. (2001 end Supp. 2008), as fom time to time amended. The tormas of the Discretionary Special Needo Trust shall be such terme as are provided by default under the above referenced code, as wel aa such other terms as ate necessary in the Aiseretion ofthe Trustee in furtherance of the abjectivas ofthis Trust. If required, the "Trustee may sock court action to establish this Dierotionary sub-Trust Sixt 1, Wherever references are made in this Will tothe Personal Representative of my estate, o to the Trustea, or my spouse or descendents, the use of the singular shall include the plural, and vice versa, and the use of any gender shall be deemed to include any other gender applicable tothe context 2 References to “child” ‘ehildron,” "descendont,” or “descondonte” mean legitimate descendents only, including a child or descendent by adoption, o a child in gostation at any time specified in connection with the administration, division, or distribution of any partion fof my estate. The torm “descendent” includes "child." 3. Roforonces to my "Personal Representative" refor to auch person to whom eters of sudministration are granted after my death, 4. References to my “Trustee’ ref to such person appointed to administor the Trust or ‘Teaste 5. Any other provisions of this Will tothe contrary notwithstanding, iFat the end of the month preceding the month of expiration of ewenty-one (21) years flowing the death ofthe last Survivor ofall of my descendants who are living atthe tine of my death, any property is held fn Teuat hereunder, auch Trust shall thereupon terminate and the entite remeining principal thercof shall be paid over and distributed free of any further trust to the pertons then ‘entitled or permitted to receive the principal and income therefrom in the properions in Which they are than entited to the same. SEVENTH hereby appoint Diane D. Gentry, Trustee ofthe Truet heraby created. In the event ofthe death, resignation, incapacity, oF failure to qualify of mi said Teusteo, I constitute and appoint Albert Louis Evans, Jt. to act as his or her sueceasor, with all of the powers, dutioe and discretion conferced upon my Trustee. T confer upon my Trustee and ite sueceasoes in affice the power and authority to appoint s Co-Trustee to have all ofthe powere, duties and 4 discretion confer upon my Trustee. No auccessor Trustee designated or appointed pursuant to tho provisions of this document shall be obliged to examine the account, records and acts of the provious Trustee. In addition, the succestor Trustoe shall not be responsible for any act ‘omission or filure to act on the part of any previous Trustec or Trustee RIGHTH hereby appoint Diane D. Gantry, as Personal Representative of my estate. In the vont of the death, resignation, incapacity, oF failure to qualify of Diane D. Gentry, | appoint ‘Albert Louis Evans, Je. to act as hie or her successor, with all of the powers, duties and discretion conferred upon my Personal Representative initially designated hevein. 1 divect that my Personal Representative thall be excused from the requitement of furnishing bond, other than such nominal bond ae may be requited by Law. 1 confer upon my said Personal Reprosontative fall power and authority, in his or her discretion, to do any and all things necessary forthe complate administration of my estate. AND FINALLY ‘My Pertonal Reprotentative and Trustes axe the fiduciaries of my estate and ‘Trust estate CBstate). Their powers include, but are not limited to: 1. To invest, reinvest in, and rotnin, whether originally a part of ay state or subsoguently acquired, such stocks, bonds, uninsured money market funds, debentures, investment lusts, limited partnerships, other corporate obligations, options, or other property, reel or personal asthe Fiduciary may consider advisable or proper 2. To-voe, in person or by proxy, with respect to any shares of atock or other securitios held by my Fiduciary, and to take any other action which my Fiduciary deems necessary of proper in connection therewith, and to hold investments inthe name ofa nominee oF in the ame ofthe Fiduciary; 3. Tomake divisions or distnbutione of the arsete of my Batate, whether principal or interest, in money or in-kind, or partly in money and partly in-kind, and to allocate to any such Estato property differnt in kind from that allocated to any other part. Exoopt at otherwise herein specifically provided, the judgment and any determination of my Fiduciary in connection therewith, including any decision to make non-pro ata distribution and uny decision regarding the values assigned to various aasete, shall be binding and conclusive on all interested person 4. To retain any property, whether or not incotne producing, which I may own at the time of rmy death until auch time aa my Fiduciary may deem it desirable to dispose of it; 5. To borrow money for any purpose connected with the protection, preservation, oF improvement of my Estate, and to create one or more mortgages on, or pledges of, any part rall of the property included in the Estate, 6. To pay, compromise, modify, renew, adjust, submit to arbitration, release, or otherwise deal with any claims oF demands of my Estate against others or of othets