Raymond Moore Remick.

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

. (page 63 of 71)
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first made, published and declared his last will and testament
wherein and whereby he appointed your petitioner, executrix, and
letters testamentary were issued thereon by the Register of Wills

of the County of Philadelphia, on the day of , and

have not since been revoked.



FORMS 84 623

8. The said bond in the sum of $ was a valid and sub-
sisting debt of the decedent at the time of his death, and at the

time of the above audit, with interest at 6 per cent, from

to date.

9. The Company , has for many years last past

and is at this date, acting as attorney in fact for the owner of
said bond and mortgage, in the collection of interest thereon.

10. surviving administrator c. t. a., was thoroughly

familiar with this bond and mortgage as shown in his account

signed and sworn to on , wherein under dates of ,

he claims credit for payment "To Company six months'

interest on mortgage $ Road, $ and charges himself

in said account with rent received from said property in the sum

11. The said , surviving administrator c. t. a., in his

petition for distribution signed and sworn to on the day

of , recites as follows:

"The unpaid claims of all creditors of which the accountant
has notice or knowledge, with the amounts of such claims
and whether or not they are admitted to be correct are as
hereinafter set forth; said creditors have received notice of
this audit."
and followed it with the names of no creditors whatever.

12. No notice whatever of the filing of the account of the said

, surviving administrator c. t. a., or of the audit thereof,

was given to the said nor to the petitioner, his Executrix,

not to the Company , Agent, and said account was

filed and audited, and distribution decreed entirely without the
knowledge of any of them. Whereby grave injustice and irrep-
arable loss has been worked upon your petitioner if the same
be not remedied.

13. That the only persons affected by this petition are : .

14. Therefore your petitioner prays that a citation be awarded

directed to , commanding them and each of them to appear,

and to show cause why the decree of confirmation of the said
account, in so far as the rights of your petitioner are concerned,
should not be vacated, set aside, opened, reviewed and corrected,
and why such order of restitution on the parties concerned and
such other relief in the premises as may be meet should not be
decreed to her.



624 FORMS 84, 85

And your petitioner will ever pray, &c.



Executrix of the Estate of ,

-Deceased.

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

, being duly sworn according to law, deposes and says

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 , 1919.



-Notary Public.



My commission expires .

And Now, to wit, this day of , 1919, on con-
sideration of the foregoing petition on motion of , attor-
neys for the petitioner, It is hereby ordered and decreed that the
prayer thereof be granted, and that a citation be issued directed

to , same being all the parties in interest, to appear and

show cause why the decree of confirmation of the said account

of , surviving administrator c. t. a., of the estate of ,

deceased, on , should not be vacated, set aside, opened,

reviewed and corrected in so far as the rights of the petitioner
are concerned, and to show cause why such an order of restitu-
tion on the parties concerned and such other relief in the prem-
ises as may be meet, should not be decreed to her.

Returnable sec. leg.



J.

85. PETITION FOR THE DISTRIBUTION OF AN ES-
TATE NOT EXCEEDING THREE HUNDRED
DOLLARS. 554.

In the Orphans' Court of Philadelphia County.

In re Estate of , deceased.

Term, , No. .



FORMS 85 625

PETITION FOR APPROVAL OF AN ACCOUNT OF AN
ESTATE LESS THAN THREE HUNDRED DOLLARS
UNDER SECTION 49 (c) OF THE FIDU-
CIARIES ACT OF 1917.

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

1. died a resident of Philadelphia County, on the

day of , intestate and without issue, leaving to

survive her your petitioner, her husband, as her sole heir and
next of kin.

2. Letters of administration were granted to your petitioner

by the Register of Wills of Philadelphia County, on the

day of , and a bond was duly filed by your petitioner as

such administrator, wherein the Company of , is

surety.

3. That your petitioner has prepared and herewith submits
annexed hereto his first and final account as such administrator.

4. That all the debts of the decedent have been paid in full
and your petitioner has no knowledge of any credits. Your peti-
tioner paid the funeral bill of the said decedent to ,

Avenue, Philadelphia, in the sum of $ on the day of



5. That the only person interested in this estate other than
your petitioner is the surety on his bond, to wit: Com-
pany, of , which company has received notice of the in-
tended presentation of this petition and has joined in the prayer
thereof.

Wherefore your petitioner prays that the said account may be
approved, your petitioner discharged as administrator and his
surety released from future liability on the said bond as provided
by Section 49 (c), of the Fiduciaries Act of 1917.

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
40



626 FORMS 85, 86

foregoing petition are true to the best of his knowledge, informa-
tion and belief.

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



JOINDER.

