HomeMy WebLinkAboutOC1968-0992 - ESTATE OF LUDWIG/
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IN THE ORPHANS'COURT
OF WASHINGTON COUNTY,PENNA
NO.71:H OF 1968
IN RE:Estate of
NELLE LUDWIG,
deceased •
,tif /
PETITION TO SETTLE ESTATE
UNDER SECTION 202
OF THE FIDUCIARI~ACTand-o R D E R
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ATTORNEY AT LAW
CORNER FOURTH ST.AND FALLOWFIELD AVE.
CHARLEROI,PA.
The Tuttle Law Print,Publishers,Rutland,Vt.
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IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:Estate of
·NELLE LUDWIG,
.......
deceased.
NO.·OF 1968
PETITION TO SETTLE ESTATE
UNDER SECTION 202
..
OF·THE FIDUCIARIES ACT-_.......--
·TO:THE HONORABLE PATSY:£:.MARINO,
PRESIDENT JUDGE OF THE SAID COURT
The Petition of THOMAS WILLIAM LuDWIG respectfully represent
...'
1.That NELLE (Babe)LUDW~G,a single"person,died .intestat
on August 8,1967,domiciled in the Borough of Charleroi,Wash-
ington County,Pennsylvania.
2.That your Petitioner is the .paternal nephew of the said
decedent and resides at 306 Fifth Street in the Borough of
Charleroi,Washington County,Pennsylvania.
3.That the decedent left no Will and the issuance of
letters of administration on her estate is not contemplated
and/or required.
4.That the estate of the decedent and the value thereof
consists of the following,to wit:
REALTY:None
PERSONALTY:
1.Wages -None
- 1 -
a.
2-.Cash in bank:
Balance 1n First;National Bank,
Charleroi -Savings Account No.
7276 with interest to 5/1/68 • ·• ••
b.Balance in First National Bank,
CharleroiChristmas Club Acct.•No.D8625.•••57·50
Total $1,552 .55
5.That the said NELLE (Babe)LUDWIG died without issue
"but was s urvived only by two paternal nephews,both of whom are
sui juris,namely:
Name~
Address
(a)Thomas W~lliam Ludwig 306 Fifth StreetCharleroi,Pa.15022
(b)Joseph Douglas Ludwig 446 N.Sweetzer Ave.
Los Angeles
California 90048
41 years
37 years
who are entitled to share in her estate under the Intestate Law
of the Commonwealth of Pennsylvania.
6.That the names of all unpaid claimants of whom the
Petitioner has notice or knowledge are as follows:
(a)Francis C•.Slezak
(b)W.L.Cunningham,
lVJ.D.
(c)Saint Jerome
Recotory
(d)Father Maher
(e)Charleroi-Monessen
Hospital
(f)August L.
Sismondo
(g)Russell Marino,
Register
Funeral expenses less
social security·$1,295.00
Medical services in
hospital 30.00
Upkeep and burial fee,
grass,tent and
lowering device 170.00
Funeral Services 20.00
Balance due on serVices
rendered decedent
7/24/67 to 8/8/67 73.99
Preparation and filing
of Petition and for
all services rendered
estate in the settle-
ment thereof 100.00
Filing Petition $
7.That inasmuch as decedent's estate is insolvent and
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no tax is due the Commonwealth,no Inventory and Schedule of
Debts and Deductions for Inheritance Tax purposes will be filed."
WHEREFORE,your Petitio'ner showing as aforesaid prays your
Honorable Court to make.an Order setting .a date for the hearing
of all cla~ms against said estate;the type and form of notice
to be given thereof,and the determination ot the amount and
priority for the payment of the various claims.'
AND,he will ever pray.
~ML~PETITIONER ..
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OOMMONWEALTH OF PENNSYLVANIA
OOUNTY OF WASHINGTON SS.
THOMAS WILLIAM LUDWIG,being duly sworn according to law
THOMAS WILLIAM L~
Sworn and subscribed to
before me this 2Qth day
BETTY J.SWEENEY,Notary Public
Charleroi Borough,Washington County
My Commission Expires July 31,19/1
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IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
NELLE LUDWIG,
IN RE:Estate of ~~deceased.)
