HomeMy WebLinkAbout1202_FARRAR_JOHN_127_150-161_10-05-1977_10-14-1977j
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l)enngyllj'!lia deceascd,lind ()~rulllll!iLrUrril U'rlllltillflllarll.
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'VASl1l:\Vl'ON CUUNTY,f SS.:(0"-17-jilL}
Defore'the Hc(;istcr of \Vilb of \Vashinglon
.Nat.Bank
Count)·,personally :lppcarccl...)3J.!-lL_e.~_.f-~~L-.?§le.n ...~.:.....f..El:.:F.Af....E.[l.9...gi:tts1?YJ'..9Jlho bein~.
cluly sworn says thaL-.JqJln .c;;..~..Farr91:.._...__.._......__..._._.._.late resident of
____on the2.!:h ....day of..-99..tober __A.D.H1..11....
v,t 2 :aa .0'clock__E.~.,agc....JLQ.._Ie:iving an est:lte of the'estim:ltcd value of $...w_l::~kno~.._._..._...
.unknown l'd I'b'I d'Lee County,personalIty,and $...._..._...__._....rca ty,s:\I rea estate elng ocate 10.....__.__..._..._...-:-...•
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.'Ibe decedent's legatees and devisees are as follows:
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1 E~~1RitaS.Farrar wife W~!":h'naton p~
800 E.Beau St.Apt.Helen E.Farrar dauqhter Washington,PA 15301
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cxe-cutioll of the will ofTcred for proo:ltc.
Petitiollcr pr:,ys that the paper writil1F:file<1 hercwith chtcd ~.~~~E:.~~E ~.9..!..~.?-?.~_.
.m:lY he ;\C11l1iltl'tl to prol>:\tc :IS the last \Vill :lIlcl TntalllC'l1t of ~:Iicl dCCl'cknt,a~.cl to {;ralll L-tttcrs Tcstalllcll-
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BE IT REMEMBERED,That upon thi,.l.'fiJJ.:.day of ~.?.~9.~.~.~.
19 7..7..,before me g9!.:Y..~Y.~:t.'Y-.~;r.t Register for the probate of
Wills and granting Letters of Administration within and for said county,came .
Laura .Ann Donkin and L.a:w.X,'.~nQ.~R Z.e.w.e............................................................................................................................
............................................................................................................the subscribing witnesses to the foregoing attached Will of
......................................................................................'I.Qh.n..J;.."f..~;r..r.fLr..
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 9.!.:sign the same-heard bi.m publish it as and for
..........ht..!?.last Will and Testament;that they at..hiS request,in b.is presence,and in the
presence of each other,subscribed their names thereto as witnesses;and at the time of the doing thereof said
testat QX,'was of sound,disposing mind,memory and understanding,to the best of the affiants'
knowledge and belief.
Sworn and Subscribed Before Me ~/()Ju;;:=~~1~::·::··::::····:::·:··:··:
•..'-f
TNT:DKT:rw
LAST HILL Al"iD TESTAMENT
I,JOHN C.FARRAR,of Hashington County,Pennsylvania,
being of sound mind and memory do make,publish and declare this my
Last Will and Testament,hereby revoking and declaring null and void
any and all Wills and Codicils by me at any time heretofore made.
FIRST:I direct my Executors to pay my debts,the expenses
of my last illness and my funeral expenses.
SECOND:I give and bequeath all my jewelry,automobiles,
purely personal effects and household goods and equipment,together
with any existing insurance thereon,to my wife,RITA S.FARRAR,
if she survives me.
In the event my wife fails to survive me,I give
and bequeath the aforesaid items to my daughter,HELEN E.FARRAR,if
she survives me.
THIRD:If my wife,RITA S.FARRAR,survives me,I give,
devise and bequeath to my wife,RITA S.FARRAR,my daughter,HELEN E.
FARRAR,and PITTSBURGH NATIONAL BANK,Pittsburgh,Pennsylvania,as
Trustees,so much of my estate as will afford my estate the maximum allow-
able marital deduction under Federal Estate Tax Laws when this share of my
estate,so given,is considered with any and all other property of mine
passing or which has passed to my wife under the provisions of this Will or
otherwise,and which other property is included in the marital deduction
.'
allowed my estate.There shall be excluded from this devise and bequest
any assets which do not qualify for the marital deduction.The property
thus bequeathed shall be held as the Marital Trust as hereinafter provided.
In the event my wife and I should die either simultane-
ously or under circumstances which do not afford sufficient evidence as to
who was the survivor,it is my intention that it be presumed that my wife
survived me.
FOURTH:All the rest,residue and remainder of my estate remain-
ing after the payment of taxes as hereinafter provided,I give,devise and
bequeath to my said Trustees to be held as the Residuary Trust as hereinafter
provided.
