HomeMy WebLinkAboutOC1970-0255 - ESTATE OF VANCE"
03 -7(}-~,pS)
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I,HAZEL~.VANCE,also known as MRS.W.D.VANC~,of Robinson Township,
Washington County,Pennsylvania,P.O.Address,R.D.ifl,Bulger,Pennsylvania,do
hereby make my Last Hill and Testament and revoke all vlills by me at any time herem
tofore made.
FIRST:I direct that my funeral expenses and.the expenses of my last ill·~
ness be paid as soon as may be convenient after my decease.
SECOh~:I direct that my personal representative,in addition to and not
---J
in limitation of any authority given to said personal represe.ntative by law,shall;
have the pawer to sell all or any par.t of my real estate at any time,at either
public or private sale,for such price and upon such terms as my personal repre-
sentative may deem best.
I give the sum of $1,000.00 to my sister,ADA C.FISCUS.
THIRD :
FOURTH:
FIFTH:
I give the sum of $1,000.00 to my sister,}L~RJORrE C.WEIGEL.~!
I give the sum of $1,000.00 to my sister,"AWEAN t4ILSON.12~f'¥/
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§.IXTH..:.I give the sum of $500.00 to my aunt,BERTHA C.Gl.ASPEY,pro-,-1<?1
vi~ing she survives me.
SEVENTH:I give the sum of $500.00 to my aunt,FLORENCE H.tiEST,pro-
viding she survives me.
EIGHTH:I give the sum of $200.00 to PORTERSVILLE CEMETERY,the same to)~(~/~Ibeusedforthecareofthegravesofmyparents,~brother and.sister,namely lv.H.:
Covert,Ada Covert,Philo Covert and Pauline Covert.
NINT~All the rest,residue and remainder of my estate,real and per-
sonal,I give,devise and bequeath in the following proportions:
(a)1/3rd to my daughter,JUANITA ZICKEFOOSE.
(b)1/3rd to my daughter,MADELON BARKHURST.
(c)1/6th to my grandson,NOLAN THAYER VANCE,son of ~l.Thayer Vance.
(d)1/6th to my granddaughter,ROBIN GAYLE VANCE,daughter of W.
Thayer Vance.
I nominate and appoint ¥~ELON BAR]lWRST Guardian of the es-
I nominate and appoint JUP.NITA ZICKEFOOSE Guardian of theTENTH:---
NOL..4.N THAYER VANCE.
,
ELEVENTH:
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IIestate!
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TWELFTH:I nominate,constitute and appoint my daughter,JUANITA ZICKE-
FOOSE,Executrix of this my Last Will and Testament,and in the event of her death:i
inability or refusal to act I nominate,constitute and appoint MADELON BARKHURST I
!,
Executrix of this my Last Will and Testament.f
I
IN WITNESS WHER~OF,I have hereunto set my hand and seal this I
day of November,1965.
,j'~_l~_,":'_tl.--;:;r,~:l.:.-(_tf,;_.,/;_/,,/_•.-:-:~a=cJ':",__~..:...·7--:-";,/"::-,~;:;",;;:,;;;:;;;;;:;:;:,,,,,",-(SEA1).1 _.:X:"C-=-.{//t?..--Z ,c--c ...c<-
i/r (Hazel C.Vance,)
Signed,sealed,published and declared by the above named Testatrix,as
~md'for her Last Will and Testament,in the presence of us,who,at her request,
(SEAL)
names as witnesses theretoe
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III1
!!in her presence,and in the presence of each other,have hereunto subscribed our IIIII
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,-,J -_.~t,3 -70 .;{55
l\ffi~auit OOf 1£xrrutnr (@r l\~mtut!itratnr
),
~tatt nf 'tuunyluauia }
Cltnuuty nf lIan4iugtnu nn:
Personally before me,the undersigned authority,a }J:QJ~}:'y P'g9JJ&in and for said
County and State,appeared ..J..UANJ1'A..ZJ~K:f:!f.QQS.:f:!.!who,being duly
sworn according to law,deposes and says ~at she is thl executor ~2tdmifli81:rn1;mo of the es-
tate of .HAZEL...C......VANC.E.,....a/kja......~~ece~sed,D thaY t~~Efbregoing schedules constitute a
complete inventory and appraisement of the real and personal estate of HAZEL C VAN.CE.,
deceased,except real estate outside the Commonwealth of Pennsylvania;that the figures opposite
each item of real and personal ,estate in the foregoing schedules are determined and stated by the
undersigned to be the fair value of said items as of the date of the decedent's death,based upon a
just appraisement of each item made by the above named Executor Mmifitsti-a'OOr.
Sworn and subscribed before me this .....li,tf.l?····..···,v\s ~.
.day oZ ..~oetob~tl19 ~7~~~~"E~~~~to'~~;;;';""'... ..~:£'A1/\~~~~~~~~L STRUCTIONS
---~.1.An inventory~must be filed within three months after appointment of personal representative.
2.A supplemental inventory must be filed within thirty days of discovery of additional assets.
3.1 Original·ap·d 2 Copies and 2 RCRI-34,Under $10,000;1 Original and 2 Oopies and 2 RCRI-33,
Over $10,000,including Copy of Will;1 Original and 3 Copies and 2 RCRI-33,Over $50,000,in-
cluding Copy of Will and copy of Federal Estate Tax Return.
REFERENCE FOR ADDITIONAL COPY
Act of 1947 P.L.513 Sec.5.2,72 P.S.4844.2
ate of death Februar 12 1970.
3Iuututnry aub .Appraintttttut .of the goods and chattels,rights and credits which
HAZEL C.'VANCE a!k!a MRS.W.D.VANCE,Robinson Townshiwereof.1 late of .P..l ..
Washington County,Pa"taken and made in conformity with the above affidavit.
DOLLARS CENTS
PERSONAL PROPERTY
1 refrigerator 20 00
1 Round table with 6 matching chairs 30 00
1 Deedfreeze 50 00
1 Electric Clock 3 00
1 Electric stove 20 00
1 Pin up lamp 2 0
1 Electric sweeper (Electrolux)15 00
1 Metal stool 2 00
1 Step stool 2 00
1 Metal stand 2 00
1 Porch glider (wood)15 00
1 May tag washer 20 00
1 Rinse tub (galvanized steel)2 00
3 lawn chairs 8 00
1 step ladder 5 00
1 New broom 2 00
1 Enamel top table 5 00
2 Floor lamps 8 00
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Inventory and Appraisement
IN .THE ESTATE OF.
~""""• ( I •~J-..')'<::.':.-~:../.(..J{A..~.~.~~.~YANG.~.,)~!~~!~: .
-"'0"<4"MRS...,,'W.D.VANCE,.."t 'If f ~• ,
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J',..'piledi~~?;;,
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1 Green lounge chair with ottoman
1 Matching couch and chair
1 Piano bench
1 Carpet with 2 runners
1 Television with stand
3 Cushions "
1 Pin up lamp
1 Carpet with 2 runners &matching stair runner
1 Small vanity and bench
1 Double bed
1 Dresser
3 Carpets
2 Double beds
1 Night stand
1 Dresser with mirror
1 Bedroom chair
20.00
35.00
5.00
40.00,
30.00
3.00
2.00
20.00
8.00
15.00
10.00
27.00
20.00
5.00
15.00
5.00
......'.~Kitchen miscellaneous
1 Writing table ,~+.,.,10.00
30.00
,,
1 Farmall cub tracfor'with;'42fi'rotary mower,5 f sickle
mower,12ft plow "1
325.00
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Miscellaneous toois
1 ~8f Extension ladder (wo~d)
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25.00
30.00
Cash on hand 'J ..
,f 51.00
Checking Account,Bank of Weirton 4,933.66
Savings Account,First Federal Savings &Loan-Washington 5,000.00
REAL PROPERTY
Tract of land situate in Robinson Township,Washington
County,.Pennsylvania,containing 84.438 Acre~,upon
which is erected a two story frame house and barn,
Deed Book 907,page 149
Tract of land situate in Hanover Township,Washington
38,000.00
County,Pennsylvania,containing 107 Acres,12 Perches,
upon which is erected a one story frame building,
Deed Book 907,page 149 6,000.00
$54,875.66
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STATE OF PENNSYLVANIA,
WASHINGTON COUNTY,}ss:
The within named Accountant being duly sworn according to law,depose and say that the above account
as stated is true and correct as _._§tl).~verily believe.S .
Sworn and subscribed before me 'this 15tb .
day ~f ~~~~~~~_19 '7..3 .
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,:EDITH L.DAGUE,Notary Pubnc
4,>Washington,Washington County,PIon..Commission £llpita MIr.za.19
Washington County,ss:I do certify that I have given legal notice to all persons
concerned of the filing of Ithe within account in the manner
prescribed by Statute and Rule of Court,as evidence by proofs
thereof filed to No.....&?3..::...Z..2:-::..Z.3~..
Witness my hand and official seal this ~.~._.
day of !~!.e.~'.._ _ _19.7J
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FIRST ACCOUNT of JUANITA ZICKEFO~SE,Executrix
of the Last Will and Testament of HAZEL C.VANCE,
also known as ,MRS.W.D.VANCE,late of Robinson
Township,Washington County,Pennsylvania.
The Accountant is charged as follows:
PRINCIPAL PERSONALTY
Amount of Inventory and Appraisement
Refunds from Insurance Company
$10,875.66
3.9.0.
INCOME PERSONALTY
940.63
44,000.00
PRINCIPAL REALTY
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Amount of Inventory and Appraisement..,.
Dividends -Schedule A
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7-15-70 Sign Rental 3M 20.00
TOTAL CHARGES $55,839.79
The Accountant claims credit as follows:
Schedule B -Administration Expenses,Preferred,
Debts,Other Debts &Taxes 2,594.10
Schedule C -Maintenance of Realty
Taxes 856.85
Fire Insurance 147.10
Heating Oil
West Penn Power Co.
'516.27
246.86
Repairs .102.96 1,870.04
TOTAL CREDITS $4,464.14
Balance in hands of Accountant for further accounting .....$51,375.65
,SCHEDULE A -'Dividends
First Federal Savings,&Loan,Washington,Pa.
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4-8':'70"
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7-15-70
11-11-70
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',$62.50 .<,.'
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,..~~"!t 62.50
.62.50
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$187.50
1-21-71
4-12-71
7-7-71
10":19-71
2-22:-72
4-26-72
8-6-72
10-18-72
2-20-73
4....18-73
8-2-73
'10-8-73
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62.50
62.50
62.50
62.50
62.50
62.50
62.50
62.50
62.50
65.63
250.00
250.00,
253.13
$940.63
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Administration 'Expenses:
'James R.Donaldson,Cos.ts advanced,:
3-l2~70 Russell Ma~ino,Register,Letters &3
short cert ..
~-16-70 Washington Co.Reports,Adv.Letters
5-4-70 Burg.Enterprise,Adv.Letters
22.50
14.00
9.00
2-24-71 'Clerk of Courts,certified copy 1.50 47.00
4-7-70 Death Certificates 3.00
5-7-70 Southwestern Mutual Fire Ins.Co.,Fire Ins.5.25
5-21-70 Allstate Insurance Co.,Liability Ins.18.40
8-17-70 J.S.Lawrence,Farm Survey 850.00
,,
11-30-70 Southwestern Mutual Fire Ins.Co.,Fire Ins.50.70
10-15-73 Russell Marino,'Bal.on,Letters &Filing,Inventory 10.00
10-15-73'Russell Marino,Filing Account 20.00
Preferred Debts
4-1-70 Lee Funeral Home Funeral 970.00
4-1-70 Robinson Ceme'tery Assoc.Opening Grave 50.00.,,
4-1-70 M.J.Packovich,M.D.Professional Services 160.00
3-10-71'-Refund 98.40 61.60
5-7-70 Weirton General Hospital,Bill 6.78
7-28-70 J.M.Garvey,M.D.Professional Services 35.00
3-9-71 Refund 28.00 7.00
Other Debts &Expenses
5-7-70 pyrofax Gas
..
Bill 174.07
7-28-70 Malcolm Morgan
.8-24-70'Bess McCarty
,,.
7-28-70 Malcolm Morgan
Mary Call- "t'..f'.'.~i.,I .._f..,I «--Mary'Call'
27.10
16.64
32.66
22.92
69.88
.1970 Road Tax (Hanover Twp.)
1970-Co.Tax (Hanover Twp.)
1970 Co:Tax (Robinson Twp.)
1970 Road Tax '(R~binson Twp.)
1970 School Tax (Hanover Twp.)
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8-26-70
8-24-70 .
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9-29-70 Bess·McCarty 1970 Schoo}Tax (Robinson Twp.)108.56
11-23-70 Weirton Lumber ,Co.
9-29.:.70
4-6-71
Taxes:
Southwestern Mutual Ins.Co.Fire Insurance Assessment
Roofing bill
Southwestern Mut.Ins;Co.Fire InsurancecAssess~ent
SCHEDULEC
Maintenance of Real Estate
19.05
18.24
5.25
$2,594.10
June 7,1971,
June 7,1971,
June 7,1971,
June 7,1971,
Aug.9,1971,
Sept.6,1971,
May 4,1972,
May 4,1972,
June 8,1972,
Aug.15,1972,
Aug.15,1972,
Mar.9,1973,
June 13,1973,
June 13,1973,
Oct.13,.1973,
Oct.3,1973,
Fire Insurance:
Mary Call
Bessie McCarty
Malcolm Morgan
Malcolm Morgan
Mary Call
Bessie McCarty
Mary Call'
Malcolm Morgan
Bessie McCarty
Bessie McCarty
Mary Call
Mary Call
Bessie McCarty,
Malcolm Morgan,
Bessie'McCarty,
Mary Call,
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1971 Hanover Twp.Road
1971 Robinson Twp.Road
1971 County,Hanover Tw.p,
.'.1971 County,Robinson Twp.
1971 Hanover Twp.School
1971 Robinson Twp.School,'
1972 Hanover Twp.Road'
1972 County,Hanover and
Robinson Twps.
1972 Robinson Twp.Road
1972 Robinson Twp.School
1972 Hanover Twp.School
1973 Hanover Twp.Road
1973 Robinson Twp.Road
'1973 County,Hanover Twp.&
Robinson Two.
1973 Robinson Twp.School
1973 Hanover Twp.School
TOTAL ...
18.64
22.92
27.10
32.66
69.90
114.18
18.64
59.76
22.46
114.17
69.89
18.64
22.46
59.76
123.54
62.13
$856.85
Southwestern Mutual Insurance Co.,Robinson Twp.property
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11~30~70 ,50.70
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12-8-71'.
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34.10
34.10 $118.90
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,.Hanover Township property.
14-4~72~:
d.'.'.."''(,4-5-73 t,.'..\ii!~"!'"'.{~~IA·'~i '..t ..,.,',.~r .t
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18.90
9.30 28.20
...$147 .10
Heating Oil
Oct.5,1970,Davis Oil Co.80.58
.,
Mar.8,1971,Davis Oil Co.56.93
Oct.29,1971,Coen Oil Co.84.91
Apr.5,1972,Tri State Oil Co ..61.48
Oct.29,1972,Tri State Oil Co.79.16
Mar.15,1973,Tri State Oit Co.68.30
Oct.3,1973,Tri State Oil Co.84.91
TOTAL .... ... ..$516.27
West Penn Power Company
1970,Oct.,Nov.,Dec.,.
1971,Jan.through Dec.
1972,Jan.'through Dec.
1973,Jani~through Sept.
TOTAL .
.Repairs to buildings and mower
14.34
93.73
80.74
58.05
.....'.$246.86
Apr.14;1972"Reeseman Tractor Supply "Mower Parts
May 10,1972,Reeseman Tractor ~upp1y,Mower Parts
Jan.8,1971,Kaufman Hardware,
Oct.13,1972,Z.&L.Lumber,
Roof Patch
Roofing
.TOTAL .
8.14
14.00
17.40
63.42
.$102.96
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BALANCE CONSISTS OF:
Real Estate
.,
$44,000.00
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First Federal Savings,&Lo~n
Checking Account'
5,000.00
2,375.65
$51,375.65
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PROOF OF PUBLICATION
---01---
State of.Pennsylvania
County of Washington
I._Eugene....R V.Osbur.g ,publisher of THE BURGETTSTO~
ENTERPRISE,a weekly newspaper published in the Borough of Burgettstown.
County of Washington.State of Pennsylvani'a,hereby certify that the annexed ad-
vertisement Eata.t.e No.t.ic.e _was published in said newspaper for
........:tbr.-e..e consecutive weeks.commencing on the 1St.h _..
day of lv1ar.ch 19 .7.0-and concluding on the Is.t----day of
........J.\..£r.;l.,J.,19..7.0 .!~~'".~..:c.-,..&:....~._......_..~bllih"
19 ::::sworn to and SUbr4scrlUbelore me tb;"_ls::;.(#..AP.ru.._
..........~.t:£~
r.LOUIV.R!ot.aP.lIhl'
-_BURGETTSTOWN B"'»TlI/(f""P!fBUCWASOROUGu'
My " ..M.Y "HINGTON "a "4tifcommlSSlonexpires.CQMMt8s!ON k U~r.y.~;.~19 _
EXPIRES FEB 1 .• •197$
Washington County Reports
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}88.
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,
the officilW.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:
...........Ma..rc.h 19.,2.6.,1.9.7..Q ..
...........~p..~J..!?,!.9..?.Q ..
Estate Notices
The Register of WiHs has granted
letters,testamentary or of administration,
in the following estates.Notice is hereby
given to all persons indebted thereto to
make payment without delay and to those
having claims or demands to present
them for settlement to the Executors or
Administrators or their Attorneys.
•• •••••• ••••••• • •
VANCE.HAZEL C.,a/kjoa MRS W DVANCE,Dec'd.. . .
Late of Robinson Township,Washing-ton County,Penna
Execu.trix:Juanita"Zickefoose,R.D.
#1,Box 57,Weirton,W.Va.26062AttorJ?ey:,James R.DOnaldson,614WashmgtonTrustBldg.,WashingtonPenna.15301 '
that the affiant or the corporation in behalf of which he is acting is not
interested in the subjeot matter of said notice or advertising and that all of the
allegations of this affidavit as to the time,place and character of the publication
are true.I);fa)r.~./(Q ~.~.!..~/~-~~~f ~~~
---_.._*.-..---..----____I r ..
Sworn to and subscribed ,before me this
·.?.~Q"7da~of :Al?E.~},19 ?.Q.~..............~..:..e ?1~~~
Notary Public
KATHERINE C,rJICHOlAS,r~Gtary Puhlic
V;ael1:~;;tan,',','e3hingtoi'1 Co"Pa..
r.;y CC-:1r:1is~ioi'1 Expires
NC'Ismber 1,1973
....~.~...~.~...~.~~.~~~...~.~...~~.~.~~...~.~...y.A.~.s:~.~
········..·····..···a/k/a··MRS·~··'W\·..D·~·..VANCE·······
VS.
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ORPHANS'COURT DIVISION
i,~~76 -d--S~
No ,Term,19 ,.
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....................................................................................~..-..:.:.:.:..:.:_._.:-_._~_.~.-...:..,;'.
,./-'"......................::"(';-/.~~~~c;F::::'·:~.
.To RUSSELL MARINO,wi::ay~:T'z~Tt'·~iii"'"'·_·· ·
~X1tX~~Regi s ter "'-..,._-.A11'orney /or....~~()Y'~.-:-.~~.~~.~~.~~.~~ees
rYDf:i§01YOf/hlY
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No....., .Term,19 :
.;
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..IN RE.:.Estate o.f HAZEL C •..........
VANCE,a/k/a MRS.W.
D.VANCE
versus
................................................
PRAECIPE FOR APPEARANCE
..
Wray G.ZeIt III
Attorney for .c3,p.9v~.~.n..Clm~.4...+.(?,g~~~.~.~...
.....9
(9 :6 --1 0 -~-5'-6-
7
IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
O~PEANS COURT DIVISION
No.
IN RE:Estate of
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased
LICATION FOR POSSESSION
BY LEGATEE
~DER 20 Pa.S 3595
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\O~RAY G.ZELT III
\ATTORNEY AT LAW
23 EAST BEAU STREET
~INGi(}:JN.PA.15301 n ,C '~I
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:Estate of
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased
)
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)No.·····)------
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c!.~rA-r {O ,v
ceIttiLETO SHOW CAUSE
AND NOW:-this .#day of ~.,1973,those
..
legatees under the will of Hazel C.Vance,a/k/a Mrs.W.D.Vance,
who were devised an interest in the 79 acre tract of real estate
in Robinson Township,Washington County,to wit,Juanita Zicke-
foose,Madelon Barkhurst,Nolan Thayer Vance,and Robin Vance
Pettry,are hereby ruled to show cause why Robin Vance Pettry
Ishouldnotbegivenpartialpossession of the 79 acre tract in
question for the purpose of storing her mOQile home..,
(!(~·r2'0 .'C.J
This~ttle is returnable'to the Court Room of the
Honorable Paul V.Simmons in the Washington County Courthouse,
Washington,Pennsylvania,on the ,7:!,!day of tfzdUGIt--t41d /l,
1973./It /d;oo A f1 '"1/~~'a...rLQ ~~
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Notice to the persons above named should be given by
certified mail ten (10)days prior to the return date aforesaid.J//~J~.he ~-c.~fL~,~JJ~
.BY THE COURT,
""
,IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:Estate of
'.
HAZEL C.VANCE,,a/k/a
MRS.W.D.VANCE,Deceased
APPLICATION FOR POSSESSION
BY LEGATEE
UNDER 20'P'a.'S.'3'5'3'5
AND NOW comes Robin Vance Pettry who by her counsel
petitions your Honorable Court to make an order delivering partial
possession of a tract of real estate forming a part of the assets
of the Estate of Hazel C.Vance,a/k/a Mrs.W.D.Vance,
The following reasons are given in support of·this
petition:
1.The decedent died on February 10,1970,and Letters
Testamentary were issued to the named executrix,to wit,Juanita
Zickefoose,on March 11,1970.
2.The aforesaid executrix is represented by Attorney
James R.Donaldson,614 Washington Trust Bui~ding,Washington,
Pennsylvania.
3.Even though a period of more than three (3)years
has expired since the probate of the will of Hazel C.Vance,a/k/a
Mrs.W.D.Vance,nothing further has been done toward the dis-
position of this estate.
4.A copy of the will of Hazel C.Vance,a/k/a Mrs.
W.D.Vance,is attached hereto and marked Exhibit "A".
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"
5.Under the terms of the will of Hazel C.Vance,a/k/a
Mrs.W.D.Vance,Robin Vance Pettry is entitled to a one-sixth
share of the real estate including a certain tract of 79 acres in,,
.''
Robinson Township,Washington County,pennsylvania.
6.The legatee,Robin Vance Pettry,is the owner of
a mobile home and does not have or own any real estate upon which
she might locate said mobile home nor has she been able to find
any other situs upon which to store said mobile home.
7.The location of a situs for said mobile home has
become extremely urgent by reason of the fact that it is presently
situated in West Virginia and must be moved immediately to and/or
near the McDonald,Washington County,Pennsylvania,area,where
Robin Vance Pettry and her husband presently reside.
NOW THEREFORE,in consideration of the foregoing,your
Honorable Court is r~quested to grant the~of this petition.
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Wray G.~elt III
~torne for Robin Vance Pettry-
- 2 -
I,HAZE-L C.VANCE,also known as MRS.W.D.VANCE,of Robinson Township,
.,-.-'"-",..'...•-,.,_..,_..-.~.~_.-----
.Washington County;Pennsylvania,P.O.Address ,R.D.ill,Bulger,Pennsylvania,·do ,-'---.
..'I .
hereby make my La'st Will and Testament and revoke all Wills by m~at any time here.'.'
tofore made.
FIRST:I 4irect that my funeral expenses and the expenses of my last ill.,
ness be paid as soon as may be convenient after my decease...
SECOND:I direct that my personal representative.,in addition to and not
...._J
....
in 'li~ltationof any authority given to said personal representative by law,shall,.
h~ve,th,e,powerto sell all ,or any part of my real estate at any time,at either
,public,or private sale,for such price and upon such terms as my personal repre-
sentative may deem best.
THIRD:I give the sum of $1,000.00 to my sister,MARJORIE C.WEIGEL.
FOURTH:,I give the sum of $1,000.00 to my sister,VALJEAN WILSON.
FIFTH:'I give the sum of $l,OOO.OOto my sister,ADA C.FISCUS.
SIXTH:I give the sum of $500.00 to my aunt,BERTHA C.GLASPEY,pro-
viding she survives me.
SEVENTH:'I give the sum of $500.00 to my aunt,FLORENCE H.WEST,pro-,
be used for the care of the graves ,of my parents,brother and sister,namely W.H.
"
Covert,Ada Covert,Philo Covert and Pauline Covert•
NINTH:All the rest,residue and remainder of my estate,real and'per-
sonal,I give,devise and bequeath in the following proportions:
, I
(a)1/3rd to'my daughter,JUANITA ZICKEFOOSE.
(b)1/3rd to my daughter,MADELON BARKHURST.
(a)
(u)
1/61.:\\to my nramluon,NOLAN 'l'llAYEn VANCE,80n of w.thayer Vance,.
I
1/6ch Co 1\11"l!.'L'4lIlUUAuahL:@r,ROllIN OAYJ,.I'VANeU,dAU~hl:"1"ot w.
Thayor Vance.
TENTH:I nominate and appoint JUANITA ZICKEFOOSE Guardian of the estate
of NOLAN THAYER VANCE.'f'
II
tate of RonIN GAYLE VANCE.,: I
ELEVENTH:I nominate and appoint MADELON BARKHURST Guardian of the es-
I 't .
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')TWELFTH:I nominate,constitute and appoint my da~ghte~,JUANI';rA ZICKE-
FOOSE,Executrix of this my Last Will and Testament,and in ,the event of her dea,th,
in~bility or refusal to act I nominate,constitute and appoint MADEloN BARKHURST
Executrix of this my Last Will and Testament.
IN WITNESS WHEREOF,I have hereunto set my hand and seal,this ------
day of November,1965.
(SEAL),
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)_~-'-'I-,t!-_~_~~,,;;:=-'~'~'~~...-;;..;;t'"?:u~;;,,;;;;-e.-:=g.~(SEAL)~,(Hazel C.Vance),
",,7~WI CJ I 2JCl~-t?_
,(Mrs.W.D.Vance)
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,Signed,sealed,published and declared by the above named Testatrix,as
and for her Last Will and Testament,in the presence of us,who,at her request,
in her presence,and in the presence of each other,have hereunto subscribed our
names as witnesses thereto.
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IN RE:
ESTATE OF
HAZEL C.VANCE,aka
MRS.W!...._D._Y!i.NCE f
DECEASED.
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3Jn ID4e QInurt nf Cltnuuunn 'leull nf IIU1l4ittgtnn Cltnunty.JettnsyluattiU
@rp1rnuii ~QTnnrt llliuininu
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(11r •t .t·(NO.63-70-255~~t a tOU ~
'QlntnmouUtrnltlr nf 'rutt1iylunttiu l.nn:QInuttty of tmu!ll1ittgtou
To:JUANITA ZICKEFOOSE,MADELON BARKHURST,NOLAN THAYER VANCE,
and ROBIN·VANCE PETTRY,
Sur Petition of:ROBIN VANCE PETTRY
..
.lit Q!nnunattb ~~ou~JUANITA ZICKEFOOSE t MADELON BARKHURST,
NOLAN THAYER VANCE and 1l0BIN VANCE PETTRY,
that,laying aside all business and excuses whatsoever,you do file 'in the office
of the Clerk of our Orphans'Court of Washington County,a full and com-
ple,t:e':answer,uncler '-~9at:h~'toeach.·and ,e..very .oftheavermcnts of the said
petition,on or'before Wednesday,the 7th day of November
a decree made against you.
19~,at~o'c1ock----A-.M.,and show cause why-Robin Vance Pettry
should not be given partial possession of the 79 acre tract in question
.for the purpose of storing her mobile home.....
A hear~ng on all ~ssues w~ll be h-e1.a.-at"s'.....u-,..ch~t.....,lhm""'e...-'·'->oan......no1d~p"l-la"""c....,e,......----
and further abide the order of our said Court in the,premises,
If you fail hereof,the petition may be taken PRO CONFESSO and
PAUL A.SIMMONS .
WITNESS the Honorable ~~F~,Judge of our said Court,
at Washington,Penna.,the J6 .day of·october A.D.,19_13-.
~.222~
Cle.rk of the Orphans'm
•>~
WRAY G.ZEI.T,III ,Esq.
Attorney for Petitioner,-legatees,Nolan Thayer Vance and Robin Vance Pettry,
23 E.Beau st.,
(Seal)Washington,Pennsylvania ~.s
"
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased
IN RE:Estate of )
)
)No.
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a R D E R
AND NOW,this'day of ,1973,it is-----------
hereby ordered that partial possession of the 79 acre tract of
real estate forming an asset of the Estate of Hazel C.Vance,
a/k/a Mrs.W.D.Vance,to the extent necessary for the proper
storage of the mobile home of Robin Vance Pettry,be given to
the said Robin Vance Pettry.
.,BY'THE COUR,;£"
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JAMES R.DONALDSON
ATTORNEY AT LAW
WASHINGTON TRUST BUILDING
WASHINGTON,PENNSYLVANIA
,71 '1-I/O
MRS.W.D.VANCE,Deceased.
IN RE:
ESTATE OF
HAZEL C.VANCE,a/k/a
IN THE COURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS I COURT DIVISION
NO.63-70-255
~WEB.·OF MADELON BARKHURST TO
APPLICATION FOR POSSESSION BY LE-
gATEE
AND CITATION_
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY t PENNSYLVANIA
ORPHANS I COURT DIVISION
)
IN RE:
ESTATE OF
HAZEL C.VANCE t a/k/a
MRS.W.D.VANCE,Deceased.
)
(··)··(
NO.63~70-255
ANSWER OF MADELON BARKHURST TO
APPLICATION FOR POSSESSION BY LEGATEE
AND CITATION
AND NOW,comes MADELON BARKHURST and makes answer to the Application
of Robin Vance Pettry for possession of a tract of real estate from part of the assets
of the Estate of Hazel C.Vance,also known as Mrs.W.D.Vance,answering the reasons
given in support of the petition as"follows:
1.'The death of the decedent and the grant of Letters to Juanita Zike-
foose on March 11,1970 is admitted;in further answer it is alleged that the actual
date of death of the decedent was February 12,1970.
2.Admitted.
3.It is denied that since the probate of the Will nothing further has
been done towards the disposition of this estate.In further answer it is averred that
the Executrix (a)paid the bills presented to her,(b)kept the home in~ured,(c)paid
~t
the County,School and"Road Taxes,(d)maint~ined the real estate,(e)filed an Inven-
tory and an Account on October 1S t 1973,pursuant to the request contained in letter
,"
from Wray Grayson ZeIt III,a copy of which'is attached,(f)through her Attorney,
James R.Donaldson,negotiated with John C.McCreight,Esq~:relative to a demand for
a right of way over the real estate by Don Duran,(g)negotiated with George R.Sewak,
Esq.,representing Andy Mezenko,who claimed most of the frontage on Route 22,(h)ne-
gotiated with the West Penn Power Company respecting a right of way for Don Duran,and
(i)caused the property to be surveyed by John S.Lawrence in order to sustain the
Estate's position against the claim of Andy Mezenko.
4.Admitted.
,..
5.It is admitted that under paragraph NINTH of the Will"of the de-
ceased,Robin Vance Pettry is entitled to an undivided one-sixth interest as a resi-
duary legatee.In further answer it is averred that in paragraph SECOND of the Will
the personal representative is granted pOwer to sell all or any part of the real estate,
and that fram the Account as filed it i~apparent that some real estate must be sold to
pay all of the expenses and Inheritance Tax.
6.The averments of paragraph 6 are within the sole knowledge of Robin
Vance Pettry,and Madelon Barkhurst is unable to admit or deny the same,and proof there-
of is demanded.
7.The averments of paragraph 7 are within the sole knowledge of Robin
Vance Pettry,and Madelon Barkhurst is unable to admit or deny the same,and proof there-
,.!
of is demanded.
8.
~.
In'further answer,Madelon Barkhurst alleges that Robin Vance Pettry,
as an'heir and a poten~iar ~~r~~~~n uhdivided one-sixth interest,is not entitled to
demand possession from the other co-owners,either of all or a part of the premises.
•£,f
9.The storage·of,a trailer on.the Robinson Township land will detract
,,'I ~~,"'·or'"..,~~~....j '"~~I'"....-
from the value of the same.
10.At the present,the real estate is a portion of the estate and,until
the real estate has been awarded to the several residuary legatees by the Court,control
of the real estate remains with the Executrix,who has not been joined in the Citation
in her representative capacity.
11.The petition gives no indication that permission has been granted ~y
the municipality for the placement of a trailer on the property.
12.Madelon Barkhurst objects to any portion of the real estate being de-
livered to the possession of one potential co-owner for any purpose,and particularly
for storing a trailer,prior to the Decree by the Court.
WHEREFORE,MADELON BARKHURST respectfully requests your Honorable Court to
dismiss the Petitioncand Citation.
mo(h~QY\)\3JRHMSh_..._
(Madelon Barkhurst)
•l
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COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF WASHINGTON (
SS:.
Personally appeared before ,me,the un~ersigned authority,MADELON BARKHURST,
who,being duly sworn according to law,deposes and says that the facts set forth
.in the foregoing Answer are true and correct.
Sworn and subscribed to
before me this ;z.,/c±
day of November,1973.
Notary Public
Washington,Washington 'ounty,Pa.
My C~ission Expires Mar.26,1977
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\VRAY GRAYSON ZELT III
ATTORNEY AT LAW
2~EAST BEAU STREET
WASHINOTON.·PENNSYLVANL\15301
412 225-2228
---'.~~__~_.J
....;
October 5,1973
James R.Donaldson,Esq.
614 Washington Trust Building
Washington,Pennsylvania 15301
IN RE:Estate of Hazel C.Vance,
a/k/a Mrs.W.D.Vance
Dear Mr.Donaldson:
This is to advise you t.hatI have entered my
appearance on behalf of Nolan Thayer Vance and Robin
Vance Petrie 1 legatees under the will of Hazel C.Vance.
I examined the records at the Register of Wills'
office and discovered that this estate has been sitting
dormant since the application for probate was.filed onMarch10,1970.
This is to advise you that unless the papers re-
quired in an estat~including an accounting,are not filed
within two weeks from the date of this letter,I intend to
petition the Court to have the named executrix removed.
Please be advised that we intend to surcharge the
executrix or those individuals responsible for the delay in
payment of the Inheritance Tax and·interest thereon.
Apart from the foregoing,please contact me at
your earliest convenience so that we can discuss this
estate.
WGZ:cjm
Very trul yours,
Wray ~z:rryII
/-\
MRS.W.D.VANCE,Deceased.
PRELIMINARY OBJECTIONS TO
APPLICATION FOR POSSESSION BY
LEGATEE
JAMES R.DONALDSON
ATTORNEY AT LAW
WASHINGTON TRUST BUILDING
WASHINGTON.PENNSYLVANIA
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IN THE COURT ·OF COMMON2PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
NO.63-70-255
IN RE:
ESTATE OF
HAZEL C.VANCE,a/k/a
AND CITA~:rQN
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS I COURT DIVISION
IN RE:
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.,D.VANCE,Deceased.
)
(
)..
(
NO.63-70-255
PRELIMINARY OBJECTIONS TO APPLICATION
_-,--=-FO=R;;;..,POSSESSION BY LEGATEE
AND CITATION
AND NOW,November 6,1973,comes JAMES R.DONALDSON and files Preliminary
Objections to the Application for Possession by Legatee and Citation for the following
reasons:
1.The Application for Possession by Legatee and the Citation are addressed
to Juanita Zickefoose~Madelon Barkhurst,Nolan Thayer Vance,and Robin Vance Pettry,,
but do not include James R.Donaldson,although a copy of the Citation and the Appli-
cation were mailed to him.The Citation to Show Cause,'dated October 11,1973,direct-
r •
ed notice be given to James R.Donaldson,Esq.
2.The Applic~tion for Possession an?9itation do not include Juan~ta Zicke-
foose,Executrix of the/Estate of Hazel C.vance,deceased,a necessary party to any
action covering real estate of the estate.
3.One tenant in common has no right to possession as against the other tenants
in common.
4.The Inventory and the Account were filed in this estate on October 15,1973,
prior to the date of the Citation,and before October 19,1973,the date set forth in the
third paragraph of letter received by James R.Donaldson from Wray Grayson ZeIt III,dated
October 5,1973.
WHEREFORE,JAMES R.DONALDSON respectfully requests the Application for Possession
by Legatee be dismissed,in so far as the same attempts to include him individually,and
that the Application and Citation be dismissed as to the HAZEL C.VANCE ES~TE,there
having been no joinder of the personal representative in the proceedings.
~--"~'--.--,--
'\
PETITION SU R AU DIT
IN THE ORPHANS'COURT OF WASHINGTON COUNTY
Estate of ~?~~..c.f Y.~NQlh.3~i~i~.
...................~~.•...W.'!.~.p..'!...yAtJ.G~.l .
Deceased
No 6.J.~.7.Q~.25.5._.
Fiduciary JlJANIIA..ZICKEFOOSE..
Executrix.....------_-.
~~~~~~
Decedent's death f~1;>.rl:H':l·:Y..JfJ..J9.1Q Grant of Letters M~~~h..1J.Io._19..10 """
This is the..:Fir.s.t account filed in this estate
If there have been former accounts filed in this estate,list file number or number and"term .,)~
Election to take Date Election Place of;
Under or Against will.(cross out one)Filed Record :.
-'NOT APPLICABLE -NO SPOUSE SURVIVED
Name of surviving spouse .NONE ~.
List issue,where material:
Did decedent marry after execution of will?(indicate)~No.Any children born after execut~on of will?(indicate)
¥~No.If answer yes,,name the'm .
-..._--__--..-_-__ __-..-..- ----------.--.-.
Leg.atees
MARJORIE C.WEIGEL
VALJEAN WILSON
ADA C.FISCUS
BERTHA C.GLASPEY
FLORENCE H.WEST
PORTERSVILLE CEMETERY
JUANITA ZICKEFOOSE
MADELON BARKHURST
NOLAN THAYER VANCE
ROBIN GAYLE VANCE
Relationship
Sister
Sister
Sister
Aunt
Aunt·'
None
Daughter
Daughter
Grandson
Granddaughter
Interest
Legacy
Legacy
Legacy
Legacy
Legacy
Legacy
Legacy
Legacy
Legacy
Legacy
Fiduciary,if 'deceased or not sui juris
$1,000.00
1,000.00
1,000.00
500.00
500.00
200.00
1/3 residue
1/3 residue
1/6 residue
1/6 residue
List,if exceptions to above:
If partial intestacy,give facts:,
Adeemed:;Revoked:
NONE
Lapsed:Abated:Give Cause:
"
Notice to interested parties.Have all parties,having either vested or contingent interests and all crediors entitled
to notice (Court Rule No.9 paragraph C:Section 6:Subdivision c)received written notice of the filing of the account
and of call of audit?Yes.~
(fany exception give cause:.
File copy of Notice
and dote of mOili~13...•............•......•...................................................................................
Is estate subject to the filing of a Federal Estate Tax Return?~~.
Actual payment made on Pennsyl'vania Transfer Inheritance Tax.Amount $.J'AQQQ.~QQ .
If the Will makes any portion of estate subject to a life-estate,give name and birth date of life tenant .
NONE
Give Names and addresses of all unpaid creditors who are legally entitled to notice,tog,ether with the amounts
of such claims;state whether·they are admitted to be correct;and whether the claim is denied.
NONE
Give reference to such parts of the will as require interpretation by the Court;a reference to all questions re-
quiring adjudication,and a statement of any other facts deemed necessary for the preparation of the adjudication:
The Court's attention is directed to:
(1)Application for Possession by Robin Vance Pettry.
(2)Preliminary Objections by James R.Donaldson
(3)sale of Real Estate
Balance for distribution per account,
Itemize any additional debits not shown by account:
Total additional debits (Add)
Itemize any additional credits not shown by account:Russell Marino,Agt.-On acc't.Tax $1,000.00
Total additional credits (Subtract)
Balance for distribution
$,~._Q..~.
$1 000.00••.•A •.••••••••••••••••••••••••••••
$~.l,.J.7.~.,.9.~.
$).Q.1J.1)..~.Q.~.
If balance for distribution is not'in cash,list each item held in kind,giving appraised Value (or distribution Value);
Real Estate $44,000.00
cash 433.65
Furniture 942.00
1st Fed.Savings &Loan 5,000.00 $50,375.65
,,
I
If Family Exemption claimed by Petition,give place of Record:.
If Family Exemption is claimed at audit,give name,relationship arid basis for Claim:.
List any advancement or distribution on account that has been made,and nature and amount of same:
NONE
Suggested distribution of balance shown,both as to principal and income,attaching signed and itemized elections
to take in kind if balance is not in cosh:.residuary shares being stated in proportions:
Entire balance to Executrix for further accounting
COUNTY OF WAS/-:iINGTON,SS:
COMMONWEALTH OF PENNSYLVANIA.
The above named Fiduciary or representative thereof,
being duly sw.or.n doth depose and say
that the facts set forth in the foregoing petition are true
to the best of b,~+knowledge and belief.
.....................Sworn to and subscribed before
me t~is:···7·~..day oLD.ec.emher.~19 ~3.
Signature 01 O;li~.!:..:2Jfl-..:K ?!.~.v.rw..
Tl'tle of OffICer .
Office expires ~..~~~Y.(•.Nohtl}'.Fi.h•.••••••••••••
""I Conrllliaal IShltlitotl Co U I,c
011 Uplres M unty.Pa.
It.26,1977
And your petitioner will ever pray,etc.
.............................................................,~.
No..QJ.-:.1.Q.-255........_-Oo __·
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Estate of..~~1..~.'l ••Y~.Q_~.t ~I.15:.I.~.
Fiduciary JJ.JA.N!.~~..?:.IC.tQ;F.QQ~~.
MRS.W.D.VANCE,
......---••-.._---_-_- __'O __-.
Deceased
._r
PETITION SUR AUDIT
FROM WHERE DECEDENT LEFT A WILL
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Counsel of Fiduciary will submit herewith the
following/in conformity with Court Rules
adopted effective December 3/1951/being
rule No.9:paragraph b-c;and divisions
thereof:shown on pages 23-24.
1.Written praecipes of all Counsel in the
case.
2.Copy of order appointing Guardian ad
litem/if pertinent.
3.Copy of Order appointing Trustee ad
litem/if pertinent.
4.Proof of service of above.
5.Letters Testamentary or Administration
C.T.A.or an attest copy of Will.
6.Copy of inventory and appraisement.
7.Proof of advertisement of grant of letters
if not filed with account.
8.Certificate of liens in case any of the
funds for distribution are from judicial
sale of real estate.
9.Signed and itemized elections if any
distribution in kind.
10.Copy of Federal Estate Tax return if es-
tate is subject thereto.,
JAMES R.DONAlDSON
Attorney
~2
.~
,,.
.......
'.
IN THE COURT OF COHll>N PLEAS OF WASHINGTON COUMTY,PENNSYLVAHIA
ORPIWtS!COUilT DIVISION
•,...
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ESTATE OF
HAZEL Co VANCE,a/k/a
MRS o Wo Do VANCE,
Deceased.
)··(HO.63-70-255'.·)WASHINGTON,PEHNl.,NOVEMBER 30,1973....
(
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NOTICE is hereby given that the Accountant,whose name appears below,has
filed her First Account,a copy of which ia enclosed,to the above number;that said
Account will be audited on TUESDAY,DECEMBER 11,1973,at 10:00 o'clock Ao Mo EoSoT.
You may appear if you so desire at the ti.e of Audit,but it will not be
necessary for you to do 10,unlels you want to take exception to the Account,or to any
claim which has been presented,or to present a claim of your own.
JUAH1TA ZICKEFOOSE
Executrix
JAMES R.DONALDSON
614 Washington Trust Bldg.
Washington,Penna.15301
Attorney
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In the matter of the Audit of Account in
./
Estate of HAZEL C.VANCE,a/k/a
MRS.w.D.VANCE
TO THE AUDITING JUDGE:
63-70-255No.-=-:=c-~'___====__
Enter -=m::..y'--appearance for .=.A::.::c::..;c::..;o::.;u=n=t.=a:=n:.::t=----_
",19_7_3_
N.B.-Counsel shrall,by separaJte pape,r,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.
,';/
I
No.63-70-255
In re Audit of Account in Estllite of
HAZEL c.VANCE~a/k/a
MRS.W.D.VANCE~
AUDIT
'ta:rrip:r fnt !\pp:rataur:r
FOR
Accountant
JAMES R.DONAlDSON
Attorney
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IN THE COURT OF COMMON PLEAS OF WA SHING.TON CqUNTY,PENN,.
ORPHANS'COURT DIVISION
HAZEL C.VANCE,a/k/a•
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IN RE:
ESTATE OF
MRS.W.D.VANCE,
Deceased.
BEFORE:
APPEARANCES:
TIME:
THE COURT:
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)No.63-70;-255
)
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HEARING ON AUDIT
THE BONORJ.{B:CE PAUL A.SIMMONS,Judge
of the said Court.
-,.
JAMES R.DONALDSON,ESQ.,of Washington,
Pa.,representiI,lg the Accountant.
.WRAy G.ZELT,III,ESQ.,of Washington,Pa.,
representing Nolan Thayer Vance and Robin Va ilce
Petrie.
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Tuesday:December 11;1973,at 10:00'A ;M.,
EST.J
.,."The next estate here is the estate of Hazel C._
Vance.Mr.Donaldson.,1 ..)i't :
MR.DONALDSON:May it please the Court,I have the Audit
Petition and accompanying papers in this estate.There is just a
first account,and was filed at the request of Mr.Wray Zelt,who
represents Nolan Thayer Vance arid Robin Vance Petrie.There
-,-
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are no unpaid creditors.:There ;pas beena payment of $1,000.00
,-'",,\'"...,.(~~;1 j t ,
on account of the Inheritance Tax.I have the temporary receipt w'th
the papers.W~requ.est that the entire balanse be reawarded to
"t'·,
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the Executrix,Juanita Zickefoosel for !f.urt.h:e~)aec'ounting..'We,t
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the present time,for the Court's information,we have-e'mployed
Mr.Fetherliin to make an appraisement of the two.tracts of real es ate
.,
which the Court will recall are,the'chief assets in the estaFe.And
unless we can'come up with some amicable arrangement,it will
likely be necessary to sell one of the tracts.
THE COURT:
MR.ZELT:
THE COURT:
MR.ZELT:
MR.DONALDSON:
it.
THE COURT:
,som ething.
MR.ZELT:
THE COURT:
Would you enter your,appearance,Mr.Zelt?
Yes,Y~)Ur Honor.
.Have you done that?
Yes.
Yes,Your Honor.Mr.Zelt has already entere
I recall we had some litigation about a trailer 0
Right.
Do you have any objections to this partial acco nting
at the pres en~time?.
MR.ZELT:
THE COURT:
MR.ZERMANI:
None,your Honor.
Would you announce this estate,please?
~our ,Honor,I received no res ponse.
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THE COURT:Is anybody else ,in the Courtroom interested
ill)the estate of Hazel C.Vance?
(NO RESPONS E ),
have some contentions here?
continued and the first partial acco unt is ordered filed.
some open things that have to ,be determined here.
what Mr.Donaldson has done is prepared:an account,and then
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Eventual!y V£;~ewil~h8:ve a'final account.
That is correct.
This is our firs t account.'.Mr.Zelt wanted us
We can't close the account with all---dm't you
Well,I mean I thought you told me there w El'e
Do you mean that we are continuing tl:)is audit,
If not,the audit of this acc ount is ordered
the estate is not to be closed.
.,;:\"No.It's just that it's not---well.the people";..r'-~......r I ~.~.r
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don't know what ,to do about the land a~d~fhat sor't.'of thing:'So 'I th~r k 1
to file an,account so we knew where we were up to the present timE.
MR.ZELT:
THE C OtJRT:
MR.DONALDSON:
your Honor?
MR•.,DONA LDSON:
THE COURT:
THE COURT:
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MR.ZELT:And then c lose it.
MR.DONALDSON:I assumed that we were here for the audit of th{
first account and that the audit in so far as the first account
would be concerned would be closed.If Ws going to remain open,
wl}at do we do when we com e fo the next account?
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THE COURT:We will take 'this ,under'advisement.
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Ihereby certify that the proceedings and evidence are contained
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The foregoing record of the proceedings upon the hearing ot the
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lereby approved and directed to be fUed.
By the Court,
~~.Paul~.Simmons,J.'
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Defendant.
vs.
MADELON
wife,
JUANI'I'AZIC~f09~E,EXECU-
TR;I:XOf "THE':¢STl\7'E OF HAZEL
C.VANCE,DECEASED,
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
CIVIL ACTION -EQUITY
9,0
JUANITA ZICKEFOOSE,EXECUTRIX OF
THE ESTATE OF HAZEL C.VANCE!a o
DECEASED,
c:......=r-
Plaintiffs,
Defendant.
vs.
qJ~./1.fV
DAVID L.BARKHURST and MADELON V.)
BARKHURST,his wife,)
1
1
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)
)
)
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TO:BOB A.FRANKS,PROTHONOTARY:
Please enter our appearance for the Plaintiffs in the
above-entitled case.
Date:04 !/),/171J'
GREENLEE,RICHMAN,DERRICO ~~SABy:~#ZhJ~I/Attorneys for Plaintiffs
NOTICE TO 'PLEAD
TO THE WITHIN DEFENDANT:
You are hereby notified to plead-'t"O the enclosed Compla.in
(
in Equity within twenty (20)days from service hereof or a default
judgment may be entered against you.\\
DERRICO &
.COMPLAINT INEQUITY
AND NOW,comes the above~named Plaintiffs,who,through
1.The Plaintiffs,David L.Barkhurst and Madelon V~
Barkhurst,are adult individuals who reside in Robinson Township,
-1-
r ,.,
"..••:".
Washington County,Pennsylvania,and whose postal address is Box
127,R.D.#1,Bulger,Pennsylvania 15019.
2.The Defendant,Juanita Zickefoose,is an adult
individual who resides in Hanover Township,Washington County,
Pennsylvania,and whose postal address ms Box 57,R.D.#1,
Weirton,West Virginia.
3.Letters testamentary on the Estate of Hazel C.
Vance,deceased,were granted to the said Juanita Zickefoose by
the Register of Wills of Washington County,Pennsylvania,on
March 11,1970.
4.Item Second of the will of said decedent which is of
record in the Office of the Register of Wills of Washington County,
Pennsylvania,in Will Book Page pr6vides as-------------'
follows:
.SECOND:I direct that my personal representative,
in addition to and not in limitation of any authority
given to said personal representative by law,shall
.have the power to sell all or any part of my real
estate at any time,at either public or private sale,
for such price and upon such terms as my personal
representative may deem best.
5.One of the assets of said estate is a tract of land
situate in Robinson Township,Washington County,Pennsylvania,
containing approximately 84.438 acres.
6.On or about March 20,1974,the Defendant herein
agreed to sell said tract of land to the Plaintiffs herein for the
sum of $38,000.00.
7.On March 22,1974,counsel for the Plaintiffs and
counsel for the Estate of Hazel C.Vance,deceased,prepared an
agreement of sale under whi~h the Defendant was to sell said tract
of land to the Plaintiffs for the sum of $38,000.00.
8.On March 29,1974,the Defendant executed said
agreement of sale after having made certain alterations in the term
-2-
•,..,..•,~<::::-....
of the agreement.
9.On March 29,1974,the Defendant came to the home
of the Plaintiffs and informed the Plaintiffs that said agreement
of sale had been executed by her with certain minor changes in
said agreement and the Plaintiffs agreed to said changes.
10.On April 1,1974,the Plaintiffs delivered to the
Defendant their personal check No.140 in the amount of $1,000.00
as a down payment on the purchase price of said property.
11.Plaintiffs have tendered to Defendant the purchase
price for said premises and the Defendant has refused to convey
said premises to the Plaintiffs.
WHEREFORE,Plaintiffs pray that the Defendant be com-
manded to specifically perform said contract of sale and by good
and sufficient deed convey and assure said premises with market...
able title to the Plaintiffs in fee simple and legally sign,seal,
acknowledge and deliver said deed to the Plaintiffs in proper
legal form,and accept the consideration thereof in cash which
the Plaintiffs 'now here offer,and grant whatever other equitable
relief the Court deems necessary and proper.
GREENLEE,RICHMAN,DERRICO &POSA
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•.....
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
1
1 SS:
1
BEFORE ME,the undersigned authority,personally
appeared DAVID L.BARKHURST and MADELON V.BARKHURST,his wife,
who,being duly sworn according to law,deposes and says that the
facts set forth in the foregoing Complaint in Equity are true and
correct to the best of their personal knowledge,information
and belief.
SWORN to and subscribed before
me this /()7CiC'day of July,1974.
N~C~w:t~
·.Washington County,Pennsylvania
My Commission Expires:....--------------1
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-~..£@.:Ir.c.dar4::..in the above
Enter /.Appearance for the tt:?t.t:.J.................
stated case .
................................................................................................................................................................................................................................................................
..................~~..
.........::oi ..
To
BOB A.FRANKS,
Prothonotary
.............................:..:~:::::::
f.~...v.......I'l......,19.7+
FILBq
jUL 19 2¥PH '74
BOB A.FRANKSPROTHOHOTARY ,
WASH iN(~TO;,J CO .•Ph.
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l'orm No.14·(l9G8)
Notice-Disposition 011 Oral Examination .eo II
Washington County Bar Association
•Washington,Penna.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
DAVID L.BARKHURST and MADELON V.
BARKHURST,his wife,.
Plaintiffs,
VS:
:~;1j;Z"7zJ:;:J~.._..___._
Attorney(s )ror ?J.~..t.n:!~::t.J..~.§.
JUANITA ZICKEFOOSE,EXECUTRIX OF
THE ESTATE OF HAZEL C.VANCE,
DECEASED.,
Defendant.
NOTICE OF TAKING DEPOSITION
ON ORAL EXAMINATION UNDER
PA.R.C.P.No.4007 (c)
Notice is given herewith that,pursuant to Pa.R.C.P.No.4007,the deposition (s)
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will be taken o~oral examination at.....:?~..?....~e.~h!!?:9:!:Q.~....!.:;:~.~~.....~~.t!.9:J~.g:.I.....~'?..~b:~.~g~Q~.Gr..~.~,
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for the purpose of discovering the following e.!.!.E~.!.~Y.e.P.:!:;.e.s:!:~~h.!.s:.h ~.!J}:.::-.~~~r=~h.~..
po ..r:-
.~.~.~2:.~~.~.~!.~~~..~.!!..~E~.~.E..~~.e.~~.~!?:9:~.9:~.;:.:i::eJ Q.E ~.~~~!.~hJ!?:9:9..~.~Q.~.:..
Monday August 12,74 10:00 A.M.on _ , _,~,19 ,at..-.
o'clock,~..:.m.,and at any and all adjournments thereof.The deposition will be reported
by..__.9.:l?l1J?J.._:!:£...§.t..~n.Qg.*-.g.2h~.!:.~.
Dated.~~g.~.~~....J...,..JJ..?.1 _ .
AND NOW,thiS ~day of ,..l.\gg.1:U?t.,19 7..4 ,I hereby accept
service of the within Notice and acknowledge to have received a copy thereof.
A tarney s)far P.~.E.~.~.9.~.~.~..
DAVI D L.BARKHURS T and MADELON.........................................................................................................................
.~.~~.~~.~g.~.~.!.~.~.~~~.~.~.l .
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....................·G·:Ze·l't ·i'I·!·..· ·..· ·..··..· · · .
orney for P.g.f§.:n.gg..n.t..
...........................................b~.9Y.:!?.'!::....~,19 ?~.Prothonotary
BOB A.FRANKS,
Enter ID.Y........Appearance for the g.~..f..~ng..?l:n~..t._.~.~.~~.~.!:.9.-~.~.9.~.~.~9..9..~.~.l ;in the above
...............................................................................................................................i:.........................................
JUANITA ZICKEFOOSE EXECUTRIX OF....................................................................1...THE ESTATE OF HACEL C.VANCE,6959 in Equity..E>E.e:El:A:S:Elf>...........................................................................................No ,~XgkX.,
Defendant.
................................................................................................................................................................................................................................................................
..............................................................................................................................................................................................................................................................
To
stated case .
,
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't6959InEqu~xb9x..No ,..
David L.Barkhurst and······MadeToil'···'fi:..···Ba·rKn·urs·t·~nTs··..
......N.;hJ.§..I ..
.............................................................l?lai.nti.f.fs..,...
JUANITA ZIcf~~~OSE EXECUTRIX........................................................................./..
OF THE ESTATE OF HAZEL C.V~
......:v.AN.CE.,DE.CEAS.E.D.,..
Defendant.
PRAECIPE FOR APPEARANCE
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Attorney for Def.endant ..
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IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY ,PENNA.
CIVIL ACTION-EQUITY
.Nn-_~q59 Tn F.auj tv
DAVID L.BARKHURST and
MADELON V.BARKHURST,his
wife,
Plaintiffs,
vs.
JUANITA ZICKEFOOSE,EXECUTRIX
OF THE ESTATE OF HAZEL C.
VANCE,DECEASED,
Defendant.
ANSWER TO COMPLAINT IN EQUITY
and
NEW MATTER
TO:Plaintiffs
You are hereby directed to
plead to the within NEW MATTEI
within twenty (20)days from
the servic~hereC:ff'-O]"a defaul/jtjUdgmen~ay be en~red again~~
you.I 1i:
At~r Defendant
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WRAY G.ZELT III
ATTORNEY AT LAW
23 EAST BEAU STREET
WASHINGTON,PA.15301
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
CIVIL ACTION-EQUITY
DAVID L.BARKHURST And
MADELON V.BARKHURST,his wife,
Plaintiffs,
vs.
JUANITA ZICKEFOOSE,EXECUTRIX OF
THE ESTATE OF HAZEL C.VANCE,
DECEASED,
Defendant.
)
.)
)
)
)
)NO.6959 IN EQUITY
)
)
)
)
)
)
ANSWER.TO ,
.COMPLAINT :IN EQUIT;Y,
AND NOW comes the·defendant,.by her counsel ,.and makes
the following answer to the allegations of the plaintiffs'Com-
plaint:
1.-The allegations of paragraph 1 are admitte~.
2.Paragraph 2 is admitted.
3.Paragraph 3 is admitted.
4.Paragraph 4 is admitted.
5.ParagraphS is admitted.
6.The alleg.ations of .paragraph 6 are denied and,on
the contrary,it is averred that on or about March 20,1974,the
defendant agreed to sell the tract to the plaintiffs for the sum
of $38,000.00 if it did not appear that,after a reasonable effort
a higher offer could be obtained for the tract.
7.Pa~agraph 7 is admitted,however,it is averred that
tge said agreement was later changed by the defendant prior to bei g
, I
signed by either party and it is believed and therefore averred
that the plaintiffs did not agree to the terms of the agreement
as changed;it is further averred that said agreement including
the original and the changed version was only prepared for use in
the contingency that a higher offer was not made for the property
within a reasonable future time.
8.,Paragraph 8.is denied insofar as said allegations
purport to signify that the defendant signed the altered agreement
for the purpose of immediate execution and then and there entering.,
into said agreement or otherwise binding herself to the terms of
the agreement with the plaintiff~.,and,on the contrary,it is
averred that the said altered agreement was signed by the defendan
at the direction of her attorney,JamesR~'I;>onaldson ,Esq.,for th
purpose of accommodation and convenience in the event that higher
offers were not forthcoming and the intention of the defendant at
the time of signing saidSl.agreement was thcitit was not to be used,
promulgated or take effect unless it appeared that a buyer or buye s
at a higher price could not be found and otherwise subject to the
approval of the plaintiffs.
9.Paragraph 9 is denied and,on :ehe contrary,it is
averred that the defendant never advised the plaintiffs that the
agreement had been executed for the purpose of taking effect,it
being the intention and understanding of the defendant at all time
that she did not intend to sell the tract to the plaintiffs unless
it appeared that a higher offer could not be obtained;it is
averred that the plaintiffs did not agree to the alterations made
by the defendant in the agreement.
10.Paragraph 10 is denied and,on the contrary,it is
averred that the plaintiffs did not deliver but rather deposited
- 2 -
•
a check in the amount of $l,OOO.OO·on the premises of the defen-
dant who had not requested the check and who advised the plain-
tiffs that she did not wish to accept the check as a down paym~nt
on the purchase price of the tract under the circumstances.
11.Paragraph 11 is denied,and,on the contrary,it is
averred that the defendant has no knowledge of having been tendere
the purchase price for the tract although it is admitted that the
defendant has refused to convey the premises to the plaintiffs
for the reasons hereinabove stated and for the further reason that
the parties hereto abandDn::ed-.:±h:e.izr decision to buy (or sell)as
hereinabove averred following the receipt of several substantially
higher offers to purchase the tract whereafter the parties began
egotiations between themselves and the other legatees under the
ill of Hazel C.Vance toward a division of the tract among them-
selves.
WHEREFORE,the defendant demands that the suit against
her be dismissed.
NEW MATTER
AND NOW comes the defendant,by her counsel,and avers
in further and full defense to the claim of the plaintiffs that:
12.The allegations of the defendant's answer are hereby
incorporated by reference the same as if they were set forth herei
at length.
13.When the defendant agreed to sell the tract to the
plaintiffs for the sum of $38,OOO~OO,that agreement and all acts
and statements of the defendant thereafter were contingent.upon
the failure of the defendant to receive any higher offers for the,
tract within a reasonable time.
- 3 -
.,••
14.The parties hereto during their neg,otiations and
as a concomitant of the agreement to sell the tract to the
plaintiffs agreed and understood that the sale of the tract,wheth r
to the plaintiffs or other persons,was to be negotiated and trans
acted in accordance with the directions of the Honorable Paul A.
Simmons,Judge of the Orphans'Court of Washington County,Pa.,
hichsaid directions were for the legatees to cooperate with each
other and unless they decided upon a disposition of the tract as
between each other to attempt to obtain the reasonably highest
price possible for the tract.
15.The defendant as well as the legate,es,Nolan T.Vanc
and Robin V.Pettry,acted at all times pertinent hereto in accord
ance with the aforesaid directions of the Court.
16.The plaintiffs abandorediihe:±r decision to purchase
the tract in favor of a division of the tract,inter se,and the
plaintiffs actively participated in attempts to arrive at such a
division of the tract.
17.The suit in equity brought herein by the plaintiffs
against the defendant was done so as an afterthought and in an
effort to frustrate the other legatees.
18.This suit in equity brought by the plaintiffs herein
represents an attempt to capitalize on the sUbject tract to the
detriment of the other l~gatees in the estate of Hazel C.Vance.
19.The plainti£fs brought this suit in equity withoutf
"clean hands".
WHEREFORE,the defendanb·,demands that the suit against
her be dismissed.
_ray G./zeit III
Attorney for Defendant
- 4 -
"•..
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~uJ~~/A-'~OOMMeNWE~TH OF PE~VANIA&~SS:
COUNTY OF·WltSIIIN6'f0N
Before me,the undersigned authority,personally
appeared JUANITA ZICKEFOOSE,who,being duly sworn according to
law,deposes and says th~t the facts set forth in the foregoing
ANSWER TO COMPLAINT IN EQUITY are tr.ueand correct to the best of
her peJisonal knowledge,information·and belief.
SWORN TO and subscribed before me
this ·!O day of August,1974 •
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;tof 'tl1t1ll!lhtllnlll
C!lnuuty nf l1llhtn4iugtnu
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TO THE HONORABLE JUDGE WITHIN NAMED:
OF THEI ~Sf~TEerW~H~tELnC~aVA~CEd:e DE~tK~ED.search ..J..UAN.lIA Zl.CKEEOO.SE.1I E1ECUTRl.X .
............................................................................................................within named could not be found in Washington County,Pennsylvania.
COMPLAINT IN EQUITY
NO.6959 IN EQUITY
INVOICE NO.24964
SHERIFF'S COSTS $15.00
DOCKET 11,PAGE 177
_PAID BY ATTY~FOR PLFF..
So answers,
._~:61~--Deputy Sheriff.
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PRAECIPE FOR APPEARANCE'i,
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•BOB A.FRANKS,PROTHONOTARY:.,..
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.'·,;'Pleas'e ~nt~:,()U:X'appearancefor ·the-Plaintiffs in the.''-..;"
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-'.GREENLEE,RICHMAN,DERRICO &'POSA
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.Date:",..July~lO·~::197~4',:.:;"'~.~'~'~-By:'""~/s1;'Ar'fhtir"M;'Wiis6h"
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.'-in"Equit:;:",lthin tw~nty',(20)days ~.~rOm servip'~hereof of a default
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GREENLEE"RICHMAN,.'DERRICO &POSA
.,,',~,......-"~.-'B~~'/s/,',Arthur 'M.~'WitsQn
'.Attorney~for ·Plaintiffs .
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COMPLAINT ,IN EQUITY......,-.'.
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AND NOW,come.sthe 'above-named 'Plaintiffs,who;.throu9h
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action "~ri',equityof 'which,.
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'-1.ThePla1;n.tiffs',David i..Barkhur~t-,an.d -Madelon V,
th~d.rat~o~neys under~ign~d ,'pring;.this
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the following'is·a stai;ement:'".
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Barkhurst,~e adult ipdividua'ls'wh,o reside,in ';Rqbi~son ToWnship,
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-.'1.".The,Defendant,Juanita .Zickefoose,·i~an adult'
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individual who ·:resides·:1nHanover 'rownship,wash!ngtortCQuhty,..-...-.-~....~~-t
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addtess.:i;s Box 51'R.D~11',·..~-''VI',---;to.~,.
~'.••0-pe~nsY:t:v.ania:;~and·.~wh9s~',post~l
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Weirton,West'Vi;ginia.',:.:',.
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""3."Letter.~:testa:mel'lt8.ry,on -th~Estate ,o,f Hazel c.
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'Vance,dec~ased,.were granted"to the said;Juanlt;a Zicke.foose 'by .
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,th~Regis~er'o£Wili~'~f"'wa:shingt'On county,Pen~SYlvaril~,on
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1"'March 11,1970.4
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,2;ecord'in '~h~'Offic'~of the 'Reg iste~'bt :W~lt'$of~aShing'to~C,?unty,
-~.'.,..follows:',".
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.~•.•,.SECOND:';I :dlrect 'that mY.personal repr,esentativ:e,
.'inaddlt!on-toartdnotiIl<flmitatlohof any authority
" .given.to said'persC>na+representative.by law"'shall
.,have ~the.powerto"sell all''or·any 'part of my real
,estate at ,any time,at either pUblic'o~private sale,
."for"s~ch·price,and'.up~:msuch't::erms ,as 'my pe:rsonal
.A representative,may ,deem best'•.,{..-'.',~.,'
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,".'',;'':5 •.,On.e of .the assets',of sai(;l estate..is·a tract of ·land
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situate 'in'Robinson Town'ship ,Washington County ;Pennsylvania,."---"..".'
