HomeMy WebLinkAboutOC1970-0826 - ESTATE OF JOHN.r ...'.~'.~J
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
O~PHANst COURT DIVISION
I IN RE:SALE UNDER REVISED ?RICE ACT
OF REAL ESTATE lATE OF~
MARGARET B.JOHN,.DECEASED~
ET AL.
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DECREE GRANTING LEAVE TO MAKE PRIVATE SALE
OF lAND UNDER THE REVISED PRICE ..,.'
ACT,AND APPOINTMENT OF TRUSTEE
the Affidavits ,thereto
AND NOW,this 2 day of ~~~~;1970,in
consideration of the foregoing·Petition
attached,'and upon motion of Melvin B.Bassi,Attorney for
Petitioner,it is
OFDERED AND DECREED
1.It is found as a fact that the proposed private
sale of the premises described in the foregoing Petition will be
to the interest and advantage of all parties in interest and
without prejudice to any trust,charity or purpose for which the
land is held and wibhout violation of any law which may confer an
lmmunity or exemption from sale or alienation.
2.The Mellon National Bank and Trust Company of
?ittsburgh,Pennsylvania (Washington office)is hereby named,
constituted and appointed as Trustee under the Will of Margaret
B.John,deceased,and is au:horized and directed to make sale of
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of the premises fully described in Paragraph 3 of the attached
petition,being Lot No.533 in the Borough of Charleroi,
Washington County,Pennsylvania.
3.The said Trustee is directed and auth0tlized to
convey,as Trustee,the said parcel of real estate to Joseph A.
Marasco and Teresa Marasco,his wife,for the price or sum of
,Forty-two Thousand Five Hundred and 00/100 ($42,500.00)Dollars,
in cash,by proper deed of conveyance containing the usual
Trustee's 'warranty.
4.The title of the purchasers of the said parcel
of land shall be a fee ~imp1e title,free,clear and discharged
of all tru~ts,claims and demands;and said title'shall be ,'
indefeasible by any person,whether or not,in being,having any
present or future.or expectant interest in the land and shall 'not..
be prejudiced by any error in the proceedings of this Court.
5.The proceeds from the sale of said parcel of
land shall be held and administered by said Trustee in trust for
the same uses and purposes as the land was held and the same uses
and purposes described and set forth in the Will of Margaret B.
John,deceased,and,in particular,in Paragraph Ninth of the said
Will.The said Trustee shall receive and hold the proceeds of such
sale in trust for the parties in interest therein!,and invest the
same in investments authorized by law and pay the interest there-
from at stated intervals to Marguerite W.Gaut for 1ife,until the
said life estate shall have terminated and,thereupon,to pay over
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT JIVISION
IN RE:.SALE UNDER REVISED PRICE ACT
OF REAL ESTATE LATE OF
MARGARET B.JOHN,DECEASED,
ET AL.
NO.
PETITION FOR,PRIVATE SALE OF
..';~.."'~,..;,'.
REAL ESTATE UNDER REVISED PRICE ACT
TO THE HONORABLE JUDGES OF SAID COURT:
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The,petition of Marguerite W.Gaut res,pec.tful.ly
represents:
1.That your Petitioner is Marguerite W.Gaut who
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presently resides at,5402 Connecticut 'Avenue,N.W.,Washington,
D.C.20Q15.
2.Your Petitioner is seized of a life estate in and
to the premises subject matter-of this petition,more specificall
hereinafter described,under the Last ViII and Testament of
Margaret B.John.A photocopy of the Last Will and Testament of
the said MargaretB.John is attached J:.ereto and made a part
hereof as Exhibit "A".
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3.The premises subject m~tter of this proceeding
are specifically bounded and described as follows:
,
ALL that certain tract or parcel of land situate
in .the.Borough of Charleroi,Washington County,
Pennsylvania,more specifically bounded and
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described as follows:'
LOT NO.533 in the General Plan of the Borough
of Charleroi,Washington County,Pennsylvania,
which said plan is of record at Plan Book Vol.
1,pages 4 and 5,and upon which there is
erected a three-story brick commercial and
apartment building known as 510 Fallowfield
Avenue,Charleroi,Pennsylvania.
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4.Margaret B.John,having acquired the premises
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at Deed Book Vol.59Z-,page.279 ,.died testate on May 13,
1955.Her Last Will and Testament is recorded at Will Book Vol.
83,page 178.Award was made by the 'Orphans ,Court of Washington
County in accordance with the t~rms of the Will'and of record at
Deed Book.Vol.998,page 584.The devise was made as.follows:
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"NINTH:I give,devise and bequeath unto my niece,
MARGUERITE W.GAUT,all of the balance of ,my real
estate known as No.510 Fallowfield Avenue,Borough
of Ch~rleroi,Washington County,Pennsylvania,and
my home property located at No.529'Lincoln Avenue,
Charleroi,Washington County,Pennsylvania,TO HAVE
AND TO HOLD,possess and enjoy during the full term
of her natural life,she to collect,recover"..
receive and receipt for the income,iand pay the
taxes,upkeep and maintenance therefrom.
IUponthedeathofmyniece,MARGUERITE W.GAUT,I
give,devise and bequeath the two above.,mentioned
properties·toher two children,ANN GRAY GAUT and
JAMES W.GAUT,share and .share alike ,,,._that .is·to
,say,one-hal~(1/2)part thereof to each•..
."....~.
In the event of the death of ANN GRAY GAUT or.JAMES
W.GAUT,leaving a child or children her,o.r him
surviving,:such·deceased's ,share shall be
distributed,per stirpes;to the child or children
0:1;the said beneficiaries in the same manner ,as
'would be done had she ,o.r he'died sei-eed .and in
poss~ssion of her or his share thereof.'.
,In the event of the death of ANN GRAY GAUT,ol:,
.JAMES'-W.GAUT,wit'hout leaving a child ,pr.'children
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her or him surv~v1ng,such deceased's share
shall thereupon be.paid to the survivor.
In case of the death of ANN GRAY GAUT or JAMES
W.GAUT,without leaving child or children
either of them surviving,then and in that
event,said properties shall go to my sister,
MRS.FLORENCE SNYDER,of Greenville,
Pennsylvania,and her heirs."
5.All debts and expenses,including Federal
Estate,Pennsylvania Inheritance Taxes,as well as all legacies
of the decedent,Margaret B.John,have been paid and the estate
closed following audit and decree.,of the Orphans !.,,,.,c.OUJ;:t,,9~
Washington County.
