HomeMy WebLinkAbout1159_FERRARO_ROSE_121_42_04-03-1975_07-31-1975...
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'\,63-75-767
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1\pplirattnn fur tlfrnbutr of llmill uf.~.2.~~9..~..X.~~.~~.~9 ..L~.~.~.~..~P:~~.~..~.~.
R o~~F:§.SI~~J~.Q ..late of !.?:J?:~.1fric&-r~fiy.,g.?:E!2.!..g~~-,~
~deceased,and Q;l'UlIt utlifil'ttrrn Wl'l1taUll'lItury.
REGISTER'S OFFICE,I
WASHINGTON COUNTY,f SS.:
Before the Register of Wills of Washington
County,personally appeared~E.~~~...::y'.~...g.~.!.t..~.~.?.~.!.~...Y.~~.~...~E.~..~.~9:~.~~.L!.:1.:.~.g9..~~~:.*l...~~h~be ing
duly sworn says that...g.2.?~9..~..X.~.E.!".?:Eg."?.:I.lf::L.~Sg.§.~...¥.:~.r.*-~.!.9.late resident of
California
i\l.?:~.~.~.~~~~.~!Y ,~i¥l~~¥,X~~a citizen of g.~..e..~.~..!.died
testate aL.~:::.~..!.:5?..~.~.~~.~..~~.~~.~~9..::.~~~on the ~.~.~day of...::?:l?.E.g .A.D.19 7..?.
at...o'c1ock.m.,age 8.2 leaving an estate of the estimated value of $..
personality,and $..Z5.•.Q.Q.O.A..O.O ~realty,said real estate being located in ..
Borough of East Washington,Washington County,Pennsylvania
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The decedent's legatees and devisees are as follows:
NAME -RELATIONSHIP RESIDENCEr
Lloyds Bank California,
Domiciliary Executor:fOr the Estate
of Rose Q.Ferraro,also known as
Rose Ferraro.Letters Testamentar
~aving been granted to them by the
c::"~e rior Conrt of the StatP.of
California for the County of Alameda
Mav 15 1975
Testator has J19..t..married and N".Q Ghildren have been born since the
execution of the will offered for probate.April 6,1973,and Certificate of
Petitioner prays that the paper wTiting filed herewith dated.....:~~.~0.~.~E.~~.~.~.~~~..!..~.9.~..g.~.~..~.~.y..~~.~..~y~:meda2
s.:te of Ca~lfornl:a Ancillary
may be admitted to probate as the last \Vill and Testament of said decedent,and to grant ;Letters Testamen-
tary thereon to ~.~.~!.~.~..:~~.~.L ..~.~.:~.~___.__.._..
B.EfJk··~··········
.P1.s sistant VIce Pre sldent
Sworn 1.0 'lI1el sub~cribcd hefore me this }).::?~.
whose postoffice address is :%.Q ?'?.~th..M9.-.~g...§.t!..~.y..t..t.•.w..9.-.~h~g,gt9..n~p..~..g,n.§.¥.ly.gH1.t.~_ _..
Mellon Bank,N.A.,Successor by
Merger to Mellon National Bank
and Trust Company
•-:>..day of.!~!.Y.~A.D.19 I~..
.................~.~:-;.
CO:\11\'toN\VEALTfI OF PENNSYLVANIA,}SS.
WASHINGTON COUNTY,..Arlie W.Ott,Assistant Vice President
And now .J..Wl~y.~J.l ,19 7.:~,comes ~~U..::<?~.:.~~.~.,N"::.!.\.~: .
who being duly sworn doth depose and say that...:H will weWand truly aClminlstef-thegooos and chat-
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tels,rights and credits of ~.~.~.~~.~~.~.~;:.~'f.:?.~..-;~!.~.t.~~.~~~!.~.~.£eE.~;;",;deceased,
to the best of .......~~.?....skiU-,ancLjudgment .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 l.~1.y..A.D.19 7.2 .
~.'....................:f~~::-:::..
Register /;J-7 t!-
Mellon Bank,N .A.-~__~-:-r~,_-~~'"..~
By:'_
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202-':>82 -r -CERTIFICATE OF
e
AUTHENTICATION
STATE OF CALIFORNIA,}COUNTY OF ALAMEDA.ss.
