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HomeMy WebLinkAbout1138_GUTTMAN_JESSE_101_304_01-14-1966_01-29-1966\,.1 ---.----~ ., •LAS'T WILL AND TESTAMENT OF ~. JESSE BERNARD GUTTMAN =1 "I $;2,;) '!'/I""~Ok.U4QABOOK And now January'29,196'it, it boing adjudged that ~aid Will has been dUly proved, it is hereby admitted to probate and ordered to be recorded,and Letters Testa ment ary a re is sued to Leo D Guttman,Howard S.Guttman . and The Upion National Bank of'Pi ttsbl)rgh,~n s aid ~est ment named,who were dUly qualif'ied. Josephine M.DO~~~~-<6dA/,,",(~~.,.·v • la'~/ "pplirattun fur Jrubatr uf Iltll uf Jesse 4 GUttm.an..a/la.A.e Be.ar.d Guttman ......................................................late of Charl.er..oi ~.Spe.e.r.s BQr.Q~),Washington County, Pennsylvania deceased,and ~tan1 of iGttftfll Wtlltamtn:ary. REGISTER'S OFFICE,}" WASHINGTON COUNTY,S:).: Before the Register of Wills of Washington Leo D.Guttman,Howard S.Guttman,and The Union National Bank of County,personally appearedP'tts ur.gb.,....by....J....DQnald...P.att n.,....Seni ~..Jlice...P.re$iden.tvho being duly sworn says that Jas ...B Guttman late resident of the United states .......Charl.r.o~'S.p.e.e.r.s....Bor.q )Washington County,Pennsylvania,a citizen of...of....Am.eric.a d::.ed testate at...Qbar.J,.~r..9.l~.9.P.Sl.§.§.?XL.H.Q.~J:t.flJ..on the...:J:!.t.t.h day of J.anWU'.Y A.D.19 '.6.. at..l:.30 o'dock.p m.,age 4:7.leaving an estate of the estimc.ted value of $.............lrnown · personality,ani $uok.!;l.olllD realty,said real estate being located in Cbar.le:r.oi.,..P.ennsifl.allia, ..and o.1lIDe.d \(ith..:w:i.:t:e.~Sy.ly.·.a...Ziskind...Gnttman.,as Tenants..by.th.e En.tir.e.t.y _.. The decedent's legatees and devisees are as follows: NAME RELATIONSHIP RESIDENCE 234 Grandview Way Rvlvi ~7;c,ld n~~\J";of ~Charleroi Pennsvlvani~ Leo Da GuttmAn TT .J R.-s:lnn non...\li'Olr.,.t.h .,::It.Ynnn Ct..,. The Union National Bank of Pittsburgh,)Pittsburgh,Pennsylvania, m_l1nn~r 'T'rl1"lt."l [ll1H_~,h '. Third and Fourth of the Wi::"l ) eet, 15222 Testator has .no.t married and Do children have been born since the execution of the will offered for probate. Petitioner prays that the paper -miting filed herewith dated Av,g,us.t l8.t.b."l95..5... may be admitted to probate as the last 'Will and Testament of said decedent,and to grant Letters Testamm- ~a /~C2.................................~.. THE'mUON 'NATI NAL BANK OF PITTSBURGH ..~y.~.~~_..Senior Vice President Of ......~~~.......•....•.;tl._A.D.l~Q_.._~~.J1:...~~ tary thereon to':!e.Q...D.......G.utt.man.,....HQ~~u:d ..S.....G:u.t:tm..an.,.....a.nd..:rhe....tJr..io.n...atiQual....ank...QI.:....:Pi:t:t.a:m.rgh whose postoffic~address is....c/.o...1'rus.t...D.e.p.ar.tJD.e.nt,....E.o:urth..A-v.enuE....a.t....o.o.d...str.eet.,....P.it.tsbm:gh,. "'~Pennsylvania,15222 Sworn to a..,d subscribed before :ne this .a\..Y .. COMMONWEALTH OF PENNSYLVANIA,}SS.J WASHINGTON COUNTY,.. f7il And now Januar.y.~,19 66.,comes..Leo n Gutt.maD..,H.o:w.axd..S.•...Gut.tm.an and.The Union National Bank of Pittsburgh by J.Donald Patton,Senior Vice President' who being duly sworn doth depose and say that...the)'wnl well and truly administer the goods and chat- tels,rights and credits of .J.e.s.s.e B G.uttman 9-LkL~}.e.S.S.e ~erna.:r.d.Qutt.m~n deceased, ,, to the best of ....the.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...~.£'..~:...... A.D 19..66....anuar~;22 ~.............d y of...........$I nJ_. '...----...--Register' •-UO:,~-.I".. ...~ .}~..~seOiQr.Y.i.ce.P.resident Union National Bank of Pittsburgh ). il'\ ~(\)Q\~ \~"~.1.., '-?\:J r-... ~~"~ ..~~~~,~ CI/t ,~ 1 e N j~ "'N:<:'U N:ri It'\:III ri::a , Q)"':'U Ill:o 'n:~J..4 c::Q)III :",bObO~O: riJ..4ClriNriQ)..-i~No~'Ult)OIt)~ric:n J..4 ·n Cl ..-iQ)~:jQ)te:bO !Xl p...C\liClQ): H M J..4 "':~Q)~.~",~~bD~c:'n J..4 >ot:III ri'"'O;c::o.o~III (/)~.c:o+'~ t)O+'rl::1 fX).r;~ ~riP-tE-f ~:0 q··1 "\1/L:!~ I r'l'I~",..I'i'.,I...\.11 '.,~'\ [,:'1 I:l'c-.(~~i L.v2I..Ef~f\I).C. i ~~Jr- l~CG fa.i!L'!2'- ) ~:~~~ 1ri•Qjcr.ic::0'd .r;~~)!Z Jjc:,0,!,..-i Q c:~:::> ~Q)~.c:~E-i.c:d bD1'U ~~~.o':'(/) aC:+JCUQj+J ....:t:1:!..-i:+J P-t 0+J.....::1li-l:5"0 ;>l. ~~Qa:!~ -d (l).....~l-<d --d'9 0'> .--i rJll-<(l) ;t:j •(l)~ ~ j 'r;Qat~rl~§ lUPi+..-iaJ..( ~J..(~'4....;o ~~ cia:!~+1~"'Cq~:~~(l)~U :(l)go u:i~! ...... Q............il ~ ~~,. N~(,~~ ) y -.. •••• LAST WI LL .~TESTAMENT ..'