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HomeMy WebLinkAbout1158_FRYE_LAWRENCE_121_5_12-17-1974_07-18-1975•r )J5fJ 6J-7S=-721 LAST WILL AND TESTAMENT OF LAWRENCE V.FRYE And nOJ"July 18,J.975,it-beirg adjudged that said will has been proved,it is hereby admitted t 0 probate and ordered to be record- ed and Letters Testamentary are issa~d to Joseph U.Frye and Faye M.Frye in said testament named who were duly qualiried. Russell Marino,Register Eugene R.Speer,Esq. HOUSTON,COOPER,SPEER &GERMAN OLIVER BUILDING PITTSBURGH,PA.15222 YOL IZ PGo- ~.......r' '. " 4,.:f.-1.j--7~J -'~("r-:.\ ("IApplirutionforprnbut~uf mill uf.~.~~E.~Dg.~Y..~f..ry.~.. ___N ..Iatc or..~~!.!..~.~.~:.'?::-:'~.~?~J?,Washington County, Pennsylr:.11lia deceased,and (l)l'UlIt llf fu['ltrru Wl'lItUllll'1I1uqj. HEGISTEH'S OFFICE,I WASHINGTON COUNTY,{55.: Before the Register of Wills of Washington County,personally appcarcc1 ~9..~.~?~..y.~~!..Y..:~??~.~.¥.~~..~..X!..¥.~w h0 being duly sworn says that...~~::-:'E.~.~.<::.~Y..~E:E.Y..':7 _late resident of Car:rQll :I'Qltlnship ,Washington County,Pennsylvania,a citizen of...Uni.te.d....s.ta.tes died testate at...!?tt.!:§.e.~;:9.h.L ..!?~.!!:!!::?y.~.y.~!!:~~on thel7.,th day of..R~9.~mP.~x A.D.19.7..4... at.....:?.~),2 0'clock..~.:m.,age ~.Q leaving an estate of the estimated value of $.5.000 0.0 .. personality,and $.),Q.(.QQQ.~.QQ realty,said real estate being located in Car:r:all...To.wnship.,... .w.§.§.h.~.!!:gJ~gD GggD.j:;..Y.l ~.~DD.§.YJ.Y.#DJ.9.-,. The decedent's legatees and devisees are as follows: NAME RELATIONSHIP RESIDENCE R.D.#2,Box 589MaryU.Frye Wife Mononaahe1a.Penna 15063 Joseph U.Frye Son Same address. Faye M.Frye Daughter Same address. I Testator has !!:9.t.married and nQ children have been born since the execution of the will offered for probate. Petitioner prays that the paper writing filed herewith dated N.Qy..~mb.~x:21.,1.9..6fl .. may be admitted to probate as the last "Vill and Testament of said decedent,and to grant Letters Testamen- tary thereon to g,9.:?gp.h Y..~f.t:y.g R:D.g f.R:y.g M.~f.,;.y.~_.. ,vhose postolTice address is ~.~I?~~.?!?.?.~~.~.~.!~.?~.?~.e;t.~.~.~.~.~.!~.~D.~.~Y..~..':~.~~~.!~:?9.~~. if t!!I I fI i t. \~ t I[ II [ Sworn 1.0 :1I1d sub~cribcc1 bdore me this ~.. day of..J.:~~y ~A,D.19.7..2 . d A//~ .......,......••h ·..........• ,~£-j leg-I!itel'~.r# c2 _/A -n--::2 ---.~~.~..::~=~. $~flJ'S~~...............,~/...~,~.L..~. ..:....-~ COIVII\10NvVEALTII OF PENNSYLVANIA,}SS. WASHINGTON COUNTY,... And now e.J.:tJ.ly.,19 7..2 ,comes y..9.~.~.I?n.V.~.f..f.Y.~?.n.g :r..?.y.~t1.~f..f.Y.~.. who being duly sworn cloth depose ~J1d say th~t...t.lJi¥will well ~nd truly :l(lminister the goods and chat- tels)rights and credits of ~~~~~.~E.~y..~!!.:!:.Y..~cleceased, to the best of :their:...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 ?. day of ~!.:~~1y.A.D.19 ],~.~..~~ .t.................... RegisteP'?'-- .......................~~. .................~>?!:..~. i .,( .J ,:1 "I.·.. I §tntr of ifl'ltltfiglusnttt, l]IuftlliltgfoH ([hllmfy 9ft. .. Honorable Rita Wilson Kane ~-Allegheny County~o -~--------------~5q.,of --------_ ~rrrltttn: You arc hereby authorized and empowered to cause to appear before you-------------------------- Eugene R.Speer and Rita Kelly ..--------------------------------------------------~-------------------------------------------the subscrlblng witnesses to the instrument of writing hereto attached,purp()rting to be the last will and testament of ~~J{~_~~C~__\{~__~fl:(~------------------------------------deceased and on .1~:I.~JI.L oath or affirmation to propound to-------AN.S~[ER-------------------the following interrogatories: FIRST.Are you a subscribing witness to this paper (exhibiting it),purporting to be the last will and testament of-----L.AWRENCK-V....-.ERYE----------------------------deceased ? SECOND.Did you see the testat-DR-----sign--..HIS.---name at the end thereof? THIRD.Did you hear-.HIM.-declare it to be-HI3.----last \vill and testament? FOURTH.Do you believe at the time of so doing..HE---was of sound mind and memory? FIFTH.'Vas it at_J:iJ~request and in---tU:S-presence thnt you subscribed your name as a wit- lless thereto? And having so done,you are to reduce the answers of the said witness..as.to writing and certify the same under your hand ar.d seal,and forward the same to the Register's office at v,r~shil1g~(m, Pennsylvania. Given under my hand and seal of said office,at Wa~hington, thig-----~-th!