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HomeMy WebLinkAboutOC1968-1028 - ESTATE OF SPHARSLD/dsp (6)6-10-68 .,., IN THE ORPHANS"COURT OF WASHINGTON COUNTY',PENNSYLVANIA (J I IN RE:Trust Under Will of ) ) THEODORE R.SPHAR,Deceased ) ) No./o~'i 'I /'I i,'i Term • PETTTIONOFTESTAMENTARYTRUSTEEFORLEAVE 'TO 'SELL REAL 'ESTATE 'AT A 'PRIVATE SALE TO THE HONORABLE,THE JUDGES OF THE SAID COURT: The Petition of Betty Davis,testamentary trustee, respectfully repre.sents: 1.That she was sole executrix of the estate of Theodore R.Sphar,deceased,late of Fallowfield Township,Washington County, Pennsylvania,who died te:state:on February 25,1966,a copy of his Last Will and Testament being annexed hereto as Exhibit "A",the same having been duly probated in the Office of the Register of Wills of Washington CountY,Pennsylvania,on March 2,1966,at No.'338 of 1966 A.A.and Lett'ers Testamentary having been granted the same day by said Register to your petitioner,no bond having been required of her. 2.That,under the terms of paragraph 5 of said Last Will and Testament ,all of the real estate in testator's estate was devised to your petitioner,Betty Davis,for life SUbJect to the following limitations: "...for her lifetime ,or.forslicha period of time as she shall be the wife and/or widow of Clair Davis. The said life estate is to terminate if the,said Mrs. Clair Davis ,also known as Betty Davis,should remarry during her lifetime." -1 -, And,under the terms of paragraph 6~.testatordevised the remainder to his son,TheOdore Richard Sphar,subJectto the following pro- vision: "However,.if :the life estate.in Mrs.Betty Davis is terminated hefore my·son should havereached.the age of 35~then the same shall be he.1d intrust for him until he shall reach the age of 35 years.I hereby.nominate and appoint the Mellon National Bank and Trust Company trustee in that .event." 3.That,upon the filing of a First and Final Account by your Petitioner asexecutrix.of the estate of TheodoreR . Sphar~the Orphans'Court of Washington County,Pennsylvania, entered a decree .of Distribution on January 18,1967,distributing a life es:tateindecedent 's real estate,including the':tract hereinaf:terdescribed,unto the Feti:tioner,Betty Davis ~individually, "wi:ththerem:ainderover~under the contingencies of the will to Betty Davis~Testamentary Trustee for Theodore Richard Sphar."A copy of said Decree is attached hereto as Exhihit"A-l". 4.That the only parties interested in said real estate are (1)your Petitioner,hoth as tenant for life or until she remarries and also as testamentary trustee of the contingent trust of the remainder.for Theodore Richard Sphar;(;2)the said Theodore Richard Sphar,devisee of the remainder;and (:3)possibly Mellon National BankandTrustCompany~designated in said Last Will and Testament to become trustee.for the benefit of Theodore Richard Sphar only upon the contingency that the life estate of your Fetitionerterminate before Theodore Richard Sphar has reached the age of thirty-five and subject to the acceptance and qualifi- cation of said Mellon National Bank and Trust Company.The said Theodore Richard Sphar is presently of age and all interested parties are sui juris. - 2 - ---------------------------------------------- 'r 5.Thaty.our petitioner~in her capacities as life tenant and as testameritarytrusteeof the contingent trust for Theodore Richard Sphar is desirous of seTling (with the joinder of the said Theodore Richard Sphar)all the coal of the Freeport Seams or Measures in and underlying all that certain tract Of land situate in FallowfieldTownship,County.Of Washington,Pennsylvania, bounded and described as.follows,viz.: BEGINNING at a point in the center .of a public road at a cornercornmonto the tract of land herein conveyed land of Prospero Saccaniet ux.~and land of TheodoreR.Sphar heirs;thence from said place of beginning along line of land .ofProspero Saccaniet 'ux.,North 43°29'East 657.53 feet to a point in the road;thence by same North 14°46' East 84.35 feet to a point in the road;thence by same North 40°4g'West'476feet to a point in the center ofrQad; thence in said road South'40°10'.West 11 feet to a post; thence by land formerly of Noah T.Carson North 44°35' West 22T.18 feet to a post;thence by same North 52°31' We.st 20T.31 feet to a stake in said public road;thence by land .of JosephKopnickyJr.,et ux.,North 71°38'East 297.61 feet to a post;thence by same North 17°16 'West 84 .28 feet to a post;thence by land .of Edward McCracken