HomeMy WebLinkAbout1705_HOGUE_CHARITY_78_1_02-12-1925_12-28-1951-~
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WILL
of
~.l',I 9 S'f:d-l)
<~~!J~~tJ(}ifE.-
CFP~~TY A.S.HOGUE._------~-_._.._---_.._-_._------..--_._--.._~.-.---------_.
And now DeceJ?6g¥~8',
1951,ExenplifiCc'3.tion file d
anti recorded•."
WILL BOOK 78
J ame,$E.o~.Doug1as,~.(::JRegister.C").,.,
1"0 -C)(-
::born
2--'-
<:'::);::c;.
•C?r--<._.=.J:::::.~__....._195 _
•V)f--->+-PAGE 1
Filed
'.
.~
John L.RiderI,-------------,REGISTER
OF WILLS,Etc.,in and fOl-said county,do hereby certify
the foregoing to be a true copy of the original Last Will
and Testament of
Charity A.S.Hogue
deceased,as well as of the probate thereof as the same
remains on file,and is of record in my office in Uniontown,said County of Fayette,in
.24 298WIllBookpage _
•
Given under my hand and seal of said office,this 21st --day of
.~
Register
that the
-..
APPLICATION FOR PROBATE AND LETl'ERS TESTAMENTARY
O.F'RANK RUSE
Ta 1al$¢)(!x~ElXll
Register of Wills,etc.,of the County of Fayette,in the Commonwealth of Pennsylvania.
In the Matter of the Probate of the Last Will and
Testament of
PETITION.
____Charity A.S.Hogue
Deceased.
THE PETITION OF Second National Bank of Uniontown,Fayette COlmty,
Pennsyl vania
_____________________________respectfully showeth:
That the pet;tioner is
the Execut or named in the Last Will and Testament of Charity A.S.Hogue
_______,date the 27th day of January A.D.19~
That said decedent was a resident of German Township Fayette County,State of
Pennsylvania,and departed this life at her home in the County of
Fayette and State of Pennsylvania,on Thursday the_--oolol,J",2<....1.tl...l.h~_
day of February ,A.D.19~,at about 12 :15 o'clock A.M.
Has the Testa trix married since the execution of this WiW No
Have any children been born to Testa trix since the execution of this Will?_-"-'N'-'-o'---_
The said Testa trix was possessed of personal property to the value of $19700.00
and real estate (less encumbrances)to the value of $29100.00 as ~ar as can be ascer-
tained,situate as follows:1 -House &lot in West Masontown,1/3 interest
in house &lot on Locust Street,Masontown,3.house and lot on
Church Street,Masontown,4.1/3 interest in tract of land in German
Township,all in Fayette County,Pa.(5)166 acres more or Jess
of 9 foot vein of coal in Wasbjngton County,Pa.(6)t interest
in 40 Bcres of coal in Greene County,Pa.
THEREFORE,the said Bank whose P.O.Address
is Uniontown,Fayette Pennsylvania
respectfully applies for Probate of the said Last Will and Testament,and for Letters Testamentary
thereon.
Date Feby.19 --A.D.19 25 •
Second National Bank of
Uniontown,Pa.by D.M.
Hertzog,President
FAYETTE COUNTY,55:
D.~.He~tzog,President of Second National Bank
of Uniontown,Pa.
named in the above appl ication,being duly sworn according to law,say S
matters and things set forth in the foregoing petition are true,to the best of_..±.h;".=i~s~_
knowledge and belief.
FRANK RUSE
__S_w~o=-r..=.:n=---__,and subscribed before me
at Un iontown,-=F:-e.::...b.::...y>t......=....--=1--..::9 _
A.D.19 25 •.
O.
D.~.HERTZOG
~v 5 Register.
No.__59 of 19 25_
ESTATE OF
Charity A.S.hague
Deceased
APPLICATION FOR
PROBATE
AND
LETTERS TESTAMENTARY
Filed Feby.19 A.D.19~
O.FRANK RUSE
Register.
D.M.HERTZOG
Attorney.
r
I,Charity A.Sterling Hogue,of German Township,
Fayette County,Pennsylvania,do make this my Last Will and
Testament,hereby revoking all former wills by me at any time
made.
FIRST:-I direct that my executor hereinafter
named,payout of my estate as soon as reasonably may be done
after my decease,all of my just debts and funeral expenses.
