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HomeMy WebLinkAbout1315_GOLDFARB_MEYER_117_400_03-25-1974_04-03-1974:; :.J ~ LAST WILL AND TESTAMENT OF MEYER GOLDFARB Dated:OC TO~/3 I 1967 And now April 3,1974,it being adjudged that said ~rlll has been proved,it is hereby admitted to probate and ordered to be recorded and Letters Testamentary are issued to Dora Goldfarb in said testament amed who was duly qualified. Russell Marino,Register WILL BOOK 117 PAGE 400 GOLDFARB AND GOLDFARB ATTORNEYS AT LAW 9 COURT SQlIARI':ARC:AnF WASHINGTON.PA. I,__.-----n__._ ·. .,. MEYER GOLDFARB HOWARD E.GOLDFARB ATTORNEYS AT LAW.'.'. t3-7L)-333·j l\pplirattnn fnr Jrnbatt nf lIill nf..~~x.~~g,9..~!?.~~~~. H ..late of...~~~.~r:!..<:.~.~.~.~.'J..~.?~~.?E.?.~2'.~,Washington County, Pennsylvania deceased,and ~rant of 1£rttrr.6 ID'r.6tamrntary. REGISTER'S OFFICE,I WASHINGTON COUNTY,rSS.: Before the Register of Wills of Washington County,personally appeared P.9..~G.9..~p..f.b:B.~who being duly sworn says that.M~.Y.§.f.G.9..+..g.f~tf.f?late resident of Ea.§.t.W.~.§.bJD.9..t.9.n:~.9.E.9.~grWashington County,Pennsylvania,a citizen of..P...~.~..,.b..,died testate at....§.9.:Y.th §.t.f..~p..9:.D:~'r.9.w.p..~p.Jp.,on the ??.t..hday of..M.i?x,g,h A.D.19 1A.. Washington County,Pa. at....~..;..9..?o'clock ?...~..m.,age ?J leaving an estate of the estimated value of $'Qn1snQ.w.n . personality,and $:Y.P..~D.9.W.P.realty,said real estate being located in .. The deceden.t's legatees and devisees are as follows: 0025 NAME RELATIONSHIP RESIDENCE 635 N.Wade Ave., Dora Goldfarb Wife Washington,Pa.15301 1252 Murrayhill Ave., Charlotte Bluestone Daughter Pittsburgh,Pa.15217 1414 Greenfield Eleanor Hirsh Daughter Los Angeles,Calif.9 15 McKennan Ave., Howard Goldfarb Son Washington,Pa.15301 Testator has D.Q.t married and nQ children have been born since the execution of the will offered for probate. Petitioner prays that the paper writing filed herewith dated QQ.j;;Q.b.~r J..J J..~..6.Z . may be admitted to probate as the last Will and Testament of said decedent,and to grant Letters Testamen- tary thereon to D.Q.M GQ.LD.f.A.R~.. whose postoffice address is gJ.5.N.A W..9..Q.~AY..~.A ..'w.g.s..h.i..D.g.t.QD.r..g,l ..'?J..Q.l .. Sworn to and subscribed before me this ;.<... ~!:?.:..~,~_A"D.19 Z.~.. ~~~············-R~;;;:;;:;·· l£~oj itt,.,..j.&:.~,{. Dora Goldfar COMMONWEALTH OF PENNSYLVANIA,}ss . WASHINGTON COUNTY,.. And now AP.r:il ~,19..7..4 ,comes DO.RA GDLDF.ARB ,. who being duly sworn doth depose and say that.,S,he will well and truly administer the goods and chat- tels,rights and credits of MEXER GQLD.F.ARB deceased, to the best of ....her....skill and judgment in strict compliance with the laws of this Commonwealth,mind- ful of the laws relating to inheritance taxes. Sworn and subscribed before me this .??...~:!!~i;iL . .>.r-l:v a ~.. !e 0 ''O!U ~""'~ : 0 C") coj ::tl 'I)c ~ r--~ 111:<•If) .'.Poll D:::!+Jr-l O'.~O('""ei oi ~!U) ,..., r.::J I r:0 .\~>i !ill tJ1co I +J: 0: s::l I L..,_; H!I=:Pol~~~~1111 ~! 0:.r-!'74 APR t9!r-l ..C!:!O!~ 0\Q)I=: \'ry~~!OJ ..~B !il!"O d r>o1j 0:Q,)0. :s tJ1 H:00 o!I=: 0:ttl ~ ••r-! .....:Q,)~ D::::~.....t9:u ~j :SoC :Q)~.... D:::1O REGISTt";(iF WILLS l/l II •.-E o co .Q 0: ...........r>o1!.-d W.b,SHIN!".:C"i CO .•PA. ~1 1f):S ;>i:~Q).....~r>o11 @I,;.."'"d <+-'000;..0Q)Q)..........~.....I=:Q)~!~~ ~ QInmmnuwrttlt4 nf t3-7~-333 Jruusyluauia 1IIlhnd,ington aLounty..!Hl: BE IT REMEM!3¥....a.:......,: 19 7.*before me . 5h rI..IJ /11.~................,I..:~day of ~J...,.. .~~:4 Register for the probate of ::~I::::·~'~".~~~90?llZ;i;J;;;z.;;;;;L?Jj;;;;;;;;;Zlqjj;;z ...................................................................,,~tvbscrIbmg wItnesses to the foregomg attached WIll of~~::::~:·:~;,~;:::.~:;=:~:I;:~~;Z;:~~~~·~~;,~~:;;:;·::,~~::~:=;~;.:: execution of said Will-saw the testat..O!"J.............sign the same-heard ~.;:?'-1 publish it as and for ...~~:4!..last Will and Testament;that they at...~~equest,in ~presence,and in the presence of each other,subscribed their names thereto as witnesses;and at the time of the doing thereof said testat (,C.