Raymond Moore Remick.

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

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NOT BE GRANTED. 4.

In the Orphans' Court of Philadelphia County.
In Re Estate of William Doe, Deceased.

Petition for citation to show cause why an inquest in partition
should not be granted for premises street, Philadel-
phia.

To the Honorable, the Judges of the Said Court:

The petition of Catherine Doe, Mabel Doe and Ida Doe re-
spectfully represents:

1. That William Doe died a resident of Philadelphia County,

on the day of having first made, published

and declared his last will and testament dated a copy of

which is annexed hereto, duly probated on in the office

of the Register of Wills of Philadelphia County, and recorded in
Will Book No. page

2. The said decedent died seized of (describe premises) being

the same premises that and wife by indenture bearing

date the day of and recorded at Philadelphia,

in Deed Book at page granted and conveyed

unto the said William Doe, in fee, being known as premises

Street, Philadelphia.

3. After* providing for a life estate to his wife, Mary Doe, the

decedent directed that if the said premises Street, in the City

of Philadelphia, should be sold out of the proceeds thereof, Mary
Jones should be paid $100, and the residue should be divided
equally among his sons, James Doe, William Doe, and his
daughter, Kate Roe.

4. By proceedings in your Honorable Court a decree was en-
tered on the day of March whereby an exemption

of $300 was charged on said premises in favor of Mary Doe,
the widow. The said Mary Doe died a resident of Philadelphia
County, on

5. Mary Jones intermarried with one Peter Poe, and is living
and of full age and resides at Street, Philadelphia.

6. James Doe died intestate, a resident of Philadelphia County,

on the day of leaving to survive him a widow,

Anna Doe, and one child, a daughter, Anna Smith, both living
and of full age and residing at Street, Philadelphia.



FORMS 56 545

7. William Doe died on the day of intestate,

leaving to survive him a widow, Catherine Doe, and two children,
to wit: Mabel Doe and Ida Doe, all living and of full age and
your petitioners herein and all residing in Philadelphia.

8. Kate Roe died a resident of Philadelphia County, on the
day of intestate, leaving to survive her, no hus-
band or issue and leaving as her present heirs and next of kin,
Anna Smith, a daughter of James Doe, above set forth, and the
widow and children of William Doe, above set forth.

Wherefore, title to the above premises is now vested as follows :

Anna Doe, three-eighteenths; Anna Smith, six-eighteenths,
Catherine Doe, three-eighteenths; Mabel Doe, three-eighteenths;
Ida Doe, three-eighteenths, so that your petitioners collectively
are seized of one-half of the said premises, all subject, however,
to the legacy of $100, to Mary Jones.

That no partition or valuation of the said real estate has been
had and your petitioners therefore pray your Honorable Court
to grant a citation to the parties in interest to show cause why
an inquest should not be awarded to make partition, or valuation
of the said real estate.

And your petitioners will ever pray, etc.

(Signatures.)

State of Pennsylvania, County of Philadelphia, ss:

Catherine Doe, Mabel Doe, and Ida Doe, being duly sworn ac-
cording to law depose and say that they are the petitioners herein
and that the facts set forth in the foregoing petition are true and
correct to the best of their knowledge, information and belief.

Sworn to and subscribed before me this

day of 1921.

(Signature.)

In the Orphans' Court of Philadelphia County.

Term, , No. .

In re Estate of William Doe, Deceased.

DECREE.

And Now, To wit, this day of , 1921, upon con-
sideration of the annexed petition and on motion of , at-
torneys for the petitioners, it is hereby ordered and decreed, that
the prayer thereof be granted and that a citation be issued directed
35



546 FORMS 56, 57

to Anna Doe, Anna Smith and Mary Jones, to show cause why
an inquest should not be awarded to make partition or valuation
of premises (description), being known as Street, Phila-
delphia.

Returnable sec. leg.

By the Court :



J-

57. PETITION FOR CITATION TO SHOW CAUSE
WHY GUARDIAN AD LITEM SHOULD NOT BE
APPOINTED. 116, 616.

In the Orphans' Court of Philadelphia County.

In re Estate of , Deceased.

Term, , No. .

To the Honorable, the Judges of the Said Court:
The petition of the Trust Company respectfully rep-
resents :

1. That your petitioner is Trustee under the Will of ,

deceased, a copy of which is hereto annexed.

