Raymond Moore Remick.

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

. (page 56 of 71)
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day of A. D. 19

Register.



FORMS 44 531

44. BOND OF ADMINISTRATOR C. T. A. 383.

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 sev-
erally for and in the whole, our heirs, executors and adminis-
trators, and each and every of them, firmly by these presents.

Sealed with outi seals and dated the day of A. D.

nineteen hundred and

The Condition of this Obligation is, That if the above bounden
administrator cum testamento annexe of all



and singular the goods, chattels and credits of deceased,

do make, or caused to be made, a true and perfect inventory of
all and singular the goods, chattels and credits of said deceased,
which have come or shall come to the hands, possession or knowl-
edgt 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 Reg-
ister's Office, in the County of Allegheny, within thirty days from
the date hereof ; and the same goods, chattels and credits, and all
other goods, chattels and credits of the said deceased at the time
of death, which at any time after shall come to the hands or pos-
session of the Administrator or in the hands and posses-
sion of any other person or persons for said administrator, do
well and truly administer according to law ; and further, do make,
or cause to be made, a just and true account of said administra-
tion, in six months from the date hereof, or when thereunto
legally required, and all the rest and residue of the said goods,
chattels and credits, together with the proceeds of any sales of
real estate the said administrator may make under the will of
decedent, which shall be found remaining upon the said admin-
istrator'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 inheritance tax; and if it shall hereafter appear that
any Will and Testament was made by the said deceased, and the
same shall be approved according to law, if the said adminis-



532 FORMS 44, 45

trator , being thereto required, do surrender the said letters of
administration into the Register's Office aforesaid, then this obli-
gation to be void, otherwise to remain in full force.
Sealed and delivered in the presence of :



(Signatures.)
Register's Office, Allegheny County, ss:

-19 , before the Register personally appeared



about to become a surety in the sum of , on the admin-
istration 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 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.

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. J (Signatures.)



45. BOND OF NON-RESIDENT EXECUTOR. 384.

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 Commowealth, to which payment
well and truly to be made, we do bind ourselves, jointly and sev-
erally, for and in the whole, our heirs, executors and adminis-
trators, and each and every of them, firmly by these presents.

Sealed with our seals, and dated the day of

A. D. nineteen hundred and



FORMS 45 533

The Condition of the Obligation is, That if the said

executor of the last will and testament of deceased,

shall make a true and perfect inventory of all and singular the
goods, chattels and credits of the said deceased, being within this
Commonwealth, which have come or shall come to his hands, pos-
session or knowledge, or into the hands and possession of any
person for him, and the same so made to exhibit into the
office of the Register of the County of Allegheny within
thirty days from the date hereof, and the same goods do
well and truly administer according to law, and make a just and
true account of all his actings and doings therein, in six months
from the date hereof, or when thereunto lawfully required, and
shall well and truly comply with the laws of this Common-
wealth relating to Collateral Inheritances and in all other respects
with the laws of this Commonwealth relating to his duty as
Executor, then this obligation to be void, otherwise of force and
effect.

Sealed and delivered in the presence of :

(Seal)

(Signatures.)



Register's Office, Allegheny County, ss:

19 , before the Register personally appeared



about to become a surety in the sum of , on the admin-
istration 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 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.

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,



534 FORMS 45, 46, 47

$ 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.)



46. PETITON FOR PROBATE OF FOREIGN WILL.
266.

In Re Probate of the Authenticated Copy of the Will of

late of deceased..

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 County and citizen of died

at on A. D. at M., having first

made last will and testament, dated

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

of Pennsylvania, and respectfully petitions the Register to admit
said will to probate.

Sworn and subscribed before me
A. D., 19



-Register. \ (Signature.)



47. CERTIFICATE OF FILING FOREIGN WILL. 592.

State of Pennsylvania, Allegheny County, ss:

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

County do hereby certify that pursuant to the provisions and re-
quirements of an Act of Assembly, entitled, "An Act relating to
Foreign Executors, Administrators, Guardians and Representa-
tives of Decedents and Wards," approved April 8th, 1872 (P.
L. 44), amended June 13, 1911, A. D. (P. L. 892); amended



FORMS 47, 48 535

June 7, 1917 (P. L. 525) Executors of the last will and

testament of deceased filed in this office a duly authen-
ticated copy of the last will and testament of the said

late of deceased, together with affidavit of Executor

required by Act of June 7, 1917,

Witness my hand and seal of said office, at Pittsburgh, Pa.,

this day of A. D. 19

Register.

