HomeMy WebLinkAbout1565_DEVORE_CLARENCE_93_59_05-08-1961_05-17-1961-.6-
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RE:
CLARENCE O.DEVORE
LAST WILL AND TESTAMENT
nd now May 17,1961,it
being adjudged that saie Wi~l
has been duly proved,it is
hereby admitted to probat
and ordered to be recordeu,
and Letters Testamentary ar
ssued to Helen P.Devore,i
said T,jslament named,who
was duly qualified.
James H.DouClas,
Register.
CLARENCE O.DEVORE
ATTORNEY AT LAW
MONONGAHELA,PENNA.
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',"11 93 PA'JE 59
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i\ppliration for Jrohatr of Ifill of..C.UR~.NQ~Q.t P..$.YQR~.
........................................................1ate of t.P...~gJ:t.y.Q;f.M.9..~Q~g~.p..~l.~.a ,Washington County,
Pennsylvania deceased,and ~faut of ffidt.l'f.ll w.l'.Iltnm.l'ufary.
REGISTER'S OFFICE,
WASHINGTON COUNTY,}SS.:
Before the Register of Wills of Washington
County,personally appeared H~.l~~P..,p.~yQr~..,who being
duly sworn says that...:C.lli\.r..e.D.C.~Q.A D~.y..Q;r.~:late resident of
...............Mon.o.ngli\.b.e.l.~.J ,Washington County,Pennsylvania,a citizen of..JJ.~J.t.~.Q ~.~~.:t~§died
Penna.
testate at.....M.e.r.c.Y.H.o.:;tP.i.t.~l..,P.i:t.:t..~b.g..:r.gb..a.lon the B.:t.b...day of..Mf!Y..,A.D ..19.JU·.
at....7..;.Q9.o'clock P..~.m.,age ~.7..leaving an estate of the estimated value of $}.9.gLQ.~2..~.QQ ..
personalty,and $N.o.n.e.realty,said real estate being located in ..
The decedent's legatees and devisees are as follows:
NAME
Helen P.Devore
RELATIONSHIP
Wife I 816 La~:::~Estreet
I Monon~ahela Penna.
I
First National Bank of McKeesport IMonon~ahela Penna.
I
vania National Bank,McKeesport I
Pennsylvania,now Western Pennsyl,
Testator has J~.Q:t.married and RQ children have been born since the
execution of the will offered for probate.
Petitioner prays that the paper writing filed herewith dated M~.y.?J )J~?..~.1...
..7..~"f?.h.f)~.
may be admitted to probate as the last Will and Testament of said decedent,and to grant Letters Testamen-
tary thereon to lJ~.!.~~p..,p.~y.9..r..~.
whose postoffice address is ~JJt..~~~.~~9..~~.t.!".~.~~..,M.QP.:9..~g~.~~J.~.,:P,~.~P.:~.¥..!!.~~,;,~.!..
Sworn to and subscribed before me this......11.:t.b )tZf...M.~Y..J A.D.19 ~J../~~·L!~~_··R~;;;;;;···1
COMMONWEALTH OF PENNSYLVANIA,}SS.
WASHINGTON COUNTY,..
And now ~~.y J.7..~.~..t ,19."p..l..,comes B.~l~.p.P.P..e.Y..Qr.e .
who being duly sworn doth depose and say that...§.h~will well and truly administer the goods and chat-
tels,rights and credits of..gJ.~!:~.~~.~Q.t P..~Y..Q.:r.~..,........................................................................deceased,
to the best of ..~.~r."....skill and judgment in strict compliance with the laws of this Commonwealth,mind-
ful of the laws relating to inheritance taxes.
Sworn and subcribed before me this !1..1:.~..;j~t?...JJl~..
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LAST WILL AND TESTAMENT
I,CLARENCE O.DEVORE,of the City of Monongahela,
Washington County,Pennsylvania,make and publish this my Last
Will and Testament,hereby revoking and making void all former
Wills by me at any time made.
FIRST:I direct that my Executor shall,as soon as con-
veniently may be done,pay all my just debts and funeral expenses,
and erect a suitable monument for the burial place of myself and
my wife.
