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HomeMy WebLinkAboutOC1971-0010 - ESTATE OF BLOSE, ...~ IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DIVISION NO./0 J /c;7/-------------:-t------------------~~· IN RE: ESTATE OF KARL BLOSE, DECEASED. PETITION ~O FIX AMOUNT OF BOND IN RE:SALE OF REAL ESTATE UNDER PROVISIONS OF SECTION 541 OF THE FIDUCIARIES ACT OF 1949 McCREIGHT.MARRINER &McCREIGHT ATTORNEYS AT LAW WASHINGTON TRUST BUILDING WASHINGTON.PA. i1~-:-., J . ..J.. -' r'\~ ! 3:(l ():u ~1"1 )0 Gi ~J:~z~:-l ~~3 3::r:0 :0 »Z z z :u Gl -I rr1 :u-I :0 0(-o c Ul ZzUl)0 1"1•-I-I:U ~~~~~~3:_(l z () Gl :u 1"1 G) J: -i Ii Ji I!~Ii, i .. , ~~,~ )-\)'~ ~l /:;.,t-l.- /c!c 0 i{ · .'.. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA. ORPHANS'COURT DIVISION .~>"....) IN RE:,) ) /CJ 1/77/ESTATE OF KARL )NO. ) BLOSE,DECEASED.) ,~.", t PETITION TO FIX AMOUNT OF BOND IN RE:SALE OF REAL ESTATE UNDER PROVISIONS OF SECTION 541 OF THE FIDUCIARIES ACT OF 1949. The petition of Ethel Blose Barr,Administratrix C.T.A., of the Estate of Karl Blose represents: d~ceased,respectfully 1.That Karl Blose,late a resident at 710 East Maiden Street,Washington,Washington County,Pennsylvania,died June 25,1956,having first made his Will,a copy of which is hereto ~ attached and marked Exhibit "A". 2.The real est.te proposed to be ~old is an undivided -oJ one-sixteenth (1/16th)interest in and to a certain lot of ground situate on Main or High Street in the Borough of Waynesburg, '.Greene County,Pennsylvania,being the western one-half of Lot No.76 in the original plan of said Borough,said lot fronting 30 feet on Main or High Street and bounded on the West a distance of 180 feet by Spring Alley,on the North 30 feet by Strawberry Alley and the East by lot of Arleigh Pettit.This is the only real estate of which the decedent died seized. 3.There is attached hereto'and marked Exhibit"B"the affidavit of two responsible persons familiar with real estate value giving the fair market value of the real estate proposed to be sold. 4.The personal estate of the decedent is appraised at $247.00 and consists of books and a violin. 5.The bond filed on grant of letters was in the sum of ·. $1,000.00 with corporate surety~ 6.The proposed private sale of said real estate is for the sum of $600.00 to Arleigh J.Pettit.A copy of the Agreement relating thereto is attached hereto and marked Exhib it "C". WHEREFORE your petitoner prays that the amount of the additional bond be fixed by the Court. COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF WASHINGTON ) Before me,the undersigned authority,personally appeared ETHEL BLOSE BARR,who,being duly sworna ccording to law deposes and says that the facts set forth in the foregoing Petition are true and correct to the best of her information,knowledge and belief. Ethel Blose Barr Sworn to and subscribed before me this W,or day of .fJu.~,1970. ..a,o.RBARA CRAIG.NOT.l\RY PUBLIC 0 WI\SHINGTON,WASHINGTON COUNTY MY COMMISSION EXPIRES ;UNE 25,1974 Member,PennsylvaniaAssQciationof Notaries .,. Mar.,19~1955 Being of sound body and sane mindJ)incase of my death - I do hearby bequeath to my froind of many years.Han.,James GI'ove rulton,especially nIl books,manu~1cripts,writings my deceased ~ife Inoz Canfield Blose by ;.and all my personal belongings 'tvith the exception .11 of my HieI'onyrnun Amati violin,a copy of 'J.'ourte bow,and light red octagon English bow Editions of violin solos & studies and my books pertaining to music.Some are first editions and others with markings by Sauret,'Zackerwltsch 11 Pec skiIt. Maurice Sons apd Leopold Auer.. This exception to my Hill to be left to Trinity Gollege of Music,London Englando III The music &books as a reference library only.The Violin, muslc and books,not tobe sold but remain as property of the Trinity College of Musico I also wish that my steamer trunk Hith the contents therein, become the property of Dr.and MrsQ R.W.Dunlop,729 Washington, Rd.