Loading...
HomeMy WebLinkAboutOC1971-0180 - ESTATE OF CHESHURE.. ,, >· -. " r. ... .. 2.___. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. tf'"o rJ-/ !I? 7 I RE: ESTATE OF AGNES MARY CHESHURE, a/k/a MARY AGNES CHESHURE, a/k/a AGNES CHESURE, deceased. CHARLES G. CHESHURE, your Petitioner. ETITION FOR SETTLEMENT OF SMALL ,STATE UNDER SECTION 202 OF THE IDUCIARIES' geT OF 1949, P.L . AS AMENDED, (20 PURDON'S STATUTES, SECTION 320.202 ~ ;:: AND =::: r · ~ ~RP~~~~'oF C~T ::: (r,.~ (r'~ '="= . ~~ ~~-~ --~; . ' ·~n -.. ~ ... , ~0 ~ :. -or-e; l>cn {.•._) u:J .,.._,.. .. VICTOR E. RIVA, ESQ P. 0. BOX 115 CHARLEROI,_ J:A~ 15022 ~ ~ .;J, ;:;., . ' IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION RE: ESTATE OF AGNES MARY CHESHUR£, ) a/k/a MARY AGNES CHESHURE, a/k/a ) NO. AGNES CHESURE, deceased. ) PETITION FOR SETTLEMENT OF SMALL ESTATE UNDER SECTION 202 OF THE FIDUCIARIES' ACT OF 1949, P.L. 512, AS AMENDED, (20 PURDON''S PENNA. STATUTES, SECTION 320.202). TO THE HONORABLE,P. VINCENT MARINO,~_RESIDENT J~DGE OF ·sAID COURT: '· The Petition of Charles G. Cheshure respectfully represents: . ' .. ' "' .. ( . · 1 l. · · The· 'dec'edent·, Agnes .Mary Cheshure, a/k/a Mary Agnes Cheshur ·.a;/</~_,Agne:' Che.sure_,.gieq Mc;>~day, January 18th, 1971, at Indiana Hospita, .. ~;· . ' .. { •· .. '·.. . . ,,: . ' ·.situated in VJhi·fe ·Township;. Indiana County, Pennsylvania, apd she was ~a .leg<!l· re~ident of .,:tl}e; Borough of ·charleroi', Washington County, ............... -~-(Of' .. , .... ~ -Penns~iva~ii at t~e ti~e of her decease, and her post office address was 802 Fallowfield Avenue, .P. 0. Box 402, Charleroi, Pennsylvania 15022. 2. Your Petitioner was the husband. of ,the decedent and did i form part of the .same household with the decedent at the time of he.r decease, and your Petitioner is a legal resident of this County, and resides there, and his post office address is· 802 Fallowfield Avenue, . / . P. 0. Box 402, ~harleroi, Pennsylvania 15022_. 3 . Your Petitioner, being the surviving to~~ecedent by a ceremonial·.marriag_e celebrated at 8 4'-" :&.., , on the ~ay of~ 4. The decedent died intestate, and no Letters of Administratio have been granted. 5. The following are the persons entit~ed to share in the the Estate ·of the decedent, their relationship to the decedent and .. .J• .. '. I -.:"., f '· the nature of their interest: Charles G. Cheshure, your Petitioft~,survivirig spouse, an undivided l/3rd interest; Donald L. Cheshure, a son, sui juris, an undivided· 2/9ths interest; and Shirley M. Woodward, daught~r, sui juris, ~n undivided 2/9ths interest; Richard Dean and Barry Dean, grandsons, both sui juris, being the only issue of Beverley Dean, who died'March,llth,~i970, she being a daughter of your Petitioner and his late wife, Agnes Mary Cheshure, alias dictus, deceased, .hereinbef6rementioned, a 2/9ths interest . . 6. None of·the abovementioned children and grandcHildren ·residerl·with your Petitioner and his late wife1 attthe time of her decease. 7. None of the persons named in paragraph' 5, supra, has received or retained any property of the decedent as payment of wages . . bJt s~lary, 9~ 1a1n~_ acc~~ed_Jva._cation_.l>-enefits ,or pensions due the decedent ;t ' . • ~ ~ t~ ... .;. t~. . under Section 201 of the Fiduciaries' Act of 1949, as amended. II •. ' . • ~ .. '. •1 ..• 1 . ._'-• t 8 . r. ;·. , • ... 1 ... ~ ",.( .. tl ' 1 Ch<l'rles G·:• Chesh.~re,: your Petitioner, spouse of the deceden is entitled. t.o the. family exemption of $1,500.00, as he was a member 'p· r f• • • ..... • -~ • , :r , • . -~ ~:f tli~ · househbld of :.the decedent, ·.which comprised only or himself and his late wife, Agnes Mary Cheshure, alias dictus, deceased, hereinbefore mentioned. 9. The property of the decedent consisted of cash balance in the amount of $2,247.09, in her name alone in·Savings Account No. 5470, at Charleroi Federal Savings and Loan Association of Charleroi, Pennsylvania, and this balance i~eluded;.-interest . credited at the end of December, 1970, there being no real estate owned by the decedent. l .. .., 2 - 10. The following are expenses and claims which will have to be paid by your Petitioner: Harold L. Schrock Funeral Home Charleroi, Pennsylvania Complete funeral, (this in~ludes cost of casket, vault, and cemetery charges for' digging of grave and. canopy) Sacred Heart Cemetery Carroll Township, Washington County, Pennsylvania · Bu~ial Lot, Grave marker to be purchased, $ 1,493.00 ! ,100. 