HomeMy WebLinkAboutOC1970-0608 - ESTATE OF MOTENIN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF
PHILLIP MOTEN,DECEASED
)
)
)
No.63-70-608
PETITION FOR SETTLEMENT OF
AN ESTATE OF LESS THAN $2,500.00
TO THE HONORABLE P.V.MARINO,JUDGE OF SAID COURT:
The Petition of Edith W.Patterson,Administratrix of
the Estate of Phillip Moten,deceased,respectfully represents:
1.The decedent,Phillip Moten,died intestate on
February 1,1969,a resident of 820 Grove Avenue,Washington,
Washington County,Pennsylvania.
2.The said dec~dent died from injuries received when
he was struck by an automobile driven by Vincent R.Aiello.
3.The said decedent left no personal property,but
his estate consists of the following:
a.State Farm Mutual Automobile
Insurance Company check in
settlement of funeral expenses
of decedent
b.Social Security death benefits
Total
$980.00
165.00
$1,145.00
4.The decedent left surviving him the following named
heirs and next of kin:
a.James L.Moten,son,126 Morris
Avenue,Beckley,West Virginia
5.Letters of Administration were issued to Edith W.
Patterson,your petitioner,by the Register of Wills of WashingtoI
County,Pennsylvania,on June 16,1970.
6.The aforesaid assets of the estate are to be used
in full to pay and discharge decedent's creditors,as follows:
a.Pittman Funeral Home,Avella,
Pennsylvania,funeral bill
b.Edith w.Patterson,for costs
advanced for Letters of Admin-
istration,Short Certificate,
Administratrix Bond Premium,
and filing of this Petition
c.Greenlee,Richman,Derrico &posa,
legal services
Total
$980.00
30.00
135.00
$1,145.00
WHEREFORE,your petitioner prays that your Honorable
Court award and set aside the entire assets of the estate to
Edith w.Patterson,Administratrix,to pay the funeral bill and
to pay the unpaid creditors listed above,free of all claims of
the heirs of the decedent,all in accordance with the provisions
of Section 202 of the Fiduciaries Act of April 18,1949,P.L.
512,as amended,and the rules of your Honorable Court.
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Edith w.Patterson,Administratrix
of the Estate of Phillip Moten,
deceased,petitioner
-2-
'.
COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF WASHINGTON )
Before me,the undersigned authority,personally
appeared EDITH W.PATTERSON,who,being duly sworn according to
law,deposes and says that the facts set forth in the foregoing
Petition are true and correct to the best of her personal
information,knowledge and belief.
SWORN to and subscribed before me
,t;his c:2fltft'day of ~~~:::::-_,1970.
Nota~.~Pub ic -Washington,
Washington County,Pennsylvania.
......:
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.~My Commission Expires:
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-3-
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF
PHILLIP MOTEN,DECEASED
)
)
)
DECREE
No.63.70-608
AND NOW,
having been prese
~~~~~~~_,1970,the foregoing Petition I
e Court,upon consideration thereof,
and upon motion of Greenlee,Richman,Derrico &posa,Counsel for
the Estate,
IT IS HEREBY ORDERED AND DECREED that the assets of
the estate of Phillip Moten,deceased,set out in said Petition,
and being decedent's entire estate,as follows:
a.State Farm Mutual Automobile
Insurance Company check in
settlement of funeral expenses
of decedent
b.Social Security death benefits
Total
$980.00
165.00
$1,145.00,
be and are hereby awarded to Edith w.patterson,Administratrix
of the Estate,for the purpose of paying the funeral bill and
for payment of the unpaid creditors set out in the Petition,free
of all claims of the heirs of the decedent,agreeably to "the
provisions of Section 202 of the Fiduciaries Act of April 18,
1949,P.L.512,as amended,and the rules of this Court.
