Raymond Moore Remick.

The statutory law of decedents' estates in Pennsylvania, with annotations and forms online

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An act entitled "A supplement to an act, entitled 'An Act relat-
ing to the grant of letters of administration upon the estates of
persons, presumed to be dead, by reason of long absence from
their former domicile/ approved June twenty-fourth, one thou-
sand eight hundred and eighty-five; providing for the grant of
ancillary letters of administration in this commonwealth, upon
the estates of persons, presumed to be dead, by reason of long
absence from their former domicile, in any other state, territory,
or foreign country, who have left personal estate within this com-
monwealth," approved May 28, 1913, P. L. 373, absolutely.

An act entitled "An Act to amend an act approved the ninth day
of June, one thousand nine hundred and eleven, entitled 'An Act
relating to private sales of real estate, ordered, decreed, or ap-
proved by the orphans' courts ; and providing a method of giving
notice of such sales, and validating such private sales of real
estate, heretofore made under the authority of the orphans' courts,
for the payment of debts/ " approved June 12, 1913, P. L. 470,
absolutely.

An act entitled "An Act to amend an act, approved the four-
teenth day of April, one thousand eight hundred and fifty-one,
entitled 'An Act relating to the commencement of actions, to judg-
ments and decrees for the payment of money to the widows and
children of decedents, to partitions in the common pleas, relative
to penalties on telegraph operators, to pleadings in certain actions
of debt, to actions of ejectments, to the protection of fences, to
partnerships, to limitations of writs of entry in manors, lands and
tenements, to the exemption laws, to reports of the supreme court,
to appeals relating to wards, boroughs and township officers, to
the acknowledgments of deeds and sequestration of life estates/
by regulating the appointment and number of appraisers," ap-
proved July 21, 1913, P. L,. 877, absolutely.

Section i of an act entitled "An Act authorizing the several
orphans' courts to empower guardians and trustees of estates of
minors to elect, in writing, to take land in fee, which has been
ordered to be sold by the provisions of any duly probated will, in
lieu of legacies bequeathed or distributable to said minors from the
proceeds of such sale, and validating certain elections to take



492 FIDUCIARIES ACT SECTION 63

land in lieu of legacies heretofore made pursuant to an order of
court," approved July 22, 1913, P. L. 908, absolutely.

An act entitled "An Act authorizing the orphans' court to re-
duce, under certain circumstances, the bond of any fiduciary;
imposing duties on registers of wills in connection therewith," ap-
proved May 3, 1915, P. L. 218, absolutely.

An act entitled "An Act relative to estates of decedents," ap-
proved May 6, 1915, P. L. 265, absolutely.

An act entitled "An Act to amend an act approved the twenty-
fourth day of February, one thousand eight hundred thirty-four,
entitled 'An Act relating to executors and administrators,' as
amended," approved May 6, 1915, P. L. 267, absolutely.

An act entitled "An Act to amend an act, entitled 'An Act to
limit the duration upon real estate of the debts of decedents, in-
cluding the expenses of the settlement of the estate, and to pro-
vide under what conditions the lien may be continued,' approved
the third day of May, one thousand nine hundred and nine, so as
to restrict the revival of judgment liens by the death of the debtor
to real estate still owned by said decedent at the date of his
death," approved May 14, 1915, P. L. 475, absolutely.

An act entitled "A supplement to an act approved the fourteenth
day of April, one thousand eight hundred and fifty-one, entitled
'An Act relating to the commencement of actions to judgments
and decrees for the payment of money to the widows and children
of decedents, to partitions in the common pleas, relative to penal-
ties on telegraph operators, to pleadings in certain actions of debt,
to actions of ejectments, to the protection of fences, to partner-
ships, to limitations of writs of entry in manors, lands, and tene-
ments, to the exemption laws, to reports of the supreme court, to
appeals, relating to wards, boroughs, and township officers, to the
acknowledgments of deeds and sequestration of life estates,' pro-
viding a method of allowing a widow's exemption, where the
property consists of real estate not readily divided," approved
June i, 1915, P. L. 682, absolutely.

An act entitled "An Act to amend section three of an act, ap-
proved the fourteenth day of April, Anno Domini one thousand
nine hundred and five, entitled 'A supplement to an act, entitled
"An Act relating to the granting of letters of administration upon
the estates of persons, presumed to be dead, by reason of long ab-
sence from their former domicile," approved June twenty-fourth,
one thousand eight hundred and eighty-five; providing for the



FIDUCIARIES ACT SEC. 63; ACT JULY 11, 1917 (P.L.79O) SBC.I 493

probate of a will of a person whose death by presumption has
been established, and for attachment of such will to letters of
administration granted in the case,' by providing for the issuance
of letters testamentary to the executor named in such will, in the
same manner and form as if such supposed decedent were ac-
tually dead," approved June i, 1915, P. L. 689, absolutely.

