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HomeMy WebLinkAbout1513_CARY_ELMAS_61_541_03-23-1941_04-14-1941... -- p Dated January 23,1933 WILL OF: ELMAS CARY And now April l4th,194l, it beinG adjudged that said Will has been duly proved,it is hereby admitted to probate and ordered to be recorded, and Letters Testtuuentary are issued to Harry F.Moore, in suid Test2illlent named,who was duly ~ualified. Leo L Considine Register. MOORE &.GOURLEY _Attornevs at Law 217·8 Washington Trust Building Wuhington,Pa. Will Book 61 Page 541.°t J081AH 8fr04ITH co..LAW .TATION....I 104 l:IlCOND AVE.~ITT.8U~QH • 1\pplirattnn fnr Jrnhatr nf Ifill nf ELMAS CARY also known as ELMUS CARY and ELMAR CARY late of the city of Washington ~rant of ~etter.5 '<lre5huumhtrl:!. Washington County,Pennsylvania,deceased,and REGISTER'S OFFICE,} WASHINGTON COUNTY,SS.: Before the Register of Wills of Washington County,personally appeared __--"H=a=r"--r~y---=F'--'."---'M=o-"'o'-"r'--'e~-------------______='who being Cary Elmas Cary also known as Elmus Cary and ElmaJfate resident ofdulyswornsaysthat _W_a_s_h_l_"n--'='gc-t_o_n .,Washington County,Pennsylvania,a citizen of --~P~ennfJn~l~a!._---died at 2:30 0 'clock A..m.,on the_-""-2-"!3""-r-"'d'----_day of __---=M.::.·a=r=-=c.::.h~.A.D.19 41 leaving an estate of the estimated value of $_~l.l..&.2~O~O<:.j.~O.c.:O~personalty,and $__-'--tl'-=o-=.n=-:e=-----_ realty,said real estate being located in -_ The decedent's legatees and devises are as follows: NAME RELATIONSHIP RESIDENCE Emma Cary Widow'Washington,Pa. Wilbert Cary Son Dunn Station,Pa. Dessie Cary Reed Daughter Gloucester City,N Anna Cary Miller Daughter Washington,Pa. - Testator has__.LIn,J./oCJot,--_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 23rd day of January,1933 ________________may be admitted to probate as the last Will and Testament of said decedent,and to grant Letters Testa~entarythereon to Harry F.lVloore __________whose postoffice address is 217-218 Wash.Trust Bldg.ashington,Pa. Sworn to and submibed bela",me tbis ) --,1",--"4~t""",,h~L1~~__ .~I -------rr------------- OOMMONWEALTH OF PENNSYLVANIA,} WASIDNGTON COUNTY SS.:, And now April 14,.,19.41.,comes__Ha_r_r-'y"--_F_-_M_O_o_r_e _ who being duly sworn doth depose and say that---.he.-will well and truly administer the goods and chattels, rights and credits of Klmas Cary 81 so knovm as E1mus Cary and K1mar Ca,r'eceased, to the best oLhia.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 14th day of.~'2 A.D.19.41 •~!,',--,q -I ("-'--< Register Ol ~~I QS QS ~ on 0") r-< ~0 ,...; .....~I • m IX:m :> ~ 0 ~A.. ~ 0") .§ ,...; .....H l1.I -A Q o .-oW f;il ~I - IX: ..........IL ., ~......l1.I ~'"d 0 -- <lj .........-I "'s:: 0 [,I I~L· .....m ~(lj ~ II Q) -,.--~l - .....,.g >i ~>iIX:IX:I ~«.-0 H b;J1 o 0 Q) f l_i_ ..., c l1.l l1.l I:i I 5 '"~<H C5 0 en W rx:l Q) ~Q) , ...,...,0 ~I'" ...,..., ~Q)I:i~P ..-0 ..,.Q) ...--<Ii~ • Q.Tommouwraltq of'ruuayluauia musqttt-gtOtt Q1outtly,ss: BE IT REM~~That ~on thi 1.1 ,.day OL.~. 19/:/1..,before me f?L':..........Reglster for the Probate of Wil~grantin(2~t~rs of ~dm~stra~withinan?for {f~~. ...................~.•.......~~,. .............................(fJI!~.-.:~.the subscribing witnesses to the foregoing attached Will of .................................~. deceased,who,after being duly qualified accordino to law,depose and say:hat they were present at the.x0n of said Will-saw the testat.<"Y.~the amo--hea;d ;publish it as and fm ....................last \Vill and Testament;that they aL request,i presence,and in the presence of each other,subscribed their names thereto as witnesses;and at the time of the doing thereof said testat.Ar!was of sound,disposing mind,memory and understanding,to the best of the affiants' knowledge and belief. '-lJrn ~subscri MONONGAHELA PUBLiSHING COMPANY Register ::::::~.:C2::~:::: ••- I,ELMAS CARY,a resident of the City of Washington, Washington County,Pennsylvania,being of sound mind and memory do hereby make,publish and declare this my Last Will and Testament,hereby revoking all wills,codicils