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FORM 67
"·J'REV.:~-50
REG.WILLS
!\pplitatiuu fur 14~ttrr!i uf !\~tttiui!itratiuu uu tq~
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Estate of ~.!~~.!~~Q'!.~~"
late of.......9..!~y....9..;....W~~.~.;.~,g.~.9.~.,....W~.~h;~g~.9.~....9..Q~~.ty.,Deceased.
Before the Register of Wills of Washington County
personally appeared ~.P.Jlli..J(,rA1'.r;r..~R~9.N ~: .
who,being duly sworn deposes and says that ?BJ1~I?~QJ~N ..
age 2..?.,having h.!§last family or principal residence at.....a~.Q G.r..Qy..~Ay.~nY:~.~.
""(Street and Number)
...............W.~.~.~.~P.:g.~~~,Washington Counfy,Pennsylvania,died intestate
"(City.Borough.Township)
at...W~.~hi.DgtQn.~p..~Dn.~.y.ly.~ni~,on the l.~.tlay of F.gP.h.U.~h.y .
A.D.,19 §.~,at...~M.,possessed of personal estate to the estimated value
$....v.n~~QW:n ,and of real estate in the Commonwealth of Pennsylvania to the estimated value of
$Unknown . ..............,,SItuate In ..
The names arid addresses of the decedent's surviving spouse (if any)and other heirs (including:
heirs by adoption)are as follows.
RET~ATIONSHIP "RESIDENCE",'""126 Morris Avenue
....J:.~~.~~..!)~~9.~.~P.:,~.9.~B.~c..k.l~y.,W.~§.t V.i.~.gini~Z5..6..Ql
Edith W.'patterson sister R.D.#1 Avella Pa.15312.........................................................................................................................................................................."".
...!:::.:.~~~~~.~~?.~~.~~!~.~~~!.~..~p...~tf..t,BJ£~Q~yJ r.?.~..
John Moten brother Box 206 Rea Pa.15356............................;,,;:;..
....W.~~E.~~~9..~~~p~9..~h~~~.Q~~.9..e..,Ay~.ll~.,r.~..,1.,5..~lZ ..
=~M::~i~·F;;~~~·······························!'.:i;~:~······:~gRiU~~~~~!~d!.~i),=::=...••..........................................................................................................................................
....~.~..~R~.~h ~.~P~.~~.;~.;t.~..~.~~~.g~5.~.."Q~J.qJ.~le..~r.~..Il .
Mr.Howard Moten brother 457 McLister Ave.,Mingo,Ohio
That deponent is over 21 years of age,resides at...R...,p...,....1I.J.."Ay.~ll.~.,~..~.
..........................................................:~~.~P:~.y..!.y..~P.:~~!?~.!.?~:~:.
is a citizen of the United St~tes and a resident of Pennsylvania,and respectfully applies f?r Letters of
Administration upon ;he Estate of said decedent,no letters having been previously issued thJreon.
. ./t ~--r ,~.7 ~--.J--Sworn a1 s scnbed before me thIS............................../..pd~...';Z;(./~~.:?td ..-L~-:d.........
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COMMONWEALTH OF PENNSYLVANIA}SS:
WASHINGTON OUNTY,"¢'..
A~d now........(.,.~~..~,197..Q ,comes EDIIH...Y.l.P.,ATTERS.QN .
who being du worn doth depose and say that..~h~will well and truly administer the goods and
chattels,rights and credits of p.»..~~J.p...J1.Q1.~N :,deceased,
to the best oLb.e.:r.....skill and judgment in strict compliance with the laws of this Commonwealth,mind-
ful of the laws relating:to inheritance taxes.
REGISTER
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~_~~-71)-?ifF ~:
'i APPLICATION FOR
Letters of Administration
ESTATE OF
PH ILLIP MOTEN•••••••n .
Deceased
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$..
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_.,.,.;."..~i...
~.,.......'.
rv ~.
R $..
Letters .t?~C/P $/.
Extra Alias $• • • • • • • • • • • ••••u ..
