HomeMy WebLinkAbout1194_FARQUHAR_RUTH_125_175_04-07-1977_05-03-1977//9+.~..
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RUTH FARQUHAR
And now May 3,1977,it being ad-
judged that said will has been
proved,it is aereby admitted to
probate and ordered to be recorded
and Letters Testamentary are issued
to M~llon Ba~k,N.A,in said testa-
ment named.who was duly qualified/
Harvey Stuart;Register
S.BARRY ANDERSON
ATTORNEY AT LAW
\Jo L /~s-P&/7S-
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i\ppltratiult fur tIrllbull~uf lrlllill uf.Rl!..TH...f.h.B..Q.l}B.h.B.l ?J~I.~.B.Y.:r.H $..
EARQ.uHAR...Jate of..~.~.~Y...?u~.?~?~g.~.~.~.~.~,Wasl\ington County,
Pcnnsyhjlllia deceased,and <J;;runt III Kl'th'flt ltl'liIUllIrtlluq\.
REGIS"l'ER'.S OFFICE,t.SS.'.vVASIII~GTO.i\COUNTY,.f 63-77-492
Before the Register of 'VilIs of vVashington
Mellon Bank,N.A.,represented by Laurence C.
County,personall y nppcarec1 !.\~~~~~::.~.?!.\.~.~~.~~.~.r2!!..~.~.~.~..g.~.~.~E.~E M w h 0 being
duly sworn says tl\at..~.~~~...f..~E9~h~I.l fAi.~Li;l;..B..1J1h...;?.~.F..9-.:r..g.lJh.9-.:r.late resident of
C.it¥a£..!':1.9.D.9.D.g§;b.~J§;,\Vashington County,Pennsylvania,a citizen of U.~;?.t f.\.,died
testate at...l.Q.l.8 Iho.mas S.t .,...Monong.aheJ.a.,.P..a~on the l~b day of...6.I?r.U A.D.19.7..7...
at...?o'cIock..P..~m.,age leaving an estate of the estimated value of $~.r.g.~.t.~.f.m.tng.g ..
I·-d $undetermine l'd lb'I .d'Cit"o'persona Ity,an rea ty,Sal rea estate elng ocate In !..
Monongahela,County of Washington,Pennsylvania,known as 1018 Thomas Street,
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The decedent's leghtees and devisees are as follows:
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NAME RELATIO;\SHIP RESIDENCE
~J 401 McKean Avenue.-
Susanne Ruth Gee l.r ,
'",r Donora,PA 15033<=>769 Warrick Drive
Henry S utman Nephew Sheffield Lake,OH 44054
Martha Krepps 908 Chess Street
None Monongahela,PA 15063
Robert Sutman 202 Jefferson Avenue
Nephew Westfield,NY 07090
Mellon Bank,N.A.,Trustee 40 South Main StreetNone'IT ashinQ'ton PA 15301
Testator has naL.married and D.9.children have been born since the
execution of the will offered for probate.
Petitioner prays that the paper writing filed herewith dated 6.~.g~.~.t P..LJ.2~~.I 9;!}~..~.9.gJ5:.u g.~.t.~.g .
October 9,1965,
may be admitted to probate as the last \Vill and Testament of said decedent,and to gra~t ~tters Testamen-
tary thereon to !':1.~JJ.9.D...!;}.f!.D.~J N..~.6..~__..
whose postoffice adoress is ~.~~..?~~~..~.~.~.~~~E.~.~.~.!~.~.~.~.~.~.g.~.?~.?!:.~D.n 5 y~~~:.:~~J.?2gL .
~".~:,0t'md s~bsc 'ibcd before me thid!~.Mellon,B~aA.;t?~~,1j','".....A.D.1922'.·f.ly.·::::;;~;;siant'~s·i··6Ifrc·er·"..· . .
...~..~""~7J""~7··Z ..:L2..L :"'=L-/,../HCglbttfr.--'X·_.
COMMONvVEALTll OF PENNSYLVANIA,}ss .
vVASlllNGTON COUNTY,..
.J f!.Mellon ~ank,~.A.,represent.ed by L.C.
