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HomeMy WebLinkAbout1637_HAWKINS_ANNIE_73_587_06-11-1949_06-24-1949.....,~~,;~....., 1\pplttatinn fnr Jrnbatt nf Bill nf...........ANNlE :6.HAWKJNS _ _ . ...............................late of Beallavi~~e ,Washington County, Pennsylvania,deceased,and ~rant of ~ttttrs tlttBtamtntarg. REGISTER'S OFFICE } WASHINGTON COUNTY,SS: Before the Register of Wills of Washington County,pers()nally appeared ~.JESS P MIT,T,ER................................................................who being duly sworn says that Anni.e B Hawk1ns.late resident of .....Beallav.1.1~.e ,Washington County,Pennsylvania a citizen of ..Pennsylv.ani.a,.died at 4.:.15-o 'clock P..•m.,on the ll.th.day of .Iune A.D.,19..49 . leaving an estate of the estimated value of $200.".000 personalty,and $....5.0.. realty,said real .estate being located in M.Q.r~;t~rrQwns.:O.1p...t.w.~S.D.~ng~9.D:gg~y.y..L ..~.~.~..I . ...b~;1.J),g...an...W1Q.!-.Y.!-.g~g ...9.D,~.~.f.~f.~.h ..Jp..~~~~~~....!p....~~.~~....~~~.!•...•......•.•.....•.•.•.•...:.........•.........•.... The dec.edent's legatees and devisees are as follows: NAME RELATIONSHIP RESIDENCE • Testator has no.t married and no.children have been born since the execution of the will offered for probate. Petitioner prays that the paper writing filed herewith dated Septemb.er l.,T933.,. .:may be admitted to probate as the last Will and Testament of said decedent,and to grant Letters Testamentary thereon'to J.~.~~r..~M;t~~~.~. ..__whose postoffice address is B.ealls.v.1.11~.,J?a..L.. COMMONWEALTH OF PENNSYLVANIA, } SS: WASHINGTON COUNTY, .tAndnow...June ~..If..,19 49,comes JESS P .MTT.T.ER .. who being duly sworn doth depose and say that h.~will well and truly administer the goods and chat- tels,rights and credits of ANNIE..B •...HAWKINS7 ···,deceased, to the best of J11~skill and judgment in strict compliance with the laws of this Commonwealth, mindful of the laws relating to inheritance taxes..II Sworn and subscribed before me this....~..f.. day of JUDe ,.A.D.19..4.90 ~#~~~'!.-'.t/----...........................................··········&~i·~~~~····..·· (7:uw C7?J7~...>~i ·.··············. U----- ~~.......j •crK1 ()f:I >-. u'7 '0 C1) ~a)a)~ l~J r-I r-I ~-0....>,•+>0:A <l2:!as: ,1 ~~Hi Iltj 1 ~~i CI)~~J ,~~~S ~~"V Q ~I '1'j .(1):Q c:.:lM:I ::::>-.JC1)~\<ll M:W :f0-e Ul .lC"t ......ef ell oM:~--'\Q ~......C1)....~i c::>>:-J ~~•~-•C1)r1.l:....t) rzli A l./J "-Jot ~M;lL fa 1$-~Hi M;'1'j~I as:C1)g: (1):+>0 0 ~i ~D to,ell~i .a0.."I-<<ll t)00~Ul ., ~C1)C1)0 "C 0+>+"+>+>C1)to,ell g;>~-H H P iZ /I •, • .. • LAST WILL AND TESTAMENT • I,ANNIE B.HAIXIRS,of the Borough of Beallsville, Washington Oounty,Pennsylvania,being of sound and disposing mind and memory,do hereby make and declare this to be my Last Will and Testament,hereby revoking any and all wills by me at any time heretofore made. FIRST.I direct the prompt payment of all my just debts and funeral expenses. SECOND.I give and bequeath unto NELLIE E.MoDONOUGH, daughter of my husband,Theodore Hawkins,and wife of James V. MoDonough,the smaller of my two solitaire diamond rings and all of my furniture,household goods and personal effects,not otherwise specifically bequeathed herein. THIRD.I give and bequeath unto SARAH A.B0104ER, daughter of my brother,John L.Killer,the larger of my two solitaire diamond rings. FOURTH.I give and bequeath unto LEliA KILLER,daughter of my deceased brother,ftank Killer,my dinner ring oontaining one large diamond and a number of smaller diamonds. FIFTH.I give and bequeath unto OLIVE KILLER,daughter of my deceased brother,Frank Killer,my opal ring. SIXTH.I give and bequeath unto BELLE lULLER,wife of my nephew,James K.Killer,my diamond broooh. ••• SEVENTH.I give and bequeath unto my sister,KATE B. HUMES,my gold breast pin whioh formerly belonged to our mother. EIGB'l'H.I give and bequeath unto BERTHA D.HAWKI IS,' wife of my husband's son,Fred F.Hawkins,my diamond lavaliere. NINTH.I give and devise unto SA.RAH LANOASTER the house in Beallsville,Pennsylvania,in whioh she now lives,and the lot upon whioh it is ereoted. TENTH.I give and devise any and all real estate of whioh I may die seized,excepting only the house and lot re- ferred to in Artiole Ninth hereof,as