Certificates 1'4..C?-$!:./,.q..~
Renunciations//7 $/..t..q ~1
t.nGREENLEE.+RIC.H.MAN."..P.~~IqQ...~....~Q~~...
Attorney s
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03-7D-lc;o·g '..:1,~
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ESTATE OF
...PHIL IP MOTEN ...........______,_ _DECEASED
The undersigned _______:___...and heirs
of .._~h!.!.!p.~~.~!:.!L :~lateof N~.~.h;..~.8..~Q.tlJennsyl vania ~
d h b theof r .h d'.....;Sdecease,ere y ,renounces ~.........rIg t to a ffilnlster on _ _....AU:..c;)estate
tf 11 k)th .L'fAd ...'.b'd Edith'W'Patterson,and respec u y as 's at etters 0 mmIstratIOn e,'Issue to _.._....•__._
-_.__-______~-___.__.__.."__--._---------
,Signed in the presence of:
-------_.__-..-__ _.
-----_.•_---_.._.__.._-_.._..
--_._-___.__.._._--_..__'~.._..
-_..---_._--_-_.._.
-------_.--_...._--_.-
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'70 JUN /5 PH 2 55
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I(nnlU 1\11 :!Ipn iy UJllest 'resents
Estate of ~.~~.~.~~Qr~~t..........................................}N f 19C•t f W h·t 0...............................0 ..
late of ;\:.Y.Q ~§;t..ng Qn ,Deceased
KNOW ALL MEN BY THESE PRESENTS,
That we,E.D.ITH :w FAT.TERSO'N and.TBAVELERS I.NDEMNITY.C.OMPANy ..
all of Washington County,Pennsylvania,are held and firmly bound unto the Commonwealth of Pennsyl-
vania,for the use of those interested in the estate,in the sum of....~~~hQY:~.~P.:g Dollars,to
be paid to the said Commonwealth,to which payment,well and truly to be made,we do bind ourselves,
jointly and severally,for and in the whole,our heirs,executors,administrators,successors and assigns,and,....'t~h .
each 1d every of them,firmly by these presents.Sealed with our seals and dated the /.day of
.................I/...~.~A.D.,one thousand nine hundred and S.e.y.e.nt.y,.(.1.9.1.Q.).
THE CONDITION OF THIS OBLIGATION IS,That if the above bounden .
......................................................f;.P..l'l.'H W..t P.#.\'1'.T.~R.S.QN ::~.
.et;ed in the presence of:~~~....:.~~SEAL)
............................................................................~.......~::~:~;.~~.AL)
1'.MY.~.~.~~.....!~§.~l!X ....9.9Mr.A.WEAL)
J1~~;;y~;;:f!~t..::<~~:;
itatrmrnt nf iurrty .ro·"""::s ~
".,r•-..--.~~=."'"-'-'",.I,,surety In the sum of $,Io~.·j;he
administration bond in the estate of ,say that I reside at
..............................................................................,Washington County,Pennsylvania;that I am the owner of real estate,
the title to which is in my own name and duly recorded,situated in ,
Washington County,Pennsylvania,worth above all encumbrances $;and .that I am worth
the amount expressed in said bond,over and above my just debts and liabilities.
Administrator or any of them,shall well and truly administer
the estate according to law,this obligation shall be void as to those who shall so administer the estate;but
otherwise,it shall remain in force.
Street :.::P.O.
jtattmrnt nf ~urrty
I,:;,surety in the sum of $on the
administration bond in the estate of..,say that I reside at
..............................................................................,Washington County,Pennsylvania;that I am the owner of real estate,
the title to which is in my own name and duly recorded,situated in ,
Washington County,Pennsylvania,worth above all encumbrances $;and that I am worth
the amount expressed in said bond,over and above my just debts and liabilities.
Street P.O.
COMMONWE...ALTH.·OF PENN.SYLVANIA,}SS.
WASHINGTON COUNTY,.