_--day of---~Y.~:x:---A.D.19_25 _ IRUSSELLMARINO,I1eblst0~10 n,fV!.d\. Cl1ounty.tJrttt1.fIU lttnniu: Pursuant to the authority vested in me by your commission,to me directed,for the taking of tes- timony in the matter of the probate of a certain ins trurnent of writing,purporting to be the last will 4 and test~ment of ~Ji~C_E._1f_~__fI1Jr~_ deceased,I,I1I_TAJ'lI.LQ.QN_,.KAN~_..----------__-----------.---------do hereby certify that I caused EUGENE R.SPEER AND RITA KELLY---------------------------------------------------------------------------------------------------------------- the witness esin said commission named,to appear before me at.PIT.TSBIlRGH.,._..PENNs'YL1f.AN..I _ on ------------------------------------------19-7-5--.and having exhibited to-T.HEJ~L the said instrument of writing,did propound to---~-~~~------------__the interrogatories annexed to said commission,to which the said witness es having been first duly sworn,made answer as follows: RITA KELLY -'.---------------------------------------------anS\VeIS I do further certify that the foregoing answers of the said witnesses to the said interroga- x fb--Jb~~.------------::21'------------~-----------------------. To the fourth interro To the first interrogatory: t1~r~-· To the second interrogatory: To the third interrogatory: To the first interregatory: ________________________~-------------------O To the second interrog~-ll;;~--- ---------~---------------~-----------------_.~_~_~~:_~h::_~~t:=~:~t~--------C----:-----. To the fourth interrogatay: ------------------------~--~----------------_.1'~_~~:.:f::_:::e::~::~,.~o_t~:_~:::_J~t::~~_~~:~. (Witn s--£°gn Here)--V------(Witness Sign Here)~ tories were by me reduced to writing int.h~.i.J:--presenceand were by said witnesses signed before me 'icient,I do hereby admit the foregoing Will to Probate,and order the same the day and year aforesaid. my hand and seal this--.Ii.-th.-----}fJ o~----~--~1.-------Tf D.19-15-- ~__.~-YJ-~!..lf.(SEAL) Commissioner. ~tlfn.--_._..e-.""'~'--1C........A !~------------------A.Do 19--15-,the testimony of the above named witness to be recorded as such. Given under my hand the above date. COMMONWEALTH OF PENNSYLVANIA,( J SS: COUNTY OF WASHINGTON,( TO: HONORABLE RITA WILSON KANE ALLEGHENY COUNTY COURTHOUSE PITTSBURGH,PENNSYLVANIA G R E E TIN G:_----~.....--._-_...- You are hereby authorized and empowered to cause to appear before you,Eugene R.Speer and Rita Kelly,whose postoffice address is Oliver Building,Pittsburgh,Pennsylvania,- the subscribing witnesses to the Will of Lawrence V.Frye,late 0 Carroll Township,Washington County,Pennsylvania,the said witne s blanks are attached hereto;to be signed by them. AND Having so done,certify the same under your hand and seal,and forward the same to the Register's Office at Washington,Pennsylva~ia. GIVEN under my hand and seal of said office,at Washington, Pennsylvania,this 8th.day of ERS/RK/db (5)10/21/66 '. LAST WILL AND TESTAMENT OF LAWRENCE V.FRYE I,LAWRENCE V.FRYE,of Washington County,Pennsylvania, do make this my Last Will and Testament,hereby revoking all Wills heretofore made by me. ARTICLE ONE I give all of the shares of FRYE LUMBER COMPANY,INC., which I may own at my death,or of any corporation succeeding to the business thereof,to my son,JOSEPH U.FRYE,if he shall survive me;or,if he shall not survive me,to those of his issue who shall survive me,per stirpes;or,if there shall be no such issue,to my daughter,FAYE M.FRYE,if she shall survive me;or,if she shall not survive me,to those of her iS3ue who shall survive me,per stirpes. ARTICLE TWO I give all my personal effects,including my jewelry and clothing,and any automobiles which I may own at my death to my wife,MARY U.FRYE,if she shall survive me;or,if she shall not survive me,to those of my children ~ho shall survive me in such approximately equal shares as they may agree upon. ARTICLE THREE If my wife,MARY U.FRYE,shall survive me,I give all of my commercial real estate situate in the City of Monongahela,Washington County,Pennsylvania,to my son, JOSEPH U.FRYE,and to my daughter,FAYE M.FRYE,and to my wife,MARY U.FRYE,as Trustee,in trust,nevertheless,for • tte following uses and purposes: 1.From the net income of the