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Home My WebLink AboutOC1970-0517 - ESTATE OF CLARKENOTE-Rule o:~ requires appellant. immediately upon entering his appeal, to serve notice thereof on the opposite party or his counsel and to file promptly in the Court below· proof of the ser~ice of such notice. IN RE: . ·~ Estate of No. 63-70-517 Term, 19 (Number in court below) ADAM. CLARKE, Deceased, To Appellee or his Counsel: You are hereby notified that on __ ~F~e~h~r~u~a=r~y~6~·~1=9L7~4 __________ _ an appeal was taken to the Supreme Court of Pennsylvania in the above entitled case at No. 93 March Term, 19 74, by ____________ _ --------------..,-------and that this appeal. will be on the Attorneys for Appellant . ....:F=--=e-=b-=r-=u=-=a::..:r=-...L.y---=l'-4:....,~-----------------19 7 ~ . S e rv i c e of the foregoing not i c e ~ s hereby accepted. Attorney for Appellees, Richard C. Clarke II and Robert Hughes Clarke Ross Armbruster Attorney at Law P.O. Box 191 Alton, IL 62002 Telephone (618) 465-1333 FILE IN COURT BELOW ) z -o Z· s:: ~ !3 (') ~ o' (') 0 CD (1) c+ 11 '"d 1-'· c+ (') 1-'· ~ CD l:l l:l (') 0 (') CD I-I) 0 s:: 0 :> 11 1-i) '"d c+ '"d Ul (1) a' CD ~ CD 11 1-' ...... < 0 1-'· ~ ~ (') l:l -CD p. I ---------------------- Rule 56. RULE 56. Forthwith upon entering his appeal, appellant shall serve notice thereof on the opposite party or his counsel; on the stenographer who took the testimony, if the official transcript thereof has not been filed; also on the judge who made any ruling or entered any order, judgment or decree, of which appellant complains and the reasons for which do not already appear of record; and shall promptly file in the court below proof of the service of such notices.1 A failure to comply with this rule and promptly to serve notice on the court below, with a concise statement of the mat- ters complained of and regarding which it is alleged the reasons therefor do not appear of record, may be considered as a waiver of all objections to the ruling, order, judgment or decree in question. On the receipt of the notice here re- quired, the official stenographer shall forthwith proceed to have his notes transcribed, approved and filed, and the court below shall forthwith file of record at least a brief statement, in the form of an opinion, of the reasons for the ruling, order, judgment or decree therein referred to, or shall specify in writing the place in the record where such reasons may be found, and this opinion or writing shall be attached to the record and printed as part thereof. (See Rule 22) l. Chartiers Valley Building & Loan Ass'n v. Ende, 281 Pa. 396, 397, 126 A. 763. IN RE: Estate of ·".-No. 6 3-70-517 Term, 19 ADA M. CLARKE, Deceased, To Honorable PAUL A. SIMMONS Pursuant to Rule 56, printed above, you are hereby notified that on February 6' 19 7 4 an appeal was taken to the Supreme Court of Pennsylvania in the above entitled case at No. 3 9 March Term, 19 7 4 by , and that appellant complains of the following matters, the reasons ' for which do not appear of record: Attorney for Appellant. __ 49;,__,~::::..=-·_ -=--=---'-----~-J'-drU.....,_, __,___! 2__2_<-_{ ____ , Service of the foregoing notice is hereby accepted. =-=--==; "1 ~ To _J_a_c_q.._u_e_1_i_n_e ___ H_a_mm_o_n_d _____ , Stenographer: Pursuant to rule 56, printed above, you are hereby notified that on February 6' 19 7 4' an appeal was taken to the Supreme Court of Pennsylvania in the above entitled case at No.3 9 March Term, 19 7 4 , by _____________________ _ ~ g ~)./\AAAM ! I~-----· ---P 0 6-l • Attorney for Appellant. , Service of the foregoing notice is hereby accepted. FILE IN COURT BELOW • D 0 C K E T E N T R I E S Will of Ada M. Clarke of the Borough of East Washington, County of Washington, dated March 14, 1968 and witnesses by M. w. Graham, M.D. and Dorothy B. Morrison. August 28, 1970---INVENTORY AND APPRAISEMENT Filed by James C. McCreight in the amount of $36,913.21. December 2,1970--·PETITION RE RICHARD C. CLARKE II Foregoing constitutes notice of a claim as beneficiary on behalf of Richard C. Clarke II the existence ot which claim is hereby acknowledge. Signed by Richard c. Clarke II, Petitioner, Richard c. Clarke, Father and Next Friend, Betty J. Clarke Mother and Next Friend and Ross Armbruster Attorney tor Petitioner. 1.5,1971·--FIRST AND FINAL ACCOUNT of Mellon Bank N.A. Executor of the Estate of Ada M. Clarke aka January Ada McCoy Clarke. This account was transmittea and presented to the Orphans• Court and confir.me nisi at No. 63-71-1 on March 1, 1971. April 19,1971-----ADJUDICATION AND DECREE, Marino, P.J. filed • ••••• April 20, 1971, Order recalling Adjudication and Decree dated April 19, 1971 to determine certain matters of tact in this estate so that the matters determined at said hearing may be taken into consideration by the Court in rendering its final Decree. August 9,1971-----PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM & ORDER Appointing Mellon N.B. Guardian Ad Litem for the grandchildren named in Paragraph Third ot The Last Will and Testament of Ada M. Clarke Deceased having been presented in open court on consideration thereof and on motion of James c. McCreight, Esquire, Attorney for Petitioner the prayer thereof is granted and it is ordered that David L. Gilmore Esquire be and hereby is appointed Guardian Ad Litem for Richard Evan Clarke, Margot Nease Clarke, Claudine E. Clarke Vernier and Jean Marie Clarke minors in the audit of the Estate of the above-named Decedent. September 8,1971--PETITION TO STRIKE CLAIM--In Claim Docket 1 Page 34 alleges Richard c. Clarke Il, Born June 23, 1970, is a grandson of said Ada M. Clarke deceased and that Paragraph THIRD of the Will is a class gift in which he is included as a Beneficiary. September 28,1971-PETITION RE ROBERT HUGHES CLARKE-Foregoing constitutes notice of a claim as beneficiary on behalf of Robert Hughes Clarke, Petitioner, Richard c. Clarke Father and Next Friend, Betty J. Clarke Mother & next Friend and Ross Armbruster Attorney for Petitioner. February 23,1972--0PINION, MARINO, P.J. We feel that a class gift has been made by this testatrix to all of her grandchildren regardless of the time of their birth. All should share in this trust estate. ; .u February 23,1972----EXCEPTIONS TO OPINION, Filed by David Gilmore Guardian Ad Litem, Richard Evan Clarke, Margot Nease Clarke, Jean Marie Clarke & Claudine Clarke Vernier. November 16,1973----STIPULATIQN and Affidavit of Richard c. Clarke and Betty Clarke executed November 9, 1973. November 16,1973----PETITION FOR APPROVAL OF COUNSEL FEES & ORDER Of the Guardian Ad Litem, Mellon National Bank and Trust Company is hereby directed to pay the requested fees of $426.00. By the Court, Paul A. Simmons, J~ November 16,1973----TRANSCRIPT OF PROCEEDINGS BEFORE HONORABLE PAUL A. SIMMONS Judge of Orphans Court. Appearances, James c. McCreight, representing the executor and trustee of the estate of Ada M. Clarke, deceased, Ross Armbruster Esq. of Alton, Illinois representing the Claimants, Richard c. Clarke II & Robert Hughes Clarke and David L. Gilmore, Esq. of Washington, Pa. Guardian Ad Litem. January 9, 1974-----0PINION, SIMMONS, J.---It is the order of the Court that the judgment of P.V. Marino, J., shall be sustained with the modification that the class shall close as to all grandchildren whenever born when the youngest grandchild living at any particular time, attains the age of 25. That is to~y, if the six grandchildren now living attain the age of 25 before additional grandchildren "Seven" and "eight" are born, neither of the additional grandchil en "seven"and "eight" shall take an interest in said estate. However, if an additional grandchild and/or grandchildren are born pri to the attainment of age 25 of the youngest of the grandchildren now living, the class aha 1 remain open to allow additional grandchildren to share until the time arrives when all grandchildren then living are. twenty-five years old or older than twenty-five years and when there are no grandchildren living who are under the age of twenty-five. The trust s 11 continue until said youngest grandchild living is entitled to his or her distributive share at age 25, at which time distribution shall be made in accordance with the terms or the trust and the trust'shall terminate.ByThe Court, Paul' A. Simmons, J. February 6, 1974----CERTIORARI from the Supreme Court of Pennsyl a to No. 93 March Term 1974, in the Appe,al of Richard Evan Clarke and Margot Nease Clarke from the Opinion and Order of'your said Court at No. 63-70-517; IN RE ESTATE OF ADA M. CLARKE, deceased, !'iled.--David Gilmore, Attorney !'or Appellants. February, 1974--·---NOTICE OF APPEAL IN RE: EST. OF ADA M.CLARKE DECEASED, No. 93 March Term 1974, filed.-· David L.Gilmore~Attorney !'or Appellants. February 14, 1974,Service of the foregoing notice is hereby accepted. /s/ Ross Armbruster Attorney for Richard c. Clarke II and Robert Hughes Clarke ~ ~ ·~ e Court of Pennsylvania, l ss: ' Western District \ ,r :r--'The,\C:~, 'irtmonwealth of Pennsylvania \ • . j { ~-. ~ TO THE JUDGES of the COURT OF COMMON DIVISION_, PLEAS_, ORPHANS ' COURT / for the County of WASHINGTON GREETING: We being willing for certain causes to be certified of the matter of the appeal of RICHARD EVAN CLARKE and MARGOT NEASE CLARKE from the Oplnlon and Order_, Jan. 9_, 1974, of your sald Court at No. 63-70-517; In Re: Est•te of Ada M. Clarke, Deceased_, before you, or some of you, depending, DO CQMMAND YOU that the record and proceedings aforesaid, with all things . / touching the same, before the Justices of our Supreme Court of Pennsylvania, at Pittsburgh, in and for the Western , District,JOf»Ctlmrxxxxxxxxxxxxx~~x FORTHWITH x~x , so full and entire as in your Court before you they remain, you certify and send, together with this Writ, that we may further cause to be done -thereupon that which of right and according to the laws of the said State ought. --- l»itntll HON. BENJAMIN R. JONES , Doctor of Laws, Chief Justice of our said Supreme Court, the 6th day of February in the Year of our Lord // /' one thousand nine hundred and seventy-four. ~N~ ... 1 e "t:l (l) g ;:! -~ Ol ~ ... ~ "' --.!;j-·g 0) l (l) ll. 1;' ~ .... t; (l) ;:! I 0 CJ (l) ~ .... 1;' 1i e (l) ~ ... §' 1:'.2 (l) ~ .... ~•t; ~ (l) ... ~ ~ .... ~ .... .;?.. (l) .0 ~ (l) .!: .... ~ (l) "t:l g _, _, ;:g ...... 0 "' (l)- ~ t:! "' ~ .... Ol -~ ~ ~ -ci 0 (l) .... "t:l "' ~ Ol t:! -~ ~ ~ ~ .... 0 .... CJ t; (l) "' "t:l :.; ~ .. § (l) ~ t; .. 9 'S "l ... "' i ;:s ... "' ~ ~ E ~t~ ;E ~Cl f:·~ .... ~ f~ ;:! (l) ... 'V "' .. ·~· ::0 -t f:;r-~ t:l (l) .r; ~-... !3: "t:l ~ g 13 (l) 0 (l) CJ "' ..... ~ (l) 'ti ..... .... ... ~ (l) ... ~) t:! -;; .;?.. ~ ~ .... 0 h ... ~ I / ~I......, ~ ~ ...... ...... ·r ~ . .~' :~ ... : t f ~ No. 93 March Term, 19 7L~ ~uprtmt ~ourt WESTERN DISTRICT ;:: /(1 IN RE: ESTATE OF ADA M. CLARKE, Deceased Appeal of RICHARD EVAN CLARKE and MARGOT NEASE CLARKE CERTIORARI to the COURT OF COMMON PLEAS;.ORPHANS' COURT DIVISION, r for the County of WASHINGTON Returnable NX FORTHWITH ~Hfs:XX orxxx JWr .JlK.MlXX David L. Gilmore, Esquire FILED MAY ,J -197Attorneys SUPREME OOUR11 WESTEQ j)JI'gUgl Appellant I IN RE: ' • IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA. ESTATE OF f ( ) ( NO. 93 March Term, 1974. ADA M. CLARKE, DECEASED. NO. 63-70-517 (In Court Below) APPEAL OF RICHARD EVAN CLARKE and MARGOT NEASE CLARKE CERTIORARI having been.t'iled from your Court in the-above entitled Estate, I have prepared in accordance therewith, the record, including Docket Entries and all' original papers, for Certification to the Supreme Court of Pennsylvania, from the of' Washington~County, Pennsylvania. \ Register of Wills and Ex-Of'ficio Clerk of the Orphans• Court. ·' ' I -~ e e \' ••• ~ ,j ·, o2f33 ~ 3-/0 -s-17 -·· ;i!K OF ADA M. CLARKE ·, ~ i And now May 19, 1970, it being adjudged that said Will has been provea, it is hereby admitted to probate and ordered ·to be recorded e.nd Letters Test~mentary are issued to Me.Llon National Bank and Trust Co. in said Testament named who was lduly qualified. t l \ ! l l J, Russell Marino Register McCREIGHT, MARRINER & McCREIGHT ATTORNEYS AT LAW WASHINGTON TRUST BUILDING WASHINGTON, PA. WILL BOOK ~ 110 PAGE L83 - ,. 0 !\pplitatintt fnr Jrnhatr nf Ifill nf .... Acta. ... M., .... C.la..:rk.e., ... ~J~.9 .. ~n.9:w.~ .. ~.~ .. A~.a M.c:~~Y .. ~~~!~.~ .......... .late of ......... ~C>~~ll ... ~.t.~~l?.~~.~ ... 'I'()~l11S.ll~P ................. , Washington County, Pennsylvania deceased, and ~ruut nf 14dters westumeutury. REGISTER'S OFFICE, WASHINGTON COUNTY, SS.: Before the Register of Wills of Washington County, personally appeared ...................... A:rli.e .. W .•... O.t t .................................................... who being duly sworn says that .......... ~.~~ ... ~.~ ... qJ~~~~.~ .. ~/.~/<i .. A4~ .. ¥.C:~~Y .. ~~.~:r~.e ......... .late resident of S?_l:l:~~ ... ~.~!'.~~~~~ ... ~P.; Washington County, Pennsylvania, a citizen of.. ..... U .•. S .•. A ................. died testate at .. ~.~t~·~d·~j.?·Ha.·~~·~·B~riJ .............. on the .... l.~.tb .. day of.. ........ May ............. A. D. 19 .. 70 .. at .. 9.;.l5.o'clock .. A~ .. m./~ge~.~.~.~ .... 8.0 leaving an estate of the estimated value of $ .... 3.5.,.0.00 .•. 00 .... personality, and $ ........... none ........... realty, said real estate being located in ...................................... .. ···························.························································· ................................................................................... . .................................................................................... ···················································································· ····················································································. ·································.·················································· ··················································································· .................................................................................... . The decedent's legatees and devisees are as follows: NAME RELATIONSHIP Mellon National Bank and T~ust Company, Trustee none William N. Clarke son Richard Clarke son - - Testator has ........ not ............. married and ................ no execution of the will offered for probate. RESIDENCE 40 s. Main Street Washington, Pa. 315 E. 72nd St. 1 Apt. 1 New York, H 021 New York 10 unknown .. children have been born since the Petitioner prays that the paper writing filed herewith dated ...... Ma.:rch .. l.4., ... 19.6.8 .................. .. may be admitted to probate as the last Will and Testament of said decedent, and to grant Letters Testamentary thereon to .......... ~~ ~J9.~ .. N qtJ Q.O,Gi.l ... Ea.n.k ... and ... Trust ... C.o ................................... . whose postoffice address is ......... ~.O ... $.~ ... M.a.in ... S.t.:ree.t., ... W.ashingt.o.n., ... P.a ..... l5.30.l ............... . jt Register COMMONWEALTH OF PENNSYLVANIA, } SS . WASHINGTON COUNTY, # . . . And now .............. ~.~Y ..... /. .. f. .............. , 19 .... 7.0, comes ..... J\.:r.~~-~-:.VJ.• .... 9.~t ........................ ~ ....... . . Mellon National Bank and T~u~t. Company who bemg duly sworn doth depose and say that .................... will well and· truly admu11Ster tfie goods Clarke and chattels, rights and credits of.. ................... A.da ... M.L.C.l.ar.ke., .. a./.k/a .. Ada.McCo.y .... deceased, to the best of . :i..t. ~ ... skill and judgme~t in strict co~pliance with th~ ld~s of ~his Commonwealth, mindful of the laws relating to inheritance taxes. /F~ Sworn and subJ.5ribed before me this ................... . /:??a tf day ~ ............................................. A. D. 19.7 ... .. . ~/7 .· ........................................................ ~ Register ............. ~ .. td~ .......... . ................ Tru.s. t ... Off i.e. er ............... . J • . ) -1-) t • " \'':> ~ "' ~-~ -<',., ·: ;<( . :a: ~~)--'\,.) . . . .c . ~ ro: w: bO " -: S::: 0\ ...-1 » ~~~: ~: ,..... cv a) -~ $:l ... \--.:' \.!' ~ -ro: E-i: C) 0 .... () .... ~ ~J'4 ~ ..: (1): ~ < K~~ (1): ~: ·-•. ED ' '+-+ ~: as: i-t L. ·-. , ~ 1, Q k '"C) .o: ro. Q) ro: ~ l"'"i: "' . '10 t1~¥ \ 9 Pt\ 2 42 t _. o· C'<l ~: (I) -= : ~ -1-l: ~ "~:;:) • • Q) W: or-1 II ID ~ ~ ~ .c::: ~ I ,:.:: -1-l: '"C) ~ It -ro ~-~ . Q) ~ R U S S E L \. M td( \ N 0 ro \t\'\ '0 ro ::s : .... d ~ ~ <,..... 0: t:: l"'"i 8EG\STER Of WILLS u rl): C'<l l-< r-1 0\ >-C-' CIJ WASHINGTON CO .• PA. -1-) ~ ~ .c 0 0 "' bO u 1-< .,; Q) Q)· 0 . u .... .... .... (I) .... :~ CIS Q) ~ H ~ ~ C,) () :.:e: e .. e --.. J .:;, < <trnmmnuwrult4 nf Jruu.ayluauia llla11{Jtugtnu C!tnuutg. 1111: BE IT REMEMBERED, That upon this ............ ~.?..~~ ................... day of ...................... ~~~.¥. ................................................... . 197.9 ...... , before me .................... .R.Y..~.§.~.lJ .... ~~I}.I.'.i.U.Q .............................................................................. Register for the probate of Wills and granting Letters of Administration within and for said county, came ....................................................................... . ....................................... ~~-~~ .. ~ .... 9. .. ~ ..... ~9.gE.~ .. ;.~.~-~ ........ ~.~-~ ..... P..9.!.:9..~.9.:l. .... !?. .. ~ ..... !~~.9.::..:..~ .. ~.9..::: ..................... "" .................................. . ............................................................................................................ the subscribing witnesses to the foregoing attached Will of Ada M. C.ilarke ooouoouooooooooooooooooooooooooooooooooouoooooooooouoooouoooouoooooooooouooooouoooHoooouoooooooou .. oooouoooo-oou .. ooooouoooooooooooooooooooooouoooouooooooooooooooouoooooooooooooooooooooooooooooooonoouoooouonooooooooooooooouoooooooo deceased, who, a£ter being duly qualified according to law, depose and say: That they were present at the execution of said Will-saw the testat .. r..!.~ ....................... sign the same-heard ... ~~ .. ~ ................ publish it as and for Her 1 Will d T ' · th th Her · · Her d · h .............................. ast an estament, , at ey at .................................... request, m .............................. presence, an In t e presence of each other, subscribed their names thereto as witnesses; and at the time of the doing thereof said testat.r.J~ ......................... was of sound, disposing mind, memory and understanding, to the best of the affiants' knowledge and belief. Sworn and Subscribed Before Me /J... (}() ~{\~················· ~.~ .......... l.J..\g Register ~2 ·~ J-7d-SI/ .. -n --.! ~ ;.~:J c:;:l J> rn :::0 (./) GJ c. :::£ r-- ::r:: -(j) ~ (.{) (.fi z -1 rr1 rn (i) rn .-· -i :::0 r- r..O d 0 C) z -n 5::. L -o ., 0 :€ )_-::. .... .:::t 0 :;D -r"J rz f -o r'o J> (fo ..c::. r-.J' JATTT.T, OF ADA M. CLARKE ~ ADA M. CLARKE , of the Borough of East Washington, County of Washington, Commonwealth of Pennsylvania, do make this my Will, hereby revoking any and all Wills at any time heretofore made by me. FIRST: I direct that the expenses of my last illness -~ and funeral be paid out of my estate as soon as may be convenient after my death. BECOND: I give and bequeath to my surviving children so much of my tangible personal property as they may each select, and the rest shall be sold and the proceeds added to my residuary estate. THIRD; All the residue of my estate, real and personal, and wherever situate, 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 hold, manage, invest and reinvest said Trust Estate and shall distribute the net income (hereinafter called "Income") and principal from time to time as follows: (l) The principal shall be held in a single trust so long as any of my grandchildren, EVAN, MARGOT, CLAUDINE and JEAN, shall be under the age of twenty-five (25) years; and the Trustee shall use the Income, together with so much of the principal as may in its opinion be advi~abie therefor, for the welfare, support and complete education of such of said grandchildren as shall need financial assistance, in the opinion • 0 of the Trustee. The Trustee shall have complete discretion as to how much shall be used for each, shall have no duty to equalize, and may pay sums to the person having custody of any minor, without liability on the part of the Trustee to see to the application thereof, or directly to or for the benefit of any of said grandchildren. (2) As soon as none of said grandchildren is under the age of twenty-five (25) years, the principal and any accumulated income shall be divided into as many equal shares as there are of said grandchildren then living and said grandchildren then deceased with issue then living. • (a) Any share so set apart for a deceased grandchild shall be transferred and delivered to such deceased grandchild's then living issue, per stirpes, subject to the provisions of the minor beneficiary clause hereinaf~er contained. (b) Each share set apart for a living grandchild shall be transferred and delivered to him ·or her free of trust, and the trust shall terminate. (3) If no grandchild or issue of grandchild is living at the termination of the trust, then any remaining portion of the trust estate shall be transferred and delivered to those persons who would have been entitled thereto had I died at that time intestate. (B) If any beneficiary entitled to receive a share of principal hereunder shall be a minor, such share shall not be distributed to him or her, but shall be retained by the Trustee until the beneficiary a·ttains majority, at which time the prin- cipal shall be paid to him or her free of trust. During such mino~ity, the Trustee shall pay so much of the Income and prin- cipal as it deems advisable for said minor's welfare, comfort, recreation, support and education to the person having custody of him or her, without liability on the part of the Trustee to • 0 ,• • see to the application thereof, or shall use it direct for such purposes, and shall add the remaining Income to principal, to be invested as such. If such beneficiary dies while a minor, t ,,-. the Trustee is authorized in its discretion to pay part or all of his or her funeral expenses, and the remaining principal shall be paid to the persons entitled to his or her personal estate; . PROVIDED, however, that the share thus accruing to the beneficiary of any other trust hereunder shall be added to such other trust. (C) The interests of the beneficiaries hereunder shall not be subject to anticipation or to voluntary alienation; and the principal and Income shall 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. (D) In the administration of the trusts herein created, the Trustee shall have, in addition to and not in limita- tion of any authority given to it by law and without the necessity of obtaining the consent of any court, the following powers: to accept in distribution of my estate and to retain investments and property which are a part of my estate; to invest and reinvest the principal of the Trust Estate in any kind of property, real or personal, or part interest therein, without being restricted· to investments which are legal for trust funds; to give options for sales, leases and exchanges; to borrow money; to sell, pledge, exchange or mortgage any real or personal property; to compromise claims; to lease real or personal property for terms exceeding five (5) years; to join in or oppose the merger, consolidation, reorganization or readjustment of the financial structure of any firm or corporation in which the Trust Estate may have an interest; to carry securities in the name of a nominee; and to distribute the Trust Estate either in cash or in kind . • (E) The Trustee may resign at any time by petitioning a court of competent jurisdiction to designate and appoint a successor corporate Trustee. In case of the merger or consolidation • 0 0 of the Trustee, the resultant company shall become successor Trustee hereunder without notice to any party. • (F) The Trustee shall be entitled to receive annually compensation for its services hereunder in accordance with its schedule of compensation currently in effect when the services are performed, but not in excess of such compensation as would be approved by a court of competent jurisdiction. FOURTH: I hereby appoint MELLON NATIONAL BANK AND TRUST COMPANY, Executor~ I give and grant 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 under this Will, and in addition the right to distribute my securities or other property in kind to my Trustee. FIFTH: If any property (other than tangible personal property) as to which I am entitled to appoint a guardian shall pass free of trust to a minor by reason of my deatb, I appoint MELLON NATIONAL BANK AND TRUST COMPANY guardian of the estate of said minor as to such property, authorizing such guardian, in its sole discretion and without order of court, to retain such property in kind or to sell the same, giving good title to any real estate, to invest and reinvest in stocks, bonds or other investments without being limited to investments which are legal for a minor's funds and to use:both income and principal for the minor's welfare, comfort, recreation, support and education, including preparatory, college and post-graduate or professional training. SIXTH: I direct that all estate, inheritance and other taxes in the nature thereof, together with any interest and penalties thereon, becoming payable because of my death with respect to the property constituting my gro_ss estate for death tax purposes, whether or not such property passes under this Will, • shall be paid from the principal of my residuary estate passing under Article THIRD hereof; and no legatee or devisee or any person having a beneficial interest in any such property, whether under this Will or any Codicil thereto or otherwise, shall at any time be required to refund any part of such taxes. In the absolute discretion of my Executor such t~xes 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 beneficiaries, in which event such taxes shall be paid by the Trustee out of the principal of the trust subject thereto. IN WITNESS WHEREOF, I have hereunto set. my hand and seal this IL}.-/& day of ___________________________ (SEAL) Signed, sealed, published and declared by ADA M. CLARKE, the Testatrix above named, as and for her Will in the presence of us, who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses hereto. ~~e-.7tl~ 2..:)-:s--~ av-e_ cv~~,t?.-. Address: /G-0 ::J~ .<..flt. {£I a.,~ 1'G., f? ·./... -.~ ~. . ~ . • I • . . .. -: ..... (!hll1tl1t~~:uu~[~11!1 nf ?)1:nw.1ghnmtu, ( · · lUtt!il].tn!}i!ill ffi.!iUtifiJ:. ·.. \ .. •. . . ·.·:!·1. ~ ·.. ': . ··.· .. . · .. • KNO\V ALL MEN l3Y T.f.IESE PRESENTS: . Whcrcns, nt ·washington, in the County aforesaid on the 19th d<:.y of Russell Narino Hay A. D. 19 ?.0, before me, , Register for the Probate of 'Nills and Granting . . .· . . . . ·. . . . . Letters of Administration in and for the County of vVashington, in the Commonwealth of Pennsylvania, . . . . the last ~Vill an.d Testament of ADA N. CLLRIC~ also lmo-vrn as ADA HcCOY CLAR:K.8, ·late of South Strabane Townshi~, in the County aforesaid, deceased, . '· . . . . (a t1:ue copy. ~\~hereof is to these presents anne~ed), was duly admitted to probate;' and · ·. i\s nrouer office~ · . the Executor in said \Vill and Testament named,~:h<~ving ar)pcared before me and ta~en and subscribed the oathof office prescribed by law; ~· ·_NOW, THEREFOH.E, I, Russell }1arino , Register as aforesaid, do · grant these LETTERS TESTAlV~_ENTARY, unto the said . ~ .; 1'-fE:LLON KATIOYAL BANK AND TRUST CO}'IPJ'-.SY · committing unto i t the administration of all and singular the goods . and . -. . . chattels, rights ::md credits, which were of said deceased, and requiring i · t . to exhibit a twe ·and perfect inventory thereof into the Register's Office, at \Vashington, within ninety days from the date hereof, and to render a just and true account of said administration at the expiration . of six months from the date hereof, and to regard and comply with the provisions of the laws of this · · :Commonwealth. relating to inheritance taxes ... . ' ... ·· -. . ·.: ... . JN T'ESTEviONY vVHEREOF, I have hereunto set my h~nd and the seal of said · .·.··.·· .. Office at vVashington-, this n i n e t e e n t h day of Nay .. in the year of our Lord one thousand nine hundred and s e v e n t y. £2~-P..m ..... 2;_.'-k2.!d~~ Register. .. · · ... . ·.·: :.·· ,. ! :. ·' . .• ·' ·. !. . • . ---._ ___ .. J -• _;-r . .. -- .. ~ ·~c# .;··· . , ... : ' . ~: .... •.' .· ' .... .. -~ ' ···.- ·'• . .' . ·-·:·. :··.' .•.·· ·· .. .. ... ~ .. , . . :>1 :> t:):d ~:> ~~ (): 0 Cj. do .d ~t"i it"J ::;::. :o d ::d itr:l H..._. ~ ..... .., i:> :>: t.:.; :C/.l :::G itrt ~ ltJ r:;: p 1~ =· .. iP ;· .·' l J. \ I \ : .. l ..... ~l II ~ " ~ II ~,z~., I ~;.. I ~ +--' • I C"t m (/) Gl I -l > fy -l l"" I ...,, I m ~~: .. 0 rv. ........ "11 ~--~;:. ...,.:. ..-;- ·~ -II -~;.. ..,... -II +-':' • I u:; . #63-70-517 AFFIDAVIT OF EXECUTOR STATE OF PENNSYLVANIA, ss.: COUNTY OF WASHINGTON Personally before me, the undersigned authority, a Notary Public in and for said County and State, appeared ARLIE W. OTT, TRUST OFFICER of MELLON NATIONAL BANK AND TRUST COMPANY, who, being duly sworn according to law, deposes and says that MELLON NATIONAL BANK AND TRUST COMPANY is the executor of the estal e of ADA M. CLARKE, A/K/ A ADA MC COY CLARKE, deceased that the following schedules constilute a complete inventory and appraisement of the real and personal estate of ADA M. CLARKE. A/K/A ADA MCCOY CLARKE, deceased, except real estate outside the Commonwealth of Pennsylvania; that the figures opposite each item of real and personal estate in the following schedules are determined and stated by the undersigned to be the fair value of said items as of the date of the decedent's death, based upon a just appraisement of each item made by the above named Executor. Sworn and subscribed before me this ~ i day of ______ ~.tJoc::lz:::!o<y~~~~,..---' 1970 ~ >n.J~y~ /:NOtary Public SARA M. VAN KIRK, Notary Public Washington, Washi~gton County, Pa. My Commission Expires October 14, 1970 TRUST OFFICER of MELLON NATIONAL BANK AND TRUST COMPANY J EXECUTOR ESTATE ofADA M. CLARKE, A/K/ A ADA MC COY CLARKE, DECEASED INVENTORY AND APPRAISEMENT of the goods and chattels, rights and credits which were of ADA M. CLARKE, A/K/ A ADA MC COY CLARKE, Deceased, late of 348 East Beau Street, Washington, Washington County, Pennsylvania, taken and made in conformity with lhe above affidavit. PERSONAL ESTATE SCHEDULE Mellon National Bank and Trust Company Washington Office Checking Account No. 2.16-9070 Halance 5/12/70 Mt·llon National Bank and Trust Company T •·us tee under Insurance Trust of William N. Clarke dated July 17, 1926 aH amended October 24, 1927 for Ada M. Clarke Payment in full of net income on hand and accrued as of 5/12/70 $ 6, 895.23 1,905.42 $20,000.00 132 Shares McCreight, Marriner & McCreight Trustee Account Balance 5/12/70 Washington Hospital Extended Care Facility Cash held in Decedent1s account Refund of Decedent1s Part B Medicare coverage $311.12 Blue Cross of Western Pennsylvania Refund of unearned premium on Blue Cross and Blue Shield Coverage under Group No. 66000-00 Agreement No. 270 BC 9892 B The United States of America· Treasury Bill 18.24 Dated January 15, 1970 DueJulyl6, L970 @98. 8625 Standard Oil Company (New Jersey) Capital Stock ($7. 00) @52. 3125 Dividend of $0. 90 per share payable 6/10/70 to stockholders of record 5/13/70, Ex-Dividend 5/7/70 Jewelry Total Personal Property Appraisement REAL ESTATE SCHEDULE REAL ESTATE IN PENNSYLVANIA Notll' M.EMOHANDUM OF IlEAL ESTATE OUTSIDE THE COMMC)NWEALTH OF PENNSYLVANIA Nont· - 2 - $ 681.55 329.36 5. l 0 19,772.50 6,905.25 118.80 300.00 $36,913.21 ' .. e - L_ ' t ( ,. ;(S/7 (;, 3-7() -SI? IN VENT OR Y AND APPRAISEMENT IN THE ESTATE OF ADA M. CLARKE, A/KIA ADA MC COY CLARKE, Deceased "" -'' --.l :~ ::n --· c.:l Filed :t.: fTl ~~ ~ .., ....... ~.-' 1970 (;' ,, J = ::c --(0 <":') -(fJ (j} '"'""__, z -= ;--;~ ii ..... J l l j c? rn 1-o;:, ~:5,'1.~ --1 ;Xl ,-\._I 0,-., ... z ~ :::. ·-o C)...-:;:~· ::...L 0 :.:: :::::1 ·-r--z -oro > (f) ......., <..M' Attorney: James C. McCreight, Esquire Address: McCreight, Marriner & ·McCreight Washington Trust Building Washington, Pennsylvania 'DKf.~/~~oJ ,. ' AFFIDAVIT OF EXECUTOR STATE OF PENNSYLVANIA, ss.: COUNTY OF WASHINGTON Personally before me, the undersigned authority, a Notary Public in and for said County and State, appeared ARLIE W. OTT, TRUST OFFICER of MELLON NATIONAL BANK AND TRUST COMPANY, who, being duly sworn according to law, deposes and says that MELLON NATIONAL BANK AND TRUST COMPANY is the executor of the estate of ADA M. CLARKE, A/K/ A ADA MC COY CLARKE, deceased that the following schedules constitute a complete inventory and appraisement of the real and personal estate of ADA M. CLARKE, A/K/A ADA MCCOY CLARKE, deceased, except real estate outside the Commonwealth of Pennsylvania; that the figures opposite each item of real and personal estate in the following schedules are determined and stated by the undersigned to be the fair value of said items as of the date of the decedent's death, based upon a just appraisement of each item made by the above named Executor. Sworn and subscribed before me this 28th day of ___ A_u..::g_u_s_t _________ , 1970 Is I Sara M. Van Kirk /s/ Arlie W · Ott Notary Public Arlie W. Ott TRUST OFFICER of MELLON NATIONAL BANK AND TRUST COMPANY EXECUTOR ESTATE of ADAM. CLARKE, A/K/A ADA MCCOY CLARKE, DECEASED INVENTORY AND APPRAISEMENT of the goods and chattels, rights and credits which were of ADA M. CLARKE, A/K/A ADA MC COY CLARKE, Deceased, late of 348 East Beau Street, Washington, Washington County, Pennsylvania, taken and made in conformity with the above affidavit. PERSONAL ESTATE SCHEDULE Mellon National Bank and Trust Company Washington Office Checking Account No. 2.16-9070 Balance 5/12/70 Mt>llon National Bank and Trust Company '[' t·ustee under Insurance Trust of William N. Clarke dated July 17, 1926 as amended October 24, 1927 for Ada M. Clarke Payment in full of net income on hand and accrued as of 5/12/70 $ 6, 895. 23 1,905.42 ~ ·,.; ' $20,000.00 L 32 Shares McCreight, Marriner & McCreight Trustee Account Balance 5/12/70 Washington Hospital' .Extended Care Facility Cash held in Decedent's account Refund of Decedent's Part B Medicare coverage $311.12 Blue Cross of Western Pennsylvania Refund of unearned premium on Blue Cross and Blue Shield Coverage under Group No. 66000-00 Agreement No. 270 BC 9892 B The United States of America Treasury Bill 18. 24 Dated January 15, 1970 DueJulyl6, 1970 @98. 8625 Standard Oil Company (New Jersey) Capital Stock ($7. 00) @52. 3125 Dividend of $0. 90 per share payable 6/ l 0/70 to stockholders of record 5/13/70, .Ex-Dividend 5/7/70 Jewelry Total Personal Property Appraisement REAL ESTATE SCHEDULE REAL ESTATE IN PENNSYLVANIA Nonl· MEMORANDUM OF REAL ESTATE OUTSIDE THE: COMMONWEALTH OF PENNSYLVANIA Nont· - 2 - $ 681.55 329.36 5. 10 19,772.50 6,905.25 118. 80 300.00 $36,913.21 - e ~ ,.... INVENTORY AND APPRAISEMENT IN THE ESTATE OF ADA M. CLARKE, A/KIA ADA MC COY CLARKE, Deceased ..., ~I' .·::-.... ~ -.J ~ Filed ~ c::;::! ~ ~:t-~70 ':;:;.. (f) G") :;:r-... :--~~ :r.:: --(J""; = ! I ~....;-J -,.. (/) (,(} --·"1 Z -l rn )"'-..) t l \ G) rn r-·_::<"_.:) --1 ;:.v ,-r-~ So -=-"' -o ... ...-;;._ -.q :~~: 0 ..c ::-· o<:~ r-z -oro :t-(f) rv, f',.J Attorney: James C. McCreight, Esquire Address: McCreight, Marriner & McCreight Washington Trust Building Washington, Pennsylvania "") J IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY COMMONWEALTH OF PENNSYLVANIA ORPHANS' COURT DIVISION IN THE MATTER OF THE ESTATE OF ADA M. CLARKE, DECEASED ) ) ) PETITION RE RICHARD C. CLARKE II Now comes Richard C. Clarke II, a minor, by his father, Richard C. Clarke and his mother, Betty J. Clarke, his next friends, by Ross Armbruster, attorney, and says: 1. Richard C. Clarke II was born June 23, 1970, a.natural child of Richard C. Clarke and Betty J. Clarke, and is a natural grandchild of Ada M. Clarke, who·se estate above is in the process of probate in this Court. 2. Richard C. Clarke II as a grandchild of Ada M. Clarke is entitled to an equal share as beneficiary with the other grandchildren, Evan, Margot, Claudine and Jean under Clause THIRD of the Will of Ada M. Clarke, dated March 14, 1968, and under all sub-Clauses of Clause THIRD, and under all applicable provisions of said Will of Ada M. Clarke. 3. There are five (5) grandchildren of AdaM. Clarke, namely, this Petitioner, Richard C. Clarke II, also Evan, Margot, Claudine and Jean Clarke, all of which are considered as a Class and are a Class, so that a Class Gift was provided by the Will of Ada M. Clarke, resulting in equal shares of one-fifth (1/5) each to each of said five grandchildren. -1- /' \~ j • • 4. Attached hereto is the Affidavit of Richard C. Clarke and Betty J. Clarke, setting forth the pertinent facts in this regard, which said Affidavit is marked "Petitioner's Exhibit· 1" and made a part hereof. WHEREFORE, Petitioner prays that this Court declare Richard C. Clarke II to be equally entitled to share under the Will of Ada M. Clarke in all .its provisions and that Richard C. Clarke II be declared entitled to a one-fifth (1/5) interest, being an equal share, with said other four grandchildren, Evan, Margot, Claudine and Jean Clarke and that distribution of the residue of the estate of Ada M. Clarke be so made. BY: RICHARD C. CLARKE II, Petitioner ~~.~ RICHARD C. CLARKE, Father and Next Friend BY:~~~' -·~----:· . :---~--:- ~RKE, Mother and Next Friend BY: ~·C1~ ROSS ARMBRUSTER Attorney for Petitioner 206 State Street Alton, Illinois 62002 Telephone: 618-465-8866 ,> ·• STATE OF ILLINOIS COUNTY OF MADISON ) ) s.s. ) A F F I D A V I T .. l ,. .. RICHARD C. CLARKE, and BETTY J. CLARKE, being first duly sworn,. upon their respective oaths depose and say that they were married in Alton, Illinois, on March 8, 1968, and since said date have been and are husband and wife. Affiants further state that to the union of this marriage there has been born one child, namely, RICHARD c. CLARKE, II, born June 23, 1970. Affiants further state that the affiant, RICHARD C. CLARKE, is a son and child of ADA M. CLARKE, and that RICHARD C. CLARKE, II, the child of RICHARD C. CLARKE and BETTY J. CLARKE, ts a grandchild of ADA M. CLARKE, with her other grandchildren, EVAN CLARKE, MARGOT GLARKE, CLAUDINE CLARKE and JEAN CLARKE. Affiants further state that the said ADA M. CLARKE died in Washington County, Commonwealth of Pennsylvania, on May 12, 1970, the said ADA M. CLARKE having been a resident of the Borough of East Washington, County of Washington, Commonwealth of Pennsylvania, and this Affidavit is made for the purpose, among others, of establishing the rights of RICHARD c. CLARKE, II, as a beneficiary under the Will of ADA M. CLARKE, deceased, the said RICHARD C. CLARKE, II, being in the class of grandchildren mentioned in said Will. RICHARD C. ~LAID<. E ;gd/;d .~: ~ "Petitioner's Exhibit 1" 0 .., ' •.• ·+-. .. Subscribed and sworn to before me by RICHARD c. CLARKE and BETTY J. CLARKE this ~(?~ day of September, 1970. -2- ) .. .~ ' .. .. ' ... ,! ·i .~ e :c·-- e· 0 ~ '!' i ·' : "-- H,j THE COURT OF COMMON PLEAS OF WASHINGTON.<;, COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ~r <ot • .>' -·.• NO. 63-70-517 E;S'::!A.TE OF 'ADA M. CLARKE, ALSO KNOWN AS ADA McCOY CLARKE, DECEASED FIRST AND FINAL ACCOUNT OF MELLON NATIONAL BANK AND TRUST COMPANY EXECUTOR BALANCE DUE -$31, 250. 7 8 '·.-~ • I f-., 0'\ : -:1 ' • .J v.J F.ee -.,.; Filed ---------------- • ! \ ___ j JAMES C. McCREIGHT, Esquire McCreight, Marriner and McCreight Attorneys-at-law Washington Trust Buildin~/11-n Washing~o~, Fi~T~~~;~;;'~:rf/~.7I(~t .......... ~-·~ ~~7 /trw witt/In aaoou.llfl ortt8fjlft6f1 to tiiG (Jourll: 'Y.-;ontirma3? ~ !)1(7.'!SS"-UJ~313 • • • • ·: ·:~·,. j ,· ~; ~·"')Jr.. ( { .. , ..... '· .•: . ·,:_. _;., ·.···· lo3 -7/.-/ ,~f\&1,.., . n ... ~/ ~~1 .. ~·-;··-t ........ . ~-. ; ... lfJ# 19~991~ ... :f•o._::.,\· '~ .· .:• ;.~ • • . E f ~·. . ' ------- I I I I J{]~N: kh I IN TILE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 63-70-517 ESTATE OF ADA M. ClARKE, ALSO KNOWN AS ADA McCOY ClARKE, DECEASED FIRST AND FINAL ACCOUNT OF MELLON NATIONAL BANK AND TRUST COMPANY EXECUTOR January 11, 1971 s u M M A R y SCHEDULE "A" PRINCIPAL-PERSONALTY Receipts Page 3 $37,333 46 Disbursements Page 4 7.145 92 J Balance $30,187 SCHEDULE "B II INCOME-PERSONALTY Receipts Page 5 $1,195 23 -Disburscnwnts Page 5 131 99 Balance 1.063 NET BAlANCE $31,250 Balance consists of the following: PR INC lPAt>PERSONALTY .lt•\vt•l ry ht•l d at Washington Of fie<:~ $300 'l.'t•llllll't·ary Investments and Depos:i.ts: Demand Nott• of c 1 1' F.lnanc:lal Corporation 2,000 00 F 0 I{ WA R D $2,000 00 $300 54 I 24 78V 00 00 ~- ' . • . . BROUGHT FORWARD $2,000 00 $300 00 Demand Note of General Electric Credit Corporati.on 6,000 00 Demand Note of Ceneral Motors Acceptance Corporation 20~000 00 28,000 00 Cash on hand 1.887 54 $30,187 54 INCOME-PERSONALTY Cash on hand 1.063 24 $31,250 78 ' - 2 - 1970 1\ II)'.. 1970 Jut a• 1970 July Aug. 1970 I June July 2J I nventnry fUed SCHEDULE "A" PRINCIPAL-PERSONALTY l~cce.ipts Ga i.n on S~1l e of Assets Net proceeds snle of 132 shares Standard Oil Company of New Jersey, Capital Stock at 55. Carrying value $7,325.50 6,905.25 Conversion of Assets Without Gain or Loss 16 Proceeds redemption of $20,000. United States of America Treasury Bills, 1/15/70, 6.30%, due 7/16/70 at 100., less increment·credited to income $19,772.50 Carrying value 19,772.50 4 Proceeds sale $2,000. Connnercial Credit Company 31 17 25 1 Demand Note at 100. $2,000.00 Carrying value 2,000.00 Proceeds sale $4,000. Commercial Credit Company Dt~mand Note at 100. $4,000.00 Carrying value 4,000.00 Purchase of Assets $6,000. Demand Note of Commercial Credit Company at 100. $6,000. Demand Note of General Electric Credit Corporation at 100. $1,000. Demand Note of C I T Financial Corporation at 100. 16 $20,000. Demand Note of General Motors Acceptance Corporation at 100. 