Raymond Moore Remick.

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

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therein let are held and without the violation of any law which
may confer an immunity or exemption from sale or alienation,

It is hereby ordered and decreed that The Company,

and , surviving trustees under the will of ,

deceased, be and the same are hereby authorized and empowered
to join with the other parties in interest in the execution and
delivery of a lease substantially similar in form to that annexed

hereto to the Coal Company covering the Tract in

Township, County, Pennsylvania, and It is hereby

ordered and decreed that The Company and

be and the same are hereby authorized and empowered

to execute and deliver a lease substantially similar in form to

that annexed hereto to the Coal Company covering the

Tract in Township, County, Pennsylvania ;

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.

79. PETITION BY TRUSTEE FOR LEAVE TO PUR-
CHASE REAL ESTATE WITH UNINVESTED
PRINCIPAL. 529.
In the Orphans' Court for the County of Philadelphia.

In re Estate of , deceased.

Term, - , No, = .

39



610 FORMS 79

To the Honorable, the Judges of the Said Court:

The petition of The Company , Trustee under

the will of , deceased, respectfully represents:

i- died on the day of , by his will, (a

copy of which is attached hereto as Exhibit "A") on the death

of his wife , and the attaining of his youngest child of

the age of twenty-one, he directed (recite terms of trust) :

2. (Recite parties in interest.)

3. By adjudication of your Honorable Court dated ,

one-seventh of the fund was set aside to your petitioner in trust
under the terms of said will for , daughter of the dece-
dent, which fund now amounts to approximately $ .

4. The said life tenant, , is the lessee of premises No.

Road, which has been occupied by her as her home for

a number of years. She has recently been advised by the owners
of said property that it is their intention to sell the same and
because of the above facts, has requested your petitioner to pur-
chase the said premises, more particularly hereinafter described,
out of the moneys held in its hands as aforesaid for her benefit
for life.

5. Your petitioner has, therefore, acting under and by authority
of Section 41 (a) 2 of the Fiduciaries Act of 1917, and subject
to the approval of your Honorable Court, entered into an agree-
ment to purchase from , the owners thereof : (description) :

for the price or sum of $ in cash.

Title to the above premises to be good and marketable, free
and clear of all encumbrances, liens, etc., and such as will be
insured by the Trust Company of the City of Philadel-
phia, at their usual rates, subject, nevertheless, to the following
conditions and restrictions (recite conditions and restrictions) :

6. Your petitioner is informed and believes that the purchase
of the said property, in view of the circumstances hereinbefore
referred to, will be to the best interest and advantage of the

estate of the said for whom your petitioner is Trustee

and no change will be made in the course of succession by said
investment as regards the heirs and next of kin of the cestui que
trust and furthermore, such investment will not be contrary to
the provisions contained in the said will.

7. Your petitioner has been assured by two disinterested real
estate experts of the City of Philadelphia, familiar with values of



FORMS 79 6il

real estate in the vicinity of the premises hereinabove referred to,

that the said price of $ for the premises herein described,

is a fair one and that the same is a just and true valuation
thereof and represents its present market value. Their affidavits
to this effect are hereto annexed marked respectively Exhibit
"B" and Exhibit "C."

8. The said premises are assessed for taxation by the City of

Philadelphia in the sum of $ , as will appear from the

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

9. That the only parties interested as life tenants and in re-
mainder in the said trust are , who is living and of full

age and his one child to wit: , who is living and of full

age and has no children. Both of said parties are earnestly
desirous that the said sale shall be consummated. They have
received notice of the intended presentation of this petition and
have joined in the prayer thereof.

Your petitioner, therefore, prays your Honorable Court for

leave and authority as trustee under the will of , deceased,

to purchase and acquire title in fee simple to the premises here-
inabove described, known as from , under and

subject to the restrictions hereinabove set forth and upon the
execution of a good and sufficient deed for the said premises to
pay the said the said price or sum of $ .

And it will ever pray, &c.

The Company , Trustee

under the will of , deceased.

By



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

Personally appeared , Trust Officer of said petitioner,

who being duly sworn, deposes and says that the statements
contained in the foregoing petition are true, to the best of his
knowledge, information and belief.

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



6l2 FORMS 79

JOINDER.

We, the undersigned, being the only parties interested as life

tenants and remainderman under the will of , deceased,

in the trust referred to in the foregoing petition, hereby acknowl-
edge that we have received notice of the intended presentation of
the said petition and join in the prayer thereof.

(Signatures.)

