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Home My WebLink About1302_GILL_HENRY_116_384_09-06-1973_09-13-1973~ 13{)2- ~/7 ll.d.Ul anb It.bmutd of HENRY A.GILL And now September 13,1973,it being adjudged that said Will has been proved,it is hereby admitted to pro- bate and ordered to be recorded and Letters Testamentary are issued toRichardL.St.Clair in said T~stament named who was dUly qualified. Russell Marino,Register WILL BOOK 116 PAGE 384 LAW OFFICES PEACOCK.KELLER.YOHE &DAY EAST BEAU BUILDING 68-70 EAST BEAU STREET WASHINGTON.PA.15301 ..;.. i\pplirattnn fnr Jrnhatr nf Ifill nf...fI.~:N~.:l.A~qJ~I.-:. 55.: ..................late of Cecil..T.ownship ,Washington County, Pennsylvania deceased,and ~rulll of 1Gdtrrn IDrnlamrlllufY. REGISTER'S OFFICE, WASHINGTON COUNTY, Before the Register of Wills of Washington County,personally appeared R~Gha.rciL~St~Cla.i:r who being duly sworn says that.....fI.:E,;.N~.Y.i\~.qI~~...................late resident of C~G.H..TQ:wP.~.n~p ,Washington County,Pennsylvania,a citizen of Y.•.J3~A·died testate at..c.~P.o.nsp.m::g ......:P.~.l.J.nsylv.9-.n:i-R-.......on the ..6th.day oL.S.~pt.E::I]),b.~:r ....A.D.197~. at1.2.;'O'90'clockCl~....m.,age Q.~leaving an estate of the estimated value of $..1.0.~.Qq.o.~.Q.o. personality,and $.3.~,.'O'9Q.•'O'9 realty,said real estate being located intp'~.;E3.()~qllgh...()f.. A.s.p~nvv:?-~.~,.,A~~~gp'~~y.,~qllnty.~,.,:P,~n:q.E?Y~Ya.J!.,~Cl~".".".,..",.,.,...."".,..""".,....",....,."".,..",.,.....'..,...,. ................,.,",,,,'.'""..,.'",,',,""",,,.,,. ............................................................................. ......................................................... The decedent's legatees and devisees are as follows: 15317 Ia 15317 nia 19454 NAME RELATIONSHIP RESIDENCE 105 GIII DrIve Esther M.Gill Widow Canonsburg,Pennsyl~van ---r31rThomas Road Mary C.St.Clair Daughter McMurray,Pennsylvania Sally A.Haxby Daughter 877 Northern Parkway Cincinnati.Ohio 4522.4 11J1f Barberry Road Priscilla R.Leshner Daughter North Wales.Pennsylva - - Testator has..P.o.t ......married and no \. .children have been born since the execution of the will offered for probate. Petitioner prays that the paper writing filed herewith dated ...1\llg\li?J ),1,..19}~.. may be admitted to probate as the last Will and Testament of said decedent,and to grant Letters Testamentary thereon to ..R~Gh~.:rq.,L.".St.,.,C,lR-.ir,, ,,.,, . whose postoffice address is l~aThq;rn~s ..B,oR-q.McM"\..1-rr~y"Pe:n.n~y~yClp.~~)~,~J 7.... Sworn to and subscribed before me this ..13th ... ...,s€Pt€~vr,,A.D.19.7.3 . J.AA.L~~.~~@ !~'o{,di~ (Richard L.St.Clair ) COMMON\\7EALTH OF PENNSYLVANIA, WASHINGTON COUNTY,}SS.: And now s.eptemp.~;J;'.J.~,19 ..7.~..,comes...Ri.911~nl..:k ~...St.•..GJC:l.ir:... who being duly sworn doth depose and say that ...he .will well and truly administer the goods and chattels,rights and credits o£..HE.NRy.A CUL.L.....................deceased, to the best oflliE;skill and judgment in strict compliance with the laws of this Commonwealth, mindful of the laws relating to inheritance taxes. Sworn and subscribed before me this ..Pt.ll .. s~p~~:q:tb..er~A.D.197.3 ..'.3~:.......~.....(!; Register ,~LS't~C~l~.·q~.."~~har"d"L~'"~.....aIr ~~~~0\If@'<!:>.~::::t-r::::.o .....· 0·....., \ ·....., --...:<r, t-e,)~: c:;;:e -:--V);>'->-"',.I 1 r"f'"\~.--.(~~~v~.i 'i~1 J G:'i I'.".~a~j? ~"'0Q<l): ~t:-......'Jl :til TitC1l --;<l)::U0:--<l) a Q 'i ;j'i'INO <'rJ ~ !.~~';1,1 ;\' oj.,l , '"e--c:f1EGISTtf\Of WilLS \:~101 .VI"AS H\N(~T()N CO ..PA. \'\)Cl ;1~-.s 0 'Jl :101<l)0<l)~~~~c:C1l <l)::JHH Q!nmmnuwraltq'nf 11lIItt114ington C!1ountg,1111: ~3-73-CJ/r; Jruusyluauia ~ BE IT REMEMBERED,That upon this )..2.~h.~.................day of...§..~p..~.~~9..~!:. 19...7.3.,before me B:~.~.§.~J:.J..)'1.?.r.;!;n.Q _Register for the probate of Wills and granting Letters of Administration within and for said county,came . ........................................................~.~.~"t 9..~Et.~t..~.~'?P9:~~9.-.r.,g~~~.~~.~.~.§!:l:9.~.?-.. ............................................................................................................the subscribing witnesses to the foregoing attached Will of .............................................................................~~~!.:¥.~..~9:~?:.~.. deceased,who,after being duly qualified according to law,depose and say:That they were present at the . f 'd W'll lor '.I h ·d him bl'h . d f .executIOn 0 Sal 1 -saw t le testat..SIgn t le same-eat :pu IS It as an 01 hi S I W'll d T h 1 hiS .hiS d'h..............................ast 1 an estament;t at t ley at..request,111 presence,an 111 t e presence of each other,subscribed their names thereto as witnesses;and at the time of the doing thereof said testat 9..:r.was of sound,disposing mind,memory and understanding,to the best of the affiants' knowledge and belief. Sworn and Subscribed Before Me n"fln ~1I9fL~f3\,,¥\JAbe.JLL RegIster \.:!..) .