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Home My WebLink AboutOC1971-0840 - ESTATE OF WALKERII~ • COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: ESTATE OF SAMUEL G. WALKER,deceased ( ( (No. ( -", PETITION UNDER THE REVISED PRICE ACT OF 191 7 Petitioners,by their attorneys,PEACOCK,KELLER,YOHE & DAY,petition your Honorable Court as follows,to wit: 1,The petitioners are Mrs.Lorena W.Hendry,a resident of the state of Florida,whose post office address is 512 South Magnolia, Orlando,Florida,32801 who is one of the two surviving children of Samuel G.Walker and who also serves as Administratrix d.b.n.c.t.a. of the within estate by grant of letters dated August 13~1969 in Washington County,Pennsylvania;and Mary W.Lynn,also known as Mary Irene Galey Walker,a resident of the state of Pennsylvania, whose post office address is 1204 Yardley,Road,Morrisville,Penn- sylvania,19067,the second and last surviving child of the said Samuel G.Walker. 2.Samuel G.Walker died August 18,1910 leaving a Last Will and Testament dated June 11,1910 which was duly probated in the Office of the Register of Wills of Washington County,Pennsylvania on August 26, 1910 and is recorded in Will Book 25,page 107,a true and correct copy of which is hereto attached,marked Exhibit "All and made a part hereof. " 3.In the aforesaid will,the real estate owned by the said Samuel G.Walker situate in West Pike Run Township,Washington County,Pennsylvania was devised by him in two (2)separate manners. 4.The devise of a portion of said real estate together with a portion of said real estate and household effects in connection therewith and certain monies was bequeathed and devised as follows: It is my wish and desire that my home farm in West Pike Run Township,consisting of the Walker Homestead of Sixty-seven (67)acres and that part of the Powell Farm be- tween the two Creeks,together with all the household effects, furniture,carriages,buggies,or pleasure vehicles,that may be in or about the Homestead at my death shall be kept and maintained by my Executors hereinafter named as a home for my wife and children during the life of my wife.From and after her death it is rr:y wish that the place should be kept and maintained for the use of my children or such of them that desire to make an abiding place there.At the death of the last of all of my children,I direct the place sold and the proceeds divided equally among my grand-children,share and share alike.Should any of my grand-children at this time be dead leaving lawful issue,the said issue shall take the share the parent would have if living.I desire that my Executors shall hold from out of my Estate the sum of Five Thousand ($5000.00)Dollars to be invested by them,the income thereof to be used to protect the said property in the payment of taxes,repairs,insurance,etc.The principal of the said sum and any of the income unused shall be divided at the final distribution or at the time of the sale of the said property. The remaining portion of the real estate in West Pike Run Town- ship,inter alia,was included within the residuary clause of said will with instructions and authority that his executors named sell the same either at public or private sale and authorizing them to give good and lawful deeds of conveyance for the same.The proceeds to be divided in accordance with said residuary clause and which includes,inter alia, four (4)tracts of land in West Pike Run Township,contiguous to the home farm which are separately and briefly described as follows: FIRST:A tract containing 36 acres and 154 perches,as con- veyed to Samuel G.Walker by Lewis Greenlee,et ux.by deed dated April 16,1900,of record as above in Deed Book 242, page 208. SECOND:A tract of 11 acres as conveyed to the said S.G. Walker by Enoch Ball by deed dated June 26,1900,recorded as above in Deed Book 243,page 166. THIRD:A tract of 2.55 acres,as conveyed to the said S.G. Walker by Hannah J.Walker,et al.by deed dated June 10, 1899,recorded as above in Deed Book 224,page 433. FOURTH:A tract of 7.779 acres,as conveyed to S.G.Walker by James W.Crouch,by deed dated April 6,1907,recorded as above in Deed Book 348,page 37. -2- "'. \' 5.At the time of his death,Samuel G.Walker was survived by his widow,Mary G.Walker and five (5)children,James W.,L.G., Bertram K.~Lorena W.now Lorena W.Hendry and Mary now Mary W. Lynn. 6.By deed dated December 1,1917"of record in Washington County as of January 16"1918 in Deed Book 452,t page 386"the said L.'G.Walker and Marie"his wife conveyed by general warranty deed all the right,title and interest of the grantors to all of the above des- cribed property to the remaining devisees"as by reference thereto will more fully and at large appear. 7.For many years"the two (2)surviving children of Samuel G. Walker"the petitioners,herein"have resided in the substantial home on the home farm in West Pike Run Township during the summer months However"the income from the fund set up in the Gallatin National Bank by testator to maintain the said property is no longer sufficient because of the substantial increase in real estate taxes,the heavy insurance, large repair and maintenance bills,etc.and petitioners are no longer able to maintain the premises and fear that they will rapidly deteriorate, to the detriment of the interested parties. 8.Mary G.Walker a/k/a Mary L.Walker died on the 15th day of November 1950 leaving a Last Will and Testament dated September 11, 1947 and probated in the Office of the Register of Wills of Washington County,Pennsylvania in Will Book 76"page 311,a true and correct copy of which is hereto attached and marked Exhibit "B". 9.Bertram K.Walker died April 10,1970 leaving a Last Will and Testament dated February 13,1970 duly probated in the Office of the Register of Wills of Washington County,Pennsylvania in Will Book 11 0,page 52",a copy of which is attached hereto and marked Exhibit "C". -3- .,' 10.Lorena W.Hendry had only one child,a grandchild of Samuel G.Walker,Stanley G.Hendry,who is living and resides at 2015 William Penn Highway,Wilkinsburg,Pennsylvania. 11.Mary Irene Galey Walker now Mary W.Lynn had no children and no grandchildren. 12.L.G.Walker died in Washington County in 1930 intestate and was survived by three children:Miss Harriett Walker who resides at 36 Shaffner Avenue,Brownsville,Pennsylvania 15417,Mrs.Hennett Craft of 129 Greenwood Avenue,Trappe-Collegeville,Pennsylvania 12964, and Mrs.Eleanor Dulaney of 1540 Logon Street,Denver,Colorado 80203 13.All of the grandchildren of Samuel G.Walker who have been born to any of his children are living and are of full age and are the said Stanley G.Hendry,Miss Harriett Walker,Mrs.Hennett Craft, Mrs.Eleanor Dulaney and James W.Walker,Jr.James W.Walker • died intestate and left to survive as his only heir at law James W. Walker,Jr. 14.Petitioners are advised and therefore believe that the Court has authority under the Act of June 7,1917,P.L.388 §2 (d),(20 P.s.1564)(d-One).Your Honorable Court has the necessary juris- diction to authorize and approve a sale of the above described real property under the provision of the Act,"where there is a power of sale; but (One)the time may not have arrived for its exercise:"in so far as the home farm is concerned;and the remaining real estate under the authority granted by the terms of said will;and the personal estate as therein referred to under either one or both of the aforesaid powers. 15.One of your petitioners,the said Lorena W.Hendry, surviving Administrator d.b.n.c.t.a.of the above estate has received what she believes to be a good and valid offer for purchase at private sale of the home farm,the four (4)other parcels of real estate referre -4- II '"""'".• to in Paragraph 4 hereof,and the basic furniture remaining in said home farm,from John Kosky,Jr.and Madaline Kosky,his wife,of South Fayette Township,Allegheny County,Pennsylvania,for the total price or sum of $67,000 subject to the approval of your Honorable Court, a __copy of which said agreement is hereto attached and made a part hereof and is identified as Exhibit "D". 16.Your petitioners believe that this price is a better price than might be obtained at public sale and that by combining the various tracts of land involved together with the furnishings referred to,a better price could be obtained than by a separate sale of the same. 17.Petitioners have been advised and therefore believe that because the property proposed to be sold consists of both real and personal property and because the real property is to be treated in two different categories,a division of the purchase price is suggested as follows: Home Farm -$40,000 Four (4)other parcels of real property -$20,000 Basic furniture identified in exhibit attached to Agreement -$7,000 Petitioners are advised and therefore believe that the proceeds of the sale of the four (4)smaller parcels totalling 58 acres,more or less and the basic furniture pass under the residuary clause of the will of Samuel G.Walker in equal one-third (l/Srd)shares to James W.Walker,Jr.,Lorena W.Hendry,and Mary W.Lynn. 18.Petitioners have been advised and therefore believe that the proceeds of the sale of the 'IHome Farm"tract is subject to a life estate in them,after which distribution shall be made to all of the surviving grandchildren of Samuel G.Walker (or issue of their grand- children not surviving per stirpes)share and share alike.Note it is also believed that the principal of $5,000 set aside by testator for maintenance of the property should be included in this last category. -5- ;,f f..'""'.~ 19.Because Lorena W.Hendry is the duly designated surviving personal representative of the within estate and is authorized by Penn- sylvania law to make sale of the portions of the above property not subject to the above stated disability.It is believed that the Court could forego the appointment of a separate named trustee and could authorize her to make sale of all of the property involved,subject to suitable bonding arrangements,the proceeds subject to non-estate administration to be subject to further order of this Court. 20.An official certificate of assessed value of all real property herein involved for taxation purposes is attached hereto and made a part hereof. WHEREFORE,Petitioners pray your Honorable Court to issue citation on all parties in interest who have not joined the prayer of this petition,to approve the sale of the within property according to the private sale herein proposed and to authorize the surviving personal representative in the estate of Samuel G.Walker,deceased,to give and deliver good and valid deeds of conveyance and bills of sale therefor . Respectfully submitted, for Petitioners &DAY -6- r I .STATE OF PENNSYLVANIA ( (SS. COUNTY OF WASHINGTON ( BEFORE ME,a Notary Public in and for the county and state aforesaid appeared the undersigned,LORENA W.HENDRY and MARY W.LYNN,who depose and say that the facts set forth in the foregoing Petition are true and correct as they verily believe. Sworn to and subscribed before ille this /1~ay of A.D.,1971. WASHIN "X PWBLIC 70 E.B u Street Washington,Pa.15301 My commission expires May 28,1972 COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE:( { ESTATE OF SAMUEL G.(No. WALKER,deceased ( DECREE •.1 : 4 I • ___..---......of 1971 AND NOW,this.)i~daY.f 4~-A.D.,1971,the within Petition presented to the Court,it is hereby ordered,adjudged and decreed as follows: 1.That all parties in interest be cited to appear before this Court at 10:00 o'clock A.M.on the ~'?t,Lday of k~1971 to show 7 cause,if any they have,why the sale as prayed for should not be approved and that Lorena W.Hendry,as surviving Administratrix d.b.n.c.t.a., should not be authorized to make,execute and deliver a good and sufficient deed or deeds and Bill of Sale for the premises as set forth in said petition in accordance with the prayer thereof and further to show cause,if any they have,why the net proceeds of said sale should not be allocated to the various classes or individuals in the relevant proportions as the values which are set forth in said petition bear to the net proceeds of said sale. 2.That a further notice by means of an advertisement be placed in the Washington County Reports and in a newspaper of general circulation in the County of Washington once a week for three weeks directed to the legatees and devisees of Samuel G.Walker,a/k/a S.G.Walker,in the form hereto attached to notify any other interested party of the nature of this proceeding. 3.That upon said date this Court shall make any order appropriate to the terms of said citation and an other further orders as to it which---'--"~.......""'-.. seem proper affecting the same. --------- IN RE:ESTATE OF SAMUEL G.WALKER NOTICE No.of 1971 TO:Legatees and Devisees of S.G.Walker,a/k/a Samuel G.Walker, Deceased 1.You are hereby notified that a petition has been presented to the Court of Common Pleas of Washington County,Pennsylvania,Orphans! Court Division,for approval of the private sale of real estate located in West Pike Run Township,Washington County,Pennsylvania,devised by him under his Will probated in the Office of the Register of Wills of Washington County,Pennsylvania,on August 26,1910,in Will Book 25, page 107,which real estate consists of what is known as the home farm of approximately 70 acres on which is erected a two-story brick house, a frame house and out-buildings,and four continguous tracts of land con- sisting of approximately 58 acres on which is erected a two-story frame dwelling house for the total price or sum of Sixty Thousand and no /100 ($60,000.00)Dollars,subject to a reservation of all of the coal together with mining rights;exceptions,reservations and conditions contained in prior instruments of title;all royalties from existing oil and gas leases on said premises;and under and subject to a leasehold grant~d to Pisgah Investments,Inc.by lease dated November 1,1970,the rentals from which are reserved. 