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HomeMy WebLinkAbout1042_FAWCETT_F_108_325_07-26-1969_08-06-1969.. !\ppliratiun fur 'rahatr af mill nf.~.~~.~.E:~~~~~~.. M.H_..m m .late of ~.<?E.~.1f..g.~~.~~.?-.~.~¥..~.~~.~~.~.~.<?~,Washington County, Pennsylvania deceased,and (irant of 1J.jrttrrs ID'rstamrntary. REGISTER'S OFFICE,l WASHINGTON COUNTY,f SS.: Before the Register of Wills of Washington Michael Beierlein,Harold V.Fergus,Jr.,and Chas.E. County,personall y appeared...E.P..l9.w."....As.s.il?J;:.~P..t....Y.i£.~....f..+..~.9.J.g.~n.t....9.J....f..:i..t.t.§.p.p..J;&b....:tiatJ.Q.niMr h 0 being Bank duly sworn says that f..t K.t f.gW,.<;,.~.t..t.late resident of Bo QllO'h "f 1;'t-T.T h't-W h'C Pl'. . f United States d'd.r.._M /i1as n.a.S.;hng,Ir.9.~as mgton ounty,ennsy vama,a CItIzen 0 Ie 687 East Beau Street Extension testate at...~.~~.!¥.?-.~.e:~~g.!.~.~"~~.~~~.Y.J.y.?-.~~.~on the..??..~~day of....:!.~.!Y.A.D.19 §.~.. at..J.Q..;.Q.Q o'clock.J?..~m.,age ?.?.leaving an estate of the estimated value of $.Y..~~.~.9~.. personality,and $V.~!::~~.~realty,said real estate being located in .. The decedent's legatees and devisees are as follows: nia NAME RELATIONSHIP RESIDENCE 184 Wilmont Avenue Marian E.Powelson .Daughter Washington.Pennsylvania Ann Schuman None West Alexander,Pennsylva Michael Beierlein,Harold V.Fergus,Jr.,6 South Main Street and Pittsburgh National Bank,Trustees None Washington,Pennsylvania Testator has ~.c?~married and ~.~children have been born since the execution of the will offered for probate. Petitioner prays that the paper writing filed herewith dated......~.~p..~.~~.l?~E ....??,..J.??..?..?.....?.-~.~...g.~.~.~.~.~.~.?....~.hereto dated May 25,1967,April 9,1969,and June,1969. may be admitted to probate as the last Will and Testament of said decedent,and to grant Letters Testamen- tary thereon to....~~.~.~~~.!....~.~.~.~E.!.~.~.~.t...~~~.9.!.~...y..:....!.:E.?~.~.?....!.E.:.?.....~.~~....~.~.:.~.~.?..~.:.?..~....~:.~.~.~~~~....~.~:::~_..... ~.····T~~·..·..·.._..·_···..·..· £!::;~~l!;;;.~..J:.~__.._.._.._. BY~~ Assistant Vice Presid~t Register whose postoffice address is §~.9.g!:h.):1.g.t.g ~!:.+.~.~t..,.-W.~.§.hJTI-g.t.<?.TI-.~!'.~.gg§y.Jy.~.~~.~!.?}Q.L __.. Sworn to and subscribed before me this...L.~=.. day of a.t.:!....A.D.19ft:::. ..........................................~~~~.. COMMONWEALTH OF PENNSYLVANIA,}ss . WASHINGTON COUNTY,..Michael Beierlein,Harold V.Fergus,Jr., and ehas.E.Enlow,Assistant Vice President And now A~.8.~.~.L L ,1g §.?,comes g.t !?~.~.~.~.~.~~.g.b:~§;!:~~!.l:§;l..J?§;!.l:~. who being duly sworn doth depose and say that...t.hl'.\y will well and truly administer the goods and chat- tels,rights and credits of F .K"F.aw.l;.~tt deceased, to the best of ...their.skill and judgment in strict compliance with the laws of this Commonwealth,mind- ful of the laws relating to inheritance taxes. Sworn and subscribed before me this L(.~~.r". day o£.&g?'....~~_.A.D.l?_~f.? ...................i/...1..11.~~;~:.~~~.-::f~.. Register ~Ii·~)._..~tr~····TUL~t···············.....J._~..bJ . PITTSBURGH NATIONAL BANK By~~lIk~ Assistant Vice Preside~t .>.:Q):c:::.. .--l : 0 cu ,t;l .: [1)1-< >1 p 1p!o : ;j, 0,-oj •.-1 ! ~ oil )>l \I ...'h\C +-J: 0'>.--l'+-J , I I r-~D~l-l, ~0,cu :I, QJ: I tl ,:.,. ...-1 l-l::z;~J 1 I I:x.<! ~,'I t. 1·_..~_ '.-1, CU' 0! ..c:,::r::j ..c:![I),co , '69 ~UG 6 M1 /0 29 co, ":l-l : <ll'Iii ~1 p!;j : ~1 +-J1 '.-1,.0 : <ll, <ll,fIJ i Nj [I): .--l'+-J ,co: l-li +-J : .,; ~!<ll,'.-1 , RU0~c-L II ,')Ii-'a pi '.-1,~1 ,.'111 '.-1, ~,V 4-l1 QJ, -0 1 r r:('j Sr [';:":l';JLLS +-J, ~.....co:u 01 P=1j l\l-\JI 1 .....1\VI .. l-l: .....~Q) p : cu: .... iO ..c:i .--l1 ~~\".SI II'•~~C""0 PA ?:1 Ii bO 't:J <ll, ./--\filr~\Jj ,r~v.,. ~:;j,CU,Q) l-l !0:+oJ ..c::l-l:@ u:~10:•.