HomeMy WebLinkAbout2029_CANTON_JOHN_129_248_03-21-1978_06-23-19780 ~c
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63-78-643
WILL
I
~~~
of
JOHN DAL CANTON
And now June 23,1978,i.t being ad-
judged that said will has been
proved,it ;is hereby admitted to pro-
bate and ordered to be recorded,m!d
LeT.T.ers Testamentary are issued to
Lena Dal Canton in said testament I-t.
named who was duly qualified.
Harvey stuart,Register
LAW OFFICES
KAUFMAN &HARRIS
OLIVER BUILDING
PITTSBURGH.PA.15222
W~13.Vol.129 PAGES B1f--??SZ
1\JIj ~II r(l tillll .1'111'11rlll)II il\t1r nIir{11 L......;,wiN...iAL...CANI.O.N...al.kJ.a...J.aRH...Db.LCAN.1:lJN............./
IU:GJSTJo:WS OFFICI':,I ('S
\VASIIl:\G')O~COU0!TY,1"':
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Defore thc ncgi:;tcr of \Vills of \Va:;hillhtoll
_late resident of
County,pcr~Jn:11J)'.oppc:m:tl...Lena Da1 CantQn
John Da1 CantondutyswornS:l)'S th:lL ..._
CanonsJurg .Pl'____________,\Vashington County,Pcnnsyl\":lniJ,:l citizen oL..ennsy vanla'
who beinG
died
Pitt$burgh,Pennsylvania .21sttestatcat...•on the cloy of March .78____--..A.D.19__
al.l_1_2_:4_5_o'c1ocL-A'm.,:lti~_6_7 lcaving-In estJte of the cstim::ted \':llllC of $_.loIuJ..ln~k,!Jn~o""wn.u...._
personJlit)',:lnd S__n_o_n_e re:llty,said rCJl est:ltc being located in ....
The decedent's leg:ttees :md de·..isees are as follows:.\
-
!'A3lE Jl.ElATIO:O;SHIP I Jl.ESIOF.:\Cf.
...631 Hutchinson AvenueLena:Cal Canton lJife Canonsburg,Pa.15317'.
1205 Denniston AvenueDavidDa1CantonSonPittsburgh,P·a.15217
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not '.no .Testator ks....._....._..._..m:nflcd :111d_.__.._...._...__...chJ1tlrrn h:ll'c been born since the
execution cf the will orTered [(If prob:ltc.
1 July 17,1975PctiliOlltrpr:1)'s th:1l the p:Ilx:r writill£;ftled herewith <\:1t('(__..._....._._._
,IO•••••II '•••HII"h •••••',.."••,,,n !t ·.·,..••••
In:l)'be ;)(lmitlcll to pr0b:1tc :Ie,the bst \\'ill Jll\1 Tc~t:lll\('nt of s:\i(1 dcct't!cnt,:111\1 to Grant Letters Tcst:lI1\t'n-
Lena Da1 Canton .tnr)'tllcrCC'I\to _..___..__.._.__•..._..·__··__·.._·..·---.-.•-----.--..-----.-.--..-.--.---
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SWIll'll to flllll sul>scribnl bef\I\('ll;e this...&~........
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JOHN
June 78LettersGrn.nted__..._..__. ".19_
-2.-2
Dccenscd.
Attorney
Lena Dal Canton
Unto ...__..__........_......
Late of Canons~:':!..l?i"'_"~M"_._----
...,
:'-_J Q...-.../
-IY~(_,1-••-.._'I Lawrence W.Kaplan...-.~,.-,..
'Frances O.Tennant
1-'I.--r-.Kaufman &Harris
.......-----..,>624 Oliver Building(-')'-==:;.,-~Rittsburgh,Pa.15222::'c ~<..?
."0 ll.J '-.:471-3488Xr--
(tTnmmnuwralt4
1IlIIttll~ingtl1n aLl1Unty.llll:
nf Jruunyluattia Y
BE IT REMEMBERED,That upon this ~.3r..4.day of J.@.~..
19 .?.f!:..,before me ~.~~.y..~.Y.?.~~§!E.!~Register for the probate of
Wills and granting Letters of Administr~.tion within and for said county,came ..
Peter Elish and Agnes Elish
............................................................................................................the subscribing witnesses to the foregoing attached Will of
...............................J.QhP...J!.§..±g.sD:t.9.D:§..~.s J.Q.t\.)1 p.§..J:~.sD:t.9.D:..
deceased,who,after being duly qualified -according to law,depose and say:That they were present at the
. f 'd W'll 1 xXx or .h l'd NRx hiIIL bl'h . d f .executIOn 0 saIl-saw t le testat..............................sIgn t e same-leal }lu IS It as an 01
his 1 W'll d T h 1 hi q •his d'h.......m -ast 1 an estament;t at t ley at../rl.request,III presence,an III t e
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
~~....
