HomeMy WebLinkAbout1853_BRADY_FREEMAN_70_161_12-07-1946_01-28-1947~~~
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Application for 'rnhatr of mill of Freeman B.Brady,
____--llate of the Ci ty of Wa_s-h-i-n...:..:gLt-o-n=.L,-------,Washington County,
l'ennsylvania deceased,and Qi!lrnnf of 3letters '(Lc5htt ll'ltfnr!J.
HEGISTER'8 OFFICE,
WASHINGTON COUNTY,~88.:
Before the Register of Wills of Washington
County,personally appeared William L.Cleaves=-..:...~-----------who being
duly sworn says that ::...F-=-reeman B_!._Bra,--=d:.oLy Iate resident of
_--!W-!....:a::.:s~h=i~n:b.g__.:=t~o~n~__,Washington COU:1ty,Pl'nnsylvania a citizen ofUni ted States died
at 8:45 o'clock fj m.,on the 7th day of December,A D.19~
leaving an estate of the estimated valu<-of $__-.2Q~900~.(~}O-=---__personalty,and $_n_o _
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The decedent's legatees and devisees are as follows:
---------------------_._-,-'----------
NAME
--------------
RELATIONSHIP RESIDENCE
None
Nancy A.Young,
Mur1eI deB.Barnes
Washington Hospital
_S~_s_te--'r=---__-:w:..:-a---,-sh-=--:=:i,:-:n:.s<g7t--,o-=-n~,~p:-a~._~
New York,New York
Washington,Pat
The Good Samaritan Hospital,
Frederick R.Chase,
~~~u~of Thomas G.Brady,deceased
brother,living at death of life
tenant,
Bruce Young,if Ii inr at death of
I11e tenant;1£deceased,then to
wife and children,
None
None
Brother
Nephew
is
Lebanon,Pat
New York,N.Y.
Washington,Pat
Niece,
_____children have been born since the
w~<~
(A::;SlS ",a.nt)'1''''''3'15 Oflicer "Girard 'rrust CompanyVtc:-C ~.::.J.,..I,
Marion Hoffer,if living at death 0
-Tlfe tenant;1£dece~a,then to
her issue,._
Russell Hoffer,if living at death fNephewlife.tenant;lf deceased1 then to~~~_
h1S 1SSue,
Testator has not married an no
execution of the will offered for probate.
Petitioner prays that the paper writing filed herewith dated November 20,1944,
--------__may be admitted to probate as the last Will and Testament of said
decedent,and to grant Letters Testmentary thereon to Girard 'l'rust Company.,
----whose postoffice address is Broad &Chestnut Streets,
Phil~delphia 2,Pat ~
Sworn to a d subscribed before me this 3Jo -_)
-4~~~~~L-l-A.D.19_1~
Regis:er -)
I COMMONWEALTH OF PENNSYLVAmA,I SS.
IVASHINGTON&:Y,(..
A d ..30 r::!19 ,/0 Ci':~d)Tr.t:";T Cmi\PAliY.n now ,~,comes
who being duly sworn doth depos~8ell
tels,rights and credits of .~~'deceased,
to the best of~skill and judgment in strict compliance with th laws of this Commonwealth,
mindful of the laws relating to inheritance taxes.
sW:2Yand subscribed before me this 3d,d!_
day of ~.A.D.19~~~""-£.<:.....JZ.--'<-~-
Register
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•(Form4)
County of Philadelphia,ss.
Register's Office,p.~~.·)9.194 6
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~~~~~a~~~~~;;~~;~;~~~i~~;~;t
W<1\an T~en')'f :~Cf.R7...
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...................................................£.
deceased,~wil1 well and truly administer the goods and chattels,rights and credits of said
deceased,according to law,and that...d will diligently and faithfully regard
:::i~id::::;~co;~:;~=et:.,OVi:ii~ela:y::ti~~;:i:ceT::.~.a:9~e_t
d./~-~J d b 'b d ~..;;.:;;~:.K~,.,:?.!..:'..p.~!...~~,'.p.~".~!~.................~an su scn e ~C-"'-
before me,the date:bove,and letters testamentary j;~.~~
anted unto ~~.
L:1-4 11/4/44
I,FREEMAN B.BRADY,hereby revoke all former wills by me made and
declare this to be my last will and testament:
FIR S T
•
I wish to be buried in the cemetery at Washington,Pennsylvania,and
to have my grave marked with a plain,inexpensive stone marker.
