Willbook 11, pp. 267–269: No. 246 of 1900: Will of Dr. D.W. McConaughy, Late of Latrobe boro. [Westmoreland County, Pennsylvania]
Last Will and Testament of D.W. McConaughy. In the Name of god Amen. I David W. McConaughy of Latrobe, County of Westmoreland and State of Pennsylvania being of sound mind memory and understanding do make this my last Will and Testament in form and manner as follows to wit:
First. I direct that all my just and lawful debts be paid, including funeral expenses, and that a suitable monument be erected over my grave, and to meet the amount needed for these purposes, I direct that so many of my notes or securities as may be necessary be sold or collected, and that my monument and grave may be kept in proper repair, I do hereby give bequeath and devise one hundred dollars to the trustees of the Unity Cemetery, where I direct my body to be buried, the interest of which is to be used for that purpose.
To my beloved wife, Anna E. McConaughy, I give bequeath and devise to her, her heirs and assigns forever, all of my household goods and book accounts, except items hereinafter mentioned as otherwise devised. Also that certain lot of ground in Latrobe borough on the North East corner of Ridge avenue and Sugar Street and on which a five room house is erected and which I had deeded to her but deed is not recorded. I also give bequeath and devise to my beloved wife Anna E. after the foregoing bequests are satisfied all the remainder of my real Estate personal or mixed property of what nature and kind soever or wheresoever found or shall be at the time of my death, to have and to hold the same during her natural life the same to be securely in vested or remain as already invested and that all the income derived therefrom be at her disposal except as follows to wit: To pay the assessment of the North Western Masonic Aid Association of Chicago Ill., to keep in force the life insurance policy in the life of her brother William W. Brown and which is written in her favor. Also to pay to my Sister Margaret M. Shallenberger if living and while living thirty dollars a year if she can do so without distressing herself. At the death of my beloved wife Anna E. all the property herein devised to her as a life interest I give and bequeath and devise as follows: I first direct [hower*] that should the income derived from the investments such as rents, interest &c, be insufficient to enable her to live in comfortable circumstances, then I direct that she use as much of the principal as needed to do so or even to sell some of the real estate in this connection I direct that if the Lot of ground I own in Jeannette Pa be not sold at the time of my death I direct that it be sold as soon thereafter as possible and the price derived from the sale be invested for her benefit the same as other securities. I do hereby give, bequeath and devise to my sister Margaret Melinda Shallenberger if living five hundred dollars.
To my niece Estella Shallenberger her heirs or assigns I bequeath two hundred dollars.
To my niece Amanda Brown I give bequeath and devise two hundred dollars.
To my niece Mrs. Bell Nesbitt Long if living I give bequest and devise two hundred dollars.
To my niece Estella Bell Houseman I bequeath and devise two hundred dollars if living.
To my niece Maggie Wilson if living I bequeath two hundred dollars.
To my nephew Frank Cummins if living I bequeath two hundred dollars.
To my nephew John Brown if living I bequeath two hundred dollars.
To all of my other living nieces I bequeath each one hundred dollars.
David W. McConaughy.
I give bequeath and devise to my wife’s sister Maggie Moore if living five hundred dollars.
I do hereby give, bequeath and devise to the Presbyterian Church of Latrobe one thousand dollars to be securely invested by the trustees thereof and the interest therefrom be used in support of the Church and Sabbath School say ¼ to the S. School.
I hereby give bequeath and devise one thousand dollars to Park College at Parkville Mo. to be invested, the interest to support a scholar.
To the Western Theological Seminar of Allegheny I give bequeath and devise Two thousand dollars if it can be so invested as not to divert from the Pres. Church, the income to be used for the support of a scholar for the ministry.
To the Presbyterian Board of Home Missions I give bequeath and devise Three Thousand Dollars, this Board is incorporated by act of the Legislature of the State of New York April 19” 1872.
To the Board of Education of the Presbyterian Church in the U. States of America the interest to be used to educate a student for the Ministry Two Thousand dollars ($2000).
