HomeMy WebLinkAboutOC1968-0150 - ESTATE OF JENKINSi\ffi~uuit ®f fxrrutnr ®r i\~ministrutnr
ti;tatr d Jrnnsgluania, ~ SS: C!lnr:ntr nf Dlla!i~ingtnn
Personally before me, the undersigned authority, a ........... ~.~.:..~:.: .... :~~.:.~ .. :.: ........................ in and for said
Cou1ty and St:~te, appeared ................................. ~.~:!'.~::. ... ~.?.~.~·~·~······················-:r·········· .......................... who, being duly
sLwo:-n ~ccordEiNn~ f'o_law, deP.oses,1lld savs that she is the execu~xmmimst:ooio:t of the estate of • H. J 1'~ Nff I. aJ. so .l\.nown' as .
.. LAWR ENC.E. .. 1R ....... J..J:4N.Kl.NB..a ..................................................... deceased, that the foregoing schedules constitute a
. \-. L. If. JENKINS also known as: comple~ 1,nventcry and appraisement of the real and personal estate of ... LA:W.R.EM.CJi! ... .H ...... ;.J.iNKl.NS. ...... ,
decease·3, except real estate outside the Commonwealth of Pennsylvania; that the figures opposite each item
of r=al and perEonal estate in the foregoing schedules are determined and stated by the undersigned to
be 6e fuir value of said items as of th~ date of the decedent's death, based upon a just appraisement of each
iterr: ml:de by th~ above named lhemJhlrxi:X$clzuioo11tl13:t£Jf. Executrix.
S ~ b 'b d b f h. 1 3th . uorn anu-su sen e e ore me t zs........................ l /J1
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:·~:.~:t;--'R~~~~··INST~UCTIONS .
~ashm.~~LW"~nG.nve'ntory must be filed within three months after appointment of personal representative.
ft!l ~miltSSJ~.E:.:~ei:u'pplei'nlillta:Jimventory must be filed within thirty days of discovery of additional assets. .
3. 1 Origin~! and 2 Copies and 2 RCRI-34, Under $10,000; 1 Original and 2 Copies and 2 RCRI-33,
Ov=r $10,000, including Copy of Will; 1 Original and 3 Copies and 2 RCRI-33, Over $50,000, in-
elu::ling (:,o{>y of Will and copy of Federal Estate Tax Return.
REFERENCE FOR ADDITIONAL COPY
· ~ Act of 1947 P. L. 513 Sec. 5.2, 72 P. S. 4844.2
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lttUttttnru attb .1\.p.prai.armrttt of the goods and chattels, rights and credits which L •. H~ JENK~S, also known as wer.~ cf .. L.AyY.R.~N.C.Ji! .... ~.A ..... ~.~.:t:tK!.mL ............................ Jate of ............ ~.~.~.!. .... ~.~ ..... ~.~.~.~.~.~.~.~.~~ ........................ ..
,J vV a;;hir.gton _{;o·.mty, Pa., taken and made in conformity with the abave affidavit.
DOLLARS
PERSONALT~; None
REALTI:
.ALL' tt.at ce,rtain lot of ground situate in the Sixth
Ward cf tke City of Washingtont Washington County,
Penns~lva:aic.;, the major portion of Lot No. 26 and a two
"l --foot strip c·ff t~ Western portion of Lot No. 27 in the
Alliscn Land Company Addition No-. 2 to the Borough of
Washir:gton, Pennsylvania, which plan is recorded in the
Office of the Recorder of Deeds in and for Washington
County, Penn·sylvania, in Plan Book 2, page 116, and more
fully bounded and described as follows:
BEGINNING at an iron pin on the Northern side of
ButtcLwooi ~venue where the Northern line of Buttonwood
Aven~~ ani ~he Eastern line of North Franklin Street inter-
sect,. the:J.ce, fram said place of beginning North 15° 3' Wes
110 fe-et .:1.long the Eastern side of North Franklin Street to
an iron pln_ thence, North 74° 50• East 42 fe~t to a stake;
thenc~, Sou~h 15° ~· East llU feet to a stak~ o~·th~ Northe n
side of B~t~onwocd AvenueJ thence, along the No~thern side
of B~ttonwood Avenue, South 74° 50' West 42 feet to an iron
pin, ~he place of beginning.
UPON ~hich is erected a two-story frame residence kno n
as 125 Buttonwoo~ Avenue, Washington, Pennsylvania.
SUBJECT, NEVERTHELESS,.to the exceptions set forth
in the deed of J0hn H. Johnson et ux. to John F. Post dated
May :~, 191?, and recorded in the Office of the Recorder of
Deeds of ~~3hington County, Pennsylvania, in Deed Book 447,
at page 657.
BEING THE. s~me lot of'ground which was conveyed by
Jamea C. Rockwel: et ux. to Lawrence H. Jenkins by deed
{over)
None
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In The Orphans Court of
Washington Coun'L;y, r~:~w!~.
In the Estate of
Lawrence H. Jenkins, a/k/a
NOTICE BY SARA JENKINS,
TSE WIDOW, to take against
THE WILL
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~" ~ y HART & HART
lj YD 0. HART· WILLIAM C. HART
~ !~ f{ \.) ATTORNEYS AT LAW
9 COURT SQUARE ARCADE
WASHINGTON, PENNA.
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IN 'l1HE ORPHANS COUR11 OF WASHINGTON COUNTY, PENNSYLVANIA
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In the Estate of
Lawrence H. Jenkins, a/k/a
:t5eceased:
NOTICE OF ELECTION TO TAKE AGAINST THE WILL
~·
.. To B~tty Morris, Executrix of the Last lNill and Testament of
· 'sAid. Decedent; ' ·
To the Regis~er of Wills and Clerk of the Orphans 1 Cou:bt of
Washington County, Pe:nnsylv~nia; . . .
To Betty Morris, Devisee of said estate;
To Creditors of said Estate:
You will please take notice that I, Sara ~enkins, Widow
of said Lawrence H. Jenkins, a/k/a as above, do hereby elect to
take against the will of said decedent dated July 22, 1966, and
in lieu thereof to take and receive the share of the Decedent's
estate to which I am entitled by my election, as proviaed in
Section 8 of the Wills Act of 1947,,nd request JOU to record and
file this notice in accordance with the Act of Assemble in such
case made and provided.
