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.:
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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__._
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The decedenes legatees and devisees are as follows:
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lIrAXE IlELATIOXSHIP
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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
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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
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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
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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,
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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
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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
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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,
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,.
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...
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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
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,_.•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.
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;: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