Raymond Moore Remick.

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

. (page 64 of 71)
Online LibraryRaymond Moore RemickThe statutory law of decedents' estates in Pennsylvania, with annotations and forms → online text (page 64 of 71)
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ceased, for in lieu of , and resigned.

And your petitioner will ever pray, &c.



State of , County of , ss:

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

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



JOINDER.

We, the undersigned, being the succeeding life tenants and
remaindermen under the trust set forth in the foregoing petition
and as such, together with the parties who have joined therein,
all the parties interested in said petition, hereby acknowledge that



638 FORMS 92

we have received notice of the intended presentation of the said
petition to the Orphans' Court of Philadelphia County, and join
in the prayer thereof.

(Signatures.)

JOINDER.

We, the undersigned, and , substituted Trustees

under the will of , deceased, for , hereby acknowl-
edge that we have received notice of the intended presentation of
the foregoing petition. We hereby resign as such substituted
Trustees subject to the appointment of the Trust Com-
pany as our successor, said resignation to take effect and be
effective upon the appointment of the said succeeding Trustee
and the transfer of the trust estate to it and the execution and
delivery by it of a receipt and release therefor.

(Signatures.)

JOINDER.

Trust Company, suggested in the foregoing petition as

substituted Trustee under the will of , for , hereby

acknowledges that it has received notice of the intended presen-
tation of the foregoing petition and accepts the appointment of
substituted Trustee subject to the approval of the Orphans'
Court of Philadelphia County.

TRUST COMPANY,

By



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, and , are hereby dis-
charged as substituted Trustees for , under the will of

, deceased ; conditioned, however, upon the transfer and

delivery of the assets of the estate in accordance with the adju-
dication of , and Trust Company is appointed sub-



FORMS 92, 93 639

stituted Trustee for under the will of , deceased,

in place of the said and , resigned, 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.

93. CERTIFICATE AND AFFIDAVIT BY FOREIGN
FIDUCIARY ENTITLED TO AN AWARD IN DIS-
TRIBUTION. 595.

In the Orphans' Court of Philadelphia County.

In re Estate of , deceased.

Term, , No. .

AFFIDAVIT UNDER SECTION 58 (f ) OF THE
FIDUCIARIES ACT OF 1917.

, being duly sworn according to law, deposes and says :

1. He is the executor of the estate of , deceased, under

probate dated , in His Majesty's High Court of Justice

in the District Probate Registry, at , England.

2. As such he is duly authorized and empowered to receive all
property belonging to the estate of , deceased.

3. That by the adjudication of the Orphans' Court of Phila-
delphia County, in the estate of , deceased, dated ,

there is distributable to him one-twelfth of the net estate of the
said decedent, subject to compliance with Section 58 (f) of the
Fiduciaries Act of 1917.

4. That there are no creditors of the estate of in the

Commonwealth of Pennsylvania.

5. That this affidavit is made in compliance with the require-
ments of Section 58 (f) of the Fiduciaries Act of 1917.

And further deponent saith not.
Sworn to and subscribed before me this
day of , 1920.



640 FORMS 94

94. PETITION FOR THE APPOINTMENT OF A
GUARDIAN FOR THE ESTATE OF A MINOR
UNDER THE AGE OF 14 YEARS. 599.

In the Orphans' Court of Philadelphia County.
In the matter of the Estate of Mary Doe, a minor.
Term, , No. .

To the Honorable, the Judges of the Said Court:

The petition of Mary Doe, by her father and next friend,
George Doe, respectfully represents:

1. That your petitioner is the daughter of George Doe and
Sarah Doe, the latter of whom is now deceased.

2. That your petitioner resides with her father in Detroit,
Michigan.

3. That your petitioner was born on the day of ,

and is now over years of age.

4. That your petitioner is the only child of Sarah Doe, who

died intestate on , leaving to survive her, her husband,

George Doe, and your petitioner as her only heirs and next of kin,
whereby your petitioner became seized of an undivided one-half
interest in fee of premises Street, Philadelphia, valued at

5. That proceedings are about to be had before your Honor-
able Court for the sale of said property at private sale in which
proceedings it is necessary that your petitioner be represented
by guardian to receive and receipt for her share of the purchase
money and act for her in the conveyance of such property.

