HomeMy WebLinkAbout2034_BROMLEY_CHARLES_78_9_12-10-1951_12-31-1951()«.,,,3
LAST WILL AND TESTAMENT
OF
CHARLES W.BROMLEY
And now December 31,1951,it
being adjudged tha.t Bid Will has been
duly proved,it is hereby admitted to
prdllte and ordered to be recorded,
and Letters Testement2ry are issued to
Fidelity Trust Company of Pittsburgh,
Fa.,in said Testament named,whose
proper officer was duly qualified.
James H.Douglas,
Register.
John M.Russell,Esq.
1106 Berger Building
Pittsburgh,Pennsylvania
WILL :BOOK 7'PAGE 9
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Application fOf Jrohatt of Bill of CHARLE T.BROMLEY
_____-l-late of Mt.Pleasant Town-""s.....,hi~p'--.,Washington County,
Pennsylvania deceased,and ®rltltt of 1ITcttcrs W:c£ihn1tC1thlr~_
~SS.:
Alleg eny
Before the Register of Wills of WRShiftgt6'i'r
County,personally appeared Donald C.England,Vice President of who being
Fidelity Trust Company
duly sworn says that Charles vT.Bromley late resident of
REGISTER'S OFFICE,
WA8HfN{i'PeN-€eUN'P'"F,
ALLEGHENY COUNTY
Mt.Pleasant TwJl.,,Washington Count~~PennsylvaniaL.!a c.itizell of .Paw diedathishomein'c ory,Mt.Pleasant Township,Wasuington Ulunv;-pa.,aged 77 yrs.
at 8:00 o'clock p.m.,on the lOth day of December A.D.1951-
and upwards
leaving an estate of the estimated value of $10.000.00 L personalty,and $----Jlcts,000.00
realty,aid real estate being located in Mt.Pleasant Township,Was'ljington County,
r
Pennsylvania
The decedent's legatee::;and devisees are as follows:
a.
ania
yn,
~AME RELATIO.'SHIP RESIDENCE
Dr.Kenneth M.Bromley son R.··D.2,Canonsburg,P
Mr.Donald H.Bromley son 568 Lee St.,Glen Ell
Illinois
Fidelity Trust Company,Trustee Residuary 343 Fourth AvenueU/i-T of Charles W.Bromley Legatee Plttsburgh,Pennsylv
I---I
Testator has----"'n""O=-=t --=.-married and ..nO ~__children have been bo.rn ince the
execution of the ".rill offered for probate.
Petitioner prays that the paper writing filed here with dated__M_a_r__c_h_2_9-=-'L-_l..;.9..;.5'--0 _
_____________may be admitted to probate as the last Will and Testament of said
decedent,and to grant Letters Testamentary thereon to Fidelity Trust Company
Register
).D.1~1
j
_________whose postoffice address is-..2Vl.......A;~..u.:..~~o..Y.J;;a..u~~£....L.....!L!Li2.~~~~~
Sworn and subscribed before me this 2 7
~Of~\J~/1
00 ·..COMMONWEALTH OF PENNSYLVANIA,
W'1\BHtN8'f6N-€e'BN'ff,
ALLEGHENY flUN~
And nowL.teR-'2...1 ,19S7 ,comes Donald C.England
who being duly sworn doth depose an~~~iYa\Y/Tru~vl1l ~~~~J1frulY administer the goods and chat-
tels,rights and credits of Charles W.Bromley ,deceased,
to the best of its skill and judgment in strict compliance with the laws'of tbis Commonwealth;
-
:mindful of the laws relating to inheritance taxes.
SW0rrfnd subscribed before me thisE
day of ,;}~_.A.D.1~
~/i~'---------
Register
-_...................
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I,CHARLES ~.BROMLEY,of the Township of Mt.Pleasant,
County of Washington,and state of Pennsylvan~a,hereby make,pub-
lish and declare this my Last Will and Testament,hereby revoking
any and all wills heretofore made by me.
FIRST:I direct that all of my just debts and the ex-
penses of my funeral be paid as soon as convenient after my decease.
I direct that all inheritance,succession and
estate taxes assessed because of my death be borne by the princi-
pal of my residuary estate and that my Executor payor provide
for the payment of such taxes at such time or times and in such
manner as my Executor deems to be convenient.
SECOND:I give and bequeath all my jewelry,wearing
apparel,books,automobiles,household goods and other such
articles of personal and domestic use to my two sons,DONALD H.
BROMLEY and KENNETH M.BROMLEY,in shares considered by my Executor
to be approximately equal in value,or the whole to the survivor of
them.
THIRD:All the rest and remainder of my property and
estate,personal and real,hereinafter called my residuary estate,
I give,bequeath and devise to FIDELITY TRUST COMPANY,of Pitts-
burgh,Pennsylvania,IN TRUST HOWEVER,for the following uses and
purposes:
(a)I direct that my residuary estate shall be
divided into two equal trusts,one for the benefit of my son,
KENNETH M.BROMLEY,and one for the benefit of my son,DONALD H.
