HomeMy WebLinkAboutOC1968-1108 - ESTATE OF BEDILLION".
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Estates of:)IN THE ORPHANS'COURT OF
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Clifford James Bedillion
(aged 14)
William Joseph Bedillion
(aged 10)
Minors
)··)WASHINGTON COUNTY,PENNSYLVANIA··)
;No.II 0 f of 1968
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DECREE
!'l~."~-,1968~the within Petition having been
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AND .NOW ,.(August
~es"ee~nl;t~e~d aannad rr,ea~tbe Court hereby appoints
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~,Guardian of the Estates of Clifford<
James Bedillion and William Joseph Bedillion,minors,,"and,directs
said Guardian to file Surety Bond..~~),;'~'-"'''<'''-''......A
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prior to receiving any assets coming to said minors,to give good
and proper receipts for same,and to reimburse Attorney Adam L.
Sanders,for costs expended and a reasonable Attorney fee out of
said minor's estates,when received,as well as pay the premiums
on any Bonds given.
nm COURT
t.
WASHING~COUNTY,PENNSYLVANIA
IN mE ORPHANS t COURT OF)··)··)··)
Minors No.IJ ¢(of 1968
PETITION FOR APPOINlMENT OF GUARDIAN
Clifford James Bedillion
(aged 14)
William Joseph Bedillion
(aged 10)
Estates of:
TO THE-HONORABLE,THE JUDGE OF SAI.D COURT:
The Petition of Clifford James Bedi11ion,a minor,past 14
years of age,and William Joseph Bedi11ion,a minor,past 10,years
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of age,by his natural Guardian and Aunt,Helen Bedillion Day,
respectfully represents:
1.Clifford James Bedillion was born November 24th,1953,
in Oakhurst,New Jersey,and is now past 14 years of age.
2.William Joseph Bedillion was born April 30,1958,in
Oakhurst,New Jersey,and is now past 10 years of age.
3.That the natural parents of said mi~ors are Vera .Brady
Bedillion and Clifford W.Bedillion.Vera Brady Bedillion died
May 15,1960,and Clifford W.Bedillion died January 29,1968,a
resident of Dayton,Ohio.
4.That since March of 1963,William Joseph Bedi11ion,
has lived with his Aunt,Helen Bedi11ion Day,at Washington,Pa.,
L.R.D.4,t~nd since January 29,1968,Clifford James Bedillion has
also lived with said Aunt and her husband,James H.Day,at said ",,-
address •.
S~That.there was no estate which passed to said minors
at the death of their mother,but at the,death of the father,
Clifford W.Bedillion,on January 29,1968,in Dayton,Ohio,there
were assets to pass to said minors.
6.That said deceased parents,C1if£or~W.Bedillion and
his wife,had a third child,O1arlesPaul Bedi11ion,now 13 years
of age,who wa.s ~dopted some four years ago,by Donald Bedillion,
a brother of the deceased,Clifford W.Bedillion,and resides at
Eighty-four,Pennsylvania.
7.That in addition to his three children,Clifford W.
Be,dillion,deceased,had two brothers,Donald Bedillion,previously
mentioned,of Eighty-four,Penna.,and Sgt.Charles Bedillion,now
in military service,and one sister,Helen Bedillion Day,pre-
viously mentioned,who survived him.
8.That Clifford W.Bedi1lion died testate,~copy of Will
attached)in Dayton,Ohio,on January 29,1968,and Letters of
Administration C.T.A.were granted by the Ohio Court to Robert.,,
L.Seeley,a Dayton,Ohio,Attorney,in May,1968,as the Ohio
Court would not grant letters to 'the non-resident executors (N.J.)
named in the Will.
9.That the extent of the assets in the estate coming to
said minors is as yet not definite as .cst of it was insurance on
which double indemnity may be due,but the Ohio Administrator (see
letter attached)estimates the estate at between Twenty Thousand
($20,000.00)and Sixty Thousand ($60,000.00)dollars.It is also
not certain as yet whether the third son (adopted)shares in the
estate.Accordingly,said Administrator (in his attached letter)
suggests that the interest of each of said two minors be estimated
at Fifteen Thousand ($15,000.00)dollars,cash.
10.That said two minors have no Guardian of their estates,
have no assets or estates of their own,other than their share in
their father's estate.
11.That Helen Bedillion Day,sister of Clifford W.
Bedillion,deceased,residing with her husband,James He Day,on a
farm at R.D.4,Washington,Pa.,has two sons of her own,still
living with her,in addition to the two minors herein mentioned,
is the only Aunt of said minors on the Bedillion side of the
family,is financially responsible and of good reputation,and is
willing to serve as their Property Guardian,if appointed by your
Honorable Court.
12.That both of said minors desire that Helen Bedillion
Day be appointed as their Property Guardian as evidenced by their
joining in this Petition.
