HomeMy WebLinkAboutOC1970-1187 - ESTATE OF PORTEREState o:f:
L.Mabel Porter,
Deceased
)IN THE ORPHANS'OOJRT OF·•
)WASHINGl'Cfi COONTY ,PENNSYLVANIA
•;NO.L.1.f.i-of 1970
PETITIO~
1'0 ESTABLISH TItLE 1'0 REAL ESTAl'E'UNDBR TIm PROVISIONS
OF SECTIQ\l 756 OF THE FIDUCIARIES ACT OF 1949
?-be Petit10n of Adam L.Sanders,Executor of the Estate 9f
Helen G.Porter,resp~~tfully represents:
1.That L.Mabel Porter,late of the City of WasHington,
~ashingto~County,~~nnsY1v~nia,~i~d i~testate,on October 11,
l,'J
1967,leaving has her sole heirs at law,Helen G.Porter,sister,
who died :March 19"~970,now Helen G.Porter Estate,Leroy W.
Porter,nephew,Dorothy Howard Moore,niece,Ruth Howard Merkel,
niece,William G.Howard,'nephew,Mildred Porter Sprowls,niece,
Bettie Jolley Dille,niece,Jo~Jolley,nephew,Mary Jolley
Fordyce,l!1iece,Velma Jolley Spro!,l~,niece,William Jolley,
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nephew,Ll)uise Jolley Whitten,niece,Bertha Jolley Plants,niece,
Margaret Jolley,Widow and sole heir of Gaylord p.Jolley,~~phew,
Who died in .May,1968.
2 1•That no Letters of Administration were granted on her
estate,mit a Return of Assets for Inheritance Tax purposes only
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was filed by Helen G.Po~ter,surviving Joint Tenant,the tax paid,
and a Federal 706 Form was also filed by her although no tax was
due by OVE!r $14,000.00 margin of deductions and exemption over
assets.
3.That a Small Estates Proceeding was filed at Number
389 of 1967 O.e.,all known debts of 'decedent and taxes paid,and
the balance awarded by Court to her heirs at law.
4.That at the present time"i decedents estate consists of
an undivided 1/7 interest in real estate situate in the 7th Ward
of the City of Washington,Washington County,Penna.,described as
followS:
~L that certain parcel of ground situate in the
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Seventh Ware!of the City of Washington,Penna.,formerly canton
'Township,alld being-~heSo\1theastern'17 feet of Lot No.4,and
the·Nortbwestern '116 .feet,of Lot.No.5 in the ··Clark Place PlanfJ ,
as originally laid out by the Washington Land .Company,and whicb
"Plan"is of record in the Recorder's Office in and for said
County,in -Plan BoOk'2,at pa.ge 6 and 7 ~Said parcel of ground
fronts 33f,eet on the Northeastern side of Jefferson Avenue,and
extends bacl(therefrom o£that same uniform width 150 feet to rea!
line of Lots Nos.55 and 56 in said-plan,bounded on the Northwes1
by"property now or formerly of Joseph ~stner,and on the South-
east by property now or formerly of J.B.and Frank McClay.Upon.
which is erected a two-story'fraiDe dwellin9 known as 1046'Je~fersc~
Avenue.
SUBJECT,however,to the -reservations and restric-
tions as containeq in the Washington ~d Company's ~iginal deed
for the said Lots Nos.4 and 5.
'The above mentioned reservations and restrictions
being as follows:
That no bUilding,or any portion thereof,
oraddi1:ion or attachment thereo,shall now or at any .
future time be erected or ext~nded nearer to the property
line along said Jefferson Avenue than twenty (20)feet,
so that at all times a clear space of not less than twenty
(20)feet from the property line of said avenue be left
between~'said line and any building or portion thereof .
placed upon said lot;and further,that no dwelling house
frontin9 upon said Jefferson Avenue UP9D said lot shall
be erected.and maintained,the first cost of which shall
be less than fifteen hundred.($1500.00)dollars,which
reserva'tionsand exceptions shall be for the use and bene-
fit,bo·th of the parties of the first part and of any and
all persons who are now or may hereafter become owners of...''.".\.'the other lots 1n the sa1d Clark Place Plan,and shall be
acovelt!U1t .running with the land and binding upon the
parties of the second part,their heirs and assigns.