BROMLEY.The income and principal of the separate trusts shall be
distributed as follows:
{
(1)The Trustee shall pay to each of my
said sons,during his lifetime,the net income arising from the
separate trusts and shall have authority to advance to each of my
sons such sums from the principal of each son's share as,in the
opinion of the Trustee,may be required to provide for their
support and general welfare,and to relieve emergencies and dis-
tress,and shall also have authority to advance sums from the
principal of each son's share as,in the opinion of the Trustee,
may be required to provide for the support and maintenance and for
the expenses of the education of any of my sons'children.
(2)Upon the death of my son,DONALD H.
BROMLEY,the Trustee shall continue to pay the net income arising
from his share of my residuary estate to my said son's wife,BETTY
BROMLEY,during her lifetime,and in addition thereto,such sums
of the principal as in the opinion of the Trustee shall be required
to relieve emergencies and distress arising in her lifetime and for
her general welfare.At the death of my said son's Wife,or if she
should fail ~o survi~him,then at his death,the trust shall be
continued for the benefit of his then living children.During the
minority of each child the Trustee shall have authority to expend
the net income and such portions of the principal as in the discre-
tion of the Trustee is necessary for the maintenance,education and
welfare of the said minor children.As each child shall attain the
age of twenty-one (21)years,he shall be entitled to receive the
income from his share,and of the principal shall receive one-half
(1/2)upon attaining the age of twenty-five (25)years and all of
the balance of his share of the principal upon attaining the age of
thirty (30)years.If any child of my son,DONALD H.BROMLEY,should
die before having received his share of the principal of this trust,
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,
then at such child's death,the principal to which he would have
been entitled shall be transferred,set over and conveyed to such
pers9ns or institutions as such child may by his last will and
testament designate and appoint,and in the absence of such desig-
nation and appointment to his surviving issue,if any,and if none,
then in further trust for the benefit of his surviving brothers as
set forth in this paragraph of my will,subject to the trusts,
conditions and limitations imposed thereon.
(3)Upon the death of my son,KENNETH M.
BROMLEY,the Trustee shall continue to pay the net income arising
from his share of my residuary estate to my said son's wife,FLORA
M.BROMLEY,during her lifetime,and in addition thereto,such
sums of the principal as in the opinion of the Trustee shall be
required to relieve emergencies and distress arising in her life-
time and for her general welfare.At the death of my said son's
wife,or if she should fail to survive him,then at his death,
the trust for my son,KENNETH M.BROMLEY,shall terminate and the
principal thereof shall be added to and become a part of the
trust hereinbefore eptablished for my son,DONALD H.BROMLEY,sub-
ject to the terms,conditions and limitations imposed thereon.
(4)At the death of either of my said
sons,subject to the life estate hereinbefore made for his surviv-
ing wife,without leaving issue surviving,then such deceased son's
share shall revert to the trust for the surviving brother and
shall become subject to the terms and conditions imposed thereon.
(b)If at the termination of any estate or
interest in my residuary estate or in any of the share thereof
neither the income arising therefrom nor the principal thereof is
distributable under the foregoing provisions,then my residuary
estate or such share thereof shall be paid to my then liVing heirs
as determined by the existing laws of Pennsylvania relating to
intestacy.
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(c)I appoint the Trustee hereunder to be
Trustee in the nature of a Guardian for all minor persons who may
participate in the dis~rJLQution of the principal of my residuary
estate,and I author±ze i~,in that capacity,to apply to the
maintenance and education of each such minor person so much of the
income arising from and of the principa~of his or her distributive
portion as it may consider proper and,in the management thereof,
to exercise all the powers,authority,and di~cretion set forth in
the FOURTH Article of this my Will.
(d)The beneficiaries hereunder shall have no
right to anticipate,to pledge,or in any manner to alienate their
interests in the income arising from or in the principal of my
residuary estate,and their interests shall not be liable for
their debts,contracts,or engagements,or subject to execution,
attachment,sequestration,or other legal process.
FOURTH:I confer upon my Executor and Trustee the
following discretionary powers which may be exercised without ap-
plication to any Court:
(a)To retain as a part of my estate or as a trust
investment hereunder,for so long as it deems proper,any stocks,
bonds or other items of property belonging to me at my death,
to vary investments,and to invest and reinvest funds in such
stocks,bonds,securities,or other property of any kind or charac-
ter whatsoever as it may deem suitable,irrespective of the laws
of Pennsylvania relating to investments by fiduciaries and without
liability for depreciation in value.
(b)To sell and dispose of any real estate of
which I may die seized or at any time constituting a part of the
trust corpus at such price and upon such terms as it may deem
proper and to execute proper deeds.
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(c)To grant leases of real estate for any term or
terms,with or without options for renewals or purchase,although
the term of the lease or of the renewal thereof may extend beyond
the term of any trust hereunder.
(d)To determine whether and/or what part of any
receipt,increment,gain,disbursement,charge,or loss shall enure
to or fall upon principal or income.
(e)To compromise,adjust,and settle any disputes
and claims arising in the administration of my estate or of the
trusts established hereunder,whether such claims be asserted by
my Executor and Trustee against other persons or by other persons
against my estate.