against my Estate; 7. To execute, acknowledge, and deliver all written instruments which my Fiduciary may deem advisable to enery out any of the Fiduciary powers, including the power to divide of distribute my Bstate by deeds or other writings oF instruments recorded aznong the public secorda of any jurisdiction where any property is located: 8. ‘To have full power to troat expences as either ectuto tax oF income tax deductions, to seek tax valuation methods and dates, and to exerciee any other allowable tax election; 9. To sel, lease, inure, improve, repair, partition, aasign, transfer, convey, mortgage, exchange, or otherwise deal with any and all property, real or personal, tangible or intangible, at any time forming a part of my Estate, at such time and price, and upon auch terme and conditions, 8 my Fiduciary may deem appropriate. ‘To abandon, in any way. property which my Fiduciary determines not to be worth protecting: 10. advance money for the protection of the Bstate and for all expenses, losses and liabilities incurred in or about the exeeution or protection of any auch Trust ox because of the holding or ownership of any property subject thoreto. For all such advances, the Fiduciary shall have a Tien on the Estate property and may reimburye itself with intesest therefor out ofthe Bstate property: 1 To create reserves out of income to insure prompt payment of taxes or asseasments, repairs, and other obligations, and to restore to income such reserves as may be unused; 12,To employ counsel, including but not limited to attorneys and accountants in the ‘administration of my Estate, charging all such counsel foes av Estate administration expenses and not as & diminution ofthe compensation which my Fiduciary may be allowe 18, My Fiduciary shall not be liable or held responsible for any loss or depreciation inthe value ofthe Estate resulting from sny ofthe investments or reinvestment retained or purchased as aforesaid, unless caused by its gross negligence or willful misconduct; 14. My Fiduciary may presume that I have confidence in the securtion owned by me at the time of my death, and therefore, no ale thereof must bo made solely in order to diversify investments, I also waive the provisions of any State statutes in effect at the Lime of my death relating to underproduetive property with rospeet to any property owned by me at the time of my donth 15, All such powers shall be exercisable by my Fiduciary without application to any Court lunder whose juriediction it may adminiator my Estate, My Fiduciary shall not be restricted aa io the character of any investment by any statute, rule of law, of court governing investments by fiduciaries. All actions takon and olections made by my Fiduciary in the exoreiso theveof shall be final and conclusive upon all persons interested therein whether or not the amount of their respective interests or shares is aflcted, 16. My Fiduciary hall be entitled to roatonable compensation for ita services tothe Batate 17.1 direct that all powers herein granted shall last beyond the tetsination of the Trust or ‘Teasls herein erated, until n complete and final distribution ofall assets held hereunder shall be made, 18. In accordance withthe provisions of the Health Insurance Posability Act of 1996 (HIPAA), the “Trustee, and if there be more then one serving, then each Trustee individually hereby authorizes and directs that any physician, healthcare provider or medical care fciity release wo the named ‘Suceessor Trustee and each Grantor designated inthe above referenced documents, upon their ‘equest, any individually identifiable health information (as defined in HIPAA) thats necessary to determine ifthe then serving Taste cannot administer the Trust because of incapacity, ducing any peciod of incapacity. This authorization shall expire only in the event that the Individual revokes it in writing and deliver the revocation 10 the physician, bealth care provider and medical faciliy from whom any Truste, Grantor or Successor Trustee designated under this document seeks my individually identifiable heath information. Regardless of the time of ‘commencement ofthe other powers granted to my Trustee, Grantor or Successor Trustee inthis document, in acordance with the Health Iasurance Portability and Accessibility Act of 1996 HIPAA"), | authorize and direct that any physician, health care provider andor medical care facility release to any attorney-infact designated in this document, upon their request, any individually identifiable health information (as defined in HIPAA) that is necassaty to determine ifthe then serving Trustee eannot administer the Trust because of incapacity, during any period of incapacity 19, hereby instruet, direst and authorize my trustee to deduct from the distributive share due ‘any beneficiary the costs and expenses, inchiding. attorneye fees, expert witness fee fccountant and C.P-A. fees, and court costs, incurred by ot forthe trust, because of any of the following action or behavior of such beneficiary: 1) pursuit of court proceedings to Incerpret the cust terme, 2) pursuit of court proceedings to remove the trustee, or 9) any challenge of the distributions or pastial distributions from the trust. The distributive share ofthe beneficiary should be reduced only ifthe beneficiary is unsteessful in succeeding on the merits of his claim in court. This provision should not apply to actions to force a trustee to take any action that is mandated by specific statute, rule, or other provisions of this trust. 