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.