-1 : ~ P=1j I-< ?:I ":d [I): ~ ....;rn ;j , co~:0 I-<0 l-l P:Q)Q)+oJ ....QJ co:1;$....I::I:x.<P=1 :<I)::>....:l ....:l ..} ...')I Q!nmmnuwralt4 nf Jruullylttauia lllIhtahtttgfon (lLountS•.5.5; BE IT REMEMBERED,That upon thiS :t day of Augus.t .. 19 §..~..,before me B.hHHI~..l.l M.a;r..j,.t\Q Register for the probate of Wills and granting Letters of Administration within and for said county,came .. ...........~.!.9..~~y..~~.~!.~.~.~.L A...!g..,J2.~..r.g,~~.OO ::.g.1JJ A.~p.g.y.t~M ............................................................................................................the subscribing witnesses to the foregoing attached Will of F.K.Fawcett.............................................................................................................................................................................................................................................................. deceased,who,after being duly qualified according to law,depose and say:That they were present at the execution of said Will-saw the testat..Or.sign the same-heard..Him publish it as and for .............~.~..~..last Will and Testament;that they at....~~.~request,in ~~..~presence,and in the presence of each other,subscribed their names thereto as witnesses;and at the time of the doing thereof said testat....9..r.was of sound,disposing mind,memory and understanding,to the best of the affiants' knowledge and belief. Sworn and Subscribed Before Me ~.._.~.....2a..~ Register r --. ·,} ESTATE OF ....................................................~.~~.~~~..~..~.~.~DECEASED The undersigned ~~.t:.~.~~y.~~~~~.~~:.d.~~::'..~.m~iQf. of ~.~!:~.~.~?E ..~:~.~~~~~.~.~Iate of ~.~!~~g.~o..~~.~.~.~.J ..~.~l~!~.o..~. deceased,hereby renounces ~.~.~right to administer on ~.~.~.~estate of ibllmb:lxV~xg~~xx ~~~~~~ :JliKdc~~at '~,~~. F.K.F lCCtt,deceased. Signed in presence of :v,~--~~~~.~~~ 'Vd "08 'OlJt.\\l.'; S111/\JO tU.LSI~3~1 o l\aY j ')l:'SSl ,1 01 U~9 ~n~69, '0',.~ :::0t'11Zc:Zn-»-3-oz ·.\ / ESTATE OF ..................................................E:.~~~!!~~g~~0 ECEASED The undersigned ~.Cl.J;.Q1.4 .Y..!f..~~g~!??~~~~~.()~~H&~ of ~!?~.?~.~Qt..f..:K:f..?.~~.~.~.~late of ~.~E~.~.8.~Qt ~.?§.~!{.??.h~.~g.~Q~. deceased,hereby renounces b-.~.?right to administer on ~.~.~.~estate of ~~+XJiOX.X~~~~X~~~K~ ~mkPlSlle'Cioo~at~iefs:1Oi~~loods~~~. f..~.!f..?~.c;.~.~.~.,~~~.~.~.~.e.~. Signed in presence of : ._ I •r . mount!}of lIa6~ingtonf 66. Register's Office Au8.L..l.s.t.L A.D.,19..69 .Fergus Personally appeared ~.r..9.1g Y..~.....J;i'.~.;r.g.IJ..s .."..~r...~...~.nd....Haro.ld Y...L.the subscribing witnesses to Codicil No under date of.__~lJ.n~l..~.6.~to the fore- going last will and testament of...~..~~.~!.~.~.~~.~..~deceased, dated.~.~..P~.~.~~.~..!'??~.~.~~.~.~§19 ,and on T.h~.~!.solemn .C?~·~·B.~did say that ...............'~~P.:~y.~.~.~.~present,and did see and hear f..!'~.!:f~!f..9.~.~.t . deceased,the testa t.Or therein named,sign,publish and declare the same as and for a Codicil to ~~.~..last will and testament,and that at the doing thereof...~~. was of sound disposing mind,memory and understanding,to the best of the affiant's knowledge and belief. ...........................................§.~.C?!..P.-and subscribed before me the day and year aforsaid. (J /k'.......\...Lc,~~.. ~2 Register ~···l/··r;E~·················#&LV~ ''qd "08 N01~H':S'lilSll\;\~'131SI~3~ O,IB\'ll-:iSSf\B .~. C11nunty nf lIa5~ingtnnf 55. \. \D'~\ .\1u Register's Office ~~~..~A.D.,19JUL Fergus Personally appeared ~..!~..!~.~J.~.rJ~J~~~.g ~.r..Q.lg .Y.~the subscribing witnesses to Codicil o .1.under date of ~~¥.?~.~.?~~.~?..7.to the fore- going last will and testament oL f...,K.•.....f..aw.c.e.t.t deceased, dated ~.~.P..~.~.~1?~.~??..~~.~~.