1 ro instruct my trustee because I do not wish for innocont end ccoperative beneficiaries to auffer or bear the costs and exponses which are caused by a non- cooperating beneficiary who is challenging, obstructing or thwarting the efficient and effective administration of the trust. Additionally, the Trustee is hereby authorized to withhold distribution to any beneficiary who refuses or fails to sign a release of the ‘Trustee aa long as the Trustos has provided a proper trust accounting with that release. IN WITNESS WHEREOR, 1 have on this 1___ day of SJAwurey ___. 2011 sealed, published and declared the aforesaid inetrument tobe my Last Will and Testament, Qilrt Fine ___ Sea ‘Albert Louie Bvane, Sr SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named ‘Testator, Albert Louis Evans, Sr, as and for his Last Will and Testament, in the presence of | tus, who. at hie request, in hie piesence and in the presence of each other, have hereunto ssneibed yr men winenenseroto Witness ane Name NANCY GrEos> Signtu Address = 210] WILKER AVE. Date Banners, Fp Witness: Nome Lasuence Adashek Address Date: 107 CHESAPEAKE AVENUE TFTH FLOOR TOWSON, MARYLAND 21206 21234 TATE OF Maryland =) COUNTY OF Baltimore) (WE, Albert Louis Bvans, (52A~ and Lawrence Adashek, the ‘Testator, and witnesses, respectively, whose names aro signed to the attached oF foregoing inateument, being frst duly sworn, do horeby declare to the undersigned officer that the ‘Testator, signed the instrument ar his Last Will and Testament, that he or she signed voluntarily, and that each of the witnesses, in tho presonce of the Testator, at hie request and in the pretence of each other, signed the Will as witness, and that to the best of the knowledge of ach witnoss, che Testator was atthe time Bighteon (18) or more years of ago, of sound mind and under no constraint or undue influence ‘Albert Louis Evans, SUBSCRIBED and acknowledged bfpre the by Abort Lovie Evans, Sr the Testator ‘and subscribed and sworn tobefore me by NANcy @ROBS and Lawzence Adashek, the Sines ot h Nibsgy Poli My commianion expiton: a Karen Agashok Notary Public | Baltimore County, Maryland i ‘Commission Expos 10-3-2013 8 flemorandum (Pursuant to Article Sacond ofthe Last Will & Tabtament of Albert Louis Bvans, Sx ated January 7, 2011) IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA ‘ORPHANS’ COURT DIVISION Ine: No. DAVID BRIAN FEELEY EVANS, Absentee NOTICE OF HEARING Int: David Bran Feeley Evans, a presumed decedent “To Davi Brian Feeley Evans, late of 10 Momingsde Drive, York, Pennsylvania, and to his heirs next of kin and ll persons interested inhi estat: Novice is hereby given that a Petition was fled with the abovernamed Court establish the legal presumption ofthe dsth of David Brian Feeley Fans. ‘The Court will hear evidence ‘concerning the alleged absence of David Brian Feeley Evans and its circumstances and duration on 52013, at __oteloek, amipsm, in Room __, York County udicial Center, 45 N. George Street, York, Pennsylvania 17401, so that his estate, ifany, and the Estate of Albert Louis Evans, Sr. the father of David Brian Fesley Evans, may be distributed as inthe case of his actual death. All persons having any knowledge of the whereabouts of David Brian Feeley Evans ste requested to attend the heating or contact the undersigned SHUMAKER WILLIAMS, PC Michal E Rowan (D #85818) 96'S. George Street, Suite 200, York, Penasyivania’ 17401 ‘Tele (717) 848.5134 Fax: (717) 848-5125 ‘Attomey for Petitioner, Diane D. Gentry, Personal Representative ofthe Estate of Albert Louis Evans IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA ORPHANS" COURT DIVISION Inve No, 6713-1379 DAVID BRIAN FEELEY EVANS, Absentee 04 2a Shane IPE TO DISé ATHOUT PREJUDICE ‘TO THE CLERK OF THE ORPHANS’ COURT: Please mark the above-captioned matter as discontinued without prejudice, ‘SHUMAKER WILLIAMS, PC Mel bathe | £PID13 Le eae 96 S. George Street, Suite 200 York, Pennsylvania. 17401 ‘Tele: (717) 848.5134 Fax: (717) 848-8125 ‘Awomey for Petitioner, Diane D. Gentry. Personal Representative of the Estate of ‘Albert Louis Evans 1N THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA ‘ORPHANS’ COURT DIVISION Ire: No. 6713-1379, DAVID BRIAN FEELEY EVANS, Absentee PRELIMINARY DECREE AND NOW, _ January 28» 2014, wom consideration of the Palfon a Establish Death of Absentee Pursuant 020 aS, §5701, itis erby ordered and decreed that 1A hearing on the petition to declare presumed decedent shall be held at 12:00 amipmn, __yacch 29, 2014, in Room _3_, Yor County Judicial Center, 45 N. George Stes, York, Pemnsylvania 1740, 2. Pationer shall advertise the fing ofthis Petition and the hearing date thereon in te fom attached tothe Peition in one newspaper of general circulation in York, Pensyvani, tne last know city of residence of David Brian Feeley Evans, and inthe York Legal Resord weekly forfour successive weeks, the last appeaance of whith shall be atleast two weeks ‘before the herng. ‘At lest twenty days writen notin shall also be given to the nent of kin who are su jurts, personally or by restored mall BytheCouns ie = ") INTHE, "OURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA, ‘ORPHANS’ COURT DIVISION Inne No, 6713-1379 DAVID BRIAN. ‘Absentee FINAL DECREE ESTABLISHING DEATH Aght AND NOW this CJS day of Mgr 5 2014, pon consideration of the petition filed, the proof of publication of notice of hearing in ‘compliance with 20 Pa, Cons. Stt.