An act entitled "An Act to amend section five of an act, entitled
'An Act relating to the grant of letters of administration upon the
estates of persons presumed to be dead, by reason of long absence
from their former domicile' ; approved the twenty-fourth day of
June, Anno Domini one thousand eight hundred and eighty-five,
by authorizing the several orphans' courts of this commonwealth
to accept refunding bonds from the distributees without sureties,
in certain cases," approved June n, 1915, P. L. 945, absolutely.

All other acts of assembly, or parts thereof, that are in any way
in conflict or inconsistent with this act, or any part thereof, are
hereby repealed. Provided, however, that nothing in this act
shall be construed to repeal or in any way affect the existing law
requiring publication of legal advertisements or notices in legal
journals or periodicals designated by rule of court for that
purpose. 1

1 This proviso did not appear in the commissioners' draft.

ACT OF JULY ii, 1917 (P. L. 790.)

624. RIGHTS OF FIDUCIARIES AS TO COAL LEASES
AUTHORIZING TRUSTEES, GUARDIANS, AND
OTHER FIDUCIARIES TO SELL, ASSIGN,
ALTER, MODIFY OR SUPPLEMENT COAL
MINING LEASES, WITH THE APPROVAL OF
THE COURT HAVING JURISDICTION OF
THEIR ACCOUNTS.

SECTION i. Be it enacted, &c. That from and after the pas-
sage of this act, any trustee, guardian, or other fiduciary, having
an interest in any coal-mining lease, may sell, assign, and with
the consent of the lessees, thereof, alter, modify or supplement
such coal mining lease, with the approval of the court having
jurisdiction of the accounts of such fiduciary.

The Fiduciaries Act of June 7, 1917, P. L. 447, 46 (g), abolished the
concurrent jurisdiction formerly exercised by the court of common



494 ACT OF JULY ii, 1917 (P. L. 790) SECTION? i, 2

pleas and the orphans' court over the accounts of testamentary trustees
appointed nominatim by the will, and vested such jurisdiction exclusively
in the orphans' court of the county where the will is probated.

Under the Act of July 11, 1917, P. L. 796, the orphans' court has
jurisdiction of a petition by a testamentary trustee to modify the terms
of a coal mining lease authorized by a decree of the court of Common
pleas. This is a remedial act and relates to procedure, and such a
statute will operate, in the absence of a saving clause, to transfer juris-
diction even as the pending proceedings.

"We have now come to the conclusion that we have jurisdiction in the
premises. So far as the proceedings in the court of common pleas No. 3
are concerned, it is clear that the court did no more than to authorize
the trustee to make leases for the term of fifteen years, and its decrees
did not authorize or direct the provision as to royalties etc., that are
now alleged to be unfairly onerous upon the lessees. But although the
Baird Snyder lease was specifically authorized by the decree of the
court of common pleas No. i, we are of opinion, that the jurisdiction
to modify its terms is also by the Act of July n, 1917, P. L. 790, vested
in this court. That act is remedial in character, and relates to procedure ;
and the general rule in such cases is that such a statute will operate, in
the absence of a saving clause, to transfer jurisdiction even as to pending
proceedings. There is good reason in the present instance for our
jurisdiction, for the account of the trustee should clearly be filed in this
court, and it is eminently proper that any modification of this lease, the
rentals of which would be included in an account, should also be subject
to our approval." GEST, J., in Girard's Est, 48 Pa. C. C. 608, 29 Dist 62.

625. PROCEDURE.

SECTION 2. The procedure under this Act shall be the same as
the procedure for the sale of real estate prescribed by sections
four and twelve of the Revised Price Act of one thousand nine
hundred and seventeen.

See Sees. 183 and 191, supra.

See form 78.

See Girard's Est., 48 Pa. C. C. 608, 29 Dist. 62.



FORMS

OFFICIAL FORMS OF THE REGISTER OF WILLS OF PHILADELPHIA COUNTY.

1. Petition for probate and letters testamentary. (Sec. 358).

2. Oath of executor, 380, 381.

3. Oath of subscribing witnesses, 215.

4. Oath of subscribing witnesses where will executed by mark, 216.

5. Oath of subscribing witnesses to will disposing of real estate in

another state requiring special proof, 215.