The undersigned, being the only party in interest, other than
hereby acknowledges that it has received notice of the



intended presentation of the foregoing petition and joins in the
prayer thereof.

(Signature.)

DECREE.

And Now, to wit, this day of , 1921, upon con-
sideration of the foregoing petition and the annexed account and

on motion of , attorneys for the

petitioner, it appearing that said account has been duly verified,
all parties in interest having acknowledged receipt of notice of
the filing of this petition, It is hereby ordered, adjudged and

decreed that , Administrator of the estate of

, deceased, be discharged as such administrator at the

expiration of thirty days from the date of this decree and that the

Surety Company of , be released from future

liability on the bond of the said administrator, unless during said
period of thirty days exceptions be filed to the account.
By the Court :



J.

86. PETITION FOR THE DISCHARGE OF AN EXEC-
UTOR. 563.

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 , one of the executors of the above estate

respectfully represents :

i. That died , having first made her last will

and codicil thereto, duly probated , in which she appointed



FORMS 86 627

your petitioner and Trust Company, executors, and Let-
ters Testamentary were duly granted to them.

2. On the day of , the said executors filed their

first account and on the day of , their second ac-
count which came up for audit and were duly adjudicated on
and , respectively, and since confirmed absolutely.

3. That the entire estate has been paid and transferred to the
parties entitled thereto.

4. That no other money or property belonging to the estate has
been received by your petitioner since the adjudication of the
account.

5. That the only parties in interest are : .

Trust Company, co-executor and all of said parties in

interest join in this petition.

Wherefore your petitioner prays that he may be discharged
as co-executor of the estate of , deceased.

And your petitioner will ever pray, etc.



County of Philadelphia, 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 , 1919.

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

estate of , either as distributees or otherwise, hereby

acknowledge that we have received notice of the intended presen-
tation of the foregoing petition and join in the prayer thereof.

(Signatures.)

DECREE.

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

attorneys for petitioner, , is hereby discharged as executor

of the estate of , deceased.

By the Court :



628 FORMS 87

87. PETITION FOR DISCHARGE OF ANCILLARY
EXECUTOR. 563.

In the Orphans' Court of Philadelphia County.

In the matter of the Estate of , deceased.

- Term, , No. .

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

1. That your petitioner is ancillary executor of the estate of

, who died on , in County, New York,

ancillary letters testamentary having been granted to your peti-
tioner by the Register of Wills of Philadelphia County, on .

2. That your petitioner duly filed his first and final account in
the office of the Register of Wills of Philadelphia County, and
the same was called for audit before your Honorable Court on

the day of . Said account was confirmed nisi by

adjudication dated , and supplemental adjudication dated

, has since been confirmed absolutely.

3. That the sole party in interest and sole distributee under

the said adjudication is , executor at the domicile of the

said decedent who has filed his receipt and release for the entire
balance of the account in the office of the Clerk of the Orphans'
Court of Philadelphia County.

4. The Trust Company is surety on the bond of the

said ancillary executor.

5. The said executor at the domicile and the said surety are
the only parties interested in this petition. They have received
notice of its intended presentation and have joined in the prayer
hereof.

Wherefore your petitioner prays that he may be discharged as

ancillary executor of the estate of , deceased, and the

Trust Company, surety on his bond, released from future

liability thereon.

And your petitioner will ever pray, etc.



State of , County of



being duly sworn according to law, deposes and says

that he is the petitioner herein and that the facts set forth in the



FORMS 87, 88 629

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.



JOINDER.

We, the undersigned, being the only 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.



Executor at the domicile of
deceased.



TRUST COMPANY.



By-



Surety.

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 , attor-
neys for the petitioner, It is hereby ordered and decreed that the

prayer thereof be granted and , ancillary executor of the

estate of , deceased, is hereby discharged as such ancillary

executor and Trust Company, surety on his bond, is

hereby discharged from future liability thereon.
By the Court :



J.

88. PETITION FOR DISCHARGE OF ADMINISTRA-
TOR D. B. N. C. T. A. 563.

In the Orphans' Court of Philadelphia County.

In the matter of the Estate of , deceased.

Term, , No. .



630 FORMS 88

To the Honorable, the Judges of the Said Court:

The petition of , administrator d. b. n. c. t. a., of the

estate of , deceased, respectfully represents :

1. Your petitioner duly filed his final account before your
Honorable Court and the same came up for audit before the

Honorable , and for supplemental audit before the Ho'nor-

able , and by an adjudication filed by Judge on

, the entire balance in the hands of your accountant was

awarded to , executors of the estate of , deceased,

and the said balance was turned over to the said trustees and

their release and satisfaction of award duly filed on the

day of .

