HomeMy WebLinkAbout2119_DEVERS_HALLIE_140_1000-1009_01-16-1982_01-28-1982..
..
&.>\'",/t
63-82-106
LAST WILL AND TESTAMENT OF
BALLIE DEVERS
AND NOW,JanuarY 28 J 1982 .it
being acijudged that said Will has been proved.it is
hereby ddmitltill lu Prulllilu and ordered to be Kecord.
ed and Lette~Testamentary are issued to
Ruth E.Litton
who was duly,qualified.
Kathleen Flynn Reda.
Register of Wills
Charles C.Keller.Eequire
70 E.Beau Street
Washington.Pa.15301
P.0.NalY Co••425 Fourth Avenue,Pitt.burch.Pa.15219
T.Jn ,'t'"nA~T.I(.'C /t)tJ()-/{)Ol,
II
j
Will
To:
PETITION FOR PROBATE and GRANT OF LETTERS
63-82-106~~o ..Hallie DeversEstateof ..
also kn07.l'n as :t.I?1.1~~..A::r!=.~!.?..
Socwl Security No........
..................................................................................................................................,Deceased.
.18.J.:::.3.8..:::.0.6.5..2 _..
Regis:er of Wills for the
County of Washington in the
Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s)is/XIX 18 years of age or older a:ld the execut..x.i.X ..
.A.Ugll$:t::.2J.,..19 ...76 ~~~~~~!It~.
.....named in the 1:Jst will of the above decedent,dated
.............................,-_..~.
(state relevant circLmstances.e.g.renunciation.death of executor,etc.)
Decedent was domiciled at death in Washington County,Pennsylvania,with M~.r iast family or :Jrincipal residence at .
........E~t..~T $.:t::~t=..~.t..,G.9.~.l G.~.D..t.g:f:..,P..t=..nP..~.yJ.Y..~.n.;L..?.
(list street,number and municipality)
Decedent,then ..85 years of age,died J..q,ImgJ:.Y 16 :9 8..2 at ..
....y..n.:L..qnt..Q:v.m.I.....f..~y.~.1=..t..~G.Q:t1.:n.t.y..l r...?p..n.~yJy.?:p.~..?:..
Except as follows,decedent did not marry,was not divorced and did not have a child born or adopted after execution of the will offered for
probate;'\'as not the victim of a killing and was never adjudicated incompetent:.D.J..~.................
Decedent at death owned property with estimated values as follows:
Personal property ill County
All persond property
Personal property in Pennsylvania
(If not domiciled in Pa.)
(If domiciled in Pa.)
(If not domiciled in Pa.)
100.00$.
$N.!..A .
$N/A ..
Value of real estate in Pennsylvania $..
situated as follows:1.Q.c::.9.:.t..t=...g Qp.}.J.~.1::.~};§.1::.I.~..~.1::..J...g,9..?:.1 g.~P.:.~~.!.~'€A ?P.:A ~?E~..J~.~.~Y.....
A~..~..~!:~.~.~.~~.t.J:.P.~.~.~!3.?<:>.~?.7..?.!'P..~.g.~}.?..~~~~l:~X~.~.?.E.~.~E.'~..?..~~.~.c:~..?..~.....
......~:T.?:.~h.t.p.g1::.9.p.G(?1,1.p..1::y..).p..~.np..~.Y.1.y.?:.t.l.~.9:............................................................................................._..... .
Ruth E.Litton..............................................................................................................................................
P.O.Box 186...........
Co a 1 c..~P.:t e r .1..J:>.A ~.?~?.~.
WHEREFORE,petitioner(s)respectfully request(s)the probate of the last will and codicil(s)presented herewith and the grant of
letters 1:::.~.9...1::.?:IP:~.P:.1::.?:IY..........................................................................................................................................................................................thereon.
"..l~.7L.&.~?2!/.;:~=~~.~~~.~.;~~.=.:~.:~.~~~.~.~~.~..~:t.a.:.~~=.ll~i~.t~~tl~.~..~..~.:~.:~:.t..~~..
l':o~as U2 •••••..•.•••.•.••-~.
~~~"''''"'~'"Q)~§~5::::~~~....
bJl"'p.tijP::.
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~?:.?h..~!.1:g.1::.9.P:.}SS
The petitioner(s)above-named swear(s)or affirm(s)that the statements in the foregoing petition He true and correct to the best of the
knowledge and belief of petitioner(s)and that as personal representative(s)of the above decedent peti:ioner(s)w.1I well and truly adminis-
~~;:,":::::~~:::~':~b":~;:bof,,:.m;,,:t \/~~~£~~~<......•..•.•.••.•.•••••••••...••••••••••.•..••••••.••...............................~
.'..~~-~.<'<./'0'..'~..'.'•..:·F..·O..·I·:..e Re..g:·.·,·.·.~:t·e..-r:I'~
......,.--.1 .._........................•e.
