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Home My WebLink About1104_AUSTIN_JAKE_132_961-971_09-01-1979_09-24-1979--~ Will PETITION FOR PROBATE and GRANT OF LE'ITERS Jake AustinEstateof . also known as .. 63-79-1037No.. To: Deceased. Register of Wills for the County of Washington in the Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s)is/are 18 year60f age or older and the exec~/~~named in the last will of the above decedent,dated ..~~.~.¥~.~19 !..and codicil (s)dated . (state relevant circumstances,e.g.renunciation,death of executor,etc.) Decedent was domicil~;~~tth~t~:~%~onFc;~~~:ig~lta~~~ith~a.~.~i~3~lyor principal residence at .. .........................................................................................................................................................................................................................................................................................................................................., 76 (list stgetpte¥nbe~mr:lcIPalit"9_l_79)79 R!!f~~~tf~e Me'I€1ib~1!Eftdilfto'S.ptt.8'l.,C.olt.tmbl:l8.,(}h1:o 19 at . Except as follows,decedent did not marry,was not divorced and did not have a child born or adopted after execution of the will offered for probate;was not the victim of a killing and was never adjudicated incompetent:.. Decedent at death owned property with estimated values as follows:260,000.00' (If domiciled in Pa.)All personal property $.. (If not domiciled in Pa.)Personal property in Pennsylvania $. (If not domiciled in Pa.)Personal property in County $.. Value of real estate in Pennsylvania $. situated as follows:. 'tl...:;0-;,. ~~lQ~S'Q:;'~g .. S~:;j~~~. llllQ)~tJ:l~.. WHEREFORE,petitioner(s)respectfully request(s)the probate of the last will and codicil(s)presented herewith and the grant of letters ~.~.~.~~;J;!?:~n.~~.r..y...............................................................................................................................................thereon. (testamentary;administration c.t.a.;administration d.b.n.c.t.a)First National Bank &Trust CO,:..::.~,~.~.~:~~J ~~~:..:::::::. ·~h"t:;.:..L~C~YJ..·· ·.. ................Tr.us.t Admlnls.t.r.at1.on Oi'.f.l.o.er.. OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF &Il.-.SI/...t..I.d..G.I.O.I::!...}SS --:~-!~&::::::~.,............................................................................................................................................................................................'"...(b ~............................................................................................................................,e. The petitioner(s)above-named swear(s)or affirm(s)that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner(s)and that as personal representative(s)of the above decedent petitioner(s)will well and truly adminis- ter the estate according to law. 63-79-1037No. Estate of ~rg~.~.A1J..$.t.;Ln ,Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW,..~.~p.~..~?~.'.........19 7.9 ,in consideration of the petition on the reverse side hereof,satisfactory proof having been presented before me,IT IS DEOREED that the instrument(s),dated , described therein be admitted to probate and filed of record as the last will of y..~.~A1J..$.t.;Ln .. and Letters 1'.~..~.:t.g~~.p.,:t.9.:T.Y.......................................................................... and hereby granted to F.irs..t N.at.i.o.n.al ~9.Jlk &'r.;r.Y.,.§.t.c..Qmp.gny .. ........._...~.._j -I-::-:-r.d~···£.j)··............ Probate,Letters,Etc. Short Certificates (,t)) FEES $~{)..{t....~..~ $/{)()O................. Sanford S.Finder ATTORNEY (Sup.Ct.I.D.No.) Renunciation . . . ...$.~1 ··;·d Ik:/f.();l.J::t:;Ji;:·:-:i.:'-c;oIff~~. Filed ........................................................................................................................................- ...~99.W.~.~.t.W.h~.~.ltp.,g"~~..~W.~.~.hJ.ng,t...on ADDRESS PHONE >.OJ"V/·I "00 NO!(PJ/!..J~'U~ r::...0 J ...~\.i ~.',_'.,f :t::STllIA;:iO cr·:(~I'.r.l <:~........""..J C f.4 0; CO .: "C as ~~ s::: P-.1 ..-I ~,EUd Ii..~I :II III•01 : 0 ~ "C ~:11 ~:t:+:~, 63H3'~/#l"'li f.4 s:::1 ~()1 •.1..)v.:JtJ 0 .......-I'~..-I : ~ ..........~110M 1 s:::•m:CO: as ~:"C: "t:i 01 ~:co: Q);f.4 i ......co~Ii.;l=:~~:,l-<.. 0.:as, ~:.....en0l-<<I,)0Q)......................l=:~<l)~~~ 63-79-1037 1&egistet nf III ills nf III as4ingtnn <!tnuntu Oath of Subscribing Witness ....~~~.