2. That your petitioner has filed its account in your Honorable
Court for audit at which proceedings it is necessary that certain
minors hereinafter set forth, interested contingently in remainder
be represented by a guardian ad litem.

3. That is a minor under the age of fourteen years,

interested contingently in remainder ; that said minor is the son of

and , both of whom are living and reside at ,

the said being a daughter of , who was a daughter

of the above decedent.

4. That is a minor over the age of fourteen years, inter-
ested contingently in remainder in the above estate; that said

minor is the daughter of and , both of whom are

living and both of whom reside in the City of , the said

, formerly , being a daughter of the above decedent.

5. That the said minors and their parents have neglected and
refused, though repeatedly requested so to do, to nominate any
one as guardian ad litem for said minors or petitioned your Hon-
orable Court for the appointment of such guardian.

Wherefore, your petitioner prays that a citation issue directed
to the said and , to show cause why the Court



FORMS 57 547

should not appoint a guardian ad litem for their son, ,

under the age of fourteen years and to and and

, a minor over the age of fourteen years to show cause

why a guardian ad litem should not be appointed for the said
minor for the purpose aforesaid, and it further prays that said
citation may be served upon the said and by reg-
istered mail.

And your petitioner will ever pray, etc.

TRUST COMPANY.

By

State of Pennsylvania, County of Philadelphia, ss:
being duly sworn according to law, deposes and says

that he is of the corporation petitioner and that the facts

set forth in the foregoing petition are true to the best of his

knowledge, information and belief.

Sworn to and subscribed before me this

day of , 1921.



DECREE.

And Now, To wit, this day of , 1921, upon con-
sideration of the foregoing petition and on motion of ,

attorneys for the petitioner, It is hereby ordered and decreed,
That the prayer thereof be granted and a citation is hereby di-
rected to be issued to and , to show cause why a

guardian ad litem should not be appointed by the Orphans' Court

of Philadelphia County to represent , their son, a minor

under the age of fourteen years at the audit of the account of the

Trust Company, Trustee under the Will of , and to

and , to show cause why the Orphans' Court of

Philadelphia County should not appoint a guardian ad litem to

represent the said , a minor over the age of fourteen years

at the audit of the account of the Trust Company, Trustee

under the Will of , and it is further ordered and decreed,

That the said citation upon and , may be served

upon them by registered mail.

Returnable sec. leg.

By the Court:

J-



548 FORMS 58

58. PETITION UNDER THE REVISED PRICE ACT BY
EXECUTOR FOR LEAVE TO SELL REAL ES-
TATE AT PRIVATE SALE WHERE NO AU-
THORITY TO SELL IS GIVEN IN THE WILL.
183.

In the Orphans' Court for the County of Philadelphia.

In re Estate of , Deceased.

- Term, , No. .

Petition for Leave to Sell Real Estate.

To the Honorable, the Judges of the Said Court:

The petition of The Company, , respectfully

represents :

1. That it is sole executor under the will of , deceased,

copy of which is annexed hereto. and , the other

executors named in said will, having predeceased the testator.

2. That the said died on day of , leaving

a will duly probated by the Register of Wills of Philadelphia
County, and letters testamentary were granted thereon to your
petitioner as executor.

3. That the said , after certain bequests of sundry items

of personal effects and cash legacies, devised and bequeathed the
residue of his estate (insert here term of trust).

4. (Recite parties in interest.)

5. Among the assets of the said is certain real estate,

being premises Avenue, in the City of Philadelphia, known

and described as follows: (description).

being the same premises which , a single man, by indenture

bearing date the day of , and recorded at Philadel-
phia, in Deed Book , granted and conveyed unto the said

in fee.

6. That the said property has been sold by your petitioner,

subject to the approval of your Honorable Court, to for

the price or sum of , in cash, of which has been paid

on account, and the balance is to be paid upon the execution and
delivery of a deed for said premises.

7. That your petitioner has been advised by two disinterested

real estate experts that the price or sum of $ , is a full and

fair price for said premises, and more than could be obtained



FORMS 58 549

therefor at public sale. Affidavits to this effect are attached
hereto and made part hereof as "Exhibit B" and "Exhibit C."

