HomeMy WebLinkAboutOC1968-0550 - ESTATE OF BOONEHEARING ON PETITION FOR APPOINTMENT OF'.GUAR DIAN'
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No.550 .of,1968
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THE 'HONORABLE P.VINCENT 'MARINO;
;Presiderit Judge o'f '~he said Court:
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.ROBERT D,'BECK,ESQ"of the ffrm
Patrono,Cei.sl.er&Edwards of Washington,
Penna.,representing the Petitioner,,
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IN;THE ORPHANSf ,COURT OF WAS'HINGTON COUNTY,
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APPEARANCES:
JAMES F.BOONE,
IN RE:
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ESTATE OF
~~an all~ged incompetent.
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Thursday,.t?pril 18,1968,at 1:30P.¥;',
EST.
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WITNESS
DR.JAMES R.HUGHEY.
Direct
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MR.BECK:If it please the Court..this is the time that
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has been set for the hearing in respect to the cotnpeten'cy of-',...~,.,
James F.Boone to handle his persona~~st'ate"as per,the petiti~n
of Ralph~Boone,his son,which was filed at Number 5,50 of 1968,
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.in Orphans'Court.At this tiJ:Pe,'Your Honor,I'd like to present
the Affida'vit of Service,.which is sign,ed by )VIr,John;90lna an~
,,of
indicates that service was ma~e on the al~eged inco~petent,Jame
Boone,on April 8,'1968 in Imperial;Pennsylvania~at his present
residence.That would be at the Cartwrigh~Convalesce'ntHome:
THE COURT:And the next of Rin,I preceive;"have joined
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in the petition.
MR ..BECK:Yes,Your Honor,they are here today.
Before we begin,I would like t~am~nd the petitio'n in two 'respect~.,
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.Item Number six states that the alieged incompetent is a tenant
by the ~ntirety in property which has.an estima,ted gross value
of $7,000,00.That is incorrect.He is a tenant -in common,,'..--.".
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with his son who is the petitioner here.Consequently,the ambm
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of the estate would!be $3'500.00 rather than $7,000 :00"It would
be just half that.
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THE COURT:
MR.BECK:
,"The amendment will be permitted,
And Item number seven states that there
is rental income in the am'ount of $66:50",'That woul~:(againbe.
halved,that is the income from this hous~.So it .wo~ld conse-~•• j ~,•
quentiy be thirty-three and ~quarter..Now I have bee'n infor~ed
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for Sociai Sec;urUy dIsability has ."
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been increased.'And we don't have the exact 'ainOl,mf of.that.,
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THE COURT:.'Th~amendment therein pa.ragr·aphse.~en".'.
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,I'd like to ~all·Dr.James R~Hughey to',.
And your residence?
James R.Hughey..
Would you:state yournam'e ple9-I?~?
will also be pe~mitted.',You may pro~eed.Wewiii order the~'.F If '
testify if I might pleas e.'
~.Affidavit of Service filed.
DIRECT EXAIy.IINATION BY MR.BECK:
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Are you 'lieens ed to practice ih ih~'St~te of Pennsylvania?
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What 'i~,your occupation?
Medical doctor.'
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A ,Yes,I am.
Q For how long have you .been .so licensea?
,No specialty.,
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You ar'e in general practice?
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Since 1944,.'.
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Q "~CoU~'d you give us.a background of your:,education .and t~aining to
date?
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I graduated from the University or Pittsburgh in.1944;.one year..
.'of internship at Mercy Hospital.Pittsburgh;general,practice sinc .
Could you t~l~me whatyour relationship to the alleged incompeten
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Yes.Washingt;on County Medical Society~Pen9-sylvania Medical
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Are you a member of.any societies or:'organizationS'?
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Society and the'A.M.A.
Are you on the staff of any h os,pitals;?
Canonsburg Beneral Hospital.
•And what is your place of practice.doctor?
303.West Lincoln Avenue,McDonald...,...
is.James F.Boone?
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I was asked to examine !jim by his,.son.
What were the circum'stances of your b.eing asked "to exam me him-
He's in a convalescent home.The medical doctor there is an"'t .
osteopath.His son requested that a medical doctor exam ine him.
And when did you conduct this .examination?
A The latter 'part of January of th.is year.
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Do you know the exact date?
Not offhand.It was on a .sunday~I thi~,.it w,as the las t Sunday
of January.
Where did you examine him?
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At th,e Cartwright Convalescent Home':.
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Q Could you tell the Court the method'of,your exa~in~tion:and!~e
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extent of your exami:nation?'......
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I gave'him a'corpplete physical examination.'T~en s~ent sorrie,
time talking to ,him.
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Was there any~ody p~esent.anybody else present at this time ?
"¥'es ,his so~was Jhere.
1\0"Did you make a diagnosis of his physical and 'mental condition at
that time.doctor?
He is suffe:r:ing from Park~nson's Disease•.generalizedarterios-
clerosis and mental incompetence.
Coul~you be a little bit more specific ?Yousay..parkinson's
.Disease and generalized arteri9sclerosis .Could you tell Us just
";~.~~,exactly whatyou mean?'..
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",was'not only made on'my physical;'bu.t,r had access to his previou
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obvious'by examining tJ;1e peripheral blood vessels,~;His "rp.ental
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The.generalized arteriosclerosis;was quite
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Parkinson's D'isease is abnor1?ality ofthe'!cEmtral hervous'systE;IT)..
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,It'e,ffects 'tlie muscular ic,oOi:dJjiation of the body..This diagnosis
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way his mind wande:ted and so onduri:ng the .conver·sa'tio~.
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Q Woulc;I you saY---,would you be able to,gi,ve me a.caps\lle summar
of his general ,condition?
