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Home My WebLink About1080_DENNY_W_77_202_05-18-1951_07-25-1951, ., o /a f{) ~ast Will an'!._~e_starnent -of w.w.DENlJY And now July 25.1951,it being adjudged that said Will and Codieil have been duly proved,they are hereby admitted to probate and ordered to be recorded,and Letters Testamentary are issued to Elizabeth H.Denny,in said Testament named.who were duly qualified. James H.Douglas, Register• • • WILL BOOK 77 PAGE 202 MciLVAINE 8<MciLVAINE ATTORNEYS AT LAW WASHINGTON TRUST BUILDING WASHINGTON.PA. .. Last Will and 'llestament -of- w.W.DENNY MciLVAINE &MciLVAINE ATTORNEYS AT LAW WASHINGTON TRUST BUILDING WASHINGTON,PA. '~..-'::w 1\pplication for 'rnbatr of JUill of-1fL.-T..-Denn¥-r--alao knw:wn-~s--Willi,am IN....Denny late of Mount Pl€Hl ~Hmt To'ml-Ship "'a.hington County. Pennsyl\"ania deceased,and ®nmt of "1Ldtrr5 ffi"1'sbllll'll!;:\f!.1. REGISTER'S OFFICE, WASHINGTON COUNTY,~SS,: _____who being Before the Register of Wills of Washington County,personally appeared Elizabeth .~.Denny duly sworn says that W.•Denny,also kn_o_w_n e_D_r.--"--Ylate reS'ident of Pennsyh'ania,a citizen of Pennsylvanj a diedMt.Pleasant Twp.,Washington County, at Hick~y,Pennsylvania a~ed 77 at !O-.V·o'clock Pm.,on the 18th day coL 51__A.D.19__ lea\"ing an e~tate of the estimated value of $50,OO~-QHo--pel'sonalty,and $-2B-,900.00 realty,said real estate being located in 1.Iount 1-'le..9.flant '"owDsbip,·:a<"'},'nct.o'l (;Oll"ty, Penn "'vIvania.Dormont,11eGh~C01mty,Fenn syJ van 1a,Pi t tshllrt ,1" __Alleghany Co "lID.ty.Pennsylvania. The decedent's legatees and devisee are as follows: sjsterEvaDennyBerrybi1J ",DIE ••~~II):""HIP---l.:E.wl_iLZ;:..aa...ub~eut.u.b...L.-pl...;..&.-..LD.LS.e:un..l.Jnu..yJ_---------:--~w.~~tf)""-'-'w ...........................&....J~~~"'-="-'---- -----"L=a"'-u=r~a'---"L=e""'n""nU-.J-y--"S....i....m...,p",.,..,.s-""e"'"n...........--------,--S.istAr Harry',.Denny F~orence,Penna. '€IlIon H a tiora-~Trust Co.none-----.::...:...=-=-=:....::.:::-=------=.:-::..:::....::...:~=------=...:cc:..:c.::....._"_______=_=:::....::._--"--'___I__--- ?l'Ison Denny n~phe_w 1 _':::.-nr.l..i..l.l...J.l..Jii.la~mn-..I..D~e~nun~Jy-T~S'-J,i.uT!1*1PJ-;lO;>.JOl"I,nw.--.------I -nephS'N l,:on~,)Pe n n:3. l1a ~eIl-e Yifi\1"8 Hes s _Cowle..us :_nona -- ____I_F;r_~ndm-ace arot-.!3erryhill Brewster !-Dt~ce I _Harsl~_a~l Denny Berryhill ,1 nephev~__ C0arles Clair Berryhill \nephew -_Ei..c..kory,Penn a • Gr~onville,Penna. 1;':'a,,:ara I'alls,:T.Y. Testator ha-not married and__----llO-._child]"II haye been born since the cxeCl:ti0I1 of t~e will offereel for probate. Petitioner pra~',that the papei'writing filed here ,,-jth clatc(L;:8-r--Cl~.l.9....49-an.CL-Co.Q..i....{'M- _...da.t..e.d.1rla.:y ]0,]95]_l11a~'be admitted to probate as th:?last "'ill and Testament of said decedent,and to grant Letters Testamentary thereon to__E,,",-,-]izab..e..th..~~enn..;.+--- _________whose po toffice addre s is-J ickory,PennSJl vania.-_ ~ Sworn to and subscribed before me thisft )~~~'-..-L~...v'-"""'"dOL ,;:7.:~A.D.19~.(}~--- /~Register).------.--------- COMMONWEALTH OF PENNSYLVANIA, WA!SHINGTON COUNTY,~88.: iZ;}«-hd-:;i;day of }T---c;J4uA~&:'-·.--/v:,<)A.D.1~ And now JuAy.-1 ~.,19*-,comes Eli5!Saboth H.Donny \dlO being duly s\yorn doth depose and say that she_will well and truly administer the goods and chat- tels,rights and credits oTIv'1.W.Denny,also knewn a'1 William W.Donny ,deceased, to the best of her skill and judgment in strict compliance \",ith the laws of this Commonwealth, mindful of the laws relating to inheritance taxes.~ Sworn and subscribed before me this~ /~---.- Q)I ICIl I s::~jC) s:r-i IC) 0 r-i s:: ~ q -U')~~x 't u.o ~. r.: cv 0 cn...l~ 0 rf)~g..J 0 --t '1$ 1 [il ....cv W g~ ,.; ......t.>,.~cvA -.J 0::---=-J ,-E a'~'"0 -::I:t;J)<D cv 1.J....,'"(] ~ ~ r::: l:: u.J L&.I 8 '1$ •~Q:: I~...<C UJ •0 c ~ ~If, :r 0 Ul •... a:CJ cv 0 ~....., I.,., ,~cv s::~ ~H ;:J .....