HomeMy WebLinkAboutOC1970-1194 - ESTATE OF LOCKHART"..
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF
CLARA B.K.LOCKHART
)
)
)NO.
)
)
PETITION FOR PRIVATE SALE
TO THE HONORABLE P.V.MARINO,President Judge of the Orphans'
Court Division:
The petition of the Mellon National Bank and Trust
Company,Successor Trustee under the Last Will and Testament of
Clara B.K.Lockhart,respectfully represents:
1.That the Mellon National Bank and Trust Company
is Successor Trustee under the Last Will and Testament of Clara
B.K.Lockhart,of record in the Register of Wills Office in and
for Washington County,Pennsylvania,in Will Book 48,page 108
(a copy of which is hereto attached).
2.By virtue of authority of your Honorable Court
dated December 19,1951,filed at No.44 of 1952,O.C.,your
petitioner was authorized to purchase a tract of land situate in
North Strabane Township,Washington County,Pennsylvania,for and
on behalf of the American Humane Association to be held and operat
ed by it in accoraance with the terms of said will.
3.That at No.82 of 1953,O.C.,your Honorable Court,
on February 25,1953,directed your petitioner to pay to the
American Humane Association an additional $5,000.00 for convert~
ing the hereinafter described tract of land for more suitable
'\
uses under the terms of sale.
4.That the tract of land referred to in this petition
is situate in North Strabane Township,Washington County,Penn-
sylvania,and is bounded and described as follows:
BEGINNING at an iron pipe at the northeast corner
of said tract of land which is a corner common
to land of L.Evans Parcell;thence by land of
said L.Evans Parcell,South 0°24'West 287.48
feet to an iron pin;thence by land of Robert
G.Milhoan,South 0°25'East 265.2 feet to a
stake in the center of said State Highway Route
No.31;thence by the center of said road,South
77°l7'West 318.61 feet to a stake in the center
of said road;thence by land of Robert G.Milhoan,
North 9°47'West 628.36 feet to a stake;thence
by land of L.Evans Parcell,North 89°30'East
417.62 feet to an iron pin,the place of begin-
ning;subject to certain exceptions as set forth
in said deed,which appears of record in the
Recorder's Office of Washington County,Pennsyl-
vania,in ,Deed Book 816,page 114.
5.Said property is leased now ~y the American Humane,.~-...~.
Association to the Wa,spington·County Humane,Soqiety,a corpo-
ration organized and existing under the laws of the Commonwealth
of Pennsylvania,which lessee is desirous of purchasing said
.,
property for Sixteen Thousand Three"Hundred Fifty and 00/100
..($16,350.00)Dollars,·to be subj,ect ~o ,your Honorable Court's
approval.The American Humane Association has agreed and there
is hereto attached,marked Exhibit "A",and made a part hereof,
a copy of the resolution authorizing said sale,subject to the
approval of your Honorable Court as aforesaid.
6.Your Honorable Court's attention is respectfully
called to Paragraph 8 of said will to the effect that if the
American Humane Association shall cease to exist,or for any
reason the Trustee is authorized to pay the incOme to some
similar organization to the end that the matters set forth in
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;
said will shall be carried out.
The Washington County Humane Society is actively conduct
ing an animal shelter at said location and is competent,anxious
and willing to comply with all the terms of said will,particular
ly Paragraphs 7 and 10 thereof.
7.That the deed to the American Humane Association,
inter alia,stated that if for any reason the Association should
cease to exist or be inactive in this district,that the said
real estate would revert back to your petitioner as Trustee under
said will.To prevent this occurrence and to provide for the
continuation of the valuable service of an animal shelter'to
this district,your petitioner files this petition requesting
your Honorable Court's approval of said transaction,in con-
sideration of said deed omitting the reverter clause in favor
of said Trustee in the event of cessation of operations.
8.Private sale of the land is in the best interests
of the trust estate and to the interest and advantage of all
interestedfuerein,for the reasons set forth in the preceding
paragraph and in said will,but without prejudice to any trust,
charity or purpose £6r which the land is held and without the
violation of any law which may confer an immunity or exemption
from sale or alienation.
9.The Washington County Human~Society joins in this
petition,agreeing to purchase said property for the ,sum of.',.
Sixteen"Thousand Three 'Hundred Fi'fty and '00/100 ($16,350.00)
Dollars.
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10.Your petitioner requests your Honorable Court,
pursuant to Paragraph 1 of the Revised Price Act of June 7,1917,
P.L.388,as amended by the Act of May 12,1939,P.L.126,
Paragraph 1,20 P.S.Par.1601,to grant ;.i.:authority to sell
the herein described property at private sale for the said amount
in cash.
MELLON NATIONAL BANK "AND TRUST
COMPANY,Successor Trustee under
the Last Will and Testament of
CLARA B.K.'LOCKHART,
By "cM~'a!tJ/=rtuUl-~
COMMONWEALTH OF PENNSYLVANIA )
),SS:
COUNTY OF WASHINGTON·)
Before me,the undersigned authority,personally appeared
t'~11 tfltZ-,who,being duly sworn according to
law,deposes and says that he i~~~of Mellon
National Bank and Trust Company,Successor Trustee under the
Last Will and Testament of Clara B.K.Lockhart,deceased,that
he has authority to make this affidavit,and that the facts set
forth in the foregoing Petition are correct and true to the
best of his knowledge,information and belief.
SWORN to and subscribed
•i
LAST WILL AND TESTAMENT
I,CLAlRA B.K.LOCKHART,of the City of'Washington,Washington
County,Pennsylvania,do make,publish and declar~this as and for,
my Last Will and Testament,revoking all former Wills and Testamentary
papers by me heretofore made.
1.I direct my Executor herein«fter named to pay all my just
debts and funeral expenses as soon after my decease as conveniently
may be done.
2 ~I give,devise arid bequeath to my Trustee hereinafter named,
in trust,.'all the shares of stock :tri various corporations which~be'"
longed to George E.Lockhart,my husband,in his lifetime,shown by
Inventory f+led in his estate,which I may have in my possession at the
time of qlydeathJ the net income'from'which is to be paid by the ~aid
Trustee to'the'children of his bnoth.er~'William Lockhart,r6sidfng"'at
Houston,Pennsylvania,share and share alike,who are living at the
time of my death,said income to be paid to said nieces and nephews
during their ,lives.'.
(a)I direct that upon the death of anyone of said nieces or
nephews the remaining or surviving nieces and nephews are to share
and share alike in said income so that if there by but one left then
that one to receive during his or her lifetime all of the net income
from said shares of stock.
(b)I direct and empower said Trustee to handle and control
said certificates or shares of stock in the various companies the
same as I could do if I myself were living,with full authority to
sell,exchange or do whatever in said Trustees'judgment may be the
most advantageous in the handling of said estate,and at the death of
the last niece or nephew the said estate shall fall in the residue
of my estate,and shall be disposed of as I have herein prOVided for
said residue.
3.I give,devise and bequeath all the furniture,rugs,
carpets and household equipment just as the same may be found in the
house located at No.140 South College Street,Washington,Pennsylva-
nia,to Mrs.Lee Knode,to be hers absolutely,with the exception of
a port:i:1ai t of the mother of George Lockhart who was my hUB,band,and
a desk which belonged to his Grandfather,these two art icles I giva
and bequeath to William Lockhart,McDonald,Pennsylvania.Also except-
ing furniture in back second floor bedroom which I have previously given
to Bert Jones.
4.I give,devise and bequeath unto my Trustee hereinafter
named,in trust however,all of the rest,residue and remainder of my
estate,real,personal and mixed,of whatsoever kind and wheresoever
found,to convert the same,with the exception hereinafter noted,into ~
cash,and to invest and reinvest same in such interest bearing securities
or real estate as they may deem advisable,and to payout and dispose
of the\'inoome;therefrom as hereinafter directed,and for the purpose
of converting my estate into cash,I hereby authorize and empower my
said Trustee to sell at either public or private sale,at such time or
times,or for such price or prices,and upon such terms and conditions
as it may deem best,any and all of my real ~state,except hereinafter
mentioned,that I may own at the time of my decease,and to convey the
same to the purchaser or purchasers thereof as fully as I might do if
living.It is expressly understood that nothing in this Will is to
direct my Trustee to sell any of my property until it seems most ad-
visable to do so.In fact,it is my will and desire that this matter
be left entirely to the discretion of my said Trustee,and I further
expressly give authority to my said Trustee to retain any of my real
estate that they may desire to form a part of the corpus of my estate,
and shall have the right to lease the same for oil or gas and;~to lease
the coal on royalty basis,and if this be done,my Trustee shall be the
sole jUdge as to what shall be considered the corpus of the estate,and
.'
what shall be considered income.