6. Same, longer form, 215.

7. Oath to signature to will where no witnesses, 215.

8. Oath to signature of a witness who is dead or cannot be lo-

cated, 215.

9. Decree of probate.

10. Petition for letters of administration, 358.

11. Bond and oath of administrator, 381-2-3.

12. Petition for letters of administration c. t. a., 358-9.

13. Petition for letters of administration d. b. n. c. t. a., 358, 360.

14. Bond and oath of administrator c. t. a., 382-3.

15. Inventory and appraisement, 392.

16. Advertisement of letters, 391.

OFFICIAL FORMS OF ORPHANS' COURT OF PHILADELPHIA COUNTY.

17. Certificate of appointment of trustee with security, 584.

18. Certificate of appointment of guardian without security, 599.

19. Certificate of appointment of guardian with security, 599.

20. Guardian's inventory, 606.

21. Bond of guardian of minor's estate, 605.

22. Bond of trustee appointed, 388.

23. Bond of fiduciary on sale of real estate, 192.

24. Bond of fiduciary for miscellaneous transactions where security

is required, 388.

25. Bond for costs on appeal from orphans' court, 163.

26. Justification by individual sureties.

27. Citation, 116.

28. Petition for distribution of intestate's estate, 552.

29. Petition for distribution under a will, 552.

30. Petition for distribution of a trust estate, 552.

OFFICIAL FORMS OF REGISTER OF WILLS OF ALLEGHENY COUNTY.

31. Affidavit of death testate.

32. Citation to produce will, 267.

33. Subpoena to witness, 268.

34. Commission and deposition of witnesses to will, 269.

35. Petition for probate and letters testamentary, 358.

36. Oath of subscribing witnesses to will, 215.

495



496 FORMS

37. Oath to decedent's signature where no witnesses, 215.

38. Citation to show cause why letters should not issue.

39. Renunciation of right to administer, 357.

40. Petition for letters of administration, 358.

41. Bond and oath of administrator, 381-2-3.

42. Petition for letters of administration c. t. a., 358-9-

43. Oath of administrator c. t. a., 382.

44. Bond of administrator c. t. a., 383.

45. Bond of non-resident executor, 384.

46. Petition for probate of foreign will, 266.
< 47. Certificate of filing foreign will, 592.

48. Petition for ancillary letters of administration on foreign will, 592.

49. Certificate of filing foreign letters of administration, 592.

50. Appeal from the register, 281.

51. Bond of caveator, 281.

52. Inventory and appraisement, 392.

53. Affidavit of non-resident executor as to debts and transfer of

securities, 592.

OFFICIAL FORMS OF ORPHANS' COURT OF ALLEGHENY COUNTY.

54. Petition for distribution of intestate's estate, 552.

55. Petition for distribution under a will, 552.

MISCELLANEOUS FORMS.

(The following forms are not official, but are merely drafted from
petitions which from time to time have been presented to the orphans'
courts of various counties under the Acts of Assembly herein set forth.
To draft a form which would suit every case is, of course, impossible
and an attempt has been made only to indicate in a general way the
subject matter which should appear in each petition to show the juris-
diction of the court, the status of the parties in interest and the reasons
for the petition. It should be noted that in Philadelphia County under a
recent ruling, it is required that the decree be placed at the beginning,
rather than at the end of the petition. The forms herein for petitions
under the Revised Price Act are modeled, to a large extent, on the forms
given by Roland R. Foulke, Esq., in his Treatise on the Price Act. In
such petitions in Philadelphia county by a recent ruling it is of importance
that the affidavits by real estate experts should show that they have no
interest in the subject-matter of the petition.)

56. Petition for citation to show cause why an inquest in partition

should not be granted, 4.

57. Petition for citation to show cause why guardian ad litem should

not be appointed, 116, 616.

58. Petition under the Revised Price Act by executor for leave to

sell real estate at private sale where no authority to sell is
given in the will, 183.

59. Petition under the Revised Price Act by ancillary executor and

trustee for leave to sell real estate at private sale when the
time fixed for sale in the will has nQt arrived, 183.



FORMS 497

60. Petition under the Rivised Price Act by a church holding property

in trust for leave to sell the same at private sale where no
power of sale is given under the will, 183.

61. Petition under the Revised Price Act by Trustee for leave to sell

real estate at private sale where the trustee has no power of
sale under the will, 183.

