HomeMy WebLinkAbout1303_GARNER_ELIZABETH_116_435_09-11-1973_09-24-1973L <--.-J
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of
ELIZABETH T.GARNER
And now September 24,1973,it being
adjudged that said Will has been
proved,it is hereby admitted to
probate and ordered to be recorded
and Letters Testamentary are issued ,
to Daniel N.Garner in said Testament~~"
named who was duly quali£ied.
Russell Marino,Register
WILL BOOK 116 PAGE 435
PEACOCK,KELLER &YOHE
ATTORNEYS AT LAW
68-70 EAST BEAU STREET
WASHINGTON,PA.
l\ppliration for Jrohatr of Will Of~~I.z.;AJ3~.TH.r.G.ARN~R .
55.:
..., , "..,.,..late of MGM).:l.r.r.C3.YL ;p~t~fR ..Tq:wps4tp..,
Pennsylvania deceased,and <&raut of iGrttrrn IDrntamrutaru.
REGISTER'S OFFICE,
\'V'ASHINGTON COUNTY,
........,Washington County,
Before the Register of Wills of Washington
County,personally appearedP!\;N.Il?r,..,.:N.~GARN~~.,.,...,who being
duly sworn says that Eli~aheth.T Garne.r ,,late resident of
lVIG:W·!\l,r.r.C3.Y.,Washington County,Pennsylvania,a citizen of v.~..S.~.i\.~....died
testate at....MGM\!f.r.'?:y.HHls..Mano.r.on the Pth..day of$~P.t~..:t;rlp.e.r.A.D.19'7~..
atJ;.4:~..o'c1ock.A....m.,age ..,72..,..,..leaving an estate of the estimated value of $..5,9!.Q.O...'........
persondity,and $..rl()p:~..,realty,said real estate being located in.....
.....,.,,..,, ,..,,.,,··..,····'·'·.1"'···,',.,.",",' ,,',.,".,..
........,,..,,..,",,".,,,.
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The decedent's legatees and devisees are as follows:
15317
ania
ania
NAME RELATIONSHIP RESIDENCE
Daniel N.Garner Husband 105 Grandview Drive,
McMurray.Pennsylvania
Daniel C.Garner Stepson Murraysville,Penns)i v
Dorothy H.Garner.Daughter-in-
law M urrays ville,Pennsylv-
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Testator has,not.....married and.,.............no children have been born since the
execution of the will offered for probate.
Petitioner prays that the paper writing filed herewith dated ...S~P.t ~.mp~:r ..30,...L 9.6.4
may be admitted to probate as the last Will and Testament of said decedent,and to grant Letters
Testamentary thereon to.DC3..rl~~.l~..(:;Cl..r.Yl~r
. . /y/~)Sworn to a sub cr"bed before me thIs ...,.",
day~.....~......",......--(........A.D.197~!
....y{jt::~??!/?'?<~,......)
Register
/ ,~.5J~~,.
COMMON\V"EALTH OF PENNSYLVANIA,}
WASHINGTON COUNTY,SS.:
And now ~~/j?.7'{..,19 73,comes ...D.aniel.N.,Gar.ner:.
who being duly sworn doth depose and say that..hE;.will well and truly administer the goods
and chattels,rights and credits of....E::.~i.~.a))~~l1 ..'.l'.~.qC:lr.Il~r deceased,
to the best of .lliS.....skill and judgment in strict compliance with the laws of this Commonwealth,
mindful of the laws relating to inheritance ~.
Sworn and subscribed before me this./.r .
doy OL~:A.D.191;1
............•....~.~~.~~~~.
Register
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Register's Office,~.9.$..~p.~.~A.D.19 7.."2..
