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HomeMy WebLinkAbout1742_DIAMOND_GEORGE_105_235_02-02-1968_02-13-1968Iii II ~ .' ~ 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 • " • I! I 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. ../ 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 I . 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 ...J•.s..e.ni.Q.r Y.:i~.e .Presiden ~~ •> r 01t ~~~ Q)s::o~ oL!) (of)co I ...-l r-~ ...-l Q)...-l...-l.~Pi:r:c N ..r-N 'Q)r-N UU)'.OL!) ...-l...-l..a~Q)roo~....,.~ I-)~.~s::ro :;j ro~...-lU)~~UI~ ~..~s::ro 00 Q)s:: ...-l s::....,Q)U Q)s::1"1:>Q)t-'ol ~Q)U .. S if.)>....c:ro coo..~~...c:>.Q):;jE-l Q)....,..0s::...00>.s::\U ....,o Q)a .-;::~~N~ I..iI.... l.H'OJ ~j 'drols:: P=ll 0 ..,j SC\l:ros:::.~o!q .~:...."s::ro:roZjS S::''d 'do!s::s::'81 ro .~~l...c::r::o.oQ)Q)'~s::...c:l :;j .~ E-ll..o ~:00 Q) 0"'"...c:.......,....,l::'~ro::>~U rn ""'~Cl) ~ :;.; ~:ro: :;j!~, ..o!Q), ~1-d~§ ""'d c:o! '.OJ oi ~~1~j ~....,:s::: :;j!0,U1 s::!01....,: ~.~:...c:l00:rol~i~ ~~ f.J t~i~: 'dlS::l0,"'dS:Cl):rnro1«l51~.:~l Q), ooi~,olQ), 01 ..............•t ~ ~ I ('0 ~ •> .. 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. .•.,I uP:;~~/k-// .~___. 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 ~9 ............................................:..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 -2- 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 -3- 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. ~t~__ ~0~ -4-