HomeMy WebLinkAboutOC1968-1381 - ESTATE OF CULLEYSTATE OF PENNSYLVANIA,
WASHINGTON COUNTY,.~55:
The within named Accountant being duly sworn according to low,depose and soy that the above,account
as stated is true and correct os..t:'h.~.Y.verily believe.
~Sworn and'subscribed before me this ~.!..
~:tl'day of /,j\i::;"-:~9 .
fit......._--..-___--_--_.___--._._--.-.
ROWENE EBELING NOTARY Unlit
MY COMMISSION EXPIRES FElt 8,Hle9
WASHINGTON,WASHINGTON.COUNTY
Wa'shington County,ss:'I do certify that I have given leg'al notice to all persons'
concerned of the filing of the within account in the manner
prescribed by Statute and Rule of Court,as evidenced by p~oofs
thereof filed to No .
Witness my hand and official 'seal this _..,_ .
day of _19 __.._..
\,-.':j,~
.~f~<--;~'.~p,:~..:'
Register of Wills
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.SECOND and FINAL ACCOUNT-of
WAYNE M.CULLEY,JOHN L.CULLEY'and LUCILLE WELCH
Trustees of the W.B.CULLEY ESTATE.
The Trustees are charged as follows:
--- -_.---- - - ---.--- ---_.'-- - - - - - - - -
As per Adjudication-and Decree
dated July 1963 upon ·confirma-
tion of first and partial
account being reaward of real
estate at original value
:Cash:remaining in ·.account ~
after distribution
Income 1963-1968 including
gain on conversionof:real'estate
Total Assets - - --_.-
Total Credits claimed-·--.--
....>
7,4QO.00
3,288.74
8,100.86
$18,789.6p.
5,540.27
Balance for Distribution - - - - ---- - - - -.-- -$13,249.33
...,.
The Accountants are charged with.the following:
INCOME
1963
Rents Received 3/1/63 -
12/31/63
Interest on coupon
bonds.1963
1964
Rents Received
1965
Rents Received
Gas refund
1966
Rents Received
Sale of sink
1967
Rents Received
1968
Rents Received 1/1/68 -
6/29/68
Refund on Insurance
premium
Patterson Rent
Currency from Lock Box
873.00
75.00
848.00
908.70
9.30
1,274.00
35.00
1,511'.00
593.25
33.61
25.00
15.00
.948.00
848.00
918.00
1,309.00
1,511.00
666.86 6,200.86
Gain on conversion6f real property ~t pciblic sale
Railroad Street Property
Inventory Price
Sale Price
136 Center Avenue
Inventory Price
Sale Price
5,300.00
5,200.00
2,100.00
4,100.00
100.00 Loss
2,000.00 Gain 1,900.00
TOTAL - - --8,100.86
1963
The Accountants claim credit for the following:
------- - - -- -- --- --- --- - ------ - - - --
2/25
5/9
5/20
5/20
6/25
6/28
7/13
7/23
7/26
7/26
7/30
7/30
8/16
8/16
8/20
9/18
9/18
9/18
10/18
10/18
11/4
10/19
11/19
12/21
12/19
1964
1/7
1/23
1/23
2/7
2/7
2/21
2/21
3/19
3/19
3/23
3/25
4/23
4/23
4/24
5/9
5/22
6/11'
6/16
Andrew Ralston
McFarland Insurance
Peoples Natural Gas Co.
West Penn Power Co.
West Penn Power Co.
Peoples Natural Gas Co.
John Boni,Jr.
West Penn Power Co.
Ed Stuart,Co.Treas.
Mrs.Vajentic
Peoples Natural Gas Co.
Mrs.Patterson
Peoples Natural Gas Co.
West Penn Power Co.
Mrs.J.W.Welch
Peoples Natural Gas Co.
West Penn Power Co.
Mrs.Vajentic
Peoples Natural.Gas Co.
West Penn Power Co.
McFarland Insurance
Peoples Natural Gas Co.
West Penn Power Co.
Peoples Natural Gas Co.
West Penn Power Co.
Harry Hill
West Penn Power Co.
Peoples Na~ural Gas Co.
Mrs.·J.Wilbert Welch
,Andrew Ralston
'West Penn Power Co.
Peoples Natural Gas Co.
McFarland Insurance
West Penn Power Co.
Peoples Natural Gas Co.
Income Tax for'1963 I.R.S.
Peoples Natural Gas Co.
West Penn Power Co.
Mellon Bank
McFarland Ins.Agency
Peoples Natural Gas Co.
George Spatharos
Russell Marino,
Plumbing
Landlord's Ins.for 1 yr.
1/2 Patterson bill
To run pump
To run pump
1/2 Patterson bill
Cutting grass at 136 Center
Avenue -unoccupied
To run-pump
County taxes plus 6¢post.
Boro.taxes in full
1/2 Patterson bill
Share of gas refund plus 4¢
she paid for postage
1/2 Patterson bill
To run pump
Reimbursement -12 small
envelopes,5 large envelopes
1/2 Patterson bill
School taxes
1/2 Patterson bill
To.run pump
Railr€lad Street
1/2 Patterson bill
To run'pump
1/2 Patterson bill
To run pump
Fixing roof,Patterson apt.
To "run pump
1/2 Estimated bill
Postal supplies -reimburse.
Winterizing empty apt.above
Wayne M.Culley's store room
To run pump
1/2 Patterson bill
IBS.policies,R.R.st.
To run pump
1/2 Patterson bill
1/2 Patterson bill
To run pump
Lock Box and tax on it
Landlord's Insurance
1/2 Patterson bill
Cutting grass &cleaning
premises on Railroad st.
Co.taxes plus 5¢postage
31.20
49.20
13.41
2.67
1.67
7.33
2.00
1.05
66.17
139.17
4.03
2.24
3.11
1 ..05
1.02.
3.64
1.05
272.76
8.38
1.97
18.48
7.40
2.83
.1,$....9.3.
4.44
665.20
5.00
4.81
26.18
3.00
4.00
4.24
23.72
32.74
4.62
20.77
115.04
21.10
2.98
6.60
52.25
7.57
17.50
66.16
p...
1964 Cont'ued
7/1
7/1
7/1
7/20
7/20
7/28
8/18
8/18
8/18
8/26
9/16
9/16
10/21
10/22
11/9
11/21
12/19
Pappas Lumber Co.