SECOND:-I give and bequeath the sum of one
thousand ($l,ooOi dollars to Ashland College,of Ashland,Ohio,
as part of the endowment fund of that college,the principal
thereof to be kept safely invested and the interest to be applied
annually as the income from endowment funds for colleges is
usually used and applied towards the maintenance of the work of
said institution.
THIRD:-I ~ive and devise to my sisters,Mary
11.Sterling and R.Belle Sterling Honsaker,the lot of land which
I purchased from Andrew J.Sterling and wife,by deed dated July
6,1915,and recorded in the Recorder's Office of Fayette County,
Pennsylvania,in Deed Book 458,page 33,which said lot of land
is situate in the Borough of Masontown,said County and State,
and particularly described in the said deed,to which reference
is made for a complete description thereof.To have and to
hold the said lot of land to my said sisters and the survivor of
them,for and during their natural lives and at the death of the
survivor of my said two sisters,I give and devise the said lot
of land to the Trustees of the Brethren Church in Masontown,Fay-
ette County,Pennsylvania,to have and to hold the same to the
said Trustees,and their successors in office,for the use of said
Church so long as it shall continue its organization as such Church.
If,however,it shall at any time hereafter cease to exist as a
".
Church of the said Brethren Denomination as now constituted,
then and in that case the title to said property shall vest
absolutely in said Ashland College,to be held by it the said
Ashland College for the benefit of its endowment fund,either
to be retained as real estate and the income therefrom included
in the income form invested funds of said endowment,or that the
said real estate shall be sold by said College and the net pro-
ceeds of said sale be added to the endowment fund thereof to be
used for the purposes for which said endovv.ment has been created.
FOURTH:-I give and devise to my said two sisters,
my undivided interest in what is commonly known as the five
(5)foot vein of coal,which underlies part of what is now known
as the Home Farm owned by my two sisters and myself,and situate
in German Township,Fayette County,Pennsylvania,and which vein
of coal has heretofore been opened and operated by the owners
under the frim name of Sterling Sisters.To have and to hold
my interest in the said vein of coal with all mining rights
and privileges necessary for the proper mining and removing of
the said vein of coal including the release of all dmnages which
may occur to the surface of said tract of land or any building
or buildings therein or thereon overlying the said five (5)foot
vein of coal,with the right to my said two sisters or the sur-
vivor of them,if they shall at any time deem it profitable so to
do,to continue the mining operations in said coal,or if they or
the survivor of them should deem it advantageous to the two sis-
ters or the survivor of them,that the whole of the said five (5)
foot vein of coal should be sold,I hereby authorize and empower
-2-
them my said sisters or the survivor of them to make sale of my
undivided portion of said oal with mining rights as aforesaid
to such person or persons and at such price or prices as they or
the survivor of them may deem proper so to do,and by virtue of
such authority to execute a deed or deeds for the same along with
their own deed for their entire portion or portions thereof,
with like ef~ect as to the passing of said title as if I were
then living and had joined with them in the execl~ion and de-
livery of said deed.I further direct that if my said sis-
ters or the survivor of them,shall enter into the mining and
removal of said five (5)foot vein of coal or any part thereof
as hereinbefore mentioned,they shall at each period of six
(6)months from the time of the beginning of the mining and sales
of any of the said coal,turn over to my Trustee hereinafter named
as a part of the residuary fund hereinafter provided,my share,
that is,the one third (1/3)of said net proceeds of all sales
of said coal so made as the same from time to time shall be
made and the proceeds derived from said sales realized.I
further direct that in case a sale of s~id coal in place shall
be made by my said sisters or the survivor of them,then and in
that case they shall turn over to said Trustee as part of said
residuary fund,my share,that is,one third (1/3)of the net
proceeds of said sale or sales of said coal upon the receipt of
the same by them or the survivor of them,which fund so turned
over to said Trustee shall become part of said residuary fund of
my estate.I further direct,however,that in ascertaining the
net proceeds of said sales resulting either from the mining of
said coal or the sale of what shall remai~thereof in place,
there shall be allowed to my said sisters or the survivor of them,
a reasonable amount as compensation or commission for the services
rendered by them in the management of the operations of said coal
-3-
as well as of the sale thereof in place.I further direct
that if my said sisters or the survivor of them,shall not dur-
ing their lives or the survivor of them,operate said coal by
mining any part thereof,or shall not make sale of the whole or
any portion thereof in place,then at the decease of the survivor
of my said two sisters,the absolute title in fee simple for all
of said coal which shall then remain in place unsold,shall vest
in my Trustee as part of my residuary estate,to be held and dis-
posed of by it as it shall be authorized to dispose of my other
real estate in Item "SEVENTH'hereof.