(SEAL)
. 1.
.e
State of Florida
County of Dade
On this
• •
day of
•
A'.JA~~ 1-Vf./W'rj"'~ ~ , 1968, before
me, the subscriber, a notary public in and for the State of
Florida, and residing in Homestead, Florida, personally appeared
Sara Jenkins, .named in the foregoing election to take against
the will, widow of Lawrence H. Jenkins,
.. . · deceas·ed, and in due form of law ackowledged the
said Notice of her election to be her act and deed for the
purposes therein mentioned, and desired that the same might be
recorded as suck.
Witness my hand and notarial seal ~~d year
aforesaid.
My notarial commission expires
-~fot~· .. ~__;;.5_,._e _.:...,1...;...._;1 P-.4-; __ < date) rr I
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IN THE ORPHANS' COURT OF
WASHINGTON COUNTY,
PENNSYLVANIA
I '2~1 f"-1?.;7> w I./ lc> u /..__
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IN RE: ESTATE OF I i :r H < >::t:>:r >-< ~ ("") ~ z
L. H. JENK;INS. a/k/a I : : ~;:; m C1 1 ~HH-< z
LAWRENCE H. JENKINS, I t ~ ~ ~ ~ ~· .. m ~
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Decedent. I ' > "<:1 "<:1: 3:
n H t%1 ~ Cil
I. ~ ::t: t"" < r i -< t>1 t>1 () 1 ("") m ~ t::j H 0 m t%1 H ., ~ ("") 0 -1 ~
Ot>::!Z:X: ~ ., t::j rn
PETITION FOR REVOCATION ~ t>1 o ~ 0
"' 11-o ·~ I OR VACATION OF ELECTION OF f: ~ "<:1 =4 ·""'
SURVIVING SPOUSE TO TAKE ; en 2
AGAINST THE WILL OF : ~
< 1 4 THE DECEDENT < ~ )> H z < ~ 0 H ~\. \ )> z ~ 1 :' Q 0 , ~ I Z ~ t 0 .. ~ : J 41 .: ~ "'"""' ~ 0:,. ~ ~ ~ ~ \ ::r.
' 0 --~ 1 ' \ 0 t%1 . "'() , ll'-'? : :·;-• . m ~ • ~ 1:( ., --1 H ' ~ ~j ·~:-'. =· ~ • l ~ . 0 0 . -~
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f\' J ~u , ~ e; -•• t>::!H ~ \.'1 0 ~ w ~= H:;d z en
H
·s "'-\ ~ PATRONO, CEISLER and EDWARDS
Attorneys at Law ,1-" ~~
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80 East Chestnut Street j/
Washington, Pennsylvania 15301
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IN THE ORPHANS' COURT OF WASH~NGTON COUNTY, PENNSYLVANIA
IN RE: ESTATE OF )
)
L. s. 'JENKINS, a/k/a ) (p 3-(p g-/~-()
LAWRENCE
Deceased
H.
) No.
JENKINS, )
)
)
PETITION FOR REVOCATION
OR VACATION OF ELECTION OF SURVIVING
SPOUSE TO TAKE AGAINST THE WILL
,OF THE DECEDENT
_,.·
December AND NOW, this __ 2_3 ____ day of ------------------, 1968, comes
BETTY MORRIS, by her attorneys, PATRONO, CEISLER.AND EDWARDS,
Esquires, and prays that the election of Sara Jenkins to take
against the will of the above named decedent be revoked or vacated
and in support thereof sets·~orth as follows:
.... ·:'.'\t
1. The decedent died on the 5th day of February,
1967, a resident of the City of Washington, Washington County,
Pennsylvania.
2. The decedent left a will which was duly probated
by the Registet•of Wills of Washington County, Pennsylvania, on th !t.
24th day of Ja~uary, 1968 and is of record in the office of the sa'd
• . . Register of Wills in Will Book 105 , at page 157
3. The personal representative of the deceased is
your petitioner, BETTY MORRIS, who was duly appointed Executrix of
the Estate by the said Register of Wills on the 24th day of Januar ,
1968.
4. Your petitioner, BETTY MORRIS, whose address is
125 Buttonwood Avenue, Washington, Pennsylvania, is the sole
legatee and devisee named in said will. A copy of the said will
is attached hereto, marked EXHIBIT "A", and made a part hereof.
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5. Sara Jenkinsi of Post Office Box 1252, Homestead\
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.Florida, 33030·, has elected to take against the said will under
the circumstances set forth below. Yorir petitione~ is a daughter
of the decedent. The said Sara Jenkins is the estranged widow
of the said decedent.
6. Your petitioner, Betty Morris, he~eby consents
to the revocation or vacating of the election of Sara Jenkins to
take against the will. The said Sara Jenkins has not consented
for the reason that she is the _person who filed the said election.
7. The decedent's real and personal property has
been listed in an inventory filed record in the office of the said
Register of Wills in Inventory Book 79 , at page ___;;_o... __ 26 A
true and correct copy of the said inventory is attached hereto
and made a part hereof.
8. The said Sara Jenkins elected to take against
the will of the decedent by wr~tten election filed in the office
of the said Register of Wills on August 9, 1967, filed in Election
Book ___ 3~--' at page 99 A true and correct copy of the said'
election is· attached hereto, marked EXHIBIT "C", and made a part
hereof.
9. The said Election to Take Agai~st the Will should
be revoked or vacated in light of the following facts:
(a) In the year 1956 the decedent asked the
said Sara Jenkins to live with him in Washington, Pennsylvania and
she refused to do so. ,Instead, she returned to the state of Florid
and rema:i;ned there until the pre/sent time.
(b) After the said desertion in 1956 the said
Sara Jenkins never again saw the deceased.
(c) Sometime after the said desertioh the
·said Sara Jenkins sent to the deceased his clothing and other
personal effects.
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{d) The said Sara Jenkins never claimed supp rt
from the deceased.