Personally appeared ~.~!Y ~.~~~.~.~.~.~one of the subscribing witnesses to
the foregoing last will and testament of...~.~.~.~.~E.~~?~.~9'.~~~~E.........................................................deceased,
and on ~~E solemn 9.~.~!.?:did say that...~?~was present,and did see and hear
.............~~~.~.~~.~~.~!..~9:~.~~~?::,Deceased,the testa ~~~~therein named,sign,seal,publish
and dec1are the same as and for ~!::E last will and testament,and that at the doing thereof
.........~P.:~was of sound disposing mind,memory and understanding,to the best of the affiants'knowledge
and belief.
,#o;t..~::.t ~~..~~~-..~.-:!..::\.b.2':~..f./;:~~,
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....................~~.9.!'P.:..............................................and subscribed
Register
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mounty of DIIuIl!1tngton,1l1l.
REGISTER'S
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Personally appeared .D.ani.e.l N Gar.ne.r.and Mary J..9:D:~$m:t.t.h .
who,after being duly qualified according to law,deposes and say that they are well acquainted with the handwriting of
...................................~.~.~.~.~?.~.~9.-!...~.?~!.:?..~E ,Deceased,Testator to the foregoing
Will dated $.~P.t.§-.mQ.~X:3..Q.2 1.9..§4 19 ,and that the signature
of said ~.~.~.~.~?.~~.~!...~~~~.~~E _~s in)MCQr her
own proper handwriting,as they,the affiants,verily believe.
one of
Also,thaythe subscribing witnesses are not now within this jurisdiction.-.
..Swo.rn...'<;........................................................................and subscribed
before me the day and Ye~afOresaid.········V~~~iNO;R~g;;i;;
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OF
ELIZABETH T.GARNER
I,ELIZABETH T.GARNER,a resident of Peters Township,
Washington County,Pennsylvania,being of sound mind,memory and
understanding,do make,publish and declare this my Last Will and
Testament,hereby revoking any and all Wills by me heretofore made.
ITEM I.I direct that all my just debts and funeral expenses be
paid as soon after my decease as may be found convenient.
ITEM II.In the event my husband,Daniel N.Garner should pre-
decease me,I do hereby give,devlse and bequeath to Mellon National Bank
&Trust Company the sum of $8,000.00 for each of my grandchildren,
children of my stepson,Daniel C.Garner,and in the event my said stepson
above named should have additional children born after my decease,I direct
that $8,000.00 shall be taken from the trust created in Item IV hereof and
placed in the trust herein set forth.
Said trust to be for the following uses and purposes:
(1)To accumulate the income thereo:1 until the oldest of my
grandchildren shall complete his high school education.
(2)To use the corpus and income thereof to provide funds for an
education beyond the high school level for each of my grandchildren.
(3)When the oldest of my grandchildren shall complete his high
school education to divide the income and corpus of said fund into as many
parts as I have grandchildren,and to use one of said parts for the purpose of
assisting in the education of my said grandchild.
(4)To accumulate income on the balance of said trust until each
beneficiary thereof shall complete his high school education,and when each
of my said grandchildren completes said education to divide the remaining
portion thereof in each case into as many parts as there are grandchildren
.,.,,I'
who have not heretofore received the benefits hereof and to apply one part to
the higher education beyond the high school level of each grandchild.
(5)In the event the same be not used for the education above the
high school level of any grandchild,to not create the division as hereinbefore
set forth until said grandchild becomes twenty-five (25)years of age,and to
pay the proportionate share as hereinbefore set forth to each grandchild upon
his or her attaining the age of twenty-five (25)years;provided,however,that
in the event one or more desire to use it for educational purposes as herein
set forth,and others do not)each of those who so desire shall have that right
and those not so using it to inherit under this subparagraph.
