HomeMy WebLinkAboutOC1970-0100 - ESTATE OF YARNALL.",--
,~
.,
,
IN THE COURT OF COMMON PLEASOF
WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
NO.100 of 1970
IN RE:
ESTATE OF ALVERETTA YARNALL
Decea sed,
FINAL DECREE
fl
.,.
z
"
~-j),~If ,;;;;"·(/)rn ::.:0 -.J-rr1"'~c """r ::;:-(.0 (/)::Jt---._,0)::::::..'~'(l ":;'221='~.-0..-:t-o~,--~I ~""0 '.,,,,;'J
-
,,''\3 ...,..,~c>'0\~0 ",,'-0'~..-.~.---'---0 r--.:-..J ».-'"'-"J ~.(/)0~-~~
~~
PATRONO,CEISLER and EDWARDS
Attorneys at Law
80 East Chestnut Street
Washington,Pennsylvania 15301
IAd-/a )/
;.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF ALVERETTA:
YARNALL,Deceased NO.100 of 1970I
FINAL DECREE
AND NOW,this of May,1970,itapp ea r i ng
that proper notice of the Decree of this Court,dated January 28,
I
1970,was given by publication once a week for three successive
,
weeks in the W~shington County Reports and in the Observer-Reporte ,
and it further :appearing that no exceptions to that Decree were
filed within three months from the date of the first pUblication,
IT IS THEREFORE ORDERED AND DECREED that the Decree of this Court
of January 28,1970,is confirmed absolutely,and the real estate
described in the Decree of January 28,1970,is free of all
decedent's debts not now liens of record,and regardless of the
provisions of any testamentary writing of the decedent thereafter
probated;and it is further ordered and decreed that the title to
,
the real estate is vested in Olan Y.Williams and Retta Mae
Williams,as tenants in common,under and by virtue of the
provisions of the Last Will and Testament of Alveretta Yarnall,
Deceased.
-,"~"
....---~.._~...-
.,
In compliance with the News,paper Advertising Act of 16 May,1929,
P.L,1784,as amended.
Commonwealth of Pennsylvania,County of Washington,SS:.
Personally appeared before me.:a Notary Public in and for said County
and State,Ri(:.ha.t.g $..!'c..QW.~~who being duly s,worn
according to law,deposes and says that he is the $.~.~.~.~t~~y..
of the Obs'e.rver Publishing Company,a Benns,ylvania corporation,and its
agent in this behalf;that the said Com.pany is,the owner and publisher of
the Observer·Reporter,succ'essor to The Washington Observer,established
Septe:mbe,r 18,1871,and The Washington Reporter,established August 15.
1808,a daily newsipap'er of general circulation,printed and published and
having its place of busines's at Washington,Washington County,Pennsyl.
vania,where it or its predecessors have been established and pnblished
continuonsIy for more than six months·prior to the publica;tion of the notice
hereto attached;that the printed notice or advertisement hereto attached
is a copy of an official advertisement,official notice,legal notice or legal
advertisement,exactly as printed or published in the Obs'erver·Reporter in
its regular editions on the following dlate or date.s;.
.........................Fehr.uar.y 4.,.11 and 1S.~1.9..7..Q ..