BEING same rea.l estate of which William E.Porter
died seised on i/20/l9l7,intestate,leaving as his sole heirs at
law,a widOW,Lucy Doak Porter (Who died 10/5/1942),and seven
children,namely,Fanny Porter Jolley,William Clarence Porter,
Edna Porter Howard,Leroy Wendell Porter,L.Mabel Porter,Helen
G.Porter 'and Harry B.Porter.By deed dated January'2,1947,and
.recorded in Deed Book 729,page'~04,all the heirs at law of
William-E.Porter and of his 'children who had -died,conveyed all
their interest in this real estate to Helen G.Porter and·L.Mabel
Poi-teras joint tenants with the right of survivorship,thus
putting 5/7 of the title in them jointly,but leaving each owning
1/7 in their own right by inheritance.They knew this and
intende~that one of them convey"'her 1/7 to the other prior to
death,but never did so.
Said real estate is assessed at$.a~".s~,for
1970 COunty tax purposes.
5.,That Helen G.:Porter died,testate,on March 19,1970,
and Letters Testamen~ry on her estate were granted April 3.1970,
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to Adam L~l Sanders.At the time of her death,Helen G.Porter
;.
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owned a 6/7 interest in the subject real estate.Clarence R.
Brehl et uX.,have orrered to purchase said real estate ror the
price or $;8,000.00,and paid .$1500.00 down,in escrow,pending
the outcome Or this proceeding.This orfer was secured by a real
estateage·nt and is the sole'and only orfer received in over six
months.
Exhibit "Au is the
Porter,except the
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That attached hereto and marked
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JI,...'"•,cOnsent of all'the heirs at law of L.Mabel
estate of Helen G.Porter,petitioner,to the Prayer of .this
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Petition,as 'they desire said sale of said real estate tO'be com-
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pleted,so that .they·can Join in the deed or conveyance for same.
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WHEREFORE,showing as ~oresaid,your Petitioner prays your
Honorable 'Court to make a Decree Nisi adjudging the title to the
1/7 interest of L.Mabel Porte~in and to said real estate,subjec~
to the payment of any inheritance tax due thereon,to be in the
estate of Helen G.Porter (1/5),Leroy W.Porter(l/S)Dorothy
Howard Moore (1/3 of 1/5),Ruth Howard Merkel (1/3 of 1/5),WillialD
G.Howard.(1/3 of 1/5),Mildred Porter Sprowls (1/5)Bettie J.
Dille (1/8 of 1/5),John Jolley (1/8 of 1/5),Mary J.Fordyce (1/8
of 1/5),VC!lma J."Sprowls (1/8 of 1/5),William Jolley (1/8 of lis)
Louise J.'~itt~n .(1/8 of 1/5),Bertha J.Plants,(1/8 or 1/5),and
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Margaret Jolley (1/8 of 1/5);and that if no exceptions are filed
to said Decree within three months,it sballbecome final.The
Court is ftlrther requested to direct,in said Nisi Decree,such
further n01:ice of the riling o:f said Decree Nisi as the Court,
in its disc:retion,deems necessary and proper,in accordance with
the Act o:f Assembly in such ca$esmade and provided.
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ad(;h1 ;f;J~dL~(SEALlJ
Executor or Estate ,or Helen G.Porter
STATE OF PENNSYLVANIA
CXXJNTY OF WASHING'Iaf
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Before me,the undersigned authority,persona11y:appeared
ADAM 1,.,SANDERS,Bx:ecutor or the Helen G.Porter Estate,who,
being duly sworn according to law,cHd depose and say that the
facts contained in the.foregoing Petition were true and correct.
