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.