HomeMy WebLinkAbout1759_CLARK_MARY_74_107_08-02-1949_08-09-1949~/--------
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Applitntinn for.Jr"llbatr of lIill Or....m J......a~~
....-----.-_._.late of 2'j(M-4-~..-.~--:..-..--..---------------.__,Washington County,,--~
Pennsylvania,deceased,and ~runt of iIdt.rrs Utrstumrnturg.
REGISTER'S OFFICE
WASHINGTON COUNTY,}SS:
County,p"'onally app..,ed~~i,~e~g"te:O~~Hl'~~:::h~::::
duly sworn says)that ---~..-~....---..-...~C ..---.........---.late r.esident of
.~~,~hington Connty,Pennsylvania a cWzen of jd/£v.J<I"'....~__died
at_£L/~-0'C10Ck.~.,on the _.J,..~...__._day of .~-.....-..---A.D.,19..194/
leaving an estate of the estimated value of $..-..2L.Zc:J.!Z ..'?----....~personalty,and $<::::.......__....._
realty,said real.estate being located in __...,......__
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The dec.edent's legatees and devisees are as follows:
NAME RELATIONSHIP RESIDENCE)rJk7f:nir""Fu~nnn~uJ1~It~-~·~/i:~~.tl~--~~~~-(/"'-~J~&----::-J1Y.-j7£~~g<.~~-~.--..--j~-.r£~-.J1~~-~.
_______e ••• ••••••_.•__••••._.••••_••_._••••••__•__._••••••__•••••••_••_•••••••_••••••••_••._••_.•••••••••••_
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Testator has _J1.~.__married and ~..--children have b.een born since the
execution of the will offered for probate.
Petitioner pray,that the paper writing filed herewith dated.~ct~.,...j~fl-7
______..______may be admitted to probate as th:h"lt -4and Testament of said
decedent,and to grant Letters Testamentary th.ereon to ~__..A~~
........_____whose postoffice address is ~..r;'.J1.~.~~.d ..--..-----..--.---..---..U/~~(?'~~i;2~:~;::'l:m:====::'
COMMONWEALTH OF PENNSYLVANIA,
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SS:
WASHINGTON COUNTY,
who :i:gn::;~:~~~;~~;;;;~;;~l~~'j1km,s ~~~~::f=:::~::;;~-;~;~
tels,rights and credits of Uuu_h:t!!:r~m~um-~~~u-h-.hU..h-..u..mu ••uu u..,deceased,
to the best of...~._.....skill and judgment in strict compliance with the laws of this Commonwealth,
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/949 AUG'PM I:2~
JArfES H.DOUGL it·;
.R£GISTER OF WILLSAND
EX -OFfiCIO CLERK O.C.
'.I.,
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I,MARY A.CLAR..T<,domicilaiin the City of
Washington,Commonwealth of Pennsylvania,do hereby
make,publish and decla.re my last will and testament to
be s.s follows:
FIRST:I hereby revoke all wills and codicils
heretofore executed by me.
SECOND:I direct ths.t my just debts be paid as
soon 8fter my death ::fs my executrix sh8ll belleve prudent
and convenient.
THIRD:I give and becueath to my P00nted
daughter MARY WAGNER SOPAN,wife of Frank Sope.n,p'l:'esently
residing in the State of Connecticut the sum of Ten Doll~rs
($10.00)as a token of the fact that I am mindful of ~er.
FOURTH:All of the rest,residue a.nd remainder
of my estate,real,personal and mixed,of Whatsoevermture
and wheresoever the same !!lay be situated,mmed,sei zed or
90ssessed hy me,or to which I may be entitled at the time
of my death,I give,devise and becueath as follows:
(a)If my si ster ANNIE WEITZEL ROSE shp.ll
survive me,I direct that the said residuary estate he
held in trust during her life;that my trustee hereinafter
named invest and reinvest the same,collect the income
therefrom;and that until the death of my said sister,or
until the property held intrust has hecome exhausted,my
trustee shall apply to the use and benefit of my said sister,
invading the principal to the extent that may be necess~
for that purpose,a sum not exceeding $3/J (~-
for each calendar month.Whether the sum to be so applied
shall be less than the said amount and whether it shall he
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.,,
applied for the use and 'benefit of my said sjster by
paying over all or any part thereof to my said sister,
and/or by expending the same for her account,or welfare
or otherwise,I leave entirely to the uncontrolled dis-
cretion of my trustee,unrestricted by the fact th~t in
a.pplying such funds my trustee may thereby be relieving
herself of obligations that she is legally reouired to
bear.The limi{fsaid monthly expenditures may be increased
at any time or from time to time upon filing i~the court
where my will hes been admitted to probate an instrument
in writing -executed by my nephew VV"illiam Gilli gaD and
acknowledged in the manner required for recordLng a deed to
real property,stating the amount of such increase and the
time during which it shall continue.Upon the a.eath of my
said sister if any of the property so held in trust shall
remain unexpencted in the hands of my trustee,I direct tha.t
the same be distribut€d in the same manner as is urovided
in sub-para.graph (b)of this article regarding the distribu-
tion of my residuary estate in the event that my said sister
should predecease me.
(b)If my said si ster ANNIE 'VEITZEL ROSE shall
predecease me,I direct that my executor shall divide the
said property into two equal portions and dispose of the
same as follows:
(1)That one of the said portions shall be
distributed in the manner hereinafter nrovi~ed in
equal shares to the issue of ANNE ROSE SUM!,!1ERS,
who shall be living at the time when such dis-
tribution is made,the said ANNE ROSE SUMMERS
being my niece now residing at Washington,
Pennsylvania.
