HomeMy WebLinkAbout1567_HARRINGTON_WILLIAM_70_305_03-31-1947The State of Obio,W.~.s.h.1.ng.t.~m Coaaty,.
I,w.n,..aV.R P..A J..QNE.5..Ex-Officio Clerk of the
Probate Court within and for the COl~nty and State aforesaid,hereby certify that
.......................................................................~.~.~~.y.~p..~<!..~~.~.~is sole Judge of said
Probate Court,duly commissioned and qualified,and now acting as such.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the
seal of sajd ,at M.g,r..l.e.:t...~'Ohio,
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5-39.1 THECOLUMBUS BLANK BOOKID'G.CO••COL••O.
CERTIFICATES TO COpy
U.S.Revised Statutes.See.905
PROBATE COURT
21118
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The State of Ohio,W~.s.b.J..ng.t..Q.n.._CoUDty,SS.
I,WJ1:.!.~H!.R P..~J.Q.N.~.~:Judge and Ex-Officio Clerk of the
Probate Court,within and for said County having the custody of the Files,Journals
and Records of said Court,do hereby certify that the foregoing is a true copy of
t?.~~.~:.~.~~.~f..~~.~~~.~.~.~.~~~g..~9.J !'!JJ:)J.~.~R~.r.!.J.ng:~g.n.J .
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as the same appear.....supon the records of said Court;and I further certify,that I
have carefully compared the foregoing copy with the original record,and that the
sanM is a full and correct transcript thereof.
IN JiV'ITNESS WHEREOF,I have hereunto set my hand and affixed the
seal 0t-~urt,at ..Mar.i.et.ta Ohio,
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this(.?.~~.h.~7 .
The State of Ohio,W.~.~.h.~J1.g,~.Q.D._County,SS.
I,~!..~~.y.~~.~~g~.~.§sole Judge of the Probate
Court,within and for said County and State,the same being a Court of law and of
record,do hereby certify that W.l~».YR p..,;J..Q.N.~S.: .
whose genuine signatu,re is attached to the foregoing certificate,was at the date there-
of,and now is Ex-Officio Clerk of said Probate Court,and as such,full faith and
credit are due his acts,and that the above certificate and attestation are in due forrn
of law,and made by the proper officer.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the
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LAST WILL AND TESTAMENT
I,WILLIAM HARRINGTON~of the City of Marietta,Ohio,
being of sound and disposing mind and memory,considering the
uncertainty of life,and de siring to make dispo.sit ion of the
property of which I die seized,do make,publish and declare
this to be my Last Will and Testament,hereby'revoking any and
all former Wills heretofore by me made.
FIRST:I desire that all my just debts and funeral
expenses be paid as soon as practicable after my decease.
SECOND:I give,devise and bequeath to my beloved
wife,Hulda J.Harrington,all household goods and furnishings,
silverware,individual and personal jewelry,and all pleasure
automobiles,of which I die seized and possessed,to be her sole
and individual property,to have and to hold to her and her heirs
forever.I request that no appraisement be made of my household
goods and furnishings.However,should my wife die before my
death,I give,devise and bequeath unto the then surviving of my
three children,Mary Harrington Hart,Esther Harrington Putnam,
and William Kettering Harrington,all the property mentioned a-
bove in this Item "Second",to have and to hold the same unto
them and their heirs forever.
THIRD:All the rest,residue and remainder of my
property,real,personal and mixed,of every nature and desorip-
tion and wheresoever looated,I give,devise and bequeath to my
Trustee hereinafter named,to have and to hold unto such Trustee,
upon the following terms and conditions.
Said property shall be held in trust by said Trustee
and invested,and from the net income derived therefrom there
shall,so long as my wife,Hulda J.Harrington,shall live,be
paid monthly by said Trustee to her,on the first day of each
month,am amount sufficient for her comfortable maintenance nd
support,but such amount shall be confined within the limite
hereinafter mentioned.The amounts of suc~payments per month
shall be left to the full discretion of said Trustee according to
its jUdgment,but I expressly enjoin that such payments shall nev-
er be less than One Hundred and Fifty ($150.00)Dollars per month
nor shall the same ever exceed Three Hundred ($300.00)Dollars
per month.
FOURTH:Said Trustee shall also pay from the net in-
come from such trust property,on the first day of each month to
my sister,Amanda Harrington of .ashington~Penns¥lvania,for her
care,maintenance and support,the sum of ~'ifty (15°.00)Dollars
for and during her natrual life;and in addition thereto the said
Trustee shall pay all taxes and insurance on the residence proper-
ty in which she resides in Washington,Pa.The above monthly
payment shall be in addition to all contracts,agreements orsettlementsImayhavemadeinherbehalfprevioustomydeath.
FIFTH:In the event that the net income from my estate
shall not be sufficient to pay the bequests hereinbefore made to
my wife in Item Third,and to my sister in Item Fourth,the same
being stipulated as monthly payments,then my Trustee is authorize
to make such payments out of the principal or corpus of my estate,
and to make such payments,such Trustee is authorized to dispose
of any property which is vested in it to hold in trust.
