HomeMy WebLinkAbout1752_CULLEY_MARGARET_73_564_05-17-1949_06-15-1949•
1152
CODICIL
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and Codicil thereto dated May 9,1945 and Codicil thereto dated March 11,1949
.Applttatinu fnr 'rnltatt nf IlItlv nf..MARG.ARET....C.1JL.L.E.X.....§,1~.Q....lm9.Ym....g.~....MARGARETalsoknownasMRS.GEORGE W.CULLEY
P •...GJJ.LL.E.X../.late of ~.'Q...:r.g.~t.t.§:tQw.:n ,Washington County,
Pennsylvania,deceased,an~~ruttt of ij'tttrrs UttBtumtutury.
REGISTER'S OFFICE
WASHINGTON COUNTY,}SS:
Before the Register of Wills of Washington
County,personally appeared .Iame.s R Donaldson......................................................who beingCULLEYalsoknown
duly sworn says that ...MARG.ARET...CULLEY...als.o...kno:wn...as...MARGARET...P.........:.;~
as MRS.GEORGE W.CULLEY,late resident of........B.urg.ett.s.t.own ,Washington County,Pennsylvania a citizen of Unit.e.d..Stat.e.s..died
at 8..:.55 o'clock P m.,on the 17.t.h.day of May.A.D.;19..4.9 .
leaving an estate of the estimated value of $..4000...00 personalty,and $35.00 00 .
realty,said real .estate being located in....B.o.r.ough..of...Burg.ettstO.wn"Washington C.O.un.ty.,....
.p..~nn~.y.lv.~nig,...~nd...b.eing...kn.QMl...a.s...N.Q.•....14.,...Elm...S.t.r.e.et g,nd....C.ent.~r A.v..e.nu.~.~...
The dec.edent's legatees and devisees are as follows:
NAME RELATIONSHIP RESIDENCE
Sarah Culley Bigger sister-in-lsw Burgettstown,Pa.···Andr·ew···DonaTCf·son···CliITey·······················"brofhe'r'~ln~]aw·····piffsburg·ii;··..P·a·:······
...Jo.s.e.p.h...R.•....C.ull.ey.nep.he:w _B.urg.e.ttst.o.wn p.9:.!.
Robinson Cemetery Association Robinson Tp.Wash.Co.,Pa.
···Cora···PUi~dy·······································-~·········Co·r·a·opoIIs;····P·a·~·········
...Eliz.ab.eth S.miley ~-.
N.N.Smiley Family-.----..-.--..-..-.._--_._-.-__-_-__--___--.-- -_..
Elizabeth Smiley Harper'Niece Burgettstown,Pa.
····tema:ii"··C·~····Smfley:····························B·liIg·er·;···l)·a·~·~····tC···-r)~········
...Lena..K.e.enan 227 Eorrest A.v:e..N.arb.erth,Pa •
....~~!..~~~.~~.~x.~.~~.~!..~~.~??.~t!:~~.~.~..
Charles Smiley Uniontown,Pennsylvania
Helen Bigger Niece Burgettstown,Pennsylvania
.....- -_..,___.._---__.-_ _--._-.
Testator has nO.t married and no children have b.een born since the
execution of the will offered for probate.
Petitioner prays that the paper writing filed herewith dated Aug.us.t...l.,....1.9..41.,....:t.O.Ke.t.h.~;r....w.:L th
...Q9.9J..QJ.l.~:t.b,~r..~t.9.may be admitted to probate as the last Will and Testament of said
decedent,and to grant Letters Testamentary th.ereon to J.ame.s R Donal.d.son .
.....................................................whose postoffice address is :w.a.sh1ng.t.Qn...T.r.u.~.t..JUgg.!."..jV.~P..h;i.UKt.(;m,Pa.
Sworn to and subscribed before me this
.Q.t/..4ty OL~..,A.D.]9..'1,7.·
~~~~~
..........,VE~
-----..-cL(~
COMMONWEALTH OF PENNSYLVANIA,
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SS:
WASHINGTON COUNTY,
who :::::1;:~~::Z::~=~=~::~~i:'J'~i~!~
tels,rights and credits of ~...~.~_a_J~.,deceased,
to the best of...~...skill an{judgm.ent in stric compliance with the laws of this Commonwealth,
mindful of the laws relating to inheritance taxes.
