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HomeMy WebLinkAbout2035_BLACK_VIOLA_78_68_01-10-1952_01-24-1952• ~oZ03\5 WILL OF VIOLA BLACK And now January 2~~2 it ~i~ adjudged thB.t said Will _s~U!7""proved~~herebyadmitted to probate and orde~d to be Iecorded,and Letters Testamentar,y are ls~ued to Mellon National Bank and Trust COI1pal2T.in said Tpstament named,whose propep Officer was duly qualified. James H.Dougla.s, Register. t, • WILL BOOK 78 PAGE 68 .... \ • r , Application f r rohatr of Iftll of V-=-IO.::....::L=A~B-=-L.::....::A-=.C=K _ _____J]ate of Washington ____________,Washington County, Pennsylvania deceased,and Qinntt of jIletters We5tantCnta~. REGISTER'S OFFICE, WASHINGTON COUNTY,~88.: Before the Register of Wills of Washington C t 11 ..l H.P.McConnell h b'oun y,persona y appeare(lL.l-w 0 emg _____________late resident ofdulyswornsaysthat.Viola Black _W_a~~~h_l_·n_g:-t_o_n ,Washington County,Pennsylvan~a a citizen of United States died at 10:35 o'clock p.m.,on the 10th day of January A.D.19~ at 55 West Chestnut St.,Washington,Pa.,being 81 years of age leaving an estate of the estimated value of $40,000.00 personalty,and $100,000.00 realty,said real estate being located in Washington,Pennsylvania The decedent's legatees and devisees are as follows: a •. a. - NAME RELATIONSHIP RESIDENCE (-___.__._.,~-.4_____ Mourine McCay Bustard Niece Bakersfiekl,Cal. Hugh McCay Nephew Bakersfield,Cal. Pearl Beddow Niece Washington,Pa. _Jo~_!--rmstrong Nephew -Wol£dale,Pa. .j~Jy:Ln Armstrong Nephew -San Juan,Cal. None 'tl;ler Avenue Elizabeth Lennon Gillespie ashington,Pa. Francis OtDonnell Northrup Grandson Parkersburg,West V Katherine 01Donnell Northrup Daughter Parkersburg,West V -------._- Mellon National Bank and Trust Co.None Trustee -Grove Church Cemetery -rlX T tatoo:ha...-_..::n:..:o:.....:t married an.........n_o ____children have.been borcIl-since the execution of the will offered for probate. Petitioner prays that the paper writing filed herewith dateu.n M_a~y!...-2_5-,,~-_1_9:-4_5__---;;=-=~and Codicils -----may be admitted to probate as the last Will and Testament of said decedent,and to grant Letters Testmentary thereon to Mellon National Bank and Trust Company whose postoffice address is Washington,Pennsylvania o nd subscribed before me this 02/ COMMONWEALTH OF PENNSYLVANIA, WASHINGTON COUNTY,~SS.: And now January 21 ,19~,comes H.P.McConnell who being duly sworn doth depose and say that~_willwell and truly a minister the goods and chat- tels,rights and credits of Viola Black -.../'deceased, to the best of his skill and judgment in strict compliance with the laws of this Commonwealth, mindful ofthe laws relating to inheritance taxes. and subscribed before me this..2 ( '~7!~A.D.19S'~ Register MELLon NATIONAL :BANK AND TRUST COMPANY ~r~- -> -) r; -~~ ':: ~_.--, T _~:-- I 'OiNi I ~~~ U)I -.~> i NI ~I m f=:,...;C1l U)I ..!l:: m :>. f=: ~FILED Q) ill i=i tlt C1l J-< ~ 0 ......j ..... ...., Q ..N 195ft-<tiJt.N 24 A~'10:37 ....,I' "0 f=:.-I <t; Q)0 C1l ~ ~r:n •f=:f=: s:;:ft .....«S +oJ f=:C1l-Q)~C1l 0 o .;Q ~ .-<t.l f=:'M J~CS L DOUGLAS.~Q):E I--:l +oJ S til 0 C1l 'EGi~TER Of \·lILLS "C til Z 0 ..... "0 l)~"">-1 ANO C1l C1l Q)f=: s:;: ~ ...., fj(-OfflClQ CLERK O.C. i=i 0 +oJ 0 «S ~til q J-<~;:j :::l 0 ill ~ f=: tH ~E-t C1l r:n .•,I--:l'i 0 J-< Q)Q)I -+-<1 ....,0 «S ....,_.~ ) Q)H H ;::J -.,.) "0~.~ -~ I ~A 1. LAS T W ILL AND -Of- VIOLA BLACK T EST A MEN T I,VIOLA BLACK,of the City of Washington,Washington County,Pennsylvania,being of sound mind,memory and understand- ing,do hereby make and publish this,my Last Will and Testament, revoking and making void ~ll former Wills by me at any time here- tofore made. FIRST.I direct my Executor,hereinafter named,to pay all my just debts and funeral expenses as soon as conveniently may be done after my decease. SECOND.I give and bequeath to my niece,Mourine McCay Bustard,of Bakersfield,California,daughter of my sister, Elizabeth Armstrong McCay,the sum of One Thousand ($1,000.00) Dollars. THIRD.I give and bequeath to my nephew,Hugh