HomeMy WebLinkAbout197_ECHARD_CYRUS_34_188_10-30-1918_11-16-19200 c0c;::>:...--
~"-
~~c...v
-l:::...--
~.,..::.
~~
~
~o~-oo
J'"'"__fill
~.
L,
~,~&.:.I 1L:.t
"i
NO.__l_~_'1 _
Will Book ~t4 Pag'e-l8a--
------------------------------------
WILL
of
AIm NQ;,November 16,
1920,Exemplification fi~~d
and recorded.
John Aiken,.
_______QyB1UU~GltAl1~~_~~~_~~~~1
11Deceased.
Filed 191__
~~·(j~~~l
E ~'EJ
r--.1\(\\:'l\~~~t~~•
I_~
( I
...
COUNTY OF FAYETTE.
Given under my hand and seal of said offiee,this 15-TH day of
...
.-""l
4-1
HU0TO~T S,WILLIAMS
I,jl!E~RY_R:-'-fI':I;LERING:.t]ON,REGISTER OF
the f)regoing to be a true copy of the original last Will
___________QYBU_~_~CtUURJQ ~
WILLS,etc.,in and for said county do hereby certify
deceased,as well as of the probate thereof as the same
and Testament of
D.:;r·-j--/vfdtt~AdiL;AJt/kQ/l~2LJLIL4..Register.
__2Q page__3A.S-.
remains on file,and is of record in my office in U:J.iontown,said County of Fayette,in Will Book
_________~O~EEL------------------A.
~
vVl.Ull.l.VJ.J.VV L,CU Ll.J.V1 J.\..,,1111;)Y1 V CUlla,f.SS.
COUNTY OF FAYETTE,
Before me,HENRY R.TITTERINGTON,Register for the Probate of Wills and Grant-
ing Letters of Administration,in and for said C()Unty,came _
_____________ThD~_B&_~har~_and_~Jl~JMatt~_
who being qualified says that as_...Exe.c.u:t..nr..JLQ.LtbfLYlilLoL _..',
_______~~ua_E.c~Ji Iate of __a~nne~~lle~_YJLL _
deceased,you will well and truly administer the goods and chattels,rights and credits of said
deceased according to law;and also will diligently and faithfully regard,and well and truly com-
ply with the provisions of the law relating to collateral inheritances.That said testator _
died on the__3Q~'day oL_Q.ct.Q.P..e.r.-,A.D.,19L8_ai 10 :30 0 I clock P.M.
_____~o:_n__::::~~::~~_~_e~~::_:~_t~~:)
A.D.191_a__.(
lj~l1r.Y__Fl·__rUtt.§'lrJJ1.JrtQtL )
Register.
___~lulm~s_B_~_
___lL~_&L_Mat3JL~_
BE IT REMEMBERED,That on the ~.l.'.
(REGISTER'S SEAL)
day oL URY~.1:?~r.A.D.19 l8.,before me
F~~TRY R TTTTFRH'r.r ~eH"NRtE$.~;-:st~YER,Register for the Probate Jf
Wills and Granting Letters of Administration in and for
said County,came ..
______________________E...._.R~__.Fl_QttL ..--------._...-.---...._.......
and Al~x B H.Q.o.d subscribing witnesses
to the foregoing Instrument of Writing,purporting to be the last Will and Testamen-:
Of C.yr..u6 Ec.h.ar..d ,deceased,who,being duly sworn,
according to law,did each depose and say that they were personally present and saw the
said c.yr.u.s E.cbar.d sign and seal the fore-
going Instrument of Writing,and heard him declare the same to be h~JL ..last
Will and Testament,when of sound and ~posing mind and memory,to the best of their
belief.That they signed their names as Witnesses thereto by request of the said
Testa ..:t.o.r.in his presence,and in the presence of each other.That they know
of no undue influence being used in making said Will or any later Will made .
as witness my hand and official seal.
.........H.e.rl;-ry R.·ri.i!.t~ri.!1.g:~.()~_ .
Register.
....E..•...R.,.:F..l.l).t..C).~.
....Ale.x B•....H.o.t'.d .
NOW H.OYA....4 19 ),..8 ,the testimony of the above witnesses
being adjudged sufficient,[do hereby admit the foregoing Will to probate and order the
same to be recorded as such.