etux.,NOrth'52°05'East 865.44 feet to an iron pin on line of land of J.R.Winnett;thence along line of land of J.R.Winnett South 55°30'East 1430.82 ,feet to an iron pin;thence by same South'49°05 'East 328.35 feet to an iron pin;thence by land of Ross Carson South 73°22' We.st641.0Ifeetto an iron pin;.thence by same South 42° .33 'West 1518.26 feet to a post;.thence by land of Theodore R.Sphar heirs North 52°48'West 706.59 feet to a point in the center of a public road,the place Of beginning.Containing agrosssu:rfacearea .of 57.0883 acres . EXCEPTING :AND RESERVING thereout and therefrom all of said coal in and under:lying 3.7968 acres of said land as conveyed by deed,fromTheodore R.Sphar,single,to HenryC.Vetteret ux.,dated May 23,1964 and of record in the Recorder's Office of Washington County,Pennsylvania, in Deed Book Vol.1177,page 145. LEAVING a net surface area of 53.2915 acres. TOGETHER WITH the.following mining.rights,easements, licenses and privileges (SUbJect,hOwever,to the provision relating to dwelling support as hereinafter more fully set forth)~viz.: The right to mine and remove all of said coal and the free and uninterrupt~d right and.right of way into,through and undertJ:;re said land (but not upon the surface for any pu:rposewha.tsoever)at such points and in such manner as may - 3 - be convenient or necessary for the purpose of all operations in said coal and in the horizons thereof,and in the strata above or beTow the same,and in other:coal now owned or hereafter acquired by the grantee,its successors 'or assigns, including the right :toexplore ,dig,mine ,drain,ventilate, transport and carry away said coal and other materials and other coal and materials now owned or which may here.after be acquired by thegrante.e ,itssuccessorsor assigns,by any mining methods 'or.machinery now or here.after employed without being required to leave or provide ,SUbJacent or lateralsupportfortheoverlyingstrat aor surface .or any- thing therein,thereon or ther.eunder,including structures or improvements now or hereafter erected thereon;hereby waiving and releasing.all surface damages and damages of any sort howsoever caused,arisingfrom the removal of~ and all operations in,said coal and said other coal by the grantee,its successors or assigns,or arising from any and all IDysicaTconditions now present or which may hereafter develop in,aboutand!orabovesaidcoalseamsor the . horizons thereof..It.·is understood and agreed that the rights:hereinbefore mentioned are in enlargement and not in restriction of the rights.incidental to the mineral estate and ownership.of said coal. SUBJECT TO the.following provision : Anything herein to thecontrarynotwithstanding~ support protection shall be extended to all dwelling houses and structures as defined and provided for :in the Bituminous Mine Subsidence and Land Conservation Act of 1966. FOR CHAIN OF TITLE reference is made to deed from the Abraham L ..McCracken Estate to Theodore R.Sphar, unmarried,dated February 20,1957,and.ofrecord in the Recorder's Office of Washington County,Pennsyl- vania,i~Deed BO.ok Vol.9.87,page 379. 6.That your Petitioner has entered into an Agreement with Consolidation Coal Gompanyof Library,Pennsylvania,for the private sale of the aforesaid coal and coal mining rights for the sum of FIVE THOUSAND THREE HUNDRED and TWENTY-NINE and 15/100 DOLLARS ($5,329.15 )~subJect to:the approval of your Honorable Court,said Agreement being attached hereto as Exhibit"B". 7.That your Petitioner believes that FIVE THOUSAND .THREE-HUNDRED AND TWENTY...NINE and 15/100 DOLLARS ($5,329.15), which sum is based upon a valuation of ONE HUNDRED DOLLARS per acre,is 'a full and.fair price for the premises,and a better price - 4 - than can be.obtained at a public sale.Affidavitsof va1ue by . two'competent persons acquainted with real property in the vicinity of the premises in question are attached hereto as Exhihits"C"and liD". 8.That it is in the best interests of the parties to make said sale because it willenabTe the trustee herein to invest~ for the benefit 'of the interested parties ~the pro.ceedsfrom the sale of a heretqfore unproductive interest in the real property· devised under the Will of Theodore R.Sphar. 9•That,subjectt;o any other direction by this Court ~ your Petitioner and her successors will hold the proceeds of this sale intrust,without bond,investing the same in accordance with thelaws,of this Commonwealth and paying the income to herself for life,.subject to the earlier terminati:o.nof her interest upon the contingencies set forth in paragraph 5 of said Last Will and Testament,and,upon the termination of her interest,theprinci- pal will be distributed in accordance with paragraph 6 of said I Last Will and Testament. 