HomeMy WebLinkAboutOC1971-0424 - ESTATE OF MAZZIE~3-7/-J/~1.¥
IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
NO.
IN RE:
ESTATE OF
CATHERINE ~O MAZZIE and
DEBORAH SUSAN MAZZIE,
MINORS
PETITION FOR NATURAL GUARDIAN
TO EXECUTE DEED UNDER
REVISED PRICE ACT
(ORDER WITHIN)
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NSHERMAN H.SIEGEL
ATTORNEY AT LAW
WASHINGTON,PENNSYLVANIA
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3.The said minors acquired their interest in
said property as intestate heirs of their Father,Joseph C.Mazzie
who died September 22,1966,seised of an undivided 1/40th
interest therein,whereupon your petitioner and each of said minor
children became vested as intestate heirs of an undivided 1/120th
interest therein.
4.The entire 'lots Nos.954 and 955 in the Gordon
Land Company Plan had been conveyed to Domenico Mazzi,Samuel
Desmond,Bennie Desmond and Joseph Desmond by deed of Adam Behner
et ux.'dated December 1,1917 and recorded in the Recorder's
Office for"said County in Deed Book 453 page 344.
•5.The said Domenico Mazzi,Samuel Desmond,Bennie
Desmond and Joseph Desmond effected an amicable partition of said
lots by agreeing to divide the same in separate parcels between
them.
6.Bennie Desmond died April 10,1942,intestate,
without having received a deed from the other tenants in common
of his agreed parcel of said.lots as described in Paragraph 2
hereof.The said Bennie Desmond,during his lifetime,had execute
deeds to the other co-tenants £br their respective portions of
said lots.
7.By deed dated April 6,1970,the owners of the
undivided interests in said lots (except the minors abovenamed)
executed and delivered a deed to Mary Thresa Desmond,widow of
Bennie Desmond,for the premises above described.By virtue of
said deed,the said Mary,Thresa"Desmond acquired the entire fee
simple,title ~o said parcel of ground except for the undivided
interests of the said minors,Catherine Jo Mazzie and Deborah
Susan Mazzie.
8.The said Catherine'Jo Mazzie and Deborah Susan
Mazzie,as intestate heirs of their Father,Joseph C.Mazzie,
each acquired the bare legal title to an undivided 1/120th
interest in said parcel of land,the equitable title thereto
being vested in the said Mary Thresa Desmond,successor in title
to Bennie Desmond,by virtue of the amicable partition-referred
to above.
9.The fee simple title to said parcel of land is
assessed by the County of Washington at $/5'"t>A'-as appears by
official certificate of assessment attached hereto and made a
part hereof.
10.Your petitioner avers that the interest.of
Bennie Desmond,predecessor in title to the proposed g:r:antee,
was conveyed to said minors'ancestor pursuant to the amicable
partitionreferrec;1 to ~bove,and that in all justice and equity
the interest of said minors should be conveyed to the said Mary
Thresa Desmond.
11.That the said sale may be made without prejudice
to any trust,charity-or purpose for which the real estate is
held and without the violation of any law which may confer an
immunity or exemption from sale or al,iE::enati5on.
12.That the said Mary Thresa Desmond has agreed
to underwrite the expenses of the preparation and filing of this
petition and the preparation of the proposed deed and to save
the said minors hatmlessfrom any expenses incident thereto.
WHEREFORE,petitioner prays Your Honorable Court to
authorize her as natural guardian of the said Catherine Jo Mazzie
and-Deborah Susan Mazzie,to exeduteand deliver a deed to Mary
Thresa Desmond conveying the-undivided interest of said minors
~.
therein.
•
COMMONWEALTH OF PENNSYLVANIA )
58':
COUNTY OF WASHINGTON .),
Personally appeared before me,the undersigned
aut~ority,ELEANOR M.MAZZIE,who being duly sworn according
to law,deposes and says that the facts set forth in the annexed
petition are true and correct to the best of her knowledge,
information and belief.
Sworn to and subscribed before
me this
1971.
22nd day of April,
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AlisrSlimrnt (firrttfirutr
WASHINGTON COUNTY,PENNSYLVANIA
OFFICE OF THE BOARD FOR THE ASSESSMENT AND REVISION OF TAXES
April 23 71Washington,Pa.19 _
This is to certify that the following is a full,true and correct transcript of the assessment of property
taxable for county purposes,as shown by the books of records in this office,at the above date,for the tax
year 19 71 ,assessed in the district of Canton
in the name of
c:
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C't _
Desmond,Mary Thresa
970 Jessop Street
Washington,Pa.15301
Pt Lots 954-955 15
12-11-795 DB 759~ae6
.,
By
(;7 ..BOARD FOR THE ASSESSMENTl:JI>J!~
Chief Assessor.m~.,
(SEAL)•'<..1--'
IN THE COURT,OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
(ORPHANS'COURT DIVISION)
IN'RE:.'.
ESTATE OF
CATHE;RINE JOMAZZIE and
DEBORAH SUSAN MAZZIE,
MINORS
)
NO.
ORDER
AND NOW,this'.~;<3 day of April,1971,upon
.consideration of,the foregoing petition and upon motion of
Sherman H.Siegel,Esquire,-attorney for petitioner,the Court,
being of the opinion that the conveyance by the Natural Guardian
will be to the intel;',est and advantage of the minors and without
prejudice to any trust,-charity'or purpose for which the real
estate is held and without the violation of any law which may
confer an immunity or exemption from sale or alienation and it
appearing to the Court that the said conveyance is to be made
without cost or expense to the said minors,the Court hereby
authorizes Eleanor M.Maziie;Natural Guardian of Catherine Jo
Mazzie and Deborah Susan Mazzie;',minors,to execute and deliver
to Mary Thresa Desmond,a deed conveying all right,title and
t
interest of said minors in and to ALL that certain parcel of
ground situate in Canton Township,Washington County,Pennsylvania,
t'
being part of Lots Nos.954 and 955 in the Gordon Land Company
Plan of Lots (Plan Book 2 page 173),said parcel being bounded and
described as follows:
BEGINNING ata point in the dividing line
between ,Lots Nos.953 and 954 in said Plan,said Point
being North 30 feet from the intersection of said
dividing line at the Northerly line of Alley "E"as
shown on said Plan;thence in a Northerly direction
along said dividing line between Lots Nos.953 and
954 a distance of 30 feet to a point;thence in an
Easterly direction passing through Lots Nos.954 and 955
on line parallel with and equidistant 60 feet from the
Southerly line of Greene Street,a distance of 60 feet
to a point in the dividing line between Lots.Nos.955 and
956 in said Plan;thence in a Southerly direction along
the dividing line between Lots Nos.955 and 956 a distance
of 30 feet to a point'in said dividing line;thence in a
Westerly direction passing through Lots Nos.955
and 954 along a line parallel with and equidistant
30 feet from the Northerly line of Alley "E"a
distance of 60 feet to the point at the place of
beginning.
The title transferred to the purchaser to be indefea ibl
by.any.person ascertained or·unascettained or any class of person
having a pre~ent or expedtant intere~t in the premises and
unprejudiced by any error in the proceedings of the Court •.
It further appearing to the Court that no monetary
consideration is passing'to the minors,.it is Ordered that the
Natural Guardian be excused from filing Bond.