HomeMy WebLinkAboutOC1971-0783 - ESTATE OF EARNESTt~-7/~7t3
IN THE COURT OF COMMON PLEAS
PF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
NO
IN RE:ESTATE OF
GEORGE F.EARNES T ,
a /k/a FRANK EARNES T,
(
Deceased.
(\.
PETITION FOR SETTLEMENT OF
SMALL ESTATE,
&CARROLL
q fj~'~-~\
f
...
-...J
t-l
:--
-.,
L'-.)
=-:::-:;,J:>.;:en ,11 ::n
\0\-_::J C...":::-Z~r-,~~~~;~~~,:_,
~"--~.,~c~?l~r:'~;l ];5~
'II "-
0~
MciLVAINE
•
3:o
r-
l><
=I ~~Z~JTI~SP
~n
r »•l>::u
::E ::uor-r-
..
ATTORNEYS AT LAW
33 W.BEAU STREET
WASHINGTON,PA.
1')...5-//6-
J
to
~
..
LAST WILL AND T~STAMENT
OF
G~ORGE F.EARNEST
Dated February /11L;1961
FRANK C.CARROLL
ATTORNEY AT LAW
"COURT SQUARE ARCADE
WASHINGTON.PA.
)
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'.COURT DIVIS ION
IN RE:ES TATE OF
GEORGE F.EARNEST,
a/k/a FRANK EARNEST,
Deceased.
)
)
)
)
)
No.~3--7j-7f3~
PETITION FOR SETTLEMENT OF SMALL ESTATE
The Petition of George H.Earnest respectfully represents:
1.That your petitioner is the son of George F.Earnest,
and is,therefore,a party in interest in his estate.
2.That the decedent,George F.Earnest,died,testate,
on June 26,1971,at West Bethlehem Township,Washington County,
Pennsylvania,his residence at that time being Vest Bethlehem Town
ship,Washington County,Pennsylvania.The original Will of Georg
F.Earnest,Deceased,is attached hereto,made a part hereof,and
marked "Exhibit A".
3.~at the decedent's entire estate consists of the
following assets:
Checking Account 0300183000 in First
National Bank &Trust Co.,Washington,Pa.650.69
Proceeds flUm insurance policy 6 081 l19-A
with Metropolitan Life Insurance Company 63.00
Total assets of estate 713.69
4.That decedent's only survivors are:
grandsonRoyHermanEarnest
Robert G.Earnest
R.D.1,
Amity,Pennsylvania
grandson R.D.1,j
Amity,Pennsylvania
(ABOVE GRANDSONS BEING ONLY CHILDREN OF ROY W.EARNEST
SON OF DECEDENT,WHO PREDECEASED HIS FATHER,GEORGE F.
EARNEST,HAVING DIED NOVEMBER of 1968.)
a)
b)
c)Norton R.Earnest son 3808 Albrecht Ave.
Akron,Ohio 44312
d)lona Belle Montgomery
e)Thelma Montgomery
daughter
daughter
R.D.4,
Washington,Penn .
R.D.1,
Amity,Penna.
5.That the only creditors of the decedent of which your
petitioner has knowledge or notice are:
John Shrontz Funeral Home,funeral expense
Russell Marino,Filing Petition &2 c9pies of
Order
Frank C.Carroll,Attorney's Fee
Notary Public,Affidavit to Petition
1,340.80
8.50
100.00
1.00
6.That the funeral bill has been paid by your petitioner
George H.Earnest.
7.That no Letters Testamentary have been granted on the
estate of George F.Earnest,a/k/a Frank Earnest,Deceased,and it
is not intended that any shall be applied for.
8.That no wages have been paid directly to members of th
decedent ',s family under Section 201 of the Act of 1949,and no
payment is anticipated.
9.That this Petition for Settlement is made pursuant to
the provisions of Section 202 of the Fiduciaries Act of April 18,
1949,P.L.502,as amended (20 P.S.320.202),and Section 211 of he
same Act,as amended (20 P.S.320.211).
WHEREFORE,your petitioner prays your Honorable Court to
enter a Decree of Distribution,awarding the entire balance of the
estate as follows:
Frank C.Carroll,Attorney's Fee and costs ad-
vanced in preparation and presentation of
within petition
George H.Earnest,Balance
109.50
and to authorize and direct the First National Bank and Trust Com-
pany,Washington,Pa.to issue checks out of Account 030018300 in
the name of Frank Earnest as follows:
Frank C.Carroll
Geopge H.Earnest
109.50
Balance
and to authorize and direct Metropolitan Life Insurance Company to
pay over the proceeds in the amount of $63.00,payable under Policy
No.5 081 199-A in the name of George F.Earnest,to George H.
Earnes t.