{e) The decedent signed papers appropriate
to ·selling a property in Key West owned by the said Sara Jenkins
·amd himself and transferred the proceeds thereof to the said
Sara Jenkins on condition that she .execute papers necessary
to abamdon any claim she might have had on the real estate
owned by the decedent in Washington, Pennsylvania. The said
Sara Jenkins received all of the proceeds of the said real
estate in the state of Florida but did not execute the said
papers to release any interest she might have in the decedent's
p~oper~y in Washington, Pennsylvania.
WHEREFORE, your petitioner prays your Honorable Court
t~at y~ur Honorable Court issue a citation directed to Sara
J~nkin; to show cause why the Election to Take Against the
Will of L. H. JENKINS a/k/a LAWRENCE H. JENKINS, filed on August
9, 1967 should not be revoked or vacated because the said Sara
Jenkin; deserted the deceased.
PATRONO, CEISLER AND EDWARDS
' .
CVMMON~EALTH OF PENNSYLVANIA )
) SS:
COUNTY OF WASHINGTON )
B~fore me the undersigned auth6rity personally appeared BETTY
MORRIS who,·being duly sworri according to law, deposes and says
ttat she is the petitioner in this action and that the facts set
fcrth ~n the foregoing Petition are true and correct upon her
ir.formation and belief.
Sworn to and subscribed before me
this ..2 ::::>ttL day of 1968.
(SlEAL) ~~ L ;J.J I v:
Notar~:::Jublic in and for Washington, Pennsylvania
My Commission Expires:
ANG!:UNE' SORICE, Notuy P\!f;IJp
DO E. Chestnut st.
\ 'i'!Ohi~[t~n. l~f<'-'h. Co,, Po,
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IN THE ORPHANS COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE: ESTATE OF )
)
L. H. JENKINS, a/k/a )
) No.
LAWRENCE H. JENKINS, )
)
Deceased )
0 R D E R
AND N0\\1, this ZJ day of the
foregoing Petition having been presented, on motion of FRANCIS
H. PATRONO, Esq., it is Ordered and Decreed that a citation
issue, directed to Sara Jenkins, to show cause, if any she have,
why the Election to Take Against the Will which she filed
9, 1967 should not
o'clock~M. on
196,
or vacated; returnable ~
the ~-day of
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LAST WILL AND TESTAMENT
I, L. H. JENKINS, of Washingto~, Wa.shington Co.unty, Pennsylvania,
.·
} t being of sound mind, memory and unde.rstanding. do hereby make, publish
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and declare this as and for my last WUl and Testament, hereby revoking
and making null and void any and all W.ills and Testaments or writings in
t'!''
the nature thereof by me at any time he'retofore m;;;.de •. ...
1. I direct that all my just debts .and funeral t:xpenses be paid as soon
as coc.venient after my de~th.
2. I give, devise and bequeath all the rest, residue and remainder of
my pr:>perty, real, personal .and mixed, whatsoeve·r and wheresoever situate,
.·,
to my daughter , Betty Morris.-''-'" .. '.· .. ._
3. t nominate, constitute and appoint my daughter, Betty Morris,
.executrix of this my Will, and direct that she shall not be required to enter
secu;tity · in any jurisdiction in which she may act.
•.
In Witness Whereof, I have hereunto set my harid and seal to this my
last '\Vlll and Testament,,· which consists of one page, to which I have affixed
~
#~-(Seal)
my sisnature this )...t-day of 1966.
Signed, Sealed, Published and Declared by L. H. Jenkins, the above
named testator, as c.Lnd {or his Last Will and Testament~· in the presence of
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EXHIBIT ."A"
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·.1s, w'io at his request, in hiS presence and in the ·presence of each other,
all bei.ng present at the same time, have hereunto subscribed our names as
witnesses,
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\ l COPY . OF I~VENTORY ~-/
HO,al")' ~-;ii.)U.o
iltiTTY &aORillil
lUUuca=-aaXXXXlSJI a:a~out~l2a.
13th
F~bruary 6& /s/ Betty Morris
(SEAL) /s/ Angeline Sorice Sa&O\ltl'la SSilUUClUUUIXX.aa:uc
fiNGCJNE SOP.ICE, Notary Public:
ED E" Ct:cztnu: St.
V~sh 1r gton, Wash. Co., Pa. ..
M:• C()"a mission E:pires January 11, 1971
l.. iJJtttllJf.Qr.&J.ta!Jb ,Apprl.fs~W~ttluu the goods and chatte!s, rights and credits which were LAW&£NC~ H. JUN~lH~ · CltJ ~~ ~cehinatoG
·'11 ._..---............. -.. .: ...................................... , ............................................ ,., .... ; ...... late of, .................. .-....... ; ................ _.~ ....... ~ ........................ , ....... -----................. .
·:v arhnq,on Cour.ty, Pa., t4ken and made in conformity with the above aDidavit.
' £. BJR §01 A:_.pt &
R lAtTY 1
.r•L.L tka\ ct~rtoln lot ot srouod citu~te ill 1tho Zi1JOtb
Ward ~t tk~ Ctt7 41 •aahin~~on,.~a8blnetoa Cou»ty.
~~a~o,lvaai~ tho Z&JOr portion Of Lot ~o. 2$ An6 Q tv~
toot &t~lp ott tl~ w~ato~a portioa ot Lot Mo. 17 !A ~b~
Allison i.aftd Colll!]>ai&J AdcSltton Mo. 2 to th~~t Bo$"ou;h ot
Waub1D;Q"1lou, :~orano.ylvania, wbtch plaP 1a roccrdllfd in thG
Oft1c$ gf tbo!J Recorder of n~~do.in an<l fov Waoblueton
County, Pe·l\la:;))'lV&rlia, J.o ·Plan B~ok 2, PAil~ 110. •ftcl mof'.e
full 1 bour .. cte4 and daacr.tbvcl a a to.llowc:u
.3D.ltMNiiMG at a.n h•on p1.n on \be· Nortb~rtll atd~ of
l'!iut ton-wood A"ttiUtQ whel'e tho ~o~rtb.aras lin0 of Buttonwood:
DOLLARS
AVftnuo and tbe :ti:ailte.v.~ lina ot Nerth !'ronkliA atrvot inter•
soot, thunotOv 11 \frena D&!d J)l&Ci.\1 of b'*&.inn1ac Nol'th UP' 3 1 Weat
110 foet; alor.s 'h~ Eaotero ol4& ot ~o.rtb F1141Udtl1Jl Str'fllo·t to
fall lroa _ptna thebnc.-., North ·74° 60' l£aut 43 ~~~t to a ct;:a~e;
thonce,. Sout::J 16~ 3' £t~tiJt 110 fe4)t to a euc..k• on thlll )iortkora
Oido Ot ih&IUGDVOOd ltVtill\101 thE!>Il00 1 &lODi tllo ;tiOZOthoii"D O:l.da
of .B\ittoav.:.cd Ave~\u&, So\Ath 74~ &0' Veast 43 foot to ao ~roll
pta, tho plaoo ot bo~lnD1Dti•
UPQK v~oh tc e7eot~d a tvo•aior1 traa~ r~al4eAcu knowa
a.s 121 lh&t~onwoo4 .Avun\lo, VlaGb1agtoa, t•Qnae;vlvaaia.