1 ~.-;11,..'-co~~ain:i~g'.approximat~~:Y,84 !'438 aC!-,es.
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.f"6.On or about March 20 ;1974;the'Qef,uidant herein
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•>agreed to sellsa'id ~ract:of rand to the Plaint:iffs herein for the.'"....~.:• l ~'I-_',:....._,~
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T ..On M~:t"ch 2r2~'1974,:counsel,for "the Pl~intiffs,and
8.On Marc,h 29,"1974,"the Oefenda1"!t.'executed E$ai,d
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-i..".-fI'.,;-(•.,~'W.f...~..'".'....agreement of sale after hciv±.ng made.;certain .alte'i~tions in ~he
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,a9reement ~f saie under;~which t,h.e ,-Defendant was.t9sell (?ai~tract
~.of land'to·the p~aintiff~'for.tnestun·of,.·S'3.fl ,~Q'O :po .•,"
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of 'the Pl-aip:tif~s~andi~'foi1ned the Pla.intiff's·~'thatsai4a9reem~nt·
of s~ie,~~ad-be'en~x~cuted~,bY her ,\.iitll ~ertain ~i~or ,cha~qes in .
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saidagre¢ment andtbe~Plaintiffs~;agreed't<;>':'~ai~eha":lges •
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10.,,;qn.)\pril 1,~19.74,·.the Plt;tintif~s"de~ive,redto the'
,'D~,fendant t;h~ir'p~,rS6n~l,'C1:l~qk.'No;.,149.in th~.~6~nt o~$1,000.'00
. ,,..:'.'4:.:........~7 .~.,,\'•'.'.,~.•f .,~,..:+•
.as a down:payment'on th~~purchas~,::prie~of,s~i~property.'
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,Plaintiffs hav~tenderedto Defendttnt .the purchase.-~".
"pric~\for'',said premises '~d the,;o,e:fendan:t
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sa.id,prem,i~e~to t.h~·p~~intiff~.:"
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WHEREF()~;.P1~int,iffs pray "that'the -Oefapdant be com--
.'
anded to'spe-cifioally-,per.form said "contra:ct 'of '~al~'and -by good
!,...,f·'..;.'~d~:sUff'~Qi~~t:.deesI~~q!\~·ey:.'~~,a~~1:'E~~p~!d,.premiS~~.w~t.!l.market";
ab;e .title-'€othe?iainti~~'s''in':~~~'$1mple~rid i~9~11Y'sign,seal,
.:~ck~PWle~ge a~d d~liver said deeq.:t:Q t~e Pl~inf~~~~:in'proper'
l~~l~orm;~·~~'ac~~Pt·'th$~~n~i~er~ti~n·there6f:'in cash'which
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the 'Plaint,iffs now hereC?f~!!r:t.and ,9rant.w~atever,other equitable
.x-elfef the ~cou.X't:deems'-necessary.:and proper.t •
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".','BEl"O~·'~,the .undersigned,authoriti"person~lly'
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app~ared,D~~Il)L.JJ~RS~arid:QnELON V.BARKHuRsT,-his wife,
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Who,.being duly sworn accordinqto.,law,,deposes.·and says that the
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fact's'set "fo~t~_intn~,~,for'egoi,n9lJOll1pl~lnt"inEquity "~re,tfue-and
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correct to ,the'b~st()f their'personal knowledge ,.informatrt.in,"J -,~.)':I'~;:.'''"~,•~'~.......~."'.,'~'::~
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SWORN 'to and subscrib~d"before'"..'..',~.'--'-''.
me thi~i 6thda~of·'Jui:y~,-1914)
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Was,b-tngtonCOUJ.l.ty I PenAsylvan~a {''.".
,"~y-~c~iss~o~~Ex~ir~.S:.7!~(;'~/f 76
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V ...'..BARKHURSTj.·h~s
Plaintj,ffs,
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
CIVIL ACTION -EQUITY
JUANITA ZICKEFOOSE,EXECUTRIX
THE ESTATE OF HAZEL C.VANCE,
DECEASED,
..No.6959 IN EQUITY
Defendant.
Plaintiffs,
vs.
DAVID L.BARKHURST and )
MADELON V.BARKHURST,his wife,)
)
)
)
).).
OF )
)
.)
)
)
REPLY TO NEW MATTER
AND NOW,comes the above-named Plaintiffs,who,through
their attorneys undersigned,files a Reply to the Defendant's New
Matter of which the following is a statement:
12.It is admitted that the Defendant has incorporated
her answer into her new matter,but the Plaintiffs deny all
allegations contained in the answer and incorporated into new
matter which are not responsive to the Plaintiff~~complaint.
13.It is denied that the agreement in question and
all acts and statements of the Defendant were contingent upon
failure of the Defendant to receive an offer in excess of
$38,000.00 for the subject tract.
14.It is denied that the negotiation and agreement
between the parties hereto were to be negotiated and transacted
in accordance with any directions of Paul A.Simmons.Defendant
and her counsel knew full well that Defendant had the power to
sell said real estate under thetel:'ri1.s ",of the.:Will of Hazel C.
Vance,deceased,provided that said sale realized a reasonable
'sales price for the estate in question.
'I 15.The Plaintiffs are without sufficient knowledge toi:I admit or deny the averments of Paragraph 15 and proof thereof is
I
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-1-
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demanded at trial.
16.It is specifically denied that the Plaintiffs
ever abandoned their decision to purchase subject tract in favor
of a division of·the tract among the heirs.It is denied that
the Plaintiffs actively participated in an attempt to divide said
tract.
17.It is denied that the Plaintiffs have ~rought the
subject action in an attempt 4to fru.state any other legatees.
18.It is denied that the Plaintiffs have any ulterior
motives in bringing this suit,the sole motive being to force
specific performance on the agreement of sale.
19.It is denied that the Plaintiffs do not have
"clean hands."
WHEREFORE,the Plaintiffs move that judgment be entered
in their favor asset forth in their complaint in equity.
GREENLEE,RICHMAN,DERRICO &POSA
BY:~-ai~
-2-
•
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
)
)SS:
)
•
BEFORE ME,the undersigned authority,personally
appeared DAVID L.BARKHURST and MADELON V.BARKHURST,his wife,
who,being duly sworn according to law,deposes and says that
the facts set forth in the foregoing Reply to New Matter are
true and correct to the best of their knowledge,information
and belief.
~\/~-David L.Barkhurst .
~Al\.·kkHlA~lelonV.Barkhurst
SWORN to and subscribed before
me this:o/~day of August,1974.
Pub11c -Wash1ngton,
County,Pennsylvania
My Commission EXPires:~/a;/.f!?2
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IN THE COURT OF'COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA /
CIVIL ACTION-EQUITY
DAVID L.BARKHURST and )
MADELON V.BARKHURST,his wife,))
Plaintif~)
)
vs.)NO.6959 IN EQUITY
)
JUANITA ZICKEFOOSE,EXECUTRIX )
OF THE ESTATE OF HAZEL C.)
VANCE,DECEASED,))
Defendant.)
.MOTION TO TRANSFER
AND NOW comes the defendant,by her counsel,and moves
your Honorable Court to make an Order directing that the within
proceedings be tran~ferred to the Orphans'Court Division of the
Icourt of Common Pleas by reason of the following facts and cir-
I
cumstances:
1.The issues involved in this suit in equity arise
out of the disposition of a tract of 84 acres which is one of the
assets of the Estate of Hazel C.Vance,deceased.
\"
2.ThP afor~said estate is in the .process of adminis-
tration and certain matters regarding the subject tract of realty
have already been dealt with by the Orphans'court Division.\
3.section 711 of the Probate,Estate~and Fi~ciaries I
Code of Pa.provides that the Orphans'Court Division has mandatorr
power in proceedings involving disposition of real assets of an
estate.
4.The Hazel C.Vance Estate proceedings are docketed
at No.63-70-255.
AND she will ever pray.
Wray GIl
Attor~y for Defendant
....,_....-><'1'.__.....""'~~.._...--..~.......,.-....._,._---........--w ,...,-t·
-,---'.!
.CONSENT
.I,ARTHUR M.WILSON,ESQ.,counsel for the plaintiffs
in the within proceedings,hereby consent to the within Motion to
Transfer•.
j
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t
rom tb'record..~"
;'I"......
,
"
Arthur M.Wilson
Attorney for Plaintiffs
~,..,w ~/1,~i¥'--IJ<-v If7t/-
IT.-..~is f~f lL.~,~rw.r
1)..,,-.:....~7t:...~-.~~1-0 p;7/1 ~.J)(")t7)
I","",-".,.----~"BOB~A;-'FRAHKS Prothonotary--··"
II,......fhl M.J.".....1876
"'.>....',.........."....."""
I
-I
L____~
-,
,-
IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
CIVIL ACTION-EQUITYNo.6959 In Equ;ty -
DAVID L.BARKHURST and
MADELON V.BARKHURST,h/w,
Plaintiffs,
vs.
JUANITA ZICKEFOOSE,Executrix
of the Estate of Hazel C.Vanpe,
Deceased,
Defendant.
MEMORANDUM OF DEFENDANT
WRAY G.ZELTIII
ATTORNEY AT LAW
23 EAST BEAU STREET
WASHINGTON,PA.15301
'\
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
CIVIL ACTION-EQUITY
DAVID L.BARKHURST and )
MADELON V.BARKHURST,his wife,)
)
Plaintiffs,)
)
vs.)No.6959 In Equity
)
JUANITA ZICKEFOOSE,Executrix )
of the Estate of Hazel C.Vance,)
Deceased,)
)
Defendant.)
MEMORANDUM OF
DEFENDANT·
I.FACTUAL BACKGROUND--------------------------------Page 1
II.QUESTION OF LAW PRESENTED-------------------------6
WRAY G.ZELT III,ESQ.
23 East Beau Street
Washington,Pa.15301
j
RE:VANCE ESTATE
FACTUAL BACKGROUND
10/4/74
This suit arises out of the Estate of Hazel C.Vance
-ho died testate on February 12,1970,a resident of Washington
County,Pa.
The estate has not yet been closed.
The plaintiff,Madelon Barkhurst,is one of the residuar
legatees under the Will of Hazel C.Vance.
The defendant,Juanita Zickefoose,is the Executrix of
the Estate and also one of the residuary legatees.
Nolan T.Vance and Robin V.Pettry are the remaining
residual legatees.
A copy of the Last Will and Testament of Hazel C.Vance
is attached hereto and marked Exhibit ,"A".For our purposes,the
ill empowers the personal representative to sell the real estate
forming part of the assets of Hazel C.Vance's Estate:
"SECOND:I direct that my personal representative,
in addition to and not in limitation of any authori~y given
to said personal representative by law,shall have the power
to sell all or any part of my real estate at any time,at
either public or private sale,for such price and upon such
terms as my personal representative may deem best."
The residuary clause of the will reads as follows:
"NINTH:All the rest,residue and remainder of
my estate,real and personal,I give,devise and bequeath
in the following proportions:
(a)1/3rd to my daughter,JUANITA ZICKEFOOSE.
(b)1/3rd to my daughter,MADELON BARKHURST.
(c)1/6th to my grandson,NOLAN THAYER VANCE,son
of W.Thayer Vance.
(d)1/6th to my granddaughter,ROBIN GAYLE VANCE,
daughter of W.Thayer Vance."
The assets of the Estate included two parcels of real
estate:(I)107 acre tract in Hanover Township,Washington County;
(2)84 acre tract in Robinson Township,Washington County.Neithe
of these tracts were specifically devised and both form part of th
assets under the residuary clause of the Will.
Tract No.1 (107 acre in Hanover Township)has been sold
to R.L.Zickefoose for the sum of $13,000.00.R.L.Zickefoose
is the husband of the Executrix,Juanita Zickefoose.Prior to the
sale to R.L.Zickefoose,all of the residuary legatees including
the plaintiffq Madelon Barkhurst and her husband,were given an
opportunity to make an offer on the tract or find other persons who
ight be willing to make a substantial offer.None were found and
it was agreed by and between all of the residuary legatees that th
tract should be sold to R.L.Zickefoose for the sum of $13,000.00
The Executrix presented a petition to the Court for approval of th
said sale and on June 18,1974,the Court per Paul A.Simmons,Jud
approved the sale.
It should be noted that the legatees under the residuary
clause are all interested in the outcome of this suit.They are
all direct d~erldents of the decedent.Tract NO.2 (84 acres in
Robinson Township)was and is known to the legatees as the "home
place".Each of the legatees has a sentimental family attachment
to Tract No.2 and they have evinced a desire to divide the tract
among themselves rather than sell it,so that it would be retained
in the family.
In March,1974,very little progress had been made by
the legatees in their efforts to divide tract No.2.In March,
the plaintiffs herein offered to buy the said tract from the
Executrix for the:"sum of $38,000.00.The Executrix indicated that
- 2 -
she would be willing to sell tract No.2 to the plaintiffs for
$38,000.00 but only after the other two legatees,to wit,Nolan T.
Vance and Robin G.Vance,had had an opportunity to themselves mak
an offer or find an outside party who would be willing to make a
reasonably higher offer for'Tract No.2.
An agreement of sale was drawn up by Attorney
This agreement was presented to the Executrix by her attorney on
or about March 22,1974.The Executrix was unsatisfied with the
terms of the agreement.The terms were then revised by way of
deletion and amendments to the original agreement by Attorney
Donaldson representing the Executrix.On or about March 29,1974,
ttorney Donaldson met with the Executrix and showed her the re-
ised agreement.The Executrix agreed to the terms thereof.
ttorney Donaldson then asked the Executrix to sign the agreement
as a matter of convenience to her (the Executrix lives some distan e
from the offices of Attorney Donaldson in Washington,Pa.)and if
it developed that no higher offers were forthcoming,Attorney
Donaldson could then present the signed agreement to the Barkhurst '
attorney for their approval and signatures.The signed agreement
has never been delivered to the Barkhursts or their attorney.
On or about April 4,1974,the Barkhursts visited the
Executrix at her home and left a $1,000.00 check with her.The
Executrix had not asked for the said 'check nor did she accept it
as a down payment on the Tract No.2.
On or about AprilS,1974,a meeting took place at
ttorney Wilson's office between Attorney Donaldson,Attorney Wils n,
Mr.and Mrs.Zickefoose and the plaintiffs herein.At that time,
the Executrix again indicated her intention not to sell the tract
to the plaintiffs until Nolan and Robin were given an opportunity
- 3 -
,..
to make their own bid or find some other person who would be will-
ing to pay a reasonably higher price for the tract.At this
time,it was believed by the Executrix that tract No.2 might be
worth somewhat more than was'b~ing offered by the plaintiffs
($38,000.00)and neithe~she nor Nolan or Robin should receive
less than they could probably get for the land.
On AprilS,Attorney Donaldson wrote a letter to Attorne
ZeIt wherein it was indicated that Nolan T.Vance and Robin V.
Pettry were being given one week to submit a higher offer on tract
No.2.While the letter seems to indicate that the opportunity
was being given to Nolan and Robin only,it was actually the
Executrix's intention that any sUbstantially higher offer would
be accepted whereupon the plaintiffs herein could have made a
still higher offer or otherwise the tract would be sold for the
highest offer received.A copy of the letter of AprilS,1974,
is attached hereto and ma~ked Exhibit "B".
On or about April 10,1974,Attorney Donaldson received
an offer of $45,000.00 for tract No.2 by John L.Brunner,et al,
Thereafter,a still higher offer in the amount of $48,000.00 was
received by another third party.
Having received the aforesaid offers,the Executrix de-
clined to sell tract No.2 to the plaintiffs for the sum of
$38,000.00.
During the monthsthat followed,the legatees including
the plaintiffs herein met and discussed a division of tract No.2
between themselves.Negotiations took place and the parties went
out to the land itself and attempted to measure off various parcel?
Diagrams were prepared in accordance with a division that seemed
to be agreeable between the legatees.
- 4 -
While the legatees were still attempting to divide
tract No.2,and the plaintiffs had apparently abandoned their in-
entions to buy the entire tract,the plaintiffs suddenly filed
his suit in equity requesting the Court to direct the Executrix
o sell the entire tract No.2 to the plaintiffs.
It is the present desire of the Executrix to sell tract
o.2 to the highest bidder.The Executrix understands that she
eed not necessarily seek out the highest price for the tract,
ut she prefers to do so.
The legatees,Nolan T.Vance and Robin V.Pettry,are
also desirous of selling tract No.2 for the highest price that
ight reasonably be obtained.Neither they nor the Executrix wish
to sell the tract to the plaintiffs for the sum of $38,000.00.
-5-
QUESTION OF LAW
PRESENTED
WHERE A PARTY SIGNS AN AGREEMENT TO SELL A TRACT OF
REALTY AND LEAVES IT WITH HER ATTORNEY AS A CONVENIENCE,HER IN-
TENTION BEING TO NOT ENTER INTO OR BE BOUND BY THE TERMS OF THE
AGREEMENT UNLESS A CERTAIN CONTINGENCY OCCURS,AND THE CONTINGENCY
DOES NOT OCCUR,CAN THE BUYERS FORCE SPECIFIC PERFORMANCE OF THE
AGREEMENT IN A COURT OF·EQUITY.
For a party to enforce the sale of realty there general1,
must be a writing and it'must be signed by the party to be charged
cf.33 P.S.1 et seq.(Statute of Fraud);16 P.L.E.451;Allen v.
Mowry,278 Pa.64 (1923).An actual delivery of the agreement is
not required.Allen v.Mowry,supra.
In our case--putting aside for the moment the issues of
the buyers not having actually seen or ~pproved the revised agree-
ment that was signed and not having made a tender--the agreement
was signed by thepparty to be charged,Juanita Zickefoose,the
Executrix.The agreement was never delivered to the buyers or the r .
attorney.
When the Executrix signed the agreement,she did so at
the request of her attorney as a convenience.It was the inten-
tion of the Executrix that the legatees,Vance and Pettry,were
to be given an opportunity to make a higher offer for the tract or
find others who might do so.If this contingency,to wit,the
appearance of a higher offer,did not occur,then it was the
Executrix's intention to become bound by the terms of the ~gree-
ment and her attorney could deliver it to the buyers'attorney
without her,the Executrix,having to return to her attorney's
office to sign the agreement.
- 6 -
The law of Pennsylvania provides under the foregoing
circumstances that where a seller does not intend to enter into an
agreement at the time of signing it (or as it turned out at any
future time)she cannot be bound by having signed the agreement fo
a reason inconsistent with immediate effectiveness.This sensible
concept was reaffirmed and stated set forth in Allen v.Mowry,
supra:
"The meeting-·of the minds of the parties is
the contract and the writing the evidence to make it
enforceable (McHale v.Reilly,274 Pa.175,178);
physical delivery is not necessary;it must,however,
appear that what was done was intended by the parties
as a complete agreement (Witman v.Reading,191 Pa.
134,140)."
It might be noted that the court in Allen v.Mowry,
supra,also recognized that where,as in our case,a condition
precedent must occur the agreement was not enforceable.
While involving the delivery of a deed rather than a
contract to sell land,the case of Fiore v.Fiore,405 Pa.303
(1961),is applicable to our case by way of illustrating the
importance of the intent of a party in performing one of the acts
necessary for the legal effectiveness of the transaction.In
Fiore,although the grantor had signed the deed and had given
possession thereof to the attorney for the grantee,it was held
that the grantor had not intended delivery to the grantee at that
time.The court stated at page 306:
"It (the deed)may be placed in the possession
of a third party for delivery to the grantee upon the
happening of a specified contingency.In such cases,
the legal delivery date is that when the donor effectu-
ated his intention:(citations omitted)."
By analogy to the Fiore case,in our case the grantor
did sign the agreement,however,had not yet intended that it take
- 7 -
the effect of binding her to the terms ,of the agreement and as in
iore,she never did evince this intention.
In'McHale v.Reilly,supra,the plaintiffs brought suit
for specific performance of a contract for the sale of land.The
court,after finding that an intention by the buyers to sell did
not exist,made the following statement:
"Specific performance is of grace and not of
right;hence the Chancellor will refuse it whenever from
any cause it would be inequitable so to decree."
The inequity of granting specific performance to the
plaintiffs in our case is readily observable:The legatees,
namely,Zickefoose,Vance and Pettry,who under the will are
entitled to share two-thirds of the proceeds from the sale of the
real estate,will receive considerably less if the tract is sold
to the plaintiffs for $38,000.00 than if it is sold even at the
highest offer found after only several days of trying,$48,000.00.
CONCLUSION
The plaintiffs in this case are favored neither by the
law nor the equities.They seek to obtain a tract of land at a
bargain price,to the detriment of their relatives and contrary
to the intention of their common ancestor,Hazel C.Vance,whose
intention is manifested in her Will seemed to be to have her
survivors share the proceeds of her estate in certain designated
proportions.In contradistinction to the plaintiffs,the other
legatees under the will of Hazel C.Vance have attempted to co-
operate with each other towards the division or sale of the real
estate.
- 8 -
sentative may deem best.
,.
itUitt JIill ana Qf~~tamcnt.
:\r",;SECO~~:I direct that my personal representative,in addition to and not
'i,...'I
in 17",itS<1on of any authority gLven to.aid pe~~onal ~ep~esentatLveby la...ahaul
h':1ve th,e .power to sell all or any part of my real estate at any time,at either.'I
public or private sale,for such price and upon such terms as my~ersonal-repre.I
I
'j
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I,HAZEL ~~~~CE,also known as MRS._~~.._~.:.VANC~,of Rob1nson Tow.sh1p.i
l
Washington .County,Pennsylvania,P.O.Address,R.D.iil,Bulger,pennsylvania'<!0l --";.-
'1
hereby make my Last Will and Testament and revoke all Wills by me at any time heJ:'e~.!
\tofore I1Ulde.....f .I FIRST:I dL~ect that my fpne~al expenses and the expens.s of "'"laot Uli
!ness be paid as soon as may be convenient after my decease.
!I
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tHIRD: I give the sum of $1,000.00 to my sister,MARJORIE C.WEIGEL.
I
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..
FOURTH:.I give the sum of $1,000.00 to my sister,VALJEAN WILSON.
FIFTH:I give the sum of $1,000.00 to my sister,ADA C.:FISCUS.
SIXTH:I give the sum of $500.00 to my aunt,BERTHA C.GLASPEY,pro-
viding she survives me.
SEVENTH:'I give the sum of $500.00 to my aunt,FLORENCE H.WEST,pro~
(.'"
l/6th to my granddaughter,ROBIN CAYLE VANCE,daughter of W.
l/3rd to my daughter,MADELON BARKHURST.
1/3rd to'my daughter,JUANITA ZICKEFOOSE.
(d)
(b)
(a)
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I
III,
i
(c)1/6th to my grandson,NOLANntAYER VANCE,son of W.Thayer Vanc~.
II
Thayer Vance.I.'I
TENTH:I nominate and appoint JUANITA ZICKEFOOSE Guardian of the estate I
I
ELEVENn!J.X nomi~~e and ap~oint IWlELON llAlUQIIlRST c~~.an of tho 08-1
tate of ROBIN CAYLE VANCE.
of NOUN THAYER VANCE.;
II
I
EIGHTH:,I give the sUm of $200.00 to PORTERSVILLE CEMETERY,the same to I
be used fo~the ca~e of the g~avesof my pa~ents,b~othar an<!alste~,......ly w.H.I
(I
Covert,Ada Covert,Philo Covert and Pauline Covert.
NINTH:All the ~e.t,~e.Ldue an<!~amainde~of my estate,~eal aadpar-IIii
viding .she survives me.
iI .onal.I giv.,devise and bequeath in the following propo~tion.:.
I
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day of NovemheX',1965.
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'lWELFTII:I nominate,constitut;e anda,ppoint;my daughter,JUANI~4 ZIC~~t
..'!
FOOSE,Executrix of this my Last Will and Testam~nt,and in ,the event of her death~",",,,,:I
in~1>ilitl'or refusal to act I n0D>1nate.constitute an<l.a~l'otnt_IWlELONlWUQWRS;l'-I
Executrix of this my Last Wi,11 and Testament.''I..''.I
IN WITNESS WHEREOF~"I have hereunto se~,my hand.·and seale,this -----:'-,\
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'j_~_,__,.~<..;..~_~...;.','-.-(~~:::::az~e"::-l-:::c":;~~V~.~;";;'.~~~e~'<:;;:'-e-J;;;;;;••'=...·.:o::s.:;;".,•••_.·........-<SEAL)j
,,,',:I·7~;'W,:~,Vct~--i?_.".<SEAL)"'!'
,(Mrs.W.I).V&nce)l
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.Signed,sealed,pub~i8hedand declared by the above named Testatrix,as
and for her Last Will and Testament,in the presence of us,who;at her request,,.-..
II:
III\II
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in,her presence,and in the presence of each other,have hereunto subscribed our'I
names 8S witnesses theX'eto.f
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III
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e\JR<;rn$TOW1:'!orf'j$"i;~'r".,.
ME:llON ~T\.a,ANKMill TRUST eltly~eURGE;TTSTOW~,PE:tjt~SVI,\lAN~150j!1~~~~'~~
";-."~",j'.
truly yours,
iJAME:S flDoNALO~OI'J
"ATTO/-1N1:,:'(..~~.LAW",
•.614 WASHINGTON TRUST'8UfL.~ING'NASHIt;J~TON.PENNS~L.VAI\J,IA'
Art:hur H.lJilson,.·I!:sq.
Hi:s.JuanitaZickefoose
'eel
~..'
This.is to notify .you ..,
,h~s a firm oHerof $38:000.00'for the Robinson
Mrs.David Barkhurst~·.
~r~y G.Zelt!ll
;Attorney at LaVl.
23 Ea,st Beau Street,,,("
Washingtont ,pennsylvania15301
,,;pear,\vt'ay:
1,Mrs.Zickefoose is .not interested in ,paying more
"fQrthc'farm•.If-r s •,Ziclte,#oose know$of nQ<,ot\l~rindividual,whowill P~Y'<'
m9ie for the'farrn~~Un16ss'we';hearf1:omyou~ito 'theeff~ct 'that:·your CU,~ltl;>,,~:,Pi},or clients,'is or ,ar~w1~lingto,P<iY more'Jor the.:farmtit is'o.ur intentioI{""
,;to sell the saIne to Mr.ana Mrs.Barkhurst"f01:·*J~tOOQ.oo.t:""-
We \>Till expect ar~plybyApril'12th;197L••
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I
IN THE COURT OF CONMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
CIVIL ACTION -LAW
DAVID L.BARKHURST and
MADELON V.BARKHURST,
his wife,
Plaintitfs,
vs.
JUANITA ZICKEFOOSE,
Executrix of the Estate
of HAZEL C.VANCE,
Deceased,
Defendant.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
NO.6959 IN EQUITY
.-~-,--
o<l ~~
4-
DEPOSITION OF JUANITA ZICKEFOOSE
<::::P
;;-Taken on FRIDAY,SEPTEMBER 13,1974,at 9:45 o'clock A.M.
-~?t the Law Offices of Greenlee,Richman,Derrico &Posa,
~325 Washington Trust Building,Washington,Pennsylvania,
at the instance of the plaintiffs herein,before CAROLE N.
BECK,Stenographer-Notary Public.
I.I
~
- -I"
L ....:
,",
APPEARANCES:Arthur M.Wilson,Esquire,
representing the plaintiffs.
Wray G.ZeIt,III,Esquire,and
James R.Donaldson,Esquire,
representing the defendant•
* * * * * * * * * * *
AND NOW,this /8 day of -November,1974,I hereby acknowledge
receipt of the sum of $58.20 for the original within deposition from
Arthur M.Wilscn,Esquire,Attorney for Plaintiffs.
, II
I
IN THE COURT OF COMMON PLEAS OF lAJASHINGfON COUNTY,PENNSYLVANIA
CIVIL ACTION -LAW
<.
DAVID L.BARKHURST and
MADELON V0 BARKIIDRST ~J
his wife,
P1aintitfs,
vs.
JUANITA ZICKEFOOSE,
Executrix of the Estate
of HAZEL C.VANCE,
Deceased,
Defendant.
)
)
)
)
)
)
)NO.6959 IN EQUITY
)
)
)
)
~.
)
DEPOSITION OF DAVID L.BARKHURST
raken on FRIDAY,SEPTEMBER 13,1974,at 11:10 o'clock
A.M.at the Law Offices of Greenlee,Richman,Derrico&Posa,325 Washington Trust Building,Washington,
Pennsylvania,at the instance of the defendant herein,
before CAROLE N.BECK,Stenographer-Notary Public.
L "APPEARANCES:Arthur M.Wilson,'Esquire,
representing the plaintiffs.
"
Wray G.Ze1t,III,Esquire,
and James R.Donaldson,Esquire,
representing the defendant.
********
.,.'_..AND NOW,.this /8.day of November,1974,I hereby acknowledge
receipt of the Sum o,f $48.30 for the original within'deposition from Wray
G.Zeit,III,EsquiFe,Attorney for Defendant.
•BECK,Stenographer-Notary Public
PETITION FOR APPROVAL OF PRIVATE
IN THE COURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
NO.63-70-255
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R.DONALDSON
ATTORNEY AT LAW
WASHINGTON TRUST BUILDING
ASHINGTON.PENNSYLVANIA
1/A7.-JJO
IN RE:
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased.
SALE OF REAL ESTATE TO PERSONAL RE-
PRESENTATIVE UNDER AUTHORITY CON-
TAINED IN THE PROBATE.ESTATES AND
FIDUCIARIES CODE
'",
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS I COURT DIVISION
)
IN RE:
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased.
)
(
)
(
NO.63-70-255
PETITION FOR APPROVAL OF PRIVATE SALE OF REAL ESTATE TO
PERSONAL.REPRESENTATIVE.UNDER AUTHORITY
CONTAINED IN THE PROBATE.ESTATES.AND FIDUCIARIES CODE,-:-..."...~.'.
;/TO THE HONORABLE,PAUL A.SIMMONS,JUDGE ,9F SAID COURT:
..
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The Petition.of JUANITA ZICKEFOOSE resp~~tfully represents:.r P
1.your petitioner is the Executrix of the Estate of HAZEL C.VANCE,a/kja
MRS.W.D.VANCE,late of Robinson Township,washington County,pennsylvania.
2.HAZEL C.VANCE,a/k/a MRS.W.D.VANCE,died February 12,1970,and Letters
Testamentary were granted to your petitioner on March 11,1970.
3.The only parties interested under the Intestate Law or as beneficiaries in
the Wi 11 are:
(a)Under Intestate Law:
JUANI~ZICKEFOOSE
MADELON BARKHURST
NOLAN THAYER VANCE
ROBIN GAYLE VANCE
(b)As beneficiaries under the Will:
JUANITA ZICKEFOOSE
MADELON BARKHURST
NOLAN THAYER VANCE
ROBIN GAYLE VANCE
MARJORIE C.WEIGEL
VALJEAN WILSON
ADA C.FISCUS
BERTHA C.GLASPEY
Daughter
Daughter
Grandson
Granddaughter
Daughter
Daughter
Grandson
Granddaughter
Sister
Sister
Sister
Aunt
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FLORENCE H.WEST Aunt
PORTERSVILLE CEMETERY
4.The real estate which is the subject of this petition is described as follows:
ALL that certain tract of land situate in Hanover Township,Wash-
ington County,pennsylvania,bounded and described as follows:
BEGINNING at a dogwood tree;thence by lands of R.L.Zickefoose,
formerly Alexander Mccausland,North 66~o East 16 perches to a stone;
thence North 16°West 15 perches to a stone;thence North 77 3/40 East
77~perches to a stone;thence by lands now or formerly ·of Gilbert
McCuen,South 1/20 East 239 perches to a stone;thence by lands now or
formerly of William S.Ralston,North 89~0 West 34~perches to a stone;
thence by lands now or formerly of Reuben Freshwater,North 4~0 East 5
perches to a stone;thence North 29~0 West 65 perches to a stone;thence
North 44 0 West 34 perches to a birch tree;thence North 1/2 0 East 114.6
perches to the place of beginning.CONTAINING 107 Acres,12 Perches.
5.The above described real estate is one of two tracts of real estate of which
the decedent died seized.The second tract contains 84.438 Acres,situate in Robinson
Township,Washington County,Pennsylvania,and is the more valuable tract of land.
6.No real estate has been sold by your petitioner.
7.Attached hereto are official certificate of the assessed valuation of the pro-
perty proposed to be sold,marked EXHIBIT !tA!t,aqd copy of the Inventory filed,marked
EXHIBIT tfBtf •
8.'All of the known debts of the decedent have been paid.
9.The Executrix's conunission,the Attorney's fee and all of the pecuniary
legacies are unpaid.The balance of the cash in the hands of the Executrix is insuffi-
cient to pay the legacies,expenses and taxes which are estimated to be as follows:
Executrix's Conunission $2,800.00
Attorney's Fee 3,000.00
Legacies 4,200.00
Balance Inheritance Tax 3,000.00
Additional Costs 200.00
$13,200.00
Cash in hands of Executrix 5,400.00
Additional cash needed for distribution $7,800.00
10.G.Herschel Feth7~lin'has appraised the real estate proposed to be sold for
$10,700.00,and the Robins~n T~wns~~p'prop~rty for $28,000.00.
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11.Item SECOND of the Wil1r~f 1ecedent directed your petitioner to sell all or
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,.any part of the ~eal estate at any time.,A copy o;fthe Will is attached,marked EXHIBIT
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12.Your petitioner.is willing to and will purchase the 107 Acre tract in Han-
over Township,Washington County,Pennsylvania,for $10,700.00 cash,and will pay for
one-half the Transfer Stamps on the deed.
13.The proposed sale will provide sufficient cash with which to complete the
administration of the estate and will leave the more valuable land to be distributed to
the several legatees.
14.The proposed purchase and transfer.of the real estate will be to the ad-
vantage of all parties.
WHEREFORE,your petitioner prays your Honorable Court to approve the offer of your
petitioner and the proposed sale of the real estate to her,and further prays for an
Order directing the Clerk of the Orphans'Court to make,execute and deliver a ,deed for
said property.
And she will ever pray,etc.
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COMMONHEALTH OF PENNSYLVANIA )
COUNTY OF WASHINGTON (
SS:
Personally appeared before me,a Notary Public in and for said County and
State,JUANITA ZICKEFOOSE,who,being duly sworn according to law,deposes and says
that the facts set forth in the foregoing Petition are true and correct.
Sworn to and subscribed
before me this
day of February,1974.
~J£~yl ~lf~~J,l-""6..~~~-'-"/~=U,"-\1----
Washington,Washington/county,Pa.
My Commission Expires Mar.26,1977
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IN THE COURT OF 'COMMON PLEAS OF WASHINGTON COUNTY),:PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased.
)
(
)
(
o R D E R
NO.63-70-255
AND NOW,W~UJf-SI{6,'1974)upon consideration of the within Petition and on
motion of JAMES R.DONALDSON,Attorney for the estate,IT IS ORDERED that notice of the
proposed sale be given to each party interested as an heir at law or legatee,either b~
personal service or by mailing a copy of the petition and this Order to the last known
address by Certified Mail,the notice of said sale to include notice that favorable
action on the petition will be taken by the Court on the 1:7-t5J day of ttA-£<:!.1-1
1974,at ~:~o'clock~.M.,unless written objections to the sale are filed with
~the Court on or before the ;Z fi -::::::-day of .frB ilu t1 fl-Y ,1974;notice to be served 'at
least ten (10)days prior to the time for filing written objections.
By the Court,
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Assessment (lTrrttftrutr
WASHINGTON COUNTY,PENNSYLVANIA
OFFICE OF THE BOARD FOR THE ASSESSMENT AND REVISION OF TAXES
/,
Feb.4,74Washington,Pa.19 _
This is to certify that the following is a full,true and correct transcript of the assessment of property
taxable for county purposes,as shown by the books of records in this office,at the above date,for the tax
year 1974 ,assessed in the district ofHanover
300
1,285
in the name of Vance William D &Hazel C
R D 1
Bulger,Pa.15019
0907-0149
1 sty fr bUilding
107~07 acres land 1,585
BOARD FOR THE ASSESSMENT
AND REVISION OF TAXES
By Merico Lignalli
gm
(SEAL)
EXHIBIT "A"
Chief Assessor.
·."
Notary Public
JUANITA ZICKEFOOSE,
s~~S.W.D.VANCE,!~ZEL C.VANCE,a/k/a
HAZEL C.VANCE \
15th
October 73.Is/Juanita Zickefoose
lsi Edith L.Dague
(NOTARIAL SEAL)
D~tc of death February 12,1970.
HAZI~J..l C.VAI~CE,
f!"1"H~W D Vi\t:r....'j;'a/k/a..!;''''·• • .tv.....,Robinson To~:nship.
PERSONAl.!PROPERTY.
1 Kev?brooa
3 lawn chairs
1 Electric stove
20 00
SO 00
50 00
3 00
20 00
?00....
15 00
CJ 00~.
1"\00~
2 00
15 00
20 00
2 00
8 00
5 CO
2 00
5 00
<-000
(Elcctl"olux)
1 Enamol top table
1 step L\dd~r
1 Rinse tub (galvanized steel)
I ~~etal stand
1 Porch glider (~ood)
1 Stop stool
~"~../1 ~lecvr~c sweeper
1 E2tal stool
1 Pin up lar.1p
1 Electric Clock
1 Deedfl'eeze
1 Round table ~ith 6 matching chairs
1 refrigerator
EXHIBIT liB"
1 Green lounge chair with ottoman
1 Matching couch and chair
1 Piano bench
1 Carpet with 2 runners
1 Television with stand
3 Cushions
1 Pin up lamp
1 Carpet with 2 runners &matching stair runner
I Small vanity and bench
1 Double bed
1 Dresser
3 Carpets
2 Double beds
-1 Night stand
1 Dresser with mirror
1 ~droom chair
1 Writing table
Kitchen miscellaneous
1 Farmall cub tractor with 42"rotary mower,5'sickle
mower,12"plow
1 28'Extension ladder (wood)
Miscellaneous tools
Cash on hand
ChClcking Account,Bantt of Weirton
20.00
35.00
5.00
40.00
30.00
3.00
2.00
20.00
8.00
15.00
10.00
27.00
20.00
5.00
15.00
5.00
10.00
30.00:
325.00
25.00
30.00
51.00
4,933.66
Savings Account,First Federal s~vings &Loun-~aGhington 5,000.00
Tract of land S:ttuD.te in Robinson TO\'?i!zhip,Washington
County,Pennsylvania,contnining 84.438 Acres,upon
which is erected a t'ii;O story frame house and barn,
Deed Book 907,page 149
Trnct of l&nd situnte in Hanover Township,Washington
38,000.00
County,Pennsylvania,containing 107 Acres,12 Perches,
upon uhich is erected a one story frame building,
Deed £:ook 907,page 14.9
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I,HAZEL C.VANCE,also known as-MRS.W.D.VANCE,of Robinson Township,
Washington County,Pennsylvania,P.o.Address,R.D.Ill,Bulger,Pennsylvania,dOl
hereby m~,e my Last Will and Testament and revoke all Wills by me at any time here-
tofore made.
FIRST:I direct that my funeral expenses and the expenses of my last i11-
ness be paid as soon as may be convenient after my decease.
SECOND:I direct that my personal representative,in addition to and not
in limitation of any authority given to said personal representative by law,shall
have the power to sell all or any part of my real estate at any time,at either
public or private sa~e,for such price and upon such terms as my personal repre-
sentative may deem best.
THIRD:I give the sum of $1,000.00 to my sister,VJlRJORIE C.WEIGEL.
FOURTH:.I give the sum of $l,QOO.OO to my sister,VALJEAN WILSON.
FIFTH:I g~ve the sum of $1,000.00 to my sister,ADA C.FISCUS.
SIXTH:I give the sum of $500.00.to my aunt,BERTHA C.GL4SPEY,pro-
viding she survives me.
SEVENTH:I give the sum of $500 •.00 to my aunt,FLORENCE H.WEST,pro-
viding she survives me.
EIGHTH:I give the sum of $200~00 to PORTERSVILLE CEMETERY,the same to
be used for the care of the graves of my parents,'brother and sister,namely W.H.
Covert,Ada Covert,PhilO'\Covert and Pauline Covert.
NlhTH:All the rest,residue and remainder of my estate,real and per-
sona1,I give,devise and bequeath in the following proportions:
(a)1/3rd to my daughter,JUANITA ZICKEFOOSE.
(b)1/3rd to my daughter,MADELON BARKHURST..
(c)1/6th to my grandson,NOLAN THAYER VA.~CE,son of W.Thayer Vance:.
(d)1/6th to my granddaughter,ROBIN GAYLE VANCE,daughter of t.J.
Thayer Vance.
TENTH:I nominate and appoint JUAh~TA ZICKEFOOSE Guardian of the estate
of NOLAN THAYER VANCE.
ELEVENTH:I nominate and appoint MADELON BARKHURST Guardian of the es-
tate of ROBIN GAYLE VANCE.
-1-
EXHIBIT "c"
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Executrix of this my Last Will and Testament•
I
TWELFTH:I nominate,constitute and appoint my daughter,JUANITA ZICKE.!I
FOOSE,Executrix of this my Last Will and Testament,and in.the event of herdeathJ.......I
inability or refusal to act I nominate,constitute and appoint MADELON BARlCHURST I
I·
IN WITNESS '{HEREOF,I have hereunto set my hand and seal this __~~!.,
",..i.
day of November,1965 •
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II
.·71.:vz~(f/;'C/,Viz/vcA.-£-?--(SEAL)
(Mrs."W.D.Vance)I
Signed,sealed,published and declared by the above named Testatrix,as
c:nd for her Last Will and Testament,·in the presence .0£us,\vho,at her request,
"in her presence,and in the presence of each other,have hereunto subscribed our
names as witnesses thereto.
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63-70-255No.,__~__--=...:;_ESTATE OF
Hazel C.Vance,a/k/a In the matter of the First and Partial
Mrs.W.D.Vance,
Deceased.
Account of Juanita Zickefoose,
Executrix..
ADJUDICATION AND DECREE
An now FebruarY /9'-cd ,19~,this matter came on for hearing,
audit arid distribution of this session and testimony taken;and thereupon,upon due consideration
ther09f of t~bcUance for distribution in the hands of.the Ac.countan~is deter~i~ed to be
$2.-0,37'1,65-and the account IS ,accordingly confirmed;and It IS ordered,
adjudged and decreed that the said balance be paid out by the Accountant in accordance with the
schedule of distribution hereto attached 'and made a part hereof,unless exceptions hereto,be filed
sec.reg.or an appeal be taken herefrom sec.leg.'7
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SCHEDULE OF DISTRIBUTION
Balance per account.1
A~ditioDal Credit -Audit 1000.00
$$1,37$•6.5'
Balance:1
Deduct Clerk's Costs &Receipt::i-s 1
Attorney'_----=J--=a:.::m=e-=s:..-.-:.R:..!.---=D:...::o:.:.:D:...=a:..=l:...=d:.:::s:...::o..=n=---1
Residue-rea:warded to Juanita Zickefoose,Ex"
ecutrix,for furthur.accounting including real
estate appraised at $44,000.00,furniture a.p-
praised at $942.00 and savings account at First
Federal Savings &Loan Association of Wa.shingtoI
$$000.00....
50 323•.2.,2
No balance
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IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISIONNo.63-70-255
IN RE:ESTATE OF HAZEL
C.VANCE,a/k/a MRS.W.
D.VANCE,Deceased
OBJECTIONS TO PETITION FOR
PRIVATE SALE OF REAL ESTATE
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WRAY G.ZELT III
ATTORNEY AT LAW
23 EAST BEAU STREET
WASHINGTON.PA.15301
J~1-LJ~
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF )
)
HAZEL C.VANCE,a/k/a )No.63-70-255
)
MRS.W.D.VANCE,Deceased )
OBJECTIONS TO PETITION FOR PRIVATE
..SALE·0F:REAL ESTATE
AND NOW comes Nolan T.Vance,by his counsel,and makes
the following objections to the pet-tion of Juanita Zickefoose to
purchase 107 acres of realty forming one of the assets in the
above captioned estate.
The following reasons are given in support of these
objections:
1.It is believed and therefore averred that a higher
price can be obtained for the realty in question than the offer
of $10,700.00.
2.Your respondent himself knows of several parties
interested in purcha~ing the realty who have expressed a willing-
ness and ability to pay in excess of the offer of $10,700.00.
3.Your respondent will pay and hereby offers to pay
the sum of $lt,200.00 for the said realty.
4.Your respondent believes and therefore avers it
would be in the best interest of the estate and persons intereste
therein if the said realty is put up for sale in such a fashion
that interested parties can be informed of the time and place of
the sale and bid on-the realty•..'
)
NOW THEREFORE,your respondent requests your Honorable
Court to deny the petition to sell the 107 acres to Juanita
Zickefoose and make an Order in accordance with the objections
filed herewith.
- 2 -
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Wray G.~el tIll
Attorne for Respondent
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
)
)SS:
)
Before me,the undersigned authority,personally
appeared NOLAN T.VANCE,who,being duly sworn according to law,
deposes and says that the facts set forth in the foregoing
Objections are true and correct to the best of his personal
knowledge,information and belief.
Nolan T.Vance
SWORN TO and subscribed before me
this db d..day of February,1974.
I'
IN THE COURT OF COMMON ·PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS COURT DIVISION
No.63-70-255
IN RE:ESTATE OF HAZEL C.
VANCE,a/k/a MRS.W.D.
VANCE,Deceased
PETITION OF LEGATEE FOR THE
PURCHASE OF 8~.438 ACRES IN
ROBINSON TOWNSHIP
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WRAY G.ZELT III
ATTORNEY AT LAW
23 EAST BEAU STREET
WASHINGTON.PA.15301
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF )
)
HAZEL C.VANCE,a/k/a )No.63-70-255
)
MRS.W.D.VANCE,Deceased )
PETITION OF LEGATEE FOR THE
PURCHASE OF8',L:4J8ACRES 'IN :ROB'INSON :TOWNSHIP
AND NOW comes your petitioner,Nolan T.Vance,and
avers that:
1.The Estate of Hazel C.Vance contains as an asset
thereof 84.438 acres of realty which has been duly appraised by
G.Herschel Fetherlin at $28,000.00.
2.Your petitioner is a legatee under the will of
the decedent and otherwise wishes to and hereby does make an
offer to purchase the said 84.438 acres for the sum of $28,000.00.
3.Your petitioner believes that ~heraforesaid offer
is fair and reasonable 'and that the Executrix has the power to
sell realty in the estate of HazelC.Vance and your petitioner
therefore requests the Court to make an Order directing the
Executrix to sell the said realty to him.
J
And he will ever pray.
",
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
)
)SS:
)
Before me,the undersigned authority,personally
appeared NOLAN T.VANCE,who,being duly sworn according to law,
deposes and says that the facts set forth in the foregoing Peti-
tion are true and correct to the best of his personal knowledge,
information and belief •
.~.?C~., r 'k . '..''...,.
SWORN to and subscribed before me
this lif cL day of March,1974.
,.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
HAZEL ,C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased
IN RE:ESTATE OF }
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No.63-70-255
o R DE'R '
AND NOW,this 'day of _',197~,upon
consideration of the pe~ition o'f Nolan T.Vance for the purchase
of 84.438 acres of realty forming one of the assets of the estate
of Hazel C.Vance,
IT IS HEREBY ORDERED AND DECREED that the Executrix of
the Estate of Hazel C.Vance,to wit,Juanita Zickefoose,be and
hereby is directed to sell the aforesaid 84.438 acres of realty
to Nolan T.Vance for the sumcof$unless objection---------------
are filed by any other legatee or interested parties on or prior
to the day of __________,1974.
BY THE COURT,
J.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANSt COURT DIVISION
No.63-70-255
)
)
)
)
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)
)
)
THE HONORABLE PAUL A.SIMMONS,Judge of
the said Cour,t.
JAMES R.,DONALDSON,ESQ.,of Washington
Pa.,repre senting the Accountant ,.
WRAY G.ZELT,III,ESQ.,of Washington,
Pa.,representing Nolan Thayer Vance an
Robin Vance Pettrv.
',';,'\T,u.esdaiT,March 12,1974,at 2:00 ofcloc
l ,.P·:M.,.
...,.:~\~RTH.~.~,n,SqN;.~ESQ'.,of Washington,Pa.
...~.f.,IJ..repre senting'Made Ion Barkhurst •
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IN RE:
ESTATE OF
HAZEL C.VANCE,a/k/a
~~MRS.W;D.VANCE,
..J>-~Deceased.z .
\&III.
z·oI-~HEARING ON PETITION FOR APPROVAL OF PRIVATE SALE OF
~REAL ESTATE TO PERSONAL REPRESENTATIVE UNDER
~AUTHORITY CONTAINED·IN THE PROBATE ESTATES AND FIDUC IARJES CO E
.:~0:I-1/1Ci
~BEFORE:
uc:J..,
::t...l;APPEARANCES:
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JACQUELINE HAMMOND
Official Court Reporter
Orphans t Court Division
MR.DONALDSON:Ma,r it please the Court,this is the time
set for.the Court to take action on the Petition of
And I call the .Courtts attention to the
that a higher price can be obtained for the realtu in
legatees.
the Executrix to purchase'a certain real estate.I
2)Your
This proceeding is
question than the offer of $10,700.00.
sufficient for that.purpose.
under Section 3356 of the Probate ,Estate and FiduciariES
Act,which provides the method for a sale where the
personal representative is the proposed purchaser.
.Prior to Februar,r 2C3,objections to the
Petition were filed b,r Nolan T.vance,who set forth ir
his reasons 1)It is believed and therefore averred
mo,ne'r with which to pa,r the legatees.And the bid was
fact that the reason for this sale was to secure sufficient
,
she was.awa u from home.She is one of the several
.,
have here an Affidavit of Service of Notice required
b,r the Court,which has been served more than ten daus
prior to Fe.bruar'r 2C3th on ever,rbod,r except Mrs.ValJear
Wilson.Hers was delivered on March 7th.I understanc
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inessi anCi,a1?i"+it,r:to·'p'a'r .in ,exce'ss 'of.'~the·offer of
$10,700.00."And 3)Your respondent will pay and~..
herebir offer's to pay'-the "sUm of $11,200.00 for the saie
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I have asked for the names of the parties
which were the several',parties interested in purchasin~
the real estate.We dontt know of anv except,the offe.r
of $11,200.00 from Mr.'Nolan T.Vance.On March 7th,
under date of March 7th,'I should sa,r,I received a
letter from Mr.ZeIt,advising me that he believes his
client,Nolan T.Vance,is acting as agent for the
Wqshington',Counbr .4 x 4 ,Club,which is a general group ••
for the Courtts information,this group has a bunch of
jeeps,how man,r,I don t t know,and the,r want a tract
of land to ride over it roughl,r and tear it apart •
.,Basi?all'T,.the Executrix feels that is not proper use
of the real estate •.:('.'
,,'""~'/~"~~./.Under-tqe,Will,_"as..¥our Honor will recoIl ct,
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•r1 4.."~(t,~-'''''.~..._i J ,Y..1 I;,.'.,':-1".,J·1 I·~-'So \,.'5:-"t.4..~,she has 'the~authorlty to make sale.In addition to
-1~·t..~,tu@;there is a pqwer for the Executrix to make sale
':''tt-...".,.,~"(.j~.rlder~,'s,~9t:t'on '3351 of the Probate,Estate and Fiduciari ~s
tAc,t.The.,provision for public sale is :,in Section 3353I~f-l·\H ~'4 }~'lJt\~,.......;-.
of the Act.And we are not 'proceeding under that.
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the highest possible amount 'for the estate.
MR.DONALDSON:.That is correct;Your Honor.
So if she wants this property for other
people interested in it,she is_going to have to bid
for it:
-----------------------;,-----------------
MR.DONALDSON:Do I understand we are going into a biddir g
proposition at this time?
TErn COUR'r:It seems to me ,rOU are going to have to
do it'if 'these people are intere sted.She has a dut,r t•get the hig1}.est price she can get for"it.
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believes that in anv event,$10,700.00 is a fair
That is up to the Executrix.
Just a second now.She has proposed to
We know this,that Mrs.Juanita ZickefoosE
Well,if that is the position,your Honor
Honor,the're',should be adyertising of the sale so tha t
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all pa~t~e-~,~~~~~,}~O~.r'flOt just a few hand-picked,
it would appear tplme:",~",•~.<''1..',\.,,.','
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~price.So anvthing over and above that,the highest
~l'"price we c'an ge'~for it,:}I ~hiilk>we sho:uld get.t;~t ""':.,'~,4 -t _:',/-:'",,:t .I...,~'\'J,,~J 't'-''"
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come in here with a private sale,'and as I understand
it,she wants to buy it herself.,Now under the circum-
stances,it would seem to me that other interested
parties who know about this could come in and it would
seem to me thev would have a right to propose a price
which in their opinionw6uld be fair and bring more morev
------------------,----------------,------------------.------.,.I
purchase the property as,anvbodv else.
anything else,,we ought to find out who are,vou appear ng
ZELT:I represent,your Honor,Mr.Nolan Vance
and also Mrs.Robin Pettry.Thev are both legatees.
before we d D
There is no question of that,Your Honor •
I am here on behalf of Mrs.Madelon
Thev would have just as much right to
I think we .oug,~t to do this:
Thev hav~a one sixth interest'..
for?
WILSON:
COURT:
MR.DONALDSON:
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Barkhurts,who is the daughter and a legatee of Hazel
C.Vance,.
Does she propose to bid too?
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o No,Your Hono"r.My purpose in coming herE
is to object,reallv ,to the procedure as I see it.
deveilliliping;In reviewing the pleadings,it appears
to me that Mrs.Zickefoose has filed a petition for
,leave to purchase this ,propertv herself,and b'T
'reason of the fact she is Executrix,she needs Court
approval.Mr.Zelt1s client has filed an objecti~n,
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sa,ring that"'$10,799~~0 is;an inadequate purchase price
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And were 'it to end there,I think this hearing would bE
properl,r framed.But he went on in his objections to S,·r
that he is willlng-to pa,r more 'for it.
to sell this real estate to an,rone •
but if she sells it to an,rone,she 1§rgot to get the
best price for it.
the discretion of the Executor,or Executrix in this
case,based upon the provisions of the Will,and based
upon the Orphans f Court law that she is not obligated
THE COURT:And stated the price.
She is not obligated to sell it to an-.rone
$500.00 more.Now I think that it is wit in
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part,r,she does not need leave of Court.
WILSON:If she sells it herself,she needs Court
approval.I agree with that.If.she sells it to a thi d
MR.WILSON:
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She is subject to ,surcharg~,I believe,i
she would sell it for a depressed price.
TEE COURT:Not depressed price;she has a dutv to ge
the best price.
MR.WILSON:She does not have to get leave of Court.
Mv onl,r concern in this case is that this hearing,
which presumabl,r should be for the purpose of either
confirming or den,ring her reque st to purchase,is
going tto turn into an auction on this real estate.
,
THE COURT:What is ,rour objection to them getting th
highest price for it?~z
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WILSON:It mav not be the highest price.
we have a public sale?
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M,r client doesntt care whether itts sold or not.
t~land poor,as I understand it.Therets not enough
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T dontt reallv care if it is sold or not.
But ,routve got to have mone,r.This estate
sa,rhe doesntt care?
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mone,r here to pa,r the legacies,attorne,rts fees.
How can the man be arguing one t~ing and
Succinctl,r,m,r objection is thisf.i---
THE COURT:
don tt ,rOU?
MR.'WILSON:
You care,you want mone"for ,rour people,
Mv objection is this:I dontt think that
we can todav 'hold a private bidding auction on this
real estate.And if that is what is going to take plac ,
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.1 am going on the record objecting to the procedure.
THE COURT:you canrt object to something properly
until something is dorie •
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We dontt know what is going to happen.-
Mv client has not come prepared to
happened yet.
Executrix put a bid in herself of $10,700.00.And we
bid,and I am going to object if the propertv is put u
,
for bids confined to the people in this room.
We want the record to show that the
you may,if that happens.But nothing has
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and theref.o;r~,it~~~ul~,seem to me she has no objectiop'
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to a sale 'of'the ,1and'-:at'this time at another price higher.
~feel that ~pso facto,'sh9ws,that she feels that was a
~,.'i:-:J~air,,Pti,9:~:,~h~~e fare"~~'"'?,t~Tr:J\Tj,e~:that is higher~t,_..~.l'~:'~'.,rtf"'-('";J',.•.to ',;1''IV14lln'IJ \ "::''.
ti:-'"than that ~as also'got to be in her opinion a fair pripe,
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\!Mr ~Wilson',do ,TOU sa'T that $-1l.,200.00
is not a fair price?
MR.WILSON:I am not saving what is and what is not
a fair'price.I am sa,ring that we are here toda,r,we
were served,with notice this was going to be held.
,---------------..-----------------------------------~-
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TEE COURT:
MR.WILSON:
Do "ou object to this sale,the $10,700 •0C ?
I don't think I have to make that decisior
time.
get OJ:11 the record in some method,either ,rOU approve
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I'm ~on the record.There have alread,r
been objections filed b,r Mr "ZeIt's clients,which I
think ~should be ruled on.MiT client has not file d an'r
.obj~ctions.
COURT:I agree -with Mr •ZeIt that if nobod,r has
an-~r objection,I cantt see whIr his bid or the amount
that he wishes to sell it for shouldntt be approved.
DONALDSON:~your Honor,I object and 1111 tell you wh,•
Since this occurred,Mr.Zeltts client has said that
there is another individual someplace that will offer
$60,000.00 for the other farm.If that is true,then
this farm need not be sold at all.And it can be
partitioned among the children or the heirs or whoever
it malT be.I think the Executrix has a dut,r to invest gate
that and find out whether it's a true offer or whether
itts something that just came out of the weeds.
THE COURT:What is a true offer?I don't understand
wha t offer ,rOU hliIve in mind here now.
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Thatts.rtrue;>She has that dutv.,',t·"t.•.It ),i '
Brenda Vance called me and said that thew
you are speaking of an offer that has never been..~/
$60,000.00"
had a bU"irer for'Robinson Toymship farm at a figure of
COURT:,Mr"ZeIt didn't make this call;somebodw
else did.
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DONALDSON:No;'The wife of his client made the call I
to me directlw.
DONALDSON:
TEE COURT:
..
/".,officially/made,.,
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.MR.DONALDSON:.~.)o you said the Executrix has the duty to g e ~
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the best price •.•,',1 ,.
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Is she here?
yes.This is not the farm we are talking.
I understand"
MR.DONALDSON:This is,the farm that had the trailer dea "
THE COURT:I understand.As far as that is concerned
we can sell both the farms.
MR.ZELT:In fact,I have a petition here to buy thE
other one tod~r too.
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MR.ZELT:
!.,...-.For '$60~OOO~00?f ,,.';J .',",,,.~,.
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..No,;'f,ot ',tn'e appraised price;the highe st o~
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two appraised prices.
THE COURT:
ZELT:
DONALDSON:
How much was that?
,It was $2~,000.00.
your Honor,you will recall that after I
got the offer from Mr.Nolan Vance,which Mr.ZeIt told
me was a firm offer,I came to vou with an Order which,
in effect,was that the petition would be refused and
permitted the Executrix the possibilit'T of securing
higher offfi'ers than the $11,200.00;But 'TOU would not
sign~at the time and insisted that we have the hearin~
in open Court.I again make the motion that the petitibn
be refused in order that the Executrix'ma,T investigate
the possibilitv of securing a h~~her offer than the
$11,200.00.
COURT:Are ,TOU willing to have a public sale and
auction or----
MR.DONALDSON:I dontt think that is necessaru.We
c ertainlv have a right under the Will to make a private
sale.If .thev have additional offer~,we·shOU1.dJ
investigate them.Mr.Wilsonts client has an offer.
We should investigate that.Hets got an offer for the
other farm.I think this is not the time to be selling
-------------------
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an,rthing now.
MR..ZELT:It most certainlv is.An offer has been
•
made to sell the farm and we have'come back with a hig er
offe,r,and apparentl'T the Executrix herself believes,t at
the farm should be sold.Sb9feels that the price that
In the light of,the 'pleading here,it.
Does 'Tour client want to bu'IT this ,farm?
your Honor,I think that we should have a
It would certainl'T appear to be that she is simpl,r
sh~ts offered is a fair price"As I stated before,
we tve got another price that is higher.Therefore she.from .objectingis,it seems to me,is estopped to the
fact that the offer to buvit at that pri,ce is not fai ,.
,
herself at the price that--~-
ruling as to whether or not the Executrix can buy the
,unhappv as a resuIt of not being able to bu,r the farm
farm for the $10,700.00.
COURT:
COURT:
DONALDSON:
seems to me that she-would be violating her fiduciarv
duties in dealing with herself at a price less than ca
be obtained for it.Wetd have 'to refuse her petition
as ,'such.But,the next :question is what are the alterna",ives?
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A~·:~'~i~'at>an end,I wquld say.
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the costs of any other sale,the cost of hearing,the
cost of counsel,the cost of advert~~;ing and evervthing
else,that has to do with it,we want that borne b'r the
people who are doing the objecting.Because we are
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here toda\T,Mr.Donaldson has been notified and ever,r-
bod~T has been notified that there is going to be a sa13
here todav.Hets presented'a petition himself asking
that the propert,r be sold todav.And he ts asked the
Court to knock down the land to him,to the Executrix
at $10,700.00.So he obviouslv is here prepared to,halre
,the propertv sold.
be the end of it.
the proceedings I just called the Courtts attention,
to the portion of the Act which I referred you to,
and it t S merelv for permission to ha've a sale to the
Executrix and for the Register to make said deed.
If somebod'T objects,thatts the end of that.procedure.
Not necessaril\T.It wouldntt nece~sarilv
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COURT:
Thatts not correct,your Honor.
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Honor?
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We have
TEE COURT:
MR.DONALDSON:
TEE COURT:
,Just relax ~ow,so you will understand---
-it 0".._to .,~•-~f""'\..;;
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I hope I understand.
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You will understand if you just listen fo~
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a minute.Therets no problem here.If nobodv objected
.vou wouldn tt have a problem ..The problem here is raise(
due to the fact that somebodv has come in with a highe
know about~;So what we have to do,I have alreadv
bid;in essence,thev sa,r this propertv will bring more
than what the petitioner savs it will bring.Now
prima,facie,right on the face of it,the bid t~at she
made is not a fair bid because therets a higher bid,
bona fide bid,Mr.ZeIt assures me it is a bona fitle
offer to buv.So therefore,the Executrix cannot
deal..with herself to the disadvantage of the estate.
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be denied.
COURT:
Thatts all Itm ~sking,that the petition
Thatts common ever,r-dav knowledge that we
iiig;ruled that the petition has to be denied..I have alrea ,r
l-ll:~s aid this.I dontt know what ,rour problem is.
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where~you have denied----I "J ~~:.•
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MR.WILSON:I think once wetve denied Mrs.Zickefoose s
petition,thatts the end of this hearing.
THE COURT:Itts not the end of the hearing.
MR.WILSON:Itts the end of the problem.What is done
If she decides later to sell this real
She has a dut"lT to properl"lT administer the
She is going to have to do something here
Tax.
Interest is running on the unpaid Inheritcnce
their right to their inheritance because she doesntt
want ~o exercise her right to sale.
in order to complete the administration of the estate.
She has a dut"lT to complete the administration of the
estate.She cantt sit on this land and den"lT the legateE s
with th~\,.~~?nf;irma~ion~'~'i:.
ZELT:
estate----
WILSON:
COURT:
COURT:
.in the future is up to her judgment as Executrix.If!,',1<','
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t'I:';··~,sh~.d;9id~S'f't~o s~l;~,th~~")prppe~t\T·,.a~~a>d~~pressedp:r ice
t ,~;r'I.,'#\..''':,.,f I;,t "'~".....J,J •..F,.~~,"n'.f(,<,l~I.JIt..rl'}.t ',a..,.\"/..
later,she can be surcharged.If she decides not to
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sell the pr~pertv,~he do~s not have to sell it.If
4 1'.oJ of'It"I l,
'I''j '.she decide's "!D'sell,it''''to a ·third part"lT,she can sell i
estate.Now if that means---properl'T administer means
to sell this to raise monev to pa'T honest debts and
obligations and to satisf"lT these legacies,and if she
can,"in fact,_sell this propertu and refuses to do so,
she is going to be sUbject to surcharge.
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MR.WILSON:What if she sells this propertv to Mr.
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.Ze 1t f s client·f or $11,200 ..00 and tomorrow morning,m,r
client comes in and shows that she could have,on an,r
market in this countv ,gotten $35,OOO.00?Dontt ,rOU
'.
we said we are willing to pa,r here toda,r.And I camiot
taken'care of..So presumablv her interest is simplv
obligations.We have come up with a higher offer which
What if?Isnttllwhat if'the problem with
We cannot bind the Executrix----
think we are in the soup?
alloabout.She herself has been willing to put up the
monev,the amount of the app'raisal,to bu,T it,put that
amount of cash in the estate and get these obligations
all law suits 'and all objections and all hearings?
IlWhat ifll might not happen.Now she has got the author~t,r.
to sell the propert,r.She wants to sell the propert,r,
as her attorne,r said,because she wants to put some cash
in the estate to start taking care of some of the s e
obligations.S08that f s reail>r what this'petition is
understand whv she objects to more mone,T coming into the
,to put'some mone,r into the estate to take care of the
MR.ZELT:
estate •
MR.WILSON:
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THE COURT:I cannot understand vour position"Mr.
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f~the Executrix in this case to buy for $10,700.00--
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and ,TOU said 'TOU had no objections.
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Are ,TOU?
Did ,rOU file objections?
No.
Then ,rOU Ire willing.
Tha t t S right.We asked if ,TOU had obje ctic ns
,donIt have to make that decision todav.
being exposed to bids in this Courtroom'toda:T.There
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file,an,rthing,itIs eViden~vOU don,It have objections
or vould file it,because ,voutre a competent attorne'T.
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I know 'Toutd file objections if 'rOU had them.
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I said I havent t filed an'Tthing.I said I
Evidentl'T if 'TOU had notice and "ou didn t
11m here toda'T to object to this propertu
s
no wa,r we can do that.If her petition is denied,she
cannot bu,T the,propert,r.That Is the end of the hearing
THE COURT:Pm going to sa,r·this on the record:'TOUl}'!G
have to come in here,though,bona fidel'T in good 'faitl
.\.(1 dontt thi~k itIs,prope;~/:t~r#~Tou to come in here just
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to obstruct a potential sale of this propert~for no gc od
reason except.that vou donlt want Mr.Zeltts people to
get the propert,r.
...
MR.WILSON:' . ,,If'Thatts not 'What'is motivating me.
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THE COURT:
here.And I am here pursuant to that notice.
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appearan'CE?~pr.operl,·r;and';rOU would file vour paper s.
