Raymond Moore Remick.

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

. (page 55 of 71)
Online LibraryRaymond Moore RemickThe statutory law of decedents' estates in Pennsylvania, with annotations and forms → online text (page 55 of 71)
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Of age or not (write yes or no) Name of Guardian

or Committee, if any, and how appointed

All of said parties in interest are living.

(State exceptions, if any, giving names and dates of death
and the names of their executors or administrators, or the names
of their issue as the same may be material.)

(c) All parties having any interest have had notice

of the filing of the account.



FORMS 28, 29 517

(Insert "actual," if such is the fact.)

(d) The estate is subject to the payment of direct

(collateral) inheritance tax to the State of Pennsylvania.

(// taxable, state whether tax has been paid.)

(e) All creditors (and other persons who have complied with
Rule II, sec. 7), of whose claims the accountant ha notice
or knowledge, have received actual notice of this audit; the
amounts of their claims and whether or not they are admitted
to be correct are as follows :

(// too many for the space, annex a list thereof, if no such
claims, insert the word "none.")

(If any creditor or other claimant has not received actual
notice, that fact must be stated.)

(/)

(Here insert a reference to all questions requiring adjudica-
tion, and a statement of any material facts not already given.
If none, insert the word "none." If any share has been assigned
that fact should also be stated here.)

Wherefore your petitioner asks that distribution of principal
and income be awarded to the persons thereunto entitled as set
forth in paragraph (b) hereof.

And your petitioner will, etc.

County of Philadelphia, ss:

The above named petitioner being duly doth depose

and say that the facts set forth in the foregoing petition are
true to the best of h knowledge and belief.

to and subscribed before me this day of



192-



29. PETITION FOR DISTRIBUTION UNDER A WILL.
552.

In the Orphans' Court of Philadelphia County. Estate of
deceased.



The petition of respectfully represents:

(a) The decedent died , having made last

will duly probated , on which the present letters were

granted , and leaving to survive .

(State whether a husband or wife survived and, if so, his or
her name, and whether he or she has elected to take under or
against the will according to section 23 of the Wills Act of



518 FORMS 29

and if such an election has been made, state whether it has been
filed and furnish a copy; state also whether or not the decedent
left issue and their names, when material.)

(b) The names of all legatees and the amounts and character
of their legacies (except such as have been revoked) and the
names of the residuary legatees and the nature of their interests
are as follows:

Names - Relationship Interest

Of age or not (write yes or no) Name of Guardian

or Committee, if any, and how appointed

All of said parties in interest are living.

(State exceptions, if any, giving names and dates of death
and the names of their executors or administrators, or the names
of their issue as the same may be material.)

(c) All parties having either vested or contingent interests
have had notice of the filing of the account.

(Insert "actual" if suck is the fact.)

(d) The decedent did marry after the execution of the
will and codicils (if any), and there were children born to
decedent thereafter.

(Insert "not" and "no" if such are the facts and names and
dates of after born children, if any.)

(e) The estate is subject to the payment of direct or
collateral inheritance tax to the State of Pennsylvania.

(// taxable, state whether tax has been paid.)

(f) All creditors (and other persons who have complied with
Rule II, sec. 7), of whose claims the accountant ha notice
or knowledge, have received actual notice of this audit; the
amounts of their claims and whether or not they are admitted
to be correct are as follows:

(// too many for the space, annex a list thereof; if no such
claims, insert the word "none." If any creditor or other claimant
has not received actual notice, that fact must be stated.)

(9)

(Here insert or attach as anl exhibit a copy of the parts of the
will which require interpretation by the Court, if any; a refer-
ence to any questions requiring adjudication, and a statement of



FORMS 29, 30 519

any material facts not already given. If none, insert the word
"none." If any share has been assigned, or attached, state the
fact.)

Wherefore your petitioner asks that distribution be awarded
to the persons thereunto entitled and suggests that the distribu-
tive shares of principal and income are as follows: (residuary
shares being stated in proportions but not amounts.)

(// the distribution of income is different from that of prin-
cipal, state the fact.)

And your petitioner will, etc.

County of Philadelphia, ss:

The above named petitioner being duly doth depose

and say that the facts set forth in the foregoing petition are true
to the best of h knowledge and belief.

to and subscribed before me this day of



, 192

30. PETITION FOR DISTRIBUTION OF A TRUST
ESTATE. 552.

In the Orphans' Court of Philadelphia County. Estate of
deceased.