Peoples Natural Gas Co.
Harry Hill
west Penn Power Co.
Mrs.Vajentic
Mrs.Patterson
Mrs.Patterson
West Penn Power Co.
Mrs.Vajentic
George Spatharos
Peoples Natural Gas Co.
West Penn Power Co.
West Penn Power
Peoples Natural Gas Co.
McFarland Ins.Agency
Peoples Natural Gas Co.
Peoples Natural Gas Co.
Roofing material -136
Genter Avenue
1/2 Patterson bill
Repair spouting on house,
roof on garage and grass
cutting -136 Center Ave.
Boro.taxes in full
1/2 gas bill
'1/2 gas bill
(Estimated)
School taxes in full
Cutting grass,',R.R.St.
1/2 Patterson bill
To run pump
(Estimated)
1/2 Patterson bill
Tailor Shop Bldg.
1/2 Patterson bill
l/~Patterson bill-
9.37
9.45
40.00
5.83
139.17
3.97
2.80
2.98
272.76
6.00
3.81
3.28
7.77
6.64
26.00
10.33
18.53
986.97
1965
1/21 West Penn Power Co.
1/25 Peoples Natural Gas Co.
2/22 Peoples Natural Gas Co.
2/23 West Penn Power Co.
2/23 Pappas Lumber
3/21 McFarland Insurance Co.
3/22 West Penn Power Co.
3/26 Peoples Natural Gas Co.
4/1 Harry Hill
39.44
15.00
52.00
8.11
3.@8
35.00
1.67 .
money.
7.67
3.11
22.76
6.60
6.25
1.88
20.42
24.18
3.11
Reimbursement -postal~supplies,
6 large and I small envelope
and 2 calls for Est.'lto At~,
;t6rney:;'~o
Torch for opening frozen pipes·
under Wayne Culley's store.
Also tailor shop cellar
To run·pump
1/2 gas bill for Patterson
1/2 ga%.bill for Patterson
(Estimated bill)
Glass &glazing compound
to fix window at 136 Center
Ins.polices R.R.st.
To run pump
Who~e bill (Mrs.Patterson to
repay 1/2),Repaid and
banked on $19.72 on April 4.
Labor of fixing roof on tailor
shop bldg.&reimbursement ~o
J.W.Welch for $1.67 he paid
at Pappas Lumber from his own
Estimated.To run pump
1/2·Patterson bill
Lock Box rent plus tax
Trimming out dead hedge,
fixing fence,cutting barberry,
cutting grass,use of truck
&hauling stuff away
Landlord's,1 year
Paid under protest
Mrs.Welch
West Penn Power Co.
Peoples Natural Gas Co.
Mellon Bank
Harry Hill and helper
McFarland Ins.Agency
West Penn Power Co.
J &L Lumber
4/23
4/27
4/29
5/12
5/13
5/26
1/18
1/15
1965 Cont nued
27.30
2.01
10.43
'33.00
250.50
3.35
1.03
6.80
4.27
75.59
139.17
4.72
6/21
6/21
7/19
7/21
7/21
7/26
8/13
9/13
9/22
10/20
10/22
11/22
11/22
11/22
11/22
12/17
12/17
}
West Penn Power Co.
Peoples Natural Gas Co.
Peoples Natural Gas Co.
Russell Marino
Mrs.vajentic
west Penn Power Co.
McFarland Ins.Agency
Mrs.Vajentic
Peoples Natural Gas Co.
Blehi Bros.
peoples Natural Gas Co.
Peoples Natural Gas Co.
J.W.Welch
McFarland Ins.Co.
West Penn Power Co.
West Penn Power Co./
Peoples Natural Gas Co.
To run pump
1/2 Patterson bill
1/2 Patterson bill
County taxes ,&5¢postage
Borough taxes in full
Estimated
136 Center Ave.8/10/65 -
8/10/68
School taxes (45 mills)
1/2 Patterson bill
pilot Burner,Thermocouple,
pilotstat,Switch,Flue pipe
and labor tailor~~shop bldg.
1/2 Patterson bill
1/2 Patterson bill
To repay him for cash he ~aid
Don Malone for fixing roof on
tailor shop bldg.$2.25 an hour.
Work done October 25,1965 2.25
policy 506774 R.R.St.26.00 I
Estimated bill 3.63
To run pump 4.53
1/2 Patterson bill 19.03
865.89
1966
2.97
15.00
75.54
33.25
1.81
18.74
23.17
4.53
15.00
6.00
3.17
18.65
54.00
4.62
11.79
Reducing valve,plugs and
wages to reduce gas bills
in Patterson's apt.
To run pump
1/2 Patterson bill
1/2 Patterson bill
To run pump
1 roll insulation,1/2 lb.
nails to protect pipes at
136 Center Ave.from freezing
40 gal.water heater,trap,
ballcock,supply valve,copper
pipe,reducers,all materials
to fix gas lines &labor to get
house at 136 Center Ave.ready
for occupancy.222.73
2 pol~cies -R.R.St.35.00
To run'pump 3.17
1/2 Patterson bill 18;90
Helping J.W.Welch install
sink in kitchen at 136 Center
Avenue
L~ck Box rent -no tax
To run pump
1/2 Patterson gas bill
Landlord's -liability
Estimated bill
1/2 Patterson bill
Reimbursement for grass
cutting -R.R.st.
County taxes
West Penn Power Co."
Peoples Natural Gas Co.
Peoples Natural Gas Co.
West Penn Power Co.
Pappas Lumber
Andrew Ralston
Andrew'Ralston
McFarland Ins.Agency
West Penn Power Co.
Peoples Natural Gas Co.
D.L.Hook
Russell Marino
Mellon Bank
West Penn Power Co.
Peoples Natural Gas Co.
McFarland Ins.Agency
West Penn Power Co.
Peoples Natural Gas Co.
Wayne Culley
1/24
1/24
2/22
2/22
3/7
3/15
1/17
3/21
3/21
3/21
3/23
7/25
4/6
4/20
'4/21
5/9
5/17
5/24
6/6
....~..
"1966 Cont nued
27.40
139.17
10.76
4.53
7/25
6/21
6/21
8/22
9/1
9/10
10/18
10/18
11/14
11/18
11/21
12/21
1967
Mrs.Vajentic
Peoples Natural Gas Co.
