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HomeMy WebLinkAboutOC1969-0077 - ESTATE OF TOMKOIN THE ORPHANS 1 COURT OF WASHINGTON COUNTY, PENNSYLVANIA IN RE: ESTATE OF CHARLES TOMKO, a/k/ a CHARLES A. TOMKO, DECEASED ) ) No. ) PETITION FOR SETTLEMENT OF AN ESTATE OF LESS THAN $2,500.00 TO THE HONORABLE P. V. MARINO, PRES !DENT JUDGE OF SAID COURT: The petition of Mary F. Tomko respectfully represents: 1. The decedent, Charles Tomko, died on January 4, 1969, a resident of Finleyville, Washington County, Pennsylvania. 2. The decedent left as his entire estate for admin- istration purposes two paid up life insurance policies, and interest thereon, as follows: (1) Metropolitan Life Insurance Policy No. 243401RB (2) Interest payable on the aforesaid policy (3) Metropolitan Life Insurance Policy No. 141648RB Total Assets of the Estate $ 1,089.18 49.02 1,042.42 $ 2,180.62 3. The decedent left a Last Will and Testament dated October 29, 1963, which has not been probated, but which is attached to this petition as Exhibit "A". By virtue of this Will, the decedent's entire estate was devised and bequeathed to your petitioner and decedent's widow, Mary F. Tomko. 4. The only other persons in interest are two children, namely, Bernard A. Tomko, age twenty-four, and Jeanean A. Tomko, age twenty-three, both named as contingent beneficiaries under said Will. 5. All creditors of the decedent have been paid with the exception of the funeral director, Edward B. Garry, Finley- ville, Pennsylvania, for funeral expenses in the amount of $950.00, which petitioner will pay from the distribution made herein. 6. Your petitioner was in family relationship with the decedent at the time of his death, and, therefore, believes that she is entitled to a family exemption of $1,000.00. I 1 WHEREFORE, your petitioner prays that your Honorable " I Court award and set aside to her as decedent 1 s widow and pursuant I j to said Will, the full amounts of the aforesaid life insurance proceeds and interest thereon, and that the Metropolitan Life Insurance Company be directed to deliver the proceeds of said policies and interest thereon to your petitioner, Mary F. Tomko, without notice and without issuance of Letters Testamentary and on account of her family exemption, in accordance with the provisions of Sections 202 and 211 of the Fiduciaries Act of April 18, 1949, P. L. 512, as amended, and the rules of your Honorable Court. -2- COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF WASHINGTON ) Before me, the undersigned authority, personally appeared MARY F. TOMKO, who, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition are true and correct to the best of her personal information, knowledge and belief. SWORN to and subscribed before me this,.il/-#--day ofH , 1969. /r~?J, ?~ Notary Public -washington-, _La-~..L-7,/ Washington County, Pennsylvania.. My Commission Expires: LAST WILL AND TESTAMENT OF CHARLES TOMKO BE IT KNOWN AND REMEMBERED that I, CHARLES TOMKO, of 2165 Rankin Town Road, Finleyville, Commonwealth of Penns)d.vania, being of sound mind and memory, do hereby make, publish and declare this in duplicate to be my Last Will and Testament, hereby revoking all prior Wills heretofore made by me. FIRST: I direct my executrix hereinafter named to pay all my just debts as soon after my decease as conveniently may be. SECOND: I give, devise and bequeath all of my property, real and personal and wheresoever situate unto my beloved wife, MARY TOMKO, absolutely and forever. THIRD: .In the event of the predecease of my said wife, MARY TOMKO, or in the event of the deaths of us simultaneously, and irrespective of which of us shall be deemed to have died first, I do hereby give, devise and bequeath all of my property aforementioned, unto the Pittsburgh National Bank, as trustee, in trust however for the care, support, maintenance and education of my children. I do lereby give unto said trustee the power to so manage my property aforementioned so that the intent of the trust shall be carried out as I would have done had I been alive, with no limitations on the part of said trustee in the manner in which distribution shall be made to the purpose of said trust,that is to say, that there shall be no obligation on the part of said trustee to distribute said funds to my children in equal shares until the termination of the trust and in the manner as will be hereinafter set forth. I do further empower said trustee to make