McCay,of Bakersfield,California,son of my sister,Elizabeth Armstrong McCay,the sum of One Thousand ($1,000.00)Dollars. FOURTH.I give and bequeath to my niece,Pearl Beddow, now residing on Tyler Avenue in the City of Washington,washing- ton County,Pennsylvania,daughter of my deceased brother, William Armstrong,the sum of Five Hundred ($500.00)Dollars. FIFTH.I give and bequeath to my nephew,John Armstrong, of Wolfdale,Washington County,Pennsylvania,son of my deceased ......./ brother,Willi~m Armstrong,the,sum of Five Hundred ($500.00) Dollars. SIXTH.I give and bequeath to my nephew,Alvin Armstrong, now residing in San Juan,california,son of my deceased brother, William Armstrong,the sum of Five Hundred ($500.00)Dollars. SEVENTH.I give and bequeath to Elizabeth Lennon Gillespie,now residing on Tyler Avenue in the City of washington, Washington County,Pennsylvania,the sum of One Thousand ($1,000.00)Dollars. EIGHTH.I give and bequeath to my grandson,Francis O'Donnell Northrup,son of my daughter,Katherine O'Donne~l Northrup,of Parkersburg,West Virginia,the sum of One Thousand ($1,000.00)Dollars. NINTH.I give and bequeath to The Citizens National Bank of Washington,Pennsylvania,as Trustee,the sum of One Thousand ($1,000.00)Do~lars,to be invested in such securities or invest- ments as to the said Trustee may seem right and proper,and the net income thereof to be used to take care of the graves in the James P.Ar.mstrong family lot in the Grove Church Cemetery at West Middletown,Washington County,Pennsylvania. TENTH.I give and bequeath to my daughter,Katherine O'Donnell Northrup,all my household goods,furniture,furnish- ings,jewelry,si~verware,wearing apparel and articles of personal adornment.At the date of the execution of this Will,I am occupying an apartment in the Windemere Apartments on West Chestnut Street,Washington,Pennsy~vania,which is furnished, and I still retain possession of my house at No.502 North Main Street in said City of Washington.By this provision of my Wi~l I intend to give and bequeath to my said daughter everything belonging to me and contained in said apartment and in my house, if I continue in possession of both the apartment and house at the time of my decease. ELEVENTH.I give,devise and bequeath to The Citizens National Bank of Washington,as Trustee,all the rest,residue and remainder of my estate,of whatsoever kind and wheresoever ·. .' the same may be situate,to be held,used,controlled and managed by it for the following uses and purposes: (a)To let and manage the real estate so given and devised to my said Trustee and collect, recover and receive the rents,income,issues and profits thereof;to payout of the income of said real estate all taxes,assessments,liens and claims that may lawfully be levied or assessed against said real estate;also to pay out of said income any sum or sums'of money that may be necessary for repairs to the build- ings or structures erected,or to be erected, on said real estate;and also to payout of said income such sum or sums of money as,from time to time,may be necessary for premiums on such policies of insurance as may be taken out by my said Trustee to protect the buildings on said real estate. I hereby authorize and empower my said Trustee to sell all or any part of the real estate herein given and devised to said Trustee, upon such terms,at public or private sale,with or without order of Court,in such manner and for such interests or estates as may seem to my said Trustee to be wise and proper;and to make, execute and deliver to the purchaser or pur- chasers thereof a deed or deeds for the same as fully as I myself could do,if living.The said power of sale may be exercised by my said Trustee at such time or times and upon such terms and I. .' conditions as,in the jUdgment of said Trustee, will seem to be for the best interest of said trust estate and for those beneficially interest- ed therein.Any sale or sales of the real es- tate made by my Trustee under this power of sale shall,however,be subject to the approval of my daughter,Katherine