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HomeMy WebLinkAboutOC1968-1497 - ESTATE OF FARBERIN THE ORPHANS'COURT OF WASHINGTON COUNTY, PENNSYLVANIA NO.II{~7 of 1968 " en»~3: -l Cti1TI~r ~Gl~0 >6~~ :0m IN THE ESTATE OF ELLEN DAVIN ASHBROOK FARBER, DECEASED PETITION TO FIX AMOUNT OF BOND IN THE SALE OF rAL ESTATE UNDER SECTION 541FTHEFIDUCIARIESACTOF1949 \' • \~~l~ ~"ltl ;"1I:..-;, l ') f : r'• :1 rr-.-J<.') ". .-' ,.- t' -'.-II IIII CJ .......~ \}1 SAMUEL GOL:.SFARB ATTORNEY AT LAW WASHINGTON TRUST BUILDING.'. "'\.~"" -4, /.:J..:2.. ~~..."WASHINGTON.PA. ':- IJ IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA IN THE ESTATE OF ) ) ELLEN DAVIN ASHBROOK FARBER,)NO. ) DECEASED ) (4 tj 7 of 1968 " PETITION TO FIX AMOUNT OF BOND IN THE SALE OF REAL ESTATE UNDER SECTION 541 OF THE FIDUCIARIES ACT OF 1949 TO THE HONORABLE,PATSY VINCENT MARINO,President Judge of said Court: The petition of Mary Ellen Farber Bickford,Adminis- tratrix C.T.A.under the Will of Ellen Davin Ashbrook Farber, deceased,respectfully represents: 1.That Ellen Davin Ashbrook Farber,late of the City of Toledo,Lucas County,Ohio,died testate on May 1,1968,and your petitioner is the duly appointed and acting Administratrix C.T.A.of the estate of said decedent by virtue of Letters issued to her in the Probate Court of Lucas County,Ohio.An Exempli- fication of said appointment and the probate of said Will in Lucas County,Ohio was filed of record on July 9,1968,in the office of the Register of Wills of Washington County,Pennsylvania in Will Book 106,page 115.A copy of said Will is attached hereto and made a part hereof. 2.That the only assets of said decedent in the Common- wealth of Pennsylvania are an undivided one-half interest in two parcels of real estate in the City of Washington,Washington County,Pennsylvania,one parcel being a house and lot at No.175 South Wade Avenue,and the other parcel being a house and lot on Jefferson Avenue,being the subject premises proposed to be sold at this time. 3.That your petitioner proposes to join with the owner of the other undivided one-half interest in the sale of sai parcel on Jefferson Avenue,for the sum of $9,000.00 for the entir interest in said property,to John L.Miller and Judith Ann Miller his wife,of Canton Township,Washington County,Pennsylvania,as appears by a copy of the proposed Deed attached hereto and made a part hereof. 4.That there is attached hereto Affidavit of two responsible persons familiar with real estate values,giving the fair market value of said real estate proposed to be sold. 5.That your petitioner filed a Corporate Surety Bond in the sum of $8,000.00 upon her appointment in Lucas County,Ohio aforesaid,and as set forth and referred to in the Exemplification aforesaid. 