Sworn and subscribed before me this.c2.1.:~
day of .._~_.,A.D.19.!k9..n I /~3...·······~1J,_·_-(fR:;t~;
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SEVENTH.I give and bequeath to the Robinson Cemetery
Association the sum of TlO HUNDRED ($200.00)DOLLARS.
LLWI
THIRD.I give and bequeath to Sarah Culley Bigger,
wife of A:D.Bigger,the sum of THREE THOUSAND ($3,000.00)DOLLARS
FIFTH.I give and bequeath to Joseph R.Culley the sum
of ONE THOUSAND ($1,000.00)DOLLARS.
EIGHTH.I give and bequeath tQ Cora Purdy,if living at
my death,the sum of FIVE HUNDRED ($500.00)DOLLARS and in the
event that Cora Purdy is not living at my death,I·desire said
SIXTH:I give and bequeath to Eva Galbraith the sum of
FIFTY ($50.00)DOLLARS.
FOURTH.I give and bequeath to Andrew Donaldson Culley
the sum of ONE THOUSAIID ($1,000.00)DOLLARS.
EIRST.I direct my executor hereinafter named to pay
all my just debts and funeral expenses and to have the date of my
death pI ced on my tomOstone.
~,MARGARET CULLEY,of the Borough of Burgettsto~~,
Washington County,Pennsylvania,do make and pUblish,this my Last
Will and Testament,hereby revoking any and all wills at any time
heretofore made by me.
SECOND.I direct my executor hereinafter named to sell
either at public or private sale,at such time as said executor may
deem advisable the house and lot at 16 Elm Stpeet,Burgettstown,
Pennsylvania.
FIVE HUNDRED ($500.00)DOLLARS to be divided equally between
Cavitt Purdy,Paul Purdy and George Purdy.
NINTH.I give,devise and bequeath the home in which
I reside at 14 Elm Street,Burgettsto\v.n,Pennsylvania and the
house known as the Parkinson house on Center Avenue in the Borough
of Burgettstown to the following children of John N.Smiley,viz:
Earl Smiley,Charles Smiley,Elizabeth Harper,Lena Keenan and L.
C.Smiley,share and share alike.
TENTH.I give and bequeath to the Smiley Family the
quilt with the initials E.J.S.upon it,the same being Grandma
Smiley's QUilt,I desire that Elizabeth Smiley have custody and
control of said qUilt.
ELEVENTH.I give and bequeath to J.N.Smiley's Family,
to be divided as they see fit,my parlo~furniture consisting of
five chairs,a .lounge and a stand.
TWELFTH.I give and bequeath to Elizabeth Harper the
Family Bible containing a record of births,weddings and deaths.
THIRTEENTH.I give and bequeath to L.C.Smiley six sil-
ver knives,six silver forks and six silver spoons.
FOURTEENTH.I give and bequeath to Sarah Culley Bigger
six solid silver tea spoons engraved M.P.C.and twelve silver
knives and twelve silver forks.
FIFTEENTH.I give and bequeath to the J.N.Smiley Family
to be divided as they see fit,six silver tea spoons and six silter
table spoons of my mother's engraved M.J.S.
.'.•
SIXTEENTH.All the rest,residue and remainder of my
estate,I direct to be divided equally among Sarah Culley Bigger,
Andrew Donaldson Culley,Joseph R.Culley,Earl Smiley,Charles
Smiley,Elizabeth Harper and L.C.Smiley.
SEVENTEENTH.I nominate and appoint James R.Donaldson,
executor of this my last Will and Testament.
IN VITTNESS YffiEREOF,I have hereunto set my hand and seal
this /~day of ~t-.1941.
Signed,sealed,pUblished and declared by MARGft~ET CULLEY,
the Testatrix above named,as and for her last Will and Testament,
in the presence of us,who in her presence at her re.uest and in
the presence of each other,have hereunto set out hands as vdtnesses
hereto thi s /II day of ~/t&4~1941.
\
.'
COD I C I L
I,MARGARET CULLEY,of the Borough of Burgettstown,
Washington County,Pennsylvania,do make and publish the fol-
lowing as and for a Codicil to my Last Will and Testament,
and direct that the same be attached thereto and taken as a
part thereof:
_FIRST.y good dishes,I give to Elizabeth Smiley
Harper,she to divide the same among her brothers and sisters
and herself as she may deem proper.I also give to Elizabeth
Smiley Harper two coverlets,old relics hich came from the
Smileys.
