HomeMy WebLinkAbout2068_DOWNER_MARTHA_132_712-721_08-30-1979_09-05-1979j
Will'
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of ~~.1::h~~.!)?g~~~~..
also knoum as _.
63-79-963No.
To:
Deceased.
Social Security No J9.Q:::.Z.Q.:.7..~.&..:3,.
Register of Wills for the
County of Washington in the
Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s)is/are 18 years of age or older and the execut;r.J~named in the last will of the above decedent,dated
.~y Q.L................197..~and codicil (s)dated A:P~..~.t ZJ..,l9.7.JL ..
E.."e:~.9U tor :r.t.C:i.~~.4 ~.:r.t 9..J:,Jg~:r.t~.1 ~.~.!.!!~c:l~.c=..~~.~.~.c:l.......
....................................................................................................................
(state relevant circumstances,e.g.renunciation,death of executor,etc.)
Decedent was domiciled at death in Washington County,Pennsylvania,with h~.X:last family or principal residence at r.O'B.ox
.!Tl..,~pJ.~A..Y.~.I.l.l.:l:~..,G.1.f?C:i.:r:,.Y...~.~~'!'~~.J:,.~.c=..~..J ~.~9..~g.C:i.h~J.~..L l,l.C:i..~.......................................
.(list street,number and municipality)
Decedent,then J'..7...years of age,died A~g~.~.~~.Q.J 19 ..7..9..at .
7.;OQ r..,M'-~.t.Al.l.e.gh~.ny ~.n~.J.;".~.l.J::l9..$.p.lt.~..l..~~J~.~.~.p..\,1,~,gb...,~~.L .
Except as follows,decedent did not marry,was :lot divorced and did ·not have a child born or adopted after execution of the will offered for
probate;was not the victim of a killing and was never adjudicated incompetent:
Decedent at death owned property with estimated vabes as follows:
Personal property in Pennsylvania
Personal property in COU:1ty
All personal property(If domiciled in Pa.)
(If not domiciled in Pa.)
(If not domiciled in Fa.)
$4.0 0.0.0 00 ..
$.
$..
Value of real estate in Pennsylvania $lQ.~.QQ'O..~..Q.Q .
situated as follows:Ma.P.l.e.Av.e..nu.e C.le..~x:.v..ie.w.t~.Ix:.~~.~..,G.~xx:9..ll l.'.Qw.n$..hJp..,W.~$..b..i.n.g,t..QP...
.G.9..\J.:~.~.y.,~g.!m$..ylY..n~.C:i.....................................................................................................................................................................................
WHEREFORE,petitioner{s)respectfully request{s)the probate of the last will and codicil{s)presented herewith and the grant of
letters '!'~~.~~~~.~~!1..J:,.y.............................................................................................................................................................................................................thereon.
~~3.~7J/!~~"'·~'""~:'~~;:;"'~":~:'·'·i'~;~~·~::~':~:·~;Il;;~~e~p;;;:t;p~:I~i~1~~~fJ·....
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55:;::~"d'''''''" .~'rn"ti:>bO",p..ti.i~....HH...........
OATH O?PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA
T WASHINGTONCOUNTYOF .}SS
The petitioner{s)above·named swear{s)or affirm(s)that the statements in the foregoing petition are true and correct to the best of the
knowledge and belief of petitioner(s)and that as personal representative{s)of the above decedent petitioner{s)will well and truly adminis-
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No .6.3.:::.1...9.-963
Estate of Martha M.Downer. ...................................................................,Deceased
~DECREE OF PROBATE AND GRANT OF LETTERS
AND NOvV,..-:~.19 ..7.9.,in consideration of the petition on the reverse side hereof,satisfactory proof having
been presented before m ,IT IS DECREED that the instrument(s),dated ~y ~.L !.~.??,~.r.t.~Ap~.~J.?..!..LJ..~.?..§,
described therein be admitted to probate and filed of record as the last will of ..Mc.l.~.~.h~~~:P..9.w.:I:l.~~.
:::~::::):~;~~~~~··~~··~~:~::~·~::~~:~~.~:n.~:~:::::::::::::::::::::::::::::::::::::::::::::::::::.::."::.:.:..:.::'::.:::::.:::..:::.::::..:::.::::::..::..: .
