HomeMy WebLinkAbout1301_BANFIELD_CHARLES_46_453_10-12-1930_11-14-1930•
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Last Will and Testament
of
Charles W.Banfield.
A now,Nove.mber 14,1930,It
b ng adjudged that said Will ~~S
b n duly proved,It is hereby
a itted to probate and ordere~lto
b recorded and Letters Testam~t
a are issued to George.S.Ban
f ld,William A.Banfield &L~a
E Banfield in said Testament_
n d who were duly qualified.
R.J.Coulson,
Register•
McALISTER
HUGHES 8<~e-So
ATTORNEYS AT LAW
as SOUTH MAIN STREET
WASHINGTON.PA.
,
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Will Book,Vol~j ~~n~-e ~~(""\,"L
••
~pplication for larobate of lUll of.Gfl:MLE.§W..,~.AN.;F.JE.LP .
late of ~.9.r.9~gh 9...f.R..Q~.f;'l.t9JL ,Washington County,Pennsylvania,deceased,and
~rant of J!.ttttr~~t~tamtntarp
REGISTER'S OFFICE,~55.:
WASHINGTON COUNTY,
Before the Register ()f Wills of Washington
County,personally appeared q~9.r.g~$..~;e.~~fJ.~.+.q wh0 being
duly sworn says tbat c.l:v~r.;t..~.~W.•....~~.n..f..t~.l~t .late resident of
..........~g.r.~~gh ...9.f....H.9.~~.t.9Jb a citizen of u.•...S A.•.....................................died
aL6.:.3.Q o'clock p m.,on the 12th day oL Qc.t.ob.er A.D.19..30.,
leaving an estate of the estimated value of $..J)'-I.o.O.o.~QQ personalty,and $2o.~.O.oQ.o.Q .
realty,said real estate bcing located in ~.9.r.~~gh...Q.f HQ.~~.t.qn.-I ln th..e.Bo.r.ough o.f .
.Q.~E?~~.P.~;'.g.'---.~~~..J~...~h~....r;rg.~.~h~.p 9.f....C.h~r.tJ.~:r..~-I J.n.th..e...C.o.u.ntY-o.f W.a.sh.~.
i.P.-g~9.!-?:J $..~.~.~~9.f.r.~~!3.y.;t..Y.~J~J~.~.
The decedent's legatee and devisees are as follows:
NAME RELATIONSHIP I RESIDENCE
....g~~~g~~.~~~~.f..i..~.~.~$..~.~Ro.~~t.QP..,P.~..
....Wl111am..A.Banf'.1.e~d ~Hm Ghar..t.1.e.r.s.TW,P.•...Was.hlng-
.......................................................................................................................................~.~~Q.9.~.~tY."fl.~..~..
.....r..y.g~E..~:s.~p.f.1.~.l.g Daughte.r Houston,Pa .
.....JO.tm....w.al.t~r Ba.nfl.eld S.On.H.9.u~.t.Qn.,.Pa .
....T.h~.J,~~M.~WO.9.g.~Sh~~.P GI"and.daught.er..Was.h1ng.ton~P.a •..................
....n~~.~.l .l..lt Wo.o.d.~Groanddaught.er..P.1.tts.burgh.,.P.a..
Testator bas P.Q.t married and nQ children have been born since the
execution of the will offered for probate.
r'etitioner prays that the paper writing filed herewith dated ~~~.!l:~.y..~.~!~~.h day of
....No:v..e.mbe.r•....1929.,may be admitted to probate as the last Will and Testament of
said decedent,and to grant Letters Testamentary thereon to...G..~.~!g~....$..!'!...~~~:f.~.~J.g"....W~),),J.~~...~·
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Box #445,Canonsburg,Pa.
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.~e~i!'cs a~thc end of the next session of-senate-;
COM=~~~:~:~~~~;~'~S".1~com,,:~_~~~f
:::t:~:::r;;~~~'&J~~Well ~~eti~ist~~~he~~~sa:dd:::::1;:
to()the best of~skill and judgment in strict compliance 0 h the lav60f this Commonwealth,mindful of
the laws relating to inherita.nce tax.eso ~
Sworn and subscribed before me this /.::J..
day Of~~~~~~~
Register.
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LAST WILL AND TESTMAENT
OF
CHARLES W.BANFIELD.
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I,Charles W.Banfield,of the Borough of Housto ,
Washington County,Pennsylvania,being of sound mind,memory and
understanding,do make,publish and declare this to be my last wil
and testament,hereby revoking all former wills by me at any time
,heretofore made.
First:I direct that all my just debts and funeral ex-
penses be paid as soon as practicable after my decease.
