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Home My WebLink About1137_FOLEY_GEORGE_118_49_06-17-1974_06-26-1974•.. J J\ppliratton for 'robatr of mill uf.GE.ORGE D F.QLEY.,.a!k/.a GEORGE D.. E.QLEY.,.S.R .late of Q.ao.ons.b.ur.g.,,Washington County, Pennsylvania deceased,and ~l'ant llf 1Ll'ttl'rll w1'1Itaml'ntary. REGISTER'S OFFICE,l SS . WASHI GTON COUNTY,f .. Before the Register of Wills of Washington Foley,Jr. County,personally appeared..JO.hn J F.o.1e.y.J..ame.s E F.o.l.e:y.and G.e.Q.r.ge D /.wh0 being duly sworn saylthat.....Ge.ar.ge....D F.ole.y..,.a/k/a....Ge.or.ge....D F.o.l.e¥.~.....Sr..•..,late resident of .......C.an.on.s.b.ur..g.,Washington County,Pennsylvania,a citizen of..U s.A died testate at..Q.ano.ns.b.ur..g .P.e.nnsyl.v..ani.a on the .l.1thday of...J..un.e.A.D.19.7.1... at..,J..;.3.Q o'clock P..ll..m.,age ?.5.leaving an estate of the estimated value of $.Jm.knQ.w.n .. personality,and $n.Q realty,said real estate being located in .. The decedent's legatees and devisees are as follows: 'l-f./ ments - NAME RELATION SHIP RESIDENCE f:l .,,1't1- Margaret M. Hutchinson Hall Apart Foley Widow Canonsburg,Pa.15317 ) ifol -7cFFc~crJVR .Tohn .T Folev Prrt:>BuR~H PA-I r-:z..;::{ ~-~i J./-q ~Z I<o~//v 1ic0-P V, James E.Foley Trustees N~W OR LCflr-l-S /,A.'70 ~ ~37~r Rf IIeR ~E'IJ])/'« George D.Folev,Jr.(J NIl-R 1..0 rrE'/V,C,;:(g. Testator has m?~married and 1J.Q children have been born since the execution of the will offered for probate. Petitioner prays that the paper writing filed herewith dated P..§.~~.ml>.~.r.~.9..~J.9..7.J...1 .. may be admitted to probate as the last Will and Testament of said decedent,and to grant Letters Testamen- tary thereon to J..o.hn.J F.o.l.e.y,:.,J..ame..~E.f.o.l~y.gng Q;§.Qrg~p..,f.Ql~y.~~r..,.. whose postoffice addresS3i~ar.e a.s ab.oy.e .5.e.t for.t.h . Sworn to and subscribed before me this !i5..1... ay of ~J.u.ni~;A.D.19 7..l,r,.~L~~R;;;;;·t:·;;, COMMONWEALTH OF PENNSYLVANIA,}SS. WASHINGTON COUNTY,.. George D.Foley,J~ And now J..u.ne ,19.7..4.,comJ J.Qhn J.F..Q.l.~Y..)J.g.m§.§~f..Q.1.~Y..~nd I who being duly sworn doth depose and say that........t.he.y........will well and truly administer the goods and chat- tels,rights and credits of Q.§.Qr.g§p...f .f..Ql§.Y..1 §!~J.9.Q§.Qr.g~p..~f.9..l.~.y.J §.r..Ll deceased, to the best of t.b.~.ir..skill and judgment in strict compliance with the laws of this Commonwealth,mind- ful of the laws relating to inheritance taxes. Sworn and subscribed before me this.......2..L..................~ .~/~June ~A .,~,············,····;···········,,···X····,·,··,····,·.,.•.......A.D.19 7.!t d...:2<'.-,0.Q..J1\.~:li"i ~'k~~""""'"~~...--.~ReglSter I I I /I ~. #?.d-~~ •P=: (f) ~ :>iJ:i1Ho~ : \\") ~ ...........- r::l ~dl0:::c::j, J:i1i9~~ -Q~"d:II)•rJJ '"<:I'lS~oQ ~~9~r:qa~ bIi~:::!:.01 (J)!c::dc:! (Ij:0\ i.Jo ~~ ~ ol .-i ~ l "ClII).....§ I-<d rJJI-<II)..........II) ~ .:J:i1~ (J)tO)!8!(Ij:~l oi:>l0):r-f!o!~~ .: '"":>1 c:i ..c:ioi '"":>1 o.....:5 •H '1.. :>!.oj r-ia~•9 ai biJ~~~ ~~d.~ ~(!f iff!!;>r;L "., r,0'n lJ , '"'EGI""I \~'1 \)!: t';'/;Stll:: ..I ; "I'I.,I!JiU/If, '(.- ~'I'ILL:] J !~0.,Pti, (J) »vs:l5:jj<: d~S<U~~c:9§s ! I 01t -.~3-7t/-- arnmmnumraltl1 nf Jruunyluauia 111lhtn4ingtnn Qrnunty.nn:~ BE IT REMEMBERED,That upon this ~~day of . ;'1 Russell Marino .,19 ,before me "Reglster for the probate of Wills and granting Letters of Administration within and for said county,came . Sara M.Shaw,Thomas A.McKown,Jr.and Evelyn McKown ............................................................................................................the subscribing witnesses to the foregoing attached Will of ...................................................,q:~.9.r.g.!'!.p..~J:.Q),.~:I.. deceased,who,after being duly qualified according to law,depose and say:That they were present at the . f 'd Will th .h 1 Him "executIOn 0 sal -saw e testat.Or.......................sign t e same-leard publIsh It as and for ............~:.~..last Will and Testament;that they at...~~.~request,in ~.