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HomeMy WebLinkAbout1828_BEHM_MARY_69_75_04-05-1946_04-23-1946• LAST wILl~;\N'Jl TBSTA!I'~NT OF HARY l~.JV"HH. And now April 23,1946,It teing adjudged that said Will and Coulcils have been duly proved, they are hereby admitted to probat~ and ordered to be recorded,and Le~ters Tes~mentary are issued to Vic tor D.Behm in saia testament named,who was duly qualified. Leo L.Con sic.ine , Register r~ ,- .,._, • t, Will Rook 69 Page "5 ;.e. Applirutiott for 'rnbatr of mill nf--=M::..:.a=-ry~E:..:.....----=:B::..=.ehm=-=-_ _____late of West Bethlehem To~w~n~s~h~i~,Washington County, l'ennsylvania deceased,and <IDnmt of J[dtcrs '([CSlulltClltnr\;j_ REGISTER'S OFFICE, WASHINGTON COUNTY,SS.: Before the Register of Wills of Washington C0unty,personally appeared Vi c tor D._-Be;.l..UJU--who being duly sworn says that ~M"*'a""'r~Y_E.Be..h.nL___late resident of ____________;,Washington COUJ1ty,Pennsylvania a citizen of Pennsylvaei 8,died at 12 :45 o'clock a.m.,on the 5th day of__----=A'.l::p~r_=i=_=l~__'A.D.19~ leav;ng an estate of the estimated valup-of $~OOO•...,O""'O""----__personalty,and $1 5,000.00 realty,said real estate being located in Washington County,penes~rlvael a. The decedent's legatees and devisees are as follows: pa. Pa. NAME I RELATIONSHIP RESIDENCE;--_._--------_._-~-_._-~--~_..-----------.._-_._------_.~-.......~------ Husband Marianna R.D.2, Son Marianna,R.D.2, ery,Zollarsville,pa.1 .- ------_._- -- II...-- Victor D.Behm Victor B.Behm Lutheran Cemet _._._--------- -------...------ Testator has_--'n~o=__><t'_____married and___n_o.children have been born since the execution of the will offered for probate. Petitioner prays that tbe.pa/!}::,writing.,filed herewith .dated November 30,1936,andl~L ~4~anu November 10,1944, -.C...Odicils dated Alll.gUSl;may be admitted to probate as the last Will and Testament of said decedent,and to grant Letters Testmentary thereon to Vic to rD.Behm ___________whose postoffice address is _~M'-"'a""r..:!.i~an=n=a~,~R,;..L.._~D~.~2~,I__"'-P~acJI.'-------- Sworn to and subscribed before me this_l.r..J..L6t.1<.hu.._) day of Apr il A.D.19 46 ~ ;£/~~'~'.~R.==--) Register ~J' COMMONWEALTH OF PENNSYLVA~IA, WASHINGTON COUNTY,~SS.: And now April 16,,19~,comes Victor De_B_e_hm _ who being duly sworn doth depose and say that he,_will well and truly administer the good::;and chat- tels,rights and credits of Mary E.Behm ,deceased, to the best ofhis skill and judgment in strict compliance with the laws of this Commonwealth, mindful of the laws relating to inheritance taxes. Sworn and subscribed before me this 16th day of April A.D.19~_ ;z;:~~ Register v~J~ •PI.......a !a i I$:Iom I8~I..am'" &! \ r-i ClJ~"~."....'"~.'\'"0 ·0Q.1il ....<~...-'.,<l !J_c.,W ~"/~..0 ....._~•.p •'<l~ ._~~,,"_'0 "a ~.'"'.,:."..0'\l )0)Q)...A c'Q\.w'd ;i ~:§.',\'l1 ~I 1 1 <'1~".../..:t;:•~• I"~../..,'"..->~~rn I·:J ClJ ~0 H a~~0j~".~H ;0 '"<>8~i£: ..• •II • MY TILL. ,Mary I~.Behln or :lRR Rast Haiden street,Washi.n.v.;t on ,Washjn~ton County,pennsylvania,hfling of.sonnd minrl.and mePloty,(to mal<e nub- lish and declate this my last will ana testament,herehy revokin any and all wi.lls hy Me hereto:fore made. Item.1.I direct that all my just debts and :funeral ex- rences,together with all inheritance tax ann other taxes be con- sidered administration expenses and all he paid as soon a:fter my decease as may be. Item 2.All the rest,resid.ue ancl remainder o:f my estate, real,nersonal and mixecl,o:f which I ma.v die seized,wheresoever and Whatsoever,'1hicJ1 I may own or have the ri1!;ht to dispose o:f at time o:f my decease,I ~ive,devise and bequeath to my trustee who is to be selected hy my executor and the JUrl.