17 $1,000. Demand Note of CIT Financial Corporat i.on at 100. Cash expended rc purchases - 3 - $36,913 21 420 25 $000 00 000 00 000 00 000 00 $6,000 00 6,000 00 1,000 00 20,000 00 1.000 00 $34,000 00 34,000 00 000 00 $37,333 46 1970 May Aug. 1971 Jun. 1970 .JUIH' 197(> Aug. 26 26 28 25 I l 9 SCHEDULE "A" PRINCIPAL-PERSONALTY IHsbursentents Admlnistratiyc Expenses Wnshlngton County Reports: Legal Advertising Observer-Reporter: Legal Advertising Joseph P. Ames: Appraisal services Regis tcr of Wills, Was hi ngtori. County, Pa. : Court costs, as follows: 5/27/70 Grant of Letters and Short Certificate 8/28/70 Filing Inventory McCrl'ight, Marringer and McCreight: 12/29/70 Payment on account 1/11/71 Halancc of attorneys• fee MP.IIon National Bank and Trust Company: Compt•nsat i.on as l~xccutor Pn•ferred Debts .. Ada M. Slater: Nursing service through 5/11/70 Jeannette S. Lackman: Nursing service 5/10/70 and 5/11/70 Piatt Funeral Home: Funeral expenses Dorothy B. Morrison: Nursing services 5/7/70 to 5/12/70 Other llchts Bell Telephone Company of Pennsylvania: Final statement Other Taxes $26.50 4.00 $500.00 1,366.70 Russell Marino, Register of Wills, Washington County, Pa.: Dn account of Pennsylvania 6% on $25,000.00 LNlS s·x. d iSl~Ollllt Inheritance Tax being $1,500.00 75.00 $14 00 14 00 5 00 30 50 1,866 70 1_~845 00 3,775 20 $120 00 60· 00 1,541 70 215 00 1,93() 70 9 02 1.425 00 $7,145 92 == ==I==: 1970 Dec. 1971 Jan. 9 II SCHEDULE "B" INCOME-PERSONALTY Receipts Interest-Demand Notes C I T Financial Corporation Demand Note lt'ttercst collected during the period 7/16/70 to 11/30/70 Connnerc.i.a"l Credit Company Demand Note Interest collected duri.ng the period 6/4/70 to 12/31/70 General E I (•ctr i.e Credit Corporation Demand Note Lnterest en llccted during the period 6/1/70 to i"l/30/70 General Motors Acceptance Corporation Demand Note Interest collected during the period 7/1/70 to 11/30/70 lritercst-Treasury Bills $20,000. United States of America Treasury Bills, 1/15/70, 6.30%, due 7/16/70 Increment to 7/16/70 Disbursements Administrative Expenses Internal Revenue Service: Income Tax on income for year ending 9/30/70 Mellon National Bank and Trust Company: Compensation as Executor -5 - $57 26 176 57 189 95 543 95 $967 73 227 50 $1,195 23 $72 23 59 76 $131 99 COMMONWEALTH OF PENNSYLVANIA ) ss COUNTY OF WASHINGTON ) ARLIE W. OTT, Trust Officer of the MELLON NATIONAL BANK AND TRUST COMPANY, the above named Accountant, being duly sworn according to law, deposes and says that more than six months have elapsed from the date of grant of letters and from the date of the first complete advertisement of grant of letters testamentary, that the disbursements shown in the account have been made to the parties entitled thereto; and that the account as stated is true and correct as he verily believes. Trust Ofhcer Sworn to and subscribed before me this ts-t:;e{ day A. D. 19 "REQUE T FOR DISTRIBUTION Accountant requests that distribution be determined by the Court in accordance with the Petition for Distribution to be offered in evidence at the audit of this account. Mellon National Bank and Trust Compan~ Trust Ofhcer ~ Observer -Reporter WASHINGTON, PENNSYLVANIA PROOF OF PUBLICATION In compliance with the News.paper Advertising Act of 16 May, 1929, P. L. 1784, as amended. Commonwealth of Pennsylvania, County of Washington, SS: ........... . Pe,.sonally appear·ed before me, a Notary Public in and for said County and State, ..... Richa.r.d .... S._..__ __ Cowan. .................. , who being duly s•worn according to law, deposes and says that he is the ...... .S.e.c.r.et.ary ........... . of the Observer Puolishing Company, a Bennsylvania corporation, and its agent in this behalf; that the said Company is. the owner and publisher of the Observer-Reporter, succ•essor to The Washington Observer, established Septembe•r 18, 1871, and The Washington Reporter, established August 15, 1808, a daily newspape.r of general cir•culation, printed and published and having its place of busines•s at Washington, Washington County, Pennsyl- vania, where it or its predecessors have been established and published cO'ntinuousiy for more than six months prior to the publication of the notice hereto attached; tha;t the printed notice or advertisement hereto attached is a copy of an official advertisement, official notice, legal notice or legal adveortis·ement, exactly as printed or published iil the Ob£•erver-Reporter in its regular editions on the following date or dates; --·-·······--··---·-----------May ____ 2_6 _ _, _____ .JMn.~.----~----~n4 .... 9.., _____ l..97..Q ........................... . that neither th!e affiant nor the Observer Publishing Company is interested in the subject matter of said notice or advertising and that all of the aHega- !~~,: thl• arf!oovu .. to th• ''m;/di;_",;;Zz::;;;; " EXECUTOR'S NOTICE ESTATE OF Ada M. Clarke a/k/a Ada McCoy Clarke, deceased late of South Strabane Township, Wash• ington County, Pennsylvania. Letters testamentary upon the above estate having been granted 1 to the undersigned, notice is hereby given to those indebted thereto to make immediate payment and to ' those having claims or demands to 1 present them for settlement. 1 Mellon National Bank and Trust Company, Executor 40 South Main Street 1 Washington, Pennsylvania 15301 McCreight, Marriner \ and McCreight Attorneys · I Washington Trust Building Washington, Pennsylvania 15301. 70124-Tues.-3t Sworn to and subscribed before me this .. 9 ....... day of .... J.U.n..e~ ... l.9.7..0 ~%!J~·;;L··-~--~~---· ..... MARGARET M. BRADLEY, NOTARY Ll~ WASHINGTOf<, WASHINGTOi'l COUNTY MY COMMISSION EXPIRES MAY 6, 197~ \ w ~~«DH!l ~«DlUllllllty lR®!pl«Dris CFa:=so:t:F"FM =M~FN= '5'1 ft'H"t:A· VI asbington, Pennsylvania (PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION) PROOF OF PUBLICATION In compliance with the Newspaper Advertising Act of May 16, 1929, P. L. 1784 Sec. 3, paragraphs (3) and (25). CoUNTY OF WASHINGTON t STATE OF PENNSYLVANIA ( SS. Personally appeared before me, a Notary Public in and for said County and Commonwealth, CHARLES C. KELLER, who, being duly sworn, deposes and says: that he is the Editor of the WASHINGTON COUNTY REPORTS, the official legal periodical for said Washington County, publiShed weekly having its place of business at Washington, Washington County, Pennsylvania, and is act- ing as its agent in this behalf; that the said WASHINGTON COVNTY REPORTS was established on March 31, 1920, and was designated as the official legal publication for Washington County, Pennsylvania, by order of the several courts of. said County, dated November 11, 1920; that the printed notice or adver- tisement attached hereto is a copy of a notice or advertisement, exactly as printed or published, which appeared in the said legal periodical in its regular issues on the following dates: ····-·--···}~.Y. ... ?.~_.t._ _ _!_9.?.Q .. ____ , ... -·-···--···-·-··-·-··-·-·-·-·-· -·-·---····-·.J·~-':?:~----~-!. .... ~.:"!:.L . .:"!:.?.?.9.._ .......... --···-·-·--·-··-· that the affiant or the corporation in behalf of which he is acting is not interested in the subject matter of said notice or advertising and that all of the allegations of this affidavit as to the time, place and character of the publicatioo are true. Estate Notices The Register of Wills has granted letters, testamentary or of administration, in the following estates. Notice is hereby given ' to all persons indebted thereto to make payment without delay and to those hav- ing claims or demands to present them for settlement to the Executors or Admin- istrators or their Attorneys. ••••••••••••••••• CLARKE, ADA M., a/k/a ADA McCOY 'CLARKE, Dec'd. ·Late of South Strabane Township, Washington County, Penna. ·Executor: Mellon National Bank and Trust Company, 40 S. Main St., Wash-ington, Penna. 15301 · Attorneys: McCreight, Marriner & Me-' Creight, 520 Washington Trust Bldg., Washington, Pa. 15301 C?~Vm---1?2----~--- Sworn to and subscribed before me this \ ____ ll_tlL._day oL __ .June..----·-·-·-·-·-·---·---·-·· 191170.- ___ ;f::f:a-.~.A_!._~{!._,_}g~~-- N otary Public KATHERINE C. NICHOLAS, Notary Public Washington, Washington Co., Pa. My Commission Expires November 1, 1973 -~ 'II \ ,; '!!!'!!"_"!_ , .. ---··-----'! -· Ross ARMBRUSTER ATTORNEY AT LAW Mr. James C. McCreight Attorney at Law 206 STATE STREET ALTON, ILLINOIS 62002 April 9, 1971 520 Washington Trust Building Washington, P.ennsylvania 15301 · RE: Estate of Ada M. Clarke Dear Mr. McCreight: This is in. reply to your letters of March 19 and April 1, 1971. AREA 618 46S-8866 First, I enclose the Assignment for Margot Nease Clarke of the ring which I have signed and have attached the Power . of. Attorney. Reg.arding the inter.est of Richard C. Clarke II, enclos.ed is a copy of a letter I received from William N. Clarke, dated March 22, 1971. Would you please advise whether the interest of this child could be represented by a special guardian in Washington, Pennsylvania. Otherwise, as you suggest, it would be, of course, nec- essary that I present this matter before the Court. It will appear to me that the proof required would be simply the proof of the subsequent marriage of Richard C. Clarke and the proof of the birth of the child. Would you kindly allow ·me 2 or 3 weeks to explore what I may have to arrange in ·regard to making such proof? · I shall advise you in this regard as soon as possible. RA/m En.c.o cc: Richard c. Clarke Very truloy zours, . · I . / .. I . ~ , . . 1-~ ) • I .>.f • ./ f ~~1J,L_ VV'-hQ,~,LV . Ross Armbruster / -I • --- ',. ·/"" j · IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENN1 • IN RE: ESTATE OF ORPHANS' COURT DIVISICN ) ) ) ) No. 517 of 1970 ADA M. CLARKE, a/k/a ) ~ADA McCOY CLARKE, ~ ... ~ Deceased. z z Ill II. i ~ " z x m BEFORE: ; ti ~ Ul a APPEARANCES: ~ u Q :I ., ~ N ai TIME: 0: E 0 II. Ill 0: ~THE COURT: :I 0 u ) ) ) ) HEARING ON AUDIT THE HONORABLE P. VINCENT MARINO, Judg~ of the said Court. McCREIGHT. MARRINER & McCREIGHT~ ESQ~., of Washington, Penna., representing the Accountant. ROSS ARMBRUSTER, ESQ., of Alton, Illinois, representing Richard C. Clarke, II. -Thursday, March 18, 1971, at 10:00 o'clock A. M., EST. Number 517 of 1970, the estate of Ada M. Clark"', ... < u ii: deceased. The Executor is Mellon National Bank and Trust Company II. 0 and the attorneys are McCreight, Marriner & ®'rcCreight. Mr. James McCreight? MR. Me CREIGHT: May it please the Court, we submit our appeara ce, the Audit Petition and the required ex11 ibits. There are rproblems in this estate, Your Honor, two in particular. Under paragraph second of Mrs. Clarke's will, she gave and bequeathed to my < z < > .J )o 01 z z Ill II. i e " z :r en ~ ..: u ~ en c .J < u Q ;:) ., ~ I'll ai a:: ~ a:: 0 II. bl a:: 1-a:: ;:) 0 u ~ u ii: II. 0 ----------.----- 2 of my tangible personal property as they may each select and the rest shall be sold and the proceeds added to my residuary estate. The only item of tangible property, tangible personal property of whid. Mrs. Clarke died seized was a diamond ring which was in ventorie ::l at $300.00. At the time of Mrs. Clarke's death, one ofhertwo children was present and the other was not. And an agreement wa made orally between the executor and the son who was present that the ring might be taken by him in order to be given to the daughter if the son was not present. However, the ring was never taken and the subject of what is to happen to the ring has been subject of considerable correspondence recently but I am glad to report that I have received this morning a copy of a letter from the attorney for Richard Clarke, one of the two sons, in which be has agreed on behalf of his client that the ring may be gi en to a granddaughter, Marget. Presumably, this would amount to the taking of the ring by Richard, the son, and then the transfer tc his granddaughter, which would be a matter of his own decision. The attorney, Ross Armbruster of Alton, Illinois, has filed with us a copy of the Power of Attorney which seems to give him full power to act on behalf of the son, Richard. But this word has arrived so recently that I haven't been able to analyze it. Perhaps that will not be a problem. The second problem is that the estate, the resid~e of the estate was given in trust to Mellon National Bank and Trust 3 Company to hold and distribute income then finally principal to my grandchildren, Evan, Margot, Claudine and Jean. The decedeP.t died in= May of 1970 and several months later we were informed b Attorney Ross Armbruster of Alton, Illinois that in June of 1970 a son was born to Richard Clarke, whom he represents; and it has been alleged that this child is the grandson of the decedent. And it has been further claimed that the provision of the will to which I have j]r-st referred should be interpreted as a class gift and that the after-born grandchild should then participate. This questitm is referred to, Your Honor. We would feel that it would be, first, a burden of proof of fact that the child alleged to have been born in June of 1970 is, in fact, a child of Richard Clarke; and second, the legal question of whether this was a class gift. It was my understanding that there would be in Court this morning represen tation of Richard Clarke and of this grandson. But a claim was filed by Attorney Ross Armbruster of Alton, Illinois, and has doubtless been referred to the Court. In this connection, the grandchildren named in the will are all under the age of 21. The oldest is Richard, who w s born October 3, 1950, a son of Richard Clarke. Then there are twin grandchildren, Claudine and Jean, both of whom are born on May 7, 1951 and are the adopted children of William Clarke. And then there is Margot, born July 4, 1954, who is the natural child of Richard Clarke. No guardian ad litem has been appointed for 4 any of these children. THE COURT: As to the adopted children, would we have a problem there concerning the time of their adoption? MR. McCREIGHT: No, Your Honor. I think not. They were adoptee--- ~ z THE COURT: MR. McCREIGHT: Prior to the death of the decedent? At least ten years ago;and in addition, they are ~ named in the will. ... )o II) ~THE COURT: Oh, they are named? II. i ~MR. McCREIGHT: Yes. 1!1 z ~.THE COURT: That would raise no problem then. ~ ti MR. McCREIGHT: No. ~ II) E THE COURT: Now this child, this grandchild that was recentlj ... o( 2 Q :I ., :t born, is Richard duly married and living? 5 MR. McCREIGHT: We do not know, Your Honor. As I have implied ui 0: Ill 1-0: 0 II. Ill 0: 1-0: :I 0 u ..1 o( u ii: IL 0 there has been estrangement in the family. The first marriage of Richard was terminated by divorce. Arrl I have discussed this matter by telephone with the attorney for his first wife and the attorney for the two named grandchildren in the will and he has stated to me his own doubt as to the validity of the present allegec marriage. THE COURT: Well, it would appear that we should have some testimony here for the Court, wouldn't it? MR. McCREIGHT: It would appear so, on behalf of the claimant. THE COURT: If he is unwilling to present testimony, then r- 0 5 we'd just have to take it in its course and say that he hasn't made out a factual case. MR. McCREIGHT: Yes. And there is, of course, the second questi< n which is the question of law. And while representing the executor and trustee, I suppose we are merely stakeholders. It seems to me a fairly clear question that the language employed in the will did not create a class gift, but that is for the Court. COURT: As I say, I wouldn't pass on that now, but the question of law is one that might surely be determined by this Court without any hearing in the matter. But certainly we must determhe first whether or not this child is a proper grandchild of this decedent. And might you perhaps communicate with counsel aga·n? McCREIGHT: I will be glad to do so. :r 6 THE COURT: And tell them that this Court here is anticipatin~ ui a: ~ some type of testimony; otherwise, we don't see how we can hold a: 0 II. ~ that this grandchild is a proper grandchUd of this decedent . ... a: :I 8 MR .. McCREIGHT: In the absence of proof of the question of fact, .I o( u ii: II. 0 the question of law would never arise. I will be glad to communic< te with him. It was my understanding that either he or local counse 1 would be present this morning and he did have not only notice of this audit, but he also had a copy of the Audit Petition. THE COURT: Do pu know of any local c ouns e 1 that is interest d ? MR. McCREIGHT: I do not. We have not been contacted at all. On the question of whether or not in the event the question arises, . ~ - I . • - 6 that a guardian ad litem should be appointed for the minor childre!J., if Your Honor feels that that is necessary and wishes to have any suggestions on the point, I will be glad to make them at a later ti1pe . THE EOURT: All right. We will determine that in due course. MR. McCREIGHT: One other point, Your Honor. The monument ha~ been contracted for, it being a rather unusual design to match ~ z < > the monument already existing on the husband's grave, the husbaJ d ..I >-01 z z of Ada Clarke, and all parties have agreed to the contract. That Ill Q. i 0 ... is to say the attorney for Richard Clarke and William Clarke actii g for " z :r 01 his own children. But since the monument has not yet been erecte ~~ < 3: .= u the Audit Petition asks that the sum of $950.00 be reawarded to ~ 1-Ul Ci pay for the monument when it is :erected and I will supply the Cour-t ..I < § Q with further information on the diamond ring. :I "' :1: /::.THE COURT: Is there anyone else in Court interested in this "' ui 0: Ill ... 0: 0 Q. Ill 0: ... 0: decedent's estate? ( NO RESPONSE ) 5 THE COURT: u The audit of this account will remain open for ..I < 0 ii: .... 0 the determination of the problems raised at this audit. ( AUDIT CONTINUED ) . ~ , .....- - ~ z ~ ..I >-Ul z z If 1 hereby certify that the proceedings and evidence are contained i 0 ~fully and accurately in the notes taken by me on the hearing of the above z i Ul ;caua e, and that thio copy is o correet trt.nseript of the same • .,: u iii .... Ul 0 ..I < ij 0 :I ., X ~ 01 ui 0: ~ 0: " ~ The fOi'cgoinJ record of the proceedings upon the bearing ol tt•e 0: .... ~v:l cause is hereby approved and directed to be filed. u ~ ij iL ... 0 1 .. ~ -"I ...... '. J-· . .., r "f (11 ,~ ~ -:::::= ~ (' \:1 (r, ;:::,;'.) .,-' ,. ..,... -l .:J .:> -. . r -•· .... "l ,-, 0 -~ ·-- ' ""'G ' r·-:r-... G"> C1 _.., c.r: ' / •. .. -.. AFFIDAVIT OF EXECUTOR STATE OF PENNSYLVANIA, ss.: COUNTY OF WASHINGTON Personally before me, the undersigned authority, a Notary Public in and for said County and State, appeared ARLIE W. OTT, TRUST OFFICER of MELLON NATIONAL BANK AND TRUST COMPANY, who, being duly sworn according to law, deposes and says that MELLON NATIONAL BANK AND TRUST COMPANY is the executor of the estate of ADA M. CLARKE, A/K/ A ADA MC COY CLARKE, deceased that the following schedules constitute a complete inventory and appraisement of the real and personal estate of ADA M. CLARKE, A/K/ A ADA MC COY CLARKE, deceased, except real estate outside the Commonwealth of Pennsylvania; that the figures opposite each item of real and personal estate in the following schedules are determined and stated by the undersigned to be the fair value of said items as of the date of the decedent's death, based upon a just appraisement of each item made by the above named Executor. Sworn and subscribed before me this Cetb AU~ day of ______________ , 1970 Notary Public Arlie W. Ott TRUST OFFICER of MELLON NATIONAL BANK AND TRUST COMPANY EXECUTOR ESTATE of ADAM. CLARKE, A/K/ A ADA MC COY CLARKE, DECEASED ) INVENTORY AND APPRAISEMENT of the goods and chattels, rights and credits which were of ADA M. CLARKE, A/K/A ADA MCCOY CLARKE, Deceased, late of 348 East Beau Street, Washington, Washington County, Pennsylvania, taken and made in conformity with the above affidavit. PERSONAL ESTATE SCHEDULE Mellon National Bank and Trust Company Washington Office Checking Account No. 216-9070 Balance 5/12/70 Mt•llon National Bank and Trust Company T I'Ustee undel' Insurance Trust of William N. Clarke dated July 17, 1926 as amended October 24, 1927 for Ada M. Clarke Payment in full of net income on hand and accrued as of 5/12/70 $ 6, 895. 23 1,905.42 ~··· .. ~ $20,000.00 L 32. Shares McCreight, Marriner & McCreight Trustee Account Balance 5/12/70 Washington Hospital .Extended Care Facility Cash held in Decedent's account Refund of Decedent's Part B Medicare coverage $311.12 Blue Cross of Western Pennsylvania Refund of unearned premium on Blue Cross and Blue Shield Coverage under Group No. 66000-00 Agreement No. 270 BC 9892 B The United States of America Treasury Bill 18. 24 Dated January 15, 1970 Due July 16, L 970 @98. 8625 Standard Oil Company (New Jersey) Capital Stock ($7. 00) @52. 3125 Dividend of $0. 90 per share payable 6/10/70 to stockholders of record 5/13/70, Ex-Dividend 5/7/70 Jewelry Total Personal Property Appraisement REAL ESTATE SCHEDULE REAL .ESTATE IN PENNSYLVANIA NotH' MEMORANDUM OF H..EAL ESTATE OUTSIDE THI;~ COMMONWEALTH OF PENNSYLVANIA Nont· - 2 - $ 681.55 329.36 5. l 0 19,772.50 6, 905.25 118. 80 300.00 $36,913.21 .• - e ·• . ' • INVENTORY AND APPRAISEMENT IN THE ESTATE OF ADAM. CLARKE, A/K/A ADA MC COY CLARKE. Deceased ll IJ G 2 8 1970 , 1 9 7 o Filed __ . _______ _ Attorney: James C. McCreight, Esquire Address: McCreight, Marriner & McCreight Washington Trust Building Washington, Pennsylvania .,,.. !' ! I"""' t"\ l.. I !"" l. t i l ' .. • • _, J ''11 nPR ! ~ PH 55 !~;]'' ( ,, I f ..• '"''i'"O ~ ,:) ~. L L " • t, /J-.., J , t r·t f1 E G l S T E H 0 r Vii L L S \'1/:,S Hi HGTO~J CO .• Pt\. u • MELLON NATIONAL BANK AND TRUST COMPANY Washington Office 40 South Main Street Washington, Pennsylvania 15301 Ross Az·mbruster, Esquire Attorney for Richard C. Clarke and Richard C. Clarke, U 206 State Street Alton, Illinois 62002 Dear Mr. Armbruster: January ll, 1971 I am pleased to advise that we have fil ur_,i'J stand Final Account. as Executor in the Office oft ·s~of ~ 'i~Ys of Washington County, Pennsylvania, to No. 6 -517. · dat b~f filing was January lS, 1.971. This account will be C'f ed for audit the hans1 Court Room at the Court House, Washinfdt n, Pennsylv · , so time during the week be• ginning Monday, Mar 1 15, 1971. Yo may wish to be present at that time. For benefit of both you r clients, we are enclosing herewith two Final Account. lf you have any questions regarding Very truly yours, /Jk_l!)4t- { T~Officer AWO:jbm Enclosures CC: James C. McCreight, Esquire j . ~· _____ .. ( ,. . ' .. ~ . ) -.J • --· r··, ...,., (.li ... ::-; c: ~ ,, l'.r, -o -· :::0 .. -. r • ~ (tf :.1 ~ ,.. .. -i 7' .c 9 ·-'~ \ ~ .. 0 .... _; -n ;, C) ~· . -·-~0. ""'.:.: . ..,._ ..,. t--· v r-.. _ ,.... \.-"> n. U"J . ~ 0') J 4 : . .. ... ' ' -~-..-·-:;..-.. _.. ' \ \ e f I!!M'ffii!W'ION~ BANK AND TRUST~ C~ OSbJutgbaLOfflce 40 South Ma1n Str\et 'Ce;imilgton, Pennsy1 vania 15301 · \ . William. N. Clarke; Esquire CadwalcLder, Wickersham & Taf~ One Wa:Ll Street New Yo:rk, New York 10005 Dear Mr. Clarke: Estate of Ada M. Clarke l am pl~'ased to advise that oui First filed January.-15, 1971., i · .e of \ January }.~, 1971 ,..,..,,...,.r>.ccount as Executor was County, Pennsylvania, o. 63· 17. egister of Wills of Washington is account will be called for House, Washington, Penna., 1971. audit in the Orphans' some tbne during the AWO:jbm. Enclosure ur account herewith. 1f you ha.ve Very truly yours, /hi; a)idf- u;.:officer . / . ' · ·• ·:··~ · I··· .r.:,.,·o? 0~ "·P·-..... . ..... i.o.J.N ...,. .;... I -. ' e ~1 'i 3:C .:; ~ ... · -.::~~:\~ , .. (") .. -. 0 :;: -· ;. r -vr:.; <):-(ft . ,. -. .--('.., .. -.J ;D" -o ~ \..0 '-•,'J ... -- (J'l en MELLON NATIONAL BANK AND TRUST COMPANY washington Office 40 South Main Street Washington, Pennsylvani~ l~J:l Mrs. Marguerite Clarke 2538 Oak Street Quincy, Illinois 6230 l Dear Mrs. Clarke: Estate of Ada M. Clarke ... I am plE~ased to advise that our First filed January 15, 1971, Cou11ty, Pennsylvania, audit in the Or .. :>hans • some time during th AWO:jbm Enclosure January Z l ,_ 1971 ccount as Executor was egister of Wills of Washington his account will be called for t House, Washington. Penna., t 1971. our account herewith. If you have Vex-y truly yours. //J~a)&;r-u;;:~fficer -' . IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF_ADA M. CLARKE, a/k/a ADA McCOY CLARKE, . deceased. ) ) ) ) ) NO. 63-70-517 ASSIGNMENT AND REQUEST FOR DISTRIBUTION TO THE HONORABLE P. V. MARINO, Presidi~g Judge of said Division: William N. Clarke and Richard C. Clarke, being the only surviving children of Ada M. Clarke, also known as Ada McCoy Clarke, late of South Strabane Township, Washington County, Pennsylvania, do hereby assign unto Margot Nease Clarke of 2538 Oak Street, Quincy, Illinois, daughter of the said Richard C. Clarke, all our right, title and interest under Paragraph SECOND of the Last Will and Testament of the said Ada M. Clarke in and to that certain diamond engagement ring which belonged to the abov - named decedent and haS been inventoried in her estate aS 11 jewelr II at a value of Three hundred ($300.00) Dollars; and We respectfully request your Honorable Court to award said jewelry unto~the said Margot Nease Clarke in kind at its inventory value in the Decree of Distribution in the above estate. In Witness Whereof, intending to be legally bound, we here- unto affix our hands and seals the day and year set opposite our signatures. ~' ¥ LCJ 1.11 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS that I, RICHARD c. CLARKE, do hereby appoint ROSS ARMBRUSTER, of 206 State Street Alton . ' ' Illinois, my attorney in fact, for me and in my name to do the following: 1. With respect to the Trust of WILLLAM N. CLARKE ' (my_ father),,. fc:>:t;_ADA M. _CLARKE -~nd oth;~rs dated .. J~ly 17, 1926, as amended-October 24,-1927, originally.fo the Union· Trust Company of Pitt~burgh, succeeded by Mellon National Bank and Trust Company, as Trustee, Trustee 1 s No. 300-103, now pending in the Court of Common Pleas of Allegheny County, Pennsylvania, Orphan's Court Division, No. 2182 of 1970 and the assets thereof; 2. The Estate of ADAM. C~ deceased, and the assets thereof, now pending in Washington County, Pennsylvania; for either and both of the above matters, for me and in my name to collect, receipt for, and sue for my distributive share, legacy, or claim of any kind, nature or description, which I may have against or may now or at any future time be entitled to from the Trust of WILLIAM N. CLARI€ and the estate of ADA M. CLARKE, deceased, and to take possession of any personal property disbursed in kind by the personal representative either of said Trust or of said estate; also to collect any policies of insurance, or death benefits in which I may be named as beneficiary, to take charge of. and .manage any .. reaL estate.....in_.which...L ma.y ha:ve __ a_n i_pteie_st, ~ collect rents, pay taxes, and to institute:and conduct any pro- ceedings for the partition or sale of any such real estate, and to institute, conduct or defend all suits at law or in equity which may concern the subject-matter of this instrument, to re- tain and discharge counsel, to execute refunding bonds, statutory b:mds, or bonds of any kind, nature or description, to enter my appe?rance and waive notice in the matter of any final acaounting, to indo~se checks and other papers of whatsoever kind, to com- promise claims, to execute releases and to execute all other suitable instuments in writing, to carry into effect the various powers herein granted, and to do and perform all other acts as fully as I might or could do in my own proper person. In No. 1 above the WILLIAM N. CLAru£ is my father, WIL~IAM N. ~SR., as distinguished from my brother, WILLIAM N. CLARKE, JR. -:! .~ ~ DATED this 31st day of-August, i9}o . . STATE OF ILLINOIS ) COUNTY OF MADISON ) s.s. I, Carol A. Kennedy, a Notary Public, in and for, and re- siding in said County, in the State aforesaid, DO HEREBY CERTIFY, that RICHARD c. CLARKE, personally known to me to be t~~:··.!?'~~~---P.er son whose name is subscribed to the foregoing instru~~ut;.;·;.4-P.P~a.t:.ed before me this day in person and acknowledged that ~r; ~~fg~ed ;·.;~~a-led and delivered the said instrument as his free and votHn_t.ary. -lct'r~o.r the uses and purposes therein set forth. ': 1 i: Given under my hand and Notarial seal this Jl~~ day of _Augu~t, ~,, . . .··-/,' _,r' /-:; • . -: ••••• ---. r;d;{l/ c(?<' :. &/ d • q<_/: NOTARY PUBLIG / 1970. My Comm. Exp. 5/7/72 • AMENDMENT TO POWER OF ATTORNEY The Power of Attorney executed by the undersigned, RICHARD C. CLARKE, to ROSS ARMBRUSTER, dated August 31, 1970, with respect to the Trust of WILLIAM N. C~and the estate of ADA M. C~<E, deceased, is hereby amended and amplified to include the representation of my said Attorney in Fact for my son, RICHARD C. CLARKE, II, as to the interest of my said son either in said WILLIAM N. CLARKE Trust or in the estate of ADA M. CLARKE, deceased. DATED this 31st day of August, 1970. ?~ C::. ~EAL) RICHARD C. CLARKE STATE OF ILLINOIS ) ) s.s. COUNTY OF MADISON ) I, Carol A. Kennedy, a Notary Public, in and for, and re- ei~ing in said County. in the State aforesaid, DO HEREBY CERTIFY, that RICHARD C. CLARKE, personally known to me to be the sam per- son whose name is subscribed to the foregoing instument, appeared before me this day in person and acknowledged thqt he signed, sealed and d•~livered the said instrument as his free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and Notarial seal this 31st day of August, 1970. My Commission Expires: May 7, 1972 --) \ .. ; ' I ~ . :,• ..... " •-"' . \ ··- . '. .. t. : '•I r. ·. . - . ' j _, -.. --: :;t.. .. J :::n n'l c.,~) ,... ·'-'J) c:·. :if: '; ~-. -. ~ (.' ,, 0 ---- I ".1·· -7::) >·{f) -- -..- ( . . ' _, ..... .• ' . .. --.J ::r'• -o ::::0 :..:::> -.. .... ~:.:.-r CJ1 ,- lu tift OJnurt nf arnmmnu Jllrn!i nf llnsqiugtnu arnuuty. Jruusylunuin. ®rpqnus. arnurt lliuisinu ESTATE OF No. 6 3-70-517 Ada M. Clarke, a/k/a Ada McCoy Clarke, deceased lnthemotterofthe First and final Account of Mellon National Bank and Trust Company, Executor ADJUDICATION AND DECREE And now April A , 19_11, this matter come on for hearing, audit and distribution at this session and testim ny taken; and thereupon, upon due consideration thereQf the llal_p.oce for distribution in the hands of the Accountant is determined to be $ jl J99oUt:! and the account is accordingly confirmed; and it is ordered, adjudged and decreed that the said balance be paid out by the Accountant in accordance with the schedule of distribution hereto attached and mode a port hereof, unless exceptions hereto be filed sec. reg. or an appeal be taken herefrom sec. leg. SCHEDULE OF DISTRIBUTION Balance per account ________________ _ Additional debit asked at audit Additional credit asked at audit BalanC"'e---------------------- Deduct Clerk's Costs & Receiptc:l-------------- Attorney __ ___.:.M.::c~C::..:!r:..:e~i::.cg::..::h.:.;t~M.:::a::.:r~r;..;:i::.:n.:.::e:.:r:.....;;&;::....::M.:.::c~C:..:r:..:e;;.;:i::.cg::..::h.:.;t::;._ __ _ Mellon National Bank and Trust Company, Executor, reaward for the purpose of pur- chasing and paying for a monument to be erected said monument being under contract to Nelson Memorial Company for $950.00. After the monu- ment is erected and the work is completed in a satisfactory manner, the Executor ~hall Pay for the same 'and shall take a receipt therea fore, The filing of such receipt shall oper- ate as a discharge for this item and no fur- ther formal accounting to the Court.shall be necessary, Russell Mari~o, Agent, transfer inheritance tax, Margot Nease _Clark, assignee~ of William N. Clarke, son and assignor of an undivided 1/2 interest; and Richard c. Clarke, son and assignor of an undivided 1/2 interest; to the aforesaid Margot Nease Clarke of a diamond ring representing tangible personal pro- perty bequeathed in paragraph Second of the Will end assigned per assignment filed (power of attorney is filed herewith), held in kind and distributed as such at the appraised value, 301.13 15J.49 Wt..oo 950,00 J.09t92 $ 31,552.51 $ 31,399.02 $ 31,355,02 $ 30,405,02 $ 30,095,10 $ 29,795.10 I ... r f ">I ,. ) '. 0 ~ r :::S • ' z .... p ~ !it' A -+ 0 :r c: (1) t:Y i :::. 3 t.i" 0 a 0 .... t:Y ... (1) .... .... 0 M ... a -+ :r a· (1) t = ~ .. §, s ·I ~ +"'\ r ' , ~~ fo1· • r ~~ ~ r ..... ( . 'J t {. r -·' • r -r· .,,, .i ,. ' . r ' . ,, ') ' . ~ ' t r ' f ., r f ,. ,. I . ) . • Mellon National Bank end Trust Company, Testa- mentary Trustee, in trust under Paragraph Third of the Will for the four named grand~ children together with Richard c. Clerke II, grandchild -The Court being of the Opinion that Paragraph Third of the Will with the accompanying sub-paragraphs thereof constitute a Class gift -including Principal Cash in the amount of $28,551o62 and Income Cash in the amount of $12~3o48, 29795.10 No balance : ) .. r ··'--c '· ' \ -· - ~ .. ~'-·' - ':"" ,.. ~; ... " ' . ' . (_ ..._"7- ; • • <. 4-. ~ \,..o .. ~ . I ..,- ·' . . I c. ' -. .... r-.. C' '- ' ......... ' .. r . .. ,... ~ ~ < J I' '" . ' No·---------------'--- ' ~-' '\ ; In the matter of the Account of of Estate of i\bjubiratinu nub ittttt ~2 y'll i\PR : q Pt1 55 R C S ~: ~ _ . F-. I .-: 0 ~ E G I s T c. I~ .) ;-':.1 i l L s \'.' /.1. S H I N ~:TN~ G 0 .• P A . - .... _ ;Vi{J/t '-~ • ~tit~:\~~ ~A;~ / i I 3 4 50* 2 0 0 0 0 3 3 0 0 0 0 1 8 5 6 8 ESTATE OF -, :~ atnurt nf atnmntnn Jlrns nf llns4ingtnn Jrnnsylnnnin, ®rp4nns' atnurt ltittisinn No. 63-7D-517 --, I v-",J atnunty. Ada u. Clarke, a/k/ a · i'n the matter ofthe First and Final Ada McCoy Clarke, Account of Mellon National Bank & Trust Coo cieceasedo Executor ADJUDICATION AND DECREE And now April / 9 19_ll_, this matter came on for hearing, audit and distribution at this session ~nd'testimony taken; 'and thereupon, up~n due con.siderotion thereof the balance for distribution in the hands of the Accountant IS determaned to be $ .311 )92·02 and the account is accordingly confirmed; and it is o~dered, adjudged and decreed that the said balance be paid out by the Accountant in ac.cordance w1th .the schedule of distribution hereto attached and made a part hereof, unless exceptions hereto be faled sec. reg. or on appeal be token herefrom sec. leg. •' ~ McCreight Marriner & McCreight ~~/ Ross Ambruster1Esq. 206 State Stroet,Alton,m. 62002 7- i SCHEDULE OF DISTRIBUTION I Balance per account ________________ _ J Additional debit asked at audit 301.73 Additional credit asked at audit Balance----------------,--------$ 31,399.02 Deduct Clerk's Costs & Receip"P.i-------------- Attomey• _ ____.M~c~C=!:!re~i~gh~t~Mar~r~.:.ine&U51:.r...J&a..J!M!I.l.ciWC""'"res;.,i~g~hu.!t:.-_____ _ 44.00 $31~35.5e02 I Mellon National Bank and Trust C09J>any~ Executor,p reaward for the purpose of purchasing and paying for a monument to be erected, said monument being under contract to;. Nelso~ ! '· -, .!·:.:::.. .... •::;;...:.,r-:\t"" Memorial Comapey for .$950.00. After the monument is erect~d and the work i@ completed in a satisfactor,r manner, the Executor shall pay for the Sa.1JI9 and shall take a .receipt tbereforao The filing of such receipt shali operate as a discharge for this item and nQ further formal accounting to the Court shall be necessary 1 Russell Ma: ino~ Agent, transfer inheritance taxD -Margot·~Nease:...elark:Q,p assignee of William N. Clarke~ son and assignor of an undJ:vj.ded 1/2 il;.terest; and Richard c. Clark~, son··and~s~~f 1of an undivided 1/2 interest; to the aforesaid Margot Nease'Clarke of a diamond ring representing tangible persolUil. property bequeathed in paragraph Second of the will and assigned per assignment filed(power of attorney is filed herewith), held in kind and di$tributed as such at the appraised valueD .. . --,- . , Mellon Na~ional Bank and Trust Company~ Test~~nt~ : _\.. Trustee, J.n trust under Paragraph Third of the will :00 J . , for the four named grandchildren together with Richard c ; \ Clarke II, grandchild -The Court being of the Opinion • ; that Paragraph Third of the will with the accompaqyin · su?-paragraphs thereof constitute a Class gift -incl~ding PrJ.ncipal Cash in the amount of $28~551.62 and Income , Cash in the amount of $1243o481 ·""' \ 950.00 $30,40.5o02 309.92 $30,095ol0 300.00 $29,79.5.10 29795el0 No balance l r ? t • 0 ~ ::I z """ -+ 9 i n :r' > 0 c (I) t:Y a 3 i I'D 0 ~ 0 ... ... .... .., 0 ~ """ ~ -+ :r' (I) ~ =" t ~ .. ~ ~ ~ %:i ~ ~ ·- r J ' • • b ";.r{ . --·-r •t ... ·· - e v~ lflJI ~17/ IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA. ORPHANS COURT DIVISION NO. 63-70-517 IN RE: ESTATE OF ADA M. CLARK, deceased, BRIEF OF GUARDIAN AD LITEM FRANK A. CONTE ATTORNEY AT LAW WASHINGTON TRUST SUILDING WASHINGTON, PENNSYLVANIA i l -- ------- / . /£:: 5-<-./0) \ I IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION IN RE: ESTATE OF ADA M. CLARK, deceased, No. 63~70-517 BRIEF OF GUARDIAN AD LITEM I HISTORY OF THE CASE AdaM. Clark died testate May 12, 1970, at Washington Pennsylvania and by paragraph third of her Will devised the residue of her estate as follows: Third: All the residue of my estate real and personal and wherever situate I give, devise and bequeath to Mellon National Bank and Trust Company, in trust nevertheless for the following uses and purposes: (A) • • • . (1) The principal shall be held in a single trust so long as any of my grandchildren, EVAN, MARGOT, CLAUDINE and JEAN, shall be under the age of 25 years;~·· Subsequent to the demise of the testatrix two children, Richard C. Clark II and Robert Hughes Clark, were born to Richard C. Clark, son of the testa~"' and claim was made that the above gift was a class gift which included the two minor children. The Court upon Petition of Mellon National Bank and Trust Company, trustee under the Will of AdaM. Clark, deceased, appointed David L. Gilmore, Esq~J Guardian Ad Litem for the minor children named in the Will. The Guardian Ad Litem petitJm .... ed this Honorable Court to strike the claim of Richard C. Clark II and Robert Hughes Clark alleging that the gift was a gift to the named individuals in the Will and not a class gift to grandchildren generally. The Court set the case for argument solely on the legal question of whether the gift in paragraph Third of the Will is a class gift or a gift to the individuals named therein. II ARGUMENT The issue confronting the Court is clear; When a gift is made to named individuals and in addition thereto the relationship to the deceased is also used to describe the takers, is it a class gift or a gift to the named individuals? The Supreme Court of Pennsylvania states the applicable law in Cryder v. Garrision, 387 Pa. 571; It is a general rule of construction that, where there is a testamentary bequest or devise to two or more persons, each of whom specifically named, a presumption arises that the gift or devise is to such persons as individuals and not as a class ... See also Sharpless ' s Est ate G?a. ? ~ill ings Estate (No. t l),€Pa. 67;ZHUNTERS PENNSYLVANIA ORPHANS COUR~ COMMON PLACE BOOK, Vol. IV s 15 (j). This, also, is apparently the general view; in the RESTATEMENT OF THE LAW, SECOND, PROPERT~ SECTION 280 at 462 the comment states: As between these conflicting stresses [the group or the individuals] the second, that is the stress on specific individuals prevails in the absence of further facts indicating a contrary intent of the conveyor ..• Although assuming that the gift is presumptively to the named individuals, it is, nevertheless, subject to the general rule that the entire construction of the Will is subordinate to the expressed intent of the testatrix. The Pennsylvania Supreme Court in Billings Estate, (supra) at 70 notes; Even though the beneficiaries are named the gift may still be one to a class if it otherwise appears from the Will that the testator so intented and the enumeration was merely for the purpose of fixing with certainty the members of the class ..• Presuming that the gift is to the named individuals we must look to the entire Will to determine if that presumption I I I I I must give way to an expressed intention that the gift was one to a class. A careful reading of the Willreveals that the term grandchildren is used only five times. The first use is in conjuction with the named individuals and in each of the other four times it is immediately preceded by the word SAID. In common useage the \vord said is to refer back to the first instance at which the object word (grandchildren) was used. In the instant case the first use of grandchildren is in conjuction with the named individuals. The obvious implication is that "said grandchildren" refers not to grandchildren in general, but to the specifically named grandchildren and the use of grand::-': I children was merely descriptive of the named individuals. The Court should also take note that the individual names are in capitals while grandchildren is not. In paragraph THIRD subsection A. (2) the Will provides: "As soon as none of said grandchildren is under the age of twenty-five 25 years, the principal in any accumulated income shall be divided into as many equal shares as there are of said grandchildren then living and said grandchildren then deceased with issue 1 ! then surviving." It is a cardinal rule of class gifts that it is the group whic~ benefits and other members of the class take where one member I fails to survive. Mrs. Clark's Will shows an obvious intent t~ benefit the individuals and his or her issue rather than grandchildren as a class. The majority of the Will deals with the nature and provisions of the trust and nothing therein in any way importslan I intention to make as not disturbing a class gift, therefore it must be construed' the presumption that the gifts were individu,l. In Pennsylvania the leading case supporting~the I claimant's contention is Cryder v. Garrision{supra). In.Crydelj" the testatrix devised her home residence to her"three neices I Edna Turnbach, Emma Turnbach and Gladys Turnbach, to them and their heirs forever", and by two codicils referred to her neices as the "Turnbach girls" and "the Turnbachs". Edna Turnbach predeceased the testatrix and the residuary legatees claimed the gift was to the named individuals thus lapsing as ~o Edna and falling into the residuary clause. The Court in hold+g that the gift was to the girls as a class based its decision UBon: (1} The two codicils referring to the girls as a group and (2} The obvious intent of the testatrix that the Turnbach girls not the residuary legatees should have her home residence. crucial fact is that the Court was preventing a lapse of the gift from going to the residuary legatees. The same rationale is present in both the Shar2less Estate (supra} and Billings Estate (No. 1) (supra). In both cases if the Court held the I gifts to be individcial there would have been a lapse of a port~on of the gift into either the residuary clause or a partial intestacy. The cases, as pointed out by Chief Justice Bell's 1 ' dissent in Cryder , turn upon the attempt of the Court to prev~nt I a partial lapse of the gifts. It should also be pointed out that although holding there were class gifts in the above cases, the ultimate class was limited to the named individuals! and not to a larger class such as neices or grandchild~n. _ __...., =--~ --? _.. c;-;:= Applying this rationale to the instant case it becomes I clear that there is no prescedent for holding that the gift in question is a class gift. We are nott_t'confronted with a lapse situation and·:this writer could find no cases supporting the claimant's position except those cases already noted. It is the Guardian Ad Litem's Argument that the presumption is in favor of individual gifts and that the limitkd I i I I have been based substantially upon the facts of the particular case .. None of those facts are present in the instant case and the questioned provision of the Will should be construed as a gift to the named individuals therein. Respectfully submitted, David L. Gilmore, Esq. I I MC::CREIGHT,MARRINER ~ MC::CREIGHT ATTORNEYS AT LAW JOHN B. M~CREIGHT STEPHEN 0. MARRINER .JAMES C. Mc;CREIGHT 520 WASHINGTON TRUST BUILDING WASHINGTON, PENNSYLVANIA 15301 AREA CODE 412 PHONE 225-6600 April 13, 1971 Honorable P. V. Marino County Court House Washington, Pennsylvania 15301 In Re: Estate of Ada M. Clarke, Deceased. No. 63 -70 -517 Dear Judge Marino: Supplementing the papers handed up at Audit, I submit herewith an Assignment and Request for Distribution signed by William N. Clarke, one of the two children of Ada M. Clarke, deceased, and by Richard c. Clarke, the other child, by Ross Armbruster, his attorney-in-fact, assigning the diamond ring in the inventory of the Clarke Estate to Margot Nease Clarke, the daughter of Richard c. Clarke, and requesting your Honorable Court to award the ring to Margot Nease Clarke in kind at its inventory value in the Decree of Distribut·ion. Powers of Attorney appointing Ross Armbruster are attached. I also enclose a xerox copy of a letter of April 9, 1971, received from Attorney Ross Armbruster concerning the claim filed by him on behalf of Richard c. Clarke II., together with a copy of my reply. JOMcC:bjc -Enclosures Respectfully yours, McCREIGHT, MARRINER & McCREIGHT J ' ' . .. -.