Thatts what notice is for,·for us to come
But 'TOU are also not officiall'r objecting
Court or go .out there on the premises,and have this
bid or an auction for this properbr ahd knock it down
Evidentl,r something is motivating vOUv,'
\-4 1\•you Ire not ,puttip.g •.on tpe ,-record because otherwise,
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to the sale or voutd file objections to it.But the
point is this:now letts stop sparring around with
each other and get down to the facts.The Executrix ha~
a dutv to act in good faith.Itseems to me,in the
light of this,for her own good and welfare,she shoul
have 'a public sale and public auction and come into
WILSON:
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to the highest bidder.It seems to me that would
:'00 the be st wa,r to solve this.
MR.ZELT:I wonder if we are confronted with this
pro~lem,Your Honor.That if the sale does not take
place today at the $11,200.00 figure offered bv
19
one of the other legatees,and it comes back at a public or private
sale,whatever it is,that they are asking for,and that,offer
maybe not even that----
doesn't,come back in,and the highest offer is $10,700.00 or
•THE COURT:That IS the ris k that she runs.
She,and I want this on the record,is going
to be surcharged for every penny o~that to my client.
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:EIII<C~that there is ,something crooKed about my client.
Nobody has inferred that at all.
has inferred that there is anything crooked about your client.
There is no inference that anybody has done anything wrong.
Mr.Donalds on,I have to stop you.Nobody
Nobody,is 1'nferring',that anythiiq,gJ1:as ib.e,en done
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If you are drawing such-an -inf~rence,·1 thiilk itls unwarranted.
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The only thing Mr.Zelt is contending for,which I think he has
a right to contend for,you get the top dollar for this farm.
MR.DONALDSON:I agree with that.
THE COURT:The Executrix has the _duty to see to it if she
can get top dollaJ;;',that she does,'in fact,get the top dollar for
my client is supposed to have not have come in with the highest
put cirii3 $10,700.00 an;d we foum a higher bid and immediately
bid possib~e----
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that.
MR.DONALDSON:
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Nobody said that.
~MR.DONALDSON:I'm suggesting that.Why is it that his bid of
ii::I-~$1"1,200.00 1s the highest bid possible?
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~MR.DONALDSON:I'm trying t.o get a chance to open it up some walT,
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have,a public auction of ,this property.That was my suggestion,.
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to protec t her from a pot~riHal/sl.1rcliaFge.-(.1'-.".."I t'ft·
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UnlEJss w~,c'6uld agree,what I wanted to ask
Your Honor now,we,either have a recess,since all the people
are here----
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about this •
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I talk it over.,-
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Maybe you can come to some sort of conclusion.
RECESS
What is,the upshot of the conference?
the record if the Executrix is.willing to sell the property today
to Nolan T.Vance.for the sum he hereby offers,to wit,$11,200 00.
slow the thing down or obscure it.I wonder if I might ask for
the family and the legatees are all members of the family.And
I would say the answer to that would have to ber
I don1t know,Your Honor.I w ish we could get
DONALDSON:
money they can get out of them.And that has,,I think,tended to
ZELT:
could do ?-bout .these two pieces of real estate.They are both in
an agreement between the members of the legatees as to what we
they are interes ted personally in them,not jus t in the amount of
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THE COURT:Because?
MR.DONALDSON:Because we do not know whether we have a higr.~r
bid or.not.We believe that there could be a higher offer.And I
22
rejected our offer.
as legatees to accept or reject it.
would want to put the property up for public sale?
Your Honor~The Executrix,under the ~ill,has the power of sal~.
I do dt think that is the proper.operation a tall,
What do you want to do row ?
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'"oj ''IAllright.•l~et the record show that they have!,.,.
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the offer.Counsel for the Executrix,and we don1t have anY,stand ng
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The Executrix also has the power under what used to be the
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Fiduciary Act,Pr.obat€,Estates'Act,to sell either at private
or public sale.If she makes a sale a~d for some reason somebo::ly
thinks that she has violated her-trust in taking inadequate conside r -
ation,they have their remedy.
THE COURT:W"ell,.we agx:ee ·to that.
MR.DONALDSON:I don't think this proceeding'should be at an enc .
THE COURT:The proceeding ,is already ended some time age.
----------------------------.----------,
Wha t we are tr,ring to do at this point is to settle
the matter so that it wonft1:B necessar'T to come back to
-Court again.We don:t think 'that'it is in the interests
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.'.r'of ,the~'esta'te '1to .:be ..liitigating}constantl'T':over these
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MR.ZELT:Can we-ask what the Executrix wants toI. ,
do with,let ts S~Y7 the pdace of propert'T which contains
107 acres?Can we ask for a statement on the record?
THE COURT:I'll tell ,TOU this,Mr.Donaldson.Pll
have to sa,T this for the sake of the record:it seems
that the Executrix is in sort of an impossible positior.,
.10gicall'T,when she comes in and sa'TS she wants to
bU'T it for herself for $101700.00,but doe sntt want
to sell it to somebod'T else for $11,200..00.In other
words,right on the face of it,13m not impugning her
honestv or integrity,but on the face of it,itts not
logical that she would want to bU'T it for -herself for
less than she is willing to sell it to somebod'T else.
"
MR.DONALDSON:Mav I recall to Your Honor that when we
filed the Petition,there was no one interested in thiE
property that we could find.
THE COURT:But now ,TOU have somebod'T who is willing
to give more for it than what she is willing to give,
but she doe sn tt want to sell it It doe sn tt make sense.
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'MR.DONALDSON:Wh,T did 'TOU stop short of it?Supposing
we sell it',as 'TOU are suggesting,for the $11,200.00,
and there is a purchaser that will pa,r more?
she?
and ,TOU said no.
MR.DONALDSON:Yes.
pa,r more?Tha t would be absolutel':T wrong.
your Honor,I again,suggest to you that I
Who,for example?If she does know that
Suppose we had we had sold it to ,Tour
Petition,at the time which we had a better offer,
for it,she should have told ~s.
there is s orne body willing to pa,r more than $10,200.00
lad~for $10,700.00?
.who will pa~more than $10,200.00 for it right now,dOES
brought in an Order for 'TOU 10 sign,refusing the"
MR.DONALDSON::'
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THE COURT:.Mr.Donaldson,she doesntt know an,Tbod,T
MR.DONALDSON:And she knew there was sXDmebod'T that woulc
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THE COURT:Wha t:is "our better offer?
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MR.DONALDSON:I don't haw one in writing,but I think
we'have a right to pick it up.We do have a man who sa d
he would pa'T.more.
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THE COURT:I think ,,.ou have a dub,.to disclose it
to Mr.ZeIt.I dontt think ,,.ou can do this in secret.
MR.DONALDSON:All right,we will disclose it to Mr.ZeIt
when we get an offer •
have a better offer,.I will disclose it..
matter 'of courtes"and as a matter of good faith he sho lId
know what the better offer is.What is ·,our better offe I>?
a better offer.You have a possibility of a better
offer.That.ts what yOU have right now,,,.ou see.We
have to be candid about it.
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What is "our better offer?I think as a
When I get an offer in writing so I know I
Then the answer"is,of course,"ou dontt h \B
iiill:MR.DONALDSON:Letts be candid.Here is.a man that hasIIIt-ll:0 sixth and he is willing to bu"it.And here isII.a one aIIIll:
t-o:.lad"that has a one third and she thinks she can find:J
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l''/1,never said·.that at .all.~
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suggesting this in plain.English•.There is no use bea ing I
·'arou.:o:d the bush about it..I say ·if vOU have a better
off~r,,rOU ought to tell him a bout it be cause
he has a right to Know.That is in plain English.
And vOU tell me in plain English that vOU don t t want tc
tell me for sure because ,rOU are no t certain that ,rOU
have a bE?tter.off.er;so the'matter of fact is as of th s
minute and time and'place,there is no better offer thct
is ,le gitimate and bona fide ~•You spe culate that the rE
might·be,but 'you don tt know for certain.Otherwise',
vOU would tell us.A~d I think that he has an interest
in'this estate tOOf;;l.He represents people who have ,an
interest in this and he ...ought to know if there is a '.I
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position:t'6/mak~'an~(oifer for the other piece of'grounc •
.Yet W~i~CV:.~:r;t'qtjlsUPP:9~~d.to know what that is.I think
a'"'
itts/one-sided arrangement.
THE COURT:
MR.DONALD"SON:
MR.'ZELT:
T~COURT:
offer ..
That'is not before us.
Why arentt we starting ,this new?
Wetre having enough problems.
I think Mr.ZeIt should tell vOU about thEt
MR.ZELT:I am going to present that petition.
THE COURT:What is sauce for the goose is sauce for he
gander..I think he should tell ,TOU what his offer is
too •
I heard that amount.I wasntt there.
liDo ,TOU have an offer for the other piece of ground?1I
appraisal.,'t
Now,Your Honor,we are standing out in tIe
The one that was made b,T Mr.Fetherlin?
Yes,$2~,OOO.OO.
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Your Honor,may I sa,T this is the fir st t me
it
He mentioned/awhile ago,but ,~u didntt
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ym~cp appr:~~sal are 'TOU talking about?
"And I sa,T,IIKes.1I And they-"sav,IIWhat is it?And I
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told ·th~sef'ge~tl~me~that -'it .-tt·a·~'::t'he·~~mount of the
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hall,.we are all :standing there talking,and they salT,
MR.ZELT:
hear him.
MR.DONALDSON:
MR.ZELT:
MR.DONALDSON:
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MR.DONALDSON:
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MR.DONALDSON:I donft remember it being mentioned.
MR.ZELT:I didntt want to get into this other piecE
of propert'T right awav.
----11--------------------------,---------------.-----.
THE COURT:But earlier todav he did mention it.He
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sais,llT offer the amount of the appraisal.ll The
record'will show it,Mr.Donaldson.But regardless of
that,the point is,wh,r dontt all of ,rOU folks stop al
tpis,haggling and do what is right.with each other.
There are simple rules for 'doing what is rignt,and
-that is to get the most mone"ir for the propert,r that ,rO
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;can get 'for/i·t.An,d I dontt,'knoW'how ,rOU are going to
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that I dontt know about...•f'"..I:', •'.;'1
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MR.ZELT:I think,Your Honor is exactly right.We
ought to enter in~o some kind of agreement .since we 0
are all here as to what we want to do.
MR.DONALpSON:I dontt see that that is going to get us
the best price ..
THE COURT:
MR.DONALDSON:
THE COURT:
What do vOU suggest that we do?
He has a private offer.
What is vour suggestion?You tell us wha",
you want to do.
MR.DONALDSON:I suggested before---all right,number
one,we had this Petition~which~dead.I think
we are starting anew.
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'.'"..-.'.,,,,f'•'I''.....~'the EX8c\itrix can ;make:the priva te sale or she can pre:entJ..'l!'o",".'-
that to.the Court and have :tt~ha.ndled as a'public sale
be no need to worr,T an'Tmore about the 107 'acres at all
can be better used as a,public sale then there would
"which might be the better.wa'T.
S3.1e and not an auc:tion?It t S all right with us.
We are just tr,ring to do what has to be done to get th s,
.
litigation disposed of ..
Are 'TOU talking about the 107 a cre s?
I asked before,your Honor,and I will
Wh,T don tt vOU have a pe,tition for pUblic
He has an offer and it might be that that
We want to know ,Tour recommendation.
as~a gain.What does the Executrix want to do?Will
she,or·via her attorney,tell the Court and me and Mr.
Wilson and evervbodv else here what she wants to do abbut
..
this piece of land?
MR.DONALDSON:
M.S..ZELT:
THE COURT:
MR.DONALDSON:
THE COURT:
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MR.ZELT:The 107 acres,in the event that the Cour~
does not approve the sale to her at $10,700.00 ••
THE COURT:We have a1read'T disapproved that.
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MR.ZELT:Oka'':?".Having disapproved the sale to her
for $10,700.00,I woufud like to ask the Execu~rix
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what she then wishes to do.
for the $11,200.00.Isntt that correct?
a potential offer from another man and I think we shou d
investigate that before we go ahead.
more mone,r,wh,r shouldntt we get it?
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MR.ZELT:
MR.DONALDSON:
TIlli COURT:
MR.ZELT:
MR.DONALDSON:
THE COURT:
MR.ZELT:
MR.DONALDSON:
We have an offer from ,rOU or ,rour client
You had an offer and was rejected.
We do not have that offer now,is that ri ht?
Is the offer still good?
The offer is still good.
All right.We have that offer.We have
Letts do that then.
Now when you sav we should investigate th~t---
If there is another man that will pa,r
MR.ZELT:If that wa s ,rour thinking,wh'T did uOU as
for the sale to her at that price in the first place?
MR.DONALDSON:Because we did not know the other person.
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THE COURT:He tells me,he""just learned about this la .Jer •
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So then,arentt we at the pOint,Your Han r,
where what ,they are suggesting is that we have some
kind of a pUblic sale?
THE COURT:
an hour ago.
MR.DONALDSON:
It seems to me that is what I sliggested
A public sale?It doe sn t t make a public'
sale because ,TOU go out and tr,r to get the highest
bidder.
THE COURT:Whv dont t ,rOU have an auction?
MR.DONALDSON:' I have alreadv heard from him wh,r we
dontt.If we have an auction,hets told me he will
proceed to surcharge m,r executrix for -everv bit of
costs involved in it because we didn't take his
offer of $11,200.bo.
In other words,what I am sa,ring,thev
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THE COURT:-',I'.!(",your p~ople are willin,g to bid $11,200;.OO},
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fr'omwha t~you told me.
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MR.~LT:,
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'Th9-t offer may be withdrawn b'T that time.
MR.DONALDSON:
withdraw it?
Will vOU kindl'T tell me when ,rOU will
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We are going to adjourn Court here now
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because we are not making anv headwav ,with the
admonition that we ought to trv to get together
here',ever,rbod,r,and Mr.Donaldson,I think it would
be incumbarit upon \TOU to talk to whoever this man is
'and·find out will he pav more for it.Inform Mr.
ZeIt as to this other mants offer,and we will go from
there.
(At the direction of Mr.ZeIt,off-the-record discussicp
was not recorded b"lr th~stenographer).
,."'V .',/".~,tMR.D01~ALDSON:';'Certainlv,l'·we are tr,ring to get the top
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dollar.
where ,rOU can get a hold of this fellow tha t ,rOU hear
might want to bU,r it,and see what he is willing to
offer.,e
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TEE COURT:
MR.DONALDSON:
Are ,rOU fellows going to cooperate here ar.d
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Wh,r dontt the both of ,rOU go somewhere
Wait a minute,your Honor~I dontt want tc
put his clients in a bind either.He has an offer---
TEE COURT:You're not putting them in a bind.
MR ..DONALDSON:
THE COURT:
MR.DONALDSON:
He has an offer of $28,000.00.
We are talking about the 107 acres now.
I know you arB,but I think tha t we should
consider both of them because if we onlv need to
divide the mane".
interests,it would be better to sell all the land and
sell one,then whv sell them both?Ma,Tbe this is
what we should deal with.
TIJE'COURT:i\':.,4s (a ~matter of.pr,~c~ica.:Jdty~"So why
#,.l J.,,.~"•.i_/,"~CA.~J I ~,.":/'"•~,,#\.":,',~~....,f;"....."~,",~",.1 "~I 4 f.~\don!t vDU fellows get together,It m expecting both of
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vou to call,this man and find out how much he is willi g..
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to pav for 'this ~pro:pert';T,,{And both of uou level with
each other..·Te II,e~ch ''other what is going on,and
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I am sure if ,TaU communicate with each other,,TaU are
going to come out with a fair top-dollar for ever'Tbodu
concerned.And then he can determine whether his peoplE
want to pau a little more for it.Ma,rbe this other
man will pa,r $12,000.00.Ma,rbe the it x it Club will pa
$15,000.00 for it.Who knows?
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MR.DONALDSON:
MR.ZELT:
It seems to me,with all these fractional
Itts quite possible,Your Honor.
I wonder if the Cou~t would'direct us to
advise each other with the three attorneus involved,
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as to what ,,5the de sires of our clients ,are in terms of c.
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.TEE COURT:.""",..I,think-w8i.have done that.We are directir g
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all of vOU to cooperate with each other to get the top
dollar.That means give each other all the informatio
necessar,r for ever,rbodv to get the most mone,r for tJiis
PI'opertv as is possible,which is in keeping with the
duties of.the Executrix,for the pIlotection of all of
the various devisees ~nd legatees of this propert,r.
That t s all.We wqnt,,rOU to be fair.and square with ead
0,ther,in plain English.And I know 'TOU are going to e •
So ,rOU work together,go out and call this fellow up
and sa,r,-\lHe;r,II whatev~r his name is,\lAre ,rOU w"illing
to put $12,000.00 on this propert,r or not?\l Whatever
it is ..Ma,rbe Nolan Vance will put up$15,000.00,
get the better it is.
in which case ,rOU get more mone,r and the more mone u 'TO
good.But in order to keep down what ,rOU have mentione( ,
the little difficulties between the parties,that
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rather than be naming people that are making the
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of us,offer,we would ,each tell the other what
offer we have,the top offer,and the,r will know what
that is,without saving who it is.Because as soon
as we get that done,welre in trouble again.
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act in
thing.
I:agr~e"~",That Is all right.As long as "\T01
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good faith with each other.That is the main
j ,We want ever'Tbodv"to act in good faith,one
!
to the other.And I know that is what ITOU are going to
do.So whIT donIt ,TOU start doing it and call this man
will give for it,and you can get this thing settled.
that we must start with the ~07,which is now a dead
issue,when lIve got an offer here on the other one of
Well,neither one of them are dead issues
Wh"\r is i t---I go back to this ---whv is it
this afternoon?You have some time while all these
people are around here.you can use the back office
over there and start r:!,gnt:lnow and see what this fell01
$2t5,OOO.OO?
THE COURT:
MR.DONALDSON:
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Dontt we have to start with one or the
I think we can sell both of them •
WhIT not sell both of them?Get rid of
them.Divide the mone'T up.So I think vOU fellows ou"ht
to get together this afternoon while ever,rbodv is here
Wh,r donIt 'TOU use that office and find out what this
other fellow is going to bid for it?Get rid of that"
one iflTou can.If "\Tou doh',tt want to get rid of it,
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that t S all right too.But Ie t me sa,T this to ,rOU:
itts been mv experience over the >rears that if ,rOU don t
here'wants to bU>r it for themselves,pa,r the.top dollatr>
fees and litigation.That is what is going to happen
if ,rOU folks keep persisting in the wa,r vOU are going.
for it like an,rbodv else,the'r can have the proper t'r.
The rest of the people get ths:llr mone,r.
,get rid of this propert,r on a cash basis,that the
cost of partitioning this propert,r later on and
If an individual,an,rbodv in
Ma,~I ask the Court to suggest that if
is the
,
there an'T of heirs or an,rone else that is
interested in this,that the,r at least tell the E~ec1il.irix
or m,rself the offer the,r have or wh'ich propert:,r it is.
the mone,r divided.
attornevts fees imzolved,,routre go~g to end up eatin
up this.estate in attDrne,rts fees and Court costs.
I want to sa,r this in the presence of all the clients
out the.re,so the'T will understand,that -the Court is
not in accord with eating up an estate with attorne,rts
It seems to me that both the se pieces of propert'T
ought to be sold if at all possible,and it would
seem to me that the'T should be sold for the top dollar,
DONALDSON:
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There i~~Dothing in this world like communication.
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WhenU"'irou communicate with each other and let each
to work with each other and settle these differences
among evervbod'r.
but nothing ever came of it.,I dontt know how much
we are supposed to do with these things,Your Honor.
I thought we had the trailer matter settlEd,
Sometimes youtye got to walk an extraTEECOURT:
MR.DONALDSON:
,the"'ir put on,this problem and that problem.We are
going to be in Court from now ,to doomsdau if we dontt
stop this bickering.We want to settle it.We want
,ever,rbod,r to walk out of here that the"'ir are going
f •
:,~f ~mile and do-l'a little extrar•~~,
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or som~thir:-:g?~!.~l";,'J,'.;·1 .,-,,I '-.1;
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other know what is going on,"'irOU are going to come out
better off in the long run.All of "'irOU work together,
communicate with each other,tell each other what is
going on,and ,rOU are going to come out with a fair
and square solution to the.problem.Itt s going to pa"'ir
to sell this properbr•We had problems with a trailer
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THl:!.:CODRT:It,mtel~ing "'i~OU,if ,rOU listen to me,all,~:\~-'\..~~"f1'.-of uOu,It m going to adjourn Court here in two minute s
and send vOU over to that office to get bUS"'ir on contac ing
,this fellow on the 107 acres right now,and then we
will start from there.And have a conference right
here this afternoon whether "'iTOU want to sell for
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$2b,OOO.OO.And get rid of both of these pieces of
land so these people can get their monev and ever"'iTbod"'iT
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(Proceedings Closed)
** * * *** * *** ** ** * ****** * * * * ** * * *
Stenographerts Certificate
I hereb"'iT certif"'iT that the proceedings and evidence
are contained full"'iT and accuratelv in the notes taken b"'iT me
on the hearing of the above cause,and that this «Op"'iT is a
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upon the
and directed
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./..\-Certtficate of Hearing JUdge
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The foregoing record of the proceedings
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hearing of the cib5've'cause is hereb"'iT approved
correct transcript of the same.
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to be filed.
B"'iT the Court,
._~/~~~~~Paul A.Simmons,J.
IN THE COURT ·OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
NO.63-70-255
I ~1
IN RE:
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased.
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~AMES R.DONALDSONlYATTORNEYATLAW
WASHINGTON TRUST BUILDING
tIAi2N7~~i!(iNSYLVANIA
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IN RE:
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
)
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased.
(
).
(
liO.63-70-255
E X C E P T I 0 N.S
TO THE HONORABLE,PAUL A.SIMMONS,JUDGE OF SAID COURT:
AND NOW,comes JAMES R.DONALDSON,Attorney for the Executrix of the
Estate of Hazel C.Vance,also known as Mrs.W.D.Vance,Deceased,and files excep-
tions to the several orders,directions,decrees and determinations of the Court,under
date of March 12,1974,except the order dismissing or denying the petition of the Exe-
cutrix for approval of private sale to:herself;,all for the following reasons:
1.The several determinations,orders and directives were directed towards
the holding of public sales of the real estate,contrary to the terms of the Will.
2.The several determinations,orders and directives directed the Execu-
trix to sell the 107 Acre tract prior to the sale of the 84.43 Acre tract.;-•!-
3.The several determinations,orders and dire'ctives stripped the personal
representative of the discretion given her at item SECOND of the Will in which the de-,
ceased directed that her '~ersonal representative•••••••sha1l have the power to sell al~.'-or any pa~t of 'my real"estate -at'anyltime,'at either public or p,rivate sale,for such
price and upon such terms as my personal representative may deem best".
4.The several determinations,orders and directives have the effect of re-
writing a portion of the decedent's Will.
The undersigned requests permission to,file more specific exceptions within
ten (10)days after the record has been transcribed.
Attor
March 22,1974.
he Estate of Hazel C.
Vance,Deceased.
1--------------------------------------------1
'..
IN THE COURT OF COMMON PlEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS I COURT DIVISION
IN RE:
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased.
)
(
)..
(
o R D E R
NO.63-70-255
to be
AND NOW,~~g.,1974,the "ith~;'Exceptions are directed
.•f ).";'l ...",
filed and permission is granted to JAMES,R.DONALDSON ;0 file more specific ex-
ceptions within ten (10)days from the date ,that the record has been transcribed.
By the Court,
~-
""1/•
IN THE COURT··OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANs'COURT DIVISION
NO.63-70-255
IN RE:
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased.
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PETITION FOR APPROVAL OF PRIVATE
SALE OF 107 ACRES SITUATE IN HAN-
OVER TOWNSHIP J WASHINGTON COUNTY.
PENNSYLVANIA
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JAMES R.DONALDSON
ATTORNEY AT LAW
WASHINGTON TRUST BUILDING
VYASHINGTON.PENNSYLVANIA
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS I COURT DIVISION
)
IN RE:
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased.
)
(
)
(
NO.63-70-255
PETITION FOR APPROVAL OF PRIVATE SALE OF 107 ACRES'
SITUATE IN HANOVER ,TCMNSHIP.WA~HINGTON COUNTY.PENNSYLVANIA.
TO THE HONORABLE,,PAUL A.SIMMONS,JUDGE OF SAID COURT:
The Petition of JUANITA ZICKEFOOSE respectfully represents:.
1.On March 12,1974 at hearing on Petition for Approval of Private Sale of
Real Estate to Personal Representative the Court denied the petition,adVising your
petitioner of the duty of the Executrix to get the highest possib~e amount for the
estate,and at page 34 of the transcript directed as follows:'~e are dir~cting all
of you to cooperate with each other to get the top dollar.That means give each other
all the information necessary for everybody to get the most money for this property as
is possible;which is in keeping with the dut~es of the Executrix,for the protection
of all of the various devisees.and legatees of this property."
.2.-On March 20,19'74 your petitionel-advised the:parties that she had an offer
..~".:'"t
of $13 ;000.90 for'the 107 ;Acre "tract.
.'
3.O~April 1,1974 your p~t~tioner received a letter from Mr.Ze~t advising
•
that he had been informed of another offer in the amount of $13,500.00.
4.On April 16,1974 Mr.Zelt advised your petitioner that his clients (Nolan
Thayer Vance and Robin Vance Pettry)"are willing to sell the 107 Acre tract to Juanita
Zickefoose"(your petitioner)tlor her husband for the swn of $13,000.00."
5.Madelon Barkhurst verbally advised your petitioner that she was willing that
the tract be sold,either to your petitioner or to Mr.Zickefoose,for $13,000.00.
6.On May '8th,1974 a deed for the above premises was delivered to Mr.Zicke-
foose,who paid to your petitioner $13,000.00.
7.On May 6,1974 letters were sent to counsel for the parties in interest ad-
vising of the sale.
In order that there may be no question relative to the sale of the property
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8.
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for $13,000.00,your.petitioner resp~ctfu~ly prays your Honorable Court to set a time for
hearing any objections which may be raised to said sale,with not~ce to the parties that
if no objections'are ·raised the Court will take favorable action on the petition at that
time.
And she will ever pray,etc.
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF WASHINGTON '(
Personally appeared before me,the und~rsigned authority,JUANITA ZICKEFOOSE,
who,being duly sworn according to law,deposes and says that the facts set forth in
the foregoing Petition are true and correct.
Sworn to and subscribed,.£1;-
before me'this lb'
day of May,1974.
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IN THE COURT OF·COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS I COURT DIVISION
IN RE:
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased.
)
C-··)··(
ORDER
NO.63-70-255
AND NOW,~~~'~~zI J~~'j7~~_:1974,upon consideration of the foregoing
II
Petition and on motion'of·JAMES R.DONALDSON,Attorney for petitioner,the Court sets,-
~t!d4the lf i4'day.of ,bAlS',1974,at '1.;'$O o'clock~~M.~the time for hear~ng any objections to the sale by the Executrix of the
107 Acre tract to R.L;Zickefoose.and as the ti~e_for acting upon the prayer of said
Petition.Notice to be given to counsel for the parties in interest at least ten (10)
days prior to time set for hearing.
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IN THE"COURT,·OF ComI>N 2LEAS OF
WASHYNGTON"COtJNTY,'PENNSYINANIA
ORPHANS'COURT DIVISION
NO.63-70-255
IN RE:
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased.
ACCEPTANCE OF SERVICE
JAMES R.DONALDSON
ATTORNEY AT LAW
WASHINGTON TRUST BUILDING
WASHINGTON,PENNSYLVANIA
"'l
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IN THE COURT OF COMMON PLEAS OF WASHINGTON C~UNTY,PENNSYLVANIA
ORPHANS'·COURT DIVISION
)
IN RE:
ESTATE OF
'"HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased.
)
,.
(
)
(
NO.63-70-255
ACCEPTANCE OF.SERVICE
AND NOW,May 2 'Ir/f.,1974,I hereby accept service of Notice
of Hearing and acknowledge receipt of a copy of the petition and the notice.
At~for ~olan Thayer Vance and Robin
a:e;~~~t
Vance
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IN THE COURT OF C(»1r-lON PLEAS OF WASHINGTON COUNTY t PENNSYLVANIA
ORPHANS'COURT DIVISION
f,
IN RE:
ESTATE OF
HAZEL C.VANCE,aik/a
MRS.W.D.VANCE,Deceased.
)
·(
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)··(
o It D E It
NO.63..70...255
ANDNOO)__M_a-=y~_1_7_t_h~_~_,1974,upon consider~tion of the foregoing
Petition and on motion of JAMES R.DONALDSON,Attorney for petitioner,the Court sets
Tuesday 18th day of __J_u_n_e ~1974,at 3:30 .o'clock
P.M.as the time for hearing any objections to the$ale by the Executrix of the
107 Acre tract to R.L.Zickefoose and as the tinle fol;'acting upon the prayer ()f said
Petition.Notice to be given to counsel for the parties in interest at least ten (10)
days prior to time set for hearing.
lsi Paul A.Simmons
J
,
STATE OF PENNSYLVANIA,
WASHINGTON COUNTY,
The within named Accountant being duly sworn according to law,deposes and say s that the above account
as stated is true and correct as .she.verily believe.
day
Sworn and subscribed before me this .!'1..~~.
............J.~~19..!.~.
~~.:J..D1..Yv1.L .
,
GEORGE 0:cMAHON,Notary Public
Burgettstown BorouEh,Washington County
My Commjssjon .ExpIres March 1.1976
Washington County,ss:I do certify that I have given legal notice to all,persons
concerned of the filing of Ithe within account in the manner
prescribed by Statute and Rule o~sPurt,as evidence by:proofs
thereof filed to No.....O!..:??-::...1..T..":...2..ri!..~..
Witness my hand and official seal this 2~__..
day of A.H..'1..ij.:?..~..........................19.2.YC
............._-~.~
Register of Wills J?}o
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The Court is respectfully requested to determine
proper distribution,jn this estate,
The Second Account of JUANITA ZICKEFOOSE,Executrix of the Last Will and Testament of
HAZEL C.VANCE,a/k/a MRS.W.D.VANCE,Deceased,late of Robinson Township,
Washington County,Pennsylvania.
The Accountant is charged as follows:
PRINCIPAL PERSONALTY
I
Amount Reawarded 2-19-74 for further accounting
Transferred from Principal Realty
Gain on Sale of Realty •SCHEDULE "B"
INCOME PERSONALTY
Interest -SCHEDULE "Au
PRINCIPAL REALTY
Amount Reawarded 2-19-74 for further accounting
INCOME BEALTY
NONE
$5,594.00 ..Jr 34<6
6,000.00
6,870.00
131.26
44,000.00
...,I
-...PRINCIPAL PERSONALTY
The Accountant claims credit as follows:
TOtAL CHARGES ~~--~~~~~~~~----~~-~$62,595.26
3Wi-...----..........--.
/1.tJ (1",5.;j(.,
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.~
Administrative Expenses and Other Debts &'taxes,
'..".'!
as set forth in SCHEDULE "c"$6,654.91
Maintenance of Realty,.as set forth.in SCHEDULE "D'.l~.':~4._..•...~.~..I ~';'~.'i!",~.~~t.~•~.,..~"'~1.-~""'-."1'.J ,"}f;~
Legacies paid in'full,as set forth in SCHEO~"Ell,
PRINCIPAL REALTY
Transferred to Principal Personalty
Inventor~Value of 107 Acre tract,which
was sold ~8-74
,.'
•I 124.73
.I
4,200.00
6,000.00
tOtAL CREDITS -~~~~-----~~----~~--$16,979.64
BALANCE FOR DISTRIBUTION ~----------~-~~~----~-~------~~~----~-~~--~------$45.615.62
3'!tf--~t,'/.5 6 ;.-If{1 y
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S C H E D U L E "A"
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INTEREST
..'t.~..,..
First .Feder,a1,Savings &-Loan Association f'
.."-"',•.if.Washington,Pa.,"
Feb.4,1974
Apr.9,1974
.,.
'...,.
$65.63
65.63 $131.26
S C H E D U L E "BII
Tract of land situate in Hanover Township,
Washington County,Penna.,containing 107
Acres 12 Perches
5-8-74 Selling Price
Inventory Value
Expenses of Sale:
Recorder of Deeds 1/2 Stamps
$13,000.00
6,000.00 $7,000.00
130.00
.".,"
NET GAIN -------------------$6,870.00
f·i...
S C HE D U L E "e"
ADMINISTRATIVE EXPENSES:
12"14-73 Southwest Mutual Insurance Co.Fire Insurance $34.10
2-25-74 G.H.Fetherlin Appraisal of Real Estate 100.00
4-8-74 Southwest Mutual'Insurance Co.Fire Insurance 9.30
Bar Assoc.X,erox Copies
Postage
,James R.Donaldson.'
2-6-74 Russell Marino,Clerk
3-22-74 Russell Mariao,Reg.
5-17-74 Russell,Marino~Reg.
5-3-74 Russell Marino,Reg.
6-19-74 Russell Marino~Reg.
Edith L.Dague
Costs Advanced:
.'
Filing Petition
1 Short Cer,tificate
Filing Petition
,..,
Filing
Decree
Notary
$8.00
1.00
10.00
2.00
2.S0
2.00
13.20
5.55 44.25
Juanita Zickefoose Executrix's Commission
James R.Donaldson AttDrney's Fee
Russell Marino,Register Filing Accou~t
OTHER DEBTS &TAXES:
3,148.55
3,200.00
19.00
4-30-74 Mary Call,Tax Col.
6-13-74 Bessie MCCarty,Tax Col.
6-13-74 Malcolm Morgan,Co.Treas.·
1974 Hanover Twp.Tax
1974 Robinson Twp.Tax
1974 County Tax
TOT A L --------------------
13.97
22.66
63.08
I
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S C H E D U L E "Dn
MAINTENANCE .2!.~ESTATE
12-14-73 West PennPower Co.Bill $8.74
1-17-74 West Penn Power Co.Bill 9.18
2-13-74 West Penn Power Co.Bill 9.01
3-18-74 West Penn Power Co.Bill 3.63
3-16-74 Tri-State Oil Heating Oil 73.20
4-23-74 West Penn Power Co.Bill 7.95
5-20-74 West Penn Power Co.Bill 6.05
6-13-74 West Penn Power Co.Bill 6.97
TOT A L -----------------$124.73
S C H E D U L E 'fEll
LEGACIES ~
i
5-13-74 Florence West
5-13-74 Bertha C.G1aspey
5-20-74 Portersville Cemetery
Association
6-10-74 Marjorie C.Weigel
6-10-74 VaLJean C.Wilson
6-12-74 Ada C.Fiscus
Legacy
Legacy
Legacy
Legacy
Legacy
Legacy
$500.00
500.00
200.00
1,000.00
1,000.00
1,000.00
TOT A L ----,;...-------$4,200.00,.;•
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~,
IN THE COURT'OF COMMON PLEAS OF
WASHINGTON COUNTY ,PENNSYLVANIA
ORPHANS'COURT DIVISION
NO.63-70-255
IN RE:
ESTATE OF
HAZEL C.VANCE,alk/a
MRS.W.D.VANCE,Deceased.
'1
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D E C .!E E
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JAMES R.DONALDSON
ATTORNEY AT LAW
WASHINGTON TRUST BUILDING
J WASHINGTON.PENNSYLVANIA
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased.
)
(..
)
(
NO.63-70-255
DEC R E E
/
AND Naw,June 18th,1974,upon consideration of the Petition for Ap-
proval of Private Sale and,after hearing thereon,there being no objection raised,
the sale to R.L.Zickefoose by deed of record in the Recorder's Office for Washing-
ton County,Pennsylvania,in Deed Book 1513,page 222 of
ALL that certain tract of land situate in Hanover Township,
Washington County,Pennsylvania,bounded and described as follows:
BEGINNING at.a dogwood tree;thence'by lands of R.L.Zicke-
foose,form~rly Alexander McCausland,North 66l~East 16 perches to a stone;
thence Nortn 16 0 West 15 perches to'a stone;thence North 77 3/40 East 77t
perches to a stone;thence by lands now or formerly of Gilbert McCuen,South
1/20 East 239 perches to a stone;thence by lands now or formerly of William
S.Ralston,North 89to West 34t perches to a stone;thence by lands now or
formerly of Reuben Freshwater,'No~th 4to East 5 perches to a ~tone;thence
lIorth 29to West 65 perches to a stoRe;thence North 440 West 34 perches to a
~irch tree;thence North 1/20 East 114.6 perches to the place of beginning•
•CONtAINING 107 Acres,12 Perches..
for ~e price or sum of $13,000.00 is hereby approved.
)
L:~!I t:-n'
IN THE COURT OF COMMON PLEAS fOr·WAS~~GTON COUNTY,PENNA.
.'71J"it'"--.~..-ORPHANS'·l.aUJ;RTlDIV!I:SI~)N 3D
HEARING ON PETITION FOR APPROVAL OF PRIVATE SALE OF REAL ESTATE
Deceased.
No.63-70-255
ARTHUR WILSON,ESQ.,of Washington,Pa.,
representing Madelon Barkhurst.
June 18,1974.
THE HONORABLE PAUL A.SIMMONS,Judge
of the said Court.
WRAY G.ZELT,III,ESQ.,of Washington,
Pa.,representing Nolan Thayer Vance
and Robin Vance Pettry.
JAMES R.DONALDSON,ESQ.,of Washington,
Pa.,representing the Accountant.
,
~,
TIME:
APPEARANCES:
MRS.W.D.VANCE,
ESTATE
BEFORE:
IN RE:
HAZEL C.VANCE,a/k/a,
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THE COURT:As I understand it,Mr.Donaldson,
this is the time and place for a Petition for AppIO~.val
of Private Sale of 107 acres situate in Hanover Town-
ship,Washington Co~nty,Pennsylvania.Is that correct?
MR.DONALDSON:That is correct,Your Honor.
THE COURT:In regard to the estate of Hazel C.Vance,
2
also known as Mrs.W.D.Vance,'deceased,filed at
Number.63-70-255.Whocate tour clients,Mr.ZeIt?
MR.ZELT:Nolan'Vance and Robin Vance Pettry.
Wilson,for Mrs.Madelon Barkhurst.Would you proceec?•
THE COURT:
MR.DONALDSON:
Note the appearance of Mr.Wilson,Ar hur
May it please the Court,I have here
like to offer into evidence Petitioner's Exhibit 1,~cept-
ance of.Service ~y .attorneys representing Nolan Thaye
Vance,Robin Vance Pettry and Madelon Barkhurst.
.the Acceptance of Service by Mr.ZeIt and Mi.Wilson,
which I believe should be marked as an exhibit.I'd
No.
Hearing no Qbjection,it is admitted.
In this Petition,there have been no
Any·obj ecti~:m?
No.
MR.DONALDSON:
THE COURT:'
THE COURT:
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objectio~s filed,Your Honor.I take it that there-
fore,the various allegat~ons in the Petition are·
ad~itted by the parties ..r have received a letter
from Mr.ZeIt to'the effec~·.that his clients are
satisfied.Is that corr~ci?
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MR.DONALDSON:I believe that-f-I~shouldn't say I be1ieve-
---Mr~·.Zickefoose has heard from her sistet that
she is satisfied.I.a'-m n.ot sure whether Mr.Wilson
1S in a position to ~ake ~hat statement.
THE COURT:jf Mr.Wilson
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I'•Jcanmakea statement for
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the record.
MR.WILSON:On May 24,I received a copy of the
•
subject petition,and by letter dated June 6th,of
which I will quote part,I notified Mr.s.Barkhurst of
this matter.In that l~tter I enclosed a copy of the
Petition and said,"As you can see,the Court schedul(d
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June 18th as the day on which anyone objecting to
the sale of the property to Mr.Zickefoose'can
appear in Court and file his or her objections.If yOl
wish to take,any such action,contact me well in
advance of June 18."As 'of this date,I have not
received·any call,written message or anything else
from Mrs.Barkhurst.
THE COURT:,All right.So.presumably they have no
~,,/'..~''-
,objection,is '.that correct?i~1 ",
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That is correct,Your Honor.
Mr.Donaldsori,what is your next move
they haven I t .,ent~lred any.I ..can I t say that-they don I •
/,~'.t
But they haven't"n6t-iii~d;~e'of any.
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haveno objection to this sale.
MR.ZELT:
THE COURT:
THE COURT:
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MR.DONALDSON:I move that the allegations'in the
Petition be accepted as true and I request the Court
to .s ign a Decree and I have prepared a Decree which
approves the sale.The reason J may suggest to the
Court,the reason that the sale has been affected is
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4
in order to provide funds with which to pay'the several
legatees and ~hey have been paid and we have the rece pts.
It 1S our intention to file an account,in the next
•
term.
THE COURT:
legacies.
This will satisfy some of the cash
andItwillsatisfyallthecashlegacies
between the other parties to be worked out.Am I cor ect,
small problem b~tween--not between the executrix,but
on that,Mr.ZeIt?
expenses.We are in the process of working out an
amicable division of the other farm,with which the
Court is familiar.The executrix has quite high hopee
that will be worked out.And I believe it 1S only a
we feel we will have enough cash to take care of all
MR.ZELT:Well,yes,I guess.
"
MR.DONALDSON:Maybe it's not so small.But if it wo ks,
it doesn't iimro:liVe the executrix,1S that correct?
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~that.Apparently,the land is to be divided between
oj;:~the parties if they can reach an agreement.
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Anyway,tentatively an agreement may
We don't know for certain,but
and
of this pr.oe:eeding is.to ap.prove 'the
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.,',.r''~.~,~,'.,t'f ....~,".,1..~.'.ft>"'~to l f'oil I ~....'I.tofHie107'acres,as I"uilder starid';
be in the offing.
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private sale
THE COURT:Ie
the proceeds wou~d 1e used to payoff the expenses of
(","-"!'\ ,..administrationluid a~so·ll'!ellc~s.h,legacies.
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MR.DONALDSON:
THE COURT:
MR.ZELT:
That is correct.
Very well.Do you have anything else?
No,nothing,Your Honor.
a.suggested Decree?•
THE COURT:
MR.DONALDSON:-
At this point then;have pu prepared
Yes,Your Honor.
Honor,if we work.the arrangement that we contemplate,
especially siI}ce~~ll,~.the,ttafes.t~nd expenses of
t .h -',f !',-t .~~l,t
administration will be-~aid.Mr.Zermani,did you he~r
I believe·tha~under Section 3534 and 3535 of the
\··t ~~i'rt
.Pen~~ylv:ani'!l <~r?batej'..~sta tes Cl.~l Fiduciaries Code,
\0 •;j ,:'~....~,.l 'I 1 I,:.,{l.'..1"'1 I ,~~.I,,,)f J.II oJ!J.l ..,
••, •,10,",'••;",•'-t,_'.-'","J.l,,,'""',;:r ,1 (••.'we can~'come to the Court"Wlth a~'request that the
just in case.
Is anybody in th~Courtroom other thaI
Your-Honor,I received no response.
I think we should announce the estate,
While he is.announcing that,Your
dist~lbtted.even prior to the final audit.~.,~f
r j "/',•'1!..~'.,.~....I"i"....,•..:1 think'iha't/1is .possible,Mr.Donaldscn,
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'property be
any response?
THE COURT:
MR.ZERMANI:"
(Court Crier),
THE COURT:
THE COURT:
MR.DONALDSON:
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the par~ies who entered their appearance or in other
wo~ds spoke on this mat~er,anybody else here who
might be interested in the estate of Hazel C.Vance,(Iso
known as Mrs.W.D.'Vance?
(NO ReSPONSE )
THE COURT:Hearing no response,we will entertaiI
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a suggested or~e'rfTom you';('~rl"Donaldson,at this ti e.
MR.DONALDSON:,
suggested Decree,and I present it to the touit.'.
MR.'ZELT:Yes:
we will adjourn at this time.
,I
We will read it and if ~t is satisfac ory,THE COURT:
,Theforegotng ,record of the proceedlnqs upon the.'
THE COURT::The Court will sign this order and
(Proceedings':Closed)
we will sign it immediatelYi So that everybody
understands,the pric~set f6rth in the order is
$13'~'OOO(;OO.Is that correct?
MR.WILSON':That is my unde~standing.-
THE COURT:Is it;your understanding too?
thereby certUythat the"procee<11nqs and evidence are '.
contained fully and accurately tn the notes,taken by me on the hearlng of
tbe above ca.use,and that.tbis eopy ts a correct transcrlptof the same.
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hearln;of the above cause br hereby approved.and d.irected to be filed.
By-the Court.
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~1t.tq~<ltnurt nf (ltnmmnu Jl1~an nf lIanqiugtnu <ltnuuty
(@rpqaun~<ltnurt 1!Iiuininu
In the matter of the Audit of Account in
)
Estate of HlZEL C.VANCE,a Ik la
MRS.w.D.VANCE
TO THE AUDITING JUDGE:
NO.,_---'l6l.ol3~-.l_J701;C,-!!.42:...l5!..,15 -,---_
Enter my appearance for__....:A=c.=:,.:::c.:::o..::u=n:.:t:.:a=D~t=-,_
~-?=t1L ay of~,19~
N.B.-Counsel small,by separrute 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.63-70..255
In re Audit of Account in EstaJte of
HAZEL C.VANCE,alk/a
__..MRS..-.-.W.D.VANCE t
AUDIT
'rarripr fnr,Appraraurr
FOR
Accoudant
..JAMES R.DONAlDSON
Attorney
~2
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PETITION SUR AUDIT
IN THE ORPHANS'COURT OF WASHINGTON COUNTY
Testate Form j
Estate of J.~.~.~..~!..y.MJ9.~,~l.kl.~-..
...................~~w!p..'!...y~~.2 .
Deceased
No 6.3.~.7.Q~.2.55 .
Fiduciary -"-~~;t;~..~;t;~~~~~_1 .
.lx.e,c.utrix .
Date of Date of
Decedent's death F.ekva.r.y...12-t-ht 197-0..····Grant of Letters..~ch..llthT..1970 ~·..
This is the SeCQBd account filed in this estate
If there have been former accounts filed in this estate,list file number or number and term 6.3:~.1.Q.~.~.5.5 .
Election to take
Under or Against will.(cross out one)
--NOT APPLICABLE
Date Election Place of;
Filed Record ,.
Name of surviving spouse JfO..SpDUSe..S11l'Yi.v.ed.':::.
List issue,where material:
Did decedent marry after execution of will?(indicate)•.No.Any children born after execution of will?(indicate).......,
XB No.If answer yes,name them.,":..,
I
Leg.atees Relationship Interest Fiduciary,if deceased or not sui juris
MARJORIE C.WEIGEL
VAL11AN WILSON
ADA C.FISCUS
BERTHA C.GLASPEY
FLORENCE H.WEST
PORTERSVILLE CEMETERY
JUANITA ZICKEFOOSE
MADELON BARKm1RST
HOLAN THAYER VANCE
ROBIN GAYLE VANCE
\
Sister
Sister
Sister
Aunt
Aunt '
None
Daugbter
Daughter
.Grandson
Granddaughter
Legacy $1,000.00 PAID
Legacy 1,000.00 PAID
Legacy 1,000.00 PAID
Legacy 500.00 PAID
Legacy 500.00 PAID
Legacy 200.00 PAID
Legacy 1/3 residue
Legacy 1/3 residue
Legacy 1/6.residue
Legacy 1/6 residue
List,if exceptions to above:Adeemed:Revoked:".Lapsed:Abated:Give··Cause:
If partial intestacy,give facts:
NONE
Notice to interested parties.Have all parties,having either vested or contingent interests and all crEldiors entitled
to notice (Court Rule No.9 paragraph C:Section 6:Subdivision c)received written notice of the filing of the account
and of call of audit?Yes.11lxx
If any exception give cause:~·.
File copy of Notice
and date of mailing .
'.
"
Is estate subject to the filing of a Federal Estate Tax Return?~~::.
..."..$1,000.00 and
Actual payment made on Pennsylvania Transfer Inheritance Tax.Amount $2).000 00 ···;··········
If the Will makes any portion of estate subject to a life-estate,give name and birth date"of life tenant .
................................................................................'BDHE..
Give Names and addresses of all unpaid creditors who a re legally entitled to notice,tog,ether with the amounts
of such claims';state whether they are admitted to be c9rrect;and whether the claim is denied.
NONE
Give reference to such parts of the will as require interpretation by the Court;a reference to all questions re-
quiring adjudication,and a statement of any other facts deemed necessary for the preparation of the adjudication:
.The Court has had before it prior to this Audit the following:
(1)Application for Possession by Robin Vance Pettry.,
(2)Sale of 107 Acres
Presently before the law division a Complaint by.Madelon.Barkhurst and husband to compel
conveyance to them of the 85.604 Acres.
$381.65
66.79
Balance for distribution per account,
Itemize any additional debits not shown by account:
To correct error in reaward 9£Prin-
cipal Personalty
Int.-1st Fed.S.&L.
$~?1.~~?~.~~.
Total additional debits (Add)
Itemize any additional credits
West Penn Power
Wray ZeIt-Counsel Fees
Notary
Inheritance Tax
not shown by account:
$12.57
500.00
2.50
2,OQO.OO
$....4.4.8.!.44.................448.44
$46,064.06
Total additional credits (Subtract)".'
Balance for distribution
$..~.~.~.~.~.~.~.?...................2,515.07
$~~.,.~.~.~.?~-
If bolance for distribution is not in cash,list each item held in kind,giving appraised Value (or distribution Value);
"
Furniture
Real Estate
$942.00
38,000.00
.-
~__~~..~__._.~••o._._•.-....J
I
}.
If Family Exemption claimed by Petition,give place of Record:'.
If Family Exemption is claimed at audit,give name,relationship and basis for Claim:.
List any advancement or distribution on 'account that has been made,and nature and am'ount of same:
NONE
Suggested distribution of balance shown,both as to principal and income,attaching signed and itemized elections
to take in kind if balance is not in cosh:residuary shares being stated in proportions:
Balance ta Executrix for further accounting.
COUNTY OF WASHINGTON,SS:
COMMONWEALTH OF PENNSYLVANIA.
The above named Fiduciary or representative thereof,
being duly IjJ.wo.ru doth depose and say
that the facts set forth in the foregoing petition are true
to the best of hex:knowledge and belief.
And your petitioner will ever pray,etc.
•'!'.
------SWJl>rD.--------------------_to and subscribed before '2~..J::n:::r~-:::;:::-~~;ti1----ZJ.~~:~if~zl~----------
T·tl f Off-'I -----------------------------------------------------------------------------------------j'e 0 Icer to,TH.........................................':11"""",l.~G"P
Off··CoIl1/11 on,..,.;:~"0',,-,Ice explres.........•.••....•....:·J~:~~::.blfc .
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No._.._63.~.1.0~.25_5 .._
Estate of l~_•.l!_.c.9__.Y-.t\Nc.~.l...~l.kL~_ .
MRS.W.D.VANCE,.....- - --..-__- -.
Deceased
Fiduciary .J.~;t;~__~};~~~99~~.l.._.__
Executrix
PETITION SU R AUDIT
FROM WHERE DECEDENT LEFT A WILL
Counsel of Fiduciary will submit herewith the
following,in conformity with Court Rules
adopted effective December 3,1951,being
rule No.9:paragraph b-c;and divisions
there<?f:shown on pages 23-24.
1.Written praecipes of all Counsel in the
case.
2..Copy of order appointing Guardian ad
litem,if pertinent.
3.Copy of Order appointing Trustee ad
litem,if pertinent.
4.Proof of service of above.
5.Letters Testamentary or Administration
C.T.A.or an attest copy of Will.
6.Copy of inventory and appraisement.
7.Proof of advertisement of grant of letters
if not filed with account.
8.Certificate of liens in case any of the
funds for distribution are from judicial
sale of real estate.
9.Signed and itemized elections if any
distribution in kind.
10.Copy of Federal Estate Tax return if es-
tate is subject thereto.
•••••••_•••_••;,~.~_••~!I:lQ~W~_QN.._ .
Attorney
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IN THE COURT OF COMMON PLEAS 6F WASHINGTON COUNTY ,PENNSYLVANIA
ORPHANS'COURT DIVISION
..
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE;Deceased.
)
:HO.63-70-255
(
:WASHINGTON,PENNA.,JULY 22,1974
),.
!1 .Q.1.!C E
NOTICE is hereby given that the Accountant,whose name appears below,has filed
her Second Account,a copy of which is enclosed,to the above number;that said Account
will be presented to the Orphans'Court Division of the Court of Common Pleas of Wash-
ington County,Pennsylvania for confirmation on MONDAY,AUGUST 26th,1974,and will be
audited the week commencing SEPTEMBER 9th,1974.
You may appear if you so desire at the time of Audit,but it will not be necessary
for you to do so,unless you want to take exception to the Account,or to any claim
which has been presented,or to present a claim of your own.
JUANItA ZICKEFOOSE
Executrix
JAMES R.DONALDSON
614 Washington Trust Bldg.
Washington,Penna.15301
Attorney
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RECEIPT FOR·CERTIFIED MAIL-30¢(plus postage)
SENT TO -li!~TMARK...nMrs~Madelon Barkhurst .'"..\;.\,..J ~
STREET AND NO....;::.>J!:>\~R.D.fl1,Box 127 (,~.2,dl 1;
P.O.,STATE AND ZIP CODE·'9~j;::"
,u e e '74 ''.~
DP IONAl SERVICES FOR ADDITIONAL FEES (-/~',:
RETURN ~1.Shows to whom and date delivered X 1 :;CRECEIPTWithdeliverytoaddresseeonly65¢2.Shows to Whom,date and Where delivered ..35¢SERVICES With delivery to addressee only 85¢
DELIVER TO ADDRESSEE ONly 50t
SPECIAL DELIVERY (extraf..required)_--
PS Form 3800 NO INSURANCE COVERAGE PROVIOEO-(See other ,ide)
Apr.1971 NOT FOR INTERNATIONAL MAIL "GPO:1972 0 _480-743
STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmaill,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front!
1.If you want this receipt postmarked,stick the gummed stub on the left portion of the address
side of the article,leaving the receipt attached,and present the article at apost office service
,.'window or hand it to your rural carrier.(no extra charge)
2.If you do nat want this receipt postmarked,stick th"e gummed stub on the left portion of
/the address side of the article,date.·detach and retain the receipt,and mail the article.
3.I.f you want a return receipt,write the certified-mail number and your name and address onareturnreceiptcard,Form 3811,and attach it to the back of the article by 'means of the
gummed ends.Endorse fronPof article .RETURN RECEIPT REQUESTED.
4:1ff you want the article delivered only to the addressee,endorse it on the front DELIVER TO
(ADDRESSEE ONLY.PJace-the same lendo~sem~nt in line 2 of the return receipt card if thatserviceisrequested..",•'.."
,save this receipt and present it if you make inquiry.
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U.S.POSTAL SERVICE
OFFICIAL BUSINESS
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Postmark of Delivering Office
SENDER INSTRUCTIONS
Print in the space below your name,address,includingZIP Code."L •If special services are desired,check block(s)on otherside.T •Moisten gummed ends and attach to back of article.
James R:~Donaldson,Esq.
614 Washington Trust Bldg.
Washington,Pa.15301
Ia '5.I'...
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RETURN
......·10
.,
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SENDER:Bi,sure to follow instructions on other side
PLEASE FURNISHSERVICE(S)INDICATED BY CHECKED BLOCK(S)"--...._-
(Additional charges required for these services),
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REGISTERED NO.
CERTIFIED NO.
810209
INSURED NO.
Show address
where delivered O Deliver ONLY
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MrS.Robin Vance Pettry
STREET AND NO.
R.D.111
P.O.,STATE AND ZIP C.ODE
Bul~er.Penna.15019
OPTIONAL SERVICES FOR ADDITIONAL FEES v
RETURN ~1.Shows to whomaiiillIatellelivered ~T!iT'
RECEIPT With delivery to addressee only 65¢
2.Shows to Whom,date and where delivered ..35¢SERVICES With delivery to addressee only 85¢
DELIVER TO ADDRESSEE ONLy 5011
SPECIAL DELIVERY (elCtrof..required);--
PS Form 3800 NO INSURANCE COVERAGE PROVIDED-
Apr.1971 NOT FOR INTERNATIONAL MAIL
\
..,~STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmaill,..
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see fro-ntl ~
1.If '".'"Ih;,,"'.;pI posIm"••d,,",.Ih••,mm.d """tho I.It port,,,of th.,dd..".side of the article,leaving the receipt attached,and present the article at a post office service I
window or hand it to your rural carrier.(no extra charge).t
2.If you do not want this receipt postmarked,stick the gummed stub .on the left portion of
_t,he address sidel of the.article,date..detac~,and retain the receipt,and mail the article.
3;If you want a return receipt,write the certified'mail number and your name and address on
a return receipt card,Form 3811,and attach it to the back Of the article by means of tile"
gummed ends.EndorSe front of article RETURN RECEIPT REQUESTED..{i .~\\~.,"
4.If you want the article delivered only to the addressee,endorse it on the front DELlVi,R TO
ADDRESSEE ONLY..elace the,same ,endorsemenUnlil]e 2 of the return receipt card ifthatserviceisrequested..-",.-,'..'
5.Save this receipt and present it if you make inquiry.
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(See ot"e,side)
."GPO :19'12 0 -460-743
NO INSURANCE COVERAGE PROVIOED--NOT FOR INTERNATIONAL MAIL
lENT TO .JMlSTMARK
r.Nolan Thayer Vance /~'1""V~;..,,1;,;:>
STREET AND NO./.:;.t'15~1R.D.#4 ,.
P.O.;STATE AND ZIP CODE \\.'"McDonald,Penna.15057 \/.\..?i1 ~..:.
OPTIONAL SERVICES FOR ADDITIONAL FEES.'\:'---~'"RETURN ~t.Shows to whom and date delivered .......X.!~i '<)
RECEIPT With delivery to addressee only ............6S¢-2.Shows to whom,date and where delivered ..3S¢.SERVICES With delivery to addressee only ............85¢
~,IVER TO_~DDRESSEE ONLY ......................................................._S.c!L
SPECIAL DELIVERY (extraf..required)....................................
PS Form 3800Apr.1971
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~';.~.'RE~~IPT FOR-CERTIFIED MAIL-30¢(plus postage)
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·STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail),
CERTIFIED MAIL FEE,,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see frontl
I,If you want this;aceipt postmarked,stick the gummed stub on the left portion of the address
side of the article,leaving the receipt attached,and present the article at apost office service
,'window or hand ii to your rural carrier.(no extra charge).
2.If you do not want this receipt postmarked,stick the-gummed stub on the left portion ok.
the address side,of the,article.••,date,detach and retain the receipt,and mail,the article.
3.If you want a'return receipt;'write'the certHi~d.inail number and your name_~a.nd address on"
a return receipt card,Form 3811,and attach it to the back of the article'by means of the"!
gummed end~.Enllorse:'front of article RETURN RECEIPT REQUESTED.I
4.'::'41 you want the article delivered only to the addressee,endorse it on the fro"nt DELIVER TO
ADDRESSEE,ONtY.Place the same endorsement inHne 2 of the return receipt card if thatserviceisrequested.<'.,'.-.:
5.Save this receipt and present it if you make inquiry.
SENDER:Be.sure to follow instructionf'on other side
PLEASE FURNISH SERVICE(S)INDICATED BY CHECKED BLOCK(S)
(Additional cherues reql!ired for these services)
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,REG ISTERED NO."
CERTIFI ED NO.
810211,
INSURED NO.
Show address
where delivered O Deliver ONLY
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(Only if reql!ested,ana include ZIP Cod'fl
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OFFICIAL BUSINESS
Prinl in Ihe space below your name,address,including ZIP Code."L •Ifspecial services are desired,check block(s)on olherside•T •Moislen gummed ends and attach 10 back of article.
James R.Donaldson,Esq.
614 Wash.Trust Bldg.
Washington,Pa.15301
E··~·-J -,
RETURN
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IN THE COURT OF,COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
•"':"IORPHANSICOURTDIVISION
",iLl'
ESTATE OF
HAZEL C.VANCE,:a/k/a ~..
MRS.W.D.VANCE,Deceased.
)
aa
<'
)
-.NO.63-70-255'
•R E C E I P T
KNOW ALL MEN BY THESE PRENSETS,that PORTERSVILLE CEMETERY ASSOCIATION,hereby
acknowledges to have received from JUANITA ZICKEFOOSE,Executrix of the above estate,
the sum of TWO HUNDRED &NO/lOO ($200.00)DOLLARS,in accordance with the provision.-
of item EIGHTH of the Will of HAZEL C.VANCE,a/k/a MRS.W.D.VANCE,Deceased,which
is namely "the same to be used for the care of the graves of my parents,brother and
sister,namelY,WaH.Covert,Ada Covert,Philo Covert and Pauline Covert.",and it does
~c~hereby authorize and .empower'the Register of Wills in -and for ·said County to enter and
file this Receipt.
IN WITNESS WHEREOF,PORTERSVILLE CEMETERY ASSOCIATION has hereunto set its hand
and seal this
RECORDER OF DEEDS.OFFICtALTITLE
Comm.stiOn .~pJf'tim''Monday in Jan.1976
..
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased.
)
(..
)
NO.63-70-255
R E C E I P T
KNOW ALL MEN BY THESE PRESENTS,that,I,MARJORIE C.WEIGEL,do hereby acknowledge
to haverec'eived,from 'JUANITA ZICKEFOOSE,'Executrix of the'above estate,the sum of,~~l-',,~",..-...,.\~t!,...'\"'-
t .~•. •-\t -::"-..d'"I...•....' ,'.~~*,..~~1-
ONE THOUSAND &NO/lOO ($1,000.00)DOLLARS,being the legacy given to me at item THIRD
of the Will of HAZEL C.'VA~CE,a/k/a MRS.~.D.VANCE,Deceased,and·I do hereby au-
•~.t~~_..,_'~~~
thorize and empower the Register'of ~i11;in and for said County to enter and file
~i:'~•j ;,',;.f ••..•..
I have he~eunto set ~y hand and seal at .i3JL4~v
this Receipt.
~WITNESS WHEREOF,
)f~~,this IO;d•day of -<J~..::::~=.~==:::;...--'1974.
WITNESS:
~-
d
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
ESTATE OF
HAZEL C.VANCE,alkla
MRS.W.D.VANCE,Deceased.
)
(
)
NO.63-70-255
R E C E I P T
KNOW ALL MEN BY THESE PRESENTS,that I,VALJEAN WILSON,do hereby acknowledge to
have received from JUANITA ZICKEFOOSE,Executrix of the above estate,the sum of ONE
THOUSAND &NO/100 ($1,000.00)DOLLARS,being the legacy given.to me at item FOURTH
I"l //.;
of the Will of HAZEL ~.VANClh \a/k/aMRS."~('/D.VANCE,Dec~ased"and I ?O,h~re~y au-
••.f,,~,.~I_p~)1-:,;~1 "',,'-':;..~·..p~.l",~_t .....
thorize and empower the Register 'of Wills in 'and for said'County to'enter and'file
$t .•~
4'~"•_~
~.I~~TNESS WHEREOF,I have hereunto's'~t lDy!hand"and "
~~,this I 0 day of...,..J I",
..~,_~\,)i"~~
this Receipt.
WITNESS:
~i-~~J1~'~d1~J~a..:.....,~9l~'~~~__(SEAL)U (va1jean Wilson)
ti •
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
cl ,
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased.
)
(
)
NO.63~70-255
R E C E I P T
KNOW ALL MEN BY THESE PRESENTS,that I,ADA C.FISCUS,do hereby acknowledge
to have received from JUANITA ZICKEFOOSE,Executrix of the above estate,the sum of
ONE TH9USAND &NO/100 ($1,000.00)DOLLARS,being the legacy given to me at item
FIFTH of the Will of HAZEL C.VANCE,a/k/a MRS.W.D.VANCE,Deceased,and I do here-
by authorize and empower t~e Register of Wills in and for said County to enter and
file this Receipt.
•IN)fITNESS ~BllOF.1 ba;Ve'hereunto s.e~my baud and seal a";J.u }~dt /
i/tV ,this /J,;t:/..day of ~4.if ,1974.
(SEAL)
.'
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IN THE COURT OF COMMON PLEAS OF 'WASHINGTON COUNTY,PENNSYLVANIA.~
,"
ORPHANS 1 COURT DIVISION
'"~~._.~~,!'"-~.-i',..~:\
'"-t:-'l~t•
..•>-
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased.
r'
(
)
NO.63-70-255
,j
R E C E I P T
KNOW ALL MEN BY THESE PRESENTS,that I,BERTHA C.GLASPEY,do hereby acknowledge
to have received from JUANITA ZICKEFOOSE,Executrix of the above estate,the sum of
FIVE HUNDRED &NO/lOO ($500.00)DOLLARS,being the legacy given to me at item SIXTH
of the Will of HAZEL C.VANCE,a/k/a MRS.W.D.VANCE,Deceased,and I do hereby au-
thorize and empower the Register of Wills in and for said County to enter and file
this Receipt.
I~ITNESS WHEREOF,I have hereunto set my
'-I/c,---,this /J 7tA day of
band and seal at'~1 ~'111¥,1974.
/
WITNESS:
//...;LL4-~~::::LE:~~(/~J<r:.,~M.::..j0"-::'L (SEAL)
,(Bertha C.Glaspey)U·
~~.~)
"..,
.."",
,.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION-
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased.
)
(..
)
NO.63-70-255
R E C E I P T
KNOW ALL MEN BY THESE PRESENTS,that I,FLORENCE H.WEST,do hereby ac~nowledge
to have received from JUANITA ZICKEFOOSE,Executrix of the above estate,the sum of
FIVE HUNDRED &NO/100 ($500.00)DOLLARS,being the legacy given to me at item SEVENTH
of the Will of HAZEL C.VANCE,a/k/a MRS.W.D.VANCE,Deceased,and I do hereby au-
thorize and empower the Register of Wills in and for said County to enter and file
this Receipt.
J9~-
l2?Z'"(t=__,1974.
IN WITNESS WHEREOF,I have hereunto set "my hand and seal at ~~-------
_..Li?_CLJ-=-,this -7-)!~~=---day of
WITNESS:..
"___.."q,~th.........·Y'J~Y-~~~·",-=-'.~..~~.':/,,:--",,;.-;-;""--/:-;I+rl_"__(SEAL)
"(Florence H.w*K~
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Co :3 -70 -::2 S-.s-
IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
CIVIL ACTION-EQUITY
~£95D TN F!AHTq:iV
DAVID L.BARKHURST and
MADELON V.BARKHURST,h/w,
Plaintiffs,
vs.
JUANITA ZICKEFOOSE,Executrix
of the Estate of Hazel C.
Vance,Deceased,
Defendant.
INTERROGATORIES TO
PLAINTIFFS
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W RAY G.Z E L TIll
ATTORNEY AT LAW
23 EAST BEAU STREET
~Pct,Wi31N'~_UCrAJ
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
CIVIL ACTION -EQUITY
'INTERROGATORIES TO PLAINTIFFS
N~I~U-:l.-I:,J,:.TY~__
Defendant.