USU!iJi:CT, J.i~VXflTJtiLM:SS, to \ko oxcept!.oauJ eo·t torth
1ft ~be <Clti:Qd C-f Joh.n 2! • Johnson Q~ GXe to John 1 • $!'oe' detod
Uay 1~, l:~?. end record•d ln tb~ Oftloo ot the aocorder of
floods of lf4ot.1ast:an Couat.7 • t••uuuaylvaa:io., 111 P@od nook ,4.7,
at IH)141l' 15? •
B;£l.Nii '!:"a~ PG'iltlll ·lot ot e)C'OUhG ehicb V&S COJlVe)'cael bJ
James c. Roctvull •t ua. to Leer~no& M. Jenklao by de•d
dated -::he 15th da)i of March,_ 1946, and recorded in the 3aid
Recorder's Office in Deed Book 710t at page 43.
II U
CENTS
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!~l TH3 OHPHAl'd COUR1' OF WASHINGTON COUNTY; PENNSYLVANIA
!n the Entate ot
~wre~oe rr. c1(4n.kins, a/k/a
1-WTICE OF ELECTION '110 ·'fAKE At»AINS':j l'HE WILL
1'o Bet;ty Mc.rr1s, Elxocutr1.x ot.' the Last Will a.nd IJ.'astarnent ot
e:ii d l.oeeGdentJ
'l·~ the Reeintor ot Willa and Cla.rk ot tho O:rphar.a!~.c.ourt of
'Waehiilgtcn County, P~nnsylvania; ,.;_.·
T:0 Bet-:r. !itorr1e~ Devisee ilf said estate; I
TD CI"editors ot said Estato:
l'ou will ploaaa take notice that I~ Sara :tsnk1ns11 Widow
\):f'. said .Lawr~noe H. Jenkin~. a/k/a. as above, do h~u--eby elect to
· tsk;1 against the will of said d~oadent datfHl July 22g 1966, and . -
in lie~ theraot to tQ.kt) and .receive ths share of the Decedent; s
estate to· which I am ent1tle:d.'b1 m.y elect1on1 . as· prov1aed in
Se otion a of the V'Jills Act · ot: ~~47 g i1-nd requeet you 'to· r eoord and
tile .this notiot in accordance with the Act cf Ass~mble in such
oaae· made and provided., ' . '
----~--~~~---------(SEAL) • Sara lenkina
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EXHI'BIT "C"
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Stat~ of Florida
Count~ ot D4lde
On t)l1s 5th
r--'
day ot . August
t!l.o• t:..-.e subacribett1 ·a. notal:'J public in and .for tb.o ilGe.te of
:Flo:&>ida, e.nd :t"es1d1ng 1n Homeatead, Florida., ~r·sonally appea~d
:~ar't.l JeDk1na, na&t3d 1n tho to~esoing eluQti"Qn to t.ske a3a1nst
'the Willw \d,dOW Qf Lawx•en~e H. J 6lJ.kin~ 1 ...
deoeased, and in duo form of l.aVJ ac\towlt.Jd[~ed the
·said Not1oe ot her C~Jlection to be h~r act en<1 doed for the
purpo30& tho1•e1l.1 mont1onad, tUld d~sired that the same mis,bt be
:ll"ecordod as such.
W1.tness my hand and notarial fleal tiw day anei year
. Carl Weber,_Jro,
·.My notarial commission expire~
(Notlarial ·seal·) ___ J~u_l_y_s~,--1_9_7~1--------·--·-----~(date)
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No. 63-68-150
In the Or>:PhFlnR CnnT't. oe
Washington County, Penna.
In n~: E~t~to of
L. S. Jenkins, a/k/a
Lawrence H. Jenkins,
Deceased
ANSWER TO PETITIOK FOR
REVOCATION OR VACATION OF
ELECTION OF SURVIVING SPO~
TO TAKE AGAINST THE WILL
OF TEE DECEDEN'T:
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IN THE ORPHANS~ COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE: ESTATE OF
:... S. JENKINS, a/k/a
:..AWRENCE H. JENKINS,
Jeceased ·-
)
)
)
No:
-~ ,,
ANSWER TO
PETITION FOR.REVOCATION
OR VACATION OF ELECTION OF SURVIVING
SPOUSE TO TAKE AGAINST THE WILL OF
THE DECEDENT
' '
(,
COMES NOW SARAH JENKINS and files this, her Answer to
./
the Petition for.Revocation or Vacation of Election of Surviving
3pouse to· take against .,th,e Will .of the Decedent, which was filed
"'
; 1
jy the Executr~x, BETTY· MORRIS, and for answer·to said Petition,
;ays .a.s follows: , ,
. ,... ' '
1. Tha{,she. admits'thatA~~e.Decedent died on the 5th day
•Jf February.~ 1967. ,
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.'!-.,. ., .. I. ... . -j ---.. 2. That she has no knowledge 6f the-~llegations contained
in Paragraph 2 of the Pe~i£ion'and neither.admits nor denies th~
\ ; 3ame.
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3. That, she h'as no· knowledge ·of the allegations contained
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in Paragraph~· of~ih~ ~~titi6~·and n*i~her admits nor denies the
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same.
-~. ~.~-Tp~t · sh,e· haf ·n<Y, knoy.dedge· qf ttfe _?!legations c9ntained
i.n Paragraph 4 of the .:Peti.tfon;_ ~a'nd··~ei ther admits nor denies the.
same.