~~..~~?Y~E7~.~~..~..~~.~~.~~..q~~~~l'. ~ (each)a subscribing witness to the will presented herewith,(each)being duly qualified according to law,depose(s)and say(s)that they present and saw ..Jake..A.ustin..0 0 o..0 o.. o0 •••0 0 ••0 • 0 0 0 • 0 0 ••0 ,the testat...Qr ,sign the same and that :t;l;1~y signed as a witness at the request of testatQ~. . ...in h 0 oj,.~..presence and (in the presence of each other)(in the presence of the other subscribing witness(es»o Sworn to or affirmed and subscribed .24thbeforemethis.0 • 0 0 ••0 •••0 0 0 o.day of o..o~~p~~~(~~~..0 ••••0 • •••19.7.9. ;iO"..~....If~.~Regisler~ ""'~~""""(Name) (Address) \~~/7/)............................ (Name) (Address) , I • LAST WILL AND TESTAMENT OF JAKE AUSTIN I,JAKE AUSTIN,of Fredericktown,Washington County,Pennsylvania, declare this to be my last will and revoke any will previously made by me.- Item I:I direct that all my just debts and funeral expenses shall I'~ I +•¥•I~ "• I,.~ , I~~ , 1\ I~ be paid from my residuary estate,as soon as practicable after my decease, as ~part of the.expense of the administration of my estate. Item II:I bequeath my automobiles and personal effects,such .• household goods if any as may be my individual property and not the property of my wife or owned jointly by me with her and other tangible personalty of like nature (not including cash or securities),together with any existing insurance thereon,to my wife,Fannie Austin,if she survives me by thirty days.Should my wife,Fannie Austin,not be living on the thirty-first day after my death,I bequeath such tangible person- alty and insurance thereon to my issue,per stirpes,living on the thirty-first day after my death,to be divided among them by my corporate executor with due regard for their personal preferences in as nearly equal shares as practical. Item III:If my wife,Fannie Austin,survives me,and I direct that for the purpose of this Item III of my will she shall be deemed to have survived me unless it appears unmistakably that she predeceased me, I devise and bequeath to my trustee hereinafter named,in trust,a fractional share of my residuary estate computed as follows: A.The numerator of the fraction shall be the difference between the maximum marital deduction allowable in determining the federal estate tax on my estate and the value of all other property includable in my gross estate which qualifies for such marital deduction which my wife has received prior to my death or at my death will receive otherwise than pursuant ~o this Item III,including property held by entireties. -1- ~p' -2- the amount of federal and state death taxes which her estate will have to ....' B.The denominator of the fraction shall be the value of my• I Item IV:I devise and bequeath the residue of my estate of every and any such amounts certified by said personal representative as necessary Such amounts shall be paid to the personal representative of her estate expenses of my wife,in the event her personal estate is insufficient. established in this Item III of my will,the last illness and funeral for these purposes shall be deemed to be conclusive by the trustee. nature and wherever situate,including property over which I shall have pay to the personal representative of my wife's estate an amount equal to under Item IV hereof,provided that the trustee shall first deduct and E.My wife,Fannie Austin,shall be paid the entire income preceding paragraph F,the unappointed principal shall be added to,and for tax purposes.In addition the trustee shall pay from the trust H.If my wife,Fannie Austin,shall fail,either wholly or in ,, pay because of the inclusion of the principal of this trust in her estate G.As much of the principal of this trust as my corporate thereafter treated as part of,the principal of my residuary estate passing D.Either cash or investments or both may be allocated to the F.My wife,Fannie Austin,is hereby given a power to appoint C.No property ineligible for the marital deduction,or any her or else applied directly for her benefit by my corporate trustee. part,~o exercise effectively the power of appointment created in the ~~ trustee may from time to time think advisable for the welfare,comfort and support of my wife or during illness or emergency shall be either paid to by will to her estate or to others,in such manner and for such estates as in all eve~ts over the principal of this trust. she may appoint,exercisable only by specific reference by her alone and gift under this Item III. convenient,but at least as often as quarter-annually. from the principal in such periodic installments as my trustee shall find Austin,pursuant to this Item III. similar benefit,shall be distributed to this trust for my wife,Fannie residuary estate. t .