follows:-An undivided one-fourth interest to my sister,KATE B.BUIES,and a like undiVided one-fourth interest to eaoh of my brothers,JOHN L. KILLER and JESS P.KILLER,and a one-sixteenth interest to eaoh of the following four ohildren of my deoeased brother,Frank Killer:-LENA L.KILLER,NORllAN H.KILLER,LESTER L.HILLER and OLIVE KILLER.The devise hereinbefore made in this para- graph shall inolude my undivided interest in a farm in West Pike Run Township,Washington Oounty,Pennsylvania,oontaining three hundred twenty-five aores more or less,whioh I inherited from my deceased brother,Oharles Killer,a8 .ell as my un- divided interest in approximately one hundred aores of ooal in Amwell Township,Washington Oounty,Pennsylvania,whioh I like- wise inherited from my deceased brother,Oharles Killer. ELEVENTH.I give and becru:eath unto THE UIfIOl'l TRUST COJlPANY OF PITTSBURGH,of Pittsburgh,Pennsylvania,the follow- ing sums of money,in trust nevertheless,to hold the same for -2- ••• and during the period of the natural lives of the benefioiaries hereinafter named,to invest and reinvest the same as herein- after provided,and to oolleot and receive the inoome therefrom, and,after payment of the proper compensation and expenses of said trust,to distribute the net income remaining in quarter annual installments to the respective benefioiaries as follows: Amount $5000.00 $2500.00 •2500.00 Benefioiary Kiss Sarah Lancaster, of Beallsville,Pa~ lIrs.Kargaret Sargent, of Beallsville,Pa• Kiss Ella Dawson, of Beallsville,Pa. At the death of anyone of the aforesaid beneficiaries the aforesaid trust for her benefit shall terminate,and the corpus of the particular fund of whioh she was theretofore the beneficiary shall be distributed as follows:One-fourth thereof shall be transferred to and consolidated with the Kate B.Humes Trust,hereinafter referred to;one-fourth thereof shall be transferred to and consolidated with the John L.Killer Trust,hereinafter referred to;one-fourth thereof shall be transferred to and consolidated with the Jess P.Miller Trust, hereinafter referred to;such three-fourths thereafter to be held by the Trustee and distributed in all respeots in aocord- &nce with the prOVisions of said respective trusts;and the remaining one-fourth shall be forthwith distributed and paid in equal shares to the above mentioned four ohildren of my deceased brother,Frank Miller. TWELF'l'H.All the rest,residue and remainder of my estate shall be divided into eight equal shares,which I give and bequeath as follows: -3- ••• One of such shares shall be divided and distributed equally among the above-named four children of my deceased brother,Frank Killer. The remaining seven-eighths of my residuary estate (hereinafter sometimes called the 'Trust Estate')I give and bequeath unto THE UNION TRUST COMPANY OF PITTSBURGH, of Pittsburgh,Pennsylvania,in trust nevertheless,for the uses and purposes and upon the terms and conditions hereinafter specified. THIRTEENTH.I direct my Trustee to divide the seven Shares which it is to receive out of my residuary estate as follows:Four of said shares shall be set apart and comprise what I have herein for convenience designated as the "Theodore Hawkins Trust';one of said shares shall be set apart and comprise what I have herein for convenienoe designated as the "Kate B.Humes Trust"jone of said shares shall be set apart and comprise what I have herein for convenience designated as the "John L.J4iller Trust';and the remaining share shall be set apart and comprise what I bave for convenienoe designated as the 'Jess P.Killer Trust'.Each of said trust funds shall be held and disposed of in accordance with the sucoeeding pro- Visions of this will. FOURTEENTH.)[y said Trustee shall hold and distribute the corpus and income of the Theodore Hawkins Trust in the follOWing manner: The entire net income of said Trust shall be paid in quarter annual installments to my husband Theodore HaWkins for and during the period of his natural life.At the death of my ••• said husband,the Trustee shall set aside out of the oorpus of the Theodore Hawkins Trust oash and/or securities in the sum of Twenty Thousand ($20,000.00)Dollars for the use and benefit of NELLIE B.)