O'Donnell Northrup,during her lifetime,and after her death shall be sub- ject to the approval of my grandson,Francis O'Donnell Northrup,during his lifetime. This power of sale herein conferred upon my said Trustee shall not apply to the house and lot of ground occupied by my late husband,James E.Black,and myself at the time of his death,and located at No.502 North Main street,in the City of Washington,Washington County,Pennsylvania.The house on this lot of ground was constructed by my late husband,who was engaged in business as a brick contractor. I direct that this house and lot of ground shall be retained by my said Trustee during the existence of the trust herein,in this my Last Will and Testament,provided for,as a memorial to the skill and ability of my said husband. I The said property shall be rented by my said ,. from these premises shall_become a part of the funds of the trust provided for in this Will Trustee to reliable and responsible persons and be kept and maintained,insofar as is possible, in the same condition as it exists at the time The rents,income and profitstofmydecease. .. and administered as provided for in this ~ill. The power of sale hereinabove given to my said Trustee as to my other real estate shall apply to this house and lot at the time of the termination of the trust,and at that time my said Trustee shall have the same power to sell and dispose of said real estate that is hereinabove given with reference to the sale of the other rea~estate of which I may die seized. In the event that the dwelling house on said lot should be destroyed during the life- time of said trust,or so damaged by fire or other casualty that,in the opinion of said Trustee,the same cannot be re~tored,then and in that event my Trustee may sell and dispose of said premises under the powers and authorities hereinabove given with reference to the sale of my other real estate. (b)To invest,re-invest and manage the estate hereby given,devised and beuqeathed to my said Trustee,and,if the occasion requires or such course seems to my said Trustee to be wise and proper,to invest the same or any part thereof in real estate or in such securities as to my said Trustee may seem proper.In the event that my said Trustee shall invest any of said trust funds in the purchase of real estate,or in acquiring title to real estate,then and in that event I hereby confer upon my said Trustee as full,ample and complete powers as to the sale or .. conveyance of any such real estate as is here- inabove,in the preceding (a)clause hereof, conferred upon it with reference to the real estate therein given and devised to my said Trustee. (c)My said Trustee shall have the power to invest and re-invest the trust estate hereby vested in it,and to alter,vary and change the investments and re-investments. The power hereby conferred upon my Trustee with reference to the investment and re-investment of said trust funds and the alteration and change of such investments and re-investments shall be made in such class of securities as to my Trustee shall seem wise and proper,and my said Trustee shall not be limited to invest- ments or re-investments in such class of securi- ties as are recognized or designated under the laws of Pennsylvania as legal investments for trust funds.Any sale or sales of securities or any investments or re-investments under the power in this paragraph,shall,however,be subject to the approval of my daughter,Katherine O'Donnell Northrup,during her lifetime,and after her death shall be subject to the approval of my grandson,Francis O'Donnell Northrup,during his lifetime. (d)My said Trustee shall pay over quarterly to my daughter,Katherine O'Donnell Northrup,the net income of the said trust estate,(after deduct- ing and first paying ail taxes,assessments,re- ·. pairs,insurance premiums,Trustee's commis- sions and all other expenses necessary or proper to be paid out of the same),for and during the term of her natural life. (e)After the death of my said daughter, Katherine O'Donnell Northrup,my said Trustee