2.You are further notified that a citation has been issued that any person in interest shall appear before said Court at 10:00 otclock A.M.on the 27th day of September,1971 to show cause,if any they have,why this Court should not make appropriate orders affecting the disposition of said petition. LORENA W.HENDRY,SURVIVING ADMINISTRATRIX D.B.N.C.T.A.OF SAMUEL G.WALKER,A/K/A S.G. WALKER,PETITIONER PEACOCK,KELLER,YOHE &DAY Attorneys for the Petitioner 68-70 East Beau Street Washington,Pennsylvania 15301 t .' Exhibit "A" 4 » IN THE NAME OF GOD,'AMEN.I,S.G.Walker,of West Pike Run Township,County of Washington and State of Pennsylvania being of so~nd mind and memory,do hereby make,pUblish and declare this to be my lr-st Will and Testament,in manner and form following:Hereby revoking any will or wills heretofore made by me. FIRST:I direct all my just debts and funeral expenses be fully paid and satisfied,as soon as conveniently may be,after my decease. It is my wish and desire'that my horne farm in West Pike Run Township,consisting of the Walker Homestead of Sixty-seven (67)acres and that part of the Powell Farm between the two Creeks,together with all the h~usehold effects,furniture,carriages,buggies,or pleasure vehicles,that may be in or about the Homestead at my death shall be kept and maintained by my Executors hereinafter'named as a home for my wife and children during the life of my wife.From and after her death it is my wish that the place should be kept and maintained for the use of my children or such of them that desire ,to make ~n abiding place there.At the death of'the last of all of my children,I direct the place sold and the proceeds divided equally among my grand-children, share and share alike.Should any of my grand-children at this time be dead leaving lawful issue,the said issue shall take the share the paren would have if living.I desire that my Executors shall hold from out of my Estate the sum of Five Thousand ($SOOO.OO)Dollars to be invested by them,the income thereof to be used to protect the said property in the payment of taxes,repairs,insurance,etc.'I'he prin!=ipal of the sai sum and any of the inc6me unused shall be divided at the final distri- .... bution or at the time of the sale of the said property. It is my wish and desire that my winter home at Orlanda, Florida consisting of house and lot,together with the two adjoining lots,together with such furniture and fixtures,household effects that may be in or about the said house',s~all be kept and maintained for the use of my wife and children and their families 'as long as it is the ,, " wish of my wife that it so shall be kept.And in the opinion of my Executors it is to the 'best interest of my family and my estate that it shall so be kept And I direct my Executors to pay the taxes on the said property ~nd to keep up necessary repairs out of such funds that may come into their hands,and then it becomes the wish of my wife,and in the opinion of my Executors,it is to the interest of my estate,I direc my Executors to sell the said property at pUblic or private sale and mak the lawful deed of conveyance for the same and divide the proceeds in accordance with the division of the residue,of my estate. It is my wish that my Orange Groves in Florida shall be kept as long as,in the opinion of my Executors,they are profitable and when they cease to become profitable,or when in the opinion of my Executors it is to the best interest of my estate,they shall sell the said Groves It is my wish that my friend Louis M.Cleaver,-w~o now has charge of the said Groves shall be allowed by my Executors,to continue in charge unti by old age,sickness,or other reasons,he may become incapacitated,., at such time,if,he should be in need of the comforts or necessities of life it is my desire that my Executors shall supply them from my estate. To my Executors hereinafter named,I give full power and auth- ority to sell whenever in their opinion it is for the best interest of my estate,any portion of or all my real or personal e~tate,excepting that hereinbefore mentioned at public or private sale,upon such terms as to them may seem proper and upon sale of any of the said property,to give good and lawful deeds of conveyance for the same,to collect all rents,dividends and profits from said estate.To manage my property, to operate and to work any coal I may now have or have power to lease the said coal on a royalty. I direct the sum of Two Thousand ($2000.00)Dollars to be set aside by my Executors to be paid by them for the schooling and education of my son Bertram K. I direct the sum of Two Thousand ($2000.00)Dollars to be set. aside and paid by them for the schooling and education of my daughter I'Lorena M. I'I direct the Thousand ($2000.00)Dollars to be setsumofTwo aside and paid by them for the schooling and education of my daughter Mary Irene Galey I authorize and direct my Executors to hold in their hands at all times sufficient funds for the payment of taxes and necessary repair on any real estate belonging to my Estate and for.'the protection of my wishes regarding Louis M.Cleaver. And I direct that all the balance and residue of my estate and the balance of the proceeds from the sale ,of my personal and real estate shall be divided among my wife and children or the lawful issue of any of my children that may be dead at my death in accordance with the laws governing the estate of intestates.And the portion my wife receives shall be in lieu of all other dower and the portion or portions inherite • ,..... I' by any minor child shall remain in the hands of my Executors to be invested by them for such minor child's benefit until the said child arrives at the age of twenty-one years. I do hereby make,constitute and appoint my sons,James W. IWalkerand;L.G.Walker and Samuel E.Taylor,of Brownsville,Pa.,to I be Executors of this my Last Will and Testament• .' , ", .",, .'~ ,. I _.......'0'..' Exhibit liB" ....._..'t'....-.-.>.,_..._.........o.-~....,._-------._--~...------ I II~ o idaIIen'a! f· LAST WILL AND TESTAMENT OF MARY L.WALKER' I,MARY L.WALKER,of West Pike Run Township,Washington County, being of sound and disposing mind and memory,do hereby make,publish and declare this to be my Last Will and Testament,hereby revoking any Will or Willa heretofore made by me: f • ',,-..., FIRST:I direct the payment of my just 'debts'and funeral expenses as soon as convenient after my decease. SECOND:I desire that my bedroom at the Clifton Farm home in West Pike Run Township,Washington County,Pennsylvania,remain as it is when I leave it and that it be used by my daughters,Lorena and Mary,whenever they come to the home,and if both are there at the same time,Lorena,being the older,is to occupy that room,Mary occupying the room known as Mary's room.For the furnishing of these rooms,I intend to leave linen marked to be used by Lorena and Mary when occupyi g said rooms,such linen to be replaced by them when necessary. THIRD:I hope my children will keep the property in Orlando, Florida,as their father desir~d,but if they do not see fit to do so, tpe furnishings contained in'it and belonging to me to be divided by my daughters,Lorena and Mary,and my son 'Bertram.The only things in the Orlando home really belonging to it so as to be disposed of by the Will of my late husband,Samuel G.Walker,are the dining room suite and my bedroom suite,all other articles contained in the home having been replaced by me since the death of my husband. I will try to leave things well marked;but I wish Bertram to have the piano and his bedroom furniture;the things he has given me;Aunt Lola's silver spoons ii case;the old antique bedspread given me by ICousin Lew Griffith (descended from the Nixon family). FOUR'l'H:I wish Mary to have the furniture in her room and the bric-a-brac she has giv.en me,also my linen. FIFTH:I wish Lorena to have the sil,ver she gave me and my chinawar..However,in dividing these things,such as the linen and silver,I wish the girls to kive Bert~am something of each. SIXTH:I wish the silver gravy ladle with my name (Minnie) carved on,it to be given to my grandson,Stanley Hendry.This is the ladle which was given 'to me by my Sunday School class at Oak Grove. -SEVENTH:I wish the books and rriy costume jewelry and any clothing to be distributed by my daughters Lorena and Mary. EIGHTH:'To my daughter Mary I give my diamond and ruby rings; the gold bracelet she now has in her possession;my mother's white silk shawl;and my Oxford glasses and chain. NINTH:I give to my daughter Lorena my diamond pin;crystal beads;diamond dinner ring;the oldest gold watch,given to me by her father before we were married,my engagement ring,two small diamonds and ,emerald setting;also my interest in our Chevrolet car. TENTH:I give to'Stanley Hendry my Hamilton wrist watch. ELEVENTH:I give to my son Bertram the small gold watch he carries and the Masonic charm and ring formerly worn by his father. TWELFTH:I give to Irene,wife of James W.Walker,my small green turquoise finger ring. THIRTEENTH:Everything about the home to be left as it is as long as any of the children want it so left in the manner desired .. by their father. FOURTEENTH:-I give to Citizens National Bank of Washington, Pennsylvani~,the sum of $500.00 in trust to pay the income thereof •... annually to the Oak Grove Cemetery Association for the upkeep of our family lot. FIFTEENTH:I give,devise and bequeath all of the rest,residue and remainder of my property,whether real,personal or mixed,of whatsoever nature and wheresoever situate,unto my children,Bertram K. Walker,Mary Walker Lynn and Lorena Walker Hendry,share and share alike. SIXTEENTH:I do hereby make,constitute and appoint my son, Bertram K.Walker,executor of this my Last Will and Testament • ..... \~<• .~.':~",.".. '..'.;..:.,', r,..~ :.'.I'""~".~'I'~,i •t .... -\.'.~... ;.•1 • 1,·" ...,. ~~,-.. I•!'"~.,j ~•.,. I I . ',1 h 'i, ...... ,. ......,~.............-,#..........~....-..__..._~_......_........-•._.._.._~~~._....-__...._....·........U,l. Exhibit "c" I I \! ! ._----_._~---_._-"-----~-------------------- LAsT WILL AND TESTAMENT I,BERTRAM K.WALKER,now residing in West Pike Run Township,Wash- ington County,Pennsylvania,being of disposing mind and memory,do her by make,publish and declare this instrument to be my Last Will and Tes ament,and hereby revoke all former Wills and Codicils heretofore made by me. FIRST:I direct that my executrices hereinafter named pay all my just debts andfunerai expenses as soon as convenient after my death• .SECOND:I give,devise and bequeath·to Margaret Meszaros of Daisy- town,.R.D.#1,the sum of $500.00 THIRD:I give~devise and bequeath utitomy beloved sister,Lorena W. Hendry,presently a resident of Orlando,Florida my entire interest in the dwelling and lot at.5l2 South Magnolia Avenue,Orlando,Florida. FOURTH:I give,devise and begueath unto my beloved sister,Lorena W.Hendry,my undivided one-half interest in ten (10)shares of Gould, Inc.,Certificate No.CO-05214 and six (6)Warrepts Certificate No.CW- 06830 (although these certificates are issued in my name alone,my '- 1. sister,Lorena W.Hendry,is the owner of a one-half interest therein.) I give,devise and bequeath unto my beloved sister~Lorena W.Hendry,my undivided one-half interest in shares in Boston Fund;my undivided one- half interest in shares of Coca Cola;and Eighteen (18)shares of COIUmbil Gas,Certificate No.CN 615894,and savings account iij the Gallatin Nation. al Bank,in Brownsville,Pennsylvania. FIFTH:I give,devise and bequeath unto my beloved sister,Lorena W. Hendry,one':'half of my interest in the "Agency'Account"in the Union Na4i- tional Bank of Pittsburgh,Pennsylvania;and I give,devise and bequeath unto my beloved sister,Mary W.Lynn of Morrisville,Pennsylvania,one- fourth of my interest in the said Agency Account.and to my nephew,Stanley G.Hendry One-fourth of my interest in the said Agency Account~ I SIXTH:I give,devise and bequeath unto my beloved sister,Mary,W. Lynn aforesaid,all my interesta,shares or stocks in gas wells;and my savings certificate No.Y-1655l in Gallatin National Bank of Brownsville Pennsylvania. SEVENTH:I give,devise and bequeath unto my beloved sister,Lorena W.Hendry the two (2)houses and 27~acres of land formerly of J.W.Walker tract,and the B &0 right of way. EIGHTH:I give,devise and bequeath to my sister,Lorena W.Hendry my Thunderbird car. NINTH:I give,devise and bequeath to my.nephew,Stanley G.Hendry, my Ford Convertable car. TENTH:I give,devise and bequeath to my nephew,Stanley G.Hendry, my Model "A"Ford• .ELEVENTH:I give,devise and bequeath unto my newphew,Stanley G.Hendry my pocket watch and other personal effects;as well as Savings Certificate No.Y-9171,Y-9172,Y-9174 in the Gallatin National Bank in Brownsville, and five (5)U.S.Treasury Bonds. T\rJELFTH:I direct that my truck,tractor .and·other tools be left on th home farm for the use of a~yone of the family operatin~the farm;in case it is not operated by one of the family then my truck,tractor and other- I .. tools,I give,devise and bequeath to my nephew,StanleyG.Hendry. THIRTEENTH:'All the rest,residue and remainder of my estate,real,..