HomeMy WebLinkAbout1762_DIERKEN_ERVEN_106_445_10-06-1968_10-28-1968?:;ocO%-ei='
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WILL ·OF
ERVEN E.DIERKEN
And now October 28,1968,it being
adjudged that said Will and Codicil
has been proved,they are hereby
admitted to probate and ordered to
be recorded and Letters Testamentary
are issued to Mellon National Bank
and Trust Company in said Testament
named who was dUly qualified.
Russell Marino,Register
WILL BOOK 106 PAGE 445
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FIRST CODICIL
to
WILL
of
ERVEN E.DIERKEN
Robert E.Dierken,Esquire
1670 Ehnwood Avenue
Lakewood,Ohio 44107
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Trust Officer-,,
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ERVEN E.DIERKEN a/k/a ERVIN EARL
mERKEN a/k/a ERVEN EARL DIERKEN a/k/a
l\pplication for Jrobatr of Ifill uf.....~.~.~..:...P.~~.~~.~~...~.~?:...~~.Y~~...~..~...P!~.~~.~~
M _.._.late of Mg.~.(?~g.~~.c::.~~,Washington County,
Pennsylvania deceased,and Grant of 1.Grttrr.ll wrstamrntary.
REGISTER'S OFFICE,,
WASHINGTON COUNTY,rSS.:
Before the Register of Wills of WashingtonArlieW.Ott,Trust Officer,
County,personally appeared M~UQILN.Mj..9.n.~.Lf}.~p.Js ~n.4...:r.r.g.§.t.g.9.mI?9.-.m~.I.wh 0 being
Erven E.Dierken a/k/a Ervin Earl Dierken a/k/a
duly sworn says that......~.r.y.~.n ..~.~.:r..LPt.~.:r..~~n ..9.-.I..~I.~...~..~....~.~....P!.~.J.:~~.g...~n4...g.;r.y.Jn.....late resident of
E.Dierken
....M9.gg.gg~·J~.~J~,Washington County,Pennsylvania,a citizen of...Y...!e..!~.!died
testate at.M9.!W.~g~~.~.~~on the....§.~~day of...2.~~g.:t?.c::.:r::A.D.19.~~.
unknown ,78'.50 000 00at...o cIock.m.,age leavmg an estate of the estimated value of $.I ~.
1·d $undetermined I 'd lb'I d ."P...1 t::"tpersonaIty,an rea ty,sal rea estate emg ocate m ~.u.w.e.J:IoI..Q.un y..,..
~...............................................................................................................................................................................................................................................................
The decedent's legatees and devisees are as follows:
NAME RELATIONSHIP RESIDENCE
Robert ~.Dierken Son Predeceased
Mellon National Bank and Trust Company,40 South Main Street,
vvashlngton,..I:"a.l.:>jUl
Trustee for Edith Dierken Daughter
Testator has !?:9..L married and E:9.children have been born since the
execution of the will offered for probate.
Petitioner prays that the paper writing filed herewith dated.....Ag,gR§.L?J..I....J.9..g.1.,....~n.g...g.9.g.t.~j..+..Jh-.~.J.:et0
dated March 28 I 1967,
may be admitted to probate as the last Will and Testament of said decedent,and to grant Letters Testamen-
tary thereon to M.~llQn..N.a.:tiQna.l...B.ank..and..l:x:u.fji.:t C.Qmp.a..n.y._M_••••••••___•••••
whose postoffice address is ~9.~9.~!~¥~.~~~!E.~.~~.L..~~.~}:~i.~g~5?~.1.~.~.~.~~y.!.y.~E:~~~..?.?..9..!.
."J.::l uf
sw~rntoansubscribed before me this ,¢..
day of "..~~:..A.D.19 ~.
.......................~~::!2!/!~f.~:Q .
Register
COMMONWEALTH OF PENNSYLVANIA,}SS.
WASHINGTON COUNTY,"..
And now ~~g&L-4 19 ,romes..M~~~.:'..~;t.!~.~~.i.~~;~.~~~~.i~:~~L~9..~pany I
who being duly sworn doth depose and sa,y ~hate ..}'L"7'i'''7.....will ,"!"ell..a.nd trul~administeIj th~.2:oOOs and chllt-.ErvenE.DlerKen a K a Ervln ~arl D'ierken at kl ~rven.Earl Dlerken
tels,rights and credits of...~.I..~.!..?-~..~~..,.Qt~.*.~.~.g ~g.9:..~.*.y.J.n :g;..,.!?~.~.;r.~.~.g deceased,..1 ')-
to the best of .J~~.......skill and judgJJlent in strict compliance with the laws of this Commonwealth,mind-
ful of the laws relating to inheritance taxes.
,~.).<:::,-::')~Sworn and subsCrIbed before me thlS..~..~.!...