EXHIBIT "B."
Philadelphia County, ss:

On this day of , 191 , personally appeared

before me, , who being duly , says that he is a real

estate broker, residing in the City of Philadelphia; that he has

for years been largely interested and engaged in the

business of dealing in real estate in the City and County of
Philadelphia, in the neighborhood in which the premises described
in the foregoing petition are located ; that he is familiar with the
values of real estate in said locality ; that he knows said premises
well and that in his opinion the price or sum of $ , indi-
cated in said petition as being the present value of said premises
is a just and true valuation thereof, and that the same in his
opinion represents their present market value.

to and subscribed before me this

day of , 1919.

Notary Public.
My commission expires on the day of , 1919.

DECREE.

And Now, to wit, this day of , 1919, upon con-
sideration of the foregoing petition and on motion of ,

attorneys for the petitioner, It is hereby ordered and decreed that

the prayer thereof be granted and that The Company

, Trustee under the will of , deceased, for ,

is hereby authorized and empowered to purchase and acquire

from a fee simple title in (description) :

subject, nevertheless, to the following conditions and restrictions:

(recite conditions and restrictions) :

and upon the execution and deliver)' of a good and sufficient deed



FORMS 79, 80 613

for the said premises to pay to the said therefor, the

price or sum of $ .

By the Court :



J-

80. PETITION BY TRUSTEE FOR LEAVE TO PUR-
CHASE REAL ESTATE REQUIRING AN IN-
VESTMENT OF AN AMOUNT LARGER THAN
THAT AUTHORIZED BY THE WILL. 529.

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 , surviving trustee under the will of

, deceased, respectfully represents:

1. That died , having first made, published and

declared her last will and testament dated (copy of which

is annexed hereto as Exhibit "A"), duly probated in the office

of the Register of Wills of Philadelphia County, on ,

whereunder and whereby she provided inter alia as follows:
(recite terms of trust) :

2. Under said will your petitioner and were appointed

trustees. The said died on the .

3. The said life tenant is living and intermarried with one
-, and they have but one child, to wit, , a minor for



whom The Company , is guardian.

4. The said has requested your petitioner to purchase

for her use as a residence and home, a certain three-story stone

dwelling and two-story two-car garage at the corner of

Avenue and Avenue, Township,

County, Pennsylvania, known and described as follows: (descrip-
tion) :

5. The said premises can be purchased for the sum of $ ,

payable $ in cash and $ by the assumption of one

or more mortgages in the usual form, bearing interest at the
rate of 6 per cent, per annum and due at the expiration of three
years.

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



614 FORMS 80

of the premises in question that the said price is a reasonable
one and less than would have to be paid at public sale.

7. Your petitioner is informed and believes that the purchase
of the said property, in view of the circumstances hereinbefore
referred to, will be to the best interest and advantage of the

estate of the said for whom your petitioner is trustee,

and no change will be made in the course of succession by said
investment as regards the heirs and next of kin of the cestui que
trust and furthermore, such investment will not be contrary to
the provisions contained in the said will.

8. The only parties interested in the said trust as hereinabove

set forth, to wit, and The Company ,

Guardian of , have received notice of the intended presen-
tation of this petition and have joined in the prayer thereof.

9. While your petitioner has the power under the said will,

if the said should desire, that a house should be purchased

for herself "to use the funds of her share of the trust estate to

an amount not exceeding $ for such purchase," and though

your petitioner deems it to be advisable to make such purchase,
yet under the terms of the will he has not the power to make
such purchase incumbered by a mortgage and therefore, having
in hand certain moneys, the principal or capital whereof is to
remain in his possession and under his control, acting under and
by authority of Section 41 (a) 2 of the Fiduciaries Act of 1917,
prays your Honorable Court for leave and authority as surviving

trustee under the will of (his co-trustee having died as

above set forth), to purchase and acquire title in fee simple to
the premises hereinabove described under and subject to the
restrictions hereinabove set forth and under and subject to a

mortgage or mortgages aggregating $ in the usual form

with interest at 6 per cent, due at the expiration of three years
and upon the execution of a good and sufficient deed for the

said premises, to pay therefor the said price or sum of $

in cash and thereafter to hold title to the same under the uses
and trusts and with the powers conferred in and by virtue of the
terms of the said will.

And your petitioner will ever pray, &c.



Surviving Trustee under the Will
of , deceased.



FORMS 80 615

State of , County of , ss:

being duly sworn according to law, deposes and says

that he is the surviving trustee under the will of , deceased,

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 the only parties interested as life

tenants and remaindermen under the will of , deceased, in

the trust referred to in the foregoing petition, hereby acknowl-
edge that we have received notice of the intended presentation
of the said petition and join in the prayer thereof.

EXHIBIT "B."

County, ss:

On this day of 1920, personally appeared before

me , who being duly , says that he is a real estate

broker ; that he has for years been largely interested and

engaged in the business of dealing in real estate in the neighbor-
hood in which the premises described in the foregoing petition
are located ; that he is familiar with the values of real estate in
said locality; that he knows said premises well and that in his

opinion the price or sum of $ , indicated in said petition

as being the present value of said premises is a just and true
valuation thereof, and that the same in his opinion represents
their market value and a less sum than would have to be paid for
said premises, provided the same could be sold at public sale.

to and subscribed before me this



day of , 1920.