~.~§..19 ,and on r.h~J.r.solemn 9.~.~.h.~did say that ......................r.h~.y ~.f3.r.~present,and did see and hear f...•.....~.F.~.~.Q.~.t..t . deceased,the testa t..Qr..therein named,sign,publish and declare the same as and for a Codicil to ~.~..~..last will and testament,and that at the doing thereoL ~.~. was of sound disposing mind,memory and understanding,to the best of the affiant's knowled e and belief. .................................9:1/Qr.n.and subscribed before me e d y and year aforsaid. ............................................~..~.. ~2 Register 'Vd "08 t~1_\.'llS~·l Slll'.~.J :315153'-, .0 1 ,1 01 ~U 9 an~69. ·,I _~_I f _',~, QIouuty of lIu9Qtugtou.9li. Register's Office A~g.!J.~.t~A.D.,19...§..~.Fergus P ersonal1y appeared fu!:r.QJJt...Y..~F~.r.g.JJ.~.,.J.I'.a.nd Ha.r..old .Y.the subscribing witnesses t'o "2~Codicil o under date of.....App,i·l 9.th..19..6..9 to the fore- going last will and testament of f..~~.~,;f~.w..g~.~.t.deceased, dated ~~.p..~.~~~.~.~?.7..~.~.~~~.~.~.19 ,and on..T.b.~J;r.solemn oo...t.hB did say that ...................r;r.h~.y ~.~r..~present,and did see and hear ;r..~~.~ra.W9..~.t..t . deceased,the testat..Q.r.therein named,sign,publish and declare the same as and for a Codicil to ~.~.~..last will and testament,an~that at the doing thereof...Jle . was of sound disposing mind,memory and understanding,to the best of the affiant's knowledge and belief. ................................................~~.9.~.~and subscribed before me th~and year aforsaid. I !tr~.ntVt&~ ~-__' ~2 Register Jk~I.G~s .....~.....~..=~ t ••, -- /otJ);, jLAsT WILL AND r~-;T .l'J.b'NT OF F.K.FAWCETT \VB 108 Page 325 And now August 6,1969,it being adjudged that said Will and vodicil has been proved,it is her by ad- mitted to probate and ordered to be recorded and Letters Testamentary are issued to Michael Beierlein, Harold V.Fergus,Jr.and fittsburgr National Bank in said Testament named Who was duly ~lified. RUSbll..L I"JUtINO,'UJGISTil LAW O~F ICES HAROLD V FERGUS WASHINGTON TRUST BUILDING WASHINGTON PENNA. ••r I • f " CODICIL L F.K.FAWCETT,of Washington County,Pennsylvania,being of sound mind and memory do make,publish and declare this as a Codicil to my Lapt Will ~~~ and Testament hereby reaffirming my Last Will and TestamenAin all other respec s except as to the change made by this paper. I give,devise and bequeath to my daughter,Marian E.Powelson,the sum of One Hundred Thousand ($100,000 .00)Dollars,provided she survives me for a period of thirty-one (31)days and also give her <til my jou91ry,automobiles, clothing,furniture and other purely personal effects,as well as such house- hold goods and equipment I may own.;d ~~'14 I It_i§dii~l ~or in1;~mtion tAat:t=sba:lJ pot difiiPQSQ Qf---=afl~l of the flJ'!tiq!laL ~QWnand wjjbex@cblto a Blnirrs:a;;): IN WITNESS WHEREOE I have hereunto set my hand and seal,this day of June,1969. / .1 -f1-CL.Urc it F.K.Fawcett (SEAL) Signed,sealed,published and declared by the above named person, F.K.Fawcett,as and for a Codicil to his Last Will and Testament,in the presence of us,wh 0,in his presence,and in the presence of each other,have, at his request,subscribed our names as witnesses thereto. Address AddressMARTIN.ZEWE AND FrRGJS ATTORNEYS AT LAW 27 COLLEGE STREET WASHINGTON. PENNSYLVANIA 1"301 , I .'1 .J- CODICIL TO MY IAST WILL AND TES TAME NT . And Now,this 41\day of April,1969,1,F.K.FAWCETT,of the Borough MARTIN.ZEWE AND FE (,US ATTORNEYS AT LAW 27 COLLEGE STREET WASHI~GTO PENNSYLVA IA 5 01 of East Washinyton,Washington County,Pennsylvania,being of sound mind and understanding,do make this Codicil to my last Will and Testament. FIRST:I do hereby revoke,and declare null and void any and all bequests made in my Last Will and Testament to my daughter,Marion