NO.
o R D E R
a hearing thereon will be
at 11 ....rr-O 0'clockr'
creditors of decedent's estate shall
~~~~~~~~~=,1968,the Court upon considerationANDNOW,
of the within
lU lZ4l...held on ,j4,(mday,
~.M.at which
be determined and the priority of their claims set;notice of
sai~hearing shall be given by·eei&~@~mail to all known
notice of the filingi of this:Petition shall be given to THOMAS
WILLIAM LUDWIG by sending him a copy thereof by certified mail
at his address set forth in said Petition;after which,the
Court will determine the claims against said estate and the
priority thereof;after whibh,the Court will make proper
distribution of decedent's assets.
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IN THE ORPHANS'COURT OF
WASHINGTON COUNTY,PENNA.
NO.992 OF 1968
Estate of
NELLE LUDWIG,
deceased.
DECREE
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AUGUST L.SISMONDO
ATTORNEY AT LAW
CORNER FOURTH ST.AND FALLOWFIELD AVE.
CHARLEROI,PA.\..
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The Tuttle Law Print.Publishers.RUtl~nd.Vt.
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IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
Estate ofINRE:t
NELLE LUDW~G,~
deceased.)
NO.992 OF 1968
DECREE
AND NOW,September ,1968,upon consideration of the
Petition filed in the above entitled estate,pursuant to Section
202 of the Fiduciaries Act of 1949 as amended,the Court after
hearing,and upon motion of AUGUSTL.SISMONDO,Esq.,Attorney
-for Petitioner,orders and decrees that the estate of NELLE
LUDWIG,deceased,composed of $1,552.55 cash in Savings Account
and Christmas Savings be and the same is hereby awarded to
THOMAS WILLIAM LUDWIG and JOSEPH DOUGLAS LUDWIG being the only
-persons entitled to the same urider theintesiate laws of the
Commonwealth of Pennsylvania ,subject only to the payment of
decedent's debts;and
The Court further orders and decrees·that the FIRST NATIONAL
BA.NK,CHAR~OI,Charleroi,Pennsylvania pay and deliver the
aforesaid sum unto THOMAS WILLIAM LUDWIG as trustee for the
purpose of paying decedent's debts which have been determined
and set as follows:
AUGUST L.SISMONDO,Esq.-Attorney's fee and
costs of filing
Petition etc.$
CHARLEROI-MONESSEN -Balance due for
HOSPITAL.services rendered
from 7/24 /67 to
8/8/67
REVEREND WILLIAM J~Funeral Services
MAHER
SAINT JEROME RECTORY -Burial fee
w.L.CUNNINGHAM,M.D..-Medical Services
FRANCIS C.SLEZAK -Funeral Director
"Total
- 1 -
lill~.46
73.99
20.00
170.00
30.00
1,149.10
$1,552.55
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This Decree shall constitute sufficient authority to all
parties dealing with the property of the decedent's estate,to
recognize the person named herein ~s trustee and entitled to
receive said assets for distribution as set forth herein;and
shall in all respects have the same force and effect as a Decree
of Distribution after an accounting by a personal representative;
a certified copy of this Decree shall constitute full authority
to FIRST NATIONAL BANK,CHAR~ROI to transfer said assets to
THOMAS WILLIAM LUDWIG,trustee,as aforesaid.
By
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AUGUST L.SISMONDO
I'•;ATTORNEY AT LAW.·~
CORNER FOURTH ST.AND FALLOWFIELD AVE.
CHARLEROI,PA.
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IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:Estate of
NELLE LUDWIG,
deceased.
~
}NO.992 OF 1968~
PAY TRANSCRIPT
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SISMONDO,Es •
20.00 ~~l~~~'
Maher
SAINT JEROME RECTORY
170.00 pex:CJf~1~
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And now,Sept."~.'1968,
received of Thomas William
Ludwig,Trustee of the Est.
of Nelle LudWig,dec'd.,
Burial Fee per Decree of
Court dated September 3,
1968.. . • . • . • • • • . .$
'dAndnow,Sept.;t ,1968,
received of Thomas William
Ludwig,Trustee of the Est.
of Nelle LudWig,decld.,
Funeral Expenses
(Claim $1,295.00)prorata
share per Decree of Court
dated September 3,1968 .•.$1,146.1~~~~~~~~~~~__~
.Francis C.Sle~
Funeral Director
't/vAndnow,Sept ./(;,1968,
received of Thomas William
LudWig,Trustee of the Est.
of Nelle LudWig,decld.,
Funeral Services per Decree
of Court dated September
'3,1968.• •..... .$
..,......
