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HomeMy WebLinkAbout02-27-78 (2) LAST WILL AND TESTAMENT OF MURDOCK McLEOD I, MURDOCK McLEOD, of Wormleysburg, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time made. ITEM I: I direct that all inheritance and estate taxes be- coming due by reason of my death, whether such taxes may be payable by my Estate or by any recipient of any property, shall be paid by my Executors out of the prop- erty passing under this Will, which is not specifically devised or bequeathed, as an expense and cost of administration of my Estate. My Executors shall have no duty or obligation to obtain reimbursement for any such tax paid by my Executors even though on proceeds of insurance or other property not passing under this Will. ITEM II: I hereby exercise all powers of appointment which I may have at the time of my death in favor of my Executors, and all property subject to all such powers of appointment shall be included in my Estate. ITEM Ill: I give and bequeath all of my household furniture and furnishings, automobiles, books, pictures, jewelry, china, linen, silverware, wearing apparel and all other like articles of household or personal use and adorn- ment to my wife, KATHRYN S. McLEOD, if she survives me. If Kathryn S. McLeod predeceases me, I make said bequest in equal shares to such of my children as survive me. At the time of the execution of this Will, my wife, Page 1 of 6 pages. 262 . . Kathryn S. McLeod, owns a substantial part of the furniture, books, pictures, china, linen, silverware and other like articles of household use now in our home. ITEM IV: I hereby give and bequeath TEN THOUSAND DOL- LARS ($10, 000) to the UNIVERSITY OF NEVADA, my Alma Mater, with the income to be used for the making of a scholarship payment each year to a sophomore who, in the opinion of the President, had a good record as a freshman and is in need of financial help. ITEM V: If I predecease my wife, KATHRYN S. McLEOD, I give and bequeath the sum of ONE HUNDRED AND FORTY THOUSAND DOLLARS ($140,000) unto said KATHRYN S. McLEOD, free and clear of all taxes. If I do not predecease my said wife, the foregoing provisions of this Item shall be void, and the part of my Estate that would have been governed by said provisions shall become part of my residuary estate disposed of in ITEM VII of this instru- ment. ITEM VI: In addition to the bequests made to my wife, KATHRYN S. McLEOD, in any of the preceding portions of this Will, said KATHRYN S. McLEOD shall have the right to live, rent free, in my house located in Wormleysburg, Cumberland County, Pennsylvania, until such time as my Executors shall deem it desirable or necessary to sell said property. ITEM VII: All of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, shall be divided into two (2) Page 2 of 6 pages. 263 equal parts, to be distributed as follows: (a) One such part I give, devise and bequeath as follows: (i) To my daughter, JEAN McLEOD CROFT, if she survives me, or, if she does not but has issue who survive me, then to said is sue, per stirpes; (ii) If neither my daughter, Jean McLeod Croft, nor any of her issue survive me, said part shall be added to the other part disposed of in subparagraph (b) of this ITEM VII, except that the sum of $10, 000 thereof shall be paid to the spouse of my daughter, Jean, if he is then living, and if, in the opinion of my Executors, said spouse was living with my daughter at the time of her death. (b) One such part I give, devise and bequeath as follows: (i) To my daughter, NANCY McLEOD STEPHENSON, if she survives me, or, if she does not but has issue who survive me, then to said is- sue, per stirpes; (ii) If neither my daughter, Nancy McLeod Stephenson, nor any of her issue survive me, said Page 3 of 6 pages. '?64 part shall be added to the other part disposed of in subparagraph (a) of this ITEM VII, except that the sum of $10, 000 thereof shall be paid to the spouse of my daughter, Nancy, if he is then living, and if, in the opinion of my Executors, said spouse was living with my daughter at the time of her death. ITEM VIII: In the settlement of my Estate, my Executors shall