SECOND.I hereby revoke that part of my ~ill,
wherein I gave the parlor chairs to the Smiley family as I
have disposed of said chairs.
THIRD.I give my diamond ring to Helen Bigger,
daughter of Andrew D.and Sarah C.Bigger.
OURTH.I glve go atch dth the chain attached
thereto,~hich formerly belonged to my brother,Brownlee Purdy,
to Leman Smiley,son of my Uncle John Smiley.
FIFTH.The watch chain in my safe deposit box,if
--'not disposed of by me in my lifetime,I give to Elizabeth Smiley
Harper.
IN ~~TNESS ~~EREOF,I have hereunto set my hand and
seal thisNJn+h day of May,A.D.1945.
Signed,sealed,published and declared by the above
named Testatrix,as and for a Codicil to her Last Will and
Testament,in the presence of us,who,at her reqtle-st -and in
her presence and in the presence of each other,have hereunto
subscribed our names as witnesses thereto.
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COD I C 1 L
I,MARGARET CULLEY,of the Borough of Burgettstown,Washing-
ton County,Pennsylvania,do make and pUblish the following as and
for a Codicil to my Last Will and Testament dated August 1,1941
and direct that the same be attached thereto and taken as a part
thereof:
FIRST:I-rep~blish my will of August 1,1941 and the Codicil
thereto dated May 9,1945 in their entirety except as hereinafter
changed.
SECOND:I revoke Item Fifth of my said Will,and in lieu
thereof direct that the following be substi~uted:
I give and bequeath to Joseph R.Culley the sum of Five Hun-
dred ($500.00)Dollars.
THIRD:I revoke Item Sixth of my said Will.
FOURTH:I revoke Item Nine of my said Will,and substitute
the following lieu thereof:
I give and bequeath the sum or Three Thousand ($3000.00)Dol-
lars to the following children of John N.Smiley,viz:Earl Smiley
Charles Smiley,Elizabeth Harper,Lena Keenan and L.C.Smiley,
share and share alike.
FIFTH:I give and bequeath to Sara Bigger my sewing machine.
SIXTH:I authorize and empower my executor,for the payment
of debts or for any purpose of administration or distribution,at
any time within (one)year ,from the date of my death,to sell all
or any of my real estate,at public or private sale,for such
prices and upon such terms as to ~cash and credit as he may deem
best,and to execute deeds of conveyance thereof,without liabili-
ty on the part of the purchasers to see to the application of the
purchase moneys.Ihis power shall not be construed to work a con-
version of my real estate,unless and until the power is actually
exercised,nor shall this power be construed to extend the lien of
debts.
SEVENTH:I revoke Item Sixteen of my said Will and in lieu
thereof substitute the following:I
All the rest,residue and remainder of my estate,I direct to
be divided equally among Sarah Culley Bigger,Andrew Donaldson Cul-
ley,Earl Smiley,Charles Smiley,Elizabeth Harper and L.C.Smi-
ley.
IN WITNESS WHEREOF,I have hereunto set my hand and seal this
II~ay of March 1949.
he¥"?/tr-,[;_*~~~~~-+-~(S AL)
iym4yk
Signed,Asealed,published and declared by the above named
Testatrix as and for a Codicil to her Last Will and Testament,in
~he presence of us,who,at her request and in her presence and
,in the presence of each other,have hereunto subscribed our names
as witness thereto.
WITNESS'
DEPOSITION
~::::::ET;E~~~~OAT:~t~::::~;:;~~~~Eh~;~i~~f;;;~'~;~~~ded~h;iib;;:;h~I;;~':::Y;;;.';:-aff;"m~
All of the following questions pertain to the attached item which bears the date...~.~.~I ...r..!..__~__~fm ...
and is offered for probate as a codicil to,or a pa~the last Will and Testament Of~~.~~.,
deceased,which bears the date ~.,..~./~!..~.~?:'.
1.Were you present when this instrument was signed V'ANS.r
2.Did you see it signedV ANS.~
3.Is this your name (indicating)subscribed as a witness to the instrument?ANS.~
4.Did you sign the name V ANS.~~.~
5.Who requested you to so sign it?ANS.~jIA.~~r;
6.Did you sign in the presence of the testat~(trix)?ANS.'fI<?
