HomeMy WebLinkAboutOC1969-1109 - ESTATE OF D'ALESSANDROIN THE ORPHANS' COURT OF
WASHINGTON COUNTY
PENNSYLVANIA
IN RE: ESTATE OF
ROSE D'ALESSM~RO
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PETITION FoR~ROVlffi 0~
SALE
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~\~ ~ r,a:oRGE ..J. MODRAK
~~' ~ 'I."''"T'OR~IIi:V A'f' L.A.W
oy 22 N. CENTRAL. AVENUE Qi CANONSBURG, PENNA. 15317
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IN THE ORPHANS 1 COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE: ESTATE OF )
)
ROSE D'ALESSANDRO)
NO. of
PETITION FOR APPROVAL OF SALE OF
REAL ESTATE TO EXECUTOR
To the Honorable Judge of said Court:
The Petition of JAMES D'ALESSANDRO respectfully represents:
1. That ROSE D'ALESSANDROT the decedent, died testate on
August 10, 1966~ seised, inter alia~ of the real estate herein-
after more fully described in Exhibit "A" attached hereto and
made a part hereof.
2. That in her will dated the day of June., 1959,.. and of --.
record in Will Book Vol. 102, page 420r Washington County Records,
she provided as follows:
11 Second. I am possessed of certain real estate situate
on South Main Street in the 4th Ward of the City of
Washington~ Washington County~ Pennsylvania, which I
acquired by survivorship by my late husband, BATTISTA
D • ALESSANDRO.,. =.These premises· I give and~beque~th . .:unto ·-_
my son1• VINCENZO D 1 ALESSANDRO_, also known as JAMES
D'ALESSANDRO#. presently Alderman of the said 4th Ward~
in trust,. nevertheless, upon the following conditions:
(a) I direct him to sell the said premises at
either private or public sale for such
price as he deems fit, and to made and
deliver a good and sufficient deed for
conveying the same.
(b) I direct him to collect~ divide and pay
over the net proceeds of such sale to
my children hereinafter named. equally.
3. That in said Will the decedent appointed JAMES D1 ALESSANIRO
to be Executor of her estate. (Copy of Will attached as Exhibit "D" .)
4. That all of the heirs have reached an oral agreement
t,Tith your Petitioner to have the aforesaid real estate sold to
and BERNICE D1 ALESSANDROr his wife,
JAMES D1 ALESSANDROT your Petitioner/ for the sum of EIGHTEEN
THOUSAND DOLLARS ($18,000.00), all of which will more fully appear
by reference to the Joinder attached hereto and made a part hereof
as Exhibit uB" 1 and by reference to a copy of the Inheritance Tax
Return attached hereto and made a part hereof as Exhibit "C";
provided however, that the Petitioner shall have a credit of
$21 000.00 for his share of the estate1 leaving a net balance of
$16,000.00 for him to pay to his brothers and sisters;. that the
aforesaid real estate is more particularly bounded and described
in Exhibit "A 11 attached hereto and made a part hereof.
WHEREFORE 1 pursuant to Section 546 of the Fiduciary Act of
1949, your Petitioner prays that,he may purchase the aforesaid
real estate and that the Court make an Order directing its Clerk
to execute the deed for the conveyance of the aforesaid real estat~
to the Petitioner and BERNICE D'ALESSANDRO, his wife.
Attorney rfij Petitioner
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF WASHINGTON )
Personally appeared before me, the undersigned authorit ,
JAMES D 1 ALESSANDRO~ who being duly sworn according to law, depose
. and says that the facts set forth in the foregoing Petition are
true and correct as he verily believes.
sworn to and subscribed
befo~e e t:s:! day
of_~:J 1969 • .,.,
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~~B. A. f'RANKs· , . ~~flfHOU~1Aiff. .,.~~.:
M111fm fxpfresl FfrSl Moodfi
JANUAR'f, 19721 ~ •'<
DESCRIPTION OF REAL ESTATE
ALL that certain messuage and lot of ground~ or piece of
land, situate in the Fourth Ward of the City of Washington,
Washington County, and State of Pennsylvania which fronts on
the eastern side of South Main Street and is more particularly
bounded and described as follows:
BEGINNING at a point on the eastern line of said South
Main street, which is the southwestern corner of lot (formerly)
of John Hughes~ and extending from said point along said street
southward a distance of Eighty-four (84) feet and sic (6) inches
to lot now or formerly of John Wolfe: thence along said lot of
Wolfe by a straight line eastward a distance of Two Hundred and
Forty (240) feet, more or less to a point; thence northward along
land formerly of w. s. Bryson and J. w. Kuntz, a distance of
Eighty-four (84) feet and six (6) inches: thence westward along
aforesaid lot now or formerly of John Hughes, a distance of Two
Hundred and Forty (240) feet, more or less the place of beginning,
HAVING erected thereon a two-story brick house and garage
known as 324 South Main Street, Washington, Pennsylvania, 15301.