Sur trust for



The petition of respectfully represents:

(a) The decedent died having made his last will

probated

The trust arises under the will as follows:

(Set forth a copy of that part of the will under which the
trust arises, and a reference to any prior adjudication of the
Court thereon.)

(b) The reason or purpose of the filing of the account is

and the names of all persons having any interest,

vested or contingent, in the trust, with the nature of their in-
terests, are as follows:

(// any are minors, state the fact and whether they have guard-
ians, and how appointed.)

All of said parties in interest have received actual notice of
this audit.

(State exceptions, if any.)

(c) The fund now before the court is subject to the pay-
ment of collateral inheritance tax to the State of Pennsylvania.



520 FORMS 30, 31

(// taxable, state whether tax has been paid.)

(d)

(Here insert a reference to all questions requiring adjudica-
tion, and a statement of any material facts not already given.
If none, insert the word "none." If any share has been assigned
that fact should also be stated here.)

Wherefore your petitioner asks that distribution be awarded
in the way and manner directed by the will and suggests that
the balances of principal and income should be awarded re-
spectively as follows: (awards being stated in proportions but
not amounts.)

And your petitioner will, etc.

County of Philadelphia, ss:

The above named petitioner being duly doth depose

and say that the facts set forth in the foregoing petition are true
to the best of h knowledge and belief.

to and subscribed before me this day of



-, 192-



31. AFFIDAVIT OF DEATH TESTATE.

Deceased.

State of Pennsylvania, Allegheny County, ss:

Personally came before me, Register of Wills, etc.,

in and for said County and upon solemn

oath did say, that late of died on the

day of A. D. 19 at M., to the best of

knowledge and belief, testate.

Sworn and subscribed before me this day of

A. D. 19

Register.

(Signatures)

State of Pennsylvania, Allegheny County, ss:

I, , Register of Wills, etc., in and for the

County aforesaid, do hereby certify the above to be a true copy

of the affidavit of death in the Estate of deceased, as

the same is of record in Record of Deaths, Vol. page



Witness my hand and seal of said office, this day of

A. D. 19

Register.



FORMS 32, 33, 34 521

32. CITATION TO PRODUCE WILL. 267.

Commonwealth of Pennsylvania, Allegheny County, ss:
To , at the instance of by h Attorney,



You are hereby cited to be and appear before me,

Register for the Probate of Wills, granting Letters of Ad-
ministration, etc., in and for said County, on or before ,

the day of , 191 , at my office, at Pitts-
burgh, then and there to produce for probate the paper writing

alleged to be the last Will and Testament of , deceased.

and alleged to be in your possession or control.

Given under my hand and seal of office, at Pittsburgh, this

day of A. D. 191

Register.

33. SUBPOENA TO WITNESS. 268.

Allegheny County, ss:

The Commonwealth of Pennsylvania, to Estate of

Deceased. In re

(Signatures)

Greeting :

We Command You, That, laying aside all business and ex-
cuses whatsoever, you, and each of you, be and appear in your
proper person before our Register of Wills at Pittsburgh, at
our Register of Wills' Office, in and for the County aforesaid

to testify all and singular these things which you shall

know in the above entitled Estate now depending in our said
Register's Office, then and there to be tried, and herein fail not,
under the penalty of One Hundred Pounds.

Witness, My hand and seal of office at Pittsburgh, this

day of A. D. 19

Register of Wills.

34. COMMISSION AND DEPOSITION OF WIT-

NESSES TO WILL. 269.

State of Pennsylvania, Allegheny County, ss:

To - Esq., of

Greeting: You are hereby authorized and empowered to
cause to appear before you the subscribing witnesses



522 FORMS 34

to the instrument of writing hereto attached, purporting to be

the last will and testament of deceased, and on

oath or affirmation to propound to the following in-
terrogatories :

First. Are you a subscribing witness to this paper (exhibit-
ing it), purporting to be the last will and testament of

deceased ?

Second. Did you see the testat sign name at

the end thereof ?

Third. Did you hear declare it to be last

will and testament?

Fourth. Do you believe at the time of so doing was

of sound mind and memory?

Fifth. Was it at request and in presence

that you subscribed your name as a witness thereto?

And having so done, you are to reduce the answers of the

said witness to writing and certify the same under

your hand and seal, and forward the same to the Register's
office at Pittsburgh, Pennsylvania.