~e of the Ornl1ans Court of this county,the later to anpoint and have control of said trus tee anci all his work,in trust,NP.VRHTHH:IJF.SS for the :followinr.;uses and purposes: \a)'that this halance of my estate be divided into two equal parts. ~b)To pay the net income arisin~:from the first one-half or my estate,semi-annually,to my husband,Victor Behm for and during his natural lifetime and at his death the corrlUs and unused income,I give,devise ancl bequeath to my son,Vl.ctor.Bellm. (c)To pay the net income arising frOM the se.ond one-half of the balance of my estate,semi-annually,to my son,Vitcor Behm for and during the life or thi.s trlH~t,that is to say when 1 ictor arrives at the age of twanty-one years of a~e the trustee shall pay to him the one-:fourth 'Part of'the corpus of his share o:f this trust absolutely;at the a~e of twenty-five years of a~e he shall receive a second one-:fourth 'Part,and at the a~e of thirty-five years he shall receive the rePlai~ing part or the last two-fourths absolutely and the trust as to My son shall COMe to an end.Shoul(l my son • - 2 - •• Victor not have enough money :for the necessary ann.proper educa- tion o:f himsel:f then in the best judgment of'the trustee the truste is directed to withdraw from Victors share of'the estate aml pay out f'or his ectucation enou~h money :from Victor's share. (d)The trustee shall hold,and manage the property as a trust rund;invest and reinvest the same in such loans,stocks, bonds,securities and real estate as it may deen ~roper and suita- ble :for the investment of'trust funds without hein~restricted to at class or investJnents which a trustee is or may hereaf'ter be permit- ted by law to make.The trustee is granted :full power to retain, sell,lease,mortgage,exchan~e or otherwise dis~ose o:f any or all of the property in the trust f'und as he may deeM proper.He may employ counsel and other a~ents in the dischar~e of'his duties and determine and pay to them reasonable compensation. (3)No title in this trust estate hereby created or in the income accruing there:from or in its aCCUMulations shall vest in any benet'iciary,aml no benef'iciary shall have the rip;ht or powe to transfer,aSSign,anticipate or encumher his interpst in said estate during the life of this trust,or encumber his interest in said estate or the income therefrom prior to the actual distributi n thereof by said trustee to said bene:ficiary,and neither the in- come nor principal shall be liable in any manner in the possession of the trustee :for the debts,contracts or engageMents of any of the beneficiartes.No beneficiary shall be permitted to appoint any agent or attorney in :fact,except as may he specifically per,- mitted by the trustee,to collect or receive such income or prin- cipal,i:f such agent or attorney in :fact has directly or indirect- ly advanced any o:f such income or principal to such lJenef'iciary. LASTLY.I hereby nominate ancl appoint my husl)ancl Victor Behem as the executor of this roy last will ancl testament,he to settle the estate and pay over the l)ulance thereo:f to the trustee. • -~- •• I WITNESS WHERROF,I,Mary "Pl.Behm,hereunto set my hand and seal to this my last will and testament,this the day of--- November,A.D.,lH1fl. __~~~(SF,AL) Signed,sealed,pUhlished amt rleclared hy JIary E.Rehm, the testator above named,as and for her last will and testament in the presence of us,who in her presence and in the presence of each other,have hereunto set our names as witness. •'",•~.• CODICIL. I,MARY E.BERM,of the City of Washington, Washington County,Pennsylvania,do make this my codicil, hereby confirming my last will made on November , 1936,so far as this codocil is consistent therewith,and do hereby state: 1.I bequeath to my son,Victor Behm,all my jewelry and my Packard automobile,or any other automobile of which I may die possessed. 2.I bequeath to the Washington Union Trust Company,of Washington,Pennsylvania,or trustee appointed by the Orphans Court of Washington County,Pennsylvania, and their successors,the sum of Three Hundred Dollars ($300.00),in trust,nevertheless,for the following uses and purposes:The net income of said fund shall be used for the perpetual care of the Barnard and White lots in the Lutheran cemetery at or near the Borough of Marianna, Washington County,Pennsylvania. 3.I direct the trustee to be appointed under the provisions of my said will to consult with,and if possible employ,my husband,Victor D.Behm,in the sale and management of my real estate. WITNESS my hand and seal this 13th day of August in the year 1941. ~r;.tJdnn;,(SEAL) Signed,sealed,published,and declared by the above -1- e-,..~,4..-"• named MARY E.BEHM as and for a codicil to her last will and testament,in the presence of us,who have hereunto subscribed our names at her request as witnesses thereto in the presence of the said testatrix -2- •.,).,',..,.•• •.J ,,~ ••• 8I:Y0 0S~0p:l :t>t:J --m ~H0t-i H•t;rj 0 t-i•H)~8tJj0p,t;rj ~(1)P::Ii ~Hm~0~ •I.