(oDONOUGH and JAMES V.KcDONOUGH,her husband,and a like sum of Twenty Thousand <$20,000.00)Dollars for the use and benefit of FRED F.HAWKINS and BERTHA D.BARIN his wife.The corpus of each of said trust funds shall be invested by my Trustee as hereinafter provided,and the income therefrom shall be paid to the beneficiaries thereof,or to the survivor of suoh beneficiaries,in regular monthly install- ments for and during the period of their natural lives.Upon the death of the last survivor of the beneficiaries of each of said trust funds,suoh trust shall terminate and the corpus thereof shall be distributed as follows:One-fourth thereof shall be transferred to and consolidated with the Kate B.Humes Trust,hereinafter referred to;one-fourth thereof shall be transferred to and consolidated with the John L.Killer Trust, hereinafter referred to;one-fourth thereof shall be transferre to and consolidated with the Jess P.Killer Trust,hereinafter referred to;and the remaining one-fourth shall be forthwith distributed to the four Children of my deceased brother,Frank Killer,in equal shares. At the death of my said husband,Theodore Hawkins,my said Trustee shall further set aside out of the oorpus of the Theodore Hawkins Trust cash and/or securities in the following respeotive amounts for the use and benefit of the following respeotive charities,each such fund to be held in trust in perpetuity by the Trustee,and invested and reinvested in legal -5- ••• investments for trust funds,and the net income from eaoh suoh fund,after deducting the commissions and proper expenses of the Trustee,Shall be paid to the respective benefioiaries in semi-annual installD2nts: Amount '10,000.00 5,000.00 5,000.00 5,000.00 2,500.00 Beneficiary Methodist Episcopal Ohuroh of Beallsville,Pennsylvania. The Hamil ton Home for the Aged, lit.Lebanon,Allegheny Oounty,Pennsylvania. The Ohristian Herald Ohildren's Home,Iyaok,New York. The Methodist Episoopal Church Union,Pittsburgh,Pennsyl- vania,for use of Epworth Woods The Orossnore Sohool,Orossnore, North Oarolina. After setting aside the sum of Sixty-seven Thousand Five Hundred (.67,500.00)Dollars for the purposes of the trusts hereinbefore mentioned,my said Trustee shall distribute any balanoe of the Theodore Hawkins Trust then remaining as follows:One-fourth thereof shall be transferred to and consolidated with the Kate B.Humes Trust,hereinafter referred to;one-fourth thereof shall be transferred to and consolidated with the John L.Killer Trust,hereinafter referred to;one- fourth thereof shall be transferred to and consolidated with the Jess P.Killer Trust,hereinafter referred to;and the remaining one-fourth sha11 be forthwlth distributed to the four children of my deceased brother,Frank Killer,in equal shares. -6- ------~--~- ••• In the event that my husband Theodore Hawkins should elect to take against this my last will and testament,then and in that event,anything herein to the contrary notwithstanding, the provisions of this Article Fourteenth,and all other pro- visions of my will relating to the Theodore Hawkins Trust shall be expunged and become a nullity,and the four shares of my residuary estate allocated by Article Thirteenth hereof to said Trust shall at my death be disposed of as follows:One-fourth thereof shall be transferred to and consolidated with the Kate B.Humes Trust,hereinafter referred to;one-fourth thereof shall be transferred to and consolidated with the John L.Killer Trust,hereinafter referred to;one-fourth thereof shall be transferred to and oonsolidated with the Jess P.Killer Trust, hereinafter referred to;and the remaining one-fourth shall be forthwith distributed to the four children of my deceased brother,Frank Killer,in equal shares. FIFTEENTH.My said Trustee shall hold the corpus of the Kate B.Humes Trust for and during the period of the natural life of my said sister Kate B.Humes,and shall dis- tribute the entire net income therefrom in equal annual install- ments to my said sister Kate B.Humes.Upon the death of my said sister,the oorpus thereof shall be distributed to her issue,share and share alike,per stirpes and not per capita. SIXTEENTH.Ky said Trustee shall hold the corpus of the John L.Killer Trust for and during the period of the natural life of my said brother John L.Killer,and shall distribute the entire net income therefrom in equal annual installments to my said brother John L.Miller.Upon the death of my said brother,the oorpus thereof shall be distributed to his issue,share and share alike,per stirpes and not per capita. -7- ••• SEVENTEENTH.)