Second:I devise to my son,George S.Banfield,the home
place where I now live,containing originally forty-seven (47)
acres,more or less,situate partly in the Borough of Houston,
partly in the Borough of Canonsburg and partly in the Township of
Chartiers,in the County of Washington,State of Pennsylvania,
together with all of my farming implements and other utensils in
and about my home,and together with such other miscellaneous per-
sonal property,such as hay,grain,etc.,as may have been produce-
from the land.This bequest to George also includes my pit
wagons,tipple,scales and other mine equipment but is exclusive
of household goods and furnishings in the home.This bequest
is exclusive also of my undivided half interest in the eight (8)
head of young cattle (and the produce therefrom)which George and
I purchased together this last spring.However,I desire George
to have the first right to buy my interest in said cattle at a
fair value,and whatever he pays for the same at a fair valuation
1s to be turned back into my estate and become part of the general
funds thereof.
The foregoing devise of my home place to my
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son George is made under and sUbject to the payment by him of the
sum of Seven Thousand Dollars ($7,000.00)hereinafter bequeathed
to my grand-daughters,Thelma M.Woods Sharp and Hazel I.Woods,
as hereinafter set forth,(that is to say Thirty-five Hundred
Dollars ($3500.00)to each of my said two grand-daughters).
Third:I give and bequeath to my son,William A.
Banfield,the sum of Seven Thousand Dollars ($7,000.00)to be paid
to him out of the general fund comprising my personal estate.
Fourth:I bequeath to my grand-daughter,Thelma M.
Woods Sharp,the sum of Thirty-five Hundred Dollars ($3500.00)to
be hers absolutely.I bequeath to the Citizens Trust Company of
Canonsburg,Pennsylvania,the sum of Thirty-five Hundred Dollars
($3500.00),in trust for the use and benefit of my grand-daughter,
Hazel I.Woods,the same to be invested by said trustee and the
principal and interest of the trust to be paid to her as follows:
One Hundred Dollars ($100.00)of the principal at the end of each
trust year,and the interest on the fund remaining from time to
time,less proper deductions by the trustee for its services,to
be paid to said Hazel at the end of each year until the entire
trust fund shall have been exhausted.If my grand-daughter Hazel
dies before the entire trust shall have been eXhausted,I give and
bequeath all of the residue and income to my other grand-daughter,
Thelma M.Woods Sharp,above named.
The fund for the payment of the legacies given
in this paragraph is to be provided by my son George in order to
equalize his share in my estate by reason of my having bequeathed
to him the home place of forty-seven (47)acres.°I therefore
direct that my son George shall pay to my executors hereinafter
named the aforesaid sum of Seven Thousand Dollars ($7,000.00)
within one year after my decease for the purpose of paying the
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above legacies to my said grand-daughters.I hereby make the
paYment of said Seven Thousand Dollars ($7,000.00)by my son George
to my estate a charge and lien upon the land hereinabove devised
to him,until paid.If said sum be not paid within one year afte
my decease,the same shall bear interest at the rate of five per
cent (5%)per annum from one year after my decease until paid,.but
the fact that said fund shall bear interest if not paid shall not
prevent said sum from becoming due and payable and collectible by
my estate at the end of one year after my death.
Fifth:I bequeath to my daughter,Lyda E.Banfield,
all of my household goods in and about the house and home where we
are now living.It is also my will and I so direct that as long
as my daughter,Lyda E.Banfield,remains unmarried,she shall
have a home in the mansion house on the farm above devised to my
son,George S.Banfield,being the home where we now live.I
also give and devise unto my daUghter,Lyda E.Banfield,the brick
house and lot at No.404 West Pike Street,in the Borough of
Canonsburg,Pennsylvania.I also give and devise unto my said
daughter,Lyda E.Banfield,the brick house and lot in the said
Borough of Canonsburg,known as No.408 West Pike Street,together
with the residue of the vacant lot adjoining it,the latter being
at the corner of West Pike and Bluff Streets.
Sixth:I give and devise unto my son,John Walter
Banfield,the property at No.347 East Pike Street,in the BorOUgh
of Houston,Washington County,Pennsylvania,being the property
which I purchased from John S.Hutchinson and wife,by deed dated
July 19th,1924,and recorded on the same day;said lot being
number five (5)in the Charles W.Banfield plan of lots as recorded
in Plan Book No.4,page 47.
Seventh:I give and devise unto my son~,George S.Ban-
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field and William A.Banfield,their heirs and assigns,my undivide
one-half (1/2)interest in the Pittsburgh vein of coal underlying
the tract of land which I recently bought from the estate of Rebecc
I
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Banfield,deceased.Said coal is to be worked in accordance
with the plot laid out by Day,Abrams &Company,Civil and Mining
Engineers,on January 21st,1929.There shall be left a pillar
of solid coal thirty-two (32)feet wide.George S.Banfield is
to leave sixteen (16)feet on his side of the line,and William A.
Banfield sixteen (16)feet on his side of the line,thus leaving
thirty-two (32)feet of solid coal to be taken out when all of the
coal is out.William and George shall have equal rights to cut
a hole through t~e pillar of coal every fifty (50)feet for air
and drainage,and each one to mine the coal in equal shares as
long as coal is found.
