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Recorded October 17, 1945
LAST WILL OF MILTON S. HERSHEY [Deceased October 13, 1945]
WHEREAS, THERE IS AN ACT OF ASSEMBLY RENDERING VOID BEQUEST AND DEVIES MADE BY WILL FOR RELIGIOUS OR CHARITABLE USES, EXCEPT THE WILL SHALL BE MADE AT LEAST THIRTY DAYS BEFORE THE DECEASE OF THE TESTATOR. NOW, THEREFORE, I, MILTON S. HERSHEY, OF HERSHEY, DERRY TOWNSHIP, DAUPHIN COUNTY, PENNSYLVANIA, DO HEREBY MAKE, PUBLISH AND DECLARE AS AND FOR MY WILL, IN THE EVENT I SHOULD DIE WITHIN SAID STATUTORY PERIOD, MY WILL OF NOVEMBER 14, 1909, AND THE VARIOUS CODICILS ATTACHED THERETO, INSOFAR AS SAID WILL AND CODICILS HAVE NOT BEEN REVOKED AS THEREIN STATED. BUT, I HEREBY MAKE, PUBLISH AND DECLARE THE FOLLOWING TO BE MY WILL IN THE EVENT THAT I SHOULD SURVIVE SAID STATUTORY PERIOD; 1. I GIVE AND BEQUEATH TO THE HERSHEY INDUSTRIAL SCHOOL ALL SHARES OF THE CAPITAL STOCK OF THE HERSHEY TRUST COMPANY WHICH I MAY HAVE, HOLD, OR POSSESS, AND MY EXECUTORS, HERINAFTER NAMED, SHALL ASSIGN, TRANSFER AND DELIVER TO THE HERSHEY TRUST COMPANY, TRUSTEE NAMED IN THE DEED FOUNDING THE SAID SCHOOL, SAID SHARES OF STOCK, THE SAME TO BE HELD IN THE MANNER AND FOR THE USES, TRUSTS AND PURPOSES SET FORTH IN THE DEED FOUNDING SAID SCHOOL, ITS AMENDMENTS, SUPPLEMENTS AND MODIFICATIONS, WITH POWER IN THE DIRECTORS OF SAID TRUST COMPANY TO VOTE SAID STOCK AT ALL MEETINGS OR ELECTIONS OF THE SHAREHOLDERS OF THE SAID HERSHEY TRUST COMPANY. THIS BEQUEST IS MADE FREE AND CLEAR OF ALL FEDERAL OR PENNSYLVANIA INHERITANCE TAXES. 2. I GIVE, DEVISE AND BEQUEATH ALL THE REST AND RESIDUE OF MY ESTATE, REAL, PERSONAL AND MIXED, TO THE HERSHEY TRUST COMPANY, OF HERSHEY, PENNSYLVANIA, IN TRUST, NEVERTHELESS, TO HOLD, INVEST AND REINVEST IN SUCH SECURITIES AS MAY SEEM BEST IN THE JUDGMENT OF THE DIRECTORS OF SAID TRUST COMPANY, AND ORDER AND DIRECT MY SAID TRUSTEE TO PAY THE INCOME THEREOF IN SEMI-ANNUAL INSTALLMENTS TO THE SCHOOL DISTRICT OF DERRY TOWNSHIP, DAUPHIN COUNTY, PENNSYLVANIA, FOR USE OF SAID SCHOOL DISTRICT, PARTICULARLY FOR THE PURPOSE OF ASSISTING SAID TOWNSHIP TO RELIEVE THE TAX BURDEN FOR THE UPKEEP AND MAINTENANCE OF THE PUBLIC SCHOOLS IN SAID DISTRICT. 3. I NOMINATE, CONSTITUTE AND APPOINT AS EXECUTORS OF THIS WILL EZRA F. HERSHEY, WILLIAM F. R. MURRIE AND WM. H. EARNEST, AND ORDER AND DIRECT MY SAID EXECUTORS TO SELL MY REAL ESTATE OF WHICH I MAY DIE SEIZED AT PUBLIC OR PRIVATE SALE, AT SUCH TIME OR TIMES AS TO THEM MAY SEEM FIT AND PROPER, AND HEREBY AUTHORIZE MY SAID EXECUTORS TO MAKE GOOD AND SUFFICIENT DEED OR DEEDS THEREFOR AS I COULD DO IF LIVING. IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND SEAL THIS 29TH DAY OF SEPTEMBER, A.D. 1944. MILTON S. HERSHEY (SEAL)
SIGNED, SEALED, PUBLISHED AND DECLARED BY
THE ABOVE NAMED TESTATOR AS AND FOR HIS LAST WILL AND TESTAMENT, AS PROVIDED THEREIN, IN
OUR PRESENCE, WHO, AT HIS REQUEST, IN HIS PRESENCE, AND IN THE PRESENCE OF EACH OTHER,
HAVE HEREUNTO SUBSCRIBED OUR NAMES AS WITNESSES THERETO.
