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HomeMy WebLinkAbout02-04-80 -11II IN RE: ESTATE OF IN THE COURT OF CO~~ON PLEAS OF CU~BERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ARTHUR BOWERMASTER NO. 21-78-661 ORDER OF COURT AND NOW, February 4, 1980, upon consideration of the petition and after hearing held this date, the court finds that sale of the real estate of the decedent is necessary for the proper administration of the Estate, and therefore, Retha M. Bowermaster and Carolyn Vaughn, co-executrices of the Estate of Arthur Bowermaster, are authorized to sell the real estate of the decedent situate in South Newton Township, Cumberland County, Pennsylvania, at either a private or public sale. This order is made pursuant to the Act of June 30, 1972, P.L. 508, as amended, 20 Pa. C.S.A. 3353. By the Court, 1/ a.---J. E, J~ H rold E. Sheely, J. ... Sally J. Winder, Esquire For the Petitioners Lynn A. Briggs, Esquire Court-appointed for Minor :bn . )' 'I' n, t~....\ .... u, f.'{IL;(" ,,'j ..A....~ IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF CUHBERLAND COUNTY, PENNSYLVANIA ORHPANS' COURT DIVISION ARTHUR BOWEm~STER NO. 21-78-661 ORDER OF COURT AND NOW, January 18, 1980. pursuant to the attached petition, the court sets a hearing for Monday, February 4, 1980, at 1:30 p.m. in Court Room No.2. Since the residuary estate, of which the real estate herein involved was a part, was devised to a ruinor, the court appoints Lynn A. Briggs, Esquire, guardian ad litem, to represent the interest of the minor at the above hearing and in addition, said guardian shall receive fraIn the co-executrices for examination and approval, a copy of the First and Final Account when filed, on behalf of the minor, Alice Catherine Saphore. The costs of the above guardian ad litem to be paid from the estate unless otherwise directed by the court. By the Court, - C. Harold E. Sheely, Lynn A. Briggs, Esquire guardian ad litem {!~ "-....c L /7t..<t--Zc/Gt:.-Z- /_/.f"-J?'o :pbf b..!..:\ :1 U i 1:\L.~l~.~ '. . IN RE: ESTATE OF ARTHUR BOWERMASTER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE NO. 21-78-661 PETITION FOR PUBLIC SALE OF REAL PROPERTY TO THE HONORABLE, THE JUDGES OF SAID COURT: Come now, your Petitioners, Retha M. Bowermaster and Carolyn Vaughn, Co-executrices of the Estate of Arthur Bowermaster, by and through their counsel, McCrea & Davis, and represent as follows: 1. The decedent, Arthur Bowermaster, late of South Newton Township, Cumberland County, Pennsylvania, died testate November 17, 1978, letters testa- mentary having been granted to your Petitioners on December 7, 1978. 2. The Petitioners are prohibited from selling real estate pursuant to ITEM III of the Last Will and Testament of Arthur Bowermaster, a copy of which is attached hereto and marked Exhibit "A". 3. An inventory and appraisement were filed with the Register of Wills Office, Cumberland County, Pennsylvania, on January 14, 1980, copies of which are marked Exhibit "B" and attached hereto. 4. The Petitioners-Executrices have not entered bond with the Register of Wills nor are they required to under ITEM V of the Will. 5. The sole party in interest and beneficiary under the terms of the Will is a minor child, Alice Catherine Saphore, who is entitled to distribution of the entire estate to be held in trust until she attains the age of eighteen. 