Raymond Moore Remick.

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

. (page 60 of 71)
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neighborhood of that 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."

8. That the only party interested in the said estate of the said
decedent other than your petitioner, to wit : the said minor, by her
guardian is satisfied that the price offered for the said premises,
payable as aforesaid, 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 and advantage of the estate of the said
minor. The said minor by her guardian has received notice of
the intended presentation of this petition and has joined in the
prayer thereof.

9. That the said premises are assessed for taxation in the sum

of $ as appears by the official certificate hereto annexed

marked Exhibit "C."

10. Your petitioner presents this petition to your Honorable
Court under Section 6 of the Revised Price Act of 1917, for the
confirmation of said sale and the appointment of a trustee to
make sale of the said premises and to receive and hold the pro-
ceeds of said sale in trust for the parties in interest therein until



FORMS 67 583

the termination of your petitioner's life estate and thereupon to
pay over the principal sum to the person or persons entitled
thereto.

Wherefore your petitioner prays:

1 . That said private sale to be confirmed.

2. That The Company , be appointed trustee

to carry out the said sale and convey the said premises.

3. That the said The Company , be authorized,

empowered and directed as such trustee to convey the said prem-
ises hereinabove set forth to the said for 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 settlement, and to receive
and hold the proceeds of such sale in trust for the parties in
interest therein and 1 invest the same in investments authorized by

law and pay the interest thereof as it shall accrue to for

life until the said life estate shall have terminated and thereupon
to pay over the principal sum to the person or persons entitled
to such remainder, the title of the purchaser to be indefeasible by
any persons, ascertained or unascertained, or any person or class
of persons mentioned in this petition or decree and having a
present or expectant interest in the premises and unprejudiced by
any error in the proceedings of the Court.

And your petitioner will ever pray, &c.



State of Pennsylvania,
County of Philadelphia, 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, informa-
tion and belief.

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



584 FORMS 67

JOINDER.

I, the undersigned, being the only party interested in the prem-
ises referred to in the foregoing petition, other than your peti-
tioner, hereby acknowledge that I have received notice of the
intended presentation of foregoing petition and join in the prayer
thereof.

By



Guardian.



EXHIBIT "A."



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 profession 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 $ , payable as in said peti-
tion set forth, represents the full market value of the said prem-
ises 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.

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 con-
sideration of the annexed petition and on motion of ,

attorneys for the petitioner, it appearing that it will be to the
interest and advantage of the estate of , a minor, and all



FORMS 67 585

parties interested in the estate of , deceased, that the said

premises, to wit (description) :

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, should be sold to for $ , payable

$ in cash and $ at the expiration of five years, se-
cured 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 settlement ; that the said sum of $

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 confer an immunity or exemption from
sale or alienation, It is hereby ordered and decreed:

1. That the said private sale to be and the same hereby

is confirmed.

2. That The Company , be and the same is

hereby appointed trustee to carry out the said sale and convey
the said premises.

3. That the said The Company , be and the same is

hereby authorized, empowered and directed as such trustee
to convey the said premises hereinabove set forth to the said

for 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 settlement and to receive and hold the proceeds of such
sale in trust for the parties in interest therein and invest the same
in investments authorized by law and pay the interest thereof as

it shall accrue to , for life until the said life estate shall

have terminated and thereupon to pay over the principal sum to
the person or persons entitled to such remainder, the title of the
purchaser to be indefeasible by any person, ascertained or unas-
certained or any person or class of persons mentioned in the fore-
going petition or this decree and having a present or expectant
interest in the premises and unprejudiced by any error in the



586 FORMS 67, 68

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 :



J-

68. PETITION UNDER THE REVISED PRICE ACT
BY TRUSTEES FOR LEAVE TO SELL REAL
ESTATE AT PRIVATE SALE AND BY A CO-
TRUSTEE TO PURCHASE AT SUCH SALE. 202.

In the Orphans' Court of Philadelphia County.

In the matter of the Estate of , deceased.

Term, , No. .