5.My Trustee is authorized to make agreements for,execute '3.-',1enddelivergoodandsufficient deeds for all the coal together with
mining rights,under my farm situate in Buffalo Township,Washington
County,Pennsylvania,containing 155 acres,more or less,known as
"Dixie Farm";and also my farm situate in East Finley Township,Wash-
ington County,Pennsylvania,containing 100 acres,more or less,known
a8 "Sweet Briar Farmn ;mining rights and waiving of surface damages to
be within the discretion of my Trustee;also to dispose by lease or
otherwise of the oil and gas underlying said two farms in any manner
which seems proper to my said Trustee,but otherwise the surface to
said two farms shall be handled as hereinafter provided.
6.The gray team of horses,now owned by the Washington Ice
Company,was purchased from me with the understanding that at the time
their usefulness should cease to said Company,that the same could be
repurchased by me.My Trustee is hereby authorized and directed to re-
purchase said team under the conditions and stipulations of the sale of
same,and to place ~nd take care of said team on "Dixie Farm"without
work.The follOWing horses now owned by me are also to be kept on
"Dixie Farm't without further work;Teams known as Neilie and Fannie;
Dobbins and Dixie.'.
7.It being my will-and desire that the income from my estate
shall be used for the furtherance and benefit of the humane treatment
of animals and to that end I direct
(a)That my Trustee shall turn over each six months,after
payment of the taxes,insurance and necessary administration expenses,
to Tpe American Humane Association,with headquarters at Albany,New
Your,the net income from my estate.It is my desire that The American
Humane Association utilize "Dixie Farm"as a shelter and rest farm and
to employ such help and to purchase such equipment as is necessary to
carry out this plan.I also desire the American Humane Association to
devote such portion of my income to the employment of not less than
one humane officer or officers as it may deem necessary to enforce the
lsws for the prevention of cruelty to animals in Washington County.
Said work to include the home animals such as dogs,cats,etc.,and
farm animals,such as horses,cows,sheep,mules,etc.,and where the
same are improperly kept and where it is not practical to keep the same
on ttDixie Farmttthat the same shall be humanely killed and sanitarily
disposed of.The balance of the income from my estate shall be utilized
by the American Humane Association for the furtherance of its work for
animal protection,and as far as practicable to apply a great portion of
said balance in the furtherance of humane education by reaching children
directly and impressing the importance of such ma~ters.It is my desire
that my estate be administered in the manner heretofore indicated for the
purpose of an example of kindness and consideration of the rights of
ethers.
(b)That my Trustee hereinafter named lease the surface of my
farm or any part thereof in Buffalo Township,containing 155 acres,more
or less,and known as ttDixie Farm"to "The American Humane Associat ion",,)"r_
of Alban¥,New York,for a trial period of ten years at an annual rental
of One ($1.00)per year,to be conducted during that period by the said
Association as a shelter and rest farm for large and small animals,and
said lease to be extended from time to time to said Association as long
as the farm or any part thereof is used for this purpose as hereinafter
set forth.Said Association shall have full control of the operation and
use of the surface with the permission to alter,add to or tear down the
buildings upon the place in order to properly develop the farm or any
part thereof as a shelter and rest farm for small and large animals,and
should any profit accrue from the operation of said'farm it shall be
regard~d as a part of the income of my estate.
(c)At the end of the said -ten years trial per-iod to be com-
puted from the time of my death,it is my.will that all facts con-
cerning the operation of the said "Dixie Farmtt as a shelter or rest farm
shall be submitted to the Judge of the Orphans Court of Washington
County,Pennsylvania,to the end that he may decide as to whether it
is practical to continue the operations of the surface of said "Dixie
Farm"as a shelter and rest farm for domestic animals or whether the
same should be abandoned for that purpose.If,in his opinion,the
ten year trial period has not been sufficient,I hereby authorize him
to extend the same for an additional trial period of five years,
and so on,and at the end of any period the matter may again be sub-
mitted to the JUdge of the Orphans Court.Should the said Judge approve
the plan,aft~r hearing the facts,it is my desire that on petition
of my Trustees or the Association,the matter may be again submitted to
him at the end of any five year period.The JUdge of the Orphans Court
at the end of any of th~periods herein indicated,after hearing the
testimony,shall be the sole judge and his decislon shall be final as
to whether or not the use of the "Dixie Farm"or any part thereof
shall be continued as a rest and shelter farm for domestie\animals,
and should he decide,J,that the same was impractical and should be
abandoned for this purpose,it is then my will and I hereby direct my
Trustee to retain as a part of the corpus of my estate the surface of
said "Dixie Farm"and handle the surface of said farm in any manner
which in its discretion will seem advisable,and any income derived
thereof shall be considered income of my estate.
8.If the organization known 8S the American Humane Associa-
tion heretofore referred to shall cease,to exist for any reason,I
hereby direct my Trustee to turn over the income of my estate to some
other similar organization to the ~nd that ~he matters set forth in this
my Will,will be carried out.
9.I direct my,Trustee,herein~ft,er named,to grant the right
and privilege to Bert Jones,if he be liVing and in my employ at the
time of my death,of the use of "Sweet Briar"farm of 110 acres in
East'Finley Township,for and during his lifetime,and do hereby direct
that he shall have the free use of the same so long as he elects to liv~
thereon and make it is home;and I further direct my Trustee to see
that he has fifty (50)sheep thereon,,furnished by my Estate,and that
the taxes upon said farm be paid out of my Estate,in addition thereto
that the said Bert ~ones be paid One Hundred ($100.00)Dollars per month
while he lives,and at his death said farm to be held and managed in order
that an income may be derived therefrom so that the use of it may follow
the purposes of the Trust as I have directed.The said uses,or leasing
or management of the same to be within the discretion of the Trustees in
following out the purposes of said trusta
10.I desire my Trustee herein named,to interest Veterinary
Surgeons of Washington County in the work being carried on and to
offer inducements so that they or any of them may become interested
in the treatment of all animals cared for by the Trust herein created,
lending whatever held to said Veterinary Surgeons,or anyone of them,
who wil~co-operate in the furtherance of the purpose of this Trust,and
if,it:be the judgment of my said Trustee,it being known that it is my
desire that such.be done so far as ~t is possible,there shall be also
established out of my estate in connection with the operations of my
said "Dixie Farmn ,equipment for the treatment and transportation of
animals in and about Washington County so far as this may be con-
sistently done within the general purpose of the trust.herein created.
11.I hereby direct and authorize my Trustee hereinafter ~p
pointed to preserve and keep my house and lot,and pay all taxes,in,,",
surance and repairs thereon,located at 140 South College street for the
use of Mrs.Lee Knode during her life time.It being my will and my
desire that said property shall be excepted out of my other property
as I have hereinbefore devised to my Trustee in trust so that said
property shall be excepted from it until the death of Mrs.Lee Knode,
but directing that upon her death it shall then fall into the rest and
",
residue of my estate and eome ~nto the trust herein created.It being
intended that she shall have the full and complete use of the said
house and premises located at 140 South College Street,Washington,
Pennsylvania,for and,during her life time,subject to the right of
Bert Jones,if he be in my employ at the time of my death,to have the
use of his bedroom on the second floor in said house so long as he I::
desires.
I nominate,constitute and appoint the Citizens National Bank
of Washington,Pennsylvania,to be the Executor of this my Last Will
and Testament,and the Trustee hereunder,and Igiv6 to it as Executor
in the settlement of my estate,and as Trustee after it shall have
settled my estate these additional powers,all or any of which it may
exercise at ~ts own judgment and discretion:
1.To take over and to retain unconverted so long as it sees
fit,all of the real and personal property of Which I may die seized,
-it not being my desire that investments shall be changed unless my
Executor and Trustee shall deem it advantageous so to do.
