HomeMy WebLinkAbout1109_ALLISON_MARY_133_823-836_12-14-1979_12-20-1979Will
To:
PETITION FOR PROBATE and GRANT OF LETTERS
NO......b..s..~.1...?.-j3 7fEstateof~~.~B.X J1.9.GbB.~.~.*"bJ.,.~J..$.QN .
MARY M.ALLISONalsoknaumas .
Register of Wills for the
County of Washington in the
Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioneNiJ:t.t£~~~r-~M"~e1''1lM1the executo.r.named in the last will of the above decedent,dated
..........bp;r.::.i.o..+-:J....J 197..7..and codicil (s)dated ..
(state relevant circumstances,e.g.renunciation,death of executor,etc.)
Decedent was domiciled at death in Washington County,Pennsylvania,with her last family or principal residence at ..
........}}.?~.9.:.?..t.~y.h.~.~.~.~ng $.:t::..;:.§.~.t..f...W~.§..h.~.n.g.t.9..n..f.P..A J.:?..J'O..l ..(list street,number and municipality)
Decedent,then ?..~..years of age,died ?~}..9.~..~~1..~P.~.~.~.~?..~E ~.~..r.19 ?..~at .
.........3..3..5 E.as.t Whe.el.in.g S.tr.ee.t.,Washingt.on.1 PA 1S.3,.Q.l ..
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:
Value of real estate in Pennsylvania
(If domiciled in Pa.)
(If not domiciled in Pa.)
(If not domiciled in Pa.)
All personal property
Personal property in Pennsylvania
Personal property in County
$g.~.9..~.t..~.;:.~A!.?:.~.9 .
$..
$..
$J~~?.~.~..
situated as follows:..
WHEREFORE,petitioner(s)respectfully request(s)the probate of the last will and codicil(s)presented herewith and the grant oftestamentarylettersthereon."-~27f~~~,..!!,..('~:=::~:'::~=;:':':_::':::'•.~::~;~~~~"~::~-~-:':)::--:-~--~---:---:~l:::::~y ::.:::./~:::'::..:::.':::::::::.............................................................................~5~4~m Ho~eva ,40 South Main Street!~~..· ·..· ·A's·s'i·s·t'ii'rit'·..·V'i'c·e ·P·re·s·lci'en't.......................·Wa·s·i1'i'iig't·on..;PA···'I!5':3·oi · · · · .
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PEN SYLVANIA
COUNTY OF Y.'!.~.$.HJ.NG..±.QN...}SS
No....bJ.:..79-/31tf
Estate of ~~~.l:<:~~.?.~~.l:<:~.!:'~~.~!:'E~.9..~.L ~!.~!.':1 ~I.~~.X ~.~~.J:..!:'.~.~.9..~,Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW,De.c.emb.er...d.Q 19 ..7..~,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 bp:r..t...:I:J.:.J :I:.~..7..7 ,
described therein be admitted to probate and filed of record as the last will of J~~X ~~.~.~:?\J3.I3.J?:J:,.J:.~.:J:,:J:,.!.~.9..~L ~/.~/.~.
........MARY ..l':1.•.....ALLIS.QN...
and Letters '!'.~.~.t..~~~~.~~E.Y..
and hereby granted to .J~.~.~~.QN f?hN.K N..~..A..~.
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egister of Wills /1-0'1 .
FEES
Probate,Letters,Etc..
Short Certificates (6)
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Renunciation $
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Filed ~~2...~./..9...7f .
WILLIAH T.ALLISON,JR.~·#23369
JONATHAN ALLISON -#05426..........................................................................................................................................................
ATTORNEY (Sup.Ct.I.D.No.)
438 Washington Trust Building
..Nashingt.on..,PA l.5.3.0.1 .
ADDRESS
(412)225..,..5010................................................................................._.
PHONE
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Oath of Subscribing Witness
.....................;J:9ni?J4M.~~.tp.9P:.M9...r:'lP?•..r:r.~ry.~~:q q~.~.
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(each)a subscribing witness to the will presented herewith,(each)being duly qualified according to
law,depose(s)and say(s)that thE?Y..'¥l.~:r.~present and saw ..M/?r.Y.Mc;.G/?~:r~~)·..M+;ison
Allison
~.q .Mary.M•..f ...,the testat.:r;i,4...,sign the same and that .....thE?y.....signed as a witness at the
request of testatr:':J-X....in h~;r:'...presence and (in the presence of each other)(in the presence of the
other subscribing witness(es».
Sworn to or affirmed and subscribed
before me this 20th..day of
......I?~.q~ml;>~:r 19.79.