~presence,and in the presence of each other,subscribed their names thereto as witnesses;and at the time of the doing thereof said testaLQr was of sound,disposing mind,memory and understanding,to the best of the affiants' knowledge and belief. Sworn and Subscribed Before Me Register LAST WILL AND TESTAMENT I,GEORGE D.FOLEY,of the Borough of Canonsburg, Washington County,Pennsylvania,do hereby make my Last Will and Testament and revoke all wills and codicils by me at any time heretofore made. FIRST:I direct the payment out of my estate of all my just debts,funeral expenses,costs of administering my estate and all estate,succession and transfer inheritance taxes as soon as convenient after my decease. SECOND:I give and bequeath to my personal representatives, hereinafter named,or to the survivor of them,the sum of $100.00 to be used as offerings for masses to be said for the repose of my soul in St.Patrick's Church of Canonsburg,Pa. THIRD:I give and bequeath all my jewelry,automobiles, purely personal effects and household goods and equipment,together with any existing insurance thereon,to my beloved wife,MARGARET M.FOLEY,if she survives me.In the event my said wife fails to survive me,I give and bequeath the aforesaid items to my then living children,to be distributed among them as they shall mutually agree, or in the absence of such agreement,as my personal representatives, in their discretion,shall deem advisable,making such distribution in as nearly equal shares as possible. FOURTH:If my wife,Margaret M.Foley,survives me,I give,devise and bequeath to my sons,JOHN J.FOLEY,JAMES E.FOLEY and GEORGE D.FOLEY,JR.,as Trustees,so much of my estate as will afford my estate the maximum allowable marital deduction under Federal Estate Tax Laws when this share of my estate,so given,is considered with any and all other property of mine passing or which has passed to my wife under the provisions of this Will or otherwise,and which other property is included in the marital deduction allowed my estate. There shall be excluded from this devise and bequest any assets which do not qualify for the marital deduction.The property thus bequeathed shall be held as the Marital Trust as hereinafter provided. FIFTH:All the rest,residue and remainder of my estate remaining after the payment of taxes as herein provided,I give, devise and bequeath to my said Trustees to be held as the Residuary Trust as hereinafter provided. SIXTH:My Trustees shall hold the Marital Trust and the Residuary Trust in accordance with the following provisions: A.THE MARITAL TRUST: 1.My Trustees shall pay the net income from the Marital Trust to my wife,MARGARET M.FOLEY,or for her benefit in installments convenient to her but not less frequently than annually, for and during her lifetime.During her lifetime,my wife shall have the right to withdraw,consume,demand and receive,all or any part of the principal and income of the Marital Trust,absolutely and free of trust,regardless of the purpose of such withdrawal,and the Marital Trust created hereby shall terminate to the extent of each withdrawal so made.In addition to the foregoing provisions,in the event of the incapacity of my wife through illness or otherwise,my Trustees shall be authorized to disburse to her,or for her benefit,so much of the principal and income of the Marital Trust as my Trustees shall deem advisable for her comfort,maintenance and support,and to aid her in the event of any circumstance or condition affecting her wherein money is needed. 2.Upon the death of my wife,my Trustees shall pay and distribute the then remaining principal and any undistributed income of the Marital Trust as m wife shall appoint and direct by specific reference to this general power of appointment in her Last Will and Testament,whether to herself,her estate,her creditors,the creditors of her estate or otherwise.In default of such appointment or direction by my wife in her Last Will and Testament,the then remaining principal and any undistributed income of the Marital Trust shall be added to the Residuary Trust and such amount so added -2- shall be held in trust and/or distributed as if it had constituted an original part of the Residuary Trust. 3.Neither the principal nor the income of the Marital Trust,while in the hands of my Trustees,shall be liable for the debts of my wife,nor shall the same be subject to seizure or attachment by any creditor of my wife under any writ or proceed- ings at law or in equity. B.THE RESIDUARY TRUST: 1.My Trustees shall hold the principal of the Residuary Trust for the use and benefit of my wife,14ARGARET M. FOLEY,and shall pay to her,or for her benefit,the net income therefrom,in installments convenient to her,but not less frequently than annually,for and during her lifetime.During her lifetime,my wife shall have the right to withdraw,consume,demand and receive, all or any