LAST WILL AND TESTAMENT
of
James McKay
| Will Book 1 Page 72 The Last Will and Testament of James McKay I James McKay of the nineteenth ward of the City of Pittsburgh in the County of Allegheny and State of Pennsylvania being of sound mind memory and understanding do make publish and declare the following as and for my last will and testament hereby revoking and making void and all wills by me at any time heretofore made. ARTICLE I. I will and direct that as soon as practicable after my death my entire estate with the exception of the personal property given and bequeathed to my wife Anna Eliza McKay by article III hereof shall be duly and thoroughly inventoried and appraised by two appraisers to be approved by my executor hereinafter named, as creditors will probably not need the information and to others interested my executors shall furnish copies thereof on request, it is my wish that said inventory and appraisement shall not be filed with the register of wills unless the filing thereof shall become legally necessary. ARTICLE II. I will and direct that immediately after the probate of my will and the granting of letters testamentary thereon my executors shall pay to my wife Anna Eliza McKay the sum of Five Thousand $5,000 dollars in cash. This payment is to be in addition to and entirely separate from any other provisions hereinafter made for her. ARTICLE III. I give and bequeath to my wife Anna Eliza McKay absolutely all my furniture, books plates pictures weaving (?app--?), jewelry horses carriages harness supplies and personal effects, and in general all personal property that may be in or about my residence that is to say my dwelling, stable outbuildings or grounds. This property shall not be inventoried or appraised. ARTICLE IV. I give and devise to my wife Anna Eliza McKay for and during the time of her natural life the real estate dwelling stable and land appurtenant thereto upon which I now reside situated in the twentieth ward of the said city of Pittsburgh located at the corner of Amberson Avenue and the Pennsylvania Railroad and comprising all the real estate owned by me in the block bounded by Center Avenue Morewood Avenue Bayard Street Amberson Avenue and the Pennsylvania Railroad. I hereby authorize and empower my said wife at any time to sell and convey the whole of said real estate or any part thereof in Fee simple at either Public or private sale and at such price and upon such time as to her shall (?seem?) (?---?) without any liability on the part of the purchaser to see to the application of the purchase money. It is my will however that my said wife shall not exercise this power except with the consent of the trustees of the residuary estate hereafter named or a majority of them. Out of the proceeds of such sale or sales of (?---?), I give and bequeath to my (?---?) the sum of one hundred thousand ($100,000) Will Book 1 Page 73 to be invested by her in the purchase of another house for herself or otherwise as she may deem best she to have the right to use and dispose of the same free from any control by the trustees named herein and the title to real estate purchased by her therewith to (?her?) fee simple in herself. Any proceeds of such sale or sales if made over and above said amount of one hundred thousand ($100,000) dollars shall be delivered by my said wife to the trustees of my residuary estate hereinafter named and shall be invested by said trustees and the income thereof paid to my said wife during her lifetime, and upon her decease the principal of said fund shall fall into and become a part of my residuary estate hereinafter bequeated and divided to said trustees. ARTICLE V. In the event of my not having in my lifetime improved my (?---?) lot in Homewood County, in the city of Pittsburgh or not having such improvements completed, I give and bequeath to my executors hereinafter named the sum of fifteen thousand ($15,000) dollars to be expended for the purpose of my said executors in such manner as my wife Anna Eliza McKay shall direct my said wife to have full charge of such improvements. Should said improvements not have been made or completed prior to the death of my said wife then my said executors shall have full charge of the making or completion of said improvements and shall expend said amount or the unexpended portion thereof or so much thereof as my be necessary in doing said work. In case the whole sum of fifteen thousand ($15,000) dollars should not be expended in the payment of the improvements of (?---?) I direct my said executors to pay to the trustees of my residuary estate hereinafter named any balance that may remain unexpended so that the same shall fall into and become part of the said residuary estate hereinafter bequeathed and devised to them. ARTICLE VI. I give and bequeath to my sister Matilda Hamilton if she be alive at the time of my death the sum of two thousand ($2,000) dollars. Should she not be alive, I will and direct that said amount shall be divided among her children share and share alike. I give and bequeath to my sister Elizabeth if she be alive at the time of my death the sum of two thousand $2,000) dollars. Should she not be alive, I will and direct that said amount be divided among her children share and share alike. I direct my executors to pay the collateral inheritance tax on these legacies, so that they shall not be reduced (?