6. That your petitioner has no such guardian in this jurisdic-
tion and requests that your Honorable Court appoint The Acme
Trust Company, as guardian for the purpose aforesaid.

And your petitioner will ever pray, etc.

MARY DOE,



By-



Her father and next friend.

State of Michigan, County , ss:

George Doe, being duly sworn according to law, deposes and
says that he is the father of Mar}' Doe, the minor described in
the foregoing petition ; that he is familiar with the facts set forth
herein and that the same are true to the best of his knowledge,



FORMS 94, 95 641

information and belief; that The Acme Trust Company ,

suggested as guardian, is a corporation of respectability and prop-
erty in which the interests of the said minor may be safely
entrusted ; that it is neither executor, administrator or trustee of
any estate in which the said minor has an interest, nor surety on
the bond of any such fiduciary.

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



In the Orphans' Court of Philadelphia County.
In the matter of the Estate of Mary Doe, a minor.

1 JL ci III. ^ XN O - - ,

DECREE.

And Now, to wit, this day of , 1921, upon con-
sideration of the annexed petition and on motion of , attor-
ney for the petitioner, The Acme Trust Company, is hereby
appointed guardian for Mary Doe, a minor.
By the Court :



J.

95. PETITION FOR THE APPOINTMENT OF A
GUARDIAN FOR THE ESTATE OF A MINOR
OVER THE AGE OF 14 YEARS. 599.

In the Orphans' Court of Philadelphia County.
In the matter of the Estate of Harry Doe, a minor.
Term, 1921, No. .

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

1. That he is the son of Anna Doe and Harry B. Doe, both
of whom are living.

2. That he resides with his parents at Avenue, Phila-
delphia, Pennsylvania.

3. That he was born on the 1 day of , and is now

over fourteen years of age.

4. Under the will of , who died in , 1920, your

petitioner is entitled to a legacy of $ , and one-third of the



642 FORMS 95

residuary estate of the said decedent, which one-third share

amounts to approximately $ . That in order to receive said

legacy and said share of the residuary estate it is necessary that
your petitioner have a guardian appointed to accept and receipt
therefor.

5. That your petitioner has no such guardian and therefore
requests your Honorable Court to appoint The Acme Trust Com-
pany, as guardian of his estate as aforesaid.

And your petitioner will ever pray, etc.



State of Pennsylvania,
County of Philadelphia, ss:

Harry Doe 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.



State of Pennsylvania,
County of Philadelphia, ss:

Harry B. Doe being duly sworn according to law, deposes and
says that he is the father of the minor mentioned in the foregoing
petition and that the facts set forth therein are true and correct to
the best of his knowledge, information and belief ; that he is well
acquainted with the said minor's affairs and that The Acme Trust
Company, suggested as guardian is a corporation of respectability
and property to whom the estate of the said minor can be safely
entrusted, and that it is neither Executor, Administrator nor
Trustee of any estate in which the said minor has an interest, nor
surety on the bond of any such fiduciary.

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



FORMS 95, 96 643

JOINDER.

I, the undersigned, mother of the minor, Harry Doe, hereby
acknowledge that I have received notice of the intended presenta-
tion of the foregoing petition and join in the prayer thereof.



In the Orphans' Court of Philadelphia County.

In the matter of the Estate of Harry Doe, a minor.
Term, 1921, No. .

DECREE.

And Now, to wit, this day of , 1921, upon con-
sideration of the annexed petition and on motion of , attor-
ney for the petitioner, The Acme Trust Company, is appointed
Guardian of the estate of Harry Doe, a minor.
By the Court :



J.

96. PETITION BY GUARDIAN FOR LEAVE TO PAY
MOTHER OF MINOR INCOME AND PORTION
OF PRINCIPAL FOR SUPPORT. 607.

In the Orphans' Court of Delaware County.