2.Generally to Make investments and re-investments,and to
'alter,vary and change investments and re-investments,without being
confined to such securities as are authorized by the Laws of Penn-
sylvania as proper investments to be made by Trustees.
3.To make leases of ~ny realty belonging to my estate for
such terms,and upon such condttions and for such rentals as it may
deem proper.
4.It is my will and intention that my said Executor and Trustee
shall in so far as possible be possessed of full power to ac·t in and
about the management of my estate,consulting with Marriner,Wiley &
Wiley,as oounsel for said estate,exactly as I might or could do if
living,taking into consideration at all times my intention of carry-
ing out the work which is hereinbefore mentioned for my estate.
IN WITNESS WHEREOF,I,CLARA B.K.LOCKHART,to this my last
Will and Testament set my hand and seal this 21st day of Jany,1929.
Clara B K Lockhart (SEAL)
Signed,sealed,published an,d declared by CLARA B.K.
LOCKHART,Testatrix,as and for her L8gt Will and Testament,before us,
who at her request and in her presence and in the presence of each
other have hereunto subscribed our names as witnesses.
Mary G.Direhorst
John F.Wiley
''''-h _'~
..'.,,v
CERTIFICATE OF RESOLUTION
I,the undersigned,RUTHERFORD T.PHILLIPS,
do hereby certify as follows:
1.That I am the duly qualified and acting
Secretary of The American Humane Association,a corporation
organized and existing under the laws of the District of
Columbia.
2.That at a regular meeting of the Board of
Directors of the said corporation,duly called and held
in Englewood,Arapahoe County,Colorado,on June 18,1970,
the following Resolution was duly adopted by said Board,
and now is in full force and effect,to-wit:
RESOLUTION
WHEREAS,The American Humane Association
by deed dated December 19,1951 acquired title to
the following described property situate in North
Strabane Township,Washington County,Pennsylvania,
bounded and described as follows:
BEGINNING at an iron pipe at the northeast corner
of the tract of land herein conveyed,which iron
pipe is at a corner ,common to land of L.Evans Parcell
and the tract herein conveyed;thence by land of
L.Evans Parcell,South 00 degrees 24 minutes West
·".
287.48 feet to an iron pipe;thence by land of
Robert G.Milhoan,South 00 degrees 25 minutes
East 265.2 feet to a stake in the center of State
Highway Route No.31;thence by the center of said
road,South 77 degrees 17 minutes West 318.61 feet to
a stake in the center of said road;thence by land of
Robert G.Milhoan,North 9 degrees 47 minutes West
628.36 feet to a stake;thence by land of L.Evans
Parcell,North 89 degrees 30 minutes East 417.62 feet to
an iron pipe,the place of BEGINNING,
subject to the exceptions set forth in said deed,which
deed was duly recorded in the Recorder's office in the
County of Washington,State of Pennsylvania in Volume
816 at Page 114;
and
WHEREAS,the said American Humane Association has
since said date held the title to the said real estate
restricted to the uses and purposes as set forth in
Paragraph 7(a)of the Will of Clara B.K.Lockhart
dated January 21,1929,probated on November 4,1931,
and appearing in the office of the Register of Wills
in the said County of Washington,State of Pennsylvania
in Will Book 48 at Page 108 in accordance with an
Order theretofore entered in the Orphan's Court of
Washington County,Pennsylvania,in the Matter of .
the Estate of Clara B.K.Lockhart,Deceased;and
WHEREAS,said property has been leased by the
American Humane Association to the Washington
County Humane Society,a corporation organized
and existing under the laws of the Commonwealth
of Pennsylvania;and
WHEREAS,Mellon National Bank and Trust Company,
as the duly qualified and acting successor trustee
under the Last Will and Testament of Clara B.K.
Lockhart,deceased,now has approved a sale of the
2.
..,~'.:."
said property by The American Humane Association
to the Washington County Humane Society at and
for a total sales price of $16,350.00
and has agreed to petition the said Orphan's Court
of Washington County,Pennsylvania,for an Order
approving said sale and authorizing the conveyance
of the said property by The American Humane
Association to the Washington County Humane Society
pursuant to such sale;and
WHEREAS,the Board of Directors of The American
Humane Association desire to comply with the pro-
visions of the said Order of court,if and when
the same is entered to comply with the provisions
of the Will of Clara B.K.Lockhart and the Order
of court under which the said Association acquired
title to the said property;
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD
OF DIRECTORS OF THE AMERICAN HUMANE ASSOCIATION
in lawful meeting assembled:
That if and when an Order of court is entered
in the Orphan's Court of Washington County,
Pennsylvania,in the Matter of the Estate of
Clara B.K.Lockhart,Deceased,authorizing The
American Humane Association to sell the property
hereinabove described to Washington County Humane
Association at a total purchase price of $16,350.00
and pursuant to such sale to convey the said property
to the said Washington County Humane Association
by special warranty deed,the President and Secretary
of The American Humane Association be,and they and
each of them hereby are,authorized and directed
for and on behalf of the said Association to con-
summate the said sale and to make,execute and
deliver in accordance therewith a special warranty
deed to convey title to the said property to the said
Society and to perform any and all additional acts
necessary or appropriate to comply fully with the
terms of any such Court Order.
3.
•..I ~'.,.'•.-:
3.That in accordance with the provisions of
the By-Laws of the said corporation the President thereof
is authorized to sign all such documents as may be required
in the sale of assets belonging to the Association or in
connection with the settlement of estates or trusts in
which the said corporation has an interest and the Secretary
of the said corporation is authorized to perform such duties
as usually are expected of such officer of a corporation.
4.That Thomas C.Justice is the duly qualified
and acting President of the said corporation and that the
signatures shown are the true signatures,respectively,
of the said President and the Secretary of the said
corporation,to-wit:
Thomas C.Justice
Rutherford T.Phillips
WITNESS my hand and the official seal of the said
I,'3:ztf-day of '~Q~corporation this __~~,1970.
,I !RutHerford T.Phillips?
4.
•I
.",.I ,t l'.......-
STATE OF COLORADO )
SS
County of Arapahoe )
The above and foregoing Certificate of Resolution
was acknowledged before me by RUTHERFORD T.PHILLIPS,
Secretary of The American Humane Association,a corporation,
this JG,rll-day of ()c/();jEC(,1970.
Notary
Witness my hand and official seal.
My commission expires NlyCommissionexpiresDec.30,1972
5 .
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF·11~
)
)
)
SS:
MELLON NATIONAL BANK AND
to law,deposes and says
Before me,the unde.rsigned authority,personally appeare~
____~~__~.~~..=.~;r~.~~_7__..__.,who,being duly sworn according
thathe iS~~~:'"of
TRUST COMPANY,Successor Trustee under
the Last Will and Testament nf Clara B.K.Lockhart,that he has
authority to make this affidavit,and that the facts set forth
in the foregoing Petition are correct and true to the best of
his knowledge,information and belief.
SWORN to and subscribed
i 7,•
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF
CLARA B.K.LOCKHART
)
)
)NO.
)
)
J 0 I N D E R
The Washington County Humane Society joins in the fore-
going petition to purchase from the American Humane Association
for Sixteen Thousand Three Hundred Fifty and 00/100 ($16,350.00)
Dollars the real estate which said Washington County Humane
Society now occupies in North Strabane Township,Washington
County,Pennsylvania situate on the northerly side of U.S.
Route No.31 (now 136),and agrees that the said consideration
be paid direct to Mellon National Bank and Trust Company,Succes-
sor Trustee under the Will of Clara B.K.Lockhart,deceased,in
consideration of said deed omitting the reverter clause in
favor of said Trustee in the event of cessation of operations.
SOCIETY
;.....
INRE:
Estate of
CLARA B.K.LOCKHART
(
)
(
)
(
No._
i.