---?) by reason thereof. Should there be no person or persons to take either of said legacies the same shall thereupon become a part of my residuary estate and shall be paid to the trustees thereof and be disposed of in the manner (?---?) Will Book 1 Page 74 ARTICLE VII. I give and bequeath the sum of Five hundred ($500.) dollars to John Hasley who now resides on Liberty Avenue Pittsburgh in appreciation of faithful services rendered by him, this amount to be paid to him free from the payment of any collateral inheritance tax thereon such tax to be paid by my executors. ARTICLE VIII. I give and bequeath the sum of ten thousand ($10,000.) dollars to be paid in cash to my daughter Eliza Watson O'Neill, this bequest is in addition to and entirely separate from any other provision made for her herein. ARTICLE IX. I give and bequeath the sum of one hundred and twenty thousand ($120,000.) dollars to my wife Anna Eliza McKay, my son Robert J. McKay and my son J. Albert McKay, to their survivors or survivor their successors or successor and their heirs and assigns in trust never the less for the following uses and purposes that is to say: Thirty Thousand ($30,000) dollars in trust thereof for my daughter Annie Eliza Watson Craig, Thirty Thousand ($30,000) dollars thereof in trust for my daughter Carrie Isabelle Irving, Thirty Thousand ($30,000) dollars thereof in trust for my daughter Alice Blance McKay, and Thirty Thousand ($30,000) dollars thereof in trust for my daughter Edna Margarette McKay. Said sums respectively to be invested in good securities and the net income thereof paid to my said daughters respectively quarterly during their natural lives. It is my desire that said sums of money should be used primarily as a fund to purchase and procure a home dwelling for each of my said daughters, and I direct said trustees at any time that either of my said daughters should desire such a home purchased for her to invest the whole or so much as may be necessary of the respective sums so held in trust for each of my said daughters in the purchase of such home as she may designate taking the title thereof in the name of said trustees and I authorize and empower said trustees at any time on the request of any of my said daughters to sell the house which may have been so purchased and in the same manner, at the request of such daughter, purchase another home in (?lieu?) thereof taking the title in the same manner and with the same power of sale and my said respective daughters shall each possess, occupy or enjoy respectively the houses so purchased for them for and during the times of each of their natural lives. Upon the death of each of my said daughters the said trust shall terminate as to the property so held for them and the said real estate so owned in trust for them at the time or any money held for them hereunder shall immediately vest in and be carried to or delivered over to their lawful issue whom may be living at the time their death and in default Will Book 1 Page 75 of such lawful issue, their next of kin. It is further my will as to this trust that if I present a home or dwelling to any of my said daughters during my life time then and in such event the amount given and bequeathed to the trustees herein shall be decreased by the amount given in trust for such daughter and any daughter so provided with a home or dwelling by me during my life time as aforesaid and such daughter or daughters having been provided for shall not receive any event under or by reason of the provisions of this article, and I direct that the sum or sums which would have other wise have been paid to said trustees these under shall be paid to the trustees of my residuary estate and shall fall into and become part of the residuary estate for disposal in the manner provided concerning said residuary estate. ARTICLE X. I give and bequeath the sum of Five thousand ($5,000) dollars unto my wife Anna Elisa McKay, my son Robert I. McKay, and my son J. Albert McKay their survivor or survivors and their successors and successor in trust never the less for my grandson James McKay Erving, the said sum together with the net income arising therefore to be invested and reinvested in good securities until my said grandson shall have reached the age of twenty one (21) years at which time the whole of said principal sum together with the accumulated net income arising therefrom shall be paid over to my said grandson free and discharged from any trust whatsoever. If however in the judgment of my then trustees for any reason the fund so accumulated should not be immediately paid over to my said grandson at the time specified, the said trustees shall have power in their discretion to continue said trust in the same manner until my said grandson shall have reached the age of twenty five (25) years at which time the said fund shall be paid over to my said grandson free from the trust. My said trustees shall have the power also in their discretion after my said grandson has reached the age of twenty one (21) years to pay over to my said grandson such sums from time to time out of income