Raymond Moore Remick.

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

. (page 61 of 71)
Online LibraryRaymond Moore RemickThe statutory law of decedents' estates in Pennsylvania, with annotations and forms → online text (page 61 of 71)
Font size
QR-code for this ebook


resident of Philadelphia County, State of Pennsylvania, departed

this life at No. Street, in the County of Philadelphia, and

State of Pennsylvania, on or about , the day of



2. That the said was buried on the afternoon of



FORMS 71 595

3. That on , the Register of Wills of Philadelphia

County, granted letters of administration on the estate of

to , upon a petition presented by her, stating that said

had died intestate, and that she, , was his widow

and sole heir.

4. That at least two short certificates have been issued by the
Register to said .

5. That the said left a last will and testament, which

was found in his safe deposit box at the Trust

Company, when opened by your petitioner, at request of and in
the presence of , to look for a will.

6. That said last will and testament, a copy of which is hereto
annexed, has been duly filed with the Register by your petitioner.

7. That in and by said last will and testament, the decedent

nominated, constituted and appointed your petitioner,

Trust Company, his executor.

And your petitioner therefore prays that citation should be
issued to said , to show cause why letters of administra-
tion should not be revoked.

And your petitioner will ever pray, &c.

Trust Company,



Per-



Trust Officer.

County of Philadelphia, ss:

being duly sworn, deposes and says : I am Trust Officer

of Trust Company, the above petitioner, and am

authorized to make this affidavit on 1 its behalf, and that the facts
set forth are true to the best of my knowledge, information and
belief.

Sworn and subscribed to before me this

day of , 1920.

(Signature.)

DECREE.

And Now, to wit, this day of , on consideration

of the within petition and on motion of , attorneys for the

petitioner it is hereby ordered and decreed that a citation issue

directed to , individually and as administratrix of the

estate of , deceased, to show cause why letters of admin-



596 FORMS 71, 72

istration heretofore issued to her, No. , of , on

, should not be revoked and the last will and testament of

the said dated , be probated and letters testa-
mentary thereon granted to the Trust > Company,

the executor named therein, returnable .



Register of Wills of Philadelphia County.

72. PETITION TO REGISTER FOR CITATION ON
PARTY IN CUSTODY OF WILL TO PRESENT
SAME FOR PROBATE OR ON FAILURE THERE-
OF TO SHOW CAUSE WHY LETTERS OF AD-
MINISTRATION SHOULD NOT BE GRANTED.
267.

In re Estate of , deceased.

- Term, , Xo. .

PETITION FOR CITATION FOR LETTERS TESTA-
MENTARY OR OF ADMINISTRATION.

To the Honorable , Register of Wills of County :

The petition of , respectfully represents :

1. , the above decedent, died on the day of

, while temporarily sojourning in .

2. At the time of the death of the said decedent his family
residence was at , Pennsylvania.

3. The said decedent was survived by no children or issue of
deceased children and your petitioner, his widow, is his sole heir.

4. Prior to the death of the said decedent, to wit, on the

day of , he made, published and declared his last will and

testament, a copy of which is annexed hereto, wherein and

whereby he appointed , his father, of , New York,

Executor of his estate.

5. The said decedent at the time of his death was seized of

certain personal property, to wit : money on deposit in the

Trust Company and stock in the Building and Loan Asso-
ciation, to collect which it is necessary that letters be granted in
this jurisdiction.

6. That the said , executor nominated under the will

of the said decedent has neglected and refused and still neglects
and refuses to qualify as executor. The said has in his



FORMS 72 597

possession the will of said decedent and has neglected and refused
and still neglects and refuses to produce the same before you for
probate.

Wherefore your petitioner prays that a citation may issue

directed to the said , to show cause why he should not

appear before the Register of Wills of County, Pennsyl-
vania, with the will of said decedent and qualify as executor of

the estate of the said , deceased, failing which, to show

cause why letters of administration should not be granted to

, widow of the said decedent to administer the assets of

the said decedent in Pennsylvania.

And your petitioner will ever pray, etc.



