HomeMy WebLinkAbout07-31-78
No.
21-78
4DB
PETITION FOR PROBATE OF WILL AND LETTERS TESTAMENTARY
in the Estate of Hilton A. Russell
, deceased.
To Rich~rn F. Anderson
of Cumberland, in the Commonwealth
xis
Petitioner(s) are the execut ors
, Register of Wills for the County
of Pennsylvania.
named in the Last Will and
Testament of Hilton A. Russell dated May 24 r 1 Q74
Decedent was a citizen of the United States and a resident of
Township
~ Cumberl.and County, Commonwealth
Shippensburq
of Pennsylvania.
Decedent died on
Sunday
the
16th
day of July
, State of
A. D. 19 78 , in the County of
Franklin
Pennsv1vania at the age of 84 years.
km ma meg
Decedent has not been married and has not had children born to him
since the execution of the above described Will.
Decedent was possessed of personal property to the value of
unestirnated and of real estate to the value of
Unestirnated
as near as can be ascertained; said real
estate situated as follows Shippensburg Township, Cumber land Co. Pa.
213 North Prince Street, Shippensburg, Pa.
apply
Therefore, your petitioner(s) respectfully %til:Mii for the probate
of the said Last Will and Testament and for Letters Testamentary thereon.
Dated July 2u, 1978
The Peoples National Bank
of Shippensburq
East King Street
>\
Name and address
of Petitioner(s)
Pa.
COMMONWEALTH OF PENNSYLVANIA!
ss
COUNTY OF CUMBERLAND
l:: tIc
Filed;
July
31,
1978
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LAST WILL
OF
HILTON A. RUSSELL
I, HILTON A. RUSSELL, of Shippensburg Township, Pennsylvania, declare
this to be my last Will hereby revoking all prior Wills and Codicils.
FIRST: I direct that all my just debts, including expenses of my
funeral and last illness, be paid from my general estate as a part of the cost of
administration as soon after my decease as practicable.
SECOND: A. I give and bequeath to my wife, DOROTHY O. RUSSELL, all of
my tangible personal property, including any automobiles, together with policies
of insurance thereon, providing she is living thirty days after my death. If my
said wife does not survive me, or dies within the thirty-day period, I give such
property to my children living at the time of my death to be divided among them
as they may agree, but, in the event no agreement is reached, the same shall be
divided as my Executors shall determine.
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B. I give and bequeath unto my secretary, MARGARET AGLE, the
sum of Three Thousand Dollars ($3,000.00), if she is in my employ at the time of
my death.
C. I give and bequeath unto our housekeeper, MARY FRYE, the
sum of Two Thousand Dollars ($2,000.00), if she is in my employ at the time of
my death.
THIRD: If my wife, DOROTHY O. RUSSELL, survives me, I give, devise and
bequeath the entire residue of my estate to my Trustees hereinafter named to hold
and administer as follows:
1. During the life of my said wife _
(a) All of the net income therefrom shall be paid to my said wife in
quarterly or other convenient installments.
(b) As much of the principal thereof as my Corporate Trustee in its
discretion may from time to time deem proper for the health,
maintenance and support of my wife, shall be paid to or applied
directly for her.
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2. Upon the death of my said wife, or upon my death if she does not
survive me, the then remaining principal of this Trust shall be divided among my
then living issue per stirpes. For purposes of this paragraph "issue" shall be
construed to include only natural born persons at the time the interest becomes
possessory, and not adopted persons.
3. If any beneficiary is a minor, or in the opinion of my Trustees, is
incapable, because of physical or mental incapacity, of properly using any pay-
ment of principal or income to which he is entitled, my Trustees may use any
payment to which the beneficiary shall be entitled for the maintenance, support,
health and education of the beneficiary. Any amounts not required may be held
by my Trustees and invested in accordance with the provisions of this Trust
covering investments by my Trustees and any principal and accumulated income
shall be paid over to the beneficiary upon the termination of his minority or
incapacitaty or, in the event of his death, to his personal representative.
FOURTH: The interests of the beneficiaries hereunder shall not be
subject to anticipation or to voluntary or involuntary alienation until
distribution is actually made.
