HomeMy WebLinkAbout2119_BARBUSH_HARRY_81_211_01-29-1954_02-23-1954\.
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WILL
OF
HARRY BARBUSH
And now,Feb.23,l954,it
being adjudged that said Wil
has been duly proved,it is
hereby admitted to probate
wld ordered to be recorded;
and Letters Testamentary are
issued to Michael E.Kusturi~s,
in said testament named,
who was duly qualified.
James H.Douglas
Register
MICHAEL E.KUSTURISS
A1TORNEY AT LAw
21 W.PIn sr.
CANONSBURG.PA.
,r
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J WILL BOOK 81 PAGE 211
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l\ppliratiou for Jrobatr of Ifill nf__---=HA=R::..::..::R..:...::.Y_B:...::..:A:.:::.:.:RB.......:U:...:.:...SH:::.....--_
_____--'ate of Burgettsto:w_n ,"ashington County,
Pennsylvania deceased,and ~ntltt of 'tlietters mcstamcntaru.
REGISTER'S OFFICE,
WASHINGTON COUNTY,~88.:
who being
Before the Register of Wills of Washington
County,personally appeared ---=M~i=_c=.:h=a.e=_=l=___..::E=....::...--=:.Ku:-s:-t:....u~r_i_s_s _
duly sworn says that Harry Barbus::..::h=---.late resident of
-----'B=u:..:=:rJ:g>..:e::....t=--=-t=s~t:...:::o:...:w.:...:n=---__,Washington County,Pennsylvania,a citizen of U.S •A.died
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at 3:23 o'clock a.m.,on the 29th day of .=J.=a:..::n::..:u=.:a=.:r=-ylL-A.D.19 54.
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leaving an estate of the estimated value of $5060 -personalty,and $,---i.!OC;;u0..L..r-uO..L,(')uO..L-_- 7
realty, said real estate being located in rB..J~]1fJ.;~7 00.-·
The decedent's legatees and devisees are as follows:
W.Va.
eirton,
"
"
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"Pa.wtown,
Pa.
nald,
Va.
n,W.
Pa.
stown,
va'
ln,W.
:-IA~1E RELATIOKSHIP RESIDENCE
Rose Barbush Wife 164 Main St.,Burgett
Michael Brown Grandson 3141 Pa.Ave.,Weirto
Harry Brown """""
William Barbush -Neohew
Sophie Barbush Palavis Daughter 135 Clearview Ave.,W
Nicholas Palavis Grandson """
Toni Kay Palavis Grandaughter'"""
Rosemary Palavis Grandaughter """
Despa Barbush Nevergall Daughter 164 Main St.,Burgett
Penny Edna Rose Nevergall Grandaughter """"
Margaret Barbush Phillips Daughter 218 Station St.,McDo
Thomas John Phillips,Jr.Grandson """"
Mary Barbush Brown Daughter 3141 Pa.Ave.,Weirto
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Testator has,_~n~o~t~married and n_o'-_=--children have been born since the
execution of the will offered for probate.
Petitioner prays that the paper writing filed hel:e with dated__-"'D~e~clo!.e~m~b~e~r'--~1..:!:1~,-----"1~9~5~3---
_____________may be admitted to probate as the last Will and Testament of said
decedent,and to grant Letters Tes,tamentary thereon to,__-=M=1=.·c",-h=a=e:...:l=---,E~.-",K:..:u::..:s::....t~u==-r-=i:..::s:..::s::......._
whose postoffice address is 23 N.Jefferson Avenue,Canonsburg,
Pennsylvania.
8worn to and subscribed before me this /7
Executor
COMMONWEALTH OF PENNSYLVANIA,
WA'SHINGTON COUNTY,~88.:
~aJQf~~'chael E.Ku~ss
Executor
And now February /7 ,19 54,.comes Michael E.Kusturiss
who being duly sworn doth depose and say that he_will well and truly administer the gLlods and chat-
tels,rights and credits of Harry Barbush ,deceased,
"to the best of his skill and judgment in strict compliance with the laws of this Commonwealth,
'mindful of the laws relating to inherit,ance taxes.
Sworn and subscribed before me this-'-I---.Zr--__
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LAST WILL AND TESTAMENT
I,HARRY BARBUSH,of Burgettstown,Washington County,
Pennsylvania,do hereby make this my 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 funeral expenses
shall be paid as soon as may be convenient after my death.
SECOND:I give and bequeath to my wife,Rose Barbush,all
household goods,furniture,furnishings,books,pictures,paintings,silver,
chinaware,jewelry and automobiles,if any,which I may own at the time
of my death;provided,however,that if my wife shall fail to survive me for
a period of sixty days,I give and bequeath said property to,my children me
surviving,in such shares as they may determine.