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day of....:.-.&tt:-:::~:!:::A.D.19 ~..f.:
..............................~;,1.:1f.:~1~;:~?~.~~.
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arnmmnuwralt4 nf Jruu1lyluauia
llIlIaBhinglon mounty.BB;
BE IT REMEMBERED,That upon this l::::l.~:.:.day of 2.~..~.~?.~.!.:..
19 ~.~..,before me Rg.~.§.~Jl Ma r.J.n.Q Register for the probate of
Wills and granting Letters of Administration within and for said county,came ..
......................~.r..J a.r..~.!'-H.§.ny.g~.r.~ng J.E.O':lfl..e..s.Qn _
............................................................................................................the subscribing witnesses to the foregoing attached Will of
...............................................~.:r..y..~.~~.~P..~.~.r..~.~.p...
deceased,who,after being duly qualified according to law,depose and say:That they were present at the
execution of said Will-saw the testat...9..r.sign the same-heard )gm publish it as and for
His I W'II d T h h His .Hi s d'h..............................ast 1 an estament;t at t ey at request,ill presence,an ill t e
presence of each other,subscribed their names thereto as witnesses;and at the time of the doing thereof said
testad?r.was of sound, disposing mind,memory and understanding,to the best of the affiants'
knowledge and belief.
Sworn and Subscribed Before Me
......_.l2...2;...d.~.....~~£"'.tZ...._..
Register
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atount!}of lIu.6qington..6.6.
Register's Office D.c.t.Qb..e.r ?:.?~~A.D.,19 6..8..
Personally appeared..~.~.?!2?~~.~~.·~.?.y.~.!.'~J...~.~.~.g.~.~.~.~.~P:the subscribing witnesses to
Codicil No l under date of ~.rc.b.2.8..t.h.'-1~.6..7.to the fore-
going last will and testament of...~I'.Y..~;t}.~.!.P.~.~.r..K~.p.deceased,
dated ~~.g.~.s..~?1 st.~..~~.~.~~19 ,and on ~?:~.~.~solemn ?a.:.~.~~did say that
..............~.~X ~~.~~present,and did see and hear !;h~.y.~.p.:~~.P.J~.r.¥~.~.
deceased,the testa ~g!'therein named,sign,publish and declare the same as and for a Codicil
to ~.~.~..last will and testament,and that at the doing thereof...~~.
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was of sound disposing mind,memory and understanding,to the best of the affiant's knowledge
and belief.
..............................................~.~?!.?.and subscribedbeforem:t_~~~;:~~.
~2 Register
.._._..._-----_._----
I,ERVEN E.DIERKEN,of the City of Mbnongahela,County
of washington,Commonwealth of Pennsylvania,do make this my Will,
hereby revoking any and all ~ills at any time heretofore made by me.
FIRST:I direct that the expenses of my last illness and
funeral be paid out of my estate as soon as may be convenient after
my death.
SECOND:I give and bequeath al my tangible personal property,
together with any policies of insurance thereon,to my wife,ELIZABETH
J.DIERKEN;PROVIDED,however,that if she does not survive me for a
period of sixty (60)days,I give and bequeath said property to our
son,ROBERT E.DIERKEN,if he survives us both.
THIRD:If my wife,ELIZ~BETH J.DIERKEN,survives me,I give,
devise and bequeath to her a portion of my estate having a value equal
to fifty (sox,)per cent of the value of my adJusted gross estate as
finally determined for Federal estate tax purposes,less the value for
such purposes of all interests in property and proceeds of insurance
on my life,if any,which pass or have passed to my ife under the
other provisions of this Will or otherwise than under this Will,but
only to the extent that such interests in property and proceeds of
insurance are included in my gross estate for Federal estate tax
purposes and qualify for the marital deduction.This portion of my
estate,undiminished and unaffected by any estate or inheritance
taxes,shall be paid and transferred by my Executrix to my wife,
either in cash or in kind or partly in cash and partly in kind and,
to the extent in kind,at the values finally determined for Federal
estate tax purposes.There shall not be allocated hereto any property
(.....'"
or the proceeds of any property ~hich would not be allo ed as part
of the marital deduction.If my death and the death of my wife occur
under such circumstances that there is no sufficient evidence that
we have died otherwise than simultaneously,I direct that my ~ife
shall be presumed to have survived me.
FOURTH:All the residue of my estate,real and personal,
and wherever situate,I give,devise and bequeath to MELLON NATIONAL
BANK AND TRUST COMPANY,IN TRUST,NEVERTHELESS,for the following
uses and purposes:
(A)The Trustee shall hold,manage,invest and reinvest said
Trust Estate and shall distribute the net income (hereinafter called
"Income")and principal from time to time as follows:
(1)During the lifetime of my wife,ELIZ~BETH J.DIERKEN,
if she survives me,the Trustee shall nay the Income quarter-annually
to her or for her benefit.If such Income shall be insufficient in
the opinion of the Trustee to provide for the welfare,comfort,
recreation and support of my rife and of our daughter,EDITH DIERKEN,
the Trustee is authorized in its discretion to use from time to time
so much of the principal as it deems advisable therefor.
