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HomeMy WebLinkAboutOC1969-0054 - ESTATE OF STIEHM.,.. I '--\ ~ 1:':. ·~ ~ c Jll "\ l'l '-.,.. II) ,\) ~l ~ ~ 0""-- ~ ........ "{) 6'-. ~ I """' ., .. I ~ No. ~// i /9&J? In Re: Estate of IRENE M. STIEHM, Deceased PETITION FOR APPOINTMENT OF SUBSTITUTE TRUSTEE I ioq ~~1 ('('"\ r;~_ v 1,,', r . / . i i 1•, l '" t' ! '" I, GEORGE ·o: FRAZIER ATTORNEY AT LAW DONORA, PENNSYLVANIA ~~~-/i!L / ·'• ·<· ... ~; ' r ' IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA In Re: Estate of IRENE M. STIEHM, No. Deceased PETITION FOR APPOINTMENT OF SUBSTITUTE TRUSTEE To the Honorable P. Vincent Marinoz Judge of said Court: The petition of Frances Stiehm Anders;t formerly Frances Stiehm1 of Donorat Pennsylvania: respectfully represents: 1. That she is the administratrix of the Estate of her late husband, Louis J. Stiehm1 who died intestate on August 81 19631 leaving to survive him as his only heirs at law1 your petitioner" and two minor children, John Stiehm and Charles Stiehm. The Mellon National Bank & Trust Company is Guardian of the estates of said minors. 2. The estate of the said Louis J. Stiehm was audited at No. 261 of 1966 A.A., and the balance for distribution as then shown by said decree has been distributed as follows: one-third to your petitioner1 and one-third thereof to each of said children. 3. The said Louis J. Stiehm was a son of Irene M. Stiehm and the executor of the estate of the saidirene M. Stiehm, who died testate on May 211 1953,. leaving her last will which is of record in Washington County, Pennsylvania. Under the will of the said Irene M. Stiehm~ she bequeathed and devised her residuary estate to her husband1 John F. Stiehm, conditioned upon him remaining a widower1 otherwise said residuary estate goes to her children, Louis J. Stiehm and Leona M. Stiehm~ who is now Leona M. Stiehm Butalla. A photostatic copy of the last will and testa- ment of the said Irene M. Stiehm is hereto attached as Exhibit A. 4. Under date of February 26:, 1954, an agreement was entered into between John F. Stiehm:~: husband of Ir:ene M. Stiehm:r and her children, wherein the said John F. Stiehm agreed not to take against the will of Irene M. Stiehm., provided he received the dividends from the stocks in his wife1s estate during his natura1life. This agreement was approved by the Court, as shown by proceedings at No. 177 of 1954 0. C., a copy of said proceedings is-attached hereto marked Exhibit B. 5. The audit decree in the estate of the said Irene M. Stiehm, at No. 141 .. D of 1954 A. A., a copy of which is attached hereto as Exhibit C, awards the residuary estate of the said Irene M. Stiehm" consisting of stocks in kind to: ''Louis J. Stiehm and Leona M. Stiehm Butalla" as Trustees for John F. Stiehm, life tenant_, with remainder over to Louis J. Stiehm, 1/2, and Leona M. Stiehm Butalla1 1/2, under the terms of the agreement. '' 6. The said John F. Stiehm, life tenant, died on November 22, 1968, and under the vested remainder in and to said stocks1 one-half thereof is now the property of your petitioner and her children, John and Charles Stiehm1 and one-half thereof is now the property of Leona M. Stiehm Butalla. 7. That Louis J. Stiehm, during his lifetime, and Leona M. Stiehm Butalla., Trustees., endorsed over and delivered to John F. Stiehm, during his lifetime, all dividend checks received by the Trustees. That since the death of the said Louis J. Stiehm on August 8, 1963, your petitioner, as administratrix of the estate of Louis J. Stiehm, and Leona M. Stiehm Butalla, have endorsed over and delivered to the said John F. Stiehm, up to the time of his death, all dividend checks received. 8. That due to the death of John F. Stiehm on November 22, .1968, it becomes necessary that .an account of the Trust Estate be filed, and that distribution of said Trust Estate be made; one-half thereof to the heirs at law of Louis J. Stiehm, and one ... half thereof to Leona M. Stiehm Butalla. WHEREFORE, your petitioner respectfully prays that she be appointed as Trustee in the place and stead of Louis J. Stiehm, in order that she may join with Leona M. Stiehm Butalla1 the other Trustee, in filing the account as Trustees, and make distribution of the Trust Es- tate under authority of your Honorable Court. And your petitioner will ever pray, etc. COMMONWEALTH OF PENNSYLVAN~: ss: COUNTY OF WASHINGTON Frances Stiehm Anders, the petitioner herein1 being duly sworn according to law, deposes and says: that the facts set forth in the foregoing petition are correct and true as she verily believes. Sworn to and subscribed before me ,/ riJ this 1 -y. -day of January.l 1969. --E.