To the Board of Foreign Missions of the Presbyterian Church of the U.S. of America one thousand dollars. If any thing remains after the bequests are satisfied I direct that a proportionate distribution among the objects be made or should there not be sufficient amount to fill the bequest I direct that a proportionment amount be deducted from each of the benevolent donations.
My Medical Library and instruments I direct my wife to give to her brother J. Logan Brown. My misilaneous Library she can retain for her own use or if she wishes to distribute any of it to friends she can do so. Any remaining at her death I direct to be distributed between Ada Coleman and F. Cummins my niece and nephew. My Gold watch and chain when my wife wishes to part with also my jewelry I direct to be given to my wife’s brother Wm. W. Brown. And I do hereby appoint and constitute my beloved wife my Executrix and my friend
Joseph E. Barnett assistant Executor of this my Last Will and Testament. In Witness whereof I, D.W. McConaughy the testator have to this my Last Will and Testament written on four pages of two sheets of legal cap paper have set my hand and seal this Twelfth day of July one thousand Eight hundred and Ninety Six my name on each page.
D.W. McConaughy
Signed, Sealed and declared by the above named Testator 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 each other and of said Testator.
C.J. Donnelly
R.E. Reed
And Now 18 Aug 1900, Will filed and duly proven and Letters Testamentary granted to Anna E. McConaughy (Widow) and Joseph E. Barnett the Executrix and Executor named in the within will who were both duly sworn before me. Testator died 10 day of August 1900 about 4:45 a.m.
S.C. Stevenson Register
The above had 10 c. Int. Rev. stamp thereon cancelled
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Orphans’ Court Vol. 24, p. 462, November Term, 1902.
No. 6, Lightcap & Warden. Estate of D.W. McConaughy Decd.
Costs: Clerk Stevenson $3.50. Jan 9 1903 Rec’d of Exr’s $3.50 fees,
S.C. Stevenson, Clk.
To the Hon. John B. Steele, Pres. Judge of the Orphans’ Court of Westmoreland County, Pennsylvania.
Nov. 12th 1902 – The petition of Anna E. McConaughy and Joseph E. Barnett, executors of the last will and testament of D.W. McConaughy, late of Latrobe Borough, Westmoreland County, Pennsylvania, deceased, presented in open Court and filed. Said petition respectfully represents:
That the said D.W. McConaughy died on or about the 10 day of Aug A.D. 1900, having made his last Will and Testament in writing, wherein he nominated your petitioners as his executors, which said will was on the 18 day of August, A.D. 1900, duly proven before the Register of Wills of said County, recorded in Will Book, Vol. 11, page 267, and Letters Testamentary were granted to your petitioners.
That the said D.W. McConaughy was in his lifetime, seized in fee, of and in a certain lot or piece of land situate in Latrobe Borough, County of Westmoreland, State of Pennsylvania, known as lot No. 15 in block “H” in the general plan of Latrobe Borough, fronting 50 feet on the North side of Miller Street, and extending back preserving the same equal width 100 feet to an alley, and being so thereof seized, by article of agreement in writing bearing date the 23 of Feb. 1893, agreed to sell and convey the same to I.U. Stahl of Latrobe Borough, County and State aforesaid, for the sum of $800.00, $300.00 of which was payable on the signing of the agreement, and the balance or $500.00, was payable on the 23 of May, 1893, at which time deed was to be made, as appears by copy of said agreement hereto attached.
And the said I.U. Stahl took possession of said premises under the terms of the agreement, and paid to the said D.W. McConaughy in his lifetime, the full consideration or sum of $800.00, but the said D.W. McConaughy died without having executed a deed for said premises to the said I.U. Stahl. The said D.W. McConaughy having made no provision for the performance of the contract upon his part, your petitioners pray your Honorable Court to order and decree the specific performance of the same according to the true intent and meaning thereof, and that your petitioners may be authorized, and empowered to make, execute and deliver to the said I.W. Stahl, his heirs and assigns, a deed of conveyance for said premises as contemplated by said agreement.
I, I.U. Stahl of Latrobe Borough, Westmoreland County, Pennsylvania, the grantee in the within mentioned article of agreement, do hereby certify that I have carefully read the foregoing petition and am familiar with its contents and purpose, and I do hereby join with the above petitioners in asking the Court that a decree be made for specific performance as prayed for.