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............................................j Reg1.8tero
Short Certificates (3)
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Probate,Letters,Etc.
715 West Main Street................................................................................................................................................
ADDRESS
Monongahela,Pennsylvania 15063
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PHONE
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TOTAL
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$f..!J..:..(?P .
Renunciation
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i!\egister of IIills
of II usqington <tlountl1
Oath of Subscribing Witness
vw.H.Robinson and Darla Toprani
ect>\ClL
Mtlkil i1 ND
(each)a subscribing witness to the will presented herewith,(each)being duly qualified according to
they wer~Martha M.Downerlaw,depose(s)and say(s)that.. . ....present and saw .
h riT .h d h she .d . h...................., t e testat A ..,sIgn t e same an t at slgne as a wItness at t e
request of testat ..I.'~~..in h .~~r.presence and (in the presence of each other)(in the presence of the
other subscribing witness(es)).
Sworn to or affirmed and subscribed .hN ..,Q~\J .
~.......
(Name)
'-I\J....NYo-J.../U....QQ....i.5..b3
7:719....
~ruTOiIFortheRegislj(!/
.gA:iethIS. . . . . . . . . . . . . ...day of
~9
CODICIL TO THE LAST WILL AND TESTAMENT
OF
MARTHA M.DOWNER
I,MARTHA M.DOWNER,of carroll Township,Washington County,
Pennsylvania,do make,publish and declare this to be the First Codici~
to my Last will and Testament dated the 6th day of May,A.D.1975.
FIRST:That I direct that Paragraph "Sixth"of my Will
be amended to read as follows:
I hereby nominate,constitute and appoint my husband,
ROBERT P.DOWNER,as the Executor of this,my Last Will and Testament,
to serve without bond.Should my said husband predecease me or should
we both die in a common accident,or at the same time,then in such
event,I hereby nominate and appoint my sister,MARY JONES,of
McKeesport,Allegheny County,Pennsylvania,as the Executrix of this,
my Last Will and Testament,to serve without bond.
In all other respects I ratify and confirm my said Last Will
and Testament dated the 6th day of May,A.D.1975.
WITNESS my hand and seal this ~day of April,A.D.1978.
Signed,sealed,published and declared by the above named
Testatrix,MARTHA M.DOWNER,as and for the First Codicil to her Last
Will and Testament,dated the 6th day of May,A.D.1975,in the
presence of us,who,at her request,in her presence and in the presence
.,
••1,r.
LAST WILL AND TESTAMENT
OF
MARTHA M.DOWNER
I,MARTHA M.DOWNER,a resident of Carroll Township,
Washington County,Pennsylvania,being of sound mind and memory,
hereby revoke all wills and codicils,as well as all instrument
of a testamentary nature heretofore made by me,and do hereby
make,publish and declare this to be my Last Will am Testament
in manner and form following:
FIRST:I direct that all my just debts,funeral
and testamentary expenses shall be paid by my Executor or
Executrix hereinafter named,as soon as conveniently may be
after my death.
SECOND:All the rest,residue and remainder of my
estate,I give,devise and bequeath to my husband,ROBERT P.
DOWNER,if he survives me by a period of thirty (30)days.If
my said husband does not so survive me,I then give,devise and
bequeath all the rest,residue and remainder of my estate to
EQUlBANK,N.A.,a National Banking Association with offices inj
the City of Pittsburgh,Allegheny County,Pennsylvania,IN TRUS ,
NEVERTHELESS,for the uses and purposes hereinafter set forth.
A.My Trustee shall hold the assets of my estate
for the use and benefit of my grandson,ROBERT DOWNER,with the
ldirectionthattr.e Trustee shall retain and accumulate the net
income which shall be added to the principal of said Trust
Estate until he attains the age of twenty-one (21)years,at
,.
which time the Trustee shall distribute one-half (1/2)of the
principal and accumulated income of said Trust,to my grandson,
the said ROBERT DOWNER.
B.Upon the said ROBERT DOWNER attaining the age of
twenty-five (25)years,the then principa~and accumulated
income shall be transferred to him absolu:ely and free of Trust.
C.Should my said grandsQn,.ROBERT DOWNER,elect to
attend college or vocational school,after completion of his
secondary education,so much of the income and so much of the
principal thereof,my Trustee,in its discretion shall pay to
my said grandson as the Trustee may deem advisable for the
maintenance,education and support of the said ROBERT DOWNER
during attendance at said school,and shall be paid to him
from time to time to him out of the assets of said Trust
Estate to be used only for such purpose.