(y said Trustee shall hold the corpus of the Jess P.Killer Trust for and during the period of the natural life of my said brother Jess P.Killer,and shall distribute the entire net income therefrom in equal annual installments to my said brother Jess P.Killer.Upon the death of my said brother,the corpus thereof shall be dis- tributed to his issue,share and share alike,per stirpes and not per oapita. EIGHTEENTH.The following provisions shall govern each and all of the aforesaid trusts created by this my will: (1))(y said Trustee shall hold,invest and reinvest at least seventy-five per cent.of the corpus of eaoh of the trusts herein oreated,excepting the aforesaid trusts for charities,in bonds,bills,notes or other securities of the United States Government,and the remaining part of the corpus of eaoh of said trusts Shall be invested and reinvested by said Trustee in bonds or seourities selected by the Trustee as safe and oonservative investments,but which mayor may not be legal investments for trust funds under the law of Pennsyl- vania.If at any time securities of the United States are not available for investment as aforesaid,then at least seventy- five per oent.of the corpus of said trusts shall be invested and reinvested in legal investments for trust funds under the law of Pennsylvania. (2))(y said Trustee shall have and enjoy,with respeot to all bonds or other investments,all rights,powers and privileges whioh are or might be lawfully exercised by any person holding suoh property in his own right. -g.. •• (3)All ordinary oash dividends reoeived by the • Ii _ Trustee shall be distributable as inoome;extraordinary oash dividends and all stock dividends of any nature shall,for the purposes of the aforesaid trusts,be treated as prinoipal or as income,either or both,in the absolute discretion of the Trustee,whose decision in the matter,and as to whether a cash dividend is ordinary or extraordinary,shall be binding upon-all of the beneficiaries. (4)Any distribution of any portion or share of the corpus of any of said trusts may be made in oash or in the property in which it may then be invested,or partly in cash and partly in suoh property,as the Trustee at the time of such distribution shall deem advisable,and the determination by the Trustee as to what manner of distribution shall be made and as to the value of such property to be distributed shall be conclusive upon the beneficiaries who share in such trust. (5)No property held by my said Trustee under the provisions of said trusts,whether constituting a part of the corpus or income thereof,shall be pledged,assigned,trans- ferred,sold or in any manner Whatsoever anticipated,charged or encumbered by the benefioiaries thereof,or any of them,nor be in any manner liable in the hands of said Trustee for the debts,contraots or engagements of said beneficiaries,or any of them. (6)The Trustee shall have power to employ and retain such attorneys,agents and other representatives as it,frOID time to time,shall deem neoessary for the proper administratio -9- ••• of the respective trusts,and to fix and payout of each trust estate the compensation of all such parties and all other expenses which the Trustee may deem necessary to inour in connection with the administration of such trust.The Trustee shall inour no personal liability of any character Whatever by reason of any matter or thing done or omitted in the adminis- tration of any of said trusts,save only for its own gross negligence or Willful default.All expenses of administration of each trust inclUding the reasonable compensation of the Trustee,shall be paid,in so far as is possible,out of the income of such trust. (7)Wherever any part of the corpus of any of the aforesaid trusts is direoted to be distributed to any bene- fioiary and such beneficiary shall have died prior to such date of distribution leaVing lawful issue,it is my will that the issue of such deceased beneficiary shall take their parentis share of the corpus of such trust,per