State of , County of



being duly sworn according to law, deposes and says
that she is the petitioner herein and that the facts set forth in the
foregoing petition are true to the best of her knowledge, infor-
mation 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 ,

Esq., attorney for the petitioner, It is hereby ordered and decreed
that the prayer thereof be granted and that a citation issue to

, of , New York, to show cause why he should not

appear before the Register of Wills of County, Pennsyl-
vania, and produce the will of , deceased, and qualify as

executor of the estate of the said , deceased, failing which,

to show cause why letters of administration should not be granted

to widow of the said decedent to administer the assets

of the said decedent in Pennsylvania.
By the Court :



J.



598 FORMS 73

73. PETITION TO THE ORPHANS' COURT SUR AP-
PEAL FROM REGISTER TO OPEN THE PRO-
BATE OF A WILL AND ALLOW PROBATE OF
AN AFTER-DISCOVERED CODICIL. 285.

In the Orphans' Court of Philadelphia County.

In the matter of the estate of , deceased.

Term, , No. .

PETITION SUR APPEAL FROM REGISTER TO OPEN

PROBATE OF WILL AND ALLOW PROBATE

OF CODICIL.

To the Honorable, the Judges of the Said Court:

The petition of The Company, , respectfully

represents :

1. That the decedent died on the day of , a resi-
dent of Philadelphia County, having first made, published and

declared her last will and testament dated , and codicil

thereto dated , which were duly probated by the Register

of Wills, of Philadelphia County, on , and letters testa-
mentary issued thereunder to your petitioner. Copy of said will
and codicil are hereto annexed as Exhibit "A."

2. Since the probate of the said will and codicil an additional

codicil has been found by your petitioner dated , a copy

of which is annexed hereto as Exhibit "B."

3. Under the said will and first codicil, a statement of the
parties in interest is as follows (list all parties in interest) :

4. All of said parties in interest are living except as above

noted and are of full age with the exception of , a minor

of whose estate, by decree of the Orphans' Court of Delaware

County, dated , , has been appointed guardian ad litem to

appear in these proceedings and is a minor of whose

estate The Company , was appointed guardian by

the Orphans' Court of Philadelphia County, on , as of

. Term, , No. .

5. In order to secure the probate of the said codicil dated
-, an appeal has been taken to your Honorable Court from



the decision of the Register of Wills in the above estate, admitting
to probate the said will dated , and codicil thereto dated



FORMS 73 599

6. All parties in interest as above set forth have received notice
of the intended presentation of this petition and have joined in
the prayer thereof.

Wherefore your petitioner prays that the said appeal be sus-
tained and that a decree be entered authorizing and directing the
Register of Wills of Philadelphia County, to admit to probate the

said codicil dated , the original of which is now lodged of

record in the office of the Register of Wills.

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 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 the parties interested in the

estate of , deceased, acknowledge that we have received

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

DECREE.

And Now, to wit, this day of , upon considera-
tion of the foregoing petition and upon motion of , attor-
neys for the petitioner, It is hereby ordered and decreed that the
prayer thereof be granted and the appeal of The Com-
pany , from the decision of the Register of Wills in the

estate of , admitting to probate a certain paper writing,

being the last will and testament of the said decedent dated ,

and codicil thereto dated , is hereby sustained and the

Register of Wills of Philadelphia County is hereby authorized,



6oo FORMS 73, 74

empowered and instructed to admit to probate a second codicil
to the said will dated , upon legal proof of the proper ex-
ecution of the same.

By the Court :



J.

74. PETITION FOR THE APPOINTMENT OF AN AD-
MINISTRATOR D. B. N. C. T. A. WHERE THE
DECEDENT HAS BEEN DEAD MORE THAN
TWENTY-ONE YEARS. 356.

In the Orphans' Court for the County of Philadelphia.

In re Estate of , deceased.

Term, , No. .

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

1. The , late of the County of Philadelphia, died

, 1866, having first made and published his last will and

testament, wherein and whereby he appointed , Executors,

to whom letters testamentary were duly granted by the Register
of Wills. A copy of said will is hereto annexed.