and testamentary dispositions by me at any time heretofore made. ITEM 1.I hereby direct that all my just debts and funeral expenses be paid as soon after my decease as may be found convenient. ITEM 2.I hereby direct that my body be buried in the burying ground of the Methodist Church of Amity,~a., beside my wife,Frances Cary,and I further direct my executor hereinafter named to employ Barr &Shrontz to be the undertaker of my funeral and to purchase from the said Barr &Shrontz a metallic casket for my burial,at such a price so that the total of my funeral expenses shall not exceed One Thousand ($1000.00)Dollars. ITEM 3.I will,devise and bequeathID my wife,EmmaI Cary,her heirs and assigns,all of the household furniture and all other articles of domestic use,located in the home in which we may be liVing at the time of my death. ITEM 4.I Will,devise and bequeath to my son,wilbe t Cary,of Morris Township,vvashington County,Pennsylvania,his heirs and assigns,the sum of Two Hundred ($200.00)Dollars, said legacy to be free of inheritance tax. ITEM 5.I anticipate no obstruction to the amicable administration of my estate;nevertheless,I think it may be prudent to stipulate,and I do hereby stipulate this condition, to~it:That if any of the following persons,beneficiaries named herein,who directly or indirectly resists the probate of,or contests the validity thereof,Shall by such opposition or contest be thereby ab initio barred and divested of the benefits herein provided for him or her,and his or her distributive share shall then be distributed in the following • )Page two) manner,to-wit:If it be my son Wilbert Cary,who violates the terms of this paragraph of my will,then his share shall be distributed in accordance with the terms of the residuary clause of my will herein;if either of my daughters shall violate the terms of this paragraph of my will,in that event, ~SUCh share as each of them is to receive under the terms of this will shall be ditided equally between my wife,my son and the other daughter who makes no contest to this will,and if both of my daughters violate the terms of this paragraph of my will,then such share as they each would receive under the terms of this will shall be divided equally bett/een my wife,~mma Cary and my son,Wilbert Cary. ITEM 6.All the rest,residue and remainder of my estate,real,personal and mixed,whatsoever,I order and direct to be converted into money within six months from the date of my death,and for that purpose I do hereby authorize, empower and direct my said Executor hereinafter named,to sell, Idispose of,and convey in fee simple all my real estate of which II may be seized at the time of my death,either by public or private sale or sales,without any liability of the purchaser or purchasers for the application,non-epplication or mis- application of the purchase moneys,and for that purpose I do hereby authorize and empower my said executor to make, execute,acknowledge and deliver to the purchaser or purchasers of my real estate,a good and sufficient deed for the same, in fee simple,and when the whole of my said residuary estate shall be converted into money,I will and direct that said money shall be divided into three parts and shares and disposed of as follows,to-wit:One-third (1/3)of said money to my wife,Emma Cary,her heirs and assigns;two-fifths (2/5)of the remaining two-thirds (2/3)of said money to my daughter,Dessie Cary Reed,her heirs and assigns,and three-fifths (3/5)of the I two-thirds (2/3)of said money to my daughter,Anna Cary Miller, II (Page three) her heirs and assigns. LASTLY,I do nominate,constitute and appoint HAHRY F.MOORE,of washington,Pennsylvania,Executor of this my last Will and Testament. IN WITNESS WHEREOF,I,Elmas Cary,the Testator above named,have hereunto subscribed my name and affixed my seal this the 23rd day of January,in the year of our Lord,one thousand nine hundred and thirty-three (1933). Signed,sealed,published and declared by the above named testator,~lmas Cary,as and 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.