}~.Lebanon,Pa Any other possesions to be desposed of at James G.Fultons descreation.. Ny body to be cremated,which expense-----will be taken care ofe> Sighned Karl Blose Executor;,.i Han.James Grove Fulton EXHIBIT "A" AFFIDAVIT OF VALUE STATE OF PENNSYLVANIA ) )SS: COUNTY OF WASHINGTON ) Before-me,the undersigned authority,personally appeared Glenn A.Arnold -Broker and Doris Reid -Broker -,,\ who being duly sworn according to law depose and say that they are familiar with real estate value and that the fair market value of an undivided one-sixteenth (1/16th)interest in and to the lot of ground situate on Main or High Street in the Borough of Waynesburg,Greene County,Pennsylvania,being the western one-half (1/2)of Lot No.76 in the original plari of said Borough,said lot fronting thirty (30)feet on Main or High Street and bounded on the West a distance of one hundred eighty (180)feet by Spring Alley and on the North by a distance of thirty (30)feet by Strawberry A~ley and on the East by lot of Arleigh Pettit,is $~=Q~O _ Sworn to ~nd subscribed before me this -rv1/day of ~,1970. EXHIBIT "B" FORM NO.16/\(1962) REAL PROI'ERTY AGREEMENT (SHORT FORM) WASHINGTON COUNTY BAR ASSOCIATION WASHINGTON,PA. .... Made the 27th day of September 19 67 Between ETHEL BLOSE BARR,Administratrix of the Estate of Karl Blose, Deceased,---:----;-----------------------------------(hereinafter called "Seller")and ARLEIGH J PETTIT,-------------------------..:.-------rl .ft 11 d'''B ")'o -\lerema er ca e uyer, 'WITNESSETH,that for the consideration hereinafter set forth and intending'to be leg'ally bound the Seller and Buyer mutually agree as follows: 1.Seller agrees to sell and convey to buyer on or before October 1,1967 by f iduciaries warranty deed in fee simple absolute,clear of all mortgages,judgment liens and tax liens and other encumbrances affecting its marketability (except as hereinafter set forth)all the real property described in Paragraph 7 hereof. 2.Buyer agrees to purchase said real property and to pay Seller therefor the sum of Six Hundred andno/lOO--------------------($600 .00 )Dollars as follows:$50.00 on the signing of this Agreement,receipt of which is hereby acknowledged,and the balance to wit,$550 0 00 on delivery of deed. 3.Possession shall be given on October at th,e office of Seller's attorney on October 1, 1 _19 67 ,and settlement shall be made 19 67 ;KrXa~fbfI0W'~) 4.At settlement Seller shall pay for or be charg'ed with the cost of all federal documentary taxes and ~tate and local realty transfer taxes payable upon this transaction,but real estate taxes for year of settlement,sewer charges and rents and royalties shall be prorated on a calendar year basis between Sellcr and Buyer as of date of delivery of posscssion of the premises;cxccpt as hereinafter set forth: None 5.From and after the date of this agTeement,insurance shall be provided and paid for as follows: Each party shall insure his own e}~osure at his own expense. 6.Time is of the essence of this Agreement. 7.The real property which is the subject of this Agreement is described as follows:All the undivided one-sixteenth (1/16th)interest in and to that certain lot of ground situate on Main or High Street in the Borough of Waynesburg, Greene County,Pennsylvania,being the~stern one-half (1/2)of Lot No. 76 in the original plan of saiq town,said lot being more particularly bounded and described as follows: Fronting 30 feet on Main or High Street and bounded on the West 180 feet by Spring Alley,on the North 30 feet by Strawberry Alley and on the East by lot of Arleigh Pettit. This is the same undivided interest of which Karl Blose died seized June 25,1956,and in whose estate Ethel Blose Barr was appointed Administratrix CoT.A.on November 30,1956. It-4s understood and ag,-reed that this Agreement of sale shall be subject to a Petition to Court to fix additional bond as required by law. EXHIBIT "e" 8.If Buyer defaults in payment or performance for 30 days,Seller may,at Seller's election use one or more of the following remedies in addition to or instead of any other remedies provided by law: (a)rescind this agreement and retain all sums paid on account hereof as liquidated damages,in which case Seller shall retain title to the real estate free and clear of any obligation or duty