. I,JESSE BERNARD GUTTMAN,of the City of Charleroi, Washington County,Pennsylvania,beirtg of so~nd and disposing mind and me m0 r y,doh ereby mak e,publishand dec I are t his a sand for my Last Will and Testament,revoking any and all wills by me at any time heretofore made. FIRST:I direct the payment out or my estate of the expenses of my illness and funeral as soon as conveniently may be done after my decease. SECOND:I give and bequeath all the clothing,jewelry, furniture,automobiles and other articles of personal or house- hold use,equipment and ornament which I may own at my death to my wife,SYLVIA ZISKIND GUTTMAN,absolutely.In the event,howeve , that she is not living at my death,the same shall be divided equally among my then living children in such manner as my Executo hereinafter named may decide. THIRD.A.If my wife,SYLVIA ZISKINfi GUTTMAN,shall survive me,I give,devise and bequeatt to my Trustee hereinafter named a .legacy in an amount equal to tte maximum marital deduction allowable in determining the Federal EEtate Tax payable by reason of my death,diminished by the value of all other property and interests in property which shall be iLcluded in my gross estate for Federal Estate Tax purposes and which qualify for said marital deduction and which pass or have passed from me to my wife,either under any other provision of this my Will or in a.ny other manner outside 0 f t his Wi 11.The w0 r ds "p ass "an d 'I havepasse d"wher eve r used in this Article shall have the same meani~g as said words shall have under the provisions of the Feder31 Internal Revenue Code applicable to my estate.My Trustee sh311 hold such legacy -1- • I ! ,•. ••• II I a5 a separate trust for the sole benefit of my said wife and shall I pay all the income therefrom received from and after the date of I my de at h t 0 her inannualor m0 refr eque n tin s tallm,e nt s as Iongas she sh~ll live.In addition,the Trustee may at its sole discre- tion a~to times,manner and amounts,expend principal from the trust for'the comfort,maintenance,health and well-being of my wife,and I request that my Trustee give a broad interpretation to this provision regarding the expenditure of principal,to the end that my wife mBy enjoy,insofar as possible,the standard of living to which she was accustomed at the time of my death. B.My wife,SYLVIA ZISKIND GUTTMAN,shall have the unrestricted right to make t~stamentary disposition of the balance of the trust estate in such manner as she may direct,and the " Trustee shall convey,transf~r,deliver and pay over to such. person or persons,including her estate,in such proportions and in such manner,whether in trust or otherwise,as she may direct in and by her Last Will and TestamBnt,if said Will specifically refers to the power herein given her.In default of a valid testamentary disposition on her part,the funds constituting Trust-A at my death shall be added to and pass as a part of my residuary estate. c.My wife,may disclaim or renounce either in whole or in part the legacy given and bequeathed to my Trustee by this Article.in which event so much of the legacy as may be so dis- claimed or renounced shall be disposed of as part of my residuary estate.Any such disclaimer or renunciation shall be made by writ en irrstruoent executed by my wife and delivered to my Executor and Trustee within fourteen (14)months after my death and filed in the court in which this Will shall be admitted to probate. FOURTH:All the rest,residue and remainder of my estate,real,personal and mixed,of whatever nature and wherever -2- •.~. ••• situate,which I may own or to which I may be entitled at the time of my death,I i e,devise ~nd begu &~--!W.J ~4 BANK OF PITTSBURGH,and its successors,IN TRUST.NEVERTHELESS, for the uses and purposes as hereinafter set forth. A.·The Trustee shall pay the net income from my residuary estate to my wife,SYLVIA ZISKIND GUTTMAN,for and durin her lifetime in annual or more frequent in~tallments as long as sh shall live.In addition,if the principal of the trust created under Paragraph THIRD hereof is exhausted,the Trustee,at its sole discretion as to times,manner and amcunts,may expend princi pal from this trust for the comfort,maintenance,health and well-' being of my sai~wife. B.Upon the death of my said wife or in the event she predeceases me,then at my death,the Trustee shall divide my residuary estate,after the payment of all taxes levied upon or with respect to my estate,and after deductions of all other prope expenses and charges in connection with my estate,into as many equal shares