WILL: William T. MARRIOTT, 1892, 1893, Altoona, Blair County, PA
Contributed for use in the USGenWeb Archives by Judy Banja jbanja@msn.com
USGENWEB ARCHIVES (tm) NOTICE
All documents placed in the USGenWeb Archives remain the property of the
contributors, who retain publication rights in accordance with US Copyright
Laws and Regulations. In keeping with our policy of providing free information
on the Internet, these documents may be used by anyone for their personal
research. They may be used by non-commercial entities so long as all notices
and submitter information are included. These electronic pages may NOT be
reproduced in any format for profit. Any other use, including copying files to
other sites, requires permission from the contributors PRIOR to uploading to
the other sites. The submitter has given permission to the USGenWeb Archives to
store the file permanently for free access.
http://www.usgwarchives.net/pa/blair/
___________________________________________________________
Will of William T. Marriott late of Altoona, Deceased.
I, William T. Marriott, of The City of Altoona in the Co., of Blair, State of
Pennsylvania, being in ill health but of sound and disposing mind, memory and
understanding, and being desirous of directing the disposition of my whole
estate of which I shall die seised or possessed, do make, publish and declare
the following as and for my last Will and Testament, hereby revoking and
declaring void any other Will or Testamentary paper made by me at anytime
heretofore.
First. I direct that my Executor hereinafter named, upon my death, shall
cause my body to be decently buried in my lot in the Altoona Fairview Cemetery
near to the grave of my beloved wife, and shall cause my funeral to be conducted
in manner corresponding with my estate and my station in life.
Second. I direct that all of my just debts, if I should leave any, shall
be paid at once, when the same shall have been established by proper legal
proofs.
Third. I give and bequeath unto my beloved Brother, Alexander Marriott,
of Cambridge, Cambridgeshire, England, the interest at the rate of six per
centum, upon the sum of Fifteen thousand dollars, to wit, nine hundred dollars,
annually, until the time of the sale of that portion of my property known as the
Altoona City Eleventh Avenue Opera House property, consisting of Lots Number 9
and 10 in Block B in the general plan of The City of Altoona, which amount,
during the time aforesaid, I direct my said Executor to pay in four quarterly
instalments of two hundred and twenty-five dollars each with in the first ten
days of the months of January, April, July and October respectively; and when
the sale of said Opera House property has been made, I give and bequeath out of
the proceeds of such sale, unto my said beloved brother Alexander Marriott, the
principal sum of fifteen Thousand dollars provided he shall be living at that
time, and in the event of his death prior to such sale, I give and bequeath the
said principal sum of fifteen Thousand dollars to his children, to wit, Harriet,
Alexander, George and William Thomas, in equal shares of thirty seven hundred
and fifty dollars each, to them and their heirs respectively.
Fourth. I further give and bequeath unto my said beloved brother,
Alexander Marriott, the sum of twenty five dollars per month commencing on the
first day of the month next succeeding my demise, and payable to him in regular
quarterly instalments, out of any available and convenient portion of my estate,
and continuing to the time of the sale of my Opera House property aforesaid, at
which time the bequest in this paragraph made and the payments thereunder
provided for shall absolutely cease and determine, and in the vent of the death
of my said brother prior to such sale, the payments herein provided for shall be
made to his children, to wit, Harriett, Alexander, George and William Thomas, in
equal portions.
