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HomeMy WebLinkAbout1997_HANNA_GEORGE_95_92_07-06-1962_07-11-1962\3\ ~ ~\ l:t ~ ~ ~ t~/9'1 i I! 1 1iIiI .1 •I W 1 L L I'.I I 4.~f OF". - I ,GEORGE .T •HA.l\INA. " ··r " ./. " -I". I I .-, .. ~ J And now July ll,1962,lt being adjudged that said Will has been duly proved,it is hereby admitted to probate aud ordtired to be recorded, and Letters Testament9ry ar~ issued to Mellon National Bank and Trust Company,WhOSE proper o~ficer was duly qualj tied,and to Ethel L.Hanns, who was duly qualified• Josephine M.DouglAs, Ragister of Wills. HOWARD O.STEVENS ATTORNEY AT LAW MELLON BANK BUILDING CANONSBURG.PA• • • WJ..IJ.IJ -7;).....--,..~.AU'.c...,.CO \a,l' George Johnston Hannal also known as Application for 'ruhulE uf Ifill of.G.~..Qr.ge...J.~Hanu~also..kna:wn..as .. ...~..~!...~~~~.~late of ;J2.9.r.g.gg,h..9..LH.9.g,~.t9.P.:,g.~.!.ti~.!..~I.~l?~;Washington County, Pennsylvania deceEsed,and (!)rattt of ful'tttra w£alamtttlary. REGISTER'S OFFICE } WASHINGTON COUNTY,SS.: Before the Register of Wills of Washington County,personally appeared..~~~~~~.~a~d.Efg:l~i ..~1i~~~~~~.~.~.~...~.~~~~...~.~~~~.~~.~~~~ei~~d Trust George Johnston Hannal also known as duly sworn says that G.~9..:r.K~J..~H.m:ID.~9.J§.9 knQ.-w.n ~§G.,J.,HgJJ[l.g .late resident of Chartiers Twp. J?9F9~K~?:..9.LRg,~§~.9.P:..L ,Washington County,Pennsylvania,a citizen of...JJ..,s..,A.:~died Houstonl Pa. testate at ..~~.~~.~.~~~.~P.-.s:.~~L~).?W.::P!~.~§!..'./.on the ~.th day of...J.gJY.A.D.19 .9..g. aLJh.Q.9...:o'clock...P.m.,age.JUL leaving an estate of the estimated value of $"Y.!.:-.~~~.~~~.~!::~?. personalty,and $P.DSt~.t.~.r..m~P.:~g realty,said real estate being located in . ......................:::. The decedent's legatees and devisees are as follows: NAMi;;RELATIONSHIP RESIDENCE 915 West ,Pike Street Ethel L.Hanna S lrviving Wife Chartiers Townshio) {oustonl Washington Co. Mellon NatioEal Bank and Trust )':o-Trustees 40 South Main Street Company and (named in Washingtonl Pa. ) Ethel L.Hanna )Will.915 West Pike Street It.,;narner::>Town::>ruPI aouston.Washington Co. Pa. Pa. Testator has P:~~married and gg children have been born since the execution of the will offered for probate. Petitioner prays that the paper writing filed herewith dated M.9x.<;;:.h ;?!?.I J.~.g..Q .. may be admitted to probate as the last Will and Testament of said decedent,and to grant Letters Testamen- Mellon National Bank and tary thereon to _:r..r.g.~:t....c..Qml?,g.ny,and ~th~!...L.~H.?-:OO~.I E.~g.9.1JtQr..~ respective addresses are:40 S.Main St.915 West PIke Street whose/post office addxoox:xix Y!.~.!??~P~.~P.-.~;p.~.~~2~~~.9.P.-.~;p.~.!.. . .·I/.~t;l Mellon National Bank and Trust CompanyIda::;:~t~:~d~~;~::~::::'.:=:~~::~.l~;~::By ~~~~~......................................~...71J....t{)~......·~£..2·~;·~:;;..~~rysf"OfiiC'..r ·.............., I R steT v..;{7&.J.J\..t...&.<;f:i.:.v.f.'k..~. Ethel L.Hanna ~~:::~~i;'=~:~)~~~~~:9..~.~..:s::mes ..~~~~~.~':t.iQ~:~~:~~::'~~~~f~=~any, and Ethel L.Hanna~ I who being duly sworn doth depose and say:that...Jh~y will7 well and truly administer the goods andGeorgeJohnstonHanna~a k/a George J.Hanna~ chattels,rights and credits of ?:!!5-.f~Q.~;r..~~.~gg~A................................................................................................deceased, to the best of ~.~.~~:::...skill and judgment in strict co~pliance with the laws of t?is Commonwealth,mind- ful of the laws relating to inheritance taxes. Sworn and subscribed before me thiS.......1Jd..........MenOn National Bank and Trust Company~ day of.........-=,July 62 .//J ..///~~'../A.D.19 •By ~!f&...~#/~ ..............~......."•1./..,;'.1/.---;1/7 /l+..............:;:::~"J ;;of:.~;~~......·r..·u..~s..~7....f1-.. ...........41.I..&1Lr.K.v.t../....//L..~0..~..'L cer..R'lS.t~~·"""·"E"t·h..· l f...~/?•e L.Hanna "'""... ~ u.l H0+> +>;:::l u.l () C\l:;:::l:Q) CDl H:X. f-li ~: oi "O~~ M ...: l=::ct!1 l=:1 ct!1 §j i;., 0:"2~ct!: :lll +>: f\LEO :'" u.l:ct!1 p::1 :.... ;:::l: :0 'ti ~~ :~ Q) 0: .: u.t~ rn P::j ...--11 ...:li ctl ~ct!: Zj Q)'Hi ...--I: u ...--I:l=:i ~1 Q)0:;:::l:0:Q): Q ,.qj 1-;)1 'M: ,.q: l"~"l ltl.11 Pt·,:3 :4S >~ +>:+>: :'·j'4 v ~i ~ct!:~~ 'ti ZI "0 1 E-d 11* 0:Q)l=:1 Cf.l\ k ....l=:1 JOSt.PH\,N~~i.OOUGlAS I 01 I:l 0:ct!1 oj p:n ctl ...--I: REG\S\T\~Of W\llS I-<d ...