6..Your Petitioner is believed to have a .life,
interest in the.premises,and Ann Gray Gaut and James W.Gaut,
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,children of your Petitioner,are believed to have the premises
as tenants in common;and it is further averred that they have
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a vested remainder subject to divestment by failure to leave a
child or children them surviving.
7.Your Petitioner avers and sets forth that the
failure of the devisees or any of them to be resident owners has
caused the premises to deteriorate in some degree and do aver and
set forth that there will be continued deterioration and lack of
care because of their common inability to care for the premises
because of their absence.
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8.The premises have erected thereon a three-story
commercial apartment dwelling which have a combined rental of
$4,715.00 when fully occupied.Many repairs are required to be
made to the premises;the wiring is inadequate for modern day
standards and the taxes on the same are burdensome to your
Petitioner,the life tenant.
9.The premises are encumbrance free and there are
no existing tax,judgment'or mortgage liens or any other type of
obligations on the premises which may be due and owing.
10.The premises are asse$sed for tax purposes in the
amount of $16,500.00,and a Certificate of Assessment is
hereto attached as Exhibit "B".
11.Your Petitioner avers and sets forth tha~,
subject to the approval of your Honorable Court,_the ,premises
above described,have been sold to Joseph A.Mar~sco and Teresa
Marasco,his wife,for the price of $42,500.00 in cash,due
and payable upon presenta~ion of a good and marketable title.
The agreement representing this sale is attached hereto and
marked Exhibit "C"."
12.Your Petitioner is of the opinion that the price
offered for the real estate described herein is a full,fair and
adequate price and one better than that which could be obtained at
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a public sale for the same;that it would be to the best
interest and advantage of all persons interested and any claiming
interest in tne said premises,whether they are in being,unborn
or unascertained heirs or devisees,to sell and dispose of the
same.
13.Attached hereto and made a part hereof is
Exhibit "D"which is the affidavit of two disinterested real
estate experts experienced in the values of properties in the
neighborhood,representative that the price offered for the same
is fUll~'fair and the best market value that could be obtained
at a public sale.
14.All parties interested in the said estate as
hereinabove set forth are satisfied that the price offered for
the said premises is a full and adequate price and better than
that which could be obtained at a public sale;that the
acceptance ~f the same will be for the best int~rest of them-
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selves and contingent or possible beneficiaries'involved.
15.That Ann Gray Gaut,remainderman,is unmarried
and without issue and resides together with her mother at 5402
Connecticut Avenue,N.W.,Washington,D.C.20015.James W.
Gaut,remainderman,is married and has three (3)minor
children.His wife is Betty Gaut and the minor children
are Gary Gaut,age 18;Marilyn Gaut,age~15;and James W.,Gaut,Jr
Iagell%;~all of whom reside with the said James·W.Gaut at 6248..
North Kedvale4 Cbicago;Illinois 60630.
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16.Your Petitioner avers ,and believes that no.'
notice of this petition nor any joinder is required by the heirs
of Florence Snyder,who is deceased,and left to survive her
Elmer Snyder,Ralph Snyder and Lorna RYan Nichols,all of whom
are too remote.
17.The ~oinders and consents of Ann Gray Gaut and
James W.Gaut are attached hereto and made a part hereof as
Exhibits'"E"and ~lF".
18.,It is averred and believed that't.he..children
of James W.Gaut,who have a,remotecontingent interest as well
as those unborn unascertaine4 children and heirs,would be best
represented by Mellon National Bank and Trust Company in these
proceedings as guardian ad litem for the living minor children
as aforesaid and trustee ad litem for those not born and
unascertained.
WHEREFORE,your PetitioneJ;prays your Honorable Court,
under the provisions of the Revised Price Act as amended,for
leave and authority to convey the premises herein described for
the sum of Forty-two Thousand Five Hundred and 00/100 ($42,500.00)
Dollars,'free,clear and discharged of all trusts,claims and
.demands and subject only to payment of real estate commissions
and such usual closing costs,including the cost of this,petition;
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the title of the purchasers to be in fee simple,indefeas~ble by
any parties or persons paving a present or expectant interest in.,
the premises and the purchase money in all respects substituted
for the land sold'and to 1?e applied to the same persons for the
same interest as they are now held.•r".~..-
rguerite W.Gaut
Petitioner
•Bassi
for Petitioner
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COMMONWEALTH OF PENNSYLVANIA:
55:
COUNTY OF WASHINGTON:
BEFORE ME,a Notary Public,personally appeared
Marguerite W.Gaut,Petitioner,who,being duly sworn according
to law,deposes and says that the facts set forth in the
foregoing Petition are true and correct •
.~.~_il::~it..d-.
Marguerite W.Gaut
Sworn to and subscribed before me
W,'
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LACT '/tILT"j:}ID 'l'ES'l'At1ElJT-',-"--------
I,;':J\HGJiPJL'l'B.JOHN,of the Borough of CharIeroi ,County of
...
Vlashington,and State of Pennsylvenia,do hereby make,publi sh and declare this
my Last ':Jill and 'I'estament in manner and form follor1ing:"
FIRST:I direct that all my just debts,funeral expenses and
expenses incident to the administration of my este-te,be paid as SOOl1 after my
decease as may conveniently 118 done,out of the first monies available for that
.,.
purpose~
SZCOND:I hereby direct that my body be interred in the
Monongahele.Cemetery beside t11l1t of my deceased husband,Frank J.John,and
I authorize and instruct my Executrix,hereinafter named,to place a 1:Iarker at
my grave having the same material and 0.esi8n as ·li:.''1rkeT now placed at the grave
of my husband.
'TIIIRD:----. I give and be~ueath unto my niece,MARGUERI'l'E \'1.G.4U'"1::.z.
all of my household furniture,china,silverlNare,books,bric-a-brae.personal
effects and j~wel~Yb
FOURTII:---I give end bequeath 'unto my sister,MRS •.FLOR.H1ICE SlT'J..'D2:.;R,
of Greenville,l)ennsylvfinia,and her heirs,the surlof THREE THOUSAND
.(~,3,OOO.OO)DOLL.AHS.
FIFTH:I give and bequeath unto my niece,LOffi~A RYh~NlcrlOLS L
of Greenville,Pennsylvanio.if living at the time 01.'my decease,the sum of
THREE 'lliOUSAND (Ci3 ,.0°0.00)DOLLARS.If not living i then to my nephews,
EU£R SI\'YDER,and RALPH SNYDER.bO'7Gh of Greenville,Penng;,rlvania,share and
share alike,and their heirs~
sn:TH:I give and bequeath unto my nephew,ELlfr~@JYDLR,of
Greenville,Pennsylvania,and his heirs,the su.!'!!ofT'~';o THOUSAND ($2,000.00)
EXHIBIT "A"
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DOLLA.HS.
