HomeMy WebLinkAbout1230_DARSIE_DANA_89_514_07-11-1959_07-22-1959,.~1
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.......................................................late of J~9..r.Q.~g~Q.t..~~.~.~!~§!.~J.~g~.Q~,Washington County,
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Pennsylvania deceased,and Q1)fanf of TGrttrr.n IDr.ntamrntary.
REGISTER'S OFFICE,I
WASHINGTON COUNTY,\SS.:
Before the Register of Wills of Washington
County,personally appeared ~.~;r..~~.~.!.!!?~.~.~.~.~~.~.~2~.~:.~~C.:~~.;:.~:~~:h~~ei;:ust
duly sworn says that..P.~A P.~~.!~late resident of
.J.~.~~.~f.~.~~l~g!9..~,Washington County:Pennsylvania,a citizen of..v.s..A.A..,died
testate at..43.0 E C.b.e.s:tnU.t St .EaS.t on the..l.lt.b..day of...J.uly..A.D.19 R.~..
Washington,Pa.,
at....4.:..1d o'clock p m.,age 82 leaving an estate of the estimated value of $~nd.e.j;.~r.m.;t.P..~.g ..
-an undivided interest
personalty,and $2.9.QO.O O.Q realty,said real estate beingAocated in BQl'.QJUtb 9..f..
.........~.~§!.t W.~§.p..!.~.g.~.9..~.l !~.~P.:~.~g.~9..~gQ.~~.:t:.Y..l ~.~.~.~~.y.Jy..~~J.~.~..
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The decedent's legatees and devisees are as follows:
Name
iss Pera Nell Darsie
Mr.Hugh S.Darsie
Mr.Hugh DWight Darsie
Mr.James Hazen Darsie
Rev.William W.Darsie
Dr.Leigh L.Darsie
Mrs.Dorothy Darsie Gorton
Miss Marietta Darsie
Relationship Residence
Sister 430 E.Chestnut St.,
Washington,Pennsylvania
Brother 658 West Sixth St.
Erie 2,Pennsylvania
Nephew Rural Rt.1,Box 60X
35 Ferris Hill Road
New Canaan,Connecticut
Nephew 2109 North Towner St.
Santa Ana,California
Nephew Liberty Borough Presbyterian'
Church,McKeesport,Penna.
Nephew 2905 John St.,Homestead Park
Munhall,Pennsylvania
Niece 2512 Michigan Boulevard
Racine,Wisconsin
Niece 813 Third Avenue
Rockford,Illinois
Mrs.Gwendolyn Darsie
Babcock
Mr.Burns Darsie Jr.
Miss Annette Darsie
Nephew 1603 Sexton Drive
Rockford,Illinois
Grand-Niece Cleveland,Ohio
Grand-Niece Cleveland,Ohio
Mrs.Jean L.Darsie
Zimmerman
Niece 10726 Beinhorn Road
Houston 24,Texas
Mrs.Marion L.Darsie Herrick Niece 1707 WestMinster Place
Oklahoma City 16,Oklahoma
I
COMMONWEALTH OF PENNSYLVANIA,}
wAS;;~~~~~d~~~.t'CO~~'a;~~omeo..p.eUlleu.J)arSi"and llelIon .
who being duly sworn doth depose and say that...the.y,will well and truly administer the goods and chat-
tels,rights and credits of :DANA DARS.lE deceased,
to the best oftheir...skill and judgment in strict compliance with the laws of this Commonwealth,mind-
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ful of the laws relating to inheritance taxes.
Sworn and f1ed before me this....2...J.~..~..~A £t...=A.D.19 ~~~ftdJ.·#·R;~i;;;;··
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COMMONWEALTH OF PENNSYLVANIA,}
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who being duly sworn doth depose and say that......the.y,.......will well and truly administer the goods and chat-
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10726 Beinhorn Road
Houston 24,Texas
1707 WestMinster Place
Oklahoma City 16,Oklahoma
NieceMrs.Jean L.Darsie
Zimmerman
Mrs.Marion L.Darsie Herrick\Niece
••
COMMONWEALTH OF PENNSYLVANIA,}WAS;;~~;$;:~~~;t··co~~a;~~~m~p.eUNellDa~S1eandJleuo.n
who being duly sworn doth depose and say that......th.e.}L.....will well and truly administer the goods and chat-
tels,rights and credits of :DANA DARS.IE :deceased,
to the best oftheir...skill and judgment in strict compliance with the laws of this Commonwealth;inind-
ful of the laws relating to inheritance taxes.
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........................................................late of ~9..r.9.J!g~QJ ~~.~.t.J!~!?.~.!.~g~.Q~,Washington County,}',
Pennsylvania d€ceased,and OiIfanf of 1!Jdtrr.!i IDr.!italnrntary.
