HomeMy WebLinkAbout2044_DURILA_HELEN_130_516-524_12-05-1978_12-12-197863 -78-/:2 0 7
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Applicatinn fnr 'rnhatr nf IIUl nf ..~'r.e/G.~../V)L).()If.~.lcz .
..................late of ..8.'0I.;t/~/0!.Cl.~6/~tf7p.~l •••,Washington County,
Pennsylvania deceased,and <&rant of 1UeUern IDentamentary.
REGISTER'S OFFICE,
WASHINGTON COUNTY,S5.:
Before the Register of Wills of Washington
County,personally appeared .~.~~,j,;.,who heing
duly sworn says that.......#9./R N /11 ()..(/../f...}./;..late resident of
R.D#IT~~ash:;g:on .:UUjnty,Pennsylvania,a CitiZ~::.__.~SAdied
testate at .../..rJC!ti!(fJ.~n()..).f!J..I;r.~..on the ..5 day of..~r."~~..A.D.19.7..~
ad.:./P..o'c1ock.m.,age ..'il leaving an estate of the estimated yalue of $.,,(:'.(Y.I(/l/.~W~
()personality,and $.""".""..."""realty,said real estate being located in""""""..
.....,,"".,",,".,,,,.
The decedent's legatees and devisees ~re as follows:
b.
NAME RELATIONSHIP RESIDENCE
Bot1e IS r ~iJuRlld 517.~$(}d..voL RtO 77/wds4,,
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Q........children have been born since theTestatorhas.0....married and .."
execution of the will offered for probate.
Petitioner prays that the paper writing filed herewith dated ~p...3.../.../9.7 ..Y:...
may be admitted to probate as the last Will and Testament of said decedent,and to grant Letters
Testamentary.thercon tO~i .!J"J:v~-<~;,;
whose postofflce address IS !?C.O ..: :·d.J.)..C:F'·?·..····..W dS61.-Ykl.~:..I.PA.
Sworn to and subscribed before me this ..!~~...
December 78dayof,.. "A.D.19 ..
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COMMONWEALTH OF PENNSYLVANIA,}SS.
WASHINGTON COUNTY...
And now De.c 8 ,19..78.,comes J.ohn ..Mullins .
who being duly sworn doth depose and say that he will well and truly administer the goods
and chattels,rights and credits of.Helen ..M.D:urilac deceased,
to the best of ...his.skill and judgment in strict compliance with the laws of this Commonwealth,
mindful of the laws relating to inheritance taxes.
Sworn and subscribed before me this......7.th ......
day of...D..e.?ellllJ.e.r.A.D.19.7~..
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1)1 ___I,J;_I\~iI ~Q 1 REGISTEl';OF WILLS
Cl WASHIN ;T0N CO.,RAC1l...e"
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~3-7f-ItJ..D 7,A1Iidnit-?ubliahed and ,'lId by
Plankenhorn Co.,WilJiam.po."t Pa.17701
<!tommouwraltQ of Jruuayluauta ~
<nnul1ty nf ~~.~..~.~.~.~.~.~.~~_)1Ul:
On this21st.day o/..}\l),YL.79,7§...personally appeared before me
the subscriber,one of the ...N.9.t~J.'.Y..pypJtG........In and for said County
duly authorized to administer oatha,.r.r~lel!fv1~.P.l!.:r..i.~C:lH ...
who being dulyswQrn .....according to law,doth depose and say,That I Helen M.
Durila on this date wishe~to make clear the seven children designated
in my last will and testanent signed and dated July 3,197 8 and designated
in section four -sub sec~ion A,PaGe 1,also in section :our -sub-section
D on page 2 are:
Robert Edwarc Durila,Jr.
Cindy Louise D~rila
William Shawn Durila
Melissa Durila
Melinda Durila
Stephen Craig Durila
Richard Thomes Durila
and further deponent saith not.
Sworn to (Jnd subscribed before
·~7iltt#~;:7:::<'·'.--u--<.-od~~~
................................................J 4..
My Commission Expirel
'v-fITNESS:
\lITNESS:.................................._-.:..-..::..;:;----=-.::..-~~--
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LAST WILL AND TESTAMENT
OF
HELEN M.DURILA
I,HELEN M.DURILA,do hereby make,publ~sh and declare this as
and to be my last Will and Testament,hereby revoking any and all other wills
and codicils by me at any time heretofore made.
FIRST:I direct that all my just debts and funeral expenses be
paid as soon as practicable after my death.
SECOND:I direct that all estate,transfer,succession,inheritance,
legacy and similar taxes,together with interest and penalties in respect
thereto,if any,upon or with respect to any property required to be included
in my gross estate under the provision of any tax law,and whether or not
passing under this Will or any codicil hereto,or upon or with respect to
any person as to any such property,shall be borne ty and paid out of my
residuary estate as a part of the expense of the administration of my estate,
and that there be no proration of any such taxes,interest or penalties.
THIRD:I give,devise and bequeath my 1977 automobile to my husband,
ROBERT DURILA,my 1974 automobile to my daughter,CINDY DURlLA,and my 1968
truck to my son,ROBERT DURILA,JR.