And IlOW A.p.r:ll 0 ,19 '1.'1.,conles..Addl~man.,...l.t.S..A.S.Sl.s.t.ant..T.r.us.t..Oifi.c.e.r ..
who being duly sworn doth depose and say that..will well and truly administer the goods and chat-
tels,rights and credits of...~.~~~..X.~~.9.~.~.~::..~~!..~L~..:'3:~~~~.:f..~E.9.~~.~E ~·_deceased,
to the best of skill and judgment in strict compliance with the laws of this Commonwealth,mind-
ful of the la""s relating to inheritance taxes..
Sworn and subscribed before me thiS ~~..
~..A.D.19.7.7......day f.Jrt.P.];.1...~.~~d ~u..~..=.".""".".."-"."".7J,~~(L""""ij """;""7'''''t fu._K"
Mellon Bank,N.A•
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63-77-492
O.lnunty nf llIull1]ingtnn,1l1l.
Register's Office,..3.~.~y.A.D.19 .7..7..
Personally appeared Q.9:~.;r.l~.§w.Il Q.~.mp..Q~.ll one of the subscribing witnesses to
the foregoing last will and testament of R~.~h:f.~.r..qP.J}~.r.........................................................deceased,
and on hJ.~solemn Q.at.h did say that..M was present,and did see and hear
.....................RQ:t.b F..ar.q.uhar.,Deceased,the testat.r.ix therein named,sign,seal,publish
and declare the same as and for tt~;r.last will and testament,and that at the doing thereof
......~.9:~was of sound disposing mind,memory and understanding,to the best of the affiants'knowledge
and belief.
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......~~9..~.~............................................................and subscribed
before me the day and year aforesaid.
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63-77-492
mnuuty nf llfan4tugtnu,nn.
REGISTER'S OFFICE.?.9 A.p~JJ A.D.19..7.7...
Personally appeared ~~.P.'!.~..~R.:9..h~..~.§!.~..Q.;r.Q}J,g,h ~.P..g $...~~~pr.y..An.g~.;r.~.o.n ..
who,after being duly qualified according to law,deposes and say that they are well acquainted with the handwriting of
rix........................................................................~~~.~.!:?:~.~.~.q~.~~.~,Deceased,TestatcJC to the foregoing
Will dated ~.3...~~.g~.~..t 19 6.4,and that the signature
Ruth Farquhar ,~~~~.H-wr~iJll,is inXlXJCir herofsaid.
own proper handwriting,as they,the affiants,verily believe.
Also,that the subscribing witnesses are not now within this jurisdiction.
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S·~.~B!.Y~.~............Z~'B'~.~d:-:7~~~'!!..~·····················RUSSELL MARINO,Register
.....9..¥..Q.:r..D............................................................................and subscribed
before me the day and year aforesaid.
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atnituty'nf llIlfUliq1ugtnuf lili.63-77-492
Register's Office ?9.!.':p;r.JJ.A.D.,19 .7.7...
Personally appeared ~.~~~.!.y..~.~~C?~~.~~.l'l.g the subscribing witnesses t'oElizabethDavison
Codicil No 9..~~under date of 9 Q.9.t.QP.~.:r.l9.~.5 to the fore-
~~;;;J;k7f(~.
/L..~'.LI /(······~:=>······IJti,.kg1-<dJ..4:.£:.~.
subscribedSworn
before me the day and year aforsaid.
~~m&;~mmm~2 tJ Registeyil
going last will and testament of .B.~.t.h.Y~PQ.'Yhg.r.deceased,
dated l.3 Augu.s.t 19 .64,and on t.h-.~.tr.solemn Q.l3,.tJ;-gL did say that
.....~.0-.~y !'!.~T.~pres ent,and did see and hear R.}.J.th J;~g.r.qJJJl~U:.·.
deceased,the testa t.r.;t~therein named,sign,publish and declare the same as and for a Codicil
to hEl.r .last will and testament,and that at the doing thereoL ~~~.
was of sound disposing mind,memory and understanding,to the best of the affiant's knowledge
./
and belief.
CODICIL TO MY WILL October 9,1965
I,RUTH FARQUHAR,being of sound mind,want my grand-
daughter,SUSANNE RUTH GEE,to have my rings.One is a small
dinner ring,another my diamond engagement ring,and another
my diamond and emerald engagement ring.
My nephew,HENRY SUTMAN,is to have the brown and white
antique meat platter.
I want MARTHA KREPPS to have the flowered decanters in
the breakfront •.