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THE COURT:,Physi~~lor mental?'"
Dr.Hughey
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Physical and mental.
Could you use a word to describe his physical condition as perhaps:,
A nd his mental condition?
your evaluation'.'But we read this term in the newspapers very
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Yes •.It refers more,
We don't like that term,
THE COURT:.
THE COURT:
We will take them separately
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It's very poor.
I would say,to the state of 'mind !Df the .pers.on making the,exami-
nation than it does to the person who is being examined here."
guarded.The Court doesn't like th~t ,term.
broadly when someone is committed to a hospital,their condition
You may be guarded in your remar:ks;you may be guarded in
.
Poor,I would say.
is guarded,and that doesn't tell th~Court anything.Youcan
Guarded.
excellent,go~d,poor,or I b~lieive one medical term is guarded.'.;'
I'm not sure I understand your question.
His physical condition first,if .you will.
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guard yourself all you want,but'all we want here are thef.acts.
So let's leave that guarded :part out.
Q Doctor,were you able to make a prognosis or could yqu give us
a pro'gnosis as to his physical,conditi.o~?"
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That als0 is poor.It's bound to deteriorate as ~t~me goes on.,
And as to his mental condition?,
The same...-,.f.
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In other words,you would say that his "mental conditIon is.als~-.
bound to deteriorate rathe~than to better itself in the future.
That is correct..
Could you tell'us why the mental or p!Iysical condition of James
Boone would not be promoted by his presence in Cpurt here today?
A He's confined to bed and a wheelchair.,He has urinary-incoritinenc e.
I think if you take him out of his surroundings',he 'would become
quite irritated.
Q.~In you'r medical opinion,doctor,wouldhis .conditi<2'u be such as..to render him unable to manage his property?
A Yes,it wou19'.'
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And also in your medical opinion would his condition make him",
liable to dissipate his property and make him susceptible to
!becoming the victim of designing persons,?
.Yes,it wo.uld..
Q .Does the Court have .any queptions of the doctor.
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Dr.Hughey 9
EXAMINATION BY THE COURT:
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When you answered the last two ql,lestions~doctor,you are refer...·
ring,:::of course,I presume,to his mental condition,are you not?
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Yes.
'..A pers~n with the physical disabilities t,~ar he has only could still
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With his Parkinson's,yes.
That's right.
c'onduct business,could he not?
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Much better.
of a.~entury ago,.
doctor?
But it's progressed too far here to make ,any difference,is that it ~
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Then his arteriosClerosis,of.~ourse,that te'nds.tq become more
It appears from some of the news articles'that the Court has
The outlook in that disease is now better than what it was a quarter
read recently that there has been some improvement in treating,...
As to the Parkinson's Disease,what is your prognosis in that,
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'That 'is true;'if you get ~t'e~rlY.
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.Parkinson's Dis e ase .'Is thattrue?
-Very poor.It seems to be progressing.
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"pronounc!=d with age.
A Yes,it does.,.'
Q But this subject is only 59 years of age.Of course,the Court
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that and in many individuals it begins'probably in the'40's..as L
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basis.
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effects as far as arteriosclerosis is concerned,isn',t that true?
Q Does that bring about a disorientecl'conditipn?
,,'-.Yes,it does.
Now,doctor,what brings about his mental condition that you have
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described fpr us?Is that Induced by the physical"dondition of
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That's right.
In this case,'it is pronou~ced,as I understand it.
It is pronounc ed.
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'arteriosclerosis or just what does prevail qn that?
,.So that your prognosis there woul9 be poor.
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could give in a half hour's time,,I would say if's iIi the arteriosclerosis
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A They usually have some effects.
Q But it isn't uncommon for a person of 59 to show very little "•
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A Yes.I will have to answerit,he is.quite lucid attimes when you
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are talking and then all at once,changes the subj ect and goes on t
sO,mething else.'And he will tel~us s:o!TIetpretty wild tales that
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"..'just couldn't have any bas'is and fact.
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Dr.'Hughey-
Do you know how long h~has been suffering from this mental
condition?Was that given to you in the history?
No.There was nothing.in his history from previous diagnos,is~
Is your lay witness going to be able to'give us some of this back-
ground?
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MR.BECK:W~will testifvr.Your"
Honor.he will te's tify to the -las t year and'half or.s 6.and before
that he can't really be specific.
Tnat's enough.And doctor,it is your c:onclusion.that this mental
condition and disability will persist and become worse?
Yes.
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And because of those conditions you definitely state that he would
be unable to carryon the usual business activities.
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Very well.I think that will be all.sir.T,rank you~
And you would advise 'the appointment of a guardian?
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Yes"sir:
(witness excused).
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Your Honor.,may,Dr.Hughey.be dismissed;t.•
THE COURT:
MR.BECK:
Yes.',~
~'d like to .call th~petiti0J:ler•.Ralph B?one,
to the stand please.Your Honor.
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RALPH F.BOONE IS CALLED AND SWORN.
EXAMINATION OF NJ:R.·BOONE BY MR.BECK:
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What is your'relationship to th'e allege,d incompe~ent in tl~i~,c'asef.?'
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Will you state you·r name please,?
My name is Ralph Boone:'
And where do you'reside?
R.D.No.1.McDonald.Pa.
My natural father:
Are you the petitioner in this action?
.Yes.I am.
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Ralph.could you give us you~occupation?
I'm a fireman.fire fighter.
Where are you employed,?
Greater Pittsburgh Airport.
How were you .previously employe??
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A I spent eight years with Pittsburgh National Bank 'as an assistant··
manager.
Q Where abouts was that?.
A In McDonald.Charleroi.Washington and Carrick.
Q I believe you told me that you were present at the 'time service .
was made on your father.Is that·correct ?