Eighth:It is my will and I so direct that in case any
person or persons to whom I have devised or bequeathed anything in
this will shall try to gain any advantage by contesting the same,
or shall undertake any litigation for the purpose of obtaining more
of my estate than I have provided in this will,such person or
persons shall absolutely forfeit and lose all interest whatsoever
in my will and in my estate,and the interest which I have devised
to such person or persons contesting or attacking this will shall
pass to and be divided equally among those of my children who
survive me and who have not attacked this will.
Ninth:All the rest,residue and remainder of my
property and estate,real,personal and mixed,of whatsoever kind
and wheresoever situate,I divide into five (5)equal parts and I
give and bequeath one of said five parts to each of my four chil-
dren hereinabove named and the remaining part to my two grand-
children,Thelma M.oods Sharp and Hazel I.Woods,hereinabove
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named,(Hazel's share of the residue to go into the trust above
created for her),my intention being that said two grandchildren
shall have the share which I would have willed to their mother had
she been living;the said beneficiaries to have and to hold the
respective shares of my residuary estate hereby willed to them
absolutely;it being understood,however,that if any beneficiary
under this residuary clause of my will is not living at the time
of my decease,the share of such deceased beneficiary shall pass
to his or her issue,if there be any issue living.If there is
no issue of such deceased beneficiary living,the share of such
deceased beneficiary shall go to the surviving beneficiaries per
stirpes as though passing under the intestate laws.
Tenth:It is my desire that no part of my real estate
shall be sold but that the same shall be held in the family in
accordance with the foregoing provisions of this will.To this
end I direct that all funds necessary to pay my just debts,
funeral expenses and business obligations be appropriated from
whatever cash or money in bank I may have at the time of my decease
By money in bank I mean to include whatever funds I may have on
checking account,savings account or certificate of deposit.If,
at the time of my decease I do not have sufficient funds in cash
and in bank as hereinbefore described,it is my will and I hereby
direct that the beneficiaries under this will shall contribute
sufficient funds to make up the shortage,each to contribute
equally,share and share alike.In other words the shortage shal
be divided into five equal parts,and one-fifth thereof shall be
paid by my son George;one-fifth by my son William;one-fifth by
my son John Walter;one-fifth by my daughter Lydaj and one-fifth
by my two grand-daughters,Thelma and Hazel together.
Lastly,I nominate,constitute and appoint my
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sons,George S.Banfield and William A.Banfield,and my daughter,
Lyda E.Banfield,to be the executors of this will.Their com-
pensation for so acting shall be $100.00 to each,or $300.00 for
the three.
IN TESTIMONY HEREOF,I have hereunto set my
hand and seal this twenty-sixth day of November,A.D.one thousan
nine hundred and twenty-nine (1929).
~~(SEAL)
Signed,sealed,published and declared by the
said Charles W.Banfield as and for his last will and testament
in our p~esence,and we,at his request and in his presence and
in the presence of each other have hereunto subscribed our names
as witnesses to the due execution thereof.
I,Charles W.Banfield,the testator in the foregoing
will,do make,publish and declare the following as and for a codicil
to my last will and testament:
In paragraph fourth of the foregoing will I have
directed that if my so~George fails to pay the Seven Thousand
Dollars ($7,000.00)which he is directed to pay within one year after
my decease,he shall pay interest on said sum at the rate of five
per cent (5%)per annum until said sum has been paid;I now desire
to reduce the rate of interest which he is to pay to four per cent
(4%)per annum.
In all other respects I hereby ratify and confirm
the foregoing will as drawn and executed b~me.
WITNESS my hand and seal this twenty-third day of
June,1930.
.dtf~0(1ia2<~c;((SEhL)
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Q!nmmnumraltq nf Jruullyluauia
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1lllIwdlingtnn (!Inunty.lUi:iLBEITREI1EMnl:J=da,,f ~.
lu2,&,beMemel(:'y .t5l<g;,~a':{j
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#ta;;lZ;iJ....•...;J'c;lW"'''esses"'he /meg,;ng attachedWW 'f
decea~ed,~ho,after being duly Qualified according law,dePose ~lld ~a;j Th~t the~were present a~the e~ut~orJ
ofsaltl Will-saw the testat.~If'stgn the same-fte:fd,.~ubhsh tt as and fOl ..~
last J;Vili and Testament;that they at.t1.A.<J',Jequest,itt ,~~resellce,and itt the presence of each other,
subscribed their uames thereto as witnesses;aud at the time of the doiug thereof said testat ..,<1"::2..,..,......was of
sound,disposing mindy memory alld understanding,to the best of the affiants'kllowledge and belief
IIJRNAN
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cZ.•...((1 ~A.D.,19_~.O
~~~.~a~r&~ULU!.tJQ~U4.e subscribing witnesses to
Codicil No _u
,
Codicil to ~__._Jast will and testament,and that at the doing thereoL _.._____.
was of sound disposing mind,memory and understanding,to t~st of the affiant's knowledge and
be.y~~~
Register