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HomeMy WebLinkAbout1118_GARARD_JESSE_99_549_05-07-1965~1/,.(, 1£xemplifirb iternrik In The Register's Office of G.'eene County,Pennsylvania. __________E_s.J'l~'1'_E QF __JJ.~_SSE L.G_ARARD __ ______________A~~Q~~~~Y_I_'__~:t§2 ~---~~~I?- lification filed.and recorded._______________________~----..c~-------.,..----------------_ I )- --------------------J:osepb.:i nET :M..---Dougl-as-,---.. Regiaier "of Will s.---------------------------------------------_._----..-----_._--------- _f I ! ----------------------------~--------0----------t::::J-------------- ·---------------------.-------~I-------~---------------------------- ~ l~ILL BOOK 99 PAGE 549 ------------------------------------------------------------------ Register of Wills.1 SUTTON PRINTING co.•WAYNESBURG,PA• ... Commonwealth 0/Pennsylvania,}ss: County 0/G"eene, GEORGE D.BLACK I,~~Register of WHIs in and for said county,do hereby certify the foregoing to be a true and correctc:>py of the _ ___~~t __~h11 ~!!_g ~_~~~_I!!~_~~_!~E_?_~~~_~_~~_~9__~_~~_~~~~_ ____~§..t£t~Qf__,;LE?.§_~~_~_G9l.:~~d _ as full and complete as the same appears of record in my said office in Will Book,No.?-Q ,Page 2_~~. IN TESTIMONY v\THEREOF,I have hereunto set my hand and affixed the seal of my said~ffi~~__l~=_~~:~:~_2J~~~~:.65.. I,JOHN INGHRAM HOOK Pr~s.ident Judge.of the 13th Judicial District,composed of the County ofGeorg?D..l::UaCKGreene,do certify that ibn~otdc~w.~by whom the annexed record,certificate and attestation were made and given and who,in his own proper handwriting,thereunto subscribed his name and affi~ed the seal of the Register's office of said County,was at the time of so doing and now is Register of Wills in and for said County of Greene,in the Commonwealth of P.ennsylvania,duly commissioned and qualified;to all of those acts,as suoh,full faith and credit are and ought to be given,as well in CDurts ('pf Judicature,as elsewhere,and that the said record,certificate and attestation are in .ue form of law and made by the proper officer./~'Hq.f4-1~'{:.t-<.,#i.'(_I_/~fr£4~.-~j~President Judge. Commonwealth 0/Pennsylvania,}ss: County 0/Greene, I,LEROY H.MINOR,Prothonotary of the Court of Common Pleas in and for said County,do certify that the Honorable John Inghram Hook,by whom the foregoing atteEtation was made,and who has there- unto -subscribed ,his name,was at the time of making thereof and -still is President Judge of the Court of Common Pleas,Orphans'Court and Court of Quarter Sessions of the Peace,in and for said County,duly com- missioned and qualified;to all whose acts,as such,full faitli and credit are and ought to be given as well in Courts of Judicature as elsewhere. IN TESTIMONY WHEREOF,I tave hereunto set my hand and affixed the seal of said Oo.??thi'_~of ~:l_._....•A~D.19..§2. ~----~-----,Prothonotary. \ be~onging thereto clean,sanitary and attractive,then to the maintenance of the bUildings of the church,and any balance to the ordinary expenses of said church;provided,hc~ever,that if the Trustees of said church fail to keep and maintain said grounds or property in proper condition,or said church be discontinued or abandoned,then the net income therefrom shall be paid over to the TrusteeE:of The Garards Fort Cemetery Company of Garards Fort,Greene County,Pennsylvania,to be used for the proper upkeep and maintenance of the grounds of said cemetery. FI?TH:- I give and bequeath unto the Trustees of the Garards Fort Cenletery Company of Gara~ds Fort,Greene County,Pennsylvania,and their successors,the full Sunl of One Thousand Dollars,in trust,to invest the same and to keep the same invested in lawful investlnents and securities and collect the income thereof and use the said income for the proper up- keep and maintenance of the Jesse L.Garard,Alfred Garard,Stephenson Garard and Jonathan Garcrd lots in said cemetery,and the monunlents there- on,and any balance of said income over and above what is required for this purpose shall be used for the general upkeep of said cemetery. SIXTH:- I give anj bequeath unto the Trustees of The Baptist Orphanage at Mo~nt Lebanon,Allegheny County,Pennsylvania,and their successors,the full sum of Five Hundred Dollars,in trust,to invest the same and to keep the same invested in lawful investments,and collect the income thereof, and