that neither tne affiant nor the Observer PUblishing Company is interested
in the subject matter of s'aid notice or advertising and that all of the alle.ga.~~~,~:t't,atfldavit ..to th'tim"Pla:~"l~"
NOTICE
IN RE:ESTATE OF ALVERETTAYARNALL,DECEASED,
No.100 of 1970,in the CourtofCommonPleasofWash·
ington County,Pennsylvan·
ia,Orphans'Court Division
To Creditors or any other parties
in interest:
rake notice that a Petition to De·termine Title to Real Estate and a:lecree nisi,under Section 756 of
the Fiduciaries Act of 1949 (20 P,S.320,756)were filed at the above
number and term,whereby Olan Y.Williams and Retta Mae Williams
claim title to the real estate here·inafter described,as tenants in
common under and by virtue ofthepro';isions of the Last Will and
Testament of A1veretta Yarnall,Deceased;the life tenant,EvaYarnallWilliams,died on May 6,
1969;the said Eva Yarnall Williams,'having been appointed ExecutriX
of the Estate of A1veretta Yarnall,did not complete the Administration
.of the said estate,The real estate
IS described as follows:ALL that
certain parcel of lan~situate intheBoroughofCalifornia,Wash·
ington County,Pennsylvania,front·
ing 21 feet on Third Street and run·ning back of even width 150 feettoanalley,adjoining lot now or
formerly of William Noble andSimonJackson,and designated as
Lot No.105 in the General Plan ofsaidBorough.Unless Exceptions to said decree,
are filed within three (3)monthsfromthefirstpUblicationofthis
Notice,the decree shall be con·firmed absolutely.PATRON0,J CEISLER AND
EDWARD~,.Attorneys for Petitioners
P.O.Box 636California,Pennsylvania7029·Wed.·3t
Observer -Reporter
WASHINGTON,PENNSYLVA'NIA
PROOF OF PUBLICATION
"b'~:';2d(~~1970
•.MARGARH U.·-8Rj\fUH-.~OT~;~8i";~".------------'
'(:h;l :::1 ..':.,'11'',~O;:CJ~::n
trY CC:':.i:>S:J:1 o.pwr~.AY D,197Z
f
Sworn to and
-----"""
Washington~Pennsylvania
(PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION)
PROOF OF PUBLICATION
In compliance with the Newspaper Advertising Act of May 16,1929,
P.L.1784 Sec.3,paragraphs (3)and (25).
COUNTY OF WASHINGTON}SS.
STATE OF PENNSYLVANIA
Personally appeared before me,a Notary Public in and for said County
and Commonwealth,CHARLES C.KELLER,who,being duly sworn,deposes
and says:that he is the Editor of the WASHINGTON COUNTY REPORTS,
theofficiaJ!legal periodical for said Washington County,published weekly
hav,ing its place of business at Washington,Washington County,Pennsylvania,
and is acting as its agent in this behalf;that the said WASHINGTON
COUNTY REPORTS was established on March 31,1920,and was designated
as the official legal publication for Washington County,Pennsylvania,by order
of the several courts of said County,dated November 11,1920;that the printed
notice or advertisement attached hereto is a copy of a notice or advertisement,
exactly as printed or published,which appeared in the said legal periodical in
its regular issues on the following dates:
......;r..~Qx:~a.r..y.~;t.?t !9...,!.2.?.9..
............................................................................................................
that the affiant or the corporation in behalf of whioh he is acting is not
interested in the subject matter of said notice or advertising and that all of the
allegations of this affidavit as t.0 th.e.time,place and char;~ctef of t~~ication
are true.[;/laJr!&&:)y }
~=-..~--Editor
Sworn to and subscribed b~e=this,~._-_
.....~~ay Of..!:.~!?~.Y.~.Y.:,19 ?2.!.
....IJ.,Lz....~~..e....M(,~lt.~M
Notary Public
KAT!lERINE C.~!ICHOLAS,Notary Public
Wa3hi"gto:J,'Nashington Co.,Pa.
My C~I.1f:"li~slo"Expires
--'-f:'T":~r-1,197:;1 ~
e
NOTICE
IN RE:ESTATE OF ALVERETTAYARNALL,DECEASED,
No.100 of 1970,in the Court of Com-
mon Pleas of Washington County,Pennsylvania,Orphans'Court Divi-sion
To Creditors or any other parties ininterest:
Take notice that a Petition to Deter-mine Title to Real Estate and a decree
nisi,under Section 756 of the Fidu-ciaries Act of 1949 (20 P.S.320.756)
were filed at the above number andterm,whereby Olan Y.Williams and
Retta Mae Williams claim title to therealestatehereinafterdescribed,as .ten-ants in common,under and by virtue of
the provisions of the Last Will and
Testament of Alveretta Yarnall,De-~eased;the life tenant,Eva Yarnall Wil-
liams.died on May 6,1969;the saidEvaYarnallWilliams,having been ap-pointed Executrix of the Estate of AI-
veretta Yarnall.did not complete theAdministrationofthesaidestate.Therealestateisdescribedasfollows:ALL
that certain parcel of land situate in theBoroughofCalifornia,WashingtonCounty.Pennsylvania,fronting 21 feetonThirdStreetandrunningbackof
even width 150 feet to an alley,adjoin-ing lot now or formerly of William
Noble-and Simon Jackson,and desig-nated as Lot No.105 in the General PlanofsaidBorough.
