HomeMy WebLinkAbout1877_CLARK_ROY_80_419_09-04-1953_09-15-1953COMMONWEALTH OF PENNSYLVANIA,
WASHINGTON COUNTY,SS.:Charles W.Dodson,Ass't.Vice Presl;l~~t
of Peoples First National B~1k &Trust '
And now September IS"',19~,comes Company and Eunice S.Clark
who being duly sworn doth depose and say that they will well and truly administer the goods and chat-
,tels,rights and credits of Roy Clark ,deceased,
to the best of theirskill and judgment in strict compliance with the laws of this Commonwealth.
Register
mindful of-the laws relating to inheritance taxes.
Sworn and subscribed before me this /$
Se tember .D.19li_
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A'itplirati~tt fnr 'rnhatr nf .ill nt_~RO~Y~C~LAR~K~I'__
,late of South Strabane Towns~h~i!..lp>!--,Washington County,
Pennsylvania deceased,and Qi)rnnt of )Uetters <I:estnmcnhtrll_
REGISTER'S OFFICE,
WASHINGTON COUNTY,
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Before the Register of Wills of Washington
Charles W.Dodson,Ass't.Vice President of Peoples
County,personally appeared First National Ban1L&Trust Company and Eunice S.who being
Clark
duly sworn says that,--'Roy Clark,---_________late resident of
South Strabane Township ,Washington County,Pennsylvania a citizen of Pennsylvania died
September A.D.19-5..Lat4:00 o'clock a.m.,on the 4th day of
at South Strabane Township,50 years of age
leav;ng an estate of the estimated value of $~9010Q(}.~O-=-=-O personalty,and $--,n~o",",n~e,,---__--,-_
realty,said real estate being located in ,------
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The decedent's legatees and devisees are as follows:
on,Pa.
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RELATIONSHIP RESIDENCE
-----._.....-~"'-".'-""'~'-Vancestatfon-fra.:---:soutli
--'Widow Strabane Twp.,Washin~t
4th Avenue &Wood Stree
-Trustee Pittsburgh 19,Penna.
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Eunice S.Clark
Peoples First National Bank &Trust Co.
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-NAME
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Testator has_----Lln~o.....t 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_~JLlunoY.A:SeL...dl""2..,,~1w.9....5'""1~-----
---may be admitted to probate as the last Will and Testament of said
decedent,and to grant Letters Testmentary thereon to Peoples First National Bank &Trust Co.and
Eunj ce S.Clark whose postoffice address is 4th Avenue &Wood Street,Pittsburgh 19,Pa.
Sworn to and subscribed before me this 1';;-~~!ieplteIr:lb..eI~.A.D.19-5l-~)
~~~~Register -)
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LAST WILL AND TESTAMENT
I,ROY CLARK,of Washington County,Pennsylvania,being of sound mind
and memory,do make,publish and declare this my Last Will and Testament,hereby
revoking and declaring null and void any and all Wills and Codicils by me at any
time heretofore made.
FIRST:I direct my Executors to pay my just debts,the expenses of my
last illness and my funeral expenses~
SECOND:I give and bequeath all my jewelry,automobiles,clothing and
other purely personal effects to my wife,EUNICE S.CLARK,if she survives me.
THIRD:In the event my Wife,EUNICE S.CLARK,is living at my death,
I give,devise and bequeath to PEOPIES FIRST NATIONAL BANK &TRUST COMPANY,
Pittsburgh,Pennsylvania,and my wife,EUNICE S.CLARK,as Trustees,so much of
my estate as will afford my estate the maximum allowable marltal deduction under
Federal Estate Tax Laws when this share of my estate,so given,is considered
with any and all other property of mine passing or which has passed to my wife
under the provisions of this Will,or otherwise,and which other property is in-
eluded in my gross estate for Federal Estate Tax purposes and in the marital
deduction allowed my estate.My Executors shall exclude from this gift any ter-
minable interests which,if given to my wife,would not be deductible as part of
the marital deduction allowed my estate.
My Trostees shall hold this property,so given,in trust a8
Fund "A"hereinafter provided for.
FOURTH:All the rest,residue and remainder of my estate,of whatsoever
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kind aM nature and wheresoever situate,of which I shall die seised and possessed
or to which at the time of my death I may be entitled,remaining after the payment
of taxes,I give,devise and bequeath to PIDPIES FIRST NATIONAL BANK &TRUST
COMPANY,Pittsburgh,Pennsylvania,and ~wife,EUNICE S.CLARK,as Trustees,to
be held by them as Fund "B"as hereinafter provided for.
