HomeMy WebLinkAboutOC1971-0010 - ESTATE OF BLOSE,
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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.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA.
ORPHANS'COURT DIVISION
.~>"....)
IN RE:,)
)
/CJ 1/77/ESTATE OF KARL )NO.
)
BLOSE,DECEASED.)
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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.
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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.
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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.
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