6.That there are no known creditors in the Commonwealt of Pennsylvania,and the Pennsylvania inheritance tax will be paid and cleared in the process of administration. WHEREFORE,your petitioner prays your Honorable Court to fix the amount of additional security in connection with the proposed sale aforesaid in accordance with the provisions of Section 541 of the Fiduciaries Act of 1949 and Rule 16 of your Honorable Court. STATE OF OHIO ) )SSe COUNTY OF LUCAS ) Personally appeared before me,the undersigned authority~ MARY ELLEN FARBER BICKFORD,the above named petitioner,who being duly sworn according to law,deposes and says that the facts set forth in the foregoing Petition are true and correct. J.R.HILLEBRAND,Attorney at Law NOTARY PUBLIC···State of Ohio My commission has no expiration date. Section 147.03 R.C. ....,'..8• ---.------::::-...--:-.~.':::-:....;;-;:.~:z,.,......~.;;:i..h.~~~'~.~~!~'~iiiii"ii.:~-.,1 I hereby nomt~tA.eonet1tute and appoint m7 I inventory of my estate be made or taken 1nsofar as (\:.110s Ashbrook of them,as ExecutoY's .'): and my ~:ster,Ver0r.~c~.'bu.:stJand,Frank j-'.l"arber, II Harrison,or the Survivor !; .!and Te 6 t&.D1ent,and I request tha.t no bOM or otbtH'8e curtty oe re- Ii qulred of them 1n any .1urladlctlon 1n which they may act •.I turtbe II request that no I~WI~NESS ~1iEF,£OF,I have hereunto set my band and seal ;:thls jO~lla.y 0f ··,e;.>tember,1949. ~ Signed by the .:'tdd EI.LE>'~)AV IN ASH:'·:",Cf..."A:".l:£F,M:~:u lJy her acknowledged to be her Last ~"ij 11 and 'Testament,before :)5,and 1n presence and at her requtlst,and in the presence of ea...tl o\ner this 'I ~i,JO -day I!:1 11 'II, "I Ii /, of September,1949. ,,- ,;' '/\A~~()I ('4_~~~_ ~ '1!~i~: .C~~~~:'~.". I, !.VERONICA COLLINS ASHBROOK HARRISON and BEDI J.HARRISON,her ru.usb-.nG.of V:.tI,,:0\lV$T Brjtish ColUDlbia,Canada;MARY ELLEN FAIIBBR '.BICICFOlW,Widow,u1 TO.lt:do,Ohio;MARY ELLEN FARBER BICIQPORD,I Administratrix C.T.A.Under The Will Of ELLEN DAVIN ASHBROOK FARBER I Deceased,late of Toledo,Ohio,------------------------Grantors,' hundred sixty eight (1968). J4ADE the day of D I B D BETWEEN in the year nineteen AND JOHN L.MILLER and JUDITH ANN MILLER,his wife,of Canton Township'I Washington County,Pennsylvania,------------------------Grantees. II WITNESSETH,That in consideration of Nine Thousand ($9,000.00) L I Dollars,in hand paid,the receipt whereof is hereby acknowledged,1 I the said Grantors do hereby grant and convey to said Grantees, 'ALL that certain parcel of ground situate in the Se'venth ./I!Ward of the City of Washington,Washington County 1 Pennsylvania, more particular~y oounded and described as follows:II II BEGINNING at a point in'the center of Jefferson Avenue, I.Ii at corner of property now or formerly of Bess F.Whea tiey;thenceIi 1,1 South 28°East 42 feet along the center of said Avenue to line of North 29°19'West 41.98 feet to a stake;thence along property now or formerl..u1 Ut:b::>1'.~neatley,joutn 6~'J West .1.4/.41 teetII H.~:·,,,:'f ..I.,''',.-v •~."~':.:.;;:.-~1.~.:·....'~.t.~·!.oO.--;..!i.......,'~rl1-:t•..l,,""...~,..".."._"......1.~,..~.'~4_.'....a<....,~~.......;•..._._.........'..'.,-~.'..~A .=.;.;;=--:...;.---"•....:.'--'._..=.""...:.._..,-=~~.~,=~=~==_=I-~it.·~~~...,'...