SETTENTH:----I give and beQueath unto mY'nephew,R'\Ll'H SNYDER,of
Greenville,Pennsylvania,find his heirs,the sum of TWO 'mOUSAi:m ($2,000.00)
DOLLARS.
EIGHTH:I give,devise and bequeath unto my niece,
.1:AJ?GUE1-nf'E YI.G.i',UT,and her husband,Vi.GRtY GAUr,or the survivor of them,
my property loc:ati;;c at 411 Shady .Avenue,Borough of Charleroi,'Sashinetcn
County,Pennsylvania,known as Lot No.509 Section "A",Charleroi Plan of Lots,
lying between Fourth and Fifth Streets.
NINTH:I give,devise end bequeath unto my niece t
E.4...'qJtJ.2HI'l'E w.GAU~,all of the balance of my real estute Imown as Ho.510
E'allowfield Avenue,Borough of Charleroi,Washington County,Penns~7lv8nia,and
my home property located at No.529 Lincoln Avenue ,Charleroi,Washington
County,Pennsylvenia,TO HAV}£AIm TO HOLD,possess and enjoy during the fU.ll
tenn of her natural l~fe,she to COllect,recover,receive end receipt for the
incOlae,and pay the taxes,upkeep and naintenance therefroI:lo
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Upon the death of my niece,1.:'hHGUERrTE.lL~'.GAD'l',I give,devise end
bequeath the tw-o above mentioned properties to her two children,ium GRAY Gj~U'l',
thereaf to each.
of her or his share thereof.
out leaVing a child or children her or him surviving,such deceased's shere
be c.istributed.per stirpes~'-t6'"ihe"'chlldor children of"the 'said beneficiaries
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In the event of the death of .ANN ~GAUT..,or ~..:'ll,iliS W.GlIUT,
In the event of the death of gn~Glu\Y GAUT,or !~LS ~.GApT,Witll-
and Jl~S W.GAUTl,share and.share ali.ke,that is to say,one-half {1/2}part
in the same manner as would be done had she or he died seized and in possession
leaVing a child or children her or him surviviLg,such deceased's share
shall thereupon be pai~to the surVivor.
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In case of.the death of ANN GRAY GliUT,and :!PJiIES VI.S':0UT,without
leaving child or children either of them surviving,then and in that event,
Pennsylvania,and her heirs.
possessed,or to which I may be entitled at the time of my decease,I give,de-
said properties shall go to my sister,1>ffiS.FLORENCE SNYDER,of Greenville,
real,personal and mixed,~iheresoever situate,of which I may die seized or...
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tttIIf}if not liVing
All of the rest,residue and remainder of my estate,TF...NTH:
vise and bequeath unto my niece,EARGUEl1lTE V;.GA\]T,"if living;
then to her two cll ildren,~GRAY GAD'}.',and JJ\l',mS VI.'GJmT,share and 8h a re
alike.
ELEVENTH:I hereby revoke and annul all :former or other Wills
and testamentary dispositions by me at any time hereta:fore made.
L.~STLY:I nominate,constitute and appnint my niece,
HARG~RITE'N.GAUT,Executrix under this my Last Will :and Testament,and direct
that she shall not be required to give bond for the faithful perfOrrl6nCe of her
duties.
J
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IN YIITNESS VnJ:EREO:F,1 have hereunto set my hf.'illd and seal th is 1fv
._day of _-:::eJ::.-J.;::C;;:.·~..:.?.:..f?_·.:..l~_·,...:,'1':....-__"A.D.,1938•
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Signed,sealed I published and declared by the foregoing named
.Testatrix,~mE'l'B.JOLiN,as and for her Last Will and Testaluent,in the
~resence of us,who,at her request,in her presence and in the presence of
each other,have hereunto subscribed our names as wi tnesses thereto
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EXHIBIT "B"
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!\.ssessmeut <t!erttftrntt
WASHINGTON COUNTY,RENNSYLVANIA
OFFICE OF THE BOARD FOR THE ASSESSMENT AND REVISION OF TAXES
.June 29 70Washmgton,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
1
year 19 70 ,assessed in the .district of Charleroi
in the name of GAUT,MARGUERIET W.~ASWI~~,tl~OC.5402 CONNECTICUT AVENUE ,
3 'STY BR BUILDIID
LOT 533
16-19-62 DB 998-554
9,900
6,600 16,500
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C
G BOARD FOR THE ASSESSMENT
.~IJ'ND EVISIO OF TAXES
By I ~•
Chief Assessor.~
(SEAL)
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FORM NALY No.1U-A-Agre,ment tor the Sale of Real Estate.(With Coal NoUee)
,h"::;<I;,~oy I',O.Naly Co.,Law Blank Publishers
425 Fourth Avenue,Pittsburgh,Pa,15219
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29th .!•day of ..,:),June
OM th0u.9and D~M hundred and seventy (1970)
Jll'tmrrn MARGUERITE W.GAUT,widow,of 5Lr·02 Connecticut Avenue,N.W.,
Washington,D.C.,party of~he firs~part,
A N D
JOSEPH A.MARASCO and TERESA MARASCO.his wife,of the City of Washingtoni~'
W~shington County,Pennsylvania,'
II
parties 01 t7ul wec0n4 part.
mUntii.6l't1l.T1I4tth6 BGU!part Y of the fir.t part,fl."T the consideration here&nt1fter meutkmed,do for her-
self,her heir.,6zecutor8 and administrator8,covenant,promise and agre6,to and with tM aaU!
part ies of the second part their :-.
heir8 aM a88i{TN1,by these presents,that,she the said part y
Of the Itrst part,SMn OM wfU,em or befwe
at the proper costll aM oMrge~'ofth6 aaU!party of the first part..'-1,~,..,
)'.....he r heiT~alid asmgu,by deed of general warranty,wen and w!ficlentlygrant,convey al'ld (U/sure unto the 8afd
parties ,?f the sec0I?-d part,their ,".etTS ana (U/si!J11.8,in fee simple,clear of an encumbrancet.
ALL those certain premises situate in the Borough of Charleroi,
Washington County,Pennsylvania,being known as 510 Fallowfield Avenue,
Charleroi ,Pennsylvania)..'
