HomeMy WebLinkAboutOC1970-0755 - ESTATE OF GILLESPIE...,
-.f.,
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
-ORPHANS'COURT DIVISION -
I ,
IN RE:
ESTATE OF
LYNN G.GILLESPIE,
a minor.
)
)
)
)
)
)
)
PETITION FOR LEAVE TO SELL AT PRIVATE SALE
TO mE HONORABLE THE JUDGES OF SAID COURT:
The petition of BERKEtEYS.GILLESPIE,JR.respectfully
represents:
1.That he is the guardian of Lynn G.Gillespie,the
minor having been appointed guardian by the Circuit Court of Wise
County,Virginia on January 8,1968 as shown by certificate of
Elzie D.Mullins,Clerk of said Court which is attached hereto
and marked Exhibit "A".
2.That Lynn G.Gillespie is seventeen (17)years of
age having been born September 28,1952.That said minor is an
he'ir through her mother,Louise M.Gillespie,who died April 17,
1966;that said minor is the owner of an undivided one-sixth
interest in real estate hereinafter described,having inherited
said interest from her maternal grandmother,Louise E.McCoy.
3.That the real estate in question is described
as follows:
• I
ALL that certain lot of ground situate in the
Borough of Burgettstown,Washington County,Pennsylvania
bounded and described as follows,to wit:
BEGINNING at a point on Main Street which is the
Northeastern corner of lot now or formerly of Adam
Katzenmeyer in said Borough;thence by said Main Street
North 37°30'East 47 feet to a point on said street;
thence by lot formerly of Charles Bloom South 48°30'
East 100 feet to a point in Raccoon Creek;thenc~up
said Creek South 37°30'West 47 feet to a point in
said Creek;thence by lot formerly of Adam Katzenmeyer
North 48°30'West 100 feet to the place of beginning.
Having erected thereon a brick and reinforced concrete
building.
4.That said real estate is assessed for tax purposes
at $9,200.00 as shown by certificate of Washington County Tax
Assessment Office attached hereto and marked Exhibit "B".
5.That your petitioner has agreed,subject to the
approval of your Honorable Court to sell the said minor's interes
in said real estate at said private sale to ASA L.MC COY and
ELIZABETH L.MC COY for THREE THOUSAND ($3,000.00)DOLLARS clear
of encumbrance.
6.That your petitioner believes THREE THOUSAND
($3,000.00)DOLLARS is a fair price for the minor's interest in
said real estate and a better price than can be obtained at
public sale;affidavits by two competent persons acquainted with
the value of real estate in the particular locality are also
attached hereto and marked Exhibit "C"and "Oft.
7.That the building erected on said land is in need
of repairs,is in need of a new roof,new plumbing and wiring
and repair to the rear wall.
·.
'.,..
8.That out of the consideration of THREE THOUSAND
($3,000.00)DOLLARS will be paid Pennsylvania Inheritance Tax
on said interest in said real estate and""pennsy1vania Real Estate
Transfer Tax in the amount of THIRTY ($30.00)DOLLARS,Borough
of Burgettstown Real Estate Transfer Tax in the amount of THIRTY
($30.00)DOLLARS and the cost of preparing deed and preparing
and presenting this petition.
WHEREFORE,petitioner prays your Honorable Court under
the provisions of the Fiduciaries Actoof 1949 to authorize him
to make private sale of the interest of the said minor in the
aforesaid real estate.
COMMONWEALTH OF PENNSYLVANIA )..
COUNTY OF WASHINGTON )
ss
Personally appeared before me,the undersigned
authority BERKEtBrS.GILLESPIE,JR.,who,being duly sworn
according to law,deposes and says that the facts set forth in
the foregoing petition are true and correct to the best of his
knowledge and belief.
Sworn to and subscribed before
me,this JPL day of JU~
NOiP.R".()c\ob6t 12.tt':)
1970 A.D.commiSSion Expires ash"Ri\OO couO~~.
I
".
."
MORLEY PRINTING CO..NORTO"'"
VIRGINIA
In the Clerk's Office of the Circuit:Court of the County of Wise:
i
I,Elzie D.Mullins,Clerk of the Circuit Court of the County of Wise,do hereby certify that on the
_8_t_h__'day of __J_a_n_u_a_r_y~_19~L
BERKLEY S.GILLESPIE JR.
Guardian fordulyqualifiedinmysaidcourtas_
LYNN G.GILLSEPIE,an infant
and gave bond as such according to law,which bond is still in full force and effect.
Given under my h&nd,this 15th day of ...:e-Jun=e"'--______19 1.SL
".
1
ELZIE D.MULLINS,Clerk
By ~~.:t -/Denutv ClerkLeeStan1ej~v
.------~-11----------
tlJ EXHIBIT A"
:-__===_=-__11 _
.$\Sl1rsswrttt OJrrttftrntr
WASHINGTON COUNTY,PENNSYLVANIA
OFFICE OF THE BOARD FOR THE ASSESSMENT AND REVISION OF TAXES
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 19 70 ,assessed in the district of Burgettstown,
in the name of Me Coy,John K.&Louise E.