~ r',.---.. I,W.W.DENNY,of Hickory,Mount Pleasant Township, Washington County,Pennsyivania,being of sound mind,memory and understanding,do make and publish this my last Will and Testament hereby revoking and making void all former Wills by me at any time heretofore made. FIRST.I direct my Executrix,hereinafter named,to pay ail my just debts and funeral expenses as soon as conveniently may be done after my decease. SECOND.I give and bequeath to my wife,Elizabeth H. Denny,the sum of Five Hundred (f,~500.00)Dollars. THIRD.ive and bequeath to my wife,Elizabeth H. Denny,all the household goods in our home at Hickory,Pennsyl- vania,and also any automobile or automobiles I may own at the time of my death. FOURTH.I give and bequeath to my sister,Laura Denny Simpson,the sum of Five Hundred ($500.00)DOilars. FIFTH.I give and bequeath to my sister,Eva Denny Berryhill,the sum of Five Hillldred (~500.00)Dollars. SIXTH.I give and bequeath to my brother,Harry W. Denny,the sum of Five Hundred ($500.00)Dollars. SEVENTH.I give and devise ail my interest in a lot )f ground on Wabash Avenue,Hickory,Pennsylvania,adjoining lots )f Lou Berryhiil and Richard Simpson,to my sisters,Laura Denny ,i 3im.pson and Eva Denny Berryhill,share and share aliKe.This is the lot of which my mother,Margaret T.Denny,died seized. EIGHTH.I hereby authorize and direct my Executrix, hereinafter named,to convert all the balance of my estate into cash,except the home property in which we now reside.My said Executrix shall use her best judRTIent of the time and saie price of my securities,and if the markets warrant the holding of certain securities for a better price,my Executrix shall not be required to file her account within the customary period,and I cesire my attorneys,hereinafter named,to advise my Executrix in matters relating to the sale of securities. NINTH.I hereby make and constitute the Mellon National Bank &Trust Company to be the Trustee of the said balance of my estate after it has been converted into cash by my Executrix (except the home property,as aforesaid)the same to be held by it in trust to invest,reinvest and keep the same invested in such securities as are authorized by law for trust funds in Pennsyl- vania,and to pay over the net income therefrom,quarterly,to my I said wife,Elizabeth H.Denny,so long as she remains my widow, and further,my said Trustee is authorized and directed to pay to my said wife,during the time she remains my widow,so much of the principal of said trust fund as may be necessary for her comfort- able support and maintenance,provided the income from said trust fund is not sufficient,and said income and principal shall be free and clear of all levies,attachments,executions and sequestrations. TENTH.If my said wife so desires,the home property in which we now reside shall remain illlsold during the time she remains my widow,and may be occupied by my said wife during said period free of rent,taxes,insurance and repairs.Should my said wife at any time during the time she remains my widow desire to live elsewhere,then my said Trustee is authorized and empowered to make sale of the home property and invest the proceeds thereof in another home for my said wife,to be occupied by her on the same conditions.Should my said wife decide to reside in an apartment,then nlY said trustee is authorized to pay the rent and utilities for the same.In the event that it becomes necessary for my Trustee to sell the home property,my said -2- Trustee is hereby authorized and empowered to execute and deliver good and sufficient deed or deeds for the same without securing an order from any Court. ELEVENTH.Upon the death or remarriage of my said wife,Elizabeth H.Denny,I direct that my said Trustee shall convert into cash any real estate unsold,and for that purpose my said Trustee is hereby authorized and empowered to execute and deliver good and sufficient deed or