CLERK'S CERTIFICATE OF ATTESTATION
I,RENE C.DAVIDSON,County Clerk of the County of Alameda,State of California,and ex officio Clerk of the
Superior Court of the State of California in and for the County of Alameda,do hereby certify the annexed cop.j.~.E>....
of w.:I~1..Qr.B.Q$.E Q r.E.EEh.EQ.______------..
............QEP..E.E...A.:QMI'J:rJJIy.W.l.L~T.Q P.B.QBA'J:E.~N.P fQB...LE.TTER.S TESTAMENTA.RY and __.
............Q;EtP..E..E..A~P.QJN.TJN.G RE:.fEBEE Jp.--.th~P.;t;'.Qp.!l.t~P.XQ~~.~d.i.ngi'i ~.nt.it.l.~d:__..
...........:g:.~.~?-.:t.~...<?J R.Q.Ej];Q~.__.r..E.EMEQ.'---.P~.~.~.~.E>.~.cL A(::.ti(:m..NQ.•...Ji::-.Q6.7.Jl.-::J __..
to be correct cop.i.e.s of the origina13 thereof,now remaining in and forming a part of the records of the
office of said Clerk.
In witness whereof I have hereunto set my hand and affixed the seal of said Superior Court.at Oakland,in the
County of Alameda,State of California,J.:u)-Y..?4,197.5 --.................".
(SEAL);;~~;t;,,;~c~~;;~~;;~~;;;£,&l;:~~<l;~~f;i;i~";~;~
of the Superior Court of the State of California in and for the County of Alameda.
STATE OF CALIFORNIA,}
COUNTY OF ALAMEDA.ss.CERTIFICATE OF JUDGE
I,__..G.E.Q;EtGE...'W,P.HILLIP.S.".JR..__,__,Presiding Judge of the Superior Court of the State
of California in and for the County of Alameda,do hereby certify that Rene C.Davidson,who signed the foregoing Certificate
of Attestation,now is,and was at the time of the signing and sealing of the said Certificate,the duly elected and qual-
ified County Clerk of the County of Alameda,State of California,and ex officio Clerk of the Superior Court of the
State of California in and for the County of Alameda;that he was the legal keer;er of the records and seal of said
Superior Court;that his signature,as it appears signed to the said Certificate of Attestation,is his genuine signature;
that the seal affixed to said Certificate of Attestation is the seal of said Superior Court.and that the attestation is in due
form of law and by the proper officer.
f California
..
SuperioV\...Court to be affixed at,,~~."-
....,19__~__•.~\
d caused the seal o~~id:J ?n ')~-',~..~..~..ocl\l...1Yt...~:;'.).97.5.\,\:.-,."''1''.~~-'·i'<··"·,:.i ~\....-.~_....,,\1 ..,.:....
Presiding Judge of the Superior Court of tl:!.e S'
in and for the County of Alameda.
In witness whereof I have hereunto set my hand
(SEAL)
Oakland,in the County of Alameda.State of California,
STATE OF CALIFORNIA.}COUNTY OF ALAMEDA.ss.CERTIFICATE OF CLERK
I,RENE C.DA VIDSON,County Clerk of the County of Alameda,State of California,and ex officio Clerk.of the
Superior Court of the State of California in and for the County of Alameda,do hereby certify that........__........
__GEQRGE W EHILLIPS.,JR+.,.,who signed the foregoing Certificate,now is,and was at the time of
the signing and sealing of the said Certificate,Presiding Judge of the Superior Court of the State of California in and for
the County of Alameda,duly commissioned and qualified;that said SU!'lerior Court is a court of record of the State of
California and has a seal;that the seal affixed to the foregoing certificate is the seal of said Superior Court and that the
signature of said Judge,as it appears signed to the said certificate,is his genuine signature.
In witness whereof I have hereunto set my hand and affixed the seal of said Superior Court,at Oakland,in the
County of Alameda,
(SEAL)
State of califomia,........JU1Y24,'~75~:~~~\~..:.