Witness my hand and seal this 11 day of Nov. A.D. 1902.
I.U. Stahl
Witness: John S. Lightcap
And now to wit, 15 day of Nov 1902 – the within petition having been duly presented in open Court, the Court upon due consideration thereof find that there is cause and the facts therein contained are sufficient in equity to sustain said contract, and no sufficient cause being shown to the contrary, do decree the specific performance of the contract according to the true intent and meaning thereof, and according to the prayer of the petitioners and direct the executors of D.W. McConaughy, deceased, to make execute and deliver a deed, for the said lot of around to the said I.U. Stahl, his heirs and assigns.
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Orphans’ Court Vol. 31, p. 172, May Term, 1909.
No. 87: Lightcap & Warden. Estate of D.W. McConaughy, Latrobe Boro., Decd.
Petition for Sale of Real Estate.
7 June, 1909, petition of Joseph E. Barnett, surviving Exr. of D.W. McConaughy, late of Latrobe Boro., deceased, for an order to sell real estate presented and filed respectfully represents:
That the said D.W. McConaughy died on the 10th day of August, 1900, testate and seized of some personal peroperty and real estate hereinafter more particularly described, and in and by his last will and testament duly proven in the Register’s office of Westmoreland county, Pennsylvania, a copy of which is hereto attached, by said will he gave all his real estate and personal property to his wife, Anna E. McConaughy during her natural life with the privilege to use so much of the principal as may be needed for her to live in comfortable circumstances, and at the death of his wife, Anna E. McConaughy, all the property therein devised to her as a life estate he bequeathed as follows.
[Here a large portion of the will is quoted, but omitted in this iteration.]
Said Anna E. McConaughy died on the 5th day of May 1909, and the assets of said estate consist of twenty–five (25) shares of stock of Latrobe Trust Co., of Latrobe, Pa., being the only personal estate unused by said widow, which has come into the hands of your petitioner, and the following described real estate:
First: All that certain lot of ground situate in Latrobe borough, Westmoreland county, Pennsylvania, bounded and described as follows, to wit: Being lot No. 3 in block “Z,” as shown on the general plan of Latrobe borough, said lot having a frontage of 50 feet on the Southerly side of Depot street and extending back in a southerly direction, preserving the same equal width, a distance of 100 feet to a 20–foot alley. Having thereon erected a two–story brick residence and business block combined.
Second: All that certain lot of ground situate in Latrobe borough, Westmoreland county, Pennsylvania bounded and described as follows, to wit: Beginning at the corner of Ridge avenue and Walnut street, thence North by Ridge avenue 118.86 feet to an alley; thence East by said alley 50 feet to lot No. 10; thence South by lot No. 10 118.86 feet to Walnut street; thence west by Walnut street 50 feet to Ridge avenue; the place of beginning, being lot No. 9 in block 4 in Brinker plan of lots. Having thereon erected two four roomed frame dwelling houses.
Third: All that certain lot of ground situate in Latrobe borough, Westmoreland county, Pennsylvania, bounded and described as follows, to wit: Beginning at a corner of Ridge avenue and Fairmont street (formerly Sugar Lane); thence by Ridge avenue 118.86 feet to an alley; thence West by said alley 50 feet to lot No. 5; thence North by lot No. 5, 118.86 feet to Fairmont street; thence East by Fairmont street 50 feet to Ridge avenue, the place of beginning. Being lot No. 6 in block 13, in the Brinker plan of lots, having thereon erected two four–roomed frame dwelling houses.
And also some real estate of Nebraska.
The names and addresses of all the legatees named in said will and now interested are:
Mrs. Maggie Moore, East Liverpool, Ohio
Estella Shallenberger, niece, Clarion, Pa.
Mrs. Belle Nesbit Long, niece, Saltsburg, Pa., R.F.D. No. 5
Amanda Brown, niece, Blairsville, Pa.
Estella Belle Houseman, niece, Aurora, Nebraska
Maggie Neilson, niece, Peoria, Ill.
John Brown, nephew, Blairsville, Pa.
Presbyterian Church of Latrobe, Pa.
