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HomeMy WebLinkAbout1160_FLAHERTY_WALTER_121_115_08-12-1975_09-18-1975-. .~ //60 t,J-1j-:CjJl1 WILL OF WALTER T.FLAHERTY And now September 18,1975,it being adjudged that said will has been proved, it is hereby admitted to probate and ordered to be recorded and Letters Tes- tamentary are iS$~ed to Estella M.FlaH herty in said testament named who was duly qualified. Russell Marino,Register D.A.Murdoch,Esq • KIRKPATRICK,LOCKHART,JOHNSON &HUTCHISON 1500 OLIVER BUILDING PITTSBURGH,PA.15222 ,-.VG~/AJ fJr;//j-: 63-75.-947 Applirution for ~rnbate of 11tl1 uf..WA11:~.R :r...f1AB.~gr.X.. ____.late of Mc.D.Qna.l.d ,Washington County, Pennsylvania deceased,and (/])1'«111 uf i£1'tt1'r!l Wl'litullt1'utury. REGISTER'S OFFICE,(. WASHINGTON COUNTY,rSS.. Before the Register of Wills of vVushington County,personally appearecl E.~.t.e.1.1a M F..lahert.y.who being duly sworn says that...W.~.tt~.r.....:r...:¥..l9,..h.~.I.ty late resident of .Mc.D.Qna.ld ~,Washington County,Pennsylvania,a citizen of..U S A.died testate at b.Qm.~on the J:.2.t.hlay of hJJ,gu.s..t A.D.19.7.5 .. at..o'cIock.m.,age ?)leaving an estate of the estimated value of $P.nd~.t.~.1.Jllin~.d .. 1'·d $I ()N £l'd lb'1 d .persona Ity,an p rea ty,SUI rea estate emg ocate m . The decedent's legatees and devisees are as follows: NAME RELATIO:-ISHIl'RESIDENCE Estella M.Flaherty.208 W.LinC'olr rAvenue,McDonald,Pa.Wife..I - - I Testator has JJ:Q.t.married and nQ chl1dren have been born since the exe..cution of the will offered for probate. P ..'h he.. .fiI d h·.'h d d Augus t ':11 19 Z1etitionerpra)stat t e pap,-l wrItIng e ere\\It ate ~:l ~.. may be admitted to probate as the last Will and Testament of said decedent,and to grant Letters Testamen- tary thereon to ~.~.~.E7..~J~~.:¥..1.~h.~E.t.Y..__~~"~"_.. whose postofficc address is ~.9..~W..~~.t.B.~.9.Jg,..Ay..E7.p.Y.-.~.,~~p.9.p.~J.9:.l._.r..e ..~~.?.Q.?..?... Sworn to and subscribed before me this J.B.. day of..~.~.P..~.~.~.!?~.~A.D,19 7..5. ...............~·~~=..m'- Heg'istt:r J COMMONViT.EALTH OF PENNSYLVANIA,}SS. WASHINGTON COUNTY,.. And now .1§§.~.p.t..~.mQ.~.;r.,19.7.5.,comes E..§.t.f),.l.l~M .F..l~he..r.t.y., who being duly sworn doth depose and say that she.will weli and truly administer the goods and chat- tels,rights and credits of ~.f:.:~.'J..:~.g,I..:f.~g~.~;'f:X ,,dcceased, to the best of ......h.~J:..skill and judgment in strict compliance with the laws of this Commonwealth,mind- day of ~.~.P.J~.mQ~.r.A.D.19 7..5- ~.o '...............,~..,..,<:- Register ful of the laws relating to inheritance taxes.. Sworn and subscribed before me this +...a ..8~M..~.t. ~ >.v;::: 1-0 ~ 0.........-< ~~~\~{).) (]I ~ F\LE'D,bOO"I ~C\')~~I I ~~'"elr-lr-l<'J33Hj:QLf) ~tv '~~I ! nti \0 ~r-l 'II '" : '"is SEP'\8 0'-lJ : ! Cf.ls:l'i ~ "'mrn :II "c J .~~! lYI v l-lP-l o : \J'I ril: '"ell ~0 : ""~~::c:l "0 : ..i ~,H~n\fW ::r::~o! Q <:~ Iiro Rus Stl.-·I ~W!J I S 0l-l,..c:\O -at H1 ~r-l! Clf'i.r,l"IL,.••~0 bO\O .-.~!OJ co: I IiEGIv ';"L:('0 PA.Ol-ll .-.iO s:l!I ~r-l::Jr-l-Hi 0:"Cl WASHIN:.....,~I " <~,.o\O ~!OJ i ~rJ)<'J ~!0:....., I I ,..c:-lJ ~!§ ~-lJ-lJ rill ~ H Lf)'rl Hi 0 ~<'JP-l Hi .....CIl~i 0 ~<:5OJ .!OJ <oJ .....,.....,I::1d OJ ~~~ .~ J "63-75-947 4: (!1nmmnumraltl1 nf 'ruullyluauta 11llhtlll1tugtnu <l1nuuty.!ill: BE IT REMEMBERED,That upon this 1B.day of $.~.p..'!1.~.m.9.~.;r.. 19 7..5..,before me R.u.a.~~.1.1 J':1a.r..in.Q Register for the probate of Wills and granting Letters of Administration within and for said county,came . .........................................Ale.x L.•....W¥ke ,'S.r.a.n.d Ma.r.i.e G.•....Wy.k.e... ............................................................................................................the subscribing witnesses to the foregoing attached Will of ........................................."":!..~..?:-:~.~.!'~..~~.~.?-.9:~.r.y..y.. deceased,who,after being duly qualified according to law,depose and say:That they were present at the execution of said Will-saw the testat..o.I!sign the same-heard ,him publish it as and for .........h.i.S .last Will and Testament;that they at...b.iS request,in hi.a presence,and in the presence of each other,subscribed their names thereto as witnesses;and at the time of the doing thereof said testat....Qr.was of sound,disposing mind,memory and understanding,to the best of the affiants' knowledge and belief. Sworn and Subscribed Before Me ,~1/~.....".~............Register /'??....................... ,~2 ..a~£:..7dd:~€.:di\..~~._rHdCt;/-p~D..