~((~Oll
Attorney for Petitioner.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF WASHINGTON
)
)SS:
)
Before me,the undersigned authority,personally appeared,
GEORGE H.EARNEST,Who,being duly sworn according to law,depose
and says that the facts set forth in the foregoing Petition for
Settlement of Small Estate,are true and correct,to the best of
his knowledge,information and belief.
Sworn to and subscribed before
me this /~day of ~7l.
Notary Pu15Iic I
Washington,Washington County,Pennsylvania
My commission expires Feb.20,1975.
J
·.
(ORIGINAL WILL)
ExHIBIT "A"
s.,.
LAST WILL AND TESTAMENT
OF
GEORGE F.EARNEST
I,GEORGE F.EARN~ST,of West Bethlehem Township,
Washington County,Pennsylvania,being of sound and disposing
mind,memory and understanding,do make and declare this to be
my Last Will and Testament,hereby revoking and making void all
other Wills by me at any time heretofore made.
1.I direct that all my just debts and funeral ex-
penses be paid and discharged as soon as conveniently may be done
after my decease.
2.Because my son,George H.Earnest,has assumed
the burden of taking care of me for many,many years,and running
the farm which I presently own,I give,devise and bequeath all
my property,both real and personal,and wheresoever situate,
unto my son,George H.Earnest.
3.In the event there is real estate included in
paragraph 2 above,I believe my son should pay a fair amount
to the remainder of my children,and I do hereby make the real
estate subject to a charge of $500.00 to ea.ch of the following
named children,the money to be paid by my son,George H.Earnest
at his convenience and no interest on the charge:
Roy W.Earnest,Norton R.Earnest,Iona
Belle Montgomery and Thelma Montgomery.
In the event there is no real estate in my estate,then there is
to be no payment of any kind whatsoever to my other four children
·.
on behalf of my son,George H.Earnest.
4.I hereby nominate,constitute and appoint my son,
George H.Earnest,Executor of this my Last Will and Testament.
IN WITlffiSS WHEREOF,I,GEORGE F.EARNEST,Testator
above named,have to this my Last Will and Test~~ent,set my hand
and seal,this J1~day of February,1961.
(SEAL)
Signed,sealed,published and declared by the above
named Testator,as and for his Last Will and Testament,in the
presence of us',who,at his request,and in his presence,and in
the presence of each other,have hereunto subscribed our names
as witnesses thereto.
Address ~/l1l1erctt~.~(Address J s2 oZ t.d t(JJ-k 'l:id;
-2-
·.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF
GEORGE F.EARNEST,
a/k/a FRANK EARNEST,
DECEASED.
)
)
)No.
)
AND NOW,this
DECREE OF DISTRIBUTION
the
foregoing Petition for Settlement of Small Estate having been
presented in open Court by Frank C.Carroll,Esq.,Attorney for
George H.Earnest,petitioner,it appearing that the estate is
insolvent and further that George H.Earnest,petitioner,has
paid the funeral bill of said decedent,which is the only creditor
of the aforesaid decedent,IT IS ORDERED AND DECREED that this
estate be distributed as follows:
Frank C.Carroll,Attorney's fee and costs
George H.Earnest
109.50
Balance
and FIRST NATIONAL BANK AND TRUST COMPANY,WASHINGTON,PENNSYLVAN
is authorized and dir ected to issue two checks out of Account No.
030018300,totaling $650.69,one payable to Frank C.Carroll,Esq.
for costs am fee in the amount of $109.50 and the other to George
H.Earnest for the balance of said account,and further,METROPOLI-
TAN LIFE INSURANCE COMPANY is authorized and directed to pay over
the ;proceeds of Insurance Policy 6 081 199A in the name of George
F.Earnest,totaling $63.00,to George H.Earnest.
RCC-43 (5-65)
t,.3~7/-7c¥3 ~.
COMMONWEALTH OF PENNSYLVJ\NJA !jEt ) .
DEPARTMENT OF REVENUE ,"UUNr~II.JIl£~'~¥~tl
HARRISBURG .COLt;1.1-
JilL I .'.-iONS
3.JS PH '1/
NOTE:TO BE SUBMITTED IN TRIPLICATE
Pennsylvania Department of Revenue
Bureau of County Collections
26 S.4th Street
Harrisburg,Pennsylvania
Dear Sir:
Pursuant to Section 742,Pennsylvania Inheritance and Estate Tax Act of 1961,
we herewith submit the following report:
NAME OF REPORTING First Ua tional Bonk &,Trus t Co.