D.In addition,my Trustee shall pay to or for his
benefit such sums from the principal or accumulated income of
said Trust as in its sole discretion might become necessary or
advisable from time to time for support of the said ROBERT
DOWNER by reason of illness or any infirmity or incapacity,
keeping in mind that his maintenance and support is the
obligation of his mother,PAMELA DOWNER.
E.Should the said ROBERT DOWNER die before the
principal and accumulated income are paid to him,said Trust
shall terminate and my Trustee shall distribute the entire
balance of the Trust Estate to my nieces,~~RTY ANN BARNES,
of Atlanta,Georgia,and JAY MUENTZ,of Sa~Jose,California,
their heirs and assigns,in equal shares.
THIRD:
·,
Neither the principal nor the income here-
under shall be liable or subject to the contracts,debts,
liabilities or torts,now or hereafter made,contracted,incurr d
or committed,of any beneficiary;nor shall the principal or
income 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 my Trustee direct to
or for the use of the beneficiary entitled thereto,without
regard to any assignment,order,attachment or claim whatever.
FOORffi:In addition to powers given it by law,my
Trustee,together with its successor,shall have the following
discretionary ?owers applicable to all real and personal proper y
held by it,including property held for minors,effective witho t
court order and until actual distribution:
A.To take and to retain as an investment,without
any duty of diversification,any and all securities,or other
property,real or personal,received hereunder,including
specifically stock of the corporate fiduciary.
B.To invest and reinvest in such stocks,bonds,
mortgages,securities or other property,real or personal,
including any common trust funds,as they may believe advisable
without being limited to the classes of securities or investmen s
in which fiduciaries are authorized by law to invest trust fund
including specifically stock of the corporate fiduciary.
c.To operate any business,cause or join in any
incorporation,partnership,recapitalization,merger,reorgani-
zation or voting trust plan;to delegate authority with respect
,,
thereto;to 1eposit investments under agreements and pay assess-
ments;and g~nerally to exercise all rights of investors.
D.To compromise controversies.
E.To exchange or sell for cash,property or
credit,publicly or privately,or to lease for any term regard-
less of the duration of any trust hereunder and to give options!
for these purposes without obligation to repudiate them in favor
of a higher offer.
F.To make distribution hereunder to any person
entitled thereto in kind,in cash,or partly in kind and partly
in cash,as it shall believe advisable.
G.To borrow money,including the right to borrow
from the corporate fiduciary in its commercial banking capacity,
and to mortgage and pledge as security.
FIFTH:If my grandson,ROBERT DOWNER,should not
survive me,then the Trust hereinbefore set forth above shall
lapse and all the rest,residue and remainder of my estate shall
be distributed directly to my nieces,MARTY ANN BARNES,of
Atlanta,G~orgia,and JAY MUENTZ,of San Jose,California,their
heirs and assigns,in equal shares.
SIXTH:I hereby nominate,constitute and appoint
my husband,ROBERT P.DOWNER,as the Executor of this,my Last
Will and Testament,to serve without bond.Should my said
husband predecease me or should we both die in a common acciden
or at the same time,then in such event,I hereby nominate and /
appoint my friend,IRENE FORD,of the City of Pittsburgh,
Allegheny Ccunty,Pennsylvania,as the EKecutrix of this,my
Last Will and Testament,to serve without bond.
..,.
May,A.
IN WI TI\ESS WHEREOF,I have on this ~day
D.1975,signed,sealed,published and Jec1ared
of
the
foregoing instrurr-ent as and for my Last Will and Testament in
the presence of each and all of the subscribing witnesses each
of whom I have requested in the presence of the others to
subscribe their names as attesting witnesses,in my presence and
in the presence of the others.
(SEAL)
This instrument,consisting of five (5)typewritten
pages was subscr~bed,sealed,published and declared by MARTHA •
DOWNER,the Testatrix above named,as and for her Last Will and
Testament in our presence,and in the presence of each of us,
and we at the same time,and at her request and in her presence
and in the presence of each other,hereunto subscribed our name
~~.and addresses as attesting witnesses this ~day of May,
A.D.1975.
Residing at
'.