Fifth. unto Mrs. Flora Webb, the sister of my deceased wife, who has been
kind and attentive and dutiful in the affairs of my house hold since the death
of my beloved wife, and who has faithfully ministered to my personal wants and
been solicitous for needful comforts in my infirmities, and in consideration
thereof, I do give and bequeath all of my household furniture and household
belongings whether necessary, convenient or ornamental contained in my brick
residence on Ninth Street, in the City of Altoona, Co., of Blair, State of
Pennsylvania, to her and her heirs absolutely. I further direct that the said
Mrs. Flora Webb shall be allowed to reside in and occupy the aforesaid brick
residence on Ninth Street for her own purposes free from any liability for rent
or for use and occupation or for repairs, until such time as the same shall be
sold and cease to be a part of my estate, and upon such sale being made, and
notice of the same served on her, she shall within three months vacate and
surrender said brick residence and premises. I further direct that the sum of
Forty Dollars ($40.00) shall be paid to said Mrs. Flora Webb each month after my
decease commencing on the first day of the next month succeeding my death and
continuing during her present widowhood, and until she shall enter into the
Marriage State, at which time said allowance shall absolutely cease and
determine; that said allowance shall be paid to her by my Executor out of the
issues and profits of my estate most available and convenient that my Executor
shall, upon the sale of any of my real estate, constantly keep invested, upon
sufficient and undoubted securities, a sufficient sum of money certainly to
render unto the said Mrs. Flora Webb the allowance in paragraph granted and
provided for.
Sixth. Unto Elmer Webb, the son of Mrs. Flora Webb, I give and bequeath
my gold watch and chain, to be kept by my Executor, and by him to be delivered
to said Elmer Webb, when he arrives at the age of Twenty one years, and in the
event that said Elmer Webb should die before he becomes of such age, then I
direct my Executor to sell the same to the best advantage and turn the proceeds
into my residuary estate.
Seventh. Unto my esteemed friend Nicholas P. Mervine, I give and
bequeath my diamond breast pin.
Eighth. Unto my esteemed friend, James H. Kilgore, I give and bequeath my
silver headed English Black Oak cane and my heavy plain gold finger ring.
Ninth. Unto the Altoona Fairview Cemetery Association, I give and
bequeath the sum of One Thousand dollars in trust that the same shall be
properly and securely invested, and the interest and proceeds of the same shall
be applied perpetually to the presentation and maintenance in the best condition
of my lots Nos. 126 and 127 in Section A in the Altoona Fairview Cemetery, and
also of lot No. 128 in Section A, the title to which is in Joseph D. Parsons,
and lot No. 129 in Section A, to title to which is in James H. Kilgore, as long
as the said two last mentioned lots remain in the same enclosure with my lots
aforesaid as I have myself enclosed them.
Tenth. I give and bequeath unto the Altoona Hospital of the City of
Altoona, Pennsylvania, the sum of Two Thousand dollars in trust to be by said
institution properly and securely invested, and the interest and proceeds of
which to be applied to the care and medical and surgical treatment of the
indigent sick and injured at said Hospital, who have been born in The United
States of America or in England, and I direct that said fund shall be a
permanent and perpetual investment for the purposes aforesaid, and shall be
known as "The William T. Marriott" Fund.
Eleventh. I give and bequeath unto The City of Altoona the sum of One
Thousand dollars in trust for the use and benefit of its Fire Department, to be
paid out and distributed by said city in equal parts to the following fire
companies, to wit,
The Good Will Engine and Hose Company No. 1; The Empire Hook and Ladder
Company No. 1; The Vigilant Steam Fire Engine Company No. 2, of Altoona; The
Excelsior Hose Company No. 3; The Logan Hose Company, No. 4; The Friendship
Hose, No. 6; The Hope Steam Fire Engine Company, No. 8, of the 8th Ward; and
Altoona Fire Patrol Company No. 1.
Twelfth. Unto the Mayor of the City of Altoona, Pennsylvania, I give and
bequeath the sum of One Thousand dollars in Trust that he shall properly and
securely invest the same, and thereby establish a permanent and perpetual fund,
to be known as the William T. Marriott Poor Fund, and that he shall annually in
the Winter season disburse the interest and profits of the same by buying bread
and other necessaries and distributing them so as to meet the actual wants of
the deserving poor of the City of Altoona.
Thirteenth. I give and bequeath unto St. Luke's Protestant Episcopal
Church of Altoona, Penna., the sum of Two Thousand dollars out of the proceeds
of the sale of the real estate on Ninth Street between Ninth Avenue and Eighth
Alley.