\ personal and mixed,and wheresoever situate,I give,Q6vise and bequeath. one-half interest thereof to my beloved sister,Lorena W.Hendry,and one- half thereof to my beloved sister,Mary W.Lynn. FOURTEENTH:tn case my sister,Lorena W.Hendry,should predecease m~ then everything given,devised and bequeath herein to my sister,Lorena W• .Hendry,I give,devise and bequeath to .my nephew,Stanley G.Hendry. I hereby appoint my beloved sister,LorenaW.Hendry and my beloved sister,Mary W.Lynn,as Executrices of this Will. ~~--- it.'.....II.·....~ The said Executrices shall not be required to furnish any bond or security for the proper discharge of their duties as Executrices,either in the state of Pennsylvania or elsewhere. I hereby authorize and empower my said Executrices~or their successor or .successors,to sell,exchange,mortgage,lease or otherwise dispose of the whole or any part of my estate,whether real or personal,at publi or private sale,and upon such terms astthey may deem proper,and for the best interest of my estate,and to execute,acknowledge and deliver any and all instruments necessary and proper to carry out such power"and necessary to the administration of my estate 'as herein set out. \ ~.~., I'O~M IiiO.17 (lIlGIl) RE'AL PROPERTY AGREEMENT. ..'tlll'iORT FORM) WASHINGTON COUNTY DAR ASSOCIATION WASHINGTON,PA• 1971a1A.1 "..(,.r· Florida,Administrator D.B.N.C.T.A.of (hereinafter called'"Seller")and his wife,of South Fayette Townshi~, (hereinafter called "Buyer ), day of3..J :-l\lade the Between LORENA W.HENDRY,of Orlando, I 'the Estate of Samuel G.'Walker,deceased JOHN KOSKY,JR.and MADALINE KOSKY, Allegheny County,Pennsylvania 'WITNESSETH,that for the consideration hereinafter set forth and intending to be legally bound the Seller and Buyer mutually agree as follows: 1.Seller agrees to sell and convey to buyer on or before October 1,1971 .by _.-spe.cial-warranty deed in fee simple absolute,clear of-all mortgages,judgment liens and tax liens and other encumberances affecting its marketability (except as hereinafter set forth)all the real property described in Paragraph 7 hereof. 2.Buyer agrees to purchase said real property and to pay Seller therefor the sum of Sixty-seven Thousan and ,no/100 ($67,000.00 )Dollars as follows:Ten percent on the signi of this agreement and the balance at the time of closing. 3.Possession shall be given on closing we ,and settlement shall be made at the office of Seller's attorney on or before October 1,19 71 ;or as follows:In the event additional time should be required for the purposes of closing,as a'result of the Revised Price Act Proceeding hereinafter referred to,the parties shall mutually agree on such closing date which shall not be later than sixty days thereafter. 4.At settlement Seller shall pay for or be charged with the cost of all federal documentary taxes and state and local realty transfer taxes payable upon this transaction,but real estate taxes for the year of settlement,sewer charges and rents and royalties shall be prorated on a calendar year basis between Seller and Buyer as of date of delivery of possession of the premises;except as hereinafter set forth:Buyer shall pay the state realty transfer tax. 5.From and after the date of this agreement,insurance shall be provided and paid for as follows:Each party shall protect his own interest,as it may appear. 6.Time is not of the essence of this Agreement. 7.The real property which is the subject of this Agreement is described as follows:ALL those certain tracts of land situate in.West Pike Run Township,Washington County,Pennsylvania" more fully described as follows: FIRST:All that tract of land described in the Will of S.G.Walker,deceased, as the "Home Farm'in West Pike Run Township consisting of the Walker homestead••• as further identified in the deed of W.J.Walker to S.G.Walker dated June 16,1892 and recorded in Washington County,Pennsylvania in Deed Book 180,page 431. SECOND:A tract containing 36 acres and 154 perches,as conveyed to Samuel G.Walker by Lewis Greenlee et UX.by deed dated April 16,1900"of record as above in Deed Book 242,page'208. THIRD:A traCt of 11 acres as conveyed to the said S.G.Walker by·Enoch .Ball by deed dated June 26,1900,recorded as above in Deed Book'243,page 166. FOURTH:A tract of 2.55 aeries,as conveyed to the said S.G.Walker by Hannah J.Walker,et ale by deed dated June 10,1899,recorded as above in Deed Book 224,page 433. FIFTH:A tract of 7.779 acres,as conveyed to'S.G.Walker by James W. Crouch,by deed dated April 6,1907,recorded as above·in Deed Book 348,page 37•. EXCEPTING and RESERVING all of the coal unde'r the tracts her'ein.cOhveyed~'. tdgether wi~h ·tpe'mining rights.'and waivers identic:al'to those contained in the prior reservation of the Pittsburgh or River Vein of Coal heretofore•. Exhibit "p' • UNDER and SUBJECT to all exceptions,reservations and conditions contained' in prior instruments in the chain of .title....'. EXCEPTING and RESERVING ALSO to the grantor an royalties from existing ,oil.and gas leases on the premises. UNDER and SUBJECT to a leasehold granted to Pisgah Investments,Incorporated, by lease dated November 1,1970,the rentals from which are reserved to the grantor. 7.A-Included in the terms of this agreement are ·provisions for the conveyance by bill of,sale of certain furniture listed on Schedule A,attached hereto and made a part hereof.The,apportionment of the purchase,price ~o cover the cost of this furnitur shall be as the parties may agree. See Exhibit attached7.B-See below ~')1 • 8.If Buyer defaults in payment or performance for -30-days,Seller may,at Seller's election use one or more of the following remedies in addition to or instead of any other re~edi~s provided by law: (a)rescind this agreement and retain all sums paid on account hereof as liquidated damages,in which case Seller shall retain title to the real estate free and clear of any obligatiQn or duty to Buyer and Buyer shall surrender this Agreement for cancellation; (b)eject Buyer from said real estate,for which purpose Buyer hereby authorizes any attorney of any Court of Record to appear for Buyer and,confess judgment against Buyer in an amicable action of ejectment, with immediate writ for possession of the real estate .and for damages,to include .attorney's commission of -10-% or $and costs,hereby waiving stay of execution,exemption and inquisition,with release of all errors; (c).affirm this agreement by delivery of deed to Buyer,declare all·sums due hereunder to be forthwith due and payable,and cause judgment to be entered therefor,for which purpose Buyer hereby authorizes and empowers any attorney of any court of Record to appear for Buyer and confess judgment against Buyer for the whole balance due,together with interest,attorney's commissi~n of -10-%or $,.,and costs,\ and hereby agrees to immediate ·execution thereon,waiving stay of execution,exemption and inquisition,with re· lease of all errors. 9.The Buyer agrees not to record this Agreement and recording by the Buyer shall constitute a breach thereof; WITNESSED BY: .10.This Agreement shall extend to and benefit and bind the heirs,executors,administrators,successors and. assigns of the parties.Whenever used herein,the singular number shall include the plural,the plural the singular and the use of any gender shall include all genders.This agreement is assignable by Buyer to a corpore tion or othe!'nominee of their choice... NOTICE -THIS DOCUMENT MAY NOT SELL,CONVEY,TRANSFER,INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN,AND THEOW~TER OR O\VNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND,IN THAT CONNECTION,DA1\1AGE MAY RESULT TO THE SUID'ACE OF THE LAND AND ANY HOUSE,BUILD- ING OR OTHER STRUCTURE ON OR IN SUCH LAND.THE INCLUSION OF THIS NOTICE DOES NOT ENLARGE,RE- STRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED,TRANSFERRED,EXCEPTED OR RESERVED BY THIS INSTRUMENT.(This notice is set forth pursuant to Act No.2~5,approved September 10,1965.) WITNESS the due execution hereof the day,and year first above written. ;b~·~~·dr.yr') ....:..~'!..:~-(S AL) ..~~f.~~..~(SEAL) Madaline ~osky ....................................................................................................:.(SEAL) •••••_H ..................:OM (SEAL) .........................................................................................................................~(SEAL)· ..s... (l) ~r-4 ictl.~(l)l ! S 'H'I'I'-!!.~~~'"0 ,0<:l1.ll~.....'"0:.~:..(l)~:..c:1 i~~::i ctlj i~s ;,,! ~Cl ctl ..~j Z tr.J ~~'l i .. ~lil 'H -5 ~tr.Jj i t.::q 0 .~..OJ j~:>1j ~~.(l)~~~~+>lil1ctl !+>a Zi I~00 '"0<:lil ~H'(l)...:41<Z 00 ~~!~(l)ctl ~~..c:(l)+>CJ ~I j 0 'H (l)d !~0 '"0 ~I,.i I I.-eJ..... "¥f '_k~_ :.,,1;~.. •..I ,., .. Exhibit 7.B -This agreement is subject to the approval of the Orphans'Court Division of the Court of Common Pleas of Washington County,Pennsylvania, under a Revised Price Act or other Proceeding,as may be required by said Court.In the event such approval not be given,the parties shall be returned to their original positions and all !:land monies returned. '..",t.'W.;' /"./ ," ,'f") ,."~. • 't',.,.•..~",~ Lib1lsry. Rur;:3 --Dr~l1",("rie s 7~ission chni1"3 1 ~ission footstool I roll top ncsk Il.ission t~lble I l~mp ~1fffiny shlide, 2 low st~nrls{flower) I tile tnblePictureover book c~so ,christ at the '~emple) I l:lission t ...ble (marble on top), I m~ghony armchair \green silk uph~stery) Drswing !\oom u raper1es 'RugD~venport (rink damask) I~b.hos6nY-,r,o~dY tnble plain I rocker'(pink noodle po1nt ,sca~, I wing chc;.1r," ' I end table ~. , .' '. i II i 7.1 tc1"'.en II '-2 rcfr1gerators Stove ' 1 table I Cabinet 4 cna1rs ~;illC:'1es t ~nd lila tching c~1r.' .Am.or on Wall. ?1...no Orgon ··ur:J',0,1)ra periesI,·.1"6 ble victor~/~cover !~i;l,in~r_o_o~~!Z2 chc.irs Buffet Dr_peries It'1rst bedroom M~hoeon~ I bed Dreseer chiffonier desk 2 t~ble:..3 chci~3 needle poin~se.ts a¥~peries ~(.;uneo ch....1r .,"..-'..-_... , I-<.. '. ." ..'.,'-,.~.~~~~~~~---"---~-----:------------------------'.'::',".'.,.I." ~itAY bed UuX'tains tl,blo ' dr..,wers ' needlo"I;o~nt I ~~cond bedl'oom ~:...hogony :3ed ore 3 ~;+nt~ chest of ~chuil'~ ,rur:~ dr:,perie~ t.blo so~ts Thir~bod room bed ljriolSS dressor dosk hat treo?chairs needle point aeata tablerugsnnd curtaina ," , Fourth b~d room ' bed br"'ss ,dX'esser :G chCiirs curt....ins 'end table I ' ,.. •,# '.•• " ...._._..--_..-. ." .'.\, " ," .:....".,...:: ..... witting room 6,'-~~: roll to~desk --~~ I lounee chf~ir' l\:1s sion rocker, 11i5Sion couch curt&in stove I:lag~zinc rack Third floor Do.y bed ,4 I:".ission chairs second floor ~ll .rug 000kC-'50 ;I , I ,..!•.,'" ,' ", ,', .. " . ./ ,-',\ "..> STATE OF PENNSYLVANIA ( (SS. COUNTY OF WASHINGTON ( BEFORE MEl a Notary PublicI in and for the county and state aforesaid appeared JULIA ANN ANSILL and ROBERT WOODI who depose and say that they are both residents of Washington CountYI Pennsylvania; that they are familiar with the value of real estate in Washington CountYI Pennsylvania and particularly in West Pike Run Township;that the price or sum of $67,000 for the real property and basic furniture in the estate of Samuel G.Walker proposed to be sold to John Kosky,et ux.in accordance with the Agreement dated August 3,1971 is a better price than could be obtained at a public"sale. They do further state that in their opinion the allocation of the proceeds of said sale in the portions set forth in Paragraph 17 of the Petition to be presented to the Court of Common Pleas of Washington County,Pennsylvania.Orphans I Court Division in the above entitled manner is a fair and equitable allocation of the proceeds of said sale. Sworn to and subscribed before -6l / me this /7 -day of Lt.-I A.';oD..1971. / 1 l •. ----~------- Assl'ssment OJrrtifirntt WASHINGTON COUNTY,PENNSYLVANIA OFFICE OF THE BOARD FOR THE ASSESSMENT AND REVISION OF TAXES Washington,Pa.~':':g~_~_~)._t_....19.71 This is to certify that the following is a full,true and correct transcript of the assessment of property taxable for county purp~ses,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 West Pike Run Twp • I in the name of Walker,S.G.ESTATE %J.W.WALKER DAISYTOWN,PA.15427 70-13-11 DB 1800-431 70 ACRES SURF 2 STY BR HSE-BLDGS 2 STY FR HSE 70-13-2 DB 873-216 .30 ACRES SURF 2 SlY '!i'Jt H.,E 2,100 5,400 955 1,365 8,455 (SEAL) , II BOARD FOR THE ASSESSMENT i ~AND REV~TAX' By /J.J(.~~" ~"~.. Chief Assessor.~ POSTMARK OR DATESENTTO rs.Hennett Craft P.O.,STATE AND ZIP CODE Trapp@_:.CQ1JE~M;......._._........PrO RnURN ~1.Shows to whom and date delivered 15RECEIPTWithdeliverytoaddresseeonly65i,!' 2.Shows to whom,date and where delivered ..35¢SERVICES With delivery to addressee only 85¢ DELIVER TO ADDRESSEE ONly ·..·50d SPECIAL DELIVERY (2 pounds or less)4sT STREET AND NO. 29 GrBe RECEIPT FOR CERTIFIED MAIL-30~'(pius postage), +>Ul ~ H-Q) ~~~\$.rl /rl ,.-/~j r- :-.,IJ) (Y) Q Z POD Form 3800 NO INSURANCE COVERAGE PROVIDED-(See other side) _July 1969 NOT FOR INTERNATIONAL MAIL 1<GPO,....0-$50-... 1. '!2. }\3.~. 4. 5. STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmaill, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front> If you want this receipt postmarked,stick the gummed stub on the left portion of the address side of the article,leaving the receipt attached,and present the article at a post office service window or hand it to your rural carrier.