Plaintiffs,
vs.
DAVID L.BARKHURST and MADELON
V.BARKHURST,his wife,
TO:DAVID L.and MADELON V.BARKHURST
c/o Arthur M.Wilson,Esq.
325 Washington Trust Building
Washington,Pennsylvania 15301
)
)
)
)
)
)
)
JUANITA ZICKEFOOSE,Executrix )
f the Estate of Hazel C.Vance,)
eceased,)
)
)
You are hereby ~equired to answer the following Inter-
ogatories,,under o~th and ~n w"riti~g,within tw.enty (20)days
following the date of service hereof.
1.State the names and addresses of all individual
ersons and organizations consulted regarding the financing by
laintiffs of the purchase of the 84.438 acre tract in Robinson
ownship.
2.With regard to each of the foregoing,.give:
(a)The amount of the loan requested;
(b)The names of the particular persons with whom
the loan was discussed and their telephone numbers;
(c)Details regarding the negotiations and the
present status of the loan.
1.I't.
3.Which,if any,of the foregoing loans do you believe
were available,i.e.the lendor was definitely prepared and will-
ing to lend you the requested amount,and as of what date.
4.If the Court should decree that a sale to plaintiffs
must be made,how,.with respect to the foregoing loans or other-
wise,do you intend to make payment•.
5.Give the nature and amounts of all income including,
but not limited to,wages,social security,dividends,pensions,
etc.,currently being received by ,
(a)David L.Barkhurst
(b)Madelon V.Barkhu~st
6.Give the date of birth for each plaintiff.
7.Do you agree that the original agreement for the
sale of the tract to the plaintiffs by the Executrix was not
executed or signed for any purpose by the Executrix.
8.Do you agree that,if in fact and for whatever pur-
pose,the Executrix,Juanita Zickefoose,signed an agreement of
sale to the plaintiffs,the terms thereof were not the same as in
the original agreement.
9.If your answer to the foregoing is in the affirmativ ,
state the revised terms of the second agreement.
10.Had you or your attorney .ever advised the Executrix,
Juanita Zickefoose,or her attorney that you were willing to enter
into the agreement as revised..-~.--._-.._.-.~.-.
(~-:~~_._._--___.\,........
\Wray G.Z tIll
\Attorn for Defendant
- 2 -
••l''••
CERTIFICATE OF SE.RVICE
I hereby certify that on the 4th day of October,1974,
a true copy of the within INTERROGATORIES TO PLAINTIFFS was
~ailed by pre-paid,first class mail,to the following person,
.:~.
being the other attorney of record in this proceeding.
ARTHUR M.WILSON,ESQ.
325 Washington Trust Building
Washington,Pennsylvania 15301
(Attorney for Plaintiffs)
.::.----,,"-"'~~-"'.'-'
III
Defendant
[
I'
!
CIVIL ACTION-EQUITY
NO.6959 IN EQUITY
)
)
)
)
)
)
)
)
)
)
)
)Defendant.
Plaintif~
I
I
I IN THE COURT OF Cm,n'iON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIAI
\III DAVID L.BARKHURSrr and
!IHADELON V.BARKHURS'I',his wife,
I-.I,.
II'vs..I .
!ll JUMJITA ZICKEFOOSE,EXECUTRIX
II OF 'THE ESTA'I'E OF HAZEL C.
'lVANCE,DECEASED,
I
II
II
MOTION TO TRAl'JSFER
AND NON comes the defendant,by her counsel,and moves
your Honorable Court to make an Order directing that the within
The issues involved in this suit in equity arise1.
!proceedings be transferred to the Orphans'Court Division of the
,III Court of Common Pleas by reason of the following facts and cir-
II cUIostances:
I .
out of the disposition of a tract of 84 acres which is one of the
2.The aforesaid estate is in the process of adminis-
Section 711 of the Probate,Estates and Fiduciaries3.
II Code of Pa.provides that the Orphans'Court Division has mandator
power in proceedings involving disposition of real assets of an
,estate.
4.The Hazel C.Vance Estate proceedings are docketed
lat No.'63-70-255.
AND she will ever pray.
Il
II
I
I
I
CONSENT
I,ARTHUR M.WILSON,ESQ.,counsel for the plaintiffs
in the within proceedings,
-"I\Transfer.
t"i-II-~I(/"l~~/'i1t~'-jl>9 lei II
-""f/~'II
hereby consent to the within Motion to
Artnur M.\f\TITSon
Attorney for Plaintiffs
~F-rVI ~/1,~i~t--hvv Il?</-
It:-n~Is f~f lL.tJy;-~f (!,,-w,r
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\;/-jl /;/r.2 tf7,d'-~rZ""(//'/I-"/,-;.~~_t~aA/
11 ,-,;73-7;/?/-z
__I"-.-
From the record,
ATTEST:"
,i
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Plaintiffs,
'10'·
MOTION
-
•.,...<J?([)£Tl:z 4.rrl "'-J ..~~~r ~n CJ.,"'".'7C~'~-
<~~..........
(,1
vs.
JUANITA ZICKEFOOSE,
OF THE ESTATE OF
VANCE,DECEASED,..-
:cr.
·DAVLDL.J3ARKHlJRST and
,MA'DELON V.BARKHURST,his
sife,
,#.:
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~~;~""':".;,",.;";....•·+.1,I;./':",'.,
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.,
.,
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••)
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
CIVIL ACTION -EQUITY
DAVID L.BARKHURST and
MADELON V.BARKHURST,his wife,
Plaintiffs,
vs.
JUANITA ZICKEFOOSE,EXECUTRIX OF
THE ESTATE OF HAZEL C.VANCE,
DECEASED,
Defendants.
)
)
)
)
)
)No.6959 In Equity
)
)
)
)
)
)
AND NOW,this
OR DE R
I y(.Lb -day of October,1974,upon
consideration of the foregoing motion,I hereby d~&~~ali£y mysQlf
f~m presiding oyer ~t bfial of-tb;s actio~and hereby,
...,
4,
"\
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
CIVIL ACTION -EQUITY .
DAVID L.BARKHURST and )
MADELON V.BARKHURST,his wife,)
)
Plaintiffs,'.~:tk b37tJ -..2 J -"J
vs.)No.6959 In Equity
)
JUANITA ZICKEFOOSE,EXECUTRIX )
OF THE ESTATE OF HAZEL C.VANCE,)
DECEASED,'!if.', )
)
Defendant.)
MOTION FOR DISQUALIFICATION
AND NOW,comes the above-named Plaintiffs,who,through
their attorneys undersigned,file this motion for disqualification
of which the following is a statement:
1.The above-captioned action is an action of specific
performance by legatees under the will of Hazel C.Vance,deceased,
against the executrix of said estate.
2.By Order dated September 16,1974,said action was
transferred to the Orphans'Court Division.
3.A hearing on said action has been scheduled for
November 19,1974,before the Honorable Paul A.Simmons.
4.On March 12,1974,a proceeding on said estate was
held before said Judge at which time the issue of the power of
the executrix to sell real estate from said estate was discussed.
5.At that time,said Judge informed the executrix,
that,despite the provisions of the decedent's will,she was not
to sell said real estate to any legatees without first ascertain-
ing if she could receive a better offer from third parties.
6.Under the terms of said will,the executrix could
sell said real estate as she may deem best.Paragraph Second of
said will provides as follows:
"I direct that my personal representative,in
:
addition to and not in limitation of any authority
given to said personal representative by law,shall
have the power to sell all or any part of my real
estate at any time,at either public or private
sale,for such price and upon such terms as my per-
sonal representative may deem best."
7.On March 22,1974,_counsel for the executrix filed
exceptions to the advise of the court in which he contended that
the court was attempting to rewrite the decedent's will.A copy
of said Exceptions are attached hereto and marked as Exhibit "A".
8.Counsel for the estate and other counsel represent
the executrix in the within action.
9.In Paragraph 14 and Paragraph 15 of their New Matter
to the complaint in equity,counsel for the executrix attempt to
use Judge Simmons'instructions of March 12,1974,as a defense,
and plead as follows:..
...
"14.The parties hereto during their negotia-
tions and as a concomitant of the agreement to sell
the tract to the plaintiffs agreed and understood
that the sale of the tract,whether to the plain-
tiffs or other persons,was to be negotiated and
transacted in accordance with the directions of the
Honorable Paul A.Simmons,Judge of the Orphans'
Court of Washington County,Pa.,which said direc-
tions were for the legatees to cooperate with each
other and unless they decided upon a disposition of
the tract as between each other to attempt to obtain
the reasonably highest price possible for the tract."
"15.The defendant as well as the legatees,
Nolan T.Vance and Robin V.Pettry,acted at all
times pertinent hereto in accordance with the afore-
said directions of the Court."
10.Plaintiffs believe that said instructions of March
12,1974,were contrary to the law and contrary to the terms of
said will,and that obedience to said instructions is not a valid
defense in said action.
11.The Defendant,in her deposition,and counsel for
the Defendant,in his deposing of the Plaintiffs,allege that
said instructions of the court were binding on the parties.
-2-
'.
12.Plaintiffs believe and therefore aver that they
will be prejudiced in the trial of this action insofar as the
court has already stated its position on this matter and the
Defendant is availing herself of these instructions as a defense.
WHEREFORE,Plaintiffs move that the Honorable Paul A.
Simmons disqualify himself from the trial of this action and
appoint another judge to preside.
GREENLEE,RICHMAN,DERRICO &POSA
Byl!tt~I1J ItJck
Attorneys for Pla~ntiffs
.,
-3-
-.~.
IN THE COURT OF COMMON PLEAS OF WASlUNGTON COUNTY,PENNSYLVANIA
ORPHANS t COURT DIVISION
IN RE:
ESTATE OF
HAZEL C.VANCE,tAlk/a
MRS.W.D.VANCE,Deceased.
)
(
••
)··(
NO.63-70-255
....
E X C E P T 1 9 N S
TO THE lrot$RABLE,PAUL A.SIMMONS.JUDGE OF'SAID COURT:
AND NOW.comes JAMES R.DONALDSON,Attorney for the Executrix of the
Estate of HaZel C.Vance,also known as Mrs.to1.D.Vance,Deceased,and files excep-
tiona to the several orders,directions,decrees and determinations of the Court.under
date of March 12,1974,except the order dismissing or denying the petition of the Exe-
cutrix for approval of private sale to}heme~Jall for the follOWing reasons:
1.The several determinations,orders and directives were directed towards
the holding of public sales of the real estate.contrary to the terms of the laU.
2.The several determinations,orders and directives directed the Execu-
trix to sell the 107 Acre;tract prior to the sale of the 84.43 Acre tract.
3.The several determinations,orders and directives str~d the personal
representative of the discretion given her at item SECOND of the Will in ~hich the de-
ceased directed that her lIpersonalrepresootative•••••••shall have the pOl-lor to sell al~
or any part of my real estate at any time,at either public or private sale)for such
price and upon such terms as my personal representative may deem best".
4.The several det.erminations,orders and directives have the effect of re-
writing a portion of the decedent's Will.
Thei.Jimdtarsigned requests permission to file more specific exceptions within
ten (10)days after the record'has been transcribed.
Attorney for the Executrix of the Estate of lIazel c.
Vance)alk/a Mrs.W.D.Vance,Deceased.
March 22,1974.
EXHIBIT A
--_...-....-.._-=:--=-~---~
./
------_/
,;I I •.
IN 'J:HE COURT or C(».1!WN Pl&\s OF HASHINGTON COUNTY.PENNSYLVANIA
ORPHANS I COURT DIVISION .
IN RE:
ESTATE OF .
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased.
)
(
•.
)
:
(
o R D E R
NO.63-70-255
AND NOtoJ.,1974,the within Exceptions are directed
to be filed and permission is granted to JAMES R.DONALDSON to file more specific ex-
eeptions within ten (10)days from the date that the record has been transcribed.
By the Court,
~
'.
t.
'.
.'
G 3 -70-C:<S-!r
N THE COURT OF COMMON PLEAS
F WASHINGTON COUNTY,PENNA.
CIVIL ACTION-EQUITY
No.6959 In Eaui~v
DAVID L.BARKHURST and
MADELON V.BARKHURST,h/w,
Plaintiffs,
vs.
JUANITA ZICKEFOOSE,Executrix
of the Estate of Hazel C.
Vance,deceased,
Defendant.
INTERROGATORY TO PLAINTIFFS
~,
n---'"i"",']-
':--"/--r ~
~'"':~W'R,rAy....G.ZELT III":"~...(,',...'"~-f_
ATTO'RNEY A"I:.,LAW
23 EAST BEAU STREET
WASHINGTON.PA.15301
rIfJit./~'{~/Id-11
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
CIVIL ACTION-EQUITY
)
DAVID L.BARKHURST and
MADELON V.BARKHURST,his wife,
Plaintiffs,
vs.
JUANITA ZICKEFOOSE,Executrix
of the Estate of Hazel C.Vance,
Deceased,
Defendant.
)
)
)
)
)~--.l~?~6959 :n E~
))/tJ t'3--7tJ-02
)
)
)
)
·INTERROGATORYTO P:LAINTIF:FS
TO:DAVID L.and MADELON V.BARKHURST
c/o Arthur M.Wilson,Esq.
325 Washington Trust Building
Washington,Pennsylvania 15301
You are hereby required to answer the following addi-
tional Interrogatory,under oath and in writing,within twenty
(20)days following the date of service hereof.
1.State where and when the tender of the purchase
price to the Robinson Township tract was made to the Executrix or
her attorney and describe the nature of the tender,e.g.check,
cash or other.
III
r Defendant
r .....'......
f a.1 '.1
CERTIFICATE OF SERVICE
I hereby certify that on the 10th day of October,1974,
a true copy of the within INTERROGATORY TO PLAINTIFFS was mailed
by pre-paid,first class mail,to the following person,being the
other attorney of record in this proceeding:
ARTHUR M.WILSON,ESQ.
325 Washington Trust Building
Washington,pennsylvania 15301
.(Attorney for Plaintiffs)
tIll
or Defendant
I
IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
No.6959 In Equity
;'-........--I ..
-0~-70-;(5 '3
DAVID L.BARKHURST and
MADELON V.BARKHURST,h/w,
Plaintiffs,
vs.
JUANITA ZICKEFOOSE,Executri
of Estate of Hazel C.Vance,
deceased,
Defendant.
--...,
o R D E R
.'
,,~
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rv
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)
WRAY G.ZELT III
ATTORNEY AT LAW
23 EAST BEAU STREET
£Mt.~:i~PA~I/0_
,l
,.>
)
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
CIVIL ACTION-EQUITY
DAVID L.BARKHURST and MADELON )
V.BARKHURS T,his wi fe,)
)',
Plaintiffs,)£3-7(j-cJSS-
)
vs.)NO.6959 IN EQUITY
)
JUANITA ZICKEFOOSE,Executrix )
of the Estate of Hazel C.Vance,)
deceased,)
)
Defendant.)
.OR DER
AND NOW,this'~day of January,1975,it is hereby
ORDERED that a hearing will be held on the'·;2·7 ~day of
1I~f;fA~~~~::::;J~'1975,at :;Lt-:'·fh).~.M.,at which time evidence
testimony will be taken on the issues raise
in the above captioned suit.,
Counsel shall
of their contentions to
1975.
present Pre-Trial memorandums in support
the Court on or before~~l f.:s
I
If the parties should arrive at an amicable settlement
prior to the aforesaid hearing date,they will nevertheless meet
in Court on said date and the settlement will be made a matter of
record in this case.
/
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANI~
ORPHANS'COURT DIVISION
No.6959 In Equity
CIVIL ACTION -EQUITY
ESTATE OF
HAZEL C.VANCE,
IN RE:
Deceased.
)
)
)
)
)
)
).-.-r;
).-~'..~-,~.--
~_,,,/'..{-',.....J~IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNty,PENNSYLVANI!\zzIIIIl.
io~DAVID L.BARKHURST and )
~MADELON V.BARKHURST,his wife,)
~)~Plaintiffs,)
~)~vs.j
~JUANITA ZICKEFOOSE,EXECUTRIX )
G OF THE ESTATE OF HAZEL C.VANCE,)
o DECEASED.,)
;)
J:..,...
N
TRANSCRIPT OF GONCILIATION MEETING TN CHAMBERS
APPEARANCES:
iiill:IIIl-ll:o
l:i BEFORE:II:
I-a:
:JoU
.J-<
uii:ll.o
,.\
•,
j ...";',;
THE HONORABLE PAUL A.SIMMONS,Judge of
the said Court.
JAMES R.DONALDSON,.ESQ ..,of Washington,
Pa.,rePresenting Mrs:Juanita Zickefoose,
Ex ecut r.ix,.}'\<.'(~•t •
j,,.M',."'.I'..~,t ,.~~,.1''lo ~~f J'J ,~~l'."'10'..;""'1I"'.,.,,jj_,.,.i I',fWRAYG;iELT~11'1,'ESQ'.,of Washington,
Pa.,representing Nolan Vance and Robir
Pettry:,':'.'.
,.-~"~.,~~,""•'1 to .I \ARTHUB-iM.iWILSON,ESQ..,of Washington,Pa.,representing Madelon V.BarkhurstandDav,idL .,Barkhurst.r,...-f ....:;
!,.:.,.'OJ"
TIME:January 20,1975.
,J
·BY THE COURT:This is the time and place.set for a
conciliation meeting 1n the Estate of Hazel C.Vance,
•
filed at Number 63~70~255.Up to this poi~t,it has been
apparent to the Court there 1S some type of dispute
involving the sale of certa.in property,to which end
In,additiori,certain parties,na~ely
matter,and they are represented by Mr.Wray G.ZeIt,
III.Mr.Arthur M.Wilson represents David L.Barkhurst
against ..
of Hazel
And Mrs.Juanita Zickefoose,and Madelon V.Barkhurst.
attention of the Jud~e pr~siding 1n the.O~phans'Court
Division and it was agreedihat the entire matter,the
Equity case and all matt~rs pertaining t~the estate,
should be settled by the'Orphans'Court Judge.
At this pbint,it is the det~rmination
of the Court that an equitable settlement has been
reached;to this end we would like to have Mr.ZeIt
the Executrix of the Estate of Hazel C.Vance,deceased,I
is represented by Mr.James Donaldson•
This Equity case was brought to the
.
Nolan Vance and Robin Pe~try,have an interest in this
C.Vance,deceased.-">·~I "'il,"'r.-'"(
....'l,t -.j .{.t «~A "it J j .~..l ~,'.t .."•
Madelon V.Barkhurst,·4i~lwife,Plaintiffs,
...~.-It'",iI r .Itf,-f j,'...
Juanita Zickefoose,".Executrix of.theJEstatef.-.";,"!"-"-or
~z0(>.J>-,II)zZIIIa.
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set forth,with the consent of the other att.o!neys,the-'--,..-----t1----------...,---:-----------------...,-~-___1
7
terms of this settlement.
MR.ZELT:Your Honor,the settlement agreement
.that,we drew up has certain terms and agreements which
I would like to ask at this point if everybody has
agreed ~to,other than as to the description of the land.,\,.
l.:,,:,...~'.'/t .,.'-:~Mr'./Wilison)are'~you and,'Jou"r ~clients
•1 •,j.'.....,.,",I .,.f {~".'~,~,v ,f':'."~'j •/.......,~,'~
, .f '.,,,,'\_\"''01'~;:.~t ft ~'-..1".~.'~r"",~.,.....
aware"of'the terms that we had agreed to other than the
description?
MR.WILSON:
THE COURT:
",1'1._..-......,
"
f'",,.
Would you just recite those for the
record,the things that we are agreed to?
MR.ZELT:Juanita Zickefoose,Executrix,shall
enter into a sales agreement with Madelon V.Barkhurst
and David L.Barkhurst,her husband,under which the
estate of Hazel C.Vance is selling and the Barkhursts
shall buy such 84 acre tract of land located in Robinson
Township for the sum of $38,000.00.
Under this said agreement,the seller
shall pay all realty transfer taxes due on ,said conveyanlce.
It is specifically a~reed that a certain tract of land
shall be ex:cepted and reserved from said 84 acre farm
and shali be the subject nf a separate conveyance by
the Executrix to Nolan Vance and Robin Pettry as more ftlly
set forth hereafter.
The tract to be conveyed to Nolan VancE-'------tl------------------~--
-~-~-------------------.-----,
A
and Robin Pettry shall be as follows:'
Beginning at a point being the South~
westerly most corner of a tract of land formerly of Haze
C.Vance,deceased,which said tract of land 1S more
fully described in Deed Book 718,page 11 in the Office bf
r ~t -l
the Recorde~~f Deeds of Washington Cohnty,Pennsylvania;
Ir ~*"-""t·""'I t .flI I!_J'(~,(i'""t"f 1../t",,'"_..-~~"•".
, I "\,•t:....!,It,'\,~.]..i l -';
thence along a;ihes''now 1,or':lormerIy'o'f't John'Kleer,North
28 0 30'East,a distance bf 425 feet to a point,thencef.:t
South 77°50'East,a di~~nce'of.jMippr'o4'imately 900 feet
~,..If.'")4~"',.\~•.,Tf ',A i '..f
#,f .,.
to a point which said point is North--~~--
,t I ~~\'f,t ~,
~f t~,.t
(At the direction of the Court,off-the~record discussioln
was not recorded by the stenographer)'.
THE COURT:I will now describe the land to be
conveyed to Nolan Vance and Robin Pettry:
Beginning at a point being the South-
westerly.most corner of a tract of land formerly of
Hazel C.Vance,deceased,which tract of land is more
fully described in Deed Book 718,Page 11,in the Officl
'of the Recorder of Deeds of Washington County,Pa.;
thence ~long the edge of said road in a uniform width
of 400 feet,South 77 0 50'East to a point in a line whi h
is an extension of the Eastern boundary of the Guttman
realty tract to a point at land now or formerly of John
Kleer,however,excluding from this conveyance a parcel of
land known as the Texaco Station (Guttman property),
-'------tt----...a+LJ.l.I:.llX..~ii mDl1a.::I11"1,;'Pe.....,~''\T)C.-,~c;il;()UfJ;'P.L§!p.l.!t--...b.bx.-vd.3Q.;OOQ..jf!;je~eut~.:......--!__jl
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The intention pf this description is th~t
the back line of this property shriuld be parallel with
the front line of this property,and if surveyed on a
90 0 angle,the depth of this lot extending back from the
front line to the back line will be a distance of 400
feet,so that the lot described herein will have a uniform
depth of 400 feet adjacent to and parallel with the edge
of the highway.
Further,'it is the understanding of the
parties i~at the Executrix of this estate will,at the
expense of the estate,obtain the services of a competen~
and registered civil engineer,who will lay the land
out on the ground and also make a plot plan of the
property involved ln this settlement.
It is also·stipulated by and between
all the parties that JohnS.Lawrence,a Pennsylvania.,
Registeted Surveyor Number 458~E,shall be contacted
and his services shall be engaged for the purpose of
surveying the property,so as to lay it out in the..
manner heretofore agreed upon.
Further,the said John S.Lawrence will
prepare a plan of survey for the benefit of all the
parties to this agreement ~nd shall distribute copies
to each of the same.
I
THE COURT:
MISS PETTRY:
What is your name?
Robin Pettry.
.,
l
..
,.
MISS PETTRY:
THE COURT:
Wray ZeIt.
Mr.ZeIt,would you recommend to her that
she ought to agree to this?
we settle this matter along these lines?
MR.ZELT:
MR.WILSON:
.THE COURT:
Mr.Wilson,do you want to recommend that
I recommend that it be settled,but I
What is your name?
Mrs.David Barkhurst.
Yes.
Do you agree to this?
Yes.
MISS PETTRY:
MRS.BARKHURST:
~
~THE COURT:
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don't recommend it on those terms:"I feel that my
clients and I have been misled on this.If they want
,to settle it at th~t,I have no objection whatsoever,
and I wish they would,to clear the air.But I object
to the settlement.
settle i t.~And if there is any more question,I'll not
paying him good money,but I'll go along with him to
these lines?
MRS.BARKHURST:I amIwouldliketodoashesays.
Do you,want it settled anyway,along
iiill:~THE COURT:ll:olL
1&1ll:
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go along with it.If there's any~hing,-I'm throwing it
in,that's the end of it.,I'm not go ing to ask him to gc
through anything else.
THE COURT:You will settle along these lines.
MRS.,-'
BARKHURST:I'll settle the way yo~say:!•t t ,._(.t t ~';.'~"'It I i /.f ,'".".~
f··...I .'t-J ,~. \"'t t J<"'.";'..no ;more ~q'ue'siio:h'S ,',.',':_1 .•I)[~••;.I''."_.~.
...~..i'",'J'.",..10 .,~...•......t _
"
i •
7
THE COURT:
MR.BARKHURST:
Mr.Barkhurst,whatrlo you say?
I guess I'll have to go along with it.
THE COURT:Mr.Donaldson,what'about your clients?
MR.DONALDSON:The description and so on is immaterial
would make the Deed.
which everybody now,I am sure,has agreed to,is that
Mrs.Zickefoose is going to accept the sum of $3,000
the balance of the land after this 400 foot piece that
we have talked about would be conveyed to these folks
here,is that correct?I think we ought to make that
part of the agreement.
I
In addition,as part of this agreement
It can be noted ~hat she is accepting
The only piece of land,as I understane
Mrs.ZickefoOse,do you agree to-this?
Yes,if therels no further controvers).
to them.If it is satisfactory to the others,I would
recommend they go along.I would like the Court to have
suggested something in addition in there,and that woule
be as soon as the surveys are completed,the Executors
MR.ZELT:
$3,000.00.
THE COURT:
THE COURT:
MRS.ZICKEFOOSE:
THE COURT:
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from Mr.and Mrs.Barkhurst,in lieu of any land.All
the rest of the land -involved in this farm,it is my
understanding,will-be conveyed to Mr.and Mrs.Barkhur:>t,
except the parcel which will be conveyed to Nolan Vance
,'.
and Robin Pettry.,",
",,0''I,
•~•~..;,_~//:'.•~.,.J~11MRS.ZICKEFOOSE:~0''··Correct •.'":.'.1',0
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THE COURT:Mr.and Mrs.Vance,areyou in accord
with the agreement we made here?
MR.VANCE:'
THE COURT:
MRS.VANCE:
Yes.
Are'you in accord,Mrs.Vance?
Yes.
(Proceedi~gs Closed)
* * * * * * * * * * * * ***** * * * * * * * * * * * * * * *
..,
'\Stenographer',s Gertifitcate
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I hereby certify that the proceedings and evidence are,-....
contained fully and accuratelY 'in t4,e notes'taken by me on
•'}o.I.'.',,.,./fi'r 'the hearing of the ab'ove cau§e;,·:tand.lthatthis copy is a corre t
transcript of the same......;\,.....~0','.F.4'.~.\'f
Gertificate'of Hear'ing Judge
The foregoing record of the proceedings upon the hearin
of the above ~ause 1S hereby approved~and directed to be file
By the Court,
"
IN THE COURT OF COMMON PLEAS OF WASIDNGTON COUNTY,PENNA.
ORPHANS'COURT DIVLSION
HA.ZEL c;.VANCE,a/k/a
The Honorable PAUL A.SIMMONS,Judge of the
said Colirt .
Mr .
No.63-70-255
(
)
(
)
(
)
(
)
(
If it please the Court,I have the
The estate of Hazel C.Vance.
HEARING ON AUDIT
JAMES R.DONALDSON,Esquire,of Washington,Pa ,
representing the Accountant.
WRAY G.ZELT,III,ESQ.,of Washington,Pa.,
representing Nolan Thayer Vance and Robin Vance
Pettry.,
Wednesday,September 11,1974,at 10:00 A.M.,EDSrr.
Donaldson~
MR.DONALDSON:
Estate of
INRE:
en
0::~TIME:0::oII,
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I-0:::>8 THE COURT:
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~MRS.W.D.VANCE,z<>~Deceased.zz1&1II,
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;':E?EFORE:
Audit Petition to the second account·,'fhis is not a fina;!.
the accompa:nyipg;'lpapers.
"
I •I.is a:partial ac;COun t....'
,"f 0"J +,f {..,.r ~t "./t"
I have,'whic'h'I'd 1ike to pass
up at this time,a Statement ,of Debts and Deductions.Yo~
", I
I,~
I .J'2
will note ln the Statement of Debts and Deductions that
we have estimated additional costs rather high,but
we do not know where we are going since at present,there
•
is an equity proceeding in this case.I have certain
additional debits.I must take the blame for it,I made
a mistake in the account in the amount noted as reawarded
~z0(~>-IIIz·Z\&III.
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for principal personalty.There should be an.additional
$381.65 to correct that eLror.We have additional interest
showiL'.in there.We have an additional payment of
Inheritance Tax,$2,000;additional counsel fees and
the West Penn Power bill.I believe that's all at this
in the light of the real estate---
Your Honor,which has been before you several times,but
MR.DONALDSON:
time .
,
It's downstairs.There is or will be
Is that the case that is downstairs?
We had hoped to have a final account ln this estate,..:u
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:l..,THE COURT:
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familiar with ithe entire case.
Orphans.'Court where we feel it should be since you are
a motion by Mr.ZeIt to have the case transferred to thE
Mr.ZeIt,you are here.
•I
That's right,Your Honor.~And theI.,.:,,
attorney ~or.on..e,of ,th~.:1"eg'?-;:.e.e~',\tile~',~,~u~t in '~qu\JY
~~"'t~t",..~'.~~1 r~~~~:...t".,.:'.t"~,f"II-'....'(.•
to try to force the sale of the real estate to them.
MR.ZELT:
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And I
under
have a motion whi[h1!hope to p~esent
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a,'JG:erfain'rUJ]l.@"'Ip:".1 J think.it '.s ·pr.b\Tided
next Monday
it should b(
transferred over to th,e .,O;phan~'Cou'r;t'~
THE COURT:Would you announce the estate,please
3
Mr.Zermani?
MR.ZERMANI:
(Court Crier)
"Your Honor,I received no response.
the estate of Hazel ·C.Vance?
than Mr.ZeIt and Mr:Donaldson who might be interested n•
"THE COURT:Is anybody else in the'Courtroom other
tial account of Hazel C.Vance 1s ordered closed ..
.':.......",'
Hearing no response,the audit of the ar-
\.,
RESPONSE )
{(AUDIT CLOSED)
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proceedings upon the hearing,The foregoing racor
iii0:~I hereLy certi:Zy that the proceedings and evidence
oIl.~are contained fully and ac~ura.tely in the notes tqken by me
~0:
g on the hearing of the above cause,and that this ,copy is a:u
oJGcorrect transcript of the
ii:l1.o
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II
of the above cause is hereby approved and directed to be:fi1~d.
~.........~au::mmon~"
,I
IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,pENNA.
ORPHANS'COURT DIVISIONNo_63-70-255
IN RE:Estate of
HAZEL C.VANCE,
Deceased.
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1
MOTION FOR HEARING
and
ORDER
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W RAY G.Z E L TII I
ATTORNEY AT LAW
23 EAST BEAU STREET
WASHINGTON.PA.15301
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)
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:Estate of )
)
HAZEL C.VANCE,)No.63-70-255
)
Deceased.)
o R D E R
\~
.AND NOW,this 023~day of'October,1975,on motion of
Robin V.pettry and Nolan T.Vance,legatees in the above captioned
estate,.it is hereby ordered that a hearing be set for the .2.J
day.of IJ~'1975,at·f:Sd :it .M.,at which time the,
Executrix and all legatees are directed to appear or be represented
by counsel with authority to make decisions regarding the sale,
division or other disposition of the 84 acre tract of realty in the
Estate.
BY THE COURT,
/~k~.
·,."[,,.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
').
I·.
ORPHANS'COURT DIVISION
Deceased.
HAZEL C.VANCE,
IN RE:Estate of )
)
)No.63....70-255
)
)
MOTION FOR HEARING
AND NOW come Robin V.Pettry and Nolan T.Vance by their
attorney and move your Honorable Court to set a date and time for
a hearing at which time the issues regarding the sale and/or
division of the remaining tract of realty in the estate can be in-
quired into and disposed of.
The reasons for this Motion are:
1.On or about January 20,1975,the parties and their
attorneys appeared and met with the Honorable Paul A.Simmons re-
garding a suit 'in equity filed at No.6959 in Washington County
wherein David L.Barkhurst,et ux.,was claiming the right to pur-
chase the 84.acre tract of realty in the subject estate.
2.It was decided by and between the parties that the
tract in question was to be divided as is more fully set forth in
the transcript of the cona.iliation meeting.
3.Since the time of the aforesaid meeting,there have
been several surveys of the tract in question and a deed has been
drawn and submitted to David L.Barkhurst,et ux.,yet the latter
individual and his wife have failed and refused to proceed with the
agreed upon division of the real estate and do what was necessary
for that ,purpose.
,.
4.This estate has been open for a number of years and
the heirs have been unable to ~eceive their inheritance and further
have been required to expend considerable sums of money for attornelY's
Fees to the.point where Robin V.pettry and Nolan T. Vance are
being and will continue to be severely prejudiced and caused undo
expense unless the issues in this estate are resolved and a final
Decree made.
And they will ever pray.
--~.~/~:i.-------.
:;",..
\~~y G.Z:l\t III
~orney 7 Petitioners
IN THE COURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
NO.63-70-255'
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1'>en
JA"!'ES R.DONALDSON
Deceased•
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,
PETITION FOR APPROVAL OF PROPOSED
DISPOSITION OF REAL ESTATE PURSUANT
TO EQUITABLE SETTLEMENT IN ACCORD-
ANCE WITH CONCILIATION MEETING OF
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,P WASHINGTON TRUST BUILDINGIIIII.J.".....WASHINGTON,PENNSYLVANIA
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,.PENNSYLVANIA
ORPHANS'COURT DIVISION
ESTATE OF
HAZEL C.'VANCE,a/k/a
MRS.W.D.VANCE,
,Deceased.
)
(
)..
(
NO.63-70-255'
PETITION FOR APPROVAL OF PROPOSED DISPOSITION OF REAL ESTATE
PURSUANT TO EQUITABLE SETTLEMENT IN ACCORDANCE WITH
CONCILIATION MEETING OF JANUARY 20,1975
TO THE HONORABLE,PAUL A.SIMMONS,JUDGE OF SAID'COURt:";
.
r
The petition of JUANITA"ZICKEFOOSJ?,Executrix ,of...the above:~sta~e,r~'spe~tfull:Y
represents:"
1.That pursuant to the stipulation (page 5 of transcript)at the conciliation
meeting held January 20,1975 John S.Lawrence,a Pennsylvania Registered Surveyor No.
4586 E,surveyed,the lot to be conveyed to Nolan Vance and Robin Pettry.
2.A copy of the survey was furnished to Wray G.Zelt,III,Attorney for Nolan
Vance and Robin Pettry.A copy of the survey was also furnished to Arthur M.Wilson,
Attorney for David L.Barkhurst and Madelon V.Barkhurst,his wife.
3.Your petitioner has prepared a deed',in conformity with the survey,with which
to convey the property to Nolan Vance and Robin Pettry and requested from Wray G.ZeIt,
III advice as to the manner in which the grantees'names were to be inserted in the deed.
A copy of the proposed deed is attached.Copies of the same were furnished to Wray G.
Zelt,III and Arthur M.Wilson.
4.Your petitioner has caused to be pr.epared an agreement between herself and
David L.Barkhurst and Madelon V.Barkhurst,his Wife,covering the balance of the land
situate in Robinson Township,Washington County,Pennsylvania,and provided Wray G.Zelt,
III and Arthur M.Wilson with copies of the same.A copy of the agreement is also at-
tached.
5.David,L.Barkhurst was not satisfied with the surveyor papers as prepared.
At the insistence of James R.Donaldson,the undersigned prevailed upon the Engineer to
revise the survey,and the same was revised on October 17th,·1975.This survey was not
satisfactory to David L.Barkhurst.At some time Mr.Barkhurst caused a survey to be
r
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.,
'!
made by Edwyn H.Hopkins,Registered.Surveyor No.2l343-E and,at the request of.counsel
for.Mr.~rkhurst,James R.Donaldson met with Mi.Wilson and Mr.ZeIt and,'on behalf of
the Executrix~agreed that the E~ecutrix would use such description as would be agreeable
to both parties,provided it did not convey.more real estate than t'n e..e1>t a:,t:.e owned.
6.On November 15th,1975 Arthur M.Wilson provided a de~cr1ption;for the pro-
'.t ~'~,.I f ":1....~),•
••~r !
perty to be conveyed to Nolan Vance and Robin Pettry,copy of which proposed description
-'.;'\".'",~.~-..'1 '.~""\'•i ~
is attached hereto.Your petitioner has prepared a deed'.to Vance 'and Pettry,in accord-
!-__.'t
'~fancewiththesurveyofHopkins,and also a deea.in accordance with the survey of Lawrence,
copies of which deeds are attached hereto.In addition,your petitioner has caused to be
attached to this petition a list of debits and credits supplementing the Second Account
which was filed.
WHEREFORE,your petitioner respectfully prays your Honotab1eCourt to instruct her
as to how she shall proceed with .the ~isposition of the real estat~,and further to consider
the Second and Partial Account,with the additions attached.to this petition,to be a Se-
cond and Final Account in order that the settlement of the estate will be expedited.
And she will ever pray,etc.
~~----------
COMMONWEALTH OF PENNSYLVANIA -)
~SS:
COUNTY OF WASHINGTON (
Personally appeare~before me,_the undersigned authority,JUANITA ZICKEFOOSE,Exe-
cutrix of the Estate of HAZEL C.VANCE,a/k/a MRS.W.D.VANCE,Deceased,who,being duiy
sworn according to law,deposes and says that the facts contained in the foregoing peti-
tion are true and correct.
Sworn to and subscribed
before me this 21st
a/k/a
~ay of November 1975.
,
1"
j
Form No.1
~WARRANTYDEEDSPECIAL
This Deed
Washington County Bar Association
Washington,Pa.
,.
fitADE the oclay of _in the
year Nineteen hundred and .s.~y.e.nt.y.=:'.fiv.e {l91.5)..
BETWEEN JUANITA ZICKEFOOSE,Executrix of the Last Will and Testament of HAZEL
C.VANCE,also known as MRS.w.D~VANCE,Deceased,late of Robinson Township,Wash-
ington County)Pennsylvania,-------------_
----------------'------------~-------------------------------------------------------
grantor ,and
grantee s ;
WITNESSETH That in consideration of --------------------------_,,
-:------:-~-:_~.ONE ($1.00)DOLLAR AND'OTHER VALUABLECONSIDE~TION ~;~~";"T~-•.~'..",..,.
in hand paid,the receipt whereof ishereJby acknowledged,,the said grantor does hereby,"",..
grant and convey to the said grantees,ALL that certain ,tract of land situate in Robin-
"'.,~,.~{':;";i .~.,'",."",:'"/i,·...-..,:;~_ "
son Township,Washington County,Pennsylvania,bounded and described as follOws:
........,.'.. . : ":',!.,(~,:~.~,';".•.-'.
BEGINNING at a point in the Northern right of way line of Old,U.S.Route,
','-"""'>-~~,!,
22,corner common to herein described tract and land now or formerly.of.John K1eer,
said point of beginning being North 28°30'East 26.05 feet f~om a point in th~cen-
•~.•••<,
ter line of said Old U.S.Route 22;,thence from the point of beginning ,and by land
now or formerly of John Kleer,North 28°30'East 416.82 .feet to a point in Raccoon
'~.'....
Creek;then~e by other'land of Hazel C.Vance Esta~e to be~onveyed to Madelon V.
Barkhurst and David L.Barkhurst,her husband,South 77°50'East 917.66 feet to a
point;thence by same,South 3°39'13"West 277.60 fe~t to t,he Northern property
line of Guttman Realty Company property;thence by said Guttman Realty Company pro-
f -•I.·1:'~
perty,North 72°53'West 280.68 feet to a point;thence by same,South 15°58'West
150 feet to a point on the Northern right of way line of Old U.S.Route 22;thence
~..:_..."....,
by the Northern right of way line of said Old U.S.Route 22,North 77°50'West
1 ''_'
786.40 feet to the place of beginning.CONTAINING an area of 8.31
'vey of John S.Lawrence,Registered Surveyor No.4086 E.
•','"•I
cres/accor
UNDER and SUBJECT to the exceptions and reservations contained in form~r deeds in
the chain of title.
BEING a portion of the same tract of land conveyed to WilliamD~Vance and Hazel
C.Vance,his Wife,by deed of William D.Vance,dat~d ~eptember 13,1954,and o~record in
the Recorder's Office for Washington Co~nty,Pennsyl?ania,in Deed Book 907"page 149;and
the said William D.Vance died leaving Hazel C.Vance as surviving .ten-
ant by entireties;and the said Hazel C.Vance died February 12,1970,and Letters Testamen-:...,.
tary on her estate were granted ~y the Register of Wills for Washington County,Pennsylvania
on Narch 11,1970 to Juanit~,Zickefoose"asappears at No~.63-70-255.An Equity action wa~
filed in the Court of Common Pleas at No.6959 In Equity,and the same was transferred to,the••I .
Orphans'Court so that all matters pertaining to the estate could be settled by ~he.Orphans'
Court Judge.At a conciliation meeting in the Chambers of Honorable Paul A.Simmons,Judge
•,I .•~;,(",~.•4
of the Orphans'Court Division,held January 20,1975,an eqUitable settlement was reached by.'.,,-:-.
the parties and approved by the Court,and this deed is made by'the Executrix pursuant to such
equitable.settlemEmt and.under the authority contained,in the Probate,Estates and Fiducia.,
ries Code.
The actual value of the tract hereby conveyed is
The following notices are set forth in the manner provided by Section 14 of "The Bituminous Mine Subsidence
and Land Conservation Act of 1966,"as enacted April 27,1966.
The Grantor (hereinafter,whether one or more,called "Grantor")does hereby certify that any structure now or
hereafter erected on the land herein conveyed (is)(is not)entitled to support from the underlying coal,anything to the
contrary contained herein notwithstanding.
ATTEST:····..·(JuanIta·..zrcK·e·foo·s·e.,...···_· ·.._·.
Executrix of the Last Will and Testament of
Hazel C.Vance,also known as Mrs.W.D.Vance
Deceased•
••••__••__.··•____c .
(If the Grantor has not certified there is such a right of support,the Grantee should note the following.)
NOT ICE -Gmntee (hereinafter,whether one or more,called "Grantee")herehy states that
he may not be obtaining the right of protection against subsidence resulting from coal mining operations and that the
purchased property may be protected from damage due to mine subsidence by a private contract with the owners of the
economic interests in the coal.
ATTEST:....................................................................................................................................
............................................................................................__.
NOTICE -THIS DOCUMENT MAY NOT SELL,CONVEY,TRANSFER,INCLUDE OR INSURE THE TITLE TO THE COAL
AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN,AND THE
OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND,
IN THAT CONNECTION,DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE,BUILDING OR
OTHER STRUCTURE ON OR IN SUCH LAND.THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE,RESTRICT OR
MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED,TRANSFERRED,EXCEPTED OR RESERVED BY
THIS INSTRUMENT.(This notice is set forth pursuant to Act No.255,approved September 10,1965.)
~2
,,
And the said JUANITA ZICKEFOOSE,Executrix of the Last Will and Testament of HAZEL C.
VANCE,also known as ~mso w.D.VANCE,Deceased,
SPECIALLY
will warrant ~jT the property hereby conveyed.
grantor
IN lflITNESS WHEREOF,the said grantor has hereunto set her hand and
seal ,the day and year first ~bove written.
Sealed and delivered
in presence of
............................................................u ••••••••••••••••••••••••••••••••••••••,
....................................................................,(Seal).
.....................~(Seal)
......................................................................................................(Seal)
State of Pennsylvania
County of.RMmNG1.9.N _.
On this,the ,day of ,19 1.5.,before
me,,the undersigned officer,personally
appeared JUANITA ZICKEFOOSE,Executrix of the Last Will and Testament of HAZEL C.
VANCE,also known as MRS.W.D.VANCE,Deceased,
known to me (or satisfactorily proven)to be the person whose name is
subscribed to the within instrument,and ackno·wledged that she executed the same
for the purposes therein contained,and in the capacity therein stated.
In Witness \Vhereof,I hereunto set my hand and official seal.
My Commission Expires .
State of Pennsylvania
County of..
On this,the day of...,19 ,before me,
...................................__,the undersigned .<;>fficer,p~rsonally appeared
..
).,'
•'.~,~,.p'.'"
knovvn to me (or satisfactorily proven)to be the person whose name
subscribed to the within instrument,and acknowledged that executed the same
for the purposes therein contained..
In Witness \Vhereof,I hereunto set my hand and official seal.
My Commission Expires ,,.
•
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State of Pennsylvania
County 0[._.
Recorded on this day A.D.19 .
in the Recorder's Office of the said County,in Deed Book,VoL ,
Page .
Given under my hand and seal of the said office.
.....................................................................................................................................
Recorder.
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/
RfAL PROP~RTY AGREEMENT
FORM NO.16,11973)
WASHINGTON COUNTY BAR ASSOCIATION
WASHINGTON,PA.
Made the day of 19 7S
Between JUPJNlTA ZICKEFOOSE,Executrix of the Last Will and Testament of HAZEL c.VANC~,
a/k/a MRS.vI.D.Vj\.NCE,Deceased,---------------------------(hereinafter called "Seller")and
DAVID L.BARKHURST and MADELON V.B)...RKHURST>his wife,------(hereinafter called "Buyer"),
. .~..
\VITNESSETH,that for the consideration hereinafter set forth and intending to be legally bound the Seller and
Buyer mutually agree as follows:
1.Seller agrees to sell and convey to buyer onor before October 1,1975 ,.
by SPECIAL warranty deed in fee simple absolute,clear of all mortgages,judgment liens
and tax liens and other,encumbrances affecting its marketability (except as hereinafter set forth)all the real property
described in Paragraph 8 hereof.
2.Buyer agrees to purchase said real property and to pay Seller therefor the sum of -----TIURTY-EIGHT
THOUSAND &NO/IOO .-----------'.------($38,000.00 )Dollars asfollows:,
ONE THOUSAND &NO/IOO ($1,000.00)DOLL.a\RS on the execution of this Agreement,
receipt whereof is hereby acknowledged,and the balance of THIRTY-SEVEN TdOUSAND
&No/IOO ($37,000.00)DOLL.lill.S on the date of settlement.
3.Possession shall be given on delivery of Deed
at the office of Seller's attorney on or before Oct.1;1975
.X!Xkx ,and.settlement shall be made
;~
."-4.Buyer and Seller shall each pay one-half of all state and local realty transfer taxes payable upon this
'.'.:"transaction,but real estate taxes,sewer charges,and rents and royalties shall be prorated on a calendar year basis
. .between Seller and Buyer as of date of delivery of possession of the premises,except as hereinafter set forth:
Seller shall pay all Realty Transfer Taxes due on the conveyance.
5.From and after the date of this agreement,insuranc~shall be provided and paid f~r as follows:
Seller shall continue any existing fire insurance policies.
6.Time is not of the essence of this Agreement.
7.The parties further agree as follows:
8.The real property which is the subject'of this'Agreement is described as follows:
,ALL that certain tract of land situate in Robinson Township,Washington County,
Pennsylvania,bounded and described as follows:
BEGINNING at a point in U.S.Highway Route 22 at the Southwestern corner of here-
in described tract;thence by land now or formerly of John Kleer the following five courses and
distances:North 28°30'East 1254.36 feet to a point;North 8°30'West 660 feet to a point;
North 50°00'East 445.50 feet to a point;North 21 °30'East 1237.50 feet to a point;and North
25°00'West 495 feet to a point;thence North 83°00'East 684.75 feet to a point;thence by
land of Hichael Duran the following three courses and distances:South 2°30'West 2697.75 feet
toa point;South 5°3D'West 1155 feet to a point;and South 28°30'East 294.83 feet to a
point;thence by land of P.Kobulnicky,South 32°38'West 121.22 feet to a point in U.S.High-
way Route 22;thence in said highway,North 56°27'Vlest 132.20 feet to a point;thence in same,
North 64°28'West ISO feet to a pOint;thence in same,North 68°28'West 276 feet to a point;
thence in same,North 77°50'West 1138 feet to the place of beginning.CONTAINING an area of
85.604 Acres,according to survey of John S.Lawrence,made August 4,1970.
EXCEPTING and RESERVING from and out of the above described premises tract con-
taining 0.886 of an Acre conveyed to Guttman Realty Company by deed of William D.Vance and Hazel
C.Vance,dated August 25,1954,and of record in the Recorder's Office for Washington County,
Pennsylvania,in Deed Book 907,page 173,and tract containing 0.28 of an Acre conveyed to
Madelon J.Vance Barkhurst by deed of William D.Vance and Hazel Covert Vance,dated May 29,
1949,and of record in said Recorder's Office in Deed Book 758,page 611.
ALSO,EXCEPTING and RESERVING tract containing 8.313 Acres conveyed to Nolan Vance
and Robin Pettry,bounded and described as follows:BEGINNING at a point in the Northern right
of way line of Old U.S.Route 22,corner common to herein described tract and land now or for-
merlyof John Kleer,said point of beginning being North 28°30'East 26.05 feet from a point in
the center line of said Old U.,S•.Route 22;thence from the point of.beginning and by land now
or formerly of John Kleer,North 28°30·East 416.82 feet to a point in Raccoon Creek;thence by
)
other land of Hazel C.Vance Estate to be conveyed to Buyer,South 77°50·East 917.66 feet to
a point;thence by same,South 3°39'13"West 277.60 feet to the Northern property liu"e of
Guttman Realty Company property;thence by said Guttman Realty Company property,North 72°53'
West 280.68 feet to a point;thence by same,South 15°58'West 150 feet to a point on the Nor-
thern right of way line of Old Uo S.Route 22;thence by the Northern right of way line of said
Old U.S.Route 22,North 77°50'West 786.40 feet to the place of beginning.CONTAINING an area
of 8.313 Acres,according to survey of John S.Lawrence,Registered Surveyor No.4086 E.
UNDER'and SUBJECT to exceptions,reservations,covenants and agreements appearing
of record and in the record chain of title.
BEING the greater portion of the same tract of land conveyed to William D.Vance
and Hazel C.Vance,his wife,by deed of William Do Vance,dated September 13,1954,and of re-
cord in the Recorder's Office for Washington County,Pennsylvania)in Deed Book 907,page 149;
and the said William D.Vance died leaving Hazel C.Vance as surviving ten-
ant by entireties;and the said Hazel C.Vance died February 12,1970,and Letters Testamen-
;;a;;u OWL;;;Lle:;ae:Q.CU...iCC ax.cu z.eolual)'12)19;'0,Add tetters t-esEamen-
ctary on her estate were granted by the Register 'of Wills for Washington County,Pennsylvania on
March ',11,19.70 to Juanita Zickefoose,as appear's at No.63-70-255.An Equity action was filed
in the Court of Common Pleas at No.6959 In Equity,and the same was transferred to the Orphans'
Court so that all matters pertaining to the estate could be settled by the Orphans'Court Judge.
At a conciliation meeting in the Chambers of Honorable Paul A.Simmons,Judge of the Orphans'
Court Division,held January 20,1975,an equitable settlement was reached by the parties and
approved by the Court,and this Agreement is made by the Executrix pursuant to such equitable
settlement and under the authority contained in the Probate,Estates and Fiduciaries Code.
9.If Buyer defaults in payment or performance for thirty(30)days,Seller may,at Seller's election,
use one or more of the f~llowing remedies in addition to or instead of any other remedies provided by law:
(a)rescind this agreement and retain all sums paid on account hereof as liquidated damages,in
which case Seller shall retain title to the real estate free and clear of any obligation or duty to Buyer and Buyer
shall surrender this Agreement for cancellation;
(b)eject Buyer from said real estate,for which purpose Buyer hereby authorizes any attorney
of any Court of Record to appear for Buyer and confess judgment against Buyer.in an amicable action of ejectment,
with immediate writ for possession of the real estate and for damages,to include attorney's commission of 5 %
or $1,000.00 and costs,hereby waiving stay of execution,exemption and inquisition,with release of all errors;
(c)affirm this agreement by delivery of deed to Buyer,declare all sums due hereunder to be
forthwith due and payable,and cause judgment to be entered therefor,for which purpose Buyer hereby authorizes
and empowers any attorney of any Court of Record to appear for Buyer and confess judgment against Buyer for
the whole balance due,together with interest, attorney's commission of 5 %or $1,000.00 ,and costs,
and hereby agrees to immediate execution thereon,waivin'g stay of execution,exemption and inquisition,with re-
lease of all errors.
10.This Agreement shall extend to and benefit and bind the heirs,executors,administrators,successors and
assigns of the parties.Whenever used herein,the singular number shall include the plural,the plural the singular
and the use of any gender shall include all genders.
NOTICE-THE USE OF ONE OR MORE COAL CLAUSES MAY OR MAY NOT BE REQUIRED BY LAW WITH THIS
AGREEMENT.
WITNESS the due execution hereof the day and year first above written.
\VITNESSED BY:
........................................................................................................................
••••••••••••••••••••••••••••••••••••uu••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
•••••••••••••••••••••••u .
·········{navid····I:;~····Barkhurs·t'·················(SEAL)
··············{Radelou··y:····Ba·rkhur·s·t)'""··············(SEAL)
.(SEAL)
STATE OF PENNSYLVANIA
COUNTY OF _..(SS.
On this,the day of ,19 ,before ·me,,
the undersigned officer,personally appeared
known to me (or satisfactorily proven)to be the person whose name subscribed to the within instrument,and
acknowledged that executed the same for the purposes therein contained;
In 'iVitness \iVhereof,I hereunto set my hand and official seaL
My'Commission Expires _..
STATE OF PENNSYLVANIA
COUNTY OF ;..tSS.
On this,the day of ,,19 ,before me,,
the undersigned.officer,personally appeared.
known to me (or satisfactorily proven)to be the person whose name subscribed to the within instrument,and
acknowledged that executed the same for the purposes therein contained.
In Witness Whereof,I hereunto set my hand and official seal.
_•••~_u _••••_ _••...............___..
....................................................................................................................0:.
My Commission Expires ..
....
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ;;.f ss.
RECORDED on this :day of A.D.19 ,in the Recorder's Office
of the said County,in,Vol.,Page ..
Given under my hand and the seal of the said office,the date above written.
.............................................:,Recorder
II
-..,~...-.~...',-
PROPOSED DESCRIPTION FOR PROPERTY TO BE CONVEYED FROM THE ESTATE
9F ~AZEL C.VANCE,DECEASED TO NOLAN VANCE AND RODIN PETTRY.,
BEGINNING at a point in the center line of united States
Route No.22 \~hich said point is also thesouthwesternly most
corner of lands of the Estate of Hazel C.Vance,deceased;thence
along lands now'or formerly of John Kleer,North 31°59 1 East,
a distance of 425 feet to a point;thence through.the lands of
.said VanceEstat~South 74°57 1 East,a distance of 921.955 feet
to ~n iron pin;thence South 08°34 1 West,a distance of 250 feet
to an iron pin,which said iron pin is located at the Northeasternly
most corner of lands of Guttman Realty Company which said lands
are more fully described in Deed Book 907,Page 137,in the Office
of the Recorder of Deeds .of Washington County,Pennsylvania;thence
along lands of said Guttman Realty Company North 72°53 1 West,a
distance of 280.68 feet to an iron pin,which said iron pin is at
the north\vesternly most corner of lands of said Guttman Realty
Company;thence continuing along the same,South 15°58'West,a
distance of 176.6 feet to a point in the centerline of said United
States Route No.22;thence through said center line,North 74°·
21 1 West,a distance of 790.69 feet to a point,the place of
beginning.CONTAINING 8.383 acres',60re or less.The within
.description is drawn in accordance ,with the survey of Edvryn H.
.Hopkins ,Registered Surveyor No.21343-E dated November 5,1975.
~-~------~----
Form No.1
GENERAL WARRANTY DEED
This Deed
\Vashington County Bar Association
Washington,Pa.
~~1ADE the ,__d,ay of..___inthe
year Nineteen hundred and $..~.Y.~D.~.Y.::.g.y.~(J9..?:?l .
BETWEEN JUANITA ZICKEFOOSE,Executrix of the Last Will and Testament of F.AZEL
C.VANCE,also known as MRS.W.D.VANCE,Deceased,late of Robinson Township,Wash-
ington County,Pennsylvania,-------------------------------------------------------
------------------------------------------------------------------grantor ,and
NOlAN THAYER VANCE,of R.D.iF4,McDonald,Pennsylvania,and ROBIN GAYLE
VANCE PETTRY,of Box 35,East Bank,West Virginia,---------------------------------
,("".
grantee:>
.,
WITNESSETH,That in consideration of ----.;-----------------~---------~~~-----------",..-~~.~-,----~--~~----~--.-ONE ix'NO;100 .($1.00')''-~~~-----'~.;~:--~--'~~--:_~:.-'-~-Dollar~
in hand p~id,the rec~ipt whereof IS hereby'·acknowledged,'th~saidgrantor 'do es hereby
grant and convey to the said grantees "ALL that certain:tract·of·~and situate i·n Robin-
'son Township;Washington County,Pennsylvania,bounded and,described ·as·,follows:
-BEGINNING at a point in ,the ,Northern right·of way line of·,Old ,U.S.Route
22,corner conunon'to herein'described:tract and land now·or·formerly-of John Kleer,
said point of beginning being Notth 28°30'East 26.05 feet from a.point in the cen-.
terline of said Old U.,So Route 22;thence from the 'point of beginning and by land
now or formerly of John Kleer,North·28°·30'East 416~82 feet to.a;point in Raccoon
'Creek;thence by other land·of Hazel C.Vance Estate to 'be conveyed to ¥~delon V•.
Barkhurst and 'David L.Barkhurst,her husband;South '77':';50'East 924.91 feet to a
point;thence by same,South 6 ~24'West 254.93 feet to·the Northern property line
of Guttman Realty Company property;thence by said Guttman Realty Company property
North 75°03'West 280~68 feet to a point;thence by same,South·13~48'West 160.05
,feet to a point on the'Northern-right of'way'line of Old·U.·S.Route 22;thence by .
.the Northern right of way line of said Old U.S.Route,22;~North77~50'West 782.84
'-
feet to the place of beginning.CONTAINING an area of 8.198 AcresJ,accordingto sur-
vey of 'John S.Lawrence,Registered Surveyor No.,·4086 E,revised October 17th,1975.
UNDER and SUBJECT to the exceptions and reservations contained in former
deeds in the chain of title'.(,'
907,page 149;and the said William D.Vance,died May 22nd,1961,leaving Hazel
C.Vance as survivingt~nantby entireties;and the said Hazel C.Vance died February
12,1970,and Letters Testamentary on her estate_wer~granted by the,Register of Wills
for Washington County,Pennsylvania on March 11,1970 to Juanita Zickefoose,as ap-'
pears at No.63-70-255.--An Equity action was filed in the Court of Common Pleas at"
No.6959 In Equity,and the same-was transferred (to the Orphans'Court so that all
matters pertaining to the estate could be settled by'the Orphans',Court,Judge.At a,..
conciliation meeting in the Chambers of Honorable Paul A.Simmons,Judge ~f the Or-
.,
phans'Court Division,held January 20,1975,an equitable settlement was reached by
the parties and approved by the Court,and this deed is made by the Executrix pursuant
to such equitable settlement and under the authority contained in the Probate,Es-
tates and Fiduciaries Code.
The following notices are set forth in the manner provided by Section 14 of "The Bituminous Mine Subsidence
and Land Conservation Act of 1966,"as enacted April 27,1966.
The Grantor (hereinafter,whether one or more,called "Grantor")does hereby certify that any structure now or
hereafter erected on the land herein conveyed (is)(is not)entitled to support from the underlying coal,anything to the
contrary contained herein notwithstanding.
ATTEST:
..........................___._.._._____..-._-
·..· ·-·-c.riiani'f'a"..Zi:c'Re·fo'()'s·e)··· ·..
Executrix of the Last Will and Testament
of Hazel C.Vance,a/k/a Mrs.W.D Vance,
Deceased
...............M •••..•••••••••..•••..•..•••_.
(If the Grantor has not certified there is such a right of support,the Grantee should note the following.)
N TIE _Grantee (hereinafter,whether one or more,called "Grantee")hereby states that
he may not be obtaining the right of protection against subsidence resulting from coal mining operations and that the
purchased property may be protected from damage due to mine subsidence by a private contract with the owners of the
economic interests in the coal.
ATTEST:
a•••aa ·a • •..••• -_..
..··..····~(Nolan..·~rna:yer···V·~fii·c·e)···..··.
NOTICE _THIS DOCUMENT MAY NOT SELL,CONVEY,TRANSFER,INCLUDE OR INSURE THE TITLE TO THE COAL
AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN,AND THE
OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND,
IN THAT CONNECTION,DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE,BUILDING OR
OTHER STRUCTURE ON OR IN SUCH LAND.THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE,RESTRICT OR
MOD,IFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED,TRANSFERRED,EXCEPTED OR RESERVED BY
THIS INST':UMENT.(This notice is set forth pursuant to Ac~No.25~,approved September 10,1965.)
·And the said JUANITA ZICKEFOOSE,Executrix of the Last Will and Testament of HAzEL
C.VANCE,also known as MRS.W.D.VANCE,Deceased,
grantor
will warrant generally the property hereby conveyed.
IN WITNESS WHEREOF,the said grantor ha s hereunto set her hand and
seal ,the day and year'first above written.
Sealed and delivered'
.in presence of
.............•.-_~-~.
......~,,(Seal)
......................................................................................................(Seal)
......................................................................................................(Seal)
State of Pennsylvania
County of W.ASJ1I.N9.:r.QN .
On this,the day of..._,19...75 ,before
me,_ ,the -undersigned officer,personally
appeared JUANITA ZICKEFOOSE,Executrix of the Last Will and Testament of HAZEL C.
VANCE,also known as MRS.W.D.VANCE,Deceased,
known to me (or satisfactorily proven)to be the person whose name is
subscribed to the within instrument,-and acknowledged that she executed the same
for the purposes therein contained,and in the capacity therein stated.
In Witness \Vhereof,I hereunto set my hand and official seal.
My Commission Expires .
State of Pennsylvania
County 0[..
On this,the day of ,19 ,before me,
...:::,,the undersigned officer,personally appeared
:;:--.•~•"-.•6
,"'1 '"
.'f .;)'.,';-
known to me (or satisfactorily proven)to be the person whose name
subscribed to the within instrument,and acknowledged that
for the purposes therein contained.
In Witness \Vhereof,I hereunto set my hand and official seal.. .i'
exe~uted the same
......~·u _u __n •••_ .
......____-__.
My Commission Expires .
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State of Pennsylvania
County 0[..!5S.
Recorded on this day A.D.19 ..
in the Recorder's Office of the said County,in Deed Book,VoL ,
Page :..
.Given under my hand and seal of tHe said office.
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••u ••••
Recorder.
..'
------------------------------,--------------,------------------------,.~.:~-,."",....._.,'---"~.•..,,--.._--,~.",---'._'.."",-_...•-...--"~~
Fonn No.1
GENERAL WARRANTY DEED
This Deed
\Vashington County Bar Association
Washington,Pa.
J'v!ADE the __day of _in the
year Nineteen hundred and S..~.y.~.nty.:-:..ny.g O.9.L?}.
BETWEEN JUANITA ZICKEFOOSE,Executrix of the Last Will and Testament of HAZEL
C.VANCE,also known as 11RS.W.D.VANCE,Deceased,late of Robinson Township,Wash-
ington County,Pennsylvania,
-------------------------------------------------------------------grantor ,and
NOLAN THAYER VANCE,of R.D.#4,McDonald,Pennsylvania,and ROBIN GAYLE
VANCE PETTRY,of Box 35,East Bank,West Virginia,---------------------------------
----------------------------------------------------------.---------.,:..--grantee s .
.'....~-
WITNESSETH,That in consideration of ------------------------------------------..:"---
--..--.:----:..-.:---:.:.--ONE &NO/lOO ($1.00)---.:.-.;.-----.:".:-.:.:---.:.-----~.;;r..__Dollars.:
in hand paid,the'receipt whereof is·hereby'acknowledged,the said grantor'does hereby
grant and convey to the said grantees ,ALL that.,certain tract of land;situate in Robin-
son Township,Washington County,..Pennsylvania,bounded and described as follows:
BEGINNING at a point.inthe center line of United State~Route No ..22,
which said point·is also the southwesternly,most corner of lands of the Estate of
.Hazel C.Vance,deceased;thence along lands now or formerly of John Kleer,North
31°59'East,a distance of 425 feet to a point;thence through the lands of said
Vance Estate,South 74°57'East~a distance of 921.955 feet·to an iron pin;.thence
'South 08°34'West,a distance of'250 feet to an iron pin,which said iron pin is
located at the Northeasternly most,corner of lands of Guttman Realty Company,which
said lands are more fully described in,Deed Book 907,page 137,in the office of the
Recorder of Deeds of Washington County,Pennsylvania;.thence along lands of said Gut-
tman Realty Company,North·n°53 1 West,a.distance of 280.68 feet to an iron pin,
which said iron pin is at the northwesternly most corner of lands of said Guttman
Realty Company;thence,continuing along the same,-South l5~58'West,a distance of
176.6 feet to a point in the center line of said United States Route No.22;thence
through said center line,North 74 0 21'West,a distance of 790.69 feet to a point,
the place of beginning.CONTAINING 8.383 Acres,more or less.The within descrip-:
tion is drawn in accordance with the survey of Edwyn H.Hopkins,Registered Sur-
veyor No.2l343-E,dated November 5,1975..,
UNDER and SUBJECT to ·the exceptions and reservations contained in for-
mer deeds in the chain of title.
BEING a portion of the same tract of land conveyed to WilliamD.Vance
and Hazel C.Vance,his wife,by deed of William,D.Vance,dated September 13,1954,
and,of record in the Recorder's Office for Washington County,Pennsylvania,in Deed
Book 907,page 149;and the said HilHam D.Vance died May 22nd,1961,leaving
Hazel C.Vance as surviving tenant by entireties;~nd the said Hazel C.Vance died,
February.12,1970,and Letters Testamentary.on,her estate were granted by the Register
of Wills for Washington County,Pennsylvania on March.ll,1970 to Juanita Zickefoose,
as appears at No.63-70-255.An Equity action was filed in the Court of Common Pleas.
at No.6959 In Equity,and the sarne:was:transferred to the Orphans'Court so that all
matters pertaining to the estate could be settled by th~Orpha~sicou~t'Judge~At a
conciliation meeting in the Cha.mbers of Honorable Paul A.Simmons,Judge of the Or-
phans'Court Division,held January 20,1975,an equitable settlement was reached by
the parties and approved by the Court,and this deed is made by the Executrix pursuant
to such equitable settlement and under the authority contained in the Probate,Estates.;)
and Fiduciaries Code.