thereafter accruing as they may deem necessary and proper. Should my said grandson not live to the age of twenty one (21) years I direct that the said principal sum and accumulated interest thereon shall at his death be paid over to the trustee of my residuary estate and shall fall into and become part of the residuary estate for disposal in the manner provided concerning said residuary estate. ARTICLE XI. I give and bequeath the sum of Forty thousand ($40,000) dollars to my wife Anna Eliza McKay, my son Robert J. McKay Will Book 1 Page 76 and my son J. Albert McKay their survivors or survivor and successors or successor in trust never the less for the uses purposes following: Section 1. Said trustees shall hold invest and reinvest the said amount or so any balance remaining after payment (?---?) as provided for in Sect. 3 of this article in good securities. Section 2. During the continuance of the trust hereby created said trustees shall pay over the net income arising from the principal of said fund quarterly to the same persons and in the same proportions as provided for the payment of the net income of the residuary estate by the terms and conditions of article XII of this will. Section 3. Immediately upon the marriage of any of my granddaughters now living I direct my said trustees to pay out of the principal of said fund to each of said granddaughters the sum of five thousand ($5,000) dollars in cash provided however that the marriage so contracted shall be a suitable one in the judgment of said trustees. Section 4. Immediate after the purposes for which this trust is created shall have been accomplished any and all monies remaining in said fund shall be paid over to the trustees of my residuary estate, and shall fall into and become part of said residuary estate for disposal in the manner provided concerning said residuary estate. ARTICLE XII. I give devise and bequeath all the rest and residue of my estate, real personal and mixed and wheresoever the same may be situated at the time of my death unto my wife Anna Eliza McKay, my son Robert J. McKay and my son J. Albert McKay whom I also appoint as my executors their survivors or survivor their successors or successor and their heirs and assigns in trust never the less for the uses and purposes following that is to say: In trust to hold manage sell invest and reinvest the same as an undivided property for and during the natural lives of all my children and grandchildren, if any who shall be living at the date of my death and all the survivors or survivor of all said children and grandchildren and for and during the (?---?) period of Twenty one years next ensuing after the death of the survivor of said children and grand children. Section 1. During the continuance of said trust said trustees shall pay the net income arising therefrom quarterly to my wife and my children and grandchildren or other (?---?) descendants for and during their respective natural lives in the following manner: The said income shall be divided into so many equal shares as there shall be children of mine surviving me counting as one such in fixing the number of shares the lawful issue of any deceased child of mine plus three (3) shares for my wife (for example my present living children being eight if they should be living at my death and my wife (?---?) survives me (?-------?) and three (3) of Will Book 1 Page 77 (?---?) equal shares shall be paid to my wife during her natural life and one (1) of said equal shares shall be paid to each of my children who shall survive me for and during his or her natural life and from and after his or her death to his or her lawful issue then living if any for and during their respective natural lives to be equally divided among them if more than one in number and in equal degree and by representation of parents if an unequal degree and from and after their death respectively to this respective lawful issue there being of any for and during their respective natural lives, the parents share to be equally divided among them if more than one in number and in equal degree and by representation of parents, if of unequal degree and so on, to my lineal descendants in succession for and during their natural lives respectively during the continuance of the trust. If any child of mine shall have died before me leaving issue living at my death, the share which such deceased child of mine would have been entitled to receive if living at the date of my death shall be paid to such issue for and during their respective natural lives the same to be equally divided among them if more than one in number and in equal degree and by representation of parents if in unequal degree and from and after their death respectively to their respective lawful issue if any for and during their natural lives respectively, the parents share to be equally divided among them if more than one in number and in equal degree and by representation of parents of unequal degree and son on to my lineal descendants in succession for and during their natural lives respectively during the continuance of this trust. If any child of mine who shall be living at the date of my death shall afterwards die leaving no lawful issue living at his or her death the equal share which such child was entitled to receive during his or her life shall thereafter be proportionately divided among and be added to the respective amounts payable under the terms hereof to my then surviving children, grandchildren and other lineal descendants in like manner as if the original number of shares had been one less than it actually was. If any grandchild or grandchildren or any other or more (?