REGISTER'S OFFICE,
WASHINGTON COUNTY,~SS.:
Before the Register of Wills of Washington
County,personally appeared ~.~:r..~~.~.!.!~~.~.~.~.~~.~.~2~.::.~~.C.~~~.;:.~=~~~~~e~:ust
duly sworn says that.p.~.~P.M~J~late resident of
.~~~~.~'-~.~~l~gJQ.~,Washington County,Pennsylvania,a citizen of...J1.s..A.A..,died
testate at..43.Q E C.b.e.s.tnU.t St Eas.t on the..l.lt.b..day of..J.U1Y.A.D.19 ~~t.
Washington,Pa.,
at....4.:.15 o'clock p m.,age 82:leaving an estate of the estimated value of $~ng.e.j;.e.r.mJ~~.g,..
an undivided interest
personalty,and $2.~.QO.Q O.Q realty,said real estate beingAocated in ao.r.O'Jutb Q.f...
.........~.~!?~W.~!?..p..~.p.,g:t.Q.~.l :wA~P.:!.~g~Q.~GQ.~~.:t:.Y..l ~~.~.~~.y.Jy..~~~.~.~.
..........................................................................................................................................................................................................................................:.
The decedent's legatees and devisees are as follows:
Name
Miss Pera Nell Darsie
Mr.Hugh S.Darsie
Mr.HughcDWight Darsie
Mr.James Hazen Darsie
Rev.William W.Darsie
Dr.Leigh L.Darsie
Mrs.Dorothy Darsie Gorton
Miss Marietta Darsie
Mr.Burns Darsie Jr.
Mrs.Gwendolyn Darsie
Babcock
Miss Annette Darsie
Mrs.Jean L.Darsie
Zimmerman
Relationship Residence
Sister 430 E.Chestnut St.,
Washington,Pennsylvania
Brother 658 West Sixth St.
Erie 2,Pennsylvania
Nephew Rural Rt.1,Box 60X
35 Ferris Hill Road
New Canaan,Connecticut
Nephew 2109 North Towner St.
Santa Ana,California
Nephew Liberty Borough Presbyterian"
Church,McKeesport,Penna.
Nephew 2905 John St.,Homestead Park
Munhall,Pennsylvania
Niece 2512 Michigan Boulevard
Racine,Wisconsin
Niece 813 Third Avenue
Rockford,Illinois
Nephew 1603 Sexton Drive
Rockford,Illinois
Grand-Niece Cleveland,Ohio
Grand-Niece Cleveland,Ohio
Niece 10726 Beinhorn Road
Houston 24,Texas
Mrs.Marion L.Darsie Herrick Niece 1707 WestMinster Place
Oklahoma City 16,Oklahoma
I
~
I·In re:
Estate of
DANA DARSIB,
Deceased
RDVlfCIATIOlf OPAPPOIlft-
IIENT AS E~tJTOR
STEPHEN D.MARRINER
ATTORNBlYA.T LAW
WASHINGTON,PlllllfllfSrLVANIA
.'7 WASHINGTDN TRUST BUILDING
.'
<nnunty nf ma5l1ingtnn.55.
REGIS!ER'S OFFICE ·r~),y---~-?n.4--~--------------A.D.19..Q~
sara M.Van Kirk and H.M.HillPersonaHyappeared._.._. . .__.__
who,after being duly quaUfied according to law,deposes and say that they are well acquainted with the handwriting
Dana Darale .of --. .. ,Deceased,Testator to the foregOIng
Will dated....~:f---2.Q-t.b!t----l-9.p.-9.-.-----------------_..._..__.__...... . .19 ,and that the signature
of said p.~.~P.~.r_6.1.e_... . . ,~,is in hisXl1tJGt
own proper handwriting,as they,the affiants,verily -believe.
Also,that the subscribi-ng witnesses are not now within this jurisdiction.
Sworn___________.,.and subscribed
'l ,\
0I11w.JnUlUtalt4 af\'tuunyluavia
'IIa5qtngtnn (!!nunty.55:
BE IT REMEMBERED,That upon this 22nd.."day of ~1J.~Y.:..
1g Q~.,before me ~~~~..~~.!}?Q.~g~~..~Register for the probate of
Wills and granting Letters of Administration within and for said county,came .
..............~;r.~~w..~.9..+..!-:.r.~..
.............................................................................................................the subscribing witnesses to the foregoing attached Will of
Dana l)lrs1e
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....Or.sign the same-heard ~~1!publish it as and for
..............B;~.~.last Will and Testament;that they at..~~.~request,in ~!.~presence,and in the
presence of each other,subscribed their names thereto as witnesses;and at the time of the doing thereof said
testat..Or.was of sound,disposing mind,memory and understanding,to the best of the affiants'
knowledge and belief.
Sworn and Subscribed Before Me
~..-:?#yi~R,""",
-~~~.............................................................~~.