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And you saw the affidavit?
Yes.I did.
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Yes.
Did that cl~earlyset forth the'facts as they appea'red at that time?
Now I'm g9ing ~o refer to the petition and J am going to ask you
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Please answer for the Cour
Could you tell me what the,residence of yo~r father.James F ..
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Boone was before he entered his,convalescen.t home?
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Yes.He lived with me ,for approximately a year.and ·prior·,tothat .
he lived at 145 Hall.Avenue here in Washington.
And pri9r to that time;where [lid he reside?
Prior to living with me?
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He and my mother maintained a home here in town at 145 Hall
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Avenue.She passed away and at that time he came to live with m .
Now you stated that you are the son 01 James Boone..Is that
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correct?
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.Do you know when your father was born?
•July.1909.!,
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Would that be July 17.1909?
Yes.
That would make him 59 years old at the "present ti~e.
Yes.
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Is he presently a pati.ent at the Cartwright Convalescent Home
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,in ImpE:rial.Peimsylvania?
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Ralph Boone·,
Yes,he is.
For how long has he been'apatient at that residence 7
Since May of last year.
That would.be May of 19677
.,·Yes.
Could you give me the name and addresses of any other children 7
My sister,Mrs.Joanne Davie,.5800 Schell Circle,Aliquippa;Pa
Is she present here today 7
Yes,'she is.
Are there any other children of James Boone 7
No.
What is his marital status?
He's a widower.
Do you know if your father was a member:of the Armed Forces of
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the United States'7
No,sir,he was not'.He was classified 4-F.
So that he is,not at this time receiving any Veterans.benefits.
No,sir,none whatsoever.
Are you familiar with the,condition of your father,the physical
and mental c,onditionofyour father at the present time?.,t ~.
Oh,yes.
You say he·"Yas liv~ng.-.wit~you,for the year preceding his entry
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into the convalescent h,orne..Did you observe'his physical'and..
mental condition at that Hme'?
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Ralph'Boone'.
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A Yes.Perhaps to go back a little bit further,,my motherfirst "
became ill in February of 1966.
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And at that time he lived with mE....~
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on and ofLuntil she passed awa;y in,February of 196~.And then
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fr.om February of 1967 until May,the time h~went into the nursin
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home,he lived with me.And during that period of time we had
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dressed and soforth.
For how long a period of time or for how long a period of time
r .condition as you obs.erved it?
that reason it was necessary to 'put him:.to place him in this home
and a bed.And anytime that he ~,anted to use the restroom.why,.",'~~.~,
Of course.as,Dr ~Hug,hey stated:he was confined to a wheelchair
Could you be more specific with regard to his general physical';
"quite a bit of difficulty with him.He caused quite ~bit 'of tension
.someone had to take him,bring him back.He had to be fed ,and,.
in our home and he had adverse interest on my children.And for
,
This is while he was living with you?
'where he could getprope,r care 'that we weren't able to give him .
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before he entere'd the convalescent home was this condition true'..;~
of his physical condition?
A I j,ust can't pinpoint it ~xactly,the exact date.He received a
disability from the Social.~ecurity people 'in 1960.,'And he hadn't
been able to 'work since that fi~e.And,his condition gradually".'..'~
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deteriorated,thinking back on it,his,condition gradually deter~or(ted','
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up to the pres ent time.It seems now that he,physicaliy,he
may have leveled off at a certain level..Bl;lt I'd s,ay within,the
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last six months his mental condition seems to be dete~iorated.'
With regard to his physic~l conditibn~you saidtha,t you had
wouldn't do it,and I'd eventually have to end up doing what I thougJ:1t
something tha~h(l'ppened;wit~iiithe last fe~days or a week."
.him,and soforth:
about that.And I'd keep pursuing him,give me an answer.He
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He seems to have periods,.Som~ti~es~yes,and sometimes no.
Were you able to convers e with him intelligently'?',.
he wouldn't give me an answer:.He'd tell me,I'll have to think
happened maybe ten or fifteen years ago,but he couldn't recall
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now,because 'he was not able to.And ~nything that I would·
was best..And he would tell !lI,e s'to~ies about something th~t·
He was very arbitrary.I'm reponsible for handling his affairs
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suggest to him or ask him his'opinion of what he wanted to do,
time preceding his entry into fheconvaJe'scent home?
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visiting nurse.She came'in three hmes a week to help bathe
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Yes',that is true.'And we were able to obtain the services of a'
to care for him essentially.Is that correct?
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,~ould you tell us what you observe'd of his mental condition at the
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when he was alet't and seemed to know what he was doing;and othl r
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times he didn't,.There was no period-h-like one day he'd be good
and one day he'd be bad.He might go two or three ~ays he"d 'b~'
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all right and he'd go ~:me gay,he didn!t know at all what was
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happening.
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Are you familiar with the contents and extent of the estate of your
A It's a two-story frame dwelling at 145 Hall Avenue.
(will.And also,asI say,I handle'his financiallarffairs now.
Q 'The petition states that ·there'is a property owned by your father,..
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However,
I'm named in his
!
I'm the executor of his e'state.
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estimate?..
I'm really not that familiar with real estate values.
The petition states a va'lue of $3500.00 for your fcLther's portion...
Could you t~ll us what ,that property is?
Yes,sir,I am.
lam.
or'share of that property.Would you say that is an accurate
1
Yes,sir,I am.
as a tenant in common'.:Are you familiar with this property?
father?
A
Q And you are the other owner of that pro perty,is that correct?
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when we arranged with the real estate agent to handle the rental
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of it,'I asked him 'his opinion of what he thought .tJ;1e property ;.
might be worth and'he quoted the figure 'of $7,000.
Q He said the entire property was worth $7,OOO?
