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HomeMy WebLinkAbout1719_BLOYER_DAVID_65_47_10-02-1943_10-06-1943... LAST WILL AND TESTAMENT of DAVID A.BLOYER dine L.AW O,..,..ICItS BU~CHINAL & COURT aOUARIl:'A WA.HINGT~N.'II' 'ill Book 615 7 Application for 'rohn Pennsylvania,deceased,and Qirant of 1Jletter.s '[:e.staUtentar~. REGISTER'S OFFICE, WASHINGTON COUNTY,~SS.: who being jd»ly sworIl says that __la~resident of~~Ml1k,Washington County,Pennsylvani , a citizen of 1(/V.died aL~7--o'clOC~--ID.,on the V __day of ~k A.D.19--bL~ leaving an estate of the estimated value of $_~tJ ~.tJ O~sonalty;and $~~O t2.IJ._O ~~~ / The decedent's legatees and devisees are as follows: .,'L NAME RELATIONSHIP RESIDENCE ~:~....<1,,~~~LL_-/-v:::~.~~~=#~~~L__A(.{Lj.~~~~L t,'\"I; Testator has ~married and ")/i/(jJ~~~------children have been born since the Sworn to and subscribed before me this execution of the will offered for probate.~etitioner prays that the paper writing filed herewith dated fL/vv.2?173 7rI-~ dLit/IJ ~I.2:-!-2JIi may be 2.dmitted to obate as he la t Wi n d Testament of said /~I /7 /decedent,and rant Letters Testamentary thereO~1 to . ,~whose postoffice addresf.~;;Cl~~:.L!~~-4~~~~~~....&~~~~ COMMONWEALTH OF PENNSYLVANIA,( WASHINGTON COUNTY,)SS.: c2cA:~ subscribed before me this,---f=--__ day e goods and chat- deceased, e laws of this Commonwealth,mind- ~gt:iL~ «L~~ ~~~t \ I I ! ~~~~'\i',J, ~~...,~~r-!r-! I ~~I I I d I < ~I I~~Q 'l:lI1lrnCIl.....I1l.....<:,).-I1l..l=l I ~I1l...., ~CIl~I'H fJl0'"'I1l I1l 0 I 't:l....,....,....,4,?~CIl ~S I ..... ..::l ,~ •• •,..•• LAST WILL AND TESTAMENT of DAVID •BLOYER I,David •Bloyer,a resident of Denbo,Centerville Borough,~ashington County,Pennsylvania,being of sound mind and memory,do make,publish and declare this to be my last Will and Testament,hereby revoking any and all Wills by me at any time heretofore made. Item I.I direct that all my just debts and funeral expenses be paid as soon after my decease as may be found I convenient. my wife,as her absolute property,all of my personal I 'I Bloyer, Item II.I give,devise and bequeath to Nellie G. effects such as jewelry,household furniture and·all other arti- cles of domestic and personal use which I have not specifically devised and bequeathed,and any automobile of mine that she mayI desire to retain. Item III.I give,devise and bequeath to my wife, INellie G.Bloyer,my property located at Denbo,Centerville Borough,Washington County,Pennsylvania,in which we now live. Item IV.I give,devise and bequeath to my son, Harry J.Bloyer,my diamond ring. Item V.I give,devise and bequeath to my grandson, David H.Bloyer,my two watches. Item VI.All the rest,residue and remainder of my estate,real,personal and mixed,of whatever nature and whereso- I ever situate,which I may own or have the right to dispose of at the time of my decease,I give,devise and bequeath to Harry J. ~I __......__1...\\_ ,.'•• Bloyer and Nellie G.Bloyer,of Denbo,Centerville Borough, monthly. II 2.Upon the decease of my wife,ellie G.Bloyer, the then trust fund shall be paid over to my son,Harry J.Bloyer, if living;if not,then to my grandchildren,David H.Bloyer and Nellie 1 ray Bloyer in equal shares,or to the survivor of either I of them,but no principal shall be paid to any grandchild untilI he or she attains the age of twenty-one years.The income from I lsuch share or shares shall be paid to or for the use of such grandchild or grandchildren in the meantime. II 3.Should my wife survive my son,Harry J.Bloyer, and my grandson,David H.Bloyer,and my granddaughter,Nellie Wray Bloyer,then upon her decease,one-half of the then trust fund shall be paid over by the trustees to such persons or parties and in such proportions and subject to the same conditlons as she may appoint by her last Will and Testament,which shall be offered for probate in the jurisdiction of her last domicile within six months after her decease,which power of appointment is ,hereby granted,and should she fail to exercise such power of appointment,then this half together with the other one-half of ,such trust fund shall be paid over to my then living heirs at law as such heirs may be determined by the laws of the State of Pennsylvania in force at the time of my decease. 