---?) descendants of mine shall die leaving no lawful issue living at his or her death, the share which he or she was so entitled to receive during his or her life shall be proportionately divided among and added to the respective amounts payable under the terms hereof to the other beneficiaries who are herein designated as such by reason of descent from his or her deceased parents or should there be no such others then to those who are heir designated as legitimate by reason of descent from his or her deceased grandparent (?-------------?) Will Book 1 Page 78 In case my wife should have died prior to my decease or if living at the date of my death, shall afterwards die the three shares which my wife was entitled to receive during her life shall thereafter be proportionately divided among and added to the respective amounts payable under the terms hereof to my then surviving children, grandchildren, or other lineal descendants in like manner as if the original number of shares had been three less than it actually was. Any sums payable hereunder to my daughters or granddaughters shall be for their own use and benefit and with respect to those who are of age their separate receipts to said (??) shall be a full acquittance for payment. The trustees are further authorized and directed to take such measures as to them shall seem fit and necessary to assure to my daughters and granddaughters the (?---?) possession and sole right to the use of quarterly distribution of payments. It is further my will that no sums payable by said trustees under the provisions of this trust or of the other trusts created by this will shall be pledged assigned transferred sold or in any manner whatsoever anticipated charged or encumbered by the beneficiaries or any of them (?---?) be in any manner liable in the hands of said trustees for the debts contracted or engagements of the beneficiaries or of any of them. Section 2. At the end of the period hereinafter defined for the continuance of the trust or at the expiration or the full (?---?) or period of Twenty five (25) years from and after my decease if said period of Twenty five (25) years shall have lapsed prior to the period hereinafter defined (it being my will that the trust shall terminate at a period not later than Twenty Five years after my decease). I direct all the (?---?) or principal of said estate then remaining in the hands of my said trustees to be paid over, conveyed or assigned by said trustees at the time for the next ensuing quarterly payment of distribution or as soon thereafter as practicable, to the beneficiaries then entitled to receive payments of the funds arising from such trust, and in the same respective proportions and subject to the provisions hereinafter made respecting the ordinary quarterly payments. Section 3. I authorize and empower the said trustees during the continuance of said trust to sell, convey, assign and dispose of the whole or any part or portion of said trust property real, personal or mixed at either public or private sale, and upon such terms and for such price as to them shall seem (?---?), to mortgage the same and make all necessary deeds, mortgages, conveyances, leases, assignments or transfer thereof and to invest reinvest the proceeds of any and all such sales or any cash that may be received or held by them from time to time in such real or personal property or real or personal securities or the improvements Will Book 1 Page 79 betterment of real estate held by them in such manner as to them shall seem best and from time to time in like manner and with like power to sell and dispose of any property or securities in which said estate or any part thereof may be from time to time invested, and reinvested the proceeds as above provided and without any liability on the part of the purchaser or purchasers to see to the application of the purchase money or any part thereof and in like manner at the end of the period herein before defined for the continuance of the trust to sell and convert the whole or any part of said property for the purpose of distribution among the beneficiaries who may be then entitled thereto. While I have authorized and empowered my trustees to sell and convert and invest and reinvest the (?---?) of this trust estate in such manner as they deem best without any liability or duty upon the part of any purchaser or purchasers to look to the application of the purchase money. It is my will that as between the trustees and the beneficiaries said trustees shall not make any single sale of any property or any single investment of money coming into their hands which shall exceed in amount or value the sum of Fifty thousand ($50,000) dollars without first obtaining the consent in writing of one half of the whole number of then existing shares for example during the period when the income is divided into eleven shares each of said shares shall have one (?name?) or vote and six of said shares must write in the request to said trustees. In case any one of said shares at any time should be vested in more than one person a majority of those invested in the share may sign the request and any lawfully constituted guardian trustee or (?committee?) may sign the request on behalf of his ward or (?