Fourteenth. I give and bequeath unto Caroline Seawill, wife of Edwin
Seawill, of Cambridge, Cambridgeshire, England, in recognition and appreciation
of many kindnesses rendered to me, the sum of Five Thousand dollars, to be paid
to her by my Executor as soon as possible after the death of Mrs. Flora Webb.
Fifteenth. I give and bequeath unto my esteemed friend James H. Kilgore
the sum of Twenty Five Hundred dollars, to be paid to him as soon as possible
after the death of Mrs. Flora Webb.
Sixteenth. I give and bequeath unto my esteemed friend Nicholas P.
Mervine, and his heirs the sum of Twenty Five Hundred dollars, to be paid to
him or them as soon as possible after the death of Mrs. Flora Webb.
Seventeenth, I give and bequeath unto Elmer Webb the son of Mrs. Flora
Webb, the sum of Two Thousand dollars, if he arrives at the age of twenty one
years, to be paid to him at that time out of the proceeds of the sale of the
real estate on Ninth Street between Ninth Avenue and Eighth Alley in The City of
Altoona, Pennsylvania.
Eighteenth. Out of the proceeds of the sale of the real estate on Ninth
Street between Ninth Avenue and Eighth Alley, in the City of Altoona,
Pennsylvania, I give and bequeath unto the "Altoona Fairview Cemetery
Association" of the City of Altoona, Pennsylvania, the sum of Eight Thousand
dollars, if their [sic] be so much left of said proceeds after payment of the
bequests heretofore made to St. Luke's Protestant Episcopal Church of Altoona,
Penna., and to Elmer Webb in Trust, however, that the said Association shall as
soon as practicable after receiving said money, cause to be erected with all
said money an appropriate chapel of good dressed stone, at a suitable site in
said Altoona Fairview Cemetery, on land to be furnished by the said Association
without detraction from the amount of the this bequest, where proper religious
services may be held on every funeral occasion, and to be known as "The Marriott
Chapel," which designation shall be appropriately carved and set in its front.
This bequest, however, is made upon this condition that the said Altoona
Fairview Cemetery Association shall never become an institution of profit for
its stockholders, but that all of its net earnings beyond necessary expenses
shall be bestowed upon and invested in the improvement, beautifying,
ornamentation and extension of said cemetery.
Nineteenth. I do order and direct my said Executor hereinafter named, as
soon as conveniently may be after the first day of January A.D. 1898, to expose
to sale and dispose of my real estate on the South West side of Ninth Street
between Ninth Avenue and Eighth Alley, either at public or private sale, to the
best advantage and for that purpose I do hereby authorize and empower my said
Executor to sign, seal, execute, acknowledge and deliver all such deed or deeds
of conveyance as may be requisite and necessary for the granting and assuring
the same to the purchaser or purchasers thereof in fee simple, and I do further
order and direct my said Executor honestly and scrupulously to carry out on my
part the certain agreement between myself, as party of the first part, and
William W. Rouss, as party of the second part bearing date the fifteenth day
of December A.D. 1887 for the leasing of and, at the option of the party of the
second part, the selling of my real estate in The City of Altoona, known as the
Altoona City Eleventh Avenue Opera House property, and in this will before
referred to and which is duly recorded in the Office for the Recording of Deeds
&c, in and for Blair Co., Pennsylvania, in Deed Book Volume 65, Page 396 &c. and
upon the said party of the second part exercising his option to purchase
according to the terms of said agreement, then I do, for the purpose hereby
authorize and empower my said Executor to sign, seal, execute, acknowledge and
deliver all such deed or deeds of conveyance as may be requisite and necessary
for the granting and assuring the same to the said purchaser in fee simple, and
in the event that the said William W. Rouss should not desire to exercise his
said option of purchase on the first day of January A.D. 1898 then my said
Executor is ordered and directed, if his good judgment then assures him that it
is for the best advantage of my estate, to expose to sale and dispose of all my
interest, right and title in and to said Opera House property, at public or
private sale to the highest and best bidder, and for that purpose I do hereby
authorize and empower my said Executor to sign, seal, execute, acknowledge and
deliver all such deed or deeds of conveyance as may be requisite and necessary
for the granting and assuring the same to the purchaser or purchasers thereof;
taking care to safely secure all the purchase money in the several cases
aforesaid and the same faithfully to apply according to the directions and
bequests of this my last Will and Testament.