possess, among others, the following powers: (a) To sell either at public or private sale and upon such terms and conditions as my Executors may deem advantageous to my Estate, any or all real or personal estate or interest therein, whether owned by me severally or in conjunction with other persons or acquired after my death by my Executors, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust,without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, ac- knowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executors in this paragraph or elsewhere in my Will. (b) To pay all costs, taxes, expenses and charges in con- Page 4 of 6 pages. ~~65 \ ITEM Xl: I hereby nominate, constitute and appoint DAUPHIN DEPOSIT TRUST COMPANY, my daughters, JEAN McLEOD CROFT and NANCY McLEOD STEPHENSON, and my wife, KATHRYN S. McLEOD, to be my Executors. In the event of the death, resignation, refusal or inability of any of my Executors to serve as an Executor, the remaining Executor(s) shall serve, replacement(s) not being required. My Executors and Guardian specifically are relieved from the duty or obligation of filing any bond or other security. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament, consisting of this c---~--- ," this 2.-5' day of/?1..ce"...-#.-: and the preceding five (5) pages, 1969. 7 Af~~ 7l~ Murdock McLeod (SEAL) We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testator as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testator was of sound and disposing mind and memory. (SEAL) J Residing at: /~'/ /,Y{t:; '}-";;;: L '" ,,,~, ,oj RO'''jn. a<, 'l!t;.;~:;J;r:/ It !~./J Re~iding at: /r; C ( , / / y" ! tl '-/ i / ,17 ,L (SEAL) ( (SEAL) , ~.",----- , ,/' Page 6 of 6 pages. 267 - CODICIL TO THE WILL OF MURDOCK McLEOD I, MURDOCK McLEOD, of Wormleysburg, Cumberland County, Pennsylvania, do hereby make and publish this Codicil to my Last Will and Testament dated December 23, 1969. ITEM IV of said Will is hereby amended to read as follows: "ITEM IV: I hereby give and bequeath TWENTY THOUSAND DOLLARS ($20,000) to my Alma Mater, the UNIVERSITY OF NEVADA, Reno, Nevada, less, however, the amounts of any gifts which, between the date of this Codicil and my death, I give to the said University for the purposes set forth in this Item. The principal of said gifts and bequest shall be held by the University as an Endowment, with the income therefrom to be used for the making of a scholarship payment each year to a sophomore who, in the opinion of the President of the University, had a good record as a freshman and is in need of financial help. In the event that I make gifts of AT & T stock for said purpos e between the date of this Codicil and my death, the University shall retain said stock, as such, in the Endowment, at least until my death, and may hold said stock after my death if the University so elects. II ITEM V of said Will is hereby amended to read as follows: "ITEM V: If I predecease my wife, KATHRYN S. McLEOD, I give and bequeath the sum of ONE HUNDRED AND EIGHTY THOUSAND DOLLARS ($180,000) unto said KATHRYN S. McLEOD, free and clear of all taxes. If I do not predecease my said wife, the foregoing provisions of this Item shall be void, and the part of my Estate that would have been governed by said provi- sions shall become part of my residuary estate dispos ed of in ITEM VII of this instrument." ITEM VI of said Will is hereby amended to read as follows: "ITEM VI: In addition to the bequests made to my wife, KATHRYN S. McLEOD, in any of the preceding portions of this Will, said KATHRYN S. McLEOD shall have the right to Page 1 of 2 pages, 268 GO" '" CODICIL TO THE WILL OF MURDOCK McLEOD I, MURDOCK McLEOD, of Wormleysburg, Cumberland County, Pennsylvania, do hereby make and publish this Codicil to my Last Will and Testament dated December 23, 1969, which Will was previously amended by a Codicil dated March 25, 1976. ITEM V of said Will, as such Item was previously amended by the above-mentioned Codicil, is hereby further amended to read as follows: "ITEM V: If I predecease my wife, KATHRYN S. McLEOD, I give and bequeath the sum of TWO HUNDRED TEN THOUSAND DOLLARS ($210,000.) unto said