HomeMy WebLinkAbout1131_AGOSTONI_JAMES_138_107_03-18-1981_03-26-1981-
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Will
Register of Wills for the
County of Washington in the
Commonwealth of Pennsylvania
PETITION FOR PROBATE and GRANT OF LETTERS
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'Deceased.;:;~;..;~~:~~~~···~~:·..:::::·:i.i.(i:.::.i?!...:::~::""i..::.;;~:::::..:..::::::::::::,
The petition of the undersigned respectfully represents that:
Your petitioner(s)is/are 18 years of age or older and the execut.~.l.~.?J named in the last will of the above decedent,dated...8 p..t?::..c::...~19...7.9."and codicil (s)dated ..
(state relevant circumstances,e.g.renunciation.death of executor,etc.)
Decedent was domiciled at death in Washington CO';1~'Pennsylvania,with h.i~last family or principal residence at ..
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(list street,number and municipality)
Decedent,then .71...years of age,died .).:i.I!1/.}..&.?...h 19..3.....1.at ..
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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 persond 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
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situated as follows:..
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OATH OF PERSONAL REPRESENTATIVE
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The petitioner(s)above-led swearCs)or affirm(s)that the statements in the foregoing petition are true and correct to the best of the
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~9'f'::.!.day of /...t..~~.~19 /~':I-:r.h~~/7U "'
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A~D NOV~..,..c2..~19 %..1.,in consideration of the ~;jtion on the reverse side hereof,satisfactory proof having
been presented before me,IT IS DECREED that the instrument(s), dated ~.:r.i..9....7%..n ~,
d",,'bed 'h"",h,'dnU'red to p"h,re ond mol of """,M th'1.~=,110f:~~~t:=:-:
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Regist of WilV~p.
FEES
Probate,Letters,Etc.
Short Certificates J:2.;)
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Y140RNEY (Sup.Ct.LD.No.)
Renunciation
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ADDRESS
PHO~E
Filed
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1!\egister af IIIills
af IIIus1yingtan <tTauntl1
Oath of Subscribing Witness
Sandra L.Mannsmann
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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 sb.e.'Was present and saw ..James.Edward..!gos.toni
....................,the testat..or ,sign the same and that she signed as a witness at the
request of testat.or.....in h ..:1S.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 ....tP.?~.......day of
~19%(
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(Name)
.!J.~.~1!f.~1?J).~f./...~~.~/"(}j../S3~O
(Address)
(Name)
(Address)
U\tgisttr of III ills
of III as4ington Qtountll
Oath of Non-Subscribing Witness
............Kathr.yn .E•.Agastoni and J.o.Ann.Mat.ay ,
(each)a subscriber hereto,(each)being duly qualified according to law,depose(s)and say(s)that~~~Y.
~J;'~..familiar with the signature of ...~~~~.~q.~~r.q.Ag?f?:t.q~.i;.....,testat..<?r..of (~
XOOlGfttx~the will presented herewith and thbt .....~~~¥.....believes the signature on the
~.
'11 ..h h d ..fJames Edward AtpO~tonl.f their kid db I'fWI'IS m t e an wntmg 0 ~w the best 0 now e ge an e Ie .
Sworn to or affirmed and subscribed
before me this ..d~#!....day of
..~.....19.f!
~~PJdU$««-~9 7'?~~'t~~egister;f..b
(4?4.~~·.(~.
(Address)
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(Address)
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LAST WILL AND TESTAMENT
OF
JAMES EDWARD AGOSTONI
I,.JAMES EDWARD AGOS TON I ,of WashingtoI;l 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 entire estate to my daughters,
KATHERYN ELLEN AGOSTONI and JO ANN MATAY and UNION NATIONAL
BANK of Pittsburgh in Bentleyville to hold IN TRUST.in the
manner set forth below:
A)The Trustees shall invest and reinvest this
Trust Estate and shall distribute the net income (hereinafter
called "Income")and principal as follows:
1)During the lifetime of my wife,LILLiAN
BURKET AGOSTONI,if she survives me,the Trustees are authorized
to use so much of principal and/or income for her benefit as
they in their discretion deem advisable to provide for her
welfare and comfortable support,in view of other income of
which they have knowledge.
2)Upon the death of my wife,the remainder
shall be divided as follows:
a)Fifteen Thousand ($15,000.00)Dollars
KATHERYN AGOSTONI,free of trusttt
'.
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.{.f'',.'/rJ f >..b}.~,The>resitlue of said remainder shall be
div,iaed equally between my two daug~ters KATHERYN AGOSTONI and
JO ANN"MA~A•••and delivered to them free of 'trust to have
absolutely.