2. That the said executors duly administered the said estate
which came into their hands and have since died.

3. The residuary estate of decedent is held under this trust
(give terms of will and outline parties in interest) :

All of such parties thus entitled have received notice of the
presentation of this petition and have joined in the prayer
thereof.

5. Certain assets belonging to said estate not administered by
the executors hereinabove referred to have now come to the
attention of your petitioner, wherefore it is necessary that an
administrator be appointed to administer same.

Wherefore your petitioner, showing to your Honorable Court

that the said having died more than twenty-one years ago

and that letters of administration de bonis non cum testamento
annexe can only be granted upon his estate by the Register of
Wills of Philadelphia County, when so authorized and directed
by your Honorable Court, pray your Honorable Court to authorize
the said Register of Wills of Philadelphia County, to grant letters



FORMS 74, 75 601

of administration de bonis non cum testamento annexe to such
person or persons as are now entitled to the same in accordance
with 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 she is the petitioner above named and that the facts set forth
in the foregoing petition are true and correct to the best of her
knowledge, information and belief.

Subscribed and sworn to before me this
day of , 1918.

Notary Public.

JOINDER.
We, the undersigned, being all the parties interested in the

estate of , deceased, hereby acknowledge that we have

received notice of the intended presentation of the foregoing
petition and join in the prayer thereof.

(Signatures.)

DECREE.

And Now, to wit, this day of , upon considera-
tion of the foregoing petition and on motion of , attorneys

for petitioner, it is ordered, adjudged and decreed that the prayer
of the said petition be granted, and the Register of Wills of
Philadelphia County, be and he is hereby authorized to grant
letters of administration de bonis non cum testamento annexe

on said estate of , deceased, to such person or persons as

may be entitled thereto under the Act of Assembly of the Com-
monwealth of Pennsylvania, in such case made and provided.



J-

75. PETITION BY GUARDIAN FOR REDUCTION OF
SECURITY ON HIS BOND. 389.
In the Orphans' Court of Philadelphia County.

In re Estate of , minors.

Term, , No. .



6b2 FORMS 75

t

To the Honorable, the Judges of the Said Court:

The petition of -, guardian of the estates of ,

minors, respectfully represents:

1. That your petitioner was duly appointed guardian of the
estates of the above minors by decree of your Honorable Court,

dated , wherein security was directed to be entered in the

sum of $ .

2. That the amount of this security was fixed upon the incor-
rect presumption that each of said minors would be entitled to

approximately $ as their proportionate share of the estate

of , deceased.

3. Schedules of distribution have now been filed in connection

with the three adjudications of the Honorable , sur the

trust accounts filed in the estate of deceased, as of

, and it now appears that each minor is entitled to the sum

of $ , or a total of $ .

4. Wherefore your petitioner prays that the security directed
to be entered by him be reduced from $ to $ .

And he will ever pray, etc.



Guardian of the Estates of , Minors.

State of Pennsylvania,

County of , ss:

, being duly sworn according to law, deposes and says

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.

I, the undersigned, , mother and next of kin of the said

minors, hereby acknowledge that I have received notice of the
intended presentation of the foregoing petition and join in the
prayer thereof.



FORMS 75, 76 603

DECREE.

And Now, to wit, this day of , upon considera-
tion of the foregoing petition, It is hereby ordered and decreed

that the security heretofore required to be entered by ,

guardian of the estates of , minors, in the aggregate sum

of $ , is hereby reduced to the sum of $ , and that

one bond be filed by the said guardian and the Surety

Company, of , is hereby approved as surety on the said

bond.

By the Court :



76. PETITION FOR WIDOW'S EXEMPTION IN CASH.
403-

In the Orphans' Court for the County of Philadelphia.

In re Estate of , deceased.

Term, , No. .