6. The real estate which Petitioners desire to sell is a three and one- Mcl::REA & DAVIS ATTORNEYS AT LAW NEWVILLE.. SHIPPENSBURG PENNA. half acre tract situate in South Newton Township, Cumberland County, Pennsyl- vania, as more full described in Cumberland County Deed Book "U", Volume 12, Page 445, to-wit: '" ,~...", 'j ~c : I (. ~f (l it U...l...;\ A..,;-' f l.::~,:~ E 6 BEGINNING at a point marked by a stake on the public highway locally known as the Pine Grove Road, a corner of lands of William J. Neron, Dunlap and Mrs. Meyers; thence in a North- westerly direction by the centerline of said Pine Grove Road and lands of William J. Neron, adjoining on the East side of said road, two hundred eighty-nine (289) feet to a stake in the line of other lands of Elmer Bowermaster; thence in a Southwesterly direction by said other lands of Elmer Bower- master, eight hundred eleven (811) feet to a point marked by a stake in the line of lands of Pat Brannon; thence in a South- easterly direction by said Brannon lands, two hundred eighty- nine (289) feet to a point marked by a stake corner of the property hereby conveyed and lands of Mrs. Meyers and Pat Brannon; thence by said Meyers land in a Northeasterly direc- tion, eight hundred eleven (811) feet to the place of BEGINNING. This property is improved with a house which is presently unoccupied. 7. The subject premises were listed for Sheriff's sale in October 1979, however, that sale was stayed upon payment of the 1976 taxes, twenty-five percent of the remaining 1977 and 1978 taxes, and execution by Petitioners of an Agreement of to make installment payments of the balance. 8. To the date of filing this Petition, all real estate taxes assessed for the year of 1979 remain due and unpaid, the assessment being $2,780.00. 9. That there exist outstanding debts of the Estate which cannot be paid due to a lack of any funds at present. The total debts claimed are more fully set forth in the Schedule of Debts and Deductions filed with the Register of Wills, a copy of which is marked Exhibit "c" and attached hereto. 10. The sole asset of the Estate remaining in the possession of the Executrices is the above described real estate. 11. The said real estate has been appraised by a duly licensed real estate broker at a value of Fourteen Thousand ($14,000.00) Dollars for the McGREA & DAVIS ATTDRNEYS AT LAW NEWVILLE & SHIPPEN58URG PENNA. entire lot or Four Thousand ($4,000.00) Dollars per acre as set forth in the appraisal, a copy of which is marked Exhibit "D" and attached hereto. WHEREFORE, Petitioners pray this Honorable Court order the within describ d tJ...\ iO} d,CE 7 - 2 - I' I real estate to be sold at public sale for the purpose of providing funds for the orderly administration of the Estate of Arthur Bowermaster. Respectfully submitted, McCREA & DAVIS By: MCCREA & DAVIS ATTDRNEYS AT LAW NEWVILLE & SHIPPENSBURG PENNA. I.'!' i ~J-" J ...V...\ A..' ( i.l:i[[ 8 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND CAROLYN VAUGHN, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition for Public Sale of Real Property are true and correct to the best of her knowledge, information and belief. , .~ . . I '. t. ,';",'~'. 11011;" ,_',\v _!"...... ..- "",:.. .: {\ I'! ',~ / <.'- -', . ,.....'1( \., \i ,t ..... ... ~ ". .: ...~../. ~-;:,worn '-(..0.anq subs . ....,-) . .... '-."...'" -.< >'- : c:> . c. /:; '/!f!. =<a'UC.; ,'>....c : . (.j . .'. Q~ J...:,u'!- ~ ";~"'- ~...'" - " ....' " ..':,- l': <~:./ \' -:- .: " I'! S .,\,~ ~ ..'. , (\- .' ) C'), i~ } CV'-..A<-..kr ' . L / Q..-<.'-''''' .ivv........ Ca olyn Vaughn (j me this , 1980. ", . .,' Notar Pu lic ,'SUSAN J. HOVETTE , Notary Public Newville, Cumb.?rlo d Co., Pa. My Commission Expires Se~t. 6, 1982 " ' -t pol 'I',:!~ tv"n ....~J t liL:i-' 9 , . IN RE: ESTATE OF ARTHUR BOWERMASTER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE NO. 21-78-661 ORDER OF COURT AND NOW, this day of January, 1980, upon consideration of the within Petition for Public Sale of Real Estate and the motion of Sally J. Winder, Esquire, Attorney for the Estate of Arthur Bowermaster, deceased, the Court finds the following: 1. The facts contained in the within Petition are true and correct as set forth in the various documents filed with the Register of Wills in connec- tion with the above-captioned Estate. 