Loading...
HomeMy WebLinkAbout2053_COHN_H_90_162_11-02-1959_10-09-1959'r ~:Z()S\3 LAST WILL A}ID TESTAN~JT"----- 0Ti' • ': T.T.r:nJ\DT,ES n QT-IN .., And now October 9~1959,it being ad j ud;'ed that said Will has been dUly proved,it is hereby admitted to probate and orderea to be recorded~and Letters Testa- mentarya re issued to Mellon National Bank and Trust Co- mpany,whose proper ofricer was dUly qualified and to Edythe Cohn,in said Tes ta- mont nameo"who was dU,ly qualified. James H.DO*~*~~ter. MELVIN 8.~ASSI ATTORNEY AT L.AW FIFTH STREET AND FALLOWFIELD AVE, CHARLEROI,PENNSYLVANIA WILL BOOK 90 PAGE 162. 1eview ia ) i\pplirattou for Jrohatr of .ill of.R.~J~.h.?:~J.~.~.J1.9.hg h/~/~~.~9.~.~.~'Cohn ......................................................late of.BO.I:.o.u.gh o.f B.p,e.~.r.s.n ,Washington County, Pennsylvania deceased,and ~raut nf iGl'ttrr.6 Wl'.6tawl'utary. REGISTER'S OFFICE,} WASHINGTON COUNTY,SS.: Before the Register of Wills of Washington Mellon National Bank and Trust Company County,personally appeared Edy.th.e.CQ.hn who being Colm duly sworn says that..H Char..le.s C..Q.bn ,.A./.K/A H Qm.~.It late resident of ...........S.pe.e.i:.s.._..~._,Washington County,Pennsylvania,a citizen of...Y.:B.!:s.~4 ~E.~.~.~.~died testate at.....C.hg.tl§J;'.QJ M9.P.:§.~§.§P.:H.9..~p!.~§:L.on the ..?~.~day of ~~Y..~~l?,~.;:A.D.19 ?.~ at..9..~.4.5.o'clock.P..~..m.,age ~.Q leaving an estate of the estimated value of $5~L..QQ.Q.~.Q.Q . personalty,and $P..Q realty,said real estate being located in .. The decedent's legatees and devisees are as follows: - NAME RELATIONSHIP RESIDENCE Edvthe Cohn widow 178 Grandview Way Map Mellon National Bank and Trust Com}:any Charleroi,Pennsy1van / Testator has .9.Q.t.married and .9Q children have been born since the execution of the will offered for probate. Petitioner prays that the paper writing filed herewith dated May,2.Q.o .l.~.5..7.... may be admitted to probate.q.8 the lasLWill.and Testamept of said decedent},and to grant Letters Testamen-Mellon Nat~onal Bank and Trust ~ompany tary thereon to.·..·..........··..·..··Maln ana..~~~~·..~~~~e·t'~·....Wii'slilng'tOu..;..·..P·euti'sylv·ani'a··........·.... whose postoffice address is .J.!..~.G.~.~J:?:g.Y.!~~....W?:y...J1.?:pl~y..~.~Y.?.1 .....9.P.:§!..E.!.~.!S?.~..1....g.~~~.~.y..!y..~?:?:~.~ .~Mellon National Bank and Trust Sworn to and subscribed before me this....:f.?..................S9'"~d~y oW !!!:>.Y.§.!!'.!>.~.E ).A.D.19 ?.2..llY.~:_r ..;... /;~..£d~~........6.1 r \2if"&1 {..-/Register ~.Qy.t.h§..J;;.!?h-g .. COMMONWEALTH OF PENNSYLVANIA,}SS...,- WASHINGTON COUNTY "..,;;1/.Mellon Nat~onal Bank and'Trust eompany And now N.Qv.emb.er.~,195.S!...;..,c6mes E.dy.the C.ohtl:.::::::..:::..:.::..::::::: who being duly sworn doth q.epose and say that..~h~.y..will well and truly administer the goods and chat- tels,rights and credits of ij..!J~h.g,r..J,.g.§G9.hD.:;:.;.:~:::,dece~sed, '.r to the best of th~.:ir.skill and judgment in strict compliance with the laws of th~s Commonwealth,mi~d-' ful of the laws relating to inheritance taxes. Sworn and subscribed belore me tbiS..j.?~Mell~~nal Ba~kand Compan d ~01.........•.No:ll.emb BY .....d................../..fl ·eJ:····;;rr·········..·······..A·D.19 .5.9 ·····_··~7 P ...~.....L'Ld::::::'..~~G l!lf ~p v ~.,'h ...-fA...-/........................................Y,t:e-l,;ohnRegister . >.s:::m~... ~•.11 ~0 ~t)M\!0-f-'-f-'':'0).w <G(I)'1 ...-1 CI)_..:.:...._....---..."'L:,~"::1Q)~~s:::lU! ~-~~..r::.~d {:).....,0 [,1)1 s:::1 '0.·roft)S:::1 h/'l 11 :38 CI)'"d 4-11 ..r::!m~i959 ["!GV 9 CI)!litCI)Il)o~o~m1'"U 1 ~jOJro..r::l ~1...-4 Il)S:::~u OJ!~1~00:m,•::11 ,.c:!~!.JAMES H DOUGI../~S .~,.c:!01 .w! IU::·iS:'f,;~F WILLSu1l-/''"d >.:...-4 s:::o~Il)'O!CO .•r-!.:~I ....,j:%J!.',','r I ,',I'C I:RV n rps:::;>::r:1 ro ~.,".-~J'.1~i '.....'-L.........'.H 0 ...-40·rof OJ......'"oW A0H0m Il)Il)Z....,....,....,....,Pro•Il)~~~s:::0 ...-4 ...-4 OJA .... ,., 1 '("t LAST WILL AND TESTAT'.1ENT I,H.C~RLES COT{T\j,of the Borough of Charleroi,County of Washington,Commonwealth of Pennsylvania,do hereby make this m Last Will and Testament,hereby revoking any and all Wills at any time heretofore made by me. FIRST:I direct that all of my just debts and funera expenses shall be paid as soon as may be convenient after my death. S~COND:I s:rive and beql'eath to my wife,EDYTHE COHN, all household goods,furniture,furnishin~s,books,pictures, paintin ~s,silver,ctinaware,jewelry and automobiles,if any, wh~ch I may own at the time of my death. THIRD:If my wife,the said EDYTHE COHN,shall survive me,I ~ive,devise and bequeath unto EDYTHE COHN A1ID folELLOH :IJATIONAL BANK AND 'l'RUST COlVIPAl\Ty,IN TBUST,neverthe Ies s, for the uses and purposes and upon the