The following notices are set forth in the manner provided by Section 14 of "The Bituminous Mine Subsidence
and Land Conservation Act of 1966,"as enacted April 27,1966.
The Grantor (hereinafter,whether one or more,called "Grantor")does hereby certify that any structure now or
hereafter erected on the land herein conveyed (is)(is not)entitled to support from the underlying coal,anything to the
contrary contained herein notwithstanding.
ATTEST:
...........................................................u "
I MM····_·..(Juanit:aM·Zick·ef'o·o·s·e)"···..··········M _..
Executrix of the Last Will and Testament
of Hazel C.Vance,a/k/a Mrs.W.D.Vance,
Deceased.......__.__~__-...
(If the Grantor has not certified there is such a right of support,the Grantee should note the following.)
NOT ~CE-Grantee (hereinafter,whether 'one or more,called "Grantee")hereby states that
he may not be obtaining the 'right of protection agaiilst subsidence resulting from coal mining ope~ations and that the
purchased property may be protected from damage due to mine subsidence by a private contract WIth the owners of the
economic interests in the coal.
ATTEST:
......~_..
:'CNo!au Tl1ayer..'Va.u.C'eT M M ··~····_..•..
·..··········..··..··(Rob'iu..·C·a·yTe..Vanc·e···Pe"ttry)"'"··~...'.
NOTICE _THIS DOCUMENT MAY NOT SELL,CONVEY,·TRANSFER,INCLUDE OR INSURE THE TITLE TO THE COAL
AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN,AND THE
OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND,
--'T '=TION DAMAGE MAY R~SULT TO THE SURFACE OF THE LAND AN~ANY HOUSE,_BUILDING OR
"
And the said JUANITA ZICKEFOOSE,Executrix of the Last Will and Testament of HAZEL
C.VANCE,also known as MRS.W.D.VANCE,Deceased,
SPECIALLY
will warrant~the property hereby conveyed.
grantor
IN ffllTNESS WHEREOF,the said grantor ha s hereunto set her hand and
seal ,the day and year first above written.
Sealed and delivered'
in presence of
~-~__;...............•
......:{"Jmrfi'1't::r-"Z"i'dt:~fO'i'5S"~)(Seal)
Executrix of the Last Will and
,"Te-~.t,j!tlumt:i'5f Ha:zet c-;Vi:1i'rc.e.~(Seal)
also known as Mrs.W.D.Vance,.........................'D~~ea:s~d ·(Seal)
......................................................................................................(Seal)
......................................................................................................(Seal)
.........................................:(Seal)
State of Pennsylvania
County ofJ1A~H.l.NG.r.9..N _..
On this,the day of..._,19....7..?,before
me,,the undersigned officer,personally
appeared JUANITA ZICKEFOOSE,Executrix of the Last Will and Testament of HAZEL
C.VANCE,also known as MRS.W.D.VP~CE,Deceased,
known to me (or satisfactorily proven)to be the person whose name is
subscribed to the within instrument,and acknowledged that she executed the same
for the purposes therein contained.and in the capacity therein stated.
In Witness \Vhereof,I hereunto set my hand and official seal.
My Commission Expires ..
State 0/Pennsylvania
County 0/.'."
On this,the day of ,,19 ,before me,
.............................................._,the undersigned officer,personally appeared
I
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';'-,
known to me (or satisfactorily proven)to be the person whose name
subscribed to the within instrument,and acknowledged that executed the same
for the purposes therein contained.
In Witness \V~ereof,I hereunto set my hand and official seal.
My Commission Expires ___.
<lJ
fJ)......U<lJH~0.
CIl <lJo....t::
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aoH~
State of Pennsylvania
County or..
Recorded on this day ,A.D.19 .
in the R,.ecorder's Office of the said County,in Deed Book,VoL._ ,
Page ;.
Given under my hand and seal of the said office.
...............................................................................................•....................................!
" "Recorder.'
.r
r-:.
JAMES R.DONALDSON
ATTORNEY AT LAW
614 WASHINGTON TRUST BUILDING
WASHINGTON,PENNSYLVANIA 15301
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ATTORNEY AT LAW
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ATTORNEY AT L.AW
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I.IN THE COURT OF COMMON PLEAS OF II I.
WASHINGTON COUNTY,PENNSYLVANIA '
ORPHANS I COURT DIVISION
NO.63-70-255
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,
Deceased.
PETITION RELATIVE,TO REAL ESTATE
I
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JAMES R.DONALDSON
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".ATTORNEY AT LAW
WASHINGTON .rRUST BUILDINGWA~HINGTO'::.PENNSYLVANIA If\
I'/27 j/{),A ,'==-
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY)PENNSYLVANIA
ORPHANS'COURT DIVISION
~,..
.....-J
ESTATE OF
HAZEL C.VANCE)a/k/a
MRS.W.D.VANCE,
Deceased.
)
(,
)..
(
NOa 93-70-255
PETITION RELATIVE TO REAL ESTATE
TO THE HONORABlE)PAUL A.SIMMONS,JUDGE OF SAID COURT:
The petition of JUANITA ZICKEFOOSE,Executrix of the above estate)respectfully
represents:
1.That she is the Executrix of the above estate.
2.That at the time of the hearing held on November 2~)'1975 your petitioner
presented a Petition for Approval of Proposed Dispositibn of Real Estate),setting forth
various matters between January 20th)1975 and the date of the petition,November 21st)
1975)and that in said petition there was a request that the Court instruct your petitioner
as to how she should proceed with the disposition of the real estate,and further to con-
sider the Second and Partial Account,with the additions attached to the petition,to be a
Second and Final Account.The Court took no action on the petition;which was filed of
record.
3.On December 9th,1975 Judge Simmons had a conference with attorneys repre-
senting the various parties and prOvided counsel with a copy of the description prepared.
by Edwyu H.Hopkins and presented counsel for the estate with the surveyor's bill,direct-
ing the estat'e to pay the same.At this meeting ~he Court suggested preparing a Court
Order)but both Mr.ZeIt and Mr.Wilson indicated that it would not be,necessary.At the
same meeting counsel for your petitioner told Judge Simmons that if ther~'was any diffi-.
culty the·estate would return with a request for a Court Order,-to whic~th~Court agreed.
5.That Edwyn H.Hopkins)Surveyor,has been paid by the estate;that the delay
has caused the estate additional expense for fire and liability insurance and taxes,and
has deprived the interested parties of their distributive shares in the estate.
'..-,......
6.Fr~m January 26th,1976 to the date of this petition counsel forYoDrpe-
titioner and your petitioner have both been told that the Barkhursts were ready to close,
but no closing date has been indicated.
WHEREFORE,your petitioner respectfully prays your Honorable Court to resume
jurisdiction of the distribution of the real estate and to set a time'certain when the
sale to the Barkhursts will be completed and sign a Court Order directing the same and in-
cluding a Rule on all parties involved to show cause why the real estate should not be sold,.
if the Barkhursts'sale is not completed at the scheduled time.
And she will ever pray,etc.
• j
./.
,...
'..,....,""...
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF WASHINGTON {
SS:
Personally appeared before me,the undersigned authority,JUANITA ZICKEFOOSE,
Executrix of the Estate of HAZEL C.VANCE,a/k/a MRS.W.D.VANCE,Deceased,who,
being duly sworn according to law,deposes and says that the facts contained in the
foregoing petition are true and correct.
Executr of the Estate
Mrs.W.D.Vance,.
Sworn and subscribed
before me this ~~__
a/k/a
~,...
IN THE COURT OF COMMON.PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,
Deceased.
AND NOW,Ma:rch
)··(·NO.63-10-255·)··(
0 R D E R
-i:L1 :=:,1916,upon consideration of the within Petition
and upon motion of JAMES R.DONA1J)SON,Attorney for JUANITA ZICKEFOOSE,Executirx,
a Citation is issued on DAVID L.~ST,MADELON V.BARKHURST,NOLAN VANCE and
ROBIN PETTRY to show cause why the Court should not grant the prayer of JUANITA ZICKE-
FOOSE and set a time certain when the sale to DAVID L.BARKHURST and MADELON V.BARK-
HURST will be completed,and FURTHER to show cause why,if the sale is not completed
within the designated time,by the Executrix,said
Citation returnable to the ,1976,at LO "t)d A with~."M.,
hearing to be held thereon on ,1976,at to:t1°A,M.,in Court
Room No.5,said Citation shall be served by serving a copy of the Citation and a copy
of the Petition upon ARTHUR M.WILSON,Attorney for David L.Barkhurst and Madelon V.
Barkhurst,and upon WRAY G.ZELT,III,Attorney for Nolan Vance and Robin Pettry.
J.
m REI
ESTATE OF
In W~e OJl1un of Q1nmml1tt 'Itan of lIan11ittgtntt mounty,'rttttnglualtia
.<rrp11Utt11'Qtunr!IDtutnintt
}.....~
HAZEL C.VANCE.AYloA (~ill ttattnu C
el
NO.63-70-255
1m5.w.D.VANCE.
Deceased.))
QJ:nutmnttturnltl1 of Jttttt11yluttttht l1111:C1rnuttty of liunl1i1tBWtt
.To:NOLAN VANCE Aim .ROBIN PETTRY
.Sur Petition·of:JUANITA ZICKEFOOSE
lit.QJnmmnuik Inu,NOLAN VANC;E AND ROBIN PETTRY
that,laying aside all business and excuses whatsoever,you do file in the office
of the Clerk of our Orphans'Court of Washington County,a full and com-
"'\'plete answer,unde'r oath,··to each and 'every of the averments,of the s~id
petition,on or before TUESDAY ,the 15t~.day of_J_un_8 _
.19 76,at 10zoo o'clock~.M.,and show cause why if the sale is not
completed within the designated time.the real estate should not be
/
sold by the ExecutriB
and further abide the order of our said·Court in the premises,
If you fail hereof,the petition may be taken PRO CONFESSO and'
a decree made against you.
WITNESS the Honorable PaulA.Simmons,Judge of our said Court,
at Washington,Penna.,the 24th'day of March ,-19.76_.
_J~am=e",-,s~R"".--=Do=n=al=d=s=o=n:..--C-_..,...-Esq.
Attorney for Petitioner.
iI
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lliII
(Seal)~9
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ltt Wqt QIoui-t of (llommnu ~ltttg nf Ihtnl11tt9tO"OJnumy,Jttmnyluattta
lin:
IN RE:
ESTATE OF
~rp11att.n'WoUt!IIHntnwu
),(.'')
HAZEL C.VANCE,AKA ')((.illUatton (()NO.63-70-255
}ffiS.w.D.VANCE,
Deceased.)) ,
Q!nmmnuwra1111 of Jrtutliylnuuia,
Olnuu1y nf Ifalil1iu!,1tntt
To:DAVID L.BARKHURST AND MADELON V.BARKHURST
Sur Petition of:JUANITA ZICKEFOOSE
lit a.tnmmttu~Inu,DAVID L.BARKHURST AND MADELON V.BARKHURST
that,laying aside all b.usiness and.excuses whatsoever;you do file in the office
of the Clerk of our Orphans'Court of Washington County,a full and·com-
"ple~eanswer,·tinder oath,·to each and every of the averments,of the said
petition,on or before TUESDAY ,the 15th.day of----'J~un~e==--_
19 76 ,at 10:00.o'clock~.M,',and s~ow cause,whJ:if the sale is not
··completed with~n the designated time.the real estate should not be
.sold-by the Executrix
"ind further abide the order of our said Court in the premIses,
..
If you fail hereof,the petition may be taken PRO CONFESSO and
-'a decree made against you.
-
WITNESS the Honorable Paul A.Simmons,Judge of our said Court,
at Washington,Penna.,the 24th.day of--,,~=1a=r-::c...::..:h,--' ,19.76__.
..-
•...-.~-.....~-~...-l.--~~.-'!i''':'r_~,,-::-.,::..-'''''''-'''~_'-'''''":''''-••....--"-!hme-s-R:·1iorialds,on-------Esq.
Attorney for Petitioner.
•----,.••.;~0,·~{,c.-,1:
(Se~l)
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---.--,-----------.:...
IN RE:
ESTATE OF
.'
In ID4e C!Inurt·nf C!Inmmnn 'leus nf lIus4ingtnn Qtnumg.Jennsgluuniu
~rpqunli'<!tOUr!mhttStnn
)~
«
)Ifrt..ttttt"nn «)NO.63-70-255HAZELC.VANCE,AKA ~"'
MRS.W.D.VANCE,
Deceased.))
<!tommonnttultq of 'tnnsyluuniu !ss-<!tounty of lIusqingfun -
To:DAVID L.BARKHURST AND MADELON V.BARKHURST
Sur Petition of:JUANITA ZICKEFOOSE
~rrrtin!l:
lit <!tommunb lou,DAVID L.BARKHURST AND MADELON V.BARKHURST
that,laying aside all business and excuses whatsoever,you do file in the office
of the Clerk of our Orphans'Court of Washington County,a full and com-
plete answer,under oath,to each and every of the averments·of the said
petition,on or before TUESDAY ,the 15th.day of---.:J~un=e~_
19 76,at 10:00 o'c1ock~.M.,and show cause why if the sale is not
completed within the designated time.the real estate should not be
sold by the Executrix
and further abide the order of our said Court in the premIses,
If you fail hereof,the petition may be taken PRO CONFESSO and
a decree made against you.
WITNESS the Honorable Paul A.Simmons,Judge of our said Court,
at Washington,Penna.,the 24th.day of--=.M.:.::a=r--=c=h:--,19 76_.
James R.Donaldson Esq~~~~-======--------.Attorney for Petitioner.
(Seal)"-'9
."ACCEPTANCE OF SERVICE
MarCh~,1976,1 bereby accept service of the w~thin Ci~ation for DAVID L.
BARKHURST and MADELON V.BARKHURST,together with a copy of the Petition and Court's Order
.of March 24th,1976.
/J -LJ /ll()jL ..~r .David L.Barkhurst andHOdelon V;Barkhurst
~>::e l..
(/I>>:t Ul 3:-J:{Z-)o mGlZ-I OO
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IN THE COURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
'I ORPHANS'COURT DIVISION
NO.63-70-255
IN RE:
ESTATE OF
HAZEL C.VANCE,alk/a
MRS.W.D.VANCE,Deceased.
R E C E I P T S
JAMES R.DONALDSON
ATTORNEY AT LAW
WASHINGTON TRUST BUILDING
WASHINGTON,PENNSYLVANIA
~\.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF'
HAZEL C.VANCE,a/k/a
)··(··)
NO.63-70-255
MRS.W.D.VANCE,Deceased.(
RECEIPT AND REFUNDING AGREEMENT
The undersigned hereby acknowledges to have received from JUANITA ZICKEFOOSE,
Executrix of the above estate,the sum of $11,000.00 on account
of my distributive share in said estate,and!hereby agree to refund to the said
estate all or any portion thereof which may be necessary in the future to dis-
charge any liabilities of the estate and to return the same to the personal re-
presentative in the event that it is determined by the Orphans'Court for any
reason that I am not entitled to the same.
IN WITNESS WHEREOF,I have hereunto set my hand and seal this ::z?---'----
day of /11111.',19 7 6__+,-'-''-'-''--f--_
(SEAL)
~'I.
·,
RECEIPT
I,MADELON V.BARKHURST,hereby acknowledge to have
received this date from the Estate of Hazel C.Vance,Deceased,
an Eleven Thousand ($11,000.00)Dollars advance against my one-
third (1/3)interest in said Estate which has been given to me
in the form of an Eleven Thousand ($11,000.00)Dollars credit
against a purchase price of Thirty~eight Thousand ($38,000.00)
Dollars for a tract of land of 75.79 Acres located in Robinson
Township,Washington County,Pennsylvania,and presently owned
by the Estate of Hazel C.Vance.
Date:May 27,1976
1-------
IN TtlECOURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVfu'II..~
ORPa~NS'COURT DIVISION
j
IN RE:
ESTATE OF .
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased.
)·,·(··)
(
NO.63-70-255
RECEIPT AND REFUNDING AGREEMENT
The undersigned hereby acknowledges to have received from JUANITA ZICKEFOOSE,
Executrix of the above estate,the sum of $11,000.00
t',.•
on account
of r<!Y distributive share in said estate,and I he.reby agree to refund to the said
estate all or any portion thereof vlhich m3:ybe necessary in the future to dis-
charge any liabilities of the estate and to return the same to the personal re-
presentative in the event that it is determined by the Orphans'Court for any
reason that I am not entitled to the same.
IN WITNESS WHEREOF,I have hereunto set my hand and seal this
day of -·..,.~:......,,'_a__·..;.V;....-_',19.7 6
~/
~-7IT~SS :
-~-;iif="""----"r~u.~~~rrt.::::'-.~l'T.!'"~~.~'=":I=e~~oo~.?J~~-•.--=•.=.~._(SEAL)
STATE OF PENNSYLVANIA,
WASHINGTON COUNTY,}55:
S'1t,p/elneHfj(
The within named Accountant being duly sworn according to law,deposes and say s that the above/account
as stated is true and correct as she verily believe.
db'f h':'q.4 .Sworn an su scribed be ore me't IS •.•••-c .
,-r.r.;,.
~..'.
day of J.9-ly:~............................19...?~.
....:eJ{,;!..~dJ~~_.
..,
....EDITH L D GUE,~ot8ry Public
Washington.Washington County,Pa91'1IIICommissionlXolrllMar.26,1
Washington County,ss:I do certify that I have given legal notice to all persons
concerned of the filing of Ithe within account in the manner
prescribed by Statute and Rule of Court,as evidence by proofs
thereof filed to No .
Witness my hand and official seal this .
day of 19 .
Register of Wills
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The Court is respectfully requested to determine
proper distribution in this estate.
SUPPLEMENTAL ACCOUNTING
IN THE ESTATE OF
.!!!!E1 ~Y!N£E
a/k/a
!!R ~w.!h..Y!J!£!,
Deceased.
The Accountant is charged as foliows:~,-~.
PRINCIPAL PERSONALTY
J
.~-'....
To correct error lin amount reawarded for further accounting
from First Account
Gain on Sale of Personal Property (page 1)
Transferred from Principal Realty
Insurance Refund (1-5-76)
Insurance Refund (6-8-76)
INCOME PERSONALTY
First Federal Savings &Loan Association (page 1)
PRINCIPAL REALTY
NONE
INCOME REALTY
NONE
Additional Charges from Second Account
$729.65
947.00
37,158.03
13.80
11.72
536.55
$39,396.75
62.595.26
TOTAL-CHARGES -----------------------------$101,992.01
The Accountant claims credit as follows:
PRINCIPAL PERSONALTX
Administration"Expenses (page 2)
-!
Maintenance of Real Es'tate (page 2)
Other Debts &Taxes (page 3)
Advancements (page 3)
PRINCIPAL REALTY
Loss on Sale of 75.76 Acres (page 1)
Transferred to Principal Personalty (page 1)
$1,875.61
499.01
2,770.56
33,000.00
841.97
37,158.03
$76,145.18
Additional Credits from Second Account 16.979.64
TOTAL CREDITS ----------------------------$93.124.83
BALANCE FOR DISTRIBUTION -----------------------------------------------------$8.867.18
/..),.
PERS~NAL PROPERTY
-,
2-8-75 Gross Proceeds from auction
.''!.
$2,336.00
Advertising'
Auctioneer
Net Proceeds from auction
Inventory Value
$97.47
349.53 447.00
$1,889.00
942.00
"\
GAIN FROM SALE ---------------------------------------------$947.00
I~COME PERSONALTY
First Federal Savings and Loan
July 15,1974 $66.79
Nov.7,1974 67.53
Jan.22,1975 67.54
Apr.8,1975 66.05
July 2,1975 66.79
Oct.10,1975 67.53
Jan.5,1976 67.53
Mar.31,1976 66.79
$134.32
267.91
134.32
TOTAL ----------------------------------------------------$536.55
REAL ESTATE
75.76 Acres,more or less,sold 5-27-76
to Barkhursts
.Selling Price
Deductions:
$38,000.00
5/12ths of 1976 Taxes
State Statnps
Local Stamps
$81.97
380.00
380.00 841.97
DUE FROM BUYERS ------------------------------------------$37,158.03
Inventory Value,
Expenses of Sale
selling Price
$38,000.00
.841.97
$38,841.97
38,000.00
NOTES:
LOSS ON SALE -------------------$841.97
1.Barkhursts paid Mrs.Zickefoose
,2.,8.198 Acres were conveyed to
Nolan Vance and Robin Pettry
1.
$3,000.00
"
ADMINISTRATION EXPENSES
8-6-74 Wray G.ZeIt,III
Retainer -Equity Case
11-15-74 Carole N.Beck
Depositions
Wray G.ZeIt,III
Balance Fee &Costs
James R.Donaldson
Additional Fee
James R.Donaldson
Costs Advanced:Notary
Postage
Copies
Russell Marino-Filing Petition
Harvey Stuart -Petition &Citation
Bank Service C~arges ,
$4.25
8.82
12.90
5.00
13.00
$500.00
82.30
387.50
500.00
43.97
1.84
2-2-76 E.H.Hopkins -Survey
..,.
360.00
TOTAL ~---------------~---------------------------------------$1,875.61
MAINTENANCE o F
12.1 4
July 15 West Penn Power Company
Aug.21 West Penn Power Company
Sept.16 West Penn Power Company
Oct.10 Robinson Township School Tax
Oct.11 West Penn Power Company
Dec.7 Southwestern Mutual Fire Insurance
J.2.1~
Jan.22 West Penn Power Company
Feb.20 West Penn Power Company
Mar~,13 West Penn Power Company
Apr.22 West Penn Power Company
June 19 West Penn Power Company
July 1 Washington County Tax
July 1 Township Tax
Sept.10 School Tax
Dec.11 Southwestern Mutual Fire Insurance
Dec.18 West Penn Power Company
12.1i
Jan.10 West Penn Pdwer Company
Feb.\11 West Penn Power Company
Apr.19 West Penn Power Company
REAL ESTATE
$5.50
7.07
6.53
123.53
6.43
34.10
2.69
4.70
4.56
4.'17
8.93
36.29
22.92
129.15
41.70
39.92
7.42
7.84
5.56
TO~---------------------------------------------------------$499.01
2.
J,
OTHER DEBTS AND TAXES
1.212-
Aug.19 On Account Inheritance Tax
Nov.4 School Tax
1971 Income Tax -Penna.
1972 Income Tax -Penna.
1973 Income Tax -Penna.
1974 Income Tax -Penna.
1974 Income Tax -u.S.
1 9 7 6----
Feb.11 Pa.Dept.of Revenue -Bal.'74 Tax
Apr.19 Fa.Dept.of Revenue -1975 Income Tax
Jan.14 P'a.Dept.of Revenue -Ba1 '73 Tax
,.,.
ADVANCEMENTS
JUANI~ZICKEFOOSE
MADELON BARKHURST
NOLAN THAYER VANCE
ROBIN PETTRY
$2,000.00
66.01
3.51
6.95
5.84
178.39
485.73
1.33
5.36
$11,000.00
11,000.00
5,500.00
5,500.00
TOTAL --------------------------,..---------------------------------$33,000.00
3.
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IN THE COURTOF'COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT'DIVISION
HEARING ON PETITION RELATIVE TO REAL ESTATE
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63-70-295:;'m xco·G')~.~-_.,'~~?(~,
No.)
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June 15,1976 at 10:00 A.M.
James R.Donaldson,Esquire,rep
resenting'the Accountant.
THE HONORABLEPAUL·A.SIMMONS,
JUDGE of the said Court.
VANCE,'
(,
IN RE:
ESTATE OF .
HAZEL C.VANCE,a/k/a
~z~MRS.W.D.
.J>-l/l •~Dec,eased.
IIIII.
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..=BEFORE:
uii:Iiio
~APPEARANCES:uo
:J..,
:tI-
:;TIME:
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III~MR.DONALDSON:',.'May it-please the Court,this is
'0:•I"'.':III ;4-•-!"-I f.t..r:~,~.~..,.-".....~..~the time 'set 'for tfte teturn,:'on :the~cit'ati'ori:'in the Estate of..,a::. . . --'. -~.-~
:Jou Hazel C.Vance-at No.63-70-255.I have here acceptance of
~T,.•
g service of th~Cita:tion by Arthur M.Wilson,Attorney for David
LL.'""~,.'.1 1'~...3 !o ,','",
L.Barkhurst and'Madelon V.Barkhurst;acceptance of service
,.i r,
by wray ZeIt,Jr.,Attorney for Nolan Vance and'Robin Pettry.
~
I would like to report to the Court at this time that on May
27,1976 'we completed the real estate sale;$3,000.00 was given
to Mrs.Zickefoose in accordance with the settlement that had
been agreed upon._A deed was ~elivered to Mr.ZeIt for his
clients,Nolan Vance and Robin Pettry and a deed was delivered
I II _I
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to the Barkhursts for the·farm.:The consideration was paid to.~~,,'r -.,.'•
the executrix.As a practical matter at the time an advancemen
in effect of $11,000.00 was given to the Barkhursts \and $11,000 00
was give.n to Mrs~Zickefoose.I have receipts ••.•••
.'.
THE COURT:
0(
z~as exhibits?
oJ>-IIIZZ~MR.DONALDSON:
Do you want to-mark all of those
Perhaps.I shou1d.-
COURT:
iol-e!~THEx·
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~them into evidence.
Have them marked and introduce
Mr.ZeIt has not returned ,the receipts from Nolan
..:~'11:~(Court Reporter marks Exhibit A,B,C)•
o
~MR.DONALDSON:As Petitioner's Exhibit C,I
U ando..~have receipt i:~:t:ef·ui:ldii':ig,fl..-agreement.sby Mrs.Zickefoose and Mrs
:t..,,-
N Barkhurst.
ttl~Vance and Robin Pettry,but we did give them an $11,000.00
II:o~advance too.
II:
l-ll:::l8 THE COURT:Do you have his receipt to mark
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~too?
ILo
MR.DONALDSON:I do not have.I'm waitingfor
them.I would like at this time to offer into evidence Exhibit
A,which is 'the Citation and acceptance of service by Arthur
M.Wilson;Exhibit B is the Citation and acceptance of service
by Wray..Zelt and Exhibit C is the receipts I just referred to.
THE COURT:Do you move their admission?
MR.DONALDSON:I would like to move that they
3.
..
be admitted and,made a"pa,rt of the record.
•THE COURT:
md made a part of the record.
Exhibits A,B,and C are admitted
Would you say Mr~Donaldson tha
The Court can do this then if you
,',
z~believe we did do what we were endeavoti~g to do by.the Petitio
z
~and Citation,which was to bring'this matter to a head.In 'the<~.~petition I did ask and I expected to have considered at this
u
it .In,tlrne a request to have the second and partial account be con-.
a ~
~sidered a second and final account along with a.supplemental
u
o~accouhting,which I am in the process of preparing.I would
:I:I-~like to continue this matter to a further date in order to prep~re
iii~such accounting and get·the approval of the attorneys and their
Ito .~clients.I think at that time we can wind up the estate with a
It
t-~final decree.oo
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~THE COURT:l1.l1.o
are agreeable i,I would like to entertain a motion on your part
to withdraw the Petition and Ciuation on the real estate.I'll
grant that now that the issues raised are ',now moot.Then I'll
continue the matter to July 9 at 9:30,if that is agreeable to
you:'.,
MR.DONALDSON:
.
"
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That is quite agreeable.I woul~
.
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1--,---------;;------=-----------------,--------------------------
like at this time to move that the Petition and Citation·be
withdrawn as far as the real estate is concerned as the matter,
being ,moot thesame having been taken care of.
.'THE COURT:
,
Your motion is granted.We will
I will.
File an affidavit of service if
and any.:othe~interested parties?
Mr.Donaldson,will you please notify Mr.ZeIt and Mr.
then continue this matter generally'until Friday,July,.9 at
~z~9:30.
oJ>-I/)~Wilson
\IIDo
io~MR.DONALDSON:
z
:z:I/)<~THE COURT:
"....;I 'might:::ask that if.it wou d
~hat's about ~t,isn't it?
I will do that,Your Honor.
,
".
.'
we've had in this case.
You better send them certified mail in light of the...=~you will.
l-I/);
Ci past experienceoJ.,<u
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~MR.DONALDSON,:
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iii.-THE COUR'iP.:0:;,.t i
~~.'of .L";'"l,:0:::,.-i",..i~'~!0 •~.~".".,""'t 1-,f ""j..~-.f4.f JII,./;....;.
.-•\II MR..DONALDSON :'....l .•~"".,Yes.
It
I-~.be in order to .request some additio'nal compensation due to theo",,'.u
~extention?
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THE COURT:•1\That should be granted since you've
,"put in a number of extra hours in this case that was not foreseen
by you at the time.~~will entertain your petition for additiJnal
counsel fees on July 9 at 9:30.'You file the petition at that ~ime.
MR.DONALDSON:,I will.~
(PROCEEDINGS CONTINUED)
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I hereby certi~y that the pro~
ceedings and evidenceaare contained fully and accurately in the
notes taken by me on the hearing of the above cause,and-that
same.
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The foregoing record of the
proceedings at the hearing in the above cause is hereby ap~tove
and directed to be filed.
IN THE COURT OF COMMON P~EAS'O;F WASHINGTON COUNTY,PA.
)
•,(Orph,:ws'Court Divisi~n.) -._to
In re:.
Estate of
HAZEL C.VANCE,
Deceased.
BEFORE:
TIME:
APPEARANCES:
THE HONQ~ABLE PAUL A.SIMMONS,
.Judge of the said .court'.
-Friday,July 9,1976,'AT 10:00 A.M.
JAMES R.DONALDSON,ESQ.,
representing the ~ccountant•
.ARTHUR L.WILSON,'ESQ.,
representing David L.Barkhurst
.and MadelonV.Barkhurst.
..
WRAY G.ZELT,III,ESQ.,
representing Nolan.Vance and
Robin Pettry.
MARY JANE DREYER
-_,Official Court Reporter
.,
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MR.DONA LDSON:May it please the Court,this is the time*"" .t ~"~~"t .."'..r 'I •,~",,,..-;.,i I.'L~"
set to hear matters in the estate of Hazel C ~Vance.In accordance with
the Court1s instructions,I sent certified copy of the notice to:Arthur
here for all of the parties except Nolan Thayer Vance,who,of course,
M.Wilson,Wray G.ZeIt,Madelon Barkhurst,Nolan Thayer Vance,
is represented by Mr.ZeIt.I would like to have this affidavit of mailing
Exhibit "D"is admitted and made a
I would like to offer in-evidence Exhibit
Have it marked as an exhibit,if you will,
lID",the affidavit of mailing.
THE COURT:
THE COURT:
made a partof the record.
dated July 8,1976,marked.)
(Exhibit "D",Affidavit of Mailing of James R.Donaldson,
please.
Robin Gayle Vance Pettry,and Juanita Zickefoose.Return receipts are
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part of the record.
MR.DONALDSON :At this tiIn;e,I would like'to move the
Court that the Second Account,which was filed,can become,in accord-
ance with our notice,the Second and Final A ccount,in order that we
may finally wind up this estate,if possible~I have a supple'mental
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accounting here,'which perhaps my motion,~h9ulsl~9~;'r~,la i,ri~abeyance
-until the Court looks at this.This is a supplemental accounting which
, I had furnished copies to Mr.Wils09.and Mr.'ZeIt,on July 7th.This
morning,I gave them,a little she'et,'~hich has on it certain additions
~,r •~
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to that supplemental accounting,which I'd like to give t9 the Court at
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this time.
THE COURT:,
morning?
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Do we have an audit petition here this
Honor,and you have ~he.papers there .
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MR.DONALDSON:
THE COURT:
'.,
The audit was held 'some time ago,your
Ail right,may I ask,this question then;
know,there will not.We have additional in~ome,in addition towhat is
will there be any necessity for an amended audit petition?
on that supplem,ental,at the First.Fed~ral.Savingsand Loan,of $66.79;
~"...
I think not,your Honor.As far a.s IMR.DONA LDSON:
We have a refund from West Penn Power Cpmpa'ny of $1.21.Through
an oversight on my-part,I forgot to incJude in'the account the payment
to John Lawrence,for surveying,·of $250.00.$2.'00'for affidavits;and,...,
.on June 29th,the balance of the 1974 income tax,of.$21.55,was paid.
I have given them copies of that,and you'can have tQ~t,your Hohor•
.-.
THE'COURT:That I S in addition to this?
MIt.DONA LDSON :That is in addition to the supplemental
accounting.On the second page of the supplemental accounting,that
.
is palled number two;I drew red lines above the part that shows
be necessary to file a supplemental affidavit of debts and deductions
$3,000.00 from Mrs.Barkhurst to Mrs.Zickefoose,and the con-
not included in the accounting in any way,shape,or form.It will
I would like to do that as soon as I
You say it will be.?
Amended schedule of debts and deduc-.'\F ;"'1\,"/:)\r.
;".t\:~.,,1'
It will be,yes.
When do you want to do that?
MR.DONA LDSON:
MR~,DONALDSON:
hearing this morning.
tions,right?
THE COURT:
THE COURT:
THE COURT:
i-"-•.'"I j "can get the inhe.ritance tax people to ~give me.a statement,then If,'),-
,I ~r ~',.~...,.;.0";:::,,,'.~:.c ~~.I ~'.'"I
f '1'; ,-f!f I'.·'t l ,,"I t'~'f'.".'::'l •
of'~,l~'!1 ~-',:'"~',1 :."~¥...~' •~'.t 4,.~/
will have my affidavit of debts arid expenses "prepared right after this
for inheritance tax purposes,and pay some additional inheritance tax
veyance,which you will recall,was part of our compromise,and is
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MR.DONALDSON:It will be additional'debts and deduc-
1tions.Insofar as the decree of distribution is concerned,your
Honor,I think that,since all parties are here,I wauld like to set
5
"
.".,
forth for the court.my view of"how it should.be handled.I w'oold
•
like the Court to reaward to the executrix,·for income tax contin-
gencies,$600.,00,,with any unused,.balance'to be'distributed in ac-
cordance with the distribution of the residue.Now,as far as the
an amended tax return,for '75,.~.'174 ?
Honor.You r.ecall we had this'all'in a ---'it:came up in a bundle.
formation'return,allocat(ng the income'on the ~interest and any
,'..'
1975 ?
accordance
+"~"/}t ~,lwlnlbe/,no J ~"r~••,:'.,(II Ii"I,'II J I 'f',J~I ..,,!,'rf .~,~.•
l'b ",''1"<,j t ....'.i,t~
-,fl.',~'Jo-"• .......""slate,for the
lei other words,'you might have to file
".It 'would be for prior years,yourMR..DONA LDSON:
THE COUHT:
THE COUHT:
year 1976.
,
cap'ital gain or loss to'the several'remaindermen ,in
,,:!l'·'t·,,-,".~.
.~..,.~,l!,with their proportionate '~shares,so that tliereactually
",'1,":-f.';,';';6,'~~';'"/,"'!r -f'-,...i I ~(i',Iii .f't,",l;I'.'I"'~,.,••'~,j)~>.F',·,~';:~{1tl".it.....',.f ~.r·,'ft'.,'.',.t l,-~income tax payable by.the'estate;··-either federal or
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But Uris reaward will be for
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.'income tax is concerned!in making ·this 'statement,I am considering
filing 1976 income tax return,which will be in~the nature'of an in';'"
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be a possibility that tJley would reHgure the interest They don It
seem to figure like I do ?-lways.'.I don't think we will come any
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'ways close to having to use all that money,your Honor,but
-~------------".-------------------------~:----------..........-o:"---"
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.on hand,if jou need it.
MR.DONA LDSON :
that the estate endeavor to
...
Right.If there would be an insistencE
pay the '1976"~':~~;-~~e:~Ji~1~ii:~~~~~ke more
money that than,depending on what you use as figures in connection
with the sale of the real estate.I think,that the appropriate lwaY'::5J
is what I mentioned here,that this would be an information return,
and I wculd be willing to meet with Mr.Wilson and Mr.Zelt to go
ove.r the proposed return,prior to filing it,so that all'parties will
be aware of what's 'going to be in it.The decreevof distribution,
finally,I would,anticipate one-third of the residue to Mrs.Zickefoose;
one-third to Mrs.Barkhurst;one-sixth to Nolan Vance;and one-sixtt
to Robin Pettry.I think that is what I have to present to the Court I
at this time.
THE COURT:Now,it is my uriderstanding that we
want to close out the audit,subject to certain conditions,namely,
first,that you are going to file an additional or addendum to your
schedule of debts and deductions.
MR.DONALDSON:
THE CaJRT:
That is correct,your Honor.
Number two,you want a reaward to
the executrix,for income tax contingencies,however,any unused
..
•
distribution of this $600.00 will be
distribution of residue..'..~
MR.DONALDSON:
the
would affix the information return'to his income tax,return,and
,.'
tion return"in the instance of where there 'might be an'income tax
impact,which,ofcou:rse,would,have to t>~retu£>ned by e'ach of the
recIpients.For'example,if there is a gain or loss ,~ach person'.~:
And you're goiq:g to file an informa-..'
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is a gain of any type of ;income,ordinary income,they would like-
wise report that on their individual income tax return,is that correc t?
ing a complete dist ribution in the year 1976,and when you have you
complete distribution,I believe that's the way to handle it.
nitBiy,we·have income,in the 'year 1976,'so the're c E3rtainly will be
something to turn 'over,'hecaus~we d'o have income,but I amassurr.-
That is correct,your Honor.Defi-MR.DONALDSON:iiiII:
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affida.vit of ma.iling,you make an exc'eption for.Nolan Vance.
MH.DONALDSON:We didn't get a 'card back from him.
THE COURT:Wen,evidently,his.attorney is here
.\
YOU represent Mr.Vance?
8.
l\R.ZELT:
but not from Robin.
MR.DONALDSON:
wrong,your Honor.
.THE COURT:
Yes,we got the card back from Nolan,
I'm sorry,I believe I did say that
The affidavit indicates that you did
.
not get the card back from Nolan,but,actually,it should be from
Robin,is that right?Do you want to correct that with penciL I
think it should be corrected now•.
(Discussion not reported.)
MR.DONALDSON:What he's talking about,your Honor,
is that I had receipts for advancements of $11,000.00 from Mrs.
Barkhurst and from Mrs.Zickefoose,and $5500.00 from Nolan
Vance,but Mr.Zelt has not delivered the $5509.00 receipt from
of
Robin Pettry,because she is
me he.'s going to get it.
THE COURT:But the main
but he has assured.~,
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you did represent him here in Court ?
in is the fact that Nolan Vance,although his card didn't come back,
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..
sent him,and he is aware of,and has'received a copy of the accoun •
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notice,and'is represented here,if necessary.
Are you going to reaward for inheritance tax liabUit y,as well as
any idea
do we have any state..,./'
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Ye's,your Honor.
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,'Well,now,.I'll a'sk you this'question.
.I .just Wot1d:~.r:ed if'.there·was
,,t ~";;-,ft "',"•l'"-J ~.inheritance;~4i\sr:7fia,1?'i~it~:;t;
.t-of,...~"f.Jl •.'.~,,~,'-'"::'"'..'""J-r I!.:Ill--",.
MR.·DONALDSON:
MR.WILSON:
of the amount of ad<;litional
income tax·liability?.
MR.ZELT:
THE COURT:
;
THE COURT:That's the main thing..
.
.'
MR.ZELT:And has no objection to it.,
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THE CDJRT:Yes,we want to make sure he has
ments from Mr.
THE COURT:
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MR.DONA LDSON'~Now:I could be mistaken on this,your
Honor,but this is one of the old estates·where I believe that this
income.tax liability is set forth in the decree,·the way it used to
,----------------,..--------~--_._--_._------------~----------~--------;-----
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THE EOURT:You mean the inheritance tax?
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deductions are added in,there will be a bill to the estate,and
been in touch with me,and I have added the audit costs 'to the debts
normally would have been handled with assessment of 1nheritance tax
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Well,now,you're going to pay}this
Mr.Vlachos,you're here in Court;
The Court please,this is one that
THE COURT:
issued.
MR.VLACHOS:
THE COURT:
in this one,.
and deductions ,that were filed,and if all appraisals and debts and
on return;however,the inheritance tax department employees have
what's your opinion on it?
should be paid beIore the audit is completed;.efore the decree is
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MR.DONALDSON:: .J i,l m sorry,li4ean,;othe'l inher,!t'an~e',tax 'Ii..."',. .,'~'.r..f""'11 II '),,,',;,~',1,""j 1
d'~~/..'1.,..,"j,~f~f r~'~~.~,·,f:·:rt ..,,1,,:,'t".";,,"'....-.f"I'
issue,is set forth in the "decre'e,the way'that -it 'used.to'be.I',
'-;:.;t f'
,'."'¥.ttalkedtoChrisVlachosaboutanotherestate,and he told'me that.t-"9 :.~..JO~'i (~v 4,,:,"1f~·;"~.
that was the way.we would handle it theJ~;1ss>1I~:assurrieditwould be
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out of the residue,is that right,Mr.Donaldson?
MR.DONALDSON:Yes.The only thing I know then,is
to delay preparati.on of the decree until we have paid the inheritance
11
.
MR.DONALDSON:You mean whether the inheritance tax I,,
would be more than'the balance on hand?\I.
\..
MR.WILSON:Yes.,
;,.
MR.DONALDSON:Oh,I don't think so.
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:'Your'Honor,I'would prefer,actually,
res ort to that.
not have sufficient money to satiSfYf'~ap.parently,the tax liability of,
the individual legatees with,and I'd just as leave we didn't have to
MR ..WILSON:
in the estate,and there are receipts to the effect that the estate doe ~
MR.DONA LDSON :
probably,it be don~that ,way,be~ause we have"hJ.ade advancement
THE:COURT:
tax,if we,have
will hold'the money until we
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MH.WILSON:I don't"know.wh8;t it is.
THE 'COUHT:It's my understanding now,just so thE
,record will be clear on this,that we will hold .up'the actual issuanCE
of any final adjudication and decree,until such time as you get a,.
bill from the Inheritance Tax Department of the Commonwealth of,,.
---------------------------~--------;------,
12
Pennsylvania.
MH.DONALDSON:As far as this is'concerned,y~)Ur
statement.All right,now,do you have anything else?Mr.Zelt,
a balance here of $8,?67.00,and I do not believe that we are com-
we could,and we made two payments,of $2,000.00,and $1,000;00,
so there has been $3,000.00 paid on account 6f the tax.We have
Yes,sir.
I believe the best thing to do then
Nothing,your Honor.
In other words,you have sufficient
MH.ZELT:
MR.DONALDSON:
on hand?
THE COURT:
do you have anything to offer?
would be to withhold any further distribution until you get the tax
THE COUHT:
ing any ways close to that.
Zelt brought us into Court,in order to get the tax paid,as far as
Honor,you will recall that away back,to start the matter,Mr ••«z«>..J>-V)z
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Your Hanor,I'think,;Jin light.of the ~
.f t ..',,-t,""f<..,(;"1'1'r·,.t >\f OJ.I•~t.{:'r.t I !._I ,A."n'-,'~.,".;!'
rem:embe'r·,at'ion'e·particular 'time,
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you polled everybody i,ndividually,not just their attorneys,to see if
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13 •
.that 'if we're going "to wind 'it.up,we wind it 'up.
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...~O.K.,;'we,can do that.I think that's
,........
Yes.
,,While he's doing that,your Honor,
MR.DONA LDSON :
adjudication?
$'"••~,.f'.r "j:,~,~,i''i'(Mr.Zermani returns to the.~icourtroom~"aftElr It
.;\....."':J t·~I ~:.'..:
TEE COUR.T:
to make this announcement.,)
their approval,'before I bring·it to the Court.
(Mr~Zermani,Court Cri~t,leaves the cour troom .
making the announcement in the ,halls.)
MR.DONALDSON:
tax pe'ople,and prepared a proposed decree of distribution,it might,
may I suggest that when I have finally settled'with the inheritance
be wise to present a copy to Mr.Wilson and to'Mr.Zelt,and get,'.,,,
courthouse is interested in this estate.
all right.But,let's announce it generally,to see if anybody'in the•
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sponse?-,
MR.ZERMANI:Your Honor,I received no response.
--------.-.---------------------~-------------------------;----------,
14.
THE COURT:All'right,now I understand all parties
are'present,is that correct?
with what is going on here today?,
Is that correct?
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All right.Now,Mrs.Barkhurst is
I'm representing Mrs.Barkhurst and
Yes,we are.
All right.Now,Mr.Wilson,you arE
Yes,it
My parties are not present.I can
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All right,now are you in accordance
MR.WILSON:
representing ---
MR.ZELT:
THE COURT:
her husband.
MR.ZELT:
THE COURT:
THE COURT:
Vance and Robin Pettry?
MR.ZELT:
THE COURT:
speak for them.•
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swear her,if you will,please.
lVIR.WILSON:You'd better leave her husband,speak~
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-------------.--,---------~----;------------------:-----
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THE COURT:, .Ye~,b~th of you come forward here,
and raise your ~right hands.
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with this?
how we're going to 'wind this matter up;are you in accord
J...,
And where do you live,sir?.;('
David L.Ba,rkhurst.
A.Well,I couldn't hear everythi'ng'he was saYing~He was
Q.All right,n'ow you ,step up here,and\.I'll explain it to you,
'.
..
DAVID L.BARKHURST ~nd MADEWN,V.BARKHURST- -ft •~...
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come to ':the ba,r,.~nd·eire,s,,w,.o,r,',n.),ll ~."J'"~~',,'~'J,",>",\J 'j ,".\•,".,.\'."I~,'~"-,,".••••,,"'.I",,~",J ','~,d,.','j'"j'.,iI'_'"'"t'i"",,"h '~":''','/.",,~1.~,..~r:;'.I .,.1",,/'",,1''','''~;,'~,.....',.,.Ii''t'·''.'1 ",T.~,••,',f -~t ••~',t~---l-~',""'...-~'f~··"......,t-',~.
talking t~is way,and I couldn't 'he.ar.. .
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you.
EXAMINATION BY THE COURT:
A.
A.R.D.#1,Bulger,Pa.
Q.,All right,now you heard Mr.'Donalds,Dn'sstatement as to
Q.Mr.Barkhurst,will you state'your full name,'please.
Q.
THE COURT:
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so you can hear 'what went on'.Mrs.,B~rkhurst;will y:ou
step up here with 'him,too,"please.,All,right,.now this
is my understanding as to'hoW.--.;.can you hear me all.,,
right?
A.Yes.
16
Q.Now this is my understanding how this whole matter is being
determined;wound up,rather.First,Mr.Donaldson,be-•
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cause of the additional expenses which he mentioned this
morning,will have to file what is known as an addendum,
that's an addition,to a schedule of debts and deductions that
he's already filed in this case.That has to be done.In,'
addition,there has to be a reaward to the executor,in the
amount of $6,00.00.Now this $600.00 is to be used to pay
any income tax liability that the estate might owe for the
years prior to 1976.Do you'understand that?
Who pays the $600.00?
This money is com ing out of the estate,do you understand?
O.K.
Now,if this mon~y is not used,any unused ,Portion of the
$600.00 will be distributed,as follows:One-third to Mrs.
,
Zickefoose;one-third to Mrs.Ba,rkhurst;one-'sixth to Nolan
Vance;and one-sixth to Robin Pettry;any.part of that
$600.00 that is not used up,do you understand?
Yes.
All right,now,for the 1976 tax year,Mr.Donaldson,acting
I
for the estate,will send to each one of the four of you an f:",
\};,~r'I~~;f f f.Ii
information return,which you can usedo tfile"~our income'•,"!,010·J ~if ~'"~f •f ~1 ~,'_~-
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"17
,
tax.For example,if there is any capital gain,or capital
loss,or any ordinary income,this will be set forth on this.
information return.You:will take this to the pers.on who
A.I understand.
Q.Now,before the final monies will be distributed to the four
assets of this estate.Do you understand that?
final
,
Do you l.mdersta'nd this?
.
Now,there might be,and most probably will be,
~..
Yes.
,
h~ritance tax,will be distributed:one-third to Mrs.Zicke-,
-~
'.11..,·..·47 ..~,'jI,'~:.,~:t'foose;one-thirdi'to Mrs.Barkhurst;one-sixth to'Nolan
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Now,"before the
tunderstand.
9f you,they are going to payoff this inheritance tax,and
to do with it,and that would be a 'personal tax liability for
then,the balance le'ftover,after;~..the payment of the in-
prepares,your income tax returns,and ',they will-know what
an additional inheritan,ce tax.
.
1976,'for each person.who .is a recipient of the funds or
All,:r:ight.
Q.
A.
Q.
A.
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adjudication and decree,which will wind this whole matter,,-..-'f~'''-tt f r .."',-::1':-.:.,"ll.lr.,~\:~;.
.~""t!'l.)'r~oo-~~..~'4't~~wup,Mr.Donaldson 'has -promised to show this to Mr.
,Wilson,your attorney,'and to Mr.Zelt,who is the 'attorne'y
{or Nolan Vance and"'Robin Pettry,to make sure'that they.
18
are in accord with everything.
•
THE COURT:And,Mr.Donalgson,I understand yot
represent the Zickefooses•
Q.Is that agreeable with you?
THE COURT:
.-
".
Yes,,sir.,...
Yes..,
right?Now do you understand what we're saying?._
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So they will
A.
MR.DONALDSON:'
Q.
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I guess so~
All right,now,Mrs.Barkhurst,is that agreeable with you
(Mrs.Barkhurst)Yes.
THE COURT:O.K.,now very good.Now you can
have a seat.Now,_Mr.•.and ''Mr.s.
Zickefoose,will you come up here,
,please.
(Mr.and Mrs.Zickefoose come to the bar and are
!=:worn.)
"
19.
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this to Mr.and Mrs.Barkpursf.
MR:&MHS.~ZIGKEFOOS:E{:Yes•
.,
and Mrs.Barkhurst;are you in accordance with the various pro-
.,'.".,
It sounds better every time·you explail
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All right.it seems like everybody is
Very'good..All right.you may sit
.
Yes.
And,to.
Now.is this agreeable to -you.Mr.
N~w.Mr.Zelt.you heard me.explain this matter to Mr.
MH.ZICKEFOOSE:.
MR.ZELT,:
MRS.ZICKEFOOSE:
THE COURT:
it.Judge.W,e -have ho obj~dion.
visions as I explained them'to them?
arid Mrs.Zickefoose?
THE COURT:
THE COURT:
down.
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in accord.s6 the Court will rriak~,the folloyving order then to close
,the matter out.'I hate to go over it again.but I guess I'm going to
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have to do it.Do we have ariybody in the courtroom.other than',
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the various parties who ha"e testified,or their attorneys,who are
."..~,......"Ii .~'t'II ?n
interested in tl:1e estate?,
(No response.)
Two:The amount of Six Hundred
ORDER
to the Court an addendum to the.Schedule of Debts and Deductions
ing:
Hearing nobody,'other than the person
tax contingency,or liability,for years prior to 1976.Any unused
($600.00)Dollars shall be reawarded to the execl..J.tor for any income
the audit of this estate will be ordered closed,s1ibject to the follow-
'.",'One:Attorney Donaldson will submit
AND NOW,this 9th day ()f July,1976,
which has already been submitted.
portion of the $600.00 not necessary for income tax liability,will be
THE COURT:
following order:
who have already voiced their comments,the Court will make the
distributed,as follows:One-third (1/3)to Juanita Zickefoose;one-
third (1/3)to Madel'on Barkhurst;one-sixth (1/6)to Nolan Vance;and
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one-sixth (1/6)to Robin Pettry.As for the year 1976,Attorney
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Donaldson will send to each one of the residuary legatees,or
distributees;of this estate,an information return,for income tax
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purposes,which will set 'forth"on it any income tax liability,whether
it is a capital ..gain or loss,or whether it is ordinary income.
Third:In addition,prior to the '
distribution of the monies now remaining on hand,,all inheritance
taxes due the Commonwealth of Pennsylvania shall be paid.
Four'th:M.Donaldson will aI"so sub-
mit a suggested Adjudication and Decree,and this will be approved
by Mr.Wilson and Mr.'Zelt,prior to the final,signing of 'the same
by the Court.On the Adjudication and Decree,it will be sufficient
if Mr.Wilson will initial his approval,and'.Mr.Zeltwill initial his
approval of the,same,and,of course,Mr.Donaldson will submit it
to the ~;tidit Clerk,Mr.Vlachos.
Fifth:In addition,the Court has re-
ceived and will be,obliged to at'tach::or affix to the supplemental'ac-
count,ing,an addition to the 'supplemental accoun.ting,known as
"
:"charges against income personalty/~in the amount of $272.75,.
which will be,made a part of the record.
,After all of these things have been
accomplished,as indIcated by the Court,the audit of this estate
witl be closed.There will be no necessity for:an additional hearing
21.,
,.
--------.
unless'there is s,ome unknown complication in the future,which the
Court does not anticipate.
", ,.
Court adj ourned in this;matter at 10 :30 A.M.,
~"
on Friday,July 9,1976.) .
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I hereby certify that the proceedings
are contained fully and accurately in ,the notes taken.by me at the hearing
in the above cause,and that this copy.is a correct trans!Jr{pt of the same
".~~P.I ,LA.,:j~~,·
.MarYc/J~Dreyer;rJ
OffitKal Court Reporter.
,.'
The fore~oing re~ord ofproceedings at
the hearing in the ?-bove ~ause is .her-eby approved and directed to be
filed.
By the C ourt~
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
(Orphans f Court Division)
/
Estate of
IN RE:
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,
Deceased.,.'..
)
)
)
)
)
)
)
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No.63 -70 -255
r.
.i
HEARING ON AUDIT BEFORE THE
HONORABLE PAUL A.SIMMONS,J.,
ON FRIDAY,JULY 9,1976,AT 10:00 A.M.
APPEARANCES:
James R.Donaldson,Esq.,
representing the accountant.
Arthur L.Wilson,Esq.,representing
David L.Barkhurst and Madelon V...
Barkhurst.
Wray G.Zelt,III,Esq.,representing
Nolan Vance and Robin Pettry.
,.ORDER
AND NOW,this 9th day of July,1976,the
audit of this estate will be ordered closed,subject to the following:
One:Attorney Donaldson will submit to
the Court an addendum to the Schedule of Debts and Deductions which has
already been submitted.
Two:The amount of Six Hundred ($600.00
Dollars shall be reawarded to the executor for any income tax contingency,
or liability,for years prior to 1976.Any unused portion of the $600.00 not
necessary for income tax liability,will be distributed,as follow$:One-thir
(1/3)to Juanita Zickefoose;one-third (1/3)to Madelon Barkhurst;
-1-
.:f 'r •
.'......,
,.
one-sixth (1/6)to Nolan Vance;and one-sixth (1/6)to Robin Pettry.As for
the year 197q,Attorney Donaldson will send to each one of the residuary
~',Jo •~.~r:,t-1 1 •
"legatees,~'or distributees,of this estate,an information return,for income
tax purposes,which will set forth on it any income tax liability,.whether it
:'',.
'1
is a C;3:piti3.}gain d~.1oss,or whether it is ordinary income.
,.-.Third:In addition,prior to the distribu-
tion of the monies now remaining on hand,all inheritance taxes due the
Commonwealth of Pennsylvania shall be paid.
Fourth:Mr.Donaldson will also submit a
.~..,...
suggested Adjudication and Decree,and this will be approved by Mr.Wilson
and Mr.Zelt,prior to the final signing of the same by the Court.On the .
Adjudication and Decree,it will be sufficient if Mr.Wilson will initial his
approval,and Mr.Zelt will initial his approval of the same,and,of course,
Mr.Donaldson will submit it to the Audit Clerk,Mr.Vlachos.
Fifth:In addition,the Court has received
and will be obliged to attach or affix to the supplemental accounting,an
addition to the supplemental accounting,known as "charges against income
personalty,II in the amount of $272.75,which will be made a part of the
record.
After all of these things have been ac-
complished,as indicated by the Court,the audit of this estate will be closed.
There will be no necessity for an additionaU.:hearing,unless there is some
unknown complication in the future,which the Court does not anticipate.
By the Court,
PaulA.Simmons,J.
,J.
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Jennsylnuniu.(@rpquns·<tLnurt Ilini.ainn
)
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE.
Deceased.
N 63-70-255o.__-==---.!:~=~_
In the matter of the Second &Final
Account of JUANITA ZICKEFOOSE,
Executrix
ADJUDICATION AND DECREE
And now July ,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
$8,342.53 and the account is accordingly confirmed;and it is ordered,
adjudged and decreed that the said balance be paid out by the Accountant in accordance with the
schedule of distribution hereto attached and made a part hereof,unless exceptions hereto be filed
sec.reg.or an appeal be taken herefrom sec.leg.
By The Court
J.
SCHEDULE OF DISTRIBUTION
Balance per «OCQtlDt.Supplemental Account
Additional Credits -Audit
Additional Debits -Audit
Inheritance TaE Paid-not reflected in Account
Balance _
Deduct Clerk's Costs &Receipts.....a&~Al:toId.LI,"'e:.lr;.&,t"""'j.l;j,s...j P~g~--------l
At'torney James R.Donaldson
$8,867 19
273.55 8,593.64
68.00 8,661.64
319.11 8,342.53
$8,342.53
40.00 8,302.53
Juanita Zickefoose,Executri~,Reaward for tax con-
tingencies after taxes have been fully settled and
Accountant's liability therefore ceases,any balance
remaining to be distributed to residuary legatees in
their proportionate shares,without necessity of
further accounting
Juanita Zickefoose,1/3rd residue
Madelon Barkhurst,l/3rd residue
Nolan Thayer Vance,1/6th residue
Robin Gayle Vance,1/6th residue
As required by Fourth of the Order of Court of July 9,
approve the foregoing Adjudication and Decree.
600.00
2,567.51
2,567.51
1,283.76
1,283.75
7,702.53
5,135.02
2,567.51
1,283.75
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IN THE COURT OF COMMON PlEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
j
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased.
).
(
)
NO.63-70-255
PETITION REQUESTING THE COURT TO SIGN
PROPOSED ADJUDICATION AND DECREE
TO THE HONORABLE,PAUL A.SIMMONS,JUDGE OF SAID COURT:
The Petition of JAMES R.DONALDSON respectfully represents:
1.That the Court's Order of July 9,1976 at Fourth directed your petitioner
to submit a suggested Adjudication and Decree,to be approved by Mr.Wilson and Mr.
ZeIt prior to the final signing of the same by the Court.
2.·On September 2,1976 your petitioner reported concerning the estate to
Chris Vlachos,Esq.,Audit·Clerk,a copy of which report is attached hereto and in-
corporated herein.
3.On September 3,1976 your petitioner received approval from Wray G.Zelt,
III and the same was delivered to Mr.Vlachos.
4..Copies of memos to Mr.Wilson and Mr.ZeIt are attached.
5.Mr.Wilson has neither approved or disapproved the proposed Adjudication
and Decree which~as presented to him on August 12th,1976.
WHEREFORE,your petitioner respectfully prays your Honorable Court to sign
,;'II,.<li...
the proposed Adjudicati.on and Decree without the approval .of Arthur M.Wilson.
And he will ever pray,etc.
• I
..
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF WASHINGTON (
Personally appeared before me,the undersigned authority,JAMES R.DONALDSON,
who,being duly sworn according to law,deposes and says that the facts set fOrth in
the foregoing Petition are true and correct.
:
Sworn to and subscribed
before me this 10th day
of September,1976.
~'.
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IN THE COURT ,OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANs'COURT DIVISION
NO.63-70-255
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased.
\.~.,
PETITION REQUESTING THE COURT TO
SIGN PROPOSED ADJUDICATION AND
~
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JAMES R.DONALDSON
ATTORNEY AT LAW
WASHINGTON TRUST BUILDING
WASHINGTON,PENNSYLVANIA
/~'i-I/!J-IJ
,.
September 2,1976
Orphans'Court -of Washington County
Division of Common Pleas Court
Washington County Court House
Washington,Pennsylvania 15301
'll.~IN RE:Hazel C.Vance Estate
No.63-70-255
ATTENTION:Chris Vlachos,Esq.
Audit Clerk
Dear Mr.Vlachos:
Complying with request contained in your letter of August 27,1976,in
so far as the above estate is concerned I wish to report as follows:
On July 9,1976,at Fourth,Judge Simmons directed as follows:"Mr.Don-
aldson will also submit a suggested Adjudication and Decree,and this will be approved by/"
Mr.Hilson and Mr.Zelt,prior to the final signing of the same by the Court.On theM-
judication and Decree,it will be sufficient-if Mr.Wilson will initial his approval,and
Mr.Zelt will initial his approval of the same,and,of course,Mr.Donald~on will submit
it to the-Audit Clerk,Mr.Vlachos.Ii
The Executrix was in Europe-for a period of time,returning on or about
August 7th.After ascertaining that the Executrix had adequate funds for an items in-
cluded in the proposed Adjudication and Decree,I presented a copy and the original to
Arthur Wilson on August 12th;at that time Mr.Zelt was on vacation.On September 1st I
submitted a copy of the proposed Adjudication and Decree to Mr.Zelt.I have not received
an indication of either approval or objection from either attorney.Yesterday I caused
another original of the Adjudication and Decree to be prepared,and the same is presented t
hereTNith,along with a copy of the Adjudication and Decree as presented to each of the at-
torneys..If I do not receive ~epije~from !~.Wilson and Mr.Zelt by September 10th,
I plan t~request the Court to sign the Adjudication and Decree without their approvalt
leaving them free to file objections,if either so desires.
Very truly yours,
JPJ):ed James R.Donaldson
~n t4t arnurt nf arnmmnn 'leus nf lIus4itt!ltnn arnutUy,
Jennsyluuniu,(0rpJ1uus'Q!nurt mittininn
)
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,
Deceased.
N 63-70-2550._
In the matter of the Second &Final
Account of JUANITA ZICKEFOOSE,
Executrix
ADJUDICATION AND DECREE
And now September ~7 ,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
$8,342.53.and the account is accordingly confirmed;and it is ordered,
adjudged and decreed that the said balance be paid out by the Accountant in accordance with the
schedule of distribution hereto attached and made a part hereof,unless exceptions hereto be filed
sec.reg.or an appeal be taken herefrom sec.leg.
Balance per ~Supplemental AccQunt
Additional Credits -Audit
Additional Debits -Audit
Inheritance Tax Paid -not reflected in Account
27305 1 $68.0~
319.11
8.867.19
8,593.64
8,661.64
8,342.53
Balance,_
Deduct Clerk's Costs &Receipts---.w&~Ad....vlUe;;"ar...t...i~soLj.l.l,ng&-_
Attorney ,Tames R.Donaldson
Juanita ZickefoQse,Executrix,Reaward£Qr tax CQn-
tingencies after taxes have been fully settled and
Accountant's liability therefQre ceases,any balance
remaining to be distributed to residuary legatees in
their prQpQrtiQnate shares,withQut necessity Qf
further accQunting
Juanita ZickefQose,1/3rd residue
MadelQn Barkhurst,1/3rd r~sidue
NQlan Thayer Vance,1/6th residue
RQbin Gayle Vance,1/6th residue
40.00
600.0p
2,567.5~
2,567.5~
1,283.7~
1,283.71>
$8,342.53
8,302.53
7,702.53
5,135.02
2,567.51
1,283.75
NeQ :BALANCE
).
'1/;I ,.(,r.,:""'1'~'11'~0"t11"1 q Iv '1 "V ~.,.••...'"t\
STlif.\:CJ ~_I::3 J.S IQ 3~;
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Executrix
..
JUANITA ZICKEFOOSE,
Altjubitntinn nub mttr.e~
No.63-70-255
In the matter of the
Second &Final
Accountof
of Estate of HAZEL C.VANCE,
a/k/a
MRS.W.D.VANCE,
Deceased.
l.
i,
".
!.
i IN THE COURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
NO.63-70-255
---'---
ESTATE OF
HAZEL C.VANCE,aka
MRS.W.D.VANCE,Deceased.
"'...
R E C E I P T S
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'!'...,J.JAMES R.DONALDSON
ATTORNEY AT LAW
WASHINGTON TRUST BUILDING
WASHINGTON,PENNSYLVANIA
1=====U J
"~
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
)
ESTATE OF
HAZEL C.VANCE,a/k/a
(.
)NO.63-70-255
MRS.W.D.VANCE,Deceased.(
R E C E I P T
KNOW ALL MEN BY THESE PRESENTS,that I,JUANITA ZICKEFOOSE,
do hereby acknowledge to have received from JUANITA ZICKEFOOSE,Executrix
of the Estate of HAZEL C.VANCE,a/k/a MRS.W.D.VANCE,
Deceased,the sum of ------'lWO THOUSAND FIVE HUNDRED SIXTY-SEVEN &51/100
--------------------------------($2,567.51)--------------------------------DOLLARS,
as awarded to me under Decree of the Orphans'Court Division of the Court of Common
pleas of Washington County,Pennsylvania,dated September 27,1976,at the above
number;and I do hereby authorize and empower the Register of Wills in and for said
County to enter and file this Receipt.
(~I IN WfTNESS WHEREOF.I have;reunto set my hand aad seal at 7fJ#/b.s,-?
7L~.Jt(/~b ~t:,2-,this ~day of _--=O:,=:c.;::.to=.:b:;,;e:.,:.r ,19 76
WITNESS:
--~-.~l-:::::'"_·_(7":J::-u-a-n'";""i':"""ta-J-;;Z:-:i-~-r-·7'~~o-o-s-·e~)--,oiI'-.-_·_·_._..;::...:~")(SEAL)
/
IN THE COURT OF COMMON PLEAS or WASHINGTON COUNTY.PENNSYLV ANIA
ORPHANS'COURT DIVISION
ESTATE OF
HAZEL C.VANCE.a/k/a
MRS.W.D.VANCE,Deceased.
(
)
(
NO.63-70-255
R E C E I P T
KNOW ALL MEN BY THESE PRESENTS,that .1,MADELON BARKHURST,
do hereby acknowledge to have received from JUANITA ZICKEFOOSE,Executrix
of the Estate of HAZEL C.VANCE,a/k/a MRS.W.D.VANCE,
Deceased,the sum of ------TWO THOUSAND FIVE HUNDRED SIXTY-SEVEN &51/100 --------
----------------..;.----------------{$2,567.51)-------.-----------..;.----~--..;.---DOLLARS,
as awarded to me under Decree of the Orphans'Court Division of the Court of Connnon
'Pleas of Washington County,Pennsylvania,dated September 27,1976,at the above
number;and I do hereby authorize and empower the Register of Wills in and for said
County to enter and file this Receipt.
IN WITNESS WHEREOF,I have hereunto set my hand and seal at I1tJ /{£/L ..f;tt . ,this rJd.-day of October ,19_7_6 _
WITNESS:
9}-~i~:<-----
(SEAL)
I~~~--------------------,------~---,---------------.,
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased.