(no extra charge) If you do not want this receipt postmarked,stick the gummed stub on the left portion of the address side of the_articl~,_l!etach\andTretain the .receipt,lind mail the article. If you wanta return receipt,write the certified-mail number and your name and address on a return receipt card,Form 3811,and attach it to the back of the article by means of the gummec!lnds.Endorse front of.article RETURN RECEIPT REQUESTED. If you want the article delivered only to the addressee,endorse it on the front DELIVER TO ADDRESSEE ONLY.place the.Same endorsement in line 2 of the return receipt card if that service is requested. Save this receipt and present it if you make inquiry. '" INSURED NO. REGISTEREDND: DATE DELIVERED CERTIFIED 'NO. 357113 r I··PLEASE FU~~'S:e~ERV~C:S)I~O:::'~y CHEC~£DBLOC~(S). ,REQL!IREDFEE(S)PAID. D Show to whom,date and ~ctdresswheredelivered ~ '" ~~in~yourname and add;ess 'below.If you want torcstdctdeJivery,or to have the address of .delivery shown on this receip~,check block(s)on other side. Moisten gummed erids and attach this card to back of'ilrtic1ee .--'.-- . -. POSTMARK OF.DELIVERING OFFICE POST OFFICE DEPARTMENT OFFICIAL.BUSINESS 'it .~ ~~i~I:g !".:.Co~.I ~;~I ~,~,I:_\'0,' ! Qo"" '\ PLEASE FURNISH SERVICE(S)INDICATED BY CHECKED BLOCK(S). .REQUIRED FEE(S)PAID. O Show to whom,date and address 0 Deliver ONLY where delivered to addressee ·RECEIPT Received the numbered article described below. REGISTERED NO...SIGNATURE OR NAME OF ADDRESSEE (Mf/Sf always be filled in) CERTlFIEb NO. INSURED NO. !lATE DELlV.ERED ~-d..~-II 065-16-7134¥1l a41-198 GPO ,M.. I ,I I I I I :1j .1 q 111" \:, •;' RETURNTO Peacock~Keller~Yohe &Day 68-70 East Beau Street Washington~Pennsylvania 15301 ~t.VI!..~{'l'yv "f'~2:AUG.20...""c.:l19H » PM \.J.!tA,,~/,'...POSTMARK b~RINGOFFICE ---....,.;,...~.. .~-"...--._.i Prine your ,,:ame and address below.If you want to ieserke delivery,or to have the address of deliyery .S.hown on.eh.i..sreceiPt,check block(s)on other.s.ide.j..~."..".Moisten .gummed ends and attach this card to back ofarticle. POST OFFICE DEPARTMENT OFFICIAL.BUSINESS '.....r.b:!ito-.~ J, '3 en<D~ ~Co...::::00M E~ooII, ,-.-../y ()ftu F;7 V ·l.COURT OF C MM(5N7P EAS OF d WASHINGTON COUNTYJ PENNA.... ORPHANS1 COURT DIVISION No.of 1971 - IN RE:., ESTATE OF SAMUEL G.WALKER.deceased PETITION AND DECREE ." ~'~o ~,~ !)~~\;~~~~~~D1j~~~ ~~ :'::;;:J 1"-m ::0 G1 c-;.C::x:-(f) -(."'? ;~~~·_1 r.;")~-;:c:-:o=:: ,-.., '-=>=.::.,r=:.::: !>Cn° .. --.J :-,...r- ..., :T-d --..J ..., I, ,;;1 <---.~ LAw OFFICES PEACOCK,KELLER,YOHE &DAY EAST BEAU BUILDING 68-70 EAST BEAU STREET WASHINGTON,PA.15301 ;j,/I--~32 COURT OF COMMON PLEAS OF WASHINGTON CO.NTY~PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: ESTATE OF SAMUEL G. WALKER"DECEASED ( ( ( ( No.840 of 1971 DECREE On the 27th day of September"1971"at 10:00 o'clock a.m.the Petitioner"Mrs.Lorena W..Hendry"Administratrix d.b.n.c..til a.of the Estate of Samuel G.Walker"deceased"and Mary W.Lynn;.J also known as Mary Irene Galey Walker"appeared before this Court and submitted proofs of publication in the Washington County Reports and the Observer Publishing Company in accordance with the Order of Court made the 18th day of August"A.D•.,1971 and further submitted receipts of certified mail from the parties in interest living in the "United States of America and a receipt of registered mail by the party in interest living in Taipei,)Taiwan in which the Decree of this Court together with a copy of the Petition presented in said proceedings was enclosed"and., IT FURTHER APPEARING TO THE COURT that upon testimony of said witnesses and testimony of a disi.izl:.erested expert witness that the price or sum of Sixty Thousand and no/lOa {$60"000.OO}Dollars;J subject to a reservation of all of the coal tegether with mining rights.,7 exceptions.,7 reservations and conditions contained in prior instruments of title"all royalties from existing oil and gas leases upon said premises"and payments upon a leasehold granted to Pisgah Investments..Inc.by lease dated November 1.,7 1970..in accordance with the agreement entered into between Lorena W.Hendry"Administratrix as aforesaid"and John Kosky"Jr."et ux."was a fair and reasonable price for said premises and a better price that could be obtained at public sale"and.. IT FURTHER APPEARING TO THE COURT that the income from "'...~. 81ms set aside by the said Samuel G..Walker in his said Will was insufficient to pay real estate taxes"insurance.,repair and maintenance bills and that the surviving children of the said Samuel G.Walker are no longer able to maintain said premises"and: IT FURTHER APPEARING TO THE COURT that the sum of Forty Thousand and no/100 ($40"000.00)Dollars to be allotted to the sale of the Walker homestead and that part of the Powell farm between the two creeks and the sum of Twenty Thousand and no/100 ($20"000.00)Dollars be allotted to the remaining real estate included within the terms ef said petition is an equitable"just and fair distribution ef the proceeds of the sale of the real estate involved.. NOW THEREFORE,it is hereby ordered"adjudged and decreed: 1..That the sale of the within property in accerdance with the terms of the private sale propesed in said petition be approved.. 2.That Lorena W..Hendry"Administratrix d..b.nl'c,.t.a""be and she is hereby authorizedJo empowered and directed to make"execute and deliver unto the said John KoskYJ Jr.and Madeline Kosky"his wife"a special warranty deed in fee simple fer said premises sUbject to the exceptie s and reservations as are set forth and/er referred to therein and herein and subject to any easements which may appear upon said premises. 3..That she be directed to payout of the proceeds of this sale attorneys'fees at five per cent ef the sale price of the real preperty involved herein"as well as record"advertisin&etc,.costs"which have accrued in the amount of One Hundred Fifty-two and 68/100 ($152.68) Dollars"plus such additional costs as may accrue and may be necessary and preper to complete the record in this proceeding and transfer of said title.. 4.That she be directed te distribute to those entitled thereto the sum ef Twenty Thousand and no/lOa ($20"000.00)Dollars,J less one-third -2- ·'.. of the expenses and fees as referred to in paragraph 3 hereof. ~ 5.That she eleFJesit the sum of Forty Theusand and no/100 ($40"000.00»Dollars"less twe-thirds ef the costs and attorneys I fees as set forth in paragraph 3 hereof int!!'"-;;-F~;;;;;i:~j further Order of this Court",A ee13Y of tbi~QrQ.8P O'ftalk l3 8 pPQ.."ieeel te th~ Cl -3- ----------------'------------ COURT OF COMMON PLEAS OF WASHINGTON COUNTY;"PENNA~ ORPHANS'COURT DIVISION No R40 nLl~71 '" IN RE: ESTATE OF SAMUELG.'WALKER~ DECEASED DECREE --j ...~- u-P~~;~~ I ~L9 (/)f71 =<J t-J l~',~r~cC:-~-..,~.~'"'.':' ~,-:r ~ f 'i........,--1 ;,....,,,1{!:2 c:':.:::>•,---.~\'-;'.--,~~;0 :..:-_-~?~J ~~£jj : 0;) LAw OFFICES PEACOCK,KELLER.YOHE &DAY i ',~. '-- EAST BEAU BUILDING 68-70 EAST BEAU STREET WASHINGTON,PA.15301 /~~--£d5:tY I j " COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DIVISION FIRST AND PARTIAL ACCOUNT OF LORENA W.HENDRY,ADMINISTRA- TRIX D.B.N.C.T.A.OF THE ESTATE OF SAMUEL G.WAjJ"f$:ER, DECEASED No.840 of 1971 SUMMARY PRINCIPAL -PERSONALTY SCHEDULE A Receipts,Page 2 Disbursements,Page 2 $92,000.00 -$10,919.26 Balance -Principal -Personalty INCOME -PERSONALTY SCHEDULE B $81,080.74 Receipts,Page 2 Disbursements,Page 3 $212.50 -$None Balance -Income -Personalty PRINCIPAL -REALTY SCHEDULE C Receipts.Page 3 $None Disbursements,Page 3 -$None $212.50 Balance -Principal -Realty $None INCOME -REALTY SCHEDULE D Receipts.Page 3 Disbursements,Page 4 Balance -Income -Realty $None -$None $None $81,293.24 --------------------------------------,---.. -,--' SCHEDULE A PRINCIPAL -PERSONALTY RECEIPTS U.S.Treasury Bond,4 1/4%-1987-92 dated August 15,1962 Proceeds of sale of Pennsylvania property (transferred from Principal -Realty) Proceeds of sale of Florida property (transferred from Principal -Realty) TOTAL SCHEDULE A PRINCIPAL -PERSONALTY DISBURSEMENTS Administrative Expenses: Peacock,Keller,Yohe &Day -reimbursement of expenses connected with Revised Price Act proceeding at No.840 of 1971,Court of Common Pleas of Washington County,Pennsylvania,Orphans'Court Division,and sale of Pennsylvania property Julian K.Dominick,Esq.-reimbursement of real property sale expenses in connection with sale of Florida property $5,000.00 $60,000.00 $27,000.00 $92,000.00 $3,869.43 $4,181.33 Julian K.Dominick,Esq.-reimbursement of expenses for ancillary probate proceedings in the Circuit Court of Seminole County,Florida, Probate Division,Case No.73 -51-CP $508.50 Peacock,Keller,Yohe &Day -fee for attorneys to personal representative TOTAL SCHEDULE B INCOME -PERSONALTY RECEIPTS $2,360.00 $10,919.26 1973 interest -coupons to U.S.Treasury Bond, 41/4%-1987-92 -coupons for February,1973 and August,1973 TOTAL -2 - $ $ 212.50 212.50 ·. .' SCHEDULE B INCOME -PERSONALTY DISBURSEMENTS None TOTAL SCHEDULE C PRINCIPAL -REALTY RECEIPTS All those certain five tracts of land situate in West Pike Run Township,Washington County, Pennsylvania,totaling 125 acres,more or less, as fully described in Revised Price Act proceeding at No.840 of 1971,O.C.This property is valued at $60,000.00 and was sold at that figure by the personal representative and is accounted for under Principal -Personalty -Receipts,Schedule A hereinabove. All that certain tract of land situate in Seminole County,Florida,consisting of 20 acres,more or less,appraised at $27,000.00 and sold for that figure by the personal representative.The proceeds from this sale are accounted for hereinabove under Schedule A,Principal -Personalty -Receipts. TOTAL ., $None $NONE $None $None $NONE None None SCHEDULE C PRINCIPAL -REALTY DISBURSEMENTS $None TOTAL $NONE SCHEDULE D INCOME -REALTY RECEIPTS $None TOTAL $NONE -3- 4.'; None SCHEDULE D INCOME -REALTY DISBURSEMENTS -4- TOTAL .-, $None $NONE STATE OF PENNSYLVANIA, WASHINGTON COUNTY,}55: I' The within named Accountant being duly sworn according to law,depose s and sa~that the above account as stated is true and correct as-----.she..------veri Iy bel ieve. Sworn and subscribed before me Ithis .;?.d'!.....y~r~~···············.· ....,....;:soI:) ...; .~ o...., ,f .'-0010 I . ,•,<':,..0'-n•i-1 ,0' f I L r't ,"'''~''''''''f~r Mary Jane Smith,N~tary Public washington,WashinS'it?"~JlInty,Pa. My Commissk'm~r :...les ... February 14 ~77 I do certify that I have given legal notice to all persons~- concerned of the filing of 'the within account in the manner I, prescribed by Statutepnd Rule of Court,as evidence by proofs thereof filed to No..-!.P.3-~-23-~.3.80----. my hand and official seal this J..7..~__... day of .--AM.,A..}h.--~---·~tm>.:.19Z.} --- -':jt:~_..... .Register of Wills ~~ ~ o ..... Washington County,ss: .' ~ '.-1......~, 0 ;..>.~cdl 1:i ~:;..>:,..;:s 00:0o<::J '"•.-1:-'"0'4i <11 '.-1'~Si~"0:~<ljjr:....4 ..;0 ~:>-;r;q ....-l:~: Eo<cd!"0:......i <11 .'.-1:0:t-:Eo<CJ ;..>:(1)iUl~:~:en:r;q cd:·......i ...4 ~i cd 'H!.:·~"01 ~:;..> °i ::J ·o!0:cdl C)~cd!·~:S::i s::00\<lj ;..>:(1):00:~!·Cf)~:..a.~'.-1:Oi ·0 ~!t-4:"0~Z •,t f ~.. --'-----~'-~- ,'-/ ": ,.-'. ...~'. ~--- ...'-.'l '"I ~• The Court is respectfully requested to determine proper distribution in this estate. ~~ Counsel "'""....)lI''I,. 1"· IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PEN A. ORPHANS'COURT DIVISION dead. estate,The Home Farm,has been sold after a Revised Price Act Pro- ) WALKER,) ) ) OPINION ORDER AND DECREE ESTATE OF SAMUEL G. deceased. Samuel G.Walker died on August 18, 1910.Some 63 years,3 sets ',' IN RE: Tha,t same year,in Barnsley's Estate,59 D&C 653,the court In 1946,Lare's Estate,57 D&C 163,the court allowed the merger of (1877).However,since Wright's Estate,284 Pa.334,in 1925,Pennsylvania At Common Law,a woman was presumed capable of childbearing children then living.The two surviving life tenants,and the 4 surviving of personal representatives and 9 accounts later the principal asset of the grandchildren have agreed to a present distribution,subj ect to approval of By his will,Walker left the homestead to his children for life and proceeds and a maintenance bond of $5,000.00 is to be made. ceeding in this Court,and the distribution of some $37,420.38 of net thereafter directed its sale and i:Hstribution of the proceeds to his grand- result for a 57 year old woman on the same reasoning. the court and a finding that the life tenants are incapable of further child- interests of one who was a life tenant and sole residuary legatee upon . bearing,so that the class of grandchildren is not capable of being enlarged. showing she was 70,childless and incapable of bearing children.The next has gradually acknowledged that the "rule of the fertile octogenarian"is until the time of her death,regardless of age.List v.Rodney 83 Pa.483, year,1947,the court in Leonard's Estate,60 D&C 42,reached the same ". followed suit under the same facts for a 58 year old woman,satisfying itself she had passed her menopause. In 1949,the court in Holme's Estate,66 D&C 612,found a woman of "advanced years"unlikely to bear further issue and terminated a trust. In 1952,the court in Kelby Estate,80 D&C 1 (Phila.)applied the rule to a ,man of 64,thrice married,without issue and impotent for 8 years. The court required a physical examination and on a medical report to the court,found failure of potential issue and terminated a trust.In that case, the court cited a study of U.S.Government statistics showing that between 1923 and 1932,of 20,389,873 births recorded,not one was to a woman over 55 years of age. In Case Estate,84 D&C 123,(Bucks-1952)the court terminated a trust for lack of procreative potential where the woman was 56 and had experienced menopause 10 years earlier.Two physicians examined and certified her condition as being incapable of childbirth. It seems fair to observe that the older the woman and the more obvious the supporting evidence,the less examination and proof the court required. In the case at bar,Mrs.Hendry is 76 years of age,unmarried,and her only son is 50.Mrs.Lynn is 70 and childless.Each was examined by a board certified obstetrician-gynecologist who concluded each was "not capable of further childbearing'.'medical certificates were provided with theI Audit Petition. It should be noted here that the matter involved does not effect title to real estate,but only distribution of a fund.As far back as Appeal of James E.Gow.en _,106 Pa.288 (1884),the court made an exception to the common law presumption of fertility where only the distribution of a fund -2- ')', ""~,... ..