HomeMy WebLinkAbout2091_CUNNINGHAM_ERLE_92_254_12-11-1960_12-16-1960t
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LAST WILL AND TESTAMENT
OF
ERLE L.CUNNINGHAM
And now Deeember 16,1960,
it being adjudged t ha t said
Will has been duly proved,
it is hereby admitted to pro-
bate and ordered to be record-
ed,and Letters Testamentary
are issued to Elizabeth M.
Cowden,who was duly quali£ieq~
and to Mellon National Bank
and ~rust Company,whose propd~
o££icer was duly qualified.
James H.Douglas,
Register.
G.ASHTON BROWNLEE
ATTORNEY AT LAW
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WASHINGTON.PA.
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,.WILL BOOK 92 PAGE 2.54
(
Application for Jrohatr of lIill of..~.B;k.~~A••••(:;VNNING.HA.M ~/~/~~L.CUNNINGHAM
......................................................late of ~}J...P.~.~.~.Y...~.::..~.~~~?~~.~.?..~.~g.~?.~,Washington County,
Pennsylvania deceased,and ~rant of 14ttttrS Wtstamtntary.
REGISTER'S OFFICE }
WASHINGTON COUNTY,SS.:
El'b th M C d dBefore the Register of Wills of Washingtonlzae •owen an Charles W.Campbell,Trust
County,personally appeared Qf.n.~.~.r.QLM.~.ll.Q.n..N;a..t.i.Q.nP.rL.l?.9.<nk..g.ng...T.r..1J.!?t..(:;g.illP..P.rhlY...who being
duly sworn says that ~.E~.~~.!s:.~.~!.:.~.~g~~~..late resident of
....W.a.shingt.o.u ,Washington County,Pennsylvania,a citizen of Y.?!.?:died
testate at YY..~.~?~;r:,g~g.~,t...R~.~;r:.?.y!..Y.~;r:J~on the P.1.~day of...P~.~.~~}?.~.!.A.D.19 ~..~.
at...U o'clock 9.<A m.,age 3J leaving an estate of the estimated value of $y.g.4.~.t.~.!:!P.:1.g~.9-..
personalty,and $n.9.realty,said real estate being located ilL ,..
The decedent's legatees and devisees are as follows:
a
NAME RELATIONSHIP RESIDENCE
Ada V.Cunningham Widow 21 7 Dewey A venue
Washington,Pennsylvani
lizabeth M.Cowden Daughter Hickory,Pennsylvania
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Testator has ~.9.~married and ;r:5?children have been born since the
execution of the will offered for probate.
October 13,1959Petitionerpraysthatthepaperwritingfiledherewithdated .
may be admitted to probate as the last Will and Testament of said decedent,and to grant Letters Testamen-
tary thereon to ~~.~.~~.?~.~.~M~q.~.~~.~.!.:~~.~..~~~.~.?.~~.~.~~.?~~.~~.~~.~..~.~~!..~.~~.~~.?~.~~!:.'!.
whose post office address is 4Q S.o.uj;h..Maiu...S.tr.e.~.t.o W..a.~hingt.Q.D.J P~.D.n.§.yly.a.n.t.a.._.-
Sworn to and subscribed before me this J.Q.t.h ..
day Of ;.P...f!:S:~.!?P..f!?~/:..]A.D.19..~g ..c!;M4MJ.~il4~.
COMMONWEALTH OF PENNSYLVANIA,
WASHINGTON COUNTY,~SS.:
And now P.~.~~.~p..~.!..).9.,
Elizabeth M.Cowden and Charles W.
._Campbell,_Trust.Officer of Mellon Nationa
19 ~.Q..,comes J??.::g..~~.gQ r..!..~.§.t....~.9.~.P.~Xl:y.~
who being duly sworn doth depose and say that..~~.~.y.will weIland truly administer the goods and
chattels,rights and credits of ~."£.~~..~~~~~:~.~:~.~g,~~~\:::...........deceased,
to the best of fh~!.!.....skill and judgment in strict compliance with the laws of this Commonwealth,mind-..,---
ful of the laws relating to inheritance taxes.
Sworn and subscribed before me this ~.~.~.~..
60mberll~..A.D.19 .Dece ..
day of............IIUL . . .
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LAST WILL AND TESTAMENT
I,ERLE L.CUNNINGHAM,of the City of Washington,
Washington County,Pennsylvania,do make,publish and declare
this to be my Last Will and Testament,hereby revoking any and
all wills heretofore made by me.
FIRST:I give and bequeath to my wife,ADA V.
CU1{\TINGHAI'JI,my household goods and furnishings and other items
II of a personal nature contained in our residence.
SEC011D:I give and bequeath to my daughter,ELIZABETH
M.COWDEN,my automobile.
THIRD:I give and bequeath to my daughter,ELIZABETH
M.COWDEN,all of the common and preferred stock which I may own
in the follOWing companies at the date of my death:General
~lectric Company,International Salt Corrpany,Koppers Company,
_~erican Tobacco Company and ft~aconda Mining Company.
FOURTH:I give,devise and bequeath the residue of
my estate,real and personal,wherever situate,to MELLON NATIONAL
BANK AND TRUST COMPANY,IN TRUST,NEVERTHELESS,for the following
uses 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 the estate,shall pay the net
income (hereinafter ca.lled "Income),quarter-annually to or for
the benefit of my wife,ADA V.CUNNIHGHAIVI,for so long as she
shall live.
Upon the death of my wife,the Trustee shall pay her
funeral expenses and tbe cost of a marker for her grave.Tee
Trustee shall then hold tbe remainder of the Trust Estate as
heretofore and,in the discretion of the Trustee,shall either
pay the Income therefrom quarter-Rnnually for the education,
maintenance,and support of my grandchildren (of whom there
are three at this time)or add the same to the principal of the
I Trust Estate to be invested,in accordance with the terms
U
hereof,if in the opinion of the Trustee,my grandchildren do
not need the income for their education,main tenance and
support.These payments may be made directly to said grand-
children or to the person who has custody of said grandchildren.