13.That Helen Bedillion Day,the suggested Guardian,has
no interest in this proceeding other than to promote the best
interests of said minors,and is not Executrix,Administratrix or
Trustee of any estate in which the said minors have an interest,
nor Surety for any such fiduciary.Her Consent to act as Propert
Guardian,if appointed,is attached hereto.
14.That said minors,individually,and through their
Aunt,Helen Bedillion Day,therefore prays your Honorable COurt
to appoint said Helen Bedillion Day,as Guardian of their e~tates,
fix the amount of Surety Bond to be filed by said Guardian before
receiving any assets for said minors,and receipting for same.
Clifford James Bedillion and William
Joseph Bedillion
STATE OF PENNSYLVANIA
COUNTY OF WASHINGTON
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Before.me,the undersigned authority,personally appeared
Helen Bedi11ion Day,Aunt and Natural Guardian and next friend of
Clifford James Bedi11ion and William Joseph Bedi11ion,minors,
who,being duly sworn according to law,did depose and state that
the facts set forth in the foregoing Petition are true and correct.
t>2~·~dJt74f-
Aunt .~n~,Natural Guardian.,".-
Sworn to and subscribed before me
this L7:?~ay of August,1968-;;deJJ~
/"/'NotarYP\lbi#
My"eom.Exp:March 26,1971
Washington,Washington County,Penna.
CONSENTS
We,Helen Bedillion Day,proposed Guardian,and James H.Day,
her husband,state we have read the foregoing Petition and join
in the prayers thereof.
,,~~,(/~'Helen Bedillion Day ~
lJA/wfl£J 1d J)M
J~es H.Day .1/.II (/
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IN THE NAME OF 'GOD,AMEN
I,CLIFFORD W.BEDILLION,residing at Oakhurst,
in the County of Monmouth and State of New Jersey,being
of full age,do hereby make.,publish and declare this to
be my last will and testament,hereby revoking any and all
former wills or,codicils by me at any time heretofore made
as follows:
FIRST:I hereby direct that all my just debts
and funeral expenses be paid as soon as may be convenient
after my decease.Said sum to be paid out of a $16,000.00
life insur'ance policy which I have,in my name.
SECOND:I give,devise and bequeath to my sister
and brother-in-law,Mr.and Mrs.James Day,R.D.4,'Waehing-
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ton,Pennsylvania,the sum of One Thousand ($1,000.00)
Dollars.for their kindness during my lifetime.
THIRD:I give;devise and bequeath to Mr.and Ml?s.
Albert Schoephlln,Wallace Avenue,Oakhurst,New Jersey,
the sum of One Thousand ($1,000.00)Dollars,for their
kindness during my lifetime.
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FOURTH:I give,devise and bequeath to Mr.and
Mrs.A;tbert Schoephlin,Wallace Avenue,Oakhurst,New Jersey,
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the sum of One Thousand ($1,000.00)Dollars,for their
kindness in rearing my children in a Christian manner.
FIFTH:I give,devise and bequeath to my brother
Donald James Bedillion,of Pennsylvania,the sum of Five
HU~dred ($500.00)Dollars for his kindness during my life-
time.
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SEVENTH:All the rest,residue and remainder of
SIXTH:I give,devise and bequeath to Mrs.Mary
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Brady,of Oakhurst,New Jer~sey,a life estate in my home
located at Waverly Street,Oakhurst,New Jersey,during the
term of her natural life.
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into as many equal parts as shall equal in number those of
(a)to divide the then principal of the trust,
hereinafter named,in trust,nevertheless for the following
uses and purposes:
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my estate,both real and personal,of every nature and
wherever situate,of which I may die seized or possessed,
I give,devise and bequeath to my Executors and Trustees
my children Who shall be liVing at the time of my death.
The children living at 'present are:Clifford J.Bedillion,
seven years of age,Charles P.Bedillion,:five years of age,
and William J.Bedillion,two years of age.
(b)my trustee shall set apa.rt and hold one such
equal part as a separate trust fund for the benefit of each
of my children who shall be living at the time of my death
and shall invest and reinvest each such trust fund and shall
collect the income therefrom and apply sO much of the net
income therefrom and any accumulated income to the support,
education B.nd maintenance of the child for whom such trust
fund shall have been set apart as my trustee shall see fit,
and shall accumUlate,invest and reinvest the balance of
said income until such child shall attain the age of twenty-
one years,at which time all accumplatione of net incqme'and
principal shall be paid to such child.
EIGHTH:Anytqing herein contained to the con-
trary notwithstanding my trustee hereinafter named,may at
any time and from time to time,pay over to any child of
mine for whom a share of my residuary estate shall be held'
in trust,so much or all of the principal of the trust for,'
the benefit of such·child,as my trustee may,in his or her
absolute discretlon,.deem advisable,which payments shall
be absolute and free from all trusts,and the judgment of'
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~ytrustee as to the amount of such payments and the ad-
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visability thereof shall be final and conclusive upon all
persons interested or who may become interested in my es-
tate or such trust,and upon making any such payments my
trustee shall be fully released and d.i scharged from all
further liability.or aocountability therefor.