FIFTH:FEOPIES FIRST NATIONAL BANK &TRUST COl-lPANY and my wife,
EUNICE S.CLARK,as Trustees,shall hold Fund "A"and/or Fund "BII,as received
from my Executors,under the following Trusts.
1.TRUSTS.
A.My Trustees shall pay the net income from Fund "A"to my wife,
EUNICE S.CLARK,in convenient installments not less frequently than annually for
and during her lifetime.Further,during my wife I s lifetime she shall ha.ve the
right to withdraw and consume,demand and receive all or any part of the principal
of Fund "A",from time to time,or at any time,absolutely and free of trust.
Upon the death of my wife,EUNICE S.CLARK,my Corporate
Trustee then surviving shall pay and distribute the then remaining principal of
Fund "A"as my wife shall appoint and direct in her Last Will and Testament,
whether to her estate or otherwise.In default of such appointment or direction
by my wife in her Last Will and Testament my Corporate Trustee shall add the then
remaining principal of Fund "All to Fund liB"and such amount so added shaJ.l be
held in trust and/or distributed as if it had constituted an original part or
Fund "B".
B.1.My Trustees shall pay the net income from Fund "BI!to my
wife,EUNICE S.CLARK,in convenient installments not less frequently than annually
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for and during her lifetime.Further,during my wife I s lifetime,my Trustees are
authorized to p~and distribute to her,or for her benefit,from time to time,so
much of the principal of Fund IIBII as my Trustees deem advisable for her comfort,
maintenance and support and to aid her in the event of any circumstance or con-
dition affecting her wherein money is needed,even to the exhaustion of the prin-
cipal of Fund "B".
2.Upon the death of my wife,EUNICE S.CLARK,or upon my
death in the event my wife fails to survive me,my Corporate Trustee then surviving
shall pq and distribute the then remaining principal of Fund liB"in equal shares
to the following named persons:
(a)SIMPSON S.SLOAN,my wife's father,if he is living
at the time for this distribution.
(b)¥JAGGIE J.SLOAN,my wife's mother,if she is living
at the time for this distribution.
(c)CAT~S.CRUM,my wife's sister,or if she is
not living at the time for this distribution to her son,RICHARD CRUM,if he is
living at the time for this distribution.
(d)JUEL CLARK HALL,my sister,if she is living at the
time for this distribution.
(e)LURENA CLARK WHIPPlE,my sister,or if she is not
living at the time for this distribution to her son,DANNY WHIPPIE,if he is living
at the time for this distribution.
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(f)VERNETA CLARK DANIEL,J'If3'sister,or if she is not
living at the time for this distribution,to her son,JAl,1ES BLACK DANIEL,if he
is living at the time for this distribution.
(g)CHARIES EMERSON CLARK,if he is living at the time
for this distribution.
If any share of Fund "BII is undisposed of due to the death
of the beneficiary or beneficiaries named therefor,such share shall be added to
the other shares herein provided for whom beneficiaries are living,in equal shares.
II.TERMS AND CONDITIONS.
A.Neither the principal nor the income of Fund "A"and/or Fund "BIt
shall be liable for the debts of any beneficiary hereunder,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 of Fund "A"and/or Fund "B"
shall have any power to sell,assign,encumber,or in any manner to anticipate or
dispose of his or her interest in Fund IlAIl and/or Fund "B"or in the income produced
thereby.
B.If any beneficiary not hereinabove specifically provided for,
who is entitled to receive a share of the principal of the trust estate shall be
a minor,J'If3'Trustees are hereby authorized and empowered to continue to hold and
manage such share for the benefit of such minor during his or her minority,and JI13'
Trustees ~accumulate all or any part of the income from such minor's share or
pay so much thereof,together with such amounts of the principal of his or her
share of the trust estate as they shall deem proper for his or her education,main-
tenance and welfare.In the disbursement of funds directed to be paid to or for
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the use and benefit of any beneficiary who shall be a minor,my Trustees may make
p~nt of the same to the parent,guardian or such other person as may have custody I
of the person of that minor at the time such payments are made,to be used for the
education,maintenance and support of such minor,but without liability on the part
of my Trustees to see to the application of said payments by the payee,and the
receipt of any such person shall be a full acquittance of my Trustees as to any
amounts so paid,or my Trustees Illa¥make payment of the SaJ1J3 directly to or for the
benefit of such minor beneficiary.This shall be construed as a power only and
shall not operate to suspend the absolute ownership thereof by such minor nor to
prevent the absolute vesting thereof in such minor.
III.MY TRUSTEES SHALL HAVE THE FOLUl'lING P<l'lERS:
A.To take and to retain as an investment for the trust estate,
without any duty of diversification,any and all securities,or other property,
real or personal,received from my estate,and my Trustees shall not be responsible
for any loss by reason of such retention.