shall pay quarterly to my grandson,Francis O'Donnell Northrup,the net income of said trust estate,(after deducting and first pay- ing all taxes,assessments,repairs,insurance premiums,Trustee's commissions and all other expenses necessary or proper to be paid out of the same),for and during the term of his natural life. (f)Upon the death of my grandson, Francis O'Donnell Northrup,my said Trustee shall distribute the net balance of the prin- cipal of said trust estate then remaining in its hands,(after deducting therefrom,and pay- ing,any and all proper costs,charges and ex- penses which,in the judgment of my said Trustee,should be paid out of said trust es- tate or out of any undistributed income then in its hands),to the then living children of my grandson,Francis O'Donnell Northrup.If,at that time,any child or children of the said Francis O'Donnell Northrup shall be deceased, ~",iJ·-,1;'>1'~leaving issue,then the issue of such deceased child or children shall receive such share of my said trust estate as the parent or parents of such child or children would have received ·,•.' had they been living at the death of the said Francis O'Donnell Northrup. TWELFTH.If my grandson,Francis O'Donnell Northrup, shall predecease his mother,the said Katherine O'Donnell Northrup,then at the death of the said Katherine O'Donnell Northrup I direct my Trustee,herein named,to distribute the balance then remaining in said trust estate,together with any undistributed income then remaining in the Trustee's hands, (after deducting therefrom,and paying,any and all costs, charges and expenses which,in the judgment of my said Trustee, should be paid out of said trust estate or out of the undis- tributed income then in its hands),in equal shares among the children of my said grandson,Francis O'Donnell Northrup.If any child or children of the said Francis O'Donnell Northrup shall at that time be deceased,leaving issue to survive them, then such issue shall take the share that his or her parent would have received if living at that time. THIRTEENTH.If the said Francis O'Donnell Northrup pre- deceases his mother,the said Katherine O'Donnell Northrup,and at the time of the death of the said Katherine O'Donnell Northrup, there are no surviving issue of the said Francis O'Donnell North- rup,then and in that event I give,devise and bequeath the entire trust fund above referred to and any undistributed income then re- maining in the hands of my Trustee,to those persons who would be my heirs at law if I had died intestate,and to be distributed and paid to them in such proportions or shares as they would have been entitled to share in my estate in the event of such intestacy. LASTLY,I do hereby make,constitute and appoint The Citizens NationaL Bank of Washington to be the Executor of this my Last Will and Testament. ·-- .. IN WITNESS WHEREOF,I,Viola Black,the Testatrix above named,have hereunto subscribed my name and affixed my seal,the day of May,A.D.1945. Signed,sealed,published and declared by the above named Viola Black as and for her Last Will and Testament,in the pre- sence of us,who have hereunto subscribed our names at her request as witnesses thereto in the presence of the said Testatrix and of each other. (SEAL) CODICIL NO.1 TO LAST WILL AND TESTAMENT OF VIOLA BLACK I,VIOLA BLACK,of the City of Washington,Washington County,Pennsylvania,do hereby alter.,modify,and supplement my Last Will and Testament,bearing date on the 25th day of May,1945 insofar only as the Eleventh clause therein authorizes The Citizen National Bank of ashington,~s Trustee,to lease real estate of which I die seized and possessed;and direct that the said The Citizens National Bank of Washington,as Trustee,secure the approval of my daughter,Katherine O'Donnell Northrup,during her lifetime,and after her death,the approval of my grandson,Franci O'Donnell Northrup,during his lifetime,to any such lease of said real estate,for a period of more than one year,all other provi- sions in my said will to remain in full force and effect and un- changed. IN