··5. That she admits that she is the widow of the said Dec-
edent and that her Post Office' address. is 1252, Homestead, Florida,
33030, and that she has elected to take against the Will of the
said Decedent.
6. That she admits that she·ha~ not consented to the
Revocation or Va.cation of Election to Take Against the Will •.
. ..
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' . . 7. That she has no knowledg~ of.the allegations contained
-in Paragraph 7 of the Petition and neith~r .admits nor denies the
sane.
8. ~
" ~ 8. ' That she adini. ts ·th'e all~ga_tions contained in Paragraph
.
9 .. That she denies the.,.aileg~tions of Paragfaph 9 in
to~al and for further answer-to the Various sub-Paragraphs of
Pa:-agraph 9, would answer as follows:
t ' f
a. SARA JENKINS was'married to LAWRENCE H. JENKINS in
Ai~en, South Carolina in 1952. T~ey lived together as husband and
wi:e from that time in Warren, 'Ohio, until tt)e year 1955, at which
tine SARA J.ENKINS and LAWRENCE H •. JENKINS moved to Dade County,
Florida where they resided together as husband and wife until 1957
at which time the Decedent LA~ENCE H. JENKINS deserted SARA
JEJ.JKINS and left their place of abode in Florida. The said LA~VRENCE
H. JENKINS did not then ask SARA JENKINS to accompany him nor has
he since '''asked SARA JENKINS to accompany him.
' b. That after the de.sertion of SARA JENKINS by the
Decedent, said SARA JENKINS has not" seen LAWRENCE H. JENKINS.
c. The said SARA JENKINS did not send the Decedent
his clqthing and other personal _effects but rather upon deserting
the said 1 SARA JENKINS, the said Decedent took all of his·clothing
and persona.! effects with ·.him.
d. The said SARA J'ENKINS never claimed support from
the Decedent but the said SARA JENKINS would further explain that
he:-reason for not claiming support from the ·Dec.edent was her
knowledge of the fact that the Decedent did not work and that he
had'• no monies to support the s~id SARA JENKINS.
e. SARA JENKINS denies in total the allegatio.ns
of sub-Paragraph 9-e and in further explanation would show that
she ne.ver owned any properties in Key West·, ·.Florida,· nor did
. ' th~ Decedent own any properties in Key West, Florida. SA~ JENKINS'
woJJld show that she and LAWRENCE H~ JENKINS, the Decedent,tdld
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contract to purchase property in Dade County, Florida, that the
said contract to purchase was in existence at the time of the
desertion by LAWacNCE H. JENKINS as above stated; that the said
LAW~-\.t:NCE H. JENKINS did not transfer his interest in the said
p~perty to SAKA JENKINS; that shortly after the desertion by
LA.W1-iENCE H. JENKINS that the property under. contract to purchase
was repossessed from SAP~ JENKINS and LAWRENCE H. JENKINS by
reason of non~payment upon said contract; that said SARA JENKINS
never received any proceeds from the repossession of said property;
that other than that property under contract of purchase the said
LAW.KENCE H. JENKINS and SAM JENKINS owned no properties in the
state of Florida; that SARA JENKINS has never received any prop-
erty proceeds, monies, or anything of value.from LAWRENCE H.
JE'JKIN.S; that there was never an agr.eement between LAWRENCE H.
JE~KINS and SAitA JENKINS whereby SARA JENKINS agreed· to release
any interest in the Decedent's property in Washington, Pennsyl-
Further answering the said SARA JENKINS would show:
That~he has since the time of marriage to the Decedent
LAJfuENCE H:JENKINS, considered herself to be the wife of LAWRENCE
H. JENKINS. She has never sought to divorce herself from
LANHENCE H. JENKINS, and any estrangement between LAWrlENCE H.
J£'-JKINS and SARA JENKINS has been at the instance of the Decedent.
WHE~~FORE, having fully answered the Petition herein, the
said SARA JENKINS prays that this Court will dismiss the Petition
for nevocation filed herein.
ST.!\TE OF FLORIDA ss
COUNTY OF DADE )
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In the Court of Common Pleas of
Wa:::;l1luyLur1 County, Pennsyr~rama
Orphans' Court Division
No. 150 of 1968
In Re:
Estate of
L. H. JENKINS,
Deceased.
ADJUDICATION
~~
(Marino, P. J.)
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ORPHAN'S COURT
WASHINGTON, PA .
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ill THE COURT OF COlVilVION PLEAS OF WASHINGTON COUNTY 1 PENNA.
ORPHANS' COURT DNISION
In Re: (
)
Estate of (
) No. 150 of 1968
L. H. JENKTIJS, ( '
)
Deceased. (
ADJUDICATION
Marino, P. J. July ___j_j: 1969.
L. H. Jenkins and Sara Jenkins were married in November, 1951.
Both had adult children by previous marriages; Mr. Jenkins by his first (this
was his third, he having been twice divorced) and Mrs. Jenkins by her first
marriage, she having been widowed. They took up their residence on Mrs.
Jenkins' farm, near Warren, Ohio. Mr. Jenkins was seriously injured by a
horse falling on him and he never worked after that accident. The doctor
seemed to think that he would do better in a warm climate and advised them to
move to the South. In 1955 they went to live in Homestead, Florida, where
they purchased a home; the down payment was made entirely by funds receive
from the sale of Mrs. Jenkins' farm in Ohio. A few years later the property
was lost by reason of failure to keep up the mont):lly payments. -
Mrs. Jenkins got work as a real estate saleslady with a firm who
handled Strout Realty; she wanted her husband to try to take a job as a night
watchman but he refused. Mrs. Jenkins was able to support him as well as
herself, but it was not easy. In 1956 he told his wife "he didn't like it down
there" and was going back to live with his daughter. He left with most of his
belongings, using a bus ticket sent to him by his daughte_r, Mrs. Betty Morris.
It appears they were on good terms when he departed; they did not live
together thereafter.
The Wills Act of 1947, in pertinent part (20 P. S. 180.9 (b))
provides: 11A wife, who for one year or upwards previous to the death of her
husband shall have willfully and maliciously deserted him, shall have no right
of election. rr In other words, she cannot take against the will of her husband.