~(?Y~ryl2e-... ~. ****WILL **** I,WALTER T.FLAHERTY,of the Borough of MCDonald,Washington 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 tangible personal property to my wife,ESTELLA M.FLAHERTY,if she survives me for a period of 60 days.If she does not so survive me,I give to my wife's nephews,GEORGE MILLER,JR.,of McDonald, Pennsylvania and WILLIAM FEm~ICK,of McDonald,Pennsylvania and my wife's niece,MRS.JERRY O'CALLOHAN,formerly Miss Mary Lou Miller,of Palatine,Illinois,if then living, so much of said property as they may each select,and any unselected items shall be sold and the proceeds distributed as part of the rest of my estate.The person having custody of any minor child may assist in selecting said child's share and may receipt therefor to my Executor without giving bond. THIRD:All the residue of my estate I give to my wife,ESTELLA M.FLAHERTY,if she survives me.If she does not survive me,I give said residue in equal shares to GEORGE MILLER,JR.,WILLIAM FENWICK,and MRS.JERRY O'CALLOHAN,above mentioned in Article SECOND of this my Will.In the event that any of said nephews or niece fail to survive me,I give the share of said deceased nephew or niece to his or her issue per stirpes,but if there be no such issue,then I give such share equally per stirpes to the survivor or survivors of such nephews and niece and the surviving issue of any nephew or niece who is then deceased.If I am not survived by said nephews or niece or by any issue of said nephews or niece,I give said residue to those persons who would be entitled thereto if my wife and I had each owned 1/2 thereof and had both died at the time of my death,intestate,unmarried and domiciled in the Commonwealth of Pennsylvania. It is my specific intention to ~equeath the residue of my estate to my wife's nephews and my wife's niece and to the issue of my wife's nephews and my wife's niece,if my wife does not survive me,because of the support and comfort which my wife's nephews and my wife's niece have given me during my lifetime. For the purposes of this Will,adopted child- ren shall be considered the natural children of the adopting parents,regardless of the date of adoption. FOURTH:I appoint my wife,ESTELLA M.FLAHERTY, Executrix of this my Will.In case of her inability or unwillingness to act or to continue as my Executrix, I appoint my wife's nephew WILLIAM FEl\JWICK,of McDonald, Pennsylvania,Executor.I give to my said Executrix or Executor,in addition to the authority conferred by law, the power to sell any or all of my property,real or personal,at public or private sale,at such time and for such price and upon such terms and conditions as she or he may see fit,or in her or his discretion to - 2 - retain the same for distribution in kind,and the power, but not the duty,to invest any cash without being limited to "legall'investments. No bond shall be required of any fiduciary hereunder in any jurisdiction. FIFTH:I direct my Executrix or Executor to claim any expenses of administration of my estate as income tax deductions upon an income tax return or returns when- ever in her or his sole judgment such action will achieve an overall reduction in the total income and death taxes. No compensating adjustments between income and principal shall be made as a result of such action.I also authorize my Executrix or Executor to join with my wife or her per- sonal representative in the filing of a joint income 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 Federal gift tax purposes, to having gifts made by my wife during my lifetime treated as having been made half by me. SIXTH: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 otherwise,shall at any time be required to contribute to or refund any part thereof. - 3 - SEVENTH:I appoint my wife's nephew,WILLIAM FENWICK,of McDonald,Pennsylvania guardian of the estate of any minor receiving any sums of money,real property or other intangible personal property free of trust by reason of my death,if such property is in excess of the amount which may be paid to the natural guardian;and I authorize said guardian,in his sole discretion and with- out order of court,to retain such property in kind or to sell the same,giving good title to any real estate, to invest and reinvest without being limited to "leg~l" investments and to use both income and principal for the minor's comfortable support and education,including college expenses. IN WITNESS WHEREOF,I have hereunto set my hand and seal thiSil~~day of ~31 ,1971. ~;L"J,2.a1t.~(SEAL) ., Signed,sealed,published and declared by WALTER T.FLAHERTY,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 each other,have hereunto subscribed our names as witnesses hereto. ~7Lr~b Address:1./1-cc"tJ'f..iu If /J-Cr J)JI ~/--9 ox!-If (!)I --:J t:L .. j v ; - 4 -