.'
A Yes.
,--------------~~---------------c------------------c------;-----
,,01 :"J'.'.Ralph Bb.on~.
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18
•Q Are you familiar with'the i~i~ome tha:t :y6u~father p;esently r'~'cei;t=s?
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"yes,'1 am.Both of his checks come to my home 'a!ld he and I..
,.
!maiI).tain a joint bank:aocou,nt andbecause':,he's not able,to s~gn."his chec~s himself,we have arrapged with -the bank that I am per,-
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mitted to deposit them in this joiq.t account ari.d they stamp them,.
expenses.~....,
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Q
A
What specifically are those checks that'he receives?.,
He receives two of them,actually three.of..them.He ,receives
Social Security disability check:which is list~d 6n there as $118'.8(
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andas I say,it has been'increased and ,r don't recall What the
\
exact amount is.The other check is from the Commonwealth of
.,
Pennsylvania for blind pension whi~h is $75.00 a month.And
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then half of the proceeds of the rental of the property'is $33.25.
Q Would you say then that these 'items are the total monthlyincome
whieh he is entitled to.
A Yes,the total 'fixed 'income other -than what I contribute for'
sundrydtems,toiletries and soforth.
Q Mr.Boone,are you willing to serve as guardian of .your fath,errs'
estate if the Cop.rt finds that it should 'appoint you?
A
Q
Yes,lam.
"
Do you have any interests which would be opposed,or adver~e to
your father's interest?
A No,sir,I donoL .
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Ralph Boone
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Q /Do y'ou'know.of any other proceeding which has 'been begunor had."
been.begun and terminated ,with regard to you'r father's corhpet.~ncY~'..
•
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Q
A
None to my know~edge.
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That would be in Pennsylvania or any other state.
Yes,sir.
...
A Yes,I will.
EXAMINATION BY THE COURT:
Q Does the Court have any questions of this witness?.C
Q Do you know if he pres~ritly has a guardian appointed?
",,
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Mr.Boone,what is your present em.ploYmeht?
the Court?
Boone to the best of your ability if YOtt were appointed guardian by
Do you know of any.other pro ceeding.for..the appointment of a
He does not.,
Would you well and skillfully administer.the estate of James'F:.,
guardian of his estate.?
.l'fo,sir.
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A I'm a firefighter at the Greater Pittsb~rgh Airport.
Q How long have you been in the employ of the Airport?,
A Since July of 1965.
Q Where do you reside?
A R.D.No.I,McDonald,.Pa...
Ralph Boone
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What family do you have?
I have a wife::ami three"children ,
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f ,,'",'•~.~..'..'.•What is the expense:of maintaining your father atthishotne where
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he now is?
.''I"hey provide room 'and board for him.fo'r the to'tal amount of his
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,income,the Social'Security and the blind ,pension income~which r~
$193.80 a month.
Q
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And doyou kno~what their regular charges':are?:.,"~
A
,
No,sir,I don't.I understand that others there are paying more.
I don't know of any that are paying less.But at the time I investi-
gated other homes this was the only one'that'I found that would
provide this service for him for his income.All the other homes
wanted anywhere from $100~00 up more per month than he re--
ceived.And the second reason we placed him there is because
it's closer to our home than any of the other homes.'.
...,
Q Do you feel that the attention that is afforded him at this time is
i?ufficient and adequ'ate?
A At the very beginning,yes.At the present time,'I am not quite
sure.There's some problem at the home.I don't.know:what it IE.
But it seems within the last four or five months there's been a he"vy
turn-over of employees;.Ahd what this difficulty is,I don't know.
I'd like to',place him in another home and a better home if I can,:
Of course,we have an economic situation with our fami'ly tbo.
Ralph Boone'21
~,~~.....',.
And it would be difficult}to contribute too much to'his care.,
Q
,,
You wouldn't be required to do that until his assets'would be ex-
hau~ted.Do you have a r~al estate agency'who co,lle:'~ts the rental
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from the property that'Enbeen mentioned?
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Yes,sir.Joseph DeMariil on Maiden Street.
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I felt this way---that because of the distance involved between
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McDonald and here,it would be time~consumingand expensive (or
me to travel back and forth iriterviewing prospecti~e renters and ,>",
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tenants.Also,I might haye this,proplem of them contacting me
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in the event of some minor,.problems with 'the house'.,Theagent
char::ges us 5%,'which is $3;50 a month.And f6r this smaUamou t,
"it seems"to 'eliminate a lot of problems because I have no contact
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go th'rough Mr.DeMaria.And he.in turn.contacts me.
Do you carry.adequate fire insurance on "the premIses?
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If they have.any difficulties.they
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And we also carry public'liability insurance.
with the tenants whatsoever.
I belileve.$10.000 .
Y~s.siE.We-have fire and extended coveirlage in the amount of~
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Q,.I understand 'that your sister,who is here present,agrees that.~
you might act as guardian if the Court appoints,you.
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A Yes,sir.
Q How long has this piece of real esJate been owned jointly by'your-,..
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.,~elf and you~father?·..
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Did that'come ~bou.t after the death of your ~other,?
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vacant,actually.And w~,triedt,o anv,iise my'father about disposin
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Sihce,May-of last year.
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.Yes.',My mother passed away in 'February aI?-cl the house stood
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of it;the obvious thing to do.w'ould be:to dispose of it,and hedidn'
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"want to.He was opposed·to it.He wouldn't tell uSt"Yhy:AUhoug
he had menti~n~d to Reverend King he felt it would be contrarJ;to
1 ,
my mother's wishes to do anything with the"property,and also
,.
,.the"fact that she had come .to him,in dreams and advis'ed'him what
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to dO.f H~never told me this,but he'did tell'Reverend King this.
