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Home My WebLink About2137_CAPOZZI_ANTHONY_94_591_05-16-1962_05-28-1962~ .I~ ,' /~::;1.~7 LAST WILL AND TESTAMENT of ANTHONY E.CAPOZZI And now May 28,1962,it being adjudged that said Will has been duly proved,it is hereby admitted to probate and ordered to be recorded, and Letters Testamentary are issued to John E.Capozzi,it said Testament named,who waf duly qualified. Josephine M.Douglas, Register of Wills. ZEMAN &ZEMAN LAWYERS ZJIlMAN LAW BUILDING OANONSBURG.PA. I .. WILL BOOK 94 PAGE 591 ------~--.••• .Appliration for Jrohatr of Ifill of.~~~9.~~.~~.~9..~~.~. ......................................................late of ~h~J?9..;:Q.Y.9J}Qt J!9.~§.'J;:Q.~,Washington County, Pennsylvania deceased,and (!)raut of iGrttrrs IDrstamrntary. REGISTER'S OFFICE } WASHINGTON COUNTY,SS.: Before the Register of Wills of Washington County,personally appeared ~QJ:m :I;;.!:~J?Q.~~J who being duly sworn says that ~~9.~;;.::~R.9..~~.!:.late resident of ~.9..~9..~gJ}....QJ....?Q.~.~.t.9..~......,Washington County,Pennsylvania,a citizen of.....y.~J~.~9.?t.?.:.t.~.~.....died testate at M~f.9.Y ?Q.~P..t.~9.J on the .J&~.hday of...J1?:y.A.D.19§.~.Pittsburgh,Pennsylvania at....~..?..?..?.o'clockP.,m.,age 4.§leaving an estate of the estimated value of $~..Q.A..QQ.Q.::.Q.Q .. personalty,and $L:5..4..O'Q.Q.r..Q.Q realty,said real estate being located in..t.h~~.9.;l;'.9.~gJl 9.J . 9..?:P.-.9.P.:§.~~~.9.t.....~:t.~y Q.~W.~.~.h:t!?:g.~9..~.t...?:!?:q ~.9.F..9.~g"h 9..~.P.S?~.~E.~.f......~~~p..!.~.9.!-.9.?. .S.~~?!:¥..~?~??..~.¥..~y.~.~~.~.. The decedent's legatees and devisees are as follows: NAME RELATIONSHIP RESIDENCE ANTHONY E.CAPOZZI,JR.Son 203 West Pike street Houston,Pennsylvania V w':.;N CAPOZZI Dauahter 203 West Pike street Houston,Pennsylvania CAROLINE JEAN CAPOZZI Dauahter 203 West pike street Houston,Pennsylvania TRUSTEE: MELLON NATIONAL BANK AND West Pike street and TRUST COMPANY Canon~"rc 'R,..~1"1("'01-'l'rll!':+-""""South Central A Canonsburg,Pennsylva Testator has JlQt.married and DQ children have been born since the execution of the will offered for probate. nia Petitioner prays that the paper writing filed herewith dated J.JJ.n.e.~..&l9..Q'O'.. may be admitted to probate as the last Will and Testament of said decedent,and to grant Letters Testamen- tary thereon to g.9.hp.~..,G.~P.9..~:?.;h .. whose post office address is !A.~W.~§.~g;hJs:~$..t.f.~~.~.l G~.~gP.:§p.~.;:g.f g~P.:p..~y1y.~.~..t.~.. Sworn to and subscribed before me this :?.g,.t.h .. day of M~y...~A7.A.D.19J?.~. .......~..£/~ COMMONWEALTH OF PENNSYLVANIA,}SS. WASHINGTON COUNTY,.. And now M9:Y.:~.Q ,19..§..~,comes !!Q~~..~~.~9..?ig:.±.. who being duly sworn doth depose and say that...h.~will well 'and truly administer the goods and chattels,rights and credits of ~~~.:§:QN¥.~.l\9.b.J?Q;?1.?!.:,J;..................................................................................deceased,,, to the best of .:.hJ:..:?......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 ?.~.!:~. day-9f ..·····....·'!!J:?.'i...··..····....·········..···..·····..·....····;..ii·f·D.19....?.3.._._.~,_"_.~..122..~~ L'~~-,~.~~r/···..··•V"JIII5 :••••,••••••••••••••••• .~. N fJ()\)1\j \Ol i~ ~\)~'\)0) H ~~...-i 'c:::.... i~¥-~N~0:FilED :0 N:+J~ U)~~ O~00: O~< ~:::s~ t:t:: \i-t ~~o~~1 Q t>1"'O :r:~:Q)ISor MAY 28 PM 3:12 o~ '00 4..d PLl~.....rd~~~i :u o~01 Iii~!Q .c1 Z~ tre JOSEPHINE.11.OOUGLAS ~~ ol ::s;:r:~O~"'0 1REGISTt:H 0;:WilLS o~ 8,Q).r-GFFJeID CLERK G.C. Zl {i ,~:..., Z~O~~ o~ ro ~l 1Il~.... t:t:: ,d 8~ .•~......00 ~I0.... Q)Q)0,~...,...,...,..., ro Q)~ ~..J ..J ~ .........__..