-·.,.,.. . ~· ~-' -· ... . ~ .. '!'•, ·, r-- t~·;··i r·- (I PETITION SUR AUDIT e Testate For~ IN THE ORPHANS' COURT OF WASHINGTON COUNTY Estate of _____ :k\P.~-~M_.~--~-~~-~~:g;_, __ _;~~j~_/_~------------------·--No. _____ ---~-~-::!.-~-":'-?._~_? _____________________ _-_-~--,: .. ~.:,.,: "'" ADA-McCOY -C-LARKE Fiduciary .... ¥.~_U.9.g __ N~~!R.l19:~--~~M __ g._ml ________ _ ,_ -----~-~-':1:~~-~5?-~P.?:~Y.! .. ~?f~~~-~~}' ___ ' ______ ~-------------· · · -' · --.,---Deceased . > - Date of . r-r · ---.~~ Date of Decedent's ,...deatl•c: _. __ : ____ ::.~~¥;}_?:!::}_~~:!. :: .. -~--__ .:. ----=-_ :::-:.--=-_Grant of Letters __________ ¥_<:t_Y. J9._,_ _)_9_7_Q ----------------------------- Th . . h --'Firs"F and Final - --~' f'l d -h' t t 1s 1s t e---------------.-'-·r-r·:~---~------,--···---r".--------~--~,._. ... -------..--.---_accq_ynt -~ e m t 1s es a e If there'"'-h'av~-be~n forme~ acc;;ounts filed in this estate, list file number or number and terfn _________ NQ.!l~------------------ T • -•. --• Election to take Under or Against will. (cross out one) Not Applicable Date Election Filed Place of; .. _________ .. __ . _ .. ___ . ______ .. _.. Record . __ ... ----•----.... _ .... -.. -.--- Name of_ surviving .spouse ....... N.9.t.-A:e:e.~~-~9:P~~----------'-------.------------------'·'·"·-·----'-_-; ___ ; _ _-__ : _______________________________________________ _ T 'List i_ss-ue,~wher~ rn~~teri9!: I~ ---. . •. , Richard Clarke __ Yl illi~m_N ·• ~Clar-ke ·see Legatees ,.... ~ r··~-----.--. . . , -. . . -·_ -_ . . ~ .pid .. de.cedent.morry_ofter e~ecutiq.n_pJ will? Ortdicgt_e) ~.No. Any child~en born after execution of will? (indicate) -~-Nb_: _If -~nswer yes·<· name them __ · _____ :: __________ ~-----~----------------------------: ________ : ________________________________________________________________ __ • • . • T -. : Leg.atees Richard Clarke William N. Clarke Mellon National Bank & Trust Co. Trustee for: Evan Clarke Relationship Son) Son) None Marg0t Clarke ._., --~ ----. ·r--. · r Claudine-E:-Clarke 1 now Vernier r- J ean.:.:Ma:-r1e Clarke ,--' . List, if exceptions to above: Adeemed: Revoked: None f ---.- If partial intestacy, give facts: None Interest T --Fiduciary, ·if deceased o:r' riot sur juris -. T -~-~-- Tangible personalty (jewelry) Residuary Estate Lapsed: Abated: Give Couse: Notice to interested parties. Hove all parties, having either vested or contingent interests and all crediors entitled to notice (Court Rule No. 9 paragraph C: Section 6: Subdivision c) received written notice of the filing of the account and of call of audit? Yes. ~- If any exception give cause:---------------------------------------------- ( . T-) File copy of Notice January 21 1971 and date of ma iIi ng .. ---............. ---......... : ... ---.... --.......... --·-. ---......... ---.. -·.-.... ---..... ---............ __ .... __ ._ ................ ___ ........ __ ... _. __ ... Is estate subject to the filing of a Federal Estate Tax Return? •........... ~~ ............. ·:· ....................................................... . '2_ :-··. -" ) ' I ·0::\.~~· ~t. Actual payment made on Pennsylvania Transfer Inheritance ··:Tax. Amount $1.,.42.5 .. (.$1~.5.QO .. Le.fU2 .. dis.~o.unt} .. I; If the Will makes any portion of estate subject to a life-estate, give name and birth date of life tenant ..................... . ........................................................................................................................................................................................................................................................................................................................................................................ Give Names and addresses of all unpaid creditors who are legally entitled to notice, together with the amounts of such claims; state whether they are admitted to be correct; and whether the claim is denied. r . ""'' ... --:; None, but see proposed idistribution as to Memorial contract ..,. .I ...... 'T,....., Give reference to such parts of the will as require interpretation by the Court; a reference to all questions re- quiring adjudication, and a statement of any other facts deemed necessary for the preparation of the adjudication: Petition filed December 2, 1970 (Claim Docket 1, Page 34) alleges that Richard C. <:narke,-n;--;born-·June 23, 1970, is a grandson of testatrix and that Paragraph THIRD orthe Will is -a c1ass gfft in~wliich he is included as a beneficiary. These questions are -referred to Court for hearing and adjudication. -, -' ·r- -•) -') Balance for distribution per account, Itemize any additional debits not shown by account: Income-Personalty: CIT Financial Corp. Int. 2/1/70 to 2/16/71 General Elec. Credit Corp. Int. 12/1/70 to 2/8/71 GMAC Interest earned 12/1/70 to 2/10/71 Total additional debits (Add) Itemize any additionol credits not shown by account: PRINCIPAL~Per sonalty:~ 1 I l3 /71 .. _Washington. Hospital -Bal. due $ 8. 00 1/18/71 -Reg. of Wills -Filing Account In,come-Personalty: Acclts corn,p. 1/ 12t71 -1971 Co. of Wash PJ:F tax Total additional credits (Subtract) · · -· .. · ' ' t' Balance for distribution 24.00 $ 15.09 106.40 ,- . ( ' ---~ ----) Principal-Pe rs. $30, 18 7. 54 Income-Pers. 1, 063.24 $ 2:2.86 62.89 215.98 $ .. ~.9.~.~.?.~ ..................... . $ 32.00 121.49153.49 $ ........... J.L.~ .. ?.o .... 1.e .... . $ ......... . ....................... 1 399.02 $ 3 ' ................ . ..................................... If balance for distribution is not in cosh, list each item held in kind, giving appraised Value (or distribution Value); P rinci pal-Personalty: Jewelry Temporary Investments (To be treated as cash) CIT F-inancial Corp. -Demand Notes General Electric Credit Corp. -Demand Notes GMA(; -Demand Notes Principal Cash on hand Income-Personalty: Cash .on hand~ ' ot: ,_ .... e .$ e 300.00 2,000.00 6,000.00, 20,000.00 1,855.54 $30,155.54 1,243.48 $31,399.02 If Family Exemption claimed by Petition, give place of Record: .......... ~~~-~p_:p_~~~~)?._~~------~---·································· If Family Exemption is claimed at audit, give name, relationship and basis for Claim:.~---··········································· List any advancement or distribution on account that has been made, and nature and amount of same: None Suggested distribution of balance shown, both as to principal and income, attaching signed and itemized elections to take in kind if balance is not in cosh: residuary shares being stated in proportions: Accountant suggests award of jewelry to sons jointly. Accountant requests the sum of $950 be rea warded to accountant to be paid to Nelson Memorial Company upon completion of contract for monument. Accountant further requests the remaining entire balances, both Principal and Income, be awarded to Mellon National Bank and Trust Company, Trustee under Will of Ada M. Clarke. COUNTY OF WASHINGTON, SS: COMMONWEALTH OF PENNSYLVANIA The above named Fiduciary or representative thereof, being duly ........ ~~~~-:J} .................. doth depose and say that the facts set forth in the foregoing petition are true And your petitioner will ever pray, etc. to the best oL ........ ~~-~----·············knowledge and belief. Mellon National Bank and Trust Company, S Executor Estate of AdaM. Clarke, a/k/a --------~C?.?:?: ............................... to and subscribed before Ada McCo Clarke Deceased me th;s V'~.d~y oL--:-~~~}1 _______________ 19_!_1 ___ ' -~y;_ -~-aJ,rfk=___ _ ______ ------ Signature of Officer.~--~~~:U.. .. £ffi..~ Trust Officer T·. 1 f Off" _ . Notary Publ.ic . /7······-··-·······-·-··············-········-···········-····-··-········-··········-·-··· 't e 0 1Ce;t~~~~··-t;-;_,·····1f·········•--·····":t::;,·u "~ - (' ~~~ OH;ce exp; res--r-----'--~----------,--/.-1 ---------------------_________________________________________ -----------_______________ ------------ ~ ~ f t i ~~ i f~ ~ t ~ ._ - - No. _________ 6_3_-:-_70.-:-.5.17 _____________________________ _ Estate of _______ ADA . .M... .. CLARKE., .. af_k)_a. '' ADA M~COY :cLARKE --------------------~ -------y ----------------:;---·:----r>~~~~-;;~d:--· . ) ~ -; I , ~ - ) ) Fiduciary-------~~~~-?_?. __ ~-~-!~~~~-~--~-~~~-~?.:~ J ) ') ) .I ) ) . ~ Trust Company, E,x~ctitor ---------------------,------:;,;:---_l--------·r---~-------------------.----· ' I j PETITibN' SUR. AUD}T FROM WHERE DECEDENT ,LEFT A WILL '' ) Counsel of Fi:duciary 'will Sl,lbmit .herewith the following, in conformity; w~th Court Rules adopted eff~ttive . Decembkr ), , 1951, being rule No. 9: ~parag~aph b-e~ qnd divisions thereof: shown on pages 23-24. · . ) 1. Written prae~ipJs of all ,Counsel in the case. ; ., 2. Copy of; orde 1 r ~ppointin~ Guardian ad litem, if ·pertinent. ; 3. Copy of Order ·appointing Trustee ad litem, if pertinent. ' ) 4. Proof of1service of above: • J ' • 5. Letters Testar1ne':ltary 'or Administration C. T. A. or an attest c,opy of Will. . I ) I 6. Copy of inventory and>appraisement. ) 7. Proof of advertisrment~of•grant of letters if not filed with account. 1 ) , 8. Certificate of. I iens in~ case any of the funds for disfrib'ution 'are from judicial sale of real estate. .; 9. Signed and [temized ; elections if any distribution in kind. 10. Copy of Federal :Estate Tax return if es- tate is subject thereto.' ~~-~-:-~~-~~~-~---~~-:-~~-1?:~!-: .. ~--~~-~-:-~~-~~~--- Attorney ""~2 "- '':-"If r::'[) f , /.. . .t_ •• f '71 APR !9 Pf1 I 55 R U S 0 r 1 '~ i~ l. n I N 0 rtEGJSTER OF WILLS W/';SHINGTON CO., PA. i I ) I -· ""!"'} "'\ ) . ) ) !) r ' r, ~·, ·/ ....::: ' ' "'--'. ---' -----;;-:.. /,t-. '~-· <·/') ).' _(_. o( ~ ·-l.,1 \ ... <.';-. ) ",· 'J%./-:. d . "' l. I f I f ' f I J, ;~ \ ~ ------=:~----~---""""'·-~-·---·-·-~~~-"""'-""~~ ---------,-'\-~ ·---· -~=-=---= ~---~ ~ ...... ' In the Court of Common Pleas of Washington County, Pennsylvania Orphans 1 Court Division No. 517 of 1970 In Re: Estate of ADA M. CLARKE, a/k/a ADA McCOY CLARKE, -Deceased. ORDER RECALLING ADJUDICATION AND DECREE ; l{l \ (Marino, J.) ) r&' i.~L~/ :+ -·- e . ·' ~ ORPHANS' COURT DIVISION (COURT OF COMMON PLEAS) /' WASHINGTON, PA. 3 rl 1-1 ~2 I IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNA. ORPHANS' COURT DNISION In Re: Estate of ADA M. CLARKE,, ajkja ADA McCOY CLARKE, Deceased. ( ) ( ) ( ) ( } ( No. 517 of 1970 ORDER RECALLING ADJUDICATION AND DECREE AND NOW, April 20, 1971, the Adjudication and Decree of this Court dated April 19, 1971, made and rendered by this Court in the above entitled estate, is hereby recalled by the Court and made and rendered of no effect whatsoever; it appearing to the Court that a hearing to determine certain matters of fact will be necessary in this estate, it is therefore proper to recall the Adjudication and Decree as rendered by the Court so that the matters determined at said hearing may be taken into consideration by the Court in rendering its final Decree. ,; - e "'' '·• IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 63-70-517 * * * * * * * * * * * * * * * * * IN RE: ESTATE OF ADA M. CLARKE, DECEASED * * * * * * * * * * * * * * * * * ~ PETITTGN FOR APPOINTl'1ENT OF · ·atl:A.RDIAN AD LITEM ~Y* * ~ * * * * * * * * * * * * * * l ~ . ..:.)!~ J( fg ·" ~ . .)., ~ \..; ~~ WASHINGTON, PA. /1 ~ ~-6/\._-5 -----------~------------------------,, r;:;r----------------------------------------------------------~~----·- McCREIGHT, MARRINER & McCREIGHT e ATTORNEYS AT LAW WASHINGTON TRUST BUILDING WASHING,rON, PA .• e j ';." ... IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ) ) ESTATE OF ADA M. CLARKE, ) DECEASED ) NO. 63-70-517 PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM TO THE HONORABLE, P. V. MARINO, Presiding Judge of said Division: The Petition of Mellon National Bank and Trust Compan , Executor of the Estate of Ada M. Clarke, Deceased, respectfully represents: 1. That the First and Final Account of your Petition er as Executor of the Last Will and Testament of AdaM. Clarke, Deceased, is before your Honorable Court for audit. 2. That by Paragraph THIRD of the Will of said Decedent, she gave the residue of her Estate to Mellon National Bank and Trust Company as Trustee to hold as a single trust "so long as any of my grandchildren, EVAN, MARGOT, CLAUDINE and JEAN, shall be under the age of twenty-five (25) years,TI with discre- tionary power in the Trustee to use income and principal for the welfare, support and education of Tlsuch of said grandchildren as shall .need financial assistancell, Then, "as soon as none of said grandchildren is under the age of twenty-five (25) years," the Trustee was directed to divide the principal and accumulated in- come into as many equal shares as there are of "said grandchildre. then living and said grandchildren then deceased with issue then living," and to make distribution. 3. That all of the said grandchildren are minors, their dates of birth being as follows: RICHARD EVAN CLARKE MARGOT NEASE CLARKE CLAUDINE E. CLARKE, now VERN[ER JEAN MARIE CLARKE October 3, 1950 July 4, 1954 May 7, 1951 May 7, 1951 ' . • 4. That no Guardian has been appointed for the Estate of any of the above-named minors (the appointment of your petitioner in Paragraph FIFTH of the Will beingapplicable only ta trust-free distribution) and there are no living persons sui juri having an interest in this Estate similar to the interests of the above-named minors. 5. That, as will appear by reference to the Petiti n Sur Audit, a Petition filed September 2, 1970 in Claim Docket 1, Page 34, alleges that RICHARD C. CLARKE II, born June 23, 1970, is a grandson of said Testatrix and that Paragraph THIRD of the Will is a class gift in which he is included as a beneficiary. These questions were referred to the Court for hearing and adjud- ication. 6. That the said RICHARD C. CLARKE II is represent ed on the record by Ross Armbruster, Esquire, of Alton, Illinois, acting under filed Power of Attorney signed by RICHARD C. CLARKE, as father of RICHARD C. CLARKE II. 7. That no hearing has yet been held on the claim filed on behalf of the said RICHARD C. CLARKE II. 8. That your Petitioner believes that a Guardian Ad Litem should be appointed under the provision of Section 704 of the Fiduciary Act to represent the interests of RICHARD EVAN CLARKE, MARGOT NEASE CLARKE, CLAUDINE E. VERNlliR and JEAN MARIE CLARKE, the grandchildren named in Paragraph THIRD of the Will of the above-named Decedent. WHEREFORE, your Petitioner prays your Honorable Court to appoint a Guardian Ad Litem for RICHARD EVAN CLARKE, MARGOT NEASE CLARKE, CLAUDINE E. V~lliR and JEAN MARIE CLARKE to represent their interests in connection with the claim which has been filed on behalf of RICHARD C. CLARKE II. AND TRUST COMPANY ·' ... • COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF WASHINGTON ) • Before me, the undersigned authority, personally appeared ARLIE W. OTT, who, being duly sworn according to law, deposes and says that he is the Trust Officer of Mellon National Bank and Trust Company, Executor of the Will of ADAM. CLARKE, Deceased, that he makes this Affidavit in its behalf, being duly authorized to do so, and that the facts set forth in the foregoing· Petition are true and correct, upon his information and belief. Sworn to and subscribed before me this ;? ~ay of Zt·~ _, 1971. ~hJLR.L~ Notary Public Arlfb7W. Ott, Trust Officer Washington, Washington County, Pennsylvania My Commission1 !iilfRfllfl!tiit' ~~£ L<ZZ/t' BARBARA CRAIG • TY / ' . WASHINGTON. WASHINGTON COUN 97 tAY COMMISSION EXPIRES _;u.NE 25, 1 Member, PennsylvaniaAssoc•atlon of Ro\trlfll :0 l ... -,,. . ,, .. '• IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ) ) ESTATE OF ADA M. CLARKE, ) DECEASED ) 0 R D E R NO. 63-70-517 . . ~ . Mellon AND NOW, ~ l_ , 1971, the Petition of National Bank and Tr t Company for the Appointment of Guardian Ad Litem for the grandchildren named in Paragraph THIRD of the Last Will and Testament of ADA M. CLARKE, Deceased, having been presented to the Court, .on consideration thereof and on motion of James C .. McCreight, Esquire, Attorney for Petitioner, th~er thereof is ~ranted; and --~~~~~~~---~~~· ~~~~~~=---~-=~'~_/~-----' Esquire, be and hereby it is. ORDERED that is appointed Guardian Ad Litem for RICHARD EVAN CLARKE, MARGOT NEASE CLARKE, CLAUDINE E. CLARKE VEBNlliR and JEAN MARIE CLARKE, minors, in the audit of the Estate ... .. , 8 ~· ) \! -i J1 ~ . l ~ 1 ~ ... :.: 1:-J} ~ (· ~ cc ,) -"· ~I ffi ~ - . t t:j :;;; ~ u.. '0 ~ z ~ 0.. ~ -~ i-::t: u 1 -< . (/) -en ... i ~ ~ V) ~ ~ u.. ,o:: ~ .. o l2 . ?tt fi ~ ~~< 0 1~0 -.... ' :X: 0.. l't) .... - V> i rrl :E UJ 0:: .... :X: 0 ..... z 3: \!:!-·"" (g ,f.) .0 z w UJ u .... 0 -0.. z > w < ffi ~ II) < ··--------~· --~·~·--··--·~·--· ---~~,~---- IN THE COURT OF COMMON ~LEAS OF WASRLNGTON COUNT~, FENNA. ORPHANS COURT DIVISION No. 63-70-517 RE: ESTATE OF ADA M. CLARKE, dec'd, PETITION TO STRIKE CLAIM ~ FRANK A. CONTE ATTORNEY AT LAW WASHINGTON TRUST BUILDING WASHINGTON, PENNSYLVANIA tJ~-;-; " r.~.JJ/e l! -v? .r/ i J :,1 'I ~ 1 l -... IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION RE; ESTATE OF ADA M. CLARKE, dec'd, No. 63-70-517 PETITION TO STRIKE CLAIM TO THE HONORABLE P.V. MARINO, PRESIDENT JUDGE: The petition of David L. Gilmore, Esquire, Guardian Ad Litem for Richard Evan Clarke, Margot Nease Clarke, Claudine E. Clarke Veriner and Jean Marie Clarke, respectfully represents: 1. That the first and final account of Mellon National Bank and Trust Company, Executor of the Last Will and Testament of Ada M. Clarke, deceased, is before your Honorable Court for Audit. 2. That by paragraph third of Will of said decedent she gave the residue of her estate to Mellon National Bank and Trust Company as -Trustee to hold as a single trust "so long as any of my grandchildren Evan, Margot, Claudine and Jean shall be under the age of 25 years, "with discretionary power in the trustee to use the income and principal for the welfare, support and education of "such said grandchildren as shall neerl: finanical assistance". Then, "as soon as none of said grandchildren is under the age of 25 years," the trustee was directed to divide the principal and accumulated income into as many equal shares as there are of "said grandchildren then living and said grandchildren then deceased with issue then living," and to make distribution. 3. That as will appear by reference to the Petition Sur Audit, a petition file September 2, 1970, claim docket 1, page 34, alleges that Richard c. Clarke II, born June 23, 1970, I is a grandson of said Ada M. Clarke, deceased, and that paragraph 1 I I third of the Will is a class gift in which he is included as a I ! . Beneficiary. These questions were referred to the court for hearing and adjudication. . ~. 4. That all of said grandchildren are minors and that pursuant to Petition of Mellon National Bank and Trust Company, Executor of the Estate of AdaM. Clarke, deceased, your petitioner by order of court dated August 9, 1971, was appointed Guardian Ad Litem for the grandchildren named in paragraph third of the Last Will and Testament of AdaM. Clarke, deceased, as above named. 5. That asc5uming the existence and legitimacy of an heir of Ada M. Clarke, who would fit the description of grandchildren, your petitioner avers that there is no basis for the cliamant's claim. 6. That your petitioner believes the gift in paragraph third of the Will of Ada M. Clarke, deceased, is a gift to the named individuals therein and not a class gift to the grandchildre' of Ada M. Clarke, deceased. 7. That being a gift to the individuals named therein the claim of Richard C. Clarke II is without basis. WHEREFORE, your petitioner prays your Honorable Court to strike the claim of Richard c. Clarke II and to proceed with the Audit of Mellon National Bank and Trust Company, Executor of the Last Will and Testament of Ada M. Clarke, deceased, and your I petitioner will ever pray, etc. Gilmore; Guardian Ad Litem, for Richard Evan Clarke, Margot Nease Clarke Claudine E. Clarke Veriner an~ Jean Marie Clarke " "" , IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY COMMONWEALTH OF PENNSYLVANIA ORPHANS' COURT DIVISION •' IN THE MATTER OF THE ESTATE OF ) ) ) No. 63-70-517 ADA M. CLARKE, DECEASED PETITION RE ROBERT HUGHES CLARKE Now comes ROBERT HUGHES CLARKE, a minor, by his father, Richard C. Clarke and his mother, Betty J. Clarke, his next friends, by Ross Armbruster, attorney, and says: 1. ROBERT HUGHES CLARKE was born June 28, 1971, a natural child of Richard·C. Clark and Betty J, Clarke, and is a natural grandchild of Ada M. Clarke, whose estate above is in the process of probate in this Court. 2. ROBERT HUGHES CLARKE, as a grandchild of Ada M. Clarke, is entitled to an equal share as beneficiary with the other grandchildren, Richard C. Clarke II, Evan, Margot, Claudine and Jean, under Clause THIRD .. of the Will of AdaM. Clarke, dated March 14, 1968, and under all sub-Clauses of Clause THIRD, and under all applicable provisions of said Will of Ada M. Clarke. 3. There are six (6) grandchildren of Ada M. Clarke, namely, this Petitioner, Robert Hughes Clarke, Richard C. Clarke II, Evan, Margot, Claudine and Jean Clarke, all of which are considered as a Class and are a Class, so that a Class Gift was provided by the Will of AdaM. Clarke, resulting in equal shares of one-fifth (1/5) each to each of said six grandchildren. 4. Attached hereto is the Affidavit of Richard C. Clarke and Betty J. Clarke, setting forth the pertinent facts in this regard, which said Affidavit is marked "Petitioner's Exhibit 1" made a part hereof. WHEREFORE, Petitioner prays that this Court declare ROBERT HUGHES CLARKE to be equally entitled to share under the .Will of Ada M. Clarke in j ' ' .. ' 0 all its provisions and that ROBERT HUGHES CLARKE be declared entitled to a one-fifth (1/5) interest, being an equal share, with the other five grandchildren, Richard C. Clarke II, Evan, Margot, Claudine and Jean Clarke and that distribution of the residue of the estate of Ada M. Clarke be so made. fle411~~ ROBERT HUGHES CLARKE, Petitioner By: ~c.~ RICHARD C. CLARKE, Father and Next Friend Attorney for Petitioner 206 State Street Alton, Illinois 62002 Phone: 618-465-8866 -2- ' .-.~. ( •• '., I • .. . ' STATE OF ILLINOIS ) ) ss. COUNTY OF MADISON ) RICHARD c. CLARKE and BETTY J. CLARKE, being first duly sworn, upon their respective oaths depose and say that they were married in Alton, Illinois on March 8, 1968, and since said date, have been and are husband and wife. Affiants further state that to the union of this mar- riage, there has been born two children, namely, RICHARD c. CLARKE II, born June 23, 1970, and ROBERT HUGHES CLARKE, born June 28, 1971. Affiants further state that the affiant, RICHARD c. CLARKE, is a son and child of ADA M. CLARKE, and that ROBERT HUGHES CLARKE, the child of RICHARD C. CLARKE and BETTY J. CLARKE, is a grandchild of ADA M. CLARKE, with her other grand- children, RICHARD C. CLARKE II, EVAN CLARKE, MARGOT CLARKE, CLAUDINE CLARKE and JEAN CLARKE. Affiants further state that the said ADA M. CLARKE died in Washington County, Commonwealth of Pennsylvania, on May 12, 1970, the said ADA M. CLARKE having been a resident of the Borough of East Washington, County of Washington, Commonwealth of Pennsylvania, and this Affidavit is made for the purpose, among others, of establishing the rights of ROBERT HUGHES CLARKE as a beneficiary under the Will of ADA M. CLARKE, deceased, said ROBERT HUGHES CLARKE being in the class of grandchildren mentioned in said Will. "Petitioner's Exhibit 1" . I ,_~c .... 1111 • ,. • ,.,.. .• .. Subscribed and sworn to before me by RICHARD c. CLARKE and BETTY J. CLARKE this of..?n:/ day of '-1&-t;;zd!Yr I 1971. My Commission Expires: . . ' . . r' ' ) . . \ \ ' ' ' \ ~ t • •. ' • ~ ,..., • ' .,.... I •. ~. -; ~ ..... ·-· :r · r-. :~4. -j :...; ~--0 . :z:C' -;-~ ·-h. r-. ... 0 ::.:: :::: ,::;: -a r-~.,._, -~ 0 -V<~ ., . ;..-.. 'I ~~ ~ -" j ( .... ·"I '¢! ._:, i ! ..,-.. ,,. .. ........ ; ·~ c.:::> ->=" -..; ·r ~ ~ \ ~ ~ \ • ~ ~ ==-~~-~--~~------~-~--------··---~------------~-~---~------~-~----~----~~~~--~---~~-~~--~~--~--~-~-~~- ' ; ,. e : - ....... In the Court of Common Pleas of Washington County, Pennsylvania Orphans 1 Court Division No. 517 of 1970 In Re: s Estate of ADAM. CLARKE, tr''i Deceased. OPINION ~ "'u r ~ r J. {Marino, J.) J ·-, (._ -r. ORPHANS' COURT DIVISION (COURT OF COMMON PLEAS) WASHINGTON, PA. O<-ek \/ .. ~1-~ll-\" <~2 ------------~-~------~--- j • I~ ·. IN THE COURT OF COMMON PLEAS OF WASHIDJGTON COUNTY 1 PENNA. ORPHANS' COURT DNISION INRE: Estate of No. 517 of 1970 ADAM. CLARKE, ( ) ( ) ( ) ( Deceased. OPINION Marino, J., February23, 1972. AdaM. Clarke died testate May 12, 1970. Her will is dated March 14, 1968. She devised her residuary estate as follows: "THJRD: All the residue of my estate, real and personal, and wherever situate, I give, devise and bequeath to MELLON NATIONAL BANK AND TRUST COMPANY~ IN TRUST 1 NEVERTHELESS, for the following uses and purposes: tr(A) .The Trustee shall hold, manage, invest. 11 (1) The principal shall be held in a single trust so long as any of my grandchildren, EVAN, MARGOT 1 CLAUDINE and JEAN, shall be under the age of twenty-five (25) years; • • • . 11 At the time testatrix made her will, she had four grandchildren, all of whom were included, and named, as equal beneficiaries of the trust estate. But subsequently {and after the death of testatrix) there were born two additional grandchildren, who claim to share in this trust. The issue before the Court is a narrow one: is this a class gift or one to the named individuals only? The problem is stated thusly, in 57 American Jurisprudence, . Sec. 1259: ..• rrThe decisive inquiry is whether or not the testator, in making the particular gift in question, did so with 'group- mindedness 1, whether, in other words, he was looking to the body of persons in question as a whole, or unit, rather than to the individual members of the group as individuals; if the former, they take as a class." The contention is often advanced that where the legatees are named as individuals and also described as a class, the gift is not a class gift. This situation is also treated in American Jurisprudence, Vol. 57, Sec. 1263: "Where legatees are named as individuals and also described as a class, and there is nothing more to show the testator's intention, the construction usually is that the gift by name constitutes a gift to individuals, to which the class description is added by way of identification. Accordingly, a gift to named individuals is not affected by joining with the enumeration a general expression such as 'brothers and sisters,' 'grandchildren, 1 'children of my deceased daughter,' 'my said nephews,' 'lawful heirs, 1 etc. But the fact that the members of the class are also mentioned by name is not conclusive, and, in general, the enumeration of beneficiaries is disregarded where it appears to be subordinate to the general description. 11 The subject is similarly treated in Page on Wills, Vol. 4, Sec. 35.4: "Where there is a gift to a number of persons who are inaicated by name, and"who are also further described by reference to the class to which they belong, the gift is held prima facie to be a distributive gift to individuals and not a gift to a class. The context, however, may show that the names of the beneficiaries were added to the description of them as members of a class for the purpose of greater certainty, and that the paramount intention of testator was to make the gift to a class. In such case the gift will be treated as one to a class even if the names of the ben.eficiaries are given in the will." The two grandchildren claimants in the instant matter attach great significance to the fact that the words "my grandchildrenrr appear first in the sequence of words employed, while the names of the individual legatees follo thus describing a class first, and the naming of the individuals was merely fo, the purpose of fixing with certainty the members of the class. -2- • We are not impressed with this theory, although some courts (not in Pennsylvania) have attributed some weight to it. We believe that whatever sequence is employed·in this type will is pure happenstance, at the whim of the scrivener. It is important, of course, to consider the whole will, and all its parts, giving every provision due weight. Only in this manner can we ascer in and give effect to the true intention of the testatrix. This testatrix indicated with certainty beyond conjecture that the sole object of her bounty was her grandchildren, whether in a class or individually. She made no gifts to charity, none to other relatives, and none (practically speaking) to her children. Her gift to the children was of the tangible personal property, and the inventory lists only jewelry of the value of $300. A compatible group is evidenced by the manner she ordered the division of her tangible personal property. She did not leave it "equally" or "share and share alike11 to the children, but 11 so much ••• as they shall each select, rr leaving the matter entirely to their discretion. All her thoughts centered around the grandchildren. And they wer to be treated on an absolute equality. At the time her will was drawn she ha only four, and during the remainder of her life she had only four grandchildr n, so naturally she could name only four. There was no necessity for a codicil to add the names of any others if she wished, as none was born until after he death. Pennsylvania cases are in accord with the general rule. In Biilings1s-Estate (No. ·1}, 268 Pa. 67, 70-71, (1920), it was held that rrEven though the beneficiaries are named, the gift may still be one to a class if it otherwise appears from the will that the testator so intended and that the enumeration was merely for the purpose of fixing with certainty the members of the classrr, (citing Sharpless Est., 214 Pa. 335). -3- • The above was cited with approval by Mr. Chief Justice Jones in Cryder v-·. ·Garrison, 387 Pa. 571, 577, (1957), where he added: rrTrue enough, the testatrix ••• also named them individually. But, the enumerati n was obviously for the purpose of fixing with certainty the members of the J class and not for the purpose of individuating aliquot shares in the propertyrr How does this testatrix look at her grandchildren, --to the body as a group, or to the separate members as individuals? There is little in the will to give us a clear indication. In paragraph Third, (A) (1), she directs: rrThe prindpal shall be held in a single trust so long as any of my grandchildren (naming them) shall be under the age of twenty-five yearsrr (emphasis ours). Testatrix wanted al(her grandchildren to share in the trust. She could name only four, as merely four were in existence at that time. In sub -section (2) of the same paragraph she provides: rrAs soon as none of said grandchildren is under the age of twenty-five (25) years, the principal and any accumulated income shall be divided into as many equal shares as there are of said grandchildren then living and said grandchildren then deceased with issue then living. rr It is significant that she never names her grandchildren anywhere in the will other than in paragraph Third, sub-paragraph (A) (1}. But the most suggestive provision of this will is sub-paragraph (3} of paragraph Third: rrrr no grandchild or issue of grandchild is living at the termination of the trust, then any remaining portion of the trust estate shall be transferred and delivered to those persons who would have been entitled thereto had I died at that time intestate. rr -4- • 4 . l ' By this provision, should all grandchildren die without issue, then the entire trust res is distributed in accordance with intestate devolution. If we interpret this bequest of the residuary estate as a gift to the four named grandchildren only, then it would have been entirely possible that all could di without issue and the trust terminated. In such event the living children of · testatrix would take the entire estate of this decedent who made no provision for them (or any of them) in this will, in preference to the still living grandchildren. We can hardly conceive of this testatrix desiring such devolution. Her grandchildren were the plain objects of her affection and her bounty; her children had no place in the will, although they might have been otherwise remembered. This record does not disclose inter vivos transfers. But it can hardly be disputed that in this will she skips over the children and looks to the benefit of the grandchildren. We should not so interpret her will as to place the children, under any set of circumstances, in a preferred position over any of the grandchildren. We feel that a class gift has been made by this testatrix to all of her grandchildren, regardless of the time of their birth. All should share in this trust estate. -5- ~ ' .. - 'I' " . .. f ·' e ... ,, . IN THE COURT OF C0~10N PLEAS OF WASHINGTON COUNTY, PENNA. ORPHANS' COURT DIVISION NO. 517 of 1970 EXCEPTIONS TO OPINON OF FEBRUARY 23, 1972 ( -. ) -~ - : .. ., FRANK A. CONTE ATTORNEY AT LAW WASHINGTON TRUST BUILDING WASHINGTON, PENNSYLVANIA "'~~ .37-qj I~ '\ ····~ e r '>, .. · ...... '') IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION IN RE: Estate of No. 517 of 1970 ADA M. CLARKE, Deceased. EXCEPTIONS TO OPINION OF FEBRUARY 23, 1972 NOW THIS, 3rd day of March, 1972, comes RICHARD EVAN CLARKE, MARGOT NEASE CLARKE, JEAN MARIE CLARKE and CLAUDINE CLARKE VERNIER by their Guardian Ad Litem, David L, Gilmore, Esq~ and respectfully except to the Opinion of February 23, 1972 of P.V. Marino, P.J. the Hearing Judge for the following reason: 1. The learned Hearing Judge erred in finding and concluding in the Opinion of February 23, 1972 that the gift in Paragraph Third of the Will of Ada M. Clarke, deceased, was a class gift. 2, The learned Hearing Judge erred in not finding that the gift in the Will of Ada M. Clarke, deceased, above mentioned was not a gift to the individuals therein. 3, The learned Hearing Judge erred in finding that the gift in Paragraph Third of the Will of Ada M. Clarke, decease , above mentioned was a class gift to grandchildren in general rather than a class gift to the named grandchildren in the Will. 4. The learned Hearing Judge erred in finding that the Testatrix intended to benefit her grandchildren in general rather than only the grandchildren named in the Will. . . ' -~ 5. The learned Hearing Judge erred in interpreting subparagraph three of Paragraph Third as su9gesting a class gift. 6. The learned Hearing Judge erred in not finding that subparagraph three of Paragraph Third imported an intention to benefit the grandchildren individually by providing a lapse instead of a gift over to the remaining grandchildren. Davl1fl:.:vGIImore, Guardian Litem, for Richard Evan Clarke, Margot Nease Clarke, Jean Marie Clarke and Claudine Clarke Vernier I hereby certify that the foregoing Exceptions are not intended for delay. e r, '• e IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA NO. 63-70-517 * * * * * * * * * * * * * * * * * IN THE MATTER OF THE ESTATE OF ADA M. CLARKE, DECEASED * * * * * * * * * * * * * * * * * ANSWER TO PETITION FOR ATTORNEY'S FEES * * * * fr· ~. * * * -::-* * * * * * * * 2~ .1. c{ j~ ~~~-. _, 0 ti- ~~ ~i jc::1 McCREIGHT. MARRINER Be McCREIGHT ~ ATTORNEYS AT LAW WASHINGTON TRUST BUILDING WASHINGTON. PA. -. ~ ~----------------------------~------~------------·------.. -------.. --..... ·------------------ McCREIGHT. MARRINER & McCREIGHT e ATTORNEYS AT LAW WASHINGTON TRUST BUILDING WA~HING?;ON, PA ' e J --------- IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, .PENNSYLVANIA ORPHANS' COURT DIVISION IN THE MATTER OF THE ESTATE OF ADA M. CLARKE, DECEASED. ) ) ) NO. 63-70-517 ANSWER TO PETITION FOR ATTORNEYS' FEES AND NOW comes Mellon National Bank and Trust Company, Executor and Trustee under the Last Will and Testament of Ada M. Clarke, deceased by its counsel, James C. McCreight, Esquire, and answers as follows the Petition For Attorneys' Fees heretofore filed by Ross Armbruster, attorney for two of the Clarke minors. 1. Proof is demanded of the averments of fact contained in the Petition, for respondent is without knowledge or informatio to form a belief because the means of proof are within the exclusi e , ( . ' control of petitioner. 2. The Petition is premature, for respondent is advised, believes, and therefore avers that no final adjudication has yet been made in the Estate of Ada M. Clarke, deceased. 3. Under the terms of the Last Will and Testament of the late Ada M. Clarke, there are at present no "shares" of the named minors or of any other persons out of which the claim may be paid, for the fund is directed to be held as one fund as long as any of the beneficiaries shall be under the age of twenty-five (25) years. MELLON NATIONAL BANK AND TRUST COMPANY COMMONWEALTH OF PENNSYLVANIA COUNTY OF WASHINGTON ) ) ss. ) Before me, the undersigned authority, personally appeared ARLIE W. OTT, who, being duly sworn according to law deposes and says that he is. Trust Officer of the Washington Office of Mellon National Bank and Trust Company and that as such he is authorized to and does make this affidavit and that the facts set forth in the foregoing Answer are true and correct upon his infer- mation and belief. . l Sworn tb and subscribed before . , ' . ~~, :tkLre r2 My Commission Expires: ;~ o?J; rns- e e '• . , ~------. ' r~ TUE.-cou::,T o;; co::.;ow rLMS OF ~-!AS!IIHGTOH COUJ:T'I'Y, l?E.NNA, No, 63-70·-517 IN RE: Estate of ADA 11, CLARI<:E , Deceased, Q\ ~\ D\ ~' R r" r"' .... ~ ...... ""'_) " ---., ~ ·--·' • I l :;._ ( ~ . . ~ 1 . . -\'\) ~ .v ~ ~ aA J ~,.J __ J , . . ~ ~. ?; ~~~ -t..o..> ..... '"' LAW' OFFICES FRANK A. CONTE 50 WEST WHEELING STREET WASHINGTON, PENNSYLVANIA 15301 /~t/-51~ , ( I I I I 'I .c!!!!l ~ ;J:N ~HE COUR,T OF CQII1MON PLEAS OF WASHJ;l\!G'J;'ON COUN~Y r. PENNSYLVANIA ORPHANS' COUR~ Dl'V;LSlOI:\! IN RE: Estate of ADA M, CLARKE~ .; No. 63,7-7 0 .... 517 1 Decea.sed, ) I • . ' \\ '. ~ \' .' '' "'' \ "-~ \' '' '. -.,: \'' \ \ · P'E'TITION FOR APPROVAL OF' COU'NSE'L 'FEES AND NOW, comes David L, Gilmer~, Guardian Ad Litem i_n the above captioned case and petitions the Court as. follows: 1. That he was appointed Guardian Ad Litem to represent the named grandchildren in the Will of Ada M. Clark~, deceased. 2, That up to and including the Argument of November 16, 197~, your Petitioner requests approval of the following fees; . • • $ 25.00 • 100.00 75,00 Preparation and filing of Petition to Strike Claim, ~ • , ~ , . • , ~ • ~ • , . Research and preparation of.Brief .. ~ •. Oral Argument • , • • . • . •. . . • • . • .. Filing ~xceptions to Opinion of Judge Marino ~ , • ~ . , • • . Preparation of Brief and Argumeht . . .. . 25.00 on Exceptions • • . , . • . • . • . , . . . , . 75.00 Preparation of Supplemental Brief and Argument • • • • • • • -. . •. •. ~ • • Advanced Costs·~ Register of~Wills, ... ~ ~ 'l,'ota;l,. .• 100~00 • ? 1. 00 $4'26'. 'o'O WHEREFORE, your Petitioner prays your Honorable Court to approve the fees of $426.00 for the Guardian Ad Litem and direc the Mellon National Bank & Trust Co,, Trustee, to pay the same. Dav1.'d L,' ~lmore, Esq, Guardian Ad Litem • IN 'l'HE COURT OF COMMON PLEAS OF WASHINGTON COU~TY, PENNSYLVANIA ORPHANS' COURT D;I:VISIO~ IN RE: Estate of 0 ~ No. 63 ...... 70-:-517 ADA M, CLARKE, ) Decease~, ·oR'D',ER ~;(!"' AND Nmv, this \/f.day of ~~~ ~' 1973, upon consideration of the Petition for Counsel Fees of the Guard- ian Ad Lite~, Mellon N~tional Bank & Trust Co, is hereby directed to pay the requested fees of $426.00, BY THE COURT: . ~ /' . ' . ,·~~-~ · au' A~ ;t. Irion~, J. '' · ' l' - e •r \ ,· \ \ ( '\ In the Court of Common Pleas of !washington County, Pennsylvania Orphans' Court Division No. 517 of 1970 In Re: Estate of ADAM. CLARKE, Deceased. 0 PIN I 0 N- -.-: .... J ... _ ;q--, ( ') ,, (S~mons, J .. ) ~ ~b~~J : ~ ~·, _: fk ...-, -~~ .. -'X... ~ I ' L ' ~ ) ' -. ' ... ·~~ ;-· :~ 7 ·~ r• ' ' ;_ : ~ :--(._) _, ""r~ ..... -) L> ,, . _, _,J ORPHANS' COURT DIVISION (COURT OF COMMON PLEAS) WASHINGTON, PA. fl~a1-si3 -r::~ 2 r ·-~-~---~· -· -·~· --~·,-=-· ~~--~-"~ ----,~ ... ,_ ... I ~ ,\ '"" { . "1'1 ill THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY 1 PENNA. INRE: Estate of ADAM. CLARKE~ Deceased. ORPHANS' COURT DIVISION ( ) ( ) ( ) ( OPINION No. 517 of 1970 SIMMONS, J., January!:{_, 1974. AdaM. Clarke died testate May 12, 1970. Her will is dated March 14, 1968. She devised her residuary estate as follows: ... 