terms and conditions herein after set fcrth,a portion of my estate ~ereihafter referred to as T~ust A,to be computed as follows: An amount equal to fifty per centum (50%)of the value of my adjusted gross estate as computed for Federal Estate Tax Durposes.In the event and to the extent,however,that there shall be included,in determinin~the value of my gross estate for Federal Estate Tax purposes,(1)the value of any interest in property which passed D rom me to my wife during my lifetime or whi h at my death shall pass to or s~811 be received or receivable by ~er otherwise than by the provisions o~this Article Third,and (2)the value of the ~roceeds of any insurance upon my life,then and in such event the amount of said devise and bequest,namely, an amount eaual to fifty per centum (50%)of the value of my adjus - ed gross estete as computed for Federal Estate Tax purposes,shall be reduced bv the value of such interests in property and the valuev_ of such insurance proceeds,as such values shall be determined for Federal Estate Tax purposes,but ohly if and to the extent that thJ values of such interests in property and of such proceeds of in- surance shall be includible ~nder applicable Federal law in com- puting the amount of the marital deduction allowable for Federal Estate Tax purposes;PROVIDED,however,that should no Federal estate tax return be necessary upon my estate,no amount shall pass under the terms of this Article Third. The Trustee shall collect the income of the property held hereunder (hereinafter referred to as the "Trust Estate") and,after paying therefrom the expenses properly chargeable to inoome in the administration of Trust A,shall pay the net income (hereinafter called "Income")quarter-annually to or for the bene- fit of my wife ,H;DYTHE COHN,for so long as she shall live.In the event that any payment of income shall be insufficient in the opinion of EDYTHE COHN,one of my said Trustees,to provide for th welfare,maintenance and support of herself,the said EDYTHE COHN, TRUSTEE EDYTHE COHN is authorized to disburse from time to time, so much of the principal of Trust A as in her opinion the same may be advisable therefor. Upon the death of my Wife,the Trustee shall transfer, deliver and pay over the principal of Trust A,together with any accrued income thereon,in such amount and to such person or persons,including the estate of the said EDYTHE COHN,as she shall by her Last Will and Testament,by specific reference to the Dower granted herein,direct.In the event of the failure of my wjfe to exercise the power of appointment given her,I direct that the principal of Trust A,and any accrued or accumulated income, shall be added to and become a part of the principal of Trust B, as created under terms of Article Fifth of this my Last Will and - 2 - Testament,as if originally a part th~reof,to be continued in trust or distributed as is provided in said Article. The amount of the rlevise and bequest made by this ArticlJ Third shall not in any event be diminished or be affected by any estate,inheritance,succession or transfer taxes which,by the laws of The United states of America,or of any state or of any sub-division or authority thereof,or of any foreign country, shall be assessed against,imnosed upon,D3yable with resnect to, or deductible from said devise and bequAst,or any propertv ,real or personal,or estate or interest therein,distributable to or ,receivable by my Trustee by reason of or in payment or satisfactio of said devise and bequest;any and all such taxes shall be paid out of my residuary estate as hereinafter expressly directed. FOURTH:I direct my Executor to payout of the prin- cipal of my residuary estate,passin3 under Article Fi~th h~reof, all estate,inheritance,transfer and succession taxes,imposed 1)pon or payable with res~Ject to any property or interest in pro- p·'rty which may be included as part of my estate for the purpose of said taxes,at such time and in such manner as my Executor in "ts sole discreticn shall determine,and no part thereof shall be collected from or prorated Among any person or persons receiving or in possession of,or receivin9 the benefit of the property or interest in property taxed;it bein~my Dsrticular intention that the bequest to my wife under Article Second hereof and the bequest and devise for the benefit cf my wife un~er Article Third hereof shall be free of all taxes. !:"IFTH:All the rest,residue and remainder of my property,real and person~and wheresoever situate,hereinafter referred to as Trust B,I ~ive,devise and bequeath unto EDYTHE ,COHN AIID MELLON NATIONAL BANK AND TRUST COMPANY,IN TRUST,NE\~R- - 3 - - I TBELESS,for the fo llow ing '..1 se s and purposes. The Trustee shall collect