HomeMy WebLinkAboutOC1968-0289 - ESTATE OF WALLACE/7-.Z
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IN THE ORPHANS r COURT OF
WASHINGTON COUNTY,PA.
No.1-!'4 OF I (l~F
IN RE:
ESTATE OF OLIVE DUNLAP WALLACE,
a/k/a OLIVE D.WALLACE,
a/k/a MRS.JOHN WALLACE,
Deceased.
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PErlTION OF ADMINISTRATRIX UNDER
S·~.541 OF THE FIDUCIARIES ACT
OF 1949 TO WAIVE OR FIX ADDIT-
IONAL S~URITY.
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JOHN J.HUGHES
ATTORNEY AT LAW
203 MAIN STREET
CLAYSVILLE.PENNSYLVANIA
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IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA,
In Re:
ESTATE OF OLIVE DUNLAP WALLACE,
a/k/a OLIVE D.WALLACE,
a/k/a MRS.JOHN WALLACE,
Deceased.
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:No.
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of-----------
PErITION OF ADMINISTRATRIX UNDER
SEC.541 OF THE FIDUCIARIES ACT OF 1949
TO WAIVE 00.FIX ADDITIONAL SEX:;URITY.
TO THE HONORABLE P.VINCENT MARINO,PRESIDENT JUDGE OF SAID COURT:
The Petition of MARION W.ASHTON,Administratrix of the above en-
titled estate,respectfully represents:
1.Your Petitioner is MARION W.ASHTON,Administratrix,who re-
sides at No.8507 Hempstead Avenue,Bethesda,Maryland.20034.
2.The said Olive Dunlap Wallace,late of the Borough of ~st
Alexander,Washington County,Pennsylvania,died intestate on October 10,
1967,and Letters of Administration on her estate were granted to your
Petitioner,Marion W.Ashton,by the Register of 'Wills of Washington County,
Pennsylvania,on October 17,1967.
3.The said Marion H.Ashton,Administratrix,has posted bond in
the amount of Fifteen Thousan<L($15,000.OO)Dollars with the United States
Fidelity and Guaranty Company which has been filed with the Register of Wills
of Washington County.
4.At the time of her death,the decedent owned real estate being:
ALL that certain lot of ground situate in the Borough of
-v.k:!st Alexander,Washington County,Pennsylvania,bounded
and described as follows:
,,'
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BIDINNING at a point which is North 2-1/20 East 20 feet from a
point in the Public Highway known as U.S.Route 40,which
point is common to lot of George Donley and the lot herein
described;thence by lot of the said George Donley,North
2-1/20 East 250 feet to a point common to land of George
Donley and the lot herein described;thence by lot of Ed
Acker Estate,South 87-1/20 East 50 feet to a point common
to other lands of the Vermillion Heirs,now owned by Donley
King,land of Acker Heirs,and the tract herein described;
thence by said King lot,South 2-1/2°west 250 feet to a
point common to said King land and the lot herein described;
thence North 87-1/20 west 50 feet to a point,the place of
beginning.
UPON the above described premises is erected a frame dwelling.
5.The above described real estate is all of the real estate owned
by the decedent at the time of her death.
6.On November 3rd,1967,the Petitioner and Ronald E.Stout and
onna C.Stout,his wife,executed a contract by which the Petitioner on behalf
of the estate agreed to sell the real estate described in the preceding para-
graph to the Buyer for the sum of $6,000.00.A copy of the Agreement of Sale
is set forth as Exhibit "All.
7.The real estate is subject to the following liens and charges:
None.
8.The estimated net proceeds of sale which will be received by the
petitioner will be $6,000.00.
9.The following persons are interested in the estate as heirs of
the decedent under the Intestate Act of Pennsylvania.
Name
MARION W.ASHTON
Address
850 Hempstead Ave.,
Bethesda,Md.
Relationship Interest
Daughter One-half (1/2)
Granddaughter One-Sixth (1/)
JOHN R.WALLACE (deceased)
JOHN R.WALLACE,JR.Syracuse,N.Y.
vJILLIAM WALLACE-Seattle~Washington
JEAN MARION WJI.LLACE Kinnicut Road,
Pound Ridge~N.Y.
