HomeMy WebLinkAboutOC1971-0465 - ESTATE OF FOSTERFORM 67
REV.1-50
REG.WILLS
FOR SUIT PURPOSES ONLY:
!\ppliratintt fnt 1}jttftts nf !\~mittisttatintt ntt t1rr
,,'J
Estate of ~~.G..;t~M.X f.QS..'J];.R ..
late of........W.9.§.h~ng,t.QP..".....W.g.§.b.~ng.t9..P.....c..Qu.nt.y..~.....p.e.nna...,Deceased.
Before the Register of Wills of Washington County
personally appeared §.R!~g¥.¥.Q.?..'J];.R :.
who,being duly sworn deposes and says that CRC.IL RAY F..QS.1'ER .
age.....;3.l......,having....his....last family or principal residence at..49.Q....F..awn Dr.i"'.e..,Wa.shing.ton
(Street and·Number)
.......................W9.s..b.ing.t.Qn.,Washington County,Pennsylvania,died intestate
(Ci.ty,Borough,Township)
at G.h~.;:J.;:J.~;!;'.~J..:9.w.n~.h.~·J?,on the.l6 day of .A.l?t"..il .
A.D.,19....71 ,at....z.:..3.Q P..A M.,possessed of personal estate to the estimated value
$1Q.Q.~..Q.Q ,and of real estate in the CommonweaLth of Pennsylvania to the estimated value of
$D.9..n~,situate in ·.
The names and addresses of the decedent's surviving spouse (if any)and other heirs (including
heirs by adoption)are as follows.
REJ,ATIONSIDP RESIDENCE
.§.9:!E..!.~Y.~?~.~~.?;.~.p.gy..~.~4.2.Q ¥.~.~.~P.IJY..~..1..J'!~.~.h.~P:g~.9.n.)..Penna •
.........................................................................................................
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
.......................................................................................................,.
.......................................................................................................,.
,.........................................................................'.
That deponent is over 21 years of age,resides at...4.9..Q F9.W.n Dr..iy..e.t Wa.s.hingt.Qn.,...
......................................::p~.:gP.:~.yJ.y.§.n~.g .
is a citizen of the United States and a resident of Pennsylvania,and respectfully applies for Letters of
Administration upon the Estate of said decedent,no letters having been previously issued thereon.
S~orn and subscribed before me this....~.~.........../.1 fJ d-,_-~~+)..··ftf.cl~..ydfo·s7:r~r.;;~;~....·..........·..·
da~.Al?.r.J!:,A.D.,If ..7.l .....u...?;~~~.~.~..
REGISTER
COMMONWEALTH OF PENNSYLVANIA}SS.
WASHINGTON COUNTY,.
.And now ~.P..;-..:q ?:..(..~,19 .?.!.,comes S.hir..1.e.y .F.QS.te.r ..
who being duly sworn doth depose and say that.§..hg will well and truly administer the goods and
chattels,rights and credits of Cfil.s:;,.j,l R9..Y.F.Q§.t.~.t"; ,deceased,
to the best of.......hexskill and judgment in strict compliance with the laws of this Commonwealth,mind-
ful of the laws relating to inheritance taXies.
\/~
Sworn and subscribed before me this..~..~..
day A .......AP~~......,A.D.,19 11 ..
,l-.J4~~f.?'L2~..
REGISTER
,"Lo ~-7 1-l..j 1.=.5"'
APPLICATION FOR
Letters of Administration
ESTATE OF
........CEC.IL RA.y F.OS.TER..
.Deceased
R $.
Letters......................................................t1"t:f If
P $1(...
$.Extra Alias ').9-.I tJ-cJ
./.$..Certificates .
Renunciations $..
..................................................................$..
.,............
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.;]..f'ii..~·~:.::.:·..~·~·~·..
.......f~.~nk g..~~g.§.;r.~.9..rL .
Attorney
~2
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..
L 3 -7)-!.ftos-
Estate of Q~.~.~J It.I;l.Y ~.().~~.C3.r.}
\Vi h .t No................of 19.......
late of ........!3.I:l ...::L.rlg~().!1 ..,Deceased
KNOW ALL MEN BY THESE PRESENTS,
Shirley Foster as rrincipal and United States Fidelity and GuarantyThatwe,..
Co.Baltirnobe Md;Surety...........................................................1 "..
all of.Washington County,Pennsylvania,are held and firmly bound unto the Commonwealth of Pennsyl-
vania,for the use of those interested in the estate,in the sum of ()!1~~.0-.C?u..~~!1~Dollars,to
be paid to the said Commonwealth,.to which payment,well and truly to be made,we do bind ourselves,
jointly and severally,for and in the whole,our heirs,executors,administrators,successors and assigns,and
each and every of them,firmly by these presents.Sealed with our seals and dated the ~.E?~.!J,day of
...............~p;r...tl A.D.,one thousand nine 4undred and .?E1.Y~.!1.ty 9.I1:~.