part of the principal and income of the Res~duary Trust, absolutely and free of trust,regardless of the purpose of such with- drawal,and the Residuary Trust created hereby shall terminate to the extent of each withdrawal so made.In addition to the foregoing pro- visions,in the event of the incapacity of my wife through illness or otherwise,my Trustees shall be authorized to disburse to her,or for her benefit,so much of the principal and so much of the income of the Residuary Trust as my Trustees shall deem advisable for her com- fort,maintenance and support,and to aid her in the event of any circumstance or condition affecting her wherein money is needed.In the exercise of discretion relative to the distribution of principal and income from the Residuary Trust to or for the benefit of my wife, it is my desire,but in no way my direction,that an effort be made to first expend those assets then held in the Marital Trust and that consideration be given to prior utilization of the assets which my wife may have in her own name. 2.Upon the death of my wife during the period of -3- this Residuary Trust for her benefit,or upon my death in the event my wife fails to survive me,the principal of the Residuary Trust, as it is then constituted,and any undistributed income,shall be paid and distributed to my chLldren,in equal shares,or,in the event any child of mine is not then living,such deceased child's share shall be paid and distributed to his or her then living issue,per stirpes, and upon such payment and distribution,the Residuary Trust shall terminate. 3.While in the hands of my Trustees,neither the prin- ci al nor the income of the Residuary Trust shall be liable for the debts of any beneficiary hereunder,nor shall the same be subject to seizure or attachment by any creditor of any beneficiary under any writ or proceeding at law or in equity,and no beneficiary hereunder, except my said wife,shall have any power to sell,assign,encumber, or in any manner anticipate or dispose of his or her interest in the ~Residuary Trust or in the income produced thereby. c.If,at the time distribution is to be made hereunder in accordance with the foregoing provisions,none of the persons named or described above is liVing to take the principal of the Residuary Trust,the then remaining principal and any undistributed income of the Residuary Trust shall be distributed one-half (l/2)to my then living heirs and next of kin and one-half (l/2)to my wife's then living heirs and next of kin in accordance with the Intestate Laws of the Commonwealth of Pennsylvania in effect at the time of my death. D.For the purpose of construing the provisions of this Will,if any person shall die within sixty (60)days after any other person,including myself,such person shall be deemed to have pre- deceased such other person for all purposes under this Will,provided, however,this paragraph shall not deprive any beneficiary of my estate or of the trust estate of the possession or enjoyment of property to which said beneficiary would otherwise be entitled. -4- SEVENTH:In addition to the powers conferred by law,my personal representatives and Trustees shall have the following discretionary powers: A.To retain as an investment for my estate and trust estate,without any duty of diversification,any and all securities and other property,real or personal,owned by me at my death or received from my personal representatives and neither they,nor any of them shall be responsible for any loss by reason of such retention. B.To invest and reinvest,including principal and accumulated income,in stocks,bonds,mortgages,securities or other property,real or personal,without being limited to the classes of securities or investments in which fiduciaries are authorized by law to invest trust funds. c.To sell any and all real estate held as an asset of my estate and trust estate at such times,at public or private sale, for such prices and upon such terms that they deem advisable,and to make,execute and deliver any deed or deeds therefor,conveying title thereto in fee simple absolute,or for any less estate to any purchaser or purchasers,freed and discharged of any and all trusts hereunder. D.To sell,exchange,lease,encumber,option or otherwise dispose of all or any portion of my estate and trust estate in such manner and upon such terms and conditions as they shall deem advis- able,and which shall specifically include the authority to grant