• CODICIL. I,MARY E.BERM,of West Bethlehem Township, Washington County,Pennsylvania,do make this my codicil, hereby confirming my last will made on November Jo ,1936, and the codicil made on or about August 13,1941,so far as this codicil is consistent therewith,and do hereby state: 1.I hereby revoke the second paragraph of said codicil,and lieu thereof make the provisions below set out. 2.My father,Samuel B.Barnard,having by his will set aside the sum of $150.00 for the upkeep of the Barnard lot,and my mother,Mary L.Barnard,having by her will set aside the further sum of $150.00 for the upkeep of the White lot,both of ~hlch lots are in the Lutheran cemetery,at or near Zollarsville,Washington County,Pennsylvania,and the said sums aggregating the sum of $300.00 having come into my hands,I direct that the sum of $300.00,representing the two saie sums,be paid out of the first moneys coming into the possession of my personal representative or representatives from my estate to the person or persons,association,or corporation legally entitled to receive the same for the benefit of said cemetery and for the purposes aforesaid,or for want thereof to the Washington Union Trust Company of Washington, Pennsylvania,trustee,for said purposes,or such other trustee as may be legally appointed,subject always to the action of the Orphans Court of washington County,Pennsylvania,if the same be required by the wills aforesaid or either of them. WITNESS my hand and seal this lOth day of November in the year 1944. ~~~'(SEAL) Signed,sealed,published,and declared by the above -1- •J • named Mary E.Behm as and for a codicil to her last will and testament,in the presence of us,who have hereunto subscribed our names at her request as witnesses thereto,in the presence of the said testatrix and of each other. = -2- Register's Office...................JcP.'J1y~A.D.,19 ....ir.6 • pers.o~allY ap;eared mQ.r~.Q.~E...J>~.r:r,...M3~~~:~~~.~.'.the subscribing witnesses to COdICIl No __._____._under date oL.._g__.._.__.___to the fore- going last will and testament of.._..M.ar_y.__E._.Be.hm__.._.__ _ _ _ _ _deceasea, oated NQ.Y..~~b..~:r ._._..._19__J.~.:_,and on __J::l.~.~__..solemn _..~.a..~l:t ._..did say that ....she._._.was present,and did see and hear __w.a::ry E__.f?~.t.mL . deceased,the testa.t.ri.X_._.....therein named,sign,seal,publish and declare the same as ~md for a Codicil to _b,~.r._..___..last will and testament,and that at the doing thereof....__~~~.~. was of sound disposing mind,memory and understan belief. ....._.Qwo.rn._ _ __.__and subscribed before me the day and year aforesaid. .£...;r:.~~~Z Register ,to the best of the affiant's knowlEdge and QIOUltt!}of lIu!i4iltBtOltf !i!i. Register's office ~I ..?A.D.,19 i ..(p Personally appeared ~~.D.IJ.~..~.I,&;t·:('J3.r3..the subscribing witnesses to Codicil No ~under date of ~ll:P...t:!I ..t.':I..'/to the fore- g::>ing last will and testament oL ~.:.~~deceased, dated ~I ..f ..3...~19 ,and on..~solemn.~~did say that ..........~~.resent,and did see and hear ..~~.13.:. deceased,the testa..therein named,sign,seal,publish and declare the same as and for a Coriicil to ~.last will and testament,and that at the doing thereOf..~:. was of sound disposing mind,memory and understanding,to the best of the affiant's knowledge and belief. • ............~~and subscribed before me the day and year aforesaid. ~/r-p~ ..........._-----__-----_. Register /,--d1/.J~. /7,.'"~./k~;..,_tl.~/~./~ <tInmmnulUpaltq nf 'puusyluania Eila1l~i"!ltou <!tonntg.1111: BE IT REMEMBE~,That upon this I_L .._ 19.-£'6,before me---X~-.---/--------.------.. ___...c1ay Of__..~_ _.- .~i..egister for the Probate of \iVills and gr~1ting.~rs of J\dministration wJhin a~for J'id cou~ty,came ..-_ .----2r/.---if---.-tA--~--.~--~------~------/J7z-.---/~-. ----------------------------------------.--.----------.the su scribing witnesses to the foregoing attached V-lill of~;~:~::~~~~:~~~~:~I:;i~,4mg-to~:,::p~~:-=~:;:-;::t~:;~:::--::::~~~~~~----.- execu,;on 01 said Will-saw the testa~--------Sign the same-hmd:_k4ubliSh it as and 10'~last\!\Till and Testament;that they aL--~~qUest,in--~_presence,and in the presence of each other,subscribed their names thereto as witne';ses;and at the time of the doing thereof said testat~was of sound,disposing mind,memory a;;ld understanding,to the best of the affiants' knowledge and belief. ft __LQ_~_ ---0~_2J2__~.