2. Since the said adjudication no money or other property of
the decedent has come into the hands of your petitioner.

3. All of said parties in interest and the Trust Com-
pany, surety on the bond of your petitioner, have received notice
of the intended presentation of this petition and have joined in
the prayer thereof.

Wherefore your petitioner prays that he may be discharged as
such administrator and his surety released from future liability.
And your petitioner will ever pray, &c.



Administrator d. b* n. c. t. a. of the
Estate of , deceased.



State of , County of



being duly sworn according to law, deposes and says



that he is administrator d. b. n. c. t. a., of the estate 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 , 19 .



JOINDER.

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

estate of , deceased, and The Trust Company,

surety on the bond of the administrator of the estate of the said
decedent, hereby acknowledge that we have received notice of



FORMS 88, 89 631

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

(Signatures.)

DECREE.

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

attorneys for the petitioner, , is hereby discharged as

administrator d. b. n. c. t. a., of the estate of , deceased,

and the Trust Company, surety on his bond as such admin-
istrator is hereby released from future liability on said bond.
By the Court :



I.

89. PETITION FOR THE DISCHARGE OF THE
GUARDIAN OF THE ESTATE OF A MINOR. 563.

In the Orphans' Court of Montgomery County.
In re Estate of , late a minor.

To the Honorable,

President Judge of Said Court:

The petition of , Guardian of the estate of , late

a minor, respectfully represents:

1. Your petitioner duly filed his first and final account in your
Honorable Court and the same was examined and audited on

the first day of , and confirmed nisi on , and since

confirmed absolutely.

2. Under the terms of the said adjudication the balance for

distribution as shown by the account, to wit, $ , was

awarded to the said , and the same has been paid over and

distributed to her and her receipt therefor filed of record.

3. No money or other property has come into the hands of
your accountant since the filing of the said account.

4. All parties in interest have received notice of the intended
presentation of this petition and join in the prayer thereof.

Wherefore your petitioner prays that he may be discharged
as Guardian of the said , late a minor, and his surety re-
leased from future liability on his bond.

And your petitioner will ever pray, &c.



632 FORMS 89, 90

County of Philadelphia, 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 , 19 .



JOINDER.

We, the undersigned, being the sole distributee mentioned in
the foregoing petition and the surety on the bond of the said
Guardian, 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 hereby ordered and decreed that be

and he is hereby discharged as guardian of the estate of ,

late a minor, and , the surety on said Guardians' bond is

hereby discharged from future liability thereon.

90. PETITION FOR THE DISCHARGE OF SURETY
ON THE BOND OF A TRUSTEE. 563.

In the Orphans' Court of Philadelphia County.

Estate of , deceased.

Term, , No. .

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

1. On or about the day of , your petitioner filed

in your Honorable Court her account of one-fourth of the net
proceeds of the sale of , which was a portion of the resi-
duary estate of the above decedent.

2. That by adjudication of your Honorable Court on the

, sur said account, the same was approved, and the balance

shown thereby, to wit: $ was distributed and awarded

equally between and .



FORMS 90 633

3. That the said fund has been distributed to the said parties
entitled thereto, and their receipt and release taken therefor, and
filed of record in your Honorable Court.

4. On or about , your petitioner filed her bond in con-
nection with the above matter, in the sum of $ , wherein

the Trust Company is surety.

5. All parties in interest as herein set forth, including the said
distributees and surety, have joined in the prayer of this petition.

Wherefore your petitioner prays that the said Trust

Company be discharged as surety on said bond.
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 named in the foregoing petition, and that
the facts set forth therein are true to the best of her knowledge,
information and belief.

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



JOINDER.

I, the undersigned, having received my full share of the pro-
ceeds of the sale of , from , Trustee under the will

of , deceased, do hereby acknowledge that I have received

notice of the intended presentation of the petition for the dis-
charge of the surety of the said Trustee, and do hereby join in
the prayer thereof.



The Trust Company, the surety named in the foregoing

petition, hereby acknowledges that it has received notice of the
intended presentation of the foregoing petition, and joins in the
prayer thereof.

TRUST COMPANY,

By-

DECREE.

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



634 FORMS 90, 91

attorneys for petitioner, the Court grants the prayer thereof, and

the Trust Company, surety on the bond of , Trustee

under the will of , deceased, in the matter of the

proceeds of the sale of , is hereby discharged from future

liability on said bond.