It is undisputed that decedent and his wife have not lived together
since 1957. We must examine the facts of the case in order to render a
judgment as to whether there has occurred a willful and malicious desertion
within the meaning of the statute.
After they had lived in Florida for a year or more, Mr. Jenkins
decided that he preferred to live elsewhere. He gave as his reason for this
preference, the fact (as he stated to his married daughter) that he could not
stand the circumstances that he was living under in Florida; they were living
with Mrs. Jenkins' married son and family, and that 11he was just treated like
a child. 11 He came to Washington, Pennsylvania, and resided with his daughte _,
Mrs. BettyRuth Morris, and her four children in a home owned by Mr.
Jenkins; with them, for at least three years, a cousin of Betty's, Beverly
McBratney, also made her home.
The law is clear that the husband has the right to live where he
wishes, and that his wife must follow him: Beck v. Beck, 163 Pa. 649 (1894).
A husband has a right to change his home if his business, his comfort, or his .
convenience requires it, provided he furnishes another suitable place of
residence; and if his wife refuses to accompany him to the new .hom·e without
cause, her refusal constitutes desertion: Kowalchick v. Kowalchick, 187 Pa.
Superior Ct. 201, 204 (1958).
-2-
The next problem is whether the husband, in the case at bar,
provided a suitable home for himself and his wife, within his means. As far
as this record speaks, it is apparent that Mr. Jenkins possessed little if any
personal property. His daughter sent him bus fare from Florida to Pennsylvania.
So far as we know, he owned one parcel of rffi 1 estate, that which was occupied
by his daughter and grandchildren. She had been divorced and it appears that
her earnings were the only recourse she had for her. livelihood and that of her
four children. She was generous enough to state, (T. -p. 30) ac<wrding to her
cousin, that trshe was willing to have both of them there and she would take
care of everything. rr In what manner and by what means, she did not
particularize. Mrs. Morris also wrote to her father in Florida (T. -p. 15),
11 that there would always be a room in his house to live anytime that he was
ready to live there. rr
Respondent contends that a room in the home of her husband1s
daughter was not a suitable place for her to live. Counsel had shown her
Exhibit 11 J 11 , a letter she wrote her husband in 1958, and had inquired of her
(T. -p. 43):
11Q And that says, does it not, 1It is mighty hot down here but still I like it
and intend to stay and am wondering what you are going to do, do you
plan to stay up there?1
A Yes. I was giving him a chance to come back down. I was willing to
support him but I couldn't leave my business down there and come up and
start a new one in a place I wasn1t sure Pd be welcome. Two women in a
house' you know what that is. rr
Respondent also maintains that she had to support herself and her
husband as well, and that she had no assurance whatever that Mrs. Morris
would or could support them with her income; that she had employment in
Florida and could make a living there. Counsel asked her about the situation
(T. -p. 43):
-3-
"Q Fact of the matter is, you just didn't want to come up here because he
was in bad health and couldn't work.
A No. That was not the reason.
Q \lVhat was the reason?
A I had work down there. Why should I leave something and ask somebody
else to support me when I had no reason to think she could? She always
said her father supported her. Why should I feel that she could support
me or would, and live in a house with someone else?"
The facts of this case present a ·peculiar situation, one in which
it would seem that both husband and wlie were justified in their actions toward
each other. The husband had no more obligation' to live with his wife in a hom .
partly occupied by her family than she had obligation to live with him in a hom
j-Jintly occupied by members of his family. If it be true that Mr. Jenkins coul . .
rot stand living in a home with Mrs. Jenkins' son. (and his family) he had the
right to leave. As pointed out in K·owalchick, supra, just as a wife need not
·live with her husband in the home of his parents (Latz v. Latz, 157 Pa. Superi r
Ct. 32S), neither is the husband obliged to live with his wife in her home with
oiher relatives of hers. Hence, Mr. Jenkins was acting within his rights in
lEaving her home, although he appeared to act with his wife's acquiescence in
the matter.
Now as to the wife, was she within her rights in not following her
hcsband to the new home he had provided for her? As stated in Kowalchick,
st.-pra, the husband's choice of a home as to kind and location is controlling
ard the wife must live with him there, subject only to two conditions, namely,
that the home be a suitable one within the husband's means, and that the locatio
:be reascnable and the choice thereof exercised in good faith. Mrs. Jenkins
;:>o:.nts to the kind of home prepared for her by her husband. While it is true he
Jv.~ed the home, it appeared that he was not in control of it (by his own choice).
3e bought the property for his daughter's use, and she had lived in it for more
-4-
than 20 years. There was no indication that she intended to give up possessio ,
or to ·let anyone else be the head of the household. In fact, she offered her
father and his wife "a room" in the house, and nothing more. To the charge
that this did not constitute a suitable home it could be responded that Mr.
Jenkins had no means to supply a better one. He was aged, ostensibly sufferi g
a total disability for all practical purposes, and without any visible means of
support; he owned this home but had long ago committed it to the use of his
divorced daughter and her four children. Under these circumstances what
. -
could he be expected to offer in the way of a suitable home?
Yet the plight of the wife is also understandable. An elderly woma ,
taving sold her farm in Ohio and invested the proceeds in a home in Florida,
now finds herself without farm or home, and completely devoid of all life
sustaining facilities except her job with the real estate office in Florida. Coul•
she be expected to submit to a situation which might eventually require both
herself and her husband to seek public assistance?
This brings us face to face with the paramount issue in this
proceeding. Is a wife who has been.supporting her husband because of his . ' ' . " .... .
permanent disability, required to accompany him to a new home of his choosin ,
even though the prospects are that she also will be unemployed, and that both
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~ight be forced to seek public assistance in order to survive? No au_thority ha
. .
Jeen cited to this Court that would require the wife to accompany her husband
:n these circumstances.
Nevertheless, we do not premise our decision on this feature and
do not decide whether it was the duty of the wife to follow her husband in the
choice he made for a new home. We prefer another basis for our decision.
'i'he admitted fact of separation does not dictate a holding that either party is
guilty of desertion. As was pointed out in Estate of August Braum, 88 Pa.
