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LAST WILL AND TESTAMENT of
W,LAWRENCE DENNISTON
nd now February 28,1969,it
being adjudged that said Will
has been proved,it is hereby
admitted to probate and ordered
to be recorded and Letters
Testamentary are issued to
Edna Denniston and Western
Pennsylvania National Bank in
said Testament named who was
duly qualified.
Russell Marino,Register
Ralph T.DeStefano,Esquire
Thorp,Reed and Armstrong
2900 Grant Building
Pittsburgh,Pennsylvania 15219
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WILL BOOK 107 PAGE 337
P.0.Naly Co••425 Fourth Avenue,Pittsburgh.Pa.15219
~pa~~iMffit~jfeeat\P\r~YR1~YCE···~~~O~~·~~~···P~.~~.~.!.Q~~.~~.
H.,._,._.late of ~.~P...~#.~J f.;!;.g~.~YY.J..~.;h~,Washington County,
Pennsylvania deceased,and "rant of f!jrttrrs IDrsfamrntary.
REGISTER'S OFFICE,,
WASHINGTON COUNTY,r55.:
Before the Register of Wills of Washington
EDNA DENNISTON and Richard E.Dolan,Trust Offi~er,
County,personally appeared WEGlffiRN P.ElNNS¥hV:AN.I:A NATTONAI:i BANK wli0 bemg
DENNISTON akp.W.LAU!1ENCT~
duly sworn says that...W.8SJ~J;;N ~AW.~.N~.~P..:s.NNIS.TQN..~.k§.~V.UW.REN.C.E...t late residerW'~6'f ISTON
..~.~9.J~.y.yJJJ.~,Washington County,Pennsylvania,a citizen of....Jl..,$...,A.,died
testate at...~~~.~.~.~.9.:!:.?.~.!~.~.~~.~.::on the..~.~:!:.~..day of.....X~?E~~EY.A.D.19..§.~.
at...o'clock m.,age e..~leaving an estate of the estimated value of $~~~~g~.
personality,and $"!M:l.~.nQ.w.:n realty,said real estate being located in .
The decedent's legatees and devisees are as follows:
NAME RELATIONSHIP RESIDENCE
Edna Denniston Wife R.D.#4,Finleyville
Pennsylvania
William L.Denniston Son
Children of Marian D.Hughes Deceased Daughter
Marilyn H.Hughes
Lawrence Hughes
Rebecca Ann Hughes
Testator has n9..t:married and D.9.children have been born since the
execution of the will offered for probate.
Petitioner prays that the paper writing filed herewith dated ':!.~.9.~~.{J.~.~?.
may be admitted to probate as the last Will and Testament of said decedent,and to grant Letters Testamen-
EDNA DENNISTON AND WESTERN PENNSYLVANIA NATIONAL BANKtarythereonto_.
whose postoffice address is ~.<?~}..~.~9.L ~.~.!:!:.::'.e.~~.9.~.!.~~.~.~.?.¥..~Y..~E..~.~~.:??..~.2 ... .J.G~-WESTERN PENNSYLVANIA NATIONAL BANK
Sworn:3if!.d~<;~bscrl~edbefore me thIS..BY ~:~1:..:~..
day of ./...~A.D.19 §.9.d icha d E D J.T t Off'R,g""~~.A:an,rus leer
Edna Denniston
COMMONWEALTH OF PENNSYLVANIA,}SS.
WASIDNGTON COUNTY,..
And now .F..~..Q.r.:u~r.y.~.Q.t.b.,19..§..~,comes ~.p.~~p..~~~J§.rQ~9:n9:~.?:-.s.h9.:;:.9:~.~po 1 an ,
Trust Officer,WESTERN PENNSYLVANIA NATIONAL BANK,
who being duly sworn doth depose and say that.:t.hgY will well and truly administer the goods and chat-
tels,rights and credits of ~~.~~~~.~s:.?.P..?..~.~~.~:9.~~~~.".~.t~..!deceased,
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to the best of .!-.~.~.:?:E skill and judgment in strict compliance with the laws of this Commonwealth,mind-
WESTERN PENNSYLVANIA NATIONAL BANK
By (2~Q~.j ~.~..········l~TcEarcT··~·!·an·~··..·~r~···U·fI"lcera;:..£iLJ~:.Edna Denniston
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.26th.FebruaryBEITREMEMBERED,That upon this day of .