FIFTli:My Trustees shall hold the Marital Trust and the Resid-
uary Trust in accordance with the following provisions:
1.TRUSTS.
A.1.My Trustees shall pay the net income from the
Marital Trust to my wife,RITA S.FARRAR,or for her benefit in install-
ments convenient to her but not less frequently than annually,for and
during her lifetime.During her lifetime,my wife shall have the right
to withdraw,consume,demand and receive,all or any part of the principal
of the Marital Trust,absolutely and free of trust,regardless of the pur-
pose of such withdrawal,and the trust created hereby shall terminate to
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the extent of each withdrawal so made.In addition to the foregoing provi-
sions,in the event of the incapacity of my wife through illness or other-
wise,my Trustees,other than my wife,shall be authorized to disburse to
her,or for her benefit,so much of the principal of the Marital Trust as
my Trustees,other than my wife,shall deem advisable for her comfort,
maintenance and support,and to aid her in the event of any circumstance
or condition affecting her wherein money is needed.
2.Upon the death of my wife,my Trustees shall
pay and distribute the then remaining principal of the Marital Trust as my
,vife shall appoint and direct by specific reference to this general power of
appointment in her Last Will and Testament,whether to herself,her estate,
her creditors,the creditors of her estate or otherwise.In default of such
appointment or direction by my wife in her Last Will and Testament,the then
remaining principal of the Marital Trust shall be distributed to my wife's
son,BRUCE A.GALE,or,if he is not then living,one-fourth (1/4)thereof
shall be distributed to his wife,BETTY GALE,if she is then living and the
balance thereof shall be distributed to the then living issue of my wife's
son,per stirpes,subject,however to the minority provisions hereinafter
set forth.
3.Neither the principal nor the income of the Marital
Trust,while in the hands of my Trustees,shall be liable for the debts of my
wife,nor shall the same be subject to seizure or attachment by any creditor
of my wife under any writ or proceeding at law or in equity.
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B.1.The principal of the Residuary Trust shall be held
for the use and benefit of my daughter,HELEN E.FARRAR,and my Trustees
shall pay to her or for her benefit,the net income therefrom,in quarter-
annual installments or in such manner as she should direct,for and during
her lifetime.During her lifetime,my daughter shall have the right to
withdrmv,consume,demand and receive,all or any part of the principal
of the Residuary Trust,absolutely and free of trust,regardless of the
purpose of such withdrawal.In addition to the foregoing provisions,in
the event of the incapacity of my daughter through illness or otherwise,my
Trustees shall be authorized to disburse to her,or for her benefit,so much
of the principal of the Marital Trust as my Trustees other than my daughter
shall deem advisable for her comfort,maintenance and support,and to aid her
in the event of any circumstance or condition affecting her wherein money is
needed.
2.Upon the death of my daughter,HELEN E.FARRAR,
during the continuance of this trust fo~her benefit,my Trustees shall pay
and distribute the then remaining principal of the Residuary Trust as my
daughter shall appoint and direct by specific reference to this general
power of appointment in her Last Will and Testament,whether to herself,her
estate,her creditors,the creditors of her estate or otherwise.In default
of such appointment,or in the event my daughter fails to survive me,my
Trustees shall pay and distribute the then remaining principal of the Resi-
duary Trust to my daughter's personal representative.
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II.While in the hands of my Trustees,neither the prin-
cipal nor the income of the Residuary Trust shall be liable for the debts
of any beneficiary hereunder,nor shall the same be subject to seizure
or attachment by any creditor of any beneficiary under any writ or pro-
ceeding at law or in equity,and no beneficiary hereunder shall have
any power to sell,assign,encumber,or in any manner to anticipate or
dispose of his or her interest in the Residuary Trust,or in the income
produced thereby.
III.As compensation for its services hereunder,my
Corporate Trustee shall be entitled to deduct a reasonable fee,which fee
shall be in accordance with the then prevailing rate of compensation charged
by my Corporate Trustee for like services.
SIXTH:In addition to the powers conferred by law,my Executors
and Trustees shall have the following discretionary powers:
A.To retain as an investment for my estate and the trust
estate,without any duty of diversification,any and all property,real or
personal,mlned by me at my death.This authority shall specifically include
the authority to retain any stock in PITTSBURGH NATIONAL CORPORATION and the
authority to act with respect to the same as if it were stock of any other
corporation,notwithstanding the fact that PITTSBURQ{NATIONAL BN~,or any
successor thereto,shall be a fiduciary hereunder.
B.To invest and reinvest,including principal and
accumulated income,in stocks,bonds,mortgages,securities or other
property,real or personal,without being limited to the classes of
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securities or investments in which fiduciaries are authorized by law
to invest trust funds.
c.To sell any and all real estate held as an asset of
my estate and trust estate at such times,at public or private sale,for
such prices and upon such terms as deemed advisable,and to make,execute
and deliver any deed or deeds therefor,conveying title thereto in fee
simple absolute,or for any less estate to any purchaser or purchasers,
freed and discharged of any and all trusts hereunder.