§5704 and the evidence presented atthe easing it is ‘ordered and decreed that David Brian Feeley Evans is declared a presumed decedent as of Deceanber 31, 1997. IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA ORPHANS" COURT DIVISION Inve No.6713.1379 DAVID BRIAN FEELEY EVANS, wd Absentee es PPL PETITION TO ESTABLISH DEATHOR = > ‘ABSENTEE PURSUANT TO 20 Pa.C'S, $5701 Paitioner, Diane D. Gentry, Personal Representative ofthe Estate of Albert Louis Evans, Se, by undersigned counse,respetflly submits this Supplement o Petition to Establish Death ‘of Absentos, Devi Brian Feley Evan, pursuant 20 PaCS, $5701 and states as follows |. “The Paton to Establish Death of Absentee Pursuant to 20 PACS. $5701 was filed with this Court on January 27,2014, 2. “This Court entered ite Preliminary Decree on January 28,2014 13. Pursuant o this Courts Preliminary Decree, Patitioner ws requited to adverse the filing of the Petition and the hearing dat in one newspaper of general civultion in York, Ponmsyvania and inthe York Legol Record weekly for four (8) sueessive weeks the last appearance of which was to bea eas wo weeks efor the March 28,2014 hearing. 4. Acopy of the rauied Notice of Hearing was published in the York Legal Record on four suscessive weeks, with the first publication appearing on February 6, 2014 and subsequent publications occurring on February 13, 2014, February 20, 2014 and on February 27, 2014, Proof of Publication of Legal Advertisement inthe York Legal Revord is altahed hereto ‘a Exhibit A 5. A copy of the required Notice of Hearing ws also published in the York Datly Record (a newspaper of gener cireulation) on four suecessive weeks, with the fest publication appearing on February 21, 2014 and subsequent publications occuring on February 28, 2014, March 7, 2014 and Match 14, 2014, Proof of Publication in The York Daily Record is attached hereto as Exhibit B. 6, In addition othe publication ofthe Notice of Hearing, the Absentee's next of kin copies ofthe Notice of Hearing via ropstered mail atleast twenty (20) days prior to the March 28, 2014 hearing, A copy of the Notice of Hearing served upon the Absenie's next of kin attached hereto as Exhibit C. The individuals served areas follows: Name Relationship to | Date Served with Notice ‘Absentee of Hearing. Nathaniel Evans ‘Son February 22,2078 isabel Ann Daughter February 2, 2014 Evans Combs. ‘Denise Gallagher ‘Sister February 24, 2014 Bilis “Albert Louis Brother February 26, 2018 Evans, Jr Jeremie Maiow Son March 7, 5018 Evans ‘An Affidavit of Service regarding the Absentee's next of kn, including origina opsered mail recep i tached hecto as Exhibit D. WHEREFORE, Petitioner requests atthe Court ener a Deco declaring Davi Brian Fesloy Evan presumed decedent sof December 3, 1997 Respectlly submitted, hae! E. Rowan (ID #85818) 96'S, George Stee, Suite 200 York, Pennsylvania 17401 Tele: (717) 848-5134 Fax: (717) 848-5125 Atomey for Petitioner Proof of Publication of Legal Advertisement in Dork Legal Record YORK LEGAL RECORD is the mame of & legal newspiper at ested by the Act of Asembly approved April 24, 1981, PL. 67, established ‘on March 4 1880, and ised coniuously during a per of atleast 6 months prior 19 the date herent mwned ed publcned hy the Varke County Har ‘Association, a corporation having spe of business at 7 Eas Market See, inthe City of York, Penyiani, ‘The piste copy of the averrent hereto stashed ia tru op exaely as ined and pubished of an advisement printed i th regular sue of sald York Legal Record published onthe date following: February 6,13, 20,27, 2014 ‘Chery Katina Chased Niaaofefras Agent of the York Camry Ba¥” Association lesgnated and. authorized 10 verify Proofs of Publeation of advertisements and notices published inthe York Leal Record Before me, Deana L. Kee, duly commissioned and eesidng in sid Couns, personally carve Cheryl Keutnan who being by me dly sworn, deposes and says that she is a designated and daly authorized agent ofthe York County Bat ‘Asioiation 10 verify proofs of publication of advensemens and notices published in York Legal Record, for and on behalf of Sid Association, ar has personal knowledge ofthe publiation ofthe advesenent of moti mentioned in "he foregoing stent onthe day oF dys above slated and that the allegations in ssid statement relative othe Vork Legal Record are re according othe Best of| hor krowedge infemition and belie, and tht she isnt intersted, diet or indict th subject mate mentioned in sid advisement or note, Commanwestth of Penman County of York Som and subsribed Before me this € day of March, a4 Pe NOTAAL SEAT Des Katey aie ‘iyi Yor Yo Cnc smi pts 07 Received Michael B, ROW