-....:...... __ _ My commission expires: 7/}~ /~ /'7~ ~ c 0 p y .• - LAST WILL AND TESTAMENT BE IT RE1\1EMBERED that I~ Irene M. Stiehm~ of Donora, Washington County. Pennsylvania, being of sound mind, rnern6ry and understanding, do hereby make, publish and d~clare this as and for my last will and testament, hereby revoking and making null c.nd void any and all wills and testaments, or writings in the nature thereof, by me at any time heretofore made. FIRST: I direct that all my just debts and funeral expenses be paid as soon as conveniently may be after my decease. SECOND: I give, devise and bequeath to my son~ Louis J. Stiehm, my solitaire diamond ring, my wrist watch, and my brooch with the seven diamonds. THIRD: I give, devise and bequeath to my daughter, Leona M. Stiehm, my diamond ring with the platinum setting, and the balance of my jewelry. FOURTH: In the event that my husband, John F. Stiehm, survives me and conditioned upon his remaining a widower. I give, devise and bequeath unto him all the rest, residue and remainder of my estate, whether real, personal or mixed, and wheresoever situate. In the event my husband pre-deceases me or remarries following my death, then I give, devise and bequeath all the rest, residue and remainder of my estate to my two children, Louis J. Stiehm and Leona M. Stiehm, share and share alike. FIFTH: I nominate and appoint as Executor of this my last will a:1d testament my son, Louis J. Stiehm. IN WITNESS WHEREOF, I have hereunto set my hand -and seal this 10 day of December. 1948. ___ I_r_en_e_M_._S_t_i_eh_m ______ (SEAL) EXIDBIT~ A ( l f l I i I Signed. sealed. published and declared by the above named testatrix as and for her last will and testament. in the presence of us. who. in her presence. at her request. and in the presence of each other. have hereunto sub- scribed our names as attesting witnesses. D. M. Anderson Jr. Anne Verbich EXHIBIT BA IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA. ( Estate of ) IRENE M. STIEHM, No. I '71 of 1954. ( I I. deceased. ) PETITION FOR AUTHORITY TO COMPROl\!IISE · UNDER SECTION 513 OF FIDUCIARIES ACT OF 1949 • To the Honorable Dwight M. Anderson, President Judge of said Court: The petition of Louis J, Stiehm respectfully represents: 1. That your petitioner is the duly acting Executor of the Estate of Irene M. Stiehm, by her Last Will and Testament duly probated in the Register of Wills' Office of Washington County, Pennsylvania, on the 18th day of June, 1953, copy of which Will is hereto attached and marked "Exhibit A". 2. That Irene M. Stiehm died on the 21st day of May, 1953, leaving to survive her as her only heirs-at-law and sole ·beneficiaries under her Will, her husband,_ John F. Stiehm, and two children. Louis J. Stiehm, your peti- tioner; and Leona M. Stiehm, both of whom are sui juris. 3. That by paragraph marked "Fourth" of said Will, th~ said Irene M. Stiehm bequests, inter alia, "all the rest, residue and remainder of my estate" to her husband, John F. Stiehm, conditioned upon the said John F. Stiehm re- maining a widower, otherwise said residue goes to the said Irene M. Stiehm's ·~--·-·---·----... --~--..-----·-~-...-·-----~-----·~ _ .. __ ?1-/f r /9 1 T . /3 ' .I . ~ l two children, to wit, Louis J. Stiehm and Leona M. Stiehm. 4. That said John F. Stiehm had indicated that he was dissatisfied . with conditions imposed upon his benefits under said Will and has proposed . to file an election to take against said Will but has offered to forego such right ' : of election provided he received for the balance of his life. regardless of ·whether he remarried, all dividends and other income produced by residue of his wife's estate, with vested remainder in his son and daughter. 