Twentieth. All of my residuary estate, which does not pass by the
operation of the Will, I give, bequeath and devise in equal one half portions
unto my esteemed friends Nicholas P. Mervine and James H. Kilgore, to them and
their heirs respectively forever.
Twenty-First. I direct that my esteemed friend Nicholas P. Mervine,
Attorney at Law, shall be the council and legal advisor of the Executor of this
Will, and he shall direct such Executor in the management of the estate and the
execution of his duties according to law; and for such professional services he
shall be paid out of my general estate the sum of One Thousand dollars, as
follows: Two Hundred and Fifty dollars in six months after my decease, Two
Hundred and Fifth dollars in one year after my decease, and Five Hundred dollars
upon finishing the administration of my estate.
Twenty-Second. I do nominate, constitue (sic) and appoint my esteemed
friend James H. Kilgore to be the Executor of this my last Will and Testament,
and for compensation for his services as to be rendered and performed he shall
receive the legacies and bequests heretofore provided for him. In witness
whereof, I, William T. Marriott, the testator, have to this my last Will and
Testament, written in twenty-two paragraphs, set my hand and seal this Sixteenth
day of April A.D. 1892.
William T. Marriott (Seal: Wm. T. Marriott, Opera House,
Altoona, Pa.)
Signed, Sealed, published and declared by the Above-named William T. Marriott as
and for his Last Will and Testament, in the presence of us who have hereunto
subscribed our names at his request as witnesses thereto in the presence of the
said Testator and of each other.
John Fay, M.D.
John K. Patterson
John Arble
Thomas C. Hare
Commonwealth of Pennsylvania, Blair Co., S.S.
This 21st day of June A.D. 1893 before me J. Lee Plummer, Register for the
Probate of Wills and granting Letters of Administration in and for the Co., of
Blair, personally came John Fay, John K. Patterson, John Arble, and Thomas C.
Hare the subscribing witnesses to the above will, and being duly sworn according
to Law, did depose and say they were personally present and saw and heard
William T. Marriott, the testator, sign, seal, publish, pronounce and declare
the foregoing instrument of writing as and for his Testament and last will, that
they signed their names in the presence and at the request of the said Testator
and in the presence of each other, and that at the time of so doing the said
Testator, was or perfect and sound mind, memory and understanding, to the best
of their knowledge and belief.
Sworn and subscribed before me, J. Lee Plummer, Register
John Fay, M.D.
John K. Patterson
John Arble
Thomas C. Hare
Commonwealth of Pennsylvania, Blair Co., S. S.
Before me the Register for the Probate of Wills and granting Letters of
Administration and for the Co., of Blair, personally came James H. Kilgore who,
being duly sworn does dispose and say that as executor of the last Will and
Testament of William T. Marriott deceased he will well and truly 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
Collateral Inheritances.
Sworn and subscribed before June 21 A.D. 1893
John Plummer, Register
James H. Kilgore
James H. Kilgore, Executor of William T. Marriott, late of Altoona, Deceased
Memorandum
Died June 15th A.D. 1893
Proof of death Filed June 21st A.D. 1893
Letters Testamentary on the estate of William T. Marriott, late of the
City of Altoona deceased, were on the 21st day of June A.D. 1893 granted to
James H. Kilgore of the same place.
Witness my hand this 21st day of June A.D. 1893,
J. Lee Plummer, Register
Inventory and appraisement Filed July 21st, 1893. Amount $32,648.22
Collateral appraisement Filed July 10th, 1893. Amount $42,310.72
First and Final Account, Filed September 4th 1902, and certified to the Orphans
Court to October Term 1902.