THE CONDITION OF THIS OBLIGATION IS,That if the above bounden ..
··············:t"'ix···········..····~·0-·~r.Je:·y..··r.()·~·~~·~.
AdministratM'.........................................or any of them,shall well and truly administer
the estate according to law,this obligation shall be void as to those who shall so administer the estate;but
otherwise,it shall remain in force.
Sealed and delivered in the presence of:
8'tattttttnt of &urrty
I.--------------------------------------------------------------.------------------.-.----.--....----..--,surety in the sum of $..... .on the
administration bond in the estate of ..------.-------------------..-----..---.. ........_...__....._,say that I reside at
-~.-------------.-----..----..------------------..---..--..,Washington County.Pennsylvania;that I am the owner of real estate.the
title to which is in my own name and duly recorded,situated in ..______•
Washington County,Pennsylvania.worth above all encumbrances $------__..;and that I am worth the
amount'expressed in said bond,over and above my just debts and liabilities.
Street
i'tattttttnt of ~urrtt!
P.O.
I,...... . .,----------..----------------,surety in the sum of $..__..._.......__.on the
administration bond in the estate of ..-----..-------..----.----..-----------...------..-----..------.........__....... •say that I reside at
.....'-.......•Washington County,Pennsylvania;that I am the owner of real estate,the
title to which is in my own name and duly recorded,situated in ___________..,
Washington County,Pennsylvania.worth above all encumbrances $------. ..;and that I am worth the
amount expressed in said bond,over and above my just debts and liabilities.
.........._.
•_--------------0 -••_---------------.-----_._---_
COMMONWEALTH OF PENNSYLVANIA,}SS:WASHINGTON COUNTY.
Street P.O.
And now ____..__19.............comes____..--____
who being duly sworn,says that he is acquainted with the financial standing of the securities to the within bond;that
the said obligors have each executed the said bond and that the sureties thereto are the owners of real estate in their
own right of value more than the penal sum of said bond over and above all incumbrances and exemptions.
Sworn and subscribed before me this ------------------------------
day of ....A.D.19__...__
r.j
-F
~3 ~7/-,Lj~s
NO ...~.-tj-i.-....-
A~miui!1tratinu 1Bnub
IN THE ESTATE OF
CECIL RAY FOSTER
And ,now ~p!"g..~~,19..71 .
Bond approved and Letters issued to
~-n
-.--...S-h:iT.~~.-f;~.~~~~------;'_.__:;::..._....
if).:;><.::.-0._,(l ?,.1
who wa:s~dU1y qual~ried::\...---..---- -~..~--,~:..,;.,:--_.----..",.--:.:::::J -.-.
,':>...(.....,Russe~l·Marino -
---~--..-----------;:--~--::.;..":..--- - -----------..:-._.
c-,:;:..,......,Register
.:.!:.t\]r-0
)::;_(;i
Bond Book ....~...._._.........Page ...~~~.
BAOZIK PRINTING ~9 DONORA
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY.PENNA.
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF
CECIL RAY FOST ER.
DECEASED.
§
§
§
§
§
§
§
AFFIDAVIT OF SERVICE
Commonwealth of Pennsylvania
County of Washington
§
§
§
SS:
Before me.the undersigned officer in and for the said county and
commonwealth.personally appeared Clifford C.Ammon.who first having
been sworn according to law.deposes and says that he served the subpoena
in regard to the above captioned matter upon William Riggle.also known as
Bill Riggle and Linda Riggle.his wife.by handing same to Linda Riggle.at
their residence.R.D.#1.Prosperity.Pennsylvania.on April 5.1972.
at 10:02 A.M.o'clock and making known to her the contents thereof.and
deponent further states that the identity of the said Linda Riggle
was personally known or satisfactorily proven.
Sworn to and subscribed before
m~this ,"5~ay of April.1972.
tltWA K.HA,NtR.NOTARY PUBLIC
.WASHINGTON,W!\:.'HINGItif'/ClJuNTv
MY COMMISSION EXPIRES MAR.15,1976
Member,Pennsylvania AssociationofNotaries
1s,:3 -71
No.63-.
ESTATE OF
-
N~
CECIL RAY FOSTER,
DEC'D
PAPERS SEALED UNDER ORDER
OF COURT
PER DECREE OF APRIL 10,1972
filed in LOCKED COMPARTMh~T
ON ORPHANS'COURT SIDE
DATE April 10,1972
ATTORNEY _
CLERK__F _KH _
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nADIa PATRICIA A.nflDIC TUOUflS
NAGY AQUILLANAGYLARRY
SCmlALBACH tmrmETBNAGYSTEVE
nnOGGI DONALD J
EnOGOr JUDITII JntN
VEUANZI FRANK
FAER DOROTHY
TIMKO JOHN JR.