62. Petition under the Revised Price Act by trustee for leave to join

with others in the private sale of real estate where there is
no power of sale in the will, 183.

63. Petition under the Revised Price Act by guardian for leave to sell

real estate at private sale where the premises are in bad repair
and the sale will increase the income for the minor, 183.

64. Petition under the Revised Price Act by guardian for leave to

join with others in the private sale of real estate to avoid
partition, 183.

65. Petition under the Revised Price Act by trustee for leave to sell

an irredeemable ground rent at private sale, 183.

66. Petition under the Revised Price Act by trustee for leave to assign

and extinguish an irredeemable ground rent on a three per
cent, basis, 183.

67. Petition under the Revised Price Act by a guardian for the ap-

pointment of a trustee to make private sale of real estate in
which the minor has an interest, 185.

68. Petition under the Revised Price Act by trustees for leave to sell

real estate at private sale and by a co-trustee to purchase at
such sale, 202.

69. Election of widower to take under will, 245.

70. Election of widow to take against will, 245.

71. Petition to the register to revoke letters of administration upon

the discovery of a will, 264.

72. Petition to register for citation on party in custody of will to

present same for probate or on failure thereof to show cause
why letters of administration should not be granted, 267.

73. Petition to the Orphans' Court sur appeal from Register to open

the probate of a will and allow probate of an after-discovered
codicil, 285.

74. Petition for the appointment of an administrator d. b. n. c. t. a.

where the decedent has been dead more than 21 years, 356.

75. Petition by guardian for reduction of security on his bond, 389.

76. Petition for widow's exemption in cash, 403.

77. Petition by Trustee for leave to execute a lease of real estate for

ten years, 497.

78. Petition by trustee for leave to join in the execution of lease of

coal and mineral rights for a period exceeding five years, 497,
625.

79. Petition by trustee for leave to purchase real estate with uninvested

principal, 529.

32



498 FORMS

80. Petition by trustee for leave to purchase real estate requiring an

investment of an amount larger than that authorized by the
will, 529.

81. Petition by creditor for citation on executor to file an account, 539.

82. Petition by an accountant for the appointment of an auditor in

counties having no separate orphans' court, 550.

83. Petition to open an adjudication based upon an erroneous statement

of fact, 551.

84. Petition for the review of an adjudication by a known creditor who

was given no notice of audit, 551.

85. Petition for the distribution of an estate not exceeding three

hundred dollars, 554.

86. Petition for the discharge of an executor, 563.

87. Petition for the discharge of ancillary executor, 563.

88. Petition for the discharge of administrator d. b. n. c. t. a., 563.

89. Petition for the discharge of the guardian of the estate of a minor,

563.

90. Petition for the discharge of surety on the bond of a trustee, 563.

91. Petition for the appointment of a substituted trustee on the resigna-

tion of the trustee, 584.

92. Petition for the discharge of trustee and appointment of substituted

trustee on the resignation of the former, 584.

93. Certificate and affidavit by foreign fiduciary entitled to an award

in distribution, 595.

94. Petition for the appointment of a guardian for the estate of a minor

under the age of 14 years, 599.

95. Petition for the appointment of a guardian for the estate of a minor

over the age of 14 years, 599.

96. Petition by guardian for leave to pay mother of minor income and

portion of principal for support, 607.

97. Petition by guardian for leave to pay income from trust to mother

of minor for its education, maintenance and support, 607.

98. Petition by guardian of minor to make payment of principal in

relief of deficiency of income, 607.

99. Petition by guardian of minor to make payment of a lump sum out

of income to defray wedding expenses of minor, 607.

100. Petition by trustee to make payment to foreign guardian, 607.

101. Petition for appointment of guardian ad litem for minors under the

age of 14 years for representation in sale of real estate, 616.

102. Petition for appointment of guardian ad litem for minor over the

age of 14 years for representation at audit, 616.

103. Petition by guardian for leave to enter security to receive award

from foreign jurisdiction.



FORMS i, 2 499

i. PETITION FOR PROBATE AND LETTERS TES-
TAMENTARY. (Sec. 358.)

To , Hsq., Register of Wills and ex-officio Clerk

of the Orphans' Court for the City and County of Philadelphia,

in the Commonwealth of Pennsylvania.

In the matter of the probate of the last will and testament

of } deceased.

The petition of respectfully showeth that the

Execut named in the last will and testament of

dated the day of A. D. 19 That said was

a citizen of the United States and resident of Philadelphia County,

State of Pennsylvania, and departed this life at number

in the County of and State of on the day

of A. D., 19, at o'clock M.