THIRD:I give,devise and bequeath the sum of Fifteen Hundred
($1,500.00)Dollars to Michael Brown,and a like sum of Fifteen Hundred
($1,500.00)Dollars to Harry Brown,both of whom are children of my
daughter,Mary Brown,and the sum of One Thousand ($1,000.00)Dollars
to each of my other grandchildren surviving at the date of my death.
FOURTH:I give,devise and bequeath the sum of Fifteen Hundred
($1,500.00)Dollars to William Barbush,son of Gus Barbush,of Weirton,
West Virginia,to help him further his education.
FIFTH:If my wife,Rose Barbush,survives me,or is presumed
to have survived me as hereinafter provided,I give,devise and bequeath to
MELLON NATIONAL BANK AND TRUST COMPANY,IN TRUST,NEVER-
THELESS,for the uses and purposes and upon the terms and conditions here-
inafter set forth,a po.ttion of my estate,hereinafter referred to as
TRUST A
having a value equal to fifty (50%)per centum of the value of my adjusted
gross estate as finally determined for Federal estate tax purposes,less the
value for such purposes of all interests in property and proceeds of
insurance on my life,if any,which pass or have passed to my wife under
the other provisions of this Will or otherwise than under this Will,but only
to the extent that such values are included in determining the amount of
marital deduction allowed for Federal estate tax purposes in my estate.
This portion of my estate,undiminished and unaffected by any estate,succession,
legacy or inheritance taxes,shall be paid and transferred by my Executor to
the Trustee,either in cash or in kind,or partly in cash and partly in kind,
at the values finally determined for Federal estate tax purposes.
For the purpose of this article of my Will,if my death and the
death of my wife,Rose Barbush,occur under such circumstances that there
is no sufficient evidence that we have died otherwise than simultaneously,I
direct that my wife shall be presumed to have survived me,and any presump-
tion of law to the contrary shall not be applicable.
Notwithstanding anything to the contrary contained in this my
Will,I direct that there shall not be allocated to "Trust A"any property or
the proceeds of any property which would not be allowed as a part of the mari-
tal deduction in determining the Federal estate tax on my estate.
The Trustee shall collect the income from "Trust A"and,after
deducting therefrom any charges and expenses properly chargeable to income
in the administration of said trust,shall pay the net income (hereinafter called
"IncomeII)quarter-annually to or for the benefit of my wife,Rose Barbush,
for so long as she shall live.In the event that any such payment of Income
shall be insufficient in the opinion of the Trustee to provide for the welfare,
maintenance and support of my said wife,the Trustee is authorized in its
discretion to use from time to time so much of the principal of 'ITrust Air as
,
in the opinion of the Trustee may be advisable therefor.
vThe right of my said wife to the income of "Trust All shall not be
subject to assignment,alienation,pledge,attachment or claims of creditors.
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I,'I
Upon the death of my wife,Rose Barbush,the Trustee shall
transfer,deliver and pay over the then principal of ItTrust AIt,together
with any accrued or undistributed income thereon to or for the benefit of
such person or persons or corporation or corporations,or to the estate of
my said wife,in such amounts and subject to such trusts,terms and condi-
tions,as my wife may by her Will appoint,such appointment to be effective
only if specific reference is made to the power herein given;and in the event
of the failure of my wife so to exercise the power of appointment herein
given to her,I direct that the principal of ItTrust A"and any accrued or
undistribted income shall be added to and become a part of the principal
of ItTrust Bit,created under the terms of Article Seventh of this my Will,as
if originally a part thereof,to be continued in trust or distributed upon the
death of my said wife as provided in said article.
SIXTH:I direct my Executor,hereinafter named,to payout of
the principal of my residuary estate,passing under Article Seventh hereof,
all estate,succession,legacy and inheritance taxes,imposed upon or
payable with.respect to any property or interest in property which may be
included as part of my estate for the purposes of said taxes,at such time
and in such manner as my Executor in its sole discretion shall determine,
and no part thereof shall be collected from or prorated among any person or
persons receiving or in possession of,or receiving the benefit of,the property
or interest in property taxe'd;it being my particular intention that the bequest
to my wife under Article Second hereof and the bequest and devise for the
benefit of my wife under Article Fifth hereof shall be free of all such taxes.
In the absolute discretion of my Executor,such taxes may be paid immediately,
or the payment of taxes c;m future or remainder interests may be postponed"".
until the time possession thereof accrues to the beneficiaries,in which event
such taxes shall be paid by the Trustee out of the principal of the trust subject
thereto.