'"
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\
,
,,
RENUNCIATION OF APPOINTMENT AS EXECUTOR
TO THE REGISTER OF WILLS OF WASHINGTON COUNTY,PENNSYLVANIA:
WHEREAS,Dana Darsie,late of th~Borough of East
Washington,Washington County,Pennsylvania,died July 11,1959,
leaving his Last Will and Testament dated May 26th,1959,under
the provisions of which he nominated,constituted and appointed
"my brother,HUGH S.DARSIE,and my sister,PERA NELL DARSIE,to
be the Executors of this my Last Will and Testament and of any
Codicil or Codicils that may be added thereto.
If for any reason either or ,both of my executors may
be unable or unwilling to accept this appointment,then and in
that event I nominate,constitute and appoint the MELLON NATIONA
BANK AND TRUST COMPANY to serve as Co-executor with either my
brother or sister,or as sole Executor in the event that they ar
both deceased,or unable,or unwilling to act,and invest it in
either capacity with all the powers and authorities hereinabove
granted to my said Executors."
and,
WHEREAS,by reason of illness I,the said HUGH S.
DARSIE,brother of the said Dana Darsie,Peceased,feel that I
am unable to accept the appointment made in said Will.
NOW THEREFORE,intending to be legally bound,I do
hereby renounce my appointment as on~of the Executors of the
Last Will and Testament of Dana Darsie,Deceased,in favor of
the MELLON NATIONAL BANK AND TRUST COMPANY,the alternative
Co-executor named in the said Will.
WITNESS my hand and seal this /~~day of July,1959.
Witness:
,
••,,
\,t
LAST \ofILL AND TESTAMENT
OF
DANA DARSIE
I,DANA DARSIE,of East Washington,Washington County,Pennsylvania,with
knowledge,and being mentally capable of so doing,make this my Last Will and
Testament,hereby revoking and making void any and all former instruments of a
testamentary nature by me at any time heretofore made.
FIRST:I direct my Executors to pay all my just debts,if any,funeral
expenses and costs incident to the full administration of my estate,as
soon as conveniently may be done a fter my decease.
SECOND:I give,devise and bequeath my share in the property at 430 East
Chestnut St.,Washington,Pa.and the tangible personal property therein to my
sister,PERA NELL DARSIE,tax free.
THIRD:All the rest,residue and remainder of my estate of vlhatsoever kind
~
/and nature and wheresoever situatep,and whether acquired before or after the execution of
this Will,including all property bver which at the time of my death I shall have any
"Clower of testamentary disposition,I give,devise and bequeath to the MELLON NATIONAL BANK
&TRUST COHPANY,a corporation existing under the laws of the United States .of America
with principal place of business at Pittsburgh,Pennsylvania,IN TRUST,NEVERTHELESS,
for the following uses and purposes,that is to say:
A
To pay the income therefrom to my sister,PERA NELL DABSIE,of East Washington,
Pennsylvania,and my brother,HUGH S.DARSIE,of Erie,Pennsylvania,share and share
alike,for and during the tem of their natural lives,and upon the death of either
my sister or my brother the entire net income is to be paid to the survivor.
B
Upon the death of the survivor of either my brother or sister,the trust is to
cease,and I direct that all the balance of said trust is to be divided and paid as
follows:
1
1 ..One-fifth (1/5)of said trust estate I give,devise and bequeath to the
children of my deceased brother,JAMES DARSIE,viz:
Hugh Dwight Darsie
James Hazen Darsie
William W.Darsie
Leigh L.Darsie
Dorothy Darsie Gorton
If any of the above named children of my deceased brother,James Darsie,should be
deceased at the time for the distribution of any part or all of the principal of
the trust created in the third paragraph herein for my brother and sister,without
issue him or her surviving (and y issue I do not mean adopted children),then I
direct that his or her share in this estate shall be given to the remaining children
of my deceased brother,James Darsie,otherwise to his or her issue.Should all of
the children of my deceased brother,James Darsie,be deceased at that time,then I
direct that the remainder of said one-fifth (1/5)of my estate shall go to the children
of my nephew,Leigh L.Darsie,and my niece,Dorothy Darsie Gorton,per stirpes and not
per capita.
2.Two-fifths (2/5)of said trust estate I give,devise and bequeath to the
children of my deceased brother,BURNS DARSIE,viz:
Marietta Darsie
Burns Darsie,Jr.
and the children of my deceased nephew,Hugh
Stephen Darsie,viz:
Gwendolyn Darsie
Annette Darsie
per stirpes and not per capita.If Marietta Darsie should die prior to the time for
the distribution 0 any part or all of the principal of the trust created hereinabove
for my sister and brother,then her share in this two-fifths of the remainder of the
trust shall be given to her brother,Burns Darsie,Jr.,and to the children of my
deceased nephew,Hugh Stephen Darsie.And should the said Burns Darsie,Jr.predecease
the life tenants of the trust above created,then it is my Will and I direct that the
rest,residue and remainder of the said two-fifths of this trust estate be given to
the children of my deceased nephews,Burns Darsie,Jr.and Hugh Stephen Darsie,per
stirpes and not per capita.