• I " .. any power of appointment,to my trustee hereinafter named,in trust,for the following uses and purposes: A.To pay the net income therefrom to my wife,Fannie Austin, for.and during the term of her natural life. B.As much of the principal of this trust as my corporate trustee may from time to time think advisable for the maintenance and support of my wife or children or during illness or emergency,shall be either paid to her or them or else applied directly for her or their benefit by my corporate trustee;provided,however,that no principal of the trust under this Item IV shall be paid to my wife or applied for her benefit a~long as any principal remains in the trust created under Item III hereof. c.My corporate trustee may apply the net income of this trust for the maintenance and support of my wife,Fannie Austin,should she by reason of age,illness,or any other cause,in the opinion of my corporate trustee be incapable of disbursing it. D.Upon the death of my wife,or upon my death in the event she shall have predeceased me,the then remaining.principal shall be divided into as many equal shares as there are children of mine who are living at my death or who have predeceased me leaving issue living at my death.One such share shall be paid over to each of my children who is then living and one such share shall be paid over to the issue,per stirpes,of each child of mine who shall have predeceased me leaving issue at my death. E.In addition to the above provisions,my wife shall have the power to direct the trustee to pay to her or to apply out of princi- pal in each calendar year including the year of my death an amount not in excess of the greater of Fiye Thousand ($5,000)D~llars or five percent (5%)of the value of the principal at the end of such year.This power is noncumulative and can be exercised only by an instrument in writing signed by my wife and delivered to the trustee. Item V:No interest of any benef~ciary in the corpus or income of my estate or of any trust created hereunder shall be subject to assign- ment,alienation,pledge,attachment or claims of creditors of such -3- " .. . beneficiary and may not otherwise be voluntarily or involuntarily alien- ated or encumbered by such beneficiary,except as may be otherwise expressly provided herein. Item VI: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,shall be considered a part of the expense of the administration of my estate and shall be paid out of the principal allocable to the residuary trust created in Item IV hereof without apportionment or right of reimbursement.All such taxes on present or future interests shall be paid at such time or times as my executors or my trustees may think proper,regardless of whether such taxes are then due,provided that any postponed taxes on future interests in the residuary trust shall be charged against the principal of the particular share with respect to which the taxes are imposed. Item VII:My personal representative and trustee shall have the following powers in addition to those vested in them by law and by other provisions of my will,applicable to all property,whether principal or income,exercisable without court approval,and effective until actual distribution of all property: <'A.To retain any or all of the assets of my estate,real or personal,including any shares of stock or other securities I may own of the corporate fiduciary or its successor,or of a holding co~any con- ~trolling the corporate fiduciary or its successor,without restriction to investments authorized for Pennsylvania fiduciaries,as they deem proper, ~{'wit-hout regard to any principle of diversification or risk.,- .,I,.B.To invest in all forms of property (including stock or other securities of the corporate fiduciary or its successor,or of a holding ~~.company controlling the corporate fiduciary or its successor,and common trust funds and mortgage investment funds whether maintained by my cor- porate fiduciary or its successor or others),wit~out restriction to investments authorized for Pennsylvania fiduciaries,as they deem proper, without regard to any principle of diversification or risk. -4- -.