trust,the Trustee shall first pay all taxes,assessments, water rates,insurance premiums,costs of repairs and all other expenses incidental to the adminis- tration of such commercial property and of this trust;any net income not so distributed shall be distributed to my wife or for her benefit during her life. 2.Upon the death of my wife,the prin- cipal shall be distributed as follows: (a)One-half (1/2)thereof to my son,JOSEPH U.FRYE,if he sjall then be living;or,if he shall not then be living,to his then living issue,per stirpes;or,if there shall be no such issue,to the persons named or described in the immediately following sub?aragraph (b),in accordance with the terms thereof. (b)One-half (1/2)thereof to my daughter,FAYE M.FRYE,if she shall then be living;or,if she shall not then be living,to her then living iss~e,per stirpes;or,if there shall be no such issue,to the persons named or described in the immediately preceding subparagraph (a),in accordance with the terms thereof. 2 . 3.In the event that a vacancy shall occur in the office of individual Trustee of this trust, no successor need be appointed,until such time as none of the individuals named herein shall be able or willing to act in such capacity,at which time PITTSBURGH NATIONAL BANK shall become the sole Trustee of this trust.As used in this ARTICLE THREE,the word "Trustee ll shall mean all the Trustees acting at any time. If my wife,MARY U.FRYE,shall not survive me,I give all the aforesaid commercial real estate as follows: 1.One-half (1/2)thereof to my son, JOSEPH U.FRYE,if he shall be living at my death; or,if he shall not then be living,to his then living issue,per stirpes;or,if there shall be no such issue,to the persons named or described in the immediately following subparagraph 2,in accordance with the terms thereof. 2.One-half (1/2)thereof to my daughter, FAYE M.FRYE,if she shall be living et my death; or,if she shall not then be living,to her then living issue,per stirpes;or,if there shall be no such issue,to the persons named or described in the immediately preceding subparagraph 1,in accordance with the terms thereof. ARTICLE FOUR I direct that there shall be paid fron and charged 3. exclusively to the principal of my estate remaining after pro- viding for the foregoing devises and bequests all inheritance, succession and estate taxes,together with any interest or penalties thereon,imposed upon or payable with respect to any property which may be included as a part of my estate for the purposes of such taxes.My Executor shall not collect or seek reimbursement for any such taxes from 2ny other source. In the discretion of my Executor,taxes on future interests may be prepaid or payment thereof may be postponed until the future interests vest in possession.I auttorize my Executor, in my Executor's sole and absolute discretion,to use adminis- Gration expenses as deductions for estate tax yurposes or in- come tax purposes and to use date-of-death values or optional values for estate tax purposes,regardless of ~he effect thereof on the interest of any beneficiary of my estate,and I direct that there shall be no adjustment of such interest by reason of any action taken by my Executor pursuant hereto. ARTICLE FIVE I give all the residue of my estate,of whatsoever kind and wheresoever situate,to my wife,~ARY U.FRYE,if she shall survive me;or,if she shall not survive me,I give all such residue to my son,JOSEPH U.FRYE,and to my daughter, FAYE M.FRYE,as Trustee,in trust,nevertheless,for the following uses and purposes: 1.If my daughter,ANNA MARY FRYE,shall survive me,the following provisions shall be appli- cable during such daughter's life: (a)If the Trustee shall receive as 4. an asset of the trust any real property which was my home at the time of my death, I authorize my Trustee to retain such real property in kind for so long as the Trustee shall deem it advisable,without any liability whatsoever for such retention, and without any duty to make such property income producing,and I direct the Trustee to permit anyone or more of my children, and members of their immediate families,to occupy such real property as their residence for so long during its retention as they wish,rent free.All taxes and assess- ments levied or assessed against such real property and all insurance premiums and costs of repairs incidental to such real property shall be paid by those of my chil- dren who shall be occupying such real prop- erty at the time such charges become due. The Trustee shall also permit any and all of my children who are making their home at such residence property to use all of my household goods,furniture, furnishings,books,pictures,silver and chinaware so long as they reside there. 