SEC 0 N D
I give to my sister,Nancy A.Young (now residing at Washington,Penn-
sylvania),all my jewelry,clothing,automobiles,books,pictures,
silverware,furniture,and other articles of personal and household
use or ornament.
T H I R D
I give the sum of one thousand dollars to my godchild,Muriel deB.
Barnes (daughter of o.Edwin Barnes of New York,New York),if living
at my death.
FOURTH
The residue of my estate,real and personal,I give,devise,and be-
queath to my trustee hereunder IN TRUST to keep it invested and to
distribute the net income therefrom and the principal thereof as
follows:
I.If my sister,Nancy A.Young,shall be living at my
death,thereafter until her death:
1.The net income shall be paid to her;and
2.As much of the principal as my trustee
shall from time to time consider necessary
for her comfort and support shall be either
paid to her or else applied by my trustee
for those purposes.
II.Upon the death of my sister,or upon my death if she
shall not survive me,the then remaining principal of my
residuary estate shall be distributed as follows:
1.The sum of seven thousand dollars shall be
paid to The Washington Hospital,of washington,
pennsylvania;
2.The sum of seven thousand dollars shall be
paid to The Good Samaritan Hospital,of
Lebanon,Pennsylvania;
3.The sum of six thousand dollars shall be
paid to Frederick R.Chase (now residing at
the Hotel Winslow,New York,New York),if
then living;
4.The sum of three thousand dollars shall be
divided,per stirpes,among such of the
issue of my brother,Thomas G.Brady,as
shall then be living;
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5.The sum of five thousand dollars
a.Shall be paid to my nephew,Bruce Young,
(now residing at Washington,pennsylvania)
if then living,or,if then dead,
b.Shall be divided in equal shares among
such of the following group,namely --
his wife and children --as shall then
be living (the share of his wife to be
no greater than that of each child);
6.The sum of two thousand dollars
a.Shall be paid to my niece,Marion Hoffer,
if then living,or,if then dead,
b.Shall be divided,per stirpes,among
such of her issue as shall then be liv-
ing;
7.The sum of two thousand dollars
a.Shall be paid to my nephew,Russell
Hoffer,if then living,or,if then dead,
b.Shall be divided,per stirpes,among
such of his issue as shall then be liv-
ing;and
8.The balance of such principal
a.Shall be paid to my nephew,Bruce Young,
if then living,or,if then dead,
b.Shall be divided in equal shares among
such of the following group,namely --
his wife and children --as shall then
be living (the share of his wife to be
no greater than that of each child).
F 1FT H
The interests of the beneficiaries under this my will shall not be
subject to or liable for their anticipations,assignments,sales,
pledges,debts,contracts,engagements or liabilities or subject to
attachment,execution or sequestration under any legal,equitable
or other process.
S I X T H
All estate and succession taxes,and other taxes in the nature there-
of,that may become payable by reason of my death with respect to the
property comprising my gross estate for tax purposes --whether or
not such property passes under this my will --shall be paid out of
the principal of my general estate (i.e.,the estate subject to admini-
stration by my executor);and no person having a beneficial interest
in any such property shall at any time be required to bear any part
of such taxes.I authorize my executor and trustee to pay all such
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taxes on remainder interests at such time or times as it,in its un-
controlled discretion,may consider advisable.
