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HomeMy WebLinkAbout1934_DICKS_ALENA_117_577_05-04-1974_05-28-1974'C'~E C>0-v:>c:r- 0 ~0 _7 ~~ C-F 0'LdJ -+::.~-:3..:c cJ!--..::::J -.:::r~&:5 -0 .:::E. -~ .. .'....~,. l.A1;T wn.J.AND TF.1;TAMENT OF ALENA .,.nICKS And no",May 28,1974,it being adjudged that said will has been roved,it is hereby admitted to probate ~d ordered to berecorned and tetters I}'estameriary are issued to Pittsburgh National Bank and Albert E.D1 cks in said testament named who were d~y qualified. llssell Marino,Re~ster ill .217 • ~'t'~~r . ~~.. , 'r I ~j Application for ilrohatr of Ifill of..~~.~~.~~..~P.~.S;.~.~. ""_..late of s;.~.~:Y.C?!~~.~.~.~.~SL~.~.r:,Washington County, Pennsylvania deceased,and (!)l'anl of ffil'ttl'rs wl'staml'ntary. REGISTER'S OFFICE,l WASHINGTON COUNTY,f 55.: Before the Register of Wills of WashingtonALBERTE.DICKS and R.STEVEN~ONNETT, County,personally appeared 'r.g~L§.T..9..~E.'.~.g~.!=3.!.?!.~.T..§.~.~~~.?.~~~.!..?~~~~~.~.~~wh 0 being duly sworn says that...~.~.~~.~.E.'..~p..~9.~.~.._late resident of ..g,.~.t.y 9..t..~~.:?bJ~.9:.~9D ,Washington County,Pennsylvania,a citizen of ~..~.~..~.~.~died testate at.Y.?9:.~.b.~.~.9:.~9..~.{~.~.~~.~y.~.Y.~.~.~.~on the ~.~~day of...~.~Y.A.D.19 ..!4 at.....;h.?..;}.:?...o'clock.~.~m.,age ?..?.leaving an estate of the estimated value of $y.~~.~g~.~.. personality,and $g~~.~9.~realty,said real estate being located in . The decedent's legatees and devisees are as follows: NAME RELATIONSHIP RESIDENCE Husband 695 Donnan Ave.BERT E.DICKS Washington,Pa. TTSBURGH NATIONAL BANK Trustee Washington,Pa. AL PI Testator has ~.?~married and ~.?children have been born since the execution of the will offered for probate. Petitioner prays that the paper writing filed herewith dated p..~.~~.~.9.~E :?}..r }.~_?J .. may be admitted to probate as the last Will and Testament of said decedent,and to grant Letters Testamen- Sworn to and subscribed before me this 1 . May 74day0lfn~·..·A.D.19 . ............~.f..·1...·~....····R~~;~~·~?~7fJ whose postoffice address is .P,~.t.t..$..tm,.;t;.:.gJJ..N~.t..~.9.n~):?.~p..~.I.~.~§.hJ.~.q!gn..r !?.9:.~. PITTSBURGH NATIONAL BANK by-Q _..._._._... TI(t<.s,0,7:I ~ ~/--.-/~~eL.~£-<.-/....~ITbe·r·t·..·:Er:·DI·cK·s · · ·..·..· · tJ;--/..c;;?;.?d..~~!::::.f.?.L;.~.":.';;..~.-::=::!.. Albert E.Dicks ~~:::~:~::=~:;~~~~~.:~~...:~~mes.;'~~~;'~g.~f..J.~~.~~~R~~.~i~~.~.~~~;~~~~~~iT , BANK who being duly sworn doth depose and say that...tJ}.~y will well and truly administer the goods and chat- tels,rights and credits of ~J.~.~.~~.:P..~.~~.~deceased, to the best of t..hg.tr.skill and judgment in strict compliance with the laws of this Commonwealth,mind- ful of the laws relating to inheritance taxes. Sworn and subscribed before me this ~K . >.~~.~"''''',..".a 8-0 'V (v •~"'""'(J);t:jl.A ()C).<)rO t'i ~~M oct:'v,~~a~'<)~"J ~"'"rd.H r.'1I:.U".~.~a ~~~!:.-.-•P:;+l r-l~\4J.+l rtli Z ~(J)I~Q..r--.'~~(J)!~§0 8 '74 flAY!~ri'3 3Q ~tJ1~--><2::;!...~.~:·ri 0 ~8 H s::~110\l,.,.~~~u 1 "0 ~U U;~0 'M t'J~=H:Q)CfJ H:Z t-'r-l~ :CIl rcts::Q Q)S:: Cl C':l:s:;o :::r:U-r'"Q)O::::~:+l ~t-'R :j ,"j :~:.~..c:+l iii>.:A 'tJ g'.'4 g;REGTSTi"-'...:...J',W Q"g'~.....!'M "d H t:I:l \HASLI'I~!".Ii (,'0.Pi._P:;"M.......:>!I..c:2 ~(J)......f',,~3=..c:~+J.tIl ~~8 3=til H ·...{rO I-<~~oarO~~3=~~~::r:l!'l3=......CIl :o I-<:Q)0Q)......l=:ro Q).........:l ...:l .... .:r •• ~iK:DKT:rml LAST WILL AND TESTAMENT I,ALENA F.DICKS,of Washington County,Pennsylvania, being of sound mind &id 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 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,as well as all household goods and equipment which I may own,to my husband,ALBERT E.DICKS, if he survives me. In the event my husband fails to survive me,I give and bequeath the aforesaid items to my son,ALBERT E.DICKS,JR.,if he survives me. All the rest,residue and remainder of my estate, I give,devise and bequeath to my husband,ALBERT E.DICKS,and PITTSBURGH NATIONAL BANK,Pittsburgh,Pennsylvania,as Trustees under the following trusts. I.TRUSTS. A.My Trustees shall hold the principal of the " ••• Trust Estate for the use and benefit of my husband,ALBERT E.DICKS,and shall pay to him,or for his benefit,the net income therefrom,in install- ments convenient to him,but not less frequently than annually,for and during his lifetime,together with so much of the principal thereof as n~ Corporate Trustee,in its sole discretion,deems advisable,for his health, maintenance,and support. B.Upon the death of my husband during the period of this trust for his benefit,or upon my death in the