HomeMy WebLinkAboutOC1968-0744 - ESTATE OF PROWITT..
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:ESTATE OF ALDINE PROWITT,).
a/k/a ALDINE M.PROWITT,)
Deceased.)
o R D E R
AND NOW,May ~~'1968,the foregoing Petition Relating
to Bond having been presented to the Court,upon consideration'
thereof and on motion of James C.McCreight,Esquire,attorney
forpetitione~,the prayer thereof is granted a~d it is
ORDERED,ADJUDGED and DECREED
under the provisions of Section 541 of the Fiduciaries Act of
1949,as amended,that Regina P.McCullough,Administratrix C.T.A
of the Estate of Aldine Prowitt,also known as Aldine M.Prowitt,
deceased,be excused from entering additional security as a
condition to receiving the proceeds of the real estate situate
in Canton Township,Washington C~uh~y~PennsYlvania,sold to
Carlo George Krenzelak and q;~ro~be:tl in the foregoing Petition.
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IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:ESTATE OF ALDINE PROWITT,)
a/k/a ALDINE M.PROWITT,)
deceased.)
NO.of 1968
PETITION RELATING TO BOND IN CONNECTION
WITH SALE OF REAL ESTATE
(Section 541 of Fiduciaries Act of 1949)
TO THE HONORABLE P.V.MARINO,President Judge of said Court:
The petition of Regina P.McCullough respectfully
represents that:
1.Aldihe Prowitt,also known as Aldine M.Prowitt,
late of Canton Township,Washington County,Pennsylvania,died
on September 19,1967,leaving her Last Will and Testament dated
March 28,1950,a copy of which is attached hereto and made part
hereof and identified as Exhibit "A".
2.Letters of Administration Co.T.A.upon the Estate
of said decedent were granted to petitioner upon probate of the
Will on November 20,1967,the executor named in the Will having
declined to serve~-The only real estate owned by decedent at the
time of her death cb~sisted of ~lo~ot g~ound situate in Canton
Tow~ship,Washington County,Pennsylvania,improved with a frame
dwelling house known as No.2241 Belmont Avenue,which real estate
is more particularly described in Agreement attached hereto as
Exhibit "B".
3.As will appear by refe~ence to Affidavit of Value
attached hereto as Exhibit "C",the fair market value of the real
estate hereinabove referred to is Three Thousand six hundred
($3,600.00)Dollars.
4.The amount and nature of the personal estate of
said decedent is as shown in the Inventory and Appraisal,a copy
of which is attached hereto as Exhibit "D".
5.The amount of bond filed on grant of letters to
the petitioner was Thirteen Thousand ($13,000.00)Dollars and the
surety is the Ohio Casualty Insurance Company.
6.Through a real estate agent,petitioner has
obtained a buyer for said real estate for the price of Three
Thousand six hundred ($3,600.00)Dollars and has entered into an
agreement for the sale thereof to said buyer,Carlo George
Krenzelak,as of May 15,1968,a copy of said Agreement is attache
hereto as Exhibit "B".
WHEREFORE,your petitioner prays your'Honorable Court
under the provisions of Section 541 of the Fiduciaries Act of 1949
to enter an Order excusing or reqUiring additional security as a
condition to receiving the 'proceeds of sale.,.
OMMONWEALTH OF PENNSYLVANIA
OUNTY OF WASHINGTON
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Before me,the undersigned authority,personally
ppeared Regina P.McCullough,who,being duly sworn according
o law,deposes and says that the facts set forth in the fore-
oing Petition are true and correct to the best of her information,
nowledge and belief.
ReginaP:MC:llog
to and subscribed
me the.c?r2/Vl d
Of_)yZ+-+-~a""""'<d"'r---'1968.
ash~ngton,Washington County,Pa.