FIFTB:-I give and devise to my said sisters and
the survivor of them,the tract of land referred to in the
last preceding Item hereof,subject to the provisions hereinbe-
fore made in Item "FOURTH"hereof as to the underlying five (5)
foot vein of coal,to have and to hold my share of the said tract
of land for and during the full term of their natural lives and
the life of the survivor of them,to be occupied and used by them
as they shall deem proper between themselves and during the life
of the survivor of them,and at the decease of the survivor of
my said sisters,the said farm also to be held by my said Trustee
and be disposed of in like manner and the net proceeds thereof
to become a portion of the residuary fund as is provided in said
Item ltSEVENTH"hereof.
SIXTB:-I direct my executor hereinafter named to
safely invest the sum of twelve thousand ($12,OOO~)dollars
out of my estate at the highest rate of interest that can be
reasonably obtained therefor,and pay the interest thereof semi-
a~nually to my husband,S.F.Hogue,for and during the full term
of his natural life.On condition,however,that he shall not
bring any suit for any share in my estate or for any services
-4-
which he has heretofore rendered for me or either of my sisters
or for any such services as he may claim to have rendered for
t~em or me subsequent to this date.And further that he shall
not make any demand for any share out of my estate which would
in any manner conflict with the anti-nuptial contract between
him and me.At the decease of my said husband,S.F.Hogue,
I direct that the principal of the said sum of twelve thousand
($12,000-)dollars shall become part of my residuary estate,
and shall be held and disposed of as set forth in said Item
tlSEVENTH"hereof.
SEVENTH:-All the rest and residue of my estate,
real,personal and mixed of every kind whatsoever,and
wherever situate,I give_devise and bequeath to the Second
National Bank of Uniontown,Pennsylvania,and its successors
in trust,however,for the following purposes,to wit;
(a)-The said trustee shall keep that part of
said estate which shall come into its pos-
session as personal property,either in
cash or securities representing invest-
ments,safely invested and re-invested from
time to time at tre highest rate of in-
terest it can reasonably obtain therefor,
and after deducting the expenses of maintain-
ing the said investments,including the
ordinary commission to said trustee,out of
the income of said investments,to dis-
tribute,sUbject as aforesaid,the said in-
come,together with the income that shall
be derived from the proceeds of the sale or
sales of any real estate which shall be made
-5-
by my said Trustee,annually and equally be-
tween my two sisters,R.Belle Sterling Hon-
saker and Mary M.Sterling,share and share
alike,for and during the full term of their
natural lives and the life of the survivor of
them,the said survivor taking the whole of
said income during the remainder of her natural
l:'fe.
In order that the purposes of this trust may
be fully carried into effect in accordance with
my desire,I hereby authorize and empo"ver my
said Trustee to sell any or all of my real es-
tate,subject however,to the life estates here-
inbefore carved out of the same,which I shall
leave at the time of my decease,either at pub-
lic or private sale and in such parts as it
through its proper Trust Officer may deem most
advantageous to my estate.In case it should
be deemed by said Trustee to be to the advantage
of my said estate at any time to exchange any
part of any coal that I may own for the purpose
of adjusting lines or for any other purpose
whatsoever with the owner or owners of other
coal or land,I hereby authorize it so to do,
such authority to be exercised in the sound dis-
cretion of said Trust Officer and at such
time or times as it may deem most advantageous
to my estate to exercise said rights of sale
or exchange,and in case such exchange shall be
made,I further authorize and direct my said
Trustee to make sale of such coal or land as
-6-
it shall receive in exchange for any other
coal or land in like manner and with like
effect as if the same had been part of the
real estate of which I had died seized,and
to execute and deliver a deed or deeds for the
same,with like effect as if said land or coal
had been a part of my real estate at the time
of my decease.