SECOND:I give,devise and bequeath all of the books,
furniture,equipment and records owned by me in the conduct of my
practice of law,including the good-will thereof,also all of the
accounts receivable in connection with such practice,remaining
after payment therefrom of all obligations payable in connection
with said practice,to my wife,HELEN P.DEVORE,absolutely,if
she should survive me;otherwise,the same shall be sold and the
proceeds added to my residuary estate.
THIRD:All household goods,furniture,all my personal
effects such as jewelry,automobiles,home library and all other
articles of domestic and personal use,I give,devise and bequeath
unto my wife,HELEN P.DEVORE,if she should survive me;otherwise
I give and bequeath to my son so much of said property as he or
the person having custody of him may select for him and the rest 0
said property shall be sold and the proceeds added to my residuary
estate.In event my son should then be a minor,I authorize my
Executor to deliver said property,without bond,to the person
then having custody of him and the receipt of such person shall be
a completed discharge of all obligations of my Executor with re-
gard to said property.
FOURTH:I hereby give,devise and bequeath to THE FIRST
NATIONAL BANK OF McKEESPORT,PENNSYLVANIA,.or its successors,IN
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TRUST NEVERTHELESS,that portion of my estate,the value of which
shall be exactly the sum needed to obtain the maximum marital
deduction in determining the Federal estate tax on my estate,less
the value of other property and interests passing,or that have
passed,from me to my wife,HELEN P.DEVORE,otherwise than under
this paragraph of my Will,but only to the extent that said pro-
perty or interests is included in my gross estate for Federal es-
tate tax purposes and is allowable as a marital deduction.and
in computing the value of the property passing under this clause,
the final determinations in the Federal estate tax proceeding shal
control and only assets that qualify for said deduction shall pass
under this clause;to hold in the same form in which it is receive
or to sell the same or any part thereof,to manage,invest and re-
invest and to collect and receive the income arising therefrom.
and after deducting all necessary expenses properly chargeable
thereto,to pay to my wife,HELEN P.DEVORE,the net income aris-
ing therefrom in convenient installments,but at least quarter-
annually from the date of my decease so long as she may live,
I hereby authorize and empower my said wife to make testa-
mentary disposition of the principal of "T~ust A"together with
any accrued or undistributed income,and direct my said trustees
to convey,transfer,deliver and pay over the same to such person
or persons,including her estate,in such proportions and in such
manner,whether in trust or otherwise.as she may direct and appoi t
in and by her Last Will and Testament,and in default of such test
amentary disposition,then I direct that upon the death of my said
wife,the balance remaining in said trust fund shall become a part
of "Trust B"and shall be administered and disposed of in the man-
ner hereinafter provided for my residuary estate as set forth in
the Fifth paragraph of this my Last Will and Testament.Also.in
the event that my said wife does not survive me,then this portion
of my estate shall be added to said "Trust B".
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I hereby authorize and empower my said Trustee,or its suc-
cessor,to make disbursements out of the principal of this Trust
to my said wife in such amounts and at such times as it or they,
in it or their discretion,may deem advisable in the event that
the total income received by her,from all sources,is not suffi-
cient for her proper maintenance and support,consistent with the
manner in which she has been accustomed to living during my life-
time;and shall also pay therefrom all her necessary medical,
dental,hospital and nursing expenses.
All property devised and bequeathed,in trust,by this para-
graph "Fourth"shall be held and administered by said Trustee,or
its successors,as a separate trust to be known as "Trust An.