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IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
Estate of
NELLE LUDWIG,
IN RE:)
(.
~deceased.)
NO.992 OF 1968
SUPPLEMENTAL
PAY TRANSCRIPT NO.I .
.lit'
And now,SePt.~,1968,
received of Thomas William
Ludwig,Trustee of the Est.
of Nelle Ludwig,dec'd.,
bal.due for services
rendered per Decree of Court
dated September 3,1968 • . •
....ti
And now,sePt:~,1968,
received of Thomas William
Ludwig,Trustee of the Est.
of Nelle Ludwig,dece.in
full for medical services
per Decree of Court dated
September 3,1968 •.....•
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IN THE ORPB.ANS I COURT OF II
WASHINGTON COUNTY,PENNA.
NO.992 OF 1968
IN RE:Estate of
NELLE LUDWIG,
deceased.
AFFIDAVIT OF SERVICE
AUGUST L.SISMONDO
ATTORNEY AT LAW
CORNER FOURTH ST.AND FALLOWFIELD AVE.
CHARLEROI.PA.
The Tuttle Law Print,Publishers,Rutland,Vt.
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IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
NELLE LUDWIG,
IN RE:Estate of )
~(
deceased.)
NO.992 OF 1968
AFFIDAVIT OF SERVICE
'I
COMMONWEALTH OF PENNSYLVANIA
COUN~Y OF WASHINGTON
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AUGUST h SISMONDO,Esq.,Attorn~y at Law,being dUly sworn
according to law,deposes and says:
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1.That he caused notice by regular mail of the proposed
Creditors'Hearing to be held on August 28,1968,at 11:00
o 'clock A.M.,in the above named decedent IS estate as directed
by the court,to be mailed to all the creditors listed and E:et
forth on Exhibit "A"hereto attached and,made a part hereof,
the same being a copy of the notice mailed to said creditors'
last known addresses under date of July 31,1968;and
2.That notice of the filing of said Petition together
With a copy thereof was also given to JOSEPH DOUGLAS LUDWIG,
by sending him a copy thereof by certified mail at his address
set forth in said Petition,to wit:
JOSEPH DOUGLAS LUDWIG
446 N.Sweetzer Aven~e:
Los Angeles,California 90048
See certified mail receipt No.408161 a~~ached hereto and
made a part hereof.See also copy of letter dated July 31,1968
attached hereto and marked Exhibi
Sworn and subscribed to
tary Public
BErn J.SWEENEY,Notar Puhlic
Charleroi Borough,Washington County
My Commission Expires july 31,1971
before me this 19th day
of August,1968.
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Ili THE ORPHANS'COllB'?OF tlASH!N(ffON COUNTY"PEf4NSYLVANIA
Court Hot,.1se
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CHARLEROI-MONESSEN HOSPITAL
North Cha~leroi,Pa.,
SAINT JEROME RECTORY
P.O!Box 373
'Charleroi,Pa.
REVEREND WILLIAM J.MAHER
Saint Jerome Rectory
Washington Ave.,Charleroi,
advise,~..,th~t!,illiQtr~$W!LLIAf.l LUDWIG,neph(fw or the
W.L.Cunningham,Jr.,M.D.
Suite 202 -Professional,Plaza
625 Lincoln Avenue
North Charleroi,Pa.15022
FRANCIS C.SLEZAK
Til~235'-237 Fa llowfie ld .Ave.
"i'~'Charleroi,Pa.15022.
above named d~oe<i~nt rl1~d a Pe't1tl1.on under the Small Estates Aet
~'11th tb~G(>u:~t stt'ow1.ng:that-deoedent'a e~te.te consists only of
the rol1o~lng,to Wit.