Provided,however,that if my sister,R.Belle
Sterling Honsaker,shall be living at the time
any proposed sale of real estate is pending
on the part of said Trustee,that said Trustee
through its proper officers,will consult with
my·said sister as to the consideration for which
said sale is to be made,and the advisability of
making said sale,and obtain her consent in
writing to the Sffine.
In case of a sale of any of said real estate
at any time during the continuance of this
trust,the proceeds thereof shall at once be
included in the trust fund hereby constituted,
and the principal of said purchase money invest-
ed in like manner as is hereinbefore provided
pertaining to my personal property in the hands
of said Trustee,it being my intention that the
whole of my property real and personal shall be
included in the fund hereby provided for the
purposes aforesaid.And if any of said real
estate shall not have been sold by my said
Trustee prior to the death of the last survivor
of my s~ters,then and in that case,I direct
-7-
all the remainder of said real estate shall
be sold by said Trustee,either at public
or private sale,as soon as reasonably may
be done,without sacrificing the same,and
the proceeds thereof included in the said
fund for distribution.
I further direct that so long as any of
my real estate shall be left undisposed of
in the hands of my said Trustee,from which
any income by way of rental can be obtained,
that the same shall be kept rented by my
said Trustee,and the rentals derived there-
from to be included in the said fund for the
purposes aforesaid.
It is understood and so directed,however,
that a sufficient amount of the income of
the investments of said fund shall be applied
from year to year to pay all taxes,keep up
the proper repairs and insurance on such of
my real estate as it shall be necessary for
its proper protection and maintenance to do.
(c)-At the decease of the survivor of my two
sisters above named,I direct my said Trustee
to divide into ten (10)equal shares the
principal of all sums then in their hands
whether the same shall be personal property or
the proceeds of the sales of real estate,
and to dispose of the said shares,as follows;
One share thereof to my niece,Estella Sterling
Graham;one share thereof to the children of
-8-
,.
my deceased nephew,Silas Provins,who shall
be living at the time of the said distribution,
said children to take the same in equal por-
tions,share and share alike;one share thereof
to my nephew,Sylvester Provins;one share there-
of to the children of my deceased nephew,John
Provins,who shall be living at the time of the
said distribution,said children to'take the
same in equal portions,share and share alike;
one share thereof to my nephew,~allace Provins;
one share thereof to my niece,Elizabeth Provins
Kerr;one share thereof to the children of my de-
ceased niece,Anna Provins Honsaker,who shall
be living at the time of the said distribution,
said children to take the same in equal por-
tions,share and share alike;one share thereof
to my niece,Sudie Provins Swan;one share
thereof to my niece,Winona Sterling Hopwood,
and one share thereof in equal parts to my
nephew Brant Provins and his wife,Carrie Provins
said shares of said husband and wife not to
be held jointly with right of survivorship,
but the same to be distributed to them in equal
parts to be held each in his and her own right.
Provided,however,if at the time of the said
distribution to and among my said nephews and
nieces anyone or more of them shall have died
without leaving issue surviving at the time of
the said distribution,then the share or shares
of those so having died shall be added to said
fund and distributed to the remaining then sur-
viving nephews and nieces.
-9-
Provided further that if anyone or more of
said nephews and nieces shall have died prior
to the time of said distribution leaving issue
to survive him or her,the share of the one so
dying shall pass to and be vested in the said
issue in such shares as he,she or they would
have taken the same if the said parent had
previous to said distribution actually receiv-
ed such share and died intestate leaving such
issue to survive him or her.
If any portion of my real estate of which I
shall die seized at the time of the distribution
in paragraph (c)hereof shall then remain
unsold,I direct that the proceeds of the same
when it shall from time to time thereafter be
sold,be distributed by my said Trustee in the
same manner as is provided in paragraph (c)
hereof and to the same persons as therein
mentioned.
EIGHTH:-I hereby appoint the said Second National Bank
of Uniontown,Pennsylvania,as sole executor and trustee of this
my last will and testament.
In Witness Whereof,I have hereunto set my hand and seal
this 27th day of January,1925.
__....;C....;H_A....;R=I.;;;.TY~A.;..;.~S...;.._H=O..;;..;G....;UE~_(SEAL)
Signed,sealed,and published by the saia testatrix
as and for her last will and testament in our presence who at her
request and in her presence and in the presence of each
other have subscribed our names as witnesses thereto.