·.
W ILL
I,JOHN DAL CANTON,of the County of Washington,State
of Pennsylvania,do hereby make this my Will,hereby revoking
any and all prior wills.
FIRST:I appoint my wife,LENA DAL CANTON,my Executor
and Trustee of the Trust created for her benefit under Clause THIRD,
and my son,DAVID DAL CANTON,or if he is unable to serve for any
reason,my daughter-in-law,CAROL DAL CANTON,my Trustee under
Clause FOURTH,and successor or alternate Executor if my said wife
shall fail or cease to act as Executor for any reason.I direct
that the individual who may be acting in either of the foregoing
capacities shall have the right to designate and appoint additional
Executors or Trustees,including any approved trust company in
any jurisdiction and I direct that none of my Executors or Trustees
shall be required to give bond in any jurisdiction.
SECOND:I give and bequeath to my wife,LENA DAL CANTON,
or if she fails to survive me,my son,DAVID DAL CANTON,all house-
hold goods,jewelry,automobiles,and other personal effects,if
any,that I may own at the time of my death,together with any
insurance thereon.
THIRD:(A)If my wife,LENA DAL CANTON,survives me,I
give,devise and bequeath to my Trustee a portion of my estate,
the value of which shall be computed and determined as directed
in paragraph (B)of this Clause THIRD,without deduction for any
tax,notwithstanding that my Executor may elect to treat adminis-
trative expenes as income tax deductions,or may elect date of
death values instead of lower optional values for estate tax purposes.
L--~-~
or may elect to compromise or settle issues in estate or inheritance
tax proceedings,which I hereby direct she or he shall have the
power in her or his discretion to do.Said portion of my estate
shall be held,IN TRUST,to pay to my wife during her life all
of the income and so much of the principal of this trust,even
to the extent of all thereof,as my Trustee in her or his discretion
taking into account all circumstances pertaining to her situation
and needs,may deem necessary or suitable for her comfortable
support,maintenance and welfare;and upon her death to dispose
of the then remaining principal of this trust,if any,as she
may appoint in any manner,outright or otherwise,and in favor
of any appointee or appointees she may designate in her sole
discretion,whether in favor of her own estate or in favor of
any others;and in default of such appointment expressly disposing
of the then remaining principal of this trust,I give,devise
and bequeath the remaining principal to my Trustees under Clause
FOURTH hereunder.
In the event of my death and the death of my
wife as a result of some cornmon accident or cornmon casualty of any
kind,or under any other circumstances creating any doubt as to
which of us survived the other,I hereby direct that,unless it
can be proved that I have survived my wife,my wife shall be
presumed to have survived me,and any presumption of law to the
contrary shall notbe applicable.
(B)I direct that the value of the portion of my
estate which shall pass to my Trustees under paragraph (A)of this
Clause THIRD shall be computed and dffBrmined by subtracting from
the amount of the maximum marital deduction allowable for Federal
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estate tax purposes the aggregate value,as finally determined
for Federal estate tax,of every other property interest which
passes to my wife (whether or not it passes under this Will)and
which qualified for the marital deduction,to the end that the
bequest under this Clause,when added to all other items which
qualify for the marital deduction,will result in obtaining the
maximum marital deduction for Federal estate tax purposes;and
I direct that only assets which qualify for the marital deduction
shall pass under this Clause and only at their values as finally
determined for Federal estate tax,disregarding their value when
received by my Trustee,provided that the value on the date of
distribution of the assets that pass under this Clause shall not
be less than their values as finally determined for Federal
estate tax,notwithstanding any contrary provision in this Will;
and if the Trustee shall retain beyond a reasonable time any
property which may be or at any time may become unproductive or
shall invest in unproductive property,my wife,the said
LENA DAL CANTON,may compel the Trustee to sell the same and to
reinvest the proceeds of such sale in income-producing property.
In computing the value of the portion of my
estate which shall pass under this Clause,and determining the
value at which any asset shall pass to my Trustees,the final
determination in the Federal estate tax proceedings shall control;
and any earlier distribution to my Trustee unde~this Clause shall
be subject to appropriate adjustment upon such final determination.