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Grandson
Grandson
One-sixth (1/6)
One-sixth (1/6)
10.All parties in interest in the proceeding are sui juris,
except:
11.The Pa.Inheritance Tax Division of the Department of Revenue
has approved the above described real estate for $6,000.00.Copy of Inventory
and Appraisement filed December 27th,1967,in the Office of the Register of
Wills of v.lashington County is attached hereto as Exhibit liB".
12.The Petitioner r~quests Court pursuant to sec.541 of the
Fiduciaries Act of April 18th,1949,P.L.512,as amended,to waive the filing
of additional security before she may receive the proceeds from the sale of
the real estate above described.
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AFFIDAVIT--...._-----
cs.IDATE\TIDEl'W{RYBmNDYLVANH )
:SS:
COUNTY OF WASHINGTON )
Before me,the undersigned authority in and for said County and
State,personally appeared MARION "T.ASHTON,Administratrix of the Estate of
OLIVE D.WALLACE,deceased,who,first having been duly sworn according to
law,deposes and says that the allegations set forth in the foregoing Petition
are true and correct to the best of her knowledge,information and belief.
xNotaryPub~
Jtr commission expires:7-/-c f,
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FORM NO.16 (1962)WASHINGTON COUNTY BAR ASSOCIATION •
REAL PROPERTY AGREEMENT WASHINGTON,PA.
wqis 1\grrrmrut
Made the 3~.day of t3ovcmbox 19 67
Between MAaI~W.ASIlTC3 t Admiolotcot1:1n of tho ESTATE Oil OLIVE DUNLAP HA:L.'I.ACE 0
leta of the Borough of Hoot A1Gnondcnc,Waoblo(JtOD Cou.ncy,Pcnnoylvaoio,
oo.ooooooo.,.eo...o.<elilOo.OQOOOOooooo••oo.o.CIt•••·.o<IoOOOooo(he~ina.fter"alled "§.ti!ler"'L 3JldRc:D'1ALD £.STOUT end oo:mA C.StOUT.bio t11fo.ox tho DOr:OUljU ot WQot
AlcJUlDclox,tioob1oSton COI.1Dty,Penooylvon1a.QOO-IIt-o(hereinafter called "Buyer"),
WITNESSETH,that for the consideration hereinafter set forth and intending to be legally bound the Seller and
Buyer mutually agree as follows:
I.Seller agrees to sell and convey to buyer on or before Pobruor:y 1,1968.
by opoclal warranty deed in fee simple absolute,clear of all mortgages,judgment liens
and tax liens and other encumbrances affecting its marketability (except as hereinafter set forth)all the real property
described in Paragraph 8 hereof.
2.Bllxer agrees to purchase said real proper!y...and to pay Seller therefor the sum of Sin ThouOQQ4 )
ODd 'flO/lou 0;,0 0 ($C),uuO.OO )Dollars as follows:Ono H\Ulcb:od ($100.00
D011!11:0 on thea 0160108 of this Ancocmont o r:caceipt tmor:oof 10 horeb,.
l1ckD~lode$d.ood tho balance on or:before Pebruary 1,1966.
3.Possession shall be given on t1oV~1:~
at the office of Seller's attorney on Fobruary 1,
19 67 ,and settlement shall be made
19 68 ;or as follows
4.At settlement Seller shall pay for or be charged with the cost of all federal documentary taxes and
state and local realty transfer taxes payable upon this transaction,but real estate taxes for year of settlement,sewer
charges and rents and royalties shall be prorated on a calendar year basis between Seller and Buyer as of date of
delivery of possession of the premises;except as hereinafter set forth:No OltCoptlono.
5.From and after the date of this agreement,insurance shall be p,rovided and pajd ~2m follows:Sollel:to keep tho above promisoe 1nourcC1 10 tho LUG ..~t
of Flve Tbouoond ($5.000.00)Dollaro UDtl1 flnal oottl~ent.The fioal
oottl~ot nbel1 be Ueb~ry 1,1968.ODd at ouch tlBO tho BU1e~ohai1
provide thoir ~lnouronco.
6.Time is Dot of the essence of this Agreement.
7.The parties further agree as follows:
(0)Thio Agt:eGDont 10 modo under ODd aubject to flrua1 oppt:ovn1 of tho
Or:pheoo'Court of noob:s'06toD Couoty,1e 1:o8£lrc1 to oufflclonc1 of tho ocbiolo-
trntrlx'o bood.