10.That Theodore Richard Sphar,remainderman and beneficiary of said cohtingenttrust,is over twenty.-oneyears.of age and has agreed to said sale and the application.of the pro- ceedsof the sale as described in the preceding paragraph 9 hereof, as appears from his written j oinderattached hereto as Exhihit ."E"; and that the said Betty Davis,in her individual capacity as life tenant~also has added her joinder,which is attached hereto as Exhibit "Fit. 11.That your Petitioner is unable to determine 'whether or no~,as testamentary.trustee under the terms of said - 5 - Last Will and Testament ,she has been authorized or de rii.ed the power to make the sale as herein descrihed,and Petitioner is further desirous that said sale have the effect :of a judicial sale so that,with thej oinderof the said Betty Davis in her individual capacity as life tenant and the .j oinderof testator t s.son, Theodore Richard Sphar,as remainderman,'p,et itioner,in her capacity as .testamentarytrustee,will he able to .convey.unto Consolidation Coal Company in accordance with the terms of the abovementioned agreenientallof the right,title and interest of the decedent,Theodore R.Sphar,at and immediately prior to.his decease of,in and to all of the coal 'of the Freeport Seam and Measures together with mining rights,privileges and waivers all as more.fullydescrihed in paragraphS. WHEREFORE,your Petitioner requests this Honorable' Court to enter an Order .pursuantto Section 963 of the Fiduciaries Act of 1949,authorizing Petitioner herein to make the .afore- meritionedprivatesaleof the aforesaid premises. - 6 - A F F I D A V I T COMMONWEALTH OF PENNSYLVANIA,) )SS.: COUNTY OF ALLEGHENY ) BETTY DAVIS"testamentary trustee under the Wi11 ,of Theodore Richard Sphar,being duly sworn according to law, deposes and says that the,facts contained in the foregoing Petition are true and correct to.the best of her knowledge,infor- mation and beTief. ..~-_.._..__._--"--~---,-_._~'-'-'-'"-,.. .... ... Sworn to and subscribed before me this £ day of '"19£8 J0)pl!i S:IT':,;.!'".;\:1:':.""'.!:~ CHARLEROI.BOR09GH,W'S{!%T0:1 CO!!\lTY MY:.cOMMf.~SloN EXPIRES JANUARY 7,1971 .,J..':"'.' "'., AFFIDAVIT AS 'TO VALUE ,being duly sworn ss.:) ) ) COMMONWEALTH OF PENNSYLVANIA .COUNTY OF v.ft~-.........- ...'d"&l~d·~·~d'. accor lng vO aw,eposes an says: That he las been engaged.in th,e real estate business at his office at d /~t~·V-)QP~~v[Y0. for d--2--years. That heiswell.acquainted with the Freeport vein of coal and mining rights.described in the annexed Petition,and with the value of mineral rights in the particular locality. That he has inspected said premises and is of the opinion that $5,32g.15is a Sull and fairpiicefor said coal and mining rights and,under all thecircuInstances,a better price than can be obtained at public sale. SWORN to and subscribed Q.".Y7'6~·.j "b,eTore me this -~-~- day Of-i0~;'···,1968 Notary Public Exhibit "c" AFFIDAVIT AS TO VALUE ,being .dulysworn ss.:) ) )~~4-­ ~l/Cf')~ COUNTY OF COMMONWEALTH OF PENNSYLVANIA according to law,deposes and says: at his ojfice at That he has be.en engaged in the real estate business q /?~j!.(tr,,~J~) That he is well acquainted with the Freeport.vein of coal and mining rights described in the annexed Petition,and with the value of mineral rights in the particular locality. That he has inspected said premises and is Of the opinion that$~,32g.l~is a full and fair price jor said coal and mining rights.and under all thecircu:rnstances,a better price than can be obtained at :publicsale..,' Sworn to andsuhscribed , b.efore me this ..~r(. day of··~1/ 1968 JOSePH SITH,NOTARY PU3L1C CHARL[ROI BOROUGH,WASHINGTON COUNTY MY COMMISSION EXPIRES JANUARY 7,1971 Exhihit.1'D11 JOTNDEROFTHEODORERTCHARD SPHAR I,the undersigned,having a remainder interest in the real estate described in the foregoing Petition,hereby acknowledge that I have received notice of the intended presentation of the said Petition and join in the prayer thereof;AND,sUbJect to any other direction .of the Court ,I further'consent to the retention .of the proceeds of the sale,intrust~by Betty Davis in her capacity as testamentary trustee,without bond,with power to invest the same in accordance with the laws of this Commonwealth . and to pay the income to herself for life,sUbJect to the earlier termination of her interest upon the cOntingencies set .forthin paragraph 5 of the Last Will and Testament of my father,Theodore R.Sphar,and ,upon the termination of her interest;the pr::ircipal to be.distributed in accordance with paragraph 6 thereof. ~.O'J.