as there are children of mine living at the death of the survivor of myself and my wife,and children of ours then deceased but leaving issue surviving at th~t time. 1.One (1)such share shall immediately vest in and be distributed to each of my children £s above who has reached the age of twenty-eight (28)years at the time for the above divi- sion,absolutely and free of trust.Simil~rly two-thirds (2/3) of one (1)such share shall be distributed to each such child of mine who has reached the age of twenty-fivE (25)years,and one- third 0/3)of a share to each such child who has reached the age I of twenty-three (23)years.The balance of the share of any child I of mine between the ages of twenty-three (~3)and twenty-eight (28)at the time for the above division sh~ll be held,administere and distributed as set forth in Sub-paragr~ph 2 following. -3- • -~ •••••• 2.One (1)of such equal shares shall be held for the use and benefit of each of my children as above who is under the age of twenty-three (23)at the time for the division into shares as aforE-said,and during the minority of allY such child,the Trustee shall disburse as much of the net income and principal from such childts sh~re as it deems necessary for his or her education, maintenance and support,and any such payments may be made to the person having the custody of the person of such child at that time or the Trustee.'may expend the .1ecessary amounts directly for such purposes.Any net income not expended in this manner shall be accumulated during the minority of the child and reinvested from time to time in the manner hereinafter set forth.As each such child reaches the age of twenty-one (21)years and in the case of any child who is over twenty-one (21)but under twenty-three (23) at the time for the above division,the Trustee shall remit the net income from such childts share directly to such child,and such payments shall continue until such child receives final distribution of his or her share or dies,whichever occurs first.As each such child reaches age twenty-three (23),his or her share shall termi- nate as to a one-third (1/3)part thereof,which shall be transferr~d and delivered to such child absolutely.Similarly,one-half (1/2) of the balance~of such share shall be distributed at age twenty- five (25)and the b61ance at age twenty-eight (28). 3.One (1)of such equal shares shall immediately vest in and be distributed to the then living issue,per stirpes, of each deceased chiid of mine,such distribution to be absolute and free of trust,subject however,to the minority provisions hereinafter set forth. 4.In the event that any such child of mine shall die prior to receiving his or her share of the principal of the trust estate leaving issue surviving,such childts share shall be distributed equ'ally among such issue per stirpes subject,however, to the minority provisions hereinafter set forth.In the absence -4-IIII ..~ ••••• I I of any such issue,it shall be added to the shares of and divided equally among aur surviving children or their issue per stirpes in the manner hereinabove provided.If all our children die without issue before receiving distribution of their shares hereunder,the trust estate sh'all be distributed among my heirs-at-Iaw according to the Intestate Laws of the Commonwealth of Pennsylvan..ia then in effect. C.In the event that any issue of my children become beneficiaries hereunder,their share of income or principal during iminoritymaybeusedbytheTrusteeatitsdiscretionfortheirI maintenance,education and support.Distribution of each such minor's share shall be made upon his or her attaining the age of twenty-one (21)years. D.Insofar as the same may be possible,and subject to the complete discretion of my Executor,hereinaiter.nam~it~.tAA:.tA Co ~O'CA,~. is my wish that any and all shares of the Guttman Oil Company,rt~O.J1l/(~ Guttman Realty Company and Guttman Supply Company common stock be kept as a part of my residuary estate. FIFTH:Neither the principal of the trust estates createp unner this my Will,nor the income therefrom shall be liable or subject to the contracts,debts or liabilities of any beneficiary; nor shall such principal or income be liable to attachment by garnishment proceedings or other legal process;nor shall any assignment of the principal or income given by any beneficiary be valid.Rather,the principal and income shall be paid by the Trustee directly to or for the use of the beneficiary entitled thereto without regard to any assignmEnt,order attachment or claim whatsoever. SIXTH~~i~te and appoi~HE UNION NATIONAL BANKMAJ-Q.,......o(I~C{.