4.The trustees shall hold and manage the pro- 2 , t ,•• perty as a trust fund,invest and reinvest the same in such loans, stocks,bonds,securities and real estate as they may deem proper and suitable for the investment of trust funds without being ,restricted to a class of investments which trustees are or may ,hereafter be permitted by law to make.The trustees are granted full power to retain,sell,lease,mortgage,exchange or otherwise dispose of any or all of the property in the trust as they may I deem proper.They may employ counsel and other agents in the dis- Icharge of their duties and may determine and pay to them reason- Iable compensatlon. I 5.The trustees,in making distribution of prin- I cipal hereof,may do so in money,securities or other property and the jUdgment of the trustees as to what shall constitute a "real and proper division or apportionment among beneficiaries shall be binding and conclusive on all parties. " 6.The trustees shall have exclusive power to determine whether or not money or property coming into its pos- session shall be treated as principal or income and to charge or apportion expenses or losses to principal or income according as they may deem just and equitable. II 7.The trustees,in the exercise of their dis- cretion and upon the written request of my Wife,shall have the right to withdraw installments of principal and pay them over to her from time to time for her maintenance,comfort and general welfare.The necessity and propriety of such withdrawals and the lamount thereof shall be determined by the trustees and their determinatlon shall be final. Item VII.I direct that all interest,dividends and other income accrued and accruing and not collected upon my 3 I ••..•" property passing to the trustees at the time the trust is estab- lished shall be treated as income by the trustees when collected by the . Item VIII.I direct my executors to pay all inherit- ance,estate,succession,legacy and personal property taxes to I which my estate or the transfer of any property may be sUbject and to charge such taxes as a part of the expenses of administration. Item IX.I hereby nominate and appoint lellie G. Bloyer,my wife,and Harry J.Bloyer,my son,as the executors of this my last ill and Testament and as trustees hereunder and I do direct that no bond shall be required of such executors or trustees hereunder.1y said executors shall have full power at their discretion to do any and all things necessary for the com- plete administration of my estate including the power to sell at II public or prlvate sale and without order of Court any real or I personal property belonging to my estate,and to compound,com- promise or otherwise to settle or adjust any and all claims, charges,debts and demands whatsoever against or in favor of my estate as fully as I could do if living. II IN WITN S Wfu.:R 'OF,I have hereunto set my hand and seal to this last I ill and Testament,this 1/day of ~,1937. ~e~~EAL) This instrument consisting of four pages was by David A. Bloyer,on the date hereof,signed,published and declared by him I to be his last ill and Testament in our presence,who,at his re- quest and in his presence and in the presence of each other,we /1 believing him to be of sound and disposing mind and memory,have hereunto subscribed our names as witnesses.m~~<'Residing at 4~.'4. 1./4 .:....Ja.~r./Resi~ing at ~.f?v ___--111 _ A •• COD I C I L I,DAVID A.BLOYER,of Denbo,Centerville Borough,Wash- ington County,Pennsylvania,having made my Last Will and Testament bearing date the 21st day of April,1937,do hereby make this as and for a Codicil thereto: WHEREAS in Item IV of my said will I gave and bequeathed to my son,Harry J.Bloyer my diamond ring,and whereas my said son Harry J.Bloyer has since died,by means whereof said legacy has be come lapsed,now I do hereby give,devise and bequeath my said diamond ring to my grandson,David H.Bloyer. WHEREAS by Item VI of my said will I gave and bequeathed all the rest,residue and remainder of my estate,real,personal, and mixed of whatsoever nature and wheresoever situate to Harry J. Bloyer and Nellie G.Bloyer,in