Phil. Est. Pract. Handbook, form 1

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2002 Edition

Form 1 - Petition for Citation to Show Cause Why Photocopy of Will Should Not be Probated

No.

ESTATE OF JOSEPH B. DUNN, DECEASED

PETITION FOR CITATION TO SHOW CAUSE WHY A PHOTOCOPY OF THE WILL OF JOSEPH B. DUNN SHOULD NOT BE ADMITTED TO PROBATE

The petition of Jane R. Dunn respectfully states that:

1. Petitioner is the widow of Joseph B. Dunn who died on January 1, 1999.

2. At the time of his death, the decedent maintained his principal residence at 261 Horse Hair Road, Philadelphia, Pennsylvania.

3. Decedent's sole heirs are petitioner and his only child, John Dunn, who is of age.

4. On April 1, 1986 Joseph B. Dunn executed his Will, a copy of which is attached as Exhibit A. This Will was prepared by the decedent's attorney, John K. Trustworthy, Esquire, at his client's request; its execution was witnessed by the said attorney and by his then secretary, Mary Friday; and it named petitioner as executrix and sole beneficiary.

5. Immediately after the execution of the said Will, a photocopy was made and was placed by John K. Trustworthy in his files, and on April 2, 1986 the original Will was taken by said Mary Friday to the Upstanding Trust Bank, where John K. Trustworthy maintained a vault for the storage of original Wills.

6. John K. Trustworthy is now unable to locate the said Will in his vault.

7. The original Will has never been in the possession of Joseph B. Dunn since its execution.

Wherefore, petitioner respectfully requests that a citation be awarded, directed to John Dunn, to show cause why the photocopy of the Will of Joseph B. Dunn, Deceased should not be admitted to probate as if it were the original.

______________________________

Jane R. Dunn

[Affidavit or Verification on following page]

NOTE: The Register of Wills will not admit a carbon copy or a photocopy of an original will to probate without a hearing at which an adequate explanation for the nonproduction of the original is given.

Sample Affidavit: The affidavit to be executed by an individual should read as follows:

COMMONWEALTH OF PENNSYLVANIA )

) ss.

COUNTY OF PHILADELPHIA )

Jane R. Dunn, being duly sworn according to law, deposes and says that the facts set forth in the foregoing petition are true and correct to the best of her knowledge, information and belief [* and that all adult parties in interest have consented to this petition].

* Bracketed material should appear when appropriate. See Philadelphia Orphans' Court Rule 3.4.A(4).

__________________________

Jane R. Dunn

Petitioner

Sworn and subscribed to before me this____________ day of________________, 20___________.

___________________

Notary Public

Sample Verification. The verification to be executed by an individual (the form can be modified for execution by a corporate fiduciary) should read as follows:

I, Jane R. Dunn, verify that I am the Petitioner in the within petition, and that the facts contained in the foregoing petition are true and correct to the best of my knowledge, information and belief; and that this verification is subject to the penalties of 18 Pa. C.S.A. § 4904 relative to unsworn falsification to authorities.

________________________

Jane R. Dunn

Petitioner

Dated:________________________

Phil. Est. Pract. Handbook, form 1