63-82-106No..
,.Hallie Devers a/k/a Hallie A.DeversEstateof ,Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
A~D NO\-V,J..a;nua.r.y ?.~.,..19 8..2 ,in cansideration of the petition on the reverse side hereof,satisfactory proof having
been presented before me,IT IS DECREED that the instrument(s),dated A1JKll.$:t:~..},J.9...7..§,
described therein be admitted to probate and filed of record as the last will uf tICi.J ~~.~..P..~.Y.~.J::".?..9:/~/.?.:~.9:.~.~.~.~A.:.
Devers
and Letters T.e..$.t..ame.nt.ar.y.............~~ereby granted to Ru.t.h.E..,L.t..t.t.Q.P...
---
o
-J
.lL..
.............
~
~
····~·R!:~·····~············tY.~
<",
FEE~'
Renunciation
Probate,Letters,Etc.
Short Certificates (§')
0.-U1h Jfj'
Kenneth L.Baker -i/=1526L~.-.
Peaco~~OWfI(~lfP·,ctyb¥t~~.)Day &Ecker
70 East Beau Street
.......~.?:.?.b.~.~g:t:.9.~..,J:>.A J.:5.).QJ..
ADDRESS
..c.4.J.2.)2.22.:.4:5...2.Q......
PITO:'\E
$/t.2 ..???...
$..).00
J ~~.~.
~b I\.'~l:-\.$...£".?2 cJ..
TOTA1f~. .$./.l...t:!.i?..
Filed January 28 1982.......................................................'.........................................................................•
HQ)
~C)
~
H N~>,Q)0 ..,
+J oo[c...
~:>..0tJQ)0>cu <u ,....;0cn~~~,....-l
~:cu ~Q),....-l
en :>~0 0 ...c:0~~~U +J O+JC"J......~0::>i +J ~Q)L()e :>:'0 4--1 H~.r!Q),....-l
II*'·
~.j ~0 cu:H ~H
~o<t:~~;:j~H+J~:.,...c:~~Q)en<t:.-~~!c::l•bD cu:~,....-l p..,
HH,;:j ~j ,....-l;:j
HH;0 ...c:Q)cu ~
HH'H '"d +J ~Q)~
<t:<t:~0 <l.);:j I=QO......~~~I=Q ~~~+Je<l ~+JbO:...cu~0 C)Cfl ~........:........:n o CU',-1~1 0 l-o C)~...c:<l.)0........,:u ............cu Cflcu~.........,>::e<l :u Q)0 cu,....:l ....:l ~p..,r----~
1!\rgistrt of llIlI ills
of llIlI us4ington Qtountl1
Oath of Subscribing Witness
63-82-106
Davis G.Yohe And Charles C.Keller...............................................................................................,
QXX
(each)a subscribing witness to the will presented herewith,(each)being duly qualified according to
law,depose(s)and say(s)that ..They..were present and saw .~~)).:i:~..I?~.V~~~*~..
Hallie A.Dever~h rix·h d h they .d .. . . . . • . . . . . . . . . . . . . .,"1 e testat ,sIgn t e same an t at . . . . ....slgne as a wItness at the
request of testat~.~~....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
before me this 28.tn ....day of
~;:~.~~9 ~{J For the RegistEr /Y.IJ.
82
19....
January
LAST WILL AND TESTAMENT
I,HALLIE DEVERS,of Washington County,Pennsylvania,do make,
publish and declare this to be my Last Will and Testament,hereby revoking
all Wills and Codicils heretofore made by me.
FIRST:I direct my Executrix to pay my lawful debts and the
expenses of my last illness and funeral.
SECOND:I bequeath all my jewelry,automobiles,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,
to my sister,RUTH E.LITTON,if she survives me.
In the event my sister fails to survive me,I
bequeath the aforedescribed property to my brother-in-law,CHARLES E.LITTON,
or in the event he fails to survive me,then I bequeath the aforesaid property
to my grandnephew,CHARLES MICHAEL CARPINELLI.
THIRD:All the rest,residue and remainder of my estate,
I bequeath and devise to my sister,RUTH E.LITTON,if she survives ~e by
thirty (30)days,and if she fails so to survive me,I bequeath and devise
the said remainder of my estate to my brother-in-law,CHARLES B.LITTON,if
he survives me by thirty (30)days.In the event my said sister and brother-
in-law both fail so to survive me,my residuary estate shall be distributed
to EQUIBANK N.A.,Pittsburgh,Pennsylvania,as Trustee under ~he following trusts.