\:'.....'. and not title to realty was involved,stating that the principles of equity instead were controlling. In view of these precedents,with which this court concurs,we feel justified in finding and we do find,that Lorena W.Hendry and Mary W. Lynn are the only surviving children of decedent,that each of them is incapable of bearing further children,and that consequently the class of decedent's grandchildren is closed.Accordingly,we make the following order and decree.~ AND NOW,this c2--d day of September,1973,the Administratrix, D.B.N.C.T.A.,is authorized to make distribution of the proceeds of the sa e of the "home farm"according to the agreement among the life tenants and remaindermen,and of the maintenance bond,according to the suggested distribution set out in her Audit Petitions. -3- OFFICE OF CLERK OF THE ORPHANS'COURT Washington County,Penna. NO.840 of 1971 WASHINGTON.PA s.~P:t.L..Z.1.s.:t 19 73 Guardian Administrator Executor Mr.....Trustee n YIn credited with same. ..RY:~§.~.+.J:~~.:r.:tP.:Q.L Clerk O.C. The Fees amount to $-5.•.00 .in the pr ceeding for QP .0 •....QRDER &DECREE.,.SIMMON.S J.. dated Sept.20,1973 At No 840····················.~.19··.71··············'In this office.Please remit at once and bave or send this bill.that the docke AUD '41-244 D~et...4..4.4=.5.35.~. of the estate of..._S.AMUEL G.•....WALKER.,.~Il:-_-.t:> And now ,19 ,Received above costs,to-wit $. and the docket has been properly receipted for same. .Clerk O.C. ~ J .' IN THE COURT OF COlVlMON PLEAS OF WASHINGTON COUNTY,PENNA ORPHANS'COURT DIVISION SAMUEL G.WALKER,a/k/a S.G.WALKER, I () The Honorable PAYJ.;.f:..SUJ,lMONS,Judge of the said Court.;; ,, ( ) ( ) (No.63-71-840 ) (., j ) , ,.I •~c . (;t ,",~.,/t-.t-{. " .,,- <, ",,f t 0'•; INRE: Estate of 0( ~eceased. .J>-l/lZZ III 0. iol-e>~EFORE: l/l'0( ,~ • .'Ii II:In'~PPEARANCES: 0( ~o :J., :x:.1-,.. l\I PEACOCK,KELLER,YQHE &DAY,Esquires,of Washington,Pa.,representing the Accountant. ~IME:n:IIIl-n:o0.IIIII: l-n:5 THE COURT:u .J 0( u MR.DAY:,iLlI.o 'THE COURT: Friday,September 14,1973,at 10:00 A.M.,EDST The next cas e is the estate of Samuel G.Walke May it pleas e the Court,-- Did you talk to Mr.Keller about this estate? MR.DAy:Yes.Only a message which was delivered to me this morning. THE COURT:Would you state that and then we will indicate what we will do about this. MR.DAy:May it pleas e the Court,Mr.Keller is compel ed e, .~ 2 to be in Syracuse,New York this morning and requested me to represent him at this matter.There is a legal issue involved • which is 'referred to requiring the interpretation of the Court. And he has suggested with the Court's permission he would lik to present a form _'of proposed order to the Court on the because I think that as I recall it,this is a case of the legal questions involved after the first of the week. this with Mr..Keller,the Samuel G.Walker matter,and I think that it might be.well to take some supporting testimony, Now may I say this,Mr.Day:I have discussed ~z0(~~THE COURT:zz1&/0. iol-e>I~:r lI!0( ~ • ..:u 0:l-ll!o .J :':u o::>.., :tl-,.. III octogenarian,whether or not you can have a fertile octogenari n according to the law.It's the opinion of the Court that a heari Ilg should be held,just very brief hearing.We will have it the same day at 11 :00 o'clock on October 25.So that this would ui0:1&/I-0:o0. 1&/ 0: I-0:::>ou .J0( uii:II.o be your day here.your firm's day.And at that time,I think there should be testimony as to the medical reports which indipate that the devisees and legatees under this Will are incapable of procreation.And at that time,I think maybe a few cases,I gave Mr.Keller reference to 26 Temple Law Quarter ly. Decline and Fall of the Fertile Octogenarian.And I think we c n make an appropriate order at that time.So we will determine this matter also on the same day,that is October 25,1973, at 11:00 o'clOCk. MR.ZERMANI:Your HQrior.,I received no response. matter on October 25 at 11 :00 0'clock.Mr.Day,would you ;I 'f • THE COURT: G.Walker? THE COURT: Is anybody interested in the estate of Samuel I r (NO RESPONSE) Hearing no response,a hearing will be set in th t 3 0( z0(>.~>-IIIZ ZIIIa. i MR.DAy:,0 .~z XIII.0( ~ ..:!:! 0:I-III C ,.J :5 !:!c::>., J:I-r-III please have Mr.Keller send out appropriate notices to all interested parties tha~there will be ~hearing? Yes,Your Honor. (A UDIT CONTINUED). iii~I rereby certify that the proceedings and evidence are containe 0:oa.~fully and accurately in the notes taken by me on the hearing of the above I-0:::>8 cause,and that this copy is a corre ~« u ii:lI.o The foregoing record 0 t e proceedings upon the hearing of the above cause is hereby approved and directed to be filed. By the Court, Simmons,J. ..-f)1:0', J "\ ~".':L,'.'I.;)oJ ~J ~~..~J v·,""'"'"\L \:....-~.-\ 00 \1 M\\Q '13 t""",, ~",~,._}h J J, " j/ • .-!" " \ ~. \,' L ,t,:' ".1' j I~ • ),...,.J ;c"j , .L 1 ,.~.'".d ,-- ~:lt.J.dJ "J t,- 1v \., ",__J t.G1j _~.:.~1~~.G .I / ------------------------------------. ~lt tij~Qrnurt nf Qtnmmnn :Jlran nf Ifanijiugtnu Qtnunt!} (@rpijaun'<t!nurt miuininu In the matter of the Audit of Account in J Estate of .SAMUEL G.WALKER TO THE AUDITING JUDGE: 840 of 1971No._--:.....:.-----:.....:...-_..:...-_ Enter_---'o><.u"""-r ,appearance for Lorena W.Hendry~Administratrix d.b.n.c.t.a. N.B.-Counsel shall,by separwte pape,r,present a concise statement of each claim,with supporting caIcuIation of any interest claimed.Objections to an account as filed,shall be concisely stated in a separate paper. Council suggesting proper distribution shall file a separate concise state- ment in that regard. No.840 of 1971 In re Audit of Account in Est8Jte of SAMUEL G.WALKER AUDIT 'r-urtipr fnr'i\ppraraurr FOR Lorena W.Hendry. Administratrix d.b.n.c.t.a • ."4d "OQ NOl.e~\\-\S'1 11\ S11\h\30 'd31.S\~3~ OH\H":j't\l~nSsn~ .Peacock "-Keller~Yohe &Day t \t \.II!'i\I\''lr ~l. c G"3 17\',j===~-2 Attorney ".,:PETITION SUR AUDIT IN THE ORPHANS'COURT OF WASHINGTON COUNTY Testate Form ) Estate of .sAMUE.L.G :.WALK~R . Deceased No .JH.9...9.L~.~.?L . Fiduciary LQr~.l),9:..W B~ndry",. Administratrix d b net a.....................................................~....,...~....I...•...,..... Date of Date of Decedent's death All.gu.s.t.18,...1£l1.Q Grant of Letters A:t:\g1.l.$.tJ~,..J£l.Q.~. This is the :account filed in this estate If there have been former accounts filed in this estate,list file number or number and term . .S.e.e.lis.t..a.itg..c.h~.d•...................................................................................................................................................... Election to take Date Election Place of; Under or Against will.(cross out one)Filed Record '. Name of surviving spouse NQ.ll~:.. List issue,where material: Not material Did decedent marry after execution of will?(indicate)~.No.Any children born after execution of will?(indicate) ~No.If answer yes,name them . ,........_--_-__--__. Leg.atees Lorena W.Hendry Mary W.Lynn Stanley G.Hendry Relationship Daughter Daughter Grandson Interest Fiduciary,if deceased or not sui Juris Life tenant and Sui juris residuary Life tenant and Sui juris residuary Remainder Sui juris Remainder Sui jurisLewireW.Craft El~~Ulaney /ames W.Walker,Jr. Harriett Walker Granddaughter Granddaughter Grandson Granddaughter Remainder Remainder Remainder Sui juris Sui juris List,if exceptions to above: None If partial intestacy,give facts: None Adeemed:Revoked:Lapsed:Abated:Give Cause: Notice to interested parties.Have all parties,having either vested or contingent interests and all crediors entitled to notice (Court Rule ·No.9 paragraph C:Section '6:Subdivision c)received written notice of the filing of the account and of call of audit?Yes.~ If any exception give cause::. File copy of Notice and dote of mailing AugJ.J..at..3.Q J.9.~~. ?/ Is estate subject to the filing of a Federal Estate Tax Return?~Q . Actual payment made on Pennsylvania Transfer Inheritance Tax.Amount $NQt..ap.p-lic.abl~. If the Will makes any portion of estate subject to a life-estate,give name and birth date of life tenant . .Mr.s.L.Qrena.W Hendr.~..::..JaDJJ.q"rY-.2.6.#...J.a~1..§.J.l:~LMX.§•...M.~r.y..W~..J,Jy.np...::..M.~.r.~h.1.~.L ..J.~Q~. Give Names and addresses of all unpaid creditors who are legally entitled to notice,tog,ether with the amounts of such claims;state whether they are admitted to be correct;and whether the claim is denied. None Give reference to such parts of the will as require interpretation by the Court;a reference to all questions re- quiring adjudication,and a statement of any other facts deemed necessary for the preparation of the adjudication: See schedule attached hereto. Balance for distribution per account, Itemize any additional debits not shown by account: None n. Total additional debits (Ad4) Itemize any additional credjts not shown by account: Fili~g Account -;JulY,?5,1973 -$18.QO ;" Total additional credits (Subtract) Balance for distribution $N.one .~... $....la....QQ .........•....•....•. $~J f~.q.~.f1 . $6.L.2.7.9.•.~:1 . If balance for distribution is not in cash,list each item held in kind,giving appraised Value (or distribution Value)'..' .. '..'.,, .~-------------------------~ / .,.II,, LIST IF THERE HAVE BEEN FORMER ACCOUNTS FILED IN THIS ESTATE. LIST FILE NUMBER OR NUMBER AND TERM. 1.100 August Term.1912 -First and Partial 2.58 November Term.1915 3.99 May Term.1919 4.21 May Term,1923 -Fourth and Partial 5.29 November Term.1926 -Fifth and Partial 6.42 May Term.1930 -Sixth and Partial 7.71 February Term,1935 -Seventh and Partial 8.16 November Term.1946 -Eighth (Exceptions to opinion and decree dated March 30.1948 -filed April 15.1948.Exceptions to opinion and decree dated March 30.1948 - filed April 20.1948.) 9.50 November Term.1950 -First and Partial SCHEDULE GIVE REFERENCE TO SUCH PARTS OF THE WILL AS REQUIRE INTER- pRETATIoN BY THE COURT;A REFERENCE TO ALL QUESTIONS RE- QUIRING ADJUDICATION,AND A STATEMENT OF ANY OTHER FACTS DEEMED NECESSARY FOR THE PREPARATION OF THE ADJUDICATION. 1.In paragraph First of the Will,we seek to close the class of grandchildren by a determination by this Court that the two surviving children of the testator,Mary W.Lynn and Lorena W.Hendry,are no longer capable of childbearing,that the class may therefore be closed,and that the agreement among the survivors of the grandchildren,the remainder- men,and the life tenants,may be given effect and distribution as hereinafter set out;with regard to the "Home Farm"may be given effect and distribu- tion made accordingly (see proposal by the life tenants and acceptances attached hereto and made a part hereof.) 2.The distribution of the $5,000.00 referred tom paragraph First and in the form of a bond,to be used to protect the property in payment of taxes, repairs,insurance,etc.should be made to the life tenants,Mary W.Lynn and Lorena W.Hendry.The income from this bond having proved insufficient to accomplish the stated purpose,and the life tenants having provided the necessary money to "protect the said property"over a substantial period since the death of decedent in 1910,this fund should be paid to them in partial reimbursement of their expenditures.Note also that the distribution of the funds from the sale of the "Home Farm,"to which this is most closely related,has been settled by stipulation,allotting each of the grandchildren a fixed sum and leaving the balance to the life tenants in equal shares,thus extinguishing the rights of the grandchildren. ACCORD AGREEMENT It has been proposed by the life tenants,Lorena W.Hendry and Mary W.Lynn,that there would be paid to each of the four living grandchildren the sum of $2,000.00 immediately,on distribution hereunder,in full payment and satisfaction of their claim under Paragraph First of the Will of Samuel G.Walker,covering their right,title and interest in the "Walker Homestead," a portion of the home farm and all appurtenances thereto.It was further agreed by the life tenants that they would pay to Lewise Craft an additional $2.,000.00 gratuitously,since she was sole legatee and devisee of Harriett Walker,another grandchild,who died in Brownsville,Pennsyl- vania in 1972 and is hence ineligible under any paragraph First distribution. The balance of the sale price and any appurtenant funds for the Walker homestead to be distributed finally and at this time to the life tenants, Lorena W.Hendry and Mary W.Lynn.Acceptances of the above proposal have been received from each of the named grandchildren,as follows: Eleanor Dulaney;James W.Walker,Jr.;Lewise W.Craft and Stanley G. Hendry. EXHIBIT LIST ANY ADVANCEMENT OR DISTRIBUTION ON ACCOUNT THAT HAS BEEN MADE,AND NATURE AND AMOUNT OF SAME: 1.PRELIMINARY DISTRIBUTION FROM SALE PRICE OF FLORIDA PROPERTY: Balance for distribution $22,310.17 Distribution to: LorenaW.Hendry $8,180.37 Mary W.Lynn $8,180.38 James W.Walker,Jr.