ITEM III.If my husband,Daniel N.Garner,shall survive me)I
give,devise and bequeath to him absolutely,an amount which shall equal one-
half of the following:
(1)All of the property)both real and personal and all life insurance
which shall belong to me or be subject to my disposal at the time of my death
or which shall be payable at the time of my death less the aggregate chargeable
to principal of funeral expenses,administration expenses,claims against my
estate (before Inheritance and Estate Taxes,State and Federal)and all
indebtedness against or payable from such property,such legancy to be
reduced)however)by an amount equal to one-half of the aggregate of the
following interest in property (as to any such interest owing to the extent to
which it is included in determining the value of my gross estate in the Federal
Estate proceeding in my estate):
(a)Any interest transferred by me to him at anytime;
(b)Any interest at my death held by him or by me (or by us
any any other person)in joint ownership or with the right of survivorship or
as tenants by the entirety or in any other form of co-ownership with right of
survivorship;
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(c)Such interest as may consist of proceeds of life insurance
of my life receivable by him.
The said amount shall be further reduced by the one -half of the value
of assets owned by him individually at the time of my death.Certification by
him to any Court having jurisdiction of the distribution of my estate as to the
value of his individual assets as of the date of my death shall be final and
conclusive as to the value thereof for this purpose.
It is my intention to obtain the maximum marital deduction allowable
to my estate under the provisions of the Internal Revenue Code of 1954,Sec-
tion 2056,and of any amendments thereto or modifications thereof or future
similar provisions,except that the assets in his estate shall not be increased
to more than one-half of the value of the assets in our combined estates.The
provisions of this,my Will,shall be construed to give full effect to my said
intention.
ITEM IV.I hereby give,devise and bequeath all of the rest,residue
and remainder of the estate of whieh I may die seized,whether the same be
real,personal or mixed,to my husband,Daniel N.Garner,and Mellon
National Bank &Trust Company,a banking corporation,with its principal
office located in the City of Pittsburgh,Allegheny County,Pennsylvania,in
trust for the following uses and purposes:
(1)In the event I shall have any additional grandchildren
born and my said husband shall be deceased at said Lme,to pay into the trust
created by Item II hereof the sum of $8,000.00 for each grandchild so born,
out of the principal hereof if the same be applicable.
(2)To pay the net income,after paying all expenses incident
to the management of the trust to my said husband,Daniel N.Garner,for and
during the term of his natural life,in quarter annual installments or more
frequently in the event he should so desire.
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(3)To pay to my said husband,Daniel N.Garner,any portion
of the principal of said trust in the event the corporate trustee believes the
same is necessary for his comfort,maintenance and support,in order that
he may live in the manner to which he has become accustomed;provided,
however,that he shall use his individual funds for such purposes so long as
they be available.
(4)Upon the death of my said husband to pay the principal thereof
to my stepson,Daniel C.Garner.
(5)In the event my stepson,Daniel C.Garner,shall have pre-
deceased his father,to pay the income therefrom in quarter annual install-
ments or more frequently in the event he should so desire to my daughter-
in-law,Dorothy H.Garner,so long as she remains the widow of my stepson.
(6)In the event my daughter-in-law should remarry,or upon
her death,to distribute the income thereof to my grandchildren,share and
share alike and to distribute the corpus thereof to them,share and share alike,
said distribution of the corpus to be as follows:One-fourth (l /4)of each
grandchildI s share to be distributed to him when he reaches the age of twenty-
five (25)years;one -third (1/3)of the balance of his respective share to be
distributed to him when he reaches the age of thirty (30)years;the balance to
be distributed to him when he reaches the age of thirty-five (35)years.
ITEM V.I direct that my trustees,in both of said trusts in
addition to and not in limitation of any authority given by law,shall have the
following powers:
(1)For the payment of debts or for any purpose of adminis-
tration or distribution,power to sell,mortgage,lease,alter,improve,
partition and exchange all or any of my real estate,at any time during the
continuance in whole or in part of the trust under this my Will and at the
termination thereof for purpose of distribution,selling at public or private
sale,for such prices and upon such terms as to cash and credit as they or it
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may deem best,or upon the reservation of ground rents,and the said ground
rents in turn to extinguish or assign,and to grant and convey good and
sufficient title,without liability on the part of the purchasers or other persons
so dealing with the executor or trustees,to see to the application of the pur-
chase or consideration moneys.
