with the appurtenances, departed this life on the fifth day of March, A. D. 1911, having first made and published her last Will and Testament in writing bearing date the second day of October, A. D. 1910, and duly proven the thirteenth day of March, A. D. 1911, and registered in the Office of the Register of Wills in and for the city and county of Philadelphia, in Will Book No. 326, page 129, &c. WHEREIN and WHEREBY after directing the payment of her just debts and funeral expenses she the said R. A. B. did will and direct as follows: "Second, All the rest, residue and remainder of my estate, real, personal and mixed of whatsoever kind and wheresoever situate, I give and devise and bequeath unto my children and my two grandchildren, namely, L., daughter of my son, W. W. B., Jr., deceased, and E., daughter of my deceased daughter, M. S., their heirs and assigns, to be equally divided between them, share and share alike." "Third," "I nominate, constitute and appoint T. F. B. to be the executor of this my last Will and Testament." AND WHEREAS, At an orphans' court for the city and county of Philadelphia, held on the first day of October, A. D. 1911, the petition of T. F. B., executor of the estate of R. A. B., deceased, was presented, SETTING FORTH "That the said R. A. B. was seised in her demesne as of fee of the hereinafter described premises." "That there are not sufficient personal assets to pay the claims due from the estate of said decedent to the creditors thereof." That all persons and parties interested in said real estate being sui juris or by guardian have consented to the sale of the hereinafter described premises. That the petitioner has been unable to dispose of said premises at public sale for a fair or market price. That G. L. has offered to purchase the said real estate hereinafter described for the price or sum of twenty-five hundred ($2500.00) dollars clear of all encumbrances and all the owners of said real estate have agreed to sell at said price and that proper and necessary deeds and assurances for said real estate should be executed to the said G. L. and a perfect title for the same made to him for the payment of debts of the decedent, R. A. B. The petitioner therefore prayed the court to approve of the price offered for said real estate and authorize petitioner to sell said real estate to G. L. for the price and sum of twenty-five hundred ($2500.00) dollars for the payment of debts of the decedent, R. A. B. WHEREUPON after due advertising and notice to all heirs, creditors and parties in interest in accordance with the Act of the General Assembly approved June 9, 1911, in such case made and provided, the court, on the 16th day of October, A. D. 1912, upon due consideration of the said petition, ordered, adjudged and decreed that the petitioner is authorized hereby to sell the property described in the petition at private sale to G. L. for the price or sum of twenty-five hundred ($2500.00) dollars in accordance with the contract of sale attached to and made part of the said petition for the payment of debts of the said decedent; it having been shown to the court that due notice of the filing of said petition has been given in accordance with the Act of June 9th, 1911, by advertising for twenty days prior to the presentation of this petition to the court and by posting notice of said application on the property and in three of the most public places in the vicinity thereof. Security to be entered by the petitioner in the sum of five thousand ($5,000.00) dollars, which security has been duly entered in the orphans' court on November 1st, 1912. Now this Indenture Witnesseth, &c., &c., (here follows rest of deed, see forms, par. 234, 235). 283. Other Recitals. For other Recitals of Title under various Court proceedings, etc., consult carefully the Deed Forms, paragraphs 234, 235. 284. Form of Will. See form, paragraph 163, page 196. 285. Clause of Will Giving Executor Power and Directing Him to Sell Real Estate. I order and direct my executor hereinafter named to sell all my real estate at public or private sale (without any liability of purchasers for the application, non-application or misapplication of purchase money)* and upon any such sale thereof I order *Since the Act of June 10, A. D. 1911, Sec. 1, P. L. 874, now relieves purchasers of executors and trustees under a will from the obligation of seeing to the application of the purchase money, the clause in brackets may now be omitted. and direct my said executor to distribute and pay the net proceeds of sale as follows, viz: 286. Codicil. See form, paragraph 164, page 197. 287. Form of Codicil for a Child Born After Date of Will. I, EARL GREEN, do hereby make this a codicil to my last will and testament, dated the Twenty-fourth day of November, 1906, viz: My son, Charles, having been born after the date of said will, I do hereby provide for and give, devise and bequeath unto him and his heirs in fee simple and absolutely one-fourth part and share of all my estate, real, personal and mixed, and so that he shall have and receive an equal part of my said estate with my other children in lieu of any share he may have under the intestate laws, and I reduce and revoke the shares of my other children accordingly, so as to provide for said share for my son, Charles, and I appoint my wife as guardian of his person and estate and with this change and in all other respects I do confirm my said will. IN WITNESS WHEREOF, I have hereunto set my hand and seal this first day of October, A. D. 1912. Signed, Sealed, Published, and Declared by the above-named EARL GREEN, as and for his last will and testament, in the presence of us, who have hereunto subscribed our names at his request as witnesses thereto in the presence of the said testator, and of each other. WILLIAM LONG, 3452 X St., Phila., Pa. It is good practice to have subscribing witnesses of both wills and codicils. Write their addresses after their signatures. It is not necessary that a provision for an afterborn child actually leave a portion of the testator's estate to him; it is only necessary to show that the testator had the afterborn child in mind when he made the codicil or will; thus in Randall v. Dunlop, 218 Pa. 210, the following provision was held to be sufficient: "Afterborn children are herein provided for." (See Par. 168, page 201). "The question whether the provision is large, small, equal or unequal, vested or contingent, present or future is irrelevant." (Newlin's Estate, 209 Pa. 456.) |