'.1
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4'J
ORDER FIXING DATE FOR HEARING
AND NOW,November 13,1970,a hearing in the 'above matter is
scheduled for Friday,December 4,1970,at 10:00 o'clock A.M.,in the
Orphans I Court Courtroom,Courthouse,Washington,Pennsylvania.
All interested parties may appear and be heard.
','
,,'{.
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II
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF
CLARA B.K.LOCKHART.
)
)
)NO.
)
)
AND
DECREE GRANTING LEAVE TO MAKE PRIVATE
SAL~ND UNDER THE REVISED PRICE ACT
NOW,~:g_L f'1970,the foregoing
Petition having been presented to Court and upon due consideration
thereof,it is ordered and decreed as follows:
1.It is found as a fact that the proposea private
sale will be to the interest and advantage of all parties in
interest,and without prejudice to 'hy-trust,charity or purpose
for which the land is held and without violation of any law which
•may confer .an immunity or exemption from sale or alienation,free
of the reverter clause now in its title,and the consideration
of Sixteen Thousand Three Hundred Fifty and 00/100 ($16,350.00)
Dollars being paid for the removal of same shall be paid direct
to the Mellon National Bank and Trust Company,Successor Trustee
under the terms of the Will of Clara B.K.Lockhart and direction
of this Court,the American Humane Association is granted permis-
sion of this Court to make said sale direct to the Washington
County Humane Society.
,
2.The land to be sold consists as follows:
'ALL that certain tract of land situate in North
Strabane Township,Washington County,Pennsyl-
vania,bounded and described as follows:
-,'
BEGINNING at an iron pipe at the northeast corner
of said tract of land which is a corner common
to land of L.Evans Parcell;thence by land of
said L.Evans Parcell,South 0°24'West 287.48
feet to an iron pin;thence by land of Robert
G.Milhoan,South po 25'East 265.2 feet to a
stake in the center of said State Highway Route
No.31;thence by the center of said road,South
77°17'West 318.61 feet to a stake in the center
of said road;thence by land of Robert G.Milhoan,
North go 47'West 628.36 feet to a stake;thence
by land of L.Evans Parcell,North 89°30'East
417.62 feet to an iron pin,the place of begin-
ning;subject to certain exceptions as set forth
in said deed,which appears of record in the
Recorder's Office of Washington County,Pennsyl-
vania,in Deed Book 816,page 114.
3.The title of the purchaser,to wit,the Washington
County Humane Society,of said land shall be indefeasible by
any person whether or not in being having any present or future
or expectant interest in the land,and shall not be prejudiced
in any error in the proceedings of this Court.
•
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lIn the Court of Common Pleas~f Washington County,Penna.
rphans'Court Division
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IN RE:
ESTATE OF
CLARA B.K.LOCKHART
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JOHN F.WILEY
ATTORNEY AT LAW
417 WASHINGTON TRUST BUILDING
WASHINGTON.PENNSYL.VANIA
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KEYSTONE ENV.CO••PHILA.PA.UI1I4
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IN THE
ORPHANS'COURT OF WASHINGTON COUNTY,
PENNSYLVANIA.
IN BE:(
)
(
ESTATE OF )
(
)
CLARA B.K.LOCKHART,(
)
(
DECEASED.)
NO.44 --1952 o.C.
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IORD E R 1
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AND NOW,DECErffiER ,q,1951,the within Petiton having ,I
been presented and after due consideration,it appearing to the
,
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MELLON NATIONAL
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Thousand Five Hundred ($12,500)
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~it~!~Petitic~,to ~~,held.by~lt_in t~ustl~•,,;l.-'......x.~,~~,'~!~....-~~..f~~;....,.~(,,''lo ;("'.•J
IforthintheWillofthesaidClaraB.K.I
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To pay toBirron P.McCune,attorney for The1.
eS,tate descr1bed~1!1
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2.·To pay to Brown &:Husted,Inc.,One Thousand
•
of,""theWill of-Clara B.K.Lockhart,deceased,
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American Humane Association,Twelve
permanent shelter on the real estate heretofore referred to,and
equipping and implementing the program outlined herein for the
iII
BANK AND TRUST COMPANY,Successor Trustee under the Last Will and,I
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I
on demand to your Petitioner as Successor Trustee under said Will.
Te'stament of Clara B.K.Lockhart,is hereby directed:.
tion at any time,title to said property to be re-conveyed by it
Lockhart.In the event that the same be terminated by said associa-
3.To pay for the account of The American Humane
Association upon its written direction,sums from time to time out
of said available net income not exceeding in all Twenty Thousand
Five Hundred ($20,500)Dollars,for the purpose of erecting a
for the purposes as set
Dollars to complete the purchase by said association of the real
Seven Hundred Fifty-five and 92/100 ($1,755.92)Dollars,plus $10.75
for license and title fees,for the purchase by The American
Humane Association ofaModel F-l Ford one-half ton panel truck in
accordance with its recent bid and specifications.
1;'Court that the prayer is in compliaricewith the applicable portionl
III:
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I;~first six months of 1952,and thereafter such portion of said net
if~!
d income as may be available from time to time for the purpose ofIiI!
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carrying out the said port'ion or the Will or the said Clara B.K•
.Lockhart,deceased.
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A'l'TEST:
0 'true oopyfrom the,Record.l
,I '-'I:A C'?!~,,'7 ./'.\..,l.~~(/,','J1,p:?--'/'-'~-'v,
Reg.of Wills and Clerk 0 .:C.
..
CERTIFICATE OF RESOLUfION
I,the undersigned,RUTHERFORD T.PHILLIPS,
do hereby certify as follows:
1.That I am tne duly qualified and acting
secretary of The American Humane Association,a corporation
organized and existing under the laws of the Distritt of
Columbia.
2.That at a regular meeting of the Board of
Directors of the said corporation,duly called and held
in Englewood,Arapahoe County,Colorado,on June 18,1970,
the following Resolution '\vas duly adopted by said Board,
and now is in full force and effect,to-wit:
RESOLUTION
WHEREAS,The American Humane Association
by deed dated December 19,1951 acquired title to
the following described property situate in North
Strabane TO\Vllship,Washington County,Pennsylvania,
bounded and described as follows:
BEGINNING at an iron pipe at the northeast corner
of the tract of land herein conveyed,'\vhich iron
pipe is at a corner ,common to land of L.Evans Parcell
and the tract herein conveyed;thence by land of
L.Evans Parcell,South 00 degrees 24 minutes West
/
..
..
287.48 feet to an iron pipe;thence by land of
Robert G.Milhoan,South 00 degrees 25 minutes
East 265.2 feet to a stake in the center of State
Highway Route No.31;thence by the center of said
road,South 77 degrees 17 minutes West 318.61 feet to
a stake in the center of said road;thence by land of
Robert G.Milho'an ,'North 9·degrees 47 minutes West
628.36 feet to a stake;thence by land of L.Evans
Parcell,North 89 degrees 30 minutes East 417.62 feet to
an iron pipe,the place of BEGINNING,
subject to the exceptions set forth in said de.ed,which
deed was duly recorded in the Recorder's office in the
County of Washington,State of Pennsylvania in Volume
816 at Page,114;
and
WHEREAS,the said American Humane Association has
since said date held the title to the said real estate
restricted to the uses and purposes as set forth in
Paragraph 7(a)of the Will of ClaraB.K.Lockhart
dated January 21,1929,probated on November 4,1931,
and appearing in the office of the Register of Wills
in the said County of Washington,State of Pennsylvania
in Will Book 48 at Page 108 in accordance with an
Order theretofore entered in the Orphan's Court of
Washington County,Pennsylvania,in the Matter of
the Estate of Clara B.K.Lockhart,Deceased;and
WHEREAS,said property has been le,3.sed by the
American Humane Association to the Washington
County Humane Society,a corporation organized
and existing under the laws of the Commonwealth
of Pennsylvania;and
WHEREAS,Mellon National Bank and Trust Company,
as the duly qualifi~d and acting successor trustee
under the Last Will and Testament of Clara B.K.
Lockhart,deceased,now has approved a sale of the
2.
