HomeMy WebLinkAbout1303_CUMMINS_ANDREW_51_404_04-30-1934_05-23-19340&"0 ~~~t,~.~00~~~~~"&~1 ~"-,,-.C ~~A ""L\J~~~~~~",~.........~:»~
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Cummins,
Application for 'robatr of Ifill of Andrew W.Cummins.als 0 known as A.W./
late of_----=B:::.:o~r_.::o~u::..tg::>.:h=_=__.::o:..:::f'___'}:..:::I~o_.::::u:.=s:._t:::...o::..:..:n~.,.Washington County.Pennsylvania.deceased.and
~ntl1t of rol'ttl'fS Ull'staml'l1tary
REGISTER'S OFFICE.}55:WASHINGTON COUNTY,
Before the Register of Wills of Washington
C · d H h St l'/Cummins,County.personally appeared Ge orge Dihvorth ummlns an ug er lng who being
duly sworn say1 that Andrew 'IN«Cummins,also known as A.'IN.Cummins.late resident of
Borough of Houston a citizen of United States died
alL_....::1:..=1=----_-----'0·c1ock A_.=--_m..on the"----3-=----0_t_h ,day of_--=A....:.pt::.:r=-=.i=l ~A.D.19_3_4_
leaving an estate of the estimated value of $--=:1:....:7:....:5~.-=0~0:....:0::....-,personalty.and $2_5....:.:._0_0 _
realty.saidrealestatebeinglocatedin Borough of Houston,Washington County,Penna.
The decedent's legatees and devisees are as follows:
NAME RELATIONSHIP RESIDENCE
Nora Bell Timmons Daughter Quaker Ci ty,Ohio
George Dilworth Cummins Son Houston,Pa.
Howard Leslie Cummins Son Brownsville,Texas
Hugh Sterling Cummins Son Canonsburg,Pa.
Edith Maria Browning Daughter Zanesville,Ohio
Mary .Jane Challener Grand-II McKeesport,Pa.
Testator has_--=-n~o,!....t.lL-_-----.:married andu--n~o'--,children have been born since the
execution of the will offered for probate,
Petitioner~rayithat the paper writing filed herewith datedu--~N"-,-",0,-,v,-,,e<!..!m~b~e,",,-r----t2:<J2~n~d,,--:,~1~9~3!..\;3L-,dKjKiliX
__________________----.:may be admitted to probate as the last Will and Testament of said
decedent.and to grant Letters Testamentary thereon to Ge 0 r ge Di 1w0r th Cummins and
Hugh Ster 1 ing Cummins whose postoffice address is Canonsburg,Pa •
Swom to ~d ,ut.erib.d before m,tbi,l ~.
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RegIster )
COMMONWEALTH OF PENNSYLVANIA.
WASHINGTON COUNTY.}55.
;';..:
Hugh Sterling Cumm:inE
And now May 22nd •19~.comeGeQrge Dj]warth Cnroro;ns and /
who being duly sworn doth depose and say thatt~e~ill well and truly administer the goods and chattels,rights and credits
of Andrew W.Cummins,also known as A.W.Cummins ,deceased.
to the best of~~~n 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 22nd
day of M(/2;~t R,gi,'«
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LAST WILL :AND T
=of
ANDREW W.CU1vIMINS
.also known as
A.W.CUMMINS
."L ~
And now May 23,1934,It being ad-'
judged that said Will has been
duly proved,It is hereby admitted
to probate and ordered to be re-
corded and Letters Testame.ntary
are issued to George Dilworth
Cummins and Hugh Sterling CULnJ1lins
in said Testament named who were
duly qualified.
R.J.Coulson,
Register•
"ATTORNEY AT LA'V "Will Book,Vol.51 Page 404
W ASHING'1'ON,PENNA.
ADOLPH L.ZEMAN
'~.N--:.......¥.oioo'-ctL"'..rn:.:;__.~-_~
,.•IL.