Given under my hand and seal of said office, at Pittsburgh,

this - day of A. D. 191

Register.

To Esq., Register of Allegheny County, Pennsyl-
vania :

Pursuant to the authority vested in me by your commission,
to me directed, for the taking of testimony in the matter of the
probate of a certain instrument of writing, purporting to be the

last will and testament of , deceased, I, , do

hereby certify that I caused the witness in said commis-
sion named, to appear before me at , on 191 ,

and having exhibited to the said instrument of

writing, did propound to the interrogatories annexed

to said commission, to which the said witness having been
first duly sworn, made answer as follows:

answers to the first interrogatory : to the

second interrogatory: ; to the third interrogatory:

; to the fourth interrogatory: ; to the fifth

interrogatory ; (Witness sign here) ; answers to the

first interrogatory: ; to the second interrogatory:

; to the third interrogatory: ; to the fourth



FORMS 34, 35 523

interrogatory: ; to the fifth interrogatory: ;

(Witness sign here.)

And I do further certify that the foregoing answers of the
said witness to the said interrogatories were by me reduced

to writing in presence and were by said witness

signed before me the day and year aforesaid.

Witness my hand and seal this day of A.

D. 191

Co mmissio n er.

Now, A. D. 191 , the testimony of the above

named witnesses being sufficient, I do hereby admit the fore-
going Will to Probate, and order the same to be recorded as
such.

Given under my hand the above date.

Register.

35. PETITION FOR PROBATE AND LETTERS TES-
TAMENTARY. 358.

Application for Probate of Will of late of

deceased, and Grant of Letters Testamentary.

Register's Office, Allegheny County, jj;

Before the Register of Allegheny County personally appeared
who, being sworn, say that over twenty-



one years of age and that the executor appointed

in the last will and testament of deceased dated

That said testator, being at the time a resident of Alle-
gheny County, and a citizen of died at on

A. D. at M., possessed of personal

estate to the value of $ and of real estate (less en-
cumbrances) to the value of $ as nearly as can be

ascertained, situate in

Act No. 25, of 1921, approved March 24, 1921, amends
Clause (d) of Section 2, of the Act of June 7, 1917, P. L. 447
(the Fiduciaries Act), by adding thereto the following: "In
the case of applications for letters testamentary, such applica-
tions shall set forth whether the testator has married and whether
any children have been born to such testator since the execution
of the will offered for probate."



524 FORMS 35, 36

That said testa has married and children

have been born to said testa since the execution of the will
offered for probate.

That deponent (whose P. O. address is ) resident

of Pennsylvania, and respectfully petition the Register to
admit said will to probate, and to grant letters testamentary
thereon to

Sworn and subscribed before me"]
A. D., 192 I



-Register. 1 (Signatures)



Allegheny County, ss:

I, do swear that, as I verily believe, the above named

died on the day of A. D.



at M. ; and do further swear that as the executor of

the last will and testament of said decedent will well

and truly administer the goods and chattels, rights and credits
of said decedent according to law, and also will diligently and
faithfully regard and well and truly comply with the provisions
of the law relating to inheritance tax.

Sworn and subscribed before me this^

day of , A. D. 192 ,

and letters testamentary granted unto



(Signatures)
Register.



36. OATH OF SUBSCRIBING WITNESSES TO WILL.
215.

State of Pennsylvania, Allegheny County, ss:

Be it known, That on the day of A. D.

19 before me, , Register of Wills, etc., in

and for the County aforesaid, came the subscribing

witnesses to the foregoing instrument of writing, purporting to

be the last will and testament of deceased,

and on their solemn oath did depose and say that they were

present and did see and hear the testa therein

named, sign seal, publish and declare the same as and

for last Will and Testament, and at the time of so

doing was of sound mind and memory, to the best of



FORMS 36, 37, 38 525

knowledge and belief, and at request and in

presence subscribed names as



witnesses hereunto

Sworn and subscribed before me
the above date.



-Register. \ (Signatures)



Now, A. D. 19 , the testimony of the above

named witnesses being sufficient, I do hereby admit the fore-
going will to probate, and order the same to be recorded as such

Given under my hand the above date.

Register.

37. OATH TO DECEDENT'S SIGNATURE WHERE NO

WITNESSES. 215.

State of Pennsylvania, Allegheny County, ss:

Be it Known, That on the day of A. D.