19 ~.~before me R.Y..§.~.~.l.l ~.rJP.:.Q Register for the probate of
Wills and granting Letters of Administration within and for said county,came .
...................................B.§;.;hp.h T..~P..~..~.!:.~.f.?:g9.§.D:g §..t.~.l?h~.D ~.~Tg..+..±.Q.r._
............................................................................................................the subscribing witnesses to the foregoing attached Will of
......................................................w..lI .La.w.r..e.n..d~D.nni.s.:t.on .
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...Q.r.sign the same-heard !JJm publish it as and for
His.His.Hi s d'h..............................last WIll and Testament;that they at...request,rn presence,an rn t e
presence of each other,subscribed their names thereto as witnesses;and at the time of the doing thereof said
testat Q.r.was of sound,disposing mind,memory and understanding,to the best of the affiants'
knowledge and belief.
Sworn and Subscribed Before Me
£~AdtJjJ}9Jt~:;:.::·:·;:;J-~~..·......·..·..·R~;;;;;,..·..
LAST WILL AND TESTAMENT
I,W.LAWRENCE DENNISTON,of Washington County,Pennsylvania,do make,
publish and declare this to be my Last Will and Testament,hereby revoking
all Wills and Codicils heretofore made by me.
FIRST:I direct my Executors to pay my lawful debts and the
expenses of my last illness and funeral.
SECOND:I bequeath my entire gun collection to my grandson,
LAWRE.CE HUGHES,if he survives me.
THIRD:I bequeath all my jewelry,automobiles,clothing and
other purely personal effects,as well as all household goods,furnishings
and furniture which I may own,including any policies of insurance thereon,
to my wife,EDNA DENNISTON,if she survives me.In the event my wife fails
to survive me,I bequeath the aforedescribed property to the then living
children of my deceased daughter,.1ARIAN D.HUGHES,to be distributed in
accordance with a memorandum which will be found with my Will or among
my personal papers.
In the event no such memorandum is found or should it
be ineffective for any reason,I bequeath such aforedescribed property to the
then living children of my deceased daughter,~ARIN D.HUGHES,to be dis-
tributed among them as they shall agree among themselves,or should they
fail to agree,as my Executors,in their sole discretion,shall deem advis-
able,making such distribution among them in shares of approximately the same'
value.
In the event any suc~aforedescrihed grandchild should
then be a minor,the person having custody of such grandchild may assist in
selecting such minor's share,and I authorize my Executors to deliver such
minor's share of said property,without bond,to the persons having custody
of him or her,and the responsibility of such person shall be a complete
discharge of my Executors with regard to such minor's share of said property.
.,'."....
FOURTH:If my wife survives me,I bequeath and devise to my
wife and WESTERN PENNSYLVANIA NATIONAL BANK,in the capacity of Trustees
an amount equal to one-half (1/2)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 which pass or have passed to my wife under the provisions of this
Will or otherwise,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.In making
the computation necessary to determine such amount,the final determination
in the federal estate tax proceedings will control,however,assets dis-
tributed in kind in satisfaction of this bequest and devise shall be
distributed at their fair market values as of the date or dates of distri-
bution.This portion of my estate,undiminished and unaffected by any
death taxes,shall be held as Fund tlA".
FIFTH:All the rest,residue and remainder of my estate remain-
ing after the payment of taxes as hereinafter provided,I bequeath and devise
to my aforenamed Trustees to be held as Fund "Btl as hereinafter provided.
SIXTH:My Trustees shall hold Fund tlA"and Fund tlBtl in accordance
with the following provisions:
A-I.During the lifetime of my wife,my Trustees shall pay all
of the net income from Fund tlA"to her or for her benefit in quarter-annual
or other installments convenient to her,but at least annually.In addition,
my Trustees shall pay to my wife such sums from principal as she may from time
to time request in writing,even to the exhaustion of the trust.Further,if
my wife is for any reason unable to exercise such power of withdrawal,my
Corporate Trustee is authorized in its discretion to disburse to her or for
her benefit such sums from principal as it deems advisable for her health,
maintenance and support or for any other purpose said Trustee believes to be
in her best interest.
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2.Upon the death of my wife,any remaining principal
of Food "A"shall be transferred and delivered to or for the benefit of
such one or more persons,corporations or other organizations,including
her own estate and creditors,in such amounts and subject to such trusts,
terms and conditions as my wife may appoint by specific reference in her
Will to this general power of appointment.To the extent that my wife does
not effectively exercise this power of appointment by her Will,the remain-
ing principal shall be added to and co-mingled with Food "BII to be held or
distributed in accordance with the then applicable provisions of Fund "BII.