Powelson,and make the following bequest,as her sole inheritance: I give devise and bequeath to my daughter Marian Powelson,the sum of I $10,000.00,and one-tenth (l/lOth)of the income from my said trust during the term of her natural life. SECOND:I give devise and bequeath to Ann Schuman the sum ofh':tThousa ($f1J 000)dollars,and one-tenth (l/lOth of the income from my said trust during th term of her natural life. THIRD:All the rest residue and remainder of my estate,subject to the above bequests shall,with the income (except as above stated)be made a part of my foundation for the purposes set forth in my Last Will and Testament. IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and ye r Ifirst above written. The above codicil was executed and declared by the above named testator as and for a codicil to his last will and testament before the undersigned witness,who signed as witness in the present of the said testator ~~p ~HE-i~ 00'.~~~H 0 ~H .H ~ 0H .Q ~00 ."\ ,",.. / I IJ CODICIL TO THE I) l£a11t .tll nn~ID~5tttmcnt -of - F.K.FAWCETT 1,F.K.FAWCETT,of the Borough of East Washington,Washington County,Pennsylvania,declare this to be the sole Codicil to my Last Will and Testament dated September 27,1966. FIRST.I hereby revoke the Third Paragraph of my Last Will and Testament and direct that the bequest therein shall be distributed as a part of Paragraph Fourth of my Will. SECOND.I hereby revoke the appointment of my daughter, Marian E.Powelson,as one of the Executors of and Trustee under my Last Will and Testament and hereby constitute and appoint Benjamin Brown of the City of Washing- ton,Washington County,Pennsylvania,in her place or stead as a Co-Executor and also as a Co-Trustee. THIRD.I hereby ratify and confirm my Last Will and Testament except insofar as any part thereof is revoked or modified by this Codicil. IN WITNESS WHEREOF,I,F.K.FAWCETT,have to this,a Codicil, to my Last -Will and Testamen~,dated September 27,1966,subscribed my name and set my hand and seal this V S'day of )1/0Aj in the year One Thousand Nine Hundred Sixty-seven (1967). (SEAL) F.K.Fawcett •,a'• : I--------------- Jfr&(;;-r=- Subscribed and sealed by the Testator above named,in the presence of us,and each of us and at the same time published,declared and acknowledged by him to us,to be a Codicil to his Last Will and Testament dated September 27, 1966. PAD:RED:rmi LAST WILL AND TESTAMENT I,F.K.FAWCETT,of Washington County,Pennsylvania, being of sound mind and memory do make,publish and declare this my Last Will and Testament,hereby revoking and declaring null and void any and all Wills and Codicils by me at any time heretofore made. 1 FIRST:I direct my Executors to pay my just debts,the expenses of my last illness and my funeral expenses. SECOND:I give and bequeath all my jewelry,automobiles, clothing and other purely personal effects,as well as all household goods and equipment which I may own,to my daughter,MARIAN E.POWELSON, if she survives me. THIRD:I give and bequeath to my daughter,MARIAN E.POWELSON, the sum of One Hundred Thousand ($100,000.00)Dollars,provided she sur- vives me for a period of thirty (30)days. FOURTH:All the rest,residue and remainder of my estate,I give,devise and bequeath to my daughter,MARIAN E.POWELSON,MICHAEL BEIERLEIN,and PITTSBURGH NATIONAL BANK,Pittsburgh,Pennsylvania,as Trustees under the following trusts. I.TRUSTS. A.1.My Trustees shall hold one-half (1/2)of the principal of the Trust Estate for the use and benefit of my daughter, --------------------- • MARIAN E.POWELSON,and shall pay to her,or for her benefit,the net income therefrom in quarter-annual installments for and during her life- time.In the event the net income from this separate trust as well as the net income from the separate