In the matter of the Estate of , a minor.

Term, , No. .

PETITION FOR LEAVE TO PAY.
To the Honorable, the Judges of the Said Court:

The petition of the Trust Company, Guardian of the

estate of , a minor, respectfully represents :

1. That died , a resident of Philadelphia County,

having first made, published and declared his last will and testa-
ment, duly probated in the office of the Register of Wills of Phila-
delphia County.

2. That in and by his said will the decedent nominated, con-
stituted and appointed the Trust Company, testamentary

guardian! of the minor children of his late son, , deceased,

and the said Trust Company has since been appointed



644



FORMS 96



guardian of the estates of the said minors by decree of your
Honorable Court dated .

3. That is the widow of the said and the mother

of his children.

4. That the said



left him surviving



children,



to wit:
estates the



, the latter three of whom are minors of whose
Trust Company as aforesaid is guardian.

5. That the said Trust Company as guardian of each

minor is entitled to a share of the residuary estate

of the above decedent which said share amounts to

$ , and the said guardian is also entitled to the same share

of the real estate of the said decedent, to wit: Street,

which has been sold for $ , and a ground rent on

Street, which has been sold for $ , so that out of the pro-
ceeds of the sale of the said real estate and ground rent the said

Trust Company as guardian for each minor will receive

approximately $ , so that it will have a total fund for the

benefit of each of the said three minors of $ , and from

which the estimated net annual income will amount to approxi-
mately $ . The said guardian has income on hand and

accumulated since the death of the said decedent of approximately
$ for each of said minors.

6. Neither the said minors nor their mother have any income
other than that derived as aforesaid from their grandfather's
estate.

7. That the said is now pursuing 1 a course of education

at the University at , wherein the annual expense

amounts to $ per year, being $ for tuition, $

for room rent, heat and light, $ for car fares, books, inci-
dental and laboratory fees, $ for board and $ for

clothing.

8. That , mother of the said minors, and her five child-
ren, among whom is the said , all reside together in a

family home and residence maintained for the family at ,

Pennsylvania, in maintaining which the following fixed charges

per year must be paid, to wit : interest on $ ; taxes, $ ;

coa l } $ repairs, $ ; gas, water and electric light,

$ or a total of $ , of which expense each of said

minors should properly bear a share or $ .



FORMS 96 645

9. That , the mother of the minor, in order to support,

maintain and educate him commensurate with his station in life
and in a manner compatible with his maintenance prior to the
death of his father, has and is expending annually for him the
sum of $ , exclusive of numerous incidental expenses in-
curred from time to time for doctors' and dentists' bills and
proper disbursements for amusements and recreation of the said
minor. This expense has been continuous since the date of the

death of the father of the said minor, , on , and the

date of the death of the said on .

10. Since the death of the said , the said has

expended for the support, maintenance and education of the said

minor the sum of $ . During the same period, owing to the

fact that the greater portion of the minor's estate consists of cash

received on , very little income has been received by

the said guardian. The income thus received during this period

amounts only to the sum of $ , leaving a deficit of $ ,

payment of which is desired by the mother of the minor out of
the corpus of the estate of the said minor in the hands of the
said guardian.

11. The said , mother of the minor, as before stated, has

no source of income from which to pay the aforesaid necessary
expenses for the support, maintenance and education of the said

minor and has had to borrow the sum above expended of $

and has therefore requested your petitioner to make application
to your Honorable Court for leave to repay her the said sum out
of the principal of the minor's estate and thereafter to make pay-
ment to her of the income for the future support, maintenance
and education of the said minor.

12. The said minor is over the age of fourteen years and has
received notice of the intended presentation of this petition and
has joined in the prayer thereof.

13. The affidavit of the mother of the said minor as to the facts
herein set forth is hereto annexed.

Wherefore your petitioner prays for leave and authority to pay

to , mother of , a minor, out of the principal of his

estate the sum of $ to reimburse her for expenditures made

for the support, maintenance and education of the said minor up

to the day of , and for leave and authority to pay to

the said the income received from the said minor's estate



646 FORMS 96

from the day of for the support, maintenance and

education of the said minor until the further order of the Court.
And your petitioner will ever pray, etc.