3.During the lifetime of my wife and while in the hands
of my Trus tee,neither the principal nor the income of Fund IIA"shall be
liable for the debts of my wife,nor shall the same be subject to seizure
or attachment by any creditor of my wife ooder any writ or proceeding at
law or in equity.
B-1.During the lifetime of my wife,my Trustees shall pay
all of the net income from Fund IIB"to my wife or for her benefit in
quarter-annual or other installments convenient to her.In addition,my
Trustees shall be authorized to distribute to or for the benefit of my wife,
so much of the principal of Fund IIB"as my Corporate Trustee,in its
sole discretion,shall deem advisable for her health,maintenance and support
provided,however,no principal shall be expended from Food IIBn to or for
the benefit of my wife ootil the principal of Food "A"has been exhausted.
Further my Trustees is authorized to distribute to or for the benefit
of my grandchildren,so much of the principal of Fund "BII as my Trustees
shall deem advisable for their health,maintenance,support and complete
education,including college,post-graduate or professional training,with
no duty to equalize such disbursements.
2.Upon the death of my wife during the period of this
trust for her benefit,or upon my death if my wife fails to survive me,
my Corporate Trustee (hereinafter referred to as my Trustee)shall hold
the principal of Fund "B"in accordance with the following provisions.
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a.One-fourth (1/4)thereof shall be held in separate
trust for my son,WILLIA~DENNISTON,and my Trustee shall pay the
net income therefrom to him or for his benefit in quarter-annual installments;
such payments to continue until that certain trust created for my grandchildren
under Paragraph b.below is divided into separate shares for such grandchildren
as provided in Paragraph b.(2),at which time the then remaining principal
of this separate trust shall be distributed to my son.In addition,during
the continuance of this trust,my Trustee shall be authorized to distribute
to or for the benefit of my son,so much of the principal thereof as my
Trustee shall deem advisable for his health,maintenance and support.Upon
the death of my son during the continuance of this trust for his benefit,or
at the death of the survivor of my wife and me in the event he is not then
living,the principal of this separate trust,as it is then constituted,shall
be added to the trust created for my grandchildren under the provisions of
Paragraph b.below to be held and/or distributed as provided therein.
b.The remaining three-fourth (3/4)of the principal
of Fund I!B"or the entire principal in the event my son is not then living,
shall be held in trust for the children of my deceased daughter,MARIAN D.HUGHES,
in accordance wi th the following provisions,and the term "grandchild"
or "grandchildren"as used in this trust shall be limited specifically and
exclusively to the children of my deceased daughter,MARIAN D.HUGHES.
(1)For so long as any Iiving grandchild of mine shall be
under the age of twenty-one (21)years,my Trustee shall hold the principal
of this Trust as one fund and shall pay all or so much of the net income
therefrom to or for the benefit of my then living grandchildren in such
amounts and proportions and at such times as my Trustee,in its sole
discretion,shall deem advisable,and any income not so distributed shall
be accumulated.In addition,my Trustee shall be authorized to pay to or
for the benefit of my grandchildren such sums from principal as it deems
advisable for their health,maintenance,support and complete education,
including college,post-graduate or professional training.My Trustee shall
be under no duty to equalize disbursements of income or principal hereunder.
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(2)As soon after the death of the survivor of my wife
and me as no living grandchild of mine shall be under the age twenty-one
(21)years,the principal of this Trust shall be divided into as many
equal shares as there are grandchildren of mine then living and grand-
children of mine then deceased but survived by then living issue.
(a)Each share created for the issue of a deceased
grandchild shall be transferred and delivered to such issue,per stirpes,
subject to the provisions of Paragraph NINTH if any beneficiary be a minor.