1.Party of the first part agrees to pay the transfer taxes and to
present good and marketable title by instituting proceedings under the
Uniform Revised Price Act.'1
2.The inability of Marguerite W.Gaut to produce good and marketable
title shall entitle the purchasers herein to a refund'and they shall
be under no obligation to purchase;
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3.Time is not of the ess~nce of th::.s agre~ment.
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4.Transfer of possession,rents,etc.shall occur on transfer of .
legal title..,
5.Real estate commission in the amount of 5%shall be paid and
assumed by Seller.
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1.cOtl8ideTatWfi whereof the 8a~artieS>f tM 86COt\1d part"their heirs,executors and admhl~trator8,doth
covenant,promi8e and agree,to (lnd"with th,e 8aid party of the first part her heirs and assig1l8,by t~
pre8eKts,tMt the part ies of the 8econd parttheir .r~r8,executors and admin!atrators sha'ffand wm wen and
truly payor cGWe to be paid unto the said party of the first part,her
thenmof Forty-two Thousand Five Hundred and 00/100 ($42,500.00)
Dollars;the sum of $,500.00 down and the balance of $42,000.00,
payable'upon presentation of good and marketable title.
EXHIBIT "c"
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'l'azu,rents and JMUrance to be pro-rated as 01 .date of transfer of legal title
P08ses8Wnto be gjveta as of date of transfer.of.legal title
And lor the true perlormance 01 all and 8Wr1J tM cooonants and agre61ne7&t8 aloreaa'd,each of.th8 said partw bindeth
Mm8ell,]ds heir8,e:1:fJC1'tor8 and aaminutrotors,'''Ito the other,h~ezecutors,aamjnutrators and aBfiQns,firmly by
these present8.
NOTICE-THIS DOCUMENT MAY Ni)T (nOES NOT)SELL,.CONVEY,TRANSFER,INCLUDE OR INSURE
THE TITLE TO THE COAL AND RIGHT Oi.';:jf:PPC~TUNDERNEATH THE SURFACE LAND DESCRmED OR
REFERRED TO HEREIN,AND THE OWL.".:r:,(,I"OWNERS OF SUCH COAL MAY HAVE (HAVE)THE COM-
PLETE LEGAL RIGHT TO REMOVE ALL (I~':':Ju.mi COAL AND,.IN THAT CONNECTION,DAMAGE MAY RE-.
SULT TO THE SURFACE OF THE LAND Aim ',\NY HOUSE,BUILDING OR OTHER STRUCTURE ON OR IN
SUCH LAND.THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE OR RESTRI(,"'T OR MODIFY ANY LEGAL
RIGHTS OR ESTATES OTHERWISE CREATED,TRANSFERRED,EXCEPTED OR RESERVED BY TillS INSTRU-
MENT.[This notice is set forth'j,n the manner provided in Section 1 of the Act of July 17,1957,P.L.984,as amended.]
]n ltlitnl'lHJ 'lJ1)'l'rl'nt:The said Partje,y to th~agreemefit have hereunto 8et thejr handa and sea:'the day and year
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EXHIBIT "D"
COMMONWEALTH OF PENNSYLVANIA:
"55:
COUNTY OF WASHINGTON:
Rudy Mudrick and David M.Marshall,being duly sworn
according to law,depose anc say that they are realtors in the
Borough of Charleroi,Washington County,Pennsylvania;that they
and each of them are well acquainted with 'the premises described
in the annexed Petition and with the value of real estate in the
area;that they have inspected the premises and are.of .the opinion
that Forty-Two Thousand Five Hundred and 00/100'($42,500.90)
Dollars is a fulLand fair p!'ice for the same ahd;'undertall the
circumstances a better price than can be obtained ata public
sale;that they believe that it would be to the best interest and
advantage of all parties to sell said premises because of.the
"
bad condition and expense of repairs which would be required to.,
make the premises ~nha~it~bl~;that·the deponents are not.
employees ,of the fi:duciary,Mellon .National Bank and Trust Company
:.••'.i ,
•or any of the parties 'in interest "nor are they interested in the
proposed sale.-.,
David M.Marshall
Sworn to and subscribed before me
this 29th day of June,1970.
,~(J;M~
c No~ary Public ~
\1~1~~~?\\\\\\CMyCommissionExpires:'H~"I1~cm~~\~~;n"~!r;::";,~~·ini\cummC\\~R\tRm t\\\UI..~I\'~Ml~dr-N.p.SEAL:~tn\,\~,\~\m·UJ}.
3XHIBIT "E'''
JOINDER
I,the undersigmed,being one of the parties
interested in premises described in the·foregoing Petition,
hereby acknowledgerreceipt of copy of Petition an~express my
desire that said sale be mace on the terms and conditions
thereof and further express .my.willingness to join in any ..
conveyance decreed.
I'
/'.....
EXHIBIT "F"
JOINDER
I,the undersigned,being one of the parties
interested in premises described in the foregoing Petition,
hereby acknowledge receipt of copy of Petition and express my
desire that said sale be made on the terms and conditions
thereof and further express my willingness to join in any
conveyance decreed.
c.
7~~"~~~-"",
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"
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:SALE UNDER REVISED
PRICE ACT OF REAL ESTATE
LATE OF MARGARET B.JOHN",
DECEASED,ET AL.
ACCEPTANCE
NO.----------
By
:MELLON NATIONAL BANK AND TRUST COMPANY,v.Tashington Office,
accepts its appointment as Trustee under the Will of Margaret B.John,
deceased,and will convey the real estate which is the subject of these
proceedings and hold the proceeds in trust for the uses and purposes
set forth in Paragraph Ninth of the Last Will and Testament of Margaret
B.John,Deceased.
MELLON NATIONAL BANK AND TRUST COMPAJ.'ilY
~...-J-~M.:c~
Vice President
'.
EXHIBIT "G"
the principal sum to the person or persons entitled to such
remainder.
6.The Court deems it unnecessary at this time to
appoint a guardian ad litem for minor remaindermen,or.a trustee
ad litem for all persons now unborn or unascertained possibly
interested as remote contingent remaindermen.
. J
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:SALE UNDER REVISED FRICE ACT
of REAL ESTATE LATE OF
MARGARET B.JOHN,deceased,
ET AL.
,,
NO.826 of 1970
PETITION FJR PRIVATE SALE OF
REAL'ESTATE UNJER REVISED PRICE ACT
TO THE HONORABLE,THE JUDGES OF SAID COURT:
The Petition of Marguerite W.Gaut respectfully represen .:
. L That your Petitioner is Margue:roite W.Gaut who
presently resides at 5402 Connecticut Avenue,N.W.,Washington,
D.C.20015.