~~~e~s~·· Exhibit II E" J'oTNDER OF BET.TYDAVIS I,the undersigned,in my capacity as life tenant of the real estate described in the.foregoing Petition,her.ebYj oin in the prayer of the foregoing Petition . ExhibitlF" WAIVER OF NOTICE Receipt is herebyack:nowTedgedof a copy .of the,fore- ,going Petition .of Betty Davis,trustee under the Last Will and Testament of Theodore R.Sphar,deceased,for leave.ofCourt to seTlreal estate at a private sale.Subject to the approval ,of the Court,Mellon National Bank and Trust Company has no obJections to the filing of said Petition or the sale described therein or any proceeding in connection therewith;formal notice of the same are hereby waived by Mellon National Bank and Trust Company,this wa~r in no way to be construed as theackl1owledgmentor acceptance of any obligation on the part ~of Mellon National Bank and Trust Company to act as trustee under the Last Will and Testament of Theodore R.Sphar,deceased,for the benefit.of Theodore Richard Sphar. MELLON NATIONAL BANK AND TRUST .COMPANY upon motion DEC R E E -!L····r~AND NOW t ··t th·······,'·-.day ;.of ' ,July'...,0 Wl ~..lS .,---------- 1968,upon consideration of the foregoing Petition and .of ' ,JOHN E'.·COSTELLO ,Esq.,attorney for-----=-=:..~~"--.;;;....;..----'---------- Petitioner,the Court being of the opinion that $5,329.15 is a better price than can be obtained at public sale .,Betty Davis, trustee under the Will of Theodore R.Sphar.,deceased,is authorized and directed (with the j oinderof herself ~individually,as life tenant,and with the joinder of Theodore Richard Sphar,remainder- man)to sell to Consolidation Coal Company ,without giving bond, all of the coal of the Freeport Seams or Measures in and underlying a certain tract situate in Fallowfield Township,Washington County., Pennsylvania ,.together with mining rights,privilegesand waivers, all as more fully set forth and described in said Petition,for the price of $5.,329.15,and,upon receipt ,of said purchase'price, to make.,execute and deliver a deed conveying unto the said Consolidation Coal Company .,its successors and assigns.,all ,of the right,title and interest of the decedent ,TheodoreR.Sphar of, in and 'to the same at or immediateTyprior to his decease, inclUding any.contingent interest which might vest intrust on account of the termination .of the l.ife tenant IS estate prior to the time the said remainderman,Theodore Richard Sphar.,reaches the age of 35. AND the said Betty Davis.,trustee as ',aforesaid,is her.ehyfurtherauthorized and directed to hold the proceeds of the sale intrust,without bond,investing the same in accordance w.ith the laws.of this Commonwealth and paying the income to hers·elf for life,subject to the earlier termination of her interest upon the contingencies set forth in paragraph 5 of the Last Will and Testament of Theodore R.Sphar,and,upon the termination of her interest,the principal shall bedistribued inaccordancew.ith paragraph 6 thereof.' By the Gourt : Q( JOHN E.COSTELLO COUNSELLOR AT LAW 418 WASHINGTON AVENUE CHARLEROI,PENNA.15022 PHONE 483-5961 July 22,1968 Mr.Guy Rodgers,Deputy Register of Wi.lls Office Court House Washington,Pennsylvania In Re:Thecdore Sphar,Deceased,Trust Dear Guy: I am enclosing herewith my check covering the balance due for the petition authorizing a sale in the abov~captioned matter.This is as per your statement ~mich was in the amount of $15.00.I had previously sent you $8.00 on account,so this che,ck i~or $7.00.Your receipt 'f-"-'(' for the $8.00 was No.687.l'Jf>7 e-'-;:tL J1J::....<:£I prJ J DI 1 ....j--Y Please forward to me the certified copy and place the matter on your records. Thank you for your attention. JEC/llw Enclosure z ~' :;( h I~~J t clI:w 9 .f 0..:5 ~, I', ~~. ~ ,j IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNA. NO./t:9 ,:l..f f~'~/~i (, IN RE:TRUST UNDER WILL OF THEODORE R.SPHAR,Dec. PETITION OF TESTAMENTARY TRUSTEE FOR LEAVE TO SELL REAL ESTATE AT A PRIVATE SA .~vP/~'F ~}'~j ~<l I~~~--.,.,."'~"-'I"~l,'~",~~,•l'..JO·HN'·e:.C~S~:LLO ~t-0 :"COUWS'ELLOR AT .L.~'w 419 ~Asi-=IINGT6,N A,VEN0~: CHARL.EROI,'1A.II '.... T::l -":':"'1 -":1'r.PHONE 493-5961'-J _1 j;','. "0/~/-t3,3 7 "" " .t.