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SEVENTH:All the residue of my property,real and personal,
and wherever situate,hereinafter referred to as
TRUST B
I give,devise and bequeath to MELLON NATIONAL BANK AND TRUST
COMPANY,IN TRUST,NEVERTHELESS,for the following uses and purposes:
(a)The Trustee shall collect income from "Trust B"and,after
deducting therefrom any charges and expenses properly charged to income
in the administration of said Trust,shall pay the net income (hereinafter
called "Income"),quarter-annually to or for the benefit of my wife,Rose
Barbush,for so long as she shall live.
Upon the death of my wife,or if she shall predecease me,the
Trustee shall transfer,deliver and pay over the principal of "Trust B",to-
gether with any accrued or undistributed income thereon,to my surviving
children or their issue,per stirpes.
(b)In the event that any payment of Income hereinbefore authorized
to be made to any beneficiary shall be insufficient in the opinion of the Trustee
to provide for the welfare,maintenance,support and education of such bene-
ficiary and members of his immediate family,the Trustee is authorized to
use from time to time so much of the principal of the trust from which such
beneficiary is then entitled to receive the Income as in the opinion of the
Trustee may be advisable therefor;PROVIDED,however,that the principal
of !!Trust A",during the lifetime of my wife,Rose Barbush shall be used
solely for her benefit and must be exhausted before any payments are made
for her sole benefit from the principal of 'lTrust B".
(c)In the event that a beneficiary hereunder shall be a minor at
the time he is entitled to receive a share of the principal or 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
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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 application 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 such beneficiary attains the age
of twenty-one (21)years,the then principal and any accrued or accumulated
income shall be transferred and delivered to such beneficiary absolutely.
(d)Neither the principal nor the Income of "Trust Btl hereunder
shall be liable or subject to the contracts,debts,liabilities or torts,now
or hereafter made,contracted,incurred or committed,of any beneficiary;
nor shall the principal or Income be liable to attachment by garnishment pro-
ceedings or other legal process;nor shall any assignment or order,either
of principal or Income,given by any beneficiary be valid;but the principal
ani Income shall be paid by the Trustee direct to or for the use of the bene-
ficiary entitled thereto,without regard to any assignment,order,attachment
or claim whatever.
(e)In the event of the death of any beneficiary of Income of
"Trust B",any undistributed Inc.ome in the hands of the Trustee held for such
beneficiary at the time of his death shall be paid to the perso,Il or persons for
whose benefit the principal represented by such Income is continued in trust
I
or to whom it is distributed under the terms of this Will.
(f)Any provision of this Will to the contrary notwithstanding,no
trust hereby created or provided for shall under any circumstances 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 twenty-one (21)years
after the death of the survivor of such beneficiaries,at the end of which time
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every such trust then existing shall terminate and the principal thereof,
together with any undistributed or accrued Income thereon,shall be trans-
ferred and delivered to the person or persons then receiving the Income
therefrom and in the same proportions.
EIGHTH:In acting as Trustee of any trust hereunder my
Trustee shall have full power and authority,without the necessity of obtain-
ing the consent of any court,to do all acts,to execute,acknowledge and
deliver all instruments and to exercise for the sole benefit of the beneficiaries
hereunder any and all powers and discretions which would be lawful for it
were it in its own right the actual owner of 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 distribution or
desirable investments,such portion of the Trust 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
reorgarization,recapitalization,consolidation,merger,
liquidation,exchange or other transaction,for such time as
the Trustee shall deem advisable;
(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 consideration and upon such terms and conditions
as the Trustee shall deem advisable,and without liability on
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the part of the purchaser to see to the application of the
purchase m.oney 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 trusts;
(5)To invest and reinvest the Trust Estate or any part
thereof in any kind of property,real or personal,including,
without lim.itation,mortgages or m.ortgage participations,
COInm.on trust funds,comm.on stocks,preferred stocks,bonds,
notes,and other securities,regardless of whether the sam.e
are legal investments for trust funds as now or hereafter
defined by law,whether by statutory enactment,judicial de-
cision or otherwise;
(6)To manage and operate all real estate at any time held
hereunder;to lease all or any part of the sam.e for such term.s
and rentals and upon such conditions as the Trustee shall deem.