If my nephew,ROBERT SUTMAN,wants any of my household
bric-a-brac,he is to have it.
The furniture in the living room is mine,and the dresser
and chair and lamps in my bedroom,and the rug and mattress are
mine.The bed in the room SUSANNE RUTH GEE occupied is hers,
and I purchased it for her.The rest of the furniture belonged
to VIRGINIA ANNE GEE.
HELEN G.McKEE is to do as she pleases with my clothing
and costume jewelry and linens.
The television set is for SUSANNE RUTH GEE.
IN WITNESS WHEREOF,I have hereunto set my hand and seal
this ninth day of October,1965.
YXA "4 "'!1J.AAvt /(SEAL)
Signed,sealed,publi~hed and declared by RUTH FARQUHAR,
the Testatrix above named,as and for a Codicil to her Will in
the presence of us,who,at her reques in her presence and in
the presence of each other,have here to subscrib d our names
as witnesses hereto.
Address:
Address:
~.
I,RUTH FARQUHAR,of the City of Monongahela,County of
Washington,Commonwealth of 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 and bequeath so much of my tangible personal property
as she may select,together with any policies of insurance thereon,to my grand-
daughter,SUSANNE RUTH GEE.In the event my granddaughter is then a minor,
the person having custody of her may assist in selecting her share and may
receipt therefor to my Executor without giving bond.
THIRD:All the residue of my estate,real and personal and wherever
situate,I give,devise and bequeath to MELLON NATIONAL BANK AND TRUST
COMPANY,IN TRUST,NEVERTHELESS,for the following use.s and purposes:
(A)The Trustee shall hold,manage,inve st and reinvest said Trust
Estate and shall distribute the net income (hereinafter called "Incomel ')and
principal from time to time as follows:
(1)During the lifetime of my granddaughter,SUSANNE RUTH GEE,if
she survives me,the Trustee shall pay the Income quarter-annually to her or
for her benefit.The Trustee shall also use so much of the principal as may in
its opinion be advisable therefore,for the welfare,comfort,recreation,support
and education of my granddaughter,SUSANNE RUTH GEE.The Trustee shall
have complete discretion as to the use of Income and principal for my grand-
daughter and may pay sums to the person having custody of her,without liability
on the part of the Trustee to see to the application thereof,or directly to her
or for her benefit.In the event of the death of my granddaughter while a bene-
ficiary of this trust,the Trustee is authorized in its discretion to pay part or all
of her funeral expenses.
(2)Upon the death of my granddaughter,SUSANNE RUTH GEE,or
upon my death in the event she fails to .survive me,the Trustee shall distribute
the Income quarter-annually to or for the benefit of my sister,ANNA 1.SUTMAN,
if then living,and if my sister is not then living,or upon the death of my sister
if she survives my granddaughter and me,the Trust shall terminate and the entire
principal and Income of the Trust Estate shall be distributed to the surviving issue
of my granddaughter,SUSANNE RUTH GEE,per stirpes,and in default of such
issue,to the SALVATION ARMY.
(3)In the event that any payment of Income hereinbefore authorized
to be made to any beneficiary shall be insufficient in the opinion of the Trustee to
provide for the welfare,comfort,recreation,support and education of such bene-
ficiary and members of his or her immediate family,the Trustee is authorized
in its discretion to use from time to time so much of the principal of the trust
from which such beneficiary is then entitled to receive Income as may in the
opinion of the Trustee be advisable therefor,and in the event of the death of any
beneficiary,the Trustee is authorized in its discretion to pay part or all of his
or her funeral expenses.
(B)If any beneficiary entitled to receive a share of principal here-
under shall be a minor,such share shall not be distributed to him or her,but
shall be retained by the Trustee until the beneficiary attains majority,at which
time the principal shall be paid to him or her free of trust.During such minority,
the Trustee shall pay so much of the Income and principal as it deems advisable
for said minorl s welfare,comfort,recreation,support and education to the per-
.son having custody of him or her,without liability on the part of the Trustee to
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see to the application thereof,or shall use it direct for such purposes,and
shall add the remaining Income to principal,to be invested as such.If such
beneficiary dies while a minor,the Trustee is authorized in its discretion to pay
part or all of his or her funeral expenses,and the remaining principal shall be
paid to the persons entitled to his or her personal estate;PROVIDED,however,
that the share thus accruing to the beneficiary of any other trust hereunder shall
be added to such other trust.