FIFTH: A. All estate, inheritance, succession and other death taxes
imposed or payable by reason of my death, and interest and penalties thereon,
with respect to all property comprising my gross estate for death tax purposes,
whether or not such property passes under this Will shall be paid out of the
residue of my estate without apportionment or right of reimbursement from any
beneficiary or recipient. I authorize my Executors and Trustees to pay all
such taxes at such time or times as deemed advisable.
B. My Executors may join with my wife, or her personal repre-
sentative, in a joint income tax return covering any period of time prior to
my death, or in a gift tax return on gifts made by her prior to my death and in
connection therewith to determine what taxes, interest, and penalties are proper
and to pay the same even though not attributable in whole or in part to income
or gifts from my property and without requiring said wife or her personal
representative to indemnify my estate against liability to it for tax attribut-
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able to her.
SIXTH: I appoint my wife, DOROTHY O. RUSSELL, and the PEOPLES
NATIONAL BANK OF SHIPPENSBURG Executors and Trustees under this my Will. Should
my wife, DOROTHY O. RUSSELL, for any reason fail to qualify or otherwise cease
to act as Co-Executor or Co-Trustee, I appoint PHILIP C. HERR to act as such in
her place. I waive the requirement of any bond or other security in any
jurisdiction.
My wife, DOROTHY O. RUSSELL, shall not participate in any discretionary
decision relating to her right in or to income or principal or the division of
tangible personal property, or in any determination of her capacity, in which
cases the decision of corporate Trustee shall alone control.
SEVENTH: My corporate fiduciary shall be entitled to compensation for
its services hereunder in accordance with its Standard Schedule of Charges
currently in effect at the time its services are called upon, and from time to
time during the period over which such services are performed. My individual
Executor, other than my wife, shall receive compensation equal to one-third of
the corporate fiduciary compensation.
EIGHTH: In addition to the powers above provided for, and those given
by law, my Executors and Trustees, without any order of court and in its sole
discretion, may:
A.
Retain any property and invest and reinvest in any property including
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by way of illustration and not of limitation, common stocks up to
one hundred percent of my estate or any following trusts, any common
or diversified trust funds maintained by or stock of the PEOPLES
NATIONAL BANK OF SHIPPENSBURG.
B. Keep reasonable amounts of cash in bank uninvested.
C. Purchase investments at premiums and charge premiums to income or
principal or partly to each.
D. Subscribe for stocks, bonds or other investments; exercise any stock
option or similar right; join in any plan of lease, mortgage, merger,
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consolidation, reorganization, foreclosure or voting trust and
deposit securities thereunder; and generally exercise all the rights
of security holders of any corporation.
E. Register securities in the name of a nominee in such manner that
title shall pass by delivery.
F. Vote, in person or by proxy, securities held by it and in such con-
nection to delegate its discretionary powers.
G. Repair, alter, improve or lease, for any period of time, any prop-
erty and give options for leases.
H. Sell at public or private sale, for cash or credit, with or without
security, and exchange or partition property and give options for
sales or exchanges.
I. Borrow money from any person, including any Executor or Trustee and
mortgage or pledge any property.
J. Compromise claims inclUding any questions relating to any policy of
life insurance. However, my fiduciary need not institute litigation
to collect any policy unless it is reasonably indemnified for costs,
counsel fees and other expenses of such litigation.
K. Use expenses and losses as deductions for federal income tax or estate
tax purposes, or partly for each, as it shall deem advisable, without
adjustments between income and principal in consequence of such discretion.
L. Make distribution in cash or in kind or partly in each.
M. Exercise all power, authority and discretion given by this Will after ter-
of
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mination of any trust created herein until the same is fully distributed.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this ,2, tf !!.;day
~d5-~~
Hilton A. Russell
1974.
(SEAL)
SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named HILTON A. RUSSELL as and
for his Last Will and Testament in the presence of us, who, at his request, in his
presence and in the presence of each other have hereunto subscribed our names as
witnesses.