~was of sound,disposing mind,memory and understanding,to the best of the affiants' knowledge and belief. Sworn and Subscribed Before Me ~~~L~t.4 /Reglste® " ,. LAST WILL AND TESTAMENT OF MEYER GOLDFARB I,MEYER GOLDFARB,of the Borough of East washing- ton,Washington County,Pennsylvania,being of sound and disposing mind,memory and understanding,do make and declare this to be my Last Will and Testament,hereby revoking and making void all other Wills by me at any time heretofore made. ARTICLE FIRST I direct that all my just debts and funeral expenses be paid and discharged as soon as convenie~tly may be done after my decease. ARTICLE SECOND I give,devise and bequeath absolutely to my wife, Dora Goldfarb,PROVIDED,HOvillVER,that she survives me by at least six months,that fractional share of my residuary estate which will equal the maximum marital deduction (allowable in determining the Federal Estate Tax on my gross estate)after taking into account the value for Federal Estate Tax purposes of all other items in my gross estate which qualify for said deduc- tion and which pass to,or have passed,to my wife under other provisions of this Will or otherwise.In making the computations to determine such fractional share,the final determinations in the Federal Estate Tax proceedings shall control;and only assets that qualify for the marital deduction shall be allocated to this share.If said maximum marital deduction shall be fully satisfied by assets passing to my wife otherwise,for example, as surviving joint (or entireties)tenant,or as insurance bene- ficiary,then she shall take nothing under this Article.Provided, further,and notwithstanding anything to the contrary hereinabove stated,that assets to be distributed in kind shall be so selected as to be fairly representative of any appreciation or deprecia- tion in the market value of all the assets available for such purposes. ARTICLE THIRD If my wife,Dora Goldfarb,survives me by less than six months,(and I here direct notwithstanding any presumption to the contrary,that my said wife shall be presumed to have survived me if my death and her death occur under such circumstances that there is no evidence that we have died otherwise than simultane- ously)I then I give,devise and bequeath to my said wife a frac- tional share of the residue of my estate,which share shall be valued as follows: One-half of the difference found by subtracting from the amount of my adjusted gross estate as finally determined for Federal Estate Tax purposes,the amount of my wife's adjusted gross estate (and my said wife's adjusted gross estate shall be calculated for this purpose without including any assets included in my adjusted gross estate);HOWEVER,further,subtracting from the amount calculated as one-half of said difference,the value of interests in property and proceeds of insurance,if any,which pass,or have passed,to my said wife under other provisions of this Will,or otherwise than under this Will,but only to the extent that such interests are included in my gross estate for Federal Estate Tax purposes and qualify for the marital deduction. -2- ,. ". Provided,further,and notwithstanding anything to the contrary hereinabove stated,that assets to be distributed in kind shall be so selected as to be fairly representative of any appreciation or depreciation in the market value of all the assets available for such purposes. ARTICLE FOURTH If my wife,Dora Goldfarb,survives my by six months or more,then I give,devise and bequeath all the rest and resi- due of my estate,IN TRUST,to my Trustees hereinafter named to hold,manage,and distribute the same upon the terms and condi- tions hereinafter stated: (A)The Trustees of this bequest shall be jointly my children,Charlotte Bluestone,Eleanor Hirsh and Howard Goldfarb,or the survivors of them. (B)The Trustees shall pay to my wife,Dora Goldfarb, during her life,in quarter annual installments,the income from the trust estate. (C)Upon the death of my said wife,the trust shall terminate and the principal shall be divided absolutely and free of trust equally among my children then surviving.If any of my children are not alive at that time,then the share said deceased child would have received if alive shall be distributed,per stirpes,to the issue of said deceased child. ARTICLE FIFTH I bequeath all the rest and residue of my estate, if any,in three equal shares to my three children,Charlotte Bluestone,Eleanor Hirsh and Howard Goldfarb"provided however that said children survive me by at least six months.If any child shall not survive me by at least six months,then I direct -3- I •I ~ that the share of said child be distributed,per stirpes,to the issue of said child surviving six months after my death. ARTICLE SIXTH (A)In all trusts created under this Will,the interest of the beneficiaries shall not be subject to anticipation or to voluntary or involuntary alienation;and the principal and income shall be paid by the Trustees direct to or for the use of the beneficiary entitled