S EVE NTH
My executor and trustee,and its successors,shall have the following
powers in addition to,and not in limitation of,those vested in it
by law and those conferred by other provisions of this my will:
I.To retain any or all property,real and personal,
that I may own at the time of my death as long as
my executor or trustee,in its uncontrolled dis-
cretion,may consider it advisable to do so;
II.To invest,reinvest,and keep invested the principal
of my estate and the trusts hereunder,as well as
all accumulations of income,in such investments
and securities --including but not limited to,
common and preferred stocks of corporations and parti-
cipations in any common trust fund operated in accord-
ance with the laws of the Commonwealth of Pennsylvania
--as my executor or trustee may consider prudent,
without restriction to legal investments for trustees;
III.To purchase investments at a premium or at a dis-
count,to deduct such premiums from principal or in-
come,or partly from each,and to credit such discounts
to principal or income,or partly to each,as my exe-
cutor or trustee,in its uncontrolled discretion,may
consider proper;
IV.To subscribe for stock and bond privileges,to give
proxies,and to join in any merger,reorganization or
voting trust plan affecting investments that may be a
part of my estate or of any trust hereunder;
V.To treat stock and extraordinary dividends and proceeds
of sales of rights to subscribe for stock either as
principal or as income,or partly each,as my executor
or trustee,in its uncontrolled discretion,may consider
proper;
VI.To lease any real estate that may at any time form part
of my est~te or of any trust hereunder upon such terms
and conditions and for such periods of time --even ex-
tending beyond the duration of the trusts hereunder --
as my executor or trustee,in its uncontrolled discretion,
may consider advisable;
VII.To sell,for the purpose of paying my debts or making
distribution or for any other purpose in connection with
the administration of my estate or of any trust hereunder,
any or all property,real and personal,that may at any
time form part of my estate or of any trust hereunder,
either at public or private sale,to such persons,for
such prices,and on such terms as my executor or trustee
may consider proper,to execute and deliver to the pur-
chasers thereof such deeds,assignments and other instru-
ments as may be appropriate to transfer title to any
such property,free and discharged of all trusts and with-
out liability on the purchasers to see to the application
of the purchase money,to make and unite in any deeds to
partition or square real estate,and to impose restrictions
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thereon in connection with the development or sale
thereof;
VIII.To cause investments forming part of my estate or of any
trust hereunder to be registered in the name of the
nominee or nominees of my executor or trustee if it,in
its uncontrolled discretion,should consider it advis-
able to do so;
IX.To determine whether any expenditure --including,but
not limited to,executor's and trustee's compensation and
any other administration expense --should be charged
against principal or income,or partly against each
(every such determination to be conclusive on all
parties);
X.To apply all sums to which my sister,Nancy A.Young,
may be entitled under article fourth hereof for her
comfort and support should she,by reason of age,ill-
ness,or any other condition,in the uncontrolled dis-
cretion of my trustee,be incapable of receipting for
or properly disbursing such sums;and
XI.To make distribution hereunder either in cash or in
kind at valuations to be finally fixed by my executor
or trustee.
E I GH T H
I appoint GIRARD TRUST COMPANY,of Philadelphia,Pennsylvania,as
executor of and trustee under this my will;and I direct that it
shall not be required to file a bond in any jurisdiction.
l:I NTH
I direct that the compensation of Girard Trust Company for its services
as executor of and trustee under this my will shall be calculated in
accordance with its standard schedules of fees as adopted from time
to time by its Board of Managers.I further direct that the annual
fees for its services as trustee shall be charged against principal.
IN WITNESS WHEREOF I have hereunto set my hand and seal
this ~day of November,1944-
..
Signed,sealed,published and
declared by FREEMAN B.BRADY,
the testator above named,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,ha e hereunto subscribed
~nam as w~ses thereto::
/.....,rI--...-;;.~-+-----=-..:..::;.IC+----Residence
--::'-L..::::3:"'::::::::~~~~~-z:::f:.:::::""'_____Residenc e
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~~3 1dJ~lt,)t?u
./I
Register
,....--------~-.._~_----_~~_..------tatt of ~tnns!'lbania,
~aa.bing'ton €ount,!,
tcO J.ohn P.Boland..Clf.q.,of...P.h.i..1A..Q.elph.i.8 J Penne.•
<lDrttting:
rou are lIneby authorized and empowered to cause to appear before YOll....~..•~~.r~?:':...Y.t:J-.~lier
.~.~.~~.~.~.~p.?~~.e.n._ _ __ _.._tlre subscribing
witnesses to the instrument of writing hereto atlached.purporting to be tbe lalit will and testamenl
of __~.~~.~~~JL.~.~.._.!?r.~.c1Y ________....deceased
and on__.._..:t)J~lr oatll or affirmation to propound to th~m __the
following interrogalories:
FIRST.Are you a subscribing witness to th is paper (exhibiting it),purporting to be the lasl
will and te!;lament of _.~:r..~~~.~.~~.!~.r..t:?gy __deceased?
SECOSD.Did YOLI sre iilp testaP..r sigll hlR>name at the end thereof?---
THIRD.Did you hear..__him.declare it to be _bJ.$..last will and testament?
FOURTH.Do yOll brlieve at the time of so doillg _..P-:~was of sound mind and memory?
