Will and Dockets for Parmelia Tewksbury

Estate of Parmelia Tewksbury ---Dec'd----
Parmelia Brown --Ex trix.-
And now, June 21--1910, Letters Testamentary were in due form of Law granted unto Parmelia Brown the Executrix named in the Last Will and Testament of Parmelia Tewksbury, late of the Borough of HopBottom, in said County.

Estate of Parmelia Tewksbury, deceased
Susquehanna County ss:
Personally appeared Hattie E. Tiffany, who being duly sworn according to law, deposes and says that the facts set forth in the foregoing petition are just, true and correct. Sworn and subscribed before me this 2nd day of July, A.D. 1910.]
Kellie Smith, Notary Public]
Official Seal) My commission expires January 25, 1913-------------] Hattie E. Tiffany

-----Exhibit A-----
Will of Parmelia Tewksbury, Probated June 21, 1910. Will Book 11, page 331

I, Parmelia Tewksbury, of Hopbottom Borough, Susquehanna County, Pennsylvania do make this my last will and testament, hereby revoking any and all former will or wills by me heretofore made. First, I direct all my just debts and funeral expenses be paid, and that my execrtrix expend for a monument for me a sum not to exceed $100.
Second, I give, devise and bequeath all my property real, personal and mixed of whatsoever kind and whensoever situate, in manner following, to wit: One third of the same toMrs. Rhoda Case for life and at her death, to go to Oney Case absolutely. Two-thirds of the same to Mrs. Almira Brown for life and at her death the same to be divided equally among her two daughters Miss Parmelia Brown and Miss Candice Brown absolutely.
Third, I direct that my household goods be distributed by my executrix in accordance with the parole understanding existing between her and me, and that she, my executrix, be absolutely discharged for accounting of the same.
Forth, I direct that my executrix be not compelled by law to file any inventory or appraisement of my property nor file any account of the same, unless she so desires.
Fifth, I constitute and appoint Miss Parmelia Brown executrix of this my last will and testament. In witness whereof I have hereunto affixed my hand this eighth day of April, 1910.
Parmelia Tewksbury.
Signed by the testatrix by the hand of M. W. Stephens, by her direction and in her presence and declared and published by the said testatrix as and for her last will and testament in the presence of us.
Winifred Tingley
Diamond Rose,
June 21, 1910, letters testamentary granted unto Parmelia Brown, executrix. Affidavits filed fixing date of death June 12, 1910.

~~~~~~Decree~~~~~~
Now July 5, 1910, upon the within petition of Hattie E. Tiffany & upon motion of W. A. Titsworth & F. E. Scott Attys. for petitioner a rule is granted as prayed for to show cause why a citation should not issue. Returnable last monday of July, 1910
By the Court,
R. B. Little, P.J.
Rule Issued.
Exemplification of Record
in Said Estate
as Recorded in Register's Office.
And now, June 21, 1910, was presented for Probate an Instrument of Writing, purporting to be the Last Will and Testament of Parmeilia Tewksbury, late of the Boro. of HopBottom in said County, deceased, and at the same time came Diamond Rose and Winifred Tingley, the subscribing witnesses to said Instrument of Writing, who being duly sworn and said Instrument of Writing exhibited unto them, did say: That they were present on the date when said Instrument of Writing was executed and saw and heard the said Parmelia Tewksbury, sign, seal, publish, pronounce and declare the said Instrument of Writing as said for her Last Will and Testament, and at the time of her so doing she was of sound and disposing mind and memory to the best of their knowledge and belief.

Register's Office, Montrose, Pa.-

And now, June 21, 1910, Proof having been made as above, of the due execution of said Instrument of Writing by the said Parmelia Tewksbury, deceased as and for her Last Will and Testament, it is Adjudged and Decreed that the said Instrument of Writhing is fully process to be the Last Will and Testament of the said Parmelia Tewksbury, deceased, and is hereby admitted to Probate as such, and duly recorded according to Law.-
M. E. Birchard, Register.
for H. M. Birchard
deceased. She having first been duly sworn to well and truly administer the goods and chattels, rights, and credits of said decedent according to law:

To M. E. Birchard, Register of Wills in and for the County of Susquehanna:

Estate of Parmelia Tewksbury, deceased:
Petition for appeal:-
The undersigned hereby appear to the Orphan's Court of Susquehanna County from the decision of the Register of Wills, in the above estate admitting to Probate a certain paper writing dated the 8th day of April, 1910, and probated the 21st, day of June, 1910 as the last Will and Testament of the said deceased, and granting Letters Testamentary thereon.
