Raymond Moore Remick.

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

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it appearing that it would be to the best interest and advantage

of the estate of , a minor and all parties interested therein,

that the premises described in the petition should be sold to

, at private sale for the price or sum of $ in cash,

under and subject to a first mortgage of $ ; 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 exemp-
tion from sale or alienation, It is ordered and decreed that the

said , Guardian of the estate of , a minor, is hereby

authorized and directed to convey the said premises to the said
, upon receipt of the said purchase price of $ , sub-
ject to the necessary adjustment at the time of settlement of
taxes and water rent among the persons entitled thereto and to
the repayment to of the sum of $ , with interest



570 FORMS 63, 64

thereon from , the title of the purchaser to be a fee simple

title, subject to certain building restrictions and subject to the said

first mortgage of $ , 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-

64. PETITION UNDER THE REVISED PRICE ACT
BY GUARDIAN FOR LEAVE TO JOIN WITH
OTHERS IN THE PRIVATE SALE OF REAL
ESTATE TO AVOID PARTITION. 183.

In the Orphans' Court of Philadelphia County.

In the matter of the Estate of , a minor.

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 , Guardian of the

Estate of , a minor, respectfully represents :

1. by indenture bearing date the day of ,

and recorded in the office for recording of deeds in and for the

City and County of Philadelphia, in deed book , etc.,

granted and conveyed unto , (insert description) :

being known as premises Street, Philadelphia.

2. being so seized of said premises died on the

day of , intestate, leaving to survive her, her husband,

and her daughter, , as her only heirs so that title

to said premises is now vested in the said , and the said

, each an undivided one-half share.

3. Your petitioner was duly appointed guardian of the estate

of the said minor , by decree of your Honorable Court,

dated .

4. is living and of full age.

5. Subject to the approval of your Honorable Court the prem-



FORMS 64 571

ises above described have been sold at private sale to , for

the price or sum of $ in cash.

6. Said premises consist of a lot feet inches by feet,
on the northeast corner of and Streets, Philadel-
phia, on which is erected a three-story brick dwelling, built about
fifty years ago, containing twelve rooms and no modern improve-
ments. The property is in rather poor condition and is now
vacant. If placed in good condition with modern improvements,

it would probably rent for approximately $ per month,

but your petitioner is without funds in the estate of the said
minor to provide the said improvements and it is the desire of
your petitioner and the said , the only other party in in-
terest, to sell the said premises and invest the proceeds so that
an income will be available for the benefit of the said minor,
rather than continue it in its present condition, whereby a very
small rent could be obtained as against heavy fixed charges with
a consequent loss to the estate of the said minor.

7. Your petitioner therefore is of the opinion that the price
offered for the said real estate is 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 estate of the said

minor, , 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 prop-
erty will increase in value within the time necessary for the par-
tition proceedings, 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.

8. 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."

9. That all parties interested in the said estate as hereinabove
set forth, are satisfied that the price offered for the said prem-



572 FORMS 64

ises is a full and fair one and beter 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.

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

11. Your petitioner has no power of sale and therefore pre-
sents this petition to your Honorable Court to obtain its consent
thereto.

12. Your petitioner therefore prays your Honorable Court for
leave and authority to join in the sale and conveaynce of the

premises herein described to the said , for the price or sum

of $ , in cash ; said conveyance to vest the title in the pur-
chaser in fee simple, freed and discharged of all trusts, contin-
gencies and remainders and indefeasible by any party or per-
sons 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 Company , Guardian

of the Estate of } , a minor,

By

State of Pennsylvania,
City and 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 and correct to the
best of his knowledge, information and belief.

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



In the Orphans' Court of Philadelphia County.

In the matter of the Estate of , a minor.

Term, , No. .



FORMS 64, 65 573

DECREE.

And Now, to wit, this day of a , 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 , a minor, 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 1 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 , Guardian of the Estate of

, is hereby authorized and empowered to join in the sale

and conveyance of the said premises, to wit, (description) :
being known as premises Street, Philadelphia, to



for the price or sum of $ , in cash; the title of the pur-
chaser to be a fee simple title, indefeasible by any party or per-
sons 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 Company , is hereby approved as such

security.