(2)To purchase or otherwise acquire real estate and to
exercise the same powers thereover as hereinbefore provided with respect
to the other real estate of the estate.
(3)To retain all stocks,bonds and investments owned by me
and to invest and reinvest the trust estate herein created or any part thereof
in any kind of property,real or personal,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 hereafter defined by
law,whether by statutory enactment,judicial c_ecision or otherwise.
(4)To borrow money and pledge any stocks,bonds or other
personal property of the estate as security therefor,without liability on the
part of the lender to see to the application of said money.
(5)To purchase securities at a premium,to amortize the
premium out of income,or to charge the same to principal or income,or
partly to principal and partly to income,at such times and in such amounts
as it shall deem best.
(6)To exercise any option to subscribe for stocks,bonds or
other investments.
(7)To join in any plan of lease,mortgage,consolidation,
exchange,reorganization or foreclosure of any corporation in which the estate
may hold stocks,bonds or other securities.
(8)To retain indefinitely any part of the trust estate,real or
personal,which is or may become unproductive,or in the discretion of the
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trustees to make sale thereof.The trustee s in their or its discretion may
pay the carrying charges and expenses of property,during any year in which
it is unproductive,out of other principal of the trust estate,or out of the
income of other principal,or partly out of such principal or income,and they
or it may from time to time reimburse such principal or income for the whole
or part of said charges and expenses.The Trustees may apportion the proceeds
of sale of unproductive property between principal and income according to
law,or in their or its discretion they or it may pay said proceeds into
principal without apportionment.
(9)To co-mingle the assets of the trust herein granted with
the assets coming into their or its possession from any other source for the
benefit of the beneficiaries hereof under like or similar provisions.
(10)To either distribute capital gains or add such to the
principal of this trust at the discretion of the trustees;and either deduct capital
losses from income or charge them against the principal at the discretion of
the trustees.
(11)In the event any stocks of which I may die seized should
be given rights to subscribe for additional shares or should declare stock
dividends,I hereby authorize my trustees to apply the same either to corpus
or to income as in their or its discretion they or it shall deem best.
ITEM VI.I direct that all legacies and all shares and interest in
my estate whether principal or income,while in the hands of my executor or
trustees,shall not be subject to attachment,execution or sequestration,for
any debt,contract,obligation or liability of any legatee or beneficiary,and
shall not be subject to pledge,assignment,conveyance or anticipation,and
the personal receipt of such legatee or beneficiary,shall be the sufficient and
only discharge of my executor or trustees.
ITEM VII.I hereby authorize my executor,hereinafter named,
at his or its discretion to file a joint income tax return with my husband,Daniel
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N.Garner.
'.~,..:.-
ITEM VIII.I hereby authorize and empower my executor hereinafter
named to enter into any compromise which he or it shall deem to be proper
on account of any estate,income or other tax claims.
ITEM IX.I hereby authorize and empower my executor hereinafter
named to pay all inheritance,estate and succession taxes out of my residuary
estate.
ITEM X.I hereby nominate and appoint my husband,Daniel N.
Garner as Executor of this my Last Will and Testament.In the event for
any reason he should be unable or unwilling to serve,I hereby nominate
and appoint Mellon National Bank &Trust Company as Executor of this my
Last Will and Testament.
IN WITNESS WHEREOF,
day of/4;;4:Lk
I have hereunto set my hand thisJa ¥
,A.D.,1964.
This instrument consisting of seven (7)typewritten pages,(each
bearing the signature of the above named Elizabeth T.Garner),was by her on
the date hereof signed,published and declared by her to be her Last Will and
Testament,in our presence,who at her request and in her presence and in
the presence of each other,we believing her to be of sound and disposing
mind and memory have hereunto subscribed our names as witnesses:
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W"h.r:I~""~dL
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