As each of my grandchildren reaches the age of 21 years then
the Trustee shall pay directly to each grandchild that child's
sh~re of the income of this Trust Bstate and as each grandchild
I reaches the age of 26 years then the Trustee shall pay to each
grandchild his share of the principal of the Trust Estate
absolutely.
In the event of the death of any grandchild,without
issue,before that grandchild becomes 26 years of age,such
grandchild's share of this Trust Estate shall be paid to my
11 remaining grandchildren as hereinbefore provided.If any
,grandchild should die before becoming 26 years of age,with issue
surviving,such surviving issue shall be entitled to receive from
this Trust Estate the interest and principal of this Trust Estate
which his parent would have received if living,in accordance
with the terms hereof.
If all of my grandchildren should die before reaching
the age of 26 years ,without issue surviving,I direct that this
Trust Estate be terminated and direct the Trustee to pay the
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principal of this Tr'ust Estate,in equal shares,to the BETHEL
METHODIST BPISCOP~L CHURCH,located abokt three miles from the
Village of Eldersville,Washington County,Pennsylvania,and to
the CROSS CREEK PRESBYTERIAN Ch~RCH,located in the Village of
rl Cross Creek,Washington County,Pennsylvania,to be invested
I in legal securities and the income therefrom to be applied to
the pastor's salary.
In the event that any payment of Income,hereinbefore
authorized to be made for the benefit o~my wife,ADA V.
CUNNINGHAM,shall be insufficient in the opinion of the Trustee
to provide for the welfare,maintenance and support of her,
then I authorize the Trustee to encroac~upon the principal
of this Trust Estate even to the exhaustion of the Trust Estate,
if in the opinion of the Trustee the same is necessary.
In the event of the death of any beneficiary of
Income,any undistributed Income in the hands of the Trustee
held for such beneficiary at the time of his death shall be
~paid to the person or persons for whose benefit the principal
I represented by such Income is continued in trust or to whom
II it is distribu ted under the terms of this Will.
I
Neither the principal nor the Income of any trust
hereunder shall be liable or subject to the contracts,debts,
liabilities or torts,now or hereafter made,contracted,incurred
or cOffiflitted,of any beneficiary;nor shall the principal or
I
II Income of any trust be liable to attachment by garnishment
proceedings or other legal process;nor shall any assignment or
II
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I .
order,either of principal or Income,given by any beneficiary
be valid;but the principal and Income stall be paid by the
Trustee direct to or for the use of the beneficiary entitled
thereto,without regard to any assignment,order,attachment,
or claim whatever.
FIFTH:In acting as rCrustee hereunder,the Trustee
shall have full power and authority,without the necessity of
obtaining the consent of any court,to deal with the trust as
if it in its own right were the actual owner of the property
held in trust,incl1;ding by way of illns tration,but not
limitation,the following:to accept any assets in kind from
my Executrix or Executor;to hold cash,awaiting distribution
for desirable investments,without liability for interest;to
retain assets,real or personal,or to sell,option or otherwise
dispose of any of them;to invest and reinvest the trust assets
without being limited to so-called "Legal Investments"for
fiduciaries;to manage and operate all real estate;to carry
assets in its own name or in the name of a nominee;to vote,
in person or by proxy,all securities held hereunder;and to
make djvision and distribution of my estate in kind.
SIXTH:I hereby appoint my daughter,ELIZABETH M.
COWDEN,and MELLON NATIONAL BANK AI'ID TWJST COMPANY as Executors
of this,my Will,giving and granting u~to them the same
broad powers of investment and management of my Estate as are
granted to the Trustee under Article FIFTH hereof,and in
addition the right to distribute my securities or other
property in kind to my Trustee.
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I direct that all estate,inheritance and other taxes
in the nature thereof,together with any interest thereon,
becoming payable because of my death with respect to the prope:::>ty
constituting my gross estate for death tax purposes,whether or
not such property passes under this Will,sh~ll be considered a
part of the expense of the administration of my estate;and no
legatee or devisee or any person having a beneficial interest in
any such property,whether under this Nill or any codicil thereto I
or otherwise,shall at any time be required to refund any part of
such taxes.In the absolute discretion o~my Executrix or
~Executor such taxes may be paid immediately,or the payment of
~taxes on future or remainder interests may be postponed until the
I time possession thereof accrues to the beneficiaries,in which
event such taxes shall be paid by the Tru3tee out of the principal
of the trust subject thereto.
IN WITNESS WHEREOF,I have hereunto set my hand and
seal this I JU day of October,1959.
Signed,sealed,published and declared by ERLE L.
CUNNINGHAM,the Testator above named,as and for his Will 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.1
~~-uL~~
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A -_til "
<!TnmmaulUtalt4 of Jruu!iyluauta
lIa!i~iugtnu aInuuty.55:
BE IT REMEMffRED,Tha~uz!!this ..!..~/""'day of d..~.?1.«!..A(~.
19.6ll..,before me~!&t../../:::t:..1d?:c.~~Register for the probate of
Wills and gran
the foregoing attached Will of
deceased,who,after being duly qualified according to law,depoWand say:That they were present at the
execution of said Will-saw the testat..&::7....!.~~'~1 the same-heard.~publish it as and for
..............last Will and Testament;that they at...~request,in ~.~presence,and in the
presence of each other,subscribed their names thereto as witnesses;and at the time of the doing thereof said
testat..Ll.1:!was of sound,disposing mind,memory and understanding,to the best of the affiants'
knowledge and belief.
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