KATHRYN S. McLEOD, free and clear of all taxes. If I do not predecease my said wife, the foregoing provisions of this Item shall be void, and the part of my Estate that would have been governed by said provi- sions shall become part of my residuary estate disposed of in ITEM VII of this instrument." IN WITNESS WHEREOF, I have hereunto set my hand and .,..,<<: U. p this Codicil, this /_-<- - day O~{4€~~ ,1977. seal to ~~~ Murdock McLeod (SEAL) We, the undersigned, hereby certify that the foregoing Codicil was signed, sealed, published and declared by the above-named Testator as and for a Codicil to his Last Will and Testament, in the presence of each of us, who, at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testator was of sound and disposing mind and memory. IN (SEAL) Residing at: 'l b-,J-'ff~~ Residing at: :6 o U P/I//,/ Residing at: (SEAL) (SEAL) 270 -- CODICIL CUMBERLAND COUNTY, ss: This mnnn.m.t~~~mnn.....n.JS 0~nn~2mm. ....:.hmmmmn.u. A. n, ~j~l,J' :;:::",,,,,::~;;;;,;~;;;;;~1::,;";;,,,",;, :::'''~:::;,' ,::,. c~m:::" wealth of Pennsylvania, personally came .. ..nu~"~"'h.d:n.nZ~mn..hm. un mhunmnu.nnnnmthe subscribing witnesses to the foregoing instrument of writing purporting to be a , <~,.I- d' . h. W'II d T f 1",1''''H::J ,:)01'- TV! cr P0-4 ...m'n~nm.mCO ICII to t e last I an estament 0 u....h:.:n:n'h..:.n..hU.:.!m.:::'nn...um.....h.nm.mn. 1"'... q ')r:' 1 S76 ',.T0"rlY'''"""! C':""r:" :-'~'Ylrl" Dated .,...n-..!....SC.".L.. late of."hm.h_h..._n.'-.~mnn:=.~nhu.mu.u.._._nn.h.... Cumberland County, Penna., deceased who being duly ~... according to law, depose and say, that mnk.u.n. present, saw and heard the testa.n~......., nm..m......._._.m._..........h.hmn...mn..sign. seal, publish, pronounce and declare the said instrument of writing as and for a n.n_...m codicil to h.-..J.m_Testament and Last Will, and at the time ofl,:oing .....-k.h..was of sound and disposing mind, memory and un- derstanding, to the best of mnnnmm knowledge, observation and belief. h""~."'''. and subscribed before i:l.~~...Qwjlff-~Ro,.," ~ ..... ~ }5..nm....... h..m.h.n.:......h....... .........h.......h.h..nn...[ 271 CODICIL CUMBERLAND COUNTY, ss: . )~ h I'll,? ThiS _mnmh_h_h..h.nh___..___n.._nn_ day of nm.m__hn_...._h_hn_hh_nm_ nnnnnnnn._m.n__._ A. D., l-!l6__._m_' before me m-A:::-Ld.__r!:;-n~C____..h.._.n.___n_____m_mm' Register for the Probate of Wills and granting letters of Administration in and for said County of Cumberland, in the Common- wealth of Pennsylvania, personally came ntt":?_\-_,.JJh_1Zf~::_h:z:u"=~n.mnnn___nm.n ..00.00_ mnnnnn.nm__n__n_the subscribing witnesses to the foregoing instrument of writing purporting to be a 31.<Sr7..0_n_.._COdiCil to the last Will and Testament of n2t'.~_J.._n?!'.'"""C:n~_n_.n.nnnn__n. Dated mmnm_nh.._n.._ late OLmm;l:-"':'J~/nmn-n.n.mnnnn- Cumberland cj,lunty, Penna., deceased who being duly _~:!::'::':':nh according to law, depose and say, that _.4_T_.~~esent, saw and heard the testacr.:.______m_, __::lJ.~~n_)ft:,.nL..d.__Sign. seal, publish, pronounce and declare the said instrument of writin" as and for a _______n___ codicil to h___Aon_nTestament and Last Will, and at the time of so doing .n_.~nmwas of sound and disposing mind, memory and un- derstanding, to the best of ___?~::-'::".n knowledge, observation and belief. _"~~___._.___"_"___h_ .......~.w..~~. _ _mhnnm Register. 271 CODICIL CUMBERLAND COUNTY, ss: _ ,,~ & :::r~n-::n~&42:::~~::-_;:2~~__::::::::~-__-____---__-::::::_::, /17F nWnnnn_nnmn_n_ A. D., 196:"_0.0.0.' Register for the Probate of Wills and granting letters of Administration in and for said Coup}~ of Cumberland, in the Common- wealth of Pennsylvania, personally came _ ~l>)'/'''''\tWnh-~n' ~~'_h_a_f_~n nOn h 0. ______hnnhn____mnn_the subscribing witnesses to the foregoing instrument of writing purporting to be a l-f-t-6-;<,-I.'J?-COdiCil to the last ~~and Testament of h_?Jt.,",-,:~jr~___n~h,f{,dnhn_n_h_____ Dated mnnmh_nnnn___ late Of-n/f/.:-'~rh___n_n_m_m_n__ Cumberland County, Penna_, deceased who being duly ~_-:-:n_ according to law, deppse and say, that ~nL'~ present, saw and heard the testaJ"''-_nnw_n, _n}gu.~nJ!.