Petition by Trustees for Leave to Sell Real Estate at Private

Sale, and by Co-Trustee to Purchase at Such Sale.
To the Honorable, the Judges of the Said Court:

The petition of , Trustee, and , substituted

Trustee, under the last will of , deceased, respectfully

represents :

1. That the said decedent, , died on the day of

, having first made, published, and declared his last will

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

dated , duly probated in the office of the Register of Wills,

of Philadelphia County, wherein and whereby he did devise and
bequeath the residue of his estate to his trustees in trust after the

death of his wife, , (she died ), to (recite terms of

trust) :

2. That the decedent nominated the Company ,

and , as trustees and the said Company renounced

its right to act as such trustee, and by decree of your Honorable

Court dated , it was discharged as such trustee and

was appointed substituted and co-trustee in its place and stead.

That among the assets of the said decedent are premises

Avenue, , Philadelphia, occupied and used in part by the

said , trading as .

That the said desires to purchase the said property from

the estate for the price or sum of $ , but being a purchase



FORMS 68



587



by a trustee at his own sale, the power of sale given the trustee
under the will is inoperative and it is necessary that he obtain the
approval of your Honorable Court in so doing.

3. That among the assets of the said estate are the following
described parcels of real estate in the City of Philadelphia (de-
scribe them) :

4. Parcels I to 9 hereinabove recited now comprise one lot

of ground fronting feet on Avenue, and extending

feet along Street, and are occupied by one large

four-story brick building occupied by the .

Parcels 10 and 16 to 20 inclusive, comprise one property front-
ing on Street, and extending through to



Street,



feet, and are occupied by a stable and



garage used in connection with the said .

Parcels n to 15 above described are five small lots, each con-
taining a two-story brick cottage with frame fronts and frame
enclosed sheds set back from the street with front and side yards.

In the property all the machinery, fixtures and equip-
ment are owned by , individually as a part of the business

of the , of which he is sole proprietor. The real estate is

rented in connection with the for $ per annum,



from which is payable taxes
The stable and garage are

for $ per annum,

, and insurance $ .

Street are now idle, but



at an annual rental of

$ , and insurance

rented in connection with the
from which is payable taxes
The 5 cottage properties on

heretofore rented at $ per annum, from which has been

payable taxes $ , insurance $ , and repairs on an

average of $ per annum, so that the total income from all

sources derived from the real estate herein described has been

$ , and the annual carrying charges $ per year, not

including the interest on the mortgage of $ , held by the

Trust Company on the said real estate at , so that

the net rent of the properties clear of encumbrances would be

$ per annum, which is on a valuation of $ .

5. Premises to Avenue (parcels i to 9), are

assessed at $ , as shown by the official certificate hereto

annexed as Exhibit "B." Premises Street (parcels 10

and 1 6 to 20), are assessed at $ , as shown by the official

certificate hereto annexed as Exhibit "G." Premises



588 FORMS 68

Street (parcels n to 15), are assessed at $ , as shown by

the official certificate hereto annexed as Exhibit "D."

6. The said was survived by (recite parties) :

7. All of said parties in interest, the same being all the parties
having any interest in this estate have received notice of the in-
tended presentation of this petition, and have joined in the
prayer thereof.

8. , one of your petitioners, as before set forth, is the

proprietor of the , which occupies and uses most of the

premises hereinabove described in connection with its business.

The boilers used in connection with the were installed in

, and are about worn out so that it is necessary to replace

the same and for this purpose if the property is to continue under
its present management it will be necessary to build a power

house on parcels n to 15, fronting on Street, but the

estate has no funds with which to make the necessary repairs,
improvements and additions to the premises in order to continue
them in tenantable condition for the uses and purposes to which

they are now devoted. The said has, therefore, offered

to buy the real estate hereinabove described, clear of encum-
brance, for the price or sum of $ , $ in cash and

the balance of $ to be secured by a mortgage in the usual

form, payable at years at . A settlement on this

basis will net the estate approximately $ per annum, as

against a net rent on the present investment of $ .

9. While the trustees have a power of sale under the will of
the said decedent, one of the trustees desires to purchase at his
own sale, and it is necessary that the consent of your Honorable
Court be secured thereto.

10. Subject, therefore, to the approval of your Honorable
Court, the premises hereinabove described together with the build-
ings and improvements thereon erected have been sold at private
sale to , for the price or sum of $ , clear of encum-
brance, from which is to be paid the existing mortgage of

$ , purchase price to be payable $ in cash and the

balance at the expiration of years, to be secured by the

bond and mortgage of the purchaser in the usual form at .