County Clerk of the County of Alameda,State of California,and ex officio Clerk
of the Superior Court of the State of California in and for the County of Alameda.
202-952,-
"~'~r:-.~.•:"ddr~:Ss ~:la;Tdqh~n~:\0.of ;.ttor:1~Y(5)Sp:.c~3c;ow ~'or U.:;C o~COi;;t C:cr~On;y
J'OS2PE ~7~~:~AG!..JER
p or.0 v Eo:{203[:
C2S~~O Valley~Calif,
351-1000
Arrornl2Y (s)for Execut-e_:r-_
SUPERIOR COURT OF THE STr.TE OF Cf.L:FO:~NI;.-CO~TY OF ALAMEDA
Estate or
:.qOSE 0"
,as EOSE
as ;"1RS"
FSRP_u.RO 7 also )~no\!Jn
17'ER~~.1~O?2.1so J<.no'\>.rn
ROSE FERR.i.\PO
Dece2sed.
No.""f:"''''-;~'''-~-'-'''-':;'-'-'--'-...V\,.,.J.l..J....L..
ORDER ADMITTING WILL TO PROBATE
AND FOR LETTERS TESTAMENTARY
and
ORDER APPOI0JTING REFEREE
(Resident Decedent)
T 1-1e peti tion 0 f ---1..:L~).¥>0-£.__.L!,.;;.:~~~(-.-c..:~\.:.-=-r:[)J.'~-J.I..P~_------------------------------_-__---_----------------
for the p:o~at~of th~will of the decedent in the c.bov~entitled procl2eding and for l;::r~us ~es~aml2;)ra:y,car.:e
on rl2gularly for hearing this day.No person appeJ.:ed to contest thl2 peririon.·0:1 proof made to the satis-
faction of the court,th~~court finds that all notices of tbe bearing bave been'duly givl2n as required by law,
and tbat tbe facts alleged in tbe petition are true,and grants the petition as follows:
IT IS ORDERED AND ADJUDGED.that::-4'
1.Tbe above named decedent died on ..:..'-------./.1=-3.-:--75-----------,leaving an estate in this
state,and was tben a resident of the County of --m-.JI.l.arr.P(')a.,State of California.
2.Tbe documenL______filed berein,da.ted ---4-~.-.=-J3----------------------------------------------,____is _
(i./.,,)
admitted to probate as decedent's last will.
3.-LWyD.S__..Bll~~_cc_Q~l.:.~D..El'1.I.l~_
(N.m<(.)of .ppoi",,<(.))
//-
appointed execuL.c:c of decedent's last will,ar.d tbat lette:s testamentary issue to tbe------------}.-S--
(i./.,,)
1appointee._____upon taking tbe oath required by law .._
-----------------~_-_- - - -c001~.d--\~i _\-ceil.__i n..__"..z.iJ.l ._
':-i;,','...'••',);>,I:>_1.,
i,
IT IS .FURTHER ORDERED that
~,'
·..Jr.,\'_,.,'~i '-:ti..J_'::,
a.n inheritance tax referee in and for the above na::lec county,is appointed referee berein to make an
appraisement of tbe estate of said decedent and submit his report as provided by law.
"f.f\'(1 ,...10-:"Dated J!I:'i ;)...'I::J---------------------------------------
1ft.o.st..S~\P..'iJ
Judge
I(no bond requited.((cite:without bond.,~id wiU 10 providing.
If hor.d rHj,.lircd.eccitc;~nd .ivir.~bond .ccordin(::to bw in the sum of $••.4 4 if n:ccutcd by an aUthoriz"d carpar.,'c ,urcey or in twice th.lt
lum if (xHured by individu.l ,urHiu.:1 Form ;.~;>roved by the
J.di,i.l Cvur.rd vi C.lilorni•.9-61.ORDER ADMITTING WILL AND FOR LETT.TEST..etc.
Prob.C.S,,,.329.~81.5~1.005.
R($T C.1i 501.<t "'I.;<I<.