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said property by The American Humane Association
to the Washington County Humane Society at and
for a total sales price of $16~350.00
and has agreed to petition the said Orphan's Court
of Washington County,Pennsylvania,for an Order
approving said sale and authorizing the conveyance
of the 'said property by The American Humane
Association to the Hashington County Humane Society
pursuant to such sale;and
WHEREAS,the Board of Directors of The American
Humane Association desire to comply with the pro-
visions of the said Order of court,if and when
the same is entered to comply with the provisions
of the Will of Clara B.K.Lockhart and the Order
of court under which the said Association acquired
title to the said property;
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD
OF DIRECTORS OF THE AMERICAN HUI1ANE ASSOCIATION
in lawful meeting assembled:
That if and when an Order of court is entered
in the Orphan's Court of Washington County,
Pennsylvania,in the Matter of the Estate of
Clara B.K.Lockhart,Deceased,authorizing The.
American Humane Association to sell the property
hereinabove described to Washington County Humane
Association at a total purchase price of $1£~350.00
and pursuant to such sale to convey the said property
to -the said Washington County Humane Association
by special warranty deed,the President and Secretary
of The American Humane Association be,and they and
each of them hereby are,authorized and directed
for and on behalf of the said Association to con-
summate the said sale and to make,execute and
deliver in accordance therewith a special warranty
deed to convey title to the said'property to the said
Society and to perform any and all additional acts
necessary or appropriate to comply fully wit:h the
,terms of ~ny such Court.Order.
3.
;'
3.That in accordance with the provisions of
the By-Laws of the said corporation the President thereof
is authorized to sign all such documents as may be required·
in the 'sale of assets belonging to the Association or in
connection with the settlement of estates or trusts in
which the saic1 corporation has an interest and the Secretary
of the said corporation'is authorized to perform .such duties
as usually are expected of such officer of a corporation.
4.That Thomas C.Justice is the duly qualified
and acting President of the said corporation ~nd that the
signatures shown are the true signatures,respectively,
of the said President and the Secretary of the said
corporation,to-wit:
Thomas C.Justice ~~e~
LLJI~~~~~~"3'd./AJ_~-')Rutherforq T.PhilliPs7::-~~~~
WITNESS my hand and the official seal of the said
corporation this/J~day of ~,1970.
4.
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STATE OF COLORADO )
SS
County of Arapahoe )
The above and foregoing Certificate of Resolution
was acknowledged before me by RUTHERFORD T.PHILLIPS,
Secretary of The American Humane Association,a corporation,
this ~~day of (!)~,1970.
Witness my hand and official seal.
My commission expires
Notary Public
..
5.
/
.....
,DIRECTORS:
.'
OFFICERS:
1970
Wil ey:
In support of the Certificate of Resolution 'of the Board of
Directors of The American Humane Association covering the
sale of the Washington County property by The American
Humane Association to the Washington County Humane Society
for $16,350.00,I am sen~ing you attached a memorandum out-
lining payments made by thebank,as trustee for the Clara
B.K.Lcrckhart Trust,to The American Humane Association
used to establish the operation including land,building
and shelter and the amount of capital carried on the books
of The American Huma~e Associati,on..
Dear Mr.
November 18,
John F.Wiley,Esquire
417 Washington Trust Building
'Washington,Pennsylvania 15301
TIle,AUlerican Humane Association'
Organized 1877,Incorporated 1903,
Post Office Box 1266,Denver,Colorado 80201
Robert A.Gageby
Los Angeles,California
Donald H.Anthony
St.Lou;s.Missouri
1
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1ThomasT.Becker J
New York.New York I
Mrs.William T.Bruckner '1
Hinsdale,Illinois l
Elmer W.Johnson
Tff.S.JSUfcr
Harry M.Brown
Assistant Treasurer
C!l;lrles W.Friedrichs
V,cr Presiefl:11!
Carlton E.Buttrick I
BasIOn.Massachusetts I
Waco F.Childers.Jr.I
Greenville.South Carolina r
Mrs.Blair F.Claybaugh !
Harrisburg,Pennsylvaoia :1
Charles W.Friedrichs I
San Francisco.·Ca{ifo'~lI·a J
Rutherford T.Phillips
Secretary
Thomas C.Justice
Prt.'sidl.'fJ(
Mrs.Blair F.Claybaugh
I Assist<mtSecretary
Mrs.William T.Brucknqr
i Assistant Secretary
I
Mrs.Myron B.Thompson :
Honolulu,Hawaii •
IHughH.Tebault ,
!Oakland.California .•r
EXECUTIVE DIRECTOR:"
IRutherfordT.Phillips j
OI..'flVl...r,Color~/do
Wilson D.McKerrow
Brooklyn,New York ~.;
Mrs.J.Frallklin Reeves .i
Dallas,Texas
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maybe helpful to counsel and the courts in
the ,proposal of ,the Washington County Humane
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cc:Alan Gregg
Harry M.Brown '.c
Samuel S.Sherman,ESqUire/:;
Sincerely,'..-<)Z\..-1 /'//,'/
"'P ~I/r·"/J~e!;)1
Rutherford T.P illips
Executive Director
This detail
considering
Society.
,ij
I;Henry L.Leffingwell
Clevelanc/.Ohio
Thomas C.Justice
Columbus.Ohio
Elmer W.Johnson
Whea(on,Illinois
'1
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I The National Federation of Individllals and Agencies for the Prevention of Cruelty.Especially to Children and Animals.
American Red Star (Emergency Animal Relief)a Department of The American Humane Association.
tI'
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MEMORANDUM
RE:Establishment by The American Humane Association of a
shelter and supportive services in Washington County,Pennsylvania
.The Court Order of December,1951 carri.ea the fo110wing direc-
tive to the Mellon National Bank &Trust Co~:
\'
$12,500.00
1 ,755.92.
"
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/Pay Barron McCune,AHA Attorney
Purchase House &Land (Chadwick)
Pay Brown and Husted plus $10.75 license
AHA purchase of truck
Pay to AHA on written direction not '.
exceeding $20,500 to implement pro-
gram for first six months of 1962
out of accumulated income of $26,507.09
less operating reserve of $6,000.00 and
thereafter such income as available 20,500.00
$34,755.92
On February-16,1953,Larry Andrews,Di rector of Fi e1 d Servi ces'
at that time,petitioned the court for an additional paymerit asfollows:·.
/
/'
7,393.85$27,893.67
.$12,500.00
i.!'"~.1,766 .67
5.00
104.00
64.15
6,060.00.
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The Trust had paid to date a total of $27,893.67
for purchase of property and equipment and othet 'pur~
poses incidental to the .estab1ishment of -the ,program'
in Washington County as follows:
Purchase of property
Purchase of truck
Court fee for fi1ihg petition
Attorney fee
Fire insurance on property .
.To American Humane Association and'
deposited to Washington account .
To American Humane Association and
deposited to Washington account,"";.
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Capital expenditures or committments and additional needs were
detailed and it was requested that an additional $5,000 be trans-
ferred from the Trust account to cover these costs and maintain
a working operating balance in the bank,as,follows:
Purchase of Property
Purchase of truck
Repair floors in house and cover
Clean and paint inside of house
Install venetian blinds
Plumbing repairs
Electrical,minor repairs
'Shelter supplies
Carpenter work
Signs on truck and property
Cages for truck
Office furniture
Prepare building site,tree removal
Payme-n't on shel ter constructi on
Additional truck equipment
Accounts payable:'
Washington Engineering &Const.,Co.
McVehil Plumbing Company.
South Strabane Township
$"2,500.00
1,766.67
,583.45
700.00
161.16
140.12
25.90
87.53
205.36
81 .60
'300.00
50.00
40.00
7,500.00
44.70
,3,000.00
429.20
223.50
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el'("$30,614.19
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,:"'."'~!"':,;\;,:'1 ,000.00"
':~",..';':~LI ~,":400.00
300.00 '
125.00
225.00
300.00;
100.00 "
250.00
75.00
Additional needs:
Incinerator
Lethal chamber
Steam cleaner
Platform beds for dogs
Cat cages
Replace rain spouting on house,
Repair porches
Install walls
Install culvert
On February 25,1953,the bank trustee was authorized to pay to
The American Humane Asso~iation$5,000 ,from the ~rincipal.fund
for the uses required.;
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$12,500.00
,'10,500.00
1,000.00'
'352.70
According to the records the bank trustee delivered to The
American Humane Association for establishment of the shelter
and operations in Washington County,Pennsylvania a total of
$32,,893.67.Of this amount,the following charges were set-
~p as capital assets for the grounds,building,etc.:
Property
Land &Building
Shelter
Incinerator
Lethal chamber
$24,352.70
The additional $8~540.97 was used for repairs to the bUilding"
equipment,supplies,etc.and not capitalized.