SGire Shumaker Williams, 9C THREE HUNDRED FORTY FOUR 40/100 Dollars in payment ofthe charge forthe publication of the above-mentioned advertisement and the expense ofthe above aidavit, Advertisement $368.40 YORK COUNTY BAR ASSOCIATION suiso nonce OLICE OF EARING AES tgs ‘ae jade si BETS EXHIBIT Proof of Publication AS# o001428156-01 State of Pennsylvania The York Dispatch/Vork Sunday News and York Daily Record is, tne name ofthe daly newspaper) of gonaal erulon pubitned continuously forimore thon sit mann fe poncpal ple 0! business 1881 Louste Road Yor Pa 17408 ‘The printed copy ofthe adverserent hereto attached is a true copy, exact 28 printed an publahed, of an adversoment pres nth rgular issues of Sid ‘The York Dispateh/Yark Sunday News and York Dally Record publishes onthe sesaesnoemunnass rem sae “agora rorcterneme \AMONWEALTH OF PENNSYLVANIA setinte/tun somone INTY OF YORK. aspegatencem ans aero on, eo me, 2 Notary Pui, personaly came Linda Smith who being duly sworn i rt and says tats isthe Layout Supariser of Tha Yor Dlspalt/York 3 News and Yor Dall Record and her personal knowledge of he pubcation (ERIE aavertserart menionedin i foregoing satoment aso fhe Ue, place fag crarstor of publealons ae tus, and tha he fant notices no Fete fa gioci mater of he above mentioned advorisoment sage en naetectant ne. this 4 day of March 2014, = \ Notary Public Auda Seth $e YORK COUNTY “Te charge or he fotowing publication of stove mentoned adver sement and he expense af affcavi Adverisement Cost ——_$1,30820, ‘Alta Foe $5.00 Total Cost $1,39020, IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA ORPHANS’ COURT DIVISION Ince No. 6713-1379 DAVID BRIAN FEELEY EVANS, Absentee NOTICE OF HEARING Inte: David Bran Feeley Evans, a presumed deseden To Davi Brian Fesey Evans, late of 10 Morningside Drive, York, Pennsyvani, and to tis eis, nex of kin and al petons interested in his estate: Notice is hereby given that a Petition wa filed with the abovenamed Couto establish the legal presumption ofthe death of David Brian Fecley Bvens. The Cour will hear evidence concering he slloged absence of David Brian Fesley ven and its cicumatances and duration on Mach 28,2014, at 9 lock, an in Room 3, York County Judicial Center, 48 N. George Strot, York, Peanylvani 1740, 0 tht his elt, if any, andthe Estate of Albert Lous Evans, St the futher of David Brian Feeley Evans, may be distributed as in the ease of his actual death All persons having any knowledge of the whereabouts of David Brian Feeley Evans are requested to attend the hearing oF contact the undersigned SHUMAKER WILLIAMS, PC — phish, bose ‘Michael E. Rowan (ID #85818) e's George Sey Ste 00 ‘York, Peaiv 17401 To (717 68 5134 fase (717 8-125 ‘Atomey for Fettones Diane D. Geary, Personal Represenatve ofthe sate of Albert Laut Evan IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA, ORPHANS" COURT DIVISION Inve No. 6713-1379 DAVID BRIAN FEELEY EVANS, Albentee AFFIDAVIT OF SERVICE, |. I Michae E. Rowan, am atleast 18 years of eg, competent 0 testify, and not party to this action, 2. On February 19, 2014, copes ofthe Notice of Hearing were mailed to the last known addresses a the intrested partis in the sboveeferenced mater, by Fit Class Mail and Registered Mail. The interested parties are Dense Gallagher Hii, Albert Louis Evan, Flisabeth Ann Evans, Nathaniel Evans, and Jeremie Mathew Evans. 3. Copies of the Registered Mai ceceipt nd original return cards ar tached as Behl A, 1 solemnly affien under the peas of perjury that the contents of the foregoing affidavit are true to the best of my knowledge, information and belie Respoctfilly submited: oO fesliye, (ect Vous a oe Micha Rowen UD was) Shumaker Williams, PC. 96S. George Steet, Suite 200 York, Pennsylvanie 17401 Tele: (717) 848-5134 Attomey for Petitioner EXHIBIT STAT OF MARYLAND) ) COUNTY OF BALTIMORE} THEREBY CERTIFY that on this 26"day of March, 2014, before me, the subscriber, Notary Public ofthe Sate of Manytand and Couny foe, peorally snpesrel Mics E, Rowan and took oath in ve form ad swore th the fet in the foregoing Affidavit of Service ate tre, a set forth thers, agar Ho. Date Stamp sermons [ary nether, Piorida 32569 EFS; Resp or RoGlterag MNT Ae, Ee eiamaon, tox wale mr mpscar Denvee Geutayrer HK, LIT Beem be Lew Dayhine wren Catiey Fer den, 32se1 Aegis Ho scorn aaa ba § | scumaker williams, B.C. — Seeeeeeeeeeeeeeeeeee ['aowson, uo 21208 apr Jhtacct Loans Evens, Tose Knguiniondyt a0 Heyer tude, mb AUTH Te ements a Sirowsuat_Os [Eincneomet este ae LE 614 37 064 is Fae 387, Jy 20 Ta re ogee No eros [Ease =a an Tee Soe rae eae Eavemethe Ann Evens, Bob Warren PKL Wet minata: mb 205% | Fa Farr SBT, 2 cro Registered Wo, | 301 pulaney valley toad ste sid | iar son, ND 21204 listener ens [SSoatiests en rea ek {1 [etteae pee. am 20240 Se gee eee | Woatecn vet Ex Keyan wear eae, Of J Egrege Perlis NO 20°MC TT mie Frcs Fa Faen S81, 20 Tonnies SE te or ions agree eee en esses Serif Sey IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA ORPHANS" COURT DIVISION nse: No. 6713-1379 DAVID BRIAN FEELEY EVANS, Absentee PETITION TO ESTABLISH DEATH OF ABSENTEE PURSUANT TO 20 Pa.C.S.