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HomeMy WebLinkAbout1065_ANZALONE_CHARLES_126_95_04-26-1977_07-11-1977Pennsyh~lIlia deceased,uno Qjrunl lIt lrltrru ~tlJluanrnturll. REGISTEH'S OFFICE,, WASHINGTON COUNTY.f 3S.: .. ~ i\llpliraHtlll fl}f tI'l'lT[lUfc uf ~tlill uf.c..lllLr...L..~__M.J;..:...!I...~z..dl..rl..~~M. _..,_....._...__....I.llc oc.........!!J..f!::..I1..&.t..d.iM __........_...__.......__.....Wnshingtoll Couiity, ~3·-·11 ?7/ Before the Register of Wills of Washington County,personally nppcarcd...:&a r;ah ;(l;,:z.tile:>n :e~_._who being duly sworn sa)'s that Ch ot/c:r ;;::Ahzq!.e.n.e late resident of "J-~(:;t1 r'JI1urra))Rd.:...--,Washingto~County,Pennsylvania,n citizen of LlS!l died.. testate atl}l/ej~(hY &en.}lM'f on the ),&ttl.day of _~A.D.19.2.7 at e,:301)'1o'clocL.._m.,age_.S3 leaving an estate of the estimated value of $_~. personality,and $~_realty,said real·estate being located in__._ --------------------------------_._----- --------------------------------------,--- The decedenes legatees and devisees are as follows: [ lIrAXE IlELATIOXSHIP If 1- IlESIDElI:CF. -/, '. Testator has...~..-._-married andM._~children have been born since the execution of the will offered for probate. Petitioner p'nl's thnt the p'pc'w'iting filed herewith d,ted..~//'2."].---"• may be admitted to probate -as the last 'Vill and Testament of said decedent,and to grant Letters Testamen- tary thereon tOM"'_~'_"-_._____~_ whose po,'office nddre's is",~..;?_'L,~..:._.._;:,~QJ~(('.:..!..f...I..J7 ~..,.n."vd sllhscdbcd hdo,"lIle this,d.¢I ~~~~(.·l.t:·;·..::·=::··'I;;;i:;:;'W I 'Ii COI\1I\'!ONWJo:M,'J'1l OF PENNSYLVANIA,}5S"• . WASIIIN(~TON COUNTY,... Alld lIo\V•.••~...2J_.._._...1921.corn"..~~.,........_...._...._......_ who ~;;g dul),,wo,,~dolh dtpo,;:]~d .aY;h.th...Will well ,;nd'~r~ly .d..illhler the Iloods .nd eh.t· tels.tlllhts '"1I5"d'I'or...••.~.:d....~__....deee''''d. to the best of ~skill and jucl~mcnt in strict compliance with the laws of this Commonwealth,mind- luI of the hlWS relatinti to inheritance taxes. Sworn and subscribed before me this c2./.,d., '¥J.fr~.Ll::&-,,-#--,._--_..__....A.D.1972 -----------,-~ ... " I >- ~.~~~uc:ItI~~< ~~...i,~~I, ~Ii.:rd :I~CI/ "$~8 I~!Q ~.:~ 11\.....0 "0 I~4J4Jt::~~::> ..'.:. LAST WILL AND TESTAMENT I,CHARLES F.ANZALONE,of Washington County,Pennsylvania,do make, publish and declare this to be my Last Will and Testament,hereby revoking all Wills and Codicils heretofore made by me. FIRST:I direct my Executors to pay my lawful debts and the expenses of my last illness and funeral. SECOND:I bequeath all my jewelry,automobiles,clothing and other purely personal effects,as well as all household goods,furnishings and furniture which I may OWO,including any policies of insurance thereon, to my wife,MARION ANZALONE,if she survives me. In the event my wife fails to survive me,I bequeath the aforedescribed property to my then living children,to be distributed among them as they shall agree among themselves,or should they fail to agree,as my Executor,in its sole discretion,shall deem advisable,making such distribution among them in shares of approximately the same value. In the event any of my children should then be a minor,the person having custody of such child may assist in selecting such minor's share,and I authorize my Executor to deliver such minor's share of said property,with- out bond,to the person having custody of him or her,and the receipt of such person shall be a complete discharge of my Executor with regard to such minor's share of said property. THIRD:All the rest,residue and remainder of my estate,I bequeath and devise to my wife if she survives me by thirty (30)days,and if she fails so to survive me,my residuary estate shall be distributed to WESTERN PENNSYLVAi~IA NATIONAL BANK,Pittsburgh,Pennsylvania,as Trustee under the following trusts. A-l.For so long as any living child of mine shall be under the age of twenty-two (22)years,my Trustee shall hold the prin- cipal of the Trust as one fund and shall pay all or so much of the net income therefrom to or for the benefit of my then living issue in such amounts and proportions and at such times as my Trustee,in its sole discretion,shall deem advisable,and any income not so distributed shall be accumulated.In addition,my Trustee shall be authorized to pay to or for the benefit of my issue such sums from principal as it deems advisable for their health,maintenance,support and complete education,including college,post-graduate or professional training. My Trustee shall be under no duty to equalize disbursements of income or principal hereunder. 