West Penn Power Co.
D.L.Hook
Pappas Lumber Co.
Mrs.Vajentic
West Penn Power Co.
Peoples Natural Gas Co.
McFarland Ins.Agency
West Penn Power Co.
Peoples Natural Gas Co.
Peoples Natural Gas Co.
Borough taxes in full
1/2 Patterson bill
To run "pump
Roof &Spouting repair -136
Center Avenue
It"ems used for installing s~nk,
fixing roof,gutters &spouting
136 Center A¥~nue 11.63
School taxes in full 250.50
To run pump'2.27
1/2 Patterson bill 7.05
Bldg.insurance 26.00
To run pump 3.73
1/2 Patterson bill 10.23
1/2 Patterson bill 20.19
1,081.50
1/10
1/10
1/10
1/21
1/21
2/21
2/21
3/20
3/20
3/20
3/20
3/21
4/20
4/20
4/20
4/20
5/6
5/20
5/22
6/22
6/22
7/19
7/19
7/19
Kenneth G.Dennis
Pappas Lumber Co.
Mrs.J.W.Welch
Peoples Natural Gas Co.
West Penn Power Co.
West Penn Power Co.
Peoples Natural Gas Co.
West Penn Power Co.
Andrew Ralston
Mellon Bank
McFarland Ins.Agency
Peoples Natural Gas Co.
Peoples Natural Gas Co.
West Penn Power Co.
Frank Chastulik &J.W.Welch
Pappas Lumber
McFarland Ins.Agency
West Penn Power Co.
Peoples Natural Gas Co.
Peoples Natural Gas Co.
West Penn Power Co.
Russell Marino
West Penn Power Co.
Wayne M.CUlley
Window repair,136 Center Ave.
2 wood window fram~s regIa zed
for 136 Center Avenue
Reimbursement -amount
paid J.L.Culley for glass
and"putty at Pappas Lumber
for repairing garage window
R.R.st.plus postal supplies
for Estate't'
1/2 Patterson bill
To run pump
To run pump
1/2 Patterson bill
To run pump R';C.
Labor on heating system
boiler,circulator and
draining,compression tank-
tailor shop bldg.R.R.St.
Lock box rental
2 pOlicies R.R.St.
1/2 Patterson bill
1/2 Patterson bill
To run pump
Labor -ditch digging,etc.,
connecting 136 Center Ave.
property into Sanitary Sewer
Plastic pipe and bends for
"connection into sanitary sewer
Landlord's Insurance
To run pump
1/2 Patterson bill
1/2 Patterson bill
To run pump
County taxes
To run pump
Reimbursement for grass
cutting by George Spatharos
7.50
5.82
5.15
19.77
5.85
4.49
16.76
4.49
9.00
6.00
35.00
25.09
10.68
7.61
49.50
22.27
61.00
5.80
10.06
9.65
4.98
75.54
3.53
10.00
-.....,..
1967 Cont nued
..
.;,
l39~17
!8l
5.31
5.17
4.00
26.00
4.80
10.31
7/22
8/18
10/19
10/19
10/19
11/3
11/20
11/21
12/13
12/14
12/16
12/22
12/22
12/22
Mrs.Vajentic
west Penn Power Co.
Peoples Natural Gas Co.
West Penn Power Co.
George Spatharos
McFarland Ins.Agency
west Penn Power Co.
Peoples Natural Gas Co.
Bloom,Bloom,Rosenberg &
Bloom
Bloom,Bloom1 ,Rosenberg & B
Lyle A.smith
Peoples Natural Gas Co.
West Penn Power Co.
Harry Hill
Borough taxes
To run pump
1/2 Patterson bill
To run pump
Cutting grass for Wayne Culley
Ins.for R.R.St.property
To run pump
1/2 Patterson bill
For Recorder of Deeds fee &
fee paid to Register of Wills
for filing petition
Money advanced to record Order
of Court in correcting the
description of real estate
Repair to furnace and price
of control for furnace at
136 Center Avenue
1/2 Patterson bill
To run pump
Repair of roof at 136 Center
Ave.,3 hrs.at $2 an hour
including materials
10.50
7.50
16.00
19.77
7.34
6.00
1968
678.22
1/2 county taxes for 136 Center
Ave.purchased by Eugene Raggi 12.9
1/2 Borough taxes for 136 Center
~ve.purchased by Eugene Raggi 20.89
1/2 school taxes for 1968 for
136 Center Ave.purchased by
Eugene Raggi 37.60
FC?r Patterson &Harris pro
rata rental -June-&July,
196849;60
1/19
1/19
1/19
2/5
2/19
2/19
2/19
3/16
3/16
3/18
3/19
·3/29
4/8
4/29
5/1
6/6
6/12
7/5
7/5
7/5
9/9
West Penn Power Co.
Peoples Natural Gas Co.
J.Wilbert Welch
Andrew Ralston
Peoples Natural Gas Co.
West Penn Power Co.
Mrs.J.W.Welch (Lucille)
Internal Revenue Service
west Penn Power Co.
McFarland Ins.Agency
Peoples Natural Gas Co.
Mellon National Bank
Mrs.Rose Vajentic
west Penn Power Co.
Peoples Natural Gas Co.
Peoples Natural Gas Co.
Peoples Natural Gas Co.
Malcolm L.Morgan
Mrs.Rose Vajentic
Mrs.Rose Vajentic
Wayne Culley
"
To run pump
1/2 Patterson bill
Reimbursement for $10 'cash
he had to pay West Penn
Water Co.for installation of
new water meter to replace one
cracked by freezing in Culley
Sports Store
Ell,nipples and wages'in
connection with frozen meter
below Culley Sports Store
1/2 gas bill for Patterson
To run pump
Postal supplies
I ncome taxi..
Fire policies,R.R.St.
1/2 bill for Patterson
Lock Box rent
School taxes for 1967
To run pump
In full.Explanation in
check book oposite check #133
1/2 Patterson bill (April)
7.89
20.47'
10.00
15.93
16.82
6.77
2.00
29.09
6..67
35.00
26.26
6.00
268.39
6.67
21.83
8.95
7.95
.----------rr----------------
I 4 •••,A ..-'..
...__,::._--,~.