11THIRD: All the residue of my estate, real and personal, and wherever situate, I give, devise and bequeath to MELLON NATIONAL BANK AND TRUST COMPANY, IN TRUST, NEVERTHELESS, for the following uses and purposes:· 11 (A) The Trustee shall hold, manage, invest •• 11 (1) The principal shall be held in a single trust so long as any of my grandchildren, EVAN, MARGOT~ CLAUDINE and JEAN 1 shall be under, the age of twenty-five (25) • · tr ~..,. "' 4! , t years, • • • • . . . , , . . ' Prior to the death of the testatrix, she had fopr living grandchildre , who were born on the following dates: ~v.an \larke,_.born October 3, 1950, .. and Margot Clarke, born July 4, 1954, who are the_ children of Richard C. Clarke, the testatrix' son; these two 'children w~re.mothered by the said Richard C. Clarke's first wife, Marguerite Clarke. In addition, testatrix ha a grandchild, Claudine Clarke, born May 7, 1951, and Jean Clarke, born May 7, 1951, who were the children of William N. Clarke. ',' .. I ' Also at the time of the death of the testatrix, AdaM. Clarke, on May 12, 1970, another grandchild of testatrix, namely, Richard C. Clarke, IT, had been conceived and was later born on June 23, 1970, after the death of the testatrix. He is the child of her son, Richard C. Clarke, and his second wife, Betty Clarke. Another grandchild of AdaM. Clarke was born after the death of the testatrix on May 12, 1970, namely, Robert Hughes Clarke, who was born June 28, 1971, the second child of her son, Richard C. Clarke, and his second wife, Betty Clarke. This child, Robert Hughes Clarke, was not conceived during the lifetime of AdaM. Clarke, the testatr· .• Claims were filed against the testatrix' estate for the two minor children who were born after the testatrix had died, alleging the gift was a class gift to grandchildren. The Court, upon petition of Mellon National Ban and Trust Company, Trustee under the will of the testatrix, appointed David L. Gilmore, Esquire, Guardian Ad Litem for the minor children named in the will and the Guardian Ad Litem thereupon petitioned this Court to strike the claim of the two after-born children, namely, Richard C. Clarke IT and Robert Hughes Clarke, and alleged that the gift of the testatrix was a gift to the named four grandchildren only and was not a class gift to grandchildren generally. The relevant facts in this case were stipulated to by counsel and a copy of said stipulation was filed and made a part of the record. The matter came on to be heard at argument by Marino, J., and on February 23, 1972, he filed an Opinion holding that the gift was a class gift that was made by the testatrix to all of her grandchildren regardless of the time of their birth and all should share in the testatrix' estate. The c'ourt in its Opinion at that time did not discuss the que.stion as to when, if ever, the class should close. c < . . ' -2- j. ' On March 3, 1972, the Guardian Ad Litem for the four named grandchildren excepted to the Opinion and ruling of Judge Marino as to his finding that the gift in the third paragraph of the will of the testatrix was a class gift t.o all grandchildren whenever born rather than a gift to the named grandchildren in the will. In the summer of 1972, Judge Marino, who is now retired, became ill and the case was not brought to argument before his successor until November 16, 1973. The issues raised in this matter are extremely difficult, even though the issue before the Court as expressed byJudge Marino is a narrow one, namely is the gift of the testatrix in item third of her will a class gift or one to named individuals only. The problem in this case is made difficult because the Pennsylvan·a Courts have not been very clear in their interpretation of class gifts s~ch as the one now before the Court. Section 280 of the Restatement of Property, Volume 3 (1930 Edition) reads as follows: rrWhen a conveyance of property in describing the takers thereunder uses (a} a descriptive term such as 'children, 1 'grandchildren 1 'brothers 1 'sisters 1 'nephews 1 ' ' ' ' 'nieces 1 'cousins 1 1issue 1 1descendants1 or ' ' ' 1family1; and also · (b) the names or other definite identifications ·of persons who, at the time of the·execution of the conveyance, comply with the descriptive .term . ··employed·, · . · ' · '·~· < :, then, unless a contrary intent of the conveyor is found from additional language or circumstanGeS,, such~naming or identification establishes the intent of the conveyor to ·make a gift distributively to the individuals so named or identified and thus eliminates the possibility of change in number required by' the rule stated in Sec. 279 for a limitation in favor of a cm.ss.·'r . · In the Comment a. thereto, the draftsman states the following: nThe presence of the descriptive term stresses the concern of the conveyor in the group, while the presence of names stresses the concern of the conveyor in specific -3- individuals. As between these conflicting stresses the second, that is, the stress on specific individuals, prevails in the absence of further facts indicating a contrary intent of the conveyor. This is in accord with a general policy of construction permitting specific language to fix the content of general language used in apposition therewith. n Although the Restatement appears to state the better rule, the Supreme Court of Pennsylvania has not followed the Restatement as written but states the Pennsylvania Rule of Construction in class gifts as follows: See Cryder.vs·: Garrison, 387 Pa. 571, 576. nn is a general rule of construction that, where there is a testamentary bequest or devise to two or more persons, each of whom is specifically named, a presumption arises that the g~t or .devise is to such persons as individuals and not as a class and, consequently, the share of one who predeceases the testator lapses:. see Sharpless's Estate, 214 Pa. 335, 338, 63 A. 884; als'6 Hunter's Pennsylvania Orpharis' Court Common Place Book, Vol. II, Legacies and Devises, Sec. 12 (j) and cases there·.;cited. This rule is, of course, subordinate to the cardinal rule of construction that 'The intention of the testator is the pole star in the interpretation of every will and that intention must be ascertained from a consideration of the entire will, including its scneme of distribution as well as its language' together with all the surrounding and attendant circumstances': Lifter Estate, 377 Pa. 227, 231, 103 A. 2d 670. 'Neither precedents nor rules of construction can override the testator's expressed intent': Long's Estate, 270 Pa. 480, 487, 113 A. 675. n The Supreme Court of Pennsylvania uses the word 11presumptionrr in setting forth the general rule of construction which of course means that the presumption of a gift to individuals would be dispelled upon the discernmen of even a minute indication on the part of the testatrix that she Eiesired a class gift rather than a gift to individuals. It is unfortunate th?-t the Pennsylvania Supreme Court adopted the construction that uses words of presumption and it is well to note that there was a vigorous dissent filed in the Cryder case. However, this Court is bound by the holdings of the Supreme Court of Pennsylvania despite this Court's personal feeling as to the proper rule in the case. A presumption is not evidence and cannot be substituted for evidenc • I -4- A presumption represents and springs from certain evidential facts and is a substitute for evidence only in that it may be sufficient to make out a prima facie case. See Watkins v~·Prudentiaf"fns. Co., 315 Pa. 497, 500, 503. Further, a presumption is a probable inference which common sense, enlightened by human knowledge, draws from the connection, relation and coincidence of facts and circumstances with each other. When a fact shown in evidence necessarily accompanies the fact in issue, it gives rise to a i.:S.t'rong presumption as to the existence of the fact to be proved1t. Sears's Estate, 313 Pa. 415, 417, 169 A. 776 (1934). In the case .now before us and as was pointed out -in Judge Marino's j Opinion, if the gift was'inf~;preted:as the b~~ues,t of tli~ .residu~~y"e~tat~ to the four named grandchildren only, theri it would have b~en entirely possible that all of said four named grandchildrelJ. ~ould die in a common disaster, for an example, without issue, leaving parents .who were children of the testatr· ' . . . . to survive them, and the trust could be terminated. In such an event, it is possible that the living children of the testatrix would take the entire estate of this decedent who made no specific provision for them in the residuary clause of the will in preference to the still living but after-born grandchildre . Section 281 of the Restatement of Property, Volume 3 (1930 Editio ), reads as follows: "In situations otherwise within the rule stated in Sec. 280, each of the following factors tends to establish that the conveyance lim its a class gift and that the rule stated in Sec. 280 requiring the individual gift construction is inapplicable because of the manifested contrary intent of the conveyor: (a) the class gift construction more fully accomplishes the manifested intent of the conveyor for an equal or proportional distribution, as between (i) the descendant stirpes of the conveyor or of some person other than the conveyor; or (ii) two or more groups of persons other than those described in Clause (a), Subclause (i}; -5- .· (b) the class gift construction more fully accomplishes the manifested intent of the conveyor to exclude designated persons from sharing in the subject matter of this limitation; (c) the limitation includes language which imposes a joint obligation upon the takers thereunder; Here it is noted that the class gift construction more fully accomplishes the manifested intent of the conveyor to exclude her own children from sharing in the subject matter of the limitation. (See Restatement, Sec. 280 (b) above.) It would seem that the fact that the testatrix' children were not specifically named in the residuary clause of the will would be sufficient to rebut the presumption that the gift was to named children only and on the con- trary that the testatrix intended a class gift. It is the feeling of this Court that the Pennsylvania Supreme Court did not follow the better rule in adopting the flexible Cryder majority decision which is susceptible of being applied incon- sistently to suit the wishes of a particular Court. However this Court is boun to follow the Pennsylvania precedents until they are properly reversed by the Supreme Court of Pennsylvania. In the Cryder case, Justice Bell, in his diss approved the Rule of Construction in class gift cases such as the one at bar, as being in the nature of a rrpresumption11 , but argued for a different result while using the same rule. As to another aspect of this case, however, it is the feeling of this Court that Judge Marino was in error when he stated in his opinion that all of the testatrix' grandchildren should share in the testatrix' estate, (regardless of the time of their birth). Section 295 of the Restatement of Property, Volume 3 (1930 Editio ) , reads as follows: "When an otherwise effective conveyance contains the limitation of a postponed gift in favor of a class described as 'children 1 •grandchildren 1 'brothers 1 'sisters 1 •nephews 1 ' -' ' ' ' 'nieces, 1 •cousins, 1 'issue, 1 1descendants 1 or 1family1 of a designated person, then, unless a contrary intent of the conveyor is found from additional language or circumstances, such conveyance designates as the distributees thereunder all who are •possible takers• within the group description found in such limitation and who -6- f. ' . '• ~... -:II ' ' '~ . (a) are conceived prior to the termination of the postponement caused by the limitation; or (b) are conceived at any time prior to the death of the person indicated as the parent of such possible takers, if (i) the conveyance limits an aggregate sum in favor of a class; and (ii) such class has no member alive at, or conceived before, the termination of the postponement caused by the limitation, · except to the extent that such persons either are excluded by one of the rules stated in Sections 296 and 303, or ·have others substituted as the takers of their shares in accordance with one of the rules stated in Sections 297-299 inclusive. n Pursuant to the Comment k.,. Section 295 of the Restatement of Property, the Court does hold that the class must close when all members of the class living have attained the age of 25. In other words, the closing of the class will be postponed to a time when all the living grandchildren are no yqunger than the age of 25. As a matter of convenience in administration and in order to carr out the intention of the testatrix that her grandchildren shall in fact enjoy her beneficence, it is necessary that the class shall be closed at some reasonable time and the third possible construction as to the time of the closing of this class as was adopted in Comment (k) to Section 295 of the Restatement of Property will be followed by the Court in this matter. It is the order of the Court that the judgment of P. V. Maririo, J., shall be sustained with the modification that the class shall close as to all grandchildren whenever born when the youngest grandchild living at any particular time, attains the age of 25. That is to say, if the six grandchildre ' ' now living attain the age'of 25 before ~dditi~nal graq.dchildren t'seven;r and • ' ' • ' • • • ~ f' •. ~-. rreight11 are born, neither of the additional grandchildren 11sevenrr and 11 eight11 shall take an interest in said e:;.;tate. po:yvev~r, tf an additional grandchild ·' -7- ', ----------------------,-------; i • ' • ~ ~ t and/or grandchildren are born prior to the attainment of age 25 of the younge t of the grandchildren now living, the class shall remain open to allow addition 1 grandchildren to share until the time arrives when all grandchildren then living are twenty-five years old or older than twenty-five years and when there are no grandchildren living who are under the age of twenty-five. The tr.ust shall continue until said youngest grandchild living is entitled to his or her distributive share at age 25, at which time distribution shall be made in accordance with the terms of the trust and the trust shall terminate. ... By the Court, ' .. -8- {1/' -•' -I .· ~. , ''5 1:['; i f1 1 r [; ; i Ali ! ! 54 ~ [316] W A. S H I r l ·) ' ;IW CTRit' JSUPREME COURT OF PENNSYLVANIA IN RE: ESTATE OF ADA M. CLARKE, Deceased Western District : No. 93 March Term~ 1974 . • j r r' .~.._ -----: Appeal from the Decree of the Court of : Common Pleas of Washington County, 1.ppeal of Richard Evan Clarke :: nd Margot Nease Clarke : Orphanst Court Division, at NOo 63 ... 70.517 OPINION OF THE COURT ....... :.-tOBERTS J· J .. FILED: JANUARY 27, 19'75 On March 14¥ 1968, Ada M .. Clarke executed a will. After small ~lequests to her children, she directed in paragraph Third that the .. ·est of h.er estute be p'!.aced in trust nror the following uses and purposes: 11 Th.e Tru.stee sh:1ll hold, mannge, invest end retnvest Sl:'.id Trus c Estc.te and shall distribute the net income 9 • • and principal from time to time a.s follows : "(1) The principal shall be held in a single trust so long as sny of my grandchildren, EVAN, MARGOT, CLAUDL1E and JEAN, shall be under the age of twenty-five (25) yeers: and the '.rrustee shall usa the income, to- geth3r with so much or the principal as may in its opinion be acvisable therefor~ for the tielfare, support and com- plet0 educo .. ..;i.on of such of' said grandch:;.ldren as shall need fin&ncial assistance» in the opinion of the Trustee. Tht:1 Trustee shall have complete discretion a.s to hotJ much shnll be used for eo.ch (l 0 • • -1- (316-2] 11 (2) As soon as none of said grandchildren is undE~r the age of ttllenty-five (25) years, the principal and any accumulated income shall be divided into as many equal share~:\ as there are ot• said grandchildren then livi~~ and said grandchildren then deceased with issue then living~ "(a) Any share so set apart for a deceased grandchild sl'..all be transferred and delivered to such deceased grandchild's then living issue, per stirpes • . . " "(b) E9.ch share set apart for a living grand- child shall be transferred a.nd delivered to him or her f're1e of' trust, and the trust shall terminate .. "(3) If no grandchild or issue o.f grandchild is living at the termination ot the trust, then any remaining portion of the trust estate shall be transferred and deliver- ed ·to thoa~ persona who would have been entitled thereto hcd I died o.t that time intestate." At the. tim•~ she e:Y.ecutecl her uill, 14rs. Clarlte had tt>Jo sons, ~.,il11am nne:. Rich!lrd. Richard had at that time two children, Evan and 1 2 Margot"' .nnG tiilliam had tt1o, Claudine and Jean. Mrs<~ Clarke d5~ed on Hay 12, 1970o After her death, ttJO more children t<Jere born to her son Richard, Richard II on June 23, 1970, and Robert on June 28, 1'971{> After Mrs~ Clarke's will tJa.s admitted to probate, claims were ?iled against th.a estmta on behalf of Richard II and Robert, seeking ______ ... _ 1. Evan jMu.rgot are ch:tldren o:f Richard by his !'irs t •t~ife .- ' arguert t<:. On l>ierch 8, 1968, Richard married his second v1fe, Betty. "'he dnte nnd circumstances of the termination ot Richard e s mar·r~.a.ge (.o Mo.rgu.eri te do not appeo.r in tl'le record .. 2. The birth de. tea of Mrs o Clarke P s descendants are a.s fol~ O\IS: l!ill:tam, August~ 1917; Richard, June 3, 1923; Evan, October 3, 1950; Claudine and Jean (ttJ1ne)., Me.y 7, 1951; Margot, .July 4) 1954. -2- .......... ·.' a t..eclaration of their right to participate in the residuary trust" In response, the trustee petitioned the orphans' court for the a.ppointm.ent of a guardian ad litem for Evan, Margot, Claudine, and Jean.. A guardian was appointed and he pet1.tioned the court to strike the claim£. of Richard II and Robert.. The orphans' court sustained the claims, holding that paragraph Third created a class gift and that Richard II and Robert were members of the class. The guardian filed e~:ceptions to the decree, which were overruled. Evan and 3 Margot s.ppeal to this Court. tfe affirm .. A c:l2.ss gift is "a gift of an aggregate sum to a body of persons uncerta1.n in n•1mber at the time or the gift, to be ascertained at a future time, tiho are all to take in equal or other definite proper .. tiona.~~ the ahere of each being dependent for its amount upon the ultim:',te n.um.ber • • 110 A .. "(61, 768 (1.920). Appellees (claimants belw) argue tho.t the restdunl:-y bequest is a gift to e. body of persons consistins of all Mreo Cl~t.rlte 1 s grandchildren, uncertain in number e.t the time of the execut~on of her will and to be ascertained at a fUture timeo Appel· lants contend the.t the bequest is an individual bequest to the tour namgd g~.t:dchildren and, in the alternative, if it is a class gift, the four r~med grandchildren are the only members of the class. that It is axioma.ti<ljthe "[t]he question t·lhether a gif't is to a class or to individuals constituting a class depends, of course, on the intention of the testator •• ~ ." Billi~~~Estate, suprap at 10, 110 A~ l~t 7680 H~ever» testators r~rely provide explicitly that 4 their l~egat<?.9S or davi~ees ere to be trec.ted ns a class. The 3., ~P:t?ellote Court Jurisdiction Act. or 19701 Act of July 31 19701 P.L. 673; crt. II, § 202(3), 19 P.S. § 211.202(3) (Supp .. lgr4) .. 4p See Coolel\ Wj~t Constitutes a Gift to o ClnsaD 49 Harv. L. Revo 9030 912 {1930}: [c~1t'd or. next page] -3- 'I [316-4] indico.tiv·e intent is group-mindedness; "tr the transferor intends to designate the transferees as a group or entity, rather then to desig- nate as t.ransferees the separate individuals who comprise the group or entity, then the gift is one to a class." 2 Lo Simes Be A. Smith, l"he La1.1 of Future Interests § 612, at 47 (2d ed. 1956). Group- .nindednes:s is, more specifically, an intention to benefit a group or ~tity regardless of which specific individuals comprise the group at the time the gift results in possession. This intention is menifested oy the tE~r>te.tor 9 s allot!&nce of the possibility or fluctuation in the ·1umber of' ultimate recipients through births or deaths. "A conv~ycnce ol property which designates the conv~~·eea, or part of them, as ~children, • 9 grand- chiJ.drenJ ~ ~brothers,' 1 sisters, 0 'nephews,' '.nieces,' 7 cousins~q 'issue,' 1deacendnnts 0 or •r~~ilyg limits a claEa gift if, b~t only if, it is found that the corureyor intended to designate as his conveyees a group cape.ble of e. future change in number., rather thnn specific 1ndividualso" Restatement of Property § 279 (1940). See id~, Comment e! Simes ~ Smith, supra § 6l2t~ at 47; 3 Ro ~1ell, T1.1e L:.tl of Real Property CiJ' 352» ('t S'2 (rE~v. ed. 1973); 5 American IetJ or Property § 22.4 (A.J. Casner ud. 1952)" In g~eral: courts have held that the designation of beneficiaries i>y c clnt31l desc1•iption only» such as ugrondchildrenJI" strongly l'"eveals ,....., __ -......... 4. [cont'd from previous pege] nThe doctrine that the testator ever Vintends a. c~ss 0 1~en he does not sny.so in so m2n1 words is in ~MlY cnse ~ benetie1ent fiction" The vast major- ity of testctors ia o.ll 11k0lihood ~~vo never even hec.:rd of o. class." -4- . ' the testa~iOI"' s group-mindedness. On the other hand, designa;;ion by names alone indicates an intention to make a gift to individuals. Simes ~ Suith, supra § 612, at 47; see, e.g., Bank of Delaware v. . - Este..te <)f Kane:; 285 A .. 2d 440 {Del. Ch. 197l)(class description only); ............ -· ..... Esta.te of' Lester, 1.91 Kano 83, 379 P.2d 275 (1963)(1nd1v1dual names ~___................ . only); ae~ also Restatement of Property § 279, Comment a (19lW); 4 '&1., Page . ., Law of Wills §§ 35.2, 35.4, at 491-92, 495-96 (No Bowe & D. Pa.rlter re,," eds.. 1961) ; American La.w of Property, supra § 22 ~ 5, at 253" \1hen both a class description snd individual names appear, th~re is "evidence ths.t the conveyor was simultaneously thinking of e. group and of 1t'ldiviLuals. A consttuctionel problem exists as to which o:t: these conflicting ·~hou.ghts shall be held to control." Po1\fell, supra. ~T 353, ' t; 97-98 (footnote omitted}. Absent further ev~.d~ncej.l the :!Onflict 5s r3solved in favor of a gift to individuals. Cr!rder v., Garrr.son, 3f-7 Pa.. 571, 576, 128 Ao2d 761, 763 (1957); Re.,. ~ .. ~ •. -. ....... ~-· ....... IIIII stt:.tement ot .. Property § 280 (194o); Simes & Smith, supra § 612, at 48; Pu~ell, supra CJ 353J) at 98; Page, supre. § 35.4·, at 496; American Lat~,· of Pr1)pert:y., suprc. § 22. 5, at 253o "Even though the beneficiaries are nc..:ned, the g:ltt mr..y still be one to a ele.ss if it othel"tfise ap'9eara f'::-om the \fill thc.t the teate.tor so intended q n 0 0 • Billi!l§!J! Jif!.:~~SI Bltpra, at 70!1 110 Ao t\t 768~ see 9,tyder v.~ ... Garr:l:~!!_, supra, at 5Tf'1 J28 .. ~ •. 26 ttt 761~; Restatement of Property § 28o {1940 )("unless a contr.e.ry :o.ntent of the co:1veyor is t'ounti from additional language or circumstances"} li S1me:J 8J Smith, supra § 6J2 s at 48; Potlell, supra '1 353: nt 98; ?a.ge:t supra § 35.,4, e.t ~·96-97; American Lati of Froperty,p sup:r.c, ~ 22 .5, .1.t 25ll·., Appe:.~le.nts argue that, since Mrs. Clarke included the individue.l ne.mea of :~our grandch:tldren., the residucry bequest is a gift to the 5 four ne!.Ylled grn.ndchild::·en.., Hot1ever 1 t1e are convinced that the t11ll evident~es the taato.tr;_.x~ o 1ntent:l.on to mo.ke e clasa gifto [Foutnote 5 1.s on p o 6] , I ['316-6] The core of group-mindedness is the intent on the part of the testator to benefit "a. group ca.po.ble or fUture change in number o " lR.esta.t6illent of Property § 279 (1940). The indication of u • 0 group-mindedness is sui'fici€'nt if the group is capable of either future increase or decrea.see Id., Com.t}lent e, e.t 1455. In· her •·Till, ftirs. Clarke clearly contemplated and provided for a future decrease in the number of takers. Distribution of principal was postponed until none of' the ne.med grandchildren was under the age of 25. At ·i;hat time, "the pri:ncipe..l &.nd any accumulated income she.ll be divided into as man.y equsl shc.rss as tl'lere are of said grandchildren then living and so.i.d gra.:ndehil~ren the·.1. dece:.lsed t-rith iseue then living." Thue P any ?;rcndcnild ttho ~1cs a p.>tential member of the class at tha execution of i;he tJill tr.lo fc.ilad to surv1 'lfe until the time for distrioution and lailed to leevs igsua ·.rho survi9'ed until the time for distribution ~oulu be remov~d from ~he gr~up or takers~ his expectant share tlOuld be dividea emons th3 grandchildren then living and than-living issua of deceased grandchildren. Thus, it is clear tha.t teatQ;;rix ir.tended to br:mct:l.t C group capcble Of e:~ leeat dO'Wnt'.!E.rd fiuctU.O.tJ..OOo ~l'he ~e(!uisi·i.;:; ~oupuari.ndedness to indiet.te the intention to lll!lke a clans 3if't is shotmf> 'I.he conclu1j.on tie res.ch is supported by P.illing: 1 s Ewte1 supro • . (·he~e the texttl .. ~!·ix 5. F 3 ex·o ·L10t su:ce that test.a.trix• s designation of legatees is eubjec·t to th~ 3enero.l rule <Jf cOTLstxuction fe.voring gitts to indiv:i.d·- uole.. ~he cleu!3~ contL\1n1ng the rl&mes of Evt:,n~ Margot.o Cleudine, and Jet1n serve:~ meJ~3~Y to proscribe tb.e duration of the trus;;o On its f~ce, i~ s.~ama ·i;£12.t ~-:s drettsm.m probably Uf;ed MJ'llea to provide measuring lives for purposes of the l"Ule age:J.nst perpetuitieao Saa Estates Act of l947JI Act of April 24: 19L:.'(.il PoL., 100, § 4(b)~ 20 PaS~§ 301.;4(b) (1950)~repealed 1912); Probate, Estates ana Fid.u-~ieriea Code» 20 P.eo C S. § 6104(b) {Special Pamphlet, 1974). The :lirection for ttl vision o:f th3 principal uses only the general t'lord 0f descrip·i;ion: r: laid r;rE~.ndch.ildren then livtng 3'.ncl aaid grandchildren i;hen deceased :J::.i;:l issue then living .. 1' The sentence mandating dis- 'i:.ributictn ("E!!.cil ,.~hare set apart for a living grandchild shell be ~mnafsr.red a.nd. c1 alive. ott to hin1 or her i ree of t;rusl.; o .., $") does ,1ot evsn u.3e th) ,.r,,rd so.id~" t·Jhich appellants contend ac:tp, to in- ~~orporr.te ·the 11PJUr~a by r3ferencu. -6-.. [316-7) ngave all her restdu.ary estate •unto my nieces and nephews nemed to wit [naming them), ••• share and share alike to be paid to them respectively' in the rna.nner stated, t~ri th .further provision~ should any die 'l bef'1ore receiving his or her share, and without leaving children, the share of such deceased should become part or the residuary fund and ~o to the survivors.. In a cj:>dicil testatrix revoked the residuary bequests made to ~r. nepheiJ and niece e.nd directed the persons named shollld not ahare :~.n the reaiduary eetate •••• n 268 Pe.. ~t.t 69p 110 A. t.t 767-It was contended that the revoked shares ~Lpsed and passed to her intestate heirs. This Court held that the bequest waa e class gift and that the revoked shares passed to the rE~uining members o:t the class. W3 stated: "[l'J]Ihile the beneficiaries are sp3cif1cally named.i) thel'·9 is e survivorship created in the event ot the deat;h ot cny one of them without children, and the p)4Btll of aqu.a.l division o.f the residue amt>ng the bene- :f'ici.nries 1.s carr13d out: [citation omitted]. tJhen teatetrix executed the codicil she Dl'?.de no ettempt to ch~nge the provisions of her ~ill except to the extent spe~:l:tically stated, t?hich directed that a nephew and a niece should not share in the estate. Textatrix in so doing clearly indicated an intention to divide the residue mmong the 7ema1ning eight nephews and nieces and the survivor or su:.·vivors of them, 1.f any died ttithout issue. In our opinion these provisions are sufficient to overcome the e.fi'ect ot designating the beneficiaries by name and tho.t testc,trix intended them to take as a class. rt 6 268 Pa .. j~t 71, 110 A. at 768. [Footnote 6 is on p4 8] -7- '' Ne ccnclude thet ~·irso Clarke's residuary bequest evidences suffic:t.ent group--mindedn3ss to indicate e.n intention to m.a.ke a cls.ss t;~i.f'to This conclusion» he>t:ever.~~ is not sufficient to entitle Rict!lrd II nnd Robert -to she.re in the beguest, for the further ques- tior: rema;z.ns, trh~t group did she hav~ in mind? Appellant.& argt:e tha.t11 assumins the bequest iu a clo.ss gift, the group of named grandc·hildren is the :;1Jtc lusi' e membe;."ship of the cla.ss.. 'j,bey point to lengut ge in B1~ .. 1inf$ r .s Estate suggesting ·chet the ncm5.n,g cJf beneficia.:ties in a ..................................... ~ ... clc.Js gi.f\; may b-a arror the pnl'J:70se ot fiJ:ing t11·t;h certainty thf. 7 memo.ars of' the cJass , " c. ., r 268 Pn .. a.t 71~ 110 Ao ttt 768. It :Ls of' c~urse true tLat 'l t.es~tor UJ;J.y specify t~.,e entire membership of the J)eneJ.'i·r.ed c\t'.ss.. lf Mrs.. Clarke intended by to.e enumeration of '1l~1:en c.).l the ·o :~neficie:o"iea of c disposition e.re i1a::ne,:) no rrr tl~m ·lf ~.nc.ret'.se :J.n the ben~fici£ ries b.'f th 3 ~Ji rth t f illO 1. 'tf 1• dU£ .. 1 :;_, lt!i.4.0 ::'it into th 3 group made by -CJ'!..! ncu. c1 per so· lS is j?Ossi3le. 11 ;-; ;.e · lsc• :.d. § r: ~. 6, at ?.56-~ ·r (lootnote omitted): 11E ;·311 11 tr s deciJ:·.':m ir th:t the mer_beru or the group uho 1 .:e no·\; mtmSJd r unnoi. sh1.r.3 to th ... gi.tt, th.fl.t does no·;· !\Ban tl~J.t thos~ nctned c.-~nnot pos&ibly tc.ke as an ~ntlt.y. In :>ther l'O.!."UB: e.dditionc.l ::vidence may jus"ti5~y the cotlclu.ei:m tn~t those named take as r.. class for t:1a )'UIJ.)Ot~e of Jettling the 1sstle o"~ the effect of a fa.ilu:c•e Of OD3 to bUrvive the de.te 'vhe ':1ill te.kes efft.Ct ~ve-·1 though the class is held no·;; to include the children ttho ere not specifS.cally na.med.11 -8- [316-9] In ~ur opinion, !~rs. Clel·ke did no1; so intend. t-Je concluda thet she intended to benefit the class consisting of all her grand- chtldren. Our stari.~ing point is the rule of consi~ruction that 'tlhen the language o.f a ttill is amenable to more than one interpretation, "the l£t• favors a. construe tion t<thich ~rlll worlt. eqUQ.li ty of d1str1 but ion among these standing in the sa.me relation :to the teste. tor." Jones .,. '"m ..... ~ !!!~J:!!• 151 Fe., Superior Ct(l 396, 400, 30 A.2d 241, 243 (1943) J see .!'L~~Y-!!!f:!£; lf2q. Pa. 390, 393, 227 A.2d 65l.t 653 (1967) J ~r$l.eF !f!ta.\t;• 356 Pt\., 93, 93J 51 Ac2d 608-e 609 {1947) J l!!!.!h,',s_Tru!J} E~ES!-1 334 P;_.c, '12t ~1S, 5 A .2d 160, 163 (i939); Edelmtullls Est?~~» 276 Pn .. 503J 5ClJ, 120 Ao 1!·57~ 458 -·1~3)~ P~lf.~&~ .. ~ 169 Pao Sup~r:tor ct. 226JI 2~~, dr:~ A~2d ~5.'2~ 265 (195:·.); .g:t£~,_~·;~~ 35 De <b C. 2ti 506; 513 (0 Co P~.dladc-~_lgiJi~~ 1;65)~ A te.1tctor ;_s o.-~ couz·se free -~o cunf'ez· hi~~ b:Jwr;;:_{ Ull.:-~q-J.ally 0r 6_itcr:..Di~l£.cori.! .. YD hut inequality or d:.s- cr:l.mi::l:lt~.on ".J~ l.l not ··>e t:·::n:suned u.:1l.esa the intentio·n to do S(J is fll!',nif ,;:~!"~, Sc'r. Jt!!_tl_Ji!.tt:~~~-' lJ.·+9 Pt).e 4ll2, 295 A"2d 797 (19'12), l:a ·i;tti.a ct.sf;;, di!lf!rimin.o.i~~ry intGn't io not manifesto From c. re£.dir.tS of the ~rhole 11111 end .! conside:r-ct:lon of the surroundi.ng ~ir C'luo.st·.n~cs, s:f! ,&~\~.:~.&!;; 443 Po. .. :t, 4. 275 Ao2d 3'1', 38 (1971) D t1~ ccr .. 1c~lude t ·2J~ Mrso Clerlt.o t·:1tended to benefit all he:r gr·e.nc.children ant p1·:.~i>a.bJ..y 1 alieveti the·:; she wu.s 6.oine; so -She ncmed e·;;-ery gn:md .. 8 chi.ld ·.fo··.o l'~!.r; ·.~:· i.V;?! t·Ji.!e·l st.2 exccute'fi tl'le ·:~5.11. The c:treumsi:e.nces ;;:, 3~.;o ,!;'-;-~~. ·ru.ar~ mp:m u~tc 6 _i !iJ .. ro Will ~J!~nef!1 240 So- 2d 85l?. {Lr'~a.~ !,~t. _l~!'lP" T:rrO)ll c:?<; .!!l.r~).~!!!kfiYisl!:~~t,lJ> ~ Mor.to l14r 43 1?to2::l 233 (_; 9~::>). Go;:np~ro "{~~le e~!~s :·_n TSt~ho t:lo~·;or c.r do.1o1· oms. t t'~d L' rom t : ;-,3~ lx:~en t ic-n. oi nt:.meo tb.e nnne of en o n~t~ tto.a eli i1 .l end L'"l3:r.1 ;;o t1'2~te.~t·ytor Oi" a,)P..o:r: stn,uso ~o stmu.')'?...o 363 IJ~G t.1112, 2 ILE ,~~(J. )99 (l936}t .~~"lt12_!,!l_~<!.}_!;A_P_:I.@I~i'"Nit"'£2;,j_'!. _S}l!ft 43 Roi 518 .v ·; ll2 i1. 787 .o ·rd'S p.:g-, 11 \a.:!.: tu.m H ·-e1).ae5Cr~ v ~ c.;5eiJI.' s ~~-!'!.: ..... \.~~ vr." 5.J.1, 21 s~F', 1~43. r-.S9'fl! !n_1~-.r6ck.fto~o-25ch:rlv. 162: lb( p.f::fi3)b cf • .l~~:,l!...1:....~~!2-N~ 221 Arke040'; ""S'ol S. "j ,2, 1~57 (195'?). [ r:::nt: c.~ :>:1. nc.::. t. ~.s~-:z] suggest th~t sh3 probably believed th~t no further grandchildren ~ould be borne. At the writing of' the tiill$ her sons uere age 50 and 441 and her youngest grandchild v:as age 13o It S.s very like:i.y that sha o.snumed that her sons trould hava no further childreno F1J.rthermore:: there is nothing in the will or the surrounding circumstances s:.1ggesting tht:t :twlrs. Clarke t:TOuld d1serimine.te against after-burn grendehildren. Cf. Earle Estete, 369 Pa. 52J 57, 85 A.2d 901 93 (1951); c~re SI?eJ!£_,'r v •• !riest~~' 105 Roi. 388D 252 P .• 2d 182 ( 1969) (~.'1111 provided "Under &10 circumstences shall any unborn grond- ehildrS~1'l11 e.s of this dcte, or other then the above named five gre.nd- chiJ.dren r.eceiva any sr·m or be included :'.n this mentioned trust . ., 11 ), !·7e i'int'. Great r,;i.milari·:;y bet"".1een the fue·i;s o:~ this ce.se ..md =In.........,r..,.e......,.:-1111 --- ot henn.er;:, 2!!.0 30., 2d 859 (ile~ c·t" .lypo 19'1'0), There th3 testator .......... __ ...._. ........ nfo:· the benefitt ca.r.21 ccr.nfort, ma:;ntsnance end edu:.:1- tion of tbe heirs ot tht;: bocl:r of my seid nephew, l.Jli~.ea Lloyd Minor v ~h.o urG: J., Pnt:..•leia Minor 2~ Bever)¥ Minor 'j ~nny tt'dnor l~ ~ lieit-:y I~inor . " Ano·~her ~hi:.cl 't :lS b!lm to 14ile!\ Minor a. ~rear after the Emecution of thG t;i:1.1 Tho ~ourt hud tbot the after··bom ehild t1ss antitlud to "l:n ·{ho c,1 r,:;.nea o:~' cry rc:.J!.l;~\ of l"ef!Oz~( to $-·elude c:r~v u!lburr.: f!b.ild J.nd ti·,_.~:ru·;,y b.Jnof1:~. or_ly a i-'Ortion 8 .. [ e~nt: d f'rom i)reviou.a ~e] 15!.-~ X!..~:_~f!*.' ~; lg 1.:.1. 2d 5?lr 167 l~L.~o2d 191 (1960)! .4~~terfelt .... !~ &:n? •. :~~;-2l""d .•.on~ .. $66j 2 ~~ F.llt·J~ 380 (1926L l'!Rll v •• ff41.1l.D 15r 1\leb. joOp ")'§ ):: ,"f'.:" .. 2n 3!:U ~ 1c53 & !1~~3 Vc B:\1lti1.~tr..<'\ 31l 8:Y:J':2ct2~-j2 ('.~0~t. C~.v. A;JPo ::.958) Cl . -~ ,_ ..-...,..,.,.,. ..... ,...--.._.,. •• -10.,. ..... '' '~ .... . . , (316-lJ.J of ·the neprtewv s heirs~ "t.:e feel it is more likely ttw .. t thE~ testator had ~n mind to ~ o (benefit] !!! of the he1.1·s of the body of' the nephe'!'l as a cla.ss e,nd thus to include unborn children.. In o·ther ~!t)rdn, there is no el"j,te:ria [s:tc] ox· bcsi.s for believing t:t.r""t the testator in·.;.eudc-:d to discriminate against the a.ftt\r born child." ·~4o so~ 2d at 860,., See also .9!-.!!t .• .I".Ja.l.!m:.J _ Misao __, 241 so. 2d 550 {1970) .. t-Ie ~en n~ '1e.sis fer believin.g th».t the testar.t•ix intanded to -'l.:'.sc r'ilu:tn;:.te ~~ :l:.tst af ~er-born gre.n.dchil1ren.. We theref~re conclude ~-··u.t·.t the i'flsiju .. 1./ cl.at le. ot the \·;ill cre:tted a clns\~ gif ~ intended . ·J ~nne.:-1 :; a..J.l · .e.r grar dch1.ldren* P.ccordJ.ngly, the th\cree of th.e rph_~n.£ .~;:ur-t nust be ~ff:!.rued. Clt"C~'F JUSTJ~CE J'Olf.€8 did not p;.,rtieipe.te i.n the consider\tic.n o.r )SRo <JUSTICE FOMEROY concurs in the result o ·~J.l·- .. ... .--... /• /' !' .. IN RE: ESTATE OF ADA M. CLARKE~ Deceased ~ Appela of' RICHARD EVAN CLARKE and MARGOT NEASE CLARKE February 7, 1975 No. 93 March Term, 19 74 Your No. 63-70-517. ---------·------19 75. Received from the Supreme Court of Pennsylvania, Western District, the record, remittitur and copy of the opinion of the Court, in the above entitled case. {PLEASE SIGN AND RETURN ONE Russell Marino, Clerk Orphans' Court Division Cou.rt of' Common Pleas Washington County Courthouse WASHINGTON, PA. 15301 .• ~\ WASHINGTON CO.-ORPHANSi CT.DIV PLEASE RETURN TO Supreme Court of Pennsylvania 801 CITY-COUNTY BUILDING PITTSBURGH, PENNA. 15219 No. 93 March Term, 19 74 vs. ACKNOWLEDGMENT OF RECORD, REMITTITUR, ETC. ~ -;"'"! ~ ::J c..n ;::.. !"ii Xi (f) {j) c -n r-· :.:: -(./) '=' ! ~': U) ~~~-L::::J r-~~· ..... -'. 0 --: " • r·---:.-;:;,) r·--· ... _ ..... ~.:: . ~"" •. : ::::--• q; . -~ b ::;_-.:: : :. = :~~~ u ;-~== ~ (;) L) ___ ... LJ"l u-! j ,! I ~ II~ Jl! I' I I li 1': II I 1,, ~ !I, ! I \ I o ' In the Court of Common Pleas of !washington County, Pennsylvania Orphans' Court Division No. 63-70-517 -- - - --- - - - - - -- ---- - In Re: Estate of ADA M. CLARKE, Deceased. 0 R DE R 4'1~ (Simmons, J ·) ..L l . 4 I~~ t. ' -l!?.~,i~ ~ l"'v5 11 ~ · ~ ' ORPHANS' COURT DIVISION (COURT OF COMMON PLEAS) . ~+ 7JoTol) -. IJ[~. '_) 11 ,'~L-J) /3 ~2 ( ,I ( .~ -· . '' '· . . . . .. IN THE COURT OF COIVIMON PLEAS OF WASHINGTON'COUNTY, PENNA. INRE: Estate of ADAM. CLARKE, Deceased. ORPHANS' COURT DNISION ( ) ( ) ( ) ( 0 R DE R No. 63-70-517 AND NOW, this 27th day of May, 197 5, the Court has set Monday, June 30, 1975, at 2:00 o'clock P. M., in Court Room No. 5, · Waspington County Court House, as the time and place for hearing on request for attorney fees by Ross Armbruster, Esquire. By the Court, \ ' . ' ' ! .,. ' IN THE COURT OF.COMMON PLEAS OF WAS~INGTON COUNTY, PENNSYLVANI . i '· 1" ORPHANS' COURT DIVISION • r ~ -"1 --' < ' • ,-. l ' ~:) .. 1 ) IN RE: ) ) .. ESTATE OF ) No. 63-70~517 ) ADAM. CLARKE, ) .. - . ' ~ ' ) ~ ... w • --l Deceased. ) TRANSCRIPT OF PROCEEDINGS ON CONTINUED AUDIT BEFORE: APPEARANCES: THE HONORABLE PAUL A. SIMMONS, Judge of the said Court. JAMES C. McCREIGHT, ESQ., of Washingt Pa., representing the Executor and Trustee, Mellon Bank, N. A. DAVID GILMORE, ESQ., of Washington, ) Pa., Guardian.Ad~Litem for Evan, Marg t, Claudine and Jean Clarke. TIME: ROSS ARMBRUSTER, ESQ., of Illinois, Guardian Ad Litem for Richard C. Clarke, II and RobertHughes Clarke. June 30, 1975. MR. McCREIGHT: If the Court please, since this is, in effect, a continuation of the audit of the Estate of Ada M. Clark, and a great deal of time has passed, I han~ up to Your Honor a Supplement to Audit Petition, which accounts for the period since the Audit Petition, and contains among other things a copy of a bill submitted b~ our office for special interim service. I also hand up to Your Honor a Brief on the question of attorney's fees for Mr. Armbruster, which is simply an explanation of the Brief which was previously.handed up. THE COURT: Mr. McCreight, I noticed that you have here a bill of $230.50. Do you want that in addition to the $500.00 or costs? MR. McCREIGHT: No. The $500.00 is for the executor- trustee, as compensation for the accountant. The bill which our office rn s submitted was submitted to the executor-trustee in view of the other questions. THE COURT: Do you want ' u:s · to consider your bill MR. THE MR. too? In other words, there would only be three bills here, Mr. Armbruster's bill, your bill and the petitione~'s bill. McCREIGHT: ... effect. on COURT: GILMORE: ,, .. ' the ., That is correct. And the resultant ·Inheritance Tax~. • ... l .. 'I' Mr. Gilmore, do you have a bill here too? I hav.e i-t, YourHonor, but I haven't .• • t ~ ~ received any word from my clients, but it probably I . I _. 1.ri ll c:ome about ·that ] submit a bill for the services q------------------,-----------------·---·--- 3 performed after I was guardian ad litem. I have already ' . ' ' been paid~ for that. That ~s the·court already ordered ' ' I t . • '', • ' I ( I ' that. And I took the matter up and since the heirs that I represented had ·come .of age, I •took that matter up for of· I , ' . I ! them individually. -It would seem to me that their bills stand in: no diff~rent 'position that Mr. Armbruste,., Is bill. THE COURT: MR. McCREIGHT: Honor. THE COURT: MR. ARMBRUSTER: What is your opinion on that? I I am inclined to agree with that, Your I didn't get a bill from you yet, did 1 May it please the Court, yes you have. is The only one I have/in the original Petition in 1972, February. THE COURT: Since that time you haven't submitted any. MR. GILMORE: No, sir. I am not going to -add to it. THE COURT: How much is your bill? MR. ARMBRUSTER: $1919.00, for hours and time and expense. I will say, and I am not going to dwell on it, since that time the Court records show, of course, that I represented these parties in t~e Supreme Court of Pennsylvania. I have also extended $216.00 for Briefs, printing of Briefs. I have had tmtravel expenses, but I am not going to add it. This estate only amounts to $28,000.00, Your Honor. And there are six children. And I don't think it should all be dissipated for my attorney's fees or anybody else's attorney's fees. Except I did make a request for $1919.00. But I say I , will no.t add, anything~,to th~ t. I y,o,u~d add a great deal . . . : ' . I .· t . . . if· this e~tat"e {were ~~rth that. But I can't do that. And the·Court may think that $1900.00 is too much. And I would abide·by,~whatever the Court thinks is right. .... .,.~ ' THE COURT.: What is your bill at this point? MR. ARMBRUSTER: This is in the Petition, if the Court please. It's itemized in the Petition. THE COURT: MR. ARMBRUSTER: I haven't opened all this material up lret. I feel sure that that is on file. The items are at 50 hours of time, $35.00 an hour, which is $1750.00. I charged one trip to Pittsburgh or to Washington, $169~00. It costs more nowadays. THE COURT: That bill was rendered up to what date? MR. ARMBRUSTER: Up to the date of February 29. That was a leap year, February 29, 1972. THE COURT: That was for $1919~o'00. MR. ARMBRUSTER: Yes, $1919.21. And the original Petition is on file. I am reading from the copy. THE COURT: It could be here. This is a sealed packag~ here that I never opened up. It was sent up to the Supreme Court. MR. ARMBRUSTER: Would you want to open it? We will open it, I am sure. THE COURT: We are making it part of the record here now anyway. In addition, you $id you had how many hours? -------------.