I
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O:::CEAS:::D
CASE :\UM5E:R
~\~~.:.::.::~::~\5TATc OF CALIFORNIA,County of _
The 1::st wiil of the ::.'oon m.::-.ec:...,cecece;lt h::vil'.g been proved in the ::.tove entitled coun.
isw!:o _
thereof.
na;.lec therein as such,:.._;.:.2,hereby appoi.nrea execut _c..=':::=--_
Wit:less,_:_'(_:=--_'._':-_·'_C_·_o_:C_..,_:_·t_::_:~_.~_;_::,_~;_:----I clerk of t:1C ~'oove entitled court,with the seal of the coun affixed.
(Seal)
3y ordei of the ;:Ol.::t.•':-"-1 -,'-.~.',--__- :
•.•-..I '>0 ..-,County Clerk a"d
Ce.:<of the Supe.io~Court of tr.e State of California
for the CO\,;;1ty of --=.!':..:'-'::.:',r-=.::-':.....:..:,':'-=.~..:.:J:.:..~•_
3y \:......:.....-'-:.....-_,_=-..;.:'.:.,'-,!_"_''''''-=.~:",,:,,:'_';...l;~'J'-_
DEPUTY
Af?IRY~.t..TlON
I,as r.o D0 i'.=T~'.~.~:::::.-.Tr\,;s:Officer of Lloyds Bank Califomia,a corporation,
for and on behalf of SJid corporation,so!emi.ly affirm tn:::said corporation will perform,accord in;;,0 10.\\',the
Gu:ic:s of Executor of tne Last Will of the above named ciecedcnt.
Executed or.(/(:,I/7 ~----__-'-,.:-'--';......::--'~~.•:?ot ___=_~_:._:1_~_'~:"'_·_=_·.~_.,-_~_:;,,_~,_·c_'_")Clliro;nia.
/"-"•.'I-.~-:,-.'/'
.'....,oJ.-./,.0'."'-"'_~-"_
"".'
1$oltmnly affi~m th;;~I will perform,acco:dir,g to law.the dl,;~ics ofExecur _
:ibove named deccde:1t.
of tr.e Last Will of the
Executed on _•at Califomi:1.
CERTIFiCATION
·.~.
3
o
WILL
O?
ROSE Q.F~RRARO
I,ROSE Q.FZRR~RO,a reside~t of Alameda County,
California,declare that this is my Will.
6 FIRST:I revoke all Wills and Codicils that I have
7 previously made.
8 SECOKD:I am a widow.I have five children now
9
10
living whose niliues are YillRY F.KEm~ORTHY,CA~~LIA F.SEDENKA,
MICHAEL FERR~RO,RALPH J.FERRARO and HELEN F.SCARANO.
11 THIRD:I nominate and appoint the FIRST WESTE~~BANK
12 &TRUST CO~~ANY as Executor of this Will.The Executor shall'serve
13
19
20
21
22
without bond.
In the event th~t there be necessary any ancillary
probate proceedings in the State of Pennsylvania with respect to
property I own there,I appoint MELLON NATIONAL BANK as the
Executor.Said ancillary Executor shall serve without bond.
The term IIExecutor"as used in thi.s Will shall include
any personal representative of my estate.
I authorize my Executor to sell,with or without notice,
at either public or private sale,and to lease any property
belonging to my estate,subject only to such confirmation of court
23 as may be required by law.I further authorize my Executor on
25
26
27
28
29
30
31
32
any preliminary or final distribution of the property of my estate
to partition,allot and distribute my estate in kind,inclUding
undivided inte~ts in my estate or any part of it,or partly in
cash and partly in kind,or entirely in cash,in the absolute
discretion of my Executor.
My Executor shall have absolute discretion,but shall not
be required,to make adjustments in the rights of any beneficiaries,
or among the principal and income accounts,to compensate for the
consequences of any tax decision or election,or of any investment
--1--
"
·'o G
or adwinistra~iv2 decision,tnat ~y ~xecutor be~ieves nas had
2.~~~.e ef:::ect,di~ectly o~ind~rectly,of Dreferrina..~one D21e::iciary
3 or grou?0::beneficiaries over others.In determinins tte federal
4 estate and income tax liabilities of rlY estate,my Executor shall
5 have discretion to select the valuation date and to determine
6 whether any or all of the allowable admi~istration expenses in
7 my estate shall be used as federal estate tax deductions or as
S federal income tax deductions.