stirpes and not per capita,and that,in default of issue,such corpus shall be distributed to the persons to whom such part of said corpus would desoend under the intestate laws of the Commonwealth of Pennsylvania in force at the time of the death of such deceased benefioiary and in the proportions specified under said intestat laws with like effect as if such beneficiary had owned abso- lutely such part of such corpus at the time of his or her death, and at the time of his or her death had been,whether or not so in point of fact,a citizen and resident of the Oommonwealth of Pennsylvania. -10- •• NINETEENTH.It is my will that all inheritance, • estate or transfer taxes upon the devises and bequests herein made shall be paid out of my residuary estate. TWENTIETH.The parties hereinbefore named as beneficiaries under my will are all residents of Beallsville, Pennsylvania,except that my brother,John L.Killer,and my sister,Kate B.Humes,are residents of Pittsburgh,Pennsyl- vania,and the above named children of my deceased brother, Frank :Miller,are residents of Washington,Pennsylvania. TWENTY-FIRST.I do hereby nominate,oonstitute and appoint my brother,Jess P.Killer,of BeallsVille,Pa.,and my nephew,John J.Humes,of Uniontown,Pa.,to be the executors of this my last will and testament • .Lud :&~__(SEAL) Signed,sealed,published and deolared by the above named testatrix,ARNIE B.HAWKINS,as and for her Last Will and Testament,in the presenoe of us,who,at her request,in her presenoe and in the presenoe of eaoh other,have hereunto sub- soribed our names as witnesses thereto. f. Address:.,~,UMA«n,=;tz!..t'-k-au ~ s:e~~, -11- CltnmmnulUrult4 nf 'ruuayluuutu m::;::E::~~DS:~t upon thiS ~y ..~daY Of~. 19.11.9 hefore me#~/.,(A!..~r.~Regisler for the Prohate of Wills and granting Letters of Administration within and for said county,came·..·············..···············..~~.....f!.....~.........~.~.....~....t(J:...~....~.. ..........................................................................the subscribing witnesses to the foregoing attached Will of ....~B...:~2Y"~. deceased,who,after being duly qualified according to law,depose and say:That..~~ present at the execution of said Will-saw the testat~....sign the same-heard ~ puhlish it as and for ...~..last Will and Testament;tha:l'1.at.flyvreQuest.in ~ presence,and in the presence of each other,sUbscribed~namesthereto as witnessL4;and I at the time of the doing thereof said testat.~was of sound,disposing mind,memory and understanding,to the best of the aftiants'knowledge and belief. om and SUhS~;rd Before Me ~f ~. ~£..~~:......\;\,"l.u~r:>~ RegIster ,~.7.b'Aollb.,~.~~~ ESTATE OF .....A~~..J!!'!.a.~J!~l~~_DECEASED The undersignedm J.9An..~.~..JI~~.§,JmgQ.~~~.~!At9J~__.m __m m ~m Borough of Beallsville of W!.!1 Qf...A~m..~~.!~~~~!.~.~late of ..Wasbingt.on..C.ounty.•...F.a.•.................... deceased,hereby renounces h1.s right to administer on he.r.............................estate Testamentary and respectfully asks that Letters of il.Jlrl#lrUrfii#ln be issued to J..e..s..s P..~..JU..l.l~rmm m m RENUNCIATION Niece Buffalo,N.Y. Niece Beallsville,Pa. ~Nellie E.McDonough Sarah A.Bowmer Lena L.Miller Stepdaughter Beallsville,pa:[ Olive Miller Belle Miller Niece Washington,Pa. Niece by marriage Newark,Ohio Kate B.Humes Bertha D.Hawkins Sister 300 Edward Ave., Mt.Lebanon, Pittsburgh,Pa. Stepson's wife Evangeline Home, Second Ave., Pittsburgh,Pa. None Beallsville,Pa. Beallsville,Pa. Beallsville,Pa. Brother Homewood, Pittsburgh,Pa. Beallsville,Pa. Tulsa,Oklahoma Washington,Pa. Jess P.Miller Brother Norman H.Miller Nephew Lester L.Miller Nephew Margaret Sargent(deceased)None Ella Dawson (deceased)None Sarah Lancaster (deceased) John L.Miller (deceased) The Union Trust Company (now Mellon National Bank and Trust Company),Trustee Theodore ~awklns (deceased)Husband James V.McDonough Stepdaughter's (deceased)husband Fred F.Hawkins (deceased)Stepson Methodist Episcopal Church The Hamilton Home for the Aged The Christian Herald Children's Home Pittsburgh,Pa. Beallsville,Pa. Beallsville,Pa. Pittsburgh,Pa. Beallsv:tlle,Pa. Mt.Lebanon, Pittsburgh,Pa. Nyack,N.Y. The Methodist Episcopal Church Union, for use of Epworth Woods,Pittsburgh,Pa. The Crossnore School Crossnore,N.C.