3.Two-fifths (2/5)of said trust estate I give,devise and bequeath to the
children of my brother,Hugh S.Darsie,viz:
Jean L.Darsie Zimmerman
Marion L.Darsie Herrick
If either of the above named children of my brother,Hugh S.Darsie,should be
deceased at the time for the distribution of any part or all of the principal of
the trust created above for my brother and sister,without issue them surviving,
then I direct that her share in this estate shall be given to the survivor,otherwise
to her issue.And if both of my nieces should predecease the last survivor of the
trust above created,with issue them surviving,then the said two-fifths of my estate
is to go to the said issue per stirpes and not per capita.
FOURTH:For the better carrying out of the terms of my Will and the administration
of the trusts herein provided,I hereby specifically invest the Executor and/or Trustee
with the following powers and authorities.
a.I hereby authorize and direct my Executors and/or my Trustee to payout of the
corpus of the e state any and all transfer,inheritance and estate taxes imposed by any
State or Government upon any and all of the legacies herein bequeathed so that the
legatees will receive the full amount given to them as above mentioned.
bi}The principal or corpus of all my estate hereby devised and bequeathed,and
the income therefrom,so long as the same is held by my Trustee,shall be fre fro
the control,debts,liabilities and engagements of any of those beneficially interested
thereunder,and shall not be subject to assignment by them,nor to execution,or process
for the enforcement of judgments on claims of any nature against them.
c.My Trustee is authorized and empowered to retain the securities and properties
in which my estate may be invested at the time of my death,and also to sell the same
and reinvest the proceeds of said sale or sales in such securities,or other investments
as the said Trustee shall deem advisable and for the best interest of the beneficiaries
thereof,to the same extent as I might do if living,irrespective of any statutes or rules
or practices now or hereafter in force,limiting the investment of trustees by and under
the laws of the Commonwealth of Pennsylvania,or any other state,with power to vary and
i.".
transpose investments so made,into others of like or similar nature;it being my
intention that the Trustee shall have unrestricted power to manage all property held
by it hereunder as if the absolute owner thereof;and the said Trustee is authorized
to make all necessary transfers in that behalf and to execute and deliver to the
purchaser or purchasers such assignments,contracts,bills of sale,transfers,and
other instruments in writing as may be necessary or proper to carry this provision
into effect,without any liability on the part of the purchaser or purchasers to see
to the application of the purchase money,free and discharged from any and all trusts.
This provision shall apply to all property that 9.1'hereafter be acquired by my Trustee
for the trusts aforesaid,as fully as to that property in which my estate may be invested
at the time of my death.
d.The Trustee is directed to charge all premiums on investments against principal,
and to credit all discounts on investments to principal.Any and all cash dividends
whether ordinary or extraordinary,except liquidating dividends paid in the course of
a complete liquidation of a corporation in which a portion of my estate may at the time
be inTested,shall be considered as income and any and all stock dividends,rights,
warrants,or other things of value shall be considered as corpus and added to the principal
of the estate.Any profit realized on the sale of any security or investment shall be
considered as corpus and added to the principal of the trust and,likewise,a y loss on
any such sale shall be deducted from the principal.The Trustee,in its discretion,
may apportion between principal and income any expenditure which in its sole opinion
should be apportioned,notwithstanding any legal rule to the contrary...
e.In any ca e in which the Trustee is required to di i e the principal of the"estate
in parts or shares,or to distribute the same,it is authorized to make distribution of
the principal in kind and to cause any share to be composed of cash,property,or
undivided fractional shares in property different in kind from any other share,and to
determine the value thereof.
f.I further authorize and empower my Executors hereinafter named,and/or Trustee
to sell for cash,or upon credit,or partly for cash and partly for credit,any real
estate of which I may die seized,or which thereafter may become a part of the assets
of my estate,giving to my Executors and/or Trustee,full power to execute and deliver
to the purchaser or purchasers all necessary deeds,assig~~ents or other assurances in
the law in that behalf necessary,without any obligation on the part of the purchaser
4.
,~'.
or purchasers to see to the application or to provide against any misapplication of
the purchase money and free and discharged from any and all the trusts created under
the terms of this,my Will,and free also from the lien of decedent's debts.