;
Cash A~!'Jets in th¢atn~or ..•"•..~••$1,552.55
DatJt$owittg by the decedent tn tht:8um of $1,588,,99plu~eosta Of adm1rd..~ftl':·atl0.n t.otal1tng...$109.46
The Oourt'has 1!l:et W:e.dnesday~!uguet ,28,'196a~at lltOO
olclot3k a <lID.tnthe Orphans I Cou11tRoom on the th1;rd .floor of
the.Ceur-t Houae:tn yI&eh1ngtofh PennaYlv~nlaas t;he tltrte and pluee
fOJ.'a be$~1ngth said matt~:l?;at which .tlf!~4iI and place the C(}i.U:·t
sh~ll determ1n~the p;r:1o:r1ty and the 'lU~lCt~~nt of all ala-lms l(nown
to·aa1d eatate•
.As a.Creditor feu have Bt>ight to'e,p:pee.r end be he$.rd if
you aod$eir~~;
I ,AUGUST.);...$I$MONOO
At'to~t1ey for Petitioner
337 Fallolif1eldAvenue
Charle~o1.~a.15022
~XHIBIT"A "
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446 North Sweetzer Avenue
Los Angeles)California 90048
July 31,1908
August L.Sismondo Esq.
Fourth &Fa110wfieid Avenues
Charleroi,Pennsylvania 15022
Dear Mr.Sismondo:
Thank you for your letter of July 23,1968 and the copy
of the Petition and Order concerning my Aunt Babe's
Estate.
I have no objections to the contents of the Petition.
May I also thank you for your courtesy and consideration
in the handling of Babe's Estate for my brother,Tom and
myself.
Cordially,O~!Jcb.~i,se~D.Ludwig //
EXHIBIT "B fI
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.IN THE ORPHANS'COURT OF WASHINGTON COUNTY,
PENNSYLVA NIA
mistake or my stenographer made a mist~ke,but I will assume the
got to do,I ve gor to make a correct ion.It s'eems like I made a
May it pleas e the Court,the firs t thing I have
Wednesday,August 28,1968;at,11:00 o'clock
A.M.,EDST:,
AUGUST L.SIsivioNDO,ESQ.,of Charleroi,
Penna.;repres enting the Petitioner.
THE HONO~ABLE P.VINCENT MARINO,
Pres'~derit;Judgeof the said Court.
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,HEARING ON PETITION TO SETTLE ESTATE UNDER
SECTION 202 OF THE FIDUCIARIES ACT~.~.~,
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MR.SISMONDO:
BEFORE:,
IN RE:)
)
ESTATE OF ).,)No.992 of 1968
NELl-E LUDWIq,)
)
Deceased.).,
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responsibility---;owe inserted the name of Thomas William Ludwig
in ~he order of Court when it should have been his brother,Joseph
Douglas L.udwig.The notice was sent ~o J os eph Douglas Ludwig,
:who is in the .State of California.And the re is also attached to our
Affidavit of Service a letter wherein he states that he received the
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copy of the petitio.marid:!the order and he thanks us for it;and he say
to go ahead and do what we can.The letter is attached to the..
Affidavit,Your Honor.
that was to have been given to Thomas William Ludwig is actua)ly•THE COURT:So that in our order of July 22,1968,the nofic~
to be given to Jpseh D.Ludwig.
error.
THE COURT:
MR.SIS"MONDO:.Because"Thorn8£
That was simply a typographical
Notice has been given to Josep~D.LUdwig?
That is correct,Your Honor .
Yes.
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attached to the "Affidavit of Service whe:Ee:i:n ivIr.Ludwig acknowledg s
..the~whole thing,Your Honor,and if you will note,theiCe is a letter
WilFam Llldwig'~s the petiti9~er.And he needs no notice because
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So I think,"~he Affidavit of Servic:e covershefiledthepetition.
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Honor,in this case,this is a Petition to Settle "an Estate Under
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receipt of that.
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We note that.
I attache d a coW of that to make sure.,.Your
SecHon 202 of the Fiduciaries Act.Nelle Ludwig die'd intestate
on August 8,1967 'J diOmiCN:.ed in Charleroi,Washington County,
Pennsylvania.She left to su~vive her as h~r only heirs at law two
pat ernal nephews,namely Thomas William Ludwig,who lives in
Charleroi,Pennsylvania,and Jos eph Douglas Ludwig,who lives in
,',3
the State of Ca,lifornia;li.GrtJh,of them are ?ver 21 years of age.
There are no other relati'ves .Nelle I..~udwi:'gLwas never married;a [ld
they said she was married to a man,but she never was married to
...
TJ:1es e are the only two individuals'that"are ent~tled to share in her..•"
him .
.