I further authorize my Executor to continue the operation
10 OT any business belonging to my estate for such time and in such
11 manner as my Executor may deem advisable and for the best interests
12 of my estate,or to sell or liquidate the business at such time
17 for any resulting losses.
13 and on such terms as my Executor may deem advisable and for the
14 best interests of estate.Any such operation,sale,my or
15 liquidation by my Executor,in good faith,shall be at the risk
18
of my estate and withou"c liabilities on the part of my Executor
I authorize that all inheritance,estate,or other death
19 taxes that may by reason of my death be attributable to my probate
20 estate or any portion of it,or to any property or transfers of
21 property outside my probate estate,shall be paid Dy my Executor
22 out of the residue of my estate disposed of by this Will without
23 adjustment a~ong the residuary beneficiaries,and shall not be
24 c~arged against or collected from any beneficiary of my probate
25 estate,or from any transferee or beneficiary of my property out-
26 side my probate estate.
27 FOURTH:I give all my jewelry,clothing,household
28 furniture and furnishings,personal automobiles,and other tangible
29 articles of a personal nature,or my interest in any such property,
30 not otherwise specifically disposed of by this Will or in any
31 other manner,together with any insurance ontne property,to my
32 daughter,J:I.ARY F.KEN"'wORTHY'.if she survives me by 180 days,and
o o
l=s~e coes not,~o ~y children who s~~vives me fo~that period
2 in equal shares as they shall agree,or as my Executor shall in
3 its discretion determine if my chilQ~en do not agree.
4 FIFTH:I make the following specific bequests:
5 To my daughter,IvLARY F.KENWORTHY'.my wedding ring,my
6 diili~ond engagement rlng,my fur jacket,my gold locket and the
7 balance of my sterling service re~aining in my possession at my
S death.
9 To my.grandson,Jkv~S DOUGLAS FERRARO,my cedar chest.
10 To my son,RALPH J.FERRARO,my mahogany rocker and
11 Italian cameo pin.
12 .To my daughter,CARJ.VlELIA F.SEDENKA,my birthstone ring,
13 being a garnet surrounded by diamonds.
15 ring and my string of pearls.
To my grandson,DAVID EARL FERRARO,my pearl and white
To my son,MICHAEL FERRARO,his choice of items remaining
HELEN F.SCARANO,my onyx with diamondTomydaughter,
18
1~
17 gold pin.
19 w~ong the balance of my personal effects.
20 In the event of a proposed sale of any real property I
21 may own in the State of Pennsylvania at the time of my death,I
22 give my son,MICHAEL FE~~RO,first right of refusal with respect
23 to the purchase of said property.
24 SIXTH:I give the residue of my estate as follows:
25
,
If my daughter,MARY F.KENWORTHY,survives me by 180
26 days,I give ten percent (10%)of the residue of my estate to her.
27 In the event my daughter,l".J\RY F.KENWORTHY'.does not survive me
28 for 180 days,said gift shall be held,administered and distributed
29 for the benefit of her issue who survive me by that period in
20 accordance with the terms and conditions relating to grandchildren
31 in the testa~entary trust hereinafter set forth.
32 I.give the remaining balance of my estate in trust to the
--3--
i~U o
FIRST WESTE~\B~~K &TRGST CO~~P~Y to be held,aG~inistered and
2.distributed as follows:-./
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S
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12
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.',.t.J j <2 16>u~<~..:z I.i.>.to,I::Z::\.:..0 W9)
r:...gOt:~\7w}-~<(/)<0<>o llo Uo!'t:'"l 0 __18c'"...<u
19
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1.The Trustee s~~ll divide the trust
estate into equal shares as follows:One share
for each child who survives me by 180 days and
one share for the then living lawful issue of
each deceased child of miLe~
2.Each share set aside for a living child,
except the share set aside for my daughter,
HELEN F.SCARfu~O,shall be distributed forthwith
to said child.The share set aside for my
daughter,HELEN ?SCARANO,shall be held,ad-
ministered and distributed as follows:Net in-
come fro~said share shall be distributed in
monthly or other convenient installments to or
used for the benefit of my daughter,HELEN F.