(C)The interests of the beneficiaries hereunder shall not be subject
to anticipation or to voluntary or involuntary alienation;and the principal and
Income shall be paid by the Trustee direct to or for the use of the beneficiary
entitled thereto,without regard to any as signment,order,attachment or claim
whatsoever.
(D)Income accrued on any property received by the Trustee either
at the inception of the trust or as an addition thereto shall be treated as Income
and not as principal.Upon the death of any beneficiary of Income,any undis-
tributed Income then held by the Trustee for such beneficiary shall be paid to
the person or persons for whose benefit the principal producing such Income is
continued in trust or to whom it is distributed under the terms hereof.Corporate
distributions received by the Trustee in the share s of the distributing corporation,
regardless of the number and however described or designated by the distributing
corporation,shall be deemed principal.
(E)In the administration of the trust herein created,the Trustee shall
have,in addition to and not in limitation of any authority given to it by law and
without the necessity of obtaining the consent of any court,the following powers:
to accept in distribution of my estate and to retain investments and property which
are a part of my estate;to invest and reinvest the principal of the Trust Estate in
any kind of property,real or personal,or part interest therein,exclusive of
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stocks of regulated inve stment companie s,without being restricted to inve st-
ments which are legal for trust funds;to give options for sales,leases and
exchanges;to borrow money;to sell,pledge,exchange or mortgage any real
or personal property;to compromise claims;to lease real or personal property
for terms exceeding five (5)years;to join in or oppose the merger,consolidation,
reorganization or readjustment of the financial structure of any firm or corpora-
tion in which the Trust Estate may have an interest;to carry securities in the
name of a nominee;and to distribute the Trust Estate either in cash or in kind.
(F)The Trustee may re sign at any time by petitioning a court of
competent jurisdiction to de signate and appoint a succes sor corporate Trustee.
In case of the merger or consolidation of the Trustee,the resultant company
shall become successor Trustee hereunder without notice to any party.
(G)The Trustee shall be entitled to receive annually compensation
for its services hereunder in accordance with its schedule of compensation
currently in effect when the services are performed,but not in excess of such
compensation as would be approved by a court of competent jurisdiction.
FOURTH:I appoint MELLON NATIONAL BANK AND TRUST COMPANY
Executor of this my Will,giving and granting to my Executor the same broad
powers of retention,sale,conversion,investment and management of my estate,
real and personal,as are granted to my Trustee under this Will,and in addition
the right to distribute my securities or other property in kind to my Trustee.
FIFTH:1£any property (other than tangible personal property)as to
which I am entitled to appoint a guardian shall pass free of trust to a minor by
reason of my death,I appoint MELLON NATIONAL BANK AND TRUST COM-
PANY guardian of the estate of said minor as to such property,authorizing such
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guardian,in its sole discretion and without order of court,to retain such property
in kind or to sell the same,giving good title to my real estate,to inve st and
reinvest in stocks,bonds or other inve stments without being limited to invest-
ments which are legal for a minor's funds and to use both income and principal
for the minor's welfare,comfort,recreation,support and education,including
preparatory,college and post-graduate or professional training.
SIXTH:I direct that all estate,inheritance and other taxes in the
nature thereof,together with any interest and penal ties thereon,becoming pay-
able 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 passing under
Article THIRD hereof;and no legatee or devisee or any person having a bene-
ficial intere st in any such property,whether under this Will or any Codicil
thereto or otherwise,shall at any time be required to refund any part of suc~
taxes.In the absolute discretion of my Executor such taxes may be paid imme-
diately,or the payment of taxes on future or remainder interests may be post-
poned until the time possession thereof accrues to the beneficiaries,in which
event such taxes shall be paid by the Trustee out of the principal of the trust
subject the reto.
IN WITNESS WHEREOF,I have hereunto set my hand and seal this
__I_~"",--__day of _..lo-(l,Q,.,~M~j~'~~~~I--__'1964.
Signed,sealed,published and declared by RUTH FARQUHAR,the
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(SEAL)
Testatrix above named,as and for her Will in the presence of us,who,at her
request,in her presence and in the presence of each other,have hereunto sub-
scribed our names as witnesses hereto.
Address:
Address:
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