Phil. Est. Pract. Handbook Form 4

Current through March 1, 2017
Form 4 - Petition for Citation to Show Cause Why Petitioner Should Not be Compelled to Produce the Will of Decedent

REGISTER OF WILLS OF PHILADELPHIA COUNTY, PENNSYLVANIA

No.

ESTATE OF JOSEPH B. DUNN, DECEASED

PETITION FOR CITATION TO SHOW CAUSE WHY JOHN DUNN SHOULD NOT BE COMPELLED TO PRODUCE THE LAST WILL OF JOSEPH B. DUNN FOR 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, 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 December 1, 1996, decedent executed his Will, a copy of which is attached hereto as Exhibit A, wherein he gave his entire estate to petitioner and appointed petitioner executrix.
5. The decedent at the time of his death owned certain personal property and real estate, all located in Pennsylvania.
6. When decedent executed his Will, he delivered it to his son, John Dunn, who has neglected and refused to produce it for probate, although repeatedly requested to do so by petitioner.
7. Under 20 Pa. C.S.A. § 3137, the Register of Wills, at the request of any party in interest, shall issue a citation directed to any person alleged to have possession or control of a Will of a decedent requiring him to show cause why it should not be deposited with the Register.

Wherefore, petitioner respectfully requests that a citation be awarded, directed to John Dunn, to show cause why he should not produce for probate the Will of Joseph B. Dunn, Deceased, dated December 1, 1986.

________________________

Jane R. Dunn

[SEE VERIFICATION AT APPENDIX B: FORM 1 ]

Phil. Est. Pract. Handbook Form 4

File petition without decree page in Register's office. Register's office will prepare citation.