the income of the property held hereunder (hereinafter referred to as the "Trust Estate") and,after paying therefrom the expenses properly chargeable to income in the administration of Trust B,shall pay the net income (hereinafter called "Income")quarter-annually to or for the benefi of m7T wife,EDYTJi""E COl-<"'N,for so lone;as she shall live. Upon the death of my wife,or upon my death',if she should not survive me,the trust shall terminate and the Trustee I shall transfer,deliver and pay over the princlpal and any accrued income of the trust estate ~n equal shares to the following nieces and nephews then surviving-;HELENE COHN FRIEDMAN,Rochester,New York;WILLIAM SAUBER,Sudbury,Massachusetts;ROBERT SAUBER,Tit- usville,Pennsylvania,such then surviving issue to take per stir- pes,the share to which the parent,if living,would have been entitled,subject,however,to the provisions of the Minor Benefic- iary Clause hereinafter contained. In the event that any payment of Income hereinbefore authorized to be made to any beneficiary shall be insufficient in the opin~on of the Trustee to provide for the welfare,maintenance, support and education of such beneficiary and members of his imm- ediate family,the Trustee is authorized to use from time to time so of the principal of the trust from which such beneficiary is entitled to receive the Income as in the opinion of the Trustee .ay be advisable therefor;PROVIDED,however,that the principal of which within the provisions hereinbefore set forth shall only for the benefit of my wife,EDYTHE COHN,shall be before any payments are made to or for the benefit of my the said EDYTHE COHN,for her own use,from the principal of .:.rust B. In the event that a beneficiary hereunder shall be a inor at the time he is entitled to receive a share of the principal - 4 - or payment of income such minor's share shall be held in a separate trust during his minority by the Trustee,and so much of the Income and so much of the principal thereof as the Trustee in its discretion may deem advisable for the maintenance,education and support of such minor shall be paid to such person as may have the custody of the person of that minor at the time any such payment is made,but without liability on the part of the Trustee to see to the applicatfron of such payment,or may be expended by the Trustee direct for such purposes.Any income not so expended shall be ,added to principal and invested in accordance With the terms hereof. When SUCG beneficiary attains the age of twenty-one (21)years,the then principal shall be transferred and delivered to such bene- ficiary absolutely,except in a case where by the provisions here- inbefore contained such beneficiary is not to receive distribution of principal at such age. Any provision of this Will to the contrary notwithstanding, Ino trust hereby created or provided for shall under any circumstance continue for a period longer than the lives of all the beneficiaries herein named or described who are living at the date of my death, and the survivor thBreof,and twenty-one (21)years after the death of the survivor of such beneficiaries,at the end of which time every such trust then existing shall terminate and the principal Ilthereof,together with any accumulated or accrued income thereon, shall be transferred and delivered to the person or persons then receiving the income therefrom and in the same proportions. The Trustee may in its discretion establish,make division or distrib~tion of any trust hereunder in kind or in money,or artly in kind and partly in money,and determine the fair value of property then being placed in trust,divided or distributed nd allot different kinds of,or interests in,property to different hares.The Trustee may take any action that may be necessary or - 5 - proper in establishing any such trust or making any such ~ivision or distribution,and the valuation,d~signation,division and par- tition of any or all of such property,real or nersonal,shall be binding and conclusive upon all persons interested therein. Neither the principal nor the Income of any trust hereund r shall be liable or subject to the contracts,debts,liabilities or torts,now or hereafter made,contracted,incurred or co~mitted,: of any beneficiary;nor shall the principal or Income o~any trust be liable to attachment by garnishment proceedings or other legal process;nor shall any assignment or order,either of principal or income,given by any beneficiary be valid;but the principal and . .income shall be paid by the Trustee direct to or for the use of the I beneficiary entitled thereto;without re6Brd to any assignment,ord1r, attachment or claim whatever.Nothing herein contained shall be !. ; construed to limit or