SCAR..:J\NO,during her life t::_me.Upon the death of
my daughter,EELEl-F.SCARl.\..NO,said share shall
~e distrinuted as set forth below.
3.If a child of mine dies before becoming
entitled to receive distribution of his entire
estate,the undistributed balaLce of his trust
shall thereupon be distributed to his o~her then
living issue,by rig~t of representation,or,if
there are none,to my then living issue,by right
of representation;provided,however,that if any
part of that balance would otherwise be distributed
to a person for whose benef~t a trust is then being
a~~inistered under this Will,that part sh-ll
instead be added to that trust and shall thereafter
be administered according to its terms,except
that any addition to a p~rtially distributed trust
shall augment proportionately the distributed and
the undistributed portions of the trust.
4.While any grandchild of mine is under the
age of 21 years,I direct the Trustee to hold,
administer,invest and reinvest such part of the
trust estate of said grandchild for his or her
benefit,and to apply so much of the net income and
such portion of the principal thereof as the Trustee,
~n its discretion,shall deem necessary for the
proper care,maintenance,support and education of
such minor,or,in the discretion of the Trustee,
to make such payments to the legal guardian of
such minor,or to the person wlthwhom such minor
may reside,or directly to s~ch minor,or otheDvise,
as the Trustee may,from time to time,deem advis-
able,and to accumulate for the benefit of such
minor any income not so applied or paid.Inexercis-
ing its discretion hereunder,the Trustee shall
take into consideration the ajility of the parents
of said grandchild to provide for him or her.
5.If at the time of my death,or at any
later time before full distribution of the trust
estate,all my issue are deceased and no other dis-
position of the property is di~ected by this Will,
--4--
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7
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32
tie tr~st est2te,or L~e ?ortion of it the~
re~2ini~g!shall t~ereu~o~De cistributed to
those ~ersons who woulc the~be my heirs,
their ide~tities anc respective shares to be
a.eteil'.ir..ed as t~_OUC:1 -;:''1 ceatj,1 11ad then occ~rred..J _
al:'c.accorc.ing to t~e la'i'ls of LIe State o£
California tten in effect relatina to the..J
succession of se~arate ?ro?erty not acquired
from a prececeased spouse.
6.If the payments from this trust to
which any beneficiarv at the time receivina
benefits hereunder i~entitled shall be in~uffi
cier..t in tne discretion of the Trustee,with
consideration by it of the income or other
resources of the beneficiary outside of this trust,
to provic.e for the reasonable support,care,
ec.~cation ana.comfort of such beneficiary,the
Trustee may pay to such beneficiary or apply for
his or her benefit so much of the principal as
the Trustee may deem proper or necessary for that
~urpose,but in the case of any beneficiary
such payments shall not exceed the principal set
aside for the benefit of such person,and shall be
deducted from it.
7.'Ivhenever provision is made for payment for
the lI e ducationll of a beneficiary,the term lleducationll
shall be construed to include college and post-
graduate study,so long as pursued to advantage
by the beneficiary,at an institution chosen by said
beneficiary;and in determining payments to be made
for such college or postgraduate education,the
Trustee shall taKe i~to consideration the related
living expenses of the beneficiary to the extent
that'they are reasonable.
8.The interest of any beneficiary in prin-
cipal or income of this trust shall not be subject
to claims of his or her creditors,or others,or
liable to attachment,execution or other process
of law,and no beneficiary shall have any right to
encumber,hypothecate or alienate his or her interest
in this trust in any manner.Provisions,if any,
for payment of periodic benefits,other than income,
to any beneficiary,shall become inoperable during
any period,and to the extent that,if paid,they
would become subject to enforceable claims of
creditors of the beneficiary.
9.Unless sooner terminated in accordance
with other provisions of this Will,each trust
created under this Will shall terminate 21 years
after the ceath of the last survivor of my issue
who are living at the time of my death.All prin-
cipal and undistributed income of any trust so
terminated shall be distributed to the then income
beneficiaries of that trust in the proportions
in which they are,at the time of termination,
entitled to receive the income;provided,ho\vever,
that if the rights to income are not then fixed
by the terms of the trust,distribution under
this clause shall be made by right of representation
--5--
·.
