HomeMy WebLinkAboutOC1970-1106 - ESTATE OF FRYEIN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
Estate of ELEANOR
WHITEMAN FRYE,Deceas'ed.
No.
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PETITION'FOR FAMILY EXEMPTION:'FROM REAL ESTATE
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TO THE HONORABLE,THE JUDGES OF THE SAID COURT:
AND NOW;this 31st'day of October ,1970,comes----
GILBERT O.FRYE,by his a;ttorneys,PATRONO,CEISLER AND EDWARDS,.
ESQUIFES,and represents and sets forth as follows:
1.The decedent,Eleanor Whiteman Frye,died on
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the 9th day of July,1970,a resident of West Finley Township,
Washington County,Pennsylvania at the address R.D.2,
Claysville,Pennsylvania.
2.'Your petitioner,who resides in West Finley
Township,Washington County,Pennsylvania,at the postal address
R.D.2,Claysville,Pennsylvania,is the surviving spouse of the
decedent,Eleanor Whiteman Frye.
3.The decedent was a member of the petitioner's
household on the date of her death.
4.The petitioner and the decedent were married
on the 17th day o~,June,1949 in Cumberland,Mary1and,before a
justice of the peace.
S.The decedent died intestate.
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6.No application for letters was made because
of the paucity of assets in the e~tate and petitioner's desire
to settle the estate as a small estate pursuant to Section 202
of the Fiduciary's Act of 1949,20 P.S.320.202.
7.The decedent,Eleanor Whiteman Frye,died
leaving no issue.
8.Your petitioner claims the following interest
in real estate of the decedent to the value of $1,500.00 as his
family exemption under Section 213 of the Fiduciary's Act of 1949,
as amended,20 P.S.320.213,to wit:
All the ·undivided l3/24ths interest in
the oil and gas,beneath 117 acres in West Finley
Township,Washington County,Pennsylvania formerly
known as the Whiteman heirs farm,more particularly
bounded and described as follows:on the east by
lands now or fotmer1y of John Montgomery,on the
,.f,we st,by lands ,now or formerly ,of Elmer Raymer,
.-6n the'n6~th'by lands now,o~,former1j of Thomas
Wallis heirs,and on the south by land now or ~
formerly of Ellsworth Nelson.
BE~NG the same property of which J.B.
Whiteman'died seized on September 8,1938.The
said ~roperty d~scended ci4ui!lj to the.eight
children of the said J ..B.Whiteman and their
names are as follows:,Lester M.Whiteman,Robert
A.Whiteman,William A.Whiteman,Molly Hitchcock,
Isa Scott,Frances Grey,Carrie Little,and Bessie
Jane Grimes.At the time of the death of J.B.
Whiteman,the aforementioned Eleanor Whiteman
Frye was married to Robert A.Whiteman.Shortly
after the death of J.B.Whiteman,four of the
one-eighth interests were conveyed to Robert A.
Whiteman and Eleanor Whiteman,his wife by d.eed
of Molly Hitchcock,recorded in Deed Book No.
659,page 118,by deed of Carrie Whiteman Little,
recorded in Deed Book No.666,page 284,byaeed
of William A.Whiteman,recorded in Deed Book
No.695,page 440,and by deed of Lester M.
Whiteman,recorded in Deed Book No.700,page
478.Thereafter on May 12,1948 the said Robert
A.Whiteman died seized of five eighth interests
in the said property,of which four eighth inter-
ests were in the name of Robert A.Whiteman and
Eleanor Whiteman,his wife,and the other one
eighth interest was the individual property of
R.A.Whiteman by devolution from his father,
J.B.Whiteman.Upon the death of Robert A.
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Whiteman,four of the one eighth shares became
the sole property of Eleanor Whiteman as surviving
tenant by the entireties by right of survivorship,
and the remaining one eighth descended equally to
Eleanor Whiteman and Robert A.Whiteman's two
children by a prior marriage,Nellie Hartley and
Beulah Milliken~Therefore the said Eleanor
Whiteman (Frye)died seized of l3/24ths interest
in the said oil and gas under the said property.
Th~said oil and gas is the subject matter
of lease No.26025 to the Manufacturers'Light
and Heat Company,Pittsburgh"Pennsylvania,as-
signee of the West Virginia N~tural Gas Company.