~1t~~,_~·:.:1..L·~~_ BEING the remaining portion of the Second Parcel con- to the place of beginning. "'~L... The said Samuel Asbbroo Margaret C.Ashbrook,his Wife,dated October 17,1933,and re- died February ~3,1942,leaving the said Margaret C.Ashbrook as Pennsylvania,in Deed Book 593,page 337. corded in the Office of the Recorder of Deeds of Washington County, n II veyed by deed of George W.Weaver,Single,to Samuel Ashbrook and!i II I' II i I .1 .-"y,., i'7' survivor in the tenancy oy th~entirety.The said Margaret C. Ashbrook died ()(;tot'er 20,1945,.And by her Last Will and Testaaent prohated 1n the OfflCti of the RegllHe!'of Wills of Washington County,Pennsylvania in Will Book 68,pa~e 196,devised the same, in~er alia,one third to her d4ughter,Ellen Davin Ashbrook Farber one third to her daughter.Veronica Collina AshbrooK Harrison, Veronica Collins Ashbrook Harrison and Ellen Davinsisters, IiII Ashbrook Farber aforesaid.By the terms of the said Will of II Margaret C.A6hbrook,the one third interest In Trust aforesaid, II terminated by the said death of said Lucie Mary Ashbrook (Sister 1:Margaret Mary Ashbrook),and said one third interest passed to the .4 ,H1 1)",.,1 '0 ",:•••t.~.",II A.o.hbl cl')k Yarber and Veronica Coll1oa IiIi Ashbrook Harrison In Trust 'for the use of her daughter,Lucie Mary II Ashbrook (in religious life Sister Margaret Mary Ashbrook).The III'said Lucie Mary Ashbrook (Sister Margaret Mary Ashbrook)died in I religious life on April 20,1960,at Wheeling,West Virginla,in- I II testate,leaving to survive her as her only heirs at law,her '! said Veronica Colllns Ashbrook Harrison and Ellen Davin Ashbrook !i:Farber.The said Ellen Davin Ashbrook Farber died seised of an I:undivided one ha If interes t in said premises on May I,1968,tes-' I' ,tate,and by her l~~t Will and Testament probated in the Probate Court of LUC4~County,Ohio,devised the same by the residuary I I paragraph of said Will,to her daughter,Mary Ellen Farber Bickford, "I:to whom Letters of Admlnistration C.T.A.were duly issued.An, Ii.exemplified copy of said Will and Fiduciary appointment,together I with an affidavit in accordance with the provisions of the ~enns~l~. vania Fiduciary Act of 1949,as amended,were duly filed of recordl t 111 the Otfice of the Reglster of Wills of Washington County, Pennsylvania. John L.lIilIer NOTICE THE UNDERSIGNED,AS EVIDENCED BY THE SIGNATURE (S)TO THIS NOTICE AND THE ACCEPTANCE AND RECORDING OF THIS DEED,(IS,ARE)FULLY COGNIZANT OF THE FACT THAT THE UNDERSIGNED MAY NOT BE OBTAINING THE RIGHT OF PROTECTION AGAINST SUBSIDENCE,AS TO THE PROPERTY HEREIN CONVEYED,RESULTING FROM COAL MINING OPERATIONS AND THAT THE PURCHASED PROPERTY,HEREI N CONVEYED,MAYBE PROTECTED FROM DAMAGE DUE TO MINE SUBSIDENCE BY A PRIVATE CONTRACT WITH THE OWNERS OF THE ECONOMIC INTEREST IN THE COAL.THIS NOTICE IS INSERTED HEREIN TO COMPLY WITH THE BITUMINOUS MINE SUBSIDENCE( AND LAND CONSERVATION ACT OF 1966. WITNESS: Judith ADD MillerI. ,...; <."~. Grantors covenant that they will WARRANT SPECIALLY the ~ I property hereby coove,ed. / ,1968,before--------- I -,-(SEAL)"M'a-r-y--';:;E~l~l-e-n--;:;F:-a-r'b-e-r--;:;:B-;-i-cT"k~f-o-r"'d-'-';"I . .