PIERCE:UARt
VEtlAUZ!I1TT1L10
VErJATlZI.ROHALA
FRITcn CHARLESFRITCHL!LLIAN
CHACKO FRANK ACHACKOYARY
KOSCELEK MAny 3
KOSCELEK PAUL P
HIGn STREET
LENZI JULIA »
LENZI LOUIS »FALORIO GENNARO ~
A~DnOSE LonnAINE !DAunROSELOUISD
NI'Ur.lt.EtIZAB!i:TH DNEILLMARYa
FALoaIO DOMENICK D.FALORIO FLORENcrE »
SIDOUE UICrIAEL Jo D
HIGHLAND AVE.
PODUOSKY ELIZABETH Eo n
POIrrlOSK!JOSEPH D
TIMKO ~IKE n r
·.
lli THE COURT OF COMMON PLEAS OF WASHlliGTON COUNTY,PENNA.
ORPHANS'COURT DNJSION
INRE:
Estate of
CECIL RAY FOSTER,
Deceased.
(
)
(
)
(
)
(
No.465 of 1971
ORDER DISMISSlliG APPEAL
AND
SEALING CERTAIN PAPERS
AND NOW,April 10,1972,IT IS ORDERED AND DECREE
At'the instance of counsel·for the Petitioner and counsel for
the Respondent,the Appeal of the Petitioner from the decision of the Register
of Wills granting letters .of administration to Shirley Foster in the above
estate is dismissed,at cost of Petitioner;the administrati<Dn of said estate
shall be resumed by said Shirley Foster as administratrix.
The following papers and documents filed in said matter are
ordered sealed and withheld from inspection except on order of the Court,
and upon cause shown:.
1.Appeal from Register1s granting of letters of administrat"n
to Shirley Foster,dated February 15,1972,and filed by Petitioner,Helen L.
Boggs.
2.Answer and New Matter filed by Respondent.
3.Answer to New Matter filed by Petitioner.
4.Interrogatory filed by Respondent.
.'
5.Answer 'to Interrogatory filed by Petitioner.
All other papers are open to inspection as papers regularly
filed in said office.
By the Court,
-2-
J.
.1
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--~
J..3 %-/6'3"-/
*
/D
INHERITANCE TAX RETURN
FOR lNSOL,.VENT ESTATESONLY
OF RESIDENT DECEDENTS
~Ct-,63 (Z-!!4)
COMMONWEALTH OF.PENI'lSYLVANIA
DEPAIHMENT OF REVEI'lUE...
BURE~U OF COUNTY COLLECTlOI'lS
'TRANSFER I~H~RITAN~E .TAX DIVISIOI'l
,....".(
This return must be co·mpl",ted i"r detail and filed in duplic;ote,with the Register of Wills In the <;:ounty where the deceden·r sided within one
year ofter dote of deoth,unless an extension!s granted by the Secretory of Revenue.
Misc.
being duly sworn according to law,deposes and says that he is the---,·:,i;;.A~.dld.·.I..Im>J....I..Iinu...LJis;:z.t!<.!rwa"l.t.s..r&.....-..ix~---,-_
.(Exec"Ad",.,Legatee,etc,)
of the estate of Cecil Ray Foster late of City of Washingt on_-,--"-'.".."...............,""""'1--"'....,.:.t.<.>~~_,.......--.i (City,BarQugh,or Township)
deceased,and that the w~ole of the estafe of sQid dec.edent,who died on -,--_A=4.lp"",r"-,,,,il,,-,,1,-,6"-l',:=.:-,1"-'f9-,-7~1,--_
(DQte)
consisted of the assets listed below and thQt a"owa~le debts and deductions exceeded the fair mil~ket ~alue of the assets and
Will"
Admn.t-40.-'--,-~~19_~I,_--.-..SJ..LH.J,.I~B.k.,L~."~EL,..Jr~F:...!lQ.,lJS>LT..I,....bE!.;!.RJI...,.,..·__~_of 490 Fawn Drive.Washington,Pa..(Na",e)..(Address)
Department
Valuation
CAUTION
(Do not writ.e
in this space)
Estimated
Market
Value
.~~.Administratrix
(Slgnatur (Title)
M Commission Ex ires'28 1 976
AS"SETS
(Att(Jch additionol s"'eet~if necessary)
Description of Asset
Type of Asset:.
Reol Estate,Pers,
Property,Jointly:.