Hattie E. Tiffany

Sworn and subnscribed before Nellie Smith, N.P. July 2d, 1910.
July 13th, 1910, Bond filed and approved in access of $500.00 with G. P. Tiffany and Lyman Tewksbury, sureties.--

Now July 25, 1910, filed acceptance of service of Rule to Show Cause by M. w. Stephens as attorney for Mrs. Rhoda Case, Mrs. Almira Brown, Oney Case, Parmelia Brown, Candice Brown and Parmelia Brown as Executrix.

In the Estate of Parmelia --Deceased--

-----Petition for Rule-----

In the Orphans Court of Susquehanna County:

To the Honorable the Judge of said Court:
The petition of Hattie E. Tiffany of the County of Susquehanna, State of Pennsylvania, respectfully represent's:
That she has appealed from the decision of the Register of wills of Susquehanna County admitting to probate a certain paper writing as the last will and testament of Parmelia Tewksbury, deceased, which said will purported to be dated April 8, 1910, and was admitted to probate by the Reister aforesaid on June 21, 1910.
Your petitioner further alleging that she is a party interested, being a daughter of Lyman K. Tewksbury the only brother now living and his interest in said estate having been transferred to his said daughter Hattie E. Tiffany the petitioner herein.
Your petitioner further showing that she has entered into proper security approved by the Register in the sum of Five Hundred ($500) Dollars for the allowance of this appeal, and further submits to the court by this petition her grounds for appeal therefore as follows:
First: That the paper writing so admitted to probate by the Register of Wills of Susquehanna County on June 21, 1910, and purporting to have been dated and executed by the said Parmelia Tewksbury on April 8, 1910, was not the last will and testament of the said Parmelia Tewksbury, deceased for the following reasons:
(a) That at the time of the execution of said paper writing, to wit, April 8, 1910, the said Parmelia Tewksbury was not of sound and disposing mind, memory and understanding.
(b) That because of the then mental condition and sickness of the said Parmelia Tewksbury at the time said papers writing was purported to have been made she was in such condition of mind and body as to be easily, and she was then and there unduly and illegally influenced to make the same.
Second: Wherefore your petitioner further submitting for the information of this Court a copy of said paper writing, dated April 8, 1910, purporting to be the last will and testament of Parmelia Tewksbury, deceased: and from the probate of which this appeal is taken, which said copy is marked Exhibit A
Third: Your petitioner further showing to the court that the said Parmelia Tewksbury died in HopBottom Boro: Susquehanna County, Pennsylvania, June 12, 1910, she being a single woman and leaving to survive her one brother Lyman K. Tewksbury of Brookly Township.
Fourth: Your petitioner further alleges that the parties named as beneficiaries and interested under the terms of the paper writing duly admitted to probate are Mrs. Rhoda Case, Oney Case, Mrs. Almira Brown, Parmelia Brown, and Candice Brown and Parmelia Brown, executrix.
Fifth: Your petitioner further showing that because of the foregoing there are material questions in controversy between your petitioner and Parmelia Brwon, executrix, and the said beneficiaries Mrs. Rhoda Case, Oney Case, Mrs. Almira Brown, Parmelia Brown and Candice Brown, to wit:
(a) Whether or not at the time of the alleged execution of said paper admitted to probate, to wit, june 21, 1910, the said Parmelia Tewksbury was of sound and disposing mind, memory and understanding.
(b) Whether said instrument was not procured by undue influence exercised over and upon the said Parmelia Tewksbury and whether the said paper writing admitted to probate and purporting to have been dated April 8, 1910, was not true and in fact the last will and testament of Parmelia Tewksbury, deceased.