FIFTH:I hereby give,devise and bequeath all the rest,
residue and remainder of my estate,of whatever nature and whereve
situated,of which I may be entitled at the time of my decease to
THE FIRST NATIONAL BANK OF McKEESPORT,PENNSYLVANIA,or its suc-
cessors,IN TRUST NEVERTHELESS,to hold in the same form in which
it is received or to sell the same or any part thereof,to manage,
invest and reinvest and to collect and receive the income arising
therefrom,and after deducting all necessary expenses properly
chargeable thereto,to administer and distribute the same for the
following uses and purposes:
(a)To pay to my wife,HELEN P.DEVORE,at least quarter-
annually from the date of my decease so long as she may live,the
net income arising from this Trust;and I hereby authorize and
empower my said Trustee,or its successor,to make disbursements
out of the principal of this Trust to my said wife in such amounts
and at such times as it or they,in its or their discretion,may
deem advisable in the event that the total income received by her
from all sources,is not sufficient for her proper maintenance
and support,consistent with the manner in which she has been accu -
tomed to living during my lifetime;and shall also pay therefrom
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all her necessary medical,dental,hospital and nursing expenses.
(b)To pay from the principal of this Trust Fund during the
lifetime of my wife,and from the principal and/or income after
the death of my wife such amounts as may be requested by my wife,
during her lifetime,or by our son,TIM DOUGLAS DEVORE,after the
death of my wife for medical,dental,hospital and nursing service
rendered to or for our said son and to or for his wife and child-
ren.Any such payment or payments shall be charged as an advance-
ment against the respective share of the beneficiary for whom said
expenditures are made,and to which such beneficiary will be ulti-
mately entitled.
(c)To payout of the principal of this Trust Fund,during
the lifetime of my wife,and out of the principal and/or income,
after the death of my wife,the entire cost of such education as
may be desired by or for our son,TIM DOUGLAS DEVORE,at such
schools as my wife or son shall choose,including books and a lib-
eral allowance for clothing,maintenance and spending-money,durin
the period of such education.
(d)To payout of the principal of this Trust Fund such sum
or sums,as my wife may designate,or as may be requested by my
son if my wife is then deceased,to assist my son in engaging in a
business or entering a profession,not to exceed however,the sum
of Ten Thousand ($lO,OOO.OO)Dollars.
(e)Upon the death of my wife,the Trustee shall pay the
entire income from the principal of this Trust Fund,(including
any accumulated income therefrom)and from such property or estate
as may be added thereto by virtue of the Last Will of my said wife
in the exercise of the Power of Appointment hereinabove granted to
her;and from the entire principal of said fund,together with
accumulated income,if my wife should fail to exercise said Power
of Appointment,quarter-annually to and for the benefit of my son
during his lifetime,subject to distribution of the principal of
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said Trust Fund as follows:I direct that one-third (1/3)of the
principal of said Trust Fund be paid to and delivered to my son
absolutely when he attains the age of twenty-five (25)years;that
one-third (1/3)of the principal of said Trust Fund be paid to and
delivered to my son absolutely when he attains the age of thirty
(30)years;and that the remaining one-third (1/3)of the princi-
pal of said Trust Fund be paid to and delivered to my son absolute
ly when he attains the age of thirty-five (35)years.Regardless
of the foregoing provisions for distribution of principal,I do
hereby authorize and empower said Trustee to pay at any time after
the death of my wife,to my son,TIM DOUGLAS DEVORE,from said
principal,such sum or sums as said Trustee may deem advisable to
assist him in an~situation wherein money may be needed.If my
son should die before receiving distribution of the full principal
of said trust as above provided,I direct that the Trust Fund as
then constituted,be distributed,share and share alike,per stir-
pes,to the children of my said son or to the issue of any of his
deceased children,said issue to have divided among them the share
which their parent would have received if living at the time of
said distribution.If my son should die before receiving distri-
bution of the full principal of said trust,leaving no direct des-
cendents surviving him,then I direct that one-sixth (1/6)of said
Trust Fund,as then constituted,be transferred and delivered ab-
solutely to the Children's Home of Pittsburgh,and if it is then
not in existence,to such other institutions as are operated for
the adoption of children,as said Trustee shall select;to trans-
fer and deliver absolutely one-sixth (1/6)of said Trust Fund to
such charitable organization or organizations operating for the
benefit of crippled,blind or deaf children,as said Trustee shall
select;to transfer and deliver absolutely the remaining two-third
(2/3)of said Trust Fund as follows:The two-third (2/3)portion
thereof to my lineal nieces and nephews (eliminating Donald Hill
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and his issue)share and share alike,per stirpes,issue of de-
ceased nieces and nephews to have divided among them the share
which their parent would have received if living at the time of
said distribution;and the remaining one-third (1/3)portion there
of equally to my wifets lineal nieces and nephews,per stirpes,
with issue of any deceased niece or nephew taking as hereinabove
set forth the share of their parent.