••• -....:. ...1 (l1nmmnuwralt4 nf Jruuayluauta llllIa5qtngton QLounty.55: BE IT REMEMB2EThat UP?)this ;!!..day of ./llaq... 19:.t,;Q before.me.............~.~)ll ¥t{.egist"for tbe probate of WIlls and grantmg'Lette:t(>lJ3 A~imstratlOn wIthm and fO/fald county,!tme . ..~4.~~w-ti~.o(.1~_. ........................................................................7':'~j the subscribing witnesses to/{.he foregoing attached Will of::::~~:~::~:::;;:;~:;::~~::~:~t-~:::~;:·~~~;·;~:;·=:;::;::::;~;.;:: execution of said Will-saw the testatqy s~n the same-heard ~PubliSh it as and for...k last vVill and Testament;that they at..~request,in k presence,and in the presence of each other,subscribed their names thereto as witnesses;and at the time of the doing thereof said testatd.:1d was of sound,disposing'mind,memory and understanding,to the best of the affiants'./""' knowledge and belief. Sworn and Subscribed Before Me ................~LlJ1~ ,\,l .. LAST WILL AND TESTAMENT of ANTHONY E.CAPOZZI I,ANTHONY E.CAPOZZI,of the Borough of Houston,washington county,pennsylvania,being of sound mind and memory do maRe, publish and declare this my Last Will and Testament,hereby revoking and declaring null and void any and all Wills and Codicils by me at any time heretofore made. FIRST:I direct the payment of my just debts,funeral expenses,cost of administering my estate as soon as convenient after my death. SECOND:All the rest,residue and remainder of my estate, of whatsoever kind and nature and wheresoever situate,of which I shall die seized and possessed or to which at the time of.my death I may be entitled,remaining after the payment of taxes. I give,devise and bequeath to Mellon National Bank and Trust Company,as Trustee,for the uses and purposes herein set forth. (a)The corpus of my estate shall be divided into as many equal trusts as there are children surviving me,and deceased child or children survived by issue,and one of such trusts shall be held and administered for the use and benefit of each surviving child or children of a deceased child,per stirpes. (b)The net income of each of such trusts shall be paid semi-annually to the beneficiaries thereof,who may be adults. (c)As to the trust created for my daughter,caroline Jean, during her minority,my Trustee shall disburse to or for the benefit of said daughter so much of the income from and so much from the principal of her trust as my Trustee,in its discretion may deed advisable for her comfort,maintenance and support and complete education,including preparatory college and post- ...........Ll..._'"'---_ ·"," graduate or professional training,and my Trustee shall accumulate . any balance of net income"and shall,to that extent augment the principal of her trust. (d)As and when each cfu1illd attains the age of twenty-five years,he or she shall have the right to withdraw one-third of the remaining principal of his or her trust;and one-third on attaining the age of thirty wears;and one-third on attaining the age of thirty-five years,thus terminating the trust. (e)Upon the death of a child during the period of the trust for his or her benefit,the then remaining principal of his or her trust and accumulated income shall be paid to his or her then living issue,per stirps,absolutely and free of trust, subject,however,to the minority provisions hereinafter set forth.In the event there shall be no issue surviving him or her,my Trustee shall divide his or her share into as many equal parts as there shall be children of mine living at the death of such child,and children of mine then deceased but leaving issue then surviving.One of said equal parts shall be held in trust and/or distributed to each of my then living children as an addition to his