HomeMy WebLinkAbout1069_FRY_HENRY_110_425_08-17-1970_08-26-1970J
Application for Jrohatr of Ifill of ..,He.nr.y L •..Fr.y .
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............................late of DQnm::a ..
Pennsylvania deceased,and ~raltt of fGl'ttrrg Wl'staml'lt1ttfg.
REGISTER'S OFFICE,
WASHINGTON COUNTY,
.......,Washington County,
Before the Register of Wills of Washington
Angeline N.Fry and Chas.E.Enlow,Assistant Vice
County,personally appeared Eresident..oLPittsburgh.National Bank who being
duly sworn says that..Henry..L Fry .late resident of
Donora.,Washington County,Pennsylvania,a citizen of.United..S.ta.tes died
St.Clair Memorial Hospital
testate at..:rJpp.~;r;..S.t.C.l.a.ir..l'.own.sbi.p on the l7.th day o£..A.u.gus.t..A.D.19.7.0 ..Allegheny Co.,Pennsylvania
at.9.~45.o'clock ..p•.m.,age ....5.1 .......leaving an estate of the estimated value of $...Unasc.ertained
personality,and $Unas.c.ert.aine.d realty,said real estate being located in .
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The decedent's legatees and devisees are as follows:
1a 15301
~033
NI\ME RELATIONSHIP RESIDENCE
219 Allen Avenue
Angeljne N.Fry --Wife Donora,Pennsylvania
6 South Main StreetPittsbur~h National Bank 'T'rl1stee Washington,Pennsy1van'
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Testator has...nP.t married and no..children have been born since the
execution of the will offered for probate.
Petitioner prays that the paper writing filed herewith dated ..1\prU.J~L..L969 .
may be admitted to probate as the last Will and Testament of said decedent,and to grant Letters
Testamentary thereon to.Ang.~.l.in.~..N.F;r;y and Pittsburgh..National..Bank..
whose postoffice address is .6..Sollth..Ma.in.S.treet.,..Washington.,.Pennsylvania 15301.
Sworn to and subscribed before me this..",zS....)
....A.D.19.7Q..~
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Register
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}SS.:COMMONWEALTH OF PENNSYLVANIA,
WASHINGTON COUNTY,~Angeline N.Fry and Chas.E.Enlow,
And now....A1,1.glA$.t:....af...............,19 ..7.0,comes ..Assistant Vic:.e···P-re·s·ident··of··Pi·Usburgh
National Bank
who being duly sworn doth depose and say that.they..will well and truly administer the goods
:md chattels,rights and credits of fI~myL,.Fry..deceased,
to the best of th~ir:.skill and judgment in strict compliance with the laws of this Commonwealth,
mindful of the laws relating to inheritance taxes.
Sworn and subscribed before me this.;?~
..A.D.19..7.0.
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Register
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BE IT REMEMBERED,That upon this ?9.day of...A.1J.1d-.?.:t....
19..1.Q ,before me B.JJ.1?..~.§ll g.t.:.'J1Q Register for the probate of
Wills and granting Letters of Administration within and for said county,came .
..............................~N.G.~1.;rN.~N..~F..BX ~D.g B.Q.Q~R ~..~KJ.N.g ..
............................................................................................................the subscribing witnesses to the foregoing attached Will of
Ry L F.B.Y:.
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 hi.m publish it as and for
...........hi.~..last Will and Testament;that they at..hJ.§request,in hJ.§presence,and in the
presence of each other,subscribed their names thereto as witnesses;and at the time of the doing thereof said
testaIt...Q.r.was of sound,disposing mind,memory and understanding,to the best of the affiants'
knowledge and belief.
Sworn and Subscribed Before Me
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Register
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LAST WILL AND TESTAMENT
I,HENRY L.FRY,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.
FIRST:I direct my Executors to pay my 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 wife,ANGELINE N.FRY,
if she survives me.
In the event my wife fails to survive me,I give
and bequeath the aforesaid items to my wife's children,FRANCIS D'EGIDIO
and JOSEPHINE PERRY,or the survivor,to be distributed among them as they
shall mutually agree,or in the absence of such agreement,as my Executor,
in its sole discretion,shall deem advisable,making such distribution in
as nearly equal shares as possible.
THIRD:If my wife,ANGELINE N.FRY,survives me,I give,
devise and bequeath to my wife,ANGELINE N.FRY,absolutely,so much of
my estate as will afford my estate the maximum allowable marital deduction
under Federal Estate Tax Laws when this share of my estate,so given,is
considered with any and all other property of mine passing or which has
passed to my wife under the provisions of this Will or otherwise,and
which other property is included in the marital deduction allowed my estate.
There shall be excluded from this devise and bequest any assets which do not
qualify for the marital deduction.It is my desire that any business or
business interest which I own at the time of my death shall be allocated
to the bequest to my wife,provided,however,that such allocation does not
affect the size or validity of the marital deduction allowed my estate.
In the event my wife and I should die either simultane-
ously or under circumstances which do not afford sufficient evidence as to
who was the survivor,it is my intention that it be presumed that my wife
survived me.
