HomeMy WebLinkAbout1302_CALDWELL_MARTHA_51_373_04-28-1934_05-11-1934•
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LAST WILL AND TBSTAltDT
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JlARTBA Tm OALDDLL
And now May 11,1934,It being
adjudged that said Will has been
duly proved,It is hereby admitted
to probate and ordered-to be r~
corded and Letters Testamentary
are issued to Baird Mitchell II and
Joseph C.Baird in said Testament
named who were duly qualiried.
R.J.Coulson,
Register•
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(JlIhnrnt .itt~tll
Will Book,Vol.51 ?age 373 ...
~ppJitation for Jrohatt of IliU of M_ar_t_h_a_T_'._Ca._l_d_w_el_l~,_
late of the Ci ty of Washington
C!5tant .of ~ettet!i 'iestamentatV
REGISTER'S OFFICE,}ss:
WASHINGTON COUNTY,
,Washington County,Pennsylvania,deceased,and
Before the Register of Wills of Washington
County,personally appeared --"'B=<:a=i=-r-=d=--~M=l=_·t=c=.:h:..;:e:..;:l:..:l=---=-I-=I'---who being
duly sworn says that Ma.rtha T.Caldwell t
the Ci ty of washington,in said Count~citizenof
late resident of
Fennaylvania,died
at 7:30 o'clock :F.m.,on the 28th
in the said City of Washington,
leaving an estate of the es~mated value of $5,500.00
day of ..:.A"P=--=r:=--l=_·1::::....<..,A.D.1934 ,
personalty,and~,----""N,-,O=----_
realty,~~_------------------------
The decedent's legatees and devisees are as follows:
NAME RELATIONSHIP RESIDENCE
Elizabeth Jane Winters none Wa.shington,Pa.
Ka.tharine B._nunc::ln couain Washington,Fa.
Fanny B.Hempstone Sister Washington,D.C.
James K.Mitchell Cousin Washington,Fa.
Harry r:aldwell Brother st.Paul,Minn.
Jeanie C.Daugherty Sister Florence.Italy
Nellie Caldwell Sister Florence,Italy
James Edward Mitchell Cousin .Poland.Ohio.
Joseph C.Baird Cousin Washington,Pal
Testator has~_.....C-",t,--__married and~-------"n"'-'o"'-----------children have been born since the
execution of the will offered for probate.
Petitioner prays that the paper writing filed herewith dated t_h_e__f_l_'r_s_t day of
-..J'-"a""nu..l....l ...a....r-.;JyL.j,J--l...........-9.....3co;2.y,J--may be admitted to probate as the last Will and Testament of
said decedent,and to grant Letters Testamentary thereon to Baird Mi tchell II and Joseph
C.Baird whose postoffice addres~~.are 96 LeMoyne Avenue,
washington,Pa.,and 135 LeMoyne Avenue,Washlngton,Pal respectlvely.
Sworn to and subscribed before me this
/r
COMMONWEALTH OF PENNSYLVANIA,}
WASHINGTON COUNTY,55.
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Sworn "'d ,oh'crihed b,lm,m,!hi'Jf 13 ~~../f...-,
day 01 M,,¥.(Jl (l ~~~A:kC&~f1;r--rJ Register
And now I(J[ay.*',19~,come~Baird J!,[i tchell II and Joseph.C.,Ba~rd.
who being duly sworn doQt depose and say thattheywill well and truly administer the goods and chattels,rights and
credits of ][artha T.caldwell ,deceased,
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to the best of -.~kilL and judgment in strict compliance with the laws of this Commonwealth,mindful of the laws"'l .
telating to inheritance taxes./I
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usi'WILL AND TESTAUNT
OF
MARTHA TODD OALDWELL
KNOW ALL MEN BY THESE PRESENTS,That I,MARTHA TODD
OALmW~LL ~f Washington,P~ansylvania,being of sound and disposin-
mind and memory do make this my Last Will and Testament hereby re-
voking all wills by me at any time heretofore made.