D.To sell,exchange,lease,encumber,option or otherwise
dispose of all or any portion of my estate and trust estate in such manner
and upon such terms and conditions as shall be deemed advisable,and which
shall specifically include the authority to grant leases which extend beyond
the term of any trust hereunder and beyond the period authorized by law,and
to make,execute and deliver deeds,mortgages,leases,assignments and other
documents necessary to effect any of the powers granted;provided,however,
all such transactions shall be subject to the approval of my wife and my
daughter,or the survivor of them.
E.To make distribution of my estate and trust estate to
any person entitled thereto in kind,in cash,or partly in kind and partly
in cash,as deemed advisable,and to this end allocation of assets in kind
shall be in the sole discretion of my fiduciaries.Assets distributed in
kind in satisfaction of any pecuniary distribution under the terms of this
Will shall be distributed at their values on the date or dates of distribution.
F.To register or carry any investments held hereunder in
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their own name or in the name of a nominee or nominees;provided,however,
that all such investments shall be so designated upon the records of my
fiduciaries that the trust or estate to which said investments belong shall
appear clearly at all times.
G.To vote by person or proxy any and all stock held in
my estate and trust estate and to participate in any reorganization or
merger of companies or corporations whose stock is so held.
H.To borrow for the purpose of my estate or trust estate
from any source,which shall include the authority to borrow from any separate
trust created herein,and as security for repayment,to hold or pledge the
whole or any part of my estate or trust estate.
SEVENTH:I direct my Executors to payout of the principal
of my residuary estate all Federal Estate,State Inheritance,Estate
and Succession Taxes imposed upon or with respect to my estate or any
property in which I may have an interest,including any property not
forming a part of my testamentary estate but included in my gross estate
for tax purposes,except any property over which I have a taxable power
of appointment in the event it shall be held that I have not exercised
SUcl1 power of appointment in this Will,at such times and in such manner
as my Executors in their discretion shall deem advisable,and no such
taxes or any portion thereof so paid shall be collected from or paid by
any other person,persons,or corporations by way of reimbursement,
proration,apportionment or othervlise.
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EIGHTH:I name and appoint my wife,RITA S.FARRAR,my daughter,
lillLEN E.FARRAR,and PITTSBURGH NATIONAL BANK,Pittsburgh,Pennsylvania,as
Executors of this,my Last Will and Testament.In the event my wife,and/or
my daughter,either at the time of my death or thereafter,should be un-
willing or unable to serve for any reason,no successor shall be appointed.
My Corporate Executor shall be entitled to deduct as
compensation for its services hereunder a reasonable fee,which fee shall
be in accordance with the then prevailing rate of compensation charged by
my Corporate Executor for like services.Further,my Individual Executors
shall be entitled to such additional compensation as may be commensurate
with their services.
No individual fiduciary shall be required to post
bond or any additional security in any jurisdiction in which such fidu-
ciary shall be required to serve.
NINTH:I appoint PITTSBURGH NATIONAL BM\~as Guardian of
any property which passes to a minor and with respect to which I am
authorized to appoint a Guardian and have not otherwise specifically
done so,granting it in this capacity the power to agree to any distri-
bution of the said property that it deems advisable;the power to retain
any property,real or personal,received by it in kind and the power and
authority to sell the same upon such terms and conditions as it believes
advisable,giving good title to any real estate thus sold;and the power
and authority to invest in such stocks,bonds and/or other investments
it deems advisable,without being limited to those investments in which
guardians are by law required to invest minors'funds;and the power and
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authority to disburse to or for the benefit of the minor wards so much
of the income and the principal of the minor's share of the said property
as it,in its sole discretion,deems advisable for the minor's comfort,
maintenance,support and complete education,including preparatory,college
and post graduate or professional training,and to aid the minor in the
event of any illness,injury or other emergency affecting the minor wards
wherein money is needed.Any disbursements hereinabove authorized may be
made to the parent,guardian or such other person as may have custody of
the person of that minor at the time such payments are made,without lia-
bility on the part of PITTSBURGH NATIONAL Bfu~to see to the application
of said payments by the payee,and the receipt of any such person shall be
a full acquittance of PITTSBURGH NATIONAL BANK as to any amount so paid.
!""""'l 0 (1-1 D IWITNESSmyhandandsealthis_.:;:;.0<day of ec e Lq)e «.
19J3-.~(:)d:a~/l~
.,....::::::.-f-__~__v (SEAL)
Signed,sealed,p b~shed and declared by the above named Testa-
tor,JOHN C.FARRAR,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 subscribed our names as witnesses.
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