-------- MR. ARMBRUSTER: I will give the items to the reporter. The items for Ross Armbruster, attorney's fees, as representative of the two minors, Richard C. Clarke, II 5 and Robert Hughes Clarke, who are little boys under four years old, or they were at that time, they are the child en of Richard C. Clarke, I, who is one of the sons of the testator, Ada M. Clarke, and as of February 29, 1972, a Petition for Attorney's Fees for Ras Armbruster. as attorney for these minors was submitted, which showed 50 hours of work, legal work, at $35.00 an hour, amounti~g to $1750.00; plus items for round-trip air fare, St. Louis to Pittsburgh, $92.00 in the year 1970, December" 1st and second; the Roosevelt Hotel, Pitt'sburgh, $22.21. And meals, $25.00; automobile rental, $30.0~;total of expenses-of $169.21, which added to the legal time of 50 hours, which amounted to $1750.00, made a total at that time of $1,919.21. This is the request, and I am not addin-g to it. Although we all know that I have spent a great deal more time as well as expense. THE COURT: ,MR. ARMBRUSTER: where. THE COURT: ' • . ·_,. here today? MR. ARMBRUSTER: How much was the_ expense of your book~? $216!30. {' ., I hav:~ the. bi_ll here some- ~~ .. • I How much was your airfare to come out Well;no;w,; i,t. was $92.00 three years ago; today it's $120.00. THE COURT: I think you are entitled to your out-)f- i; :!: z ~ ~ > Ill z z Ill D. z 0 .... C) z :t Ill ~ ::: ..: () a: .... Ill i5 .J ~ ~ 0 :1 .., :t 1-,.. N ui a: Ill .... a: 0 D. Ill a: .... a: :1 0 0 .J < u ii: "' 0 6 pocket expense. MR. ARMBRUSTER: I have a rented car. What I am askin ' ' for is some reasonable fe~~j N0w I read----I'm not a Pennsylvania lawyer, as the Court knows--I am an illi lawyer, but I went to the St. Louis County Law Library and I read the rules of Civil Procedure, and the matter of which the Orphans' Court has cognizance and juris- diction, and I can see there is a statement that the Court has the right to appoint a guardian ad litem at a fixed fee, and such things as that. It is essenti lly the same· as Illinois law • I had the idea, although I may not pursue it, that perhaps I should have been appointed guardian ad litem in this case; if there is any technic 1 problem, I had prepared an Order appointing me nunc pro tunc as of the first appearance in 1970. Mr. McCreight thinks, and I believe he is right, and it's the same in Illiois, that I can represent the children through the parents, as what we used to call next friend, prochein ami, or representing the natural guadi ns of the children. And so I don '.t find it a problem unless' the Court thinks as' a ·techllicai matter that an ' \ 1... ., • ~· 'II ' .. f order should be entered appointing me as guardian ad I li tern for these two little -boys. But I dm' t ask that J I I • ~ ~ . that be done,' unless'the Court thinks it should be done Maybe it do'esn' t have to 'be. done. e order if the Court wishes ~------------~----------------------------------------------- MR. MR. to use it. I will hand it up. I gave a copy to Mr. McCreight. I didn't have an extra. Did you sE:;e it, Dave GILMORE: No. ARMBRUSTER: I can get you a copy. It's a very simple order. It may not be necessary. And of course, whatever the Court wishes to do in that regard is perfectly satisfactory with me. I do have two exhibits that I should like to present here. One of them being the report of Dr. Paniagua regarding the serious,·.illness of the father, Richard C. Clarke, and ask that that be marked as the Petitioner's Exhibit l. .. ' F? THE COURT: What is the relevancy of that? MR. ARMBRUSTER: The father, Richard Clarke, is not able to pay my fees because he is unable to work steadily. And he is under a doctor's care. And his heart condition is worse than I'_;thought it was, according to this report. So the Coutt may feel that it should have been the obligation of the parents to pay me~ And then again, I don't know. That is up to the Court also. But I merely present that to show the condition at the present time of Richard Clarke. Then also, Mr. McCreight asked and I think properly, for a financial statement. And I have a financial statement of the parents. If that is pertinent I'd like to introduce thae. There is an Affidavit which I believe is on file already, in which " '' ... ---------------------------------------------------- 7 I Except I did make a request for $1919.00. But I say I ... will not add anything •. to tha.t. I could add a great deal ' f ~ f. .\, ' of ; . . . r • . . . .. ~ , . -·. • I . --; t . . . if· this estate were worth that. But I can't do that • And the·Court may think that $1900.00 is too much. And I would a·bide • by.·whatever the Court thinks is right. ~ ... ·' THE COURT.: ·What is. your bill at this point? . \ MR. ARMBRUSTER: This is in the Petition, if the Court please. It's itemized in the Petition. THE COURT: I haven't opened all this material up et. I feel sure that that is on file. MR. ARMBRUSTER: The items are at 50 hours of time, $35.00 an hour, which is $1750.00. I charged one trip to Pittsburgh or to Washington, $169!00. It costs more nowadays. THE COURT: MR. ARMBRUSTER: Tnat bill was rendered up to what date? Up to the date of February 29. That was a leap year, February 29, 1972. THE COURT: That was for $1919·"'·00. MR. ARMBRUSTER: Yes, $1919.21. And the original Petition is on file. I am reading from the copy. THE COURT: It could be here. This is a sealed packagG here that I never opened up. It was sent up to the Supreme Court. MR. ARMBRUSTER: Would you want to open it? We will open it, I am sure. THE COURT: We are making it part of the record here now anyway. In addition, you sid you had how many hours? MR. ARMBRUSTER: I will give the items to the reporter. The items for Ross Armbruster, attorney's fees, as representative of the two minors, Richard C. Clarke, II 5 and Robert Hughes Clarke, who are little boys under four years old, or they were at that time, they are the child en of Richard c. Clarke, I, who is one of the sons of the testator, Ada M. Clarke, and as of February 29, 1972, a Petition for Attorney's Fees for Ras Armbruster as attorney for these minors was submitted, which showed 50 hours of work, legal work, at $35.00 an hour, amounti~g to $1750.00; plus items for round-trip air fare, St. Louis to Pittsburgh, $92.00 in the year 1970, December" 1st and second; the Roosevelt Hotel, Pitfsburgh, $22.21. And meals, $25.00; automobile rental, $30.00;total of expenses of $169.21, which added to the legal time of 50 hours, which amounted to $1750.00, made a total at that time of $1,919.21. This is the request, and I am not add in 'g to it. Although we all know that I have spent a great deal more time as well as expense. THE COURT: How much was the expense of your book~? ' MR. ARMBRUSTER: $2;!-6~30. I have the bill here some- ,. ,, . ( ,• where. ' . THE COURT: How much was your airfare to come out here today? MR. ARMBRUSTER: WeJ.:l;no:w, it was $92.00 three years ago; today it's $120.00. THE COURT: I think you are entitled to your out-)f- r--·----------,,--------- 1 I I 1- 1- ~ z ~ ...1 > Ill z z Ill D. i 0 1-Cl z X Ill o( ~ IIi a: Ill 1-a: 0 D. Ill a: 1-a: :J 0 u ...1 < u ii: II. 0 6 pocket expense. MR. ARMBRUSTER: I have a rented car. What I am askin§ for is some reasonable fe~~~ N0 w I read----I 1m not a Pennsylvania lawyer, as the Court knows--! am an illirois lawyer, but I went to the St. Louis County Law Library and I read the rules of Civil Procedure, and the matter~ of which the Orphans' Court has cognizance and juris- diction, and I can see there is a statement that the Court has the right to appoint a guardian ad litem at a fixed fee, and such things as that. It is essenticlly the same as Illinois law. I had the idea, although I may not pursue it, that perhaps I should have been appointed guardian ad litem in this case; if there is any techniccl problem~ I had prepared an Order appointing me nunc pro tunc as of the first appearance in 1970. Mr. McCreight thinks, and I believe he is right, and it's the same in Illiois, that I can represent the children through the parents, as what we used to call next friend, prochein ami, or representing the natural guadi< ns of the children. And so I don'~ find it a problem unless· the Court thinks as a:·techllical matter that an \. ..~· -. ' ' . . ' ( order should be entered appointing me as guardian ad i .. . . litem for these two little boys. But I dm't ask that ' . : i that be done; unless.the Court thinks it should be done Maybe it do'esn 1 t have· to "be' done. --·-------------t----------------------------T~h~l~~lv~·p~t.~~-h~e~o~rLd~erL~·~i~f~t~h~e~C~o~u~r~t~w~i~s~h~e~s~----- to use it. I will hand it up. I gave a copy to Mr. McCreight. I didn't have an extra. Did you see it, Dave~ MR. GILMORE: No. MR. ARMBRUSTER: I can get you a copy. It's a very simple order. It may not be necessary. And of course, whatever the Court wishes to do in that regard is perfectly satisfactory with me. I do have two exhibits that I should like to present here. One of them being the report of Dr. Paniagua regarding the serious;~illness of the father, Richard C. Clarke, and ask that that be marked as the Petitioner's Exhibit l. THE COURT: What is the relevancy of that? MR. ARMBRUSTER: The father, Richard Clarke, is not abl~ to pay my fees because he is unable to work steadily. And he is under a doctor's care. And his heart condition is worse than I~thought it was, according to this report. So the Coutt may feel that it should have been the obligation of the parents to pay me~ And then again, I don't know. That is up to the Court also. But I merely present that to show the condition at the present time of Richard Clarke. Then also, Mr. McCreight asked and I think properly, for a financial statement. And I have a financial statement of the parents. If that is pertinent I'd like to introduce thcre. There is an Affidavit which I believe is on file already, in which 7 the father and mother say they can not pay me. And I believe that is in the Court file. I won't dwell upon that. I think the financial statement shows that. The fact that the man is not able to work steadily, I don't have any kind of a record to present on that ' .except: my·S:;.atepent that .. he was 11ot working at all from December ·~ritil 'April,, a-Ad now he ha~ beeri working some, but he had a recent heart attack again. So if that is .. · ·, pertinent, I 1d like ~o ask,those to be introduced and ask the Court, i~ ~ts. disc~etion, to grant me such fees and expenses as would seem proper under the circumstances. MR o McCREIGHT: I yield to none, Your Honor, in my admiration of the hard job that Mr. Armbruster has done, and in his present generosity towards his client. The problem that I am confronted with as attorney for the executor and trustee is the problem of Pennsylvania law, which is that the general rule is that an attorney must look to his clients for the payment of his fee. And there is an exception which permits an attorney to be paid outof a fund which he has either created or has protected by his efforts, even by adversary litigation, and that is well established by a long line of Pennsylvania cases. THE COURT: In e'ffect, was he protecting the fund for the unborn, you could say beneficiaries? MR o McCREIGHT: Yes. If we view it that way and say that he was protecting their fund, then we are confrontec with the problem of where is the fund, under the terms of the Will. Because the unborn beneficiaries do not have an undivided interest at present. That is his clien s do not have an undivided interest at present in the fund His efforts have not protected the fund as a whole, the :. trust res. The ~ost that ere can say that his efforts , • ·~ ~ 0 J • : , ol _;., I ~ • _ ~ , f i 1 ~ 1 hive benefited·his owh cl~ent, and will, at the most, entitle them to be among the _parties whom the trustee maY assist financially .,:·But, until the young ESt of the beneficiaries attains.the age. of 25, there is only one •• • • t I I fund; and I think it is significant that at the conclusic n of the Supreme Court's decision in this case, the costs wer.e not placed upon the estate, but were placed upon the parties. And I think th~s was an implied recognition of the general rule that the fund may not be used to pay the counsel fees of claimants to it. Now as I suggested in the previous argument before Your Honor on this, the one solution that occurs to me is that it might be argued th~under the terms of the Will, the beneficiaries who are now entitled may need financial assistance. And the trustee has discretionary power to grant them assistance for their welfare. But if the approach is made that way, it seems to me that the application should be made initially to the trustee 9 .. 10 and not to the Court, and that the mattet will come before the Court only on the question of abuse of discretion. I might say that the trustee would far rather have the Court decide this question. And this suggestion to the trustee was not received joyously, but under the present Pennsylvania law, it appears to me that this may be the only solution. Now we did find in our reading one exception to the general rule, and that is quoted in part on the second page of the Brief, Stuckey Estate in Dauphin County. Here the attorney who represen~ed a lifE beneficiary who had sought·to increase payments to his . + .• cliep.t was.paid· o-qt of the. furid~ 'Arici..the Court said, in effect, that it would set a precedent contrary to thE ' general rule, and ~hen qid state that this was an 4 1 '· unusual circumstance case and awarded counsel fees • ' . on grounds of unusual circumstances. Possibly there is an unusual circum- stance exception which is created by this case and perhaps by other cases which are unreported. But the general rule it seems to me is clear. And for this reason, it would seem to me that Mr. Armbruster stands really in the same position as Mr. Gilmore. Mr. GilmorE was paid by his client. Mr •. Gilmore was paid for his early services as guardian ad litem under the specific authoritative statute providing power of the Court to d< 11 that. But for the services after his client became of age, he charges his client and was paid by his client. Now Mr. Armbruster has not been a guard an ad litem. I doubt under the Pennsylvania law that he could be appointed guardian ad litem. In any event---- THE COURT: Why do you doubt that? MR. McCREIGHT: Because he is not a member of the Bar of Pennsylvania, Your Honor. I must admit I haven't checked the specific point, but I am inclined to think that there is a rule covering that. But in any event, he has throughout this litigation been representing these children as attorney for their parents. There is really very little more that I could add. I agree that Mr. Armbruster has done extraordinary and excellent services for his client. I agree that an attorney should be paid. I don't quite see the way out of the tangle created by our law. MR. ARMBRUSTER: Mr. Giilifuore, do you wish to say anything? MR. GILMORE: No, except to say that this probably should have been straightened out at the very beginning. And at the time I did bring it up with then Judge Marino. (At the direction of Mr. Gilmore, off-the-record discussion was not 'recorded by the stenographer). ' . • .J -t ' .. ,, " ···': 12 THE COURT: We ought to research the law very quickly here and find out whether or not I can appoint him as a guardian ad litem nunc pro tunc. I think that would be a solution. And let's recess for about ten~nut~s and let me go into the books and see what I come up with. MR. McCREIGHT: I might say if you can, that would really help the trustee. R!_ E C E S S MR. McCREIGHT: Your Honor, on the basis of research done partly on the elevator while we were stuck on it and mostly down in the law library, I think two statemerts that I made are incorrect. One is that I suggested tha a guardian ad litem has to be a member of the Bar, and I think that is incorrect.·So as far as a member of the Bar of Pennsylvania, I think it follows that that is no necessary,that the guardian ffBd not be a member of the Bar. THE COURT: I'd like to go on the record here. It seems to me that there are several sections of the law here that we should refer to. First, the decedent's Estate and Fiduciaries Act and we have the latest edi t-iori n here of the Annotated Law, which app3 ar s in Purdons 751, sub-section 5. It gives the Court the right either on petition or on its own motion, the right to appoint a guardian or a trustee ad litem for f'' J-"' ., , .a person ·not sui 'juri's •. -· .'As· ··I unders'tand it, your two ,------------ - clients were not sui juris. They are under the age of lb. MR. ARMBRUSTER: They are ~ow four and five. In the be ginning they were only born. THE COURT: That would be sub-section one under fi e. Also, sub-section four also gives me a right to appoint a guarlian ad litem for unborn or unascertained persons upon the Court's motion or by Petttion. Now Section 752 of the Decedent's Estate and Fiduciaries Act gives the Court a right to compensate the guardian ad litem by reasonable fees, and the Court can direct payment of these fees from any source that the Court shall direct. That is under sub- section 752, Section 5111 of the Act; it indicates where the Court can go to find a guardian and there is no inhibititb:ri against a guardian being an out of state person. And 5112 in particular indicates that parties who cannot be qualified as guardians of the estate of a minor and an out of state person who is sui juris is not one of those persons. In addition, 5165 bears on the matter. So the Court is apparently, under all these circumstances, given the right to make such an appointment on its own motion if the Court feels such is advisable and under the latest Orphans' Court Rules promulgated from the Supreme Court, I am reading from the 1975 Edition, Section 12, Rule 4, which deals with the appointment of a guardian ad litem or trustee ad lit~m, 13 r-----------~--------------------------------------------------- the rule as promulgated by the Supreme Court says, and I quote the relevant portions, it says, 11 0n petition of the accountant or any party in interest, or upon its own motion, the Court may appoint a guardian ad litem to represent a minor or an incompetent not represented b a guardian or a trustee ad litem to represent an absente , a presumed decedent, or unborn or ~nascertained persons 14 not already represented by a fiduciary, unless the Court considers that the interests of such persons are adequat~ly r~pre.sented. 11 . , . . I ,~ ~ f ~ ~ )' .Aga~IJ-·,,.rp.;y ,rese~rsh:here indicates ttat .. • t • ( ' .... $ ... there are no inhibitions set forth in the Orphans' Court Rules which would p_revent me from appointing Mr. ,. < •J Armbruster as the guardian of these children, as well . . . ' t . . as the guardian :'cif",the· o'ther-· unascertained or unborn beneficiaries. So it would seem to me that I could do this on my own motion, if I should wish. Under these circumstances, I think as a matter of fairness, that Mr. Armbruster has contributed a tremendous amount of time and effort to unraveling the complexities of this case. I also take into consideration the fact that----have you gentlemen seen this financial statement? MR. GILMORE: Yes. THE COURT: The parents are apparently unable to provide any attorney's fees for Mr. Armbruster. So it seems that as a matter of fairness, we ought to compensate him. Ithink he's been more than fair in the ~rendition of ·the bill, almost to the point of self sacri fice on this whole thing. I would have to say that I 15 will appoint a guardianon the motion of the Court. I don't think that I can do it on your moti~ Mr. Armbrust r. MR. ARMBRUSTER: Perhaps not. THE COURT: For the reason, the reason why I can't do it is because I am prevented from doing it on your motio because the Supreme Court Orphans' Court Rules under the Special Petitions indicates that you have to petition in a' c:ertain manner and set forth certain allegations which . ( ' · ;,yo:q liaven!t s'et·· forth ·here. For ~xamp';l'e, you have to set forth the,name, address and age of the minor, his relationship if any ·to the ~ettlor, the interest of the r I • , 4 minor, various clauses of the petition have to be writte • . ' MR. ARMBRUSTER: ·I understand and I agree with the Cour ~ on that. THE COURT: I have to set up a special hearing to hear the proof of the allegations of your petition. In order to bring those people from Illinois wouldn't be in the best interests. MR. ARMBRUSTER: I would like to withdraw my own motion and order. THE COURT: If I were to make this order on my motion rather than your motion, because there is nothing here to prevent me from doing this. I don't have to have -----------~~---------------------------------------------~------------~---- ---_ ____.. ______________________________ _ 16 any special findings except my knowledge of this case, having been the Judge here and written an Opinion in reg~rd to it, and having heard arguments in regard to this matter, I think I am in a position to know what the problems are. So I think what we are going to do, on the motions of Court, the Court will appoint Ross Armbruster----what is your middle name? MR. ARMBRUSTER: I don't use a middle initial. My name is long enough as it is. THE COURT: We appoint Hoss Armbruster guardian ad literr and for Richard C. Clarke, II,/Robert Hughes Clarke, both of whom are minors; and further, the Court appoints the said Ross Armbruster attorney ad litem for the unborn and unascertained beneficiaries of the Estate of Ada M. Clarke, deceased. MR . ARMBRUSTER: Is there any merit, Your Honor, to saying this should refer back to the date of the first ' I k,. Jt ·~ J -~ , ~ • I j Iii' r ... ~ • : ·~ At. • i .; . . ·appea:r~nce 'of the ·mlnors, a so-called nunc pro tunc order,if such a thing is necessary, and if not, it's just a suggestion ... · THE COURT: I.don't think it is necessary here in this case. I think that might complicate matters. I think it says here in the RU:le3 that I can': specify the period in which you will act. I can say without nunc pro tunc that you have, in flct, acted and are acting in all matters pertaining to the Estate of Ada M. ,--------------.r----------------- Clarke, deceased, and to protect the litigation which has been undertaken by you as attorney on behalf of Richard c. Clarke, II, Robert Hughes Clarke and any 17 unborn or unascertained beneficiaries. I think that will be the best•,, way to handle this. Do we have any comment fro the·other attorneys or exceptions? MR. McCREIGHT: No, Your Honor. I think this is a very good absolution of the problem. THE COURT: What about you, Mr. Gilmore? MR. GILMORE: No comment, other than the Court might consider that I was originally appointed by the Court as guardian ad litem. THE COURT: I think you can present whatever bills you haveand I will consider them. Do~u have anything in mind at the present time while everybody is here and while he is still here in the jurisdiction? MR. GILMORE: $96Q;OO;: that represents $600.00 fee I charge for taking the appeal and~3~0~04 costs for reproducing the record and Briefs. THE COURT: Is it even mm ey? MR. GILMORE: I'd haveto check my file. THE COURT: You are not going to argue over a dol~ar. MR. GILMORE: I have been paid, so I would just pas~ it on anyway. THE COURT: I think in all fairness, you should bE paid. .• : .,~ MR. McCREIGHT: Do you·have any objection to that? MR . ARMBRUSTER: No, I have no objection at all. THE COURT: You have been duly appointed right now guardian ad litem. So you can speak. MR. ARMBRUSTER: Yes, Your Honor. I am perfectly in agreement that Mr. Gilmore should be reimbursed and such others that might have to be paid. THE COURT: Also he should be compensated in addition to being reimbursed, as well as reimbursed for monies. MR. ARMBRUSTER: Yes. THE COURT: Do you agree, Mr. Armbruster should be fairly compensated and reimbursed for any out-of- pocket expenses? MR. GILMORE:: Yes. THE COURT: I think it's only right, Mr. Armbruste~ should get his out-of-pocket expenses since 1972. He's donated his services from 1972 up to the present time, which has been substantial. And I know he's argued the case before me, he's presented Briefs here; he also argued the case before the Supreme Court of Pennsylvania and presented Briefs·, to them. Am I right? M~. ARMBRUSTER: I did not appear personally, Your Honor, but I did present good Briefs. THE COURT: Under all the circumstances, I will make the following Order: The Court, at this time, I upon consideration of all of the various papers filed _______ _,r-------------------------------------~--- I ,-------------.r--------------------------------- :! z o( > .J >-Ill z z Ill II. i 0 ... C) z X Ill o( ~ ..: u a: ... Ill 0 .J ~ u 0 :J ., :t 1-r-til IIi a: Ill ... a: 0 II. Ill a: ... a: :J 0 u .J ~ 0 ii: "' o· 19 in this case, including a Supplement .. to the Audit Petitim, f.iled by the Mellon Bank, N. A., as well as an oral I' '• application for ·fees filed by M:i:-'. Gi'lmore, who is the guardian ad litem of Evan, Margot,Claudine and Jean Clarke, and,,upon· th~ consideration of oral application for fees filed b~_Mr. ~oss Armbruster, who is the guardian ad li.terri :r'or ·Richard C. Clarke, II, and Robert· Hughes Clarke, minors, as well as unascertained and unborn beneficiaries, NOW, THEREFORE, the Court, after entertaining all of said motions, will make the followin~ Order: The Court will award the sum of $500.00 to Mellon National Bank & Trust Company as a compensation for services rendered during the last four years. Secondly, the Court will award to the law firm of McCreight, Marriner & McCreight the sum of $230.50 of which $225.00 is allotted to fees and $5.50 is allotted to costs. The Court will award to Ross Armbruster the sum of $1919.21, which includes costs and fees rendered to the estate up to February 29, 1972. And in addition thereto, will allot the sum of $216.30 as costs for printing and $120.00 for transportation for a total of $2,255.51, which will be awarded to Ross Armbruster, guardian ad litem for Richard C. Clarke, II and Robert Hughes Clarke, minors, and for the representation of unborn and unascertained bene- ---------~------------------------------------------J--- 20 ficiaries of the Estate of AdaM. Clarke. In addition, the Court will award the sum of "$96·o.ooto Mr. Gilmore as attorney for ·Evan, Margot, Claudine and Jean Clarke. MR. McCREIGHT: I hate to be in the position of opposi~g good lawyers attorney's fees, but I must confess I now find myself in serious doubt as to the award toM~ Gilmore. THE COURT: You mean because of the fact these wer~ sui juris at the time? MR. McCREIGHT:. Yes. The amount that is being awarded to him here is an amount which he has already been paid? by:, his clients, so that the effect of the award is simply to give reimbursement to his clients. But Mr. Gilmcire was repre~enting them a~ ~dults. His services ' I -~ " "' f .,. l as guardi'an' were previously paid r'or',' ~nd I don It think that the same theory which is being applied to Mr. Armbruster· wo:uld a"ppiy, to :Mr. Gilmore. THE COURT: MR. ARMBRUSTER: to be of help of the age of to 25 Let m~ take.a 1 look at the law. May I say something_on:.that, just the Court? The Will, you know speaks years and I don't think there may be any magic to Margot or any of these people arriving at the age of lb or 21. The discretion of the trustee is very broad. I merely say that---- THE COURT: I think the Court probably could pay this under Section 7 52. I will read it. It says, "Any person appointed by the Orphans' Court Division as a Master, .Auditor, Examiner, Guardian .Ad Litem or Trustee .Ad Litem shall be compensated by reasonable fees fixed b 21 the Commission." I think inasmuch as we haven't discharg~d him from his original appointment, I would suppose that we can continue his appointment up to the time of his discharge and pay him such fees as may seem reasonab e. I think that these other people should not be victims of discrimination in the fact that they attained the age of lb or over prior to the consummation of this litigation~ I think they, in good faith, were relegating fully believing that they had a real worth-while positioP. and I think Mr. Gilmore's fees are very reasonable. MR. McCREIGHT: I have no quarrel with that at all. THE COURT: I will protect. the bank by recognizin§ •"' the fact that ~ou are ·excepting. . I' I I j -. . , ~. ~·· .. ' ' MR: McCREIGHT: The logic of this Brief, I think, would go against' Mr. Gi1more now. I , "'" , , THE COURT: '. · I think I can go into the exceptional circumstance e~ceptions·~ere. MR. McCREIGHT: I would like to note it on the record if the record doesn't show it, that I haveraised this question. THE COURT: I think you should because you have a job to protect the trust res under the circumstances • .And we cer-tainly think that Mr. Gi~more's services ough~ to be urotected~ ought to compensated for under the 22 circumstances; e~pecially there should be no discriminat on against his clients, merely because one, they are solvenv, and two, they have attained the age of majority. In other words, I think there would be discrimination againjt them to give the one side attorney's fees and not give his side attorney's fees. MR. McCREIGHT: I understand that. (At the direction of Mr. McCreight, off-the-record discussion was not recorded by the stenographer). THE COURT: My order will stand and an exception is · noted to protect the record as far as you are concerned. MR. McCREIGHT: The only thing that remains is to hand down a Decree of Distribution, a Schedule of Distribution, Your Honor, and this will involve determina- tion of Inheritance Tax. THE COURT: You will do this at your earliest convenience. MR. McGJreight; This was filed under the old rules, Your Honor. THE COURT: You won't be prejudiced if it was filEd under the old rules. You don't have to pay any extra "fees or any~hing.' of. that nature. ~f, you ,delay it under ' '· the new setup, you lose some money. MR. McCREIGHT: I understand. What I am getting at, ' I '. I , is do you wish us to go ahead and prepare the Decree under the ·.:new rules and calculate the taxes? . THE COURT: 1 " • i * ~ . I think 'th'at ·would ·be better~~ at your option. HR. HcCREIGHT: ' ' The l;oank has b~en spending money as ' . trustee and this worries .them. t • THE COURT: Let 1 s put this on the record, that the trustee is directed to file an accounting. ~ HR. HcCREIGHT: > .J The accounting has been filed. 23 >-Ill z z ... THE COURT: And a Petition for Distribution at the r 0. i 0 I-C) z :1: Ill convenience and also pay any outstanding taxes that have to be paid. ; HR. HcCREIGHT: Your Honor, we have filed everything. What remains to be done? t THE C OUR T: 0: I-III o HR. HcCREIGHT: All that remains to be done is the .J < u 0 ::J .., X .. ,... N ui a: ... 1-a: 0 0. ... a: 1-a: ::J 0 u .J < u ii: II. 0 Schedule of Distribution, the Adjudication and Decree, ~~ich would involve a calculation of Inheritance Taxes. THE COURT: Whatever papers have to be filed, you will file them. You can mail Hr. Armbruster and Hr. Gilmore their money in due course, through the trustee, of course .• (Proceedings Closed) r ' " ~ .. '" f 41 ~ I ' ' ., . ' :.t J. • ·, .. ' I ' I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the hearing of the above cause, and that this copy is a correct transcri·:·pt of the same. The foregoing record of the proceedings upon the hearin of the above cause is hereby approved and directed to be filed By the Coui:.t·, ---·-----------· ~----··· . I ~~ ( ' -~-,----~~---~--~-~--- IN THE COURT OF COMMON PLEA OF WASHINGTON COUNTY, PENNA Orplians lVlSlOll IN RE: ESTATE OF ADA M. CLARKE, Deceased. n·R·n·"E·R '-' ORPHANS' COURT DIVISION (COURT OF COMMON PLEAS) WASHINGTON, PA. I VOL 1 z Lf PG 513_1 ~2 ------------- ~u t!Je arnurt nf arnmmnu ltfltns nf llttslJiugtnu arnuuty. Jeuusylttttutn ®rp4tttt!i. arnurt ltntsinu ESTATE OF No. 63-70-517 Ada M. Clarke, a/k/a Ada. McCoy Clarke, deceased lnthematterofthe First and Final Account of Mellon Bank, N .A. Executor ADJUDI~TION AND DECREE An now . August 7 "="" , 1975 , this matter came on for hearing, ciudit and distribution of this session and testimony taken; and thereupon, upon due consideration there5f ~7tpeif1alance for distribution in the hands of the Accountant is determined to be $ 3 ' • and· the account is accordingly confirmed; and it is ordered, adjudged and decreed that the said balance be paid out by the Accountant in accordance with the schedule of distribution hereto attached and ·made a part hereof, unless exceptions hereto, be filed sec. reg. or an appeal be taken herefrom sec. leg. ·~ ' SCHEDULE OF DISTRIBUTION Balance per account ______ ---'''-----·-------1 Additional Debit-Audit Additional credit-Audit ' Additional Debit, S~pplemental Audit petition Additional credit, Supplemental Audit petition Balance·---------------------1 Deduct Clerk's Costs & Receipts _____________ _ 301.73 153.49 6,722.19 2,543.80 51.00 $ 31.250.78 31,5~2.51 31,399.02 38,121.21 $ 35; 51'7 ·41 35,526.41 J Attornet1cCreight, Marriner & McCreight 1~7:-t:: ~~ Russell Marino, Agent Transfer Inheritance Tax Balance $24.23 Int. To 8/12/75 5.82 Mellon Bank, N,A,, per Court Order McCreight, Marriner & McCreight, per Court Orde plus $2,50 filing fee reimbursement Ross Armbruster, Esq., guardian ad litim for Richard c. Clarke 11 and Robert Hughe Clarke, minor, p4;,r Court Order David Gilmore, Esq., per Court Order Margot Nease Clarke, assignee of William N. Clarke and Richard c. Clarke, diamond ring in kind at appraised value Mellon Bank, N. A., Testamentary Trustee, in trust under Paragraph Third of the Will of Ada M. Clarke, until such time as the youngest living gr.9ndchild of Ada M, Clarke attains the age of twenty five years, in accordance with Court opinion, accountant to be credited with prior advances. 30.05 500.00 233.00 2,255.51 960.00 300.00 r 247 ·e~ ~· ' .. ::;) ~"'·C, 35,496.36 34,996.36 34,765.36 32,507.85 31,547.85 31,247.85 No balance .... ~ 0 ~ :J z -p m n ..... "!JP (/) 0 :r ..... C-C1> 0 :J 3 ~' ..... t:Y Cll ..... 0 ~ • 0 0 ::1: ·--C1> "' ... ..... 0 t"\ -~ ..... :r ::t. C1> t 0 = .. ~ & ' ··. ~-. Ud +"!) ,. %:.1 !;· ,. -. ··("; ,;:;. IN THE COURT OF CO:tviMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE:· ESTATE OF ADA M. CLARKE, Deceased. 0 ) ) ) ) No. 63 .. 70 .. 517 ) ) ) R·D E R AND NOW, this 30th day of June, 1975, upon consideration of all of the various papers filed in this case, including a Supplement to the Audit Petition filed by the Mellon Bank, N. A. as well as an oral application for fees filed by David Gilmore, Esquire, who is the guardian ad litem of Evan, Margot, Claudine and Jean Clarke, and upon the consideration of oral application for fees filed by Mr.Ross Armbruster, who is the guardian ad litem for Richard C. Clarke, II, and Robert Hughes Clarke, minors, as well as ~unascertained and unborn beneficiaries, NOW, THEREFORE, the Court, after entertaining all of said motions, will make the following ord~r: The Court will award the sum of $500.00 to Mellon Bank, N. A. as a compensation for services rendered during the last four years. Secondly, the Court will award to the law firm of McCreight, Marriner & McCrei1ht the sum of $230.50 of which $225.00 is allotted to fees and $5.5' is allotted to costs. The Court will award to Ross Armbruster the sum of $1919.21, ~hich includes costs and fees rendered to ' the estate up to February 2~, 1972. And in addition thereto, the Court will allot the sum of $216.30 as costs for printing and $120.00 for transportation for a total of $2,255.51, which will be awarded to Ross Armbruster, guardian ad litem for Richard .Cl Clarke, II and Robert Hughes Clarke, minors, and for the the representation of unborn and unascertained beneficiaries of the Estate of AdaM. Clarke. By the Court, /~~~ • •' / ... . _. .. Court of Common Pleas Orphans 1 Court Division IN THE MATTER OF THE ESTATE OF AdaM. Clarke, a/k/a ~ IN THE WASHINGTON COUNTY, PENNA. t -----·----J --~---DJS:CEASEO: 63-70-5l7 NO. I A",ri::~ Mrl:nv C:larkP I, Margot Nease Cl~rke, as signee· of William N. KNow ALL MEN ev THESE PRESENTS, THAT Clarke and Richa~d· C. Clarke, Mellon Bank, N .A~., DO HEREBY ACKNOWLEDGE TO HAVE RECEIVED FROM ~~X~ ExeCUtOr oF THE EsTATE oF Ada M. Clarke, a/k/a Ada McCoy Clarke DECEASED. THE suM oF Three Hundred and no/ 1 0 0 - - --------- - - --- - - - - ---- - - - - - - - - - 3 0 0 • 0 0-- - - - - --· ($ ) DOLLARS IN FULL OF THE AMOUNT AWARDED ME UNDER THE DECREE OF THE ORPHANS" COURT OF. WASHINGTON COUNTY, PENNSYLVANIA MADE 63-70-517 ATNO. ___________________________ , WITNESS MY HAND AND SEAL THIS 23 DAY OF 4-~ 19~. Wo;NESS C?~ k o/ck= ~vn~ '1:!uM__ ~ M got Nease Clarke Diamond Ring at appraised value w. !282 ~ \_~ NO. ~3~70-517 • .. ORPI)IANS' COURT ESTATE OF AdaM. Clarke, a/k/a Ada McCloy Clarke DOCKET ~AdE '! RECEIPT FROM ) ) . ) 1\4argot Nease C~arke, .assignee c;;{ William N. Clarke and · ' -, . ·. ) Richard C. Clarke TO. Mellon Bank, N .A., Exe.cutor FILED 19 __ ~;o l>f'Tl::O (/)G)C: :r: -(/') z U> en . -l ...... r:' . ~· •'') :,.c --:-:: ~·T-.--..,,__ (") ' ;~ 0 ::E ~,; r----""Ur-;;;::: l> cr. C• "' -, -.! t.n -C.."l r"r1 r--o -rr~ co 0 -o ... :::::: t..v c:;:, '"'-'- Court of Common Pleas Orphans 1 Court Division IN THE MATTER OF" THE ESTATE OF AdaM. Clarke, a/k/a } IN THE WASHINGTON COUNTY, PENNA, Ada McCov Clarke NO, 63-7Q..;5)7 DECEASED: KNow ALL MEN sv THESE PRESENTS, THAT McCreight, Marriner & McCreight Mellon Bank, N .A., es DC/HEREBY ACKNOWLEDGE TO HAVE RECEIVED FROM ExeCUtOr oF THE EsTATE oF Ada M. Clarke, a/k/a Ada McCoy Clarke oEcEAsEo. THE suM oF Two Hundred Thirty-Three and no/ 100----------------------($ 233.00-------J DOLLARs IN FULL OF THE AMOUNT AWARDED ME UNDER THE DECREE OF T.HE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA MADE 63-70-517 AT NO. ____________________________________________________ __ WITNESS MY HAND AND sEAL THis 11-ltk DAY oF August 19_7_5_. WITNESSiJLL(A/tut_ /{ ~ti!Y McCreight, Marriner & McCreight Award per 6/30/75 Order Costs on 6/30/75 Order w. 8282 $230.50 2.-50 $233 .oo ~ e 222~&-"ytfr---.. ~~ ~ \_~ ~ 0 if) _j z __J ('V'I -·--. a.:: 3: ' -..,~l -· ::t:_, !J-. 0.... ... <:.~~ 0 ~-·. ·-0::::: __; •. LU • .u t- (J) (.f) ·c::... (./) -__j u.J :::> 0 tn w 0:: I.I) 0.:: Ll-r-'\, ... .. I <t 0... 0 C.' 7 ·~----. ~-z -:c (f) <t ~ I -s,-----------a3,1.:1 [.il 0.1 WOH.:I .[dl303~ ( ·. (. l:-.----~---3b~d--------.L3~~oa _} C'4.10f3 ''Q=-~ opv t~J'f/0 ·~3 .-R •tr [ . .:JO 3J. V .LS3 ( .L~noo .SNVI:fd~O ltS-Gt•t=t:--, --·oN· --Court of Common Pleas Orphans i Court _Division IN THE MATTER OF THE ESTATE OF, AdaM. Clarke, a/k/a } IN THE J§~~ WASHINGTON COUNTY, PENNA. I Ada McCo}': Clarke NO. 63-70-517 DECEAS,ED: KNOW ALL MEN BY THESE PRESENTS, THAT I, DAVID GILMORE, .ESQUIRE, Mellon Bank, N .A., DO HEREBY ACKNOWLEDGE TO HAVE RECEIVED FROM X~~~: __ __:E=·X=e::....:::C:..:U=t:.:O:..::::i;L. _:__~ ___ __:_ __ OF THE ESTATE OF. Ada M. Clarke, a/k/a Ada McCoy Clarke DEcEAsED. THE suM oF Nine Hundred Sixty andno/100----------------------------960.00-------------------------~--------------_______________________________ ($ )DOLLARS IN FULL OF THE AMOUNT AWARDED ME UNDER THE DECREE OF THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA MADE ATN~ 63-70-517 W•TNESS MY HAND AND OEAC TH'O Jt 4 DAY 0' a-~...... ,f j WITNESS __________________________ _ w. fl282 ~ \_~ -NO. 63'-70-517 .--=..,~----- '<, '·l .; ORPHANS' COURT )_ ESTATE OF AdaM. Clarke, a/k/a Ada McCoy Clarke DOCKET PAGE ) -I I RECEIPT FROM David Gilmore, Esquire TO _) Mellon Bank, N .A., Executor -I •) FILED 19 __ ~ <: :::E;o l>rrt::tl cn0c: ::x::-(1) :::; (/) (n ;-:: ::::: !:~ I .. ;-- ~~~ 0~~ o<~ : rz ~ro l>~- "" ' " .. 'l -...J c..n (/) r 1'"'1"1 -o_ n-i co CJ -o .. :.:r (J..) c.:::> i"'... ~ 'l IN THE MATTER OF T,kH~ ESTATE OF AdaM. Clarke, atJ ta . A'da McCoy Clarke ~?.ECEA~ED: } Court of Common Pleas Orphans 1 Court :qivision IN THE WASHINGTON COUNTY, PENNA. ; NO. 63-70-517 I, Ross Armbruster, Esquire, Guardian ad litem KNow ALL MEN BY THESE PRESENTS, THAT for Richard C. Clarke-, II, et al Mellon Bank, N .A., Executor, DO HEREBY ACKNOWLEDGE TO HAVE RECEIVED FROM ~XIC~~I/I'.JM'aa.. ________________ _ oF THE EsTATE oF Ada M. Clarke. a/k/a Ada McCoy Clarke DECEASED. THE suM oF Two Thousand Two Hundred Fifty-Five and 51/100---------2 255.51------)DOLLARS ($ • IN FULL OF THE AMOUNT AWARDED ME UNDER THE DECREE OF THE ORPHANS' COURT OF WASHINGTON COUNT'(, PENNSYLVANIA ·MADE ATNO. 63-70-517 11 . .-rh WITNESS Mv HAND AND sEAL THis DAY oF August 19~ • w. 8282 0~~~ $1.~.21 216.30 120.00 $2,255.51 .02~ ~V'~ -~NO. 63..:70-517 ----- ORPfiANS' COURT ESTATE OF AdaM. Clarke, a/k/a Ada McCoy Clarke DOCKET ~AGE._~---- 1 RECEIPT FROM . ) Ross Armbruster, Esquire, Guardian ad lite:tn for Richard G. Clarke, II, et a.l TO ' -I _) Mellon Bank, N .A. 1 Executor FILED ~q ~~ I 19_ .. ~ -.J CJ'1 ::!: ::::0 ;o (/) r-- )> rn c: rt"'l 1 en ~ (/) -.:::~ .... r :r: (f) (.") l t -_. ~, -t :z: ~ ~:. co ...--;: 0 0 ' • '·-" -·· --. ~ 1 :~;: ~ 0 ...;: ·~· (J..) 0 -----l:z. -oro c:::;) l> (f) iV 'J ., > ., r---------------------------------------------------------------~------- ) Court of Common Pleas Orphans• Cour~ Division IN THE MATTER OF THE ESTATE OF Ada M. Clarke, a/k/a } IN THE WASHINGTON COUNTY, PENNA. Ada McCov Clarke r·-~ DECEASED: NO. 6 3 - 7 0 - 5 17 .) Mellon Bank, N .A., Testamentary Trustee under KNow ALL MEN ev THESE PRESENTS, THAT Will of Ada M. C!arke, Deceased· ~s MellonBank, N.A., DO/HEREBY ACKNOWL.EDGE TO HAVE RECEIVED FROM ExeCUtOr ' . ----~A~d~a~M~~·~C~l~a~r~k~e~·~a~/~k~/~a~A~d~a~M~c~C~o~yL_C~l=a~r~k~e ______________ DEcEAsED, THE suM oF OF THE ESTATE OF_ Thirty-One Thbusand Two Hundred Forty-Seven and 85/100----c531,247.85-----rDot.t.ARs IN FUL.L. OF THE AMdUNT AWARDED ME UNDER THE DECREE OF THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYL.VANIA MADE '63-70-517 ATNO·-------------------------------------------------- WITNESS MY HAND,AND sEAt. THis ~rt:Jdu DAY oF August .) Mellon Bank, WITNESS ~U/ vS ~ Will of Ada B··· See Over· W.ll282 resident Trustee under ~ \_~ . • < NO . 63'-70-517 . ' I ORPHANS' COURT I ~ ESTATE OF AdaM. Clarke, a/k/a Ada McCoy Clarke ~ 'l DOCKET PAGE --. I ' ' ) RECEIPT I ~ ~ -I FROM . I I ' Mellon Bank, N.A.1 , Testament<: • I ~ Trustee under Will of Ada M. Clarke, De-ceased TO ' J Mellon Bank, N .A., Executor FILED 19_ 31 I L/1 Principal Cash advanced Principal Cash Income Cash advanced Income Cash .. ---.l (J.1 ::E:;:o >rn:::o C/) (/)G')C: • rM -(/) ""'l:l_ :c (f) (n z .... r'f! ·---""'!'""': :· c:o . · .. :·_· :- .. -~J t.=') --o L ., :::: :c;,'C ('") -:: ~~ 0:::::::::: (..o.) r """Y ry ~ -o r c>-· c:::l l--~ (/) N $ 5,500.00 18,568.98 3,000.00 4,178.87 $31,247.85 _, l ! r rn C.1 ... • . - IN THE MATTER OF TJ:IE/ESTAT£ OF Ada M. Clarke, atk a . 4da McCoy Clarke DECEA1SEO: } Court of Common Pleas Orphans 1 Court J:?ivision I IN THE WASHINGTON COUNTY, PENNA. N~ 61-70-517 KNOW ALL MEN BY THESE PRES~NTS, THAT ___ M_e:-.l=l:..:o:..:n~=B:..:a:c:.::.:nk~,z......:N::_:_,_;•A::..::.