deeds for the same without securing an order of any Court,and further,my said Trustee shall convert all securities and investments into cash,and I directlthatthefundsoderivedfromthesaleofrealestate,securi ties [and investments shall be divided as follows: (a)I give and bequeath to Jay M. Denny the sum of Four Hundred ($400.00) DoLLars. II (b)I give and bequeath to H.Wilson Denny the sum of Four Hundred ($;400.00) Dollars. (c)I give and bequeath to William Denny Simpson the sum of Four Hundred (~400.00)Dollars. (d)I give and bequeath to Genevieve Ross Colwes the sum of Three Hundred ($300.00) After the above four legacies are paid,I direct that the balance of my estate be divided as follows: (e)I give and bequeath the one- third thereof to my sister,Laura Denny Simpson,for her use during her natural life,with the ri8ht on her part to use the principal if she so desires,and at her death,the balance remaining of her share,if any,I give and beq~eath to her son,William Denny Simpson. (f)I give and aequeath tbe one- third thereof to the '-.!O.L on Ka tional Bank &Trust Company in trl1 st,neverthel.es s,to -3- invest,reinvest and keep the same in- vested in such securities as are authorized by law for trust funds in Pennsylvania and to pay over the net income therefrom, quarterly,to my brother,Harry W.Denny, for and during the term of his natural life together with so much of the principal as may be necessary for his comfortable support and maintenance,provided the income is not sufficient for that purpose,the said Trustee to be the jUdEe as to the amount of principal to be used,and said income and principal shall be free and clear of all his debts, contracts,engagements,assicnments,aliena- tion and anticipations,and free and clear of all levies,atta hments,executions and sequestrations;and at the death of my said brother,Harry •Denny,the bala~ce remain- ing of his share,if any,I ryive and bequeath to the two sons of my said brother,namely, ay M.Denny and H.~ilson Denny,share and share alike. (g)I Give and bequeath the one- third thereof to the Mellon National Bank & Trust Company in trust,nevertheless,to in- vest,reinvest and keep the same invested in such securities as are authorized by law for trust funds in Pennsylvania,and to pay over the net income therefrom,quarterly,to my sister,Eva Denny Berryhill,for and during the term of her natural life,together with so much of the principal as may be necessary for her comfortable support and maintenance, provided the income is not sufficient for that purpose,the said Trustee to be the judge as to the amount of principal to be used,and said income and principal shall be free and clear of all her debts,contracts engagements,assir,nments,alienations and anticipations,and free and clear of all levies,attachments,executions and sequestra- tions;and at the death of my said sister, Eva Denny Berryhill,I give and bequeath the one-half of the balance remaining of her share to her daugpter,Margaret Berryhill Brewster;the one-tenth thereof to Marshall Denny Berryhill;the one-tenth tpereof to Charles Cl.air Berryhil.l;the one-tenth thereof to J.M.Denny;the one-tenth thereof to H. Wilson Denny;and the one-tenth thereof to William Denny Simpson. LASTLY,I do hereby make,constitute and appoint my sai wife,Elizabeth H.Denny,to be the Executrix of this my ~ast Will -4- I and Testament,and request that she charge only 2t%commission for her services in connection with the settlement of my estate, and I authorize and direct my said Executrix to secure the services of McIivaine &McIlvaine,Attorneys,of Washington,Penn- sylvania,in the settlement of my estate. IN fITNESS WHEREOF,I,1r,[.W.Denny,the testator above named,have hereunto subscribed my name and affixed my seai this ~[!day of March,A.D.1949. J ____L.-:~--l.