19 before me, , Register of Wills, etc., in and

for the County aforesaid, came and on

solemn oath did depose and say that he w well acquainted

with the foregoing instrument of writing purporting

to be the last Will and Testament of and fami-
liar with handwriting and signature, and that the sig-
nature of to the said writing is in own

proper handwriting, as verily believe.

Sworn and subscribed before me^

the above date. >

Register. J

Now, A. D. 19 , the testimony of the above

named witnesses being sufficient, I do hereby admit the fore-
going Will to Probate, and order the same to be recorded as
such.

Given under my hand the above date.

Register.

38. CITATION TO SHOW CAUSE WHY LETTERS

SHOULD NOT ISSUE.
Allegheny County, ss:

Commonwealth of Pennsylvania.

To at the instance of by his Attorney

You ,are hereby cited to be and appear before me, ,



526 FORMS 38, 39, 40

Register of the Probate of Wills, granting Letters of Administra-
tion, &c., in and for said County, on or before the

day of 19 , at my office, at Pittsburgh, then and there

to take out Letters of Administration on the estate of said

deceased, or show cause, if any, why said letters should not jssue

to said or some other fit person.

Given under my hand and seal of office, at Pittsburgh, this

day of A. D. 19

Register.

39. RENUNCIATION OF RIGHT TO ADMINISTER.
357-

Estate of Deceased.

The undersigned and heirs of late of

deceased, hereby renounce right to administer on said

estate and respectfully ask that Letters be issued to



Signed in presence of:

( Signatures )

40. PETITION FOR LETTERS OF ADMINISTRA-
TION. 358.

Application for Letters of Administration on the Estate of

late of deceased.

Register's Office, Allegheny County, ss:

Before the Register of Allegheny County, personally appeared

who, being sworn, says that being at the time

a resident of Allegheny County, and a citizen of

died intestate, at on A. D. at

M., possessed of personal estate to the value of $ and

of real estate (less encumbrances) to the value of $ as

nearly as can be ascertained, situate in That decedent's

heirs and next of kin are as follows:

Relationship Residence

That deponent, whose P. O. address is is a citizen

of the United States and a resident of Pennsylvania, and re-
spectfully applies for Letters of Administration upon the Estate
of said decedent.

Sworn and subscribed before me ~\

A. D. 19 y

Register.) (Signatures)



FORMS 40, 41 527

Register's Office, Allegheny County, ss:

192 , before me, the Register, personally appeared

about to become a surety in the sum of $ on

the administration bond in the above entitled estate, who, being

sworn, says that he resides at , Allegheny County, and is by

occupation a ; that he is the owner of real estate, the title

to which is in his own name and duly recorded, situate in

Allegheny County, worth, above, encumbrances, $ and

upward ; and that he is worth thd amount expressed in said bond
over and above his just debts and liabilities.

And on the same day there also personally appeared

likewise about to become a surety on said administration bond,

who, being sworn, says that he resides at Allegheny

County, and is by occupation a ; that he is the owner of

real estate, the title to which is in his own name and duly recorded,

situate in Allegheny County, worth above incumbrances,

$ and upward, and that he is worth the amount expressed

in said bond, over and above his just debts and liabilities.

Sworn and subscribed before me*\
the day and year aforesaid. >



-Register. (Signatures)



41. BOND AND OATH OF ADMINISTRATOR. 381-3.

Estate! of late of deceased.

Know all Men by these Presents, That we all of

Allegheny County, Pennsylvania, are held and firmly bound unto

the Commonwealth of Pennsylvania in the sum of dollars,

to be paid to the said Commonwealth, to which payment, well and
truly to be made, we do bind ourselves, jointly and severally, for

and in the whole, our heirs, executors and administrators

and each and every of them, firmly by these presents. Sealed

with our seals and dated the day of A. D. one

thousand nine hundred and

The Condition of this Obligation is, That if the above bounden
administrator of all and singular the goods, chattels