%n~dmn__Sign. seal, publish, pronounce and declare the said instrument of writi~7 as and for a mnnnm codicil to h_''''<>__n__Testament and Last Will, and at the time of so doing ___kmwas of sound and disposing mind, memory and un- derstanding, to the best of _m_~ knowledge, observation and belief. d subscribed before -:---n-rL~:'~''''''l---W--~-~-Y:---n-~'c.----- ___ ___ n__hnm_ Register. 272 CODICIL CUMBERLAND COUNTY, ss: This mmmhh....1iJZ.. .nm..mm day.?J ..hJ. ..m..m7h" n..:___.m"hn.h' A. D..-49G./27,.? before me m...\om:~ ~m'h.j...).:mm2......... '~'h' Register for the Prabate of Wills :::I~:a::i::~::::sa:~a~::~:i::~;i::~: and,.~d..27...~L~2:.i~. the Common- "'h...nnnn...m..nnthe subscribing witnesses to the foregoing instrument of writing purporting to be a .m..;:;.U!.....ncodicil to the last Will and Testament of _.m_mmhT,'.;;;.d J:::.:.c.}i[c;J:,~0cLmm_._.....m. r ,....,...., 1 C?7 1 T ,_, Dated ,',.9':'--'--'';''~~'h::.'Ii1fe of..n...mnnn;J;'.'.~:.L.".7.';:."!-J.r.,L_ .m......mm._. Cumberland County. Penna., deceased who being duly ~..... according to law. depose and say, that ...n..&..... present, saw and heard the testa...":Y.m..... ...._mnhn.h.h.....m..m.m......h_..m...sign. seal. publish. pronounce , and declare the said instrument of writing as and for a ............ codicil to h'-"'/"'hTestament and Last Will. and at the time of so doing _...4:.hmwas of sound and disposing mind. memory and un- L derstanding, to the best of m..m...._ knowledge, observation and belief. --- mm ....m .'" ...._..mnh... and subscribed before Xh...m..m(!~~~~C. f --Fj A JLl~ ....mm..m.. .m..h.....n................h nhn..C....... '" ..... h...C:,..-L............"L.I..Jh... ....h.... h .="'Register. .n_.___h____._.__........... .....h_n_.._......_............_n._.......... . 272 OATH OF SUBSCRIBING WITNESS COMMONWEALTH Of' PENNSYLVANIA 1 J 5S: T>'m;r2.}~J7Zm~o,J..~'7mmm A. D, ..2f. before me ..u.h.Ju._J.....L..I.~.~uuu2u..... /, u"""'.~u...uuuu....uuu., Register for the Probate of Wills :::0::I:;i::~:ttet~nlst:r;(.nu~lfLc:Z:L::~~J:=~e~~04~ COUNTY Of' CUMBERLAND -;-"T, .,...,,-~O (' 1- T,.iTr> T.,~r"'\'') -------......---..----.-...-.........--....-...............---..----.-.........--.----...-....-.. the subscribing witnesses to the foregoing instrument of writing purporting to be the last Will and Testament of ...um.......h_____.__. Dated m._n:.-h-:;..~....~.2..in__~.?~:~.?m___ late of .......'....~................'....(.:.. ::,c..:.......'...-:'..1...'.'.'..:~. C bid C P d d - ~ 00000000"'00 ......00...00.00.00000000......00.00 0000'0000000000'000000'0000' urn er an ounty, a., ecease who being duly ...uuu~. .....00. according to law, depose and say, that uu~uu~...uu d d h d h r r',T'Ledock r1c~jeod present, an saw an ear t e testa,~,u"""h_n__n__n___, Ou_.....u.___..nnnn....__m...mmu......n_...___mhm__ ....n_______.......... sign, seal, publish, pronounce and declare the said instrument of writing as and for h.~_____ _. Testament and Last Will, and at the time of so doing mn__nn._uhmnL u_uu__ ._uuuuuuuu___ u was of sound and disposing mind, memory and understanding, to the best of hnUnn m.....~__mumu.. u.hmm knowledge, observation and belief. ....~~... mm 'M ,o",'bo< ~'"" a~"If3j~,",." .x Xn unun n~'n 0000 r unmnry~ AFFIDAVIT OF DEATH COMMONWEALTH OF PENNSYLVANIA I ss: COUNTY OF CUMBERLAND I .~~.,0.~~!!!::d.:...-;;;tq../y..<4~"..!t!.l4...<<~..4:.:r...r!:!.=:/.9#:.,,::o.........being duly ......A:::~:.......................... says that as nearly as can be ascertained the said decedent .......................... ? ~ ~ ,,1 .' i ~ '1Zk'''/.-nf )1Zc ~ . ... .... ........ ................. .......... ............................... ....................................................................................... .dIed on ;' ~" ................................................ the ..........!.'?.:#:..........day of (" AD 19?P ....... .......~.................................... .., /..U.., C/ at or about .......................................... o'clock, ....M. ..................l!l.~~.~~.......................and subscribed this 2nd ................................................ 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