2.As soon after the death of the survivor of my wife and me as no living child of mine shall be under the age of twenty-two (22)years,the principal of the Trust shall be divided into as many equal shares as there are children of mine then living and children of mine then deceased but survived by then living issue. a.Each share created for the issue of a deceased child shall be transferred and delivered to such issue,per stirpes, subject to the provisions of Paragraph E if any beneficiary be a minor. b.Each share created for a living child shall be held in a separate trust,and my Trustee shall pay the net income there- from to or for the benefit of such child in installments convenient to him or her,together with so much of the principal as my Trustee,in its sole discretion,shall deem advisable for his or her health,maintenance,support and complete education including college,post-graduate or professional training;such payments to continue for and during his or her lifetime provided,however,that immediately following the division of the Trust -2- into separate trusts,or at any time thereafter,such child may withdraw any or all of the principal of his or her separate trust. c.In the event the principal of any separate trust should be less than TEN THOUSAND ($10,000.00)DOLLARS,my Trustee shall have the right to terminate such trust and distribute the remaining prin- cipal to the beneficiary entitled thereto,provided,however,that such beneficiary has then attained the age of twenty-five (25)years. d.If any child should die before the complete termination of his or her separate trust,the remaining principal thereof shall be distributed to such child's then surviving issue,per stirpes,or if he or she has none,to my then surviving issue,per stirpes;provided, however,any share thus accruing to any living child shall be added to his or her separate trust hereunder,if the same is still in existence, and provided further,that any share passing to a beneficiary who is then a minor,other than a child for whom a separate trust is then being held, shall be subject to the provisions of Paragraph E. B.Should any trust remain undistributable due to the death of all of the beneficiaries who are named or described therein to take,the then remaining principal of such trust shall be distributed as follows: If my mother,MARIA ANZALONE,is then living,the Trustee fshallholdanyremainingprincipalintrust for her use and benefit,and during her lifetime the Trustee shall pay to her or for her benefit all of the net income therefrom in quarter-annual or other installments convenient to her,but at least annually.In addition,the Trustee shall be authorized to pay to or for the benefit of my mother,so much of the principal of the trust as the Trustee,in its sole dis~retion,deems advisable for her health, -3- maintenance and support;such payments to continue for and during her lifetime. If my mother,MARIA ANZALONE,is not living at the time for distribution hereunder,the then remaining principal of such trust shall be distributed one-half (1/2)to my then living heirs and one-half (1/2)to my wife's then living heirs according to the Intestate Laws of the Commonwealth of Pennsylvania in effect at the time of my death. C.While in the hands of my Trustee,neither the prin- cipal nor the income of any trust hereunder shall be liable for the debts of any beneficiary nor shall the same be subject to seizure or attachment by any creditor of any beneficiary under any writ or proceeding at law or in equity,and no beneficiary shall have any power to sell,assign,en- cumber or in any manner to anticipate or dispose of his or her interest in such trust or in the income produced thereby. D.Upon the death of any income beneficiary of the Trust, any accrued or undistributed income shall be held and accounted for,or distributed,in the same manner as if it had been received and accrued after the beneficiary's death. E.If any beneficiary shall be under twenty-one (21) years of age at the time any share of principal is distributable to him or her,such share,although vesting absolutely in such minor,shall be retained in trust,and my Trustee,in its sole discretion may accumulate the whole or any part of the net income of such share,or may pay,distri- bute or apply at any time the whole or any part of the net income and principal,including accumulated 'income,to or for the support,welfare and education of such beneficiary,either directly or by making payment to his or her guardian or other legal representative or to the person with whom he or she resides,without liability on the part of my Trustee to see to the application of such payments.When such beneficiary shall attain the age of twenty-one (21)years,or upon his or her death prior -4- thereto,the then remaining principal,together with any accrued or accumulated income,shall be distributed to such beneficiary,or to the personal representative of his or her estate,as the case may be. F.My Trustee shall be entitled to receive annual compen- sation for its services hereunder in accordance with its schedule of compensation currently in effect when the services are performed. G.In the event my wife,MARION ANZALONE,and I die within thirty (30)days of one another,and in the event there is a trust or trusts established by my wife under the provisions of her Last Will and Testament identical in all respects to the trusts provided herein,I specifically authorize my Trustee,if it shall deem such action advisable,to accept the assets of such trust established under the Last Will and Testament of my wife and to merge and blend the assets of this trust with any identical trust created by my wife, to manage and administer the same as one. FOURTH:My fiduciaries,whether in the nature of Executor, Trustee or Guardian of property passing to a minor,shall have the following powers in addition to those vested in them by law,exercisable without court approval: A.To retain any or all of the assets of my estate or any trust