ITEM ONE
In the event of my death I direct that my just
debts and funeral expenses be paid from that portion
of my estate which is deemed by my executors most oon-
venient for such purpose.
It is my desire that my funeral shall be simple
and dignified and that no large outlay shall be made
thereon by my executors.
ITEM TWO
I give,devise and bequeath my household goods,
furniture,art objects and the personal belongings and
chattels in my apartment to ELIZABETH JANE WINTERS and
KATHARINE B.DUNOAN to be disposed of by them as they,
in their absolute disoretion,may see fit.They are
acquainted with my wishes in regard to the property
mentioned in this item and I hereby 19st them with full
authority to carry the same into effect.
lTD THREE
I give,devise and'bequeath to my sister FANNY B.
HEMPSTONE,if ahe be alive at the termination of the
trust hereinafter created,the sum of Fifty Dollars
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from and out of the principal sum of said trust.
ITD FOUR
All my bank deposits,cash,securities and all
the rest,residue and remainder of my property,real,
personal and mixed,of Whatever character,and where
ever Situate,whether now owned or hereafter acquired,
I give,devise and bequeath to my executors and trustees
hereinafter named,to be held by them in trust for a
period of ten years,commencing on December 1st,1926,
Qr for such portion of said ter.as may be unexpired
at the date,of my decease,in trust and upon the fol-
lowing terms and conditions:
To hold,manage,invest,sell at public or pri-
vate sale,dispose of,and,in their discretion,to
reinvest all or any portioD of my said estate,and
trust estate,frem time ,to time,in such way and in
-,-such securities as 'wi11 produce the-greatest amount
of income oonsistent with safety of the prinoipa1,
PROVIDED,HOWEVER,that no portion of my estate or
trust estate shall be invested in the common stooks
of a corporatiQn or corporations which have not paid
regular annual dividends for a period of five consecu-
tive years previous to the date of purchase,and which
do not meet the requirements of first class bank col-
lateral.Baid income from my estate and trust estate'
shall be paid out as fo11ows:-
On the let of December of each year,one
fourth of said income shall be paid to JAMES
K.MITOHELL;one fourth thereof to ELIZAB~TH
JANE WINTERS;one fourth thereof to HARRY
CALDWELL and one fourth thereof jointly to my
sisters,JEANIE O.DAUGHERTY and NELLIE
OALDWELL.The said payments shall be free
from garnishment or attachment for debts of
any of the said payees and my executors and
trustees hereinafter named are,in their dis-
cretion authorized to withhold said payments
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in the ~vent atte~pt be made to sUbject
the same to the payment of any debt~or
aebts or otaer obligation of the said
bene~iciarie8,~r any of them•..
In the event of the death of James
K.Mi tchel1,prior to the expiratioD of
the trust above oreated,the inoome ao-
cruing to him sp.al1 be,equally d1 vided be-
tween JAMES EDW~DMITOHELL_and JOSEPH
O.BAIRD.In the event of the death of
any,of the other beneficiaries,prior to
the expbation of the said trust,their re-
spective shares of income shall be dis-
tributed among the remaining benefioiaries
pro rata in accordance with the propo~tion
above set forth.
At the expiration of ten years from
.December 1,1926,I direct that the trust
here·in created shall be terminated and the
prinoipal sum thereef .shall be divi decd and
paid over as follows:-
One fourth thereof to JAMES K.~ITOHELL;
one fourth thereof to ELIZABETH JANE WINTERS;
ODe fourth there~f to JAMES EDWARD MITOHELL;
one twelfth thereof to HARRY OALDWELL;one
twelfth thereof to JOSEPH C.BAIRD and one
twelfth thereof jointly to my two sisters,
JEANIE c.mAUGHmR~Y and NELLIE OALDWELL.
It is my desire that in the event one of my
said sisters shall receive a portion of the
prinoipal sum that the sister,so receiving
said distribution from my estate shall,by
Will,bequeath the unexpired portion there
of at her deoease in equal shares to James
Edward Mitohe1l and Elizabeth Jane Winters.