and credits of deceased, do make or cause to be made a

true and perfect inventory of all and singular the goods, chattels



528 FORMS 41

and credits of said deceased which have come or shall come to the
hands, possession or knowledge of the said administrator or
into the hands and possession of any other person or persons for
said administrator and the same, so made, do exhibit, or cause
to be exhibited, into the Register's Office, in the County of Alle-
gheny, within thirty days from the date hereof: and the same
goods, chattels and credits, and all other the goods, chattels and
credits of the said deceased at the time of decedent's death, which
at any time after shall come to the hands or possession of the said
administrator or into the hands and possession of any other
person or persons for said administrator do well and truly ad-
minister according to law ; and further, do make or cause to be
made a just and true account of said administration in one year
from the date hereof, or when thereunto legally required, and all
the rest and residue of the said goods, chattels and credits which
shall be found remaining upon the said administrator's account,
the same being first examined and allowed by the Orphans' Court
of Allegheny County, shall deliver and pay unto such person or
persons as the said Orphans' Court, by their decree or sentence
pursuant to law, shall limit and appoint, and shall well and truly
comply with the laws of this Commonwealth relating to collateral
inheritance ; and if it shall hereafter appear that any last Will and
Testament was made by the said deceased, and the same shall be
proved according to law, if the said administrator being there-
unto required to surrender the said letters of administration into
the Register's Office aforesaid, then this obligation to be void,
otherwise to remain in full force.
Sealed and delivered in the presence

of .

(Signatures)

(Seal)



Allegheny County, ss:

I, being duly sworn, do say that the above

named decedent, died intestate on the day of

A. D. 19 at M., as I verily believe. And I do fur-
ther swear that, as the administrator of the estate of said dece-
dent, I, will well and truly administer the goods and

chattels, rights and credits of said deceased, according to law, and



FORMS 41, 42 529

also will diligently and faithfully regard and well and truly com-
ply with the provisions of the law relating to collateral inher-
itances.

Sworn and subscribed before me this

day of 19

and letters of administration granted
unto .

R egister.

42. PETITION FOR LETTERS OF ADMINISTRATION
C. T. A. 358-9.

In Re- Probate of the Will of late of deceased,

and Grant Letters of Administration, cum testamento annexo.
Register's Office, Allegheny County, ss:

Before the Register of Allegheny County, personally appeared

who, being duly sworn, says that being at the

time; a resident of , Allegheny County, and a citizen of

, died at , on , A. D. , at

M., having first made last will and testament,

dated , wherein he appointed executor, which ex-
ecutor has since .

That testator was possessed of personal estate to the value of

$ , and of real estate (less encumbrances) to the value of

$ , as nearly as can be ascertained, situate in

That testator's heirs and next of kin are as follows :

Relationship Residence

That said testa has married and children

have been born to said testa since the execution of the Will
offered for probate.

That deponent, whose P. O. address is is a resident

of Pennsylvania, and respectfully petitions the Register to admit
said will to probate, and to grant letters of administration cum
testamento annexo on said estate to

Sworn and subscribed before me ]

A. D. 192 >



-Register.



Allegheny County, ss:

I, do swear that, as I verily believe, the above named

died on the day of A. D. at



34



530 FORMS 42, 43

M. ; and I do further swear that as the Administrator cum

testamento annexe of the estate of the said decedent will

well and truly administer the goods and chattels, rights and
credits of said deceased according to law, and also will diligently
and faithfully regard and well and truly comply with the provi-
sions of the law relating to inheritance tax.

Sworn and subscribed before me this

day of A. D. 192

and letters of Administration cum testa-
mento annexo granted unto (Signature.)



-Register.



43. OATH OF ADMINISTRATOR C. T. A. 382.

Allegheny County, ss:

I, do swear that, as I verily believe, the above named

died on the day of A. D. at

M. ; and I do further swear that, as the administrator cum

testamento annexo of the estate of the said decedent

will well and truly administer the goods and chattels, rights and
credits of said deceased, according to law, and also will diligently
and faithfully regard and well and truly comply with the provi-
sions of the law relating to collateral inheritances.

Sworn and subscribed before me this

day of A. D. 19 , and

letters of administration cum testamento
annexo granted unto



-Register.



(Signature.)



State of Pennsylvania, Allegheny County, ss:

I, William Conner, Register of Wills in and for said County,
do hereby certify the foregoing to be a true and correct copy of
the Affidavit of Death and of the Oath of office of the Adminis

trator c. t. a. in the estate of deceased, so full and entire

as the same remain of record in my office; and that Letters of

Administration c. t. a. on said estate were granted unto on

the day of A. D.

Given under my hand and seal of office, at Pittsburgh, this



Online LibraryRaymond Moore RemickThe statutory law of decedents' estates in Pennsylvania, with annotations and forms → online text (page 55 of 71)