or her original trust or share hereunder and one of said parts shall be distributed to the then living issue of any children of mine,per stirpes,subject however,to the minority provis~ons hereinafter set forth. (f)During the continuance of the trusts herein created, my Trustee is authorized,in its d~scretion,from time to time, to disburse to or for the benefit of any beneficiary so much of the principal of their respective trusts as my trustee shall deem advisable for their comfort,maintenance and support and complete education,including preparatory college and post- graduate or professional training.My Trustee is further authorized to disburse from their respective trusts so much of the principal thereof as my Trustee deems advisable to aid such beneficiary in the event of any illness,injury or other emergencJ or condition affecting them wherein money is needed. -2- (g)If any beneficiary not hereinabove specifically provided for who is entitled to receive a share of the principal of the trust estate shall be a minor,my Trustee is hereby authorized and empowered to continue to hold and manage such share for the benefit of such minor during his or her minority and my Trustee may accumulate all or any part of the income from such minors share or pay 80 much thereof,together with such amounts of the principal of his or her share ,of the trust as it shall deem proper for his or her education,maintenance and welfare.In the disbursement of funds fon the use and benefit of any beneficiary who saall be a minor my Trustee may make payment to such person as may have the custody of the person of such minor,and without liability,on the part of my Trustee to see to the application of said payments by the payee, and the receipt of such person shall be a full acquitance of my trustee for the amounts so paid. (h)In interpreting this will,it is my direction that any child adopted by a child of mine shall take under this will as a natural child. THIRP:\Neither the principal nor the income of any of the trusts herein created shall be liable for the debts of any , beneficiary thereunder,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 the power to sell,assign,encumber or in any manner to anticipate or dispose of his or her interest in said trusts, on the income produced thereby. FOURTH:Without detracting from any powers which may now or hereafter be conferred by any law,my Trustees shall have the following powers as to all Trusts herein provided for,viz: -3- ." ~.To take and to retain as an investment for the trust estate,without any duty of diversification,any and all securities,or other property,real or personal,recieved from my estate,and my Trustees shall not be responsible for any loss by reason of such retention. 2.To invest and reinvest the principal of the trust estate,together with any income accumulated thereon,in such stocks,bonds,mortgages,securities or other property,real or personal,as J 'irto~shall believe advisable,without being limited to the classes of securities or investments in which trustees are authorized by law to invest trust funds. 3.To sell any and all real estate received hereunder, at such times,at public or private sale,for such prices and upon such terms as ift'-.r shall believe advisable,and to make, execute and deliver any deed or deeds therefor,conveying title thereto in fee simple absolute,or for any less estate, to any purchaser or purchasers,freed and discharged of any and all trusts hereunder. 4.To sell,exbhange,lease,encumber,option or otherwise dispose of all or any portion of the trus~estate in such manner and upon such terms and conditions as it shall believe advisable, and to make,execute and deliver deeds,mortgages,leases, assignments and other documents necessary to effect any of these powers. 