BEING the same property conveyed to Battista Dalessandro
and Rose Dalessandro by Battista Dalessandro, by deed dated
September 17, 1957, of record in D.B. Vol. 1243, page 1037, Wash-
ington County Records.
The said Battista Dalessandro died June 24, 19581 whereby
the entire estate in and to the above described property vested
in Rose Dalessandro as the surviving tenant by the entirety.
EXHIBIT "A"
I
J 0 ·I N D E R
I, the undersigned, being an heir and interested party
of the estate of Rose o•Alessandro do hereby join in the prayer
of the Petition attached hereto, wherein James D'Alessandro
desires to purchase real estate situate at 324 s. Main Street,
Washington, Washington County, Pennsylvania, for the sum of
$18,000.00, do hereby approve of said sale and join in the prayer
of said Petition: and I further waive notice of the presentation
of this Petition to the Court: and I also waive notice of any
decree entered by the Court pursuant thereto.
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vU/Jt!htUUz /J~~ce.o
Americus D'Alessandro
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Dated:
EXHIBIT "B"
JOINDER
I, tho unc!eroigncc!, baing an heir and interested party
of the estate of aoso D • Alusan4ro do hereby join in the prayu
of the Pe~ition attaChe~ heretc, Wheroin James n•Alesaandro
deai~ea to purchase ~e~l estate\aituate et 324 S. Main Street,
•• Waabington, Weab:Lngton County; Pennoylvl!Ilia, for the sum of
$18,000~00,. do berQby approve of saic! sale and join in tho praytlr , -. ,.. ~
of ea14 Potitiont ~,and 1 f\u:thar wai vo r.oti.oe. of tbe presentation
of this Pet1tion to the. CO~tJ antS . I 8~80 w~ve notice of any
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decreta ente1:ed by the court pUt>auant: t11ereto • . \ .
Wl'mBSSt
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DatG~t
EXHIBIT 11 B11
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JOINDER
I, the undersigned, being an heir and in.terested party
of the E!state of Rose D'Alessandro do hereby join in the prayer
of the Petition attached hereto, whe~ein James D'Alessandro
desire$ to purchase real estate situate at 3Z4 s. Main Street,
Washington, Washington County, Pennsylvania, for the sum of
$1S.,ooo.oo, do hereby approve of said sale and join in tb.e prayer
of said Petition; and I tur1iher waive notice of the presentation .
of this Petition to the Court: and I also waive notice of any
decree entered by the Court pursuant thereto.
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Christine Mugavero
Dated:
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EXHIBIT "B"
\
39INDER
l, tbe undersigned, being an heir and interested .party
of the estate of Rose n•Alessanaro do hereby join in the pt-ayer
of the .P.etitiOJl attache,4 h~:retc, W'heil'eJ..n James J)'Alessandro . . . <1es~re9 ~o p\U:"obtu:ie · ;-eal estate sd.tuat~ at 324 s. Main street.
. .
washington, wash!l1.gton CoWlty, Pennsylvania, for the sum of
• ' t .. ~ls,ooo~oo,· :do hereby app:fove of ~aid sale and J9in in th~ prayer
• ' • < • ·~ ' •• ~ • t ' ,. . ' '·
.of! s~d Petitioru cmd 1 furthet'. waive notice oe t.be presentation
'*; ·_ ..... ;: ".. ..., -.-t •· . t. '
o~ this P~t1tion tci the: eo:W:tt ana z ais0 waiV. ·notice of any
decree ent~rea :b~ th~ ~cow:t· ·pur:suant.' the~~tO. ..
Eleanor Crescitelli
;·1968
EXHIBI'l' 11B"
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J o! N n· E a·
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I, the· undet:aigned, being an heir and interestod party
of the estate of ltose D • Alesscmdro do hereby join in tho prayer
of the Petition attached b~eto, wbere..in James D'Alesaandr:o
desiJ:es to purchase t:e&l estate situate at 324 s.. Main Street.