2.Your Petitioner is seized of a life estate in and to
the premises subject matter of this petition,more specifically
hereinafter described,under the Last Will and Testament of the
said Margaret B.John.A phctocopy of the Last Will and Testame
of the said Margaret B.John is attached hereto and made a part
hereof as Exhibit "A".
3.The premises subject matter of this proceeding are
specifically bounded ~nd described as follows:
ALL that certain piece or parcel of ground,situate,
lying and being in the Borough of Charleroi,Wash-
ington County,Pennsylvania,being Lot Number Five
Hundred Thirty-three :(533)more particularly described
as follows,to wit:-
BEGINNING at a point on the Easterly side of Fa11ow-
•_I
field Avenue,at the Northerly side of a ten (10)
feet wide Alley distant One Hundred and Ten (110)
feet from Fifth Street;thence running Northwardly
along said side of Fallowfield Avenue a distance of
Twenty-two (22)feet to the line of lot Number
Five Hundred Thirty-five (535)and thence extending
back in a direction at right angles to the line of
said Fallowfield Avenue Northwestwardly,and
preserving said width of Twenty-two (22)feet,the
distance of One Hundred (100)feet to the Westerly
line of a Fifteen (15)feet wide alley.
UPON which there is erected a three-story brick
commercial and apartment building known as 510
Fallowfield Avenue~Charleroi,Pennsylvania.
4.Margaret B.John,having acquired the premises at
Deed Book Vol.597,page 279,died testate on May 13,1955.
Her Last Will and Testament is recorded at Will Book Vol.83,
page 178.Award was made by the Orphans'Court of Washington
County in accordance with the terms of the Will and of record
at Deed Book Vol.998,page 584.The devise was made as follow:
"NINTH:I give,devise and bequeath unto my niece,
MARGUERITE W.-GAUT,all of the balance of my real
estate known as No.510 Fallowfield Avenue,Charleroi,
Washington County,Pennsylvania,TO HAVE AND TO HOLD,
possess and enjoy during the full term of her natural
life,she to collect,recover,receive and receipt
for the income,and pay the taxes,upkeep and
maintenance therefrom.
Upon the death of my niece,MARGUERITE W.GAUT,I
give,devise and bequeath the two above mentioned
properties to her two children,ANN GRAY GAUT and
JAMES W.GAUT,share and share alike,that is to
say,one-half (1/2)part thereof to each.
In the event of the death of ANN GRAY GAUT or JAMES
W;GAUT,leaving a child or children her or him
surviving,such deceased's share shall be
distributed,per stirpes,to the child or children
of the said-beneficiaries in the same manner as
would be done had she or he died seized and in
possession of her or his share thereof.
In the event of the death of ANN GRAY GAUT or
JAMES W.GAUT,without leaving a child or children
-2-
her or him surv~v~n5,such deceased's share
shall thereupon be ?aid to the survivor.
In case of the deati of ANN GRAY GAUT or JAMES
W.GAUT,without leaving child or children
either of them surviving,then and in that
event,said properties shall go to my sister,
MRS.FLORENCE SNYDER,of 'Greenville,Pennsylvania,
and her heirs."
5.All debts and expenses,including Federal Estate,
Pennsylvania Inheritance taxes,as well as all legacies of the
decedent,Margaret B.John,have been paid and the estate
closed following audit and cecree of the Orphans'Court of
Washington County.
6.Your Petitioner is believed to have a life interest
in the premises;and Ann Gray Gaut and James W.Gaut,children
of your Petitioner,are believed to have the premises as tenants
in common;and it is further averred that they have a vested
remainder subject to divestm~nt by failure to leave a child or
children them surviving.
7.Your Petitioner avers and sets forth that the
failure of the devisees or amy of them to be resident owners has
caused the premise~to deteriorate in some degree and do aver an
set forth that there will be continued deterioration and lack of
care because of their common inability to care for the premises
because of their absence.
8.The premises have erected thereon a three-story
-3-
commercial apartment dwelling which have a combined rental of
$4,715.00 when fully occupied.Many repairs are required to be
made to the premises;the wiring is inadequate for modern day
standards and the taxes on the same are burdensome to your
Petitioner,the life tenant.
9.The premises are encumbrance free and there are
no existing tax,judgment .cr mortgage liens or any other type 0
obligations on the premises which may be due and owing.
-10.~he premises are assessed for tax purposes in the
amount of $16,500.00,and a Certificate of Assessment is hereto
attached as Exhibit "B".
11.Your Petitioner avers and sets forth that,subject
to the approval of your Honorable Court,the premises above
described have been sold to Americo F.Troiano and Josephine
Troiano,his wife,for the price of $32,000.00 in cash,due
and payable upon presentaticn of a good and marketable title.
The agreement representing this sale is attached hereto and
marked Exhibit "C".
12.Your Petitioner is of the opinion that the price
offered for the real estate described herein is a full,fair an
adequate price and one better than that which could be obtained
at a public sale for the same;that it would be to the best
interest and advantage of all persons interested and any
claiming interest in the saic premises,whether they are in
being,unborn or unascertained heirs or devisees,to sell and
dispose of the same.
-4-
13.Attached hereto and made a part hereof is
Exhibit "D"which is the affidavit of two disinterested real
estate experts experienced in the values of properties in the
neighborhood,representative that the price offered for the
same is full,fair and the best market value that could be
obtained at a public sale.
14.All parties i~terested in the said estate as
hereinabove set forth are satisfied that the price offered for
the said premises is a full and adequate price and better than
that which could be obtained at a public sale;that the
acceptance of the same will be for the best interest of them-
selves and contingent or possible beneficiaries involved.
15.That Ann Gray Gaut,remainderman,is unmarried and
without issue and resides together with her mother at 5402
Connecticut Avenue,N~W.,Washington,D.C.James W.Gaut,
remainderman,is married and has three (3)minor children.His
wife is Betty Gaut and the minor children are Gary Gaut,age
18;Marilyn Gaut,age 15;ar~d James W.Gaut,Jr.,age 11~,all
of whom reside with the said James W.Gaut at 6248 North Kedva1 ,
Chicago,-Illinois.
16.Your 'Petitioner avers and believes that no notice
of this petition nor any joi~der is required by the heirs of
Florence Snyder,who is deceased,and left to survive her Elmer
Snyder,Ra1ph Snyder and Lorna Ryan Nichols,all of whom are
adults and reside in the Borough of Greenville,Pennsylvania,
-!5-
for the reason that their i~terests do not vest in possession an
that they are too remote.
