HomeMy WebLinkAbout1287_FRYE_GILBERT_142_711-720_07-24-1982_08-09-198272J(f'1
63-82-667
w I L L
-0£-
GILBERT O.FRYE
w I L L
·~
AND NOW,AUgust 9,1982 ,it
beini ad.judged that said Wili has been proved,it is
hereby admitted to Probate and ordered to be R8CC.d.
ed and lettir~Testamen.tarvare issued to
CJ arence Calv~T"+_.TOY>___I-
PATRONO AND EDWARDS
ATTOf<..NEYS AT LAW'
WASHINGTON TRUST BUILDING
.WASHINGTON,PENNSYLVANIA
WE 1~2 Pages 711-720
j
Will
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of .G.i.-lbE?Tt.HQ,FTYE?
CYJ.&ti)k~:&x:.
63-82-667NO'HHH.H'H"'HH"HH...HH'H
To:
Social Security No.189-32-2886 A.......
HHH"HHH"HHH"Deceased.
Register of Wills for the
County of Washington in the.
Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s)is/are 18 years of age or older and the execut..o.r.......H..........H...H"HHHHnamed in the last will of the above decedent,dated
..No.v.•..2S..
..(state relevant ci"cumstances,e.g.renunciation,death of executor,etc.)
82..19 at ..
Decedent was domiciled at death in Washington County,Pennsylvania,with h'+'H~'"last family or principal residence at ...
.....R.,..D.,.tt 2 C.l.(;ly$..Y.:i..l:I-.~..,w.'l..s..h.t.P.:g.!.<::J.P.:~g.~P.:.~.y..c.g..'l..:s..~f..t.P.:.~.~..Y I<:>~.l!-..:;..J:1..~.P.).
(list street,number and municipality)
Decedent,then ..79..years of age,died . .J.':1.J.Y ?..4 ,..R.D.#2 svi11e,Pennsylvanla.......................................................................::..
Except as follows,decedent did not marry,was not divorced and did not have a child born or adopted after execution of the will offered for
Value of real estate in Pennsylvania
probate;was not the victim of a killing and was never adjudicated incompetent:
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.)
(If not domiciled in Pa.)
(If not domiciled in Pa.)
All personal property
Personal property in Pennsylvania
Personal property in County
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situated as follows:
vVHEREFORE,petitioner(s)respectfully request(s)the probate of the last will and codicil(s)presented herewith and the grant of
letters T~s.1::9:J.I.l.~P.:~C1:.:r..y thereon.(testamentary;administration c.t.a.;administration d.b.n.c.t.a)
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.........(1)1::.........~~~R.D.1 Box 62~'O.-: :..::,.i~~H?P!.~gg5??EAHH~.5362
OATH OF PERSONAL REPRESENTATIVE
}ss
COMMONWEALTH OF PENNSYLVANIA
.WA$.tII.NGI9N..COUNTY OF
The petitioner(X)above-named s\\ear(s)or affirm(s)that the statel1lents in the foregoing'petition are true and correct to the best of the
knowledge and belief of petitioner(~)and that as personal representative (~of the :lbove decedent petitioner(0)will well and truly adrriinis-
tel'the estate according to layV'.
SW01'l1 to or affirmed and subscribed before me this
291::.0 <by of!,ll.~Y 19 ..82
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...Cfq~..............c,.,
"..........w
Estnte of ....GILBERT O.FRYE
63-82-667No: .
...............,Decensed
DECREE OF PROBATE AND GRANT OF LETTERS
....A'-:lg':l:.Ei.~~.".'"19 82 ,in considerati en of the petition Oil the ;'everse side hereof,satisfactor,-proof havingA~D :\TOW,
been presented before me,IT IS DECREED that the instrument(s),dated
described therein be admitted to probate and filed of record as the last will of
....NQv.,2..5..~l.9..6.1
Gil b e~:t:..9...:...~!..Y.~
and Letters ....Te...stame.ntaT.Y.... .
and hereby granted to C1ar~.~g..~..gCl~Y..~.~:t::L ...~r •
c::=;...................
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C'.
FEES~::J
Short Certificates (.:J )
Probate,Letters,Etc.
Renunciation
Filed
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ATTORNEY (Sup.Ct.J.D.No.)