---?) trust. Section 4. In all matters respecting the management of the trust a majority of the trustees or their duly constituted successors shall have full power to act and they shall have power to constitute and appoint from time to time an attorney or attorneys under them to execute deeds assignments or (?---?) to vote at corporate meeting to execute release receipts and requittances to sign checks, drafts or negotiable (?---?) and generally to perform any and all ministrative acts. Section 5. It is my will that the number of trustees be always kept at three (3) and in case of death, resignation, removal or declination of any of the three whom I have named, then the others if two or the other, if only one accepting or remaining shall by writing duly executed acknowledged and recorded in the Registers and Recording Office of Allegheny County and elsewhere if necessary appoint a trustee or trustees to fill the vacancy or vacancies and in like manner during the continuance of the said trust by Will Book 1 Page 80 vacancy or vacancies assuming shall be filled by the trustee or trustees surviving or remaining and any trustee or trustees so appointed shall be vested with all the powers and shall perform all the duties pertaining to said trust as if herein specifically appointed by name. While I have directed that the number be kept at three I do not mean to invalidate the act or acts of a less number which it may be necessary to do and perform before vacancies can be conveniently or properly filled. In case at any time there should be a vacancy in the trusteeship and the two surviving trustees can not agree upon the appointment to fill the vacancy or in case they or any such surviving trustee should not within a reasonable time fill the vacancy or vacancies by appointment or in case through any contingency there should be no trustee, I direct that a trustee or trustees shall be appointed to fill the vacancy or vacancies by the Court of Allegheny County then having jurisdiction of testamentary lands. It is my will that neither the trustees named by me nor those appointed to fill any vacancy or vacancies shall be required to give bonds for the faithful performance of their duties. Section 6. I direct that my trustees shall receive as compensation for their services and reimbursements for the ordinary expense of executing the several trusts the sum of Five percent (5%) of all income received from the trust estates from time to time. This sum is to cover all the expenses of managements of trustees except counsel fees, commissions to brokers or sale or any extraordinary expenditures that may be necessary. ARTICLE XIII. In the event of my making sale in my lifetime of my house in the Twentieth ward of the city of Pittsburgh mentioned and described in Article IV of this will I then give and bequeath to my wife Anna Eliza McKay absolutely an amount equal to the sum realized by me from the sale thereof. ARTICLE XIV. Should homes be purchased for my daughters or any of them under the provisions of Article IX of this will I direct that all taxes, insurance, and repairs on said properties so purchased shall be paid by my respective daughters for whom said purchases may be made while the same is (?held?) for them. In testimony whereof I James McKay the testator above named have hereunto set my hand and seal this eleventh day of November A.D. 1906. James McKay (seal) signed sealed published and declared by James McKay the above named testator 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 subscribed our names as witnesses. J.M. Shields A.B. Angney Will Book 1 Page 81 State of Pennsylvania Allegheny County Be it known that on the 3rd day of May A.D. 1906 before me Robert E. Stone register of will in and for the county aforesaid came J.M. Shields and A.B. Angney the subscribing witnesses to the forgoing instrument of writing purporting to be the last will and testament of James McKay deceased and on their solemn oath did depose and say that they were present and did see and hear James McKay the testator there named sign seal publish and declare the same as for his last will and testament and at the time of so doing he was of sound mind and memory to the best of their knowledge and belief and at his request and in his presence they subscribed their names as witnesses thereto. Sworn and subscribed before me J.M. Shields the above date. A.B. Angney R.E. Stone Register Now May 3rd A.D. 1906 the testimony of the above named witnesses being sufficient I do hereby admit the forgoing will to Probate and order the same to be recorded as such. Given under my hand the above date. Robert E. Stone Register Oath of Executor Allegheny County We Anna Eliza McKay, Robert J. McKay, and J. Albert McKay do swear that as we verily believe the above named James McKay died on the 29th day of April A.D. 