thereto,without regard to any assignment, order,attachment or claim whatever. (B)In all trusts created under this Will,the Trustees shall have full power and authority,without the necessity of obtaining the consent of any court,to do all acts,to execute, acknowledge and deliver all instruments and to exercise for the sole benefit of the beneficiaries hereunder any and all powers and discretions which would be lawful for them were they in their own right the actual owners of the property held in trust,including by way of illustration,but not limitation,any or all of the fol- lowing: (1)To retain any or all securities and other property, real or personal,which at any time may be or become a part of the trust estate,as well as any property into which the same or any part thereof may be converted by reason of any reorganization, recapitalization,consolidation,merger,liquidation exchange or other transaction,for such time as the Trustees shall deem ad- visable. (2)To sell,convert,assign,convey,exchange, transfer or otherwise dispose of,or grant options with respect to,any or all securities,or insurance policies,or other property,real or personal,at any time constituting part of the trust estate,at public or private sale,for such consideration -4- and upon such terms and conditions as the Trustees shall deem advisable,and without liability on the part of the purchaser to see to the application of the purchase money or to inquire into the validity or propriety of such sale;and to execute and deliver good and sufficient deeds for any real estate,conveying title free and clear of all trusts. (3)To hold in the form of cash,awaiting distri- bution or desirable investments,such port~on of the trust estate as at any time and from time to time the Trustees in their dis- cretion shall deem advisable,without liability to account for interest thereon. (4)To invest and reinvest the trust estate or any part thereof in any kind of property,real or personal,or part interest therein,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 decision or otherwise. (5)To manage and operate all real estate at any time held hereunder;to lease all or any part of the same for such terms and rentals and upon such conditions as the Trustees shall deem advisable,notwithstanding the terms of such lease may extend beyond the life any trust hereunder;to release, partition,vacate or abandon the same;to grant and acquire licenses and easements with respect thereto;to make improvements to or upon the same;to construct,demolish,alter,repair,main- tain and rebuild buildings and other improvements;and to use -5- other assets of the trust estate for any of such purposes. (6)To carry the securities and other property held hereunder either in their own names or in the name of a nominee. (7)To vote,in person or by proxy,all securities held hereunder;to join In or to dissent from and oppose the reorganization,recapitalization,consolidation,merger,liquida- tion or sale of corporations or properties;to exchange securities for other securities issued in connection with or resulting from any such transaction;to pay any assessment or expense which they may deem advisable for the protection of their interests as holder of any such securities;to deposit securities in any voting trust or with any protective or like committee or with a trustee or depositary;to exercise any options appurtenant to any securities for the conversion thereof into other securities;and to exercise or sell any rights issued upon or with respect to the securities of any corporation;all upon such terms as the Trustees shall deem advisable. (8)To prosecute,defend,compromise,arbitrate or otherwise adjust or settle claims in favor of or against the Trustees or the trust estate. (9)To make division or distribution of any trust hereunder in kind or in money,or partly in kind and partly in money,to determine the fair value of the property then being placed In trust,divided or distributed and to allot different kinds of or interests in property to different shares;the Trustees may take any action that may be necessary or proper in making such division or distribution,and the designation,division or partition of any or all of said property,real or personal,shall -6- be binding and conclusive upon all persons interested therein. (10)To apportion stock,extraordinary and liquida- ting dividends between principal and income;and to determine what constitutes such dividends;to allocate receipts and ex- penditures between principal and income as the Trustees alone shall deem advisable. (11)The