control the power of appointment granted here n to my wife,EDYTHE com~. The lrustee shall be entitled to receive annually compen- :sation for its services hereunder in accordance with the schedule of compensation of the Trustee currently in effect when the service~ are performed. SIXTH:In acting as Trustee hereunder,my Trustee shatl have full power and authority,without the necessity of obtaining the consent of any court,to do all acts,to execute,acknowledge and deliver all instruments and to exercise for the sole benefit ofl I the beneficiaries hereunder any and all powers and discretions WhiC' would be lawful for it were it in its own ri~ht the actual owner ofl the property held in trust,inclUding by way of illustration,but ' .not limitation,any or all of the folloWing: (1)To accept from my Executor in kind any or all of my investments or property,real or personal; (2)To hold in the form of cash,awaiting distr~bution or desirable investments,such portion of th - 6 - T~ust Estate as at any time and from time to time the Trustee in its discretion shall deem advisable,without liability to account for interest thereon; (3)To retain any or all securities and other property,real or personal,which at any time may be or become a part of the Trust Estate,as well as any property into which the same or any part thereof may be converted by reason of any reorganization,recapitalization,con- solidation,me~ger,liquidation,exchange or other trans- action,for such time as the Trustee shall deem advisable. The provisions of this sub-paragraph shall apply to the capital stock of Mellon National Bank and Trust Company and any corporate successor thAreto at any time held hereunder; (4)To sell,convert,assign,convey,exchange transfer or otherwise dispose of,or grant options with respect to,any or all securities or other property, real or personal,at any time constituting part of the Trust Estate,at public or private sale,for such consid- eration and upon such terms and conditions as the Trustee ahall deem advisable,and without liability on the part of the purchaser to see to the application of the purchase Doney or to inquire into the validity or propriety of such sale;and to execute and deliver good and sufficient deeds for any real estate,conveying title free and clear of all trustB; (5)To invest and reinvest the Trust Estate cr any part thereof in any kind of property,real or ~ersonal,including,wtthout limitation,mortgages or mortgage participations,common trust funds,common stocks preferred stocks,bonds,notes,and other securities, - 7 - regardless of whether the same are legal investments for trust funds as now or hereafter defined by law,whether by statutory enactment,judicial decision or otherwise; (6)To manage and operate all real estate at any time held hpreunder:to lease all or any part of the same for such terms and rentals and upon such condi- tions as the Trustee shall deem advisable,notwithstandin the term of such lease may extend beyond the life of any trust hereunder;to release,partition,vacate or abandon the same;to grant and acquire licenses and easements wit respect thereto;to make improvements to or upon the same; to construct,demolish,alter,repair,maintain and rebui buildings and other improvements;and to use other assets of the Trust Estate for any of such purposes; (7)To carry the securities and other pro- perty held hereunder et ther in -i ts ONn name or in the name of its nomineer (8)To vote,in person or by proxy,all securities held hereunder;to join in or to dissent from 8~d oppose the reor 7 8nization,recapitalization,consol- idation,me:,ser,liqlJidation or sale of corporations or properties;to exchange securities for other securities issued in connection with or resulting from any such transaction;to pay any assessment or expense which it may deem advisable for the ~rotection of its interests as holder of any such securities;to deposit securities in any votin3 trust or with any protective ~like committee or with a trustee or depositary;to exercise any options appurtenant to any securities for theconversion thereof into other securities;and t®exercise or sell any ri~hts issued upon or with respect to the securities of any cor- - 8 - poration;all upon such terms as the Trustee shall deem advisable; (9)To prosecute,defend,compromise,arb- itrate or otherwise adjust or settle claims in favor of or against the Trustee or the Trust Estate; (10)To employ and pay counsel,brokers and such other assistants and agents as the Trustee may deem advisable,without liability for any loss occasioned by the action or failur8 to act of any such counsel,broker, assistant or agent selected With reasonable care. The grant to the Trustee of any s~ecific