48. PETITION FOR ANCILLARY LETTERS OF AD-
MINISTRATION ON FOREIGN WILL. 592.

In Re Probate of the Authenticated Copy of the Will of

late of deceased and Grant of Letters of Administration,

cum testamento annexe.

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 County and citizen of died

at on A. D. at M., having

first made last will and testament, dated wherein

he appointed executor, which executor 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 deponent, whose P. O. address is is a resident

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

Sworn and subscribed before me "^

A. D. 19 >



-Register.] (Signature.)



Allegheny County, w:

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



536 FORMS 48, 49, So

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. 19

and ancillary letters of administration cum

testamento annexe granted unto (Signature.)



-Register.



49. CERTIFICATE OF FILING FOREIGN LETTERS

OF ADMINISTRATION. 592.

State of Pennsylvania, Allegheny County, ss:

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

County do hereby certify that pursuant to the provisions and re-
quirements of an Act of Assembly, entitled, "An Act relating to
Foreign Executors, Administrators, Guardians and Representa-
tives of Decedents and Wards," approved April 8th, 1872 (P. L.
44), amended June 13, 1911, A. D. (P. L. 892) ; amended June

7, 1917 (P. L. 525) Administrat of the estate of

deceased, filed in this office a duly authenticated copy of

letters of administration issued on the estate of said

late of deceased, together with affidavit of Adminis-
trator required by Act of June 7, 1917

Witness my hand and seal of said office, at Pittsburgh, Pa.,

this day of A. D. 19

Register.

50. APPEAL FROM THE REGISTER. 281.

State of Pennsylvania, Allegheny County, ss:
To the Register of Wills of Allegheny County.

Estate of deceased.

The undersigned hereby appeals to the Orphans' Court of said
County from the decision of the Register of Wills in the above
estate, admitting to probate a certain paper writing, dated the

day of 19 as the last will and testament

of said decedent, and granting letters testamentary thereon.

(Signature.)



FORMS 50, 51 537

being duly sworn, doth depose and say that the above

mentioned appeal is not intended for delay.

Sworn to and, subscribed before me the

day of A. D. 19

R egister.

And now, security in the above appeal is fixed in the

sum of $

Register.

And now, 19 Bond of Appellant , with sureties

in the sum of Dollars, filed and approved.

Register.

51. BOND OF CAVEATOR. 281.

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 sev-
erally, for and in the whole, our heirs, executors and adminis-
trators, and each and every of them, firmly by these presents.

Sealed with our seals, and dated the day of

A. D. nineteen hundred and

Whereas, the said on the day of

A. D. 191 filed in the office of the Register of Wills of Alle-
gheny County, Pennsylvania, a Caveat against the admission to
probate of any paper writing alleged to be the last Will and Test-
ament of deceased, or the granting of Letters

on the estate of deceased,

Now the Condition of this Obligation is, That if the said
Caveator shall pay any and all costs which may be occasioned by
reason of such caveat, and which may be decreed by such Register
of Wills, or by the Orphans' Court of Allegheny County, to be
paid by such Caveator, then this obligation to be void, otherwise
to remain in full force and virtue.

Sealed and delivered in the presence of :

(Seal)

( Signatures. )
Register's Office, Allegheny County, ss:

191 , before the Register personally appeared

about to become a surety in the sum of on the Caveator's



538 FORMS 51, 52

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 1 of real estate, the title to which is

in his own name and duly recorded, situate in Allegheny

County, worth, above incumbrances, $ and upwar.d, and

that he is worth the 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 Caveator's 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. I (Signatures.)



52. INVENTORY AND APPRAISEMENT. 392.

State of Pennsylvania, County of Allegheny, ss:

Personally came before me in and for said County,

the following named persons, viz : who, being duly sworn,

do depose and say that they, at the request of will well

and truly and without prejudice or partiality, value and appraise

the goods and chattels, rights and credits, which were of

deceased and in all respects perform their duties as appraisers to
the best of their skill and judgment.