ADJUDICATION AND NOW, TO-WIT: ON THE 17TH DAY OF OCTOBER, A.D. 1945, AFTER DUE HEARING AND PROOF ACCORDING TO LAW, THE FOREGOING INSTRUMENT OF WRITING IS DULY ADMITTED TO PROBATE AS THE LAST WILL AND TESTAMENT OF MILTON S. HERSHEY, DECEASED, ORDERED TO BE RECORDED AS SUCH AND FILED OF RECORD IN THIS OFFICE. JAMES G. MILES
Recorded April 7, 1947 Hershey Trust Company, Trustee for the Hershey Industrial School and Trustee for the School District of Derry Township, hereby acknowledges receipt of the cash and securities in kind awarded to it by the Orphans’ Court of Dauphin County in the adjudication of the First and Partial Account of the Executors of Milton S. Hershey, deceased, as shown in said adjudication as follows:
AND FURTHER, remise, release, quit-claim and forever discharge Ezra F. Hershey, William F.R. Murrie, and Wm. H. Earnest, Executors of the Estate of Milton S. Hershey, deceased, their heirs, executors and administrators, of and from any further payment or accounting of the said cash and securities in kind as awarded to the Trustee in the adjudication aforementioned. The said Hershey Trust Company does hereby constitute and appoint Arthur R. Whiteman to be its attorney, for it and in its name and as and for its corporate act and deed, to acknowledge this release before any person having authority to take such acknowledgement to this intent that the same may be duly recorded. IN THE WITNESS WEREOF the said Hershey Trust Company has caused this release to be signed by its {President} attested by its {Secretary}, and has caused its corporate seal to be hereto affixed this {1st day} of {August}, A.D. 1946.
I hereby certify that on this {1st day} of August, 1946, before me, Esther B. Kimmel, Notary Public in and for the above State and County, personally appeared ARTHUR R. WHITEMAN, the attorney named in the foregoing Release, known to me to be the person therein named, and by virtue and in pursuance of the authority therein conferred upon him, acknowledge the said Release to be the act of the said Hershey Trust Company.
{Esther B. Kimmel}
Vol. 6 Page 431
Hershey Trust Company, Trustee for the School District of Derry Township, hereby acknowledges receipt of the sum of $73,965.18, representing the entire balance for distribution in the estate of Milton S. Hershey, deceased, awarded to it by the Orphans’ Court of Dauphin County on March 24, 1947, in the adjudication of the second and final account of the Executors of Milton S. Hershey, deceased, as shown by said account. NOW, THEREFORE, Hershey Trust Company, Trustee for the School District of Derry Township, does by these presents, remise, release, quit-claim and forever discharge Ezra F. Hershey, William F.R. Murrie, and Wm. H. Earnest, Executors of the Estate of Milton S. Hershey, deceased, their heirs, executors, administrators and assigns, of and from any further payments or accounting of the funds in the hands of the Executors as awarded to the said Trustees in the adjudication aforementioned, and of and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever, for or by reason thereof, or of any other act, matter, cause or thing whatsoever, relating to the said account. IN WITNESS WHEREOF the said Hershey Trust Company has caused the release to be signed by its President, attested by its Secretary, and has caused its corporate seal to be hereunto affixed this {5th} day of April, 1947.
HERSHEY TRUST COMPANY, Trustee for ATTEST:
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