By the Court :



65. PETITION UNDER THE REVISED PRICE ACT
BY TRUSTEE FOR LEAVE TO SELL AN IRRE-
DEEMABLE GROUND RENT AT PRIVATE
SALE. 183.

In the Orphans' Court for the County of Philadelphia.

In re Estate of , Deceased.

- Term, - , No. -

Petition for Leave to Sell Ground Rent at Private Sale.

To the Honorable, the Judges of the Said Court:

The petition of the Acme Trust Company, Trustee under the
will of , Deceased, respectfully represents :



574 FORMS 6s

1. That , late of the City and County of Philadelphia,

died , having first made and published his last will and

testament, duly probated in the office of the Register of Wills
in and for the County of Philadelphia.

2. In and by said will testator (here recite pertinent provisions
of will) :

A copy of the will of is annexed hereto and

marked Exhibit "A" and made a part hereof.

3. (Recite here parties in interest and how acquired.)

4. That among the assets of the residuary estate of the above
decedent is the following described irredeemable ground rent, to
wit: (give here description in latest deed) :

being the same ground rent that was acquired inter alia by the

said by indenture bearing date the day of ,

and recorded at Philadelphia, in Deed Book , No. ,

page , etc., being now known as premises Street,

in the City of Philadelphia.

5. That a sale of the aforesaid irredeemable ground rent has
been made subject to the approval of your Honorable Court to
, for the price or sum of $ in cash.

6. That although there is a power of sale under the will of

, deceased, your petitioner is advised that said power does

not cover the interest of , and her husband and the

interest of , and his wife, purchased by your peti-
tioner by virtue of proceedings duly had in this Court. This
petition is therefore presented.

7. Your petitioner has been assured by real estate experts
familiar with the values of real estate in the vicinity that the

price or sum of $ is a full and fair price for the said

ground rent and is more than could be obtained therefor at public
sale. Their affidavits are attached hereto and made part hereof
as Exhibits "B" and "C."

8. That the said property out of which the said ground rent

is payable is assessed in the sum of $ , as will appear by

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

9. That your petitioner is of the opinion that it is for the
best interest and advantage of the said estate to sell the said
ground rent as herein set forth.



FORMS 65 575

10. That all of the parties in interest as hereinabove set forth
have joined in the prayer of this petition.

11. That the said sale may be made without injury or preju-
dice to any trust, charity or purpose for which the same is held
and without the violation of any law which may confer immu-
nity or exemption from sale or alienation.

Wherefore your petitioner being without authority as afore-
said to make sale of said ground rent without the order of your
Honorable Court, makes this application under the Revised
Price Act of 1917, and prays for leave and authority to sell,
assign and convey the said ground rent hereinbefore described to
, upon receipt of the purchase price of $ , said con-
veyance to vest the title of the said ground rent in the said
, 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
provisions of the Act of Assembly in such case made and pro-
vided.

And your petitioner will ever pray, etc.

ACME TRUST COMPANY,
By



Trustee under the Will of , Deceased.

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 , 1920.



JOINDER.

We, the undersigned, being all parties presently interested in

the estate of , acknowledge that we have received notice

of the presentation of the foregoing petition and join in the
prayer thereof.



576 FORMS 65

EXHIBIT "B."
County of Philadelphia, ss:

being duly sworn according to law, deposes and says

that he is a real estate expert of years' experience; that

he is familiar with the values of real estate in the city of Phila-
delphia ; that he has examined the premises described in the fore-
going petition and in his opinion the price or sum of $ ,

offered for the said ground rent is a full and fair price therefor,
and more than could be obtained for the same at public sale.

And further deponent saith not.

Sworn to and subscribed before me this

day of , 1920.

EXHIBIT "C."
County of Philadelphia, ss:

being duly sworn according to law, deposes and says

that he is a real estate expert of years' experience; that

he is familiar with the values of real estate in the city of Phila-
delphia ; that he has examined the premises described in the fore-
going petition and in his opinion the price or sum of $ ,

offered for the said ground rent is a full and fair price therefor,
and more than could be obtained for the same at public sale.

And further deponent saith not.

Sworn to and subscribed before me this

day of , 1920.

DECREE.