By the Court:



J-

91. PETITION FOR THE APPOINTMENT OF A SUB-
STITUTED TRUSTEE ON THE RESIGNATION
OF A TRUSTEE. 584.

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, respectfully repre-
sents :

1. Decedent died , having made his last will and testa-
ment, duly probated in the office of the Register of Wills of

Philadelphia County, on , copy of said will being hereto

annexed as Exhibit "A."

2. By said will he appointed and as Trustees

for . The said died on , so that your peti-
tioner is sole surviving trustee.

3. Decedent by his will gave one-twelfth of his estate to said
trustees and the survivor of them (recite terms of trust) :

4. The said is unmarried and has no issue. Her heirs

interested in remainder, provided she makes no appointment of

the trust fund by her will and dies without issue, are , a

brother, , your petitioner, a brother and , and

, nephews, children of a deceased brother. All of said

parties as above set forth are living and of full age. They have
received notice of the intended presentation of this petition and
have joined in the prayer thereof.

5. Your petitioner as surviving trustee has filed his account
in your Honorable Court and the same was called for audit before

on , and was confirmed nisi in an adjudication

filed; , and absolutely on the .



FORMS 91 635

6. By said adjudication, a copy of which is annexed hereto
as Exhibit "B," it is decreed inter alia that the balance of prin-
cipal composed as therein set forth "is awarded to the incoming
trustee and payment and distribution is so decreed with leave to
make any and all necessary assignments and transfers when he
shall have been appointed and qualified."

7. Your petitioner being desirous of relinquishing his office as
Surviving Trustee, has resigned as such to take effect upon the
appointment and qualification of his successor.

8. All parties in interest have agreed upon the selection of the

Trust Company as Substituted Trustee of this estate and

the said company; has accepted the trust, subject to the approval
of your Honorable Court.

Wherefore your petitioner prays that Trust Company

be appointed Substituted Trustee for under the will of

in place of , surviving Trustee who has resigned.

And your petitioner will ever pray, etc.



Surviving Trustee of the Estate
of , deceased.

State of , County of , ss:

, being duly sworn according to law, deposes and says

that he is Surviving Trustee of the estate 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 in the

estate of , deceased, hereby acknowledge that we have

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

(Signatures.)

DECREE.

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



636 FORMS 91, 92

attorney for the! petitioner, It is hereby ordered and decreed that

the prayer thereof be granted and Trust Company is

appointed Substituted Trustee for under the will of

in place of , surviving trustee who has resigned;

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

the Trust Company is hereby approved as such security.

By the Court :



J-

93. PETITION FOR THE DISCHARGE OF TRUSTEE
AND APPOINTMENT OF SUBSTITUTED TRUS-
TEE ON THE RESIGNATION OF THE FORMER.
584-
In the Orphans' Court of Philadelphia County.

In the matter of the Estate of , deceased.

Term, , No. .

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

1. That died on the day of , a resident

of Philadelphia County, having first made, published and declared

his last will and testament and codicil thereto dated , both

duly probated in the office of the Register of Wills of Philadel-
phia County, a copy thereof being hereto annexed as Exhibit "A."

2. By paragraph of his will the decedent provided:

(recite terms of trust) :

3. The decedent nominated and as Executors

and Trustees. was discharged on . died

on . died on , and and were

appointed as substituted Trustees inter alia for your petitioner
under the will of the above decedent by decree of your Honor-
able Court dated , security to be entered in the sum of

$ , which security was duly entered by the Company

of .

4. The said substituted Trustees desiring to be discharged,
filed their first and final account in the office of the Clerk of the

Orphans' Court and the same was called for audit before ,

J., on , and the account was confirmed nisi on , and



FORMS 92 637

confirmed absolutely on , a copy of such adjudication is

hereto annexed as Exhibit "B."

5. The balance shown by the account is $ , composed as

follows : , which balance composed as in the account stated

was awarded in the said adjudication to a trustee to be appointed
for the purpose of the trust.

6. The said , life tenant upon the decease of your peti-
tioner, is living and of full age and has two children, to wit:

and , both living and of full age and no issue of

deceased children. The same are all the parties interested in this
proceeding. They have received notice of the intended presenta-
tion of this petition and have joined in the prayer thereof.

7. Subject to the approval of your Honorable Court and with
the consent of all the parties in interest your petitioner desires

the appointment of the Trust Company as substituted

Trustee and by joinder hereto attached the present Trustees have

resigned, subject to the appointment of the said Trust

Company, and the latter has accepted the trust subject to the
approval of your Honorable Court.

Wherefore your petitioner prays that Trust Company

be appointed substituted Trustee under the will of , de-



Online LibraryRaymond Moore RemickThe statutory law of decedents' estates in Pennsylvania, with annotations and forms → online text (page 63 of 71)