Unless Exceptions to said decree are
filed within three (3)months from thefirstpublication~f this Notice,the de-
cree shall be confirmed abSOlutely.
PATRONO.CEISLER ANDEDWARDS
Attorneys for PetitionersP.O.Box 636California,Penna.
6)23-3
~,...--..-_.--_.-~~-~'~--"""--~'--,
..
;I .....
'.,....'IIi-;,
-t<,
F •
,./
/
....
.<......
....,",
c'
'--
.~
~:.......,
I :,e;--tr
IN THE COURT OF
OF
WASHINGTON COUNTY,PENNA .
ORPHANS'COURT DIVISION
NO.
IN RE:
ESTATE OF ALVERETTA
YARNALL,Deceased
?!.
u-o----
PETITION FOR DETERMINATION
OF TITLE TO INTEREST IN
REAL ESTATE
=<;..
».::0 --:--r;
\.)<
Ul ~T1 :::;;l
c::::>
:1:-2 ~c:...,"-
~.Z (~~:1-...r-
\)~Cl ri ''';:~~
-{-n r~,~ffl
.-.:J .........rtll:lft-::::0
~l'~o
C")-q :-;:-0
c:J
~
o "'-}.....
..
~-.:-::.....,<,=x
\J r ::--
~
r""-~
"!>(.0 <..""1
~-1"V.
ij~
PATRONO,CEISLER and EDWARD'S
Attorneys at Law
80 East Chestnut Street
Washington,Pennsylvania 15301
:;2,c3 -I ()
--
~
IINTHECOURTOF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF ALVERETTA:
YARNALL,Deceased,NO.LtJf.J cr /CZZQ
PETITION FOR DETERMINA~ION OF TITLE
TO INTEREST IN REAL ESTATE
AND NOW,thi s
:-J23 day of January,lS70,come your
petitioners,O~AN Y.WILLIfMS and RETTA MAE WILLIAMS,by their
I •._
attorneys,PATRONO,CEISLER &EDWARDS,ESQ.,and respectfully
represents and,set forth as follows:
1.That Alveretta Yarnall died testate on January 17,
1952.
2.That the Last Will and Testament of the said
Alveretta Yarn~ll was probated in.the Register of Wills Office
,
of Washington County,Pennsylvania,in Will Book 79,at page 29,
on August 19,~952,and Letters Testamentary Were issued to
Eva Yarnall Williams.A true and correct copy of the said LastI
I
Will and Testa'ment and the codicil thereto of the said Alveretta
Yarnall is her,eto attached and made a part hereof as Exhibit "A".
3.That the said Eva Yarnall Williams did not complete
the administr~tion of the Estate of Alveretta Yarnall,Deceased.
4.'That the said Eva Yarnall Williams did file an
inventory for Pennsylvania Inheritance Tax purposes,and the only
assets of the JEstate was a parcel of land situate in California
Borough,Washington County,Pennsylvania,known as 415 Third
Street,California,Pennsylvania,upon Which was erected a frame
dwelling and garages.This real estate was valued at $8,000.00.
I·
5.T.hat the said Eva Yarnall Williams,as life,
tenant of the said property,did pay the Pennsyivania Inheritance
Tax on her lif~interest on October 14,1959,as will appear in
the records in the Register of Wills Office aforesaid.
6.That the said Eva Yarnall Williams,died on May 6,
1969,and her !life interest in the ~aid property automatically
terminated,and the remaindermen,Olan Y.Williams and Retta Mae
Williams,became the owners in fee simple of said property.
7.That a true and correct description of the said
real estate is 'attached hereto and made a part hereof as
Exhibit "B".
8.That,to the best information,knowledge and belief
of your petitioners,all the debts of the said Alveretta Yarnall
have been paid,and that there are no outstanding claims against
I
the Estate of Alveretta Yarnall,Deceased.