$2,974.71 Lewise W.Craft $991.57 Eleanor Dulaney $991.57 Estate of Harriett Walker $991.57 2.DISTRIBUTION FROM SALE OF PENNSYLVANIA ACREAGE: As approved by Orphans·Court Division,Court of Common Pleas of Washington County,Pennsylvania at No.840 of 1971,O.C.: To: Lorena W.Hendry (l9/50ths) Mary W.Lynn (19/50ths) James W.Walker,Jr.(12/50ths) $7,109.87 $7,109.87 $4,490.45 $2,000.00 $4,000.00 $2,000.00 $2,000.00 SUGGESTED DISTRIBUTION OF BALANCE SHOWN,BOTH AS TO PRINCIPAL AND INCOME,ATTACHING SIGNED AND ITEMIZED ELECTIO S TO TAKE IN KIND IF BALANCE IS NOT IN CASH:RESIDUARY SHARES BEING STATED IN PROPORTIONS: A.As to balance from sale of Home Farm,Pennsylvania property - balance on hand $37,420.38 per agreement among legatees: Eleanor Dulaney Lewise W.Craft Dr.Stanley G.Hendry James W.Walker,Jr. Balance in equal one-half shares Mary W.Lynn and Lorena W.Hendry B.As to $5,000.00 bond and accumulated interest: Equal one-half shares to Mary W.Lynn and Lorena W.Hendry ., ·, s COLUMBIAGHOSPITAL PENN AVE.&WEST ST.WILKINSBURG,PITTSBURGH,PA.15221.(412):371-8600 I,Richard N.:rvlcGarvey,M.D.,hearby certify that I am a .~,,~ -,.'" licensed physician in the Commonwealth of Pennsylvania and that I maintain an office at 61$Swissvale Avenue,Pittsburgh,Pa., 15221 and I am board certified by the American College of Obstetrics and Gynecology,that I have examined Mrs.Lorena Hendry of Orlando, Florida and that I have taken from her a medical history. My findings are as follows:She is a white female born on January 2$,1$97 and is presently 76",years of age.She had one (1)child,Stanley G.Hendry,born Narch 22,1923,\'Tho is presently 50 years of age.She had no other children.She has been a widow for a number of years. Based on her medical history,a physical examination,and on my professional experience regarding the childbearing capabilities of women of her age and condition,I do hearby certify that it is my professional opinion that she is not capable of further child- bearing. June 16,1973U?~0tJ;t~1UA/ Richard N.McGarvey,M.D~ . A MODERN MEDICAL IN1:iTITUTION ESTABLISHED H!06 BY UNITED PHESHYTEHIAN WOMEN'1:i As..<;OCIATION I.."';,.'~ ,'".'I'.~," ;.. it COLUMBIA ..··,·HOSPITAL PENN AVE.&WEST ST.WILKINSBURG,PITTSBURGH,PA.15221.(412)371·8600 I,Richard N.McGarvey,N.D.,hereby certify that I am a licensed physician in the Commonwealth of Pennsylvania and that I maintain an office at 618 Swissvale Avenue,Pittsburgh,Fa., 15221 and I am board certified by the American College of Obstetrics and Gynecology,that I have examined Hrs.Nary Lynn of Morrisville, Pa.and that I have taken from her a medical history. My findings are as follows:She is a white female born on March 19,1903 and is presently 70 years of age.She had no children. Based on her medical history,a physical examination,and on my professional experience regarding the childbearing capabilities of women of her age and condition,I do hearby certify that it is my professional opinion that she is not capable of further child- bearing. June 16,1973 ~f)tJ;~ Richard N.McGarvey,M.D.l~ A MODERN MEDICAL INSTITUTION ESTABLISHED 1~1l6 BY UNITED PRESBYTERIAN WOMEN'S AS.'iOCIATION 1." I, I 1I . II . Ii. I·IIIIII I jJ~1ru,CP~.-..Aj 3=J~,d~~-r . lG,.""J ~-~~--:_~---,L >1_~~ ~~,~L-U-f--r~ ~7~~.-J~,--,<~Z~~_.1' ~.~~ ~ ,..Jr. /j,, 108 chung shan rd.,north second section taipei,taiwan,r.o.c. 12 Februe.ry 1972 Nr.Ealph Peacock c/o Peacock,Keller,Yohe and Day East Beau Bldg. 68-70 East Beau St. 'vJashington,Penns:rlvania 15301 Dear Halph: As you have advised,and Hary and Lorena have confirmed,it is their desire to divide the monies received for the 67 acres now instead of receiving the income from this amount until they are deceased,and they desire to divide the estate arlOngst the 5 grand- children and that it be distributed nm'1.I &11 in 'perfect agreenent Hi th this plan and 1-mnt you to knm'l that I am Hilling that this be done.I have not received any official document to sign in this respect as the one enclosed in your last letter Has addressed to Harriet.I believe I returned it to you.In a.rty event,I trust that this letter is sufficient,in case it is not,please send me as soon as possible,any document that has to be signed. Thank you again for the excellent Elanner in ';'!hich you have he.ndled this entire natter. 'dith kindest regards,I remain, ~~'~' J.lA.Nalker,Jr. cc:Mrs.Lorena HendrJ hI's.Nary L;ynn ·" LAw OFFICES PEACOCK,KELLER,YOH E a DAY EAST BEAU BUILDING 68-70 EAST BEAU STREET WASHINGTON,PA.15301 January 31,1973 CHARLES C.KELLER DAVIS G.YOHE REEO B.DAY KENT C.PUTNAM ROGER -J.ECKER -JAMES S.lAMS AREA CODE 412 222-4520 RALPH W.PEACOCK 1902-1972 Mrs.W.K.Craft 129 Greenwood Avenue Trappe-Collegeville,Pennsylvania 19426 In Re:Estate of S.G.Walker3 deceased Dear Mrs.Craft: Mary Lynn called yesterday morning to say that you had agreed to the settlement of the above estate on the payment to you of $43 000.00 for your interest in the estate,being $2 3 000.00 on your own behalf and $2,000.00 to be paid directly to you but representing the interest of your sister3 Harriett. As you know,all of the other interested parties have agreed to a present settlement of the matter and I have their acknowledgments in writing. So that I will have something to take to the Judge;I have enclosed a copy of this letter with an endorsement on the bottom which I would ask you to sign and return to me in the self-addressed envelope right away. If you have any question;do not hesitate to call me. You may not have known that Mr.Peacock died on May 4;1972.I was working with him on the file in any event;but his death has made it necessary for me to take the matter over entirely. Very truly yours; PEACOCK;KELLER,YOHE &DAY Ql~Cu'-u ~1 ,l.a,.d C'(\C \'1 :'.\C',-X \.0~\..:.....\ Charles C.Keller ByCCK:dad Enclosures STATEMENT I;LEvVISE W.·CRAFT;granddaughter of Samuel G.Walker;and sole heir of my recently deceased sister;Harriett Walker,do hereby agree to an early settlement and distribution in the S.G.Walker Estate.I agree'to convey all of my right;title and interest in and to that estate or its assets to Mary Lynn and Lorena Hendry upon the payment of $4,000.00. \Levvise vi.Craft :2/~/;~;lJ /.j January 4,1972 Charles C.Keller,Esq. 68-70 East Beau Street Washington,Pennsylvania 15301 Dear Mr.Keller: I herewith agree to the proposed distribution plan involving the S.G.Walker Estate whereby I,as a grandchild,will receive $2,000.00 in settlement of any claim I may have against the proc~eds of the sale of the homestead. ~~ery trul.y you.r.s..:.~...~'.~,,,,,\....~~.\.U .~,~~~'K ..-.; .Stanley G.He dry ~ I ,f ,.. ,'. For file of Mrs.Lorena W.Hendry COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.' ORPHANS'COURT DIVISION IN RE:ESTATE OF SAMUEL G.WALKER, DECEASED ) ( ) ( ) No.840 of 1971 / ELECTION TO TAKE IN KIND I herewith elect to receive in kind the U.S.Treasury Bond 4 1/4%1987 -92 in the principal sum of $5,000.00. .. ". ~...: If Family Exemption claimed by Petition,give place of Record:NQD.E?.. If Family Exemption is claimed at audit,give name,relationship and basis for Claim:_..N.2n..~. List any advancement or distribution on account that has been made,and nature and amount of same: See Exhibit attached hereto. Suggested distribution of balance shown,both as to principal and income,attaching signed and itemized elections to take in kind if balance is not in cosh:residuary shares being stated in proportions: See Exhibit attached hereto. See Election to Take in Kind as to bond.:'-'~ COUNTY OF WASHINGTON,SS: COMMONWEALTH OF PENNSYLVANIA. The above named Fiduciary or representative thereof, 1",being duly S~~}QrR doth depose and say that the facts set forth in the foregoing petition are true to the best of he.r.knowledge and belief. -Sworn_--;-it,----------------------00 and subscribed before me this day of..~~.....9..?J Signature of Office~............~..L Title of Officer ~~. Office exPires ~..~.,l.~L.'7.2 ..2.. Mary Jane Smith,Notary Public Washington,Washington County"~a. My Commission Expires february 14,1977 And your petitioner will ever pray,etc. Deceased Estate of__..~AM1JJ~~~_.G..1WAJdK.~B._.... ...~:No.840 of 1971 FI LED, '74 JMl 15 Pt13 14 .', ~J " Fiduciary..__Lor.ena_W..:_Hendr_y-~~-----------_.- Adminiatr.atr.:ix_d.b.~n._c~t.:a..'_._----------_. PE:rITION SUR AUDIT FROM WHERE DECEDENT LEFT A WILL Counsel of Fiduciary will submit herewith the following,in conformity with Court Rules adopted effective December 3,1951,being rule No.9:paragraph b-c;and divisions thereof:shown on pages 23-24. 1.Written praecipes of all Counsel in the case. 2.Copy of order appointing Guardian ad litem,if pertinent. 3.Copy of Order appointing Trustee ad litem,if pertinent. 4.Proof of service of above. S.Letters Testamentary or Administration C.T.A.or an attest copy of Will. 6.Copy of inventory and appraisement. 7.Proof of advertisement of grant of letters if not filed with account. 8.Certificate of liens in case any of the funds for distribution are from judicial sale of real estate. 9.Signed and itemized elections if any distribution in kind. 10.Copy of Federal Estate Tax return if es- tate is subject thereto. Peacock~Keller~Yohe &Day...___-___.-.._.._..--_..----.-_..-_..--__._-_--. Attorney ~2 RUSSELL M/~RlNO REGISTER Of WILLS WASHINGTON CO .•PA .. .," IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA. IN RE: ESTATE OF ...s.A.MJJ.EL G.•t:w:A!:!KJ.;.E.A Q~.g.;§A§.~.Q .. NO ?j;g 9..!!.~..?.~. Date: You are hereby notified that the Account of Lar.eua...w aendrjl Admini§.tr..?-.tr.;i..~. .d•.b n..c•..t •.a .. of the Estate of §A.MJ;!,;§.!;,Q:!.L'Y.!.~.~~.~. has been filed in ,the office of the Register of Wills and the Clerk of the Orphans'Court of Washington County, Pennsylvania. It will be listed for audit during the term of Audit Court in the week beginning the....1Q~.h....... day of S.e.p.t.e.IDp..s:.+.,19.J.~at which time you may be present for the purpose of presenting any claims or demands that you may have in said matter. PEACOCK,KELLER YORE &DAY .;s.y....l~L.~~C\~~.~.1....tl \~~~.~1 . .Attorney for Accountant. .Augu,st..3.0,1.9.:z.3... ·.... AUDiT NOTICES IN THE ESTATE OF SAMUEL G.WALKER SENT TO: 1.Mrs.Lorena W.Hendry 512 South Magnolia Avenue Orlando,Florida 32801 3.Mrs.Lewis W.Craft 129 Greenwood Avenue .Trappe-Collegeville,Pa.19426 5.Mrs.Eleanor Dulaney c/o Dr.Allen Fort Logan Health Center 2520 West Oxford Avenue Denver,Colorado 80236 2.Mrs.Mary W.Lynn 1204 Yardley Road Morrisville,Fa.19067 4.J.W.Walker,Jr. 108 Chung Shan Road,North Second Section Taipei,Taiwan,ROC 6.Dr.Stanley G.Hendry 2015 William Penn Highway Pittsbu-rgh,Pennsylvania 15221 -- r m o October 31,1973 CHARLES C.KELLER DAVIS G.YOHE REED B.DAY KENT C.PUTNAM ROGER ..J.ECKER ..JAMES S.lAMS LAW OFFICES PEACOCK,KELLER,YOHE 8.DAY EAST BEAU BUILDING 68-70 EAST BEAU STREET WASHINGTON,PA.15301 AREA CODE 412 222-4520 RALPH W.PEACOCK 1902-1972 Judge Paul A.Simmons Orphans'Court Division Washington County Court House Washington,Pennsylvania 15301 '<. In Re:Estate of S.G.Walker,Deceased Dear Judge Simmons: The audit in the above estate was duly held on September 21,1973. Notice thereof was provided to all of the parties in interest and we attached to our Audit Petition copies of .the evidence of the acceptance of the proposed distribution with regard to the fund realized from the sale of the homestead. No party in interest appeared at the audit and it is my understanding that the audit ~was continued until Thursday,October 25,at 11 :00 0'clock A.M.,at whiCh time the matter was agai9'called and again,no party in interest appeared to contest or ~mme'nt on the proposed distribution. ./ I therefore deem the matter now in the hands of the court and would ask that the court enter a Decree of Distribution in accordance with our request at the earliest possible time. Very truly yours, PEACOCK,KELLER.YOHE &DAY CCK:dad '. ....-q-J:~;:0 -l='-->I'TI ;0 C-r(/)<:'",>c::;p::c --U)Z-<,,0 U)rrj;z -;('nC)l"Tl r'~"(J'l f"i-l :;x:J C-·---<:)0 ...Z ":l!--0,}-,~~0 """C>::<:::;;;:;.v..>r-zur-0>-(f) ..c::- Observer·Reporter WASHINGTON,PENNSYLVANIA PROOF OF PUBLICATION " \ In compliance with the News,paper Advertising Act of 16 May,1929, P.L.1784,a.s amended. Commonwealth of Pennsylvania,County of Washington,SS:. Personally appear,ed before file,a Notary Public in and for said County and State,__...R:i._<;_h~_rg $__~__...GQ~.~~._......_.,who being duly s,worn according to law,deposes and says tha.t he is the ...._YAf..~::"_?;r;_~_~~_4.~~t of the Obs'e,rver Publishing Company,a I'tenns,ylvania corporation,and it,s agent in this behalf;that the said Company is,the owner and publisher of the Observer-Reporter,succ'essor to The Washington Observer,established September 18,1871,and The Washington Reporter,established August 15, 1808,a daily newspaper of general circulation,printed and published and having its place of business at Washington,Washington County,Pennsyl- vania,where it or its predecessors have been established and published continuous'1y for more than six months prior to the publication of the notice hereto attached;tha.t the prInted notice or advertisement hereto attached is a ,copy of an official advertisement,official notice,legal notice or le,gal advertis,ement,exactly as printed or published in the Obs'erver-Re'porter in its regular editions on the following date or dates;_ __.. _.......__...._...._.._A.MgM~.t.~_3..,__3_Q .~~g....s._~_p_t_~~p.~_~_'l_J_l9._'lJ _.. that neither th!e affiant nor the Observer Publishing Company is interested in the subject matter of said notice or advertising and that all of the allega- tions of this affidavit as to the time,place and character of plication are true.. _l&L..#Lt...