Commission Expires:rn..e."..;<s;/q7tJ
BA~BARA CRAIG.NOTARY PUBLICWAS"!'I~TON.WASHINGTON COUHTY
MY COMMISSION EXPIRES JUNE 25,197D
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I direct my Executor herein~fter named to pay all my just debts
I hereby authorize,empower and direct my Executor hereinafter
Siened,sealed,published and declared,by the Testatrix,ALDINE PRO~1T
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!;I,ALDINE PROWIT1'also knovm as ALDINE M.PROWITT,of the City of
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I!Washington,Wa~hington County,Pennsylvania,do make and publish this my
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/1 last Will and Testument here~J revoking and annulling anyond all vdllsbyII'i
:1 me at any time heretofore Dlade.
Ii":'i:"IIIi.Ii and funeral expenses as soon·a fter my decease as convenient.
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!!named to s ell and convey either at public or Frivate sale any and all real
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Ii estate of which I may die seized and authorize him to execute and deliver a
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II deed or.deeds t~the purchaser thereof with the same force a nd effect as .
II t."lough I had personally executed and delivered said deed or deeds in my lifeIi
jl t'::l.me •.
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Ii 3.Jitter the payment of al~my debts,etc.,I give,devise a"'ld bequea4IiI"Iiil all the rest,residue and remainder cf my estate,to.the Boys and Girls Home
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i:at Mars,Pennsylvania,no..,operated by Dr.Jack Munyous as "Lest We Forget".
II I hereby nOJli:ud;e,constitute and apfoint J.R.Irwin Knox,Esq.,Ii .",I:Executor of this my last Will and Testament.
"il Witness my hand and seal this 28t."1 day of ~larch,1950.
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'I!i also knmm as ALDINE M.PROy:ITT,to be her last Will and Testament .in theIi"Ii presence of us,who at h'er 'request,in her presence and in the presence ofij.
I'I~each other,have hereunto set our names as subscribing witnesses.
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"....Q.~:~~O.161\(1962)
REAL.PROPERTY AGREEMENT
(aHORT FORM)
.....~..
WASHINGTON COUNTY BAR ASSOCIATION
WASHINGTON.PA.
Made the ,5TH day of May 19 68
Between REGINA P.McCULLOUGH,Administratrix C.T.A.of the Estate of Aldine
M.Prowitt deceased --------------------------------(hereinafter called "Seller")and.,,
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WITNESSETH,that for the consideration hereinafter set forth and intending to be legally bound the Seller and
Buyer mutually agree as follows:
1.Seller agrees to sell and convey to buyer on or before June 1 1968 .., ,
by special warranty deed in fee simple absolute,clear of all mortgages,judgment liens
and ta.x liens and other encumbrances affecting its marketability (except as hereinafter set forth)all the real property
described in Paragraph 7 hereof.
2.Buyer agrees to purchase said real property and to pay Seller therefor the sum of Three Thousand
six hundred andno/IOO ($3,600.00 )Dollars as follows:$500.00 on signing
this Agreement,the receipt whereof is acknowledged and the balance of
$3,100.00 on delivery of deed.i,
s.Possession shall be given on
at the office of Seller's attorney on June 1,
mutual consent-of the parties.
June 1,:." .19 .6 8."and settlement shall be made
19 68 ;or as follows:Or earlier by
..",
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 exceptions.
5.From and after the date of this agreement,insurance shall be provided and'paid for as follows:
Buyer shall provide and pay for own fire insurance.
6.Time is -----------0£the essence of this Agreement.
7.The real property which is the subject of this Agreement is described as follows:All that certai
lot of ground situate in Canton Township,Washington County,Pennsylvania,
in what is known as Wolfdale,and being Lot No.35 and 2 feet off the west
side of Lot No.36 in the plan of lots laid out by Wolf heirs,recorded
in the Recorder's Office of Washington County,Pennsylvania,in Plan Book
1 at page 89.Said lot of ground fronting 42 feet on Belmont Avenue and
extending back of even width 140 feet to Rose AIey.
Under and subject to such exceptions,reservations,
conditions or restrictions as may be set forth or referred to in prior deeds
in the chain of title or as may be visible upon the premises.