g.I authorize and empower my Executors and/or Trustee appointed by me to
exercise for the benefit of my estate,any and all options upon,or privileges or
rights to subscribe to the stock,bonds,or other securities or obligations of any
company of or in which I may be a creditor,stockholder or bondholder,or otherwise
interested at the time of my death,or of any company or companies which may be or
become the successor to or carry on the business in whole or in part of any such
company or companies,in which I may be a creditor,stockholder or bondholder,or
otherwise interested,at"the time of my death;and I authorize and empower my
Executors and/or Trustee to exercise such options,privileges or rights to subscribe in
favor of my estate and to take and receive,either by purchase,exchange or otherwise,
and to payor provide for or secure the payment of the same out of or by means of the
other securities,or property constituting my estate,as fully and to the same extent
as I could do if living;and I authorize and empower my tExecutors and/or Trustee,
for the time being,to advance monies for the payment of any of such bonds,stocks,
or other securities or to provide in their discretion for the payment of the same by the
sale,pledge or mortgage of any part of my estate or to borrow such sums of money and to
secure the same by the mortgage or pledge of any such portion of my estate,as in their
judgment may be necessary or expedient to enable them to acquire such bonds,stocks or
I
securities for the benefit of my estate.I direct that my Executors and/or Trustee shall
have the right to exercise any such options,privileges or rights,to advance such monies,
or borrow or pledge as herein provided,without applying to any court for any order or
decree concernin the same.
h.I further authorize my said Executors and/or Trustee,in their discretion,to
vote in person or by proxy upon all stocks held by them;to unite with other owners of
similar property in carrying out any plan for the reorganization of any corporation or
company whose securities form a portion of my estate,or of any trust fund under my said
will;to exchange the securities of any corporation for others issued by the same or by
any other corporation,upon such terms as the said executors and trustee shall deem
proper;to assent to the consolidation or merger of any corporation whose securities are
held by them with any other corporation,or to the lease by such corporation,of its
5.
•
property or any portion thereof to any other corporation or to the lease by any
other corporation of its property to such corporation,and upon such consolidation,
merger,lease,or similar arrangement to exchange the securities held by them.for other
securities issued in connection with such arrangement;to pay all such assessments,expenses
and sums of money as they may deem expedient for the protection of their interests as
holders of the stocks,bonds or other securities of any corporation or company,and
generally to exercise,in respect to all securities held by them,all the rights and
powers that are,or may be,lawfully exercised by persons owning similar property in
their own right.It is my intention that the provisions of this paragraph shall be,
in addition to the other provisions of my will,fixing and detenning the rights,powers
and discretions of my said Executors and Trustee,and not in diminution,substitution
or derogation of the same.
i.Said Trustee shall apply the income,to which either life tenant under this Will
.ay at any time be entitled,for the maintenance and support of either life tenant during
such periods as such life tenant by reason of age,illness or any other cause whatsoever
shall be incapable of properly receipting for or disbursing the income to which they may
be entitled,without the necessity on the part of said Trustee of applying to any court
for leave to apply said income as aforesaid,said Trustee to be the sole judge of such
incapacity,and the receipt of the persons to whom such payments may be made during such
incapacity to constitute a complete discharge to said Trustee.I hereby exonerate said
Trustee from all liability by reason of such payments of income or for the application thereof.
j.The Trustee is also authorized to consolidate principal of separate shares of the
Trust (if the trust is divided into shares)for the purpose of investment,in which event
such respective shares shall have such undivided interest in such consolidated fund.
k.The Trustee is authorized also to register and hold securities or other property
in the name of a nominee without any words indicating its fiduciary capacity,but it
shall be liable for any loss which may result from such securities or other property being
registered and held in such manner instead of in its name as Trustee in this trust.
1.I hereby order and direct that no bonds or other securities of any kind shall be
required of either my Executors hereinafter named or any successor or successors of such
6.
-"\0 ••,...
;;;;••"t-
Executors,or of my Trustee,or any successor Trustee,required under any law or for
any cause whatsoever or because of the non-residence of either my Executors,or Trustee,
or successors thereto,in any Sta~of jurisdiction 1'lherein my Will or any Codicil or
Codicils hereto shall be required to be,or may be,proved or filed.
LASTLY:I hereby nominate,constitute and appoint my brother,HUGH S.DARSIE,
and my sister,PERA NELL DARSIE,to be the Executors of this my Last Will and Testament
and of any Codicil or Codicils that may be added thereto.
If for any reason either or both of my executors may be unable or unwilling to
accept this appointment,then and in that event I nominate,constitute and appoint the
MELLON NATIONAL BANK AND TRUST COMPANY to serve as Co-executor with either my brother
or sister,or as sale Executor in the event that they are both deceased,or unable,or
unwilling to act,and invest it in either capacity with all tm powers and authorities
hereinabove granted to my said Executors.
IN WITNESS WHEREOF,I have hereunto set my hand and seal to this my Last Will and
Testament this J:-(day of A'--?,A.D.1951'
"(SEAL)
Signed,sealed,published and declared by the above named Testator,DANA DARSIE,as
and for his Last Will and Testament in the presence of us,who,at his request and in
his presence and in the presence of each other,have hereunto affixed our names as
witnesses thereto.
o
DA DA SIB
-I,DA A DARSm,0 East Washington,Woo hin
Yania,with knowledge,and bei ntalll capable ot 80 olng,make
this arq La t Will and estament,b reb7 r voklng an klog voi aDl
and ell torme instruments of a testamentar,.ture by m at any ti_
heretotore ma e.
of
.cea ••
Just ebt,it an"
mlnlatrati n ot mJ
In the property at
tanglbl p raonal pr
"malnd r
whatao ver kind an nature an whe soever aitu
acquired betore or atter the ex cution
propert7 over which.t the t e ot ,.It h I ahall h v D1 power
or te tamentary disposition,I glv ,to the
LLO ATIO AL A &T UST COMP NY,a corporatlon exi tlng under
the law or the Unite or
business at THELESS,tor
the follow1ng U8e
FIRST:I ir ct JQ'Execut ra to pay all
tun ral expense and cost incl nt to
eatate,8S soon 8S conveniently may be
SECOND:I give,d vise a bequeath rAJ.