distribution, to lease and to otherwise manage my property, as it in its sole discretion shall deem to be in the best interest of EXHIBIT "A" my children. The time and manner in which distribution shall be made at the termination of the trust created herein, shall be conditioned by the circumstances which may exist at. the time any of my said children shall have reached age twenty-one (21} with respect to the desire of any such .child or the need of any·such child to require further financial assistance in the pursuit of postgraduate or professional educational training or in the event of serious illness requiring the expenditure of extraordinary sums in connection therewith. In such event, I do hereby authorize the trustee at its sole discretion to make the final decision relative to the expenditure of any funds in behalf of said child, irrespective of the number of children who shall then still be under the age of twenty-one (21} years. Said trustee shall make such decision only after adequate investigation and after taking into consideration all of the factors involved in connection with the carrying out of the expressed intention of myself and my spouse in creating this trust. At the time of the execution of this Will, I have two children, Jeanean Amelia (Born October 27, 1945} and Bernard Anthony (Born May 20, 1944}. Upon attainment of age twenty-one (21} by the youngest of my children, said trust shall terminate and the trustee shall be obligated, subject only to the conditions set forth in the prior paragraph, to make an equal distribution of all the property remaining in the trust at that time unto the survivors of my children, as provided hereinafter: (a) Twenty-five Per Cent {25%)of the distributive share of said child unto him upon attainment of age Twenty-one (21} years, and the remaining Seventy-five Per Cent (75%} upon the attainment of age Twenty-five (25) years. -2- • {b) In t'he event any of my said children shall not be alive at the time distribution is to be made, but shall have left issue, I do then give, devise and bequeath the distributive share of said deceased child unto the issue of my said children per stirpes. (c) In the event of the predecease of any of my said children, leaving to survive him no issue, I do then give, devise and bequeath the distributive share of said child, dying without issue unto the survivor or survivors of my said children, or their issue per stir e • FOURTH: I do hereby name, constitute and appoint my wife, MARY TOMKO, to be the executrix of this my Last Will and Testament. In the everit my said wife is either unable or un- willing to serve in this capacity, I do then name, constitute and appoint my son Bernard Anthony to serve in this capacity if he is twenty-one (21) years of age. In the event my son Bernard is either unable or .unwilling to serve in this capacity, I do then name, constitute and appoint Elizabeth Hodgson to be the executrix of this my Last Will and Testament. IN WITNESS WHEREOF, I, the above named testator, do hereby affix my hand and seal to this my Last Will and Testament, on the 2/'f day of da~-'-"'·-----1 1963. ~~(SEAL) IN WITNESS ~lliEREOF, we, the undersigned do~reby affix o~r names as witnesses here at the. request of said testator, the presence of each of us. IN THE ORPHANS 1 COURT OF WASHINGTON COUNTY, PENNSYLVANIA IN RE: ESTATE OF CHARLES TOMKO, a/k/a CHARLES A. TOMKO, DECEASED DECREE AND NOW, this the foregoing Petition having been presente 1969, consideration thereof, and upon motion of Greenlee, Richman, Derrico & Posa, Counsel for the Estate, IT IS HEREBY ORDERED AND DECREED that the decedent's entire estate for administration purposes, as follows: (1) Metropolitan Life Insurance Policy No. 243401RB $ 1,089.18 (2) Interest payable on the aforesaid policy 49.02 (3) Metropolitan Life Insurance Policy No. 141648RB 1,042.42 Total Assets of the Estate $ 2,180.62 be and is hereby awarded and set aside to Mary F. Tomko, decedent's widow, in accordance with the Will of Charles Tomko, deceased, and on account of petitioner's family exemption, with- out notice and without issuance of Letters Testamentary, agree- ably to the provisions of Sections 202 and 211 of the Fiduciaries Act of April 18, 1949, P. L. 512, as amended, and the rules of this Court, and the Metropolitan Life Insurance Company is hereby authorized and ordered to pay over to Mary F. Tomko the proceeds of the aforesaid policies and the interest payable thereon.