FIFTH.Was it aL_~~.~request and in AtfA presence that yOll subscribed your name
as a witness thereto?
And having so done.you are to reduce the answers of the sllid
witness..f?f?..to writing lllld certify the same under your hand ~~~;....-..,.~
seal,and forward the same to the Register's office.at Washingtoll,
Pennsylvania.
Given under my hand alld ual of said office,at Wa.'ihinglon,
this 2.3 day of-De-c A.D.1~.
€O.....Le.o L.Considine
'ltountl?,Jl:)ennspIUania:
esq.,l1\egistet of GJUllSbj,nlJton
Pursuant to the authority vested in me by your commission,to me directed,/01'tile lakwy uf
testimony in the matter of the probate of a certain instrument of writing,purporting to be the
last will and testament of ~.!.~.~~~.~~.~E.~.~.~y __.. .______ _ _
deceased,I,..J.ohn._EA .Bolend ____ __.do hereby certify that I caused
.Y'!..~.._.~_~'l~.~t __.~.~.~~.er ~~~_~_~_~_...P..~~~_~.~_.___.______._.._____.__..
the witnesses in said commission named,to appear before me at..._P.hiJ{lJl~l.J?-hi~.--.J.--J?~-..
on _ ...___.__ ____192_._,and having exhibited to.._ _.._.them._ _.the
said instrument of writing,did propound to..__._~.~~~_.the interrogatories annexed to said
commission,to which the said witness having b een\first duly sworn,made answer as follows:
...._ - -anSLvers
1'0 the first interrogatory:
A/1._----------------------.--_..-._--_...._--,,-~-----_..-.----------------._-"._-----_.-----
1'0 the fourth interrQgatory:
..__.._.._.._.__.__-__~--_._.___.__ _ _.._.-.-.-
To the fifth interrogatory:
............_ _..__.__.._ _ _.._answers
'1'0 the first interrogatory:
......-.-.---.--d.------- _..__..__.
To the fourth interrogatory:
...._-_..__.__._---_._._.._..~..__._._--___--.__----.__..
To the fifth interrogatory:
7~·__---------------.----------.._._--,------.--_-.-.-----___.,.-.------_..
{Witness SiJ"n}Here
~..~...~_...~
And I 0 fur er certify that the foregoing ((nswers of the said witnesS$$to the said interroga-
tories were by me reduced to writing in T--__._presence and were by said witnesso.,s signed
berore me the day and year aforesaid.
--)-..
same to be recorded as such.
Given under my hand the above date.'L:YJ .
..................~.~~_..___..
Register
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STATE OF PENNSYLV \RIA
WASHINGTON COUNTY
)
)SS.:
)
TO John P.Boland,Esq.,of Philadelphia,enna.
GREE'l'ING:~,.,
",.1
You are hereby authorized and empo ~rered to cause to
appear before you ~~~(Proper Officer)Girard
Trust Company the Executor named in the last will and testame t of
Freeman B.Brady,deceased and to 1ualify them as such.
AND having so done to certify the same under your hend
and seal,and forward the same to the Re ister's Office at Washington,
Pennsylvania.
Given under my hand and seal of said office,at
Washington this ~g day of ~.A.D.1946.
~)~~
jR;giste:::Of Wills.
TO Leo L.Considine,Esq.,Register of Was ington County,Pennsylvania:.Pursuant to the authority vested in me by your commission,
to me directed for qualifying the ~xecutor in the matter of the probate
of a certain instr1.l!Ilent of writing,purporting to be the last will and
testament of Freeman B.Brady,deceased,I .r~?(j3 ~
(J,.y:?~()_~.t/L-'~tl-~.y;
do hereby certify that I caused /{/t"""CX.'------~(Proper Off'icifr)
•19~I do hereby admit the
and order the same to be recorded as such.
NOW,
WITNESS my
foregoing Will to
Girard Trust Company,in said commission named,to appear before me at
/PN{.~~./J 2-~:'fJ_C_/_l ~IIl'\on ~.',.194;r and having exhibited to
them the said instrument o~ng did qualify them.
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GIVEN under my han~bove date..~~
an.6,1947.
John P.Boland,
Register of Wil s
Phil~delphi8 County,P nne.
Deer Sir:
.no'osed you v1l1 find Depo 1ti~n \'lblct
e oommis.10 ed you to t k teat1 onv of "1 tnese E of the
estate of ]~eemBn B.Bradv.