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But he wouldn't do anything with the property,nor,the furniture
until the insurance company,cancelled the insurance.Because
they considered the house to be vacant and this motivated him to
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doingE!omething.And he agr~ed to .rent.~{and sl;l~,thefurniture'~
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And in order that.I could"contract for the rental and handle the
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taMes,should .there be any appealing 6f taxes or anything like.this,
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why,then he added my n?:n1e to the .title'-
Was that done without consideration?.,.. ..I '•.'
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Q
Yes,without consideration.
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~nd do you'feel that y~u now 'hOld titI~to the ,portion of that re~l
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estate tha(you do in a'trust capa<::ity (or th~other per~ons involve ?
A .'1 don't quite und~rstand.'
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Welll you have a conveyance'that was,made to you without con-
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Q That's~th~part that I don't adequately unders,tand.It would be
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sideration:,And we call that for love and.affection..,But'if'there"
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iS I besides love and affectionl 'a;n unaerstan~ing that you ,are to "',
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hold title to that property for the benefit of others besi?es ,yours e~I
then that is a trust relationship..,And I am inquiring as to w,hat~
..
the understa~dingwas when this conve,yaiice'was ma,de,by'your.
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father to yourself and him.
It wo uld be the love and affect ion relationship.And secondlYI
to make it easier for me to handle these affairs.
,easier f,o'r 'yo~to handle these affairs.The ques'Uon that arises
,
in my mind is that a ,trust relationship that is suggested by that
maneuver so that you e~n adequately handle this pr'operty b,ut
still the equity in the property itself .woul~belong to him instead
of tob~th of you1 that is what I don'.t unders'tand.And if you can·..
explain that better to ,the Courtl we will be glad to hear]Oli.
Welll at the time Mr.Pettit and I both talked to him about
this and he toldu8 that he would like to add my name to the deed
so that in the event of his deathl the property would then become;
mine;r.:ana we pointed 'out to'him tqol this would make it ~asierl
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as I saYl'for me.to handle any'legal affaifl?that.m.ay ,come up.
But he did this of his own volition w~thout a'ny prompting from
anyone else .This was his idea.'
(A t the direction of the Courtl off-the-record dis cussion was not
,'
Ralph Bopne 24
"recorded-by the stenographer).
.'
Q Now with respect.Mr.Boone.to this joi,nt bank account where
you are taking care of the varfous inaihtenanc_~t~ems fO,r your ..:)
r'•
.to your father?
This account is solely for the purpose of depositing his income int b
placed in the account recently from pay:rp.ents that have been,made
..
There's only a very small balance maintained in
this account.
the account.
father._does that joint account contain only funds that have been
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_the account.and then'writing the checks to pay his expens es from
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Q Now your father:has no other ,personal property that you know of.
does he;such as U.S."E'.'Bonds or things of that nature?
A No.sir.he'has none that I know of.
Does he have any insurance policies that are being kept:up ?.':
A Yes.sir.he,does.
Q,'·!·What are you doing:on those?~'
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A ,Weare paying the premiums to them:,He has one w~~h Metropolit~n
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.....;,L~e whi?h/s.paid in full.
'.-It's a 20 payment life plan.'He has
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dential Insurance Company.The ,only'ones we are paying the
premiums on now are with Prudential.These are the only ones -..
that do not have a premium waiver.,provision.
Q And is he a member of any fraternalorganiz9-hon or 'similar
-
Ralph Boone
org~ni£ations where there'.s a benefit?
No,'sir,he's not.There's only one organization is the Union.
1 The mrerIlat'ional Brotherhood of Teamsters.And he has an
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insurance policy with them .
Mr.Boone,you unders\and,I am sure,"that if the Court .appointsc-
you as guardian,you are going to have to.'file an adequate bond to
cover the situation and-that the estate will have to pay the premiun s."
'bn that bond.
Yes.
And of cou'rse,you understand that you would have to keep proper
,
accounts of all receipts and expenditures~so that you ',Gould,when"
you arerequired,by law,report the same to'the Court..
Yes,sir.,
You are willing to do that?_.•"
MR.BECK:
The Court,has no further questions;.
iii
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Yes,sir.
(witness excused)..,
At~his time,Your JNdnor."I'call Joanne
Davie,who is the daughter.
I.'
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.,.Joanne Davie
I ,
JOANNE DAVIE IS CALLED AND SWORN.
26
,
DIRECT EXAMINATION BY MR.BECK:,..•
Q
A
Q
.A
Would you s tat~your name f or the ,Court?
Joanne Boone Davie.
What is'your address?
.,•t"•
5800 Schell Circle,Aliquippa,,Ra~
Q What is your relationship t6 the,alleged incompetent in this cas e ?
".
A He's my natural father.
Q'Then you are th~'s,rsJter of the petitioner?
A That's right.
,
Q .Do you have a family?
A Yes,.1 do,a husband and three children.
Q Are you familiar with the presen~physical and mental condition
of James F.Boone?
A
Q
Yes,I am.
Could you tell us from your observation what his physical.conditIon,'
.'?1S .
"
A Physically he';s practicaliy tinabl~to'take care of himself in any
way.,He can't feed himself.Ifhe's'out of his wheelchair at all
.,,
~.he'crawls.He can't walk.And I don't believe he can even get'
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from the bed'to a wheelchair ,by himself.The whole,time'he's
in a wheelchair he Keeps sirding.down all the time.You have to
keep pulling him up.If you're talking to him he keeps sliding
,'
,-------.---------------__----------.,----------------~-----J
Joanne Davie
:down.He can't sit by himself at alL
,.'Q How long has this condition persisted,to your observation?
