Raymond Moore Remick.

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

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sideration of the foregoing petition and affidavits thereto annexed
and on motion of , attorneys for the petitioner, it appear-
ing that it would be to the best interest and advantage of the estate

of and of the trust under which the Church, of

Philadelphia, holds title to the premises hereinafter described that

the premises described in the petition, to wit: Street,

should be sold to for $ in cash at private sale and

Street, should be sold to , at private sale for the

sum of $ in cash, and that the said prices are 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 are held and without the violation of any law
which may confer an immunity or exemption from sale or aliena-
tion, it is ordered and decreed that the said sales be confirmed

and that the said Church, of Philadelphia, is hereby

authorized and empowered to convey the said premises, to wit:
(here insert descriptions) :

known as Street, to for $ in cash ; the titles

of the purchasers to be fee simple titles, 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-



558 FORMS 61

61. PETITION UNDER THE REVISED PRICE ACT
BY TRUSTEE FOR LEAVE TO SELL REAL ES-
TATE AT PRIVATE SALE WHERE THE TRUS-
TEE HAS NO POWER OF SALE UNDER THE
WILL. 183.

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, substituted trustee

under the will of , deceased, respectfully represents :

1. died , having first made, published and de-
clared his last Will and Testament dated , duly probated

in the Office of the Register of Wills of Philadelphia County,

wherein and whereby the decedent appointed his sons, and

executors and trustees, both of whom are now deceased.

A copy of the will is hereto annexed as Exhibit "A."

2. That by the adjudication of your Honorable Court dated

, sur the account of the Executors of the said estate, the

residue of the estate was awarded to and , execu-
tors, in trust under the terms of the will.

3. That the said died upwards of twenty years ago

and that the said , the surviving executor and trustee died

on the day of , and your Honorable Court by decree

dated the day of , appointed the Trust

Company substituted trustee under the will of the said decedent.

4. That in addition to the personal estate awarded to said
trustees under said adjudication, the deceased also possessed cer-
tain real estate in the City of Philadelphia, amounting in value
to upwards of $ .

5. Under his will, the decedent gave his executors the power
to sell certain real estate in the City of Philadelphia, and specif-
ically forbade that they sell any other including the premises
herein described, until after the decease of his three daughters,
to wit, and , two of whom are still living.

6. By the terms of his will the decedent gave the residue of
his estate to his executors in trust (recite terms of trust) :

7. (Recite parties in interest and how acquired).



FORMS 61 559

8. Among the assets of the residuary estate of the said dece-
dent, title to which is now vested in your petitioner is (describe
property by latest deed) :

being known as premises Street, in the City of Philadel-
phia, and being the same premises that by Indenture

bearing date the day of , and now recorded at

Philadelphia, in Deed Book , page , &c., granted

and conveyed unto the said in fee.

9. The said premises Street, are in very poor condi-
tion. The roof, woodwork and interior all need general over-
hauling. The property is now rented at $ per month, or

$ per year. The fixed charges, including taxes and water

rent, amount to $ , and the average cost of repairs is ap-
proximately $ annually, so that the net return averages

$ per year, which is interest at 6 per cent, on $ .

If the proposed sale, however, herein referred to, is approved by

your Honorable Court, approximately $ will be available

to the estate on which the annual return will amount to $ .

10. Subject to the approval of your Honorable Court, the

premises above described have been sold at private sale to

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

and $ secured by the bond and mortgage of the grantees

in the usual form with interest at 6 per cent, per annum, payable
at the expiration of three years from the date thereof or all in
cash at the option of the purchasers.

11. 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, that the sale may be made with-
out 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.

12. 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 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,"



560 FORMS 61

13. 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
interest of the estate. The said parties have received notice of
the intended presentation of this petition and have joined in the
prayer thereof.

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

15. 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.

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

in cash and $ secured by the bond and mortgage of the

grantees in the usual form with interest at 6 per cent, per annum,
payable at the expiration of three years from the date thereof or
all in cash at the option of the purchasers; 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 expectant interest therein
in accordance with the Act of Assembly in such case made and
provided.

And your petitioner will ever pray, etc,

The 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.



FORMS 61 561

JOINDER.

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

EXHIBIT "B."

Commonwealth of Pennsylvania,
City and County of Philadelphia, ss:

Personally appeared , who, being duly sworn according

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

years' experience, now engaged in business at ; that during

said period he has been engaged in actively carrying on his pro-
fession in the County of Philadelphia; 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 sum of $ , $ in cash^and $

secured by the bond and mortgage of the grantees in the usual
form with interest at 6 per cent, per annum, payable at the expi-
ration of three years from the date thereof or all in cash at the
option of the purchasers. 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 thej best interest and advantage of said estate.

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



DECREE.