pay the net amount of such income over to the proper disbursing officer of said Orphanage for use in the maintenance of said Orphanage. SEVENTH:-All the rest,residue and remainder of my estate,real,per- sonal and mixed,of whatsoever nature and kind and wheresoever situate,I direct shall be taken,assembled,managed,handled and controlled by my executors hereinafter named,or the survivor of them,in trust,at their discretion,to retain in the form in which they find same,or tc convert and invest the same and to keep the same invested in lawful investments and securities,and collect the income thereof,and pay the net amount of such income as and when received,or at reasonable intervals at least quarterly,as follows: (a).The entire of said net income unto my wife,Annie L.Garard, during the term of her natural life,for her sole use and benefit,free ':1 fron all liability for her debts,contracts or engagements,or to assign- men~s,pledges or anticipations,and after her decease then unto my daughter, Jessie Grace Crumrine,during the term of her ne.tural life,under like conditions. (b).After the jecease of my said wife,Annie L.Garard,and of my da~ghter,Jessie Grace Crumrine,my said executor and Trustee shall continue Among the Records and Proceedings enrolled in the office of the Register of Wins in and for the County of Greene,in the Commonwealth of Pennsylvania,in Will Book VoL gJ?,pa-ge_-58.sL ,is contained the following: COpy OF WILL BOOK ENTRY Estate No.l1391L _ Will of --.Jes.se--L...----Garar.d------------------------------,deceased. FILED JUNE 19,1934, Frank K.Silveus, And now,June 19,A.D.1934, Application for Letters Testamentary filed. LAST WILL AND TESTAMENT I,JESSE L.GARARD)of the REGISTER.Borough of Waynesburg)County of Greene and State of Pennsylvania)being of sound mind,memory and understanding)do hereby 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 that all my just debts and funeral expenses shall be paid by my executors hereinafter named as soon as conveniently may be after my decease;and that they shall also cause to be erected on my lot in the Garards Fort Cemetery a suitable monument or tombstone with suitable inscription marking the graves of myself and my wife)Anna L.Garard. SECOND:- I qevise and bequeath to my Wife)Anna L.Garard)her heirs and assigns)in fee simple)my residence property at the corner of Richhill and College Streets)in the North Ward of the Borough of Waynesburg)Greene County)Pennsylvania)with the appurtenances)together with all furnishings) household goods and effects of every kind in and about the same)and my automobiles. THIRD:- I devise and bequeath the residence property at the corner of LeMoyne Avenue and Lockhart Street)in the city of Washington)Washington County)Pennsylvania)with the appurtenances).now occupied by her)to my daughter)Jessie Grace Crumrine)wife of Dr.Clarence Crumrine)her heirs and assigns in fee simple. FOURTH:- I give and bequeath unto the Trustees of the John Corbly Memorial Baptist Church)located at Garards Fort)Greene County)Pennsyl- vania)and their successors)the full sum of Two Thousand Dollar~)in trust to invest the same and to keep the same invested in lawful investments and securities)and collect the income thereof and pay the net amount of such income)as and when received)over to the proper disbursing officers of said church)to be used in defraying the expense of keeping the grounds (- to handle said residuary estate as herein dir9cted,and pay over the net income therefrom regularly to the lawful issue of my said daughter,or their heirs,until her youngest ~hild shall or would if living have attained the age of twenty-one years,for their sole use and benefit,free from all liability for debts,liabilities contracts or engagements,or to the assignments,.pledges or anti- cipations,when the corpu~or principal of said trust shall be equally divided among such issue,the issue of any deceased ch~ld to ~eceive such share,or proportion,as such deceased child would have been entitled to receive. (c).In the event any of the children of my said daughter,or the issue of a deceased child,e~titled under the pre'Jeding clause to receive distribution or income,or principal, rom said trust fund following her death,shall be in their minoritv , I direct that the Trust Department of the First National Bank and