1968 cmit'ued
Expense of sa1e-~f-rea1 estate:
Cost of transfer stamps
Auctioneer,D.L.Williams
Advertising
Washington County Reports
Burgettstown Enterprise
Washington-Observer
Russell Marino,Court cost
Taxes'pro rata,R.R.st.
Expense recap:
.'_.1._,,'.
104.00
279.00
49.60
47.90
10.45
.__.....-.15.....0.0
138.80
1,262.49
1963
1964
1965
1966
1967
1968
665.20
986.97
865.89
1,081.50
67~.22
1,262.49
5,540.27
--------------------,-------,--------------------------
3Jn tQt ~rpQan!l'Qtnurt nf Ihl!lQingtonQtnunty
J
In the matter of the Audit of Account in
EstateciX.under the will of
W.•B.Culley
TO THE'AUDITING JUDGE:
Trust,
No.,_----:!=.1-l.3.81 of 68 .19__•A.A.
Enter I my
I
distributee.
Wayne M.Culley,minorit.y trustee andappearancefor__~!..--__..:.-~~---'-.::.-___'___
lOth day of__--=-D:...:e:..:c::..e:;:.:m=b..::e.=.r "19~
N.B.-Counsel shall,by separate paper,present a cOncise statement of each
claim,with supporting calculation of any interest claimed.Objections
to an account as filed,shall be concisely stated in a separate paper.
Council suggesting proper distribution sh~ll file a separate concise state-
ment in that regard.
,;
i
No.1381,of ,19~.~~.
Trust
In re Audit of Account irlEsta.te EX
under the will of W.B.Culley
AUDIT
'rnrtipr fur 1\PPtnraurr
FOR
Wayne M.Culley,
Minority Trustee and Dis-
tributee.
Thomas L~Anderson,
Attorney
·-1
~2
,....------------,------------------------------------------------
,1
In the matter of the Audit of Account in
I
Estat,e of W.B.CULLEY,Trust
TO THE AUDITING JUDGE:
No.1381 --'--"---,19J..L,A. A.
our Lucille ,Welch 'and John L.Culley"Enter appearance for --,----=--"-_
Trustees
/0 day Of__D=--e-=c~e--mb.....:.::..e~r----_,19_6_8_
N.B.-Counsel shall,by separate paper:present a concise statement of each
claim,with supporting calculation of any interest claimed.Objections
to an account as filed,shall be concisely stated in a separate paper.
Council suggesting proper distribution shall file a separate concise state-
ment in that regard.
No.1381 _________,19 ,A.A.
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In re Audit of Account in Estate of
w.B.CULLEY,Trust
AUDIT
Jrarripr for Apprarunrr
FOR
Lucille Welch and John L.---
culley~Trustees
Attorney
~~2
------,~--...~----'..-,-~-_.-
Form for Guardian or Trustee
J
'rlitinn g,ur !\Ullit
1Jn w~r (@rp1,un.69 mourt of lIa.64tu9tou aIount!}
Estate of.:;~.~~.~;..~~~~~.Y..!'!:E;~.~~..
For .
rninor-incornpetent-life tenant ,
Filed at No J}?.!of 196 .
Fiduciarr..··Y.r.~X.~~~.~£.~.!.!.~y..~.;g,9.!?:!.!~.~..
........£E..!!.~¥~E:?~.~.~.~.!.!.~....~~.!~.~.!......~E.~.~~.~.~s
Place of record
of appointment ~..
Dateoft~st,.December 7 1950orguardlanshipt .
If there have.been former accounts
filed in this estate,list:Estate account filed at No.65 of 1952 A.A.in the
'estate of W.B.Culley.A first and partial account ,filed in the
trust at No.112 of 1963 D.C.
Reason for filing this account.......R.~9.1 ....§.!?t.9.t..~..J:t~!?.....9..~.~.9.....~.9.P.:Y..~E.~.~,~....~!.}.9.....t..E~.~.t....J.?....P.9.~..:E.~.?.:9Y
to terminate.'
All persons having any interest,vested or contingent (including claimants),in the fund now before the Court,
with the ~atlire of their interests are:
Lucille We~ch -1/7 interest
Wayne M.Culley -1/7 interes~
John L.Culley -1/7 interest'
Wilmon W.Culley -1/7 interest
Elizabeth Erber -1/7 interest
Charles'Culley,Jr.-1/7 interest
Robert H.Culley heirs -1/7 interest
All of said parties have received notice as required by the Court Rules except as follows:
The fund now before the Court is subject to the foilowing taxes:
,Income tax for 1968 which will reflect gain on sale of real
estate.
Set forth any legal problems requiring adjudication by the Court or difficulties that must be met in distribution:
None
Balance for distribution per account,Principal $13,249.33............................................................
Additional debits not shown in account:
(Indicate whether income.or'.principal)
,
Additional credits not shown in account:
(Indicate whether income or principal)
.Balanq~.for distribution
Income
Total additional debits
Total additional credits
Principal $.
Incpme $.
$.
$:.
$.
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Total'$J}.I...?A.2.~}}: .
If the balance for distribution is not in cash,list items held in kind wi~h carrying value designated,and if this is
a distribution account,file elections to take in kind for all items so listed:I \
The $13,249.33 is in cash and is to be distributed as such.
There are certain small items of personal property in the sa'fety
tleposit box which must be converted or distributed .in kind •
\.,
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...1,~..",.i ;t •.~".:l'~.,r '(.,..,.
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Set forth accountants suggestion as to manner and form of distribution to be made,awards to be ,stated in pro-
portions unless specific amounts or items'are designated by ,instrument under which estate is being distributed:,
,Lucii1ewe1ch -1/7 interest
Wayne M.Culley -1/7 interest
John L.Culley -1/7 interest
Robert H.,Culley heirs -1/7 interest
Wi1mon w.,Culley -1/7 interest
E1i:zabeth Bromley,Erber -'1/7 interest
Charles Culley,Jr.-1/7 interest
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......§~9E.~to and subscribed before me'
This.,,_<:-...~.._.d~·!'.5T:···l.96.~.
Signature of ·OOicer ?6:!:d:.~.
Title of-Offictr N9..t.~£y p~.e.~.~.~.
••ROWENE EBElING NOTARY PUBLIC
OffIce expIres ;frl't.'CDrviiviiSSlliW..tXPiHIS..H:K iC1969 ..