Being the same lot of ground which was conveyed to
Aldine Prowitt by deed of Jesse J.Hoover and Marjorie Hoover,his wife,
dated October 25,1952,of record in the Recorderls Office of Washington
County,Pennsylvania,in Deed Book 847 at page 216;and the said Aldine
Prowitt,also known as Aldine M.Prowitt,died seized thereof on September
10,1967,leaving her Last Will and Testament which has been duly probated
as of record in the Office of the Register of Wills of Washington Couty,
Pennsylvania,Letters of Administration C.T.A.thereon having been granted
on November 20,1967,to Regina P.McCullough,who makes this sale under
the provisions of Section 541 o~the Fiduciaries Act of 1949,as amended.
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IIEXHIBIT "B"
1,
It is agreed that this sale is subject to the provisions
of Section 541 of said Fiduciaries Act and is conditional upon the
approval or excusing of bond in connection therewith.
The down payment of $500.00 referred to in Paragraph 2
hereof shall be held in escrow by Bennet Real Estate Agency pending approval
or excusing of additional bond and closing.
8.If Buyer defaults in payment or performanc~for 15 .'days,Seller 'may,at Seller's election
.use one or more of the following remedies in addition to or in~tead 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 d~ty to Buyer and Buyer
shall surrender this Agreement for cancellation;, .
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(b)eject Buyer from'said real e'state,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 ejectment,
with immediate writ for possession .of the real estate and for damages,to include attorney's commission of 5 0/0'
or $ .and costs,hereby waiving stay of execution,exemption and inquisition,'with release of all errors;
(c)affinn 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 Buyer and confess judgment against Buyer for
..the whole balance due,together with interest,attorney's commission .of ..5 0/0 or $''."and costs,
,..and hereby agrees to immediate execution thereon,waiving stay of execution,exemption and inquisition,with re-
lease of all errors..,',I .,'.'..".'•.'.'.'
9.The ~uyer agrees not to record this Agreement and recording by the Buyer shall constitute a breach
thereof.
10.This Agreement shall extend to and benefit and bind the heirs,executors,administrators,successors and
assigns of the parties.,,yhenever used herein,the singular number shall include the plural,the plural the singular
and the use of any gender shall include all genders.
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.'.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 RE.SULT TO THE SURFACE OF THE LAND AND ANY HOUSE,BUILD-
ING OR OTHER STRUCTURE ON OR IN SUCH LAND.~¥M.VJi!iIJ,·.§'~rl.""'·A·A"'·.MiftH.~M.rIJf.~!t.·~.~.-W
'A!.V.~U,·~W'~.~~·.·JM,..)THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE,RESTRICT OR MODIFY ANY
LEGAL RIGHTS OR ESTATES OTHERWISE CREATED,TRANSFERRED,EXCEPTED OR RESERVED BY THIS INSTRU·
MENT.(This notice is set forth pursuant to Act No.255,approved September 10,1965.)~'
WITNESS the due execution hereof the day,and year first above written.,,.\.k..f>7/;~U{g-(./..·v
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AFFIDAVIT OF VALUE
COMMONWEALTH OF PENNSYLVANIA )
)SSe
COUNTY OF ,WASHINGTON )
Before me,the undersigned authority,personally
appeared HENRY P.BENNET and JOHN TURNER,who,being duly sworn
according to law,depose and say that they are,respectively,
a licensed real estate broker and a licensed real estate sales-
man acquainted with values of real estate in and around
Washington,Pennsylvania,and that they are acquainted with the
real estate of the late Aldine ,Prowitt de'scribe~in ~he'foregoing
Petition,and that,in their opinion,its fair market value is
Three Thousand six hundred ($3,600~OO)Dollars which is more
than could be obtained at public sale thereof.
Sworn to and subscribed
before me this ;2J/Y6oday
or ~::::.~,1968.