Ana :pow 19 comes ..
who being duly sworn,says that he is acquainted with the financial standing of the securities to the within
bond;that the said obligors have each executed the said bond and that the sureties thereto are the owners
of real estate in their own right of value more than the penal sum of said bond over and above all incum-
brances and exemptions.
Sworn and subscribed before me this ..
day of A.D.19 ..
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b3-70-bOfl
No./t/..3/
A~mi1ti.!1tratio1t 1Bnurt
IN THE ESTATE OF
PHILLIP MOTEN
And now ~une 16J ~J1 19 70-7---.;:;J.A;--<::::J ._-
Pm;:O -Bond G'Pp~v~and L~ers issued to
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-:-Cf)u):J:J::E4:tiS1'f~.0.PJ!:ttd!1son
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20 '--'.:.:.::?,-",'-"'\fllli:'~lls d~~qualified.
-..;;;:;;.T --",...;• - -I'""V..r-Z
IJ r-~.(.11 9Russabl Marino
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~Register
Bond Book 63 Pag.e 295
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~2
GREENLEE,RICHMAN,DERRICO &POSA
Attorneys at Law
19
.
"
.~
The Travelers Indemnity Company
Hartford,Connecticut
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That THE TRAVELERS INDEMNITY COMPANY,a corporation of the State of Connecticut,
does hereby make,constitute and appoint
-------G.Herschel Fetherlin,Loren W.Carl,both of Washington,Pennsylvania,EACH
its true and lawful Attorney(s)-in-Fact,with full power and authority,for and ·on behalf of the Company
as surety,to execute and deliver and affix the seal of the Company thereto,if a seal is required,bonds,
undertakings,recognizances,consents of surety or other written obligations in the natu're thereof,as follows:
--------Any and all bonds,undertakings,recognizances,consents of surety or
other written obligations in the nature thereof not exceeding in amount
Fifty Thousand Dollars ($50,000)in any single instance
and to bind THE TRAVELERS INDEMNITY COMPANY thereby,and all of the acts of said Attorney(s)-
in-Fact,pursuant to these presents,are hereby ratified and confirmed.
This appointment is made under and by authority ofthe following by-laws of the Company which by-laws
are now in full force and effect:.
ARTICLE IV,SECTION 11.The Chairman of the Board,the President,the Chairman of the Finance Committee,
the Chairman of the Insurance Executive Committee,any Vice President,any Second Vice President,any
Secretary or any Department Secretary may appoint attorneys-in-fact or agents with power and authority,
as defined or limited in their respective powers of attorney,for and on behalf of the Company to execute and
deliver,and affix the seal of the Company thereto,bonds,undertakings,recognizances,consents of surety or
other written obligations in the nature thereof and any of ·said officer~may remove any such attorney-in-fact
or agent and revoke the power and authority given to him.
ARTICLE IV,SECTION 13.Any bond,undertaking,recognizance,consent of surety or written obligation in the
nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board,the
President,the Chairman ofthe Finance Committee,the Chairman of the Insurance Executive Committee,any
Vice President or any Second Vice President and duly attested and sealed,if a seal is required,by any Secretary
or any Department Secretary or any Assistant Secretary or when signed by the Chairman of the Board,the
President,the Chairman of the Finance Committee,the Chairman of the Insurance Executive Committee,any
Vice President or any Second Vice President and countersigned a'nd sealed,if a seal is required,by a duly
authorized attorney-in-fact or agent;and any such bond,undertaking,recognizance,consent of surety or written
obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed,
if a seal is required,by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority
granted by his or their power or powers of attorney.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu-
tion adopted by the Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called
and held on the 30th day of November,1959:
VOTED:That the signature of any officer authorized by the By-Laws and the Company seal may be affixed by
facsimile to any power of attorney or special power of attorney or certification of either given for the execution of
any bond,undertaking,recognizance or other written obligation in the nature thereof;such signature and seal,
when so used being hereby adopted by the Company as the original signature of such officer and the original seal
of the Company,to be valid and binding upon the Company with the san:te force and effect as though manually
affixed.