WASHINGTON,WASHINGTON COUNTY
COUNTY OF WASHINGTON,~
'SS~,~~CQM-l\1PNW~ALTij OFPENNS¥LVANIA,.--,~__c~.C'__,~~_-~.-;-~._.'.;0;.->~--"~~---.~.'-~.:'~'~.'
The above named Fiduciary or representative thereof,And your petitioner will ever pray,etc.
being duly ?.1(o!.Q£D-.doth depose and say that the
facts set forth in the foregoing petition are true to the
best of..th.e..i..~knowledge and belief..
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IN THE ,
ORPI-IANS'COURT
OF WASHINGTON CPU~TY.
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FORM USED FOR GUARDIAN-=-lNCOMPETENTS
-OR TRUS~S'
No J,...3..S-..l of 1~6 :..
~STATE O'F W.~~.~£y±!~.~.¥..I ~.~.~.§.t ..
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FOR :.:.:..
minor-incompetent-life tenant
Counsel for the accountant shall submit herewith the
following,if pertinent:
1.Will or trust instrument-attested.
2.Inventory.
;3.Signed elections of items to be taken in kind-
if distribution account.
4.Stipulation or certificate by minor approving
account.
5.Praecipe for those represented.
6.Brief-for any question of law raised.
..·..........·....·..·........·....·..........·........·....·........C~~~~i..·f~;..·;~~~~t~t:......
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ESTATE OF
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. .Trust
No.J.9..~.L Of 19..?~,.~
Final -In the matter of the .
Account of:.W0y.P:§..M!:..g.~n~y.l ..;r.9.hn.~.L~..
.C.ull~Y-.a..ud..Lucille.W.e.lch,..Tr.ustees....
ADJUDICATION AND DECREE
And now .f..~~~.~~~y _Z ,19.?~__.,this matter came on for hearing,
audit and distribution at this session and testimony taken;and thereupon,upon due consideration
thereof the balance for distribution in the hands of the Accountant is determined to be
$__13,}.2.4ft.33__and the account is a c cordingIy confi rmed;and it is ordered,
adjudged and decreed that the said balance be paid out by the Accountant in a~cordance wi1th .the
schedule!of distribution hereto attached and made a part hereof,unless exceptions hereto be flied
sec.reg:or an appeal be taken herefrom sec.leg.
SCHEDULE OF DISTRIBUTION
Wayne M.Culley,John L.·Culley and Lucille Welch,
Trustees,reaward for Federal Tax contingencies..Afte
the tax:is fully settled and the accountants I liability
ceases,any balance of this reaward to fo llow the decree
of distribution herein made as it relates to the distributi(n
of the residue and the proportionate shares therein and
no further formal accounting of the said residue to the
Court shall be necessary,.1203..20
Ba'iance per a-C'count..':.·~.
Ba Iance __.
Deduct Clerk's Costs &Receipts .
Attorney ~.~?S?~J...~~5?<?~.1..g.?~§.9.1?~~.g.IJ!,..;J?JQQ.~.
Debit --Result of Family auction held December'30,
.1968,conversion of certain personalty,:$501.00
-Account accrual 2.20
Elizabeth Hannah Reynolds Culley,.(Jay W..Troutman,
Esq.),return of filing fee per agreement,
"'Lucille Welch,1/7 residue,
32.00
503.20
5.00
1787·.48
$12,517.33
$12,512..33
Wayne M.CUlley,1/7 residue,.1787-.48
John L ..Culley,1/7 residue,1787.48
Wilmon W..Culley,1/7 residue,1787.48
)
Elizabeth.Erber,1/7 residue,1787.47
Charles CUlley,Jr.,1/7 residue,1787.47
Elizabeth Hannah:Reynolds Culley,(JayW.Troutman,
Esq.),1/7 residue,1787.47
No balance
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IN THE ORPHANS'COURT OF WASHINGTON COUNTY,
PENNSYLVANIA
•
IN RE:
W.B.CULLEY TRUST.
)
)
)No.1381 of 1968
)
)
)
<z~>.J>-UI~BEFORE:
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HEARING ON AUDIT
THE HONORABLE P.VINCENT MARINO,
President Judge of the said Court.
BLOOM BLOOM ROSENBERG &BLOOM ESQS.,
of Washington,Penna.,representing the Accounta ltS.
THOMAS L.ANDERSON,ESQ.,of Washington,I a.,
representing Wayne M.Culley,minority trustee &distri-
Tuesday,December 10,1968,at 10:00 o~clock butee
A.M.,EST.
Number 1381 of 1968,theW.J.B.~Culley Trust.
The Trustees are Wayne M.Culley,John L.Culley and Lucille
the past year,we are entering our appearance on behalf of Lucille
Welch,and the attorneys are Bloom,Bloom,Rosenberg ,and Bloom
Welch and John L.Culley,two of the trustees.Mr.Anderson of
If the Court please,because of developments in
Mr.Gladden?
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~MR.GLADDEN:
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the local bar has,during the past year,represented the trustee
Wayne M.Culley.I think the Court is familiar with the background
of this trust and knows that during the year 1968 the real estate
which formed the bulk of the trust after the first and partial accoun
was converted,and we are now here with a second and final account
asking for distribution of the proceeds of that sale and some other
monies that remained in the trustee acoount after the first and
partial account.
There are,I am sure,complications.The Court
has received some correspondence from Mr.Troutman.His
objection was to additional fees and unless Mr.Anderson has some
thing on that,I would not regard that as something that is objection<:ble;
since we are not asking for additional fees,the fees having been
paid at the time the firs t and partial account was made.I would
like to point out to the Court that the income tax for the year 1968
has not been paid.And the forms,of course,are not yet available
for use and the reaward should be made,I believe,to the trustees
for this purpose,since the real estate is converted and there will
be a capital gain on approximately $1900.
Since this is the year of distribution,it is my
understanding that there is no exemption for the year 1968.I
would suggest that approximately $100.00 to each of the legatees
be held back,that would be $700.00,for this purpose,and then
distributed without the necess ity of further accounting.