5. That your petitioner and his sister. subject to approval of the court • . have agreed in writing to such compromise with their father. a copy of said ·agreement being attached hereto and made a part hereof and marked ''Exhibit B,. 6. That for his protection, pending approval by the court of said pro- posed compromise. the said John F. Stiehm has filed with the proper persons his election to take against said Will and has also authorized the withdrawal of said election at the audit of the estate if the compromise is approved. 7. That your petitioner is advised that said proposed compromise is legally proper and believes it as nearly in keeping with the desire of the dece- dent. in view of surviving husband's legal rights. as is possible. 8. Your petitioner therefore respectfully prays this court to approve said compromise and to make distribution of residue of decedent's estate in conformity therewith. And he will ever pray. etc. State of Pennsylvania ( s s. County of Wasbington ) Before me, a Notary Public in and for said County and State, personally appeared LOUIS J. STIEHM, who, being duly sworn according to law, deposes and says that he is the petitioner named in the foregoing petition and that the statements therein averred are true and correct. Sworn to and subscribed before me ' thi~o.tL day of April, 1954. Q~~ -. Notary Public ; I I ! I l ! l AGREEMENT. THIS AGREEMENT. entered into, in duplicate, between LOUIS J. STIEHM, as Executor of the Estate of Irene M. Stiehm, deceased, and LOUIS J. STIEHM and LEONA M. STIEHM, individually, hereinafter called the parties of the first part; and JOHN F. STIEHM, hereinafatercalled the party of the second part. . ' WHEREAS. by Will probated, Irene M. :Stiehm devised to John F. Stiehm all the rest, residue and remainder of .her estate conditioned upon the said John F. Stiehm remaining a widower; and WHEREAS, the estimated value of the gross estate is $26,948.00 and the net estate is $18,000.00; and WHEREAS, John F. Stiehm has indicated that he is not satisfied with the share left him by his wife's Will and might elect to take against the Will; and WHEREAS. the residue of the estate consists entirely of stocks and is considered to be worth approximately $19,733.00; and WHEREAS. the parties have reached an agreement and desire to reduce their agreement to writing: NOW, THEREFORE, KNUW ALL MEN BY THESE PRESENTS, that EXHIBIT .lz. (~ ____ ...,_._,..., __ --:---.. ~---·---.. ------~---.-............... -~-......... \ l ' \ l t 'f J I John F. Stiehm agrees to accept the dividends from said stocks for the remainder of his natural life regardless of whether or not the said John F. Stiehm remarries. and the executor agrees to pay, or cause to :Oe paid. all dividends to the said John F. Stiehm in consideration of his waiving all rights to take against the estate and under his legacy under said Will. The parties intend to be bound by this agreement and intend that it shall extend to their heirs and assigns forever. J1 WITNESS our hands and seals this J-,6 day of FebruaTy. 1954. (Seal) EXHIBIT A !3 . . ~·-· . ~-----· ~ _____ , ... ..._... ..... ...,...,.. __ ...,_ .. --------·------· .... ~~---..... -·- IN THE ORPHANS' COURT OF WASHINGTON COUNTY PENNSYLVANIA. , In re: Estate of ( IRENE M-. STIEHl\11, 1 N_o. of 1954. } Deceased. ( D E C R E E AND NOW, April 22nd, 1954, the foregoing petition having been presented after consideration thereof, the Court, under and by virtue of the authority conferred by Section 513 of the "Fiduciaries Act of 1949~1 hereby approves the compromise recited in such petition, and directs that unless hereafter otherwise ordered by this Court that award of balance for distribu- tion as shown by account in audit to be subsequently held, be awarded in kind to a trustee to be a appointed by this Court, and who will be giyen authority to carry out the provisions of such compromise. By the Court, ---.......... -~. ... -.~--· ------~ ----... ..-~----.. ---... ...---~~· __ .... -------~--.. ~ -...... _ ~---------~-~·-... ·---.......... -----_ ......... . ... ESTATE OF No ....... l4.J..~l) __________ Of _________ :_-19 ........ 