DECREE.

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

for the petitioner, // is hereby ordered and decreed that the prayer

thereof be granted and that , surviving trustee under the

will of , deceased, is hereby authorized and) empowered to

purchase and acquire a fee simple title in: (description) :



-6 1 6 FORMS 80, 81

and to hold title to the same upon the uses and trusts and with

the powers conferred upon him under the will of the said ,

and upon the execution and delivery of a good and sufficient deed

for the said premises, to pay therefor the price or sum of $

and take title thereto under and subject to one or more mortgages

aggregating $ , due at the expiration of three years with

interest at 6 per cent.

By the Court :



J-

81. PETITION BY CREDITOR FOR CITATION ON
EXECUTOR TO FILE AN ACCOUNT. 539.

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 respectfully represents:

1. That died on , a resident of Philadelphia

County, having first made, published and declared her last will

and testament dated the day of , duly probated in

the office of the Register of Wills of Philadelphia County, on

, being Will No. , duly recorded in Will Book

, page , wherein and whereby the said decedent did

appoint her son, , of Street, Philadelphia, Executor

to whom letters testamentary were duly granted by the said
Register on the date aforesaid.

2. As set forth in the petition for letters testamentary the dece-
dent died seized of personal property of the value of $ , and

real estate, to wit: Street, Philadelphia, of a value of

3. No inventory has been filed by the said Executor, nor has
he filed any accounting of his executorship in the office of the
Register of Wills as required by law, though repeatedly requested
so to dd by your petitioner.

4. Your petitioner is an undertaker engaged in business at
Street, Philadelphia.

5. Your petitioner, at the request of the said Executor, attended
to the burial of the said decedent and there is justly due and



FORMS 81 617

owing to your petitioner a balance of $ on account of the

cost of said burial.

6. The said Executor, , though repeatedly requested

so to do by your petitioner has neglected and refused and still

neglects and refuses to pay the said balance of $ due your

petitioner as aforesaid.

Wherefore your petitioner prays your Honorable Court for

a citation directed to the said , Executor of the estate of

, deceased, to show cause why he should not forthwith

file an account as such Executor in the office of the Register of
Wills of Philadelphia County, as required by law.

And your petitioner will ever pray, etc.



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 and correct to the best of his knowl-
edge, information and belief.

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



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 and on motion of , attor-
neys/ for the petitioner, It is hereby ordered and decreed that the
prayer thereof be granted and a citation is directed to be issued

to , Executor of the estate of , deceased, to show

cause why he should not forthwith file an account as such Ex-
ecutor in the office of the Register of Wills of Philadelphia
County, as required by law. Returnable sec. leg.
By the Court :



J-



618 FORMS 82 .

82. PETITION BY AN ACCOUNTANT FOR THE AP-
POINTMENT OF AN AUDITOR IN COUNTIES
HAVING NO SEPARATE ORPHANS' COURT.
550.

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

To the Honorable, the Judges of the Said Court:

The petition of Company , Trustee under the

will of , deceased, respectfully represents:

1. That it is trustee under the will of , deceased.

2. That as such trustee it filed its account in your Honorable
Court on or about the day of .

3. On , said account was confirmed nisi and on

the said account was confirmed absolutely.

4. Said account shows a balance of principal on hand for dis-
tribution amounting to $ of principal and $ of in-
come.

5. That before distribution can be made, it is necessary for the
appointment of an auditor. Wherefore your petitioner prays
your Honorable Court to appoint an auditor for the purpose afore-
said.

And your petitioner will ever pray, &c.



By-



Trustee under the Witt 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 , 1920.

DECREE.

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



FORMS 82, 83 619
-, attorneys for the petitioner, the Court appoints



Auditor of the estate of , deceased.

By the Court :



J-

83. PETITION TO OPEN AN ADJUDICATION BASED
UPON AN ERRONEOUS STATEMENT OF FACT.



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 - Company - , Executor of the
estate of - , deceased, respectfully represents :

1. The decedent died - , having made his last will, a
copy of which is annexed hereto as Exhibit "A," duly probated
on - , on which the present letters were granted to your
petitioner and leaving to survive him neither widow nor issue.

2. Decedent by his will gave certain specific and pecuniary
legacies, all of which have been paid except the legacy to -
of $ - , and the legacy to the Society - , of $ - .