(2)After the death of my wife,or in the event she does
not survive me,the trust shall continue so long as my daughter,
EDITH DIERKEN,is living;the Trustee shall use so much of the Income
and principal as it deems advisable for the welfare,comfort and
support of my daughter and shall add any excess Income to principal
and invest it as such.
(3)In the event of any serious illness,accident or
other emergency affecting my son,the Trustee may use so much of the
principal as it deems advisable to assist him,but shall consult
first fith my wife if she is living.
(4)Upon the death of the survivor of my wife,my
daughter and me,the principal shall be paid to my son,ROBERT E.
DIERKEN.If he is deceased,the principal shall be divided into as
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many equal shares as he sha 1 have children then living or deceased
with issue then liVing.One share sha]l be paid to the issue of each
deceased Rrandchild of mine,per stirpes.One share shall be paid to
each aduJt grandchild.One share shall continue in trust for each
minor p:randchild,and the Income sha'.1 be added to nrincinal until
he or she attains maiority,'hen the principal shall be paid to him
or her;if said grandchiJd dies 'hile a minor,the principal shall be
paid equally to his or her survivin~children or,if there are none,
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to my son's then living issue,per stirpes.If none of my son's issue
survive to take the principal,it shall be paid to my then liVing
heirs under the then Pennsylvania intestate laws.
(B)If any beneficiary entitled to receive a share of,
principal hereunder shall be a minor,such share shall not be
distributed to him or her,but shall be retained by the Trustee until
the beneficiary attains majority,at which time the principal shall
be paid to him or her free of trust.During such minority,the Trustee
shall pay so much of the Income and principal as it deems advisable
for said minor's re fare,comfort,recreation,support and education
to the person having custody of hi or her,ithout liability on the
part of the Trustee to see to the application thereof,or shall use it
direct for such purposes,a d sha 1.add the remaining Income to
principal,to be invested as such.If such beneficiary dies while a
minor,the Trustee is authorized in its discretion to pay part or all
of his or her funeral expenses,and the remaining principal shall be
paid to the persons entitled to his or her personal estate;PROVIDED,
ho ever,.that the share thus acr.ruing to the beneficiary of any other
trust hereunder shall be added to such other trust.
(C)~he interests of the beneficiaries hereunder shall not be
subject to anticipation or to voluntary or involuntary alienation;
and the principal and Income shall be paid by the Trustee direct to or
for the use of the beneficiary entitled thereto,ithout regard to
any assignment,order,attachment or claim hatever.
(D)Income accrue on any propert received by the Trustee
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either at the inception of the trust or as an addition thereto
shall be treated as income and not as principal.Upon the death of
any beneficiary of Income,any undistributed Income then held by the
Trustee for such beneficiary shall be paid to the person or persons
for whose benefit the principal uroducing such Income is continued
in trust or to whom it is distributed under the terms hereof.
(E)In the administration of the trusts erein created,t e
~rustee shall have,in addition to and not in imitation of any
authority given to it by Ia and ithout the necessity of obtaining
the consent of any court,the follo ing p ers:to accept in distri-
bution of my estate and to retain investments and property which
are a part of my estate;to invest and reinvest the principal of
the Trust Estate in any kind of property,real or personal,or part
interest therein,without being restricted to investments which are
legal for trust funds;to give options for sales,leases and exchanges;
to borrow money;to sell,pledge,exchange or mortgage any real or
personal property;to compromise claims;to lease real or personal
property for terms exceeding five (s)years;to join in or opuose
the merger,consolidation,reorganization or readjustment of the
financial structure of any firm or corporation in ~hich the Trust
Estate may have an interest;to carry securities in the name of a
nominee;and to distribute the Trust Estate either in cash or in kind.
(F)The Trustee may resign at any time by petitioning a
court of competent 5urisdiction to designate and appoint a successor
corporate Trustee.In case of the merger or consolidation of the
Trustee,the resultant company shall become successor Trustee here-
under without notice to any party.
(G)The Trustee shall be entitled to receive annually com-
pensation for its services hereunder in accordance with its schedule
of compensation currently in effect when the services are performed,
but not in excess of such compensation as v ould be approved by a
court of competent jurisdiction.
