HomeMy WebLinkAbout1742_DIAMOND_GEORGE_105_235_02-02-1968_02-13-1968Iii
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LAST WILL AND TESTAMENT
OF
GEORGE E.DIAMOND
And now-February 14.1968.it
being adjudged that said Will
and Codicil has been proved.
they are hereby admitted to
probate and ordered to be re-
corded and Letters Testamentary
are issued to ~he Union Natio~al
Bank ot Pgh.and Catherine
Hindman Diamond.in said Test~
ment names who were duly qu
tied.
Russell Marino.Register
WILL BOOK 105 PAGE 235
WILLS.ENTWISLE Be HILL
ATTORNEYS AT LAW
520 GRANT BUILDING
PITTSBURGH 19.PA.
Smith Bros.Co.Inc..Printers and Publlehers
484·488 Boulevard of Allies.Pittsburgh 19.Pa.
to
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1 ~3 ~ODICIL-B-217to
LAST WILL AND TESTAMENT
of
GEORGE E.DIAMOND
John C.Hill
WILLS,ENTWISLE &HILL
ATTORNEYS AT LAW
GRANT BUILDING
PJTTBBURlaH 19.PENNBYLVANIA--EXPRE:SS 1-1046
Smith Bros.Co.Inc.,Printers and Publishers434-486 Boulevard of Am...Pltteburch 19.Pa.
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1\pplication for 'robatt of lIill uf g.~!?E.K~~.~P~.?:.~!?.J:?:~.
H ..__.late of..~.'?-.~.~Y.Y.~.~.9:~.~gE.~.?..~.?..~.?.~g,9:,Washington County,
Pennsylvania deceased,and ~rant of 1JjrUrr.a Wr.atamrntary.
REGISTER'S OFFICE,I
WASHINGTON COUNTY,rSS ,:
Before the Register of Wills of Washington
The Union Nattl.Bank of Pgh by J.Donald Patton,Sr.
County,personally appeared..Y:~~g .P..r..~.~.~d~.n.t...&.«t.a~bAnJi~~dman ..DiamQnd wh 0 being
duly sworn says that..9.~.<?E.g.~~.!P.~~.J:?:'?:!?.~9.-~late resident of
17 Wilmont Ave.,East
Wft.S.h,i.fl~t.m'l B&l:-0ugh ,Washington County,Pennsylvania,a citizen of..th.e JJ.~S o.f..A.c died
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testate atW.~~.h.~.~g,t.2g..Jj;g.!?p.g~1.L ..W.~.§.hl!?9:I!on the f.D:9-.day of..E.~.QI.\.!:~.:r..¥.A.D.19 6..8 ..
at...9.o'clock .P.m.,age :?.~leaving an estate of the estimated value of $\.!:nJsnQY.l.n .
personality,and ~.X n9.realty.,~~~~~~~~x...
..........................................................................................................................................................................................................4 .
The decedent's legatees and devisees are as follows:
NAME RELATIONSHIP RESIDENCE
IT WITmont Avenue
Catherine Hindman Diamond Wife Washington,Pa.,15301
The Union National Bank of Pittsburgh
'T'.,.."'"j-",.>-,ITJ,..j.~~.,-nr a 'T'.,..'"to rl ~to a rl 4th Ave R,.Wood Street
2/18/53 as Fund "A"as per Third para-Pittsburg-h.Pa••15230
graph of the Trust
The Union NatioErteBank of Pittsburgh
4th Ave.&Wood StreetTrusteeunderlInsuranceTrustdated
2/18/53 as Fund "B"as per Fourth
Pittsburp'h.Pa••15230
paragraph of the Trust
t has adoptedTestatorhas~9.married and Q.~~chil~been ~since the
execution of the will offered for probate.but see provision for adopted son as per Codicil of 4/12/56
Petitioner prays that the paperswriting filed herewith dated.~.l.9..L?}....?-.ng...1i..!.?.l.?...9....1?.~!.D:g..lh.~...WJ1L§r C odicil
and CodicilmaybeadmittedtoprobateasthelastWillandTestament/of said decedent,and to grant Letters Testamen-
The Union National Bank of Pittsburgh
BY.:~!.~?l~.
Senior Trust Officer
.~.:%-~~~Register
tary thereon to..I.h.~...Y.~~!?~..~.~gg.~.?:l f?.~~9..L;P.K~~~!2.~..~.~~4.~.E.~.~~tl~E.9.-.~E-...;gJ.?*.J;?2~E-.9:_.
c/o Trust Department
whose postoffice address is £\.Q~J?g.~~}1 ::...Pitt..1?,p..~..:;:gh).;P..~.~E-.!?yl':':.?:.~.?:~..?~.}..Q.__..
.~.
Sworn to and subscribed before me this ..!.:?..
'<da~:/~.?.EO!."'EY.__A.D.19.~..!L_
..................~..~~.