Well,it was coming on for quite awhile.I don't believe he'sI,
worked since 1960 at alL·The last year'or so that he d.id work he
27
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didn't work steady.He'd go 'to work ana he'd come home.He'd
,
go to ~ork and he'd.start shaking and he couldn't work.He used
to drive a truck and it got to the point they w.er~afraid to have,
him on the truck,so the;(put ~im on an easier job at night.He'd,
just load up the trucks at night.:He worked ina bakery and he'q
load up the trucks at night.It got to the point,I tliink they were
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.:.~'afraid something would happen to him on the job.
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'.Wo'uld it be fair t'o say then'his condition has deteriorated since
'j :.1960?
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y'es,it has quite a bit.'He couldl still get around·some on his own
..',I.
"in 1960.He tried to drive a car.He wasn't too good at it;but
he tried.He tried to get around the home as rpuch as he could
byhimself.:E}ut later it got to the point he couldn't get around
at all.
What has your observation been of his mental condition?
A Sometimes he's alert and sometimes he's nqt.You try.to slt
down and talk to him rationally~he can't talk to you for any lengtl
of time.He'll be'talking toyou about one subj ect and eventually
he runs off into Elther.~things.
Q For how long would you say has this been the status of his mental
condition?
,Joanne Davie
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Well.it's been that way for a good while.It wa'sn't quite as."""
bad as it,is now.but especially since my mother died.it's gotten
a lot worse .
,Tha1l:'would be sirice ,Feb~uary of '67.,
That's right.
When was the last time ;you saw Y0u.r:father?
Ghristmas ~
What was his condition at tliaftime?
Well.he was ~n his wheelchair when we'went out but they c~me'
in and puthitn to bed while we were there..
I'm referring tO,his mental condition..
He was telling me he was going to get married and the girl he
was going to marry bo'ught him ali kinds of things.,and I said,
"
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and a whole house full of furniture and I knew lt wasn't true.so
off.For years he 'said a lot of,things and he didn't know what he
I just passe,d it off;And I said.','Sure.Daddy:'''And I passed it ..
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"Yes,Dad~y."And ,that was it.And he saId he had a new car,"
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was saying.
W;ould yoy s'ay ~.~was so::t of living in the past in these mome'nts ?
"
Oh,yes,a great deal.
Did YO,u'join.-in the 'petition presehted'byyour brother in this insta lee'?
I did,but it wasn't amended at the time I signed it.
t .
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,.
Joanne Davie ,29
the amendments are?"
,,
A I do,yes.I didn't know about them,.
A Well,iny father needs a -guardian~"He can't take'care of him'~elf:
Woul~'you still be willing to join in the petition as itJ,tands?
•
Q
Q Does the Court have any questions?,,.",.-
(Continued examlnation by rlVrr.J?eck:)
Q Can you shed any'light on this situation for us?Are you familiar.
ago with respect to a deed and some real property that was Jointly,~.
.'
No,I'm not., I dohaknow anything about it.
"
Did your father indicate to you anything with"regard to this con-'
veyance?
Yes,I am.I was raised in that house.I've lived there since
,..
got married and we ,left home.,
1941.'W,e lived.in the:t,t.house since 1941 up until my brother'and I
Are you familiar with the property?
Yes,I did.
owriedby himself :8.nd your'father?
with the transaction?
recorded by the st'enographer),;
(At the direction of the Court,off-the-rec'ord discussion w'as not
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Q Mrs.Dav.ie,did yo~.hear y.our broth~r':tes.tify a few moments
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Q Do you understand the significance of the conveyance to your
Joanne Davie
."
father and your brother jointly in the res pect..thatthis pr~perty;.
is owned 50%by both of them?
•
A
Q
I understand it,yes..'.
Does the Court have any specific question~that you'd,like to ask
with respect to this deed,Your Honor?
EXAMINATION BY THE COURT:
Q ~.Mrs.Davie,tile 'instrument that we are speakingof which con-
..,':,::o~'ab6ut,that;tim~that would shed anyl,ight "Yhatsoev~r on the
..
,'.tt.''..,,1 '.'.t ,."".,~,'..'.. - "-.",v~ye.d \a portion of th~',intere,sf,'in that property was ,executed in
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Did you have any'conversationw'ith your father on
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•No.He never mentioned it to me.
No,he didh't.
Did you know,up to this time,untiilty0J1Came in here today that
the property was held in the manner that it is,.one-half interest a biece;?
,
Did he ever s peak to you of the fact that he intehded to make such
a conveyance?
May of 1967.
"f.reas on;for this?
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A No,I didn't.
Q You didn't k'novi'that?
A No,sir,I didn't.
Q You were under the'in:pression ~p to this time that your father ha&
complete title,to this property?
",
Joanne-Davie ::".>'....;;t,.'",'31
A I assumed that'he did.My 'mother and dad made up a,joint rule
before she passed away;;and I understand at that tim~that when,
•
she passed away,everything wouid goto'my fa,the'r and then 'it.,
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would be left in trust for both of us.Thatwas,n1.!understanding.:
I may have been wrong,I don't know.
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A I know my father needs a'guardian.He cannot take care of himse ~.
Q The inference is that if he was just as incompetent a year ago,he
But if he's incompetent now,he was just as inoompetent a yea'r agb'
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But leaving the maHer of the real estate out,I mean the title
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theretO,and how 'it came about and whether or not it's going to be
didn't know 'what he was doing when he m,ade this deed.
I don't know if he did or not.
You say he would.be just as good a guardian?
That's right.
!~it.My brother is as good a guardian as anybody.
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But if this thing is already done,there.'s not much I can do about
Mrs.Davie,do you feel that the Court should appoint your brothel,:;.
as guardian in thism'atter ?
