2.5
Petition to Open and Review an Adjudication based upon an Erroneous Statement of Fact

 
 
 
 
[SEE CAPTION AT 1.3.1]
 
 
DECREE
 
 
Now,___________________, 20____, upon consideration of the annexed petition, it is hereby ORDERED and DECREED that the Adjudication of Jones, J., dated September 1, 2000, of the First and Final Account of Jane R. Dunn, Administratrix of the Estate of Joseph B. Dunn, Deceased, is hereby opened with respect to the award of one-fourth of the estate to each of Sarah Dunn and Harry Moore, guardian of the estate of Betty Dunn, a minor, for the purpose of review, and that, as thus reopened, the same be referred to the Honorable Harold Jones, Auditing Judge, for a re-audit of the Account with respect to the said awards.
 
 
 
   
 
J.
 
 
 

 
 
 
[SEE CAPTION AT 1.3.2]
 
 

PETITION

 
 
The Petition of Jane R. Dunn, Administratrix c.t.a. of the Estate of Joseph B. Dunn, respectfully states that:
 
1.
Joseph B. Dunn died on July 7, 2000, a resident of Philadelphia, Pennsylvania.
 
2.
At that time no Will had been found and decedent was therefore assumed to have died intestate.
     
3.
Letters of Administration were issued to Petitioner on February 26, 2001, by the Register of Wills of Philadelphia County.
     
4.
The parties in interest in the decedent's estate under the intestate laws of this Commonwealth are:
     
   

Jane R. Dunn
261 Horse Hair Road
Philadelphia PA 19000

Wife (one-half interest)
     
 

Sarah Dunn
564 Main Street
Philadelphia PA 19000

Daughter (one-fourth interest)
     
 

Betty Dunn
564 Main Street
Philadelphia PA 19000

Daughter (one-fourth interest)
     
5.

The foregoing parties are sui juris with the exception of decedent's daughter, Betty Dunn, a minor, for whose estate Harry Moore was appointed guardian by Decree of this Court dated August 1, 2000.
     
6.
Petitioner's First and Final Account as Administratrix of decedent's estate has been confirmed nisi by Adjudication of Jones, J., dated September 1, 2000, which Adjudication awarded the balance of decedent's estate as follows: one-half to Jane R. Dunn, and one-fourth to each of Sarah Dunn and Harry Moore, guardian of the estate of Betty Dunn, a minor. A Schedule of Distribution, directed by the said Adjudication, has not been filed.
     
7.
Subsequent to said Adjudication confirming her First and Final Account, Petitioner discovered decedent's Will, dated October 2, 1992, a copy of which is attached hereto as Exhibit "A."
     
8.
By his Will, decedent left his entire estate to Petitioner, but did not name an executor.
     
9.
  After a hearing by the Register of Wills of Philadelphia County, the said Will was admitted to probate by order of the Register dated January 3, 2001 and Letters of Administration c.t.a. were thereupon issued to Petitioner.
     
10.
  Simultaneously herewith Petitioner has filed with this Court a petition for a citation to show cause why the right of Sarah Dunn and Harry Moore, as guardian, to appeal from the Decree of the Register of Wills admitting decedent's Will to probate should not be limited to a period of three months, in accordance with Section 908 of the PEF Code. As of the time of filing the present petition no appeal has been filed by Sarah Dunn or Harry Moore, as guardian.
     
11.
  The only persons affected by this petition are Sarah Dunn and Harry Moore, as guardian.
     
12.
  Notice of the presentation of this petition has been given to Sarah Dunn and Harry Moore, as guardian.
     
13.
  Petitioner hereby certifies that the Auditing Judge has been informed of her intention to file this petition by letter from Petitioner's counsel dated January 15, 2000.
     
14.
  Under Section 3521 of the PEF Code, if any party in interest shall, within five years after the final confirmation of any account of a personal representative, file a petition to review any part of the account or of the adjudication setting forth specific errors therein, the Court shall give such relief as equity and justice shall require.
 
Wherefore, Petitioner respectfully requests that the Adjudication of Jones, J., dated September 1, 2000, of the First and Final Account of Petitioner, Jane R. Dunn, Administratrix of the Estate of Joseph B. Dunn, Deceased, be opened with respect to the award of one-fourth of the estate to each of Sarah Dunn and Harry Moore, guardian of the estate of Betty Dunn, a minor, for the purpose of review, and that, as thus reopened, the same be referred to the Honorable Harold Jones, Auditing Judge, for a re-audit of the Account with respect to the said awards.
 
 
 
   
 

Jane R. Dunn

 
 
 
 
 
 

 
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