In 1966,it was necessary to remodel the kitchen and replace
the equipment in the house for a cost of $1,921.02 and replace'
the water heater for $180.70.This added to the capital figure'
of $24,352.70 given above established a property asset of
$26,454.42.These assets from the time thejwere purchased
have been depreciated as a regular oper~ting expense at the;
norma)rate~The accumulated depreciation on the bui1din~
to June 30,1970 is $10,104.42 which results in fue sale or
transfer -present value as of June 30,1970 $16,350.00 and
the remaining capital asset carried on the b60ks'of AHAlfor
the benefit of theWashi ngton County Humane:'Soci ety'.','''':'.',
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CERTIFICATE
WE,THE UNDERSIGNED,THOMAS C.JUSTICE,AND
RUTHERFORD T.PHILLIPS,DO HEREBY CERTIFY AS FOLLOWS:
1.That the undersigned,Thomas C.Justice,is
the duly qualified and acting President,and the undersigned,
Rutherford T.Phillips,is the duly qualified and acting
Secretary and Executive Director of The American Humane
Association,a corporation not for profit,organized and
existing under the laws of the District of Columbia
(hereinafter referred to as the Association).
2.That pursuant to an Order of Court entered
on a Petition of the Mellon National Bank &Trust Co.,
as successor trustee,dated December 13,1951 and filed
in the Orphans Court of Washington County,Pennsylvania
in re Estate of Clara B.K.Lockhart,Deceased,being cause
number 44-19520 on the docket of said court,the Association
purchased with funds from the testamentary trust created
under the Will of the said decedent,for the purpose of
carrying out the terms and provisions set forth in
paragraph 7(a)of said Will,the improved real property
.J
referred to in the said Petition,and thereafter with funds
from the said trust caused repairs and improvements to be
made on the said property in order to utilize the same as
an animal shelter and rest home.
3.That with the approval of the said court
the Association has caused the said animal shelter and
rest home to be operated by the Washington County Humane
Society,a corporation not for profit,organized and
existing under the laws of the Commonwealth of Pennsylvania,
and an affiliate organization of the Association,which
Society now desires to purchase the fee ownership of the
said property,which fee ownership is held by the Association
in trust restricted to the uses and purposes as set forth
in said paragraph 7(a)of the ~ill of the said decedent.
4.That subject to the approval of the said
Orphans Court of Washington County,Pennsylvania,the
Association is willing to sell the said shelter property
to the Society for a total purchase price of $16,350.00,
which is the depreciated book cost thereof as reflected
on the books of the Association.Attached hereto and made
2.
v
a part hereof is a copy of a Resolution authorizing the
sale of the said shelter property to the Society at and
for the aforesaid total purchase price,adopted by the
Board of Directors of the Association on June 18,1970.
There also is attached hereto and made a part hereof,a
copy of a memorandum reflecting the computation of the
depreciated book cost of the said shelter property as
set forth in the books and records of the Association.
5.That in authorizing the sale of the said
shelter property at depreciated book cost as aforesaid,
the Association recognizes and agrees that the total sale
proceeds are to be paid over by the Association to the
Mellon National Bank &Trust Co.,as successor trustee
of the trust created under the Will of the said decedent,
such payment to be made in lieu of the Association conveying
the title to the said shelter property to the said successor
trustee under the condition of reverter set forth in the
said Petition of December 13,1951,and the Association
hereby agrees to pay said sale proceeds to the said successor
trustee promptly after the consummation of the sale of the
3.
'..
said shelter property,provided said sale transaction is
approved by Order of the said Court.
6.That the Association hereby irrevocably
waives any and all requirements which might otherwise
exist except for such waiver,to have the said shelter
property appraised or evaluated in connection with the
proposed sale thereof to the shelter and hereby acknowledges
that it will accept the said sum of $16,350.00 (to be
remitted promptly to the said successor trustee as above
provided)as the full and adequate consideration to be
paid by the Society for the conveyance to it of the said
shelter property by the Association.
7.That nothing herein contained shall be deemed
to constitute any unwillingness on the part of the Association
to continue hereafter to perform its obligations under
paragraph 7(a)of the Will of the said decedent with respect
to any and all trust income distributed to the Association
by the said successor trustee in compliance with the
instructions contained ~n the said paragraph.
IN WITNESS WHEREOF,the undersigned have subscribed
4.
'".
their names in their respective capacities of President
and Secretary and Executive Director of The American
Humane Association,and have caused the corporate seal
of the said Association to be affixed hereto,on the
respective dates hereinbelow·set forth.
Thomas C.J~Ice,President,
November -<V::,1970
\-,
(SEAL)
November ;(3
5.
,1970.
STATE OF OHIO )
.SS
County o'rl~~)
The above and foregoing Certificate was subscribed
and sworn to before me by Thomas C.Justice on this :L.'-t-.
day of November,1970.
Witness my hand and official seal.
My commission expires ~~~~~~~__~~~~~
I ,.
6.
STATE OF COLORADO )
:SS
County of Arapahoe )
The above and foregoing Certificate was subscribed
and sworn to before me by Rutherford T.Phillips on this
day of November,1970.
Witness my hand and official seal.
My commission expires 4~j~J 197;<.
_il
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Notary Public
7.
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IN THE COURT OF.COMMON PLEAS OF WASHINGTON COUNTY,PENNi...
ORPHANS'COURT DIVISION
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No.44 of 1952,O.C.
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JOHN F.-WILEY,ESQ.,of jra1lhington7i'Pe~hk",repre~enting the Petitioner.~:;.;,~l~...~"
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•-.'~""'c,j ~~....-...,:FrIday,December 4,'1970;:;aJ)10:00 o'clock-,....,--._.~:."~."."'~~..A.M.,EST..C)'1 ::'"'""'::1~'~~:~,t:~;~:
"r--'"~'O -;:.;p.::-o•V)
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THE HONORABLE P.VINCENT MARINO,
Judge of the said Court.
....
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HEARING ON'PETITION FOR PRIVATE SALE
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ESTATE OF
CLARA B.K.LOCKHART,
IN RE:
~z~Deceased.
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I N D E X
Arlie W.Ott 3
THE COURT:Mr.Wiley,we are ready for your proceeding.
MR.WILEY:May it please the Court,this is the date set for
the taking of testimony in support of the Petition of the Mellon
National Bank and Trust Company,Successor Trustee,under the
Company,Washington Branch?
A Arlie .ott,206 Greenhill Drive,Washington;.P)a.
Q Will you give your full name and residence?
Q Mr.Ott,are you employed by the Mellon National Bank and Trust
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Mr~Wiley,.:yere tpere''any spe~ial notices to bE
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We are ready to her your witresses,Mr.Wiley.
Well,.all the parties in interest have been notifi~d.
DIRECT EXAMINATION BY MR.WILEY:
There have been,no 'public notices;as the Cou'rt will recall,you
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waived advertising on account of the low price .and no compettti:kdnn.l.
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clause which was ordered by the Court in 1952.
Will of Clara B.K.Lockhart to approve a deed less the reversionary
given in this case?
MR.WILEY:
ARLIE W.OTT IS CALLED AND SWORN.
THE COURT:
THE COURT:
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A Yes,sir.
Q In what capacity?
A Trust Office ..
Q In that capacity is it one of your duties to supervise administration
4
of the Will of Clara B.K.Lockhart?
A Yes.
EXAMINATION BY THE COURT:
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In your files,do you find that at two different times the Court
authorized capital investments on behalf of American Humane Socie y?
.Yes.In 1952.
What is tile firs t one,do you recall what amount that was for the
purchase of the property?