Truat Company of Waynesburg,Pennsylvania,sh~ll act as testamenta y gua~dian of such child or children during their minority. (d).I durther direct that my executors hereinafter named,or the survivor of them,shall have th9 right,at their discretion,during the continuance of this tr~st,in case they should,for any reason,deem the income from said trust estate to be insufficient for the comfortable support a~d maintenance of either the said Annie L.Garard or Jessie GraJe CrtmITine,to use so much of the corpus or principal of said tr~st as shall be reasonably necessary for that purpose. EIGHTH:-In case my residuary estate devised to my executors in trust,by the Seventh Paragraph ·)f my Will,shall be found to exceed the full sum of One Hundred T~ousand Dollars,= direct that my said executors shall pay over to the Trustees of the American Baptist Foreign Mission Society,of Philadelphia, Pennsylvania,and their successors,ten per centum of all the excess thereof over and above said sum of One Hundred Thousand Dollars,in trust,to invest the same and to ~eep the same investec ·. I • _ in l~wful investments and securities,and collect the income there of,and use the net amount of such incone for the support and main tenance of the Bengal Orissa Mission of that Society;and in case said Mission should,for any reason be discontinued,then for the support and maintenance of the Baptist Missior.at Rangoon,Indi~. NINTH;-In the event that at t~e death of my said Iwife,Annie L.Garard,and of my said daughter,Jessie Grace Crum- rine,or the survivor of them,there scalI not then be living any of the children of my said daughter,or the lcwful issue of any such child,or children,entitled under Paragraph Eighth (b)above to take the residue of my said estate,then it is my will,and I do hereby direct,that my said executor shall divide said trust into nine equal parts or shares to be disposed of as follows: (a).One equal share to be paid to the Trustees cf the John Corbly Memorial Baptist Church at Garards Fort,Greene County,Pennsylvania,and their successors,upon trust for the same uses as are hereinbefore designated by the Fou~th Paragraph of ny Will. (b)Two equal shares to be paid to the Trustees of the Greene County Memorial Hospital,located at Waynesburg,Greene County,Pennsylvania,and their successors,u)on,trust,to invest the same,and to keep the same invested in la~ful investments and securities,and collect the income the~eof and pay the net amount of such income as and when received,o~er to the proper disbursing officer of suc~osPital to be used in .jefrayi~g the ordinary main- tenance expense of said Hospital. (c).Two equal shares to be paij to the Trustees of The Baptist Orphanage,at Mount Lebano~,Alle~heny County,Pennsy~ vania,and their successors,upon trust,for the same uses as are hereinbefore designated by the Sixth P~ragraph of my Will. (d).Two equal shares to be paid to the Trustees of the American Baptist Foreign Mission Society,of Philadelphia, Pennsylvania,and their successors,upon trust,for the same uses and as therein directed,as are hereinbefore designated by the .. . i 1 Eighth Paragraph of my Will for the support and maintenance of the Baptist Mission at Rangoon,India;and in case said Mission siould~ for any reason,be discontinued,then for the support and mai~ten- ance of such other important mission of like character as saij Trustees shall or may designate. (e).Two equal shares to be paid to the Trustees of the Waynesburg Young Men's Christian Association of Waynesburg, Pennsylvania,and their successors,upon trust,to invest the same and keep the same invested in lawful investments and securities and collect the income thereof,and pay the net amount of suc~ income,as and when received,over to the proper disbursing officer of said Association,to be used in defraying the ordinary running expenses of said Association;and in the event there should I not be an active organization of that kind in Waynesburg,at ~he ti~e when this fund becomes available,I direct that the two shares so devised to said Association shall oe divided in the same p~o­ portion as above stated between the devisees named in Sections (a)i ,(b)(c)and (d)of this Paragraph of my Will to be held in trust for the same purposes as therein designated. TENTH:- I hereby make,constitute and appoint ~he :Trust Department