(b)Buyor to be reimburuod 10 the cmouot o-f hood monoy poiel obou1cl
final approval Dot bo fortbcomloG.
(0)All 1967 tonoo to bo prorated 08 of November 1,1967.
8.The real property which is the subject of this Agreement is gescribed as follows:
ALL that cortal0 lot of around oituoto in tho Boxounb of WOGt
A10KQPder,aooblontoD County,PouDoylvooia.bcundod aDd doocrlbod ao folloee:
BEGINNl~at 0 point tmlch 10 North 2tO Baot 20 foot f1'co 0 point
io tho Public Hi[Jhtloy ImcrloJD 00 U.S.Route 40,t)bich point 10 CQ:i:JlOD to lot
of GGOr3Q Dooley aDd tbg lot harotn 4oacrlbod;tbence by lot of tho said
Goorao 000101.tlo~tb 2'u Eaot 250 foot to 0 point C~to load of GOOJ:6G
Denboy and tho lot boroin dascribod;thenca by lot of Ed Acker:Rotato,South
87~Eeot SO foot to Q poiot C~D to othor:1004 of tho Yozmillion Holro.
nov ot.'ltcad by Donloy {tina.laad of Acltor Hairo,and tho tract hor:Gio deccrlbod&
thQQCO by oolet 1t1DG lot.Soutb 2~o tIaot 250 foot to Q POane Ccrot!OD to ooid
Uloa lond and tho lot baroin dQ8crlbodi tbaoce North 87g Weot 50 feet to 0
point,tho ploco of bo3iDolo3.
AND GRANTInG Arm CONVEYUtC to tho Buycar tho J:l6bt to uoo ustOJ:fro;a
tho 0011 located on adjoiniog land DOti or fomerly owed by D0010y 1t1ofb
et WI.under 004 oubject to tho cODditlobO 00 to malDtOftODCO and upltaap 00
oet fo~tb in the coed of W.R.Vowl1ioD.ot ux.,ot al.to IIor1'1 A.Hooo.
dotod Uobr:uory 21.1942 t ond of J:ocorcl In tho OfficQ of tho B.ocol'dar of Doeclo
for NooblnatoD County 10 Doad Book 655.pano 473.
BEING tho ooaa lot OJ:porcol of 'around t1bich uao convoyod to
Olivo D.'Woll4lcO b1 dooe!of Horry A.MoDO,mdowor,dated Marcb 8.1950.
oDd rocordacl in tho Rccordor'o Offico of ~oob106ton County in Doed Book
770,pano 44S.Tbe S41d Olivo D.t-Jol1oce c1iQd iotoototo on Octobor 10,
1967.ond Lottors of A~nlGtratloD 00 bar oototo ~ore nJ:oocod to Max10n
W.Aohton by thCi!Ra5iotor of tIl110 of Woob1natoD County.PonoGylvoo10,on
Octobor 17.1967.
Upco tho abovo deocrlbad prco1ooo 10 eractod Q frame 40011108.
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~----~~------._----_________~._~__""W"........"._,~WITNESSED BY:
9.If Buyer defaults in payment or performance for oint,.days,Seller may,at Seller's election,
use one or more of the following remedies in addition to or instead of any other remedies provided by law:
(a)rescind this agreement and retain all sums paid on account hereof as liquidated damages,in
which case Seller shall retain title to the real estate free and clear of any obligation or duty to Buyer and Buyer
shall surrender this Agreement for cancellation;
(b)eject Buyer from said real estate,for which purpose Buyer hereby authorizes any attorney
of any Court of Record to appear for Buyer and confess judgment against Buyer in an amicable action of eieS'.tment,
with immediate writ for possession of the real estate and for damages,to include attorney's commission of AU 0/0
or $and costs,hereby waiving stay of execution,exemption and inquisition,with release of all errors;
(c)affirm this agreement by delivery of deed to Buyer,declare all sums due hereunder to be
forthwith due and payable,and cause judgment to be entered therefor,for which purpose Buyer hereby authorizes
and empowers any attorney of any Court of Record to appear for Buyel(fd confess judgment against Buyer for
the whole balance due,together with interest,attorney's commission of %or $,and costs,
and hereby agrees to immediate execution thereon,waiving stay of execution,exemption and inquisition,with re-
lease of all errors.