event my husband fails to survive me,the principal of the Trust Estate,as it is then constituted, shall be paid and distributed to my son,ALBERT E.DICKS,JR.,or,in the event he is not then living,two-thirds (2/3)thereof to my daughter-in-law, IRIS DICKS,if she is then living,and the balance thereof to my grandchildren, SHERRONE L.DICKS and JAMES S.DICKS. II.While in the hands of my Trustees,neither the prin- cipal nor the income of the Trust Estate 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 ,rrit or pro- ceeding at law or in equity,and no beneficiary hereunder shall have any power to sell,assign,encumber,or in any manner to anticipate or dispose of his or her interest in the Trust Estate,or in the income produced thereby. III.As compensation for its services hereunder,my Corporate Trustee shall be entitled to deduct a reasonable fee,which fee shall be in accordance with the then prevailing rate of compensation charged by my Corporate Trustee for like services. -2- • FOURTH:In addition to the powers conferred by law,my • Executors and Trustees shall have the following discretionary powers: A.To retain as an investment for my estate and the trust estate,without any duty of diversification,any and all property,real or personal,m~ed by me at my death.This authority shall specifically include the authority to retain any stock in PITTSBURGH NATIONAL CORPORATION and the authority to act with respect to the same as if it were stock of any other corporation,notwithstanding the fact that PITTSBURGH NATIONAL BA1~,or any successor thereto,shall be a fiduciary hereunder. B.To invest and reinvest,including principal and accumulated income,in stocks,bonds,mortgages,securities or other property,real or personal,without being limited to the classes of securities or investments in which fiduciaries are authorized by law to invest trust funds. C.To sell any and all real estate held as an asset of my estate and trust estate at such times,at public or private sale,for such prices and upon such terms as deemed 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 trusts hereunder. D.To sell,exchange,lease,encumber,option or otherwise dispose of all or any portion of my estate and trust estate in such manner and upon such terms and conditions as shall be deemed advisable,and which -3- •• shall specifically include the authority to grant leases which extend beyond the term of any trust hereunder and beyond the period authorized by law,and to make,execute and deliver deeds,mortgages,leases,assignments and other documents necessary to effect any of the powers granted. E.To make distribution of my estate and trust estate to any person entitled thereto in kind,in cash,or partly in kind and partly in cash,as deemed advisable,and to this end allocation of assets in kind shall be in the sole discretion of my fiduciaries.Assets distributed in kind in satisfaction of any pecuniary distribution under the terms of this Will shall be distributed at their values on the date or dates of distribution. F.To register or carry any investments held hereunder in their own name or in the name of a nominee or nominees;provided, however,that all such investments shall be so designated upon the records of my fiduciaries that the trust or estate to which said investments belong shall appear clearly at all times. G.To vote by person or proxy any and all stock held in my estate and trust estate and to participate in any reorganization or merger of companies or corporations whose stock is so held. H.To borrow for the purpose of my estate or trust estate from any source,which shall include the authority to borrow from any separate trust created herein,and as security for repayment,to hold or pledge the whole or any part of my estate or trust estate. FIFTH:I direct my Executors to payout of the principal -4- • of my residuary estate all Federal Estate,State Inheritance,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 sole 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 othen~ise. SIXTH:I name and appoint my husband,ALBERT E.DICKS, and PITTSBURGH NATIONAL BANK,Pittsburgh,Pennsylvania,as Executors of this,my Last Will and Testament.In the event my husband,either at the time of my death or thereafter,should be unwilling or unable to serve for any reason,no successor shall be appointed. My Corporate Executor shall be entitled to deduct as compensation for its services hereunder a reasonable fee,which fee shall be in accordance with the then prevailing rate of compensation charged by my Corporate Executor for like services.Further,my Indi- vidual