This power.of attorney revokes that dated August 18,1958 on behalf
of G.Herschel Fetherlin,Loren W.Carl
IN WITNESS WHEREOF,THE TRAVELERS INDEMNITY COMPANY has caused these
presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 28th
day of February 1968 .
THE TRAVELERS INDEMNITY COMPANY
By
State of Connecticut,County of Hartford-S5:
On this 28th .day of February in the year 1968 before me personally
came C.Roger Wheeler to me known,who,being by me duly sworn,did depose and say:that he resides in
the Stale of ('uIlllecticut;that he is Secretary (Fidelity and Surety)of THE TRAVELERS INDEMNITY
CUM I'Al\Y,the corporation described in and which executed the above instrument;that he knows the seal
()f Se)id corpora lion;that the seal affixed to said instrument is such corporate seal;that it was so affixed by
authority of his office under the by-laws of said corporation,and that he signed his name thereto by like
authority.
S-1869 REV.7-65 PRINTED IN U.S.A.
Notary Public
My commission expires April 1,1969
(Over)
CERTIFICATION
I,Wm A.Shrake,Assistant Secretary (Fidelity and Surety)of THE TRAVELERS INDEMNITY
COMPANY certify that the foregoing power of attorney,the above quoted Sections 11.and 13.of Article.IV
of the By-Laws and the Resolution of the Board of Directors of November 30,1959 have not been abridged
or revoked and are now in full force and effect.
Assistant Secretary,Fidelity and Surety
19 ?()
w·~a.
/P/C dayr
~
Signed and Sealed at Hartford,Connecticut,this
8-1869 (~ACK)
..
"'"'-,......,,
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF
PHILLIP MOTEN,DECEASED
)
)
)
No.63-70-608
PETITION TO AUTHORIZE ADMINISTRATRIX
TO SETTLE SURVIVAL CLAIM
TO THE HONORABLE P.V.MARINO,JUDGE OF SAID COURT:
The Petition of Edith W.patterson,Administratrix of
the Estate of Phillip Moten,deceased,respectfully represents:
1.'Petitioner is the Administratrix of the Estate of
Phillip Moten,deceased,Letters of Administration having been
issued to her by the Register of Wills of Washington County on
June 16,1970,upon entry of One Thousand and No/100 ($1,000.00)
Dollars security.Petitioner has not advertised the grant of
Letters.
2.The decedent died on February 1,1969,as a result
of injuries sustained when he was struck by an automobile driven
by Vincent R.Aiello of Turtle Creek,Pennsylvania.Decedent
was crossing Interstate 70,a four-lane divided highway,near
the Jessop Place Exit,in the City of washington,Washington
County,Pennsylvania,at the time he was struck.
3.The decedent was fifty-seven years of age at the
time of his death and resided at 820 Grove Avenue,Washington,
Pennsylvania.
4.The decedent died intestate,leaving as his only
heir at law,a son,James L.Moten,of Beckley,West Virginia.
''>,
5.The said James L.Moten,did not bring a wrongful
death action within the statute of limitations period.Further-
more,he has neglected to take any action with respect to the
survival action.
6.Your
as a sister of the
petitioner was granted Letters of Administrati~'
decedent,a resident of the Commonwealth of
Pennsylvania,and in behalf of the brothers and sisters of the
decedent,who have guaranteed payment of the funeral bill.
7.Although no survival action was undertaken by your
petitioner,an offer of settlement of the claim against Vincent
R.Aiello for the amount of the funeral bill was made by State
Farm Mutual Automobile Insurance Company.
8.Your petitioner believes that an action against
Vincent R.Aiello would not result in a settlement or verdict in
an amount greater than the amount of the offer of Nine Hundred
Eighty and No/100 ($980.00)Dollars,which petitioner believes is
the best that can be obtained,and that it would be advantageous I
to the estate to accept the offer,rather than undergo the hazard~
of a trial.