FOURTH:All the rest,residue and remainder of my estate,I
give,devise and bequeath to PITTSBURGH NATIONAL BANK as Trustee under
that certain Revocable Life Insurance Trust Agreement dated _
April 18,1969 ,(and as the same may be amended from time to time),
and actually executed by me with PITTSBURGH NATIONAL BANK prior to the
execution of this Last Will and Testament;said devise and bequest shall
be added to the principal of the aforesaid trust,to be held and/or dis-
tributed as though an original part thereof.
FIFTH:If for any reason the said Trust Agreement is ineffec-
tive as a trust at the time the assets of my estate are to be added to it,
then the property herein given,devised and bequeathed to PITTSBURGH
NATIONAL BANK,as Trustee under such Trust Agreement shall be held by it
in trust in accordance w~ith the provisions of the said Agreement in its
form immediately prior to the execution of this Last Will and Testament.
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SIXTH:In addition to the powers conferred by law,my Execu-
tors shall have the following discretionary powers:
A.To retain as part of my estate any property received
hereunder,without any duty of diversification,and which shall specifi-
cally include any stock which I may own at my death in PITTSBURGH
NATIONAL BANK.
B.To invest and reinvest the principal of my estate 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 by law authorized to invest funds.
c.To sell,exchange,lease,encumber,option or otherwise
dispose of all or any portion of my estate,real or personal,in such manner
and upon such terms and conditions as shall be deemed advisable,and to
make,execute and deliver deeds,mortgages,leases,assignments and other
documents necessary to effectuate any powers herein granted and which shall
specifically include the authority to grant leases extending beyond the per-
iod authorized by law.
D.To make distribution of my estate in kind,in cash,
or partly in kind and partly in cash and to this end,allocation of
assets in kind shall be in the sole discretion of my Executors.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.
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E.To retain in kind and to continue to operate as a
going concern during the administration of my estate,any business or
business interest which I may own or in which I may have the controlling
interest at the time of my death,so long as such retention and operation
is deemed advisable,and my Executors shall be entitled to adequate and
reasonable compensation for such services in connection with the operation
of any such business or business interest in addition to the amounts
usually awarded Executors in connection with the administration of estates.
During the period of time that such business or business interest is so
operated,the full responsibility for the management and operation there-
of may be delegated to any person or persons they may deem advisable.
Further,my Executors shall be authorized to distribute any such business
or business interest to my Trustee in kind.Such business or business
interest may be incorporated if my Executors deem such action advisable.
My Executors,however,shall be authorized to sell or liquidate any such
business or business interest upon such terms and conditions and to such
person,persons,corporation or corporations as they shall deem advisable.
My Executors 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.
Notwithstanding the foregoing provisions and in
addition thereto,my wife,ANGELINE N.FRY,if she is then living,shall
have the final authority as to the management,operation,sale,liquidation
or retention of any business or business interest which shall be sold
upon such terms and conditions and to such person,persons,corporation or
corporations as she shall deem advisable,and my Corporate Executor shall be
without liability for any loss arising from or occasioned by the retention,
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operation and/or sale or liquidation of such business or business interest.
SEVENTH: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.
EIGHTH:I name and appoint my wife,ANGELINE N.FRY,
and PITTSBURGH NATIONAL BANK,Pittsburgh,Pennsylvania,as Executors of
this,my Last Will and Testament.In the event my wife,either at the
time of my death or thereafter,should be unwilling or unable to serve
for any reason,no successor shall be appointed.
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.
NINTH:I appoint PITTSBURGH NATIONAL BANK as Guardian of
any property which passes to a minor and with respect to which I am
authorized to appoint a Guardian and have not otherwise specifically
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done so,granting it in this capacity the power to agree to any distri-
bution of the said property that it deems advisable;the power to retain
any property,real or personal,received by it in kind and the power and
authority to sell the same upon such terms and conditions as it believes
advisable,giving good title to any real estate thus sold;and the power
and authority to invest in such stocks,bonds and/or other investments
it deems advisable,without being limited to those investments in which
guardians are by law required to invest minors'funds;and the power and
authority to disburse to or for the benefit of the minor wards so much
of the income and the principal of the minor's share of the said property
as it,in its sole discretion,deems advisable for the minor's comfort,
maintenance,support and complete education,including preparatory,college
and post graduate or professional training,and to aid the minor in the
event of any illness,injury or other emergency affecting the minor wards
wherein money is needed.Any disbursements hereinabove authorized may be
made to the parent,guardian or such other person as may have custody of
the person of that minor at the time such payments are made,without lia-
bility on the part of PITTSBURGH NATIONAL BANK to see to the application
of said payments by the payee,and the receipt of any such person shall be
a full acquittance of PITTSBURGH NATIONAL BANK as to any amount so paid.
19/4-.WITNESS my hand and seal this ~/_~4L-day of --"'¢~=...Jf{I",-----
Signed,sealed,published and declared by the above named Testa-
tor,HENRY L.FRY,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 subscribed our names as witnesses.
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