WHEREFORE,your petitioners respectfully requests your
I
Honorable Court,under the authority of the Fiduciaries Act of
1949,as amended and supplemented,specifically Section 756
I,
(20 P.S.320.756)to enter its decree nisi adjuQgi~g that the
title to the d$cedent's interest in the real estate is vested in
Olan Y.Williams and Retta Mae Williams,and to further direct
that notice of~the decree nisi be given in such a manner as the
Court shall direct.
(
And ~hey will ever pray,etc.
II
COMMONWEALTH OF,PENNSYLVANIA:
SS.
COUNTY OF WASHINGTON
(
Befor~me,the undersigned authority,personally
appeared OLAN Y(.WILLIAMS and ~ETTA MAE WILLIAMS,who,being
duly sworn according to law,depose and say that the alligations
set forth in the foregoing Petition are true and correct upon
the ir per sona 1 ;knowle dge ,
ISworntoandsubscribed,
before me thisJ<¥dda y
information and belief.
Olan Y.w:iUi 1 ia ms
1970.
Notary Public
IPHYLLIS L.SIfROY
,California,Washingt'o:~:~Y tUb".,
My Cpmmission Exp;re~a.
,January 29,1971
My Commission Expires:
I~ALVER~TTA YAR~ALL,of the Borough of California,
County of Washington and State of Pennsylvania,being of sound
and disposing ~ind,memory and understanding,but considering
the uncertainty of this mortal life,do make,publish and
declare the following"-as my Last Will and Testament,hereby
revoking and m~king void all forn:.er wills by me at any time
heretofore made.
Flrst:I hereby authorize and direct my Executrix,
hereinafter named,to pay all my just debts and funeral expenses
as soon as it may be convenient after my decease.
ALL TB~R~ST AND H~SIDUE of my estate,real,per-
sonal or mixed,of whatsoever description and wherever the same
may be found (:after the payment of .my just debts and funeral
expenses)I g~ve,devise and bequeath the same to my beloved
daughter,~va 'Yarnall ','lilliams l'or and during the period of
her natural life and to be entitled to the rents,issues and
profits of the same and at and immediately after her death,
I give,devise and bequeath the same to my grandaughter,
Retta Mae \1illiams ana.to my grandson,Olan Yarnall rIilliams,
share and share alike.It is my will,however,that if the
life tenant,.h;va Yarnall .'lilliams,and the remaindermen,Retta,
Mae .1illiams and Olan Yarnall ';filliams,all believe and agree
that it would:be to the best interest of the life tenant and
remaindermen to sell all or part of the real estate,it is my
will that the;y proceed to sell the same and execute and delivel'
a deed or dee'ds for the real estate sold in fee simple to the
purchaser orp urchasers.
Ido hereby nominate,constitute and appoint my
beloved daughter,Eva Yarnall ','/illiams,I!;xecutrix of this,
.rr:.y Last .iill:and Testrunent.
,..-----------,,------------------------------------
,-
---------------------,,----
IN,iITN1!:SSwm:EREOF,I have hereunto set my hand and
..tll.,seal this 26 ttl day of'ly~arch,A.D.,1945.
Ls/Alvaretta Yarnall (SEAL)
SlGN!!D,SEAL.I1.D,PUBLISff~D and Dh.CLAR~D by the above
named Alveretta Yarnall,as and for her Last Hill and Testament
in the presenoe of us,who have hereunto ~ubscribed our named
at her request as witnesses thereto,in the presence of the
said Testatrix and of each other.
/s/Marie H.~anandise
/s/Florence E.Holstead
CODICIL
I,hL7bR~TTA Y£RNALL,the within named testatrix,
I
do hereby malte and pulbisL this codicil,to be added to my
Last ITill and Testament,bearing date the 26th day of March,
A.D.,1945,'in manner following,to wit:I
rm~REAS in my said will in the residuary clause I
have given,~evised and bequeathed all the rest and residue
of my estate,rea.l,personal or mixed to my beloved daughter,
~va Yarnall :Williams,for and during the per iod of her natural
life and to :be entitled to the rents,issues and profits of
,
the same and at and immediately after her death,I give,devise
,
and bequeath the same to my grandaughter,Retta Ifcae ';filliams
and to my grandson,Olan Yarnall ~illiams,share and share alike,
I
I do hereby declare that my will is that should either my gran-
daughter,R~tta Ivj,ae 'ailliams,or m.y grandson,Olan Yarnall
,
Williams,ptedecease me or predecease the life tenant after my
-----------------.--------.