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FIFTH:I anuoint my life,EI.IZABF.TH J.DIF.RKEN,Executrix
of this my '~ill,to serve hereunder as such Executrix without bond,
giving and granting to my Executrix the same broad pov,ers of retention,
sale,conversion,investment and management of my estate,real and
personal,as are granted to my Trustee under this Will,and in
addition the right to distribute my securities or other property in
kind to my Trustee.In case of her death,incapacity or refusal to
act or continue as my Executrix,I apnoint my son,ROBERT E.DIERKEN,
Executor,to serve hereunder as such Executor without bond,with all
the rights and powers which I heretofore gave to my wife as Executrix.
I direct that the LLON N~TIONAL BANK AND TRUST COMPANY be relieved
from giving bond as TRUSTEE hereunder.
SIXTH:I direct that all estate,inheritance and other taxes
in the nature thereof,together with any interest and penalties there-
on,becoming payable because of my death with respect to the uronerty
constituting my gross estate for death tax purposes,whether or not
such pronerty passes under this Will,shall be paid from the principal
of my residuary estate passing under Article FOURTH hereof;and no
legatee or devisee or any person haVing a beneficial interest in any
such property,whether under this ill or any Codicil thereto or
otherwise,shall at any time be required to refund any part of such
taxes.In the absolute discretion of my Executrix such taxes may be
paid immediately,or the payment of taxes on future or remainder
interests may be postponed until the time possession thereof accrues
to the beneficiaries,in hich event such taxes sha]l be paid by the
Trustee out of the nrinciual of the trust sub1ect thereto.
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IN wITNESS 1":fHEREOF,I have hereunto set my hand and seal
this 3...L-day of ~h41['1964.
~~C>C-~~
Signed,sealed,'Oubl ished and dec1ared by ERVEN E.DIERKEN
the Testator above named,as and for his wi1l in the 'Oresence of us,
who,at his request,in his 'Oresence and in the presence of each
other,have hereunto subscribed our names as itnesses hereto.
dress:~/g-L.-1 e""1i'cM,
c?~7J?Q~R.
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FIRST CODICIL
RED:JEG:NW:sll 3/3/67
&
I,ERVEN E.DIERKEN,of Monongahela,Washington
County,Pennsylvania,do hereby make the following First Codicil to
my Will dated August 21,1964.
FIRST:My wife having died,my primary concern now is
for the welfare of my daughter,EDITH DIERKEN.I therefore direct my
Trustee to consider first her needs while she is living,with no obligation
to preserve principal for remaindermen.
SECOND:I hereby change subparagraph (A)(4)of Article
FOURTH of my Will to read:
11(4)Upon the death of the survivor of my daughter and me,
the then principal shall be transferred and delivered to my son,ROBERT E.
DIERKEN,or,if he is not then living,to his then living issue per stirpes;
PROVIDED,however,that the share of any minor grandchild of mine shall
be retained in a separate trust,as follows:
(a)During my said grandchild1s minority,the Trustee
shall pay to the person having custody of him or her,without
liability on the part of the Trustee to see to the application
thereof,or may expend directly so much of the Income and
principal as it deems advisable,in view of other income of
which it has knowledge,to provide for my said grandchild's
welfare,comfortable support and education and shall add any
excess Income to principal and invest it as such.
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(b)When my said grandchild attains the age of
twenty-one (21)year s,the principal shall be paid to him
or her free of trust.In the event of his or her death during
minority,the Trustee is authorized in its discretion to pay
part or all of the funeral expenses,and the remaining princi-
pal shall be paid to my said grandchild's surviving children
equally or,if he or she has none,to my son's then living
issue per stirpe1i,the shares of my minor grandchildren to
be added to their separate trusts hereunder.
If my son has no issue living at the death of the survivor of my children,my
grandchildren and me,any remaining principal shall be paid to those persons
who would have been entitled to,my estate if I had died at that time intestate
and domiciled in Pennsylvania."
THIRD:I hereby change Article FIFTH of my Will to read:
"FIFTH:I appoint my son,ROBERT E.DIERKEN,Executor
of this my Will.In case of his inability or unwillingness to act or to continue
as Executor,I appoint MELLON NATIONAL BANK AND TRUST COMPANY
Executor.I give to my Executor the same broad powers as are granted
hereunder to my Trustee and,in addition,the right to distribute my securi-
ties or other property in kind.No bond shall be required of any fiduciary
hereunder.11
FOURTH:In all other respects I ratify and republish my said
Will as of this '/At,.day of I (I ,19 c...--t •_:;::';"''''::::'''--::;;'--____-'-<....:..=..c.o:,....'-'y"-"';.;:,S....0~_
Signed,sealed,published and declared by ERVEN E.DIERKEN,
the Testator above named,as and for the First Codicil to his Will in the presence
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of us,who,at his request,in his presence and in the presence of each other,
have hereunto subscribed our names as witnesses hereto.
Address:~S &7 (2~01/.
(jJ~!IUL.11UfJU
Address:f/$"~~.
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