Sworn and subscribed before me this

day of 19

(Signatures.)

Inventory and Appraisement of the goods and chattels, rights

and credits, which were of late of taken and

made in conformity with the above deposition.

(Note. Appraisers should sign inventory at the end thereof.)

Dollars Cents.



FORMS 53, 54 539

53. AFFIDAVIT OF NON-RESIDENT EXECUTOR AS

TO DEBTS AND TRANSFER OF SECURI-
TIES. 592.

In Re Estate of Deceased.

State of County of ss:

Before me, the undersigned authority, a Notary Public, in and

for the County and State aforesaid, personally appeared

who, being sworn according to law, deposes and says that he is

the executor of the estate of Deceased, late of

that the said decedent is not indebted to any; person in the Com-
monwealth of Pennsylvania, and the proposed transfer, assign-
ment, receipt or entry of satisfaction is not made for the purpose
of removing any of the assets of said decedent beyond the reach
of any of the creditors in the Commonwealth of Pennsylvania.

-(Seal)
(Signature.)
Sworn to and subscribed before me, the

day of A. D. 191

Notary Public.

54. PETITION FOR DISTRIBUTION OF INTES-

TATE'S ESTATE. 552.

In the Orphans' Court of Allegheny County, State of Pennsyl-
vania :

Estate of Deceased.

The Statement of respectfully represents :

(a) The decedent died 192 intestate, and at that

time was domiciled in and resided in and letters

of administration on estate (a copy being hereto at-*

tached marked Exhibit "A") were granted 192 and

on the day of 192 bond in the sum of

$ was approved.

Letters were advertised in the and Pittsburgh Legal

Journal, the last publication having been made on the

day of and the day of 192 re-
spectively, and proofs of publication marked Exhibit "B" are
attached. An inventory, a copy of which is hereto attached and
marked Exhibit "C" was filed on the day of 192

(// any additional assets have been received since filing the
account state the amount and nature thereof, also interest on
balances to date of first day of audit.)



540 FORMS 54

(b) Exemption claimed by widow or children.

(c) All creditors of whose claims the accountant ha notice or
knowledge before filing the account, have received actual notice
of the filing of the account ; the amounts of these claims, together
with those received since filing the account, and whether they are
admitted to be correct are as follows :

Name Amount

(Give preferred claims first and mark P. If claims too many
for the space, annex a list thereof marked Exhibit "D ;" if no
such claims, insert the word "none." If any creditor or other
claimant has not received actual notice, that must be stated. If
proceeds of sale of land for payment of debts, attach List of
Liens, marked Exhibit "H.")

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

collateral inheritance tax to the State of Pennsylvania,

and is subject to the payment of a Federal Inheritance

Tax.

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

(e) Decedent was

(State whether decedent was married; if married, whether a
husband on wife survived, and his or her name, and whether the
marriage relationship was maintained, and whether the decedent
left children or issue of deceased children and whether there has
been any marriage settlement.)

(f) The names of all persons having any interest as heirs, or
next of kin, including adopted children (with the names of their
parents to show relationship if necessary), are as follows:

Names Next of kin or heirs Of age or not

(write yes or no) Name of guardian, trustee or com-
mittee, if any, and give reference to number and term of appoint-
ment Amount of bond $

(g) 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, and names of parties, if
any, in the military service who would be adversely affected by a
decree of distribution.)

(h) All parties, other than creditors, including the represen-
tatives of persons who are not sui juris, having any interest have
had notice of the filing of the account.



FORMS 54, 55 541

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



(State appraised value of land set apart under Sec. 2-a of the
Intestate Act of 1917, amended by Act of 1917, P. L. 755, if
any.)



(Insert a reference to all questions requiring adjudication, and
a statement of any material facts not already given. If none,
insert the word "none." State if any advancement or settlement
{see Sec. 22, Intestate Act), was made by decedent, or distribu-
tion by accountant, or if any share has been assigned or attached.)

(k) Kind of property to be distributed and elections to take in
kind, if any.

(State the ikind of property of which the balance consists; if
not cash, state whether there has been an election to take in kind,
and if so, attach copy marked Exhibit "P.")

(1) Contracts, assignments and other writings -

(Attach original or certified copies of contracts, assignments,
and other writings each separately marked as an Exhibit, begin-
ning with "G.")