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First:
Second:
,••'f
h~ST WILL AND TESTA1mNT
I,A.W.CUMMINS,of the Borough of Houston,County
of Mashington and State of Pennsylvania,being of sound mind,
memory and vnderstanding,do make and publish this my last will
and testament,hereby revoking and making void all former wills
by me at any time heretofor made.
I,direct that my body be decently interred in the
family lot at Canonsburg,Pennsylvania,according to
the rights and ceremonies of the United Presbyterian Church;that
my funeral be conducted in a manner corresponding with my estate
and station in life;and that a suitable monument be erected in
said lot and appropriate inscriptions engraved thereon for my
beloved wife,Jane Ann (Sproul),and for myself.
Such of my executors hereinafter named as shall
qualify,and the survivor or survivors of them,shall
have power and'are hereby directed to retain as part of my estate,
for a period of two full years from the date of my decease,or so
much of said period of time as they may deem advisable,any and
all promissory notes,corporate stocks,shares,bonds or securi-
ties Whatsoever,whether legal as an-_investment or not,whereof
I may die possessed,their discretion as to the time of selling
same,subject to the maximum period designated,to be absolute;
this to prevent same from being needlessly sacrificed or sold at
What,to my executors,who shall qualify,their s~rvivors or
survivor,may appear to be inadequate price.€>.
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Third:
As to any and all real estate whereof I may-die seize
I hereby authorize and direct my executors hereinafte
named,or such of them as shall qualify,and the survivors or
survivor of them,to sell the same ,
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Fourth:
.-..
of two years from the date of my decease,either at pUblic or
private sale,and at such price or prices as to them may seem
best,and convey the same,by proper deed or deeds to the purchas-
er or purchasers thereof;."and I direc,t·,that the proceeds derived
therefrom shall,for~the pUrposes of distribution,be considered
as part of my personal estate o ..
Item 1 0 s to such loans as may,at the time of my
decease,be owing to me from any of my several sons,
secured by notes or otherwise,it is my will and I direct that
payment of same shall be postponed,that same shall not be due or
collectible and that no demand for payment thereof shall be made
until after a period of two full years have elapsed from the date
of my decease,the same however,to bear interest until payment
or settlement;provided,however,that this shall not prevent
earlier payment by any of them desiring sooner to pay.
Item 2.I direct that such loans as may,at the time
of my decease,be owing to me from any of my several sons;secured
by notes or otherwise,shall,by my executors;be charged against
any legacy or bequest,residuary or otherwise;herein given them;
if not paid as provided for in "Item 1"of this paragraph,and
such loan shall be deducted from such legacy or bequest o
•
Fifth:As to all my worldly estate,of every nature whatso-
ever,whereof I shall die seized or possesse4,.or to
whic~I sha~l be entitled at the time of my decease,I give,de-
vise,bequeath and dispose thereof in the manner following,to-wit:
Item 1.I give and bequeath to my oldest daughter,
Nora Bell Timmons,the sum of Fifteen Thousand Dollars (l5,000)~
less all inheritance taxes thereon,absolutely.
Item 2.,I give and bequeath to my son,George Dilwort
Cummins,the sum of Fifteen Thousand Dollars (15,000);less all
inheritance taxes thereon,absolutely.
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.Item 3.I give and bequeath to my son,Howard Leslie
Cummins,the sum of Fifteen Thousand Dollars ($15,000);less all
inheritance taxes thereon;absolutely.
Item 4.I give and bequeath to my son;Hugh Sterling
Cummins,the sum of Fifteen Thousand Dollars (15,000),less all
inheritance taxes thereon,absolutely.