power,authorit.TI lor discretion,or the failure to grant specifialily herein Ipower,authority or discretion,shall not be construed to any other limi t or 8urtail in any way or to any extent said full and complete power, 9uthority and discretion,which it is intended and directed shall Je exercisable at all times by the Trustee respecting any and all matters of whatsoever character pertaining to the Trust Estate or any part thereof. The Trustee,acting in good faith,shall not be respon- sible or a~countable for any loss reSUlting from the exercise or ,.on-exercise of any of the powers or discretions conferred upon it y the provisions of this Article. SEVENTH:The Trustee may resign at Dny time by petitioni g the Orphans'Court of Washington County to designate and appoint a uccessor Trustee.At such time os the successor Trustee sball 8cept the trust,the Trustee shall delivqr to such successor Truste oe securities and other property then comprising the Trust Estate. EIGHTH:The word I rustee fl as herein used means EDYTHE OHN ABD MELLON NATIOKAL BAI~AND TRUST COMPAlrY,and any successor rustee hereunder.Every successor Trustee shall have all of the - 9 - !rights,powers,titles,privileges and duties,whether discretionar or otherw~se,herein given to the original Trustee and shall be sub ject to the same reservations,limitations,terms and conditions. NINTH:Any corporation into which the Trustee may be merged,or with which it may be consolidated,or any corporation resulting from any ~er2er or consolidation to which the Trustee may be a party,or any corporation succeeding to the business Of th Trustee or to which substantially all the assets of the Trustee may be transferred,shall be the S11ccessor Trustee hereunder \lvithout the giving of any notice,the execution or filing of any paper,or any further action on the part of the Trustee,With like effect as if such s~ccessor Trustee had originally been named Trustee herein. TENTH:I hereby appoint EDYTHE COHN AND MELLON NATIONAL DANK AND TRUST COMPANY Executors of this my Will,giving and granting to my Executors the same broad powers of retention, sale,conversion,investment and management of my estate,real and persona~,as are granted to my Trustee under Article Sixth of this Will,and in addition the right to distribute my securities or other prop9rty in kind to my Trustee. In case of the inability or refusal of MELLON NATIONAL BANK AND T~UST COMPANY,or any successor bank or trust oompany,to act or continue as Executor hereunder as to all or any part of my estate,whether this be occasioned by refusal to accept,resigna- tion or otherwise,I direct that a successor bank or trust company shall be selected to act as Administrator Cum Testato Annexo here- cmder by the Orphans'Court of Washington County as to any real or personal property which is subject to the jurisdiction of said Cour , and as to any property not subject to the jurisdiction of said Cour then by the Court having jurisdiction of the administration of such property. -10 - ·' IN WITNESS WH~REOF',I have hereunto set my hand and seal this ?c.JJ'\.da y of _,1957. Signed,sealed,published and d~clared by H.CHARLES COHN,the Testator above-na~ed,as and ~or his Last Will and Test- ament 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 hereto. ~g:$UJk~~ _~L-t..t,~ -11 - ..• C!IontIDnUlUPttlt4 nf Jrnusyluauta lllIIa~l,itt!ltl1tt <U.ouuty•.fUI: BE IT REMEMBERED,That upon this ~.'J:.U"day of M.~lv.~mQ~.r.. 19 J?~./before me ~.~~.~!.i~.P..Qy.,g,+...~.~Register for the probate of Wills and granting Letters of Administration within and for said county,came .. Jesse Z.Guttman and Melvin B.Bassi.............................................................................................................................................................................................................................................................. ............................................................................................................the subscribing witnesses to the foregoing'attached Will of ...........................................R.~G.h~.~..!9..Q00 . deceased,who,after being duly qualified according to law,depose and say;That they were present at the execution of said Will-saw the testat....Or.sign the same-heard fl1m publish it as and for ..........H1.3..last vVill and Testament;that they at.....HiS request,in HiS presence,and in the presence of each other,subscribed their names thereto as witnesses;and at the time of the doing thereof said testat..Qr.was of sound,disposing mind,memory and understanding,to the best of the affiants' knowledge and belief. .Sworn and Subscribed Before Me ~~...d ......~~.~ Register ~l h"",_~~m"m ...........l ~=~r~~.