WITNESS WHEREOF,I,VIOLA BLACK,have hereunto sub- scribed my name and affixed my seal this ~day of May,1948. (...l' _~J3~ Signed,sealed,pUblished and declared by the above name Viola Black as and for Codicil No.1 to her Last Will and Testamen , in the presence of us,who have hereunto subscribed our names at her request as witnesses thereto in the presence of the said Testa trix and of each other. CODICIL NO.2 TO LAST WILL AND TESTAMENT OF VIOLA BLACK By letter,bearing date on the 22nd day of November,1948, I was advised by the Mellon National Bank and Trust Company,of Pittsburgh,Pennsylvania,that The Citizens National Bank of Washington,Pennsylvania,had become the Washington office of the Mellon National Bank and Trust Company,and that all of the cus- tomary banking services rendered by The Citizens National Bank of Washington,Pennsylvania,would be continued by the Mellon National Bank and Trust Company.In view of the fact,therefore, that The Citizens National Bank of Washington,Pennsylvania,has now become the Washington office of the Mellon National Bank and Trust Company,I desire to change my will,bearing date on the 25th day of May,1945,and do now substitute the name of the Mellon National Bank and Trust Company in all places in said will where the name of The Citizens National Bank of Washington, Pennsylvania,now appears,and therefore constitute and appoint the Mellon National Bank and Trust Company,as Trustee and Executor of my said last will and testament,all other provisions in my said will to remain in full force and effect as therein set forth and as modified by Codicil o.1 heretofore executed. IN ITNESS WHEREOF,I,VIOLA BLACK,have hereunto sub- scribed my name and affixed my seal this ~day of December, 1948. Signed,sealed,published and declared by the above named Viola Black as and for Codicil No.2 to her Last Will and Testa- ment,in the presence of us,who have hereunto subscribed our names at her request as witnesses thereto,in the presence of the said Testatrix and of each 'GODI~IL NO.3 TO LAST WILL AND TESTAMENT OF VIOLA A.BLA~K I,Viola A.Black,a resident of Washington,Pennsyl- vania,do hereby make this Codicil Number Three (3)to my last will and testament,dated m~:zs /7 tJJ". My daughter,Kath~r~e O'Donnell NorthrUp,has borrowed the sum of Ten Thousand Dollars ($10,000.00)from me,which loan is evidenced by promissory note in that amount,signed by my said daughter payable to my order.I direct that in the event my said daughter survive me that said debt be cancelled and the said note be marked paid and delivered to my said daughter, Katherine O'Donnell Northrup. IN WITNESS WHEREOF,I have hereunto affixed my signa- ture and seal on this --2 day of {2c.X~,1950.--_,u~~--=-..~thei~_I_(SEAL) Signed,sealed,published and declared by the said Viola A.Black,as and for Codicil Number Three (3)to her last will and testament,in the presence of us,who,at her request, and in her presence,and in the presence of each ot~er,have subscribed our names as witnesses thereto. ..2 ~-.. Olnmmnuwraltq of 'ruttl1yluauiu lltlIunl1tugtotl Q!,ouutl1.nIl: BE IT REMEMBERED,That upon this ?~~.~,.,.day of.."..,.."..,.,..J.~P;I:l~;r;-,y'..,..,. 19 ..5.2...,before me J..~m~.~.~,P.Q:ugla.s...,,Register for the Probate of Wills and granting Letters of Administration within and for said county,came·· · ·.. ................................................().p..~().f..the subscribing witnesses to·the foregoing attached Will of Viola Black................. deceased,who,after being duly qualified according to law,depose and say:That.13.llE!..~~~.. present at the execution of said Will-saw the testat.r.!,;"sign the same-heard ..her ..~ publish it as and for.her.last Will and Testament;that!:ll:le.at.ll:~:r.,.request,in):I,:~;r.... presence,and in the presence of each other,sUbscribedhe.rnameh thereto as witness ...,and at the time of the doing thereof said testatrh:..··was of sound,disposing mind,memory and understanding,to the best of the affiants'knowledge and belief. S orn nd Subscribed Before Me .,".~;dq~, ."