5.To make distribution of the trust estate to any person entitled thereto in kind,in cash,or partly in kind and partly in caSh,as it shall believe advisable. 6.To register or carry any securities,investments or other property held by it hereunder in its own name or in the name of a nominee or nominees;provided,however,that all such investments shall be so designated upon the records of my Trustee that the trust to which they belong shall appear clearly at all times. -4- .. .. • 7.To vote any and all stock held in the trust estate and to participate in any reorganization or merger of companies or corporations whose stock is held in the trust estate. FIFTH:I hereby specifically authorize and empower my Executor or Trustee at any time serving hereunder to retain as an investment,my interest in any partnerships in which I am associated with my brother,Michael J.capozzi,and to continue in the business conducted by such partnerships;and my executor or Trustee shall not be responsible for any loss by reason of such retention. SIXTH:I do hereby appoint Mellon National Bank and Trust. Company,as testementary guardian of any beneficiary hereunder who shall be a minor. SEVENTH:I nominate constitut~and appoint John E.Capozzi as executor of this my last will and testament. In Witness Whereof,I have hereunto affixed my hand and seal to this my last will and testament this ;:.J.x/day of June,1960. .~~r'(SEAL) Signed,sealed,published and declared by the above named Testator ANTHONY E.CAPOZZI,as and for his Last Will and Testa- ment in the presence of us,who at his request,in his presence and in the presence of each other names as witnesses. hereunto .\.....;'.t·~I '" OP~ GREENLEE.RICHMAN. DERRICO &POSA ATTORNEYS AT LAW.""...:p '.WASHINGTOO:TRUST dtJlLDING ".-. WASHINGTON.PA.15301 '".. ;l ~'Ii·- j, ... ... ',. i'li!i~~3 c';?/3 7 -(t N THE COURT OF COMMON PLEAS of \AJASHINGTON COUNTY,PENNA. Orphans'Court Division IN RE: The ESr:2ATE of ANTHONY CAPOZZI,SR. Deceased . A F F r D A V I T---j------- I~ ,..;.:':Hi.n.,Ml J .- :'~iS ;;tl~(.(,"I \';:""•I.\U6v I ... ..3iU) GREENLEE,RICHMAN, DERRICO 8:POSA ATTORNEYS AT LAW WASHINGTON TRUST BUILDING WASHINGTON.PA.15301 ',lj13 Cj'-I P&-57I ,' trading with the Estate,all of the one-half interest of the said Michael Capozzi,in the cleaning plant property known as 137 West Pike Street,Canonsburg,Pennsylvania. No further estate proceedings were necessary in that no reason existed for any trusts to be undertaken by Hellon Bank as Trustee under the Will of the late ANTHONY CAPOZZI,SR.,as Anthony Capozzi,Jr.,then acquired the interests of Virginia Strawn and Carolyn Stenger in the property known as 137 West Pike Street,Canonsburg,Pennsvlvania. Sworn to and subscribed ... before me this of January 13th dav ,1982. \\ 1 . IN THE COURT OF COt~10N PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'C6URT DIVISION IN RE: The ESTATE of .. ANTHONY CAPOZZI,SR., Deceased. Will Book 94,Page 591 A F F I D A V I T The undersigned parties acknowledge that the follow- ing facts are true and correct.The children of ANTHONY CAPOZZI, SR.,are as follows: ANTHONY CAPO ZZI,LTR. Date of Birth:10/16/37 VIRGINIA CAPOZZI STRAvm Date of Birth:3/15/39 CAROLYN CAPOZZI STENGER Date of Birth 2/15/41 As a part of the Estate of ANTHONY CAPOZZI,SR., Michael Capozzi acquired the one-half interest of Anthony Capozzi, Jr.,in the following properties: S2 Highland Avenue Washington,Pennsylvania S5 Murdock Stre~t Canonsburg,Pennsylvania McKean Avenue Donora,Pennsylvania from the Executor of the ANTHONY CAPOZZI,SR.Estate b~