Item 5.I give and bequeath to The Citizens National
Bank,Washington,Fa.,and its successors,the sum of Five Thous-
and Dollars (~p5,000.00),less all inheritance taxes on that amount
in trust for the uses,persons and purposes and with the powers
following,to-wit:That it,and its successors,at its or their
discretion,invest,alter,change,re-invest and keep invested
the same in such goverrunent,municipal or private corporation
bonds,not being confined to what are technically knwwn as legal
investments,as it or its successors,having consideration for
both safety of principal and adequacy of funcome,may deem best,
its discretion or the discretion of its successors in this matter
.-
to bd absolute,and that it,or its successors,hold all the net
proceeds of the income therefrom in trust to pay semi-annually
said whole net income so accruing during the life of Mary Jane
Challener,a daughter of my,deceased daughter,Laura Jane Challen-
er,unto said Mary Jane Challener,for and during the whole of her
life;and immediately upon the death of said Mary Jane Challener,
in trust to convert the whole of said trust fund into cash and to
pay over the whole of said net principal and balance,subject to
the happening of the conditions sUbsequent hereinafter mentioned,
unto the following aforesaid persons and in the following propor-
tions:(a)to Nora Bell Timmons,an equal one-fifth thereof,
absolutely;(b)to George Dilworth Cummins,an equal one-fifth
thereof,absolutely;(c)to Howard Leslie Cu~nins,an equal one-
fifth thereof;absolutely;(d)to Hugh Sterli~Cummins,an equal
one-fifth thereof,absolutely;(e)to The Citizens National Bank,
Washington;Pa.,and its successors an equal one-fifth thereof;
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in trust nevertheless,for the uses,persons and purposes and
with the powers hereinafter declared and created by and in Item
9 of Paragraph "Fifthll hereof;provided,however;that in the
event said Mary Jane Challener shall not only live to reach the
,
age of twenty-one years,but shall also marry and give birth to a
child alive (it not being material,whether such marriage or
childbirth,or either of them,shall be before or after her arriv-
al at the age of twenty-one years),then in such case,but in such
case only,the aforesaid bequeaths over of net principal and
balance shall thereupon fall,said trust shall thereupon terminate
and said bank trustee,or its successors,shall then hold the
whole of said net,principal and balance in trust to pay over the
whole of said net principal and balance unto said ary Jane
Challener;absolutely.
Item 6,I give and bequeath to The Citizens National
Bank,Washington,Pa.,and its successors,such sum as shall be
equal to Fifteen Thousand Dollars ($15,000.00),less so much of an
indebtedness,including principal and interest,as may,at the
time of my decease,be still due me either from my youngest
daughter,dith Maria Browning,or her husband,Bryce C.Browning,
or by them jointly,(which said indebtedness is at present eviden
ed and secured by her note in the sum of Eleven Thousand Two
Hundred and Forty-seven and 13/100 Dollars ($11;247.13);and bear-
ing date of July 11,1931),and likewise less such amounts as
would be deductible as inheritance taxes on a bequest of fifteen
Ithousanddollars,in trust,nevertheless,for the uses,persons
and purposes and with the powers hereinafter declared and created
by and in Item 9 of Paragraph "Fifthll hereof.And I also forgive
unto my said daughter,Edith Iaria Browning,so much of her
aforesaid indebtedness,including accrued interest,as shall then
be still due me from her;and I likewise give and bequeath to her
the aforesaid note and any and all other written evidence which
there may then be of last said indebtedness;and I do hereby
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,
authorize and direct my executors hereinafter named and the sur-
vivors or survivor of them to assign,transfer and deliver unto
her said note and such other written evidence as there may then be
of said indebtedness.
Item 7.In.addition to the foregoing specific be-
quests,I give and bequeath to my following name sakes,to-wit:
Andrew Wilson Cummins,Gordon Wilson Cummins,Bryce Cummins Bro~vn
ing,and Andrew Theodore Timmons,the sum'of One Hundred Dollars
('100.00)eaCh,less inheritance taxes thereon,absolutely.