Executor shall be entitled to such additional compensation as may be commensurate with his services. No individual fiduciary shall be required to post bond or any additional security in any jurisdiction in which such fidu- ciary shall be required to serve. -5- • •• SEVENTH:I appoint PITTSBURGH NATIONAL BA}~as Guardian of any property which passes to a minor and with respect to which I am authorized to appoint a Guardian and have not otherwise specifically done so,granting it in this capacity the power to agree to any distri- bution of the said property that it deems advisable;the power to retain any property,real or personal,received by it in kind and the power and authority to sell the same upon such terms and conditions as it believes advisable,giving good title to any real estate thus sold;and the power and authority to invest in such stocks,bonds and/or other investments it deems advisable,without being limited to those investments in which guardians are by law required to invest minors'funds;and the power and authority to disburse to or for the benefit of the minor wards so much of the income and the principal of the minor's share of the said property as it,in its sole discretion,deems advisable for the minor's comfort, maintenance,support and complete education,including preparatory,college and post graduate or professional training,and to aid the minor in the event of any illness,injury or other emergency affecting the minor wards wherein money is needed.Any disbursements hereinabove authorized may be made to the parent,guardian or such other person as may have custody of the person of that minor at the time such payments are made,,nthout lia- bility on the part of PITTSBURGH NATIONAL BANIT{to see to the application of said payments by the payee,and the receipt of any such person shall be a full acquittance of PITTSBURGH NATIONAL BA1~as to any amount so paid. WITNESS my hand and seal this daYOfL~ Signed,sealed,published and declared by the above named Testa- trix,ALENA F.DICKS,as and for her Last Will and Testament,in the presence of us,who at her request,in her presence and in the presence of each other have hereunto subscribed our names as witnesses. ..\ ,------------------------------------------------------"~ (llnmmnuwraltl1 1IIlhta4ingtnn <!lnuntg ..!i.!i: nf 'ruu5yluauia BE IT REMEMBERED,That upon this ?§.~.~.~day of ~~¥... 197.4.,before me R4.e.$..~J.,:h M§..r...1.n.9.~Register for the probate of Wills and granting Letters of Administration within and for said county,came .. ......................................H.9.w.g;r.g ~G.QJ.,g.f..?J~1?@~1 gh.f?r.Y.J,N:t.gh9..f.:9.e.. ............................................................................................................the subscribing witnesses to the foregoing attached Will of ..........."AJ.,~P.:9.f..,p.~.9.~§. 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...r.ix sign the same-heard h~;r.publish it as and for .........h-e:F-last Will and Testament;that they at...A§f request,in h.~r.presence,and in the presence of each other,subscribed their names thereto as witnesses;and at the time of the doing thereof said testat.r.iX was of sound,disposing mind,memory and understanding,to the best of the affiants' knowledge and belief. Sworn and Subscribed Before Me ,/ .........?.........•....................~~ • • IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DIV1~10N No. IN RE: ESTATE OF ALENA F.DICKS,deceased. RENUNCIATION,RELEASE AND DISCLATMER OF INTEREST UNDER WILL .. -J ~;-.:J -~1 r_.:::>rr)c-. :::~0~r-(j).. _--l ~,'.>: 'J.:...·-r. I:,,--) -r.-e:...,-.-.r --J.';1 r--(.,.) t.:::J...~-(,/} GOLIJI-AKt:l &GOLDFARD ATTORNEYS AT LAW 50 WEST WHEELING STREET WASHINGTON,PENNSYLVANIA 15301 IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: ESTATE OF ALENA F.DICKS,deceased. No. RENUNCIATION,RELEASE AND DISCLAIMER OF INTEREST UNDER WILL WHEREAS,Alena F.Dicks died on May 4,1974,and her Will was admitted to probate by the Register of Wills of Was~ing- ton County,Pennsylvania,and WHEREAS,i~the Will of decedent she did establish a Trust for the benefit of her husband,Albert E.Dicks,under- signed. NOW THEREFORE,I,ALBERT E.DICKS,undersigned,for whose benefit a Trust was created by the Will of the decedent, do hereby renounce and disclaim all right to take any interest in any Trust created by the Will of the decedent,and I do release the personal representatives and Trustees named in said Will from any obligations to admir.ister any Trusts for my benefit. IN WITNESS WHEREOF,I have signed and sealed this in- strument this 25th day of June ~(SEAL)