~2 ¥~~......~~~L.I..J ~n~..·..· · · ·.......!.~&<~c t':·:..·6 · · ·..·.. ,< ,,' OF HENRY A.GILL I,HENRY A.GILL,of Cecil Township,County of Washington and Commonwealth of Pennsylvania,hereby declare the following to be my Last Will and Testament,hereby revoking all Wills heretofore made by me. ARTICLE I:I direct all expenses of my last illness and funeral be paid from my estate as soon as practicable after my death. ARTICLE II:I bequeath to my wife,Esther M.Gill,if she survives me by a period of thirty (30)days,all my automobiles,jewelry,clothing,house- hold goods and furniture,excepting antiques in which title is in my wife alone,per- sonal effects and all other similar items of tangible personal property (except cash and securities)together with any policies of insurance thereon.If my said wife does not so survive me,I bequeath such property to such of my children as shall survive me,to be divided among them as they shall agree.Should there be no agreement, such property shall be divided among them by my executor in as nearly equal portions as it,in its sole discretion,deems practical,having due regard for the personal pre- ferences of my children.Any property not so distributed shall be sold and the pro- ceeds added to my residuary estate. ARTICLE III:A.If my wife,Esther M.Gill,survives or is pre- sumed to have survived me as hereinafter provided,and for the purposes of taking advantage of the reduction in the amount of the Federal Estate Tax payable on my estate by the allowance of the marital deduction,there shall be established a fund to be known as "Trust-A",which shall consist of a fractional part of the trust estate, as distinguished from a pecuniary legacy,sufficient to afford my estate the maximum marital deduction allowable in determining the Federal Estate Tax payable by reason of my death,diminished by the value of any other property and interests in property which qualify for said marital deduction,which pass or have passed from me to my wife,either under the provisions of my will or in any other manner outside f said will /l {)7 (/~ ./\J .~..-/Z-~')/~L/(\v~-/f '-(-'""- '/ -1- \I •i and which are includable in my gross estate for Federal Estate Tax purposes. The words "passll and have I'passed"as used in this Paragraph shall have the same meaning as said words shall have under the provisions of the Internal Revenue Code applicable to my estate.Such fractional share shall include,to the extent possible, only assets that,under the Internal Revenue Code applicable to my estate,qualify for the said marital deduction,and upon which there is available no foreign death tax credit,and shall be undiminished by any estate,inheritance or other death taxes. Allocation of property in kind by the trustees to Trust-A and to Trust-B hereinafter established shall be on a prorata basis,and the trustees shall not discriminate on the basis of relative values as of the date of such allocation.The trustees shall hold this fund as a separate fund for the benefit of my wife and shall pay to her,or expend :or her benefit,all of the net income therefrom received from and after the date of :ny death in quarter-annual installments for as long as she shall live.In addition, -:he trustee shall pay such amount of principal from Trust-A to my wife as she shall :oequest up to and including the whole thereof,or in the event my wife is incapacitated a.nd unable to make such request,the trustee may expend such amounts of principal f:oom Trust-A as it,in its sole discretion,may deem necessary for her health,com- fort,welfare,maintenance and support. My wife shall have the unrestricted right to designate by specific reference hereto under her Last Will and Testament the disposition of the principal of Trust-A, whether to her estate or otherwise,but in the event she fails to specifically exercise said power of appointment,any assets remaining in Trust-A at her death shall be added to and become part of Trust-B hereinafter established. If my death and the death of my wife occur under such circumstances that there is no sufficient evidence that we died otherwise than simultaneously,I direct, for the purposes hereof,that it be presumed that my wife has survived me. B.A second trust shall be comprised of the fractional part of the trust .4?1/&7 q-.4~/ \7 (/ -2- estate remaining after the creation of Trust-A,which shall be known as "Trust-B". The net income from Trust-B shall be paid to my wife in quarter-annual or more fre- quent installments for as long as she shall live,or the corporate trustee may expend such income for her benefit during her lifetime.In addition,during the same