~ OF PlrTSBURGH and its successors to be the Trustee~of all the trus estates created under this my Will.Said Trustee shall have the following powers in addition to those conferred upon trustees generally by law: -5- ,. •-., 1.To take in kind,hold,invest and reinvestthe trust estat8 in such stocks,bonds,mortgages,securities or other properLy,r3al or personal,as it may believe advisable without being limited t6 the classes of securities or investments in which trustees ar~authorized by law to invest trust funds. 2.To sell,exchange,lease,encumber,option or otherwise dispose of all or any portion of the trust estate in such manner and upon such terms and conditions as it shall believe advisable and to make,execute and deliver deeds,mortgages,leases assignments and other documents necessary to effect any of these power s. 3.To hold investments in the name of a nominee. 4.To make distribution in kind. 5.In addition to the above,the Trustee is authorized and empowered to do and perform every act,matter or thing it may deem necessary or proper to be done in connection with the invest- 1~ent,manageDent,conservation,protection and advancement of the trust estates created under this my Will,and generally to exercise of all stOCks,bonds,cash,real estate and other invest ents held by it hereunder,all rights,powers and privileges as re or may be lawfully exercised by any person owning similar roperty in his own right. SEVENTH:I direct my Executor to payout of the principa f my residuary estate,passing under Paragraph FOURTH hereof,all state,inhEritance and succession taxes,both State and Federal, 'mposed upon or with respect to my estate or any property in which may have an interest,including those attributable to property ot forming part of my residuary estate,at such time and in such anner as my Executor in its sole discretion shall determine,and o part thereof shall be collected from or prorated among any legate, istributee,life tenant,remainderman or other beneficiary hereunder, t being my particular intention that the bequest to my wife,SYLVI~ iISKINDGUTTMAN,under Paragraph THIRD hereof shall be free of tax.: -6- • •I ~ ".,..,. ! I EIGHTHJ.I consti tute and appoi ftt THE,UNION NATIONAL BANK~,(JJ.,(j ;g.!')~~~t(,1)~I OF PITTSBURGH,and its successors,to be the Executor of this my Will and the estate created hereunder.I give to my Executor full' power to adequately and efficiently settle and administer my estate and without limiting this broad general power,I give it the specific right without first obtaining an Order of Court,to retain any and 'all securities or other property that I may own at the time 0:my death without any duty of conversion,to borrow money for the needs of the estate at such rate or rates of interes as it alone may determine,to compromise and settle any and all claims in favor of or against my estate and to divide and distribu e my estate partially or entirely in kind. IN.WlTNE,5S WHERE,OF,I,JESSE,BERNARD Ahereuntosetmyhanda.nd seal this£day of --2lr--_ Signed,sealed,published and declared by the above name Testator,:ESSE BERNARD GUTTMAN,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 have hereunto subscribe our names as witnesses thereto. I :~~ewG?ttiz;: Address@-L ~/!J~ H~.~9o. -7- Address illnntmnuwraltq Df 'ruusyluauia Jma::i::t:::;:~~:::That upon this.2!.~day OL;)~7...... 19..1.(before :ne !!..Q:;l.~..P.p.J.n~M.~P..Qug.l~.::!Register for the probate of Vvills and gTanting'Letters of Administration wi .hin and for said county,came . ;.Donald Fatton and H.P.Tabor................................................................................................................__. ...the subscribing witnesses to the foregoing attached Will of .................................................~.~..~~~~.~g~.~.t.~.~~~/¥i/~~~.§.~.~J?~..r.p..~.r.g G.g.t.t.m~.p.. cl~ceased,who,after being duly qualified according to law,depose and say:That they were present at the e:<ecutioc of said Will-saw the testat...Qr sig·n the same-heard Jll.m publish it as and for .............~~..~last Will and Testament;that they a~~.~.~request,in ~+..~presence,:.lnJ in the presence of each other,subscribed their names bereto as witnesses;and at the time of the doing the::-eof said testaL...Qr was of sc.und,disposing mind,memory and understanding,to the best of the affiants' knowledge and belief.