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HomeMy WebLinkAbout2020_DUKE_FRED_127_935_12-14-1977_01-13-1978I ------~ i, I I .. 63-78-41 LAST WILL and TESTAMENT LAST WILL AND TESTAMENT OF FRED DUKE--- " • And·now January 13,1978,it being adjudSed that said will ha~been proved,it is hereby admitted to pro- bate and ordered to be recorded and Letters Testamentary are tssued to Myrtle Duke in said testament named who was duly qualified.Harvey stuart,Register AUGUST L.SISMON:DC ATTORNEY AT LAW CaRNEll!:F'aU"TH ST.ANO F'AL.LdW,,'ELD AVE CHARLEROI.PA. • W.B.VOL.127 PAGES~S-f<.1? ----------------------------------------------/1 Ap.plirutiol1 fur ltlrohatr of IItl1 uf.~~.~??..~~.~~:~. •..._..late of ~.~.~.~.?~!..~.~.~9.-!.?:::.~.~~.~?...~~?~.::.~.~E?.~.!_,\Vashington Cou nty, Pennsylvania deeensed,and 0;""",,(>:,"'"m,n',m,nlary.~3 '78 _.-;1/ REGISTER'S OFFICE,t SS.:/ WASHINGTON COUNTY,f Before the Register of Wills of Washington County,person::!ll)'appe::!red ~y..:.~.~~._.~.~~.~_who being Fred Duke .d~Xlsr3~.i~IJh¥w:p·:..;····..·····..··..··..·········_········__late resIdent of _.~.~~.::.~.~_:..?~,Washington County,Pennsylvania,a citizen of.Y..::.§..~.!.?:.~___died testate al..~?~:.~~~.~.:'~.~.:?..~.!~.!::on the~.~..~.~day of P~g.~~.~.E A.D.19 7..7... al..o'clock.:m.,age leaving an estate of the estimated value of $~g.p..~. personality,and $.?:..??..?...:..?..9 realty,said real estate being located in }..:..?~~E.~.~~.~_. Fallowfield Twp.,Washington County,PA The decedent's legatees and devisees are as follows: NAME RELATIONSHIP RESIDENCE R.D.#2,Box 275 A Myrtle Duke Daughter Charleroi,PA,15022 Hazel Duke Spahr " Helen Duke Shipe " .' . Testator has P?.~married and D.Q chiluren have been born since the e~e,cution of the will offered for probate. Petitioner prays that the paper writing filed herewith dated_?~p.:!::~.~?.~E ~.~..!~.?...~..~_.. may be admitted to probate as the last Will and Testament of said decedent,and to grant Letters Testamen- .Myrtle Duketarythereonto_______.__..___..__.. whose postoffice address is ~.~..r?..:J.?..!~?..~?..??!::..!~.b:9:E.~.~.Eg.~.!._~.~./..:!..~.Q}.?_. SW~)rIl 1.0 a subscribed bdore me thiS...~d....... CO:\ll\lONWEALTlI OF P£NNSYLVANIA,}ss . WASIIlNGTON...COUNTY,.. And now_._2U({V £_,19..£romes.12y.f.?.!.-.J.,E A£[_. who being duly ~orn cloth depose ano say that.....~j..~will well and truly administer the gocx1s and chat- .tels,rigllts and credits Of £I?£.)).D./I.t{£..,_deceased, to the best of4~..Ckill and judgment in strict compliance with the laws of this Commonwealth,mind- ful of the bws relating to inheritance ta..xes.. Sworn and subscribed before me this ~~'....9.1l~.~.._-_._.__._..... ................................................................................._. '"$ >...,a....o13-<..N No If) (1)rl ~;::i Cd ~~H(1)t.'J :>~~~~P; s::..o (J)Cd·.-iZ~(1)0~(1);:'::<Hs::0 (1)HH~rl Cf.l 0 HCf.l+JrlCd~+JO..c:CQ~""'U 28 F'/L ~78(1);~1;::ifOJ (1)1 rl!+J: H!~!~I o....I=:~ 0> rl CJ) 1-0 Q)........Q) ...:l Q)1;; ...:l ..!~ 0-<10'.-i:.j.J ..c:10l(J):~~~.-i~i..c:O:(J) E-i!CO'Orrl:...(1)~.-i ·.-i!O4-J:H~!(1)~oH +JrlEH~.rl!CO ;::i "0cofA02Ii1lUU@ :1-0!(j.....:o ~~~.....:~I -~;~i~ll~1I)~;:'::<;"0I0:Q) I :::01 ~.-:~ 11 0;Q)f.ilE~-p:::;li1i !~ I! ".-::, O1ounty of mU11l1ington,1111. Personally appeared Register's office,,;.<3 ~A.D.19 ..7§. ............A:g,m.~t I:!.t §.j,.~mQP.:gQ one o"X·..~~~~cribing witnesses to the foregoing last will and testament of.._.f..:r.~.g ~~......................................................................deceased, and on hJ:.~solemn .Q~~h did say that..h~was present,and did see and hear ..........f.r..~~;t ..~.~.~,Deceased,the testa~9..r.therein named,sign,seal,publish and declare the same as and for h.~.e last will and testament,and that at the doing thereof ..........~.~was of sound disposing mind,memary and understanding,to the best of the affiants'knowledge and belief. Sworn and subscribed.................................................................................... ..~~.~~:~_.. REGISTER'S OFFICE ~.'3.P.-.~2 A.D.19..7.?.. Personally appeared ~.~.~g..<?.2P.~E.!~.~..!~.~~.~.~.~.~.~J.?~~.?.?.p.~.~.. whJ,after being duly qualified according to law,deposes and say that they are well c.cquainted with the handwriting of ·:f..r.