COMMONWEALTH OF PENNSYLVANIA,}J_e Donald Patton,Sr.Vice President of The
WASHINGTON COUNTY,SS.:Union National Bank of Pittsburgh and
February /3 "¥68 Catherine Hindman DiamondAndnow,19 ,comes ..
who being duly sworn doth depose and say that.....th.~.y.will well and truly administer the goods and chat-
tels,rights and credits of .9.~g.!:.g.~~.~P~.~.~9..~~deceased,• •_ _1
to the best of .Jh.~.:i:~..skill and judgment in strict compliance with the laws of this Commonwealth,mind-
ful of the laws relating to inheritance taxes.,¥
Sworn and subscribed before me this ..!?.
day of f..~.1?.!..~.?.-.:E.y.A.D.19 §.§.
............~~£~~.
Register
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OIounty of mall~ingtnn,5ll.
REGISTER'S OFFICE.......r..~p..~....1.3.t.b..L..l....A.D.19....6a
Personally appeared .J:9.~9..!~J~J ~.n,4 R9.y.~.!:I:9.~.~Q.~~.r.~.
who,after being duly qualified according to law,deposes and say that they are well acquainted with the handwriting
George E.Diamond .of ,Deceased,Testator to the foregomg
Will dated February 19th.53....................................__19 ,and that the signature
·George B.Diamondofsald .
own proper handwriting,as they,the affiants,verily believe.
.......................,~~is in his ~
One of is
Also,that the subscribing witnesses~~not now within this jurisdiction.
before me the day and year aforesaid.
........~~~.
""9 H~~Register
Sworn and subscribed ..........................................~/~.
.~.~~..-e&d ,.
<nouuty of lIa5Qiugtou f 55.
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uP:;~~/k-//
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C2,~~.Register
Register's Office :ti:~P..~~~.~~.~_.__._A.D.,19 §.~..
Personal1y appeared ~.?.~~..~~~.~~_._.~.~.~~g¥.~~g~~.~9.J~.r..~he subscribing witnesses to
Codicil No l _under date of Ap..r..~·J lg.~h.~.l.~§.§to the fore-
.,George E.DiamondgOl11glastwIllandtestamentof ___.__.__deceased,
dated ~~.~.~~.~_~_~~_~.~~.~19 ,and on..~P:~.~!'__.._solemn _~~..~P:.~did say that
........._..T.h.~.Y._w.~_r.~present,and did see and hear g.~..Q.r.g.~~.!P~~.~.9.~~_.__._.__
deceased,the testat.9r _.therein named,sign,publish and declare the same as and for a Codicil
to ~.~.~..last will and testament,and that at the doing thereof __ .
was of sound disposing mind,memory and understanding,to the best of the affiant's knowledge
and belief.
Sworn......_and subscribed
before me the day and year aforsaid.
..~~L~.
mnuuty nf lIu5qiugtnu.55:
Personally appeared
Register's Office,F.:~.1?~~.~.~~.~A.D.19..~~
............~.?~.<?~~}.~one of the subscribing witnesses to
the foregoing last will and testament of q.~.Q.:r.g~~.L'p',t.~.mQn..g _ _deceased,
and on ?_~_~solemn..9.~.th did say that...li~was present,and did see and hear
..........C3:~.~.J;'g.~~p..~a.-.Il19.!:J.(L ,Deceased,the testa ~.9.;r:'therein named,sign,seal,publish
and declare the same as and for .~~.~_ _last will and testament,and that at the doing thereof
.......Ii~was of sound disposing mind,memory and understanding,to the best of the affiants'knowledge
and belief.
.........................§.W.9.:r..~and subscribed
before me the day and year aforesaid.
....~~~_.
Register
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............................................:..I..~..
.JCH:mkg 4/12/56
........,...
CODICIL
to
LAST WILL AND TESTAMENT
of
GEORGE E.DIAMOND
I,GEORGE E.DIAMOND,of Washington County,Pennsylvania,do
make,publish and declare this to be a Codicil to my Last Will and Testament
dated February 19,1953.
FIRST:Whenever in my said Last Will and Testament I refer to child-
ren born of the marriage between Catherine Hindman Diamond and me,the
said phrase shall be construed to include Bradley Hayden Diamond,a child
born November 17,1955 who at the time of the execution of this Codicil is in
our custody,and who,it is contemplated,will be adopted by me and my wife,
Catherine Hindman Diamond.Provided,however,that if the adoption of the
said Bradley Hayden Diamond by me and my said wife,or either of us,has not
been approved by a Court of competent jurisdiction within five (5)years from the
date of this Codicil,the said Bradley Hayden Diamond shall not be entitled to
share in my estate and the provisions of this Codicil shall be null and void.
SECOND:Except as herein provided,the said Last Will and Testament
dated February 19,1956 shall continue in full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and seal this L l7:!-
~"day of ,1956.----"'=7==--==-..:=.-----
Signed,sealed,published and declared by the said GEORGE E.DIAMOND
as and for a Codicil to 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.
.',.
LAST WILL AND TESTAMENT
I,GEORGE E.DIAMOND,of Washington County,Pennsylva-
nia,do make,publish and declare this my Last Will and Testament
hereby revoking and declaring null and void any and all Wills and
Codicils by me at any time heretofore made.