-5-
-Superior Ct. 109 (1926), the mere fact that husband and wife have been living
apart is not controlling in the matter of desertion within the meaning of the
applicable statute. Desertion is an actual abandonment of matrimonial
cohabitation, with an intent to desert, without cause or the consent of the othe
spouse; separation alone is not desertion. If the separation is by mutual
consent it lacks the essential" elements of a willful and malicious desertion~ . -.
Our inquiry then is to evaluate this testimony in order to render a
proper judgment with respect to a willful and malicious desertion ?Y this wife
of her husband, more than one year prior to his death. Disregarding for the
moment the matter of the selection of a home by one of the parties, is there
-credible evidence of the intent of either spouse to abandon matrimonial
cohabitation and desert the other, or does the evidence indicate a separation b
mutua~ consent until such time as the parties can come to a mutually satisfacto y
3.rran<zement concerning the location of a home and other matters on which
::here may have been some disagreement?
The only evidence adduced in answer to this inquiry is a. group of
:::mr letters written by Mrs. Jenkins to her husband after he left their home in
:?lorida and came to live with his daughter, Mrs. Betty Morris. These letters
'i'Vere found among the effects of decedent. The first letter (made available to
liS) was dated August 26, 1957, about a year after Mr. Jenkins left Florida.
'='he letter exhibits a very friendly attitude, no fault finding and certainly no
r ecriminatl.on. It is a type w·ritten letter, obviously typed by Mrs. Jenkins,
c:nd is on a letterhead of 11Bernard Levy, Realtor11 of Homestead, Florida. It
tegins:
"Hi Lawrence: Just a few lines in a hurry to find out how you are
and where you are at .... I still like it down here and have no
intention of moving north. Ken and Birdie were here 2 weeks and
it was awful hot all the time but is getting cooler now, but we are
having a lot of rain ... Do you want the balance of your clothes sent
up to you? Let me know where you are at. 11
-6-
!.
After c·onsiderable chitchat, she closes: "So Bye Bye -Sara."
The next letter introduced (Petitioner's Exhibit H) was written
two mooths later, also from Homestead, Florida; it is in her own handwriting;
'itfollo"Vs, infull:
"H~ Lawrence: Did you get the clipping of W. D. HornE?S death? You
die not answer my letter.· I still have net got any news about your
pension. I wrote them. Did you or Betty write or inquire about it
from up there? Don't. as that may only slow it up more. I sent
yot.r clothes up as you did not write as if you intended to come back
dovn here and I've rented the house and moved into a very small
hocse ih town. its cute but only big enough for 1 person so if you
shculd decide to come down be sure and let me know in time for me
to find a bigger place. Business is still lousy here but I'm staying
any-way. Sara. "
The third letter (made available to us) is a typewritten one, single
::;paced, 1 1/2 pages, on a letterhead of "Strout Realty" with the legend, rrsara
::-enkins; Representative" in the upper corner, and is dated Jan. 16, 1958.
. .
:Pet. Exh. I):
"Hi Lawrence: Thanks for the nice cards and gifts both at X-mas
and my birthday, and sorry not to have sent you a gift but times are
rea:.ly tough for me. I really think this new set-up will do alright
afte::-I get started but since my prospects all have to be contacted by
maE it takes time. I waited hoping I would have some hews of that
pension but not yet but wait and it will finally come ••. just as soon
as I get word I will write you ... How is Betty's work and how are
the :amily? Well I have so many letters to write that I doubt if I'll
ever get caught up again and more come in every day from the main
office in New York. Oh, I nearly forgot to tell you that Abe and
Louise are starting to build an addition to her house and will be
married~ .•• Sara"
The fourth and last l~tter (made available to us) is a typ~d one, ..
also on a Strout letterhead, dated June 24, 1958, from Plantation K~y, Florida
"Hi Lawrence: It is mighty hot down here but still I)ike it and intend
to stay and am wondering what you are going to do, do you plan to stay
up there? Did you hear from the pension I worked so hard to get for you?
'I am a short order cook in a restaurant ••. awful hard on my feet
but real estate is not moving so I had to try something else for awhile.
I've had 2 Brokers ask me to put in my card with them down here on
the Keys and have not yet decided which one to take up with .•..
-7-
"Well I have some more letters to write so had better end
this and am not going to write again unless I get an answer. Sara."
Whether Mr. Jenkins answered and whether there was further
correspondence we do not know; the record is barren on this point. But we d
know that they were friendly, kindly and solicitous of each other1s welfare
while this correspondence continued. We cannot surmise that this attitude
changed without any proof of conditions which would prescribe such a result.
Considering all the testimony and attending circumstances, we
hold that the separation was by mutual consent and lacked the elements of a
willfu~ and malicious desertion. Petitioner has failed to meet the required
burden of proof to show such a desertion. The widow has a right to her
election to take against the will and same will not be stricken.
B¥ .. the C. ourt,. -\ ~ / \ ·· .. , '
-8-
V"~
Form RCC-:0
Gf"FICE OF THE
P!EGISTI:R OF WILLS
STATEMENT OF DEBTS
AND DEDUCTIONS =
DEDUCTIONS ALLOWED IN ~
THE SUM OF ............ ~--·
OF __ .:.;Wc.=;a:...:S:..:h.:..:l.=· n:.=..:~.q-=t:...:O:..::n=--COUNTY 9!~ ~.ssg.~ .. MARJN.O .... .. AND AGE~IY OF THEI COMMO,..WiiALTH
ESTATt! ::>F LAV'fRENCE H. JENKINS LATE OF the City Of
DATE :JF riLING AP"RAISEMENT February 21, 1968 DAT5 Of' DEATH February 5, 196 7
DATI!: .. 0. OF NAMii OF PAYEE REMARKS AMOUNT
10UC-4Ett
lS 6E ~rebate of Will and grant
1-24 Regj_ster of Wills of Letters Testamentary 12 00
1-31 Washington County
~dvert1s1ng grant of
Reports Letters Testamentary 12 50
Ang?line Sorice, ~ffidavits on Inventory and 2-13 Notary Public Inheritance Tax Return 1 50
2-16 Obs:=rver Publishing Co. ~dvertising ~rant of Letters Tes amentary 12 50
2-20 Re~ister of Wills tFilinq Inventory 4 00
Ang:line $orice, ~ffidavit on Petition to
3-18: Notary Public open iudament 75
3-20 Prothonotary Filing Petition to open iudament 5 00
3-26. Sheriff -Washinqton County_ Service of Petition and RulP-15 00
Additional fee for service
4-8 She·"'" iff -Washinaton CountY of Petition and Rule l 8_0
9-10 Pos·::master Certified mail fee 40
19 71.