8. That the said property is assessed for taxation in the City

of Philadelphia in the sum of $ , as will appear by official

certificate of the Board of Revision of Taxes annexed hereto as
"Exhibit D."

9. Your petitioner and all the parties interested in said real
estate in remainder or otherwise, consider it for the best interest
of the said estate that the said premises shall be sold for the price
or sum aforesaid.

10. Under the terms of the will of the said , your peti-
tioner is given no authority to sell said real estate, wherefore it
becomes necessary to apply to your Honorable Court for leave to
make said sale.

11. All the parties interested in said real estate under the terms
of said will, as hereinbefore recited, have agreed to said sale, and
have agreed that it is for the best interest of the estate for your
petitioner to make said sale, and have received actual notice of
this petition, either in person or by guardian, and have joined in
the prayer thereof.

Wherefore, your petitioner prays for leave and authority to

sell and convey said premises abovje described to the said

upon receipt of the balance of the purchase money to which your
petitioner is entitled ; said conveyance to vest title in said premises
in the purchaser in fee simple free and discharged from all trusts,
contingencies and remainders and indefeasible by any part or per-
sons having a present or expectant interest therein in accordance
with the provisions of the Act of Assembly in such case made
and provided.

And your petitioner will ever pray, etc.

County of Philadelphia, ss:

, being duly sworn according to law, deposes and says

that he is of the Corporation petitioner, and that the facts

set forth in the foregoing petition are true to the best of his
knowledge, information and belief.

Sworn to and subscribed before me this
day of A. D. 1919.



550 FORMS 58

JOINDER.

We, the undersigned, being all the parties having a present or
expectant interest in the real estate designated in the foregoing
petition and at large: described therein, do hereby certify that we
have had due notice of the intended presentation of the foregoing
petition and do join in the prayer thereof.

(Signatures.)

EXHIBIT "B."

State of , County of , ss:

Personally appeared , who, being duly sworn according

to law, deposes and says that he is a real estate expert of

years' experience; that during said period he has been engaged

in actively carrying on his profession in the County of ;

that he is familiar with the values of real estate in the vicinity of
the real estate referred to in the foregoing petition; that he has
examined the premises therein described and as the result of said

examination is of the opinion that the the sum of $ , in

cash represents! the full market value of the said premises and is
a greater price than could be obtained for the same at public sale,
and that a sale thereof at the said price would be to the best
interest and advantage of said estate; that he is not interested
as broker, agent or otherwise in the said sale.

Sworn to and subscribed before me this
day of , 1921.



DECREE.

And Now, To wit, this day of , the Court, on

motion of , attorneys for the petitioner, and upon con-
sideration of the foregoing petition, do grant the prayer thereof,

and do authorize and empower The Company ,

executor under the will of , deceased, to sell and convey :

(description).

to , for the price or sum of $ , and upon receipt of

the balance of said purchase price, to wit: $ , to make,

execute and deliver a deed therefor to the said in fee,

free and discharged from all trusts and remainders and inde-
feasible by any party or persons having a present or expectant



FORMS 58, 59 551

interest therein. Security to be entered in the sum of $ ,

and the bond of The Company for is hereby ap-
proved as such security.

By the Court :



J.

59. PETITION UNDER THE REVISED PRICE ACT
BY ANCILLARY EXECUTOR AND TRUSTEE
FOR LEAVE TO SELL REAL ESTATE AT PRI-
VATE SALE WHEN THE TIME FIXED FOR
SALE IN THE WILL HAS NOT ARRIVED. 183.

In the Orphans' Court of Chester County.

In the matter of the Estate of , Deceased.

Term, , No. .

Petition for Leave to Sell Real Estate at Private Sale.

To the Honorable, the Judges of the Said Court:

The petition of , Ancillary Executor and Trustee under

the Will of , deceased, respectfully represents:

1. That your petitioner individually and as Executor and

Trustee under the will of , deceased, is seized

of title in (description of property).

being the same premises which , Executors and Trustees

under the will of , et. al., by deed dated the day

of , and recorded in Deed Book for Chester County, ,

page , conveyed to in fee, and the said

afterwards intermarried with your petitioner and died on the

day of , a resident of , having first made,

published and declared her last will and testament dated the

day of , a copy of which is annexed hereto as Exhibit "A,"

duly probated in the County of , on the day of

, whereunder Letters Testamentary were duly issued to

your petitioner, .

