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Home My WebLink About1112_AUSTIN_FANNIE_134_1090_02-25-1980_04-04-1980C7 ~~~~C>c::,-.C7 ~,C ......... ~\~~\-C'Jl~~~~.........\J")_V)..............::\~'--~C~........... C>~'-Q, ~-'--p loooL/Lj-doc. e;C Will e e PETITION FOR PROBATE and GRANT OF LETIERS Estate of X.~~g.:i:.~A~.:?.~.:i:~. also knoum all . ................................................................................................................................................................................................, Social Security No 1.9..3.:::-.3..8.:::-.4.4.0.4 .. Decealled. N0...9..3.::::.$.Q.::.2..26 To:Kathleen Flynn Reda 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 years of age or older and the execut...9..:;-named in the last will of the above decedent,dated June 22 76..N/A..........................................................................19 and codIcIl (s)dated .. (state relevant circumstances,e.g.renunciation,death of executor,etc.) Decedent was domiciled at death in Washington County,Pennsylvania,with h ~.;:last family or principal residence at . ...........f.r..QP...t S.t.:re.e.t.".:6.Qx 3.6.8 .Fr.e.de.ricktOY.ffi .P.enns.y.l:v.ania 15333 . (list street,number and municipality) Decedent,then .7.2 years of age,died f.gJ;tPJ.~.I.y.f.?.,19 ~.Q at b.g.r.. ...........4.~ggh.t.gI ..~§h.Q~J:Jg,.l..5..9.4 C~u::.d.i.f.f RQ9.-.d Co.l.umb.u.s 'ohi.Q . 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 ...NJ.A ..probate;was not the victim of a killing and was never adjudicated incompetent: Decedent at death owned property with estimated values as follows: (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 $?.Q.Q."..Q.Q.Q.!!..QQ .. $. $.. Value of real estate in Pennsylvania $.. .House and lot located on Front Street,Fredericktown,Pa.as recordedsItuatedasfollows:.. .........................................................:i:~g.~.~.~E9:~E.~.~.9..~.rt.£.~."~~.~.h.~~g~.9.~g.9.~.~.!;,y.,~.~.~..L . ...................................................P..~~.g ~9..Q.~yQ.l.gID:~9..9..Q..,.:P.!;lg~f.4..9...,.. WHEREFORE,petitioner(s)respectfully request(s)the probate of the last will and codicil(s)presented herewith and the grant of letters ~.~.~.t.?~~.n.1;:.9.-.Iy................................................................................................................................................................................................................thereon. (testamentary;administration c.t.a.;administration d.b.n.c.t.a) .......¥.,t..I..!?.t.N.9.-.t.:LQ.llal B.ank.&'Ir.us..t Co . §'6~\:'l.~.~1:t.~~.~~.?~.?.....~.~.Il:~~.Y..!y.~~.~~.'-.....?..Q.Q ¥..~.?..~~.~.~.~..~Ef ~.~F~~.~.1.~?~.h.~P.zf;g.~9..~.,.....r..~gg~y:1.y..?.p.J.?±:?.J.Q.J.... ii~·B·~·~·~I!4f.'..~..~. ._~~.a?!...:::).~Cy thia D.Loug y /........··Trusr..Adi'iiiIiTs·Ua::E'iou Off·iC'er · . OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF w.?.~.h.!gg~9.I!-....}SS 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.First National Bank &Trust Co., .......W.~.~.h.!ggt..Qg,r.gnp.§yJ.Y.~P..j..~..":~o'n~~~E:~~~':~~;~~~_~::-:"::::J ~RegzsteT.e-Trust Adr.Jip.istration Officer ~/?7 ... No.63-80-226.............................. Estate of f<:t.~~~.~A~.~.~.~~,Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW,4 ,Mar.ch 198.0 ,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 ~':l:f.l.~??L..!.?...?..~, described therein be admitted to probate and filed of record as the last will of ~~f.l?.~~~~.~.~..~.~.. and Letters ::r..~.!?.t..~IJ?:~P:.1;.9:.!:y . b First National Bank &Trust Co.,Washington,Pennsylvaniaandhereygrantedto .. --~~~_&/~C- FEES Probate,Letters,Etc. Short Certificates (b) $.........;(t!..g.QP........ $5:..C?...Q .. Sanford S.Finder -I.D.No.05450... ATTORNEY (Sup.Ct.LD.No.) Renunciation $::::::=. ~£'1-p.9:;. ...