7.Did yoU sign in the presence of the other witnesses (if any)?ANS.~
8.Were you pres.ent when the testator's (trix')name was signed there (indicating)T ANS.~
9.Did you see it signedT ANS.~~1 J
10 Wh . d th t t t '(t'')th (.d'. )~ANS /I...Q~.L;'~-
11'.(if :h:I~:s:ator~e~:do::yo:;ass:::;m(:r
e
:)::=:~Ii::~he Sign'~e~~;;~:.
~:~~::~;)an:::r~he ~:~i:::::s:::~::~x~yr:::e::~~rr:~~::)..£~.~.~.~----__to sign
the name for ~(her)?ANS.~.,
14.(if yes)Did you hear the request?ANS.~
15.Why did"(she)request that another sign for ~(her)T ANSet~d ~~;::;"..
16.Who placed that X mark there (indicating the X mark)?ANS......__...~111-.-;~....~.----...------
17.(if the testator)Did anyone assist him (h.er)in making the XV ANS.~9...;tf,,~-~
18.(if so)Was the assistance requested by the testa~(trix)TANS.r
19.(if by another)Did the testator (trix)request .
to make the X mark for him (her)?ANS.
20.(if yes)Did you hear the request?ANS.
21.Was the testator (trix)then,to the best of your knowledge aud belief,of sound and disposing mind,memory and
understanding?ANS.~
22.Did he (she)then and there declare this instrument to be a codicil to,or a part of his (her)last Will and
T.estament?ANS.r
AFFIDAVIT
COUNTY OF WASHINGTON,SS,.Registe,',Offiee~..I..1f::..A.D.,194ft
Pm.Dally appeared ~~~..
the deponent named in the foregoing deposition,who,bein g duly sworn according to law,d.eposes and says that the
foregoing (answered)questions were read by and/or to the affiant,and that the affiant's answers thereto,as above
recorded,are true and correct to the best of affiant's knowledge and belief.
~._.~.xL~..............r~and subscrIbed before me ~
the d~andyear aforesaid.
.~.'--/y,.v................................................:~.
RegIster.
WITNESS'
DEPOSITION
DEPONENT~~~_.__..--_ _.
INTERPRETER (if :8):ANone ;i~'~ired.--~.:7.---._------------.------.--.
OATH:Do you ..~~--..~-.----.--.---..----.--.--._._,solemnly swear (or affirm)
that the answers you shall give to the questions hereinafter propounded shall be wholly true 1 ANS.~.
All of the following questions pertain to the attached item which bears the date...l!tAIJJ...l~..r......t.£t!:'.t':.
and is offered for probate as a codicil to,or a part of thc last Will and Testament ofb~~..~..r:~
d.eceased,which bears the date.__~;.-A...l..~..~.l.f-f:/..
1.Were you present when this instrument was signed?ANS.~
2.Did you see it signed'ANS.~
3.Is this your name (indicating)subscribed as a witness to the instrument'ANS.r
4.Did you sign the name'ANS.~
5.Who requested you to so sign it'ANS.h ....r "'~
6.Did you sign in the presence of the testator (trix)?ANS.r
7.Did yOU sign in the presence of the other witnesses (if any)1 ANS.~
8.Were you pres.ent when the testat~(trix')name was signed there (indicating),ANS.r
1~::oY::::~::~::t::oo'sA~:;X')~e there (indicating)1 ANS~&#."":--<~"'~
11.(if the testator)Did anyone assist him (her)in ma~ing the signature 1 ANS.
~:~~::~;)an:::r~he ~:;i::aen::s:::e~::~x~yr:::e::~~~~_;~~~~)_~~~.~:~~.~~~___to sign
the name for him (her)1 ANS.~~
14.(if yes)Did you hear the request1 ANS.111::?-.£..c
ku --la Wb¥..did,1I.4sbe)J;Aqpp.st..iQat ano.tJae~8ign.forbj.ibe.r}~-u ---_OJ).~e(~?t-!~.i<:.'__11IIII -.• • •~":::l~~~.....
16.Who placed that X mark there (mdmatmg the X mack)1 ANS ~~~~.
17.(if the testator)Did anyone assist JoMft (h.er)in making the X1 ANS.r /2.AI"tt4 <""'-Jb
18.(if so)Was the assistance requested by the testator (trix)?ANS.r At/JiJ M",P"""'"·
19.(if by another)Did the testator (trix)request ____.____..____ .
to make the X mark for him (her)1 ANS,
20.(if yes)Did you hear the request'ANS.