leases which extend beyond the term of any trust hereunder and beyond the period authorized by law,and to make,execute and deliver deeds, mortgages,leases,assignments and other documents necessary to effect any of the powers granted. -5- E.To make distribution of my estate and trust estate to any person entitled thereto in kind,in cash,or partly in kind and partly in cash,as they deem advisable,and to this end allocation of assets in kind shall be in the sole discretion of my fiduciaries.Assets distributed in kind in satisfaction of any pecuniary distribution under the terms of this Will shall be distri- buted at their values on the date or dates of distribution. F.To register or carry any investments held hereunder in their own name or in the name of a nominee or nominees;provided, however,that all such investments shall be so designated upon the records of my fiduciaries that the trust or estate to which said investments belong shall appear clearly at all times. G.To vote by person or proxy any and all stock held in my estate and trust estate and to participate in any reorganization or merger of companies or corporations whose stock is so held. H.To borrow for the purpose of my estate or trust estate from any source,which shall include the authority to borrow from any separate trust created herein,and as security for repayment,to hold or pledge the whole or any part of my estate or trust estate. I.Anything to the contrary contained in this Will not- withstanding,I direct that my fiduciaries,prior to liquidating any securities,of which I die seized,first offer the same to my wife in kind without cost and,in the event of her refusal,offer to sell the same to my children at the then value thereof.If none of my children accept such offer and purchase the same or any part thereof within fourteen days after such offer,the restriction contained in this paragraph shall be inoperative and of no effect.The purchase price shall be paid by charging the purchaser's share in my estate or the estate of my wife. EIGHTH:I direct my personal representatives to payout -6- ·' of the principal of my residuary estate all Federal Estate,State Inheritance,Estate and Succession Taxes imposed upon or with respect to my estate or any property in which I may have an interest,includ- ing any property not forming a part of my testamentary estate but included in my gross estate for tax purposes,except any property over which I have a taxable power of appointment in the event it shall be held that I have not exercised such power of appointment in this Will,at such times and in such manner as my personal representatives in their discretion shall deem adVisable,and no such taxes or any portion thereof so paid shall be collected from or paid by any other person,persons,or corporations by way of reimbursement,proration,apportionment or otherwise. NINTH:In the event that any of my sons,JOHN J.FOLEY, JAMES E.FOL&Y,or GEORGE D.FOLEY,Jr.,at any time be unable or unwilling to act as one of my Trustees,I nominate,constitute and appoint my daughter,ABIGAIL F.MOORE,as one of my Trustees. TENTH:By reason of my confidence in Adolph L.Zeman and Robert L.Zeman,Esquires,I direct that my personal represent- atives and any Trustees herein named,or hereafter appointed,employ the said Adolph L.Zeman or Robert L.Zeman or any person associated with them in the firm of Zeman and Zeman to act as attorney in the settlement of my estate and as attorney for any Trustees or other fiduciaries in the administration of any estate herein created. ELEVENTH:I nominate,constitute and appoint my sons, JOHN J.FOLEY,JAMES E.FOLEY and GEORGE D.FOLEY,JR.,as Executors of this,my Last Will and Testament.In the event that any of my said sons be unable or unwilling to act as one of my Executors,I nominate,constitute and appoint my daughter,ABIGAIL F.MOORE, as one of my Executors. TWELFTH:No fiduciary herein named shall be required -7- .. .. to post bond or any additional security in any jurisdiction in which such fiduciary shall be required to serve. In Witness Whereof,I have hereunto set my hand and seal this ;ZtJ ;;t day of December,1973. ,&x ~:geq;.701ey~--_(seal) Signed,sealed,published and declared by the above named testator as and for his Last Will and Testament,in the presence of us,who at his request,in his presence,and in the presence of each other, all being present at the same time,have hereunto subscribed our names as witnesses. ,