PETITION FOR WIDOW'S EXEMPTION.
To the Honorable, the Judges of the Said Court:
The petition of , respectfully represents :

1. That departed this life on the day of ,

leaving to survive him , his widow, your petitioner, and

one child, , who is of full age, the said decedent having

first made and published his last will and testament dated ,

copy of which is attached hereto, duly probated in the office of
the Register of Wills for the County of Philadelphia, and letters
testamentary upon his estate were granted to The Com-
pany , the alternative executor named in said will, ,

and , the other executors, having predeceased the testator.

2. That your petitioner has elected to retain as widow of the

said , deceased, from and out of the personal property of

the said decedent the sum of $500 in cash, and prays that the
said sum may be set apart and awarded to her under Sec. 12 of
the Fiduciaries Act of June 7, 1917, P. L. 447.

And your petitioner will ever pray, etc.

Petitioner.



604 FORMS 76, 77

County of Philadelphia, ss:

, being duly sworn according to law, deposes and says

that she is the petitioner above named and that the facts set
forth in the foregoing petition are true and correct to the best
of her knowledge, information and belief.

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



Notary Public.
Commission expires .

In the Orphans' Court for the County of Philadelphia.

In re Estate of , deceased.

Term, , No. .

DECREE.

And Now, to wit, this day of , on presentation

of proof of publication, and no exceptions thereto having been
filed, It is ordered and decreed that the sum of $500 be set

apart for and retained by , widow of the said decedent,

out of the cash belonging to the decedent at the time of his
death.

By the Court :



J-

77. PETITION BY TRUSTEE FOR LEAVE TO EXE-
CUTE A LEASE OF REAL ESTATE FOR TEN
YEARS. 497.

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, , under the

will of , deceased, respectfully represents :

i. 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.



FORMS 77 605

2. In and by said will testator gave his residuary estate to
your petitioner, in trust (recite terms of trust) :

3. (Here show the parties in interest.)

4. That among the assets of the residuary estate of the said
decedent is the following described real estate, to wit: (descrip-
tion) :

5. With the consent of the parties in interest and subject to
the approval of your Honorable Court, your petitioner has agreed
to execute a lease of the premises hereinabove described as of

the day of , with , for the term of ten years,

to commence and be computed from the day of , at

the annual rent of $ , payable monthly in advance in equal

payments of $ , on the first day of each and every month.

Copy of the lease suggested is hereto annexed marked Exhibit
"B."

6. The assessed value of the said premises is $ , and the

estimated annual return on the assessed valuation of the prop-
erty based on the said lease after deduction of fixed charges,

amounts to $ per year, or a return of per cent.

on the said value.

7. Your petitioner and all parties in interest who are sui juris
believe that the execution of the said lease will be to the best
interest and advantage of the estate and all parties interested
therein either presently or in remainder.

8. That all of the parties in interest as hereinabove set forth
have joined in the prayer of this petition either individually or
by their attorney duly appointed and constituted for the purpose
by letter of attorney duly recorded.

9. Under section 31 of the Fiduciaries Act of 1917, it is neces-
sary that your petitioner apply to your Honorable Court for
leave and authority to execute the said lease so that the same
shall have the same force and effect as though the said lease were
made by the beneficial owner or owners of the said property and
he or they were sui juris and owned the property in fee.

Wherefore your petitioner prays for leave and authority to
execute a lease of premises (describing them) :
to for the term of ten years to commence and be com-
puted from the day of , for the annual rent or sum

of $ , payable monthly in advance, in equal payments of

on the first day of each and every month, said lease to



606 FORMS 77

be substantially the same in form as set forth in Exhibit "B"
attached hereto.

And your petitioner will ever pray, etc.

1 Trust Company, Trustee under

the Will of , deceased.

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 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 presently interested

in the estate of , deceased, hereby acknowledge that we

have received notice of the presentation of the foregoing peti-
tion and join in the prayer thereof.

In the Orphans' Court of Philadelphia County.

In re Estate of , deceased.

Term, , No. .

DECREE.