Item 8.All the rest,residue and remainder of my
estate,real,person~l and mixed,I give,devise and bequeath to
the following persons and in the following proportions,to-wit:
(a)Nora Bell Timmons aforesaid,an equal one-fifth thereof,
absolutely;(b)to George Dilworth Cummins aforesaid,an equal
one-fifth thereof,absolutely;(c).to Howard Leslie Cummins afore-
said,an equal one-fifth thereof,absolutely;(d)to Hugh Sterling
Cummins aforesaid,an equal one-fifth,thereof absolutely;(e)
to'The Citizens National Bank,Washington,Pa.,an equal one-fifth
thereof,in trust nevertheless for the uses,persons and purposes
and with the powers hereinafter declared and created by and in
Item 9 of Paragraph "F·ifth"hereof.
Item 9.As to such devises and bequests as are
hereinbefore made or given by me;in and by Sub-division (e)of
Item Five (5)hereof,in and by Item Six (6)hereof,and in and
by Sub-division (e)of Item Eight (8)hereof;to the Citizens
National Bank;Washington,Pa.,in trust for the uses,persons
and purposes herein and hereby to be created and declared,it is
my will and I direct that the same shall altogether constitute
but one trust fund and that the same shall be held by said The
Citizens National Bank,ashington,Pa.,in trust for the uses,
persons and purposes and with the powers following,to-wit:that
ix,and its successors,at its own or their discretion,shall
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•
invest,alter,change,re-investand keep invested the same in
such government,municipal or private corporation bonds,not being
confined to what are technically known as legal investments,as it
or its successors,having consideration for both safety of prin-
cipal and adequacy of rimcome;'may deem best,its discretion or
the discretion of its successors in this matter being absolute,
and that it or its successors hold all the net proceeds of the
income therefrom in trust to pay semi-annually the said whole
net income thereof to my said daughter,dith [aria Browning,
into her own hands for her separate use and maintenance during all
the term of her natural life and not to be liable to anticipation
and her receipt alone to be the sole discharge to my said trustee,
and from and immediately after the decease of my said daughter,
Edl th Maria Browning,then in trust,to pay over'~assign and
transfer the whole net principal and balance of last said trust
fund unto such of the lawful children of my said daughter,dith
Maria Browning;as may,at the time of the decease of my said
daughter,Edith Haria Browning,be then living,in equal shares
as tenants in common and absolutely.
Item 10.It is my will and I direct that all and
each of the foregoing bequests by me hereinbefore made,whether
in trust or otherwise,shall not be due and payable and shall
not bear interest until after final account filed as hereinafter
provided for and until after the final decree of distribution
shall have been made absolute.
It is also my will that my executors hereinafter
Sixth:
named or such of them as shall qualify,their surviv-
ors or survivor,shall not be required to complete their adminis-
tration or file a final account until after two full years have
elapsed from the date of my decease,unless both my aforesaid
stocks,shares,bonds and securities shall have been sooner sold
and the aforesaid several indebtedness due me from my said sons,
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shall have been sooner paid.
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.'
Seventh:
I do hereby make,constitute and appoint my two sons,
George Dilworth Cummins and Hugh Sterling Cummins
--
to oe Executors of this my last will and testament.
IN WITNESS WHE_OF,I,A.W.Cm~MINS,testator above
named,have to this·my last will and testament;contained in this
and the six preceding sheets (having placed my initials at the
bottom of each)~subscribed my name and affixed my seal;the
~~~day of November,in the year of our Lord nineteen hun-e
dred thirty-three.
(SEAL-----
Signed,sealed,published and declared by the above
named A.W.Cummins,as a~d for his last will and testament,in
the presence of us,who have hereunto sUBscribed our names at his
request as witnesses thereto in the presence of the said testator
and of each other.
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arnmmou1ttralt~of'ruul1yluauia
Ba!i~i"gtn"C!tnuufy.!is:
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deceased,who,after being duly qualified according to law,depose and±:a:That they were present at the
execution of said Will-saw the testat.~sign the same-hear ...publish it as and for
~.last Will and Testament;that they~request,. 'presence,and in the
presence of each other,subscribed their names thereto as witnesses;and at the time of the doing thereof said
testa~was of sound,disposing mind,memory and understanding,to the best of the'affiants'
knowledge and belief.
dSU:~:rr~
Register