HomeMy WebLinkAboutOC1971-0180 - ESTATE OF CHESHURE..
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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 ·
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VICTOR E. RIVA, ESQ
P. 0. BOX 115
CHARLEROI,_ J:A~ 15022
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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:
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The Petition of Charles G. Cheshure respectfully represents:
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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,
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-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,
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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
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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
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under Section 201 of the Fiduciaries' Act of 1949, as amended.
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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.
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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
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owing.
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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
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'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
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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.
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COMMONWEALTH OF I?ENNSYLVANIA" .· . )
.COUNTY-OF WASHINGTON j • ... • • --
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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.
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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
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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
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•. ·. · Distribution after an accounting by a personal representative, provided t . ~ .. ·. ~ .. ~ " .....
that within one year from the date of this Decree of Distribution, shoul
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·.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
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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).
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