1906 at about 7 A.M. and do further swear as executors of the last will and testament of said decedent we will will and truly administer the goods and chattels rights and credits of said deceased according to law and also will diligently and faithfully regard and will and truly comply with the provisions of the law relating to collateral inheritances. Sworn and subscribed before me the 3rd day Anna Eliza McKay of May A.D. 1906 and letters testamentary Robt. J. McKay granted unto J. Albert McKay Anna Eliza McKay, Robert J. McKay and J. Albert McKay R.E. Stone Register Will Book 1 Page 82 State of Pennsylvania Allegheny County I John F. Louvers Deputy register of wills in and for said county do hereby certify the forgoing to be true and correct copy of the affidavit of death and of the oath of office of executors of the estate of James McKay deceased so full and entire as the same remain of record in my office and that letters testamentary on said estate were granted unto Anna Eliza McKay, Robert J. McKay and J. Albert McKay on the 3rd day of May A.D. 1906. Given under my hand and seal of office at Pittsburgh this 7th day of February A.D. 1910. John F. Louvers Deputy Register Commonwealth of Pennsylvania Allegheny County I John F. Louvers Deputy Register for the Probate of wills granting letters of administration its in and for the county aforesaid do hereby certify that the forgoing pages contain a true copy of the record and proceedings viz. copy of will, probate death record, Decree of Register admitting will to probate and grants of letters testamentary to Anna Eliza McKay, Robert J. McKay, and J. Albert McKay in the estate of James McKay deceased so full and entire as the same remains of record in my office. In testimony whereof I have hereunto set my hand and affixed the seal of said office at Pittsburgh, this 8th day of February 1910. John F. Louvers Deputy Register Commonwealth of Pennsylvania Allegheny County I, W.G. Hawkins Jr. President Judge of the Orphans Court in and for the county aforesaid do hereby certify that John F. Louvers whose certificate is above written is the deputy register capable in law to take the probate of wills and testaments and to grant letters of administration and to do whatever else by law appertains to the office of register in and for said county duly appointed to officiate in the absence of Fred W. Edwards the register duly commissioned and sworn the said Fred W. Edwards being temporarily absent and to all whose official acts full faith and credit are due and that the certificate of the said deputy is in due form of law and that the seal affixed to the said certificate is the seal of the said deputy register. Witness my hand and seal at Pittsburgh this 8th day of Feby A.D. 1910. W.G. Hawkins (seal) President Judge Will Book 1 Page 83 Commonwealth of Pennsylvania Allegheny County I John F. Louvers Deputy Register of wills and ex office clerk of the orphans court in and for said county do certify that Hon. W.G. Hawkins Jr. by whom this forgoing certificate was given and whose name is thereto subscribed in his own proper handwriting was at the date thereof President Judge said Court duly commissioned sworn and acting. In witness whereof I have hereto set my hand and affixed the seal of said court at Pittsburgh this 8th day of Feby 1910 John F. Louvers Deputy Register and ex office clerk of orphans court Knott County Court In the matter of the last will and testament of James McKay Deceased The will of James McKay having been proven according to the laws of the State of Pennsylvania and admitted to Probate by the Register of wills in the county of Allegheny in the State of Pennsylvania and recorded therein and an authenticated copy of said will and the certificate of probate thereof certified and required by law is now offered for probate as a will of real estate in the State of Kentucky, and it appearing from such copy and authentication that the will was proven in the court of the Register of wills in the County of Allegheny in the State of Pennsylvania to have been so (?---?) as to be a valid will of lands in the Commonwealth of Kentucky by the laws thereof. I do hereby admit the forgoing copy of the last will and testament of James McKay to Probate as a will of real estate in the State of Kentucky and now order the same to be recorded as such. Given under my hand this 19th day of Dec. 1910. Irving Napier Judge of Knott County State of Kentucky Knott County I R.H. Amburgey Clerk of the County Court for the County and State aforesaid do certify that the forgoing last will and testament of James McKay order of probate by the register of wills in and for Allegheny County, State of Pennsylvania, death record for probate in Pennsylvania, grant of letters testamentary to Anna Eliza McKay, Robert J. McKay and J. Albert McKay, the (?------?) of the (?---?) of Allegheny County attached to the copy of the above (?mentioned will?) (?---?) and the order of Probate by the Knott County Court was this day lodged in my office for record whereupon all of the same together with this have been duly recorded in my said office. Given under my hand this the 19th day of Dec. 1910. R. H. Amburgey Clerk KCC Transcribed by Debbie Tamborski September 6, 2006 |