The amount was $12,500.
According to the Court's order,that deed was to be made subject to
a Feverter clause.Is that right?
That's correct.
I--{'hen subsequently,a year la ter,was ther~an additional sum authprized?j
An additional sum 0('$5,000.
Does the Judge!:kave ahyquestions to ask Mr.Ott?
Mr.Ott,the authorization for the purchase of the property that
we are speaking of was made for what purpos e?
This was to authorize us to purcd:has e this property or supply funds
.for the pu~chase of the property which was to be titled 'in the name
of the American Humane Association to be used for an animal
shelter.This was the organization that was entitled to fulfill the
purposes of the Will in maintaining this animal shelter.
Q So that the authorization was made in conformity with certain
5
provisions in the Will of Clara B.K.Lockhart.
A Yes,Your Honor.My memory of this will is that they h~d specifie(
a certain t<D:cation or retention area which was impossible and this
was the nearest thing possible to the intent.Is that correct?
"
"
is the principal one in the Will.
of carrying out the intent of the Will.
That is correct.Paragraph 7-E,Your Honor,
Now tl¢ere is,n~7-E;Mr.Wiley.There is a 7- ( .
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That is probably a typographical error on my part.
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suitable for the purposes as outlined'in the Will.So that at that tirr e,
at a Court-approved sale in 1942;the reason then being it was un-
in 1951 indicated that the nixie ;Farm was sold at a public sale
really,the trus t was without any real estate suitable for the purposes
shall be submitte'd to the .Eourt:Did this purchase of the relevant
MR.WILEY:
the operation of'the said "Dixie Farm'"as a shelter or res t farm
,"
death,the death of Lockhart,it is my will that all facts r.o:amcerning
farm take the place Df the Dixie Farm?
MR.WILEY:
THE COURT:
THE COURT:7-C,paragraph 7-C of the Will provides that at
,,of
the end 'of a ten-year trial'peri~d.to be computed fr~m the time/my
A This,I believe,Your Honor,',is true.The'Petition pres ented back
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THE COURT:Then the trus t was authorized to advance funds
for the purchase of the present site.
A That is correct.
THE COURT:And in that deed of purchase,there wa'§a rever er
Arlie Ott
6
clause placed in it.
A There was to be.But I am told there may have been an error in the
actual deed"The order did specify that a reverter be placed in
it,that the property would revert to the trust owne rship,in the
event it was not being used for the pupposes intended.
THE COURT:Mr.Wiley,do you know what the substance ·of
the reverter clause is or was to have been?
to present that.I have it here now.
witness.Mr.Ott,then what was the purpose of the added grant of
$5,000.00 whfch was made a year or so ,subsequent to that?
Your Honor,the subsequent witness was going
Do you h8:ve a copy of the'Deed?'
The Deed and the 'reverter clause.MR.WILEY:
MR.WILEY:
THE COURT:Very well.We can get that by a subsequent
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to the shelter's structure.
Was that an out-right grant"without any conditions or strings attach d
.This wf-s au t'horized to permit certain improvements to be made
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to it?
A I believe it was,Your rH5nor.That order,it is my understandingat:.hat
the $5,000 was authorized to be paid by the trust to the American
Humane Association to be used by them in these structural improve-
ments.
,.
Q So that the Deed then was taken in the name of the American Humar e
Arlie Ott 7
Association?
A Yes,Your Honor.
Q And how do we get to the :Washington County unit in this matter?Wl ere
do they come in?
A It is my understanding that the American Humane Associatiorl.subsE-
des cribed in the within Petition,to be held by it in trust for the
quently distributes funds back into the immediate area and the
to complete the purchase by said association of the real estate
purpos es as set forth in the Will of the said Clara B.K.Lockhart.
Paragraph 1 -"To
If the Court please,an explanation regarding thE
pay to Barron P.McCune,'attorney for The American Humane,......
read an extract from a certified copy of the proceedings Number 41J
Deed--,-Judge McCune prepared it and inadvertently left out the
I
Association,Twelve Thousand Five Hundred ($12,500.00)Dollars
reversion clause.But if the Cou rt will per:mt me,I will want to
of 1952,O.C.in regard to this purchase.
/
Do you have that Deed handy now?
Trust 'as the funds are passed back to them from the A.H.A.
Washington County Humane Associat,ion is presently not a direct pa ty
in the Lockhart Trust.But they·do enjoy th'e benefit of the Lockhart
MR.WYLIE:
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In the event tha t the same be terminated by said association at
any time,title to said property to be re-conveyed by it on demand,
to your Petitioner as Successor Trustee under said Will."
Now what are you reading from there now,Mr..
~--------------··----n---------------------------------------o---------,
Robert Sperring 8
Wiley?
MR.WILEY:This is the extract of the Order of this Court da ed
December 19.1951~I will submit this for purposes of exhibit.
THE COURT:I have no 'other questions of Mr.Ott.
MR.WILEY:With the Court's permission.Mr.Ott would lik
to be excused at this time.
(Witness excused).
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I think he can be excus ed.
County Humane Society.
Yes.At the present time J am the President of the Washington
.'Robert W~Sperring.R.D.1.Claysvili~.Pa.
Mr.Sperring.will ~ou give your full name and home address?
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Bow}r:dG>.:e]s the society operate at the North Strabane Township propelrty?
:190 you hold a position with the W:a~hington County Humane Society?
~ROBERT SPERRING IS CALLED AND SWORN.
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Is it a tenant or otherwise?
A Yes.At the present time the property is owned by the American
Humane Association.And we are a tenant.so to s peak.in the howe
and operating the shelter~
QIs the society interested in purchasing this property?
A Yes.The society needs this property for several reasons.The
.Robert Sperring
present capacity is not sufficient to properly operate a humane
9
shelter.And it needs the property in order to build and expand the
present operation.
Q What price are you willing or is the soci~ty willing to pay for the
property without a reversionary clause?
A The society has already agreed to the purchase price of $16,500.O(•
Q $16,350.00,wasn't i~?
A Yes,that's right.
Q If the Court please,the next witness will·d~tail the operatioI1;s of
the shelter.Does the Court have any questions'of Mr.Sperring?
THE COURT:
MR.WILEY:
excused.
THE COURT:
(Witness excused).
.
No,we have no questions of Mr.Sperring.
With the Court's permiss i(D.llIl.,he wishes to be..,
Very well.
j\TALAN C.GREGG IS CALLED AND SWORN.
DIRECT EXAMINATION BY MR.WILEY:
Q.Will you give us your full name and home address?
A i.\Alan C.Gregg,630 Vallevista Avenue,Pittsburgh,15234.
Q Are you employed by the Washington County Humane Society?
..
A Yes,sir.
Q In what capacity7
Alan C.Gregg
A As Administrator.
Q How long has that relationship existed?
A Since June,1969.
Q Mr.Gregg,will you give briepy a description of the operations
of the sheltt::r and what,if anything is ne'eded to make it bigger?
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We have a shelter there which is .utilTz:Eetl mostly practically 100%
for receiving animals from the public generally and from various
communities in the tri-county area.They bring the .animals to our
shelter and we do our very best to find a home for ~hem.We are..
averaging around 1,000 animals per month.And our present facilit es
are very inadequate to cope pwith this large number of animals.
By tha t I mean we cannot hold the animals as long as we w9 uld like to
for adoption by people.We investigate complaints of cruelty,
,mistreatment of animais that come to our attention by the pub1ic.
We also investigate auctions,anyplace where animals'are .q~artere::l,·
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5 &10 cent stores,sales,fairs,acting as a society fO,r tp.e pre-
vention of cruelty for animals ..
Mr.Gregg,was one of your duties to secure or solicit contributions?
Yes.
And ha veyou been relatively'successful in that?
Modes tly,I would say yes.
Th~previous witnesses have mentioned a reverter clause or a....
trust under which the present title ,is held.Do you find in your
experience that 'that would 'be a hindrance to securing funds?
Alan C.Gregg 11
A Yes.In soliciting funds from fo undations that is one of the things
that they particularly stress and then if it were necessary for us
to obtain a bank loan to carry out the expansion,my experience has
taught me that that wo uld be a hindrance.