(
)
(
NO.63-70-255
R E C E I P T
KNOW ALL MEN BY THESE PRESENTS,that I,NOLAN THAYER VANCE,
do hereby acknowledge to have received from JUANITA ZICKEFOOSE,Executrix
.of the Estate of HAZEL C.VANCE,alk/a MRS.W.D.VANCE,
Deceased,the sum of ---------ONE THOUSAND TWO HUNDRED EIGHTY-THREE &76/100 ------
--------------------------($1,283.76)--..,------------------..,--------------DOLLARS,
as awarded to me under Decree of the Orphans'Court Division of the Court of Common
Pleas of Washington County,Pennsylvania,dated September 27,1976,at the above
number;and I do hereby authorize and empower the Register of Wills in and for said
County to enter and file this Receipt.
IN WITNESS WHEREOF,I have hereunto set my hand and seal at -------
___________,this day of _---:O~c=_:t:.:o;.:b;.:er=--,19 76
WITNESS:
"
"----~._--~~~~~~~~~~~~~~~~~I
IN TIlE COURT OF COM}10N PLEAS OF WASHINGTON COUNTY,PENNSYLVAJ.~IA
ORPa~NS'COURT DIVISION
IN RE:
ESTATE OF .
HAZELC.VANCE,a/k/a
MRS.W.D.VANCE,Deceased.
)
(
·)··(
NO.63-70-255
RECEIPT AND REFUNDING·AGREEMENT
The undersigned hereby acknowledges to have received from JUANITA ZICKEFOOSE,
Executrix of the above estate,the sum of $5,500.00 on account
of ::;1y distributive share in said estate,and I hereby agree to refund to the said
estate all or any portion thereof which may be necessary in the future to dis-
charge any liabilities of the estate and to return the same to the personal re-
presentative in the event that it is determined by the Orphans'Court for any
reason that I am not entitled to the same,
IN WITNESS WHEREOF,I have hereunto set my hand and seal this
19 7 6
--~-~~:..;.·nNtr.;ldfT'1;;an;::-:d;.,·~~.n~aY;;;e;;r~va;;,;n:;;:c:7i:e"'r")(SEAL)
I
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.'.,
IN THE COURT OF COMMON PlEAS OF WASHINGTON COUNTY,PENNSYLV ANIA
ORPHANS'COURT DIVISION
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,Deceased.
(
)
(
NO.63-70..255
R E C E I P T
KNOW ALL MEN BY THESE PRESENTS,that I,ROBIN GAYlE VANCE,
do hereby acknowledge to have received from JUANITA ZICKEFOOSE,Executrix
of the Estate of HAZEL C.VAN::E,a/k/a MRS.W.D.VANCE,
Deceased,the sum of -------..ONE THOUSAND 'IWO HUNDRED EIGHTY-THREE &75/100 -------
------..---..-.:-----------------($1,283.75)-------'-------------------------DOLLARS,
as awarded to me under Decree of the Orphans'Court Division of the Court of Common
Pleas of Washington County,Pennsylvania,dated September 27,1976,at the above
number;and I do hereby authorize and empower the Register of Wills in and for said
County to enter and file this Receipt.
IN WITNESS WHEREOF,I have hereunto set my hand and seal at -------
___________,this day of __-=O:.=;c..::t.=,ob::.;e::.:r:..-,19-...:.7..;;6 •
WITNESS:
~ii~~~-~~~·~~~;}Ov«!:::;.;;....;.~..~.::.:.._)~_(SEAL)
n;.;;;.ow~--:.Ko_·...;.~.-.;;.,·_r··~vR~Obty;J.iT'.nrY1x.p~ml~e~V:::;:;anq.c:...e-)--------(SEAL)
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II IN THE COURT OF COMMON PLEAS OFIWASHINGTONCOUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
NO.63-70-255
ESTATE OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,
Deceased.
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NOTICE TO ALL PARTIES
JAMES R.DONALDSON
ATTORNEY AT LAW
WASHINGTON TRUST BUILDING
WASHINGTON,PENNSYLVANIA
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-.IN THE COURt OF CO~1MON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION ,{
'ESTATE .OF
HAZEL C.VANCE,a/k/a
MRS.W.D.VANCE,
Deceased.
)
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(
•~..if :
NO.63..70..255
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF WASHINGTON (
AFFIDAVIT OF MAILING
-..
SS:
Personally appeared before me,the unde~signed authority,JAMES R.DONALDSON,
who,being duly sworn according to law,deposes and says that,in accordance with the
Court's Decree of June 15th,1976,a copy of the attached Notice was sent,by Certified
Mail,to ARTHUR M.WILSON,ESQ.,WRAY G.ZELT,III,ESQ.;MADELON BARKHURST,NOLAN
THAYER VANCE,ROBIN GAYU:VANCE PETTRY and JUANITA ZICKEFOOSE,as appears by Receipts
for Certified Mail attached,and that Return Receipt Cards were secured from all of
the parties,except NOLAN THAYER VANCE,which Receipts are attached hereto.
Sworn to and subscribed .
before me this 8th day
of July,1976.
,.,
,.
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IN THE 'COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
ESTATE OF )
HAZEL C.VANCE,a/k/a (·NO.63-70-255•
MRS.W.D.VANCE,)·~
Deceased.(
NOT ICE
TO ALL PARTIES IN INTEREST:
YOU ARE HEREBY NOTIFIED that the Orphans'Coutt has set FRIDAY,JULY
9th,1976,at 9:30 o'clock A.M.,E.D.S.T.,as the time to consider a request by Juanita
Zickefoose that her Second Account be considerea SECOND AND FINAL ACCOUNT,and that at
that time there will be presented to the Court a Supp1emental.Accounting and a proposed
Decree of Dtstribution.
This Notice is being sent to you by Certified Mail in order to comply
with the direction of the Court dated June 15th,1976.
June 28th,1976.
•,l
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RECEIPT FOR CERTIFIED MAIL--60¢(plus postage)
SENT TO POSTMARKArthurM.Wilson OR DATE
-~~~LawIr..,...1-,•
i25 Washington Trust Bldg.
OPTIONAL SERVICES fOR ADDITIONAL fEES
RETURN ~t.Shows to whom and date delivered --_.-en!¢With delivery to addressee only 4li
RECEIPT .2.Shows to whom,date and where delivered
SERVICES With delivery to addressee only............¢
DELIVER TO ADDRESSEE ONLy ..
SPECIAL DELIVERY (extra lee requi red).
PS Form 3800 NO INSURANCE COVERAGE PROVIDED-(See other side)
Apr.1971 NOT FOR INTERNATIONAL MAIL "GPO,18700.307.48.
SliCK POSTAGE SI'AMPS TO ARTICLE TO COVER POSTAGE (first·class or airmaill,
CElm~IEO MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front!
1.If you want this receipt postmarked,stick the gummed stub on the left porti6n~;fith~~dresssi~e of the 2rticle,leaving the receipt attached,and present the article at"'a postoffic'e'service
window or ha~d it to your rural carrier.(no extra charge)b-:"/J~;t~j,\\\
Z.If ycu do not want this receipt postmar~ed,stick the gummed stub [oi1(the left~p'ortion~of
the adnress side of the article,detach and retain the receipt,and mail ~he article.J C\~.
3.If ycu want a return receipt,write the certified-mail number and yotP'i1ame 'and'address!o~
a return receipt card,Form 3811,and 'attach it to the back of the a'rticle ,by"nieanslof:.!he
gummed ends,Endorse front of article RETURN "RECEIPT REQUESTED,~<."f,-;;-;;"'W
4,If you want t4 article delivered only to the addressee,endorse it on t~frout DEUVER TO
"'ADDRESSEE ONLY.Place the same endorsement in line 2 of the return receipi"Card if that
service is requested,.
5.S,,'Je .!i1is receipt and present it if you make inquiry.
-,
•SENDER:Complete items 1,2,and ,.
Add your address in the "RE11JRN TO"space onreverse.•
1.The following service is requested (check one).
}[]Show to whom and date delivered............15¢o Show to whom,date,&address of delivery..35¢o RESTRICTED DELIVERY.
Show to whom and date delivered........_....65¢::;
0 RESTRICTED DELIVERY.
Show to whom,date,and address of delivery 85¢
2.ARTICLE ADDRESSED TO:
Arthur M.WilsonAttorneyatLaw
~25hWas~ingt~n Tt~~6lBldg.as ~ng on,a.
3.ARTICLE DESCRIPTION:
REGISTERED NO.I CERTIFIED NO.I INSURED NO.
767289
(Always obtain signature of addressee or agent).-
I have received the article described above.r\:2J Ldd"""0 Au'h,""d ••en'
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>7lA:lq~1~RY POSTMARK
z 5.ADDRESS (Complete only if requested)C "-
(')rrr::u-4:;;6.UNABLE TO DELIVER BECAUSE:CLERK'SiiiCINITIALS
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-{(GPO:197>-0-568-047
L
UNITED STATES POSTAL SERVICE
RETURN ITO
JAMES R.DONAt:QCJII
AlTORNKY AT LAW
614 WASHINGTON TRU_T.BUlCttlM.
'J,".....UTON.PENNSYL.VANIA JS30Q
.-----.....~..
PErlXLTYF.OR PRIVA'!'E-
USE mOAVOIOOPAYMEN.~.~OF POSTlIGE,o.$3D
..............-........-"-'.'...,"rj---":'--00___u.s.MAU-
.".-,-_....-~
POSTMARKORDATE
(See other side)
11 GPO:18700.387.458
OPTIONAL SERVICES FOR AODITIONAL FEES
SENT TO
MrS.Juanita Zic
STREET AND NO.R.D.#1,Box 57
RETURN [>1.Shows to whom and date delivered ...4.I!~RECEIPT.With delivery to addressee only 6 ~.2.Shows to whom,date and where delivered ..3SERVICESWithdeliverytoaddresseeonly85
DELIVER TO ADDRESSEE ONly 50d
P.O.,STATE AND ZIP CODE
Weirton~W.Va.26062
SPECIAL DELIVERY (extra fee required)
PS Form 3800 NO INSUR4NCE COVERAGE PROVIDED-
Apr.1971 NOT FOR INTERNATIONAL MAIL
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ISTICKPOSTAGES,'AMPS TO ARTICLE TO COVER POSTAGE (first class or airmaill,
CERTifIED MAIL FEE.AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see frontl
~If you want this receipt postmarked,stick the gummed stub on the left portion'o~radd;ess
,sice of the <!rticJe,leaving tile receipt attached,and present the article at ~.post office'.serv.ice~
'\,wind~w or hand it to your rural carrier.(no extra charge)I,- ./'Je,,..,\
2.\>,ff ycu do not want this receipt postmarked,stick the gummed stub on the/left portion"of '.,..
,the,adl1ress side of the articl,e,de.tach an,d retain the receipt,and mail'the article:,J;:::;'
3.If ycu want a return receipt,write the certified-mail number and your name and address on r....I
a return receipt card,F.orm 3811,and attach it to the back of the article by means of the/,
gummed ends.End.orse frontof article RETURN RECEIPT REQUESTED..~".~."
4.If '{OU want the article delivered only to the addressee,endorse it on the front-DELIVER TO
ADDF:ESSEE ONLY.Place the same endorsement in line 2 of the return receipt carinf that
service is requested.'
'5.Sc,,,e tnis receipt and present it if you make inquiry.
POSTMARKORDATE
(See other
'tr GPO:18700.397
't
OPTIONAL SERVICES FOR AOOITIONAL FEES
RETURN t>..1.Shollls to whom and date delivered .RECEIPT.With delivery to addressee only ...2.Shows to whom,date and wllere delivered ..3SERVICESWithdeliverytoaddresseeonly8S¢'
DELIVER TO ADDRESSEE ONly SOd
STREET AND NO.
R.D.#1,Box 127
SENT TOMrS.Madelon Barkhurst
P.O.,STATE AND ZIP CODE
Bulger,Penna.15019
SPECIAL DELIVERY (extra f....required)
PS Form 3800 NO INSURANCE COVERAGE PROVIDED-Apr.1971 NOT FOR INTERNATIONAL MAil
RECEIPT FOR CERTIFIED MAIL~O¢'(plus posta~.,
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STICK POSTAGE SjAMPS TO ARTICLE TO COVER POSTAGE (first class or airmaill,
CElmflEO MAIL FEE,ANO CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see frontl
1.If you want this receipt postmarked,stick the gummed stub on the left portion of the-alJdres
side of the article,leaving tile receipt attached,and present the article at a post officeservic
window or hand it to your rural carrier.(no extra charge)
2.If ycu do not want this receipt postmarked,stick the gummed stub on the'left portion of
the adftress side of the article,detach and retain the receipt,and mail the article.-·1
(3.If ycu want a return recei'pt,'write the'certified-mail number and your name and address on
'a return receipt card,Form 3811,and attach it to the back of the article by means of the I
,gummed ends.ET)dors~front of article ~ETVRN RECEIPT REQUESTED.-~'
4:·.1f you want the article delivered only to the addressee,endorse it on the front DELIVER.TO
ADDRESSEE ONLY.Place the same endorsement in line 2 of the return receipt card Wtha
service is requested.-
5.S;'oIe this receipt and present it if you make inquiry.
~•SENDER:Complete item;1,2,and J.c:'Add your address in the "RETURN TO"space on3reverse.
"'....'"
1.The following service is requested (check one).
XJ Show to whom and date delivered_......15¢o Show to whom,date,&address of delivery..35¢o RESTRICTED DELIVERY.
Show to whom and date delivered.....65¢
o RESTRICTED DELIVERY.
Show to whom,date,and address of delivery 85¢
INSURED NO.
6.UNABLE TO DELIVER BECAUSE:
2.ARTICLE ADDRESSED TO:~Mrs.Madelon Barkhurst
i R.D.Ill,Box 127
:Bulger,Penna.15019
l!J I-~---------------------I,.,3.ARTICLE DESCRIPTION:
~REGISTERED NO.I CERTIFIED NO.
~767285lR-------..J...,-------I-(Always obtain signature of addressee or agent)!!jl---'----''------'=-----------'=---..:.._-!:l I have received the article described above.
~SIGNATURE 0 Addressee Authorized ag
*GPO:1975-0-568-047
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SENDER INSTRUCTIONS
RETURN ITO
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
Print your name,address,and ZIP Code in the space below.•Complete items 1,2,and 3 on reverse side.
•Moisten gummed ends and attach to back of arlicle.
JAMES R.DONAL"••
ATTO~NSY AT LAW'
614 WASHINGTON TIIU.T BUIDtIH.
WAroHlIHiTON.P.HNSYLYANIA J153011
SPECIAL DEliVERY (extra f....r..quir..d)
PS Fo(m 3800 NO INSURANCE COVERAGE PROVIOED-•(See other side)
Apr.1971 NOT FOR INTERNATIONAL MAIL "GPO,18700.387.488
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SENT TO
ayle Vance Pettry
STREET AND NO.
Box 35
P.O.,STATE AND ZIP CODE
East Bank.West Vir~i.niaOPTlffiLSERVICES-Foil~AOOITIONAl FEES
RETURN ~1.shliilislo whom and date delivere~.-.~X..-ls¢
RECEIPT _-.-With delivery to addressee only 6S¢
.'2.Shows to whom,date and where delivered ..3S¢
SERVICES With delivery to addressee only 8S¢
DELIVER TO ADDRESSEE ONly SOIt
,'/.....
..;41 '
STICK POSTAGE Si'AMPS TO ARTICLE TO COVER POSTAGE (first class or airmaill,
CE'RTlFlED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front)
1.If you want this receipt postmarked,stick the gummed stub on the lett portion of the addr~r
sil:!e of the article,leaving the receipt attached,and present the article at a post office servicet"
.window or hand it to ~our ru~al carrier.(no extra charge)~'
2.If ycu do not want this receipt postmarked,stick the gummed stub on the left,.portlon of ;
the ad~ress side of the article,detach and retai~the,receipt,and mail the ar~ctej~~
3.If ycu want a return receipt,write the certified-mail number and your name and:-address.o~y,
a return receipt card,Form 3811,and attach it to the back of the article by(means of·the"t'tC
'gummed ends",Endorse front of article RETURN REGEl PT REQUESTED.8 [/';';l".J .
4.If 'fOU want the article delivered only to the addressee,endorse it on the front.DELlVER~TO
,ADDRE..SSEE ONLY.•Place the same endorsement in line 2 of the return receiPt~ard"i~.t.service is requested.-/)'.~.~
5.S;;;e tnis receipt and present it if you make inquiry.Cp~~
P 2 a ~,
;::•SENDER:Complete items 1,2,and ,.I
;;'Add your address in the "RETURN TO"space on "3 reverse.
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1.The following service is requested (check one).
!Xl Show to whom and date delivered 15¢o Show to whom,date,&address of delivery..35¢o RESTRICTED DELIVERY..,
Show to whom and date delivered __.·.,.65¢o RESTRICTED DELIVERY.
Show to whom,date,and address of delivery 85¢
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6.UNABLE TO DELIVER BECAUSE:
2.ARTICLE ADDRESSED TO:~MrS.Robin Gayle Vance Pettry
i Box 35
~East Bank,West Virginia
".I~3.ARTICLE DESCRIPTION:
~REGISTERED NO.,CERTIFIED NO.I INSURED NO.a 767286 I
iii (Always obtain signature of addressee or agent)
;;l I have received the article described above.~SIGNATURE 0 Addressee i!f 'A'Uthorized agent
'.:"-
SENDER INSTRUCTIONS
Print your name,address,and ZIP Code in the space below.•Complete items 1,2,and 3 on reverse side••Moisten gummed ends and attach to back of article.
t,
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UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
RETURN ITO
JAMES R.DONAL:It.O-W
ATTORNEY AT LAw
614 WASHINGTON TltuaT.BUILDINei
WASH"'GTON.PENNSYLVANIA 1!lao11
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RECEIPT FOR CERTIFIED MAll--40¢(plus postage)!
,SENT TO .I POSTMARK ".jORDATE."Mr.Nolan Thayer Vance ,,"
STREET AND NO.•;.1
R.D.111
P.O.,STATE AND liP CODE
Bulger,Pa.15019
OPTIONAL SERV""'IC:-iE~S:"'F;;:O:-;:R:-;;-A=:OO;;:I;;T7.IO:-;:N-;-;A"'L-F;;:E'-;E:;;S----f'-
RETURN ~1.Shows to whom and date delivered ...RECEIPT With delivery to addressee only _2.Shows to whom,date and where delivered ..3SERVICeSWithdeliverytoaddresseeonly8
DELIVER TO ADDRESSEE ONLY 50
SPECIAL DELIVERY (extra fee required)
PS Form 3800 NO INSURANCE COVERAGE PROVIDED-
Apr.1971 NOT FOR INTERNATIONAL MAIL ..GPO,\8700.3a7.4ae
STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmaill,
CERTIfiED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see"t"rontl :;-0.-
1.If you want this receipt postmarked,stick the gummed stub on th~le!t porti(n"'o'!:;tie addieii:"\
side of the article,leaving the receipt attached,and present the article at a'post'office service,.
window or hand it to your rural carrier.(no extra charge)I ~5 !",.,~
2.If ycu do not.want this re~eipt postmarked,sti.ck the gun:med stub ~n\the \left:~ortTon .of 1..
:Jhe ad~ress Side of the article,detach and retain the receipt,and mall the·,artlcl~.';\:,}
3.If ycu want a'return receipt,write the certified-mail number and your natlJe 'and addreSS"()(I">-
• a return receipt card,Form 3811,and attach it to the back of the article by;'meal]s·ohthe"
gummed ends.~ndorse front of article RETURN RECEIPT REQUESTED.~~
4:·If you want the article delivered only to the addressee,endorse it on the front DELIVER ~.
'.ADDRESSEE ONLY.Place the same endorsement in line 2 of the return receipt card if that
service is requested,...'.J.....
5.S"Je this receipt and present it if you make inquiry.f·
OPTIONAL SERVICES fOR AODITIONAL fEES
SENT TO
Wray G.Zeit,III
STM::tOJOne.y a t law
23 East Beau St.
P.O.,STATE AND ZIP CODE
Washington,Pa.15301
RETURN ~1.Sho'lls to whom and date delivered X 15¢RECEiPT....With delivery to addressee only 65¢.2.Shows to whom,date and where delivered ..35¢SERVICES With delivery to addressee only 85¢
DELIVER TO ADDRESSEE ONLy 501t
RECEIPT FOR CERTIFIED MAIL~¢(plus postage
•I ••__••
SPECIAL DELIVERY (extro fee required)
PS Form 3800 NO INSURANCE COVERAGE PROVIDED-.(See other side)
Apr.1971 NOT FOR INTERNATIONAL MAIL "GPO.I8700.U7.4••
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00
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131
STICK POSTAGE SI'AMPS TO ARTICLE TO COVER POSTAGE (first class or airmaill,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front)
1.If you want this receipt postmarked,stick the gummed stub on the lett portion of the addresS
sice of the efticle,leaving the receipt attached,and present the article at a post office service
window or hand it to your rural carrier.(no extra charge)
Z.If ycu do not want this receipt postmarked,stick the gummed stub on the left portion of
.the adllress side of the article,detach and retain the receipt,and mail the article.•
3.If.·ycu want a return receipt,write the certified-mail number and your name and address on
a return receipt card,Form 3811,and attach it to the back of the article by means of the
gummed ends.Endorse front of article RET·URN RECEIPT REQUESTED.",
4.If 'fOU want the article delivered only to the addressee,endorse it on the front DELIVER TO.
ADDRESSEE ONLY.Place the same endorsement in line 2 of the return receipt card if th .
.service is requested.
5.S,,'Je this receipt and present it if you make inquiry.
•SENDER:Complete item;1,2,and 3.~,
Add your address in the "RETURN TO"space on
reverse.
1.The following service is requested (check one).
~Show to whom and date delivered............15¢,o Show to whom,date,&address'of delivery..35¢
0 RESTRICTED DELIVERY.
Show to whom and date delivered.............65¢
0 RESTRICTED DELIVERY."Show to whom,date,and address of delivery 85¢
2.ARTICLE ADDRESSED TO:
Wray G.Ze1ttaIIIAttorneyatfI
23 E.Beau St.
Wasbington ,pa.l5301
3.ARTICLE DESCRIPTION:
REGISTERED NO.I CERTIFIED NO.I INSURED NO.
767288
(Always obtain signature of addressee or agent)
I have received the article described above.
SN.,UR'I(;;;o:.::-,'"d .~..,
/DAT~~~rr7'-POSTMARK
C 5.ADDRld;s (Complete 6hly if requested)
0I'l~:;;6.UNABLE TO CLERK'Sj;;DELIVER BECAUSE:
C INITIALS
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.JAM".R.DONALDSON'
AnORNItY AT LAw
814 WASHINGTON TRUST.BUILDIN«
WAIiHIlfGTON.Pii:NNSYLYANIA 1l530lJ
\;,
UNITED STATES POSTAL SERVICE
RETURN ITO
PENALTY FOR PRIVATEUSETO.I\VOID PAYMENT~.F...~OSTAGE.$300-...-..__.'-'_..
DESCRIPI'ION
BEGINING AT AN IRON PIN,BEING THE NORTHWEST CORNER OF DAVE
BARKHURST PROPERTY AND WITH THE COURSES AS STATED ON HIS DEED
N 69°-26 t W 41.05 FEEl'TO AN IRON PIN,BEING THE TRUE PLACE OF
BffiINNING FUR THIS DESCRIPTION.THENCE USING THE COURSES FROM
THE FARM SURVEY OF THE HAZEL VANCE ESTATE DONE AUGUST OF 1970
N 760 _22 t W 280.68 FEET TO AN IRON PIN (DEED COURSE N 720-53'W
280.68 FEET),THENCE S 12°-29 t w 116.6 FEEl'TO THE CENTER OF
U.S.ROUTE 22 (DEED COURSE S 150-58t W 150 FEEl'TO THE NORTH..,
ElU~RIGHT OF WAY ON U.S.ROUTE 22).THENCE ALONG THE CENTER-
LINE OF SAID RO~N,77°-50'w 790.69 FEEl'TO A POINT ON THE WEST .'J iJ
SIDE OF A BRIDGE CULVERT,THENCE LEAVING SAID ROAD N 2So-30 t E
442.873 FEEl"TO A POINT ill THE MIDDLE OF A SMALL STREAM,THENCE
LEAVING SAID STREAM S',77°-50 t E 915.940 FEEl'TO AN IRON PIN,
THENCE S 50 -05'W 257.6~FEl!.~(DEED COURSE S 8°_34 t W)TO THE TRUE
PLACE OF BEGINNING CONTAINING 8.645 ACRES ~.
,..--
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-----~-------------.
~3-70-~SS-)
Form RCC-33
RESIDENT DECEDENT
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
COUNTY OFW.A S H I N..G T O..N .
IMPORTANT:This return must be completed in detail and filed in duplicate,with will attached,with the
Register of Wills of the County where decedent resided;Return is due within one year after
date of death,unless an extension is granted by the Secretary .of Revenue.(Section 703 of
the Inheritance and Estate Tax Act of 1961.)
_'i.N~k.~.Ic...:~~~~~y:~O!~7a~~:~~.E ~~.~.:}~:::u:v~:OF'
(State full name of decedent)
Late of .w.a.~..h.ingtop County ~~
State of P~Jlp.$Y1Y~ni..~}ss:'.
County of.w~$hingtQ.n....
JUANITJ.t Z.I.C.KEFOOSE.~.
of the estate of the above-named decedent being duly sworn,deposeS and sayS
..Eecutor
Decedent died ...F.~p';r.'!J..~:r:'(~;~'~7 ..~l!J7Q(J;;;Y)'"19iy~~i...{~~;f~~aVinga last will,copy of which is h~reto attached.}
otherNaa:etha::i:::r::~r:fse:\tao:;::;:}..Jame.s..R.Doualdsou ...
whom all correspondence should be Washington TrustBuildipg,W.~§I:1J~g1:9~,l:'.~I:lI:l~y..~y~.I:l.~.~..
mailed.
That as such .E.f.fJ~.~.y.:t.r.j,.1L deponent is familiar with the affairs of said estate and the property con-
(I';x""utor-Administrator)
Rtituting the assets thereof and their fair market value.
That at the time of death there was no safe deposit box registered in decedent's individual name.or jointly
with.or as agent or deputy of another.or in decedent's individual name.with right of access by another as agent
or deputy.with the exception of the following:-
NAME AND ADDRESS OF BANK OR OTHER INSTITUTION THIS SAFE DEPOSIT BOX RENTED RELATIONSHIP OF JOINT
IN WHICH DECEDENT RENTED A SAFE DEPOSIT BOX IN NAME OR NAMES OF HOLDERS TO DECEDENT
None
That the contents of said safe deposit box or boxes are itemized under Schedules of this
return,with the exception of the following,for the reasons hereinafter set forth:
That Schedule A attached hereto and made part hereof sets forth fullv and in detail all the
real property in the Commonwealth of Pennsylvania of which decedent died having an interest therein.It
also sets forth the mortgage encumbrances upon each parcel of real property at the date of death,giving
the amount still due at death,name of mortgagee,date,rate of interest,and book and page of record
thereof.It also sets forth in the columns provided therefore the assessed valuation of each of said
parcels,the estimated market value thereof as of date of death of decedent.
That Schedule B attached hereto and made part hereof sets forth fully and in detail all personal
property wheresover si tuated owned by the decedent at the time of death;all moneys left by the decedent
at the time of death,whether in decedent's immediate possession,standing to decedent's credit in banks
or deposit,savings banks,trust companies,or other institutions,whether individually,or in trust for
any other person or persons giving also separately the accrued interest thereon,if any,down ~~ll~h~last
interest day prior to decedent's death in the case of savings banks,and to the date of decedent's death
in all other cases;all bonds,postal savings,treasury certificates or notes and other evidence of in-
.....'-debtedness of the United States to the decedent;all obligations,whether by statutE.'or"agreement they
are designated as tax free,of the United States,or .any~stat.~,Jor~p~lti.H.falsUbdiV~Sio?t~ereOf;:or of
any.foreign country,Which are owned at -the time of death;all 'wearing apparel,jewel~y,~.:sil_v.erware,pic-
tures,books,works of art,household furniture,horses,carriages,automobiles,.boats,.an~:.any and all
other personal chattels of whatsoever kind or nature,left bydecedent,together with the~r'aitIY estimated
market value thereof;all bonds and mortgages held by decedent and of all claims due and'6~rng'~ecedent
at the time of death,and all promissory notes or other instruments in writing for thepayme~t of money
of which decedent died possessed,of whatsoever nature,With interest thereon,if any,giving the face
value and estimated fair market value thereof,and if such estimated fair market value.be less than the
face value,it sets forth briefly the reasons for such depreciation as to each item;all moneys payable
to the estate from life insurance policl'es carried by decedent;all annuity and endowment contracts the
proceeds of which were payable upon the death of the decedent;and all the corporate stocks and dividends
due thereon and unpaid as of the date of death,bonds and accrued interest thereon to the date of dece-
dent's death and other investment securities owned by the decedent at the time of death,with the market
value thereof at such time.
In the case of securities of close or family corporations,the values reported are as far as
possible substantiated by financial statements of the corporations,showing the assets and liabilities
thereof as of the date of death.The schedule also sets forth the interest of decedent at the time of
death in any co-partnership or business,and in support of the value of such interest there is annexed to
said schedule,financial statements showing the assets and liabilities of ~aid co-partnership or business.
A copy of the co-partnership agreement,(if oral,a statement setting forth the nature of the agreement)
together with a statement setting forth the character of the business,its location,and such other facts
pertaining to the business as may be pertinent to a fair and just appraisal of the decedent's interest
therein must be submitted.It should also set forth in itemized form,'together with the fair market value
thereof,any other property owned or bequeathed by the decedent at the time of death.
The Schedule C attached hereto and made part hereof sets forth a true answer to each inquiry
contained therein and in the case of transfers ofproperty,real or personal,within two years of decedent's
death,in contemplation of decedent's death,or intended to take effect in possession or enjoyment at or
after death,said schedule sets forth the nature and value of such property,to whom transferred,the
relationship of the transferees to the decedent,the proportionate share received by each transferee and
all other facts of a pertinent nature regarding said transfers.In the case of transfers intended to
take effect in possession'or enjoyment at or after death,there is also attached to the schedule a CORY
of the de~d,trust agreement or other instrument creating the trust.Ther.~is also set forth in said
schedule a list of all property,real and personal,with its value,which passes at decedent's death by
virtue of the exercise by decedent,either individually,orjointly with another,or any power of appoint-
ment vested in decedent,either individually or jointly,by the wiP,deed,or other instrument of another,
with a copy of the instrument creating such power attached to the schedule.
That Schedule D attached hereto and made part hereof sets forth the names and addresses of all
persons beneficially interested in this estate at the time of decedent's death,the nature of their res-
pective interests,their relationship,if any,to the decedent,together with the ages at the time of
decedent's death of all minors,annuitants and beneficiaries for life under decedent's Will.It also
contains a statement shOWing which of the beneficiaries named in,the decedent's will,if any,died prior
to decedent,the dates of their death,their issue,and the relationship of such issue to the beneficiary.
That Schedule E attached hereto and made a part hereof sets forth all property,real and per-
sonal,owned by the decedent jointly with another or others,including intangible,standing in the name
of the decedent and others,plus the date and place of record of instruments (;lffecting the vestiture of
real estate and the date of acquisition of personalty,plus the name,address and relationship,if any,
of co-owners to the decedent.
That Schedule F attached hereto and made a part hereof sets forth fully and in detail all debts
and deductions claimed for and on behalf of this decedent's estate,including funeral expenses paid;
family exemption,where applicable;costs of administration of this estate;counsel.fees and fudiciary's
commissions paid or to be paid;cost expended for burial trusts,tombstones or gravemarkers,and reli-
gious services,in consequence of the death of the decedent;debts and claims owing and unpaid at time of
death;taxes accrued chargeable for period prior to decedent's death (except those allowed under Section
651 of the Inheritance and Estate Tax Act);together with a statement of collateral pledged for obliga-
tions,if any.It is agreed that the fiduciary will present proof of said claimed obligations upon re-
quest,that if the amount actually paid in settlement of any fee,commission or debt is less than the
estimated amount claiming and allowed,that the same will be reported to the Register of Wills,and that
the amount of tax assessed can be reassessed in accordance therewith.
That the totals of the appropriate columns in Schedules "A","B","en,"E",and "F"as directed therein,
have been carried forward and properly registered in the Summary.
Subscribed and sworn to before me this .
................_.J?.~~....day of Q(;,.~Qpg.J.:19..1..3...
..............~~L':tI •.......~;<=..~:~
.My tommiUlon Expires Mar.26.1977
(Executor;r )
R..~..P...,..#.1,..,B.Q.~5.7.___..
(Street Number)
W.e.irt.o.n.., W Va 260.6.2 .
(City tYr Town and State)
NOTE:Before signing affidavit make sure all blank spaces in the affidavit and schedules annexed are
filled in with 'det~ils or the word "None",and in case the assets include rare and unlisted securities,
securities of close or family corporations or an interest in any co-partnership or business,that the
data and statements required under 'the paragraph above relating to Schedule "B"are attached.Also make
certain that column #1 in the "Summary"has been properly completed as above-directed.
,RCC-34'(Hj4)•
•COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
SCHEDULE "A"
REAL PROPERTY
Real property in Pennsylvania,with statement of mortgage encumbrances upon each parcel at death of dece-
dent.Where property held as joint tenant or tenancy by entireties,report on Schedule "E".Property held by
the decedent as tenant in common with another or others,should be identified as to quantum of interest and
the estimated value should be that of the decedent's interest only.
The real property located In the Commonwealth of Pennsylvania should be
described by lot and block number,street and street number,together wi th
a general description of the property,with a reference to the record of the
conveyance by which the decedent took title;If a farm state number of a.
cres;also statement of mortgage encumbrances upon each parcel at death
of decedent.Taxes,assessments,accrued Interest on mortgages,etc.,are
to be listed on Schedule "F"and must not be deducted from this schedule.
Tract of land situate in Robinson Township,
Washington County,Pennsylvania,contain-
ing 84.438 Acres,upon which is erected
(1)
ASSESSED VALUE
FOR YEAR OF
DECEDENT'S
DEATH
(2)
ESTIMATED
MARKET VALUE
(31
DEPARTMENT
VALUATION
CAUTION
(Do not write
In this space)
a 2 story frame house and barn,
Deed Book 907,page 149
Tract of land situate in Hanov.er Township,
Washington County,Pennsylvania,contain-
ing 107 Acres,12 Perches,upon which is
o.fl--"
38,000 .00 :3 3000
I
I
erected a 1 story frame building,
Deed Book 907,page 149,
Insert this total opposite "real property",Schedule "A"in the X X X X X
"As Reported"column on the last page of this return.
6,000.00
44,000.00 e50i-f 'i 00 0 :.;;--. I
f:ftJ9
.~CC-3$
COMMONWEALTH OF PENNSYLVANIA
'TRANSFER'INHERITANCE TAX
RESIDENT DECEDENT
SCHEDULE "n"
PERSONAL PROPERTY
INSTRUCTIONS:This Schedule must disclose all tangible and intangible personal property owned individually
by the decedent,at the time of his death.Property owned by the decedent jointly with another or others
must be listed under Schedule "E".Intari'gible personal property,titled in the name of the decedent,but
payable at death to another or others,including but not limited to P.O.D.U.S.Savings Bonds and tenta-
tive trust accounts,must be listed,despite the fact that they are not of the administered estate.
Tangible personal property should be listed first (e.g.jewelry,wearing apparel,household
goods,and furnishings,books,paintings,automobiles,boats,etc.)
Intangible personal property,such as bonds,treasury certificates,cash on hand and in bank,..
stocks,'mortgages,notes,together with accrued interest or dividends,salaries or wages,insurance pay-
able to the estate or fiduciary in said capacity,partnership interests,interest in anyundistributed
estate or or income from any property held in trust under the will or agreement of another,even though
located outside of the State,at the time of death,should be listed in this schedule.
---t---.-,.;...-----------------.....----.------,.---------
Item
No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
ITEM
List and describe fully
1 Refrigerator
1 Round table with 6 matching chairs
1 Deepfreeze
1 Electric Clock
1 Electric stove
1 Pin up lamp
1 Electrolux sweeper
1 Metal stool
1 Step stool
1 Metal stand
1 Porch glider (wood)
1 Maytag washer
1 Rinse tub (galvanized steel)
3 Lawn chairs
1 Step ladder
1 New broom
1 Enamel top table
2 Floor lamps
1 Green lounge chair with ottoman
1 Matching couch and chair
1 Piano bench
1 Carpet with 2 runners
1 Television with stand
3 Cushions
1 Pin up lamp
UNIT ESTIMATED
VALUE MARKET VALUE
20.00
30.00
50.00
3.00
20.00
2.00
15.00
2.0C
2.0C
2.0C
15.0C
20.0C
2.00
8.00
5.00
2.00
5.00
8.00
20.00
35.00
5.00
40.00
30.00
3.00
2.00
DEPARTMENT VALUATION
(Do not write in
this space)
2.0 d.!-
Jo O~
,50 D~
3°~
~~.0 0
2.,,,rJ
15'.0 ,
2...0'
2.()()
2.,OU
/5 ().J
DO2.a
5:()0
2..0,0
~r)35
5°,JI.-
Insert this total opposite "Personal Property",Schedule "B"in
the "As Reported"column on the last page of this return.
x X
SCHEDULE "B"-:-Continued
26.1 Carpet with 2 runners &matching stair runner 20.00
27..1 Small vanity and bench 8.,00
28.I Double bed 15.00
"'"')60~O;
8.~()
-...()I .5 Ii'"
29.1 Dresser 10.00
30.3 Carpets 27.00
31.2 Double beds 20.00
32.1 Night stand 5.00
33.1 Dresser with mirror 15.00
~4.1 Bedroom chair 5.00
/0,0 ()
~7.or)
~O.00
s:0 0
l!:'-0 0
5,00
35.1 Writing 'table 10.00
36.Kitchen miscellaneous 30.00
I 0,0 0
.3 o.oCJ
37.LFarmall cub tractor with 42"rotary mower,5'
sickle mower,12"plow 325.00
38.1 28'Extension ladder (wood)25.00
39.Miscellaneous tools 30.00
40.Cash on hand 51.00
-3;>.£0 ()
:J..$,OO
30,00
SI.OO
41.Checking Account,Bank of Weirton·4,933.66
.",.'-."-
Loan,Washington,5 OO(),00-5,000.00
$10,875.66
..,
42.Savings Account,First Federal Savings 'and
~'".
..
~
,..;'(.-l'.,
,.
L
..
)~GC-3q
COMMONWEALTH OF PENNSYLVANIA..'TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
SCHEDULE "c"
TR.-6.NSFERS
(1)Did decedent,within two years of death,mi-Lke any transfer of any mat.erial part of his estate,without
receiving a valuable and adequate consideration therefor?(~~swer yes or no)~Q
(2)Did decedent,within two years of death,transfer property from himself to himself and another or
others (including a spouse)in joint ownership?(Answer yes or no)/V"
(3)If the answer to (1)or (2)above is in the affirmative state:
(a)Age of decedent at time of transfer _
(b)State of decedent's heal th at time of making the transfer.(Note 1).
(c)Cause of decedent's death.(Note 1).
(4)Did decedent,in his lifetime,make any transfer of property without receiving a valuable or adequate
consideration therefor which was to take effect in possession or enjoyment at.or after his death?
(Answer yes or no)~o
(a)Was there any possibility that the propert.y trmlsferred might return to transferer or his
estate or be sUbject to his power of disposition?(Answer yes or no)~
(b)What was the transferee's age at time of decedent's death?-----(5)Did decedent in his lifetime make any transfer without receiving a valuable and adequate consideration
therefor under which transferor expressly or impliedly reserves for his life or any period which does
not in fact end before his death:
(a)The possession or enjoyment of or the right to income from the property transferred?
(Answer yes or no)/Yo
(b)The right to designate the persons who shal}possess or enjoy the property transferred or
income therefrom?(Answer yes or no)~~
(6)If the answer to (5)(b)above is in the affirmative,state whether the right was reserved in decedent
alone or others --;-_
(7)Did decedent in his lifetime make a transfer,the consideration for which was transferee's promise to
pay income to or for the benefit of care of transferor?(Answer yes or no)/lfo
(8)Did decedent,at any time,transfer property,the beneficial enjoyment of which was subject to change,
because of a reserved power to alter,amend,or revoke,or which could revert to decedent under terms
of transfer or by operation of law?(Answer yes or no)~D
(9)If the anSwer to (8)above is in the affirmative,was the power to alter,amend,or revoke the inter-
est of the beneficiary reserved in the decedent.alone or the decedent and others?
(Answer yes or no)__
NOTE 1:The answers to these questions should be supported.by affidavit by the attending physician as
well as a copy of the death certificate.
NOTE 2:If answer to any of the above questions is yes,set forth below a description of the property
transferred,it's fair market value at date of death,dates of transfers and to whom transferred,with
relationship of transferees to decedent,if any.Submit copy of any trust deed or instrument,if trans-
fers are claimed to be non~taxable,also submit detailed statement of facts on which said claim is based.
NOTE 3:List applicable property below in manner in which provided in Schedules A,B,or E.
ITEM DESCRIPTION
NON E
MARKET VALUE
(Estimated)
DEPT.VALUATION
(Dept.Only)
Insert this total opposite "Transfers",Schedule "C"in the
"As Reported"column on the last page of this return.
".,..~
ReG-38·
COMMONWEALTH Ov PENNSYLVANIA
TRAN~FER INHERITANCE TAX
RESIDENT DECEDENT
SCHEDULE "E"
JOINTLY OWNED PROPERTY
I NSTRFCTIOKS:This schedule must disclose all property,real and personal,owned by the decedent jointly
with another or others,including intangibles,standing in the name of the decedent and others.List
real estate first,as entireties,or joint tenants,giving brief description,as indicated under Schedule
"A",plus the date and place of record of instrument effecting vestiture,but do not include entireties
or out of state real estate value in estate valuation column.Personal.property should be listed as in
Schedule "B",plus date of acquisition,and the name,address and relationship (if any)of co-owners to
the decedent.
Description of Property,Date of Acquisition,Name I Unit
Address and Relationship of Co-Owners,and Place !Value
of Record of Instrument,where Real Estate.!
NON E
percentage
Share
Estate
Valuation
DEPARTMENT VALUATION
CAUTION-Do not Write
In This Space.
Value of Value of
Entire Decedent's
Property Interest
-----------------------------''-----'-------'--,-----i-'-------+------~Insert this total opposite "Jointly Owned Property",Schedule"E"
in the "As Reported"column on the last page of this return.
l ~__
.'.
, .Rqt;"37 h2-63)
CO'MMONWEALTH OF PENNSYYLANIA
TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
-."
SCHEDULE "D"
BENEFICIARIES
"
BENEFICIARIES AND ADDRESSES RELATIONSHIP SURVIVED(If step-children or DATE INTEREST OFStatefullnamesandaddressesofallwhoillegitimatechildrenDECEDENTOFBENEFICIARY
ave an interest,vested,contingent or other-are involved,set STATE YES IN ESTATE
wise,in estate)forth this fact.)OR NO BIRTH
Marjorie C.Weig:e1 Sister Yes Leg:atee lOaD....
66 D st.Van Buren Homes
Beaver Ppnnl=l lS0m~
Va 1 i pl=I.n Wi 1~nn ~i~tpY'VP~Leg:atee Itrn.n
Pine Run Road
Ze1ienonle Penna 16063
Ada C-Fiscus (known as leQ'atee I trrV·1O
Marg:uerite C.Fiscus)Sister Yes \'
102 North C-rawford Ave.
New C-astle Penna 16101
....~,C-m Almt VA~TeQ'atee rOQ'-
"'T,1 Aup
~li Rock ~If\Ofi.7
1i'1 P II wP~t 11111"1+VA~TeQ'atAA ..soan
'n I
..1.AVA
ButlpY'~
Portersville Cemeterv None.T.PO'~teA ·:200_"
.Iuan;ta Zi .1.":P nauO'hter .....lh p..tS,d'"Lee:atee
R n .it1 Hny S7
'llJA;Y'+nn W Vl=I ?f\Of\?
Madelon Barkhurst Daue:hter Yes Lee:atee \1,RfJld
R n #1 Box 127
BulQ'er Penna.15019
Nolan 'T'haver Vance Grandson Yes Tee:atee \11.ne1.tJ"
R n .it1
Hn10'P1"DAnn!:!1 fiOl q
Rnhin r..~v1A V~nr.A r..Y'anrlrlauQ'hter Yes TeQ'a teA \ILR~JI.ff
R..n #1 J
Bu1g:er,Penna.15019
(
h
Deponent further says that all the above-named beneficiaries are liVing at this time except below:
NAME DATE OF DEATH RESIDENCE
OF THE
ESTATE OF
~IATTER OF THE APPRAISEMENT
Will
XXlIlf:KBIfXfiU (No.
DO THE
Year ..
(Executor-Administrator
must complete "As
Reported"column #1.)
0 ~'"d ::0........~~0 Il:>..,Il:>
'"::l '"-'"'"0
(b'::l '"d~....e...,
Il:>'"0x'"d "0Il:>~r::r ..,....
Cb 0 ~"0
t'%:t ~....
'"0'+
0'+'<:Il:>0'+~
HAZEL C.VANCE,a/k/a
.MRS.W.P.VANCE,
Deceased
Late of ....Robins.onTownship.
Commonwealth of Pennsylvania
County of Washington.
enc::~~:>
::0 II o.
W en en >0<:
(")(")?"'?'"?"'(')ca >:::::------
-(,/')-(,/')'*-(,/')-(,/')-(,/')
:01 .:t-',~-
:~::0 .~~'-..;.
.,00 :'000 !:l:l:-..1 . .Cl>"'-"
.o....:J ,0'0 -,'01 :0 ,01 :0 0--
:.".".:.looot
'0')
...~'0 :0')0 ro
.0'):00')0 ..:::
~-'
'.
.........r',-"],•~J
.--:}",~t.j:~'\.~.......-.,--.~-~~~
~-\.~~...~~.
~.~/:f~~~.
-::...'j,;--.
,-'.-"--......
w'-l
-.,
,-,,-!
1 _.
r~""J:._.
'.
REPORT AND ~PPRA..JSAL~:::0 ;:j::,.;1 '..;..»rn =0 --....:'';.,U>G")c;:=t:::::)_"~:::...,....'-(.0 ........-',....",•~(f)(..)~"''''''f -:--~::-~7~;;~~S
-;;)::1 r"-c,~0-"-.Ij J-:;:
("")_..:;,~o -"--,.-..::..,•r-:.:.:-..-,r-...'-->:c-')0
-(,/')-(,/')'0-(,/')"P-"P-
.:
>'"t:l~~...,--2.:::lr.c...
..
.-..
..
~Form RCC·10 DEDUCTIONS ALLOWED IN
OF
OFFICE OF THE
REGISTER OF WILLS
WASHINGTON COUNTY
STATEMENT OF DEBTS
AND DEDUCTIONS
THE SUM OF $..
DATE
AND AGENT OF THE COMMONW5ALTH
Register of Wills,Ag.~t
HAZEL C.VANCE,a/k/a
ESTATt::OF l4R6.W.D.v-ANGE,LATE OF Robinson Township
F b 12 h 1Q70DATEOFFILINGAPPRAISEMENTDATIiOFDEATHeruaryt•
DATI!:NO.OF NAMIL OF PAYEE REMARKS AMOUNTVOUCH""
3-12-70 Russell Marino,Register Letters &3 Short Certificates 22 50
3-16-70 WashiWtton Countv ReDorts AdvertisiD2 Letters 1la.00
'i-la.-:·'10 -E 'se ..•..ofna T Q nn
2-24-71 Clerk of Courts Certified Copy 1 50
4-7-70 Death Certificates 3 00
5-7-70 Southwestern Mutual Fire Ins.Co.Fire Insurance 5 25
5-21-70 Allstate Insurance Co.Liabilitv Insurance 18 laD
8-17-70 J.S.Lawrence Farm Survey 850 00
11-30-70 SQuthwestern Mutual Fire Ins.Co.Fire Insurance 50 70
10-15-73 Russell Marino Bal·on Letters &Filing
''1\nn
10-15-73 Russell Marina,Register FililU!:Account 20 00
4-1-70 Lee Funeral Home Funeral 970 00
4-1-70 Robinson Cemeterv Association I Opening Grave 50 00
4-1-70 M.J.Packovich,K.D.Professional Services 61 60
5-7-70 Weirton General Hospital Bill 6 78
7-28-70 J.M Garvey,M.D.Professional Services 7 00
5-7-70 Pvrofax Gas Bill 174 07
7-28-70 Malcolm Morgan Hanover Twp.1970 County Tax 27 10
7-28-10 Malcolm Mor2an Robinson Two.1970 Countv Tax 32 66 I
8-24-70 Bess McCarty.:;Robinson Twp.1970 Road Tax 22 92 I
A_?la.-70 Marv Call Hanover Two.1970 Sl!.boe1 Tax hQ AA
8-26-70 Marv Call Hanover Two.1976 Road Tax 16 6t..
~:9~29 70 Bess McCartv Robinson Two.1970 School Tax 108 'i6
9-29-70 Southwestern Mutual Ins.Co.Fire Insurance Assessment lQ nc:;
11-23-70 Weirton Lumber Co.Roofing Bill 18 24
I
Carr'd.Forld.2,588 85
COMMONWEALTH OF PENNSYLVANIA
I,--~------------'-';~----_~-~--~_HEREBYCERTIFY,THAT.TO
D BELIEF,THI!:FOREGOING IS A JU
ADMINISTRATION SU ITTED TO THE ESTATE OF ~---------~~-
INHERITANCE TAX PUR 8£8.
------~,...--'8 __
"tFormRC C·lO
'OFFI~E OF THE
REGISTER OF WILLS
OF COUNTY
AND AGENT OF THE COMMONWEALTH
STATEMENT OF DEBTS
AND DEDUCTIONS
DEDUCTIONS ALLOWED IN ,
THE SUM OF ..•.........$ .
DATE APPROVED .•...•.•...
Regilter of Wills.Agent
ESTATE OF LATE OF _
DATE OF FILING APPRAISEMENT DATE OF DEATH _
DATE NO.OF NAME OF PAYEE REMARKS AMOUNTVOUCH""
Braught Forld.oS ,)'iRR RI}
4-6-71 Southwestern Mutual Ins.Co.Fire Insurance Assessment 5 25-
6-7-71 Mary Call Hanover Twp.1971 Road Tax f18 641
I
6-7-71 Bess McCarty Robinson Twp.1971 Road Tax 22 92
6-7-71 Malcolm Marean Hanover 'l'wD.1971 County Tax 27 10
6-7-71 Malcalm Morgan Robinson Twp.1971 Sounty Tax 32 66
8-8-n Mary Call Hanover Twp.1971 School Tax 69 90
,
Q-fi-71 Bess McCarty Robinson Twp.1971 School Tax 11"18 I
I
5-4-72 Marv Call Hanover Twp.1972 Road lax 18 64
J.':J U.Gaunty 'Lax 9-5-4-72 Malcolm Morgan Hanover &Rabinsan TwPs....'iq 7Ft
6-8-72 Bess McCarty Robinson 'lWP.1972 Road Tax lL 22 46r8-15-72 Bess McCartv Robinson Twp.1972 School Tax ;-114 17
J"
8-15-72 Marv Call Hanover Twp.1972 School Tax l~69 89
3-9-73 ,Marv Call Hanover Twp.1973 Road Tax 18 64
Ft-l~-".B~ss McCart:v RobinsQIl 'l'wD.1973 bad Tax 21 IJ.6
6-13-Malcolm Morgan 1973 County Tax
'iq 7Ft73Han0Ver&Ro~inson TwDs.
l0-l3~73 Bess McCarty Rohinson 'lWP.1973 SchQol Tax 123 54
10-13-73 Mary Call Hanover Twp.1973 Schoal Tax 62 13
11-30-70 Southwestern Mutual Ins.Co.Fire Insurance Assessment 50 79
12-8-71 Southwestern Mutual Ins.CQ.Fire Insuraace Assessment 34 10
12-4-72 Southwestera Mutual Ins.Co.Fire Insurance Assessment 34 10 -
4-4-72 Southwestern Mutual Ins.Co.Fire Insurance Assessment 18 90
4-I}73 Sauthwestern Mutual las.Ca.Fire Insuran~e A q ':\0
10-5-70 Davis Oil Co.Heating Oil 80 58
3-8-71 Davis Oil Co.Heating OWl 56 93
Carrld.For'd.$3,735 56
COMMONWEALTH OF PENNSYLVANIA }
COUNTY OF ........se:."I,".HEREBY CERTIFY,THAT.THE BEaT OF
hlY KNOWLED AND BELIEF,THE FOREGOING ISA J~ND TRU E STATEMENT OF D~.FUNERAL EXPENSES AND PENSD 0.-
Al;lMINISTRATION BMlnED TO THE EST"TE OF .0EeliA.ao.A.OEDU IONS FOR
INHERITANCE TAX P 08£..~""\.
SWORN AND SUBSCRIBE EFORE ME THIS
DAY or"""'.~.(il,-,l
'e __\\'""-'--\
--
r ,
Form RCC·IO DEDUCTIONS ALLOWED IN '.
·OFFII=,E OF THE
REGISTER OF WILLS
OF COUNTY
STATEMENT OF DEBTS
AND DEDUCTIONS
THE SUM OF $..
DATE APPROVED ....
AND AGENT OF THE COMMONWEALTH
Register of Wills,Age~t
ESTATE OF LATE OF _
DATE OF FILING APPRAISEMENT DATIi OF DEATH _
DATE NO.OF NAMS:OF PAVEE REMARKS AMOUNT
VOUCH""
BrQught For'd.$3,735 56
10-29.71 D.G-.eLa 011 Co.Heatiag Oil 84 91
4-5-72 Tri State Oil Co..Heating Oil 61 48
10-29·72 Tri State Oil Co.Heating ail 79 16
....~7'.:1 T.ool Cil.........Di1 CA.Keatinll Oil 68 30.,......
lQ-':l,71 Tri State ail Co.Keating Oil 84 91
West Penn Power Co.Electric-Oct.,Nov.,Dec.1970 14 34
West Penn Power Co.Electric-Jan.through Dec.,1971 93 73
West Penn Power Co.Electric-Jan.through Dec.,1972 80 74
West Penn Power Co.Electric-Jan.through Sept.,197 58 05
1-8-71 Kaufman Hardware Roof Patch 8 14
4-14-72 Reeseman Tractor Supply Mower Parts 14 98
5-10-72 Reeseman Tractor Supply .Mower Parts 17 40
10-13-72 Z.&L.Lumber Co.Roofing 63 42
12-14-73 Southwest Mutual Ins.Co.Fire Insurance 34 10
2-25-74 G.H.Fetherl1ne Appraisal of Real Estate 100 00
I.Q 7/.,..Mnfo.~§1 Insurance Co.Fire Insurance 9 30
'l_fl..7lJ.Russell Marl nQ.Clerk Filing Petition 8 00
2-22·74 Russell Marino,Register 1 Short Certificate 1 00
5-17'74 Rusell Marino,Register Filing Petition 10 90
5-':l.7lJ.Russell Marino.Re2ister Fil1ngq 2 00 -
6-19-74 Russell Marino,Register Decree 2 50
Edith L.Dague NQtary 2 00
Bar AssociatiQn Xerox Copies 13 20
Postage 5 55
carr'd.For'd.S4.i51 39
COMMONWEALTH OF PENNSYLVANIA }s.:cOUNTY'\F
I,HEREBV CERTIFY.THA •
MY KNOWL.I!:OG AND BEL.IEF,THI!:FOREGOIN~ST AND TRU E STATEMENT~EBTS'o THE BEaT OF
FUNERAL EXPENSES AND PENsa OF
ADMINISTRATION UBMITTED TO THE EST"TE OF -EC£A8ED,AS DEOU 10Nli FOR
INHERITANCE TAX URP08ES.~L.5.l
SWORN AND SUBSC EO BEFORE ME THIS OA 01"~'\.
18 __
~"'"
~~-..
Form RC C-IO
·OFFI~E OF TI'tE
REGISTER OF WILLS
OF COUNTY
AND AGENT OF THE COMMONWEALTH
STATEMENT OF DEBTS
AND DEDUCTIONS
DEDUCTIONS ALLOWED IN..'•
THE SUM OF $lfl/'S:~~1
DATE APPROVED 7..=q.~.Z.?..
ESTATE OF LATE OF _
DATE OF FII.ING APPRAISEMENT DATE OF DEATH -_
DATI!NO.OF
VOUCH""
NAMS:OF PAYEE
Juanita Zickefoose
James R.Donaldson
Russell Marino.Reaister
A"Ai,..,.
fJ-r"v G.Zelt:
REMARKS
Brought Forld.
Executrix's Commission
Attorney's Fee
Filing Account
.1 Fees
AMOUNT
$4.651 39
3.148 55
3.200 00
19 ,00
52 109
500 GO
"-
/'l.nOA 100'\
I.....--/
-10 7/~4jCj
(
T G TAL ---------------
40 -
~94
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
I,James B.DOIIaldson HERESY CERTIFY.THAT.TO THE BEaT OF
....Y KNOWLEDGE AND SELIEF,THE FOREGOING ISA JUST AND TRU E srATEMENT OF DEBTS.FUNERAL EXPENSES AND EXPENSES 0.-
ADMINISTRATION SUBMlnED TO THE EST"TE OF HAZEL C.VANCE,a/k/a MRS.W.D.V~.D.AS DEDUCTIONli FOR
INHERITANCE TAX PURPOSES.()../'T A ~
_~.....-k/l d/r'~~(1.,5.)
SWORN AND SUBSCRIBED BEFORE ME THIS lGth DAY Of'../~ttorneyVfor the Estate of
"'i~~_....:l1L-~el C.Vallce,a/k/a Mrs.W.D.Vance,Dec'd.
EDITH L DAGUE ~WashIngton,Washi';gto~laCory PublicMyComm'.unty,Pa.1S$!On ~lrAs Mar.26~197'
DEDUCTIONS ALLOWED IN
JS4/~~
THE SUM OF $.
DATE APPROVED .
T 0
a
ADDENDUM
STATEMENT OF DEBTS
AND DEDUCTIONS
,.
•OFFICE OF THE
REGISTER OF WILLS
ESTATE OF --"_LL......u.........L.L.....JUi:_~LATE OF _..JR~Q.ubLOil.ln.1isuQ.unJ......Tt.lQawl/Jn.1is;uhJ..liI4P~_
AND AGENT OF THE COMMONWEALTH
OF _....:W~AS=HI=N.::G::.:T~O~N=--__COUNTY
Form'RC C·10"
DATE OF FIl.ING APPRAISEMENT DATE OF DEATH February 12th,1970
-
DATE NO.OF NAME OF PAYEE REMARKS AMOUNTVOUCMIOII
3-16-74 Tri-State Oil Heating Oil 73 20
West Penn Power Co.Power Bills from 12-14-73 through6-13-74 51 53
2-8 75 Advertising Auction Sale 97 47
7-R.7')Auctioneer 349 53
5-27-76 State Transfer Stamps 380 00
5-27-76 Local Transfer Stamps 380 00
Wray G.Zelt,III Equity Case 887 50
Carole N.Beck Depositions 82 30
James R.Donaldson Additional Fee 500 00
Postmaster Postage 8 82
Rdirh T.Notary 4 25
Wash.Co.Reports Xerox Cooies 17 .QO
Russell Marion.Register Filing Petition 5 00
Harvev Stuart.Register Filing Petition &Citations 13 00
Bank Service Charge 1 R4
E H Hookins Surveving 160 00
12-7 74 Southwestem Mutual Fire Ins.Premium 34 00
12-11-75 Southwestern Mutual Fire Ins.Premium 41 70
Power Bills from 7-15-74 throughWestPennPowerCo.4-19-76 111 32
I
John Lawrence Surveying 250 00 ,
I
Affidavits 2 00 IEdithL.Dague -
h J~/#'~~~./'d1jA~AA.AL oA'":~~:..PJd ...<.onft'Jv{jiA .....~
J //II /J (J ,
TOT A L ------------$3,~6 36
COMMONWEALTH OF PENNSYLVANIA }
COUNTY OF WASHINGTON S8:
I,JUANITA ZICKEFOOSE.
;~/\
ED!TH L.DAGUE,!'votary PublicWashmgt~n,.Washington County,Pa.
My Commission &9ires Mar.26,1971
,,
RCC-51 (6-71)
,,
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
HARRISBURG
17127
NOTICE OF FILING OF APPRAISEMENT
JUANITA ZIKEFOOSE
{Executor or Administrator}
IN YOUR REPLY PLEASE
REFER TO
Inheritance Tax Division
)
In Re:Estate of __H_AZEL__C_._VAN_C_E_a_l_k..:..../_a_MR_S_•._·\\_l.-----'.D_._
___W_A_SH_I_N_G_TO_N__County -Fi Ie No._6_3-_7_0_.._2_55 _
Dear MADAM:
You are he reby noti fi ed that the_~:_:_:_:O=R=I:-G-=I_N_AL___:_::=:___~_,__:__=_=~--=--_
appraisement in the estate of HAZEL C.VANCE,a/k/a MRS.V.I.D.
has been filed in the office of the Register of Wills of__W--=-A.:...:S..:....H_I.--N_G'I.::...'O.::...N_._
County on OCTOBER 18,,19 73,Said appraisement reflects the following
valuations:
Rea I Estate__-----:44..:.....:....,0....,..,0_0_.---,0,....,.0 _
Persona I Property--=l..:....0L,8::..;7~5:.....:.:.....:6..:....6 _
Transfers _
Jointly Owned _~~~~~-------Total 5_4_,_8_75_._6_6 _
As to such tax that is paid within three months from date of death,a five {5%}
percent discount is allowable.As to any tax that remains unpaid after nine {9}months
{fifteen months when death occurred from December 22,1965 to June 16,1971,inclusive;
and twelve months when death occurred prior to December 22,1965}from date of death,
interest at the rate of six (6%)percent per annum is charged.
Any party in interest who is aggrieved by an appraisement may appeal therefrom
as provided by law.
Date OCTOBER 18,1973 Signed~lQ.~
Title c:2j:.~.//
DATE OF DEATH:FEBRUARY 12,1970
Note:This is not a bill.
,,
RCC-39 (5-68)
..'::'
COMMONWEALTH OF PENNSYLVANIA
TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
SUMMt\RY
Estate of VANCE,.HAZEL C.a/k/aMRS.W.D•.'
(Last Name)(First Name)(I~itial)
DATE 0 F DEATH 2-12-70 FILE NO.63-70:255>
REPORT OF INHERITANCE TAX APPRAISER
I,the undersigned duly appointe~Inheritance Tax Appraise"in and for the County of__W_A_S_H_IN_G_T_O_N _
Pennsylvania,do respectfully report that I have appr~ised the real and personal property as reported in the foregoing return at
the values set forth opposite each item in the last cQlumn tQ the right in Schedules "A","a","C",and "E".
Dated:OCTOBER 18,1973 Bominic R.DeMaria ~
INHERI.T.ANCE TAX APPRAISER
REPORT OF THEREQISTER OF WILLS
I,the undersigned dulY,elected Register of Wills in and for WASHINGTON '.'County,Pennsylvania,do respect-
fully report that I have allowed deductions in the amounts claimed by deponent,except as to those items where a greater or
lesser amount is set forth in the Illst column to the right in Schedule "F",which greater or lesser amount represents the sum
allowed as a deduction.
Dated:-..
INVENTORY
Real Property (Schedule A)
Personal Property (Schedule B)
Transfers (Schedule C)
Joint-Held Property (Schedule E)
TOTAL GROSS ASSETS
Less Debts and Deductions
(SCHEDULE F)
CLEAR VALUE OF ESTATE
VALUE AS REPORTED
$----------+-.....--10 8
54,875.
none'
54,875.66
VALUE AS REAPPRAISED
$-------+---
Valuation of life estates or
annuities ..............•.•..
ESTATE TAX ASSESSMENTS
:=====':t=C,_V_."_4_0_1._1--1~§
<:~~,,..~
&'S.go
1b6 7.:.3/-J..53J.11
De43TS"n~clc..CiT I ft\oS
o fh'?10.15:-'.L¥j
.suppL ~t Lf'.,3'-
l't~ooi~,
(*)As evidenced by Charitable
Exemption Certificates issued
by the Secretary of Revenue.
COMPUTATION OF TAX
$----__,....,...,...,.....-4........_
$-_.....!il:..!.-=-::!i4-L...L,.-$------.......-----4,..-.,.-
$--..,..;-~~¥..f.~~
$-------.,.;..---4----
::':::::::::t=='=
F REGISTER ONLY ADJUSTMENTS
e subsequent adjustments are made to the above computation of tax by the Register of Wills,for proper reason,
should be noted below,with short explanation.
Less tax previously paid
BALANCE
Less 5%of tax if paid within
3 months after death
TOTAL TAX
FOR USE OF REGISTER ONLY
Tax on'$----:::::""T""-::-"""':"""'""......-hr-....-~
Tax on $~~-A-4-II--.-j.D.,-i_,C6V
Tax on $5%
Tax on $10%'
Taxon $~,
Exemptions===;;:::;::;:::::;::::;;::::r=f:;oj::::;::;=
Total Estate --.::rV-.l.-I-=I=-4-,Q,.f-
BALANCE OF INHERITANCE TAX DUE $""-:-~'--~--Jk",'.,Add interest at rate of 6%from L_____to '$
~AMOUNT OF ESTATE TAX ASSESSED$-~L.
Estate tax paid $----lL--I,',
BALANCE DUE $..,...;,-,'--~...-----l~
d interest at rate of 6%from
\\to TOTAL TAX BALANCE:-=--=--=----:..~--------~~·~.
PAID $_--.-.-____,.--.-JC
\
Will
Administration !No.
IN THE
Year .
MATTER OF THE APPRAISEMENT
OF THE
ESTATE OF
HAZEL C."VANCE a/k/a
.'rnrs~w~a~"Deceased
'~f.-
Late of .
County of
ROBINSON ''IWP.
WASHINGTON
,.,,.',".';.~
,,,I
).-.
..
Commonwealth of Pennsylvania
REPORT AND APPRAISAL
..
.:.,;
"
....~.,y,
'.~I
.,
<
).
•l ~~VlJ~!"\~I.~-':2
\I
DEPAPwTlI:U;'I':T OF REVENUE
BUREAU OF COU~TY COLLECTIONS
HARRISBURG,PENNA.17127
COMMONWEALTH OF PENNSYLVANIA
RESIDENT INHERITANCE TAX
APPRAISEMENT
COUNTY ~~~.~~.~~~9..~......................
FILE NO..§?:.7.9.:-??.?...............................
HAZEL C.VANCE a/k/a MRS.W.D.ROBINSON TWP.Whereas,late of ..
in the County of _WASH..r.NGT.Q~:.:Commonweqlth of Pennsylvania,having died on
the )?~P.:day of ~.~~~.y.~!.19 :7~:,seized and possessed of an estate
subject to Inheritance Tax under the laws of the Commonwealth of Pennsylvania;
Therefore,I,P.9.~.~~.!~~.~p..~~~!..~,an appraiser duly appointed according to law,
having been designated to make a fair and conscionable appraisement of the said estate,and to assess and fix
the cash value of all annuities and life estates growing out of said estate,hereby file the following appraisement:
In the event that any future interest in this estate is transferred in possession or enjoyment to collateral heirs of the decedent after
the expiration of any estate for life or for years,the Commonwealth hereby expressly reserves the right to appraise and assess transfer
inheritance taxes at the lawful collateral rate on any such future interest.