Sworn to and subscribed before
me this--z.w']dayO~Le:~£zrz..k7.0
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EXHIBIT .IfAt'
cnlSENT OF HEIRS AT LAW OF ~.MABEL PORTER
We,'the heirs at law·of L.Mabel Porter,hereby acknowledge
receipt 0:(a copy of the foregoing Petition,have read same,and
,consent to the prayer of the Petition•
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Estate of:
L.Mabel Porter,
Deceased
)
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IN THE ORPHANS'COURT OF
WASHINGtoN CXXJNTY,PENNSYLVANIA
No.of 1970
AND Naq,this
DECREE~I .
Z day OfH..,.,£!.1970,the within
Petition having been presented to the Court,upon consideration
thereof,the Court adjudges tit~e to the undivided 1/7 interest
of L.Mabel Porter,deceased,in that lot of.ground with the house
thereon knoWn as 1046 Jefferson Avenue,situate in the 7th Ward
of the City of Washington,Penna.,as more fully described in the
foregoin~lPetition and in Deed Book 729,page 304,Washington
County,Pelima.,records,to be in the following,in the following
proportion.c;,Helen G.,Porter Estate (115),Leroy W.Porter (115),
Dorothy HOl/1ard Moore (113 of 115),Ruth Howard Merkel (113 of 115)
William G.Howard (113 of 115),Mildred Porter Sprowls (115),
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Be~tie J.l>,;i,lle"(l/s o'!,115),'~ohn.;'JO~~eY (liS of 115),Mary J...
Fordyce (l/S,of 115),Velma J.Sprowls (liS of 115),William
Jolley (l/f~~f 115),Louise J.Whitten (lis of 1/5),Bertha J.".t
w •,,,'
Plants (l/~Sof 115),and ~garet Jolley (1/8 of 115);if no excep~
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tions are 1:iled to this Decree within three months,then 'this
Decree shall.become final an~will beconiirmed absolutely,free,-
~-,.\'i .,'.'J 'i:.'.'."",j.A.:{.~;'i .,'""...:'0.':'I ",'..'.,"of all decedents debts not liens of record on the date ofL.Mabel
.Porters'dElath,.-and regardless of the provisions of any testa-
mentary wri,ting of the decedent thereafter probated..The Court
further directs that if no exceptions are so filed,a Certified
Copy of the'Decree shall .be recorded in the Washington County,Pa.
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Recorder of'Deeds Office,properly indexed under theaame of L.
Mabel Porter,as grantor and the fourteen heirs at law herein
recited,'elS grantees,and that said Decree shall be properly
registereci in the SUrvey Bureau of the City of Washington,Pal
The Court further directs that Notice be given by advertise-
ment,oncca in a newspaper and once in the Legal Jouraal,in
Washingtol'l County,Penna.
RetuJe'nable to Monday '_~~"",¥,,",'uW~~~::-.-.__,
at 10:00 o'clock A.M.
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IN mE ORPHANS'COURT OF
WASHING1"a'l·COUNTY,PENNA.
No./ /87 or 1970"
ADAM L.SANDERS
Es1:a1:e or:
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Deceased
L.Mabel Por1:er,
ATTORNEY AT LA'W
WASHINGTON,PA.
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PETITI<E
TO ESTABLISH·TITLE TO REAL
ESTATE UNDER THE PROVISIONS OF
SECTION 756 OF mE FIDUCIARI~
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soaK 1337 PAtE 5-72
Estate of:
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)IN THE ORPHANS'COURT OF
L.,Mabel'Porter
Deceased
)WASHINGTON COUNTY,PENNSYLVANIA
)No.1187 of 1970
FINAL DECREE ESTABLISHING TITLE
AND NOW,March ~jf ,1971,it appearing to the Co~rt that
Notice of this Hearing upon the Petition of Adam ~.Sanders,
Executor of the Estate of Hel,e,x;t G.Porter to establish title to
a 1/7 inte~rest in real estate situate in the 7th Ward,Washington
Penna'.,described as follows:
,
Being the Southeastern 17 feet of Lot No.4 and the North
western 16 feet of Lot No.5,in the Clark Place Plan (Plan Book
2,pages 6-7),making a lot 33 x 150 feet,with dwelling thereon
'known as 1046 Jefferson A~e.,as more fully described in Deed
,Book 729,page 304,Washington ~ounty,p.enna.,records.