10.This Agreement shall extend to and benefit and bind the heirs,executors,administrators,successors and
assigns of the parties.Whenever used herein,the singular number shall include the plural,the plural the singular
and the use of any gender shall include all genders.
NOTICE -THIS DOCUMENT MAY NOT SELL,CONVEY,TRANSFER,INCLUDE OR INSURE THE TITLE TO THE COAL
AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN,AND THE
OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL
AND,IN THAT CONNECTION,DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE,BUILD-
ING OR OTHER STRUCTURE ON OR IN SUCH LAND.(This notice is set forth in the manner provided in Section 1 of the
Act of July 17,1957,P.L.984.)
WITNESS the due.execution hereof the day and year first above written.
Estate "r ~ive D.Wallace,Dec t d.
·..·..·~··i~fl~e1fetm~~)?SEAL)
R~~.t~(SEAL)
Don"C s,tcue (SEAL)
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...................................................................................................(SEAL)
.....................,,(SEAL)
STATE OF PENNSYLVANIA t
tiASHINGTON 5S.COUNTY OF ..
,
On this,the 3~4.day of...J~Qy.Qli?Qr ,19 6.7before me,, /
the undersigned officer,personally appeared t1AalON W.ASH~OiJ.Ac.b1nlotrotrla.
known to me (or satisfactorily proven)to be the person whose name iOmbscribed to the within instrument,and
acknowledged that abo executed the same for the purposes therein contained.
In Witness Whereof,I hereunto set my hand and official seal.
....................................................................~~.
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My Commission Expires .
STATE OF PENNSYLVANIA ttrlASH1NGTO~SS.COUNTY OF ~.
.3rel Novamo~67OnthIS,the day of ,19 ,before me,,
the undersigned officer,personally appeared RQNAL1)E.STOUT and DONNA C.STOUT.bio t11fo,
known to me (or satisfactorily proven)to be the person a whose name a subscribed to the within instrument,and
acknowledged that thoy executed the same for the purposes therein contained.
In Witness Whereof,I hereunto set my hand and official seal.
My Commission Expires .
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Q.)..0 >.Iil"'C Q.)~g I-<I-<P=l!::J o Q.)'M'B ~Q ~..s::Q.).,O!,p:;~.;i
COMMONWEALTH OF PENNSYLVANIA,
COUNTY OF
}88.
RECORDED on this day of A.D.19 ,in the Recorder's Office
of the said County,in Vol.,Page .
Given under my hand and the seal of the said office,the date above written.
,:',Recorcbr
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT Or:REVENUE
BUREAU OF COUNTY COLLECTiONS
INHERI1"ANCE TAX"DIVISION
IN YOUR nEPLY PLEAD!
RlI:P'Il:R "0
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NOTICE OF FILING OF APPRAISEMENT
Xtx~~iXQF~~t.Administrator)
In Re:Estate of O~~:::.LI=-\i.:..:7:.::.~_D:::".,~._',-,-'i;:..:.A""L-",L:..:..I\.>.:;CE=-_
_______---'-~li..;.A;....;;S..;.H;.;;;I;.;.i\~;.;;;C_'·TOo.;;.;:.'t.'__1........__County -File No.
Dear lira.Ashton:
You are hereby notified that the original---==-=-=-'-'==---------appraisement in the estate of OJ:j "0 D.\':el1 ACf!
has been filed in the office of the Register of Wills qf ~~Er;n~,Qn
County on .TannA,.,;}'16,,196B....Said appraisement reflects the
following valuations:
Real Estate --'6"'i,~n'"')oo.:.!_,""'.L:()~)QL-_
Personal Property __7~~~~~,=0~7~.~~~9 _
Transfer s -------T~-9f¥T_.~::r------Total 1_)_,_2_C_:7_._I_~9 _
As to such tax that is paid within three months from date of
death,a five (5%)percent discount is allowable.As to any tax that
remains unpaid after one year from date of death,interest at the rate
of six (6%)percent per annum is charged.
Any party in interest who is aggrieved by an appraisement may
appeal therefrom as provided by law.
Date "T_an_,._U_]c:'_~-=-'_1_.6...:,_1_9_6_S _Signed
Title
October lO~1967
Note:This is not a bill.