5· They shall not be required to account to the Trustee or any beneficiary for the use thereof nor for the disposition thereof, if being realized that such articles are not of a permanent nature;and the Trustee shall have no liability whatsoever for the loss or depreciation of any such tangible personal property. (b)The Trustee shall distribute to my daughter,ANNA MARY FRYE,or for her benefit,such amounts from the net income of the trust as the Trustee shall deem advisable for her health,maintenance and support.Any net income not so distribu- ted shall be accumulated,invested,adminis- tered and distributed as principal. (c)If the Trustee shall determine that the income of the trust shall be in- sufficient to provide for the health,main- tenance and support of my daughter,ANNA MARY FRYE,the Trustee is authorized to use from time to time for such purposes so much of the principal of the trust as the Trustee shall deem advisable. 6. 2.Upon the death of my daughter,ANNA MARY FRYE,or upon my death if such daughter shall not sur- vive me,the principal shall be distributed as follows: (a)One-third (1/3)thereof to my son,JOSEPH U.FRYE,if he shall then be living;or,if he shall not then be liv- ing,to his then living issue,per stirpes; or,if there shall be no such issue,to the persons named or described in the immediately following subparagraph (b),in accordance with the terms thereof. (b)Two-thirds (2/3)thereof to my daughter,FAYE M.FRYE,if she shall then be living;or,if she shall not then be living,to her then living issue,per stirpes;or,if there shall be no such issue,to the persons named or described in the immediately preceding subparagraph (a),in accordance with the terms thereof. 3.When the first vacancy in the office of individual Trustee of this trust shall occur,no successor need be appointed.Upon the occurrence of the second vacancy in the office of Trustee of this trust,PITTSBURGH NATIONAL BANK shall become the sole Trustee of this trust.As used in this ARTICLE FIVE,the word lITrusteell shall mean all the Trustees acting at any time. 7. ARTICLE SIX If,at the time distribution 0=my estate is to be made as set forth in the preceding ARTICLES,no person named or described above is living to take his designated share of my estate,such share shall be distributed as follows: 1.Forty per cent (40%)thereof to MEMORAL HOSPITAL ASSOCIATION OF MONONGAHELA, Monongahela,Washington County,Pennsylvania,for its general uses and purposes. 2.Forty per cent (40%)thereof to FIRST METHODIST CHURCH,Monongahela,Washington County, Pennsylvania,for its general uses and purposes. 3.The balance thereof in equal shares to CHATHAM COLLEGE,Pittsburgh,Allegheny County, Pennsylvania,and WAYNESBURG COLLEGE,Waynesburg, Greene County,Pennsylvania,for their general uses and purposes. ARTICLE SEVEN If,under any of the preceding ARTICLES of this Will, a share of my estate is directed to be distributed to a bene- ficiary who shall be a minor,such distributive share shall not be distributed outright to such child but shall be held in a separate trust by my son,JOSEPH U.FRYE,and by my daughter, FAYE M.FRYE,as Trustee,during such beneficiary's minority. The Trustee shall distribute to or for the benefit of such minor so much of the net income and principal as the Trustee 8. shall deem advisable for his health,maintenance,support and complete education,including preparatory,college and postgraduate or professional training.Any net income not so distributed shall be accumulated,invested,administered and distributed as principal.When such beneficiary shall attain the age of twenty-one (21)years,the principal shall be distributed to such beneficiary;if such beneficiary shall die prior to attaining the age of twenty-one (21)years,the principal shall be distributed to those persons who would have been entitled to his estate had he died intestate and domiciled in the Commonwealth of Pennsylvania. When the first vacancy in the office of individual