(b)Each share created for a living grandchild
shall be held in a separate trust,and my Trustee shall pay the net income there-
from to or for the benefit of such grandchild in installments convenient to him
or her,together with so much of the principal as my Trustee,in its sole
discretion,shall deem advisable for his or her,health,maintenance,support
and complete education including college,post-graduate or professional
training;such payments to continue for and during his or her lifetime
provided,however,that following the division of Fund "B"into separate
shares,said child shall have the right to withdraw sums from principal in
accordance with the following schedule:
(i)At any time after attaining the age of twenty-five
(25)years and prior to attaining the age of thirty (30)years,such sums
as shall not exceed one-third (1/3)of the market value of said principal
as constituted on his or her twenty-fifth (25th)birthday or on the later
division into shares;
(ii)At any time after attaining the age of thirty (30)
years and prior to attaining the age of thirty-five (35)years,such sums
as when added to any previous withdrawals,shall not exceed two-thirds (2/3)
of such market value;
(iii)At any time after attaining the age of thirty-five
(35)years,any or all remaining principal.
(c)In the event the principal of any separate trust
should be less than TEN THOUSAND ($10,000.00)DOLLARS,my Trustee shall
have the right to terminate such trust and distribute the remaining prin-
cipal to the beneficiary entitled thereto,provided,however,that such
beneficiary has then attained the age of twenty-five (25)years.
(d)If any grandchild should die before the complete
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termination of his or her separate trust,the remaining principal thereof
shall be distributed to such grandchild's surviving issue,per stirpes,
subject to the minority provisions of Paragraph NINTH or in default of issue
then surviving such deceased grandchild,the same shall be distributed to my
other then living grandchildren in equal shares,provided,however,any
share thus accruing to any grandchild for whom a separate trust is still
in existence,shall be added to such separate trust to be held as though an
original part thereof.
(e)In the event any separate trust created for a
grandchild of mine is still in existence upon the twenty-first (21st)
anniversary of the date of the death of the last to die among myself,my
wife,EDNA DENNISTON,and all of my issue who were in being at the time of
my death such trust shall thereupon terminate and my Trustee shall distribute
the principal to the income beneficiary thereof.
C.While in the hands of my Trustees,neither the prin-
cipal nor the income of Fund "B"shall be liable for the debts of any
beneficiary nor shall the same be subject to seizure or attachment by
any creditor of any beneficiary under any writ or proceeding at law or
in equity,and no beneficiary shall have any power to sell,assign,encumber
or in any manner to anticipate or dispose of his or her interest in Fund liB"
or in the income produced thereby.
D.Upon the death of any income beneficiary of Fund "B",
any accrued or undistributed income shall be held and accounted for,or
distributed,in the same manner as if it had been received and accrued
after the beneficiary's death.
E.My Corporate Trustee shall be entitled to receive
annual compensation for its services hereunder in accordance with its
schedule of compensation currently in effect when the services are performed.
SEVENTH:My fiduciaries,whether in the nature of Executor,Trustee
or Guardian of property passing to a minor,shall have the following
powers in addition to those vested in them by law,exercisable without court
approval:
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A.To retain any or all of the assets of my estate or any
trust created hereunder,without any duty of diversification,specifically
including any stock in or obligations of WESTERN PENNSYLVANIA NATIONAL BANK
I may own at my death.
B.To invest and reinvest in stocks,bonds,mortgages,
securities or other property,real or personal,specifically including any
common trust fund,without being limited by any statute relating to invest-
ments by fiduciaries.
C.To sell at public or private sale,to exchange or to
lease for any period of time,any real or personal property,and to give
options for such sales,exchanges or leases,for such prices and upon such
terms or conditions as my fiduciaries deem advisable.
Notwithstanding the forgoing provisions,it is
my desire,although not my direction,that my fiduciaries retain so much
of my real estate as shall be necessary to provide at least a TWO HUNDRED
(200)foot property line in all directions from all buildings on said
land at the time of my death,together with water rights in connection
therewith and a FIFTY (50)foot right of way for egress and ingress,for and
until the death of my wife or such time as my youngest then living grandchild
attains the age of twenty-one (21)years,whichever event shall last occur,
after which time such property shall be allocated to the share of whichever
grandchild for whom a trust was created is most desirous of acquiring said
property.In the event more than one .said grandchild desires said property
it shall be allocated to the share of the highest bidder among them and
such real estate shall be valued at that amount.In the event such allocation
results in unequal trusts being created for each of my grandchildren,the
grandchild receiving said property shall contrihute to the trusts created
for my other grandchildren such an amount in cash as shall equalize all trusts.
My fiduciaries shall be without liability as a result of such retention.
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D.To distribute my estate or any trust property to the
beneficiary entitled thereto in cash or in kind,or artly in each,such
allocation of assets to be in the sole discretion of my fiduciaries.