--I :;>,1 I ....;Q)1 l=:: Ef,C ''1'''1)'"'LEPK 0 C ~1 0 rn ~~ct!i \-~t~r L,'v \.' Q) I-<p..: ~1 Q)..........0 si ~1 ctl ......... ~Q)I:l ~~ ~~0u 0;::It ,..I.. I,GEORGE J.HANNA,of the Borough of Houston, County of Washington,Commonwealth of Pennsylvania,do make this my Will,hereby revoking any and all Wills at any time hereto- fore made by me. FIRST:I direct that the expenses of my last illness and funeral be paid out of my estate as soon as may be convenient after Iny death. SECOND:I give,devise and bequeath unto my wife, ETHEL L.HANNA,the real estate located at 915 West Pike Street, Houston,Washington County,Pennsylvania,together with all house- hold goods or tangible personal property located therein,and any policies of insurance covering the real estate or tangible personal property,to be hers absolutely.In the event my wife predeceases me,this legacy shall lapse and become a part of the residue of my estate. THIRD:I give and bequeath any and all other tangi"::lle personal property,together with any policies of insurance thereon, to my wife,ETHEL L.HANNA;PROVIDED,however,that if she fails to survive me for a period of sixty (60)days,I give and bequeath to my surviving Bon,Paul J.Hanna,so much of said property as he may select,and the rest shall be sold and the proceeds added to my residuary estate. FOURTH:If my wife,ETHEL L.HANNA,survives me,or 1S presumed to have survived me as hereinafter provided, I give devise and bequeath to MELLON NA TIONAL BANK AND TRUST COMPANY and ETHEL L.HANNA,in trust,nevertheless,for the uses and purposes hereinafter set forth,a portion of my estate, hereinafter referred to as TRUST A having a value equal to fifty (50%)per cent of the value of my adj"t:.sted gross estate as finally determined for Federal estate tax purposes,less the value for such purposes of all interests in property and proceeds of insurance on my life,if any,which pass or have passed to my wi::e under the other provisions of this Will or otherwise than under this Will,but only to the extent that such interests in property and proceeds of insurance are included in my gross estate for Federal estate tax purposes and qualify for the marital deduction.This portion of my estate,undiminished and unaffected by any estate,succession,legacy or inheritance taxes,shall be paid and transferred by my Executcrs to the Trustees,either in cash or in kind,or partly in cash and partly in kind,at the values finally determined for Federal estate tax purposes. (A)For the purpose of this Article of my Will,if my death and the death of my wife occur under such circumstances that there is no sufficient evidence that we have died otherwise than simultar_eously, I direct that my wife shall be presumed to have survived me,and :iny presumption of law to the contrary shall not be applicable. (B)Notwithstanding anything to the contrary contained in this my Will,I direct that there shall not be allocated to "Trust A II any property or the proceeds of any property which would not be allowed as a part of the marital deduction in determining the Federal estate tax on Illy estate. - 2 - (C)During the lifetime of my wife,ETHEL L. HANNA,the Trustees shall pay the net income (hereinafter called "Income l'from"Trust All quarter-annually to her or for her benefit and shall pay to her in addition such sums from principal as she may from time to time request in writing,even to the exhaustion thereof. (D)If such Income shall be insufficient in the opinion of the Corporate Trustee to provide for the welfare,maintenance and support of my wife and she is for any reason unable to exercise her power of withdrawal,the Corporate Trustee is authorized in its dis- cretion to use so much of the principal of "Trust A II as may in its opinion be advisable the refor. (E)The right of my wife to the Income of "Trust All shall not be subject to assignment,alienation,pledge,attachment or claims of creditors. (F)Upon the death of my wife,the Trustees shall transfer and deliver the remaining principal of "Trust A ",together with any accrued or undistributed Income thereon,to or for the bene- fit of such one or more persons,corporations or other organizations, including her own estate and creditors,in such amounts and subject to such trusts,terms and conditions as my wife may by her Will making specific reference to the power herein granted appoint.In the event of her failure so to exercise