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HomeMy WebLinkAbout1759_CLARK_MARY_74_107_08-02-1949_08-09-1949~/-------- .?J,~LZ:.#R~~4'. 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 __...,......__ ..------_..----..-------_-_._-_._-..----___---__---------..-.-.-------:.__.•.._--__----------------_----.._--_-_-. 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 ••• ••••••_.•__••••._.••••_••_._••••••__•__._••••••__•••••••_••_•••••••_••••••••_••._••_.•••••••••••_ J 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, ---_._-------------------------------.----- } 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, ..~....~...~ <J 0')~ \1J}'0~~a).-~-~r-t """- J ~F-:~., '.~«;Q rtj K ."\)':= Q) 00ellQ) \j~i <:,) Q)A rtj <ll+>i=l ""~C!:l t+-<000~ <ll <ll 0+>....+>.... ell q;>i=l~~p ._. F1UED ~ /949 AUG'PM I:2~ JArfES H.DOUGL it·; .R£GISTER OF WILLSAND EX -OFfiCIO CLERK O.C. '.I., it· ."-.. 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 ~--------------~--_...... .,, 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. - 2 - -----------------" (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 - 3 - '.... 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 - 4 .- '. 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 - 5 - ------1 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··· · · ·..···· ...,..,b ,.C "f.,Q:r.t.;r...,~.~",.,"~,:r.g.q:·.,t...,~,~.,"~"Q.~..~.,~~4:..~ry,...,.ane,,'Ge.bo.".. ................',the subscribing witnesses to the foregoing attached Will of .,'.."".,..",'.,...",.~r7,A .•",CJ.-.rk""".,",.,'"."..."'."..",'..",."".,.,..'"..',,...,,'.,.,....,'..'.'..."..','.',.",.,......,.'"'...,.".',,......".......".. 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. ,