NINTH:I nominate,constitute and appoint Albert
Schoepflin and Rose Mary Schoepflin,Executors and Trustees
under this my last will and testament,giving unto my
said Executors full power and authority to sell and con-
vey any and all of the real estate whereof I may die
seized.It is my wish and I do hereby dir~ct that my
said Executors be not required to give bond or other se~
curityas such Executors or Trustees in,this or any juris-
dictio~wherein proceedings may be required to be taken
in connection with this my will.
TENTH:I nominate,constitute and appoint
ROSE MARY SCHOEPFLIN,Guardian of the person and property
of each of my infant child or children,and"if she prede-
ceases me or for any reason fails.or ceases to act as such
Guardian before such child or children attain their majori-
ty,I appoint Albert Schoepflin substituted Guardian;I
direct that no bond or other security shall be required of
my Guardians in any jurisdiction for the faithful per-
formance of his or her duties as such Guardian.
IN WITNESS WHEREOF,I have hereunto set my'hand
and seal th1s$v2~'"day of November,One Thousand Nine
Hundred and Sixty.
SIGNED,SEALED,PUBLISHED and DECLARED by the said
CLIFFORD W.BEDILLION,the testator above named,9S and
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for his last will and testament,in the presence of us,
who were both present at the same time and,who.at his
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request,in his presence,and in the presence of each other,.·
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have hereunto subscribed our.names as witnesses,on the day
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BYRON MURR
1882-1956
LOWELL MURR
ROBERT L.SEELEY
HOWARD F.CLAYPOOLE
LAW OFFICES
MURR,SEELEY &CLAYPOOLE
SUITE 441 THIRD NATIONAL BUILDING
32 NORTH MAIN STREET
DAYTON,OHIO 45402
June 25,1968
TELEPHONE
224-7681
Mr.Adam Sanders
Attorney at law
Washington Trust Bldg.
South Main Street
Washington,Pennsylvania
Dear Mr.Sanders:
I have recently talked with Mr.&Mrs.James Day.who are
currently providing for the children of the late Clifford W.Bedillion.~~11~J96J
As you are perhaps aware there have been claims filed by Mr.
&Mrs.Day with various Governmental Agencies to receive benefits that
might be forthcoming to either the estate of the decedent or the dece-
dent's children.Some of the agencies require certified copies of the
appointment of Mrs.Day as Guardian of the children before they will
finally process the claim pertaining to them.I cannot determine what
the exact amount of monies might be forthcoming to the children to en-
able you to establish the Guardianship for Mrs.Day,because said
Governmental Agencies are not making the information available to me.
The Office of the Federal Employees'Group life Insurance has contatted
me for additional documents,such as hospital records,newspaper clipping,
autopsy report etc.so that they might determine whether or not they are
required to meet a double indemnity clause in their Group life Insurance
contract with the decedent.Therefore the range of benefits forthcoming
can vary anywhere from Twenty to Sixty Thousand Dollars.
In order to break this seeming impasS(I wou~d suggest that a
Guardianship be established with an estimated asset basis of Fifteen
Thousand Dollars for each of said two children.
The decedent set forth in his Will the fact that he wanted his
three children to receive his residuary estate.Under our Ohio law,as
it is now constituted,and being Ohio revised section 3107.13,it is
ques t ionab 1e as to whethe r 0 r not the ch i ld that had been adop ted will
share in the estate of the decedent.I say this is questionable because
of the fact that the Court may well determine that the adopted child is
Mr.Adam Sanders -2-June 25,1968
sufficiently identified as set forth in the above referred to code
section and therefore is entitled to share in the estate.It is
questionable,however,in our particular situation the only real
change of the childs name has been his middle name.This particular
question,in my opinion,has been resolved by an amendment to the
above referred to code section which becomes effective July 1st,1968
which only requires the identification of an adopted child by any name,
in order for him to inherit from his natural parent.
At the present time I need three (3)certified copies of the
Appointment of the Guardian over the children in question,in order to
satisfy the requests of various Governmental Agencies.As soon as you
can supply m~with the same,I would greatly appreciate it as I believe
then we will be able to conclude some of the claims that have been pre-
sented on be~alf of said children.
Your immediate attention to the matter will be appreciated.
RlS/ff
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IN THE ORPHANS'caJRT OF
WASHIN,G~COUNTY,PENNA.
No.I jt;~.of 1968.
,'.
Estates 'of:
Clifford James Bedi11ion
(aged 14)
William Joseph Bedi11ion
(aged 10)
Minors
PETITION FOR APPOINTh1ENT OF
,"GUARDIAN
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"~V+-DAM L.::.SA""NDERSN'~ATTORNEY AT LAW'
.'J WASHINGTON,PA.-\\•\
'J ,\I (\\'~) I WASHjG:;JRUS~~;G'.'