Held Prop,or
.Transfers
no PennsylvaniQ Tr~nsfer l!'Iheritance Ta~is due,
worn ands~bscrib1ild I;teforeme ......,.'./"
~~~.19~
Personal
Property
Proceeds of settlement of survival action
..claim for personal injuries,Estate of
Cecil Ray Foster vs.Glenn L.Ewing,Jr.
filed in the Court of Common Pleas of
Washirgton County,Pennsylvania,.at
No.22 January Term,1972,A.D.$100.00
00/DO-$100.00TOTALS
'.
REPOIHOF INHERITANCE TAX APPRAISER
I,the undersigned duly appointed Inherito!'lce Tax Appraiser inand for the above County do respectfully report that I have
appraised the real and personal property as reported in the fore9oing,~ule at th~valu~s set
the IQstcolu n to the ri9ht.·...'Da ed:'/..-+,...)O:.~k2:!.:~::::::-.I5>.-",=-..!..-;UL..d.J.'L/.f.~""C2--.,--
Name of Payee DEBTS AND DEDUCTIONS
Nature of Claim
Amount
CIQimed
Amount Approved
by Register
Ferrell Funeral Home Funeral Bill $1"463.50
S.White's Sons Monument ..325.00
Ambulance &Chair Svc.Ambulance Service 40.50
Claysville Cemetery
Association
..
.Opening and closing grave 85.00
TOTALS $1,914.00
REPORT OF THE REGISTER OF WILLS
I,the l,Indersigned duly elected Register of Wills .in and for the above County,do respectfully report that I have allowed
deductions in the amounts set f()rth in the above .schedule as claimed,except where I have set forth a greater or lesser amount
in.the last column to.t.he right;Whi.C.h gre.ate.r o.r ·1 e..sser amount represen.ts..the s.~..w.eda..s a deductiOn.,.
Date of ApprovClI:APR 9 .197fRuSSELL MAR~...~~l~~"vo ·
..••""."-...Regist"r of Wills
"
Will }
Administration .No.Year__
IN THE
MATTER OF THE APPRAISEMENT
>
OF THE
ESTATE OF
CECIL RAY FOSTER
Deceased
Late of City of Washington
County of Washington
Commonwealth of Pennsylvania
REPORT AND APPRAISAL
.:E ;:0
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.00 T
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1,II 63.5 a
325.00
l10.50
85.00
L 9 14.00S
1)91 4.0 a T
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/'.00 T
1 00.0 a
1 0 0.0 as
100.00 T
1,9 1 lj .0 a_
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'------4-:r3:S aI
1,64150 -.
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RCC-51 (6-73)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
HARRISBURG
17127
NOTICE OF FILING OF APPRAISEMENT
SHIRLEY FOSTER
(Executor or Administrator)
IN YOUR REPLY PLEASE
REFER TO
Inheritance Tax Division
In Re:Estate of __C.:.:E::..:C:...::IL::.=---.:.RA_Y_F_o_S_TER _
WASHINGTON C I 63-71-465ounty-Fi e No._
Dear MISS FOSTER:
Y h b 'f'd h h,ORIGINALouareereynotlletatCEC.,..,.---............yrr--ll'''''''O'''''S''"'!'"'''ER''''.,...-------------
apprai sementin the estate of-----IL_RA ---.:rT7'l'f"i'YimnJ''\'It'I''"""__------
has been filed in the office of the R~ister of Wills of WASHmTON . '
County on APRIL 9,,19_'/_4,Said appraisement reflects the-foUowing
valuations:'
Real Estate --.."....,..,.......,......-_100.00PersonalProperty _
Transfers ---------
Jointly Owned _
Total .=l:.=.O~O::!....OO=__=_·_
As to such tax that is paid within three months from date of death,a five (5'%)
percent discount is allowable.As to any tax that remains unpaid after nine (9)months
(fifteen months when death occurred from December 22,1965 to June 16,1971,inclusive;
and twelve months when death occurred prior to December 22,1965)from date of death,
interest at the rate of six (6%)percent per annum is charged.
Any party in interest who is aggrieved by this notice may object thereto within
sixty days after receipt of said notice as provided by Section 1001 of the Inheritance and
Estate Tax Act of 1961,72 P.S.2485-1001,P.L.373.
Date APRIL 9;197~Si9~~LRj)<2dMaA-<...c
Title __AP_·_P_RA_I_SER__ll _
DATE OF DEATH:APRIL 16,1971
Note:This is not a bi II.