Sixth: Your petitioner further alleges that the said Parmelia Tewksbury died leaving to survive her in addition to the brother Lyman K. Tewksbury as mentioned in the Third Paragraph, the following children of deceased brothers ans sisters, to wit:
Carroll Tewksbury, the only son and heir Ephriam Tewksbury, deceased, whose wife is also deceased, Myra Tewksbury intermarried with Charles Goodrich, Isaac Tewksbury, William Tewksbury children of Curtis Tewksbury, a deceased brother, whose wife is also deceased: Warren Whitney, Elmer J. Whitney and George Whitney, children of Rhoda Tewksbury, a deceased sister, who was intermarried with George Whitney, her husband being now deceased; wherefore your petitioner prays that the citation may issue directed Parmelia Brown, Candice Brown, Mrs. Almira Brown, Mrs. Rhoda Case and Oney Case, being all the parties named and devisees and legatees and as executrix and as such interested in sustaining the paper writing dated April 8, 1910, as the will of Parmelia Tewksbury, deceased, commanding them to appear before the court on a day certain to answer this petition and to show cause why said appeal from the decision of the said Register of Wills in admitting said instrument or writing to probate as the last will and testament of the said Parmelia Tewksbury deceased should not be sustained and decision of the said Register set aside and why an issue devisavitvel now should not be awarded, directed to the Courtof Common Pleas of Susquehanna County to determine sush questions of fact as are material to this issue as hereinbefore set forth on such terms and conditions as your Honorable Court may judge proper and further why the said probate should not be set aside and the paper writing so admitted to probate by the Register of Wills of said County on June 21, 1910, be declared null and void, and Letters Testamentary granted to Parmelia Brown as Executrix thereof be revoked.
Your petitioner will ever pray.
Hattie E. Tiffany

Orphans Court Docket #31 Aug. 1911 Book #29 Page 115
Parmelia Tewksbury Priv. Sale Real Estate

In the Estate
of
Parmelia Tewksbury
---Deceased---
#31 -: PRIVATE SALE OF REAL ESTATE :-
Now August 24th, 1911, filed the petition of Parmelia Brown setting forth as follows:-
I. That Parmelia Tewksbury; a resident of the Boro of Hop Bottom, Susquehanna County aforesaid, died on the 12th day of June, A.D. 1910, testate.
II. That the Last Will and Testament of the said Parmelia Tewksbury was duly probated in the Register's Office at Montrose, Susquehanna County aforesaid, on the 21st day of June, A. D. 1910; and the same day Letters Testamentary thereon were regularly issued to Parmelia Brown, the Executrix named in the last Will and Testament.
III. That the said Parmelia Tewksbury, deceased, died seized in her demesne as of fee of the following described real estate,- (I) All that certain piece or parcel of land lying and being in the Boro of Hop Bottom, Susquehanna County, State of Pennsylvania, bounded and described as follows, to-wit:- Beginning at a post in road as altered, thence along said road by land of Truman Bell south two degrees west five and one half perches; thence in a westerly direction (about south 80 1/2 degrees west), thirteen and 5/8 perches to center of two acre lot purchased of Humphrey Marcy; thence in a northerly direction, parallel with aforementioned road, five and one half perches to land of Amos Carpenter; thence along land of seventy-two rods of land, be the same more or less; being the same land conveyed by David Wilmarth et ux, by deed dated the 12th. day of August, 1885, which deed is recorded in Susquehanna County aforesaid in deed book No. 71 at page 65.
(2) Also all that other certain piece or parcel of land situate in the Boro of Hop Bottom aforesaid, bounded and described as follows, to wit:- On the north by lands of Amos Carpenter; on the east by other lands of said Parmelia Tewksbury; on the south by lands this day deeded to Almira Brown; and on the west by the public highway, containing about half an acre of land; it being the same premises conveyed to Parmelia Tewksbury by David W. Brown, as Executor of the Last Will and Testament of David Wilmarth, by deed dated the 26th. day of February, 1889 and recorded in Susquehanna County in deed book No. 84 at page 356 etc.
IV. That there is not sufficient personal property to pay the debts of the said decedent as have come to the knowledge of your petitioner.
V. That your petitioner attaches hereto, marked "Exhibit A", a certificate of the Register of the said County of Susquehanna showing the total valuation of the inventory and appraisement of the estate of Parmelia Tewksbury, deceased, as filed in the said Register's Office, to be Seventy Eight and 35/100 dollars ($78.35).