2
3
4
5
6
7
S
9
10
11
12
13
"0"14;:;L)c::-<'t
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....I>n:<2::;;;:0:<0",15<'"><"'0
"-1-Or t_0-<~~~g:?~~~u-;-16
"'z t:>;~I'"L:..01.:J~e.g 0,,-,17WI-r-b~(jj<~<>
0 ..uo"c::..,OI-lS01/)..<U
19
20
21
22
23
24
25
213
27
23
29
30
31
32
to SUCD iss~e of mine as are then entitled to
or aut~o~ized lD the discretion of t~e Trustee
to receive inco~e pa~ments,o~,if tnere are
no such issue of mine,in equal shares to those
beneficiaries wno are t~en entitled or authorized
to receive income payments.
POWERS OF THE TRUSTEE:
1.To continue to hold any property,in-
cluding shares of the stock of Trustee and to
operate at the risk of the trust estate any
business that the Trustee receives or acquires
under the trust as long as the Trustee deems
advisable;provided,however,that unproductive
or underproductive property shall not be held
as an asset of the trust for more than a reason-
able ti~e during the lifetime of my issue with-
out their consent.
2.To manage,control,grant options on,
s~ll (for cash or on deferred payments),convey,
exchange,partition,divide,improve and repair
trust property.
3.To lease trust property for terms within
or beyond the te.rm of the trust,and for any pur-
pose,including exploration for and removal of gas,
oil,and other minerals;and to enter into
community oil lease,paling and unitization
agreements.
4.To borrow money,and to encumber or
hypothecate trust property by mortgage,deed of
trust,pledge,or otherwise.
5.To carry,at the expense of the trust,
insurance of such kinds and in such ~~ounts as
the Trustee deems advisable to protect the trust
estate and the Trustee against any hazard.
6.To cowmence or defend any litigation
with respect to the trust or any property of the
trust estate as the Trustee may deem advisable,
at the expense of the trust.
7.To compromise or otherwise adjust any
claims or litigation against or in favor of the
trust.
8.To invest and reinvest the trust estate
in every kind or property,real,personal or mixed,
and every kind of investment,specifically includ-
ing,but not by way of limitation,corporate
obligations of every kind,stocks,preferred or
corr®on,shares of investment trusts,investment
companies,and mutual funds,and mortgage partici-
pations,which men of prudence,discretion and
intelligence acquire for their own account,and
any common trust funds administered by the Trustee.
9.With nspect to securities held in trust,
--6--
- --_._,._----~------------~-------~._----_.._,---------------
./
I/
2-
3
4
5
6
7
8
9
10
<•• I
12
13
'".,14L1~"W "Cl
I n <O~0 15"<t:-'x 0
T>-C ~g-<co
~~"'<0 16uu-
z :-;;IC::-~~o..~0 :;17w,.>-<(f)<">0
0 ..9.,,.18"<u
19
20
21
22
23
24
25
26
27
28
2S
20
31
32
,r-...,\
U
to have all the ri~hts,powers a~c privileges
of an owner,includ~ng b~t ~ot ~y way of
limitation,the ?o~er to vo~e,give proxies,
and pay assessmentsi to ?artici?ate in voting
trusts,pooling agree~e~ts,foreclosures,re-
organizations,consolidatio~s/mergers,liquida-
tions,sales and leases,and incident to suc~
participation,to deposit securities with and
transfer title to any protective or other
committee on such terms as the Trustee may deem
advisablei and to exercise or sell stocK sub-
scription or conversion rights.
10.Except as ot~eDvise specifically provided
in this Will,the determination of all matters
with respect to which is principal and income of
the trust estate and the apportionment and alloca-
tion of receipts and expenses between these accounts
shall be governed by the provisions of the
California Principal and Income Law from time to
time existing.Any of such matters not provided
for either in this Will or in the PrinciDal and~~
Income Law shall be determined by the Trustee in
the discretion of the 7rustee.