FIRST:I direct my Executors to pay my just debts,
the expenses of my last illness and my funeral expenses.
SECOND:I give and bequeath all my household goods,
jewelry,automobiles and other purely personal effects to my
wife,Catherine Hindman Diamond,if she survives me.In the
event my said wife predeceases me,I give and bequeath the afore-
said items to the children born of the marriage between Catherine
Diamond and me in as nearly equal shares as may be.
THIRD:In the event my wife,Catherine Hindman Diamond
is living at my death,I give,devise and bequeath to The Union
National Bank of Pittsburgh,as Trustee under that certain Re-
vocable Life Insurance Trust Agreement dated February 18 ,
1953 and actually executed by me prior to my signing of this Will
so much of my estate as will afford my estate the maximum allow-
a Ie marital deduction under Federal Estate Tax Laws when this
is considered with any and all other property
of mine (including life insurance)passing or which has passed to
my wife under the terms of this Will or otherwise and which other
property is included in my gross estate for Federal Estate tax
purposes and in the marital deduction allowed my estate.My Exe-
cutors shall exclude from this gift,which is for the benefit of
my wife,any terminable interests which would not be deductible
as part of the marital deduction allowed my estate if given to
my wife.
My Trustee shall hold this property as Fund "A"in
accordance with the terms and provisions of the Revocable Life
Insurance Trust Agreement referred to above.
FOURTH:All the rest,residue and remainder of my
estate,of whatsoever kind and nature and wheresoever situate,of
which I shall die seized and possessed or to which at the time of
my death I shall be entitled,remaining after the payment of
taxes as hereinafter provided,I give,devise and bequeath unto
The Union National Bank of Pittsburgh as Trustee under that cer-
tain Revocable Life Insurance Trust Agreement referred to in
Paragraph THIRD above,to be held by it as Fund "B"in accordance
with the terms of that Agreement.
FIFTH:In the event that the said Life Insurance Trust
Agreement has been revoked,or should the policies deposited
thereunder have lapsed,the property herein given,devised and
bequeathed to The Union National Bank of Pittsburgh under such
Trust Agreement shall be held by it in trust in accordance with
the provisions of the said Life Insurance Trust Agreement in its
form immediately prior to the execution of this my Last Will and
Testament.
SIXTH:I authorize my Executors to sell any and all
real estate of which I die seized,at public or private sale,for
such prices and upon such terms and conditions as they shall deem
advisable,and to make,execute and deliver good and sufficient
deed or deeds therefor,conveying title thereto in fee simple
absolute or for any less estate to any purchaser or purchasers.
SEVENTH:I authorize my Executors to make distribution
of my estate in kind,in cash,or partly in kind and partly in
cash,as my Executors shall believe advisable.
EIGHTH:I direct my Executors to payout of the prin-
cipal of Fund "B"all Federal Estate,State Inheritance,or
Estate and Succession Taxes imposed upon or with respect to my
estate or any property in which I may have an interest,including
any property not forming a part of my testamentary estate but in-
cluded in my gross estate for tax purposes,except any property
over which I have a taxable power of appointment in event it
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shall be held that I have not exercised such power of appointment
in this Will,at such times and in such manner as my Executors,
in their discretion,shall deem advisable;and no such taxes or
any portion thereof so paid shall be collected from or paid by
any other person,persons or corporations by way of reimburse-
ment,proration,apportionment,or otherwise.
NINTH:In the event my wife,Catherine Hindman
Diamond,fails to survive me,I appoint my sister-in-law,Mrs.
Nell H.Bilby,of Pittsburgh,Pennsylvania,as Guardian of the
Person of my minor children.
TENTH:I name and appoint The Union National Bank of
Pittsburgh and my wife,Catherine Hindman Diamond,or the sur-
vivor of them,as Executors or Executor of this my Last Will and
Testament,and I further appoint The Union National Bank of
Pittsburgh and my wife,Catherine Hindman Diamond,or the sur-
vivor of them,as Testamentary Guardians or Guardian,as the case
may be,of the estates of minors entitled to distribution here-
under,giving and granting to them in the capacity as Guardians
of the estates of minors the power to agree to any distribution
of my estate that they deem advisable;the power to retain any
property,real or personal,received by them in kind and the
power and authority to sell the same upon such terms and condi-
tions as they believe advisable,giving good title to any real
estate thus sold;and the power and authority to invest in such
stocks,bonds and/or other investments they deem advisable,with-
out being limited to those investments in which guardians are by
law required to invest minors'funds;and giving and granting to
them in this capacity the power and authority to disburse to or
for the benefit of the minor wards so much of the income from the
principal of the minor's share of my estate as they,in their
sole discretion,deem advisable for the minor's comfort,sup-
port,maintenance and complete education,including preparatorY,
college or post-graduate or professional training,and to aid th
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minor in the event of any illness,injury or other emergency
affecting the minor wards wherein money is needed.
IN WITNESS WHEREOF,I have hereunto set my hand and
seal this 19th day of February,1953.
Signed,sealed,published and declared by the above
named Testator,GEORGE E.DIAMOND,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 sUb-
scribed our names as witnesses.
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