Trustees shall have full power,authority and discretion to deal with any situation which may arise re- specting the trust estate or any part thereof in such manner as they shall deem advisable and for the best interests of the trust.The grant to the Trustees of any specific power,authority or discretion,or the failure to grant specifically herein any other power,authority or discretion,shall not be construed to limit or curtail in any way or to any extent said full and com- plete power,authority and discretion which it is intended and directed shall be exercisable at all times by the Trustees respecting any and all matters of whatsoever character pertaining to the trust estate or any part thereof. ARTICLE SEVENTH (A)In all trusts created under this Will,the following provisions shall apply: (1)All powers given to the Trustees by this instru- ment are exercisable by the Trustees only in a fiduciary capacity. No power given to the Trustees hereunder shall be construed to enable the Trustees or a beneficiary or any person to purchase, exchange or otherwise deal with the principal or income for less than an adequate consideration in money or money's worth. -7- (2) ,. The Trustees,acting in good faith,shall not be responsible or accountable for any loss resulting from the exercise or non-exercise of any of the powers or discretions conferred upon it by the provisions of this Article. (3)No Trustees shall be required to enter bond or furnish securities in any jurisdiction provided that the Trustees are the persons indicated in Article Fourth,paragraph (A)of this will. (4)Every Successor Trustee shall have all the rights,powers,titles,privileges and duties,whether discretion- ary or otherwise,given to the original Trustees and shall be subject to the same reservations,limitations,terms and condi- tions. (5)All payments of income to a beneficiary shall be made quarter-annually by the Trustees,or more frequently if the Trustees desire. (6)If any beneficiary shall,in the sole opinion of the Trustees,become mentally or physically incapacitated, the Trustees may apply such beneficiary1s share,either of princi- pal or income,for the support and welfare of such beneficiary, directly,without the intervention of any guardian. (7)If a minor child becomes entitled to receive a distribution from the trust estate,whether of income or princi- pal,then such distribution may be made by the Trustees to the person having legal custody of said minor,without liability on the part of the Trustees to see to the application thereof. (8)In the event of a disagreement among the Trustees, the vote of a majority of the Trustees shall control. -8- (B) '- Whenever used in this Will,the singular shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders.As used herein,the term "Trustees"also means Successor Trustees. (c)Whenever used in this Will,the term "children" and "issue"include children legally adopted by the deceased parent,and children who have been conceived prior to the death of the parent. ARTICLE EIGHTH All estate,inheritance,succession and other death taxes,imposed or payable by reason of my death,and interest and penalties thereon,with respect to all property comprising my gross estate for death tax purposes,whether or not such property passes under this Will,shall be paid out of the residue of my general estate,as if such taxes were administration ex- penses,without apportionment or right of reimbursement.I authorize my executors to pay all such taxes at such time or times as they deem advisable. ARTICLE NINTH I hereby appoint my wife,Dora Goldfarb,Executrix of this Will.Should Dora Goldfarb,for any reason,fail to qualify or cease to act as such during the administration of my estate, I appoint Howard Goldfarb Executor of this Will.Should Howard Goldfarb,for any reason,fail to qualify or cease to act as such, I appoint Charlotte Bluestone and Eleanor Hirsh as Joint-Execu- trixes.My executor shall have,in addition to those powers given by law,the same powers as my Trustees under Article Sixth, paragraph (B)of this Will.No executor shall be required to enter bond or furnish securities in any jurisdiction. -9- ·.','"I",~.'. IN WITNESS WHEREOF,I,MEYER GOLDFARB,Testator above named,have to tpis my Will,set my hand and seal,this W~1967,~aYOf ten (10)page Will. on this final page of this Signed,sealed,published and declared by the above named Testator,as and for his Will,in the presence of us,who, at his request,and in his presence,and in the presence of each other,have hereunto subscribed our names as witnesses -10-