E.R.INGRAHAM M.D.
LEWIS HONSAIrER
.----------------------------------------------- - ------
1I1ayrttr <!!nunty,55.
(REGISTPR'S SEAL)
BE IT REMEMBERED,That on the ,~_~~_I _
day oL F~~_~_1!a~I A.D.19 _??,before me,
__________Q_~EBh_~JLJ~JI~nt ,Register for the Probate of Wills
and Granting Letters of Administration in and for said County
came _
E.R.Ingraham M.D.
Lewis Honsaker " .and ..subscr1blng WItnesses
to the foregoing Instrument of Writing,purporting to be the Last Will and Testament of
Charity A.Sterling Hogue ._______________________________________________________________________________________.----deceased,who,belng duly sworn,
according to law.did each depose and say that they were personally present and saw the said
______________________9Jl_?:£...tty A_"-__~_tE?.£}.JA&..J~_~§..sign and seal the foregoing
Instrument of Writing,and heard..~_~E declare the same to be-~~!:Last
Will and Testament,when of sound and disposing mind and memory,to the best of their belief.That
they signed their names as Witnesses thereto by request of the said Testa__.tr_ix._
.her d'h f h hIllpresence,an III t e presence 0 eac ot er.
fluence being used in making said Will or any later Will made.
Sworn to and Subscribed before me this
That they know of no undue in-
____~_~_~~day oL X_~_~_!:'_~~E.lA.D.19 ~_~
as witness my hand and official seal.
O.FRANK RUSE
Register.
E.R.INGRAHAM M.D.
LKNIS HONSAKER
Now,!_~~~~_~~Y_~_~_'_~.19__?!?,the testimony of the above witnesses
being adjudged sufficient,I do hereby admit the foregoing Will to probate,and order the same to be
recorded as such.
Given under my hand,at Uniontown,the above date.
O.FRANK RUSE
Register.
To Second National Bank of Uniontown,Per.nsylvania,executor of the
last will and testament of Charity A.S.Hogue,late of German
Township,Fayette County,Pennsylvania,deceased.
I,S.F.Hogue,surviving spouse do hereby elect to take
under the last will and testament of Charity A.S.Hogue,bearing
date January 27,1925,probated February 19,1925,and recorded in
the Register's Office of Fayette County,PeDnsylvania,in Will Book
24,page 298.
Witness my hand and seal this 8th day of September 1925.
_--::S;..:.._F;;....:...•....:;H:..:::O.;:;.GU.;::..;E=--(SEAL)
State of Pennsylvania
County of Westmoreland
~
:SS
~
On this 8th day of September,1925 before me,a Notary
Public in and for said County and State,personally came the above
named S.F.Hogue,and acknowledged the foregoing ELECTION to be
his act and deed,and desired the same to be recorded as such.
Witness my hand and Notarial Seal the day and Jear aforesaid.
CHARLES H.HCiRMAN
Notary Public
My Commission Expires ~A~p~r~i=1_=1~1~,_=1~9;2~9 __
(Notarial Seal)
STATE OF PEN1{SYLVANIA ~..
FA YETTE COUNTY ~
Recorded on this 26th day of Jan.1926 in the recorder's office of
said county in Deed Book Vol.471 Pabe 291.Given under my hand
and the seal of said office,the date above written.
F.J.McFARLAND
Recorder
(RECOR DER'S SEAL)
..
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF FAYETTE
Before me,O.FRANK RUSE ,Register for the probate of Wills and
Granting Letters of Administration,in and for said County,come Second National Bank
of Uniontown Pa.by D.M.Hertzog,Pres.
who being qualified says that as Executor of the will of
Charit y A.St e r1 i ng Hogu~te of_-------"G.:....>e"-"r'--'m""a"'-'n'-"----T=-w~p......--------
deceased,you will well and truly administer the goods and chattels,rights and credits of said de-
ceased according to low;and will diligently and faithfully regard,and well and truly comply with
the provisions of the law relating to Inheritance Taxes.That said testat_r_l_OX _
died on the 12"day of February,A.D.~n_l925 at about 12 :15 A.M.
Sworn to and subscribed before me this
19th day of February
A.D.•~925.
O.FRANK RUSE
Register.
D.M.HERTZOG