Park College, Parkville, Mo.
Western Theological Seminary, Allegheny, Pa.
Presbyterian Board of Home Missions, 156 Fifth avenue, New York
Board of Education of the Presbyterian Church in the U.S. of America, 1319 Walnut street, Philadelphia
Board of Foreign Missions of the Presbyterian Church of the U.S. of America, 156 Fifth avenue, New York
Margaret Melinda Shallenberger, a sister, and Frank Cummins, a nephew, both died before Mrs. Anna E. McConaughy, widow, and under the terms of the will their legacies have lapsed.
The names and addresses of all the other living nieces of said decedent are as follows:
Mrs. Laura Post, York, Nebraska, daughter of James McConaughy, a brother.
Idalette Woods, York, Nebraska, daughter of James McConaughy, a brother.
Emma Longenecker, Rochelle, Ill., daughter of John McConaughy, a brother.
Mrs. Cora Reabe, Philadelphia, Pa., daughter of Margaret Melinda Shallenberger, a sister.
Mrs. Margaret Hindman, Clarion, Pa., daughter of Margaret Melinda Shallenberger, a sister.
Mrs. ____ Henderson, Washington, Iowa, daughter of Jane Nesbit, a sister.
That the said testator in and by his last will and testament blended his real and personal estate, showing that he intended to create a fund out of both and having bequeathed the fund as money in its entirety and having made an absolute necessity to sell in order to make a proper distribution of his estate, has worked a conversion but has not designated by name and description any person to make sale of said real estate.
Wherefore your petitioner would pray your Honorable Court for an order authorizing him to make public sale of the real estate situate in Latrobe borough, Westmoreland county, Pennsylvania, hereinbefore described and he will ever pray,
Joseph E. Barnett.
Petition verified by affidavit.
Affidavit of Daniel McCarthy and J.C. Allen, who say there are acquainted with the value of real estate in Latrobe borough, that they have no interest in the real estate hereinbefore described, that they are familiar with it and its value and that they believe the first described tract would bring $9000.00 at public sale; the second $2000.00 and the third $2000.00, filed.
Copy of will of D.W. McConaughy filed.
And now, the 7th day of June, A.D. 1909, the within petition having been presented in open court, and, upon due consideration thereof, a citation is granted on all the legatees named in the foregoing petition to show cause why the prayer of the petitioners should not be granted, to be served on all residing in Westmoreland county personally and all residing out of Westmoreland county by three weekly insertions in the Latrobe Bulletin, returnable on Saturday the 26th of June, A.D. 1909, at 9 o’clock A.M. Attest: David A. Miller, Clerk.
7 June, 1909, bond of Joseph E. Barnett, Exr., in $26,000.00 with A. Jamison and M.W. Saxman as sureties, filed and approved.
Exit citation.
Served on all parties in interest as per affidavit of Joseph E. Barnett surviving Exr., attached to citation.
And now, 3rd day of July, 1909, it appearing to the Court that the citation granted on the 7th day of June, 1909, to the heirs and devisees named in the will of D.W. McConaughy, deceased, to show cause why the petition of Joseph E. Barnett, surviving executor of D.W. McConaughy deceased, to sell the real estate of said decedent should not be granted, as prayed for, was duly served and published as in said citation directed and no answer to said citation having been filed it is ordered and decreed that the real estate mentioned in said petition be sold at public sale and that notice thereof be given by publication in Latrobe Bulletin and Greensburg Weekly Press for three weeks, the last insertion of which shall be at least ten days prior to date of sale also by printed handbills posted in Latrobe Borough; the sale to take place on the premises on Saturday, the 31st day of July, 1909, at 2:00 o’clock P.M., with leave to adjourn from day to day. Terms: Ten per cent. of the purchase money on each property to be paid in cash when the property is knocked down, balance of one–third on the confirmation of the sale; one–third in one year, and the remaining one–third in two years with interest on deferred payments from the date of confirmation; to be secured by judgment bond and mortgage with thirty days’ Sci. Fa. clause, and Joseph E. Barnett, surviving executor of D.W. McConaughy, deceased, is appointed trustee to make and conduct said sale.