And Now, to wit, this day of , 1920, upon con-
sideration of the foregoing petition and on motion of ,

attorneys for the petitioner, it appearing that it will be to the
interest and advantage of all the parties interested therein that
the said ground rent, to wit: (repeat description here) :
being now known as premises Street, in the city of Phila-
delphia, should be sold to , for the sum of $ , in

cash ; that the said sum is a better price than could be obtained
at public sale; that the same 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
immunity or exemption from sale or alienation, the Court grants



FORMS 65, 66 577

the prayer thereof and authorizes and empower^ the Acme Trust

Company, trustee under the will of , deceased, to sell,

convey and assign the said ground rent to the said , upon

receipt of the purchase price, the title of the purchaser to be a
fee simple title, indefeasible by any party or persons having a
present or expectant interest therein and freed and discharged
of all remainders and unprejudiced by any error in the proceed-
ings of the Court. Security to be entered in the sum of $ ,

the bond of the said Acme Trust Company is hereby approved
as such security.

By the Court :



J.

66. PETITION UNDER THE REVISED PRICE ACT
BY TRUSTEE FOR LEAVE TO ASSIGN AND
EXTINGUISH AN IRREDEEMABLE GROUND
RENT ON A THREE PER CENT. BASIS. 183.

In the Orphans' Court of Philadelphia County.

In the matter of the Estate of , deceased.

Term, , No. .

Petition for Leave to Assign and Extinguish Irredeemable
Ground Rent.

To the Honorable, the Judges of the Said Court:

The petition of The Company , respectfully rep-
resents :

i. That died in , seized of all that certain yearly

rent or sum of $ , lawful silver money of the United

States of America, payable in equal half yearly payments on the

first days of the months of and , in each and every

year after the day of , forever, excepted and re-
served out of (recite here description from last deed) :
being known as and Street, and Street, Philadel-
phia, which premises were conveyed by the said to ,

by indenture dated the day of , and "recorded in

Philadelphia, in Deed Book , page , &c., and the

said , in and by her will dated , duly probated in

Philadelphia devised and bequeathed certain property therein
37



578 FORMS 66

mentioned, including the aforesaid ground rent to her trustees

in trust for , for life with power of appointment and the

said died , having first made, published and de-
clared her last will and testament dated , a copy of which

is hereto annexed marked Exhibit "A," duly probated in Phila-
delphia County, as will , and- recorded in Will Book ,

page , and the said , in and by her said will did

give, devise and bequeath property over which she had power of
appointment, including said ground rent, to your petitioner in
trust for the benefit of her daughters for life, subject to annui-
ties of $ , each to her two sons with power in the daughters

of continuing the trust for their children if they think proper
and in further trust if any of her children should die leaving
lawful issue then living, such children to take their respective
parent's share.

2. The said was survived by her husband, , since

deceased, and by five children, to wit: , all of whom are

living and of full age, except , who died , intestate,

unmarried and without issue. The surviving four children of the
decedent have no issue so that they are the only parties inter-
ested in this estate.

3. The present owner of the fee simple title to the said prem-
ises is , who has offered to purchase and extinguish the

said ground rent for the sum of $ , in cash and subject to

the approval of your Honorable Court, your petitioner has agreed

to assign and extinguish the said ground rent to the said

for the price aforesaid which is on a basis of three per cent.

4. Your petitioner believes that it will be to the best interest

and advantage of the estate of the said to assign and

extinguish the said ground rent for the aforesaid consideration
as by doing so the income to the estate can be practically doubled.

5. The said premises are assessed in the sum of $ , as

will appear from the official certificate of the Board of Revision
of Taxes hereto annexed marked Exhibit "B."

6. Your petitioner has been assured by two disinterested real
estate experts familiar with the values of real estate in the

vicinity of the premises that the sum of $ in cash is a full

and fair price for the same and more than could be obtained there-
for at public sale and their affidavits to this effect are attached
hereto and made a part hereof as Exhibits "C" and "D."



FORMS 66 579

7. That your petitioner, under the terms of the said will, is
without authority to make sale of such ground rent without the
consent of your Honorable Court and by reason thereof this
petition is presented.

Wherefore your petitioner prays for leave to sell and extinguish

the ground rent hereinbefore described to , upon receipt

of the purchase price, to wit: $ in cash; said conveyance

to vest the title of the said ground rent in the said purchaser,
freed and discharged of all trusts, contingencies and remainders,
indefeasible by any party or persons 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.