And Now, to wit, this day of , 1921, upon con-
sideration of the annexed petition arid on motion of , attor-
neys for the petitioner, it appearing from the facts set forth in
the said petition that it would be just and equitable to execute the
lease therein set forth, the Court grants the prayer of said peti-
tion and authorizes and empowers the Trust Company,

Trustee under the will of , deceased, to execute a lease of

premises (describe them) :

to , for the term of ten years to commence and be com-
puted from the day of , for the annual rent or

sum of $ , payable monthly in advance in equal payments



FORMS 77, 78 607

of $ , on the first day of each and every month, said lease

to be substantially the same in form as set forth in Exhibit "B"
attached hereto, with the same force and effect as though the
said lease were made by the beneficial owner or owners and he
or they were sui juris and owned the property in fee; security

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

Trust Company is hereby approved as such security.

By the Court :



J-

78. PETITION BY TRUSTEE FOR LEAVE TO JOIN
IN THE EXECUTION OF LEASE OF COAL AND
MINERAL RIGHTS FOR A PERIOD EXCEED-
ING FIVE YEARS 497, 624.

In the Orphans' Court of Schuylkill County.

In the matteij of the Estate of , deceased.

Term, , No. .

To the Honorable, the Judges of the Send Court:

The petition of The Company, , and ,

surviving trustees under the will of , deceased, respect-
fully represents:

1. That , late of the City of Philadelphia, Pennsylvania,

died on the day of , having first made, published

and declared his last will and testament dated , duly pro-
bated in the office of the Register of Wills of Philadelphia
County, a copy of said will being hereto annexed as Exhibit "A."

2. Decedent, by his will (recite terms of trust) :

3. (Recite parties in interest.)

4. Among the assets of the residuary estate of the said dece-
dent is an undivided interest in a certain tract of coal

land known as the , situated in Township,

County, Pennsylvania, and an entire interest in another tract of

coal land known as the , also situated in said township and

State.

5. Subject to the approval of your Honorable Court your
petitioners have agreed to lease the interest of the said estate
in the said coal tracts to the Coal Company, a Pennsyl-
vania corporation, for a period exceeding five years upon the



6o8 FORMS 78

terms and conditions set forth at length in copies of the said
leases hereto annexed as Exhibits "B" and "C" respectively.

6. Your petitioners have been advised and believe that it will
be to the best interest and advantage of the estate of the said
decedent and those financially interested therein that they join

with the other parties in interest in the leasing of the

Tract and execute and deliver a lease to the Tract, said

leases to be substantially similar in form to those hereinabove
referred to, copies of which are annexed hereto and have agreed
so to do, subject to the approval of your Honorable Court, but
under the terms of Sec. 31 of the Fiduciaries Act of 1917, they
have no authority to do so without the consent of your Honor-
able Court first had and obtained.

7. All parties in interest under and by virtue of the terms of
the will of the said decedent have received notice of the intended
presentation of this petition and have joined in the prayer thereof.

8. Wherefore your petitioners pray your Honorable Court
for leave and authority to join with the other parties in interest
in the execution of a lease substantially similar in form to that

annexed hereto as Exhibit "B", to the Coal Company,

covering the Tract in Township, County,

Pennsylvania, and to execute and deliver a lease substantially
similar in form to that annexed hereto as Exhibit "C" to the

Coal Company, covering the Tract in

Township, County, Pennsylvania.

And your petitioners will ever pray, etc.

The Company, .

By



Surviving Trustees under the Will of , deceased.

State of , County of , ss:

being duly sworn according to law, deposes and says

that he is of the corporation petitioner, 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 , 1920.



FORMS 78, 79 609

JOINDER.

We, the undersigned, being all the parties in interest in the

estate of , deceased, hereby acknowledge that we have

received notice of the intended presentation of the foregoing
petition and join in the prayer thereof.

(Signatures.)
DECREE.

And Now, to wit, this day of , 192 , upon

consideration of the foregoing petition, it appearing that it will

be to the interest and advantage of the estate of , that

the leases hereinafter referred to should be executed and it
appearing that the said leases may be made without injury or
prejudice to any trust, charity or purpose for which the premises



Online LibraryRaymond Moore RemickThe statutory law of decedents' estates in Pennsylvania, with annotations and forms → online text (page 61 of 71)