TRUST COMPANY,



By-



Guardian of the Estate of
, a minor.

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.

I, the undersigned , being one of the minor children of

, deceased, over the age of 14, hereby acknowldge that I

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



State of Pennsylvania, County of , ss:

being duly sworn according to law, deposes and says

that she is the mother of , the minor mentioned in the fore-
going petition ; that she is familiar with the facts set forth therein
and that the same are true to the best of her knowledge, informa-
tion and belief ; that she has received notice of the intended pres-
entation of the foregoing petition and has joined in the prayer
thereof.

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

DECREE.

And Now, to wit, this day of , A. D. 1921, upon

consideration of the foregoing petition and on motion of ,

attorneys for the petitioner, the Trust Company, guardian



FORMS 96, 97 647

of the estate of , a minor, is hereby authorized and em-
powered to pay to , mother of , a minor, out of the

principal of his estate the sum of $ , to reimburse her for

expenditures made for the support, maintenance and education of

the said minor up to the day of , and to pay to the

said the income received from the said minor's estate

from the day of , for the support, maintenance and

education of the said minor, until the further order of the Court.
By the Court :



J.

97. PETITION BY GUARDIAN FOR LEAVE TO PAY
INCOME FROM TRUST TO MOTHER FOR ITS
EDUCATION, MAINTENANCE AND SUPPORT.

607.

In the Orphans' Court of Philadelphia County.

In re Estate of , a minor.

Term, , No. .

PETITION FOR LEAVE TO PAY.

To the Honorable, the Judges of the Said Court:

The, petition of , Guardian of , a minor, respect-
fully represents:

1. That your petitioner was duly appointed guardian of the

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

Court dated .

2. That said minor by the will of , who died , is

entitled to the income from a legacy of $ given and be-
queathed unto The Company , in trust for the said

minor and from which estate there is payable to her quarterly
under the terms of the said trust the sum of approximately

3. , the father of said minor, died on . ,

the mother of said minor is still living and resides at

Street, in the City of Philadelphia, where she maintains a home
for the said minor and herself.

4. The said minor has no source of income other than the
trust fund as above set forth.



648 FORMS 97

5. Under the terms of the said trust there has been accumulated
in the hands of the trustee income in the amount of $ .

6. The entire amount of the quarterly income from said trust
as well as the accumulated income thereon is required by the said
minor for her education, maintenance and support in a manner
suitable to her station in life and the said minor and) her mother
have requested your petitioner to present this petition to your
Honorable Court for leave to pay the income accumulated and
hereafter to be derived from the said trust to the mother of the
said minor for her education, maintenance and support.

Wherefore your petitioner prays for leave and authority to

pay to , the mother of , a minor, the income on hand

and accrued from the trust under the will of and the net

income as it may hereafter accrue from the interest of the said
minor in the said trust fund until the said minor arrives at the
age of twenty-one years or until the further order of the Court.

And your petitioner will ever pray, &c.



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

being duly sworn according to law, deposes and says

that she is the guardian of , the said minor, and that the

statements contained in the foregoing petition are true to the best
of her knowledge, information and belief.

Sworn to and subscribed before me this
day of , 1920.

JOINDER.

We, , the mother of , a minor, and , the said

minor in her own right, do hereby acknowledge that we have
received notice of the intended presentation of the foregoing peti-
tion and join in the prayer therof.



DECREE.

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

attorneys for the petitioner, , Guardian of the estate of



FORMS 97, 98 649

, is hereby authorized and empowered to pay to ,

the mother of the said minor, the income on hand and accrued

from the trust under the will of , and the net income as it

may hereafter accrue from the interest of the said minor in the
said trust fund until the said minor arrives at 1 the age of twenty-
one years or until the further order of this Court.
By the Court :



J-

98. PETITION BY GUARDIAN OF MINOR TO MAKE
PAYMENT OF PRINCIPAL IN RELIEF OF DE-
FICIENCY OF INCOME. 607.

In the Orphans' Court of Philadelphia County.

