HomeMy WebLinkAbout04-0467THOMAS I. MYERS
HORACE A. JOHNSON
JERKY R. DUFFLE
C. ROY WEIDNER, JR.
EDMUND G. MYERS
JAMES A. JOHNSON
DAVID W. DELUCE
LAW OFFICES
MYERS, JOHNSON, DUFFIE g WEIDNER
THIRD ~ MARKET STREETS
P, O. BOX lOO
LEMOYNE, PENNSYLVANIA 17043~010D
TELEPHONE 717-761-4540
May 15, 1986
MYERS 8 MYERS
(1921-1955)
MYEI~, MYERS 8 FLOWER
(195,5 ~ 1968)
MYERS, MYERS, FLOWER 8, JOHNSON
(1968 ~ 1985)
Mary C. Lewis, Register of Wills
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Re: Matter of Nathan Foster Brechbiel, Deceased
Dear Mary:
I am enclosing herewith a copy of a letter forwarded to J. T. Kimbrough,
Esquire, the attorney for the Estate of Nathan Foster Brechbiel, Deceased. You
will note that I have forwarded to him the Pennsylvania Nonresident Inheritance
Reporting Instructions. Basically, the personal representative of the deceased can
file a Nonresident Transfer Inheritance Tax form directly with the Pennsylvania
Department of Revenue. After the form is filed and the inheritance tax is paid,
the Pennsylvania Department of Revenue will forward to your office a copy of the
tax receipt, a copy of the Official Notice of Inheritance Tax Appraisement,
Allowance or Disallowance of Deductions, and Assessment of Tax, and a property
description. When your office is receipt of that information it should be docketed
as evidence that the applicable Pennsylvania Inheritance Tax was paid with
respect to the subject real estate. I am advised by the Pennsylvania Department
of Revenue that the file is assigned a "99,, number instead of a "21" number.
While this is going on, the Texas attorney may elect to initiate ancillary
administration with respect to the Pennsylvania real estate. Obviously, if this is
done, then the information forwarded by the Pennsylvania Department of Revenue
will be included within that estate file.
In the mean time, I would suggest that you retain a copy of the certified
copy of Order Admitting Will to Probate as a Muniment of Title and return the
original together with the check in the amount of $19.00 to Mr. Kimbrough. I
would open a "information file" with respect to the matter pending further action.
If you have questions or concerns, please give me a call.
Very truly yours,
JRD:ejh
Enclosure
MYERS, JOHNSON, DUFFIE & WEIDNER
THOMAS I. MYERS
HORACE A. JOHNSON
JERRY R. DUFFLE
C. ROY WEIDNER, JR.
EDMUND O. MYERS
JAMES A. JOHNSON
DAVID W. DELUCE
LAW OFFICES
MYERS, JOHNSON, DUFFLE 8 WEIDNER
THIRD ~ MARKET STREET8
P. O. BOX 109
LEMOYNE, PENNSYLVANIA 17043-O100
TELEPHONE ?17-761-4540
May 15, 1986
COPY
MYERS 8 MYERS
(1921-1955}
MYERS, MYERS 8 FLOWER
(1955-1968)
MYER.S, MYERS, FLOWER. ~ JOHNSON
(~968-1985)
J. T. Kimbrough, Esquire
West, Warner & Kimbrough
P.O. Box 536
Beeville, Texas 78102
Re: Estate of Nathan Foster Breehbiel, Deceased
Dear Mr. Kimbrough:
Your letter dated April 11, 1986, addressed to the Registrar of Wills,
Cumberland County Courthouse, has been referred to me for reply. I am the
Solicitor for the Register of Wills.
It is not clear to me why the Order Admitting Will to Probate as a Muniment
of Title together with the Certificate of the Clerk of the County Court has been
submitted to the Register of Wills office for filing. Typically, where a
nonresident estate involves Pennsylvania real estate the fiduciary of the estate
must comply with the Pennsylvania Nonresident Inheritance Reporting Instructions.
I am enclosing herewith a copy of those instructions. After the nonresidence
inheritance tax return is filed, any applicable Pennsylvania Inheritance Tax paid
the Pennsylvania Department of Revenue will forward evidence that the tax has
been paid to the Cumberland County Register of Wills.. It is advisable to initiate
ancillary administration in Cumberland County so that when the Pennsylvania
lnho~itanee tax is paid the real estate can be conveyed, during administ2ation, or
decree awarding real estate can be approved by the court and recorded in the
Office of the Recorder of Deeds.
! would suggest that you contact a Pennsylvania attorney to handle the
ancillary administration in the matter. The local attorney can advise you as to
the requirements to admit a,foreign will to probate in this Commonwealth.
If the Pennsylvania Inheritance Taxes are not paid, they become a lien
against the Pennsylvania real estate. Accordingly, it is advisable to take
whatever steps are necessary to insure that the inheritance taxes are paid.
I have directed the Register of Wills office to simply open a file (not an
estate file) with respect to the matter pending further correspondence from you.