THE COMPANY .

By



State of Pennsylvania, County of Philadelphia, ss:

being duly sworn according to law, deposes and says

that he is the of the corporation petitioner, and that the

facts set forth in the foregoing are true to the best of his knowl-
edge, information 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 , deceased, hereby acknowledge that we have re-
ceived notice of the presentation of the foregoing petition and join
in the prayer thereof.

EXHIBIT "C."
State of Pennsylvania, County of Philadelphia, ss:

being duly sworn according to law, deposes and says

that he is a real estate expert of years' experience; with

an office at , Philadelphia; that he is familiar with the

values of real estate in the City of Philadelphia; that he has
examined the premises described in the foregoing petition and
in his opinion the price or sum of $ in cash offered for the



580 FORMS 66

ground rent reserved thereout is a full and fair price therefor,
and more than could be obtained for the same at public sale.
And further deponent saith not.

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



In the Orphans' Court of Philadelphia County.

In the matter of the Estate of , deceased.

Term, , No. .

DECREE.

And Now, to wit, this day of 1921, upon considera-
tion of the annexed petition and affidavits thereto attached, and on

motion of , attorneys for the petitioner, it appearing that

it will be to the interest and advantage of the estate of ,

deceased, that the said yearly rent of $ , lawful silver

money, payable half yearly on the first days of the months of

and , in each and every year after the day

of , forever, excepted and reserved out of (description of

property) :

being known as and Street, and Street,

should be sold, assigned and extinguished to for $

in cash and it further appearing that the same 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 and that

the said sum of $ in cash is a better price than could be

obtained for the same at public sale, It is ordered and decreed

that the said sale by The Company , Trustee

under the will of , deceased, as aforesaid, be and the

same is hereby confirmed and the said The Company

, Trustee as aforesaid, is hereby authorized and em-
powered, upon receipt of said sum of $ , and all arrear-
ages of ground rent to the day of settlement, to convey the

said ground rent to , the title of the purchaser to

be in fee simple, indefeasible by any party or persons hav-
ing a present or expectant interest in the said premises and
unprejudiced by any error in the proceedings of the Court; secu-



FORMS 66, 67 581

rity to be entered in the sum of $ , and the bond of the said

The Company , is hereby approved as such security.

By the Court :



J-

67. PETITION UNDER THE REVISED PRICE ACT
BY A GUARDIAN FOR THE APPOINTMENT OF
A TRUSTEE TO MAKE PRIVATE SALE OF
REAL ESTATE IN WHICH THE MINOR HAS AN
INTEREST. 185.

In the Orphans' Court of Philadelphia County.

In the matter of the Estate of , deceased.

Term, , No. .

Petition for Appointment of Trustee to Make Sale of Real Estate
Under the Revised Price Act of 1917.

To the Honorable, the Judges of the Said Court:
The petition of respectfully represents:

1. , the above decedent, died , intestate, leaving

to survive her her husband, , your petitioner and one child, a

minor, , and no other children or issue of deceased children.

2. That Trust Company has been duly appointed

guardian of the estate of the said minor by your Honorable
Court.

3. The said decedent died seized and possessed of (describe
property) :

under and subject to certain building restrictions therein men-
tioned and also subject to the payment of a certain mortgage debt

or principal sum of $ , together with interest thereon as

therein mentioned, said premises being known as Street,

Philadelphia, and being the same premises that by deed

dated , and recorded at Philadelphia, in Deed Book ,

page , &c., granted and conveyed unto the said in

fee.

4. Title to the said premises is vested in the said minor subject
to the life estate of her father, .

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



582 FORMS 67

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

at the expiration of five years, secured by a bond and mortgage
in the usual form with interest at 6, per cent, per annum, said

mortgage of $ now on said premises with interest accrued

thereon to be paid out of said purchase price at time of settle-
ment.

6. Your petitioner is of the opinion that the price offered for
the said real estate is 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 estate of the said minor that
the said sale be consummated in accordance with the terms here-
inabove set forth because the price offered is better than could
be obtained at public sale, 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.

7. Your petitioner has been assured by two disinterested real
estate experts experienced in the values of properties in the



Online LibraryRaymond Moore RemickThe statutory law of decedents' estates in Pennsylvania, with annotations and forms → online text (page 59 of 71)