17.The joinders and consents of Ann Gray Gaut and
James W.Gaut are attached hereto and made a part hereof as
Exhibits "E"and "F".
18.It is averred and believed that the children of
James W.Gaut,who have a re~ote contingent interest as well as
those unborn unascertained c~i1dren and heirs,would be best
represented by Mellon National Bank and Trust Company in these
proceedings as guardian ad l~tem for the living minor children
as aforesaid and trustee ad litem for those not born and
unascertained.The acceptance as Trustee by Mellon National Ban
and Trust Company is attached hereto as Exhibit "G".
19.This petition is necessitated by virtue of the
inability of the preceding pu~chasers,Joseph A.Marasco,et ux.
to acquire financing in order to complete the transaction;that,
since the time of the agreement recited in the foregoing petitio ,
substantial deterioration has taken place in the instant
property,thus making it more imperative that the same be sold.
WHEREFORE,your Petitioner prays your Honorable Court,
under the provisions of the Revised Price Act as amended,for
leave and authority to convey the premises herein described for
$32,000.00,free and clear and discharged of all trusts,claims
and demands and subject only to payment of real estate commissio s
-6-
and such usual closing costs,including the cost of this
petition;the title of the purchasers to be in fee simple,
indefeasible by any parties or persons having a present or
expectant interest in the premises and the purchase money in
..
all respects substituted for the land sold and to be applied
.to the same persons for'thet same interest as they are now held••
~7~
."
COMMONWEALTH OF PENNSYLVANIA:
SS:
COUNTY OF WASHINGTOF:
BEFORE ME,a Notary Public,personally appeared
Marguerite W.Gaut,Petitionar,who,being duly sworn according
to law,deposes and says tha~the facts set forth in the
foregoing Petition are true and correct.
,.'Sworn to and subscribed before me'
this l?th da~~o.
~~,/U''..
,NotaryPUbllC>
tMyCommissionExpires:
N.P,.SEAL:
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hereby c1irec.t that my body be inten'ed in the
I c1 iroct that all my just debt's~:funeral c:xpenses and
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expenses ,incident to the administrat'ion of rrlY estate,be paid as soon arter r:.:;
of'my husband.
c.ecoase as 'ma~'conveniently he done,out otthe first monies available....,.
,
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'r'/ashinston,Qud State of l)eimsylvonia,do b9reby make»publish and declare t~is I
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lirJ Last ....:111 and Testament in manner end fO~ll following:'!
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IIauthorizeandinstruct,my Executrix,hereinafter named,to place u l..rarker a~I
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nlY grave having the same material and desi~·as·~rkernowplaced at the graVe'
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all of my household furniture,'china,silverware,books,bric-a-:bi'ac,personal 1
110nongahela Cemetery beside that of my deceased husoand,F'rank J.John,and
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effec,ts and jewel);y•.
FOt'TITII:
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,of'Greenville,Pennsylvania,and her heirs,the S~of ,THREE THOUSAND
I give and beq,u,aath unto my'niece,LOP.NA RYl~t;ICI~OL3t.
of Greenville,Pennsylvania,if living at the time of my deceuse,the su;,\or
7BP.EZ 'lHOUSAND (Ci3 ,000 .OO)DOLLAHS.,Ii'not living»then to my nephews,
..
EUSR ~'YDER,and ~'J..?H SlrID:L'R,both of Gl'eenyille,'Pennsylvania,share and
6harealike,ar.d ,their heirs..
SD:TH:I eive and beClueuth unto my nephew,EL~SNI"DiR,of
Greenville,Pennsylvania,and his.heirst.thesum of T~VO THOUD,AND($2 s00::l.CO}
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XHIBIT "A1_i _,
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SEVENT1i:-I g:i.vean'd bcq,uos.thunto my nephew,RA:.l'H SX".:."D3,of
Greenvill~,Pe.nnsylvan1a,and his heirs,tho sum or TiW T:-IOUSAi:-rD (C2,OOOuOO)
DOLLARS..'.
".,
EIGYITH:.r give,devise w'"1c1 bequeath unto my niece,
.,.,.;.
"
EARGUEitITE ~'[.GAliT,and her }l'.:1sband,Ii.GR.!:."!GAUT,.or the survivor of tl:offi,•
my property located at 4U ShadY.Avenue,BOl'Ough of Charleroi,:';ashinetC'il
County,Penusylvania,'knoVlu nsLot No.509Sec'c;ion "A",Charleroi l'lan of Lots,
lying between Fourth and l"'ifth Streets•..','.'.'.~.','".,'
NINTH:I giV8,deVise 8ndbeq,ueath unto my niece,:
1.~m,XJZnJ."I'E·~~·.GAt?l"all of .the balallce of my real estute knovm as No.510
Jfallo'lltield Avenue,BorOUgh of C:arloroi,Washington County,Pennsylvania,and.
my home property.located'at No.529 Lincoln Avenue ,Charleroi,Washington J.-.:.
'....:
County,Pennsylvania,TO HAV~AIID TO HOLD,possessanc1 enjoy during the full
ter.n of her natulZul l~fe,she to collect,recovor,'receivo and receipt for.the
income,undpay the taxes,upkeep and naintenance therefrom.~,
Upon the:death of'my niece,deVise end
bequeath the t~~obovo mentioned properties to her two children,P~11 GRhY G~~~',
and Jl~':LSW.GAUT,share and SI.'1areDlike,tha.t 1s to say,.one-half (l/Z)part.
thereof to each.
In th.e event of the death of Arm CR:;Y GAUT,or Jl,l,fES W.GJiUT,----._-;....;.-....;;..;~-
leaving II child or children her or him survivir.g,suchc.eceased's shure sn£l.11
in the same manner as would be done hadsteor he died seized and'in possession
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In the event of the death of JJm GRAY GAUr,or :JMES VI.GAUT,wi th-
of her or h.is share thereofo
outloaving a child or childron her or him sUl'yiving,such deceased's shere
shall thereupon'be paid to the survivor.
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In Case of,the death,of J~NN GllAY GlHIT,alldJPJlES W.GAUT ,without
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leaving child or children either of them surviving,then and in that event,
Pe1lIlsylvanla,and her heirs.'
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said properties shall eo to my sister,;1l.~.FLOR~E SNYDER,of Greenville,
,.
reel,personal and mixed,wheresoever situate,of which I may die seized or'.'