B.To invest and reinvest the trust estate in such stocks,bonds,
mortgages,securities or other property,real or personal,as they ~believe
advisable,without being limited to the classes of securities or investments in
which trustees are authorized by law to invest trust funds.
C.To sell any and all real estate received hereunder,at such
times,at public or private sale,for such prices and upon such terms as they shall
believe advisable,and to make,execute and deliver any deed or deeds therefor,
conveying title thereto in fee simple absolute,or for any less estate,to any
purchaser or purchasers,freed and discharged of any and all trttsts hereunder.
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D.To sell,exchange,lease,encUJl'ber,option or otherwise dispose
of all or any portion of the trust estate in such manner and upon such terms and
conditions as they shall believe advisable,and to make,execute and deliver deeds,
mortgages,leases,assignments and other documents necessary to effect any of
these powers.
E.To make distribution of the trust estate to any person entitled
thereto in kind,in cash,or partly in kind and partly in cash,as they shall
believe advisable.
F.To register or carry without referring to the trust estate any
securities,investments or other property held by them hereunder in their own names
or in the name of a nominee or nominees.
G.To vote any and all stock held in the trust estate and to
participate in any reorganization or merger of companies or corporations whose
stock is held in the trust estate.
smH:I authorize J1I:f Executors to sell any and all real estate of which
I die seised,at public or private sale,for such prices and upon such terms and
conditions as they shall deem advisable,and to make,execute and deliver good and
sufficient deed or deeds therefor,conveying title thereto in fee simple absolute
or for any less estate to any purchaser or purchasers.
SEVENTH:I authorize my Executors to make distribution of rIJ.y estate in
kind,in cash,or partly in kind and partly in cash,as J1I:f Executors shall believe
advisable.
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EIGHTH:I direct my Executors to payout of the principal of my residu-
ary estate all Federal Estate,State Inheritance,or Estate and Succession Taxes
imposed upon or with respect to my estate or any property in which I may have an
interest,including any property not forming a part of my testamentary estate but
included in my gross estate for tax purposes,except any property over which I
have a taxable power of appointment in the event it shall be held that I have not
exercised such power of appointment in this Will,at such times and in such manner
as my Executors,in their discretion,shall deem advisable;and no such taxes or
any portion thereof so paid shall be collected from or paid by any other person,
persons or corporations by way of reimbursement,proration,apportionment,or
otherwise.
NINTH:At any time during the operation of the trust or trusts set
forth in this vall my wife shall have the right,while she is acting as Co-Trustee,
to have the trust or trusts transferred to another jurisdiction more convenient
to her domicile and to have named as substitute Corporate Co-Trustee a corporate
fiduciary in that locality.In the event such change is made,such newly appointed
institution shall replace PEOPLES FIRST NATIONAL BANK &TRUST COMPANY in all
capacities in which it has been serving or might serve under this instrument.
m~TH:I name and appoint P'IDPIES FIRST NATIONAL BANK &TRUST CONPANY,
Pittsburgh,Pennsylvania,and my wife,EUNICE S.CLARK,or the survivor of them,
as Executors or Executor,as the case may be,of this,my Last Will and Testament.
.I name and appoint PEOPIES FIRST NATIONAL BANK &TRUST COMPANY,
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Pittsburgh,Pennsylvania,as Testamentary Guardian of the estates of minors
entitled to distribution hereunder.
IN WITNESS WHERIDF I have hereunto ~.~my hand and seal this /2
Signed,sealed,published and.eclared by the above named Testator,
ROY CLARK,as and for his Last Will and Testament in the presence of us,who
day of ~.
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at his request,in his presence and in the presence of each other have here-
unto subscribed our names as witnesses.
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.Q!nnlmnulUtult~nf "tuul1yluuuiu
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JIlus4iugtDu C!1onntg.ss:
BE IT RE:ME:MBERED,That upon this 15 .__.._..day of Se.p.t.emhar..
19 53 ,before me ~!:¥.!?:~.~..}~!p.Q~g!.~.~___Register for the Probate of
Wills and granting Letters of Administration within and for said county,came -.
Nichael B.Katis and Jno.Donald Babb
................................................................................._..the subscribing witness.es to the foregoing attached Will of
Roy Clark
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 him ···.publish it as and for
.hi.s .la3t Will and Testament;that they at his_request,in.)?:~.~presenee,and in the
presence of each other,subscribed their names thereto as witnesses;and at the time of the doing thereof said
testat O.r was of sound,disposing mind,memory and understanding,to the best of the affiants'
knowledge and b.elief.
worn and Subscribed Before :Me