In re Estate of , a minor.

Term, , No. .

PETITION FOR LEAVE TO MAKE PAYMENT OF
PRINCIPAL.

To the Honorable, the Judges of the Said Court:

The petition of The Company , Guardian of the

Estate of , a minor, respectfully represents :

1. That your petitioner was appointed Guardian of the said
estate by decree of your Honorable Court dated .

2. By decree of your Honorable Court dated , your peti-
tioner was authorized to lay out and expend and pay over to the

mother of the said minor income not exceeding $ per year

for the support, maintenance and education of the said minor.

3. By decree of your Honorable Court dated , the

mother of said minor, , and the said minor were allowed

to occupy premises Avenue, belonging to said estate, free

of rent, the net rental thereof to be considered as part of the above
allowance.

4. By decree of your Honorable Court dated , the above

premises Avenue, were sold for a consideration of $

in cash over and above the mortgage thereon.

5. That your petitioner has in hand personalty amounting to
$ , from which the approximate net yearly income is




650 FORMS 98

-, and the proceeds of the sale of realty in the amount of
from which the approximate net yearly income is
The said minor is entitled to all of the income from
the personal estate and to two-thirds of the income from the

real estate making for the minor a net annual income of $

or thereabouts, and for the mother approximately $ . These

two items are the only sources of income available either for the
minor or his mother.

6. During the last year and upwards the mother of said minor,
, has been almost continuously confined to the Hos-
pital, where she has undergone many operations, so that she has
been unable to earn anything for the support of herself or her
son, and, on the contrary, has been compelled to lay out divers
large sums of money for hospital expenses, nurses' and doctors'
bills, medicines and surgical dressings, etc., to the extent of

7. By reason of said illness and its consequent effect upon

her earning capacity and increase in living expenses, , the

mother of said minor, has been compelled to overdraw the income

account due the said minor to the extent of $ as of ,

of this year.

8. Your petitioner has been notified of the above facts by the

said , and has investigated same and believes them to be

true in all respects, and has been requested by her to present this
petition to your Honorable Court.

Wherefore your petitioner prays for leave to pay to the said

, out of the principal of the personal estate in its hands as

Guardian for the said minor, the sum of $ , of which

shall be used to make up the overdraft of income and
in payment of hospital bills, etc.
And your petitioner will ever pray, &c.



Company , Guardian



of the Estate of
By



County of Philadelphia, ss:

being duly sworn according to law, deposes and says

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



FORMS 98, 99 651

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.

I, the undersigned, mother of , the minor, mentioned in

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

(Signature.)

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 The Company ,

Guardian of the estate of , a minor, be and the same is

hereby authorized and empowered, out of the principal of the
personal estate held by it for the benefit of the said minor, to pay

the sum of $ , whereof $ shall be paid to income

to reimburse the same for the overdraft thereon and $

shall be paid to , mother of said minor, to reimburse her

for the necessary .expenses incident to her treatment in the

Hospital.

By the Court :



J-

99. PETITION BY GUARDIAN OF MINOR TO MAKE
PAYMENT OF A LUMP SUM OUT OF INCOME
TO DEFRAY WEDDING EXPENSES OF MINOR.
607.

In the Orphans' Court of Philadelphia County.

In the matter of the Estate of , a minor.

Term, , No. .



652 FORMS 99

PETITION FOR LEAVE TO PAY!
To the Honorable, the Judges of the Said Court:

The petition of , Guardian of the Estate of , a

minor, respectfully represents:

1. That your petitioner was duly appointed guardian of the
estate of the said minor by decree of your Honorable Court dated
, after the death of , the former guardian.

2. That the approximate value of the estate in the hands of

your petitioner as guardian aforesaid is $ , from which the

approximate annual income is $ . In addition to this the

said minor is entitled to income from other funds in the hands



Online LibraryRaymond Moore RemickThe statutory law of decedents' estates in Pennsylvania, with annotations and forms → online text (page 64 of 71)