Wasbinqt.on, Washington COW'lty, Pennsylvania, for the sum of
$1Stooo.oo. do hereby app:rove of said sale and join in the prayer
of' saiCl Petition, and I further waive notice of the presentation
of th;.s Petition to thG eourtJ find % also waive notice of any
decree entet'ed by the C>.ourt pur&uant: thereto.
Wl'l'NESSa vQ2~-y~.
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!PQ!JBlT "B"
JOINDBA
of sa.ta Pot.1tl.onJ and :t turthu waive notie• o£ tb$ pr~"~entation
of this Petition tQ the co~t; ~a 1 alao ·waive notice of tmY'
decree enterec! by tb• court putsuant:-thereto •
. ifi~Slh. ~ ~--. --~-Adeline Jacob
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l, the une!et-aignod, baing an heit: and intex-eated party
of the estate of Roeo n•Alerusartc!ro Clo bereby join in the prayer
of the Petition att.ache<S hereto, ~ereiA James D'Alesaanc!J:o
de•ices to purdbcee ~eal es~ate sitUate at 324 s. ftatn ltreot,
Washington, Weehington county, Pennsylvania, for the wm of
'
$18,000.00, do herGby appX"Ove of sa14 sale ane Join .in tho prayeJ:
of .aid Petition' and 'l: fuf:'thor wal ve notice of tho presentation
of ~1e Petition to . the eo..-~t ana l . u,so waive no tic• of any . • 't .· ...
. ~TDSSt J . . /a.,~ {.~~dt.~~t;,
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Rose DeFalco
I 1'1.
nate<J: YltfJ!'{t,Jr-fv OLD. 196&
tl'"llll J at n 11 ••'' . .
fOlNPJSB
i, tho un~era1gne6, being an heir and btueated puty
of the eetate of Rose D'Ale•aandl'o do hereby join ln the prayer
of the Petition attached hereto, Wherein Jamoa D'AleaaandJ:o
deauea to purcbaae real estate situate at 324 s. llain aueet,
Waabington, Waahington County, ~neylvanla, for the IIWD of
$18,000.00, do hereby app:ove of aaid aale aDd join in the prayer
of ea14 PGtitionJ and l fun.bol' waivo notice .. of. ,tbe .pre.tentation · . -~ . ... -.. ~
of .thie J?etitio~ tQ the COlmtJ and 1 alao waiv. notice of any ~ ---------a::;. .... _ .. ' ' ,.. ~
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Dat.a<Jt
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EXBIBl'l' .. B"
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COMMOtHIEAL TH OF PENNSYLVANIA
DEPARTMi:N-T--9~ REVENUE
BUREAU OF COUtlTY COLLECTIONS
TRANSFER INHERITANCE TAX
RESIDEN! DECEPENT
SCHEDULE •• A"
REAL PROPERTY
Real property in Pennsylvania, with statement of mortgage encumbrances upon coch parcel at death of dece~
dent. Where rroperty held as joint tenant or tenancy by entireties, report on Schedule ··~··. Property hr-ld uy
the .decedent· as tenant in common with another or others, should be identified os to quuntum of interest and
the estimated value should bP. that of the decedent's interest only.
The ~col property located In tho Commo(lwcalth of Pennsylvania should be (1) (2) C:ll
described by lot and block number, sireet and street number, together with or:PARTMENT
a general description of the property, with a reference to the record of tho ASSESSED VALUE VALUATION
conveyance by which tho decedent took title; If a farm state number of a. FOR YEAR OF ESTIMATED CAUTION
eros; also statement of mortgage encum~rodnces upon each parcel ot death DECEDENT'S MARKET VALUE (Do not wrlto
of decedent. Taxes, assessments, accrue Interest on mortgages, etc.,ore In this space) .~t~a~b:e~~li:st~e~d~o:n~S~c~h:e~d~u~le~·~·F~'-'~c~n~d~m~u~s~t~n~o~t~b:e~d~e~d~u~ct~e~d~f~ro~m~th~i!s~s~c~h!ed~u~l!e·~~----~D~E-A_T_H------t--------------1r---------------
House numbered 318-324 South Main Street
Washington, Pa,
House and lot located tn the Fourth Ward,. City of
Washington, Washington County, Pennsylvania,
fronting 84 feet, more or less on the east side of
South Main Street, Washington, and extending back
the ref rom the distance of 240 feet, more or less.
On the described lot is· erected a two story brick
building.
1966
$4,805
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h. I · " I " S h d I "A" · th Insert t 1 s toto oppos1 te rea property , c e u e m e XX XXX
"As Reported" column on the last page of this return.