§5701 Petitioner, Diane D. Gentry, Personal Representative ofthe Estate of Albert Lous Evans, Se, by undersigned counsel, repectfilly submits this Petition for issuance of Decree Establishing the Deuh of Absentee, David Brinn Fecley Evans, pursuant to 20 PaCS. §5701, and states as follows 1. Petitioner, Diane D, Gentry, is the sister of David Brian Feeley Evens, the presumed decedent 2. Peitiner also is the Personal Representative ofthe Estate of Albert Louis Evans, Sr 3. David Brian Fesley Evans was marie to, and subsequently divored, Elisabeth Evans Kapp. 4. Prior their vores, David Brian Feeley Evans aad Blsabeth Evans Rupp had thee children: Jormic Evans (date of bir: Apil 17, 1977); Nathan Evans (te of beth: Ape 10, 1980); and Eisabeth Aun Evans Combs (date of ink: February 2,198). 5, Alber Lonis Evans, Sr. was the father of Dine D. Gentry, David Brian Feeley Evans, Denise Audrey Bvans Gallagher Hills, and Alber Lous Evan, J 6 Albert Louis Evans, Sr. died on July 23,2011 = 7. Lates of Adminsoation with regard tothe Estate of Albert Lous Evans, Se ‘were grate bythe Register of Wills fr Balinore County, Maryland on July 16,2012 othe Personal Repcsctive ofthe Estate, Diane D. Genty. A copy ofthe Letts of Adminstration is tached hereto a “Exhibit A” ‘& —Pusuaat to his Last Wl and Testament, a copy of whichis tached hereto as “Exhibit B,* Albert Louis Evans, Sr's residuary estate was bequeathed to his chile, per stipes. 9, ‘The Pttoer, in her capacity as Personal Represenaive of the Estate of Albert Louis Evans, Se, dstibated respective shares ofthe residuary erie to three ofthe four eden ‘of Albet Lous vans, Se, namely Diane D, Gentry, Dense Audrey Bvons Gallagher Hil and Albert Louis Evans 10, Therespeoive share ofthe Estate of Albert Lous Bvans, Se. owed to Davia Brian Feley Evans bas not ben dstbuted in atthe wheresbous of David Bran Feeley Evans i unknown. 11, The last own residence of David Brian Feeley Evans was 11 Morningside Delve, Yor, Pennsylvania 17402 12, The last known employer of David Brian Feley Evan was Shelaia Asso, Inc, in Mechanicsburg, Penlvaia, where worked as cl engines. 13, David Bran Feeley Evan lf his employment at Shladin Associates, Ine. on September 25, 1993, David Brian Feeley Evans never collected his outstanding payroll heck ot otherwise contacted his employer 14. None of the iblings or children of David Brian Feeley Evans have seen ot ‘communicated wile David Bran Feeley Evans in more than 16 years 15, Becsuse David Brian Fesey Evan hasbeen absent and unheard of since 1997, Pettoner believes him tobe ded. 16, a August, 2015, Peon lized an investgtve service known a8 TLOxp to search for and obi information regarding the wheresbouls of David Ban Feeley Evans Petoner alo ied a private investigation service, Brow & Diva, In, 1 potentially locate David Bran Fesey Evans. Nether the TLOxp service no Brow & Diva, Ine: were able to locate David Brien Feeley vans! 17, 20 PaCS § 5704 requires thatthe Court order advertisment ofa hesring on tho Petition, a propose form for which is attached hereto as "Exhibit." 18, Tee continued existence of th absentee necessarily ffs the dtribution of the Estat of Albert Louis vans, Si WHEREFORE, Petoner requests hat the Court: ‘A Set hearing date forthe purpose of declaring David Bran Feelay Evans a presumed decedat B. Onder the avertsement ofthe fling ofthe Petition and te earng dete thereon fn the fonn atached to this Potton in one newapaper of general cielation in York Peansyvenia th lant known ct of residence of Davi Bran Feley Evans, and inthe York Legal Reord, weekly forfour successive wees, the lst appearance of which sal be teat ‘oo wea before the hearing: and ©. Declare David Brian Fecley Evans presumed decodeat at of December 31, 1997 ©The private investigation firm of Brown & Diva is based in Orlando, Florida. A. lord investignton firm was retained because the TLOxp report suggested that an individual keow as "Brian David Evans" was residing in Orlando, Horida. The Brown & Divar investigation, however, vealed no information suggesting that David Brian Feeley Evans, the son of Albert Louis Evans, is live and residing in Floris. Dae: tf>shy Respectilly submited, SHUMAKER WILLIAMS, PC a ) pytetet\ & ‘Mice! E. Rowan (ID F85BT8) 963, Ocrge Sex, ute 200 Yor, Peanylvani (7401 Tae (717 846134 Fax: (17) 848.5125 ‘tory for Peitonr, Dian D. Gent, Personal Representative ofthe Bae of Albert Louis Evans ‘VERIFICATION ‘The undersigned, Diane D. Genty, hereby verifis and stats tha the facts set forth in the foregoing Petition are true and corect to the best of her knowledge, information, and belie; and ‘she is eware that fale statements herein are made subject to the penalties of 18 PaCS. §4904, relating to unswom falsification to autborts, at tty oat Diane Cony, Perna Rereset ofthe Este of Albert Louis Evans to rovs20 wil propated__Juy 19, 2012 D intestate estate STATE OF MARYLAND LETTERS OF ADMINISTRATION | ESTATE NO. 180226 | | cert that administration of tho Estate of ALBERT LOUISEVANS SR ‘was granted onthe _tst_ day of ANUARY, 1753. | Ni | 2 personal presenta) an the appoint inatet | tie sam dayot JULY 2082 ‘BRACES. CONNOLLY ltr afi tor ou [VALID ONLY F SEALED WITH THE SEAL OF THE COURT OR THE REGISTER Last Will & Testament of Albert Louis