80 East Chestnut Street
Washington,PA 15301................................................................................................................................•
ADDRESS
412-225-8460
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Oath of Non-Subscribing Witness
63-82-667
........<;~~.:I;.~.~.Yl.'!..~~.C?~.~~..~d..~?~:r;'~.~~~..f~Y~"..
(each)a subscriber hereto,(each)being duly qualified according to law,depose(s)and say(s)that ...they
ar~familiar with the signature of G:j.ll;>~rt.0.•..frye ,testat.o.r ..of (one of the
~
subscribing witnesses to)the will presented herewith and that ....they:.....believes the signature on the
~il
will is in the handwriting of ..Gilber.t..0 •..Fr.yeto the best of .their......knowledge and belief.
Sworn to or affirmed and subscribed
before me this ...6th..... ....day of
X~.F~.~""~9 -0 For the Register (I,i3
August 82
19 ....
cU.Pt:....~.
(Name)~BtLoxter·..e.IJ.d-.¢....~
(Address)
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(Address)-J'~~-.
megiater of milIa
of m ua!Iington <trountll
Oath of Subscribing Witness
63-82-667
.............p?-y~q.~~..q~p~~y ,
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(each)a subscribing witness to the will presented herewith,(each)being duly qualified according to
law,depose(s)and say(s)that present and saw o-.i,l:Q~r.t..0 •..fr.ye..
. . . . . . . . . . . . . . . . . . . . ,the testat ..Qr ,sign the same and that signed as a witness at the
request of testat..or....in h .is...presence and (in the presence of each other)(in the presence of the
other subscribing witness(es».
Sworn to or affirmed and subscribed
before me this 9a day of
"~19 ..~?
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For lhe Reg/sler
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r....JJ.~..~:..(~4 .d (N"m,);·.··1.......'~'/".&.~./~.?.~>/'c"~Zess)
(Name)
(Address)
I,GILBERT O.FRYE,of East Finley Township,Washing-
ton County,Pennsylvania,do make this my Last Will and Testa-
ment,hereby revoking any and all Wills at any time heretofore
made by me.
FIRST:I direct my Executor,hereinafter
named,to pay my debts and funeral expenses.
SECOND:All the rest,residue,and remainder
of my property,whether real,personal,or mixed,of whatsoever
nature or description,and wheresoever situated,I give,devise,
and bequeath to the following:
(A)To my wife,ELEAWOR V.FRYE,the
one-third (1/3)thereof,if she survives me.
(B)To my children who are named
below,the two-thirds (2/3)thereof:DONALD O.FRYE,122 Grace-
lane,Aliquippa,Pennsylvania;EVELYN FRYE PETTIT,R.D.#2,
Claysville,Pennsylvania;GILBERT E.FRYE,R.D.#3,Claysville,
Pennsylvania;DOLLY FRYE GRIMES,R.D.#1,Claysville,Penn-
sylvania;VERNA FRYE VITTEK,59 South Main Street,Chagrin Falls,
Ohio;FREDA FRYE KERN,IN TRUST FOR ALBERTA FRYE,R.D.#2,
Claysville,Pennsylvania;FREDA FRYE KERN,R.D.#2,Claysville,
Pennsylvania;and GERALDINE FRYE CALVERT,R.D.#1,Spraggs,
Pennsylvania.
THIRD:The trust herein established in favor
of Alberta Frye shall be upon the following terms and con-
d it i on s:
(A)The Trustee shall collect the
income therefrom and,after paying any expenses properly charge-
able to income in the administration of the trust,shall pay the
net income quarterannually to or for the benefit of Alberta Frye
during her lifetime.
k.Jhvr 0 ,~Ir---.(SEAL)
· .
(B)In the event that the income pay-
able to her shall be insufficient in the opinion of the said
Trustee to provide for the welfare,maintenance,and support of
the said Alberta Frye,the Trustee is authorized to use from time
to time so much of the principal of the trust as in the opinion
of the said Trustee may be advisable therefor,even to the
complete exhaustion of the said principal.