A-l.For so long as my grandnephew's,CHARLES MICHAEL CARPINELLI'S,
father,MICHAEL WILLIAM CARPINELLI,shall be alive,my Trustee shall hold the
principal of the Trust as one fund and shall pay the net income therefrom in
equal shares to or for the benefit of my grandnephew,CHARLES MICHAEL CARPINELLI,
and his father,MICHAEL WILLIAM CARPINELLI,in installments convenient to them.
In addition,my Trustee shal:be authorized to pay to or for the benefit of my
grandnephew,CHARLES MICHAEL CARPINELLI,such sums from principal as it deems
advisable for his health,ma~ntenance,support and complete education,including
college,post-graduate or professional training.
2.Upon the death of my said grandnephew's father,MICHAEL
WILLIAM CARPINELLI,and in the event my grandnephew,CHARLES MICHAEL CARPINELLI,
is then living,my Trustee shall continue to hold the principal of the Trust
as one fund and shall pay the net income therefrom to or for the benefit of my
grandnephew,CHARLES MICHAEL CARPINELLI,in installments convenient to him.In
addition,my Trustee shall be authorized to pay to or for the benefit of my said
grandnephew such sums from principal as it deems advisable for his health,
maintenance,support and complete education,including college,post-graduate or
professional training;such payments of income and/or principal to continue for
and during his lifetime,subject,however,to the following rights of withdrawal.
-.
Immediately following the death of my said grandnephew's
father,MICHAEL WILLIAM CARPINELLI,or at any time thereafter,my grandnephew,
CHARLES MICHAEL CARPINELLI,may withdraw from principal such sums not in excess
of one-half (1/2)of the market value as constituted at the time such right of
withdrawal may first be exercised;and at any time following the expiration of
five (5)years immediately following the death of his said father,my said
grandnephew may withdraw any or all remaining principal.Notwithstanding the
foregoing provision,following the death of his said father,my grandnephew,
CHARLES MICHAEL CARPINELLI,upon attaining the age of fifty (50)years,or at
any time thereafter,may withdraw any or all of the remaining principal of the Trust.
a.In the event my grandnephew,CHARLES MICHAEL CARPINELLI,
survives his father,MICHAEL WILLIAM CARPINELLI,then upon the death of my
said grandnephew during the continuance of this trust created for his benefit,
the then remaining principal of the trust shall be distributed equally to my
said grandnephew's children,or their issue,per stirpes,free and clear of trust.
(1)Each share created for the issue of my said
grandnephew shall be transferred and delivered to such issue,per stirpes,sub-
-2-
ject to the provisions of Paragraph E if any beneficiary has not then at-
tained the age of twenty-one (21)years.
(2)In the event the principal ~f any separate trust
should be less than TEN THJUSAND ($10,000.00)DOLLARS,my Trustee shall have
the right to terminate sucn trust and distribute the remaining principal to
the beneficiary entitled thereto,provided,however,that such beneficiary
has then attained the age of twenty-five (25)years.
3.Notwithstanding the foregoing provisions,in the event my
grandnephew,CHARLES MICHAEL CARPINELLI,fails to survive his father,MICHAEL
WILLIAM CARPINELLI,then,upon the death of my said grandnephew during the
continuance of this trust,my Trustee shall continue to hold the principal of
the trust as one fund and shall pay the net income therefrom to or for the
benefit of my said grandnephew's father,MICHAEL WILLIAM CARPINELLI.Upon the
death of my grandnephew's said father during the continua~ce of this trust,the
then remaining principal of the trust shall be distributed equally to my grand-
nephew's,CHARLES MICHAEL CARPINELLI'S,children,or their issue,per stirpes,
free and clear of trust,subject,however,to the provisions of Paragraph E if
any beneficiary has not then attained the age of twenty-one (21)years.
B.Should any trust remain undistributable due to
the death of all of the beneficiaries who are named or described therein
to take,the then remaining principal of such trust shall be distributed
equally to SARAH L.ALLEN of Dayton,Ohio,and to RUTH L.BROOKS of
Portland,Oregon,or their issue,per stirpes.
C.While in the hands of my Trustee,neither the prin-
cipal nor the income of any trust hereunder shall be liable for tte debts
of any beneficiary nor shall the same be subject to seizure or attachment
by any creditor of any beneficiary under any writ or proceeding at law or
in equity,and no beneficiary shall have any power to sell,assign,encum-
ber or in any manner to anticipate or dispose of his or her interest in
such trust or in the income produced thereby.
-3-
D.Upon the death of any income beneficiary of the Trust,
any accrued or undistributed income shall be held and accounted for,or
distributed,in the same manner as if it had been received and accrued
after the beneficiary's death.