$~.9 TOTAL .f?d..$d.q})\f!Q.. Filed &/-1::..9... ..--..??....~~.~.~.....~~.~.~~.~.~....~.~.~.~.~.~..~.....~~~?..~.~.~.~.??.~.....~~.~.. ADDRESS ..??..~::J.~.~.Q .. PHONE C"') C"') C"') If) M ell.,-l.ell::;>,~:',-l::., ell:-I-J ~;;E;>1 00 ell:0 :0M:ci ::3 ;>,<SJ ~%\J ,:t:: >-.1 .....$-l M:Q);<: 00,~>-.l ~$-l:~:C/),.,-l'~:«l ~,--\'0 ::3,Q),~,cr:p..:~Q),~\~~00, Z ~~~p·d ~1 ~H ~j P=l .-.:>--\~""e.~al ~,~~\~$-l'II ~(/)0:M 0:~.~Q)'~gj -I-J:ell -I-J:'0:.....<t:8 ~,~00:~;.....0:0 ~:~.,-l,.....,•~0 .,-l :.,-l .,-l:~~jH$-l:-I-J .c1zQ):ell 00:.:~'0;.-0 z m;(/), Q)::=::.y~$-l;Cl)-I-J '01~l 1::00 CJ\:$-l, c<$$-l .:0:;....,-l 01 ~,d ~~~,....'"ell:0 ;...(/)1Cl)Cl)0....................~C<l Cl)...:l ...:l ::>e ~ /000 £/1/-d.M!- U\egister af mills af m us4ingtan <ltauntu Oath of Subscribing Witness 63-80-226 ...............Y!.·..~.~?x?-..C!~.~~.~~..~~~..~~~~~.~~..~~~~~~~.~, :>D:lmnc (each)a subscribing witness to the will presented herewith,(each)being duly qualified according to th ~.A t·law,depose(s)and say(s)that...ey.wer.e present and saw ·.?n:[J·;L.e \l.Ei.))). h rix .h d h each .d . h...................., t e testat.,sign t e same an t at u •••••••slgne as a witness at t e request of testat.:r:-:tx:...in h.~.~..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 4........day of ....Mar.ch 19.$,Q .~7--~.~~# ~e Register ~~ ....9 ..)f.P-~JuL ."~'/'(Name) 2.3.5.~.~;,..~.4.../~'-f/7 (Address)~--{~W~..... (Na e)JH.frl"~~~jg!.I~~3'J (Address) ..!\..' -.. .. LAST WILL AND TESTAMENT '.OF FANNIE AUSTIN I,FANNIE 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 be paid from my residuary estate,as soon as practicable after my decease, as a part of the expense of the administration of my estate. Item II:I bequeath my autommbiles and personal effects,such house- hold goods if any as may be my individual property and not the property of my husband or owned jointly by me with him and other tangible personalty of like nature (not including cash or securities),together with any existing insurance thereon,to my husband,'Jake Austin,if he survives me by thirty days.Should my husband,Jake Austin,not be living on the thirty-first day after my death,I bequeath such tangible personalty 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 practi- cal. Item III:If my husband,Jake Austin,survives me,and I direct that for the purpose of this Item III of my will he shall be deemed to have pre- deceased me unless it appears unmistakably that he survived me, I devise and bequeath the residue of my estate of every nature and wherever situate to my trustee hereinafter named,in trust,for the following uses and pur- poses: A.To pay the net income therefrom to my husband for and during the term of his natural life. B.As much of the principal of this trust as my trustee may from time to time think advisable for the maintenance and support of my ."" husband or children or during illness or emergency,shall be either paid to him or.them or else applied directly for his or their benefit by my •trustee.In making such invasion of principal for the benefit of my f •• -1-.' -I~ ." .'.. -. husband and children,my trustee shall take into consideration all other resources of my said beneficiaries and all of their other sources of income. C.My trustee may apply the net income of this trust for the maintenance and support of my husband should he by reason of age,illness, or any'other cause,in the opinion of the trustee,be incapable of dis- bursing it. D.Upon the death of my husband,or upon my death if he shall have predeceased me,the then remaining principal shall be divided into as ma~y equal shares as there ate 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 or mine who shall have predeceased me leaving issue at my death. Item IV:No interest of any beneficiary