(C)Neither the principal nor the
income of the trust hereunder shall be liable or subject to the
contracts,debts,liabilities,or torts,now or hereafter made,
contracted,incurred,or committed,of Alberta Frye;nor shall
the principal or income be liable to attachment by garnishment
proceedings or other legal process;nor shall any assignment or
order,either of principal or income,given by any beneficiary,
be valid;but the principal and income shall be paid by the
Trustee direct to or for the use of any beneficiary entitled
thereto,without regard to any assignment,order,attachment,or
claim whatever.
(D)Upon the death of Alberta Frye
the Trustee shall divide the principal and any undistributed inco e
from the trust equally among my children then living and shall pay
to each child so living his or her equal share thereof.
FOURTH:In acting as Trustee Freda Frye Kern
shall have full power and authority,without the necessity of
obtaining the consent of any Court,to do all acts,to execute,
acknowledge,and deliver all instruments,and to exercise for the
sole benefit of the beneficiaries under the trust any and all
powers and discretions which would be lawful for her were she in
her own right the actual owner of the property held in trust,
including by way of illustration,but not of limitation,any of
the following:
(A)To accept from the Executor of my
Will in kind any of my investments or property,real,personal,
or mixed.
(B)To hold in the form of cash,
awaiting distribution or desirable investments,such portion of
the trust as at any time and from time to time the Trustee in her
discretion shall deem advisable,without liability to account for
interest thereon.
(C)To sell,convert,assign,convey,
exchange,transfer,or otherwise dispose of,or grant options
with respect to,any or all securities or other property,real or
personal,at any time constituting part of the trust,at public or
private sale,for such consideration and upon such terms and con-
ditions as the Trustee shall deem advisable,and without lia-
bility on the part of the purchaser to see to the application of
the purchase money or to inquire into the validity or propriety
of such sale;and to execute and deliver good and sufficient deeds
for any real estate,conveying title free and clear of all trusts.
(D)To invest and reinvest the trust
or any part thereof in any kind of property,real,personal,or
mixed,including,without limitation,mortgages or mortgage
participations,common trust funds,common stocks,preferred
stocks,bonds,notes,and other securities,regardless of whether
the same are legal investments for trust funds as now or here-
after defined by law,whether by statutory enactment,judicial
decision,or otherwise.
(E)To manage and operate all real
--=--A~Jtw~o_.~-f+--L--(SEAL)
estate at any time held hereunder;to lease all or any part of
the same for such terms and rentals and upon such conditions as
the Trustee shall deem advisable,notwithstanding the terms of
such lease may extend beyond the life of any trust hereunder;to
release,partition,vacate,or abandon the same;to grant and
acquire licenses and easements with respect thereto;to make
improvements to or upon the same;to construct,demolish,alter,
repair,maintain,and rebuild buildings and other improvements;
and to use other assets of the trust for any of such purposes.
(F)To prosecute,defend,compromise,
arbitrate,or otherwise adjust or settle claims in favor of or
against the Trustee.
(G)To make division or distribution
of this trust in kind or in money,or partly in kind and partly
in money,and determine the fair value of the property then being
placed in trust,divided,or distributed and allot different kind
of,or interests in,property to different shares.The Trustee
may take any action that may be necessary or proper in es-
tablishing any such trust or making any such division or dis-
tribution,and the valuation,designation,division,and
partition of any or all of said property,real or personal,shall
be binding and conclusive upon all persons interested therein.
The grant to the Trustee of any specific power,
authority,or discretion,or the failure to grant specifically
herein any other power,authority,or discretion,shall not be
construed to limit or curtail in any way or to any extent said
full and complete power,authority,and discretion,which it is
intended and directed shall be exercisable at all times by ,the
Trustee respecting any and all matters of whatsoever character
(SEAL)
..
..
pertaining to the trust or any part thereof.
The Trustee,acting i~good faith,shall not
be responsible or accountable for any loss resulting from the
exercise or nonexercise of any of the powers or discretions con-
ferred upon her by the provisions of this paragraph.
FIITH:I name and appoint my son-in-law,
CLARENCE CALVERT,JR.,of Spraggs,Greene County,Pennsylvania,
to be Executor of this,my Last Will and Testament.
IN WITNESS WHEREOF,I have hereunto set my hand and
seal this day of __---'JJO!..-!!:O-::II_e_I'tt-'-'""---e_r ,A.D.1 9 6 1.
(SEAL)
Signed,sealed,published,and declared by GILBERT O.
FRYE,fue 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.
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