11. Your petitioners as trustees for the reasons hereinabove
set forth are of the opinion that the price offered for the said real
estate is full and fair and better than could be obtained for the



FORMS 68 589

same at public sale, and that it would be for the best interest and

advantage of the estate of , and the parties interested

therein, 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 violation of any law
which may confer an immunity or exemption from sale or aliena-
tion.

12. Your petitioners have been assured by two real estate ex-
perts, unrelated to the parties, and unconnected with the estate,
and having no interest whatever in the subject matter of this
petition, and the said experts, being experienced in the values of
property in the neighborhood of those hereinabove referred to, are
of opinion that the price offered for the same as a whole is full
and fair and better than could be obtained at public sale, and
affidavits to this effect are hereto annexed as Exhibits "E" and
"F."

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 and advantage of the said estate.

14. , one of your petitioners, therefore, prays your Hon-
orable Court for leave and authority to purchase the premises
hereinbefore set forth which are described as a whole as follows
(description) :

from the estate of , for the price or sum of $ , pay-
able as aforesaid; and , substituted trustee under the will

of , deceased, one of your petitioners, prays your Honor-
able Court for leave and authority to sell and convey the said

premises, , for the price or sum of $ , payable as

hereinabove set forth, said conveyance to vest the title in the
purchaser in fee simple, freed and discharged of all trusts, con-
tingencies 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 petitioners will ever pray, etc.



590 FORMS 68

State of Pennsylvania,
City of Philadelphia, ss:

i and , being duly sworn according 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.



(Signatures.)

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.

EXHIBIT "E."

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; that he is now engaged in business in Phila-
delphia; , that during the period above mentioned he has

been actively engaged in carrying on his profession in the City
and County of Philadelphia; that he is familiar with the values
of real estate in the vicinity of the premises referred to in the
foregoing petition; that he has examined the premises therein
described and values them as follows (description of valuation) :
and as a result of said examination is of the opinion that the sum
of $ , payable $ in cash, and $ at the expira-
tion of three years, secured by bond and mortgage in the usual
form, at 6 per cent, per annum represents the full market value
of the said premises, and is a greater price than could be obtained
for same at public sale, and that a sale thereof at the said price
would be to the best interests and advantage of the said estate.

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



.FORMS 68 591

In the Orphans' Court of Philadelphia County.

In re Estate of , deceased.

Term, , No. .

DECREE.

And Now, the day of , on consideration of the

foregoing petition and affidavits thereto annexed, it appearing
that all of the cestuis que trustent and parties in interest have
joined therein, and on motion of , counsel for the peti-
tioners, it appearing that it will be to the interest and advantage

of the trust under the will of the said , deceased, as well as

to the interest and advantage of the said cestuis que trustent and
all other parties in interest thereunder that the premises described
in the foregoing petition, to wit, (description) :

should be sold to , for the sum of $ , of which sum

$ shall be secured by a purchase money mortgage on the

above described premises as hereinafter set forth, and that the

said price of $ is a better price than the same would bring

at public sale, and it further appearing 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 immunity or exemption from sale or alienation ;
It is ordered and decreed that , trustee, and , sub-
stituted trustee under the will of , deceased, be and they

are hereby authorized and empowered to sell and convey the said

premises to the said , as an individual, for the price of

$ , payable as follows : in cash the sum of $ , and the

balance of $ to be secured by bond and mortgage in the

usual form, payable at the expiration of years from the

date thereof with interest thereon at per centum per

annum, payable half yearly, said bond and mortgage to be given

and executed by the said as an individual to ,

trustee and , substituted trustee under the will of ,

deceased, the said bond and mortgage to be held by the said
trustees under the same trust and for the same uses and purposes
and subject to the. same rights, title and estate as the said prem-
ises have heretofore been held by the said trustees, with authority
in the said trustees to pay out of the said settlement the present
mortgage debt or principal sum of $ , now a valid and subsist-
ing lien on the said premises, with interest thereon to the date of



592 FORMS 68

settlement, the title of the purchaser to be a fee simple title, inde-
feasible 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; the said trustees as aforesaid, first
entering security as hereinafter directed.

