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No.~l5·:2I.~,b ff-/;~d "
IN THE COURT OF COMMON
PLEAS OF WASH.CO.J'PENNA.
ORPHANS 1 COURT DIVISION
In Re:
Estate of
JOSE FERNANDEZ,
Deceased
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PETITION:'F(0'R,S:;ETTI::;EMENT OF--;.~_.---'.,-'-.~-..,..-.....-
SMALL E~~>":r.i?TE'UNDERQ,E~IQ:N
202,FIDUG~RIESACT QF,'1949
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~~~,\l S.BARRY ANDERSON\1 \~ATTORNEY AT LAW
,r 617 McKEAN AVENUE
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IN THE
COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS I COURT DIVISION
In Re:
Estate of
JOSE FERNANDEZ~
Deceased.
)
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PETITION FOR SETTLEMENT OF SMALL
ESTATE UNDER SECTION 202,FIDUCIARIES ACT of 1949
To the Honorable the Judges of said Court:
The petition of GERONIMO TUNON,respectfully represents:
1.That Jose Fernandez,aged 74 years,died testate,on April 20,1971
a resident of 217 McKean Avenue,Donora,Washington County,Pennsylvania
2.That your petitioner resides at 1300 Fayette Street,Donora,Washington
County,Pennsylvania and is co-executor,together with Mellon National
Bank and Trust Company,of the Will of said Jose Fernandez,dated July 12,
1968 which is attached hereto as Exhibit "AI';together with codicil dated
December 5,1968.
3.That your pet!tioner has not and does not intend to probate said Will
since the total assets of estate are under $2,500.00.
4.That the codicil of said Jose Fernandez provides,inter alia,for the
!,.
residue of his estate to be given to his sister,FAUSTINA FERNANDEZ,
but in the event she does not survive him then to his niece,Encarnacion
Alvarez Fernandez,both of whom reside in Spfl.in ..:~
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5.That there is no-person entitled to claim the family exemption.
6.That at the time of his death the said Jose Fernandez was seized of the
following assets:
A.Mellon National Bank &Trust Company
Donora Office,Donora,Pa.Save Acct.#22775
B.U.S.Steel &Carnegie Pension Fund
$2324.71
Total .._$2324.71
7.That no disbursements have been made by your petitioner prior to the
filing of this petition but the following suggested disbursements are presented
for Courts approval:
A.Lawson-Rabe Funeral Home,Donora,Pa.
Funeral services,including cemetery plot
Less - -credit of S. S.lump sum death bene.1183.10
$1183.10
B.D.M.Petro,M.D.,Donora,Pa.
Medical services
C.Charleroi-Monessen Hospital,services
D.S ..Barry Anderson,Esq.-couI1;sel fees
Total $
115.00
-0-
200.00
1498.00
8.That to the best of your petitioners information there are no unpaid
claimants or creditors of the estate of Jose Fernandez.
9.That your petitioner request the Court to waive notice of presentation
of this petition to the beneficiary under decedents Will since she is a
resident of Spain,in view of the fact that all disbursements are to preferred
claimants.
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10.That your petitioner request the Court to permit distribution of any
balance remaining to be paid direct to said beneficiary subject to payment of
inheritance tax and any additional <XBts connected therewith.
WHEREFORE,petitioner prays that the Court direct distribution of
the balance of the property remaining ~or distribution of the said Jose
Fernandez to the person intitled thereto ·as follows:
Faustina Fernandez -surviving sister
Prado Teverga,Oviedo,Spain ...and that your petitioner
be discharged from his duties.
~~~GeronImo Tunon
STATE OF PENNSYLVANIA
ss.
COUNTY OF WASHINGTON )
Being duly sworn according to law,GERONIMO TUNON
deposes and says that the facts set forth in the fore.going petition are true
and correct to the best of his knowledge and belief.
t&~~.~ronimoTunon ------------
SWORN to and Subcribed
be;~r~J?e this c?Jit day of April,1971
,;.
IN THE
COURT OF COMMON PLEAS OF WASHINGTON COUNTY J PENNSYLVANIA.
ORPHANS'COURT DIVISION
In Re:'
Estate of,
JOSE FERNANDEZ J
Deceased.
No.------------1971
JOINDER
{ts.s.-',
The undersigned,a"Trust Officer J for Mellon National Bank and
Trust Company has read the attached petition and joins with the petitioner
in prayer of same.
MELLON NATIONAL BANK &TRUST CO.
By·~t?~;7 /.
'4,
,"
____(SEAL)
I direct that all my just debts,funeral and testamentary expenses
In the event that my :riiece does not survive me,then I give,
FIRST:
IN WITNESS WHEREOF,I have hereunto set my hand and seal
FOURTH:I hereby nominate and appoint GERONIMO TUNON,of 1300
FERNANDEZ,of Sograndio,Proaza,Oviedo,Spain.
Fayette Street,Donora,Pennsylvania,and the MELLON NATIONAL BANK
LAST W'ILL AND TESTAMENT
memory,do hereby mak,e,publish and declare this to be my Last Will
Donora,Washington County,Pennsylvania,being of disposing mind and
I,JOSE FERNANDEZ,ofP.O.Box 125,217 McKean Avenue,
personal or mixed,and wheresoever the same may be situate,I give,
and Testament and revoke all Wills by me heretofore made.
survives me.
devise and bequeath unto my nie:c-e",ENCARNACION ALVAREZ FERNANDEZ
of·'Prado Teverga,Oviedo,Spain,-to be hers absolutely,provided she
THIRD:
devise and bequeath my entire estate to my niece,MARIA ,PAZ ALVAREZ
be after my decease.
be paid by the executors,hereinafter named,as soon as conveniently may
SECOND:All the rest,residue and remainder of my estate,whether real,
AND TRUST COMPANY,Donora Office,as co-executors of this my Last
Will and Testament.
0 .•.......
Signed,sealed,published and d~clared by the above named
Testator as and for his Last Will and Testament,in the presence of us,
who,in his presence,at his 'request,and in the presence of each other,
pave hereunto subscribed our names as attesting witnesses.
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IN THE
COURT OF COMMON PLEAS 'OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS t COURT DIVISION
In Re:
Estate of
JOSE FERNANDEZ.
Deceased.
)
)
)
)
)
No.1971
rsuant to the provisions of
DEC R E E
AND NOW this $of _-=::/,L:.~~:e:::=:~
consideration of the annexed petition an
971.upon
Section 202 of the Fiduciaries Act of 1949.as amended,the'property of the
Estate of Jose Fernandez,namely:$2324.71 cash.is ordered to---------
be distributed and is awarded as follows:
Lawson-Rabe Funeral Home -Bal.Due ....,
D.M.Petro,M.D.-services
S.Barry Anderson,Esq.-legal services
$1,183.10
115.00
200.00
After deduction of any amount found to be due the Register of Wills
for Inheritance Tax purposes,·the residue is to be awarded to Faustina
Fernandez,pursuant to Will and Codicil of Jose Fernandez.deceased.
Payment and distribution is accordingly decreed and Geronimo Tunon
petitioner.is hereby authorized to receive,collect and distribute the pror;ert
as hereinbefore set forth and to make any and all necessary assignments and
transfers,and Mellon National Bank and Trust Company.Donora Office,
Donora.Pennsylvania is authorized to distribute the savings account N:>.2277
of Jose Fernandez,deceased,to Geronimo Tunbn for purposes as set forth
in the decree.
By the'Court,