advisable,notwithstanding the term.of such lease m.ay extend
beyond the life of any trust hereunder;to release,partition,
vacate or abandon the same;to grant and acquire licenses and
easem.ents with respect thereto;to make im.provem.ents to or
upon the saIne;to construct,dem.olish,alter,repair,maintain
and rebuild buildings and other im.provem.ents;and to use other
assets of the Trust Estate for any of such purposes;
(7)To carry the securities and other property held here-
under either in its own nam.e or in the nam.e of its nom.inee;
(8)To vote,in person or by proxy,all securities held
hereunder;to join in or to dissent from.and oppose the reorganiza-
'.tion,recapitalization,consolidation,m.erger,liquidation or sale
of corporations or properties;to exchange securities for other
securities issued in connection with or resulting froIn any such
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transaction;to pay any assessment or expense which
it may deem advisable for the protection of its interests
as holder of any such securities;to deposit securities
in any voting trust or with any protective or like committee
or with a trustee or depositary;to exercise any options
appurtenant to any securities for the conversion thereof into
other securities;and to exercise or sell any rights is sued
upon or with respect to the securities of any corporation;
all upon such terms as the Trustee shall deem advisable;
(9)To prosecute,defend,compromise,arbitrate or
otherwise adjust or settle claims in favor of or against the
Trustee or the Trust Estate;
(10)To make division or distribution of any trust
hereunder in kind or in money,or partly in kind and partly
in money,and to allot different kinds of or interests in
property to different shares.The Trustee may take any
action that may be necessary or proper in making any such
division or distribution,and the ~esignation,division or
partition of any or all of said trust property,real or personal,
shall be binding and conclusive upon all persons interested therein.
The grant to the Trustee of any specific power,authority or
discretion,or the failure to grant specifically herein any other power,
authority or discretion,shall not be construed to limit or curtail in any way
or to any extent said full and complete power,authority and discretion,which
it is intended and directed shall be 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 responsible or
accountq.ble for any loss resulting from the exercise or non-exercise of any of
the powers or discretions conferred upon it by the provisions of this Article.
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Notwithstanding the grant of any power.either as conferred by
law or as set forth hereinabove.the Trustee in dealing with "Trust A"
shall not have or exercise any power.the possession of which would in any
way disqualify said trust for the purposes of the marital deduction.
NINTH:The Trustee shall be entitled to receive annually
compensation for its services hereunder in accordance with the schedule of
compensation of the Trustee currently in effect when the services are per-
form.ed.but not in excess of such compensation as would be approved by a
court of com.petent jurisdiction.
TENTH:The Trustee m.ay resign at any time by petitioning
a Court of competent jurisdiction to designate and appoint a successor
Trustee.At such time as the successor Trustee shall accept the trust.the
Trustee shall deliver to such successor Trustee the securities and other
property then constituting the Trust Estate.
ELEVENTH:Any corporation into which the Trustee may be
merged.or with which it m.ay be consolidated.or any corporation resulting
from.any merger or consolidation to which the Trustee may be a party.or
any corporation succeeding to the business of the Trustee or to which sub-
stantially all the assets of the Trustee may be transferred.shall be the
successor Trustee hereunder without 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 successor Trustee had originally been named Trustee
herein.
TWELFTH:I hereby appoint MICHAEL E.KUSTURISS Executor
of this my Will,giving and granting to my Executor the same broad powers of
retention,sale conversion.investment and management of my estate.real
and personal,as are granted to my Trustee by Article Eighth of this Wi11.
and in addition the right to distribute my securities or other property in kind
to my Trustee.
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·~',,
In the event that Michael E.Kusturiss is unable or unwilling
to serve as Executor for any reason,then,and in that event,I appoint
MELLON NATIONAL BANK AND TRUST COMPANY as Executor.
I direct my Executor to payout of my estate the expenses of
my last illness and funeral expenses as soon as may be convenient after
my death.
this
IN WITNESS WHEREOFJ I have hereunto set my hand and seal
II~daYOf~,19 53.
(SEAL)
Signed,sealed,published and declared by HARRY BARBUSH.
the Testator above na:med,as and for his Last 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.
Address ~t2.,....-'.,
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(tTnmmnulU»altl1 nf 'ruusuluauta
•.:::nR:=:ED,That upon tJll..{X~dnyof -1&:--
19..~..Jj,before me ~.~~_~~~~9.~g?:_.~~_Register for the Probate of
Wills and granting Letters of Administration within and for said county,came --.-.
LaVerne Leveto and Sylvia Rodighiero
.................................................................................__.the subscribing witness.es to the foregoing attached Will of
"Harr,y Barbush
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..~.~sign the same-heard ~~publish it as and for'
hi.s .last Will and Testament;that they at._.P:~.~_..__.request,in Q?:-.~presence,and.in the
presence of each other,subscribed their names thereto as witnesses;and at the time of the doing thereof said
testat..~.~was of sound,disposing mind,memory and understanding,to the best of the affiants'
knowledge and belief.
Jlorn and Subscribed Be~re Me
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