ESTATE INSOLVENT
RCC:;;(5-68)
~
COMMONWEALTH OF PENNSYLVANIA
TRANSFER INHERITANCE TAX
RESIDENT DECEDENT
SUMMARY
Estate of FOSTER,.CECIL RAY
(Last Name)(First Name)
DATE OF DEATH 4-16-71
(Initial)
FILE NO~3-71-465
REPORT OF INHERITANCE TAX APPRAISER
I,the undersigned duly appointed Inheritance Tax Appraiser in and for the County of__W_A_S_H_I_N_G_T..;.ON _
Pennsylvania,do respectfully report that I have appraised the real and personal property as reported in the foregoing return at
the values set forth opposite each item in the last column to the right in Schedules "A","B","C",and "E".
APRIL 9,>1974Dated:------"--------
APR 9 197¥'RUSSELL MAi.INO
......<II.."
Dated:
.REPORT OF THE REGISTER OF WILLS ~~
I,the undersigned duly elected Register of Wills in and for WASHINGTON County,Pennsylvania,do respect-
fully report that I have allowed deductions in the amounts claimed by depon t as to those items where a greater or
lesser amount is set forth in the last column to the right in Schedule "F',which gre ter or lesser amount represents the sum
allowed as a deduction.
~NT______--L__
100.00
100.00
1.914.00
ESTA'l1E Il SOL
VALUE AS REPORTED VALUE AS APPRAISED VALUE AS REAPPRAISED
$$$-------+--
INVENTORY
Real Property (Schedule A)
Personal Property (Schedule B)
Transfers (Schedule C)
Joint -Held Property (Schedule E)
TOTAL GROSS ASSETS
Less Debts and Deductions
(SCHEDULE F)
CLEAR VALUE OF ESTATE
Valuation of life estates or
FOR USE OF REGISTER ONLY
Tax on $----------1--2%
Tax on $~
Tax on $5%
Tuoo$1K
Tax on $15%
Exemptions *
Total Estate -1-__
TOTAL TAX
COMPUTATION OF TAX
$-------4---$--------+---
$--,...------4--
$-------+--
$-------+--
$L..-_
(*)As evidenced by Charitable
Exemption Certificates issued
by the Secretary of Revenue.
Less tax previously paid
BALANCE
Less 5%of tax if paid within
3 months after death ::::::::~:~t===
BALANCE OF INHERITANCE TAX DUE $t=
Add interest at rate of 6%from_____to $-------
AMOUNT OF ESTATE TAX ASSESSED $__~_~L-
Estate tax paid $--JL-
BALANCE DUE $---Jl-
Add interest at rate of 6%from t=
------It'o-----$-----~.
TOTAL TAX BALANCE $--------<
PAID $...J
FOR USE OF REGISTER ONLY ADjUSTMENTS
NOTE:Where subsequent adjustments are made to the above computation of tax by the Register of Wills,for proper reason,
same should be noted below,with short explanation.
Will {Administration ~No..Year .
IN THE
MATTER OF THE APPRAISEMENT
OF THE
ESTATE OF
CECIL RAY FOSTER
Deceased
Late of ..........\'lASHINGTON.........-.
County of WASHINGTON'
Commonwealth of Pennsylvania
REPORT AND APPRAISAL
~
,
I
-- --
Fonn RCC-2
COMMONWEALTH •......AR~~~....9..?......~.9.7!±t.................................'."OF PENNSYLVANIA DATE"DEPARTMENT OF REVENUE RESIDENT INHERITANCE TAX ...............WASHlNGT.Q.N..................BU'J,tEAtr OF COUNTY COLLECTIONS COUNTY ...................
•HARRISBURG.PENNA.17127 APPRAISEMENT FILE N&~.:?~.:4..§?................................................................
Whereas,CECIL RAY FOSTER WASHINGTON...........,..........................................................................................................................................late of ...............................................................................................................
in the County of ...................................w.~~·p;~~qf.9.N ..................................................................Commonwealth of Pennsylvania,having died on
the ..................................................+.9.~h...............................day of ............~.................................................19....7.~;,seized and possessed of an estate
subject to Inheritance Tax under the laws of the Commonwealth of Pennsylvania;
Therefore,I,.......................f .......l1om:ini.c....R.....DeMAR.IA.....................................,an appraiser duly appointed according to law,
having been designated to make a fair and conscionable appraisement of the said estate,and to assess and fix
the cash value of all annuities and life estates growing out of said estate,hereby file the following appraisement:
In the event that any future interest in this estate is transferred in possession or enjoyment to collateral heirs of the ,decedent after
the expiration of any estate for life or for years,the Commonwealth hereby expressly reserves the right to appraise and assess transfer
inheritance taxes at the lawful collateral rate on any such future interest.
Unit AppraisementDescriptionofAsselValuesMadeforInheritanceTaxPurpoles
PERSONAL $
SEE,COpy OF APPRAISEMENT 100.00
I
ES'IlATE INSOLVEN'll
form~;~':fhbl:~~:%:'W~~cr"~~~~.~~o~e~~~~~~~~~~:
..................................·······~:ar~Sv~~'l12jr...·e.···i~.penn.