EXHIBIT "C"
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. 1, ROSE D1ALESSAiDRO, widcw, of 324·Sout~ ~ain Street,
Wt:,shinc;ton, Washington County, Pennsylv.s.nia, ·being of sound and
disposing cind, do 6ake, .ordain and establish this to be.my Last
Will and Testament, hereby revokitig a~y and all ~ills heretofore
made by r.1e:
FIRST: I· direct, that my Li.ecutor hereinafter named pay
my funeral bill anq my various just debts a~d expenses at the time
of my death using personalty fcir this_purpose as far as possible.
SECO~:D: I am p~ssessed of certain real estate situate
on~South Main Street in the 4th Bard of the 8ity.of Washington,
·washington C6unty, Pennsylvania, whi~h I acquired by survivorship
by my late husband, BN.rTISTA D1ALESSAt-:DRO. These promises I give
and beq·ueath unto my son, VETC~:·:zo D 'f~LESSMmRO, also known as
JA1'1E'S D 1ALESSA.NDRO, presently Alderman of the said 4th Ward, in
trust, nevertheless, upon the follor:ing conditions:
(a) I direct him to sell the said premises
at either priva~~ or public sale for
such price as he deem~ fit, and to make
and deliver a good and sufficient deed
for conveying .the same.
(b) I direct hi~ to collect, divide and pay
over the net proceeds of such sale to
my children h~reinafter named. equally.
iiiHIRD: J\11 the rest, residt.=..e and remainder of my
eart~ly g6ods ~~ich I possess, I give, devise and bequeath to my
children: Americus 0 'Alessandro, 3o:;-: 1639, Perrine, ?lorida;
James D'Aless~ndro, 30~ S~uth ~ain Street, ~ashington, ?en~sylvania
Peter .!) I Alessandro' 365 Jeff c:rson i: venue' VJa:_s ~in,ston, ? ennsylvania;
Christine I·t~ur;avero, 1?21 Gr2~nd Avenue, 3ronx, 1'fev: York; Eleanor
Cres cipel1i, Yonkers, :-ev1 York; Angeline D 1Al es sandro, 6063
··Broadway, Hiverdale 71, :·JeYi York; AC.eline Jacobs, 3610 South ~\·est
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21st Stre~t, Miami, Florida; Rose DeFc:.lco, V.I.A. Squarcialu-po,
Rome, Italy; and Mary D 1Aless.andro, 1055 Ringwood, :':lenlo Park,
California in equal portions, sh~re and share alike.
FOUR'?H: ·I no~ninate, constitute, and .a::Ypoint my son,
JA~ms D 1ALESSAl-DRO, referred to hereinabove, t6 be the Executor
of this My Last Bill ani Testament.
IN WITNESS Vif-IER.EOF, I have hereunto set. my hand and seal
this ___ day of June, 1959, in the City of V·iashington,. Washington
' County, Pennsvlvani a. . u
(SEAL)
Signed, seaied, published and declared by the above
named testatrL<. as and for her Last \Vill and Testament in the
presence of us who, each at her request, and in the presence of
e2.ch other~ have hereunto subscribed o·~r names as witnesses to
this and to the above Will and to due execution, the day and ye~r aforesaid. ·
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IN THE ORPHANS' COURT OF WASHINGTON COUNTY, PENNSYLVANIA
IN RE: ESTATE OF
ROSE D1 ALESSANDRO
)
)
)
D E C R E E
AND NOW~ October ~ , 1969, after consideration of
the averments of the foregoing Pe.tition and examination of the
original Will of decedent, and ·the Inheritance Tax Return filed
in the Office of the Register of Wills~ and in view of the fact
that all persons who are interested under the provisions of said
Will, are sui juris, and.have joined in the prayer of the Petition
and waived necessity of being heard in the matter, and it appearin
to the Court that all debts of the:estate.have already been paid,
under and by virtue of provisions of Section 546 of the Fiduciarie
Act of 1949, permission is hereby granted to JAMES D'ALESSANDRO
and BERNICE D'ALESSANDRO, his wife, to purchase from the decedent•
estate the real estate described in Exhibit "A", fof the grosf_
tJf ec-aOrf!I;'JII~ ~(}I/ Y:J consideration of $18,000.00,. and the Clerk~A ~s hereby
authorized, directed and ~mpowered to execute, acknowledge and
deliver a proper deed conveying all the right·, title and interest
of the decedent in and to the aforesaid real estate to JAMES
D'ALESSANDRO and BERNICE D'ALESSANDRO, his wife.