21.Was the testator (trix)then,to the best of your knowledge and belief,of sound and disposing mind,me'mory and
understanding,ANS.'fI-
22.Did he (she)then and,jh~eclarethis instrument to be a codicil to,or a part of his (her)last Will and
T.estament?ANS..,--
AFFIDAVIT
COUNTY OF WASHINGTON,SS:
ll,egistcr',OffiC~~!".~A.D.,194."
Personally appeared .U~..::-_--.- -..
the deponent named in the foregoing deposition,who,being duly sworn according to law,deposes and says that the
foregoing (answered)questions were read by and/or to the affiant,and thatthe affiant's answers thereto,as above
recorded,are tru.e and correct to the best of affiant's knowledge and belief.
~....J:~~L~_fJ~
..........................................____and subscribed before me
the day and year aforesaid.
········~··\{d:·~····················
J '.,'
IDnmmnulttrult4 nf Jruusyluuuiu
llIa5qiugtnu C!tnuuly.55:
BE IT REMEMBERED,That upon this ~.~.~.~.~day of ;!..~!!-.~.
49 James H.Douglas '19 ,before me · ···:·..···Reglster for the Probate of
Wills and granting Letters of Administration within and for said county,came..· · ·..·..
bessie D.Truax and John M.Scott
..............................................,the subscribing witnesses to the foregoing attached Will of
Il1~:I'ga.r..~.~c::.l:l.J:)~.y .
~Ibdeceased,who,after being duly qualified according to law,depose and say:That.J,..:.,e..Y.....Yl.~.:r.~.
present at the execution of said Will-saw the testat.r..ix sign the same-heard ~.l~;:r ..
bl' h 't d filer I W'II d T h mhey lier t'lIarpuIS1asanorast1anestament;tat ..:'!'·at reques,In··..·..·..
presence,and in the presence of each other,subscribed'rh~.*t.namesthereto as witness~.~..,and
at the time of the doing thereof said testat.r.i.x.......was of sound,disposing mind,memory and
understanding,to the best of the affiants'knowledge and belief.
orn and SUbscrib~BeforeMe
~~../V.L!..~~
Register
,,"
<!taunts af JlIht!l~tn!ltnnf ss.
Register's Office .;[~D-.~..J A.D.,19.49..
Donaldson
Personally appeared !I.QPJ~M..}?Q.I;!.~1.~~Q.P.-?-JJg...J·~~1J..r.?-M...!the subscribing witnesses to
Codicil No l under date of May 9.~.l.945 to the £ore-
going last will and testament of Miill.GARET.Q.ULLEY..........................................................................deceased,
dated .Augu.s.t l 19..4l.,and on t.he.ix solemn O.aths did say that
....tJ;Lt?:l .::{S?r.'2 ~present,and did see and hear .Mar.g.a.r.et.~.ull.ey .
deceased,the testa.t.ix therein named,sign,seal,publish and declare the same as and for a
Codicil to h.e.r..last will and testament,and that at the doing thereof...she .
's knowledge and belief.
(J-cd?('#".....~...xtt...!•••.•.••.••~~
was of sound disposing mind,memory and understanding,to the
..J-'-£~7~.,.!..;.~.2 and subscribed
before me the day and year aforesaid.
'~",",,~l~J~~~~
((
Q!OUttty of Iht!l~itt!1tnttfBB.
Register 's Office ~~.~.~~~.~~~.~A.D.,19 ~~
Lola Aelle son and li~ry Horr . . .Personally appeared the subscrlbmg wItnesses to
Codicil No ~under date of ~~?-.~.9.!.~J:~.~..~~~.1:.~to "the fore-
going last will and testament of..l~~rg~.~~.~....9.~1J..~y..............................................................................deceased,
AulY.1st.1941 Their Oaths .dated .'?19....•...,and on solemn dId say that
...~~_present,.nd did see .nd he.r.y.~:':~":":~.~~.l1~~.":.!_.
deceased,the testa trix therein named,sign,seal,publish and declare the same as and for a
Codicil to }~~.r.Jast will and testament,and that at the doing thereoL S.h~.
was of sound disposing mind,memory and understanding,to the best of the affiant's knowledge and belief.
Sworn........................................................................and subscribed
befor?).::yktJ~£~.....