~&~~otary Public~.'"...~_~"""·~t
.'WashIngton,Washington County~Pa..../~RfY R.l£tllffT,NOTARY f>II8tlt
My Commission Expires.WASlIlJiGTOH,WASHINGTON COUItTf.mJ ~~WIRES JUlY 22~1\'3
EXHIBIT "C"
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l\ffi~auit (@f.1fxrrutnr .(@r l\~mintl1tratnr
,~tatr of tJrttuuyluauia,t ss:
cnoUttty of itJauQittgtott \
Personally before me,the undersigned authority,a.n.Q.t~r..y.p..h\P..lt~L in and for said
County and State,appeared ~.~g;tn.?:E.~Mg..9..1\JJ.Q.'J.g.h who,being duly
sworn according to law,deposes and says that she .is th~:lOX ad~i~tr~tor of the estate of
A.l!11n~P..r..Q.}i.lt..t.g..I..KI..9..Al£th.D&..J:1.!M deceased,that the foregoi~g ;ch~dules constitute a
complete inventory and appraisemeJto~~te\~al and personal estate of....,A,ldin.e.....P.r.ow.i.t:t....a/.k.t.a.,A1dine M
deceased,except real estate outside the Commonwealth of Pennsylvania;that the figures opposite each item Prowit t
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 ¥R~Administrator.C.T•A•
Sworn and subscribed befo~e me this...??..~.~...:...l
day of NJ~:Y 19.9..8........ls.L....Re.g,ina P.,M.c.C:ul.lo.ug,b _
(SEAL)_.!..~!.~~.:~.~:.~?:~.~f?.............................xlhewxwxAdministrator C.T•A•
washing~on ~Wash,Co,Pa.Anru:rIO~AL.INSTRUCTIONSMyCommlsslonExpires:Jurr~~Z5,~YTO
1.An inventory must be filed within three months after appointment of personal representative.
2.Asupplemental inventory must be filed within thirty days of discovery of additional assets.,S.1Original 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.4844.2
lInutntnry anb "'ppraistmtnt of the goods and chattels,rights and credits which
were Of A!g.:t.ng P.r..Q~J.tt ~L.kL.~.~~!.:~.:_.~J~teP~?~:.~.:.c.i.t.y,.o.r.M.W.a.s.bing,t..o.o ..
Washington County,Pa.,taken and made in conformity with the above affidavit.
DOLLARS CENTS
PERSONAL PROPERTY
1.Checking account in Washington (Pa.)Office of
Pittsburgh National Bank
2.,Funds on deposit in trust with McCreight,Marriner &
McCreight 'I
3.Savings account in First Federal Savings &Loan
Associatio~of Washington,Pa.
4.Household goods and furnishings !
,
I 5.16 shares of common stoc~of Lone Star Gas COe @ 25-1/2
5a.Dividend on above,dated Sept.11,1968
6.U.S.Savings Bond Series E issued July 1963 in face
amount to $50.00
7.Commonwealth of Pennsylvania -retirement payments for
August and September 1967 'I
I 8.Metropolitan Life Insurance Co.-Life Insurance
Policy 5840l87M I
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9.1954 Ford Sedan automobile
10.Columbia Gas of Pap -credit due
TOTAL
REAL ESTATE
191 94
315 48
1,496 36,
735 25
408 00
4 48
43 08
227 50
744 52
25 00
9 69
$4201 30
1.All that certain lot of ground situate in Canton Town-
ship,Washington County,Pennsylvania,in what is known
as Wolfdale,and being Lot No.35 and 2 feet off the
west side of Lot No.36 in the plan of lots laid out by
Wolf heirs,recorded in the Recorder's Office of Wash-
ingtori County,Pennsylvania,in Plan Book 1 at page 89.
Said lot of ground fronting 42 feet on Belmont Avenue
and extending back of even width :140 feet to Rose AIey.
Improved with frame,'2 'story house known as 2241
Belmont Ave.Source of Title:Deed Book 847,page 216.$3600 00
TOTAL PERSONALTY AND REAL ESTATE I EXHIBIT "D"$7801 30
I IN THE ORPHANS"
WASHillNGTON COUNTY,
N,O ."1-/tj-t-i ".
COURT"OF
PENNSYLVANIA
of 1968·
.'i:
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IN RE:ESTATE OF ALDINE
PROWITT,a/k/a
ALDINE M.PROWITT,
deceased.
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PETITION RELAT1NG TO BOND IN
CONNECTION WITH SALE OF REAL
ESTATE
(Section 541 of Fiduciaries
".j\ct.Pf 1,9 49)
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