Very truly yours,
MYERS, JOHNSON, DUFFIE & WEIDNER
JRD:ejh
cc: Mary C. Lewis, Register of Wills
Jerry R. Duffie
JOHN R. WElT
FRANK W. WARNER
JAY T. KIMBROUGH
April 11, 1986
ATTORNEYS AT LAW
P.O. BOX
BEEVIL. LE. TEXA~ T810~
B 12/S58-~5 I0
Cumberland County Court' House
Registrar of Wills
Hanover & Hugh Streets
Carlisle, Pennsylvania 17013
Re: Order Admitting Will to Probate As A Muniment OF Title Filed
by June Louise Brechbiel in the estate of Nathan Foster
Brechbiel, Deceased
Enclosed please find a certified copy of the Order Admitting Will
To Probate As A Muniment Of Title and our check number 5597 in
the amount of $19.00 for recording fees, Please return this
document to us at the above address after completion of your
services.
Thank you for your assistance in this matter.
if you have any questions.
Please contact me
Sincerely,
JAY T. 'KIMBROUGH
/dr
encl
#4568
ESTATE OF
NATHAN FOSTER BRECHBIEL,'
DECEASED
ORDER ADMITTING WILL
TO PROBATE AS A MUN~MENT OF TITLE
IN THE COUNTY COURT
OF
BEE COUNTY, TEXAS
On this day came on to be heard the Application for
Probate of Will as a Muniment of Title filed by JUNE LOUISE
BRECHBIEL in the estate of NATHAN FOSTER BRECHBIEL, Deceased.
The Court heard the evidence and reviewed the Will and
other documents filed herein and finds that the allegations
contained in the Application are true; that notice that Decedent
is dead; that four years have not elapsed since the date of
Decedent's death; that this Court has jurisdiction and venue of
the Decedent's estate; that Decedent left a Will dated OCTOBER
26, 1985., executed with the formalities and solemnities and under
the circumstances required'by law to make it a valid Will; that
on such date Decedent had attained the age of 18 years and was of
sound mind; that such Will was not revoked by Decedent; that no
objection to or contest of the probate of such Will has been
filed; that all the necessary proof required for the probate of
such Will has been made; that such Will is entitled to probate;
that there are no unpaid.debts owing by the Estate of Decedent
other than those secured by liens on real estate; and that there
is no necessity for administration of such Estate.
The Court finds and it is ORDERED and DECREED by the
Court that the names and places of residence of the heirs of
Decedent and their respective shares and interest in the real and
personal property of Decedent are as follows:
NAME &_ .PLACE O__F RESIDENCE
JUNE LOUISE BRECHBIEL
P.O. BOX 4085
BEEVILLE, TEXAS 78102
SHARE & DESCRIPTION OF ~EAL PROPERTY
100% SEE ATTACHED EXHIBIT "A"
100% SEE ATTACHED EXHIBIT "B"
100% SEE ATTACHED EXHIBIT "C"
~H.ARE O__F PERSONAL PROPERTY
100%
It is ORDERED that such Will is admitted to probate as a
Muniment of Title only, and the Clerk of this Court is ORDERED to
record the Will, together with the Application, in the Minutes of
this Court, and this Order shall constitute sufficient legal
authority to all persons owing' any money, having custody of any
property, or acting as registrar or transfer agent, for payment
sons e .
SIGNED this ~'-- day of 1986.
Jay T. Kimbrough
Attorney for Applicant
P.O. Box 536
Beeville, TX 78104
512/358-4530
Bar Card %11424800
Judge Presiding ~ ' ~
EXHIBIT "A"
LOt 17 of Majestic Suwannee River Oaks Subdivision, as
described in DR BK 33, Page 99, Mayo, Lafayette County,
Florida.
EXHIBI? "B"
Being a tract of land containing 10.19 acres out of that called 168.65
acre 2nd ~rac~ descrLbed in a conveyance by W. H. Hewn et ux to Dr.
John D. Kinsee ux by deed dated October 15, 1969, recorded in Volume
259, Page 431 of the Deed Records of Bee County, Texas and also being
out of the Jose Haria Uranga Grant, A-68.
Said 10.19 acre tract being situated about 5 miles Northeast of the
Town of Beeville, Bee County, Texas and is more particularly described
by metes and bounds, to-wit:
Beginning at a % inch iron rod set for the North coFner of this tract,
said point being in the Northeast boundary of said 168.65 acre tract
and in the Southwest boundary of a County.road, whence a point being
the North corner of said 168.65 acre 'tract bears N 45 deg. 36' 18"
W 1734.91 feet;
Thence S 45 deg. 36' 18" E along the common boundary of said 168.65
acre tract and said County road, at 501.34 feet a % inch iron rod
set for the East corner of this tract;
Thence S 48 deg..35' 00" W at 857.27 feet pass a ½ inch iron rod set
in the Northeast boundary of a 60' road, at 877.35 feet in all a point
for the South corner of this tract, said point being in the centerline
of said 60' road;
Thence N 45 deg. 37' 49" W along said centerline, at 501.36 feet a
point for the West corner of this tract;
Thence N 48 deg. 35' 00" E at 30.08 feet pass a % inch iron rod set
in the Northeast boundary of said road; at 887.57 feet in all the
place of beginning and containing 10.19 acres of land, along with
and subject of a 10' utility easement along the Northeast boundary
of the above described tract.