I mentioned to the Court,Mr.Wayne Culley has
been ill,and copies of the account which were filed with the Court
and have been supplied to Mr.Anderson,I mentioned on the Audit
Petition,after consultation with two of the trustees whom we
2
3
repres ent,that there are certain items of personal prc;>perty of ver
little value in terms of money that still exist.There are,those
that our trustees know of are in a safety deposit box in Burgettstow
There are certain items of which we believe Mr.Wayne Culley
has knowledge of their whereabouts.And some disposition should
be made of these.Frankly,I don't know what disposition can be
made;unless the heirs can get together and decide among them-
selves,I assume that these will have to be sold.They were inventolried
in the estate of W.B.Culley at a very minimal amount.And there
is probably more sentimental value to the items than there is real
value.Possibly Mr.Anderson wants to be heard.
MR.ANDERSON:If the Court please,I represent Wayne M.Culley,
a minority trustee and distributee,and have an appearance for him.
I was able to get instructions from Wayne M.Culley just over the
weekend and learned that he has no serious objection'to the account
as filed by the majority trustees.He noted one item towards the
end of the account next to the last page,where,under date of
.September 9,1968,there was a credit claimed for payment to
him of $49.60,prorata rental.That check apparently came during
his illness and by error of some kind was returned to the trustees
and he actually has not received that payment.And if he did
receive that payment,he would have no objection to the account.
MR.GLADDEN:There is no reason why ---you are correct,Mr.
Anderson,that the check was returned and there is no objection to
returningiL back to Wayne for the $49.00.
(At the direction of the Court,off-the-record discussion was not
recorded by the stenographer).
4
MR.ANDERSON:That could be made good then.That would go
out.I haven't seen the Audit Petition and I don't know whether there
is any change made there.But I see there are no changes in the
Audit Petition as drawn.So that we have no objections there.
Now Wayne Culley notes that there are some unliquidated items
of personal property.So in a sense,this is not the final account.
But I think we all agree it should be and this matter should be
cleaned up once and for all.
In the Inventory in the estate filed in 1951,
the first seven items comprehended at a Hamilton Watch,diamond
ring,double barrel shotgun,extra barrel,Winches ter rifle,
dictionary,typewriter and some office equipment,total of $327.00.
Those have no t been liquidated and Wayne Culley will pay to the
estate some $327.00 .if heJ-s ,given a bill of sale for those items.
Now there are five old coins mentioned there.I don't know whether
they are still in existence or not.He is willing to buy those if
they are available.
MR.GLADDEN:If the Court please,this apparently has been the
problem since 1952,is the failure to agree on the distribution of
some of this.The items that I.mentioned were items that were
"
in a safety deposit box.I think according to Mrs.Welch and
Mr.Culley,the double barrel shotgun and possibly the rifle,I'm
not sure,were in Wayne's possession and may be now in Wilman
Culley's possession,who is one of the residuary legatees.
5
MR.ANDERSON:If he gets a bill of sale for them he will pay the
estate $327.00 which is the inventory value.If the old coins are
available---
MR.GLADDEN:They are available.I mean they are in the safe
deposit box but apparently not available for distribution.
MR.ANDERSON:They are totalled at $400.00 and he will pay the
inventory value if we get the bill of sale on those.
THE COURT:
MR.ANDERSON:
Bring them in here in Court and we will sell them
There is an offer here of double the inventory
value,I understand.
THE BOURT:Bring them here in Court and we will get the
highest offer and the best offer.
MR.ANDERSON:I mention that because I say there are some
unliquidated items.I think we ought to close this estate.
THE COURT:I do too.
MR.ANDERSON:Wayne Culley mentioned two other items which
Oil and
might be the same,and that is the 16 shares of Howell/Gas Comp ny
and a distributive share in the assets of that company.And he had
the impression that had never been attended to and there was some
value to be recovered there for the estate.
MR.GLADDEN:If the Court please,I have also been asked that
6
...question and I am in the process of determin~J1g,that.I have corres-
pondence from Attorney James Donaldson of the Bar who advises
me that his client and a man whose name I can't recall right now,
has the higher interest in that and it is something that we are trying
to determine.Apparently,the trust does not have any proof in
it,but it is open to question because of a stock certificate that is
in existence .
THE COUR~:
MR.GLADDEN:
Whom does Attorney Troutman represent?
He represents a distributee.There was a Robert
H.Culley who was one of the brothers of the other residuary
legatees who died recently and he represented his wife.
THE COURT:Of course,you are apprised of the communication
of Mr.Troutman dated November 26,1968,a copy of which was
sent to the Court.And he raises several questions there.I
understand that Mr.Troutman is unable to appear.He has been
hospitalized and I don't think that he is yet ready to return to his
office.Now he was suggesting in that letter that the matters that
are in dispute,according to his communication,be heard at a
hearing which would be set for the suggested date that he gave was-
MR.A NDER SON:
THE COURT:
February 4,Your Honor.
I thought it was the third,February 3 or 4 of next
year.February 3,1969.And I itlQte in Mr.Anderson's reply to
him,that that date does not appear to be convenient at this time.
satisfactorily to Mr.Troutman's position of the point that he raise<.
I \
MR.ANDERSON:
MR.GLADDEN:
MR.ANDERSON:
I think what I have said this morning discloses
I do too.
I don't think really there is any ques tion there
7
for him.And as I see it,the only points here are the liquidaH.b.h '
or explanation of a few items of personal property,which seems to
me we ought to be able to wind up in a week or ten days.
MR.ANDERSON:
THE COURT:
I'd like to do that.
I note that Mr.Troutman mentions in his last
paragraph,in view of various matters here,that the trustees shoul~
be denied attorney's fees or commissions due trustees as above set
forth.
MR.ANDERSON:Well,he raises that in the alternative.If it
isn't agreed---up at the first part of his letter---if it isn't
agreed that there be no further fees,then he,as I understand his
letter,he wanted a hearing and would raise those other points.
I may have misread the letter.
MR.GLADDEN:That was my understanding.The fees in this
estate,both the attorney's fees and the trustees'fees were calculat:>d
at the time of the first and partial account on full value of the estate .
THE COURT:
MR.GLADDEN:
MR.ANDER SON:
That's what he says in his letter.
That is true.
The third paragraph of his letter he said,If
;any dispute arises concerning the settlement on the above basis Ii-------"""'ir------.,;".-......;:----------=-------------------I----
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am hereby requesitidg,"a postponement to provide me an opportunit.
to proceed with our Petition for Surcharge and file exceptions to the
account."Now the above basis was paragraph one,"Assuming no
attorney fees or trustee commissions will be claimed at Audit out
of either income or principal,on my recommendation Hannah Eliza beth
Reynolds Culley has agreed to accept the Account as filed providing
that the balance for distribution less audit cos ts only,plus a $5.00
charge paid by my client on June15,1967 for filing a Petition for a
Surcharge,will be payable to each of the seven beneficiaries includ 'ng
my client."