created hereunder,without any duty of diversification,specifically including any stock in or obligations of EQUlMARK CORPORATION I may own at my death. B.To invest and reinvest in stocks,bonds,mortgages, securities or other property,real or personal,specifically including any common trust fund,without being limited by any statute relating to invest- ments by fiduciaries. C.To sell at public or private sale,to exchange or to -5- lease for any period of time,any real or personal property,and to give options for such sales,exchange or leases,for such prices and upon such terms or conditions as my fiduciaries deem advisable. D.To distribute my estate or any trust property to the beneficiary entitled thereto in cash or in kind,or partly in each,such allocation of assets to be in the sole discretion of my fiduciaries. E.To register investments in the name of my Trustee or in the name of a nominee,provided that the records of said Trustee indicate clearly the trust to which such investments belong. F.To borrow money for purposes of my estate or any trust hereunder either from the banking department of my Corporate Trustee or from others,or from any separate trust hereunder,and to mortgage or pledge any part of my estate or any trust property as collateral therefor. G.To vote by person or proxy any investments owned by my estate or any trust,and to exercise or sell any rights of subscription or other rights in respect thereof;and to participate in any liquidation, reorganization or merger of any corporation whose investments are so held. H.To compromise any claim or controversy affecting my estate or any trust hereunder. FIFTH:I direct that all Federal,State and other death taxes payable because of my death,with respect to the property forming my gross estate for tax purposes,whether or not passing under this Will,including any interest or penalty imposed in connection with such tax,be paid out of the assets of my residuary estate without requiring any apportionment,reimburse- ment or contribution by any beneficiary under this Will or any Codicil thereto. In the absolute discretion of my Executors,death taxes may be paid immediately, -"6- ,. or the payment of taxes on future or remainder interests may be postponed until the time possession thereof accrues to the beneficiary,in which event such taxes shall be paid out of the principal of the trust subject thereto. SIXTH:I appoint WESTERN PENNSYLVANIA NATIONAL BANK,Guardian of any property,other than tangible personal property,which passes to a minor,either under this Will or otherwise and with respect to which I am authorized to appoint a guardian and have not otherwise specifically done so.Until the minor reaches majority,the Guardian may,in its discretion, accumulate the whole or any part of the income from such minor's property, or may distribute or apply the whole or any part of the income and prin- cipal from such minor's property to or for the support,welfare and education of such minor either by making payment directly to the minor or to his or her parent,guardian or other legal representative,without liability on the part of liESTERN PENNSYLVANIA NATIONAL BANK to see to the application of such payments. SEVENTH:I appoint my wife,MARION ANZALONE,and WESTERN PENNSYLVANIA NATIONAL BANK,Pittsburgh,Pennsylvania,as Executors of this, my Will.Should my wife at any time be unwilling or unable to act,WESTERN PENNSYLVANIA NATIONAL BANK shall serve alone.My Corporate Executor shall be entitled to its regularly scheduled rate of compensation whether serving alone or as Co-Executor with my wife. My fiduciaries shall not be required to furnish any bond or other security in any jurisdiction in which they shall serve. day I have hereunto set my hand and seal this 2:2- ,19 72... ~ZA~~) SIGNED,SEALED,PUBLISHED and DECLARED by the above named Testator, CHARLES F.ANZALONE,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 havelfereunto subscribed our /IIdctlJ~ names Address -7- ,_.•r '.. arnunty nf lfun4ingtnn,nn. REGISTER'S OFFICE .ll ~A.D.19 7-7 Personally appeared.J..Q.Y9..~An~.~~.Q.P.:.~~.ng Th-<?~.?:.~~.~~~.~.~.?~~::::. who,after being duly qualified according to law,deposes and say that they are well acquainted with the handwriting of Cha ies F.Anzalone ..................................................................................................................................................._._,Deceased,Testator to the foregomg Will dated.??..~g .A~g:Y.:~J _19 ??.and that the signature of said.9h~r.l.~.1?f...,An.?..~lQ.P.:.~_.._,~is in his a£EfX own proper handwriting,as they,the affiants, verily believe. Also,that the subscribing witnesses are not now within thh jurisdiction. ..................SWQr..n and subscribed before me h day and year aforesaid. -=-....-L.__'d!zi.!.Ld..~~ """2 ~~. ;:anAfi/bN.................................................~···::.····::··r··:-::":'.:···-.··~·······························. Form 23.Register of Wills. iRrnunciatiou CHARLES F.ANZALONE___________________________________Deceased. .Equibank N.A.The underslgned----------------------------------(Parties entitled to Letters) hereby renounce__-'th~e""'i"_"r=__right to administer on said estate and respectfully request that Letters,E_x_e_c_u_t_o_r _ Marion Anzalonebeissuedto _ Equibank N.A. Ofrtcer