,'I...J
J'~,.c}Should either of my daughters predecease
my wife,the share of the deceased child shall be given to the
survivor of my two daughters.
d}Should both of my daughters predecease
my wife,I give said remainder to my grandchildren to be
divided equally among them share and share alike,provided,
however,that the share of any minor grandchild of mine shall
be retained in a separate trust as follows:
(i)During my said grandchild's
.
minority,the Trustee shall pay to the person having custody of
him or her,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 my said
grandchild's welfare,comfortable support and education 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 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 my said grandchild's surviving children equally or
Iifheorshehasnone,to my said child's then living tssue per
stirpes,the shares of my minor grandchildren to be added to
their separate trusts hereunder.
3)If I have no issue living at the death of
the survivor of my children,my grandchildren,if any,and me,
any remaining principal shall be transferred and delivered to
who w~uld'have been entitled thereto if my wife,
w:qeo:"ne.-~~l'f I (11.2)thereof and we had both died
...~
at that time,intestate,unmarried and domiciled in Pennsylvania.
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..II',.Page Two of a Five-Page Will
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4)For the purposes of this Will,adopted
children shall be considered the natural children of the adoptin
parents,regardless of the date of adoption.
B)The interest of any beneficiary hereunder,
including a remainderman,in Income or principal,shall not be
subject to assignment,alienation,:'pledge,attachment or claims
of creditors until after payment has actually been made by the
Trustee as hereinbefore provided.
C)Upon tne death of any Income beneficiary,any
or rdceived by the'Trustee subsequent to the
last Income payment date shall be paid to the person or persons.
f •for whpse'benefib the principal producing such Income is
)..f:l $l ..f
continued in trust or to whom such principal is distributed.
under the.terms hereof.
D)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 oorporation.
E)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 shares of its own corporate 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 investment
which are listed as legal for trust funds;to pledge,exchange,
or mortgage 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
Page Three of a Five-Page Will
"
in cash or in kind;and to allot different kinds of or interests
case~0Ithe merger or consolidation of the Trustee,the resultant
my Trustee.No bond shall be required of any ~iduciary hereunde
'in any juris ictiori.~~
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<''''-';'~"....'FOUR'llH':.i[direct·my'i Executrices to claim any expenses
I.I
Page Four of a Five-Page will
G)The Trustee shall be entitled to receive annual
action.I also authorize my Executrices to join with my wife
and JO ANN MATAY as Co-executriCes of this my Will.I give to
..
THIRD:I appoint my daughters,KATHERYN AGOSTONI
F)The Trustee may resign at any time,without
my Executrices the s~me powers as are hereinbefore given to
schedule in effect when the services are performed,but not in
stating cause,by petitioning a court of competent jurisdiction
compensation for its services hereunder in accordance with its
between income and principal shall be made as a result of such
in property to different shares.
excess of such compensation as would be approved by a court of
company shall become successor Trustee hereunder without notice
to any party.
to designate and appoint a successor corporate Trustee.In
of,a~fuinistration ~f my estate as income tax deductions upon
•1;.,..".,..............an Ainco~e tax~return or returns whenever in her or its sole
"l'•1 ~"';'i1 C ",
competent jurisdiction.
of a nominee;to make division or distribution hereunder either
in which said shares are held;to carry securities in the name
directed by a competent adult Income beneficiary of the trust,
or her personal representative in the filing of a joint income
judgment such action will achieve an overall reduction in th~
..t '<t ii i ~•I....~
•'\I:,f 1totalincomeand death taxes.No compensating adjustments
Trustee shall vote shares of its own corporate stock only as
.'tax return for any period for which such a return may be
permitted,without requiring her or her estate to indemnify my
estate against liability for the tax attributable to her income,
and to consent,for Eederal gi'ft tax purposes,to having.gifts
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made by my wife during my lifetime treated as having been made
half by me.
FIFTH: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 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 otherwlse,
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 possession and enjoyment,my Executrices or the
Trustee ,to whom my residuary estate has been dispributed 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.
seal this
IN WITNESS WHEREOF,I have hereunto se~my hand and~ay of -4Q~..>o::B-c~,---=--__-'--__,1978.
SIGNED,SEALED,PUBLISHED and DECLARED by JAMES "
EDWARD AGOSTONI,the Testator above named,as and for his Will,
in the presence of'us,.who ,at his request,in his presence and
in the presence of ~acfi 0 her,have hereunto subscribed our
as w'tn~sses ~eret6.
;:,f-",f~.").i
" •,.'..,'<.tl'I ~'"•'"I "y #:".e-/
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Page Five of a Five-Page Will