2. On the day of , ancillary Letters Testamentary

were issued to your petitioner by the Register of Wills of Chester
County.

3. In and by said will after sundry pecuniary bequests herein-
after referred to testatrix provided: (recite provisions of will).

4. Of the said pecuniary legacies all of which are hereinafter
set forth the following have been paid: $ .



552 FORMS 59

5. All of said parties in interest are living and of full age and
have received notice of the intended presentation of this petition
and have joined in the prayer thereof.

6. Your petitioner is the residuary legatee under the said will.

7. Your petitioner has received a very advantageous offer for
the sale of the property hereinabove set forth and all parties in
interest have requested that the sale be consummated, but owing
to the restriction in the will that the property shall be held for a
period of three years after the death of the testatrix, the power
of sale given to your petitioner in the will is not yet operative and
it is necessary that your petitioner apply to your Honorable Court
for leave and authority to make the said sale.

8. Subject to the approval of your Honorable Court the prem-
ises described have been sold at private sale to for the

price or sum of $ in cash.

9. Your petitioner is of the opinion that the price offered for
the said real estate is full and fair and better than could be ob-
tained for the same at public sale and that it would be for the

best interest and advantage of the estate of , deceased,

that the said sale be consummated in accordance with the terms
hereinabove set forth because the price offered is better than
could be obtained at public sale and that the sale may be made
without injury or prejudice to any trust, charity or purpose for
which the same is held and without the violation of any law which
may confer an immunity or exemption from sale or alienation.

10. Your petitioner has been assured by two real estate experts
experienced in the values of properties in the neighborhood of
those hereinabove referred to that the price offered for the same
is full and fair and the best that could be obtained at public sale.
Their affidavits to this effect are hereto annexed as Exhibits "B"
and "C."

11. That all parties interested in the said estate as hereinabove
set forth, are satisfied that the price offered for the said premises
is a full and fair one and better than could be obtained at public
sale, and that the acceptance of the same will be for the best
interests of the estate.

12. That the said premises are assessed for taxation in the
sum of $ , as appears by the official certificate hereto an-
nexed marked Exhibit "D."



FORMS 59 553

13. Your petitioner therefore prays your Honorable Court
for leave and authority to sell and convey the premises herein

described to the for the price or sum of $ , in cash ;

said conveyance to vest the title in the purchaser in fee simple,
freed and discharged of all trusts, contingencies and remainders,
and indefeasible by any party or persons having a present or ex-
pectant interest therein in accordance with the Act of Assembly
in such case made and provided.

And your petitioner will ever pray, etc.



Ancillary Executor and Trustee under
the will of , deceased.

State of Pennsylvania, County of , ss:

being duly sworn according to law, deposes and says

that he is the petitioner in the foregoing petition and that the facts
set forth therein are true to the best of his knowledge, informa-
tion and belief.

Sworn to and subscribed before me this
day of , 1921.



JOINDER.

We, the undersigned, being all the parties interested in the
premises referred to in the foregoing petition, hereby acknowl-
edge that we have received notice of the intended presentation of
the foregoing petition and join in the prayer thereof.



(Signatures.)
(Exhibit "B" and "C." See Form 58 supra.)

DECREE.

And Now, to wit, this day of , 1921, on con-
sideration of the foregoing petition and affidavits thereto annexed,

and on motion of , attorneys for the petitioner, it appearing

that it would be to the best interest and advantage of the estate



554 FORMS 59, 60

of , deceased, that the premises described in the petition

should be sold to at private sale for the sum of $ ,

in cash, and that the said price is better than can be obtained at
public sale, and that the same may be done without injury or
prejudice to any trust, charity or purpose for which the same is
held and without the violation of any law which may confer an
immunity or exemption from sale or alienation, it is ordered and

decreed that the said sale be confirmed and that the said ,

Ancillary Executor and Trustee under the will of , de-
ceased, is hereby authorized and empowered to convey the said
premises, to wit: (description of property).

at private sale for the price of $ , in cash, to , the

title of the purchaser to be a fee simple title, indefeasible by any
party or persons having a present or expectant interest in the said
premises and unprejudiced by any error in the proceedings of the

Court ; security to be entered in the sum of $ .

By the Court:



J. '

60. PETITION UNDER THE REVISED 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.

In the Orphans' Court of Philadelphia County.