(SEAL) Administratrix C.T.A.Under the Will of Ellen Davin Ashbrook Farber, Deceased day of ) )SSe ) II'r I II, IiII iiIIdI!'i·,I.'II :1 ii STATE OF OHIO II COUNTY OF LUCASIII: Ii On this the i' NOTICB--'fHIS DOCUDNT MAY NOT (DOBS N<Yr)SELL,CONVEY I TRANSFER,IlCCLUDB OR IlfSURE THE TITLE TO 'l1m COAL AND RIGHT fJ' SUPPORT UND.RNEA'l'B THE SURFACE LAND DESCRIBBD OR REFERRED TO !(ERE IN,AND THE OINER OR OWNERS OF SUCH COAL MAY HAVB THE COMPLITI I:LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND,IN THAT CONNECTION,J DAMAGE MAY RESULT TO THE SURFACE OF THE LAlft)AM)ANY HOUSE, ,~Ulu>n~..::OR ~"Klt!31'1WC'n:d OK OR IN SUCH LAND.THE INCLUSIOR or i THIS NOTICE DO!:5 NOT ENLARGE,RESTRICT OR MOOI"An LEGAL RIGIITSiORESTATESOTHERWISECREATEDITRANSFERRED,EXCEPTED OR RESERVEDIBYTHISINSTRUMENT. I1 I'IN WITNESS WHEREOF,said Grant~rs have hereunto set their hands II and seals the day and year first above written. 'II,SEALED AND DELIVERED IN THE !!PRESENCE OF: IiI'I Administratrix C.T.A.Under The Will Of ELLEN DAVIN ASHBROOK FARB whose name is subscribed to the within instrument and acknowledge Deceased,known to me (or satisfactorily proven)to be the person , mc,a Notary Pun 1 tc.the undersigned officer,personally appeared II MARY ELLEN FARBER BICKFORD,Widow,and MARY ELLEN FARBER BICKFORD J II II I that she executed the same for the purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal. (Title of Officer) .My commission expires • i:." 55. ) ) ) ". On this the ~day of f)QV9/QJ tJkI//-'me, personally appeared VERONICA COLLINS ASHBROOK HARRISON and BEDE J. .~ ~\rii Ik~ r.,. ~,l.~'.II,.,•I'IC'-~. r'i>"I ~. I HARRISON,her husband,known to me (or satisfactorily provon)to 'I be the persons whose names are subscribed to the within instrument III Ii ~(~of Officer) \1 My commission expires JtI1t'.P,/97/ 'II,I! .. ,.~~~ ~~~~ ,. ""'"'\\ \.4'"',l.......'" STATE OF WASHINGTON l County of Whatcom ')ss. of .Jas~:;:to~:7g:tth~og~~&I~fk~~~-0ff1e10 Cbelerk of the Superior Court of the State m same ing a Court 01 record hav1ng a Clerk and seal,do hereby certify that I:>.~.~&l~.~..JHair .whose name Is subscribed to the certificate of proof············k········i····················.Instrument,was at the time of taking such proof ork 8c nlowedgment of the annexed.or ac now edgment,a Notary Pubic in and for said County,residing at..B.~.UJJ:)gbA. WashJngton,dUly commissioned and sworn and'd~iy'a·uth~~i·..·d..t....t·,Whatcom County,aame,as well as to take and certify the r f d ze 0 ake and certify thel1lBtrumentsInWTitingtoberecordedintale:an .acknowledgment of deeds and other the handwriting of said officer,and verily bel1e~~a~~tr:tsighat I am well acquainted withofprooforacknowledgmentisgenuine.e nature to the said certificate IN TESTIMONY WHEREOF,I have hereunto set my hand and affiXed the seal of..,.""un;an."""'t.at Belllng ,tbla.~y of Q<;.~~~!~_, :~.~::..~.~.~.••.;..:::"''''''~~ Deputy ."C~Unty'6i~~k'"'d'Cle~k"oi'..."'"