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(2)That the other of the said portions
shall be distributed in the manner her-einafter
provided in equal shares to the issue of MARY
WAGNER SOPAN who shall be living at the time of
said distribution,the said MARY WAGNER SOPAN
being my adopted daughter now residing at or
near New Haven,Connecticut.
(c)The distributions hereinabove provided for
shall be made by depositing the amount to be distributed to
a particular distributee in a saVings bank in the name of
the distributee and by delivering the passbook representing
the account created by such deposit to the distributee if he
or she shall be more than fourteen years of age and if any
of them be less than fourteen years of age by delivering the
said passbook to his or her mother or father,and if the
mother or father shall be dead,to the person whom my executor
or trustee believes to be the next best friend of the o.is-
tributee.My executor or trustee shall not require any legal
guardian to he appointed for the purpose of making such
delivery,and upon delivery of the passbook in acc()rdance
with the provisions hereof,my executor or trustee shall
thereupon be discharged of all further accountability in
respect to the sum represented by the passbook so delivered.
The said sums need not all be deposited in the same savings
bank but each may be deposited in a different savings bank
and the bank selected for that purpose by my executor may be
located anywhere in the United States that my executor or
trustee may choose.Without intending to limit the dis-
cretion of my executor or trustee I suggest that due con-
sideration be given to the advisability of making such
deposit in a savings bank organized and existing under the
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'....
laws of the state where the particular distributee at the
time resides.The selection of any such savings b::mk here-
under in good faith and the delivery of the passbook to the
person in whose name the deposit is made to a parent or
natural guardian of such person shall constitute a complete
discharge of my executor or trustee from all further lia-
bility with respect thereto.
(d)If any of the funds of my estate shall be
deposited with a savings bank or any building and loan
association whose account shall be guaranteed by any agency
of the Federal government,such funds shall be deemed to
have been duly invested for all of the purposes hereof.
This provision however shall not be construed as preventing
my executor or trustee from investing any funds which they
may hold in such securities as may be lawful for executors
and/or trustees.
FIFTH:I hereby nominate,constitute and appoint
my niece ANNE ROSE SUMMERS of Washington,Pennsylvania,
executrix and tnlstee of this,my last will and testament.
If my said niece shall die before my estate is administered,
or for any reason shall fail to quali~T as executrix and
trustee hereunder,then I hereby nominate,constitute and
appoint her hu sband,ROY SUMMERS as executor and tru stee
of this,my last will and testament in her place and stead.
SIXTH:I hereby direct that my executrix or
executor and trustee shall not be required to give a bond
or surety in any form for the purpose of (lua.lifying as
executrix or executor or trustee hereunder or for any other
purpose connected with my estate.
SEVENTH:If any of the legatees named herein
be a minor or an incompetent at the time of the distribution
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of my estate,my executrix or trustee may nevertheless in
her or his discretion make such a distribution directly to
such minor or incompetent,or to the natural guardian of
said minor or incompetent,or to such person as my executrix
or trustee in her or his absolute discretion shall deem to
be the next best friend of said minor or incompetent and
such distribution shall constitute a full and complete dis-
charge of my said executrix or trustee whether or not the
said minor,or incompetent,natural guardian,or next best
friend shall be otherwise empowered to receive the same.
IN WITNESS WHEREOF I have hereunto set my hand
and seal to this,my last will a.nd testament this 28th day
February,1947
of~
WE,whose names are hereunto subscribed,do
hereby certify that the within named testatrix,
MARY A.CLAR}{,on th€28 day of ~Feb.1947
inl our presence and in the presence of each of
us,signed,sealed,published and declared the
foregoing instrument,as and for her l~st will
and testament,and that we,on the said date,
at the same time and at her reauest,and in her
presence and in the presence of each other,
ha,ve hereunto subscribed our names as attesting
witnesses thereof,and set opposite thereto our
respective residences.
'~k:ZA~I&'=:::t~~-"I~%'..II!~~~~_r.esiding a t_---:!lIl:::IYllI1~~~I!::lIt,oW~~
--L.-+-__~~~if---J~~==--I-_residing at'-U~~~~!2!~~~g
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QIommottlUpultq of Jruusyluuuiu
lIIIht5lJiugtou mnuutn.55:2/
BE IT REMEMBERED,That upon this r day Of ~..;;:.
19..#..,.,before me ,T,aM.8 :a.p.o.U.gl.'-JL Register for the Probate of
Wills and granting Letters of Administration within and for said county,came··· · · ·..····
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................',the subscribing witnesses to the foregoing attached Will of
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deceased,who,after being duly qualified according to law,depose and say:That ..Tb..y or•.,.....
present at the execution of said Will-saw the testatrU ,sign the same-heard H8r
publish it as and for ....Ji,e,r ..,last Will and Testament;that 'l.'b.Y'at ......I.I.r,request,in J:I..r..
presence,and in the presence of each other,subscribed~,~J:r.....names thereto as witness,~.~and
at the time of the doing thereof said testat,r1x..was of sound,disposing mind,memory and
understanding,to the best of the affiants'knowledge and belief.
w nand SUbscrj.Before Me .'
,,',~.."..~~~.
Register
FILED
19~9 AUG JIlfPM f:25
,,....''C'H DOU'i~i f.,.·,)}·:.il,:~J.vLl L)'
.~rGISTER Of vJlllS
AND
EX -~~TIC!O CLERK O.C.
,