In re Estate of , Deceased.

Term, , No. .

Petition for Leave to Sell Real Estate at 1 Private Sale.

To the Honorable, the Judges of the Said Court:

The petition of Church, of Philadelphia, respectfully

represents :

i. That by Deed Poll bearing date the day of ,

and recorded at Philadelphia, in Sheriff's Book , page ,

Sheriff of Philadelphia County, granted and conveyed (here de-
scribe property),
now known as Street, to in fee.



FORMS 60 555

2. That by Deed Poll bearing date the day of ,

and recorded at Philadelphia, in Sheriff's Book No. , page

, Sheriff of Philadelphia County, granted and conveyed

(description) :

now known as Street, to in fee.

3. The said being so seized of said premises died on

the day of , having first made, published and de-
clared his last Will and Testament dated , and Codicil

thereto dated , copy of which is hereto annexed as Exhibit

"A," both duly probated in the Office of the Register of Wills
of Philadelphia County on the day of .

4. In and by the said Will the said provided (here

recite term of. trust under will) :

and your petitioner has held the premises hereinabove described
for the uses and purposes of the said trust from the date of the
death of the said decedent until the date hereof.

5. The houses erected on the said premises are very old and
in a very dilapidated state of repair, so that in order to continue
them in a tenantable condition, many hundreds of dollars would
have to be spent to put them in good repair and out of its present
funds your petitioner is unable to finance the said repairs and
improvements.

6. Subject to the approval of your Honorable Court, premises

Street, as hereinabove described, have been sold to ,

for the price or sum of $ , in cash and premises

Street, as hereinabove described, have been sold to for

the price or sum of $ in cash.

7. The said sales were duly authorized under the Rules and
practice of your petitioner at a special meeting of the Board of
Trustees of your petitioner duly called and regularly held on the

day of , and ratified and confirmed at a special

meeting of the congregation of your petitioner duly called and
regularly held on the day of .

8. Your petitioner is of the opinion that the prices offered for
the said real estate are full and fair and better than could be
obtained for the same at public sale and that it would be for the
best interest and advantage of the trust under which said premises
are held that the said sales be consummated in accordance with
the terms hereinabove set forth because the prices offered are



556 FORMS 60

better than could be obtained at public sale; that the sales may
be made without injury or prejudice to any trust, charity or pur-
pose for which the same are held and without the violation of any
law which may confer an immunity or exemption from sale or
alienation.

9. Your petitioner has been assured by two disinterested real
estate experts experienced in the values of properties in the
neighborhood of those hereinabove referred to that the prices
offered for the same are full and fair and the best that could
be obtained at public sale. Their affidavits to this effect are hereto-
annexed as Exhibits "B" and "C."

10. That the said premises are assessed for taxation in the sum
of $ , each as appears by the official certificate hereto an-
nexed marked Exhibit "D."

11. Your petitioner has no power of sale under the terms of the
will of the above decedent as hereinabove set forth, and there-
fore presents this petition to your Honorable Court to obtain its
consent thereto under and by virtue of Section 2 (a) (5) of the
Revised Price Act of 1917.

12. Your petitioner therefore prays your Honorable Court for
leave and authority to sell and convey the premises herein de-
scribed, to wit : Street, to , for the price or sum of

$ , in cash and premises Street, to for the

price or sum of $ in cash ; said conveyance to vest the title

in the purchasers in fee simple freed and discharged of all trusts,
contingencies and remainders, and indefeasible by any party or
persons having a present or expectant interest therein in accord-
ance with the Act of Assembly in such case made and provided.

And your petitioner will ever pray, &c.

Church,

By

President.
Attest :



Secretary.



FORMS 60 557

State of Pennsylvania, County of Philadelphia, ss:

being duly sworn according to law, deposes and says

that he is the President of the Board of Trustees of the

Church, of Philadelphia, and that the facts set forth in the fore-
going petition are true to the best of his knowledge, information
and belief.

Sworn to and subscribed before me this
day of , 1920.



EXHIBIT B.
(See Form 58 supra.)

DECREE.

And Now, to wit: this day of , 1920, on con-



Online LibraryRaymond Moore RemickThe statutory law of decedents' estates in Pennsylvania, with annotations and forms → online text (page 57 of 71)