430 Ea t Chestnu.t St.,W shin t n,Pa.and th
pert ther
THIRD I All the
T r
t Washlngton,P nnaylvania,an ~brother,S.DABSIE,r
Erie,P nDa,lvsnla,shar.h r llke,tor an urlng the term
upon tho 8th or elther m7 si t r or
IIQ"brother tho entire net Income is to be p i to the surv1v r.
B
Upon the death of the surviv r of either y broth r or 1.t r,th
tru t 1 0 c.a.e,and I 1r ct tha tall th bal nce or
to be divide an pal 8S tollowsl
1.On -tifth (1/5)of trust ,
bequeath to th chil r n of y (]Bl~BII!lll!ld
D7
thIrd p -
chi1 en),th n I
shall b given to the
If -OJ ot the
Dar 1 ,ehoul be h
part or all of the rin Ipsl
agraph h rein tor m broth r
urvlving (a by la~ue I
lr ct that hls or h r shere
remalnln chll'ren ot dec ae8 broth r,J 8 D r"18,oth-,rwi e
to hls Or her is e.Shoul all of th ohil ren ot
o
I 1ract
est
broth r,J
that the re
to the chil ren of ~n ph w,Leigh L.rale,an my nIece,Dorothy
Darale Gorton,p r atirp n not per oa ita.
2.Two-fi tha (2/5)or asl trust sta I
que reo of my ecease broth r,
M rletta Darsle
urns ~sr81e,Jr.
vIz:
sed nephew,
p r tl p nd not p r ca it.It 1 t ie prior
to he time tor the 1 tributlon ot any p rt or all of tb prlncipal
of the trust crea~d her Inab ve tor mJ Ii t r an broth ,then her
Sh re 1n thia two-fifths of the I'main r of the tru ahall b
gi en to her brothel',Buraa Darsl ,Jr.,an to th chil ren ot IIl7
cease the 11 e ten nt of th trust bove cr to
d ceased nephew,Hugh 'tephon Dars1e.
Dar Ie,Jr.pr
nd soul th a1 urnI
,
th n It 1 y 111 nd I lr ct tb the re t,resl ue an remaIn er
ot the .al two-fifths of thll trust.at te b iv n to the chil ren
of m1 d case nephews,urns
per atlrpe n not p r caplta.
rsIe,Jr.tepben rai,
per atlrp 8 and not
..
3.Two-fIfths (2/,)of s 81 trust e state I g1v •devise 8 nd
bequeath to the children 01'y brother,ugh S.araI.,v1za
Jean L.ars1e ~lmlerman
Marlon L.Varsie nor lck
If either of the a 0 e naM d chil roan or my brother,ugh "'.}Jarsle,
shoul be dece sed at the t1me for the distribution or any part or
all or the principal 01'the trust crea ed abev for my brother an
alster,without lsue them survivIng,then I Ir ct that h r ab re 10
this est te shall be given to t he survivor,otherwise to her i sue.
An if both of my nieces shoul'pr decea e the last survivor of the
trust above created,with iasu them survlvin ,then t be aaid two-
fifths of my estote is to go to the s91
p r capita.
-OT P'l'iI:F~r the better carrying out of he term.of my Will a nel
/.tbe sdminist etlan ot the trust her'~ln rovided,I her b speciflc 1-...~
Invest the Executor and/or Trust.wlth the tollowin pew rs and
authorit1es.
a.I h r by authorize and ir at my Ex cuters and/or my Truste.
to payout of the corpus of the estate any n slltran8£er.inherit.no.
aD estate taxes ioposed by any stato or overnment upon any rid all
of the leg cies herein beque thed so that the 1 gD,tee vi11 re eive
tbe full amount given to them as above mentione •
b.The prl cip 1 or oorpus of all y estate h reb.devised end
beque thed,and the income there1'rom.so long .s the same is held by
my Tru tee,shall be tree from the control,ebta,liabilities nc!
engagem nta at aqy of tho••beneficially interested the euncer,n4
shall not be SUbject to assignment by them,nor to execution,or pro-
cess tor the nforcement of jUdgments on claims or any n tur au.lnst
the
c.My Truste is authorized an·empowered to r tain the seclritie.