The lease is dated April 1,1910,,and i.s ";
recorded in the said"Recorder"s·Offic'e in Deed
Book 377 at page 269.The said lease provides
for the payment of rent in the quarterly amount
of $75.04.The interests owned by the deceased,
Eleanor Whiteman Frye,produced $40.62 in quarterly
payments.
9.The above described oil and gas was the only
property owned by the decedent at the time of her death.It has
a value of much less than $20,000.00,as is indicated by the
yearly rental of $162.48.
WHEREFORE,your petitioner requests your Honorable Court
to appoint two appraisers for the purpose of appraising said
property;to confirm the appraisement made by the two appraisers;
and to set aside 'the real estate described in this petition to
your pefiti?ner ~Gilbert'0.·Frye.,
PATRONO,CEISLER AND EDWARDS
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
SS:
Before me,the undersigned authority,personally
appeared GILBERT O.FRYE,who,being duly sworn according to law,
deposes and says that the facts set forth in the foregoing
Petition are true and correct upon his pyrsonal knowledge.
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Sworn to and subscribed before me
this 31st day of October ,1970 .
.My/~ommission Expires:
-RALPH =0.WISE,Nofllry Public
Donega'_:Twp.,Claysville,Wa5h1ngton ·Co..P,.
My Cbr.!;'mission Expir&s May 13,1974
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
SS~
,Personally appeared before me,the undersigned authority
a Notary Public in and for said county and state,EMMA G.THOMAS
and SAMUEL A.BELCASTRO,who upon their solemn oaths did say that
they will well and truly,and without prejudice or partillity,
value and appraise,the property chosen by Gilbert O.Frye on
account of his $1,500.00 family exemption under Sections 211 and
213 of the Fiduciary's Act 6f 1949,20 P.S.320.211 and 20 P.S.,
320.21'3 and will in all respect perform their duty as appraisers
to the best of 'their skill and judgment .
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Sworn to and subscribed before me
t~.is 4tt.-,d~lY of -lC4~.(Jvi£l.ec/1970.
Public
My Commission Expires:
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APPRAISEMENT
In conformity with the foregoing affidavit,EMMA G.
THOMAS anclSAMUEL .A.~.BELCASTRO certify that they valued and
appraised the oil and gas interests beneath the 117 acres of
property in West Finley Township described in the foregoing
Petition to be worth $2250.00 The interest belonging to the
estate of Eleanor Whiteman Frye at l3/24ths,is therefore $1218;75.
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'DE'CREE1(J ._._._._-'-,
~L,lf70
AND NOW'.Aupon consideration of t.he annexed petition,
Mrs.Emma G.Thomas,369 Shady Avenue,Washington~Pennsylvania
and Samuel A.Belcastro,346 1/2 Tyler Avenue,Washington,
Pennsylvania are appointed appraisers of the property claimed by
Gilbert O.Frye,the surviving spouse of the decedent,Eleanor
Whiteman Frye,under Sections 211 and 213 of the Fiduciary's Act
of 1949,20 P.S.320.2ll and 20 P.S.320.213.No notice of the
foregoing petition or of this decree is required because it appear
that the petitioner,Gilbert O.Frye,is the only person who can
claim a family exemption and because all of the estate of Eleanor
Whiteman Frye would vest in Gilbert a.Frye because it has a
value less than $20,000.00.
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DECREE
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AND NOW,this I~day of 4b-,1970,the
Court confirms the foregoing appraisement of EMMA G.THOMAS and
SAMUEL A.BELCASTRO and it is ORDERED AND DECREED that the
l3/24ths interest in the oil and gas beneath the 117 acres in
West Finley Township,Washington County,Pennsylvania,known as
the Whiteman heirs farm,described in the foregoing Petition,
valued at·$1218.75 ,is hereby set apart for the use of the
petitioner,Gilbert O.Frye,his heirs and assigns,on account
of his family exemption under Section 213 of the Fiduciary's
Act of 1949,20 P.S.320.213 subject to the rights of the
Manufacturers'Light and Heat Company under Lease No.26025 with
Well No,647 situate thereon.~'---1.;.0...<--....
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