~¢.1.~.~.~,Deceased,Testator to the foregoing .September 21,48.WIll dated 19 ,and that the slgnatme of said .f;r..~.¢.I.M~,~is in his ~ own proper handwriting,as they,the affiants,verily believe. one of Also,tha/the subscribing witnesses are not now within thh jurisdiction. Sworn......................................................................................and subscribed ........~..../.b .. ...~~~~~..,~.. J } .... LAST WILL AND TESTAMENT KNOW ALL MEN BY THE Si!:PRESEHT S that I,1<~,2;D DUKE,a widower,resident of Fallowfield Township,Washington County, Pennsylvania,being of sound and disposing mi~d,memory and understanding,do he~eby make,publish and declare this to be my Last Will and Testament,hereby revoking any and all former ~ills, by me at any time heretofore made. And as to all of my Estate,real,personal or mixed,of which I shall die seized and possessed,or to which I shall be entitlEd at the time of my decease,I give,devise and bequeath as follows,to wit: FIRST:I direct the payment out of my estate of the expenses of my last illness and funeral. SECOND:(a)I give,devise and bequeath all the rest, residue and remainder of my estate,of every kind whatsoever and wheresoever the same may be situated:including my house and farm of 3.7 acres,more particul~rly bound and described as follows:- All that part of the Maple ~errace Plan situate in Fallowfield Township,Washington County,Pennsy- lvania,bound and described as follows:- Beginning at a ~oint at the Southeas~ern corner of said plan,which is of record in Washington County in Plan Book 5,page 60,wh~ch corner is on the Western side of the public road leading from Hodgers School;thence North 57°30'West along line of land of Joseph Andrews,et ux,a distance of 435 feet, more or less,to a cherry tree;thence North 55° West a distance of 457 feet to an unnamed street; thence along same in an Easterly and Northern direction to the public roaj aforesaid;thence along same in a Southwesterly direction,a c.istance of feet, more or less,to the place of beginn~ng-.--- The same containi~g 3.7 acres,and being covered by a declaration of trust,dated June 6,1917 and of record in Deed BoJk Vol.449,page 566. Excepting and reserving therefrom all the n~tural gas ar-d oil under said Lot,but no wells shall be drilled on the same for eitcer. Excepting and res3rving alse the Freeport or lower vein of coal,together with the right to mine and remove the same and to tran~port other coal throu6h the same without liability for damages by reason of mining and removing and transporting of said coal and other coal. unto my daughter,MYRTLE Dur~,to ha,e and to hold the same unto her,her heirs and assigns forever. (b)It is my desire and ea~nest hope that my daughters HAZEL DUKE and HELEN DUKE,be allowed and permitted to reside in the above mentioned ho~se as long as they remain unmarried. I I hereby declare that thiE ::-equest s~J.all not be cognizable in any Court of law or equity,sc as not to impair or in any way limit I title to the above devisee.real estate. THIRD:I direct that all estate,inheritance and suc- cession taxes on property passing under this my y~ill shall be paid out of the principal of my general estate to the same effect .1 j as if said taxes were expenses of ad~inistration,and all legacies devises and other gifts mE-de by this my wvill shall be free and clear thereof. FOURTH:I nominate,constitute and appoint MYRTLE DUKE, Executrix of this my Last \ill and Testament,and I direct that she shall not be required to enter security in any jurisdiction in which she may act. IN WITNESS WH~REOF I have set my hand and seal to this my Last Will and Test~~ent,which consists of two pages,to each of which I have affixed my signature,this '2[4"d ay of ~1";A ....A.lrA \ One thousand nine hundred and forty-eight (1948). ---+-z~~~c/~1f2""""f~~:;..L..-1II__(SEAL),Fred Duke Signed,sealed,published and declared by Fred Duke,the above named testator,as and for his Last ~HII and Testament,in the presence of us,who a0 his request,in his presence,and in the presence of each other,all being present at the same time, have hereunto subscribed our names as witnesses.