2. There are sufficient facts of record showing the necessity to sell real estate in order to;~ay debts of the Estate which cannot otherwise be paid. It is hereby ordered, decreed and adjudged, therefore, that the subject real estate be sold at public sale after appropriate advertisement of the proposed sale. By the Conrt, P.J. McCREA & DAVIS ATTORNEYS AT LAW NEWVILLE & SHIPPENSBURG PEN NA. IN RE: ESTATE OF ARTHUR BOWERMASTER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE NO. 21-78-661 ORDER OF COURT AND NOW, this day of , 1980, after consideration of the within Petition and upon motion of Sally J. Winder, Esquire, Attorney for the Estate of Arthur Bowermaster, a hearing upon the within Petition is set for , the day of , 1980, at o'clock .m. in Courtroom No. -' of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, P.J. MCCREA & DAVIS ATTORNEYS AT LAW NEWVILLE & SHIPPENS8URB PENNA. J,. -4,_'._.........,.,......~_,,..__--...,,.,., ~. ""--" _.....,~....'..-.,"-_.'...;.,1"...... I LAST WILL AND TESTAMENT I, ARI'HUR BOWERMAS'I'ER,of South Newton Township, Cumberland County, Pennsylvania, being of sound mind and merrory, do mke, declare and publ i;.-;h this to be my Last will and Testa.IQ"nt and revoke any Will or Codici 1 previously made by me. ITEM 1. - I direct that all my just debts and flmeral expenses, including my gravemarker and all expenses of my last illness, shall be paid from my residuary estate as soon as practicable after my decease as a [Xll-t of the expense of the administration of my estate. I'lTEM 11.- I <Jive, devise and lXX1UC.,ath dl1 of my estate of every n,ll:lllI', real ilnd IX'I-c.;onal, iln<l wh(~rC'V('r situate' to my qr(\lt-nic'c(', Alic(' (',lll1('lil1l' Saphore, her heirs and assigns. ITEM III. - Should any person entitled to a share of my estate be a minor at the tine for distribution to her or him, I hereby appoint H.etha M. Bowermaster and Carolyn Vaughn as Trustees to hold all such property, Ii': TRUST, for the benefit of such minor so c.nti t1 ed, to hold, managc~ and distribute together with the incorre acclITnulahx] thc'refrom to providc' for the support or education, without further responsibility to such minor, to such minor or his or her parents or to that person taking care of such minor. Any income and the principal not so applied shall tx" distributed to such minor absolutely when he or she attains the aGe of eighteen years; proviCkx] that all re,l] prop'rty fklSSllK) to A]io' ClUll'l-irK' Sdphon' lUldl" till' 11'1111.,01 this Will as set forth in I'rEM II should not tK' sold by the TrTLsLe(':-> rkHlK,j herein and shall be held in trust for Alice Catherine Saphore until she attains majority at which time such trust shall tenninate. ITE IV. - I hereby nominate and appoi nt Eetha M. Ibwermaster and Carolyn Vaughn Executrices of this my Last Wi]]. I'I'EM V. - 1 <Ii n'ct that my Exccutricc's or- 'I'rllst, 'e~s or tIK'i r- ~;ll(,(,< '~;~;()l-:, shall not be required to give bond for thE: faithful pprformancc of thci 1- duties in any jurisdiction. McCREA & DAVIS ATTORNEYS AT LAW NEWVillE & SHIPPENSBURG PEN NA. IN WITNESS Wf-JERF..oP, I hereby set my hand and seal to this my Last hl11 EXHIBIT "A" ./I! , , ~ . and Testanent written on three sheets of paper, dated this' \7/-,-'(~ day of April, 1978. '---.. l I.r' " ''7'/'' . .' //' <" r 1..._"/.1.1', ':"',1, /';"/.:.~ ~7f-.:I";~-rL( r ,- . " ---..........---'----', L' .. (SEAL) This instrurrent was by the Testator, Arthur Bowennaster, on the date hereof, signed, published and declared by him to be his Last Will and Testa- rrent, in our presence, who at his request and in his presence and in the presence of each other, we believing him to be of sound and disposing mind and rrerrory, have hereunto subscribed our nanes as wi tnesses. (J '.' ) { (I (I v ~i:.~_J L/!.L~Lj________________ ,;' ../-;- !II .' -....!__.~-~~_.."-""'-.