this power,the remaining principal of "Trust A"and any accrued or undistributed Income shall be added to and become a part of the principal of "Trust B",created under the terms cf Article FIFTH of this my Will,to be continued in trust or distributed upon the death of my said wife as is provided III said Article. - 3 - FIFTH:All the residue of my estate,real and per- sonal,and wherever situate,hereinafter referred to as TRUST B I give,devise and bequeath to MELLON NA TIONAL BANK AND TRUST COMPANY and ETHEL L.HANNA,IN TRUST,NEVERTHELESS, for the following uses and purposes: (A)The Trustees shall distribute the Income and principal of "Trust B"as follows: (1)During the lifetime of my wife,Ethel L. Hanna,the Trustees shall pay the net income (hereinafter called "IncomeII)quarter -annually to her or for her benefit. (2)Upon the death of my wife,or upon my death if she does not survive me,the Trust shall terminate and the then principal and any accumulated income shall be distributed to my son,PaT~l J.Hanna,or his issue,per stirpes,subject,however, to the provisions of the minor beneficiary clause hereinafter contained. (B)In the event that any payment of Income hereinbefore authorized to be made to any beneficiary shall be insufficient in the opinion of the Corporate Trustee to provide for the welfare,comfort, recreation,support and education of such beneficiary,the Corporate Trustee is authorized in its discretion to use from time to time so much of the principal of the trust from which such beneficiary is then entitled to receive Income as may in the opinion of the Corporate Trustee be advisable therefor;PROVIDED,however,that no principal shall be used for the sole benefit of my wife,Ethel L.Hanna,until the principal of "Trust A II shall have been exhausted. (C)If any minor becomes entitled hereunder to a share of princi?al or to the Income therefrom,such share shall be retained by the Trustees;and so much of the Income and principal as the Trustees - 4 - may deem necessary for the minor's welfare,comfort,recreation, support and education shall be paid by the Trustees to the person having cus tody of such minor,without liability on the part of the Trustees to see to the application thereof,or shall be applied directly for those purposes by the Trustees,and any Income not so expended shall be added to and become a part of the principal,to be invested hereunder.Any unexpended principal and income shall be paid to the minor at majority.If such minor dies during minority,the minorIs share of principal and any undistributed Income shall be distributed to those persons entitled to receive his or her personal estate;PRO- VIDED,however,that if any such person is then an income beneficiary under any trust under this paragraph or any other provision of this Will, his or her share shall be added thereto. (D)The interests of the beneficiaries hereunder shall not be subject to anticipation or to voluntary or involuntary alienation; and the princiFal and Income shall be paid by the Trustees direct to or for the use of the beneficiary entitled thereto,without regard to any assignment,order,attachment or claim whatever. (E)Inco::ne accrued on any property received by the Trustees either at the inception of the trust or as an addition thereto shall be treate:i as inco::ne and not as principal.Upon the death of any beneficiary of Income,any undistributed Income in the hands of the Trustees held for such beneficiary at the time of her death shall be paid to the person or persons for whose benefit the principal pro- ducing such Income is continued in trust or to whom it is distributed under the terms of this Will. SIXTH:In acting as Trustees hereunder the Trustees shall have full power and authority,without the necessity of obtaining the consent of 3.ny court,to do all acts,to execute,acknowledge and - 5 - deliver all instruments and to exercise for the sole benefit of the beneficiari~s hereunder any and all powers and discretions which would be lawful for them were they in their own right the actual owners of the property held in trust,including by way of illustration,but not limitation,any or all of the following: (1)To accept in kind any investments or other property,real or personal; (2)To retain any or all securities and other property,real or personal,which at any time nay be or become a part of the Trust