...... Su rior Court COMMONWEALTH OF PENNSYLVANIA ) )SSe COUNTY OF WASHINGTON ) Personally appeared before me,the undersigned authority GEORGE L.LENK and FRED E.SILVEUS who,being duly sworn according to law,depose and say that they are familiar with real estate values in the City of Washington, Washington County,Pennsylvania,and that in their opinion the fair market value of the house and lot of the late Ellen Davin Ashbrook Farber,et aI,on Jefferson Avenue,Washington,Pennsyl- vania,is $9,000.00. Sworn to and subscribed before me this 4th day of November,1968. LOUISE L CARSON,NOTARY PUBliC WASHINGTON,WASHINGTON CO"PA. MY COMMISSION EXPIRES SEPT.15,1969 IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA IN THE ESTATE OF ELLEN DAVIN ASHBROOK FARBER, DECEASED ) ) )NO. ) ) of 1968 AND NOW,this o R D E R -z,..z.,-day of JJ~1968, the within Petition having been presented and upon consideration thereof,and upon motion of Samuel Goldfarb,Attorney for Petitioner,Mary Ellen Farber Bickford,Administratrix C.T.A.of the estate of Ellen Davin Ashbrook Farber,Deceased,is hereby directed to file additional security in the form of a Corporate Surety Bond in the sum of $5,000.00,before receiving the proceeds from the sale of the real estate described in the within Petition, said Bond to be approved by this Court. ." of 1968-.--. IN THE ORPHANS'COURT OF WASHINGTON COUNTY, PENNSYLVANIA NO./t/-f 1 " ~:/ IN THE ESTATE OF ELLEN DAVIN ASHBROOK FARBER, DECEASED ~'11It'I t.,to.; In BON]D Ul» >s:...c61T1 " ~r ~G) ,>0 'I"...r I~:'~0 " ,~'11»'. ::am :::'?~-·l:':l~~-':i ~~i)~<~-':2 --~'i- '.:-" :--:::'J r-u U) .....-... ~ 1»-'-' ,.,-.-~I (,! ~ I J r- AND NOW,this -z--~y of November,1968,the within Bond is approved and directed tObefi~~~ ,,' SAMUEL GOLDFARB t, ~', .~J.' i •. D ., ATTORNEY AT LAW WASHINGTON TRUST BUILDING WASHINGTON.PA../ \~ IN THE ORPHANS t COURT OF WASHINGTON COUNTY,PENNSYLVANIA IN THE ESTATE OF ELLEN DAVIN ASHBROOK FARBER, DECEASED } }NO. } of 1968 BON D KNOW ALL MEN BY THESE PRESENTS,That we,MARY ELLEN FARBER BICKFORD,ADMINISTRATRIX C.T.A.OF THE ESTATE OF ELLEN DAVIN ASHBROOK FARBER,DECEASED,as principal,and MARYLAND CASUALTY COMPANY,a Corporation organized and existing under the laws of the State of Pennsylvania,as surety,are held and firmly bound unto the Commonwealth of Pennsylvania in the sum of Five Thousand ($5,OOO.OO)Dollars,to be paid to the said Commonwealth; to which payment well and truly to be made,we bind ourselves, our heirs,executors,administrators,successors,and assigns,and every of them,jointly and severally,firmly by these presents. Sealed with our seals and dated the 2..~&day of November,1968. WHEREAS,the Orphans'Court of Washington County,Pen- nsylvania,on lYovUWl bor ')......2.,1968,at the above number, directed the above named principal to file a Corporate Surety Bond in the above mentioned sum before receiving the proceeds from the sale of the real estate described in said proceedings. NOW THE CONDITION OF THE ABOVE OBLIGATION IS SUCH that if the above bounded Mary Ellen Farber Bickford,Administratrix C.T.A.of the estate of Ellen Davin Ashbrook Farber,deceased, shall faithfully execute her trust and properly apply the proceeds of said sale according to law and Decree of said Court,then this obligation to be void,or else to be and remain in full force and virtue. the MARYLA~Y COMPANY By ~~---"~L-"?,,(SEA Attorney-in-Fact