54 .... , A.A. Irene M. Stiehm, In the matter of the F.i.rs.t ... and .. .final. ...... . ______________________ g_~_Q_(?._~_S..E?..d_. _________________________________ _ Account of -~-~!-:1;~_?. ___ ~_! .. ,-~.t.:t.~hm..~------··--·-·-·---· --------------~x-~_Q_lJ_to.r. _______________________________________________ _ ADJUDICATION AND DECREE And now -~~~---?.$.., ................................................... , 19 ... 05.4 this m.atter 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 $ ...... 20J.948 ... QQ __________________________________ and the account is accordingly confirmed; and it is ordered, adjudge and decreed that the said balance be paid out by the Accountant in accordance with the schedule of distribution hereto attached and make a part hereof, unless exceptions hereto be filed sec. reg. or an appeal be taken herefrom sec. leg. ·' :..,. '· SCHEDULE OF DISTRIBUTION Balance per occou.nt ··--------------------------·--------·--·---·----··--·----------------·-·-----·-·----·-· Additional debit asked at audit Balance ·---·------------------------------··--·-·----------··--------···--·---··---··--·······----·-····-·---------- Deduct Clerk's Costs & Receipts ---------------··---···-----··----------······-·--·---··--·-···------·- Attorney --~~9--~-~~-~!!:--~---~~9--~~~-~!?: _______________________ :~~-----~----.--~~-:-:.··----·---- James H. Douglas, Register, transfer inheritanc~ tax, $369.90 Interast from 5-21-54 to date 2.Q2 Louis J. Stiehm, son, specific bequest in kind of solitaire diamond ring, wrist watch, and brooch with seven diamonds held in kin dand distributed as such at the appraised value, subject however to the payment to the account- .ant of the i~~eritance tax due thereon in the amount of $6.80, 340.00 Surcharge-Inheritance tax due on above item, Leona Mo Stiehm (now Butallal daughter, sepcific bequest in kind of 1 diamond ring, 18 K, White Gold (Platinum) mounting, held in kind and distri- buted as such at the appraised value, subject however to the payment to the accountant of thE inheritance tax due thereon .in the ar1ount of 6.80 $17.50, 875.GO Surcharge-Inheritance tax due on above item, 1?.5Q $ .. ?.Q_,_9._4~~-oo $20,202.01 $20,208.81 $19,351.31 Contribution for the purpose of maintaining assets of estate in original form, Louis J. Stiehm a nd Leona lf. Stieh1.1 Butalla, as Trustees for John F. Stiehm, life tarrant, with re- mainder over to Louis J. Stieh~, ~' and Leona Mo Stiehm Butalla, ~ under the terms of agreement, balance, including the following assets, held in kind and distributed as such at the values as 381.69 $19,733.00 shown;-.122.3 3 • 00 .. No balance. 100 shares Nash Kelvinator Stock @ 2313.00 36:shares Wheeling Dollar Savings & Trust Co 37· shar·es Wheeling Steel Corp · 25 shares Wheeling Steel Corp pfd •. stock 100 shares General Motors 50 shares Hazel-Atlas Glass 60 shares Johns-Manville !... : . 2736~00 1415.2~ 2118.785 6275.0 ' 975.00 390o.od IN THE ORPHANS1 COURT OF WASHINGTON COUNTY, PENNSYLVANIA In Re: Estate of IRENE M. STIEHM, Deceased ORDER OF COURT And Now, to wit, this #~~ / J -day of January, 1969, • it appearing to the Court from the facts set forth in the foregoing petition and the exhibits attached thereto, that Irene M. Stiehm died testate on May 21, 1953, and that the audit decree in her said estate, at No. 141-D of 1954 A.A., awarded her residuary estate, consisting of stocks in kind, to Louis J. Stiehm and Leona M. Stiehm Butalla, as Trustees for John F. Stiehm, life tenant:r. with remainder over to Louis J. Stiehm, 1 /2~ and Leona M. Stiehm Butalla, 1 /2; and it further appearing that Louis J. Stiehm died intestate on August 8, 1963~. and that his widow~. Frances Stiehm1 who is now Frances Stiehm Anders, is the fiduciary of the estate of the said Louis J. Stiehm. It is ordered and decreed that the said Frances Stiehm Anders1 fiduciary of the estate of Louis J. Stiehm, deceased, be and hereby is ap- pointed Substitute Trustee in the place and stead of Louis J. Stiehm, with authority to join with Leona M. Stiehm Butalla, the other Trustee,. for the purpose of filing the Trustee Account, and make distribution of the Trust Estate under authority of the Court.