•0,
,\TENTd:,"'All of the .rest,residue and remainder of my estate,
possessed)or towhict I muy be entitled at the time of my decease , I give»de-
vise and bequeath unto my niece,:,:A.~GUElgTE VI.GllUT,if living;"
then to her two children,Al\1}J G?J~Y GAUT,and JA}\-:ES W.'GAUT,share
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,ELryENTII:_-.._--I hereby revoke and annul all i'ormer or other Wills .
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andtestamentery dispositions by me at any timeheretotore made.'
LM:JTI..Y:.I nominate,constitute and appoint my niece,
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Ml',.":GUERITE ~'I.G.4UT.·'Executrix under t11is my Last Will and Testamen t,and-_._------
that she shall not be required to give bond forthe faithful perforr.lance
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h h h d d 1 ·7..{2:;.'IN WITlf..sSS V;1IERl!;O:F',I ave ereunto set my an ~nsea this ,__'_'~_
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Sir,ned,.sealed •"publiwlOd .end declared by the f~regoil:lb named
.Testatrix,r~illG;\RE'1'B.JOHN,as and for her Last mlland Testament,in the
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,Presence or us,who,at her request,in her p:l.~esence and in .the presence of
subscribed OUr 11ames as wi tnessesthereto.each other,have hereunto\.',I
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in the name of
,IThisistocertifythatthefollowingisafull,true and correct transcript of the assessment of property
ta~able for county purposes,as shown by the books of records in this office,at the above date,for the tax
16,500.
BOARD FOR THE ASSESSMENT
AND REVISION OF TAXES
By -f1-'-zlUk/d-~
.O#~ef Assessor.
(SEAL)
~XHIBIT "B"
Gaut,Margueriet W.,
N.W.Apt 400,
5402 Connecticut Avenue
Washington,n~.C.
Asstssment (l!rrttftrntt
Washington,Pa.NQ.y_.l~. .19..'Q..
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'"'·i".A:,. \
3 StyyBy Building
Lot 533
16-19-62 DB 998-584
WASHINGTON COUNTY,PENNSYLVANIA
OFFICE OF THE BOARD FOR THE ASSES.SMENT AND REVISION OF TAXES
,assessed in the district of Charleroiyear1971
'n the 'J/64r 0/Our LordMarchday019th
OM thouaand ,liM Aundred and seventy-one (1971)
itl'tml'l'n MARGUERITE W.GAUT,widow,of 5402 Connecticut Avenue N.W.,
Washington,D.C.,party of the first part,
A N D
AMERICO F.TROIANO and JOSEPHINE TRO IANO,his wife,of the Borough of
Charleroi,Washington County,Pennsylvania,
!'
parties 0/the aeoond part.
DUntsntl}.That the aaW part y 0/the first part,1C'f'the ccmsfd8ratWn hermnalter mentroned,do for her-
'self,her Amr.,~ecutors and admlnilrfrators,cOtlenant,promise and agree,to and with the 8aW
port ies 01 the aecond part their he'r8 and aB8igr-8,by the8e preaent8,that"she the 8aid part y
01 the ftrat part,ahall and will,on or belore S ixt Y (60)days
at tluJ proPer coBta and charges 01 the saW ,party,~of the first part,
he r ,Amr.and aa"gna.by deed 01 general warranty,toiJll and aufflcientZy grant,convey and aBsure unto the aaed
o
parties"of the second part,their Mir8 and a.srigna,'n 188 "mpZe,clear 01 all encumbrances.
ALL that certain lot or parcel of ground situate in the Borough of
Charleroi,Washington County,Pennsylvania,being Lot No.533 and known
as 510 Fallowfield,Avenue,Charleroi,Pennsylvania.
1.Party of the first part agrees to pay the 1%Pennsylvania realty
transfer tax and to present good and ~arketable title by instituting
proceedings under the Uniform Revised Price Act.
2.Parties of the second part agree ~o pay the 1%Charleroi realty
transfer tax.
3.The inability of Marguerite W.Gaut to produce a good and marketable
title ,shall entitle tqe purchasers herein to a refund and they shall
be under no obligatio~to purchase.
4.Transfer of possession,rents~etc.shall occur on transfer of
legal title.
:5.Real estate commission in the ,amo~nt 0t 5%shall be paid and assumed
by Seller.
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jmogl'tQl'r with all and ""gular tluJ buqd'ng.,'mpr~t8 and :JthBr premtBea hereby demtBed,with the appurttmaftCes.
1.conriderat~whereol the aa~a~tie~tluJ aecoud part,t:leir hetrs.ezecutora and admintBtrators,doth
couenant,promise and agree,to an4 ~th the BaW part y,0'1 the first part hef"hetrB and a.srigna~by these '
preBenta,that the part ies,o/t~~econd part their hetr'8,ea:ecutors ~nd adm'niBtrators,shall and ",m toeU and
tndy pay or,ctlU8e to be paid unto the saidparty of the"::irst part,her ~or8and a.srigna
the aum 01 ThirtY:,:,two Thousand and 00/100 ($32,000.00)Dollars.
EXHIBIT "c"
razea,renta and jnaurance to be pro-rated as of date of transfer of legal title.
(
Possesswn to be given as of date of transfer of legal title.
NOTICE-THIS DOCUMENT MAY NOT (DOES NOT)SELL,CONVEY,TRANSFER,INCLUDE OR INSURE
mE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRmED OR
REFERRED TO HEREIN,Arm THE OWNER OR OWNERS OF SUCH COAL MA'Y HAVE (HAVE)THE COI\I-
PLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND,IN THAT CONNECTION,DAMAGE l\1AY RE-
SULT TO THE SURFACE OF THE LAND AND ANY HOUSE,BUILDING OR OTHER STRUCTURE ON OR IN
SUCH LAND.THE INCLUSION OF TIDS NOTICE DOES NOT ENLARGE OR RESTRICT OR MODIFY ANY LEGAL
·RIGHTS OR ESTATES OTHERWISE CREATED,TRANSFERRED,EXCEPTED OR RESERVED BY TIDS INSTRU-
-l\IENT.[This notice is set forth in the manner provided in Section 1 of the Act of July 17,1957,P.L.984,as amended,and
is not intended as notice of unrecorded instruments,if any.].
:A~lor the true perlorma,we 01 aUland every the covenant"and agre6ments aforesajd,each 01 the said parties bindeth
himself,his heirs,eq;ecutorB and aamjnistrator","ntl)the other,hi3 uecutors,administrators and assigns,firmly by
these presents.