VI. That the real estate of the said decedent as described aforesaid is a full and correct statement of all of the real estate of said decedent wherever situate, that has come to the knowledge of your petitioner.
VII. That your petitioner attaches here to "Exhibit B" as a part hereof, which is a just and true statement of the debts of said decedent that have come to the knowledge of your petitioner, after a fair and legal notice.
VIII. That an offer has been made by Byron Sterling, of Brooklyn Township, Susquehanna County aforesaid, to purchase the premises described aforesaid for the sum of Eleven Hundred Dollars ($1100.00) provided an order can be obtained from your Honorable Court authorizing and empowering your petitioner to make the said sale, and excute and deliver a deed therefore.
IX. That no provision was made, in the said will of the said Parmelia Tewksbury deceased whereby the said executor, your petitioner, has any authority as such to sell or convey the said real estate of the said decedent for any purpose whatsoever.
X. That Parmelia Tewksbury deceased was a maiden lady; and parties or persons interested under the said will of the said decedent are;
I. Mrs. Rhoda Case; Oney Case; Mrs. Almira Brown; Miss Candice Brown, and your petitioner, all residents of the Boro of Hop Bottom aforesaid.
XI. That your petitioner verily believes the price offered is a just and fair price for the aforesaid real estate, and under all the circumstances of the case, a better price than can be obtained for the same at public sale after due advertisement; that your petitioner has attached hereto affidavits of two persons, who are familiar with the value of the land in the locality in which the land described is situate, setting forth that in their opinion, the said sum is a full and fair price for the said land, together with the improvements thereon.
Wherefore, your petitioner prays your Honorable Court, to order and decree a private sale of said real estate, together with the improvements, to Byron Sterling for the sum of Eleven Hundred Dollars ($1100.00) in cash, clear of all debts and encumbrances.

WHEREUPON COURT GRANT THE FOLLOWING ORDER:
Now Aug. 24th, 1911, upon presentation of the foregoing petition, it is ordered that a hearing be had on the 18th day of September, 1911, at 11:30 o'clock A. M., personal service of notice of said hearing to be given to all persons interested under the said last will and testament of the said Parmelia Tewksbury deceased; and that notice of the filing of said petition and time of hearing be given in ______newspaper_ of general circulation in Susquehanna County aforesaid for at least 20 days prior to the date set for hearing aforesaid, and further notice posted as required by the act of assemble. Bond to be given and approved by the Court in Chambers.
By the Court.
........................

Now, September 18th, 1911, filed the following ORDER OF COURT:
Now Sept. 18th, 1911, upon proff of notice having been made as required by Act of Assembly in such case made and provided and the Order of Court of August 24, 1911, made in the above estate, and it appearing that no exceptions or objections are made, and that it would be to the best interest of all parties concerned and that the price offered is a better price than could be obtained at public sale, it is ordered and decreed that Parmelia Brown, Executrix of the Estate of Parmelia Tewksbury, deceased, be authorized and empowered, and by authority of this Court and decree, she is hereby authorized and empowered to accept the offer and upon filing of bond in the sum of Twenty Two Hundred Dollars ($2200.00) to be approved by the Court, and to give execute and deliver a good and sufficient deed of the premises described in the said petition as filed to Byron Sterling his heirs, and assigns forever, free and clear of all encumbrances.
By the Court,
R. B. Little, P. J.
Now, September 28th, 1911, bond in the sum of $2200.00 filed and approved with Almira Brown as surety.
...........................................................

-: RETURN OF SALE OF REAL ESTATE :-
Now March 4th, 1912, filed the following petition of Permelia Brown:
That, Parmelia Brown, Executrix of the last will and testament of Parmelia Tewksbury, deceased, does respectfully report and return:-
That in pursuance of a decree made by the said Court, on the 18th day of September 1911, authorizing and directing a private sale of certain real estate of the said late Parmelia Tewksbury, deceased, I have sold the right, title and interest of land situate in the Boro of Hop Bottom, in the County of Susquehanna, State of Pennsylvania, said land being fully described in the petition and decree of the Court, to Byron Sterling of the County of Susquehanna, and State of Pennsylvaina, for the sum of Eleven hundred ($1100)Dollars on the terms prescribed in the order of sale, and petition made in connection therewith.