to Buyer and Buyer shall surrender this Agreement for cancellation; ,,(b)~jecf Buyer from said real estate',for whi~h purpose Buyer hereby authorizes any attorney of any Court of Record to appear for Buyer and confess judgment against Buyer in an amicable action of ejectment, with immediate writ for possession of the real estate and for damages,to include attorney's commission of 5 1~ or $and costs,hereby ~Naiving stay of ex;cution,exemption and inquisition,with release of all errors; (c)affirm this ::Igreement by delivery of deed to Buyer,declare ::Ill sums due hereunder to be forthwith due and payable,and cause judgment to be entered therefor,for which purpose Buyer hereby authorizes and empowers any attorney of ::Iny Court of Hecord to'appear for Buyer and confess judg'nH:nt against BUy'cr for the whole balance Clue,together with interest,attorney's commission of 5 %or $l ,::Ind costs, and hereby agrees to immediate execution thereon,waiving stay of execution,exemption and inquisition,with re- lease of all errors. "~' 9.The Buyer agrees not to record this Agreement and recording by the Buyer shall constitute a breach thereof. 1O.This Agreement shall extendto and benefit and bind the heirs,executors,administrators,successors and assigns of the parties.vVhenever used herein,the singular number shall include the plural,the plural the singular and the use of any gender shall include all genders. NOTICE -THIS DOCUMENT MAY NOT SELL,CONVEY,TRANSFER,INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPOHT UNDERNEATH THE SURFACE LAND DESCHlBED OH I\EFEHRED TO HEHEIN,-AND THE OWNEH OH OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL HIGHT TO HEMOVE ALL OF SUCH COAL AND,IN THAT CONNECTION,DA1\1AGE MAY HESULT TO 'i'HE SURFACE OF THE LAND AND ANY HOUSE,BUILD- ING OR OTHEH STRUCTURE ON OR IN SUCH 'LAND.'o(""'~'fIl6'.'ioM&".i~"ll\:\t"..rllM&"..11.l"'&'l),"&MIfut'd"",!li'fj"oJl.,lM.~.."'ill~\'w'l'lo".JV\tY.""N li'''''1..''Q~..·J'!JJY'·,r.lV.r&''J''~~D'l:l':'li"'!lM,,,')THE INCLUSION OF THIS NOTICE DOES NOT ENLAHGE,RESTlUCT OR MODIFY ANY LEGAL HIGIITS OR ESTATES OTHERWISE CHEATED,TRANSFERRED,EXCEPTED OR RESERVED BY THIS INSTHU. MENT.(This notice is set forth pursuant to Act No.255,approvei September 10,1965.) WITNESS the due execution hereof the day and year first above written. «~if·o{l4:rrr·;·~llil·;YtrJ~~~~) ,9.1~.~.:~.~~..~.....?~....~!:?:~.....~~.~.~.~.~....?.~....~~.~J SEAL)Bose WITNESSED BY: ........................................................................................................................ '0 (!) (j)en:.::C\l oj.)(j) 0 CH (j) 0 ~ ~•... r.::~(j)Z ·trl E-l~E-c o ~H,~..·I""'lE E-l~l c:e::C)roj E-(~c:e::I""'l:)~,<::X .r:::p.~.r-(H ~....0:1 ......~C':l ~:>-.~H ..-r::q oj.)tv': I-;)~CLl U)ro ~~ 0 H CH0:::r.E +J 0 p~;m d~d .r-((!)H,~r:::oj.) rJ:~'1 -,-<t:.r-(CIl ...:n"::::::s ~~ P:'.~ 0 8 "0 u:J <:,IJ:l ~~•.:l ~,. . ......................................................................(SEAL)."?:.)...;..~:....... ............·0r-l-!~~/itv·~~(SEAL)l'1r exgh·':::j ..i ....pet-ti·t..........·:' ....................................................................................................(SEAL) ...................................................................................................(SEAL) oj.):.::r-l.c.o 0 .r-(tv) (!)tn H r-! C) 0 ro.....'r-I....r:::c:s ro~>HCllr-l (J)....:l »r:::U2 'M"+J :::::¥jQ r:::.,..(!)~..,01 U2 P'4 ~~ (!)......r:::::::: .p H 0 :.::0 oj.)b.O.!oJ c.o..''1"'1 +J r:::.II ·~1 <:.r-( H or:: C)U2 C)C':l....s::""" '1!:'-'1.4 .' IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA. ORPHANS'COURT DIVISION )IN RE:) ) ESTATE OF KARL BLOSE,)NO. ) DECEASED.) AND NOW, o R D E R ~.....L 3/'197 eJ,the Wit~etition having been presented to the Court and the Court finding that the Administration bond of $1,000.00 upon a personal estate of $247.00 is more than adequate for that purpose,NOW THEREFORE on motion of McCreight,Marriner &McCreight,attorneys for the ~petitioner~additional bond to be posted prior to the receipt of the proceeds of the sale of the real estate described in the Petition,.is fix etra:t'.'Do lIars. .. -J'