Estate,as well as any property into which the same or any part thereof niay be converted by reason of any reorganization, recapitalization,consolidation,merger,liquidation, exchange or other transaction,for such time as the Trustees shall deem advisable; (3)To sell,convert,assign,convey,exchange, transfer or otherwise dispose of,or grant options with respect to,any or all securities or other property,real or personal,at any time constituting part of the Trust Estate,at public or private sale,for such consideration and upon such terms and conditions as the Trustees shall de~m advisable,and without liability on the part of the purchaser to see to the application of the purchase money or to inquire into the validity or propriety of such sale; and to execute and deliver good and sufficient deeds for any real estate,conveying title free and clear of all trusts; (4)To hold in the form of cash,awaiting distri- bution or desirable investments,such portion of the Trust Estate as at any time and from time to time the Trustees - 6 - in their discretion shall deem advisable,without liability to account for interest thereon; (5)To invest and reinvest the Trust Estate or any part thereof in any kind of property,real or personal,or part interest therein,including,without limitation,mortgages or mortgage participations, common trust funds,common stocks,preferred stocks, bonds,notes,and other securities,regardless of whet!l.er the same are legal inves tments for trust funds as now or hereafter defined by law,whether by statutory enactment,judicial decision or otherwise; (6)To manage and operate all real estate at any time held hereunder;to lease all or any part of the same for such terms and rentals and upon such conditions as the Trustees shall deem advisable,not- withstanding the terms of such lease may extend beyond the life of any trust hereunder;to release,partition, vacate or abandon the same;to grant and acquire licenses and easements with respect thereto;to make improvements to or upon the same;to construct,de- molish,alter,repair,maintain and rebuild buildings and other improvements;and to use other assets of the Trust Estate for any of such purposes; (7)To carry the securities and other property held hereunder either in their own names or in the narr_e of a nominee; (8)To vote,in person or by proxy,all securities held hereunder;to join in or to dissent from and oppose - 7 - the reorganization,recapitalization,consolidation, merger,liquidation or sale of corporations or properties;to exchange securities for other securities issued in connection with or resulting from any such transaction;to pay any assessment or expense which they may deem advisable for the protection of their interests as holder of any such securities;to deposit securities in any voting trust or with any protective or like committee or with a trustee or depositary; to exercise any options appurtenant to any securities for the conversion thereof into other securities;and to exercise or sell any rights is sued upon or with respect to the securities of any corporation;all upon such terms as the Trustees shall deem advisable; (9)To prosecute,defend,compromise,ar- bitrate or otherwise adjust or settle claims in favor of or against the Trustees or the Trust Estate; (10)To make division or distribution of any trust hereunder in kind or in money,or partly in kind and partly in money,to determine the fair value of the property then being placed in trust,divided or distri- buted and to allot different kinds of or interests in property to different shares;the Trustees may take any action that may be necessary or proper in making any such division or distribution,and the designation, division or partition of any or all of said property,real or personal,shall be binding and conclusive upon all persons interested therein. . - 8 - The Trustees shall have full power,authority and discretion to deal with any situation which may arise respecting the Trust Estate or any part thereof in such manner as they shall deem advisable and for the best interests of the trust.The grant to the Trustees of any specific power,authority or discretion,or the failure to grant specifically herein any other power,authority or discretion,shall not be construed to limit or curtail in any way or to any extent said lull and complete power,authority and discretion which it i3 intended