.........~.~,~";;,
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(Name)1//.'f.Y~,;.r~.
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JA 3/24/77
****WILL ****
I,MARY McCARRELL ALLISON,of the Borough of East
Washington,Washington County,Pennsylvania,do make this my
Will,hereby revoking any and all Wills at any time heretofore
made by me.
FIRST:I direct that the expenses of my last illness
and funeral be paid out of my estate as soon as may be convenient
after my death.
SECOND:I give my tangible personal property to my
husband,WILLIAM T.ALLISON,if he survives me for a period of
sixty (60)days.If he does not so survive me,I give said
property to my children,WILLIAM T.ALLISON,JR.,JANE ALLISON
and ROBERT McCARRELL ALLISON,or such of them as survive both
my husband and me,in such shares as they may determine.
THIRD:If my husband,WILLIAM T.ALLISON,survives
me for a period of six (6)months,I give to MELLON BANK,N.A.,
to hold IN TRUST as
FUND A
such amount in cash or in kind as,when added to all items in my
gross estate passing to my husband otherwise than under this Article
of my Will and qualifying for the marital deduction,will reduce
my Federal estate taxes to the greatest extent possible.This
bequest may be satisfied in whole or in part with the proceeds
of insurance on my life paid to the Trustee,or my Executor may
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allocate assets hereto in kind at their values as finally deter~
mined for Federal estate tax purposes in my estate,selecting them
in such manner that the total property,including cash,allocated
to Fund A will have an aggregate market value fairly representative
of the net appreciation or depreciation,to the date or dates of
distribution,in the market value of all property available for
such purpose.There shall be excluded from Fund A any property
or the proceeds of any property which does not qualify for the
marital deduction and,insofar as possible,any property as to
which a foreign death tax credit is available.
(A)The Trustee shall invest and reinvest Fund A
and shall distribute the net income (hereinafter called "Income")
and principal as follows:
(1)During the lifetime of my husband,WILLIAM
T.ALLISON,the Trustee shall pay the Income quarter-annually to
him or for his benefit and shall also pay to him so much or all
of the principal as'he may direct in writing.If the Trustee
considers the Income to be insufficient to provide for his wel-
fare and comfortable support,the Trustee is authorized in its
discretion to use such sums from principal as it deems advisable
therefor.
(2)Upon my husband's death,the remaining princi-
pal and any accrued or undistributed Income shall be transferred
and delivered to or for the benefit of such one or more persons,
corporations or other organizations,including his own estate and
his creditors,in such amounts and subject to such trusts,terms
and conditions as he may appoint by specific reference to this
power in his Will.If he does not exercise this power in full,
the unappointed principal and Income shall be added to Fund B,
hereinafter created,and shall be held or distributed as if I
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'..'
had died at that time.
(B)The right of my husband to the Income shall not be
subject to assignment,alienation,pledge,attachment or claims
of creditors.
FOURTH:All the residue of my estate I give to MELLON
BANK,N.A.,to hold IN TRUST as
FUND B
together with any proceeds of insurance on my life not allocated
to Fund A.
(A)The Trustee shall invest and reinvest Fund Band
shall distribute the Income and principal as follows:
(1)During the lifetime of my husband,WILLIAM
T.ALLISON,if he survives me,the Trustee shall pay the Income
quarter.annually to him or for his benefit,and if the Trustee
considers the Income to be insufficient,in view of other income
of which it has knowledge and the principal remaining in Fund A,
to provide for his welfare and comfortable support,the Trustee
is authorized in its discretion to use such sums from principal
as it deems advis-able therefor.In the event of any serious
illness,accident or other emergency affecting any of my children
or their families,including the educational expenses of my grand.
children,the Trustee is authorized in its discretion to use such
sums from principal as it deems advisable to assist them,but shall
consult first with my husband,if he is available.
(2)Upon the death of my husband,if he survives
me,the principal shall be transferred and delivered to or for the
benefit of such one or more of my descendants and their spouses,in
such shares and subject to such trusts,terms and conditions as my
husband may appoint by specific reference to this power in his Will.
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"
(3)If my husband is not living at my death,or
in the event of his death thereafter without exercising his power of
appointment in full,the unappointed principal shall be divided
into three equal shares for my children,WILLIAM T.ALLISON,JR.,
JANE ALLISON and ROBERT McCARRELL ALLISON,and each share shall
be held as a separate trust or,in the case of a deceased child
shall be distributed as is hereinafter set forth;PROVIDED,however,
that the Trustee is authorized in its discretion to combine any
such trust with any similar trust created oy my husband.