THE COURT:
MR.ANDERSON:
Gladden.
THE COURT:
Is that going to be followed?
That is agreeable and I understand it is with Mr.
Then the only matters that actually are at issue
is what counsel has here discussed this morning.
MR.ANDERroN:These items of personal property and we are willing
to offer,as I said,a sum of money and if the Court can get more,
well and good.
MR.GLADDEN:I would suggest that possibly the .Court's s;uggestic n
that we bring them in and dispose of them here by offer.
THE COURT:I am just trying to think of a method of concluding
this matter since everybody thinks it should be concluded and I
agree.Let's try to get it concluded.
MR.GLADDEN:I would suggest that we have a specific time to
give notice to ail the legatees.
(At the direction of the Court,off-the-record discussion was not
recorded by the stenographe r).
THE COURT:Let's make that December 30,1968 at 10:00
o'clock A.M.Not later than that.Anyone can submit the sealed
bids to the Court and that is when they will be opened at 10:00 A.M.
on December 30.
(A UDIT CONTINUED )
I hereby certify that the proceedings and evid?Dce are contained
fUlly and accurately in the notes taken by me on the hearing of the abo\'e
cause,and that this copy is a correct transcript of the same.
The foregoing record of the pr c edings upon the hearing of the
above '.ause is hereby approved and directed to be filed.
I
9
...
"
'"
IN THE ORPHANS'COURT OF WASHI NGTON COUNTY,
PENNSYLVANIA
•
IN RE:
ESTATE OF
W,B.CULLEY..Trust
)
)
)
)
)
)
No.1381 of 1968
HEARING ON CONTIN"LED AUDIT
THOMAS L.ANDERSON,ESQ.,of Washington.
Pa.,representing Wayne M.Culley,minority
trustee and distributee.
BLOOM. BLOOM,ROSENBERG &BLOOM,ESQ~.,
of Washington.Penna .•representing the Account<nts .
THE HONORABLE P.VINCENT MARINO,
President Judge of the said Court.
\
APPEARANCES:
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in controversy in the estate.We have certain bids which we have
time set by the Court for receiving bids on some articles that were
here received,and we will ask the Clerk to open these bids and
THE COURT:This was theWehavetheW.B.Culley Trust.
Monday,December 30,1968,at 10:00 o'clock
A.M.."EST:.
to read them.
~TIME:
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MR.GLADDEN:If the Court pleas e,before the bids are opened,
I'd like to point out that notice was sent to all of the heirs of the
W.B.Culley Trust,in which it was explained to them that on
2
December 10 it appeared that there remained to be distributed amor g
the legatees certain items of personal property listed with the inven orj.ed
values and they were listed on the notice.We told them the time
of sale and that you would receive sealed bids for these items at
10:00 o'clock Eastern Standard Time,December 30,1968,and that
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we would sell all the right,title and interest in the estate in these
iterr:s to the highest bidder upon receipt of the bid sum in full.
After the notice was sent out,I received a letter from Wilman W.
Culley in which he indicated a carbon copy of that letter had been
mailed to you.He advises in the letter that at one time he had pur
to me and I don't know what disposition the Court wants to make of
chased the double barrel shotgun and the Winchester Rifle for
$50.00 and he enclos ed a check to me for $50.00.This was not known
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I'll that or whether he wants to even consider it.There is,I understand,
iiia:~a sealed bid there,which I have handed up to the Court for Mr.Wil:nana:oII.~Culley.
I-a:::J8 MR.ANDERSON:Mr.Gladden has handed me this letter of Wilman
.J<
~W.Culley.Wayne M.Culley,whom I represent,says he doesn't
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know of this sale to Mr.Wilman Culley.
THE COURT:
MR.ANDERSON:
THE COURT:
Who is purported to have made the sale?
I don It know.
I see that he states in part in paragraph three
of the letter,"I made a bona fide offer to the estate through the
executors of $50.00 for this item quite a long time ago.This offer
3
was 'acceptable on the basis that payment be made later when requeE ted
or at final settlement.11 It would appear by that paragraph that he
claims to have dealt with the executor.
MR.GLADDEN:Well,the Executors,of course,of the estate wer
the same individuals who later became the trustees.
THE COURT:
MR.GLADDEN:
That is correct.
Mr.Jack Culley,who is in Court,has no knowled~e
of this transaction and I believe that the same would apply to Mrs.
Welch,and if Mr.Wayne Culley doesn't,why---
THE COURT:Of cour se,the com plication is that we have
received,as I note,at least three sealed bids for the property that
was to be disposed of at this time.And it would be questionable wh~ther
or not the persons who submitted those bids would be willing to
make the offer that is contained in the bids without this item being
included,even though the price were to be reduced by $50.00 as
sugges ted in the letter.
MR.GLADDEN:I might suggest that the Court consider adding
$50.00 which Mr.Wilman Culley has paid to his bid.
THE COURT:
MR.GLADDEN:
His bid?
There is a sealed bid there in the amount of
which I have no knowledge.
THE COURT:I note there is a bid here which appears to be fro]n
I
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W.W.Culley,Weirton,Wes t Virginia.That would be the same
one.
'".
4
MR ..GLADDEN:That is he,yes.
THE COURT:Well,we might consider doing that.At any rate,
•
we will open the bids."at this time and see what they contain.Is
there anyone else in Court at this time desiring to submit a sealed
bid in the matter of the Culley Trus t ?
for a single bid on all items.
10:00 A.M.has passed,so we will ask the Clerk to open the bids.
~z<~~THE COURT:zzId
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iot-~MR.ANDERSON:
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(NO HE SPONSE )
It appears that all bids are here.The time of
I might observe,Your Honor,that the notice call d
willing to take the articles minus the one that has been mentioned
simply by reducing the bid $50.00.
that I did.It is ques tionable whether one making the bid would be
He might not be willing to do
That's the reason that I made the remarkYes.