And Now, to wit: this day of , 1921, upon con-
sideration of the annexed petition and affidavits thereto attached
and on motion of , attorneys for the petitioner, it appear-
ing that it would be to the best interest and advantage of the

estate of that the premises described in the petition should

be sold to and , at private sale, for the sum of

$ , $ in cash and $ secured by the bond and

mortgage of the grantees in the usual form with interest at 6 per
cent, per annum, payable at the expiration of three years from
the date thereof or all in cash at the option of the purchasers and
36



562 FORMS 61, 62

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, // is ordered and decr.eed

that the said sale be confirmed and that the said Trust

Company, substituted trustee under the will of , deceased,

is hereby authorized and empowered to convey the said premises,
to wit: (description of property) :

being known as premises Street, Philadelphia, to

and , for the price of $ , $ in cash and $

secured by the bond and mortgage of the grantees in the usual
form with interest at 6 per cent, per annum payable at the expira-
tion of three years from the date thereof or all in cash, at the
option of the purchasers ; the title of the purchasers 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 $ , and the bond of the Trust Com-
pany is hereby approved as such security.
By the Court :



6a. 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.

In the Orphans' Court of Philadelphia County.

In re Estate of , Deceased.

Term, , No. .

Petition for Leave to Join in the Sale of Real Estate at Private

Sale.
To the Honorable, the Judges of the Said Court:

The petition of The Company, , Trustee of the

Estate of , deceased, respectfully represents:

i. That died , a resident of Philadelphia County,

seized of title to (description) :



FORMS 62 563

being known as Nos. Street, and Nos. Avenue,

being the corner of Street and Avenue,

Philadelphia.

2. The will of the said decedent dated , was duly pro-
bated on the day of , and Letters Testamentary

were duly granted to , one of the Executors named therein.

Copy of said will is hereto annexed marked Exhibit "A."

3. By his will the decedent provided inter alia as follows:
(recite provisions of will) :

4. In an adjudication by Judge , of the Orphans' Court

of Philadelphia County, sur account of , Trustee, wherein

the fund before the Court represented rents from real estate and
the award of a jury of view for damages caused to the decedent's

real estate by the change of grade of Street, the Court

held: * * *

5. In a later adjudication before Judge , sur the

account of The Company , Trustee, wherein the

fund accounted for represented a balance in the hands of the
accountant from the sale of certain real estate, the Court held:

* * *

6. The said was discharged as Trustee of the estate on

and on , The Company , was ap-



pointed Trustee of the said estate in his place and stead and holds
title as Trustee for an undivided four-ninths for the benefit of the
widow for life.
*^ * * *

8. (Recite parties in interest.)

9. Title to the said real estate is therefore vested as follows :

four-ninths in The Company , Trustee under the

will of , deceased, for the life of the widow ; one-ninth in

; one-ninth in ; one-ninth in ; one-ninth in

The Company , Guardian of the Estates of ,

subject to the life interest of ; one-ninth in

guardian of the estates of and , minors, subject to

the life interest of .

10. The said children and issue of deceased children are also
vested with the remainder interest in the four-ninths held in trust
as aforesaid for the life of the widow.

11. The premises hereinabove described are vacant lots from
which no income can be derived, but which, on the other hand,



564 FORMS 62

on account of taxes are a constant drain upon the estate for the
payment of which no income ia available.

12. Subject to the approval of your Honorable Court the

premises above described have been sold at private sale to

for the price or sum of $ in cash.

13. 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 their estate and all parties in
interest 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 because it would be
necessary to have partition proceedings to separate the ownership
of the various persons interested and by making the sale to the
said purchaser, the expense and delay of partition proceedings
can be avoided, and that it is not likely that the property will
increase in -value within the time necessary for the partition pro-
ceedings, 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.

14. Your petitioner has been assured by two disinterested real
estate experts experienced in the values of properties in the neigh-
borhood 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."

15. 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 man could be obtained at public
sale, and that the acceptance of the same will be for the best
interests of the estate. The said parties have received notice of
the intended presentation of this petition and have joined in the
prayer thereof.

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

17. 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.



FORMS 62 565

18. Your petitioner therefore prays your Honorable Court for
leave and authority to join with the other parties in interest in
the sale and conveyance of the premises herein described upon
receipt of the proportionate part of the purchase price to which

it is entitled to the said 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 re-
mainders, and indefeasible by any party or persons having a
present or expectant interest therein in accordance with the Act
of Assembly in such case made and provided.

And your petitioner will ever pray, etc.

By

Trustee of the Estate of , Deceased.

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.



JOINDER.

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

EXHIBIT "B" AND "C."
(See Form 58 supra.)

In the Orphans' Court of Philadelphia County.

In re Estate of , Deceased.

- Term, - , No. - .

DECREE.