Given under my hand,at Uniontown,the above date.
....H.!?.l'.1h.y.R.L.T..itt.e.r.tngt9.n Registel'
•
I,Cyrus Echard,of the city of Connellsville,county of Fayette
and state of Pennsylvania,being of sound mind,memory and understanding,do
hereby nake,publish and dedare the following to be my last will and testa-
m8"flt:-
First.-I direct that all of my just debts and the liabilities
of my estate be paid as soon as conveniently may be after my decease.
Second.-I give and bequeath unto my grandchild,Cyrus Kennell,
my di::>.rnond shirt-stud,and to my son,Thomas B,'-Echard,all my other personal
ef fects,including clothing,jewelry and furniture,to have and to hold abso-
lutely,and without inventory and appraisement.
Third.-I give and bequeath unto First Baptist Church of
Connellsville,Pa.,the sun of One Thousand ($1000.00)Dollars,to be paid
by my Executors hereinafter named as soon as conveniently may be after my
decease.In the event of my death within one month from the date hereof,I
give and beque3.th the said sum of One Thousand ($1000.00)Dollars to my son,
Thomas B.Echard.
Fourth.-I give and bequeath unto Metnodist Episcopal Church of
Connellsville,Pa.,the sum of Five Hundred ($500.00)Dollars,to be paid by
my Executors hereinafter named as soon as conveniently may be after my
decease.In the event of my death within one month from the date hereof,I
give and bequeath the said sum of Five Hundred ($500.00)Dollars to my son,
Thomas B.Echard,
Fifth.-I give and bequeath unto Caroline Echard,widow of
Christian Echard,my deceased brother,the sum of Fifteen Hundred ($1500.00)
Dollars,to be paid by my Executors hereinafter named as Boon as conveniently
may be after my decease.
Sixth.-I give and devise to my son-in-law,Charles H.Kennell,
and my grandchildren,Cyrus Kennell and Elizabeth Jane .Kennell,all that
certain lot of l?Jld situate on Race street in the city of Connellsville,
county of Fayette and state of Pennsylvania,upon \mich is erected a two
story,brick dwelling house,being the house in which they now reside,to
have and to hold absolutely,and in fee sL~ple,and in equal shares.
Seventh.-I give and devise to my eon-in-law,Charles H.Kennell,
and to my grandchildren,Cyrus Kennell and Elizabeth Jane Kennell,a certain
lot of land situate on Race street in the city of Connellsville,county of
Fayette and state of Pennsylvania,adjoining property of William R.Long
and property formerly of P.S.Nev~Y8r,to have and to hold the same absolute-
ly,in fee simple,and in equal shares.
Eighth.-I give &nd ~equeath to my son-in-law,Charles H.Kennell,
one hundred (100)shares of the capital stock of Etna-Connellsville Coke
Company,a corporation,to have and to hold absolutely.
Ninth.-I give and oequeath to my grandson,Cyrus Kennell,one
hundred (100)shares of the capital stock of Etna-Connells "illa Coke Company,
a corporation,absolutely,which said stock shall be held in trust by my
Executors hereinafter named,and turned over to the said Cyrus Kennell on
his arriving at the age of twenty-one years.In the event I do not have
sufficient stock of said Etna-Connellsville Coke Company,a corporation,to
make this bequest,and the bequest under item "Eighth,"then I give and be-
queath such amount of stock of Jackson Coal and Coke Company,a corporation,
as to make up any deficiency.
Tenth.-I give and bequeath unto my grandchildren,Elizabeth Jane
Kennell,child 0 f l!ly de ceased daughter,Myrtle Kennell,and Thomas Clifton
Echard,Richard Wharton Echard r~d William Robert Echard,children of my sun,
Tho~as B,Echm'd,the sum of Ten Thousand ($10,000.00)Dollars each,which
said sums shr~l be held in trust fuy my Executors hereinafter na~ed,and
invested by them in nortgages or other good securities,bearing as high a
rate of interest as reay be consistent with safety,and each of said sums,to-
gether with all accur:1Ulations thereon,les8 proper costs and expenses,shall be
paid to each of my said gr~1dchildren on their arriving at the age of twenty-
one years.In the event of death of any of my said grandchildren before
arriving at the age of twenty-one years,and without leaving any child or
children,"the said sum 60 bequeathed to him or her shall be come a part of my
residuary est::de,and sha11 be disposed 0 f as hereinafter provided.