~~~~~~'---(SEAL Signed,sealed,pubiished and declared by the above named W. W.Denny as and for his last Wiil and Testament,in the presence of us,who have hereunto subscribed our names at his request as witnesses thereto in the presence of the said testator and of each other. -5- I i'.. CODICIL ____D_.E_'l_NY_,of Hickory,Mount t"leasant TO\mshiu, ~ashington County,ennsylvania,beinG of sound mind,r:lemory and understanding,do make and =ublish the follo~ing as and for a Codicil to my Last iill and Testament dated the 8th day of Tvlarch,A.D.1949,and direc t that t~lO sane shall b0 annexed to my said Will and taken as a ~art thereof: FIRST~s to paracra~h Eleven,section (a)I revoke absolutely the bequest to Jay L.Denny. SECOND;As to paraGraph Eleven,section (f)I revoke absolutely the beouest to J<-<.y I'-i.Denny an~'direc t and it is nOVI my will that on the death of I-larr'y ,J.Denny the balance reYllain- ing,if any,of the fund created by paragraph Eleven,section (f)I give and beaueath to the son of IlI'J brother,namely, H."/ilson Denny,and to the daughter of the late Jay M.Denny, namely,Esther Ann Denny,share and share alike. THIRD:As to parabraph ~leven,section (g)I revoke absolutely the bequests to LIarcaret Berryhill Bre\7ster,LIarshall Denny Berryhill,Charles Clair Berryhill,J.Ii.Denny,H.\ilson Denny and 'Villiam Denny Sim:)son ann.direc t and it is no\!my will I that on the death of my sister,~va Denny Berryhill,the balance remaining,if any,of the fund created by paragraph Eleven, section (g)I give and beaueath one-half thereof to I,;arcaret Berryhill Brewster;one-fourth thereof to I.~rshall Denny Berryhill;and one-fourth thereof to Charles Clair Berryhill. IN \ITNESS dH~RBOF,I,·V.r/.Denny,the testator above named,have hereunto subscribed my n~me and Rffixed my seal this lOth day of 1hy,A.D.1951. Jtrry((a~(':"'=AL) Signed,sealed,published and declared by the above named V.V.Denny as and for a Codicil to his Last \ill and Testament,in the presence of us,~ho have hereunto subscribed our names at his request as TIitnesses thereto in the presence of the said testator and of each other. •J illUtttmnUluraltq of Jrnunyluauia Baaqittgfon <.!!ouu1n.as:2" BE IT REMEMBERED,That upon thiS ..a?¥daY,..~.. H)..,rJ ,before me ~l:i:Il1e..s..~.~:r>.o.~.e+.a..~Register for the Probate of Wills and granting Letters of Administration within and for said county,came · ·..···· Lni~Johnston .............. ogel'K.Patton.........................",,. .......................the subscribing witnesses to the foregoing attached Will of l.tI_•Denn ..........,,--..... deceased,who,aiLer being (luly qualified according to Jaw,depose and say:ThaitP:e.y~·:!~r:.P: present at the execution of sai(l Will-saw the testat ..o.r.....sign the sm.11e-heard.bim........ publish it as and f()l'.hi.!:.last Will and Testament;that ~..at ..hi.R request,in l1J.s.. J)!'esence,and in the presence of each other,subscribed ~.J:~~ir.names thereto as witness~.13..,and at the time of the doing thereof said testat ...9.3;......was of sound,disposing mind,memory and understanding,to the best of the affiants'knowledge and belief. and Suhs('rihrc]Before Me ~.dj~«~e~i;t~r , (ltouuty of Ifa!i~illgtnu.!i!i. Register 's Of£ice ~~~!.~.~~?A.D.,19 ?.1 p,.tter "on Personally appeared ~.~.~~~.~~.•....~~~~.~..~.~~~1.~.~.~.!:~f!:..!}!'.~.?'!:.~.1.the subscribing witnesses to Codicil No __!:under date of ~~~X ~.~.~.~~~.9..-?~__"'""'".,,tothe f ore- going last will and testamrnt of ~:\:~.·1.!.f,.:?!."_ ........--.deceased, ...2t'I"t'.'date(L.l~~:::_c.~__..__..~.._19.~.:1...,and on ~.:yr:....___.solemn <?~.~.~~~did say that t"..~..'t.T.To';.T'\,-,Jn~............._~.--_w;as ·~,pl esent,and dJd sre and hear ..__..__. deceased,the testa o_!'.thercin named,sign,sral,publish and declare thr same as and for a Codicil to _.'.!}..~.1ast will and testament,and that at the doing thereoL ~l.~:_._. was of sound disposing mind,memory and understanding,to the best of the affiant's knowledge and belief. e day and year aforesaid. ..Sl1bserihed dff~tu;_ . --/Register ~:cf..(J'J E.~-/p~~~