and pro ertiea in which my eata e may be inve ted at the time ot my
death,an'81so to a ell the 8 ame and reinvest the proceeds f s ld
sale or sales in .,uch securities,or other invest ents as t he sal
Trustee ahall deem a visabl and for the best lnterest or the b ne-
t'ieiariel ther at'.to the a ame extent s I m1ght 0 1t 11vin lr-
respective of any statutes or rules or practice.now or h re rter 1n
fo.rce,limiting the investment of trustees by and under the lawa 01'
the C alth of Penn ylvanla,or ny other Stat ,with pow r
paid -
atian of corpor tlon In which a
tlme b Invested,shall b con 1 all a tock
tvl e a,rl ar ants,or otb r blng ot ahall b con-
sl ered a corpus n a ed to the principal ot th eat t8.Any
profit realize on the 891 ot any security or inv stment 8h 11 be
consl er 8 corpu8 n a ed to the prlnclp 1 ot th trust an ,
11k vi e,au 108 on any uch ale sb 11 be ucte ho th prin-
cipal.The Trust.e,In its 1 cretlon,y pportlon betwe n prin-
clpal anc Income any expend1ture whIch In Its aole oplnion shoul b
apportione ,notwl hatanoing any legal rule to the contrary.
e.In n:r case 10 wh1ch th Trust e ls qulred to the
p Incipel of the est te 1n parte r sh re ,or to lstr1but the
1t 1s authorlze 1 trlbutlon of the prlnclp 1 1n kin
to c use any Ihere to be ot c h,property,r un lvl
tr ctlon 1 shares 10 property 1tterent 1n kin troa any other ahare,
an to d termine th value th reot.
to vary and
3.
transpose investments so ma e,into otb rs ot 11k or slmllar natur J
It b Ing M1 lnt ntton hav unr strict.pow r
to manage ell property h ld by it h the solut owner
thereot,n the id Tru t e i 11 nece sry
transfers in t ha to ellver to the cb er
or purch lers such as ignments,contract ,bills of 8a1e,tr nsf rs,
and other Instruments in wrltlng may b prop r t
carry this provislon Into trect,wlthout any liabllity on the p t
of th purchas r or purchaser to th applies lan ot th pur-
ch e moneJ,tree an i charged trom any-and This pro-
vi 10n Iball ap 1y to all property the t may herea t acqulre b 1
~Tru~t8e tor the tru ts aforesald,as tully s to that pro erty in
which my estat ay b e invest d at tb tim of my 8ath.
d.The ~rustee is irecte to charg all premium on lnv st nt
againat prlncip 1,a credlt all iscount nt.to prl-
ncipal.cash
ny
fro
111,
acq lr
I lrect thet '1
e,or pI g
be nee sary or expe 1 n
r securitl 8 tor the benefit ot my
or
t.I turth r authorize ~
nd/or ~rust e to 11 for co h.or upon c~e It,or p rtly
tor chan partly tor Cl dit,ny r a1 tat of whlch Idle
a lz d,or which th reafter a1 b com a part ot the aaeta ot m,
eat t ,giving to my Executo~n lor'rust ,full pawer to x-
ec te ano liver to the pu~chsser or purcb sera all n C8.ar eeda,
signments or other aSSllranc •in th w In that behalt.n ce.sary,
without any bI1gatlon on the part of the purchaser
4.
or purchaser to aee to the application or to provl agalnat
m1sapp11c tlon ot th p-urcbase mon y and fre an laeh rge
any an 11 the trusts cr at un er the t rms of thl ,
an tree also from the llen ot dee ent'a ebta.
g.I authorlz en power y :'I cutor an p olnt
b me to xerel e tor the ben tlt ot y eatate,8nJ no all option
upon,or prlvileg s or righta to a bseribe to the stock,bon 8,or
ther ec iti.or obllg tiona of any eo PRny of 0 in wnlch I "1
be a creditor,stockho1 er or bonoholCer,o~otherwise inter t d
at th tlme of IQ eeth,Or of any c ampany or companies whlch may
be or b come the succeasor to or c ~ry ontbe bUslneas in whol or
in p rt ot any such company or companie.,in whlch I ay be a c .Itor,
tockhol er or bonoho ert or oth rwls lntereste·,t the t 1m of
lIlY d It h;an I abthorlz n ell'lpow r M7 Executors an lor ustee
to ex rcia.such option,prlvl1 e or right to b.crib.In favor
ot my •tate soc to take 8 r c Ive,eith r by purcha ,exchange
or othc Ise,ao_to p y or provl e for or aec re th pay nt of the
.a out of or b ns ot the oth r securltie.,or propert constltut-
Ing ~estate,s fully nd to he s me exten as could do It 11vIng,
and I authorize and empai or my Ex cutora nd/or Tru
being,to vance monies tor th payD8nt of tocks,
or other ecuritles or to provide ln t hell"lecr ion tor the payment
of the a e by the sale,pl dg or mortge ,e of any p
urltles are held by hem with any otber cor ~ratlon,roth les.
b such corporatlon,ot It.