Trustee of this trust shall occur,no successor need be appointed. Upon the occurrence of the second vacancy in the office of Trustee of this trust,PITTSBURGH NATIONAL BANK shall become the sole Trustee of this trust.As used in this ARTICLE,the word "Trustee"shall mean all the Trustees acting at any time. ARTICLE EIGHT The following provisions shall be applicable to all trusts created under the provisions of this Will: 1.Whenever the Trustee is authorized or directed to dis tribute funds II to or for the benefit ofIt any minor beneficiary,the Trustee may distribute such funds to the person having custody of such bene- ficiary,may apply such funds for the benefit of such beneficiary or may distribute funds directly to such beneficiary,without liability on the part of the Trustee to see to the application of such funds. 9. 2.The interests of the beneficiaries shall not be subject to assignment,alienation, pledge,attachment,garnishment,sequestration or other legal process,or to the claims of creditors. 3.Upon the termination of any trust any accrued and undistributed income shall be added to the principal to be continued in trust or dis- tributed in accordance with the provisions appli- cable to such trust. ARTICLE NINE In addition to the powers given them by law,any and all fiduciaries acting hereunder shall have the following discretionary powers applicable to all proyerty held by them, exercisable without court order and until actual distribution: to distribute in kind at valuations fixed by them,to cause any share to be composed of cash,property or undivided interests in property or property differing from tha~comprising any other share;to retain any property received by them,including stock of any corporate fiduciary acting he~eunder;to exchange or sell any property for cash,other property or credit,pub- licly or privately,or to lease the same for any term regard- less of the duration of the trusts hereunder,without liability on the purchasers or lessees to see to the application of the consideration,and to give options for these purposes without obligation to repudiate them in favor of a higher offer;to in- vest in all forms of property,without restriction to investments authorized for fiduciaries;to retain and 2110cate to,or pur- chase as an investment of,any trust or trusts,any form of 10. " life insurance,annuity or similar contract and to exercise with respect thereto all rights and incidents of ownership, and to pay any premiums thereon and other charges with re- spect thereto out of principal or income;to hold property in the name of a nominee,including any fiduciary hereunder; to borrow money,including the right to borrow money from any fiduciary hereunder,and to pledge,mortgage or create a security interest in any property held by them as security therefor;to make loans;to exercise options of any kind;to compromise,submit to arbitration or release any claim of my estate or any trust hereunder against others and to pay,com- promise or submit to arbitration any claim of others against my estate or any trust hereunder;to operate any business;to effect or join in any incorporation,partnership,recapitali- zation,merger,reorganization or voting trust plan and to delegate authority with respect thereto;to deposit invest- ments under agreements and pay assessments;generally to exercise all rights and privileges appurtenant to any property held by them;and to execute and deliver any and all instru- ments which may be necessary or expedient in the exercise of the powers granted herein. ARTICLE TEN I appoint my son,JOSEPH U.FRYE,and my daughter, FAYE M.FRYE,and the survivor of them,Executor of this Will. As used in this Will and unless otherwise clearly indicated,the word IIExecutorll shall mean all the Executors acting hereunder at any time. 11. ,... ARTICLE ELEVEN No fiduciary hereunder shall be required to furnish any bond or other security in any jurisdiction. IN WITNESS WHEREOF,I have hereunto set my hand and seal this ~/Shay of r.J:!{FL/-C/J""J-J2/L ,19 t C . k~'<-e-<!_(}I,~(SEAL) Signed,sealed,published and declared by the above named Testator,LAWRENCE V.FRYE,as and fer his Last Will and Testament,in the presence of us,who,in his presence,at his request,and in the presence of each other,have hereunto subscribed our names as Address--~=-.!...::.-"':::7F--------- 12.