trust created below in Paragraph B.should be insufficient in the sole opinion of my Trustees to suitably provide for the same,my Trustees shall be authorized to disburse to or for the benefit of my said daughter so much of the principal of this separate trust,as my Trustees,other than my said daughter,in their sole discretion,shall deem advisable for her health,maintenance and support,provided,however,that funds from other sources are not readily available to her,to the end that she be maintained in the same standard of living to which she was accustomed during my lifetime. 2.Upon the death of my daughter during this trust for her benefit,or upon my death in the event my daughter fails to survive me,the principal of the Trust Estate,as it is then constituted, shall be held in perpetual charitable trust as hereinbelow provided in Paragraph C. B.1.My Trustees shall hold the balance of the principal of the Trust Estate for the use and benefit of my daughter, MARIAN E.POWELSON,and shall pay to her,or for her benefit,the net income therefrom in quarter-annual installments for and during her life- time. 2.Upon the death of my daughter during this trust for her benefit,or upon my death in the event my daughter fails to survive me,the principal of this separate trust,as it is then -2- constituted,shall be held in perpetual charitable trust as provided in Paragraph C.below. C.Upon the death of my daugh ter,MARIAN E.POWELSON, or upon my death should she fail to survive me,the principal of the Trust Estate as provided in Paragraph A.above and the principal of the Trust Estate as provided in Paragraph B.above shall be held in perpetual charit- able trust,which trust shall be known as the "KATHERINE E.FAWCETT CHARITABLE FOUNDATION"in memory of my beloved wife,KATHERINE E.FAWCETT.My Trustees shall pay the net income therefrom as follows: 1.Twenty-five per cent (25%)thereof to SHRINER'S HOSPITAL for CRIPPLED CHILDREN,Philadelphia,Pennsylvania. 2.Twenty five per cent (25%)thereof to LAKE LYNN METHODIST CHURCH OF LAKE LYNN,PENNSYLVANIA,for its general uses and purposes • 3.Ten per cent (10%)thereof to the FRIENDSHIP COMMUNITY CHURCH (located in the Community commonly called Log Pile), Washington,Pennsylvania,for their general uses and purposes. 4.Ten per cent (10%)thereof to THE FIRST METHODIST CHURCH,presently located at the corner of College Street and East Beau Street in the City of Washington,Pennsylvania,for its general uses and purposes. 5.·Ten per cent (10%)thereof to the CHILDRENS HOSPITAL OF PENNSYLVANIA,through the Old Newsboys Campaign. -3- 6.Five per cent (5%)thereof to the LIBERTY METHODIST CHURCH AT VANKIRK,PENNSYLVANIA,for their general uses and purposes • 7.Five per cent (5%)thereof to the SECOND CHRISTIAN CHURCH,presently located on Montgomery Avenue,City of Washington, Pennsylvania. 8.Five per cent (5%)thereof to the SALVATION ARMY,Pittsburgh,Pennsylvania,to be used for its general purposes. 9.Five per cent (5%)thereof to WASHINGTON HOSPITAL, Washington,Pennsylvania,to be used for its general purposes. In the event any of the said Churches should cease to exist or,would have ceased to exist but for the distribution here- from (as determined in the sole and absolute discretion of my Trustees which shall be conclusive and binding upon all persons concerned and without review) due to the congregation becoming too small to support such Church,then the net income to which such Church had been entitled shall be paid and distributed to the SHRINER'S HOSPITAL for CRIPPLED CHILDREN,Philadelphia,Pennsylvania. II.While in the hands of my Trustees,neither the prin- cipal nor the income of the Trust Estate shall be liable for the debts of any beneficiary hereunder,nor shall the same be subject to seizure or