Eleventh.-All the rest,residue and remainder of my estate,real,
personal and mixed,I give,bequeath and devise as follows:-
One-half thereof to my son,Thomas B.Echard,to have and to hold
tibsoLrtely.
The remaining one-half thereof I give,bequeath and devise to
Thomas B.Echard and R.S.Matthews,to have and to hold in trust for the
following uses and purposes:-
(1).To sell,either at pu bHe or private sale,with or v;ithout
notice,such part of said property,real personal or mixed,as the said
Truste ss may deem advisable,and for the best interests"of the said estate.
(2).To rolled and receive the income from all 0 f said property,
re-invest the proceeds of any sales which may be made in mortgages or other
good securities,bearing as high a rate of interest as is consistent with
safety.
(3).To pay all taxes,insurance and other costs and expenses in
connection with the ma.Ylagement and preservation 0 f the said estate.
(4).To pay the income fro~said estate,or such part thereof as
in the judgnent of the said Trustees may be deemed necessary,for the
support,rr.ai:-:tenaYlce and education of my grandchildren,Cyrus Kennell and
Elizabeth Jane Kennell.
(5).To pay one-half of the said trust estate,including the
accumulations thereon,less proper costs and expenses,to my said grandchild,
Cyrus Kennell,and the remaining one-half to my s,aid grandchild,Elizabeth
Ja~e Kennell,which said payments shall be made as follows:-
In the event the said Trustees shall be of the opinion that the,
said grandchildren,Cyrus Kennell ~~d Elizabeth Jane Kennell,on their arriving
at tho age of twenty-five years,are competent to reeeive,preserve and care
for said money or property,a sum equal to one-fourth of theil1 respective shares
shall be paid to each 0 f them c~t that time,and the remaining three-fourths
shall be paid to each of them on their arriving at the age of thirty years.
It is my intention that the said Trustees shall have full and com-
plate discretionary powers as to when said estate shall be paid to each of
said grandchildren,provided,however,that no part of same shall be paid
prior to their arriving at the age of twenty-five years,and provided,however,
that the same shall all be paid on their arriving at the age of thirty-two
years.
(6).No part of the principal of the trust here't¥created,or the
income derived t~1ere fror1,S:-Jall be liable to attachment in the hands 0 f said
'l'rustees for the debts or obligations of the beneficiaries,and said bene-
ficiaries shall not have the right to assign,trill1sfer or set-over any part
tber-eof to any person.
(7).In the evant of the death of either the said Cyrus Kennell
or Eli zabeth Jane Kem1e ll,prior to their receivin g the estate as above
n:6ntioned and set forth,and v,rithout leaving a child or children,then I
give,devise and bequeath the share of such grandchild to the survivor there-
of,to be held as herein set forth.
Twelfth.-For the purpose of carrying cut thc provisions of my
will,including the trust recited at item "Eleventh,"I hereby give and grant
ur:to my Executors hereinafter maned,full power and authority to sell,either
at public or private sale,any or all property,either real.personal or
mi xed,of which I may die seized,and my said Executors shall have full
power and authority to make good and sufficient deeds,conveying any and all
real eetate in fee simple,as fully and effectually as I could have done if
living,\~thout first procuring any order of Court.
Thirteenth.-I hereby certify that my son,Thomas B.Echard,is
not indebted to me in any s~~or sums,and that no charge against him shall
be made for any property which I may have conveyed or transferred to him.
Fourteenth.-I hereby nominate,constitute and appoint my son,
Thor:1as B,Echs.rd,and R.S.Matthews to be the Executors of this r:ly last will
and testament.
IN WITPESS '!.THEREOF I have hereunto set my hand and seal,this 18th
day of April,A.D.,1918.
Cyrus Echard (SEAL)
Signed,sealed,published and declared by the above named testutor
as and for his last will and test~~ent,in the presence,of us,who,at his
request,and in his presence,and in the presence of each other,have here-
unto subscribed our na~BS as witnesses.
E.R.Floto.
Alex B.Hood