~4 _. Sworn to and SUb~~fore me ,thiS.._..7.....da~yL..p.t.:-~~.e.~..197 rtf'sTRA;~~~;f 7d d-/£~_.{u<m,'m:SAM.· ......:~.I,.~c:~···~;~~G~~·~~·~·.··B~~·D~~~·,..~O··T··A·....··U"B"l-'~I ~Err~'~~~,:,;:~';!.~~~ ~IPEACOCK:"*!:"iJ"fL i',,',!,'"WASHINGTON,WASHINGTON ouruy ,YOHE&DAY.,)~.,'"•/".. MY COrjMISSION !~ttorneys for~the p,etitioner,iT W:1 EXPIRES MAY 6,197Z ,~.70 iEast ,BequStreet.,,:,..e,~••••••••••••••••••••••••••••••••••••••••••\:-va.shingtoii.;P~nn~Ylvan!~J~L,~.•,J)'7JJ!!~~2l11....2fb.,<Qt Washington County Reports Washington,Pennsylvania (PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION) PROOF OF PUBLICATION In compliance with the Newspaper Advertising Act of May 16,1929, P.L.1784 Sec.3,paragraphs (3)and (25). COUNTY OF WASHINGTON}SS. STATE OF PENNSYLVANIA Personally appeared before me,a Notary Public in and for said County and Commonwealth,CHARLES C.KELLER,who,being duly sworn,deposes and says:that he is the Editor of the WASHINGTON COUNTY REPORTS, the officiail legal periodical for said Washington County,published weekly hav,ing its place of business at Washington,Washington County,Pennsylvania, and is acting as its agent in this behalf;that the said WASHINGTON COUNTY REPORTS was established on March 31,1920,and was designated as the official legal publication for Washington County,Pennsylvania,by order of the several courts of said County,dated November 11,1920;that the printed notice or advertisement attached hereto is a copy of a notice or advertisement, exactly as printed or published,which appeared in the said legal periodical in its regular issues on the following dates: H ~~.~.~.~~~.!~.??.~. ..........§~.p.t.~.m.l?~.;:?:.a 9...l ~.9..?~. that the affiant or the corporation in behalf of which he is acting is not interested in the subject matter of said notice or advertising and that all of the allegations of this affidavit as to the time,place and character of the publication ore _.~----f!1__K L/ Editor ..sworn to and subscribed before e this .~ ~..J..!.!!...._...day .L..~1'.7i'--...---'19_?_~_...__~-+~~rtf·~ JOSEPHINE T.SCIAMANNA Notary Public,Vlashi~gton.Washinr,ton Co. ~My Commission ExpirES July 1,1974 NOTICE IN RE:ESTATE OF WALKER No.840 of 1971 TO:Legatees and Devisees of S.G.Walker,a/k/a Samuel G.Walker, Deceased 1.You are hereby notified that a petition has been presented to the.CourtofCommonPleasofWashmgton County,Pennsylvania.Orphans'.Court Division for approval of the prIvatesaleofI:eal estate located in West PikeRunTownship,Washington.County, Pennsylvania.devised by hIm underhisWillprobatedintheOfficeoftheRegisterofWillsofWashmgtonCounty,Pennsylvania,on August 26. '1910 in Wi:JJ Book 25,page 107,whichreal'estate consists of what is known as the home farm of approxim:Jitely 70acresonwhichiserectedatwo-storybrickhouse,a frame house and out- buildings,and four contIguous tractsoflandconsistingofapproxImately58 acres on which is erected a two-storyframedwellinghouseforthetotalprice or sum of Sixty Thousand and no/l00($60,000.00)Dol'lars,subject to a reser-vation of all of the coal together Withminingrights;exceptions,:eser~ations and conditions contained .m pnorinstrumentsoftitle;ali royaltIes fr0!Uexistingoilandgas-leases.on saidpremises'and under and subJect to aleasehold'granted to Pisgah Invest- ments.Inc.by lease dated N~vember1,1970,the 'rentals from which are reserved.2.You are further notified that a citation has been issued that any persC!n1ninterestshali:Jippear before said Court at 10;00 O'Clock A.M.on the 27thdayofSeptember,1971,to show cause, if any they have,why this Court shouldnotmakeappropriateordersaffectmg the disposition of said petition. LORENA W.HENDRY, SURVIVINGADMINISTRATRIXD.B.N.C.T.A.OFSAMUELG.WALKER,A/K/A S.G.WALKER, PETITIONER PEACOCK.KELLER,YOHE &DAYAttorneysforthe Petitioner 68-70 East Beau Street .IWashington,Pennsylvania 15301 6)52-:J RECEIPT FOR CERTIFIED MAIL-30~'(pius postage> POSTMARK OR DATE (See other side) *GPO:••690-3511-312 SENT TO Miss Harriett Walker STREET AND NO. 36 Shaffner Ave P.O.,STATE AND ZIP CODE Browns..Yille.Pa.1541 7OPTIONALSl:RVICES FOR ADDITIONAL FEES . RE-TURN ~1.Shows to whom and date delivered ~RECEIPT With delivery to addressee only 65 2.Shows to Whom,date and where delivered ..35¢SERVICES With delivery to addressee only 85¢ DELIVER TO ADDRESSEE ONLy ····50d SPECIAL DELIVERY (2 pounds or less)'-45¢ POD Form 3800 NO INSURANCE COVERAGE PROVIDED- July 1969 NOT FOR INTERNATIONAL MAIL ~'m .~ H~\'Cil .)M3=Ilrl Mdr- U') r.f1 M Q 0..Z~H STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmaill, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front! 1.If you want this receipt postmarked,stick the gummed stub on the left portion of the address side of the article,leaving the receipt attached,and present the article at a post office service window or hand it to your rural carrier.(no extra charge) 2.If you do not want this receipt postmarked,stick the gummed stub,on the left portion of the address side of the article,,detach ~nd retain the receipt,and mail the article. 3.If you want a returnrec~ipt,write the certified-mail number and your name and address onfareturnreceiptcard,Form 3811,and attach it to the back of the article by means of the ,\gummec'ands.Endorse.efront of articteRETURN RECEIPT REQUESTED. ....4.If you want the article delivered only to the addressee,endorse it on the front DELIVER TO "ADDRESSEE ONLY.Place .the same.endorsement in line 2 of the return receipt card if that service is requested.. 5.Save this receipt and present it if you make inquiry. • I It August 19,1971 Mrs.Eleanor Dulaney 1540 Logon Street Denver,Colorado 80203 Dear Mrs.Dulaney: This is being sent to you in conformity of the order of court which is the first sheet of the accompanying papers. Very truly yours, Ralph W.Peacock RWP:dad Enclosure cc:Miss Harriett Walker 36 Shaffner Avenue Brownsville,Pa.1541 7 cc:Mrs.Hennett Craft 129 Greenwood Avenue Trappe-Collegeville,Pa.12964 {• • ; • • ·co ·t~ SI~.NN.~ATURE OR NAME OF ADDRESSEE (Must always b~fitt~d in) ,;.x A." RECEIPT Received the numbered article described below. PLEASE FURNISH SERVICE(S)INDICATED BY CHECKEDBLOCK(S). REQUIRED FEE(S)PAID.,' D Show to whom,date and address D Deliver ONLY where delivered '.to addressee POSTMARK OR DATE RECEIPT FOR CERTIFIED MAIL-30~!(plus postage)+>UJ. ]:i!.~SENT TO~./~Mrs,Eleanor Dulaney~STREET AND NO. til rN 1 540 Logon Street~rl P.O.,STATE AND ZIP CODE rl Den~er Colorado 80203 i6 J'---oi>rUl;{AL SERVICES Foil AODITIONAL FEES -'- l..f)RHURN ~1.Shows to whom and date delivered 154Withdeliverytoaddresseeonly654 VJ.(Y)RECEIPT 2.Shows to whom,date and where delivered ..354 •SERVICES Wilh delivery to addressee only 854 Q DELIVER TO ADDRESSEE ONLY 5011 p..Z SPECIAL DELIVERY (2 pounds or less)-45¢ ~POD Form 3800 NO INSURANCE COVERAGE PROVIDED-(See other side) .....J_U_'y_19_6_9__NOT FOR INTERNATIONAL MAIL «GPO,,...0-350-3IZ STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmaill, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) 1.If you want this receipt postmarked,stick the gummed stub on the left portion of the address side of the article,leaving the receipt attached,and present the article at a post office service window or hand it to your rural carrier.(no extra charge). 2.If you do not want this receipt postmarked,stick the gummed stub on the left portion of the address side of t~e _article,detach and retain the receipt,and mail the article. 3.If you want a return receipt,write tlte c~rtified-mai I number and your name and address on a return receipt card,Form 3811,and attach it to the back of the article by means of the gumme(~nds.Endorse front of article RETURN RECEIPT REQUESTED. 4.If you want the article delivered only to the addressee,endorse it on the front DELIVER TO ADDRESSEE ONLY.Place the ~.me endorsement in line 2 of the return receipt card if that service is requested." Save this receipt and present it if you make inquiry. .\. ·v 5. .' 13. (Country ofde8tination) (Pays de destination) LI"rT' (Street and number)(Rue et numero) -rAJ VJ4N ;.Q.c.. ~,191...!-,under No,... ~sou.sleNo.:v.J.\u ~1.-1<Ji/(.:r~,i~ (Nameo,r firm)(D_I (Nom au raison socia/e)-I'CI.f\J~.(;.SHJ\N 'UJ~l> on Av~/'Ie "'P- itT '%""St.>::s~....t.>""'....o ~~!5~E,S~"''''-I ~~~-.:~Al elk'-<(Place ofdtstinatioD) (Lieu de Cestination) Theundersigned declares thatthe article mentioned abovewasduly delhrered....f!P'!"'. Lesoussignedeclareque/'envoi mentionneci-dessus a eredamentlivre ""'"-.r- ~fr Ie 19 k· Si~nature3 of the addressee:I Signature of the agent of the'~.:..~ Signature du destinataire:destination.Signature de I'ageny reau destinataire:------~ Mailed at the post office of Deposeau 'ureeu de paste tI. ~~ih'd1ed to. Colis avect'aleur dGclan!e de S 1 Regi~tered article;(2 "i'-?~CJEnvoI.recommunde ...",J":~1 ~:~~~5,,'\'lis.o g"...c'~... >.".Q-;a0"-'"C.:,,-~~"~.Q-.:e~ 1 CrO~8 ou'-..\rhat doesnot ~pply.B\fferce qui ne.corwient pas..'"~""'A t'~~ 2 Indicate Mthe parenthesisthe nat~e ofthe arhcle (letter..post card,priDt,etc.y,ll~df~{IfII'•. lndiquer dans La parent~se la naturede l'envoi (lettre,cartepostale,imprime,etc.)s'il ~u."-I"'.-/ 3This receipt must be signed by the addressee or by a person authorized to do sO by VI \l4..HfUlations of the country of destination,or,if those regulations 80 provide,by the ac-ent of the office 0 esilnation,and returned by the first mail directly to the sender.Cet avis doit etre signepar Ie €ksr-inataire ou par une personneyautoriseeenvertudesreglementsdupaysdedestination,ou,si ces reglemenu Ie comportent,parCagent du bureau tks- h1Kltaire,etrenvoye par Ie pr6nier courrif!r clirect~entcl/'expedi.teur.ffr GPO:1959-0-490250 .,. ~g~§i:~~'i g,§~'5u~Q ...,~~I,)~,.CI"~'l:S~~ o C5 Postmark of the office returning the receipt Timbre du bureau Tenvoyant l'avis (1)1 ",,"~'.:I ;.J AIR{'flAil ")L PAR Av!~N _ ~.RETURN RECEIPT~N~T.:..'';~,;~;E~?I ?tA.G~G;(.reLL£tt "';;t..~j);+y..._~__._____~--------1 POST OFFICE DEPARTMENT UNITED STATES OF AMERICA Administration des Pastes des Etats-Unis d'Amerique POSTAL SERVICE Servicedes postes'",~ -, ;'}' ~Nameor ~firm),(Nom ou raison sociCile)t i-7(/£_,,3&.A-U "5'/~ ,(Street and number)(Rue et numero).;r at (a)Jt.>e.-~rJ 11.>,rl-o ,J.P,4.UNITED STATES OF AMERICA \ (City and State)(Localite)Etats·Unu d'Amlirique (.) ",IIfthisreceipt istobereturnedby airmail,put on it the conspicuous DQtation u~~nvoipar avian"(Returr~A>y ail"mail)and the blue"Par avion'"(via air mail)label or impression..- Silepresentavis doit etrerenvoyepar avion,le.revetirdela mentiontres apparente"Renvoiparavian"et de l'etiquette 0"J.f"une empreime de couleur bleue OffPar avian.n 2Tobe filled outby the sender,who willindicate his address Cor thereturn ofthisreceipt. A remplirparl'expedileur,qui indiquera sonadressepour Ie renvoi du presentavis. POD Form2865,Jan.1959 '·,'-~·'"'ji '. xi .,~~ f'/i5-16-71Si!l-11·347-198'GPO SIGNATURE OR NAME Of ADDRESSEE (Must always b~fi!l~d in) 'II 'SHOW WHERE DELIVERED (only if r~quuted) ,~~~1'~ REGISTERED NO. CERT,IFIE?NO. ~.5JI094." INSURED,~O. DATE'DELIVERED 7/f -;)-0-// PLEASE FURNISH SERVICE(S)/I~OjCATED .BY CHECKED SLOCK(S)., :REQUIRED FEE(S)PAID.,,',:' ShClwtd",:,hom;date and address 0'.'[)~liVero,r{l.Y.. .','"L;:J:Where,delivered ,'"...'to addressee,'hi' ,"...~,R~CEJPT ".'~~Receive(lJh~tiu~beredafticle 'described below. ;,'-,::,,,".~r.:?~,~_:~ ~""--,'.".-':-,, •",'.,c :£~£.:7,,:s~;;;q"xc~Gl..lk~;i;lZ;,.~$};',;'c"",0".":;is"""i'; , '$~~ PENALTY FO,R PRIVATE USE TO AVO~" PAYMENT OF POSTAGE,$300 • Peacock,Keller,Ybhe&Day 68-70 East Beau Street Washington,Pennsylvania 15301 .' Priil(your name,and addre~fyOu want,to rest,rict delivety,,or to have,dle address of deliveryshOwnonthisreceipt,ch'eck "block(s)'on other 'side.MoiSten,gummed ends arid'attach this'cardte.back ofarticle.". ...~...~,~..,,., ~. ..:Co<,It~~---:--'---~-----:---~=-:~:~I~r~~~~_:~~=-~ E...:oo..~ • I •..a ". OPTIONAL VICES FOR AD ITlONAl FEES RtTURN ~1.Shows to whom and date delivered lS .With delivery to addressee only 6S¢A~ RECEIPT 2.Shows to whom,date and where delivered ..3S¢:7 SERVICES With delivery to addressee only 85¢ DELIVER TO ADDRESSEE ONLY :_SUi..- -sPECIAL D(LIVERY (2 pounds or less)4S¢ SENT TO POSTMARK _Dr.Stanley G.Hendry STREET ANO NO. 2015 William Penn Hi P.O.,STATE AND ZIP CODE Wilkinsbu I.. -+'111 ri1 .~ .D,'.~-~;(i ~ro,OJ~0 ~r-,»-L.{) rn (Y'"} 'I Q....>,Z p..t3:POD Form 3800 NO INSURANCE COVERAGE PROVIOEO-(See other side) H July 1969 NOT FOR INTERNATIONAL MAIL "GPO:'.6.0-35a-st2--------------------- I RE:STERED NO. I Value $Special $Delivery POSTMARK OF '. ReturnReceipt $ Restricted $Delivery /.Postage $C2.?":- j STMASTER (yFW eo-MAIL G r" • I• • \,j L" ..IN RE:S.l G.'WALKER ESTATE PROOFS OF PUBLICATION ..=t1-'-r::-::E::::o;u C-rl>rTlc: ~(f)<:2(f)rn:I:(J>(()-::;:-4n :..n C?-".,.-r';y _..-i ::::0 I -0c:)0 ~p ::xz""11 :. ~L;- t.-..J(:")~-O0:::::.-r-Z --orO -r::l>(J> LAw OFFICES PEACOCK,KELLER,YOHE &DAY EAST BEAU BUILDING 68-70 EAST BEAU STREET WASHINGTON.PA.15301 ---......... j In t4t Qtnun nf Qtnmmnn 'ltas -uf IInslJittgtnn Qtnunt!}. Jtnn.aylnnnin,~rp4nn.a 1 Qtuurt iitrl.ainn ,' ESTATE OF Samuel G.Walker.elk/a 3.G. No.63-71-840 In the matter ofthe~_---=T:..;e:.:;n:..;t:.:;h:......:.;a.:;:n:.;:,:d_F~in:.:;a:::;l;;.. t'lalker, Deceased. Account of Lorena W.Hendry Administratrix DBNCTA ADJUDICATION AND DECREE And now Janua,ry ;5 ,191!L,this matter came on for hearing, audit and distribution at this session and testimony taken;and thereupon,upon due consideration ,th~~of2af~he.rlance for distribution in the hands of the Accountant is determined to be $01.7~.c.and the 'account is accordingly confirmed;and it is ordered, adjudged and decreed that the said balance be paid out by the Accountant in accordance with ,the schedule of disribution hereto attached and made part hereof,unless exceptions hereto be filed sec.reg.or on oppeol be token herefrom sec.leg.