E.To register investments in the name of my Trustee or
in the name of a nominee,provided that the records of said Trustee indicate
clearly the trust to which such investments belong.
F.To borrow money for purposes of my estate or any trust
hereunder either from the banking department of my Corporate Trustee or from
others,or from any separate trust hereunder,and to mortgage or pledge any
part of my estate or any trust property as collateral therefor.
G.To vote by person or proxy any investments owned by my
estate or any trust,and to exercise or sell any rights of subscription or
other rights in respect thereof;and to participate in any liquidation,
reorganization or merger of any corporation whose investments are so held.
H.To compromise any claim or controversy affecting my
estate or any trust hereunder.
I.To retain in kind any business or business interest
owned by me at my death,whether in the nature of a proprietorship,partner-
ship or corporation,and to continue to operate such business during the
administration of my estate or any trust thereafter for so long as my fidu-
ciaries deem advisable,without any liability for loss or depreciation which
may arise by reason of such retention.My fiduciaries may participate in
the conduct of any business with respect to its management and affairs in the
same manner as an individual could do as owner or stockholder of such business,
including but not limited to (1)the voting of stock and the determination of
all questions of policy;(2)the participation in any incorporation,
reorganization,merger,consolidation,recapitalization,liquidation,sale or
dissolution of such business;(3)the investment of additional capital in,
subscription to or purchase of additional stock or securities of,or the
making of secured,unsecured or subordinated loans to such business,pledging
the assets of my estate or any trust as collateral therefor;(4)the election,
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employment or retention of directors,officers,employees or agents of such
business,and the compensation of such persons for services performed,In
addition to the normal compensation of my fiduciaries for services performed
in the administration of my estate and any trust hereunder,my fiduciaries
shall be entitled to additional compensation for services performed in the
management and operation of any business or business interest.
J.As between my Trustees,my Corporate Trustee shall
perform all ministerial and administrative duties,including the keeping
of books and records and acting as custodian of the trust property.
EIGHTH:I direct that all Federal,State and other death taxes
payable because of my death,with respect to the property forming my gross
estate for tax purposes,whether or not passing under this Will,including
any interest or penalty imposed in connection with such tax,be paid out of
the assets of my residuary estate without requiring any apportionment,reimburse-
ment or contribution by any beneficiary under this Will or any Codicil thereto.
In the absolute discretion of my Executor,death 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 beneficiary,in which event such
taxes shall be paid out of the principal of the trust subject thereto.
NINTH:I appoint WESTERN PENNSYLVANIA NATIONAL BANK,Guardian
of any property,other than tangible personal property,which passes to a
minor,either under this Will or otherwise and with respect to which I am
authorized to appoint a guardian and have not otherwise specifically done
so.Until the minor reaches majority,the Guardian may,in its discretion,
accumulate the whole or any part of the income from such minor's property,
or may distribute or apply the whole or any part of the income and prin-
cipal from such minor's property to or for the support,welfare and education
of such minor either by making payment directly to the minor or to his or
her parent,guardian or other legal representative,without liability on
the part of WESTERN PENNSYLVANIA NATIONAL BANK to see to the application
of such payments.
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"f"
Notwithstanding any of the forgoing provisions,in the
event any person,other than my wife,entitled to share in a distribution
under the terms of this Will or for whom a trust is created hereunder
becomes an adverse party in any proceeding to contest the probate of said
Will or any provisions contained herein,such person shall forfeit his or
•f"
her entire interest in any distribution or trust hereunder and all provisions
in this Will in favor of such person shall be void and have the same effect
as though he or she had predeceased me.
TENTH:I name and appoint my wife,EDNA DENNISTON,and WESTERN
PENNSYLVANIA NATIO AL BANK,Pittsburgh,Pennsylvania,as Executors of and
Trustees under this,my Will.Should my wife at any time be unwilling or
unable to act as Co-Executor or Co-Trustee hereunder,WESTERN PENNSYLVANIA
NATIONAL BANK shall serve alone.My fiduciaries shall not be required to
furnish any bond or other security in any jurisdiction in which they shall
serve.
IN WITNESS WHEREOF,I have hereunto set my hand and seal this
,19lz!L:
~>/~'~JA~SEAL)
W.Lawrence Denniston
SIGNED,SEALED,PUBLISHED and DECLARED by the above named Testator,
W.LAWRENCE DENNISTON,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 subscribed our names as witnesses.
Address
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