Subject 'to 'the restricti~ns and reservations contained in
the Washington Land Company's Original deed for Lots Numbered 4
and 5.
BEING,same'real estate of which William E.Porter died
seised on 1/20/1917,intestate,leaving as his sole heirs at law,
a widow,Lucy Doak':Pprte;,C~lho died 10/5/1942),and 'seven childre,
namely,Fanny Porter Jolley,William Clarence Porter,Edna Porter
Howard,Leroy Wendell Porter,L.Mabel Porter,Helen G.Porter an
Harry B.lPorter.By deed dated January 2,1947,and recorded in
Deed Book 729,page .304,all the heirs at law of William E.Porte
and of his children who had died,conveyed all their interest in
this real estate to Helen G.Porter and'L.Mabel Porter as joint,
tenants with the right of survivorship,thus putting 5/7 of the
title in 'them jointly,but leaving Helen d.Porter and L.Mabel
Porter each owning 1/7 in their own right by inheritance'.Thus
Helen G.Porter owned an undivided 6/7 interest in said real es1a::
at the time of ,her death,and L.Mabel Porter owned an undivided
1/7 interest in same real estate at the time of her death,'intes-
tate,on October 11,1967,
has been given to all parties as directed by the Court,proof of
said Notice having been made by Affidavit and Proof of Publicati
filed and all of the heirs at law of L.Mabel Porter have joined
in the Petition,the Nisi Decree of this Court dated December 7,
1970,is confirmed absolutely and made final,no ex~eptions
having be~en filed to said Nisi Decree,the title to said 1/7
interest in said real estate,hereinbefore described,is adjudge
to be in:Helen G.Porter Estate (1/5 of 1/7);Leroy W.Porter
(1/5 of 1/7);Dorothy Howard Moore (1/3 of 1/5 of 1/7);Ruth
•i
,Howard Melrkel (1/3 of 1/5 of 1/7);William G.Howard (1/3 of 1/5~dtR
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of 1/7);Mildred Porter Sprowls (1/5 of 1/7);Bettie J.Dille
(1/8 of 1/5 of 1/7);John Jolley (1/8 of 1/5 of 1/7);Mary J.
Fordyce (1/8 of 1/5 of 1/7);Velma J.Sprowls (1/8 of 1/5 of 1/7)
William Jolley (1/8 of 1/5 of 1/7);Louise J.Whitten (1/8 of 1/5
of 1/7);Bertha J'~Plants (1/8 of 1/5 of 1/7);and Margaret Jolle
(1/8 of 1/5 of 1/7);free of all decedents debts not liens of
record at the time of the death of L.Mabel Porter on October 11,
1967,and regardless of the provisions of any testamentary
writing of the decedent probated after her death.
The Court further directs that a certified copy of this
Decree shall be recorded in the Washington County,Pennsylvania
Recorder of Deeds Office,indexed under the names of L.Mabel
Porter Estate,as grantor,and Helen G.Porter Estate,Leroy W.
[
Porter,Dorothy How~rd Moore,Ruth Hpward Merkel,Wi~liam G.
Howard,Nildred P~rter Sprowls,Bettie .1,.Dille,John Jolley,
Mary J'.F'ordyce,Velma J.Sprowls,William Jolley,Louise J.
Whitten,Bertha J.~Plants and Ma.rgaret 3011ay,as grantees•
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80tJl133?PAGE 573
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IN THE ORPHANS'COURT OF
WASHINGTON COUNTY,PENNA..