FINANCIAL INSTITUTION _...;;,;M~a.;:..r..;:;:.ia=.;n:.:;;na:..=.......::O:.=f..::.f-=i.::.c~e _
ADDRESS Box 307 :Marianna,penns.,53'15
ACCOUNT NO.OF JOINT,
TRUST OR INVESTMENT DEPOSIT_....;O:::..3~O..:::..:01~8~3~O-!2~O~_
NAMES ON ACCOUNT
OR INVESTMENT Frank Earnest
George Earnest
DECEASED JOINT DEPOSITOR,
TRUSTEE OR INVESTOR ---.,;F::..;r::..;a=n=k::.....=:E::.:::a:::::.r~n::::.e.::::.s ~t _
ADDRESS ,R...;:o_D-=-•....;#.:.......;:1:.....::..:M:.:.:a_r:::..iann===a:.!.~p.::.;enn:=.:.::a~.~1:.:::::5'.d:.34:t..5
DATE OF DEATH .--:~6_-_2~7_--!-:71=--_
SURVIVING DEPOSITOR,
BENEFICIARY OR INVESTOR O..:.:..le.:..o::.:r:...!ig~)e=---E~a:.:..r.:.:n.::..e:::..s t~_
ADDRESS .....:R:.:.J.!....-.=D~.'-'J..#.....:!:.1...:!M::!.!a~r~1!:.J::a!;i!n~n:S:a .....__P~egJnnJJ.JJiaLo•.........Ll.;25..l34&+.5;:l.....
RELATIONSHIP TO DECEDENT-=-....:S:....:o;,..:.;n:-..._
DATE DEPOSIT OR INVESTMENT
WAS ESTABLISHED 1-3-62
BALANCE,INCLUDING INTEREST
DUE,AT DATE OF DEATH $_----!.4-=-._67.:...:::3~•.;;;;1~3 _
~7
-fix "'';)("73',13 /"):.3 ~'S-7 ._,/_~_~/_:-.:~_-_t_t_~_/_7_-,_/~_!/j-_/~_.-I_-L~A::.:..V ...P_
(Pto x.~/3 3~"r1 =It/tJ,/1 Signature TITLE
S-7()'1,$110,Ij :;$1,0/
-I
OFFICIAL NOTICE OF INHERITANCE TAX
APPRAISEMENT AND ASSESSMENT OF
ASSETS NOT SUBJECT TO ADMINISTRATION
Bureau File No .
Date:July 9,1971
County WASHINGTON
County File No._~-:--_
~J-}/-2.?J•
".
>..:.:.','.','.;",:::f ",..~"';
.."'~.......~.
..~,t
~~RIANNA,PENNSYLVANIA'15345
TO:GEORGE EARNEST."r,•J •~.~•Q...
""15\'.D~'
RC~'34 1'1-69).~~..,
•COMMONWEALTH OFPENNSYLVANIA'
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
INHERITANCE TAX DIVISION
!>.,
·'-We h'av~;received notice that,lKn~c'KfXt.'U.BdiXlKXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
on June 27 19 71,you,carneinto c:>wnership of certain property through JG4~HH~.xx
~~~~~.'transfer from FRANK EARNEST,Deceased.
,Under the Inheritance and Estate Tax I.:i:lws of the Commonwealth of Pennsylvania such transfers are taxable
and the :Iiabilit'j'[o'r fhe paym~nt:of.the.inheritance tax due is imposed upon you,as transferee..',
The property on which tax is hereby assessed consists of:Jt.Say;ngs Account #03 00183 0 20
held in the FIliSl\NATIQNA~BANK &TRUST COMPANY,MARIANNA OFFICE,MARIANNA,
PENNSlLVANIA.'In the names of FRANK EARNEST OR GEORGE EARNEST.Opened
January 3,1962.Balance as.of date .of death,$"""4..,.,....6'-1,7.....3<.&......1.....3'--_
AMENDED ASSESSMENT
$--------
AMOUNT OF TAX DUE 140.19
o If you pay the above amount with in three (3)months
of the date of death of th~7.d~fdent,or on or
before ~eptember 21'1'{you moy deduct a
discount 01 5%of the amount of tax due,or ______'Z....Di_·_
o rhi~-'tax became delinquent,fifteen (l5)months
after the date of d'eath and,in addition to the
tax,statutory'interest at the rate of 6%of the
.ta,x per annum is also due asof * . '
19_,_in the a.moL!nt.of
*if the tax is not paid by the above,date.additional
inte'rest is due at the rat,e of .6%,per.annum until·
paid:
140.19 $:::::::====:::======
APPRAISED BY:
TOTAL.AMOUNT DUE .$
f ~~A_/L :V,ASSESSED BY:------------
(Inheritance Tax Appraiser (Agent for the Commonwealth)
INSTRUCTIONS TO TAXPAYERS
,sao,
Make checks or monex orders payable to:
...•-....-
To ins~re proper credit to your account.
this Officia-J Notice must accompany
yoor payment.Mail or bring it to:
._a.;..I \j I .'C 0'"'1\1• ,.IL."il~I'lJlIH"t.ALrH
p.COURT HOUSE
,.I~SHINGTON,PENNA.