(f)I direct that there be paid from the corpus of this
Trust Fund a sum not exceeding One Thousand ($1,000.00)Dollars
for the burial expenses of my sister,ANNA B.DEVORE,if her es-
tate is insufficient to pay such expenses in full.
(g)All property devised and bequeathed,in trust,by this
paragraph "Fifth"and the sub-sections (a)to (g)thereunder shall
be held and administered by said Trustee or its successors,as a
separate trust to be known as "Trust B".
SIXTH:In addition to all of the foregoing provisions in
favor of my wife,she shall have the right to withdraw from the
principal of both "Trust Aft and "Trust B"sufficient thereof as
may be required to make her total income remaining after payment
of all taxes of every nature,State or Federal,upon her total
income,to provide a minimum net monthly income to her of Five
Hundred ($500.00)Dollars per month.
SEVENTH:In addition to all the foregoing provisions or
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privileges in favor of my wife,HELEN P.DEVORE,and not as a lim-
itation upon any such privileges,she shall have the right to with
draw from the principal of both "Trust A"and "Trust B"from time
to time,any additional amount,not exceeding however,the sum of
Five Thousand ($5,000.00)Dollars in anyone calendar year,whidh
+--privilege shall exist only when exercised voluntarily by her and
in no event shall it be interpreted to include an involuntary ex-
ercise of such right by her.
EIGHTH:I hereby direct that neither the income or the
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corpus of either the Trusts hereinabove established by paragraphs
"Fourth"and "Fifth"hereof,shall in any way become subject to,
or liable for,the debts,liabilities,creditors,assignment,
pledges,contracts,transfer or anticipations of any beneficiary
named in said Trusts,or any person who shall acquire an interest
therein,under the terms thereof,nor to any attachment or execu-
tion for any claim of any kind or nature.
NINTH:I direct my Executor,hereinafter named,to pay
out of the principal of "Trust B"all estate,inheritance,legacy
and succession taxes,imposed upon or payable with respect to any
property or interest in property which may be included as part of
my estate for the purposes of said taxes,at such time and in such
manner as my Executor in its sole discretion shall determine,and
no part thereof shall be collected from or prorated among any per-
son or persons receiving or in possession of,or receiving the
benefit of,the property or interest in property taxed;it being
my particular intention that the bequest to my wife and the be-
quest and devise for the benefit of my wife shall be free of all
such taxes.In the absolute discretion of my Executor,such taxes
may be paid immediately,or the payment of taxes on future or re-
mainder interests under the residuary clause hereof may be post-
poned until the time possession thereof accrues to the beneficiary
in which event such taxes shall be paid out of the principal of
the trust subject thereto.
TENTH:In the event of my death and the death of my wife,
HELEN P.DEVORE,as a result of some common accident or common cas
ualty of any kind,or under any other circumstances creating a
doubt as to which of us survived the other,I hereby direct that,
unless it can be proved that I have survived my wife,my wife shal
be presumed to have survived me and any presumption of law to the
contrary shall not be applicable.
ELEVENTH:If my wife should be living after our son reaches
the age of thirty (30)years,I dtrect that there be distributed
to him from the corpus of "Trust B"such amounts as my wife,from
time to time,may designate;subject to the limitations to maximum
amounts and other limitation of his age as are set forth in sub-
paragraph (e)of paragraph "Fifth"hereof.
TWELFTH:I hereby authorize and empower the Trustee,herein
designated,and its successors,in the administration of any Trust
hereby established to take and to retain as an investment for said
trust estate,without any duty of diversification,any and all
securities or other property,real or personal,forming a part of
my estate;also the right to invest said trust estate,or any part
thereof in such securities as said Trustee may deem advisable,
without regard to whether or not said securities are of the qual-
ities classified as "Legal Investments by Fiduciaries",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.