In the,ev~nt of the death of any;)'f,the..,
'.abovenamed 'b'enefioiaries pri0r to the"ter-
o miriation of:.the trust aforesaid,I dirept
that the partieD of Sueh beneficiary shall
pass to and be divided among the remaining
benefieiaries pro rata in accordance with
their respeotive interests in my trust es-
tate.
ITEM FIVE
I make,nominate and apP0in~BAIRE MITCHELL,II
and JOSEPH O.BAIRD executors and trust~esofthis
my Will and direct that no bena be required of them.
I hereby authorize and empower my executors and
truste.es at any an.d all times in'the settlement of
my estate and the management of my trust estate,
whenever they deem it nee~ssary,to sell,assign,
convey,transfer,deliver,enoumber,exohange,pur-
ohase and re-purchase,lease or otherwise dispose
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of,and deal with,all and singular,my estate and
trust estate,with pewer to vote,pledge,and other-
wise dispose of corporate stocks,bonds and ether,
securities,and to exercise all of said powers as
fully and completely as I myself,.might or could do
if persQ~ally present,for such purpose and purposes,
and upon such't erms and condi tions as "~y-execu.tor,s
and trustees may deem reasonably'-advantageous to my.
estate,or necessary to the executiQn of the provis-
ions of this my Will.I also authorize my executors
and trustees te collect,payout,compromise,com-
pound or otherwise·settle and adjust any and all
charges,claims or demands Whatsoever,in favor of
my estate or against the same on such terms as they
believe to be just and expedient;to complete all
business contracts entered into by me and to make,
execute,acknowledge amd.deliver all deeds,Qr other
instruments of transfer or conveyance necessary in
the premises.
The powers herein conferred upon my executors
and trustees shall be vested in their successors in
office and if,at any time the number of executors
or trustees shall be reduced to one,then I authorize
said executor and trustee to act alone and to exer-
eise all the powers herein conferred,and I direct
that said powers shall oontinue in full,without
diminution,and until the final settlement of this
my estate and trust esta.te.
ITEM SIX
In making distribution or division of the prin-
cipal sum of my estate,or trust estate,my execu-
tors and truateesare authorized to de SQ in money,
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securities or other property,ancL,.my-sai4 executors
and trustees shall have power to determine whether
or not money or property coming iata their pos~ess
ion shall be treated as principal,or as income,pro-
vided,however,that all interest and dividends shall
be treated as income by my executors and trUstees
when collected by them.
IN TESTIMONY WHEREOF,I have hereunto set my signature
and seal in the presence of the subscribing wi tnesses,this w..(,4,01~;"'"
day of January,A.D.1932.
Signed,sealed,pUblished and declared by said testa~
trix,MARTHA TODD OALDWELL,as and for her LAST WILL AND TESTA·
MENT,in the presence of us,who,at her req~est,in her presenG
and in the presence of eao~other,have hereunto subsoribed our
names as wi tnesses this·/i day of Jatluary,A.D.1932.
R~S1d.ing at ~I~'
Residing at ~~
Q1nmmouhtraltll of'ruusyluauta
Dfas4iugtnu QInulIty.ss:
.II
BE IT REMEMBroRElJ;fhat 30n this 7'day Of ~/C .
19.-}..'l,before me IX:(J:.~Regil.r for the Probate of
=i~a7!iP;;1:::::;~~~a:J~~~rt(Jt;;;?:~
........................................................................................rtl subscribinJt¥'itness s to the foregoing attached Will of
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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.~sign the same-heard..~"'PUbliSh it as and for \,
..~.last Will and Testament;that they atk:::request,in..~presence,and in thc
presence of each other,subscribed their names thereto as witnesses;and at the time of the doing thereof said
testat~was of sound,disposing mind,memory and understanding,to the best of the affiants'
knowledge and belief.
Sworn and Subscribed Before Me C ~/£/j ~..'.''.'::-(78..-..---..~-
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Register ._. _~..-I~~(j -.
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