attachment by any creditor of any beneficiary under any writ or pro- ceeding at law or in equity,and no beneficiary hereunder shall have any power to sell,assign,encumber,or in any manner to anticipate or -4- • dispose of his or her interest in the Trust Estate,or in the income produced thereby. III.As compensation for its services hereunder,my Corporate Trustee shall be entitled to deduct a reasonable fee,which fee shall be in accordance with the then prevailing rate of compensation charged by my Corporate Trustee for like services. FIFTH:In addition to the powers conferred by law,my Executors and Trustees shall have the following discretionary powers: A.To retain as an investment for my estate and the trust estate,without any duty of diversification,any and all property, real or personal,received hereunder,which shall specifically include the authority to retain any stocks in PITTSBURGH NATIONAL BANK without liability as a result of such retention. B.To invest and reinvest,including principal and accumulated income,in stocks,bonds,mortgages,securities or other property,real or personal,without being limited to the classes of securities or investments in which fiduciaries are authorized by law to invest trust funds.In addition,any divident or other increment or distribution received by my Trustee from a regulated investment company and held as an asset of the Trust Estate,attributable to or designated as capital gain realized by said investment company,shall be allocated to and become a part of principal. C.To sell any and all real estate held as an asset of -5- my estate and trust estate at such times,at public or private sale,for such prices and upon such terms as deemed advisable,and to make,execute and deliver any deed or deeds therefor,conveying title thereto in fee simple absolute,or for any less estate to any purchaser or purchasers, freed and discharged of any and all trusts hereunder. D.To sell,exchange,lease,encumber,option or otherwise dispose of all or any portion of my estate and trust estate in such manner and upon such terms and conditions as shall be deemed advisable,and which shall specifically include the authority to grant leases which extend beyond the term of any trust hereunder and beyond the period authorized by law,and to make,execute and deliver deeds,mortgages,leases,assignments and other documents necessary to effect any of the powers granted. E.To make distribution of my estate and trust estate to any person entitled thereto in kind,in cash,or partly in kind and partly in cash,as deemed advisable,and to this end allocation of assets in kind shall be in the sole discretion of my fiduciaries.Assets distributed in kind in satisfaction of any pecuniary distribution under the terms of this Will shall be distributed at their values on the date or dates of distribution. F.To register or carry any investments held hereunder in their own name or in the name of a nominee or nominees;provided, however,that all such investments shall be so designated upon the records of my fiduciaries that the trust or estate to which said investments belong shall appear clearly at all times. G.To vote by person or proxy any and all stock held in -6- my estate and trust estate and to participate in any reorganization or merger of companies or corporations whose stock is so held. H.To borrow for the purpose of my estate or trust estate from any source,which shall include the authority to borrow from any separate trust created herein,and as security for repayment,to hold or pledge the whole or any part of my estate or trust estate. I.My Trustees shall allocate to principal all stock dividends declared on stock held as an asset of the Trust Estate. J.To retain in kind and continue to operate as a going concern