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,effective or valid or not,if the Court feels that a guardian should'
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be appoi~ted for your father ,presently,.do you think that your..
brother w-otild be a',competent guardian?
A'Yes.He would have an interest in my dad.He would have the best
interest in my dad.
,,
,Joanne Davie 32
Q What do you think of the care and consideration that is given your
A :.He doesn't have the best of care.But,I didn't realize at the time
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father at the place,where he presently is located?
No.I have no idea who the beneficiares are.Before tpey ~er.e'
Dp,you know where those policies might be?
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box for my dad.I don't know."this was about a year ag?he ~old .
Would'you know of any other property,besides that which has been
Do you know whether you qr your brother are named,as beneficiar es
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on any of the insurance policies that wer'e spoken of by your brothl r?
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always,my mother;but who they ate now.I don't know .
I understand;ny brother told me at one tim e he has a safe deposi.,..~)
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cha;rged to take care of my'father.,
,'"'\,'.to have him taken care of and I didn't know until today what they
,
how much it cost to maintain a person in a convalescent home I •
until I took those papers to my lawyer and he t?ld me the d~fferent
prices of the,diff~nmt hom es.And I,didn't realize it cost,so m~cl
me that.~"~So if there's any kind of papers.tha't would be"where·
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I they would;'b~.-.··
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A No.He had no other property at all..,
Q Do you feel that the propertY"ln question.;;,f which you are well
acquainted with.is rented for a proper surri at the present time?
A Yes.according to Teal ~state values where the house is located.
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~..,.~Joanne Davie
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33
I believe so..\/
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THE COURT':'",
,MR.BECK:'..,.
you very much.
THE COURT:
'.
The Court has no further questions..
That's all we hav~J Your Ifo'nor.Thank
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The Court'will take the matter under con-
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,(Proceedings Closed).
The foregoing record of theproceediags upon the hearing of the
I hereby certify that the prqceedings and evide'nce are contained
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.J<!:!fully and accurately in the notes taken by me on the hearing of the above
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::l.,~cause,and that this copy is a correet.tenscriPt of the sa~e.'.
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~above cause is hereby approved and directed to be filed.
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In the Orphans'Court of
Washington County,Pennsylvania
No.r.n'of 1968,atrc.
INRE:
ESTATE OF
JAMES F.BOONE
PETITION TO ADJUDICATE
INCOMPETENCE AND TO
APPOINT GUARDIAN
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PATRONO,CEISLER and r;::OWAROS
Attorneys at Law
80 East Chestnut Stre;et
Washington,Pennsylvania 15301
I ~I -I 7A...'7:,
j
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
\
j
IN RE:
ESTATE OF
JAMES F,.BOONE
)
)
)No.S~of 1968 ,..~
)
)
PETITION TO ADJUDICATE INCOMPETENCE
AND TO APPOINT G liARDIAN
AND NOW,this 29th day of February ,1968,comes RALPH F.
BOONE,by his attorneys,PATRONO,CEISLER AND EDWARDS,ESQS.,
and respectfully represents and sets forth as follows:
1.James F.Boone is an individual who is a resident of Robinson
Township,R.D.I,Washington County,Pennsylvania;who is herein called
the alleged incompe.tent.
2.Your petitioner is the son of the said James F.Boone.
3.The alleged incompetent was born July 17,1909,and is now 59
years of age.
4.The alleged incompetent is presently a patient at the Cartwright
Convalescent Home,R.D.1,Imperial,Pennsylvania.
5.The names and addresses of the next of kin of the alleged incompe-
tent who would be entitled to share in his estate should he now die intestate
are:
Ralph F.Boone
Joanne F.Davie
Son R.D.11 McDonald,Pa..
Daughter 5800 Schell Circle,
Aliquippa,PennsylTania
6.The alleged incompetent is a tenant by the entirety in property which
has'an estimated gross value of$7,000..00.
7.The alleged incompetent has a monthly income of approximately
$118.80 from Social Security (disability)and approximately $75.00 from,
State Blind Pension and $66~~O.from .Rental Property (net)or a n annual ',
income of approximately $3123,.60.t.
8..The alleged incompetent was not a memb~r of t~e Armed Services
,of the United States and is not receiving benefits from the United States Veter-
ans Administration.
9.The alleged incompetent iSI because of the mental infirmities of old
age,unable to manage his property and is liable to dissipate it and become
the victim of designing persons.
10..Your petitioner proposes as Guardian of the Estate of the alleged
incompetent Ralph F.Boone of Robinson Township,R.D.1,Washington
County,Pennsylvania,who is a son of the alleged incompetent.
Jl..The proposed Guardia,n has no interest adverse to the alleged in-
competent.
12..No other court has ever assumed jurisdiction in any proceeding to
determine the competency of the alleged incompetent.
-2-
,,'
13..No other Guardian has been appointed for the Estate of the
alleged incompetent.
14.James R.B:Q.gh~Y,M.D.,of West Lincoln Avenue,McDonald,
Pennsylvania,will by oral testimony certify that the alleged incompetent is
incompetent to handle hi..s \own.affairs and sho_uld have a Guardian to protect
his Estate.He will further certify that the general condition of the said
alleged incompetent would not be promoted by his presence at a hearing in
the Courts of this County.
15.Attached hereto is the Certificate of all of the next of kin of
James F.Boone certifying that they have read this Petition,that they under-
stand its contents,and that they do join in the prayer of the said Petition.
WHEREFORE,your petitioner prays your Honorable Court that your
Honorable Court award,pursuant to Section 301 of the Incompetents'Estate
Act of 1955,p.L.1154,as amended,5.0 p.S.3301,a citation directed.to
the alleged .in:·oI}l~.te.n,t,withoutnotice to the next of kin who have joined in..
this petition and with notice to the alleged incompetent in care of the Cart-
wright Convale scent Home,to show cause why he should not be adjudged,,,
an incompetent and a Guardian of his Estate appointed..