He is now deceased.So there'~no claim on his part.
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estate.The assets of her estate consis t of a,balance in the First
National Bank,Charleroi,Savings Account Number 7276,and we
have'had the interest added to it up to May 1,1968,totaling
$1,i:l95.65.And she also ~as a balance)n the First National Bank,
Christmas Club Account Number D8625,totaling $51H 5jLtJ~~:rotal
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amount of the assets amounts to $1,552.55"'
(At the direction of the .Court,off-the-recore discussion was not
recorded by the ste~ogra,pher).
you s tate that the Court will determine the prio'rity and the amount
of claims in the estate.So what is you::idea of the priority here npw?
THE COURT:
MR.SISMONDO:
Now in your notice and also in your Petition,
I gave notice to all creditors who have claims.
You gave notice to all the creditors?iii THE COURT:
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MR.'SISMONDO:Of course,you have:the funeral bill which woUJ~
be in a class all by itself.Ane the doctor bills.Because they werE
all inc.urred dur.ing'the'last-:-~.wit,h~n·thelast six weeks of her illness.
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And the burial fee.'The only one that doesn't come within that
ca,tegory would be my fee for settling,the estate ~iJ.d.money that I.,,r'
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advanced.They al,l cQme within one classification.,.
,THE COURT:Well,I think aJtorrey's fees are---
THE COURT:Are shown by the Act to be part of y~ur adminiE -
tration.So they are not counted out.That's actually bef~re every~•
MR.SIS MONDO:•Maybe corne first?
thing.'It ',s pa:r:t oLthe administration.
$~O:00:Saint Jerome ·Rectory,which would be the burial and upkee ,.'.
place,Your Honor.
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We have then they all corne within the same
The funeral billo'f $1295.00,Dr.Cunningham,
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heard,any c;reditor'or 'other person interested in this estate who,
that wants to be heard in the estate ~f Nelle,Ludwig,deceased at
Numb~r'992 of 1968.Is there anyone in Court who desires to be
Now let's inquire whether there is 'anyone pres nt
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$PO.OO,Father M~her for his funeral services,$20.00.
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wishes to be heard?
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.J0(g MR.SISMONDO:
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The Court will execute the proper decree.
I advanced $7.50 to file the Petition of record.
There was a $1.00 .Notary Fee that should be charged to the estate
and we spEmt 96¢for ,certified maiL And 1 showed my fee as
$100.00.And that would make that $109.46,if'the Court is satisfied
with my fee.In so far as the 0 rder is con:::erned,'I am willing to
set up,prepare---I didn't know how the Court would want to do it
becau8 e'the Court is going to have to make'an order authorizing
and direct~ng the bank to pay this money out of the bank,be.caus e
nobody has money except the bank,and the bank will not give it to
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..anybody except under order of Court.
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THE COURT:Well,that would be included in our final order.•
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Now will you draw an order stating that the COl,lrt finds that the,
various expm s es have been properly paid,and that the balance,,
for distribution amo~ntingtowhatever the amount is,be paid to the
persons entitled there,their names,and'that the bank is hereby
authorized to permit the withdrawal of this fund and pay it to the
t .~.
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.Petiho'ner here,:;;jhothen"'iill make distribution?You would see
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..~'THE cduWr:.,.;...,-He has to send this other nephew in CalIfornia,
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:;wherever it is,would get half.
him and then the bank is permitted to give this,to withdraw,let the
to---in this order,so much goes to this Petitioner and so PJ,uch to
THE COURT:
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That is correct.
So the Court ~ill simply state that so much goe~
fund be withdrawn,paid to this Pe titioner,and he makes di,stributi<n.
MR.SISMONDO:
THE COUR'T:
All right.
We are not going to require a bond or anything
You can see ,that it be done.
MR.SI$MONDO:I will see tha,t the money is properly paid,
,.
because I represent the bank,you know.·I'm'a Director of the barn .
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I will try.,to wor~out something,Your Honor.
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I'her,eby certify that the proceedings and evidence ar:e con-
tainedfully and accurately in the notes taken by me on the hearing of the
above cause,and that this copy is a correct -transcript of the same.
OfficialU
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The foregoing ,record of tre pro'ceedings upon the hearing
of the above cause is herebyapprovea ~nd directed to be file'd.
~~,~y'~t.h~Court,'
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