The said testa was possessed of personal property to the

value of $ and of real estate (less incumbrance) to the

value of $ as near as can be ascertained, situated as

follows : Therefore the said respectfully appl

for probate of the said last will and testament and for

letters testamentary thereon.

Dated , A. D., 19 .

Philadelphia County, ss:

, named in the above application, being duly

according to law, say that the matters and things set forth in

the foregoing petition are true to the best of knowledge

and belief.

and subscribed before me, at'



Philadelphia, A. D., 19



(Signature)



2. OATH OF EXECUTOR. 380, 381

City and County of Philadelphia, ss:

do that as the of the foregoing last will

and testament deceased, will well and truly ad-
minister the goods and chattels, rights and credits of said deceased.

according to law, and that will diligently and faithfully

regard and well and truly comply with the provisions of the law



500 FORMS 2, 3, 4, 5

relating to collateral inheritances. That the said testat died

on the day of A. D., 19 , at o'clock M.

and subscribed before me,'

the date above, and letters testa-
mentary granted unto



(Signature)

3. OATH OF SUBSCRIBING WITNESSES. 215

Then personally appeared the subscribing witnesses to

the foregoing deceased, and on solemn did say

that present and did see and hear deceased, the

testa therein named seal, publish and declare the same

as and for and testament and at the doing thereof

was of sound disposing mind, memory and understanding to

the best of knowledge and belief.

and subscribed before^]

me, the above date.



f



(Signatures)



4. OATH OF SUBSCRIBING WITNESSES WHERE
WILL EXECUTED BY MARK. 216

City and County of Philadelphia, ss:

Then personally appeared the subscribing witnesses to

the foregoing deceased, and on solemn did

say that present and did see and hear deceased, the

testa therein named, make mark, seal, publish and declare

the same as and for and testament and that at the

doing thereof was of sound disposing mind, memory and

understanding, to the best of knowledge and belief. The

name of testat having been subscribed in presence, and

by direction and authority.

and subscribed before^



me, the above date.



(Signatures)



5. OATH OF SUBSCRIBING WITNESSES TO WILL
DISPOSING OF REAL ESTATE IN ANOTHER
STATE REQUIRING SPECIAL PROOF. 215

City and County of Philadelphia, ss:

Then personally appeared the subscribing witnesses to

the foregoing deceased, and on solemn did say



FORMS 5, 6, 7 501

that present and did see and hear deceased,

the testa therein named seal, publish and declare the

same as and for and testament and that at the

doing thereof was of sound disposing mind, memory and

understanding, to the best of knowledge and belief. And

further, that the said testat so signed the same in presence,

and at request the said deponents in presence and in

the presence of each other subscribed their own proper

signatures and handwriting as witnesses thereto, all being present
at the same time at the execution of said will.

and subscribed before ^

me, the above date. >



J (Signatures)

6. SAME, LONGER FORM. 215

City and County of Philadelphia, ss:

Then again personally appeared the subscribing wit-
nesses to the foregoing deceased, and on solemn

did say that present together with the other sub-
scribing witness and did see and hear deceased, the testat

therein named seal, publish and declare the same as and

for h last will and testament and that at the doing thereof

testat was of sound disposing mind, memory and understanding,

to the best of knowledge and belief. And further, that

the said testat so signed the same in presence and at the

request of testat the said deponent in the presence of

the other subscribing witnesses, and the other subscribing witness

in the presence of the testat and in the presence of each

other subscribed their own proper signatures and hand-
writing as witnesses thereto, all being present at the same time
at the execution of said will.
and subscribed before ^



me, the above date.



J (Signatures)

7. OATH TO SIGNATURE TO WILL WHERE NO

WITNESSES. 215.
City and County of Philadelphia, ss:

Registers' Office, 192

Then personally appeared who being duly



502 FORMS 7, 8, 9

according to law, say that he well acquainted with

the Test above named, in lifetime, and



-familiar with signature, having frequently seen-



write name as well as other matters; that

carefully examined the foregoing signature and verily

believe to be in own proper handwriting.

and subscribed

before me, the date above.
Deputy Register

8. OATH TO SIGNATURE OF A WITNESS WHO IS

DEAD OR CANNOT BE LOCATED. 215.

City and County of Philadelphia, ss:

Then personally appeared who being duly

according to law, say that he well acquainted with



Online LibraryRaymond Moore RemickThe statutory law of decedents' estates in Pennsylvania, with annotations and forms → online text (page 53 of 71)