•Affi~autt ®f ·1fxrrutnr .®r l\~mint!itratnr
~tutr of JrllllngluUlltU,~DD:·
(llOUllty of munQtllgtoll \
Personally before me,the undersigned authority,a f.Ig.tg.r.~:.?)dglJ.9.in and for said
County and State,appeared...J~\1An.r~m..J!..,A.§.HT.QN who,being duly
sworn according'to law,deposes and says that she is the ~or administrator of the estate of
.Q.J!J.Y.2 P.YJ:TI~\5.:~·!.A.h~\9..~"deceased,that the foregoing schedules constitute a
complete inventory and appraisement of the real and personal estate of.....rnJ.!I.y.~....p..1J.n.J!.~t\.p.....~:[l:J.!LA.Qg:,
deceased,except real estate outside the Commonwealth of Pennsylvania;that the figures opposite each item
of real and personal estate in the foregoing schedules are determined and stated by the undersigned to
,be the fair value of said items as of the date of the decedent's death,based upon a just appraisement of each
item made by the above named ~Ul.lflX Administrator.
Sworn and subscribed before me this.......!...':!:::...:...ldv./l '0(j fl IJ ~
day Of-;.;:p~)~..~.~.9..~.E...7 .•.~......19_....f:J....:..l..lL.I:</:L.!,<:B1.........1t"'...L~r.A:.f.::J..
'My.Comm.E~;~~6j,~~···INSTRUCTIONS ~Administrator
1.An inventory must be filed within three months after appointment of personal representative.
2.A supplemental inventory must be filed within thirty days of discovery of additional assets.
S.1 Onginal and 2 Copies and 2 RCRI-34,Under $10,000;1 Original and 2 Copies and 2 RCRI-33,
Over $10,000,including Copy of Will;1 Original and 3 Copies and 2 RCRI-33,Over $50,000,in-
cluding Copy 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.4B44.2
lInutntnru..au~.l\.PPtaAiSt~t.nt of th(!,g9.0~...Q,11.d cho,ttel~,"iJ!h.t~(ltttl...credits which'OLIV~-n.II LLACE,atK{CL IVUt0.JOHN viAIJLAC.t,;
were of..QJ.,.J.Y.P.......RY.:~I.I~l..JY.b.l::.M.Q~..J.fJ.L.kL.g....Jate of ~g.r..Q.\:\g,h.....9.;f....:::~.~.§.:t..A1.~.~gnsH:.*-.".......
Washington County,Pa.,taken and made in conformity with the abO'Ve affidalJit.
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DOLLARS CENTS
PERSONALTY:
Savings Account in the name of Olive D.Wallace
in Wheeling Dollar SaVings &Trust Co.,Wheeling,
West Vi:!'ginia
Cash in purse of decedent
Household Furnishings (See Attached itemized list)
625
32
532
09
00
65
CORPORATE STOCK
5,187 50
830 35
Total Personalty:7,207 59
6,000 00
REAL ESTATE:
All that certain hous'e and lot situate in
the Borough of West Alexander;Washington County,
Pennsylvania,fronting along the north side pf
Main St.(Formerly U.S.#40)and being the 88me whicl
Wr:S conveyed to Olive D.Wallace by deed of Harry A.
MOG?,widower,dated March 8th,1950;1967.
Assessed Valu3tion:$1;180.00!
!II,Total Value of Realty &Personal~y:3,207 59
I..l......-'_~~_..~..,=,.._..=__-=_==~=?=~.__======-~"_~.__..,_
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IN THE ORPHANS I COURT OF WASHINGl'ON COUNTY,PENNSYLVANIA,
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In Re:
Estate of OLIVE DUNLAP WALLACE,
a/k/a OLIVE D.WALLACE,
a/k/a MRS.JOHN WALLACE,
Deceased.
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No.~"r of //It Y
DDEE APPROVING FRIVATE SALE
t:<.---'r ')
AND NOW,this I S-.-day of O_~../I ,-1968,
MARION W.ASHTON,Administratrix of the Estate of Olive D.Wallace Deceased,
may receive the proceeds from the sale of a frame dwelling situate in the
Borough of west Alexander,Washington County,Pennsylvania,as is more fUlly
described in the attached Petition.
And the filing of additional security by her(is waived).-f~the-
Iktn illlr-o:f'""1I1jdit4onal-5eGuriiiy-;in-the-amount_of_$------•}.
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