(a)During the lifetime of each child,the
Trustee shall pay the Income from his or her trust quarter-annually
to or for the benefit of my said child,and if the Trustee considers
the Income to be insufficient,in view of other income of which it
has knowledge,to provide for the welfare and comfortable support
of my said child and his or her family,including educational and
funeral expenses,the Trustee is authorized in its discretion to
use such sums from principal as it deems advisable therefor;PRO-
VIDED,however,that my said child shall have the right at any time
to withdraw any or all of the principal.
(b)Upon the death of each child,if his
or her trust has not already terminated,or upon the division into
shares under this subparagraph (3)in the case of any child who is
not then living,the principal of my said child's share shall be
transferred and delivered to or for the benefit of such one or
more persons,corporations or other organizations,in such shares
and subject to such trusts,terms and conditions as my said child
may appoint by specific reference to this power in his or her Will;
PROVIDED,however,that any amount which was not subject to my said
child's power of withdrawal immediately prior to his or her death may
only be appointed in favor of one or more of his or her descendants.
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If my said child does·not exercise this power of appointment in full,
the unappointed principal shall be transferred and delivered to his
or her then living issue per stirpes;PROVIDED,however,that the
share of any grandchild of mine under the age of twenty~one (21)
years shall be retained in a separate trust as follows:
(i)Until my said grandchild's twenty·
first (21st)birthday,the Trustee shall pay to him or her or expend
for his or her benefit or may pay to the person having custody of
him or her,without liability on the part of the Trustee to see to
the application thereof,so much of the Income and principal as the
Trustee deems advisable for my said grandchild's welfare,comfort-
able support and education,in view of other income of which it has
knowledge,and shall add any excess Income to principal and invest
it as·such.
(ii)Upon my said grandchild's twenty·
first (21st)birthday,the trust shall terminate,and the principal
shall be transferred and delivered to him or her free of trust.In
the event of his or her prior death,the principal shall be distri-
buted as my said grandchild may appoint by specific reference in
his or her Will;any unappointed principal shall be transferred and
delivered to my said grandchild's surviving children equally or,if
he or she has none,to my said child's then living issue per stirpes,
the share of any grandchild of mine also under such age to be added
to his or her separate trust hereunder.
(c)Should anyone of my children have no
issue living at the death of the survivor of my said child,his or
her children,if any,my husband and me,any remaining unappointed
portion of my said child's share shall be added equally to the
shares of my other two children or to the share of whichever of
them is either then living or deceased with issue then living and
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shall be held or distributed as if the latter shares or share
were being set apart at that time.If all three of my children
are then deceased without issue,any remaining unappointed prin~
cipal shall be transferred and delivered to those persons who
would have been entitled thereto if my husband and I had each
owned one~half (1/2)thereof and we had Doth died at that time
intestate,unmarried and domiciled in Pennsylvania.
(4)For the purposes of these trusts,adopted
children shall be considered the natural children of the adopting
parents,regardless of the date of adoption.
(B)If any remainderman under the foregoing pro-
visions is a minor and is entitled to a share in excess of the
amount which may be paid to his or her natural guardian,such
share shall be retained by the Trustee in a separate trust until
the eighteenth (18th)birthday of said remainderman,at which
time the trust shall terminate and the principal shall be trans.
ferred and delivered to him or her free of trust.During such
minority period,the Trustee shall pay to the person having cus~
tody of said remainderman,without liability on the part of the
Trustee to see to the application thereof,or may expend directly
so much of the Income and principal as it deems advisable for the
welfare,comfortable support and education of said remainderman
and shall add any excess Income to principal and invest it as
such.In the event of the death of said remainderman during mi-
nority,the Trustee is authorized in its discretion to pay part
or all of the funeral expenses,and the remaining principal shall
be transferred and delivered to said remainderman's heirs.
(C)The interest of any beneficiary hereunder,in-
cluding a remainderman,in Income or principal,shall not be
subject to assignment,alienation,pledge,attachment or claims
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of creditors until after payment has actually been made by the
Trustee as hereinbefore provided.
(D)Upon the death of any Income beneficiary,any
Income accrued or received by the Trustee subsequent to the last
Income payment date shall be paid to the person or persons for
whose benefit the principal producing such Income is continued
in trust or to whom such principal is distributed under the terms
hereof.
(E)Corporate distributions received in shares of
the distributing corporation shall be allocated to principal,
regardless of the number of shares and however described or
designated by the distributing corporation.