Description of Asset
REALTY
SEE SCHEDULE "A"OF APPRAISEMENT
Unit
Values
$
Appraisement
Made for InheritanceTaxPurpoles
44,OOO~00
------------------------------------;------tt------t---.--
PERSONAL.
SEE SCHEDUIE "Bill OF APPRAISEIvlENT
TOTAL
10.875.66
54,875.66
-------------:.-----------'--------"'----------+----ff-----+---I
I
1---------+----.--1----
I--------------------------------------t-----tt-----+---
I
WASHINGTON County
,.,
RESIDENT INHERITANCE TAX APPRAISEMENT
Estate of
HAZEL C.VANCE a/k/a MRS.W.D.
Deceased.
Late of
ROBINSON TWP.
~ate a;L,~:::J~~;~;~.~~;Y.M~l,?.J.97.o .
ppr ,.
Page,..£.--!=?..........No..63.~,~~:7O'~25.51..
Filed in Register's Office,gg~.~J..:.~.~J9 7.?.
Am.aunt of tax due,$..
DEPARTMENT OF REVENUE
Received,
Examined and Approved,.
Wrote abo,11t Appraisement,
Appeal j1'om Appraisement,.
Entered and charged,..
F'\l_E D,
974 FEB Z~:Ml \0 32'
RUS.~:,ELL '~AP.tNO
.REGIS1T H Of WILLS
W,A SHI N(;~('NCO .•PA•.
-
..~
...
,.
...
------"1"---
RECEIVED _-!O)JNKm....:TfllH[(OtllnlSSJA~NDND:....-.1DHQ)JIt.:1LJ.A·ER:fSl'..!,,"!!'!!!!'~~'~o~..~.~_=~I~.:!'~.~.-~~..~"",~",!!,.~"~.~"'~1~.~~..~.~.~~:!!'.~I~~.~.=':!!"'~'.~O~'~·,~~,~.~...~-~dollars
Juanita Zickefoose Exr.representing Pennsylvania Inheritance or
Estate Tax due from the following estate:From:-A!.~r..t-----4W!EfLl1t-.nc!NA.tDOOL---------r----~=~~'::::"'::=':"'::':':"':==:"::"'==:""------i
2%Tax on $_$,---------.G:I
6%Tax on $on Account $,uB6w,5.u·.""8I.WO!....-_·n
File No.63-70-255 Date of Death,_.z-~:.llf4U---j 15%Tax on $,_$--------'.
$--------IJ.II
Date of Payment __--ll8'leJl!Ib8!~~----.:~D----~
Name of Decedent -I:1&~I.t.....i.U.....J~~I:L ---I
%Tax on $$----------.111
Estate Tax,Act of
May 7,1927
$--------1EI1
$1----llI.,,;J3~lt.....2!)g",L--_1!II
$==J=t.It!.!OOO~.~OQ!!:!:==~
TOTAL TAX CREDIT
Less five percentum of tax if
paid within three months after
date of death
Plus interest at the rate of
; I -6----%from ;-12-11
'to date
,,
~,I,
,";~.If rn ~[p ~~@i~:lf-[~:"'~S E A ~II ,TOTAL AMO,~t41.P,,~
NOTE:This Triplicate Receipt to b~rj.:,~~udit purp~ses..~,/i ".:(_,)/}f/'--I''''
'.,:,'• •,Received bY"~(aJu...t.'\.,,()
NOTE:In accepting the transfer inheritance iaxon !uture esiatE!~"prior to the death of the!(~e /'\],!Signatur J'~
tenant or tenant for years,as evidenced by this re;eipt,it Is undecstood that the Commonwealth &hall--",_<,'¥-r:-;..I /1
not be precluded or prevented from hereafter assessing additional inheritance tax at the deoth of the,.~J ~Jj J...l:J·.JUl-/(5)..7 (j A.J(_
life tenant or tenant for years whenever it appears that such additional tax may be legally due and .-,...\(Title)",,0'
collectiblefor any reoson whatsoever,.j
Remarks:
County ~riASHn~~L ~
I'
$319.41 I==:==============I,!i
2%Tax on $$
6%Tax on $36,214.81 $2,176.49
15%Tax on $4,000.00 $600.00
%Tax on $$
Estate Tax,Act of
May 7,1927 $
f'.'~1'
/'
--I
114:
TOTAL TAX CREDIT $==2~....-7~7"'-.-6~.~4:9:~~~:-1~[
Less five percentum of tax ifPrev.N.a.5~~.1l11
,paid within three months after8alance 243.38 i
\Jate of death $I
Plus interest at the rate of I;~.,J%hom1)a:;u..71 $__~7;:.6~.O.::.'~9 ,i
<~'•t "r
47/100..-••--·----··----..•..-··""'..·~ollarsrepresentingPennsylvaniaInheritanceor
Estate Tax due from the following estate:
l>.,';'
"~~:~"~:
"'
}
•.:l ~,
'"
)
Remarks:
\,,
r~-;-il:~...~;;;~~~;;:;~~~~~~~Pi!f;~~!!!!~~~~~~~;=;~!i~ii ~CS-4J.6-Y~}
l!ii ~Q.:if 14435 OFFICIALRECEIPT ••PE"INSYI
iW========================:=====================================~~:!:::::::
i=:RECEIVED fHRBI HIJNQRBD NINB'IBBN and
'l'"~liIIi Juanita licke~oo.e ..Ixcr.
~F<om!~:Address6Jl'...jfjlWWllt~UrnIl1UIUJWWII-~
~I~i
IiiFile No,63.'0.255 Date of Death
I
Ji
!:
i Date of Payment ...JI~iQ~GlJ_......JZJI!iI!:--------!
Name of Decedent IIl1AlLILLfim~L ----1
'.;,.....:........Received by
NOTE:In accepting the transfer inheritance tax on~futu're'estates,prior to the death of the life
tenant or tenont for years,as evidenced by this receipt,it is understood that the Commonweolth shall
not be precluded or prevented from hereafter assessing additionol inheritance tax at the death of the_+J...!~f4!LCt-d\..t~~~':....J.~~~~~¢::::=~~!lnl
life tenant or tenant for years whenever it appears that such additional tax may be legally due and j
collectible for any reason whatsoever,~
II---__--.-......_-~---~.~--_~
-"F~rm RCP'lO--.DEDUCTIONS ALLOWED IN
OFFICE OF THE
REGISTER OF WILLS
OFWAG9!NS1OJ COUNTY
AND AGENT OF THE COMMONWEALTH
STATEMENT OF DEBTS
AND DEDUCTIONS
THE SUM OF $ .
DATE APPROVED .
Register of Wills,Agent
LATE OF lo"1Yal'oale;W"
DATE OF FILING APPRAISEMENT DAT5 OF DEATH ~rua~lat&..10'0
DATE NO.OF
VOUCHClt NAME OF PAYEE REMARKS AMOUNT
...-"'-
.~n no
"#.I\ft
~
h nn
t sn
't.M
'Ii ~q
.
.-,,t>A 1.1\
A««\M
Itt)'1ft
•.
I.
-..'...........,.
.
-"...,.
-
IA'"'
910 00
I .50 00
/'
..J..Packoricl1.&D.
6 78
7 00
BIll 114 01
27 10
..........
108 sa
18 2~
COMMONWEALTH OF PENNSYLVANIA }
COUNTY 0"".....88:"\.
I,\"\."HEREBY CERTIFY,~AT.TO THE BE.T OF
MY KNOWLEDGE A D BELIEF,THE FOREGO'~G.IS A JUST AND TRUE srATEME~OF DEBTS,FUNERAL EXPENSES"'ND EXPENSES OF
ADMINISTRATION S MITTED TO THE EST"TE F"\.DECEASED,A~EDUCTIONSIFOR
INHERITANCE TAX PU POSES...'\.\
._(L.S.)
_S_W_O_RN_AN_D_SU_B_SC_R_IB_~Il~E_FO_R_E_M_E_THII:__DAY 01'~~.,.~
ForfT'~RC C·10....,
~
OFFICE OF THE
REGISTER OF WILLS
OF _____COUNTY
STATEMENT OF DEBTS
AND DEDUCTIONS
DEDUCTIONS ALLOWED IN
THE SUM OF $.
DATE APPROVED ••......
l
AND AGENT OF THE COMMONWEALTH
Register of Wills.Age"1
ESTATE OF LATE OF _
DATE OF FILING APPRAISEMENT DATIl OF DEATH ---_--:--------
DATE NO.OF
VOUCH""NAMS:OF PAYEE REMARKS AMOUNT
.....
..21 10
114 18
1&64
Aa't.4.,,,
3.§.13
A.t"l..,q
&_..;0.••s....-.......--.u.""Uft.l 4I'ftft:'eo•.u_~_~1'4lIoJ..-..•t_".
69 0'
18.64
113 '4
6213
so 10
34'10
1&90
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF -T---------
I,~---------=~----~-----HERESY CERTIFY,THAT.TO HE BEaT OF
MY KNOWLEDGE AND LIEF.THE FOREGOING /8A JUS AND TRU E STATEMENT OF BT8.FUNERAL EXPENSES AND EX Nlla 01"
ADMINISTRATION SUBMI 0 TO THE ESTATE OF --......:loo.--------)",--__DECU••C.All DEDUCTI Ni FOR
INHERITANCE TAX PURP08 .
-----~_11_
•i
'Form·flC C·10,DEDUCTIONS ALLOWED IN 1
OFFICE OF THE
REGISTER OF WILLS
OF COUNTY
AND AGENT O~THE COMMONWEALTH
STATEMENT OF DEBTS
AND DEDUCTIONS
THE SUM OF $
DATE APPROVED ••......
Register of Will..Age"t
ESTATE OF LATE OF _
cATE OF FILING APPRAISEMENT DATIi OF DEATH _
DATE NO.·OF
VOUCH""
NAMli:OF PAYEE REMARKS AMOUNT
61 48
79 16
.........
19.'il!"~84 91
sa 05
8 14
17 40
34 10
1000
2 00
a so
a Of)
U lO
,5S
COMMONWEALTH OF PENNSYLVANIA }
___s.:
COUNTY OF_~
____DAySWORNANDSUBSCRIBEDItE
-----~--18 __
I,------:\-----------ao..~---~-~"lr----H£REBYCERTIFY,THAT.:rO THE BEaT OF
MY KNOWLEDGE AND LIEF.THE FOREGOING IS A JUST DEBTS.FUNERAL EXPENSES AND
ADMINISTRATION SUBMI ED TO THE ESTATE OF -----T-------~.------D
INHERITANCE TAX PURPOS ,
'Fdr")'RC C·10.,
OFFICE OF THE
REGISTER OF WIllS
OF .COUNTY
AND AGENT OF THE COMMONW5AlTH
STATEMENT OF DEBTS
AND DEDUCTIONS
DEDUCTIONS ALLOWED IN •.'•
THE SUM OF $.
DATE APPROVED •....•.•
Register of Will.,Agut
ESTATE OF L.ATE OF ....:..._
DATE OF FIL.ING APPRAISEMENT DATE OF DEATH _
DATI!:NO.OF NAM:;:OF P~YEE REMARKS AMOUNT
.VOUCH""
.'fttd...~Il.ACt.~~
I...'"-.......•....t a ..."-.,.1,M.t l.sS
'.
I..ft _..~.k .1 11 Ina .~iM
.,
"..,......:_.._.............1".tI.....'to 1M---Ilt.........~Cl."1M,
:l......_i!;:61....'.*"..........~.1M.."~I~.....ll.tt........,._...:...'l ...
'--.v
,,
~j ((}.~~Lf2IA ·/357/I~O',~
:z 8'7~I~,
,-
1071t/1~4
t
~~<?D
>-
/eYfl tiC;10 '7£;q ,
,
...-
-,,
"...-
,.
rOfA L ;jI;..""...............!II!!.......$1$;.'10 !lJ4.-....,(........
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF t=1Mam.
I,~L ~U~_HEREBY CERTIFY.THAT.TO THE BEeT OF
...V kNOWLEDGE AND BELIEF,THE FOREGOING ISA JUST AND TRU E srATEMENT OF DEBTS,FUNERAL.EXPENSES AND EXPENsa OF
ADMINISTRATION SUBMITTED TO THE ESTATE OF IfAlBLC.VANCS c/l.t./&.,lIaS.tf.D.V~'ED.AS DEDUCTIONS FOR
INHERITANCE TAX PURPOSES.
EDITH L.DAGU-Washington Wash~'t{\jOldlY PUD/le
My Commjs$ion ~jr~nMcounty.Pa.ar.26.1977
DATE APPROVED
Form RCC·lO,-
OFFICE OF THE
REGISTER OF WILLS
OF WAStUtIG10H COUNTY
AND AGENT OF THE COMMONWEALTH
AUDIIDU"TO
STATEMENT OF DEBTS
AND DEDUCTIONS
DEDUCTIONS ALLOWED IN
THE SUM OF $2f~~H"
........?~f~?f·...
Register of Wills,Agent te--
L....TE OF PiOblRDOQ 'tNllbl.p
DATE OF FILING APPRAISEMENT D...T5 OF DEATH Ia1'm.Itu:)'l:2dl,\9'0
DATE
I t-8-75
,...A....,
5.17.'6
§..","!16
NO.OF
VOUCH""NAME OF P...YEE
tel'
REM...RKS
t 0 I A L .~~•••••••••
AMOUNT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
I,
WASlWIJ101
tJl1AIflTA
S8:
EDITH L.DAGUEWashingtonWash"i'lotary PUblic
My Commiss'ion £y I~gton County,Pa.lines Mar.26,1977
{J,".
co;.....'-
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CAR~~"BECK"'S"-":-_-.,--.•...~'_.,_.
•,tenographer-Notary Public
Arthur M.Wilson,'Esqu~r.~,'
representing the pla intitffs.;>.,;
********
Defendant.
DEPOSITION OF DAVID L.BARKHURST
j'"•,.,•,:
~i .,
\
C"(
'J;aken on FRIDAY,SEPTEMBER 1~,1974,at 11:10 o"C;;¥o;c'lt
I:;',,.'~.M.~;,at the Law Offices of Greenlee,Ric,hntan,,D~'~l;~~O
~Pos'a,325 Washington Trust Building,Wasbingt()n',.".
,~',~PennsY..lvania,at the ins tance of the defendant.herein,
Qefore CAROLE N.BECK,Stenographer-Notary Public.
Wray G.Ze1t,III,Esquire,'-,':
and James R.Donaldson,'Esquire,
representing the defend~nt......
."~
(
/
vs.
Plaintiffs,
"
JUANITA ZICKEFOOSE,
Executrix of th~,Estate
of HAZEL C.VANCE,
Deceased,
DAVIDL.BARKHURST and
MADELON V.BARKHURST;,
his wife,
('J
.iLi.-.•_~J
L
'-1-----------~---------------------------~=-----------,
IN THE 'COURT OF COMMON PLEAS OF WASHINGTON-COUNTY,PENNSYLVANL~
CIVIL ACTION -LAW
DAVID I;.BARKHURST,and
MADELON Vill BARKHURST,
-his wife,
Plaintiffs,
vs.
JUANITA ZICKEFOOSE,'
Executrix'of the Estate
of HAZEL C.VANCE,
Deceased,
Defendant•
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NO.'6959 IN EQUITY
.DEPOSITION OF DAVID L.BARKHURST
•Taken on FRIDAY,SEPTEMBER 13,1974,at 11:10
o'clock A.M.at the Law Offices of Greenlee,
Richman,Derrico and Posa,325 Washington Trust
Building,Washington,Pennsylvania,at the
instance of the defendant -herein,before CAROLE
N.BECK,Stenographer-Notary Public •
•
APPEARANCES:.Arthur M.Wilson,Esquire,
representi?g the plaintiffs.,
Wray G.Zelt,III,Esquire,
and J?mes R.Donaldson,Esquire,
representing the defendant.
,·of t'.....,
f
.~~
.{'~
:'t~."-,I
I
.....,."'-),\..,.,,'-'....t st,-.
\k ·~~f·1 ..11>\::.•
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'Barkhurst':'ZeIt
(REFERENCE IS MADE TO THE STIPULATION,ENTERED INTO BETWEEN
COUNSEL AT THE TIME OF THE TAKING OF THE DEPOSITION OF
JUANITA ZICKEFOOSE OK'SEPTEMBER 13,:1974,RELATIVE TO THE
WITHIN PROCEEDING.)
-********
DAVID L.BARKHURST,having been duly sworn according to law,
testifies as'follows:
EXAMINATION BY MR.ZELT:
2
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Q
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State your full name,please."
David L.Barkhurst.
Are you one of the heirs in the Estate of Hazel C.
Vance?
My wife is •..
"
You,therefore,are the husband of your wife who
is an heir and legatee in that estate?
You have been present with your wife,have you not,
on the various occasions that we were in Judge
Simmons'courtroom and the matter of the disposition
of the Robinson Township land was discussed?
Yes.
What was your understanding of what Judge Simmon~
'1~:.,_t-.
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.I ".'"':".\::'1,
}.".rt,-f'-..
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Barkhurst -ZeIt
directed'Mrs.Zickefoose or all of the p~rties under
the Will-to do regarding the Robinson Township
land?
To go out in another room,if we could have another
'.room,and 'transact·any business,sell the property
to the highest bidder.This is what he said.
What is_your ~ositi?n on that.
What is my position on that?
Well,is it satisfactory with you and your wife if
the property is sold'to the h~ghest bidder?'
We had an agreement to buy the property.
Please answer my question.Would it be satisfactorv
to you and~your wife if the property was sold to the
I
highest bidder and said bid was higher than you were
willing to pay"would 'that be acceptable to you?
No,we had art qgreement to buy the property.
So then it's your'position and your wife's,am I
correct ---
If we hadn't had an agreement,we would accept that.
Well then',prior to ,your agreement that was signed.
~~I1.r I,,,
_•<I..'.,{4 ,"':~.,
(by Mfs~Zi~k,efoose or at least an agreement that
'I ,~J .~4,.~~.~:'l
was prepared by either Mr.Wilson or Mr.Donalds~,
3
mean you and your wife --willing to have the property
Barkhurst -Zelt
sold to the highest bidder?
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I don't kno~that.
Well,can you recall what ---
I don't know that.It has never come to a fact.
It has never been •
.What was your intention with regard to this property
prior to having your attorney prepare an agreement
or at least arrange for an agreement to be prepared
for you to buy the land?
I,didn't get that.
Well,,wasn't it your intention and your wife's that
.
the land should be divided among the various legatees
if possible?
..
Not necessarily.
"land?What did you think should be done with the
:--
there's '.-Well,only two things you can do,you sell
it or you-buy ft·ours has_always been to buy.,
So you and your wife were,always interested in
buying this land?
That is our home..We make it our home there.We
live there near that property,part of that property
as it was originally,so that is our home.
"".1You;however,are not a direct heir or descendant
-..,....<\f },'\,,.,
.'/~"~l ~•{~f.:..qf.the~"yancE;·famJ.,ly,is that correct?
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Barkhurst -Zelt
My wife is.
·Assuming that o?e or both of these higher offers of
$4S,000.00and $47,,000.00 a:t;e good 'and the individual
are willing and able to pay that much for the land,
would it be y~ur thought that the land should be sold
so that ,the.money coul~be'divided and the legatees
would get more money 't~an if you and.your wife bought
it for$38,000.OO?It would then be 'your thought
,
and your desire that the land be'sold to you and your
'wife despite how much could be obtained for the land?,,
We have an agreement to buy,.'
'P~ease ans~er my question~,
That's what I.said before;you asked the same questirn •
I didn"t ask you whether you had an agreement to buy.
I asked you if it'was yo~r des~re that the land
should be sold to you 'despite what might be obtained
from third pa·rties.'
-s
•
,,~,l ..44 .r?
/:,'"'1}:!R,~.,'~~I;L~ON':~/~_"~;f~I~~~;t_·nk there's been a misunderstanding•
.(-t'.,,",J .-'If '
"..';.'It'':',f •J.''':."~~,,,,.to"I '.~4'"I think .what he ',so saying is if he did not have what
k !II ~'''~,~~·....he,J~?t}..~r~d~rs~:~o be an agreement to buy from them,
~..~~...~~·t ¥•
"f!"'~;,./1 '.,.1'·'-1.t,;..~"...:••:
he ~ould not object to their selling to the highest
f ~~·...'l ....~)~~I 1 \~t~
{"(,';1(-;.~~bidd~~:;,b!lt since he has the ag~eement,he would,.
of course~object since he.thinks he'is entitled to
l
~"""1~,~.•'
~:.
a....')-~Barkhurst -ZeIt 6
f ~.,''~'"':(f j.
MR.BARKHURST:That "s right.
•DAVID L.BARKHURST,CONTINUED EXAMINATION BY MR.ZELT:
Q ..SO'that you then would prefer to have your agreement
fulfilled and you buy it for $38,000.00 rather than
getting top dollar for the land?
A Sure."
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Q
A
Are you aware of the fact that if your deal went
through at ,$38,000.00,Mrs.Zickefoose'and the other
legatees would receive less than if it was sold to
the highest bidder?
Sure.
But nevertheless,you desire to have your agreement
go through?
Sure.
Have you ever signed an agreement to buy this?
No •.
Q .Then'you have no ,agreement,is 'that correct?
A That's not right.
MR.WILSON:I 'object to that.,That's calling for a
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Barkhurst -ZeIt 7
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legal conclusion in.this matter·
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"Q Nevertheless,neither you or you~wife have ever
signed agreement to buy this,'..'that correct?an 1S..•A Right..
Q Why didn "t you?,:
"
A We didn,'t see it.We didn't have our hands on it-
Donaldson
,
to sign it.~r.never .pro~uced an agree-
ment.~\
,f."
Q Have you ever asked your attorney to draw an agree-
ment?
•A He did draw an agreement.
Q Why didn"t you sign it?..'.
A He immediately gave it to Mr.Donaldson that evening
,
of the 22nd to take it to Burgettstown.That's the
;it in hands.reason we never got ..our
Q You heard Mrs.Zickefoose testify here that she was
.,I
unsatisfied tl7ith'that agreement,am I correct?
A There was some clauses in it she was unsatisfied•with.\,
."
Q .Please "question,..Did hearanswermyS1r.you Mrs.
~/r ,!"
•j ,r
..1 ,...~..,~iJ'c~~foo~e~e.stify,here that she was urisatisifed;.~,)-~f·,r ~i '.~.J..,J.I ,.''..-f ,.,"".-/witt<cep'l:a'in''p.ortions of'...~'f~...that agreement?
-t';,~i "'....•,,,'.3"?#
$,~......,"'.,,'il,l',•,I t"I·e;t-'.I •!~'.~.'.",..."
.,'"...'
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Barkhurst -Zeit 8
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She was unsatisfied with three things in it and they
have changed it.
Have you ever seen the change~?
No.
...
Then you do not,in fact,know'what kind of agreemen1
Mrs.Zickefoose would have been w~lling to make with
you,is that co rrect?
Mr t'Donaldson and Mr.and Mrs.Zickefoose was in
Mr.Wilson's office and they went over the agreement
and the.changes in the officej,and we were there,
my wife and I.
So you are aware of ,what .the"changes were?
"I was aware of some of the'changes at that time.
What were they?
About insurance.
Well,if you will,be more specific~What was
changed to what?
No insurance,and ---
Well,if you will,state what the original agreement
was or the term of the original agreement and then
state what the changed agreement was.
MR.WILS<N:Rather'than have a memory contest,why
don't you show him the agreeme~t.
,,..
Barkhurst ZeIt 9
MR.ZELT:
MR..WILSrn:
Well,I want to know if he knows.
Well,if you/have the changed agreement
•
which ·he saw on that date and which was subsequently
taken out of the office,show it to him.
MR.BARKHURST::I didn't read the'agreement because he
had it in his hands.He wouldn't let anybody see
'it.
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MR.ZELT:,Sir,I am asking'you to tell me what the
orlginal terms were a.nd then I want you.'to tell me.'...
what'the changed terms were.
MR.WILSON:~That f s''ridi'culous•Show him the".
•
agreement.What are.we acco~plishing by doing
that?
DAVID'L.BARKHURST,CONTINUED EXAMINATION BY MR..ZELT:
that ,you do not know what the,
that Mrs.Zickefoose did not
•'~,~~,f\':"t l:i:ke ,andlyou~'do not know what they were changed to?
,!',",'.\~""",110 -\1o!.o\1 .\.:-.1 ~,'1 .~...!l.•
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A I started to tell you,but you wouldn't listen•
.'I,1'-.
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Barkhurst .•ZeIt 10 .
"./::'lM,t~ia.<y,~u about the insurance,and you said,"No,
,':;"._·t ~
that's not it."
Q..Tell me what the original term was •
•A
Q
No,forget it...
Sb that Yo,u.cannot',remember any of the .original term~
of the agreement that were changed by.Mrs.Zick~foosE?
A I do remember some of them.'
Q Well,tell me what they'were.
A No,you wouldn't list~n to them.
,.Well~it wasn't that·I wouidn't listen,Mr.Barkhurst.
It wa~that I wanted to get the term as originally
drawn·and I wanted t~get .the term as changed.Now
Q
•
I object to your referring to anything for help.I
want to see if you'know.
MR.WILSON:This is an exhibit to the deposition.
see if you know what the terms of the agreement
were that you wanted and if you know what they were•
Q Iobject to your referring to anything.I want to
.t •..•
changed to,and I object to your furnishing him with
anything during the course of ,my taking of his
deposition.
MR.WILSON:
Barkhurst -Ze1t
.
Well,give me.the exhibits back and I
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9bje~t to the .question,and ipstruct him not to answe
it.
.-.
DAVID L.BARKHURST,CONTINUED EXAMINATIW BY MR..ZELT:
','
Q At the.time ~hen you and your wife attended the
meeting of ---Well,it would have been sometime
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I think in March that the sale of the Robinson
Township tract was discussed for $38,000.00 to you
and your wife,was it your understandtng that the
,sale would be made ~ithout so much as informing
Nolan and Robin Vance about it?
I didn't know how it ,would take place.
Well,then you had no understanding in that regard?
No.
Do you mean by that that you did not care whether
·Robin and Nolan were advised that you were ---
.-I didn't say that.
Well then.,what did you mean'?
I said 1-had no idea how it would take place.
•Well,we're not talking how it would take place.
We're talking about whether or not before the tract
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was deeded ~p you
"*.(\{:~"i-~.
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or an agreement was entered into
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-',''Barkhurst -'Ze1t 12
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that was binding,Nolan and Robin would be consulted
or advised that you and your wife intended to buy the
land?
.I don't know whether it's necessary or not.
Well;'what was your,intention?,
I had no intention.I wasn't selling the 'piece of
property.
Well,.you wanted to buy it "did you not?
Sure.
You were aware of the fact that Robin and Nolan were
legatees and were V~nces,.were you not?
.Sure.
,'
You were also aware of the fact that Nolan and
possibly Robin were interested in a piece of the
,
particular tract for themse1ves,:were you not?
Not necessarily,no.
I suppose you weren't aware of the fact 'that Nolan
wanted to buy some of it or take some of it and build
himse1f;.on it?
."."-
Well,he talked about it.
Well,.what do you think he was talking about it for?
Nolan was interested in some of the tract for himself
was he not?
There was supposed to be a lot set off for him before
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Barkhurst -ZeIt
his mother and father,M!.arid Mrs.Vance,passed
away,but they didn't want it•.
What ~s your,position on whether o~not you and your
wife realized whether or not Nolan himself was
interested in,a piece of the tract for himself?
He was interested in a lot.
Then he was interested in a piece of the tract?
Of·a lot.
Was he or wasn't he?
Well,he said ---His father was interested at one
time.They picked a piece of property,a'lot,and
it was supposed to be given to him,·and his father
said they didn't want it then so that nulled that.
Well,was Nolan interested ---
He always wanted his father,~he one that he had
picked,but that nulled it because his father didn't
want it.
Well,his father is passed away?
Sure,that's rig~t.
This estate ~as been going on for several years,has
13
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A.;,~,
it not?
/"j'~,.tt~-~.coui~~'of the estate haven't you been
I""
,~.
.1.:-.pr~~e~t ·OJ;.talked to Nolan when he has.indicated
-!I ..,"-.•••..-.....~l"""f.~~.~
.c.~.....r."'s',h
\:-I·&,.'......
1~-~"'1,•.....,/"'f"'"
~",y,~Barkhurst-
r
Zelt 14
that he is interested?
Q1.~,;.
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Well then,why have you not answered my question I
,','""'''~'\'.'.,I;."',"""'.'....,.~
'about whether or not you know that he is interested?I
Well,he has been interested"in it I would say.
Didn't'I ask you that?·
Yes,sure,he has been interested in it.
At the time when'you and your wife were negotiating
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to buy the tract for $38,000.00,you knew that Nolan
was interested in a piece of that tract,were y~u not
did you not?
Yes,I guess so.
As a matter of fact,when you were there at Mr.
Wilson's office with Mr.Donaldson and Mrs.Zickefoose,
I believe,it was discus,sed that NoLan might even be
given ,part ,of the tract and an.arrangement might be
worked out'whereby you could buy the large part for
$38,000.00 and Nolan would be given some of the
tract,is that correct?''.
Yes.
Realizing that Nolan does want srime and that this
had been discu:ssed,carl.,we say.'that your intention,
therefore,is to buy the tract .in its entirety so
that Nolan doesn't get any?
Bark~urst-,Zelt_,15
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No,'I wouldn't say so.
So that any agreement that provided that you and
your wife would take the entire tract to the exclusion
of Nolan is not ,your intention,is that correct?
I didn't get that.
Ani'agreement,whether signed or,not,that provided
that you and your wife would:take the entire
Robinson Township tract for the sum of $38,000.00
and Nolan would thereby be exqluded from even a
lot ---
He would have the ~oney.
Would be excluded from a lot-would be your intention?
I don't get that.
,
What is the purpose of your lawsuit,to buy the
entire tract?
,,
Right.
If you buy the entire tract,Nolan would not get any?
"..
He would get the money;it's as simple as that.
I didn't ask you whether he would get any money.I
'.
asked you whether it's your intention'that he would
not get a piece of the tract •
.'Not if'we bought the entirety,that's right.
'It's your intention that Nolan does not get any?
A Th~t's right.'-"...
!I~
",.
''''''r 01-,,~~""l,;Ij•./~~.),"<.:,..,,,if ~4,.~.'~....,I
.,~,...>/..,.,"~,Barkhurst -ZeIt 16
....
,;fA ~.'.,':.,~..".'"i I ''f''\,,~."'..• •,.....,.''''','f'
'Q''I .~'tNevertil~le"ss',"it was discussed prior to April 5,
.it f,:'19~~;tha't':Nolan might get some of'it,is that'iIt,......"'.-..•~.~.
.correct?
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..We had some meetings that it'was discussed,yes.
Have you been in tou<;h with any parties prior.to
April 5,1974,or.afterwards who have indicated to
you·that they'l'Duld be willing to purchase the tract
in'Robinson Township?
No.'
To your knowledge has your wife?
Not as I know of.
Would you know if she had 'been?
I expect so.
Wasn't it part of the agreement when you began to
talk about the terms of an agreement for you and
ypur wife to purchase the Robinson Township tract,
that at least informally it was agreed and understood
by Mrs •.Zickefoose and you and your wife that Nolan
and Robin would be given'an opportunity to purchase
the tract for more before 'an agreement was actually
consunnnated?
No.
So,therefore,it was your understanding that Nolan
and Robin should not be advised whatsoever that the
.,.
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Barkhurst -Ze1t
agreement was to go through between you and your wife
and Mrs.Zickefoos'e?··
I said I don't know about those legal matters;I
don~t·know •
Well,you were present,were you-not,and haven't:
you ta1ked·to your.wife and Mrs.Zickefoose about
these things?
Sure.
Weren't you out at Mrs.~ickefoose's ho~e and you put
.a $1,000.00 check on her tab1 e?
Right.
,
During those times 'what was your feeling about the
opportunity for Robin and/or Nolan to themselves
'make an offer on the tract?
They already made an offer of $28,000.00 for it.
That was prior to your offer of $38,000.001
Right.
Did you feel that they should have an opportunity
to make a higher offer if they wished to do so?
They did have an opportunity to~
Tell me about that opportunity,'when did it begin and
when did it end?.,.
It b~gan .---It ended on the 12 th;it began on the'
",'t.~,/'1 ,~,-,,,:~,,'\....:~
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//S.th:¥and "ended on the 12th.
17
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Barkhurst -ZeIt 18
'1 ,.,-~.'
Y,::;•
the,month of April?
•
Wasn't it al~o your under~ta~ding,thatMrs.Zickefoos~
i ~;;...,.~...,.......-,f~..',::6n~y -wi~,hed,to sell to you if she could not find an
'..\•t",~~~eptab~e higher offer?~
.i ~,.1'~."",.."..,'.'~'Y,'~,I'- .
A I did not know that.I've never heard that before.
•
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Well,you were aware that the judge felt that the
,.
best possible offer should be obtained .for the
property?
He said go out in a room,and try to sell,out there,..:
right then.
Was it your under,standing of what·Judge Simmons
directed the parties that he wished to have them
if theY'cou~d not 'settle it between themselves,
i.e.divide it between 'themselves,that they should
obtain the best I?ossib:J.~:offer.~or the land?
That is naturally",the case.
.What attempt did you make or your wife to your
knowledge to find an offer on the land?
We made the highest appraisal of it.
Did you attempt to find anybody else -that might pay
more?,.'
No,I wasn't selling the property.
Well,your wife is certainly a legatee?
•
"";"".I·'0'",~
,'A·,,
Q
A
Q
property,.
So you made no attempt whatsoever.yourself?
No.
You were simply interested in ~uying it yourself?
A
Q
A
That's rig~t,I was interested in buying it.
live there,;that's our home.
No,.Y0t::-'home is beside it.
Well,part'of the farm was that property.
"..
We
•
Q
A
Q
A
Q
The property ~as owned'by the decedent,fs that
correct,and she's not your mother or a blood
relative,Is tnat correct?
The property was owned by the decedent?
It was owned by the decedent?
.'Mrs.Van~e,yes.
So that it was her property and·not yours,is that
cor,rect?I have the feeling 'that you feel that
you are entitled to have some prior rights on this
property in exclusion 0.£Mr,s.'Zickefoose or Robin•or Nolan.Do you feel that?
No,we were giving them the money.If they go out
Q
....'..
"
and sell it someplace else,they give them the money,
don't they?It~s the same thing.
'But they give them more'money •.
':"V '1~~~l'~-/'~.-;~".'~./'..,.f.f',f l ...1f
A Money isn't everything.'You.can't 'take it.with you.
•~','......,•1"1li,.(..',t l'1"'.
Q ,.,f.:::':l t,.YOUl:,deaL provided that Nolan would not get any of~I'\.~'.~•~*,f !,...i,~•(..,....-,;....
That's right.
the land,is that correct?It was your intention
f'.(.-."l',t'J ',:••'.~-j;,~,.(~1 II!•..:~
•.~tb\buy.the'land so that Nolan
20Zelt.',
"Barkhurst
t .~t -,"
...
A
t~,,'
.'
Q 'Did you tell your attorney,Mr.Wilson,what terms
of the agreement you would be interested in making?
A No.
Q Well then,as far as you knew,there was no acceptabl~
agreement that could be made or did you tell Mr.Wilsbn
•A
simply .to draw up an agreement?
·We wrote him a letter.
Q In that letter did you tell him what the terms of
the agreement,would be as far as,you were concerned?
A
Q
Well"t~e purchase price and so forth,that's right.
What about financing?
A Financing --we have discussed that.
•
Q
A
Q
What was your proposition ~n the financing?
We would have to finance part of it.
How much?
A .,I can"t tell'you exactly.
Q So that you also don't know how.much you would have
to pay down?
I know how much I can pay down.
Barkhurst -Zelt'21
Q
A
<,But you do not recall what po~tion you wished to
finance?
"
Well,there would be diffe~ent things on it,stamps
.'and different things on J.t we would probably have to•pay.I'm not familiar of'the exact purchase~
•
Q
A
Q
A
Q
How much were you-willing -to-pay down and how much
would you be required to finance?Do you remember
what it was that you wished to pay down at the time
or otherwise in cash other than ---
I know what I had-in cash at that time to pay down,
yes.:
How much did you'have?
That is not to be publicized.
We're talking about an agreement that you insist
must go through,and one of the ·terms of it is how
much is paid down,and how much is financed,so p1eas~,
I wish to know ---
MR..WILSON:It's not in the agreement how much is•financed.All lit says is $1,000.00 down and the
balance on the closing.It doesn't say how much he
has for.,to get a mortgage
r
,~'
r ,#
"..e ~.-..~~.~
.,Barkhur,st -Zelt 22
MR..ZELT:It says in Paragraph 7 ,about obtaining
rJt doesn't.say'the amount,though,does
financing without which you could not have gone
,I;
•
MR.ZELT:It sure does.
MR.WILSON:Okay.
•
~.
DAVID L.BARKHURST,CONTINUED EXAMINATIoN BY MR.ZELT:
Q Now I'm going to ask you again.How much were you
>,able to pay down afJ-d/or at 'the time of closing in
total without having to finance?
A $20,000.00.
Q I note in Exhibit A that you have stated in Paragraph
•
7 that the agreement would not be effective unless
you could obtain financing.in the amount of $30,000.0(;
~~erefore,it would app~ar that you were The
term of your agreement was that you would put
$8,000.00 up and you intended,to finance $30,000.00?
A Well,we could have done it either way.
Barkhurst -ZeIt
.-..Q I'But the agreemen..t that was drawn and which I think
.9 f/'_~~t
.ttY l ".~~i./·,YY9u.'aJZ'e~rtri:i.ng.LtrO";"--which I know you are attempting
l~,;'(.t /1 ~:of;..
1;1 ¢"1 .'·-:'~f:'.'6-11tohavedeclaredin force because of this suit --
23
I
•
to finance $30,000.00 of
Q It also provides that if you could not obtain that,.
then you are not:to be held to the agreement,is
that correct?
•
A
Q
A
Q
'A °
Q
I guess so.
It provided that you had twenty-one days in which
to obtain that,is that correct?
Yes.
Where'did you obtain your financing?
That~s my business I think.
That's relevant to this suit,I believe.
where you applied.•
MR...WILS<N:I think you have to answer hfm as to
A
Q
A
Q
Through my insuranc:e company.
What is your insurance c'ompany?
Massachusetts.
Who did you contact there?
·>tn...ZeIt 24
*.;'\,~..."..~'!lJ _.J i ,,'.A:".}.',I .'Cdntacted the insurance company.
Q
I
A
Q
I •I
A
Q
A
Q
What individual?
.,
I.don't know the man's name.
Do you have any 'letters'with the name of an agent
or representative.of the company on them?
We have at home.
Give us the full name of the insurance company.
Massachusetts Protective.
Before.contacting that cOmpany what was your intenticn
with respect to talking to them regarding financing?
Before.contacting them?
intention?
What?
Why did you wish to coritact them?
To get the money to pay for the property.
Did you know whether they w~uld lend you the money?
I don't get it.
What was your intention?
I sure did.
Well,at the time you contacted them what was your
How did .you know that?'
I had it cOming.
How did y~u have it coming?
A
Q
A
Q
..
A ,.
Q
A
Q
A
Q
A.
Q
A'
•
•
Because it specifies in the policy."'~~------+l--------------=----------=-----=--_--I-__I
.
Barkhurst -Ze1t
That they would lend you $30,000.00?
25
A
Q
Now all that isn't .from Massachusetts.
Tell us all about it.
Q
•..A/I scj.y·that all Jisn't Massachusetts.I have some,
F .,..t /R"
)f'.f:~l .t',~:~aSh :m;'seii:./'.~'-',~•...,f·r '.....,\,,I .""'.','~(..11,...."'l.....t·"'1;'"',.
Why",if you had cash yourself,did'you make it a
1 1,""'1'.!",,,,~P.~~~;i~lfi~h~~greement that you .had to have financing
of $30,000.00?
('{,~...f .:'\::;'.;"",.,,~.o,~}, "~,.-'t',A .-f At ~that'time we hadn't applied for a loan.We didn't
know exactly what we would get.
•
•
Q
A
Q
A
Q
A
Q
A
Q
A
We1~,when did you first contact'Massachusetts?
Oh,I'd say six months ago.
Can you tell me the date?
I don't know.
Where was it with respect to_~pri1 5th and the times
when the agreements were being considered to sell you
the property?
I couldn't tell you exactly.
Is it your position'that you do .not remember the
name of the individual and/or individuals that you
talked to at Massachusetts Protective?
Right.
Did you ever actually talk to anyone?
I have talked to someone,yes.
'Q
A
Barkhurst
On how many occasions?·'
I think twice.
Zelt 26
•(.
"
Q When was that?
•r.~.I:~~'.....k.?'ft""{~'..;..t!:A·:,~:j i..~.~:1.do.n""t ~e~~~er
\.~,'IIt-•,,~:'l,;".....;...•,*.-~...P,.,
in person?
the dates.
Q Do y.ou have anything in writing from them,
:;:.~f ,,:-';';\,:~I..~
J.~,.~'''''t .~.~~li'.~'~,-i .
Massachusetts that is,stating that they were
ready,'willing and able to lend you $30,000.00.'.
toward the purchase of 'the property iri question?
•
•
A
Q
A
Q
A
No,not $30,000.00.
Do you have anything in writing from them regarding
any other amounts that they would be willing to.lend
you toward the purchase price of the property in
question?
We didn'-t know what we would get exactly.It
changes from time to time.
Do you have anything in writing regarding their
willingness to lend'you any amount of money toward
the purchase of the property in question?
You mean with"me?
..
Q No.'.
A
Q
Do you mean do I have any writing with me?
No.
{Barkhurst -,ZeIt
<.i
•~",",)',~O"'.'".~',.,
{<~A·i ,f'/',,'Itt '~qJ't.~~~1,.wtJ,at 'you ,mean~
27
•
•f ~
~j l.,,~,It
A
';Oh,sure,y,ou do.I don,'tmean 'with you.I mean
~-=.....,.,.0 ,:~,r~,~...'\'I"~~.~
"\to..'......,.,:j-'\i,;~_,.'1 ~"~nywh~~~~~hat you could,if necessary,produce to
~.,.show tn~t they'had in4icated that they wer~,in a
4 ';J.i ~
"~~"(...,.l..'
positiOn and willing 'to lend you some sum of money.
.Do you have any.such writing?
I have at'~home,yes.
•
MR.WILSON:
MR.ZELT:
MR.WILSON:
I missed 'the point.
, I want to 'know if he's got financing.
What does that have to do with the case?
•
MR.ZELT:
Q
A
Q
A
He was never given an opportunity to perform.
To show that he couldn't.perform,made
"
no attempt to pe~form.
.Did you attempt to 'obtain financing from any other
lender than Massachusetts Protective?
We'inquired 'a ,few places.We tried to get m~ney from
Farmers here ~n Washingto~•..I don '·t understand Farmers?
That 's Farm Loan.
Ze1t,28
.,r.",?""i "...It ,....,.~':wtfe~~e(,-d~d:ydti inquir'e?
.IJ .f~'",,~j(,A ,
A Up Highland Avenue.
'"-t "'•""•."'.,'•",....:t },/:.:.(•.','~,"\I ,t.\,.,..'\'..'..
Q',Dia 'you go up there personally or did you call?
•
•
A.
Q
A
Q
A
Q
A
Yeah,I "ve been there a good many times.
Over what period of time?:,
,,
Ever since --Even before we nad the agreement,I was
there.·
Why did you go before the agreement?
"Mr.Donaldson told us to get re~dy,have money
available.'
Have you any commitment from ,the Farmers outfit?
They were out and took a'Survey out there and they
drawed up the'papers for the loan,for any loan we
would get from t,hem.
Q
A
Q
'A ,
Q•A
Q
A
Q
A'
"Who has the paper~?
They have the papers there.
What amount were you requesting from them?
We did not specify the ,exact amount then.
Did they commit themselves'to ~ny amount?
They said what we could get a loan up to.
How much was that?'
I think it was around ~28,000~00,$30,000.00.
What individual were you talking to there?
I can't recall his'name.
-------------~-----------
Barkhurst -Zelt '29
Q
'"A
Even thoug~you have been there on numerous occasions'
I've been there a number of times,_but I can't recall
his name.
and went over the farm
I have nothing in writing
.,
Do you have anything in writing whereby they haveQ
AI.'
committed themselves?
.'fIdon't have.,~They come out
J~J 1';J ~.~-t~~.,,~~,f7i.;/~-"'~,J ...~:,.,~.,j"I,.,,~l'/.;~t.,1:d dr.!lwe:&pp,,'t9.~papers.
•
t'Q~
",
,,",;'. •..~:·-t.i
"."\'
~,.myself •
When.w'as'.i,~that they finally told you ,that they
•
,t~.i"-'..~
A
did have ,something and could commit themselves?..,"""j.,,
It was the week after the 29th of March,the next
week after the 29th of March.It would be April 1,
2nd;either April 1st or 2nd.
Q Did you indicate then to Mrs.Zickefoose,your
attor~ey or anybody that you did have the financing?
A We indicated that we could'get the firiancing.
Q To whom?
•
A
Q
That it has been applied for at the Farmers Loan.
Did you indicate :to,Mrs.Zickefoose that you had a
commitm~nt and could,in fact,obtain the financing?
A Sure.
Q When did you indicate that to her?
A Well,we told her that we would get the money and
finance it.---------'-,---,-"~.--1+-~-------------_......:-_----------------+----"---I
Barkhurst -Zelt 30
N?t "we w6ul~get'it",I want to know if .you at some.
'l'~'",.•~.
{f,"
J+~l ~"',
I
f.'...1
,giye~poipt~~pld her that
';~,"'.~...'..''..~',.~'.definitely'could get,it?
y?u,in fact,could get it
Did you ever tell her that
I.t.~1 1
...'!Ii ,..I.
~,".'"
,~~'":.;".yout,defini:tely..could get it?"~t •,';'"-t 1".~•.'_:~':i p',..{'
A i,'r'I"don't know if we told her definitely
I,
or not.We
•
get the money.
Q Please,you're trying to perhaps not avoid the
quest,ion,maybe you don't understand or maybe you're
trying to,avoid the answer.Did you ever tell her,.'
.....~,
that you had a definite fi~ancing commitment whereby
you c?uld obtain either $30,000.00 or some other
sum?
•
A
A
Q
A
Q
I don't know.My'wife has talked more about that
than I have.She talks to them more than I do.
I couldn,'t tell you t~at.
Have you gone to any other lenders?
We went to Mellon Bank.
Did you ever get a cOtmllitment from them?
No,the interest was too ~igh.
Well~is it your'position then that you have
.,"corrnnitments from both the Farmers Loan and Massachu-
setts Protective?Is that your position?
,";,.,..A 'Yes.
.
"
:Barkhurst Ze1t 31
•
Q
A
"J#
f ."~1 it ~......
t ':0;1'
,
Was that within twenty-one days of let's say April 1,
1974?
Yes.
So that if today you had to buy the property,you
_#'W?U1/q:h~y~cowrai:tIIl~nts and could,go ahead and within
".~I .t'j "•/'t,..
I al~matter '~f·so·(mUch ',time provid~the'money?
A~..".".\.1r
..I hope .to.~:;
•\~<;l~'~\'.tt'.'Could?..."><
•
A-{,.,.I',hope to~,.t t ~•••'.'...,
•_~1 ~t
Q Aft~r you realized that Mrs.Zickefoose was only
g~ing to s~ll to you if she couldn't get a higher
offer,or if tl1at wasn',t your understanding that she
wasn't prepared to go ahead,some attempt was made
by.the various lega~ees to divide up the tract,is·
that correct?
A Yes.,.,
Q You took part in the discussions with Mrs.Zickefoose
or perhaps with Nolan regarding the division of the
~·tBarkhurst -Zeit
/""'7,;,~'...':)
,,>if Jl,~;''t,'",f<:",f;-,.
house is adjacent to the tract?
32·I
•
•
•
A
Q
A
.Q
A
Q
A
Q
A
Q
'~',...t,;,.';#~,.~4.:~:at~'ft>.with them?
>,19741
Sure.
Did you make any drawings or make any notes regarding
the division of the tract?
I don't think I made·any drawings of it.
Did you indic~te either to·Mrs.Zickefoose or Nolan
or Robin or all of.them what portion you would be
interested in?
We've always >.said we would be interested in all of
it.
Beg your pardon?"
We've always said we would be interested in buying
the farm.
We know that.
Well,that's what we've always said.
.But you did attempt.to make a div{sion of the tract,
------~-----"-------------------------
~------------------------
Barkhurst -Zelt
d 4 d 't?....you no •
33
You said ,that you went out and went over the tract?·
A
Q'
,.'
A
•Q
,
A
..
"
1 didn't.I never did.
We've walked over the tract lots of times,
"That is during the summer of 1974?',
Sure •.
sure.
I.,
:Q..
t .',~~\"A FI.•~I''
Q
WhY;,did
,-~':"~W4y ~fid
N ,...~
;.'"~.').1 ',Y"~
Yes.
you wa~k,overthe
....~~J.~,•(!lr'walk<over it?i ~:,~.'_
tra~t?
I'm.an outdoorsman.I like to be out
•~,Q '..
in the outdoors.,',.
~....""..~''':t."~:t J:.''*~.j,-1 '.....
,':1 "-.':Did yo'u'ever accompa~y Nolan Vance?
•
A,'
Q
A
Q
A
Q
A
Q
Sure.
Why did you do it with him?
Well,one reason Mr.Zickefoose came up and the
Mrs.,and they met at ·our place,and he didn't have
no tape line.He had a tape line,but there was no
.marks on it.So he come 'to me and asked me if I
would.get mine,~o I did•
Did yo~help him?
I went with him because it was my tape line.
You were afraid he would steal it?
.
No,I wouldn't say'that.,You said that.
You said you went with him because it was your tape :
Barkhurst -ZeIt 34
line.I assume you,went with him because you
wanted to help him.
with him?
That's natural,isn~t it,to go with ---f~',(""~-'~1:t ,...
.:t.J\t"""."""....t,~,.,1"'...
1~,,'Q\~..)i"";'t,ju,S~a~~~d why did you go wi th him?
,.
•
A ~~'{''';,'<'4''1S11 '~F ~~hat natural to'associate with your fellowman?
'....I;'·".!'"#-J.",.','"'._
Q On how many occasions would you say that you along
with one of the legatees or their wives or husbands
went out over this tract in the last six months to
•A
measure or to talk about a division?
How many times?
Q Yes.
A I don't t<n'ow...
Q
A
Try.to estimat~.Is it so many that you can't ---
I'think it was ,twice we went out.
Q Mr.Zickefoose to your knowledge was 'attempting to
prepare a l'ittle map or drawing showing the divisions,
•A
was he not?
I guess ,he did.
Well,wasn't he?
A
"r,
I guess he did,sure.'
Q Didn't he show them to you?
A They sent'them to us,I guess,or somebody sent them;
Barkhurst ~'Zelt 35
,
.Q
A
Q
•,
,-
~,
"
#.
,".*~
~'1...·I ,.I'd-..(
l'A ,t\f
,I don't know.
You saw them,didn't you?
I ~een some.'
Didn't you declare to him or to Mrs.'Zickefoose or
to Nolan that you were interested in sort of the
i .~?divid~the tract?
t."~f'lt'..''''''.,~.''Nt,t ..··'t fl,.,.'"•,~"
A I 'never did •
Q f'-:t.";'None whqts9~ver?
'.}h t:....f '~l f.,.~,'t,
•
•
Q
A
Q
A
Q
A
Q
Did your wife?
Not to my knowledge.
Therefore,as far as you were concerned,the people
'that went out there to look at·the tract and discuss
it was simply.a waste of time?
As far as I know.
Well,as far as you wer~'concern~d,not as you know.
As far as your feeling about it was,were they
wasting their time?
If that's what you want to ,call it.
Did you ever expres~.an interest in taking a share
of the tract and dividing the rest among the other
Barkhurst
,"
Ze1t 36
A No,we didn't want:'to divide it •""J ¢t~''.'-~-l .';,"-',~~,.
;'~.-.~•.•••1 q'~:{•..~'},Q Since let's say April 30,1974,to'the present time,
•
Q
sunmer of 1974,?
an interest in making'a division of the
/>:, •
have you ever made an offer'to'sell Nolan or any
'other persona portion of the,tract and take the
balance yourself?,...
•
•
A
,Q
A
Q
A
Q
A
MR.ZELT:
"I think our attorney offered.
I'm not aski~gabout yourattorn~y.Did you or your
wife?
I never did..
Never indicated to Nolan or anybody that you would
be willing to sell a piece of the tract to them?
I nev'er'did •.
.'Did,your wife to your knowledge?
Not to my knowledge.
O~ay,that's"all.
******
(TESTIMONY CLOSED DEPOSITION CONCLUDED)•••••••• ••
•
,{
COMMONWEALTH OF PENNSYLVANIA .)
)SS:
COUNTY OF WASHINGTON )
I,CAROLE N.BECK,Stenographer and Notary Public in·
and for'the Commonwealth of Pennsylvania,'do hereby certify tha
the witness,DAVID i..BARKHURST,was first duly sworn to testif
to the truth,'the whole 'truth and.nothing b~t the truth by me;
that the foregoing 'deposition was taken-at the time and place
~.'..
~specified on the first page ,hereof;that the deposition was/';:.l:.'
"·.r,eportied;'in ,sh6tthan<l~by~'me ~nd subsequently transcribed by me;
,....',';'-,,!J ~',.,"t ~.,: .~-*.'"..'"-~.it.•
and the foregoing pages are a true and accurate transcript of
37
•
•
,.
!,
I ~"~,
:'':'al1,''the'testimony re€Qrted by me,,in the within proceeding.
I:;f .._,---.,...1 ..\0"~~.•--.,
'l ;,...···'t I~:t""}'\:"...:...~t f _1.....~......
.I further certify.that I am not a relative or
,~'-',,"i ~_~~'~l'~l ...,\,.....,1 ,,.•
emp18yee 6f·'ilny 'ort the parties or couns~l involved in this
matter,and that I am in no way interested in this action,
either directly or indirectly."
IN WITNESS WHEREOF,I have hereunto set my hand and
notarial seal this 29th day o~October,1974•
,".},.,",".~~'I "1,_"i".t..~.,.::,t •'0\1 ',~(.9>t'_1 ..
IN THE COURT OF COMMON PLEAS OF.WASHINGTON COUNTY,PENNSYLVANIA
CIVIL ACTION -LAW
..
DAVID L.BARKHURST and
MADELON V.BARKHURST,
his wife,,..
Plaintiffs,
"vs.
JUANITA ZICKEFOOSE,
Executrixofthe'Estate
of HAZEL C.VANCE,
Deceased,
Defendant.
h
)
)
)
)
,)
)
',)
-)
)
'")).
)
)
....
NO.6959 IN EQUITY
"
'<,.
DEPOSITION OF JUANITA ZICKEFOOSE
Takeri on FRIDAY,SEPTEMBER 13',1974,at 9:45
o''-clock A.M.at the taw Offices·o:E Greenlee,
,Richman,Derrico &Posa,325 W~shington Trust
BUildi.ng,Washi.ngton ,Pennsylvania,at the
instance of the plaintLi;fs herein,before
CAROLE·N.BE,CK,Steriographer-Notary Public.
APPEARANCES:Arthur M.Wilson,.Esquire,
repreieniin~t~e plaintiff~.
Wray G.ZeIt,III,'E~quire,and
James .R.Donaldson,Esquire,
repr'eseriti.ng the defendant.
* * * * * *'** * * *
.,.\,.,~.;i J
-""""'t:l.,.'<,'i
,.•"....,,.
,------~_-u~__,__.,-::h:..-------~:..:..---'--;---~--:-:I,--'---~------~~~~---~-+--~
j
...:t-,,;,
~.""
.'"'.~;....:I>~,'.
";;
.~...,~.Zickefoose -'Wilson 2
•
M~~AyILSO}'L:,",'i},'••"lot is st-ipulated between th.e counsel for the
J;'\...',t ~.#t','of -.~..~,~~","
parties hereto th.at the discovery being held in this
action will be applicable to this suit in the event
th.at it is transferred to the Orphans'Court Division.
,The stip.ulat~on is made in light of the fact that
counsel for the defendant has or is going to present
a motion to transfer the 'action from Common Pleas
'.
Division to the Orphans'Court.I assume we stipulate
to the waiving of the reading of the deposition and.the signing of i.t"is that correct?
•
MR.ZELT:Yes.
* * * * * *
JUANITA ZICKEFOOSE,having peen duly sworn according to law"
.testifies as follows :
EXAMINATION BY MR.WILSON:
, Q Mrs.'Zickefoose,will you give me your full name,'
please?
A By my name you mean as administrator or my ---'.Q Just your-regular name.
A Juanita.Zickefoose.
Q What is your address?
A R.D.#1,Box 5~,Weirton,We~t Virginia.
Q You're the executrix of th.e Estate of Hazel C.Vance,
deceased,is that correct?'.
---~--------------------------------
------- - -------------------"l..
I.
il~~.~Zi'ckefoose -Wilson
f·';)""'";~...'r .L ~."
3
Right..~'\,.
. """i,If·.~'il YoU'are,the
..t;,,.;j,,~
,.,to.~•(
~efendant in this actio~?
#'"t'~.....f
A Right.v_1 .~);"c<\~:~:'~".1 •"
Q ~,'v""Fo;'~pe~tfic 'performance,correct?
•A
Q
Right~
You are the daugh~ei of Hazel C.Vance,dedeased,is
that correct?
A That's right."
J'
Q Letteis Testame~tary on this.estate were granted to you
as exedutrix?
A Yes.
Q I presume that you filed'a 'b,ondin that particular
•A
action,did you,at the tim~Letters ~eret~ken out?
A bond?
MR.ZELT:
that?
That's on the record.Did the Will call for
MRS.ZICKEFOOSE:,Didn't the Will exclude that?
,e
MR.DONALDSON:We didn't file any.
Q My undeistanding is there's no bond filed,is that
corredt?
A Yes'.
Q I assume you have read the Will?
A R~ght~
Zickefoose -.Wilson 4
Q I assume you've read the paragraph'in the Will
pertaining to the sale of real estate,is that correct.
"th~,pow:er*to .sell real es'tate 'in this -estate as you seE
,;\
.fit?<'I \~~~\'"
;A"Yes,I have.
"/.',•'"(X .,.':'";',g'::.If'~A;tirf'a~ilJg~O~.t:tLetters of Administration and reading
f the wii,t:is "11:-your thought or feeling that you had
'\
•
"..A.~','I .,.'l-
Q
Right•.~~.~,,,
"I[:;,:~~,'oJ
J''I,.'.
I b'elieve there are two farms in this estate,is that
correct?
A Right.
Q One is in Robinson Township and one is in Hanover
•A
'~
'Township?
Right.
Q Am I correct that the one in Hanover Township you
have sold to your'husband?
A Right .
.Q What was the purchase"price for that particular farm?
A $13,000'.09.,
Q Do you recall if any appraisals were made in the
'.A
e~tate as to th~value of that ~arm?
Yes,I had them both appraised.
Q The farm in Hanover Township,do you recall what the
appraisement was on that?
A $10,'700.00.
Q Did you receive any appraisals On the Robinson Township
farm?
.------------c-------------------------~----.,
"
;,..~~.-1fil}j;:\."ti
,j ;,~J~""~t }.."Zickefoose -Wilson"'1~~(".f"r '
:L,",''Yes";:J;"diq.1-:'"'~~,J.f~..~"~.,......'".......\,\"""Q~"HO~ItiJny?~..'~.
5
fA·'.\.".'''One.app'r'~~.f?'al.
It."\#'~_.':A.;•?'n ,.'!-'",~if
Q Do you recal:1.the amount of that appraisal?
•A
Q
A
Q
A
$2 8,000...00..
Did you haVe any other appraisal made of that farm?
...,\
No....it'
.'
Do you know if anybody else had 'finy appraisals made of~
that farm?
"---...
'I understand that some of the 'other heirs had it
appraised'.
•
Q After taking out Letters.Testamentary ,on this estate,
did you ever have any meeting with the other heirs,
.,b,e~ng your sister,Madelon Barkhurst,and I believe
·Robin Petre and Nolan Vance?Did you have any.
'meetin~concerning the 'sale'of this ieal estate?
A Not the sale;the division of.
,Q Whe'n:did this take{place,'if you can recall?
A Probably the latter part.of last October or around the
first of Noverriber.I know there were meetings in
•,Q
A
Noverriber we had.
At that time did any of the heirs express to you a
desire to buy this particular farm in Robinson Township.I don't know if ~nybody'expresseda,desire to buy it
at those particular meetings or not.
offers at those meetings.
No one made any
Q Did you receive an offer from Mr.and Mrs.Davld
L-...lL ---..:.-~_~_~~
---------:----------------,
Zickefoose -Wilson 6
f ,:s~rkhuis t"qt Jany iime'to
",".r t',''*.•.......''!..,.t~:,Townshl,p?"
b~y the''farm in Robinson
•Q
Yes.,_t:'~,..'...:-.
,~~.',>;~~..
io 'r -.-.-""
r ~.Do·you\recaii approximately when that was?
That was,:-"inf~arch of 'this year.~•I;',~",1:",1:
r',.1"-i .'\~\
Do you recall thJ:~date of March lith when there was
a proceeding in the Orphans'Court·on your petition
to buy the Hanover Township ~~rm?
A Yes.
Q In relation to March '12th,can,you remember approxi-
•
•
mately when,you were first 'aware that Mr.and Mrs.
Barkhurst wanted to buy the 'Robinson Township farm?
A Well,I would ---At about that time of that hearing
is about when I was certain that they were going to
buy it.
Q Do you recall who communicated any offer to you from
Mr.and Mrs.,Barkhurst?
A Mr.Donaldson ..
Q Do you recall the date approximately on which this
occurred?
A The 22nd of March I believe it was.Mr.Donaldson
called me ,and told'me he had an agreement in his officE
and for me to come and look at it.
Q Was that the first time that he had communicated this
offer to you?
A Yes.'
Q Are you sure of that?
"',"¥h"..I -F I 1"'.•
Zickefoose -Wilson 7
•T '",.'f.'~,.1 t l''r'
,..
A
~r i...4il ·,#I .~
II.~~'\....
Yes,that's the first I kne~(of,a spe.cific offer.
::"."1-'1 "t....t ,.;.~~..-,d·•Ii'.J '~,...Q~~\"(-i Do:,y~u":r:edal~ever seeing a petition filed,by Nolan
Vance'and Robin Petre 'offering to buy the Robinson.,
Township farm for $28,000.00?
Q Do you recall approximately when you saw that?
I •
A Yes,I saw that.
A Well,that would be after the '12th of March because
"-
they presented it I think in co:urt on the 12th of
.March,thai day,but I didn't 'see it that day.
Q Who subsequently showed it to you?
A Mr.Donaldson.
•
Q Do you recall whether Mr.Donaldson showed you the
$28,000.,00 offer as contained in "the petition or the
$38,000.9~offer of Mr~and Mrs~Barkhurst first?Do
you remember which one he showed you first?
A I think that he had them'both.in his office "when I was
;,
"in there 'at the same 'time.
Q Now on March'22nd I believe you said that to the best
of your recollection that'sth~first date you were
aware that Mr.and Mrs.'Barkhurst had made a firm offer
•A
on this particular farm,is'that correct?
Yes,it was.
Q Am I correct that the offer made"',at that time was
A
$38,000.00?
Right.
,
Q I believe you said M:r;..D~ralds6n-,got ahold of you on
the 22nd by telephone,is tIia:t correct?
•...
Zickefoose -Wilson·
A Yes.
Q Do you recall what he told you?
,
A,I believe he called me from his office in town here,in
Washington,and asked me if I could be in his office in
Burgel'tstown that~'night,,that he had some papers for
of'fj'.~i'...~",co •'~)I.",t JIt)"('·'~me ~to l.':Ook at!'l
01 ~"••,t ~~"...~,',.{'~'\'11
'J ~',,::.PI-.,•~I.-...+~';o'l<.•.,:A~i j";';'~"
Q Did he 'explcHn to'you,what the papers were?
8
,
!"
.
,r told,hi~,I.~would:bein his office.
:fl."
~.Wh~ileyou ;weie·...speaking wi,th him on thetelep~one
~i "..,be~ore going to his office ,did h~tell you what the.~.I,."i'i .'1 '.":-+.''\t
papers were that he wanted you to see?
'A
Q
•
A
Q
A
Q
A
Q
A
•Q
A
Q
I t m not positive if he 'did or not ...Did you,in fact,make an appointment with Mr.
"Donaldson?
Yes,I made 'an appointment''with him to go to his office
For what date?
For the 22nd,that evening at his office in Burgettstow[l.
Did you meet him in that office?
Yes,I did.
Were you alone or was there anybody with you?
'My husband ,was with me.
Was there anyone else present at the office other than
you,your husband and Mr.Donaldson?
No.
Did Mr.Donaldson,in fact,show you papers pertaining
to'the Estate of Hazel C.Vance?
A Well,he showed me the'agreement.Is that what you
-,~-------+l------------------"--------'----------;--~-----I-----l
---~-----------------------------------
.----_----------;---------
..I
,Zickefoose --Wilson
;
9
•
Q The agreement between whom?..\.....r f l'.~-•
.A /~t"TK~~"a~r~eine~t;that the Barkhursts had submitted for me...~~it·~Ii ~",t"...l ~.J 10'...•'ow ~.',-...':',.1 ~,,...,..
to see,you know,whethe'r it was 's'uitable or not.
~.,.(~to If~~~t'~.~.."l ~,Q~"•J,..Ls 'thatf.wliat Mr.•Donaldson told you,that it was
submitted to see 'if.it was suitable,?'
A 1 don I t think he'told me anything.1 think he just
said,"Here's an agreement,"and he handed it across
his desk for me to read,'and 1 started reading.it,and-
he had a copy and 1 had a-copy.'
Q Did Mr.Donaldson say anything.to you about who had
caught him just before he had left his office with•
prepared the ·agree'ment?
Yes,he 'did tell me that'.Retold me that you had
•
this Cigreement,and he hadn't had,a chance hardly to
go over it 'himself yet when 1 started to read it,and
ask him some ques'tionsabout -it.
Q Did.he say anything to you to the effect that he had
met with me on that day when the terms of this agreemen
were set forth?
A Well,1 think he told me 'that you brought it to the
office.You and he had been together that day because..
that's how he got the 'agreement.
".
Q Did he say anything to you about being able to review
the agreement prior to bringing it to Burgettstown?
A What '1 understood from him was.that he had gotten it
just barely be'fore he left for Burgettstown.