of The First National Bank ~nd Trust Company of Waynesburg,Pennsylvania,and my Wife,Annie L.Garard,executors of this my Will,with full discretion,power and authority in them, or the survivor or successor of them,to manage and control my es~ate,to sell,assign and transfer any and all forms of stock, bonds,securities or other property,or to sell or convey any or all real estate of which I may die seized,a~either public or pr~vate sale at their discretion,at such times and in such manner and upon such terms and conditions as shall or may be deemed most advantageous to my estate,unaffected by any statutory provision as to time for settlement of estates,and not to be disturbed in the exercise of that discretion by any devisee or other perso~ interested in my estate,and to make,execute and deliver any and ·- all proper agreements,assignments or other i~struments or trans- fer or deeds of conveyance for real estate. IN WITNESS WHEREOF,I,JESSE L.GARARD,the testator, have to this my Will,typewritten on seven sheets of paper,set my hand and seal this second day of December,Anno Domini,One Thousand Nine Hundred and Twenty-nine. Jesse L.Garard (SEAL) Signed,sealed,published and ceclared by the above na~ed Jesse L.Garard as and for his last Will 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. Thelma Phillips Edna O'Hara \{.C.Montgomery GREENE COUNTY,SS: Before me,FRANK S.SILVEUS,Register for the probat p of wills and granting Letters of Administration in and for said county,personally appeared Thelma Phillips,Edna O'Hara and W.C. Montgomery,subscribing witnesses to ~he foregoing instrument in writing,purporting to be the last Will and Testament of Jesse L. Garard,late of Waynesburg,Greene Co~nty,P~nna.,in the county Gr~ene,deceased,who,being dUly sworn according to law depose and say that they were personally present and saw and heard the said testator sign:seal,publish and declare the foregoing instr~ ment of writing as and for his last Will and Testament and that they s gned their names as witnesses to the said instrument of writing in the presence of said testator and at his request,and in the presence of each other,and at the time of signing the same he,the said testator was of sound and dispcsing mind,memory and u~derstanding,to the best of their knowledge and belief,and that as they shall answer to God at the last Day. ·. ". Sworn and subscribed before me this 19th)Thelma Phillips day of June,1934. Frank K.Silveus,Register )Edna OIHara )W.C.Montgomery GR~ENE COUNTY,SS: Personally came Annie L.Garard,who,being dUly swarn according to law,says that JESSE L.GARARD,late of said co~nty,died on the 13th day of June,1934,at 7:35 olclock A.M., and further saith not. Sworn and subscribed before me this 19th) day of June,1934. Frank K.Silveus,Regist~r )Annie L.Garard ) GREENE COUNTY,SS: Annie L.Garard and The First National Bank and Trus~ Company of Waynesburg,Pennsylvania,8y E.M.Powell,Trust Office~, do swear by Almighty God,the searcher of all hearts,that as Ex2cutors of the last Will and Testam~nt of Jesse L.Garard,late of Waynesburg Borough,Greene County,Pa.,deceased,they will Ii well and trUly administer the goods a~d chat~els,rights and credi s of said deceased,according to law,a~d also that they will dili- ge~tly and faithfully regard and well and trUly comply with the pravisions of the law relative to Tra~sfer a d Federal inheritance , Annie L.Garard E.M.Powell,Jr Trust Officer THE FIRST NATIONAL B~NK AND TRUST COMPAlfY OF WAYNESBURG,PEm~SYL­ VANIA ) ) ) ~ ) )By ) ,) .) Frank K.Silveus,Register Sworn and subscribed before me this 19th day of June,1934. I and that as they shall answer to God at the ~st Great Day. I aving considered theAndnow,June 19,A.D.1934,I I i testimony offered in this case,and filed the same of record,I do adjudge the foregoing writing dUly proven as the Last Will and Testament of Jesse L.Garard,deceased,late of Waynesburg Borough, Gr~ene County,PennIa.,and as such I do adm::.t the same of record ac~ording to Law. • Same day Letters Testamentary granted to First N~t- ional Bank &Trust Company of Waynesburg)Pa.,and Annie L.Garard Executors named in Will. Frank K.Silveus Register of Wills Ant now,JUly 28)1934)Inventory &Appraisement filed. And now)February 1)1936)Final Account filed. For Election to take under Will see Deed Book 373)Page 390. \ ,