9.Decedent left no estate other than the claim for
his death,except for Social Security benefits in the amount of
One Hundred Sixty-Five and No/100 ($165.00)Dollars.
10.Decedent's creditors are as follows:
a.Pittman Funeral Home,Avella,
Pennsylvania,funeral bill
b.Edith W.patterson,for costs
advanced for Letters of Admin-
istration,Short Certificate,
Administratrix Bond Premium,
and filing of this Petition
c.Greenlee,Richman,Derrico &Posa,
legal se~vices
Total
-2-
$980.00
30.00
135.00
$1,145.00
11.The offered sum of Nine Hundred Eighty and No/IOO
($980.00)Dollars together with the Social Security benefits
would be entirely consumed by the payment of said expenses.
12.~lthough counsel has incurred expenses of inves-
tigation,in conferen~es and in preparation of petitions and
securing Letters of Administration,counsel has agreed to accept
for its legal services,such amount as would remain after payment
of all expenses.
WHEREFORE,petitioner prays your Honorable Court for a
special leave to dispense with the advertising of the grant of
Letters,to approve the proposed settlement of the survival claim
in the amount of Nine Hundred Eighty and No/IOO ($980.00)Dollars
and to authorize petitioner to pay therefrom and from the Social
Security benefits,the funeral bill of Nine Hundred Eighty and
No/IOO ($980.00)Dollars,Edith W.Patterson for costs advanced,
and counsel fee of One Hundred Thirty-Five and No/IOO ($135.00)
Dollars,pursuant to the Fiduciaries Act of 1949,Section 513,
20 P.S.320.513,and the Act of July 28,1953,P.L.659,20
P.S.1151 et seq.,and the rules of your Honorable Court.
Edith W.Patterson,Administratrix
of the Estate of Phillip Moten,
deceased,petitioner
-3-
.,.
COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF WASHINGTON )
Before me,the undersigned authority,personally
appeared EDITH W.PATTERSON,who,being duly sworn according to
law,deposes and says that the facts set forth in the foregoing
Petition are true and correct to the best of her personal
information,knowledge and belief.
~M-e~A£~Edith W.Patterson
SWORN to and subscribed before me
.,,,t,Q~sa2f~day of c-1.~o ,1970.
Cfl~a ~,L~~/
~Notattf_ru1S1ic -washington,
wash,i~gton County,Pennsylvania..~"-MY~CQ~fsSiOn Expires:~~&2-.3
........."............."...',"."..."
-4-
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF
PHILLIP MOTEN,DECEASED
)
)
)
No.63-70-608
ORDER
hereby granted to Edith W.
__~;-__~_,1970,upon consideration ofANDNOW,
the foregoing Petit
Patterson,Administratrix of the Estate of Phillip Moten,deceased
to compromise and settle the survival claim set forth in the
Petition,for the sum of Nine Hundred Eighty and No/lOO ($980.00)
Dollars and to execute proper releases therefor.
IT IS FURTHER ORDERED AND DECREED that Edith W.patterso ,
Administratrix,is granted leave to dispense with the advertising
of the grant of Letters;and is authorized to pay from the said
sum of Nine Hundred Eighty and No/lOO ($980.00)Dollars,together
with the Social Security death benefits of One Hundred Sixty-Five
and No/lOO.($165.00)Dollars,the following:
To Pittman Funeral Home,Avella,
Pennsylvania,for the funeral bill $980.00
Edith W.Patterson,for costs advanced
for Letters of Administration,Short
Certificate,Administratrix Bond,and
filing of this Petition 30.00
To Greenlee,Richman,Derrico &Posa,
legal services 135.00
IT IS FURTHER ORDERED AND DECREED that no additional
security shall be entered by the Administratrix in the office of
the Register of Wills.