(~~ tf SCHEDULE OF DISTRIBUTION Balance per account -------$81,293.24 Additional Credits ~Audit.18.oc 79,199.24· 75,199.24 73,199.24 71,199.24 66,199.24 25,178.88 2000.0C 2000.0C ~';;5000.oc James W.Walker,Jr.,per Order of Court of 9/20/73. Stanley G.Hendry,per Order of Court of 9/20/73.. Mary W.Lynn and Lorena W.Hendry,each a 1/2 interest~in U.S.Treasury Bond for $5000,00,4t %(1907-92)awarded in kind per Order of Court of 9/20/73. Advance distributions per Audit Petition.141020.~6 Balance'_ Deduct Clerk's Costs &Receipts _ Attorney Peacock,Keller,Yohe &Day Register of WillS,filing opinion and Decrees of Court. Eleanor Dulaney,per Order of Court of 9/20/734 2000.00 Lewise W.Craft,per Order of Courttof 9/20/73.4000.00 Mary W.Lynn,1/2 residue,per Order of Court of 9/20/73.12589.ltl 12,589.!llt- Lorena W.Hendry,1/2 residue,per Order of Court of 9/20/73.12589.1.11 No balance '.!.,"?.\\.. J " .~...' ~.- 0~~ lr :J n Yl- i 0' 0 .... ....c:::r (1) :J (1).... ....0 0 ~ t'\ ~ J~1 $ ..... ~ .... ::r. ar ~ = ., " 0 C)0?< == ..... z:....l c.. .... (">rl --....J :r ~.;:-0 ~ (1) :t::'1'~.~'~(...') ~. tio 0-~"',:;LL..-.;.. (J -- t...n ....J 0 _.J ex:l-~ lJ.l uJ (.~ f-:.::. %,..f)tl)- %:i c::I;:U)_.:r: ""'"':l :::>---<:>lJ) ~ --.::r-o:::W« ~ \..1- .,.....C:::EJ: r ..-.. .. c • IN THE COURT OF COMMON PLEAS OF WAS HINGTON C OONTY,PENNi. ORPHA NS I COURT DIVISION j SAMUEL G.WALKER,a/k/a TRANSCRIPT OF PROCEEDINGS • IN RE: ESTATE OF «z.~S.G'.WALKER, >-I/)z~Deceased. Do zoI-ClZ :I I/)«~ ) ) ) ) ) ) ) ) ) No.63-71-840 APPEARANCES: regard to the estate of Samuel G.Walker,also known as S.G. THE COURT: ~BEFORE:uii: l-I/) C .J« uC :J., :tl-I'- N !Iin:IIIIi:TIME:oDoIIIII: l-n: :JoU .J« uii:...o THE HONORABLE PAUL A.SIMMONS, Judge of the said Court. PEACOCK,KELLER,YOHE&DAY,ESQS., by Reed bay,of Washington,Pennsylvania, representing the Accountant. Thursday,October 25,1973,at 11:00 o'clock A.M. Now is the time and place for a hearing in Walker,deceased.This matter came on for audit on Friday, September 14,1973,at 10:00 o'clock,and at th~tLtime,Octobel 25 at 11 :00 o'clock,1973,was set for a hearing in regard to a certain matter which was raised in the estate of Samuel G. Walker,deceased.Would you please announce tqis out in the hani ? MR.ZERMANI:your Honor,I received rio r esponse. 2 THE COURT:Are any persons now.in the Courtroom interes ed in the estate of Samuel G.Walker,also known as S.G.Walker, deceased? \•THE COURT: (NO RESPONSE) Hearing no respons e,.the audit in this matter fully and accurately in the notes taken by me on the hearing of the above,.. "".'. accountant in this matter. of the Court that an Affidavit or Certification of Notitte will be - •I,,I"e j,,I', .', ~icia»StenOgraPher The foregotng record of t)J proceedings upon the hearing of (Proceedings Closed)'. Esquires,of Washington,Pennsylvania,'who represent the I hereby certify that the proceedings and evidence are containe is ordered closed,and an order heretofore entered in this case on September 20,1973,is'eonfirmed.It is the understanding filed in due cou rse by the firm of Peacock,Keller,Yohe &Day, and tha t this copy is a correc!lot transcript of the same . \In.,~..L ......:·c::i,I ~::..a u .t caus e, « z«>,..( >-Ul,Z Z III 0. i0I-0Z :t Ul«~ ..:..0-~itI- "Ul,C 1..(« U C::>.., .~,... N-..."Ulll:IIIl-ll:00.IIIll: l-ll:::>0u ..( 0( u'ii: ll.0 , r~ ,·• I ,.,, the above cause is hereby approved and directed to be filed. By the Court, ~~~Paul :A.Simmons,J.' -~....."'.".....-,~...'"'......'~","...."':" ., "•""I ,"••J • "j',"-,.. 'I(')j j:!lJ...'!'... ".1 : "-,'.I'j .....'1 I " •r 0'~ '"-..; -+:" c_ :'L:lo.--....-""-'~.f."-"ri"m·"".... f l '2: ~-). -I0, ~,' C':>o ..' .~_,) " I I'l'•"'".l·~ ." ,.,.1 " ,,-: ",'f ..4~.-.,1 !J...t,~4 J -'-f";t\~..f',.;';1 f "ir.-.~{,.~, t .'"'l-.",..t ......;t:,.,'\'..I'it ;.'',;,. '.r...,~~.t .,J ~··r.....'"\\ ,.o'',~...,J: t, :t~',.-''1 .'.t .."-''.'.'"-,,... ,,~, ".\ ",(j,....." " '.'." Exhibit "A" I ,,I I j 1 !,' .' , I "..••0"·. .' IN THE NAME OF GOD,'AMEN.I,S.'G.Walker,of West Pike 'Run Township,County of Washington and State of Pennsylvania being 0:~~~n~ mind and memory,do hereby make,pUblish and declare this to be my ~-Z~ Will and Testament,in manner and form following:Hereby revo~ng any will or wills heretofore made by me. FIRST:I direct all my just debts and funeral expenses be fully paid and satisfied,as soon as conveniently may be,after my decease• place sold and theproceedz divided equally among my grand-children, share and share alike.Should any of my grand-children at this time '-bution or at the time of the sale of the said property.. It is my wish and desire that my winter horne at Or:a~da, Flo~ida con~isting of hou~c and lot,togcther with thc two ad~oinin9 lots,together with such furniture and fixtures,household c_fccts that may DC in or about the said house~shall be kept and m~.n~~incd for: th~u&e of my wife and children and thoir families 'as long ~~i~~~th~, and any of the income unused shall be divi~ed at the final distri-5\.4;.1 be I Ideadleavinglawfulissue,the said issue shall take the share the paren~ would have if living.I dcsire that my Exccutors sha11 hold iro~out I, of my Estate the sum of Five Thousand ($5000.00)Dollar~to b~invested I Dy them,the'income thereof to be used to protect the said property in I the payment of taxes,repairs,insurance,et..:..'l'he prin!=ipal of the sai~ i It is my wish and desire that my home farm in West Pike Run Township,consisting of the Walker Homestead of Sixty-zeven (67)acres and that part of the Powell Farm between the two Creeks,together with all the h~usehold effects,furniture,carriages,buggies,or pleasure vehicles,that may be in or about the Homestead at my death shall be kept and mainta~ned by my Executors hereinafter ~arr.~d as a hOme for my wife and children during the life of my wife.From and after her death it is my wish that the place should be kept and maintained for the use of my children or such o~them that desire to make an abiding pl~ce there.At the death of'the last of all of my children,I direct the II III I IIIi'IIiIiI' II:I j IfI, I IiI:IIIi 'I '-I:I 1 1 I " II IIII I''II,'III J •i ." " wish of my wife that it so shall be kept.And in the opinion of my Executors it is to the best interest of my family and my estate that it shall so be kept And I direct my Executors to pay the taxes on the said property ~nd to keep up necessary repairs out of such funds that may come into their hands,and then it becomes the wish of my wife,and in the opinion of my Executors,it is to the interest of my estate,I direc my Executors to sell the said property at public or private sale and mak the lawful deed of'conveyance for the same and divide the proceeds in accordance with the division of the residue of my estate. It is my wish that my Orange Groves in Florida shall be ~ept as long as,in the opinion of my Executors,they are profitable and when they cease to become profitable,or when in the opinion of my Executors it is to the best interest of my estate,they shall sell the said Groves It is my wish that my friend Louis M.Cleaver,-who now ·has charge of the said Groves shall be allowed by my Executors,to continue in charge un~ by old age,sickness,or other reasons,he may become incapacitated, at such time,if.he should be in need of the comforts or necessities of life it is my desire that my Executors shall supply them from my estate• To my Executors hereinafter named,I give full power and auth- ority to sell whenever in their opinion it is for the best interest of my estate,any portion of or all my real or personal estate,excepting that hereinbefore mentioned at public or private sale,upon such terms as to them may seem proper and upon sale of any of the said property,to give good and lawful deeds of conveyance for the same,to collect all rents,dividends and profits from said estate.To manage my property, to operate and to work any coal I may now have or have power to lease the said coal on a royalty. I direct the sum of Two Thousand ($2000.00)Dollars to be set aside by my Executors to be paid by them for the schooling and education of my son Bertram K. I direct the sum of Two Thousand ($2000.00)Dollars to be set. aside and paid by them for the schooling and education of my daughter Lorena M. I direct the sum of Two Thousand ($2000.00)Dollars to be set aside and paid by them for the schooling and education of my daughter Mary Irene Galey I authorize and direct my Executors to hold in their hands at all times sufficient funds for the payment of taxes and necessary repair on any real estate belonging to my Estate and for the pro~ection of my wishes regarding Louis M.Cleaver. And'I direct that all the balance and residue of my estate and the balance of the proceeds from the sale.of my personal and real estate shall be divided among my wife and children or the lawful issue of any of my children that may be dead at my death in accordance with the laws governing the estate of intestates.An~the portion my wife receives shall be in lieu of all other dower and the portion or portions inheritc .~ by any minor child shall remain in the hands of my Executors to be invested by them for such minor child's benefit until the said child arrives at the age of twenty-one years. I do ~ereby make,constitute and appoint my sons,James W. Walker and'L.G.Walker and Samuel E.Taylor,of Brownsville,Pa.,to be Executors of this my Last Will and Testament. I' II ,",' t :. \, ,.r ' .!'~• ,'.~'. .\ " ,, J \, COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA. ORPHANS'COURT DIVISION IN RE: ESTATE OF SAMUEL G. WALKER,DECEASED ( ( ( ( No.840 of 19m DECHEE On the 27th day of September,19'":1,at 10:00 o'clock a.m.the Petitioner,Mrs.Lorena W.i-IenGry,Admi111sb.~.:.tri:~d.b.n.c.t.a.of the Estate of Samuel G."ValkE;!',deccased.~~Lld Mary W.Lynn,also known as Mary Irene Galey Walker,::!~;peared ~e:'O!'e this Court and submitted proofs of publication in the Washington County Reports and 'me Observer Publishing Company in accorda~i;cewith the Order 01.C,:;urt madE:the 18th day of Aug'''st A D 10":,""a""c'",'u.,·:,1..,''''r SUh~""l·,r'·.,,'0 __•.·r)J-s of c<·"'t:fl·ed mail from.~"'"••••V '.Ii..iI..&.....l ("",;"......._':".;'.l..~\I"o_\..l.."'...'_......._.....4.~...J,. the parties in interest livinc in the United States of America and a receipt of register'cd muil by the p~.r-~y in ~~1L':1'2:st livinr:,_.n Taipei,Taiwan in which the Decree of this Court toge'~:aer ·;'i..th a copy 0:Li(;Petition presented in said proceedings was enclcsed;and, IT FURTHER APPEARING TO THE CC ,:.:\1'that upon testimony of said \vitnesse:3 and testimo~'1Y of a ci.;'!'uterested ,;;;x-pert witness that the price reE~.~".~I:...,)n.:;and conditio:!1£contained in pc:...:-. ,_....~-....,.....'" .:xceptions, :If title,all ..::3.and payments upc'~.:(..~~se dn.ted Lc.~:.z....."-.:;ndry,Administ:catrL:::.,;,_.' ux..'../~_::":air and reasonable p:...- the..~OLd be obtained a~public sc..:.....~''-. IT FURTHER APPEARINu .'~. ~~'cd _.'1~O between .J~"Y.Jr.#et ....Letter price :....lCome frorn roms set aside by the said Samuel G.Walker in his said vVill was insufficient to pay real estate taxes,insurance,repair and maintenance bills and that the surviving children of the said Samuel G.Walker are no longer able to maintain said premises,and, IT FURTHER APPEAHING TO THE COURT that the sum of Forty Thousand and noll 00 ($40,000.00)Dollars to be allotted to the sale of the Walker homestead and that part of the Powell farm between the two creeks and the sum of Twenty Thousand and noll 00 ($20,000.00)Dollars be allotted to the remaining real esta.te included within the terms of said petition is an equitable;just and fair distribution of the proceeds of the sale of the real estate involved, No.W THEREFORE,it is hereby ordered,adjudged and decreed: 1..That the sale of the within property in accordance with the terms of the private sale proposed in said petition be approved. 2.That Lorena vV.Hendry,Administratrix d.b.n.c.t.a.,be and she is hereby authorized,empowered and directed to make,execute and deliver unto the said John Kosky,Jr.and Madeline Kosky,his wife,.a special warranty deed in fee simple for said premises subject to the exceptions and reservations as are set forth andlor referred to therein and herein and subject to any easements which may appear upon said premises. 3.That she be directed to payout of the proceeds of this sale attorneys'fees at five per cent of the sale price of the real property involved herein,as well as record,advertising.etc.costs,which have accrued in the amount of One Hundred Fifty-two and 68/100 ($152.68)i Dollars,plus such additional costs as may accrue and may be necessary and proper to complete the record in this proceeding and t:cansfe .::-of said title. 4.That she be directed to distribute to those entitled thereto the sum of Twenty Thousand and noll00 ($20,000.00)Dollars,less one -third -2 - .....-------.----------------------_._---------.' of the expenses and fees as referred to in par:J.graph 3 hereof. 5.That she invest the sum of Forty Thousand and no/100 ~40,000.00)Dollars,less two-thirds of the costs and attorneys'fees as set forth in paragraph 3 hereof in an appropriate man11cr,until the further Order of ~his Court. BY THE COURT ....l.:;:.s~/_P-:.._v..;,..L..•..;;;.M;.:;;a;;;.;r:;.::;;i=no~J. A'l"l'.l!:S'l': A true oopY from the Reoord~ ~.~ Reg.of Wills and Clerk C.C .. -3-