~c••'"j!,.."....'Register .:. (!luuuty ·nf lIu.!!lfiugtuu•.II.!!.REGISTER'S OFFI£~.,t.l/A.D.19.£.:0-- Personally appeared :F'.~.~~M.:~~~~.~~~.~~ng c!.~n~M.g.O';r.;r .. who,after being duly qualified according to law,deposes and say that they are well acquainted with the handwriting of .Y~C?:l,~l3.:l,~.(*. Will dated Me..y 25.th 19.45 .. ........,Deceased,Testator to the foregoing ..19 ,and that the signature .......and subscribed of said .Y1.9.l.~.:I:3e.l.g.l~................,~~'~is in~her own proper handwriting,as they,the affiants,verily believe. one of Also,that the subsllribing witnesses are not now within this jurisdiction. .................~..... /1;&lE+e_.t..h,_d,~;?;'~. JAMES H.DOUGLAS,Register <!tnuttty nf lIa.a4ittgtntt,.a.a. Register's Office ~~~.~Y.?J A.D.,19...5.2.. Personally appeared _..~.~~~JJ?-~.!~Y~JJ _.___ _~_.__the subscribing witnesses to Codicil No _L under date of.._~~!..~~.~.~.}9..~_to the fore- going last will and testament of..yJ9.l~.)~J...9:~k:..____ _deceased, dated.._~y...?;?~~_._..___..__19__~S._..,and on ~~r.solemn.._.._Q~.t.h _did say that ..................~.h~..__.._.was present,and did see and hear .._Yiola_131ack ___ _ . deceased,the testa :r.i~_therein named,sign,seal,publish and declare the same as and for a Codicil to ~~!.last will and testament,and that at the doing thereof ~.h.e ., was of sound disposing mind,memory and understanding,to the best of the affiant's knowledge and belief. ...............~.9.~___..__.._and subscribed before me-the day and year aforesaid. _:~l!~.I 'I Register L -_..__....~..~~_.~.'-.~~ \ QrOUttly of lIu!iQittgtuu.!i!i. Register's Office c!.~~~~.Y.:?.~A.D.,19 ~.~ Elizabeth Gil~spie,now Elizabeth G.Naylo~..Personally appeared _the subscrIbmg wItnesses to Codicil No .l under date of M~y.;J,..9.1 ~~~~to the fore- going last will and testament oL y.~g.~~!?~.~.~.~..___.....................deceased, May 25th 45 her oath.dated.___.___19 >•••,and on _solemn _dId say that ..............~E:~._was present,and did see and hear_y.~gJ.?_~J:.~~_~.____. deceased,the testa~,r.+.~__..therein named,sign,seal,publish and declare the same as and for a Codicil to_._.h~.;r..last will and testament,and that at the doing thereof ~.h.~___.._ was of sound disposing mind,memory and understanding,to the best of the affiant's knowledge and belief. /.'~J-/~~~ ...._~~.?!_"?~.?._and subscribed before day and year aforesaid. .dl4~~d _'·~7·Y.'·Y-""R~gister • <tInunty nf Ba5~ingtnn,55. Register's Office.._...__.~~~~~~y'__g~.__._._.__....A.D.,19 9.g._ Personally appeared 9_M;r.J.:~_~.__A_~G:,,"_11~_~pl~__&__My.r.tl.e.__W_.RicheY'_the subscribing witnesses to Codicil No.2 . . .__._.under date of De_c_ember 24.,.~94a to the fore- going last will and testament oL Y.:i.9.1_~l?_l~&:k:......deceased, dated .M.ay__.25t_h . . .19 4.5_,and on th~_ir .solemn 9.~:tiha did say that _______j~h~Y..Jf~_:r~.~present,and did see and hear ViQla.__Black ........ deceased,the testa~~therein named,sign,seal,publish and declare the same as and for a Codicil to .__he_r__. ..last will and testament,and that at the doing thereoL__~._~b&._.. was of sound disposing mind,memory and understanding,to the best of the affiant's knowledge and belief. __...~:vY:~_~~_~__. ..and subscribed before m~=e~:and,~ea:;;o:1:~,4,( ~~~~ ...• Qtnunty nf lIu6qingtnn,66. Personally appeared ~rgfJ.r.~L~aul...and.·.~.ella..Duv.alL the subscribing witnesses to Codicil No 3 _under date of _~.~~~.~~r.?~~J9.5.Q to the fore- going last will and testament oL _!~.~~~.:~;J,.~~~_deceased, dated ~y ??~.~___.._.19._.~5.,and on.._~h~.tr.._..._solemn _Qa.t.h _did say that ._~.~~y.~~r..~___._.present,and did see and hear .yJ~J~~;r,§..9.~. deceased,the testa.r.J~.__therein named,sign,seal,publish and declare the same as and for a Codicil to ~r ___.last will and testament,and that at the doing thereoL ~.~~. was of sound disposing mind,memory and understanding,to the best of the affiant's knowledge and belief. ...................~._and subscribed beforeU day and year,:jesaid. #~u£u"'~:;:~~. H/a4ftzte/(p~ .....¢1..~..~.~..