Q Have you any pros pects at the present tim e of securing a donation
from any foundation if thi.s reverter clause were removed?
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:prese'rit time and that.'sone of the questions that they always ask us.'.~.
Does Your Honor have any questlons of Mr.Gregg?
But,that-is what I wanted to inquire about.
E~AilVNINATIONBY THE COURT:
COL1nty Association has towards the purchase of this land and prope ty.
Q As Administrator of the group or assoCiation,I donH know whether
I wanted to inquire as to what assets the Washin~ton
"We can ask you.
,
Could you tell us that,Mr.Gregg?
he would ,be acquainted with the financial structure of the group her ~.
MR.WILEY:
THE COURT:
A At the present time,Your Honor,we have'on deposit in the Mellon
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National Bank $31,139.21.We have a challenging $10,000 amount
from a foundation when we raise $10,000 locally:I might add we
are within $200.00 of raising that $10,OOO'locally.I have a letter
from another foundation saying that they are sending-us a check for
Alan C.Gregg
$5,000.
Q Well,it would appear by the figures that you have given us,Mr.
12
Gregg,that you wouldn't need any more aid in culminating your prE sent
purposes for this shelter,would you?In other words,I am saying
that it appears that you have enough finances without borrowing.
Once we obtain possession of the property,then we are in a positio ~
of cou rse,to erect a new building.And the approximate cos t !:tas
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been determined between $50,0000 and $70,000,You,r Honor.
And once we have the titre of the property in'the'name of the Wash-
in.gton County Humane Society,I feel that'we ,can go to the public..
and foundations and various sources to raise the oamouritnecessar
to erect a more efficient building.
So tha t you have a building program in pros'pect?
That is correct,sir,Your Honor...
And would that take the place of your present buildings 'or in addifion
,.
to you r present buildings?..
That is being studied at the pres ent time.Our present building is
very inadequate,very old.The Board of Directors would make that
decision whether anew building should be erected.That is being
discussed at the pre'$IEmt time i:irr,0 in our Board of Directors.
You are incorporated,I presume,in Washington County?
Yes,Your Honor.
And ::you are not technically in any way connected with the national
association bi way of having to respond to the national association
Alan C:Gregg
for any dues or assessments or anything of that kind?
A The national,the American Humane Association is an association
of some 600 humane societies throughout the country;And we do pay
13
dues as an affiliate member of $25.00 a year to the American Humftne
Association.We leas e this property for $1.00 a year from the
Am erican Humane Association but we are completely iml(jpendent
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of them regarding policy.Our Board of Directors sets the policy 0
our local association.
I am speaking of the financial structure.Are you dependent on
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them in any way?
No,,Your Honor.
Cin they make any assessments against your association if they de ire?
No,Your Honor.
You just pay these normal dues?
that is correct,Your Honor.
I don It seem to understand how it would affect your organization in'
trying to secure a proper loan by reason of the fact tha t this reverter
clause might be in the deed to your association.How do you feel the:t..
that would affect it?
Now this is a personal opinion,Your Honor.Under the terms of
the Will of Mrs.Clara B.K.Lockhart,this su m of money was wi!ed
to the ~merican Humane Association through the Mellon National
Ban~as Trustees.iirhe proce~ds of.that .Will were'to be utilized in
the establishment of a Humane Society in Washington County.
Alan C.Gregg 14
Q The general purposes of y.rhich are being effected now by the Washi gton
County Humane Society.
That's right,sir.
All right.Now will you continue with how you believe that.this m igrt
affect your association?
The American Humane Association has a definite policy in regard
to»orgcn ization in carrying out accred ited standard procedures o~
such an organization.And if this local organization would at any tirp.e
cease to carry out the real functions of what they interpret a Huma e
So~iety should carryon,then they could revoke the amouht of monEy
accruing from the Lockhart Estate.And we,at the present'time,
.
are under---correction on that---we at the present time have
a recognized Board of Directors and are carrying out all of the
functions of a recognized Humane Society.But the title to the prop:>rty
is not in the name of the W~s::htngt~0rHG.0,Uill1t;yM:um,an:e~iAssocia!-ion..
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And if that title,we feel,were in the name of the Washington Courty
Humane Society,and the proceeds of the purchase of this property
were to revert directly to the trustee,the Mellon National Bank:,
then we would be increasing,of course,the endowment and we wou d
get the'proceeds of that.And we would ha ve a clear title without
recourse to the American Humane Association as such.
Q And of course,under those conditions,the Lockhart Trust would
,originally
still be g~t,ting back the fund or nearly some of what they"expended
and when they say that it should revert,you are getting the money
Alan C.Gregg 15
instead of the property.
A That is correct.
Q So that the Lockhart Trust isn't damaged in any way by permitting this,
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Where in the other im.tance it wo uld just be awaiting some reverte
A Yes.I have encounteit'ed that.
been unable to secu re the testimony by Mr.Phillips,who is
One question,Mr.Gregg.I think I understood
I think that's all.If the Court please,the'A me ican
other questions?
money now for whatever use it properly desires to make of the money.
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stumbling block in dealing with foundations and banks.
you to say that the fact that you did not have a-clear title was a
the Executive Director of the Association for the Court this mOi'ni g.
Humane Association headquarters are in Denver,.Colorado:,I haVE
that might happen generations hence.:::
MR.WILEY:
MR.WILEY:
A That is correct,sir.
Q I think I understand the situation now.Thank you.Are there any
y you would say?
A No.If I may venture an opinion,I think it's being enhanced somewhat.
Q -Well,it's being enhanced to the extent that ttl actually has the
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But in lieu thereof,I have several exhibits that I think will explain
the situation.Th(';yare properly sworn to.The first one has to do
with the Certificat e of Resoluation and extracts of the Resolution
of the meeting of the American Humane'Assocation held in June,
16
1970,in which they stated that they would sell this property to.the
Washington County Humane Society for $16,350.00.And in case
the CouH would approve the sale,it gave the authority to the office ins
of the American Humane Association.to execute a deed therefore.
In the second exhibit,Your Honor,is the
Memorandum furnished me by the American Humane Association,
showing the entire money transactions that have passed between
This being offered in su pport of the statement that the book value,
after depreciation on the books of the American Humane AssocaatiOl1,
it and thelocalOiXS:S3dcmtm since tli~52,when the shelter was purcha~ed..
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~is $16,350.00.
a:I-~THE COURT:We will receive both of these e~hibits and make
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~MR.WILEY:If the Court please,I have one additional certif'cate
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which is signed and sworn to by the President and Executive Direct::>r
of the American Humane Association.I w ill only refer-to ~ertain
paragraphs in it.It's rather long.Thomas C.Justice is the duly
acting President of the Association and Rutherford T.Phillips is
the Executive Director.They repeat the offer to sell this property
for $16,350'.00.Paragraph five reads as follows:It has to do
withtrerreverter clause in the form er Court Order."That in
author.izing the·sale of the said shelter property at depreciated boo cost
as aforesaid,the Association recognizes and agrees that the total
sale proceeds are to be paid over by the Association to the Mellon
..
Bank &Trust Company,as sucdessor trustee'of the trust created
under the Will of the said decedent,such payment to be made in
I ieu of the Association conveying the title to the said shelter proper y
to the said successor trustee under the condition of reverter set
forth in the said Petition of December 13,1951,and the Associatio~
hereby agrees to pay said sale proceeds to the said successor
:5z~trustee promptly after the consummation of the sale of the said
~1Il~shelter property,provided said sale transaction is approved by
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ie Order of the said Court."The next paragraph,the remaining
Clz~paragraphs deal with the repeating the offer to sale at the price<~
given and also offering and pledging the continued willingness on-,.
the part of the American Humane Association:to continue to furnish
advice and consultation in conneetion with this shelter.I realize
that properly that should havebeen in the fo:r:m 'of ~deposition.But
17
Director,that might suffice for Your Honor.
I felt with the signatures sworn to by the Preside~t and Executive
(At the direction of the Court,off..:the-r~cord disc~s'sion was not
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We will accept it in its present form.
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recorded by the st~nographer).
(Proceedings Closed).
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