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OATH OF SUBSCRIBING WITNESS
COMMONWEALTH OF PENNSYLVANIA } ss:
COUNTY OF CUMBERLAND
This ..........................?4t~.......................................... day of ...........n..............;J:~Jy...................n............ A. D.. 19.7JJ....
before me .Ri.c.b.~u;:g...~......~.m~.~*.!!iQD..................................................................... Register for the Probate of Wills
and granting letters of Administration in and for said County of Cumberland. in the Commonwealth of Pennsylvania.
personally came ......~.~....t!..~...g,;-.C?~~.~...~~.~...~.C?~.~...~.~... ~~~~.~P:......n................ ............m.............................. "'."''''''
........-...-.........-.-...........-.......--..-..........................--.---........-----..-...------...----......................----------..----------------........................----.------.
the subscribing witnesses to the foregoing instmment of writing purporting to be the last Will and Testament of
....~:J,.J:tQn..!.\......R~.l?~.~l!.............. ..................................... .................................. Dated ...l1ay....2:4.,....1.9.1.4..............
late of Shj..P.P.~P.~.~Y:;g:...~QW!:H~.h:t.l?f................................m................................ Cumberland County. Pa.. deceased
who being duly ......~~C?;.~............n.............m.. according to law. depose and say. that ...tb.~y....wer.e........................
present. and saw and heard the testa..to.'t:............................ .....Hilton..A&...Rus.sell........m.........m......................
sign. seal. publish. pronounce and declare the said instmment of writing as and for h.is............ Testament and
Last Will. and at the time of so doing .......................b.~........m.........m..m...n..... was .of sound and disposing mind.
memory and understanding. to the best of ...........:!;,h.~:i;...................................... knowledge. observation and belief.
....~.~~;.~.................................. - "\ ~~~ore
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.............V............. ... .. ... ..............r:.~~.... Register. .,
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---......---..--......--.................--..--..----...----....--..............-.............
AFFIDAVIT OF DEATH
COMMONWEALTH OF PENNSYL VANIA I
COUNTY OF CUMBERLAND 1 ss:
~~.Q~~.~...............!:.!':.~~.~p.__g..~__.!:1:~.:.?::...........................__.......... being duly
.....~~9.;P:................__.............. says that as nearly as can be ascertained the said decedent ...........__...__....m...................
Hilton A. Russell
died on
.......................-....................-......--...................................-.....-..-.................-.......--.........-...................-.--.-.....---............-.-..
.....~?~.~~r.......__...__.. the .........J9.tb.............__.... day of ......I1.uly........................................__..__........ A. D.. 19.7.EL.
at or about ..J~}.?..............__m............... o'clock. ~: M.
..~.~?~.~...............................--.......... and subscribed this
.....__...............~!-J::t?E:...................... d
19.__]J~..
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENN5YLVANIA~
55:
COUNlY OF CUMBERLAND
Before me, the Register for the Probate of Wills and granting of Letters of Administration in and for the
County of Cumberland, personally came ....Jlax:Q.ld..J.J......--Cx:o.uae--.and..PhiJ.ip---C.....Herr----.--.....................--
who, being duly ..~w.Q.t:P.,___..______.___, do ....__._..__ depose and say that as ..___.~~~.QJ,;IJ;.9.*.~....m......____.__....m....__.....__...h
of the last Will and Testament of ..........~J.:t!~.<?~__~......~);!!?~~J.L......m......m.......__.....__..................--........ deceased
....~~.~~m..__..___...m.......... will well and troly administer the goods and chattels, rights and credits of said deceased
according to law. And also will diligently comply with the provisions of the law relating to Transfer Inheritances.
....S~Qrn..--...---m.. and subscribed
before me.
D., 19.1.8...
Register
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Be it remembered that on the ___...__.J:I:.~:t....... day of ..............__m.!::-~}"____h.............m...__.' A. D., 19..7.~.., there
. Hilton A. Russell
was probated and recorded the last Will and Testament of ____.m..........m_____.__m__..............__...m..__h..__.............__...__..__..,
late of __...........;?h~p.P..~~?J?~.:r.g.m..____.__..................__..m..____u_' Cumberland County, Pennsylvania, Deceased. Letters
...m..umm~~~!~"'~~!~!Lu. were gnnted to~RIi~~~~~~~e~;~!:~~~.~f\~gMp~.ni' bw
Witness my hand and official seal the day and year aforesaid. : \,
......m......\.....................mh....__~...............~.
Register.
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