to exchsng the aocurltl s bel by tnom tor oth r securitles lssue
in connectlon with uch erra ement,to pay all such 8S 8ssment ,
arrangem nt
em proper.t
ny sueh option ,
rger ot ny corporation whose sec-
rger,lease,or alm11
ums 0 -on y as they may deem e xpedlent tor th pro-
s the ssid xecutors an trust e sh 11ucbterm
expenses n
tection or their int rests a hoI'ra ot the stocks,b n s or oth r
I curltles of any eorporet10n or compsDf,an sener lly to exereis ,
in re pect to 11 securitles hel by them,all th ri:hts an pow ra
that are,or mal be,law.ully exerci ed by per ons owning similar.
property in their own right~It i.~intent10n that the provisions-
of this para .ph shall b a,in d\Ition to the other pr vl 10ns of
and upon-such C Dsolld tion,
assent to the consolilstlon or
s.
property or any portlon tb r ot to a~otber corpor tloD or to the
less8 by 8n7 otb r corporation 0 ita pro erty to such corpor t1on,
privileg 8 or rights,to dvanee 8 eh monle.,or borrow ge
herein provi 'e ,v thout P lyl to any court tor n1'or r or
ecree cone rnin h same.
h.I further aut 'orize my s 1 ·ecutor ene/or Trust ,in
thei ~i8cretion,to vote in person or by proxy upon 11 stock bel
by them.to unite with other own rs ot .imil r propertT in carrying
out any plan tor the reorganization of any corpora~ion o~comp ~
who,e sec~riti s rIO m a portion of rrq stat,or of any tru t tun
unc.er ~8 ai wUI.to e:xehang tbe securities of any corporation
for other is us-b the am or b any ther corporation,upon
an ~r Trustee shall have the right to xereis
my will,flxi and determi the right.,power an discretiona
of'my s id ecutor.nd Truste ,-and not 1n iminution;sub tltution
or erogatian ot the lame.
i.Sai Tru te shall apply the income,to whlch eith r llt
-...
tenant uncer this ill m y at any ti b entitle,tor the inten-
ance end support of either lire tenant during such p rio s 8 such
lite tenant by reason 0 ag,ll1n 8S or _any oth reuse what 0 v r
·:....
sh 11 b Inca abl ot prop rly recelptlng for or 1 burslng th
Income to whlcb they the necea.it on th
part of sold Tru tee for 1 ve to apply
aal to be the sole ju 'e of uch
Incapacl ho such paym t
may be such incapaclty t iach rg
to sid rustee.I h-rehy from all liability
hI r aBon ot such payments of Incom or for th pli tion thor of.
j.'he Tru te i also authorlz to consoli "at princip 1 of
ep rate sh res ot tb rust (If the t at is Ivi e into sher a)
tor the purpos of Inv stment,in which v nt such r spective sh res
shell hav uch un ivid interest In such consoli a~e tund.
k.The Trustee 18 authorize Iso to register an hol s curltie.
or oth ~p-op rty In the-name ot nominee t~out an wor 8 in lc t-
in 1ts fi ucla)"c pact1 ,but it hall he liable for any 108 W ich
rnay result trom such s curlti s or oth r property being regi t r
nd held In such manner instead ot in Its name 8 ust in this
trust.
1.I heraby order nd dl ct that no b orid s or other e curltlea
of any kin shall be requlred ot eltho.mJ ecutors h roinatt r
neroee or any successor or succ ssors of auch
6.
Executors,or ot my rustee,or any .ucc.s~or rust , r qui.un er
ny 1 or tor any c use whatsoever or because of the non-resl enc
of ither my ec tors,or Trustee,or successors th r to,10 any
sta e of juris lction whor In my 111 or any Co lcll or Co lcl1a
bareto shall b.r qulred to b •or rnay be,proved or tlle •
LASTLY:I hereby nominate,const1t te and ppoint my brother,
HUGH S.DA SlE,nd my sister,P AR"1 •to be the ~cut or.
of this my L st ill nd T sta ent and of any Co lel1 or 0 lel1s
that may be sdeed thereto.
I~tor any r 8BOO e1th r or both ot my ex e tor may be unable
or un 11i g to ccept th1s appointment,then n 1n the t ev nt I
oom1mt te,constitute and appolnt the TIO AL B,K A D'I RU
CO PA to serve 89 Co-executor with elth r m brother or slat r,
,"..
r a 801 ~ecutor 1n the vent that they r both d c S8,or
unable,or unwill1ng to 8 ct,and 1nvest 1t in filth ·r capacity with
11 the pow rs and authorltlea h r inabove rantea to my 8al
Executors.
my
OP,I have her unto I
Testament this 26th
and seal to this
9
Y of May ,A.D.19S~.
th presence of nch othur,
Testator,
th of
01 ned by th a bove named
in
in
our names s w1t-
nesses th r to.
•Clark
7.
stephen .0 zor1ner•