·The deed to be delivered will contain the notice prescribed by the Bitumino'US Mine Subsidence and Land Conservation Act of
·1966,which notice the part of the second part hereby covenant(s)and agree(s)to sign on delivery of the deed.
JJn l'Ditnl'slJ 11llUrl'tl'nf,The said parties to tMB agre6'l'n6ftt !lave hereunto set their hands and seala the day and year
first above written.
§ealen·ann Deliueren in tbe )l:)regence of
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act and d66d,tl)the -end that It may .
On thiIJ
came the abOve named
and
be f'ecorded (JIJ such.
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acknOwledge tM /or~g()tn{1 Agreement to 1>6
.4.D.lSI •bel()f'fI fIY',.
Ditntllllmy hand and Beal.
._----_.__._._----_._._._--
'-'
EXHIBIT "D"
COMMONWEALTH OF PENNSYLVANIA:
S8:
COUNTY OF WASHINGTON:
BEFORE ME,a Notary Public,personally appeared Rudy
Mudrick and David M.Marshall,who,being duly sworn according to
law,depose and say that they £re realtors in the Borough of
Charleroi,Washington County,Fennsy1vania;that they and each of
them are well-acquainted with the premises described in the annexe
Petition known as 510 Fa11owfie1d Avenue,Charleroi,Pennsylvania,
and with the value of real estate in the area;that they have
inspected the premises and are of the opinion that Thirty-two
Thousand and 00/100 ($32,000.00)Dollars is a full and fair price
for the same and under all the ~ircumstances,a better price than
can be obtained at a public sale;that they believe it would be to
the best interest and advantage of all parties to sell said
premises because of the bad condition and expense of repairs which.
would be required to make the premises inhabitable;-that the
deponents are not employees of the fiduciary,Mellon National Bank
and Trust Company,or any of the parties in interest nor are they
interested in the proposed sale.
Sworn to and subsc~ibed before me
this 11th day of March,1971.
\,
My Commission Expires:
N.p.SEAL:
WANDA CIfRRmGTON.NOTARY PWHO
CIlARUROI anaOUSH.WASl:liJ£rOU e~UnfY
Il CQ~IIfi.i.fS ItW II,If1Z
-'
EXHIBIT liE II
JOINDER
I,the undersigne~,being one of the parties
interested in premises descri")ed in the foregoing Petition,
hereby acknowledge receipt of a copy of said Petition and
express my desire 'that said'sale be made on the terms and
conditions thereof and further express my willingness to join
in any conveyance 'decreed.
"!!-,."
.
•J.'
EXHIBIT "F"
JOINDER
I,the undersignad,being one of the parties
interested in premises described in the foregoing Petition,
hereby acknowledge receipt of a copy of said Petition and
express my desire that said sale be made on the terms and
conditions thereof and further express my willingness to join
in any conveyance decreed.
James W.Gaut
..•
-..
IN THE COURT OF COMMON PLEAS O¥~WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:SALE UNDER REVISED PRICE
ACT OF REAL ESTATE lATE OF
MARGARET B.JOHN,DECEASED,ET AL.
••
:NO.826 of 1970·•
ACCEPTANCE
MELLON NATIONAL BANK AND TRUST COMPANY,Washington
Office,accepts its appointment as Trustee under the Will of
Margaret B.John,deceased,ant will convey the real estate
which is the subject of these ~roceedings and hold the proceeds
in trust for the uses and purposes set forth in Par~graph Ninth
of the Last Will and Testament of Margaret B.John,deceased.
MELLON NATIONAL BANK AND TRUST COMPANY
..
by c;e&g~
V~;o,AA"C~(J~
EXHIBIT "G"
---------
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:SALE UNDER REVISED PEICE ACT
OF REAL ESTATE lATE OF
MARGARET B.JOHN,DECEASED,
NO.826 of 1970
DECREE GRANTING LEAVE TO MAKE PRIVATE SALE
OF lAND UNDER THE REVISED PRICE
ACT 2 AND APPOINTMENT OF TRUSTEE
AND NOW,this ~-e::y Oft!!r~1971,in
consideration of the foregoing Petition and the Affidavits there-
·to attached,and upon-,motior:of Melvin B.Bassi,Attorney for
Petitioner,it is
ORDERED AND DECREED
1.It is found as a fact that the proposed private sale
of the premises described in the foregoing Petition will be to
the best interest and advantage of all parties in interest and
without prejudice to any trust,charity or purpose for which the
land is held and without violation of any law which may confer an
immunity or exemption from sale or alienation.
2.The Mellon National Bank and Trust Company
(Washington office)is hereby named,constituted and appointed
as Trustee under the Will of Margaret B.John,deceased,and is
authorized and directed to make sale of the premises fully
described in Paragraph 3 of the attached petition,being Lot No.
533,in the Borough of Charleroi,Washington County,Pennsylvania.
3.The said Trustee is directed and authorized to convey,
as Trustee,the said parcel of real estate to Americo F.Troiano
and Josephine Troiano,his wife,for the price or sum of Thirty-
two Thousand and 00/100 ($32,000.00)Dollars in cash,by proper
deed.'of conveyance containing the usual Trustee I s warranty.
4.The title of the purchasers of the said parcel of
land shall be a fee simple title,free,clear and discharged of
all trusts,claims and demands;and said title shall be
indefeasible by any person,whether or not in being,having any
present or future or expectant interest in the land and shall not
be pre~qdiced by any error in the proceedings of this Court.
5.The proceeds froD the sale of said parcel of land
shall be held and administered by said Trustee in trust for the
same uses and purposes as the land was held and the same uses and
purposes described and set forth in the Will of Margaret B.John,
deceased,and,in particular~the Ninth Paragraph of the said Wi1 •
The said Trustee shall receive and hold the proceeds of such sale
in trust for the parties in interest thereon and invest the same
and dividends
in investments authorized by law arid pay the interest/therefrom
at stated intervals to Marguerite W.Gaut for life until the
said life estate shall have terminated and,thereupon,to pay
over the principal sum to the person or persons entitled to
such remainder.
6.The Court deems it unnecessary at this time to
appoint a guardian ad litem for minor remaindermen'or a trustee
ad litem for all persons now unborn or unascertained,possibly
interested as remote contingent remaindermen.
IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
NO.826 of 197u
IN RE:SALE UNDER REVISED
PRICE ACT OF REAL ESTATE lATE
OF MARGARET B.JOHN,DECEASED,
ET AL.
1\,_
).
yf.~.;>
~r ~PETITION FOR PRIVATE
SALE OF REAL ESTATE UNDER REVISED
PRICE ACT
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