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HomeMy WebLinkAbout1870_DEWALT_HOWARD_113_231_12-22-1971_01-21-1972c::>~C 0<.\.0 CP -.:::Jar.::s- 0"==='~'- a <..r-J C70Cp p~~C-(?"? ~{::;L e C/~p E-;:::s ~ P.......::J c:-r -D -.:::J (j"-~ u....) \ ~r-: C>0 c::ooQ. W 11'3 . 810 83 ~ill of ~ HOWARD DeWALT And now January 21,197~,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 Ruth Marie Dewalt and Samuel L. Rodgers in said Testament named who was duly qualified. Russell Marino,Register :i't RODGERS AND RONEY ATTORNEYS AT LAW 63 SOUTH MAIN STREET WASHINGTON,PENNSYLVANIA i WILL BOOK 113 Page 231 r.a L3·72 83 •IrJ Appltratiull fur Jrohatr of Ifill uf.HowARP.P.E:WA:I:/+'. .........late of North..s.trabane To.wnship Pennsylvania deceased,and Qi)ruu1 of tGrttl'rn Wrn1umru1ury. .....,Washington County, REGISTER'S OFFICE, WASHINGTON COUNTY,55.: Before the Register of Wills of Washington County,personally appeared ..Rl,lth.MarieDewa.lt and·Samuel "L."Ro'dgers .....who being duly sworn saysxthat HOWARD DEWALT··.........late resident of N...s.t.J;~P.~p.~..'rwP•.,Washington County,Pennsylvania,a citizen ofUni·ted..S-tates..died Canonsburg,Pennsylvania testate at..C.9:D.Qn~.QJ.;l.+.q..Ho.sp.it.al.,on the 22,Q day Of...De.aernber A.D.19 ..n .. ·Q·35P.~.76 1 f h . d 1 far..<·...0 clock m.,age eaving an estate 0 t e estlmate va ue 0 $..10,.0.00.•.00 . personality,and $25,.000.00 realty,said real estate being located 1l1pitts-burgh./ :A.1.+.~srl1enY.COl,mty,..Pennsy.lv.ania . ..... The decedent's legatees and devisees are as follows: NAMl';RELATIONSHIP RESIDENCE 176 N.Sprinq Valley Road _---"R:c:.u~t~h'---'-M~a~r=-=-i~e~D~e"'-lw!!..:a~l--'-t~-------I----W.ife Canonsburg,Pennsy1vania 4117 Presidential Drive _----'R~o~b~e~rcJ,t~Hl..!....-bD~e;,yw'iJa:J.l.L..J..t~I----.;S~09±ln~To a fayet t e Ii ill,Penn s y 1v ania _________________------------1-------------- Testator has...not .married and.............no ......children have been born since the execution of the will offered for probate. Petitioner prays that the paper writing filed herewith dated ..December2l,l96.8 . rnay be admitted to probate as the last \Vill and Testament of said decedent,and to grant Letters Testamentary thereon to ..Ruth ..l'1arie..Dewalt··and·Samue-l··L.····Rodge·rs . whose postoffice address is...63.South.Mai.nStree·t,...Washi·ng·toflr·Pe·nnsylva-nia'"15301 Register L2 -'.-._.?.tr:?P'.~..···7~~···· Sworn to and subscribed before me this .2./.... ....A.D.1972dayof.J.anuary.... COMMONWEALTH OF PENNSYLVANIA,}SS. WASHINGTON COUNTY,.. And nOw.Janua.rv :?!.,19.7.2 ..,comes·······Ruth Marie···Dewalt··and···Samuel L. odgers who being duly sworn doth depose and say that thev will well and truly administer the goods and chattels,rights and credits of..H.Q.w.~+;'q..P.~w~.:Lt.,deceased, to the best of .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..~.1 . day of....January A.D.19.7.2 . ~~.............................................~~.... Register ~~tAa~~~~~~..Samuel L.Rodg~ 0.;.,~,~~.~.<lJ.rj:I':l..c::)!-<ro..BUJ:CJ\<~""~~~:.....~:':!-.~~......l"'(6:+JUJ .--~t~.8:"PLI~~~. ~l-l ~Z+I:ro QJ :0~:~cr P:<UJ)(..~:10:aPd '72 l-l'(IJJ IJ)t:+\<):"2 ~:Ao 0 QJII onE-l Vl :P::~cri))~-.tOO~~1-1:(]J "Cl~':;:1.~+I:.,-i •UJ 0~.~~O (/):I-IH H tfl .P:<~a HUS~_'~P:<~~o ..c::~~...-1 +I PLI ."..+I:(l):QJ ::l f:EGIS -:Ek v·,::S e;:H....~g l-l:~'c:;:j u 00:CIl ~ffi (]J ril\S:IIH'T(Hi :'0..P 0 ...-1~~~z:Cj >c:l't::QJ¢::'+l ~tfl PLI :;:j00Vl~~~(l)0(l)........ Ui........~CIl (l)::>~~ , mounty of lIanqington,nn. REGISTER'S OFFICE.~.?.P.~.?.TY ?.J A.D.19...7..?. Richard J.Boehm and Samuel L.RodgersPersonallyappeared . who,after being duly qualified according to law,deposes and say that they are well acquainted with the handwriting of...??..~.~.E.9 ,P..~.~~..~~,Deceased,Testator to the foregoing Will dated P..~..9..~.!.!!-P..~E ?.~_19..~Jil ,and that the signature of said ?g~.~E.9.p.~.~.~.:!:~,as well as the entire Will,is in his or her own proper handwriting,as they,the affiants,verily believe. Also,that the subscribing witnesses are not now within this jurisdiction. ....$~..g.~n.............................................................................and subscribed before me the day and year aforesaid. ........................~....~........ RUSSELL MARINO,Register I,HOWARD DeWALT,of the Township of North Strabane, County of Washington,Commonwealth of Pennsylvania,do make this my Last Will and Testament,hereby revoking all Wills heretofore made by me. FIRST:I direct that my funeral and administration expenses,and those of my debts which may be legally due and owing at the time of my death,be paid. I direct that all inheritance,succession,estate or other taxes assessed because of my death,whether the property or funds to which such taxes are attributable pass under this my Will or not,be borne by the principal of my residuary estate and that my Executors payor provide for the payment of such taxes at such time or times and in such manner as my Executors deem to be convenient. SECOND:If Ruth Marie DeWalt,my wife,survives me, I give,devise and bequeath to her absolutely such portion of my estate which added to all other property included in the amount allowed as a marital deduction in the federal estate tax return of my estate,shall be equal to the maximum federal estate tax marital deduction allowable.The values to be used for the purpose of computing such