No.1187 of 1970
!'Estate of:
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ADAM L.SANDERS
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IN THE ORPHANS t COURT OF WASHINGlW COONTY,PENNSYLVANIA
Re:Estate of:
L.Mabel Porter
Dece,ased
)IN THE ORPHANS'COURT OF
··)WASHINGTON COUNTY,PENNSYLVANIA··)No.1187 of 1970
AFFIDAVIT OF NOTICE GIVEN AND PROOF OF
PUBLICATION
Before me,the undersigned authority,personally appeared
Adam L.Sanders,Attorney for the Estates of L.Mabel Porter and
Helen G.Porter,deceased,who,first being duly sworn according
to law;deposes and says that in accordance with the Nisi Order
of your Honorable Court,dated December 7,1970,Notice was
given as directed by the Court,by advertisingr6nce in'the
Observer and Reporter,and once in the Washington County Reports,
of the proceeding in the above captioned case,as more fully ~i11
appear by reference to the Proofs of Publication attached hereto
and made a part hereof.
• I Sworn to and subscribed before
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,-.,me'this :;(1 ~~~ay 'of 'Ma~~~~i97I'.
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Notary Public.'~.My Com.Exp:March 26,197 I
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Washington,Washington County,Penna.
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Washington,Pennsylvania
that the affiant or the corporation in behalf of which he is acting is not
interested in the subject matter of said notice or advertising and that all of the
allegations of this affidavit as to the ti~,~,.p!/~~e and character of}he P1l'blicitio~~/)/)
are true.('/,1 (L )'///(//l-<'-j /7 S(:.t,:"/f .//),:J l/I"<y-_____L/L--J...-'1.~/,---"/-7'..-/L--~0~~":::::::::=.""..<.=:::::;,1;;.
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('-~--Sworn to and subscribed before m'e-this __'__-------...
.....!7..th day of J?~.f.~.m.J?~.~,19 7..Q ..
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JOSePHINE T.SCIAriWmA
Not<:ry PLL:ic.\':cchin;;tan.Washington Co.
M:(Commission Expires July 1,1974
Adam L.Sanders,ExecutoroftheEstateofHelenG.Porter,Petitioner611WashingtonTrust Bldg.Washington,Penna.153016)16-1
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NOTICE
TO:CREDITORS.HEIRS AT LAW,LEGATEES AND DEVISEES OF L.MABEL PORTER,DECEASED,lateofC;ty of Washington,WashingtonCounty,Penna.,and all other interest-
ed persons:
You are hereby notified that a PetitiontoEstablishTitletoanundivided1/7thinterestinrealestatesituateintheSeventhWard.Washington,Pa"beingtheSoutheastern17feetofLotNO.4 andtheNorthwestern16feetofLotNo.5,in the Clark Place Plan (Plan Book 2,pages 6·7),33 x 150 feet,with dwellingthereonknownas1046JeffersonAvenue
(See Deed Book 729.page 304,for full
description).has been filed by Adam.L.
Sanders.Executor of Helen G.PorterEstate,under Section 756,of the Fidu-ciaries Act of 1949.returnable to Mon-day.March 29th,1971,at 10:00 o'clockA.M.Said Petition is filed at Number1187of1970,in the Orphans'Court ofWashingtonCounty,Pennsylvania.You are further notified that on
December 7th,1970;said Orphans'Court
made a Decree Nisi adjudging the title
to said realty to be in Helen G.PorterEstate(1/5 of 1/7),Leroy W.Porter(1/5 of 1/7),Dorothy Howard Moore(1/3 of 1/5 of 1/7),Ruth Howard Merkel(1/3 of 1/5 of 1/7),William G.Howard(1/3 of 1/5 of 1/7),Mildred PorterSprowls(1/5 of 117),Bettie J.Dille (1/8of1/5 of 1/7),John Jolley (1/8 of 1/5 of1/7),Mary J.Fordyce (1/8 of 1/5 of 1/7),
Velma J.Sprowls (1/8 of 1/5 of 1/7),
William Jolley (1/8 of 1/5 of 1/7).