E.If any beneficiary shall be under twenty-one (21)
years of age at the time any share of principal is distributable to him
or her,such share,although vesting absolutely in such beneficiary,shall
be retained in trust,and my Trustee,in its sole discretion may accumulate
the whole or any part of the net income of such share,or may pay,distri-
bute or apply at any time the whole or any part of the net income and
principal,including accumulated income,to or for the support,welfare
and education of such beneficiary,either directly or by making pa)~ent
to his or her guardian or other legal representative or to the person
with whom he or she resides,without liability on the part of my Trustee
to see to the application of such payments.When such beneficiary shall
attain the age of twenty-one (21)years,or upon his or her death prior
thereto,the then remaining principal,together with any accrued or
accumulated income,shall be distributed to such beneficiary,or to the
personal representative of his or her estate,as the case may be.
F.My Trustee shall be entitled to receive annual
compensation for its services hereunder in accordance with its schedule
of compensation currently in effect when the services are performec.
G.Notwithstanding the foregoing provisions and in addition
thereto,in the event my sister,RUTH E.LITTON,and/or my brother-in-law,
CHARLES B.LITTON,and I die within thirty (30)days of one another,and
if at the time of my death there is a trust or trusts established by my said
sister or by my said brother-in-law under the provisions of his or her Last
Will and Testament or any Agreement of Trust executed by him or her identical
in all respects to the trusts provided herein,I specifically authorize my
Trustee,if it shall deem such action advisable,to merge and blend the assets
of this trust with any separate trust so created by my said sister or said
brother-in-law,to manage and administer the same as one.
-4-
FOURTH:Y-y fiduciaries,whether in the nature of Executor,
Trustee or Guardian of property passing to a minor,shall have the following
powers in addition to those vested in them by law,exercisable without court
approval:
A.To retain any or all of the assets of my estate or
any trust hereunder,without any duty of diversification,specifically in-
cluding any stock in or obligations of EQUIMARK CORPORATION I may own at
my death.
B.To invest and reinvest in stocks,bonds,mortgages,
securities or other property,real or personal,specifically including any
common trust fund,without being limited by any statute relating to invest-
ments by fiduciaries.
C.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,exchange or leases,for such prices and upon such
terms or conditions as my fiduciaries deem advisable.
D.To distribute my estate or any trust property to the
beneficiary entitled thereto in cash or in kind,or partly in each,such
allocation of assets to be in the sole discretion of my fiduciaries.
E.To register investments in the name of my Trustee or
in the name of a nominee,provided that the records of said Trustee indicate
clearly the trust to which such investments belong.
F.To borrow money.for purposes of my estate or any trust
hereunder either from the banking department of my Corporate Trustee or from
others,or from any separate trust hereunder,and to mortgage or pledge any
part of my estate or any trust property as collateral therefor.
G.To vote by person or proxy any investments owned by my
-5-
estate or any trust,and to exercise or sell any rights or subscription or
other rights in respect thereof;and to participate in any liquidation,
reorganization or merger of any corporation whose investments are so held.
,
I •
H.To compromise any claim or controversy affecting my
estate or any trust hereunder.
FIFTH:I direct that all Federal,State and other death taxes
~a.~lITNESS WHEREOF,I
day of ~&tt;
payable because of my death,with respect to the property forming my gross
estate for tax purposes,whether or not passing under this Will,including
any interest or penalty imposed in connection with such tax,be paid out of
the assets of my residuary estate without requiring any apportionment,reimburse-
ment or contribution by any beneficiary under this Will or any Codicil thereto.
In the absolute discretion of my Executrix,death taxes may be paid immediately,
or the payment of taxes on future or remainder interests may be postponed until
the time possession thereof accrues to the beneficiary,in which event such
taxes shall be paid out of the principal of the trust subject thereto.
SIXTH:I appoint my sister,RUTH E.LITTON,Executrix of
this,my Will.Should my sister at any time be unwilling or unable to act
as Executrix,I appoint my brother-in-law,CHARLES B.LITTON,as Executor
in her stead.In the event my said brother-in-law at any time should be
unwilling or unable to act as Executor,I appoint EQUIBANK N.A.and MICHAEL
WILLIAM CARPINELLI as Executors in his stead.Should MICHAEL WILLIAM CARPINELLI
at any time be unable or unwilling to act,EQUIBANK N.A.shall serve alone.
My Corporate Executor shall be entitled to its regularly scheduled rate of
compensation whether serving alone or as Co-Executor with MICHAEL WILLIAM CARPINELLI.
My fiduciaries shall not be required to furnish any
bond or other security in any jurisdiction in which they shall serve.
have hereunto set my hand and seal this.JJ IJd.,19-2/.-.~rIt4L J~(SEAL)
HALtiE DEVERS
SIGNED,SEALED,PUBLISHED and DECLARED by the above named Testatrix,
HALLIE DEVERS,as and for her Last Will and Testament,in the presence
of us,who at her request,in her presence and in the presence of each other
have he to subs ibed our names as witnesses.
-6-