If you have already paid this tax to an executor,administrator,attorney or other personal representative of th~
decedent for forwarding to the Commonwealth,list below the date paid,name and address~f.the pe'rson f6 whom'-.
you made payment,their official title and the amount..
Date Paid Name and Address of Payee Official Title Amount Paid
Under certain circumstances,if,after the date of death of the dec~dent,you personafly paid funer~1 expenses
or other just debts of the decedent,with funds derived from the property herein taxed,such amounts expended
by you may qualify as deductions against the gross value of the property in the computation of tax due.If any
such expenditures meet all of the three following tests,it is recommended that you itemize the payments below,
execute the affidavit,and return this notice.The Register of Wills will exaini,ne the debts claimed and allow
those which he determines to be proper.The tax will then be recomputed and you wi'll receive an amended
assessment of tax.
THE THREE TESTS WHICH MUST BE MET ARE THAT:
1.You were personally legally responsible for these debts,and
2·You actually paid these debts out of the account or property described above and can furnish proof
of such payment,if required,and
3 .These same debts are not also claimed,for tax purposes,by an executor,administrator or other
personal representative of the decedent handling the administration of the general estate of the
decedent or any other transferee..'
SCHEDULE OF DEBTS
Date Paid Name of Payee Description of Obligation Amount Paid
TOTAL $
(attach separate sheet if requ ired)
COMMONWEALTH OF PENNSYLVANIA)
COUNTY O~_
SS:
I,hereby certify that the foregoing is a just and true statement of
funeral expenses and other debts of the decedent,,for which I
was legally responsible and which I did payout of the property hereintaxed.I further certify,that to the
best of my knowledge and belief,these same debts will not be claimed by any other person,for inheritance
tax purposes.
SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF____________19__.
REPORT OF REGISTER OF WILLS
Si gnature of Taxpayer
I,the undersigned,duly elected Register of Wills in and for the above county,do respectfully report that I
have allowed deductions listed above in the total amount of $~
Date of Approval:_
Register of Wills
Fonn RCC-2
DEPARTMENT OF REVENUE
BUREAU OF COUNTY COLLECTIONS
HARRISBURG.PENNA.17127
COMMONWEALTH OF PENNSYLVANIA
RESIDENT INHERITANCE TAX
APPRAISEMENT
DATE u ~~J.y.u..~9..,J.~.?.!u.......,
COUNTY WA§.HINQ.I.QN...............uu.\
FILE NO.u.u.§}.:.?!.:.?...~.~..uuu..u uu .
Whereas,FRANK EARNES.T late of MARIANNA ..
in the County of W.A$.BINQ.1'.9.N Commonwealth of Pennsylvania,having died on
the u ??..~.~day of J..~.n..e.u 19 7.1..,seized and possessed of an estate
subject to Inheritance Tax under the laws of the Commonwealth of Pennsylvania;
Therefore,I,f..RAN9.~§~.~9.,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 AppraisementDescriptionofAnetValuesMadeforInheritance
Tax PurpoleS
$
I
1
Jt.Savine.s Account #03 00183 0 20 held in the FIRST NATIONAL
VANKAND TRUST COMPANY,MARIANNA OFFICE,MARIANNA,PENNSYLVANI
In the names of.FRANK EARNEST OR GEORGE EARNEST.Onened
January 3.1962.Balance as of date of death.$4.673.13 4,673 13
,
•I
-I
.'
I
-"
I
I
I Having been duly sworn according to law,I do hereby certify that the above appraisement is made in con-
formity with law on this ....................30.tiJ.........day of ........::.:..::::::::::::..::::::~:F~:..::::~::..:::::.....~.~~
I
AppraiBer
.........u··..····..·..···········t;j;;.·..·:j~:;;;b~~..·~d..St~~~·t·;···.......................................................
I JO.I .....,Penna...................................................................····tf..·..........................................,
(Office)
I
WASHINGTON County
RESIDENT INHERITANCE TAX APPRAISEMENT
Estate of
FRANK EARNEST
Deceased.
Late of
MARIANNA
Date of Death,§~..~.7..~.7..l .
Appraisemcl!t Docket Vol.,..
Page,No 6.3"...71."..783 ..
Filed in Register's Office,......J..Y.:ly.....~.Q.....19..7..l...
Amount of tax due,$..
DEPARTMENT OF REVENUE
Received,
Exa.mined and Approved,.
Wrote abo.ut Appra.isement,.
Appeal t"om Appraisement,.
Entered and charged,.
..
.~