during the administration of my estate and my trust estate,any busi- ness or business interest which I may own or have the controlling interest in at the time of my death,so long as such retention and operation is deemed advisable,and my fiduciaries shall be entitled to adequate and reasonable compensation for their services in connection with the operation of such busi- ness or business interest in addition to the amounts usually awarded Executors or Trustees in connection with the administration of estates or trust estates. During the period of time that such business or business interest is so oper- ated,the full responsibility for the management and operation thereof may be delegated to any person or persons they may deem advisable.Any such business or business interest may be incorporated if my fiduciaries deem such action \ advisable.-My fiduciaries,however,shall be authorized to sell or liquidate any such business or business interest,upon such terms and conditions and to such person or persons,corporation or corporations as they shall deem advisable. My fiduciaries shall be authorized to borrow from my estate or from the trust estate or from any other source,whatever money or moneys they deem advisable -7- to enable them to operate such business or business interest in the best interest of my beneficiaries.My fiduciaries shall be without liability for any loss arising from or occasioned by the retention,operation and/or the sale or liquidation of any such business or business interest. SIXTH:I direct my Executors to payout of the principal of my residuary estate all Federal Estate,State Inheritance,Estate and Succession Taxes imposed upon or with respect to my estate or any property in which I may have an interest,including any property not forming a part of my testamentary estate but included in my gross estate for tax purposes,except any property over which I have a taxable power of appointment in the event it shall be held that I have not exercised such power of appointment in this Will,at such times and in such manner as my Executors in their sole discretion shall deem advisable,and no such taxes or any portion thereof so paid shall be collected from or paid by any other person,persons,or corporations by way of reimbursement, proration,apportionment or otherwise. SEVENTH:I name and appoint my daughter,MARIAN E.POWELSON, MICHAEL BEIERLEIN,and PITTSBURGH NATIONAL BANK,Pittsburgh,Pennsylvania, as Executors of and Trustees under this,my Last Will and Testament.In the event either my said daughter or MICHAEL BEIERLEIN,whether at the time of my death or thereafter,should be unwilling or unable to serve in either capacity for any reason,I name and appoint HAROLD V.FERGUS,ESQUIRE,as Co-executor and/or Co-trustee in his or her stead,or in the event he should be unwilling or unable to serve in either capacity for any reason,I name and appoint his son,HAROLD V.FERGUS,JR.,ESQUIRE,as successor Co-executor and/or Co-trustee. -8- No individual fiduciary shall be required to post bond or any additional security in any jurisdiction in which such fidu- ciary shall be required to serve. EIGHTH:I direct my Executors to employ HAROLD V.FERGUS,ESQUIRE, as counsel for my estate and my Trust Estate,or in the event he should be unwilling or unable to serve,I direct my Executors to retain the services of his son,HAROLD V.FERGUS,JR.,ESQUIRE,as counsel for my estate and Trust Estate. WITNESS my hand and seal this 7-1 ~y of -~::::!!::::-z.:.::::..:...::..-...:yJ~ o19 •- /.~d .....J-J-_~c".....-t_4",--,--[L~_t:i-bV__L-(A/l (SEAL) Signed,sealed,published and declared by the above named Testa- tor,F.K.FAWCETT,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 sub scribed our names as witnesses. Address Address Address -9-