(f)To determine whether and in what manner inter-
est,diVidends,rents,and other income shall be apportioned be-
tween successive beneficiaries hereunder.
(g)To hold the whole or any part of the trust
property in one or more consolidated funds notwithstanding any di-
rection for division into parts or shares.
(h)To borrow money for the benefit of my estate,
or of the trusts hereunder,from itself individually or from any
other source and,as security for the repayment thereof,to hold
or pledge any of the property of my estate or of the trust corpus
and to execute mortgages.
(i)To make distribution hereunder of property in
kind and,for that purpose,to diVide,partition,and allot pro-
perty and to determine the value thereof.
No person or corporation dealing with my Executor
and Trustee shall be required to inquire into the necessity or pro-
priety of any proposed action or to see to the application of any
money paid to my Executor and Trustee.
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FIFTH:
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I appoint FIDELITY TRUST COMPANY,of Pittsburgh,
Pennsylvania,Executor of this my Last Will and Testament.
I request my Executor to employ the services of
John M.Russell,Esq.as attorney for my estate.
WITNESS my hand and seal this ___JL_Cf,-__day of
_---:;~__~....;.-.,A.D.1950.
Signed,sealed,published and declared by the above named
Testator,CHARLES W.BROMLEY,as and for his Last Will and Testa-
ment,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.
Address
Address
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~tatr nf 'runnyluuuiu,)'.9li.1ll'Iuliqitlgtotl C!Louttty
o;rrrting:
You are hereby authorized and empowered to cause to appear before you--------------------------
Een E.Sherman and H.S.Carmack ..----------------------------------------------------------------------------------------------the subscrIbIng
witnesses to the instrument at writing hereto attached,purporting to be the last will and testament
.Charles W.Eromleyof-------------------------------------------------------------------------------------------------deceased
and on-----~!J.-~!~---------------oathor affirmation to propound to-----------tll~IP--------------------the
following interrogatories:
FIRST.Are you a subscribing witness to this paper (exhibiting it),purporting to be the last will
and testament of------------9m:rJ•.elLW...--~~~ID~ey-----------------------------------------deceased ?
SECOND.Did you see the testat-DI------sign----hiS---name at the end thereof?
THIRD.Did you hear--.h~~--declareit to be--flJ-~----lastwill and testament?
F'OURTH.Do you believe at the time of so doing---~--was of sound mind and memory?
FIFTH.Was it at--~-~----requestand in-M.§---presence that you subscribed your name as a wit-
ness thereto?
And having so done,you are to reduce the answers of the said
witness-~!;/-to writing and certify the same under your hand and
seal,and forward the same to the Register's office at Washington,
Pennsylvania.
Given under my hand and seal of said office,at Washington,
lhis---!2.~h.-----day of------~~-~El~_~~r------------A.D.19-.21...---
~,.
,";.
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mn~~__~~_~_~~~_~_~:_~~~~~_~..~__----iEsq..I{rgistrr of Jtlhtli~iugtl1tt,tp
ml1utttg.'ruttsulttattia;
Pursuant to the authority vested in me by your commission,to me directed,for the taking of tes-
timony in the matter of the probate of a certain ins trument of writing,purporting to be the last will
and testament of __~g~rJ_~~__~!__~rp_~~~1{_
deceased,I,~~_~~:.I:~__I!~__~~.9_~~_i_~~---------do hereby certify that I caused
H.S.Carmack and Een E.Sherman
--------------~~--------~----------------------------------------------------~~---------------------------------
the witness esin said commission named,to appear before me at !'J.1!i!'lJNrEl]..L_=-:~_"2"Q~....·_~_
on Jlec.emb..ex_21fl_t._~...)?,19_.5..1__,and having exhibited to--~.!!c~!!1------------------the
said instrument of writing,did propound to----tMm----------------__the interrogatories annexed to said
commission,tp which the said witnesses having been first duly sworn,made answer as follows:
________~!i-.s~_~~~_answers ~£.~··--~~~-----answers~-------------------------------
To the first interrogatory:~To the first interregatory:U ~
-----------------------------------------~-------_.----------------------------------~---------_.
To the second interrogatory:~To the second interrogatory:
--------------------------------------------------_.-----------------------------------~-------_.
To the third inten'ogatory:~if To the third interrogatory:UP--.~
__________________~~. I ~~-------_.
To the fourth interrogatory:'I A I To the fourth interrogatory:'L1~
------------------------------------~-------------_.-----------------------------------~------_.
To the fifth interrogatory:~~
------------------------------------~-~-----_.
(Witness Sign Here)
_tJ_~__~_~_
And I do fnrther certify that thX answers of the said witness to the said interroga-
tories were by me reduced to writing'--------~presenceand were by said witness signed before me
the day and year aforesaid.
l1II~n,..my hand and seal thism~~~~aY Of-~--A.D.19§"L-
___~!!~~_fi!_~~(SEAL)
Commissioner.
~nfu.-----~-?1-------------------------------A.D.19S2-,the testimony of the above
named witnesses being suffiicient,I do hereby admit the foregoing Will to Probate,and order the same
to be recorded as such.
Given under my hand the above date.
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