period, the corporate trustee may pay to my wife,or expend for her benefit,as much of the principal of Trust-Bas it,in its sole discretion,may deem necessary for health, maintenance and support,but any such payment of principal shall be made only in the event that Trust-A is exhausted at the time the payment is made.Also my wife shall have the right to withdraw Five Thousand and no/lOa ($5,000.00)Dollars or five (5%) percent of Trust B,whichever is the greater amount,each year on a non-cumulative basis. C.Upon the death of my wife,the principal of Trust-B or the entire trust estate in the event my wife should predecease me,shall be disposed of as follows: 1.The corporate trustee shall distribute the trust property among Mary C.St.Clair,Sally A.Haxbyand Priscilla R.Leshner,my children,share and share alike,or their issue per stirpes. D.All shares of principal shall,until actual distribution to the respective beneficiaries,be free from the debts,contracts,alienations and anticipations of any beneficiary or beneficiaries,and the same shall not be liable to any levy,attach- ment,execution or sequestration.The terms of this clause shall not apply to Trust-A herein before created so long as my wife has any interest thereunder. ARTICLE IV:The trustees and executors hereunder shall have the following powers in addition to those given by law: A.To accept,retain and invest in any real or personal property,including stock of The Union National Bank of Pittsburgh,without restriction to legal invest- ments. B.To sell,exchange,partition or lease for any period of time any real or personal property and to give options therefor for cash or credit,with or without security. -3- ",t" .. C.To borrow money from any person including any fiduciary acting hereunder,and to mortgage or pledge any real or personal property. D.To compromise,arbitrate or abandon claims. E.To make distribution in cash or in kind or partly in each. F.To transfer or record stock certificates or other securities into the name or names of the fiduciary,fiduciaries or nominee. ARTICLE V:All dividends on shares of a corporation,forming a part of the principal,which are payable in the shares of the corporation itself of the same kind and rank as the shares on which such dividend is paid shall be deemed principal.The terms of this clause shall not apply to Trust-A hereinbefore created so long as my wife has any interest thereunder. ARTICLE VI:I hereby nominate and appoint my son-in-law,Richard L. St.Clair,and The Union National Bank of Pittsburgh as co-trustees.In the event my aforesaid son-in-law is unwilling or unable to serve,then The Union National Bank of Pittsburgh shall act as sole trustee. ARTICLE VII:I hereby nominate and appoint my son-in-law,Richard L. St.Clair,Executor of this my Last Will and Testament.In the event he is unwilling or unable to so serve,I hereby nominate and appoint The Union National Bank of Pitts- burgh as my sole Executor.I hereby direct that my Executor shall not be required to post bond or other security in any jurisdiction. ARTICLE VIII:The corporate trustee shall be entitled to receive annually compensation for its services hereunder in accordance with the schedule of compen- sation of the corporate trustee currently in effect when the services are performed, but not in excess of such compensation as would be approved by a court of competent jurisdiction. ARTICLE IX:I direct that all estate,inheritance and other taxes in the nature thereof,together with any interest thereon,becoming payable because of my death with respect to the property constituting my gross estat:for deaf?t~purposes, '~~i d~~ / -4- "." ',10' whether or not such property passes under this Will,shall be paid from t'Trust-Bil; and no legatee or devisee or any person having a beneficial interest in any such pro- perty,whether under this will or any codicil thereto or otherwise,shall at any time be required to refund any part of such taxes.In the absolute discretion of my Executor such taxes may be paid immediately,or the payment of taxes on future or remainder interests may be postponed until the time possession thereof accrues to the beneficiaries, in which event such taxes shall be paid by the trustee out of the principal of the trust subject thereto. /1Ihavehereuntosetmyhandandsealthis--'--"----IN WITNESS WHEREOF, -/ day of I/LL/,:vi '1973.~-(j-+/-- This instrument consisting of five (5)typewritten pages,(each bearing the signature of the above named Henry A.Gill)was by him on the date hereof signed, published and declared by him to be his Last Will and Testament,in our presence, who at his request and in his presence and in the presence of each other,we believing him to be of sound and disposing mind and memory have hereunto subscribed our names as witnesses: -5-