If YO\1 wi11 not10e on t.h.Flecond p.ge,you neg.aoted
to have the witnes's n8 er the five ue~ttons.In es much es t es
peoples re euhsoribing VJitne~E:It'!S it '1'111 be rlecessery ...0 get
them to 81 net the bottom of the fi f th inter Ott tory,where (m
(X)has b8en leobd.fter campI tlng th 0,indly sign end put
your seel where it is marked co missioner.
Pleece send this back to us u !der re,..1~te"ed eil
88 soon &s pOB81ble.
Yours truly
Leo L.Considin'l
Re ·1oter
Ian.16,1947
Barnes,Dechert,Prioe
Smith nd Clark,
1320 Packard Bldg.,
Phl1edelpbl 2,Penna.
Gentlemen:In Re:Freeman B.Brady Estate
A fe dey 8,0 e r oeiv d from the Register of ills of
Philedelphia County,t a De ositions.One for Executor
and the other for the subscr bing witnesses.
In looking ov r t ese epositlona,e find th t the He-later
failed to heve the witnesses sign in the proper places.In
notifying the Register of this,he in turn asked for the
addresses of the witnesses.
Will you kindly notify the witnesses to re6ppeer or
give the addresses to the Re lster so that he oen notify them
to come to his offioe nd sl~n the Deposition in the p oper
pIece.
e c nnot grant the letters to the Gir rd Trust Company
until these p pers ere pro erly exeouted.
Yours truly
Leo L.Considine,
Register
11 uaqiugtou Qrouuty ~'tuuay1uauia
LEO L.CONSIDINE
REGISTER OF"WILLS AND EX·CF"F"ICIO
CLERK OF"ORPHANS'COURT
Jobn ?Bolfil1d,
Revipter of WillS,
?biJedelphip County.
Phil delnrie 7,Penna .
.!Jear fir:
•us4ingtnn,'tnnSl!l11ania
Jan 1::3,1947.
WALTER W.BOSWELL
DEPUTY REGISTER
In 6nsv'er to YO'1r letter of Jan.9th ins.'~Tish to
eavise th8t \"e ere returning the De,)o~ition to you to hElve 1'i1]eO out
as ~er Jlr fir~t request .
.t\:indl y heve this pb per e}:ecuted and rt-turn to 11S
at once.In looking over your form thet the witnesses sig-ned,we
find thft the forms do not meet v>'1 th the prActice now used in this
County,n r does it meet the eporovEl of the vrDh ns'Court Judge.
Pleese send this p oer b8ck by regi~t~~ed meil.
Yours
o L.Consiaine,
egister
JOHN P.BOLAND
REGISTER
CARL W.~fYER5
DEPUTY REGISTER
~~~~~~LJLs
~rnllt~~~~~li'J~A9~~"
'7
January 9th,1947.
Estate Freeman B.Brady,dec'd
Honorable Leo L.Considine,
Register of Wills,
Washington,Penna.
Dear Register:
Answering your letter of the 6th inst.,
permit me to call your attention to the fa.ct that we
qualified the witnesses to the above will on our form
of affidavit which if you will examine contains all
the answers incorporated in your interrogatories.Our
clerk must have overlooked the fact that your form
included interrogatories and used our usual blank which
is acceptable in many of the counties of the Commonwealth.
However,if you want your form signed it will be
necessary to put the witnesses to the inconvenience of
again appearing at this office.
We are returning your commission herewith and if
you want us to recall the witnesses kindly return it to
us and we will take care of the matter.
earl Wi ~s
Deputy Register
HGB-hncls.
(Form 6)
County of Philadelphia,ss.-,~rJ.R~~'S0e /1;~..~~=194..7..
Th<fl perso lly appeared :...................................IJf'.~~.......~~~iY~~..the subscribing witnesses
t:..~~..~~~g:~2;~{tj~;Z~~~t.!~~~~t~
.....................................~::~'#~.
deceased,an SOI~~..8 Sdid say th~~
present and did see C-/~.~~.
the Testat..c,\:.therein named,sign said :~ill
.........................................................................................................................and seal the same,axd did hear ..
publish,pronounce and declare the foregoing writing to be ..
last Will and Testament .
and at the time of doing thereof Testat....t:!~..................sound and disposing mind,
:.=~~~::t::~::ofldepon e~~:~~~_
~before me,the above 1 ~