~•----------'-------- es Mellon Bank, N .A., DO/HEREBY ACKNOWLEDGE TO HAVE REc'EIVED FROMX Execufor . _ ___:A~d~a~M~~C~l~a~r~k~e~,~a:!./~k~/~a:':....:A~d~a=:._:M~c~C~o~yL_C:::::.::l:::a::.::r::.::k:::.:::e ________ DEcEAsED. THE suM oF OF THE ESTATE OF_ • FIVE HUNDRED AND N0/100--------------------------.,----($ 500.00------)DOLLARS IN FULL OF THE AMOUNT AWARDED ME UNDER THE DECREE OF THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA MADE ATNO. 63-70-517 WITNESS MY HAND AND SEAL THIS a..4Q d WITNESS ()AtJV ~ d?zLL'ku j/ Compensation awarded per Decree w. 11282 DAY oF August t9_1_5_. Mel~nk, N.A., By: ·R. aJ"l!t;! . ss1stant V1ce Pres1dent ~ \._~ l'fO. 63.:..70-517 ORPHANS' COURT . ESTATE OF AdaM. Clarke, a/k/a Ada McCoy Clarke DOCKET PAGE_-'----- RECEIPT FROM • Mellon Bank, N .A. TO Mellon Bank, N .A., Executor FILED 19 __ '-}9-L/1 A) :E::o :t>m::o .. -.J (.1'1 --r, -(/)\C) c (..ol') ::r: -(/) n""l -(/)""'-Q -o -~~~· -~_j c::> rv The Supreme Court of Pennsylvania l ss: Western District r ) The Commonwealth of Pennsylvania TO THE JUDGES of the COURT OF COMMON PLEAS, ORPHANS' COURT DIVISION for the County of WASHINGTON GREETING: W mmEAS, by virtue of our Writ of Certiorari at No. 93 of March Term, 19 74 of our Court a record in the matter of the appeal of RICHARD EVAN CLARKE and MARGar NEASE CLARKE 1974 from the Opinion and Order of January 9,/ of your said Court at No. 63-70-517 OOk was brought into our Supreme Com·t and the said cause was the1·e so proceeded in that on the January A. D. 19 75 the following decision was rendered, viz: Decree affirmed. Each party pay own costs. ROBERrS, J. CHIEF JUSTICE JONES did not participate in the consideration or decision of this case. MR. JUSTICE POMEROY concurs in the result. ~ 27th day of WHEREFORE, We hereby remit you the record aforesaid with the proceedings thereon and all things touching the same so far as in this Court they remain, for the purpose of exec~tion as to justice shall appertain in accordance with the decision of our said Supreme Court as aforesaid. ~itness the Honorable BENJAMIN R. JONES Chief Justice of our Supreme Court, the 7th day of February in the year of our Lord one thousand nine hundred and seventy-five. ~no~ "-- .' . ' • t .. . "! . r: : WASHINGTON CO. ORPHANS' CT.DIV No. 63-70-517 Term, 19 No. 93 March Tet·m, 19 74 ~uprtmt ~ourt IN RE: ESTATE OF ADA M. CLARKE, Deceased Appeal of RICHARD EVAN CLARKE and MARGor NEASE CLARKE ... ·: ~ . •J _j REMITTITUR .-T L-n r J ...r·r ·-·) ~ cL -__ J • : ·~ -~ ·-,. "J . . .. __ : \': . ---;._::: {(\. ·-- c -~ ··-~--'-.. , ~') ::;::: ,_) 0 ;:;; :-:>L:...J<r. ~c._::,:: ~ U-1 W- l.l"l r- " 4 \ \ \~ -· IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY;.PENNA. ORPHAN§f COURT DIVISION ' . IN RE: Estate of ADA M. CLARKE ) ) ) ) ) ) ) No. 63-70-517 Deceased STIPULATION It is stipulated and agreed by and between the parties hereto and their respective counsel, that pertinent , . matters in this Estate concerning the names and ages of persons related hereto are as follows: ·1. ADAM. CLARKE died testate May 12, 1970 and her will has been probated, said will being dated March 14, 1968. 2. The only children of ADAM. CLARKE are WILLIAM~~ CLARKE, born August ___ , 1917 and RICHARD C. CLARKE, born June 3, 1923. 3. At the time of the death of ADAM. CLARKE on May 12, 1970 she had four living grandchildren as follows: EVAN.CLARKE, born October 3, 1950 and MARGOT CLARKE, born July 4, 1954, the children of RICHARD C. CLARKE, her said son above, by his first wife, Marguerite Clarke, and CLAUDINE CLARKE, born May 7, 1951, and JEAN CLARKE, born May 7, 1951, the children of WILLIAM~. CLARKE, her said son above. 4. Also at!,the time of the death of ADA M. CLARKE on May 12, 1970, another grandchild of ADAM. CLARKE, namely, RICHARD C. CLARKE, II, had been conceived, and was later born on June 23, 1970, the child of her son, RICHARD. C. CLARKE, and his second wife, Betty Clarke. -1- J ,, ... ~ ' ';::\ 0 e ~-- \ .I" 5. Another grandchild of ADA M. CLARKE was born after the death of ADAM. CLARKE on May 12, 1970, namely, ROBERT HUGHES CLARKE, born June 28, 1971, the child of her son RICHARD C. CLARKE and his second wife, Bitty Clarke. This child, ROBERT HUGHES CLARKE, was not conceived during the lifetime of ADA M. CLARKE. ~ ll~ into and dated this 2nd day of November, 1973. EVAN CLARKE ~ ~J ·, MARGOTfr:tARK~ r};J--~-E . L. Guardian I -2- By-=-~~~~__;;;_) ~-·· - Ross Armbruste~, Esq. Attorney for above Claimants Mellon National Bank and Trust Company, Trustee under the will of ADAM. CLARKE, Deceased, . ~ .... •/ STATE OF ILLINOIS ) ) ss COUNTY OF MADISON ) AFFIDAVIT OF RICHARD C. CLARKE AND BETTY CLARKE RICHARD C. CLARKE. and BETTY CLARKE; of lawful age, being first respectively du~y .sw,ern, up.on their .o.aths, depose ' and say as follows: ... f 1. They are very familiar with the legal work which has been and is being carried forward by attorney Ross Armbruster of Alton, Illinois on behalf of their two children, RICHARD C. CLARKE II and ROBERT HUGHES CLARKE, in reference to the Estate of their grandmother, ADA M. CLARKE, deceased. 2. These Affiants further state that because of their circumstances, and because of the illness of RICHARD C. CLARKE, which restri~ts his earning ability, these Affiants, as father and mother of the claimants, RICHARD C. CLARKE II and ROBERT e..~r:;~es HUGHES CLARKE, are unable to provide fund~for ~·li•u1:ah~~a and legal fees for attorney Ross Armbruster in this matter. These Affiants have no assets which could be used for this purpose. 3. Affiants respectfully request that payment be made to attorney Ross Armbruster from assets in the Trust Estate of ADA M. CLARKE, deceased, or from the shares of said RICHARD C. CLARKE II and ROBERT HUGHES CLARKE in said Estate. RICHARD C. CLARKE . ~ iubscribed"and sworn to before me by R~CHARD C. CLARKE and BE~TY CLARKE this 9th day of November, 1973. * a~··.· a. Notary Publi~' My Commission expi;n";~e Orpha9 ~ S, i''f7(e washin;JtQn Ccunty, Pa. 111 (\ .-1 ' r.::,thihi"'l ,I~ •••••••••••••••••• '\.~ l •• ,-, ...... ~· ( !t. Date . .r:t.~~ • .1.'~ N73 ..•.....••• la:Gqueline Haanmond, omcial Stenograp~flr ·~ ,. . . ~ ' "" _____ _ IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 63-70-517 IN RE: Estate of ADA M. CLARKE, Deceased BRIEF FOR EXECUTOR AND TRUSTEE RELATING TO PETITION OF ROSS ARMBRUSTER, ESQUIRE, FOR ATTORNEY'S FEES McCREIGHT, MARRINER & MCCREIGHT ATTORNEYS AT LAW WASHINGTON TRUST BUILDING WASHINGTON, PA. 15301 : McCREIGHT. MARRINE.:R 8c McCREIGHT ATTORNJ;:YS AT kAW WASK-INGTON .;l'RUST BUILDING WASHINGTON, PA. 15301 ; ) ' . IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN THE MATTER OF THE ESTATE OF ) ) ) NO. 63-70-517 ADAM. CLARKE, DECEASED BRIEF FOR EXECUTOR AND TRUSTEE RELATING TO PETITION OF ROSS ARMBRUSTER, ESQ., FOR ATTORNEY'S FEES While the Executor and Trustee had no justiciable interest in the question of whether.the.Will of AdaM. Clarke, t ~ ;.. • ~ f . , l • I /• ~ ~ • • ~ r I ~.' , ..f; ~ • • ""-"" • :· •. . • • f . deceased, crea t"ed a gift in· trust to named individuals or to a class the;question appealed to and decided by the Supreme Court , the Execut~r· arid, Trustee obviously does have an inter- est in the ,subsidiary question raised by Mr. Armbruster's Petitio . . t ; . for Attorney's Fees, for it is a claim against the trust res which the Executor has a duty to preserve and protect: Probate, Estates and Fiduciaries Code, Sections 3311 and 7131. The Executor and Trustee therefore filed an Answer to the Petition which (1) pro forma demanded proof of the facts asserted in the Petition, (2) noted that the Petition was pre- mature and (3) raised the legal issue of source of payment. Only the last issue will be considered in this Brief, for the Executor and Trustee has no reason to disbelieve the averments of fact contained in the Petition and the Petition is now properly before the Court as one of the matters requiring adjudication. While the general rule is that an attorney must look to his client for payment of his fee -particularly in adversary litigation -, there is a well-established exception that where the attorney's services protect a common fund for administration -1- t and distribution under direction of court, or where such fund has been raised for like purpose, it is liable for costs and expenses including counsel fees, even though the protection given or raising of a fund results from adversary litigation: In Re Trimble's Estate, Opinion of the Court en Bank below adopted, 392 Pa. 277, printed in full in 140 A 2d 609 (1958); Hempstead vs. Meadville, Theological Seminary, 286 Pa. 493. See also the cases collected in Hunter's Pennsylvania ~rphans' Court Common- Place Book, Attorney and Client, 4 (d). Counsel fees are also allowed, of course, to attorneys who act by court appointment as guardians ad litem: Probate, Estates and Fiduciaries, Code, Section 752. The only exception to the general rule that we have found reported was in Stuckey Estate, 40 D & C 2d 436 (1966), a Dauphin County case. The petitioner was granted costs and attor- neys fees out of the trust fund for action taken to increase her payments as life beneficiary. The petitioner was the testator's • elderly impoverishe_d aunt; the Court approyed of the general rule • I • f I • <. .• i , < f c' in such cases an"d stated that it "would be loath to set a prece- dent contrary~to the general rule ... however, under the unusual I> -, • ". circumstances· i:n the: case, , such costs and fees fall properly within the' rr~sonab1:e 'qe,eds' pf the petitioner • . . an equitable result requires that petitioner's request •.• be granted." In the present case, Mr. Armbruster was and is repre- senting the interests of minors, although not as guardian ad litem. It can also be argued that his services have been of assistance to the Court in the interpretation of the Will. On the other hand, where is the fund to which Mr. Armbruster can look for payment? The whole fund -the estate which is to become the trust res -was neither created nor pro- tected by his efforts. His efforts have benefited only his own I minor clients, and at present will, at most, entitle them to be among those whom the Trustee, in its discretion, may assist financially, but his clients presently have no 11fund 11 or 11 share,11 as such. As was stated in the Answer, there are at present no 11 shares 11 , for the estate is directed by the Will to be held as one fund as· long as any of the beneficiaries shall be under the age of twenty-five. Possibly it might be argued that a solution to the problem lies in the power of the Trustee, under THIRD (A) 1 of the Will, to use principal for the "welfare11 of such of the bene- ficiaries 11as shall need t'inancial assistance 11 • If so, applicati n should initially be made to the Trustee, and not to the Court, for this is a matter which lies within the Trustee's discretion. For the foregoing reasons, and even though the Orphans' Court has broad discretionary powers for allowance of counsel fees and expenses, doubt is expressed by the Executor and Trustee whether counsel fees and expenses may be allowed to counsel for claimants in this case. It should be noted that the Supreme Court, in affirming the Decree of the Court below in. the present case, did not place the costs on the Estate, but directed that • J ! each ,par~y pay their own costs .. I ' ~ 'I . ' ( ! -' ~ I 4f' #' ~ ; •'' • '' . - Respectfully submitted, -' McCREIGHT, MARRINER & McCREIGHT . ' May 6~ 1974 Supreme Court of Pennsylvania Western District 801 CityoCounty Building Pittsburgh~ Pennsylvania 15219 Fte: Estate of Ada M. Clarke, Deceased 63-70-517 Attorney--David M. Gilmore Genelemen: Herewith find Certification of the Docket Entries· relative to captioned Estate from the Court of Common Pleas of Washington County, Pennsylvania, for the Supreme Court of Pennsylvania. Ve truly yours, ~ 1'\11'} Russell Marino Register of \·Tills and Clerk of the Orphans' C:ourt \'lashington County, Pennsylvania J .J Eotnso oi ADil l:lo C Lf1RKt: c ¢ ) ( ) ( ) ( PLl.v.o.~. li<Jn. t1. Cturto <it!.:~<l tot.cto Mcy lBt 1C70o !io~ 'tll\lto Qntcd ~tzoh 1<.\1) lf306o Stile dC1Jlaoo h"Jt:" t-C:Jl<!UO?y c~tntD c.:; Collowc: !-ll!..Ji..l;J All tho ~~...::~icuo ot my c:Jtntoo rot et . .tl t,:O"trt.IO(-Clc t~A thCS'vvrnr elt.ul..\tO~ 1 ~\f'Ot dCtrtoo nncl bCC<t~Cnth to &ELLOU l'J.t'\'rtONLL E.AtSl.: ~:~ro ~·r.us1: COME:AI!!Y D n~ TRUfn~ t :t\ll:;VIR.Tlli::LWl' fat" tto iQllot'tf.ng uuc:; oncl :.UWt,.otc:J: -J 1.\t Qi..r tk ... .::. tsatc.trb 1:..;.0J-~ h :j,· u11\~ ::rho hcd four (!~t:'itCZCbU.U:rcu" o.ll o~ Dh!:lm tcro lt~lu<1ei.it coo tt!:;Lila:i, oo cQ,~~l oo~c21Qbctc:J o~ ioo woot cstnto. I:ot. C\lboc~roctty (otUl o€~cz tb0 t:cc.tl.l cZ tczwtJ?t~ thc:-o r.~c~;·c t~ttn teo n0:11t!on...'1! @?CntiicbtlQton0 t"Jh..~ cto.tm to G~O to thto t?tmto 1ta tc;.ono bdot-c Ulo Court to n nnwo-e o~o to thtD n etnca {!i2t o? tmo to too mmc~ t~d!m<lnckl OP.~Y 1 Tho p:foblom to nt:.tt."d thtmlyp ln t7 Aeomoon Juttlcp?ukone~# ' • • nTho 4oclot'f7o lnq.atrv to t:hothe~ or not tho \CC~toll, la ~tnh.tntr tho perttctdcr tifft b;, (!ucatton~ <ltd co t"tltb *(fa'~UP• mtndcdacrJa' ~c nbclhct?" ln otter w:r<~n. he VJSD J.o()kb~l! to tao body ~r p:..vcono tn quoot!oa M ~ t~botc. or untt, i~etbw then to tbo ltlldtlttdt.to.l =.ombc?o of tho ~oup so 1u4lvl4unto; U th~ tormor • ttl())' tete oo o ctooc." . · Tuo contot\tlotl tD oitQn oQ\ro.GCd .Ulnt trbcro tho letat~ oro nnmQta oo tcdl~l·~\IDlo and c.~ 4oaetbe4 ~ a. cwao t tbt UUl to oot o clooo ~. Tbto ottu..'\tton l1l ntoo trentod tn Amerlena iu?toplt~O,p Vot. ffl, too. !200; fl\l tloro !~coo ~ t~C~ co ln4l'1l\i!tmb an4 o.t:o rJcncrtbcfl OJIJ o. elt.'..on ~ rac.G\ thOro to t!!)tbltttf mwo to obctJ tl.lo tcstnt:t~•o tnte!lton,. Ulo con~wuettc.tt a:::>~\lb' to ~t tlltJ utit ';:If ~o c~JfWUtntc:l o otft to lndtv~kl" to ~Jbtc~ tho otooo dooeU»l9ilotl to cd~ bl7 ~&\11' of taontUtcnUon.. t .. ceordtogtv ~ o gtl't to n..11mc:l in<it~~f2Jt~1D to r.ot ~~oded bl' JOl~ltttr wttb tho ooumosoatton a ~onm.~nl onvrooaton ou0b nor 'brotho?a o.ni.'! atstom, • •ercu~ebttdrcntt • J4b1Wfct, ol my dceco.oa<a ~~ter, • •my oatd acpboool)' •tnnful botr"~ • otco Stlt tho met tbo:t tllo m.ombOI'S ot tho ct&mc ouo ctoo mcntloacd by uama tn ttot eonett!!.lt1t:l~ nnd, tu gocorot, tho Otlttm~on of bo~ftctarl~ lll at.o?~oo "llO?o tt llJ;;~ to bo ot!bor4tnoto to the \JG:~rot dcecrtpUcu." ti:t!l&ubj<..~t w sbnUnrty t~c;:o.tGcl tn ~eo~ on ?:U&of Vot. ~i'J' "'l~; kGtt; tbQito ts A ~1ft to n U\.lmbG:r of {;C:l"C~~w trl::o Ol'O tnj~t.Eld. br name-noo nho uo ntoo tu~tbei' GlooC?\b$4 by rotorcGt:c to tho elaJJ!l to ~bleb. tbCJ beloii{f~ the gUt to bot4 &t"lr.c.n fccto to bG n tStGtt'lbuttve (JUt to lutllvtlfuow Jtttd ut o. gUt· ~a c~~. TbQ eonf.Qntll bo'Ciotro~D may uh~o that tho tlCl'llCJ of t.1w boncitctortoo uorG n4tl¢ti to t.ba d.coertvtteo of thom ~ mGmboro oi a c106o k-tr the PUI'l«lG of g?c·ntor certain~, nml th'lt tho l~ttrrunoont tutontloa oi tocttltot? t"JQO to moho the ·gUt ton clO.co. Iu stteb ®So tho gUt ~nt oo ti'ootcd eto otiC to tt ct~o OVGta U tho ~mco o1 t.llo bcndtolnt-teo nvo 9l~Oil tn tho c·Ul. u Tho teo g~act:eblt~u olnti:ntmto to tho lc;oto.S¢t ti.!ntlort ettoob grc::lt al;nU'len~Q to .tho met tbet tb(} 1;;¢i'\lo "m1 ~Mtk:~lt<lm~n") OVpoot ftrst tB tb.<;; ca:.t.acltleo of wor&J Otn5lofo.a, {'jhflo tllo Otlm~ of tho \r4itttcaw.t lofl!t®a £otlov1 ab.ao Gtc:cl'lbtne o. elea4) fir'ot 11 nad lba ~tng: of tho t;;4ttrtcS~nto too mo?oly tou tbQ Vlltl'f.:tCo .o£ itnl&CJ t'ittb eormtn~:r the mombo?o of· tho ctn'lo. ·~.) -· \-o ato not tmp?oonod "itb thie tbcolj'• although como eot~m (not t•1 !:~ ~~~yt4Vnnlo) bnvo nttitlbutc1 oomo \*lolght to Ito t•. o ~UCVG toot t:Jbt\ttwor noqU1Gnc& to omploJcd 1.~ thttl Qi-po wUl t.o purG bn~PGt~a~nco, at tbo "htm of (;tao B4rl1J'Otl0l" • tt ta tmporto.ato of coaroo, to conn14Gl' tho t.~ho\o Vitll; ~ oll ltD ~cn:tlt; glvlng til'lcti"Jl_p~rovhllon utW ~etgtat. Oab' tQ thtP mauco!' coo YJO tWCot7tnbt 0.0.0 titTQ clfcet to tho b!llO lntctJ:tiOn of tba t.oQtn\rin .. "lbto tOQto.trlz lt...ilectt:.l nttb cc~ttalntJ· boyo~ c.tmjcctw:o that ttao ~>to abJect of ho:u btcun\f t'JOO her graa<lcb.Udron., t~hGt~r tn n cl.tu:ln O? snatvtt1ually. Sl\o mnao uo \ltftO to obnrtt;vp none to ot~~ii' r<Jto.ttvoat ntuJ raollS <vrn«:Ucnll!f o:.~:nk1ng) to boo ehttctrcn. B'Gt gift to tbo chtidroo t:~oo .;:.1. the tnt~lblo ~~:~ocnt pro~oriJ f' o.t¥.1 tho tmr~ntorry ttJte \'UllJ jer:cl-ry of tho 'ttalno c>t G~~OO. I\. compstlblo group Ia wtd&JCe4 by tb.o mtmnet obo ord.Ol"cel ·UW dl\rltlt1on. o£ hor taagtblo porOQt»ll Pl"Oi>$rty. She dl\1 not t~avo it neq\U\Uy" or uabnre tll.ld. IJltl?G el\ho" to tlW Cbitd?tatle~ but 't'IO much. • .0.0 thq Q\m.lt O:lCll o~t01~!~"' loovln(J tho mattor outtroll1 to tbellr cUc...~GttGn~ 1.. 1\ bor tboutjhw eorstQre:d Cli'Otaed tho g?&t .. dohUdrvo. And tbey ccJ?o to bQ! t?~tcd on oo·nt:moluta ~1tt7. At the Uuo be:r v~ut VJntt d!i'nt?n ohe tm.a. · ontr :£our., tl.tid ·during tba r~tndcr of hor tU~ abc ht_,u onl)7 four -gra~ht\4t'cn0 CZl natmrolly etaa eout4 nmao Oll\J fow. Tbo?t~. v.:•n.! ~~ tiC:eCoctty fov n COdtoU ~ • '!' .. • f"··e~s.ne)'l.vnuto. eoooo nre lc QCCO?'d blth til~ <1¢uorol rulo. to ~l?~l:-ln-~ oc.a ~'0. 67 t 70Jfl, (10!0), _lt t";ro bOld that ":t'\700 Uti~ tao boncltemrteo aro ftamttl, the tJUt ma:7 ettU bo otte ton cto.ce U tt oUtol:'cteo c.vr.;oe.rn irom tbo t~lU tbat the tcototo? oo tt:teuaoo anti ttnt tho onustant.!on ~oo m.tJWcly fot> the pU?JllCO ct. ftntntJ 't'.itth cono.tnt,-tbo mombo;:o of tho Ctet'i.lnp (clttat.P.hQ.tHI:~~:ll.IOL, ll~ ~-'tA• SS5)o I\. ... I. Tho o.bov& tJM clttt.i -otth np~?011Cl by M.v. Ctltcl1uottco J'onc:J ln gmwtr_O,mxlre.n, 887 S..oo G'lb 677, (ltfD'i), cbcro ho c.dCLcri: .. Trtto otOugh, tt\o tcotntrsa .... ntoo nomccl tbom lndtftctuallf. !?Jut~ the ccwaQa.""tl.ttoa ttw obtttv&n li to~ tbo vur t.~.Jo of ftnl~g t'1lth cort~!cty the ooillbc?O of tho etrom noo liOt for tho Pnft:OCO ~ te:J.tvlt!t~tlt'l(j ntlQnvl Jbc.~<P tn &o p?Oj;Oi1yn ~~ Uoo <!oro thto tc:~lrt mh nt b.w grnttt~ht!kuon1 ctolo tho ~~y o.o n ~t!Po or to tho ccp~o.to t.t2ombmo oo tn4lvtot~~to·t ':\"il,...r.ro lo lllUo tn tho 'Otll tt {tlvo uo n elotli' lncatentton. to pnro.tlifn..'Jli ;tl}1&(1; (A) (1), obo dtrceto: 0 Too !ll'tnclpol ohotl bo hota ln c Cln\Jlo t?Wlt oo tor.-9 co G.n.UL~tat!cJl\W~.fA (nomtn~ tbcm) otaU bo un4w thtSt ego ot tt:tonty<€loo ~fl (ompbooto ouru). Toztotrln t"JO.mcd UU.ti(it~hJ.l4F.fJ!. to ohnro lr: the treot. Sl\0 eOl!lcl tt::m!O Only tow, 00 m~ot.u fout' noro ln cntatoo.eo ct tbct ttmo. ln ot.m-ooct.lon (&) o2 .thO an.mo ~o.rngrn~h obo pnm<'.oo: t'l Ao coon oo uono of co.ld ~ttacbtl~ 1c u.nuOi" Ulo ogo ef tt;entyoftvo (25) yearn" tho prtnctpcl ona nny tt.ccwt~e!otcd lnccmo oboU be <lt\ftdc4 ltlto an many Cq\!01 ol.'!!Jroo oo thC2o o-ro of oat<.1 ~irCt!delllldron toon Uvtn~ ~ aatd. ~nrutcbll~.:r~n thon flcec:md elth WOt!O t.!'lc1l1i\1ln\!• n It to oteaUlcout tllc.t oho nc'far nnmco hor {)t'O.rtdoblkl?cn mlyt"Jb.oo tn tho oUt otbo? tlMln tn t,.Ot'~tm lMf.sb nubo;~q;b ¢rl) (Uo Bt,l ttlo soJt cuoocot\tro r;rcviolon of tbto t·lU ta oubcv~OQlro~ll (S) of p.o:r~vb :tilJlg_: uti no ~oodcbU' ot-toooo <Jf {iUO.tl®lttW to UVin{J nt tho tct"'!nltdwn of tho wurt, thea auy rol!lntntn(; pO~tcn og ~G t?mt catnto nhQtl l!~ tronston-oo and doltvO?eti to ti1cao r;orcoco oho t.Qaltl tmvo been cntitld. tbos'OU> oott t atad ot tho\ tbno tntcotcro. '~ i ' .. J:;1 thta pr®lolon. ohoutd ell grnf!OOhtlttroo cite 'tiU.bout tsot&G~ tboo tho entbro ~uat reo ts dlst?lbnicd. to 04COrdt'OOo wtth lntattnta t'letvotUSJ.oc, U Vto lt~t.e.rpi>d thbl ~t of tbo reei<!tni'l' ccte.to o.s t r;!ft to tho .tint.~ fiE~~ tbon U ~~uta ·oovo boon on\tvol.y rr::~ootbta t.bnt au eout(l <ito n'lt\'t..o1~t toono nnd tho t?oot ttJrmtn~tcd. In ouch <Mont tbG ll"'n~ chlhWOJ.\\ of tco~m troe14 t.tlto tho aattro ootr:.to of tA'lio 4cacdcnt t'Jbo medo t10 pi11\ttotaQ ·'. ' ' ~" tbom ¢or ·oor ct them) ln tll\e ttJ\U§ ~l!r~;~~n,g.,. !!Ef\!1~"1\~c,D~ \!, o ea~ bQ.i-<!t,, co~ott'O ~ thtn tootc~tn C!~trtn' oueb cZovotntton. f1cv qr~ttd?On 1:J0?0 tho J)laln O'bjeto oi h~ nitccttou nn<l hw b3uat,; bcr chltrJroa Wl<1 t10 pltlco to t.ktl t?tU, atlho~a9b tl:&GJ mt(Jht tnl113 been otbort7loo l1'omombQ'll.'cd. Tnta record woo not tttmctooo tete~ vtvoo t'rant:!gO?Q. But lt co.n tmr<lty bo dlaputOO thnl tn th1o wilt ohe otdpo over tho chlbiron a&1 too!m to tho bouctU of tb.e w:andcbtldrGc. v. o about~ not oo lntorptn~t hor \!111\ ll4l ·to t~~o thQ chU<Jren; uuJ~ nny OG:t o~ c\rcwnsttmcca, tn a t.:l"C~~rf8(1 poottton WfW e:n1 ot tbEi erandebttw:ou. '\Yo tool thnt o. ctoao ~~ hM been .oedo br tblo tc:;t!t.ttln to o.l\ of her ~TttndebUd'rou~ rO\le?tU.osa og ttm ttme Of thotlt blrrtb~ i~lt D-boul<J tih!l~O tn thle trUDt otttcte. ' Ut 11 .. I I J ••• Wiill t ·a Wl tr t ::'It L I IC-10 LIST OF PAPERS SENT TO SUPREME COURT, May 6, 1974. Application for probate & Original Last Will and Testament and witness blank. Petition re Richard C. Clarke II Audit Petition Order Recalling Adjudication and Decree Petition for appt. of Gdn. Ad Litem and Order Petition to Strike Claim Petition re Robert Hughes Clarke Opinion -Marino, J. Feb. 23 1972. Exceptions to Opinion of February 23 1972. Stipulation Transcript of Proceedings Opinion, Simmons, J. January 9 1974 Adj. & Decree April 19 1971 copies of letters Petition for .attorneys fees Hearing on Audit Appraisement Inventory First and Final Account Praecipe for Inheritance Tax Debts and Deductions Assignment and request for Distribution' Brief of Guardian Ad Litem Answer to Petition for Attorneys' fees Order & Petition for approval of counsel fees J PANIAGUA MEDICAL, LTD. 511iguel t.ll. 9? aniagua, 511. m. 627 EAST AIRLINE DRIVE EAST ALTON, ILLINOIS 62024 PHONE 259-7955 June 25, 1975 To Whom It May Concern: Mr. Richard c. Clarke is my patient and has been under my professional care since 1-14-74• He was hospitalized from 1-21-74 to 1-30-74 with the diagnoses of Status Post Inferior Wall Myocardial Infarction, Acute Left Ven- tricular Failure, and Exogenous Obesity. He has been followed in the office at regular intervals since that time. At the present time, he is being treated with antiarrhythmics, anticoagulants, diuretics, and tranquilizers. M.A. Paniagua, M.D. MP:sl I I / / PERSONAL STATEMENT CONFIDENTIAL TO: RICHARD C. CLARKE and NAME __ ~B~E~T2T~Y~J~·~C~L~A=R==K=E ______________ _ POSIT ION 0 R OCC UP A Tl ON ----=u:...:n::..:e::..:m~pLl~o.Ly-=e:...:d:..___ __ __ BUSINESS ADDRESS unemployed RESIDENCEADDRESS 125 Tara Court, Cottage Hills, IL 62018 The following is submitted for the purpose of procuring, establishing and maintaining credit with you in behalf of the undersigned or persons, firms or corporations in whose behalf the undersigned may either severally or jointly with others execute a guaranty in your favor. The undersigned warrants that this financial statement is true and correct and that you may consider this statement as continuing to be true and correct until a written notice of a change is given to you by the undersigned. DATE , 19 __ PLEASE DO NOT LEAVE ANY QUESTIONS UNANSWERED~ USE "NO" OR "NONE" WHERE NECESSARY. - ASSETS In Even Dollars ·. LIABILITIES In Even Dollars Cash on hand and in banks NonE Notes payable to banks-secured 5 200 00 Marketable Securities-see Schedule A NonE Notes payable to banks-unsecured one Non-Marketable Securities-see Schedule B NonE Due to brokers one Securities held by broker in margin accounts NonE Amounts payable to others-secured one Restricted or control stocks NonE Amounts payable to others-unsecured one Partial Interest in Real Estate Equities-Accounts and bills due usual mo thl see Schedule C NonE Unpaid income tax one Real Estate Owned-see Schedule D NonE Other unpaid taxes and interest 1 one Loans Receivable None Real estate mortgages payable- Automobiles and other personal property 1 lgoo. 00 see Schedule D one Cash value-life insurance-see Schedule E IN one Other debts-itemize: Other assets-itemize: Physician's unpaid balance 250. 00 unpaid hospital bills 180. 00 Hnn!';P.hold Furniture 7')0 loo unpaid drug bills for I pharmaceutical drugs 150 00 TOTAL LIABILITIES s 7RO ()() NET WORTH ~fnnP TOTAL ASSETS 2 650 .00 TOTAL LIAB. AND NET WORTH ~3 li3t"J fr.f) Are all bad and doubtful assets excluded from this statement?~· ________ _ If no, explain:. ___________ __ Income taxes settled throuoh what date? 0 Additional assessments S ANNUALSOURCESOFINCOME PERSONAL INFORMATION Salary, bonus & commissions unemployed :5 NOne Do you have a will? No Dividends None If yes, name of executor. Real estate income None Other income mav receive unemplov-Arc you a partner or orficer in any other venture? ment compensation-$67.00 per w·eek No Married X Age 51 i'vlinor children 2 TOTAL s None Single 48 Other dependents CONTINGENT LIABILITIES GENERAL INFORMATION Do you have any contingent liabilities? Are any assets pledged? -;'es_ l f yes, give de tails: Are you defendant in any suits As endorser, co-maker or gu;u:antor $ None or legal actions? r>Q__ On leases or contracts $ None Personal bank accounts c;u:ricd at: --Legal claims s No_ne n.Q.n~ Other special debt s None Have you ever taken bankruptcy? Explain: Amount or conte>lcd income tax liens s ___Non<=> no '--· "Petitioners' Exhibit 2 ." (COMPLETE SCHEDULES AND SIGN ON REVERSE SIDE) \n the Orph.an's court of. Washingtort County, Pa. P~' Exh\bit:-1. · · · · · ·;. · · · · · · · · · · · · Date t":?o.,I"f1>. . . . . . . . . . . . . . , vf :. . . d OHicia\ Steno~rap.;c, .itl.Cll~.H::Ime amrnon , / I I I .. ·· .... '- CONFIDENTIAL SCHEDULE A-U.S. GOVERNMENTS AND MARKETABLE SECURITIES No. of Shares or Face Value (Bonds) Description In Name Of Market Value None SCHEDULE B-NON-MARKETABLE SECURITIES No. of Shares Book V;!lue Per No. of Shares Description of Securities Owned Financial Statement Outstanding Total Value Dated: None SCHEDULE C-PARTIAL INTERESTS IN REAL ESTATE EQUITIES %of Yr. of Cost (C) or Value of Location of Property Ownership Type Purch. Market (M) Mortgage Equity NonP SCHEDULED-REAL ESTATE OWNED -- Description of Property Date Market Mortgage and Improvements Acquired Title in Name of Cost Value Amount Maturity -- -t--- 1\T,-.,...? -- SCHEDULE E-LIFE INSURANCE CARRIED, INCL. N.S.L.I. AND GROUP INSURANCE Face Amount Name of Company Beneficiary Cash Surrender Loans Value None SCHEDULE F-NAMES OF BANKS OR FINANCE COMPANIES WHERE CREDIT HAS BEEN OBTAINED High Owe Secured or Name Date Credit Currently Unsecured SIGNATURE 1\ ~ "---, ~ 7 ~ /J-19 7r SIGNATURE"' ...t;.,:C./V'--'-1 ---r , '--"'"~"""" !...A\.c'..A. er DATE SIGNED c? ·y . - / / / r IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ~ ESTATE OF ADA m. CLARKE, Deceased. ) ) No. 63-70-517 ORDER APPOINTING GUARDIAN AD LITEM FOR RICHARD C. CLARKE II AND ROBERT HUGHES CLARKE, MINORS Now on this day on Oral motion of Ross Armbruster, Esquire, it appearing to the Court that it is proper and for the best interests of said minors and for all concerned herein, IT IS ORDERED that Ross Armbruster, Esquire, be and he is hereby appointed Guardian ad Litem herein for RICHARD C. CLARKE II and ROBERT HUGHES CLARKE, minors, for all matters in this cause, this order entered Nunc Pro Tunc as of the date of the first appearance of said minors in this cause, on December 2, 1970. Dated this 30th day of June, 1975. Judge j ·. Ross ARMBRUSTER ATTORNEY AT LAW P. 0. BOX 492 206 STATE: STREET ALTON, ILLINOIS 62002 Ron. Russell Marino Register of Wills and Clerk of Orphans' Court Div!sion Washington County ""' Washington, Pennsylvan~ 15301 I Dear Sir: Re: Estate of Ada M. Clarke No. 63-70-517 I<.) -o'- Enclosed please find Petition and Affidavit in reference to another child of Richard C. Clarke, being a grandson of Ada M. Clarke, namely, ,Robert Hughes Clarke. 'll AR E:A 618 465-8866 This second child is in the same child earlier born, Richard c. Clarke II. be treated as a claim, the same as for the as they are in the same position. position as the We ask that this previous child, A copy of the Petition and Affidavit and a copy of this letter are being sent this day to Mr. David L. Gilmore, Attorney at Law, and the Court-appointed Guardian Ad Litem for the other minor children involved in the estate of Ada M. Clarke. I am sure, of course, that the Motion of Mr. Gilmore would extend also to the Petitio~ presently filed for the new grandchild. Would you or Mr. Gilmore, or possibly both of you, aqvise me as to your experience regarding whether the Court would accept written Briefs on the law of the subject matter of this case. It seems to me that a legal question only is involved, although, Mr. Gilmore might disagree with me on this. However, if there are any facts to be presented, I should like to have some knowledge of the intention of Mr. Gilmore to present facts or evidence of any kind outside the record of the Will. RA/m Enc. /!Zly ~~s Armbruster J Febru~~Y 23,. 1972 .. \. Mrs; loaepbtne Sct.am~nna Busin•ess Manager WashtnqtOn Coun~y Reports 523 W$.Sh1nqton Trust BuUdtnq · Washlngten, Pennsytvanta 16301 • . .. · • In Re: t;atate of Adn. ·M. Clarke, Deeeeect. No .. 617 of lf!ZO: · · · .. . Dear lvirs. Scta.m.anna: . . . · I am enclostnq Optnton tn the above entitled estate. ' ·The tn~et:~ted,attorneys_ are aa-follows: _ . · • ,• ' .• ' .'1' : ~ • -• • • .. _ + ~ • • f :~ ,, • --.., ..._ : • ~ • • ' . • '· :7" • ', r 1 . ~-· · J"ames C. McCreight, o! McCretght, lViarriner & A1cCretqht, EsquireS.; ·Of Vln~.lng-ton,_ ]2a:~; · r·epresenUnq.~he aacouo.tant; -· · · ·Ross Ar~bruster1 Esqtitre, .of.Atton~ ntinots 1. -, representing Rtcha.rcl C. Clark II and Robert Hughes Clark, n1inors; · · · .:· . DaVid_ L. Gilmore# Eaqulre, of Wa.shtnqton, Pa. • · guardtan ad litem for the minor grandchtldren named in the will• .: Very truly yours,. . ., l'. P. Vincent ~a:rtno • 1. PVM/Vh. . ' ' • .. J . ., :J .. .. . ,; ... 0 IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY COMMONWEALTH OF PENNSYLVANIA ORPHANS' COURT DIVISION IN THE MATTER OF THE ESTATE OF) ) NO. 63-70-517 ADA M. CLARKE, DECEASED ) PETITION FOR ATTORNEY'S FEES Now comes Ross Armbruster, Attorney at Law, and peti- tions the Court for attorney's fees to be allowed to him from the shares of two (2) of the minors herein, namely, RICHARD C. CLARKE II and ROBERT HUGHES CLARKE. Petitioner has occupied himself in the matter of the Petitions filed on behalf of these two minors for a period of not less than 50 hours, which should be chargeable at the rate of $35.00 per hour, a considerable amount of this time being office time spent in research; library time spent in Washington University Library, St. Louis, consulting Pennsylvania Statutes and other authorities; the drafting of the Petitions or Claims on behalf of each of said minor children; the preparation of Brief for said Claimants; also certain expenses as follows: Round trip air fare, St. Louis to Pittsburgh, December 1 & 2, 1970 -----$ 92.00. Roosevelt Hotel, Pittsburgh ----------22 .• 21 Meals _____________ _:____________ 25 .. 00. Automobile Rental -----------------------30~00 TarAL -----------------------------------$ 169.21. The above items of legal services can be recapitulated as follows: 50 hours @ $35.00 -----------------------$1750.00 Above itemized expenses -----------------169.21 TOTAL ------~-~~----~~-~~--~~------------$1919.21 ~.~-.......... .;.::_ ~~,. .... -...,-.. ..,--~"---;:'"> ---·~ ~· __ .;.. ~. ~ .. ~ . I •. According to the Inventory and Reports filed in this estate by Mellon National Bank and Trust Company, Executor and Trustee under the Last Will and Testament of AdaM. Clarke, De- ceased, there will be approximately the sum of $31,000.00 in the ~ .) ... )I . ., . , ..... ' .... trust estate for the six (6) grandchildren. Of this sum, the two minors, RICHARD C. CLARKE II and ROBERT HUGHES CLARKE, rep- resented by this Petitioner, would succeed to the amount of approximately $10,000.00, in toto, for both the one-sixth (I/6) interest of each of said minor children. Based upon the above, it seems reasonable and proper that fees of $1,919.21 be allowed this Petitioner, Ross Armbruster, as attorney for the two minor children, RICHARD C. CLARKE II and ROBERT HUGHES CLARKE, to be paid from their shares and deducted therefrom by said Trustee. WHEREFORE, Petitioner prays that the Court award such fees of $1,919.21 and authorize, empower and order the Trustee herein, Mellon National Bank and Trust Company, to pay the same to this Petitioner, Ross Armbruster. STATE OF ILLINOIS ) ) ss. COUNTY OF MADISON ) Ross Armbruster Attorney for Richard C. Clarke II and Robert Hughes Clarke 206 State Street Alton, Illinois 62002 Phone: ( 618) 465-8866 Ross Armbruster, being first duly sworn, upon his oath deposes and says that he is the Petitioner in the above and fore- . going Petition by him subscribed; that he has read the same and that the matters and things therein contained are true. k Subscribed and sworn to before me this 2~th day of February, 1972. -2- J' . :"""" .... ,...,,, \; .... ' + '· \ ~ , ...... ,·~~1 ..... ., .._ .. I f) CGt ·': _v;"J C. fu.eCrv\\r~ltv ::.·::t{1:.jj_':; \i:O.itltL~r.,:tl)n r-n,'\!St B LtUO.!n~ · ·,·;· :--~.:bl~;;i..'>i~, P\: -~ru:~~\i'r_ ni.r. 111~0!. -iW&&W!&li&&W&IWWWWG&!!Qt.£&,,WiW&It!!11JWIIIG ., . . '. •' . ' j J ' • 1" ·~ . ' .. ·' l['d .• ROSS ARMBRUSTER ATTORNEY AT LAW K»~~XXOC~~~XX~KK~X~ 207 ·Illini Bldg 'ALTON, ILLINOIS P .0. Bo.x 191 Hon. Russell Marino Clerk of Orphans' Court Courthouse Washington, PA 15301 62002 September 14, 1973 AREA 618 :lf~!klt~X 465-1333 Re: Estate of AdaM. Clarke, dec'd No. 63-70-517 Dear Sir: Would you kindly advise the status of the abdve matter insofar as Petitions regarding two additional minor Claimants, Richard c. Clarke II and Robert H. Clarke and Petition of Ross Armbruster for attorneys fees in this connection. Argument was set in this case for July 16, 1973, however the undersigned was unable to appear at that time and whether there was oral argument, I do not know. However, written Briefs were filed by all parties involved. If Judge Simmons desires oral argument I would now be prepared to come to Washington, Pennsylvania for this purpose. Copies of this letter are being sent to Hon. James C. McCreight, attorney for the Executor and Trust~e, and to HoR. David L. Gilmore, Guardian ad Litem for the other four grandchildren, Richard, Margo, Jean and Claudine Clarke. RA/rt cc to Hon. James C. McCreight Hon. David L. Gilmore Very truly yours, Ross Armbruster j ............................................... 1111.~ *~ aq c !L ... _ 4 CQ§l ~ ROSS ARMBRUSTER ATTORNEY AT LAW ILLINI BLDG. • SUITE 207 STATE AND WALL STREETS P. 0. BOX !9! ALTON, ILLINOIS 62002 ~ ,;. •' . •. ,.I e i.,--:-_._ ·'\oN,''-, 'v /\ '< Pf'A (' 'l SfPJ~ t~ " 19<~ j 6 ?~',,fl./ Hon. Russell Marino Clerk of Orphans' Court Courthouse Washington, PA 15301 ~~';"' Ross ARMBRUSTER ATTORNEY AT LAW P.O. BOX 492 206 STATE STREET AL.TON, IL.L.INOIS 62002 February. 2g, 1972 Hon. P. Vincent Marino President Judge Orphans' Court Washington, Pennsylvania 15301 Re: Estate of AdaM. Clarke, Deceased No. ~3-70-517 Dear Sir: AREA618 465-8866 Enclosed please find Petition for Attorney's Fees in the above estate in reference to the claims which have been allowed on behalf of the two additional minor children, Richard C. Clarke II and Robert Hughes Clarke. Copies of this Petition and copies of this letter are being sent this day to Mr. James C. McCreight, Attorney at Law, Washington Trust Building, Washington, Pennsylvania 15301, artd t@ Mr. David L. Gilmore, Attorney at Law, Washington Trust Build- ing, Washington, Pennsylvania 15301. · RA/IJl Enc. cc: Mr. James C. McCreight Mr. David L. Gilmore Very truly yours, ~. <,4 1 "' .. " ·• .. . • IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 63-70-517 IN RE: Estate 10f ADAM. CLARKE, Deceased. SUPPLEMENT TO AUDIT PETITION McCREIGHT, MARRINER 8: McCREIGHT ATTORNEYS AT LAW WASHINGTON TRUST BUILDING WASHINGTON, PA. 15301 ~~ ~ ". 1, ' . McCREIGHT, MARRINER & McCREIGHT ATTORNEYS At LAW WASHINGTON ·TR~ST ~-JILDING WASHINGTOi-1, PA. 1·:!i;301 j '• . ' . .. . . .. . ) IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: E~tate of ADAM. C-LARKE, Deceased. SUPPLEMENT fO AUDIT ~ETITIO~ I . ... TO THE HONORABLE PAUl A. SIMMONS, PRESIDING JUDGE OF SAID DIVISIO~: The Petition of Mellon Bank, N.A. (formerly Mellon ' National Bank & Trust Company), E~ecutor of the Estate of Ad~ M. Clark~~ resp~ctfu11y re~~esents tftat: 1. Petitioner ts Exetutor of the Last Wtll and Testa~ men't .of tbe 1at~Ada M. Clarke, also known as Ada McCoy Clarke, who dted on May 12. 1970. 2~ Petitioner•s First and Fina1 Account as such Execut r was duly filed at the above number on January 1&~ l97lt and came before the Court for Audtt on March 18, 1971. 3. At the Audft Hearing of Marth 18, 1971, questions ra:ised on behalf of Richard C. Clarke. II_. a: grandson of Testatrix, • • • t ~ • ~ 1 , • 4 } ,. ,. I . ~ . concern.~g the·~nter~~etation of the Will were referred to the Court for hearing and adjudlc~t1on, and subsequehtly Appealed to '... .. .,. .. the Sttpreme Cou·r:t of Pe~f_lsylvanif) at No. 93 Mar(h Term, l974, and determined by the Supreme Court ih an Opinion and Order filed . "" ! > I l January 27,· 1975, affirming the Oecr·ee of your Honorable Court. 4. During the period of more than four (4) years sine the preparation of Petftioner•s Petition Sur Audit, your Petition r has continued the administration of the Estate and has, under the provisions of Paragraph THIRD of the Will, carried out responsi~i 1- bilitfes as Trustee in making discretionary grants for the educa- tion of Margot Clarke, making advancements to the Trust for that purpose. Attached hereto as Exhibit 0 A" is a statement showing Receipts and Disbursements since the First and Final Account and Petition through June 3, 1975, and showing in summary form Peti- tioner•s activity as Trustee through June 5, 1975. •.. ·. 5. Petitioner suggests and requests that it be allowed a minimum compensation of $500.00 for its services during the period referred to above. 6. In addition, Petitioner respectfully requests that your Honorable Court, in the preparation of its Adjudication and Decree, decide the questions raise~ by the Petition heretofore filed for the allowance of .attorneys fees and expenses incurred .! . by the successful'.claimants as set forth in the Petition of Ross t • 1 ' . . • • * ( • , ( I • Armbruster, E~quire, and the question of additional attorneys fees to McCreight, Marriner & McCreight. attorneys for ydur , ·" # Petitioner, 'as set forth in the statement whi(h is attached heret as J;xhibit 11,B 11 , ard. that ·t~e Transfer Inheritance rax liability of the Estate be d~termined accordingly. . . WHEREFORE, your Petitioner prays your Honorable Court that, subject to such determination as your Honorable Court may deem proper with respect to compensation ~o your Petitioner, Claimant's counsel, and your Petitionerts counsel, that the reside of the Estate~ less such balance of lnheritanee Tax~s as your Honorable .Court may determin~. be awarded to your Petitioner as Trustee under the Last Will and testament of AdaM. Clarke, deceased. ' --~~ .. ~w~-1tr1le ~. Ott:Assistant Vice -President .,2- ·• . ... ·. ·' . t ' ' ' I· t' -~ i ~ ~ ~ .f ~ , COMMONWEAlT~ OF ~tNNSYLVANIA ) COUNTY OF WASHINGTON ~ tl . . ' ·•- ) } SS: Before me, the undersigned authority, personally ~ · i A ssis.ta9--~-.. ARLIE W. OTT, ~~i.G~P.;~::es.id,ent'of Mellon Bank, N.A., ~-~ ... '..;:/" ,_ ,~,-. ~ appeared ·txecutor of the Estate of Ada M. Clarke, deceased, who, being duly sworn according to law, deposes and says that the facts set forth i~ the foregoing Supplement to Audit Petition are correct and true. Sworn to and subscribed befdre me this 25th day .-~ \. . . ~-drat:= A r l1 e ~As sistarif Vice President '·...: ~· ;_,..-~ .;. • : ~· ~ .;'!-~ k ~-....: >- JJ He B. MILLER, Nofary Publfci wHhinqton, Washington Co., Ps. '-.... My Commission Expires September 26, l~W Washirigton, Washington County My Commission Expires: September 26, 1977 '• .. ~; .. : ESTATE OF ADAM. CLARKE, DECEASED Receipts and Disbursements since First and Final Account and Petition through June 3, 1975. Balance per petition: PRINCIPAL -PERSONALTY Add: Purchase $1, 000 Ford Motor Credit Company at $100 Cash expended Proceeds sale $1, 000 -General Electric Credit Corp. at $100 Carrying value Proceeds sale $3, 000 -General Electric Credit Corp. at $100 Carrying value Proceeds sale $2, 000 -CIT Financial Corp. Demand Note at $100 Carrying value Proceeds sale $1, 000 -Ford Motor Credit Co. Demand Note at $100 Carrying value Proceeds sale $2, 000 -General Electric Credit Corp. Demand $1,000.00 $1,000.00 $1, 000. 00 $1,000.00 $3,000.00 $3,000.00 $2,000.00 $2,000.00 $1,000.00 $1,000.00 Note at $100 $2, 000. 00 Carrying value $2, 000. 00 Proceeds sale $20, 000 -GMAC Demand Note at $100 Carrying value $20,000.00 $20,000.00 Purchase 220 Units Mellon Bank, N. A. Short Term Fixed Income Fund~ $100 $22,000.00 Cash expended $22, 000. 00 Less: Nelson Memorial Studio: Cemetery marker McCreight, Marriner & McCreight: Filing petition for appointment of Guardian Ad Litem $ 9'50. 00 Notary fee 4.00 1. 00 5.00 ~c=========~c========~CJ EXHIBIT 11 A11 #101-462 ' . $30, 155. 54 -0 - -0 - -0 - -0 - -0 - -0 - -0 - -0 - $30, 155. 54 . ,, ... David L. Gilmore, Esquire: Counsel fees per Court Order dated 11/16/73 McCreight, Marriner & McCreight: Payment for professional services rendered per statement dated 12/14/73 $ 375.00 Filing fee INCOME -PERSONALTY Add: CIT Financial Corporation Demand Note Interest 2/17/71 thru 8/22/72 General Electric Credit Corporation Demand Note Interest 2/9/71 thru 4/9/75 Ford Motor Credit Company Demand Note Interest 3/25/71 thru 11/20/73 GMAC Demand Note Interest 2/11/71 thru 4/9/75 220 Units Mellon Bank, N. A. Short Term Fixed Income Fund Interest 4/8/75 thru 4/30/75 Less: I. 00 Pennsylvania Department of Revenue: Tax on Income for years ending 9/30/71, 9/30/72, 9/30/73 and 9/30/74 $ 58.49 Internal Revenue Service: Tax on Income for year ending 9/30/74 Washington County Personal Property Tax for years 1972 thru 1975 42.60 349.60 Mellon Bank, N. A. Compensation 336. 11 - 2 - $ 426. 00 ·~ c. J 376.00 $1,243.48 145.79 645.24 159. 31 5,691.36 80.49 $7, 965. 67 786.80 1,757.00 $28,398.54 7,178.87 $35,577.41 Composition of Net Balance: PRINCIPAL -PERSONALTY Jewelry held at the Washington Office Temporary Investments: 220 Units Mellon Bank, N. A. Short Term Fixed Income Fund Cash: Cash advanced to Mellon Bank, N. A. Trustee Estate of Ada M. Clarke for Margot, et al as follows: 8/5/71 8/22/72 $3,000.00 2,500.00 Cash INCOME -PERSONALTY Cash: Cash advanced to Mellon Bank, N. A. Trustee Estate of Ada M. Clarke for Margot, et al on 9/6/73 Cash - 3 - $ 300.00 22,000.00 5,500.00 598.54 3,000.00 4, 178.87 $28,398.54 7,178.87 $35,577.41 . . . Activity as Trustee Under the Will of Ada Clarke Account No. 202-665 Statement of Executor Advancements and Payments Through June 5, 1975 Advances from the Estate 8/5/75 8/22/72 9/6/73 (Income) Investment Earnings in the Trust Total Trustee Receipts DISBURSEMENTS P. P. Taxes 1972 through 1975 Payments for Educational Expenses of Margot Nease Clarke Total Disbursements Balance as of 6/5/75 8/5/71 2/11/72 6/6/72 8/22/72 12/26/72 6/6/73 9/6/73 1/4/74 5/2/74 -4- $3,000.00 2,500.00 3,000.00 $1,479.50 722.00 450.00 1,004.50 1,041.00 410.00 910.00 857.00 655.00 $8,500.00 192.09 $8,692. 