·~~shi.-:J:lgton County
RESIDENT INHERITANCE TAX APPRAISEMENT
Estate of
CECIL RAY FOSTER
Deceased.
Late of
WASHINGTON
~::a;:N~:':J~O;d,;:Ir,16,lY·····················, ..3 .
Page,/~..t.=...1.No..63.~71.,~.465 .
Filed in Register's Office,APRIL 9.,.19 7A.
Amount of tax diee,$.
.DEPARTMENT OF REVENUE
Received,
Examined and Approved,.
Wrote abo.llt Appra.isement,
Appeal f,.om Appraisement,.
Entered and charged,.
I-
I
..
;
"~I i ~t I 1 •I I ~It ~
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF CECIL
RAY FOSTER,Deceased.
§
§
§
§
§
No.63 ...71-465
INTERROGATORY
DIRECTED TO HELEN L.BOGGS
1.State when,where and by whom you were married to
Boggs.Attach a copy of the marriage license to your answer.
JOSEPH P.MOSCHETTA,ESQUIRE
torn for Shirley Foster,
dministratrix of the Estate of
Cecil Ray Foster,Deceased.
r
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:)
··ESTATE OF CECIL RAY FOSTER,)No.63-71-465
DECEASED.··)
ANSWER TO NEW MATTER
8.Petitioner admits that she filed a suit for
divorce against cecil Ray Foster at Las Vegas,Nevada,but avers
that she never procurred a divorce as of the death of Cecil
Ray Foster.As to the remaining allegations,petitioner has no
personal knowledge after reasonab:be investigation,and hence
denies the same and demands strict proof.Petitioner further
alleges that she is not required to answer the numerous legal
conclusions.
9.In answer to Paragraph 9,it is denied that
petitioner willfully and maliciously deserted the decedent,
Cecil Ray Foster,and on the contrary it is averred that she did
not desert said decedent for more than one (1)year prior to his
death.Petitioner further alleges that she is not required to
answer the legal conclusions set forth in the paragraph.
10.In answer to paragraph 10,the same is an alleged
conclusion of law which is false on its face,but the petitioner
alleges that she is not required to answer an alleged conclusion
of law.
">'.
),
11.In answer to Paragraph 11,the same contains
various alleged conclusions of law which are false on their
face,but in any case the petitioner is not required to answer
conclusions of law.
WHEREFORE,it is respectfully requested that the
New Matter be striken at the cost of the Respondent.
BLOOM, BLOOM,ROSENBERG &BLOOM
uire
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF CECIL RAY FOSTER,
DECEASED.
§
§
§
§
§
No.63-71-465
ANSWER and NEW MATTER
TO THE HONORABLE,P.V.MARINO:
Respondent,Shirley Foster,Administratrix of the Estate of Cecil Ray
Foster,deceased,answers the Appeal for Register of Wills Decision Grantin
her Letters of Administration as follows:
1.The respondent admits paragraph one (1).
2.The respondent is presently without sufficient information to form
a belief as to the truth of the averments in paragraph two (2)and therefore,
the same are denied and .strict proof thereof is demanded at the time of trial.I
3.The respondent admits that Lori Jean Foster is the daughter of
the deceased,Cecil Ray Foster.As to all other allegations of fact in
paragraph three (3),respondent alleges that she is presently without
sufficient information to form a belief as to the truth of said averments and
therefore,the same are denied and strict proof thereof is demanded at the
time of trial.
4.The respondent specifically denies that she was not the wife of
Cecil Ray Foster,deceased,and further denies that she could not have been
the wife of said decedent.On the contrary,Cecil Ray Foster,deceased,and
the respondent,Shirley Foster,were lawfully married on the 24th day of
,Ii
August,1968,at Winchester,Virginia.
5.It is specifically denied that the legal name of the party who took
out Letters of Administration in Washington County is not Shirley Foster,but
rather,Shirley Young.On the contrary,the legal name of the party who
took out Letters of Administration in the estate of Cecil Ray Foster,decease,
was and is Shirley Foster and not Shirley Young.
6.The respondent specifically denies that her correct name is
Shirley Young,rather than Shirley Foster.On the contrary,respondent was
lawfully married to Cecil Ray Foster,deceased,as set forth hereinabove and
her legal name was and is Shirley Foster.It is further denied that Shirley
Foster,referred to by the petitioner as Shirley Young,is not the proper
party to bring the aforesaid death action as she has no claim for herself or
the heirs of Cecil Ray Foster,deceased.On the contrary,respondent
alleges that she is the proper party to bring the aforesaid death action and
that she does have a claim for herself and the heirs of Cecil Ray Foster,
deceased.Respondent admits that as Administratrix of the Estate of Cecil
Ray Foster,deceased,she filed a Complaint in Trespass in the Court of
Common Pleas of Washington County,Pennsylvania,against Glenn L.