Evans, Sr. , atvre Louie Bren, Sr, of Baltinore County, Sata of Maryland, being of and disposing mind, momory and understanding do hereby make, publehonddesar thin to Be my Lat Wil and Testamont, and revoke aay and all Wie and Codi previouly made by ons 1 direct my Personal Represontativo to pay the exponses of my lat illness and ther debts ot claims that are legally enforceable against me, except that all mortgagee, lions, and ‘other encumbrances on property owned by moat the timo of my death shal b a charge on the Dropery vo encumbered, ad my eatste shall not be lable for any auch indebtednens. Tdicect riy Porsonal Reprosentativo to pay my funeral expenses, including an appropriate stone or ‘marker for my grave und a suites veception for my friends an loved one 1 intond that my Personal Reprosontative shall nt be restricted by statute or required to eecure the sppeoval, atifietion or Order of any Court as to the amount or payment ofthese expenses seconD Atunchad this Willi @ Memorandum for the guidance of my descendents or Pereonal the ease may be, in making 8 division or further distribution of certain of onal property, but the existence of euch memorandum shal act be construed sa imposing any trust on theo bequests, which ae intended tobe absolute, In the event Tam survived by descendents, I give to thom ll of my remaining tangible personal property, including, but not limited to jowely, clothing, tangible personal eects, Automebilee and any interest UhatT may have in my household furniture and farmshings, pa ‘igpes. In the event that Iam not survived by descondente, then 1 direct thatthe balance of Iny tangible personal property be cold or distributed in the diseration of my Personal Representative ‘THIRD All estate, succession, legacy, inheritence, transfor taxes, intrest and penalties Inflly payable with respect to all property incudable in my gross eatato or taxable in consequence of my death by any state or territory of the United States, or under the laws of ‘the United States or any other taxing authority, whether or not such property paves under ray Wil, and whether such taxes are payable by my estate, o, in tho abeenoe ofthis provision, by any recipient of any auch property, chall be paid by my Personal Reprosontatie cut of my residuary estate. My Personal Repreventative shall not be entitled to any reimbursement for ‘ny such taxos fom any porson ox corporation. My Personal Representative may, at hie her 1 Aiscretion, prepay say Inheritance taxes. This provision to pay all such taxes out of my rciduary estate shall not apply, however, to any ganoration-skipping transfer tax or to any ‘dition! evtate or inheritance tax renulting frm a diepeution o change In the une of real ‘Property valued onthe basis ofits use EOURTH my Pestonsl Reprosontative doesnot have funds readily available t9 make payment of taxes, interest and penalties, funeral expenses, and claims and expentes of edminietration, fay Trestes, in my Trustore solo aiscrton, may, upon the direcson of my” Porsinal Representative, pay all eume necessary ot appropriate either to my Personal Representative or on behalf of my Personal Representative. | expressly direct that no portion of any payments received by my Trustee from any pension, stock bonus, proft sharing or FR. 10 plan, or individual rervment account, which ‘ay be otcludable fom my grove estate for fodorel ectato tax purposes, shall be paid oves, ‘ther directly or indivectly, to or forthe account of my Persona} Representative, Gor sal the ‘same be applied in eny manner tothe payment of any estate, succession or inhartance taxos due by my 1 give al the rest, residue, and remainder of my estate (my “Residuary Batate’) to my children, por stzpes. If any of my children predecease me and do not have descendonte, then the surviving children sball ake, poe atiepes 1.1 Notwithstanding any ofthe foregoing provision this entio Lest Will and Testament that booomes distributable to a diateibutes ‘who her not then attained the age of Thirty (90) years shall be held in TRUST AND CONFIDENCE in the eave and custody of and be administored by the Trustee (who shall have in respect thereto ell of the powere, duties and discretion confored upon it av Trusteo hereunder) without postponing the ‘otting thereof, under the following azhedle funy money or property under LL Until ouch’ disteibuteo reuches Thirty (80) years old, the Trustes ie suthoreed to apply ao such of the net income and principal thereof wo ‘aid Truste, in ite ole diseretion, daems advieable for hie or her health, ‘education, maintenance and support, accumulating the belance of the income, if-any, and adding it to the principal of uch share for investment, until such distibutze attains the age of Twenty-Five (25) yoara, at which time One-Half (12) tho ie entitled, ae then constituted, togother with all accumulated ‘come, shall be nesigned, transferred and paid over to im or her, Sees of trust id distributes reaches Thiety (90) year ld, the Trustoe ay over to hima or her, fre of trust, the ‘hon 112. Ateuch ine shall nasa, teanefer and remaining chare of principal to which he or sho ia entitled constituted, together with al accumulated income. 