Wherefore, your accountant asks that distribution of the bal-
ance of principal and income be awarded to the persons thereunto
entitled as set forth in paragraphs (c), (d), (f) and (g) hereof.

And your accountant will, etc.

Administrator or Administratrix.

(Signatures.)

55. PETITION FOR DISTRIBUTION UNDER A WILL.
552.

In the Orphans' Court of Allegheny County, State of Pennsyl-

vania :

Estate of - Deceased.
The statement of - respectfully represents :
(a) The decedent died - 192 - testate, and at that
time was domiciled in - and resided in - and let-
ters testamentary on h estate (a copy of same and the will
and codicil being hereto attached marked Exhibit "A") were
granted - 192 - and on the - > day of -
192 - bond (if any) in the sum of $ - was approved.



542 FORMS 55

Letters were advertised in the - and Pittsburgh Legal
Journal, the last publication having been made on the -
day of - and the - day of - 192 - re-
spectively, and proofs of publication marked Exhibit "B" are
attached. An inventory, a copy being attached and marked Ex-
hibit "C," was filed on the - day of - 192 -

(// any additional assets have been received since filing account
state the amount and nature thereof, also interest on balances to
date of first day of audit.)

(b) Exemption claimed by widow or children.

(c) All creditors of whose claims the account ha notice or
knowledge before filing the account, have received actual notice
of the filing of the account ; the amounts of these claims, together
with those received since filing the account, and whether they are
admitted to be correct are as follows:

Name - Amount -

(Give preferred claims first and mark P. If claims too many
for the space, annex a list thereof marked Exhibit "D;" if no
such claims, insert the word "none." If any creditor or other
claimant has not received actual notice, that fact must be stated.
If proceeds of sale\ of land for payment of debts, attach List of
Liens, marked Exhibit "E")

(d) The estate is - subject to the payment of direct
- collateral inheritance tax to the State of Pennsylvania,
and is - subject to the payment of a Federal Inheritance
Tax.

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

(e) Decedent was -

(Did husband or wife survive? Has there been any marriage
settlement? Was the family relation maintained? If there is
an election comply with Sec. 23 of Wills Act of 1917, and attach
copy marked Exhibit "P.")



(Were children born after date of will, or codicil if any? If
so, give names and date of birth.)

(g) -

(Is there intestacy as to any part of the estate? If so, give the
facts.)

(h) The names of all persons having interest as legatees, heirs,
next of kin, including adopted children, and devisees (with the



FORMS 56 543

names of their parents to show relationship if necessary), are as
follows :

Names Legatees, next of kin, heirs or devisees

Of age or not (write yes or no) Name of guardian,

trustee or committee, if any, and give reference to number and
term of appointment Amount of bond $

(*) 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, and names of parties,
if any, in the military service who would be adversely affected by
a decree of distribution.)

(/) All parties, other than creditors, including the represen-
tatives of persons who are not sui juris, having either a vested

or contingent interest, have had notice of the filing of

the account.

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

(k)

(Refer to any questions requiring adjudication and a statement
of any material facts not already given. If none, insert the word
"none."

(I) Kind of property to be, distributed and elections to take in
kind if any.

(State the kind of property of which the balance consists. If
it is not cash, state whether there has been an election to take in
kind. If so, attach original or copy marked Ex. "G.")

(m)

(State if any distribution has been made and if any share has
been assigned or attached. If advancements are charged in the\
will are they charged in the account. If there is partial intestacy,
has any settlement been made? See Sec. 22, Intestate Act.

(n) Contracts, assignments and other writings.

(Insert schedule of contracts, assignments and other writings,
and attach originals of copies thereof certified by counsel and
mark each as an Exhibit, beginning with "H.")

Wherefore, your accountant ask that distribution of the
balance of principal and income be awarded to the persons there-
unto entitled as set forth in paragraphs (c), (d), (h) and (t)
hereof.

Executor or Executrix.

(Signatures.)



544 FORMS 56

56. PETITION FOR CITATION TO SHOW CAUSE
WHY AN INQUEST IN PARTITION SHOULD



Online LibraryRaymond Moore RemickThe statutory law of decedents' estates in Pennsylvania, with annotations and forms → online text (page 56 of 71)