FOURTH:The residue of my estate,real and personal,I
give,devise and bequeath to my Trustee,IN TRUST,for my wife,
LENA DAL CANTON,to payor apply to her or to her use so much
of the income and principal as my Trustee in his sole and absolute
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discretion,taking into account all circumstances pertaining to
her situation and needs,may deem necessary or suitable for her
support,maintenance and health,and any income not so applied
shall be accumulated;and upon the death of my wife or upon my
death if she does not survive me,any remaining principal and
accumulated income shall continue to be held by the Trustee
hereunder for the benefit of my son,DAVID DAL CANTON,to pay
or apply to him or to his use or to the use of his wife or children,
or my sisters-in-law,Elsa Baker and Helen Zendron,so much of the
income and principal of this trust as my Trustee in his sole and
absolute discretion,taking into account all circumstances pertaining
to his situation and needs and the situation and needs of his wife
and children,and my said sisters-in-law,may deem necessary
or suitable for their support,maintenance and health and for the
education,including college and professional education,of his
children,and any income not so applied shall be accumulated;and
upon the death of my said son,I give,devise and bequeath any
remaining principal and accumulated income to any appointee or
appointees he may designate in his will,except his creditors,
his estate or the creditors of his estate;and in default of
such appointment expressly disposing of his share,any remaining
principal and accumulated income shall continue to be held by the
Successor Trustee hereunder for the benefit of his children under
the same terms and conditions;and upon the death of the last to
die of the children of my said son,I give,devise and bequeath
any remaining principal and accumulated income of the share of my
son,per stirpes,to his issue and in default.of issue to his
heirs in accordance with the laws of Pennsylvania then in effect
relating to intestacy.
FIFTH:I direct that my executor and trustee,in
addition to and not in limitation of any authority given to them
by law,shall have the following powers:
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(a)For any purpose of administration or distribution
and without being confined to what are known as "legal investments",
to acquire by purchase or otherwise and to alter,improve,partition
and retain,whether productive or unproductive,or to sell,at
public or private sale,and to pledge,transfer,mortgage,lease,
exchange,or grant options for purchase,lease or exchange and
otherwise to deal in,any interest in any kind of property,real
or personal,for such prices and upon such terms as to cash or
credit,with or without security,as they may deem best,and to
grant and convey good and sufficient title,or to engage in any
business activity,as sole owners,or as co-owners with others,
in corporate or unincorporated form,without liability on the part
of any purchaser or lender or other persons so dealing with my
executor or trustee to see to the application of the purchase
or consideration moneys and with power to do all things and make
any and all contracts covering any estate property that my executors
or trustees could do or make if they owned the estate property in
their own rights;
(b)To join in any plan of lease,mortgage,con-
solidation,exchange,reorganization,liquidation or foreclosure
of any corporation in which my estate may hold stocks,bonds or
other securities;
(c)To enter into leases upon such conditions and
rentals and for such term or terms,whether expiring before or after
distribution of my estate or termination of the trust created under
Clause THIRD as they deem advisable;
(d)To determine absolutely and finally any doubts
or disputes about the valuation of particular property;
(e)From time to time to constitute and appoint a
proxy or proxies to vote for them any of the securities of my
estate;and
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(f)To retain indefinitely any part of the trust
estate,real or personal,which is or may become unproductive,
or in the discretion of the trustee to make sale thereof.The
trustee in his or her discretion may pay the carrying charges and
expenses of property,during any year in which it is unproductive
out of the principal of the trust estate,or out of the income
of other principal or partly out of such principal or income,and
he or she may from time to time reimburse principal or income
for the whole or part of such charges and expenses.The trustee
may apportion the proceeds of sale of unproductive property between
principal and income according to law,or in his or her discretion
he or she may pay said proceeds into principal without apportionment.
SIXTH:I direct that all legacies and all shares and
interest in my estate,whether principal or income,while in the
hands of my executor or trustee,shall not be subject to attachment,
pledge,assignment,alienation or claims of creditors,and the
personal receipt of any legatee or beneficiary or person selected
by my trustee to disburse the same during the minority or disability
of any beneficiary shall be the sufficient and only discharge of my
executors or trustees.
IN WITNESS WHEREOF,I,JOHN DAL CANTON,here sign this my
Will,consisting of six
signed this ,~~day of1-
(6)pages,the others of which I have also
~,1975.
~MQud;.u
SIGNED by the above named JOHN DAL CANTON,as and for his ~Till
in the presence of us,who,at his request,in his presence,and
in the presence of each other,have hereunto subscribed our names
as witnesses thereto.
Residing
Residing
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