THIRTEENTH:The Trustee may in its discretion make division
or distribution of any trust hereunder in kind or in money,or
partly in kind and partly in money,and may allot different kinds
of or interests in property to different shares.The Trustee may
take any action that may be necessary or proper in making any such
division or distribution,and the designation,division or parti-
tion of any or all of said trust property,real or personal,shall
be binding and conclusive upon all persons interested therein.
FOURTEENTH:If both my wife and myself should be deceased,
during the minority of our son,TIM DOUGLAS DEVORE,I hereby direc
that the personal custody and supervision of our said son,during
his minority,shall be given to my brother-in-law,EDGAR J.POLLOC
and his wife,JUANITA POLLOCK,of East Washington,Pennsylvania,
if they are willing to assume these duties and responsibilities,
and I direct that they be well compensated from the income or
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principal of said Trust Estate for such services.
FIFTEENTH:I hereby authorize and empower my Executor and/or
Trustee to sell all real property,wherever situate,of which I
may die possessed,at such time and for such consideration and
upon such terms and conditions as they shall see fit,and I do
hereby authorize the necessary execution,acknowledgement and de-
livery of said Deed or Deeds.
SIXTEENTH:I do hereby nominate,constitute and appoint The
First National Bank of McKeesport,Pennsylvania,or its successor,
as Testamentary Guardian of the estates of any minors entitled to
distribution under the terms hereof giving and granting to said
guardian the power to agree to any distribution of the share of
said minor or minors in my estate as said guardian may deem advis-
able,giving said guardian the power to distribute both income and
principal for the benefit of said minor wards to assist them in an
situation wherein money may be needed,hereby granting to said
guardian all of the powers and authority herein granted to the
Trustee of my estate.
SEVENTEENTH:I hereby nominate,constitute and appoint my
wife,HELEN P.DEVORE,as Executrix of this my Last Will and Test-
ament.In case of her inability or refusal to act,I nominate,
constitute and appoint THE FIRST NATIONAL BANK OF McKEESPORT,PEN-
NSYLVANIA,as such Executor.I do hereby give and grant to my Ex-
ecutor or Executrix aforesaid,or their successors,the same broad
power of retention,sale,conversion,investment and management of
my estate,real and personal,as are hereinbefore granted to the
Trustee,hereinbefore referred to;and in addition thereto the
right to distribute my securities or other property in kind to sai
Trustee.
IN WITNESS WHEREOF,to this my Last Will and
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Testament,typewritten on ten (10)sheets of paper,I have here-
unto set my hand and seal this 5th day of May,A.D.1956.
Signed,sealed,published and declared by CLARENCE O.DEVORE,
the Testator above named,as and for his Last Will and Testament
in the presence of us,who,at his request,in his presence and in
the presence of each other,have hereunto subscribed our names as
witnesses hereto.
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(!IommoulUralt4 of Jruusyluauta
Basqiugtou mouutg,ss:
7-;/~BE IT REMEMBERED,That upon this L day of ~..
19..r../..,before me ~.~.~.~n!P..9..4.s.~.~.§Register for the probate of
Wills and granting Letters of Administration within and for said county,came ..
.................................J.~.n.e.t M~.e B."gu.s.~.nd M.1kdr.oo W .3ta.t.he.......
.............................................................................................................the subscribing witnesses to the foregoing attached Will of
...............................................Q.~~.;r..~~£.~9..!p..~.y..Q;r..~.
deceased,who,after being duly qualified according to law,depose and say:That they were present at the
execution of said Will-saw the testat....Q;r sign the same-heard JUm publish it as and for
..............~.~.~.last Will and Testament;that they at...Ef~.§request,in H.~.~presence,and in the
presence of each other,subscribed their names thereto as witnesses;and at the time of the doing thereof said
testat.....g.!'was of sound,disposing mind,memory and understanding,to the best of the affiants'
knowledge and belief.
.....~:£~:A:'."..::~~Register
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