FIFTH:(A)The Trustee hereunder shall have the
following powers,in addition to and not in limitation of those
granted by law:to accept assets in kind in distribution from
my estate;to collect proceeds of insurance on my life and to
use such proceeds to purchase assets from my estate;to retain
assets in kind,including MELLON NATIONAL CORPORATION stock,or
to sell the same and to invest and reinvest the proceeds and any
other cash in any kind of property,real or personal,or part
interest therein,without being restricted to investments which
are listed as legal for trust funds;to pledge,exchange or mort-
gage real or personal property and to lease the same for terms
exceeding five (5)years;to give options for sales,leases and
exchanges;to borrow money;to compromise claims;to vote shares
of corporate stock,in person or by proxy,in favor of or against
management proposals,except that the Trustee shall vote MELLON
NATIONAL CORPORATION stock only as directed by a competent adult
Income beneficiary of the trust in which said shares are held;to
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carry securities in the name of a nominee;to make division or
distribution hereunder either in cash or in kind;and to allot
different kinds of or interests in property to different shares;
PROVIDED,however,that the Trustee shall have no power the pos-
session of which would disqualify Fund A for the purposes of the
marital deduction under the Federal estate tax laws.Any pro-
ceeds of insurance on my life which are payable to the Trustee
without designating the particular trust shall be divided by the
Trustee between Fund A and Fund B in such shares as it sees fit,
except that sufficient amounts shall be allocated to Fund A to
enable my estate to take full advantage of the marital deduction
under the Federal estate tax laws.
(B)The Trustee may resign at any time,without
stating cause,by petitioning a court of competent jurisdiction
to designate and appoint a successor corporate Trustee.In case
of the merger or consolidation of the Trustee,the resultant com-
pany shall become successor Trustee hereunder without notice to
any party.
(C)The Trustee shall be entitled to receive annual
compensation for its services hereunder in accordance with its
schedule in effect when the services are performed,but not in
excess of such compensation as would be approved by a court of
competent jurisdiction.
SIXTH:I appoint MELLON BANK,N.A.,Executor of this
my Will,giving to my Executor the same powers as are hereinbefore
given to my Trustee,including the right to distribute my securi-
ties or other property in kind.
No bond shall be required of any fiduciary hereunder
in any jurisdiction.
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SEVENTH:I direct my Executor to claim any expenses
of administration of my estate as income tax deductions upon an
income tax return or returns whenever in its sole judgment such
action will achieve an overall reduction in the total income and
death taxes.No compensating adjustments between income and prin-
cipal shall be made as a result of such action.I also authorize
my Executor to-join with my husband or his personal representative
in the filing of a joint income tax return for any period for which
such a return may be permitted,without requiring him or his estate
to indemnify my estate against liability for the tax attributable
to his income,and to consent,for Federal gift tax purposes,to
having gifts made oy my husband during my lifetime treated as having
been made half by me.
EIGHTH:I appoint MELLON BANK,N.A.,guardian of the
estate of any minor receiving any sums of money,real property
or other intangible personal property free of trust by reason of
my death,if such property is in excess of the amount which may
be paid to the natural guardian;and I authorize said guardian,
in its sole discretion and without order of court,to retain
such property in kind or to sell the same,giving good title to
any real estate,to invest and reinvest without being limited to
"legal"investments and to use both income and principal for the
minor's welfare,comfortable support and education,including
college expenses.
NINTH:I direct that all estate,inheritance and
other taxes in the nature thereof,together with any interest
and penalties thereon,becoming payable because of my death with
respect to the property constituting my gross estate for death
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tax purposes,whether or not such property passes under this Will,
shall be paid from the principal of my residuary estate;and no
person receiving or having a beneficial interest in any such
property,whether under this Will or otherwise,shall at any
time be required to contribute to or refund any part thereof.
At any time prior to the vesting of a future interest in pos-
session and enjoyment,my Executor or the Trustee to whom my
residuary estate has been distributed shall have the discretion
to elect to prepay all or any part of the death taxes thereon,
and such election shall be binding upon all parties in interest.
IN WITNESS WHEREOF,I have hereunto set my hand and
seal this p:-if:day of ~r.:v,lQ..19~.
&7l.cGW..ffft.II;~(SEAL)
Signed,s-ea1ed,published and declared by MARY McCARRELL
ALLISON,the Testatrix above named,as and for her Will in the
presence of us,who,at her request,in her presence and in the
presence of each other,have hereunto subscribed our names as
witnesses hereto.
Address:--,--...,....--------..,.------.....,.--
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