00 300.00 11. Your Petitioner is presently unaware of any ot·her debts or claims against the decedent or her Estate, and is of the belief that there will not be any. 12. Your Petitioner is of the belief, in view of the cash balance of the Savings Account abovementioned, being the only asset of the decede'nt, and the amounts of .the funeral, burial lot and grave r.n:'rker,, .above sta;e~;'-fha·~> ~here w~l.l be no Inheritance Tax due and ,·~~~ ./ ..... " '! " .... owing. .· .... J• t ,~. ,., 4-·~ .. \ ~ ~ ~; ~13. Ycm~ Petitidner; is. of the belief that no notice is required to be,given of the presentation of this Petition to any of the parties •. , ~~ \ .~· \ . ,;t t i • I • ... c. • I -l - . \ in intere;st., ;mentioned in paragraph· 5, supra~ and there being no creditors as hereinbefore stated who have not been paid.· 14. Your Petitioner by virtue of his entitlement to the $1,500~0 family exemption and t·he payment by him of' the foregoing mentioned debts .and claims, which will mo~e than consume the cash balance in Savings Account hereinbeforementioned, r~spectfully.::requests the Court, pursuant to Section 202 of the Fiduciaries' Act of April 18th, 1949, P.L. 512, as amended, (20 Purdon's Penna. Statute.s, Section 320.202), to award • I I I I i ------------------------------------,-------, . ' , \. ' : ·.• ' 1 ~-'l J -. . . .... ..;_ .. .. t,. .. 't~.f ~(s~r~~b~ti~n _ o~. ~~~.~.a·~~. ~~a.lance;J of $2,247.09 in Savings Account N6. 547'0 ~· at Charleroi Federal Savings and Loan As!:lociati,on of .Charlero·i·;·.Pennsylvan'ia~, to Charles G. Cheshure, your Petitioner, and " :~ Jl • ' I'• J ~: .~ ~ ~ -; •· ~ ... I : ~-~-: ' : • that,any Rule' of-Court'requiring notice be given to the other heirs hereinbeforementioned or that they be required to join in this Petition, be waived by your Honorable Court. . I ) . . ,., COMMONWEALTH OF I?ENNSYLVANIA" .· . ) .COUNTY-OF WASHINGTON j • ... • • -- .) ) ' ... . , . . SS: Personally appeared before me; a ~otary Public, in and for said County and State, CHARLES G. CHESHURE, who being duly sworn according to law deposes and says that the facts contained in the within Petition are true and correct to the best of his knowledge, information and belief. ·~~/4:~ Charles G. Cheshure Sworn to and subscribed before me this /ifi day of ~ · , 1971. CHAR~EROI, WASHIIIG7C?1 C:J •• PA. My Commission Expires: My Commission expires April30. 1973 -· .. I ) < '-_j IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION RE: ESTATE OF AGNES MARY CHESHURE, ) a/k/a MARY AGNES CHESHURE, a/k/a ) AGNES CHESURE, deceased. ) 0 R DE R o· F NO, I f7d flf'7/ C 0 U R T AND NOW, this -c;~-1 f .-·day of February, 1971', in consideration of the annexed Petition, it is hereby ORDERED AND DECREED That said Petition be filed with the Clerk of this Court and that notice to parties. in interest and to creditors-and claimants of the presentation of the annexed Petition be and is hereby waived; AND IT IS FURTHER ORDERED AND DECREED -that-there shall be awarded and distributed to the within Petit-ioner, Charles G. Cheshure, of 802 Fallowfield Avenue, Chariero~, Pennsylvania, the surviving spouse of f the decedent, Agries Mary Cheshure,·alk/a Mary Agnes Cheshure, a/k/a Agnes ~hesure, Savings -Account No. 5470 on deposit at Charleroi Federal Savings and Loan Association of Charleroi, Pennsylvania, having a balance, including interest credited at the end of December, 1970, in the total amount of $2,247.09; AND IT IS STILL FURTHER ORDERED AND DECREED that the Decree of Distribution so made shall constitute sufficient authority to the Charleroi Federal Savings and Loan Association td recognize the said Charles G. Cheshure, named herein, as entitled to receive the said cash balance in said Savings Account • t ( ·~ ·, ...._ I .,., ,.. ~ No: 5470, and.~o>be.distributed without administration, and that this ·Decree shall, in all respects, have the same effect as a Decree of .... • ~· ~-~ ....-.. ' \ --4: .. ., • "!' ~ .-~ " \ ' < '& J f .. 0 .. ( 11., 0 I ~ •. ·. · Distribution after an accounting by a personal representative, provided t . ~ .. ·. ~ .. ~ " ..... that within one year from the date of this Decree of Distribution, shoul ~-•, ~ .'") ~ I -~~-; \ • • 'I ~ • :~\ ~ ·.any party'. i~ interest" file a Petition to revoke same because an impr-oper . ·, -.distribution has been ordered, and the Court· should so find, then the 'i ' . } within Decree of Distribution shall be revoked, and the said Charles G. Cheshure shall be directed to make rest~tution as equit-y and justice shall require; and this Decree is made pursuant to the authqrity of Section 202 of the Fidociaries' Act of April 18th, 194-9, P.L. 512, as ~mended (20 Purdon's Penna. Statutes, Section 320.202). '· ~ ~loo II 'l •' ., . .. ~ ' ,, ,. .. t . -.. .. . ~ ~-~ ' <'-_.,_ • ' ----~ ' r.: '· ' -_, .. t :. . • '• ~ . .. . t 4 -, \ I ,_ - -'"' 1-.. ,W .• . . . • r·4 ; ~ -~ ., ... __ 4