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HomeMy WebLinkAboutOC1968-0058 - ESTATE OF REES:,.__.----_. I v-ff ~!rifIINTHEORPHANSI .COURT OFI" ,~ WASHINGTON COUNTY, 1 i >!PENNSYLVANIA 1.!,II Estate of II ELIZABETH E.REES, II Deceased. No.,1958 O.C. I ~ PETITION ~~J:. ~/ \~~\i~',.- - I' ~~~V . r I~~]:J .:~,.'-. 1 ;I,..,...-4. I 'R:'-~'-.-;.) l().,.~,• I J'".......~I ;,.-">"S1J ".....•J .......,-I.. GREENLEE.RICHMAN. DERRICO Be POSA ATTORNEYS AT LAW ".. ,A __ ~ \~'.. ) ,~f WASHINGTON TRUST BUILDING WASHINGTON,PAc 15301 /~J-.5/ ,.~- •• '\ IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA Estate of ) ) ELIZABETH E.REES,) ) Deceased.) No.19{8 O.C. PETITION TO THE HONORABLE P.VINCENT MARINO,PRESIDENT JUDGE OF SAID COURT: The Petition ofWrigh~s Methodist Church,Inc.,a non-profit corporation respectfully represents: 1.rhat by the First Paragraph of the First Codicil to the Last Will and Testament of Elizabeth E.Rees, deceased,(WB 86,page 73)the petitioner became seized with 32.9951 Acres,of'land situated in Nottingham Township,Washington County,Pennsylvania. 2.Said devise reads as follows: "Paragraph 2 of my said will,I direct be changed so that said paragraph will read as follows:I devise unto said Wright~Methodist Church,its successors and assigns,the land comprising the woods 'across the creek from the church,conditioned howeve~,upon said church removing periodically all old dead wood and limbs from the 'trees thereon,and providing further that the trees comprising said wood lot shall not be cut down for the perio, of fifty (50)years from the date of'my death,said church also being r'equired to,from time to time,plant new oak trees to re- ,pla.ce those which have died out ~l1 3.That your Petitioners are desirous of cutting and removing approximately 50 to 100 tre,es more or less of the trees along with all the dead limbs and wood in said woods and replanting 100 or 'more seedling trees in order to carry out the spirit of the testator's intention to preserve said wooded area • .i \,"I.~,..• 4.If the Petitioner is not permitted to proceed,the wooded area will be much more difficult to maintain since the will appears to forbid cutting out of trees periodically to make toom for new and sma ller trees. 5.That the Petitioners wish to periodically plant in diameter new trees and at the same time cut the large trees (20"/or better) out,rather than let them rot or fall as they get old,always, however,to maintain a large stand of growing timber or woods to keep within the spirit of testator's apparent intentions. WHEREFORE,the Petitioner requests the Court authorize it to proceed with its plan of preserving said woods. Attorney for Petitioner \ \,... -,.,.... - 2 - '. COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF WASHINGTON ) Before 'me,the undersigned authority,personally appeared JJLlLJ d .~ President of the Board of Trustees of the Wrights Methodist Church,Inc.,who being duly sworn according to law deposes and says that the facts set forth in the foregoing petition are true and correct as he verily believes. , Sworn to and subscribed before 'me this ~,.~day of ---::~~'~~:;:;;:;;;;Io~~__'1967. .MISS MYRA J.HARSH,Notary Public -WASHINGTON,WASHINGTON CO.•PA. My Commission expires Jan.11,1*5/'L?/j'My Commission Expires:7~__ 7 - 3 - JOINDER BY EXECUTOR AND NOW,this ? 1967,John Tomsic and John H.Jones, day of ()ct~) C:~;7C::a , of the Estate of Elizabeth E.Rees,hereby join in the prayer of the Petition herein. John i ;I, 0( - 4 - IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA Estate of ELIZABETH E.REES, Deceased. ) ) ) ) ) No._____________,1958 O.C. AND NOW,this ORDER GIr~YOf~.·L on consideration of &he Petition herein,it is hereby decreed as follows: 'THAT the Wright's Methodist Church is authorized to cut and remove approximately fifty (50)to one hundred (100) trees more or less periodically provided approximately the same number of trees are Plante~acethe trees.~e~o~d,~_~td.~ and provided at all times thaS1.be preser~ed and main- tained in keeping with the spirit of the provisions in the will of Elizabeth Rees,deceased. - 5 - .