11.In any case in which the Trustee is
required,pursuant to the provisions of the trust,
to divide any trust property into parts or shares
for the purpose of distribution,or otherwise,
the Trustee is authorized,in the absolute dis-
cretion of the Trustee to ma~e division and distri-
bution in kind,including undivided interests
in any property,or partly in kind and partly in
money,and for this purpose to make such sales of
the trust property as the Trustee may deem necessary
on such terms and conditions as the Trustee shall
see fit.
GENERAL PROVISIONS:
1.The Trustee in the discretion of the
Trustee may make payments to a minor or other
beneficiary under disability by making payments to
the guardian of his or her person,or the Trustee
may apply payments directly for the benefit of the
beneficiary.The Trustee,in its discret~on,may
make payments directly to a minor if,in the
judgment of the Trustee,he or she is of suffi-
cient age and maturity to spend the money properly.
2.There need be no physical segregation or
Qlvision of the various trusts except as segrega-
tion or division may be required by the termination
of any of the trusts,but the Trustee shall keep
separate accounts for the different undivided
interests.
3.Anything in this Will to the contrary not-
withsta~ding,the Trustee shall exercise powe~s
and discre~ions only in a manner consistent with
the allowance of the full federal estate tax
marital deduction to which my estate shall otherwise
be entitled.
--7--
------------
e.
2
4.:Y"
is reauirec.
e..r.a eppoir.t
~~e eve~~~n~~e successor Trus~ee
~o efu~inis~er th~s tr~s~,I nominate
BA:-;I<:O?.:c"':'<.2J.ICA i'T.i:.T:LO:ViL TRuST p.~D
3
4
5
6
7
a
10
SAVI~GS ASSOCIATIO~as s~ccessor ~rustee.P~y
s~ccesso:::-~:::-us~ee stall be vested wi~n all the
ciu::'ies,rig~~~s,titles and pOi;jers,\'ihet!1er QlS-
cretio~ary or o~~erwise,as if originally Demed
as 7rustee.No successor Tr~stee s~all De per-
sonally liable for any act or failure to act of
any predecessor Trustee,and with t~e approval
of the persons or person who are,or in the dis-
cretion of the Trustee may be,then entitled to
income (the parent,guardian or conservator to
act for any person u~der disability),the successor
TrLstee may accept the account rendered and the
property delivered by the predecessor Trustee as
a ful~and co~plete discharge to the predecessor
Trustee,without incurr~ng any liability for so
doiYlg.
11 COMPE~SATION OF THE TRUSTEE:
17 manner,directly or indirectly,contests or attacks this Will or
18 any of its provisions,any share or interest in my estate given
The Trustee shall be entitled to reasonable
compensation for its ordina:::-y services hereunder,
for any extraordinary services performed by it,
and for all services in connection with the ter-
mination or revo~ation of this trust in whole or
in part.
If any beneficiary under this Will in anySEVENTH:
14
13
12.
15
19 to that contesting beneficiary under this Will is revoked and shall
20 be disposed of in the same manner provided herein as if that
21 contesting beneficiary had predeceased me without issue.
22 I subscribe my name to this Will this t f-{
,{7''day of
23 1973,at .--"::::>").~I /•.)J -• •>,/'"!..!.......'"/......'.;....{,
24
25
26
28
20 (/
31
32
--8~-
'.,~.
\...J o
2
3
4
5
6 Tie foregoi~g instr~.en~,consis~ing of nine (9)pages,
7 including this page,was at the date hereof,by ROSE Q.FERRARO,
a signed as and decla=ed to be her Will in the presence of us who,
9 at her request and in her presence and in the presence of each
10 other,have subscribed our n~~es as wi~nesses thereto.Each of
us observed the signing of this Will by ROSE Q.FERRARO and by
12 ~each other subscribing witness and knows that each signature is
13 the true signature of the person whose name was signed.
18 is true and correct.
16 misrepresentation,or undue influence.
15 she is of sound mind a~d is not acting under duress,menace,fraud,
At this time,
We declare under penalty of perjury that the foregoing
We are acquainted with ROSE Q.FERRARO.14
24
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/.;.J,~uResidingat
Executed on
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20 calyqrnia.i ;1 J
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Residing at
23
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