Louise J.Whitten (1/8 of 1/5 of 1/7).Bertha J.Plants (1/8 of 1/5 of 1/7),andMargaretJolley(1/8 of 1/5 of 1/7);andthatifnOexceptionsarefiledtothisDecreeNisibyMarch29th,1971,at10:00 A.M.,said Court will confirm saidDecreeNisiabsolutelyandsaidDecreewillbecomefinalandsaidtitlewillbedecreedtobeinsaidheirsatlawofL.Mabel Porter,deceased,free of all of
said decedent's debts not liens of record
on the date of her death on October 11,1967.
~PROOF OF PUBLICATION
o In compliance with the Newspaper Advertising Act of May 16,1929,
P.L.1784 Sec.3,paragraphs (3)and (25).
COUNTY OF WASHINGTON}SS.
STATE OF PENNSYLVANIA
(PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION)
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 officiaJl 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:
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IN THE ORPHANS'COURT OF
WASHINGTON COUNTY,PENNA.
No.1187 of 1970
Estate of:
L.Mabel Porter
Deceased "l!r,
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ADAM L.SANDERS
ATTORNEY AT LAW
W"ASHINGTON,PA.
WASHINGTON TRUST BUILDING
IN THE COURT OF CDMMON PLEAS OF WASHINGTON COUNTY,PENNA.
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ORPHANS'COURT DIVISION
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No.1187 of 1970
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Mr.Sanders?
ADAM L.SANDERS.,ESQ.,of Washington,
Pa.,representing the Petitioner.
N'I0Iiday,-:laWI;arch 29,1971,at 10:00 o'clock
A.M.,EST.
THE HONORABLE P.VINCENT :MARI NO,
Judge of the said Court.
ESTABLISH TITLE TO REAL ESTATE
PROCEEDINGS ON RETURN DATE ON PETITION TO
If the Court please,this is the time fixed by
in ..
the Court for making the Final Decree on a petitiorlthe ~state'~f ...
MR.SANDERS:
MABEL PORTER,
E STATE OF
.IN RE:
iiiII:~oa.~THE COURT:~II:::loU
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c(z Deceased.~.
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i.~".zii BEFORE:
tiii:~VI~APPEARANCES:
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:I:...5 TIME:
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L.Mabel Porter to award a seventh interest in real estate.I have
the Affidavit of Notice given,Proof of Publication as directed by
the Court,and I prepared the Final pecree.The real estate is sold
I have given the attorney for the buyer notice of the hearing and cop
of the Order,Final Order three weeks ago and also a copy of the
deed.He has made no objections.
,.
will be o'rdered .filed;the same having complied with statutory re-
THE.COURT:The Affidavit of Notice and Proof of Publication
2
quirements and with the Interlocutory Order of this Court.Is there,".
with respect,to the'establishment of title inthis matter?
."matter of therRstate of L.Mabel Porter at Number 1.187 of 1970,
'.
(NO RESPONSE)•
.
There being no resp;nse.'th~Court will~xecut
,"(Proceedings Closed).
the Final De cree.
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anyone else in Court at this time fhat desires to be heard ir:the
:!z~.I>-~THE COURT:zIIIII.
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NO.63-70-1187
(1187 of 1970)
TN 'RE:
ESTATE OF
L.MABEL PORTER,
DECEAScl).
-- --------~~-----Original---
FINAL DECREE TO ESTA~LISH TITLE
TO REAL ESTATE
Taken to Recorder's Office
for Recording:May 14,1971.
FKH
No.63 -'71 N?23·3
(~2"_-~~--~4i-
o
•EST.
ATTORNEY mup.!dno tll:lPL
CLERK FKR \
DATE filed:
ESTATE OF
~2