3. Under a misapprehension of fact that - was living
and that the Society - was a charitable organization in
being and able to take, the first account of your petitioner was
duly filed and called for audit before the Honorable - ,
President Judge, who filed an adjudication on - , awarding
to - - the sum of $ - , less tax and plus interest and award-
ing to the Society - the sum of $ - , less tax and plus
interest and this error was continued in the schedule of distribu-
tion whereby each were awarded the sum of $ - .

4. As a matter of fact - predeceased the testator, whereby
her legacy lapsed and should have been distributed among the
residuary legatees and the Society - was never in existence
or capable of taking the said legacy.

5. The parties now entitled to the residuary estate of the said
decedent are as follows : (list them and show interest) :

6. Notice of the intended presentation of this petition has
been given to the Attorney General of the Commonwealth of



620 FORMS 83

Pennsylvania and to the Auditor General of the Commonwealth

of Pennsylvania, by his local representative, , Esq., and

their joinder herein is annexed hereto.

Wherefore your petitioner prays that the adjudication of the
Honorable , dated , sur the first account of The

Company , Executor of the estate of , de-
ceased, be opened with respect to the award of $ , to

the Society and the award of $ , to ,

for the purpose of review and that as thus reopened the same

be referred to the Auditing Judge, for a re-audit of the

said account as respects the said legacies and distribution of the
same to the persons found entitled thereto.

And your petitioner will ever pray, etc.

The Company , Executor of

the Estate of , deceased.

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

Sworn to and subscribed before me this

day of , 1921.



JOINDER.

I, the undersigned, acting herein for the Attorney General
of the Commonwealth of Pennsylvania, hereby acknowledge that
I have received notice of the intended presentation of the fore-
going petition and join in the prayer therof.



JOINDER.

I, the undersigned, acting herein for the Auditor General of
the Commonwealth of Pennsylvania, hereby acknowledge that I
have received notice of the intended presentation of the fore-
going petition and join in the prayer thereof.



FORMS 83, 84 621

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 and on motion of , attor-
neys for the petitioner, It is hereby ordered and decreed that the
prayer thereof be granted and that the adjudication of the Hon-
orable , dated , sur the first account of The

Company , Executor of the estate of , deceased, be

opened with respect to the award of $ to the Society

, and the award of $ to for the purpose of

review and that as thus reopened the same be referred to the

Auditing Judge, , for a re-audit of the said account as

respects the said legacies and distribution of the same to the
persons found entitled thereto.

By the Court :



J.

84. PETITION FOR THE REVIEW OF AN ADJUDICA-
TION BY A KNOWN CREDITOR WHO WAS
GIVEN NO NOTICE OF AUDIT. 551

In the Orphans' Court, County of Philadelphia.

In re Estate of , deceased.

Term, , No. .

To the Honorable, the Judges of the Said Court:

Petition of , Executrix of the estate of , deceased,

respectfully represents :

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

died on the day of , having first made and pub-
lished his last will and testament dated , duly probated

in the office of the Register of Wills in and for the County of

Philadelphia, on , and recorded in Will Book No. ,

Page , &c., wherein and whereby he appointed ,

Executor and Trustee.

2. The said , on the day of , renounced

his right to act as such executor, whereupon letters of adminis-



622 FORMS 84

tration cum testamento annexe were issued to and .

died on the day of .

3. By the terms of the said will his entire estate was devised
and bequeathed to the testamentary trustee to pay one-
third of the income to testator's wife, , for life, two-thirds

for the maintenance and support of his children, and on the
death of the wife and when the youngest child should reach the
age of twenty-one, the principal to be divided equally among
his children then living or the issue of those deceased, per stirpes,
with the power in the executor or trustee to sell or mortgage the
real estate, &c. (Here list parties in interest.)

4- , surviving administrator c. t. a., filed his first account

after citation and the same came up for audit before the Honor-
able on and . At the audit appeared

for the accountant. By his adjudication the learned Auditing

Judge awarded the balance of personalty $ , to ,

Trustee under the will for the uses and purposes therein set

forth. This sum was reduced by the amount of $ at a

subsequent audit , leaving a net balance of $ , and

on said account was confirmed absolutely.

5- on the day of , executed and delivered

to , surviving trustee under the will of , deceased,

his certain bond in the penal sum of $ to secure the pay-
ment of $ at the expiration of one year from the date

thereof, with interest thereon, payable half-yearly at six per cent,
per annum, secured by a mortgage recorded at Philadelphia, in
Mortgage Book Page , covering acres and

perches of ground on the side of Road,

south of Road in the ward of the City of Phila-
delphia.

6. By sundry mesne assignments the last of which was re-
corded in the assignment of mortgage book , Page , the

said bond and mortgage were assigned to and were owned

by him and in his possession at the time of his death.

7. The said died on the day of , having



Online LibraryRaymond Moore RemickThe statutory law of decedents' estates in Pennsylvania, with annotations and forms → online text (page 62 of 71)