portion shall be the values finally determined in the federal estate tax proceeding and shall be conclusive.No assets which do not qualify for the marital deduction are to be included. If my wife fails to survive me,her portion of my estate shall be added to my residuary estate. THIRD:All the rest,residue and remainder of my estate, I give,devise and bequeath to my Trustees in trust however for the following uses and purposes: ·1 (a)The Trustees shall pay annually or oftener the net income arising from my residuary estate to my wife,during her lifetime.In the event of the exhaustion of the other assets readily available for the support,comfort,and welfare of my wife,the Trustees may use for those purposes such sums from the principal of my residuary estate as the Trustee,other than my wife,considers to be necessary. (b)At the time of the death of my wife,or at the time of my own death in the event of the earlier death of my wife,my residuary estate shall be paid over to my son,ROBERT H.DeWALT,or, if he is then deceased,to his then living issue,per stirpes. (c)If at the termination of any estate or interest in my residuary estate or in any of the shares thereof neither the income arising therefrom nor the principal thereof is distributable under the foregoing provisions,then my residuary estate or such share thereof shall be paid to my then living heirs as determined b the laws of Pennsylvania then in effect relating to intestacy. FOURTH:In addition to the powers conferred by law,I confer upon my Executors and upon my Trustees the following discretionary powers which may be exercised at such times and in su h manner as they may deem proper without application to any court,I and I direct that no person with whom my Executors and Trustees may I deal shall be required to inquire into the necessity or propriety 0 any of their acts or to see to the application of any money paid to them. (a)To retain as a part of my estate or as a trust investment hereunder any stocks,bonds,or other items of property belonging to me at my death,to vary investments,and to invest and reinvest funds (including any accumulated income)in such stocks, bonds,securities,or other property of any kind or character whatsoever,irrespective of the laws of Pennsylvania relating to investments by fiduciaries. (b)To vote in person or by proxy all stocks and other securities entitled to a vote. (c)To exchange securities,sell or exercise stock subscription or conversion rights,participate in foreclosures, reorganizations,consolidations,mergers,liquidations,pooling agreements and voting trusts and other corporate transactions of such nature. (d)To execute such assignments,powers of attorney, bills of sale,bonds,deeds,leases,agreements and other documents as may be necessary or desirable to effectuate any power herein or by law conferred. (e)To sell and dispose of any real estate which I own at my death or which at any time constitutes a part of my estate or of any trust hereunder,or grant options with respect thereto,and to execute proper deeds. (f)To grant leases of real estate for any term or terms, with or without options for renewals or purchase,although the term of the lease or of the renewal thereof may extend beyond the term of any trust hereunder. (g)To determine whether and/or what part of any receipt, increment,gain,disbursement,charge,or loss shall enure to or fal upon principal or income. (h)To determine whether and in what manner interest, dividends,rents,and other income shall be apportioned between successive beneficiaries hereunder. (i)To hold the whole or any part of the trust property in one or more consolidated funds notwithstanding any direction for division into parts or shares. (j)To borrow money for the benefit of my estate or of any trust hereunder from themselves individually or from any other source and,as security for the repayment thereof,to hold or pledge any of the property of my estate or of any trust and to execute mortgages. (k)To carry securities,mortgages,and any other property which may be included as a part of my estate or as a trust investment hereunder in the name of a nominee. (1)To compromise,adjust,and settle any disputes and claims arising in the administration of my estate or of any trust established hereunder,whether such claims be asserted in behalf of my estate against other persons or by other persons against my estate. (m)To make distribution hereunder of property in kind and,for that purpose,to divide,partition,and allot property, and to determine the value thereof. FIFTH:I appoint my wife,RUTH MARIE DeWALT and my attorney,SAMUEL L.RODGERS,Executors of and Trustees under this my Last Will and Testament.In the event of the failure of my wife to qualify,or of her renunciation,resignation,disability, or death,no substitute or successor need to be appointed to serve in her stead. In the event of the failure of my attorney Samuel L. Rodgers to qualify,or of his renunciation,resignation,disability, or death,I appoint the Pittsburgh National Bank of Pittsburgh, Pennsylvania,succeeding Executor and Trustee of this my Last will and Testament. J{ WITNESS my hand and seal this:l..[day of .L)ceo'-'l.6.e-,1968. (SEAL) Signed,sealed,published,and declared by the above named Testator,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. residing at .~~~~u ,)../ /(J /., Ittc')1ur../~1.?-:J ,I~Ij·)/ .