__._-_._--- McCREA & DAVIS ATTORNEYS AT LAW NEWVILLE & 5HIPPENSBURG PENNA. '_"___~___"'_ _1- f' f I OJ.MrvDMVEALTH OF PENNSYLVANIA .. .. ss I, Arthur Bowermaster, the testator whose narre I I ! i :~ :i:rohe:th:~::j I OJUNTY OF CUMBERlAND instrurrent, having been duly qualified according to that I signed and executed the instrument as my Last Will; that I signed it willingly; arrl that I signed it as my free and voluntary act for the purposes therein expressed. ,-I /' ----..., l (.-i'V (.;/) '(1 i' i l. p' I ~nLr"i A(i./f Sworn or affinred to and acknowledged before Ire, by Arthllr Bowennaster, the Testator, this )I-'{ day of April, 1978. / 1 ),.,..J Notary Public My Cornu. expires: I i( t. i / i ' ;.' '.. , .I) l' ~ / J COMMJNWEAL'lli OF PENNSYLVANIA.. .. ss COUNTY OF CUMBERLAND We, (,' i '. /, . and the witnesses whose n~s are signed to the foregoing instrurrent, being duly qualified according to law, do depose and say that we were present and saw testator sign and execute the instrument as his LAST WILL; that he signed willingly and that he executed it as his free and voluntary act for th~ I i I I pruposes therein expressed; that each of us in the hearing and sight of the testator signed the Will as witnesses; and that to the best of our knowledge the testator was at that tine eighteen (18) or ITDre years of age and of sound mind and under no constraint or undue influence. ~=)lij'J)10(i,lil L[. ,( ,,;" McCREA & DAVIS Sworn or affinreq to and subscr~bed before Ire by I J i ,/ .J, ", l~j,,,,'J d~~ of AP~~1/1978.witnesses, .I J and this ATTORNEYS AT LAW NEWVILLE & SHIPPENSBURG PENNA. , .i " j , NotaryPubllC My Camm. expires: "\ i ! /1 .i;-- ". ...-:.; ,,' Inventory of the real and personal estate of " Arthur Bowermaster deeea.ed. Real estate, 3 1/2 acre tract in South Newton Township, Cumberland County, Pennsylvania, improved with dwelling house. Deed from Elmer G. Bowermaster, et ux to Arthur Bowermaster recorded in Cumberland County Recorder of Deeds office, Deed Book ~lLh Volume feZ Page 14~ . Fair market value appraisal by K.M. Hal~,.. real estate broker .............................. .'. . . . . . . . . . . . 4 automobiles, none in running condition, all junk and sold as such, total proceeds ................................. ..... ..., TOTAL EXHIBIT "B" ", 14,000 00 100 00 14,000 00 ...~ .--._~"....~ 0 ,~,----,~....-- .._--.... .. .,- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND i J 55: Retha M. Bowermaster and Carolyn J. Vaughn being duly sworn _____ according to law, deposeK and sa'f' thatt heY are the co- ____ __~>Cecutrice~ _________ ___ _ _ __ _ _ of the Estate of Arthur Bowermaster late of ___~~u_~_~ Newton Township C bid C P d d d h h , , ------, um er an ounty, a., ecease an t at t e within is an inventory made by _.Retha Bowermaster, Caro..lyIL Vaughn _, the said AYAcmt:ricAR of the entire estate of said decedent, consisting of all the personal propdrty and real estate, except real estate outside the Commonwealth of Pennsylvania, and that the figures opposite each item of the Inventory represent it's fair value as of the date of decedent's death. " )l x:...J-u.J---('rLN\ / and subscribed before me, I J 1j/ e~UL-?l~ UCUAru.v aI t1-dtd./i7-cJ-tuc/l/)?/~ Retha Bowerffi~~ee~:me~~~lyn Vaughn R.D.#2 R.D.IIO, Lot 134 Sh-ippeRe&lH'-<JT PA.~l-i.sle, 1'.\ .-...-"- "- ~ 6vVU.<./r'd III . 19 60 /'0/ /J~V\ ...J'. i;;.-H;~ / e r~~-= Add,." -~. Date of Death __..!_~_______ Day November Month 1978 Year INSTRUCTIONS I. An inventory must be filed within three months after appointment of personal representative. 2. A supplement inventory must be filed within thirty days of discovery of additional assets. -' 3. Additional sheets may be attached as to personalty or realty 4. See Article IV, Fiduci.ri~s Act of 1949. ~-- . >- H ~ ""tJ II I- W <Ll ... >- 0:: I- .j..l ~ 10 W <( 11l 0 III ex a.. I- ~I .j..l u <<I 0 0 In GI W W ~ C 01 ,.. I 0:: <Ll 'II CD .... a.. Q. e Z I- ..J u.. <Ll, Z 10 ... <( 0 a.. 0 u.. ..J ~I = W 0 <( w ~I :S >. > z 0:: - < Z 0 :;j e C ~ ci I III Z 0 0 I 0:: <( ~I CJ) u z ,\ w ~ a.. ""tJ I. e " 10 ~: ... -.: 0 III ;1 , .0 i III E ." -"I Ii - ..! 0 I: 'll ~ 0 ..J U u:: CD ". w .