Ewing,Jr.at No.22 January Term,1972,A.D.
7.Paragraph seven (7)of said petition sets forth a conclusion of law
requiring no answer.
NEW MATTER
8.The respondent avers that on April 5,1968,the petitioner,Helen
L.Foster,now Helen L.Boggs,filed a suit for divorce against her husband,
Cecil Ray Foster in the Clark County Courts,Las Vegas,Nevada,at
No.A-53345.Default judgment was filed on June 4,1968;the Decree of
Divorce was not filed.Prior to the marriage of Cecil Ray Foster to the
-.
respondent on August 24,1968,both the respondent and the decedent had been
informed by Mrs.Nelson,mother of the petitioner,that the marriage of Ceci
Ray Foster and Helen L.Foster had been dissolved by divorce and that Helen
L.Foster had since remarried a man whose last name is Boggs.In reliance
on the petitioner's said representations,the decedent proceeded to marry the
respondent,Shirley Foster.Subsequent to decedent's marriage to Shirley
Foster,the respondent and the decedent attempted to locate the daughter,
Lori Jean Foster,in Las Vegas,Nevada,and in the process contacted the
Las Vegas,Nevada School Board and found that the said daughter had been
removed from the school and placed back into the school system under a last
name other than Foster.Accordingly under the Doctrine of Equitable Estoppe ,
the petitioner is estopped from asserting the continued existence of her marri ge
to Cecil Ray Foster,the deceased.
9.The respondent avers that the petitioner wilfully and maliciously
deserted the decedent,Cecil Ray Foster,for more than one year prior to his
death and therefore has no title or interest in the decedent's real or personal
estate under the Intestate Act of 1947,20 P.S.§1.6 (b).
10.The respondent avers that she has the right to petition the Clark
County Nevada Court at the number referred to in paragraph eight (8)above to
enter a Decree of Divorce Nunc Pro Tunc.The respondent has this right und r
applicable state law,see Annot."Entering Judgment or Decree of Divorce
Nunc Pro Tunc",19 A.L.R.3d 648 (1968).
11.Assuming that the petitioner is ruled the proper recipient of the
widow's statutory share,she would nevertheless be disqualified to act as
Administratrix since she deserted her husband,20 P.S.§320.305 (Supp.
1971).The petitioner maybe further disqualified on the grounds that she is
a non-resident and as such,the Register of Wills has the discretion to refuse
Letters of Administration to an individual not a resident of the Commonwealth
of Pennsylvania,20 P.S.§320.307 (a)(1949).Assuming without conceding
the invalidity of the marriage of the respondent to Cecil Ray Foster,never-
theless,the respondent is entitled to Letters of Administration as a I'fit
•
personfl under 20 P.S.§320.305 (b) (5)(Supp.1971).The respondent is not
a "person not qualified"to serve as an administratrix under 20 P.S.§320.30
(Supp.1971).As a llfit personll Shirley Foster's removal would not be
sanctioned by this section,and her continuation as administratrix should be
permitted.
WHEREFORE,the respondent respectfully prays that the said Petition
and Appeal from Register of Wills Decision Granting Letters of Administratio
to Shirley Foster be dismissed.
JOSEPH P.MOSCHETTA,ESQUIRE
STANLEY E.PREISER,ESQUIRE
MOSCHETTA
I
MOSCHETTA
ATTORNEYS AT LAW
WASHINCiTON.PA.
---------------------.,
•
STATE OF PENNSYLVANIA §
§SS:
COUNTY OF WASHINGTON §
Before me,the undersigned authority in and for the said County
and State,personally appeared SHIRLEY FOSTER
who,first having been duly sworn according to law,depose s and say sthat the
allegations of fact set forth in the foregoing are true and correct to the best
of her knowledge,information and belief.
Sworn to and subscribed before me
this 8th day of March ,1972 •------
My-Commission Expires:May 28,1972
J,
......
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
CECIL RA Y FOSTER,)
In re:
ESTATE OF
)
)
No.[p 3-1 /-L/1t:,S-
Deceased.)
PRAECIPE FOR APPEARANCE
Enter our appearance for the Petitioner in the above captioned
case.
February 15",197:2"
Date
~~.l~A ttorneys for PetitiOU€I'
APPEAL FROM REGISTER OF WILLS
DECISION GRANTING LETTERS OF
"ADMINISTRATION TO SHIRLEY FOSTER
The Petition of HELEN L.FOSTER,now HELEN L.BOGGS,
represents as follows:
1.Your petitiener is an individual residing at 400 North
HonolulJl,Space #31,Las Vegas,Nevada.