EXHIBIT "C# .
ALL that certain .farm composed of ~vo tract&', s~tuate in
Hopewe11 Township, Cumberland County, Pennsylvania, bounded and described as
follovs:
Tract No. 1: BEGINNING at a point or post on bank of Creak; thence North
sixty (60) dasreas Vest, savant?-four (74) perches to a black oak stump, Norc~
eiShCy-£our and ~rli-fovcChl (84-3/4) desree~ Vast, thir~-chree and nine-
ten~e (33.9) per~e~ to a stone~ thence North forty-three ~d one-~ourth
(~3.1/&) de~ees W~st, ~nty ~d f~ve~ten~s (20.5) perches to a l~mestone;
thence North th~rty-two (32) de,reel Vast, ~rty-~ and one-tenth (32.1)
perches to a po~nt at r~ thence do~ the run its various courses and
dist~ces =o a pain= ~n line of Dice H~cock~' thence by aa~d land South Ii[ay
f~ve ~d one-half (3~-1/1) de~reas EasC ten (10) pezches to a post; thence by
the sa~ South n~nety (90) de,reel East e~h~-~o ~d f~ve-tenthe (82.5)
perches Co a Gum; thence South f~f~-three (53) de~ree8 East, thirty-tvs and
five-~nchs (32.5) perches Co a rhine oak; chance Sou~h seventy-six (76)
de~rees East, chir~y-~hree (33) perches ~o a po8~ in middle of creek; thence
Sou~h ~en~y-five (25) desreeo Weal, ~hree (3) perches co a post; ~hence
South ~ency-six (26) desrees East seven and chree-~en~hs (7,3) perches Co a
post; chance Sou~h for~y and one-fourth (I0-1/6) de,reel West fifty-seven
(57) per.es ~o a pooC; ~hence Sou~h eish~y-~o (82) de~rees Wes~ ~hircy-chre(
(33) perches Co a pos~, the place of BEGI~ING. ~NTAIN~G Six~y-Six (66)
Tract No. 2: BEGinNInG at a stone in public road in line of Noah Venser and
William Baker; thence by said road. South one hundred seven (107) feet to the
run in corner of said Baker and Samuel Piper; thence dovn the run
various courses and d~s~ces ~o a pOi~ in ~ine of Kohn and C~pp~nger;
~hence by land o~ oaid Cl~ppinser Wes~ seventy (70) fee~ ~o a po~n~; ~hence
South ~o h~dred ~or~y-~our and one-hal~ (2~4-1/2) feeC ~o a s~one
sa~d Wen~er; ~hence by same ~o hundred ~or~y-one (24~) ~ee~ ~o a
chance by same l~do ~o h~dred f~f~y;n~ne (259) ~ee~ ~o a s~one; chance by
sam l~ds three h~dred ~en (310) feeC Co a po~n~; ~hence by sam ~hree
h~dred (300) fee~ Co a poin~, the place of BEGI~INO. CONTAIN!N~ ~ree (3)
Accel~ ~re or le~l,
BEING the same vhich Alice N. Nevcomer, vidov and sin$1e roman, by her deed
dated October 28, 1955, and recorded in the Office of the Recorder of Deeds
and for Cumberland County, Pennsylvaniae in Dasd Book 'Z'", Volume 16, Pass 347
conveyed Co the Seller herein. '
FILED APRIL 4, 1986, JULIA V. TORRES COUNTY CLERK, BEE COUNTY
BY HELEN H. GAYLE, DEPUTY.
..j
C E RT.I F I C A T E
STATE OF TEXAS ][
COUNTY OF BEE ][
I, JULIA V. TORRES, CLERK OF THE COUNTY COURT OF BEE COUNTY, STATE
OF TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AND FOREGOING FIVE (5)
PAGES OF PROBATE MATTER CONTAIN A TRUE AND CORRECT COPY OF: '
ORDER ADMITTING WILL TO PROBATE AS A MUNIHENT OF TITLE
IN CAUSE NO. 5226
STYLED: IN THE MATTER OF THE ESTATE OF NATHAN FOSTER BRECHBIEL, DECEASED
AS THE SAME IS TAKEN FROM THE ORIGINAL INSTRUMENTS FILED WITH SAID PROBATE
PAPERS IN SAID CAUSE.
TO CERTIFY WHICH, WITNESS my hand and official seal of office at
BEEVILLE, TEXAS, this the .4. day of APRIL , A.D.,
1986.
JULIA V. TORRES,.CLERK
COUNTY COURT, BEE COUNTY, TEXAS
Helen M. , Deputy