%A.L.Me Coy
Main Street
Burgettstown,Pa.
1 STY BLK BUILDING
PT LOT 13
7-7-10 DB 868-569
8,200
1,060
9,260
!,By
BOARD FOR THE ASSESSMENT
j'fl ~I AND REVISION OF TAXES
_L/---'---.::r_~,/¥_,_~~.
.~Chief Assessor.
(SEAL)
i-------11----------
"EXHIBIT Bit
COMMONWEALTH OF PENNSYLVANIA )
CaJNTY OF WASHINGTON )
ss
Before me,the undersigned authority,personally
appeared £}",-,v(--~V&7f.O ,who',being duly sworn
according to law deposes and says that he has inspected the
real property located on Main Street in the Borough of Burgetts-
town,Washington County,Pennsylvania known as the Keith Theatre
building;that he is acquainted with the value of real estate in
the locality of the property,that he is not interested in the
proposed sale and that,in his opinion,the price of THREE
THOUSAND ($3,000.00)DOLLARS is a fair and reasonable price for
a one-sixth interest in said real estate and is more than can be
obtained at public sale.
me this
Sworn to and subscribed before
/
'f'i(T
.,J ~day of July,
1970 A.D.
"EXH IB IT C"
....._~..-,.'
J
","
COMMONWEALTH OF PENNSYLVANIA )
:ss
COUNTY OF WASHING~N )
Before me,the undersigned authority,personally
appeared 40 (/,1£W 1.J'fiwS L,,'•wl1o,being duIy swornI
according to law deposes and says that he has inspected the
real property located on Main Street in the Borough of Burgetts-
town,Washington County,Pennsylvania known as the Keith Theatre
building;that he is acquainted with the value of real estate in
the locality of the property,that he is not interested in the
proposed sale and that,in his opinion,the price of THREE
THOUSAND ($3,000.00)DOLLARS is a fair and reasonable price for
a one-sixth interest in said real estate and is more than can be
obtained at public sale.
Sworn to and subscribed before
!rrtt.me this L~--day of July,
i
1970A.D.
"EXHIBIT Q"
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
-ORPHANS'COURT DIV,ISION -
IN RE:
ESTATE OF )
)
LYNN G.GILLESPIE,)
)
a minor.)
DECREE
AND NOW August ~,1970,upon consideration of the
foregoing petition and affidavits thereto attached and on motion
of Walter W.Gregory,Jr.,Esquire,attorney for the petitioner,
it appearing that it would be to the best interest and advantage
of the estate of Lynn G.Gillespie,a minor,that the interest of
said minor in the real estate described in the petition should be
sold to Asa L.McCoy and Elizabeth L.McCoy at private sale for
the price or sum of $3,000 in cash;that the said price is better
than can be obtained at public sale,and that the same may be done
without injury or prejudice to any trust,charity,or purpose for
which the same is held and without the violation of any law which
may confer an immunity or exemption from sale or alienation,it
is ordered and decreed that the said Berkeley S.Gillespie,Jr.,
guardian of Lynn G.Gillespie,a minor,is hereby authorized and
directed to convey the said interest of the minor,being an un-
divided one-sixth interest in the said premises to the said Asa L.
McCoy and Elizabeth L.McCoy upon receipt of the said purchase
price of $3,000,SUbject to the necessary adjustment at the time
settlement of real estate taxes,Pennsylvania inheritance tax,cos s,
and attorney's fee,the title of the purchasr of said interest to
be a fee simple title,undefeasib1e by any party or persons
having a present or expectant interest in the said one-sixth
interest in said premises and unprejudiced by any error in the
precedings of the Court.
In lieu of the entry of security,the guardian is
authorized and directed to deposit the funds belonging to the
minor referred toin the petition in a separate account in his
name as guardian in the Lockbourne Air Force Base Federal Credit
Union,Lockbourne Air Force Base,Ohio,whose records shall be
marked to show that no withdrawal shall be made therefrom without
order from Court.
In the event of no withdrawal prior to the minor's
attainment of her majority on September 28,1973,the Lockbourne
Air Force Base Federal Credit Union may pay over the funds upon
the joint order of the guardian and the late minor without further
order of Court.
~
f
....
-.
~3-7 o -15S'
IN THE COURT OF COMMON PLEAS
OF WASH INGTON OOUNTY,
PENNSYLVANIA
ORPHANS'mURT DIVISION11.,-
IN RE:
ESTATE OF
LYNN G.GILLESPIE,
a minor.
..I I PETITION TO LEAVE TO
.....II SELL AT PRIVATE SALE
.'II ,..,,7
\t;~'J
rr
").--~
~'V'~~,,"'"_~'v
\J '''"\)~.,z.....
f'-".~,.~c ",'\I .".:p,~.:u -'""';
I \~.-.r·\~V
~""'V 'J~JOHN L.BRUNNER
'\i'-.~ATTORNJ;;Y AT L.AWJVMAINSTREET
<''_I II \J r~~GE::TTSTOWN.PENNSYLVANIA·'\</?-,~3 -,.t/;.1,3 c.{'"
.L-..__