trust nevertheless for certain uses and purposes therein declared,and in Paragraph 1 of said Item VI I directed the Trustees to pay to my wife,Nellie G.Bloyer,for he maintenance and support the sum of One Hundred ($100.00)Dollars, monthly,now I do hereby direct the Trustees to pay to my wife, Nellie G.Bloyer for her maintenance and support an additional sum of One Hundred ($100.00)Dollars monthly,making a total of Two Hundred ("200.00)Dollars monthly. WHEREAS,since the date and execution of my said Will,Harr J.Bloyer of Denbo,Centerville Borough,Washington County,Pennsyl vania,one of the two Executors and Trustees therein named has died now I do hereby revoke the appointment of the said Harry J.Bloyer as such Trustee and Executor aforesaid,and do appoint Violet Bloye to be Executrix and Trustee thereof in the stead and place of the said Harry J.Bloyer,one of the Trustees and Executors named in my said will.I do hereby also direct and declare that my said will shall be read and construed so as to have the same effect and oper- ation in every respect as if the name of the said new Executrix and Trustee had been originally inserted therein instead of the name ••'". Iof the former Executor and Trustee in every part of my s aid will in which his name appears. I hereby confirm my will in all other respects. IN WITNESS WHEREOF,I have hereunto set my hand and seal thisl day of ,1940. .. Signed,sealed,pUblished and declared by the abDve named Testator,David A.Bloyer,as and for a Codicil to bis last Will and Testament dated April 21,1937,in the presence of us,who,at his request and in his presence and in the presence of each other have hereunto subscribed our names as witnesses thereto. II-'-~o::r4;::~~~,JtdI.~~~----residing at I~~~re::::~::-~--!:.~~~~__res iding at •• OODICIL I,D vid A.Bloyer,of Denbo,Uentervi11e Borough,ashing- ton Oounty,P nnsy1vania,having made my Last 111 and Test ment bearing the date the 21st day of April,1937,do hereby make this as and for an additional co o~thereto:- WHEREAS,since I am now a partner in a Skating Hink,with Violet Bloyer,daughter~in-law,I do devise and bequeath to my Wife,~ellie G.Bloyer,my ahare of that business. I hereby confirm my will and former codicil in all respects. IN ITNESS VHEREOF,I have hereunto set my hand and seal this 12th day of .february,1941.~Q!.....&~~ Signed,sealed,published and deolared by the aoove named ~estator,David A.Bloyer,as and for a Codicil to his last ill and T stament dated April 21st,1937 and in the presence of us,who,at his request and in his presence and in the presence of each other have hereunto subscribed our names as itnesses thereto. BO,pa. •QIounty of llllIu5qingtonf 5ll. !hi"A,I RegiffJ's Offi~e_~)()~_:AD_,19<1-.:3 Personally appeared ;'J-""""--l-.-~---/'&.I#U1A)1a{;fJ;:nbscrihmg w.tnesses to Codicils o~.L~'Lund date 0 - -j'tJ!f-:~:~~/~fi'llto the fore- gomg last wIll and testament of-..--._ _'tl...+~.r··~·'···'·'~"······'~'··I·······deceased, di!l~t2I1981,and o~!!llemn~d-y that ./'-""-r-------------------------was presen~and did see and hear ~tiJ__------------------- deceased,t~e tif~.....therein named,sign,seal,publish and declare the ~amb as and or a CodicilSto ~Jast will and testament,and that at the domg thereoL ~. ',. was of sound disposing mind,memory and understanding,to the best of the affiant's knowledge and • Q1nmmnuUtraltQ nf'ruusyluauia egister for the ~~e of ~ 1e _~ ~..q~"'-L~~,,--...-.. .......~..............•... 'Will an 19.'/:..3., ..the sub cribing witne e to the foregoing attached Will of..~~~~~~~~~~t{;~~~.....~...~.'--'V"-"~~~.VV"-/ Ba.a4itlgtolt QIOUtlty.55: ~•••••••__•••_•••••••••~L<..AI"""" and SU1~,~..:ib~efo L ',_.--••'"'-•••-••-•.-7•••••••••••••~•••••••••••• deeea ed,who,after being duly qualified aceo ding to law,depose and saY~Ttthey were present at the ~ex~tion of aid Will-aw the testa~(~n the same-heard : _..publish it as and for ~~.la t Will and Testament;that they aL.~reque t,in.........presence,and in the pre enee of each other,ub cribed their name thereto a witnes e ;and at the time of the doing thereof aid te ~wa of sound,di po ing mind,memory and under tanding,to the best of the affiant' knowledge and belief.