"
decease,then such share I give,devise and bequeath to the
survivor of my aforementioned grandchildren.I
Arm ~ID~R~~S in my said will in the residuary
clause where II have willed,however,that if the life tenant,
~va Yarnall Jilliams,and the remaindermen,Retta Kae Williams
and Olan Williams Yarnall,all believe and agree that it would
be to the best interest to the life tenant and remaindermen to
sell all or p~rt of the real estate,it is my will that they
proceed to sell the same and execute and deliver a deed or deeds
for the real ~state sold in fee simple to the purchaser or pur-
chasers,I do thereby declare that it is my will,however,that
if the life t~nant,I!.,va Yarnall '~'lilliams,and the remaindermen,
Retta Mae Williams and Olan Yarnall Williams,or the survivor
of them,all 9r both believe and agree that it would be to the
best interest'of the life tenant and remaindermen or remainderman
to sell all Of part of the real estate,it is my will that they
proceed to sell the same and execute and deliver a deed or deeds
for the real ~state sold in fee simple to the purchaser or
purchasers.
Ip witness whereof,I have hereunto set my hand and
seal this 14th day of January,in the year of our Lord one
thousand nine hundred and fifty.
~Alveretta Yarnall (SEAL)
Signed,sealed,pUblished,and declared by the said
ALVERETTA Y~NALL as and for a codicil to her Last Will and
Testament,in the presence of us,who,in her presence,and in
the presence ,of each other,have,at her request,subscribed
our named as Iwitnesses thereto.
Lsi Jessie L.Asa
Lsi Bessie M.Hazen
Is!Cynthia E.Benzing
"'"'
DESCRIPTION OF REAL ESTATE
ALL that certain parcel of land situate in the Borough
I
of California,Washington County,Pennsylvania,fronting 31 feet
on Third Stree~and running back of even width 150 feet to an
alley,adjoining lot now or formerly of William Noble and Simon
Jackson,and designated as Lot No.105 in the General Plan of said
Borough.
I
f'
EXHIBIT "B"
,'
"0'"I
IN THE COURT OF:COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:IESTATEOF ALVERETTA:
YARNALL,Decea sed NO.+loa 7!If71'2
DECREE
,
AND NOW,thi s
-(£~J'-'-day of January,1970,upon
consideration of the within Petition and upon motion of JOHN W.,
EDWARDS,JR.,Esq.,IT IS HEREBY ORDERED,TO BE FILED,and it
is further ordered and decreed that the title to the real estate
I
hereinafter described is vested in Olan Y.Williams and Retta
Mae Williams,as tenants in common,under and by'virtue of the
I
provisions of the Last Will and Testament of Alveretta Yarnall,
Deceased;and ,it is further ordered and decreed that notice of
this decree s~all be given to any creditors or any other parties
in interest,~f any such there b~,by publication once a week for
three successive weeks in the Washington County Reports and in a
I
newspaper of ~eneral circulation in the County;and it is further
ordered and decreed that in the event no exceptions to this decree
are filed within three months from the date 'of the first
publication,~his decree shall be confirmed absolutely,and the
said real estate hereinafter described shall be free of all
decedent~debts not then liens of record,and regardless of the
provisions ot any testamentary writing of the decedent thereafter
probated.
I
The real estate is more particularly bounded and
described as:follows:
•<
....'.,J
ALL that certain parcel of land situate in the Borough
of california,Washington County,Pennsylvania fronting 31 feet on
Third Stre~t and running back of even width 150 feet to an alley,
adjoining lot now or formerly of William Noble and Simon Jackson,
and design~ted as Lot No.105 in the General Plan of said Borough.
I
II