SIXTH:I desire that in the event I do not erect a
tombstone or monuEnt before my death,that my Trustee in case
one is erected in my memory,shall not expend over Two Hundred
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($200.00)Dollars for the same.
SEVENTH:All the rest,residue and remainder of the
net income from said trust property (over and above the amount of
monthly payments as are hereinbefore specifically bequeathed to
my wife and sister during their lives)shall during the trust
period as hereinafter provided,be paid to Mary Harrington Hart,
Esther Harrington Putnam and William Kettering Harrington,semi-
annually,share and share alike.Upon the death of any of my
said children while other survive,the portion of said net income,
that is,the one-third part thereof so bequeathed to be paid to
said child,shall be paid by said Trustee to the children of such
child,if any;if no children survive such child such one-third
part shall be divided between my remaining children or their
children,per stirpes.
This trust shall be for a period of ten (10)years after
my death,provided that if my wife shall be living at the end of
said ten year period the same shall continue during the remainder
of her natural life.
If my wife shOUld not elect to take under the terms of t e
within will,but should elect to take under the law,then the re-
mainder of my estate after-her portion under the law shall have be n
paid to her,shall constitute and make up my trust estate and the
same shall be held in this event for a period often (10)years fro
the date of my death.-
Upon the termination of the trust a t the time above pro-
Vided,said Tru~ee shall thereupon distribute the corpus of my
estate so held in trust,among my children who shall be then liv-
ing,share and share alike.However,should any,or all,of my
children die before the termination of the within trust,then his
or her share shall be distributed to the children of such deceased
Child,namely my grandchildren,and such distribution among my
grandchildren shall be per stirpes,that is to say,the children
of my daughter Mary Harrington Hart shall receive a one-third part
thereof,the children of my daughter Esther Harrington Putnam shal
receive a one-third part thereof,and the children of my son
William Kettering Harrington shall receive a one-third part thereo •
Provided further that in the event of the death of either a Child,
or children,without leaving issue surviving them who shall be liv
lng at~the time of the distribution period herein named,then said
portion of said estate which would otherwise pass to said child,
or its issue surviving and then living children,shall lapse and
be distributed and divided among my then living children or my
surviving grandchildren of such of my children as shall be decease
per stirpes,and the rights to a distribution shall be fixed at th
time of the distribution period and the terms hereof applied to th
persons herein named as of that time.In the event,however,tha
during the life time of my three children,I shOUld give ~o any
one of them any property,upon the division of the corpus of said
estate among the children,or my grandchildren,the property -so
given by me to my said children during his or her life time shall
considered and treated as an advancement and be deducted from that
portion of the corpUB of my estate that would otherwise be distrib
ed to the children or my grandchildren,upon distribution of the
corpus of my estate.
EIGHTH:I hereby nominate and appoint The Peoples
Banking and Trust Oompany of Marietta,Ohio,or its successor,to
be both the Executor of this Will,and also to serve and act as
the Trustee hereinbefore provided for,and I request that said The
Peoples Banking and Trust Oompany,or its successor,be excused
from giving bond either as such Executor or as such Trustee.
In the administration of said trust property by said
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Trustee,I empower said Trustee to sell and dispose of the same
from time to time,at such price as may be determined by said
Trustee,and to make,execute and deliver all deeds,or other
written instruments or assignments therefor,and with full power
from time to time to change,alter and vary said forms of proper-
ty as may meet with the approval of such Trustee;and said Trustee
shall have absolute discretion in all such matters and its jUdg-
ment and action so taken shall be final and may be done without an
order,decree or permission of Court.
Said Trustee is further empowered to payout all costs,
taxes,and all other expenses incident to the administration of
said trust;and shall be paid in lieu of all its services as such
Trustee five (5%)per cent of the gross yearly income.
The sole object which I have in mind in making my Will
as I have hereinbefore done,and the appointing of a Trustee to
hold and invest my estate,is so to arrange matters that my wife
and family will have absolutely no trouble in looking after in-
vestments,et cetera,and yet be provided with an income for their
needs during the period of the within trust.
IN WITNESS WHEREOF,I have hereunto set my hand at the
end of this my Last Will and Testament (and also upon the margin
of each of the four preceding pages hereof for the purposes of i-
dentification of such pages,this 6th day of February,1926.
lsi William Harrington
We,whose names are hereto subscribed,Do Certify that
on the 6th day of February A.D.1926,William Harrington,the
testator above named,subscribed his name to this instrument in
our presence and in the presence of each of us,and at the same
time,in our presence and hearing,declared the same to be hi
last Will and Testament,and requested us,and each of us,to sign
our names thereto as witnesses to the execution thereof,which we
hereby do in the presence of the testator and of each other,on the
day of the date of the said Will,and write opposite our names our
respective places of residence.
Thelrna L.Mclibben residing at _'~_--.;Ma=r_l_·e_t_t;::.;:a~-.;:O~h:=i:..::o:"----I
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