and directed shall be ~xercisable at all times by the Tr°.lstees respecting any and all matters of whatsoever character pertaining to the Trust Estate or any part thereof. Notwithstanding the foregoing,in dealing with "Trust A" the Trust~es shall have no power,authority or discretion the possession of which would disqualify such trus t for the purposes of the marital deduction under the Federal estate tax laws. SEVENTH:The Corporate Trustee shall be entitled to receive a::lnually compensation for its services hereunder in accordance with the schedule of compensation of the Corporate Trustee currently in effect when the services are performed,but not in excess of such compensation as would be approved by a court of competent jurisdiction. EIGHTH:(A)The Corporate Trustee may resign at any time o-:)y petitioning a court of competent jurisdiction to designate and appoi:J.t a successor corporate Trustee.At such time as the successor Corporate Trustee shall accept the trust,the Trustees shall deliver to such successor Corporate Trustee the securities and other property then cons:ituting the trust or trusts hereunder.The receipt of such successor Corporate Trustee shall constitute a full and complete release and dischaorge of the Corporate Trustee hereunder.In case of the merger or consolldation of the Corporate Trustee,the resultant company shall become succes sor Corporate Trustee without notice to any party. - 9 - (B)Every successor Corporate Trustee shall have all the rights,powers,titles,privileges and duties,whether discretionary or otherwise,herein given to the original Corporate Trustee and shall be subject to the same reservations,limitations, terms and conditions. NINTH:I hereby appoint MELLON NA TIONAL BANK AND TRUST COMPANY and ETHEL L.HANNA Executors of this my Will,giving and granting to my Executors the same broad powers of retention,sale conversion,investment and management of my estate, real and personal,as are granted to my Trustees under this Will,and in addition the right to distribute my securities or other property ir- kind to my Trustees. V TENTH:I direct that all estate,inheritance and other taxes in the nature thereof,together with any interest thereon,becom- ing payable because of my death with respect to the property constituting my gross estate for death tax purposes,whether or not such property passes under this Will,shall be paid from the residue of my estate passing under Article Fifth hereof;and no legatee or devisee or any person having a beneficial interest in any such property,whether under this Will or any codicil thereto or otherwise,shall at any time be re- quired to refund any part of such taxes.In the absolute discretion of my Executors such taxes may be paid immediately,or the payment of taxes on future or rernainder interests may be postponed until the time possession thereof accrues to the beneficiaries;in which event such taxes shall be paid by the Trustees out of the principal of the trust subject thereto. IN WITNESS WHEREOF,I have hereunto set my hand and seal this ::?.s-day of ~,1960. (SEAL)--------:,L-..J-----.H'------------ -10 - Signed,sealed,published and declared by GEORGE J.HANNA,the Testator above named,as and for his Will in the presence Jf us who,at his request,in his presence and in the presence of each o;:her,have hereunto subscribed our names as witnesses hereto. -11 - QIomntoUlUraltl1 of Jrnusyluanta Bu.aqtngton mountg ..a.a: BE IT REMEMBERED,Th,t upon 'hiS ..i.;..:ti.;;;;day OL ff . 19:6.r5.1.,befo",.meQu;~7ll....~~:Reg"t",fO'the pcobate of W,lIs an~yan,,~ett.'"of Admrs,catlOo w,thm a.:-fo,,..d county,came ;;?:;,..;:..:..>},../..~Ct..J.ik~.'t.d~7#..,:::~z~. .........................................................................................7}the subscribing witnesses to the foreg'oing attached Will of.:2IM~·zt·~········· 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...~sign the same-heard ~~PubliSh it as and for ..~..last Will and Testarr.ent;that they at...~request,in..~..~presence,and in the :presence of each other,subscribed their names thereto as witnesses;and at the time of the doing thereof said testat~was of sound,disposing mind,memory and understanding,to the best of the affiants' knowledge and belief. Sworn and Subscribed Before ::We ILED 1562 JUL 11 PM 3:45 JOSEPHINE M.DOUGLAS REGISTEU OF WILLSEX-OfFICIO CLEHK O.C.