2.Your petitioner was married to Cecil Ray Foster,decedent
on the 30th day of July,1961,at Taylorstown,Fa.Since the death of Cecil Ra
~.
Foster your petitioner has remarried and her present name is Helen L.Boggs.
'.
3.There was born to the marriage of your petitioner and
Cecil Ray Foster.deceased.Lori Jean Foster.who was born on the 31st
day of July 196[1 and is now 11 years of age.
4.At the time of the death of Cecil Ray Foster .n April 16.
1971.the said decedent was living in Washington.Pennsylvania.with one
Shirley Young who was not his wife.and could not have been his wife as
the aforesaid marriage had not been dissolved.
5.The legal name of the party who took out letters of
administration in Washington County is not Shirley Foster but rather
Shirley Young.
6.Following the granting of letters to Shirley Foster.whose
correct name is Shirley Young.the said Shirley Young.using the alleged
name of Shirley Foster.filed a trespass suit in the Court of Common Pleas
of Washington County against Glenn L.Ewing.Jr.•at No.
Term.1972.A.D.The said Shirley Young is not the proper party to bring
the aforesaid personal injury action as she has no claim for herself or
the heirs of Cecil Ray Foster.deceased.
7.This said petition is brought to protect the legal rights
of your petitioner Helen L.Boggs and the daughter of Cecil Ray Foster.
deceased.Lori Jean Foster.who presently resides with your petitioner at
the above address.
WHEREFORE.it is respectfully requested that Shirley Young
using the name of Shirley Foster to take out Letters of Administration in
the Orphans'Court of Washington County.shall be removed as
Administratrix of the Estate of Cecil Ray Foster.deceased.and that your
eo ,;
petitioner,·Helen L.Boggs,be granted leave to file for Letters of
Administration in the Orphans'Court of Washington County,Pennsylvania.
Bl.DOM,BLOOM,ROSENBERG &BLOOM
STA TE OF NEVA DA
COUNTY OF CLARK
)
(55:
)
Personally appeared before me,the undersigned authority,
HELEN L.BOGGS,WID being duly sworn,according to law,deposes and
says that the facts set forth in the foregoing Petition are true and correct
to the best of her knowledge,informatien and belief.
¥KL.d~'Helen L.Bo
Sworn to and subscribed
before me this 74:day
O~f&1f"97.2.
~~zed,."..e-:...
I~
I
IN THE COURT OF COMMON PLEAS OF WlEHINGTON COUNTY,PENNA •
.ORPHANS'COURT DIVISION
In re:
ESTATE OF
CECIL RA Y FOSTER,
Deceased.
)
)
No.
)
)
o R D E R
AND NOW,this ,//tit;:tk?-day of February,1972,a Rule is
~I)etayof
issued upon ~J1l:.rley Young,also known as Shirley Foster,to show cause
why she should not be removed as Administratrix of the Estate of Cecil Ray
Foster,deceased,and Helen L.Boggs substituted as administratrix of the
Estate of Cecil Ray Foster,deceased.
./If.,The/Jsaid Rule shall be returnable to the
~19'72,in the Orphans'Court of Washington County at=..:.._~~-
!ti'~··o'clock If,M./i
·,:)
ANSWER TO INTERROGATORY
March 18,1972;Lund,Nevada;Milton Gardner,
Justice of the Peace;Thomas Lockhart Boggs.
STATE OF NEVADA
SS:
COUNTY OF CLARK
Personally appeared before me,the undersigned authority,
HELEN L.BOGGS,who being duly sworn,according to law,deposes and
says that the facts set forth in the foregoing Answer are true and correct
to the best of her knowledge,information and belief.
.~',:
Sworn to and subscribed
before me this ~c;day
of h~~''1972.
-
.----..--~.
...C..III.ISl..r:&'co.OF NEV,o,O"IU:..O
TO BE GIVEN TO THE PARTIES MARRIED
".
,.,
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IN THE COURT OF COMMON PLEAS OF \VASBJlSGTON COU~TY.I'L::NNA.
ORPHANS'COURT DIV!SION
,,:
I,,
.1
No.63-71-465
....:
s
§
S
§
§
INT en HOOf'.TORY
Dill l';CT ED TO f~ELEN L.BOGGS
ESTATE OF CECIL
RAY FOSTER.Deceased.
IN RE:
('\.I'~k:eJ..-.-.._--J!.~<~~-
.f-rttornt.'y f~~hirley Foster,.
[j,dministratrix nfthe Estate of
Cecil Hay foster.Deceased.
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'.....
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t.State when.where and by whom yty,J v,'ere married to
I Boggs.Attach a "opy of the marriage license to your answer•
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