PATRONa,CEISLER AND EDWARDS
By--:;~~~--.:.:.:;c.:..:.:...:~~_·#0-~=-_
ttorneys for Petitioner
-3-
Dated:February 29,1968
."
,
CO,MMONWEALTH OF ,PENNSYLVANIA )
)SS:
COUNTY OF WASHINGTON )
Before mel the undersigned authoritYI personally appeared
RALPH F.BOONEI who,being duly sworn according to lawl deposes
and says:that the facts set forth "in the foregoing Petition to Adjudicate
Incompetence and to Appoint Guardian are true and correct upon his
per sonal knowledge.
Sworn to and subscribed ,.
before me this 2J1 TI,day of ,.,
,1968.
Notary Public
KATHRYN E.RUTAN,NOTAR,Y PUBLIC
Tron Ward Building,80 E.Chestnut SL
Washington,Washington County,PL
My Commission Expires January 15,197J
My Commission Expires:
·,r
JOINDER OF NEXT OF KIN
o.
The undersigned,who are all of the next of kin of James F.Boone
and the p~rs.6ns who would be entitled to inherit his property if he should
die intestate,do hereby certify that they have read the foregoing Petition,
understand it~contents,and that they do join in the prayer of th.e said
Petition.
Witnesses:
c.fitD
'.
,.
of JOHN
Notice shall
1 •
ORDER
ffi
AND NOW,thi s ~day 0 f --/--,...u:.~~4-----'1968,
the foregoing Petition having been presented)
C.PETTIT,ESQ.,Attorney for the petitioner,it is ordered and
decreed that a citation be awarded,directed to James F.Boone,
to show cause why he should not be adjudged an incompetent and a
Guardian appointed for him.
A Hearing shall be held on the said Petition and the
answer of the alleged incompetent in the Orphans'Court of Wash-
ington County,Pennsylvania,on Thursday,the /r~ay of1t4-'1968,at //3 (J P.~.
be give'to the alleged incompetent by personal service of Copy
of Citation and Petition.No notice to the next of kin of the
alleged incompetent is required for the reason that they have
joined in the prayer of the a ter having examined it.
1Ju WIlt OOrpqUt159 atourt of Ihtnl1htytnn (finUttiY9 Jtttuayluattitt
IN RE:(
ESTATE OF .)NO.550 of 1968.
JAMES F.BOONE .('.
,~n alleged incompetent(!lifatinu
QtommouwI'ult4 of Jl'uunyluuuiu ,l !l!l:
QrountU of lUunqtttglnn )
To:JPJilES F,BOONE
Cartwright Convalescent Home,R,D.l,Imperial,Penna.'
Sur Petition of:·RALPH F,BOONE
Dr Q!ottttttuttb WU1t9 --"'-'JA.......,~ME~S----.F...tL..--l.B......OC>.L.OJ.J.J.NE..L.-'..;..._
that)laying aside all business and excuses whatsoever,you do file in the
office of the Clerk of our Orphans I Court of Washington County,a full and
complete answer,under oath,to each and every of the averments of the said
petition,on or before Thursday ,the 18th day of _-=A'-"-P=R=..IL=--.
1H68 ,at 1 :30 o'clock ~.M.,and show cause why the said
JamesF.Boone should not be adjudged an incompetent and a Guardian
appointed for his Estate appointed;
and further abide the order of our said Court in the premises,
If you fail hereof,the petition may be taken PRO CONFESSO and a
decree made against you.
WITNESS the Honorable P.Vincent Marino,President Judge of our
I
'I
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s~id Court,at Washington,Penna.,,19 68.
..Clerk of the Orphans!Court
PATRONO,CEISLER &EDWAHDS.Esq~
Attorne)Sfor Petitioner..'
80 E.Chestnut st.,
(Seal)Washington,Penna.,
15301.
~
~
IN THE ORPHANS'COURT OF
WASHINGTON COUNTY,
PENNSYLVANIA
NO.5 5 0 0 f 19 6 8
IN RE:
ESTATE OF
JAMES F.BOONE,
An alleged Incompetent
AFFIDAVIT OF SERVICE
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PATRONO,CEISLER and EDWARDS
SUCCESSORS TO
PATRONO AND EDWARDS
ATTORNEYS AT LAW
TRON WARD BUILDING
80 EAST CHESTNUT STREET
WASHINGTON,PENNSYLVANIA
[5301
/:
IN THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA
IN RE:
ESTATE OF
j
JAMES F.BOONE,
An alleged Incompetent -..
No.550 of 1968
AFFIDAVIT OF SERVICE
COMl\{)NWEALTH OF PENNSYLVANIA
SS:
COUNTY OF WASHINGTON 1
Before me,the undersigned authority in and for said
county and commonwealth,personally appeared JOHN H.GOLNA,
Deputy Constable of the Seventh Ward of the City of Washington,
Washington County,Pennsylvania,who,first having been duly sworn
according to law,deposes and says that he served a copy of the
Petition and Citation on James F.Boone on Monday,April 8,1968,
at 6:30 o'clock P.M.,at Imperial,Pennsylvania,by handing to
him a duly attested copy of same and making known to him the
con~ents thereof,and deponent further states that the identity
of James F.Boone was personally known or satisfactorily proven.
Sworn to and subscribed
before me,this 16th day
o f Ap r i 1,1968
/'~'G~~:~~tary PUbl~·
Public/\NGEUNE SORICE,Notary
-Cher.tnut St.80 E.-';\lash.Co.,Pa..,washingt?~,Ex ires ]a\1uanJ 11,197.~'iv commission P".