09 15.20 7,529.00 $7,544.20 $1,147.89 -,. ••·I <I •, .. WASHINGTON, PA., JUne 2 4 ' 1 9 7 5 Mellon Bank, N.A. 40 South Main Street Washington, PA 15301 ATTENTION: Mr. Arlie W. Ott, Trust Officer To McCREIGHT, MARRINER & McCREIGHT, DR. ATTORNEYS AT LAW File No. G-2732 520 WASHINGTON TRUST BUILDING IRS #25-1085730 To professional (other than routine)services) rendered and costs advanced on behalf of the Executor and Trustee of the Estate of Ada M. Clarke, deceased, since December 14, 1973, including research for and preparation of written opinion to Executor and Trustee on the question of exercise of discretionary grants for educational purposes, receipt of and response to inquiries from Jean-Marie Clarke, preparation of written opinion on exercise of discretion for continuation of educational assistance to Margot Clarke in 1974-1975, preparation of Supplement to Audit Petition and preparation for and estimated time required for hearing of June 30, 1975--- COSTS: Register of Wills--Opinion Register of Wills--Order TOTAL JCM/db CJ D i j EXHIBIT 11 811 - $225.00 3.00 2.50 $230.50 ~ I ·' " 0 ,, ' l, ADA M. CLARKE , of the Borough of East Wasbington, Cdunty of Washington, Commonwealth of Pennsylvania, do make this my Will, hereby revoking any and all Wills at any time heretofore made by me. FIRST: I direct that the expenses of my last illness and funeral be paid out of my estate as soon as may be convenient after my death . .SECOND: I'· give and bequeath to my~ children so much of my tangible personal property as they may each select, and the rest shall be sold and the proceeds added to my residuary estate. THIBD: All the residue of my estate, real and personal, and wherever situate, 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 hold, manage, invest and reinvest said Trust Estate and shall distribute the net income (hereinafter called "Income") and principal from time to time as follows: (l) The principal shall be held in a single trust so long as~of my grandchildren, EVAN, MARGOT, CLAUDINE and JEAN, shall be under the age of twenty-five (25) years; and the Trustee shall use the Income, together ~ith so much of the principal as may in its opinion be advisable therefor, for the welfare, support and complete education of such of said grandchildren as shall need financial assistance, in the opinion ' . ~ ...... I of the Trustee. The Trustee shall have complete discretion as to how much shall be used for each,. shall have no duty to equalize, and may pay sums to the person having custody of any minor, without liability on the part of the Trustee to see to the application thereof, or directly to or for the benefit of any of said grandchildren. (2) As soon as none of said grandchildren is under the age of twenty-five (25) years, the principal and any accumulated income shall be divided into as many equal shares as there are of said grandchildren then living and said grandchildren then deceased with issue then living. (a) Any share so set apart for a deceased grandchild shall be transferred and delivered to such deceased grandchild's then living issue, per stirpes, subject to the provisions of the minor beneficiary clause hereinafter contained. (b) Each share set apart for a living grandchild shall be transferred and delivered to him or her free of trust, and the trust shall terminate. (3) If no grandchild or issue of grandchild is ~ving at the termination of the trust, then any remaining portion of the trust estate shall be transferred and delivered to those persons who would have been entitled ther~to had I died at that time intestate. (B) If any beneficiary entitled to receive a·share of.principal hereunder shall be a minor, such share shall not be distributed to him or her, but shall be retained by the Trustee until the beneficiary a·ttains majority, at which time the prin- cipal shall be paid to him or her free of trust. During such minority, the Trustee shall pay so much of the Income and prin~ cipal as it deems advisable for said minor's welfare, comfort, recreation; support and educati~n to the person having custody of him or her, without liability on the part of the Trustee to . . ' 0 .. see to the application thereof, or shall use it direct for such purposes, and shall add the remaining Income to principal, to be invested as such. If such beneficiary dies while a minor, the Trustee is authorized in its discretion to pay part or all of his or her funeral expenses, and the remaining principal shall be paid to the persons entitled to his or her personal estate; ... ·. PROVIDED, however, that the share thus accruing t9 the beneficiary of any other trust hereunder shall be added to such other trust. (C) The interests of the beneficiaries hereunder shall not be subject to anticipation or to voluntary alienation; and the principal and Income shall be paid by the Trustee direct to or for the use ~f the beneficiary entitled thereto, without regard to any assignment, order, attachment or claim whatever. (D) In the administration of the trusts herein created, the Trustee shall have, in addition to and not in limita- tion of any authority given to it by law and without the necessity of obtaining the consent of any court, the following powers: to accept in distribution of my estate and to retain investments and property which are a part of my estate; to invest and reinvest the principal of the Trust Estate in any kind of property, real or personal, or part interest therein, without being restricted to investments which are legal for trust funds; to give options for sales, leases and exchanges; to borrow money; to sell, pledge, exchange or mortgage any real or personal property; to compromise claims; to lease real or personal property for terms exceeding five (5) years; to join in or oppose the merger, consolidation,. reorganization or readjustment of the financial structure of any firm or corporation in which the Trust Estate may have an interest; to carry securities in the name of a nominee; and to distribute the Trust Estate either in cash or in kind . . (E) The Trustee may resign at any time by· petitioning a court of competent jurisdiction to designate and appoint a successor corporate Trustee. In case of the merger or consolidation .. < . ' of the Trustee, the resultant company shall become successor Trustee here~nder without notice to any party. (F) The Trustee shall be entitled to receive annually compensation for its services hereunder in accordance with its schedule of compensation currently in effect when the services a..r.e performed, but not in excess· of such compensation as would ~ be approved by a court of competent ju~isdiction.·· E.OliB.Tli..;. I hereby appoint MELLON NATIONAL BANK AND TRUST COMPANY, Executor~ I give and grant 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 under this Will, and in addition the right to distribute my securities or other property in kind to my Trustee. FIFTH: If any property (other than tangible personal property) as to which I am entitled to appoint a guardian shall pass free of trust to a minor by reason of my death, I appoint MELLON NATIONAL BANK AND TRUST COMPANY guardian of the estate of said minor as to such property, authorizing such guardian, in its sole discretion and without order of court, to retain such property in kind or to sell the same, giving good title to any real estate, to invest and reinvest in stocks, bonds or other investments without being limited to investments which are legal for a minor's funds and to use both income and principal for the minor's welfare, comfort, recreation, support and education, including preparatory, college and post-graduate or professional training. SIXTH: I direct that all estate, inheritance and other taxes in the nature thereof, together with any interest and penalties thereon, becoming payable because of my death with respect to the property constituting my gross estate for death tax purposes, whether or not such property passes under this Will, --. -..... ....._ . ....., •ll!m b rttMrft«'ad ....... -· $ ....... .. shall be paid from the principal of my residuary estate passing under Article THIRD hereof; and no legatee or devisee or any person having a beneficial interest in any such property, whether under this Will or any Codicil thereto or otherwise, shall at any time be required to refund any part of such taxes. In £6~ absolut~ discretion of my Executor such 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 beneficiaries, in which event such taxes shall be paid by the Trustee out of the principal of the trust subject thereto. IN WITNESS WHEREOF, I have hereunto set my hand and seal this lt..J.-/& day of (SEAL) --------------------------------- Signed, sealed, published a~d declared by ADA M. CLARKE, the Testatrix above named, as and for her Will in the presence of us, who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses hereto. (.r .~--£,-£, 4.. ·-1''"' I I· I . ..... !· / .. / i .,' ': . ::. .. :·. ; .. '. .... : , .. : .. : . .,, · ..... . ·~ . . : .. ·. ·.' ·' .. '• -·· . ·~ '•. .•. . '· • l Jil.LT, QTi' 8D_II i<L CL!'.RKE ..,. ; i . t . · .. :_>· . i, ADA iv'I. CLARKE , of the Borough of East Hashington, Cd~nty of Washington, Commonwealth of Pennsylvania, do make this. my Hill, hereby revoking any and all Hills at any .time heretofore made by me. · EIRST: I direct that the expenses of my last illness . ·. and f~ne~al tie paid out of my estate as soon as may be convenient after_ my death. .. : ,, · .. -~ :':~ I give and bequeath to my survivin~ childreri so mu~h of my tangible personal property as they may each select, . and ··the rest shall be sold and the proceeds added to my residu2.:r~- ·.estate. ! . ·' THTRD; All the residue of my estate, real ~nd . personal, and wherever s:i.. tuate, I give, devise and bequeath to JlffiLLON NATIONAL BANK AND TRUST C0!'•1PANY, IN TRUST, NEVERTHELESS, . for the follov.ring uses and purposes: (A) The Trustee shall hold, manage, invest and -. -· reinv~st said Trust Estate and shall distribute the net inco~e (hereinafter called ~Incom~'') and principal from time to time as · fOllm'ls: (1) The principal shall be held in a single · .trust so long as any of my grandchildren, EVAN, MARGOT, CLAUDIXL . ' J-..,~N h 11· b ' . "" L. ' +-· ana_ · .c...r-!.1-, s. a e unaer tne age o.~. v\·ien cy-J.. :;_ ve (25) years; and the Trust~e shall use the Income, t6gether with so much of the ~ri~cipal ~s may in its opinion be advisable therefor, for the welfar~, support and complete education of such of said grandchildren as shall need financial assistance, in the opinio~ \,, ... .._._ . ----··-- 1----· ~ -\ \ -.. -.. , --~~1 . ~-----·--·-----: ... ---~·-·---------·· -----.. ·--------·----------·--·----~------''· . . \ .. . . •. ·:· .... .. . ... -.. ·. , ...... :· ... ··~ . . . . .-.: ~ . .. ·. I: • · .... : .... <'• ·.· .. . . .. . . ·. :· . ' . . • . . . ···· .. •, ··:.• ··' . : . ~ .. .· .. . . . . . . . . . . of i~~ Tr~ste~. The Trustee shall have complete discretion .-_._:· ": __ ... : · .. · as to. how muc~ ·shall be used for each, shall ha~e no duty to ·, equalize, an_d may pa;{ sums· to the _person having custody of any : · ··· minor, \·lithout liability on the part of the Trustee to see to the application thereof, or directly to or for the benefit of . ... . ·any of ·s~id grandchildren . --~~ ·. .> . : . . ".· ~ ' : . .. . . ( 2) As soon as none of said grandchildren .· is under age of twenty-five (25) years, the principal and .. ." .... :. : . any ~ccumulated income shall be divided into as many equ~l ·shares as there are of said grandchildren then living and said .. · .... ·. grandchildren then deceased with issue then livin~ .. '. (a) Any share so set apart for a deceased grandchild shall be transferred and delivered to such deceased grandchild's then living issue, per stirpes, subject to the provisions of the minor beneficiary clause hereinafter contained. (h) Each share set apart for a living grandchild shall be transferred and delivered to him or her free of trust, and the trust shall terminate. (3) If no grandchild or issue of grandchild is livirig at the terminati6n of the trust, then any remaining portion of the trust estate shall be transferred and delivered to those ·persons_ 0ho would have· been entitled thereto had I died at that time intestate. {B) If any beneficiary entitled to.receive a·shate of principal hereunder shall ~e a minori ~urih share shall not · be distributed to him or her, but shall be re~ained by the Trustee U:n ti 1 the beneficiary a·t tains maj ori.ty, at \vhich time the. prin- cipal: shall be paid to him or her free of trust.· During such minority, ih~ Trustee shall pay so.much of the Income and prin~ cipal as· it deems· advisable for said minor's welfare, comfort, '""' ................................. .J._ -· __ :. , ... .-·. .'.' i. .i . ·:_ .;' ~, I sec :to thE: applic;;ation thereof, or s'lwll use :i, t dire.ct for sucli·· purposes, and shall add the remaininc; Income to principal, t ,• • • • ~0 b~.i~vest~d as· such. ·If such beneficiary dies while a minor, the Trustee is authorized in its discretion to pay par·t or all of hi~ 6r he~ fun~ral expenses, and the remaining principal shall b.e paid to· the persons entitled to his or her personal estate; PROVibED, however, that the share thus accruing ~p th~ beneficiary of any other trust hereunder shall be added to such other trust. ·--·-,·. , . (C) The interests of the beneficiaries hereunder ~haJ.,l .not be ·subject to. anticipation or to voluntary alienation; ' and the principal and Income shall be paid by the Trustee direct ' . . ' '· . . ; ;'. -·· _:. ·to or 'for the use 6f the beneficiary entiiled thereto, without regard to any assignment~ order, attachment or claim whatever. · .. ·. :(D) In the administration of the trusts herein :; __ .created,. the Trustee shall have, ·in addition to and not in .limiti:.- . tion of any authorit·y. given to it by lav.r and without the necessity . . . . . of obtaining. the_ consent of any court, the follm'ling pm·:ers: to accep.t in distribution of my estate and to retain investments anG. . . . ·property which ~re a part of my estate; to invest and reinvest the p~incipal of the Trust Estate in any kind of property, real . . o~ personal, 6r pa~t int~rest therein, without being restricted ·to investments v!hich are legal for trust fu...'1ds; to give opt~o::s foi sales, ieases and exchanges; to borrow money; to sell,_pled;e, exchan~e or mortgage any real or personal property; to compro~ise . . . . . .· . claims; to lease real or personal property for terms exceedinb fi~e (5) years; to join· in or oppose the merger, consolidation, reo~ganization o~ readjustment of the financial structure of any 'firm or corporation in which the Trust Estate may hav~ an -. . intetest; to carry securities in the ·name of a nominee; and to dist~ibute the Trust Estate either in cish or in kind. . . . . a co~rt of compete~t jurisdiction io designate and appoint a s~cc~sso~ corpo~ata Trustee •. In case.cif the merger or consolida~ic: .. '. L_ ... ______________ _ ·----------------- ·I _.,,· ... 1·' c ·;" I I of ·the Trustee, the ·r·esultant company si1all become successor Trust~ee hereunder· \·li thout· notic·e to any party. ·-. (F) The Trustee shall be entitled to receive annually • . . ,i ~omp~nsa tion for its services hereunQ.er in :accordance with its ~chedule or.compensation currently i~ effect when th~ services · ai.(per~ormed, but not in excess of such corr:·ipensation as \'lOUld . be :approved by a court of competent j urisdirction .· .. EOUR'T'~ . I hereby appoint l\1ELLON ~~ATIONAL BANK AND ~RUST COMPANY, Executor~ I give and grant to my Executor the i ; same broad powers ·of retention, sale, conve::rs ion, investment : ari~~~an~gement of my estate, real and pe!~onal, as are granted . .· . . .• to my Trustee under this Hill, and in addition the right to distribute my securities or other property in kind to my Trustee . . . · FT~TH~ If any property (other than tangible personal ~ prop~~ty} as to which I am entitled to appoint a gua~dian shall pa~.s free of tru·st to a minor by reason of my death, I appo~nt MELtON NATIONAL BANK AND TRUST COMPANY guardian of the estate of ·said minor as to such property, authorizirig such guardian, in its sole discretion and without order of,court, to retain such p~9perty in kind or to sell the same, giving g~od title to any r~al estate, to invest and rejnvest iri stocks, bonds or other investments without being limited to inves t!:.ents \'ihich ~re legal · .. •" : . .· . to~ a mirior's.funds and to use both income and principal for the minor's welfare, comfort, recreation, support and education, . . . ~ in~luding preparatory, college and post-graduate or professional training . . . · . -. SIXTH: I direct that all estate, inheritance and . . ·other taxes in the nature thereof' together \·Jith any interest pcrialties thereon, be6oming payable because of my death with respect to the property constituting my gross estate for death _,...._ ....... c. •• ·- tax pu~pos~s, whether or riot such property passes under this Will, . : ' . . •. _,_ ............. ~ .. '!<"' ... ''1"!. ,.,.., __ ..,..,._..,..,, __ ......; __ ·--·~ -~. .. 1--·- i -· • -: (._j . ·-· --~-''" -'--,. -••••• _, •• ,, ___ ;;: .. --~-~-----------••• -......... C •• -----·-----· ...... -i--'·--··-------· .... C.~ ---·--. ~ ...... --: __ , .... -)-i , r .... · -~ ... : ... . -;.',. ·; · .. ·.··. .. · , .. · .... · . . : ~-: · ... ·.·· . ··.·.·· . ·, .·· . .. l shal.l be paid from t.be ' j ) of 1.··1y r•csJ" dual'Y estate '1J.·.assing pr::.nc p~t.. - ~nde~·A~ticle THIRD hereof· . . . ,) a~d no lcgDtce or devisee or any I ·I · ·person having a beneficia-l intc 1;cs t in any such property, .·· .. vlhether under this. Hill or ar c~ ct• ciJ thereto. or oth.er\·iise. sha·ll :y \,) .l. . ~ . ·. "a:t any time be required to refuncl any part of such taxes. In .'·uh·e absolute discr·etion of my Executor such taxes may be pa:i.d ~im;nediately, or the payment of taxes on future or· remainder -interests may be postpot1ed until the time possession thereof :accru·es to the benefic.iaries, in \·Jhich eve:-1t such taxes shall =be paid by the Trustee out of the principal of the trust subject · "-thereto . -IN WITNESS WHEREOF, I have hereunto set my hand and · -sea.l .. this iLt ~ [v day 0 f_-J-,7..J...J".j..LJ (J...<l .6'-"'~'-;!.::J.L-----) 19 6 8 . . #4<--' . 771·. t-14.1& __________________________ (SEAL) .. .. ·, . ·:···· ···>. · . Signed, sealed, published and declared by ADA M. . . ·-CLARXE, the Testatrix above named, as and ·:ror her \Hll in the · presence of us, ·who, at her request, in her presence and in the pre~~n~e ~f each other, have hereunto subscribed our names as . ~ . .· . -~it~esses her~~o . ..:.-' ... · ' ~ : . . . . . . ~--0_'~·>-.> (l_r-.-<~t--:__ ~ D .-/7 • • ·' 0 /" I . . . /' -'? /') . ·. ·' Address: L .-;?.? T-.:.-.· 1-h---<-~"' 0-f.. ·.-lt· L--'r.?.-. r7 / .. ,Vt\ rv.;. rv-............-:..:-'--............... -} Lr'C,, " J . . -- •' \... ~ ... ' eot£he. ,• THIRD; All the residue of my estate, real and ...... · peraonal, and wherever eituate, I give, devise·and bequeath to '.' .. MELLON NA'l'IONAL BANK AND TRUST COMPANY, IN TRUST, NEVERTHELESS, ·!~ •. 'f . ' ,•. tor the following uses and purpose&: • •! I " ~ ···, 'l (b) free of trust, and the trust shall terminate. •' '· ., ( 3) !', ., persons who would have been entitled thereto had I time .intestate. (B) of principal hereunder shall be a minor, ~e distributed to him or her, b~t shall be ' :· ~ .. ' t ' .. ··or any other trust hereunder shall be added to such other ~rust. (c) The interests of the beneficiaries hereunder· ·•) .,. shall not be subject to anticipation or to voluntary alienation;··· ~~~ '' and the principal and Income shall be paid by the Trustee direct ./ 3;;;,l~, to or for the use of the beneficiary entitled thereto, without regard to any assignment, order~ attachment or claim whatever~ (D) In the administration of the trusts herein created, the Trustee shall have, in addition to and not in lim1ta- . -....... ~'"': '· . ,.'1 t."'r' .. ~l' .~ ,. tion of any authority given to it· by law and without. th~ necessity····,::· to -!1· :f"i · .. ~:. JL;trluution of my estate and to retain investments and . property which are a part of my estate; to invest and reinvest the principal of the Trust Estate in any kind of property, real _.-~~... .... or personal, or part interest therein, without being restricted to investments which are legal for tru~t funds; to give options for sales, leases and exchanges; to borrow money; to sell, pledge, . ~- exchange or mortgage any real or personal property; to compromise .;_,· claims; to lease·real or personal property for terms exceeding : , I .five (5) years; to join in or oppose the merger, consolidation, _ . .., ,::•h1 . •• <I" reorganization or readjustment of the financial structure of ... . '' t"'"-'> {j' . ' ,., 'it,~ :-. I ( ~. <' ... are performed, but not in excess of such compensation as wouln be approved by a court of competent jurisdiction. FOURTH: I hereby appoint MELLON NATIONAL BANK AND TRUST COMPANY, Executor. I give and grant 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 under this Will, and in addition the right to distribute my securities or other property in kind to my Trustee. •, ' FIF'l:ij: If any property (other than tangible personal •• ''t property) as to which I am entitled to appoint a guardian shail pass free of ~r~~: Mt;L;..u;. NATlvNAL rANK AN:; TRUST COMP.ANY guardian of the estate ,.of " .. .. ·~· ,( .... ,",·' . . .'i: ,; . ;. ·, '· .. \J,~,~' ' '" ,, ' ' .• \J.". said minor as to such property, authorizing such guardian, in 1 ts ··: ~-.:··: •:~· l• . ' sole discretion and without order of court, to retain such . ; """ ... ~ ~~.~~ :&~,t,•f>• > •• ·~ .t!,: :' . . ,, ... ·~~-··:.~·:"\ .. ' '~ f.·' ;t ~.: f ·,,!' .... ~ .'>-• '. " ('' I> '. ,J: '·' '• ·-. ·- ( < whether under this Will or any · th.e absolute I discretion of my Executor ·such taxes thereto. IN WITNESS WH&~O.f, I have hereunto set my hand·and . sea 1 t h 1 s _ _;,l...;;jyr;...l~l£.:.--day of_+]h+-~M~_...---· ___ , 1968. .-· ~ M· t.f"""'/cv __________________________ (SEAL) !' ., 1 ' ... • ·. ~ i,l .~ lj ' publleheJ and ~eclared by ADA·M • '. CLARKE, the Testatrix above named, as and for her Willin-the presence of us, who, at her request, presence of each other, have hereunto subscribed our nam_ea as ' ' witnesses hereto. , .. .. """ '~U>:;. CER!I:f1C,i\.TE 'OF UVE :BIRTH -~· ':" STA~ OF ALABAMA 2. USUAL a. State B~TH NO.] 0 l• ->(. c. City (If outside city or town lim~~,~lte RURAL) Or · ----r-:: JJ 1 · "? !:) .• , "'l.- Town JL<·fC4.t.OO.S¢ ·;,;;) · cr.'» eat No. e. StrMt .;ri. • ( rural, give location) ~,. Acid.r•u , -·: t..-• ~ r-,r .r 1 5b. If Twin Or Triplet (This child bo1•n) (Day) (Year) Trlplet r J 1st r 1 2ncl r l 3rd r 1. FATHER 01" CKILD t.:~ ~ .~ .e ·, . , -.. . ' '• -,, -·· '• -... ,,· ·, ·' '. '• -... :, •, -.,. (•--'. ., '• ,•, -, .·.,, ·' .•. -i .,_- -... ~' , ' t.' ,, 1-.. · ·,. i' .I,· ., ,· .. ~ I 1 - '· . rn ·fhe . Orphan's· Couii' 'of ·_ ·' · · ~ ~" .:·~;!aallinaton Co~n.iy, ~a; ·· . l '. ,-n ....... ~ .. ·'··· •••• , •.• _ ••••.. .,·.~·· -11~;/c.c/3···· ., ·,.,· '. ''t .~. J •• J •. # ••••• •. I'• ., ••••.•••••. I • ~t;, ,u · ::"Jh:r.d!;d, iJ We/ill S~ografll1er · · • • I ~ ,· ·,- ,'1 -, .. -.. '. ·., ·,, ,I ·,r, ,•, ,,· ·'· ·'-· .. ·' I I· ,•, ·I '• -... ",t.' ,, ·, • 1. ··r . '' •, . ' '-r ' : ,, i] -.t, -.. , I· r ·, •I ., ·•· ~_: __ _: __ ~~~----~~~·~·~----~--~~--~~~~--~ .................. , __ ___ ·'• ·, .. , ·.,. 1 t. 1 '' ' I I ~ ·.r. ·'• v - - ]n tl1r ~rpqann· illnurt nf lltlla.aijingtnit Oinunty In the matter of the Aqdit of Account in ). Estate of ADA M. CLARKE, a/k/a ~ No. 63-7Q-517 , 19 __ , A.A. ADA McCOY CLARKE : ) TO THE AUDITING JUDGE: Enter our appearance for Accountant ---~----------------------------- /' McCREIGHT, MARRINER & McCREIOHT ~ ·~e.~~~ J.!d4~/March · 19 71 > - N. B.-Counsel shall, by separate paper, present a concise statement of each claim, with supporting calculation of any interest claimed. Objections to an account as filed, shall be concisely stated in a separate paper. Council suggesting proper distribution shalf file a separate concise state- ment in that regard. · -, No. ___ _ , l 9 _____ , A.A. In re Audit of Account in Estate of AUDIT Jrarripr for J\pltrat;unrr FOR ------------- ------------------:=----------v-~ r-=~l ( •. ----=--======== -- Attorney II - '!': .. l. PLACE OF BmTH · a. Coi&Zity ...--:-- ;. --,' ., -.. f .... ' ""\'<¥'"1"' .. ~;/ ~ --., .i.' .. .. ••• •. ·z..· I~ i' .·l-- I' ·I• I' 111" 'I ·, •'· ---•'• .e ·r~· -' ' ,• ,·. .· I" ·, •' .. · r. ,· ;. _- '· '' •'• I, .•, ·, _,· 1:, , .. ·r ,., ,I ... - ',tl : ·~ . • -j • ~ • ~ r . '' I I ~ p • ,•, •I- I ·I: '· .• . , •' .,• ·.r·-r· .. , ,·, ,, ·rr 'I ,·. ., ., 11,· ·-r: ., .. , I 1 -1 ,'. tl 'I·,- ,• -·:1 ,,.· .· -; ,!,· .. , ~· • ' ~·. ' . • • t-·, • .r,-'t'• I '• -, .. . ,· ,· • t'• .,.· 1' ' 't ,· ,· •' ,·, 1.· .. '. _·,r· lr' 1'' I ,•. ,. 4t. r ·'• 1 t, •- '· ·•· ·!- .· ·, ·'• .. ->Ill ., ., 1-'. . · --.1 ~-0 t i I I • ,,· ,•, ,, ,tl- r' -.. ~ --f 4 +. rr··: _·]·· ·'· I. ·'· • 'I '' •'· '. •' ' ,· '. I -~ ~ 1 ill •'• ,•, • ~r· I' .•rl ·-r···.-··:· I t • ~ ~-" 1 • I" ,. , .. ' ·, t'•- .. •• 1. ·,, : ~ I -lr_•. __ .,· _"1·. ,• . ---~·1 ,•, _, .. .,. ---_"·1· ... · ·.··· ,· jl::: . , . ~· ' .. ·. ,·, ..• •,t,--.. . -_ ~-r· .· ··r·_. ,· .·, -----1 -• 1 t • ~·· -~ ~ -- '• ,·, :_·. t .·-,._ ·,. I' ' I '• lo -I ~ I > • ,•. .· -~ ·.' ·!·' ,1. - • I ·I • I•' I 1 o. '!I , 0 _, • , I •• •! I _ ·· _-lnr the .Orphan's. Court ot' · . .r--· .•. · · ... · · :\Nash\ngton county: Pa.·~: ·. ·: ' ' ,,, -'t .-.;-i -_I'' ,., .1':'-.blhit·' :3 . -. --I,·-••• .-~:":*'" 1.'\ ••••• • ••• · .• ,. • •••••••• • •. ···r·: ·' . { -.,, '.13. -, .. --: .... ·-_--;:.-.. ·--:,\:-\ I-~-· ·. -···· ._. ~-.,· i . u---·' ; ......... ·-• • • • ••••••.••.•. • •. ,, •· . t ;~tnmonu~i (niib\al ·:3tenocirap~ic\: ·. • .' '. . • ,._. .•. I-. -, , -I ~ 4 • ._• j I ~- •'· -,t, ,t,' 1 • •. ·,,,-. -.. ,·1 . rj~-.~1-. ,· ',1, 1· ·.1, .rl• ·j -, ,•. I-•,, 4 ·r··. ,-. ,I. '' ·'· •'' -~~.·- •, . ~ ... ,. ... .t.-. ' .~.· ,_. ·, •' ···- -: I < I • ~ -'' . ,•, '. l't" •'· •, ol· ·'· ,· •' .·.· ·, ---~ ~--------· ---~------·--~---~ ----: .. ·__;:_·--~~ ... , . --' OFFICE OF //1 . NO. 63-70-517 CLERK OF THE ORPHANS' CqJl!TR'll • W~hin~on~y, Pt:i/ A\N~J\..~ ~.~ . WASHINGTON. PA. ............ 3.~p.:\<.o .. ..2 .. 8. ......................... lmiJ. .. . · \J~ \ ?! Guardian . . Administrator · Executor Mr ...... ---······················r·························································································································································• Trustee of the estate of ...................................... kD.A. .. .M. •.... .CLARKE ................. ~~---·N.o .•..... 6J.~.7.0.~5.1.:7.. .................................................... c ••••••••••••• The Fees amount to $ .. , ... ._3 ... D.O. .......... .in the proceeding ·for ..... GEAIM ... o.f .... ROBERT .... HII.Gl:IE.S .... C.LARK ......................... . At No ....... as .... a.boY.e ...... Term, 193 ........................ , ..... ~-~--~--,-~ .... :'!" •••• ~-------·····--in this office. Please remit at e once and have or send this bill, that the docket may be properly receipted and you credited with same. Yours truly, Docket...................................... Page ............. , ........................... . Russell Marino_l ····----~·-············C'lerk o. c. .. ............................................................................................. . And no·w .................................................................................... , 19 ............ , Received above costs, to-wit $ ................................................... _.: ....... . and the docket has been properly receipted for same. .:_ ......... ----------'--·---------··-----------C'lerk 0. c. --~ .... ~........ . ;._ ~:;~·--: .... ~ --... -~: .. :. .. ~. ;i I "'"' ..... ·-:-~ of..-:--..::·-:;. ....... . ~-·t i._ .J-~,:~~ ~ t ~-. :.:~I! . -· '~. ~ ... ~--~~-: ~-·:: :. ··:.-.~ .; . . . .:·::- J. ~':~ 'L ... . ·~ .'- .... _ ~-.... ~ : -i •'i -: ~ -~ :1 ·' . . ~ -IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENN~. IN RE: ESTATE OF ADAM. CLARKE, z ~ Deceased. )o Ul z z 1&1 D. i 0 I-I!) z :X: Ul < s: ..: BEFORE: 0 a: 1-Ul 0 .J < ~ APPEARANCES: :::l ., :t i-" N ai a: 1&1 1-a: 0 D. 1&1 a: ' 1-a: :::l 0 0 .J < 0 ii: II. 0 TIME: THE COURT: ORPHANS' COURT DIVISION .•. ) ) ) ) ) ) ) No. 63-70-517 TRANSCRIPT OF PROCEEDINGS ... ~ I , THE HONORABLE PAUL A. SIMMONS, Judge of the said Court. JAMES C. McCREIGHT, ESQ., of Washington, Pa., representing the executor and trustee of the estate of Ada M. Clarke, deceased. ROSS ARMBRUSTER, ESQ., of Alton, Illinois, representing the Claimants, Richard C. ClarkE, II and Robert Hughes Clarke. DAVID L. GILMORE, ESQ., of Washington, Pa., Guardian Ad Litem. Friday, November 16, 1973. Today is the time and place for a hearing in regard to certain matters arising in the estate of AdaM. Clarke, deceased, in tbe Court of Common Pleas of \iV c:~.shingto n County, Pennsylvania, Orphans' Court Division, Number 63-70-517. At _, . , -Iii:'. 4 / - ~ z < ~ >-(/) z z Ill ll. i 0 1-(!) this time, would ail counsel who have an interest in this matter present themselves and enter their appearances? MR. McCREIGHT: May it please the Court, I appear here as attar ey for the executor and trustee of the estate of AdaM. Clarl<.e. And I would introduce to the Court and move his; admission for the purposes of this case , of Ross Armbruster of Alton, Illinois, who is attorney for the claimants, Richard C. Clarke, II and Robe t Hughes Clarke. z THE COURT: The motion is allowed, and Mr. Armbruster, :I (I) < ~ ...: (J would you enter your appearance? ~ MR. ARMBRUSTE~: (I) Yes, I will. Thank you, Mr. McCreight. I 0 ..1 :::: ~ 0 :::> ..., :t ,_ 1'-111 IIi II: Ill then do enter my appeara nee. My name is Ross Armbruster, Attorney at Law . •· THE COU'RT: What is your addres? and telephone number/ ~ MR. ARMER USTER: My address, Illini Building, Post Office Box 0 ll. Ill II: I-ll: :::> 0 0 ..1 < 0 • • H '' . 191, Alton, Illinois, 62002. And my telephone nu:rnb'er is ·Area Code ti18, 4ti5-1333 . 2 Mr. Gilmore, do you want to' enter .your appea ance? ~ THE COURT: 0 State the parties that you represent. ... - MR ·. GILMORE: Your Honor, I am here representing the named grandchildren in the will of Ada M. Clark~, deceased, in the capa< ity of guardian ad litem, having been appointed by Judge Marino. S·ome time ago. The named children are Evan, Margot, Claudine <>nrl To<>n r'J<>yoJ?o Anrl rl::~nrlinP ;~ nnm married and her name is ~ . ' ~ z < ::; )o Ul z z 1&1 Veriner. THE COURT: As I understand it, a·stipulation has been made as to certain relevant facts in this rna tter .. V\ ould you pleasE present the stipulation, Mr. Armbruster? MR. ARMBRUSTE.rl: ' . Yes, Your Honor. At this time,.'if the Court please, we should like to identify this. (Stenographer marks Claimant's Exhibitsi 1, 2 and 3). ~ THE CGL'RT: Mr. Armbruster, at this time, do you havea.-:t 0 1-~ z J: Ul < stipulation you'd like to read into the record? ~ MR. ARMBRUSTER: Yes, I·have, Your Honor. I should like to ...: u it l-UI c .J < u c ::> .., J: .... .... "' ui a: 1&1 I-ll: 0 IL 1&1 a: I-ll: ::> 0 u .J < u ii: ll. 0 offer in evidence and read into the record a stipulation w liich has been signed by all counsel for all parties here. This reads with the caption, "In Re: Estate of Ada M. Clarke, deceased, Number l:i3-7U-517. Stipulation. It is stipulated and agreed by and <between the parties hereto and their respective counsel, that pertinent matters in this estate cone erning the names and ages of persons related hereto are as follows: 1. Ada M. Clarke died testate May 12, 1970 and her will has been probated, said will being dated March 14, 1968. 2. The only children of Ada M. Clarke are "WilliamN. Clarke, born August , 1917 ... " this is not in the stipulatio:1, ---- what I am saying now, we could not exactly determine his day of birth. Then reading on in the stipulation it says, "And Richard C. Clarke born June 3, 1923. .. ::5 z < ~ >-en z z Ill 0.. i 0 I-C) z X en < ~ ...: u ii: l-UI 0 .J < u 0 :J ., :t I- I' Ill ---------------------------.,-------- ' 4 3. At the time of the death of AdaM. Clarke on May 12, 1970 she had four living grandchildren as follows: Evan Clark~, born October 3, 1950 and Margot Clarke, born July 4, 1954, the children of Richard C. Clarke, her said son above, by his first wife, Marguerite Clarke, and Claudine Clarke, born May 7, 1951, and Jean Clarke, born May 7, 1951, the children of WilliamN. Clarke, her said son above. 4. Also at the time of the death of Ada M. Clarke on May 12, 1970, another grandchild of Ada M. Clarke, namely, Richard C. Clarke, II, had be en conceived, and was later born on June 23, 1970, the child of her son, Richard C. Clarke, and his sEcond wife, Betty Clarl<e. 5. Another grandchild of Ada M. Clarke was born after the death of Ada M. Clarke on May 12, -1970,1 namely, Robert Hug es Clarke, born June 28, 1971, the child of her son Richard C. Clarke and his second wife, Betty Clarke. Thi~ child, Robert Hug es Clarke, was not conceived during the lifetime of Aaa· M. Clarke. Entered into and dated this 2nd day of NovembE;r, '1973." : t Signed for Evan Clarke, Margot Clarke, Claudine Clarke, Jean Clari~e by David L. Gilmore, Esquire, Guardian Ad Litem. Signed for Richard C. Clarke, II, Robert Hughes Clarke, by Ross Armbruster, Attorney for the above claimants. Signed for Mellon National Bank and Trust Company, Trustee under the . '~· 'J ~ z <( ::i \Nill of AdaM. Clarke, deceased, by James C. McCreight, Esquire, Attorney for Trustee. And also, if the Court please, we should like to introduce Claimant's Exhibit 2. THE COURT: For the record, Mr. Armbruster, the stipulatipn that yO.'U' ha\T·e read is Claimant's Exhibit 1. Is that correct? ~ MR. ARMBRUSTER: Yes. I forgot to say that the stipulation which z z Ill D. z 0 t-C> z :X: Ill <( was read is, of course, identified as Claimant's Exhibit 1, and it s offered in evidence. ~ THE COURT: It is admitted . ...: u ~ MR. ARMBRUSTER: Then there are two Certificates of Live Birth Ill i5 ..1 <( u 0 ::J ., :t 1-,... N ui n: Ill t-n: 0 D. certified by the State Registrar of the State of Alabama, the~first of,·which is\.idenfif.ie.d·as Claimant's Exhibit 2, and which certifies the birth of Richard Crawford Clarke, II, born June 23, 1970, to Richard Crawford Clarke and Betty Jean Hughes. That being 5 Ill a: t-a: ::J the maiden name of the mother. But her name, of course, by mar iage, 0 u ..1 <( u is Betty Jean Hughes Clarke. ~ THE COURT: Is that Exhibit Number 2? 0 MR. ARMBRUSTER: Yes, Your Honor. THE COURT: Would you request its admission? MR. ARMBRUSTER: I wfill. -We should like to introduce in evidence Claimant's Exhibit 2. THE COURT: It's admitted, with no objection,, of course. .. .. ~ z < > .J >-Ul z z Ill 0. i 0 1- MR. GILMORE: No objection. MR. ARMBRUSTER: Claimant's Exhibit 3 is a Certificate of Live Bi th by the State Registrar of the State of Alabama of the birth of Rober Hughes Clarke on June 28, 1971, to Richard Crawford Clarke and Betty Jean Hughes, being the maiden name of the mother, ·and whose married name would be Betty Jean Hughes Clarke. This Exhibit 3 regarding the birth of Robert Hughes Clarke we should like to offer in evit}enc e. ~ THE COURT: There is one other question of fact that might :r: Ul < ~ be relevant here. And that is the age of the oldest grandchild. Do any of you know that ? ~ MR. McCREIGHT: Yes, I have a record of that, Your Honor. u 0 ; MR. ARMBRUSTER: :t ... And our stipulation covers that, Your Honor. . . ' • • " Ill The oldest child or th.e youngest child.? · ui II: Ill ~ THE COURT: 0 0. Ill II: 1---11: :::> oldest grandchild. The oldest grandchild. Vie need the age of t.he As a matter of fact, it would be good to have Ue 0 u .J < ages of all the children. u ~ MR. ARMBRUSTER: We do have the dates of birth in the stipulation. 0 THE COURT: Of Margot and all of them? MR. ARMBRUSTER: Yes, sir, of every one. The oldest child happe ed to be Evan Clarke, a child of Richard, b.orn October 3, 1960. THE COURT: Now I think we have all the operative facts that we need to argue the matter. We can close testimony on this. 7 M.R. ARMBRUSTER: There may be one other matter, Your Ho.nor. First, I forgot, I supplied other counsel witl?-a short reply brief, which I brought with me because I did not have time to ma.il-~it .. It does not bring up anything new, Your Honor. It merely tries to !neet some of the points raised by Mr. Gilmore in his very able brief, I will say. Now there is another matter which perhaps sh uld be discussed at this time. It may he a matter of evidence. I shoul~ like to present to the Court this proposition. I have filed a Petitiop. for Attorney's Fees in this case. I don't know whether Your Honor has run across that or not. THE COURT: We've got a big file here. We will checl~ it. MR. ARMBRUSTER: It's in the file. And Mr. Mc.Creight at that timE filed an Answer, being very charitable and generous in his P.nsw er by saying he did not question that at all, exce~t that he thought some proof should be made as to the attorney's fees. And I would e glad to do that, if that would be required. THE COURT: Yes, I think it might be to your interests to give us a little outline of the various services rendered and reasonablerfe-ces that you think. MR,. ARMBRUSTEr{: Should I do that now or do it under oath? THE COURT: Well, I don1t'think you have to do that under oa h. MR. GILMORE: A letter ought to be good. 8 THE COURT: You wouldn't require him to do this under oath Ml-{. McCREIGHT: No. THE COURT: As an officer of your Court and admitted to practice here specially in this matter, we will take your word of what you have done. MR. ARMBRUSTER: I appreciate that very much. THE COURT: I think what we ought to do though, when the tine comes for that,. you haven't completed all your work on the case, have you? lVffi. ARMBRUSTER: I haven't concluded it, Your Honor. THE COURT: I would say you ought toJSubmit a petition for c< unsel fees along with an itemization of services rend:ered, ·submit copies 'I to the respective counsel for their consideration, and if there are no objections, we will act accordingly. MR. ARMBRUSTER: If the Court please, no, I will not add anything to th~s. I have a bill for fees, time spent and so on in the amount of $1919.21, which shows _items of expenses plus 50 hours of wori' at $35.00 per hour. Of course, I have actually spent a great deal more time now, but I would not add to this. I don't know that that amount is justified, even that amount, because of the amount of the shares here. I hadn't thought tabbut that too carefully. I would think the Court perhaps w auld want to reduce that if there is an allowance somewhat. Because this estate amounts to around $30,000, doesn't it, Mr. McCreight? e·. ' Q MR. McCREIGHT: I believe so. MR. ARMBRUSTER: If there are six grandchildren, no one would I' succeed ~O.rrnPrethan $5,000. Also, I hasten to say that the ·, .. will does say that the trustee does not have to divide this equally. -They are very uroad powers and discretions in it. However, ~ z how much these children would get, I don't know. < > .J )o Ul z THE COURT: Have you appended your statement to your Petition z 1&1 D. i for Counsel Fees? I mean the copy of your itemization of counsel 0 1- Cl ~ fees. :r Ul < ~ MR. ARMBRUSTER: That is in there, Your Honor . ..: u a: 1-MR. GILMORE: Since we've gotten into this, Your Honor, I hav"' Ul -i5 .J ~ u a; petition as well. 0 ::l ., MR. ARMBRUSTER: One thing that Mr. McCreight did raise, and :t 1-"' N I think properly, -was the question of mother and father, Richard C. ui 0: 1&1 1-0: 0 and Betty Clarke, shouldn't provide ·my expenses, and I think that D.. 1&1 0: 1-is a proper inquiry. It so happens that Richard is not very well 0: ::l 0 u .J and I had Richard and his wife sign an Affidavit, and I furnished < u ii: II. copies to other counsel, which l should like to introduce, if 0 -there would b~ no objection. I don't know how else to present it, other than by deposition or some such manner. But the Affidavit does show in general that fih_ese people are familiar with what I havt:::. been doing for these children, and that because of their circumsta ces and the illness of Richard C. Clarke, which restricts his earning l 10 ability, they are unable to provide funds for my expenses. THE COURT: Would that affidavit be sufficient, Mr. McCreiE ht? MR. McCREIGHT: I am reluctant to object to it, Your Honor, but I do wonder whether it might not be supplemented by the hind of tt ing that the trustee is requiring of the beneficiaries of the trust to pro e their need, which is a financia 1 statement. MR. ARMBRUSTER: We 1 d be glad to furnish this. THE COURT: I think that is in order. MR. ARMBRUSTER: I will be glad to furnish it. Is it your idea we should introduce it now, but. supplement it later? I MR. McCREIGHT: THE COURT: MR. ARMBRUSTER: That would be fine. ,. , '· Do you want to mark it as an exhibit? Yes. By the way, I have made a bad mistake . here. It should be funds for expenses. Your copies are wrong. Funds for expenses, instead of extensive. That covers everythirg that I wanted to add, except to say this, though: there is somethinE else yet to add. The Court requested and Mr. McCreight advised me under your practice here that I should file a Power of Attorney from my client, Richard Clarke, and that was requested at the tine we were involved in the estate of his father. Now that Power of Attorney then was also filed, here and there was an amendment rna e to the Power ·of Attorney, whereby the father, being the natural guardian of the ch i.ld at that time born, Richard C. Clarke, II, ------------ 11 authorized me to represent that child, and I did file that .b:etre. · An amplification to the Power of Attorney, I have not filed one. I t We overlooked that. We didn't file an amplification of this Power o" , . Attorney for the second little boy, Robert Hughes Clarke. I have e that. ~ z THE COURT: Don't you think this might serve as the same th ng? < > ~ >-II) MR. McCREIGHT: I'm not challenging it at all. , z z Ill 0.. i THE COURT: Rather than quibble a bout these things, it says 0 1-C) ~ Richard Clarke says he is familiar with the legal work which is X II) < ~ being taken care of by Ross Armbruster of Alton, Illintois;, _on bel alf ...: u • II: 1-of the two children~ .You·have i-t;aU down here. II) -c .J ~ ~ MR. ARMBRUSTER: I suppose that indicates his consent. Thank you c :l .., very much . :t ... ... N THE COURT: It further requests that monies be paid from th ui II: Ill 1-II: assets for these This would be sufficient. 