S-7 ~or~on F' Hr:~rrinat-on Settlement in full of claim
At~orney for Richard Miller against the decedent 150 00
5-14 Pro":honotary Costs in action to open
JUdgment 15 00
Bet~v Morris Fami1v exemotion 1.000 00
William J. McMahon, M.D. )\1.edical services 223 00
John Pirris, M.D. ~edical services 80 00
F'rr:~nk !=: Rr:~ktot.v~ll Jr M.n Medical !=:toruif"'to!=: 1Q ?h
Washington Hospital Hospital services 24 85
R. E. Krause, Druggist Prescription medicine 48 50
Stewart F. Barnhill Funeral services 977 00
Funeral Home
Cit~ of Washington Sewer lien filed at 159 Nov 63 M .T, n 11h Lll
Citv of Washington Siwer lien filed at 9 8 May 6 0 M. L . D 47 96
~gi~~eeP~gffge, ~ffidavit on statement of debts and deductions 1 00
~ --.& L .... L .JI--
~ 2,808 43
C01.1MON'INE.~LTH q,f' PENNSYLVANIA }
COUNTY OF W'P.~hi.ngton sa:
1• B: tty R: •. Morr1.s
MY Kl' OWLI!:DGE .AND BELI::F, THI!: FOREGOING IS A JUST AND TRUE SfATEMENT Of' DEBTS, FUNERAL EXPENSES AND EXPENSit!l OP
ADMI...,ISTRA'IION sueMITTt:D ro THE ESTATE oF Lawrence H. Jenkins DECEA~D. AS DEDUCTIONS FOR
I etA-t#;;:;,AY ;·+"'kA'--='"'"""~~-~"-'-"·~· ....../L4-. -LLiKdd&~::::::..~.J~ __ (L. 5.)
--~~-~~~~~--~-~18~ ' .
INHERITANCE TA C PURPO&.::S.
IIIY~UN~ SOF?r
80 :. Chostnut ~~,Nnfery Pu(\111( ~
Wasfington Wash • CO
lly 'ommtsslon i , , Pe,
"PJrss JanuarY U le7~
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Form RCC-:o DEDUCTIONS ALLOWED IN
o·~FICE OF THE
PEG STII:R CF WILLS
STATEMENil" OF DEBTS
AN.b ··oE.DUCTI ONS
·THE SUM OF ............ $ .................................................... .
OF Was)ington .couNTY DATE .M&\iv2, 1 .. 19.7 fR U.S.SE.LLMA.RlNO
AND AGEI'T •·::>P' THE: COMMONWiiALTH
Register of Willa, Agent
:ES<TA1'E a::F __;L=/Ji.:.::~WR.::E::N:.:...C::.E=-.::H:..;•;.......;J~E==NK;.;:I;.;:N.:..:S~-LATE oF ---::C::..:l=.· t.=.Y.l......::o~f~W~a.:=s:.!.:b~i~n~g::L.t~o:.!.:n!..-______ _
2/21/' 68 2/5/67 rDA -E OF FILING APPRAISEMENT __ -!__:;.:___; _____ DATE OF DEATH ___ _..;·=..~..~~~---------
DATE .-~o. OF
\IIOUCIIi:Jt . NAMS: OF PAYEE RE:o!ARKS AMOUNT
.
Betty R. Morris Adminis·tratrix' !': C"nmmi !=:!':; ,..,,., ?I:\()
P.=~·ll-rnnr. f"o; el·o.,... k'rh.T:::~rr'l"'
and Pettit Attorneys' F:es ·250·
TOTAL $ 500
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CONMON"VEA-TH OF" PENNSYLVANIA }
.~~~-88: COL'NTY OF .:__WASHINGTON
1, ______ ..,~,B~E~:~o'...l. 'r....,~T.....,Y;a;._,.~;B!... • ..._~MI.l.QJ..R~Ro..~II.JS~,---!A::l.!.!dm.!JJ..llo.• D~.~..o~i..as~t~r..saa.t~r..,.i~..oXo...._,, ____ HEREBY CERTIFY. THAT. TO THE BEar OF
~y I<N':JW'.ECGE .A.ND BELIEF •. THE FOREGOING IS A JUST AND TRUE SfATEMENT OF DEBTS, FI..NERAL EXPENSES AND EXPENSES 0":
ADMIN :STF~AT.'ON l'!lUBMITTE:) TO THE ESTATE OF LAWRENCE H 0 JENKINS ,
INHERITA~lCE TA,. PURPOSE:&.
~NGEUNE SORICE, Notary PubliC.
:SO £-Chestnut St.
Washinf(1'1~ "!~-\ CO, Pa.
.OECEASED. AS DEDUCTIONS f"OR
---=f'-~i ·~~t12----..£.9u....e:..£_./~HA£=4'~;,___-<L. s.l
,CY
MY. Comri1.ss;..,;, t:..p.r.J~ January 11, 197;9.
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
NO. OFFICIAL RECEIPT • PENNSYLVANIA INHERITANCE AND ESTATE TAX
RECEIVEDFOl:tf Seven and
Betty MQr:ris ElQ:".
From: -
File No 63-IB..J.SO Date of
Remarks
BUlOQ_._ ........ .....,. • ..,.._. ..... .__._......_ ............ _________ .;.,... •• , ....... ~liars
representing Pennsylvania Inheritance or
Estate Tax due from the following estate:
2% Tax on $ 1,791.57
6% Tax on $ $
•':
15% Tax on $ $
%Tax on $ $
Estate Tax, Act of
May 7, 1927 $
TOTAL TAX CREDIT $ 35.83
Less five perceritum of tax if
paid within three months after
date of death $ ________________ _
Plus interest at the rate of
-6-%from Sw$ ... 69
to date $'--lf-'2;;;J.,.:-t0fl<4!r:-. ----
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