in the corpus of income of my estate or of any trust created hereunder shall be subject to assignment,alienation,pledge,attachment or claims of creditors of such 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 V: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 ~nd shall be paid out of the principal allocable to the residuary trust created in Item III lIe eof without apport'ionment 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 futuEe interests in the residuary trust shall be charged against the principal Q£the particular share with respect to which the taxes are imposed. Item VI: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 -2- ....-•~.. ,. 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 company con- trolling the corporate fiduciary or its successor,without restriction to investments authorized for Pennsylvania fiduciaries,as they deem proper, without regard to any principle of diversification or risk. 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),without restriction to investments authorized for Pennsylvania fiduciaries,as they deem proper, without regard to any principle of diversification or risk. 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 f 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. -3- •.. I.To join with my husband,Jake Austin,or his personal repre- sentative in filing a joint income tax return without requiring his or his ,• estate to indemnify my estate against liability for the tax attributable to his income and to consent to any gifts made by my husband during my lifetime being treated as having been made one-half by,me for purposes of the feqeral gift tax law. J.To exercise any law-given option to treat administrative •J ~, expenses either as income-tax or as estate-tax deductions,without regard to whether the expenses weee paid from principal or income,without regard to whether the size of the marital deduction trust created in Item III hereof will be increased thereby,and without requiring reimbursement, 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 esta~ tax purposes. L.To exercise any law-given option to pay death taxes in in- 3tallments,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 p~rsonal representative or corporate ~rustee. 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 representative may make immediate distribution of the then remaining principal and any accumulated or undistributed income outright to the person or persons and i~the proportions they are then entitled to income.Upon such termination tr.e rights of all persons who might otherwise have an interest as succeeding l~fe tenant or in remainder shall cease. Item VII:I appoint First National Bank &Trust Co.of Washington, Pe~nsylvania,executor of this my last will. Item VIII:I appoint First National Bank &Trust 00.of Washington, PeLnsylvania,trustee of the trusts created by this my last will. , \. -4- .....,.•• ~..'...... ·i Item IX:I direct that my personal representative and trustee,as well as their SUQQessors,shall not be required to give bond for the faithful performance of their duties in any jurisdiction.; IN WITNESS WHEREOF,I have hereunto set my hand this __~o?~o(~~_ '" ~.I .);• day of J~,1976. d~~(SEAL) I , .. The preceding instrument,consisting of this and four 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 presen~e of us,who at his request,in his presence,and ih the presence of each other,have subjcribed our names as witnesses hereto. ,'. IIiI~n..I}J1 135 ~~.~)f-...:::./~fL~J.....-::o='~:!:::l:Q:·~'~-----:Residing at ~12e.15"+17~Witness Address / !J--I -/J M fsY Residing at'--"fi&d/L~~'4:.1o.u~~~~Ab=,,/,~r;,~tklo:.:.._J/..;;5:::::.;3>L'::.3~3_ Address ., i .=:~ft!."",",l:So:!=:::~.,.l&~Io::X."~c:.£.~='=;=--ReSiding at .Witness -5- ~/S:1,JAddress