0 0.. Ill II: 1-MR. McCREIGHT: Perfectly fine as far as we are cone erne d. II: :l 0 u ~ MR. ARMBRUSTER: I wanted to cover it in case it wasn't otherwise < u ii: II. covered. 0 " -(Proceedings Closed). 11111""'---- I .. Stenogra~her's Certificate I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the hearing of the above cause, and that this copy is a correct transcript of the same. Certificate of Hearing Judge ui n: ~ The foregoing record of the proceedings upon the hearing of the n: 0 a. ~ above cause is her.eby approved and directed to be filed . .... n: :J 0 u ...1 < u ii: II. 0 By the Court, ~~ Paul A. Simmons, J. • Form RCC-33 COMMONWEAlTH OF PENNSYlVANIA DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS RESIDENT DECEDENT COUNTY OF Washington ............................................................... IMPORTANT: This return must be completed in detail and filed in duplicate, with will attached, with the· Register of Wills of the County where decedent resided; Return is due within one year after date of death, unless an extension is granted by the Secretary of Revenue. (Section 703 of the Inheritance and Estate Tax Act of 1961.) -------=~::~:~;~;~~;A= OF --·· --}::::.: Late of ...... ............... . .... .... . 8,{3 .. lng . Qll... .... . . ...... .. . ... . . ... ..... County ::.: .: ~~==~:a-: ::·-_::_~--:-~~} '" A..!.~~.~ .... ~ .. ~ ...... Q~.~) ..... 'l.'.:t:}.t.§~ ... Qf..f.~.<:!.~.:r..., ..... .M~JJ:,gn .... Ng,t..:LC?P.?.,l .... ;l3.9.,n~ ..... ~9: .... ~.rnr:>.t. ..... G.Qm.:P?.,P.Y. ................................ . Eueutor of the estate of the above-named decedent being duly sworn, depose and say Decedent cHed .......... M.9.Y ................ l2.t.h.... . ......... , 19.70. ........ ,] testate leaving a last will, copy of which is hereto attached. } (Month) (IJay) (Year) l i ... -~ate W ohthoemrNa:l:lethca:o:rir:e:s:pro:n:d:ern:c:ee:tstthaoo;u;vled: b~:e} ................. M~JlQ;r:t. N.~i:;:j,q;q.~l Bank ~nd.Trus.:t ...... C.ompany ...................... . .. ... .. E:· Ma~J1 St!~~t &: gp.~ri'y AY~l1:tJ:~, Y~?ll~J::lg~gg, ?~P.:J::t§YJ.:Y~~.~ ...... . mailed. That as such .......... E.~~-g:g,t..m: ................. deponent is familiar with the affairs of said estate and the property con- < l'xecu tor·Administra tor) stituting the assets thereof and their fair market value. That at the time of death there was no safe deposit box registered in decedent's individual name, or jointly with, or as agent or deputy of another, or in decedent's individual name, with right of access by another as agent or deputy, with the exception of the following:- THIS SAFE DEPOSIT BOX RENTED IN NAME OR NAMES OF RELATIONSHIP OF JOINT HOLDERS TO DECEDENT That the contents of said safe deposit box or boxes are itemized under Schedules ______ of this return, with the exception of the following, for the reasons hereinafter set forth: That Sc.hedule A attached hereto and made part hereof sets forth fully and in detail all the real property in the Commonwealth of Pennsylvania of which decedent died having an interest therein. It also sets forth the mortgage encumbrances upon each parcel of real property at the date of death, giving the amount still due at death, name of mortgagee, date, rate of interest, and book and page of record thereof. It also sets forth in the columns provided therefore the assessed valuation of each of said parcels, the estimated market value thereof as of date of death of decedent. That Schedule 8 attached hereto and made part hereof sets forth fully and in detail all personal property wheresover situated owned by the decedent at the time of death; all moneys left by the decedent at the time of death, whether in decedent's immediate possession, standing to decedent's credit in banks of deposit, savings banks, trust companies, or other institutions, whether individually, or in trust for any other person or persons giving also separately the accrued interest thereon, if any, down to the last interest day prior to decedent's death in the case of savings banks,. and to the date of decedent's death in all other cases; all bonds, postal savings, treasury certificates or notes and other evidence of in- debtedness of the United States to the decedent; all obligations, whether by statute or agreement they are designated as tax free, of the United States, or any state, or political subdivision thereof, or of any foreign country, which are owned at the time of death; all wearing apparel, jewelry, silverware, pic- tures, b~oks, works of,art, household furniture, horses, carriages, automobiles, boats, and any and all other personal chattels,of whatsoever kind or nature, leftbydecedent, together with the fairly estimated market value thereof; all bonds and mortgages held by decedent and of all claims due and owing decedent at the time of death, and all promissory notes or other instruments in writing for the payment of money of which decedent died possessed, of whatsoever nature, with interest thereon, if any, giving the face value and estimated fair market value thereof, and if such e.stimated fair market value be less than the face value, it sets forth briefly the reasons for such depreciation as to each item; all moneys payable to the estate from life insurance polici'es carried by decedent; all annuity and endowment contracts the proceeds of which were payable upon the death of the decedent; and all the corporate stocks and dividends due thereon and unpaid as of the date of death, bonds and accrued interest thereon to the date of dece- dent's death and other investment securities owned by the decedent at the time of death, with the market value thereof at such time. ' In the case of securities of close or family corporations, the values reported are as far as possible substantiated by financial statements of the corporations, showing the assets and liabilities thereof as of the date of death. The schedule also sets forth the interest of decedent at the time of death in any co-partnership or busine~s, and in support of the value of such interest there is annexed to said schedule, financial statements showing the assets and liabilities of said co-partnership or business. A copy of the co-partnership agreement, (if oral, a statement setting forth the nature of _the agr,eement) together with a statement setting forth the character of the business, 'its location, and such other facts pertaining to the business as may be pertinent to a fair and just appraisal of the decedent's interest therein must be submitted. It should also set forth in itemized form, together with the fair market value thereof, any other property owned or beqneathed by the decedent at the time of-death. The Schedule C attached hereto and made part hereof sets forth a true answer to each inquiry contained therein and in the case of transfers ofproperty, real or personal, within two years of decedent's death, in contemplation of decedent's death, or intended to take effect in possession or enjoyment at or after death, said schedule sets forth the nature. t;tnd val1,1e of such property, to whom transferred, the relationship of the transferees to the decedent, the proportionate ~hare received'by each transferee and all other facts of a pertinent nature regarding said transfers. In the case of transfers intended to· take effect in possession or enjoyment at or after death, there is also attached to the schedule a co~y of the deed, trust agreement or other instrument creating the trust. Thero~ is also set forth in said schedule a list of all property, real and personal, with its value, which passes at decedent's death by virtue of the exercise by decedent, Ed'ther individually, or.j'ointl·y with another, or any power of appoint- ment ves-ted in decedent, either indiyidually or· jointly, by the will, deed, or other instrument of another, with a copy of the instrument creating such power attached to the schedule. That Schedule D attached hereto and made part hereof sets forth the n'ames and addresses of all persons beneficially interested in this estate at the time of decedent's death, the nature of their res- pective interests, their relationship, if any, to the decedent, together with the ages at the time of decedent's death of all minors, annuitants and beneficiaries for life under decedent's Will. If also contains a statement showing which of the beneficiaries named in the decedent's will, if any, died p~ior to decedent, the dates of their death, their issue, andthe relationship of such issue to the beneficiary. That Schedule E attached hereto and made a part hereof sets forth all property, real and per- sonal, owned by the decedent jointly with another or others, including intangible, standing in the name of the decedent and others, plus the date and place of record of instruments effecting th~ vestiture· of real estate and the date of acquisition of personalty, plus the name, address and relationship, if any, of co-owners to the decedent. That Schedule F attached hereto and made a part hereof sets forth fully and in detail all debts and deductions claimed for and on behalf of this decedent's estate, including funeral expenses paid; family exemption, where applicable; costs of administ~ation of this estate; counsel fees and fudiciary' s commissions paid or to be paid; cost expended for burial trusts, tombstones or gravemarkers, and reli- gious services, in consequence of the death of the decedent; debts and claims owing anrl u!lpaid at time of death; taxes accrued chargeable for period prior to decedent's death (except those allowed under Section 651 of the Inheritance and Estate Tax Act); together with a statement of ~ollateral pled?ed for obliga- tions if any. It is agreed that the fiduciary will present proof of said claimed obligations· upon re-' ' quest, that if the amount actually paid in settlement of any fee, commission or debt is less than the estimated amount claiming and allowed, that the same will be reported to the Register of Wills, and that the amount of tax assessed can be reassessed in accordance therewith. That the totals of the appropriate columns in Schedules "A", "B", "C", "E", and "F" as directed therein, have been carried forward and properly registered in the Summary. Subscribed and sworn to befo e me this ........ ..!. .. ?. ........... . Mellon Natinnal Bank and Trust Company (l!x}~Af!d~~t-Offi~er ........................... § .. : ..... ~~.~ .... §.~E~:~~--.. ~ ... g?.~E!.;Y." .... ~:::.~.~~~ (Street NumbeT) ....................... :W..?.:.~.P..=\:p.g:t.!?.P:L.~~-~§.Y..~Y.~P..t~ .................. . (City or· Town and State) NOTE: Before signing affidavit make sure all blank spaces in the affidavit arid schedules annexed are filled in with details or the word "None", and in case the assets include rare and unlisted securities, securities of close or family corporations or an interest in any co-partnership or business, that the data and statements requirerl under the paragraph above relating to Schedule "B" are attached. Also make certain that column #1 in the "Summary" has been properly completed as above-directed. RCC-34 (1-64) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE ,BUREAU OF COUNTY COLLECTIONS TRANSFER INHERITANCE TAX RESIDENT DECEDENT . . SCHEQULE 11A" REAL PROPERTY Real property in Pennsylvania, with statement of mortgage encumbrances upon each parcel at death of dece- dent. Where property held as joint tenant or tenancy by entireties, report on Schedule "E". Property held by the decedent as tenant in common with another or others, should be identified as to quantum of interest and the estimated value should be that of the decedent's interest only. The real property located In the Commonwealth of Pennsylvania should be (1) (2) (3) described by lot and block number, street and street number, together wl th DEPARTMENT o general description of the property, with a refert;nce to the record of the ASSESSED VALUE VALUATION conveyance by which the decedent took title; if o farm state number of a-FOR YEAR OF ESTIMATED CAUTION cres; also statement of mortgage encumbrances upon each parcel at death DECEDENT'S MARKET VALUE (Do not write of decedent. Taxes, assessments, accrued Interest or1 mortgages, etc.,are DEATH In this space) to be listed on Schedule "F" and must not be deducted from this schedule . ... None Insert this total opposite "real property", Schedule "A" in the X X X X X "As Reported" column on the last page of this return. RCG-35 COMMONWEALTH OF PENNSYLVANIA T.RANSFER INHERITANCE TAX RESIDENT DECEDENT SCHEDULE "B" PERSONAL PROPERTY INSTRUCTIONS: This Schedule must disclose all tangible and intangible personal property owned individually by the decedent, at the time of his death. Property owned by the decedent jointly with another or others must be listed under Schedule "E". Intangible personal property, titled in the name of the decedent, but payable at death to another or others, including but not limited to P.O.D. u. S. Savings Bonds and tenta- tive trust accounts, must be listed, despite the fact that they are not of the administered estate. Tangible personal property should be listed first (e.g. jewelry, wearing apparel, household goods, and furnishings, books, paintings, automobiles, boats, etc.) Intangible personal property, such as bonds, treasury certificates, cash on hand and in bank, stocks, mortgages, notes, together with accrued interest or dividends, salaries or wages, insurance pay- able to the estate or fiduciary in said capacity, partnership interests, interest in anyundistributed estate of or income from any property held in trust under the will or agreement of another, even though located outside of the State, at the time of death, should be listed in this schedule. Item ITEM UNIT ESTIMATED DEPARTMENT VALUATION No. List and describe, fully VALUE MARKEl' VALUE (Do not write in this space) Cash, Securities, Etc. per copy of Inventory attached hereto 36,913.21 Insert this total opposite "Personal Property", Schedule "B" in X X 36,913.21 the "As Reported" column on the last page of this return. AFFIDAVIT OF EXECUTOR STATE OF PENNSYLVANIA, ss.: COUNTY OF WASHINGTON Personally before me, the undersigned authority, a Notary Public in and for said County and State, appeared ARLIE W. OTT, TRUST OFFICER of MELLON NATIONAL BANK AND TRUST COMPANY, who, being duly sworn according to law, deposes and says that MELLON NATIONAL BANK AND TRUST COMPANY is the executor of the . estate of ADA M. CLARKE, A/K/ A ADA MC COY CLARKE, deceased that the following schedules constitute a complete inventory and appraisement of the real and personal estate of ADA M. CLARKE, A/K/ A ADA MCCOY CLARKE, deceased, except real estate outside the Commonwealth of Pennsylvania; that the figures opposite each item of real and personal estate in the following schedules are determined and stated by the undersigned to be the fair value of said items as of the date of the decedent1s death, based upon a just appraisement of each item made by the above named Executor. Sworn and subscribed before me this 28th day of __ ~_.~_ou_._s_1_~ _________ • 1970 Is/ Sara M. van Kirk /s/ N:Uo w. ott Notary Public Arlie W. Ott TRUST OFFICER of MELLON NATIONAL BANK AND TRUST COMPANY EXECUTOR ESTATE of ADA M. CLARKE, A/K/A ADA MC COY CLARKE, DECEASED INVENTORY AND APPRAISEMENT of the goods and chattels, rights and credits which were of ADA M. CLARKE, A/K/A ADA MCCOY CLARKE, Deceased, late of 348 East Beau Street, Washington, Washington County, Pennsylvania, taken and made in conformity with the above affidavit. PERSONAL ESTATE SCHEDULE Mellon National Bank and Trust Company Washington Office Checking Account No. 216-9070 r\alance 5/12/70 Mt·llon National Bank and Trust Company T t·ustee under Insurance Trust of William N. Clarke dated July 17, 1926 as amended October 24, 1927 for Ada M. Clarke Payment in full of net income on hand and accrued as of 5 I 12/7 0 $ 6, 895.23 1,905.42~ $20,000.00 132. Shares .., McCreight, Marriner & McCreight Trustee Account Balance 5/12/70 Washington Hospital Extended Care Facility Cash held in Decedent's account Refund of Decedent's Part B Medicare coverage $311.12 Blue Cross of Western Pennsylvania Refund of unearned premium on Blue Cross and Blue Shield Coverage under Group No. 66000-00 Agreement No. 270 BC 9892 B 1'he United States of America Treasury Bill 18.24 Dated January 15, 1970 DueJulyl6, 1970 @98. 8625 Standard Oil Company (New Jersey) Capital Stock ($7. 00) @52. 3125 Dividend of $0. 90 per share payable 6/ l 0/70 to stockholders of record 5/13/70, Ex-Dividend 5/7/70 Jewelry Total Personal Property Appraisement REAL ESTATE SCHEDULE REAL ESTATE IN PENNSYLVANIA NoiH' MEMORANDUM OF HEAL ESTATE OUTSIDE THE: COMMONWEALTH OF PENNSYLVANIA N Ollt' - 2 - $ 681.55 ~ 329.36 5.10~ 19,772.50 ~ I 6,905.25 ll8.80~lA/~~ ~ 300.00 s~ $36,913.21 -. e - INVENTORY AND APPRAISEMENT IN THE ESTATE OF ADA M. CLARKE, A/KIA ADA MCCOY CLARKE, Deceased IIIlA 1 ~ 8 1970 Filed AUG 2 8 1970 , 1970 Attorney: James C. McCreight, Esquire Address: McCreight, Marriner & McCreight Washington Trust Building Washington, Pennsylvania I COMMONWEALTH OF PENNSYLVANIA TRANSFER INHERITANCE TAX RESIDENT DECEDENT SCHEDULE "C" TR.<\NSFEJlS (1) Did decedent, within two years of death, make any transfer of any material part of his estate, without receiving a valuable and adequate consideration therefor? (Answer yes or no)~N~oL---- (2) Did decedent, within two years of death, transfer property from himself to himself and another or others (including a spouse) in joint ownership? (Answer yes or no) ~N""""'o'----- (3) If the answer to (1) or (2) above is in the affirmative state: (a) Age of decedent at time of transfer----------- (b) State of decedent's health at time of making the transfer. (Note 1), (c) Cause of decedent's death. (Note 1), (4) Did decedent, in his lifetime, make any transfer of property without receiving a valuable or adequate consideration therefor which was to take effect in possession or enjoyment at or after his death? (Answer yes or no)~N~o~------ (a) Was there any possibility that the property transferred might return to transferer or his estate or be subject to his power of disposition? (Answer yes or no) ________ _ (b) What was the transferee's age at time of decedent's death? (5) Did decedent in his lifetime make any transfer without receiving a val_u_a_b_l_e __ a-nd--adequate consideration therefor under which transferor expressly or impliedly reserves for his life or any period which does not in fact end before his death: (a) The possession or enjoyment of or the right to income from the property transferred? (Answer yes or no) No (b) The right to designate the persons who shall possess or enjoy the property transferred or income therefrom? (Answer yes or no) No (6) If the answer to (5) (b) above is in the affirmative, state whether the right was reserved in decedent alone or others ____________________ ·----------------------------------------------------~------------(7) Did decedent in his lifetime make a transfer, the consideration for which was transferee's promise to pay income to or for the benefit of care of transferor? (Answer yes or no) --~N~o'------ (8) Did decedent, at any time, transfer property, the beneficial enjoyment of which was subject to change, because of a reserved power to alter, amend, or revoke, or which could revert to decedent under terms of transfer or by operation of law? (Answer yes or no) No (9) If the answer to (8) above is in the affirmative, was the power to alter, amend, or revoke the inter- est of the beneficiary reserved in the decedent alone or the decedent and others? (Answer yes or no)------------ NOTE 1: The answers to these questions should be supported by affidavit by the attending physician as well as a copy of the death certificate. NOTE 2: If answer to any of the above questions is yes, set forth below a description of the property transferred, it's fair market value at date of death, dates of transfers and to whom transferred, with relationship of transferees to decedent, if any. Submit copy of any trust deed or instrument, if trans- fers are claimed to be non-taxable, also submit detailed statement of facts on which said claim is based, NOTE 3: List applicable property below in manner in which provided in Schedules A, B, or E. ITEM DESCRIPTION Insert this total opposite "Transfers", Schedule "C" in the "As Reported" column on the last page of this return. MARKET VALUE (Estimated) DEPT. VALUATION (Dept. Only) h RCC-37' ·(1~-'63) . COl\1'!\IONWEALTH OF PENNSYYLANIA TR'ANSFER INHERITANCE TAX RESIDENT DECEDENT BENEFICIARIES AND ADDRESSES State full names and addresses of all who ave an interest, vested, contingent or other wise, in estate) Richard Clarke ' William N. Clarke New York, New York Decedent's Residuarv Estate · grandchildren until all have which time outright distribut Evan Clarke Quincv. Ill. Maraot Clarke Quincy Ill. Cll=llltHnP E Cl R.l"kP (\Tp-rniPl") New York, New York Jean M. Clarke New York. New York Provision for contingencies. > " SCHEDULE "D" BENEFICIARIES RELATIONSHIP SURVIVED (If step-children or DATE INTEREST OF illegitimate children DECEDENT OF BENEFICIARY are involved, set STATE YES IN ESTATE forth this fact.) OR NO BIRTH Son Yes Share of tangible TIPl"!=:()TlR.l t.v Son Yes Share of tangible 12ersonalt;y s to be held in trust for l:ter attained the age of 25 vea s.at ion is to be mac e. Grandson Yes lOh/50 Granddaughter Yes 7/4/54 r.randdauahter Yes s/7 /s1 Grandson Yes 5/7/51 / ...._ Deponent further says that all the above-named beneficiaries are living at this time except below: NAME DATE OF DEATH RESIDENCE 63-70-517 Will • ~.Jminiffioation-~ No. Year ........... . P.J THE ~lATTER OF THE APPRAISEMENT OF THE ESTATE OF Ada M. Clarke . a/k/a Deceased Late of .. .. Washington ... County of . W.~shingtcm . Commonwealth of Pennsylvania REPORT AND APPRAISAL "'vd '·oo fWl .. CN!i·IS\i!t\ S lli A1 .:1 0 ~f]l :; 1.') 3 t1 oN!~·: J; ·n .J s s rn:J 9ii t ~ , r '1:t._.; l ~'""' n r L ;.JJ th.t ~ -f -1 ~ i { ! • " • . ,. • ' 1. 1 ' j ·~. ---·· ; J """'' ·' . ' (Executor-Administrator must complete "As Reported" column #1.) 0 '"1 0 en en ...., ~ 1)0 cr ~ t%j en -1)0 -(!) -G& w :0\ .;. \o }--' LV .. :f\) :I-' -G& -w ...., '"t:J ~ '"1 (!) (!) 1)0 '"1 1)0 ::S en ...... en 0 ...... ::s '"t:J (!) 1)0 '"1 '"1 ...... 0 en '0 w ?"' '"t:J (!) '"1 '"1 .g ~ ('!) '"1 ~ U') (") ?"' tr.J (") ?"' n ~ > ;: ;: ;: ........................... -G& -G& -G& w :0\ ... "-0 :I-' w .. :[\) :I-' . ~ -G& -w -G& '* -G& tr.J c:: ~ ~ > ~ o-<: > en ~-ct>,_ 'g~ '"1 -Cll c.. > "' 0 !'t_ 8"tv ..,~ 2. ::l r. c.. ;> e II ft R C C-81 (2-64) e . a COMM.ONWEAL:TH Or PENNSYLVAN1P DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS INHERITANCE TAX DIVISION NOTICE OF FILING OF APPRAISEMENT ;M,gJ,J.o:r::J. ~Iat iotJ.al Bank & Trust Company (Executor~)· In Re: Estate of Ada N. Clarke a/k/a Ada McCoy IN YOUR REPLY PLEADE REP'llR TO 38-74-3 ____ W_a_s_h_in.....;gt:::;:___o_n _______ County _ File No. _6_3_-_70-_5_17 You are hereby notified that the~o_r_~.....;·g~in __ a_l __ ~-------------- appraisement in the estate of __ ~A~d:a~M~·~C~l~a~r~k~e~---------------------- has been filed in the office of the Register of Wills qf }nJasbjngton County on October 20, 1'', .... , 19 70 • Said appraisement reflects the following valuations: Real Est ate ---'-----;:;-,-~.....-'l'I"''"'----- Personal Property ___ ~3~6~'~9~1~3~·-2~1 ___ __ Transfers _______ ~~~~~~---- Total ___________ ~.~3~6,~9~1~3~,2~1~---- As to such tax that is paid within three months from date of death, a five (5%) percent discount is allowable. As to any tax that remains unpaid after one year from date of death, interest at the rate of six (6%) percent per annum is charged. Any party in interest who is aggrieved by an appraisement may appeal therefrom as provided by law. Date ____ O_c_t_o_b_e_r_2_0~,_1_97~0--------Signed ..,..l..:-l.U~IJ/1~. d~~~-------:~,~~~ W.R.Chaney, Chief Appraiser Title DATE OF EIEATH: May 12, 1970 Note: This is not a bill. / 1 t;:/·)9 (5-68) COMMONWEALTH OF PENNSYLVANIA TRANSFER INHERITANCE TAX . - SUMMARY RESIDENT DECEDENT ~====~=============================================================== c state of f'la rke ( ast Name) Ada (First Name) M. (lni tial) DATE OF DEATH~5~-=12_:_-__!7....:....0 __ FILE NO. REPORT OF INHERITANCE TAX APPRAISER 63-70-517 I, the undersigned duly appointed Inheritance Tax Appraiser in and for the County of __ W_a_s_h_l._· n_,gt:::._o_n _______ _ Pennsylvania, do respectful!y report that I have appraised the real and personal property as reported in the foregoing return at .the values set forth opposite each item in the last column to the right in Schedules "A", "B", "C", and "E". Dated: __ 1_0-_2_0-_7.:_0 _____ _ ld f!Jllt.:t:-'I;X APP(:;~ REPORT OF THE REGISTER OF WILLS I, the undersigned duly elected Register of Wills in and for County, Pennsylvania, do respect- fully report that I have allowed deductions in the amounts claimed by deponent, except as to those items where a greater or lesser amount is set forth in the last column to the right in Schedule "F", whic ater or lesser amount represents the sum allowed as a deduction. Dated:------------- INVENTORY VALUE AS REPORTED VALUE AS APPRAISED VALUE AS REAPPRAISED Real Property (Schedule A) Personal Property (Schedule B) Transfers (Schedule C) Joint-Held Property (Schedule E) $ 36,913 2l $ $ ____________ ~---3o;'j.lj :G.L TOTAL GROSS ASSETS Less Debts and Deductions (SCHEDULE F) CLEAR VALUE OF ESTATE Valuation of life estates or 36,913 21 annuities................... $-------4--- EST ATE TAX ASSESSMENTS $ ----------'--- 36,913 21 FOR USE OF REGISTER ONLY COMPUTATION OF TAX Tax on$ 2% Tax on$ ~ $-----------4----$ ___________ -4---- Tax on $ ---------+--·-5% $-------------4---- Tax on$ 10% $ ___________ -4---- Tax on$ 15% $ _______ ~--- Exemptions * Total Estate _______ ~-- TOTAL TAX $---------L---- Less tax previously paid $======1== BALANCE $----------+--- Less 5% of tax if paid within 3 months after death $=========== Add interest at rate of 6% from ------to ----- AMOUNT OF ESTATE TAX ASSESSED $----------+-- Estate tax paid $ _____ ---.~ __ (*) As evidenced by Charitable Exemption Certificates issued by the Secretary of Revenue. BALANCE DUE $------~--- Add interest at rate of 6% from -----~lO-----$--------4-- TOTAL TAX BALANCE $ -------+-- PAID $ -----------L--- FOR USE OF REGISTER ONLY ADJUSTMENTS NOTE: Where subsequent adjustments are made to the above computation of tax by the Register of Wills, for proper reason, same should be noted below, with short explanation. Will Administration ( No. IN THE Year ........... . MATTER OF THE APPRAISEMENT OF THE ESTATE OF ·-Ada. M •... Clarke ... Deceased Late of . .. South. ::3tl:'a.l:>.:tl1E3. 'l'C>>'111:~l1i.P .. County of . . Washmgt9.11 Commonwealth of Pennsylvania REPORT AND APPRAISAL - • e -, ., ~ ) ..,: . ~ ~ ·~ .... ;.: t . ..f ~~ . ~ ·· .. e . .... . ' .. ; DATE 0 C~ ?.~.~~ .... ?..9..~ ...... ~?.?..?. ........... . DGPARTMENT OF REVENUE ntmBAU OF COUNTY COLLECTIONS EUUIDlSB~.~~ 17127 COMMONWEALTH OF PENNSYLVANIA RESIDENT INHERITANCE TAX APPRAISEMENT COUNTY ... Y.f'l..~h.~?.§.~.:?E._ ................. _ ................. . FILE NO •. 9.3.::7..9=.2}::7.. ........... -........... -............. . Whereas, ....... Ada !1.: Cl~!:.~~ ... :~/~(~ .. ~~~---~~?~~·-·· ..... ... . .. .. . .......... late of ... South .. S.t.:r.g,P..?JJt? ... ':r..C?.1t!:l?:~.h~P. ..................... . in the County of .................. J'la.s.b.ingt.9D........ .. ... ........ ... . ................... Commonwealth of Pennsylvania, havin8' died on 70 . the ........................... .twelfth ........................................ day of ........ 1.:'1~Y.. ..... .. .. . .. . ....... . . .. .... ..... 19 ........... , seized and possessed of an estate subject to Inheritance Tax under the laws of the Commonwealth of Pennsylvania; Therefore, I, ............... W.R.~.C..h8-.n.~Y. .................................................................................... , an appraiser duly appointed according to law, having been designated to make a fair and conscionable appraisement of the said estate, and to assess and fix the cash value of all annuities and life estates growing out of said estate, hereby file the following appraisement: In the event that any future interest in this estate is transferred in possession or enjoyment to collateral heirs of the decedent after tho expJmtlon of any eatate for life or for years, the Commonwealth hereby expressly reserves the right to appraise and assess transfer mherit&\nce taxes at the lawful collateral rate on any such future interest. Appralaement Unit Deacrlpllon of A11et Valuea Made for lnhtrltallee Tax PutiiOeet $ Personal Pro:gerty: See schedule "Bu attached to appraisement 36,913 21 ' TOTAL 36,913 21 --,___ .:· .. ""' •. .. ' - ~ .. I I ( Mum!Jcr and Str<>ei) UJ..~ .. A.-.(~,z~J ..... . --~--r\T"........,(P;t' Ofllee) . ....... , Penna. ' I I i ~-"--... .,. ·"t': ~· •.. " "'' ,..;· .. :t . ' "-... ~ ·:~: , .(;.li 'f ..... ...._ • '. ?! ··················Washington······ · County .• BESIDIZNT INHimiTANCB TAli APli'I1AISittmNT EstaJe of ·········· . ... A<;i.~ ... kf ...... Gl9..;r..K~ ................................. jj~~~;~"d. Late of ..... .S.outh ... Strabane ... Townshi.p .................... .. -Date of DeaJir, ......... ).-~2.-?-0 ................................................ .. Appraisemel!t Docket Vol., .......... J@ ............ -................... .. Pag1, ........ 74.~3 .......................... No. .63.':':':.7.0.':':'!.5l7. ............ .. t Fil#d in Registers Office, ...... 9.g_t!! ..... ~9. .......... .19 .... 7.0 AmounJ of tax due, $ .................................. _ ............................... -I} -i .. i DEPARTldOO OF Immrul& Received, • ExamiMd and Approved, ..................................... ~ .................. ... Wrote abo.ut Appraisement, Appeal frOHC Appraisement, Emered muJ charged, #..:-·, i I I ,. .. .., td .l [ I r - '' h ~6 ! I ' I l .) l I r • ,_ .._ l' ','! /. ~ f : ,' '( . -~ 1.' c r;.' p .'\. _/' ·...-' l . . ~· .. •.. ..... l ·~ ... .. .. ·' ~ 1 .. --• "' - ·. ., ... ' ' ? .... :._, . .... ~;,A: .>-); . . "" ~ ..1 ~ ' i -· ~ ..;.. \..-<' ., r ' ·, /i .. ·"' .. . i'/ ' . ' .. . .,.{,':,.. 1 """· .. '" ':.i.~~-1) ... .• f ~.-t""'j t··_, . ' . :~. .r' ,..~ ... . ,, ;-r-"·· .,, ..... ' :~.~~-~ : <>\'•, .. !·n:~~ .... 'J :}, . '~ ·.~ .-~ "'" . ' ., ti~'•:' .,.~~-.,, .... · :· :r.- .-~:t) .... ,f ... -·~ t.·· • .! to." •.;J '· . ~ <'.' ·~.\ ·.: .... ~ ~ !-~ '·:J , .... 4 ~;~ I • . ·t~ t .,, .. 1 I <· ~[ --~_:!-~· ' • ~~> . ~· -~7 ·*'·' ' . . ~t ,-. 10 ih. ~. "' .,.? '"t•'-·1.~.'. ., 1 ":~ .. "';. ~~. ~l:-. .. IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNA. In the matter of :bhe Audit of Account filed in the Estate of ) nato of death S"--/ t r 1 o. \ No. __ 517 of 197,0~----=-Term, 19 • A.A. Deemed ) Docket } if -7 '/~ , lD Ada M. Clarke TO THE AUDITING JUDGE: Enter my •appearance for the Commonwealth of PennsylVIania, claiming transfer inheritance tax in lihe above estate, as follows: DR. To appraised Vlalue of Estate: Realty ......... ----·-------. -------·····-----------------------------------·----------------------------$ Personalty ________________ . ____________ .. -----------------------------------------------------------···· ........ $ ---=-.3----E(;_$)-f-.LY_?._,-'--t,_.:__/ __ Additiorual Assets per Account, Subject 'to Tax _______________________________________________ ------------------------_____________ $ ______________ _ Atldrtiona•l Assets per Audit, Subject to 'I1ax ___ .. ___________ -----------------------------_______________________________________ $ ________________ _ GROSS VALUE--------------------------------------------------------------------------------------·--------·$____ ------------- CR. Debts and Expenses per Account; see Note Add~tional Debts and Expenses per Audit ) ) $ ______ _ $ ______ _ $ ______ _ $ ______ _ $ $ $ __ _ TOTAL DEDUCTIONS, $ __ _ NOTE: The following credits claimed in the Account are held not deductible as against the tax: CALCULATION Gco" Val"' _ _ 3' 11 j' "-" ~----- TAX PAID ON ACCOUNT gs -~----1(/$ /C(Z,)',~ ]) ? ?'' etl- --;;~, 'V $ _______ _ $ Less Deductions _________________ __ ' Jl..( ?c £ _ Clear Value___________________ __ J 0 j_,-?'r-~"'\-v-""~'4'""--+. --,----- 1 _ _2_Q /' s \,-' ' ) $ l~_q_V ~: ~--------~-- at~-_ 15% }-- $ ___ :1_ ' Total Tax -------·----------· -----------------------------------------------------------------------------------$_CfY_JJ_ v Less amount previously paid ---------------------------------------------------------------___ $ __ J_)' l}w() r_~_r;tf)_ Balance·---------------------------------------·----------------------------------------------------------------------------$_pf~-V Interest __ yrs. __ mos. __ days @ __ % _____________ $ TOTAL TAX AND INTEREST DUE __________ .. -------------------------------------------$ --~-0 ' r-t 7/ - ~· - No. ___ , Term, 19 __ , A.A. ESTATE OF Deceased PRAECIPE FOR APPEARANCE FOR COMMONWEALTH OF PENNSYLVANIA J _, ~5 OF WASillNGTON COUNTY 63-70-517 e" .... STATEMENT OF DEBTS AND DEDUCTIONS ~ONS ALLOWED IN / THE suM OF . . . . . . . . . . . . $ .. ~Z#-t\ 9. ~ ...... ~l-~t.t/7/ ,.. Form RC C·lO ·'"--OFFICE OF THE J,.· REGISTER OF WILLS AND AGENT OF THE COMMONWEALTH a ESTATE OF ____ ;:..._....::.....~.~:....:;....;..=..::.:..=. ____ LATE OF __ ..:..W:....:a=s:.::h:::in~g..::t.:::O=.:n:...~a__:P...:e:::.:n~n::.:::S..J.Y..:!:l~v~a:.!:;n!::!i~a:...._ ___ _ DATE OF FILING APPRAISEMENT Oct. 20 I 1970 OATS OF DEATH --.:M=a:..<Vt...-:1:...:2::-,z........:l::...9t...7,;....:::.0 _______ _ DATE NO. OF NAME OF PAYEE REMARKS AMOUNT VOUCH"It .L'i' II u May 26 Washington County Reports: Lel al advertising 14 00 26 Observer-Reporter: Legal adve tising 14 00 28 Joseph P. Ames: Appraisal ser trices 5 00 Re~ister of Wills, Washington C punty, Pa.: Court costs as Au2:. 25 fol ows: ~7~~r18 ~r~~~ ~f letters and 1hn nventory lt)hort Certificate $2 ~:88 30 50 1'1 [! Jan. 11 McCreight, Marriner and McCr~ ight: 12/29/70 -payment on account ~ suu.uu 1/11171 Balance of attorneys 1 fee 1.366.70 1.866 70 Mellon National Bank and Trust f...-Ompany: Compensation 11 ~=u:: F.vPr11tn,.. l R4~ nn 19 0 Mav 26 AdaM. Slater: Nursing service through 5111170 120 00 26 Jeannette S. Lackman: Nursing service 5 I 1 o I 7 o and 5 I 11 I 7 o 60 00 26 Piatt Funeral Home: Funeral e~ loenses 1. 541 70 June 23 Dorothy B. Morrison: Nursing ervices 5 I 7 I 7 o to 5 I 12 I 7 o 215 00 9 Bell Telephone Company of Pa.: Final statement 9 02 Nelson Memorial Studio, Inc: c st of monument per contract to be paid at completion 950 00 • ~~ ¥ <.:'-/ 1~/llih~ d-' ~ Or--"-(...; v ~z,., ./' r (/ r-y --. ...._ 1(6:,£17:0 I 9t COMMONWEALTH OF PENNSYLVANIA "-.. _../ W h . t {:o· COUNTY OF as lng on . 1 Arlie W. Ott, Trust Officer, ellon National Bank and Trust Company ' HEREBY CERTIFY, THAT. TO THE BEST OF MY KNOWLI!:DGE AND BELIEF, THE FOREGOING IS A JUST AND TRUE SfATEMENT OF DEBTS, FUNERAL EXPENSES AND EXPENSES OF ADMINISTRATioN suBMITTED To THE EST ... TE oF Ada M. Cla_rke a;:E~e o. As DEDucTIONs f"OR INHERITANCE T·AX I"URPOSES. ~ • I . ..-, -rt z (L. !li.) SWORN A D &US'i!t;RIB!iti BEFORE ME THIS eL z-' ~ DAY OP' -__ ..s;;..,~*~~~~::.._....,.,:::;~......-Trust 0££1cer 111 71 --, ... \ \ ·.l.. '' ';( \ J \.,' ~ (. : ' l . ' \: iJ 'J .'. \ < ' .. ' ,, \. l \ -· I ,. ~. .l_ ... • ' • ... ; _; -e \ ·.) ....... .i. l_ .J... ,\ i ... .!. -. 4 j-•..-:..- .... ·~ I ·il.. ·~ '-- J·_ ~- ' -....... ..I. ........ :.. --· I J \ l ·'· --.c.;.. '71_ t'-·' \.-.... _. '- ......., .L .,.0') ,_,..;.; \ : -:'>' ',;' '' [ ,· ", f-. \'. ' ---') ? }--.. :.:· '/ '') :' --------------.------------- Form RC C·lO 63 .. 70-517 -STATEMENT OF DE·BTS AND DEDUCTIONS DEDUCTIONS ALLOWED IN . . I OFFICE OF THE ... THE SUM OF ............ $ .. ~'.Z~t~r~ ;. REGISTER OF WILLS --~--~<Y. ~ . .!./ __ _ OF WASHINGTON COUNTY AND AGENT OF THE COMMONWiALTH a ESTATE OF _____ .;;__..-,. ______ LATE OF __ W_a_s_h_in...;;g!iii!.t.:...O...;;n~. t:__p.:...e:.:nn,==S_.yt..::l;;._:V_;;a:.;:;n=i.::;;<l. ___ _ Oct. 20, 1. 97 .. 0 May 12., 1970 DATE OF F.ILING APJ:'RAI$EMENT -----'-' ---'--"----DATS: OF DEATH __ ,,_._....::...__...;:...;.•-------- DATE ........... "'7 \II May 2.6 26 28 Aug. 25 -~ 47 4 Jan. 11 ll 19 0 May 26 NO. OF VOUCH~Jt NAMi OF PAYEE REMARKS Washington Cou:q.ty ~epqrts! Le~ al adye:rtisin.g Observer~Reporter: Legal adve ~tising Joseph P ~ Ames: Apptaisa~ serftices McCteight, Martine!i." and McC~• ight: 1&./ &."'I IU ~a.ymen10 un a.c 1/11/71 .Balance of attorneys' fee M~~uon Nattona.t. .t5ank and 'J:rust ... ompany: as Executor · A.da M. Slater: Nursing seJ>"vice through 5/ll/70 ;p ::>uu.uu 1,366.70 26: Jeannette s. Lackman: Nurs~ng service 5/10/70 and 5/11/70 26 Piatt Funeral Home: Funeral elllpeQSes June 23 Dotothy B. Morrison: NursiQg ervices 5/7/70 to 5/12/70 9 . Bell Telephone Company of ~a. ~ Final statement Nelson Memorial Studio,. lne: · C )St of monu;nent per contract to be paid at completion r \ (/ 1 . AMOUNT 14 00 14 00 5 00 30 50 1,866 70 1 .. 845 00 120 00 60 00 1,541 70 215 00 9 02 950 00 ------r----r----~----------------------------~--------~-------------------r-------r-·-- $v,6o 9~ COMMONWEALTH OF PENNSYLVANIA b \_ _/ Washington · sa: _ -cour:g;1r: W. C>tt, 'trust Ofhcer,. eUon Nad.onal Bank and T:rust Company I, . . . HEREBY CERTIFY, THAT. TO THE BEGT OF ~y kNOWLEDGE AND BELIEF, THE FOREGOING IS A JU~c1aDIVfUEc\aTk~NT OF DEBTS, FUNERAL EXPENSES AND EXPENSJ!:l!l 01" ADMINISTRATION SUBMITTED TO THE EST ... TE OF ·· • J' Da-zC&A ED, AS DEDUCTIONS FOR INHERITA~C'E TAX F':..•RPO&ES. ~ • I A/ .. . , ~ -ft!f!:l_ (L.6.) swc"N .2JD sul!.scRia~=> BEFORE ME THis _ _;; 1/ZL DAY 01" Trust Officer GZ1£zz:~ j2~ - 11~ ~~~~ -~ /2 ~ ~ ;:;~r~:._ 7~,/df?-' .. ,, :7= '. £ ;;:, ---.: f11 ::0 (/} ... ~ c--.--"";-'; •-'--\.n r'>'"j (/} 12:: ._, (,; c::::;, rn rr '"'' ·-' -,.., 0 ··-·~ ..::_. . -:, •· -·-~-·) v ... '"'~,·"" .J • ::.c .o ...;:;: ~ . z 1"\,J r-~,. (/} 0 t..v c::n ,_,;_ .. -~-.. ·-j IN THE ORPHANS' COURTOF WASHINGTON COUNTY, PENNA. In the matter of :the Audit of Account filed in the Estate of Ada M. Clarke a/k/a ) Date of death 5-12-70 . No,_QJ-70-517 , ______ Term, 19 __ • A.A. Ada McCoy Clarke Deceased ) Docket__JB-71!-3 TO THE AUDITING JUDGE: Enter my -appearance for the Commonwealth of Pennsy!VIania, claiming transfer inheritance tax in the above estate, as follows: DR: To appraised V~alue of Estate: Realty ......... -:--~----.. -------···-············---·-·······---·----·····-··················· $ __________ . Personalty __________ . _______ .. -··············-----------·-···········-·····-·····--·········· $ _3 6 1 913 • 21 Additioll'al Assets per Account, Subject to Tax _________________________________ --···················· .................. :$. ___________ _ Additiona•l Assets per Audit, Subject to '1.1ax __ .. -.···-. ----------·-····---------·--·············· ...................... $ GROSS VALUE·--------------------···:····---·-------·---------···---------------------·-··--·$ .36 , 91~ 21 CR. . Debts and Expenses per Account; see Note Audit· costs Claims allowed at audit ) Hospital & filing account \ I XMI!fiN~.XIM~seSC~ ) Additional Adm. expenses . $ Sl.OQ__ $ 3, 946.01 $ 32.00 $ 809o ,50 $ -4,lt3£i ... ._LJ5l..____ $_~670.92 $ -~-4 ,Jblt0.1 _________________ . __ $_=------~· --- TOTAL DEDUCTIONS, $ _lJ__,__50~lJj _____ .. __ _ NOTE:· The following credits Claimed in the Account are . held not deductible •as against the tax: CALCULATION . Gross V:alue .................................. ~ _lQ,_9..lk~], _______ · ---·-- ,. , Tax- able at 15% Less Deductions·······-----·· -~1, _?09 • ~-3 Clear V aJue ................. m-. __ g5_,_J±O 3 • 7 8 ?-,._-·------· ·'--·---------$ ________ · ----·- TAX PAID ON ACCOUNT 8/5/70 $ 1, soo .1}_Q __ _ Total Tax·-······----------··----·-----------········-:. ·-·-····1-,-.524-.2-J ... $ __ 1 ,52.1J..2J ______ · , __ _ Less amount previously paid·········-·----·--····-·--·-············-------·····-·· ... $ _1.,50...Q_._Q_Q. ____ _ $ __ _ l~1t:ce rrom:····a712/7i ___ f_o ___ 8/i277s··--·---·······--·--·-·:·· $-----?...Y-~-~1-------- $ --------Interest__lL_ yrs. __ mos. __ days (iil __ 6_% ............... $ ___ 5_. 82 ___ , ___ _ $ __ ---' ( .24) tt.f~ . 0' . . . "";;7 -~<t-d/? jJ&i-,4:"-<:_. ....... "" . ESTATE OF Ada M. Clarke a/k/a Ada McCoy Clarke, Deceased ADJUSTMENTS-FJTJ~~ NO. -~6.:.;:_3-_7_0_-.:._.51_7_. ____ _ DEBTS & DEDUCTIONS FOHM -AMOUNT CLAIMED LESS ITEMS DISALLOWED: BALANCE ADDITIONAL DEDUCTIONS -ACCOUNT & AUDIT Audit Costs & Advertising Claims allowed at Audit Hospital & Filing Account '< Additional Admin is tra tion Expenses TOTAL ALLOWABLE DEDUCTIONS Date Approved •.-.::, . $ $ $ $ $ $ $ $ $ '$ $ $ $· 1'7"'')":'' .... ~-"!~~~:':'<~r~·~ ... ·-:. :··"~, '7~ ~ . -.... ........, ... ;-.... ~· ,. I • ~ :' • _iJ. , ' ,: i • ~ i p •' ,. ~:.; _:" '· . . . . ' . ., • • 4 $6,670.92 $ $~Q10,92 51.00 3.946.01 32.00 809.50 $~838.51 $11,509.43 !"';":-""·"'!'"'~-:"'-·T-""''.,....,._,_~·-,-·•••w ~ . . ·, : ~··. ~-----,)i' ll RCC· 4 ( 6 · 7 .C) COMMONWEALTH OF PENNSYLVANIA #'\. ~--'._:r~i~ I It ncDADTUCII.IT nc DC\ICII.IIIC -~ ~ ~~ (RECEIVED THIR'lY end OS o~-.. ----------·--.. ~---------------.-----....... _ .. __________ ~ollars i ~. From: ~fELtON BANK N.Af' -nxcn~ Address 40 SOUTH UAIN STREE'l' WASHINGTON, PI!m~SYLVANIA 15301 File No. 63•70.517 Date of Death S-12-'70 Date of Payment Auauot 14p 1975 Name of Decedent ADA 1-1. CLARtt! County tfASHili'Gi'ON Remarks: "f;f MJR/ ..dt-f.. '\ /~ lJ 00 ~ [p ~ ~ @ill lJ ~. . . S E A?~ .· \ ... I representing Pennsylvania Inheritance or Estate Tax due from the following estate: 2% Tax on $ $ IU 6% Tax on PJ'" $ ''-'",. 25.403!178 $ lt524.23 IHI 15% Tax on $ $ D! %Tax on $ $ irll Estate Tax, Act of May 7, 1927 $ ______________ __ TOTAL TAX CREDIT $ lo524.23 lUI Less five percentum of tax if Prov. Pd. laSOO. 00 paid within three months after Balance 24,23 date' of death $ Plus interest at the rate of ___§_% fr.om 8-12-71 to • Date $ 5.821 $ 3o.os . 1 TOTAL AMOUNT PAID NOTE: This Triplicate Receipt to be retained for au<S&~~J :~11 ,·~ • ·~. Ret~;ved {by ~~~:V' "' · ' · ~ ~ • · ·• ~, 11:11 NOTE: In accepting the transfer inheritance tax on future estates, prior t9· the death of the ~llfe" _.. 'Y'-• "'" lt'f · I{ :s\:·-~-· ''r-; U tenant or tenant for years, as evidenced by this receipt, it is ·und\'f~tB<fd_that the Commonwealth sh~ll not be precluded or prevented from hereafter assessing additional inheritance tax at the death of tlie. • ., !'· , '· · H 1 , -• 1 (;.,f, '( "'~~ lUI life tenant or tenant for years whenever it appears that such additional tax may be legally due and-... ·-:.~· t: · ,;(;;;q "'""' ........ ~ .. • · J • ;;t collectible for any reason whatsoever. "'~'1 y. ,, . ---...,. ... =m ----c=a..-e=_,..e:,.·~-~·-,c::,. ..::::5._-'"""'"'""r ~------------..;