And it is further ordered and decreed that the said , one

of the trustees as aforesaid, be authorized and permitted to pur-
chase the above described premises from , trustee, and

, substituted trustee as aforesaid, for the sum of $ ,

first paying the sum of $ in cash, and executing and deliv-
ering to the said , trustee, and , substituted trustee

as aforesaid, his purchase money bond and mortgage in the just
sum of $ , in the usual form and containing provisions pro-
viding for the payment of all taxes, water rents, insurance pre-
miums and commissions, and having also previously delivered to
the said , trustee, and , substituted trustee as afore-
said, fire insurance policies in approved companies with the usual

mortgagee clause thereto attached, in the sum of at least $ ;

said bond and mortgage to be secured not only upon the above
described premises, but also upon any addition thereunto made,
and upon all boilers, engines, machinery and equipment now or

hereafter belonging to the said , the mortgagor, located

upon the abovd described premises or upon any addition or addi-
tions hereinafter erected on said premises ; and upon his so doing
to hold the said premises and any additions thereto, free and

clear of any trusts for the estate of the said , deceased, for

any parties or persons having a present or expectant interest in
said premises or additions and unprejudiced by any error in the
proceedings of the Court.

And it is further ordered and decreed that , trustee, and

, substituted trustee as aforesaid, are hereby authorized

and empowered to execute and deliver to the purchaser, ,

as an individual, a deed of conveyance in fee simple, indefeasible
by any party or persons having a present or expectant 1 interest in
the said premises and unprejudiced by any error in the proceed-
ings of the Court upon full compliance upon the part of the pur-
chaser with the terms and conditions of the sale as hereinabove
set forth.



FORMS 68, 69, 70 593

The said , trustee, and , substituted trustee as

aforesaid, are directed to enter security in the sum of $ .

By the Court :



J-

69. ELECTION OF WIDOWER TO TAKE UNDER

WILL. 245.

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

Tprm Nn

JL C 1 111, j -IN \J

To Whom it May Concern:

I, , widower of the above decedent, who died on the

day of , having first made, published and declared

her last will and testament, duly probated in the office of the

Register of Wills of Philadelphia County, on , hereby elect

to take under the terms of the said will.

In Witness Whereof I have hereunto set my hand and seal this

day of , A. D. .

(Seal)

Philadelphia County, ss:

On this day of , A. D. , before me the

subscriber, a notary public in and for the Commonwealth of
Pennsylvania, residing in the City of Philadelphia, personally

appeared , and acknowledged the foregoing election to be his

act and deed and desired that the same might be recorded as such.

Witness my hand and notarial seal the day and year last above
written.

Notary Public.

70. ELECTION OF WIDOW TO TAKE AGAINST

WILL. 245.

In the Orphans' Court for the County of Philadelphia.

In re Estate of , deceased.

Term, , No. .

NOTICE OF ELECTION.

To The Trust Company, Executor of last will and testa-
ment of the said decedent.
38



594 FORMS 70, 71

To Register ofi Wills and Clerk of the Orphans' Court of Phila-
delphia.
To Legatees, Devisees and Creditors of the above Estate.

You will please take notice that I, , widow of the said

, deceased, do hereby elect to take against the will of the

said decedent, and in lieu thereof to take and receive my share
of said estate under the Intestate Laws, and would request you
to record and file this notice in accordance with the Act of As-
sembly in such case made and provided.

(Seal)

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

On this day of , before me the subscriber, a

Notary Public in and for the Commonwealth of Pennsylvania,

and residing in , personally appeared the above named

, widow of , deceased, and in due form of law

acknowledged the said notice of her election to be her act and
deed for the purposes therein mentioned, and desired that the
same might be recorded as such.

Witness my hand and Notarial seal the day and year aforesaid.

71. PETITION TO THE REGISTER TO REVOKE
LETTERS OF ADMINISTRATION UPON THE
DISCOVERY OF A WILL 264.

In the Register's Court of Philadelphia County.

Estate of , deceased.

Administration No. .

PETITION TO REVOKE LETTERS OF ADMIN-
ISTRATION.

To the Honorable, , Register of Wills, of Phila-
delphia County:

The petition of Trust Company respectfully rep-
resents :

i. That , a citizen of the United States of America, and



Online LibraryRaymond Moore RemickThe statutory law of decedents' estates in Pennsylvania, with annotations and forms → online text (page 60 of 71)