- C.To sell at public or private sale,to exchange or to lease, for any period of time,any real or personal property and to give options for sales,exchanges or leases,for such prices and upon such terms or conditions as they deem proper. D.To allocate receipts and expenses to principal or income or partly to each as my corporate trustee from time to time thinks proper in its sole discretion,but in no event shall the income of the marital deduc- tion trust be reduced by the exercise of this power. E.To borrow money from any person or institution including my corporate executor-trustee and to mortgage or pledge any or all real or , .personal property as my executors or trustees in their sole discretion.. shall choose,without regard for the dispositive provisions of this instrument except that no property passing to the marital deduction trust shall be so mortgaged or pledged. F.To compromise any claim or controversy. "G.To exercise any option,right or privilege granted in in- surance policies or in other investments. H.To assent to,join in,or vote in favor of any merger, reorganization,voting trust plan,or similar action and to delegate dis- ,"cretionary duties with respect thereto. I.To join with my wife,Fannie Austin,or her personal repre- sentative in filing a joint income tax return without requiring her or her estate to indemnify my estate against liability for the tax attributable to her income and to consent to any gifts made by my wife during my lifetime being treated as having been made one-half by me for purposes of the federal gift tax law. J.To exercise any law-given option to treat administrative expenses either as income-tax or as estate-tax deductions,without regard to whether the expenses were paid from principal or income,without regard to whether the size of the marital deduction trust created in Item IV hereof will be increased thereby,and without requiring reimburse- ment,provided,however,that decisions under this paragraph shall be exercised only by my corporate personal representative. K.To choose the optional valuation date for federal estate tax purposes,without regard to whether the size of the marital deduction trust created in Item IV hereof will be increased or decreased thereby, -5- . " J,.. and without requiring reimbursement,provided,however,that decisions under this paragraph shall be exercised only by my corporate personal representative. L.To exercise any law-given option to pay death taxes in in- stallments,the payment of interest due on such installments to be a charge against principal,provided that decisions under this paragraph shall be exercised only by my corporate personal representative or corporate trustee. M.Should the principal of any trust herein provided for be or become too small,in trustee's discretion,so as to make establishment or continuance of the trust inadvisable,trustee or my personal representa- tive may make immediate distribution of the then remaining principal and any accumulated or undistributed income outright to the person or persons and in the proportions they are then entitled to income.Upon such termination the rights of all persons who might otherwise have an interest as succeeding life tenant or in remainder shall cease. Item VIII:I appoint First Nat~onal Bank &Trust Co.of Washington, Pennsylvania,executor of this my last will. Item IX:I appoint First National Bank &Trust Co.of Washington, Pennsylvania,trustee of the trusts created by this my last will. Item X:I direct that my personal representative and trustee,as well as their successors,shall not be required to give bond for the faithful performance of their duties i~any jurisdiction. IN WITNESS WHEREOF,I have hereunto set my hand this ~~~,~,~/~/_ 0>'., day of --..;.1)r[r-H.....l1=-=1~...,...,'1976. -6- .'. ,• .,. J " ., The preceding instrument,consisting of this and .six~,other type- written pages,was on the date thereof signed,published and declared by the testator therein named,as and for his last will,in the presence of us,who at his request,in his presence,and in the presence of each other,have subscribed our names as witnesses hereto. -~...J4==='='~~=~l:::..:'==(./...:-.''_--:Residing at ~~~ Witness Address I ~o@~/ -K~t!~J Residing at~ Witness Address L~' ,\. •" ,, !<\' .' .2.3S 4 N" _;vf<_,-.:..P..::::..'~_.I....::~:::;..''~_'----:Residing at.--:...;~~~_-..;;;...-.,;:~·.L..;~=-._ ..~Witness Addresl' ., ..'.' -7- ,,"'