--.------c:----*--.,.........,.-~~-----------------~-___;:___--_t--_.
Zickefoose -Wilson 10
Q
/.~I
"At"f:i".
~..~.~,•;!,,~:t'f'"
Isth,at what he told you?
....
that he told me that,but that-was the
I ....'~f~J:4::$~
got'pecause 'he 'said he hadn't had time to
'1,;,...-."A {if
Ie
go over the agreement ---How do you say?
_.'W 'I.....,1 l et'~l.fl''I.-.t'"':W')--~~~1....,('.~i
....,I j~I"a,r«<"':I .t .
..~-.,~.";,<'.11'~t~-4..."MR.ZELT:Thoroughly?
A
Q
Thoroughly,yes'i th:oroughly himself yet.
You're sure that that's what,Mr.Donaldson told you,
is that correct?
A Yes.,
Q Did you,in fact,read the agreement over that evening?.
A I certai.nly did..•Q Let me show you a copy of an undated agreement which
contains,the terms with the exception .of the description
of the real estate.Does'that look to you like a
qopy of the'agreemen't you read that evening?
MR.ZELT:If you can't remeniber anything,say you
•A
can't remember •
I don't remerriber No.6 being,fille'd in or not.
Q What does No.6 pertain to?
A Time is not of the essence 'in this agreement.I
don't remerriber specifically Lb)'under No.9 either or
Le}•i
Q 'What'sthat?
-----------------------------,f"
Zickefoose -Wilson 11
,"
A "Ej eC.t Buyer from said real estate,for which purpose
Buyer h~ereby authorizes any attor:t:J.ey of any court of
•
.1~/
\0:t··
':reCord to appear for Buy~r and confess jU9-gment
against'Buyer in an amicable 'action of ejectment,with
irrunediatewrit of possession of the real estate and for
damages,to include attorney 's.'corrunission of 5 per cent
,or $1;000.00.and !ost~,hereby'waiving stay of'..'....tJ.....,..t
fj';.<1i.J .'...~.r"."-'
•,tI execut~on,exemp..t~on and inquisition,with release
fr··/.(f ~.~~...-"#'IJ..
of all errors."
The res't of it seems to be just
the same.,
read that way or not.
•,<
"
Q '~l ,;cc·...'i"J ,.'If.'~"Xou 'saY.,Y9-q don'.'t remember 6 and 9 as reading the way
.'"b;..\
.11""1~'J.;'*'.....'"",
they do on tllat'particular agreement?,
A·".·,~~.sa~·.I·"'Jus·(don't remember them at all,whether they
•
(Thereupon Plaintiffs t Deposition Exhibit A marked for
identification.)
Q <This particular agreement provided that you were the
Seller of the real estate and Mr.and Mrs.Barkhurst
•
were the Buyers and that the purchase price was $38,000.00
and that the Seller agre~s to sell and convey to Buyer
on or before 'June 1,1974,by special warranty deed.
Do you remember those clauses being in there?
A Yes.
Q Whenev.er you saw this particular agreement,was there
a de~cription of th~real e~tateattached to it?
--------------------------------------------------,
.Zickefoose -Wilson 12
1
I ,1========='===#=====::::::::=;================================1===1
A I don't remeniber that.-All I looked at was the
;;''''t
,~~,it to mean that you wer'e spe~king
•
.",.~~,~.•i Af .,,•..
Q
,r'.'
A~'
aboutthe.Robinson Township farm?
There was no doubt in your-mind about that,was'there?
,i>
·No.,.
Q And th,at that was for ,the entire Robinson Township
farm,there was nO,doub,!:in ~our mind about that,was
there?
A 'No.
Q After you read this particular agreement that evening,
•A
did you say anythi!1g to Mr.Donaldson about it?
I told him I couldn't sign tha.t;it didn't satisfy me.
Q Couldn't do what?
A It wasn't satisfactory with me;I wouldn't sign it.
'Q Did you tell ,him what was unsati~factory in the
agreement?
A
•
Q
A
What was that?
,
Well,I questioned rUm about the twenty-one days
possession,th,etwenty-one 'days or by the first of
June ,whichever it was,the':lengthof time to 'convey
the 'property.
Q Do you,mean the :fact that the aeed would not be made
out until the'first of June,is that what you I re
referring to?
Zickefoose -Wilson
A Yes.
13
Q
<'
On th,at pait'icular issue,what was unsatisfactory about
•,,
th.at with you?
..}A "l',What w1~unsatisfa{tory the're,whatever it is,the
jr ....,~*-:-".F~....~~.,.._~~~/~.,c,.:.:"~::'f Jfirs.t 1part 'was ,tor give possession of the property;£,,~':;.;J ),;'-1>.:\'.'i..·",.I :"-."i '"'~".r,\:,II''....".......',ther.ewasn't enough notice there :to give possession,.,
of,th~property,~,I wanted ,more time .t...•~.'i.M'"••.
t .I,.f;"<1j .~
.Ibelie\te''';Paragraph '3 reads,"Possession shall be
the Buyeis on or before June 1 of 1974.Now which of
those'paragraphs are you talking about was unsatisfactcry
•A
i;:~..~(~gi;,;nt,upon itp.e execution of this agreement,"and
~'";:-'.,,:1"1':'-'~i~,,'1
Paragraph 1 reads that the deed would be made out to
to you?
What is i.t,the :second or the third one there?
Q ,Well,th.ethixd one says that possession shall be givel
:on the .execution of theagreemerit.
A Right,that's it.
Q The first paragraph says that the deed will be made
on or before June 1.
A I didn't question that.
Q I,t was No.3 about the possession?
•A Right.
Q What was unsati,sfactory about that to you?
A Possession wason delivery of the signing of the
agreement.If I.signed the agreement there,didn't
they have possession right then?
Q Yes,that's the way theagreemerit read.
...,
Zickefoose -Wilson 14
•
r ol..,.:.\~!''i~"~,,I·":.:t .~
he'ir.s\and .see /thcit everythfng --that no one has any,~.~l 'r"l.~11 ",'\-~-.'""\
objection to this sale that would be interested in buyi g
Q
A
Did you say that to Mr.Donaldson?
Q Prior to the date~~f March 22nd,had you said anything
to Mr'.Donaldson about not wanting to give up possessio 11
immediately if there was 'an.'agreemerit?.....~..'
'A We hadn't discussed.an agreement.
•Q
A
Q
Had you authorized Mr.Donaldson to negotiate an
agreement for the farm?
No,I hadn't.
What happened to that particular agreement on the
evening of March 22nd?
..
A I,told Mr.Donaldson I wouldn't sign that and handed
it back to him.
Q Did you do that of your,own dedision or were you
•A
counselled not to sign it by.Mr.-Donaldson?
.No,I did it myself.I startE~dout reading that,and
I told him I wouldn':t give posses'sion on signing of the.
I..
agreemeri.t;'went down to the next one and told him what
was wrong with the whole.:thi!1g,arid that I didn't think
iI .cbUld sign that.
Q You mean there was something else wrong besides'
•
/'
Zickef~ose -Wil~on
poss'ession?
A Well,I ques'tioned the ,.fact of the $38,000.00 insurance
on it;the fact that if theY can't get the balance of
the 'money and'theY back out;I refund their downpayment;
th,at's not customary.
Q Were,thes~eall .your own decisions,?
,A Yes.'
QPrior to'March '22nd had you spoken directly with either
15
",
A
Mr.orEMrs.Barkhlirst about selling the farm to them for~.t tJ -'.....~~14'~"..to ~5L.,~~..,_.:;~.~,'f'7 i',•t;J"'t'.
I ,.;,~.~3~,0,00 .p O.",.--<!~;~~.
I thi.nk,that I had talked to Mrs •Barkhurst about
...f,.....~~..t #'4,
~.::.~mak.;L:A9 '~m"4 offer if
J,'1.·'\..',.",,..~&!,!J-"ik,'~
on th~'12th,th~ri I•
tli~y were going to.After the 'offer
asked her if they were going to
~\&.~,'II.'iJJ /'"t t 4"':" .~._....~.
\.'...J tmake.,an.·of·;fer,the'y should,.get 'it in.
Q Did she,in fact,sai:th~y were goi~g to make an offer?
A I imagine ~h~did.
,
Q Do you recall if sh~told you that 'they were willing
to offer $38,000.00 for the farm?
•
A
Q
A
"
I'm not positive t~a:'J:,shedefinitely told me what they,
interided to 'offer for th~farm.
Did you discuss purcha:se,~rice with Mrs.Barkhurst?
Do you mean did,I ask h~r wha't sh~was going to pay
for it or tell her what I would consider as an offer?
Q Yes,maam.
A No.
Q 'Did you tell Mr's.Barkhlirst that you had an offer of
$28,000.00?
-~---------------~----------_.._---------------------------------,
Zickefoose -Wilson
A I don't imagine I did.She knew-that from the day in
court,didn't .sh~1
16
•
<.'~'-\~l .,
~!Q -......
\.'.!
'You did not mention thist6 her?....~
I dor't know whEi ther'I did or ,not.
~r •A,'1;"\.;.,tt>..".-t"~r (~•...
/"....b6'l:0u red'all h~'r telling you that they were going totil"[.•.•,\,..-}(I 1;!:.',
offer,$38,OQO.OO?
.r;,.~"
Q
l'.~~,til ••
•,'Not'...tb,be!po·s itive about it•.
1,1'~-~It.~,"''-'t,,"
On the evening of the 22nd of March did Mr.Donaldson
.I,+!•
.N'....~,t'.~t,~'/a,~!;fo~pJ;e~.e;nt you any papers to ,sign in relation to the
Hanover Township'farm?
.
A On the 22nd of March?
Q Yes,'the,same night that y~uSliscussed the agreement
about the'Robinson Township farm.•A I don't rerrierriber when'I signed,the papers on that.
Q Could it have'b~eri'the even,~ng of the 22nd?
A I-thi.nk it was later than that,but I'm not positive.
Q Now·approxim~tely ~<?V>!long
tha't 'evening on thf7'.2 2J)d?.'
were you in Burgettstown
•
A
Q
That I don't knoyv:.either •.'
Whenever yolj'left the office 'in Burgettstown,what was
the status Of the agreement with Mr.and Mrs.Barkhurst
as far asth~Robfnson Township farm?
A It wasn't signed.'
Q Whenever you left,'did you give Mr.Donaldson a list
of the things that wereurisatisfactory,to you in the
agre,emerit?
A I told him wh'at was unsatisfactory in the agreement as
L --.lL ~_
Zickefoose -Wilson
I read it.
Q .00 you·recall if he made.alist of thesethf..n<;Js?
A I ,think he 'did.
17
•
Q Did ypu ask Mr.Donaldson to cornrnuni,catethese
unsatisfactory things to us to see.if they co'uld be
changed?",
..
..t~..·
A",J ':"-~'It don,'t "know'wh:e,thEi~""I
".\,.,:'J r','1/t t·'\''.J!:;~.'
,~.\;.j,~I-f·,~,~';,It''"
...'J,.-,presumed that 'he VJould
asked him or not.
do it.
I suppose,I"
.
•~,""~~I~I;:~.:th~::m~}~e~a~out the possession and about the
.:;':r'\}'(f,~~':lrciIl"C,~':~nd...th~:'trefun:d of the downpayment ---I
think those are 'the three thi,ngs you said wereunsatis-
'.~,,::,J'of;t.~.~to):SJ·":t 1"t-,"t'~I.'.\.<.,',~,'!:t ~',''!l!"";,~,.••.'facf.o'ry it'o 'you,istha:t right?
A Ye.s,that I can remember ri'ght now that I'm sure that•I ques,tioned.,.
Q If·thosew6uld have been changed to your satisfaction,
thos,eparticular items,were :you satisfied with the
rest of the agreement?
MR.ZELT;Wai t a minute now.She just'said that she
can remember.
•MR.WILSON:
to say.
MR.ZELT;
We II,i£she 'can'f remerrlber,that"s up to,her
Well,she 'just said before that question that
she was'unsatisfied with those three for sure but can't
remember,whether she was,'unsatisfied with any others or
,----------------,-------,-------------------------------------------,
Zickefoose -,Wilson
,"
not.
18
•
f '~
MR.WILSON:..4
MR.ZELT:So she ':sa:lready answered the'other question,;
I .
;'"
~:"...
CONTINUED EXAMINATION BY MR.WILSON:
Q 'Do you recall anything else in the agreeme'nt you
obj'ec.ted,to other than th.ose three things that you
"mentioned?
•
A I can't remember anything for sure.I think there was
something else about the dat,es,like sixty days or
thirty days.i'm not sure that we didn't change
something like ,that.
Q You mean'on the part about confessing judgment if the
Buyers back out of the't;ransaction,referring to
Paragraph9?
•
A
Q
A
No,sometlf.ing at the 'top 6f the page someplace.
Do you -want to took at th,eagreement and see if you
can ,find it?
If the Buyer defaults in payment or performance for
sixty days.
Q That was unsatisfactory to 'you?
A I'm not sure whethet I changed that one or not.I
asked Mr~Donaldson abo'ut it,but I can't remember
whethe'r ---I'asked him to explain that to me,and
Zickefoose -~ilson 19
the rest of the stuff on that page.
Q Did he?
A Yes'.
•
Q To the best of your knowledge did you object,to that
s.ixty-day provision?
A I don't remernbe'r what I did about that.
Q On thethr.eethings you're .sure of,the insurance,
."
the refund of the downpayment and th~e "poss~ssion,with
the'.excel?tion 'of those three things'wasthe rest of the
with with Mr.Donaldson?
'\("'es:'.';;::~~
J"'~-(!'l,~~,••...."...
."
"
agreement satisfacj:ory to you?
I'A As far~as·I under-stood it,yes ..l'.r',t'~';1 "\)-:;;."-
./••I,•l:¥ou went over".!thes'ethingsthat you were 'unsatisfied
,.-
j.
r r'(..rl
•
Q To the best of your recollection he made notations of
t ..~.\,~,....,b~'l'\.tc 1I.It'•
f \~~thi~S'?;~•r t
A
Q Whenever you left,did you leave him with any
i.nstructionsas to get back in touch with you on it
or to see me further about it or talk to the Barkhursts
•A
further,about·it?
No,I just told him that·that wasn'.t satisfactory:
Q Did Mr.Donaldson,in fact,say that he would get in
touch with me 'about those particular items?
A That I don't remember.I assumed that he would.I
I?resumed that y.ou would contact him or he would tell
you what had happened..,-.--,-,-.,..--.....------+l-----=---------=-=------:-----,------------t---j
'..~
•
".
Zickefoose ~'~ilson
Q So on ,that particular evening you did not sign that
.agreemen.t?
A Thatfs right,I didnft sign if.
'Q I believe the 22nd of Match was 'a Friday,is that
corr'ect?
~t r /';.
"A Thatl~right.~
I '''':'"1",,}t:');4.~,Ol'...~~,)"l("".."'.f'.'{'1 ,II .
!..Q.,'-.~/T...,.,he....·..•.•2:5th.-.w,oU!.ldtbe.,a Monday?,.~.t"~"";.../>,,~'r:.....
.
~.,'ouZ:ing:'th~t v4'e'ken'd did you have "any further negotiatior s.._~.(',.."..'.
;II '.""..
'..',~,:,.,,;'.~';~-'~"...'r",
or discussions with anybOdy about purcha'sing,that farm?
20
•
.1\,....,....
'.,
Q
A
I';don't'i~~eniber that I did..'.'"'\."...
Do you remember any discussions that weekend with anyone
from Wes't Virgini.a about buying'the farm?
I don't remeniber anything abcfut,that,you know,I don't
remember.when'I talked to anybody.
Q Do you remember having any discussions with anyone
from West Virginia about their.paying $43,000.00 for
the 'farm?
$43,000".OO?
Yes-..
Not $43,000.00,no.
Did you have any:discussions'with'anybody in West
Virginia about buying the farm?
Yes,I did.
When'did that occur?
I can't tell you that.-
Would it have occurred before or after the date tha·t
--Zickefoose -Wilson
.'.
22
Q During the period from the 22nd to the '29th,do you..
redall if you had any conversations with either Mr.or
Mrs.'Barkh.urst concerning the'a'greement that had been
•
..-
.,...-...(4',--\-~
presen:ted ,to you on th.e 22nd?i'i
I.,,,,,,possib}t"di,d'-'.~a])l:<'to Mrs.Barkhurst .
'.•:r t'c';I!t..f~~'r ".(~.",',
"Do you recalr'~d\scu'srsing that agreement with her?
A.~,.'
\"#
.-~:~:
..~~§.<ta.~keCl~a~ou~;;.~o many things.and all that I'm not
"I ":.¥..1.w .I __~.'''1 ,,'...,
,""~sUiet~fI\a;t I C.~l1-",~ay an}'"specific day or anytning
.....else that I.,q.i.sGussed it with her.I think I probably
':t!tf~'tl.1 ...·""\'~/~·t t'.--',I
~~../;1 ~,3,1 .(,}-J',-,.'~d~d tell her that I had not srgned it.
Q So to }'"our recollection do you recall telling her why
:fou had not signed it?"
A I i.magine I did tell her what I could remember about•
Q
why I di~n't sign it.
Did she say anything to you about 'being willing to agree
to the terms as you wanted them as opposed to the way
they were set,forth in the agreement?
A I can't tell you what she'said.
Q You told her the'agreemen.t was not signed,is that
correct?"
A Yes'.'
•Q What were.the circumstances that you saw this agreement
on the '29th?
A On t4.e29'th I went into Mr'.Donaldson's office.
Q Had he been in touch with'you that we'e~about the
-agreement?
I'm not sure that he had.
Q
Zickefoose -Wilson
,
1 1m referring to the week between the '22nd and the 29th':
2~
I
A Do-you mean did he call me and discus_s the agreement with
me :or -.....-,
Q
,-'A•Q
!
A
Q
A
Q
Or did you call him and discuss'it with him?
No.
Whem','did you next hear from Mr.Donaldson?
On;Fri,day,the 29th.'
In theeyeriing.at his office.
Did you already have.an appointment scheduled for
"
the 29th or did you schedule one during that week?
A;.-
1,,f>•~Ii .'•I.?i
'\!Q '~....~1
A
i .,
.Q .'.I•
I really don't remember because sometimes I used to
~~~us,t',g-,?to,hi,s~,?ffice and sit and wait.
,I'j ,•\"•'.
/oh ,t.ne '2'9..th 'y'ou went to his office in Burgettstown?~~~.
"
A
Q;'(,
My h,usband.
~;.-'I J'"~f .~,t'·.,':~
j ."J'II:~,'••-;Was 'there ahyone there other.than you and your husband
Q Wasthi,s agreemen'.t discussed again?•
A
A
and Mr,.Donaldson?
No.,
,Yes.
"
Q What occurred in relation to this agreement?
A Well,Mr.Donaldson asked me ag-ainwhat corrections I
wanted to make 'on it.
Q You mean more-corrections?
:A If I had anythihg else.
Zickefoose Wilson 24
A To be added with the'ones that I had.'suggested.
Q In other words the things that you :qad told him on
the .22nd weienot satisfactory to you had been changed ,.'
•
I'i .
A
,.-..
"":oj.-,,.
Yes,they ·had,beerl,~ch,anged.
Did'he sh~oW you the 'alteied agreement,the .changed'
.,1r •'r
~"._~~~r~e'm~n}?:;\.......(.
/-I'"n ,...,'..,"",
/";'Ye s:.'"..:'..'~~,
A No.
~'::...of',~,'i-'~~'\~'"l ,;.,,'_.•,,;_,0#"'",•..,.:...'~Q<~";tl ',.t'DIB.'~y()u!>"in fact,sign that agreenier:t that evening?,
•
Q
A
",
Did yo~say'anything to hi.m about there being any other
f'1'::",....,,..,...
.';.~cIia~g·~s'tihat~:you wanted to mak'e?"1:.1 -..,.,'_~•".
•"f..·,··.....lft:
Yes','I did.
Wei,e'the 'ter'msof that agreement satisfactory to you
as changed?
Q The,'terms -of the agreement as changed were satisfactory
,to -you?
•
A
Q
'.Yes.
Presumably the date 'of'possession and the provision
concerning insurance and the refund of the downpayment
wer,e changed,.is that correct?
A Yes.
Q Were these .,typed in,or,penciled in or what were ,they?
A T,~ei 'weietyped in.
}.,
Q Do you have 'a copy of that agreerrient with you?
,,'
______- -.___I
Zickefoose -Wilson
A No,I don't h~ve a copy of it.
Q Would you give meauthority to see.a copy of the
agreement if your attorneY:.has.it?
25
•
A
Q
.'
:t thi,nkth~t's 'where I h~ve my attorney to advise me
wh~t I'm supposed to answer there ..
Do you per.sonally have any objection to my seeing it?
MR.ZELT:Don't answer that.
Q
I.
You si,gned th,e agre,ement that ev,ening,is that correct?
.Il:~.~,..
A~~.R'ht .,.,//;";r.--",:1.;9',,'....;\f i',','
J.'•';$';'"..Ir "I',
•,J.;I""~I .".~~_'Q -."Do you'recall"how many copies'you signed?
A Two,I beli,eve.,_
"/'"!'1'~•'!'.)".'.,J,'l ../!C"
r'iii·,.
:Q;''\/1,·;.pl~.I1'bli;;g~iyee,bc:{th copfes back to Mr.Donaldson?
A Yes"I di,d...~t·:",',,·f r-'",,-""~,."-•.t'o<:".~.~'
Q •.,1't"D'fd he:',~ay'~nything to you about what he was going to
do with the copies''or did.you,give him any instructions
as to wh~t to do with the copies?
A He was supposed t.o ho.ld the copies until I released
them.
•
Q
A
Until what?
I told him --I asked him if a..ll the other heirs had been
noti.fied,did they not have'to be notified before I sold
the property.I preferred that ,theY.were,that everybodrt
knew about thJ~salebe.foreit wen't through and until I
was sure that everybody was notified,that agreement
wasn't to be signed,wasn't t-o leave his office,that he
••
Zic~~foos!=·-Wilson
~
".4'..
\',J
was to keep them until I wa~sure that all the heirs
had bee"n notified that the sale was going to be made.
Q ','Di.d you tell him that?
A .Yes:.
Q This ,was,'on th.e·29th?
26
t:~-·:A ;.;:
.;-~~'T
t'•,\•
,:\,w~~'We,r~\~~~:g~t ,~he hig-nest offers that we cOUld,get.
;-.'"L-l'"-".......":-1',(,
'1 ..~::'."'ct,"J'"'...,t .''t 'I ,'.•~
.'1 unders,tood'-thatan~.I th;ink he understood that,and
•
y.:.\)#~tRfS'/w'asithe ~i\lstructions,t~at.we got from 'the judge.
t.,<t';~-;~.~_"",-.1 f,)'~;;"_~_
Q .t thi:nk,you earli:er testified'.that after signing thes'e.
ag.reerrien.ts.on the 29th/'you".gavetheIri to Mr.Donaldson
and he was not to release .them until he notified the
-other'heirs who would be Mr-.Vance and Mrs.Petre,is
that correct?
A Yes.
Q At·that same time did you sayany:thingto him about
even if he did or .did.not'noti,fy them about putting the
,,
'property up for public 'sale?
,,
•MR.ZELT:
MR.WILSON:
Well,she already-'answered that •
Well,I mis.sed it.
Q D9YQU'undei.s tandthe ques,tion?,
A I forget what it was now even•.~
Zickefoose''-,Wilson
T .1"'·,
Q After you signed these'agreem~nts 'On'the 29th of March,'
27
,"'l
you ga~e both 'copies to 'Mr.Donaldson,'is that correct?
I ,J
•
y .'A
Q
Xes.
You gave him'instructi,9ns not "to release these until
he ha.d notified the'other he'i!s,Mr.Vance and Mrs .
'Petre,·istha:t.-correc~?·',.
A Y~s,or until he heard from me.
Q At that same.time prior to lea.ving the office on the
'"..~./29th'1'di.dyou~~~horize~r.Donaldson or did y.ou ask
•
I ''"",,_,1
.<
"'~/'
~"'::f;:',,Iiim ~to,·p~tlthis,~property.up for public sale?
>'•~,.J',t'r',t!','.~(,"•~;.,I'1:.'V-• , " • ' ,
A WeIl,how do you mean,put it up for public sale?
~Q.t ",.~'Pr,e ?er;:~'a;pe,t~.tion to the court asking that it be
I "."f.r ,',,'\..\,'soldab,public.:sale?'
•..~j J,:,":~..II'~Or ~~t ,~f-,\erall:tha.t I,'told 'him on that night to do
anything like that.
Q 'Do you recall receiving 'a letteifrom Mr.Donaldson
dated April,3 'in whi'chhesaid that he had spoken
wi.thJudgeSimmonsand they'had agreed that the best
¥ay to se~l ,this particular farm was to advertise it
•A
and hold a public sale after advertising the farm?
Do'you recall receiving that letter?
Yes:.
Q That was dated April '3rd?
A Yes,and I got it on the4thl think.
Ql?rior to April '3rd did you authorize Mr.Donaldson to
preseri,t a petition to sell thi.sfarm at pUblic sale?
Zickefoose -Wilson ;8
A I don't remember"if ---We discussed putting it up for
sale ~ff and on,you know,in court or public sale;I
mean,.advertising it in the'paper if we didn't get it"
•Q
A
}
"'divided.
Didn't you meet with Mr.Donaldson on the morning of
Apri~5tht9gether with Mr.and Mrs.Barkhurst?
Yes.
Q At that time did you say anything to Mr.Donaldson about
your being.surprised that it was going to be sold at
'public sale,that you had not authorized that?
A The''word that I got first was that Mr.Donaldson was
•
.....'}'putting ,it up for ~.~le•
I".~h .-.A.,-~It_AWheredidyou'get ,that word?Q({~I.~'At".:t '-.~_(l'......<1.",,"-_t .--;
From Mr.and.Mrs.Barkhurst;the'y.came to my house and
•
";th~y;.~1;.old .me,that Mr.Donaldson was putting it up for
1,_\.~."I\':l....•1"-:.t ~
,,.~.'iI····'\."~sale'.:b".,;'J':l
Q 't ..--:.~You-had received his letter of ~pril 3rd,had you hot?
~·t ..'~'f.,~'i'·~f
!','1 l",,!.h",.J ~,I
A Not yet.,and I toldthe'm that that wasn't possible,
that he couldn't do a thing like :that without my
permi:ssion,that I surely would have to sign some kind
of a paper or something.Then while they were there
talking,I happened to r.emember that I hadn't gotten
my mail yet'so I sent the"ir son down,to the'mailbox,
and he 'brought up the'letter from Mr.Donaldson.
Q Th.at ,would have bee'n what,.the 4th of April?
A Th.at wasthe4::th of Apri,l."
Q That was the letter of Apri13rd advising you about --_.
Zickef60se -Wilson 29
•
e .
A
..
.,
,
Q
",;
.
A
Right,in view of the various uffers and things that
we had had or .something like that,that he was
rec.ommendi.ng that we put it up for sale •
Up until th.at time you had not told Mr.Donaldson to
sell the 'place at public sale',,h.a.d you?
"Not that 1 recall of;not to sign any ,papers or
,
anything.As '1.say,yve discussed what we were going
~~f ~"",;~,,...4.....'"".,t ~...,~After/'y:6u ~signedl.,.the :agreemeri.tson March '29th,'Friday "t \"It .".-1 .;-...·r'·A
,,/~~'.(.~~...~~,/'.\.""':1:"
,did you go .to Mr.'i3:nd Mrs.Barkhurst's home that evenir g
I to .do i,f -_.....,•.t'.1(
Q".:Who,\1as(.W:~th.you at that time?,,'~'"'."...':t~:,~t·.,~,.~t
A My husband.
QWha~did you tell Mr~and Mrs.'Barkhurst about the
status of 'this '~greerrierit?
..A I told them that I had signed the agreement,that it
had..been changed,the corrections that 1 wanted changedi
to it,.and 1 h.a'd signed it,but don't get your hopes
up.
Q .You told them hot to get their h.opes up?
••A Yes'.
Q'You speci.fically remember saying that to them?
,,
A Something to that order,yes.'
Q
A
,
You told them it was signed,.right?
Yes..
Q You told them th,at th~ere had been changes made 'in the
-------
-of ."
~
"Zickefoose -Wilson 30
,
,.
"
"agreemerit(is 'that-correct?....
"I "",
A Yes.'.
.Q'--Was the:re .some discussion about what some of these I
•A
cha:~ges'wer.e?'.,
I ,told them as many as I could'remel'riber of what the
changes.wer'e .made 'in theagre~merit•.
..
Q Did th.ey object to any of these changes?
signed i.t and thel:"':didn I~.say a,nything about it that
,.~\•.,:1 They.tr"said nothidg in specifis's,you know,that they
"''''.i:",....,.'f~,'",,,'~~,f'~'\'1 .',,\.."....•r..<-,;,I.',;~bul.dn Ittacc~pt-'t~ator whatever.
b -.,f l 1 '\1 .,~"...",1
Q You told them what the changes were 'and they did not
.,•:.~."
A
A
,I don It reiriel'riber..,that they said anl:"'thing specifically,
...I,
:you know,.about that.I assumed that since I had
"make;~ny objf~tion about that,did they?
,..r..J~.{,'..'l>,
~o.
'~Q y.\:,~.:.'I:)~4.'y6~'tte'fl them'th'at you had,_given the agreements
>\<4:~to ".•
A
back.to ,Mr.Donaldson?
No,I don It think I.told the'm:anything about where the
•
agreements wer:eor what I ha,d done with them.
.Q Whenever you Ie'ft'their'home that evening,had you
at any time said anything to them,about having a deal
to seTl them the farm at $38 "OOo..OO?
A
Q
Pardon?
Prior to your leaving their home on the night of
March 29th after you had signed these agreements,
did you.saya:nyth~n~to them about,that you considered
----------------------
Zickefoose _.Wilson
that .you had a deal to sell the farm to them for
31
•
A
$38,OOO.OO?
I think.when I told them that I had signed it,what
the ,changes.Wl?r.eand I don't knowwh.ethet I said not
to ge.t your hopes.up or something;I wanted to warn
them that the :sale -_.-tiell,we had tried to sell
th,e 'othe'r place a couple of t~.mesand it blew up;
that I didn't want them to be too sure that 'everything
I!.•,~.It ;;....~.Q/On the/evening of!March29th.while you were in Mr.
",/.,.-.''1'(....~.~'.',....\."l..\",f"'~"-~~.~/-.,.i,..~;...·D6I1:a~dsOn ~:s ;'off~ce,didn't you,in fact,also prepare
~..,~;...~~}J"b ."f •....;;:~_,.;!r 'f:&
the papers or formulate with Mr.Donaldson·the fact
••
Q
.W~-~'.lr;:"·:as.~'~l ,!s'"ay,I can·i t·rerrien1b'e~r~whe.th,e'r'-_.-
I'~·~.•1 .:r.'l t .
Weren't both of tho'sefarms discussed that night,
on the 29th,,the one ·.to Mr.and Mrs.Barkhurst at
•
$38,000.00,and the one :to yo:ur husba.nd at $13,000.00?
A I don't recall when I signed .that deed to that.
Q Whether or not you signed the 'C!:ee::d,did you agree
with,Mr.Donaldson the night of the 29th that you
were .going-to sell the other farm to your husband at
$13,OOO.00?
A That I don't remember.We had the deed made out,'and
he made a written offer.
Q Your hushand did?
,
A Yes,and I asked Mr.Donaldson if it was necessary
,.
Zickefoose -,Wilson 32
for an a~reement.
Q To whom di,d he ,give this written'offer?
A To'Mr.Donaldson.He'mai,ledi,t to Mr.Donaldson's
•Q
office.
Did .you i,nstruct Mr~Donalds,onto convey this offer
to the ~other heirs the same way .you-did the'other
one?
A Yes,,'I did.
Q After the',29th of March when'y.ou had this discussion
with Mr.and Mr's.Barkhurst,~hen did you next see'
them that you can recall?
A Possib.ly-the 4th 'of April.
What day would it be?or Tuesday?
,
Had .you seen them prior to the 4th o'f April,'around•
.•'Th,e 4th 'was Thursday....,.,-'t,......,."1 ~_1.".,J to :~,(•.'!....,.
~":In~otp;~i,wor;ds your tes,timony is you did not see Mr.
and Mrs.Barkhurst from Ma:rch29thuntil April 4th
..~., I l ..!'f"l'I~'..)n '~..,,~,~,,,
when'theY,''came to your home on the 'occasion when you
sent someone down to get the 'mail",is that right,you
•A
had,not seen the'm during that interim?
Not that I recall.
Q When d~d Mr.and :Mrs.Barkhurst deliver to you a check
for$I,OOO.OO?
A On the '4th of April.
Q On the'4th of April?
A Yes'.'
,-~---.,-~".-----tt~-----'----------------~--------------+-----l
Q
Zick.efoose -Wilson
That check was dated what,theIst of April?
33
A :les.
Q What was the.occasion that you got together on the
•
•
A
Q
A,
Q
4th.of April?
~hat wasth.e night.that they came down to tell me
that Mr.Donaldson was putting up the property for
sale.'in court;that Mr.Barkhurst had talked to you
th.at day and you told him Mr.Donaldson was putting
up the 'proper~Y'for sale in court.So they came
down and asked me about it,and 1.knew nothing about
;mail .
Did thei give you this check before or after you got
your mail?
That I dontt recall.
"•.."i F
'.How did you come into posses.sion of the check?J'''''t \,~~l,""t ~n~
"."{",:!I'.-'~~-:~,...:.WeIIJ;·:Mr'.Barkhurst I believe it was asked if -_.-
",'-.j'\,.,",r..w
•A
He offered .to give me .thecheckfor $1,000.00.,-....,.•'to -...",.........;'•.......~.1.f..,-.,Whai.i~did h~'say thechec'k was for?
I don't know that he said what the check was for.
Q He wasn't giving it to you asa gift,was he?Did he.,
say anything to you about why he was giving you a
check..f or $1,000.0a?.
A Well,.wewerediscussing the property'so I presume ---
Zickefoose -,Wils0I.l 34
We were discussi:ng our'troubles and the :property being
up ;for sale and all and going to court,and we were all
ups'et and worried •
Q What di,d h.e say whe'n,he .gave you ,the check?
.Q Wh,at di.d you do with the ,check after you got it?•A >'WelT,I can't think ,how he '.5 t'artedout •,"..
A Mentioning giving me this 'check,and he looked at
,"Mrs.Barkhurst and they discussed giving the check,
andtheri we:talked .about some;thing else.':He brough,t
up writins this check again.He'asked her to write
the.check ,and I don't know ,whether she'ignored him.(J
or was Worrying about something else,'didn't pay any
!.".-t~·•i,r (-.".,":'.I ./-<.'
.-[j';.~~,~.•J",~a-t;::tentlon,;;to.h~m,'a:2-,d f,inaliy Mr'.Barkhurst remarked
;f.
I think about thethird.time :about giving the check,
#...>...~it ~...;..,~
.'\~f1d,she rt61d him to write 'the':check if he wanted it~"'i .j ,..-:.",'::.
written.So hewrote'out a check,toreit out of the
•
Q Who was sitting at ~hetable?
A Mrs:Barkhurst,and Mr.and myself and David.
Q Was your husband there?
•A He was there,.but I'm not sure he was sitting at the
table.
Q So what did David do withthi.scheck?·
A Tore :it out of thech,eckbookand laid it on the table
in front of him.
Q Did you see :itthere?
A I saw ·the :check layingtheie.:
Q
Zickefoose'Wilson
Di.d you haVe .any further~discuss'ion about the'farm or
35
any other business after he'put ,t9---e check on the table?
A I presume that we probably went r~ght on talking about
Mr.Donaldson'sletter and what we,were ,going to do
•Q
A
ahoutit •
Whe'riev'erMr.and,Mrs.Barkhurst got up to leave,was
the.ch,e'.ck ,still th~ere?:
Yes',still laying on the''table.
Ie
Q Did,you see it ther'e?
'A :Yes.
Q,As 'they left the''door,did you try'to give it back to
them?
A By the time :they.left the door,1 1m not sure that I
even'remember.ed:theche'c~.
Q You didn't remember'a $1,000.00 check on your table?'
I
A That'sright.I say I 1m not ,sure that I remember,ed it i
that wew~ren't talking about ,something else and it
didn't slip my,mind·abo~t,the check being on the table.,
'"':i'Q Did.you understand that check to be $1,000.00 toward
.i the'purchase 'price of that farm?-"
•""~t,,I.~'
.
..Ye.sfi~·~!?res;ul!t'e:d";.~hat IS
l ,f'.,'1.~',•._~f-~,~-1i'~':He 'never >sai,d'('anything
what ,it would be.
to the contrary,did he?
:A.:<,:,">,
f '...-,"r .",
~o"I,can I.ttsw~:ar that he "said one way or the other
,I·~..~'....,-~~~
whatthe,che,ck'.wasfor ..-I think you would have to say
(',"I ~that,we tal),...,.....-We just ,didn I't discuss it,that was
>It ~.t f,,~,>""~',·r ~'.t '.~
all.He wrote :the"checkand left it there.
Q He'snot in the :habit of writing.checks and leaving them
Zickefoose -Wilson 36
on your table,is he?
A I'm not in the habit of taking $1,000•.00 checks as
a dowripaymenton property either..,
•
Q
A
You unde.r.stood that to be.'a dow:n~ayment,didn't you?
1.do-think that I reIriarkedthat I didn't know,whether
I shou.1d accept ,the check-or not because '1 was under
th.eimpression that wh€)n .the'agreement was signed by
all of us,it would possibly be either in your office
or Mr'.Donaldson'sofficewhenev.er the 'Barkhursts or
whoever.bough.t the proper.ty si.gned it.That's when
that-I was supposed to
was my understanding of the :way :the process was to
work from ;Mr'·.Donaldson so I didn '.t know what to do
I would accept the payment for the :agreeIrient and on
'the delive.iy of the deed ,~thefinal payment .That
..about.taking the:r;.$I,OOO.OOcheCk when it's offered
'". .t..~....J'io~,~,,*,;l~..,it,o'"'~'"j ~;
(.i I ~,I .t.o me:tvhen::I f'didIi 't think~" ,!•...k ..~~':.'If 1I.,.oL ;,',;Y'"'.1".",,t·,~.,.,.,
accep.t.it.
•
I ..
~Q fl,r 'l-/;Aft'er?'Mr'.~and·Mrs.Barkhurst left ,what did.you do
..~.'[":;''4\~~~/"lor ,:"",_"..)~,.....:iJ·..·1 ••.iI~'~""'....~
't ,,'.:,,'with\'the IcheCk?·
•
A-·t r
:.-I)left~it:J:ay th.ere.;..~"'(~,,~'~,:•~~.,i •!~tl-.r",!'.
QWhen'did'you teTIM:r:'.Donaldson you had received this'
check?
A That I don't reIrie~er.because I'lef.t the check laying
th,e.refor two'or three.days and finally I picked it
up and put -it in thefile.wi;th.:the rest of the estate
papers.',.
Q Wh,at was :the,.occasionthat you and your husband and
L lL _
Zicke{oose -Wilson 37
Mr.and Mrs,.Barkhurst came to Washington the morning
of the 5 the of April?
A:'We came he'causeMr.Barkhurst asked me if I would come
•
.,up and fihd out why'Mr'.Domlldson was putting the
)?roperty 'up for,sale:j.ncourt,•
Q To whose:offi.cedid you go tnat ,morning ,mine or
l:1r.',Donaldson's?
I weht to,Mr.Donaldson's 'office.
Were Mr.and Mrs.:Barkhurst with"you?
Mrs,.'Barkhurst ,came to Wash~ngton with us.•
Did all of you go to Mr.Donaldson,'soffice?
•
What do YC?u mean all of us?
You and ,your husband and Mr.and Mrs.Barkhurst?
No.
:t'm talki,n9 a:Qoutthe morhing of the,5th of April.,
We.1.1,Mr.Zicke1foose .and I went to Mr.Donaldson's
offi,ceandMrs.'Barkhurst met Mr.Barkhurst and went
to yburoffice,I presumed•
~
Th~y~'were~f:~eve'r ~in "M;.Donaldson'sofficewith you?r'/~,i~'.':,"'".'r'~'~)
That morning?
Yes' ,,~\,"
'.f ~,~-.~,....".-'.~.')y.~l,·th:e~~:st'OJ;iped'on the way down ,to pick me up.
Q "•.I.s :t~~',sl W~e?;you had thediscus,sion with Mr.Donaldson
•!,'.\....;::.\
about why:he had prepared a petitiqnto have the farm
..,
1"
0\-
.."""..-!".Q "I'f •1
!.,.
A
'Q .",,
•f
.';A "
sold at pUblic sale,'that ~orning of the 5th?
A I told him I,came in to f;i,ndout how come he wrote the
letter and what .todo about ,it because'he had asked me
Zickefoose -,Wilson
to come :to his office that night instead.So I came
up that morning because Mr.and'Mrs.Barkhurst wanted
me :tocomeup and talk:,to "Mr.Donaldson and asked if
38
I could come and get ahold.of'Mr.Donaldson and come to
•Q
your offi.ce ..
,Did you tell Mr.Donaldson that you did not ~ant him
to proceed with 'that petition to 'have that farm sold
at )?ublicsale?
A I asked him what happened toit,what he did wi,ththe
agreerrien,t",whereit was.'
•t'
"..~..r
Q
A
Q ,"
I"
"~j.J
:1 ";;"'"
).j.
What di.d h.e ,tell you?
Ire had it.
I believe that you and your husband and Mr.and Mrs .'
'"1";""
..r ....~
BarkhurSt.rand ,Mr.D~naldsonthen:came down from hisf',".f ~.~t ,'.f6ffi(~et':to\rn';~ffi6e '·on April 5th,is.that correct?
•
c'l,IA 't'"I'Yes',.'"..",.,.k"
- -,:',~J.,~,~.,f:~","'"'
f"~~'--f .~......,..~'~....,4 i '\I
•.,~~',.j.J"1Lethne,sho,~',iouf,afcoPY of a lett'er dated AprilS,1974,
f'"f.~,a~d:r~R~~9:.:tol~r·.ZeIt from Mr.Donaldson and ask you if
.:10'J"#'-.'J..I,,J I -".
"~'Il.;',..'.l,"/...........,,,l~,.."
you rec.agnize'that letter?
Yes.
Thatlet,te.r:,,do you recall i.f Mr.Donaldson dictated
that letter in your presence?
~R.ZELT:
I1R.WILSON:
Donlt answer it.
What?
Zickefoose Wilson 39
I .',-MR.-,ZELT:Until it's marked.:If you're 'going to ask
•
,,
her,qu~stions 'atth~s'deposition about a certain lette...,
'until it's marked,:how can y-outalk about it?
CThereuponPlaintiffs',Depos:ition,Exhibit B marked for
identificati-an.l
.,
JUANITAZTCKE:FOOSE,CONTINUED EXAMINATION BY MR.WILSON:
,Q Le;.f me show you the 'letter marked as.Plaintiffs r
Dep',osition Exhibit Band asK:.you were you present
A I was in hi$officewheri he dictated it•
when Mr.,Donalds,on dictated that letter?
•Q Did you see :itin that ,form be:foreit was mailed out?
A Yes.
Q I 'm referring ,to Par'agraph2'ofthis 'letter ,it
..
says,:as follows:"Mrs.ZIckefoose is not interested
in"paying more ,than ..tha:~forth~f'arm,"refer,ring
to,the ',$38 ,000.00 offer of Mr.'and Mrs.Barkhurst.
"Mrs.'Zickef,oose knows'of ,no other,individual who
•"
will pay'mor~for the farm.'Un:less we,hear from you
•to the :effect ,tha'tyourclientorcli,ents is or are
\'":fo£th,e::farm,it is our intention
Mr.vand Mrs.Barkhurst for
"
I ..
,r'
I:,I $38t;OOP"t90.rv~~'will expeCt a reply by April 12,~"*",,..~.~~..~"'!."~.f·•t
."1974.",Wer,e~:you ~,n agreementwi,th :theform of,that
,'j,,'"...'lette'r as 'it 'was sent .out?
•r ."
You saw it beforeit
Zickefoose -Wilson I40
was sent out ,is~tha:t correct?
'A Yes.
•
Q
A
Q
Mr.Donaldson was your attorney and showed this to you
be'fore,he sent it out?
Yes:,."As 'far asI know,I saw ,it;I heard it dictated.
W~a.t was your unders'tandi,ng of who you and/or Mr.
Donalds,on we:re.referring to when .you said to -Mr'.ZeIt,
lIUfiless we hear ;from you,to theeffec:t that your client
or clients is 'or 'are willing ,to pay more,it is our,
intention to sell to Mr'.,and Mr's.Barkhurst for $38,000.bo."?
Who were.you referring to as,Mr'.ZeIt's client'or clients?
"
if they cared to raise their offer.
zel't I,S 'clients?
Yes.
To the two:children and their --,-
Were you referring to anyone ,else?'..
Anybody ,that they knew ,of ~that wanted to makeoffeis.
You mean Nolan and Robin?
Q
That who kneviof?
/.#..""''~""t,j'N,J ':t .~>#..,~.
,;A ,.,.,IMr~IZelt's .'cliehts;~,'I '(.,,•J '.'.I'or..,..,""
You mean any,of Mr.
"A
Q•A
Q
A
:f'I Q
•
,-,~........
~,.'
A'¥'t."l Oh./l ¢.??n I t~ftink I thought ,that"no.He has lots of
!(.~"),'~'t'~l i'1
""....~j.",~~f·J ,.~,.-,>c••
f 'cli,erits -besides the two,I know,:I presume.
*,WhoJwer'e',y6u refer,ring to th.en when'you said his
0...-..-*..",f'J '1 "-...,~.~f.,;.,..
clien:tor clients,unlessthei make a higher offer?
-A ..
Q
Mrs.Petre.and Mr ..Vance.
If neither of them made a higher offer,you were going
to sellth.is :farmto Mr'.and Mr's.:Barkhurst,for
$38,000.00?
Zickef06se -Wilson
A If :the,y made no hfgher'offeror if they made no
objection tothe sale or.if they didn't come in with
a higner,bidder,of ,their own .
41
•
Q
.'"~
.Y'ou mean yOU also understood that it meant they could
go out and get,somebody else that might beinteres'ted
in the 'fa rIll?
A That's what the judge ,told us :to do on that.
Q I'm,aski:ng you about·'this particular letter.
-.:"
MR.,ZELT:
MR.WILSON:
"..•'MR.ZELT:
Well,she didn't write the letter.
I'm awar~of that.So wh,at?
Well t:hen',how can you ask her what she
'meant with ',res:pect to this ,letter;it's not her letter.
MR.WILSON:
,
.I asked her if she saw this letter and
.,
concurred,in this ,'letter before it was sent out and
lettei,.•
she.#'!'
~,1
"and""-'"It ,...;,J)
"J.,<•;was'';',~":~.(.I
said she did,and she ;undeistood the terms of it
okai~d it befoie it we,tit out;she saw it before 'it..,~r4~,r,_Ai ..,t,'
\1'1.It",'~•mailed.~'I'm"asking her how she interpreted that
.O't".'1i'-'...J".~.1!l.'"
'.
MRS.ZICKEFOOSE:'I interpreted that letter that if no one
i..,.".:.;1 ,~,f:~f~·l ,-.f',,~,
••,T,I else'dnade ':,ahy higner offer than that,then I was
,willing to sell-to the'Barkhursts.for $38,000.00.
'-lL-_
Zickefoose -Wilson.
JUAN+TA ZICKEFOOSE,CONTINUED EXAMINATION BY MR.WILSON:
Q I.n otQer words,you waren '·t restricting the higher
I
42 II
A No •
offer to Nolan and Robin?
•Q
A
Q
Did Mr.Donaldson subsequeri~ly contact you about
having a hig~er offer?
Yes.
When was that?
A Letissaa,it was the next week aft'er that,after
the 5th.
•
Q
A
What'did he say·to·you?
He called me and asked me if 1 had heard from anyone,
that he had had a cal,l and that 1 should begetting a
A
.Tor.!'
'.'.'call,,that he had.:a higher,
,.4'~~.___'.~._~,..•Q •i'Di<l'you{get (that·,call?
••OJ •.of f&'>I~~•
,~.,I-,J'",I''.'
!!o ;A ,ot.o.,.1./.......J '~"'l *-I ~No,'1 dfdn't ~'
offer.
Q~,~",.Wp-o ~~~.,;t.h~i;?(..-~~.,·.·..h ..·'.-
A Mr.Brunne'r ,I believe.
•Q After he told you about th.is':9ffet,what instructions
did you give Mr.Donaldsori?"
A I don't know·that I gave him any instructions.
Q Did you tell him not to present the agreements to me
or to Mr.and Mrs.Barkhurst for signature?
A 1 had a'lready told him not to until 1 told him any
•
"'
Zickefoose Wilson
differ,en,t,and at tnat time we hadn't heard 'from the
,chfldren yet ei,th,er.'
Q')"As of the ,12th of April,,whfchwas 'the deadline to hear
from Robin and N,6lan,you never"heard anything from them
about their making ~~igger offer,,did you,than
$38,000.007
A·,No,I didn't hea:r anything.
Q ''Did Mr.and Mrs.Barkhurst ever say anything t.o you
about going out and making arrangerrientsfor a mortgage
to purchas.ethis 'farm?
A In the beginning when 'we first started talking about
buying the property,yes.
43
,
Q When would that have been roughly?•A Well,I suppose possib,iy over a'year or so ago.
Q Now between tnedateof March 29th.when you told them
that you had signed this agreement and the date of
April 4th,'when you say they gave you the check;did they
say anything to you on th,e 4th or prior to the 4th
about goi.ng and making an applicat~on for a mortgage?
•
A
Q
A
A
,
f'
~,•.il "
Not that I recall,no.
Have you followed up'on the 'offer of Mr.Brunner and
Sabatasseand Rebaro of $45,OOO.00?
What do you mean followed .uP?'".,.
into any neg,otiations with them to
','~
,What do you mean?
,..,""'~~..
After\you.,r:eceived an offer,Mr.Donaldson told you'l'~~~,r.\
~'.'~',,'0'f~......
'I.,
Zickefoose -Wilson 44
'he had an offer for'$45,OOO.OOfr?m these people,did
you prepare any agreement to sell to them or have you
negotiated with them at ~ll?
A
•,
Q
"
No,I h.aven't seen any agree~ent 'or anything.like that
with them.,r
Have 'theY indi,cated to you that they have the money and
""are ready ,,J;.'lilling and ,able to purchase the farm?
A I don't talk to them.'
Q In other wo,rds,you have donenothi'!1g else about sellinc
this 'farm?
A I'don'tdiscuss'it anymore with ,any outsiders at all.
•Q
I instruct them 'all to contact the attorney.
To y'Our knowledge has your attorney negotiated with
these ,peOple ,to se'eif they are.genuinely interested
in the'farm?
'A .,~
Q
I don't know.You wou'ld have to ask hi,m.
To'thebe'stof your,knowledge is the'only written firm
offer "you have for this farm the one from Mr.and Mrs.",.~
Barknurst'for $38,000.00?
:+,1 ."it •""';.,,)'".-\l'..~"'~~~..~\_,.'r'
.<'"*.t ~"J "J...f.4.·i '"I ~~
4'A r/;/~b,l the.rJ:~~f~~two ,other wri,tten:offers.
r,
,;~
/'c~.-.j-,
~~
Q
•
From whom are
"t't·,,,\~,,~~,.tr-
.A '\."\:'Mr.•'Donaldson~"~".~f,f'"~~'-t'~::~.t
they and how much?
has them....
Q
','"",,oj ~;:
A '·.,.
Do you know what they''are?
~...J ,_~;t,.~"f"'·~ii-f
.Yes'",',i~,know what they'are.I know the amounts that they
'are •.,.
Q How much 'are they?
A $45,000.00 and $47,OOO~00.
Zickefoose -Wilson
Q The $45,000.00 is from-Brunner,is that correct?
A Well,there's more than one person.Mr.Brunner is
one ~of them.
45
Q Yes,1.understand that.You 'also have an offer of
•A
Q
A
$47 ,0,0.0.•,O.O?
Yes.
Who i,s 'that from?
That man'sname I can ',t tell you.
McDonald or someplace like ,that.
his.name.
He'sfrom Midway or '
Mr.Donaldson has
MR.ZELT:John Michalka;Jr•
•Q Sincer~ceiving those 'offers ",have you followed up
on them as 'to negotiating with 'these people about
selling the'.farm?
A I haven't contacted.those-people;I haven I t discussed
anything wi;th any of those people.
•
Q
A
,
(<
In other words since the signing of the agreement on the
29th,you have not done any further neg'otiations about
selling this,'farm?
~
Except.tQ tell anybody w,ho contacts me or asks me to .
.,...••....'1.,,.~,"·f'"f "t ~'t.4."'""".::ir;~:,i~~.to~..:~wi,tJl /Mr:."Donaldson.
Q
•.'~t-~_~.'
To y'our k,nowledge at least two people have,Mr.Brunner
:1 \actlng''irfIiis behalf and others'behalf,and this John•.........<..:!'f <Of ,
4-~J~_f ...,..},~,,..J.'-...f 'ft,:'";~
Michalka,Jr.,is that correct?
i71..-•'i,'.''''~~'~¥es!I ~.'",".,..,.
,.;..,
>;
i ~I t
t'
----------~-----------~~---~---------
Zickefoose -Wilson
Q :You have not prepared any agreemen't of sale to any of
these parties,have 'you?
'A -No.
46
Q Are :you waiting for $omething over $47,000.00?
I haven't accepted anymor~offers or anything•.1 haven t•A
talKed to anybody.I have been'told by otner people
•
,
that they are waitipg to make offers as soon as I'm
wanting to accept them.
Q Isthe'reany particula:r reason why you're not negotiati g
Q As far as you know,.the only people that have put it
in writing to you and givenyou a·date when they would
come up wi,ththe money',etc.are Mr.and Mrs.Barkhurst
is that correct?
A I don't knoW'what the other agreements ---I have
'"\!;~'.:
r""i ,onll:,"'read them in Mr.Donaldson's 'office.I don't
''''';.;"'!'v.'-,1,::;.."'~!.£......"'),.t''''!'",'"..
"•~I,'{,.~,J,,,v ,'I ,.'~,.~,r.t '~.~."Jk !"•'h''t'~"h"f'~f ~t t d'~~::.'r"";.,,:t now ,~a~I'~e-t15 ?.~;rs sa ~•
Q Di,d you ev,er say anything 'during the course of the
•
'>j;,
I',
A
f"t.."C'""'~'.'I,~\~,-..t"~;/1,1-,.r"~eg.o~~a~.iors w~thMr.and Mrs.Barkhurst either before'
....~,.....~~.'....'t"~k~·.
or after,thisagreemen't was signed to the effect that
,.,/'~....~.",,_""t .fll':·-,..'",you did not·Ylant to sell this farm ,to third parties ,.
you would prefer to either sell it to them or to your
niece and nephew?
I imagine that several times I remarked to all of them
thatIpreter'redto keep,this property in the family .
Q Is it your underst'anding that you must sell this farm
Zickefoose -Wilson
to the highest bidder reg.ardlessof who theiare?
A It fS my'understanding,and I feeT it's my obI~.gation,tc
,.
seTl the farm for as inuchmo~ey as it is worth to
47
•Q
anyone.'
When'ever you agreed to seTl the farm to your husband
a,t $13,000.00,did you go out and try to actively
solicit higher'offersfrom anyone else other than the
...
"A Yes,we 'h.ad other offers.
Q They were les'sthan $13,000'~00?
A .Less'than $13,000.00',yeS:.We had one higher one,
•
which I.<;luess backed out on us.
in wri.ting and that was it•
'.~'
TheY wouldnft put it
MR•.WILSON:I have no further questions at this time.
* * * * * * * ***
••(TESTIMONY CLOSED
."
DEPOSITION CONCLUDED)....-...... .
.,
"...f
.~
,~f
,"t,_..........\"'t-
,i
•
•
48
CE R T'IFI.,CAT E
COMMONWEALTH OF-~ENNS~LVANIA )
)SS:
COUNTY OF WASHI.NGTON )
I,CAROLE N.BECK,a Stenographer and Notary ~ublic -in ,
and for the Commonwealth of Pennsylvania,do'hereby certify tha
the witness,JUANITA ZICKEFOOSE,was first duly sworn by me to
testify to the:,truth,thewh.oletruth.and nothincjbut the
truth;t~,at the 'foregoing deposition was taken at the 'time and
,,
place specified on the first'page hereof;that the deposition
was reported'in shorthand by me and.subs,equentlytranscrib~<;1 by
me;and that ,the for~g:oing pages 'are'a true 'and accurate transc ipt
of all the ,testimony reported by me i.n the withinproceeding:
I fuxthe'r certify that 'lam not a relative or employee
of any of the ,parties or counsel involved in this'proceeding,
and that-I am not interested,ei~her directly or indirectly,
in this proceeding.
IN WITNESS WHEREOF,I have hereunto set my hand and
notarial seal this 22nd day of October,1974 .
••P"\<.d'~.-,
~'.':');\;\01 ,~~,:.
.)\'.\~.~-....t~'i'\-
;.:_''Jl .;......'t ~.
"'./l'O;'"
"'.::-,!i J.i'A..}0{
:~~~,;1'-"\.CAROLE N.BECK.Notary PuWle
Washington,Washi~9ton CQ':'~~lla 1971~Y Co~mi~~~~r~N~--
WASHINGTON COUNTY BAR ASSOCIATION
WASHINGTON,PA••-:::,
CNl6-9 ~13-79-
l\gfrrturut
.REA~.':'~OPERTY AGREEMENT k i''''-rX'J)J/1 /·r II!
FORM "'0.~~31....U I","/~II• , •5~...."'("~~,.~.
Made the day of 19 74 I
Between JUANITA ZICKEFOOSE,Executrix of the Estate of Hazel C.Vance,a/k/a
Mrs.H.D.Vance,deceased-------------------------(hereinafter called "Seller")and
DAVID L.BARKHURST and HADE LON V.BARKHURST,his wife,---------------------____.---_------------------------,ofhereinafter called "Buyer").
WITNESSETH,that for the consideration hereinafter .set forth and intending to be legally bound the Seller and
Buyer mutually agree as follows:
1.Seller agrees to sell and convey to buyer on or before June I,1974
by specia1 ,warranty deed in fee simple absolute,clear of all mortgages,judgment liens
and tax liens and other encumbrances affecting its marketability (except as hereinafter set forth)all the real property
described in Paragraph 8 hereof.
2.Buyer agrees to purchase said real property and to pay Seller therefor the sum of Thirty-eight
thousand and no/lOO-----------($38 ,0qO.00 )Dollars as follows:The sum of $1,000.00
to be paid upon the execution of this Agreement,the receipt whereof is
hereby acknowledged,and the balance of Thirty-seven thousand ($37,000.00)
Dollars upon the.date o~settlement..
/
....
,upon the execution of this Agreement
3.Possession\hall be giver{roxxxxxxxxXExxxXXXXXXxxxxxMkxxx,and settlement shall be made
at the office of Seller's attorney on June 1,19 74 ;or as follows
4.Buyer and Seller shall each pay one-half of all state and local realty transfer taxes payable upon this
transaction,but real estate taxes,sewer charges,and rents and royalties shall be prorated on a calendar year basis
between Seller and Buyer as of date of delivery of possession of the premises,except as hereinafter set forth:.
5.From and after the date of this agreement,insurance shall be provided and paid for as follows:
Seller shall add Buyer to any 'existing fire insurance policies as an insured
party which said policies shall be in the minimum amount of $38,000.00.
6.Time is not of the essence .of this Agreement.·
7.The parties further agree as follows:It is hereby agreed between Seller and Buyer
that if Buyer cannot obtain financing in the amount of $30,000.00 within
Twenty-one (21)days from the date of this Agreement,this Agreement shall
become null and void and all,monies paid toward said purchase price shall
be refundrl mBuyer.In the event that the Seller,in her capacity as
Executrix,should be prevented from conveying this property by Order of
Court,this Agreement shall become null and void and all monies paid by
Buyer shall be refunded to Buyer.
~.-
8.The real property which is the subject of this Agreement is described as follows:
ALL that certain tract or parcel of land situate in Robinson
Township,Washington County,Pennsylvania,which is more particularly
described on Exhibit "A"attached hereto and made a part hereof.
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9.If Buyer defaults in payment or performance for 60 days,Seller may,at Seller's election,
use one or more of the following remedies in addition to or instead of any other remedies provided by law:
(a)rescind this agreement and retain all sums paid on account hereof as liquidated damages,in
which case'Seller shall retain title to the real estate free and clear of any obligation or duty to Buyer and Buyer
shall surrender this Agreement for cancellation;
(b)eject Buyer from said real estate,for which purpose Buyer hereby authorizes any attorney
of any Court of Record to appear for Buyer and confess judgment against Buyer in an amicable action of ejectment,
with immediate writ for possession of the real estate and for damages,to include attorney's commission of 5 %.
or $,r 1,000.00 and costs,hereby waiving stay of execution,exemption and inquisition,with release of all errors;
(c)affirm this agreement by delivery of deed to Buyer,declare all sums due hereunder to be
forthwith due and payable,and cause judgment to be entered therefor,for which purpose Buyer hereby authorizes
and empowers any attorney of any Court of Record to appear for Buyer and confess judgment against Buyer for
the whole balance due,together with interest,attorney's commission of 5 %or $1,000.00,and costs,
and hereby agrees to immediate execution thereon,waiving stay of execution,exemption and inquisition,with re-
lease of all errors.
10.This Agreement shall extend to and benefit and bind the heirs,executors,administrators,successors and
assigns of the parties.Whenever used herein,the singular number shall include the plural,the plural the singular
and the use of any gender shall include all genders.
NOTICE -THE USE OF ONE OR MORE COAL CLAUSES MAY OR MAY NOT BE REQUIRED BY LAW WITH THIS
AGREEMENT.
WITNESS the due execution hereof the day and year first above written.
WITNESSED BY:
···Juaiii·ta..···Z·ickeTo6s·e·~····Ex·eC"uti i~E'6~)the
-...&..~.t..~J.~....9..f.....H.~..~gl...G..~....y.9..g~.~..L.J!l~AiL¥r s ••w.D.Vance . ,
...............................................................................:(~)
...Da\t'ia L·~B;;3'rRhurst (SEAL)
..'Ma·a.elori..'V.~Ba·rkhur.s"t (SEAL)
.......................................................................................................(SEAL)
----:,;=.::::;::,=:_;=,=======:--:~,:":=:==========,.",..._---,,======,===,.,-~~~--=:a"~~"',.-.-"........~.
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~:~;:fYO~:~.%.~~~~~~~~~...........................................f55.
On this,the day of...,,19 ..7..4.,before me,.a No.tar:y..P..uhli~
the undersigned officer,personally appeared DAVID L.BARKHURST and MADELON V.BARKHURST h/w
known to me (or satisfactorily proven)to be the person S whose.name S subscribed to the within instrument,an~
acknowledged that they executed the same for the purposes therein contained.
In Witness Whereof,I hereunto set my hand and official seal.
........................................,..
........................................................................................................................
My Commission Expires H
STATE OF PENNSYLVANIA
COUNTY OF WA.S,BJ..NGT..QN ..f SS.
On this,_the day of...,19 7,4,,before me,a No.t.ar.y.E.ublic,
the undersigned officer,personall)'appeared JUANITA ZICKEFOOSE,Executrix of the Estate of
Hazel C.Vance,a,lk/a Ht's.W.D.Vance ....known to me (or sa11sfactonly proven)to be the person whose name subscnbed to the wIthm mstrument,and
acknowledged that she executed the same for the purposes therein contained.
In Witness Whereof,I hereunto set my hand and official seal.
........................................................................................................................
My Commission Expires .
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ..
RECORDED on this day of..A.D.19 ,in the Recorder's Office
of the said County,in Vol ,Page ,..
Given under my hand and the seal of the said office,the date above written.
:;
.......................................................................:,Recorder'
....
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JAMES R.DONALDSON
ATTORNEY AT LAW
614 WASHINGTON TRUST BUILDING
WASHINGTON,PENNSYLVANIA 15301
TELEPHONE (412)225-5920
April S.1974
Wray G.Zeit 111
Attorney at lAw
23 East 1\e4\l Streat
Washi.nston.Pennsylvania 15301
'INU,.~el C.V4m¢$Estate
BURGETTSTOWN OFFICE i •.
MELLON N....n El....NK ....NO TRUST BLDG.
BURGETTSTOWN.PENNSyLV...NI....111021
WEIl....ND FRI."'"ERNOONII
'l'b.1s is to notlfy you that tb.e &x~cutJ;'£X Qf the above estate
hao ~f1rm offer of $38,000.00 for the Robinson 'J:OWU$hip rarm from .12:.&nd
Mrs.David Ba1:'khurs t..'.
Mrs.Zickefoose 1s not lnterestad in paylns mol'S than that
for the fanu.Mrs.Zickefoose knows of no other lncUovldual who wlU payV'
more for the farm.~les8 we 1:\$&1"£r_you to the effect that )'out'client,
Ol:cUents,lG or are wl111ng to P$1 more for the fat'11l,it is ()ur iatentlon
to sell the SImO to )11:.and Mrs.I$42:khut8t for $38,000.00..
We w111 expect a repl)'by April 12th,1974.
"/ArthUl')f..Wilson,Esq.
Hr';,J'uanJ.ta Zlekefooae
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Arthur M.Wilson,Esq&#lf~.~i·:~
representing the p1a.i.ntf.i!B£sj~.:';·\\~{1i;;~'5i
Wray G.Ze1t,III,Es9liii,.e:,,ah~,':
James R.Donaldson,ESqp.:Vre{/,;~:\:·:'
representing the defeD:darlt.,'d
* * * * * * * * * **
).'...AND;NPW,this /8 .day of November,1974,:I ~h,~re ,fre~.~~p.t.ofthe:·sumor .$58.20 for the ox:igina1 withiln cr~p~s~~'"
Art\ii..tr M.Wilsm,Esquire,Attorney for Plaintiffs.;
DAVID L.BARKHURST and
MADELON'V.BARKHURST,
his wife,
Plaintiffs,
Defendant.
vs.
JUANITA ZICKEFOO~E,
Executrix of the Estate
of HAZEL C.VANCE,
Deceased,
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••,""'~,1';',.'-:c',~"'.,.~~:':b~~;'~~,,,...;~\~~~..;aken on FRIDAY,SEPTEMBER 13,1974,at~;~?\~I;.
"'="''''~;.X;r~~,(·:i-\·,~~~:~t~'..;.:{l.t.tl1.e Law Offices of Greenlee,Richman"D~F:r;,i:~.
';.··.~:...~,~,,~~~~:~.J3·25lf~shington Trust 'Bui1ding,Washington.{<;~eiiil'.
...!!'"..;.,(it,xthe instance of the plaintiffs herein,'h~for:,.¢
BECK~Stenographer-Notary Public.'..
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