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II:MR.HANA:I have a bid from Wayne M.Culley on the statione'Y'yt-o:::lou of Thomas L.Anderson,Attorney At Law,dated December 27,
oJ<u~1968,for the eight items of personal property set out in the origina
o
Inventory and Appraisement and the notice sent to all parties in
interest,I offer the sum of $225.00.I have a letter from W.W.
Culley,3936 Claremont Place,Weirton,West Virginia,dated
December 24,1968,"Please refer to the copy of my letter of
December 13 to Bloom and Bloom with regard to title to the double
barrel shotgun on the December 10 list of personal pro!,>erty items
I 5
in the W.B.Culley estate.It is my conclusion that the double barl el
shotgun has been removed from the Inventory list and is therefore
not now subjeCt to lump sum bid.1 therefore hereby submit a bid 0
$450.00 for the remaining items.Respectfully,Wilman W.
Culley."And there is a check signed W.W.Culley for $450.00
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enclosed.
Another letter,"1 submit a bid of $501.00 for
the items on the December 10 list of the W.B.Culley estate.
Respectfully,J.L.Culley."No check is enclosed.Those are
the bids with the lxception of the W.W.Culley.
,.:
~THE COURT:...(/)
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What is the address of J.L.Culley,Mr.Hana?
It's not given.
He's present in Court,Your Honor.BlirgettstowI
He is one of the trustees,Your Honor.
..
ui0:~MR.GLADDEN:That's right.
0:o0..t&l
0:(At the direction of the Court,off-the-record discussion was not
I-0::J8 recorded by the stenographer).
..J<uiLLLo THE COURT:The Court awards the items of personal property
which were to,be disposed of at this time by receiving sealed bids
to J.L.Culley for the sum of $451.00.Mr.Culley's bid being
the high bid,namely $501.00,and the Court having reduced that
by $50.00 because of the fact that we are not including the one
item,the double barrel shotgun,and extra barrel which W.W.
6~====#===========~.'==========~==Culley claims to ha ve purchased from the estate for the sum of $50.00.
So tha t we will award the balance of the items to J.L.Culley for
$451.00.
,.MR.GLADDEN:If the Court please,may this be taken as against
his distributive share or will the Court require payment?
THE COURT:
record straight.
I think we should have payment on this to keep the
(Proceedings Closed).
I hereby certify that the proceedings and evidence are contained
fully and accurately in the notes taken by me on the hearing of the above
cause,and that this copy is a correct tr
The .foregoing record of the proce
above cause is hereby approved and directed to be filed.
\'~BY~t
''\
the
('
IN THE ORPHANS'COURT OF WASHINGTON COUNTY"PENNSYLVANIA
IN RE:
ESTATE OF:
W.B.CULLEY,deceased
TRUST.
)
)
)
)
)
)
)
No.1381 of 1968
AUDIT RECEIPT
I,the undersigned,do hereby acknowledge to have
received the sum of $1,787.48 that is due me,being the amount
awarded to me in the audit of the W.B.Culley Trust at No.1381
of 1968,and I do hereby release Wayne M.Culley,John L.Culley,
and Lucille Welch from all liability whatsoever on account of
the settlement of the said trust,except for the distribution
of any sum which may be left from the amount reawarded to the
trustees for the payment of 1968 income tax)~0 ~If t!It ~((JJ-f.c/k c!o 1/f,~.
~~o
WITNESS:
.IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:
ESTATE OF:
No.1381 of 1968
W.B.CULLEY,deceased
TRUST.
AUDIT RECEIPT
I,the undersigned,do hereby acknowledge to have
received the sum of $1,787.47 that is due me,being the amount
awarded to me in the audit of the W.B.Culley Trust at No.1381
of 1968,and I do .hereby release Wayne M.Culley,John L.Culley,
and Lucille Welch from all liability whatsoever on account of
the settlement of the said trust,except for the distribution
of any sum which may be left from the amount reawarded to the
trustees for the payment of 1968 income tax.
Elizabeth Erber
WITNESS:
rl~sL·
·'"
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:
ESTATE OF:
W.B.CULLEY,deceased
TRUST.
)
)
)
)No.1381 of 1968
,)
)
)
AUDIT RECEIPTi{~
I,the undersigned,do hereby acknowledge to have
received the sum of $1,787.48 that is due me,being the amount
awarded to me in the audit of theW.B.Culley Trust at No.1381
of 1968,and I do hereby release Wayne M.Culley,John L.Culley,
and Lucille Welch from ~ll liability whatsoever on account of
the settlement of the said trust,except for the distribution
of any sum which may be left from the amount reawarded to the
trustees for the payment of 1968 income tax.
WITNESS:
received the sum of $1,787.47 that is due me,being the amount
awarded to me in the audit of the W.B.Culley Trust at No ..1381
i__,~_J-
iNo.1381 of 1968
except for the distribution
income "tax.
t ~~a ~.u..>~~G"-"
~Y~~for·
Elizabeth Hannah Reynolds Culley
AUDIT RECEIPT
I,the undersigned,do hereby acknowledge to have
W.B.CULLEY,deceased
.TRUST.
ESTATE OF:
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PE~NSYLVAN~
II
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II
II
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the settlement of the said trust,
trustees for the payment of 1968
of any sum which may be left fr?m the arnOUl'l't reav,larc1ed to the
l
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~
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of 1968,and I do hereby release Wayne M.Culley,John L.Culley,I I,·
and -Lucille Welch-.from "all l"iabi-r-lty 'what'Soever-onaccoun"l-'O'f ~J -~I
I ~I ~
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IN RE:
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WITNESS:
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II'.1I:
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IN THE ORPHANS I COURT OF WASHINGTON COUNTY ~PENNSYLVANIA
IN RE:
ESTATE OF:
No.1381 of 1968
W.B.CULLEY,deceased
,.'J.,TRUST.
AUDIT RECEIPT
I,th~i undersigp,ed,do hereby acknowledge to have
.."I ,.....'.,>'.ol 1 III ,J.,j;'
received the sum of $1,787.47 that is due me,.being the amount
t I fC '-'...
awarded to me ·il1.the.'ahdit of the W.B.Culley Trust at No.1381
of 1968,and I do hereby release Wayne M.Culley,John L.Culley,
and Lucille Welch from all liability whatsoever on account of
the settlement of the said trust,except for the distribution
of any sum which may be left from the amount reawarded to the
trustees for the payment of 1968 income tax.
~Lo/L~a.
Charles Culley,J ~~
WITNESS:
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