31 12 Apportionment of the income, and distribution of share of principal, shall be ‘ade upon tho death of any beneficiary thereof to euch beteficary’ Sevcondonte, pa atnoes [Bxeopt an otherwise provided, all pryments medo from the Trust, toth income and prineipal, shall be made directly tothe beneficiary. ‘This provision isnot iotended to prohibit payments tan guardian of any beneficiary. In edition, dopoite may be made Asestly foto any bank or other finencial inatituion fr the benofit of any beneficiary ‘The interest of each Trust beneficiary under thin Will shall be held subject to a apondthrin Truaer the fillet extant allowable ly wpplissble law. Thus except where ‘applicable law may not be altered hereby and expressly provides to the contrary, no ‘benefiiny sell have the power to anticipate, encumber or transfor his intrest in any tie in any manner, No part of any Trust eetto chal] be liable for or charged with any debe, cantrcts, or torta of any beneGsiry or subject to seinre or other proctea by any croitor of any beneficiary. This provision shell not be construed to prevent any dielamer by a beneficiary of any interest in property given by this Wl oF the valid exerciae of power af appointment given by thi Wil, Any property maturing for disposition in which there is no person then living and qualified t take under the foregoing provisions, shall be distributed Gret to my descendents then Hving, then, sf none exis, ao follows: Unto my beloved parents, or the survivor of them. In the event that neither of my parents shell eurvive mo, then I dreet thatthe abare fo which thos, or the survivor ff them, are entitled abil be paid over and distributed, in equal share, unto thelr Aleooendent, pox tires. My Trustee and any suecessor to that office ahall have, without love of court, all ‘powers and righta conferred by Maryland Lave. In additin, my Trustee shal huvo any ‘other power not rpecfically conferred by Maryland law, bt which are reasonable and rnoveatary to protect the best interets of my Trust and beneficiaries, My Trustee shall have ful poner at any tine to reve other property, real or parsons, devieed, baueathed, assigned, granted, conveyed or mado payable tot by any person ‘or persone forthe purpeee and subject tothe provisions and limitations ofthe Trust hereby created, and all auch property ohall UhereaRter be held or disteibuted by my ‘Trosteo in aoentdance with the terme here. Brcopt as otherwise provided, all payments rade from the Trust, both income and prinelpal, shall be mede dveetly to the Benafcary. ‘This provision isnot intonded to Prohibit payments to «guardian of any beneficiary. In addlion, deposits may be mado Airectly ito any bank or other Sinencial institution forthe benefit of any beneficiary. ‘The intorert of cach Trust beneGciayy under this Will ball be held subject to a ihTun te the fullea extnt allowable by applvable law. Tuo omsopt where ‘pplzable law may not be altered hereby and expreesly provides tothe contrary, no beneficiary shall ave the power to anticipte, encumber or transfer bis interest in any trust in any mannes, No prt of any trust eatato shall be labo for or charged with any debts, contracts, abiition or torte of any beneficiary or subject to seiture or other proceee by any creditor of any beneficiary. This provision shall not be construed to prevent any disclaimer by a beneficiary of any interest in property given by thia Will ‘he valid exorie of power of appointment given by this Wil 3 7 In conforsing diseretion upon the Trustoo hereunder, it io intondod to create @ “diceetionny Tract” ae that term is interpreted under presént Maryland law, ao that ‘the Trustee shall have sole and absolute dlcretion with respect to making or failing to sake payment to or on behalf of any beneficiary under this Trust, tothe end that no treditoe, including any atate oF federal ageaciee who may furnish sorvicoe, paymente, ‘or benafite to a Beneficiary hereunder, sell have any right t any of tho Income or ‘rinepal of any Trust created hereunder. 8 tFeny boseficiry has any n aay divest or ludizet cotrbutio ou thie Trust may jeopardise the beaeBiciarys ty to qualify for government aseistancs, thn the veeting of sid beneficiary’ ehare ‘hall be postponed unt the Trustee do as follows, if possible: the Trusteo are ‘pecificelly empowered to place that benoicieny’s share into « Discretionary Speci Nevda Trust under the Maryland Disecetonary Trust As, Mé. Bat & Trust Code Aun, §§ 14-01 ese (2001 end Supp. 2006), as fom time to time amended. Tho tarms of ‘the Discretionary Special Needs Trust shall be uch tera an are provided by dofvule under the abave referenced code, e well aa auch other terms aa are necossary in the Aiscrotion ofthe Trustae in furtherance ofthe objectives of thie Trust. If required, the ‘Druslee may ook cour action fo establish this Diceretionary sub-Trust, sont 1, Wheroverrefroness are mind inthis Will othe Personal Reprooontatve of my estat, oF to the Trustee, or my spouse or descendent, the use of the singular thall include the plural, and vie versa, and the use of any gender shall be deemed to include any other tender applicable tothe context 2 References to “chil” “children,” “descendont;” or "detcondente" mean legitimate