And Now, to wit, this day of , 1921, on con-
sideration of the annexed petition and affidavits thereto annexed
and on motion of , attorneys for the petitioner, it appear-
ing that it would be to the best interest and advantage of the

estate of , deceased, that the premises described in the

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



566 FORMS 62, 63

$ 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 The Company , substituted Trustee under the

will of , deceased, is hereby authorized and empowered to

join in the sale and conveyance of the said premises, to wit:
(description) :

being known as Nos. Street, and Avenue, being

the corner of Street and Avenue, Phila-
delphia, to , at private sale for the price of $ in

cash, upon receipt of the proportionate part of the purchase price
to which it is entitled; 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 $ , and the bond of the said The Com-
pany , is hereby approved as such security.

By the Court :



(Note: In Philadelphia County it is now required that the
decree be the first page of the petition. This form of decree is
adapted for that purpose.)

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.

In the Orphans' Court of Philadelphia County.

In re Estate of , a minor.

Term, , No. .

Petition for Leave to Sell Real Estate at Private Sale.

To the Honorable, the Judges of the Said Court:

The petition of , Guardian of the estate of , a

minor, respectfully represents:



FORMS 63 567

1. That and wife by indenture bearing date the

day of , and recorded at Philadelphia, in the Office for

Recording of Deeds in and for the City and County of Phila-
delphia, in Deed Book , page , &c., granted and

conveyed (description of property) :

known as premises Street, Philadelphia, to in fee

under and subject to certain building restrictions and also under

and subject to the payment of a certain first mortgage of $

and a second mortgage of $ .

2. That the said , being seized of said premises died

on the day of , 1914, intestate, leaving to survive

him his wife, , and his daughter, a minor, as his

only heirs and next of kin whereby title to the said premises be-
came vested in the said minor, subject to the life interest of the
said in one-third thereof.

3. That the said has remised and released to the said

minor all her interest in said real estate so that the entire title
to the same is now vested in said minor.

4. That was appointed guardian of the estate of the

above minor by decree of the Orphans' Court of Montgomery
County, dated .

5. The improvements on the said premises consist of a two-
story brick dwelling without modern improvements which, up

to several months ago, had been rented for $ per month.

That the said premises were vacant for several months, but are
now occupied by a proposed purchaser pending the approval of
this agreement, with the understanding that he shall pay the

fixed charges thereon. The premises are assessed for $ .

In order to keep them in tenantable condition, it is estimated

that approximately $ per annum would have to be spent

for repairs. Taxes and water rent aggregate $ per year

and interest on the first mortgage at 6 per cent. $ per year,

leaving a net return of $ , which represents the interest on

an equity of approximately $ .

6. On paid the said second mortgage on the said prem-
ises which with the debt, interest and satisfaction fee, then

amounted to the sum of $ , which amount with interest

thereon from the said date she claims to have repaid to her out
of the proceeds of the sale of said property herein prayed for.

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



5 68 FORMS 63

the price or sum of $ in cash, that is, $ in cash sub-
ject to a first mortgage of $ .

8. 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 that the said

be consummated in accordance with the terms hereinabove set
forth; that the sale may be made without injury or pre-
judice 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.

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 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 "A" and "B."

10. That all parties interested in the said estate as hereinabove
set forth, are satisfied that the price offered for the said prem-
ises 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. The said parties have received notice
of the intended presentation of this petition and have joined in
the prayer thereof.

11. That the said premises are assessed for taxation in the

sum of $ , as appears by the official certificate hereto an-

nexe'd, marked Exhibit "C."

12. Your petitioner therefore prays your Honorable Court

for leave and authority to convey the said premises for $

in cash, over and above a first mortgage of $ , to ,

free, clear and discharged of all trusts, claims and demands, the
title of the purchaser to be in fee simple, indefeasible by any
party or persons having a present or expectant interest in the
premises and the purchase money to be in all respects substituted
for the land sold and to be applied to the uses of the same
persons for the same estate and the same interests that it is now
held.

And your petitioner will ever pray, &c.



Guardian of the Estate of , a minor.



FORMS 63 569

State of , County of , ss:

, being duly sworn according to law, deposes and says

that he is the petitioner herein and that the facts set forth in the
foregoing petition are true to the best of his knowledge, infor-
mation and belief.

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



JOINDER.

We, the undersigned, being all the parties interested in the
estate of , a minor, hereby acknowledge that we have re-
ceived notice of the intended presentation of the foregoing peti-
tion and join in the prayer thereof.



In the Orphans' Court of Philadelphia County.

In re Estate of , a minor.

Term, , No. .

DECREE.

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

attached and on motion of , attorneys for the petitioner,



Online LibraryRaymond Moore RemickThe statutory law of decedents' estates in Pennsylvania, with annotations and forms → online text (page 58 of 71)