FOURTH:All the rest,residue and remainder of my estate including
all my jewelry,clothing and other purely personal effects,as well as all
household goods,furnishings and furniture which I may own,including any
policies of insurance thereon,all cash and securities,any inheritance to
which I am or may be entitled,and my house,the construction of which was
paid for by my mother,Mildred A.Mullins,I give,devise and bequeath to my
brother,JOHN MULLINS,and my friend,SHIRLEY BRODNICK,as trustees to be
held in trust for the ~se,benefit and enjoyment of my family under the fol-tu;J;.~'J~,I I #1...,.ill .,J
lowing term~/?an~COIlJl-ilt~'ons:~~,'o/..J--vLt-<-/f1'(.~'<J
~-V?-~seven
A.The trust shal be held ~r~efit of my ~KOC!X children
until the youngest surviving member thereof attains the age of eighteen.
Page 1 of 5
B.The trustees shall appoint my husband to act as guardian of my
house,all household goods including furnishings and furniture as long
as he exercises his powers,rights and duties as guardian thereof for
the benefit of my children in a manner that befits him as their father.
c.The trustees shall hold the remaining assets of the trust as
one fund and shall expend such amounts of net income and principal there-
from as,in their sole discretion,they deem advisable for the health,
maintenance,support and education,and to aid ~ny of my children in the
event of any circumstance or condition affecting them wherein money is
needed,with no duty to equalize expenditures among them.In the event
the trustees do n0t expend all the net income during a given year the
trustees shall,.l.dd the remainder ther~of to~the ']rincr:..ipal ~<.J.1Jt--"<")~-~J~1/J=i 't/y.h-J?~~L9-~~;~«V(j-~even~such time as the youngest surv ing nember of my ~~
children attains the age of eighteen this trust shall terminate and
the trust estate as then constituted shall be distributed outright and
free of trust as follows:
I.As long as my husband,ROBERT DURlLA,has exercised his
duties as father of my children,in a proper and fitting manner
to the best 0=his ability during the life of the trust,he shall
be entitled to the house,all household goods including furnishings
and furniture.
II.In the event my husband,ROBERT DUR1LA,has not been a
good and proper father and provider to my children during the life
of this trust,the house,all household goods includ~ng furnishings
and furniture shall be added to the remaining assets of the trust
and distributed in accordance with directive =11.
III.The remaining assets of this trust shall be distributed
equally to my then surviving children.
E.All shares of principal and income,shall until actual dis-
tribution to the respective beneficiaries,be free from the debts,
contracts,alienations and anticipations of any beneficiary or benefi-
Page 2 of 5
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ciaries,and the same shall not be liable to any levy,attachment,
execution or sequestration.
FIFTH:My trustees shall have the following powers in addition
to those vested by law,exercisable without court approval:
A.To sell at public or private sale,to exchange or to lease for
any period of time,any real or personal property,and to give options
for such sales,exchanges or leases,for such prices and upon such terms
and conditions as my trustees shall deem advisable exercising reasonable
and prudent judgment.
B.To invest and reinvest the principal of my estate only in
United States governmental obligations or high grade corporate bonds
as the same are rated AAA or AA,specifically excluding any common trust
fund,without bei~g limited by any statute relating to investments.
C.To distribute my estate to the beneficiaries entitled thereto
in cash or in kind,or partly in each,such allocation of assets to be
in the sole discretion of my trustees.
D.To compromise any claim or controversy affecting my estate.
SIXTH:I nominate,constitute and appoint ~y brother,JOHN MULLINS,
to be the Executor of this my Will.Should my brother be unwilling or unable
to act as Executor,I then nominate,constitute and appoint my friend,SHIRLEY
BRODNICK,as Executor i~his stead.
I direct that none of the named herein fiduciaries shall be
required to post bond in this or any other jurisdiction.
IN WITNESS WHEREOF I have hereunto set my hand and seal this ~
Signed,sealed,PUbl~~declared by HELEN M.DURILA,the
day of
Testatrix,as and for her last Will and Testament,in our presence;and we
thereupon at her request and in her presence and in the presence of each other
Page 3 of 5
.,.
have hereunto subscri~ed our names as attesting witnesses and our respective
places of residence on the date of the execution thereof.
~o~~WT~7.
Address~6d7e .;;2 ~I
~4~dtbd0-,.Y4 1:53 <f7I
~~
WITNESS
Address !2.J)~p~
Page 4 of 5
.,.,.
A F F I D A V I T
COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF ALLEGHENY )
whose names are signed to the attached instrument,being first duly sworn,do
hereby declare to the undersigned authority that the testatrix signed and
executed the instrumeLt as her last Will and that she signed willingly,and
that she executed it as her free and voluntary act for the purposes therein
expresses,and that each of the witnesses,in the presence and hearing of the
testatrix,signed the will as witness and that to the best of her knowledge
the testatrix was at that time eighteen years of age or older,of sound mind
and under no constraint or undue influence.
~/h.~
Testatrix
Witness
Subscribed,sworn to and acknowledged before me by HELEN M.DURILA,
the testatrix,and suhscribed and swo'll to my by J)ou-:{jJ~
t::.14A4d,D~,and ~,~,witnesses,
his 3M,day of M ,1978,
My commission expires:'~.):"_'~
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